[Federal Register Volume 76, Number 202 (Wednesday, October 19, 2011)]
[Proposed Rules]
[Pages 64996-65060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26301]



[[Page 64995]]

Vol. 76

Wednesday,

No. 202

October 19, 2011

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; Designation of Revised 
Critical Habitat for the Tidewater Goby; Proposed Rule

  Federal Register / Vol. 76 , No. 202 / Wednesday, October 19, 2011 / 
Proposed Rules  

[[Page 64996]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2011-0085; MO 92210-0-0009]
RIN 1018-AX39


Endangered and Threatened Wildlife and Plants; Designation of 
Revised Critical Habitat for the Tidewater Goby

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
revise critical habitat for the tidewater goby (Eucyclogobius 
newberryi) under the Endangered Species Act of 1973, as amended (Act). 
In total, approximately 12,157 acres (4,920 hectares) are being 
proposed for designation as critical habitat. The proposed revised 
critical habitat is located in Del Norte, Humboldt, Mendocino, Sonoma, 
Marin, San Mateo, Santa Cruz, Monterey, San Luis Obispo, Santa Barbara, 
Ventura, Los Angeles, Orange, and San Diego Counties, California.

DATES: We will accept comments received or postmarked on or before 
December 19, 2011. We must receive requests for public hearings, in 
writing, at one of the addresses shown in the FOR FURTHER INFORMATION 
CONTACT section by December 5, 2011.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Enter Keyword or ID box, enter Docket No. 
FWS-R8-ES-2011-0085, which is the docket number for this rulemaking.
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R8-ES-2011-0085; Division of Policy and 
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax 
Drive, MS 2042-PDM; Arlington, VA 22203.
    We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Public Comments section below for more information).

FOR FURTHER INFORMATION CONTACT: For general information, and 
information about the proposed designation in Santa Cruz, Monterey, San 
Luis Obispo, Santa Barbara, Ventura, and Los Angeles Counties, contact 
Diane K. Noda, Field Supervisor, U.S. Fish and Wildlife Service, 
Ventura Fish and Wildlife Office, 2493 Portola Road, Suite B, Ventura, 
CA 93003; telephone 805-644-1766; facsimile 805-644-3958.
    For information about the proposed designation in Del Norte, 
Humboldt, and Mendocino Counties, contact Nancy Finley, Field 
Supervisor, Arcata Fish and Wildlife Office, 1655 Heindon Road, Arcata, 
CA 95521 (telephone 707-822-7201; facsimile 707-822-8411).
    For information about the proposed designation in Sonoma, Marin, 
and San Mateo Counties, contact Susan Moore, Field Supervisor, 
Sacramento Fish and Wildlife Office, U.S. Fish and Wildlife Service, 
2800 Cottage Way, Suite W-2605, Sacramento, CA 95825 (telephone 916-
414-6600; facsimile 916-414-6712).
    For information about the proposed designation in Orange and San 
Diego Counties, contact Jim Bartel, Field Supervisor, Carlsbad Fish and 
Wildlife Service Office, 6010 Hidden Valley Road, Suite 101, Carlsbad, 
CA 92011 (telephone 760-431-9440; facsimile 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:

Public Comments

    We intend that any final action resulting from this proposed rule 
will be based on the best scientific and commercial data available, and 
be as accurate and as effective as possible. Therefore, we request 
comments or information from other concerned government agencies, the 
scientific community, industry, or any other interested party 
concerning this proposed revised rule. We particularly seek comments 
concerning:
    (1) The reasons why we should or should not designate habitat as 
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et 
seq.), including whether there are threats to the species from human 
activity, the degree of which can be expected to increase due to the 
designation, and whether that increase in threat outweighs the benefit 
of designation such that the designation of critical habitat may not be 
prudent.
    (2) Specific information on:
    (a) The amount and distribution of tidewater goby habitat;
    (b) Which areas that are within the geographical area occupied at 
the time of listing (or are currently occupied) contain features 
essential to the conservation of the species, should be included in the 
designation and why;
    (c) Special management considerations or protection that may be 
needed for the physical or biological features essential to the 
conservation of the species in areas we are proposing, including 
managing for the potential effects of climate change; and
    (d) What areas outside the geographical area occupied at the time 
of listing that should be included in the designation because they are 
essential for the conservation of the species and why.
    (3) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat.
    (4) Information on the projected and reasonably likely impacts of 
climate change on the tidewater goby, the features essential to its 
conservation and the areas proposed as critical habitat.
    (5) Any probable economic, national security, environmental, 
cultural, or other relevant impacts of designating any area that may be 
included in the final designation; in particular, any impacts on small 
entities, and the benefits of including or excluding areas that exhibit 
these impacts.
    (6) Any information on potential threats to habitat and the 
feasibility of reintroduction or introduction of the tidewater goby to: 
Walker Creek, Bolinas Lagoon, Pomponio Creek, Waddell Creek, Salinas 
River, Arroyo del Cruz, Oso Flaco Lake, Arroyo Sequit, Zuma Creek, 
Aliso Creek, or any other areas identified for reintroduction or 
introduction in the recovery plan for the tidewater goby (Service 
2005), and the reasons why we should or should not designate these or 
other unoccupied areas as critical habitat for the tidewater goby.
    (7) Specifically with reference to those State Park lands under the 
jurisdiction of the California Department of Parks and Recreation 
(CDPR) that are proposed for designation, information on any areas 
covered by conservation or management plans that we should consider for 
exclusion from the designation under section 4(b)(2) of the Act.
    (8) Any additional proposed critical habitat areas covered by 
conservation or management plans that we should consider for exclusion 
from the designation under section 4(b)(2) of the Act. We specifically 
request any information on any operative or draft habitat conservation 
plans for the tidewater goby that have been prepared under section 
10(a)(1)(B) of the Act, or any other management or other conservation 
plan or agreement that benefits the tidewater goby or its primary 
constituent elements.
    (9) Any information concerning tribal lands or trust resources that 
may be

[[Page 64997]]

impacted by this proposed revision to critical habitat.
    (10) Whether our exemption under section 4(a)(3)(B) of the Act of 
Department of Defense land at Vandenberg Air Force Base (VAFB) in Santa 
Barbara County, and Marine Corps Base (MCB) Camp Pendleton in San Diego 
County, is or is not appropriate, and why.
    (11) Whether we could improve or modify our approach to designating 
critical habitat in any way to provide for greater public participation 
and understanding, or to better accommodate public concerns and 
comments.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in the ADDRESSES section. We request 
that you send comments only by the methods described in the ADDRESSES 
section. We will post your entire comment--including your personal 
identifying information--on http://www.regulations.gov. You may request 
at the top of your document that we withhold personal information such 
as your street address, phone number, or email address from public 
review; however, we cannot guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Ventura Fish and Wildlife Office (see FOR FURTHER 
INFORMATION CONTACT).

Background

    It is our intent to discuss only those topics directly relevant to 
the designation of critical habitat for the tidewater goby in this 
proposed rule. This proposed rule incorporates new information on 
tidewater goby genetics and distribution that was not available when we 
completed our 2008 final critical habitat designation (73 FR 5920; 
January 31, 2008). A summary of topics that are relevant to this 
proposed critical habitat designation is provided below. For more 
information on tidewater goby taxonomy, biology, and ecology, please 
refer to: the final listing rule published in the Federal Register on 
February 4, 1994 (59 FR 5494); the first and second rules proposing 
critical habitat published in the Federal Register on August 3, 1999 
(64 FR 42250) and November 28, 2006 (71 FR 68914), respectively; and 
the subsequent final critical habitat designations published in the 
Federal Register on November 20, 2000 (65 FR 69693) and January 31, 
2008 (73 FR 5920). Additionally, more species information can be found 
in the Recovery Plan for the Tidewater Goby (Recovery Plan) (Service 
2005), and in the Tidewater Goby 5-year review (Service 2007).

Species Description and Genetic/Morphological Characteristics

    The tidewater goby is a small, elongate, grey-brown fish rarely 
exceeding 2 inches (in) (5 centimeters (cm)) in length. This species 
possesses large pectoral fins, with the pelvic or ventral fins joined 
to each other beginning below the chest and belly and from below the 
gill cover back to just anterior of the anus. Male tidewater goby are 
nearly transparent with a mottled brown upper surface. Female tidewater 
goby develop darker colors, often black, on the body and dorsal and 
anal fins. Tidewater goby are short-lived species; the lifespan of most 
individuals appears to be about 1 year (Irwin and Soltz 1984, p. 26; 
Swift et al. 1989, p. 4; M. Hellmair, pers. comm. 2010).
    Various genetic markers demonstrate that pronounced differences 
exist in the genetic structure of the tidewater goby, and that 
tidewater goby populations in some locations are genetically distinct. 
A study of mitochondrial DNA and cytochrome b (molecular material used 
in genetic studies) sequences from tidewater goby that were collected 
at 31 locations throughout the species' geographic range has identified 
six major phylogeographic units (Dawson et al. 2001, p. 1171). These 
six regional units are the basis for the recovery units in the Recovery 
Plan (Service 2005), and include the following areas: (1) Tillas Slough 
(Smith River) in Del Norte County to Lagoon Creek in Mendocino County 
(North Coast (NC) Unit); (2) Salmon Creek in Sonoma County to Bennett's 
Slough in Monterey County (Greater Bay (GB) Unit); (3) Arroyo del Oso 
to Morro Bay in San Luis Obispo County (Central Coast (CC) Unit); (4) 
San Luis Obispo Creek in San Luis Obispo County to Rincon Creek in 
Santa Barbara County (Conception (CO) Unit); (5) Ventura River in 
Ventura County to Topanga Creek in Los Angeles County (Los Angeles-
Ventura (LV) Unit); and (6) San Pedro Harbor in Los Angeles County to 
Los Pe[ntilde]asquitos Lagoon in San Diego County (South Coast (SC) 
Unit).
    A more recent study to gather genetic distribution data for the 
tidewater goby used a panel of novel microsatellite loci (repeating 
sequences of DNA) assessed in a first-order (unbound strands of DNA) 
survey across its range (Earl et al. 2010, p. 104). More specifically, 
Earl et al. (2010, p. 103) described 19 taxon-specific microsatellite 
loci, and assessed genetic variation across the tidewater goby's range 
relative to genetic subdivision. The study concluded: (1) Populations 
of tidewater goby in northern San Diego County form a highly divergent 
clade (a genetically related group) with reduced genetic variation that 
appears to merit status as a separate species; (2) populations along 
the mid-coast of California are subdivided into regional groups, which 
are more similar to each other than different, contrary to conclusions 
from previous mitochondrial sequence-based studies (Dawson et al. 2001, 
p. 1176); and (3) that tidewater goby dispersal during the Pleistocene/
Holocene sea-level rise (approximately 7,000 years ago), followed by 
increased isolation during the Holocene, formed a star phylogeny 
(recent population formed from a common ancestor) with geographic 
separation in the northernmost populations and some local 
differentiation (Earl et al. 2010, p. 103). Genetic diversity among 
populations within a species may be important to long-term persistence 
because it represents the raw material for adapting to differing local 
conditions and environmental stochasticity (Frankham 2005, p. 754).
    The conclusion that the North Coast populations of the tidewater 
goby formed as a result of a single recent episode of colonization of 
newly formed habitats is supported by McCraney and Kinziger (2009, p. 
30). They compared genetic variation of 13 naturally and artificially 
fragmented populations of the tidewater goby in northern California, 
including eight Humboldt Bay populations and five coastal lagoon 
populations, and reached similar conclusions to Earl et al. (2010, p. 
113). McCraney et al. (2010, p. 3325) also concluded that natural and 
artificial habitat fragmentation caused marked divergence among the 
tidewater goby in the North Coast populations. Their study showed that 
Humboldt Bay populations, due to isolation by man-made barriers, 
exhibited very high levels of genetic differentiation between 
populations, extremely low levels of genetic diversity within 
populations, and no migration among populations. They concluded that 
this pattern makes the Humboldt Bay populations of tidewater goby 
vulnerable to extirpation (McCraney and Kinziger 2009, p. 37). In 
contrast, the study found that while coastal lagoon populations also 
exhibited very high levels of genetic differentiation between 
populations, these populations displayed substantial

[[Page 64998]]

levels of genetic diversity within populations indicating occasional 
migration among lagoons (McCraney and Kinziger 2009, p. 32). 
Populations in all coastal lagoons, with the exception of Lake Earl in 
Del Norte County, appear to be stable and genetically healthy (McCraney 
and Kinziger 2009, p. iii). The Lake Earl population exhibited reduced 
levels of genetic diversity in comparison to similar coastal lagoon 
populations (McCraney and Kinziger 2009, p. 34). The reduced genetic 
diversity detected within Lake Earl is likely due to repeated 
population bottlenecks (reduced genetic diversity due to reduced 
population size) resulting from regular artificial breaching of the 
lagoon mouth (McCraney and Kinziger 2009, p. 34).
    The conclusions from these studies are:
    (1) The tidewater goby exhibits considerable genetic diversity 
across its range.
    (2) The species can be divided into six phylogeographic units based 
upon genetic similarities and differences.
    (3) The tidewater goby to the south of the gap between Los Angeles 
and Orange Counties is probably a distinct species from populations to 
the north based on its divergent genetic makeup.
    (4) Natural and anthropogenic barriers have contributed to genetic 
differentiation among populations.
    (5) Although genetic differences occur between populations north of 
Los Angeles County, they are not as divergent as those populations 
found south of Los Angeles County.

Metapopulation Dynamics

    Local populations of tidewater goby are best characterized as 
metapopulations (Lafferty et al. 1999a, p. 1448). A metapopulation is 
defined as a population made up of a group of subpopulations 
interconnected through patterns of gene flow, extinction, and 
recolonization, and at least somewhat geographically isolated from 
other populations (Meffe and Carrol 1994, p. 189). Local tidewater goby 
populations are frequently isolated from other local populations by 
extensive areas of unsuitable habitat. They occupy coastal lagoons and 
estuaries that in most cases are separated by the open ocean. Very few 
tidewater goby have ever been captured in the marine environment (Swift 
et al. 1989, p. 7), which suggests that this species rarely occurs in 
the open ocean. Studies of the tidewater goby suggest that some 
populations persist on a consistent basis, while other populations 
appear to experience intermittent extirpations (local extinctions) 
(Lafferty et al. 1999a, p. 1452). These extirpations may result from 
one or a series of factors, such as the drying up of some small streams 
during prolonged droughts (Lafferty et al. 1999a, p. 1451). Some of the 
areas where the tidewater goby has been extirpated apparently have been 
recolonized by nearby (within 6 miles (mi) (10 kilometers (km))) 
populations (Lafferty et al. 1999a, p. 1451). These recolonization 
events suggest that tidewater goby populations exhibit a metapopulation 
dynamic where some populations survive or remain viable by continually 
exchanging individuals and recolonizations after occasional 
extirpations (Doak and Mills 1994, p. 619).
    Lafferty et al. (1999b, p. 618) monitored the post-flood 
persistence of several tidewater goby populations in Santa Barbara and 
Los Angeles Counties after the heavy winter floods of 1995. All of the 
monitored populations persisted after the floods, and no significant 
changes in population sizes were noted (Lafferty et al. 1999b, p. 621). 
However, tidewater goby apparently colonized Ca[ntilde]ada Honda in 
Santa Barbara County after one flood event (Lafferty et al. 1999b, p. 
621). This suggests that flooding may sometimes have a positive effect 
by contributing to recolonization of habitats where a tidewater goby 
population has become extirpated.
    The largest wetland habitats where the tidewater goby has been 
known to occur are not necessarily the most secure, as evidenced by the 
fact that the Santa Margarita River in San Diego County and the San 
Francisco Bay have lost their populations of tidewater goby. Today, the 
most stable locations with the largest tidewater goby populations 
consist of lagoons and estuaries of intermediate sizes (5 to 125 ac (2 
to 50 ha)) that have remained relatively unaffected by human activities 
(Service 2005, p. 12). Many of the locations where tidewater goby are 
consistently present are likely to be ``source'' populations, which 
probably provide the colonists for locations where tidewater goby are 
intermittently extirpated.
    Historical records and survey results for several areas occupied by 
tidewater goby are available (Swift et al. 1989, pp. 18-19; Swift et 
al. 1994, pp. 8-16). These documents suggest that the persistence of 
tidewater goby populations is related to habitat size, configuration, 
location, and proximity to human development. In general, the most 
stable and persistent tidewater goby populations occur in lagoons and 
estuaries that are more than 2.47 ac (1 ha) in size, and that have 
remained relatively unaffected by human activities (Lafferty et al. 
1999a, pp. 1450-1453). We note, however, that some systems that are 
affected or altered by human activities also have relatively large and 
stable populations, for example, Humboldt Bay in Humboldt County, Pismo 
Creek in San Luis Obispo County, Santa Ynez River in Santa Barbara 
County, and the Santa Clara River in Ventura County. Also, some 
habitats less than 2.47 ac (1 ha) in size have tidewater goby 
populations that persist on a regular basis, such as Ca[ntilde]ada del 
Agua Caliente in Santa Barbara County (Swift et al. 1997, p. 3). The 
best available information suggests that the lagoons and estuaries with 
persistent tidewater goby populations are likely the source of core 
populations that provide individuals that colonize adjacent smaller 
locations with intermittent populations (Lafferty et al. 1999a, p. 
1452).

Distribution

    The known geographic range of the tidewater goby is limited to the 
coast of California (Eschmeyer et al. 1983, p. 262; Swift et al. 1989, 
p. 12). The species historically occurred from locations 3 mi (5 km) 
south of the California-Oregon border (Tillas Slough in Del Norte 
County) to 44 mi (71 km) north of the United States-Mexico border (Agua 
Hedionda Lagoon in San Diego County). The available documentation 
(e.g., Eschmeyer et al. 1983, p. 262; Swift et al. 1989, p. 12) 
suggests that the northernmost extent of the current geographic range 
has not changed over time. Tidewater goby historically occurred in Agua 
Hedionda Lagoon, but do not currently. The species' southernmost known 
currently occupied locality is the San Luis Rey River, 5 mi (8 km) 
north of Agua Hedionda Lagoon. Although the northernmost and 
southernmost extent of the tidewater goby's range has not changed, its 
overall distribution has become patchy and fragmented along the coast.
    The tidewater goby appears to be naturally absent from several long 
(50 to 135 mi (80 to 217 km)) stretches of coastline lacking lagoons or 
estuaries, where steep topography or swift currents may prevent the 
tidewater goby from dispersing between adjacent locations (Swift et al. 
1989, p. 13; Earl et al. 2010, p. 104). One such gap occurs between the 
Eel River in Humboldt County and the Ten Mile River in Mendocino 
County. A second gap exists between Davis Lake in Mendocino County and 
Salmon Creek in Sonoma County. Another large natural gap

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occurs between the Salinas River in Monterey County and Arroyo del Oso 
in San Luis Obispo County. Habitat loss and other anthropogenic-related 
factors have resulted in the tidewater goby's absence from several 
locations where it historically occurred; their recent disappearance 
from some of these locations has created additional gaps in the 
species' geographic distribution (Capelli 1997, p. 7). Such locations 
include San Francisco Bay in San Francisco and Alameda Counties, and 
Redwood Creek and Freshwater Lagoon in Humboldt County.
    Swift et al. (1989, p. 13) reported that, as of 1984, tidewater 
goby occurred or had been known to occur at 87 locations, including 
those at the extreme northern and southern end of the species' 
historical geographic range. An assessment of the species' distribution 
in 1993, using records that were limited to the area between the 
Monterey Peninsula in Monterey County and the United States-Mexico 
border, found the tidewater goby occurring at four additional sites 
since 1984 (Swift et al. 1993, p. 129). Other locations have been 
identified since 1993, and to date the tidewater goby has been 
documented at 135 locations within its historical range. Of these 135 
locations, 23 (17 percent) are no longer occupied by the tidewater 
goby. Therefore, 112 locations are currently occupied (Service 2005, p. 
6).

Habitat

    The lagoons, estuaries, backwater marshes, and freshwater 
tributaries that tidewater goby occupy are dynamic environments subject 
to considerable fluctuations on a seasonal and annual basis. Typically, 
a sandbar forms in the late spring as flow into a lagoon declines 
enough to allow the ocean surf to build up sand at the mouth of the 
lagoon. Winter rains and increased stream flows may bring in 
considerable sediment and dramatically affect the bottom profile and 
substrate composition of a lagoon or estuary. Fine mud and clay either 
move through the lagoon or estuary, or settle out in the backwater 
marshes, while heavier sand is left behind. High flows associated with 
winter rains can scour out the lagoon bottom to a lower level, 
especially after breaching the mouth sandbar, with sand building up 
again after flows decline. These dynamic processes result in wetland 
habitats that, over time, move both up or down coast, and inland or 
coastward.
    The horizontal extent of the lentic (pond-like) wetland habitat 
associated with a particular tidewater goby locality varies, and is 
affected in part, by local precipitation patterns and topography. In 
coastal areas where the topography is steep and precipitation 
relatively low, such as areas adjacent to the Santa Ynez Mountains in 
Santa Barbara County, the habitats occupied by tidewater goby may be a 
few acres in size, only extend a few hundred feet inland from the 
ocean, with backwater marshes small or absent. In other coastal 
settings where topography is less steep and precipitation is more 
abundant, surface streams are larger, coastal lagoons or estuaries may 
be hundreds of acres in size and extend many miles inland, and may 
include extensive backwater marshes (Lake Earl in Del Norte County and 
Ten Mile River in Mendocino County). Some locations occupied by the 
tidewater goby, for example, Bennett's Slough in Monterey County, 
receive water from upstream areas on a year-round basis. Such locations 
tend to possess wetland habitats that are larger and can extend inland 
for several miles. Other occupied locations do not possess stream 
channels or tributaries that provide a considerable amount of water 
throughout the summer or fall months. Such locations, such as Little 
Pico Creek in San Luis Obispo County, tend to possess wetland habitats 
that extend only a short distance inland.

Reproduction

    The tidewater goby has been observed to spawn in every month of the 
year except December (Swenson 1999, p. 107). Reproduction tends to peak 
in late April or May to July, and can continue into November depending 
on seasonal temperature and rainfall. Swenson (1995, p. 31) has 
documented the spawning activities of adult fish or the presence of egg 
clutches at water temperatures between 48 and 77 degrees Fahrenheit (F) 
(9 and 25 degrees Celsius (C)). Spawning tidewater goby have been 
observed in water salinities between 2 and 27 parts per thousand (ppt) 
(Swenson 1999, p. 31).

Threats

    The final listing rule for the tidewater goby published in 1994 (59 
FR 5494; February 4, 1994) and the 5-year review (Service 2007) states 
that this species is threatened, or potentially threatened, by: (1) 
Coastal development projects that result in the loss or alteration of 
coastal wetland habitat; (2) water diversions and alterations of water 
flows upstream of coastal lagoons and estuaries that negatively impact 
the species' breeding and foraging activities; (3) groundwater 
overdrafting; (4) channelization of the rivers where the species 
occurs; (5) discharge of agricultural and sewage effluents; (6) cattle 
grazing and feral pig activity that results in increased sedimentation 
of coastal lagoons and riparian habitats, removal of vegetative cover, 
increased ambient water temperatures, and elimination of plunge pools 
and undercut banks utilized by the tidewater goby; (7) introduced 
species that prey on the tidewater goby (e.g., bass (Micropterus spp.) 
and crayfish (Cambaris spp.)); (8) inadequacy of existing regulatory 
mechanisms; (9) drought conditions that result in the deterioration of 
coastal and riparian habitats; and (10) competition with introduced 
species, such as the yellowfin goby (Acanthogobius flavimanus) and 
chameleon goby (Tridentiger trigonocephalus).

Previous Federal Actions

    On April 15, 2009, Natural Resources Defense Council (NRDC) filed a 
lawsuit in the U.S. District Court for the Northern District of 
California challenging a portion of the January 31, 2008, final rule 
that designated 44 critical habitat units in Del Norte, Humboldt, 
Mendocino, Sonoma, Marin, San Mateo, Santa Cruz, Monterey, San Luis 
Obispo, Santa Barbara, Ventura, Los Angeles, Orange, and San Diego 
Counties, California (73 FR 5920, January 31, 2008). In a consent 
decree dated December 11, 2009, the U.S. District Court: (1) Stated 
that the 44 critical habitat units should remain in effect, (2) stated 
that the final rule designating critical habitat was remanded in its 
entirety for reconsideration, and (3) directed the Service to 
promulgate a revised critical habitat rule that considers the entire 
geographic range of the tidewater goby and any currently unoccupied 
tidewater goby habitat. The consent decree requires that the Service 
submit proposed and final revised rules to the Federal Register no 
later than October 7, 2011, and November 27, 2012, respectively. For 
additional information on previous Federal actions please refer to the 
1994 listing rule (59 FR 5494; February 4, 1994), and previous critical 
habitat designation (73 FR 5920; January 31, 2008).

Critical Habitat

Background

    Critical habitat is defined in section 3 of the Act as:
    (1) The specific areas within the geographical area occupied by the 
species, at the time it is listed in accordance with the Act, on which 
are found those physical or biological features
    (a) Essential to the conservation of the species and

[[Page 65000]]

    (b) Which may require special management considerations or 
protection; and
    (2) Specific areas outside the geographical area occupied by the 
species at the time it is listed, upon a determination that such areas 
are essential for the conservation of the species.
    Conservation, as defined under section 3 of the Act, means to use 
and the use of all methods and procedures that are necessary to bring 
an endangered or threatened species to the point at which the measures 
provided pursuant to 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, and transplantation, and, in the extraordinary case where 
population pressures within a given ecosystem cannot be otherwise 
relieved, may include regulated taking.
    Critical habitat receives protection under section 7 of the Act 
through the requirement that Federal agencies ensure, in consultation 
with the Service, that any action they authorize, fund, or carry out is 
not likely to result in the destruction or adverse modification of 
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 
non-Federal landowners. Where a landowner seeks or 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) would apply, but even in the event of a destruction or adverse 
modification finding, the obligation of the Federal action agency and 
the landowner 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 or biological features which are essential to 
the conservation of the species and which may require special 
management considerations or protection. Critical habitat designations 
identify, to the extent known using the best scientific and commercial 
data available, those physical or biological features that are 
essential to the conservation of the species (such as space, food, 
cover, and protected habitat), focusing on the principal biological or 
physical constituent elements (primary constituent elements (PCEs)) 
within an area that are essential to the conservation of the species 
(such as roost sites, nesting grounds, seasonal wetlands, water 
quality, tide, soil type). Primary constituent elements are the 
elements of physical or biological features that provide for a species' 
life-history processes and are essential to the conservation of the 
species.
    Under the Act, we can designate critical habitat in areas outside 
the geographical area occupied by the species at the time it is listed, 
upon a determination that such areas are essential for the conservation 
of the species. We designate critical habitat in areas outside the 
geographical area occupied by a species only when a designation limited 
to its range would be inadequate to ensure the conservation of the 
species. When the best available scientific data do not demonstrate 
that the conservation needs of the species require such additional 
areas, we will not designate critical habitat in areas outside the 
geographical area occupied by the species. An area currently occupied 
by the species but that was outside the geographical area occupied by 
the species at the time of listing may, however, be essential for the 
conservation of the species and may be included in the critical habitat 
designation.
    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 determine 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, expert opinion, or 
personal knowledge.
    Habitat is dynamic, and species (or habitats) may naturally shift 
within an area, or from one area to another, over time. Climate change 
will be a particular challenge for biodiversity because the addition of 
stressors associated with climate change to current stressors may push 
species beyond their ability to survive (Lovejoy and Hannah 2005, pp. 
325-326). The synergistic implications of climate change and habitat 
fragmentation are the most threatening facet of climate change for 
biodiversity (Lovejoy and Hannah 2005, p. 4), because species may not 
be able to migrate with shifting habitats. Current climate change 
predictions for terrestrial areas in the Northern Hemisphere generally 
indicate warmer air temperatures, more intense precipitation events, 
and increased summer continental drying, although predictions vary for 
any given specific location (Field et al. 1999, pp. 1-3; Hayhoe et al. 
2004, p. 12422; Cayan et al. 2005, p. 6; Intergovernmental Panel on 
Climate Change (IPCC) 2007, p. 11; Cayan et al. 2009, p. xi). Climate 
change may lead to increased frequency and duration of severe storms 
and droughts (McLaughlin et al. 2002, p. 6074; Cook et al. 2004, p. 
1015; Golladay et al. 2004, p. 504).
    Furthermore, these predictions also point to a future of warmer 
oceans and melting glaciers and icecaps, all of which are expected to 
raise mean sea levels, leading to the inundation and displacement of 
many estuaries and lagoons. A rise in sea level will most dramatically 
affect those estuaries that have been confined by surrounding 
development that prohibits their boundaries from naturally shifting in 
response to inundation. Projections for sea-level rise by the year 2100 
vary from 0.59 to 6.2 ft (0.18 to 1.9 m) (Raper and Braithwaite 2006, 
p. 311, IPCC 2007, p. 11; Rahmstorf 2007, p. 368; Herberger et al. 
2009, p. 8; Vermeer and Rahmstorf 2009, p. 21530). Paleoclimatic data 
suggest that the rate of future melting of the Greenland and Antarctic 
ice sheets and related sea level rise could be faster than currently 
projected (Overpeck et al. 2006, p. 1747). Park et al. (1989, pp. 1-52) 
projected that of the salt marshes along the coast of the contiguous 
United

[[Page 65001]]

States, 30 percent would be lost with a 1.6-ft (0.5-m) sea level rise, 
46 percent with a 3.3-ft (1-m) sea level rise, 52 percent with a 6.6-ft 
(2-m) sea level rise, and 65 percent with a 9.8-ft (3-m) sea level 
rise.
    We cannot project directly to California the percentage of salt 
marsh habitat that would be lost based upon the estimates of Park et 
al. (1989, p. 1-52), who focused on the east coast and Gulf coast of 
the United States; however, we can anticipate that with a projected sea 
level rise of up to almost 6.6 ft (2 m), much of the marshlands and 
estuaries in the state will be lost by 2100. In addition to the 
inundation and displacement of estuaries/lagoons, there would be shifts 
in the quality of the habitats in affected coastal regions. Prior to 
being inundated, coastal watersheds would become saline due to 
saltwater intrusion into the surface and groundwater. However, 
predictions of climatic conditions for smaller sub-regions, such as 
California, remain less certain. The full effects of these changes on 
aquatic organisms, such as the tidewater goby, are not well known. 
Thus, the information currently available on the effects of global 
climate change is not sufficiently precise to determine what additional 
areas, if any, may be appropriate to include in the revised critical 
habitat for this species to address the effects of climate change.
    Additionally, we recognize that critical habitat designated at a 
particular point in time may not include all of the 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 tidewater goby, both inside and outside the 
critical habitat designation, will continue to be subject to: (1) 
Conservation actions implemented under section 7(a)(1) of the Act, (2) 
regulatory protections afforded by the requirement in section 7(a)(2) 
of the Act for Federal agencies to ensure that their actions are not 
likely to jeopardize the continued existence of any endangered or 
threatened species, and (3) the prohibitions of section 9 of the Act if 
actions occurring in these areas may result in take of the species. 
Federally funded or permitted projects affecting listed species outside 
their designated critical habitat areas may still result in jeopardy 
findings in some cases. These protections and conservation tools will 
continue to contribute to recovery of this species. 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 new 
information available at the time of these planning efforts calls for a 
different outcome.

Physical or Biological Features

    In accordance with section 3(5)(A)(i) and 4(b)(1)(A) of the Act and 
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 or biological 
features essential to the conservation of the species and 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, or rearing (or development) 
of offspring; and
    (5) Habitats that are protected from disturbance or are 
representative of the historical, geographical, and ecological 
distributions of a species.
    We derive the specific physical or biological features required for 
tidewater goby from studies of this species' habitat, ecology, and life 
history as described below. Additional information can be found in the 
final listing rule published in the Federal Register on February 4, 
1994 (59 FR 5494), the Tidewater Goby 5-Year Review (Service 2007), and 
the Recovery Plan (Service 2005). Based on our current knowledge of the 
life history, biology, ecology, and the habitat requirements of the 
species, we have determined that the tidewater goby requires the 
following physical or biological features:

Space for Individual and Population Growth and for Normal Behavior

Saline Aquatic Habitat
    The tidewater goby occurs in lagoons, estuaries, and backwater 
marshes that are adjacent to the Pacific Ocean (Wang 1982, p. 14; Irwin 
and Soltz 1984, p. 27; Swift et al. 1989, p. 1; Swenson 1993, p. 3; 
Moyle 2002, p. 431). The tidewater goby is most commonly found in 
waters with relatively low salinities (less than 10 to 12 parts per 
thousand (ppt)) (Swift et al. 1989, p. 7). This species can, however, 
tolerate a wide range of salinities, and is frequently found in coastal 
habitats with higher salinity levels (Swift et al. 1989, p. 7; 
Worcester 1992, p. 106; Swift et al. 1997, pp. 15-22); it has been 
collected in salinities as high as 42 ppt by Swift et al. (1989, p. 7) 
and at 63 ppt in McDaniel Slough, Arcata Bay, Humboldt County (G. 
Goldsmith pers. comm. 2011). The species' tolerance of high salinities 
likely enables it to withstand some exposure to the marine environment, 
allowing it to recolonize nearby lagoons and estuaries following flood 
events. However, tidewater goby have only rarely been captured in the 
marine environment (Swift et al. 1989, p. 7), and they appear to enter 
the ocean only when flushed out of lagoons, estuaries, and river mouths 
by storm events or human-caused breaches of sand bars.
Freshwater Habitat
    The tidewater goby also occurs in freshwater streams up-gradient 
and tributary to brackish habitats; the salinity of these freshwater 
streams is typically less than 0.5 ppt. The available documentation 
demonstrates that, in some areas, tidewater goby can occur 1.6 to 7.3 
mi (2.6 to 11.7 km) upstream from the ocean environment (Irwin and 
Soltz 1984, p. 27; Swift et al. 1997, p. 20; Chamberlain and Goldsmith 
2006, p. 1). Within a 2-hour period, hundreds of tidewater goby have 
been observed to move upstream of a fixed location into areas in the 
Santa Ynez River 3.2 mi (5.1 km) from the ocean in Santa Barbara County 
(Swift et al. 1997, p. 20). The fact that this many individuals were 
observed to move through an area suggests that freshwater tributaries 
in some riverine systems provide important habitat for individual and 
population growth.
    We have reviewed a variety of documents to determine how far 
tidewater goby have been detected upstream from the ocean. Chamberlain 
and Goldsmith (2006, p. 1) found tidewater goby 1.6 to 2.0 mi (2.6 to 
3.3 km) upstream from the ocean in the Ten Mile River in Mendocino 
County, Swift et al. (1997, p. 18) found tidewater goby 4.6 mi (7.3 km) 
upstream from the ocean in the San Antonio River in Santa Barbara 
County, Swift et al. (1997, p. 20) found tidewater goby at various 
distances from 3.9 to 7.3 mi (6.2 to 11.7 km) upstream from the ocean 
in the Santa Ynez River in Santa Barbara County, and Holland (1992, p. 
9) found tidewater goby 3 mi (5 km) upstream from the ocean in the 
Santa Margarita River in San Diego County. Collectively, these data 
suggest the average distance tidewater goby have been detected

[[Page 65002]]

upstream from the ocean in medium to large rivers is approximately 3.8 
mi (6.1 km). Other than a high stream gradient, the reasons for the 
variation in upstream movement between one locality and another have 
not been determined; salinity could be an important factor. Upstream 
salinity levels may vary with time of year, tidal cycles, storm events, 
and topography. However, Swift et al. (1997, p. 26) indicate that 
stream gradient and lack of barriers (e.g., beaver dams, sills) are 
more important factors than salinity to upstream dispersal.
Sandbars
    Many of the locations occupied by the tidewater goby closely 
correspond to stream drainages. Under natural conditions these stream 
drainages and the marine environment collectively act to produce 
sandbars that form a barrier between the ocean and the lagoon, estuary, 
backwater marsh, and freshwater stream system (Habel and Armstrong 
1977, p. 39). These sandbars tend to be present during the late spring, 
summer, and fall seasons. The presence of a sandbar can create a lower 
salinity level (5 to 10 ppt) in the area inshore from the sandbar 
(Carpelan 1967, p. 324) than would otherwise exist if there were no 
sandbar. The tidewater goby is more commonly associated with these 
lower salinity levels than with the salinity levels that occur in the 
ocean or an estuary without a sandbar (about 35 ppt). The formation of 
a sandbar also creates more habitat for aquatic organisms because water 
becomes ponded behind the sandbar. Artificial breaching of a sandbar 
tends to result in a rapid decrease in water levels, and increases the 
likelihood that adult tidewater goby, their nests, and their fry could 
become stranded and die, or become concentrated and subject to greater 
levels of predation pressure by birds or other predators.
    In Humboldt Bay and the Eel River estuary in Humboldt County, a 
large amount of salt and brackish marsh habitat was eliminated through 
the construction of levees and drainage channels. As a result, several 
of the locations occupied by tidewater goby do not contain natural 
sandbars between the ocean and habitat where the species is present. 
Instead, manmade water control structures such as tidegates and 
culverts, exist between tidal waters and the locations where tidewater 
goby occur. These tidegates have been in place for decades, and in some 
cases they provide habitat conditions similar to those created by the 
presence of a seasonal sandbar. In fact, most of the occupied tidewater 
goby habitat in the Humboldt Bay-Eel River estuaries are above 
tidegates.
    Therefore, lagoons and estuaries with relatively low salinities for 
suitable breeding conditions, upstream freshwater habitat for refuge, 
and sandbars, which creates larger areas of suitable habitat with lower 
salinities, are essential to the conservation of the species.

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

Diet
    The tidewater goby feeds mainly on macroinvertebrates such as mysid 
shrimp, gammarid amphipods, ostracods, and aquatic insects such as 
chironomid midge larvae (Irwin and Soltz 1984, pp. 21-23; Swift et al. 
1989, p. 6; Swenson 1995, p. 87). The diets of adult and juvenile 
tidewater goby tend to include the same relative abundance of different 
invertebrate species (Swenson and McCray 1996, p. 962).
Water Depth, Velocity, and Temperature
    The tidewater goby is most commonly collected in water less than 6 
feet (ft) (2 meters (m)) deep (Wang 1982, pp. 4-5; Worchester 1992, p. 
53). However, tidewater goby were recently collected in Big Lagoon in 
Humboldt County during the breeding season at a water depth of 15 ft 
(4.6 m) (Goldsmith 2006a, p. 1). Whether use of these deeper waters is 
confined to this locality or is more widespread will require additional 
sampling at various depths and locations. The tidewater goby tends to 
avoid currents and concentrate in slack-water areas; this suggests they 
are less likely to occur in areas with a steep gradient or 
microhabitats with a substantial current. At Pescadero Creek in San 
Mateo County, tidewater goby were absent from portions of the flowing 
creek that had a surface velocity of 0.15 m per second (0.49 ft per 
second), and were instead more densely concentrated in nearby eddies 
with lower water velocities (Swenson 1993, p. 3).
    Backwater marshes, including lateral sloughs, are likely to be 
important to the tidewater goby for multiple reasons. Flood waters with 
increased water velocities can have a negative effect on the tidewater 
goby (Irwin and Soltz 1984, p. 27), and backwater marshes may provide 
important refuges that reduce the likelihood that tidewater goby will 
be flushed out of the lagoons or estuaries and into the marine 
environment during heavy winter floods (Lafferty et al. 1999a, p. 619). 
Evidence that increased flows can eliminate tidewater goby from a 
locality is suggested by the extirpation of tidewater goby from Waddell 
Creek in Santa Cruz County following a flood event in the winter of 
1972-73 (Nelson as cited in Swift 1990, p. 2); this creek had been 
channelized and no longer afforded protection from high flows during 
flood events. Likewise, the channelization and elimination of habitat 
lateral to the main stream channel upstream of San Onofre Lagoon in San 
Diego County probably led to the flushing and extirpation of tidewater 
goby from this locality during a storm in 1993 (Swift et al. 1994, pp. 
22-23). The importance of backwater marshes is also highlighted by the 
fact that tidewater goby in these habitats can achieve a greater size 
than in adjacent lagoons and creeks (Swenson 1993, pp. 6-7).
    Therefore, lagoons and estuaries with a variety of aquatic 
macroinvertebrates providing food for tidewater goby as well as 
backwater marshes, including lateral sloughs, which are used as refuge 
during storm events and sandbar breaches, are essential to the 
conservation of the species.

Cover or Shelter

    A variety of native and nonnative fish species and fish-eating bird 
species, such as egrets (Egretta spp.) and herons (e.g., great blue 
herons (Ardea herodias)), prey on tidewater goby. A species' ability to 
persist when it is subject to predation pressure frequently depends on 
the presence of escape cover or shelter, heterogeneous features that 
provide a greater level of structure to make it more likely to avoid 
predation (Crowder and Cooper 1982, p. 1802; Gilinsky 1984, p. 455). At 
locations where the tidewater goby occurs, submerged and emergent 
aquatic vegetation can create habitat heterogeneity and structure to 
provide a greater degree of cover from predators than would exist 
without it. Stable lagoons often possess dense aquatic vegetation, 
including sago pondweed (Potamogeton pectinatus) or widgeon grass 
(e.g., Ruppia maritima and R. cirrhosa). At some locations, juvenile 
tidewater goby are more prevalent in areas with at least some 
submergent vegetation compared to areas with little or no vegetation 
(Wang 1984, p. 16; Swenson 1994, p. 6; Trihey & Associates, Inc. 1996, 
p. 11). The presence of submerged or emergent vegetation appears to 
reduce the likelihood that tidewater goby will be preyed upon. Aquatic 
vegetation also may provide some degree of shelter or refuge during 
flash flood events (Lafferty et al. 1999b, p. 621) by lowering water 
velocity compared to unvegetated areas. Such refuges would

[[Page 65003]]

be especially important to fish species, such as tidewater goby, that 
are not strong swimmers. Therefore, lagoons and estuaries with 
submerged and emerged vegetation, which provide protection from 
predators and provide refuge during flood events, are essential to the 
conservation of the species.

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

    The eggs of the tidewater goby are laid in burrows excavated by 
male fish. Burrows most commonly occur in areas with relatively 
unconsolidated, clean, coarse sand (Swift et al. 1989, p. 8), and in 
silt or mud (Wang 1982, p. 6). Swenson (1995, p. 148) demonstrated that 
tidewater goby prefer a sandy substrate in the laboratory. Male 
tidewater goby remain in the burrow to guard the eggs attached to the 
burrow ceiling and walls, and care for the embryos for approximately 9 
to 11 days until they hatch. They rarely, if ever, emerge from the 
burrow to feed (Swift et al. 1989, p. 4). The tidewater goby larvae 
occupy the water column after the eggs hatch (Wang 1982, p. 15), then 
move to the bottom substrate as they mature. Worcester (1992, pp. 77-
79) found that larval tidewater goby in Pico Creek Lagoon in San Luis 
Obispo County tended to use the deeper portion of the lagoon at a depth 
of 29 in (73 cm), which is considerably deeper than the depth level of 
17 in (42 cm) where they were not detected. Therefore, lagoons and 
estuaries with relatively unconsolidated, clean, coarse sand, and silt 
or mud, which provide for breeding, are essential to the conservation 
of the species.

Habitats Protected From Disturbance or Representative of the 
Historical, Geographical, and Ecological Distributions of the Species

    The majority of lagoons, estuaries, and coastal streams that 
currently support the tidewater goby have experienced some level of 
disturbance. These range in size from approximately 31.5 square feet (3 
m\2\) of surface area to about 2,000 acres (ac) (800 hectares (ha)). 
Most lagoons and estuaries that support tidewater goby range from about 
1.25 to 12.5 ac (0.5 to 5 ha). Surveys of tidewater goby locations and 
historic records indicate that size, configuration, location, and 
access by humans are all factors in the persistence of populations of 
this species (Swift et al. 1989, p. 15; Swift et al. 1994, pp. 26-27). 
Lagoons and estuaries smaller than about 5 ac (2 ha) generally exhibit 
patterns of extirpation or population reduction and subsequent 
recolonization to very low levels. Many of the records for smaller 
locations, less than about 1 ac (0.4 ha), include one or a few large 
individuals with no evidence of reproduction. These small locations are 
also often within a mile or so of another locality from which 
recolonization could occur following catastrophic events, such as 
drought or artificial breaching of the lagoon.
    The largest locations are not necessarily the most secure, such as 
the San Francisco Bay or the Santa Margarita River, which have lost 
their populations of tidewater goby. However, an exception is Lake 
Tolowa, Del Norte County, which is several thousand acres in size and 
has had a continuous presence of tidewater goby. The most stable or 
largest populations today are in locations of intermediate sizes, which 
range from 5 to 125 ac (2 to 50 ha). In many cases, the tidewater goby 
populations in these intermediate sized locations likely serve as 
source populations for the smaller ephemeral sites (Lafferty et al. 
1999b, p. 1452). Therefore, lagoons and estuaries that range in size 
from small to large are important for maintaining the metapopulation 
dynamics and are essential to the conservation of the species.
Primary Constituent Elements for Tidewater Goby
    Under the Act and its implementing regulations, we are required to 
identify the physical or biological features essential to the 
conservation of tidewater goby in areas within the geographical area 
occupied by the species at the time of listing, focusing on the 
features' primary constituent elements. We consider primary constituent 
elements to be the elements of the physical or biological features that 
provide for a species' life-history processes and, under the 
appropriate circumstances, are essential to the conservation of the 
species.
    Based on our current knowledge of the physical or biological 
features and habitat characteristics required to sustain the species' 
life-history processes, we determine that the primary constituent 
element (and its components) specific to tidewater goby are:
    (1) Persistent, shallow (in the range of approximately 0.3 to 6.6 
ft (0.1 to 2 m)), still-to-slow-moving, lagoons, estuaries, and coastal 
streams ranging in salinity from 0.5 ppt to about 12 ppt, which 
provides adequate space for normal behavior and individual and 
population growth that contain:
    (a) Substrates (e.g., sand, silt, mud) suitable for the 
construction of burrows for reproduction;
    (b) Submerged and emergent aquatic vegetation, such as Potamogeton 
pectinatus, Ruppia maritima, Typha latifolia, and Scirpus spp., that 
provides protection from predators and high flow events; or
    (c) Presence of a sandbar(s) across the mouth of a lagoon or 
estuary during the late spring, summer, and fall that closes or 
partially closes the lagoon or estuary, thereby providing relatively 
stable water levels and salinity.

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 features which are essential to the conservation of 
the species and which may require special management considerations or 
protection. Special management considerations or protection may be 
necessary to eliminate or reduce the magnitude of threats that affect 
the tidewater goby. Threats identified in the final listing rule for 
the tidewater goby include: (1) Coastal development projects that 
result in the loss or alteration of coastal wetland habitat; (2) water 
diversions and alterations of water flows upstream of coastal lagoons 
and estuaries that negatively impact the species' breeding and foraging 
habitat and activities; (3) groundwater overdrafting that results in 
reduction of flows and negatively impacts the species' breeding and 
foraging habitat and activities; (4) channelization of habitats where 
the species occurs that removes or reduces quality of habitat; (5) 
discharge of agricultural and sewage effluents; (6) cattle grazing and 
feral pig activity that result in increased sedimentation of coastal 
lagoons and riparian habitats, remove vegetative cover, increase 
ambient water temperatures, and eliminate plunge pools and collapsed 
undercut banks utilized by the tidewater goby; (7) introduced species 
that prey on the tidewater goby (e.g., bass, crayfish); (8) the 
inadequacy of existing regulatory mechanisms; (9) drought conditions 
that result in the deterioration of coastal and riparian habitats; and 
(10) competition with introduced species, such as the yellowfin goby 
and chameleon goby.
    For the purposes of this proposed rule, we have combined the 
``water diversions and alterations of water flows upstream of coastal 
lagoons and estuaries that negatively impact the species' breeding and 
foraging activities'' threats category with ``drought conditions'' and 
``groundwater overdrafting,'' along with the addition of

[[Page 65004]]

artificial breaching of sandbars, into one threat category, i.e., 
``water diversions, alterations of water flows, artificial sandbar 
breaching, and groundwater overdrafting that negatively impact the 
species' breeding and foraging activities.'' Similarly, we have 
combined the two threat categories of ``introduced species that prey on 
the tidewater goby (e.g., bass, crayfish)'' and ``competition with 
introduced species such as the yellowfin goby and chameleon goby'' into 
one category, i.e., ``introduced species that prey on, or compete with, 
the tidewater goby (e.g., yellowfin goby, bass, and crayfish).'' Where 
special management may be necessary, regulatory mechanisms may need to 
be added or amended by local, State, or Federal governmental entities 
if sufficient management is not achievable through voluntary 
mechanisms.
    The tidewater goby exhibits a pattern of occupancy and extirpation 
throughout its range. The species requires refugia under drought 
conditions and places to recolonize under wetter conditions; otherwise, 
the tidewater goby would be relegated to existing only within those few 
lagoons and estuaries large enough to support it during periods of 
drought. If the suitable localities that are occupied during periods of 
normal precipitation cease to function as tidewater goby habitat due to 
modification or destruction while the localities are unoccupied, the 
metapopulation dynamics may be disrupted and the species may not be 
able to respond by recolonizing unoccupied localities under favorable 
conditions. A more detailed discussion of threats to the tidewater goby 
can be found in the final listing rule (59 FR 5494, March 7, 1994), and 
the final Recovery Plan (Service 2005, pp. 16-19).
    We find that the components of the PCE present within all the areas 
we are proposing to designate as critical habitat may require special 
management considerations or protection due to threats to the tidewater 
goby or its habitat. Using current information provided in the Recovery 
Plan (Service 2005, Appendix E) and other information in our files, we 
have identified the components of the PCE that may require special 
management considerations or protection from known threats within each 
of the critical habitat units (see Critical Habitat Designation and 
Table 3 below for a unit-by-unit description). Some of the special 
management actions that may be needed for essential features of 
tidewater goby habitat are briefly summarized below.
    (1) Implement measures to avoid, minimize or mitigate direct and 
indirect loss and adverse modification of tidewater goby habitat due to 
dredging, draining, and filling of lagoons and estuaries. Additional 
management actions should be taken to restore historic locations and 
potential habitats as opportunities become available to eliminate, 
minimize, or mitigate the effects of existing structures and past 
activities that have destroyed or degraded tidewater goby habitat.
    (2) Measures should be developed and implemented to minimize the 
adverse effects due to channelization that can eliminate crucial 
backwater habitats or other flood refuges.
    (3) Implement measures, such as best management practices, for 
managing excessive sedimentation in tidewater goby habitat within 
current or enhanced parameters. Measures should prevent further 
increase in sedimentation in tidewater goby habitat due to cattle 
grazing, development, channel modification, recreational activity, and 
agricultural practices.
    (4) Implement measures to prevent further decrease in freshwater 
inflow, water depth, and surface area within tidewater goby habitat due 
to dams, water diversions and groundwater pumping.
    (5) Implement measures to avoid anthropogenic breaching of lagoons, 
for example, use of pumping and other water control structures to 
regulate water levels, to provide conditions during the summer and 
fall, when reproduction is at its highest and freshwater inflow is at 
its lowest.
    (6) Implement measures to prevent further degradation of water 
quality resulting from agricultural runoff and effluent, municipal run-
off, golf course runoff, sewage treatment effluent, cattle grazing, 
development, oil spills, oil field runoff, toxic waste, and gray water 
dumping. Also, measures should be implemented to prevent further 
degradation of the water quality due to dikes, tidal gates, and other 
impedances to the natural freshwater/saltwater interface that alter the 
salinity regime in some of the tidewater goby habitats.
    (7) Implement measures that prevent further increases in the 
abundance and distribution of nonnative species.

Criteria Used To Identify Critical Habitat

    As required by section 4(b)(1)(A) of the Act, we use the best 
scientific and commercial data available to designate critical habitat. 
We review available information pertaining to the habitat requirements 
of the species. In accordance with the Act and its implementing 
regulation at 50 CFR 424.12(e), we consider whether designating 
additional areas--outside those currently occupied as well as those 
occupied at the time of listing--are necessary to ensure the 
conservation of the species. We are proposing to designate critical 
habitat in areas within the geographical area occupied by the species 
at the time of listing in 1994. We also are proposing to designate 
specific areas outside the geographical area occupied by the species at 
the time of listing that were historically occupied, but are presently 
unoccupied, because such areas are essential for the conservation of 
the species.
    In proposing revised critical habitat for the tidewater goby, we 
made extensive use of the information in the Recovery Plan (Service 
2005), and incorporated the recovery goals and strategy identified in 
the Recovery Plan in the development of our proposed revised 
designation. We also reviewed other relevant information, including 
peer-reviewed journal articles, unpublished reports and materials 
(e.g., survey results and expert opinions), the final listing rule (59 
FR 5494; February 4, 1994), the 2000 final critical habitat rule (65 FR 
69693; November 20, 2000), the 2006 proposed revised critical habitat 
rule (71 FR 68914; November 28, 2006), the 2008 final revised critical 
habitat rule (73 FR 5920; January 31, 2008), the 5-year review for the 
tidewater goby (Service 2007), and regional databases and GIS 
coverages, for example, California Natural Diversity Database, and 
National Wetlands Inventory maps. We analyzed this information to 
determine historical occupancy, occupancy at the time of listing, and 
current occupancy, and to develop criteria for identifying: (1) 
Specific areas within the geographical area occupied at the time of 
listing that contain the physical or biological features essential to 
the conservation of the tidewater goby and which may require special 
management considerations or protection, and (2) criteria for specific 
areas outside the geographical area occupied at the time of listing 
that are essential for the conservation of the tidewater goby.
    The Recovery Plan focuses on preserving the diversity of tidewater 
goby habitats throughout the range of the species, preserving the 
natural processes of recolonization and population exchange 
(metapopulation dynamics) that enable recovery following catastrophic 
events, and preserving genetic diversity (Service 2005, p. 28). The 
conservation of the environmental, morphological, and genetic diversity 
across the range of the

[[Page 65005]]

species is an important consideration in determining specific areas on 
which are found the physical or biological features essential to the 
conservation of the species and other specific areas that are essential 
for the conservation of the tidewater goby. For example, a population's 
ability to successfully adapt to changing environmental conditions is a 
function of the population size, and genetic variation of the 
individuals at a given location (Reed and Frankham 2003, p. 233).
    Local adaptations to different environmental conditions and 
morphological differences are likely linked to genetic variations among 
populations. These features may in turn be best protected by: (1) 
Identifying areas that represent the range of environmental, genetic, 
and morphological diversity; and (2) maximizing within these areas the 
protection of contiguous environmental gradients across which selection 
and migration can interact to maintain population viability and 
(adaptive) genetic diversity (Moritz 2002, p. 238). The Recovery Plan 
subdivides the geographical distribution of the tidewater goby into 6 
recovery units, encompassing a total of 26 subunits defined according 
to genetic differentiation and geomorphology. We considered the 
conservation of the tidewater goby in each of the recovery units and 
subunits, as well as the species as a whole, in our analysis.
    Based on the Recovery Plan, we developed the following conservation 
framework and criteria to identify the specific circumstances under 
which the presence of the components of the PCE within the geographical 
area occupied by the species at the time of listing provides the 
physical or biological features essential to the conservation of the 
tidewater goby, and thus delineates the specific areas that meet the 
definition of critical habitat:
    (1) Areas that allow for the conservation of viable metapopulations 
(as defined in the Background section above) under varying 
environmental conditions, for example, drought. These areas include 
those that presumably support source populations (populations where 
local reproductive success is greater than local mortality (Meffe and 
Carroll 1994, p. 187)). For the purposes of this designation, we 
identified areas supporting source populations as those that are 
currently occupied and have been consistently occupied for three or 
more consecutive years based on survey data and published reports. We 
believe these source populations are more likely to be capable of 
maintaining populations over many years, and are therefore capable of 
providing individuals to recruit into surrounding subpopulations. We 
have also included other populations within each metapopulation in 
addition to source populations in the event that the source population 
is extirpated due to a catastrophic event such as a major flood or 
drought.
    (2) Areas that provide connectivity between metapopulations. These 
areas are likely to act as ``stepping stones'' between more isolated 
populations, and thereby contribute to metapopulation persistence and 
genetic exchange. For the purposes of this designation, we identified 
locations that provide connectivity as those within 6 mi (10 km) of 
another occupied location.
    We have determined that the specific areas within the geographical 
area occupied at the time of listing are not sufficient to meet the 
recovery goals for the species because:
    (1) The Recovery Plan states that, to minimize the chance of local 
extirpations resulting in extinction of a broader metapopulation (see 
Background section) and resultant loss of its unique genetic traits, 
introduction and reintroduction of the tidewater goby into suitable 
habitat is necessary to recover the species (Service 2005, p. 29);
    (2) There has been considerable loss and degradation of habitat 
throughout the species' range since the time of listing;
    (3) We anticipate a further loss of habitat in the future due to 
sea-level rise resulting from climate change; and
    (4) The species needs habitat areas that are arranged spatially in 
a way that will maintain connectivity and allow dispersal within and 
between units.
    One example of the need to propose additional sites that are 
outside the geographical area occupied at the time of listing is where 
distances between areas occupied at the time of listing may make it 
difficult for tidewater goby to disperse from one area to the next. 
Another example is to help prevent the extirpation of a metapopulation 
in which only one or two occupied sites remain. These areas that are 
outside the geographical area occupied at the time of listing include 
locations that are currently occupied and, in a few cases, ones that 
were historically occupied. In some unoccupied areas proposed for 
introduction or reintroduction, habitat would require some restoration, 
for example, facilitation of a natural breaching regime, exotic 
predator management, or freshwater inflow enhancement. For areas 
outside the geographical area occupied at the time of listing, those 
meeting the criteria below are proposed for designation in this revised 
rule because they are essential for the conservation of the species:
    (1) Areas of aquatic habitat in coastal lagoons and estuaries with 
still-to-slow moving water that allow for the conservation of viable 
metapopulations (as defined in the Background section above) under 
varying environmental conditions, for example, drought. Areas that are 
currently occupied may include those that presumably support source 
populations (e.g., Malibu Lagoon).
    (2) Areas that provide connectivity between source populations or 
may provide connectivity in the future. These areas are likely to act 
as ``stepping stones'' between more isolated populations, and thereby 
contribute to metapopulation persistence and genetic exchange. For the 
purposes of this designation, we identified locations that provide 
connectivity as those within 6 mi (10 km) of another occupied location.
    (3) Additional areas that may be more isolated but may represent 
unique adaptations to local features (habitat variability, hydrology, 
microclimate).
    We did not propose to designate any unoccupied areas that are 
highly degraded or fragmented and not likely restorable. Such areas 
provide little or no long-term conservation value, and are not 
essential for the conservation of the species.
    By applying these criteria to the 26 recovery subunits described in 
the Recovery Plan, we have identified 45 critical habitat units within 
the geographical area occupied by the species at the time of listing 
that we have determined contain the physical or biological features 
essential to the conservation of the tidewater goby, and 20 critical 
habitat units outside the geographical area occupied by the species at 
the time of listing that we have determined are essential for the 
conservation of the species. Please see Table 2, below, for the 
occupancy status of each of the 65 proposed critical habitat units.
Mapping
    After determining the lagoons and estuaries necessary for the 
conservation of the tidewater goby by applying criteria outlined above, 
the boundaries of each critical habitat unit were mapped. Unit 
boundaries were based on several factors, including species occurrence 
data that demonstrated where tidewater goby have been observed, the 
presence of barriers and stream gradients that limit tidewater goby 
movements, and the presence and extent of the essential physical or 
biological features.

[[Page 65006]]

    The geographic extent of each critical habitat unit was delineated, 
in part, using existing digital data. To determine the lateral 
boundaries of each critical habitat unit, we most frequently relied on 
the Pacific Institute global climate change model and National Wetland 
Inventory (NWI) maps that were prepared by the Service in 2006. The NWI 
maps are based on the Cowardin classification system (Cowardin et al. 
1979, pp. 1-103). The Service has adopted this classification system as 
its official standard to describe wetland and deepwater habitats. 
Specifically, the following wetland types based on Cowardin (1979, p. 
5) were used to delineate unit boundaries: Lake, Estuarine and Marine 
Deepwater, Estuarine and Marine Wetland, Freshwater Pond, Freshwater 
Emergent Wetland, Freshwater Forested/Shrub Wetland, and Riverine. 
These wetland types have, or are likely to have, components of the PCEs 
at various times throughout the year depending on the season and 
environmental factors, such as storm or drought events. In some cases, 
we used existing anthropogenic structures, such as concrete or riprap 
channel linings that occur within wetland habitat types, to delineate 
the lateral boundaries of units. To a lesser extent, we also used 
aerial imagery from the National Agricultural Imagery Program (NAIP) to 
delineate the lateral boundaries of a critical habitat unit where 
insufficient NWI data were available.
    The precise location of tidewater goby habitat at a particular 
locality may vary on a daily, seasonal, and annual basis; the habitats 
occupied by tidewater goby exist in a dynamic environment that varies 
over time. For example, the size and lateral extent of a coastal lagoon 
or estuary varies with daily tide cycles. Flood events may also change 
the precise location where surface water exists within a given lagoon, 
estuary, backwater marsh, or freshwater tributary. Therefore, it is 
appropriate to delineate each critical habitat unit to encompass the 
entire area that may be occupied by tidewater goby on a daily, 
seasonal, and annual basis. This was accomplished by using the 
boundaries delineated on the NWI maps to determine the lateral extent 
of each unit.
    The delineation of the farthest upstream extent of a particular 
critical habitat unit was determined using one of four features that 
include: (1) The average distance that tidewater goby are known to move 
upstream from the ocean (3.8 mi (6.1 km)), (2) the presence of 
barriers, such as culverts that may prevent tidewater goby from moving 
upstream, (3) the presence of a vertical drop, for example more than 4 
to 8 in (10 to 20 cm) high, or steep gradient that precludes tidewater 
goby from swimming upstream or can act as a barrier that makes it less 
likely tidewater goby will be able to swim upstream (Swift et al. 1997, 
p. 20)), or (4) limited surface water in the tributary up-gradient from 
the lagoon or estuary. Each of the above features describes a barrier 
to upstream movement; therefore, the upstream extent of a particular 
unit was determined by whichever barrier was identified first through 
the mapping process regardless of whether or not components of the PCE 
were still present above it.
    When determining revisions to critical habitat boundaries for this 
proposed rule, we made every effort to avoid developed areas, such as 
lands covered by buildings, pavement, and other structures, because 
such lands lack the physical or biological features for the tidewater 
goby. 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 revised 
critical habitat are excluded by text in this proposed rule. Therefore, 
if the critical habitat is finalized as proposed, 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 may affect the physical or 
biological features in the adjacent critical habitat.
    We are proposing for designation of critical habitat lands that we 
have determined are within the geographical area occupied by the 
species at the time of listing and contain those physical or biological 
features necessary to support life-history processes essential to the 
conservation of the species, and lands outside of the geographical area 
occupied at the time of listing that we have determined are essential 
for the conservation of tidewater goby.
    Units within the geographical area occupied at the time of listing 
are proposed for designation based on one or more components of the PCE 
being present to support tidewater goby life-history processes. Some 
units contain all of the identified elements of physical or biological 
features and support multiple life-history processes. Some units 
contain only some elements necessary to support the tidewater goby, but 
nevertheless provide the physical or biological features essential to 
the conservation of the species.

Summary of Changes From Previously Designated Critical Habitat

    On January 31, 2008, we designated 44 coastal stream segments in 
Del Norte, Humboldt, Mendocino, Sonoma, Marin, San Mateo, Santa Cruz, 
Monterey, San Luis Obispo, Santa Barbara, Ventura, and Los Angeles 
Counties, California, totaling approximately 10,003 ac (4,053 ha) (73 
FR 5920). We are proposing to revise this designation to a total of 
approximately 12,157 ac (4,920 ha) consisting of 65 critical habitat 
units. This is an increase of approximately 2,154 ac (867 ha) from the 
currently designated critical habitat. As a result of the additional 
units, some of the unit names have changed. In this section we present 
the differences between what was designated in 2008 and what is 
included in this proposed designation.
    (1) Our analysis of new and updated information received since the 
2008 critical habitat designation (73 FR 5920) resulted in the 
identification of areas meeting the definition of critical habitat that 
differ from the areas identified in 2008. We added and revised areas 
that meet the definition of critical habitat. Based on our current 
knowledge of the status and distribution of the species and life 
history requirements, we believe that including in this proposed rule 
some areas that were not previously identified as meeting the 
definition of critical habitat better supports the overall survival and 
conservation objectives for the species.
    (2) We added information related to the genetics of the species 
rangewide and new distribution data that have become available to us 
following our 2008 designation (see Background section above).
    As a result of the above, we are proposing to designate 12,157 ac 
(4,920 ha) as critical habitat in this revised rule (Table 1). The 
lands proposed for designation as critical habitat include areas in Del 
Norte, Humboldt, Mendocino, Sonoma, Marin, San Mateo, Santa Cruz, 
Monterey, San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, 
and San Diego Counties, California.

[[Page 65007]]



   Table 1--A Comparison of the Areas (in Acres and Hectares) Identified as Meeting the Definition of Critical
    Habitat for Tidewater Goby in the 2008 Final Critical Habitat Designation and This 2011 Proposed Revised
                                          Critical Habitat Designation
----------------------------------------------------------------------------------------------------------------
               Unit                           Name                      2008                      2011
----------------------------------------------------------------------------------------------------------------
                                                                 Acres       Hectares      Acres       Hectares
----------------------------------------------------------------------------------------------------------------
                                                Del Norte County
----------------------------------------------------------------------------------------------------------------
DN-1.............................  Tillas Slough (Smith                 0            0           21            8
                                    River).
DN-2.............................  Lake Earl/Lake Tolowa....        2,682        1,085        2,683        1,086
                                                             ---------------------------------------------------
    Totals.......................  .........................        2,682        1,085        2,704        1,094
----------------------------------------------------------------------------------------------------------------
                                                 Humboldt County
----------------------------------------------------------------------------------------------------------------
HUM-1............................  Stone Lagoon.............          586          237          653          264
HUM-2............................  Big Lagoon...............        1,505          609        1,529          619
HUM-3............................  Humboldt Bay.............        1,478          598          839          339
HUM-4............................  Eel River................          268          109           39           15
                                                             ---------------------------------------------------
    Totals.......................  .........................        3,837        1,553        3,060        1,237
----------------------------------------------------------------------------------------------------------------
                                                Mendocino County
----------------------------------------------------------------------------------------------------------------
MEN-1............................  Ten Mile River...........          218           88           73           30
MEN-2............................  Virgin Creek.............           11            4            4            2
MEN-3............................  Pudding Creek............           23            9           17            7
MEN-4............................  Davis Lake and Manchester           24           10           29           12
                                    State Park Ponds.
                                                             ---------------------------------------------------
    Totals.......................  .........................          276          112          123           51
----------------------------------------------------------------------------------------------------------------
                                                  Sonoma County
----------------------------------------------------------------------------------------------------------------
SON-1............................  Salmon Creek.............          100           41          108           44
                                                             ---------------------------------------------------
    Totals.......................  .........................          100           41          108           44
----------------------------------------------------------------------------------------------------------------
                                                  Marin County
----------------------------------------------------------------------------------------------------------------
MAR-1............................  Estero Americano.........          295          120          465          188
MAR-2............................  Estero de San Antonio....          178           72          285          115
MAR-3............................  Walker Creek.............            0            0          118           48
MAR-4............................  Lagunitas (Papermill)              849          344          998          405
                                    Creek.
MAR-5............................  Bolinas Lagoon...........            0            0        1,114          451
MAR-6............................  Rodeo Lagoon.............           40           16           40           16
                                                             ---------------------------------------------------
    Totals.......................  .........................        1,362          551        3,020        1,223
----------------------------------------------------------------------------------------------------------------
                                                San Mateo County
----------------------------------------------------------------------------------------------------------------
SM-1.............................  San Gregorio Creek.......           39           16           45           18
SM-2.............................  Pomponio Creek...........            0            0            7            3
SM-3.............................  Pescadero-Butano Creek...          218           88          245           99
SM-4.............................  Bean Hollow Creek (Arroyo           10            4           10            4
                                    de Los Frijoles).
                                                             ---------------------------------------------------
    Totals.......................  .........................          267          108          307          124
----------------------------------------------------------------------------------------------------------------
                                                Santa Cruz County
----------------------------------------------------------------------------------------------------------------
SC-1.............................  Waddell Creek............            0            0           75           30
SC-2.............................  Scott Creek..............            0            0           74           30
SC-3.............................  Laguna Creek.............           26           11           26           11
SC-4.............................  Baldwin Creek............           17            7           27           11
SC-5.............................  Moore Creek..............            0            0           15            6
SC-6.............................  Corcoran Lagoon..........           32           12           28           11
SC-7.............................  Aptos Creek..............            3            1            9            4
SC-8.............................  Pajaro River.............          176           71          215           87
                                                             ---------------------------------------------------
    Totals.......................  .........................          254          103          469          190
----------------------------------------------------------------------------------------------------------------
                                                 Monterey County
----------------------------------------------------------------------------------------------------------------
MN-1.............................  Bennett Slough...........          155           63          167           68
MN-2.............................  Salinas River............            0            0          466          189
                                                             ---------------------------------------------------

[[Page 65008]]

 
    Totals.......................  .........................          155           63          633          257
----------------------------------------------------------------------------------------------------------------
                                             San Luis Obispo County
----------------------------------------------------------------------------------------------------------------
SLO-1............................  Arroyo de la Cruz........            0            0           33           13
SLO-2............................  Arroyo del Corral........            5            2            5            3
SLO-3............................  Oak Knoll Creek (Arroyo              3            1            5            3
                                    Laguna).
SLO-4............................  Little Pico Creek........            2            1            9            4
SLO-5............................  San Simeon Creek.........           16            7           17            7
SLO-6............................  Villa Creek..............            5            2           15            7
SLO-7............................  San Geronimo Creek.......            1            1            1            1
SLO-8............................  Toro Creek...............            0            0            9            4
SLO-9............................  Los Osos Creek...........            0            0           73           30
SLO-10...........................  San Luis Obispo Creek....            0            0           31           12
SLO-11...........................  Pismo Creek..............           18            8           20            9
SLO-12...........................  Oso Flaco Lake...........            0            0          171           69
                                                             ---------------------------------------------------
    Totals.......................  .........................           50           20          389          162
----------------------------------------------------------------------------------------------------------------
                                              Santa Barbara County
----------------------------------------------------------------------------------------------------------------
SB-1.............................  Santa Maria River........          468          189          474          192
SB-2.............................  Ca[ntilde]ada de las                 1            1            1            1
                                    Agujas.
SB-3.............................  Ca[ntilde]ada de Santa               3            1            3            1
                                    Anita.
SB-4.............................  Ca[ntilde]ada de Alegria.            1            1            2            1
SB-5.............................  Ca[ntilde]ada del Agua               1            1            1            1
                                    Caliente.
SB-6.............................  Gaviota Creek............            9            4           11            5
SB-7.............................  Arroyo Hondo.............            0            0            1            1
SB-8.............................  Winchester/Bell Canyon...            6            3            6            3
SB-9.............................  Goleta Slough............            0            0          190           76
SB-10............................  Arroyo Burro.............            2            1            3            1
SB-11............................  Mission Creek-Laguna                14            6            7            3
                                    Channel.
SB-12............................  Arroyo Paredon...........            0            0            4            3
                                                             ---------------------------------------------------
    Totals.......................  .........................          505          204          703          288
----------------------------------------------------------------------------------------------------------------
                                                 Ventura County
----------------------------------------------------------------------------------------------------------------
VEN-1............................  Ventura River............           51           20           50           21
VEN-2............................  Santa Clara River........          350          142          322          130
VEN-3............................  J Street Drain-Ormond               45           18          121           49
                                    Lagoon.
VEN-4............................  Big Sycamore Canyon......            0            0            1            1
                                                             ---------------------------------------------------
    Totals.......................  .........................          446          180          495          201
----------------------------------------------------------------------------------------------------------------
                                               Los Angeles County
----------------------------------------------------------------------------------------------------------------
LA-1.............................  Arroyo Sequit............            0            0            1            1
LA-2.............................  Zuma Canyon..............            0            0            5            2
LA-3.............................  Malibu Lagoon............           64           27           64           27
LA-4.............................  Topanga Creek............            5            2            6            2
                                                             ---------------------------------------------------
    Totals.......................  .........................           69           29           76           32
----------------------------------------------------------------------------------------------------------------
                                                  Orange County
----------------------------------------------------------------------------------------------------------------
OR-1.............................  Aliso Creek..............            0            0           14            5
                                                             ---------------------------------------------------
    Totals.......................  .........................            0            0           14            5
----------------------------------------------------------------------------------------------------------------
                                                    San Diego
----------------------------------------------------------------------------------------------------------------
SAN-1............................  San Luis Rey River.......            0            0           56           23
                                                             ---------------------------------------------------
    Totals.......................  .........................            0            0           56           23
                                                             ===================================================
        Grand Totals.............  .........................       10,003        4,053       12,157        4,920
----------------------------------------------------------------------------------------------------------------


[[Page 65009]]

    Note: Area sizes may not sum due to rounding.

Proposed Revised Critical Habitat Designation

    We are proposing 65 units as critical habitat for the tidewater 
goby. The critical habitat areas we describe below constitute our 
current best assessment of areas that meet the definition of critical 
habitat for the tidewater goby. The 65 areas we propose as revised 
critical habitat are listed in Table 2, which shows the occupancy 
status of the units.

                                     Table 2--Occupancy of Tidewater Goby by Proposed Revised Critical Habitat Units
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Within the geographical area  occupied at
                Unit                            Name                         time of listing?                            Currently occupied?
--------------------------------------------------------------------------------------------------------------------------------------------------------
DN-1................................  Tillas Slough (Smith     Yes.........................................  Yes.
                                       River).
DN-2................................  Lake Earl/Lake Tolowa..  Yes.........................................  Yes.
HUM-1...............................  Stone Lagoon...........  Yes.........................................  Yes.
HUM-2...............................  Big Lagoon.............  Yes.........................................  Yes.
HUM-3...............................  Humboldt Bay...........  Yes.........................................  Yes.
HUM-4...............................  Eel River..............  No..........................................  Yes.
MEN-1...............................  Ten Mile River.........  Yes.........................................  Yes.
MEN-2...............................  Virgin Creek...........  Yes.........................................  Yes.
MEN-3...............................  Pudding Creek..........  Yes.........................................  Yes.
MEN-4...............................  Davis Lake and           Yes.........................................  Yes.
                                       Manchester State Park
                                       Ponds.
SON-1...............................  Salmon Creek...........  Yes.........................................  Yes.
MAR-1...............................  Estero Americano.......  Yes.........................................  Yes.
MAR-2...............................  Estero de San Antonio..  Yes.........................................  Yes.
MAR-3...............................  Walker Creek...........  No..........................................  No.
MAR-4...............................  Lagunitas (Papermill)    No..........................................  Yes.
                                       Creek.
MAR-5...............................  Bolinas Lagoon.........  No..........................................  No.
MAR-6...............................  Rodeo Lagoon...........  Yes.........................................  Yes.
SM-1................................  San Gregorio Creek.....  Yes.........................................  Yes.
SM-2................................  Pomponio Creek.........  No..........................................  No.
SM-3................................  Pescadero-Butano Creek.  Yes.........................................  Yes.
SM-4................................  Bean Hollow Creek        Yes.........................................  Yes.
                                       (Arroyo de Los
                                       Frijoles).
SC-1................................  Waddell Creek..........  Yes.........................................  No.
SC-2................................  Scott Creek............  No..........................................  Yes.
SC-3................................  Laguna Creek...........  Yes.........................................  Yes.
SC-4................................  Baldwin Creek..........  Yes.........................................  Yes.
SC-5................................  Moore Creek............  Yes.........................................  Yes.
SC-6................................  Corcoran Lagoon........  Yes.........................................  Yes.
SC-7................................  Aptos Creek............  Yes.........................................  Yes.
SC-8................................  Pajaro River...........  Yes.........................................  Yes.
MN-1................................  Bennett Slough.........  Yes.........................................  Yes.
MN-2................................  Salinas River..........  No..........................................  No.
SLO-1...............................  Arroyo de la Cruz......  No..........................................  No.
SLO-2...............................  Arroyo del Corral......  Yes.........................................  Yes.
SLO-3...............................  Oak Knoll Creek (Arroyo  Yes.........................................  Yes.
                                       Laguna).
SLO-4...............................  Little Pico Creek......  Yes.........................................  Yes.
SLO-5...............................  San Simeon Creek.......  Yes.........................................  Yes.
SLO-6...............................  Villa Creek............  Yes.........................................  Yes.
SLO-7...............................  San Geronimo Creek.....  Yes.........................................  Yes.
SLO-8...............................  Toro Creek.............  Yes.........................................  Yes.
SLO-9...............................  Los Osos Creek.........  No..........................................  Yes.
SLO-10..............................  San Luis Obispo Creek..  Yes.........................................  Yes.
SLO-11..............................  Pismo Creek............  Yes.........................................  Yes.
SLO-12..............................  Oso Flaco Lake.........  No..........................................  No.
SB-1................................  Santa Maria River......  Yes.........................................  Yes.
SB-2................................  Ca[ntilde]ada de las     Yes.........................................  Yes.
                                       Agujas.
SB-3................................  Ca[ntilde]ada de Santa   Yes.........................................  Yes.
                                       Anita.
SB-4................................  Ca[ntilde]ada de         Yes.........................................  Yes.
                                       Alegria.
SB-5................................  Ca[ntilde]ada del Agua   Yes.........................................  Yes.
                                       Caliente.
SB-6................................  Gaviota Creek..........  Yes.........................................  Yes.
SB-7................................  Arroyo Hondo...........  No..........................................  Yes.
SB-8................................  Winchester/Bell Canyon.  Yes.........................................  Yes.
SB-9................................  Goleta Slough..........  No..........................................  Yes.
SB-10...............................  Arroyo Burro...........  No..........................................  Yes.
SB-11...............................  Mission Creek-Laguna     Yes.........................................  Yes.
                                       Channel.
SB-12...............................  Arroyo Paredon.........  No..........................................  Yes.
VEN-1...............................  Ventura River..........  Yes.........................................  Yes.
VEN-2...............................  Santa Clara River......  Yes.........................................  Yes.
VEN-3...............................  J Street Drain-Ormond    Yes.........................................  Yes.
                                       Lagoon.
VEN-4...............................  Big Sycamore Canyon....  No..........................................  Yes.
LA-1................................  Arroyo Sequit..........  No..........................................  No.
LA-2................................  Zuma Canyon............  No..........................................  No.
LA-3................................  Malibu Lagoon..........  Yes.........................................  Yes.
LA-4................................  Topanga Creek..........  No..........................................  Yes.
OR-1................................  Aliso Creek............  No..........................................  No.

[[Page 65010]]

 
SAN-1...............................  San Luis Rey River.....  No..........................................  Yes.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Table 3 below provides the approximate area, by unit and 
landownership, proposed for revised designation of critical habitat for 
the tidewater goby.

      Table 3--Critical Habitat Units Proposed for the Tidewater Goby (in Acres and Hectares) and Known Threats That May Require Special Management
Considerations or Protection of the Essential Physical or Biological Features for Units Within the Geographical Area Occupied by the Species at the Time
                                                                       of Listing
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                           Known threats
                                                                                                                                             that may
                                                                                                                                              require
                                                                                                                                              special
                                                                                                                                            management
                        Unit name                             Federal          State           Local          Private        Total \1\    considerations
                                                                                                                                           or protection
                                                                                                                                              of the
                                                                                                                                             essential
                                                                                                                                           features \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
DN-1: Tillas Slough (Smith River).......................            0(0)            0(0)            0(0)           21(8)           21(8)           2,3,5
DN-2: Lake Earl/Lake Tolowa.............................            0(0)      2,335(945)            0(0)        348(141)    2,683(1,086)             1,4
HUM-1: Stone Lagoon.....................................            0(0)        653(264)            0(0)            0(0)        653(264)               4
HUM-2: Big Lagoon.......................................            0(0)      1,527(618)            0(0)            2(1)      1,529(619)               4
HUM-3: Humboldt Bay.....................................        652(264)          61(24)          45(18)          81(33)        839(339)         1,3,4,5
HUM-4: Eel River........................................            0(0)            5(2)            0(0)          34(13)          39(15)             N/A
MEN-1: Ten Mile River...................................            0(0)           17(7)            0(0)          56(23)          73(30)               4
MEN-2: Virgin Creek.....................................            0(0)            2(1)            0(0)            2(1)            4(2)             1,4
MEN-3: Pudding Creek....................................            0(0)           10(4)            1(1)            6(2)           17(7)             1,4
MEN-4: Davis Lake and Manchester State Park Ponds.......            0(0)          29(12)            0(0)            0(0)          29(12)               4
SON-1: Salmon Creek.....................................            0(0)          47(19)           14(6)          47(19)         108(44)         1,2,4,5
MAR-1: Estero Americano.................................            0(0)            0(0)            0(0)        465(188)        465(188)           1,4,5
MAR-2: Estero De San Antonio............................            0(0)            0(0)            0(0)        285(115)        285(115)         1,2,4,5
MAR-3: Walker Creek.....................................            0(0)            9(4)            0(0)         109(44)         118(48)             N/A
MAR-4: Lagunitas (Papermill) Creek......................        318(129)        459(186)            0(0)         221(90)        998(405)             N/A
MAR-5: Bolinas Lagoon...................................          29(12)            0(0)      1,048(424)          37(15)      1,114(451)             N/A
MAR-6: Rodeo Lagoon.....................................          40(16)            0(0)            0(0)            0(0)          40(16)               1
SM-1: San Gregorio Creek................................            0(0)          33(13)            0(0)           12(5)          45(18)             1,3
SM-2: Pomponio Creek....................................            0(0)            1(1)            0(0)            6(2)            7(3)             N/A
SM-3: Pescadero-Butano Creek............................            0(0)         241(97)            0(0)            4(2)         245(99)           1,3,4
SM-4: Bean Hollow Creek (Arroyo de Los Frijoles)........            0(0)            3(1)            0(0)            7(3)           10(4)             1,2
SC-1: Waddell Creek.....................................            0(0)          39(16)            0(0)          36(14)          75(30)             3,4
SC-2: Scott Creek.......................................            0(0)          66(27)            6(2)            2(1)          74(30)             N/A
SC-3: Laguna Creek......................................            0(0)          26(11)            0(0)            0(0)          26(11)             2,4
SC-4: Baldwin Creek.....................................            0(0)          27(11)            0(0)            0(0)          27(11)             2,4
SC-5: Moore Creek.......................................           15(6)            0(0)            0(0)            0(0)           15(6)             2,4
SC-6: Corcoran Lagoon...................................            0(0)            1(1)            6(2)           21(8)          28(11)             1,4
SC-7: Aptos Creek.......................................            0(0)            9(4)            0(0)            0(0)            9(4)           1,3,4
SC-8: Pajaro River......................................            0(0)         158(64)           11(4)          46(19)         215(87)           1,3,4
MN-1: Bennett Slough....................................            0(0)         108(44)            5(2)          54(22)         167(68)         1,2,3,4
MN-2: Salinas River.....................................         195(79)          33(13)            1(1)         237(96)        466(189)             N/A
SLO-1: Arroyo de la Cruz................................            0(0)          25(10)            0(0)            8(3)          34(13)             N/A
SLO-2: Arroyo del Corral................................            0(0)            4(2)            0(0)            1(1)            5(3)             1,5
SLO-3: Oak Knoll Creek (Arroyo Laguna)..................            0(0)            4(2)            0(0)            1(1)            5(3)             1,3
SLO-4: Little Pico Creek................................            0(0)            2(1)            0(0)            7(3)            9(4)               5
SLO-5: San Simeon Creek.................................            0(0)           17(7)            0(0)            0(0)           17(7)           2,4,5
SLO-6: Villa Creek......................................            0(0)           14(6)            0(0)            1(1)           15(7)         1,2,4,5
SLO-7: San Geronimo Creek...............................            0(0)            1(1)            0(0)            0(0)            1(1)               5
SLO-8: Toro Creek.......................................            0(0)            1(1)            0(0)            8(3)            9(4)           2,3,4
SLO-9: Los Osos Creek...................................            0(0)          62(25)            1(1)           10(4)          73(30)             N/A
SLO-10: San Luis Obispo Creek...........................            0(0)            0(0)            3(1)          28(11)          31(12)         1,2,3,4
SLO-11: Pismo Creek.....................................            0(0)           14(6)            1(1)            5(2)           20(9)           1,3,4
SLO-12: Oso Flaco Lake..................................            0(0)         165(67)            0(0)            6(2)         171(69)             N/A
SB-1: Santa Maria River.................................            0(0)            0(0)          42(17)        432(174)        474(192)         1,2,4,5
SB-2: Ca[ntilde]ada de las Agujas.......................            0(0)            0(0)            0(0)            1(1)            1(1)             1,4

[[Page 65011]]

 
SB-3: Ca[ntilde]ada de Santa Anita......................            0(0)            0(0)            0(0)            3(1)            3(1)               4
SB-4: Ca[ntilde]ada de Alegria..........................            0(0)            0(0)            0(0)            2(1)            2(1)         1,2,4,5
SB-5: Ca[ntilde]ada del Agua Caliente...................            0(0)            0(0)            0(0)            1(1)            1(1)             1,4
SB-6: Gaviota Creek.....................................            0(0)           10(4)            0(0)            1(1)           11(5)         1,3,4,5
SB-7: Arroyo Hondo......................................            0(0)            0(0)            0(0)            1(1)            1(1)             N/A
SB-8: Winchester/Bell Canyon............................            0(0)            0(0)            1(1)            5(2)            6(3)               4
SB-9: Goleta Slough.....................................            0(0)            0(0)         164(66)          26(10)         190(76)             N/A
SB-10: Arroyo Burro.....................................            0(0)            0(0)            3(1)            0(0)            3(1)             N/A
SB-11: Mission Creek-Laguna Channel.....................            0(0)            3(1)            4(2)            0(0)            7(3)           1,3,4
SB-12: Arroyo Paredon...................................            0(0)            1(1)            1(1)            2(1)            4(3)             N/A
VEN-1: Ventura River....................................            0(0)          25(10)           16(7)            9(4)          50(20)         1,2,3,4
VEN-2: Santa Clara River................................            0(0)         199(80)           14(6)         110(44)        323(130)         1,2,3,4
VEN-3: J Street Drain-Ormond Lagoon.....................            0(0)            5(2)          49(20)          67(27)         121(49)           1,3,4
VEN-4: Big Sycamore Canyon..............................            0(0)            1(1)            0(0)            0(0)            1(1)             N/A
LA-1: Arroyo Sequit.....................................            0(0)            1(1)            0(0)            0(0)            1(1)             N/A
LA-2: Zuma Canyon.......................................            0(0)            0(0)            5(2)            0(0)            5(2)             N/A
LA-3: Malibu Lagoon.....................................            0(0)          41(17)            1(1)           22(9)          64(27)         1,2,3,4
LA-4: Topanga Creek.....................................            0(0)            4(1)            0(0)            2(1)            6(2)             N/A
OR-1: Aliso Creek.......................................            0(0)            0(0)            8(3)            6(2)           14(5)             N/A
SAN-1: San Luis Rey River...............................            0(0)            3(1)          49(20)            4(2)          56(23)             N/A
                                                         -----------------------------------------------------------------------------------------------
    Total\1\............................................      1,249(506)    6,501(2,636)      1,501(611)    2,906(1,177)   12,157(4,920)  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.
\1\Area estimates in ac (ha) reflect the entire area within the proposed revised critical habitat unit boundaries. Area estimates are rounded to the
  nearest whole integer that is equal to or greater than 1.
\2\ Codes of known threats that may require special management considerations or protection of the essential physical or biological features are as
  follows:
1. Coastal development projects that result in the loss or alteration of coastal wetland habitat affecting the PCE 1a, 1b, or 1c.
2. Water diversions, alterations of water flows, and groundwater overdrafting upstream of coastal lagoons and estuaries that negatively impact the
  species' breeding and foraging activities and the PCE 1a, or 1b.
3. Channelization of habitats where the species occurs affecting the PCE 1a, 1b, or 1c.
4. Non-point and point source pollution or discharge of agricultural and sewage effluents that are likely to impact the species' health or breeding and
  foraging activities and the PCE.
5. Cattle grazing that results in increased sedimentation of coastal lagoons and riparian habitats, removes vegetative cover, increases ambient water
  temperatures, and eliminates plunge pools and undercut banks utilized by tidewater goby affecting the PCE. N/A--Not applicable because location is
  outside the geographical area occupied by the species at the time of listing.

    We present brief descriptions of all units, and reasons why they 
meet the definition of critical habitat for tidewater goby, below. The 
first two or three letters in the code for each proposed revised 
critical habitat unit description reflect the county where the unit 
occurs: DN = Del Norte, HUM = Humboldt, MEN = Mendocino, SON = Sonoma, 
MAR = Marin, SM = San Mateo, SC = Santa Cruz, MN = Monterey, SLO = San 
Luis Obispo, SB = Santa Barbara, VEN = Ventura, LA = Los Angeles, OR = 
Orange, and SAN = San Diego. In Tables 1-3 above, these units are 
listed in sequential order from north to south. For the purposes of 
this document, the term ``local ownership'' refers to land owned or 
managed by a city, county, or municipal government entity.

DN-1: Tillas Slough (21 ac (8 ha))

    This unit is located in Del Norte County, approximately 3.0 mi (4.8 
km) west of the community of Smith River. The unit encompasses 
approximately 21 ac (8.0 ha), and consists entirely of private lands. 
DN-1 is located 8.0 mi (12.8 km) north of Lake Earl/Lake Tolowa (DN-2), 
which is also the next nearest extant population. DN-1 was occupied at 
the time of listing. This unit has the northernmost tidewater goby 
population rangewide. DN-1 will support the recovery of the tidewater 
goby population along this portion of the coast. This unit is important 
for maintaining the tidewater goby metapopulation in the region, and 
may play an important role in dispersal northwards and extending the 
range of the tidewater goby. This could prove critical if certain 
factors, such as climate change, adversely impact the tidewater goby 
habitat locally or to the south. A culvert that serves as a grade 
control structure, which mutes the tide cycle, provides relatively 
stable water levels in this unit (PCE 1c). PCE 1a and 1b occur 
throughout the unit, although their precise location during any 
particular time period may change in response to seasonal fluctuations 
in precipitation and tidal inundation. The physical or biological 
features essential to the conservation of the species in this unit may 
require special management considerations or protection to address 
threats described in Table 3. Please see Special Management 
Considerations or Protection section of this rule for a discussion of 
the threats to tidewater

[[Page 65012]]

goby habitat and potential management considerations.

DN-2: Lake Earl/Lake Tolowa (2,683 ac (1,086 ha))

    This unit is located in Del Norte County, approximately 3 mi (4.8 
km) north of the town of Crescent City. The unit encompasses 
approximately 2,683 ac (1,086 ha), and consists of 2,335 ac (945 ha) of 
State lands and 348 ac (140 ha) of private lands. This unit includes 
two contiguous lagoons (Lake Tolowa and Lake Earl), referred to 
collectively as Lake Earl. DN-2 is located 8.0 mi (12.8 km) south of 
(DN-1), which is also the nearest extant population. DN-2 was occupied 
at the time of listing. The tidewater goby population in this unit is 
likely a source population for this region, and is therefore important 
for maintaining the metapopulation in this region.
    DN-2 is representative of extensive coastal lagoons and bays north 
of Cape Mendocino formed over uplifting Holocene sediments on broad 
flat coastal benches. These coastal benches include an intricate 
network of estuaries and other channels that are features essential to 
the conservation of the tidewater goby because they provide refugia 
during seasonal floods and breeding habitat through the full range of 
drought cycles. The water level and salinity within the lagoon varies 
seasonally and annually in response to: (a) Periods of high 
precipitation or drought within its watershed; (b) the timing, 
duration, and frequency of breaching events; (c) the water level in the 
lagoon at the time of breaching; and (d) ocean tidal cycles during and 
immediately following a breach. As a result of natural and human-
induced environmental changes, maximum water depth within Lake Earl/
Lake Tolowa varies during an annual cycle from less than 5 ft (1.5 m) 
deep to more than 10 ft (3 m) deep. The distribution of tidewater goby 
and the PCE within Lake Earl/Lake Tolowa changes in response to these 
dynamic short-term habitat conditions; over a multi-year cycle, 
tidewater goby may persist and breed anywhere within the lagoon.
    On an intermittent basis, DN-2 possesses a sandbar across the mouth 
of the lagoon or estuary during the majority of the late spring, 
summer, and fall that closes or partially closes the lagoon or estuary, 
and thereby provides relatively stable conditions during those times 
(PCE 1c). PCE 1a and 1b occur throughout the unit, although their 
precise location during any particular time period may change in 
response to seasonal fluctuations in precipitation and tidal 
inundation. The physical or biological features essential to the 
conservation of the species in this unit may require special management 
considerations or protection to address threats described in Table 3. 
Please see Special Management Considerations or Protection section of 
this rule for a discussion of the threats to tidewater goby habitat and 
potential management considerations.

HUM-1: Stone Lagoon (653 ac (264 ha))

    This unit is located in Humboldt County, approximately 11 mi (18 
km) north of the City of Trinidad. The unit encompasses approximately 
653 ac (264 ha), and consists entirely of State lands. HUM-1 is located 
3.1 mi (5.0 km) north of Big Lagoon (HUM-2), which is also the nearest 
extant population. HUM-1 was occupied at the time of listing. The 
tidewater goby population in this unit is likely a source population 
for this region, and is therefore important for maintaining the 
metapopulation in this region. HUM-1 will also support the recovery of 
tidewater goby populations along this portion of the coast.
    Of special concern is the threat to Stone Lagoon from the potential 
for accidental introduction of New Zealand mud snails (NZMS; 
Potamopyrgus antipodarum) from nearby Big Lagoon (HUM-2) and Freshwater 
Lagoon (not proposed as critical habitat), which are currently infested 
with NZMS. NZMS have spread throughout the western United States since 
becoming established in Idaho and Montana approximately 25 years ago. 
Once in a new habitat, NZMS typically have explosive population growth. 
Their large population numbers can drastically alter natural ecosystems 
with the NZMS competing with native species. Recreational fishing and 
boating occurs at Stone, Big, and Freshwater Lagoons. Introduction of 
NZMS to Stone Lagoon is likely to occur through foot traffic and boat 
launching from the two infested lagoons. Additional threats include the 
accidental introduction of other exotic aquatic species from outside 
the local area, including quagga mussels (Dreissena rostriformis) and 
zebra mussels (Dreissena polymorpha), which may also drastically alter 
the natural ecosystem of Stone Lagoon.
    On an intermittent basis, HUM-1 possesses a sandbar across the 
mouth of the lagoon or estuary during the majority of the late spring, 
summer, and fall that closes or partially closes the lagoon or estuary, 
and thereby provides relatively stable conditions (PCE 1c). PCE 1a and 
1b occur throughout the unit, although their precise location during 
any particular time period may change in response to seasonal 
fluctuations in precipitation and tidal inundation. The physical or 
biological features essential to the conservation of the species in 
this unit may require special management considerations or protection 
to address threats described in Table 3. Please see Special Management 
Considerations or Protection section of this rule for a discussion of 
the threats to tidewater goby habitat and potential management 
considerations.

HUM-2: Big Lagoon (1,529 ac (619 ha))

    This unit is located in Humboldt County, approximately 7 mi (11 km) 
north of the City of Trinidad. The unit encompasses approximately 1,529 
ac (619 ha), and consists of 1,527 ac (618 ha) of State lands and 2 ac 
(1 ha) of private lands. HUM-2 is located 3.1 mi (5.0 km) south of 
Stone Lagoon (HUM-1), which is also the nearest extant population. HUM-
2 was occupied at the time of listing. The tidewater goby population in 
this unit is likely a source population for this region, and is 
therefore important for maintaining the metapopulation in this region. 
HUM-2 will also support the recovery of tidewater goby populations 
along this portion of the coast.
    Mark and recapture surveys for tidewater goby were conducted by 
Humboldt State University in a large cove near the State Park boat ramp 
in Big Lagoon during the fall of 2008, 2009, and 2010, to estimate the 
minimum tidewater goby population for each year (Kinziger, pers. comm. 
2010). Results indicate that, in 2008, the tidewater goby population 
was approximately 21,000 individuals. In 2009, the population was 
approximately 1.7 to 3.4 million individuals in the cove. In 2010, the 
population was approximately 30,000 individuals in the same cove. Based 
on the results of this research, which estimated that the population 
fluctuated between 21,000 and 1.7-3.4 million individuals, and the 
relatively large size of the lagoon, Big Lagoon likely has the largest 
and most robust tidewater goby population in northern California. The 
results of the study also reflect how variable tidewater goby 
population numbers can be from year to year in a given location.
    On an intermittent basis, HUM-2 possesses a sandbar across the 
mouth of the lagoon or estuary during the majority of the late spring, 
summer, and fall that closes or partially closes the lagoon or estuary, 
and thereby provides relatively stable conditions during those times 
(PCE 1c). PCE 1a and 1b occur throughout the unit, although their 
precise location during any particular

[[Page 65013]]

time period may change in response to seasonal fluctuations in 
precipitation and tidal inundation. The physical or biological features 
essential to the conservation of the species in this unit may require 
special management considerations or protection to address threats 
described in Table 3. Please see Special Management Considerations or 
Protection section of this rule for a discussion of the threats to 
tidewater goby habitat and potential management considerations.

HUM-3: Humboldt Bay (839 ac (339 ha))

    This unit is located in Humboldt County, within an approximate 8-mi 
(13-km) radius to the north, south, and east of the City of Eureka. The 
unit encompasses approximately 839 ac (339 ha), and consists of 652 ac 
(264 ha) of Federal lands, 61 ac (24 ha) of State lands, 45 ac (18 ha) 
of local lands, and 81 ac (33 ha) of private lands. HUM-3 is located 
18.4 mi (29.7 km) north of the Eel River (HUM-4), which is also the 
nearest extant population. HUM-3 was occupied at the time of listing. 
The tidewater goby population in this unit is likely a source 
population for this region, and is therefore important for maintaining 
the metapopulation in this region. HUM-3 will also support the recovery 
of tidewater goby populations along this portion of the coast. This 
population may provide essential demographic and genetic support to 
HUM-4, especially after periods of extreme floods, for example, after 
the 1964 ``Christmas Flood'', when the population of tidewater goby at 
the Eel River estuary may have been extirpated.
    Humboldt Bay and its adjacent marshes and estuaries are a complex 
mixture of natural and human-made aquatic features that have 
experienced many decades of human-induced changes. These changes 
include the construction of levees, tidegates, culverts, and other 
water control structures, and extensive dredging of sandbars. 
Surrounding the bay itself is a generally broad bench historically 
dominated by mudflats, tidal marshes, estuarine channels, and brackish 
marshes. Substantial portions of these habitats were converted to 
agricultural, urban, and industrial uses in recent history, resulting 
in the loss of as much as 10,000 ac (4,047 ha) of potentially suitable 
tidewater goby habitat. This critical habitat unit consists of a 
complex of interconnected estuary channels and human-made structures 
along the eastern edge of Humboldt Bay, which collectively mimic, on a 
much reduced scale, habitats largely lost through past management 
practices. Many of these channels and marshes are themselves the result 
of changes to historical habitats, and depend on specific, yet 
generally undocumented, management activities, such as dredging or 
sandbar breaches, for their continued function.
    To address the dynamic variability of these habitats resulting from 
seasonal and inter-annual precipitation differences, we have included 
both the actual known locations where tidewater goby have been 
documented, as well as portions of those channels contiguous to, 
upchannel or downchannel, occupied habitat. We have not proposed 
Humboldt Bay proper in critical habitat, nor have we proposed major 
channels substantially subject to daily tidal fluctuations, as 
tidewater goby are not known to breed there. Similarly, we have not 
proposed channels that are discontiguous with occupied habitat, nor 
have we included intervening marsh or agricultural lands that may 
occasionally be flooded during severe winter storm events.
    Based on several recent surveys, we have found that the precise 
locations of tidewater goby use within the channel complex during any 
particular year may change in response to variations in precipitation 
and channel hydrology. We anticipate that the persistence of the 
tidewater goby source population within this unit may require 
protection of lagoons and estuaries that are not occupied every year, 
but collectively support a source population through an interconnected 
complex of channels and shallow water habitats. That is, any of the 
several known occupied locations within a channel complex may be used 
by tidewater goby during various years in response to dynamic habitat 
conditions during seasonal, annual, and longer term climatic cycles, 
such as drought. Recently, significant restoration efforts directed 
primarily at salmonid recovery have occurred, or are anticipated to 
occur, within areas proposed as critical habitat. The effects of these 
salmonid restoration efforts to tidewater goby are unknown, and will 
likely vary with their design features and location.
    PCE 1c (a sandbar(s) across the mouth of a lagoon or estuary) is 
not likely to occur within this unit because a navigable, dredged 
channel with a permanent open connection to the ocean is maintained on 
a regular basis. PCE 1a and 1b occur throughout the unit, although 
their precise location during any particular time period may change in 
response to seasonal fluctuations in precipitation and tidal 
inundation. The physical or biological features essential to the 
conservation of the species in this unit may require special management 
considerations or protection to address threats described in Table 3. 
Please see Special Management Considerations or Protection section of 
this rule for a discussion of the threats to tidewater goby habitat and 
potential management considerations.

HUM-4: Eel River (39 ac (15 ha))

    This unit is located in Humboldt County, approximately 4.0 mi (6.5 
ha) northwest of the City of Ferndale. The unit consists of two 
subunits, totaling 5 ac (2 ha) of State lands and 34 ac (13 ha) of 
private lands. Both subunits are outside the geographical area occupied 
by the species at the time of listing but are now occupied. The Eel 
River estuary is similar to Humboldt Bay (HUM-3) in that tidewater goby 
populations have been found in isolated populations in severely and 
artificially fragmented habitats, which are often found behind 
tidegates, culverts, and other man-made structures. In Humboldt Bay 
(HUM-3), McCraney et al. (2010, p. 3315) found that artificial 
fragmentation reduced dispersal and gene flow in these populations. The 
same may be true for the Eel River estuary populations with isolated 
populations that are genetically distinct from each other. Therefore, 
until additional information is available regarding population 
genetics, distribution, and other parameters, we recommend that these 
two areas, the Eel River North Area (Subunit-4a) and the Eel River 
South Area (Subunit-4b), be considered distinct from each other. 
Artificially fragmented habitats in the Eel River estuary may have 
genetically isolated or weakened populations of tidewater goby, as has 
been identified in Humboldt Bay (HUM-3) (McCraney et al. 2010, p. 
3315). Current and proposed estuarine restoration projects in the Eel 
River estuary may improve dispersal of tidewater goby, increase genetic 
diversity, and aid in recovery of the species in these locations as 
well.

Subunit-4a (Eel River North Area)

    Subunit-4a encompasses approximately 16 ac (6 ha), and consists of 
5 ac (2 ha) of State lands and 11 ac (4 ha) of private lands. Subunit-
4a is located 18.4 mi (29.7 km) south of Humboldt Bay (HUM-3), which is 
also the nearest extant population. This subunit is essential for the 
conservation of the species because it possesses ecological 
characteristics that are important in maintaining the species' ability 
to adapt to changing environments, including the ability to disperse 
into higher channels and marsh habitat during severe flood events. The

[[Page 65014]]

Eel River delta includes a large, complex estuary with a network of 
diked and natural slough channels with suitable tidewater goby habitat. 
The Eel River delta contains many small unsurveyed slough channels and 
other backwater areas that provide suitable habitat for tidewater goby, 
but it also contains larger channels open to direct tidal influence 
that do not provide suitable habitat and are not included in this 
subunit. This subunit consists of backwater channels and immediately 
adjacent marsh contiguous to the known occupied habitat.
    This unit is subject to infrequent, yet severe, flooding from the 
nearby Eel River proper. The major flood event of 1964 (``Christmas 
Flood''), and other major floods during the past century, may have 
severely altered habitat in most channels, including those currently 
occupied. Tidewater goby may have survived the flood and resulting loss 
of habitat in the refugia provided in upper channels and swales. 
Alternatively, the species may have been extirpated at the Eel River 
delta during those severe events, and become reestablished through 
recolonization by individuals from Humboldt Bay populations (HUM-3). Of 
particular importance, the Eel River location is at the north end of 
one of the largest natural geographic gaps in the tidewater goby's 
geographic range. The gap extends to the Ten Mile River (Mendocino 
County) to the south, representing a coastline distance in excess of 
135 mi (217 km).
    Although no tidewater goby surveys are known to have occurred in 
the Eel River estuary prior to listing, we considered this area to be 
unoccupied by the species until the Service discovered a new population 
of tidewater goby in the Eel River estuary during surveys in 2004 
(Goldsmith 2006b, p. 1). Although Subunit-4a was not considered 
occupied at the time of listing, it does possess the PCE that could 
support tidewater goby. On an intermittent basis, Subunit-4a possesses 
a sandbar across the mouth of the lagoon or estuary during the majority 
of the late spring, summer, and fall that closes or partially closes 
the lagoon or estuary, and thereby provides relatively stable 
conditions (PCE 1c). PCE 1a and 1b occur throughout the unit, although 
their precise location during any particular time period may change in 
response to seasonal fluctuations in precipitation and tidal 
inundation.

Subunit-4b (Eel River South Area)

    Subunit-4b encompasses approximately 23 ac (9 ha), and consists 
entirely of private lands. Subunit-4b is located 18.4 mi (29.7 km) 
south of Humboldt Bay (HUM-3), which is also the nearest extant 
population. This subunit is essential for the conservation of the 
species because it possesses ecological characteristics that are 
important in maintaining the species' ability to adapt to changing 
environments, including the ability to disperse into higher channels 
and marsh habitat during severe flood events. The Southern Eel River 
delta includes a large complex estuary with a network of diked and 
natural slough channels, and other backwater areas that provide 
suitable habitat for tidewater goby. It also contains larger channels 
open to direct tidal influence that do not provide suitable habitat and 
are not included in this unit. This unit consists of backwater channels 
and immediately adjacent marsh contiguous to the known occupied 
habitat.
    This unit is subject to infrequent, yet severe, flooding from the 
nearby Eel River proper. The major flood event of 1964 (``Christmas 
Flood''), and other major floods during the past century, may have 
severely altered habitat in most channels, including those currently 
occupied. Tidewater goby may have survived the flood and resulting loss 
of habitat in the refugia provided in upper channels and swales. 
Alternatively, the species may have been extirpated at the Eel River 
delta during those severe events, and become reestablished through 
recolonization by individuals from Humboldt Bay populations (HUM-3). Of 
particular importance, the Eel River location is at the north end of 
one of the largest natural geographic gaps in the tidewater goby's 
geographic range. The gap extends to the Ten Mile River (Mendocino 
County) to the south, representing a coastline distance in excess of 
135 mi (217 km).
    Although no tidewater goby surveys are known to have occurred in 
the Eel River estuary prior to listing, we considered this area to be 
unoccupied by the species until the Service discovered a new population 
of tidewater goby in the Eel River estuary during surveys in 2004 
(Goldsmith 2006b, p. 1). Although Subunit-4b was not considered 
occupied at the time of listing, it does possess the PCE that could 
support tidewater goby. On an intermittent basis, Subunit-4b possesses 
a sandbar across the mouth of the lagoon or estuary during the majority 
of the late spring, summer, and fall that closes or partially closes 
the lagoon or estuary, and thereby provides relatively stable 
conditions (PCE 1c). PCE 1a and 1b occur throughout the unit, although 
their precise location during any particular time period may change in 
response to seasonal fluctuations in precipitation and tidal 
inundation.

MEN-1: Ten Mile River (73 ac (30 ha))

    This unit is located in Mendocino County, approximately 9.0 mi 
(14.5 km) north of the Town of Fort Bragg. The unit encompasses 
approximately 73 ac (30 ha), and consists of 17 ac (7 ha) of State 
lands and 56 ac (23 ha) of private lands. MEN-1 is located 5.6 mi (8.9 
km) north of the Virgin Creek (MEN-2), which is also the nearest extant 
population. MEN-1 was occupied by tidewater goby at the time of 
listing. The tidewater goby population in this unit is likely a source 
population for this region, and is therefore important for maintaining 
the metapopulation in this region. Furthermore, this unit is the 
largest block of habitat along the coast of Mendocino County, and is 
the first location on the southern end of one of the longest stretches 
of unsuitable habitat in the species' range (previously described under 
HUM-4). Thus, this unit is important to connect populations within 
Mendocino County. South of Ten Mile River, only three other small 
isolated locations (MEN-2, 3, 4) occupied by tidewater goby are known 
to exist across the more than 100 miles of rugged coastline between 
MEN-1 and SON-1 in south coastal Sonoma County.
    On an intermittent basis, MEN-1 possesses a sandbar across the 
mouth of the lagoon or estuary during the late spring, summer, and fall 
that closes or partially closes the lagoon or estuary, and thereby 
provides relatively stable conditions (PCE 1c). PCE 1a and 1b occur 
throughout the unit, although their precise location during any 
particular time period may change in response to seasonal fluctuations 
in precipitation and tidal inundation. The physical or biological 
features essential to the conservation of the species in this unit may 
require special management considerations or protection to address 
threats described in Table 3. Please see Special Management 
Considerations or Protection section of this rule for a discussion of 
the threats to tidewater goby habitat and potential management 
considerations.

MEN-2: Virgin Creek (4 ac (2 ha))

    This unit is located in Mendocino County, approximately 3.5 mi (5.6 
km) north of the Town of Fort Bragg. The unit encompasses approximately 
4 ac (2 ha), and consists of 2 ac (1 ha) of State lands and 2 ac (1 ha) 
of private lands. MEN-2 is located 1.2 mi (2.0 km) north of Pudding 
Creek (MEN-3), which is also the nearest extant population. MEN-2 was 
occupied by tidewater goby

[[Page 65015]]

at the time of listing. The tidewater goby population in this unit is 
likely a source population for this region, and is therefore important 
for maintaining the metapopulation in this region. On an intermittent 
basis, MEN-2 possesses a sandbar across the mouth of the lagoon or 
estuary during the late spring, summer, and fall that closes or 
partially closes the lagoon or estuary, and thereby provides relatively 
stable conditions (PCE 1c). PCE 1a and 1b occur throughout the unit, 
although their precise location during any particular time period may 
change in response to seasonal fluctuations in precipitation and tidal 
inundation. The physical or biological features essential to the 
conservation of the species in this unit may require special management 
considerations or protection to address threats described in Table 3. 
Please see Special Management Considerations or Protection section of 
this rule for a discussion of the threats to tidewater goby habitat and 
potential management considerations.

MEN-3: Pudding Creek (17 ac (7 ha))

    This unit is located in Mendocino County, approximately 2.5 mi (4.0 
km) north of the town of Fort Bragg. The unit encompasses approximately 
17 ac (7 ha), and consists of 10 ac (4 ha) of State lands, 1 ac (1 ha) 
of local lands, and 6 ac (2 ha) of private lands. MEN-3 is located 1.2 
mi (2.0 km) south of Virgin Creek (MEN-2), which is also the nearest 
extant population. MEN-3 was occupied by the tidewater goby at the time 
of listing. This unit allows for connectivity between tidewater goby 
source populations, and thereby supports gene flow and metapopulation 
dynamics in this region. On an intermittent basis, MEN-3 possesses a 
sandbar across the mouth of the lagoon or estuary during the late 
spring, summer, and fall that closes or partially closes the lagoon or 
estuary, and thereby provides relatively stable conditions (PCE 1c). 
PCE 1a and 1b occur throughout the unit, although their precise 
location during any particular time period may change in response to 
seasonal fluctuations in precipitation and tidal inundation. The 
physical or biological features essential to the conservation of the 
species in this unit may require special management considerations or 
protection to address threats described in Table 3. Please see Special 
Management Considerations or Protection section of this rule for a 
discussion of the threats to tidewater goby habitat and potential 
management considerations.

MEN-4: Davis Lake and Manchester State Park Ponds (29 ac (12 ha))

    This unit is located in Mendocino County, approximately 1.2 mi (1.9 
ha) west of the community of Manchester. The unit encompasses 
approximately 29 ac (12 ha), and consists entirely of State lands. MEN-
4 is located 32.4 mi (52.2 km) south of Pudding Creek (MEN-3), which is 
also the nearest extant population. MEN-4 was occupied by tidewater 
goby at the time of listing. The tidewater goby population in this unit 
is likely a source population for this region, and is therefore 
important for maintaining the metapopulation in this region. On an 
intermittent basis, MEN-4 possesses a sandbar across the mouth of the 
lagoon or estuary during the late spring, summer, and fall that closes 
or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation. The physical or biological features essential to 
the conservation of the species in this unit may require special 
management considerations or protection to address threats described in 
Table 3. Please see Special Management Considerations or Protection 
section of this rule for a discussion of the threats to tidewater goby 
habitat and potential management considerations.

SON-1: Salmon Creek (108 ac (44 ha))

    This unit is located in Sonoma County, approximately 7 mi (11.3 km) 
south of the community of Jenner. The unit encompasses approximately 
108 ac (44 ha), and consists of 47 ac (19 ha) of State lands, 14 ac (6 
ha) local lands, and 47 ac (19 ha) of private lands. SON-1 is located 
5.3 mi (8.5 km) north of the Estero Americano unit (MAR-1), which is 
also the nearest extant population. SON-1 was occupied by tidewater 
goby at the time of listing. The geological feature known as Bodega 
Head separates Salmon Creek and Estero Americano, and could reduce the 
exchange of tidewater goby between these two locations. The tidewater 
goby population in this unit is likely a source population for this 
region, and is therefore important for maintaining the metapopulation 
in this region. This critical habitat unit provides habitat for a 
tidewater goby population that is important to the conservation of one 
of the genetically distinct recovery units as described in the Recovery 
Plan (Dawson et al. 2001, p. 1172). Maintaining this unit will reduce 
the chance of losing the tidewater goby along this portion of the 
coast, and help conserve genetic diversity within the species.
    On an intermittent basis, SON-1 possesses a sandbar across the 
mouth of the lagoon or estuary during the late spring, summer, and fall 
that closes or partially closes the lagoon or estuary, and thereby 
provides relatively stable conditions (PCE 1c). PCE 1a and 1b occur 
throughout the unit, although their precise location during any 
particular time period may change in response to seasonal fluctuations 
in precipitation and tidal inundation. The physical or biological 
features essential to the conservation of the species in this unit may 
require special management considerations or protection to address 
threats described in Table 3. Please see Special Management 
Considerations or Protection section of this rule for a discussion of 
the threats to tidewater goby habitat and potential management 
considerations.

MAR-1: Estero Americano (465 ac (188 ha))

    This unit is located in Marin County, approximately 3.5 mi (5.7 km) 
south of Bodega Bay. The unit encompasses approximately 465 ac (188 
ha), and consists entirely of private lands. MAR-1 is located 2.2 mi 
(3.5 km) north of the Estero de San Antonio (MAR-2), which is also the 
nearest extant population. MAR-1 was occupied by tidewater goby at the 
time of listing. The tidewater goby population in this unit is likely a 
source population for this region, and is therefore important for 
maintaining the metapopulation in this region. Maintaining this unit 
will reduce the chance of losing the tidewater goby along this portion 
of the coast. On an intermittent basis, MAR-1 possesses a sandbar 
across the mouth of the lagoon or estuary during the late spring, 
summer, and fall that closes or partially closes the lagoon or estuary, 
and thereby provides relatively stable conditions (PCE 1c). PCE 1a and 
1b occur throughout the unit, although their precise location during 
any particular time period may change in response to seasonal 
fluctuations in precipitation and tidal inundation. The physical or 
biological features essential to the conservation of the species in 
this unit may require special management considerations or protection 
to address threats described in Table 3. Please see Special Management 
Considerations or Protection section of this rule for a discussion of 
the threats to tidewater goby habitat and potential management 
considerations.

[[Page 65016]]

MAR-2: Estero de San Antonio (285 ac (115 ha))

    This unit is located in Marin County, approximately 5.6 mi (9 km) 
south of Bodega Bay. The unit encompasses approximately 285 ac (115 
ha), and consists entirely of private lands. MAR-2 is located 2.2 mi 
(3.5 km) south of the Estero Americano (MAR-1), which is also the 
nearest extant population. MAR-2 was occupied by tidewater goby at the 
time of listing. This critical habitat unit supports a source 
population of tidewater goby that likely provides individuals that are 
recruited into surrounding subpopulations. Given the close proximity of 
the MAR-1 and MAR-2 units and the dispersal capabilities of tidewater 
goby, it is likely that the two populations have exchanged individuals 
in the past and will continue to exchange individuals in the future. 
Exchange between these populations would bolster the continued 
sustainable existence of the two populations which will, together with 
unit SON-1, provide for natural colonization of available, but 
currently unoccupied, estuaries within the region south of the Russian 
River and north of Point Reyes. This critical habitat unit provides 
habitat for a tidewater goby population that is important to the 
conservation of one of the genetically distinct recovery units as 
described in the Recovery Plan (Dawson et al. 2001, p. 1172). 
Maintaining this unit will reduce the chance of losing the tidewater 
goby along this portion of the coast, and help conserve genetic 
diversity within the species.
    On an intermittent basis, MAR-2 possesses a sandbar across the 
mouth of the lagoon or estuary during the late spring, summer, and fall 
that closes or partially closes the lagoon or estuary, and thereby 
provides relatively stable conditions (PCE 1c). PCE 1a and 1b occur 
throughout the unit, although their precise location during any 
particular time period may change in response to seasonal fluctuations 
in precipitation and tidal inundation. The physical or biological 
features essential to the conservation of the species in this unit may 
require special management considerations or protection to address 
threats described in Table 3. Please see Special Management 
Considerations or Protection section of this rule for a discussion of 
the threats to tidewater goby habitat and potential management 
considerations.

MAR-3: Walker Creek (118 ac (48 ha))

    This unit is located in Marin County, approximately 2.5 mi (4 km) 
southwest of the Town of Tomales. The unit encompasses approximately 
118 ac (48 ha) and consists of 9 ac (4 ha) of State lands and 109 ac 
(44 ha) of private lands. MAR-3 is located 4.6 mi (7.4 km) southeast of 
the Estero de San Antonio unit (MAR-2), which is also the nearest 
extant population. This unit is outside the geographical area occupied 
by the species at the time of listing and is not known to be currently 
occupied. However, tidewater goby were collected at Walker Creek in 
1897, but were not found in sampling efforts conducted in 1996 or 1999 
(Service 2005, p. C-8). This unit is identified in the Recovery Plan as 
a potential reintroduction site, and could provide habitat for 
maintaining the tidewater goby metapopulation in the region. MAR-3 is 
essential for the conservation of the species because establishing a 
tidewater goby population in this unit will support the recovery of the 
tidewater goby population along this portion of the coast and help 
facilitate colonization of currently unoccupied locations. Although 
MAR-3 is not currently occupied, it does possess the PCE that could 
support tidewater goby. However, PCE 1a and 1b occur throughout the 
unit, although their precise location during any particular time period 
may change in response to seasonal fluctuations in precipitation and 
tidal inundation.

MAR-4: Lagunitas (Papermill) Creek (998 ac (405 ha))

    This unit is located in Marin County, approximately 20.5 mi (33 km) 
south of Bodega Bay. The unit encompasses approximately 998 ac (405 
ha), and consists of 318 ac (129 ha) of Federal lands, 459 ac (186 ha) 
of State lands, and 221 ac (90 ha) of private lands. MAR-4 is located 
15.5 mi (25.0 km) south of the Estero de San Antonio unit (MAR-2), 
which is also the nearest extant population. Records indicate tidewater 
goby occurred at this location historically. This unit is outside the 
geographical area occupied by the species at the time of listing, but 
recent surveys have confirmed that the unit is currently occupied. This 
unit is essential for the conservation of the species because it is the 
only known location of the tidewater goby to remain within the greater 
Tomales Bay area. Without this subpopulation, there would be no source 
population within dispersal distance of Tomales Bay to maintain the 
metapopulation dynamics of populations within the area. Thus, if 
allowed to establish a robust population, the unit could support an 
important source population for future colonization or introductions to 
other habitats within Tomales Bay. Although MAR-4 was not considered 
occupied at the time of listing, it does possess the PCE that could 
support tidewater goby. We do not have information that confirms that 
PCE 1c (a sandbar(s) across the mouth of the lagoon or estuary) is 
present within this unit on at least an intermittent basis. However, 
PCE 1a and 1b occur throughout the unit, although their precise 
location during any particular time period may change in response to 
seasonal fluctuations in precipitation and tidal inundation.

MAR-5: Bolinas Lagoon (1,114 ac (451 ha))

    This unit is located in Marin County, approximately 0.5 mi (0.81 
km) east of the community of Bolinas. The unit encompasses 
approximately 1,114 ac (451 ha), and consists of 29 ac (12 ha) of 
Federal Lands, 1,048 ac (424 ha) of local lands, and 37 ac (15 ha) of 
private lands. MAR-5 is located 9.4 mi (15.1 km) northwest of the Rodeo 
Lagoon unit (MAR-6), which is also the nearest extant population. This 
unit is outside the geographical area occupied by the species at the 
time of listing, is not known to be currently occupied, and there are 
no historical tidewater goby records for this location. However, this 
unit is essential for the conservation of the species because it 
provides habitat to nearby occupied units and is identified in the 
Recovery Plan as a potential introduction site, and could provide 
habitat for maintaining tidewater goby metapopulations in the region. 
If a tidewater goby population is established in this unit, MAR-5 unit 
will support the recovery of the tidewater goby population along this 
portion of the coast and help facilitate colonization of currently 
unoccupied locations. Although MAR-5 is not currently occupied, it does 
possess the PCE that could support tidewater goby. We do not have 
information that confirms that PCE 1c (a sandbar(s) across the mouth of 
the lagoon or estuary) is present within this unit on at least an 
intermittent basis. However, PCE 1a and 1b occur throughout the unit, 
although their precise location during any particular time period may 
change in response to seasonal fluctuations in precipitation and tidal 
inundation.

MAR-6: Rodeo Lagoon (40 ac (16 ha))

    This unit is located in Marin County, approximately 3.8 mi (6 km) 
north of San Francisco. The unit encompasses approximately 40 ac (16 
ha), and consists entirely of Federal lands. MAR-6 is located 9.4 mi 
(15.1 km) south of Bolinas Lagoon (MAR-5), and is

[[Page 65017]]

separated from the nearest extant population to the south, San Gregorio 
Creek (SM-1), by 36 mi (58 km). MAR-6 was occupied by tidewater goby at 
the time of listing. MAR-6 is the only known location where the 
tidewater goby remains within the greater Bay Area. This critical 
habitat unit provides habitat for a tidewater goby population that is 
important to the conservation of one of the genetically distinct 
recovery units as described in the Recovery Plan (Dawson et al. 2001, 
p. 1172). It also provides habitat for a population of tidewater goby 
that could disperse to other adjoining habitats. Maintaining this unit 
will reduce the chance of losing the tidewater goby along this portion 
of the coast, and help conserve genetic diversity within the species.
    On an intermittent basis, MAR-6 possesses a sandbar across the 
mouth of the lagoon or estuary during the late spring, summer, and fall 
that closes or partially closes the lagoon or estuary, and thereby 
provides relatively stable conditions (PCE 1c). PCE 1a and 1b occur 
throughout the unit, although their precise location during any 
particular time period may change in response to seasonal fluctuations 
in precipitation and tidal inundation. The physical or biological 
features essential to the conservation of the species in this unit may 
require special management considerations or protection to address 
threats described in Table 3. Please see Special Management 
Considerations or Protection section of this rule for a discussion of 
the threats to tidewater goby habitat and potential management 
considerations.

SM-1: San Gregorio Creek (45 ac (18 ha))

    This unit is located in San Mateo County, approximately 28 mi (45 
km) south of the San Francisco-San Mateo County line. The unit 
encompasses approximately 45 ac (18 ha), and consists of 33 ac (13 ha) 
of State lands and 12 ac (5 ha) of private lands. SM-1 is located 1.5 
mi (2.4 km) north of Pomponio Creek (SM-2), and is separated from the 
nearest extant population to the south, Pescadero-Butano Creek (SM-3), 
by 3.8 mi (6.1 km). SM-1 was occupied by tidewater goby at the time of 
listing. The tidewater goby population in this unit is likely a source 
population for this region, and is therefore important for maintaining 
the metapopulation in this region. This critical habitat unit provides 
habitat for a tidewater goby population that is important to the 
conservation of one of the genetically distinct recovery units as 
described in the Recovery Plan (Dawson et al. 2001, p. 1172). This unit 
is noted for high densities of tidewater goby (Swenson 1993, p. 3).
    On an intermittent basis, SM-1 possesses a sandbar across the mouth 
of the lagoon or estuary during the late spring, summer, and fall that 
closes or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation. The physical or biological features essential to 
the conservation of the species in this unit may require special 
management considerations or protection to address threats described in 
Table 3. Please see Special Management Considerations or Protection 
section of this rule for a discussion of the threats to tidewater goby 
habitat and potential management considerations.

SM-2: Pomponio Creek (7 ac (3 ha))

    This unit is located in San Mateo County, approximately 3.5 mi (5.6 
km) north of the community of Pescadero. The unit encompasses 
approximately 7 ac (3 ha), and consists of 1 ac (1 ha) of State lands 
and 6 ac (2 ha) of private lands. SM-2 is located 1.5 mi (2.4 km) south 
of the San Gregorio Creek unit (SM-1), which is also the nearest extant 
population. This unit is outside the geographical area occupied by the 
species at the time of listing, is not known to be currently occupied, 
and there are no historical tidewater goby records for this location. 
However, this unit is essential for the conservation of the species 
because it provides habitat to nearby occupied units and is identified 
in the Recovery Plan as a potential introduction site, and could 
provide habitat for maintaining the tidewater goby metapopulation in 
the region. If a tidewater goby population is established in this unit, 
SM-2 unit will support the recovery of the tidewater goby population 
along this portion of the coast, and will help facilitate tidewater 
goby distribution between populations and colonization of currently 
unoccupied locations. Although SM-2 is not currently occupied, it does 
possess the PCE that could support tidewater goby.
    On an intermittent basis, SM-2 possesses a sandbar across the mouth 
of the lagoon or estuary during the late spring, summer, and fall that 
closes or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation.

SM-3: Pescadero-Butano Creek (245 ac (99 ha))

    This unit is located in San Mateo County, approximately 32.0 mi 
(51.0 km) south of the San Francisco-San Mateo County line. This unit 
encompasses approximately 245 ac (99 ha), and consists of 241 ac (97 
ha) of State lands and 4 ac (2 ha) of private lands. SM-3 is located 
2.2 mi (3.5 km) south of Pomponio Creek (SM-2), and is separated from 
the nearest extant population to the south, in Bean Hollow Creek (SM-
4), by 3.0 mi (4.8 km). SM-3 was occupied by tidewater goby at the time 
of listing. This unit is unusual in that some tidewater goby from this 
location possess a parasite that appears to occasionally affect their 
health. These parasites, or the environmental factors that increase the 
prevalence of the parasites, may represent a threat to this population 
not identified in Table 3. This unit allows for connectivity between 
tidewater goby source populations, and thereby supports gene flow and 
metapopulation dynamics in this region.
    On an intermittent basis, SM-3 possesses a sandbar across the mouth 
of the lagoon or estuary during the late spring and early fall that 
closes or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation. The physical or biological features essential to 
the conservation of the species in this unit may require special 
management considerations or protection to address threats described in 
Table 3. Please see Special Management Considerations or Protection 
section of this rule for a discussion of the threats to tidewater goby 
habitat and potential management considerations.

SM-4: Bean Hollow Creek (Arroyo de Los Frijoles) (10 ac (4 ha))

    This unit is located in San Mateo County, approximately 34.8 mi 
(56.0 km) south of the San Francisco-San Mateo County line. The unit 
encompasses approximately 10 ac (4 ha), and consists of 3 ac (1 ha) of 
State lands and 7 ac (3 ha) private lands. SM-4 is located 
approximately 3.0 mi (4.8 km) south of the Pescadero-Butano Creek (SM-
3), which is also the nearest extant population. SM-4 was occupied by 
tidewater goby at the time of listing. Maintaining this unit, together 
with the

[[Page 65018]]

two units to the north, will reduce the chance of losing the tidewater 
goby along this important coastal range and allow for connectivity 
between tidewater goby source populations, thereby supporting gene flow 
and metapopulation dynamics in this region.
    On an intermittent basis, SM-4 possesses a sandbar across the mouth 
of the lagoon or estuary during the late spring, summer, and fall that 
closes or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation. The physical or biological features essential to 
the conservation of the species in this unit may require special 
management considerations or protection to address threats described in 
Table 3. Please see Special Management Considerations or Protection 
section of this rule for a discussion of the threats to tidewater goby 
habitat and potential management considerations.

SC-1: Waddell Creek (75 ac (30 ha))

    This unit is located in Santa Cruz County, approximately 18 mi (29 
km) northwest of the city of Santa Cruz. The unit encompasses 
approximately 75 ac (30 ha), and consists of 39 ac (16 ha) of State 
lands and 36 ac (14 ha) of private lands. SC-1 is located approximately 
5.0 mi (8.0 km) north of the Scott Creek (SC-2), which is also the 
nearest extant population. This unit is at the northern extent of this 
metapopulation as described in the Recovery Plan. Tidewater goby were 
present in low numbers in 1996, and were absent during surveys from 
1997 to 2000 (Service 2005, p. C-12). Therefore, SC-1 was occupied at 
the time of listing.
    This unit is identified in the Recovery Plan as a potential 
reintroduction site. This unit will provide habitat for tidewater goby 
dispersing from Scott Creek either through natural means, or by 
reintroduction, which may serve to decrease the risk of extirpation of 
this metapopulation through stochastic events. If a tidewater goby 
population is established in this unit, it would also allow for 
connectivity between tidewater goby source populations, and thereby 
supports gene flow and metapopulation dynamics in this region. Lastly, 
this unit may offer habitat that is superior to that in nearby occupied 
locations (the potential viability of tidewater goby in the unoccupied 
unit may be higher). The original population at this locality was 
considered extirpated by Swift et al. (1989, p. 4). However, tidewater 
goby were reintroduced in 1991 from Scott Creek (Lafferty et al. 1999b, 
p. 1448). Long-term sustainability of backwater habitat may preclude 
the establishment of a tidewater goby subpopulation; however, the 
creation of suitable backwater habitat would ensure a self-sustaining 
subpopulation of tidewater goby at this location. Although SC-1 is not 
currently occupied, it does possess the PCE that could support 
tidewater goby.
    On an intermittent basis, SC-1 possesses a sandbar across the mouth 
of the lagoon or estuary during the late spring, summer, and fall that 
closes or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation. The physical or biological features essential to 
the conservation of the species in this unit may require special 
management considerations or protection to address threats described in 
Table 3. Please see Special Management Considerations or Protection 
section of this rule for a discussion of the threats to tidewater goby 
habitat and potential management considerations.

SC-2: Scott Creek (74 ac (30 ha))

    This unit is located in Santa Cruz County, approximately 11.8 mi 
(19.0 km) northwest of the City of Santa Cruz. The unit encompasses 
approximately 74 ac (30 ha), and consists of 66 ac (27 ha) of State 
lands, 6 ac (2 ha) of local lands, and 2 ac (1 ha) of private lands. 
SC-2 is located 5.0 mi (8.0 km) south of Waddell Creek (SC-1), and is 
separated from the nearest extant population to the south, in Laguna 
Creek (SC-3), by 6.0 mi (9.6 km). SC-2 is outside the geographical area 
occupied by the species at the time of listing, but was subsequently 
found to be occupied. This unit is essential for the conservation of 
the species because it provides habitat for the species, allows for 
connectivity between tidewater goby source populations from nearby 
units, supports gene flow, and provides for metapopulation dynamics in 
this region. Although SC-2 was not considered to be occupied at the 
time of listing, it does possess the PCE that support tidewater goby. 
On an intermittent basis, SC-2 possesses a sandbar across the mouth of 
the lagoon or estuary during the late spring, summer, and fall that 
closes or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation.

SC-3: Laguna Creek (26 ac (11 ha))

    This unit is located in Santa Cruz County, approximately 7.5 mi 
(12.0 km) west of the City of Santa Cruz. The unit encompasses 
approximately 26 ac (11 ha), and consists entirely of State lands. SC-3 
is located 6.0 mi (9.6 km) south of Scott Creek (SC-2), the nearest 
extant population to the north, and is separated from the nearest 
extant population to the south, in Baldwin Creek (SC-4), by 2.0 mi (3.2 
km). SC-3 was occupied by tidewater goby at the time of listing. The 
tidewater goby population in this unit is likely a source population 
for this region, and is therefore important for maintaining the 
metapopulation in this region. This critical habitat unit provides 
habitat for a tidewater goby population that is important to the 
conservation of one of the genetically distinct recovery units as 
described in the Recovery Plan (Dawson et al. 2001, p. 1172). Together 
with Baldwin Creek (SC-4) to the south, this habitat unit helps 
conserve the genetic diversity of the species.
    On an intermittent basis, SC-3 possesses a sandbar across the mouth 
of the lagoon or estuary during the late spring, summer, and fall that 
closes or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation. The physical or biological features essential to 
the conservation of the species in this unit may require special 
management considerations or protection to address threats described in 
Table 3. Please see Special Management Considerations or Protection 
section of this rule for a discussion of the threats to tidewater goby 
habitat and potential management considerations.

SC-4: Baldwin Creek (27 ac (11 ha))

    This unit is located in Santa Cruz County, approximately 6 mi (9.7 
km) west of the City of Santa Cruz. The unit encompasses approximately 
27 ac (11 ha), and consists entirely of State lands. SC-4 is located 
2.0 mi (3.2 km) south of Laguna Creek (SC-3), and is separated from the 
nearest extant population to the south, Lombardi Creek (not proposed as 
critical habitat), by 0.7 mi (1.2 km). SC-4 was occupied by tidewater 
goby at the time of listing. The tidewater goby population in this unit 
is

[[Page 65019]]

likely a source population for this region, and is therefore important 
for maintaining the metapopulation in this region. This critical 
habitat unit provides habitat for a tidewater goby population that is 
important to the conservation of one of the genetically distinct 
recovery units as described in the Recovery Plan (Dawson et al. 2001, 
p. 1172) and, together with Laguna Creek (SC-3) to the north, helps 
conserve genetic diversity within the species.
    On an intermittent basis, SC-4 possesses a sandbar across the mouth 
of the lagoon or estuary during the late spring, summer, and fall that 
closes or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation. The physical or biological features essential to 
the conservation of the species in this unit may require special 
management considerations or protection to address threats described in 
Table 3. Please see Special Management Considerations or Protection 
section of this rule for a discussion of the threats to tidewater goby 
habitat and potential management considerations.

SC-5: Moore Creek (15 ac (6 ha))

    This unit is located in Santa Cruz County, approximately 2.0 mi 
(3.2 km) west of the City of Santa Cruz. The unit encompasses 
approximately 15 ac (6 ha), and consists of entirely of Federal lands. 
SC-5 is located 4.0 mi (6.4) south of Baldwin Creek. SC-5 is separated 
from the nearest extant population to the north, Younger Lagoon (not 
proposed as critical habitat), by 0.5 mi (0.8 km). SC-5 was occupied at 
the time of listing. Maintaining this unit will reduce the chance of 
losing the tidewater goby along this portion of the coast, and help 
conserve genetic diversity within the species. On an intermittent 
basis, SC-5 possesses a sandbar across the mouth of the lagoon or 
estuary during the late spring, summer, and fall that closes or 
partially closes the lagoon or estuary, and thereby provides relatively 
stable conditions (PCE 1c). PCE 1a and 1b occur throughout the unit, 
although their precise location during any particular time period may 
change in response to seasonal fluctuations in precipitation and tidal 
inundation. The physical or biological features essential to the 
conservation of the species in this unit may require special management 
considerations or protection to address threats described in Table 3. 
Please see Special Management Considerations or Protection section of 
this rule for a discussion of the threats to tidewater goby habitat and 
potential management considerations.

SC-6: Corcoran Lagoon (28 ac (11 ha))

    This unit is located in Santa Cruz County, approximately 3 mi (4.8 
km) east of the City of Santa Cruz. This unit encompasses approximately 
28 ac (11 ha), and consists of 1 ac (1 ha) of State lands, 6 ac (2 ha) 
of local lands, and 21 ac (8 ha) of private lands. SC-6 is located 4.0 
mi (6.4 km) south of Moore Creek (SC-5), and the unit is separated from 
the nearest extant population to the south, in Moran Lake (not proposed 
as critical habitat), by 0.7 mi (1.1 km). SC-6 was occupied by 
tidewater goby at the time of listing. The tidewater goby population in 
this unit is likely a source population for this region, and is 
therefore important for maintaining the metapopulation in this region. 
This critical habitat unit provides habitat for a tidewater goby 
population that is important to the conservation of one of the 
genetically distinct recovery units as described in the Recovery Plan 
(Dawson et al. 2001, p. 1172). Maintaining this unit will reduce the 
chance of losing the tidewater goby along this portion of the coast, 
and help conserve genetic diversity within the species.
    On an intermittent basis, SC-6 possesses a sandbar across the mouth 
of the lagoon or estuary during the late spring, summer, and fall that 
closes or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation. The physical or biological features essential to 
the conservation of the species in this unit may require special 
management considerations or protection to address threats described in 
Table 3. Please see Special Management Considerations or Protection 
section of this rule for a discussion of the threats to tidewater goby 
habitat and potential management considerations.

SC-7: Aptos Creek (9 ac (4 ha))

    This unit is located in Santa Cruz County, approximately 0.5 mi 
(0.8 km) southwest of the City of Aptos. The unit encompasses 
approximately 9 ac (4 ha), and consists entirely of State lands. SC-7 
is located 4.1 mi (6.6 km) east of Corcoran Lagoon (SC-6), and is 
separated from the nearest extant population to the north, Moran Lake 
(not proposed as critical habitat), by 4.2 mi (6.75 km). SC-7 was 
occupied by tidewater goby at the time of listing. The tidewater goby 
population in this unit is likely a source population in this region, 
and is therefore important for maintaining the metapopulation in this 
region. Maintaining this unit will reduce the chance of losing the 
tidewater goby along this portion of the coast. On an intermittent 
basis, SC-7 possesses a sandbar across the mouth of the lagoon or 
estuary during the late spring, summer, and fall that closes or 
partially closes the lagoon or estuary, and thereby provides relatively 
stable conditions (PCE 1c). PCE 1a and 1b occur throughout the unit, 
although their precise location during any particular time period may 
change in response to seasonal fluctuations in precipitation and tidal 
inundation. The physical or biological features essential to the 
conservation of the species in this unit may require special management 
considerations or protection to address threats described in Table 3. 
Please see Special Management Considerations or Protection section of 
this rule for a discussion of the threats to tidewater goby habitat and 
potential management considerations.

SC-8: Pajaro River (215 ac (87 ha))

    This unit is located in Santa Cruz County, approximately 5 mi (8 
km) southwest of the City of Watsonville. The unit encompasses 
approximately 215 ac (87 ha), and consists of 158 ac (64 ha) of State 
lands, 11 ac (4 ha) of local lands, and 46 ac (19 ha) of private lands. 
SC-8 is located 9.7 mi (15.6 km) south of Aptos Creek (SC-7), and is 
separated from the nearest extant population to the south, in Bennett 
Slough (MN-1), by 3.0 mi (4.7 km). SC-8 was occupied by tidewater goby 
at the time of listing. Maintaining this unit will reduce the chance of 
losing the tidewater goby along this portion of the coast, and help 
conserve genetic diversity within the species. On an intermittent 
basis, SC-8 possesses a sandbar across the mouth of the lagoon or 
estuary during the late spring, summer, and fall that closes or 
partially closes the lagoon or estuary, and thereby provides relatively 
stable conditions (PCE 1c). PCE 1a and 1b occur throughout the unit, 
although their precise location during any particular time period may 
change in response to seasonal fluctuations in precipitation and tidal 
inundation. The physical or biological features essential to the 
conservation of the species in this unit may require special management 
considerations or protection to address threats described in Table 3. 
Please see

[[Page 65020]]

Special Management Considerations or Protection section of this rule 
for a discussion of the threats to tidewater goby habitat and potential 
management considerations.

MN-1: Bennett Slough (167 ac (68 ha))

    This unit is located in Monterey County, approximately 3.7 mi (6 
km) northwest of the Town of Castroville. This unit encompasses 
approximately 167 ac (68 ha), and consists of 108 ac (44 ha) of State 
lands, 5 ac (2 ha) of local lands, and 54 ac (22 ha) of private lands. 
MN-1 is located 4.1 mi (6.6 km) south of the Pajaro River (SC-8), and 
is separated from the nearest extant population to the south, Moro Cojo 
Slough (not proposed as critical habitat), by 1.3 mi (2.1 km). MN-1 was 
occupied by tidewater goby at the time of listing. The tidewater goby 
population in this unit is likely a source population for this region, 
and is therefore important for maintaining the metapopulation in this 
region. This critical habitat unit provides habitat for a tidewater 
goby population that is important to the conservation of one of the 
genetically distinct recovery units as described in the Recovery Plan 
(Dawson et al. 2001, p. 1172), and maintaining it will reduce the 
chance of losing the tidewater goby along this portion of the coast, 
and help conserve genetic diversity within the species.
    PCE 1c (a sandbar(s) across the mouth of lagoon or estuary) is not 
likely to occur within this unit because it has a navigable, dredged 
channel with a permanent open connection to the ocean that is 
maintained on a regular basis. However, PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation. The physical or biological features essential to 
the conservation of the species in this unit may require special 
management considerations or protection to address threats described in 
Table 3. Please see Special Management Considerations or Protection 
section of this rule for a discussion of the threats to tidewater goby 
habitat and potential management considerations.

MN-2: Salinas River (466 ac (189 ha))

    This unit is located in Monterey County, approximately 7.5 mi (12 
km) north of the City of Seaside. The unit encompasses approximately 
466 ac (189 ha), and consists of 195 ac (79 ha) of Federal lands, 33 ac 
(13 ha) of State lands, 1 ac (1 ha) of local lands, and 237 ac (96 ha) 
of private lands. Unit MN-2 is located 4.0 mi (8.0 km) south of the 
Bennett Slough unit (MN-1). This unit is outside the geographical area 
occupied by the species at the time of listing and is not known to be 
currently occupied; however, this unit is essential for the 
conservation of the species. Tidewater goby were last collected here in 
1951, but were not present during surveys in 1991, 1992, and 2004 
(Service 2005, p. C-16). This unit is identified in the Recovery Plan 
as a potential reintroduction site. This unit will provide habitat for 
tidewater goby that disperse from Bennett Slough and Moro Cojo Slough, 
either through natural means or by reintroduction, which may serve to 
decrease the risk of extirpation of this metapopulation through 
stochastic events. This unit will also allow for connectivity between 
tidewater goby source populations, and thereby support gene flow and 
metapopulation dynamics in this region. Lastly, this unit is one of 
only three locations in Monterey County that have harbored tidewater 
goby and is one of the two subpopulations in the metapopulation as 
described in the Recovery Plan. Therefore, this unit is especially 
important for ensuring the viability of the metapopulation.
    Although MN-2 was not considered to be occupied at the time of 
listing, it does possess the PCE that could support tidewater goby. On 
an intermittent basis, MN-2 possesses a sandbar across the mouth of the 
lagoon or estuary during the late spring, summer, and fall that closes 
or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation.

SLO-1: Arroyo de la Cruz (33 ac (13 ha))

    This unit is located in San Luis Obispo County, approximately 8.0 
mi (13.0 km) northwest of San Simeon. The unit encompasses 
approximately 33 ac (13 ha), and consists of 25 ac (10 ha) of State 
lands and 8 ac (3 ha) of private lands. SLO-1 is located approximately 
2.0 mi (3.2 km) north of the Arroyo de Corral unit (SLO-2), which is 
also the nearest extant population. This unit is outside the 
geographical area occupied by the species at the time of listing, is 
not known to be currently occupied, and there are no historical 
tidewater goby records for this location. However, this unit is 
essential for the conservation of the species because it provides 
habitat to nearby occupied units and is identified in the Recovery Plan 
as a potential introduction site, and could provide habitat for 
maintaining the tidewater goby metapopulation in the region.
    This unit will provide habitat for tidewater goby that disperse 
from Arroyo del Corral, either through natural means or by 
reintroduction, which may serve to decrease the risk of extirpation of 
this metapopulation through stochastic events. This unit will also 
allow for connectivity between tidewater goby source populations, and 
thereby supports gene flow and metapopulation dynamics in this region. 
Lastly, this unit is the only other location with suitable habitat 
within the metapopulation that is currently comprised of one 
subpopulation as described in the Recovery Plan. Therefore, this unit 
is especially important for ensuring the viability of the 
metapopulation because if the subpopulation within the Arroyo de Corral 
unit is extirpated, the entire metapopulation would be lost. Although 
SLO-1 is not currently occupied, it does possess the PCE that could 
support tidewater goby. SLO-1 possesses a sandbar across the mouth of 
the lagoon or estuary during the late spring, summer, and fall that 
closes or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation.

SLO-2: Arroyo del Corral (5 ac (3 ha))

    This unit is located in San Luis Obispo County, approximately 6 mi 
(9.7 km) northwest of San Simeon. The unit encompasses approximately 5 
ac (3 ha), and consists entirely of 4 ac (2 ha) of State lands and 1 ac 
(1 ha) of private lands. SLO-2 is located 2 mi (3.2 km) south of Arroyo 
de la Cruz (SLO-1), and is separated from the nearest extant population 
to the south, Oak Knoll Creek (SLO-3), by 4.3 mi (6.9 km). SLO-2 was 
occupied at the time of listing. The tidewater goby population in this 
unit is likely a source population for this region, and is therefore 
important for maintaining the metapopulation in this region. This 
critical habitat unit provides habitat for a tidewater goby population 
that is important to the conservation of one of the genetically 
distinct recovery units as described in the Recovery Plan (Dawson et 
al. 2001, p. 1172). Maintaining this unit will reduce the chance of 
losing the tidewater goby along this portion of the coast, and help 
conserve genetic diversity within the species.

[[Page 65021]]

    On an intermittent basis, SLO-2 possesses a sandbar across the 
mouth of the lagoon or estuary during the late spring, summer, and fall 
that closes or partially closes the lagoon or estuary, and thereby 
provides relatively stable conditions (PCE 1c). PCE 1a and 1b occur 
throughout the unit, although their precise location during any 
particular time period may change in response to seasonal fluctuations 
in precipitation and tidal inundation. The physical or biological 
features essential to the conservation of the species in this unit may 
require special management considerations or protection to address 
threats described in Table 3. Please see Special Management 
Considerations or Protection section of this rule for a discussion of 
the threats to tidewater goby habitat and potential management 
considerations.

SLO-3: Oak Knoll Creek (Arroyo Laguna) (5 ac (3 ha))

    This unit is located in San Luis Obispo County, approximately 2 mi 
(3.2 km) northwest of San Simeon. The unit encompasses approximately 5 
ac (3 ha), and consists of 4 ac (2 ha) of State lands and 1 ac (1 ha) 
of private lands. SLO-3 is located 4.3 mi (6.9 km) south of Arroyo del 
Corral (SLO-2), and is separated from the nearest extant population to 
the south, in Arroyo de Tortuga (not proposed as critical habitat), by 
0.5 mi (0.8 km). SLO-3 was occupied at the time of listing. This unit 
allows for connectivity between tidewater goby source populations, and 
thereby supports gene flow and metapopulation dynamics in this region. 
On an intermittent basis, SLO-3 possesses a sandbar across the mouth of 
the lagoon or estuary during the late spring, summer, and fall that 
closes or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation. The physical or biological features essential to 
the conservation of the species in this unit may require special 
management considerations or protection to address threats described in 
Table 3. Please see Special Management Considerations or Protection 
section of this rule for a discussion of the threats to tidewater goby 
habitat and potential management considerations.

SLO-4: Little Pico Creek (9 ac (4 ha))

    This unit is located in San Luis Obispo County, approximately 6.7 
mi (10.8 km) northwest of the Town of Cambria. The unit encompasses 
approximately 9 ac (4 ha), and consists of 2 ac (1 ha) of State lands 
and 7 ac (3 ha) of private lands. SLO-4 is located 3.7 mi (5.9 km) 
south of Oak Knoll Creek (SLO-3). The unit is separated from the 
nearest extant population to the north, in Broken Bridge Creek (not 
proposed as critical habitat), by 1.4 mi (2.2 km). SLO-4 was occupied 
at the time of listing. The tidewater goby population in this unit is 
likely a source population for this region, and is therefore important 
for maintaining the metapopulation in this region. Maintaining this 
unit will reduce the chance of losing the tidewater goby along this 
portion of the coast. On an intermittent basis, SLO-4 possesses a 
sandbar across the mouth of the lagoon or estuary during the late 
spring, summer, and fall that closes or partially closes the lagoon or 
estuary, and thereby provides relatively stable conditions (PCE 1c). 
PCE 1a and 1b occur throughout the unit, although their precise 
location during any particular time period may change in response to 
seasonal fluctuations in precipitation and tidal inundation. The 
physical or biological features essential to the conservation of the 
species in this unit may require special management considerations or 
protection to address threats described in Table 3. Please see Special 
Management Considerations or Protection section of this rule for a 
discussion of the threats to tidewater goby habitat and potential 
management considerations.

SLO-5: San Simeon Creek (17 ac (7 ha))

    This unit is located in San Luis Obispo County, approximately 3.3 
mi (5.3 km) northwest of the Town of Cambria. The unit encompasses 
approximately 17 ac (7 ha), and consists entirely of State lands. SLO-5 
is located 3.8 mi (6.1 km) south of Little Pico Creek (SLO-4), and is 
separated from the nearest extant population to the south, in Santa 
Rosa Creek (not proposed as critical habitat), by 2.6 mi (4.2 km). SLO-
5 was occupied at the time of listing. The tidewater goby population in 
this unit is likely a source population for this unit, and is therefore 
important for maintaining the metapopulation in this region. 
Maintaining this unit will reduce the chance of losing the tidewater 
goby along this portion of the coast. On an intermittent basis, SLO-5 
possesses a sandbar across the mouth of the lagoon or estuary during 
the late spring, summer, and fall that closes or partially closes the 
lagoon or estuary, and thereby provides relatively stable conditions 
(PCE 1c). PCE 1a and 1b occur throughout the unit, although their 
precise location during any particular time period may change in 
response to seasonal fluctuations in precipitation and tidal 
inundation. The physical or biological features essential to the 
conservation of the species in this unit may require special management 
considerations or protection to address threats described in Table 3. 
Please see Special Management Considerations or Protection section of 
this rule for a discussion of the threats to tidewater goby habitat and 
potential management considerations.

SLO-6: Villa Creek (15 ac (7 ha))

    This unit is located in San Luis Obispo County, approximately 9.6 
mi (15.4 km) southeast of Cambria. The unit encompasses 15 ac (7 ha) 
and consists of 14 ac (6 ha) of State lands and 1 ac (1 ha) of private 
lands. SLO-6 is located 12.3 mi (19.8 km) south of San Simeon Creek 
(SLO-5), and is separated from the nearest extant population to the 
south, in San Geronimo Creek (SLO-7), by 2.3 mi (3.7 km). SLO-6 was 
occupied at the time of listing. The tidewater goby population in this 
unit is likely a source population for this region, and is therefore 
important for maintaining the metapopulation in this region. This 
critical habitat unit provides habitat for a tidewater goby population 
that is important to the conservation of one of the genetically 
distinct recovery units as described in the Recovery Plan (Dawson et 
al. 2001, p. 1172). Maintaining this unit will reduce the chance of 
losing the tidewater goby along this portion of the coast, and help 
conserve genetic diversity within the species.
    On an intermittent basis, SLO-6 possesses a sandbar across the 
mouth of the lagoon or estuary during the late spring, summer, and fall 
that closes or partially closes the lagoon or estuary, and thereby 
provides relatively stable conditions (PCE 1c). PCE 1a and 1b occur 
throughout the unit, although their precise location during any 
particular time period may change in response to seasonal fluctuations 
in precipitation and tidal inundation. The physical or biological 
features essential to the conservation of the species in this unit may 
require special management considerations or protection to address 
threats described in Table 3. Please see Special Management 
Considerations or Protection section of this rule for a discussion of 
the threats to tidewater goby habitat and potential management 
considerations.

[[Page 65022]]

SLO-7: San Geronimo Creek (1 ac (1 ha))

    This unit is located in San Luis Obispo County, approximately 7.6 
mi (12.2 km) northwest of the Town of Morro Bay, and approximately 1.4 
mi (2.5 km) west of the Town of Cayucos. The unit encompasses 
approximately 1 ac (1 ha), and consists entirely of State lands. SLO-7 
is located 2.3 mi (3.7 km) south of Villa Creek (SLO-6), and is 
separated from the nearest extant population to the south, in Cayucos 
Creek (not proposed as critical habitat), by 1.5 mi (2.4 km). SLO-7 was 
occupied at the time of listing. The tidewater goby population in this 
unit is likely a source population for this region, and is therefore 
important for maintaining the metapopulation in this region. 
Maintaining this unit will reduce the chance of losing the tidewater 
goby along this portion of the coast.
    On an intermittent basis, SLO-7 possesses a sandbar across the 
mouth of the lagoon or estuary during the late spring, summer, and fall 
that closes or partially closes the lagoon or estuary, and thereby 
provides relatively stable conditions (PCE 1c). PCE 1a and 1b occur 
throughout the unit, although their precise location during any 
particular time period may change in response to seasonal fluctuations 
in precipitation and tidal inundation. The physical or biological 
features essential to the conservation of the species in this unit may 
require special management considerations or protection to address 
threats described in Table 3. Please see Special Management 
Considerations or Protection section of this rule for a discussion of 
the threats to tidewater goby habitat and potential management 
considerations.

SLO-8: Toro Creek (9 ac (4 ha))

    This unit is located in San Luis Obispo County, approximately 2.3 
mi (3.7 km) south of the Town of Cayucos. The unit encompasses 
approximately 9 ac (4 ha), and consists of 1 ac (1 ha) of State lands 
and 8 ac (3 ha) of private lands. SLO-8 is located 5 mi (8.0 km) south 
of San Geronimo Creek (SLO-7), and is separated from the nearest extant 
population to the north, in Old Creek (not proposed as critical 
habitat), by 1.8 mi (2.9 km). SLO-8 was occupied at the time of 
listing. Maintaining this unit will reduce the chance of losing the 
tidewater goby along this portion of the coast, and help conserve 
genetic diversity within the species. On an intermittent basis, SLO-8 
possesses a sandbar across the mouth of the lagoon or estuary during 
the late spring, summer, and fall that closes or partially closes the 
lagoon or estuary, and thereby provides relatively stable conditions 
(PCE 1c). PCE 1a and 1b occur throughout the unit, although their 
precise location during any particular time period may change in 
response to seasonal fluctuations in precipitation and tidal 
inundation. The physical or biological features essential to the 
conservation of the species in this unit may require special management 
considerations or protection to address threats described in Table 3. 
Please see Special Management Considerations or Protection section of 
this rule for a discussion of the threats to tidewater goby habitat and 
potential management considerations.

SLO-9: Los Osos Creek (73 ac (30 ha))

    This unit is located in San Luis Obispo County, within the Town of 
Baywood. The unit encompasses approximately 73 ac (30 ha), and consists 
of 62 ac (25 ha) of State lands, 1 ac (1 ha) of local lands, and 10 ac 
(4 ha) of private lands. The unit is separated from the nearest extant 
population to the north, in Toro Creek (SLO-8), by 8.0 mi (12.8 km). 
Tidewater goby were present during surveys in 2001 (Service 2005, p. C-
21). Prior to the observations in 2001, tidewater goby had not been 
seen here since 1981 (Service 2005, p. C-21). Therefore, SLO-9 is 
outside the geographical area occupied by the species at the time of 
listing but is currently occupied. This unit is essential for the 
conservation of the species because it provides habitat to nearby 
occupied units and is identified in the Recovery Plan as a potential 
introduction site, and could provide habitat for maintaining the 
tidewater goby metapopulation in the region. Maintaining this unit will 
also reduce the chance of losing the tidewater goby along this portion 
of the coast. Although SLO-9 was not considered to be occupied at the 
time of listing, it does possess the PCE that could support tidewater 
goby. PCE 1c (a sandbar(s) across the mouth of lagoon or estuary) is 
not likely to occur within this unit because it has a navigable channel 
with an open connection to Morro Bay, which is dredged on a regular 
basis. However, PCE 1a and 1b occur throughout the unit, although their 
precise location during any particular time period may change in 
response to seasonal fluctuations in precipitation and tidal 
inundation.

SLO-10: San Luis Obispo Creek (31 ac (12 ha))

    This unit is located in San Luis Obispo County, within the Town of 
Avila Beach. The unit encompasses approximately 31 ac (12 ha), and 
consists of 3 ac (1 ha) of local lands, and 28 ac (11 ha) of private 
lands. The unit is separated from the nearest extant population to the 
south, in Pismo Creek (SLO-11), by 7.0 mi (11.2 km). SLO-10 was 
occupied at the time of listing. The tidewater goby population in this 
unit is likely a source population for this region, and is therefore 
important for maintaining the metapopulation in this region. This 
critical habitat unit provides habitat for a tidewater goby population 
that is important to the conservation of one of the genetically 
distinct recovery units as described in the Recovery Plan (Dawson et 
al. 2001, p. 1172). On an intermittent basis, SLO-10 possesses a 
sandbar across the mouth of the lagoon or estuary during the late 
spring, summer, and fall that closes or partially closes the lagoon or 
estuary, and thereby provides relatively stable conditions (PCE 1c). 
PCE 1a and 1b occur throughout the unit, although their precise 
location during any particular time period may change in response to 
seasonal fluctuations in precipitation and tidal inundation. The 
physical or biological features essential to the conservation of the 
species in this unit may require special management considerations or 
protection to address threats described in Table 3. Please see Special 
Management Considerations or Protection section of this rule for a 
discussion of the threats to tidewater goby habitat and potential 
management considerations.

SLO-11: Pismo Creek (20 ac (9 ha))

    This unit is located in San Luis Obispo County, within the Town of 
Pismo Beach. The unit encompasses approximately 20 ac (9 ha), and 
consists of 14 ac (6 ha) of State lands, 1 ac (1 ha) of local lands, 
and 5 ac (2 ha) of private lands. SLO-11 is located 7 mi (11.2 km) 
south of San Luis Obispo Creek (SLO-10). The unit is separated from the 
nearest extant population to the south, in Arroyo Grande Creek (not 
proposed as critical habitat), by 2.6 mi (4.2 km). SLO-11 was occupied 
at the time of listing. The tidewater goby population in this unit is 
likely a source population for this region, and is therefore important 
for maintaining the metapopulation in this region. Maintaining this 
unit will reduce the chance of losing the tidewater goby along this 
portion of the coast. On an intermittent basis, SLO-11 possesses a 
sandbar across the mouth of the lagoon or estuary during the late 
spring, summer, and fall that closes or partially closes the lagoon or 
estuary, and thereby provides relatively stable conditions (PCE 1c). 
PCE 1a and 1b occur

[[Page 65023]]

throughout the unit, although their precise location during any 
particular time period may change in response to seasonal fluctuations 
in precipitation and tidal inundation. The physical or biological 
features essential to the conservation of the species in this unit may 
require special management considerations or protection to address 
threats described in Table 3. Please see Special Management 
Considerations or Protection section of this rule for a discussion of 
the threats to tidewater goby habitat and potential management 
considerations.

SLO-12: Oso Flaco Lake (171 ac (69 ha))

    This unit is located in San Luis Obispo County, approximately 5 mi 
(8.0 km) northwest of the City of Santa Maria. The unit encompasses 
approximately 171 ac (69 ha), and consists of 165 ac (67 ha) of State 
lands and 6 acre (2 ha) of private lands. The unit is separated from 
the nearest extant population to the south, the Santa Maria River (SB-
1), by 4 mi (6.4 km). This unit is outside the geographical area 
occupied by the species at the time of listing, is not known to be 
currently occupied, and there are no historical tidewater goby records 
for this location. However, this unit is essential for the conservation 
of the species because it provides habitat to nearby occupied units and 
is identified in the Recovery Plan as a potential introduction site, 
and could provide habitat for maintaining the tidewater goby 
metapopulation in the region. This unit will provide habitat for 
tidewater goby that disperse from Arroyo Grande Creek and the Santa 
Maria River, either through natural means or by introduction, which may 
serve to decrease the risk of extirpation of this metapopulation 
through stochastic events. This unit would also allow for connectivity 
between tidewater goby source populations, and thereby supports gene 
flow and metapopulation dynamics in this region. Lastly, tidewater goby 
may be precluded from this location due to water quality impairments; 
however, the California Regional Water Control Board is currently 
working with the Service to remedy these impairments. Although SLO-12 
is not currently occupied, it does possess the PCE that could support 
tidewater goby. On an intermittent basis, SLO-12 possesses a sandbar 
across the mouth of the lagoon or estuary during the late spring, 
summer, and fall that closes or partially closes the lagoon or estuary, 
and thereby provides relatively stable conditions (PCE 1c). PCE 1a and 
1b occur throughout the unit, although their precise location during 
any particular time period may change in response to seasonal 
fluctuations in precipitation and tidal inundation.

SB-1: Santa Maria River (474 ac (192 ha))

    This unit is located in Santa Barbara County, approximately 13 mi 
(21 km) west of the City of Santa Maria. The unit encompasses 
approximately 474 ac (192 ha), and consists of 42 ac (17 ha) of local 
lands and 432 ac (175 ha) of private lands. SB-1 is located 4 mi (6.4 
km) south of Oso Flaco Lake (SLO-12), and is separated from the nearest 
extant population to the south, in Shuman Canyon (not proposed as 
critical habitat; see Application of Section 4(a)(3) of the Act--
Vandenberg Air Force Base section below), by 8.6 mi (13.9 km). SB-1 was 
occupied at the time of listing. The tidewater goby population in this 
unit is likely a source population for this region, and is therefore 
important for maintaining the metapopulation in this region. This 
critical habitat unit provides habitat for a tidewater goby population 
that is important to the conservation of one of the genetically 
distinct recovery units as described in the Recovery Plan (Dawson et 
al. 2001, p. 1172). Maintaining this unit will reduce the chance of 
losing the tidewater goby along this portion of the coast, and help 
conserve genetic diversity within the species.
    On an intermittent basis, SB-1 possesses a sandbar across the mouth 
of the lagoon or estuary during the late spring, summer, and fall that 
closes or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation. The physical or biological features essential to 
the conservation of the species in this unit may require special 
management considerations or protection to address threats described in 
Table 3. Please see Special Management Considerations or Protection 
section of this rule for a discussion of the threats to tidewater goby 
habitat and potential management considerations.

SB-2: Ca[ntilde]ada de las Agujas (1 ac (1 ha))

    This unit is located in Santa Barbara County, approximately 7.2 mi 
(11.6 km) west of Gaviota. The unit encompasses approximately 1 ac (1 
ha), and consists entirely of private lands. SB-2 is located 38.8 mi 
(62.5 km) south of the Santa Maria River (SB-1), and is separated from 
the nearest extant population to the south, in Arroyo El Bulito (not 
proposed as critical habitat), by 0.4 mi (0.7 km). SB-2 was occupied at 
the time of listing. This unit allows for connectivity between 
tidewater goby source populations, and thereby supports gene flow and 
metapopulation dynamics in this region. Furthermore, we believe this 
unit, and units SB-3, SB-4, SB-5, and SB-6, likely act as a 
metapopulation as defined in the Background section. These units are no 
more than 2.0 mi (3.3 km) from each other, which facilitates higher 
dispersal rates between sites. Because these units are of relatively 
small size in area (1 to 9 ac (1 to 4 ha)), they are more susceptible 
to drying or shrinking due to drought conditions, which increases the 
likelihood of local extirpation. Lastly, because these units are small, 
they are likely to be dependent upon some degree of periodic exchange 
of tidewater goby between units for any one unit to persist over time. 
Therefore, designation of critical habitat at these five locations is 
necessary for the conservation of the tidewater goby along the Gaviota 
Coast in Santa Barbara County.
    On an intermittent basis, SB-2 possesses a sandbar across the mouth 
of the lagoon or estuary during the late spring, summer, and fall that 
closes or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation. The physical or biological features essential to 
the conservation of the species in this unit may require special 
management considerations or protection to address threats described in 
Table 3. Please see Special Management Considerations or Protection 
section of this rule for a discussion of the threats to tidewater goby 
habitat and potential management considerations.

SB-3: Ca[ntilde]ada de Santa Anita (3 ac (1 ha))

    This unit is located in Santa Barbara County, approximately 5.2 mi 
(8.4 km) west of Gaviota. The unit encompasses approximately 3 ac (1 
ha), and consists entirely of private lands. SB-3 is located 2.0 mi 
(3.2 km) south of Ca[ntilde]ada de las Agujas (SB-2), and is separated 
from the nearest extant population to the north, in Ca[ntilde]ada del 
Agua (not proposed as critical habitat), by 0.4 mi (0.7 km). SB-3 was 
occupied at the time of listing. This unit is important to the 
conservation of the species because it allows for connectivity between 
tidewater goby source populations, and thereby supports gene flow and

[[Page 65024]]

metapopulation dynamics in this region. Furthermore, as described above 
in SB-2, we believe this unit, and units SB-2, SB-4, SB-5, and SB-6, 
likely act as a metapopulation as defined in the Background section, 
and that designation of critical habitat at these five locations is 
necessary for the conservation of the tidewater goby along the Gaviota 
Coast in Santa Barbara County.
    On an intermittent basis, SB-3 possesses a sandbar across the mouth 
of the lagoon or estuary during the late spring, summer, and fall that 
closes or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation. The physical or biological features essential to 
the conservation of the species in this unit may require special 
management considerations or protection to address threats described in 
Table 3. Please see Special Management Considerations or Protection 
section of this rule for a discussion of the threats to tidewater goby 
habitat and potential management considerations.

SB-4: Ca[ntilde]ada de Alegria (2 ac (1 ha))

    This unit is located in Santa Barbara County, approximately 3.2 mi 
(5.1 km) west of Gaviota. The unit encompasses approximately 2 ac (1 
ha), and consists entirely of private lands. SB-1 is located 2.0 mi 
(3.3 km) south of Ca[ntilde]ada de Santa Anita (SB-3), and is separated 
from the nearest extant population to the south, in Ca[ntilde]ada del 
Agua Caliente (SB-5), by 1.1 mi (1.8 km). SB-4 was occupied at the time 
of listing. This unit is important to the conservation of the species 
because it allows for connectivity between tidewater goby source 
populations, and thereby supports gene flow and metapopulation dynamics 
in this region. Furthermore, as described above in SB-2, we believe 
this unit, and units SB-2, SB-3, SB-5, and SB-6, likely act as a 
metapopulation as defined in the Background section, and that 
designation of critical habitat at these five locations is necessary 
for the conservation of the tidewater goby along the Gaviota Coast in 
Santa Barbara County.
    On an intermittent basis, SB-4 possesses a sandbar across the mouth 
of the lagoon or estuary during the late spring, summer, and fall that 
closes or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation. The physical or biological features essential to 
the conservation of the species in this unit may require special 
management considerations or protection to address threats described in 
Table 3. Please see Special Management Considerations or Protection 
section of this rule for a discussion of the threats to tidewater goby 
habitat and potential management considerations.

SB-5: Ca[ntilde]ada del Agua Caliente (1 ac (1 ha))

    This unit is located in Santa Barbara County, approximately 2.1 mi 
(3.4 km) west of Gaviota. This unit encompasses approximately 1 ac (1 
ha), and consists entirely of private lands. SB-5 is located 1.1 mi 
(1.8 km) south of Ca[ntilde]ada de Alegria (SB-4), which is also the 
nearest extant population. SB-5 was occupied at the time of listing. 
This critical habitat unit provides habitat for a tidewater goby 
population that is important to the conservation of one of the 
genetically distinct recovery units as described in the Recovery Plan 
(Dawson et al. 2001, p. 1172). This unit helps conserve genetic 
diversity within the species. This unit also allows for connectivity 
between tidewater goby source populations, and thereby supports gene 
flow and metapopulation dynamics in this region. Furthermore, as 
described above in SB-2, we believe this unit, and units SB-2, SB-3, 
SB-4, and SB-6, likely act as a metapopulation as defined in the 
Background section, and that designation of critical habitat at these 
five locations is necessary for the conservation of the tidewater goby 
along the Gaviota Coast in Santa Barbara County.
    On an intermittent basis, SB-5 possesses a sandbar across the mouth 
of the lagoon or estuary during the late spring, summer, and fall that 
closes or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation. The physical or biological features essential to 
the conservation of the species in this unit may require special 
management considerations or protection to address threats described in 
Table 3. Please see Special Management Considerations or Protection 
section of this rule for a discussion of the threats to tidewater goby 
habitat and potential management considerations.

SB-6: Gaviota Creek (11 ac (5 ha))

    This unit is located in Santa Barbara County, approximately 0.8 mi 
(1.3 km) west of Gaviota. This unit encompasses approximately 11 ac (5 
ha), and consists of 10 ac (4 ha) of State lands and 1 ac (1 ha) of 
private lands. SB-6 is located 1.5 mi (2.4 km) south of Ca[ntilde]ada 
del Agua Caliente (SB-5), which is also the nearest extant population. 
SB-6 was occupied at the time of listing. This unit is important to the 
conservation of the species because maintaining it will reduce the 
chance of losing the tidewater goby along this portion of the coast. It 
also allows for connectivity between tidewater goby source populations, 
and thereby supports gene flow and metapopulation dynamics in this 
region. Furthermore, as described above in SB-2, we believe this unit, 
and units SB-2, SB-3, SB-4, and SB-5, likely act as a metapopulation as 
defined in the Background section, and that designation of critical 
habitat at these five locations is necessary for the conservation of 
the tidewater goby along the Gaviota Coast in Santa Barbara County.
    On an intermittent basis, SB-6 possesses a sandbar across the mouth 
of the lagoon or estuary during the late spring, summer, and fall that 
closes or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation. The physical or biological features essential to 
the conservation of the species in this unit may require special 
management considerations or protection to address threats described in 
Table 3. Please see Special Management Considerations or Protection 
section of this rule for a discussion of the threats to tidewater goby 
habitat and potential management considerations.

SB-7: Arroyo Hondo (1 ac (1 ha))

    This unit is located in Santa Barbara County, approximately 5.0 mi 
(8.0 km) east of Gaviota. This unit encompasses approximately 1 ac (1 
ha), and consists entirely of private lands. SB-7 is located 5.0 mi 
(8.0 km) south of Gaviota Creek (SB-6), and is separated from the 
nearest extant population to the south, in Arroyo Quemado (not proposed 
as critical habitat), by 1.3 mi (2.0 km). This unit is outside the 
geographical area occupied by the species at the time of listing, but 
was subsequently found to

[[Page 65025]]

be occupied. This unit is essential for the conservation of the species 
because it provides habitat to nearby occupied units and could provide 
habitat for maintaining the tidewater goby metapopulation in the 
region. Maintaining this unit will reduce the chance of losing the 
tidewater goby along this portion of the coast, and help conserve 
genetic diversity within the species. Although SB-7 was not considered 
to be occupied at the time of listing, it does possess the PCE that 
support tidewater goby. On an intermittent basis, SB-7 possesses a 
sandbar across the mouth of the lagoon or estuary during the late 
spring, summer, and fall that closes or partially closes the lagoon or 
estuary, and thereby provides relatively stable conditions (PCE 1c). 
PCE 1a and 1b occur throughout the unit, although their precise 
location during any particular time period may change in response to 
seasonal fluctuations in precipitation and tidal inundation.

SB-8: Winchester/Bell Canyon (6 ac (3 ha))

    This unit is located in Santa Barbara County, approximately 2.2 mi 
(3.5 km) west of the community of El Encanto Heights. The unit 
encompasses approximately 6 ac (3 ha), and consists of 1 ac (1 ha) of 
local lands and 5 ac (2 ha) of private lands. SB-8 is located 6.0 mi 
(9.6 km) north of Goleta Slough (SB-9), and is separated from the 
nearest extant population to the north, Tecolote Canyon (not proposed 
as critical habitat), by 0.3 mi (0.4 km). SB-8 was occupied at the time 
of listing. This unit is important to the conservation of the species 
because it allows for connectivity between tidewater goby source 
populations, and thereby supports gene flow and metapopulation dynamics 
in this region.
    On an intermittent basis, SB-8 possesses a sandbar across the mouth 
of the lagoon or estuary during the late spring, summer, and fall that 
closes or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation. The physical or biological features essential to 
the conservation of the species in this unit may require special 
management considerations or protection to address threats described in 
Table 3. Please see Special Management Considerations or Protection 
section of this rule for a discussion of the threats to tidewater goby 
habitat and potential management considerations.

SB-9: Goleta Slough (190 ac (76 ha))

    This unit is located in Santa Barbara County, within the City of 
Goleta. The unit encompasses approximately 190 ac (76 ha), and consists 
of 164 ac (66 ha) of local lands and 26 ac (10 ha) of private lands. 
SB-9 is located 6.0 mi (9.6 km) south of Winchester/Bell Canyon (SB-8), 
and is separated from the nearest extant population to the north, 
Devereux Slough (not proposed as critical habitat), by 4.0 mi (6.4 km). 
This unit is outside the geographical area occupied by the species at 
the time of listing, but is currently occupied. This unit is essential 
for the conservation of the species because it provides habitat for the 
species, allows for connectivity between tidewater goby source 
populations from nearby units, supports gene flow, and provides for 
metapopulation dynamics in this region. Although SB-9 was not 
considered to be occupied at the time of listing, it does possess the 
PCE that could support tidewater goby. On an intermittent basis, SB-9 
possesses a sandbar across the mouth of the lagoon or estuary during 
the late spring, summer, and fall that closes or partially closes the 
lagoon or estuary, and thereby provides relatively stable conditions 
(PCE 1c). PCE 1a and 1b occur throughout the unit, although their 
precise location during any particular time period may change in 
response to seasonal fluctuations in precipitation and tidal 
inundation.

SB-10: Arroyo Burro (3 ac (1 ha))

    This unit is located in Santa Barbara County, approximately 3.6 mi 
(5.8 km) west of the City of Santa Barbara. The unit encompasses 
approximately 3 ac (1 ha), and consists entirely of local lands. SB-10 
is located 4.0 mi (6.4 km) north of Mission Creek-Laguna Channel (SB-
11), which is also the nearest extant population. This unit is outside 
the geographical area occupied by the species at the time of listing, 
but was subsequently found to be occupied. This unit is essential for 
the conservation of the species because it provides habitat for the 
species, allows for connectivity between tidewater goby source 
populations from nearby units, supports gene flow, and provides for 
metapopulation dynamics in this region. Although SB-10 was not 
considered to be occupied at the time of listing, it does possess the 
PCE that could support tidewater goby. On an intermittent basis, SB-10 
possesses a sandbar across the mouth of the lagoon or estuary during 
the late spring, summer, and fall that closes or partially closes the 
lagoon or estuary, and thereby provides relatively stable conditions 
(PCE 1c). PCE 1a and 1b occur throughout the unit, although their 
precise location during any particular time period may change in 
response to seasonal fluctuations in precipitation and tidal 
inundation.

SB-11: Mission Creek-Laguna Channel (7 ac (3 ha))

    This unit is located in Santa Barbara County, within the City of 
Santa Barbara. The unit encompasses approximately 7 ac (3 ha), and 
consists of 3 ac (1 ha) of State lands and 4 ac (2 ha) of local lands. 
SB-11 is located 4.0 mi (6.4 km) south of Arroyo Burro (SB-10), and is 
separated from the nearest extant population to the south, in Sycamore 
Creek (not proposed as critical habitat), by 1.0 mi (1.5 km). SB-11 was 
occupied at the time of listing. The tidewater goby population in this 
unit is likely a source population for this region, and is therefore 
important for maintaining the metapopulation in this region. 
Maintaining this unit will reduce the chance of losing the tidewater 
goby along this portion of the coast.
    On an intermittent basis, SB-11 possesses a sandbar across the 
mouth of the lagoon or estuary during the late spring, summer, and fall 
that closes or partially closes the lagoon or estuary, and thereby 
provides relatively stable conditions (PCE 1c). PCE 1a and 1b occur 
throughout the unit, although their precise location during any 
particular time period may change in response to seasonal fluctuations 
in precipitation and tidal inundation. The physical or biological 
features essential to the conservation of the species in this unit may 
require special management considerations or protection to address 
threats described in Table 3. Please see Special Management 
Considerations or Protection section of this rule for a discussion of 
the threats to tidewater goby habitat and potential management 
considerations.

SB-12: Arroyo Paredon (4 ac (3 ha))

    This unit is located in Santa Barbara County, within the City of 
Santa Barbara. The unit encompasses approximately 4 ac (3 ha), and 
consists of 1 ac (1 ha) of State lands, 1 ac (1 ha) local lands, and 2 
ac (1 ha) of private lands. SB-12 is located 8.0 mi (12.8 km) south of 
Mission Creek-Laguna Channel (SB-11), and is separated from the nearest 
extant population to the south, in Carpinteria Creek (not proposed as 
critical habitat), by 2.7 mi (4.3 km). This unit is outside the 
geographical area

[[Page 65026]]

occupied by the species at the time of listing, but was subsequently 
found to be occupied. This unit is essential for the conservation of 
the species because it provides habitat for the species, allows for 
connectivity between tidewater goby source populations from nearby 
units, supports gene flow, and provides for metapopulation dynamics in 
this region. Although SB-12 was not considered to be occupied at the 
time of listing, it does possess the PCE that could support tidewater 
goby. On an intermittent basis, SB-12 possesses a sandbar across the 
mouth of the lagoon or estuary during the late spring, summer, and fall 
that closes or partially closes the lagoon or estuary, and thereby 
provides relatively stable conditions (PCE 1c). PCE 1a and 1b occur 
throughout the unit, although their precise location during any 
particular time period may change in response to seasonal fluctuations 
in precipitation and tidal inundation.

VEN-1: Ventura River (50 ac (21 ha))

    This unit is located in Ventura County, within the City of Ventura. 
The unit encompasses approximately 50 ac (21 ha), and consists of 25 ac 
(10 ha) of State lands, 16 ac (7 ha) of local lands, and 9 ac (4 ha) of 
private lands. VEN-1 is located 4.3 mi (7.0 km) north of the Santa 
Clara River (VEN-2), which is also the nearest extant population. VEN-1 
was occupied at the time of listing. The tidewater goby population in 
this unit is likely a source population for this region, and is 
therefore important for maintaining the metapopulation in this region. 
This critical habitat unit provides habitat for a tidewater goby 
population that is important to the conservation of one of the 
genetically distinct recovery units as described in the Recovery Plan 
(Dawson et al. 2001, p. 1172). Maintaining this unit will reduce the 
chance of losing the tidewater goby along this portion of the coast, 
and help conserve genetic diversity within the species.
    On an intermittent basis, VEN-1 possesses a sandbar across the 
mouth of the lagoon or estuary during the late spring, summer, and fall 
that closes or partially closes the lagoon or estuary, and thereby 
provides relatively stable conditions (PCE 1c). PCE 1a and 1b occur 
throughout the unit, although their precise location during any 
particular time period may change in response to seasonal fluctuations 
in precipitation and tidal inundation. The physical or biological 
features essential to the conservation of the species in this unit may 
require special management considerations or protection to address 
threats described in Table 3. Please see Special Management 
Considerations or Protection section of this rule for a discussion of 
the threats to tidewater goby habitat and potential management 
considerations.

VEN-2: Santa Clara River (323 ac (130 ha))

    This unit is located in Ventura County, approximately 4 mi (6.4 km) 
southeast of the City of Ventura. This unit encompasses approximately 
323 ac (130 ha), and consists of 199 ac (80 ha) of State lands, 14 ac 
(6 ha) of local lands, and 110 ac (44 ha) of private lands. VEN-2 is 
located 4.3 mi (7.0 km) south of the Ventura River unit (VEN-1), which 
is also the nearest extant population. VEN-2 was occupied by tidewater 
goby at the time of listing. The tidewater goby population in this unit 
is likely a source population for this region, and is therefore 
important for maintaining the metapopulation in this region. VEN-2 unit 
will support the recovery of the tidewater goby population along this 
portion of the coast. This unit is known to have tens of thousands of 
tidewater goby during certain times of the year (C. Dellith, Service, 
pers. comm. 2010), and is considered one of the largest tidewater goby 
populations in southern California.
    On an intermittent basis, VEN-2 possesses a sandbar across the 
mouth of the lagoon or estuary during the late spring, summer, and fall 
that closes or partially closes the lagoon or estuary, and thereby 
provides relatively stable conditions (PCE 1c). PCE 1a and 1b occur 
throughout the unit, although their precise location during any 
particular time period may change in response to seasonal fluctuations 
in precipitation and tidal inundation. The physical or biological 
features essential to the conservation of the species in this unit may 
require special management considerations or protection to address 
threats described in Table 3. Please see Special Management 
Considerations or Protection section of this rule for a discussion of 
the threats to tidewater goby habitat and potential management 
considerations.

VEN-3: J Street Drain-Ormond Lagoon (121 ac (49 ha))

    This unit is located in Ventura County, approximately 1 mi (1.6 km) 
east of Port Hueneme. This unit encompasses approximately 121 ac (49 
ha), and consists of 5 ac (2 ha) of State lands, 49 ac (20 ha) of local 
lands, and 67 ac (27 ha) of private lands. VEN-3 is located 4.3 mi (6.9 
km) south of the Santa Clara River (VEN-2), which is also the nearest 
extant population. VEN-3 was occupied at the time of listing. This unit 
allows for connectivity between tidewater goby source populations, and 
thereby supports gene flow and metapopulation dynamics in this region. 
On an intermittent basis, VEN-3 possesses a sandbar across the mouth of 
the lagoon or estuary during the late spring, summer, and fall that 
closes or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation. The physical or biological features essential to 
the conservation of the species in this unit may require special 
management considerations or protection to address threats described in 
Table 3. Please see Special Management Considerations or Protection 
section of this rule for a discussion of the threats to tidewater goby 
habitat and potential management considerations.

VEN-4: Big Sycamore Canyon (1 ac (1 ha))

    This unit is located in Ventura County, approximately 12.0 mi (19.3 
km) northwest of the City of Malibu. The unit encompasses approximately 
1 ac (1 ha), and consists entirely of State lands. VEN-4 is located 5.0 
mi (8.0 km) north of Arroyo Sequit (LA-1), and is separated from the 
nearest extant population to the north, in the Calleguas Creek (not 
proposed as critical habitat), by 5.0 mi (8.0 km). This unit is outside 
the geographical area occupied by the species at the time of listing, 
but was subsequently found to be occupied. This unit is essential for 
the conservation of the species because it provides habitat for the 
species, allows for connectivity between tidewater goby source 
populations from nearby units, supports gene flow, and provides for 
metapopulation dynamics in this region. Although VEN-4 was not 
considered to be occupied at the time of listing, it does possess the 
PCE that could support tidewater goby. On an intermittent basis, VEN-4 
possesses a sandbar across the mouth of the lagoon or estuary during 
the late spring, summer, and fall that closes or partially closes the 
lagoon or estuary, and thereby provides relatively stable conditions 
(PCE 1c). PCE 1a and 1b occur throughout the unit, although their 
precise location during any particular time period may change in 
response to seasonal fluctuations in precipitation and tidal 
inundation.

[[Page 65027]]

LA-1: Arroyo Sequit (1 ac (1 ha))

    This unit is located in Los Angeles County, approximately 7.5 mi 
(12.0 km) northwest of the City of Malibu. The unit encompasses 
approximately 1 ac (1 ha), and consists entirely of State lands. LA-1 
is located 5.0 mi (8 km) south of Big Sycamore Canyon (VEN-4), which is 
the nearest extant population. This unit is outside the geographical 
area occupied by the species at the time of listing, is not known to be 
currently occupied, and there are no historical tidewater goby records 
for this location. However, this unit is essential for the conservation 
of the species because it provides habitat to nearby occupied units and 
is identified in the Recovery Plan as a potential introduction site, 
and could provide habitat for maintaining the tidewater goby 
metapopulation in the region. This unit will provide habitat for 
tidewater goby that disperse from Big Sycamore Creek and the Malibu 
Lagoon, either through natural means or by reintroduction, which may 
serve to decrease the risk of extirpation of this metapopulation 
through stochastic events. This unit would also allow for connectivity 
between tidewater goby source populations, and thereby supports gene 
flow and metapopulation dynamics in this region.
    Although LA-1 is not currently occupied, it does possess the PCE 
that could support tidewater goby. On an intermittent basis, LA-1 
possesses a sandbar across the mouth of the lagoon or estuary during 
the late spring, summer, and fall that closes or partially closes the 
lagoon or estuary, and thereby provides relatively stable conditions 
(PCE 1c). PCE 1a and 1b occur throughout the unit, although their 
precise location during any particular time period may change in 
response to seasonal fluctuations in precipitation and tidal 
inundation.

LA-2: Zuma Canyon (5 ac (2 ha))

    This unit is located in Los Angeles County, approximately 7.5 mi 
(12.0 km) northwest of the City of Malibu. The unit encompasses 
approximately 5 ac (2 ha), and consists entirely of local lands 
administered by Los Angeles County. LA-2 is located 6.8 mi (11 km) 
south of Arroyo Sequit (LA-1), and is separated from the nearest extant 
population to the south, in the Malibu Lagoon (LA-3), by 10.0 mi (16.0 
km). LA-2 is outside the geographical area occupied by the species at 
the time of listing, is not known to be currently occupied, and there 
are no historical tidewater goby records for this location. However, 
this unit is essential for the conservation of the species because it 
provides habitat to nearby occupied units and is identified in the 
Recovery Plan as a potential introduction site, and could provide 
habitat for maintaining the tidewater goby metapopulation in the 
region. This unit will provide habitat for tidewater goby that disperse 
from Big Sycamore Creek and the Malibu Lagoon, either through natural 
means or by introduction, which may serve to decrease the risk of 
extirpation of this metapopulation through stochastic events. This unit 
would also allow for connectivity between tidewater goby source 
populations, and thereby supports gene flow and metapopulation dynamics 
in this region.
    Although LA-2 is not currently occupied, it does possess the PCE 
that could support tidewater goby. On an intermittent basis, LA-2 
possesses a sandbar across the mouth of the lagoon or estuary during 
the late spring, summer, and fall that closes or partially closes the 
lagoon or estuary, and thereby provides relatively stable conditions 
(PCE 1c). PCE 1a and 1b occur throughout the unit, although their 
precise location during any particular time period may change in 
response to seasonal fluctuations in precipitation and tidal 
inundation.

LA-3: Malibu Lagoon (64 ac (27 ha))

    This unit is located in Los Angeles County, approximately 0.6 mi (1 
km) east of Malibu Beach. The unit encompasses approximately 64 ac (27 
ha), and consists of 41 ac (27 ha) of State lands, 1 ac (1 ha) of local 
lands, and 22 ac (9 ha) of private lands. LA-3 is located 6.0 mi (9.6 
km) north of Topanga Canyon (LA-4), which is also the nearest extant 
population. LA-3 was occupied at the time of listing. The tidewater 
goby population in this unit is likely a source population for this 
region, and is therefore important for maintaining the metapopulation 
in this region. Maintaining this unit will also reduce the chance of 
losing the tidewater goby along this portion of the coast. LA-3 
supports one of the two remaining extant populations of tidewater goby 
within Los Angeles County, and both areas supporting these populations 
have been proposed as critical habitat.
    On an intermittent basis, LA-3 possesses a sandbar across the mouth 
of the lagoon or estuary during the late spring, summer, and fall that 
closes or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation. The physical or biological features essential to 
the conservation of the species in this unit may require special 
management considerations or protection to address threats described in 
Table 3. Please see Special Management Considerations or Protection 
section of this rule for a discussion of the threats to tidewater goby 
habitat and potential management considerations.

LA-4: Topanga Creek (6 ac (2 ha))

    This unit is located in Los Angeles County, approximately 5.5 mi 
(8.9 km) northwest of the City of Santa Monica. The unit encompasses 
approximately 6 ac (2 ha), and consists of 4 ac (1 ha) of State lands 
and 2 ac (1 ha) of private lands. LA-4 is located 6.0 mi (9.6 km) south 
of Malibu Creek (LA-3), which is also the nearest extant population. 
This unit is outside the geographical area occupied by the species at 
the time of listing, but is currently occupied. Tidewater goby were 
first detected at this locality in 2001 (Service 2005, p. C-30). 
Tidewater goby in Topanga Canyon are probably derived from fish that 
dispersed from Malibu Creek. This unit is essential for the 
conservation of the species because it allows for connectivity between 
tidewater goby source populations, and thereby supports gene flow and 
metapopulation dynamics in this region. This location is one of the two 
remaining locations in Los Angeles County known to be occupied by 
tidewater goby.
    Although LA-4 was not considered to be occupied at the time of 
listing, it does possess the PCE that could support tidewater goby. On 
an intermittent basis, LA-4 possesses a sandbar across the mouth of the 
lagoon or estuary during the late spring, summer, and fall that closes 
or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation.

OR-1: Aliso Creek (14 ac (5 ha))

    This unit is located in Orange County, within the City of Laguna 
Beach. The unit encompasses approximately 14 ac (6 ha), and consists of 
8 ac (3 ha) of local lands and 6 ac (2 ha) of private lands. OR-1 is 
located 13.5 mi (21.7 km) north of the San Mateo Creek (not proposed as 
critical habitat, see Application of Section 4(a)(3) of the Act--Marine 
Corps Base Camp Pendleton section below), which supports the nearest 
extant population. This unit is outside the

[[Page 65028]]

geographical area occupied by the species at the time of listing, and 
is not known to be currently occupied. OR-1 was last known to be 
occupied in 1978 (Service 2005, p. C-31). However, this unit is 
essential for the conservation of the species because it would allow 
for connectivity and dispersal between tidewater goby source 
populations. This unit is identified in the Recovery Plan as a 
potential reintroduction site. If tidewater goby become established at 
this location, this unit's primary functions would be to ensure 
necessary metapopulation dynamics of tidewater goby and contribute to 
maintaining the genetic diversity of the genetically unique South Coast 
Recovery Unit. OR-1 will support the recovery of the tidewater goby 
populations by serving as an area suitable for reintroduction of 
tidewater goby near the northern extent of the South Coast Recovery 
Unit, and is likely important for maintaining the tidewater goby 
metapopulation in the region. The reason for the extirpation of the 
historical population at this site is unknown.
    Although OR-1 is not currently occupied, it does possess the PCE 
that could support tidewater goby. On an intermittent basis, OR-1 
possesses a sandbar across the mouth of the lagoon or estuary during 
the late spring, summer, and fall that closes or partially closes the 
lagoon or estuary, and thereby provides relatively stable conditions 
(PCE 1c). PCE 1a and 1b occur throughout the unit, although their 
precise location during any particular time period may change in 
response to seasonal fluctuations in precipitation and tidal 
inundation.

SAN-1: San Luis Rey River (56 ac (23 ha))

    This unit is located in San Diego County, within the City of 
Oceanside. The unit encompasses approximately 56 ac (23 ha), and 
consists of 3 ac (1 ha) of State lands, 49 ac (20 ha) of local lands, 
and 4 ac (2 ha) of private lands. SAN-1 is located approximately 2.5 mi 
(4.0 km) south of the Santa Margarita River (not proposed as critical 
habitat; see Application of Section 4(a)(3) of the Act--Marine Corps 
Base Camp Pendleton section below), which supports the nearest known 
extant population. This unit is outside the geographical area occupied 
by the species at the time of listing but is currently occupied. This 
unit is essential for the conservation of the species because it allows 
for connectivity between tidewater goby source populations, and thereby 
supports gene flow and metapopulation dynamics of the genetically 
unique South Coast Recovery Unit. SAN-1 will support the recovery of 
the tidewater goby population along this portion of the coast and may 
help facilitate colonization of currently unoccupied locations to the 
south identified in the Recovery Plan for the species. This unit will 
function as one of the southern extents of the metapopulation complex 
that is essential for the conservation of the species. Unit SAN-1 was 
identified in the Recovery Plan as a potential reintroduction site. 
Prior to 2010, tidewater goby were last detected in this unit in 1958 
(K. Lafferty, University of California Santa Barbara, pers. comm. 
2010). They have since re-colonized this area, presumably from one of 
the occupied areas on MCB Camp Pendleton following a storm event. This 
unit now represents the southernmost occupied area of the species' 
distribution, and is important for maintaining the tidewater goby 
metapopulation in the region.
    Although SAN-1 was not considered to be occupied at the time of 
listing, it does possess the PCE that could support tidewater goby. On 
an intermittent basis, SAN-1 possesses a sandbar across the mouth of 
the lagoon or estuary during the late spring, summer, and fall that 
closes or partially closes the lagoon or estuary, and thereby provides 
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout 
the unit, although their precise location during any particular time 
period may change in response to seasonal fluctuations in precipitation 
and tidal inundation.

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7(a)(2) of the Act requires Federal agencies, including the 
Service, to ensure that any action they fund, authorize, or carry out 
is not likely to jeopardize the continued existence of any endangered 
species or threatened species or result in the destruction or adverse 
modification of designated critical habitat of such species. In 
addition, section 7(a)(4) of the Act requires Federal agencies to 
confer with the Service on any agency action which is likely to 
jeopardize the continued existence of any species proposed to be listed 
under the Act or result in the destruction or adverse modification of 
proposed critical habitat.
    Decisions by the 5th and 9th Circuit Courts of Appeals have 
invalidated our regulatory 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, 442 (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 continue to serve its intended conservation role 
for the species.
    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. Examples of actions that are subject to the 
section 7 consultation process are actions on State, tribal, local, or 
private lands that require 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 the Service under section 10 
of the Act) or that involve some other Federal action (such as funding 
from the Federal Highway Administration, Federal Aviation 
Administration, or the Federal Emergency Management Agency). Federal 
actions not affecting listed species or critical habitat, and actions 
on State, tribal, local, or private lands that are not federally funded 
or authorized, do not require section 7 consultation.
    As a result of section 7 consultation, we document compliance with 
the requirements of section 7(a)(2) 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.
    When we issue a biological opinion concluding that a project is 
likely to jeopardize the continued existence of a listed species and/or 
destroy or adversely modify critical habitat, we provide reasonable and 
prudent alternatives to the project, if any are identifiable, that 
would avoid the likelihood of jeopardy and/or destruction or adverse 
modification of critical habitat. 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;

[[Page 65029]]

    (3) Are economically and technologically feasible; and
    (4) Would, in the Director's opinion, avoid the likelihood of 
jeopardizing the continued existence of the listed species and/or avoid 
the likelihood of 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 sometimes may 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.

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. Activities that may destroy or 
adversely modify critical habitat are those that alter the physical or 
biological features to an extent that appreciably reduces the 
conservation value of critical habitat for tidewater goby. As discussed 
above, the role of critical habitat is to support 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 may affect critical habitat, when carried out, 
funded, or authorized by a Federal agency, should result in 
consultation for the tidewater goby. These activities include, but are 
not limited to:
    (1) Actions such as channelization and water diversion that reduce 
the amount of space available for individual and population growth and 
normal behavior, and reduce or eliminate sites for breeding, 
reproduction, and rearing (or development) of offspring.
    (2) Actions that substantially alter the natural hydrologic regime 
upstream of the designated critical habitat units. These activities 
could include, but are not limited to, ground water pumping or surface 
water diversion activities, construction of impoundments or flood 
control structures, or the release of water in excess of levels that 
historically occurred. Such activities could result in an atypical 
reduction or excess amount of water present in the aquatic habitats 
that tidewater goby occupy, and alter the salinity conditions that 
support this species.
    (3) Actions that substantially alter the channel morphology of the 
designated critical habitat units or the areas up-gradient from these 
units. Such activities may include, but are not limited to, 
channelization projects, road and bridge projects, removal of 
substrates, destruction and alteration of riparian vegetation, 
reduction of available floodplain, and removal of gravel or floodplain 
terrace materials. Such activities could increase water velocities and 
flush large numbers of tidewater goby into the ocean, especially during 
flood events.
    (4) Actions that result in the discharge of agricultural and sewage 
effluents, or chemical or biological pollutants, into the aquatic 
habitats where tidewater goby occur. Such activities have the ability 
to degrade the water quality where tidewater goby live, introduce toxic 
substances that can poison individual fish, adversely affect fish 
immune systems, and decrease the amount of oxygen in aquatic habitats 
where the species occurs.
    (5) Actions that cause atypical levels of sedimentation in coastal 
wetland habitats or remove vegetative cover that stabilizes stream 
banks. Such activities could include, but are not limited to, grazing 
or mining activities, road construction projects, off-road vehicle use, 
and other watershed and floodplain disturbance activities. Such 
activities have the potential to alter the amount and composition of 
the substrate in the habitats where tidewater goby occur, and thereby 
affect the species' ability to construct breeding burrows.
    (6) Actions that result in the artificial breaching of lagoon 
habitats. Such activities can reduce the amount of space available for 
individual and population growth; strand and desiccate tidewater goby 
adults, fry, or eggs; and increase the risk of predation by native or 
non-native predators as tidewater goby become concentrated and exposed 
as water levels drop.
    (7) Actions that create barriers that prevent tidewater goby from 
accessing areas they would normally be able to access. These 
activities, which may include, but are not limited to, water 
diversions, road crossings, and sills, can reduce the amount of space 
available for individual and population growth, and reduce the number 
and extent of sites for breeding, reproduction, and rearing (or 
development) of offspring.

Exemptions

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

    The Sikes Act Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a) 
required each military installation that includes land and water 
suitable for the conservation and management of natural resources to 
complete an integrated natural resources management plan (INRMP) by 
November 17, 2001. An INRMP integrates implementation of the military 
mission of the installation with stewardship of the natural resources 
found on the base. Each INRMP includes:
    (1) An assessment of the ecological needs on the installation, 
including the need to provide for the conservation of listed species;
    (2) A statement of goals and priorities;
    (3) A detailed description of management actions to be implemented 
to provide for these ecological needs; and
    (4) A monitoring and adaptive management plan.
    Among other things, each INRMP must, to the extent appropriate and 
applicable, provide for fish and wildlife management; fish and wildlife 
habitat enhancement or modification; wetland protection, enhancement, 
and restoration where necessary to support fish and wildlife; and 
enforcement of applicable natural resource laws.
    The 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.''

[[Page 65030]]

    We consult with the military on the development and implementation 
of INRMPs for installations with listed species. We analyzed INRMPs 
developed by military installations located within the range of the 
proposed revised critical habitat designation for tidewater goby to 
determine if they are exempt under section 4(a)(3) of the Act.
Approved INRMPs
    VAFB and MCB Camp Pendleton have approved INRMPs. The U.S. Air 
Force and Marine Corps (on VAFB and MCB Camp Pendleton, respectively) 
committed to working closely with us and California Department of Fish 
and Game (CDFG) (as well as CDPR) with regards to lands leased by MCB 
Camp Pendleton to continually refine the existing INRMPs as part of the 
Sikes Act's INRMP review process. Based on our review of the INRMPs for 
these military installations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the lands within 
these installations identified as meeting the definition of critical 
habitat are subject to the INRMPs, and that conservation efforts 
identified in these INRMPs will provide a benefit to the tidewater goby 
(see the following sections that detail this determination for each 
installation). Therefore, lands within these installations are exempt 
from critical habitat designation under section 4(a)(3)(B) of the Act. 
We are not including approximately 727 ac (294 ha) of habitat on 
Vandenberg Air Force Base, and approximately 989 ac (400 ha) of habitat 
on MCB Camp Pendleton, in this proposed revised critical habitat 
designation because of this exemption.
    Table 4 below provides approximate areas (ac, ha) of lands that 
meet the definition of critical habitat, but are exempt from 
designation under section 4(a)(3)(B) of the Act.


 Table 4--Exemptions From Proposed Critical Habitat Designation for the Tidewater Goby Under Section 4(a)(3) of
                                                     the Act
----------------------------------------------------------------------------------------------------------------
                                                                   Areas Meeting the
                                                                 Definition of Critical  Areas Exempted in Acres
                         Specific area                              Habitat in Acres            (Hectares)
                                                                       (Hectares)
----------------------------------------------------------------------------------------------------------------
Shuman Canyon.................................................                   16 (7)                   16 (7)
San Antonio Creek.............................................                  63 (25)                  63 (25)
Santa Ynez River..............................................                638 (258)                638 (258)
Ca[ntilde]ada Honda...........................................                    4 (2)                    4 (2)
Jalama Creek..................................................                    6 (2)                    6 (2)
San Mateo Creek...............................................                  73 (30)                  73 (30)
San Onofre Creek..............................................                   20 (8)                   20 (8)
Las Flores/Las Pulgas Creek...................................                  36 (14)                  36 (14)
Hidden Lagoon.................................................                  39 (16)                  39 (16)
Aliso Canyon..................................................                  65 (26)                  65 (26)
French Lagoon.................................................                  60 (24)                  60 (24)
Cockleburr Canyon.............................................                  74 (30)                  74 (30)
Santa Margarita River.........................................                789 (319)                789 (319)
                                                               -------------------------------------------------
    Totals....................................................              1,833 (761)              1,833 (761)
----------------------------------------------------------------------------------------------------------------

Vandenberg Air Force Base
    VAFB is headquarters for the 30th Space Wing, the Air Force's Space 
Command unit that operates VAFB and the Western Test Range/Pacific 
Missile Range. VAFB operates as an aerospace center supporting west 
coast launch activities for the Air Force, Department of Defense, 
National Aeronautics and Space Administration, and commercial 
contractors. The three primary operational missions of VAFB are to 
launch, place, and track satellites in near-polar orbit; to test and 
evaluate the intercontinental ballistic missile systems; and to support 
aircraft operations in the western range. VAFB lies on the south-
central California coast, approximately 275 mi (442 km) south of San 
Francisco, 140 mi (225 km) northwest of Los Angeles, and 55 mi (88 km) 
northwest of Santa Barbara. The 99,100 ac (40,104 ha) base extends 
along approximately 42 mi (67 km) of Santa Barbara County coast, and 
varies in width from 5 to 15 mi (8 to 24 km).
    The VAFB INRMP was prepared to provide strategic direction to 
ecosystem and natural resources management on VAFB. The long-term goal 
of the INRMP is to integrate all management activities in a manner that 
sustains, promotes, and restores the health and integrity of VAFB 
ecosystems using an adaptive management approach. The INRMP was 
designed to: (1) Summarize existing management plans and natural 
resources literature pertaining to VAFB; (2) identify and analyze 
management goals in existing plans; (3) integrate the management goals 
and objectives of individual plans; (4) support base compliance with 
applicable regulatory requirements; (5) support the integration of 
natural resource stewardship with the Air Force mission; and (6) 
provide direction for monitoring strategies.
    VAFB completed an INRMP in 2011, which benefits tidewater goby by: 
(1) Avoiding tidewater goby and their habitat, whenever possible, in 
project planning; (2) scheduling activities that may affect tidewater 
goby outside of the peak breeding period (March to July); (3) 
coordinating with VAFB water quality staff to prevent degradation and 
contamination of aquatic habitats; and (4) prohibiting the introduction 
of nonnative fishes into streams on-base (VAFB 2011, Tab D, p. 15). 
Furthermore, VAFB's environmental staff reviews projects and enforces 
existing regulations and orders that, through their implementation, 
avoid and minimize impacts to natural resources, including tidewater 
goby and their habitat. In addition, VAFB's INRMP protects aquatic 
habitats for the tidewater goby by excluding cattle from wetlands and 
riparian areas through the installation and maintenance of fencing.
    Habitat features essential to the conservation of the tidewater 
goby exist on VAFB, and activities occurring on VAFB are currently 
being conducted in a manner that minimizes impacts to tidewater goby 
habitat. This military installation has an approved INRMP that provides 
a benefit to the tidewater goby, and VAFB has committed to work closely 
with the Service and the CDFG to continually refine their existing

[[Page 65031]]

INRMP as part of the Sikes Act's INRMP review process. Therefore, based 
on the above considerations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that conservation efforts 
identified in the 2011 INRMP for VAFB provide a benefit to the 
tidewater goby and its habitat. This includes habitat located in the 
following areas: Shuman Canyon, San Antonio Creek, Santa Ynez River, 
Ca[ntilde]ada Honda, and Jalama Creek. Therefore, lands subject to the 
INRMP for VAFB, which includes the lands leased from the Department of 
Defense by other parties, are exempt from critical habitat designation 
under section 4(a)(3)(B) of the Act, and we are not including 
approximately 727 ac (294 ha) of habitat in this proposed revised 
critical habitat designation because of this exemption.
Marine Corps Base Camp Pendleton
    MCB Camp Pendleton is the Marine Corps' premier amphibious training 
installation, and its only west coast amphibious assault training 
center. The installation has been conducting air, sea, and ground 
assault training since World War II. MCB Camp Pendleton occupies over 
125,000 ac (50,586 ha) of coastal southern California in the northwest 
corner of San Diego County. Aside from nearly 10,000 ac (4,047 ha) that 
are developed, most of the installation consists of undeveloped land 
used for training. MCB Camp Pendleton is situated between two major 
metropolitan areas: Los Angeles, 82 mi (132 km) to the north, and San 
Diego, 38 mi (61 km) to the south. Nearby communities include Oceanside 
to the south, Fallbrook to the east, and San Clemente to the northwest. 
Aside from a portion of the installation's border that is shared with 
the San Mateo Wilderness Area and the Fallbrook Naval Weapons Station, 
the surrounding land use is urban development, rural residential 
development, and agricultural farming and ranching. The largest single 
leaseholder on the installation is California State Parks, which 
includes a 50-year real estate lease granted on September 1, 1971, for 
2,000 ac (809 ha) that encompass San Onofre State Beach.
    The MCB Camp Pendleton INRMP is a planning document that guides the 
management and conservation of natural resources under the 
installation's control. The INRMP was prepared to assist installation 
staff and users in their efforts to conserve and rehabilitate natural 
resources consistent with the use of MCB Camp Pendleton to train 
Marines and set the agenda for managing natural resources on MCB Camp 
Pendleton. MCB Camp Pendleton completed its INRMP in 2001, followed by 
a revised and updated version in 2007 to address conservation and 
management recommendations within the scope of the installation's 
military mission, including conservation measures for tidewater goby 
(MCB Camp Pendleton 2007, Appendix F, Section F.22, pp. F-78-F-85). 
Additionally, according to the 2007 INRMP, California State Parks is 
required to conduct its natural resources management consistent with 
the philosophies and objectives of the revised 2007 INRMP (MCB Camp 
Pendleton 2007, Chapter 2, p. 31).
    Tidewater goby receives programmatic protection from training and 
other installation activities within the estuarine component of its 
habitat, as outlined and required in both the Estuarine and Beach 
Ecosystem Conservation Plan and the Riparian Ecosystem Conservation 
Plan (MCB Camp Pendleton 2007, Appendices B and C, respectively). 
Management and protection measures that benefit tidewater goby 
identified in Appendix B of the INRMP include, but are not limited to, 
the following: (1) Maintaining connectivity of beach and estuarine 
ecosystems with riparian and upland ecosystems; (2) promoting natural 
hydrological processes to maintain estuarine water quality and 
quantity; (3) maximizing the probability of tidewater goby 
metapopulation existence within the lagoon complex (MCB Camp Pendleton 
2007, Appendix B, pp. B5-B7). Management and protection measures that 
benefit tidewater goby identified in Appendix C of the INRMP include, 
but are not limited to, the following: (1) Eliminating nonnative 
invasive species (such as Arundo donax (giant reed)) on the 
installation and off the installation in partnership with upstream 
landowners to enhance ecosystem value; (2) providing viable riparian 
corridors and promoting connectivity of native riparian habitats; (3) 
providing for unimpeded hydrologic and sedimentary floodplain dynamics 
to support the maintenance and enhancement of biota; (4) maintaining 
natural floodplain processes and extent of these areas by avoiding and 
minimizing further permanent loss of floodplain habitats; (5) 
maintaining to the maximum extent possible natural flood regimes; (6) 
maintaining to the extent practicable stream and river flows needed to 
support riparian habitat; (7) monitoring and maintaining groundwater 
levels and basin withdrawals to avoid loss and degradation of habitat 
quality; (8) restoring areas to their original condition after 
disturbance, such as following project construction or fire damage; and 
(9) promoting increased tidewater goby populations in watersheds 
through perpetuation of natural ecosystem processes and programmatic 
instruction application for avoidance and minimization of impacts (MCB 
Camp Pendleton 2007, Appendix C, pp. C5-C8).
    Current environmental regulations and restrictions apply to all 
threatened and endangered species on the installation (including 
tidewater goby) and are provided to all users of ranges and training 
areas to guide activities and protect the species and its habitat. 
First, specific conservation measures are applied to tidewater goby and 
its habitat that include: (1) Controlling nonnative animal species 
(such as bullfrogs) and nonnative plant species (such as Arundo donax 
and Rorippa spp. (watercress)); and (2) restricting military-related 
traffic use within riparian areas to existing roads, trails, and 
crossings. Second, MCB Camp Pendleton's environmental security staff 
review projects and enforce existing regulations and orders that, 
through their implementation, avoid and minimize impacts to natural 
resources, including tidewater goby and its habitat. Third, MCB Camp 
Pendleton provides training to personnel on environmental awareness for 
sensitive resources on the base, including tidewater goby and its 
habitat. As a result of these regulations and restrictions, activities 
occurring on MCB Camp Pendleton are currently conducted in a manner 
that minimizes impacts to tidewater goby habitat.
    MCB Camp Pendleton's INRMP also benefits tidewater goby through 
ongoing monitoring and research efforts. The installation conducts 
monitoring of tidewater goby populations at least once every 3 years, 
and also conducts monitoring to determine impacts of relocation of 
effluent infiltration ponds (MCB Camp Pendleton 2007, Appendix B, p. 
B8). Data are provided to all necessary personnel through MCB Camp 
Pendleton's GIS database on sensitive resources and in their published 
resource atlas. Additionally, MCB Camp Pendleton collaborated with the 
U.S. Geological Survey's Biological Resources Division to develop and 
implement a rigorous science-based monitoring protocol for tidewater 
goby populations throughout the installation, including monitoring 
water quality variables at all historically occupied sites regardless 
of current occupation status (Lafferty 2010, pp. 10-11).
    Based on the above considerations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have

[[Page 65032]]

determined that conservation efforts identified in the 2007 INRMP for 
MCB Camp Pendleton provide a benefit to tidewater goby and its habitat. 
This includes habitat located in the following areas: San Mateo Creek, 
San Onofre Creek, Las Flores/Las Pulgas Creek, Hidden Lagoon, Aliso 
Canyon, French Lagoon, Cockleburr Canyon, and Santa Margarita River 
(names of areas follow those used in the Recovery Plan (Service 2005, 
pp. B21-22)). Therefore, lands subject to the INRMP for MCB Camp 
Pendleton, which includes the lands leased from the Department of 
Defense by other parties, are exempt from critical habitat designation 
under section 4(a)(3)(B) of the Act, and we are not including 
approximately 989 ac (400 ha) of habitat in this proposed revised 
critical habitat designation because of this exemption.

Exclusions

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

    Section 4(b)(2) of the Act states that the Secretary shall 
designate and make revisions to critical habitat on the basis of the 
best available scientific data after taking into consideration the 
economic impact, national security impact, and any other relevant 
impact of specifying any particular area as critical habitat. The 
Secretary may exclude an area from critical habitat if he determines 
that the benefits of such exclusion outweigh the benefits of specifying 
such area as part of the critical habitat, unless he determines, based 
on the best scientific data available, that the failure to designate 
such area as critical habitat will result in the extinction of the 
species. In making that determination, the statute on its face, as well 
as the legislative history, are clear that the Secretary has broad 
discretion regarding which factor(s) to use and how much weight to give 
to any factor.
    Under section 4(b)(2) of the Act, we may exclude an area from 
designated critical habitat based on economic impacts, impacts on 
national security, or any other relevant impacts. In considering 
whether to exclude a particular area from the designation, we must 
identify the benefits of including the area in the designation, 
identify the benefits of excluding the area from the designation, and 
determine whether the benefits of exclusion outweigh the benefits of 
inclusion. If the analysis indicates that the benefits of exclusion 
outweigh the benefits of inclusion, the Secretary may exercise his 
discretion to exclude the area only if such exclusion would not result 
in the extinction of the species.
Exclusions Based on Economic Impacts
    Under section 4(b)(2) of the Act, we consider the economic impacts 
of specifying any particular area as critical habitat. In order to 
consider economic impacts, we are preparing an analysis of the economic 
impacts of the proposed critical habitat designation and related 
factors.
    On January 9, 2008, a final analysis of the potential economic 
effects of the November 26, 2006, proposed revised designation (71 FR 
68914) was completed, taking into consideration public comments and any 
new information. The economic analysis considered the potential 
economic effects of actions relating to the conservation of the 
tidewater goby, including costs associated with sections 4, 7, and 10 
of the Act, and including those attributable to the designation of 
critical habitat. It further considered the economic effects of 
protective measures taken as a result of other Federal, State, and 
local laws that aid habitat conservation for the tidewater goby in 
areas containing features essential to the conservation of the species. 
The analysis considered both economic efficiency and distributional 
effects. In the case of habitat conservation, efficiency effects 
generally reflect the ``opportunity costs'' associated with the 
commitment of resources to comply with habitat protection measures 
(such as lost economic opportunities associated with restrictions on 
land use).
    The September 25, 2007, Federal Register notice (72 FR 54411) 
provided a detailed economics section for the areas proposed as 
critical habitat for the tidewater goby. The analysis estimated post-
designation costs associated with conservation efforts for the 
tidewater goby to be approximately $25 million (undiscounted) over the 
next 20 years (2007 to 2026) as a result of the proposed revised 
designation of critical habitat. Discounted future costs were estimated 
to be approximately $22 million ($1.5 million annualized) at a 3 
percent discount rate or approximately $20 million ($1.8 million 
annualized) at a 7 percent discount rate.
    Appendix B of the final economic analysis estimated the potential 
incremental impacts of critical habitat designation for the tidewater 
goby. It did so by attempting to isolate those direct and indirect 
impacts that are expected to be triggered specifically by the critical 
habitat designation. The incremental conservation efforts and 
associated impacts included in Appendix B would not be expected to 
occur absent the designation of critical habitat for the tidewater 
goby. Total present value potential incremental impacts were estimated 
to be $206,000 discounted at 3 percent. All other impacts quantified in 
the final economic analysis were considered baseline impacts, and were 
not expected to be affected by the critical habitat designation.
    We will announce the availability of the revised draft economic 
analysis for this proposal as soon as it is completed, at which time we 
will seek public review and comment. At that time, copies of the draft 
economic analysis will be available for downloading from the Internet 
at http://www.regulations.gov, or by contacting the Ventura Fish and 
Wildlife Office directly (see FOR FURTHER INFORMATION CONTACT section). 
During the development of a final designation, we will consider 
economic impacts, public comments, and other new information, and areas 
that may be excluded from the final critical habitat designation under 
section 4(b)(2) of the Act and our implementing regulations at 50 CFR 
424.19.
Exclusions Based on National Security Impacts
    Under section 4(b)(2) of the Act, we consider whether there are 
lands owned or managed by the Department of Defense where a national 
security impact might exist. In preparing this proposal, we have 
determined that the lands within the proposed designation of critical 
habitat for tidewater goby are not owned or managed by the Department 
of Defense, and, therefore, we anticipate no impact on national 
security. Consequently, the Secretary is not currently considering 
exercising his discretion to exclude any areas from the final 
designation based on impacts on national security.
Exclusions Based on Other Relevant Impacts
    Under section 4(b)(2) of the Act, we consider any other relevant 
impacts in addition to economic impacts and impacts on national 
security. We consider a number of factors, including whether the 
landowners have developed any HCPs or other management plans for the 
area, or whether there are conservation partnerships that would be 
encouraged by designation of, or exclusion from, critical habitat. In 
addition, we look at any tribal issues, and consider the government-to-
government relationship of the United States with tribal entities. We 
also consider any social impacts that might occur because of the 
designation.

[[Page 65033]]

    In preparing this proposal, we have determined that there are 
currently no HCPs or other management plans for tidewater goby, and the 
proposed revised designation does not include any tribal lands or trust 
resources. We anticipate no impact on tribal lands, partnerships, or 
HCPs from this proposed critical habitat designation. Accordingly, the 
Secretary is not currently considering exercising his discretion to 
exclude any areas from the final designation based on other relevant 
impacts.

Peer Review

    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), we will seek the expert 
opinions of at least three appropriate and independent specialists 
regarding this proposed rule. The purpose of peer review is to ensure 
that our critical habitat designation is based on scientifically sound 
data, assumptions, and analyses. We will invite these peer reviewers to 
comment during this public comment period on our specific assumptions 
and conclusions in this proposed designation of critical habitat.
    We will consider all comments and information we receive during 
this comment period on this proposed rule during our preparation of a 
final determination. Accordingly, the final decision may differ from 
this proposal.

Public Hearings

    Section 4(b)(5) of the Act provides for one or more public hearings 
on this proposal, if requested. Requests must be received within 45 
days after the date of publication of this proposed rule in the Federal 
Register. Such requests must be sent to the address shown in the 
ADDRESSES section. We will schedule public hearings on this proposal, 
if any are requested, and announce the dates, times, and places of 
those hearings, as well as how to obtain reasonable accommodations, in 
the Federal Register and local newspapers at least 15 days before the 
hearing.

Required Determinations

Regulatory Planning and Review--Executive Order 12866

    The Office of Management and Budget (OMB) has determined that this 
proposed rule is not significant and has not reviewed this proposed 
rule under Executive Order 12866 (Regulatory Planning and Review). 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 must publish 
a notice of rulemaking for any proposed or final rule, it must prepare 
and make available for public comment a regulatory flexibility analysis 
that describes the effects of the rule on small entities (small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
the 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.
    We will prepare a new economic analysis for this proposed revised 
critical habitat designation for the tidewater goby. At this time, we 
lack the available economic information necessary to provide an 
adequate factual basis for the required RFA finding. Therefore, we 
defer the RFA finding until completion of the draft economic analysis 
prepared under section 4(b)(2) of the Act and Executive Order 12866. 
This draft economic analysis will provide the required factual basis 
for the RFA finding. Upon completion, we will announce availability of 
the draft economic analysis of the proposed designation in the Federal 
Register and reopen the public comment period for the proposed 
designation. We will include with this announcement, as appropriate, an 
initial regulatory flexibility analysis or a certification that the 
rule will not have a significant economic impact on a substantial 
number of small entities accompanied by the factual basis for that 
determination.
    An analysis of the economic impacts of the 2006 proposed revised 
critical habitat designation was made available to the public on 
September 25, 2007 (72 FR 54411), and finalized in the final rule to 
designate critical habitat published in the Federal Register on January 
31, 2008 (73 FR 5920). In our economic analysis of that designation (73 
FR 5920, p. 5951), we evaluated small business entities in five 
categories: Water management, grazing, transportation, natural resource 
management, and oil and gas pipeline construction and maintenance. 
Based on the results of the analysis, incremental impacts are 
associated with additional administrative costs of section 7 
consultations in water management, transportation, natural resource 
management, and oil and gas pipeline construction and maintenance. No 
additional project modification costs were expected to result from the 
designation. All impacts quantified in our economic analysis, other 
than the incremental portion of administrative costs, were forecasted 
to occur regardless of critical habitat designation for the tidewater 
goby. Additional administrative costs resulting from this designation 
were expected to be borne by various public agencies, including the 
Service, the U.S. Army Corps of Engineers, California State 
departments, and various California city and county governments; 
however, none of these qualified as small entities. Del Norte County, 
which was the only county containing proposed critical habitat that 
qualified as a small entity, was not expected to bear any incremental 
impacts of tidewater goby conservation from the critical habitat 
designation. Therefore, this analysis did not anticipate any impacts to 
small entities. However, the economic analysis prepared for the 2008 
critical habitat designation does not accurately reflect the full range 
of potential economic impacts that may result from this proposed 
revision to tidewater goby critical habitat.
    We have concluded that deferring the RFA finding until completion 
of the draft economic analysis is necessary to meet the purposes and 
requirements of the RFA. Deferring the RFA finding in this manner will 
ensure that we make a sufficiently informed determination based on 
adequate economic information and provide the necessary opportunity for 
public comment.

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

    Executive Order 13211 (Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use) requires 
agencies to prepare Statements of Energy Effects

[[Page 65034]]

when undertaking certain actions. Based on an analysis conducted for 
the previous designation of critical habitat and extrapolated to this 
designation, along with a further analysis of the additional areas 
included in this revision, we have determined that this proposed rule 
to revise critical habitat for the tidewater goby 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. However, we will further evaluate this 
issue as we conduct our economic analysis, and review and revise this 
assessment as warranted.

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 tribal governments'' with two 
exceptions. It excludes ``a condition of Federal assistance.'' It also 
excludes ``a duty arising from participation in a voluntary Federal 
program,'' unless the regulation ``relates to a then-existing Federal 
program under which $500,000,000 or more is provided annually to State, 
local, and tribal governments under entitlement authority,'' if the 
provision would ``increase the stringency of conditions of assistance'' 
or ``place caps upon, or otherwise decrease, the Federal Government's 
responsibility to provide funding,'' and the State, local, or tribal 
governments ``lack authority'' to adjust accordingly. At the time of 
enactment, these entitlement programs were: Medicaid; Aid to Families 
with Dependent Children 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 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. 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) Based in part on an analysis conducted for the previous 
designation of critical habitat and extrapolated to this designation, 
we do not expect this rule to significantly or uniquely affect small 
governments. Small governments will be affected only to the extent that 
any programs having Federal funds, permits, or other authorized 
activities must ensure that their actions will not adversely affect the 
critical habitat. Therefore, a Small Government Agency Plan is not 
required. However, as we conduct our economic analysis for the revised 
rule, we will further evaluate this issue and revise this assessment if 
appropriate.

Takings--Executive Order 12630

    In accordance with Executive Order 12630 (``Government Actions and 
Interference with Constitutionally Protected Private Property 
Rights''), this rule is not anticipated to have significant takings 
implications. As discussed above, the designation of critical habitat 
affects only Federal actions. Although private parties that receive 
Federal funding, or assistance, or 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. Due to current public knowledge of the species 
protections both within and outside of the proposed areas, we do not 
anticipate that property values would be affected by the critical 
habitat designation. However, we have not yet completed the economic 
analysis for this proposed rule. Once the economic analysis is 
available, we will review and revise this preliminary assessment as 
warranted, and prepare a Takings Implication Assessment.

Federalism--Executive Order 13132

    In accordance with Executive Order 13132 (Federalism), this 
proposed 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 proposed 
critical habitat designation with appropriate State resource agencies 
in California. The designation of critical habitat in areas currently 
occupied by the tidewater goby may impose nominal additional regulatory 
restrictions to those currently in place and, therefore, may have 
little incremental impact on State and local governments and their 
activities. The designation may have some benefit to these governments 
because the areas that contain the physical or biological features 
essential to the conservation of the species are more clearly defined, 
the elements of the features of the habitat necessary to the 
conservation of the species are specifically identified, and the areas 
that are otherwise essential for the conservation of the species are 
also identified. This information does not alter where and what 
federally sponsored activities may occur. However, it may assist local 
governments in long-range planning (rather than having them 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 Executive Order 12988 (Civil Justice Reform), 
the Office of the Solicitor has determined that the rule does not 
unduly burden the judicial

[[Page 65035]]

system and that it meets the requirements of sections 3(a) and 3(b)(2) 
of the Order. We have proposed designating critical habitat in 
accordance with the provisions of the Act. This proposed rule uses 
standard property descriptions and identifies the elements of physical 
or biological features essential to the conservation of the tidewater 
goby within the designated areas to assist the public in understanding 
the habitat needs of the species.

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 (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 pursuant to the National Environmental Policy 
Act (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)).

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;
    (4) Be divided into short sections and sentences; and
    (5) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you feel lists or tables would be 
useful, etc.

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), Executive Order 13175 (Consultation and 
Coordination With Indian Tribal Governments), 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 that meet the definition of critical habitat. Therefore, we are 
not proposing to designate critical habitat for the tidewater goby on 
tribal lands.

References Cited

    A complete list of references cited is available on the Internet at 
http://www.regulations.gov and upon request from the Ventura Field 
Office (see FOR FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this package are the staff members of the 
Ventura Fish and Wildlife Office.

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

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

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

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

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

    2. In Sec.  17.95(e), revise the entry for ``Tidewater Goby 
(Eucyclogobius newberryi)'' under ``FISHES'' to read as follows:


Sec.  17.95  Critical habitat--fish and wildlife.

* * * * *
    (e) Fishes.
* * * * *
Tidewater Goby (Eucyclogobius newberryi)
    (1) Critical habitat units are depicted for Del Norte, Humboldt, 
Mendocino, Sonoma, Marin, San Mateo, Santa Cruz, Monterey, San Luis 
Obispo, Santa Barbara, Ventura, Los Angeles, Orange, and San Diego 
Counties, California, on the maps below.
    (2) Within these areas, the primary constituent element of the 
physical or biological features essential to the conservation of 
tidewater goby consists of persistent, shallow (in the range of 
approximately 0.3 to 6.6 ft (0.1 to 2 m)), still-to-slow-moving 
lagoons, estuaries, and coastal streams ranging in salinity from 0.5 
ppt to 12 ppt, which provide adequate space for normal behavior and 
individual and population growth, that contain:
    (i) Substrates (e.g., sand, silt, mud) suitable for the 
construction of burrows for reproduction;
    (ii) Submerged and emergent aquatic vegetation, such as Potamogeton 
pectinatus, Ruppia maritima, Typha latifolia,and Scirpus spp., that 
provides protection from predators and high flow events; or
    (iii) Presence of a sandbar(s) across the mouth of a lagoon or 
estuary during the late spring, summer, and fall that closes or 
partially closes the lagoon or estuary, thereby providing relatively 
stable water levels and salinity.
    (3) Critical habitat does not include manmade structures (such as 
buildings, aqueducts, runways, roads, and other paved areas), and the 
land on which they are located, existing within the legal boundaries on 
the effective date of this rule.
    (4) Critical habitat map units. Data layers defining map units were 
created for most units using National Wetlands Inventory (NWI) data 
(both published data available over the Internet and in-publication 
provisional data). Where NWI data was lacking, unit boundaries were 
digitized directly on imagery from the Department of Agriculture's 
National Aerial Imagery Program data (NAIP) acquired in 2005. NAIP and 
NWI data were projected to Universal Transverse Mercator (UTM), zones 
10

[[Page 65036]]

and 11, on the North American Datum of 1983.
    (5)  Note: Index map of critical habitat units for tidewater goby 
(Eucyclogobius newberryi) in Northern California, follows:
BILLING CODE 4310-55-P
[GRAPHIC] [TIFF OMITTED] TP19OC11.000


[[Page 65037]]


    (6) Note: Index map of critical habitat units for tidewater goby 
(Eucyclogobius newberryi) in Southern California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.001


[[Page 65038]]


    (7) Unit DN-1: Tillas Slough, Del Norte County, California.
    (i) [Reserved for textual description of Unit DN-1: Tillas Slough, 
Del Norte County, California]
    (ii) Note: Map of Unit DN-1: Tillas Slough, Del Norte County, 
California, is depicted on the map in paragraph (8)(ii) of this entry.
    (8) Unit DN-2: Lake Earl/Lake Tolowa, Del Norte County, California.
    (i) [Reserved for textual description of Unit DN-2: Lake Earl/Lake 
Tolowa, Del Norte County, California]
    (ii) Note: Map of Unit DN-1: Tillas Slough and Unit DN-2: Lake 
Earl/Lake Tolowa, Del Norte County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.002


[[Page 65039]]


    (9) Unit HUM-1: Stone Lagoon, Humboldt County, California.
    (i) [Reserved for textual description of Unit HUM-1: Stone Lagoon, 
Humboldt County, California]
    (ii) Note: Map of Unit HUM-1: Stone Lagoon, Humboldt County, 
California, is depicted on the map in paragraph (10)(ii) of this entry.
    (10) Unit HUM-2: Big Lagoon, Humboldt County, California.
    (i) [Reserved for textual description of Unit HUM-2: Big Lagoon, 
Humboldt County, California]
    (ii) Note: Map of Unit HUM-1: Stone Lagoon and Unit HUM-2: Big 
Lagoon, Humboldt County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.003


[[Page 65040]]


    (11) Unit HUM-3: Humboldt Bay, Humboldt County, California.
    (i) [Reserved for textual description of Unit HUM-3: Humboldt Bay, 
Humboldt County, California]
    (ii) Note: Map of Unit HUM-3: Humboldt Bay, Humboldt County, 
California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.004


[[Page 65041]]


    (12) Unit HUM-4: Eel River, Humboldt County, California.
    (i) [Reserved for textual description of Unit HUM-4: Eel River, 
Humboldt County, California]
    (ii) Note: Map of Unit HUM-4: Eel River, Humboldt County, 
California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.005


[[Page 65042]]


    (13) Unit MEN-1: Ten Mile River, Mendocino County, California.
    (i) [Reserved for textual description of Unit MEN-1: Ten Mile 
River, Mendocino County, California]
    (ii) Note: Map of Unit MEN-1: Ten Mile River, Mendocino County, 
California, is depicted on the map in paragraph (15)(ii) of this entry.
    (14) Unit MEN-2: Virgin Creek, Mendocino County, California.
    (i) [Reserved for textual description of Unit MEN-2: Virgin Creek, 
Mendocino County, California]
    (ii) Note: Map of Unit MEN-2: Virgin Creek, Mendocino County, 
California, is depicted on the map in paragraph (15)(ii) of this entry.
    (15) Unit MEN-3: Pudding Creek, Mendocino County, California.
    (i) [Reserved for textual description of Unit MEN-3: Pudding Creek, 
Mendocino County, California]
    (ii) Note: Map of Unit MEN-1: Ten Mile River, Unit MEN-2: Virgin 
Creek, and Unit MEN-3: Pudding Creek, Mendocino County, California, 
follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.006


[[Page 65043]]


    (16) Unit MEN-4: Davis Lake/Manchester State Park Ponds, Mendocino 
County, California.
    (i) [Reserved for textual description of Unit MEN-4: Davis Lake/
Manchester State Park Ponds, Mendocino County, California]
    (ii) Note: Map of Unit MEN-4: Davis Lake/Manchester State Park 
Ponds, Mendocino County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.007


[[Page 65044]]


    (17) Unit SON-1: Salmon Creek, Sonoma County, California.
    (i) [Reserved for textual description of Unit SON-1: Salmon Creek, 
Sonoma County, California]
    (ii) Note: Map of Unit SON-1: Salmon Creek, Sonoma County, 
California, is depicted on the map in paragraph (21)(ii) of this entry.
    (18) Unit MAR-1: Estero Americano, Marin County, California.
    (i) [Reserved for textual description of Unit MAR-1: Estero 
Americano, Marin County, California]
    (ii) Note: Map of Unit MAR-1: Estero Americano, Marin County, 
California, is depicted on the map in paragraph (21)(ii) of this entry.
    (19) Unit MAR-2: Estero De San Antonio, Marin County, California.
    (i) [Reserved for textual description of Unit MAR-2: Estero De San 
Antonio, Marin County, California]
    (ii) Note: Map of Unit MAR-2: Estero De San Antonio, Marin County, 
California, is depicted on the map in paragraph (21)(ii) of this entry.
    (20) Unit MAR-3: Walker Creek, Marin County, California.
    (i) [Reserved for textual description of Unit MAR-3: Walker Creek, 
Marin County, California]
    (ii) Note: Map of Unit MAR-3: Walker Creek, Marin County, 
California, is depicted on the map in paragraph (21)(ii) of this entry.
    (21) Unit MAR-4: Lagunitas (Papermill) Creek, Marin County, 
California.
    (i) [Reserved for textual description of Unit MAR-4: Lagunitas 
(Papermill) Creek, Marin County, California]
    (ii) Note: Map of Unit SON-1: Salmon Creek, Sonoma County, 
California, Unit MAR-1: Estero Americano, Unit MAR-2: Estero De San 
Antonio, Unit MAR-3: Walker Creek, and Unit MAR-4: Lagunitas Creek, 
Marin County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.008


[[Page 65045]]


    (22) Unit MAR-5: Bolinas Lagoon, Marin County, California.
    (i) [Reserved for textual description of Unit MAR-5: Bolinas 
Lagoon, Marin County, California]
    (ii) Note: Map of Unit MAR-5: Bolinas Lagoon, Marin County, 
California, is depicted on the map in paragraph (23)(ii) of this entry.
    (23) Unit MAR-6: Rodeo Lagoon, Marin County, California.
    (i) [Reserved for textual description of Unit MAR-6: Rodeo Lagoon, 
Marin County, California]
    (ii) Note: Map of Unit MAR-5: Bolinas Lagoon, and Unit MAR-6: Rodeo 
Lagoon, Marin County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.009


[[Page 65046]]


    (24) Unit SM-1: San Gregorio Creek, San Mateo County, California.
    (i) [Reserved for textual description of Unit SM-1: San Gregorio 
Creek, San Mateo County, California]
    (ii) Note: Map of Unit SM-1: San Gregorio Creek, San Mateo County, 
California, is depicted on the map in paragraph (27)(ii) of this entry.
    (25) Unit SM-2: Pomponio Creek, San Mateo County, California.
    (i) [Reserved for textual description of Unit SM-1: Pomponio Creek, 
San Mateo County, California]
    (ii) Note: Map of Unit SM-2: Pomponio Creek, San Mateo County, 
California, is depicted on the map in paragraph (27)(ii) of this entry.
    (26) Unit SM-3: Pescadero--Butano Creek, San Mateo County, 
California.
    (i) [Reserved for textual description of Unit SM-3: Pescadero--
Butano Creek, San Mateo County, California]
    (ii) Note: Map of Unit SM-3: Pescadero--Butano Creek, San Mateo 
County, California, is depicted on the map in paragraph (27)(ii) of 
this entry.
    (27) Unit SM-4: Bean Hollow Creek, San Mateo County, California.
    (i) [Reserved for textual description of Unit SM-4: Bean Hollow 
Creek, San Mateo County, California]
    (ii) Note: Map of Unit SM-1: San Gregorio Creek, Unit SM-2: 
Pomponio Creek, Unit SM-3: Pescadero-Butano Creek, and Unit SM-4: Bean 
Hollow Creek, San Mateo County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.010


[[Page 65047]]


    (28) Unit SC-1: Waddell Creek, Santa Cruz County, California.
    (i) [Reserved for textual description of Unit SC-1: Waddell Creek, 
Santa Cruz County, California]
    (ii) Note: Map of Unit SC-1: Waddell Creek, Santa Cruz County, 
California, is depicted on the map in paragraph (31)(ii) of this entry.
    (29) Unit SC-2: Scott Creek, Santa Cruz County, California.
    (i) [Reserved for textual description of Unit SC-2: Scott Creek, 
Santa Cruz County, California]
    (ii) Note: Map of Unit SC-2: Scott Creek, Santa Cruz County, 
California, is depicted on the map in paragraph (31)(ii) of this entry.
    (30) Unit SC-3: Laguna Creek, Santa Cruz County, California.
    (i) [Reserved for textual description of Unit SC-3: Laguna Creek, 
Santa Cruz County, California]
    (ii) Note: Map of Unit SC-3: Laguna Creek, Santa Cruz County, 
California, is depicted on the map in paragraph (31)(ii) of this entry.
    (31) Unit SC-4: Baldwin Creek, Santa Cruz County, California.
    (i) [Reserved for textual description of Unit SC-4: Baldwin Creek, 
Santa Cruz County, California]
    (ii) Note: Map of Unit SC-1: Waddell Creek, Unit SC-2: Scott Creek, 
Unit SC-3: Laguna Creek, and Unit SC-4: Baldwin Creek, Santa Cruz 
County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.011


[[Page 65048]]


    (32) Unit SC-5: Moore Creek, Santa Cruz County, California.
    (i) [Reserved for textual description of Unit SC-5: Moore Creek, 
Santa Cruz County, California]
    (ii) Note: Map of Unit SC-5: Moore Creek, Santa Cruz County, 
California, is depicted on the map in paragraph (34)(ii) of this entry.
    (33) Unit SC-6: Corcoran Lagoon, Santa Cruz County, California.
    (i) [Reserved for textual description of Unit SC-6: Corcoran 
Lagoon, Santa Cruz County, California]
    (ii) Note: Map of Unit SC-6: Corcoran Lagoon, Santa Cruz County, 
California, is depicted on the map in paragraph (34)(ii) of this entry.
    (34) Unit SC-7: Aptos Creek, Santa Cruz County, California.
    (i) [Reserved for textual description of Unit SC-7: Aptos Creek, 
Santa Cruz County, California]
    (ii) Note: Map of Unit SC-5: Moore Creek, Unit SC-6: Corcoran 
Lagoon, and Unit SC-7: Aptos Creek, Santa Cruz County, California, 
follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.012


[[Page 65049]]


    (35) Unit SC-8: Pajaro River, Santa Cruz County, California.
    (i) [Reserved for textual description of Unit SC-8: Pajaro River, 
Santa Cruz County, California]
    (ii) Note: Map of Unit SC-8: Pajaro River, Santa Cruz County, 
California, is depicted on the map in paragraph (37)(ii) of this entry.
    (36) Unit MN-1: Bennett Slough, Monterey County, California.
    (i) [Reserved for textual description of Unit MN-1: Bennett Slough, 
Monterey County, California]
    (ii) Note: Map of Unit MN-1: Bennett Slough, Monterey County, 
California, is depicted on the map in paragraph (37)(ii) of this entry.
    (37) Unit MN-2: Salinas River, Monterey County, California.
    (i) [Reserved for textual description of Unit MN-2: Salinas River, 
Monterey County, California]
    (ii) Note: Map of Unit SC-8: Pajaro River, Santa Cruz County, 
California and Unit MN-1: Bennett Slough, and Unit MN-2: Salinas River, 
Monterey County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.013


[[Page 65050]]


    (38) Unit SLO-1: Arroyo de la Cruz, San Luis Obispo County, 
California.
    (i) [Reserved for textual description of Unit SLO-1: Arroyo de la 
Cruz, San Luis Obispo County, California]
    (ii) Note: Map of Unit SLO-1: Arroyo de la Cruz, San Luis Obispo 
County, California, is depicted on the map in paragraph (42)(ii) of 
this entry.
    (39) Unit SLO-2: Arroyo del Corral, San Luis Obispo County, 
California.
    (i) [Reserved for textual description of Unit SLO-2: Arroyo del 
Corral, San Luis Obispo County, California]
    (ii) Note: Map of Unit SLO-2: Arroyo del Corral, San Luis Obispo 
County, California, is depicted on the map in paragraph (42)(ii) of 
this entry.
    (40) Unit SLO-3: Oak Knoll Creek, San Luis Obispo County, 
California.
    (i) [Reserved for textual description of Unit SLO-3: Oak Knoll 
Creek, San Luis Obispo County, California]
    (ii) Note: Map of Unit SLO-3: Oak Knoll Creek, San Luis Obispo 
County, California, is depicted on the map in paragraph (42)(ii) of 
this entry.
    (41) Unit SLO-4: Little Pico Creek, San Luis Obispo County, 
California.
    (i) [Reserved for textual description of Unit SLO-4: Little Pico 
Creek, San Luis Obispo County, California]
    (ii) Note: Map of Unit SLO-4: Little Pico Creek, San Luis Obispo 
County, California, is depicted on the map in paragraph (42)(ii) of 
this entry.
    (42) Unit SLO-5: San Simeon Creek, San Luis Obispo County, 
California.
    (i) [Reserved for textual description of Unit SLO-5: San Simeon 
Creek, San Luis Obispo County, California]
    (ii) Note: Map of Unit SLO-1: Arroyo de la Cruz, Unit SLO-2: Arroyo 
del Corral, Unit SLO-3: Oak Knoll Creek, Unit SLO-4: Little Pico Creek, 
and Unit SLO-5: San Simeon Creek, San Luis Obispo County, California, 
follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.014


[[Page 65051]]


    (43) Unit SLO-6: Villa Creek, San Luis Obispo County, California.
    (i) [Reserved for textual description of Unit SLO-6: Villa Creek, 
San Luis Obispo County, California]
    (ii) Note: Map of Unit SLO-6: Villa Creek, San Luis Obispo County, 
California, is depicted on the map in paragraph (46)(ii) of this entry.
    (44) Unit SLO-7: San Geronimo Creek, San Luis Obispo County, 
California.
    (i) [Reserved for textual description of Unit SLO-7: San Geronimo 
Creek, San Luis Obispo County, California]
    (ii) Note: Map of Unit SLO-7: San Geronimo Creek, San Luis Obispo 
County, California, is depicted on the map in paragraph (46)(ii) of 
this entry.
    (45) Unit SLO-8: Toro Creek, San Luis Obispo County, California.
    (i) [Reserved for textual description of Unit SLO-8: Toro Creek, 
San Luis Obispo County, California]
    (ii) Note: Map of Unit SLO-8: Toro Creek, San Luis Obispo County, 
California, is depicted on the map in paragraph (46)(ii) of this entry.
    (46) Unit SLO-9: Los Osos Creek, San Luis Obispo County, 
California.
    (i) [Reserved for textual description of Unit SLO-9: Los Osos 
Creek, San Luis Obispo County, California]
    (ii) Note: Map of Unit SLO-6: Villa Creek, Unit SLO-7: San Geronimo 
Creek, Unit SLO-8: Toro Creek, and Unit SLO-9: Los Osos Creek, San Luis 
Obispo County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.015


[[Page 65052]]


    (47) Unit SLO-10: San Luis Obispo Creek, San Luis Obispo County, 
California.
    (i) [Reserved for textual description of Unit SLO-10: San Luis 
Obispo Creek, San Luis Obispo County, California]
    (ii) Note: Map of Unit SLO-10: San Luis Obispo Creek, San Luis 
Obispo County, California, is depicted on the map in paragraph (50)(ii) 
of this entry.
    (48) Unit SLO-11: Pismo Creek, San Luis Obispo County, California.
    (i) [Reserved for textual description of Unit SLO-11: Pismo Creek, 
San Luis Obispo County, California]
    (ii) Note: Map of Unit SLO-11: Pismo Creek, San Luis Obispo County, 
California, is depicted on the map in paragraph (50)(ii) of this entry.
    (49) Unit SLO-12: Oso Flaco Lake, San Luis Obispo County, 
California.
    (i) [Reserved for textual description of Unit SLO-12: Oso Flaco 
Lake, San Luis Obispo County, California]
    (ii) Note: Map of Unit SLO-12: Oso Flaco Lake, San Luis Obispo 
County, California, is depicted on the map in paragraph (50)(ii) of 
this entry.
    (50) Unit SB-1: Santa Maria River, Santa Barbara County, 
California.
    (i) [Reserved for textual description of Unit SB-1: Santa Maria 
River, Santa Barbara County, California]
    (ii) Note: Map of Unit SLO-10: San Luis Obispo Creek, Unit SLO-11: 
Pismo Creek, Unit SLO-12: Oso Flaco Lake in San Luis Obispo County, and 
Unit SB-1: Santa Maria River, in Santa Barbara County, California, 
follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.016


[[Page 65053]]


    (51) Unit SB-2: Ca[ntilde]ada de las Agujas, Santa Barbara County, 
California.
    (i) [Reserved for textual description of Unit SB-2: Ca[ntilde]ada 
de las Agujas, Santa Barbara County, California]
    (ii) Note: Map of Unit SB-2: Ca[ntilde]ada de las Agujas, Santa 
Barbara County, California, is depicted on the map in paragraph 
(56)(ii) of this entry.
    (52) Unit SB-3: Ca[ntilde]ada de Santa Anita, Santa Barbara County, 
California.
    (i) [Reserved for textual description of Unit SB-3: Ca[ntilde]ada 
de Santa Anita, Santa Barbara County, California]
    (ii) Note: Map of Unit SB-3: Ca[ntilde]ada de Santa Anita, Santa 
Barbara County, California, is depicted on the map in paragraph 
(56)(ii) of this entry.
    (53) Unit SB-4: Ca[ntilde]ada de Alegria, Santa Barbara County, 
California.
    (i) [Reserved for textual description of Unit SB-4: Ca[ntilde]ada 
de Alegria, Santa Barbara County, California]
    (ii) Note: Map of Unit SB-4: Ca[ntilde]ada de Alegria, Santa 
Barbara County, California, is depicted on the map in paragraph 
(56)(ii) of this entry.
    (54) Unit SB-5: Ca[ntilde]ada del Agua Caliente, Santa Barbara 
County, California.
    (i) [Reserved for textual description of Unit SB-5: Ca[ntilde]ada 
del Agua Caliente, Santa Barbara County, California]
    (ii) Note: Map of Unit SB-5: Ca[ntilde]ada del Agua Caliente, Santa 
Barbara County, California, is depicted on the map in paragraph 
(56)(ii) of this entry.
    (55) Unit SB-6: Gaviota Creek, Santa Barbara County, California.
    (i) [Reserved for textual description of Unit SB-6: Gaviota Creek, 
Santa Barbara County, California]
    (ii) Note: Map of Unit SB-6: Gaviota Creek, Santa Barbara County, 
California, is depicted on the map in paragraph (56)(ii) of this entry.
    (56) Unit SB-7: Arroyo Hondo, Santa Barbara County, California.
    (i) [Reserved for textual description of Unit SB-7: Arroyo Hondo, 
Santa Barbara County, California]
    (ii) Note: Map of Unit SB-2: Ca[ntilde]ada de las Agujas, Unit SB-
3: Ca[ntilde]ada de Santa Anita, Unit SB-4: Ca[ntilde]ada de Alegria, 
Unit SB-5: Ca[ntilde]ada del Agua Caliente, Unit SB-6: Gaviota Creek, 
and Unit SB-7: Arroyo Hondo, Santa Barbara County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.017


[[Page 65054]]


    (57) Unit SB-8: Winchester/Bell Canyon, Santa Barbara County, 
California.
    (i) [Reserved for textual description of Unit SB-8: Winchester/Bell 
Canyon, Santa Barbara County, California]
    (ii) Note: Map of Unit SB-8: Winchester/Bell Canyon, Santa Barbara 
County, California, is depicted on the map in paragraph (59)(ii) of 
this entry.
    (58) Unit SB-9: Goleta Slough, Santa Barbara County, California.
    (i) [Reserved for textual description of Unit SB-9: Goleta Slough, 
Santa Barbara County, California]
    (ii) Note: Map of Unit SB-9: Goleta Slough, Santa Barbara County, 
California, is depicted on the map in paragraph (59)(ii) of this entry.
    (59) Unit SB-10: Arroyo Burro, Santa Barbara County, California.
    (i) [Reserved for textual description of Unit SB-10: Arroyo Burro, 
Santa Barbara County, California]
    (ii) Note: Map of Unit SB-8: Winchester/Bell Canyon, Unit SB-9: 
Goleta Slough, and Unit SB-10: Arroyo Burro, Santa Barbara County, 
California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.018


[[Page 65055]]


    (60) Unit SB-11: Mission Creek--Laguna Channel, Santa Barbara 
County, California.
    (i) [Reserved for textual description of Unit SB-11: Mission 
Creek--Laguna Channel, Santa Barbara County, California]
    (ii) Note: Map of Unit SB-11: Mission Creek--Laguna Channel, Santa 
Barbara County, California, is depicted on the map in paragraph 
(61)(ii) of this entry.
    (61) Unit SB-12: Arroyo Paredon, Santa Barbara County, California.
    (i) [Reserved for textual description of Unit SB-12: Arroyo 
Paredon, Santa Barbara County, California]
    (ii) Note: Map of Unit SB-11: Mission Creek--Laguna Channel, and 
Unit SB-12: Arroyo Paredon, Santa Barbara County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.019


[[Page 65056]]


    (62) Unit VEN-1: Ventura River, Ventura County, California.
    (i) [Reserved for textual description of Unit VEN-1: Ventura River, 
Ventura County, California]
    (ii) Note: Map of Unit VEN-1: Ventura River, Ventura County, 
California, is depicted on the map in paragraph (64)(ii) of this entry.
    (63) Unit VEN-2: Santa Clara River, Ventura County, California.
    (i) [Reserved for textual description of Unit VEN-2: Santa Clara 
River, Ventura County, California]
    (ii) Note: Map of Unit VEN-2: Santa Clara River, Ventura County, 
California, is depicted on the map in paragraph (64)(ii) of this entry.
    (64) Unit VEN-3: J Street Drain--Ormond Lagoon, Ventura County, 
California.
    (i) [Reserved for textual description of Unit VEN-3: J Street 
Drain-Ormond Lagoon, Ventura County, California]
    (ii) Note: Map of Unit VEN-1: Ventura River, Unit VEN-2: Santa 
Clara River, and Unit VEN-3: J Street Drain--Ormond Lagoon, Ventura 
County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.020


[[Page 65057]]


    (65) Unit VEN-4: Big Sycamore Canyon, Ventura County, California.
    (i) [Reserved for textual description of Unit VEN-4: Big Sycamore 
Canyon, Ventura County, California]
    (ii) Note: Map of Unit VEN-4: Big Sycamore Canyon, Ventura County, 
California, is depicted on the map in paragraph (67)(ii) of this entry.
    (66) Unit LA-1: Arroyo Sequit, Los Angeles County, California.
    (i) [Reserved for textual description of Unit LA-1: Arroyo Sequit, 
Los Angeles County, California]
    (ii) Note: Map of Unit LA-1: Arroyo Sequit, Los Angeles County, 
California, is depicted on the map in paragraph (67)(ii) of this entry.
    (67) Unit LA-2: Zuma Canyon, Los Angeles County, California.
    (i) [Reserved for textual description of Unit LA-2: Zuma Canyon, 
Los Angeles County, California]
    (ii) Note: Map of Unit VEN-4: Big Sycamore Canyon, in Ventura 
County, and Unit LA-1: Arroyo Sequit, and Unit LA-2: Zuma Canyon, Los 
Angeles County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.021


[[Page 65058]]


    (68) Unit LA-3: Malibu Lagoon, Los Angeles County, California.
    (i) [Reserved for textual description of Unit LA-3: Malibu Lagoon, 
Los Angeles County, California]
    (ii) Note: Map of Unit LA-3: Malibu Lagoon, Los Angeles County, 
California, is depicted on the map in paragraph (69)(ii) of this entry.
    (69) Unit LA-4: Topanga Creek, Los Angeles County, California.
    (i) [Reserved for textual description of Unit LA-4: Topanga Creek, 
Los Angeles County, California]
    (ii) Note: Map of Unit LA-3: Malibu Lagoon, and Unit LA-4: Topanga 
Creek, Los Angeles County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.022


[[Page 65059]]


    (70) Unit OR-1: Aliso Creek, Orange County, California.
    (i) [Reserved for textual description of Unit OR-1: Aliso Creek, 
Orange County, California]
    (ii) Note: Map of Unit OR-1: Aliso Creek, Orange County, 
California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.023


[[Page 65060]]


    (71) Unit SAN-1: San Luis Rey River, San Diego County, California.
    (i) [Reserved for textual description of Unit SAN-1: San Luis Rey 
River, San Diego County, California]
    (ii) Note: Map of Unit SAN-1: San Luis Rey River, San Diego County, 
California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.024

* * * * *

    Dated: October 4, 2011.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-26301 Filed 10-18-11; 8:45 am]
BILLING CODE 4310-55-C