Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for Navarretia fossalis (Spreading Navarretia)

Federal RegisterOct 7, 2010

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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

designation of critical habitat for

N. fossalis

and

Brodiaea filifolia

(

Center for Biological Diversity

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.

Critical habitat unit in this final rule

County

October 2005 critical habitat designation

June 2009 proposed revised critical habitat designation

April 2010 changes to proposed revised critical habitat

designation

September 2010

revised critical habitat designation

Unit 1: Los Angeles Basin-Orange Management Area

Los Angeles

326 ac

(132 ha)

161 ac

(65 ha)

176 ac

(71 ha)

176 ac

(71 ha)

Unit 2: San Diego: Northern Coastal Mesa Management Area

San Diego

22 ac

(9 ha)

9 ac

(4 ha)

9 ac

(4 ha)

9 ac

(4 ha)

Unit 3: San Diego: Central Coastal Mesa Management Area

San Diego

0 ac

(0 ha)

110 ac

(45 ha)

108 ac

(44 ha)

103 ac

(42 ha)

Unit 4: San Diego: Inland Management Area

San Diego

159 ac

(64 ha)

206 ac

(83 ha)

206 ac

(83 ha)

206 ac

(83 ha)

Unit 5: San Diego: Southern Coastal Mesa Management Area

San Diego

145 ac

(59 ha)

711 ac

(288 ha)

753 ac

(305 ha)

749 ac

(303 ha)

Unit 6: Riverside Management Area

Riverside

0 ac

(0 ha)

5,675 ac

(2,297 ha)

6,356 ac

(2,572 ha)

5,477 ac

(2,217 ha)

Totals*

652 ac

(264 ha)

6,872 ac

(2,781 ha)

7,608 ac

(3,079 ha)

6,720 ac

(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

(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.

Location*

2005 Critical Habitat

Designation

Subunit

Area Containing Essential

Features

2009 Proposed Revised Critical

Habitat

Subunit

Area Containing Essential

Features

2010 Revised Critical Habitat

Designation

Subunit

Area Containing Essential

Features

Unit 1: Los Angeles Basin-Orange Management Area

Cruzan Mesa

294 ac

(119 ha)

129 ac

(52 ha)

156 ac

(63 ha)

Plum Canyon

32 ac

(13 ha)

32 ac

(13 ha)

20 ac

(8 ha)

Unit 2: San Diego: Northern Coastal Mesa Management Area

MCB Camp Pendleton

4(a)(3) exemption

67 ac

(27 ha)

4(a)(3) exemption

145 ac

(59 ha)

4(a)(3) exemption

145 ac

(59 ha)

Poinsettia Lane Commuter Station

2; partially

excluded under section 4(b)(2)

22 ac

(9 ha)

9 ac

(4 ha)

9 ac

(4 ha)

Unit 3: San Diego: Central Coastal Mesa Management Area

Santa Fe Valley

Proposed as

Unit 3, but

determined not essential

—

Not proposed

—

Not proposed

—

Santa Fe Valley (Crosby Estates)

—

5 ac

(2 ha)

Excluded under section 4(b)(2)

5 ac

(2 ha)

Carroll Canyon

—

20 ac

(8 ha)

18 ac

(7 ha)

Nobel Drive

—

37 ac

(15 ha)

37 ac

(15 ha)

MCAS Miramar

4(a)(3) exemption

61 ac

(25 ha)

4(a)(3) exemption

69 ac

(28 ha)

4(a)(3) exemption

69 ac

(28 ha)

Montgomery Field

Excluded under section 4(b)(2)

38 ac

(16 ha)

48 ac

(20 ha)

48 ac

(20 ha)

Unit 4: San Diego: Inland Management Area

San Marcos (Upham)

4C1

34 ac

(14 ha)

4C1

34 ac

(14 ha)

4C1

34 ac

(14 ha)

San Marcos (Universal Boot)

4C2

32 ac

(13 ha)

4C2

32 ac

(13 ha)

4C2

32 ac

(13 ha)

San Marcos (Bent Avenue)

7 ac

(3 ha)

5 ac

(2 ha)

5 ac

(2 ha)

Ramona

86 ac

(35 ha)

135 ac

(55 ha)

135 ac

(55 ha)

Unit 5: San Diego: Southern Coastal Mesa Management Area

Sweetwater Vernal Pools (S1-3)

5A; partially

excluded under section 4(b)(2)

89 ac

(36 ha)

Excluded

74 ac

(30 ha)

95 ac

(38 ha)

95 ac

(38 ha)

Otay River Valley (K1 and K2)

Excluded under section 4(b)(2)

57 ac

(23 ha)

Not proposed,

determined not essential

—

Not proposed,

determined not essential

—

Otay River Valley (M2)

5B and excluded under section 4(b)(2)

42 ac

(17 ha)

Excluded

67 ac

(27 ha)

24 ac

(10 ha)

24 ac

(10 ha)

Otay Mesa (J26)

5C and excluded under section 4(b)(2)

14 ac

(6 ha)

Not proposed,

determined not essential

—

5C***

42 ac

(17 ha)

Arnie's Point

Proposed as Subunit 5D, but determined not essential

—

Not proposed

—

Not proposed

—

Proctor Valley (R1-2)

—

88 ac

(36 ha)

88 ac

(36 ha)

Otay Lakes (K3-5)

—

140 ac

(57 ha)

140 ac

(57 ha)

Western Otay Mesa vernal pool complexes

Excluded under section 4(b)(2)

117 ac

(47 ha)

143 ac

(58ha)

143 ac

(58ha)

Eastern Otay Mesa vernal pool complexes

Excluded under section 4(b)(2)

277 ac

(112 ha)

221 ac

(89 ha)

221 ac

(89 ha)

Unit 6: Riverside Management Area

San Jacinto River

Excluded under section 4(b)(2)

10,774 ac

(4,360 ha)

3,550 ac

(1,437 ha)

6A***

4,312 ac

(1,745 ha)

Salt Creek Seasonally Flooded Alkali Plain

Excluded under section 4(b)(2)

2,233 ac

(904 ha)

1,054 ac

(427 ha)

930 ac

(376 ha)

Wickerd Road and Scott Road Pools

Excluded under section 4(b)(2)

275 ac

(111 ha)

205 ac

(83 ha)

6C***

235 ac

(95 ha)

Skunk Hollow

Excluded under section 4(b)(2)

306 ac

(124 ha)

158 ac

(64 ha)

Excluded under section 4(b)(2)

158 ac

(64 ha)

Mesa de Burro

Excluded under section 4(b)(2)

4,396 ac

(1,779 ha)

708 ac

(287 ha)

Excluded under section 4(b)(2)

708 ac

(287 ha)

Total Area Essential for the Conservation of

Navarretia fossalis**

—

19,399 ac

(7,851 ha)

—

7,086 ac

(2,868 ha)

—

7,804 ac

(3,158 ha)

Total Area Exempt Under Section 4(a)(3

)**

—

128 ac

(52 ha)

—

213 ac

(86 ha)

—

213 ac

(86 ha)

Total Area Excluded Under Section 4(b)(2

)**

—

18,619 ac

(7,535 ha)

—

0 ac

(0 ha)

—

871 ac

(353 ha)

Total Area Designated as Critical Habitat for

Navarretia fossalis**

—

652 ac

(264 ha)

—

N/A

—

6,720 ac

(2,720 ha)

*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,

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 A

pplication 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

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;

(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

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

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

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.

Location*

Recovery Plan Appendix

Final Critical Habitat Subunits (2005)

Proposed Revised Critical Habitat Subunits (based on 2009 proposal and 2010 availability of the DEA)

Final Revised Critical Habitat Subunits (2010)

Unit 1: Los Angeles Basin-Orange Management Area

Cruzan Mesa

Plum Canyon

N/A

Unit 2: San Diego: Northern Coastal Mesa Management Area

Stuart Mesa, Marine Corps Base (MCB) Camp PendletonRecovery plan (RP)** name: Stuart Mesa

4(a)(3) exemption

Wire Mountain, MCB Camp Pendleton RP name: Wire Mountain

—

4(a)(3) exemption

Poinsettia Lane Commuter Station RP name: JJ 2 Poinsettia Lane

2 (partially excluded under section 4(b)(2))

Unit 3: San Diego: Central Coastal Mesa Management Area

Santa Fe Valley (Crosby Estates)

N/A

—

Excluded under section 4(b)(2)

Carroll Canyon (D 5-8)

—

Nobel Drive (X 5)

—

Large Pool northwest of runway, MCAS Miramar

N/A

—

4(a)(3) exemption

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

4(a)(3) exemption

—

Kearny Mesa (U 19)

N/A

4(a)(3) exemption

—

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

—

Montgomery Field RP name: N1-4, 6 Montgomery Field

Excluded under section 4(b)(2)

Unit 4: San Diego: Inland Management Area

San Marcos (North L 15)RP name: L 7, 8, 14-20

—

San Marcos (Northwest L 14)RP name: L 7, 8, 14-20

—

San Marcos (L 1-6)RP name: L 1-6, 9-13 San Marcos

4C1

San Marcos (L 9-10)RP name: L 1-6, 9-13 San Marcos

4C2

San Marcos (L 11-13)RP name: L 1-6, 9-13 San Marcos

San Marcos (North L 15)RP name: L 7, 8, 14-20

—

Ramona RP name: Ramona

—

Ramona RP name: Ramona T

Unit 5: San Diego: Southern Coastal Mesa Management Area

Sweetwater Vernal Pools (S1-3)RP name: Sweetwater Lake

5A ( partially excluded under section 4(b)(2))

Otay River Valley (M2)

—

Otay Mesa (J26)RP name: J 26 Otay Mesa

Proctor Valley (R1)RP name: R Proctor Valley

—

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

—

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

Excluded under section 4(b)(2)

Does not meet the

definition of Critical

Habitat

—

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

—

Western Otay Mesa vernal pool complexes RP name: J 2, 5, 7, 11-21, 23-30 Otay Mesa / J 3 Otay Mesa

F / G

Excluded under section 4(b)(2)

5H / 5I

Western Otay Mesa vernal pool complexes (J 32 (West Otay A + B), J 33 (Sweetwater High School))

N/A

—

Eastern Otay Mesa vernal pool complexes RP name: 23-30 Otay Mesa / J 22 Otay Mesa

F / G

Excluded under section 4(b)(2)

5H / 5I

Eastern Otay Mesa vernal pool complexes RP name: J 19, 27, 28E, 28W Otay Mesa

—

Excluded under section 4(b)(2)

Does not meet the

definition of Critical

Habitat

—

RP name: J (undescribed)

—

Unit 6: Riverside Management Area

San Jacinto River RP name: San Jacinto

Excluded under section 4(b)(2)

Salt Creek Seasonally Flooded Alkali Plain RP name: Hemet/ Salt Creek

Excluded under section 4(b)(2)

Wickerd Road and Scott Road Pools

N/A

—

Skunk Hollow RP name: Skunk Hollow

—

Excluded under section 4(b)(2)

Excluded under Section 4(b)(2)

RP name: Temecula

—

Mesa de Burro RP name: Santa Rosa Plateau

Excluded under section 4(b)(2)

Excluded under Section 4(b)(2)

Total Areas (out of 39 areas 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

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

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

(63 ha)

156 ac

(63 ha)

1B. Plum Canyon

—

20 ac

(8 ha)

20 ac

(8 ha)

Unit 2: San Diego: Northern Coastal Mesa Management Area

2. Poinsettia Lane Commuter Station

—

6 ac

(3 ha)

3 ac

(1 ha)

9 ac

(4 ha)

Unit 3: San Diego: Central Coastal Mesa Management Area

3B. Carroll Canyon

—

17 ac

(7 ha)

1 ac

(< 1 ha)

18 ac

(7 ha)

3C. Nobel Drive

—

37 ac

(15 ha)

—

37 ac

(15 ha)

3D. Montgomery Field

—

48 ac

(20 ha)

—

48 ac

(20 ha)

Unit 4: San Diego: Inland Management Area

4C1. San Marcos (Upham)

—

34 ac

(14 ha)

34 ac

(14 ha)

4C2. San Marcos (Universal Boot)

—

15 ac

(6 ha)

17 ac

(7 ha)

32 ac

(13 ha)

4D. San Marcos (Bent Avenue)

—

5 ac

(2 ha)

5 ac

(2 ha)

4E. Ramona

—

3 ac

(1 ha)

132 ac

(53 ha)

135 ac

(55 ha)

Unit 5: San Diego: Southern Coastal Mesa Management Area

5A. Sweetwater Vernal Pools (S1-3)

23 ac

(9 ha)

1 ac

(<1 ha)

71 ac

(29 ha)

—

95 ac

(38 ha)

5B. Otay River Valley (M2)

—

24 ac

(10 ha)

24 ac

(10 ha)

5C. Otay Mesa (J26)

—

2 ac

(1 ha)

24 ac

(10 ha)

16 ac

(7 ha)

42 ac

(17 ha)

5F. Proctor Valley (R1-2)

—

51 ac

(21 ha)

37 ac

(15 ha)

88 ac

(36 ha)

5G. Otay Lakes (K3-5)

—

140 ac

(57 ha)

—

140 ac

(57 ha)

5H. Western Otay Mesa vernal pool complexes

—

41 ac

(17 ha)

98 ac

(40 ha)

139 ac

(56 ha)

5I. Eastern Otay Mesa vernal pool complexes

—

221 ac

(89 ha)

221 ac

(89 ha)

Unit 6: Riverside Management Area

6A. San Jacinto River

—

1,504 ac

(608 ha)

—

2,808 ac

(1,136 ha)

4,312 ac

(1,745 ha)

6B. Salt Creek Seasonally Flooded Alkali Plain

—

930 ac

(376 ha)

930 ac

(376 ha)

6C. Wickerd Road and Scott Road Pools

—

235 ac

(95 ha)

235 ac

(95 ha)

Total

23 ac

(9 ha)

1,507 ac

(610 ha)

453 ac

(183 ha)

4,737 ac

(1,917 ha)

6,720 ac

(2,720 ha)*

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

Critical Habitat Units

Presented below are brief descriptions of all subunits included in the

Navarretia fossalis

revised critical habitat designation and reasons why they meet the definition of critical habitat for the species. The units in this revised critical habitat correspond to the management areas described in the 1998 Recovery Plan for Vernal Pools of Southern California. Each subunit contains either: (1) A core habitat area; or (2) a satellite habitat area that provides connectivity between core habitat areas or other satellite habitat areas. Areas identified as subunits that harbor satellite habitat areas were identified as containing features essential to the conservation of the species (compared to other areas not identified as essential habitat) due to a combination of their geographic proximity to core habitat areas, their status as an area that supports a stable occurrence (representing occurrences that continue to persist within a given geographic area), and the likelihood that these particular habitat areas support genetically unique occurrences. Other areas not qualifying as satellite areas are occurrences that are represented by one or more of the following characteristics: Occurrence consisting of few individuals; no detailed information on occurrence; lack of observations during recent surveys; locations not identified in the Recovery Plan; or areas have low likelihood of persistence due to fragmentation or enclosure by developed areas.

Unit 1: Los Angeles Basin—Orange Management Area

Unit 1 is located in northwestern Los Angeles County and consists of two subunits totaling 176 ac (71 ha) of private land.

Subunit 1A: Cruzan Mesa

Subunit 1A is located near the City of Santa Clarita in Los Angeles County. This subunit is on Cruzan Mesa, northwest of Forest Park and the Sierra Highway and southwest of Vasquez Canyon Road. Subunit 1A consists of 156 ac (63 ha) of private land and meets our selection criteria as satellite habitat. Cruzan Mesa is one of the only areas in Los Angeles County that supports mesa-top vernal pools. As satellite habitat, this subunit supports a stable occurrence of

Navarretia fossalis

, provides potential connectivity with Subunit 1B, and likely supports a genetically distinct occurrence because of the separation of these two northern occurrences from other occurrences of

N. fossalis

. This subunit and Subunit 1B (described below) represent the most northern occurrences of this species. Subunit 1A contains the physical and biological features that are essential to the conservation of

N. fossalis

, including ephemeral wetland habitat (PCE 1), intermixed wetland and upland habitats that act as the local watershed (PCE 2), and the topography and soils that support ponding during winter and spring months (PCE 3). The physical and biological features essential to the conservation of the species in this subunit may require special management considerations or protection to address threats from nonnative plant species and activities (such as mowing or grading) that occur in the vernal pool basins. Please see the

Special Management Considerations or Protection

section of this rule for a discussion of the threats to

N. fossalis

habitat and potential management considerations.

Subunit 1B: Plum Canyon

Subunit 1B is located near the City of Santa Clarita in Los Angeles County. This subunit is in Plum Canyon, west of Forest Park and the Sierra Highway and north of Plum Canyon Road. Subunit 1B consists of 20 ac (8 ha) of private land and meets our selection criteria as satellite habitat. As satellite habitat, this subunit supports a stable occurrence of

Navarretia fossalis

, provides potential connectivity with Subunit 1A, and likely supports a genetically distinct occurrence because of the separation of these two northern occurrences from other occurrences of

N. fossalis

. The Plum Canyon vernal pool habitat occurs on a flat area down-slope from the

vernal pools on Cruzan Mesa. The vernal pools on Cruzan Mesa (Subunit 1A) and Plum Canyon represent the only habitat for

N. fossalis

in Los Angeles County and the most northern occurrences of this species. Subunit 1B contains the physical or biological features essential to the conservation of

N. fossalis

Special Management Considerations or Protection

section of this rule for a discussion of the threats to

N. fossalis

habitat and potential management considerations.

Unit 2: San Diego—Northern Coastal Mesa Management Area

Poinsettia Lane Commuter Station

Unit 2 is located in the City of Carlsbad in San Diego County and contains 6 ac (3 ha) of land owned by the North County Transit District and 3 ac (1 ha) of private land. This unit is loosely bounded by Avenida Encinas on the north, a housing development on the east, Poinsettia Lane on the south, and train tracks on the west. Unit 2 meets our selection criteria as satellite habitat because it supports a stable occurrence of

Navarretia fossalis

and provides potential connectivity between occurrences on MCB Camp Pendleton and Subunits 4C1, 4C2, and 4D. The Poinsettia Lane vernal pool complex consists of a series of vernal pools that run parallel to a berm created by the train tracks. Unit 2 contains the physical and biological features that are essential to the conservation of

N. fossalis

, including ephemeral wetland habitat (PCE 1), intermixed wetland and upland habitats that act as the local watershed (PCE 2), and the topography and soils that support ponding during winter and spring months (PCE 3). The physical and biological features essential to the conservation of the species in this unit may require special management considerations or protection to address threats from nonnative plant species and activities (such as unauthorized recreational use) that occur in the vernal pool basins. Please see the

Special Management Considerations or Protection

section of this rule for a discussion of the threats to

N. fossalis

habitat and potential management considerations.

Unit 3: San Diego—Central Coastal Mesa Management Area

Unit 3 is located in central coastal San Diego County and consists of three subunits totaling 103 ac (42 ha). This unit contains 102 ac (42 ha) owned by State and local governments, and approximately 1 ac (less than 1 ha) of private land.

Subunit 3B: Carroll Canyon

Subunit 3B is located in the City of San Diego in San Diego County. This subunit is located to the southwest of the intersection of Parkdale Avenue and Osgood Way, and is loosely bounded by residential development on the north, open space to the east, and a quarry to the south and west. Subunit 3B consists of approximately 18 ac (7 ha) that includes 17 ac (7 ha) of land owned by State or local governments and 1 ac (less than 1 ha) of private land. Subunit 3B meets our selection criteria as satellite habitat because it supports a stable occurrence of

Navarretia fossalis

and provides potential connectivity between occurrences in Subunits 3A and 3C. The Carroll Canyon vernal pool complex consists of a group of vernal pools on the edge of a mesa north of Carroll Canyon. Historically, there may have been more habitat for this species; however, the majority of vernal pool habitat in the vicinity of this subunit has been developed. Subunit 3B contains the physical and biological features that are essential to the conservation of

N. fossalis

, including ephemeral wetland habitat (PCE 1), intermixed wetland and upland habitats that act as the local watershed (PCE 2), and the topography and soils that support ponding during winter and spring months (PCE 3). The physical and biological features essential to the conservation of the species in this subunit may require special management considerations or protection to address threats from nonnative plant species and activities (such as trespass or illegal trash dumping) that occur in the vernal pool basins. Please see the

Special Management Considerations or Protection

section of this rule for a discussion of the threats to

N. fossalis

habitat and potential management considerations.

Subunit 3C: Nobel Drive

Subunit 3C is located in the City of San Diego in San Diego County. This subunit is loosely bounded by the 805 interstate on the northeast, train tracks on the south, and Nobel Drive on the northwest. Subunit 3C consists of 37 ac (15 ha) of land owned by local government and meets our selection criteria as satellite habitat because it supports a stable occurrence of

Navarretia fossalis

and provides potential connectivity between occurrences in Subunits 3B and 3D. The Nobel Drive vernal pool complex consists of a group of vernal pools on a mesa-top north of Rose Canyon. Subunit 3C contains the physical and biological features that are essential to the conservation of

N. fossalis

, including ephemeral wetland habitat (PCE 1), intermixed wetland and upland habitats that act as the local watershed (PCE 2), and the topography and soils that support ponding during winter and spring months (PCE 3). The physical and biological features essential to the conservation of the species in this subunit may require special management considerations or protection to address threats from nonnative plant species and activities (such as unauthorized recreational use) that occur in the vernal pool basins. Please see the

Special Management Considerations or Protection

section of this rule for a discussion of the threats to

N. fossalis

habitat and potential management considerations.

Subunit 3D: Montgomery Field

Subunit 3D is located in the City of San Diego in San Diego County. This subunit is located at Montgomery Field (airport) to the northeast of the runway area. Subunit 3D consists of 48 ac (20 ha) of land owned by the City of San Diego and meets our selection criteria as satellite habitat. As satellite habitat, this subunit supports a stable occurrence of

Navarretia fossalis

and provides potential connectivity with the occurrence in Subunit 3C. The Montgomery Field vernal pool complex consists of a large group of vernal pools east of the runway area at Montgomery Field, although only the northeastern portion of this vernal pool complex is being designated as critical habitat because the southeastern portion of this vernal pool complex has been hydrologically disconnected from other vernal pools by past development, is now isolated, and does not meet the definition of essential habitat.

Navarretia fossalis

has not been documented in the southeastern portion of this vernal pool complex. Subunit 3D contains the physical and biological features that are essential to the conservation of

N. fossalis

, including ephemeral wetland habitat (PCE 1), intermixed wetland and upland habitats that act as the local watershed (PCE 2),

and the topography and soils that support ponding during winter and spring months (PCE 3). The physical and biological features essential to the conservation of the species in this subunit may require special management considerations or protection to address threats from nonnative plant species that occur in the vernal pool basins. Please see the

Special Management Considerations or Protection

section of this rule for a discussion of the threats to

N. fossalis

habitat and potential management considerations.

Unit 4: San Diego—Inland Management Area

Unit 4 is located within inland San Diego County and consists of four subunits totaling 206 ac (83 ha). This unit contains 18 ac (7 ha) owned by State and local governments, and 188 ac (76 ha) of private land.

Subunits 4C1, 4C2, and 4D: San Marcos

Subunits 4C1, 4C2, and 4D are located in the City of San Marcos in San Diego County. These three subunits consist of three separate vernal pool complexes. The first (Subunit 4C1) is loosely bounded by La Mirada Drive on the northeast, Las Posas Road on the southeast, Linda Vista Drive on the southwest, and South Pacific Street on the northwest. The second (Subunit 4C2) is loosely bounded by Linda Vista Drive on the northeast, Las Posas Road on the east, West San Marcos Boulevard on the south, and South Pacific Street on the west. The third (Subunit 4D) is loosely bounded by South Bent Avenue on the northeast, commercial development on the southeast and southwest, and Linda Vista Drive on the northwest. Subunit 4C1 consists of 34 ac (14 ha) of private land, Subunit 4C2 consists of 15 ac (6 ha) of land owned by local government and 17 ac (7 ha) of private land, and Subunit 4D consists of 5 ac (2 ha) of private land. These three subunits meet our selection criteria as satellite habitat areas because they support stable occurrences of

Navarretia fossalis

and provide potential connectivity between occurrences in Unit 2 and Subunit 4E. We grouped these vernal pool complexes because of the clustered nature of these occurrences. These subunits have separate subunit numbers to be consistent with the numbering identified in the 2005 critical habitat designation. Subunits 4C1, 4C2, and 4D contain the physical and biological features that are essential to the conservation of

N. fossalis

, including ephemeral wetland habitat (PCE 1), intermixed wetland and upland habitats that act as the local watershed (PCE 2), and the topography and soils that support ponding during winter and spring months (PCE 3). The physical and biological features essential to the conservation of the species in these subunits may require special management considerations or protection to address threats from nonnative plant species and activities (such as commercial development, trespass, or OHV use) that occur in the vernal pool basins. Please see the

Special Management Considerations or Protection

section of this rule for a discussion of the threats to

N. fossalis

habitat and potential management considerations.

Subunit 4E: Ramona

Subunit 4E is located in the unincorporated community of Ramona. This subunit is loosely bounded by the Ramona Airport and Ramona Airport Road on the north, Sawday Road on the east, Santa Maria Creek on the south, and a series of rock outcrops on the west. Subunit 4E consists of approximately 135 ac (55 ha) that includes 3 ac (1 ha) of land owned by State or local governments and 132 ac (53 ha) of private land. Subunit 4E meets our selection criteria as satellite habitat because it supports a stable occurrence of

Navarretia fossalis

and provides potential connectivity with occurrences in Subunits 4C1, 4C2, and 4D. The vernal pools in this subunit occur in gently sloping grassland habitat and are at the highest elevation where

N. fossalis

is known to occur. Subunit 4E contains the physical and biological features that are essential to the conservation of

N. fossalis

, including ephemeral wetland habitat (PCE 1), intermixed wetland and upland habitats that act as the local watershed (PCE 2), and the topography and soils that support ponding during winter and spring months (PCE 3). The physical and biological features essential to the conservation of the species in this subunit may require special management considerations or protection to address threats from nonnative plant species and activities (such as agricultural activities or recreational use) that occur in the vernal pool basins. Please see the

Special Management Considerations or Protection

section of this rule for a discussion of the threats to

N. fossalis

habitat and potential management considerations.

Unit 5: San Diego—Southern Coastal Mesa Management Area

Unit 5 is located in southern San Diego County and consists of six subunits totaling 748 ac (303 ha). This unit contains 28 ac (11 ha) of federally owned land, 330 ac (134 ha) of land owned by State and local governments, and 390 ac (158 ha) of private land.

Subunit 5A: Sweetwater Vernal Pools

Subunit 5A is located southwest of the Sweetwater Reservoir. This subunit is loosely bounded by the Sweetwater Reservoir on the north, steeply sloping topography on the east, State Route 125 on the south, and an unnamed drainage on the west. Subunit 5A consists of approximately 95 ac (38 ha) and includes 23 ac (9 ha) of Federal land that is part of the San Diego National Wildlife Refuge Complex, 1 ac (less than 1ha) of land owned by the State, and 71 ac (29 ha) of land owned by local government. This subunit meets our selection criteria as satellite habitat. This satellite habitat subunit supports a stable occurrence of

Navarretia fossalis

and provides potential connectivity between occurrences in Subunits 5B and 5F. Some of the area occupied by

N. fossalis

was lost during the construction of State Route 125. The soil from that area was salvaged and is being used to restore other vernal pools in this subunit. Subunit 5A contains the physical and biological features that are essential to the conservation of

N. fossalis

, including ephemeral wetland habitat (PCE 1), intermixed wetland and upland habitats that act as the local watershed (PCE 2), and the topography and soils that support ponding during winter and spring months (PCE 3). The physical and biological features essential to the conservation of the species in this subunit may require special management considerations or protection to address threats from nonnative plant species and activities (such as unauthorized recreational use) that occur in the vernal pool basins. Please see the

Special Management Considerations or Protection

section of this rule for a discussion of the threats to

N. fossalis

habitat and potential management considerations.

Subunit 5B: Otay River Valley

Subunit 5B is located in the City of Chula Vista and unincorporated San Diego County. This subunit is loosely bounded by Olympic Parkway on the north, a housing development on the east, and a landfill to the southwest. Subunit 5B consists of 24 ac (10 ha) of private land and meets our selection criteria as satellite habitat because it supports a stable occurrence of

Navarretia fossalis

and provides potential connectivity between occurrences of

N. fossalis

in Subunits 5A and 5H. Subunit 5B contains the

physical and biological features that are essential to the conservation of

N. fossalis

, including ephemeral wetland habitat (PCE 1), intermixed wetland and upland habitats that act as the local watershed (PCE 2), and the topography and soils that support ponding during winter and spring months (PCE 3). The physical and biological features essential to the conservation of the species in this subunit may require special management considerations or protection to address threats from nonnative plant species and activities (such as unauthorized recreational use) that occur in the vernal pool basins. Please see the

Special Management Considerations or Protection

section of this rule for a discussion of the threats to

N. fossalis

habitat and potential management considerations.

Subunit 5C: Otay Mesa

Subunit 5C is located on the eastern portion of Otay Mesa, directly northwest of and adjacent to the George F. Bailey Detention Facility at the terminus of Alta Road. Subunit 5C consists of 26 ac (11 ha) of State and local government-owned land, and 16 ac (7 ha) of private land, and it meets our selection criteria as satellite habitat because it supports a stable occurrence of

Navarretia fossalis

and provides potential connectivity between occurrences of

N. fossalis

in Subunits 5G and 5I. Subunit 5C contains the physical and biological features that are essential to the conservation of

N. fossalis

, including ephemeral wetland habitat (PCE 1), intermixed wetland and upland habitats that act as the local watershed (PCE 2), and the topography and soils that support ponding during winter and spring months (PCE 3). The physical and biological features essential to the conservation of the species in this subunit may require special management considerations or protection to address threats from nonnative plant species and activities (such as unauthorized recreational use) that occur in the vernal pool basins. Please see the

Special Management Considerations or Protection

section of this rule for a discussion of the threats to

N. fossalis

habitat and potential management considerations.

Subunit 5F: Proctor Valley

Subunit 5F is located between the unincorporated communities of Eastlake and Jamul in San Diego County. This subunit is located along Proctor Valley Road in Proctor Valley. Subunit 5F consists of approximately 88 ac (36 ha) and includes 51 ac (21 ha) of land owned by the City of San Diego and 37 ac (15 ha) of private land. Subunit 5F meets our selection criteria as satellite habitat because it supports a stable occurrence of

Navarretia fossalis

and provides potential connectivity between occurrences of

N. fossalis

in Subunits 5A and 5G. The vernal pools in this subunit occur in Proctor Valley on a flat area that is slightly elevated from the stream channel that runs through this valley. The vernal pools in this subunit to the west of Proctor Valley Road are severely impacted by OHV use, but the vernal pools to the east of Proctor Valley road remain relatively intact. Subunit 5F contains the physical and biological features that are essential to the conservation of

N. fossalis

, including ephemeral wetland habitat (PCE 1), intermixed wetland and upland habitats that act as the local watershed (PCE 2), and the topography and soils that support ponding during winter and spring months (PCE 3). The physical and biological features essential to the conservation of the species in this subunit may require special management considerations or protection to address threats from nonnative plant species and activities (such as unauthorized recreational use or OHV use) that occur in the vernal pool basins. Please see the

Special Management Considerations or Protection

section of this rule for a discussion of the threats to

N. fossalis

habitat and potential management considerations.

Subunit 5G: Otay Lakes

Subunit 5G is located east of the City of Chula Vista in San Diego County. This subunit is loosely bounded by Lower Otay Reservoir to the north and west and by the slopes of Otay Mountain to the southeast. Subunit 5G consists of 140 ac (57 ha) of land owned by State or local governments and meets our selection criteria as satellite habitat because this location supports a stable occurrence of

Navarretia fossalis

and provides potential connectivity between occurrences of

N. fossalis

in Subunits 5F and 5I. The vernal pool complexes in this subunit are located on the flat areas to the south of Lower Otay Reservoir. Subunit 5G contains the physical and biological features that are essential to the conservation of

N. fossalis

, including ephemeral wetland habitat (PCE 1), intermixed wetland and upland habitats that act as the local watershed (PCE 2), and the topography and soils that support ponding during winter and spring months (PCE 3). The physical and biological features essential to the conservation of the species in this subunit may require special management considerations or protection to address threats from nonnative plant species and activities (such as unauthorized recreational use) that occur in the vernal pool basins. Please see the

Special Management Considerations or Protection

section of this rule for a discussion of the threats to

N. fossalis

habitat and potential management considerations.

Subunit 5H: Western Otay Mesa vernal pool complexes

Subunit 5H is located within the Otay Mesa Community planning area of the City of San Diego. Subunit 5H consists of approximately 139 ac (56 ha) that includes 41 ac (17 ha) of land owned by local governments and 98 ac (40 ha) of private land. Subunit 5H and Subunit 5I encompass the core habitat on Otay Mesa. As core habitat, this subunit contains a large area of habitat that supports sizable occurrences of

Navarretia fossalis

and provides potential connectivity between occurrences in Subunits 5G and 5I. This subunit contains several mesa-top vernal pool complexes on western Otay Mesa (Bauder vernal pool complexes J 2N, J 2S, J 2W, J 4, J 13N, J 13S, J 14, J 33, J 34 as in Appendix D of City of San Diego, 2004). Subunit 5H contains the physical and biological features that are essential to the conservation of

N. fossalis

, including ephemeral wetland habitat (PCE 1), intermixed wetland and upland habitats that act as the local watershed (PCE 2), and the topography and soils that support ponding during winter and spring months (PCE 3). The physical and biological features essential to the conservation of the species in this subunit may require special management considerations or protection to address threats from nonnative plant species and activities (such as unauthorized recreational use or residential and commercial development) that occur in the vernal pool basins. Please see the

Special Management Considerations or Protection

section of this rule for a discussion of the threats to

N. fossalis

habitat and potential management considerations.

Subunit 5I: Eastern Otay Mesa vernal pool complexes

Subunit 5I is located in the City of San Diego. This subunit contains several mesa top vernal pool complexes on eastern Otay Mesa. Subunit 5I consists of 221 ac (89 ha) of private land. Subunit 5I and Subunit 5H encompass the core habitat on Otay Mesa. As core habitat, Subunit 5I contains a large area of habitat that supports sizable occurrences of

Navarretia fossalis

and provides potential connectivity between occurrences in Subunits 5B and 5H.

This subunit contains several mesa-top vernal pool complexes on eastern Otay Mesa (Bauder vernal pool complexes J 22, J 29, J 30, J 31N, J 31S as in Appendix D of City of San Diego, 2004 and Service GIS). Subunit 5I contains the physical and biological features that are essential to the conservation of

N. fossalis

, including ephemeral wetland habitat (PCE 1), intermixed wetland and upland habitats that act as the local watershed (PCE 2), and the topography and soils that support ponding during winter and spring months (PCE 3). The physical and biological features essential to the conservation of the species in this subunit may require special management considerations or protection to address threats from nonnative plant species and activities (such as unauthorized recreational use or residential and commercial development) that occur in the vernal pool basins. Please see the

Special Management Considerations or Protection

section of this rule for a discussion of the threats to

N. fossalis

habitat and potential management considerations.

Unit 6: Riverside Management Area

Unit 6 is located in western Riverside County and consists of three subunits totaling 5,477 ac (2,217 ha). This unit contains 1,504 ac (609 ha) of land owned by the State of California's Department of Fish and Game and 3,973 ac (1,608 ha) of private land.

Subunit 6A: San Jacinto River

Subunit 6A is generally located along the San Jacinto River near the cities of Hemet and Perris in Riverside County. This subunit is loosely bounded by Mystic Lake on the northeast and by the Perris Airport on the southwest. Subunit 6A consists of approximately 4,312 ac (1,745 ha), including 1,504 ac (609 ha) of land owned by State or local governments and 2,808 ac (1,136 ha) of private land. Subunit 6A encompasses core habitat along the San Jacinto River. As core habitat, this subunit contains a large area of habitat that supports sizable occurrences of

Navarretia fossalis

and provides potential connectivity between occurrences in Subunits 6B and 6C. This subunit consists of seasonally flooded alkali vernal plains that occur along the San Jacinto River. Subunit 6A contains the physical and biological features that are essential to the conservation of

N. fossalis

, including ephemeral wetland habitat (PCE 1), intermixed wetland and upland habitats that act as the local watershed (PCE 2), and the topography and soils that support ponding during winter and spring months (PCE 3). The physical and biological features essential to the conservation of the species in this subunit may require special management considerations or protection to address threats from nonnative plant species and activities (such as manure dumping or flood control) that occur in the vernal pool basins and associated watershed area. Please see the

Special Management Considerations or Protection

section of this rule for a discussion of the threats to

N. fossalis

habitat and potential management considerations.

Subunit 6B: Salt Creek Seasonally Flooded Alkali Plain

Subunit 6B is located near the City of Hemet and west of the Hemet-Ryan Airport in Riverside County. This subunit is loosely bounded by Devonshire Avenue on the north, the boundary for the City of Hemet on the east, train tracks on the south, and low-lying hills on the west. Subunit 6B consists of 930 ac (376 ha) of private land that encompasses the core habitat along the Upper Salt Creek drainage west of the City of Hemet. As core habitat, this subunit contains a large area of habitat that supports sizable occurrences of

Navarretia fossalis

and provides potential connectivity between occurrences in Subunits 6A and 6C. This subunit consists of seasonally flooded alkali vernal plains not subject to U.S. Army Corps of Engineer jurisdiction. Subunit 6B contains the physical and biological features that are essential to the conservation of

N. fossalis

, including ephemeral wetland habitat (PCE 1), intermixed wetland and upland habitats that act as the local watershed (PCE 2), and the topography and soils that support ponding during winter and spring months (PCE 3). The physical and biological features essential to the conservation of the species in this subunit may require special management considerations or protection to address threats from nonnative plant species and activities (such as manure dumping, grazing, flood control, or discing for vegetation control) that occur in the vernal pool basins and associated watershed area. Please see the

Special Management Considerations or Protection

section of this rule for a discussion of the threats to

N. fossalis

habitat and potential management considerations.

Subunit 6C: Wickerd and Scott Road Pools

Subunit 6C is located in the City of Menifee in Riverside County, California. This subunit is loosely bounded by low lying hills north of Garbani Road on the north, Briggs Road on the east, Scott Road on the south, and Menifee Road on the west. Subunit 6C consists of 235 ac (95 ha) of private land. This subunit meets our selection criteria as satellite habitat because this location supports a stable occurrence of

Navarretia fossalis

and provides potential connectivity among occurrences of

N. fossalis

in Subunits 6A, 6B, and with Subunit 6D that we are excluding under section 4(b)(2) of the Act (see

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

section). This subunit consists of two large vernal pools. Subunit 6C contains the physical and biological features that are essential to the conservation of

N. fossalis

, including ephemeral wetland habitat (PCE 1), intermixed wetland and upland habitats that act as the local watershed (PCE 2), and the topography and soils that support ponding during winter and spring months (PCE 3). The physical and biological features essential to the conservation of the species in this subunit may require special management considerations or protection to address threats from nonnative plant species and activities (such as manure dumping, residential or agricultural development, discing for vegetation control, or maintenance of existing pipelines) that occur in the vernal pool basins and associated watershed area. Please see the

Special Management Considerations or Protection

section of this rule for a discussion of the threats to

N. fossalis

habitat and potential management considerations.

Effects of Critical Habitat Designation

Section 7 Consultation

Section 7(a)(2) of the Act requires Federal agencies, including the Service, to ensure that actions they fund, authorize, or carry out are not likely to destroy or adversely modify critical habitat. Decisions by the Fifth and Ninth Circuit Courts of Appeals have invalidated our definition of “destruction or adverse modification” (50 CFR 402.02) (see

Gifford Pinchot Task Force

U.S. Fish and Wildlife Service

, 378 F. 3d 1059 (9

Cir 2004) and

Sierra Club

U.S. Fish and Wildlife Service et al.

, 245 F.3d 434, 442F (5

Cir 2001)), and we do not rely on this regulatory definition when analyzing whether an action is likely to destroy or adversely modify critical habitat. Under the statutory provisions of the Act, we determine destruction or adverse modification on the basis of whether, with implementation of the proposed Federal action, the affected critical habitat would remain functional (or retain those physical and biological features that relate to the ability of the

area to periodically support the species) to serve its intended conservation role for the species (Service 2004a, p. 3).

If a species is listed or critical habitat is designated, section 7(a)(2) of the Act requires Federal agencies to ensure that activities they authorize, fund, or carry out are not likely to jeopardize the continued existence of the species or to destroy or adversely modify its critical habitat. If a Federal action may affect a listed species or its critical habitat, the responsible Federal agency (action agency) must enter into consultation with us. As a result of this consultation, we document compliance with the 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 designated critical habitat; or

(2) A biological opinion for Federal actions that are likely to adversely affect listed species or designated critical habitat.

When we issue a biological opinion concluding that a project is likely to jeopardize the continued existence of a listed species or destroy or adversely modify critical habitat, we also provide reasonable and prudent alternatives to the project, if any are identifiable. We define ‘‘Reasonable and prudent alternatives'' at 50 CFR 402.02 as alternative actions identified during consultation that:

(1) Can be implemented in a manner consistent with the intended purpose of the action,

(2) Can be implemented consistent with the scope of the Federal agency's legal authority and jurisdiction,

(3) Are economically and technologically feasible, and

(4) Would, in the Director's opinion, avoid jeopardizing the continued existence of the listed species or destroying or adversely modifying critical habitat.

Reasonable and prudent alternatives can vary from slight project modifications to extensive redesign or relocation of the project. Costs associated with implementing a reasonable and prudent alternative are similarly variable.

Regulations at 50 CFR 402.16 require Federal agencies to reinitiate consultation on previously reviewed actions in instances where we have listed a new species or subsequently designated critical habitat that may be affected and the Federal agency has retained discretionary involvement or control over the action (or the agency's discretionary involvement or control is authorized by law). Consequently, Federal agencies may need to request reinitiation of consultation with us on actions for which formal consultation has been completed, if those actions with discretionary involvement or control may affect subsequently listed species or designated critical habitat.

Federal activities that may affect

Navarretia fossalis

or its designated critical habitat require section 7 consultation under the Act. Activities on State, Tribal, local, or private lands requiring a Federal permit (such as a permit from the U.S. Army Corps of Engineers (Corps) under section 404 of the Clean Water Act (33 U.S.C. 1251

et seq.

) or a permit from us under section 10 of the Act) or involving some other Federal action (such as funding from the Federal Highway Administration, Federal Aviation Administration, or the Federal Emergency Management Agency) are subject to the section 7 consultation process. Federal actions not affecting listed species or critical habitat, and actions on State, Tribal, local, or private lands that are not federally funded, authorized, or permitted, do not require section 7 consultations.

Application of the “Adverse Modification” Standard

The key factor related to the adverse modification determination is whether, with implementation of the proposed Federal action, the affected critical habitat would remain functional to serve its intended conservation role for the species. Activities that may destroy or adversely modify critical habitat are those that alter the physical and biological features to an extent that appreciably reduces the conservation value of critical habitat for

Navarretia fossalis

. As discussed above, the role of critical habitat is to support the life history needs of the species and provide for the conservation of the species. For

N. fossalis

, this includes supporting viable occurrences and recovery of the species in core habitat areas and satellite habitat areas.

Section 4(b)(8) of the Act requires us to briefly evaluate and describe, in any proposed or final regulation that designates critical habitat, activities involving a Federal action that may destroy or adversely modify such habitat, or that may be affected by such designation.

Activities that, when carried out, funded, or authorized by a Federal agency, may affect critical habitat and, therefore, should result in consultation for

Navarretia fossalis

include, but are not limited to (please see

Special Management Considerations or Protection

section for a more detailed discussion on the impacts of these actions to the listed species):

(1) Actions that would impact the ability of an ephemeral wetland to continue to provide habitat for

Navarretia fossalis

and other native species that require this specialized habitat type. Such activities could include, but are not limited to, water impoundment, stream channelization, water diversion, water withdrawal, and development activities. These activities could alter the biological and physical features essential to the conservation of

N. fossalis

that provide the appropriate habitat for the species by eliminating ponding habitat; changing the duration and frequency of the ponding events on which this species relies; making the habitat too wet, thus allowing obligate wetland species to become established; making the habitat too dry, thus allowing upland species to become established; causing large amounts of sediment or manure to be deposited in

N. fossalis

habitat; or causing increased erosion and incising of waterways.

(2) Actions that would impact the soil and topography that cause water to pond during the winter and spring months. Such activities could include, but are not limited to, deep ripping of soils, trenching, soil compaction, and development activities. These activities could alter the biological and physical features essential to the conservation of

Navarretia fossalis

that provide the appropriate habitat for the species by eliminating ponding habitat, impacting the impervious nature of the soil layer, or making the soil so impervious that water pools for an extended period that is detrimental to

N. fossalis

(as described in the PCEs).

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.”

We consult with the military on the development and implementation of INRMPs for installations with federally listed species. Any INRMPs developed by military installations located within the range of

Navarretia fossalis

and that contain those features essential to the species' conservation were analyzed for exemption under the authority of section 4(a)(3)(B) of the Act.

Both MCB Camp Pendleton and MCAS Miramar have approved INRMPs that address

Navarretia fossalis,

and the Marine Corps (on both installations) has committed to work closely with us, California Department of Fish and Game (CDFG), and California Department of Parks and Recreation to continually refine the existing INRMPs as part of the Sikes Act's INRMP review process. In accordance with section 4(a)(3)(B)(i) of the Act, we determined that conservation efforts identified in the INRMPs will provide a benefit to

N. fossalis

occurring in habitats within or adjacent to MCB Camp Pendleton and MCAS Miramar (see the following sections that detail this determination for each installation). Therefore, 213 ac (86 ha) of habitat on MCB Camp Pendleton and MCAS Miramar are exempt from this revised critical habitat for

N. fossalis

under section 4(a)(3) of the Act.

Marine Corps Base Camp Pendleton (MCB Camp Pendleton)

In the previous final critical habitat designation for

Navarretia fossalis

(70 FR 60658; October 18, 2005) and the proposed revised critical habitat designation (74 FR 27588; June 10, 2009), we exempted MCB Camp Pendleton from the designation of critical habitat. We based this decision on the conservation benefits to

N. fossalis

identified in the INRMP developed by MCB Camp Pendleton in November 2001 and the updated INRMP that was prepared by MCB Camp Pendleton in March 2007 (Marine Corp Base Camp Pendleton 2007). We determined that conservation efforts identified in the INRMP provide a benefit to the occurrences of

N. fossalis

and vernal pool habitat occurring on MCB Camp Pendleton (Marine Corps Base Camp Pendleton 2007, Section 4, pp. 51-76). This conservation protects the 145 ac (59 ha) of habitat that we believe to be essential for the conservation of

N. fossalis

on Stuart Mesa and near the Wire Mountain Housing Complex. Therefore, lands containing features essential to the conservation of

N. fossalis

on this installation are exempt from this revised critical habitat for

N. fossalis

under section 4(a)(3) of the Act. For more information on the conservation benefits afforded to

N. fossalis

at MCB Camp Pendleton, please see the

Exemptions Under Section 4(a)(3) of the Act

section in the proposed revised critical habitat rule (74 FR 27610).

Marine Corps Air Station Miramar (MCAS Miramar)

In the previous final critical habitat designation for

Navarretia fossalis

(70 FR 60658; October 18, 2005) and the proposed revised critical habitat designation (74 FR 27588; June 10, 2009), we exempted MCAS Miramar from the designation of critical habitat (70 FR 60658; October 18, 2005). We based this decision on the conservation benefits to

N. fossalis

identified in the INRMP developed by MCAS Miramar in May 2000 and the updated INRMP prepared by MCAS Miramar in October 2006 (Gene Stout and Associates

et al

. 2006). We determined that conservation efforts identified in the INRMP provide a benefit to the occurrences of

N. fossalis

and vernal pool habitat on the 69 ac (28 ha) of habitat on the western portion of MCAS Miramar (Gene Stout and Associates

et al

. 2006, Section 7, pp. 17-23). Therefore, lands containing features essential to the conservation of

N. fossalis

on this installation are exempt from the revised critical habitat for

N. fossalis

under section 4(a)(3) of the Act. For more information on the conservation benefits afforded to

N. fossalis

at MCAS Miramar, please see the

Exemptions Under Section 4(a)(3) of the Act

section in the proposed revised critical habitat rule (74 FR 27610).

Exclusions

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

Section 4(b)(2) of the Act states that the Secretary must designate and revise 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 legislative history is clear that the Secretary has broad discretion regarding which factor(s) to use and how much weight to give to any factor.

In the following paragraphs, we address a number of general issues that are relevant to our analysis under section 4(b)(2) of the Act.

Under section 4(b)(2) of the Act, we may exclude an area from designated critical habitat based on economic impacts, national security impacts, 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 based on this analysis, we make this determination, then we can exclude the area only if such exclusion would not result in the extinction of the species.

When considering the benefits of inclusion for an area, we consider the additional regulatory benefits that area would receive from the protection from adverse modification or destruction as a result of actions with a Federal nexus; the educational benefits of mapping essential habitat for recovery of the listed species; and any benefits that may result from a designation due to State or Federal laws that may apply to critical habitat.

When considering the benefits of exclusion, we consider, among other things, whether exclusion of a specific

area is likely to result in long-term conservation; the continuation, strengthening, or encouragement of partnerships that result in conservation of listed species; or implementation of a management plan that provides equal to or more conservation than a critical habitat designation would provide. Specifically, when evaluating a conservation plan we consider, among other factors: whether the plan is finalized; how it provides for the conservation of the essential physical and biological features; whether the conservation management strategies and actions contained in a management plan are in place and there is a strong likelihood they will be implemented into the future; whether the conservation strategies in the plan are likely to be effective; and whether the plan contains a monitoring program or adaptive management to ensure that the conservation measures are effective and can be adapted in the future in response to new information.

After evaluating the benefits of inclusion and the benefits of exclusion, we carefully weigh the two sides to determine whether the benefits of exclusion outweigh those of inclusion. If we determine that they do, we then determine whether exclusion would result in extinction. If exclusion of an area from critical habitat will result in extinction, we will not exclude it from the designation.

In the case of

Navarretia fossalis

, the revised critical habitat designation does not include any Tribal lands or trust resources. However, this revised critical habitat designation does include some lands covered by three completed HCPs for

N. fossalis

. No new HCP or conservation plan covering the distribution of this species has been approved since the proposed revised designation that published in the

Federal Register

on June 10, 2009 (74 FR 27588).

Based on the information provided by entities seeking exclusion, as well as other comments we received, we evaluated whether certain lands in the proposed critical habitat Units 3 and 6 were appropriate for exclusion from this final designation.

After considering the following areas under section 4(b)(2) of the Act, we are excluding them from the critical habitat designation for

Navarretia fossalis

: Subunit 3A within the County of San Diego Subarea Plan under the MSCP, and Subunits 6D and 6E within the Western Riverside County MSHCP (see Table 5 below). As described in the following exclusion analyses for the two HCPs, we made this determination because we believe that:

(1) Their value for

N. fossalis

conservation will be preserved for the foreseeable future by existing protective actions, and

(2) They are appropriate for exclusion under the “other relevant factor” provisions of section 4(b)(2) of the Act.

Table 5. Areas being excluded under section 4(b)(2) of the Act from this revised critical habitat designation.

Subunit

Area excluded

County of San Diego Subarea Plan under the San Diego MSCP

3A. Santa Fe Valley: Crosby Estates

5 ac (2 ha)

Subtotal County of San Diego Subarea Plan under the San Diego MSCP

5 ac (2 ha)

Western Riverside County MSHCP

6D. Skunk Hollow

158 ac (64 ha)

6E. Mesa de Burro

708 ac (287 ha)

Subtotal for Western Riverside County MSHCP

866 ac (351 ha)

Total

871 ac (353 ha)*

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

Exclusions Based on Other Relevant Factors Habitat Conservation Plans

We believe that the benefits of excluding from critical habitat portions of the essential habitat we identified within the County of San Diego Subarea Plan under the MSCP and the Western Riverside County MSHCP outweigh the benefits of including these areas; therefore, we are excluding these areas from this revised critical habitat designation. Lands covered by the Carlsbad HMP under the MHCP, and portions of the lands covered by the County of San Diego Subarea Plan under the MSCP, and the Western Riverside County MSHCP do not result in the benefits of exclusion outweighing the benefits of inclusion under section 4(b)(2) of the Act, as described in detail below.

Carlsbad Habitat Management Plan (HMP)— San Diego Multiple Habitat Conservation Program (MHCP).

We considered exclusion of a portion of essential habitat covered by the Carlsbad HMP under the MHCP for exclusion under section 4(b)(2) of the Act. The lands that were under consideration for exclusion within the City of Carlsbad include a portion of one vernal pool complex located east of the railroad tracks at the Poinsettia Lane Commuter Station. The vernal pool complex is partially on land that is covered by the Carlsbad HMP (i.e., the 3 ac (1 ha) considered for exclusion under section 4(b)(2) of the Act) and partially on land that is owned by the North County Transportation District (6 ac (2 ha)), which is not a participating entity to the Carlsbad HMP and was not considered for exclusion. We determined that the benefits of inclusion for 3 ac (1 ha) of Unit 2 lands within the Carlsbad HMP area are greater than the benefits of exclusion. In making our final decision with regard to these HMP-covered lands, we considered several factors, including our relationship with the City of Carlsbad, our relationship with other MHCP stakeholders, existing consultations, conservation measures in place on these lands that benefit

Navarretia fossalis

, implementation of long-term management strategies, and impacts to current and future

partnerships. We recognize

N. fossalis

conservation measures outlined in the Carlsbad HMP will be implemented eventually on covered lands as the plan is carried out regardless of critical habitat designation. This vernal pool complex in Unit 2 is also benefiting from conservation efforts as a result of actions associated with four other federally listed vernal pool species (i.e., San Diego fairy shrimp (

Branchinecta sandiegonensis

) and its designated critical habitat, and Riverside fairy shrimp (

Streptocephalus woottoni

) and its designated critical habitat, and

Eryngium aristulatum

var.

parishii

(San Diego button-celery), and

Orcuttia californica

(California Orcutt grass)). However, the 3 ac (1 ha) portion considered for exclusion under section 4(b)(2) of the Act is not conserved and managed for the long-term protection of the species and its habitat at this time. Once this area is conserved and managed, it will help with the long-term protection of this vernal pool complex, not only for

N. fossalis

, but also the four other federally endangered vernal pool species that already receive protection under the plan.

Protection of this vernal pool area is particularly important considering the surrounding area has already been developed. Conservation measures for lands within the Carlsbad HMP are outlined in the Carlsbad HMP biological opinion (Service 2004c, pp. 312-316). We recognize that these lands have been avoided by development associated with the Water's End housing project and have been identified as open space for the protection of the vernal pool habitat, as outlined in a consultation conducted with the Corps (Service 1994) prior to the development of the Carlsbad HMP. The developer of the Water's End project agreed to grant a conservation easement over the

Navarretia fossalis

habitat to CDFG and provide a management plan with an endowment ($100,000) to the City of Carlsbad for management and monitoring in perpetuity. Additionally, the land-owners recently completed a 5-year restoration of the upland portion of the vernal pool complex with coastal sage scrub vegetation (City of Carlsbad 2009, p. 7). However, a conservation easement has not yet been placed over the property and long-term management of the property is not yet in place. Thus, we made the determination that the benefits of inclusion outweigh the benefits of exclusion and have included all lands in this area (i.e., 9 ac (4 ha in Unit 2)) as critical habitat for

N. fossalis

. We recognize and appreciate the conservation actions taken to date at this location, such as the $100,000 provided by the Water's End project along with an additional $50,000 from the North Coast Transit District that are being held by CDFG and will be used to develop and implement long-term management to benefit vernal pool species occurring at this site, including

N. fossalis.

We look forward to working with the North Coast Transit District and CDFG in the near future to ensure that both conservation and long-term management are implemented for

N. fossalis

and its essential habitat at this location.

San Diego Multiple Species Conservation Program (MSCP)—County of San Diego Subarea Plan.

We determined approximately 86 ac (35 ha) of habitat in Subunits 3A, 5B, 5F, and 5I within the County of San Diego Subarea Plan of the MSCP contain the physical and biological features essential to the conservation of

Navarretia fossalis

that may require special management considerations or protection and therefore, these lands meet the definition of critical habitat under the Act. In making our final decision with regard to lands within the County of San Diego Subarea Plan, we considered several factors, including our relationship with the participating MSCP jurisdiction, our relationship with other MSCP stakeholders, non-covered activities, existing consultations, long-term conservation measures management in place on these lands that benefit

N. fossalis

, and impacts to current and future partnerships. We recognize

N. fossalis

conservation measures outlined in the County of San Diego Subarea Plan will be implemented as the plan is carried out regardless of whether covered areas are designated as critical habitat. Under section 4(b)(2) of the Act, we are excluding 5 ac (2 ha) of land in Subunit 3A covered by the County of San Diego Subarea Plan from this revised critical habitat designation that are currently assured of long-term conservation and management. The remaining 81 ac (33 ha) of land in Subunits 5B, 5F, and 5I covered by the County of San Diego Subarea Plan are not excluded, and we have designated these areas as critical habitat for

N. fossalis

The MSCP is a subregional HCP made up of several subarea plans that has been in place for more than a decade. The subregional plan area encompasses approximately 582,243 ac (235,626 ha) (County of San Diego 1997, p. 1-1; MSCP 1998, pp. 2-1, and 4-2 to 4-4) and provides for conservation of 85 federally listed and sensitive species (“covered species”) through the establishment and management of approximately 171,920 ac (69,574 ha) of preserve lands within the Multi-Habitat Planning Area (MHPA) (City of San Diego) and Pre-Approved Mitigation Areas (PAMA) (County of San Diego). The MSCP was developed in support of applications for incidental take permits for several federally listed species by 12 participating jurisdictions and many other stakeholders in southwestern San Diego County. Under the umbrella of the MSCP, each of the 12 participating jurisdictions is required to prepare a subarea plan that implements the goals of the MSCP within that particular jurisdiction.

Navarretia fossalis

was evaluated in the subregional plan as well as the permitted subarea plans.

Upon completion of the plan that identifies where mitigation activities should be focused, approximately 171,920 ac (69,574 ha) of the 582,243 ac (235,626 ha) MSCP plan area will be preserved (MSCP 1998, pp. 2-1 and 4-2 to 4-4). San Diego County Subarea Plan identifies areas where mitigation activities should be focused to assemble its preserve areas (i.e., PAMA). Those areas of the MSCP preserve that are already conserved, as well as those areas that are designated for inclusion in the preserve under the plan, are referred to as the “preserve area” in this revised critical habitat designation. When the preserve is completed, the public sector (i.e., Federal, State, and local governments, and general public) will have contributed 108,750 ac (44,010 ha) (63.3 percent) to the preserve, of which 81,750 ac (33,083 ha) (48 percent) was existing public land when the MSCP was established and 27,000 ac (10,927 ha) (16 percent) will have been acquired. At completion, the private sector will have contributed 63,170 ac (25,564 ha) (37 percent) to the preserve as part of the development process, either through avoidance of impacts or as compensatory mitigation for impacts to biological resources outside the preserve. Currently and in the future, Federal and State governments, local jurisdictions, special districts, and managers of privately owned lands will manage and monitor their lands in the preserve for species and habitat protection (MSCP 1998, pp. 2-1 and 4-2 to 4-4).

We considered excluding lands within the County of San Diego Subarea Plan. After reviewing the areas covered by the County of San Diego Subarea Plan, we are excluding approximately 5 ac (2 ha) in Subunit 3A that are currently conserved and managed. The areas within the plan boundaries of the County of San Diego Subarea Plan in

Subunits 5B, 5F, and 5I were not excluded because we do not believe that the benefits of exclusion outweigh the benefits of inclusion at this time. The lands in these subunits are not currently conserved under this HCP, and non-covered activities (such as illegal OHV use) that could adversely affect

Navarretia fossalis

and its essential habitat are occurring on these lands. Therefore, we believe the conservation benefit of including these areas as critical habitat for

N. fossalis

may be significant. Additionally, portions of Subunits 5B and 5I are designated as major/minor Amendment Areas under the subarea plan and their conservation depends upon the approval of future amendments to the plan. Therefore, we did not consider these major/minor amendment areas for exclusion under section 4(b)(2) of the Act.

The County of San Diego Subarea Plan provides additional conservation for the

Navarretia fossalis

habitat in Subunit 3A (Crosby Estates) beyond what occurred when the area was initially developed and conserved (i.e., in 1995 prior to the Subarea Plan development). Subunit 3A consists of 5 ac (2 ha) of private land within the northern portion of the County of San Diego Subarea Plan. This area was set aside in 1995 when the surrounding area was developed, and the vernal pool habitat area was restored and managed for a 5-year period to ensure the conservation of

N. fossalis

and other vernal pool species. Under the County of San Diego Subarea Plan, the area will continue to receive periodic monitoring beyond the initial 5-year period. The long-term management requirements applicable for this area are explained in the “The Crosby at Rancho Santa Fe, Habitat Management Plan, Annual Report, 2008” (Rincon Consultants, Inc. 2008, pp. 1-6). Such management will include monitoring and management of invasive species, implementing erosion control measures, monitoring and removal of trash/debris, creating natural fencing barriers to address unauthorized off-trail activity, installing signage, and developing educational website and materials (Rincon Consultants, Inc. 2008, pp. 4-15).

Benefits of Inclusion—County of San Diego Subarea Plan

The principle benefit of including an area in a critical habitat designation is the requirement of Federal agencies to ensure actions they fund, authorize, or carry out are not likely to result in the destruction or adverse modification of any designated critical habitat, the regulatory standard of section 7 of the Act under which consultation is completed. Federal agencies must consult with the Service on actions that may affect critical habitat and must avoid destroying or adversely modifying critical habitat. Federal agencies must also consult with us on actions that may affect a listed species and refrain from undertaking actions that are likely to jeopardize the continued existence of such species. The analysis of effects to critical habitat is a separate and different analysis from that of the effects to the species. Therefore, the difference in outcomes of these two analyses represents the regulatory benefit of critical habitat. For some species (including

Navarretia fossalis

), and in some locations, the outcome of these analyses will be similar, because effects to habitat will often also result in effects to the species. However, the regulatory standard is different, as the jeopardy analysis investigates the action's impact to survival and recovery of the species, while the adverse modification analysis investigates the action's effects to the designated habitat's contribution to conservation. This will, in many instances, lead to different results and different regulatory requirements. Thus, critical habitat designations may provide greater benefits to the recovery of a species than would listing alone.

Critical habitat may provide a regulatory benefit for

Navarretia fossalis

when there is a Federal nexus present for a project that might adversely modify critical habitat. Also, where federally listed animal species, such as the Riverside fairy shrimp or San Diego fairy shrimp co-occur with

N. fossalis

and are likely to be taken by a proposed action that otherwise lacks a Federal nexus, the project proponent would be required to obtain an incidental take permit under section 10 of the Act, thus resulting an intra-Service section 7 consultation that would also include

N. fossalis

. In the areas that we considered for exclusion within the County of San Diego Subarea Plan, Riverside fairy shrimp or San Diego fairy shrimp are present in Subunits 3A, 5F, and 5I. In this context, we anticipate that projects that meet the definition of critical habitat within Subunits 3A, 5F, and 5I will require a consultation with the Service regardless of whether critical habitat is designated. It is possible that in Subunit 5B (where no federally listed fairy shrimp are known to exist) the designation of critical habitat will result in an increase in the likelihood that consultations with the Service will occur. It is also possible that the number of consultations that occur in the local watershed areas of Subunits 5F and 5I would increase by approximately 20 percent as a result of critical habitat designation for

N. fossalis

within the non-ponded/watershed areas (Service 2009, p. 2). Therefore, for Subunit 5B and to a certain extent Subunits 5F and 5I, it is probable that conservation achieved under the Act would increase if the areas are designated as critical habitat for

N. fossalis

, resulting in a small regulatory benefit associated with the designation of critical habitat in these subunits.

When consulting under section 7 of the Act in designated critical habitat, we conduct independent analyses for jeopardy and adverse modification. However, with regard to vernal pool species such as

Navarretia fossalis

, the outcomes of those analyses (in terms of potential restrictions on development) are almost always the same. In general, a properly functioning hydrologic regime is critical to sustain listed vernal pool species and their immediate vernal pool habitat (i.e., local watershed). Avoidance or adequate minimization of impacts to the wetland area and its associated watershed (which collectively creates the hydrologic regime necessary to support

N. fossalis

) is important not only to enable the critical habitat unit to carry out its conservation function (i.e., to avoid adverse modification), but also to avoid jeopardy to the listed species.

Navarretia fossalis

is completely dependent on a properly functioning vernal pool system for its survival; therefore, it is not possible to differentiate conservation measures needed to avoid adverse modification of critical habitat from those needed to avoid jeopardy to the species. Impacts to both wetland features where

N. fossalis

occurs and to the associated local watershed necessary to maintain those wetland features should generally be avoided to prevent jeopardy to

N. fossalis

or to prevent adverse modification to

N. fossalis

critical habitat. Service biologists regularly negotiate with project proponents to avoid impacts to vernal pool and ephemeral wetland habitat. Whenever possible; these negotiations include conservation measures that would avoid impacts to both the pools and the associated local watershed area. Therefore, we do not believe conservation achieved under the Act would differ greatly whether or not the areas are designated as critical habitat for

N. fossalis

. However, while the outcome of individual section 7 consultation may not differ, we believe designation of lands in Subunits 5B, 5F, and 5I as critical habitat may provide a small regulatory benefit by increasing

the likelihood and number of consultations in these areas and thereby increase the overall level of conservation for

N. fossalis

Another possible benefit of including lands in a critical habitat designation is the educational value of the designation to landowners and the public regarding the potential conservation value of an area. For example, a critical habitat designation for

Navarretia fossalis

may help local governments or the public focus conservation efforts on areas of high conservation value for this species. Past efforts have highlighted the importance of the essential habitat for

N. fossalis

within the jurisdiction of the County of San Diego Subarea Plan. These past efforts include public meetings and opportunities for public comment that occurred during the process of creating the HCP, the development of the Habitat Management Plan for the Crosby at Rancho Santa Fe, and development of our Recovery Plan for Southern California Vernal Pool Species (Service 1998). While these efforts have helped to identify important conservation areas for

N. fossalis

in the County of San Diego Subarea Plan, some of these areas (i.e., Subunits 5B, 5F, and 5I) still suffer impacts from activities such as grazing on non-agricultural lands (an activity covered by the plan), and illegal off-highway vehicle (OHV) use. By designating critical habitat in these areas that continue to receive impacts, we will better educate the public regarding these and other threats to

N. fossalis

and the physical and biological features essential to the conservation of the species. The educational information provided in this revised rule and the 2005 final rule (70 FR 60658; October 18, 2005) can be used by the public to learn about

N. fossalis

priority conservation areas. The inclusion in revised critical habitat of the approximately 81 ac (33 ha) of lands in subunits 5B, 5F, and 5I that are not currently protected and managed would formally identify these areas as essential for the conservation and recovery of

N. fossalis

and in doing so provide a significant educational benefit to the conservation of

N. fossalis

. In contrast, we believe the educational benefit of designating Subunit 3A would be insignificant because this area is already conserved.

We considered that the designation of critical habitat for

Navarretia fossalis

may strengthen or reinforce some of the provisions in other State and Federal laws, such as the California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA). These laws analyze the potential for projects to significantly affect aspects of the environment. In this case for

N. fossalis

, vernal pools and vernal pool species have been a focus of conservation in San Diego County for more than 20 years and have been addressed in CEQA and NEPA throughout this time period; therefore, we do not believe designation of critical habitat for

N. fossalis

will provide a significant additional benefit to analyses conducted under these laws.

In summary, we believe designating Subunits 3A, 5B, 5F, and 5I as revised critical habitat may provide some regulatory benefits under section 7 of the Act, particularly in Subunits 5B, 5F, and 5I, where designation may increase the likelihood and number of consultations and thus the overall level of conservation for this species and its essential habitat, but we do not believe that the outcome of these consultations will change greatly with the designation of critical habitat. Additionally, we believe that there may be a significant benefit associated with the designation of critical habitat due to the educational component provided by critical habitat in areas that are not currently conserved; specifically, we believe that these benefits are significant in Subunits 5B, 5F, and 5I.

Benefits of Exclusion—County of San Diego Subarea Plan

We believe significant benefits would be realized by forgoing designation of critical habitat on lands covered by the County of San Diego Subarea Plan including:

(1) Continuance and strengthening of our effective working relationships with all MSCP jurisdictions and stakeholders to promote conservation of

Navarretia fossalis

and its habitat;

(2) Allowance for continued meaningful collaboration and cooperation in working toward recovering this species, including conservation benefits that might not otherwise occur;

(3) Encouragement for other jurisdictions to complete subarea plans under the MSCP (including the City of Santee); and

(4) Encouragement of additional HCP and other conservation plan development in the future on other private lands for this and other federally listed and sensitive species.

The County of San Diego Subarea Plan provides substantial protection and management for

Navarretia fossalis

and the physical and biological features essential to the conservation of the species, and addresses conservation issues from a coordinated, integrated perspective rather than a piecemeal, project-by-project approach (as would occur under sections 7 and 9 of the Act). Many landowners perceive critical habitat as an unfair and unnecessary regulatory burden given the expense and time involved in developing and implementing complex regional and jurisdiction-wide HCPs, such as the MSCP. Exclusion of these lands from critical habitat could help preserve the partnerships we developed with the County of San Diego in the development of the MSCP and County of San Diego Subarea Plan, and foster future partnerships and development of future HCPs.

The primary benefit of excluding lands owned by or under the jurisdiction of the County of San Diego Subarea Plan permittees from critical habitat under the MSCP is strengthening of our existing partnership with the County of San Diego. The County of San Diego requested that we exclude lands covered by their subarea plan during the public comment period. If the County of San Diego believes that a revised critical habitat designation will impact its ability to implement their subarea plan, then designating County of San Diego lands may affect our partnership with them.

In summary, we believe that excluding lands covered by the County of San Diego Subarea Plan from critical habitat provides the significant benefit of maintaining existing regional HCP partnerships and fostering new ones.

Weighing Benefits of Exclusion Against Benefits of Inclusion—County of San Diego Subarea Plan

We reviewed and evaluated the benefits of inclusion and benefits of exclusion for all lands within the County of San Diego Subarea Plan under the MSCP proposed as critical habitat for

Navarretia fossalis

. The benefits of including lands currently conserved under the MSCP in the critical habitat designation are small. All of the approximately 5 ac (2 ha) of land in Subunit 3A are already conserved and managed for the preservation of vernal pool species, including

N. fossalis

. Therefore, designating this area as critical habitat is unlikely to provide significant regulatory or educational benefits. This area is currently being managed under a habitat management plan developed in part because the area is covered by the County of San Diego Subarea Plan. The exclusion of conserved areas of Subunit 3A will benefit the partnership that we have with the County of San Diego and encourage the conservation of lands associated with the development and implementation of future HCPs.

Including lands in Subunits 5B, 5F, and 5I in the critical habitat designation for

Navarretia fossalis

that are not currently conserved or protected from activities such as illegal OHV use and unregulated grazing in critical habitat will provide additional regulatory protection for

N. fossalis

and its essential habitat under section 7(a) of the Act when there is a Federal nexus, and designation will act as an educational tool for the public regarding the conservation of

N. fossalis.

Therefore, designating these areas as critical habitat for

N. fossalis

is likely to provide additional regulatory benefits as well as a significant educational benefit to the species. We believe that excluding these areas under section 4(b)(2) of the Act would provide a significant benefit to the partnership that we have with the County of San Diego, but we believe that the conservation benefits of including these lands as critical habitat outweighs the benefit of exclusion.

In summary, we find that the benefits of excluding lands in areas that are conserved and managed for the purpose of protecting

Navarretia fossalis

(Subunit 3A) outweigh the benefits of including those lands as critical habitat for

N. fossalis

. We find that the benefits of including lands that are being impacted by activities covered under the County of San Diego Subarea Plan and are not yet conserved and managed (Subunits 5B, 5F, and 5I) outweigh the benefits of excluding those lands as critical habitat for

N. fossalis

Exclusion Will Not Result in Extinction of the Species—County of San Diego Subarea Plan

We determined that the exclusion of approximately 5 ac (2 ha) of habitat in Subunit 3A within the County of San Diego Subarea Plan from the revised designation of critical habitat for

Navarretia fossalis

will not result in extinction of the species. The County of San Diego Subarea Plan and “The Crosby at Rancho Santa Fe Habitat Management Plan” provide protection and long-term management of lands that meet the definition of critical habitat for

N. fossalis

in Subunit 3A. Additionally, the jeopardy standard of section 7 of the Act for

N. fossalis

in Subunit 3A provides assurances that the species will not go extinct as a result of exclusion from critical habitat designation. The consultation requirements of section 7(a)(2) and the attendant requirement to avoid jeopardy to

N. fossalis

for projects with a Federal nexus will provide significant protection to the species. Therefore, based on the above discussion we are excluding approximately 5 ac (2 ha) of habitat in Subunit 3A within the County of San Diego Subarea Plan from this revised critical habitat designation.

Western Riverside County Multiple Species Habitat Conservation Plan (Western Riverside County MSHCP)

We determined that approximately 6,343 ac (2,567 ha) of land owned by or under the jurisdiction of the permittees of the Western Riverside County MSHCP contain the physical and biological features essential to the conservation of

Navarretia fossalis

that may require special management considerations or protection, and therefore, these lands meet the definition of critical habitat under the Act. In making our final decision with regard to these lands, we considered several factors including our relationships with participating jurisdictions, our relationships with other stakeholders, existing consultations, conservatio

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