Endangered and Threatened Wildlife and Plants:

Federal Register: October 7, 2010 (Volume 75, Number 194)

Rules and Regulations

Page 62191-62255

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr07oc10-11

Page 62191

Part II

Department of the Interior

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife and Plants; Revised Critical

Habitat for Navarretia fossalis (Spreading Navarretia); Final Rule

Page 62192

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 50 CFR Part 17

Docket No. FWS-R8-ES-2009-0038

MO 92210-0-0009

RIN 1018-AW22

Endangered and Threatened Wildlife and Plants; Revised Critical

Habitat for Navarretia fossalis (Spreading Navarretia)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate final revised critical habitat for Navarretia fossalis (spreading navarretia) under the Endangered Species Act of 1973, as amended. In total, approximately 6,720 acres (ac) (2,720 hectares (ha)) of habitat in Los Angeles, Riverside, and San Diego Counties, California, fall within the boundaries of the critical habitat designation. This final rule constitutes an overall increase of approximately 6,068 ac (2,456 ha) from the 2005 critical habitat designation for N. fossalis.

DATES: This rule becomes effective on November 8, 2010.

ADDRESSES: This final rule and the associated economic analysis are available on the Internet at http://www.regulations.gov and http:// www.fws.gov/carlsbad/. Comments and materials received, as well as supporting documentation used in preparing this final rule are available for public inspection, by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Carlsbad Fish and

Wildlife Office, 6010 Hidden Valley Road, Suite 101, Carlsbad, CA 92011; telephone 760-431-9440; facsimile 760-431-5901.

FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, U.S.

Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010

Hidden Valley Road, Suite 101, Carlsbad, CA 92011 (telephone 760-431- 9440; facsimile 760-431-5901). If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

It is our intent to discuss only those topics directly relevant to the development of the revised designation of critical habitat for

Navarretia fossalis under the Endangered Species Act of 1973 as amended

(16 U.S.C. 1531 et seq.) (Act), in this final rule. For more information on the taxonomy, biology, and ecology of N. fossalis, refer to the final listing rule published in the Federal Register (FR) on

October 13, 1998 (63 FR 54975), the final designation of critical habitat for N. fossalis published in the Federal Register on October 18, 2005 (70 FR 60658), the proposed revised designation of critical habitat published in the Federal Register on June 10, 2009 (74 FR 27588), and the document announcing the availability of the draft economic analysis (DEA) published in the Federal Register on April 15, 2010 (75 FR 19575). Additionally, information on this species can be found in the Recovery Plan for the Vernal Pools of Southern California

(Recovery Plan) finalized on September 3, 1998 (Service 1998).

New Information on Subspecies' Description, Life History, Ecology,

Habitat, and Range

We did not receive any new information pertaining to the description, life history, or ecology of Navarretia fossalis following the 2009 proposed rule to revise critical habitat (74 FR 27588; June 10, 2009). However, the following paragraphs discuss new information that we received regarding the species' habitat, geographic range and status, and the areas needed for N. fossalis conservation.

Habitat

Navarretia fossalis habitat was discussed in detail in the proposed revised critical habitat rule (74 FR 27588; June 10, 2009). One commenter provided information during the first public comment period on the proposed rule, noting several habitat characteristics they felt we should have discussed (see Comment 15 below); therefore, we are providing additional discussion and clarification here. Navarretia fossalis grows in vernal pool habitat, seasonally flooded alkali vernal plain habitat (a habitat that includes alkali playa, alkali scrub, alkali vernal pool, and alkali annual grassland communities), and irrigation ditches and detention basins (Bramlet 1993a, pp. 10, 14, 21- 23; Ferren and Fiedler 1993, pp. 126-127; Spencer 1997, pp. 8, 13).

Within alkali annual grasslands, this species is restricted to small vernal pools or other depressions (Bramlet 2009, p. 3). Researchers have also described ``riverine pools'' where N. fossalis occurs as having unique floristic elements, such as Trichocoronis wrightii var. wrightii (limestone bugheal or Wright's trichocoronis); N. fossalis and

T. wrightii are only known to co-occur in the San Jacinto River

(Bramlet 2009, p. 7). Suitability of hydrological conditions for the germination of this species varies on an annual basis; therefore, N. fossalis can be undetectable for a number of years and the number of plants varies depending on the timing, duration, and extent of ponding

(Bramlet 2009, p. 3). For more habitat information, please see the

Habitat section in the proposed revised critical habitat designation published in the Federal Register on June 10, 2009 (74 FR 27588).

Areas Needed for Conservation: Core and Satellite Habitat Areas

In the proposed revised critical habitat rule (74 FR 27588; June 10, 2009), we discussed the areas that represent core habitat areas and satellite habitat areas for Navarretia fossalis. During the first public comment period, one peer reviewer expressed concern regarding our use of the word ``core'' and the biological connotation of such terminology. The terms ``core habitat area'' and ``satellite habitat area'' are descriptive terms defined for the purpose of this rulemaking and are not intended to be synonymous with similar terms used in other documents, or to describe a population distribution. We defined these terms in the proposed revised critical habitat designation published in the Federal Register on June 10, 2009 (74 FR 27588). Core habitat is defined as areas that contain the highest concentrations of N. fossalis and the largest contiguous blocks of habitat for this species.

Satellite areas are defined as habitat areas that support occurrences that are smaller than those supported by the ``core habitat areas,'' but provide the means to significantly contribute to the recovery of N. fossalis (for further discussion of this issue see Comment 4 in the

Summary of Comments and Recommendations section and our response). For more information on ``core habitat area'' and ``satellite habitat area,'' please see the Areas Needed for Conservation: Core and

Satellite Habitat Areas section in the proposed revised critical habitat designation published in the Federal Register on June 10, 2009

(74 FR 27588).

Previous Federal Actions

On October 18, 2005 (70 FR 60658), we published our final designation of critical habitat for Navarretia fossalis. On December 19, 2007, the Center for Biological Diversity filed a complaint in the

U.S. District Court for the Southern District of California challenging our

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designation of critical habitat for N. fossalis and Brodiaea filifolia

(Center for Biological Diversity v. United States Fish and Wildlife

Service et al., Case No. 07-CV-02379-W-NLS). This lawsuit challenged the validity of the information and reasoning we used to exclude areas from the 2005 critical habitat designation for N. fossalis. On July 25, 2008, we reached a settlement agreement in which we agreed to submit a proposed revised critical habitat designation for N. fossalis to the

Federal Register for publication by May 29, 2009, and a final revised critical habitat designation for publication by May 28, 2010. By order dated January 21, 2010, the district court approved a modification to the settlement agreement that extends to September 30, 2010, the deadline for submission of a final revised critical habitat designation to the Federal Register. The proposed revised critical habitat designation published in the Federal Register on June 10, 2009 (74 FR 27588).

Summary of Changes From the Proposed Revised Rule and the Previous

Critical Habitat Designation

The areas designated as critical habitat in this final rule constitute a revision of the critical habitat for Navarretia fossalis we designated on October 18, 2005 (70 FR 60658). For this revised rulemaking process we:

(1) Refined the primary constituent elements (PCEs) to more accurately define the physical and biological features that are essential to the conservation of N. fossalis;

(2) Revised criteria to more accurately identify critical habitat;

(3) Improved mapping methodology to more accurately define critical habitat boundaries and better represent areas that contain PCEs;

(4) Evaluated areas considered for exclusion from critical habitat designation under section 4(b)(2) of the Act, including identifying whether or not areas are conserved and managed for the benefit of N. fossalis;

(5) Reanalyzed the economic impacts to identify baseline and incremental costs associated with critical habitat designation; and

(6) Added, subtracted, and revised areas that do or do not meet the definition of critical habitat. Table 1 provides an overview of the differences between critical habitat rules for N. fossalis at the unit level.

Table 1. Changes between the October 18, 2005, critical habitat designation; the June 10, 2009, proposed critical habitat designation; the April 15, 2010, changes to the June 10, 2009 proposal (availability of the DEA); and this revised critical habitat designation.

April 2010 changes to

Critical habitat unit in this final

October 2005 critical

June 2009 proposed

proposed revised

September 2010 rule

County

habitat designation

revised critical

critical habitat

revised critical habitat designation

designation

habitat designation

Unit 1: Los Angeles Basin-Orange

Los Angeles

326 ac

161 ac

176 ac

176 ac

Management Area

(132 ha).............. (65 ha).............. (71 ha).............. (71 ha)

Unit 2: San Diego: Northern Coastal San Diego

22 ac

9 ac

9 ac

9 ac

Mesa Management Area

(9 ha)................ (4 ha)............... (4 ha)............... (4 ha)

;Unit 3: San Diego: Central Coastal San Diego

0 ac

110 ac

108 ac

103 ac

Mesa Management Area

(0 ha)................ (45 ha).............. (44 ha).............. (42 ha)

Unit 4: San Diego: Inland

San Diego

159 ac

206 ac

206 ac

206 ac

Management Area

(64 ha)............... (83 ha).............. (83 ha).............. (83 ha)

Unit 5: San Diego: Southern Coastal San Diego

145 ac

711 ac

753 ac

749 ac

Mesa Management Area

(59 ha)............... (288 ha)............. (305 ha)............. (303 ha)

Unit 6: Riverside Management Area

Riverside

0 ac

5,675 ac

6,356 ac

5,477 ac

(0 ha)................ (2,297 ha)........... (2,572 ha)........... (2,217 ha)

Totals*

652 ac

6,872 ac

7,608 ac

6,720 ac

(264 ha).............. (2,781 ha)........... (3,079 ha)........... (2,720 ha)

*Values in this table may not sum due to rounding.

In 2005, we designated approximately 652 ac (264 ha) as critical habitat for Navarretia fossalis in 4 units with 10 subunits (70 FR 60658; October 18, 2005). In our 2009 proposed revised critical habitat, we proposed approximately 6,872 ac (2,781 ha) as critical habitat in 6 units with 22 subunits (74 FR 27588; June 10, 2009). In response to information received as public comments on our 2009 proposed revised critical habitat, we changed the 2009 proposed revised rule to propose approximately 7,608 ac (3,079 ha) as critical habitat in 6 units with 23 subunits (75 FR 19575; April 15, 2010). In this revised critical habitat rule, we are designating approximately 6,720 ac (2,720 ha) as critical habitat in 6 units with 19 subunits, reflecting exclusion of approximately 871 ac (353 ha) in all or portions of 2 units (3 subunits) based on consideration of relevant impacts under section 4(b)(2) of the Act. Lands that contain the physical and biological features essential to the conservation of N. fossalis on Marine Corps Air Station

Page 62194

(MCAS) Miramar and Marine Corps Base (MCB) Camp Pendleton are exempt from this critical habitat designation based on section 4(a)(3)(B) of the Act. All lands designated as critical habitat in this revised rule were included in the 2009 proposed revised rule (74 FR 27588) or the document that made available the DEA (75 FR 19575). Table 2 provides detailed information about differences between the 2005 final critical habitat designation, the 2009 proposed revised critical habitat designation, and this revised critical habitat designation for N. fossalis. The changes between the 2005 final designation, the 2009 proposed revisions, and this final designation are described below.

Table 2. A comparison of the areas identified as containing the physical and biological features essential to the conservation of Navarretia fossalis in the 2005 critical habitat designation, the 2009 proposed revised critical habitat designation, and this revised critical habitat designation.

2005 Critical Habitat Designation

2009 Proposed Revised Critical

2010 Revised Critical Habitat

Habitat

Designation

Location*

Area Containing

Area Containing

Area Containing

Subunit

Essential

Subunit

Essential

Subunit

Essential

Features

Features

Features

Unit 1: Los Angeles Basin-Orange Management Area

Cruzan Mesa

1A

294 ac

1A

129 ac

1A

156 ac

(119 ha)..........

(52 ha)...........

(63 ha)

Plum Canyon

1B

32 ac

1B

32 ac

1B

20 ac

(13 ha)...........

(13 ha)...........

(8 ha)

Unit 2: San Diego: Northern Coastal Mesa Management Area

MCB Camp Pendleton

4(a)(3) exemption 67 ac

4(a)(3) exemption 145 ac

4(a)(3) exemption 145 ac

(27 ha)...........

(59 ha)...........

(59 ha)

Poinsettia Lane Commuter Station 2; partially

22 ac

2

9 ac

2

9 ac excluded under

(9 ha)............

(4 ha)............

(4 ha) section 4(b)(2).

Unit 3: San Diego: Central Coastal Mesa Management Area

Santa Fe Valley

Proposed as

--

Not proposed

--

Not proposed

--

Unit 3, but....... determined not essential.

Santa Fe Valley (Crosby Estates) --

--

3A

5 ac

Excluded under

5 ac

(2 ha)............ section 4(b)(2)

(2 ha)

Carroll Canyon

--

--

3B

20 ac

3B

18 ac

(8 ha)............

(7 ha)

Nobel Drive

--

--

3C

37 ac

3C

37 ac

(15 ha)...........

(15 ha)

MCAS Miramar

4(a)(3) exemption 61 ac

4(a)(3) exemption 69 ac

4(a)(3) exemption 69 ac

(25 ha)...........

(28 ha)...........

(28 ha)

Montgomery Field

Excluded under

38 ac

3D

48 ac

3D

48 ac section 4(b)(2)

(16 ha)...........

(20 ha)...........

(20 ha)

Unit 4: San Diego: Inland Management Area

San Marcos (Upham)

4C1

34 ac

4C1

34 ac

4C1

34 ac

(14 ha)...........

(14 ha)...........

(14 ha)

San Marcos (Universal Boot)

4C2

32 ac

4C2

32 ac

4C2

32 ac

(13 ha)...........

(13 ha)...........

(13 ha)

San Marcos (Bent Avenue)

4D

7 ac

4D

5 ac

4D

5 ac

(3 ha)............

(2 ha)............

(2 ha)

Ramona

4E

86 ac

4E

135 ac

4E

135 ac

(35 ha)...........

(55 ha)...........

(55 ha)

Unit 5: San Diego: Southern Coastal Mesa Management Area

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Sweetwater Vernal Pools (S1-3) 5A; partially

89 ac

5A

95 ac

5A

95 ac excluded under

(36 ha)...........

(38 ha)...........

(38 ha) section 4(b)(2). Excluded.......... 74 ac.............

(30 ha)...........

Otay River Valley (K1 and K2)

Excluded under

57 ac

Not proposed,

--

Not proposed,

-- section 4(b)(2)

(23 ha)........... determined not

determined not essential.

essential.

Otay River Valley (M2)

5B and excluded

42 ac

5B

24 ac

5B

24 ac under section

(17 ha)...........

(10 ha)...........

(10 ha) 4(b)(2)

Excluded.......... 67 ac.............

(27 ha)...........

Otay Mesa (J26)

5C and excluded

14 ac

Not proposed,

--

5C***

42 ac under section

(6 ha)............ determined not

(17 ha) 4(b)(2)

essential.

Arnie's Point

Proposed as

--

Not proposed

--

Not proposed

--

Subunit 5D, but determined not essential

Proctor Valley (R1-2)

--

--

5F

88 ac

5F

88 ac

(36 ha)...........

(36 ha)

Otay Lakes (K3-5)

--

--

5G

140 ac

5G

140 ac

(57 ha)...........

(57 ha)

Western Otay Mesa vernal pool

Excluded under

117 ac

5H

143 ac

5H

143 ac complexes

section 4(b)(2)

(47 ha)...........

(58ha)............

(58ha)

Eastern Otay Mesa vernal pool

Excluded under

277 ac

5I

221 ac

5I

221 ac complexes

section 4(b)(2)

(112 ha)..........

(89 ha)...........

(89 ha)

Unit 6: Riverside Management Area

San Jacinto River

Excluded under

10,774 ac

6A

3,550 ac

6A***

4,312 ac section 4(b)(2)

(4,360 ha)........

(1,437 ha)........

(1,745 ha)

Salt Creek Seasonally Flooded

Excluded under

2,233 ac

6B

1,054 ac

6B

930 ac

Alkali Plain

section 4(b)(2)

(904 ha)..........

(427 ha)..........

(376 ha)

Wickerd Road and Scott Road

Excluded under

275 ac

6C

205 ac

6C***

235 ac

Pools

section 4(b)(2)

(111 ha)..........

(83 ha)...........

(95 ha)

Skunk Hollow

Excluded under

306 ac

6D

158 ac

Excluded under

158 ac section 4(b)(2)

(124 ha)..........

(64 ha)........... section 4(b)(2)

(64 ha)

Mesa de Burro

Excluded under

4,396 ac

6E

708 ac

Excluded under

708 ac section 4(b)(2)

(1,779 ha)........

(287 ha).......... section 4(b)(2)

(287 ha)

Total Area Essential for the

--

19,399 ac

--

7,086 ac

--

7,804 ac

Conservation of Navarretia

(7,851 ha)........

(2,868 ha)........

(3,158 ha) fossalis**

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Total Area Exempt Under Section --

128 ac

--

213 ac

--

213 ac 4(a)(3)**

(52 ha)...........

(86 ha)...........

(86 ha)

Total Area Excluded Under

--

18,619 ac

--

0 ac

--

871 ac

Section 4(b)(2)**

(7,535 ha)........

(0 ha)............

(353 ha)

Total Area Designated as

--

652 ac

--

N/A

--

6,720 ac

Critical Habitat for Navarretia

(264 ha)..........

(2,720 ha) fossalis**

*This table does not include all locations that are occupied by Navarretia fossalis. It includes only those locations that were designated as critical habitat in 2005 or proposed in 2009 or discussed in this critical habitat rule.

**Values in this table may not sum due to rounding.

***Acreage added in 75 FR 19575 (June 10, 2009) revision.

Summary of Changes From the 2005 Final Designation of Critical Habitat

In the 2005 final rule, we did not designate areas containing essential habitat features if those habitat features were already conserved and managed for the benefit of Navarretia fossalis because we concluded that the areas did not meet the second part of the definition of critical habitat under section 3(5)(a)(i) of the Act. We have reconsidered our approach in light of subsequent court decisions and have decided that areas containing essential habitat features that

``may require'' special management considerations or protection do meet the definition of critical habitat irrespective of whether the habitat features are currently receiving special management or protection.

Current protection or management does not disqualify an area from meeting the definition of critical habitat, rather it is a relevant factor to consider under section 4(b)(2) of the Act when we weigh the benefits of including a particular area in critical habitat against the benefits of excluding the area. In this rule we identified essential areas that are conserved and managed for the benefit of the species, determined they meet the definition of critical habitat, and then analyzed whether the benefits of exclusion from critical habitat designation outweigh the benefits of including these areas under section 4(b)(2) of the Act.

This rule also uses a new economic analysis to identify and estimate the potential economic effects on small business entities resulting from implementation of conservation actions associated with the proposed revision of critical habitat. The analysis focuses on the estimated incremental impacts associated with critical habitat designation.

Of the 652 ac (264 ha) of land included in the 2005 final critical habitat rule, approximately 469 ac (190 ha) are included in this revised critical habitat designation. Some areas designated in 2005 are not designated in this final rule because we used a grid of 2.47-ac (1- ha) cells (100 m grid) to identify essential habitat in our GIS analysis in 2005. In this revised critical habitat, we identified essential habitat with heads-up digitizing at various scales using imagery of 1-meter resolution, resulting in a more precise identification.

Additionally, we are designating as critical habitat 6,251 ac

(2,530 ha) of land identified as meeting the definition of critical habitat that were not designated in 2005. The primary reason revised designated critical habitat is greater than the 2005 designated area is that we included several areas that were excluded from the 2005 critical habitat designation under section 4(b)(2) of the Act. A summary of specific changes from the 2005 critical habitat designation is provided below. In addition to revisions to specific subunits, we also revised the PCEs, the criteria used to identify critical habitat, the economic impacts to include incremental impacts, and the mapping methodology for this revised critical habitat designation. For a detailed discussion of the changes between the 2005 critical habitat rule and the 2009 proposed revision, please see the Summary of Changes

From Previously Designated Critical Habitat section in the proposed revised rule (74 FR 27588; June 10, 2009).

In this revised critical habitat designation for Navarretia fossalis, comparisons to the 2005 critical habitat designation are described below using three categories:

(1) Areas designated in 2005 and also designated in this rule,

(2) Areas designated in 2005 but not designated in this rule, and

(3) Areas not designated in 2005 that are designated in this rule.

(1) Areas designated in 2005 and also designated in this rule are found in Subunits 1A, 1B, 2, 4C1, 4C2, 4D, 4E, 5A, 5B, and 5C. We analyzed each of these areas and determined these areas are not conserved and managed for the benefit of Navarretia fossalis and the benefits of inclusion outweigh the benefits of exclusion.

(2) Areas designated in 2005 but not designated in this rule include land in Subunits 1A, 1B, 2, 4D, 5A, and 5B as described in the 2005 designation. The difference of these subunits between the previous rule and this final rule is mostly due to our discontinued use of a 100-m grid to map critical habitat,

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which captured areas that we determined in this rule did not meet the definition of critical habitat. Additionally, the difference in Subunit 1B was due to more precise Navarretia fossalis habitat location data in the vicinity of Plum Canyon.

(3) Areas not designated in 2005 that are designated in this rule include areas within Subunits 1B, 3B, 3C, 3D, 4D, 4E, 5A, 5B, 5F, 5G, 5H, 5I, 6A, 6B, and 6C, and part of 5C. Some of these subunits meet the definition of critical habitat based on new information. Subunits 1B, 4D, 4E, and 5B include new areas due to mapping refinements made to better capture local watersheds. Subunits 3B, 3D, 5F, 5G, 5H, and 5I include vernal pool complexes that provide habitat for Navarretia fossalis that were not included in the 2005 final rule, but meet the definition of critical habitat for this species (see the 2009 proposed rule for details (74 FR 27588; June 10, 2009)). Other subunits have been designated based on our determination under section 4(b)(2) of the

Act that the benefits of inclusion outweigh the benefits of exclusion of these areas because they are not currently conserved and managed for the benefit of N. fossalis. All or portions of Subunits 3D, 5A, 5B, 5H, 5I, 6A, and 6C are the same as areas that met the definition of critical habitat in 2005, but were excluded from the 2005 designation under section 4(b)(2) of the Act. The only areas excluded from critical habitat in the current rule under section 4(b)(2) of the Act are those that are conserved and managed for the benefit of N. fossalis, and where the exclusion would not result in extinction of the species (see the Application of Section 4(b)(2) of the Act section of this rule).

Summary of Changes From the 2009 Proposed Rule To Revise Critical

Habitat

We evaluated lands considered for exclusion under section 4(b)(2) of the Act to determine if the benefits of exclusion outweigh the benefits of inclusion. We excluded 871 ac (353 ha) of lands under section 4(b)(2) of the Act that are conserved and managed for the benefit of Navarretia fossalis We excluded certain lands under two habitat conservation plans (HCPs), summarized below and discussed in detail in the Exclusions section.

(1) In the proposed revised rule, we considered for exclusion under section 4(b)(2) of the Act lands covered by the Carlsbad Habitat

Management Plan (Carlsbad HMP) under the San Diego Multiple Habitat

Conservation Program (MHCP). In this revised rule, we determined the benefits of inclusion outweigh the benefits of exclusion for all of the lands covered by the Carlsbad HMP because these lands are not both conserved and managed for the benefit of Navarretia fossalis. However, we recognize the efforts made by permittees of the Carlsbad HMP to assist in the conservation of N. fossalis and other listed species. We look forward to continuing to work with these partners to assure that long-term conservation and management is assured for N. fossalis. See the Exclusions section below for a summary evaluation of lands considered for exclusion under the Carlsbad HMP and our rationale for including these lands in this revised critical habitat designation.

(2) In the proposed revised rule, we considered lands proposed as critical habitat within the County of San Diego Subarea Plan under the

San Diego Multiple Species Conservation Program (MSCP; County of San

Diego Subarea Plan) for exclusion under section 4(b)(2) of the Act. In this revised rule, we determined the benefits of exclusion outweigh the benefits of inclusion for a portion (5 ac (2 ha) in Subunit 3A) of lands under the County of San Diego Subarea Plan that are both conserved and managed for the benefit of Navarretia fossalis, and determined exclusion of these lands will not result in extinction of the species. However, we determined the benefits of inclusion outweigh the benefits of exclusion for 81 ac (33 ha) of lands within the County of San Diego Subarea Plan. As a result, we excluded approximately 5 ac

(2 ha) of these lands under section 4(b)(2) of the Act, and included approximately 81 ac (33 ha) within the revised critical habitat designation. For a complete discussion of the benefits of inclusion and exclusion for all lands within the County of San Diego Subarea Plan, see the Application of Section 4(b)(2) of the Act section below.

(3) In the proposed revised rule, we considered for exclusion under section 4(b)(2) of the Act lands owned by or under the jurisdiction of the permittees of the Western Riverside County Multiple Species Habitat

Conservation Plan (Western Riverside County MSHCP). In this revised rule, we determined the benefits of exclusion outweigh the benefits of inclusion for 866 ac (351 ha) of the lands owned by or under the jurisdiction of the permittees of the Western Riverside County MSHCP that are conserved and managed (Subunits 6D and 6E), and determined exclusion of these lands will not result in extinction of the species.

We determined the benefits of inclusion outweigh the benefits of exclusion for 5,477 ac (2,217 ha) of lands owned by or under the jurisdiction of the permittees of the Western Riverside County MSHCP.

As a result, we excluded approximately 866 ac (351 ha) of these lands under section 4(b)(2) of the Act, and included approximately 5,477 ac

(2,217 ha) within the revised critical habitat designation. For a complete discussion of the benefits of inclusion and exclusion for all lands within the Western Riverside County MSHCP, see the Application of

Section 4(b)(2) of the Act section below.

Critical Habitat

Background

Critical habitat is defined in section 3 of the Act as:

(i) 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

(I) essential to the conservation of the species and

(II) which may require special management considerations or protection; and

(ii) 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 the use of all methods and procedures that are necessary to bring any endangered or threatened species to the point at which the measures provided under the Act are no longer necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, transplantation, and in the extraordinary case where population pressures within a given ecosystem cannot otherwise be relieved, regulated taking.

Critical habitat receives protection under section 7 of the Act through the prohibition against Federal agencies carrying out, funding, or authorizing the destruction or adverse modification of critical habitat. Section 7(a)(2) of the Act requires consultation on Federal actions that may affect critical habitat. The designation of critical habitat does not affect land ownership or establish a refuge, wilderness, reserve, preserve, or other conservation area. Such designation does not allow the

Page 62198

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) of the Act would apply, but in the event of a destruction or adverse modification finding, the Federal action agency's and the applicant's obligation is not to restore or recover the species, but to implement reasonable and prudent alternatives to avoid destruction or adverse modification of critical habitat.

For inclusion in a critical habitat designation, the habitat within the geographical area occupied by the species at the time it was listed must contain the physical and biological features essential to the conservation of the species, and be included if those features may require special management considerations or protection. Critical habitat designations identify, to the extent known using the best scientific and commercial data available, habitat areas that provide essential life cycle needs of the species (areas on which are found the physical and biological features laid out in the appropriate quantity and spatial arrangement for the conservation of the species). Under the

Act and regulations at 50 CFR 424.12, we can designate critical habitat in areas outside the geographical area occupied by the species at the time it is listed only when we determine that those areas are essential for the conservation of the species and that designation limited to the geographical area occupied at the time of listing would be inadequate to ensure the conservation of the species.

Section 4 of the Act requires that we designate critical habitat on the basis of the best scientific and commercial data available.

Further, our Policy on Information Standards Under the Endangered

Species Act (published in the Federal Register on July 1, 1994 (59 FR 34271)), the Information Quality Act (section 515 of the Treasury and

General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)), and our associated Information Quality Guidelines provide criteria, establish procedures, and provide guidance to ensure that our decisions are based on the best scientific data available.

They require our biologists, to the extent consistent with the Act and with the use of the best scientific data available, to use primary and original sources of information as the basis for recommendations to designate critical habitat.

When determining which areas should be designated as critical habitat, our primary source of information is generally the information developed during the listing process for the species. Additional information sources may include the recovery plan for the species, articles in peer-reviewed journals, conservation plans developed by

States and counties, scientific status surveys and studies, biological assessments, or other unpublished materials and expert opinion or personal knowledge.

Habitat is often dynamic, and species may move from one area to another over time. Climate change will be a particular challenge for biodiversity because the interaction of additional stressors associated with climate change and current stressors may push species beyond their ability to survive (Lovejoy 2005, pp. 325-326). The synergistic implications of climate change and habitat fragmentation are the most threatening facet of climate change for biodiversity (Hannah et al. 2005, p.4). Current climate change predictions for terrestrial areas in the Northern Hemisphere indicate warmer air temperatures, more intense precipitation events, and increased summer continental drying (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. 1181).

Climate change may also affect the duration and frequency of drought and these climatic changes may even more dramatic and intense (Graham 1997). Documentation of climate-related changes that have already occurred in California (Croke et al. 1998, pp. 2128, 2130; Brashears et al. 2005, p. 15144), and future drought predictions for California

(such as Field et al. 1999, pp. 8-10; Lenihen et al. 2003, p. 1667;

Hayhoe et al. 2004, p. 12422; Brashears et al. 2005, p. 15144; Seager et al. 2007, p. 1181) and North America (IPCC 2007, p. 9) indicate prolonged drought and other climate-related changes will continue in the foreseeable future.

We anticipate these changes could affect a number of native plants, including Navarretia fossalis occurrences and habitat. If the amount and timing of precipitation or the average temperature increases in southern California, the long term viability of N. fossalis may be affected in several ways, including the following: (1) Drier conditions may result in a lower germination rate and smaller population sizes;

(2) a shift in the timing of annual rainfall may favor nonnative species that impact the quality of habitat for this species; or (3) drier conditions may result in increased fire frequency, making the ecosystems in which N. fossalis currently grows more vulnerable to the threats of subsequent erosion and nonnative plant invasion.

At this time, we are unable to identify the specific ways that climate change may impact Navarretia fossalis; therefore, we are unable to determine if any additional areas may be appropriate to include in this final critical habitat rule 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 species, but are outside the critical habitat designation, will continue to be subject to conservation actions we implement under section 7(a)(1) of the Act. Areas that support populations are also subject to the regulatory protections afforded by the section 7(a)(2) jeopardy standard, as determined on the basis of the best available scientific and commercial information at the time of the agency action. Federally funded or permitted projects affecting listed species outside their designated critical habitat areas may still result in jeopardy findings in some cases. Similarly, critical habitat designations made on the basis of the best available information at the time of designation will not control the direction and substance of future recovery plans, HCPs, or other species conservation planning efforts if new information available at the time of these planning efforts calls for a different outcome.

Physical and Biological Features

In accordance with section 3(5)(A)(i) and 4(b)(1)(A) of the Act and regulations at 50 CFR 424.12, in determining which areas within the geographical area occupied by the species at the time of listing to designate as critical habitat, we consider the physical and biological features essential to the conservation of the species 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;

Page 62199

(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 historic, geographical, and ecological distributions of a species.

We consider the specific physical and biological features essential to the conservation of the species and laid out in the appropriate quantity and spatial arrangement for the conservation of the species.

We derive those specific essential physical and biological features for

Navarretia fossalis from the biological needs of this species as described in the Critical Habitat section of the proposed rule to designate critical habitat for N. fossalis published in the Federal

Register on June 10, 2009 (74 FR 27588).

The area designated as final revised critical habitat consists of ephemeral wetland habitat for the reproduction and growth of Navarretia fossalis, intermixed wetland and upland habitats that comprise the local watershed to support ephemeral wetland habitat, and the topography and soils required for ponding during winter and spring months. The methods of dispersal and pollination for N. fossalis are not well understood; therefore, elements required for these processes may not be geographically captured by this revised critical habitat designation. Likewise, delineating larger watershed areas that support ephemeral wetland habitat may require hydrological data and modeling that are not available; therefore, areas beyond the local watershed are not included in this revised critical habitat designation. The physical and biological features essential to the conservation of N. fossalis are derived from studies of this species' habitat, ecology, and life history as described below, in the Background section of the proposed revised critical habitat designation published in the Federal Register on June 10, 2009 (74 FR 27588), the critical habitat designation published in the Federal Register on October 18, 2005 (70 FR 60658), and the final listing rule published in the Federal Register on October 13, 1998 (63 FR 54975).

Habitats That Are Representative of the Historical, Geographical, and

Ecological Distribution of Navarretia fossalis

Navarretia fossalis is restricted to ephemeral wetlands in southern

California and northwestern Baja California, Mexico (Moran 1977, pp. 155-156; Oberbauer 1992, p. 7; Day 1993, p. 847; California Natural

Diversity Database (CNDDB) 2008, pp. 1-44), and primarily associated with vernal pools and seasonally flooded alkali vernal plain habitats

(Moran 1977, pp. 155-156; Bramlet 1993a, p. 10; Day 1993, p. 847;

Ferren and Fiedler 1993, pp. 126-127). In Los Angeles County, N. fossalis is known to occur in vernal pools on Cruzan Mesa and the associated drainage of Plum Canyon (such as CNDDB 2008, Element

Occurrence (EO) 31, 32, and 41). In Riverside County, N. fossalis is known to occur in large vernal pools with basins that range in size from 0.5 ac (0.2 ha) to 10.0 ac (4.0 ha) (such as CNDDB 2008, EO 42, 43, and 44), and in temporary wetlands that are described as seasonally flooded alkali vernal plain habitat along the San Jacinto River and near Salt Creek/Stowe Pool in Hemet (such as CNDDB 2008, EO 22, 23, and 24). In San Diego County, N. fossalis is found in vernal pools that are smaller than those in Riverside County, ranging in size from 0.01 ac

(0.005 ha) to 0.2 ac (0.09 ha) and are often found in clusters of several vernal pools typically referred to as vernal pool complexes

(such as CNDDB 2008, EO 4, 14, and 19). In Mexico, N. fossalis is known from fewer than 12 occurrences, most of which are clustered in three areas of Baja California: along the international border, on the plateaus south of the Rio Guadalupe, and on the San Quintin coastal plain (Moran 1977, p. 156).

Ephemeral Wetland Habitat

Despite variation in the types of habitat where Navarretia fossalis is found (i.e., vernal pool habitat and seasonally flooded alkali vernal plain habitat), these ephemeral wetlands all share the same temporary nature (i.e., areas fill with water during the winter and spring and dry completely during summer and fall). Navarretia fossalis depends on both the inundation and drying of its habitat for survival.

This type of ephemerally wet habitat excludes upland plants that live in a dry environment year round, or wetland plants that require year- round moisture to become established (Keeler-Wolf et al. 1998).

Navarretia fossalis primarily occurs in ephemeral wetland habitat, more specifically, vernal pool and seasonally flooded alkali vernal plain habitat (Moran 1977, pp. 156-157; Bramlet 1993a, p. 10; Bramlet 1993b, p. 14; Day 1993, p. 847). Vernal pools form during the winter rains in depressions that are part of a gently sloping and undulating landscape, where soil mounds are interspersed with basins (mima-mound topography; Cox 1984, pp. 1397-1398). Water ponds in vernal pools in part due to an underlying impervious soil layer (hard pan or clay pan).

Navarretia fossalis can also occur in ditches and other artificial depressions associated with degraded vernal pool habitat (Moran 1977, p. 155).

Seasonally flooded alkali vernal plain habitat includes alkali playa, alkali scrub, alkali vernal pool, and alkali annual grassland vegetation types. The hydrologic regime for this habitat involves sporadic seasonal flooding (as described above) combined with slow drainage of the alkaline soils. Large-scale inundation of flood plains occur approximately every 20 to 50 years, which is necessary for long- term maintenance of the habitat by removing scrub vegetation (Roberts 2004, p. 4). During a typical seasonal flooding cycle dry period, alkali scrub vegetation expands its distribution into the seasonally flooded areas of alkali vernal plains habitat and crowds out the species associated more with ephemeral wetlands. During a large-scale flood, standing and slow-draining waters remain for weeks or months and kill alkali scrub vegetation, resulting in favorable conditions for annual ephemeral wetland-associated species (such as Navarretia fossalis) to expand their range (Bramlet 2004, p. 8; Roberts 2004, p. 4). Although uncommon, large-scale flooding events maintain N. fossalis habitat and likely provide a species dispersal mechanism (Bramlet 2009, p. 3). Seasonally flooded alkali vernal plain can also persist in lightly to moderately disturbed habitat that may obscure or suppress expression of PCEs, especially when disturbance consists of soil amendments or dryland farming activities (Roberts 2009, p. 2).

Subsurface Water Flow That Creates A Local Watershed of Intermixed

Wetland and Upland Habitats

Vernal pools within a complex are hydrologically connected by subsurface water, which creates a landscape that is intermixed with wetland and upland habitats. This entire area comprises a local watershed and provides the appropriate physical and biological features necessary to maintain vernal pools within each complex. Seasonally flooded alkali vernal plain habitats are also hydrologically connected by flowing water when it flows over the surface from one vernal pool to another or across the seasonally flooded alkali vernal plain. Due to an impervious hard pan, water flows and collects below ground as the soil becomes saturated. Movement of the water through vernal pool and seasonally flooded alkali vernal plain systems results in pools

Page 62200

filling and holding water continuously for a number of days (Hanes et al. 1990, p. 51). For this reason, these ephemeral wetlands are best described from a watershed perspective. The local watershed associated with a vernal pool complex or seasonally flooded alkali vernal plain includes all surfaces in the surrounding area from which water flows into the complex or plain habitat. Some ephemeral wetlands included in this rule (such as the San Jacinto River and the Salt Creek Seasonally

Flooded Alkali Plain) have large watersheds where the overland flow of water contributes to the ponding that supports Navarretia fossalis, while other ephemeral wetlands have comparatively small watersheds

(such as Carroll Canyon and Nobel Drive) and fill almost entirely from direct rainfall (Hanes et al. 1990, p. 53; Hanes and Stromberg 1998, p. 38). It is also possible that subsurface flow occurs within a watershed and contributes water to some vernal pools and seasonally flooded alkali vernal plains (Hanes et al. 1990, p. 53; Hanes and Stromberg 1998, p. 48). In summary, N. fossalis depends on an entire local watershed that includes subsurface water flow over an area that is comprised of intermixed wetland and upland habitats.

Topography and Soils That Support Ponding During Winter and Spring

Topography and soils support ponding that occurs during winter and spring months. Impervious subsurface layers combined with flat to gently sloping topography serve to inhibit rapid infiltration of rainwater, resulting in ponding of vernal pools and seasonally flooded alkali vernal plains (Bramlet 1993a, p. 1; Bauder and McMillian 1998, pp. 57-59). Soils also function to moderate water chemistry and rate of water loss to evaporation (Zedler 1987, pp. 17-30). In Los Angeles

County, vernal pools that support Navarretia fossalis are found on

Cieneba-Pismo-Caperton soils (NRCS SSURGO, ca676. In western Riverside

County, seasonally flooded alkali vernal plain habitats that support N. fossalis are found on Domino, Traver, Waukena, Chino, (Bramlet 1993a, pp. 1, 10) (59 FR 64812; December 15, 1994) and Willows soils (Bramlet 2009, p. 4). In San Diego County, vernal pool habitats that support N. fossalis are found on Huerhuero, Placentia, Olivenhain, Stockpen, and

Redding soils (NRCS SSURGO, ca073).

Primary Constituent Elements for Navarretia Fossalis

Under the Act and its implementing regulations, we are required to identify the physical and biological features essential to the conservation of Navarretia fossalis. The physical and biological features are the primary constituent elements (PCEs) laid out in the appropriate quantity and spatial arrangement essential to the conservation of the species. Areas designated as critical habitat for

N. fossalis were occupied at the time of listing (see the Geographic

Range and Status section of the proposed revised rule for a more detailed explanation), are currently occupied, are within the species' historic geographical range, and contain sufficient PCEs to support N. fossalis.

Based on our current knowledge of the life history, biology, and ecology of Navarretia fossalis, and habitat characteristics required to sustain the essential life history functions of the species, we determined that the PCEs specific to N. fossalis are:

(1) PCE 1--Ephemeral wetland habitat. Vernal pools (up to 10 ac (4 ha)) and seasonally flooded alkali vernal plains that become inundated by winter rains and hold water or have saturated soils for 2 weeks to 6 months during a year with average rainfall (i.e., years where average rainfall amounts for a particular area are reached during the rainy season (between October and May)). This period of inundation is long enough to promote germination, flowering, and seed production for

Navarretia fossalis and other native species typical of vernal pool and seasonally flooded alkali vernal plain habitat, but not so long that true wetland species inhabit the areas.

(2) PCE 2--Intermixed wetland and upland habitats that act as the local watershed. Areas characterized by mounds, swales, and depressions within a matrix of upland habitat that result in intermittently flowing surface and subsurface water in swales, drainages, and pools described in PCE 1.

(3) PCE 3--Soils that support ponding during winter and spring.

Soils found in areas characterized in PCEs 1 and 2 that have a clay component or other property that creates an impermeable surface or subsurface layer. These soil types include, but are not limited to:

Cieneba-Pismo-Caperton soils in Los Angeles County; Domino, Traver,

Waukena, Chino, and Willows soils in Riverside County; and Huerhuero,

Placentia, Olivenhain, Stockpen, and Redding soils in San Diego County.

With this revised designation of critical habitat, we intend to conserve the physical and biological features essential to the conservation of the species, through the identification of the appropriate quantity and spatial arrangement of the PCEs sufficient to support the life-history functions of the species. For Navarretia fossalis, the size of the ephemeral wetland habitat can vary a great deal, but the most important factor (i.e., the appropriate quantity and spatial arrangement of the PCEs) in any of the subunits designated as critical habitat is that the vernal pool or alkali playa habitat has intact and functioning hydrology and intact adjacent upland areas that ensure a functioning ecosystem. All units and subunits designated as critical habitat contain the PCEs in the appropriate quantity and spatial arrangement essential to the conservation of this species and are currently occupied by N. fossalis.

Special Management Considerations or Protection

When designating critical habitat, we assess whether the areas within the geographical area occupied by the species at the time of listing contain the features that are essential to the conservation of the species and which may require special management considerations or protection.

Researchers estimate that greater than 90 percent of the vernal pool habitat in southern California has been converted as a result of past human activities (Bauder and McMillian 1998, pp. 56-67; Keeler-

Wolf et al. 1998, pp. 10, 60-61, 63-64). A detailed discussion of threats to Navarretia fossalis and its habitat can be found in the final listing rule (63 FR 54975; October 13, 1998), the previous critical habitat designation (70 FR 60658; October 18, 2005), and the

Recovery Plan for Vernal Pools of Southern California (Service 1998, pp. 1-113, appendices). The features essential to the conservation of

N. fossalis may require special management considerations or protection to reduce the following threats: habitat destruction and fragmentation from urban and agricultural development; pipeline construction; alteration of hydrology and floodplain dynamics; excessive flooding; channelization; water diversions; off-road vehicle (OHV) activity; trampling by cattle and sheep; weed abatement; fire suppression practices (including discing and plowing to remove weeds and create fire breaks); competition from nonnative plant species; direct and indirect impacts from some human recreational activities (63 FR 54975,

October 13, 1998; Service 1998, p. 7); and manure dumping (Roberts 2009, pp. 2-14).

In particular, manure dumping on private property along the San

Jacinto River area is impacting habitat within the Western Riverside

County MSHCP

Page 62201

area. These impacts are occurring despite identification of these areas as important for the survival and recovery of Navarretia fossalis and other sensitive species (such as Brodiaea filifolia) addressed in the

Western Riverside County MSHCP. Dumping of manure and sewage sludge should be avoided in all areas containing populations of N. fossalis.

As outlined in the Western Riverside County MSHCP, we have been working with permittees to implement additional ordinances that will help to control activities (such as manure dumping) that may impact the implementation of the Western Riverside County MSHCP conservation objectives. To date, the City of Hemet is the only Western Riverside

County MSHCP permittee that has addressed the negative impacts that manure dumping has on species such as N. fossalis and B. filifolia and their habitat trough the enactment of Ordinance 1666 (i.e., the ordinance that prevents manure dumping activities and educates its citizens). We will continue to work with Riverside County and permittees of the Western Riverside County MSHCP to address activities that may impact the species within this plan area, as well as other

HCPs and plan areas that may have other activities that impact N. fossalis and its habitat.

Special management considerations or protection are required within critical habitat areas to address these threats. Management activities that could ameliorate these threats include (but are not limited to) fencing Navarretia fossalis occurrences to prevent soil compaction and providing signage to discourage encroachment by hikers, cattle, sheep, and OHV activity; control of nonnative plants using methods shown to be effective; guiding the design of development projects to avoid impacts to N. fossalis habitat; enacting local ordinances to prohibit manure dumping; and restoring and maintaining natural hydrology and floodplain dynamics of watersheds associated with N. fossalis occurrences where feasible. These management activities will protect the PCEs for the species by reducing soil compaction to help maintain an impermeable surface (PCE 3) that supports ephemeral wetland habitat (PCE 1), which is needed to promote germination, flowering, and seed production for N. fossalis. Additionally, management of critical habitat lands will help maintain both the wetland and upland habitat that acts as the local watershed and provides intermittent flowing water on the surface and subsurface (PCEs 2 and 3).

Criteria Used To Identify Critical Habitat

As required by section 4(b) of the Act, we used the best scientific and commercial data available to designate critical habitat. We only designate areas outside the geographical area occupied by a species when a designation limited to its present range would be inadequate to ensure the conservation of the species (50 CFR 424.12 (e)). We are not designating any areas outside the geographical area occupied by

Navarretia fossalis because occupied areas are sufficient for the conservation of the species.

This revised rule updates our 2005 final designation of critical habitat for Navarretia fossalis with the best available scientific information. For some areas analyzed in 2005, we have new information from survey reports and public comments that led us to either add or remove areas from critical habitat designation.

This section provides details of the process and criteria we used to delineate a final revised critical habitat designation for

Navarretia fossalis. This revised rule is based largely on areas that are identified as required for the conservation of N. fossalis in the

Recovery Plan for Vernal Pools of Southern California (Service 1998, pp.1-113, appendices), the 2005 final critical habitat designation, and new information obtained since that designation. Table 3 in this rule depicts the areas essential for N. fossalis conservation; it does not include all locations occupied by N. fossalis. It includes only those locations that were:

(1) Included in Appendix F or G of the Recovery Plan;

(2) designated, excluded, or exempt in the 2005 final critical habitat designation;

(3) proposed as critical habitat in the 2009 rule or proposed as critical habitat in the Federal Register notice published on April 15, 2010 (75 FR 19575); or

(4) designated, excluded, or exempt in this final revised critical habitat designation.

The unit names used in this revised critical habitat for N. fossalis are based on those used for management areas in the 1998

Recovery Plan. The specific changes made to the 2005 final critical habitat designation are summarized in the Summary of Changes From

Previously Designated Critical Habitat section of this rule.

We analyzed the biology, life history, ecology, and distribution

(historical, at the time of listing, and current) of Navarretia fossalis. Based on this information, we are designating revised critical habitat in areas within the geographical area occupied by N. fossalis at the time of listing and currently occupied that contain the

PCEs in the quantity and spatial arrangement to support life-history functions essential to the conservation of the species (see the

Geographic Range and Status section in the proposed revised rule (74 FR 27588; June 10, 2009) for more information). We are not designating any areas outside the geographical area occupied by the species at the time of listing. All units and subunits contain the PCEs in the appropriate quantity and spatial arrangement essential to the conservation of N. fossalis.

Table 3. Areas necessary for Navarretia fossalis conservation as described in the 1998 Recovery Plan, 2005 final critical habitat designation, 2009 proposed revised critical habitat designation, 2010 revisions proposed in the availability of the DEA, and this 2010 final revised critical habitat designation.

Proposed Revised

Critical Habitat

Recovery Plan

Final Critical

Subunits (based on

Final Revised

Location*

Appendix

Habitat Subunits 2009 proposal and Critical Habitat

(2005)

2010 availability

Subunits (2010) of the DEA)

Unit 1: Los Angeles Basin-Orange Management Area

Cruzan Mesa

F

1A

1A

1A

Plum Canyon

N/A

1B

1B

1B

Unit 2: San Diego: Northern Coastal Mesa Management Area

Page 62202

Stuart Mesa, Marine Corps Base

F

4(a)(3) exemption 4(a)(3) exemption 4(a)(3) exemption

(MCB) Camp PendletonRecovery plan (RP)** name: Stuart Mesa

Wire Mountain, MCB Camp

F

--

4(a)(3) exemption 4(a)(3) exemption

Pendleton RP name: Wire

Mountain

Poinsettia Lane Commuter Station F

2 (partially

2

2

RP name: JJ 2 Poinsettia Lane

excluded under section 4(b)(2))

Unit 3: San Diego: Central Coastal Mesa Management Area

Santa Fe Valley (Crosby Estates) N/A

--

3A

Excluded under section 4(b)(2)

Carroll Canyon (D 5-8)

--

--

3B

3B

Nobel Drive (X 5)

--

--

3C

3C

Large Pool northwest of runway, N/A

--

4(a)(3) exemption 4(a)(3) exemption

MCAS Miramar

EE1-2, MCAS Miramar RP name: EE1- F

4(a)(3) exemption --

-- 2, Miramar Interior

Kearny Mesa (U 19)

N/A

4(a)(3) exemption --

--

New Century (BB 2)RP name: BB 2 G

--

--

--

New Century

Montgomery Field RP name: N1-4, F

Excluded under

3D

3D 6 Montgomery Field

section 4(b)(2)

Unit 4: San Diego: Inland Management Area

San Marcos (North L 15)RP name: G

--

--

--

L 7, 8, 14-20

San Marcos (Northwest L 14)RP

G

--

--

-- name: L 7, 8, 14-20

San Marcos (L 1-6)RP name: L 1- F

4C1

4C1

4C1 6, 9-13 San Marcos

San Marcos (L 9-10)RP name: L 1- F

4C2

4C2

4C2 6, 9-13 San Marcos

San Marcos (L 11-13)RP name: L 1- F

4D

4D

4D 6, 9-13 San Marcos

Page 62203

San Marcos (North L 15)RP name: G

--

--

--

L 7, 8, 14-20

Ramona RP name: Ramona

F

--

--

--

Ramona RP name: Ramona T

G

4E

4E

4E

Unit 5: San Diego: Southern Coastal Mesa Management Area

Sweetwater Vernal Pools (S1-3)RP F

5A ( partially

5A

5A name: Sweetwater Lake

excluded under section 4(b)(2))

Otay River Valley (M2)

--

5B

5B

5B

Otay Mesa (J26)RP name: J 26

F

5C

5C

5C

Otay Mesa

Proctor Valley (R1)RP name: R

F

--

5F

5F

Proctor Valley

Otay Reservoir (K3-5)RP name: K3- F

--

5G

5G 5 Otay River

K1, 2 RP name: K 1, 2, 6, 7 Otay G

Excluded under

Does not meet the --

River

section 4(b)(2) definition of

Critical.

Habitat...........

K 6, 7 RP name: K 1, 2, 6, 7

G

--

--

--

Otay River

Western Otay Mesa vernal pool

F / G

Excluded under

5H / 5I

5H / 5I complexes RP name: J 2, 5, 7,

section 4(b)(2) 11-21, 23-30 Otay Mesa / J 3

Otay Mesa

Western Otay Mesa vernal pool

N/A

--

5H

5H complexes (J 32 (West Otay A +

B), J 33 (Sweetwater High

School))

Eastern Otay Mesa vernal pool

F / G

Excluded under

5H / 5I

5H / 5I complexes RP name: 23-30 Otay

section 4(b)(2)

Mesa / J 22 Otay Mesa

Eastern Otay Mesa vernal pool

--

Excluded under

Does not meet the -- complexes RP name: J 19, 27,

section 4(b)(2) definition of 28E, 28W Otay Mesa

Critical.

Habitat...........

RP name: J (undescribed)

G

--

--

--

Unit 6: Riverside Management Area

San Jacinto River RP name: San

F

Excluded under

6A

6A

Jacinto

section 4(b)(2)

Page 62204

Salt Creek Seasonally Flooded

F

Excluded under

6B

6B

Alkali Plain RP name: Hemet/

section 4(b)(2)

Salt Creek

Wickerd Road and Scott Road

N/A

--

6C

6C

Pools

Skunk Hollow RP name: Skunk

--

Excluded under

6D

Excluded under

Hollow

section 4(b)(2)

Section 4(b)(2)

RP name: Temecula

F

--

--

--

Mesa de Burro RP name: Santa

F

Excluded under

6E

Excluded under

Rosa Plateau

section 4(b)(2)

Section 4(b)(2)

Total Areas (out of 39 areas

27

22

28

28 listed in this table)

*This table does not include all locations occupied by Navarretia fossalis. It includes only those locations included in Appendix F or G of the Recovery Plan (``RP'' in above table); designated, excluded, or exempt in 2005; proposed as critical habitat in the 2009 rule; proposed as revisions to proposed rule as identified in the document making available the DEA; or designated, excluded, or exempt in this final rule. Note: The alpha- numeric vernal pool labels were applied in the Recovery Plan.

**RP name = Name in Recovery Plan, if different from the current rule.

Appendices F and G of the Recovery Plan provide information on the areas needed to stabilize (prevent extinction of) Navarretia fossalis

(Appendix F) and the areas that should be conserved and managed to reclassify or recover N. fossalis (Appendix G). In Table 3, we summarized the data from the Recovery Plan. According to this summary, 27 locations were highlighted as areas that should be conserved and managed to recover N. fossalis. Our 2005 final rule to designate critical habitat (70 FR 60658; October 18, 2005) used the Recovery Plan as the basis for designating critical habitat; however, the rule included some additions to and subtractions from those areas deemed essential to the conservation of N. fossalis in the Recovery Plan. Nine areas that the Recovery Plan identified as necessary for recovery were not identified in the 2005 final rule as essential to the conservation of N. fossalis, and four areas not in the Recovery Plan were added.

These nine areas were sites where we did not have specific occurrence data or areas where recent surveys had not found N. fossalis. The four areas added to the 2005 final rule were locations where occurrence data indicated that these areas contained the features essential to the conservation of N. fossalis. A total of 22 areas were identified in the 2005 final rule as essential to the conservation of Navarretia fossalis

(see Table 3).

We did not include seven occurrences of N. fossalis highlighted in the Recovery Plan in the proposed revised critical habitat designation or this final rule. We do not have detailed information on these occurrences, and N. fossalis has not been observed during recent surveys at some of these sites. Additionally, we included areas in this revised critical habitat (based on new data) that were not identified as necessary for recovery in the Recovery Plan. While some of the areas are different, non-inclusion of some areas in the Recovery Plan and inclusion of other areas for which we have better data will achieve the overall goal of the Recovery Plan for N. fossalis and provide for conservation of this species.

In this revised designation of critical habitat for Navarretia fossalis, using the best scientific and commercial information, we selected areas that possess those physical and biological features essential to the conservation of the species, and which may require special management considerations or protection. We took into account past conservation planning for N. fossalis in the Recovery Plan and in the 2005 critical habitat designation. For this revised rule, we completed the following steps to delineate critical habitat:

(1) Compiled all available data on N. fossalis into a GIS database;

(2) Reviewed data to ensure accuracy;

(3) Determined which occurrences were known to occur at the time of listing;

(4) Determined which areas are currently occupied;

(5) Defined the areas containing the features essential to the conservation of N. fossalis in terms of core habitat areas and satellite habitat areas;

(6) Determined if each occupied area represents core habitat or satellite habitat and, therefore, should be designated as critical habitat; and

(7) For both core and satellite habitat areas, mapped the specific locations that contain the essential physical and biological features

(PCEs in the appropriate quantity and spatial arrangement needed to support life-history functions essential to the conservation of N. fossalis).

These steps are described in detail below.

(1) We compiled all available data on Navarretia fossalis into a

GIS database. Data on locations where N. fossalis occurs were based on collections and

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observations made by botanists (both amateur and professional), biological consultants, and academic researchers. We compiled data from the following sources to create our GIS database for N. fossalis: (a)

Data used in the Recovery Plan and in the 2005 final critical habitat rule for N. fossalis (70 FR 60658); (b) the CNDDB data report for N. fossalis and accompanying GIS records (CNDDB 2008, pp. 1-44); (c) data presented in the City of San Diego's Vernal Pool Inventory for 2002- 2003 (City of San Diego 2004, pp. 1-125, appendices); (d) the data report for N. fossalis from the California Consortium of Herbaria and accompanying Berkeley Mapper GIS records (Consortium of California

Herbaria 2008, pp. 1-17); (e) the Western Riverside County MSHCP species GIS database; and (f) the Carlsbad Fish and Wildlife Office's internal species GIS database, which includes the species data used for the San Diego MSCP and the San Diego MHCP, reports from section 7 consultations, and Service observations of N. fossalis (Carlsbad Fish and Wildlife Office's internal species GIS database).

(2) We reviewed the Navarretia fossalis data that we compiled to ensure its accuracy. We checked each data point in our database to ensure that it represented an original collection or observation of N. fossalis. Data that did not represent an original collection or observation were removed from our database. We checked each data point to ensure that it was mapped in the correct location. Data points that did not match the description for the original collection or observation were remapped in the correct location or removed from our database.

(3) We determined which Navarretia fossalis occurrences existed at the time of listing. We concluded that all known occurrences, except for a single occurrence translocated after this species was listed, were extant at the time of listing. We drew this conclusion because N. fossalis has limited dispersal capabilities. We believe the documentation of additional occurrences after the species was listed was due to an increased effort to survey for this species. In other words, we do not believe this species has naturally colonized any new areas since it was listed.

(4) We determined which areas are currently occupied by Navarretia fossalis. For areas where we had past occupancy data for the species, we assumed the area is currently occupied unless: (a) Two or more rare plant surveys conducted during the past 10 years did not find N. fossalis (providing the surveys were conducted in years with average rainfall (i.e., years where average rainfall amounts for a particular area are reached during the rainy season between October and May)) and during the appropriate months to find this species (i.e., March, April, and May); or (b) the site was significantly disturbed since the last observation of the species at that location.

(5) We defined the areas necessary for conservation of Navarretia fossalis in terms of ``core habitat areas'' and ``satellite habitat areas.'' See the Areas Needed for Conservation: Core and Satellite

Habitat Areas section in this rule for definitions of these areas.

(6) We determined if each occupied area represents core habitat or satellite habitat. In the final listing rule (63 FR 54975; October 13, 1998), we stated that 60 percent of the known Navarretia fossalis occurrences are concentrated in three locations: Otay Mesa in southern

San Diego County, along the San Jacinto River in western Riverside

County, and near Hemet in Riverside County (referred to as the Salt

Creek Seasonally Flooded Alkali Plain in this final critical habitat rule). These three areas represent core habitat for N. fossalis. In addition to these three core habitat areas, Mesa de Burro in Riverside

County represents core habitat for this species due to the large species abundance observed there in 2008, and the large amount of intact vernal pool habitat on this mesa. In total, we identified four core habitat areas for N. fossalis. Large populations of N. fossalis are currently present in these four areas, but there have been significant impacts to these areas in the form of habitat fragmentation, nonnative plant invasion, agricultural activities, and unauthorized recreational use. Because these four areas represent large, interconnected ephemeral wetland areas and large N. fossalis populations, they are essential to, and will serve as anchors for, the overall conservation effort for this species. Additionally, the conservation of these four areas will sustain the largest populations of N. fossalis, allowing the species to persist where it will be less constrained by the threats that negatively impact its essential habitat features (PCEs).

Habitat areas outside the four core habitat areas also support stable, intact occurrences of Navarretia fossalis. These satellite areas represent unique habitat within this species' range that also contain the PCEs laid out in the appropriate quantity and spatial arrangement essential to the conservation of the species. The satellite habitat areas occur over a wide range of soils and at various elevations that include several occurrences over a range of environmental variables, the preservation of which will help maintain the genetic diversity of N. fossalis. The satellite habitat areas are essential to the conservation of N. fossalis because they allow for connections between existing occurrences of the species, and together with the core habitat areas, will create a sustainable matrix of habitat for N. fossalis that will enable it to evolve and potentially respond to future environmental changes.

Areas of essential habitat that are smaller than core habitat areas were selected as satellite habitat areas if Navarretia fossalis persists from year to year (i.e., areas that may be isolated and likely to be genetically unique), and are: (a) on the periphery of this species' geographical distribution; (b) geographically isolated from other occurrences; or (c) provide connections between other satellite or core habitat areas. Additional discussion about exceptions to the assignment of satellite areas is found below in the Critical Habitat

Units section of this rule.

(7) For the core and satellite habitat areas, we mapped the specific areas that contain the physical and biological features (the

PCEs) in the quantity and spatial arrangement needed to support life history functions essential to Navarretia fossalis. We first mapped the ephemeral wetland habitat in the occupied area using occurrence data, aerial imagery, and 1:24,000 topographic maps. We then mapped the intermixed wetland and upland habitats that make up the local watersheds and the topography and soils that support the occupied ephemeral wetland habitat. We identified the gently sloping area associated with ephemeral wetland habitat and any adjacent areas that slope toward and contribute to the hydrology of the ephemeral wetland habitat. In most cases, we delineated the border of revised critical habitat around the occupied ephemeral wetlands and associated local watershed areas to follow natural breaks in the terrain such as ridgelines, mesa edges, and steep canyon slopes.

When determining the revised critical habitat boundaries, we made every effort to map precisely only the areas that contain the PCEs and provide for the conservation of Navarretia fossalis. However, due to the mapping scale that we use to draft critical habitat boundaries, we cannot guarantee that every fraction of revised critical habitat contains the PCEs. Additionally, we made every attempt to avoid including developed areas such as lands underlying buildings, paved areas, and other structures that lack PCEs for N.

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fossalis. 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 areas. Any developed structures and the land under them inadvertently left inside critical habitat boundaries shown on the maps of this revised critical habitat designation are excluded by text in this rule and are not designated as critical habitat. Therefore, Federal actions involving these lands would not trigger section 7 consultation with respect to critical habitat and the requirement of no adverse modification unless the specific actions may affect the species or PCEs in adjacent critical habitat.

Revised Critical Habitat Designation

We are designating 6 units that include 19 subunits as critical habitat for Navarretia fossalis. Table 4 identifies the approximate area of each critical habitat subunit by land ownership. These subunits, which generally correspond to the geographic area of the subunits delineated in the 2005 designation, replace the current critical habitat designation for N. fossalis in 50 CFR 17.96(a). The critical habitat areas we describe below constitute our best assessment of areas determined to be occupied at the time of listing that contain the primary constituent elements in the appropriate quantity and spatial arrangement (i.e., essential features) which may require special management considerations or protection. We are not designating any unoccupied areas or areas outside of the species' historical range because we determined that occupied lands within the species' historical range are sufficient for the conservation of N. fossalis provided that these lands are protected or receive special management considerations for N. fossalis.

Table 4. Area and ownership for lands included in the Navarretia fossalis revised critical habitat designation.

Location

Federal

State Government

Local Government

Private

Total

Unit 1: Los Angeles Basin-Orange Management Area

1A. Cruzan Mesa

--

--

--

156 ac

156 ac

(63 ha).............. (63 ha)

1B. Plum Canyon

--

--

--

20 ac

20 ac

(8 ha)............... (8 ha)

Unit 2: San Diego: Northern Coastal Mesa Management Area

  1. Poinsettia Lane Commuter Station --

--

6 ac

3 ac

9 ac

(3 ha)............... (1 ha)............... (4 ha)

Unit 3: San Diego: Central Coastal Mesa Management Area

3B. Carroll Canyon

--

--

17 ac

1 ac

18 ac

(7 ha)............... (

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