[Federal Register Volume 75, Number 239 (Tuesday, December 14, 2010)]
[Rules and Regulations]
[Pages 77962-78027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30447]



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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Revised Critical Habitat 
for Santa Ana Sucker; Final Rule

  Federal Register / Vol. 75 , No. 239 / Tuesday, December 14, 2010 / 
Rules and Regulations  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2009-0072; 92210-1117-0000-B4]
RIN 1018-AW23


Endangered and Threatened Wildlife and Plants; Revised Critical 
Habitat for Santa Ana Sucker

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate 
critical habitat for Santa Ana sucker (Catostomus santaanae) under the 
Endangered Species Act of 1973, as amended. In total, approximately 
9,331 acres (3,776 hectares) of habitat in the Santa Ana River in San 
Bernardino, Riverside, and Orange Counties and the San Gabriel River 
and Big Tujunga Creek in Los Angeles County in southern California fall 
within the boundaries of the critical habitat designation. This final 
revised designation constitutes an overall increase of approximately 
1,026 acres (415 hectares) from the 2005 designation of critical 
habitat for Santa Ana sucker.

DATES: This rule becomes effective on January 13, 2011.

ADDRESSES: This final rule and the associated final economic analysis 
are available on the Internet at http://www.regulations.gov and http://www.fws.gov/carlsbad/. Comments and materials received, as well as 
supporting documentation used in preparing this final rule are 
available for public inspection, by appointment, during normal business 
hours, at the U.S. Fish and Wildlife Service, Carlsbad Fish and 
Wildlife Office, 6010 Hidden Valley Road, Suite 101, Carlsbad, CA 
92011; telephone 760-431-9440; facsimile 760-431-5901.

FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, U.S. 
Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 
Hidden Valley Road, Suite 101, Carlsbad, CA 92011; telephone 760-431-
9440; facsimile (760) 760- 431-5901. If you use a telecommunications 
device for the deaf (TDD), call the Federal Information Relay Service 
(FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

    It is our intent to discuss only those topics directly relevant to 
the development and designation of revised critical habitat for Santa 
Ana sucker in this final rule. In the proposed rule (74 FR 65056; 
December 9, 2009) and the document that made available the draft 
economic analysis (DEA) (75 FR 38441; July 2, 2010), we stated that 
there was new information on the distribution of Santa Ana sucker and 
its habitat within the Santa Ana River that we did not discuss in the 
2005 final critical habitat designation for this species (70 FR 425; 
January 4, 2005). As a result of public comments on this new 
information, we are providing clarification of this information in the 
Habitat and Geographic Range and Status sections of this final rule. 
Additionally, we incorporated information from recent surveys in the 
Santa Ana River (see Geographic Range and Status section) and new 
information on the hydrology and flow regime of the Santa Ana River 
(see Sites for Breeding, Reproduction, and Rearing (or Development) of 
Offspring section). No new information pertaining to the species' 
description, life history, or ecology was received following the 2009 
proposed revised rule and the document that made available the DEA. For 
more information on Santa Ana sucker, refer to the final listing rule 
published in the Federal Register on April 12, 2000 (65 FR 19686); the 
designation and revision of critical habitat published in the Federal 
Register on February 26, 2004 (69 FR 8839), and on January 4, 2005 (70 
FR 425), respectively; the proposed revised critical habitat published 
in the Federal Register on December 9, 2009 (74 FR 65056); and the 
document that made available the DEA published in the Federal Register 
on July 2, 2010 (75 FR 38441).

Habitat

    As discussed in detail in the Habitat section of the proposed 
revised critical habitat rule (74 FR 65056; December 9, 2009), Santa 
Ana sucker requires various substrate types throughout different stages 
of its life. The presence of coarse substrates, including gravel, 
cobble, and a mixture of gravel or cobble with sand, and a combination 
of shallow riffle areas and deeper runs and pools provide optimal 
stream conditions (Haglund et al. 2001, p. 60; Haglund and Baskin 2003, 
p. 55). Areas of shifting sandy substrates are less suitable for 
development of algae, an important food source for suckers (Saiki et 
al. 2007, p. 98). Therefore, an integrated water system that contains 
and provides the appropriate quantity of coarse substrates such as 
gravel, larger cobbles, or boulders that provide the space for 
reproductive development and growth of algae as a primary food source 
is important for a viable population of Santa Ana suckers.
    Saiki et al. (2007, p. 98) indicates that the San Gabriel River 
supports higher body condition Santa Ana suckers (as described by their 
higher length-weight relationship) and greater availability of various 
habitat types than the Santa Ana River. They state that the San Gabriel 
River generally contains a higher abundance of Santa Ana suckers and 
larger individuals, which may be attributed to more suitable habitat 
characters such as cooler water temperature, intermediate water 
velocities, and commonality of pools and riffles with coarser bottom 
substrates, all of which may contribute to a better functioning system 
and more suitable habitat for Santa Ana suckers (Saiki et al. 2007, pp. 
99-100).
    In the San Gabriel River, there are some distinct differences 
between the three forks of the river (north, west, and east), which 
seem to correlate with both fish abundance and life stage occupancy 
(Tennant 2006, pp. 4-5, 9). Overall, the water condition (i.e., lower 
temperature, lower specific conductance, and lower turbidity) and 
habitat available in the San Gabriel River system appear to be primary 
reasons that Santa Ana suckers are in higher abundance and better 
condition compared to those in the Santa Ana River, although other 
variables (i.e., stream width or depth) may also influence the species' 
abundance and condition. For example, in the Santa Ana River, the 
predominate riparian vegetation is the nonnative species Arundo donax 
(giant reed). In Big Tujunga Creek, A. donax can be common in the lower 
reaches (Baskin and Haglund 1999, p. 11; Saiki 2000, pp. 62-80). In the 
San Gabriel River, this nonnative plant is rarely found, and the 
riparian vegetation consists of primarily native vegetation or may be 
bare due to the steeper, mountainous terrain (Saiki 2000, pp. 18-19; 
Saiki et al. 2007, p. 90). Native riparian vegetation provides cover 
and shelter from predators, which is essential for juvenile and adult 
Santa Ana suckers (see Primary Constituent Elements--Cover and Shelter 
and Primary Constituent Elements for Santa Ana Sucker below). Arundo 
donax is an aquatic plant in the genus of perennial reed-like grasses 
(Poaceae) and is often found growing along lakes, streams, and other 
wetted areas. Compared to other riparian vegetation, it is known to use 
excessive amounts of water to supply its exceptionally high growth 
rates (Bell 1997, p. 104) and could crowd out native riparian 
vegetation or possibly lower the water table (Zembal and Hoffman 2000, 
p. 66). In areas where A.

[[Page 77963]]

donax is common, flows may become diminished and sandy pools may form. 
Slow-moving flows and formation of pools are preferred habitat for 
nonnative predators such as largemouth bass (Micropterus salmoides) and 
green sunfish (Lepomis cyanellus), which have been suggested to prey 
heavily on Santa Ana suckers. The effects of A. donax presence may 
negatively affect Santa Ana sucker by altering the instream habitat 
and, may also provide habitat for nonnative predators. However, these 
types of impacts would need to be evaluated within the context of 
potential threats to the Santa Ana sucker.
    The unmodified and unpolluted habitat in the San Gabriel River 
supports what appears to be a healthier and more viable population of 
Santa Ana sucker. Habitat assessments conducted throughout the Big 
Tujunga Creek indicate that the habitat suitability is variable 
throughout the system; however, the river does contain areas that are 
suitable for all Santa Ana sucker life stages (LACDPW 2009, Google 
Earth kmz file). It is likely that because of the variability in 
habitat suitability, the density of Santa Ana suckers in the Big 
Tujunga Creek is patchy and often low (Ecorp Consulting 2010a, p. 5; 
Haglund and Baskin 2010, pp. 5-6).
    Santa Ana sucker habitat may be impacted as a result of wildfires. 
Impacts associated with wildfires may occur immediately or may not 
become apparent until much later. Immediate impacts may include the 
loss of upland and riparian vegetation and creation of roads for fire-
fighting, which may allow greater access to streambeds and facilitate 
increased Off Highway Vehicle (OHV) use, resulting in further habitat 
degradation (USGS 2009, p. 7). Excessive debris flows and changes to 
water quality are anticipated to occur during seasonal rains over the 
next several years in the Big Tujunga Creek and surrounding San Gabriel 
Mountains (USGS 2009, p. 7). Anticipated post-fire impacts to streams 
within the critical habitat designation for Santa Ana sucker include 
ash and debris deposition that may physically alter streambeds and 
pools, increased scouring of riparian and aquatic vegetation, and 
increased water temperature from the short-term loss of canopy shading 
(USFS 2009, p. 5). Post-fire impacts to water quality (such as 
increased turbidity) are also anticipated along with release and 
mobilization of toxic chemicals such as gas, oil, and building 
materials from burned structures and their contents (USFS 2009, p. 6). 
The impacts associated with post-fire winter flows include but are not 
limited to changes in sediment composition, high flows that flush Santa 
Ana suckers into unsuitable habitats, and changes in water quality 
(such as increased turbidity and the introduction of chemicals from 
debris and fire retardant).
    Recreational uses of streams may pose significant impacts to Santa 
Ana sucker habitat. Throughout the drainage systems where Santa Ana 
suckers persist, there are varying levels of recreational use. On U.S. 
Forest Service lands, recreational pressures may be considerable. 
Permanent or intermittent dams are frequently created for recreational 
purposes, such as those used for suction dredging or bathing. These 
dams may degrade instream and bank habitat, decrease water quality by 
increasing turbidity (affect PCE 4), disrupt sediment transport (affect 
PCEs 1 and 2), impede upstream movement, degrade habitat by slowing 
water velocities (affect PCE 3), increase water temperatures (affect 
PCE 5), and encourage excessive growth of algae (Ally 2003, p. 3). In 
addition, presumably, since water depths increase and velocities 
decrease, these areas may harbor nonnative predators (Ally 2003, p. 1; 
Chambers Group 2004, p. 6-4). Recreational residences located within 
the riparian area of the San Gabriel River and Big Tujunga Creek may 
impact Santa Ana sucker because of the improperly functioning septic 
systems at these residences which can degrade water quality conditions 
by increasing water turbidity (PCE 4) as a result of the increased 
nutrient loads in the water (USFS 2007, p. 18), which lead to excessive 
algal growth.

Geographic Range and Status

    As discussed in detail in the Geographic Range and Status section 
of the proposed revised rule (74 FR 65056; December 9, 2009), genetic 
introgression (when a hybrid breeds with one of the parent species) has 
been detected in both Santa Ana sucker and Owens sucker (Catostomus 
fumeiventris) within the Santa Clara River (Ferguson 2009, p. 1; Chabot 
et al. 2009, p. 24), indicating that hybridization between these two 
species has occurred. Moyle (2002, p. 184) and Chabot et al. (2009, p. 
1) recently described hybridization of Santa Ana sucker with Owens 
sucker in the lower Santa Clara River in the vicinity of Fillmore and 
Sespe Creek. As stated in the proposed revised critical habitat rule 
(74 FR 65056; December 9, 2009), a genetic analysis of the populations 
in all four watersheds would provide information on the status of the 
fish throughout the range, including whether the Santa Clara population 
is native, introduced, or hybridized. However, this analysis has not 
been completed to date. Researcher and species' expert opinions on the 
status of the population in the Santa Clara River vary widely. 
Additional research is needed to determine the impact and extent of 
hybridization on genetically pure Santa Ana sucker in the Santa Clara 
River. Given the lack of new genetic information to help us determine 
whether Santa Ana suckers in the Santa Clara River are native or 
introduced, as well as a lack of information on the impact and extent 
of hybridization on genetically pure Santa Ana sucker, we continue to 
adhere to our 2000 decision not to include the Santa Clara River 
population of the Santa Ana sucker as part of the listed entity. 
Therefore, the Santa Clara River area was not included in the proposed 
revision to critical habitat or this final rule.
    The Santa Ana sucker is considered a listed species in the Los 
Angeles, San Gabriel, and Santa Ana River drainages (Service 2000, pp. 
19686-19687). Additionally, the listing rule states that Arroyo 
Tesquesquite, Sunnyslope Creek, Anza Park Drain, and the lower outlet 
of Hidden Valley Drain are used for spawning and nurseries (Service 
2000, p. 19687), and therefore Santa Ana sucker in those areas are 
considered part of the listed entity. The historical survey records for 
this species are not considered complete, and the precise areas 
occupied by the species are difficult to determine with certainty 
because not all areas were surveyed exhaustively and distribution 
literature states that the Los Angeles, San Gabriel, and Santa Ana 
River drainages as a whole were occupied (Moyle 2002, p. 183; 
Greenfield et al. 1970, p. 166; Smith 1966, pp. 53-56). In particular, 
the upper limit of habitat occupied by the Santa Ana sucker within each 
of the Los Angeles, San Gabriel, and Santa Ana River drainages is 
difficult to determine. However, as we note in our analysis of criteria 
used to define critical habitat (see Criteria Used To Identify Critical 
Habitat section below), Santa Ana suckers have not been observed in 
streams or rivers where the instream gradient exceeds 7 degrees. Even 
in areas where the stream gradient is less than 7 degrees, the upper 
limits of occupied habitat within the drainages likely have varied 
through time because of the dynamic nature of these drainage systems. 
Portions of streams may dry out in some years while the same area may 
become occupied by Santa Ana suckers in subsequent years due to the

[[Page 77964]]

presence of water (Baskin et al. 2005, pp. 1-2).
    The current status of Santa Ana sucker in the Santa Ana River 
appears to be declining. In 2009, the lowest Santa Ana sucker density 
since sampling began in 2001was reported by the Santa Ana Sucker 
Conservation Program Team (Team). Although densities of Santa Ana 
sucker have been variable from year to year, the overall density trend 
in the Santa Ana River is decreasing (SMEA 2009, p. 2). Recent research 
conducted by Thompson et al. (2010, pp. 321-332) indicates that the 
areas in the Santa Ana River with the highest quality habitat (gravel 
and cobbles) available for adult, juvenile, and larval stages of Santa 
Ana sucker occur just downstream of Riverside Avenue near the 
Riverside-San Bernardino County line. Further, they believe Santa Ana 
sucker abundance is directly related to the abundance of cobbles and 
gravel and that the lower portion of the survey area contains little to 
no suitable substrates (Thompson et al. 2010, pp. 328-331). Monitoring 
and research results from both the Team (SMEA 2009, pp. 1-5) and 
Thompson et al. (2010, pp. 328-330) show that low abundance of suitable 
habitat is correlated with low Santa Ana sucker abundance, indicating 
that altered fluvial processes (i.e., diminished transport of water and 
coarse sediments), lack of suitable substrate, and impediments to 
movement continue to fragment much of the current distribution of Santa 
Ana sucker in the Santa Ana River watershed.
    Recent survey reports from the West Fork of the San Gabriel River 
indicate that there may be a decreasing trend in Santa Ana sucker 
population (Ecorp Inc. 2007, p. 9; Ecorp Inc. 2010b, p. 9). Monitoring 
of the West Fork of the San Gabriel River within and outside of the 
off-highway vehicle (OHV) area has indicated that Santa Ana sucker is 
generally more abundant at the control sites than in the OHV area 
(Haglund and Baskin 2002, pp. 9-15; Ecorp Inc. 2007, p. 9; Ecorp Inc. 
2010b, p. 9). However, during the 2009 monitoring period, very low 
numbers of Santa Ana suckers and hundreds of nonnative predators were 
captured at all sites within the study area (Ecorp Inc. 2010b, p. 9). 
The report postulates that the flood basin of the San Gabriel Dam was 
full and flooded into areas where Santa Ana suckers are normally 
present; however, water quality measurements do not indicate any 
measureable change (Ecorp Inc. 2010b, p. 7). It is possible that the 
operations of the Cogswell and San Gabriel Dams have impacted the 
habitat suitability for Santa Ana sucker, and, in turn, abundance has 
decreased in the West Fork of the San Gabriel River. More information 
is needed to evaluate the status of Santa Ana sucker in the West Fork 
of the San Gabriel River.

Previous Federal Actions

    Santa Ana sucker was listed as a threatened species under the 
Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et 
seq.) on April 12, 2000 (65 FR 19686), in the Los Angeles River basin, 
San Gabriel River basin, and Santa Ana River basin. A fourth population 
in the Santa Clara River was not listed because it was presumed to be 
introduced into that watershed. Critical habitat was designated on 
January 4, 2005 (70 FR 425).
    On November 15, 2007, California Trout, Inc., the California-Nevada 
Chapter of the American Fisheries Society, the Center for Biological 
Diversity, and the Friends of the River filed suit against the Service 
alleging the 2005 final designation of critical habitat violated 
provisions of the Act and Administrative Procedure Act [(California 
Trout, Inc., et al., v. United States Fish and Wildlife, et al., Case 
No. 07-CV-05798 (N.D. Cal.) transferred Case No. CV 08-4811 (C.D. 
Cal.)]. We entered into a stipulated settlement agreement with 
plaintiffs that was approved by the district court on January 21, 2009.
    The stipulated agreement required that we submit a proposed revised 
critical habitat for the Santa Ana sucker to the Federal Register by 
December 1, 2009, and a final revised critical habitat by December 1, 
2010. On December 9, 2009, we published in the Federal Register a 
proposed revised critical habitat for the Santa Ana sucker (74 FR 
65056). On July 2, 2010, we published a notice in the Federal Register 
reopening the comment period on the proposed rule and making available 
the DEA (75 FR 38441). With this final rule, we are submitting a final 
revised critical habitat designation to the Federal Register by 
December 1, 2010, in accordance with the stipulated agreement. For 
additional information, please see the Previous Federal Actions section 
of the proposed rule (74 FR 65056; December 9, 2009).

Critical Habitat

Background

    Critical habitat is defined in section 3 of the Act as:
    (i) 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
    (I) Essential to the conservation of the species and
    (II) That may require special management considerations or 
protection; and
    (ii) 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.
    Conservation, as defined under section 3 of the Act, means the use 
of all methods and procedures that are necessary to bring any 
endangered or threatened species to the point at which the measures 
provided under the Act are no longer necessary. Such methods and 
procedures include, but are not limited to, all activities associated 
with scientific resources management such as research, census, law 
enforcement, habitat acquisition and maintenance, propagation, live 
trapping, transplantation, and in the extraordinary case where 
population pressures within a given ecosystem cannot otherwise be 
relieved, may include regulated taking.
    Critical habitat receives protection under section 7(a)(2) of the 
Act through the prohibition against Federal agencies carrying out, 
funding, or authorizing the destruction or adverse modification of 
critical habitat. Section 7(a)(2) of the Act requires consultation on 
Federal actions that may affect critical habitat. The designation of 
critical habitat does not affect land ownership or establish a refuge, 
wilderness, reserve, preserve, or other conservation area. Such 
designation does not allow the government or public to access private 
lands. Such designation does not require implementation of restoration, 
recovery, or enhancement measures by private landowners. Where a 
landowner requests Federal agency funding or authorization for an 
action that may affect a listed species or critical habitat, the 
consultation requirements of section 7(a)(2) of the Act would apply, 
but even in the event of a destruction or adverse modification finding, 
the landowner's obligation is not to restore or recover the species, 
but to implement reasonable and prudent alternatives to avoid 
destruction or adverse modification of critical habitat.
    For inclusion in a critical habitat designation, the habitat within 
the geographical area occupied by the species at the time it was listed 
must contain the physical and biological features essential to the 
conservation of the species, and be included if those features may 
require special

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management considerations or protection. Critical habitat designations 
identify, to the extent known using the best scientific and commercial 
data available, habitat areas that provide essential life cycle needs 
of the species (areas on which are found the physical and biological 
features laid out in the appropriate quantity and spatial arrangement 
essential to the conservation of the species). Under the Act and 
regulations at 50 CFR 424.12, we can designate critical habitat in 
areas outside the geographical area occupied by the species at the time 
it is listed only when we determine that those areas are essential for 
the conservation of the species and that designation limited to those 
areas occupied at the time of listing would be inadequate to ensure the 
conservation of the species.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific and commercial data available. 
Further, our Policy on Information Standards Under the Endangered 
Species Act (published in the Federal Register on July 1, 1994 (59 FR 
34271), the Information Quality Act (section 515 of the Treasury and 
General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 
106-554; H.R. 5658), and our associated Information Quality Guidelines 
provide criteria, establish procedures, and provide guidance to ensure 
that our decisions are based on the best scientific data available. 
They require our biologists, to the extent consistent with the Act and 
with the use of the best scientific data available, to use primary and 
original sources of information as the basis for recommendations to 
designate critical habitat.
    When we are determining which areas should be designated as 
critical habitat, our primary source of information is generally the 
information developed during the listing process for the species. 
Additional information sources may include the recovery plan for the 
species, articles in peer-reviewed journals, conservation plans 
developed by States and counties, scientific status surveys and 
studies, biological assessments, or other unpublished materials and 
expert opinion or personal knowledge.
    Habitat is often dynamic, and species may move from one area to 
another over time. Furthermore, we recognize that critical habitat 
designated at a particular point in time may not include all habitat 
areas that we may later determine are necessary for the recovery of the 
species. For these reasons, a critical habitat designation does not 
signal that habitat outside the designated area is unimportant or may 
not be required for recovery of the species.
    Areas that are important to the conservation of the species, but 
are outside the critical habitat designation, will continue to be 
subject to conservation actions we implement under section 7(a)(1) of 
the Act. Areas that support populations are also subject to the 
regulatory protections afforded by the section 7(a)(2) jeopardy 
standard, as determined on the basis of the best available scientific 
information at the time of the agency action. Federally funded or 
permitted projects affecting listed species outside their designated 
critical habitat areas may still result in jeopardy findings in some 
cases. Similarly, critical habitat designations made on the basis of 
the best available information at the time of designation will not 
control the direction and substance of future recovery plans, habitat 
conservation plans (HCPs), or other species conservation planning 
efforts if information available at the time of these planning efforts 
calls for a different outcome.

Physical and Biological Features

    In accordance with section 3(5)(A)(i) and 4(b)(1)(A) of the Act and 
the regulations at 50 CFR 424.12, in determining which areas within the 
geographical area occupied by the species at the time of listing to 
designate as critical habitat, we consider the physical and biological 
features essential to the conservation of the species which may require 
special management considerations or protection. These include, but are 
not limited to:
    1. Space for individual and population growth and for normal 
behavior;
    2. Food, water, air, light, minerals, or other nutritional or 
physiological requirements;
    3. Cover or shelter;
    4. Sites for breeding, reproduction, and rearing (or development) 
of offspring; and
    5. Habitats that are protected from disturbance or are 
representative of the historic, geographical, and ecological 
distributions of a species.
    We consider the specific physical and biological features essential 
to the conservation of the species laid out in the appropriate quantity 
and spatial arrangement for the conservation of the species. We derive 
the specific physical and biological features for Santa Ana sucker from 
the biological needs of this species as described in the Critical 
Habitat section of the proposed rule to designate critical habitat for 
Santa Ana sucker, which published in the Federal Register on December 
9, 2009 (74 FR 65056).
    Based on the needs and our current knowledge of the life-history, 
biology, and ecology of the species and the habitat requirements for 
sustaining the essential life history functions of the species, we 
determined that Santa Ana sucker's physical and biological features 
consist of flowing stream habitat (see Primary Constituent Elements 
section for further discussion). However, some portions of this habitat 
may experience significant reductions in, or an absence of, surface 
flows during certain portions of the year (such as during summer 
months) or under certain conditions (such as during severe droughts or 
when artificial sources of water are temporarily suspended). Some areas 
that we consider essential to the conservation of Santa Ana sucker may 
not experience flows except during major storms events. However, these 
areas are critically important components of naturally occurring 
hydrologic and geologic processes because they provide a connected 
hydrologic system within the historical range of this species. We have 
attempted to capture the dynamic nature and importance of these 
processes in identifying the habitat upon which Santa Ana sucker 
depends.

Habitats That Are Representative of the Historic Geographical and 
Ecological Distribution of the Species

    Santa Ana sucker inhabits flowing streams, and has not been 
collected from reservoirs (Swift 2001, p. 15; Moyle 2002, p. 184). 
Water depths and velocities, as well as bed substrates, vary over the 
reaches of these streams creating various habitat features including:
    1. Moderate currents over a uniform, unbroken stream bottom (i.e., 
runs);
    2. Water flowing over gravel and cobble substrates that causes 
ripples to form on the surface of the water (i.e., riffles); and
    3. Deep water areas created by submerged boulders where water is 
cool and relatively still (i.e., pools).
    Streams in southern California are subject to periodic, severe 
flooding that alters channel configuration, instream habitat 
conditions, and vegetation structure (Moyle 2002, p. 183). Hence, as 
stream conditions change, the characteristics of stream and bank 
habitats and their suitability for Santa Ana sucker change, influencing 
the distribution of the fish over time. Therefore, even stream reaches 
where flows may periodically be interrupted or dewatered become 
essential during periods of high flows to allow Santa

[[Page 77966]]

Ana suckers to move between other habitat areas necessary for breeding, 
feeding, and sheltering.
    Gravel beds in shallow, but clear, flowing stream reaches are 
needed for spawning. Shallow areas with sandy substrates and 
overhanging vegetation are needed to support larvae and fry. Juvenile 
and adult Santa Ana suckers require deeper pools of water for foraging, 
shelter during storms, and cover.
    Santa Ana sucker prefers cool water temperatures but has been found 
in waters between 59 and 82 [deg]Fahrenheit (F) (15 and 28 [deg]Celsius 
(C)) in the Santa Ana River (Swift 2001, p. 18). Cooler water 
temperatures are only maintained in some areas by the upwelling of 
cooler groundwater, tributary flows, or shade from overhanging 
vegetation. Overhanging and instream vegetation are also needed for the 
development of an aquatic invertebrate community to supply food for 
adult suckers as well as for protective cover, and shade, which reduces 
water temperature during summer and fall months. Therefore, a complex 
and integrated stream system is needed that: (1) Encompasses sand, 
gravel, cobble, and rock substrates; (2) harbors diverse bed 
morphologies found in deep canyons and alluvial floodplains; (3) 
provides varying water depths and velocities; (4) contains tributaries 
that provide fish with areas of refuge (refugia) from predators and 
during floods and that can also provide suitable breeding habitat; and 
(5) harbors sources of coarse sediment for renewal of substrate in 
occupied areas. The primary constituent elements (PCEs; see Primary 
Constituent Elements for Santa Ana Sucker section for detailed 
discussion) and the resulting physical and biological features 
essential to the conservation of Santa Ana sucker are derived from 
studies of this species' habitat, ecology, and life history as 
described below, in the Background section of the proposed revised rule 
published in the Federal Register on December 9, 2009 (74 FR 65056), in 
the final listing rule published in the Federal Register on April 12, 
2000 (65 FR 19686), in the final critical habitat designation published 
in the Federal Register on February 26, 2004 (69 FR 8839), and in the 
final revised critical habitat designation published in the Federal 
Register on January 4, 2005 (70 FR 425).

Space for Individual and Population Growth and for Normal Behavior

    Santa Ana suckers use various water depths, depending on their 
life-history stage and activity, and do not occupy all reaches of their 
habitat at any one time (Saiki 2000, p. 19; Haglund and Baskin 2003, p. 
53). Larval- and early-stage juvenile Santa Ana suckers prefer the 
shallow margins of streams in water of 2 to 4 inches (in) (5 to 10 
centimeters (cm) in depth; as fish mature, they move into deeper water. 
Adults prefer deep pools for feeding and seeking refuge, riffles of 
varying depths for spawning, and riffles and runs of varying depths for 
movement between pools (Haglund et al. 2003, p. 102). For example, in 
the Santa Ana River, adult Santa Ana suckers have been found in diverse 
habitat areas, including shallow runs of less than 4 in (10 cm) in 
depth, in flowing water up to 5 feet (ft) (150 cm) deep (Saiki 2000, p. 
19; Swift 2001, p. 66), and in pools 6 to 10 ft (200 to 300 cm) deep 
(Allen 2004). They have been found in similarly varying water depths in 
the San Gabriel River (Saiki 2000, p. 48), and Saiki speculates that 
their capture in these various depths is reflective of their ability to 
take advantage of a variety of habitat conditions (2000, p. 25). Flows 
within occupied habitat areas may occasionally become very shallow due 
to seasonal reductions in flow volumes or be interrupted as a result of 
dam operations or releases from wastewater treatment plants (such as in 
the Santa Ana River) in some portions of a stream reach. When stream 
depth is significantly reduced, deep pools become a critically 
important refuge for fish.
    Surface water flows must be present within the stream, but water 
velocities where Santa Ana suckers occur can vary from slight to swift 
(Haglund and Baskin 2003, p. 2). Larvae and fry congregate exclusively 
in almost-still waters, not moving into swifter currents until they 
have matured into later juvenile stages (Swift 2001, pp. 17-18). Swift 
(2001, p. 61) suggests that juvenile fish prefer areas with less water-
velocity than do adults because they can expend less energy maintaining 
their position in the stream. Adult and juvenile Santa Ana suckers in 
the San Gabriel River have been found in waters with bottom velocities 
ranging from 0.17 to 0.51 ft per second (0.05 and 0.15 m per second) 
and mid-column velocities reaching 1.95 ft per second (0.6 m per 
second) (Haglund and Baskin 2002, pp. 38-39). Haglund and Baskin (2003, 
pp. 39 and 53) concluded that there was no evident pattern in the 
locations Santa Ana suckers selected relative to water velocity and 
suggested that they preferentially seek out locations that provide the 
best combination of habitat parameters. In the Santa Ana River, Santa 
Ana suckers have been found in areas with water velocities of up to 2.4 
ft per second (0.74 m per second) where wastewater discharges and 
channelization of the river bed increase water velocity (Saiki 2000, 
pp. 18-19).
    Stream beds containing the mosaic of rock, cobble, and gravel 
preferred by Santa Ana suckers are most prevalent in the San Gabriel 
River (Saiki 2000, pp. 18-19). Within the Santa Ana River, shifting 
sands are the primary substrate constituent upstream of the Prado 
Basin. In the Santa Ana River bed, substrates containing at least 10 
percent gravel, cobble, and rock were documented for a distance of 7 mi 
(12.3 km) downstream from the Rialto Drain in 1999 and 2000 (Swift 
2001, pp. 4, 68-75). Habitat assessments conducted between 2006 and 
2008 indicated that these substrates fluctuated from 2.6 to 6.0 mi (4.2 
to 9.6 km) downstream of the Rialto Drain (Thompson et al. 2010, p. 
328).
    The distribution of Santa Ana suckers across streams varies 
depending upon bed conditions and stream depth. Santa Ana suckers 
within the San Gabriel River are often found mid-channel adjacent to 
submerged cobble, boulders, or manmade structures such as culverts. In 
the Santa Ana River where the streambed is sandier, they are rarely 
found mid-channel, but rather adjacent to shoreline areas near rooted 
vegetation (Saiki 2000, pp. 25, 27). Where preferred habitat conditions 
are absent, Santa Ana suckers make use of available habitats that 
provide some of the same functions provided by preferred habitats 
(Saiki 2000, p. 19).
    The distribution of Santa Ana suckers is also likely dependent on 
instream gradient. While several authors have acknowledged that this 
species cannot access high gradient areas, we are not aware of any 
research quantifying the maximum slope passable by Santa Ana suckers. 
In an attempt to estimate the maximum slope passable by the species, we 
used GIS to analyze the slopes associated with Santa Ana sucker 
occurrence polygons and points in our database for the Santa Ana River, 
San Gabriel River, and Big Tujunga Creek. Based on our analysis, Santa 
Ana suckers have not been found in areas where the instream slope 
exceeds 7 degrees. This could be due to the species' inability to swim 
up these higher gradients or due to the lack of suitable habitat in 
these areas as a result of higher water velocity and a subsequent lack 
of suitable spawning and feeding substrates or both. Also, the 
probability of encountering vertical barriers (such as waterfalls) 
increases as the overall slope across a given distance increases; 
therefore, even if habitat is suitable upstream, it may be inaccessible 
to the species. However,

[[Page 77967]]

more extensive analysis is needed to determine the gradient limitations 
of the species.
    A comparative analysis of suckers within the Santa Ana and San 
Gabriel Rivers revealed that only two cohorts are generally present 
within the Santa Ana River, compared with three in the San Gabriel 
River, indicating that few individual suckers live beyond their second 
year of life in the Santa Ana River (Saiki 2000, p. 13). No 
investigations have occurred to determine the relative lifespan or 
fecundity of Santa Ana suckers as they relate to habitat conditions. 
However, overall habitat conditions for Santa Ana suckers are generally 
better in the San Gabriel River than in the Santa Ana River, which is 
reflected in the overall greater abundance of fish and their better 
body condition in the San Gabriel River (Saiki 2000, pp. 18-28).

Food, Water, Air, Light, Minerals, or Other Nutritional or 
Physiological Requirements

    Suckers (Family Catostomidae) are primarily bottom feeders, sucking 
up algae, small invertebrates, and organic detritus from gravel, 
cobble, rock, and other hard surfaces (Moyle 2002, p. 179). Forage for 
adult Santa Ana suckers is also found in pools (Allen 2003, p. 6). 
Riparian vegetation and emergent aquatic vegetation provide additional 
sources of detritus and aquatic invertebrates such as insects (Leidy et 
al. 2001, p. 5-2). Insects may provide a high energy source of food for 
adult Santa Ana suckers (Saiki 2000, p. 23). In a comparative analysis 
of Santa Ana suckers in the Santa Ana and San Gabriel Rivers, Saiki 
(2000, pp. 27, 98) found that body condition (length-weight 
relationship) of Santa Ana suckers in the San Gabriel River was better 
than that of fish in the Santa Ana River, possibly due to a greater 
abundance of food resources (including algae and insects) found on the 
rocky substrate in the San Gabriel River relative to the sandy 
substrate in the Santa Ana River.
    Although the specific tolerances to water quality variables have 
not been evaluated for Santa Ana sucker, water temperature, dissolved 
oxygen content, and turbidity (such as excessive detritus in the water 
column or protracted suspension of fine-grained sediments) are all 
important aspects of water quality that affect the physiology of fish 
(California Regional Water Quality Control Board (CRWQCB) 1995, pp. 4-
1--4-15). This species has been found in waters between 59 and 82 
[deg]F (15 and 28 [deg]C) in the Santa Ana River (Swift 2001, p. 18). 
Swift (2001, p. 34) states that although a lethal limit for water 
temperature is unknown, water temperatures much above 86 [deg]F (30 
[deg]C) likely limit distribution and movement of this species. Santa 
Ana suckers are generally more abundant in the cooler waters of the San 
Gabriel River than they are in the warmer waters of the Santa Ana River 
(Saiki 2000, pp. 27-28). Researchers conclude that in addition to 
having poor habitat conditions such as sandy substrate and lack of 
instream cover, areas of the Santa Ana River may be devoid of Santa Ana 
suckers due to higher water temperatures (Chadwick and Associates, Inc. 
1992, p. 37).
    Adequate dissolved oxygen is necessary for aquatic life and as 
water warms, its concentration of dissolved oxygen drops, stressing 
fish (CRWQCB 1995, p. 4-3). In general, waters occupied by Santa Ana 
suckers are high in dissolved oxygen (Saiki 2000, pp. 18-19).
    Santa Ana suckers are more abundant in clear rather than in turbid 
(cloudy or hazy) water conditions (Saiki 2000, pp. 28, 52; 2007, p. 
95). This is most likely because suspended sediments interrupt light 
penetration through the water column, causing a reduction in algal 
growth and thus limiting the primary food source of Santa Ana sucker. 
However, while Santa Ana suckers likely avoid turbid waters when 
possible, they have been documented in turbid conditions on occasion 
(Haglund et al. 2002, p. 11). One measurement of turbidity is 
Nephelometric Turbidity Units (NTU), where turbidity level of 1.0 NTU 
equals 1 milligram of particulate per liter of water. Saiki et al. 
(2007, pp. 95-96) found that Santa Ana suckers were more abundant in 
the San Gabriel River where turbidity averaged 5.9 NTUs (ranging from 
4.3 to 8.2 NTUs), and less abundant but not absent in more turbid areas 
of the Santa Ana River where turbidity averaged 29 NTUs (ranging from 
10.1 to 83.4 NTUs). However, Santa Ana suckers have been found in the 
Santa Ana River in an area where turbidity was measured between 85 and 
112 NTUs (Baskin and Haglund 2001, p. 6). Saiki (2000, p. 25) 
speculates that fish occur under less-than-optimal ambient conditions 
because they are using whatever habitat is available to them and cites 
these conditions as a possible reason for reduced abundance of Santa 
Ana suckers in the Santa Ana River relative to their abundance in the 
San Gabriel River.
    Multiple wastewater treatment plants discharge into the Santa Ana 
River and its tributaries and account for most of the dry-season flows 
within the river (CRWQCB 1995, pp. 1-7). The City of San Bernardino 
Municipal Water District's Rapid Infiltration and Extraction Facility, 
Rialto Treatment Plant, and the City of Riverside Regional Water 
Quality Control Plant all discharge into the Santa Ana River. As a 
result of rising groundwater, nonpoint source urban runoff, and these 
wastewater discharges, perennial flows are maintained from the vicinity 
of the Rialto Drain and downstream. Although these discharges contain 
contaminants not found in natural runoff, there is no evidence that the 
concentrations of regulated compounds found in Santa Ana suckers in 
this river exceed mean concentrations found in freshwater fish in other 
areas of the United States (Saiki 2000, p. 24). However, research has 
indicated that anthropogenic chemicals introduced into riverine systems 
may have lasting negative impacts on fish reproductive success (Service 
2008, p. 3). The specific impacts of residual chemicals in discharged 
treated wastewater (such as inorganic compounds, hydrocarbons, 
solvents, steroids, and hormones) are the subject of investigation for 
Santa Ana suckers (Service 2008, p. 2).

Cover or Shelter

    Instream emergent and overhanging riparian vegetation along the 
banks of stream courses provide shade, shelter, and cover for fry, 
juvenile, and adult Santa Ana suckers. Shading is very important to 
Santa Ana suckers that inhabit shallow waters because it reduces water 
temperatures during periods of high summer ambient temperatures. A 
complex stream system including tributaries that contain submerged 
boulders, deep pools, and undercut banks provides cover and shelter for 
juvenile and adult Santa Ana suckers (Saiki et al. 2007, p. 99; Moyle 
et al. 1995, p. 202). Tributaries may provide important shallow-water 
refugia for larvae and fry from larger, predatory fish and act as 
refugia for juvenile and adult Santa Ana suckers during storms.

Sites for Breeding, Reproduction, and Rearing (or Development) of 
Offspring

    Adult Santa Ana suckers spawn over gravel beds in flowing water 
(riffles) where the female deposits the eggs in fine gravel substrate. 
Substrate collected from two spawning locations in tributaries to the 
Santa Ana River consisted of gravel-sized particles ranging in diameter 
from 0.04 to 1.6 in (1.0 to 41.5 mm) (Haglund et al. 2001, p. 47). The 
presence of appropriately sized substrate allows for water flow around 
eggs to prevent sediment from depositing on and smothering the eggs. 
Eggs deposited on sand or silt are likely

[[Page 77968]]

to be washed downstream or be smothered. In addition to appropriate 
substrate, adequate water velocities are necessary to oxygenate eggs. 
Observations of Santa Ana sucker spawning have been reported in streams 
with bottom velocities of 0.65 and 0.77 ft per second (0.20 and 0.23 m 
per second) (Haglund et al. 2003, p. 63).
    Once emerged from the eggs, Santa Ana sucker larvae congregate in 
shallow, slow-moving waters from 1 to 5.5 in (3 to 14 cm) deep over 
very soft sand or mud substrate (Swift 2001, p. 17; Haglund et al. 
2002, pp. 69-71; Haglund et al. 2003, p. 11). This type of habitat is 
usually found along the margins of streams in proximity to emergent 
vegetation. Fry are found almost exclusively found in edgewater 
habitats over silt or sand in water depths of less than 7 in (17 cm) 
where there is little measurable flow; Haglund and Baskin (2003, p. 47) 
speculate this reduces access by larger predatory fish and, because 
shallow waters are warmer, may increase the growth rates of developing 
suckers. Juvenile fish move away from edgewater habitats and congregate 
at the interface of the almost-still waters at the adjacent bank-edge 
and the main stream flows (Swift 2001, pp. 17-18). By the end of their 
first summer, juvenile Santa Ana suckers move into deeper water 
habitats with adults, presumably because they are large enough to 
compete with adult suckers for forage (Swift 2001, p. 18).
    Tributaries may provide essential spawning habitat for the Santa 
Ana sucker, particularly in the Santa Ana River (Chadwick and 
Associates, Inc. 1992, p. 49; Chadwick Ecological Consultants, Inc. 
1996, p. 16; Haglund et al. 2002, pp. 54-60). An abundance of juvenile 
fish has been recorded in multiple tributaries in the Santa Ana River 
(such as the Tequesquite Arroyo and the Evans and Anza drains), and, 
hence, these have been considered possible spawning sites (Chadwick and 
Associates, Inc. 1992, p. 49). However, Swift (2001, p. 26) concluded 
that the species may be attracted to tributaries due to the relatively 
colder water temperatures found there. He stated that most tributaries 
to the Santa Ana River lack either suitable substrates or water 
velocities to support successful spawning. Swift (2001, p. 26) 
considered that only the Rialto Drain and Sunnyslope Creek provided 
habitat conditions suitable to support spawning. These sites are two of 
the few remaining areas containing gravel beds, and management may be 
required to maintain substrate conditions over time (Orange County 
Water District (OCWD) 2009, pp. 6-4--6-5).
    In the hydrologically altered systems in which Santa Ana suckers 
exist, tributaries provide another essential function through 
contribution of water and coarse sediments into the mainstem of rivers. 
In typical unaltered stream systems periodic high flow events not only 
remove fine sand and silt that have covered up coarse sediments that 
are essential for breeding and foraging of Santa Ana sucker, they also 
deliver and replenish coarse sediments (i.e., gravel and cobble) to 
occupied areas from upstream sources. Historical records indicate that 
the upper Santa Ana River above Seven Oaks Dam was a principle 
contributor of sediment to the lower reaches of the Santa Ana River 
(Humphrey et al. 2004, p. 3). However, much of the input of gravel and 
cobble substrate to the lower reaches of the river has decreased since 
the construction and operation of the Seven Oaks Dam in the upper Santa 
Ana River. Therefore, tributaries are of even greater importance to 
ensure flow velocities that clear out silt and other fine sediments 
from occupied areas, and to replenish essential coarse sediment to the 
lower reaches of the Santa Ana River. A sediment transport study of the 
Santa Ana River (Humphrey et al. 2004, p. 2) indicates that 
historically the upper Santa Ana River (above Seven Oaks Dam), City 
Creek, Plunge Creek, and Mill Creek were significant contributors of 
coarse sediment to the occupied reaches of the Santa Ana River. 
However, currently City Creek and Mill Creek are the remaining 
contributors of coarse sediment into the occupied reaches of the Santa 
Ana River since the coarse sediment that was historically delivered by 
the upper Santa Ana River has been trapped behind Seven Oaks Dam and 
Plunge Creek now contains a settling basin that has been modified for 
mining. Therefore, these two tributaries are the only remaining 
significant sources of essential coarse sediment into the mainstem of 
the Santa Ana River below the Seven Oaks Dam, which supplies coarse 
sediment downstream to the occupied reaches of the river.
    Presumably there has been a reduction in transported cobble and 
gravel from the upper Santa Ana River because periodic high flow events 
have been controlled by Seven Oaks Dam, which has also trapped coarse 
sediment behind it. However, there has not been a similar reduction in 
fine sediments, such as silt and sand, to the lower reaches of the 
Santa Ana River (Humphrey et al. 2004, p. 5; Warrick and Rubin 2007, p. 
3). Gravel and cobbles are essential coarse sediments for Santa Ana 
sucker spawning habitat (Moyle 2002, pp. 182-185). Fine sand and silt 
may be deposited on top of suitable coarse spawning sediment because 
flows have declined due to the altered fluvial process in the Santa Ana 
River. Tributaries and lower order streams (upstream areas) provide a 
source of water and coarse sediments that are transported downstream 
(to higher order streams) where the presence of water and coarse 
sediments are essential to the conservation of the species. Therefore, 
flows to clear out fine sand and silt from suitable spawning substrate 
(i.e., gravel and cobble) and flows to transport suitable materials 
from upstream sources for maintenance of spawning substrate are 
essential to the conservation of Santa Ana sucker.
    In the Santa Ana River, Humphrey et al. (2004, p. 7) states a 
critical flow of water of 4,000 cubic feet per second (cfs) or more is 
necessary to transport gravel and cobbles downstream and lower velocity 
flows (500-4,000 cfs) have the ability to move silt and other fine 
sediment that accumulates on top of suitable spawning substrates. The 
critical velocity necessary to move gravel and cobbles is variable 
depending on the conditions and location within the system. For 
example, during a test release of water from behind Seven Oaks Dam of 
approximately 2,500 cfs, boulder-sized rocks were observed moving 
within several hundred feet of the plunge pool (Wood 2010, pers. 
comm.). United States Geological Survey gauging stations along the 
Santa Ana River and City Creek indicate that there are flows sufficient 
to clear out fine sand and silt, and also flows that reach 
approximately 4,000 cfs and above that would deliver essential gravel 
and cobble substrates from upstream sources to downstream to occupied 
areas. These coarse sediments are a component of the physical and 
biological features essential to the conservation of the species (see 
Primary Constituent Elements for the Santa Ana Sucker below). In all 
three of the watersheds where Santa Ana sucker persists, the existence 
of dams has regulated flows and trapped sediments from being 
transported downstream. Therefore, sources of water and coarse 
sediments and the transport of these materials to occupied areas to 
create and maintain habitat conditions suitable for Santa Ana sucker 
breeding and foraging within these tributaries and lower order streams 
is essential to the conservation of the species.

[[Page 77969]]

Primary Constituent Elements (PCEs) for Santa Ana Sucker

    Under the Act and its implementing regulations, we are required to 
identify the physical and biological features within the geographical 
area occupied by Santa Ana sucker at the time of listing that are 
essential to the conservation of the species and which may require 
special management considerations or protection. The physical and 
biological features are those PCEs laid out in a specific spatial 
arrangement and quantity determined to be essential to the conservation 
of the species. We are designating critical habitat in areas within the 
geographical area that were occupied by the species at the time of 
listing that continue to be occupied, and that contain the PCEs in the 
quantity and spatial arrangement to support life-history functions 
essential to the conservation of the species. We are also designating 
areas outside the geographical area occupied by the species at the time 
of listing that are not occupied but are essential for the conservation 
of the species. See Criteria Used To Identify Critical Habitat section 
below for a discussion of the species' geographic range.
    We believe conservation of Santa Ana sucker is dependent upon 
multiple factors, including the conservation and management of areas to 
maintain suitable ecological functions where existing populations 
survive and reproduce. The areas we are designating as critical habitat 
provide some or all of the physical or biological features essential 
for the conservation of this species. Based on the best available 
information, the PCEs essential to the conservation of Santa Ana sucker 
are the following:
    1. A functioning hydrological system within the historical 
geographic range of Santa Ana sucker that experiences peaks and ebbs in 
the water volume (either naturally or regulated) that encompasses areas 
that provide or contain sources of water and coarse sediment necessary 
to maintain all life stages of the species, including adults, 
juveniles, larvae, and eggs, in the riverine environment;
    2. Stream channel substrate consisting of a mosaic of loose sand, 
gravel, cobble, and boulder substrates in a series of riffles, runs, 
pools, and shallow sandy stream margins necessary to maintain various 
life stages of the species, including adults, juveniles, larvae, and 
eggs, in the riverine environment;
    3. Water depths greater than 1.2 in (3 cm) and bottom water 
velocities greater than 0.01 ft per second (0.03 m per second);
    4. Clear or only occasionally turbid water;
    5. Water temperatures less than 86 [deg]F (30 [deg]C);
    6. Instream habitat that includes food sources (such as 
zooplankton, phytoplankton, and aquatic invertebrates), and associated 
vegetation such as aquatic emergent vegetation and adjacent riparian 
vegetation to provide: (a) Shading to reduce water temperature when 
ambient temperatures are high, (b) shelter during periods of high water 
velocity, and (c) protective cover from predators; and
    7. Areas within perennial stream courses that may be periodically 
dewatered, but that serve as connective corridors between occupied or 
seasonally occupied habitat and through which the species may move when 
the habitat is wetted.
    All occupied units designated as critical habitat contain the PCEs 
in the appropriate quantity and spatial arrangement essential to the 
conservation of this species and support multiple life processes for 
Santa Ana sucker.

Special Management Considerations or Protection

    When designating critical habitat, we assess whether the specific 
areas within the geographical area occupied by the species at the time 
of listing contain the physical and biological features that are 
essential to the conservation of the species and may require special 
management considerations or protection.
    All areas included in this final critical habitat designation will 
require some level of management to address the current and future 
threats to the physical and biological features essential to the 
conservation of Santa Ana sucker. Special management considerations or 
protection may be required to minimize habitat destruction, 
degradation, and fragmentation associated with the following threats, 
among others: Water diversion; alteration of stream channels and 
watersheds; reduction of water quantity associated with urban 
development and human recreational activities, including swimming, and 
construction and operation of golf courses; and OHV use. For discussion 
of the threats to Santa Ana sucker and its habitat, please see the 
Summary of Comments and Recommendations and Summary of Factors 
Affecting the Species sections of the final listing rule (65 FR 19686; 
April 12, 2000) and the Public Comments and Critical Habitat Unit 
Descriptions sections of the 2005 final critical habitat rule (70 FR 
425; January 4, 2005). Please also see Critical Habitat Units section 
below for a discussion of the threats in each critical habitat unit.
    In addition to the threats to Santa Ana sucker and its habitat 
described in the final listing and previous critical habitat rules, the 
physical and biological features essential to the conservation of Santa 
Ana sucker may require special management considerations or protection 
to minimize habitat destruction, degradation, and fragmentation 
associated with the construction of dams, the operation of recreational 
residences, the construction of road crossings and bridges across 
waterways, nonnative vegetation and predators, the impacts of wildfires 
to riparian and instream conditions, and the degradation of water 
quality.

Recreational Dams

    Artificial manmade dams are often constructed from boulders, logs, 
and trash to create pools within these rivers for fishing, swimming, 
wading, and bathing (Ally 2003, p. 1; Chambers Group 2004, p. 6-4). The 
construction of these ``recreational'' dams degrades instream and 
possibly bank habitat, increases turbidity (PCE 4), disrupts sediment 
transport, and impedes upstream movement of Santa Ana suckers, 
especially during droughts (Ally 2003, pp. 1-3), thereby fragmenting 
habitat connectivity within occupied habitat. During the spawning 
season, these dams cause instream disruptions that can bury gravel beds 
(PCE 2) used for spawning (Ally 2003, p. 1). Recreational dams can also 
further degrade habitat by slowing water velocities (PCE 3), increasing 
water temperatures (PCE 5), and encouraging excessive growth of algae 
(Ally 2003, p. 3). In addition, presumably, because water depths 
increase and velocities decrease, these areas may harbor nonnative 
predators. Management activities that could ameliorate these threats 
include patrolling by enforcement officers or rangers throughout the 
accessible recreational areas within the critical habitat designation. 
Prevention of recreational dams will help protect the PCEs by ensuring 
the hydrologic system continues to function (PCE 1) by delivering cool, 
clear water with sufficient food sources (PCEs 2 through 6) that are 
essential to the conservation of Santa Ana sucker.

Recreational Residences

    The U.S. Forest Service (USFS) issues special use permits for the 
operation and maintenance of private recreational residences within the 
boundaries of the

[[Page 77970]]

Angeles National Forest along Big Tujunga Creek and the North and West 
Forks of the San Gabriel River. Improperly functioning septic systems 
at these residences can degrade water quality conditions by increasing 
water turbidity (PCE 4) as a result of the increased nutrient loads in 
the water (USFS 2007, p. 18), which lead to excessive algal growth. 
Management activities that could ameliorate these threats include 
limiting the number of allowable recreational residences and requiring 
that septic systems are properly functioning within areas that are 
hydrologically connected to areas designated as critical habitat. 
Limiting the number of residences and ensuring the proper function of 
their septic systems will help protect PCE 4 by preventing additional 
nutrient loads from entering the water and increasing water turbidity 
(PCE 4) to the detriment of Santa Ana sucker.

Road Crossings and Bridges

    Road crossings and bridges constructed across waterways can impact 
Santa Ana sucker by creating permanent or intermittent barriers to 
upstream movement and fragmenting connective corridors between areas of 
occupied habitat (PCE 7). Bridge footings and pier protections (such as 
concrete aprons that span the waterway) accelerate water velocities 
(PCE 3) and, in the absence of sediment in the water (PCE 2), scour 
sediments from the streambed immediately downstream. With sufficient 
scouring, the elevation of the downstream bed of the stream may become 
so low that Santa Ana suckers cannot swim upstream from that point; 
scouring can also create pools that favor predatory nonnative fish. 
Culverts constructed under road crossings can act as barriers to 
movement when a culvert becomes filled in with sediment, reducing the 
amount of water (PCE 1) and sediment (PCE 2) that could be transported 
downstream. Drop structures that function as a support for road 
crossings or bridges as a result of gradient changes within the river 
may also create a temporary barrier to water and sediment transport and 
Santa Ana sucker movement. The extent, however, to which these 
structures constitute barriers depends on the quantity of water flowing 
and sediment transport in a given year and over time. For example, 
sediment-filled culverts that create a barrier to movement one year may 
be passable in another year if high water flows remove trapped 
sediments. Road crossings and bridges can also impact the species by 
altering the hydrology of the system (PCE 1), rerouting water flow into 
less suitable habitat. Management activities that could ameliorate 
these threats include modifying culverts or drop structures to ensure 
the connective corridor is maintained through a gradient that is 
passable by water and sediment and Santa Ana suckers (i.e., 7 degrees 
as described in the Criteria Used To Identify Critical Habitat section) 
within the critical habitat designation. Maintenance of these corridors 
(PCE 7) and ensuring a passable gradient (PCE 1) will help protect the 
PCEs (2 through 5) that are essential to the conservation of Santa Ana 
sucker.

Water and Sediment Transport or Removal

    The transport of both water and sediment are essential components 
to the conservation of Santa Ana sucker (PCEs 1 through 5). The 
presence of sufficient water and appropriate sediment may be impacted 
by operations attributed, but not limited to, dams operation of 
hydroelectric power facilities, water diversion, sediment removal, or 
flood control activities. Natural flow regimes have inevitably been 
impacted in the Santa Ana River, Los Angeles River, and San Gabriel 
River basins as a result of alterations such as dams, diversions, 
channelization, or other flood control activities. The impacts to Santa 
Ana sucker and its habitat attributable to these activities have yet to 
be fully described or understood. However, as these activities 
continue, there appear to be impacts to Santa Ana sucker and its 
habitat through alteration of the hydrologic system and the function of 
the watershed as a whole. Recent research indicates that the presence 
of preferred substrates such as gravel and cobble in the Santa Ana 
River are less common at sites farther downstream compared to sites 
that are closer the Seven Oaks Dam (Thompson et al. 2010, p. 328). This 
is likely due to the presence of flowing water from the Rialto/RIX 
sewage treatment plant immediately upstream that clears out silt and 
fine sand and exposes gravel and cobbles; however, the flow diminishes 
downstream due to percolation. Therefore, in the occupied areas of the 
Santa Ana River, downstream areas contain less suitable habitat for 
Santa Ana sucker (Thompson et al. 2010, pp. 327-328).
    The extant populations of Santa Ana suckers throughout the species' 
range are currently isolated from one another as a result of water 
diversions or dams that have likely resulted in their exclusion from 
suitable spawning and rearing habitat (Service 2000, p. 19693). 
Management activities that could ameliorate these threats throughout 
the species' range include removing or preventing channelization and 
restoring the river with its natural substrates and riparian 
vegetation, increasing flows into occupied areas by decreasing the 
amount of water contained by dams or removed from the hydrologic 
system, preventing mining activities that remove coarse sediments, and 
preventing further instream modifications from flood control activities 
throughout the critical habitat designation. Maintenance of the natural 
flow (PCEs 3, 4, and 5) and sediment transport (PCE 2) will help 
protect the PCEs that are essential to the conservation of Santa Ana 
sucker.

Off-Highway or Off-Road Vehicles (OHVs)

    Throughout the designated critical habitat, OHV use occurs in 
authorized and unauthorized areas. We are aware of authorized OHV 
activity in the USFS's San Gabriel Canyon OHV Area at the junction of 
the East, North, and West Forks of the San Gabriel River. There have 
been reports of unauthorized OHV activity in the Santa Ana River, 
although the level of impact and frequency of use have not been 
quantified. However, the reach where the unauthorized OHV activities 
have been reported occurs just upstream of one of the remaining Santa 
Ana sucker populations (near Rialto/RIX; SAWPA 2010, p. 1-10). This 
area has recently been cleared of the nonnative plant, Arundo donax, 
which may have facilitated access for OHVs. The use of the river as an 
OHV recreational area may result in adverse effects to Santa Ana sucker 
by increasing turbidity (PCE 4); disrupting the physical structure of 
habitat for spawning, resting, and feeding (PCE 2); and introducing 
pollutants (such as oil and gas) into streams (PCE 4) (65 FR 19686; 
April 12, 2000). Management activities that could ameliorate these 
threats include patrolling by enforcement officers or rangers 
throughout the accessible recreational areas, providing signage to 
discourage access, or installing fencing where access is unauthorized 
within the critical habitat designation. Minimizing the impacts to the 
hydrologic system (PCE 1) and reducing the instream impacts (i.e., 
increased turbidity (PCEs 2 and 4)) and impacts to instream and 
riparian vegetation (PCE 6) attributed to OHVs will help protect the 
PCEs that are essential to the conservation of Santa Ana sucker.

[[Page 77971]]

Nonnative Vegetation and Nonnative Predators

    The presence of nonnative vegetation (such as Arundo donax) may 
alter the hydrology and provide habitat conditions preferred by 
nonnative predators (such as largemouth bass and green sunfish) in the 
Santa Ana River and Big Tujunga Creek, and possibly (but to a lesser 
degree) in the San Gabriel River. These impacts may include (but not be 
limited to) decreased flow rates (PCE 3), increased turbidity (PCE 4), 
increased presence of pools and lack of preferred habitat (PCE 2), and 
increased abundance of nonnative predators (Service unpublished 
information 2010b, pp. 24-25). However, these types of impacts would 
need to be evaluated within the context of potential threats to the 
Santa Ana sucker. If this potential threat is found to impact the 
species, management activities to ameliorate this threat could include 
removal of nonnative vegetation and predators.

Post-Wildfire Management

    The Station Fire of 2009 (described in more detail in Critical 
Habitat Units--Unit 3: Big Tujunga and Haines Creeks section below) may 
have long-lasting impacts to the Big Tujunga and Haines Creeks. These 
impacts may include (but not be limited to) increased debris-flow and 
flow velocity (PCEs 3 and 6) due to the lack of vegetation and 
increased run-off, increased turbidity (PCE 4) from the residual ash in 
the area and increased flow speeds, and possible residual contaminants 
entering the system as a result of the firefighting retardant chemicals 
which can alter water chemistry. The loss of riparian vegetation is 
likely to increase water temperature in the river due to the lack of 
shading available to instream habitats (USFS 2009, pp. 5-6). Management 
activities that could ameliorate these threats include revegetation of 
upland and riparian areas to stabilize hillsides and riparian zones to 
prevent erosion, and removal of large debris within the critical 
habitat designation before winter rains commence. Revegetation of 
upland and riparian areas will decrease debris flow and stabilize soils 
(PCEs 2, 4, and 6), which will help protect the PCEs that are essential 
to the conservation of Santa Ana sucker.

Water Quality Degradation

    Although specific water quality tolerances have not been evaluated 
for Santa Ana sucker, elevated water temperature, diminished dissolved, 
oxygen, elevated turbidity, elevated specific conductance, and presence 
of certain chemicals (such as pharmaceuticals or endocrine disrupting 
compounds) from treated wastewater may impact Santa Ana sucker. These 
impacts may affect the physical and biological features essential to 
the conservation of the Santa Ana sucker and may include (but not be 
limited to) increased water temperatures (PCE 5), increased turbidity 
(PCE 4), and changes in instream food sources (PCE 6) that may have 
long-lasting effects on individual and population growth (reproductive 
success) and other normal behaviors. Management activities that could 
ameliorate these threats include identification of thresholds and 
tolerance levels specifically for Santa Ana sucker, implementation of 
water quality standards or regulations throughout its range, and 
minimization of discharges of harmful chemicals into the watersheds. 
Water quality regulations that address Santa Ana sucker's water quality 
requirements (PCEs 4, 5, and 6) will help protect the PCEs that are 
essential to the conservation of Santa Ana sucker.

Criteria Used To Identify Critical Habitat

    As required by section 4(b) of the Act, we used the best scientific 
and commercial data available to designate critical habitat. We only 
designate areas outside the geographical area occupied by a species 
when a designation limited to its present range would be inadequate to 
ensure the conservation of the species (50 CFR 424.12(e)).
    At the time Santa Ana sucker was listed in 2000, the geographical 
area occupied by the species was considered to include the Los Angeles, 
San Gabriel, and Santa Ana River basins (65 FR 19686; April 12, 2000). 
The listing rule details survey results that identify the following 
areas in each river basin as being within the geographical range 
occupied by the species: (1) The Santa Ana River basin including the 
Santa Ana River below Prado Dam, the Santa Ana River above Prado Dam to 
the City of Riverside, and the following tributaries: Tequesquite 
Arroyo, Sunnyslope Channel, and Anza Park Drain; (2) the San Gabriel 
River basin, including the West, North, and East forks of the San 
Gabriel River and Bear [Canyon] Creek, which is a tributary of the West 
Fork of the San Gabriel River; and (3) the Los Angeles River basin, 
including Big Tujunga Creek, between Big Tujunga Dam and Hansen Dam, 
and Haines Creek.
    For the purposes of this final revised critical habitat designation 
for Santa Ana sucker, the geographical area occupied by the species at 
the time of listing is defined to include those areas specifically 
identified in the listing rule (65 FR 19686; April 12, 2000), and the 
following additional areas not specifically identified in the listing 
rule but documented to be occupied at the time of listing and 
documented to be currently occupied: (1) In the Santa Ana River system: 
Rialto Drain; and (2) in the San Gabriel River system: Big Mermaids 
Canyon Creek, West Fork of Bear Creek, Bichota Canyon Creek, Cattle 
Canyon Creek, and Cow Canyon Creek. The following areas were not 
specifically identified in the listing rule and are not currently 
occupied; they are therefore considered outside the geographical area 
occupied by the species at the time of listing: the upper Santa Ana 
River watershed, including City and Mill Creeks and the Santa Ana River 
(above La Cadena Drive in San Bernardino County to above Seven Oaks 
Dam), and the following three tributaries to Big Tujunga Creek: Gold 
Canyon, Delta Canyon, and Stone Canyon Creeks.
    We are including in this final critical habitat designation all 
areas within the geographical area occupied by the listed Santa Ana 
sucker at the time of listing that also meet Criteria 1 through 3 
below. These areas are all currently occupied. We are also including 
areas in this final critical habitat designation that were not within 
the geographical area occupied by the species at the time of listing 
and are not currently occupied but that are essential for the 
conservation of the species under Criteria 4 through 7 below. This 
final revised rule updates our 2005 final critical habitat designation 
for Santa Ana sucker with the best available data. For some areas that 
were analyzed in 2005, we have new information that led us to either 
add or remove an area from the proposed revised critical habitat 
designation and subsequently from this final rule.
    For areas within the geographical area occupied by the species at 
the time of listing, we delineated critical habitat unit boundaries 
using the following steps:
    1. We mapped historical and current digital occurrence data for 
Santa Ana sucker in the form of polygons and points on the digital 
aerial photography using ArcMap 9.3.1 (ESRI 2009). Areas between 
occupancy polygons or points were assumed to be occupied if there are 
no significant instream barriers (such as dams, culverts, or drop 
structures) preventing further movement between occupied stream 
sections. We utilized imagery acquired in Spring 2008 at 1-ft (0.33-m) 
resolution for the

[[Page 77972]]

Santa Ana River Unit in Riverside County and imagery acquired in 
January 2006 at 1-ft (0.33-m) resolution for the San Gabriel and Big 
Tujunga units provided by the U.S. Geological Survey. We also utilized 
imagery acquired in Spring 2005 at 3.25-ft (1-m) resolution provided by 
the National Aerial Imagery Program (NAIP) for the Santa Ana River Unit 
in Orange County. The resolution of the imagery allowed us to detect 
the presence of instream barriers.
    We recognize that the historical and recent collection records for 
this species are incomplete. River segments or small tributaries not 
included in this final designation may harbor small populations of 
Santa Ana sucker or may become occupied in the future.
    2. Using aerial imagery, we delineated the lateral extent (width) 
of the final revised critical habitat associated with occupied areas to 
include areas that provide sufficient riverine and associated 
floodplain area for breeding, feeding, and sheltering of adult and 
juvenile Santa Ana suckers and for the habitat needs of larval stage 
fish. Given the dynamic nature of these streams and the seasonal 
variation of the quantity of flow and the location of stream channels 
in any given year, we delineated the lateral extent of the final 
revised critical habitat to encompass the entire floodplain up to the 
upper limit of riparian vegetation or to the edge of a permanent 
barrier (such as a levee). Areas within the lateral extent exhibit the 
PCEs because they contain: (a) A functioning hydrological system 
characterized by peaks and ebbs in the water volume that encompasses 
areas that provide or contain sources of water and coarse sediment (PCE 
1); (b) complex channels (such as alluvial fans and braided channels) 
and a mosaic of loose sand, gravel, cobble, and boulder substrates in a 
series of riffles, runs, pools, and shallow sandy stream margins (PCE 
2); and (c) adjacent riparian vegetation (PCE 6).
    The presence of PCEs may be seasonally variable and sporadic in 
distribution because of the dynamic nature of these streams and 
seasonal variation of flows in these streams throughout the year. Areas 
that may be seasonally lacking in PCEs and contain marginal habitat 
were included if they are contiguous with areas containing one or more 
of the PCEs and contribute to the hydrologic and geologic processes 
essential to the ecological function of the system. These areas are 
essential to maintain connectivity (PCE 7) within populations, allow 
for species movement throughout the course of a given year, and allow 
for population expansion.
    3. Using aerial imagery, we delineated the upstream and downstream 
extents of the final revised critical habitat for areas within the 
geographical area occupied at the time of listing using the nearest 
occurrence polygon or point to either the point of a natural or manmade 
barrier or to the point where the instream gradient exceeds a 7 degree 
slope, either of which would prevent further movement of Santa Ana 
sucker. While several authors have acknowledged that this species 
cannot access high-gradient areas, we are not aware of any research 
quantifying the maximum slope passable by Santa Ana sucker. Therefore, 
in an attempt to estimate the maximum slope passable by the species, we 
used GIS to analyze the slopes associated with Santa Ana sucker 
occurrence polygons and points in our database for the Santa Ana River, 
San Gabriel River, and Big Tujunga Creek. Based on our analysis, Santa 
Ana suckers have not been found in areas where the instream slope 
exceeds 7 degrees. In the absence of additional research on this 
subject, we made the assumption that a slope of 7 degrees constitutes 
the maximum instream gradient passable by Santa Ana sucker and applied 
this assumption when delineating the upstream extent of the final 
revised critical habitat in the San Gabriel River system (Big Mermaids 
Canyon Creek, Bear Canyon Creek, West Fork of Bear Creek, Bichota 
Canyon Creek, Cattle Canyon Creek, and Cow Canyon Creek).
    As discussed in the Physical and Biological Features section above, 
the absence of the species in these high-gradient areas could be due to 
the species' inability to swim up these higher gradients or due to the 
lack of suitable habitat in these areas as a result of higher water 
velocity and a subsequent lack of suitable spawning and feeding 
substrates or both. Therefore, we assume these high-gradient (greater 
than 7 degrees) areas do not contain the physical and biological 
features essential to the conservation of the species.
    4. For areas outside the geographical area occupied by the species 
at the time it was listed, we evaluated stream reaches to determine if 
additional occupied or unoccupied areas are essential for the 
conservation of this species and should be included in the final 
revised designation. We determined that certain areas outside the 
geographical area occupied by the species at the time it was listed are 
essential for the conservation of the species because they are areas 
that provide or contain sources of water and coarse sediment (PCE 1) 
necessary to maintain preferred substrate conditions (PCE 2) in 
occupied portions of the species' range.
    a. For the San Gabriel River, we determined that the areas within 
the geographical area occupied by the species at the time of listing 
and currently occupied are adequate for the conservation of the species 
based on our current understanding of the species' requirements. 
However, as discussed in the Critical Habitat section above, we 
recognize that designation of critical habitat may not include all 
habitat areas that we may eventually determine are necessary for the 
recovery of the species, and that for this reason, a critical habitat 
designation does not signal that habitat outside the designated area is 
unimportant or may not promote the recovery of the species.
    b. In the upper Santa Ana River Subunit (Subunit 1A), we determined 
that the following three areas outside the geographical area occupied 
by the species at the time of listing are essential for the 
conservation of the species: Mill Creek, City Creek, and the Santa Ana 
River from Tippecanoe Avenue to just below Seven Oaks Dam. Mill Creek 
has never been documented as being occupied by Santa Ana sucker. City 
Creek and the Santa Ana River above Tippecanoe Avenue are not currently 
occupied, but were historically occupied based on a 1982 California 
Natural Diversity Database record and a 1940 University of Michigan 
Museum of Zoology (UMMZ) Fish Collection database record, respectively.
    We determined that the Santa Ana River above Tippecanoe Avenue, 
Mill Creek, and City Creek are essential for the conservation of the 
species because they are areas that provide or contain sources of water 
and coarse sediment (PCE 1) that may be transported downstream and are 
necessary to maintain preferred substrate (PCE 2) conditions in 
occupied portions in the Santa Ana River. Using aerial imagery, we 
determined that the Santa Ana River above Tippecanoe Avenue, Mill 
Creek, and City Creek have large, unimpeded watersheds based on the 
following morphological characteristics: (i) A wide floodplain area; 
(ii) the presence of complex channels (such as braided channels); and 
(iii) a mosaic of loose sand, gravel, cobble, and boulder substrates in 
a series of riffles, runs, pools, and shallow sandy stream margins (PCE 
2). The area above Tippecanoe Avenue provides a source of water that is 
essential to the conservation of the species. Although the Seven Oaks 
Dam does regulate the flow of water downstream, it cannot

[[Page 77973]]

operate as a water holding or conservation facility without further 
consultation (Service 2002, p. 5; CRWQCB 2009, p. 24), and water must 
be passed through the dam. Water released from the dam is most 
important when winter storm water is transported downstream in high 
quantity and velocity. These flow events allow the river to meander 
through the floodplain and expose buried gravel and cobbles that are 
essential to the conservation of Santa Ana sucker. Given the extent to 
which the hydrology and the habitat of the occupied section of the 
Santa Ana River have been altered and degraded due to the construction 
and operation of flood control structures (such as Prado and Seven Oaks 
Dams) and operation of water treatment facilities, maintenance of the 
Santa Ana River (including areas above Tippecanoe Avenue), City Creek, 
and Mill Creek as pathways to transport storm and stream waters (PCE 1) 
and sediments necessary to maintain preferred substrates (PCE 2) to 
occupied portions of the Santa Ana River is essential for the 
conservation of the species.
    c. In Big Tujunga Creek, we determined that the following 
unoccupied areas outside the geographical area occupied by the species 
at the time of listing are essential for the conservation of the 
species: Gold Canyon, Delta Canyon, and Stone Canyon Creeks. These 
areas provide sufficient quantities of stream and storm waters (PCE 1) 
necessary to transport sediments to maintain preferred substrate (PCE 
2) conditions in occupied portions in Big Tujunga Creek. Using aerial 
imagery, we determined that Gold Canyon, Delta Canyon, and Stone Canyon 
Creeks have large, unimpeded watersheds flowing into Big Tujunga Creek, 
based on the following morphological characteristics: (i) A wide 
floodplain area; (ii) the presence of complex channels (such as braided 
channels); and (iii) a mosaic of loose sand, gravel, cobble, and 
boulder substrates in a series of riffles, runs, pools, and shallow 
sandy stream margins (PCE 2). Given the extent to which the hydrology 
and the habitat of the occupied section of Big Tujunga Creek have been 
altered and degraded due to the construction and operation of flood 
control structures, such as Big Tujunga and Hansen Dams, maintenance of 
Gold Canyon, Delta Canyon, and Stone Canyon Creeks as pathways to 
transport water (PCE 1) and sediments necessary to maintain preferred 
substrates (PCE 2) in Big Tujunga Creek is essential for the 
conservation of the species.
    While we are not aware of any surveys for Santa Ana sucker 
conducted in these creeks, based on our calculation of maximum slope 
(see Criterion 3 above), it appears that the slope of Delta Canyon and 
Stone Canyon Creeks from near their confluence with Big Tujunga Creek 
is likely too steep to be passable by Santa Ana sucker. The slope of 
Gold Canyon Creek from approximately 0.49 mi (0.8 km) upstream from its 
confluence with Big Tujunga Creek also appears to be too steep to be 
passable by Santa Ana sucker.
    5. Using aerial imagery, we delineated the lateral extent of final 
revised critical habitat in the Santa Ana River above Tippecanoe 
Avenue, and in City, Mill, Gold Canyon, Delta Canyon, and Stone Canyon 
Creeks, to include areas containing: (a) A wide floodplain area; (b) 
complex channels (such as alluvial fans and braided channels); and (c) 
a mosaic of loose sand, gravel, cobble, and boulder substrates in a 
series of riffles, runs, pools, and shallow sandy stream margins (PCE 
2) needed to provide stream and storm waters (PCE 1) necessary to 
transport sediments to maintain preferred substrate conditions (PCE 2) 
in the downstream occupied portions of the Santa Ana River and Big 
Tujunga Creek, respectively.
    6. We delineated the upstream limits of final revised critical 
habitat in the Santa Ana River above Tippecanoe Avenue, and in City, 
Mill, Gold Canyon, Delta Canyon, and Stone Canyon Creeks, by 
identifying the upstream origin of sediment transport in these 
tributaries to provide stream and storm waters (PCE 1) necessary to 
transport sediments to maintain preferred substrate conditions (PCE 2) 
in the downstream occupied portions of the Santa Ana River and Big 
Tujunga Creek, respectively. Using aerial imagery, we determined the 
origin of sediment transport in each creek to be the upstream area 
where complex channels (such as alluvial and braided channels) 
containing a mosaic of loose sand, gravel, cobble, and boulder 
substrates in a series of riffles, runs, pools, and shallow sandy 
stream margins (PCE 2) are visible.
    7. We delineated the upstream and downstream extents of the final 
revised critical habitat in historically occupied areas of City Creek 
and the Santa Ana River above Tippecanoe Avenue using the same 
methodology as described under Criterion 3 above by extending the 
boundary from the nearest occurrence polygon or point to either the 
point of a natural or manmade barrier or to the point where the 
instream gradient exceeds a 7 degree slope, either of which we have 
assumed prevents further movement of Santa Ana sucker.
    When determining critical habitat boundaries within this final 
rule, we made every effort to avoid including developed areas such as 
lands covered by buildings, pavement, and other structures because such 
lands lack physical and biological features for Santa Ana sucker. The 
scale of the maps we prepared under the parameters for publication 
within the Code of Federal Regulations may not reflect the exclusion of 
such developed lands. Any such lands inadvertently left inside critical 
habitat boundaries shown on the maps of this final rule are excluded by 
text in the rule and are not designated as critical habitat. Therefore, 
a Federal action involving these lands would not trigger section 7 
consultation with respect to critical habitat and the requirement of no 
adverse modification unless the specific action would affect the 
physical and biological features in the adjacent critical habitat.
    In summary, we are designating as critical habitat lands that we 
determined were occupied at the time of listing and contain sufficient 
physical and biological features to support life-history functions 
essential to the conservation of the species and lands outside the 
geographical area occupied at the time of listing that we determined 
are essential for the conservation of Santa Ana sucker.

Summary of Changes From Previously Designated Critical Habitat

    The areas designated as critical habitat in this final rule 
constitute a revision of the critical habitat for Santa Ana sucker we 
designated on January 4, 2005 (70 FR 425). In this revised rulemaking 
we:
    1. Refined the primary constituent elements (PCEs) to more 
accurately define the physical and biological features that are 
essential to the conservation of Santa Ana sucker;
    2. Revised criteria to more accurately identify critical habitat;
    3. Improved mapping methodology to more accurately define critical 
habitat boundaries and better represent areas that contain PCEs;
    4. Reevaluated areas considered for exclusion from critical habitat 
designation under section 4(b)(2) of the Act; and
    5. Added to, subtracted from, and revised those areas previously 
identified as essential to the conservation of Santa Ana sucker to 
accurately portray lands that meet the definition of critical habitat 
based on the best scientific data available. Table 1 provides an 
overview of the differences between 2004 and

[[Page 77974]]

2005 final critical habitat rules, 2009 proposed revised critical 
habitat, and this final critical habitat rule for Santa Ana sucker at 
the Unit and Subunit level.
    The areas identified in this final rule constitute a revision of 
the areas designated as critical habitat for Santa Ana sucker on 
January 4, 2005 (70 FR 425). In the 2005 final rule, we designated 
8,305 ac (3,361 ha) of critical habitat in Units 2 and 3 in Los Angeles 
County. In the 2005 final rule, we removed all of Subunit 1A (Northern 
Prado Basin; 3,535 ac (1,431 ha)) and Subunit 1B (Santa Ana Wash; 8,174 
ac (3,308 ha)) in San Bernardino County from the critical habitat 
designation (see below for additional discussion), and excluded the 
remainder of Unit 1 (which totaled 15,414 ac (6,238 ha)) in San 
Bernardino, Riverside, and Orange Counties under section 4(b)(2) of the 
Act.
    In the 2009 proposed revised rule, we proposed to designate a total 
of 9,605 ac (3,887 ha) in San Bernardino, Riverside, Orange, and Los 
Angeles Counties as critical habitat for Santa Ana sucker. In the 
subsequent document that made available the DEA (75 FR 38441; July 2, 
2010), we proposed to designate an additional 38 ac (15.38 ha) in 
Subunit 1A as critical habitat for Santa Ana sucker. In this final 
rule, we are designating a total of 9,331 ac (3,776 ha) in Los Angeles, 
Orange, San Bernardino, and Riverside Counties. Table 1 below outlines 
the changes in areas in each Unit or Subunit between the 2004 and 2005 
critical habitat designations and this revised critical habitat 
designation.

 Table 1--Changes Between the February 26, 2004, Critical Habitat Designation (2004 fCH); the January 4, 2005, Critical Habitat Designation (2005 fCH); the December 9, 2009, Proposed Critical
        Habitat Designation (2009 prCH); the July 2, 2010, Federal Register Document Making Available the DEA (2010 NOA); and This Final Revised Critical Habitat Designation (2010 fCH)
                                 [Values in this table may not sum due to rounding; * indicates area that was not included in the critical habitat designation]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                               2004 fCH                        2005 fCH                        2009 prCH                       2010 NOA                       2010 fCH
                                   -------------------------------------------------------------------------------------------------------------------------------------------------------------
              County                 Unit/     Area designated or    Unit/     Area designated or    Unit/     Area designated or    Unit/    Area designated or    Unit/    Area designated or
                                    subunit        essential        subunit        essential        subunit        essential        subunit        essential       subunit        essential
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Los Angeles.......................        3  3,655 ac (1,479 ha)..        3  2,540 ac (1,028 ha)..       3A  1,189 ac (481 ha)....       3A  1,189 ac (481 ha)...       3A  1,189 ac (481 ha)
                                                                                                         3B  44 ac (18 ha)........       3B  44 ac (18 ha).......       3B  44 ac (18 ha)
                                          2  5,765 ac (2,333 ha)..        2  5,765 ac (2,333 ha)..        2  1,000 ac (405 ha)....        2  1,000 ac (405 ha)...        2  1,000 ac (405 ha)
San Bernardino....................       1A  3,535 ac (1,431 ha)..                                       1A  1,900 ac (768 ha)....       1A  1,938 ac (784 ha)...       1A  1,559 ac (631 ha)
                                         1B  8,174 ac (3,308 ha)..
San Bernardino and Riverside......      N/A  N/A..................        1  15,414 ac (6,238 ha)*       1B  4,704 ac (1,903 ha)..       1B  4,704 ac (1,903 ha).       1B  4,771 ac (1,931 ha)
Riverside and Orange..............      N/A  N/A..................  .......  .....................       1C  767 ac (311 ha)......       1C  767 ac (311 ha).....       1C  767 ac (311 ha)
                                   -------------------------------------------------------------------------------------------------------------------------------------------------------------
    Total Designated..............  .......  21,129 ac (8,551 ha).  .......  8,305 ac (3,361 ha)..  .......  9,605 ac (3,887 ha)..  .......  9,643 ac (3,902 ha).  .......  9,331 ac (3,776 ha)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Summary of Changes From the 2005 Final Critical Habitat to This Final 
Critical Habitat Designation

    As described below, some areas designated in the 2005 final rule 
are not being designated as critical habitat in this final rule. Also, 
some areas are designated as critical habitat in this final rule that 
were not designated in the 2005 final rule because we have subsequently 
concluded that these areas are essential to the conservation of the 
species. These changes resulted in an overall addition of 1,026 ac (415 
ha) in this final rule compared to the January 4, 2005, final revised 
designation (70 FR 425) (Table 1). These differences primarily resulted 
from the following changes to all of the units included in this final 
revised critical habitat designation, as well as the unit-specific 
revisions discussed below.
    1. Enhanced resolution of aerial imagery allowed us to improve our 
mapping methodology to more accurately define the critical habitat 
boundaries and to better represent those areas that possess the 
physical and biological features essential to the conservation of the 
species. In the 2005 final rule, we used a 100-meter grid to delineate 
critical habitat. In this final rule, we delineated areas that contain 
the PCEs using current aerial imagery (see Criteria Used To Identify 
Critical Habitat section). This revised mapping method resulted in a 
significant overall decrease in the areas deemed essential and included 
in the final revised critical habitat boundaries. However, even with 
more refined mapping methods, we acknowledge the possibility that, due 
to mapping, data, and resource constraints, there may be some 
undeveloped areas mapped as critical habitat that do not contain the 
PCEs.
    2. We revised the criteria used to identify critical habitat in the 
Santa Ana River, the San Gabriel River, and Big Tujunga Creek. The 
revised criteria allowed us to more precisely delineate the upstream 
boundaries of areas determined to contain the physical and biological 
features essential to the conservation of the species. We described the 
criteria and methods we used to identify and delineate the areas that 
we are designating as critical habitat in more detail than we did in 
the 2005 critical habitat designation to ensure that the public better 
understands why the areas are being designated as critical habitat (see 
Criteria Used To Identify Critical Habitat section of this final rule 
for a detailed discussion).
    3. We reevaluated areas included in the 2005 final critical habitat 
designation to determine if those areas contain the physical and 
biological features essential to the conservation of Santa Ana sucker 
or are otherwise essential for the conservation of the species. As a 
result, some areas designated as Santa Ana sucker critical habitat in 
2005 were removed from the 2009 proposed revised rule and this final 
rule (as described below) because they do not contain the physical and 
biological features required by Santa Ana sucker and are not otherwise 
essential to the species' conservation.
    Major revisions in each unit include the following:

Unit 1: Santa Ana River (San Bernardino, Riverside, and Orange 
Counties)

    1. In the 2005 critical habitat rule, we excluded all of Unit 1 
(15,414 ac (6,238 ha)) from final critical habitat under section 
4(b)(2) of the Act. In this final rule, we are designating a total of 
5,535 ac (2,241 ha) as critical habitat in Subunits 1B and 1C, which 
correspond roughly to Unit 1 in the 2005 final rule and not excluding 
any areas under section 4(b)(2) of the Act. The 9,879-ac (3,998-ha) 
difference between the area identified as Unit 1 in the 2005 final rule 
and Subunits 1B and 1C in this final rule is primarily due to the 
following revisions:
    a. In the 2005 critical habitat rule, numerous tributaries and 
channels that drain into the Santa Ana River were

[[Page 77975]]

considered essential to the conservation of the species but excluded 
under section 4(b)(2) of the Act. In this final rule, we removed from 
Subunits 1B and 1C (the area roughly corresponding to Unit 1 in the 
2005 final rule) the following tributaries and channels because these 
areas do not contain the physical and biological features essential to 
the conservation of the species (from North to South):
     1.2 mi (1.9 km) urban drainage through Lake Evans;
     1.3 mi (2.1 km) urban drainage through Hole Lake;
     0.9 mi (1.4 km) urban drainage (north side of the Santa 
Ana River (SAR), east of Pedley);
     2.3 mi (3.7 km) urban drainage (north side of SAR, west of 
Pedley);
     1.0 mi (1.5 km) urban drainage up Lucretia Avenue;
     0.3 mi (0.47 km) urban drainage up Norco Rd. near 
California Rehabilitation Center;
     2.1 mi (3.4 km) of Temescal Wash north of Corona Municipal 
Airport;
     0.9 mi (1.5 km) urban drainage north of Temescal Wash; and
     1.0 mi (1.7 km) urban drainage south of Corona Municipal 
Airport.
    b. In the 2005 critical habitat rule, the Prado Basin where Chino 
and Temescal Creeks and the Santa Ana River converge was considered 
essential to the conservation of the species, but we excluded this area 
under section 4(b)(2) of the Act. In this final rule, we are not 
designating 4,476 ac (1,811 ha) of the Prado Basin where Chino and 
Temescal Creeks and the Santa Ana River converge because these areas do 
not contain the physical and biological features essential to the 
conservation of the species.
    2. In the 2005 critical habitat rule, we did not designate Subunit 
1B (Santa Ana Wash; 8,174 ac (3,308 ha)) as critical habitat because we 
determined this area to be ``nonessential.'' We revisited that 
determination in our 2009 proposed revised critical habitat rule and 
this final critical habitat designation and conclude that portions of 
the area identified as Subunit 1B in the 2005 rule are essential for 
the conservation of the Santa Ana sucker. We changed our conclusion 
because we believe the creeks and rivers in Subunit 1B provide stream 
and storm waters (PCE 1) required to transport sediments that are 
necessary to maintain preferred substrate (PCE 2) conditions in 
occupied portions of the Santa Ana River. These waters are critical to 
maintain habitat for populations of Santa Ana sucker in the Santa Ana 
River, one of only three geographical areas where the listed entity 
survives. Protecting existing habitat on which the Santa Ana River 
populations depend is essential for the recovery of this species. Based 
on our reevaluation of this area, we are designating 1,559 ac (631 ha) 
in City and Mill Creeks and the Santa Ana River (below Seven Oaks Dam) 
as part of Subunit 1A, which composed a portion of Subunit 1B in the 
2005 final rule. Some portions of the Santa Ana Wash area identified as 
part of Subunit 1B in the 2005 rule do not contain the physical and 
biological features essential to the conservation of the species and 
are not otherwise essential for the conservation of the Santa Ana 
sucker, and we have not included them as part of Subunit 1A.

Unit 2: San Gabriel River (Los Angeles County)

    1. In the 2005 critical habitat rule, we designated 5,765 ac (2,333 
ha) as critical habitat in Unit 2. In this final rule, we are 
designating 1,000 ac (405 ha) as critical habitat in Unit 2 (area 
corresponds roughly to Unit 2 in the 2005 final rule). The 4,765-ac 
(1,928-ha) reduction in Unit 2 from the 2005 final rule is primarily 
due to the following revisions:
    a. In this final rule, we removed the upstream sections of the 
following creeks/rivers (which were designated in the 2005 final rule), 
because our analysis indicates that the slope of these upstream 
sections exceeds 7 degrees; therefore, we determined these areas do not 
contain the physical and biological features essential to the 
conservation of the species (see Criterion 3 in the Criteria Used To 
Identify Critical Habitat section above for a detailed discussion of 
our slope calculations and assumptions):
     2.9 mi (4.60 km) of Big Mermaids Canyon Creek;
     0.5 mi (0.77 km) of Bear Canyon Creek;
     0.4 mi (0.60 km) of West Fork of Bear Creek;
     1.6 mi (2.61 km) of North Fork of the San Gabriel River;
     0.1 mi (0.19 km) of Bichota Canyon Creek;
     1.9 mi (3.07 km) of Cattle Canyon Creek; and
     0.3 mi (0.42 km) of Cow Canyon Creek.
    While these unoccupied upstream areas do provide pathways to 
transport water (PCE 1) and sediments necessary to maintain preferred 
substrates (PCE 2), we determined that the areas within the 
geographical area occupied by the species in the San Gabriel River at 
the time of listing and currently occupied are adequate for the 
conservation of the species in this portion of its range (see Criteria 
Used To Identify Critical Habitat above).
    b. In this final rule, we removed the entire extent of Shoemaker 
Canyon Creek (0.99 mi (1.59 km)) that was designated in the 2005 final 
rule because based on our calculations, the slope of this creek exceeds 
7 degrees; therefore, we determined this area does not contain the 
physical and biological features essential to the conservation of the 
species (see Criterion 3 in the Criteria Used To Identify Critical 
Habitat section above for a detailed discussion of our slope 
calculations and assumptions).
    c. In this final rule, we removed the entire extent of Burro Canyon 
Creek (0.74 mi (1.19 km)) that was designated in the 2005 final rule 
because habitat in this creek has been degraded due the operation of a 
mine upstream and does not contain the physical and biological features 
essential to the conservation of the species.
    2. We are extending the upstream boundary of the East Fork of the 
San Gabriel River approximately 0.85 mi (1.37 km) from the upstream end 
of an occurrence polygon to the point near the Bridge-of-No-Return. In 
the 2005 final rule, we acknowledged that this upstream area is 
essential to the conservation of Santa Ana sucker, but because the area 
had not been proposed as critical habitat or delineated on the map or 
the legal description for this unit, it was not included in the 2005 
final rule (70 FR 425; January 4, 2005).

Unit 3: Big Tujunga Creek (Los Angeles County)

    1. In the 2005 critical habitat rule, we designated 2,540 ac (1,028 
ha) as critical habitat in Unit 3. In this final rule, we are 
designating 1,233 ac (499 ha) as critical habitat in two subunits, 
Subunits 3A and 3B, which correspond roughly to Unit 3 in the 2005 
final rule. Subunit 3A contains the mainstem of Big Tujunga Creek from 
Hansen Dam to Big Tujunga Dam, and Subunit 3B contains three unoccupied 
tributaries to Big Tujunga Creek: Gold Canyon, Delta Canyon, and Stone 
Canyon Creeks. The 1,307-ac (529-ha) reduction in Unit 3 from the 2005 
final rule is primarily due to the following revisions:
    a. In this final rule, we removed an upstream 0.26-mi (0.42-km) 
section of Delta Canyon Creek (Subunit 3B) and an upstream 0.13-mi 
(0.21-km) section of Stone Canyon Creek (Subunit 3B), both designated 
in the 2005 final rule, because these areas appear to be above the 
origin of sediment transport in these creeks and not essential to the 
conservation of the species (see Criterion 7 in the Criteria Used To

[[Page 77976]]

Identify Critical Habitat section above for a discussion of origin of 
sediment transport).
    b. We are designating additional portions of Gold Canyon Creek 
(Subunit 3B) by extending the upstream boundary of critical habitat in 
the creek by approximately 0.29 mi (0.47 km) from the 2005 final 
critical habitat boundary to capture the upstream origin of sediment 
transport for this creek, an area we determined is essential for the 
conservation of the species (see Criterion 7 in the Criteria Used To 
Identify Critical Habitat section above for a discussion of origin of 
sediment transport).
    c. We are designating approximately 160 ac (65 ha) of the privately 
owned Angeles National Golf Club in Subunit 3A in this final rule. 
Specifically, we are designating only the alluvial floodplain and 
multiple low-flow channels that traverse the golf course. However, due 
to the scale of the habitat areas containing the PCEs within the golf 
course and the current GIS mapping techniques, we are unable to map 
precisely only those areas containing the physical and biological 
features essential to the conservation of the species. Therefore, the 
entire golf course is mapped as final critical habitat. Permanent 
structures and facilities associated with the golf course (such as 
buildings) and fairways and greens outside of the floodplain do not 
contain the PCEs and are therefore not considered critical habitat.
    The majority of the Angeles National Golf Club area was not 
included in the 2005 final critical habitat designation. However, this 
area includes the alluvial floodplain and multiple low-flow channels 
that traverse the golf course, and lies between the confluence of Big 
Tujunga and Haines Creeks. Stream flow and storm waters from Big 
Tujunga Creek transport sediments necessary to maintain preferred 
substrate conditions (PCE 2) within Haines Creek. These waters flow 
through the golf course on an irregular basis (i.e., in 2 of the 5 
years since the course was opened). Both creeks discharge into occupied 
habitat downstream, including the Big Tujunga Mitigation Bank, a 
conserved habitat area, which supports Santa Ana sucker and two other 
native fishes. Therefore, we believe this area contains the features 
essential to the conservation of the species because it provides for 
sediment transport (PCE 2) into the downstream conserved habitat area.

Summary of Changes From 2009 Proposed Critical Habitat to This Final 
Critical Habitat Designation

Unit 1: Santa Ana River (San Bernardino, Riverside, and Orange 
Counties)

    In the proposed critical habitat revision that published with the 
document that made available the DEA on July 2, 2010 (75 FR 38441), we 
added approximately 38 ac (15 ha) to Subunit 1A in a portion of Plunge 
Creek, a tributary of the Santa Ana River that is located in San 
Bernardino County upstream of the confluence of the Santa Ana River 
with City Creek, to serve as an area for possible reintroduction 
efforts. This area was proposed in response to public comment during 
the first comment period. Additionally, the portion of Subunit 1A 
located above Seven Oaks Dam was included in the 2009 proposed revised 
rule (74 FR 65056; December 9, 2009). In this final critical habitat 
designation, we conclude that these areas are not essential. We lack 
information indicating that these areas were historically occupied by 
the species and lack sufficient information to support a determination 
that these areas are needed for the species' recovery. In particular, 
we lack supporting information regarding the feasibility of introducing 
Santa Ana sucker at either location (such as water quality conditions, 
reliability of water flows, and presence of predatory and competing 
species). Furthermore, upstream movement of Santa Ana suckers from the 
Santa Ana River mainstem into Plunge Creek is precluded due to mining 
operations that make the habitat unsuitable for the fish (including a 
dry stretch of the creek), while such movement is also precluded into 
the upper Santa Ana River and Bear Creek because of the Seven Oaks Dam. 
Additionally, we lack a comprehensive conservation strategy for Santa 
Ana sucker. Therefore, we cannot conclude at this time that these areas 
are essential for the conservation of the species.
    As discussed in the Critical Habitat section below, because any 
designation of critical habitat may not include all habitat areas that 
we may eventually determine are necessary for the recovery of a 
species, this critical habitat designation should not signal that 
habitat outside the designated area is unimportant or may not promote 
the recovery of Santa Ana sucker (e.g., reintroduction sites). We plan 
to initiate development of a recovery plan in 2011, which may include 
the establishment of a recovery team that would seek the involvement of 
species experts, habitat experts, and stakeholders. We anticipate this 
recovery effort would evaluate the need for reintroduction and, if 
needed, evaluate these areas and other sites within the historical 
range of the species for potential recovery efforts.
    In the proposed revised critical habitat rule (74 FR 65056; 
December 9, 2009) and for the document that made available the DEA (75 
FR 38441; July 2, 2010), we misprinted area estimates of acreages by 
land owners in Unit 1. We have corrected this error, and acreages are 
correctly represented in Table 2 below and the textual descriptions of 
each Subunit in Unit 1 below.
    In the proposed revised critical habitat rule (74 FR 65056; 
December 9, 2009) and document making available the DEA (75 FR 38441; 
July 2, 2010), we evaluated areas considered for exclusion under 
section 4(b)(2) of the Act in the Santa Ana River that are covered by 
the Santa Ana Sucker Conservation Program (SAS Conservation Program) 
and the Western Riverside County MSHCP, including identifying whether 
or not these areas are or are going to be conserved and managed for the 
benefit of Santa Ana sucker. In this rule, we determined whether the 
areas were already conserved and managed for the benefit of Santa Ana 
sucker, and analyzed, under section 4(b)(2) of the Act, whether the 
benefits of exclusion from the critical habitat designation outweigh 
the benefits of including these areas.

Final Critical Habitat Designation

    We are designating three units as critical habitat for Santa Ana 
sucker. The critical habitat areas described below constitute our best 
assessment at this time of areas that meet the definition of critical 
habitat for Santa Ana sucker. Table 2 identifies the approximate area 
of each critical habitat unit by land ownership. These units replace 
the current critical habitat designation for Santa Ana sucker in 50 CFR 
17.95(e). The critical habitat areas we describe below constitute our 
best assessment of (1) areas determined to be within the geographical 
area occupied by the species at the time of listing that contain the 
physical and biological features essential to the conservation of the 
species and which may require special management considerations or 
protection, and (2) areas that are not within the geographical area 
occupied by the species at the time of listing but that are essential 
for the conservation of the species (see Criteria Used To Identify 
Critical Habitat section above for a discussion of geographical area).

[[Page 77977]]



              Table 2--Area Estimates (Acres (ac) and Hectares (ha)) and Land Ownership for Santa Ana Sucker Final Revised Critical Habitat
                                                   [Values in this table may not sum due to rounding]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Land ownership
                                                            ----------------------------------------------------------------------
       Critical habitat unit                 County                                      State or local                                  Total area
                                                                     Federal               government              Private
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Unit 1: Santa Ana River
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subunit 1A: Upper Santa Ana River..  San Bernardino........  74 ac.................  95 ac................  1,389 ac.............  1,559 ac
                                                             (30 ha)...............  (38 ha)..............  (562 ha).............  (631 ha)
Subunit 1B: Santa Ana River........  San Bernardino and      521 ac................  2,854 ac.............  1,396 ac.............  4,771 ac
                                      Riverside.             (211 ha)..............  (1,155 ha)...........  (565 ha).............  (1,931 ha)
Subunit 1C: Lower Santa Ana River..  Riverside and Orange..  0 ac..................  56 ac................  711 ac...............  767 ac
                                                             (0 ha)................  (23 ha)..............  (288 ac).............  (311 ha)
                                    --------------------------------------------------------------------------------------------------------------------
                                     Unit 1 Total..........  595 ac................  3,006 ac.............  3,496 ac.............  7,097 ac
                                                             (241ha)...............  (1,217ha)............  (1,4l5ha)............  (2,872ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Unit 2: San Gabriel River
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unit 2: San Gabriel River..........  Los Angeles...........  917 ac................  0 ac.................  83 ac................  1,000 ac
                                                             (371 ha)..............  (0 ha)...............  (34 ha)..............  (405 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Unit 3: Big Tujunga Creek
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subunit 3A: Big Tujunga and Haines   Los Angeles...........  242 ac................  0 ac.................  947 ac...............  1,189 ac
 Creeks.                                                     (98 ha)...............  (0 ha)...............  (383 ha).............  (481 ha)
Subunit 3B: Gold, Delta, and Stone   Los Angeles...........  44ac..................  0 ac.................  0 ac.................  44 ac
 Creeks.                                                     (18 ha)...............  (0 ha)...............  (0 ha)...............  (18 ha)
                                                            --------------------------------------------------------------------------------------------
                                     Unit 3 Total..........  286 ac................  0 ac.................  947 ac...............  1,233 ac
                                                             (116ha)...............  (0 ha)...............  (383 ha).............  (499 ha)
                                                            --------------------------------------------------------------------------------------------
                                     Total.................  1,798 ac..............  3,006 ac.............  4,526 ac.............  9,331 ac
                                                             (728 ha)..............  (1,217 ha)...........  (1,832 ha)...........  (3,776 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------

Critical Habitat Units

    Presented below are brief descriptions of all units and reasons why 
they meet the definition of critical habitat for Santa Ana sucker.

Unit 1: Santa Ana River

    Unit 1 is located in San Bernardino, Riverside, and Orange Counties 
and consists of three subunits totaling 7,097 ac (2,872 ha) of Federal 
(U.S. Army Corps of Engineers and USFS), local government, and private 
land (Table 2). The purpose of this unit is to independently support a 
population of Santa Ana sucker in a functioning hydrologic system that 
provides suitable water quality, supply, and coarse sediment. One 
currently unoccupied subunit (Subunit 1A) provides essential sources of 
water and coarse sediment to occupied portions of the unit.
Subunit 1A: Upper Santa Ana River
    Subunit 1A is located near the Cities of Highland, Mentone, and 
Redlands in San Bernardino County, California. This subunit includes: 7 
mi (12 km) of City Creek (measured from its confluence with the Santa 
Ana River), 12 mi (19 km) of Mill Creek (measured from its confluence 
with the Santa Ana River), and 10 mi (17 km) of the Santa Ana River 
from below the Seven Oaks Dam to near Tippecanoe Avenue. The lower 
portion of the Santa Ana River below its confluence with City and Mill 
Creek is adjacent to urban development, while the upstream portions of 
City Creek and Mill Creek are in the San Bernardino National Forest. 
Lands in this subunit are under Federal (USFS and Bureau of Land 
Management (BLM)) (74 ac (111 ha)), State/Local (95 ac (38 ha)), and 
private (1,389 ac (562 ha)) ownership (Table 2).
    Subunit 1A is outside the geographical area occupied by the species 
at the time of listing and is not currently occupied. While City Creek 
and the Santa Ana River above Tippecanoe Avenue are not currently 
occupied, these areas were historically occupied based on a 1982 
California Natural Diversity Database record and a 1940 University of 
Michigan Museum of Zoology Fish Collection (UMMZ) database record, 
respectively, and City Creek currently provides suitable habitat 
conditions for Santa Ana sucker (OCWD 2009, pp. 5-71-5-76). Mill Creek 
is not known to be historically or currently occupied and does not 
provide suitable habitat conditions for Santa Ana sucker; however, we 
determined this area to be essential for the conservation of the 
species because of the process of water and coarse sediment transport 
that it provides. The Santa Ana River above Tippecanoe Avenue, Mill 
Creek, and City Creek provide stream and storm waters (PCE 1) which are 
necessary to transport coarse sediments necessary to maintain preferred 
substrate (PCE 2) conditions in occupied portions in the Santa Ana 
River and we determined that these areas are essential for the 
conservation of the species because of the process of water and coarse 
sediment transport that they it provide. The creation and operation of 
Seven Oaks Dam has regulated water flow and impeded the transport of 
coarse sediment. However, because the operation of Seven Oaks Dam, in 
coordination with Prado Dam downstream, is currently permitted for 
flood control operations only (operations only regulate flows 
throughout the year in an effort to

[[Page 77978]]

prevent catastrophic flow events downstream) and not for water storage 
purposes (Service 2002, pp. 3-6), the flow of water through the dam 
still provides water necessary for occupied reaches of the Santa Ana 
River downstream. Storing water for the purpose of water conservation 
(i.e., diversions or storage for water sales) is not currently 
authorized, nor was proposed as a purpose for Seven Oaks Dam (Service 
2002, p. 5). Although there has recently been a CRWQCB decision to 
allow up to 200,000 acre-feet to be diverted from the Seven Oaks Dam 
reservoir, this potential action has not been evaluated or approved by 
the Federal agencies involved. The CRWQCB stated that water 
conservation operations will be the responsibility of the water agency 
and the appropriate Federal agencies will need to be consulted before 
water can be diverted for water conservation (i.e., sale) purposes 
(CRWQCB 2009, p. 23).
    As stated above, this subunit is relatively unmodified compared to 
the other subunits in this unit, with the exception of the upper Santa 
Ana River that contains Seven Oaks Dam and the lower portion of City 
Creek that is adjacent to urbanized areas. The critical habitat 
designated in this subunit is threatened by impacts associated with, 
but not limited to, water diversion, dams, operation of hydro-
electrical power facilities, or alteration of streambeds. We consider 
the magnitude of threats to be less severe than those in the lower 
watershed because the majority of the subunit is relatively unmodified 
and portions are within the San Bernardino National Forest. 
Nonetheless, we also recognize that active management and special 
management considerations or protection may be needed in this subunit 
(see Special Management Considerations or Protection section above).
    Although areas of the Santa Ana River above South La Cadena Drive 
and some of its associated tributaries generally dry during the summer, 
portions of the upper Santa Ana River system (within San Bernardino 
County) have a higher gradient and a greater percentage of gravel and 
cobble substrate than the occupied areas that are downstream (Warrick 
and Rubin 2007, pp. 1-2). Santa Ana suckers spawn over gravel 
substrates, where their eggs can adhere to gravel before hatching into 
larvae. Flood events or high winter flows from upstream areas annually 
replenish this coarse substrate and clean sand and silt from it 
(Kondolf 1997, pp. 533-535). Additionally, Santa Ana suckers feed by 
scraping algae, insects, and detritus from gravel and cobble. 
Therefore, the spawning and feeding substrates (gravel and cobble) 
which are replenished by upstream sources are essential to the 
reproductive ability and development of Santa Ana suckers in the 
downstream occupied reaches (Kondolf 1997, pp. 533-535, 536-537). The 
section of the Santa Ana River from above Tippecanoe Avenue in San 
Bernardino, City Creek, and Mill Creek (although not currently 
occupied) have become particularly essential for the conservation of 
the species since the Seven Oaks Dam has reduced the transport of 
coarse sediment and altered the natural flow in the downstream, 
occupied areas of the Santa Ana River. They are in fact the primary 
sources of coarse sediment in the upper Santa Ana River watershed (PCE 
2) and additionally are part of the Santa Ana River hydrologic system 
(PCE1), and assist in maintaining water quality (PCE 4) and temperature 
(PCE 5) to occupied reaches of the Santa Ana River; therefore, these 
areas are essential for the conservation of Santa Ana sucker (see Sites 
for Breeding, Reproduction, and Rearing (or Development) of Offspring 
section above).
    In our process of determining what areas meet the criteria of 
occupied critical habitat, it became apparent that habitat and 
hydrological modifications that have been occurring for many years in 
the Santa Ana River have decreased the areas suitable for occupation by 
the Santa Ana sucker (Moyle 2002, p. 184; Thompson et al. 2010, p. 
330). The presence of two large dams operating in coordination have 
altered and will continue to alter the flow of water and coarse 
sediments in the Santa Ana River (Chang 2000, p. 3) that are necessary 
for essential life cycle processes of Santa Ana sucker. Specifically, 
the models used to predict the transport of sediment throughout the 
Santa Ana River and surveys have confirmed that sediment has been 
significantly degraded in the Santa Ana River from the E Street USGS 
gauge (11059300) to the Metropolitan Water District crossing 
USGS gauge (11066460) and deposited above and below these 
areas (Humphrey et al. 2004, pp. 6-7). The deposition and degradation 
of sediments throughout the Santa Ana River will eventually level the 
gradient of the Santa Ana River between the Seven Oaks and Prado Dams. 
This ongoing process, which modifies and degrades the Santa Ana 
sucker's habitat, highlights the importance of designating areas that 
provide for essential processes, such as water and coarse sediment 
transport to occupied areas downstream. Therefore, we have determined 
that City Creek, Mill Creek, and the Santa Ana River above Tippecanoe 
Avenue are essential for the conservation of the species because they 
provide for essential processes, such as water and coarse sediment 
transport.
Subunit 1B: Santa Ana River
    Subunit 1B is located near the cities of Colton and Rialto in San 
Bernardino County and the cities of Riverside, Norco, and Corona in 
Riverside County, California. This subunit includes approximately 22 mi 
(35 km) of the mainstem of the Santa Ana River from near Tippecanoe 
Avenue in San Bernardino County to the Prado Dam and Flood Control 
Basin in Riverside County. This subunit also includes sections of the 
following tributaries (distances are measured from the mainstem of the 
Santa Ana River): 1,647 ft (502 m) of the Rialto Drain and 2,413 ft 
(736 m) Sunnyslope Creek. Lands within this subunit are under Federal 
(U.S. Army Corps of Engineers) (521 ac (211 ha)), State/Local (2,854 ac 
(1,155 ha)), and private (1,396 ac (565 ha)) ownership (Table 2).
    Areas within this subunit are within the geographical area occupied 
by the species at the time of listing, most are currently occupied, and 
all contain physical and biological features essential to the 
conservation of the species and may require special management 
considerations or protection. An approximate 5.1-mile (8.1-km) portion 
of the Santa Ana River between La Cadena Drive and Tippecanoe Avenue 
within Subunit 1B is not currently occupied due the barrier to upstream 
dispersal at La Cadena Drive; however, this areas was considered 
occupied at the time of listing and is essential to the conservation of 
the species and contains sources of water and coarse sediment (PCE 1) 
essential to the conservation of Santa Ana sucker. This subunit has 
been heavily impacted by urban development and threats to Santa Ana 
sucker and its essential features in this subunit result from impacts 
associated with, but not limited to: Water diversion; dams; water 
quality impacts from non-point source and point source pollution 
(including untreated urban run-off and discharge of treated 
wastewater); and altered hydrology throughout the watershed (including 
alterations from instream barriers, construction of bridges, 
channelization, and other flood control structures). Special management 
considerations or protection may be needed in this subunit to protect 
its essential features (see Special Management Considerations or 
Protection section above).

[[Page 77979]]

    Recent surveys found Santa Ana suckers at various locations in the 
mainstem of the Santa Ana River between the Rialto Drain and the Prado 
Dam (Baskin et al., 2005, pp. 1-2; Swift 2009, pp. 1-3). Santa Ana 
suckers also occupy the Rialto Drain and Sunnyslope Creek at least 
during portions of the year (Chadwick Ecological Consultants, Inc. 
1996, p. 9; Swift 2000, p. 8; Swift 2001, p. 45). At this time, the 
low-flow channel of the Santa Ana River has moved away from its 
confluence with Sunnyslope Creek, and accumulated sediments and 
vegetation are preventing access to this creek by Santa Ana suckers 
(OCWD 2009, pp. 5-31). However, a connection between the mainstem and 
Sunnyslope Channel will likely be reestablished following a high-flow 
event. Santa Ana suckers were found upstream of the Rialto Drain in the 
vicinity of the La Cadena Bridge drop-structure during spring-time flow 
releases from the Seven Oaks Dam in 2005 (Baskin et al. 2005, p. 1). 
However, the La Cadena Bridge drop-structure currently acts as a 
barrier to upstream migration at all flow levels. Rialto Drain and 
Sunnyslope Creek are the only tributaries to the Santa Ana River in 
this subunit where Santa Ana sucker spawning has been documented. 
However, the distribution of fry and juvenile fish observed in various 
locations within the mainstem is a strong indication that spawning 
areas other than the Rialto Drain and Sunnyslope Creek likely exist 
within the Santa Ana River.
    In the mainstem of the Santa Ana River, dry-season flows are 
dependent primarily on discharges from tertiary wastewater treatment 
plants and upwelling of ground water within the Unit (CRWQCB 1995, pp. 
1-4-1-8; Chadwick and Associates, Inc. 1992, p. 20), while storm-season 
flows are regulated by the upstream Seven Oaks Dam. The discharge of 
treated wastewater effluent maintains stream volume and velocity within 
the mainstem and the Rialto Drain to maintain habitat patches that 
support the riverine environment (PCE 1) necessary for Santa Ana 
sucker. However, it appears that these wastewater flows are not 
sufficient to deliver coarse sediment downstream (Thompson et al. 2010, 
pp. 327-328). The discharge of treated wastewater effluent along with 
the upwelling of groundwater also lowers instream water temperature to 
some extent in portions of the Santa Ana River (Chadwick and 
Associates, Inc. 1992, p. 26) (PCE 5), and rising groundwater in the 
Riverside Narrows feeds several small tributaries to the Santa Ana 
River, including the Sunnyslope Creek (CRWQCB 1995, pp. 1-4-1-8; Swift 
2001, p. 3) (PCE 1). Rialto Drain and Sunnyslope Creek contain gravel 
and cobble substrate, with some sand accumulation along channel edges 
and deep pools, and a riparian overstory (PCEs 2 and 6). Therefore, 
these areas provide areas for spawning and rearing of fry and juvenile 
fish (PCE 1) and shallow-water refuge for Santa Ana suckers during 
storms and during periods of high ambient air temperatures (PCE 6). 
Almost all other tributaries to the Santa Ana River in this subunit 
have been channelized, and while these tributaries continue to provide 
some water and storm water flows to the mainstem, the majority of this 
water is untreated run-off from surrounding urban areas. Also, with the 
exception of their confluence with the mainstem, it appears these other 
tributaries to the Santa Ana River have been modified such that they no 
longer provide suitable habitat for the species.
    In addition to reduced water quality and altered hydrology, habitat 
within this subunit has been impacted by the construction of several 
bridges spanning the Santa Ana River and grade-control structures that 
fragment habitat for Santa Ana sucker. Therefore, the physical and 
biological features essential to the conservation of the species in 
this subunit may require special management considerations or 
protection to address threats associated with water diversion, 
alteration of stream channels and watersheds, and reduction of water 
quantity and quality associated with urban development. Please see 
Special Management Considerations or Protection section for further 
discussion of the threats to Santa Ana sucker habitat.
Subunit 1C: Lower Santa Ana River
    Subunit 1C is located near the City of Corona in Riverside County 
and the cities of Anaheim and Yorba Linda in Orange County, California. 
This subunit includes approximately 10.7 mi (17.2 km) of the Santa Ana 
River mainstem from below the Prado Dam outlet in Riverside County to 
0.6 mi (1.03 km) downstream of the State Route 90 (Imperial Highway) 
Bridge in Orange County. Tributaries to the Santa Ana River in this 
subunit may provide water and storm water flows necessary to maintain 
preferred substrate conditions in the occupied portion of the Santa Ana 
River (PCE 1). However, we do not currently have information on the 
extent of their contribution and therefore are not proposing any 
tributaries to the Santa Ana River in Subunit 1C as critical habitat. 
Lands within this subunit are under State/Local (56 ac (23 ha)) and 
private (711 ac (288 ha)) ownership (Table 2).
    All areas in Subunit 1C are within the geographic area occupied by 
the species at the time of listing and contain the features essential 
to the conservation of the species and may require special management 
considerations or protection. This species has been found in the 
vicinity of the Gypsum Canyon Bridge, Weir Canyon drop structure, and 
the Imperial Highway overpass (Chadwick Ecological Consultants, Inc. 
1996, p. 9; Swift 2000, pp. 15-20; Baskin and Haglund 2001, pp. 1-5). 
More recently Santa Ana suckers were collected just below Prado Dam 
(SMEA 2008, p. 1; Lovan 2010, pers. comm.).
    This subunit has been heavily impacted by urban development and 
threats to Santa Ana sucker and its essential features in this subunit 
result from impacts associated with, but not limited to: Water 
diversion; dams; water quality impacts from non-point source and point 
source pollution (including untreated urban run-off and discharge of 
treated wastewater); and altered hydrology throughout the watershed 
(including alterations from instream barriers, construction of bridges, 
channelization, and other flood control structures). We also recognize 
that special management considerations or protection may be needed in 
this subunit to protect its essential features (see Special Management 
Considerations or Protection section above).
    Upstream water flows to Subunit 1C are primarily maintained by 
releases from Prado Dam, a structure that has altered the hydrology of 
the system, resulting in fluctuating water (PCE 1) and sediment (PCE 2) 
releases. The numerous tributaries flowing into the Santa Ana River 
below Prado Dam appear to contribute little dry-season flow. Releases 
from Prado Dam maintain perennial stream flow in the Santa Ana River, 
which in turn maintains well-defined banks supporting native riparian 
vegetation (PCE 6) and deep pools (PCE 2). However, since the velocity 
is typically high, water released below the dam is often turbid. During 
storms, water containing fine sediments passes over or through a dam, 
and because sediments remain suspended within the reservoir pool for 
several months, downstream turbidity can be increased (PCE 4) (Ally 
2004a, p. 36). Releases of turbid water could also degrade downstream 
foraging and spawning habitat if areas become covered by fine silts. 
The operation of Prado Dam also traps larger sediments therefore 
decreasing the deposition of

[[Page 77980]]

gravel and cobble needed to maintain spawning and foraging habitat 
below the dam.
    In addition to reduced water quality and altered hydrology, habitat 
within this subunit has been impacted by the construction of several 
bridges spanning the Santa Ana River that have constricted or 
redirected the stream channel in many places. Therefore, the physical 
and biological features essential to the conservation of the species in 
this subunit may require special management considerations or 
protection to address threats from water diversion, alteration of 
stream channels and watersheds, and reduction of water quantity and 
quality associated with urban development. Please see the Special 
Management Considerations or Protection section of this final rule for 
discussion of the threats to the Santa Ana sucker habitat.

Unit 2: San Gabriel River

    Unit 2 consists of the West, North, and East Forks of the San 
Gabriel River upstream of the San Gabriel Reservoir, in Los Angeles 
County, California. This unit includes 9.3 mi (14.9 km) of the West 
Fork downstream of Cogswell Dam to the San Gabriel Reservoir, 3.2 mi 
(5.2 km) of the North Fork upstream from the confluence with the West 
Fork, and 10.4 mi (16.7 km) of the East Fork downstream of the Bridge-
of-No-Return to the San Gabriel Reservoir. This unit also includes 
sections of the following tributaries (distances are measured from the 
mainstem of the fork): 0.3 mi (0.5 km) of Big Mermaids Canyon Creek and 
3.3 mi (5.3 km) Bear Canyon Creek, both tributaries of the West Fork; 
0.2 mi (0.2 km) of the West Fork of Bear Canyon Creek, a tributary of 
Bear Canyon Creek; 1.5 mi (2.4 km) of Bichota Canyon Creek, a tributary 
of the North Fork; 3.8 mi (6.2 km) of Cattle Canyon Creek, a tributary 
of the East Fork; and 0.6 mi (0.9 km) of Cow Canyon Creek, a tributary 
of Cattle Canyon Creek. Lands within this unit are entirely within the 
Angeles National Forest and are under Federal (USFS) (917 ac (371 ha)) 
and private (83 ac (34 ha)) ownership (Table 2).
    All areas in Unit 2 are within the geographical area occupied by 
the species at the time of listing, contain the features essential to 
the conservation of the species and may require special management 
considerations or protection. Unit 2 is the only unit designated as 
critical habitat that, overall, has a sediment transport and 
hydrological regime existing in a near-natural state. The function of 
Unit 2 is to independently support a population of Santa Ana sucker 
within a relatively intact watershed that provides good water quality 
and supply, and sediment transport. The Santa Ana suckers in this unit 
are the only extant population of the species that is not chronically 
exposed to urban runoff or tertiary-treated wastewater discharges. 
Additionally, this unit does not have a regulated water supply (with 
the exception of the West Fork of the San Gabriel River). However, 
threats to Santa Ana sucker and its essential features in this unit 
result from impacts associated with, but not limited to: Water 
diversion; dams; water quality impacts as a result of increased run-off 
due to a recent, intense wildfire event; and recreational use impacts 
from OHVs or other recreational uses on National Forest lands. We also 
recognize that special management considerations or protection may be 
needed in this subunit to protect its essential features (see Special 
Management Considerations or Protection section above).
    In addition to surveys discussed in the listing rule (65 FR 19686; 
April 12, 2000) and in the previous designation of critical habitat for 
Santa Ana sucker (70 FR 425; January 4, 2005), additional surveys have 
documented Santa Ana suckers in the West, North, and East Forks of the 
San Gabriel River and the following tributaries: Big Mermaids Canyon, 
Bear Canyon, Bichota Canyon, Cattle Canyon, and Cow Canyon Creeks 
(Haglund and Baskin 1992, p. 32; O'Brien 2009a, pp. 2-3; Ally 2004b, 
pp. 8-9, 14-15, 22, 24-25, 28; Ally 2004c, pp. 9-10, 13-14, 16-17; 
Tennant 2004, pp. 5-8; Tennant 2006, p. 3). The West, North, and East 
Forks of the San Gabriel River have one of the most intact native 
freshwater fish faunas in Southern California (Haglund and Baskin 2003, 
p. 7), have good water quality, and appear to support the highest 
abundance of Santa Ana suckers within the species' range.
    Natural water flow in the North and East forks, and the tributaries 
included in this unit, is unimpeded by large-scale dams. However, water 
flows in the West Fork of the San Gabriel River are affected by 
Cogswell Dam, a structure that has altered the hydrology of the system, 
resulting in fluctuating water (PCE 1) and sediment (PCE 2) releases. 
During its operational life, the Cogswell Reservoir has accumulated a 
large volume of sediment behind the dam that affects the quality of 
water released both through operations and unavoidable, uncontrolled 
leakage (Ally 2004a, p. 1). During the summer months, the only flow 
into the West Fork of the San Gabriel River is the result of leakage 
from the dam, and because flow velocities are low, sediments do not 
travel far downstream (Ally 2004a, p. 36). During storms, water 
containing fine sediments passes over or through the dam, and because 
sediments remain suspended within the reservoir pool for several 
months, downstream turbidity may be increased over usual conditions 
(PCE 4) (Ally 2004a, p. 36). Previous releases from Cogswell Dam 
containing more than 200,000 cubic yards (152,911 cubic meters) of silt 
and other sediment have severely impacted the habitat of the West Fork 
of the San Gabriel River and San Gabriel Reservoir (Drake 1988, p. 7; 
Haglund and Baskin 1992, p. 57; Moyle and Yoshiyama 1992, p. 204; Moyle 
et al. 1995, p. 203; Moyle 2002, p. 184). These rapid increases in flow 
volume and velocity along with sediment sluicing may disrupt Santa Ana 
sucker spawning and flush juvenile Santa Ana suckers into areas with 
unsuitable habitat.
    Along with impacts associated with the operation of Cogswell Dam, 
habitat within Unit 2 has also been impacted by recreational 
activities, including OHV use and the construction of recreational 
dams. Authorized OHV activity occurs in the USFS's San Gabriel Canyon 
OHV Area at the junction of the East, North, and West Forks. The use of 
the river as an OHV recreational area may result in adverse effects to 
Santa Ana sucker by increasing turbidity (PCE 4); disrupting the 
physical structure of habitat for spawning, resting, and feeding (PCE 
2); and introducing pollutants (such as oil and gas) into streams (PCE 
4) (65 FR 19686; April 12, 2000). To minimize impacts to Santa Ana 
sucker from OHV use, the USFS has implemented protection measures (such 
as establishing designated stream crossings and limiting the number of 
stream crossings in the OHV area) (Service 2005b, p. 8). The 
construction of ``recreational'' dams degrades instream and possibly 
bank habitat, increases turbidity (PCE 4), and disrupts sediment 
transport. Over 500 recreational dams were found in 2001 and 2002 
within a 7.1-mi (11.4-km) reach of the East Fork of the San Gabriel 
River (Ally 2001, p. 2; Ally 2003, pp. 1-2). Recreational dams are 
constructed on a frequent basis in the San Gabriel Canyon OHV Area in 
the North Fork of this river as well (USFS 2008, p. 6). Therefore, the 
physical and biological features essential to the conservation of the 
species in this unit may require special management considerations or 
protection to address threats associated with water diversion, 
alteration of stream channels and watersheds, and human recreational 
activities.

[[Page 77981]]

    Unit 2 was not directly impacted by the 2009 Station Fire that 
burned approximately 161,000 ac (64,975 ha) of lands in the San Gabriel 
Mountains (USFS 2009, p. 4), although indirect impacts associated with 
post-fire debris flow and changes to water quality may have occurred or 
could occur in the future. Because this particular area did not burn in 
the Station Fire, it was not analyzed in the U.S. Geological Survey 
(USGS 2009) or USFS (2009) reports; however, the burned area is 
directly adjacent to the West Fork of the San Gabriel River and thus 
may have some impact to critical habitat. For additional information on 
this fire and its anticipated impacts, see the Unit 3: Big Tujunga 
Creek section below. Please see Special Management Considerations or 
Protection section of this final rule for discussion of the threats to 
Santa Ana sucker habitat.

Unit 3: Big Tujunga Creek

    Unit 3 includes a total of 1,233 ac (499 ha) of land and consists 
of two subunits located in Los Angeles County, California. Lands within 
this unit are under Federal (USFS) (286 ac (116 ha)) and private (947 
ac (384 ha)) ownership (Table 2). The purpose of this unit is to 
independently support a population of Santa Ana sucker in a functioning 
hydrologic system that provides suitable water quality and supply, and 
coarse sediments. One of the two subunits in Unit 3, Subunit 3B is 
outside of the geographic range occupied by the species at the time of 
listing but provides essential sources of water and sediment to the 
occupied subunit (3A) within the unit.
    In August 2009, the Station Fire began and eventually burned 
approximately 161,000 ac (64,975 ha) of lands within the San Gabriel 
Mountains (USFS 2009, p. 4). The fire burned conifer forests, 
chaparral, and riparian vegetation in the stream corridors, including 
approximately 81 mi (130.36 km) of perennial channel and 572 mi (920.54 
km) of intermittent stream beds (USFS 2009, p. 2). As a result of this 
fire, excessive debris flows and changes to water quality are 
anticipated to occur during seasonal rains over the next several years. 
The greatest potential for significant impacts resulting from elevated 
debris flows is anticipated in Big Tujunga Canyon, Pacoima Canyon, 
Arroyo Seco Canyon, the West Fork of the San Gabriel River, and Devil's 
Canyon (USFS 2009, p. 4). The estimated debris flow probability for a 
3-hour duration, 1-year-reoccurence thunderstorm in the area impacted 
by the Station Fire indicates an 81 to 100 percent probability for 
impact to critical habitat in all of Unit 3 (USGS 2009, p. 9, Fig 3A). 
Anticipated post-fire impacts to streams within this unit include ash 
and debris deposition that may physically alter streambeds and pools, 
increased scouring of riparian and aquatic vegetation, and increased 
water temperature from the short-term loss of canopy shading (USFS 
2009, p. 5). Changes to water quality (such as increased turbidity) are 
also anticipated from both post-fire impacts and from the release and 
mobilization of toxic chemicals such as gas, oil, and building 
materials as a result of burned structures and their contents (USFS 
2009, p. 6). The USFS determined that the future combined impacts 
attributed to the Station Fire may lead to a temporary loss or 
reduction of suitable stream habitat and a localized risk of 
extirpation that may result in threatening the viability of Santa Ana 
sucker (USFS 2009, p. 7). Additionally, the loss of vegetation and 
creation of roads for firefighting may allow greater access to 
streambeds and facilitate increased OHV use, resulting in further 
habitat degradation (USGS 2009, p. 7).
Subunit 3A: Big Tujunga and Haines Creeks
    Subunit 3A includes an approximately 13-mi (21-km) stretch of Big 
Tujunga Creek (a tributary of the Los Angeles River) between the Big 
Tujunga Dam and Reservoir and Hansen Dam and Flood Control Basin. This 
subunit also includes Haines Creek, a small stream within the 
floodplain of Big Tujunga Creek. The 1,189 ac (481 ha) of land within 
this subunit is under Federal (USFS) (242 ac (98 ha)) and private (947 
ac (384 ha)) ownership (Table 2).
    All areas of Subunit 3A are within the geographical area occupied 
by the species at the time of listing and contain the features 
essential to the conservation of the species which may require special 
management considerations or protection. This subunit has been heavily 
impacted by urban development. Threats to Santa Ana sucker and its 
essential features in this subunit result from impacts associated with, 
but not limited to: Water diversion; dams; Water quality impacts from 
non-point source and point source pollution (including untreated urban 
run-off and discharge of treated wastewater); and altered hydrology 
throughout the watershed (including alterations from instream barriers, 
construction of bridges, channelization and other flood control 
structures). We also recognize that special management considerations 
or protection will be required in this subunit to protect its essential 
features (see Special Management Considerations or Protection section 
above).
    In addition to surveys cited in the listing rule (65 FR 19686; 
April 12, 2000) and in the previous designation of critical habitat for 
Santa Ana sucker (70 FR 425; January 4, 2005), other surveys have 
documented Santa Ana suckers in Big Tujunga Creek between Delta Flats 
and Vogel Flats (Haglund and Baskin 2001, pp. 2-4; O'Brien 2009b, p. 
2), and in the Big Tujunga Wash Mitigation Bank, including Haines Creek 
(Chambers Group 2004, pp. 6-3, 6-4). There has been previous 
speculation that Big Tujunga Creek between the Big Tujunga Dam and Big 
Tujunga Canyon Road Bridge may no longer be occupied by Santa Ana 
sucker; however, recent surveys indicate that Santa Ana suckers are 
present in this area but in relatively low abundance (Haglund and 
Baskin 2010, pp. 17-18). Swift (2002, p. 3) speculates that streambed 
characteristics in three places upstream of Big Tujunga Canyon Road 
Bridge may prevent upstream movement or make movement possible only 
during rare high flow events. We currently consider this area occupied 
because Santa Ana suckers have been documented near and downstream of 
the Big Tujunga Canyon Road Bridge and because we do not have evidence 
of the existence of barriers permanently precluding upstream movement 
to the dam. The upstream sections of Big Tujunga Creek are also 
important for providing stream and storm waters necessary to transport 
coarse sediments to maintain preferred substrate conditions (PCE 2) for 
Santa Ana sucker in occupied areas downstream.
    A section of Haines Creek upstream of the Foothill Bridge traverses 
the Angeles National Golf Course. This 160-ac (65 ha), privately-owned 
golf course lies between the confluence of Big Tujunga and Haines 
Creeks and includes the alluvial floodplain and multiple low-flow 
channels that traverse the golf course. Periodic high storm flows from 
the Big Tujunga Creek travel through the golf course into Haines Creek 
on an irregular basis and likely provide the only source of stream and 
storm waters necessary to transport coarse sediments (from Big Tujunga 
Creek) to maintain preferred substrate conditions (PCE 2) to the 
occupied portion of Haines Creek (Chambers Group 2004, p. 6-4). 
Therefore, the alluvial floodplain and multiple low-flow channels that 
traverse the golf course are essential to the conservation of the 
species because they provide the primary (and potentially the sole) 
source of stream and storm waters (PCEs 1, 4, and 7) downstream into 
the

[[Page 77982]]

Big Tujunga Wash Mitigation Bank that supports Santa Ana sucker (see 
Summary of Changes From Previously Designated Critical Habitat section 
above for more discussion of the area designated as critical habitat on 
the Angeles National Golf Course).
    The upstream portion of this subunit is within the Angeles National 
Forest and is therefore not exposed to the effects of urbanization. 
However, the downstream portion of Big Tujunga Creek between the Oro 
Vista Bridge and Hansen Dam is adjacent to existing urban development 
south of the creek, which has altered water flows transporting coarse 
sediment (PCE 2) into the Big Tujunga Creek. Several tributaries 
(including the upper portion of Haines Creek) that flow into Big 
Tujunga Creek through the communities of Sunland and Tujunga have been 
channelized through urbanized areas for flood control purposes. This 
channelization has eliminated habitat for Santa Ana sucker, altered the 
hydrologic regime (PCE 1), and reduced the transport of sediments 
needed to maintain channel substrate conditions (PCE 2) in the occupied 
sections of Big Tujunga Creek.
    Habitat in Subunit 3A has been altered due to the operation of the 
Big Tujunga Dam upstream and Hansen Dam downstream. All flows in the 
occupied reaches of Big Tujunga Creek are moderated by the operation of 
Big Tujunga Dam, which has eliminated flows along most of the creek 
during late summer and autumn of dry years (Palavido et al. 2008, p. 
8), thereby reducing not only the amount of water (PCE 1) entering the 
system but also the amount of coarse sediment (PCE 2) being transported 
downstream. During these dry periods, Santa Ana suckers are restricted 
to an approximate 1-mi (1.6-km) section of the creek (Palavido et al. 
2008, p. 8). At times, the creek can be reduced to a series of standing 
pools with only a trickle of flow between them (Swift 2002, p. 1), 
further isolating Santa Ana suckers (PCE 1). To minimize impacts to the 
species, a strategy is being developed with the objective of 
maintaining and enhancing Santa Ana sucker habitat within the lower Big 
Tujunga Creek (Mendez 2005, p. 1).
    Habitat within this subunit has also been impacted by the 
construction of several bridges (such as the Foothill, Interstate-210, 
and Oro Vista bridges). The habitat that serves as a connective 
corridor (PCE 7) within both Big Tujunga Creek and Haines Creek as they 
flow under the Foothill and Interstate-210 bridges is often temporarily 
fragmented during periods of low flow (Swift 2006a, p. 2). Hence, 
sufficient water flow from the upstream dam is necessary to ensure 
water and coarse sediment transport to maintain the stream channel 
substrate conditions required by Santa Ana sucker in this area (PCEs 1, 
2, and 7). The physical and biological features essential to the 
conservation of the species in this unit may require special management 
considerations or protection to address threats associated with water 
diversion, alteration of stream channels and watersheds, and human 
recreational activities. Please see Special Management Considerations 
or Protection section of the 2009 proposed rule and this final rule for 
discussion of the threats to Santa Ana sucker habitat.
Subunit 3B: Gold, Delta, and Stone Canyon Creeks
    Subunit 3B consists of three tributaries to Big Tujunga Creek 
(measured from their confluence with the mainstem): A 1.89-mi (3.04-km) 
section of Gold Canyon Creek, a 0.79-mi (1.27-km) section of Delta 
Canyon Creek, and a 0.67-mi (1.08-km) section of Stone Canyon Creek. 
The 44 ac (18 ha) of land within this subunit is entirely within the 
Angeles National Forest and is entirely under Federal (USFS) ownership 
(Table 2).
    The three tributaries in this Subunit 3B are not within the 
geographical range of the species occupied at the time of listing and 
are not currently occupied, but are included in this critical habitat 
designation because they contribute essential coarse sediments and 
flows to occupied habitats downstream (PCEs 1 and 2). This subunit has 
been impacted by urban development, although to a lesser extent than 
the mainstem of Big Tujunga Creek. Threats to the critical habitat 
designated in this subunit result from impacts associated with, but not 
limited to, water diversion, dams, and altered hydrology in the lower 
portion of the watershed. We also recognize that special management 
considerations or protection may be required in this subunit (see 
Special Management Considerations or Protection section above).
    While we are not aware of any surveys for Santa Ana sucker 
conducted in Gold Canyon, Delta Canyon, or Stone Canyon Creeks, it 
appears that the slopes of Delta Canyon and Stone Canyon Creeks from 
near their confluence with Big Tujunga Creek are too steep to be 
passable by Santa Ana sucker. The slope of Gold Canyon Creek from 
approximately 0.49 mi (0.8 km) from its confluence with Big Tujunga 
Creek also appears to be too steep to be passable by Santa Ana sucker. 
Please see the Criteria Used To Identify Critical Habitat section of 
this final rule for a discussion of how we determined the slope within 
these creeks.
    These tributaries are particularly essential for the conservation 
of the species given the extent to which the hydrology and the habitat 
of the downstream occupied section of Big Tujunga Creek has been 
altered and degraded due to the construction and operation of Big 
Tujunga Dam. These creeks are essential for the conservation of the 
species because they provide and transport coarse sediment (PCE 2) and 
convey stream flows and flood waters (PCE 1) necessary to maintain 
habitat conditions for the downstream occupied areas of Big Tujunga 
Creek. The areas of these creeks at their confluence with Big Tujunga 
Creek also provide protective areas for juvenile Santa Ana suckers 
during high flow events, during periods of high ambient temperatures, 
and from predators (PCEs 1 and 6).

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7(a)(2) of the Act requires Federal agencies, including the 
Service, to ensure that actions they fund, authorize, or carry out are 
not likely to destroy or adversely modify critical habitat. Decisions 
by the courts of appeals for the Fifth and Ninth Circuits have 
invalidated our definition of ``destruction or adverse modification'' 
(50 CFR 402.02) (see Gifford Pinchot Task Force v. U.S. Fish and 
Wildlife Service, 378 F.3d 1059 (9th Cir. 2004) and Sierra Club v. U.S. 
Fish and Wildlife Service et al., 245 F.3d 434, 442F (5th Cir. 2001)), 
and we do not rely on this regulatory definition when analyzing whether 
an action is likely to destroy or adversely modify critical habitat. 
Under the statutory provisions of the Act, we determine destruction or 
adverse modification on the basis of whether, with implementation of 
the proposed Federal action, the affected critical habitat would remain 
functional (or retain those physical and biological features or the 
ability of the PCEs to be functionally established in the area) to 
serve its intended conservation role for the species.
    Section 7(a)(2) of the Act requires Federal agencies to ensure that 
activities they authorize, fund, or carry out are not likely to 
jeopardize the continued existence of such a species or to destroy or 
adversely modify its critical habitat. If a Federal action may affect a 
listed species or its critical habitat, the responsible Federal agency 
(action agency) must enter into consultation with us. As a result of 
this consultation, we document compliance with the

[[Page 77983]]

requirements of section 7(a)(2) of the Act through our issuance of:
    1. A concurrence letter for Federal actions that may affect, but 
are not likely to adversely affect, listed species or critical habitat; 
or
    2. A biological opinion for Federal actions that may affect, and 
are likely to adversely affect, listed species or critical habitat.
    An exception to the concurrence process referred to in (1) above 
occurs in consultations involving National Fire Plan projects. In 2004, 
USFS and BLM reached agreements with the Service to streamline a 
portion of the section 7 consultation process (BLM-ACA 2004, pp. 1-8; 
FS-ACA 2004, pp. 1-8). The agreements allow USFS and BLM the 
opportunity to make ``not likely to adversely affect'' determinations 
for projects implementing the National Fire Plan. Such projects include 
prescribed fire, mechanical fuels treatments (thinning and removal of 
fuels to prescribed objectives), emergency stabilization, burned area 
rehabilitation, road maintenance and operation activities, ecosystem 
restoration, and culvert replacement actions. The USFS and BLM must 
ensure staff are properly trained, and both agencies are required to 
submit monitoring reports to the Service to determine if the procedures 
are being implemented properly and effects to endangered species and 
their habitats are being properly evaluated. As a result, we do not 
believe the alternative consultation processes being implemented as a 
result of the National Fire Plan will differ significantly from those 
consultations being conducted by the Service.
    When we issue a biological opinion concluding that a project is 
likely to jeopardize the continued existence of a listed species or 
destroy or adversely modify critical habitat, we also provide 
reasonable and prudent alternatives to the project, if any are 
identifiable. We define reasonable and prudent alternatives at 50 CFR 
402.02 as alternative actions identified during consultation that:
    1. Can be implemented in a manner consistent with the intended 
purpose of the action,
    2. Can be implemented consistent with the scope of the Federal 
agency's legal authority and jurisdiction,
    3. Are economically and technologically feasible, and
    4. Would, in the Director's opinion, avoid jeopardizing the 
continued existence of the listed species or destroying or adversely 
modifying 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 we have 
listed a new species or subsequently designated critical habitat that 
may be affected and the Federal agency has retained discretionary 
involvement or control over the action (or the agency's discretionary 
involvement or control is authorized by law). Consequently, Federal 
agencies may sometimes need to request reinitiation of consultation 
with us on actions for which formal consultation has been completed, if 
those actions with discretionary involvement or control may affect 
subsequently listed species or designated critical habitat.
    Federal activities that may affect Santa Ana sucker or its 
designated critical habitat require section 7 consultation under the 
Act. Activities on State, Tribal, local, or private lands requiring a 
Federal permit (such as a permit from the U.S. Army Corps of Engineers 
under section 404 of the Clean Water Act (33 U.S.C. 1251 et seq.) or a 
permit from us under section 10 of the Act) or involving some other 
Federal action (such as funding from the Federal Highway 
Administration, Federal Aviation Administration, or the Federal 
Emergency Management Agency) are subject to the section 7 consultation 
process. Federal actions not affecting listed species or critical 
habitat, and actions on State, Tribal, local, or private lands that are 
not Federally funded, authorized, or permitted, do not require section 
7 consultations.

Application of the ``Adverse Modification'' Standard

    The key factor related to the adverse modification determination is 
whether, with implementation of the proposed Federal action, the 
affected critical habitat would continue to serve its intended 
conservation role for the species, or would retain those physical and 
biological features essential for the conservation of the species. 
Activities that may destroy or adversely modify critical habitat are 
those that alter the physical and biological features or the area 
itself to an extent that appreciably reduces the conservation value of 
critical habitat for Santa Ana sucker. As discussed above, the role of 
critical habitat is to support the life-history needs of the species 
and provide for the conservation of the species.
    Section 4(b)(8) of the Act requires us to briefly evaluate and 
describe, in any proposed or final regulation that designates critical 
habitat, activities involving a Federal action that may destroy or 
adversely modify such habitat, or that may be affected by such 
designation.
    Activities that, when carried out, funded, or authorized by a 
Federal agency, may affect critical habitat and therefore should result 
in consultation for Santa Ana sucker include, but are not limited to:
    1. Actions that would alter the hydrology to a degree that 
appreciably reduces the value of the critical habitat for either the 
survival or the recovery of the species. Such activities could include, 
but are not limited to, impoundment, channelization, water diversion, 
removal of water from waterways, construction, licensing, relicensing, 
and operation of dams or other water impoundments. Effects of these 
activities may include (but are not necessarily limited to) reducing 
the suitable space for individual and population growth and for normal 
behavior; reducing or changing sites for breeding, reproduction, and 
rearing (or development) of offspring; removing cover and shelter 
necessary for Santa Ana sucker by reducing the availability of suitable 
habitat for reproduction and survival; decreasing food sources; 
increasing water temperatures; and facilitating predation by nonnative 
species.
    2. Actions that would significantly alter water quality to a degree 
that appreciably reduces the value of the critical habitat for either 
the survival or the recovery of the species. Such activities could 
include, but are not limited to, release of excess nutrients or heated 
effluents into the surface water or connected groundwater at a point 
source or by dispersed release (nonpoint). Effects of these activities 
may include (but are not necessarily limited to) reduction in the 
quality of the food, water, light, minerals, or other nutritional or 
physiological requirements necessary for Santa Ana sucker by changing 
the nutrient or chemical composition of the river; introduction of 
chemicals that may influence reproductive success; and nutrient changes 
that result in food source changes that are not suitable for Santa Ana 
sucker.
    3. Actions that would significantly increase sediment deposition 
within the stream channel to a degree that appreciably reduces the 
value of the critical habitat for both the long-term survival and 
recovery of the species. Such activities could include, but are

[[Page 77984]]

not limited to, excessive sedimentation from road construction; timber 
harvest; off-road vehicle use; residential, commercial, and industrial 
development; and various other watershed and floodplain disturbances. 
Effects of these activities may include (but are not necessarily 
limited to) reducing of the suitable space for individual and 
population growth and for normal behavior; reducing or changing sites 
for breeding, reproduction, and rearing (or development) of offspring; 
removing cover and shelter necessary for Santa Ana sucker by depositing 
fine sediment on top of the instream mosaic of substrates and scouring 
of instream vegetation; decreasing food sources; and increasing 
turbidity, resulting in unsuitable habitat conditions for Santa Ana 
sucker.
    4. Actions that would significantly alter channel morphology or 
geometry to a degree that appreciably reduces the value of the critical 
habitat for both the long-term survival and recovery of the species. 
Such activities could include, but are not limited to, channelization, 
impoundment, road and bridge construction, mining and other removal of 
substrate, and destruction of riparian vegetation. Effects of these 
activities may include (but are not necessarily limited to) reducing 
the suitable space for individual and population growth and for normal 
behavior; reducing or changing sites for breeding, reproduction, and 
rearing (or development) of offspring; reducing the quality of the 
food, water, light, minerals, or other nutritional or physiological 
requirements; removing cover and shelter necessary for Santa Ana sucker 
by depositing fine sediment on top of the instream mosaic of substrates 
and scouring of instream vegetation; decreasing food sources; 
increasing water temperatures; and facilitating predation by nonnative 
species.
    5. Actions that would facilitate the introduction, spread, or 
augmentation of nonnative aquatic species in critical habitat to a 
degree that appreciably reduces the value of the critical habitat for 
both the long-term survival and recovery of the species. Such 
activities could include, but are not limited to, the stocking of fish 
for sport or recreation, biological control, or other purposes; 
aquaculture; and construction and operation of canals. Effects of these 
activities may include (but are not necessarily limited to) reducing 
the suitable space for individual and population growth and for normal 
behavior and reducing or changing sites for breeding, reproduction, and 
rearing (or development) of offspring necessary for Santa Ana sucker by 
modifying the physical and biological elements of the habitat such that 
they are preferred by nonnative predators, which would increase 
predation risk to Santa Ana sucker.

Exemptions

Application of Section 4(a)(3) of the Act

    The National Defense Authorization Act for Fiscal Year 2004 (Pub. 
L. 108-136) amended the Act to limit areas eligible for designation as 
critical habitat. Specifically, section 4(a)(3)(B)(i) of the Act (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.''
    There are no Department of Defense lands within the critical 
habitat designation. Therefore, we are not exempting lands from this 
final designation of critical habitat for Santa Ana sucker under 
section 4(a)(3)(B)(i) of the Act. For more information regarding the 
exemption of Department of Defense lands, see the Application of 
Section 4(a)(3) of the Act section of the proposed rule (74 FR 65056; 
December 9, 2009).

Exclusions

Application of Section 4(b)(2) of the Act

    In the proposed revised critical habitat rule (74 FR 65056; 
December 9, 2009) and document that made available the DEA (75 FR 
38441; July 2, 2010), we announced that we were considering for 
exclusion under section 4(b)(2) of the Act lands in the Santa Ana River 
watershed covered by the Santa Ana sucker (SAS) Conservation Program 
and the Western Riverside County MSHCP. These areas include 5,471 ac 
(2,214 ha) covered by the SAS Conservation Program (Subunit 1B (Santa 
Ana River) and Subunit 1C (Lower Santa Ana River)) and 3,048 ac (1,234 
ha) owned by or under the jurisdiction of the Western Riverside County 
MSHCP permittees (Subunit 1B (Santa Ana River) and portions of Subunit 
1C (Lower Santa Ana River)). Under section 4(b)(2) of the Act, the 
Secretary may exercise his discretion to exclude a specific area from 
critical habitat designation if the determination is made that the 
benefits of excluding the area outweigh the benefits of inclusion. We 
have declined to exercise our delegated discretion to exclude any areas 
from final critical habitat designation. The following discussion 
describes our rationale.

Description of Western Riverside County Multiple Species Conservation 
Program (Western Riverside County MSHCP) and the Santa Ana Sucker 
Conservation Program (SAS Conservation Program)

    The areas considered for exclusion in Subunits 1B and 1C fall 
either within the SAS Conservation Program or the Western Riverside 
County MSHCP plan areas. Some of the permittees of the Western 
Riverside County MSHCP are also participants in the SAS Conservation 
Program, which preceded the development of the Western Riverside County 
MSHCP. The Western Riverside County MSHCP also relies, in part, on the 
SAS Conservation Program to address flood control and routine 
maintenance operations within these subunits. Routine maintenance and 
operational activities in the Santa Ana River that are undertaken by 
permittees of the Western Riverside County MSHCP are not ``covered 
activities'' in the Western Riverside County MSHCP's plan. Because of 
the relationship and reliance of the Western Riverside MSHCP and SAS 
Conservation Program on one another and their concurrent jurisdiction 
over the same geographical area, we are conducting a single exclusion 
analysis for the area considered for exclusion in Subunits 1B and 1C.
    The Western Riverside County MSHCP is a regional, multi-
jurisdictional HCP with 22 participating permittees encompassing about 
1.26 million ac (510,000 ha) in western Riverside County. Over the 75-
year term of the permit, the permittees will implement conservation 
measures for 146 ``covered species','' including Santa Ana sucker. For 
Santa Ana sucker, the Western Riverside County MSHCP specifically 
identifies conservation objectives to: (1) Provide long-term 
conservation for the species, (2) develop a management and monitoring 
plan for the species, and (3) mitigate for impacts to Santa Ana sucker 
habitat that are associated with permittee activities (Dudek and 
Associates, Inc. 2003, pp. 6-24, F-19-F-20; Service 2004c, p. 258) (see 
the document making available the DEA (75 FR 38441; July 2, 2010) for 
additional description of the Western Riverside County MSHCP). 
Permittees implement the above conservation measures for Santa Ana 
sucker over the 75-year permit term. Despite these planned conservation 
measures, results

[[Page 77985]]

from recent surveys and research efforts indicate that the status of 
Santa Ana sucker and its available habitat have continued to decline in 
the portions of the Santa Ana River covered by the plan since the 
plan's approval in 2004 (SMEA 2009, pp. 1-4; Thompson et al. 2010, pp. 
321-332; see also Geographic Range and Status and Rationale for 
Including the Western Riverside County MSHCP and SAS Conservation 
Program in this Final Critical Habitat Designation sections).
    The Santa Ana Sucker Conservation Program (SAS Conservation 
Program) was developed over a 10-year period through a multi-agency 
partnership of Federal, State, and local government agencies and the 
private sector. The Program encourages a river-wide approach to Santa 
Ana sucker conservation through the development and implementation of a 
regional maintenance program (Team 2009, p. 1-1). The SAS Conservation 
Program encompasses the Santa Ana River and the lower reaches of its 
tributaries extending generally from Tippecanoe Avenue in San 
Bernardino County to Chapman Avenue in Orange County (SAWPA 2008, pp. 
13-18). To facilitate permitting for routine maintenance activities 
along the Santa Ana River, the current participants of the SAS 
Conservation Program jointly applied for a Regional General Permit from 
the U.S. Army Corps of Engineers (ACOE) under the Clean Water Act (33 
U.S.C. 1251 et seq.); however, to date this permit has not been issued 
and consultation under section 7 of the Act to evaluate the effects of 
the permit on Santa Ana sucker has not been completed. The 
participants' unified approach to their maintenance activities aims to 
avoid and minimize impacts to the Santa Ana sucker and its habitat. The 
SAS Conservation Program has completed various conservation actions 
including: (1) A draft video to educate staff and contractors on Santa 
Ana sucker and its habitat; (2) research and studies on Santa Ana 
sucker distribution, movement, spawning, impacts from nonnative 
predators, fish health, and water quality and habitat suitability and 
its influence on Santa Ana sucker distribution (Saiki 2000, pp. 1-117; 
Swift 2001, pp. 1-94; Thompson et al. 2010, pp. 321-332); and (3) 
annual demographic monitoring since 2000.

Rationale for Including the Western Riverside County MSHCP and SAS 
Conservation Program in This Final Critical Habitat Designation

    We analyzed the benefits of including lands covered by the Western 
Riverside County MSHCP and the SAS Conservation Program in the final 
designation and the benefits of excluding those lands from the 
designation. The plan and program have established valuable 
partnerships that are intended to implement conservation actions for 
Santa Ana sucker. However, in conducting our evaluation of the 
conservation benefits to Santa Ana sucker and its essential habitat 
that have resulted to date from these partnerships, we did not conclude 
that the benefits of excluding Subunits 1B and 1C from critical habitat 
outweigh the benefits of inclusion. In any case, given the conservation 
status of the Santa Ana sucker, we are not exercising our delegated 
discretion to exclude any lands under section 4(b)(2) of the Act in 
this final critical habitat rule.
    There are significant regulatory and educational benefits to 
critical habitat designation in Subunits 1B and 1C (compared to no 
critical habitat designation). When reviewing the Western Riverside 
County MSHCP under section 10 of the Act, we conducted an analysis of 
conservation for Santa Ana sucker afforded by the plan and anticipated 
that (over the term of the permit) up to 443 ac (179 ha) of Santa Ana 
sucker habitat may be impacted within the plan area (Service 2004c, p. 
260) and 3,480 ac (1,408 ha) of Santa Ana sucker habitat may be 
conserved (Service 2004c, p. 256). However, since the permit was issued 
in 2004, no essential habitat for the Santa Ana sucker has been 
conserved under the plan. With regard to the SAS Conservation Program, 
which has been in existence for over 10 years, we note that the routine 
operations and maintenance activities of program participants along and 
within the Santa Ana River and its tributaries in Subunits 1B and 1C 
that may adversely affect the Santa Ana sucker and its habitat were to 
be addressed through consultation under section 7 of the Act with the 
ACOE. However, while the SAS Conservation Program's partnership remains 
strong, formal consultation under section 7 has not yet been completed 
because specific conservation actions as well as the scope of routine 
maintenance and flood control operations and planned future activities 
by the participating entities have not yet been adequately defined. As 
a consequence, the implementation of conservation measures by SAS 
Conservation Program participants intended to ensure the compatibility 
of their activities with protection of Santa Ana sucker and its 
essential habitat, and additional on-the-ground conservation measures 
proposed to conserve the Santa Ana sucker, have not yet occurred or 
been fully evaluated as to their effectiveness.
    In addition, a public comment received from the Riverside County 
Flood Control District (RCFCD 2010, p. 1) in response to the 2009 
proposed revised critical habitat designation, states that there are 
potential projects within the Santa Ana River that are not included as 
``covered activities'' in the Western Riverside County MSHCP nor within 
the list of routine maintenance and other activities in the biological 
assessment submitted to the Service by the SAS Conservation Program in 
conjunction with anticipated section 7 consultation between the Service 
and ACOE on the program. These potential projects include 
rehabilitation and future flood control projects. The projects and 
their potential effects have not been included in or analyzed as part 
of the Western Riverside County MSHCP or the SAS Conservation Program.
    The principal benefit of including an area in a critical habitat 
designation is the requirement of Federal agencies to ensure actions 
they fund, authorize, or carry out are not likely to result in the 
destruction or adverse modification of any designated critical habitat, 
the regulatory standard of section 7(a)(2) of the Act under which 
consultation is completed. Federal agencies must consult with the 
Service on actions that may affect critical habitat and must avoid 
destroying or adversely modifying critical habitat. Federal agencies 
must also consult with us on actions that may affect a listed species 
and refrain from undertaking actions that are likely to jeopardize the 
continued existence of such species. The analysis of effects to 
critical habitat is a separate and different analysis from that of the 
effects to the species, and the difference in outcomes of these two 
analyses represents the regulatory benefit of critical habitat. For 
some species (including Santa Ana sucker), and in some locations, the 
outcome of these analyses will be similar, because effects to habitat 
will often also result in effects to the species. However, the 
regulatory standard is different, as the jeopardy analysis investigates 
the action's impact on the survival and recovery of the species, while 
the adverse modification analysis focuses on the action's effects on 
the designated habitat's contribution to conservation. This will, in 
many instances, lead to different results and different regulatory 
requirements. Thus, critical habitat designations may provide greater 
benefits to the recovery of a species than would listing alone.

[[Page 77986]]

    We anticipate that a Federal nexus for section 7 consultation (with 
the ACOE under the Clean Water Act) exists for most activities in 
subunits 1B and 1C within the Western Riverside County MSHCP and SAS 
Conservation Program areas. Designation of these two subunits as 
critical habitat would enable us to carefully review proposed 
activities affecting essential Santa Ana sucker habitat along and 
within the Santa Ana River to ensure that it is not destroyed or 
adversely modified. We acknowledge that any protections provided by 
critical habitat that are redundant with protections already in place 
on lands proposed for designation would reduce the regulatory benefit 
of their inclusion in critical habitat. Protections provided by HCPs or 
other conservation and management, may prevent the destruction or 
adverse modification of habitat to the same or greater extent as would 
the consultation provisions under section 7(a) of the Act for critical 
habitat. We recognize that the SAS Conservation Program and Western 
Riverside County MSHCP are expected to provide conservation benefits to 
the Santa Ana sucker and its essential habitat in Subunits 1B and 1C 
over the long term. However, protection of essential habitat for the 
Santa Ana sucker in Subunits 1B and 1C is not yet in place under the 
SAS Conservation Program or the Western Riverside County MSHCP. Recent 
surveys and research indicate the status of Santa Ana sucker and the 
status of its habitat continue to decline throughout the Santa Ana 
River system (SMEA 2009, pp. 1-4; Thompson et al. 2010, pp. 321-332; 
see also Geographic Range and Status section. Annual population 
monitoring conducted since 2001 by participants of the SAS Conservation 
Program indicates a decreasing trend in density of Santa Ana sucker at 
repeatedly surveyed locations, with 2009 showing the lowest density 
since monitoring began (SMEA 2009, p. 2). Additionally, surveys 
conducted between 2006 and 2008 of available habitat for Santa Ana 
sucker between the La Cadena Drive Bridge crossing and I-15 (including 
areas that overlap with lands covered by the Western Riverside County 
MSHCP and SAS Conservation Program) indicate that downstream habitats 
are less suitable than upstream habitats near La Cadena Drive for Santa 
Ana sucker because of the lack of coarse substrate (i.e., cobble and 
gravel) (Thompson et al. 2010, p. 321). Results of monitoring conducted 
by San Marino Environmental Associates (SMEA) (2009, p. 4) and Thompson 
et al. (2010, p. 321) also indicate that Santa Ana sucker are patchily 
distributed within the known occupied habitat areas and that this 
distribution varies seasonally throughout the mid- and lower-reaches of 
the Santa Ana River (see also Habitat, Geographic Range and Status, and 
Physical and Biological Features sections of the 2009 proposed revised 
rule and this final rule). Because protection of essential habitat for 
Santa Ana sucker is not yet in place under the Western Riverside MSHCP 
or under the SAS Conservation Plan, and we expect a Federal nexus for 
most activities affecting essential Santa Ana sucker habitat in 
Subunits 1B and 1C, we believe designation of these subunits will 
provide a significant regulatory benefit for the Santa Ana sucker.
    Designating critical habitat also can be beneficial because the 
process of proposing critical habitat provides the opportunity for peer 
review and public comment on areas we propose to designate as critical 
habitat, our criteria to assess those lands, potential impacts from the 
proposal, and information on the taxon itself. We believe the 
designation of critical habitat may generally provide previously 
unavailable information to the public. Public education regarding the 
potential conservation value of an area may also help focus 
conservation and management efforts on areas of high conservation value 
for certain species. Information about the Santa Ana sucker and its 
habitat that reaches a wide audience, including parties concerned about 
and engaged in conservation activities, is valuable because the public 
may not be aware of Santa Ana sucker occurrences that have not been 
conserved or are not being managed.
    We acknowledge that educational information regarding the 
importance of the Santa Ana sucker has been presented to the public 
through development and implementation of the Western Riverside County 
MSHCP. However, this critical habitat rule provides more specific 
information regarding essential habitat for Santa Ana sucker in 
Subunits 1B and 1C and can focus future conservation efforts under the 
plan as well as future conservation efforts under the SAS Conservation 
Program on protection of these areas. As stated above, there appear to 
be potential projects planned in the Santa Ana River that were not 
previously anticipated or evaluated as part of the Western Riverside 
County MSHCP (RCFCD 2010, p. 1) and have not been identified in the SAS 
Conservation Program that have the potential to adversely impact 
essential habitat where Santa Ana sucker occurs. These future projects 
may reflect a lack of public awareness regarding the commitments 
outlined in the Western Riverside MSHCP (Dudek and Associates, Inc. 
2003, pp. 6-24, F-19-20) and evaluated in the associated biological 
opinion (Service 2004c, p. 258). We have also received reports of 
unauthorized OHV use in the Santa Ana River in areas under the 
jurisdiction of the Western Riverside County MSHCP (Beehler 2010, pers. 
comm.) that we have determined to be essential to the conservation of 
Santa Ana sucker. From the extent of the usage, it appears that local 
law enforcement may not be aware of the potential impacts to this area. 
We believe that including areas in this Santa Ana sucker final critical 
habitat designation where these non-covered or unauthorized activities 
are currently taking place or may occur will provide valuable 
information to the permittees, local jurisdictions, SAS Conservation 
Program participants, and the general public regarding the importance 
of protecting the physical and biological features essential to the 
conservation of Santa Ana sucker in Subunits 1B and 1C. We consider 
this a significant educational benefit of designating these areas.
    The designation of critical habitat will provide significant 
regulatory and educational benefits that we believe will complement the 
conservation and recovery actions expected under the Western Riverside 
County MSHP and SAS Conservation Program. Designating critical habitat 
throughout the Santa Ana River in Subunits 1B and 1C will ensure: (1) 
An impact analysis for projects with a Federal nexus (through both a 
jeopardy analysis directed specifically at Santa Ana sucker and an 
adverse modification analysis directed specifically at designated 
critical habitat) is conducted; and (2) information will be provided to 
the local jurisdictions and the general public regarding the dynamic 
nature of the system, including the effects of hydrological alterations 
and modifications that influence the transport of water and coarse 
substrates (see Physical and Biological Features and Criteria Used To 
Identify Critical Habitat sections for detailed discussion), and the 
importance of the physical and biological features essential to the 
conservation of Santa Ana sucker.
    The designation of Santa Ana sucker critical habitat may also 
strengthen or reinforce some of the provisions in other State and 
Federal laws, such as the California Environmental Quality Act (CEQA) 
or the National Environmental Policy Act (NEPA). These laws analyze the 
potential for projects to significantly affect the environment. In 
Riverside

[[Page 77987]]

County, the additional protections associated with critical habitat may 
be beneficial in areas not currently conserved. Critical habitat may 
signal the presence of sensitive habitat that could otherwise be missed 
in the review process for these other environmental laws. In the case 
of CEQA, this could be of benefit, since CEQA may require additional 
review of projects that may affect critical habitat and protection of 
essential habitat if its destruction would constitute a significant 
environmental effect. The benefit would likely be minor in the case of 
NEPA, because NEPA does not require project proponents to protect 
sensitive habitat. We believe there would be some ancillary benefits 
under other laws of critical habitat designation in Subunits 1B and 1C 
because the species and its essential habitat are not currently 
conserved in these areas.
    Although there are significant regulatory and educational benefits 
and additional ancillary benefits of including Subunits 1B and 1C in 
critical habitat, there are also significant partnership benefits that 
would result from exclusion of these lands. As discussed in detail in 
the proposed revised critical habitat designation (74 FR 65056; 
December 9, 2009) and document making available the DEA (75 FR 38441; 
July 2, 2010), because many landowners, local jurisdictions, and others 
view designation of their lands as critical habitat unfavorably, the 
exclusion of essential habitat areas covered by the Western Riverside 
MSHCP and SAS Conservation Program would help to maintain and 
strengthen our partnerships with plan participants and also encourage 
new voluntary partnerships that could benefit Santa Ana sucker. The 
maintenance of existing partnerships and the creation of new 
partnerships to conserve the Santa Ana sucker constitutes a significant 
benefit of exclusion of Subunits 1B and 1C from designation.
    We recognize and appreciate the partnerships we have established 
through development and continued implementation of the Western 
Riverside MSHCP and SAS Conservation Program. However, the ultimate 
value of excluding lands from critical habitat in order to maintain 
existing and encourage future partnerships is the conservation for 
listed species and their habitat derived from such partnerships. While 
we acknowledge that measures to conserve Santa Ana sucker under the 
Western Riverside MSHCP are to be implemented over the life of the 
plan, to date, no habitat lands have been conserved. Existing 
unauthorized uses (OHV use) are occurring within essential habitat, and 
future activities that are not covered by the plan are contemplated 
that could adversely affect the Santa Ana sucker and its essential 
habitat. With regard to the SAS Conservation Program, section 7 
consultation under the Act to evaluate routine maintenance and other 
operations and future projects in the Santa Ana River planned by 
program participants has not yet been completed, and on-the-ground 
conservation actions anticipated under the program have yet to be put 
into place. We also believe that additional measures directed at the 
protection of the physical and biological features essential to the 
conservation of the species that are not directly addressed by either 
the Western Riverside County MSHCP or the SAS Conservation Program may 
be needed to ensure that the species will persist and recover within 
the Santa Ana River.
    In light of these circumstances, coupled with the current declining 
status of the species and its habitat in the Santa Ana River, we have 
not concluded that the partnership benefits of excluding Subunits 1B 
and 1C outweigh the regulatory and educational benefits afforded under 
section 7 of the Act as a consequence of designating critical habitat 
in these areas (as future projects are analyzed on a project-by-project 
basis).

Summary of Rationale for Including Areas Covered by the Western 
Riverside County MSHCP and SAS Conservation Program in This Final 
Critical Habitat Designation

    Although conservation measures from the Western Riverside County 
MSHCP and SAS Conservation Program are expected to benefit the Santa 
Ana sucker and its habitat, we believe the critical habitat designation 
will assist in achieving additional conservation not currently provided 
under the plan or program. Under most circumstances, a Federal nexus is 
expected (most likely with ACOE) for projects occurring within the 
boundary of the final revised critical habitat designation. The 
presence of a Federal nexus provides an opportunity for an additional 
regulatory review under section 7 of the Act that focuses on the 
specific physical and biological features and habitat essential for the 
conservation of the species. While we believe that the benefits of 
excluding lands from critical habitat designation may outweigh any 
regulatory and educational benefits of inclusion when the lands are 
already managed and conserved in perpetuity for the benefit of a listed 
species, neither the Western Riverside County MSHCP nor the SAS 
Conservation Program have established any conserved areas for the 
benefit of the Santa Ana sucker, and activities under the SAS 
Conservation Program are not currently managed to benefit the Santa Ana 
sucker and its habitat.
    Because on-the-ground management and conservation measures for the 
Santa Ana sucker are not yet in place and the status of the species and 
its habitat have continued to decline, the benefits afforded by the 
critical habitat designation are not redundant with existing 
protections afforded by the listing of the species or under the Western 
Riverside County MSHCP or the SAS Conservation Program. We recognize 
that significant benefits would be realized by forgoing designation of 
critical habitat within the jurisdiction of the Western Riverside 
County MSHCP and SAS Conservation Program, including encouragement of 
continued collaboration and cooperation with stakeholders and partners, 
and encouragement of the development of additional HCPs and other 
conservation plans in the future that contribute to the recovery of 
federally listed species (benefits of exclusion). However, in reviewing 
the specific circumstances of Santa Ana sucker, we have not concluded 
that the partnership benefits of excluding Subunits 1B and 1C outweigh 
the regulatory and educational benefits afforded under section 7 of the 
Act as a consequence of designating critical habitat in these areas. In 
any case, given the conservation status of the Santa Ana sucker, we did 
not exercise our delegated discretion to exclude lands within Subunits 
1B and 1C that are covered by the Western Riverside County MSHCP or 
within the jurisdiction of the SAS Conservation Program. Our 
determination not to exercise our delegated discretion to exclude 
Subunits 1B and 1C from critical habitat designation under section 
4(b)(2) of the Act is committed to agency discretion by law and is not 
reviewable (see Home Builders Ass'n of N. Cal. v. U.S. Fish & Wildlife 
Serv., 2006 U.S. Dist. LEXIS 80255 at *66 (E.D. Cal. Nov. 2, 2006); 
Cape Hatteras Access Preservation Alliance et al. v. U.S. Dept. of the 
Interior, 2010 U.S. Dist. LEXIS 84515 ** 36-38 (D.D.C. August 17, 
2010)).

Economic Analysis

    Under section 4(b)(2) of the Act, we consider the economic impacts 
of specifying any particular area as critical habitat. Following 
publication of the proposed critical habitat designation, we conducted 
an economic analysis to estimate the potential economic effect of

[[Page 77988]]

the designation. The DEA (dated June 8, 2010) was made available for 
public review and comment from July 2, 2010, to August 2, 2010 (75 FR 
38441). Substantive comments and information received on the DEA are 
summarized in the Summary of Comments and Recommendations section below 
and are incorporated into the final analysis, as appropriate. Taking 
any relevant new information into consideration, the Service completed 
a final economic analysis (FEA) (Industrial Economics, Incorporated 
(IEC) 2010b) of the critical habitat designation that updates the DEA 
by removing impacts that were not considered probable or likely to 
occur and appropriately adjusts impacts in response to additional 
information.
    In the July 2, 2010, Federal Register notice for reopening the 
comment period for proposed rule and noticing the availability of the 
DEA (75 FR 38441) for Santa Ana sucker, there were several errors 
associated with potential economic costs associated with the DEA. We 
have subsequently developed a FEA and correctly identified potential 
economic impacts of the final critical habitat designation
    The intent of the final economic analysis (FEA) is to quantify the 
economic impacts of all potential conservation efforts for Santa Ana 
sucker; some of these costs will likely be incurred regardless of 
whether we designate critical habitat (baseline). The economic impact 
of the final 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 (e.g., 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 consider in 
the final designation of critical habitat. The economic analysis uses 
the historical record to inform its assessment of potential future 
impacts of critical habitat and forecasts both baseline and incremental 
impacts likely to occur during the 20 year period following the 
designation of critical habitat. This period was determined to be the 
appropriate period for analysis because limited planning information 
was available for most activities to forecast activity levels for 
projects beyond a 20-year timeframe. However, for water management 
activities we used a 25-year time frame because water planning is 
conducted on a 25-year scale (IEC 2010b, p. ES-5).
    The FEA 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 FEA also 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 designation might unduly burden a particular group 
or economic sector.
    The primary purpose of the economic analysis is to estimate the 
potential incremental economic impacts associated with the designation 
of critical habitat for Santa Ana sucker. This information is intended 
to assist the Service in considering whether to exercise our delegated 
discretion to exclude any particular areas from critical habitat 
designation under section 4(b)(2) of the Act.
    Conservation efforts related to water management constitute the 
majority of total incremental costs (more than 99 percent) in areas of 
revised critical habitat. Transportation projects, residential and 
commercial development, and projected administrative costs make up the 
remaining incremental impacts (IEC 2010b, p. ES-2). The total future 
incremental impacts are estimated to be $22.3 to $702 million ($1.8 to 
$56.3 million annualized) in present value terms using a 7 percent 
discount rate over the next 20 years (2011 to 2030) in areas proposed 
as revised critical habitat (IEC 2010b, p. ES-5).
    Exhibit 3-1 of the FEA presents the estimated incremental costs to 
water management activities expected from the critical habitat 
designation (IEC 2010b, pp. 3-3--3-4). These costs are estimated using 
two scenarios, a High End Scenario and a Low End Scenario. Under the 
Low End Scenario, costs comprise anticipated conservation efforts for 
the species, including anticipated biological monitoring and survey 
costs, as well as other species protection efforts. These costs are 
attributed primarily to Subunit 1A, which is not considered to be 
currently occupied by Santa Ana sucker. The analysis also calculates a 
High End Scenario, which recognizes that there is some potential for 
critical habitat to result in a need for water management agencies to 
divert less water than currently used or planned to be used. Under this 
scenario, the analysis quantifies the value of water potentially made 
inaccessible by conservation requirements for Santa Ana sucker critical 
habitat designation. The majority of costs for both scenarios are 
associated with two proposed projects within the unoccupied Subunit 1A 
(Supplemental Water Supply Project at Seven Oaks Dam and the San 
Bernardino Municipal Water Department Water Factory Project). The 
substantial incremental costs within Subunit 1A are attributed to 
conservations efforts related to water management activities, 
particularly the replacement of water supplies that may be affected by 
the designation of critical habitat IEC 2010, p. ES-2). We believe the 
economic impact or incremental cost attributed to Subunit 1A in the FEA 
is likely inflated for two reasons:
    First, many of the future projects the FEA assumes will be affected 
by the designation of Subunit 1A would affect Santa Ana sucker and its 
habitat downstream in the currently occupied range of the Santa Ana 
River watershed (Subunits 1B and 1C) whether Subunit 1A is designated 
as critical habitat or not. The area covered by Subunit 1A is a primary 
source of coarse sediment in the upper Santa Ana River watershed, is a 
part of the Santa Ana River hydrologic system, and assists in 
maintaining water quality and temperature to downstream occupied 
reaches of the Santa Ana River. Because this area is essential to 
maintain the Santa Ana sucker downstream in the Santa Ana River 
watershed, it is very likely that the projects cited in the FEA would 
be determined to ``affect'' Santa Ana sucker downstream triggering a 
duty to consult under section 7 of the Act and that modifications or 
restrictions on the projects would be necessary (1) to avoid jeopardy 
to Santa Ana sucker, and (2) to minimize take of Santa Ana sucker 
regardless of whether critical habitat is designated in Subunit 1A. 
Therefore, we believe that the incremental cost reported by the FEA and 
attributed to Subunit 1A substantially overstates the actual cost 
associated with the critical habitat designation of this Subunit. 
Regardless of the designation of critical

[[Page 77989]]

habitat in Subunit 1A, projects (in Subunit 1A) could incur costs as a 
result of the duty to avoid jeopardy to Santa Ana sucker or adverse 
modification of Santa Ana sucker's critical habitat in Subunits 1B and 
1C in future section 7 consultations. These downstream occupied areas 
(Subunit 1B and 1C) would be considered part of the action area for 
projects that occur in Subunit 1A because activities in Subunit 1A are 
likely to affect Santa Ana sucker and the hydrologic system downstream. 
Thus, even absent critical habitat designation in Subunit 1A, some of 
the costs attributable to the section 7 consultation for a project in 
Subunit 1A (which are reported as incremental by the FEA) are more 
accurately attributed to Subunits 1B and 1C either as baseline costs 
resulting from the duty to comply with the jeopardy standard of section 
7(a)(2) of the Act or as incremental costs resulting from the separate 
section 7(a)(2) duty to avoid adverse modification of critical habitat 
designated in these Subunits.
    Second, although the High End Scenario for incremental costs 
reported in the DEA and FEA assumes that rights to water in Subunit 1A 
will be completely eliminated as a result of the critical habitat 
designation, we anticipate that some portion of the water diversions 
proposed or currently occurring can be accommodated consistent with the 
conservation measures necessary for Santa Ana sucker. As a part of the 
section 7 consultation procedure under the Act, for projects that would 
likely jeopardize a listed species or adversely modify designated 
critical habitat of a listed species, we usually are able to identify 
reasonable and prudent alternatives to avoid these outcomes. In our 
experience it is highly unlikely that Federal projects would be halted 
completely as a result of the critical habitat designation.
    In the case of Santa Ana sucker in the Santa Ana River, a single, 
integrated water system (including the area delineated by Subunit 1A 
and the processes it provides) is essential for the conservation of the 
species. Any future impact to the Santa Ana River watershed that may 
divert water supplies from the river or impact delivery of water or 
coarse sediments downstream would likely require section 7 consultation 
under the Act whether or not Subunit 1A is designated, because those 
activities would affect habitat conditions downstream that support 
Santa Ana sucker in occupied Subunits 1B and 1C. We also believe it is 
unlikely that future consultations involving Subunit 1A would preclude 
future water-related projects in this area. Therefore we believe that a 
significant portion of the costs identified as incremental to the 
designation of Subunit 1A would occur even in the absence of 
designation of the area as critical habitat and that such costs are 
overstated because they assume no development would occur in the area.
    Even assuming that substantial economic and other impacts will 
result from designation of Subunit 1A as discussed in the FEA and in 
comments submitted on the proposed rule and DEA, given the conservation 
status of the Santa Ana sucker, we did not exclude this area from 
critical habitat designation under section 4(b)(2) of the Act. As 
discussed earlier in the Critical Habitat Units Subunit 1A: Upper Santa 
Ana River section, this subunit is essential for the conservation of 
the species because it provides for essential processes, such as the 
transport of stream and storm waters that deliver coarse sediments 
necessary to maintain the habitat conditions essential to the survival 
and the recovery of the population of Santa Ana sucker downstream, 
which is one of only three extant populations in the three watersheds 
where the species naturally occurs.
    The FEA described above determined the baseline and incremental 
impacts of Santa Ana sucker critical habitat based on the 2009 proposed 
critical habitat designation (74 FR 65056, December 9, 2009) and the 
document that made available the DEA (75 FR 38441, July 2, 2010). As 
described above we have removed from the final critical habitat 
designation the areas of Plunge Creek and the Santa Ana River above 
Seven Oaks Dam (see Critical Habitat Units--Subunit 1A: Upper Santa Ana 
River section above). In light of the removal of these areas from the 
designation, we re-calculated the economic analysis to accurately 
represent the areas that are included in this final critical habitat 
designation. The memorandum to the FEA estimates that removal of the 
areas results in a decrease in incremental costs of $8.03 to $251 
million, or $648,000 to $20.1 million on an annualized basis, in 
present value terms using a 7 percent discount rate (IEC 2010c, pp. 3-
4). These costs consist of changes to water supply, development, and 
administrative impacts. The total future incremental costs in areas 
designated as revised critical habitat are estimated to be $14.3 to 
$450 million ($1.18 to $36.2 million annualized) in present value terms 
using a 7 percent discount rate (IEC 2010c, pp. 3-4). As discussed 
above, we believe that a significant portion of these costs would occur 
in the absence of designation of critical habitat and thus are more 
appropriately considered baseline costs and that the costs are 
overstated because the analysis assumes no development would occur in 
Subunit 1A.
    After consideration of the impacts under section 4(b)(2) of the 
Act, we did not exercise our delegated discretion to exclude any areas 
from the final critical habitat designation based on the economic 
impacts. Our determination not to exercise our delegated discretion to 
exclude any areas from critical habitat designation under section 
4(b)(2) of the Act is committed to agency discretion by law and is not 
reviewable (see Home Builders Ass'n of N. Cal. v. U.S. Fish & Wildlife 
Serv., 2006 U.S. Dist. LEXIS 80255 at *66 (E.D. Cal. Nov. 2, 2006); 
Cape Hatteras Access Preservation Alliance et al. v. U.S. Dept. of the 
Interior, 2010 U.S. Dist. LEXIS 84515 ** 36-38 (D.D.C. August 17, 
2010)).
    The final economic analysis and memorandum to the FEA is available 
at http://www.regulations.gov or upon request from the Carlsbad Fish 
and Wildlife Office (see ADDRESSES section).

Summary of Comments and Recommendations

    We requested written comments from the public on the proposed 
designation of critical habitat for Santa Ana sucker during two comment 
periods. The first comment period, associated with the publication of 
the proposed rule (74 FR 65056; December 9, 2009), opened on December 
9, 2009, and closed on February 8, 2010. We also requested comments on 
the proposed critical habitat designation and associated DEA during a 
comment period that opened July 2, 2010, and closed on August 2, 2010 
(75 FR 38441; July 2, 2010). Two public hearings were conducted on July 
21, 2010, in Corona, California. All verbal and written comments from 
these hearings have been incorporated into our response to comments 
below. We also contacted appropriate Federal, State, and local 
agencies; scientific organizations; and other interested parties and 
invited them to comment on the proposed rule and DEA during these 
comment periods. All substantive information provided during comment 
periods has either been incorporated directly into this final 
determination or addressed below.

Congressional Inquiries

    We received six congressional inquiries regarding the designation 
of critical habitat for Santa Ana sucker. These congressional parties 
requested

[[Page 77990]]

that we consider all economic impacts attributed to the designation of 
critical habitat. Our final economic analysis addresses information 
that was submitted and identifies the economic impacts attributed to 
the designation of critical habitat. The FEA and memorandum to the FEA 
are available for public review at http://www.regulations.gov.

Peer Review

    In accordance with our peer review policy published on July 1, 1994 
(59 FR 34270), we solicited expert opinions from five knowledgeable 
individuals with scientific expertise that included familiarity with 
the species, the geographic region in which the species occurs, and 
conservation biology principles pertinent to the species. We received 
responses from three of the peer reviewers.
    We reviewed all comments received from the peer reviewers for 
substantive issues and new information regarding critical habitat for 
Santa Ana sucker. The peer reviewers generally concurred with our 
methods and conclusions and provided additional information, 
clarifications, and suggestions that we incorporated into the rule to 
improve this final critical habitat designation. All comments are 
addressed in the following summary and incorporated into the final rule 
as appropriate.

Peer Reviewer Comments

    Comment 1: Two peer reviewers were supportive of the proposed 
revised critical habitat rule. They believe the rule was well supported 
by publications in scientific literature, corresponded with data from 
species and area experts, and included scientifically sound assumptions 
and analyses. They also stated the proposed revised critical habitat 
rule did a thorough and accurate job of delineating areas most 
important for recovery of Santa Ana sucker.
    Our Response: We appreciate the peer reviewers' critical review. We 
considered all new information received during the comment periods with 
equal thoroughness and accuracy, and anticipate an improved and equally 
high quality final revised critical habitat designation.
    Comment 2: One peer reviewer concurred with our analysis of the 
primary threats to Santa Ana sucker and description of the PCEs.
    Our Response: We appreciate the peer reviewer's critical review.
    Comment 3: Two peer reviewers concurred with our decision not to 
list the Santa Clara River population of Santa Ana sucker, while a 
third peer reviewer stated the Santa Clara River population should be 
discussed further. The third peer reviewer stated that although the 
downstream population may hybridize with Owens sucker, there is an area 
upstream protected from genetic exchange with Owens suckers. 
Additionally, the third peer reviewer stated there is no evidence of 
Santa Ana sucker introduction into the Santa Clara River; it is only an 
absence in early collections that leads to the conclusion of 
introduction. Although not specifically stated, the third peer reviewer 
seemed to imply they believed the upstream area should have been 
proposed as critical habitat.
    Our Response: We appreciate all three of the peer reviewers' 
critical reviews and concern for conservation of a genetically pure 
Santa Ana sucker population. More information on the Santa Clara River 
population of Santa Ana sucker can be found in the 2000 listing rule 
(65 FR 19686; April 12, 2000) and the proposed revised critical habitat 
designation (74 FR 65056; December 9, 2009). Our decision to not list 
the Santa Clara River population of Santa Ana sucker was made in the 
2000 listing rule (65 FR 19686; April 12, 2000) and reiterated again in 
the 2009 proposed revised critical habitat designation (74 FR 65056; 
December 9, 2009). We considered all areas potentially occupied by 
populations of Santa Ana sucker for proposal as revised critical 
habitat. Moyle (2002) and Chabot et al. (2009) have documented 
hybridization of Santa Ana suckers with Owens suckers in the Santa 
Clara River watershed. While we agree there is no documentation that 
Santa Ana suckers were introduced to the Santa Clara River (Service 
2000, p. 19687), the information in our files indicates populations in 
this area are not genetically pure (see Geographic Range and Status 
section above). We do not agree that there is an upstream area in the 
Santa Clara River protected from genetic exchange with Owens suckers; 
the dry gap in the upper watershed is not a permanent barrier to 
dispersal. Therefore, we determined that the Santa Clara River 
population is not part of the taxonomic entity listed under the Act and 
did not designate areas in this river as revised critical habitat. For 
more information on this subject, see the 2000 listing rule (65 FR 
19686; April 12, 2000), the proposed revised critical habitat (74 FR 
65056; December 9, 2009), and the Background section of this rule 
above.
    Comment 4: One peer reviewer concurred with our inclusion of City 
and Mill Creek in Subunit 1A as a source of gravel, cobble, and 
seasonal flows. The peer reviewer agrees that these substrates have 
decreased after the construction of Seven Oaks Dam in the upper Santa 
Ana River.
    Our Response: We agree with the peer reviewer. Historically, the 
upper Santa Ana River above Seven Oaks Dam was a principle contributor 
of coarse sediments to the lower portions of the Santa Ana River 
(Humphrey et al. 2004, p. 3). However, since the construction of the 
Seven Oaks Dam in the upper Santa Ana River, the amount of coarse 
sediment contribution attributed to this reach has declined. 
Tributaries (i.e., City Creek, Mill Creek, and Plunge Creek) in the 
upper watershed that feed into the Santa Ana River below the Seven Oaks 
Dam now contribute a majority of the coarse sediment to the lower 
reaches of the Santa Ana River (Humphrey et al. 2004, pp. 1-8). Studies 
indicate approximately 4,000 cubic feet per second (cfs) of water flow 
is necessary to carry gravel and cobble (Humphrey et al. 2004, p. 7). 
The USGS hydrologic flow data indicate that flows in both City and Mill 
Creek are sufficient to carry gravel and cobble downstream to the Santa 
Ana River. The USGS streamflow gauges located in the mainstem of the 
Santa Ana River (at the E Street crossing in San Bernardino and at the 
Metropolitan Water District crossing in Riverside) show peak flows 
above the critical water velocity necessary to carry gravel and 
cobbles. This indicates that gravel and cobbles that are available from 
the upper tributaries are transported to the currently occupied middle 
and lower reaches of the Santa Ana River. Because the delivery of 
suitable coarse sediments (cobble and gravel) is essential to the 
survival and recovery of Santa Ana sucker, we designate City and Mill 
Creek as final revised critical habitat in this rule.
    Comment 5: Two peer reviewers concurred that the rationale for 
selecting City Creek and Santa Ana River above Seven Oaks Dam for 
reintroduction was sound; however, they expressed concerns regarding 
the management actions required to address existing barrier impacts and 
the potential success of Santa Ana sucker reintroduction. They stated 
that the habitat appears suitable; however, the one documented 
historical Santa Ana Sucker record in City Creek may indicate marginal 
success of the species at this location in the past. They believe 
further consideration is necessary before any reintroduction effort 
begins to determine suitability for Santa Ana suckers.
    Our Response: We agree there are relatively few historical Santa 
Ana sucker records in City Creek and the

[[Page 77991]]

upper watershed of the Santa Ana River. To our knowledge, the study 
conducted by the Orange County Water District (OCWD 2009) provides the 
most recent and comprehensive reconnaissance data available. This study 
was conducted specifically to determine the most suitable habitats for 
Santa Ana sucker reintroduction. The study qualitatively evaluated 
habitat suitability and threat presence at each location, ranked each 
location (OCWD 2009, p. 6-2), and recommended the areas most likely to 
support viable populations (OCWD 2009, pp. 6-5-6-6). In this final 
critical habitat designation, we are not including as critical habitat 
areas that were previously identified solely for reintroduction 
purposes (74 FR 65056; December 9, 2009; 75 FR 38441; July 2, 2010). We 
now conclude that these areas are not essential because we lack 
information indicating that the areas were historically occupied by the 
species and lack sufficient information to support a determination that 
the areas are needed for the species' recovery. In particular, we lack 
supporting information regarding the feasibility of introducing the 
sucker at either location (such as water quality conditions, 
reliability of water flows, and presence of predatory and competing 
species). However, we plan to initiate development of a draft recovery 
plan in 2011, which may include the establishment of a recovery team 
that would seek the involvement of species experts, habitat experts, 
and stakeholders. We anticipate this recovery effort would evaluate the 
need for reintroduction and, if needed, evaluate these areas and other 
sites within the historical range of the species for potential recovery 
efforts.
    Comment 6: Two peer reviewers expressed concern regarding the Santa 
Ana sucker population in Subunit 1B. They stated tertiary-treated water 
discharge is the primary source of water in this reach of the Santa Ana 
River and they believe this may impact Santa Ana sucker. They cited 
Jenkins et al.'s (2009) study evaluating the impact of estrogen-
disrupting compounds (EDCs) on reproductive performance of male western 
mosquitofish (Gambusia affinis) as evidence that additional species-
specific studies, including monitoring and EDCs, should be conducted to 
determine effects on Santa Ana sucker.
    Our Response: We agree with the peer reviewer that tertiary-treated 
wastewater discharge is the primary source of water in this reach of 
the Santa Ana River especially during dry periods of the year. 
Therefore, the quantity and the quality of the water are important in 
this subunit. We agree that understanding and preventing potential 
negative effects of EDCs in tertiary-treated water on Santa Ana suckers 
is a priority. We were a cooperator and funded portions of the study 
referred to by the peer reviewer (Jenkins et al. 2009). This study 
indicates that presence of EDCs result in impaired reproductive and 
endocrine function in western mosquitofish (Gambusia spp.), and could 
present a threat to Santa Ana suckers that inhabit the same waters 
(Service 2008, pp. 1-3; Jenkins et al. 2009, pp. 1-40; Service 
unpublished information 2010b, p. 24). Therefore, we believe that the 
threat of EDCs to Santa Ana sucker may have long-lasting impacts to the 
species and warrants further study (Service unpublished information 
2010b, p. 24). Conventional pollutants may be a concern as well, and we 
are working with the USGS and others to further evaluate the 
contaminant sensitivity of Santa Ana sucker (Service 2008, p. 2). We 
will use results from these environmental contaminants investigations 
to work with the discharger, California Regional Water Quality Control 
Board, and the U.S. Environmental Protection Agency to prevent adverse 
impacts to water quality where Santa Ana suckers are present.
    In March 2007, the Service launched an initiative focused on the 
environmental and public health impacts of improper disposal of unused 
medications. We partnered with the American Pharmacists Association and 
the Pharmaceutical Research and Manufacturers of America to launch this 
special campaign, SMARxT Disposal, to inform people of ways to dispose 
of unwanted and unused medications in a safe and environmentally 
protective manner. This is one of many actions that could be taken to 
help address EDCs in tertiary-treated water. The nationwide campaign to 
educate the public regarding the threat posed by dissolved medication 
to all fish and wildlife, including Santa Ana sucker, is one action 
contributing to fish and wildlife species' conservation.
    Comment 7: One peer reviewer stated that the section 4(b)(2) 
exclusion being considered by the Secretary based on the SAS 
Conservation Program in Subunits 1B and 1C was appropriate if the 
participating parties maintain a high level of commitment to 
preservation and enhancement of Santa Ana sucker and its habitat.
    Our Response: We appreciate the peer reviewer's analysis. We 
considered the relative benefits of including and excluding from 
critical habitat areas in Subunits 1B and 1C that are covered by the 
SAS Conservation Program (see Rationale For Including the Western 
Riverside County MSHCP and SAS Conservation Program in This Final 
Critical Habitat Designation section for a complete discussion of this 
determination). We did not conclude that the benefits of excluding 
these lands outweigh the benefits of their designation. Our 
determination not to exercise our delegated discretion to exclude 
Subunits 1B and 1C from critical habitat designation under section 
4(b)(2) of the Act is committed to agency discretion by law and is not 
reviewable (see Home Builders Ass'n of N. Cal. v. U.S. Fish & Wildlife 
Serv., 2006 U.S. Dist. LEXIS 80255 at *66 (E.D. Cal. Nov. 2, 2006); 
Cape Hatteras Access Preservation Alliance et al. v. U.S. Dept. of the 
Interior, 2010 U.S. Dist. LEXIS 84515 ** 36-38 (D.D.C. August 17, 
2010)). We recognize and appreciate the commitment of our partners in 
the SAR Conservation Program. We believe all partnerships are valuable 
and will continue to work with the participants of the SAS Conservation 
Program to meet the needs of the species and all stakeholders.
    Comment 8: One peer reviewer expressed general agreement with our 
proposed revised critical habitat designation. In particular they were 
supportive of the inclusion of Subunit 1A.
    Our Response: We appreciate the peer reviewer's critical review.
    Comment 9: One peer reviewer stated that reintroduction of Santa 
Ana sucker above Seven Oaks Dam would be appropriate even though brown 
trout (Salmo trutta), a possible predator, is known to occur in the 
area. They stated other species of suckers are known to co-occur with 
this predator; therefore, Santa Ana suckers should also be able to co-
exist with brown trout. The peer reviewer stated this action to 
reintroduce the species should increase the species' range and 
contribute to its recovery.
    Our Response: We appreciate the peer reviewer's critical review and 
agree that brown trout presence does not preclude successful Santa Ana 
sucker reintroduction to unoccupied habitat. In this final critical 
habitat designation, we are not including as critical habitat areas 
that were previously identified solely for reintroduction purposes (74 
FR 65056; December 9, 2009; 75 FR 38441; July 2, 2010). We now conclude 
that these areas are not essential because we lack information 
indicating that these areas were historically occupied by the species 
and lack sufficient information to support a determination that these 
areas are needed for the species' recovery. See response to Comment 5 
above and Summary of Changes From

[[Page 77992]]

2009 Proposed Critical Habitat to This Final Critical Habitat 
Designation section.
    Comment 10: Two peer reviewers expressed support for including 
tributaries in the Santa Ana sucker critical habitat designation. They 
believe tributaries add habitat heterogeneity, provide refuge for 
young-of-year, and provide important areas for fish survival and 
reproduction because the floodplain of the mainstem may change through 
time (thus providing additional suitable habitat outside the mainstem 
of the river for Santa Ana suckers).
    Our Response: We appreciate the peer reviewers' critical review and 
agree that tributaries are important for species' survival and 
recovery. We included tributaries of the Santa Ana River, San Gabriel 
River, and Big Tujunga Wash in this final revised critical habitat 
designation. These tributaries contain the physical and biological 
features essential to the conservation of the species. Additionally, 
some tributaries were also designated because they assist in providing 
coarse substrates (sand, gravel, cobbles) for maintenance of habitat 
for Santa Ana sucker (see Critical Habitat Units section above).
    Comment 11: One peer reviewer concurred with the designation of the 
Santa Ana River and uninhabited tributaries of the San Gabriel and Big 
Tujunga areas as critical habitat because these areas contribute coarse 
sediments (gravel and cobbles) to the river and there is a correlation 
between the availability of coarse sediments and Santa Ana sucker 
abundance.
    Our Response: We appreciate the peer reviewer's critical review and 
agree that transport coarse sediment is an essential habitat component 
of Santa Ana sucker population survival and recovery (see Background 
and Physical and Biological Features sections above).
    Comment 12: One peer reviewer provided multiple examples of Santa 
Ana sucker abundance near tributaries and associated this with the 
addition of colder water to the mainstem of both the Santa Ana and San 
Gabriel Rivers. The reviewer also stated lower temperatures observed in 
the San Gabriel River contribute to the better condition of Santa Ana 
suckers within that watershed and decreased water temperatures should 
improve the condition of Santa Ana suckers in other portions of the 
species' range.
    Our Response: We appreciate the peer reviewer's critical review and 
agree that lower temperatures increase Santa Ana sucker habitat 
suitability and may contribute to better condition as well (see 
Background and Physical and Biological Features section).
    Comment 13: One peer reviewer critiqued three of our PCE 
definitions. First, the reviewer stated flow peaks and ebbs, whether 
natural or regulated, are not only generally important, but should 
mimic the variability of the natural hydrograph that occurs throughout 
the year. The reviewer also noted that Santa Ana sucker life stages are 
closely tied to these differences in flow regime during the year. 
Second, the peer reviewer stated that water depths in the range of 1.6 
ft (0.5 m) to 5 ft (1.5 m) are important; stream areas deeper than this 
are rare, not typical of Santa Ana sucker habitat, and almost always a 
result of a created pool below drop structures or outfalls. Third, the 
peer reviewer stated that water temperatures below 86 [deg]F (30 
[deg]C) are good, but they believe temperatures need to mimic natural 
temperatures so that Santa Ana sucker's physiological response is 
appropriate to favor survival.
    Our Response: We understand the peer reviewer's emphasis on the 
importance of restoring habitat conditions to which the species is best 
adapted. The PCEs identified for Santa Ana sucker are not temporally or 
seasonally based; however, the PCEs incorporate and encompass the 
fluctuation that the peer reviewer describes as a result of seasonal 
flows. Under the Act and its implementing regulations, we are required 
to identify the physical and biological features within the 
geographical area occupied by Santa Ana sucker at the time of listing 
that are essential to the conservation of the species and which may 
require special management considerations or protection. The physical 
and biological features are those PCEs laid out in a specific spatial 
arrangement and quantity determined to be essential to the conservation 
of the species. We are designating critical habitat in areas within the 
geographical area that was occupied by the species at the time of 
listing that continue to be occupied today, and that contain the PCEs 
in the quantity and spatial arrangement to support life-history 
functions essential to the conservation of the species. We are also 
designating areas outside the geographical area occupied by the species 
at the time of listing that are not occupied but are essential for the 
conservation of the species (see Primary Constituent Elements for the 
Santa Ana Sucker section above).
    Modification of suitable habitat and water availability has changed 
the flow regime in all watersheds occupied by Santa Ana suckers to some 
degree (see Critical Habitat Units section above). We agree that 
survival and recovery of Santa Ana sucker will require management of 
PCEs, in some cases to mimic historical conditions. However, PCEs 
describe essential, not historical or ideal, physical and biological 
features. Furthermore, to redefine PCEs to describe historical or ideal 
parameters would mean there would be no suitable habitats within the 
range of the species that currently contain PCEs. Therefore, based on 
our understanding of the PCEs and the other peer reviewers' support of 
the proposed PCEs, we have not revised the PCEs in this final rule to 
reflect the comments of this peer reviewer.
    Comment 14: One peer reviewer stated that the following tributaries 
of the Santa Ana River should also be listed as occupied at the time of 
listing: Arroyo Tesquesquite, Sunnyslope Creek, Anza Park Drain, and 
the lower outlet of Hidden Valley Drain.
    Our Response: The final listing rule states that protections are 
afforded to Santa Ana sucker by the Act in the Los Angeles, San 
Gabriel, and Santa Ana River drainages (65 FR 19686; April 12, 2000). 
The tributaries identified are within the Los Angeles, San Gabriel, and 
Santa Ana River drainages and considered occupied at the time of 
listing. Additionally, the listing rule states that the above-mentioned 
tributaries were used for spawning and nurseries (65 FR 19686; April 
12, 2000), and are therefore considered part of the listed entity and 
considered currently occupied (see the Critical Habitat Units--Subunit 
1B: Santa Ana River section above).
    Comment 15: One peer reviewer stated that critical habitat 
designation in Haines Creek should be limited to the portion below 
Interstate 210 and downstream of the mitigation site where two ponds 
were created.
    Our Response: The portion of Haines Creek above Interstate 210 was 
designated as revised critical habitat to capture necessary stream 
system connectivity, even if it is periodically dry (PCE 7). Moreover, 
this area likely provides the only source of stream and storm waters 
necessary to transport the coarse sediments that maintain preferred 
substrate conditions (PCE 2) in the Big Tujunga Wash Mitigation Bank 
downstream (Service 2009, p. 65073; Swift 2009, p. 1). Therefore, we 
believe the portion of Haines Creek above Interstate 210 meets the 
definition of critical habitat (see Critical Habitat section and our 
response to Comment 13 above).
    Comment 16: One peer reviewer clarified Haines Creek water flow in 
the Big Tujunga floodplain originates in the

[[Page 77993]]

channelized, concrete-lined Haines Creek Channel that enters upstream 
from the Interstate 210 about 1 mi (1.61 km), and the only permanent 
habitat for Santa Ana suckers is downstream of Interstate 210.
    Our Response: The area from which the peer reviewer asserts Haines 
Creek water flow originates was designated as critical habitat (Subunit 
3A) for processes related to stream and storm water transport of 
preferred coarse sediments to downstream habitats (PCEs 1 and 2) (see 
the Critical Habitat Units--Subunit 3A: Big Tujunga and Haines Creeks 
section above).
    Comment 17: One peer reviewer stated the recreational residences 
described in the proposed revised critical habitat rule may degrade 
water quality in the area and may result in dams that retain water for 
use in the event of fires. The peer reviewer is concerned about the 
illegal placement of these dams because they provide habitat for 
largemouth bass (Micropterus salmoides) that could increase the rate of 
predation on Santa Ana sucker.
    Our Response: We appreciate the peer reviewer's concerns regarding 
the threat of recreational residences to Santa Ana sucker and its 
habitat. The USFS does issue special use permits for recreational 
residences within the forest; however, while they do not promote the 
building of recreational dams, they do not have a policy regarding the 
activity (L. Welch 2010, pers. comm.). In the proposed revised critical 
habitat designation (74 FR 65056; December 9, 2009), we described 
activities within the listed range of Santa Ana suckers contributing to 
the threats of habitat destruction, degradation, and fragmentation, 
including recreational residences and recreational use of the river 
(unauthorized creation of dams for bathing, fishing, or dredging). We 
acknowledge that activities associated with recreational residences may 
require special management to ensure that the PCEs necessary for the 
survival and recovery of Santa Ana sucker are maintained (74 FR 65064; 
December 9, 2009). We are unaware of the extent of river water use for 
extinguishing fires. We are aware that largemouth bass are significant 
predators of small fish and may prey on Santa Ana suckers (McGinnis 
1984, p. 212). The designation of critical habitat will require the 
USFS to consult with the Service under section 7(a)(2) of the Act to 
ensure their actions will not result in jeopardy of the species or 
adverse modification of critical habitat. As such, the USFS will 
consider the impacts of their management actions on the physical and 
biological features essential to the conservation of Santa Ana sucker 
and may modify or mitigate actions to avoid jeopardy of Santa Ana 
sucker or adverse modification of critical habitat.
    Comment 18: One peer reviewer concurred with our use of a maximum 
gradient of 7 degrees to distinguish impassable areas of a river 
unsuitable for Santa Ana suckers. However, they also stated this 
gradient may be less important than individual (manmade) barriers 
throughout the watershed.
    Our Response: There are no previous studies to indicate what 
gradient is limiting for Santa Ana sucker. The 7 degree maximum 
gradient was determined by analyzing previous occurrence data and river 
gradient at those points. We evaluated the reaches of river that met 
the gradient qualification and then assessed the suitability of the 
habitat (see Criteria Used To Identify Critical Habitat section). We 
agree that impassable barriers such as permanent or inflatable dams and 
other drop structures in the river will present a barrier for fish 
passage. We recognize that some level of special management may be 
necessary to address these current and future threats to the physical 
and biological features essential to the conservation of the species 
(74 FR 65056; December 9, 2009).
    Comment 19: One peer reviewer expressed concerns about OHV use in 
the Santa Ana River in the early 2000s occurring specifically from the 
Riverside Freeway to the RIX facility and Rialto Drain.
    Our Response: We are aware that OHV use along the Santa Ana River 
is occurring and may impact Santa Ana sucker habitat. The area the peer 
reviewer mentioned does have signs posted that OHV use is not 
permitted. This area is within the jurisdiction of the both the SAS 
Conservation Program and Western Riverside County MSHCP, and OHV use in 
the area is prohibited. However, information indicates that measures 
provided under the plan and local law enforcement efforts may not be 
sufficient to deter unauthorized OHV use of the river in this area 
(Beehler 2010, pers. comm.). We included this area in the critical 
habitat designation and agree that it contains those physical and 
biological features essential to the conservation of the species that 
may require special management considerations or protection (see 
further discussion in the OHV discussion added to the Special 
Management Considerations or Protection section of this final rule).
    Comment 20: One peer reviewer stated that although the SAS 
Conservation Program conducts monitoring at a number of locations 
within the Santa Ana River, a more comprehensive river-wide survey is 
needed to adequately assess the occupancy status of Santa Ana sucker 
throughout the Santa Ana River.
    Our Response: We appreciate the peer reviewer's critical review and 
agree that a more comprehensive survey would help to guide recovery 
actions and determine Santa Ana suckers' rangewide status. However, we 
do not believe this information is necessary for our final revised 
critical habitat designation. We note that the goal of surveys 
conducted under the SAS Conservation Program is to provide information 
about the presence of Santa Ana sucker within the range of the program 
area; surveys conducted under the program are not intended to determine 
occupancy status throughout the species' range or even the entire Santa 
Ana River. The population monitoring that the SAS Conservation Program 
has undertaken since 2001 is only one of the activities that provides 
valuable information on the occupancy status and trends in population 
of Santa Ana sucker for this limited portion of the range. The SAS 
Conservation Program's objective is to provide for the conservation of 
Santa Ana sucker through development and implementation of a regional 
maintenance program for ongoing maintenance activities along the Santa 
Ana River. We believe the SAS Conservation Program provides valuable 
information on the status of Santa Ana sucker within the range of the 
Program's activities.

Federal Agency Comments

    Comment 21: The U.S. Army Corps of Engineers (ACOE) expressed their 
concern that the critical habitat designation in the Santa Ana River 
above Seven Oaks Dam, below Prado Dam, and in the upper Prado Dam Basin 
may impact the ongoing construction, operation, and maintenance of 
several elements of the Santa Ana River Mainstem Flood Control Project 
(SARP). The commenter is concerned that the designation of critical 
habitat would place significant restrictions on the manner in which the 
operations and management work is performed and potentially affect the 
lives and property of millions of citizens. They are also concerned 
that the economic analysis did not consider the potential impacts of 
the critical habitat designation to SARP.

[[Page 77994]]

    Our Response: The determination of whether activities or operations 
may adversely affect the areas designated as critical habitat for Santa 
Ana sucker would need to be evaluated on a project-specific basis by 
the Federal action agency and the Service. Consultation on existing or 
future Federal projects, if determined to be necessary, would be either 
reinitiated or initiated by the Federal action agency under section 7 
of the Act. Section 7 also allows for emergency consultations in 
response to an act of God, disasters, casualties, national defense, or 
security emergencies (such as to expedite measures required to ensure 
human health and safety) (50 CFR 402.05). Emergency consultation 
procedures allow action agencies to incorporate endangered species 
concerns into their actions during the response to an emergency. If a 
Federal agency must take emergency action that may affect a listed 
species or critical habitat, the agency would contact the Service to 
identify actions that could be implemented to minimize take of listed 
species while responding to the emergency. The Service is very 
sensitive to the need to allow response efforts necessary to avoid 
imminent loss of human life or property. The Federal action agency 
would initiate formal consultation after the fact and provide necessary 
documentation to the Service for an after-the-fact biological opinion 
that documents the effects of the emergency response on listed species 
or critical habitat. Therefore, we do not believe delays due to section 
7 consultation on flood control actions should pose a significant risk 
to human health and safety, and we did not exclude any areas from this 
final critical habitat designation on the basis of lengthy section 7 
consultation on flood control actions. Additionally, the final economic 
analysis includes potential impacts to Federal and non-Federal projects 
(see Economic Analysis section above and our response to comments on 
the economic analysis below).

State Agency Comments

    Comment 22: The California Department of Fish and Game (CDFG) 
identified additional areas that they believe would be suitable habitat 
for Santa Ana sucker reintroduction that we did not discuss 
specifically in the proposed revised critical habitat designation: 
Upper Santa Ana River to Heartbar Campground, Mill Creek and extending 
into Mountain Home Creek (near Forest Falls), Plunge Creek, Strawberry 
Creek, Lytle Creek, Cajon Creek, City Creek, Twin Creek, Santa Ana 
River from Gypsum Canyon Road to Weir Canyon, Aliso Creek, and San 
Jacinto Creek.
    Our Response: We appreciate CDFG's comment letter and information 
that it provided; however, in this final critical habitat designation, 
we are not including as critical habitat areas that were previously 
identified solely for reintroduction purposes (74 FR 65056; December 9, 
2009; 75 FR 38441; July 2, 2010). We now conclude that these areas are 
not essential because we lack information indicating that these areas 
were historically occupied by the species and lack sufficient 
information to support a determination that these or any other areas 
are needed for the species' recovery. See response to Comments 5 and 9 
above, and the Summary of Changes From 2009 Proposed Critical Habitat 
to This Final Critical Habitat Designation section.
    Comment 23: The CDFG expressed concern regarding habitat 
suitability in the upper Santa Ana River above Seven Oaks Dam and City 
Creek for possible reintroduction sites, as described in the proposed 
revised critical habitat rule. They stated the presence of brown trout 
would make these areas unsuitable for reintroduction, and that any 
program attempting to eradicate brown trout would conflict with 
recreational fishing.
    Our Response: We appreciate CDFG's comment letter and information 
that it provided; however, in this final critical habitat designation, 
we are not including as critical habitat areas that were previously 
identified solely for reintroduction purposes (upper Santa Ana River 
above Seven Oaks Dam or Plunge Creek; 74 FR 65056; December 9, 2009; 75 
FR 38441; July 2, 2010). We now conclude that these areas are not 
essential because we lack information indicating that these areas were 
historically occupied by the species and lack sufficient information to 
support a determination that these areas are needed for the species' 
recovery. See response to Comments 5, 9, and 22 above and the Summary 
of Changes From 2009 Proposed Critical Habitat to This Final Critical 
Habitat Designation section.
    Comment 24: The CDFG stated all the places mentioned as potential 
reintroduction sites in the Santa Ana River would require some 
management and monitoring because of the lack of connectivity between 
many of the tributaries and the Santa Ana River mainstem.
    Our Response: We concur with the CDFG and recognize that any 
reintroduction areas would likely require active management for 
successful reintroduction and proliferation of Santa Ana suckers. We 
appreciate CDFG's comment letter and information that it provided; 
however, in this final critical habitat designation, we are not 
including as critical habitat areas that were previously identified 
solely for reintroduction purposes (74 FR 65056; December 9, 2009; 75 
FR 38441; July 2, 2010). We now conclude that these areas are not 
essential because we lack information indicating that these areas were 
historically occupied by the species and lack sufficient information to 
support a determination that these areas are needed for the species' 
recovery. See response to Comments 5, 9, 22, 23 above, and the Summary 
of Changes From 2009 Proposed Critical Habitat to This Final Critical 
Habitat Designation Section.
    Comment 25: The CDFG stated there has been a reduction in coarse 
sediment transport as a result of the Prado Dam. They stated they are 
in favor of restoring sediment transport to the lower reaches of the 
Santa Ana River.
    Our Response: We agree that the construction and operation of the 
Prado Dam has likely inhibited the transport of coarse sediments, such 
as gravel and cobble. We recognize the importance of cobble and gravel 
substrates that provide suitable habitat for Santa Ana sucker 
reproduction, feeding or forage, and shelter (PCE 2) (Service 2009, p. 
65061). Diminished water and coarse sediment transport, and sediment 
removal, have been identified as a threat that may require special 
management (see Special Management Considerations or Protection section 
above). Special management actions may be necessary to replenish the 
lower reaches of the Santa Ana River with substrates necessary for the 
conservation of Santa Ana sucker (i.e., gravel and cobble).

Other Comments

Comments Related To Subunit 1A
    Comment 26: Ten commenters stated that Subunit 1A was determined to 
be not essential for the conservation of the Santa Ana sucker was 
excluded from the 2005 final critical habitat rule, and thus should 
also be excluded from this critical habitat designation. They also 
stated that Subunit 1A should be excluded because the economic burden 
to this area would be devastating if critical habitat is designated.
    Our Response: The commenters did not provide any explanation or new 
scientific information supporting their assertion that Subunit 1A 
should be excluded from this final revised critical habitat designation 
because it is not essential for the conservation of the Santa Ana 
sucker. They simply noted

[[Page 77995]]

that Subunit 1A was excluded in the 2005 final critical habitat rule 
(see the Summary of Changes From Previous Critical Habitat--Unit 1: 
Santa Ana River section above for specific discussion). We considered 
all new scientific information acquired since the 2005 final critical 
habitat rule, used more specific PCEs and higher resolution mapping 
when determining critical habitat, and conducted a new analysis of 
considered exclusions. We concluded the Santa Ana River above Seven 
Oaks Dam and Plunge Creek, which were previously identified as critical 
habitat in Subunit 1A, do not meet the definition of critical habitat 
because we lack information indicating that these areas were 
historically occupied by the species and we lack sufficient information 
to support a determination that these areas are needed for the species' 
recovery. In particular, we lack supporting information at this time 
regarding the feasibility of introducing Santa Ana sucker at either 
location. Furthermore, upstream movement of Santa Ana suckers from the 
Santa Ana River mainstem is precluded into Plunge Creek and into the 
upper Santa Ana River and Bear Creek. Additionally, a comprehensive 
conservation strategy for Santa Ana sucker has not been developed, 
although efforts are underway for us to develop a recovery outline and 
recovery plan. Therefore, we cannot conclude at this time that these 
areas are essential for the conservation of the species. In this final 
designation, Subunit 1A now encompasses the mainstem of the Santa Ana 
River from Tippecanoe Avenue to below Seven Oaks Dam, and City Creek 
and Mill Creek from their confluence with the Santa Ana River. We 
determined that this area meets the definition of critical habitat for 
Santa Ana sucker and believe it is essential for the conservation of 
the species. This subunit also contains PCEs necessary for Santa Ana 
sucker is one of the only locations within Unit 1 that is outside the 
highly urbanized area, and contributes essential water sources and 
coarse sediments to the downstream occupied areas of the Santa Ana 
River (see the Critical Habitat Units--Subunit 1A: Upper Santa Ana 
River section for additional discussion).
    The final economic analysis (FEA) indicates that designation of 
Subunit 1A could result in substantial economic costs, primarily 
resulting from restrictions on water diversions from the Santa Ana 
River. In the Economic Analysis section above, we point out that the 
``High End'' scenario presented in the FEA and the estimate of economic 
costs submitted by commenters likely substantially overstate the 
economic costs attributable to the designation of Subunit 1A because 
they assume that all future water diversions, rather than a portion of 
such diversions, would be prevented. We anticipate that some portion of 
the water diversions proposed or currently occurring could be 
accommodated by and would be consistent with the conservation measures 
necessary for Santa Ana sucker. We also point out that, as the FEA 
acknowledges, future restrictions on water diversions from the Santa 
Ana River necessary to ensure that Subunit 1A serves its conservation 
function for the species (which is to provide the essential physical 
and biological features such as the transport of water and coarse 
sediments) would also likely be necessary to ensure the survival of 
Santa Ana sucker itself in occupied Subunits 1B and 1C downstream. 
Thus, in the particular circumstances presented here, which consist of 
a single, integrated water system--the Santa Ana River watershed--any 
potential future restrictions on the diversion of water supplies from 
the river would likely occur whether or not Subunit 1A is designated as 
critical habitat, because such restrictions would be necessary to 
provide the habitat conditions downstream that support Santa Ana sucker 
in occupied Subunits 1B and 1C.
    Even assuming that substantial economic and other impacts will 
result from designation of Subunit 1A as discussed in the FEA and in 
comments submitted on the proposed rule and DEA, this area is not 
excluded under section 4(b)(2) of the Act. As discussed earlier in 
Critical Habitat Units Subunit 1A: Upper Santa Ana River, this subunit 
is essential for the conservation of the species because it provides 
for essential processes, such as the transport of stream and storm 
waters that deliver coarse sediments necessary to maintain the habitat 
conditions essential to the survival and the recovery of the population 
of Santa Ana suckers downstream, which is one of only three extant 
populations in the three watersheds where the species naturally occurs. 
Our determination not to exercise our delegated discretion to exclude 
Subunit 1A from critical habitat designation under section 4(b)(2) of 
the Act is committed to agency discretion by law and is not reviewable 
(see Home Builders Ass'n of N. Cal. v. U.S. Fish & Wildlife Serv., 2006 
U.S. Dist. LEXIS 80255 at *66 (E.D. Cal. Nov. 2, 2006); Cape Hatteras 
Access Preservation Alliance et al. v. U.S. Dept. of the Interior, 2010 
U.S. Dist. LEXIS 84515 ** 36-38 (D.D.C. August 17, 2010)).
    Comment 27: Ten commenters believe the Santa Ana River mainstem 
above Seven Oaks Dam should not be designated as critical habitat 
because the proposed critical habitat rule was not based on the best 
available scientific data. One commenter stated that this area did not 
meet the definition of critical habitat because it was not historically 
occupied by Santa Ana suckers. This commenter provided Santa Ana sucker 
museum collection maps from near the Southern California Edison 
Powerhouse Number 3, immediately downstream from the site of the Seven 
Oaks Dam. The commenter suggested that if we do designate this area as 
critical habitat, it should be described as an ``introduction'' 
location as opposed to a ``reintroduction'' location in the final 
revised critical habitat designation.
    Our Response: We agree with the commenters that Santa Ana sucker 
records do not exist upstream of Seven Oaks Dam; however, survey 
records for this species are not complete. As stated in the listing 
rule (65 FR 19686; April 12, 2000), we defined Santa Ana suckers' range 
to be rivers and large streams of the Los Angeles, San Gabriel, and 
Santa Ana River drainage systems in Los Angeles, Orange, Riverside, and 
San Bernardino Counties (65 FR 19686; April 12, 2000). However, in this 
final critical habitat designation, we are not including as critical 
habitat areas that were previously identified solely for reintroduction 
purposes (74 FR 65056; December 9, 2009; 75 FR 38441; July 2, 2010). We 
now conclude that these areas are not essential because we lack 
information indicating that these areas were historically occupied by 
the species and lack sufficient information to support a determination 
that these areas are needed for the species' recovery. See response to 
Comments 5, 9, 22, 23, 24 and 26 above, and the Summary of Changes From 
2009 Proposed Critical Habitat to This Final Critical Habitat 
Designation section.
    Comment 28: Eleven commenters stated the upper Santa Ana River 
Wash, including the Santa Ana River above the Seven Oaks Dam, City 
Creek, and Plunge Creek, is unsuitable for Santa Ana suckers. They 
specifically stated that the following make the areas unsuitable for 
Santa Ana suckers: (1) Presence of brown trout, a possible predator; 
(2) conflicts with Southern California Edison diversion dams and 
powerhouses; (3) lack of PCEs; (4) only periodic presence of water in 
certain areas; (5) periodic suitability of water

[[Page 77996]]

quality; and (6) periodic inundation by flood waters. Additionally, the 
commenters state any reintroduction in this area is arbitrary and 
capricious, and, moreover, there is no recovery plan for the species to 
guide conservation efforts.
    Our Response: In this final critical habitat designation, we are 
not including as critical habitat areas that were previously identified 
solely for reintroduction purposes (74 FR 65056; December 9, 2009; 75 
FR 38441; July 2, 2010). We now conclude that these areas are not 
essential because we lack information indicating that these areas were 
historically occupied by the species and lack sufficient information to 
support a determination that these areas are needed for the species' 
recovery. See response to Comments 5, 9, 22, 23, 24 and 26 above, and 
the Summary of Changes From 2009 Proposed Critical Habitat to This 
Final Critical Habitat Designation section. We are, however, 
designating critical habitat in City Creek, Mill Creek, and the Santa 
Ana River above Tippecanoe Avenue because these areas are essential for 
the conservation of the Santa Ana sucker. They provide a source of 
water and coarse sediment necessary to maintain all life stages of 
Santa Ana sucker (PCE 1) to downstream occupied areas, which is an 
essential physical and biological feature for Santa Ana sucker. We 
disagree with the commenters' suggestion that the reintroduction of 
Santa Ana suckers into the areas above Seven Oaks Dam and Plunge Creek 
is arbitrary and capricious. We based our revised proposed critical 
habitat designation (74FR 65056; December 9, 2009) on the study 
conducted by the Orange County Water District (OCWD 2009), which 
provides the most recent and comprehensive reconnaissance data 
available. This study was conducted specifically to determine the most 
suitable habitats for Santa Ana sucker reintroduction. The study 
qualitatively evaluated habitat suitability and threat presence at each 
location, ranked each location (OCWD 2009, p. 6-2), and recommended the 
areas most likely to support viable populations (OCWD 2009, pp. 6-5-6-
6). However, at this time, we are not designating critical habitat 
solely for the purpose of reintroduction.
    Comment 29: Six commenters stated that the ``State Water Resources 
Control Board Decision 1649'' (State Water Board's Decision 1649) 
determined the Santa Ana River upstream of Seven Oaks Dam is not 
essential for Santa Ana sucker; therefore, the commenters believe this 
area should not be designated as critical habitat.
    Our Response: The commenters state that the State Water Board's 
Decision 1649, which was made in October 2009, followed the California 
Regional Water Quality Control Board's Santa Ana River Basin Plan 
(CRWQCB 2008), which does not list the upper Santa Ana River watershed 
in the Beneficial Use category based on presence of federally listed 
species under the Act (CRWQCB 2008, pp. 3-1--3-42). However, we 
anticipate that the CRWQCB will include this critical habitat 
designation in their evaluation when determining beneficial uses in 
future plans for the Santa Ana River basin. The commenters stated that 
the CRWQCB determined the area is ``not essential.'' However, the 
CRWQCB language was not used in the context of critical habitat as 
defined under section 3 of the Act. ``Critical habitat'' is a term of 
art under the Act. A designation of critical habitat is made by the 
Service in accordance with the provisions of the Act and its 
implementing regulations. Critical habitat designation is not required 
under and is not governed by State law. When we conduct a critical 
habitat analysis, we use the best available scientific data to 
determine 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 which 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 (see Critical Habitat section above). The State Water Board 
is not charged with the legal responsibility to designate critical 
habitat, and Decision 1649 does not incorporate critical habitat as 
defined by the Act (as we did in the proposed revised critical habitat 
rule and in this final rule). Thus, any decision made by the State 
under State law regarding ``essential'' Santa Ana sucker habitat cannot 
supersede this Santa Ana sucker final critical habitat analysis and 
designation. We note that CRWQCB (2009, p. 23) decision 1649 
specifically states that any analysis of impacts of potential water 
conservation operations (i.e., diversion or holding for sale of water) 
on endangered species must be consulted on to the extent of the law to 
ensure all appropriate agencies have been consulted. Specific analysis 
of water diversions or holding (water conservation) as a result of the 
CRWQCB's decision on Santa Ana sucker and its essential habitat must be 
evaluated under section 7 of the Act. It is through section 7 
consultation that we will evaluate the impacts of the proposed water 
diversion or conservation operations on Santa Ana sucker and its 
designated critical habitat.
    As discussed in the Summary of Changes From 2009 Proposed Critical 
Habitat to This Final Critical Habitat Designation section, the Santa 
Ana River upstream of Seven Oaks Dam was determined not essential for 
the conservation of Santa Ana sucker, because we lack information 
indicating that these areas were historically occupied by the species 
and lack sufficient information to support a determination that these 
areas are needed for the species' recovery. Therefore, we are not 
designating the area above Seven Oaks Dam as critical habitat in this 
final rule.
    Comment 30: Six commenters stated that the Santa Ana River mainstem 
from Seven Oaks Dam to Tippecanoe Avenue should not be designated as 
critical habitat because this area is not essential for the 
conservation of the species. They stated that the Service did not 
describe the particular function of the PCEs present in this portion of 
the river. They reference the proposed revised critical habitat rule 
regarding the description in the Subunit 1A: Upper Santa Ana River 
section that indicates the upstream reach provides spawning and feeding 
substrates (Service 2009, p. 65070). However, the commenters believe 
the Service did not clearly identify why this area was being designated 
as critical habitat, and, therefore, the Service should not designate 
this area without clearly stating why it is essential for the 
conservation of the species. They stated that this stretch of the river 
is an intermittent stream and according to Humphrey et al.'s (2004) 
report evaluating the proposed revised critical habitat, only Mill and 
City Creeks and other streams provide downstream sediments.
    Our Response: The best available scientific data do not support the 
commenters' assertion that the Santa Ana River mainstem from Seven Oaks 
Dam to Tippecanoe Avenue does not meet the definition of critical 
habitat (see our response to Comment 28 above). USGS gauge data 
indicate that the area between Seven Oaks Dam and Tippecanoe Avenue 
supports high flows (above 4,000 cfs) that are frequent enough for 
transport of gravel and cobbles. Furthermore, even river reaches that 
are intermittently dry provide a connective corridor (when sufficient 
flows are present) for transport of coarse sediment (PCE 2) from City 
and Mill

[[Page 77997]]

Creeks and water from the Santa Ana River above Seven Oaks Dam (PCE 1). 
As stated in supporting documentation from the commenters' submission, 
the Santa Ana River above Seven Oaks Dam was historically a principle 
contributor of coarse sediment to the lower portions of the river. 
Currently, Mill and City Creeks are two of the main sediment 
contributors (Humphrey et al. 2004, pp. 2-3). A connected and 
integrated system that can deliver the necessary coarse sediments to 
the lower reaches is required for species' survival and recovery. We 
are designating critical habitat in City Creek, Mill Creek, and the 
Santa Ana River above Tippecanoe Avenue because these areas are 
essential for the conservation of the species; they provide a source of 
water and coarse sediment necessary to maintain all life stages of 
Santa Ana sucker (PCE 1) to downstream occupied areas.
    Comment 31: Six commenters believe the Service cited ``new 
information'' as the reasoning behind the proposed revisions to 
critical habitat, without clearly explaining what this ``new 
information'' was.
    Our Response: We agree with the commenters and thus provide 
clarification and reiteration of this new information in the Background 
and Physical and Biological Features section above. The Summary of 
Changes From Previously Designated Critical Habitat section also 
describes specific revisions to the critical habitat designation and 
explanations of these changes.
    Comment 32: Six commenters believe designation of critical habitat 
in Subunit 1A would contradict the State Water Resources Control 
Board's Decision 1649 to allow permitted water districts to divert up 
to approximately 200,000 acre-feet of water annually during storm 
events. They stated these water rights are a form of property, and 
critical habitat designation would likely constitute both a physical 
and regulatory ``taking'' of property that would require Government 
compensation under the Takings Clause.
    Our Response: Regarding the relationship of the State Water 
Resources Control Board's Decision 1649 and this designation of revised 
critical habitat for the Santa Ana sucker, see our response to comment 
29 above. We do not agree that critical habitat designation would 
constitute a physical and regulatory taking of property. The 
designation of critical habitat, in and of itself, has no legal effect 
on property rights and clearly does not effect a physical or regulatory 
``taking'' of property. Critical habitat designation does not in and of 
itself affect or preclude property use; rather, it comes into play 
under section 7 of the Act when a proposed Federal action may adversely 
affect critical habitat. In the event an adverse finding is made in a 
section 7 consultation, the Service is required to identify any 
available reasonable and prudent project alternatives that would avoid 
adverse modification. The Act also incorporates procedures to exempt 
specific Federal actions from the mandates of section 7(a)(2) where 
irreconcilable conflicts exist. The Act contains thus contains several 
measures to reconcile the needs of listed species and their essential 
habitat with the needs of private or non-Federal landowners. The 
commenters' assertion that the designation of critical habitat for the 
Santa Ana sucker affects a regulatory or physical taking of private 
property is erroneous as a matter of law.
    Comment 33: Nine commenters asserted City Creek should not be 
designated as critical habitat because it was excluded from the 2005 
final critical habitat designation (70 FR 425; January 4, 2005). They 
also believe City Creek is currently unoccupied and does not provide a 
significant source of sediment to the Santa Ana River mainstem. 
Additionally, they stated the proposed revised critical habitat 
designation was improper for reintroduction because brown trout are 
present in the creek.
    Our Response: The commenters did not provide any explanation or new 
information supporting their assertion that City Creek should be 
excluded from this final critical habitat designation, other than City 
Creek was not included in the 2005 final critical habitat rule as a 
policy decision to not include areas for maintenance of processes. We 
considered all new information acquired since the 2005 final critical 
habitat rule and conducted a new analysis of considered exclusions (see 
Exclusions section above). We determined this area meets the definition 
of critical habitat for Santa Ana sucker and believe the area and the 
process it provides are essential for the conservation of the species. 
This subunit not only contains the PCEs necessary to conserve Santa Ana 
sucker, it is one of the only locations within this unit that is 
outside the highly urbanized area. We are designating critical habitat 
in City Creek, Mill Creek, and the Santa Ana River above Tippecanoe 
Avenue because these areas are essential for the conservation of the 
species. They provide a source of water and coarse sediment, an 
essential physical and biological feature necessary to maintain all 
life stages of Santa Ana sucker (PCEs 1 and 2), in downstream occupied 
areas. Under section 3(5)(A)(ii) of the Act, critical habitat may 
include 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.
    Comment 34: Six commenters believe if Mill and City Creeks are 
designated as critical habitat, the critical habitat designation must 
be seasonally limited to allow implementation of local projects that do 
not impact water and sediment flows.
    Our Response: The definition of critical habitat does not allow for 
the designation of critical habitat on a temporal basis. Furthermore, 
critical habitat does not create a prohibition of activities. If the 
referenced temporally variable activities do not adversely affect 
habitat (i.e., do not adversely impact water and sediment flows), then 
critical habitat should not have any regulatory effect on those 
activities (see Critical Habitat section above). The PCEs that we 
determined to be essential to the conservation of the species may not 
always be present in a single area at a single point in time; 
therefore, the dynamic nature of the system is represented by the PCEs 
and does not incorporate seasonality. See also responses to Comments 13 
and 33 above for reasoning behind designating these areas.
    Comment 35: One commenter stated that their current operations in 
City Creek and Santa Ana River include maintenance of the Inland Feeder 
and blow-off structures used to discharge water (approximately 50 acre-
feet (61,67 cubic-meters)) into both rivers. They stated that these 
operations would not affect sediment transport in the watershed but may 
impact Santa Ana suckers if they were reintroduced into City Creek.
    Our Response: We appreciate the information provided by the 
commenter. In this final critical habitat designation, we are not 
including as critical habitat areas that were previously identified for 
reintroduction purposes (74 FR 65056; December 9, 2009; 75 FR 38441; 
July 2, 2010). We now conclude that potential reintroduction areas are 
not essential because we lack information indicating that these areas 
were historically occupied by the species and lack sufficient 
information to support a determination that these areas are needed for 
the species' recovery. See response to Comments 5, 9, 22, 23, 24, 27, 
and 28 above, and Summary of Changes From 2009 Proposed Critical 
Habitat to This Final Critical Habitat Designation section. We are, 
however, designating critical habitat in City

[[Page 77998]]

Creek, Mill Creek, and the Santa Ana River above Tippecanoe Avenue 
because these areas are essential for the conservation of the Santa Ana 
sucker; they provide a source of water and coarse sediment necessary to 
maintain all life stages of the species (PCE 1) to downstream occupied 
areas, which is an essential physical and biological feature for Santa 
Ana sucker. City Creek and Mill Creek are also part of the functioning 
hydrologic system and assist in maintaining water quality and 
temperature to downstream occupied reaches of the Santa Ana River. 
Under section 3(5)(A)(ii) of the Act, critical habitat may include 
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. Therefore, we are 
designating City Creek, Mill Creek, and the Santa Ana River above 
Tippecanoe Avenue as critical habitat because they are essential for 
the conservation of the Santa Ana sucker. They provide a source of 
water and coarse sediment necessary to maintain all life stages of 
Santa Ana sucker in currently occupied areas.
    Comment 36: Four commenters believe that the designation of Mill 
Creek to preserve a fluvial process is unnecessary because this process 
will occur without the designation of critical habitat. Further, they 
stated that the designation of critical habitat does not create more 
water or coarse substrate, and they believe we need to have a 
foreseeable threat to the area or the process to justify the 
designation (otherwise the commenters believe the designation is 
arbitrary).
    Our Response: We are designating Mill Creek as critical habitat for 
Santa Ana sucker because it is essential for the conservation of the 
Santa Ana sucker; it serves as a source of water and coarse sediment 
(PCEs 1 and 2) that will be transported to the downstream occupied 
areas (see the description of Critical Habitat Units--Subunit 1A: Upper 
Santa Ana River section above). Mill Creek has been documented as a 
significant source of coarse sediment (PCE 2) to the lower Santa Ana 
River (Humphrey et al. 2004, p. 2). Mill Creek also assists in 
maintaining water quality (PCE 4) and temperature (PCE 5) to occupied 
reaches downstream. The designation as critical habitat provides an 
opportunity for the Service to consult on Federal projects that may 
impact these physical and biological features essential to the 
conservation of the species. Therefore, we determined that Mill Creek 
meets the definition of critical habitat (see description of Unit 1: 
Santa Ana River under the Critical Habitat Units section above) and are 
designating approximately 12 mi (19.3 km) of Mill Creek as critical 
habitat as a source of water (PCE 1) and coarse sediment (PCE 2) 
necessary to maintain all life stages of Santa Ana sucker. Contrary to 
the commenters' suggestion, we are not required to identify a 
foreseeable threat to an essential habitat area or identify specific 
features essential to the conservation of the species to justify 
designation of areas, such as Mill Creek, that are outside the 
geographical area occupied by the species at the time of listing. We 
have concluded that even though this area is unoccupied, and was not 
occupied at the time of listing, it is essential for the conservation 
of Santa Ana sucker because it provides for the essential process of 
water and coarse sediment delivery to occupied downstream areas of the 
Santa Ana River.
    Comment 37: One commenter believes that other and lower-order 
tributaries than those proposed as revised critical habitat should be 
evaluated for critical habitat designation specifically for the 
purposes of refugia from predators and locations for flood control and 
operation of hydroelectric power facilities.
    Our Response: We did include tributaries within all three critical 
habitat units (i.e., Sunnyslope Creek and Rialto Drain in the Santa Ana 
River, Bear Creek and Big Mermaids Canyon Creek in the San Gabriel 
River, and Delta Canyon Creek and Gold Canyon Creek in Big Tujunga 
Creek) that may provide refugia within occupied areas from predators, 
flood control, and operation of hydroelectric power facilities. See 
response to Comment 5, 9, 22, 23, 24, 27, 28, and 36 above, and the 
Summary of Changes From 2009 Proposed Critical Habitat to This Final 
Critical Habitat Designation section.
    Comment 38: One commenter stated that, in Subunit 1A, all 
facilities (and a buffer) associated with operation of hydroelectric 
power facilities or water delivery should be excluded from the final 
critical habitat designation because these areas do not provide PCEs at 
this time or in the future. Additionally, the commenter stated that 
designation of critical habitat may expose hydroelectric power 
facilities to take of Santa Ana suckers.
    Our Response: We appreciate the commenter's concern that facilities 
associated with operation of hydroelectric power facilities or water 
delivery do not provide the PCEs necessary for the conservation of 
Santa Ana sucker. When designating critical habitat boundaries within 
this final rule, we made every effort to avoid including developed 
areas such as lands covered by buildings, pavement, and other 
structures, because such lands lack essential features for Santa Ana 
sucker. The scale of the maps prepared under the parameters for 
publication within the Code of Federal Regulations may not reflect the 
exclusion of all such developed lands. Any such structures and the land 
under them inadvertently left inside critical habitat boundaries shown 
on the maps of this final revised critical habitat are excluded by text 
in this final rule. Therefore, a Federal action involving the 
facilities mentioned by the commenter would not trigger section 7 
consultation with respect to critical habitat; however, section 7 
consultation would be necessary if operations of the facility impact 
the Santa Ana sucker or its habitat. If operations may impact the Santa 
Ana sucker, the Federal agency involved would be responsible for 
entering into consultation with the Service under section 7 of the Act.
    We note that critical habitat designation is not relevant to the 
question of whether a proposed action may result in take of Santa Ana 
sucker. Unauthorized take of listed animal species is prohibited under 
section 9 of the Act. ``Harm'' as a form of take under the Act includes 
significant habitat modification that actually injures or kills a 
listed species by significantly affecting one or more of their 
essential behavioral patterns, such as breeding, feeding, or 
sheltering. Habitat modification that results in injury or death to a 
listed species is prohibited whether or not the habitat modified has 
been designated as critical habitat.
    Comment 39: One commenter stated that we need to document a ``real 
possibility'' of extirpation of an entire area to justify the 
designation of critical habitat outside the geographic range of Santa 
Ana sucker at the time of listing.
    Our Response: The commenter is incorrect. The definition of 
critical habitat is defined in section 3 of the Act as:
    (i) 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
    (I) Essential to the conservation of the species and
    (II) That may require special management considerations or 
protection; and
    (ii) Specific areas outside the geographical area occupied by a 
species at the time it is listed, upon a determination that such areas 
are

[[Page 77999]]

essential for the conservation of the species.
    Documentation of the possibility of extirpation is not a 
requirement that must be met in order for areas to meet the definition 
of critical habitat. We are designating areas outside the geographical 
range of Santa Ana sucker at the time of listing in Subunit 1A because 
we have determined that such areas are essential for the conservation 
of the species.
Comments Related to the Santa Ana Sucker Conservation Program (SAS 
Conservation Program)
    Comment 40: Eighteen commenters expressed support for exclusion of 
lands covered by the SAS Conservation Program and stated that 
designation of critical habitat often provides little additional 
protection for listed species because section 7 of the Act already 
requires Federal agencies to ensure their actions do not jeopardize the 
continued existence of a listed species (70 FR 425; January 4, 2005). 
They further believe that exclusion of Subunits 1B and 1C will not 
result in extinction of the species.
    Our Response: We understand the commenters' reasoning; however, we 
carefully and thoroughly analyzed this issue and have not concluded 
that the benefits of excluding lands in Subunits 1B and 1C within the 
jurisdiction of the SAS Conservation Program outweigh the benefits of 
including these lands in the final critical habitat designation. See 
Rationale For Including the Western Riverside County MSHCP and SAS 
Conservation Program in This Final Critical Habitat Designation section 
above for a detailed discussion of this analysis.
Comments Related to the Western Riverside County Multiple Species 
Habitat Conservation Plan (Western Riverside County MSHCP)
    Comment 41: Five commenters believe that lands covered by existing 
conservation plans should be excluded from the final revised critical 
habitat designation because of the conservation benefit of the 
partnerships. They further state that Santa Ana sucker is a covered 
species under the Western Riverside County MSHCP, and therefore lands 
within this plan area in Subunits 1B and 1C should be excluded from the 
final revised critical habitat designation.
    Our Response: The Western Riverside County MSHCP has provided an 
opportunity for valuable partnerships to be established and 
conservation measures for Santa Ana sucker to be implemented. However, 
in evaluating the partnership benefits contributed by the Western 
Riverside County MSHCP in the context of the current status and 
continued decline of the species and its habitat, we have not concluded 
that the partnership benefits of excluding lands covered by the Western 
Riverside County MSHCP outweigh the benefits of including these areas 
in the final critical habitat designation. Therefore, we are not 
excluding any lands covered by the Western Riverside County MSHCP in 
this designation under section 4(b)(2) of the Act in this final 
critical habitat rule. Please see the Rationale For Including the 
Western Riverside County MSHCP and SAS Conservation Program in This 
Final Critical Habitat Designation section of this rule for a detailed 
discussion of this decision.
Comments Related to Areas Designated as Critical Habitat
    Comment 42: One commenter believes that the portion of the Santa 
Ana River from Tippecanoe Avenue to the La Cadena drop structure in 
Subunit 1B does not meet the definition of Santa Ana sucker critical 
habitat. The commenter reasoned this area does not meet the definition 
of critical habitat because it: (1) Is not currently occupied, (2) was 
not considered occupied at the time of listing, (3) is dry and 
concrete-lined in places, and (4) has areas that block fish passage. 
The commenter asserted they have been removing sediment from the system 
to maintain low-flow channels and are not aware this activity is 
impacting the transport of sediment to occupied locations downstream.
    Our Response: We determined the Santa Ana River from Tippecanoe 
Avenue to the La Cadena drop structure to be essential to the 
conservation of the species, and consider this area to have been 
occupied at the time of listing (Service 2000, p. 19686; Service 2009, 
p. 65071). Currently, upstream movement of Santa Ana suckers is 
precluded by the drop structure at La Cadena Drive and this area is 
unoccupied by Santa Ana sucker. However, this reach of the river above 
La Cadena Drive is a connective corridor for sediment and water 
transport (PCE 1), even though it may be periodically dry (PCE 7). The 
best available scientific data indicate that this area contributes 
coarse sediment required for Santa Ana sucker breeding and feeding to 
the lower reaches of the river (Humphrey et al. 2004, pp. 2-3; USGS 
gauge data). The definition of critical habitat does not require 
habitat to be currently occupied or to have been occupied at the time 
of listing (see Critical Habitat section above); therefore, lack of 
current occupancy by Santa Ana suckers does not preclude critical 
habitat designation. We are designating critical habitat in City Creek, 
Mill Creek, and the Santa Ana River above La Cadena Drive and 
Tippecanoe Avenue because these areas provide a source of water and 
coarse sediment necessary to maintain all life stages of Santa Ana 
sucker (PCE 1) to downstream occupied areas, which is an essential 
physical and biological feature for Santa Ana sucker. These areas are 
essential for the conservation of the species.
    We are also unaware of what impacts sediment removal may have on 
the functioning of the watershed system as a whole. A study detailing 
sediment transport within the system is needed to understand how 
extraction of sediment may be impacting Santa Ana sucker habitat. 
Answering this question is an important aspect of recovery planning 
because recent research has shown Santa Ana suckers are limited by the 
availability of suitable habitat for all life stages (Thompson et al. 
2010, pp. 321-332). Because hydrologic system connectivity is important 
for the transport of coarse sediment and water downstream, this area 
was determined to be essential to the conservation of the species and 
therefore designated as critical habitat in this final rule.
    Comment 43: One commenter believes the critical habitat designation 
was incomplete because it did not include any of the Santa Clara River 
Santa Ana sucker population. The commenter believes the discussion of 
PCEs in the Santa Clara River is lacking and the persistence of the 
species in this river reinforces the need to include this watershed in 
the final critical habitat designation.
    Our Response: The Santa Clara River population of Santa Ana sucker 
does not belong to the entity listed under the Act; therefore, we did 
not designate areas in this river as final revised critical habitat. 
See the Geographic Range and Status sections of the proposed revised 
critical habitat designation (74 FR 65056; December 9, 2009), this 
final rule, and our response to Comment 3 above for a more detailed 
discussion of this issue.
    Comment 44: One commenter believes the proposed revised critical 
habitat designation was incomplete because it did not include 
additional unoccupied habitat. They asserted that data exist describing 
Santa Ana River tributaries in San Bernardino County such as Mill, 
Plunge, City, Strawberry, Twin, Lytle, and Cajon Creeks and the Upper 
Santa Ana River upstream of Seven Oaks Dam that are good candidate 
habitats for Santa Ana sucker reintroduction.

[[Page 78000]]

    Our Response: We understand the commenter's concerns and agree that 
reintroduction is likely needed for recovery of Santa Ana sucker. 
However, in this final critical habitat designation, we are not 
including areas that we proposed solely for reintroduction as critical 
habitat. We now conclude that these areas are not essential because we 
lack information indicating that these areas were historically occupied 
by the species and lack sufficient information to support a 
determination that these areas are needed for the species' recovery. We 
require more specific data detailing the need for reintroduction and 
the suitability of particular locations for reintroduction; therefore, 
we are not designating areas solely for the purpose of reintroduction. 
See response to Comments 5, 9, 22, 23, 24, 27, 28, 35, and 37 above, 
and Summary of Changes From 2009 Proposed Critical Habitat to This 
Final Critical Habitat Designation section. We are however, including 
in our final critical habitat designation two subunits that are 
considered unoccupied (i.e., Subunits 1A and 3B) that provide for 
essential processes that are necessary for the conservation of Santa 
Ana sucker. Within Subunit 1A, we have determined that City Creek, Mill 
Creek, and the Santa Ana River above Tippecanoe Avenue provide or 
contain sources of water and coarse sediment necessary to maintain all 
life stages of Santa Ana sucker and are therefore essential for the 
conservation of the species. Strawberry, Twin, Lytle and Cajon Creeks 
were not designated as critical habitat because, at this time, we do 
not have data that indicate that they provide for these essential 
processes necessary for the conservation of the species; however, we 
may determine in the future that these areas are essential for the 
conservation of the species. As stated in the Critical Habitat Units--
Subunit 1A: Upper Santa Ana River section, we believe in the Santa Ana 
River the currently occupied areas have been modified and degraded 
substantially and conservation of areas outside the geographical range 
occupied at the time of listing is essential. However, in this final 
critical habitat designation, we are not including areas that we 
proposed solely for reintroduction as critical habitat but are 
including unoccupied areas for the essential processes that they 
provide to occupied areas.
    Comment 45: One commenter believes the Service should not eliminate 
from critical habitat designation any area proposed as critical habitat 
due to current or historical alterations of hydrology, such as upstream 
of dams or other impediments. They stated that the Service should work 
cooperatively with dam managers to mimic natural flows, which would aid 
in Santa Ana sucker recovery.
    Our Response: We agree that natural flow regimes are important to 
the survival and recovery of Santa Ana sucker. We have designated 
stream reaches that have been hydrologically altered but still contain 
one or more of the PCEs, are essential to the conservation of Santa Ana 
sucker and may require special management consideration or protections. 
However, areas adjacent to dams, regardless of flow regime, do not 
provide PCEs and do not meet the definition of critical habitat (see 
Critical Habitat and Criteria Used to Identify Critical Habitat 
sections above). Therefore, the footprint of areas of dams and other 
impediments were not proposed nor finalized as critical habitat. A 
consultation under section 7 of the Act for dam operations would, 
however, analyze the indirect impacts of operations to upstream and 
downstream critical habitat that is designated. We will strive to work 
cooperatively with dam managers as appropriate to mimic natural flows 
to aid in Santa Ana sucker recovery, regardless of critical habitat 
designation.
    Comment 46: One commenter believes the final revised critical 
habitat designation should support all existing conservation 
investments or mitigation efforts. Further, they believe these 
conservation or mitigation areas should be included in the final 
critical habitat designation to further support the success of these 
investments.
    Our Response: The commenter did not provide specific examples of 
additional conservation or mitigation areas that are part of 
conservation efforts for Santa Ana sucker that were not included in the 
final critical habitat designation. The final critical habitat 
designation does include areas within the Western Riverside County 
MSHCP that are expected to be managed as reserve lands through 
implementation of the plan and includes the Big Tujunga Wash Mitigation 
Bank in the Big Tujunga Wash.
    Comment 47: Two commenters believe that exclusions of critical 
habitat on the basis of a management plan is not a substitute for the 
designation of critical habitat and they asserted that coverage by a 
habitat management plan is not sufficient justification to exclude it 
from critical habitat designation. Additionally, the commenter believes 
that plans or programs in draft form (i.e., the SAS Conservation 
Program) do not justify exclusion from critical habitat designation.
    Our Response: We may exercise our delegated discretion to exclude 
an area from critical habitat under section 4(b)(2) of the Act if we 
conclude that the benefits of exclusion of the area outweigh the 
benefits of its designation. We do not exclude areas based on the mere 
existence of management plans or other conservation measures. The 
existence of a plan may reduce the benefits of inclusion of an area in 
critical habitat to the extent the protections provided under the plan 
are redundant with conservation benefits of the critical habitat 
designation. In particular, we believe that the exclusion of lands may 
be justified when they are managed and conserved in perpetuity. Thus, 
in some cases the benefits of exclusion in the form of sustaining and 
encouraging partnerships that result in on the ground conservation of 
listed species may outweigh the incremental benefits of inclusion. None 
of the areas under the jurisdiction of the SAS Conservation Program or 
the Western Riverside County MSHCP are currently conserved for the 
benefit of Santa Ana sucker, and we have not concluded that the 
partnership benefits of excluding lands covered by the SAS Conservation 
Program or the Western Riverside County MSHCP outweigh the benefits of 
including these areas in the final critical habitat designation. Please 
see the Rationale For Including the Western Riverside County MSHCP and 
SAS Conservation Program in This Final Critical Habitat Designation 
section above for a full discussion of our analysis for both the SAS 
Conservation Program and the Western Riverside County MSHCP.
    Comment 48: One commenter believes the Service did not provide 
documentation that periodically dry areas are occupied by Santa Ana 
suckers. They stated the area from Mission Boulevard in Riverside 
County to the City of Colton experienced periods of insufficient flows 
from 1971 to 1982 (USGS gauge data); therefore, this reach should not 
be considered occupied by the species.
    Our Response: The area the commenter described is known to be 
currently occupied by Santa Ana suckers (SMEA 2009, pp. 1-5) and was 
also occupied at the time of listing (Service 2000, pp. 19686-19687). 
Survey data are not available as far back as 1982, but recent data show 
the Santa Ana River at Mission Boulevard is routinely occupied by Santa 
Ana suckers (SMEA 2009, p. 1). Additionally, habitat surveys indicate 
this area is one of the few remaining

[[Page 78001]]

suitable areas for Santa Ana sucker (Thompson et al. 2010, pp. 330-331) 
in the Santa Ana River. There are areas further upstream that may 
experience periods of dewatering; however, these areas contain the 
physical and biological features essential to the conservation of the 
species because they provide sources of water and coarse sediment 
necessary to maintain all life stages of Santa Ana sucker (PCE 1) and 
are a connective corridor for transport of water and coarse sediments 
(PCE 2) to lower portions of the occupied or seasonally occupied range 
(PCE 7). Moreover, when this periodically dry reach is wetted from late 
winter rains, Santa Ana sucker has been reported from the La Cadena 
drop structure (Baskin et al. 2005, p. 2), which is currently as far 
upstream as the fish can travel due to the permanent barrier at La 
Cadena Drive. Therefore, this area is considered occupied by Santa Ana 
suckers and is included in this final critical habitat designation.
    Comment 49: Four commenters stated that inclusion of areas along 
the Santa Ana River where compliance with Federal Emergency Management 
Agency (FEMA) regulation is required for flood control would trigger 
lengthy section 7 consultations on flood control actions. The 
commenters believe these lengthy consultations would delay operations 
because of the time required to conduct section 7 consultations, and 
may pose a risk to human health and safety.
    Our Response: Section 7 of the Act provides for emergency 
consultations in response to an act of God, disasters, casualties, 
national defense or security emergencies (such as to expedite measures 
required to ensure human health and safety) (50 CFR Sec.  402.05). 
Emergency consultation procedures allow action agencies to incorporate 
endangered species concerns into their actions during the response to 
an emergency. If a Federal agency must take emergency action that may 
affect a listed species or critical habitat, the agency would contact 
the Service to identify measures to minimize the impacts of the 
emergency actions that are feasible to implement while responding to 
the emergency. The Service is very sensitive to the need to allow 
response efforts necessary to avoid imminent loss of human life or 
property. The Federal action agency would initiate formal consultation 
after the fact and provide necessary documentation to the Service for 
an after the fact biological opinion that documents the effects of the 
emergency response on listed species or critical habitat. Therefore, we 
do not believe delays due to section 7 consultation on flood control 
actions should pose a significant risk to human health and safety, and 
we did not exclude any areas from this final critical habitat 
designation on the basis of lengthy section 7 consultation on flood 
control actions.
    Comment 50: One commenter stated the proposed revised critical 
habitat rule discussion of groundwater rising in Subunit 1B below the 
Riverside Narrows downstream to Prado Dam was not entirely correct. 
They stated the Santa Ana River recharges significant quantities of 
water into the underlying Chino Basin that actually flows away from the 
river. The commenter concluded there is no cooling of Santa Ana River 
discharge from rising groundwater in this reach within Subunit 1B. 
Further, the commenter believes the Service should use updated 
information from the California Regional Water Quality Control Board 
(CRWQCB) since the 1995 analysis was completed before making any final 
critical habitat designation decisions about this reach of the river.
    Our Response: The commenter did not provide documentation to 
support the assertions cited in their comment letter. The best 
available scientific data we have from the CRWQCB was updated in 
February 2008, and indicate there is rising groundwater in this reach 
(CRWQCB 2008, p. 1-13) which provides cool water to the Santa Ana River 
mainstem. Surveys indicate Santa Ana suckers occupy this reach even 
though it may experience ebbs and peaks in water volume (PCE 1). 
Additionally, this area also provides a connective corridor to the 
lower portion of the occupied range (PCE 7). Therefore, we designated 
Subunit 1B below the Riverside Narrows downstream to Prado Dam as 
critical habitat for Santa Ana sucker in this final rule.
    Comment 51: One commenter asserted results from a recent study 
describe areas along the Big Tujunga Wash as unsuitable Santa Ana 
sucker habitat due to barriers that prevent migration. Therefore, the 
commenter requested we eliminate areas from the final critical habitat 
designation that are closest to the dam. Additionally, the commenter 
believes reaches above the Little Tujunga Wash may not contain 
perennial stream flow or pools that provide viable Santa Ana sucker 
habitat and should, therefore, be eliminated from the final critical 
habitat designation.
    Our Response: The commenter submitted habitat suitability survey 
results for all life stages of Santa Ana suckers. The survey results 
indicate that the habitat throughout the Wash primarily has a ``good'' 
score, while very few locations have a ``poor'' score. Habitat scores 
correspond to a quantitative value assigned to each location after 
evaluating a variety of habitat characters that were measured in the 
main channel. Ranking was based on ``excellent'' corresponding to a 
score of 3-4, ``good'' corresponding to a score of 2-3, ``fair'' 
corresponding to a score of 1-2, and ``poor'' corresponding to a score 
of 0-1 (LACDPW 2009, Google Earth kmz file). This habitat suitability 
report contains the best scientific data available that are known to us 
at this time. Based on these data, we believe the areas designated as 
critical habitat in this final rule are consistent with the report 
conclusions. We agree that portions of the wash may be dewatered during 
certain periods throughout the year. However, these areas contain PCEs 
(1-7) and we found them to contain the physical and biological features 
essential to the conservation of the species. Therefore, we are 
designating critical habitat in this final rule throughout Big Tujunga 
Wash (Unit 3), including the area near the confluence with Little 
Tujunga Wash.
    Comment 52: Three commenters stated that the Service should focus 
on recovery actions and partnership efforts to recover the Santa Ana 
sucker instead of critical habitat designation.
    Our Response: We consider the partnerships and recovery actions 
that have been and will be achieved through our coordinated efforts 
with partners in all three watersheds to be of the utmost importance. 
We believe that coordinated efforts through partnerships are essential 
for conservation of listed species. We look forward to continuing and 
creating new partnerships with the many stakeholders and water users in 
the three watersheds where Santa Ana sucker is listed. Additionally, we 
plan to initiate development of a draft recovery plan in 2011, and will 
seek the involvement and participation of our partners and 
stakeholders.
    Comment 53: One commenter stated that we are required to submit an 
Environmental Impact Statement according to National Environmental 
Policy Act (NEPA) requirements for ``major'' Federal actions.
    Our Response: It is our position that, outside the jurisdiction of 
the U.S. Court of Appeals for the Tenth Circuit, we do not need to 
prepare environmental analyses as defined by NEPA (42 U.S.C. 4321 et 
seq.) in connection with designating critical habitat under the Act. 
Please see the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 
et. seq.) section below.

[[Page 78002]]

    Comment 54: Two commenters requested an exclusion of the West Fork 
of the San Gabriel River from Cogswell Dam to the San Gabriel 
Reservoir. They stated that this area is covered under the Long-Term 
Management Plan West Fork San Gabriel River (1989), which is signed by 
the USFS, CDFG, Los Angeles Department of Public Works, Angeles 
National Forest, California Trout, Inc., San Gabriel Basin Watermaster, 
San Gabriel Protective Association, and San Gabriel Water Committee. 
They state that the plan provides a benefit to Santa Ana sucker and its 
designated critical habitat through implementation of the plan for wild 
trout and non-game fishes.
    Our Response: The Long-Term Management Plan West Fork San Gabriel 
River (USFS et al. 1989, pp. 1-22) does not contain specific management 
actions that address Santa Ana sucker. Furthermore, it only provides 
considerations for flow releases from Cogswell Dam, which address the 
risk of fishes being flushed downstream during high flow events. The 
plan offers no other conservation benefits that would ameliorate the 
threats in the West Fork of the San Gabriel River (see Critical Habitat 
Units--Unit 2: San Gabriel River and Special Managements Considerations 
or Protections sections). Additionally, Drake (1988, pp. 4-5) states 
that flows in the summer months may reach less than 1 cfs because all 
water that flows into the reservoir is stored behind the dam for water 
uses and the very small amount that may flow out is due to leakage 
dependent on the pressure of water stored behind the dam. Although the 
plan contains minimum stream flow recommendations (USFS et al. 1989, p. 
11), there is no indication that they must be maintained or if they 
have been evaluated for the benefit of Santa Ana sucker. Therefore, the 
flow that is most important in the drier, summer months is contributed 
by tributaries such as Big Mermaids, Canyon Creek, and Bear Creek and 
not necessarily the flow released from Cogswell Dam. More importantly, 
recent survey efforts indicate that there has been a sharp decrease in 
the density of Santa Ana suckers and an increase in nonnative predators 
in the West Fork of the San Gabriel River (Haglund and Baskin 2002, p. 
9-15; Ecorp Inc. 2007, p. 9; Ecorp Inc. 2010b, p. 9). This marked 
decline may indicate that there has been a change in fish assemblage in 
the West Fork due to changes in management or environmental parameters. 
Therefore, we are not excluding the West Fork of the San Gabriel River 
from the final critical habitat designation. We do encourage 
partnerships with land managers in an effort to implement management 
actions that will benefit Santa Ana sucker. In particular, we believe 
that the exclusion of lands may be warranted when they are managed and 
conserved in perpetuity for the benefit of listed species. The Long-
Term Management Plan for the West Fork San Gabriel River (USFS et al. 
1989, pp. 1-22) to date has not conserved lands for the benefit of 
Santa Ana sucker. We appreciate and recognize the management efforts of 
the participants of the Long-Term Management Plan for the West Fork San 
Gabriel River (USFS et al. 1989, pp. 1-22) and we look forward to 
working with them on recovery efforts in the future.
Comments Related to the Draft Economic Analysis
    Comment 55: Several commenters urge the Service to fully analyze 
the economic impact of the designation, including all costs associated 
with the loss of local water supplies, potential flood damage, 
development, agricultural impacts and transportation infrastructure 
issues. In particular, these commenters are concerned about potential 
changes in operation and maintenance of Seven Oaks Dam. Other 
commenters highlight the potential for water supply losses. Another 
commenter states that the omission of the major issues affecting the 
region's economy resulted in a report that is not a fair assessment of 
the devastating economic impact of including Subunit 1A, particularly 
since a May 11, 2010 report outlined in detail the economic impact 
issues that inclusion of Subunit 1A would raise for the affected 
communities. The commenter states that the economic analysis 
sidestepped analysis of the major issues raised by the local agencies 
charged with supplying water, flood control and energy within the 
critical habitat designation.
    Our Response: Following receipt of public comments on the economic 
analysis, the FEA has been revised to more fully incorporate concerns 
about potential impacts of critical habitat for Santa Ana sucker. In 
particular, Chapter 3 now more directly addresses the potential for 
critical habitat to result in loss of local access to water supplies 
(IEC 2010, pp. 3-1--3-25). While there is no history of restrictions on 
water diversion occurring for this species related to critical habitat, 
uncertainty exists regarding potential future impacts. In response to 
questions about potential Santa Ana sucker critical habitat impacts on 
water supply projects, the Service has identified five projects of 
concern to commenters as having a high probability of Santa Ana sucker 
critical habitat impacts. These probabilities are not specific to 
likely project modifications (i.e., a high probability of Santa Ana 
sucker critical habitat impacts does not necessarily indicate that 
restrictions on water access are likely). However, to be conservative 
(i.e., be more likely to overstate than understate costs), this 
analysis assumes that, under the High End Scenario, loss of access to 
local water supply will occur at these projects (IEC 2010, p. 3-3). The 
analysis assumes that replacement water will be available for purchase, 
and, as such, reductions in water availability for agriculture or 
development activities are not anticipated. To the extent that local 
water is not precluded from use for these projects, the analysis is 
likely to overestimate impacts under this scenario. In fact, we believe 
that the economic impact or incremental cost attributed to Subunit 1A 
is likely overstated for two reasons: (1) Projects outside the 
currently occupied range of Santa Ana sucker that may impact Santa Ana 
sucker in downstream occupied portions of the Santa Ana River would 
likely incur costs or modifications to projects for Santa Ana sucker 
conservation due to its status under the Act and the section 7 process 
regardless of the critical habitat designation in Subunit 1A and (2) it 
is highly unlikely that complete access to water rights would be 
restricted as a result of consultation as a result of the critical 
habitat designation (see Economic Analysis section above).
    With regard to flood control, the Endangered Species Act does not 
compel species conservation to disregard protection of human life or 
property. This applies in emergency and well as routine maintenance 
situations. We note that the existing Santa Ana sucker critical habitat 
designation at Cogswell Dam (Unit 2), has not impeded flood control 
operations to date. Though sediment removal projects have not been 
conducted at Cogswell Dam since the species was listed, sediment 
removal projects at San Gabriel Reservoir in the same unit have been 
allowed to move forward when seine netting and extensive species 
monitoring efforts were undertaken, even with critical habitat 
designated. Importantly, 16 USC 1536(p) allows for emergency actions to 
be taken without section 7 consultation in the event of an ``emergency 
situation which does not allow the ordinary procedures of this section 
to be followed.'' As, such, economic impacts that potentially could

[[Page 78003]]

result from a catastrophic flood event, such as loss of life or 
property value, are not quantified because management actions to 
prevent catastrophic flooding are not expected to be precluded due to 
designation of critical habitat for Santa Ana sucker.
    Comment 56: One commenter states that several of the public water 
supply agencies affected by the designation are concerned because they 
have specific projects already slated for construction within the 
critical habitat area. Their concern is with the potential inability to 
build these projects should the Service decide that they are 
inappropriate due to critical habitat. The commenter states that 
``local agencies cite numerous instances'' in which regulatory delay by 
the Service has caused elected officials to cancel projects in the 
belief that they may never be approved, though these projects are not 
specifically identified. The commenter states that the economic impact 
of uncertainty thus cannot simply be assumed away. The commenter also 
assumes that if planned construction projects are not built, the impact 
would be a loss of construction activity that is equal to the planned 
construction costs.
    Our Response: The Service has conducted over 30 consultations on 
the sucker in critical habitat areas, most of which addressed 
transportation, utility, or other instream construction projects. In no 
instance has the Service concluded that a proposed project was likely 
to jeopardize the continued existence of Santa Ana sucker or adversely 
modify the species' designated critical habitat. The commenter does not 
provide information to support the claim of ``numerous instances'' of 
projects being cancelled due to the belief that they would never be 
approved, and our section 7 consultation record for Santa Ana sucker 
does not support this assertion. The commenter does not present 
justification for assuming that funds planned to be spent on 
construction would be unusable following critical habitat designation. 
It is unclear why, for example, funds could not be spent elsewhere on 
other projects in the event that a particular project was not 
conducted. Hence, total construction costs are not a good 
representation of the potential impacts of critical habitat 
designation.
    Comment 57: One commenter states that, even if the economy recovers 
within the timeframe for the analysis, the next few years will have far 
lower economic activity than expected, particularly in the areas of 
development. As a result, assumptions about the discount rate for 
future costs and the time value of money need to be reevaluated.
    Our Response: To discount and annualize costs, guidance provided by 
the OMB specifies the use of a real rate of 7 percent. The 7 percent 
discount rate is an estimate of the average real pre-tax rate of return 
generated by private sector investments. Although this rate of return 
may be lower during current market conditions, it is not clear how long 
current market conditions will persist. In addition, OMB recommends 
sensitivity analysis using other discount rates such as 3 percent, 
which some economists believe better reflects the social rate of time 
preference. Our analysis adopts OMB's existing guidance, presenting 
results using both the 7 and 3 percent discount rates (U.S. Office of 
Management and Budget, Circular A-4, September 17, 2003 and U.S. Office 
of Management and Budget, ``Draft 2003 Report to Congress on the Costs 
and Benefits of Federal Regulations; Notice,'' 68 FR 5492, February 3, 
2003).
    Comment 58: One commenter states that the DEA inappropriately 
includes costs associated with time delays, regulatory uncertainty, and 
stigma, but it does not clearly define how it estimates those potential 
costs. Another commenter states the opposite, that given the potential 
impact of loss of local water resources due to the inclusion of Subunit 
1A in the expanded Santa Ana sucker critical habitat, and the potential 
inability of development projects to gain water supply certification 
under California's 20-year law, the economic cost of the stigma of the 
expanded habitat on land values must be considered and evaluated.
    Our Response: As discussed in Chapter 2 of the FEA, the designation 
of critical habitat may, under certain circumstances, affect actions 
that do not have a Federal nexus and thus are not subject to the 
provisions of section 7 under the Act. These indirect impacts are those 
changes in economic behavior that may occur outside of the Act, through 
other Federal, State, or local actions, and that result from the 
designation of critical habitat. These indirect consequences, such as 
time delays, regulatory uncertainty, and stigma, can constitute real 
impacts that result from critical habitat designation and are 
legitimately considered as a category of impacts in the analysis. 
However, data are not readily available to quantify these impacts in 
this case; thus they are discussed qualitatively in the FEA. As such, 
any potential stigma impacts on land values are not quantified.
    Comment 59: One commenter states that the DEA only considers the 
number of section 7 consultations, and does not consider the potential 
for the designation of critical habitat to result in increased 
consultation complexity, costs, and time delays.
    Our Response: As shown in Exhibit 2-4, the FEA assumes that 
critical habitat may result in additional administrative effort, i.e., 
staff time and costs, to address adverse modification in section 7 
consultations. Depending on the type of section 7 consultation, the 
direct cost of this additional administrative effort for each 
consultation is expected to range from $405 to $9,030. As such, the 
analysis attempts to capture the increased costs associated with 
increased complexity associated with consultations following critical 
habitat designation. As stated in the FEA, both public and private 
entities may experience incremental time delays for projects and other 
activities due to requirements associated with the need to initiate the 
section 7 consultation process and/or compliance with other laws 
triggered by the designation. While the analysis recognizes the 
potential for project delays to result from the critical habitat 
designation, these are not quantified in the FEA.
    Comment 60: One commenter states that the economic analysis omits 
one of the most important impacts that the inclusion of Unit 1 in Santa 
Ana sucker critical habitat would have on water-short southern 
California. The incremental opportunity cost of the lost water would 
represent at least a $2.9 billion cost to the local economy over the 
25-year planning horizon used by local agencies in Southern California.
    Our Response: The commenter identifies a number of water supply 
projects in Subunit 1A and 1B as being potentially threatened by this 
critical habitat designation. These projects and related potential 
effects were noted in the DEA. The consultant report that accompanies 
the comment assumes that all water projects in Unit 1 will no longer 
have access to water sources in critical habitat areas following 
critical habitat designation for Santa Ana sucker. Some of these 
projects are existing, ongoing projects, while others are planned 
future projects. The reports estimate that the total annual volume of 
water needing replacement, beginning in 2010, then applies the current 
cost of State Water Project Water, raised at a rate of 2.97 percent 
over inflation over a 26-year period (2010-2035), to estimate the 
longer term costs of this loss. The report does not discount, arriving 
at an estimated total loss of

[[Page 78004]]

$2.87 billion over 26 years. These estimates are described in Chapter 3 
of the FEA (IEC 2010b, pp. 3-1--3-25).
    The Service notes that project modification determinations will be 
made on a project by project basis, and as such, the potential 
conservation requirements for future projects are uncertain. However, 
we note that water diversions have not been restricted as a consequence 
of past section 7 consultations on this species, including 
consultations involving designated critical habitat. In response to 
questions about potential Santa Ana sucker critical habitat impacts on 
water supply projects, the Service has identified five projects as 
having a high probability of sucker critical habitat impacts. These 
probabilities are not specific to likely project modifications (i.e., a 
high probability of sucker critical habitat impacts does not 
necessarily indicate that restrictions on water access are likely). 
However, to be conservative (i.e., be more likely to overstate than 
understate costs), our FEA assumes that, under a ``High End'' scenario, 
loss of access to local water supply will occur at these projects. We 
believe the likelihood of substantial water supply restrictions, 
particularly with regard to existing projects, is low however, given 
our extensive experience in evaluating projects in Santa Ana sucker 
critical habitat. Thus, based on our past experience, the commenter's 
estimate of costs, which appear in the FEA as part of the ``High End'' 
scenario, is likely to overestimate the economic impacts of designation 
because (1) projects outside the currently occupied range of Santa Ana 
sucker that may impact Santa Ana sucker in downstream occupied portions 
of the Santa Ana River would incur costs or modifications to projects 
for Santa Ana sucker conservation due to its status under the Act and 
the section 7 process regardless of the critical habitat designation in 
Subunit 1A and (2) it is highly unlikely that complete access to water 
rights would be restricted as a result of consultation as a result of 
the critical habitat designation (see Economic Analysis section above).
    Comment 61: The price of water assumed in the calculation of water 
loss at Big Tujunga Creek appears to be held constant for future years. 
This methodology does not take into account the 2.97 percent change in 
prices beyond inflation that recent history has shown have been 
occurring. It also does not take into account the increases in local 
water prices that would occur if access to local water is cutoff in the 
proposed expanded habitat designation for Santa Ana sucker. Allowance 
for these facts must be taken into account in any and all forecasts of 
the opportunity cost of lost local water. Given that the entire issue 
of the proposed habitat designation is essentially about water usage, 
it is impossible to accept an economic analysis that omits the price 
implications of such an action.
    Our Response: We agree that the real price of water is likely to 
increase over time, and have revised the cost estimates for replacement 
water at Big Tujunga Creek according to the commenter's suggested rate 
increase of 2.97 percent annually. The analysis now also points out 
that, should a large volume of replacement water be required as a 
result of critical habitat designation, this could exacerbate the 
increase in the local cost of water.
    Comment 62: One commenter notes that incremental impacts for water 
management activities are over-estimated. In particular, the commenter 
states that agencies are already undertaking biological monitoring or 
paying into a collective fund for purposes of Santa Ana sucker 
monitoring. These costs would therefore be incurred even absent 
critical habitat.
    Our Response: The FEA acknowledges in Section 3.3.2 that various 
flood control and water districts already undertake biological 
monitoring for Santa Ana sucker (IEC 2010b, pp. 3-19-3-20). Costs 
associated with currently ongoing monitoring activities are attributed 
to the baseline. However, several stakeholders identified the potential 
for critical habitat to result in monitoring for work undertaken 
outside of the wetted channel, where it would not be required absent 
critical habitat. Only monitoring costs for work outside of the wetted 
channel are considered incremental.
    Comment 63: Several commenters state that the DEA fails to consider 
operational constraints on flood control operations that may be imposed 
as a consequence of the designation of critical habitat for Santa Ana 
sucker, and resulting consequences for flood control. One commenter 
believes that the designation of critical habitat in Subunit 1A would 
lead to a modification of the discharge regime for the dam that is 
contrary to the flood management needs of the river system. The 
commenter states that major issues include several billions of dollars 
of impact from potentially barring access to local sources of water and 
the potential that after Congress authorized investment of over $1 
billion in Seven Oaks Dam, the facility potentially will not be able to 
be used, as designed, for flood control. The commenter states that 
critical habitat designation would override the will of Congress and 
leave economic assets like Disneyland and Anaheim Stadium unprotected 
from potential devastation in a 100 year flood.
    Our Response: With regard to flood control, the Endangered Species 
Act does not compel species conservation to disregard protection of 
human life or property. This applies in emergency as well as routine 
maintenance situations. We note that the existing Santa Ana sucker 
critical habitat designation at Cogswell Dam (Unit 2), has not impeded 
flood control operations to date. Though sediment removal projects have 
not been conducted at Cogswell Dam since the species was listed, 
sediment removal projects at San Gabriel Reservoir in the same unit 
have been allowed to move forward when seine netting and extensive 
species monitoring efforts were undertaken, even with critical habitat 
designated. Importantly, 16 U.S.C. 1536(p) allows for emergency actions 
to be taken without section 7 consultation in the event of an 
``emergency situation which does not allow the ordinary procedures of 
this section to be followed.'' As such, economic impacts that 
potentially could result from a catastrophic flood event, such as loss 
of life or property value, are not quantified because management 
actions to prevent catastrophic flooding are not expected to be 
precluded due to designation of critical habitat for Santa Ana sucker.
    Comment 64: Two public comments expressed concern that if critical 
habitat affects managers' ability to clean out sediment from behind 
Cogswell Dam that (1) the dam could need to be decommissioned, 
resulting in decommissioning costs of $20 million; (2) the loss of 
water storage in the basin, which is required to be 50,000 acre-feet in 
the three reservoirs in the Upper San Gabriel Canyon, would be reduced, 
increasing the likelihood of catastrophic flood damages of $2.3 
billion; and (3) lost storage would lead to reductions in water supply 
in the region of 11,136 acre-feet per year, with a value of 
approximately $7.3 million.
    Our Response: Our past experience at Cogswell Dam does not support 
the commenter's claim that water managers will be unable remove 
sediment at Cogswell Dam following critical habitat designation for 
Santa Ana sucker. As stated in the comments, the agency ``was able to 
conduct a cleanout project in San Gabriel Reservoir between 2004 
through 2006, utilizing areas in the upper reaches of the reservoir 
where critical habitat for the Santa Ana Sucker had been designated.'' 
As such, reservoir

[[Page 78005]]

cleanout has occurred in the recent past in Unit 2 while Santa Ana 
sucker has been present and critical habitat was designated. While 
conservation efforts were requested and undertaken, cleanout activities 
at the San Gabriel Reservoir were not precluded, and we have no basis 
to assume such activities would be precluded in the future. The FEA now 
includes substantial additional detail on the potential project 
modification costs at Cogswell Dam that was supplied by public 
commenters. While it is conceivable that a future consultation on 
operations at Cogswell Dam could result in recommendations for 
alternative operations scenarios, the commenter's assumptions about the 
outcome and economic impacts of such a future consultation are 
speculative and contrary to our past consultation record.
    Comment 65: One commenter states that the effect of critical 
habitat on Southern California Edison hydropower operations from 
potential exposure to take, possible curtailment of water supply, water 
supply operations, and regulatory uncertainty have not been addressed 
in the economic analysis.
    Our Response: As stated in Chapter 3 of the FEA, the Service has 
stated that potential project modifications resulting from future 
section 7 consultations involving Santa Ana sucker critical habitat 
will be made on a project by project basis, and as such, potential 
conservation requirements for future projects are uncertain. The 
analysis notes that there is no history of restrictions on water 
diversion occurring for this species related to critical habitat. In 
response to questions about potential Santa Ana sucker critical habitat 
impacts on water supply projects, we identified projects identified by 
commenters as having a high probability of Santa Ana sucker critical 
habitat impacts. Southern California Edison (SCE) facilities are not 
among these projects. As such, it appears that modifications of SCE 
facility water operations or a curtailment of water supplies available 
to such facilities related to critical habitat designation are not 
likely. Recognizing that regulatory uncertainty can affect behavior, 
the FEA includes the estimated costs provided by the commenter of a 
potential $6 million fish screen for Santa Ana sucker at these 
facilities as part of the calculated incremental conservation costs for 
Santa Ana sucker critical habitat even though the structure is above 
Seven Oaks Dam and outside the final critical habitat designation. The 
cost of the fish screen was assumed because of potential reintroduction 
of Santa Ana sucker near the location of SCE facilities. This area has 
been removed from the critical habitat designation and we are not 
currently designating any critical habitat solely for reintroduction 
purposes. Accordingly, incremental costs to Subunit 1A have been 
reduced and are reported in the memorandum to the FEA (IEC 2010c, p. 
5). We point out, however, that a species may be reintroduced into an 
area whether or not the area is designated as critical habitat and that 
measures to reduce the impacts of take of a listed species may occur 
under section 7 or section 10 of the Act whether or not an area is 
designated as critical habitat. Thus take minimization costs, such as 
the costs of a fish screen, are not appropriately attributed to 
critical habitat designation.
    In addition, as discussed in Appendix A of the FEA, the analysis 
investigates whether impacts to hydropower production facilities, 
should they occur, would constitute a significant adverse effect under 
Executive Order No. 13211, ``Actions Concerning Regulations that 
Significantly Affect Energy Supply, Distribution, or Use.'' The recent 
average gross generation for potentially affected SCE facilities is 
approximately 25.6 million kilowatts hours on an annual basis. This 
level of production represents the total amount of energy production 
that could be incrementally affected by critical habitat designation, 
and is well below the 1 billion kilowatts-hours threshold identified in 
Executive Order No. 13211. As stated above, modifications of SCE 
facility water operations or a curtailment of water supplies available 
to such facilities related to critical habitat designation are not 
likely (see response to Comment 26 above). However, we recognize that 
critical habitat adds an element of regulatory uncertainty to SCE's 
planning efforts, and does have the potential to affect its behavior. 
Even so, it appears that the energy industry is unlikely to experience 
a significant adverse effect as a result of the critical habitat 
designation for Santa Ana sucker even if these facilities were to 
undertake conservation efforts for the sucker that affect hydropower 
production.
    Comment 66: One commenter states that the economic analysis does 
not even mention the cost of lost housing, industrial, office and 
retail development that would occur due to the interaction between the 
loss of local water, California's 20-year water for development 
certification law, and the lack of availability of State Water project 
water. If local agencies cannot tap their local water supply, and 
cannot obtain water through the State Water Project, this would mean 
shutting off population, household and employment growth for the area 
expected to accommodate most of Southern California's expansion.
    Our Response: The FEA acknowledges the commenter's concern that 
water in southern California is limited. In addition, the existing 
requirement for new developments to provide certification of 20-year 
water supply may restrict development in general. It is entirely 
speculative to conclude that critical habitat will result in a reduced 
availability of water for development purposes. In quantifying 
potential impacts, the FEA assumes, as does the commenter's own 
analysis, that in the case that water access is limited due to critical 
habitat designation, replacement water will be available for purchase, 
at an increasing rate over time. As such, development impacts are not 
expected as a result of the critical habitat designation for Santa Ana 
sucker related to water access restraints. The FEA acknowledges that if 
Santa Ana sucker critical habitat restricts water access, the cost of 
water is likely to increase.
    Comment 67: One commenter believes that the DEA overestimated 
potential impacts to development because it forecasts impacts to 
construction within the floodplain. Because construction in the 
floodplain is a safety risk, the commenter argues that these projects 
would not go forward, and therefore would not incur any associated 
impacts.
    Our Response: Chapter 4 of the FEA presents a range of possible 
impacts to development (IEC 2010b, pp. 4-1-4-14). The low-end estimate 
assumes that developable acres that fall within the 100-year floodplain 
will not be developed in the foreseeable future. Because of development 
pressures in southern California, the high-end scenario does forecast 
that some development may occur on acres identified as potentially 
developable within the 100-year floodplain, but notes that this 
assumption likely results in an overestimate of costs due to 
development impacts.
    Comment 68: One commenter states that the current economic 
situation may result in decreased future development. This decreased 
development may limit the funding available for conservation efforts 
under the Western Riverside County MSHCP. Therefore, the DEA should 
reassess the likelihood that these measures will be implemented and 
whether funds will be available to carry them out.
    Our Response: As discussed in Section 4.6, the FEA assumes that 
development projects undertake

[[Page 78006]]

conservation efforts for Santa Ana sucker similar to those outlined 
under the Western Riverside County MSHCP. It assumes that the costs of 
these measures are borne by developers or landowners, not paid for out 
of any established conservation fund (IEC 2010b, pp. 4-9-4-11).
    Exhibit 4-3 acknowledges that preliminary socioeconomic forecasts 
suggest that population growth may be somewhat slower than the 
forecasts used in the analysis (IEC 2010b, p. 4-4). To the extent that 
slower population growth results in fewer housing units being 
constructed, impacts may be overstated. A caveat to this effect has 
been added to section 4.9 of the FEA.
    Comment 69: One commenter notes that two transportation projects do 
not have a projected construction date within the time frame of the 
analysis, and should therefore be excluded.
    Our Response: As discussed in Section 5.3.1 of the FEA, Caltrans 
provided GIS data identifying planned transportation projects within 
the next 15 years, which falls within the analytic time frame for the 
FEA (IEC 2010b, p. 5-3). While anticipated construction dates were not 
available for Corridor Mobility Improvement Account projects, the 
analysis assumes that the projects will go forward within the next 15 
years based on the time frame of Caltrans' GIS data. Therefore, it is 
appropriate to include potential impacts associated with these projects 
in the economic analysis.
    Comment 70: One commenter is concerned that the designation may 
slow down the approval process for the Upper Santa Ana River Wash Land 
Management Plan (Plan B). The commenter believes that these delays may 
impact its business and employment at its quarry.
    Our Response: The Service identified Upper Santa Ana River Wash 
Habitat Conservation Plan as likely to undergo consultation in the near 
future. Section 7.3.4 of the FEA discusses this plan and forecasts that 
it will undergo consultation in 2011 (IEC 2010b, pp. 7-9-7-11). As 
discussed in Section 6.5, the FEA does not quantify any impacts to sand 
and gravel mining operations. The commenter's sand and gravel 
operations are located outside of critical habitat areas, and therefore 
are not anticipated to be affected by the proposed designation.
    Comment 71: One commenter notes that the total cost of the upcoming 
consultation on the Upper Santa Ana River Wash Habitat Conservation 
Plan is incorrectly attributed solely to the designation of critical 
habitat.
    Our Response: As shown in Exhibit 7-11 of the FEA, administrative 
costs associated with this consultation are not attributed solely to 
the designation of critical habitat (IEC 2010b, p. 7-11). Only the 
portion of administrative effort associated with considering adverse 
modification for this consultation is considered an incremental impact. 
The remainder of administrative costs is attributed to the baseline 
scenario, and would be assumed to occur even absent the designation of 
critical habitat.
    Comment 72: One commenter states that the DEA fails to include 
consideration of all the benefits resulting from the designation, such 
as the improvements in water quality and quantity, increases in 
property value, aesthetic benefits, preservation of native habitat for 
other species, and maintaining contiguous riparian and adjacent upland 
habitat for other species. The commenter asserts that these benefits 
should be assessed and quantified where possible or otherwise included 
in a detailed qualitative analysis.
    Our Response: As described in Chapter 8 of the FEA, the purpose of 
critical habitat is to support the conservation of Santa Ana sucker. 
The data required to estimate and value in monetary terms the 
incremental changes in the probability of conservation resulting from 
the designation are not available. Depending on the project 
modifications ultimately implemented as a result of the regulation, 
other ancillary benefits that are not the stated objective of critical 
habitat (such as increased property values due to increases in water 
quality or preserving habitat for other non-listed species) may occur. 
These benefits are discussed qualitatively in Chapter 8 of the FEA.

Required Determinations

Regulatory Planning and Review--Executive Order 12866

    The Office of Management and Budget (OMB) has determined that this 
rule is not significant and has not reviewed this final rule under 
Executive Order 12866 (E.O. 12866). OMB bases its determination upon 
the following four criteria:
    1. 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.
    2. Whether the rule will create inconsistencies with other Federal 
agencies' actions.
    3. Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients.
    4. Whether the rule raises novel legal or policy issues.

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

    Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.), 
as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996 (5 U.S.C. 801 et seq.), whenever an agency is required 
to publish a notice of rulemaking for any proposed or final rule, it 
must prepare and make available for public comment a regulatory 
flexibility analysis that describes the effect of the rule on small 
entities (small businesses, small organizations, and small government 
jurisdictions), as described below. However, no regulatory flexibility 
analysis is required if the head of an agency certifies the rule will 
not have a significant economic impact on a substantial number of small 
entities. The SBREFA amended RFA to require Federal agencies to provide 
a certification statement of the factual basis for certifying that the 
rule will not have a significant economic impact on a substantial 
number of small entities. In this final rule, we are certifying that 
the critical habitat designation for Santa Ana sucker will not have a 
significant economic impact on a substantial number of small entities. 
The following discussion explains our rationale.
    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 
rule, 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.

[[Page 78007]]

    To determine if the revised designation of critical habitat for 
Santa Ana sucker would significantly 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. We apply the ``substantial number'' test 
individually to each industry to determine if certification is 
appropriate. However, the SBREFA does not explicitly define 
``substantial number'' or ``significant economic impact.'' 
Consequently, to assess whether a ``substantial number'' of small 
entities is affected by this designation, this analysis considers the 
relative number of small entities likely to be impacted in an area. In 
some circumstances, especially with critical habitat designations of 
limited extent, we may aggregate across all industries and consider 
whether the total number of small entities affected is substantial. In 
estimating the number of small entities potentially affected, we also 
consider whether their activities have any Federal involvement.
    Designation of critical habitat only affects activities authorized, 
funded, or carried out 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 Santa Ana 
sucker is present, Federal agencies already are required to consult 
with us under section 7 of the Act on activities they authorize, fund, 
or carry out that may affect the species. Federal agencies also must 
consult with us if their activities may affect critical habitat. 
Designation of critical habitat, therefore, could result in an 
additional economic impact on small entities due to the requirement to 
reinitiate consultation for ongoing Federal activities (see Application 
of the ``Adverse Modification'' Standard section above).
    In our final economic analysis (FEA) of the critical habitat 
designation, we evaluated the potential economic effects on small 
business entities resulting from implementation of conservation actions 
related to the revised designation of critical habitat for Santa Ana 
sucker. The analysis is based on the estimated impacts associated with 
the rulemaking as described in chapters 3 through 7 of the analysis and 
evaluates the potential for economic impacts related to: Water 
management, commercial and residential development; and transportation 
activities (IEC 2010b, p. A-2). The FEA indicates that the incremental 
impacts for water management activities are to be borne by city and 
county government jurisdictions. None of the government jurisdictions 
are considered small entities under the RFA (IEC 2010b, p. A-3). The 
incremental impacts for transportation projects are to be borne by 
State and Federal agencies such as the California Department of 
Transportation and the Federal Highway Administration, which are not 
considered small entities under the RFA (IEC 2010, p. A-2). The FEA 
only identifies only those small businesses associated with the 
development industry as potentially affected by the designation of 
critical habitat. The potential incremental conservation efforts 
associated with the development industry range from $96,100 to $306,000 
on an annualized basis, with additional administrative costs to third 
parties associated with consultation under section 7 of the Act of 
$1,310 to $4,540 on an annualized basis for a total of $97,410 to 
$310,540 (IEC 2010b, p. A-7). The FEA estimates that 67 small entities, 
with estimated revenue of $2.8 million per entity, may be affected by 
the designation. The total estimated High End annualized incremental 
economic impact to these 67 small entities is approximately $310,000. 
If all impacts are distributed equally across all entities, this would 
equate to a 0.16 percent impact to each entity's annual revenues (IEC 
2010b, p. A-4). As stated above, the memorandum to the FEA estimated a 
reduction 3 development projects due to the changes from the proposed 
to the final revised critical habitat designation, thus reducing the 
potentially affected small entities to 64. These 64 small entities are 
anticipated to bear total annualized impacts of $53,500 to $266,000. 
Assuming annual revenues of $2.8 million per small entity and that 
impacts are shared equally among entities, we estimate that annualized 
impacts may represent approximately 0.15 percent of annual revenues for 
each of these 64 entities. This assumption is likely to overstate the 
actual impacts to small development firms because it is calculated 
using the high-end estimates and some or all of the costs of 
conservation for Santa Ana sucker to development firms may ultimately 
be borne by current landowners in the form of reduced land values. Many 
of these landowners may be individuals or families that are not legally 
considered to be businesses. No NAICS code exists for landowners, and 
the SBA does not provide a definition of a small landowner (IEC 2010b, 
p. A-2; IEC 2010c, p. 7). Please refer to our FEA and memorandum to the 
FEA of critical habitat designation for Santa Ana sucker for a more 
detailed discussion of potential economic impacts.
    In summary, we considered whether this designation would result in 
a significant economic effect on a substantial number of small 
entities. The total number of small businesses impacted annually by the 
designation is estimated to be 64, with total anticipated annualized 
impacts of approximately of $53,500 to $266,000. This impact is 
approximately 0.15 percent of the total incremental impact identified 
for development activities and may be an overestimate of the impacts 
considering that not all developers will be small and that some of 
these costs may be passed on to landowners. To evaluate whether this 
final rule will result in a significant effect on a substantial number 
of small business entities, we first determined whether the regulation 
will likely affect a substantial number of entities. Guidance from the 
Small Business Administration (SBA) indicates that if ``more than just 
a few'' small business entities in a given sector are affected by a 
regulation, then a substantial number of entities may be affected. 
``More than just a few'' is not defined, and SBA suggests that a case-
by-case evaluation be done. The memorandum to the FEA prepared for the 
final designation of critical habitat for the Santa Ana sucker predicts 
that 64 out of 24,800 small business entities in the residential and 
commercial development sector may be affected by the rule. Adopting a 
conservative approach in our analysis, we conclude that 64 entities 
equate to ``more than just a few'' small entities and, therefore, a 
substantial number of small business entities may be affected by the 
rule.
    Next, we determined if the final revised designation of critical 
habitat would result in a significant economic effect on those 64 small 
business entities. There is no specific guidance under the RFA as to 
what constitutes a significant effect or at what scale the effect is 
measured--nationally or regionally. In implementing the RFA, the 
Service evaluates potential effects on a regional or local scale which, 
in most instances, results in a more conservative analysis. For the 
final revised critical habitat rule the Service relied on a threshold 
of 3 percent of annual revenues to evaluate whether the potential 
economic impacts of the designation on small business entities in the 
residential and commercial development sector may be significant. The 
FEA estimates that the annualized impacts of the final revised rule on 
the 64 potentially affected entities would be of 0.15 percent of their 
annual sales

[[Page 78008]]

revenue. Based on the above reasoning and currently available 
information, we concluded this rule would not result in a significant 
economic impact on a substantial number of small entities for water 
management activities, transportation activities, or commercial or 
residential development as identified in the FEA (IEC 2010b, pp. A-1--
A-8). Therefore, we are certifying that the designation of critical 
habitat for Santa Ana sucker will not have a significant economic 
impact on a substantial number of small entities, and a regulatory 
flexibility analysis is not required.

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

    On May 18, 2001, the President issued Executive Order 13211 (E.O. 
13211; ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'') on regulations that 
significantly affect energy supply, distribution, and use. E.O. 13211 
requires agencies to prepare Statements of Energy Effects when 
undertaking certain actions. OMB has provided guidance for implementing 
this Executive Order that outlines nine outcomes that may constitute 
``a significant adverse effect'' when compared to not taking the 
regulatory action under consideration. The economic analysis finds that 
none of these criteria are relevant to this analysis. Thus, based on 
information in the economic analysis, energy-related impacts associated 
with Santa Ana sucker conservation activities within critical habitat 
are not expected. As such, the designation of critical habitat is not 
expected to significantly affect energy supplies, distribution, or use. 
Therefore, this action is not a significant energy action, and no 
Statement of Energy Effects is required.

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

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.), we make the following findings:
    1. 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 [T]ribal 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 [T]ribal 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 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. While non-Federal entities that receive 
Federal funding, assistance, or 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 
onto State governments.
    2. As discussed in the FEA of the revised designation of critical 
habitat for Santa Ana sucker, 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 FEA concludes incremental impacts may occur 
due to administrative costs of section 7 consultations for water 
management and development; however, these are not expected to affect 
small governments. Incremental impacts stemming from various species 
conservation and development control activities are expected to be 
borne by the Federal Government; California Department of 
Transportation; Cities of Colton, Highland, and Riverside; Counties of 
Los Angeles, Orange, San Bernardino and Riverside; Riverside County 
Flood Control and Water Conservation District, San Bernardino Valley 
Municipal Water District, San Bernardino County Flood Control District, 
Orange County Flood Control District, and Metropolitan Water District 
which are not considered small 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.

Takings--Executive Order 12630

    In accordance with E.O. 12630 (Government Actions and Interference 
with Constitutionally Protected Private Property Rights), we have 
analyzed the potential takings implications of designating critical 
habitat for Santa Ana sucker in a takings implications assessment. 
Critical habitat designation does not affect landowner actions that do 
not require Federal funding or permits, nor does it preclude 
development of habitat conservation programs or issuance of incidental 
take permits to permit actions that do require Federal funding or 
permits to go forward. The takings implications assessment concludes 
that this designation of critical habitat for Santa Ana sucker does not 
pose significant takings implications for lands within or affected by 
the designation.

Federalism--Executive Order 13132

    In accordance with E.O. 13132 (Federalism), this rule does not have 
significant Federalism effects. A Federalism assessment is not 
required. In keeping with Department of the Interior and Department of 
Commerce policy, we requested information from, and coordinated 
development of this critical habitat designation with, appropriate 
State resource agencies in California. We received comments from one 
State agency and have addressed them in the Response to Comments 
section of the rule. The designation may have some benefit to these 
governments because the areas that contain the features essential to 
the conservation of the species are more clearly defined,

[[Page 78009]]

and the physical and biological features of the habitat necessary to 
the conservation of the species are specifically identified. This 
information does not alter where and what Federally sponsored 
activities may occur. However, it may assist these local governments in 
long-range planning (because these local governments no longer have to 
wait for case-by-case section 7 consultations to occur).
    Where State and local governments require approval or authorization 
from a Federal agency for actions that may affect critical habitat, 
consultation under section 7(a)(2) would be required. While non-Federal 
entities that receive Federal funding, assistance, or permits, or that 
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.

Civil Justice Reform--Executive Order 12988

    In accordance with E.O. 12988 (Civil Justice Reform), the 
regulation meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of the Order. We are designating critical habitat in 
accordance with the provisions of the Act. This final rule uses 
standard property descriptions and identifies the physical and 
biological features essential to the conservation of the species within 
the designated areas to assist the public in understanding the habitat 
needs of Santa Ana sucker.

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

    This rule does not contain any new collections of information that 
require approval by OMB under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). 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 (NEPA) (42 U.S.C. 4321 et seq.)

    It is our position that, outside the jurisdiction of the U.S. Court 
of Appeals for the Tenth Circuit, we do not need to prepare 
environmental analyses as defined by NEPA (42 U.S.C. 4321 et seq.) in 
connection with designating critical habitat under the Act. We 
published a notice outlining our reasons for this determination in the 
Federal Register on October 25, 1983 (48 FR 49244). This position was 
upheld by the U.S. Court of Appeals for the Ninth Circuit (Douglas 
County v. Babbitt, 48 F.3d 1495 (9th Cir. 1995), cert. denied 516 U.S. 
1042 (1996)).

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), E.O. 13175, and the Department of the 
Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
Tribes on a government-to-government basis. In accordance with 
Secretarial Order 3206 of June 5, 1997, ``American Indian Tribal 
Rights, Federal-Tribal Trust Responsibilities, and the Endangered 
Species Act,'' we readily acknowledge our responsibilities to work 
directly with Tribes in developing programs for healthy ecosystems, to 
acknowledge that Tribal lands are not subject to the same controls as 
Federal public lands, to remain sensitive to Indian culture, and to 
make information available to Tribes. We determined that there are no 
Tribal lands occupied at the time of listing that contain the features 
essential for the conservation, and no unoccupied Tribal lands that are 
essential for the conservation of Santa Ana sucker. Therefore, we are 
not designating critical habitat for Santa Ana sucker on Tribal lands.

References Cited

    A complete list of all references cited is available on the 
Internet at http://wwww.regulations.gov and upon request from the 
Carlsbad Fish and Wildlife Office (see FOR FURTHER INFORMATION 
CONTACT).

Authors

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

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

0
Accordingly, we amend part 17, subchapter B of chapter I, title 50 of 
the Code of Federal Regulations, as set forth below:

PART 17--[AMENDED]

0
1. The authority citation for part 17 continues to read as follows:

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

0
2. In Sec.  17.95(e), revise the entry for ``Santa Ana sucker 
(Catostomus santaanae)'' to read as follows:


Sec.  17.95  Critical habitat--fish and wildlife.

* * * * *
    (e) Fishes.
* * * * *
Santa Ana sucker (Catostomus santaanae)
    (1) Critical habitat units are depicted for Los Angeles, Orange, 
Riverside, and San Bernardino Counties, California, on the maps below.
    (2) Within these areas, the physical and biological features for 
the Santa Ana sucker are as follows:
    (i) A functioning hydrological system within the historical 
geographic range of Santa Ana sucker that experiences peaks and ebbs in 
the water volume (either naturally or regulated) that encompasses areas 
that provide or contain sources of water and coarse sediment necessary 
to maintain all life stages of the species, including adults, 
juveniles, larva, and eggs, in the riverine environment;
    (ii) Stream channel substrate consisting of a mosaic of loose sand, 
gravel, cobble, and boulder substrates in a series of riffles, runs, 
pools, and shallow sandy stream margins necessary to maintain various 
life stages of the species, including adults, juveniles, larva, and 
eggs, in the riverine environment;
    (iii) Water depths greater than 1.2 in (3 cm) and bottom water 
velocities greater than 0.01 ft per second (0.03 m per second);
    (iv) Clear or only occasionally turbid water;
    (v) Water temperatures less than 86 [deg]F (30 [deg]C);
    (vi) In-stream habitat that includes food sources (such as 
zooplankton, phytoplankton, and aquatic invertebrates), and associated 
vegetation such as aquatic emergent vegetation and adjacent riparian 
vegetation to provide: (a) Shading to reduce water temperature when 
ambient temperatures are high, (b) shelter during periods of high water 
velocity, and (c) protective cover from predators; and
    (vii) Areas within perennial stream courses that may be 
periodically dewatered, but that serve as connective corridors between 
occupied or seasonally occupied habitat and through

[[Page 78010]]

which the species may move when the habitat is wetted.
    (3) Critical habitat does not include manmade structures existing 
on the effective date of this rule and not containing one of more of 
the physical and biological features, such as buildings, aqueducts, 
airports, and roads, and the land on which such structures are located.
    (4) Critical habitat map units. Data layers defining map units were 
created using a base of U.S. Geological Survey 7.5' quadrangle maps. 
Critical habitat units were then mapped using Universal Transverse 
Mercator (UTM) zone 11, North American Datum (NAD) 1983 coordinates.
    (5) Note: Index map of critical habitat units for Santa Ana sucker 
(Catostomus santaanae) follows:
BILLING CODE 4310-55-P
[GRAPHIC] [TIFF OMITTED] TR14DE10.000


[[Page 78011]]


BILLING CODE 4310-55-C
    (6) Unit 1: Santa Ana River, Orange, Riverside, and San Bernardino 
Counties, California. Subunit 1A: Upper Santa Ana River and Wash, San 
Bernardino County.
    (i) From USGS 1:24,000 quadrangles Forest Falls, Yucaipa, Harrison 
Mountain, Redlands, and San Bernardino South. Land bounded by the 
following Universal Transverse Mercator (UTM) Zone 11, North American 
Datum of 1983 (NAD83) coordinates (E, N): 476057, 3771160; 476057, 
3771361; 476067, 3771366; 476363, 3771455; 476483, 3771473; 477305, 
3771538; 477407, 3771560; 477571, 3771632; 477860, 3771855; 478333, 
3772242; 478402, 3772309; 478500, 3772377; 478520, 3772416; 478590, 
3772455; 478940, 3772592; 479868, 3772941; 480001, 3773012; 480336, 
3773247; 480371, 3773259; 480393, 3773293; 480485, 3773372; 480526, 
3773394; 480690, 3773515; 480864, 3773680; 480972, 3773746; 481132, 
3773944; 481165, 3774003; 481261, 3774091; 481297, 3774141; 481350, 
3774237; 481644, 3774591; 481673, 3774640; 481719, 3774747; 481827, 
3774915; 481925, 3775098; 481967, 3775198; 481974, 3775245; 481997, 
3775288; 482030, 3775393; 482069, 3775467; 482110, 3775501; 482122, 
3775547; 482158, 3775596; 482181, 3775692; 482245, 3775830; 482286, 
3775963; 482425, 3776255; 482435, 3776468; 482450, 3776518; 482433, 
3776544; 482427, 3776573; 482424, 3776650; 482387, 3776807; 482397, 
3776877; 482389, 3776935; 482399, 3776957; 482369, 3777033; 482395, 
3777122; 482438, 3777213; 482450, 3777269; 482505, 3777347; 482516, 
3777377; 482528, 3777444; 482530, 3777544; 482504, 3777583; 482502, 
3777600; 482517, 3777626; 482546, 3777645; 482578, 3777686; 482578, 
3777708; 482518, 3777736; 482490, 3777781; 482491, 3777805; 482505, 
3777822; 482561, 3777844; 482582, 3777861; 482586, 3777885; 482578, 
3777909; 482538, 3777969; 482534, 3778023; 482594, 3778098; 482606, 
3778168; 482628, 3778234; 482681, 3778274; 482688, 3778307; 482715, 
3778315; 482727, 3778330; 482710, 3778399; 482601, 3778481; 482601, 
3778529; 482629, 3778564; 482638, 3778571; 482697, 3778575; 482721, 
3778614; 482711, 3778651; 482660, 3778669; 482612, 3778705; 482600, 
3778765; 482629, 3778787; 482635, 3778826; 482622, 3778871; 482639, 
3778930; 482645, 3778938; 482677, 3778948; 482720, 3779005; 482731, 
3779074; 482772, 3779129; 482801, 3779129; 482844, 3779111; 482863, 
3779114; 482883, 3779136; 482942, 3779236; 482945, 3779290; 482936, 
3779312; 482966, 3779342; 483015, 3779323; 483085, 3779316; 483130, 
3779333; 483166, 3779388; 483157, 3779420; 483113, 3779483; 483107, 
3779505; 483114, 3779526; 483144, 3779553; 483032, 3779645; 483011, 
3779726; 483012, 3779758; 483024, 3779789; 483046, 3779810; 483128, 
3779819; 483202, 3779861; 483223, 3779893; 483168, 3779950; 483167, 
3779993; 483119, 3780055; 483102, 3780112; 483155, 3780249; 483187, 
3780266; 483246, 3780275; 483266, 3780289; 483251, 3780325; 483227, 
3780358; 483201, 3780361; 483213, 3780392; 483236, 3780417; 483332, 
3780470; 483323, 3780505; 483338, 3780567; 483325, 3780589; 483299, 
3780608; 483305, 3780650; 483255, 3780730; 483252, 3780772; 483256, 
3780792; 483291, 3780843; 483302, 3780998; 483313, 3781012; 483341, 
3781128; 483359, 3781159; 483395, 3781196; 483396, 3781210; 483380, 
3781240; 483348, 3781273; 483293, 3781310; 483272, 3781316; 483258, 
3781338; 483237, 3781359; 483202, 3781370; 483187, 3781389; 483201, 
3781395; 483259, 3781369; 483279, 3781340; 483299, 3781326; 483320, 
3781322; 483389, 3781252; 483416, 3781204; 483406, 3781170; 483361, 
3781135; 483346, 3781090; 483347, 3781065; 483311, 3780994; 483321, 
3780955; 483310, 3780895; 483314, 3780826; 483287, 3780805; 483260, 
3780759; 483311, 3780666; 483316, 3780613; 483352, 3780583; 483365, 
3780562; 483363, 3780550; 483340, 3780527; 483341, 3780454; 483304, 
3780446; 483226, 3780380; 483281, 3780285; 483248, 3780263; 483171, 
3780248; 483156, 3780229; 483157, 3780202; 483145, 3780172; 483114, 
3780130; 483116, 3780093; 483128, 3780060; 483176, 3780001; 483177, 
3779972; 483193, 3779939; 483224, 3779911; 483231, 3779895; 483226, 
3779873; 483193, 3779838; 483124, 3779794; 483093, 3779795; 483053, 
3779774; 483030, 3779720; 483032, 3779689; 483042, 3779669; 483158, 
3779560; 483142, 3779528; 483153, 3779479; 483151, 3779446; 483175, 
3779430; 483183, 3779404; 483155, 3779331; 483112, 3779292; 483079, 
3779286; 482981, 3779316; 482959, 3779309; 482953, 3779219; 482909, 
3779131; 482876, 3779102; 482834, 3779091; 482799, 3779102; 482777, 
3779090; 482746, 3779058; 482728, 3778976; 482698, 3778956; 482674, 
3778919; 482647, 3778903; 482653, 3778803; 482631, 3778766; 482629, 
3778746; 482634, 3778735; 482709, 3778712; 482730, 3778690; 482749, 
3778628; 482739, 3778591; 482718, 3778566; 482662, 3778535; 482646, 
3778494; 482677, 3778455; 482746, 3778421; 482766, 3778390; 482771, 
3778359; 482747, 3778334; 482746, 3778318; 482703, 3778293; 482695, 
3778261; 482647, 3778232; 482630, 3778194; 482629, 3778125; 482598, 
3778061; 482597, 3778041; 482618, 3777975; 482617, 3777948; 482601, 
3777929; 482608, 3777891; 482624, 3777865; 482623, 3777848; 482574, 
3777816; 482562, 3777764; 482570, 3777748; 482614, 3777709; 482617, 
3777698; 482598, 3777664; 482553, 3777632; 482539, 3777608; 482544, 
3777575; 482536, 3777545; 482542, 3777496; 482537, 3777413; 482502, 
3777282; 482421, 3777115; 482419, 3777060; 482433, 3777022; 482430, 
3776940; 482454, 3776816; 482510, 3776671; 482512, 3776651; 482495, 
3776628; 482502, 3776592; 482496, 3776521; 482508, 3776483; 482485, 
3776365; 482487, 3776234; 482407, 3776065; 482381, 3776026; 482369, 
3775883; 482376, 3775796; 482361, 3775616; 482349, 3775585; 482302, 
3775567; 482301, 3775517; 482264, 3775492; 482188, 3775365; 482138, 
3775326; 482118, 3775297; 482079, 3775126; 481893, 3774844; 481846, 
3774749; 481819, 3774713; 481769, 3774600; 481710, 3774511; 481675, 
3774473; 481666, 3774436; 481569, 3774317; 481580, 3774312; 481582, 
3774242; 481561, 3774178; 481552, 3774087; 481569, 3773987; 481516, 
3773938; 481262, 3773944; 481022, 3773709; 480977, 3773709; 480901, 
3773664; 480896, 3773650; 480844, 3773614; 480767, 3773517; 480728, 
3773424; 480689, 3773391; 480603, 3773361; 480578, 3773339; 480489, 
3773210; 480400, 3773158; 480339, 3773146; 480320, 3773134; 480257, 
3773030; 480175, 3772983; 480092, 3772948; 480026, 3772935; 479969, 
3772881; 479946, 3772751; 479927, 3772713; 479962, 3772675; 480038, 
3772687; 480096, 3772738; 480277, 3772741; 480470, 3772713; 480581, 
3772668; 480654, 3772659; 480845, 3772662; 480915, 3772725; 480991, 
3772751; 481086, 3772754; 481178, 3772770; 481277, 3772760; 481413, 
3772703; 481479, 3772664; 481532, 3772654; 481552, 3772669; 481594, 
3772656; 481732, 3772690; 481909, 3772604; 482065, 3772614; 482213, 
3772611; 482273, 3772597; 482437, 3772495; 482484, 3772448; 482500, 
3772396; 482537, 3772367; 482609, 3772339; 482659, 3772306; 482678, 
3772280; 482742, 3772240; 482849, 3772177; 482991, 3772157; 483035, 
3772163; 483075, 3772128; 483094, 3772087; 483137, 3772069; 483211, 
3772069; 483445, 3772013;

[[Page 78012]]

483489, 3772026; 483550, 3772022; 483645, 3771973; 483690, 3771969; 
483746, 3771988; 483788, 3771989; 483849, 3771973; 483908, 3771939; 
483940, 3771939; 484021, 3771911; 484116, 3771899; 484183, 3771920; 
484273, 3771898; 484348, 3771902; 484488, 3771830; 484605, 3771877; 
484664, 3771882; 484829, 3771937; 484892, 3771966; 484983, 3771966; 
485142, 3771947; 485332, 3771942; 485482, 3771985; 485526, 3772014; 
485619, 3772037; 485679, 3772071; 485745, 3772075; 485829, 3772064; 
485980, 3772036; 486023, 3772006; 486110, 3772045; 486154, 3772047; 
486196, 3772070; 486243, 3772082; 486293, 3772080; 486342, 3772044; 
486397, 3772044; 486517, 3772085; 486545, 3772110; 486565, 3772144; 
486650, 3772143; 486688, 3772106; 486762, 3772100; 486823, 3772126; 
486881, 3772138; 486912, 3772159; 486960, 3772169; 487044, 3772172; 
487095, 3772149; 487140, 3772139; 487293, 3772139; 487351, 3772210; 
487489, 3772307; 487623, 3772324; 487815, 3772301; 487876, 3772321; 
488012, 3772426; 488315, 3772448; 488368, 3772461; 488508, 3772476; 
488549, 3772476; 488672, 3772420; 488789, 3772439; 488929, 3772451; 
489002, 3772535; 489020, 3772595; 489053, 3772663; 489092, 3772716; 
489215, 3772843; 489277, 3772883; 489321, 3772927; 489400, 3772940; 
489468, 3772973; 489499, 3772997; 489547, 3773019; 489670, 3773142; 
489756, 3773192; 489894, 3773239; 489958, 3773292; 490060, 3773263; 
490077, 3773264; 490181, 3773328; 490291, 3773360; 490319, 3773377; 
490319, 3773332; 490267, 3773290; 489940, 3773170; 489898, 3773168; 
489764, 3773131; 489725, 3773102; 489652, 3773003; 489593, 3772981; 
489512, 3772924; 489411, 3772916; 489365, 3772876; 489332, 3772819; 
489301, 3772788; 489239, 3772768; 489099, 3772606; 489088, 3772568; 
489037, 3772518; 489006, 3772465; 488989, 3772415; 488940, 3772373; 
488934, 3772346; 488976, 3772355; 489017, 3772353; 489044, 3772331; 
489075, 3772327; 489090, 3772305; 489083, 3772256; 489125, 3772217; 
489165, 3772208; 489184, 3772217; 489217, 3772206; 489296, 3772147; 
489301, 3772131; 489329, 3772133; 489395, 3772076; 489488, 3772021; 
489505, 3771905; 489494, 3771856; 489551, 3771815; 489586, 3771736; 
489628, 3771670; 489681, 3771643; 489751, 3771593; 489791, 3771531; 
489857, 3771507; 489912, 3771448; 490006, 3771371; 490059, 3771342; 
490105, 3771334; 490160, 3771287; 490199, 3771272; 490232, 3771216; 
490224, 3771171; 490259, 3771137; 490450, 3771016; 490482, 3771024; 
490527, 3771024; 490567, 3771009; 490672, 3770901; 490751, 3770854; 
490825, 3770828; 490850, 3770803; 490950, 3770739; 491063, 3770712; 
491091, 3770698; 491152, 3770690; 491161, 3770701; 491185, 3770706; 
491218, 3770698; 491296, 3770658; 491324, 3770656; 491413, 3770672; 
491480, 3770670; 491501, 3770660; 491593, 3770661; 491643, 3770683; 
491784, 3770665; 491814, 3770675; 491861, 3770670; 491912, 3770688; 
491941, 3770678; 491987, 3770637; 492029, 3770616; 492116, 3770620; 
492147, 3770635; 492215, 3770618; 492290, 3770623; 492356, 3770617; 
492411, 3770632; 492447, 3770611; 492490, 3770606; 492515, 3770620; 
492570, 3770617; 492598, 3770608; 492603, 3770598; 492695, 3770573; 
492810, 3770564; 492867, 3770552; 493173, 3770549; 493210, 3770543; 
493280, 3770580; 493383, 3770580; 493413, 3770572; 493469, 3770589; 
493544, 3770569; 493624, 3770575; 493647, 3770581; 493703, 3770632; 
493728, 3770640; 493754, 3770665; 493839, 3770695; 493902, 3770732; 
494003, 3770833; 494028, 3770843; 494044, 3770875; 494064, 3770894; 
494085, 3770899; 494117, 3770930; 494143, 3770997; 494208, 3771037; 
494214, 3771063; 494239, 3771079; 494270, 3771077; 494286, 3771142; 
494324, 3771172; 494342, 3771205; 494363, 3771215; 494440, 3771284; 
494458, 3771286; 494478, 3771303; 494518, 3771320; 494561, 3771322; 
494653, 3771405; 494706, 3771511; 494717, 3771511; 494781, 3771552; 
494945, 3771567; 495026, 3771631; 495073, 3771621; 495102, 3771645; 
495222, 3771692; 495224, 3771705; 495302, 3771802; 495391, 3771866; 
495408, 3771887; 495447, 3771888; 495531, 3771909; 495581, 3771906; 
495607, 3771894; 495666, 3771894; 495688, 3771902; 495727, 3771897; 
495836, 3771910; 495954, 3771965; 495987, 3771997; 496021, 3772011; 
496083, 3772012; 496133, 3772059; 496135, 3772074; 496179, 3772095; 
496296, 3772111; 496325, 3772126; 496359, 3772176; 496400, 3772212; 
496477, 3772230; 496542, 3772235; 496567, 3772245; 496600, 3772244; 
496677, 3772311; 496722, 3772334; 496793, 3772343; 496816, 3772373; 
496827, 3772410; 496855, 3772416; 496919, 3772524; 496930, 3772638; 
496981, 3772733; 497031, 3772775; 497090, 3772795; 497204, 3772810; 
497265, 3772785; 497285, 3772790; 497343, 3772845; 497405, 3772941; 
497489, 3772991; 497542, 3773042; 497551, 3773086; 497582, 3773144; 
497652, 3773195; 497701, 3773267; 497721, 3773279; 497766, 3773285; 
497811, 3773324; 497958, 3773424; 498086, 3773408; 498107, 3773418; 
498148, 3773478; 498213, 3773523; 498361, 3773579; 498402, 3773582; 
498440, 3773577; 498578, 3773531; 498594, 3773540; 498635, 3773542; 
498670, 3773535; 498708, 3773542; 498731, 3773532; 498763, 3773551; 
498788, 3773554; 498821, 3773543; 498854, 3773516; 498882, 3773472; 
498915, 3773442; 498951, 3773458; 498978, 3773460; 499089, 3773428; 
499147, 3773389; 499178, 3773397; 499232, 3773391; 499286, 3773357; 
499313, 3773356; 499377, 3773331; 499500, 3773270; 499550, 3773271; 
499575, 3773283; 499610, 3773276; 499615, 3773287; 499670, 3773292; 
499764, 3773257; 499824, 3773205; 499936, 3773203; 499980, 3773163; 
500154, 3773163; 500313, 3773173; 500442, 3773170; 500470, 3773163; 
500495, 3773141; 500566, 3773120; 500645, 3773115; 500771, 3773056; 
500840, 3773049; 500916, 3773009; 500954, 3773004; 500999, 3772979; 
501046, 3772979; 501096, 3772960; 501139, 3772953; 501336, 3772942; 
501369, 3772929; 501421, 3772891; 501455, 3772891; 501533, 3772810; 
501583, 3772770; 501629, 3772757; 501676, 3772771; 501779, 3772851; 
501822, 3772851; 501898, 3772874; 501974, 3772867; 502026, 3772851; 
502072, 3772856; 502101, 3772885; 502148, 3772909; 502192, 3772947; 
502227, 3772955; 502310, 3772955; 502378, 3772942; 502414, 3772924; 
502575, 3772930; 502690, 3772903; 502844, 3772898; 502909, 3772866; 
502961, 3772867; 503003, 3772853; 503079, 3772844; 503172, 3772815; 
503207, 3772815; 503288, 3772783; 503313, 3772783; 503405, 3772728; 
503486, 3772716; 503606, 3772716; 503801, 3772737; 503887, 3772755; 
504014, 3772765; 504077, 3772749; 504192, 3772682; 504236, 3772685; 
504283, 3772672; 504385, 3772622; 504440, 3772622; 504494, 3772635; 
504562, 3772674; 504606, 3772679; 504653, 3772679; 504750, 3772645; 
504791, 3772656; 504845, 3772645; 504927, 3772596; 505018, 3772595; 
505046, 3772582; 505086, 3772544; 505112, 3772502; 505145, 3772468; 
505223, 3772406; 505304, 3772358; 505323, 3772358; 505477, 3772272; 
505485, 3772255; 505472, 3772251; 505416, 3772268; 505338, 3772296; 
505317, 3772317; 505263, 3772330; 505182, 3772401; 505122, 3772413; 
505028, 3772414; 504908, 3772468; 504869, 3772471; 504820, 3772492; 
504708, 3772518; 504635, 3772557; 504543, 3772573; 504249, 3772565;

[[Page 78013]]

504161, 3772588; 504122, 3772588; 504085, 3772609; 503832, 3772627; 
503662, 3772625; 503605, 3772638; 503238, 3772633; 503154, 3772650; 
503094, 3772627; 503042, 3772643; 502949, 3772638; 502923, 3772655; 
502884, 3772664; 502787, 3772642; 502674, 3772684; 502651, 3772708; 
502584, 3772718; 502506, 3772804; 502419, 3772838; 502370, 3772830; 
502282, 3772801; 502216, 3772802; 502166, 3772776; 502128, 3772783; 
502097, 3772768; 502067, 3772739; 502003, 3772707; 501945, 3772695; 
501724, 3772690; 501671, 3772713; 501643, 3772711; 501627, 3772689; 
501593, 3772702; 501494, 3772770; 501405, 3772760; 501314, 3772763; 
501263, 3772791; 501218, 3772831; 501179, 3772849; 501137, 3772856; 
501075, 3772908; 501033, 3772927; 500996, 3772929; 500960, 3772957; 
500838, 3772999; 500807, 3772999; 500769, 3773014; 500723, 3773020; 
500704, 3773036; 500627, 3773069; 500545, 3773086; 500449, 3773125; 
500338, 3773138; 500152, 3773112; 500107, 3773095; 499993, 3773105; 
499938, 3773089; 499888, 3773131; 499696, 3773114; 499666, 3773131; 
499656, 3773150; 499636, 3773161; 499593, 3773166; 499548, 3773198; 
499496, 3773210; 499440, 3773196; 499313, 3773213; 499240, 3773272; 
499181, 3773292; 499130, 3773334; 499079, 3773357; 499056, 3773403; 
499036, 3773421; 498968, 3773445; 498931, 3773432; 498902, 3773434; 
498831, 3773507; 498769, 3773516; 498683, 3773493; 498635, 3773510; 
498529, 3773503; 498437, 3773556; 498398, 3773559; 498386, 3773559; 
498362, 3773537; 498334, 3773542; 498256, 3773475; 498227, 3773467; 
498208, 3773483; 498181, 3773485; 498138, 3773437; 498139, 3773414; 
498118, 3773379; 498054, 3773357; 497992, 3773354; 497922, 3773332; 
497893, 3773303; 497832, 3773276; 497768, 3773203; 497708, 3773181; 
497660, 3773139; 497638, 3773136; 497626, 3773121; 497609, 3773060; 
497507, 3772979; 497481, 3772921; 497459, 3772901; 497421, 3772834; 
497374, 3772784; 497353, 3772789; 497310, 3772765; 497266, 3772758; 
497215, 3772761; 497173, 3772780; 497148, 3772784; 497053, 3772760; 
497024, 3772700; 497035, 3772643; 497026, 3772615; 497003, 3772553; 
496967, 3772522; 496963, 3772417; 496843, 3772314; 496788, 3772297; 
496779, 3772284; 496768, 3772291; 496723, 3772287; 496683, 3772268; 
496628, 3772219; 496551, 3772214; 496528, 3772204; 496494, 3772171; 
496467, 3772159; 496398, 3772099; 496354, 3772038; 496305, 3772005; 
496260, 3771938; 496223, 3771908; 496189, 3771895; 496089, 3771896; 
496023, 3771879; 495987, 3771880; 495963, 3771873; 495890, 3771823; 
495840, 3771807; 495703, 3771806; 495680, 3771818; 495610, 3771821; 
495504, 3771866; 495479, 3771855; 495433, 3771815; 495382, 3771811; 
495346, 3771787; 495328, 3771760; 495246, 3771681; 495210, 3771582; 
495183, 3771546; 495140, 3771527; 495103, 3771526; 495080, 3771513; 
495023, 3771370; 494998, 3771369; 494957, 3771345; 494881, 3771360; 
494855, 3771304; 494833, 3771303; 494806, 3771284; 494767, 3771274; 
494719, 3771227; 494643, 3771210; 494616, 3771178; 494587, 3771159; 
494552, 3771168; 494474, 3771116; 494454, 3771086; 494451, 3771062; 
494436, 3771039; 494418, 3771026; 494413, 3771007; 494317, 3770945; 
494274, 3770887; 494243, 3770864; 494193, 3770855; 494164, 3770840; 
494101, 3770778; 494024, 3770720; 493927, 3770666; 493825, 3770585; 
493680, 3770525; 493651, 3770502; 493603, 3770487; 493572, 3770493; 
493529, 3770469; 493504, 3770474; 493329, 3770443; 493283, 3770447; 
493196, 3770427; 493177, 3770427; 493147, 3770445; 493081, 3770420; 
493018, 3770437; 492984, 3770429; 492698, 3770493; 492507, 3770499; 
492479, 3770510; 492389, 3770504; 492200, 3770517; 492185, 3770524; 
491966, 3770533; 491879, 3770549; 491821, 3770545; 491809, 3770547; 
491805, 3770569; 491739, 3770590; 491700, 3770579; 491582, 3770577; 
491547, 3770565; 491404, 3770576; 491373, 3770570; 491325, 3770597; 
491283, 3770635; 491171, 3770613; 491061, 3770659; 491008, 3770667; 
490970, 3770682; 490950, 3770676; 490926, 3770688; 490896, 3770728; 
490846, 3770762; 490766, 3770763; 490731, 3770774; 490612, 3770844; 
490550, 3770900; 490417, 3770958; 490238, 3771067; 490194, 3771066; 
490129, 3771089; 490101, 3771124; 490045, 3771147; 489996, 3771204; 
489972, 3771219; 489929, 3771235; 489905, 3771235; 489898, 3771208; 
489784, 3771318; 489771, 3771358; 489672, 3771448; 489580, 3771516; 
489503, 3771632; 489501, 3771683; 489470, 3771722; 489415, 3771896; 
489419, 3771916; 489404, 3771938; 489340, 3771986; 489200, 3772054; 
489173, 3772054; 489123, 3772085; 489096, 3772114; 489046, 3772116; 
488998, 3772131; 488931, 3772174; 488883, 3772186; 488806, 3772182; 
488755, 3772171; 488719, 3772174; 488671, 3772192; 488610, 3772189; 
488575, 3772205; 488536, 3772210; 488457, 3772176; 488255, 3772230; 
488117, 3772278; 488035, 3772265; 487952, 3772291; 487896, 3772268; 
487867, 3772238; 487814, 3772204; 487662, 3772186; 487623, 3772167; 
487586, 3772164; 487567, 3772179; 487532, 3772182; 487427, 3772111; 
487295, 3772085; 487057, 3771953; 486960, 3771925; 486843, 3771828; 
486774, 3771826; 486708, 3771835; 486626, 3771861; 486543, 3771861; 
486489, 3771849; 486449, 3771828; 486354, 3771744; 486253, 3771757; 
486202, 3771780; 485784, 3771690; 485600, 3771659; 485511, 3771611; 
485351, 3771552; 485097, 3771511; 484846, 3771520; 484805, 3771542; 
484585, 3771538; 484485, 3771552; 484407, 3771574; 484388, 3771571; 
484288, 3771587; 484169, 3771634; 484083, 3771652; 483973, 3771662; 
483896, 3771684; 483757, 3771706; 483644, 3771748; 483550, 3771761; 
483314, 3771848; 483258, 3771877; 483250, 3771892; 483212, 3771922; 
483177, 3771932; 483134, 3771961; 483096, 3771976; 483047, 3771985; 
483026, 3771975; 482994, 3771935; 482872, 3771995; 482844, 3771981; 
482801, 3771989; 482726, 3772065; 482667, 3772103; 482531, 3772165; 
482463, 3772203; 482413, 3772246; 482336, 3772277; 482301, 3772277; 
482192, 3772343; 482139, 3772364; 482052, 3772358; 481975, 3772362; 
481930, 3772340; 481872, 3772339; 481824, 3772348; 481788, 3772365; 
481773, 3772398; 481744, 3772409; 481678, 3772411; 481639, 3772420; 
481572, 3772415; 481496, 3772449; 481474, 3772442; 481293, 3772449; 
480762, 3772424; 479991, 3772367; 479292, 3772253; 479131, 3772220; 
479081, 3772195; 478711, 3772063; 478444, 3771941; 478245, 3771829; 
477954, 3771642; 477927, 3771635; 477910, 3771615; 477711, 3771479; 
477614, 3771436; 477537, 3771427; 477349, 3771366; 477304, 3771359; 
476657, 3771309; 476456, 3771287; 476289, 3771253; 476105, 3771192; 
thence returning to 476057, 3771160.
    (ii) Map of Subunit 1A (Upper Santa Ana River and Wash) follows:
BILLING CODE 4310-55-P

[[Page 78014]]

[GRAPHIC] [TIFF OMITTED] TR14DE10.001

BILLING CODE 4310-55-C
    (7) Unit 1: Santa Ana River, Orange, Riverside, and San Bernardino 
Counties, California. Subunit 1B: Santa Ana River, Riverside and San 
Bernardino Counties.
    (i) From USGS 1:24,000 quadrangles San Bernardino South, Fontana, 
Riverside West and Corona North. Land bounded by the following UTM) 
NAD83 coordinates (E, N): 475287, 3770647; 475229, 3770631; 475159, 
3770634; 475029, 3770505; 475080, 3770458; 475001, 3770373; 474886, 
3770248; 474792, 3770167; 474561, 3770035; 474404, 3769989; 474266, 
3769962; 474155, 3769951; 474074, 3769980; 474045, 3769929; 473999, 
3769945; 473688, 3769905; 473458, 3769854; 473253, 3769789; 473090, 
3769708; 472936, 3769643; 472759, 3769588; 472637, 3769564; 472418, 
3769505; 472326, 3769464; 472166, 3769356; 472083, 3769264; 471951, 
3769161; 471855, 3769099; 471802, 3769042; 471434, 3768721; 471194, 
3768429; 471073, 3768237; 470973, 3768073; 470781, 3767667; 470656, 
3767503; 470554, 3767389; 470432, 3767289; 470296, 3767200; 470161, 
3767146; 470029, 3767110; 469902, 3767092;

[[Page 78015]]

469859, 3767106; 469823, 3767098; 469385, 3767154; 469306, 3767127; 
469260, 3767137; 469083, 3767227; 468675, 3767473; 468582, 3767509; 
468391, 3767549; 468237, 3767546; 468067, 3767500; 467929, 3767433; 
467866, 3767380; 467752, 3767272; 467669, 3767157; 467639, 3767098; 
467567, 3766824; 467519, 3766710; 467464, 3766483; 467292, 3765982; 
467233, 3765927; 466613, 3765036; 466482, 3764885; 465806, 3763873; 
465375, 3763211; 465110, 3762923; 465002, 3762826; 463832, 3761156; 
463710, 3760987; 463618, 3760876; 463572, 3760800; 463517, 3760737; 
463465, 3760694; 463354, 3760545; 463282, 3760415; 463207, 3760062; 
463139, 3759799; 463064, 3759690; 462928, 3759606; 462834, 3759571; 
462722, 3759616; 462542, 3759615; 462360, 3759590; 462110, 3759479; 
461950, 3759392; 461683, 3759262; 461624, 3759271; 461556, 3759259; 
461475, 3759231; 461374, 3759142; 461261, 3759060; 461216, 3758985; 
461173, 3758850; 461145, 3758709; 461146, 3758554; 461138, 3758439; 
461093, 3758376; 461081, 3758384; 461054, 3758383; 460880, 3758265; 
460852, 3758235; 460700, 3758229; 460666, 3758211; 460567, 3758200; 
460518, 3758210; 460476, 3758245; 460456, 3758283; 460451, 3758342; 
460398, 3758423; 460279, 3758514; 460101, 3758617; 460067, 3758624; 
459988, 3758591; 459958, 3758601; 459894, 3758627; 459833, 3758690; 
459808, 3758699; 459782, 3758696; 459669, 3758598; 459588, 3758579; 
459551, 3758590; 459497, 3758621; 459471, 3758626; 459363, 3758579; 
459299, 3758606; 459239, 3758619; 458984, 3758582; 458895, 3758582; 
458803, 3758622; 458746, 3758679; 458673, 3758672; 458591, 3758638; 
458232, 3758425; 458192, 3758472; 458019, 3758477; 457568, 3758310; 
457103, 3758005; 457024, 3758094; 456958, 3758094; 456803, 3758060; 
456600, 3758039; 456457, 3758096; 456348, 3758091; 456312, 3758066; 
456199, 3758082; 456132, 3758119; 455955, 3758192; 455847, 3758200; 
455775, 3758200; 455710, 3758178; 455671, 3758176; 455539, 3758137; 
455393, 3758074; 455170, 3758055; 454941, 3758312; 454636, 3758298; 
454175, 3758335; 454138, 3758288; 454085, 3758244; 453986, 3758236; 
453611, 3758273; 453546, 3758375; 453470, 3758370; 453446, 3758242; 
453306, 3758233; 453216, 3758207; 453037, 3758252; 452940, 3758256; 
452821, 3758209; 452658, 3758130; 452436, 3758116; 452322, 3758206; 
452198, 3758169; 452090, 3758168; 451989, 3758091; 451913, 3757984; 
451861, 3757980; 451804, 3757955; 451762, 3757892; 451676, 3757846; 
451578, 3757740; 451485, 3757707; 451475, 3757685; 451431, 3757641; 
451359, 3757649; 451117, 3757558; 451068, 3757513; 451056, 3757478; 
451030, 3757461; 451004, 3757422; 450984, 3757371; 450941, 3757322; 
450899, 3757300; 450870, 3757301; 450835, 3757279; 450736, 3757263; 
450719, 3757204; 450687, 3757148; 450638, 3757081; 450578, 3756970; 
450533, 3756928; 450479, 3756905; 450390, 3756893; 450362, 3756898; 
450312, 3756957; 450262, 3756970; 450154, 3756949; 450009, 3756837; 
449983, 3756795; 449898, 3756728; 449784, 3756661; 449686, 3756622; 
449655, 3756619; 449613, 3756594; 449521, 3756575; 449453, 3756504; 
449244, 3756432; 449071, 3756412; 448931, 3756349; 448844, 3756341; 
448704, 3756297; 448634, 3756267; 448532, 3756197; 448342, 3756216; 
448221, 3756252; 448181, 3756284; 448113, 3756305; 448018, 3756288; 
447965, 3756235; 447882, 3756098; 447791, 3755977; 447696, 3755886; 
447620, 3755848; 447438, 3755677; 447334, 3755605; 447241, 3755569; 
447133, 3755545; 447057, 3755463; 446826, 3755321; 446517, 3755207; 
446471, 3755169; 446382, 3755063; 446306, 3754957; 446274, 3754866; 
446263, 3754754; 446282, 3754656; 446278, 3754529; 446242, 3754415; 
446189, 3754364; 446113, 3754388; 446047, 3754366; 445702, 3754197; 
445616, 3754108; 445584, 3754019; 445605, 3753949; 445592, 3753924; 
445495, 3753839; 445421, 3753806; 445340, 3753748; 445215, 3753564; 
445122, 3753511; 444917, 3753374; 444854, 3753369; 444784, 3753397; 
444714, 3753410; 444627, 3753338; 444422, 3753073; 444132, 3752783; 
443977, 3752639; 443831, 3752569; 443884, 3752428; 443804, 3752229; 
443588, 3751960; 443586, 3751843; 443321, 3751543; 443048, 3751297; 
442771, 3751272; 442612, 3751323; 442559, 3751524; 442557, 3751676; 
442627, 3751774; 442766, 3751901; 442944, 3752099; 443080, 3752286; 
443171, 3752388; 443254, 3752443; 443315, 3752458; 443342, 3752433; 
443435, 3752417; 443491, 3752538; 443494, 3752607; 443617, 3752763; 
443840, 3752921; 443942, 3753229; 443999, 3753291; 444171, 3753421; 
444308, 3753477; 444348, 3753522; 444448, 3753581; 444485, 3753628; 
444557, 3753655; 444638, 3753702; 444674, 3753736; 444751, 3753866; 
444635, 3754021; 444578, 3754124; 444563, 3754223; 444606, 3754284; 
444704, 3754296; 444770, 3754285; 444798, 3754299; 444887, 3754412; 
444926, 3754437; 444997, 3754598; 445074, 3754670; 445138, 3754766; 
445173, 3754802; 445240, 3754925; 445296, 3755049; 445418, 3755223; 
445422, 3755412; 445454, 3755509; 445568, 3755631; 445647, 3755745; 
445823, 3755796; 445931, 3755844; 446038, 3755871; 446103, 3755916; 
446215, 3755965; 446227, 3756187; 446315, 3756359; 446434, 3756431; 
446792, 3756428; 446781, 3756304; 446855, 3756294; 446940, 3756322; 
447152, 3756341; 447190, 3756286; 447397, 3756322; 447470, 3756349; 
447499, 3756330; 447573, 3756315; 447627, 3756493; 447683, 3756519; 
447769, 3756523; 448315, 3756434; 448392, 3756404; 448507, 3756389; 
448533, 3756408; 448632, 3756532; 448626, 3756740; 448878, 3756743; 
448923, 3756771; 449014, 3756770; 449088, 3756789; 449137, 3756837; 
449137, 3756875; 449120, 3756897; 449230, 3757095; 449314, 3757359; 
449327, 3757446; 449386, 3757495; 449409, 3757543; 449462, 3757605; 
449570, 3757664; 449678, 3757687; 449775, 3757679; 449863, 3757658; 
450158, 3757559; 450241, 3757574; 450420, 3757565; 450434, 3757590; 
450531, 3757597; 450662, 3757589; 450706, 3757622; 450812, 3757644; 
450857, 3757670; 451058, 3757892; 451071, 3757930; 451069, 3757958; 
451027, 3757969; 451055, 3758008; 451090, 3758083; 451125, 3758114; 
451167, 3758170; 451237, 3758222; 451258, 3758182; 451322, 3758223; 
451437, 3758362; 451502, 3758463; 451558, 3758596; 451623, 3758660; 
451644, 3758666; 451658, 3758720; 451674, 3758722; 451694, 3758759; 
451781, 3758825; 451826, 3758844; 451862, 3758845; 451912, 3758891; 
451926, 3758922; 452020, 3759032; 452031, 3759075; 452121, 3759233; 
452108, 3759279; 452205, 3759466; 452245, 3759497; 452372, 3759489; 
452470, 3759496; 452561, 3759524; 452739, 3759509; 452837, 3759518; 
452999, 3759517; 453098, 3759437; 453168, 3759413; 453313, 3759396; 
453518, 3759314; 453520, 3759297; 453700, 3759223; 453713, 3759201; 
453710, 3759162; 453823, 3759160; 453838, 3759175; 453872, 3759162; 
454000, 3759160; 454079, 3759173; 454112, 3759164; 454189, 3759168; 
454344, 3759143; 454459, 3759146; 454478, 3759126; 454478, 3759075; 
454497, 3759060; 454662, 3759050; 454681, 3759035; 454676, 3758998; 
454740, 3758985; 454803, 3758981; 454874, 3758960; 454900, 3758984; 
454969, 3758929; 455040, 3758850; 455085, 3758813; 455179, 3758797; 
455230, 3758776; 455311, 3758776; 455348, 3758791; 455422, 3758773;

[[Page 78016]]

455542, 3758724; 455640, 3758653; 455684, 3758630; 455894, 3758573; 
455933, 3758536; 455953, 3758542; 456017, 3758491; 456056, 3758506; 
456151, 3758514; 456247, 3758572; 456405, 3758489; 456442, 3758488; 
456516, 3758467; 456586, 3758422; 456615, 3758426; 456684, 3758405; 
456722, 3758415; 456839, 3758398; 456865, 3758403; 456939, 3758385; 
457104, 3758438; 457223, 3758448; 457304, 3758435; 457702, 3758492; 
457770, 3758529; 457905, 3758566; 457974, 3758605; 458022, 3758651; 
458044, 3758649; 458066, 3758660; 458148, 3758770; 458194, 3758778; 
458288, 3758770; 458325, 3758778; 458425, 3758810; 458475, 3758848; 
458511, 3758847; 458573, 3758828; 458606, 3758838; 458643, 3758837; 
458807, 3758812; 458879, 3758814; 458951, 3758835; 459084, 3758920; 
459200, 3758945; 459240, 3758985; 459310, 3759007; 459349, 3759001; 
459379, 3758982; 459397, 3758954; 459425, 3758954; 459467, 3758973; 
459481, 3758959; 459475, 3758942; 459480, 3758917; 459577, 3758863; 
459673, 3758850; 459711, 3758856; 459814, 3758900; 459909, 3758923; 
459966, 3758965; 460058, 3758999; 460082, 3758993; 460103, 3758999; 
460127, 3759030; 460135, 3759063; 460091, 3759130; 460071, 3759243; 
460080, 3759299; 460118, 3759338; 460170, 3759370; 460238, 3759384; 
460478, 3759331; 460520, 3759373; 460542, 3759425; 460534, 3759471; 
460579, 3759566; 460619, 3759622; 460645, 3759613; 460663, 3759535; 
460651, 3759462; 460613, 3759421; 460556, 3759332; 460549, 3759281; 
460627, 3759285; 460791, 3759250; 460819, 3759269; 460853, 3759391; 
460911, 3759364; 460930, 3759362; 460954, 3759376; 461010, 3759427; 
461032, 3759431; 461160, 3759524; 461327, 3759664; 461377, 3759636; 
461527, 3759702; 461557, 3759684; 461617, 3759720; 461673, 3759738; 
461732, 3759747; 461855, 3759730; 461889, 3759733; 461948, 3759746; 
462053, 3759798; 462485, 3760035; 462552, 3760058; 462779, 3760280; 
463156, 3760759; 463598, 3761341; 464430, 3762512; 464799, 3763080; 
464826, 3763114; 464859, 3763130; 464918, 3763222; 465105, 3763517; 
465125, 3763584; 465188, 3763643; 465209, 3763734; 465234, 3763796; 
465283, 3763859; 465311, 3763917; 465412, 3763986; 465446, 3764062; 
465484, 3764115; 465517, 3764142; 465574, 3764228; 465627, 3764279; 
465649, 3764287; 465752, 3764392; 466428, 3765270; 466937, 3765975; 
467052, 3766181; 467363, 3767127; 467077, 3767537; 467104, 3767561; 
467377, 3767168; 467433, 3767285; 467572, 3767479; 467690, 3767592; 
467798, 3767670; 467910, 3767731; 468021, 3767772; 468142, 3767804; 
468351, 3767834; 468471, 3767824; 468638, 3767789; 468822, 3767713; 
469024, 3767573; 469035, 3767425; 468990, 3767383; 469175, 3767288; 
469224, 3767276; 469306, 3767275; 469358, 3767299; 469404, 3767305; 
469510, 3767297; 469749, 3767338; 469811, 3767359; 469930, 3767356; 
470051, 3767387; 470196, 3767456; 470310, 3767524; 470417, 3767621; 
470518, 3767745; 470658, 3768013; 470778, 3768272; 470916, 3768459; 
471212, 3768803; 471529, 3769081; 471623, 3769057; 471821, 3769227; 
472051, 3769453; 472194, 3769572; 472239, 3769631; 472361, 3769681; 
472563, 3769721; 472751, 3769748; 472929, 3769832; 473093, 3769923; 
473440, 3770175; 473501, 3770110; 473436, 3770056; 473542, 3770075; 
473967, 3770118; 474147, 3770116; 474275, 3770091; 474407, 3770148; 
474552, 3770242; 474704, 3770351; 474836, 3770485; 474879, 3770530; 
474893, 3770560; 475055, 3770728; 475149, 3770814; 475296, 3770915; 
475356, 3770980; 475540, 3771112; 475687, 3771196; 475841, 3771271; 
476057, 3771361; 476057, 3771160; 475989, 3771114; 475708, 3770974; 
475635, 3770951; 475583, 3770925; 475605, 3770914; 475322, 3770688; 
thence returning to 475287, 3770647.
    (ii) Map of Subunit 1B: (Santa Ana River) follows:
BILLING CODE 4310-55-P

[[Page 78017]]

[GRAPHIC] [TIFF OMITTED] TR14DE10.002

    (8) Unit 1: Santa Ana River, Orange, Riverside, and San Bernardino 
Counties, California. Subunit 1C: Lower Santa Ana River, Orange and 
Riverside Counties.
    (i) From USGS 1:24,000 quadrangles Prado, Black Star Canyon and 
Orange. Land bounded by the following UTM) NAD83 coordinates (E, N): 
439123, 3749777; 439223, 3749735; 439317, 3749737; 439475, 3749686; 
439567, 3749560; 439645, 3749469; 439774, 3749500; 439943, 3749500; 
440112, 3749446; 440161, 3749312; 439660, 3749201; 439520, 3749378; 
439460, 3749399; 439399, 3749439; 439319, 3749542; 439301, 3749594; 
439265, 3749606; 438894, 3749562; 438796, 3749584; 438742, 3749566; 
438596, 3749491; 438516, 3749437; 438459, 3749364; 438448, 3749294; 
438464, 3749237; 438366, 3748852; 438340, 3748760; 438283, 3748727; 
438185, 3748276; 438122, 3748139; 438057, 3748079; 437949, 3748001; 
437654, 3747892; 437464, 3747866; 437373, 3747865; 437292, 3747874; 
437143, 3747915; 436895, 3748028; 436812, 3748073; 436669, 3748199; 
436625, 3748312; 436585, 3748391; 436572,

[[Page 78018]]

3748468; 436552, 3748505; 436412, 3748579; 436342, 3748576; 436215, 
3748550; 436049, 3748462; 435917, 3748476; 435808, 3748471; 435704, 
3748457; 435613, 3748433; 435486, 3748378; 434802, 3748017; 434587, 
3748012; 434512, 3748021; 434282, 3747955; 434121, 3747940; 434051, 
3748000; 433979, 3747999; 433872, 3747880; 433731, 3747851; 433421, 
3747832; 433139, 3747793; 433063, 3747795; 432963, 3747813; 432893, 
3747763; 432803, 3747785; 432229, 3748058; 432204, 3748085; 432188, 
3748119; 432177, 3748181; 432152, 3748235; 432154, 3748312; 432121, 
3748473; 432121, 3748544; 432109, 3748577; 432073, 3748614; 431926, 
3748722; 431859, 3748810; 431778, 3748866; 431712, 3748889; 431641, 
3748901; 431491, 3748890; 431431, 3748872; 431353, 3748830; 431068, 
3748646; 430666, 3748361; 430432, 3748227; 430080, 3748058; 429848, 
3747970; 429591, 3747848; 429403, 3747735; 427822, 3746840; 427649, 
3746756; 427447, 3746689; 426581, 3746504; 426126, 3746415; 425941, 
3746399; 425853, 3746399; 425852, 3746506; 426009, 3746515; 426141, 
3746535; 426882, 3746670; 427227, 3746745; 427560, 3746829; 427676, 
3746876; 427804, 3746941; 429341, 3747823; 429709, 3748019; 430328, 
3748290; 430502, 3748391; 430618, 3748476; 430744, 3748552; 430779, 
3748589; 430805, 3748697; 430811, 3748761; 430803, 3748798; 430965, 
3748887; 431072, 3748985; 431224, 3748977; 431238, 3748986; 431242, 
3749070; 431317, 3749218; 431364, 3749269; 431432, 3749309; 431499, 
3749332; 431587, 3749338; 431684, 3749320; 431776, 3749271; 431969, 
3749136; 432292, 3748817; 432333, 3748763; 432550, 3748356; 432609, 
3748267; 432685, 3748186; 432851, 3748105; 432954, 3748084; 433122, 
3748085; 433261, 3748126; 433392, 3748186; 433613, 3748269; 433765, 
3748320; 433894, 3748351; 433999, 3748358; 434076, 3748343; 434133, 
3748371; 434288, 3748376; 434351, 3748281; 434404, 3748286; 434530, 
3748262; 434587, 3748282; 434673, 3748289; 434864, 3748352; 434926, 
3748398; 435009, 3748431; 435174, 3748416; 435499, 3748568; 435539, 
3748608; 435628, 3748636; 435712, 3748625; 435815, 3748647; 435867, 
3748648; 435893, 3748665; 435890, 3748729; 435980, 3748742; 436024, 
3748773; 436433, 3748700; 436638, 3748607; 436667, 3748461; 436746, 
3748352; 436783, 3748279; 436785, 3748204; 436804, 3748152; 436893, 
3748104; 437012, 3748021; 437085, 3747983; 437383, 3747900; 437493, 
3747898; 437586, 3747904; 437681, 3747928; 437884, 3748054; 438053, 
3748138; 438099, 3748182; 438134, 3748265; 438212, 3748574; 438227, 
3748689; 438252, 3748775; 438235, 3748844; 438250, 3748959; 438290, 
3749147; 438351, 3749356; 438405, 3749440; 438637, 3749625; 438734, 
3749688; 438816, 3749730; 438873, 3749735; 438903, 3749767; 438985, 
3749795; thence returning to 439123, 3749777.
    (i) Map of Subunit 1C (Lower Santa Ana River) follows:

[[Page 78019]]

[GRAPHIC] [TIFF OMITTED] TR14DE10.003

BILLING CODE 4310-55-C
    (9) Unit 2: San Gabriel River, Los Angeles County, California.
    (i) From USGS 1:24,000 quadrangles Mount Baldy, Mount San Antonia, 
Crystal Lake, Waterman Mountain, Azusa and Glendora. Land bounded by 
the following UTM NAD83 coordinates (E, N): 412207, 3789649; 412240, 
3789651; 412263, 3789642; 412291, 3789622; 412319, 3789588; 412362, 
3789390; 412369, 3789285; 412385, 3789277; 412401, 3789280; 412418, 
3789291; 412456, 3789343; 412507, 3789432; 412570, 3789514; 412622, 
3789548; 412647, 3789547; 412666, 3789539; 412678, 3789496; 412694, 
3789488; 412703, 3789493; 412747, 3789568; 412758, 3789617; 412751, 
3789642; 412770, 3789656; 412790, 3789696; 412843, 3789762; 412866, 
3789779; 412934, 3789799; 412952, 3789788; 412954, 3789775; 412945, 
3789723; 412951, 3789658; 413055, 3789562; 413156, 3789439; 413169, 
3789408; 413230, 3789343; 413269, 3789328; 413330, 3789348; 413367, 
3789370; 413398, 3789365; 413418, 3789326; 413387, 3789291; 413389, 
3789230; 413398, 3789203; 413415,

[[Page 78020]]

3789189; 413520, 3789234; 413571, 3789248; 413614, 3789245; 413634, 
3789236; 413754, 3789237; 413924, 3789215; 413963, 3789231; 413980, 
3789249; 413998, 3789296; 413995, 3789357; 414044, 3789392; 414092, 
3789400; 414188, 3789383; 414255, 3789386; 414333, 3789359; 414360, 
3789355; 414391, 3789361; 414444, 3789400; 414473, 3789449; 414486, 
3789499; 414471, 3789593; 414481, 3789615; 414507, 3789619; 414524, 
3789612; 414550, 3789620; 414605, 3789596; 414719, 3789580; 414739, 
3789589; 414779, 3789633; 414817, 3789655; 414900, 3789683; 414953, 
3789693; 414995, 3789691; 415037, 3789685; 415066, 3789665; 415089, 
3789635; 415107, 3789587; 415120, 3789449; 415133, 3789414; 415159, 
3789405; 415189, 3789413; 415284, 3789464; 415323, 3789472; 415370, 
3789452; 415384, 3789422; 415448, 3789386; 415562, 3789290; 415637, 
3789258; 415676, 3789256; 415717, 3789267; 415742, 3789292; 415758, 
3789317; 415766, 3789367; 415808, 3789412; 415838, 3789430; 415883, 
3789441; 415929, 3789438; 416010, 3789414; 416081, 3789421; 416111, 
3789439; 416182, 3789523; 416245, 3789650; 416275, 3789668; 416403, 
3789670; 416466, 3789705; 416480, 3789725; 416482, 3789857; 416497, 
3789880; 416565, 3789892; 416634, 3789867; 416805, 3789827; 416846, 
3789801; 416886, 3789795; 417009, 3789821; 417030, 3789845; 417034, 
3789864; 417036, 3789973; 417025, 3790011; 417081, 3790064; 417106, 
3790079; 417114, 3790095; 417150, 3790127; 417148, 3790147; 417168, 
3790180; 417176, 3790202; 417173, 3790227; 417181, 3790234; 417203, 
3790188; 417180, 3790147; 417182, 3790129; 417174, 3790105; 417150, 
3790064; 417058, 3790000; 417071, 3789987; 417059, 3789899; 417077, 
3789873; 417079, 3789829; 417115, 3789801; 417208, 3789772; 417299, 
3789726; 417375, 3789658; 417394, 3789630; 417422, 3789560; 417428, 
3789488; 417420, 3789287; 417430, 3789265; 417481, 3789207; 417516, 
3789184; 417606, 3789192; 417737, 3789152; 417806, 3789209; 417832, 
3789271; 417880, 3789293; 417944, 3789274; 418087, 3789178; 418330, 
3789112; 418543, 3789101; 418557, 3789121; 418562, 3789151; 418521, 
3789207; 418442, 3789258; 418306, 3789300; 418282, 3789320; 418278, 
3789365; 418344, 3789470; 418360, 3789511; 418358, 3789541; 418345, 
3789578; 418255, 3789704; 418237, 3789752; 418252, 3789822; 418286, 
3789840; 418423, 3789874; 418447, 3789898; 418464, 3789925; 418460, 
3789957; 418426, 3790024; 418430, 3790062; 418461, 3790103; 418501, 
3790121; 418623, 3790101; 418602, 3790199; 418610, 3790286; 418625, 
3790332; 418621, 3790404; 418591, 3790473; 418608, 3790508; 418642, 
3790541; 418758, 3790583; 418763, 3790696; 418743, 3790732; 418683, 
3790787; 418674, 3790810; 418688, 3790849; 418711, 3790992; 418630, 
3791137; 418556, 3791189; 418527, 3791221; 418511, 3791292; 418488, 
3791304; 418436, 3791277; 418392, 3791216; 418336, 3791222; 418268, 
3791252; 418222, 3791285; 418173, 3791376; 418166, 3791413; 418142, 
3791456; 418132, 3791497; 418146, 3791542; 418138, 3791585; 418119, 
3791615; 418076, 3791634; 418033, 3791670; 417937, 3791698; 417860, 
3791750; 417818, 3791755; 417781, 3791772; 417755, 3791797; 417747, 
3791826; 417753, 3791848; 417829, 3791896; 417830, 3791918; 417787, 
3791970; 417739, 3792001; 417698, 3792018; 417653, 3792023; 417608, 
3792045; 417566, 3792083; 417555, 3792129; 417558, 3792167; 417586, 
3792219; 417654, 3792283; 417707, 3792297; 417807, 3792267; 417881, 
3792278; 417907, 3792297; 417930, 3792386; 417989, 3792426; 417999, 
3792459; 417994, 3792499; 417974, 3792530; 417964, 3792570; 417917, 
3792615; 417881, 3792671; 417868, 3792681; 417799, 3792653; 417788, 
3792666; 417832, 3792701; 417856, 3792705; 417890, 3792697; 417961, 
3792624; 417998, 3792613; 418080, 3792745; 418103, 3792752; 418102, 
3792731; 418044, 3792616; 418051, 3792586; 418077, 3792555; 418070, 
3792454; 418039, 3792404; 417969, 3792355; 417963, 3792313; 417950, 
3792279; 417913, 3792247; 417860, 3792233; 417797, 3792229; 417771, 
3792251; 417715, 3792260; 417697, 3792254; 417678, 3792229; 417658, 
3792224; 417610, 3792170; 417618, 3792127; 417679, 3792066; 417756, 
3792035; 417809, 3792003; 417850, 3791965; 417864, 3791920; 417861, 
3791882; 417823, 3791836; 417832, 3791817; 417927, 3791741; 417968, 
3791717; 418019, 3791712; 418128, 3791675; 418157, 3791645; 418196, 
3791543; 418209, 3791435; 418226, 3791391; 418261, 3791355; 418302, 
3791325; 418341, 3791311; 418414, 3791346; 418449, 3791354; 418527, 
3791322; 418545, 3791279; 418576, 3791246; 418606, 3791240; 418720, 
3791129; 418749, 3791089; 418758, 3791037; 418758, 3790905; 418795, 
3790733; 418843, 3790650; 418849, 3790613; 418841, 3790574; 418820, 
3790547; 418779, 3790520; 418696, 3790504; 418681, 3790484; 418760, 
3790376; 418760, 3790352; 418751, 3790338; 418721, 3790336; 418681, 
3790346; 418666, 3790332; 418659, 3790308; 418658, 3790273; 418757, 
3790057; 418745, 3790033; 418718, 3790024; 418679, 3790024; 418560, 
3790057; 418525, 3790050; 418507, 3790034; 418547, 3789923; 418527, 
3789875; 418424, 3789810; 418385, 3789802; 418357, 3789786; 418335, 
3789756; 418328, 3789709; 418404, 3789566; 418409, 3789518; 418389, 
3789460; 418336, 3789358; 418352, 3789336; 418387, 3789306; 418460, 
3789287; 418529, 3789251; 418599, 3789202; 418785, 3789206; 418836, 
3789224; 418858, 3789266; 418872, 3789341; 418889, 3789371; 418923, 
3789389; 419098, 3789384; 419165, 3789389; 419193, 3789409; 419246, 
3789473; 419313, 3789501; 419402, 3789478; 419460, 3789476; 419612, 
3789447; 419698, 3789441; 419741, 3789428; 419832, 3789334; 419876, 
3789313; 419913, 3789313; 419903, 3789408; 419915, 3789476; 419964, 
3789615; 419984, 3789648; 420024, 3789689; 420198, 3789822; 420319, 
3790052; 420363, 3790081; 420458, 3790067; 420489, 3790128; 420538, 
3790166; 420600, 3790208; 420650, 3790229; 420688, 3790267; 420787, 
3790316; 420833, 3790408; 420894, 3790494; 420967, 3790571; 420980, 
3790727; 421021, 3790900; 421053, 3790992; 421136, 3791056; 421230, 
3791113; 421275, 3791156; 421330, 3791235; 421407, 3791304; 421456, 
3791342; 421583, 3791415; 421835, 3791456; 422070, 3791428; 422217, 
3791429; 422289, 3791641; 422275, 3791683; 422279, 3791771; 422266, 
3791855; 422077, 3792392; 422043, 3792547; 422068, 3792606; 422057, 
3792641; 422076, 3792719; 422064, 3792757; 422069, 3792797; 422098, 
3792814; 422107, 3792998; 422117, 3793017; 422146, 3793040; 422178, 
3793045; 422204, 3793031; 422220, 3793013; 422225, 3792910; 422218, 
3792868; 422236, 3792808; 422241, 3792749; 422242, 3792696; 422184, 
3792571; 422191, 3792508; 422162, 3792399; 422176, 3792356; 422226, 
3792290; 422244, 3792250; 422245, 3792206; 422259, 3792173; 422344, 
3792083; 422359, 3792054; 422363, 3792014; 422353, 3791901; 422413, 
3791745; 422408, 3791694; 422415, 3791638; 422443, 3791651; 422477, 
3791681; 422509, 3791741; 422547, 3791767; 422691, 3791807; 422702, 
3791850; 422726, 3791876; 422752, 3791902; 422821, 3791938; 422859, 
3791979; 422987, 3792041; 423080, 3792040; 423103, 3792053; 423116, 
3792094; 423184, 3792130; 423237, 3792145; 423349, 3792138; 423393,

[[Page 78021]]

3792123; 423447, 3792042; 423482, 3792008; 423515, 3791992; 423704, 
3791985; 423721, 3792013; 423727, 3792051; 423714, 3792081; 423718, 
3792134; 423742, 3792152; 423778, 3792152; 423866, 3792128; 423897, 
3792131; 423935, 3792180; 423969, 3792244; 423999, 3792256; 424060, 
3792255; 424142, 3792305; 424177, 3792298; 424232, 3792256; 424223, 
3792230; 424191, 3792232; 424158, 3792252; 424131, 3792247; 424069, 
3792211; 423999, 3792207; 423975, 3792192; 423932, 3792125; 423924, 
3792098; 423894, 3792083; 423857, 3792087; 423817, 3792107; 423785, 
3792107; 423775, 3792097; 423801, 3792058; 423804, 3792010; 423774, 
3791967; 423744, 3791942; 423697, 3791935; 423602, 3791945; 423570, 
3791934; 423479, 3791933; 423435, 3791946; 423400, 3791977; 423367, 
3792035; 423322, 3792065; 423181, 3792070; 423124, 3792007; 423091, 
3791944; 423057, 3791916; 423013, 3791937; 422969, 3791947; 422934, 
3791933; 422838, 3791883; 422730, 3791763; 422688, 3791732; 422547, 
3791684; 422510, 3791640; 422457, 3791507; 422397, 3791437; 422322, 
3791419; 422238, 3791338; 422122, 3791306; 422063, 3791304; 422027, 
3791313; 422009, 3791346; 421984, 3791363; 421947, 3791344; 421909, 
3791299; 421751, 3791247; 421647, 3791230; 421568, 3791198; 421473, 
3791147; 421386, 3791064; 421285, 3790999; 421202, 3790968; 421148, 
3790903; 421128, 3790845; 421084, 3790762; 421114, 3790695; 421134, 
3790587; 421127, 3790546; 421101, 3790526; 421063, 3790467; 421042, 
3790385; 421002, 3790341; 420919, 3790286; 420864, 3790235; 420807, 
3790204; 420726, 3790197; 420674, 3790183; 420613, 3790078; 420539, 
3790039; 420388, 3790008; 420349, 3789990; 420331, 3789956; 420332, 
3789891; 420315, 3789863; 420290, 3789847; 420276, 3789825; 420251, 
3789739; 420227, 3789713; 420193, 3789710; 420068, 3789662; 420006, 
3789618; 419991, 3789588; 420000, 3789519; 419945, 3789398; 419955, 
3789352; 419985, 3789321; 420035, 3789323; 420151, 3789303; 420209, 
3789312; 420248, 3789340; 420282, 3789378; 420341, 3789498; 420400, 
3789551; 420472, 3789580; 420532, 3789563; 420584, 3789499; 420591, 
3789426; 420583, 3789370; 420592, 3789224; 420629, 3789168; 420674, 
3789123; 420718, 3789117; 420765, 3789119; 420815, 3789139; 420975, 
3789222; 421019, 3789216; 421049, 3789224; 421075, 3789251; 421151, 
3789290; 421234, 3789348; 421337, 3789386; 421536, 3789352; 421578, 
3789334; 421623, 3789298; 421651, 3789213; 421723, 3789149; 421832, 
3788918; 421867, 3788866; 421895, 3788858; 422195, 3788697; 422234, 
3788645; 422282, 3788508; 422307, 3788465; 422340, 3788464; 422391, 
3788493; 422392, 3788515; 422436, 3788571; 422553, 3788602; 422595, 
3788692; 422611, 3788678; 422660, 3788678; 422687, 3788715; 422770, 
3788760; 422854, 3788834; 422963, 3788881; 423090, 3788898; 423175, 
3788875; 423211, 3788858; 423230, 3788839; 423427, 3788793; 423452, 
3788807; 423494, 3788784; 423527, 3788786; 423596, 3788805; 423617, 
3788818; 423792, 3788860; 423944, 3788862; 424060, 3788939; 424168, 
3789076; 424227, 3789101; 424258, 3789099; 424325, 3789064; 424413, 
3788986; 424467, 3788855; 424486, 3788840; 424507, 3788835; 424517, 
3788783; 424608, 3788722; 424703, 3788699; 424815, 3788695; 425139, 
3788730; 425294, 3788759; 425323, 3788773; 425346, 3788766; 425374, 
3788736; 425450, 3788693; 425556, 3788681; 425643, 3788685; 425686, 
3788656; 425782, 3788538; 425850, 3788537; 425882, 3788516; 425909, 
3788485; 425982, 3788436; 426048, 3788414; 426068, 3788394; 426206, 
3788364; 426319, 3788277; 426394, 3788191; 426461, 3788164; 426534, 
3788159; 426584, 3788182; 426626, 3788178; 426648, 3788191; 426681, 
3788232; 426707, 3788246; 426699, 3788309; 426703, 3788336; 426728, 
3788356; 426769, 3788369; 426823, 3788374; 426894, 3788317; 426933, 
3788261; 426984, 3788210; 427015, 3788206; 427080, 3788221; 427142, 
3788271; 427246, 3788317; 427290, 3788328; 427318, 3788312; 427352, 
3788309; 427392, 3788290; 427424, 3788208; 427428, 3788146; 427492, 
3788073; 427552, 3788024; 427675, 3788008; 427749, 3788018; 427850, 
3787987; 427962, 3787977; 428043, 3787993; 428111, 3787996; 428180, 
3787978; 428217, 3787943; 428245, 3787937; 428268, 3787943; 428317, 
3787976; 428507, 3788018; 428567, 3788044; 428602, 3788050; 428680, 
3788046; 428711, 3788036; 428733, 3788016; 428769, 3788001; 428842, 
3787977; 428913, 3787927; 428945, 3787916; 429050, 3787853; 429124, 
3787859; 429141, 3787875; 429154, 3787924; 429154, 3787968; 429137, 
3788014; 429131, 3788062; 429137, 3788115; 429161, 3788237; 429192, 
3788295; 429194, 3788352; 429211, 3788369; 429235, 3788441; 429254, 
3788466; 429279, 3788484; 429360, 3788487; 429364, 3788500; 429338, 
3788545; 429308, 3788569; 429279, 3788625; 429278, 3788664; 429243, 
3788753; 429251, 3788783; 429278, 3788805; 429354, 3788831; 429396, 
3788830; 429460, 3788807; 429531, 3788824; 429534, 3788842; 429495, 
3788906; 429484, 3788971; 429434, 3789023; 429426, 3789091; 429448, 
3789123; 429491, 3789146; 429530, 3789157; 429573, 3789159; 429617, 
3789151; 429657, 3789141; 429688, 3789120; 429719, 3789110; 429773, 
3789118; 429793, 3789133; 429817, 3789176; 429810, 3789259; 429801, 
3789280; 429822, 3789330; 429825, 3789371; 429867, 3789431; 429892, 
3789446; 429912, 3789470; 429943, 3789527; 429982, 3789679; 429947, 
3789792; 429940, 3789889; 429980, 3789926; 429986, 3789948; 429977, 
3789977; 429990, 3790060; 430002, 3790080; 430060, 3790119; 430085, 
3790147; 430085, 3790224; 430040, 3790368; 430035, 3790417; 430044, 
3790437; 430099, 3790486; 430113, 3790558; 430106, 3790580; 430083, 
3790601; 430013, 3790639; 430001, 3790708; 430030, 3790739; 430157, 
3790832; 430195, 3790844; 430214, 3790841; 430246, 3790819; 430269, 
3790821; 430324, 3790850; 430333, 3790868; 430320, 3790914; 430325, 
3791033; 430368, 3791056; 430409, 3791055; 430488, 3791008; 430601, 
3790989; 430672, 3791003; 430784, 3791083; 430821, 3791097; 430847, 
3791095; 430864, 3791081; 430887, 3791026; 430878, 3791004; 430880, 
3790982; 430917, 3790977; 430950, 3790992; 430982, 3791026; 431013, 
3791040; 431061, 3791020; 431136, 3791031; 431182, 3791077; 431202, 
3791138; 431225, 3791161; 431234, 3791189; 431221, 3791241; 431135, 
3791244; 431122, 3791278; 431059, 3791320; 431049, 3791343; 431056, 
3791367; 431124, 3791450; 431178, 3791492; 431244, 3791522; 431253, 
3791547; 431254, 3791573; 431242, 3791596; 431208, 3791628; 431183, 
3791669; 431173, 3791704; 431178, 3791901; 431186, 3791923; 431166, 
3791948; 431159, 3791976; 431159, 3792018; 431234, 3792101; 431231, 
3792147; 431208, 3792174; 431114, 3792204; 431079, 3792250; 431068, 
3792294; 431094, 3792324; 431140, 3792342; 431141, 3792364; 431161, 
3792397; 431219, 3792443; 431224, 3792484; 431205, 3792536; 431098, 
3792668; 431020, 3792747; 430974, 3792783; 430858, 3792821; 430693, 
3792937; 430668, 3792996; 430659, 3793111; 430629, 3793215; 430572, 
3793348; 430606, 3793428; 430652, 3793454; 430691, 3793452; 430725, 
3793440; 430753, 3793445; 430765, 3793467; 430766, 3793487; 430728, 
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[[Page 78022]]

3793664; 430745, 3793649; 430766, 3793653; 430865, 3793718; 431001, 
3793773; 431011, 3793784; 431039, 3793789; 431084, 3793782; 431152, 
3793830; 431162, 3793818; 431185, 3793837; 431208, 3793843; 431261, 
3793830; 431230, 3793804; 431205, 3793815; 431177, 3793802; 431142, 
3793812; 431096, 3793769; 431075, 3793767; 431058, 3793750; 431040, 
3793756; 431012, 3793750; 430928, 3793705; 430871, 3793655; 430851, 
3793649; 430815, 3793612; 430740, 3793615; 430714, 3793606; 430780, 
3793551; 430806, 3793489; 430803, 3793452; 430787, 3793424; 430758, 
3793407; 430664, 3793418; 430639, 3793415; 430620, 3793359; 430653, 
3793306; 430653, 3793265; 430664, 3793244; 430775, 3793154; 430813, 
3793091; 430839, 3793026; 431182, 3792705; 431303, 3792547; 431315, 
3792506; 431311, 3792463; 431296, 3792409; 431271, 3792360; 431228, 
3792329; 431162, 3792315; 431145, 3792298; 431141, 3792276; 431144, 
3792253; 431201, 3792238; 431277, 3792207; 431309, 3792174; 431306, 
3792143; 431281, 3792068; 431217, 3791949; 431230, 3791894; 431215, 
3791832; 431253, 3791678; 431307, 3791582; 431315, 3791553; 431309, 
3791519; 431284, 3791509; 431238, 3791466; 431181, 3791442; 431128, 
3791394; 431130, 3791368; 431147, 3791344; 431169, 3791329; 431265, 
3791300; 431287, 3791282; 431308, 3791219; 431302, 3791191; 431200, 
3791022; 431144, 3790985; 431111, 3790982; 431057, 3790991; 431012, 
3790984; 430890, 3790932; 430867, 3790937; 430850, 3790953; 430820, 
3791014; 430802, 3791024; 430777, 3791024; 430734, 3790985; 430721, 
3790961; 430590, 3790915; 430507, 3790908; 430451, 3790938; 430418, 
3790975; 430385, 3790975; 430374, 3790953; 430385, 3790900; 430374, 
3790826; 430270, 3790792; 430207, 3790795; 430182, 3790788; 430073, 
3790707; 430065, 3790689; 430071, 3790665; 430100, 3790639; 430150, 
3790564; 430156, 3790536; 430156, 3790508; 430122, 3790452; 430120, 
3790432; 430139, 3790358; 430104, 3790273; 430110, 3790223; 430097, 
3790085; 430079, 3790063; 430034, 3790045; 430025, 3790030; 430027, 
3789916; 430004, 3789904; 429986, 3789867; 429983, 3789774; 430007, 
3789698; 430011, 3789647; 429974, 3789480; 429954, 3789442; 429902, 
3789418; 429882, 3789371; 429872, 3789293; 429888, 3789218; 429848, 
3789043; 429828, 3789014; 429737, 3789003; 429679, 3789011; 429597, 
3789060; 429571, 3789059; 429565, 3789008; 429597, 3788931; 429615, 
3788862; 429609, 3788792; 429588, 3788756; 429548, 3788738; 429486, 
3788739; 429425, 3788753; 429400, 3788747; 429390, 3788730; 429386, 
3788615; 429427, 3788559; 429434, 3788535; 429426, 3788476; 429404, 
3788454; 429367, 3788447; 429332, 3788420; 429257, 3788319; 429244, 
3788284; 429167, 3788015; 429196, 3787915; 429197, 3787865; 429241, 
3787810; 429254, 3787818; 429273, 3787862; 429267, 3787885; 429278, 
3787895; 429338, 3787897; 429391, 3787825; 429415, 3787749; 429438, 
3787736; 429504, 3787752; 429545, 3787750; 429559, 3787694; 429597, 
3787662; 429613, 3787678; 429644, 3787782; 429728, 3787916; 429725, 
3787959; 429734, 3788005; 429755, 3788028; 429787, 3788035; 429826, 
3788008; 429869, 3787953; 429885, 3787945; 429923, 3787955; 429966, 
3787932; 429973, 3787912; 430046, 3787873; 430090, 3787883; 430152, 
3787932; 430187, 3787987; 430218, 3787990; 430263, 3787969; 430315, 
3787932; 430390, 3787853; 430433, 3787846; 430451, 3787850; 430474, 
3787879; 430497, 3787894; 430504, 3787912; 430561, 3787935; 430564, 
3787958; 430625, 3787963; 430699, 3787948; 430890, 3787996; 430894, 
3788024; 430985, 3788045; 431012, 3788084; 431048, 3788104; 431071, 
3788147; 431068, 3788215; 431088, 3788256; 431125, 3788286; 431153, 
3788333; 431186, 3788361; 431204, 3788409; 431278, 3788466; 431314, 
3788478; 431357, 3788583; 431371, 3788682; 431381, 3788708; 431414, 
3788722; 431468, 3788718; 431502, 3788706; 431511, 3788686; 431538, 
3788675; 431566, 3788701; 431668, 3788675; 431689, 3788678; 431721, 
3788706; 431750, 3788764; 431833, 3788787; 431956, 3788847; 431980, 
3788843; 432026, 3788895; 432068, 3788921; 432093, 3788921; 432124, 
3788889; 432123, 3788846; 432142, 3788793; 432151, 3788737; 432221, 
3788706; 432267, 3788696; 432306, 3788603; 432339, 3788585; 432353, 
3788551; 432404, 3788575; 432461, 3788580; 432478, 3788563; 432496, 
3788520; 432567, 3788457; 432621, 3788427; 432651, 3788423; 432676, 
3788452; 432691, 3788458; 432729, 3788435; 432756, 3788430; 432806, 
3788441; 432844, 3788430; 432889, 3788437; 432917, 3788426; 432963, 
3788399; 432961, 3788378; 433039, 3788294; 433127, 3788269; 433241, 
3788259; 433280, 3788266; 433293, 3788225; 433290, 3788183; 433301, 
3788146; 433351, 3788052; 433372, 3788047; 433393, 3788019; 433416, 
3788027; 433582, 3788029; 433648, 3788067; 433750, 3788057; 433768, 
3788046; 433794, 3788025; 433797, 3788002; 433766, 3787965; 433688, 
3787961; 433635, 3787941; 433579, 3787954; 433494, 3787940; 433435, 
3787952; 433416, 3787950; 433414, 3787944; 433430, 3787931; 433505, 
3787925; 433529, 3787914; 433552, 3787881; 433575, 3787867; 433579, 
3787841; 433588, 3787837; 433670, 3787864; 433735, 3787848; 433752, 
3787837; 433760, 3787816; 433757, 3787762; 433768, 3787756; 433833, 
3787765; 433858, 3787744; 433931, 3787719; 433967, 3787738; 433985, 
3787734; 434103, 3787691; 434120, 3787671; 434100, 3787644; 434069, 
3787658; 434035, 3787660; 433975, 3787695; 433953, 3787697; 433930, 
3787671; 433904, 3787657; 433878, 3787657; 433863, 3787678; 433862, 
3787700; 433848, 3787712; 433823, 3787724; 433736, 3787739; 433720, 
3787761; 433720, 3787782; 433700, 3787835; 433600, 3787812; 433576, 
3787813; 433564, 3787822; 433534, 3787874; 433495, 3787891; 433376, 
3787907; 433358, 3787922; 433343, 3787924; 433285, 3787988; 433269, 
3788024; 433249, 3788084; 433257, 3788156; 433218, 3788183; 433195, 
3788215; 433141, 3788216; 433107, 3788208; 433084, 3788222; 433049, 
3788223; 433005, 3788249; 433004, 3788275; 432933, 3788311; 432925, 
3788358; 432889, 3788371; 432841, 3788384; 432772, 3788369; 432721, 
3788372; 432687, 3788351; 432579, 3788341; 432500, 3788387; 432485, 
3788412; 432339, 3788462; 432314, 3788518; 432276, 3788549; 432252, 
3788599; 432222, 3788627; 432187, 3788641; 432132, 3788702; 432103, 
3788705; 432087, 3788718; 432095, 3788756; 432078, 3788809; 432034, 
3788814; 432013, 3788802; 431986, 3788799; 431931, 3788770; 431861, 
3788758; 431805, 3788731; 431771, 3788678; 431736, 3788640; 431707, 
3788621; 431637, 3788615; 431611, 3788626; 431478, 3788642; 431462, 
3788632; 431430, 3788595; 431414, 3788525; 431378, 3788451; 431339, 
3788436; 431237, 3788358; 431211, 3788297; 431191, 3788284; 431177, 
3788258; 431166, 3788197; 431126, 3788134; 431121, 3788096; 431094, 
3788033; 431043, 3788003; 431012, 3787968; 430938, 3787951; 430903, 
3787950; 430880, 3787919; 430853, 3787905; 430614, 3787885; 430593, 
3787874; 430558, 3787835; 430491, 3787808; 430429, 3787766; 430401, 
3787761; 430383, 3787762; 430367, 3787778; 430356, 3787801; 430229, 
3787927; 430207, 3787931; 430190, 3787923; 430115, 3787824; 430086, 
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[[Page 78023]]

3787865; 429834, 3787878; 429810, 3787899; 429801, 3787962; 429780, 
3787966; 429766, 3787946; 429765, 3787890; 429715, 3787816; 429669, 
3787726; 429669, 3787679; 429647, 3787623; 429619, 3787612; 429588, 
3787618; 429545, 3787641; 429527, 3787691; 429439, 3787700; 429390, 
3787697; 429376, 3787704; 429342, 3787856; 429328, 3787862; 429282, 
3787789; 429251, 3787774; 429235, 3787778; 429225, 3787794; 429196, 
3787811; 429169, 3787821; 429134, 3787797; 429105, 3787791; 429028, 
3787792; 428994, 3787801; 428912, 3787840; 428736, 3787948; 428650, 
3787971; 428543, 3787969; 428416, 3787916; 428383, 3787912; 428370, 
3787919; 428270, 3787893; 428228, 3787890; 428180, 3787902; 428161, 
3787921; 428136, 3787928; 427995, 3787935; 427902, 3787929; 427848, 
3787944; 427759, 3787953; 427637, 3787944; 427547, 3787956; 427455, 
3787997; 427398, 3788051; 427312, 3788209; 427285, 3788242; 427252, 
3788261; 427190, 3788255; 427159, 3788239; 427107, 3788192; 427075, 
3788146; 427049, 3788130; 427026, 3788133; 426892, 3788253; 426846, 
3788272; 426754, 3788274; 426742, 3788267; 426759, 3788219; 426761, 
3788183; 426668, 3788115; 426579, 3788065; 426513, 3788046; 426419, 
3788037; 426378, 3788045; 426346, 3788067; 426359, 3788097; 426361, 
3788122; 426276, 3788196; 426208, 3788244; 426188, 3788274; 426149, 
3788300; 426044, 3788347; 425943, 3788330; 425927, 3788337; 425916, 
3788374; 425893, 3788385; 425818, 3788388; 425800, 3788400; 425775, 
3788470; 425675, 3788583; 425609, 3788618; 425527, 3788634; 425462, 
3788632; 425441, 3788621; 425393, 3788627; 425376, 3788621; 425323, 
3788636; 425037, 3788628; 424985, 3788618; 424674, 3788622; 424542, 
3788611; 424501, 3788626; 424470, 3788656; 424430, 3788727; 424420, 
3788757; 424414, 3788859; 424346, 3788874; 424309, 3788917; 424283, 
3788928; 424237, 3788915; 424141, 3788843; 424101, 3788778; 424047, 
3788758; 424024, 3788731; 423936, 3788694; 423889, 3788675; 423855, 
3788683; 423792, 3788666; 423715, 3788679; 423657, 3788656; 423591, 
3788642; 423558, 3788644; 423482, 3788709; 423429, 3788709; 423398, 
3788718; 423355, 3788715; 423257, 3788737; 423148, 3788747; 423114, 
3788737; 423006, 3788734; 422956, 3788724; 422842, 3788621; 422777, 
3788543; 422716, 3788407; 422645, 3788343; 422625, 3788333; 422607, 
3788342; 422572, 3788396; 422510, 3788396; 422480, 3788384; 422459, 
3788359; 422447, 3788200; 422187, 3788206; 422143, 3788256; 422114, 
3788323; 422106, 3788362; 422108, 3788442; 422099, 3788475; 422059, 
3788544; 422053, 3788569; 421993, 3788592; 421956, 3788592; 421872, 
3788625; 421825, 3788599; 421793, 3788599; 421769, 3788606; 421738, 
3788630; 421703, 3788707; 421683, 3788796; 421669, 3788919; 421647, 
3788967; 421644, 3789008; 421630, 3789058; 421590, 3789110; 421533, 
3789139; 421308, 3789146; 421173, 3789130; 421128, 3789105; 420942, 
3788933; 420906, 3788908; 420873, 3788890; 420814, 3788867; 420779, 
3788863; 420749, 3788846; 420710, 3788855; 420684, 3788884; 420645, 
3788946; 420615, 3788973; 420536, 3789089; 420510, 3789186; 420509, 
3789320; 420494, 3789396; 420491, 3789473; 420474, 3789500; 420425, 
3789474; 420374, 3789429; 420337, 3789365; 420340, 3789316; 420326, 
3789294; 420294, 3789272; 420250, 3789257; 420138, 3789248; 420003, 
3789258; 419923, 3789252; 419853, 3789285; 419786, 3789332; 419741, 
3789386; 419704, 3789404; 419461, 3789430; 419407, 3789428; 419360, 
3789420; 419219, 3789375; 419186, 3789339; 419161, 3789326; 419055, 
3789329; 419015, 3789324; 418968, 3789308; 418915, 3789249; 418891, 
3789195; 418855, 3789177; 418816, 3789163; 418650, 3789149; 418607, 
3789133; 418599, 3789113; 418612, 3789048; 418563, 3789031; 418216, 
3789060; 418148, 3789075; 418089, 3789070; 418021, 3789109; 417980, 
3789117; 417943, 3789184; 417920, 3789201; 417915, 3789230; 417894, 
3789239; 417855, 3789215; 417803, 3789148; 417777, 3789132; 417712, 
3789126; 417631, 3789143; 417501, 3789143; 417453, 3789165; 417423, 
3789196; 417406, 3789234; 417386, 3789326; 417378, 3789492; 417331, 
3789612; 417300, 3789649; 417221, 3789708; 417152, 3789734; 417071, 
3789778; 417019, 3789779; 416919, 3789755; 416813, 3789767; 416725, 
3789807; 416620, 3789820; 416554, 3789849; 416533, 3789842; 416520, 
3789817; 416518, 3789747; 416494, 3789674; 416462, 3789651; 416414, 
3789633; 416359, 3789627; 416300, 3789645; 416267, 3789610; 416222, 
3789513; 416188, 3789466; 416143, 3789425; 416088, 3789394; 415979, 
3789367; 415888, 3789377; 415850, 3789374; 415810, 3789336; 415766, 
3789254; 415735, 3789233; 415699, 3789223; 415581, 3789239; 415534, 
3789258; 415456, 3789306; 415416, 3789343; 415297, 3789405; 415175, 
3789354; 415131, 3789355; 415100, 3789369; 415080, 3789394; 415076, 
3789426; 415077, 3789558; 415042, 3789638; 414987, 3789656; 414948, 
3789655; 414839, 3789613; 414739, 3789544; 414651, 3789552; 414538, 
3789584; 414513, 3789540; 414526, 3789498; 414502, 3789413; 414453, 
3789342; 414382, 3789305; 414289, 3789316; 414097, 3789361; 414057, 
3789361; 414038, 3789352; 414018, 3789283; 414023, 3789250; 414014, 
3789228; 414000, 3789206; 413943, 3789184; 413908, 3789183; 413861, 
3789199; 413799, 3789207; 413726, 3789208; 413645, 3789196; 413622, 
3789209; 413584, 3789209; 413456, 3789168; 413389, 3789164; 413366, 
3789174; 413345, 3789219; 413358, 3789284; 413358, 3789321; 413333, 
3789320; 413273, 3789299; 413245, 3789301; 413182, 3789331; 412981, 
3789587; 412908, 3789636; 412902, 3789694; 412890, 3789719; 412852, 
3789707; 412778, 3789579; 412761, 3789526; 412697, 3789461; 412673, 
3789458; 412628, 3789483; 412600, 3789481; 412566, 3789461; 412447, 
3789267; 412375, 3789200; 412351, 3789198; 412321, 3789211; 412310, 
3789230; 412335, 3789305; 412330, 3789412; 412311, 3789461; 412288, 
3789572; 412272, 3789602; 412253, 3789619; 412218, 3789627; 412187, 
3789624; 412119, 3789583; 412048, 3789578; 411991, 3789534; 411949, 
3789489; 411905, 3789477; 411888, 3789489; 411847, 3789550; 411801, 
3789647; 411779, 3789671; 411746, 3789682; 411687, 3789658; 411647, 
3789615; 411600, 3789623; 411575, 3789637; 411555, 3789657; 411528, 
3789714; 411504, 3789734; 411471, 3789729; 411437, 3789712; 411415, 
3789688; 411341, 3789653; 411292, 3789655; 411278, 3789678; 411340, 
3789690; 411371, 3789710; 411387, 3789732; 411429, 3789757; 411482, 
3789778; 411516, 3789776; 411571, 3789725; 411592, 3789680; 411627, 
3789643; 411691, 3789702; 411736, 3789722; 411800, 3789703; 411822, 
3789676; 411872, 3789565; 411893, 3789542; 411911, 3789534; 411966, 
3789591; 412057, 3789614; 412103, 3789601; 412178, 3789643; thence 
returning to 412207, 3789649.
    (ii) Map of Unit 2 (San Gabriel River) follows:
BILLING CODE 4310-55-P

[[Page 78024]]

[GRAPHIC] [TIFF OMITTED] TR14DE10.004

BILLING CODE 4310-55-C
    (10) Unit 3: Big Tujunga Wash, Los Angeles County, California. 
Subunit 3A: Big Tujunga Wash.
    (i) From USGS 1:24,000 quadrangles Condor Peak and Sunland. Land 
bounded by the following UTM NAD83 coordinates (E, N): 382996, 3796285; 
383017, 3796285; 383034, 3796298; 383087, 3796289; 383191, 3796254; 
383559, 3796102; 383600, 3796082; 383635, 3796047; 383703, 3796082; 
383734, 3796136; 383755, 3796384; 383781, 3796466; 383777, 3796540; 
383809, 3796564; 383903, 3796576; 383967, 3796569; 384008, 3796534; 
384109, 3796490; 384156, 3796427; 384231, 3796397; 384262, 3796405; 
384403, 3796388; 384489, 3796352; 384606, 3796287; 384699, 3796218; 
384868, 3796044; 385054, 3795886; 385104, 3795866; 385315, 3795816; 
385436, 3795802; 385491, 3795772; 385531, 3795766; 385564, 3795742; 
385609, 3795652; 385779, 3795429; 385841, 3795414; 385904, 3795420; 
385979, 3795413; 386111, 3795381; 386172, 3795359; 386263, 3795368; 
386319, 3795353; 386360, 3795315; 386382, 3795260; 386389, 3795213;

[[Page 78025]]

386382, 3795154; 386441, 3795088; 386507, 3794969; 386553, 3794916; 
386608, 3794869; 386734, 3794787; 386813, 3794666; 386896, 3794603; 
387031, 3794525; 387151, 3794475; 387441, 3794384; 387499, 3794354; 
387541, 3794313; 387568, 3794232; 387573, 3794124; 387601, 3793982; 
387598, 3793942; 387614, 3793799; 387625, 3793771; 387657, 3793760; 
387696, 3793761; 387716, 3793773; 387795, 3793910; 387847, 3793922; 
387871, 3793908; 387896, 3793847; 387907, 3793782; 387908, 3793722; 
387932, 3793650; 387975, 3793582; 388012, 3793541; 388073, 3793494; 
388129, 3793499; 388174, 3793520; 388209, 3793564; 388258, 3793688; 
388288, 3793714; 388338, 3793715; 388402, 3793659; 388428, 3793606; 
388494, 3793569; 388522, 3793565; 388552, 3793584; 388546, 3793683; 
388570, 3793714; 388659, 3793761; 388705, 3793802; 388824, 3793836; 
388903, 3793849; 388957, 3793845; 388990, 3793817; 388999, 3793761; 
389024, 3793700; 389049, 3793677; 389078, 3793689; 389122, 3793742; 
389177, 3793773; 389224, 3793766; 389264, 3793779; 389294, 3793815; 
389321, 3793868; 389355, 3793960; 389386, 3793991; 389446, 3794026; 
389640, 3794114; 389736, 3794178; 389803, 3794233; 389827, 3794283; 
389848, 3794307; 389875, 3794381; 389949, 3794476; 390060, 3794507; 
390077, 3794537; 390082, 3794569; 390076, 3794598; 390026, 3794669; 
390018, 3794703; 390021, 3794737; 390035, 3794765; 390048, 3794828; 
390076, 3794865; 390142, 3794993; 390227, 3795058; 390363, 3795093; 
390396, 3795130; 390441, 3795220; 390488, 3795280; 390536, 3795324; 
390570, 3795346; 390672, 3795372; 390677, 3795351; 390586, 3795295; 
390558, 3795246; 390534, 3795236; 390472, 3795165; 390426, 3795069; 
390367, 3795058; 390333, 3795027; 390254, 3794986; 390130, 3794868; 
390121, 3794835; 390129, 3794701; 390120, 3794550; 390103, 3794507; 
390078, 3794478; 389996, 3794431; 389971, 3794407; 389798, 3794149; 
389748, 3794041; 389697, 3793977; 389643, 3793945; 389596, 3793936; 
389502, 3793964; 389463, 3793961; 389416, 3793938; 389386, 3793905; 
389368, 3793802; 389353, 3793768; 389323, 3793725; 389280, 3793685; 
389244, 3793676; 389201, 3793692; 389154, 3793673; 389074, 3793625; 
389019, 3793607; 388987, 3793626; 388959, 3793666; 388947, 3793775; 
388908, 3793795; 388761, 3793751; 388652, 3793682; 388622, 3793644; 
388620, 3793556; 388601, 3793515; 388531, 3793476; 388475, 3793461; 
388415, 3793464; 388388, 3793477; 388389, 3793552; 388363, 3793584; 
388314, 3793598; 388275, 3793571; 388238, 3793469; 388196, 3793418; 
388067, 3793324; 388019, 3793339; 387938, 3793427; 387907, 3793494; 
387866, 3793735; 387838, 3793763; 387790, 3793762; 387751, 3793744; 
387712, 3793710; 387671, 3793704; 387622, 3793716; 387587, 3793757; 
387570, 3793834; 387534, 3794154; 387484, 3794246; 387443, 3794295; 
387345, 3794365; 387290, 3794383; 387262, 3794372; 387228, 3794371; 
387191, 3794382; 387110, 3794443; 386897, 3794551; 386834, 3794593; 
386742, 3794688; 386692, 3794732; 386658, 3794752; 386552, 3794748; 
386508, 3794753; 386478, 3794832; 386431, 3794900; 386383, 3794936; 
386339, 3794998; 386311, 3795019; 386279, 3795063; 386292, 3795143; 
386289, 3795174; 386275, 3795211; 386244, 3795253; 386198, 3795269; 
386166, 3795265; 386146, 3795243; 386091, 3795247; 386029, 3795291; 
386002, 3795300; 385985, 3795282; 385948, 3795276; 385906, 3795275; 
385831, 3795291; 385797, 3795322; 385753, 3795391; 385575, 3795554; 
385526, 3795612; 385396, 3795723; 385349, 3795734; 385256, 3795732; 
385215, 3795740; 385180, 3795733; 385150, 3795747; 385087, 3795741; 
385044, 3795770; 384915, 3795908; 384769, 3796039; 384629, 3796186; 
384490, 3796279; 384398, 3796291; 384356, 3796285; 384305, 3796265; 
384220, 3796275; 384168, 3796266; 384105, 3796298; 384017, 3796368; 
384001, 3796356; 384028, 3796247; 383996, 3796242; 383924, 3796252; 
383861, 3796248; 383838, 3796239; 383837, 3796096; 383827, 3796042; 
383803, 3795983; 383772, 3795945; 383736, 3795919; 383705, 3795913; 
383680, 3795916; 383659, 3795935; 383600, 3796011; 383426, 3796105; 
383134, 3796195; 382984, 3796221; 382943, 3796215; 382867, 3796183; 
382835, 3796188; 382750, 3796166; 382683, 3796176; 382573, 3796151; 
382462, 3796111; 382412, 3796075; 382309, 3796029; 382284, 3796008; 
382251, 3795948; 382168, 3795893; 382157, 3795851; 382012, 3795759; 
381976, 3795721; 381864, 3795561; 381781, 3795457; 381694, 3795366; 
381646, 3795321; 381414, 3795183; 381314, 3795074; 381274, 3795052; 
381246, 3795026; 381208, 3794947; 381199, 3794884; 381163, 3794792; 
381147, 3794701; 381104, 3794558; 381093, 3794481; 381028, 3794321; 
380899, 3794189; 380820, 3794148; 380727, 3794074; 380694, 3794031; 
380616, 3793882; 380566, 3793817; 380491, 3793790; 380385, 3793681; 
380291, 3793621; 380220, 3793590; 380148, 3793594; 379998, 3793658; 
379848, 3793662; 379523, 3793612; 379498, 3793576; 379365, 3793493; 
379342, 3793504; 379315, 3793502; 379257, 3793435; 379127, 3793335; 
379115, 3793308; 379070, 3793263; 378986, 3793210; 378737, 3793111; 
378595, 3793103; 378443, 3793108; 378425, 3793076; 378425, 3793055; 
378448, 3793039; 378467, 3793011; 378432, 3792965; 378442, 3792914; 
378426, 3792886; 378425, 3792854; 378373, 3792777; 378312, 3792740; 
378250, 3792727; 378216, 3792699; 378149, 3792682; 378007, 3792602; 
377942, 3792579; 377887, 3792509; 377833, 3792463; 377814, 3792429; 
377774, 3792416; 377723, 3792415; 377545, 3792323; 377354, 3792337; 
377313, 3792354; 377160, 3792462; 377109, 3792439; 377015, 3792423; 
376885, 3792437; 376807, 3792416; 376594, 3792435; 376586, 3792371; 
376449, 3792390; 376374, 3792362; 376354, 3792275; 376297, 3792277; 
376128, 3792311; 375855, 3792421; 375647, 3792452; 375156, 3792505; 
374378, 3792525; 374315, 3792514; 374205, 3792467; 374135, 3792495; 
374025, 3792494; 373930, 3792468; 373816, 3792464; 373507, 3792544; 
373439, 3792535; 373326, 3792502; 373329, 3792593; 373347, 3792594; 
373353, 3792617; 373351, 3792652; 373332, 3792703; 373404, 3792794; 
373453, 3792813; 373513, 3792804; 373568, 3792781; 373631, 3792811; 
373762, 3792815; 373911, 3792836; 374164, 3792841; 374420, 3792866; 
374485, 3792898; 374912, 3792882; 375040, 3792869; 375194, 3792819; 
375242, 3792831; 375323, 3792906; 375509, 3792982; 375821, 3793046; 
376047, 3793011; 376730, 3793170; 376797, 3793179; 377225, 3793291; 
377444, 3793267; 377491, 3793283; 377541, 3793286; 377667, 3793268; 
378031, 3793300; 378221, 3793252; 378372, 3793250; 378472, 3793211; 
378696, 3793234; 378920, 3793329; 378991, 3793432; 379008, 3793477; 
379046, 3793516; 379225, 3793628; 379249, 3793666; 379286, 3793690; 
379517, 3793761; 379539, 3793788; 379608, 3793833; 379653, 3793836; 
379721, 3793828; 379805, 3793839; 379974, 3793881; 380092, 3793947; 
380347, 3794052; 380449, 3794148; 380504, 3794223; 380539, 3794236; 
380564, 3794278; 380632, 3794323; 380705, 3794349; 380774, 3794390; 
380841, 3794416; 380868, 3794457; 380888, 3794510; 380896, 3794615; 
380913, 3794685; 381008, 3794772; 381074, 3794791; 381097, 3794828; 
381152, 3794971; 381170, 3795051; 381197, 3795094; 381245, 3795134;

[[Page 78026]]

381300, 3795166; 381376, 3795241; 381565, 3795367; 381622, 3795388; 
381660, 3795433; 381757, 3795521; 381829, 3795624; 381841, 3795654; 
381848, 3795724; 381864, 3795781; 381906, 3795862; 382000, 3795964; 
382160, 3796097; 382278, 3796158; 382480, 3796237; 382540, 3796250; 
382728, 3796246; 382828, 3796272; 382959, 3796289; thence returning to 
382996, 3796285.
    (ii) Map of Subunit 3A (Big Tujunga Wash) appears in paragraph 
(11)(ii) of this entry.
    (11) Subunit 3B: Gold Canyon, Delta Canyon, and Stone Canyon 
Creeks.
    (i) From USGS 1:24,000 quadrangles Condor Peak and Sunland. Land 
bounded by the following UTM NAD83 coordinates (E, N): 382996, 3796285; 
382995, 3796335; 382966, 3796453; 382967, 3796492; 382991, 3796511; 
383044, 3796521; 383084, 3796551; 383116, 3796586; 383138, 3796625; 
383140, 3796654; 383109, 3796684; 383094, 3796751; 383114, 3796789; 
383122, 3796836; 383123, 3796888; 383109, 3796916; 383110, 3796937; 
383155, 3796938; 383164, 3796946; 383173, 3796960; 383161, 3796988; 
383110, 3797042; 383024, 3797055; 383011, 3797064; 382964, 3797148; 
382915, 3797171; 382770, 3797275; 382747, 3797308; 382685, 3797339; 
382658, 3797361; 382614, 3797360; 382492, 3797417; 382469, 3797417; 
382417, 3797457; 382380, 3797460; 382348, 3797475; 382251, 3797482; 
382207, 3797503; 382152, 3797518; 382114, 3797575; 382068, 3797622; 
382036, 3797677; 381991, 3797700; 381967, 3797700; 381932, 3797717; 
381900, 3797746; 381888, 3797785; 381895, 3797804; 381890, 3797817; 
381855, 3797820; 381836, 3797841; 381822, 3797843; 381789, 3797814; 
381744, 3797806; 381721, 3797811; 381649, 3797865; 381599, 3797914; 
381494, 3797919; 381429, 3797938; 381414, 3797991; 381436, 3797991; 
381438, 3797961; 381486, 3797933; 381521, 3797952; 381586, 3797941; 
381754, 3797831; 381789, 3797833; 381815, 3797859; 381832, 3797863; 
381873, 3797828; 381910, 3797833; 381922, 3797777; 381947, 3797753; 
382057, 3797706; 382089, 3797666; 382094, 3797637; 382120, 3797603; 
382166, 3797583; 382186, 3797554; 382256, 3797515; 382308, 3797504; 
382389, 3797501; 382419, 3797491; 382532, 3797440; 382548, 3797416; 
382575, 3797407; 382697, 3797390; 382819, 3797292; 382875, 3797235; 
382962, 3797209; 383014, 3797136; 383011, 3797099; 383033, 3797068; 
383079, 3797083; 383113, 3797073; 383146, 3797048; 383190, 3796973; 
383194, 3796947; 383179, 3796925; 383132, 3796924; 383151, 3796897; 
383155, 3796867; 383132, 3796748; 383138, 3796707; 383209, 3796628; 
383199, 3796569; 383174, 3796556; 383167, 3796529; 383141, 3796518; 
383103, 3796524; 383000, 3796475; 382997, 3796450; 383034, 3796361; 
383087, 3796289; 383034, 3796298; 383017, 3796285; thence returning to 
382996, 3796285. Continue to 384028, 3796247; 384053, 3796202; 384051, 
3796176; 384059, 3796152; 384135, 3796001; 384194, 3795949; 384215, 
3795916; 384228, 3795890; 384237, 3795827; 384251, 3795804; 384279, 
3795790; 384301, 3795761; 384369, 3795715; 384391, 3795692; 384459, 
3795652; 384471, 3795614; 384461, 3795548; 384473, 3795517; 384447, 
3795462; 384454, 3795405; 384443, 3795388; 384469, 3795361; 384472, 
3795305; 384448, 3795308; 384410, 3795277; 384359, 3795186; 384340, 
3795182; 384392, 3795278; 384394, 3795298; 384418, 3795311; 384430, 
3795341; 384409, 3795448; 384430, 3795467; 384430, 3795516; 384442, 
3795542; 384443, 3795581; 384428, 3795628; 384412, 3795652; 384292, 
3795724; 384216, 3795793; 384187, 3795926; 384171, 3795946; 384150, 
3795950; 384131, 3795966; 384082, 3796037; 384023, 3796194; 383996, 
3796242; thence returning to 384028, 3796247. Continue to 386146, 
3795243; 386141, 3795218; 386119, 3795182; 386085, 3795059; 386058, 
3795006; 386064, 3794847; 386033, 3794669; 385965, 3794586; 385935, 
3794565; 385911, 3794564; 385829, 3794527; 385793, 3794521; 385648, 
3794422; 385617, 3794387; 385597, 3794392; 385646, 3794454; 385681, 
3794463; 385773, 3794538; 385932, 3794625; 386022, 3794719; 386025, 
3794798; 386004, 3794872; 386041, 3795101; 386079, 3795179; 386091, 
3795247; thence returning to 386146, 3795243.
    (ii) Map of Unit 3 (Big Tujunga Wash) follows:
BILLING CODE 4310-55-P

[[Page 78027]]

[GRAPHIC] [TIFF OMITTED] TR14DE10.005

* * * * *

    Dated: November 29, 2010.
Will Shafroth,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2010-30447 Filed 12-13-10; 8:45 am]
BILLING CODE 4310-55-C