Endangered and Threatened Wildlife and Plants; Final Revised Critical Habitat for Brodiaea filifolia (Thread-Leaved Brodiaea)
Federal RegisterFeb 8, 2011
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2009-0073; MO 92210-0-0009]
RIN 1018-AW54
Endangered and Threatened Wildlife and Plants; Final Revised Critical Habitat for Brodiaea filifolia (Thread-Leaved Brodiaea)
AGENCY:
Fish and Wildlife Service, Interior.
ACTION:
Final rule.
SUMMARY:
We, the U.S. Fish and Wildlife Service, are designating revised critical habitat for
Brodiaea filifolia
(thread-leaved brodiaea) under the Endangered Species Act of 1973, as amended (Act). Approximately 2,947 acres (ac) (1,193 hectares (ha)) in 10 units are being designated as revised critical habitat for
B. filifolia
in Los Angeles, San Bernardino, Riverside, Orange, and San Diego Counties, California.
DATES:
This rule becomes effective on March 10, 2011.
ADDRESSES:
The final rule, final economic analysis, and map of revised critical habitat will be available on the Internet at
http://www.regulations. gov
at Docket No. FWS-R8-ES-2009-0073. Supporting documentation we used in preparing this final rule will be 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 (
see
ADDRESSES
). If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
We intend to discuss only those topics directly relevant to the designation of revised critical habitat for
Brodiaea filifolia
under the Endangered Species Act (Act), as amended (16 U.S.C. 1531
et seq.
), in this final rule. For information on the taxonomy, biology, and ecology of
B. filifolia,
refer to the final listing rule published in the
Federal Register
on October 13, 1998 (63 FR 54975), the designation of critical habitat for
B. filifolia
published in the
Federal Register
on December 13, 2005 (70 FR 73820), the proposed revised designation of critical habitat published in the
Federal Register
on December 8, 2009 (74 FR 64930), and the Notice of Availability (NOA) of the draft economic analysis (DEA) published in the
Federal Register
on July 20, 2010 (75 FR 42054). Additionally, more information on this species can be found in the five-year review for
B. filifolia
signed on August 13, 2009, which is available on our Web site at:
http//:www.fws.gov/Carlsbad.
New Information on Species' Description, Life History, Ecology, Habitat, and Geographic Range and Status
We received no new information pertaining to the description, life history, ecology, habitat, geographic range, or status of
Brodiaea filifolia
following the 2009 proposed revised critical habitat designation (74 FR 64930).
Previous Federal Actions
We published our final designation of critical habitat for
Brodiaea filifolia
on December 13, 2005 (70 FR 73820). The Center for Biological Diversity filed a complaint in the U.S. District Court for the Southern District of California on December 19, 2007, challenging our designation of critical habitat for
B. filifolia
and
Navarretia fossalis
(
Center for Biological Diversity
v.
United States Fish and Wildlife, et al.,
Case No. 07-CV-02379-W-NLS). In a settlement agreement dated July 25, 2008, we agreed to reconsider the critical habitat designation for
B. filifolia.
The settlement stipulated that the U.S. Fish and Wildlife Service (Service) shall submit a proposed revised critical habitat designation for
B. filifolia
to the
Federal Register
by December 1, 2009, and submit a final revised critical habitat designation to the
Federal Register
by December 1, 2010. The proposed revised critical habitat designation was published in the
Federal Register
on December 8, 2009 (74 FR 64930). On November 19, 2010, the U.S. District Court granted a motion to modify the settlement agreement to extend to January 31, 2011, submittal of a final revised critical habitat designation to the
Federal Register
.
Summary of Changes From the Proposed Revised Rule and the Previous Critical Habitat Designation
Summary of Changes From the 2005 Critical Habitat Rule
The areas identified in this rule constitute a revision from the areas we designated as critical habitat for
Brodiaea filifolia
on December 13, 2005 (70 FR 73820). In cases where we have new information or information that was not available for the previous designation, we made changes to the critical habitat for
B. filifolia
to ensure that this rule reflects the best scientific data available.
In the 2005 rule, we excluded subunits under section 4(b)(2) of the Act within the planning boundaries for the Villages of La Costa Habitat Conservation Plan (HCP). The Villages of La Costa HCP is now included within (considered part of) the City of Carlsbad's Habitat Management Plan (Carlsbad HMP) under the Multiple Habitat Conservation Plan (MHCP); therefore, all revised critical habitat that overlaps with the Villages of La Costa HCP was analyzed under section 4(b)(2) of the Act as part of the Carlsbad HMP discussion. These areas have again been excluded from this revised designation under section 4(b)(2) of the Act (
see
Exclusions Under Section 4(b)(2) of the Act section below).
In the 2005 rule, we identified areas covered by HCPs that provided protections for
Brodiaea filifolia,
and excluded those areas because we concluded they did not require special management considerations or protection. We are not using this approach in this rule. In this rule, we identified areas covered by HCPs that are conserved and managed and have weighed the benefits of exclusion against the benefits of including these areas in the revised critical habitat designation pursuant to section 4(b)(2) of the Act.
This rule uses a new economic analysis to identify and estimate the potential economic effects resulting from implementation of conservation actions associated with the revised critical habitat. The analysis is based on estimated incremental impacts associated with critical habitat.
We made changes to the primary constituent elements (PCEs) and our criteria used to identify critical habitat. We incorporated information related to the taxonomy of the species including the change in plant family for
Brodiaea filifolia.
We redefined the boundaries of each subunit proposed as revised critical habitat to more accurately reflect the areas that include the features that
are essential to the conservation of
B. filifolia,
and we analyzed new distribution data (in the 2009 proposed revised critical habitat rule) that has become available to us following the 2005 designation. Table 1 shows the progression of each subunit of critical habitat from the 2005 final critical habitat designation to this final revised critical habitat designation. Table 2 includes name changes that we made for some of the subunits where the old names were ambiguous or do not reflect the current name used to refer to these areas; although the names of these units changed, the locations of these units have not changed. Following Tables 2 and 3, we provide a detailed description of each change made in this revised rule and point to new information that precipitated the change.
Table 1—Changes Between the December 13, 2005, Final Critical Habitat Designation for Brodiaea filifolia, the December 8, 2009, Proposed Revised Critical Habitat Designation, and This Final Revised Critical Habitat Designation *
Unit/Subunit No. and name **
2005 fCH
2009 prCH
2011 frCH
Unit 1: Los Angeles County:
1a. Glendora
96 ac (39 ha)
67 ac (27 ha)
67 ac (27 ha).
1b. San Dimas
198 ac (80 ha)
138 ac (56 ha)
138 ac (56 ha).
Unit 2: San Bernardino County:
2. Arrowhead Hot Springs
Not designated, wrong location
61 ac (25 ha)
61 ac (25 ha).
Unit 3: Central Orange County:
3. Aliso Canyon
Not designated, did not meet the definition of critical habitat
113 ac (46 ha)
11 ac (4 ha); partially excluded under section 4(b)(2).
Unit 4: Southern Orange County:
4a. Arroyo Trabuco
Not designated, did not meet the definition of critical habitat
N/A
N/A.
4b. Caspers Wilderness Park
Excluded under section 4(b)(2)
205 ac (83 ha)
12 ac (5 ha); partially excluded under section 4(b)(2).
4c. Cañada Gobernadora/Chiquita Ridgeline
Excluded under section 4(b)(2)
133 ac (54 ha)
133 ac (54 ha).
4d. Prima Deschecha
Not designated, did not meet the definition of critical habitat
N/A
N/A.
4e. Forster Ranch
Not designated, did not meet the definition of critical habitat
N/A
N/A.
4f. Talega/Segunda Deshecha
Not designated, did not meet the definition of critical habitat
N/A
N/A.
4g. Cristianitos Canyon
Excluded under section 4(b)(2)
587 ac (238 ha)
587 ac (238 ha).
4h. Cristianitos Canyon South
Not designated, did not meet the definition of critical habitat
N/A
N/A.
4i. Blind Canyon
Not designated, did not meet the definition of critical habitat
N/A
N/A.
Unit 5: Northern San Diego County:
5a. Miller Mountain
Not designated, mostly hybrid plants
Not proposed, only
Brodiaea santarosae
present
N/A.
5b. Devil Canyon
249 ac (101 ha)
274 ac (111 ha)
274 ac (111 ha).
Unit 6: Oceanside:
6a. Alta Creek
Not designated, did not meet the definition of critical habitat
72 ac (29 ha)
72 ac (29 ha).
6b. Mesa Drive
Excluded under section 4(b)(2)
17 ac (7 ha)
17 ac (7 ha).
6c. Mission View/Sierra Ridge
Not designated, did not meet the definition of critical habitat
12 ac (5 ha)
12 ac (5 ha).
6d. Taylor/Darwin
Excluded under section 4(b)(2)
35 ac (14 ha)
35 ac (14 ha).
6e. Arbor Creek/Colucci
N/A
94 ac (38 ha)
94 ac (38 ha).
Unit 7: Carlsbad
7a. Letterbox Canyon
Excluded under section 4(b)(2)
57 ac (23 ha)
43 ac (17 ha); partially excluded under section 4(b)(2); 2 ac (1 ha) removed—do not meet the definition of critical habitat.
7b. Rancho Carrillo
Not designated, did not meet the definition of critical habitat
37 ac (15 ha)
37 ac (15 ha).
7c. Calavera Hills Village H
Excluded under section 4(b)(2)
71 ac (29 ha)
26 ac (11 ha); partially excluded under section 4(b)(2).
7d. Villages of La Costa (Rancho La Costa)
Excluded under section 4(b)(2)
98 ac (40 ha)
Excluded under section 4(b)(2).
Carlsbad Oaks
Excluded under section 4(b)(2)
Not proposed, does not meet the definition of critical habitat
N/A.
Carlsbad Highlands
Excluded under section 4(b)(2)
Not proposed, does not meet the definition of critical habitat
N/A.
Poinsettia
Excluded under section 4(b)(2)
Not proposed, does not meet the definition of critical habitat
N/A.
Unit 8: San Marcos and Vista:
8a. Rancho Santa Fe Road North
Not designated, did not meet the definition of critical habitat
N/A
N/A.
8b. Rancho Santalina/Loma Alta
Not included under section 3(5)(A)
47 ac (19 ha)
47 ac (19 ha).
8c. Grand Avenue
Not designated, did not meet the definition of critical habitat
N/A
N/A.
8d. Upham
54 ac (22 ha)
54 ac (22 ha)
54 ac (22 ha).
8e. Linda Vista
Not designated, did not meet the definition of critical habitat
N/A
N/A.
8f. Oleander/San Marcos Elementary
N/A
7 ac (3 ha)
7 ac (3 ha).
Unit 9:
9. Double LL Ranch
Not designated, did not meet the definition of critical habitat
N/A
N/A.
Unit 10:
10. Highland Valley
Not designated; could not verify occurrence
N/A
N/A.
Unit 11: Western Riverside County:
11a. San Jacinto Wildlife Area
Excluded under section 4(b)(2)
401 ac (162 ha)
401 ac (162 ha).
11b. San Jacinto Avenue/Dawson Road
Excluded under section 4(b)(2)
117 ac (47 ha)
117 ac (47 ha).
11c. Case Road
Excluded under section 4(b)(2)
180 ac (73 ha)
180 ac (73 ha).
11d. Railroad Canyon
Excluded under section 4(b)(2)
257 ac (104 ha)
257 ac (104 ha).
11e. Upper Salt Creek (Stowe Pool)
Excluded under section 4(b)(2)
145 ac (59 ha)
145 ac (59 ha).
11f. Santa Rosa Plateau—Mesa de Colorado
Excluded under section 4(b)(2)
234 ac (95 ha)
13 ac (5 ha); partially excluded under section 4(b)(2).
Santa Rosa Plateau—Tenaja Rd
Excluded under section 4(b)(2)
Not proposed; only
Brodiaea santarosae
present
N/A.
11g. Santa Rosa Plateau—South of Tenaja Rd
Excluded under section 4(b)(2)
117 ac (47 ha)
Excluded under section 4(b)(2).
11h. Santa Rosa Plateau—North of Tenaja Rd
Excluded under section 4(b)(2)
44 ac (18 ha)
Excluded under section 4(b)(2).
East of Tenaja Guard Station
Excluded under section 4(b)(2)
Not proposed, does not meet the definition of critical habitat
N/A.
N. End Redondo Mesa
Excluded under section 4(b)(2)
Not proposed, does not meet the definition of critical habitat
N/A.
Corona (north)
Not designated, could not verify occurrence
N/A
N/A.
Corona (south)
Not designated, could not verify occurrence
N/A
N/A.
Moreno Valley
Not designated, could not verify occurrence
N/A
N/A.
Unit 12: San Diego County:
12. Artesian Trails
N/A
109 ac (44 ha)
105 ac (43 ha); partially excluded under section 4(b)(2).
TOTAL FOR NON-MILITARY LANDS
597 ac (242 ha)
3,786 ac (1,532 ha)
2,945 ac (1,193 ha)
.
Marine Corps Base Camp Pendleton:
Cristianitos Canyon Pendleton
N/A
4(a)(3) exemption
4(a)(3) exemption.
Bravo One
4(a)(3) exemption
4(a)(3) exemption
4(a)(3) exemption.
Bravo Two South
N/A
4(a)(3) exemption
4(a)(3) exemption.
Alpha One/Bravo Three
4(a)(3) exemption
Does not meet the definition of critical habitat
N/A.
Basilone/San Mateo Junction
N/A
4(a)(3) exemption
4(a)(3) exemption.
Camp Horno
4(a)(3) exemption
4(a)(3) exemption
4(a)(3) exemption.
SE Horno Summit
4(a)(3) exemption
Does not meet the definition of critical habitat
N/A.
Kilo One
4(a)(3) exemption
Does not meet the definition of critical habitat
N/A.
Pilgrim Creek
N/A
4(a)(3) exemption
4(a)(3) exemption.
South White Beach
N/A
4(a)(3) exemption
4(a)(3) exemption.
TOTAL FOR MILITARY LANDS
***
0 ac (0 ha)
0 ac (0 ha)
0 ac (0 ha)
.
TOTALS
597 ac (242 ha)
3,786 ac (1,532 ha)
2,947 ac (1,193 ha)
.
* This table does not include all locations that are occupied by
Brodiaea filifolia.
It includes only those locations that have met the definition of critical habitat in this or one of the past proposed or final critical habitat rules for
B. filifolia.
** Values in this table and the following text may not sum due to rounding.
*** Military Lands are exempt from this rule under section 4(a)(3) of the Act.
Table 2—Name Changes From the 2005 Final Critical Habitat Designation for Brodiaea filifolia to This Final Revised Critical Habitat Designation
Subunit No.
Previous name
Current name
Reason for change
6c
Oceanside East/Mission Ave
Mission View/Sierra Ridge
Not the eastern most occurrence in Oceanside.
7a
Fox-Miller
Letterbox Canyon
Includes more properties than just Fox-Miller.
7c
Calavera Heights
Calavera Hills Village H
New name is more specific.
11b
San Jacinto Floodplain
San Jacinto Avenue/Dawson Road
New name is more specific.
11c
Case Road Area
Case Road
New name is more specific.
Summary of Changes From the 2009 Proposed Revised Critical Habitat Rule
The most significant changes between the December 2009 proposed revision and this final revised rule are outlined in Table 1 above and include:
(1) In the proposed revised rule, we considered lands covered by the Southern Subregion Natural Community Conservation Plan/Master Streambed Alteration Agreement/Habitat Conservation Plan, now known as the Orange County Southern Subregion HCP, for exclusion under section 4(b)(2) of the Act. We have now analyzed each of the areas considered for exclusion under the Orange County Southern Subregion HCP, and have determined that the benefits of exclusion outweigh the benefits of inclusion for approximately 192 ac (78 ha) of proposed revised critical habitat in Subunit 4b that are covered by the Orange County Southern Subregion HCP and are conserved and managed. We also determined that exclusion of these areas will not result in extinction of the species. Therefore, we are exercising our delegated discretion to exclude these lands from this revised critical habitat designation under section 4(b)(2) of the Act. For a complete discussion of the benefits of inclusion and exclusion,
see
Exclusions Under Section 4(b)(2) of the Act section below.
(2) In the proposed revised rule, we considered lands covered by the Carlsbad Habitat Management Plan (HMP) under the San Diego Multiple Habitat Conservation Program (MHCP) for exclusion under section 4(b)(2) of the Act. We have now analyzed each of the areas considered for exclusion under the Carlsbad HMP, and have determined that the benefits of exclusion outweigh the benefits of inclusion for approximately 156 ac (63 ha) of proposed revised critical habitat in Subunits 7a, 7c, and 7d that are covered by the Carlsbad HMP under the MHCP and are conserved and managed. We also determined that exclusion of these areas will not result in extinction of the species. Therefore, we are exercising our delegated discretion to exclude these lands from this revised critical habitat designation under section 4(b)(2) of the Act. For a complete discussion of the benefits of inclusion and exclusion,
see
Exclusions Under Section 4(b)(2) of the Act section below.
(3) We have determined that 2 ac (1 ha) of land in Subunit 7a do not meet the definition of critical habitat for
Brodiaea filifolia
because they do not contain habitat suitable for the species. We are therefore not including these areas in the revised critical habitat designation.
(4) In the proposed revised rule, we considered lands within the Western Riverside County Multiple Species Habitat Conservation Plan (Western Riverside County MSHCP) planning area for exclusion under section 4(b)(2) of the Act. We have now analyzed each of the areas considered for exclusion
under the Western Riverside County MSHCP, and have determined that the benefits of exclusion outweigh the benefits of inclusion for approximately 381 ac (154 ha) of proposed revised critical habitat in Subunits 11g, 11h, and a portion of Subunit 11f that are covered by the Western Riverside County MSHCP and are conserved and managed. We also determined that exclusion of these lands will not result in extinction of the species. Therefore, we are exercising our delegated discretion to exclude these lands from this revised critical habitat designation under section 4(b)(2) of the Act. For a complete discussion of the benefits of inclusion and exclusion,
see
Exclusions Under Section 4(b)(2) of the Act section below.
(5) In the proposed revised rule, we considered lands covered by the San Diego Multiple Species Conservation Program (MSCP) for exclusion under section 4(b)(2) of the Act. We have now analyzed each of the areas considered for exclusion under the MSCP, and have determined that the benefits of exclusion outweigh the benefits of inclusion for approximately 4 ac (2 ha) of proposed revised critical habitat in Unit 12 that are under the County of San Diego Subarea Plan and are conserved and managed. We also determined that exclusion of these lands will not result in extinction of the species. Therefore, we are exercising our delegated discretion to exclude these lands from this revised critical habitat designation under section 4(b)(2) of the Act. For a complete discussion of the benefits of inclusion and exclusion,
see
Exclusions Under Section 4(b)(2) of the Act section below.
(6) A number of comments we received suggested editorial changes and technical corrections to sections of the rule pertaining to the Background and Criteria Used To Identify Critical Habitat sections of the proposed revised rule. These changes were recommended to improve clarity, include additional information, and correct minor errors. They have been incorporated into this final rule, where appropriate.
Critical Habitat
Background
Critical habitat is defined in section 3(5)(A) of the Act as: (1) The specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the Act, on which are found those physical or biological features:
(a) Essential to the conservation of the species and
(b) Which may require special management considerations or protection; and (2) Specific areas outside the geographical area occupied by the species at the time it is listed, upon a determination that such areas are essential for the conservation of the species.
Conservation, as defined under section 3 of the Act, means the use of all methods and procedures that are necessary to bring any endangered or threatened species to the point at which the measures provided under the Act are no longer necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management, such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, transplantation, and, in the extraordinary case where population pressures within a given ecosystem cannot otherwise be relieved, may include regulated taking.
Critical habitat receives protection under section 7 of the Act through the prohibition against Federal agencies carrying out, funding, or authorizing activities that are likely to result in the destruction or adverse modification of critical habitat. Section 7(a)(2) of the Act requires consultation on Federal actions that may affect critical habitat. The designation of critical habitat does not affect land ownership or establish a refuge, wilderness, reserve, preserve, or other conservation area. Such designation does not allow the government or public to access private lands. Such designation does not require implementation of restoration, recovery, or enhancement measures by private landowners. Where a landowner requests Federal agency funding or authorization for an action that may affect a listed species or critical habitat, the consultation requirements of section 7(a)(2) would apply, but even in the event of a destruction or adverse modification finding, the landowner's obligation is not to restore or recover the species, but to implement reasonable and prudent alternatives to avoid destruction or adverse modification of critical habitat.
For inclusion in a critical habitat designation, the habitat within the geographical area occupied by the species at the time of listing must contain physical or biological features that are essential to the conservation of the species, and be included only if those features may require special management considerations or protection. 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. Critical habitat designations identify, to the extent known using the best scientific data available, habitat areas that provide essential life cycle needs of the species (
i.e.,
areas on which are found the PCEs laid out in the appropriate quantity and spatial arrangement essential to the conservation of the species). Under the Act and regulations at 50 CFR 424.12, we can designate critical habitat in areas outside the geographical area occupied by the species at the time it is listed as critical habitat 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 (44 U.S.C. 3516), and our associated Information Quality Guidelines, provide criteria, establish procedures, and provide guidance to ensure that our decisions are based on the best scientific and commercial data available. They require our biologists, to the extent consistent with the Act and with the use of the best scientific and commercial data available, to use primary and original sources of information as the basis for recommendations to designate critical habitat.
When we are determining which areas should be designated as critical habitat, our primary source of information is generally the information developed during the listing process for the species. Additional information sources may include the recovery plan for the species, articles in peer-reviewed journals, conservation plans developed by States and counties, scientific status surveys and studies, biological assessments, or other unpublished materials and expert opinion or personal knowledge. Substantive comments received in response to proposed critical habitat designations are also considered.
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. 11; Cayan
et al.
2009, p. xi). Additionally, the southwestern region of the country is predicted to become drier and hotter overall (Hayhoe
et al.
2004, p. 12424; Seager
et al.
2007, p. 1181). Climate change may also affect the duration and frequency of drought and these climatic changes may become 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 (
e.g.,
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
Brodiaea filifolia
habitat and occurrences. For example, if the amount and timing of precipitation or the average temperature increases in southern California, the following four changes may affect the long-term viability of
B. filifolia
occurrences in their current habitat configuration:
(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;
(3) Warmer temperatures may affect the timing of pollinator life-cycles causing pollinators to become out-of-sync with timing of flowering
B. filifolia;
and
(4) Drier conditions may result in increased fire frequency, making the ecosystems in which
B. filifolia
currently grows more vulnerable to the threats of subsequent erosion and nonnative or native plant invasion.
At this time, we are unable to identify the specific ways that climate change may impact
Brodiaea filifolia;
therefore, we are unable to determine if any additional areas may be appropriate to include in this revised critical habitat designation. 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 promote the recovery of the species.
Areas that support occurrences of the species, but are outside the critical habitat designation, will continue to be subject to conservation actions we and other Federal agencies implement under section 7(a)(1) of the Act. In these areas, the species is also subject to the regulatory protections afforded by the section 7(a)(2) jeopardy standard, as determined on the basis of the best scientific and commercial information available 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 to these planning efforts calls for a different outcome.
Primary Constituent Elements
Physical and Biological Features
In accordance with section 3(5)(A)(i) of the Act and regulations at 50 CFR 424.12(b), in determining which areas occupied by the species at the time of listing to designate as critical habitat, we consider those physical or biological features that are essential to the conservation of the species that may require special management considerations or protection. We consider the physical or biological features to be the PCEs laid out in the appropriate quantity and spatial arrangement essential to the conservation of the species. The PCEs include, but are not limited to:
(1) Space for individual and population growth and for normal behavior;
(2) Food, water, air, light, minerals, or other nutritional or physiological requirements;
(3) Cover or shelter;
(4) Sites for breeding, reproduction, and rearing (or development) of offspring; and
(5) Habitats that are protected from disturbance or are representative of the historical, geographical, and ecological distributions of a species.
We derive the PCEs required for
Brodiaea filifolia
from its biological needs. The areas included in our revised critical habitat for
B. filifolia
contain the appropriate soils and associated vegetation at suitable elevations, and adjacent areas necessary to maintain associated physical processes such as a suitable hydrological regime. The areas provide suitable habitat, water, minerals, and other physiological needs for reproduction and growth of
B. filifolia,
as well as habitat that supports pollinators of
B. filifolia.
The PCEs and the resulting physical and biological features essential to the conservation of
B. filifolia
are derived from studies of this species' habitat, ecology, and life history as described in the
Background
section of the proposed revised rule (74 FR 64930; December 8, 2009), the previous critical habitat rule (70 FR 73820; December 13, 2005), and in the final listing rule (63 FR 54975; October 13, 1998).
Space for Individual and Population Growth and for Normal Behavior
Habitats that provide space for growth and persistence of
Brodiaea filifolia
include areas: (1) With combinations of appropriate elevation and clay or clay-associated soils, on mesas or low to moderate slopes that support open native or annual grasslands within open coastal sage scrub or coastal sage scrub-chaparral communities; (2) in floodplains or in association with vernal pool or playa complexes that support various grassland, scrub, or riparian herb communities; (3) on soils derived from olivine basalt lava flows on mesas and slopes that support vernal pools within grassland, oak woodland, or savannah communities; or (4) on sandy loam soils derived from basalt and granodiorite parent material with deposits of cobbles and boulders supporting intermittent seeps, and open marsh communities. Despite the wide range of habitats where
B. filifolia
occurs, this species occupies a specific niche of habitat that is moderately wet to occasionally wet.
Food, Water, Air, Light, Minerals, or Other Nutritional or Physiological Requirements
All members of the genus
Brodiaea
require full sun and many tend to occur on only one or a few soil series (Niehaus 1971, pp. 26-27).
Brodiaea filifolia
occurs on several formally named soil series, but most (if not all) of these are primarily clay soils with varying amounts of sand and silt. In this rule, we listed all the mapped soils that
overlap with the distribution of
B. filifolia.
Sometimes clay soils occur as inclusions within other soil series; as such, we have named those other soil series in this rule. Another reason that there are many differently named soil series is because this species occurs in five counties, each of which has uniquely named soils. In some areas in northern San Diego County and southwestern Riverside County, the species is identified with mapped soils with no known clay component; however, closer study and sight specific sampling may show these soils contain clay in the specific areas supporting
B. filifolia.
Despite this issue and the diversity in named soil series,
B. filifolia
is considered a clay soils endemic.
In San Diego, Orange, and Los Angeles Counties, occurrences of
Brodiaea filifolia
are highly correlated with specific clay soil series such as, but not limited to: Alo, Altamont, Auld, and Diablo or clay lens inclusions in a matrix of loamy soils such as Fallbrook, Huerhuero, and Las Flores series (63 FR 54975, p. 54978; CNDDB 2009, pp. 1-76; Service Geographic Information System (GIS) data 2009; USDA 1994). These soils generally occur on mesas and hillsides with gentle to moderate slopes, or in association with vernal pools. These soils are generally vegetated with open native or nonnative grassland, open coastal sage scrub, or open coastal sage scrub-chaparral communities. In San Bernardino County, the species is associated with Etsel family-Rock outcrop-Springdale and Tujunga-Urban land-Hanford soils (Service 2009a, Service GIS data). These soils are generally vegetated with open native and nonnative grassland, open coastal sage scrub, or open coastal sage scrub-chaparral communities.
In western Riverside County, the species is often found on alkaline silty-clay soil series such as, but not limited to, Domino, Grangeville, Waukena, and Willows underlain by a clay subsoil or caliche (a hardened gray deposit of calcium carbonate). These soils generally occur in low-lying areas and floodplains or are associated with vernal pool or playa complexes. These soils are generally vegetated with open native and nonnative grassland, alkali grassland, or alkali scrub communities. Also in western Riverside County, the species is found on clay loam soils underlain by heavy clays derived from basalt lava flows (
i.e.,
Murrieta series on the Santa Rosa Plateau) (Bramlet 1993, p. 1; CNDDB 2009, pp. 1-76; Service 2009a, Service GIS data). These soils generally occur on mesas and gentle to moderate slopes or are associated with basalt vernal pools. These soils are vegetated with open native or nonnative grassland or oak woodland savannah communities.
In some areas in northern San Diego County and southwestern Riverside County, the species is found on sandy loam soils derived from basalt and granodiorite parent materials; deposits of gravel, cobble, and boulders; or hydrologically fractured, weathered granite in intermittent streams and seeps. These soils and deposits are generally vegetated by open riparian and freshwater marsh communities associated with intermittent drainages, floodplains, and seeps. These soils facilitate the natural process of seed dispersal and germination, cormlet disposition or movement to an appropriate soil depth, and corm persistence through seedling and adult phases of flowering and fruit set.
Habitats That Are Protected From Disturbance or Are Representative of the Historical, Geographical, and Ecological Distributions of the Species
The conservation of
Brodiaea filifolia
is dependent on several factors including, but not limited to, maintenance of areas of sufficient size and configuration to sustain natural ecosystem components, functions, and processes (such as full sun exposure, natural fire and hydrologic regimes, adequate biotic balance to prevent excessive herbivory); protection of existing substrate continuity and structure, connectivity among groups of plants of this species within geographic proximity to facilitate gene flow among the sites through pollinator activity and seed dispersal; and sufficient adjacent suitable habitat for vegetative reproduction and population expansion.
A natural, generally intact surface and subsurface soil structure, perhaps lightly impacted, but not permanently altered by anthropogenic land use activities (such as deep, repetitive discing, or grading), and associated physical processes such as a natural hydrological regime is necessary to provide water, minerals, and other physiological needs for
Brodiaea filifolia.
A natural hydrological regime includes seasonal hydration followed by drying out of the substrate to promote growth of plants and new corms for the following season. These conditions are also necessary for the normal development of seedlings and young vegetative cormlets.
Habitat for Pollinators of
Brodiaea filifolia
Cross-pollination is essential for the survival and recovery of
Brodiaea filifolia
because this species is self-incompatible and it cannot sexually reproduce without the aid of insect pollinators. A variety of insects are known to cross-pollinate
Brodiaea
species, including tumbling flower beetles (Mordellidae, Coleoptera) and sweat bees (Halictidae, Hymenoptera; Niehaus 1971, p. 27). Bell and Rey (1991, p. 3) report that native bees observed pollinating
B. filifolia
on the Santa Rosa Plateau in Riverside County include
Bombus californicus
(Apidae, Hymenoptera),
Hoplitus
sp. (Megachilidae, Hymenoptera),
Osmia
sp. (Megachilidae, Hymenoptera), and an unidentified Anthophorid (digger-bee). Anthophoridae and Halictidae are important pollinators of
B. filifolia,
as shown at a study site in Orange County (Glenn Lukos Associates 2004, p. 3). Supporting and maintaining pollinators and pollinator habitat is essential to the conservation of
B. filifolia
because this species cannot set viable seed without cross-pollination.
Of primary concern to the conservation of
Brodiaea filifolia
are solitary bees (such as sweat bees (
Hoplitus
sp. and
Osmia
sp.)) because these are the pollinators that have the most specific habitat requirements (such as nesting requirements) and are impacted by fragmentation and reduced diversity of natural habitats at a small scale (Gathmann and Tscharntke 2002, p. 757; Steffan-Dewenter 2003, p. 1041; Shepherd 2009, pers. comm.). Due to the focused foraging habits of solitary bees, we believe that these insects may be the most important to the successful reproduction of
B. filifolia.
To sustain an active pollinator community for
B. filifolia,
alternative pollen or food source plants may be necessary for the persistence of these insects when
B. filifolia
is not in flower. It is also necessary for nest sites for pollinators to be located within flying distance of
B. filifolia
occurrences.
Bombus
spp. (bumblebees) may also be important to the pollination of
Brodiaea filifolia,
however, these insects may be able to travel greater distances and cross fragmented landscapes to pollinate
B. filifolia.
In a study of experimental isolation and pollen dispersal of
Delphinium nuttallianum
(Nuttall's larkspur), Schulke and Waser (2001, pp. 242-243) report that adequate pollen loads were dispersed by bumblebees within control populations and in isolated experimental “populations” from 164 to 1,312 feet (ft) (50 to 400 meters (m)) from the control populations. One of several pollinator taxa effective at 1,312 ft (400 m) was
Bombus californicus
(Schulke and Waser 2001, pp. 240-243), which was also one of four bee species observed
pollinating
B. filifolia
by Bell and Rey (1991, p. 2). Studies by Steffan-Dewenter and Tscharntke (2000, p. 293) demonstrated that it is possible for bees to forage as far as 4,920 ft (1,500 m) from a colony, and at least one study suggests that bumblebees may forage many kilometers away (Sudgen 1985, p. 308). Bumblebees may be effective at transferring pollen between occurrences of
B. filifolia
because they are larger and have been found pollinating plants at distances of 1,312 to 4,920 ft (400 to 1,500 m). However, the visits and focused effort of bumblebees may be less frequent than ground-nesting bees.
Ground-nesting solitary bees appear to have limited dispersal and flight abilities (Thorp and Leong 1995, p. 7). Studies have shown that as areas are fragmented by development, remaining habitat areas have reduced pollinator diversity (Steffan-Dewenter 2003, p. 1041). If pollinators are eliminated from an occurrence,
Brodiaea filifolia
will no longer be able to reproduce sexually. Of the native bees that have been observed pollinating
B. filifolia,
solitary ground-nesting bees are the most sensitive to habitat disturbance and the most likely to be lost from an area. Sweat bees,
Holitus,
and Osmia (mason bees), fly approximately 900 to 1,500 ft (274 to 457 m), 600 to 900 ft (183 to 274 m), and 600 to 1,800 ft (183 to 549 m), respectively (Shepherd 2009, pers. comm.).
Bombus californicus
(family Apidae) and digger bees (family Apidae) fly further, generally more than 2,640 ft (804 m) (Shepherd 2009, pers. comm.). These flight distances are important in determining what habitat associated with
B. filifolia
occurrences provides habitat for this species' pollinators. Conserving habitat where these pollinators nest and forage will sustain an active pollinator community and provide for the cross-pollination of
B. filifolia.
In our review of the data on pollinators of
Brodiaea filifolia
in the 2005 critical habitat rule, we determined that an 820-ft (250-m) area around each occurrence identified in the critical habitat would provide adequate space to support
B. filifolia'
s pollinators. In the 2005 critical habitat rule, we based the 820-ft (250-m) distance on a conservative estimate for the mean routine flight distance for bees. This distance represents an estimate of flight distance for pollinators that fly an average of less than 1,800 ft (549 m) (
i.e.,
the maximum distance observed by known pollinators of
B. filifolia
except
Bombus californicus
). Research supports this distance, as studies looking at areas with a radius of 820 ft (250 m) have found that solitary bees forage at this scale and that if fragmentation occurs at this scale the presence of solitary bees will decrease (Steffan-Dewenter
et al.
2002, pp. 1027-1029; Shepherd 2009, pers. comm.). Insects that travel greater distances than 1,800 ft (549 m) on average may also find habitat within 820 ft (250 m) of
B. filifolia
occurrences. It is also possible that insects flying greater than 1,800 ft (549 m) are flying in from greater distances (
Bombus californicus
and
Anthophora
) and are living in habitats that are not directly connected with areas supporting
B. filifolia.
Delineating a pollinator use area larger than 820 ft (250 m) around
B. filifolia
would capture habitat that may not directly contribute to the conservation of
B. filifolia.
Including habitat extending beyond the perimeters of mapped occurrences of
B. filifolia
by up to 820 ft (250 m) in the PCEs is necessary to support pollinator activity in critical habitat, support the sexual reproduction of
B. filifolia,
and provide for gene flow, pollen dispersal, and seed dispersal.
Primary Constituent Elements for Brodiaea filifolia
Under the Act and its implementing regulations, we are required to identify the physical or biological features essential to the conservation of
Brodiaea filifolia
and that may require special management considerations or protection. The physical or biological features essential to the conservation of the species are those PCEs laid out in an appropriate quantity and spatial arrangement determined to be essential to the conservation of the species. All final revised critical habitat areas for
B. filifolia
are currently occupied, are within the geographical area occupied by the species at the time of listing, and contain sufficient PCEs to support at least one life history function of the species (
see
the Spatial Distribution and Historical Range section of the proposed revised rule).
Based on our current knowledge of the life history, biology, and ecology of
Brodiaea filifolia,
and the requirements of the habitat to sustain the life-history traits of the species, we determined that the PCEs specific to
B. filifolia
are:
(1) PCE 1—Appropriate soil series at a range of elevations and in a variety of plant communities, specifically:
(A) Clay soil series of various origins (such as Alo, Altamont, Auld, or Diablo), clay lenses found as unmapped inclusions in other soils series, or loamy soils series underlain by a clay subsoil (such as Fallbrook, Huerhuero, or Las Flores) occurring between the elevations of 100 and 2,500 ft (30 and 762 m).
(B) Soils (such as Cieneba-rock outcrop complex and Ramona family-Typic Xerothents soils) altered by hydrothermal activity occurring between the elevations of 1,000 and 2,500 ft (305 and 762 m).
(C) Silty loam soil series underlain by a clay subsoil or caliche that are generally poorly drained, moderately to strongly alkaline, granitic in origin (such as Domino, Grangeville, Traver, Waukena, or Willows) occurring between the elevations of 600 and 1,800 ft (183 and 549 m).
(D) Clay loam soil series (such as Murrieta) underlain by heavy clay loams or clays derived from olivine basalt lava flows occurring between the elevations of 1,700 and 2,500 ft (518 and 762 m).
(E) Sandy loam soils derived from basalt and granodiorite parent materials; deposits of gravel, cobble, and boulders; or hydrologically fractured, weathered granite in intermittent streams and seeps occurring between 1,800 and 2,500 ft (549 and 762 m).
(2) PCE 2—Areas with a natural, generally intact surface and subsurface soil structure, not permanently altered by anthropogenic land use activities (such as deep, repetitive discing, or grading), extending out up to 820 ft (250 m) from mapped occurrences of
Brodiaea filifolia
to provide for space for individual population growth, and space for pollinators.
This revision to the previous critical habitat designation is designed for the conservation of those areas containing PCEs necessary to support the species' life history traits. All units/subunits of the revised critical habitat contain one of the specific soil components identified in PCE 1, which facilitate the natural process of seed dispersal and germination, cormlet disposition or movement to an appropriate soil depth, and corm persistence through seedling and adult phases of flowering and fruit set (
see
Habitat section of the proposed revised critical habitat rule for this species (74 FR 64932)), and have natural, generally intact surface and subsurface soil structure necessary to provide water, minerals, and other physiological needs for the species and support habitat for pollinators, which facilitate reproduction, as identified in PCE 2. These two factors are sufficient to support life-history traits of
Brodiaea filifolia
in the units/subunits we designate as revised critical habitat. In general, we designate units/subunits based on the presence of the PCEs in the appropriate quantity and spatial arrangement essential to the conservation of the species. In the case of this designation, all of the units/subunits contain both of the PCEs.
Special Management Considerations or Protection
When designating critical habitat within the geographical area occupied by the species at the time of listing, we assess whether the physical or biological features essential to the conservation of the species may require special management considerations or protection. In all units/subunits, special management considerations or protection of the essential features may be required to provide for the growth, reproduction, and sustained function of the habitat on which
Brodiaea filifolia
depends.
The lands designated as revised critical habitat represent our best assessment of the habitat that meets the definition of critical habitat for
Brodiaea filifolia
at this time. The essential physical or biological features within the areas designated as revised critical habitat may require some level of management to address current and future threats to
B. filifolia,
including the direct and indirect effects of habitat loss and degradation from urban development; the introduction of nonnative invasive plant species; recreational activities; discing and mowing for agricultural practices or fuel modification for fire management; dumping of manure and sewage sludge; and hybridization with other species of
Brodiaea.
Loss and degradation of habitat from development was cited in the final listing rule as a primary cause for the decline of
Brodiaea filifolia.
Most of the populations of this species are located in San Diego, Orange, and Riverside counties. These counties have had (and continue to have) increasing human populations and attendant housing pressure. Natural areas in these counties are frequently near or bounded by urbanized areas. Urban development removes the plant community components and associated clay soils identified in the PCEs, which eliminates or fragments the populations of
B. filifolia.
Grading, discing, and scraping areas in the preparation of areas for urbanization also directly alters the soil surface as well as subsurface soil layers to the degree that they will no longer support plant community types and pollinators associated with
B. filifolia
(PCE 2). Conservation and management of
B. filifolia
habitat and adjacent pollinator habitat is needed to address the threat of development.
Nonnative invasive plant species may alter the vegetation composition or physical structure identified in the PCEs to an extent that the area does not support
Brodiaea filifolia
or the plant community that it inhabits. Additionally, invasive species may compete with
B. filifolia
for space and resources by depleting water that would otherwise be available to
B. filifolia.
Management activities including (but not limited to) nonnative plant removal and control are needed to reduce this threat.
Unauthorized recreational activities may impact the vegetation composition and soil structure that supports
Brodiaea filifolia
to an extent that the area will no longer have intact soil surfaces or the plant communities identified in the PCEs. Off-highway vehicle (OHV) activity is an example of this type of activity. Management activities such as (but not limited to) fencing or other barriers to unauthorized access, signage, and monitoring are needed to address this threat.
Some methods of mowing or discing for agricultural purposes or fuel modification for fire management may preclude the full and natural development of
Brodiaea filifolia
by adversely affecting the PCEs. Mowing may preclude the successful reproduction of the plant, or alter the associated vegetation needed for pollinator activity (PCE 2). Dumping of sewage sludge can cover plants as well as the soils they need. Additionally, this practice can alter the chemistry of the substrate and lead to alterations in the vegetation supported at the site (PCE 1). Management activities such as (but not limited to) fencing, signage, and education of landowners and land managers about the detrimental effects that mowing, discing, and dumping sewage have on
B. filifolia
and its habitat are needed to address this threat.
Manure dumping on private property along the San Jacinto River area is impacting habitat within the Western Riverside County MSHCP plan area. These impacts are occurring despite identification of these areas as important for the survival and recovery of
Brodiaea filifolia
in the Western Riverside County MSHCP. Manure dumping is not a covered activity under the Western Riverside County MSHCP and was not discussed as an impact to
B. filifolia
in the Biological Opinion on the Western Riverside County MSHCP (Service 2004b, pp. 378-386). 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
B. filifolia
and
Navarretia fossalis
and their habitats through 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 the Western Riverside County MSHCP plan area.
The Service is aware of occurrences of some hybrids within the range of
Brodiaea filifolia
in Subunit 5b (Devil Canyon) in northwestern San Diego County (Chester et al. 2007, p. 193). The presumed parent taxa of these hybrids are considered to be
B. filifolia
and
B. orcuttii
because of the apparent morphological intermediacy of the individuals and proximity of their ranges. This is supported by the close relationship of the two species noted above. Although there are some hybrids of
B. filifolia
and
B. orcuttii
in this subunit, it is likely that a minimum of 850 plants are pure
B. filifolia
(Service 2009b, p. 15) (we consider occurrences that have between 850 and 3,000 flowering stems observed in multiple years to be stable and persistent because we expect these occurrences to have a sufficient amount of corms to sustain the occurrence for a number of years if the habitat remains unaltered (see
Criteria Used
section below)). Plants of hybrid origin have also been reported in Subunit 8d (Upham) in the City of San Marcos (Chester
et al.
2007, p. 191). Chester
et al.
(2007) only found a few hybrid specimens at this location, therefore it is likely that a minimum of 850 plants are pure
B. filifolia.
Hybridization could result in the loss of portions of
B. filifolia
occurrences if other
Brodiaea
species are transplanted adjacent to existing
B. filifolia
occurrences, or if existing
B. filifolia
occurrences are transplanted adjacent to other
Brodiaea
species and the two species are able to hybridize. Informing biological resource managers of the existence of this threat will help to keep human-mediated hybridization from occurring.
In summary, we find that the areas we are designating as revised critical habitat contain the physical or biological features essential to the conservation of
Brodiaea filifolia,
and that these features may require special management considerations or protection. Special management considerations or protection may be required to eliminate, or reduce to negligible level, the threats affecting each unit/subunit and to preserve and
maintain the essential features that the revised critical habitat units/subunits provide to
B. filifolia.
Additional discussions of threats facing individual sites are provided in the individual unit/subunit descriptions.
The designation of critical habitat does not imply that lands outside of critical habitat may not play an important role in the conservation of
Brodiaea filifolia.
In the future, and with changed circumstances, these lands may become essential to the conservation of
B. filifolia.
Activities with a Federal nexus that may affect areas outside of revised critical habitat, such as development, agricultural activities, and road construction, are still subject to review under section 7 of the Act if they may affect
B. filifolia
because Federal agencies must consider both effects to the plant and effects to critical habitat independently. The prohibitions of section 9 of the Act applicable to
B. filifolia
under 50 CFR 17.71 (
e.g.,
the prohibition against reducing to possession or maliciously damaging or destroying listed plants on Federal lands) also continue to apply both inside and outside of designated critical habitat.
Criteria Used To Identify Critical Habitat
We determined that all areas we are designating as final revised critical habitat are within the geographical area occupied by
Brodiaea filifolia
at the time of listing and are currently occupied (
see
the Spatial Distribution and Historical Range section of the proposed revised critical habitat rule (74 FR 64929; December 8, 2009) for more information). We considered the areas outside the geographical area occupied by the species at the time of listing, but are not designating any areas outside the geographical area occupied by
B. filifolia
at the time of listing because we determined that a subset of occupied lands within the species' historical range are adequate to ensure the conservation of
B. filifolia.
Occupied areas exist throughout this species' historical range, and through the conservation of a subset of occupied habitats (35 of 68 extant occurrences,
see
Table 1), we will be able to stabilize and conserve
B. filifolia
throughout its current and historical range. All units/subunits designated as revised critical habitat contain the PCEs in the appropriate quantity and spatial arrangement essential to the conservation of this species and support multiple life-history traits for
B. filifolia.
As required by section 4(b) of the Act, we use the best scientific and commercial data available in determining areas that contain the physical or biological features that are essential to the conservation of
Brodiaea filifolia.
The data used for this revised critical habitat are summarized below. This rule reflects the best available scientific and commercial information and thus differs from our 2005 final critical habitat rule.
This section provides details of the process we used to delineate critical habitat. This final rule reflects a progression of conservation efforts for
Brodiaea filifolia
that is largely based on the past analysis of the areas identified as meeting the definition of critical habitat for
B. filifolia
as identified in the 2004 proposed critical habitat rule, the 2005 final critical habitat designation, and new information we obtained on the species' distribution since listing. For some areas that were analyzed in 2005 but determined not to meet the definition of critical habitat, we received new distribution information for the proposed revised rule that resulted in determining that those areas do meet the definition of critical habitat. There are also some areas identified as meeting the definition of critical habitat in the 2005 critical habitat designation that we did not include in the proposed revised rule and this final revised critical habitat designation because we determined, based on a review of the best available information, that they do not meet the definition of critical habitat. The specific differences from the 2005 designation of critical habitat are summarized in the Summary of Changes from the Proposed Revised Rule and the Previous Critical Habitat Designation section of this rule.
Species and plant communities that are protected across their ranges are expected to have lower likelihoods of extinction (Soule and Simberloff 1986, p. 35; Scott
et al.
2001, pp. 1297-1300). Genetic variation generally results from the effects of population isolation and adaptation to locally distinct environments (Lesica and Allendorf 1995, pp. 754-757; Hamrick and Godt 1996, pp. 291-295; Fraser 2000, pp. 49-51). We sought to include the range of ecological conditions in which
Brodiaea filifolia
is found to preserve the genetic variation that may reflect adaptation to local environmental conditions, as documented in other plant species (such as in Millar and Libby 1991, pp. 150, 152-155; or Hamrick and Godt 1996, pp. 299-301). A suite of locations that possess unique ecological characteristics will represent more of the environmental variability under which
B. filifolia
has evolved. Protecting these areas will promote the adaptation of the species to different environmental conditions and contribute to species recovery.
We also determined that habitat for pollinators is essential to the survival and recovery of this species because
Brodiaea filifolia
is self-incompatible (genetically similar individuals are not able to produce viable seeds). Sexual reproduction, facilitated through pollination, is necessary for the long-term conservation of this species.
All critical habitat discussed in this final revised critical habitat designation is occupied by the species at the subunit level, meaning that each subunit contains at least one known occurrence of
Brodiaea filifolia.
Occupied areas were determined from survey data and element occurrence data in the California Natural Diversity Database (CNDDB) (CNDDB 2009, pp. 1-76). Using GIS data in the areas identified as occupied by this species as a guide, we identified the areas that contain the physical and biological features essential to the conservation of
B. filifolia.
The essential features in each subunit are necessary for the conservation of the occurrence within the subunit, which contributes to the overall conservation of the species.
To map the areas that meet the definition of critical habitat, we identified areas that contain the PCEs in the appropriate quantity and spatial arrangement essential to the conservation of this species using the following criteria: (1) Areas supporting occurrences on rare or unique habitat within the species' range; (2) areas supporting the largest known occurrences of
Brodiaea filifolia;
or (3) areas supporting stable occurrences of
B. filifolia
that are likely to be persistent. These criteria are explained in greater detail below and a summary of our analysis of all current and past areas supporting
B. filifolia
is presented in Table 3.
We determined that the areas supporting 36 of the 68 extant occurrences meet the definition of critical habitat; of these 36 occurrences, 7 are on Marine Corps Base Camp Pendleton (MCB Camp Pendleton) and the areas are exempt from critical habitat under section 4(a)(3) of the Act (
see
Exemptions under Section 4(a)(3) of the Act section below). Of the 29 occurrences in areas proposed as revised critical habitat (74 FR 64930; December 8, 2009), four are in areas excluded from this final revised critical habitat designation under section 4(b)(2) of the Act (Subunits 7d, 8f, 11g, and 11h), and eight are in areas partially excluded from this final revised critical habitat designation under section 4(b)(2) of the Act (portions of Subunits 6a, 6d,
7a, 7c, 8b, 11f, and Units 3 and 12) (
see
Exclusions under Section 4(b)(2) of the Act section below). Areas containing the PCEs and that meet at least one of the above criteria are considered to contain the physical and biological features essential to the conservation of the species and, therefore, meet the definition of critical habitat. Included in PCE 2 are areas up to 820 ft (250 m) from mapped occurrences of
Brodiaea filifolia
to provide adequate space to support the habitat and alternate food sources needed for pollinators of
B. filifolia.
The 820-ft (250-m) distance for determining the pollinator use area is based on a conservative estimate for the mean routine flight distance for ground-nesting solitary bees that pollinate
B. filifolia.
This distance is not meant to capture all habitat that is potentially used by pollinators, but it is meant to capture a sufficient area to allow for pollinators to nest, feed, and reproduce in habitat that is adjacent and connected to the areas where
B. filifolia
grows (see Habitat for Pollinators of
Brodiaea filifolia
section above for a more detailed explanation of pollinator requirements and our derivation of the 820-ft (250-m) distance used to determine the pollinator use area).
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We identified habitat containing the features essential to the conservation of
Brodiaea filifolia
by using data from the following GIS databases: (1) Species occurrence information in Los Angeles, San Bernardino, Orange, Riverside, and San Diego Counties from the CNDDB and from survey reports; (2) vegetation data layers from Orange, Riverside, and San Diego Counties and vegetation data layers from the U.S. Forest Service's Cleveland National Forest (CNF) for Los Angeles and San Bernardino Counties; and (3) Natural Resources Conservation Service's Soil Survey Geographic Database (SSURGO) soil data layers for Orange, Riverside, and San Diego Counties, and State Soil Geographic Database (STATSGO) soil data layers for Los Angeles and San Bernardino Counties.
Criteria Used
If habitat areas met one or more of the following criteria, they were determined to meet the definition of critical habitat under section 3(5)(A)(i) of the Act.
(1) The first criterion is any area that supports an occurrence in rare or unique habitat within the species' range. We evaluated all occurrences of
Brodiaea filifolia
under this criterion, regardless of occurrence size. We identified four main factors that
constitute rare or unique habitat for
B. filifolia:
(a) Occurrences in habitat types that are uncommon such as grassland habitat that occurs intermixed with chaparral, grassland habitat that is associated with vernal pools, or large areas of native grassland;
(b) Occurrences on uncommon soil types such as clay soils that are altered by hydrothermal activity;
(c) Occurrences that grow along ephemeral drainages in seep-type habitats; and
(d) Occurrences that grow in gravel, cobbles, and small boulder substrate.
These four unique situations differ from the majority of occurrences of this species, which are found on clay soils intermixed with coastal sage scrub habitat. The conservation of
Brodiaea filifolia
occurring in these rare or unique situations will preserve the diversity of habitats where this species is found.
(2) The second criterion is any area that supports one of the largest known populations of
Brodiaea filifolia.
Occurrences of this species range from just a few plants to several thousand plants, while the majority of the known occurrences are under 3,000 plants (
see
the
Background
section of the 2009 proposed revised critical habitat rule for a discussion on how occurrences of
B. filifolia
are grouped and counted). However, there are 13 occurrences that stand out as the largest, each having greater than 3,000 plants. Occurrences supporting large numbers of plants (3,000 or more) are noted in Table 1 and are found in the following areas:
(a) Los Angeles County: Subunit 1b-San Dimas;
(b) Riverside County: Subunit 11c-Case Road, Subunit 11d-Railroad Canyon, and Subunit 11f-Santa Rosa Plateau-Mesa de Colorado;
(c) Orange County: Unit 3-Aliso Canyon, and Subunit 4g-Cristianitos Canyon; and
(d) San Diego County: Subunit 6d-Taylor/Darwin, Subunit 7a-Letterbox Canyon, Subunit 7b-Rancho Carrillo, Subunit 7d-Rancho La Costa, Subunit 8b-Rancho Santalina/Loma Alta, Subunit 8d-Upham, and Subunit 8f-Oleander/San Marcos Elementary (
See
Table 1).
These large occurrences are present in habitat areas that contain the physical and biological features essential to the conservation of this species. These areas generally represent large contiguous blocks of intact habitat. The conservation of these large populations will increase the resilience of the species across its range and contribute to the overall recovery of this species.
(3) The third criterion is any area that supports an occurrence considered to be stable and persistent. We consider occurrences that have between 850 and 3,000 flowering stems that have been observed in multiple years to be stable and persistent because we expect these occurrences to have a sufficient number of corms to sustain the occurrence for a number of years if the habitat remains unaltered. These areas contribute to the conservation of
Brodiaea filifolia
by providing resilience for the species by decreasing the probability of the species becoming extinct, and by contributing to the genetic diversity of the species. The conservation of these areas helps
B. filifolia
to maintain its current geographic distribution, since these resilient occurrences are found throughout the range of the species. This is particularly important for
B. filifolia
because this species relies on outcrossing for successful reproduction.
To determine if any additional areas met the third criterion, we looked at all occurrences with fewer than 850 flowering stalks to determine if any of these exhibited the same persistence and stability characteristics to provide similar conservation value as the other identified occurrences with greater than 850 flowering stalks (since the counts for an occurrence vary from year to year). We found that one occurrence with fewer than 850 flowering stalks (at the Arbor Creek/Colucci site) exhibited characteristics of a stable, persistent occurrence (
i.e.,
an occurrence of consistent size not substantially less than 850 flowering stalks); therefore, this occurrence fulfills the ecological role of sites we are interested in identifying through this criterion, even though the high count at this site is 620 flowering stalks.
Of the 68 occurrences of
Brodiaea filifolia
that we identified as being extant in our 5-year review for this species (Service 2009b), areas supporting 36 occurrences meet one or more of the 3 criteria outlined above. Seven of these areas are exempt from this critical habitat designation under section 4(a)(3) of the Act (
see
Exemptions Under Section 4(a)(3) of the Act section), and the remaining 29 areas were proposed as revised critical habitat (74 FR 64930; December 8, 2009). Of these 29 areas, 14 fit into one of the 4 reasons that areas meet the “rare or unique habitat” criterion, 13 meet the “largest occurrences” criterion, and 13 meet the “stable and persistent occurrences” criterion. Of these 29 areas, 3 are excluded from this final revised critical habitat designation under section 4(b)(2) of the Act (Subunits 7d, 11g, and 11h), and 5 are partially excluded from this final revised critical habitat designation under section 4(b)(2) of the Act (portions of Subunits 7a, 7c, 11f, and Units 3 and 12) (
see
Exclusions under Section 4(b)(2) of the Act section below).
The habitat areas that meet one or more of the criteria represent the historical range of the species, and are adequate to provide for this species' conservation. Habitat areas and the occurrences they support that do not meet any of the three criteria may still be important to the conservation of this species, but without the conservation of the habitat areas and occurrences identified through this process, the recovery effort for this species may be impaired.
Other Factors Involved With Delineating Critical Habitat
Following the identification of areas supporting 36 occurrences of the 68 extant occurrences that met one of the 3 criteria listed above, we mapped the area that contained the PCEs at each occurrence including habitat extending beyond the perimeters of mapped occurrences of
Brodiaea filifolia
by up to 820 ft (250 m) to provide adequate space to support the habitat and alternate food sources needed for pollinators of
B. filifolia
(see Habitat for Pollinators of
Brodiaea filifolia
section).
Areas that did not provide habitat for
Brodiaea filifolia
or potential pollinators were removed from the 820-ft (250-m) zone of mapped occurrences of
B. filifolia,
such as areas that were developed or severely altered by grading. Our mapping methodology captures the PCEs in the appropriate quantity and spatial arrangement essential to the conservation of the species, and encompasses the range of environmental variability for this species.
When determining the final revised critical habitat boundaries for
Brodiaea filifolia,
we made every effort to map precisely the areas that contain the physical or biological features essential to the conservation of the species. However, we cannot guarantee that every fraction of revised critical habitat contains the PCEs due to the mapping scale that we use to draft critical habitat boundaries. Additionally, we made every attempt to avoid including developed areas such as lands underlying buildings, pavement, and other structures because such lands lack PCEs for
B. filifolia.
The scale of the maps we prepared under the parameters for publication within the Code of Federal Regulations may not reflect the exclusion of such developed lands. Any
such lands inadvertently left inside critical habitat boundaries shown on the maps of this revised critical habitat are excluded by text in this rule and are not designated 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 adjacent critical habitat.
Revised Critical Habitat Designation
We are designating 2,947 ac (1,193 ha) in 10 units, subdivided into 23 subunits as revised critical habitat for
Brodiaea filifolia.
The unit numbers in this rule correspond to those used in the 2004 proposed rule and the 2005 final rule; however, Units 9 and 10 were not proposed and Units 11 and 12 are new to this revised rule. Unit 11 represents lands in Riverside County excluded from the 2005 designation of critical habitat, and Unit 12 represents the Artesian Trails area in San Diego County that is now partially included based on new occurrence data in this area. To minimize confusion with the previous proposal and designation we are not using Unit numbers 9 and 10 in this rule (
see
Table 2 and Summary of Changes from the Proposed Revised Rule and the Previous Critical Habitat Designation section).
The areas we describe below constitute our best assessment of areas that meet the definition of critical habitat for
Brodiaea filifolia.
We determined these areas are within the geographical area occupied at the time of listing, and contain the physical and biological features essential to the conservation of
B. filifolia
that may require special management considerations or protection. We are not designating any areas outside the geographical area occupied by the species at the time of listing because we determined that the lands we are designating as revised critical habitat are adequate to ensure conservation of
B. filifolia.
The lands designated as revised critical habitat represent a subset of the total lands occupied by
B. filifolia.
Table 4 identifies the approximate area of each designated critical habitat subunit by land ownership. These subunits, which generally correspond to the geographic area of the subunits delineated in the 2005 designation (see Table 2 for a detailed comparison of this rule and the 2005 designation), replace the 2005 critical habitat designation for
B. filifolia
in 50 CFR 17.96(a).
Table 4—Area Estimates in Acres (ac) and Hectares (ha), and Land Ownership for Brodiaea filifolia Final Revised Critical Habitat
Location
Ownership
Federal *
State
government
Local
government
Private
Total area **
Unit 1: Los Angeles County
1a. Glendora
0 ac (0 ha)
0 ac (0 ha)
0 ac (0 ha)
67 ac (27 ha)
67 ac (27 ha).
1b. San Dimas
13 ac (5 ha)
0 ac (0 ha)
0 ac (0 ha)
125 ac (51 ha)
138 ac (56 ha).
Unit 2: San Bernardino County
2. Arrowhead Hot Springs
0 ac (0 ha)
0 ac (0 ha)
0 ac (0 ha)
61 ac (25 ha)
61 ac (25 ha).
Unit 3: Central Orange County
3. Aliso Canyon
0 ac (0 ha)
0 ac (0 ha)
0 ac (0 ha)
11 ac (4 ha)
11 ac (4 ha).
Unit 4: Southern Orange County
4b. Caspers Wilderness Park
0 ac (0 ha)
0 ac (0 ha)
0 ac (0 ha)
12 ac (5 ha)
12 ac (5 ha).
4c. Cañada Gobernadora/Chiquita Ridgeline
0 ac (0 ha)
0 ac (0 ha)
0 ac (0 ha)
133 ac (54 ha)
133 ac (54 ha).
4g. Cristianitos Canyon
0 ac (0 ha)
0 ac (0 ha)
0 ac (0 ha)
587ac (238 ha)
587ac (238 ha).
Unit 5: Northern San Diego County
5b. Devil Canyon
266 ac (108 ha)
0 ac (0 ha)
0 ac (0 ha)
8 ac (3 ha)
274 ac (111ha).
Unit 6: Oceanside
6a. Alta Creek
0 ac (0 ha)
0 ac (0 ha)
0 ac (0 ha)
72 ac (29 ha)
72 ac (29 ha).
6b. Mesa Drive
0 ac (0 ha)
0 ac (0 ha)
0 ac (0 ha)
17 ac (7 ha)
17 ac (7 ha).
6c. Mission View/Sierra Ridge
0 ac (0 ha)
0 ac (0 ha)
0 ac (0 ha)
12 ac (5 ha)
12 ac (5 ha).
6d. Taylor/Darwin
0 ac (0 ha)
0 ac (0 ha)
0 ac (0 ha)
35 ac (14 ha)
35 ac (14 ha).
6e. Arbor Creek/Colucci
0 ac (0 ha)
0 ac (0 ha)
0 ac (0 ha)
94 ac (38 ha)
94 ac (38 ha).
Unit 7: Carlsbad
7a. Letterbox Canyon
0 ac (0 ha)
1 ac (<1 ha)
0 ac (0 ha)
41 ac (17 ha)
43 ac (17 ha).
7b. Rancho Carrillo
0 ac (0 ha)
0 ac (0 ha)
0 ac (0 ha)
37 ac (15 ha)
37 ac (15 ha).
7c. Calavera Hills Village H
0 ac (0 ha)
0 ac (0 ha)
0 ac (0 ha)
26 ac (11 ha)
26 ac (11 ha).
Unit 8: San Marcos and Vista
8b. Rancho Santalina/Loma Alta
0 ac (0 ha)
0 ac (0 ha)
0 ac (0 ha)
47 ac (19 ha)
47 ac (19 ha).
8d. Upham
0 ac (0 ha)
0 ac (0 ha)
0 ac (0 ha)
54 ac (22 ha)
54 ac (22 ha).
8f. Oleander/San Marcos Elementary
0 ac (0 ha)
0 ac (0 ha)
0 ac (0 ha)
7 ac (3 ha)
7 ac (3 ha).
Unit 11: Western Riverside County
11a. San Jacinto Wildlife Area
0 ac (0 ha)
366 ac (148 ha)
17 ac (7 ha)
18 ac (7 ha)
401 ac (162 ha).
11b. San Jacinto Avenue/Dawson Road
0 ac (0 ha)
0 ac (0 ha)
0 ac (0 ha)
117 ac (47 ha)
117 ac (47 ha).
11c. Case Road
0 ac (0 ha)
0 ac (0 ha)
11 ac (5 ha)
169 ac (68 ha)
180 ac (73 ha).
11d. Railroad Canyon
53 ac (21 ha)
0 ac (0 ha)
1 ac (<1 ha)
204 ac (83 ha)
257 ac (104 ha).
11e. Upper Salt Creek (Stowe Pool)
0 ac (0 ha)
0 ac (0 ha)
0 ac (0 ha)
145 ac (59 ha)
145 ac (59 ha).
11f. Santa Rosa Plateau—Mesa de Colorado
0 ac (0 ha)
0 ac (0 ha)
5 ac (2 ha)
8 ac (3 ha)
13 ac (5 ha).
Unit 12: Central San Diego County
12. Artesian Trails
0 ac (0 ha)
0 ac (0 ha)
7 ac (3 ha)
98 ac (40 ha)
105 ac (43 ha).
Total**
332 ac (134 ha)
367 ac (148 ha)
41 ac (17 ha)
2,205 ac (894 ha)
2,947 ac (1,193 ha).
* 1,531 ac (620 ha) of federally owned land on MCB Camp Pendleton is exempt from this revised critical habitat (
see
Exemptions Under Section 4(a)(3) of the Act section).
** Values in this table and the following text may not sum due to rounding.
Presented below are brief descriptions of all subunits and reasons why they meet the definition of critical habitat for
Brodiaea filifolia.
The subunits are listed in order geographically north to south and west to east.
Unit 1: Los Angeles County
Unit 1 is located in Los Angeles County, and consists of two subunits totaling 206 ac (83 ha). This unit contains 13 ac (5 ha) of federally owned land and 192 ac (78 ha) of private land.
Subunit 1a: Glendora
Subunit 1a consists of 67 ac (27 ha) of private land in the City of Glendora, in the foothills of the San Gabriel Mountains in Los Angeles County. Lands within this subunit contain Cieneba-Exchequer-Sobrante soils, a type of silty loam, and consist primarily of northern mixed chaparral and coastal sage scrub habitat. Subunit 1a contains the physical and biological features essential to the conservation of
Brodiaea filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including sandy loam soils (PCE 1E) and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); (2) supports a rare or unique occurrence, representing one of two occurrences located in the foothills of the San Gabriel Mountains which are part of the Transverse Ranges where the species was historically found, and is also significant because it is the northernmost occurrence known; and (3) supports a stable, persistent occurrence of approximately 2,000 plants. 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 invasive plants. The site is protected from development and is owned by the Glendora Community Conservancy (GCC). The GCC has expressed interest in creating a management plan for their land; however, a comprehensive management plan that would specifically address the control of nonnative plants has not been completed at this time.
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Subunit 1b: San Dimas
Subunit 1b consists of 13 ac (5 ha) of Federal land (Angeles National Forest) and 125 ac (51 ha) of private land near the City of San Dimas in the foothills of the San Gabriel Mountains in Los Angeles County. Lands within this subunit contain Cieneba-Exchequer-Sobrante soils, a type of silty loam, and consist primarily of northern mixed chaparral and coastal sage scrub habitat. Subunit 1b contains the physical and biological features essential to the conservation of
Brodiaea filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including sandy loam soils (PCE 1E) and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); (2) supports a rare or unique occurrence, representing one of two occurrences located in the foothills of the San Gabriel Mountains which are part of the Transverse Ranges where the species was historically found, and represents the only likely genetic connection to plants in the Glendora subunit; and (3) supports two significant populations totaling about 6,000 individuals of
B. filifolia,
as documented in 1990 (CNDDB 2009, p. 37). Several proposals for development of this area have been reviewed by the City of Glendora (D. Walter, Senior Planner City of Glendora pers. comm. to G. Wallace, Service 2005). Additionally, illegal grading has occurred on the northern portion of this subunit (grading was halted by the City of Glendora). 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 urban development on private lands, including minimizing disturbance to the surface and subsurface structure, and to maintain pollinator habitat.
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Unit 2: San Bernardino County—Arrowhead Hot Springs
Unit 2 is located in San Bernardino County, California, and consists of 61 ac (25 ha) of private land at the southwestern base of the San Bernardino Mountains. This unit was not included in the 2005 final critical habitat designation, but is included in this rule based on new information related to the distribution of
Brodiaea filifolia.
Lands within this unit contain Cieneba-rock outcrop complex and Ramona family-Typic Xerothents soils altered by hydrothermal activity, some of which are considered alluvial, and consist primarily of coastal sage scrub habitat. Unit 2 contains the physical and biological features essential to the conservation of
B. filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including soils altered by hydrothermal activity (PCE 1B) and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); (2) supports a rare or unique occurrence, representing the only occurrence of this plant in the foothills of the San Bernardino Mountains part of the Transverse Ranges where the species was historically found, and representing the type locality for
B. filifolia
(Niehaus 1971, p. 57; CNDDB 2009, p. 7); and (3) supports a stable, persistent occurrence. 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 invasive plants.
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Unit 3: Central Orange County—Aliso Canyon
Unit 3 is located in central Orange County, California, and consists of 11 ac (4 ha) of private land in the City of Laguna Niguel, southwestern Orange County. These totals do not include 102 ac (42 ha) of land in Unit 3 that we are exercising our delegated discretion to exclude from this revised designation under section 4(b)(2) of the Act (
see
the Exclusions under Section 4(b)(2) of the Act section of this rule). This unit was not included in the 2005 final critical habitat designation, but is included in this rule based on new information related to the distribution of
Brodiaea filifolia.
Lands within this unit contain clay loam or other types of loam and consist of annual and needlegrass grassland. Unit 3 contains the physical and biological features essential to the conservation of
B. filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including loamy soils underlain by a clay subsoil (PCE 1A) and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); and (2) supports an occurrence of at least 5,000 individuals of
B. filifolia,
as documented in 2001 (CNDDB 2009, p. 51). 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 fuel management activities (annual mowing) and pipeline work.
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Unit 4: Southern Orange County
Unit 4 is located in southern Orange County, California, and consists of 3 subunits totaling 732 ac (297 ha) of private land. These totals do not include portions of Subunit 4b (192 ac (78 ha)) that we are exercising our delegated discretion to exclude from this revised designation under section 4(b)(2) of the Act (
see
the Exclusions under Section 4(b)(2) of the Act section of this rule). Subunits 4a, 4d, 4e, 4f, 4h, and 4i as proposed in the December 8, 2004, rule (69 FR 71283) did not meet the definition of critical habitat and were not proposed for revised designation.
Subunit 4b: Wilderness Park
Subunit 4b consists of 12 ac (5 ha) of private land in the City of San Juan Capistrano and the Audubon California Starr Ranch Sanctuary, in the southwestern region of the Santa Ana Mountains, southern Orange County. Lands within this subunit contain clay loam, sandy loam, or rocky outcrop, and consist primarily of grassland and sagebrush-buckwheat scrub habitat. Subunit 4b contains the physical and biological features essential to the conservation of
Brodiaea filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including clay soils and loamy soils underlain by a clay subsoil (PCE 1A), and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); and (2) supports a stable, persistent occurrence. This subunit is located in the foothills of the Santa Ana Mountains and represents the highest elevation and northernmost occurrence in Orange County. 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 invasive plants.
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Subunit 4c: Cañada Gobernadora/Chiquita Ridgeline
Subunit 4c consists of 133 ac (54 ha) of private land in and around Cañada Gobernadora on Rancho Mission Viejo in southern Orange County. Lands within this subunit contain clay, clay loam, or sandy loam and consist primarily of dry-land agriculture and sagebrush-buckwheat scrub habitat. Subunit 4c contains the physical and biological features essential to the conservation of
Brodiaea filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including clay soils and loamy soils underlain by a clay subsoil (PCE 1A), and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); and (2) supports a stable, persistent occurrence. 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 the indirect effects associated with urban development.
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Subunit 4g: Cristianitos Canyon
Subunit 4g consists of 587 ac (238 ha) of privately owned land in Cristianitos Canyon on Rancho Mission Viejo in southern Orange County. Lands within this subunit are underlain by clay and sandy loam soils and consist primarily of annual grassland and needlegrass grassland. Subunit 4g contains the physical and biological features essential to the conservation of
Brodiaea filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including clay soils and loamy soils underlain by a clay subsoil (PCE 1A), and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); (2) supports an occurrence in rare and unique habitat, representing one of the few places where this species occurs in needlegrass grassland in Orange County; and (3) supports an occurrence of at least 6,505 individuals of
B. filifolia,
as documented in 2003 (Dudek & Associates, Inc. 2006, Chapter 3 pp. 73-74, 83; Service 2007, pp. 149-150). 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 the indirect effects associated with urban development.
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Unit 5: Northern San Diego County
Unit 5 is located in northern San Diego County, and consists of one subunit totaling 274 ac (111 ha). This unit contains 266 ac (108 ha) of Federal Government land and 8 ac (3 ha) of private land. This unit is located entirely within the boundary of the CNF. Subunit 5a as proposed in the December 8, 2004, rule (69 FR 71283) did not meet the definition of critical habitat and was not proposed for revised designation.
Subunit 5b: Devil Canyon
Subunit 5b consists of 266 ac (108 ha) of Federal land (CNF) and 8 ac (3 ha) of private land in northern San Diego County. Hybrids between
Brodiaea filifolia
and
B. orcuttii
have been reported from the Devil Canyon site, however, we believe
B. filifolia
occurs in sufficient numbers in this area to meet the criteria for critical habitat designation (
see
the Special Management Considerations or Protection section of this rule for a discussion of
Brodiaea
hybridization). Lands within this subunit contain Cieneba Very Rocky Coarse Sandy Loam, Fallbrook Sandy Loam, and Cieneba Coarse Sandy Loam soils and
consist primarily of chaparral and oak woodland vegetation. Subunit 5b contains the physical and biological features essential to the conservation of
Brodiaea filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including sandy loam soils (PCE 1E) and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); (2) supports an occurrence in rare and unique habitat, representing one of the few places where this species occurs in a drainage in oak woodland habitat and occurring in unusual seeps and drainages on low granitic outcrops; and (3) supports a stable, persistent occurrence. The CNF does not currently have a management plan specific to
B. filifolia.
The 2005 critical habitat rule for
B. filifolia
and the 2009 proposed revised critical habitat rule erroneously stated that grazing occurs in this area; this area is in fact not subjected to cattle grazing (Winter 2004, pers. comm.). 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 invasive plants. Please see the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Unit 6: Oceanside, San Diego County
Unit 6 is located in Oceanside, San Diego County, California, and consists of five subunits totaling 230 ac (93 ha) of private land.
Subunit 6a: Alta Creek
Subunit 6a consists of 72 ac (29 ha) of private land in the City of Oceanside, in northern coastal San Diego County. This subunit was not included in the 2005 final critical habitat designation, but is included in this rule based on new information related to the distribution of
Brodiaea filifolia.
Lands within this subunit contain fine sandy loam, loam, or loamy fine sand and consist primarily of coastal sage scrub habitat. Subunit 6a contains the physical and biological features essential to the conservation of
B. filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including loamy soils underlain by a clay subsoil (PCE 1A) and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); and (2) supports a stable, persistent occurrence of at least 1,500 individuals of
B. filifolia
(Affinis 2005, pp. 1-3; AMEC 2005 pp. 3-18). 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 the indirect effects associated with urban development.
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Subunit 6b: Mesa Drive
Subunit 6b consists of 17 ac (7 ha) of private land in the City of Oceanside, in northern coastal San Diego County. Lands within this subunit contain loamy fine sands and consist primarily of grassland habitat. Subunit 6b contains the physical and biological features essential to the conservation of
Brodiaea filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including loamy soils underlain by a clay subsoil (PCE 1A) and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); and (2) supports a stable, persistent occurrence of at least 1,500 individuals of
B. filifolia
(Roberts 2005a, pp.1-2). 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 the indirect effects associated with urban development and habitat disturbance on local government lands (Roberts 2005, pp. 1-3).
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Subunit 6c: Mission View/Sierra Ridge
Subunit 6c consists of 12 ac (5 ha) of private land in the City of Oceanside, in northern coastal San Diego County. This subunit was not included in the 2005 final critical habitat designation, but is included in this rule based on new information related to the distribution of
Brodiaea filifolia.
Lands within this subunit contain fine loamy sands and consist primarily of coastal sage scrub habitat. Subunit 6c contains the physical and biological features essential to the conservation of
B. filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including loamy soils underlain by a clay subsoil (PCE 1A) and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); and (2) supports a stable, persistent occurrence of at least 1,300 individuals of
B. filifolia
(Roberts 2005b, p. 1). 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 the indirect effects associated with urban development.
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Subunit 6d: Taylor/Darwin
Subunit 6d consists of 35 ac (14 ha) of private land in the City of Oceanside, in northern coastal San Diego County. Lands within this subunit contain clay soil and fine loamy sands and consist primarily of annual and needlegrass grassland. Subunit 6d contains the physical and biological features essential to the conservation of
Brodiaea filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including loamy soils underlain by a clay subsoil (PCE 1A) and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); and (2) supports an occurrence of at least 6,200 individuals of
B. filifolia,
as documented in 2005 (CNDDB 2009, p. 38). 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 invasive plants.
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Subunit 6e: Arbor Creek/Colucci
Subunit 6e consists of 94 ac (38 ha) of private land in the City of Oceanside, in northern coastal San Diego County. This subunit was not included in the 2005 final critical habitat designation but is included in this rule based on new information related to the distribution of
Brodiaea filifolia.
Lands within this subunit contain clay soil and fine loamy sands and consist primarily of annual and needlegrass grassland. Subunit 6e contains the physical and biological features essential to the conservation of
B. filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including loamy soils underlain by a clay subsoil (PCE 1A) and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2);
and (2) supports a stable, persistent occurrence; and (3) consists primarily of annual and needlegrass grassland and occurs in the largest continuous block of grassland habitat remaining in the City of Oceanside. 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 invasive plants and urban development.
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Unit 7: Carlsbad, San Diego County
Unit 7 is located in Carlsbad, San Diego County, California, and consists of three subunits totaling 105 ac (43 ha). This unit contains 1 ac (<1 ha) of State land and 104 ac (43 ha) of private land. These totals do not include Subunit 7d (98 ac (40 ha)) and portions of Subunit 7a (13 ac (5 ha)) and Subunit 7c (45 ac (18 ha)) that we are exercising our delegated discretion to exclude from this revised designation under section 4(b)(2) of the Act (
see
the Exclusions under Section 4(b)(2) of the Act section of this rule), or 2 ac (<1 ha) that were proposed as revised critical habitat but are not included in this final revised critical habitat designation because they do not support suitable habitat for the species.
Subunit 7a: Letterbox Canyon
Subunit 7a consists of 1 ac (<1 ha) of State land and 41 ac (17 ha) of private land in the City of Carlsbad, in northern coastal San Diego County, California. Lands within this subunit contain heavy clay soils and consist primarily of annual grassland. Subunit 7a contains the physical and biological features essential to the conservation of
B. filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including loamy soils underlain by a clay subsoil (PCE 1A) and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); and (2) supports an occurrence of at least 39,500 individuals of
B. filifolia,
as documented in 2005 (CNDDB 2009, p. 15). 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 the indirect effects associated with urban development.
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Subunit 7b: Rancho Carrillo
Subunit 7b consists of 37 ac (15 ha) of private land in the City of Carlsbad, in northern coastal San Diego County, California. This subunit was not included in the 2005 final critical habitat designation, but is included in this rule based on new information related to the distribution of
Brodiaea filifolia.
Lands within this subunit contain clay or sandy loam soils and consist primarily of annual grasslands and coastal sage scrub habitat. Subunit 7b contains the physical and biological features essential to the conservation of
B. filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including loamy soils underlain by a clay subsoil (PCE 1A) and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); and (2) supports an occurrence of at least 797,000 individuals of
B. filifolia,
as documented in 2005 (this estimate was of vegetative plants and not flowering plants) (Scheidt and Allen 2005, p. 1). 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 the indirect effects associated with urban development and nonnative invasive plants.
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Subunit 7c: Calavera Hills Village H
Subunit 7c consists of 26 ac (11 ha) of private land in the City of Carlsbad, in northern coastal San Diego County. Lands within this subunit contain clay soil and consist primarily of annual and needlegrass grassland. Subunit 7c contains the physical and biological features essential to the conservation of
Brodiaea filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including loamy soils underlain by a clay subsoil (PCE 1A) and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); and (2) supports a stable, persistent occurrence of at least 2,243 plants, as documented in 2008 (McConnell 2008, p. 9). 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 invasive plants.
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Unit 8: San Marcos, San Diego County
Unit 8 is located in San Marcos, northern San Diego County, California, and consists of three subunits totaling 108 ac (44 ha) of private land. Subunits 8a, 8c, and 8e as proposed in the December 8, 2004, rule (69 FR 71283) did not meet the definition of critical habitat and were not proposed for revised designation.
Subunit 8b: Rancho Santalina/Loma Alta
Subunit 8b consists of 47 ac (19 ha) of private land in the City of San Marcos, northern San Diego County, California. This subunit was not included in the 2005 final critical habitat designation, but is included in this rule based on new information related to the distribution of
Brodiaea filifolia.
Lands within this subunit contain clay, loam, or loamy fine sand soils and consist primarily of annual and needlegrass grassland. Subunit 8b contains the physical and biological features essential to the conservation of
B. filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including loamy soils underlain by a clay subsoil (PCE 1A) and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); and (2) supports an occurrence of at least 5,552 individuals of
B. filifolia,
as documented in 2000, and approximately 12,000
B. filifolia
corms were transplanted to the area in 2004 (CNDDB 2009, p. 10). 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 the indirect effects associated with urban development, unauthorized recreational activities, and nonnative invasive plants.
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Subunit 8d: Upham
Subunit 8d consists of 54 ac (22 ha) of private land in the City of San Marcos, northern San Diego County. Hybrids between
Brodiaea filifolia
and
B. orcuttii
have been reported from the Upham site (Chester
et al.
2007, p. 188),
however, based on the best scientific information available to us at this time, we believe
B. filifolia
occurs in sufficient numbers in this area to meet the criteria for critical habitat designation (
see
the Special Management Considerations or Protection section of this rule for a discussion of
Brodiaea
hybridization). Lands within this subunit contain clay soils and consist primarily of annual and needlegrass grassland and vernal pool habitat. Subunit 8d contains the physical and biological features essential to the conservation of
Brodiaea filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including loamy soils underlain by a clay subsoil (PCE 1A) and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); (2) supports a rare or unique occurrence, representing one of three occurrences that are associated with vernal pool habitat; and (3) supports an occurrence of at least 342,000 individuals of
B. filifolia,
as documented in 1993 (CNDDB 2009, p. 9). 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 the indirect effects associated with urban development, unauthorized recreational activities, and nonnative invasive plants.
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Subunit 8f: Oleander/San Marcos Elementary
Subunit 8f consists of 7 ac (3 ha) of land owned by the San Marcos Unified School District near the City of San Marcos, in northern San Diego County. This subunit was not included in the 2005 final critical habitat designation, but is included in this rule based on new information related to the distribution of
Brodiaea filifolia.
Lands within this subunit contain clay, loam, or loamy fine sand soils and consist primarily of annual grassland. Unit 8f contains the physical and biological features essential to the conservation of
B. filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including loamy soils underlain by a clay subsoil (PCE 1A) and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); and (2) supports an occurrence of at least 3,211 individuals of
B. filifolia,
as documented in 2005 (Dudek and Associates, Inc. 2007, p.9). 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 invasive plants.
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Unit 11: Western Riverside County
Unit 11 is located in western Riverside County, California, and consists of 6 subunits totaling 1,113 ac (450 ha). This unit contains 53 ac (21 ha) of Federal land, 366 ac (148 ha) of State land, 33 ac (13 ha) of local government land, and 661 ac (267 ha) of private land. These totals do not include Subunits 11g (117 ac (47 ha)), 11h (44 ac (18 ha)) and portions of Subunit 11f (221 ac (89 ha)) that we are exercising our delegated discretion to exclude from this revised designation under section 4(b)(2) of the Act (
see
the Exclusions under Section 4(b)(2) of the Act section of this rule).
Subunit 11a: San Jacinto Wildlife Area
Subunit 11a consists of 366 ac (148 ha) of State land (California Department of Fish and Game (CDFG)), 17 ac (7 ha) of local government land, and 18 ac (7 ha) of private land at the San Jacinto Wildlife Area, in western Riverside County. Lands within this subunit contain Willows silty clay, Waukena loam and Waukena fine sandy loam, Traver fine sandy loam and Traver loamy fine sand, and Hanford coarse sandy loam soils and consist primarily of annual grassland, alkali scrub habitat, and alkali playa habitat. Subunit 11a contains the physical and biological features essential to the conservation of
Brodiaea filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including silty loam soils underlain by a clay subsoil or caliche that are generally poorly drained and moderately to strongly alkaline (PCE 1C) and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); (2) supports a rare or unique occurrence, representing one of four occurrences associated with alkali playa habitat; and (3) supports a stable, persistent occurrence. 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 invasive plants and construction of new roads or improvements to existing roadways (Service 2004b, pp. 137-189).
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Subunit 11b: San Jacinto Avenue/Dawson Road
Subunit 11b consists of 117 ac (47 ha) of private land near San Jacinto Avenue and Dawson Road, in western Riverside County. Lands within this subunit contain Willows silty clay and Domino silt loam soils and consist primarily of annual grassland, alkali scrub habitat, and alkali playa habitat. Subunit 11b contains the physical and biological features essential to the conservation of
Brodiaea filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including silty loam soils underlain by a clay subsoil or caliche that are generally poorly drained and moderately to strongly alkaline (PCE 1C) and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); and (2) supports a rare or unique occurrence, representing one of four occurrences that are associated with alkali playa habitat. 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 discing, grazing, manure dumping, and nonnative invasive plants (CNDDB 2009, p. 60).
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Subunit 11c: Case Road
Subunit 11c consists of 11 ac (4 ha) of local government land and 169 ac (68 ha) of private land near the City of Perris, in western Riverside County. Lands within this subunit contain Willows silty clay and Domino silt loam soils and consist primarily of agricultural land, floodplain habitat, alkali scrub habitat, and alkali playa habitat. Subunit 11c contains the physical and biological features essential to the conservation of
Brodiaea filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including silty loam soils underlain by a clay subsoil or caliche that are generally poorly drained and moderately to strongly alkaline (PCE 1C) and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and
pollinator habitat (PCE 2); (2) supports a rare or unique occurrence, representing one of four occurrences that are associated with alkali playa habitat; and (3) supports an occurrence of at least 4,555 individuals of
B. filifolia,
as documented in 2000 (Glenn Lukos Associates, Inc. 2000a, Map of San Jacinto River Stage 3 Project Impacts Version 2 Alignment; Glenn Lukos Associates, Inc. 2000b, pp. 17-18; CNDDB 2009, p. 2). 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 OHV activity, encroaching urban development, manure dumping, and nonnative invasive plants.
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Subunit 11d: Railroad Canyon
Subunit 11d consists of 53 ac (21 ha) of Federal land owned by the Bureau of Land Management, 1 ac (<1 ha) of local government land, and 204 ac (83 ha) of private land north of Kabian County Park and southwest of the City of Perris, in western Riverside County. Lands within this subunit contain Lodo rocky loam, Garretson gravelly very fine sandy loam and Garretson very fine sandy loam, Escondido fine sandy loam, and Grangeville fine sandy loam soils and consist primarily of annual grassland. Subunit 11d contains the physical and biological features essential to the conservation of
Brodiaea filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including silty loam soils underlain by a clay subsoil or caliche that are generally poorly drained and moderately to strongly alkaline (PCE 1C) and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); and (2) supports an occurrence of at least 3,205 individuals of
B. filifolia,
as documented in 2000 (Glenn Lukos Associates 2000a, pp. 13, 24; CNDDB 2009, p. 23). The occurrence in Railroad Canyon is at risk from the San Jacinto River Flood Control Project. That project includes channelization of the river, which may result in changes in floodplain process essential to the species persistence in this subunit (Service 2004b, p. 382). 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 the indirect effects associated with urban development, river channelization for flood control, and nonnative invasive plants.
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Subunit 11e: Upper Salt Creek (Stowe Pool)
Subunit 11e consists of 145 ac (59 ha) of private land in the Upper Salt Creek drainage west of Hemet, in western Riverside County. Lands within this subunit contain Willows silty clay, Chino silt loam, Honcut loam, and Wyman loam and consist primarily of annual grassland, alkali scrub habitat, and alkali playa habitat. Subunit 11e contains the physical and biological features essential to the conservation of
Brodiaea filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including silty loam soils underlain by a clay subsoil or caliche that are generally poorly drained and moderately to strongly alkaline (PCE 1C), and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); and (2) supports a rare or unique occurrence, representing one of three occurrences that are associated with vernal pool habitat. This subunit is crossed by roadways that, if altered (widened or realigned), could change the topography and thereby negatively affect the hydrologic integrity of the pool complexes and favor the growth of nonnative invasive plant species (CNDDB 2009, p. 24; Service 2004b, p. 382). 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 invasive plants (such as
Hordeum marinum
subsp.
gussoneanum
) and transportation projects.
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Subunit 11f: Santa Rosa Plateau—Mesa de Colorado
Subunit 11f consists of 5 ac (2 ha) of local government land and 8 ac (3 ha) of private land in southwestern Riverside County. Lands within this subunit contain Murrieta stony clay loam, and Las Posas rocky loam and Las Posas loam soils and consist primarily of annual and needlegrass grassland and vernal pool habitat. Subunit 11f contains the physical and biological features essential to the conservation of
Brodiaea filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including clay loam soil series underlain by heavy clay loams or clays derived from olivine basalt lava flows that generally occur on mesas and gentle to moderate slopes (PCE 1D) and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); (2) supports a rare or unique occurrence, representing one of three occurrences that are associated with vernal pool habitat; and (3) supports an occurrence of at least 31,725 individuals of
B. filifolia,
as documented in 1990 (CNDDB 2009, p. 5). 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 the indirect effects associated with urban development and nonnative invasive plants.
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
habitat and potential management considerations.
Unit 12: Central San Diego County—Artesian Trails
Unit 12 is located in central San Diego County, California, and consists of 105 ac (43 ha). This unit contains 7 ac (3 ha) of local government land and 98 ac (40 ha) of private land. These totals do not include 4 ac (2 ha) of land in Unit 12 that we are exercising our delegated discretion to exclude from this revised designation under section 4(b)(2) of the Act (
see
the Exclusions under Section 4(b)(2) of the Act section of this rule). This unit was not included in the 2005 final critical habitat designation, but is included in this rule based on new information related to the distribution of
Brodiaea filifolia.
Lands within this subunit contain fine loamy sands and consist primarily of coastal sage scrub habitat and annual grassland. Unit 12 contains physical and biological features that are essential to the conservation of
B. filifolia
because it: (1) Contains the PCEs for
B. filifolia,
including loamy soils underlain by a clay subsoil (PCE 1A) and areas with a natural, generally intact surface and subsurface soil structure that support
B. filifolia
and pollinator habitat (PCE 2); and (2) supports a stable, persistent occurrence. 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 the indirect effects associated with urban development and nonnative invasive plants.
Please see
the Special Management Considerations or Protection section of this rule for a discussion of the threats to
B. filifolia
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 5th and 9th Circuit Courts of Appeals have invalidated our definition of “destruction or adverse modification” (50 CFR 402.02) (
see Gifford Pinchot Task Force
v.
U.S. Fish and Wildlife Service,
378 F. 3d 1059 (9th Cir 2004) and
Sierra Club
v.
U.S. Fish and Wildlife Service et al.,
245 F.3d 434, 442F (5th Cir 2001)), and we do not rely on this regulatory definition when analyzing whether an action is likely to destroy or adversely modify critical habitat. Under the statutory provisions of the Act, we determine destruction or adverse modification on the basis of whether, with implementation of the Federal action, the affected critical habitat would remain functional (or retain the current ability for the PCEs to be functionally established) to serve its intended conservation role for the species (Service 2004c, p. 3).
Section 7(a)(2) of the Act requires Federal agencies to ensure that activities they authorize, fund, or carry out are not likely to jeopardize the continued existence of such a species or to destroy or adversely modify its critical habitat. If a Federal action may affect a listed species or its critical habitat, the responsible Federal agency (action agency) must enter into consultation with us in most cases. 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.
An exception to the concurrence process referred to in (1) above occurs in consultations involving National Fire Plan projects. In 2004, the U.S. Forest Service (USFS) and the U.S. Bureau of Land Management (BLM) reached agreements with the Service to streamline a portion of the section 7 consultation process (BLM-ACA 2004, pp. 1-8; FS-ACA 2004, pp. 1-8). The agreements allow the USFS and the BLM the opportunity to make “not likely to adversely affect” (NLAA) determinations for projects implementing the National Fire Plan. Such projects include prescribed fire, mechanical fuels treatments (thinning and removal of fuels to prescribed objectives), emergency stabilization, burned area rehabilitation, road maintenance and operation activities, ecosystem restoration, and culvert replacement actions. The USFS and the BLM must ensure staff are properly trained, and both agencies must submit monitoring reports to the Service to determine if the procedures are being implemented properly and that effects on endangered species and their habitats are being properly evaluated. As a result, we do not believe the alternative consultation processes being implemented as a result of the National Fire Plan will differ significantly from those consultations being conducted by the Service.
If 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 its critical habitat.
Reasonable and prudent alternatives can vary from slight project modifications to extensive redesign or relocation of the project. Costs associated with implementing a reasonable and prudent alternative are similarly variable.
Regulations at 50 CFR 402.16 require Federal agencies to reinitiate consultation on previously reviewed actions in instances where we have listed a new species or subsequently designated critical habitat that may be affected and the Federal agency has retained discretionary involvement or control over the action (or the agency's discretionary involvement or control is authorized by law). Consequently, Federal agencies may sometimes need to request reinitiation of consultation with us on actions for which formal consultation has been completed, if those actions with discretionary involvement or control may affect subsequently listed species or designated critical habitat.
Federal activities that may affect
Brodiaea filifolia
or its designated critical habitat will require section 7 consultation under the Act. Activities on State, tribal, local, or private lands requiring a Federal permit (such as a permit from the U.S. Army Corps of Engineers under section 404 of the Clean Water Act (33 U.S.C. 1251
et seq.
) or a permit under section 10 of the Act from the Service) or involving some other Federal action (such as funding from the Federal Highway Administration, Federal Aviation Administration, or the Federal Emergency Management Agency) will also be subject to the section 7 consultation process. Federal actions not affecting listed species or critical habitat, and actions on State, tribal, local, or private lands that are not federally funded, authorized, or permitted, do not require section 7 consultations.
Application of the “Adverse Modification” Standard
The key factor related to the adverse modification determination is whether, with implementation of the proposed Federal action, the affected critical habitat would continue to serve its intended conservation role for the species, or would retain its current ability for the primary constituent elements to be functionally established. 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
Brodiaea filifolia.
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. Generally, the conservation role of the
B. filifolia
critical habitat units is to support viable occurrences in appropriate 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 those 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 adversely affect critical habitat and, therefore, should result in consultation for
Brodiaea filifolia
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 result in ground disturbance. Such activities could include (but are not limited to) residential or commercial development, OHV activity, pipeline construction, new road construction or widening, existing road maintenance, manure dumping, and grazing. These activities potentially impact the habitat and PCEs of
Brodiaea filifolia
by damaging, disturbing, and altering soil composition through direct impacts, increased erosion, and increased nutrient content. Additionally, changes in soil composition may lead to changes in the vegetation composition, thereby changing the overall habitat type.
(2) Actions that result in alteration of the hydrological regimes typically associated with
Brodiaea filifolia
habitat. Such activities could include residential or commercial development, OHV activity, pipeline construction, new road construction or widening, existing road maintenance, and channelization of drainages. These activities could alter surface layers and the hydrological regime in a manner that promotes loss of soil matrix components and moisture necessary to support the growth and reproduction of
B. filifolia.
(3) Actions that would disturb the existing vegetation communities adjacent to
Brodiaea filifolia
habitat prior to annual pollination and seed set (reproduction). Such activities could include (but are not limited to) grazing, mowing, grading, or discing habitat in the spring and early summer months. These activities could alter the habitat for pollinators leading to potential decreased pollination and reproduction.
(4) Road construction and maintenance, right-of-way designation, and agricultural activities, or any activity funded or carried out, permitted, or regulated by the Department of Transportation or Department of Agriculture that could result in excavation, or mechanized land clearing of
Brodiaea filifolia
habitat. These activities could alter the habitat in such a way that soil, seeds, and corms of
B. filifolia
are removed and which permanently alter the habitat or the species' presence.
(5) Licensing or construction of communication sites by the Federal Communications Commission or funding of construction or development activities by the U.S. Department of Housing and Urban Development that could result in excavation, or mechanized land clearing of
Brodiaea filifolia
habitat. These activities could alter the habitat in such a way that soil, seeds, and corms of
B. filifolia
are removed and that permanently alter the habitat or the species' presence.
Exemptions Under Section 4(a)(3) of the Act
The National Defense Authorization Act for Fiscal Year 2004 (Pub. L. 108-136) amended the Act to limit areas eligible for designation as critical habitat. Specifically, section 4(a)(3)(B)(i) of the Act (16 U.S.C. 1533(a)(3)(B)(i)) now provides: “The Secretary shall not designate as critical habitat any lands or other geographical areas owned or controlled by the Department of Defense, or designated for its use, that are subject to an integrated natural resources management plan prepared under section 101 of the Sikes Act [Improvement Act of 1997 (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.”
The Sikes Act 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.
We consult with the military on the development and implementation of INRMPs for installations with federally listed species. Only one military installation with a Service-approved INRMP, MCB Camp Pendleton, is located within the range of
Brodiaea filifolia
and supports the physical and biological features essential to the conservation of the species. We analyzed MCB Camp Pendleton's INRMP to determine if the lands subject to the INRMP should be exempted under the authority of section 4(a)(3)(B) of the Act.
MCB Camp Pendleton has committed to work closely with us, CDFG, and California Department of Parks and Recreation to continually refine the existing INRMP as part of the Sikes Act's INRMP review process. Based on the considerations discussed below and in accordance with section 4(a)(3)(B)(i) of the Act, we determined that conservation efforts identified in the INRMP provide a benefit to
Brodiaea filifolia
occurring in habitats within or adjacent to MCB Camp Pendleton. Therefore, approximately 1,531 ac (620 ha) of habitat on MCB Camp Pendleton subject to the INRMP is exempt from critical habitat designation under section 4(a)(3) of the Act, and is not included in this final revised critical habitat designation.
In the previous final critical habitat designation for
Brodiaea filifolia,
we exempted lands determined to contain features essential to the conservation of species on MCB Camp Pendleton from the designation of critical habitat (70 FR 73820; December 13, 2005). We based this decision on the conservation benefits to
B. filifolia
identified in the INRMP developed by MCB Camp Pendleton in November 2001. A revised and updated INRMP was prepared by MCB Camp Pendleton in March 2007 (MCB Camp Pendleton 2007). We determined that conservation efforts identified in the INRMP provide a benefit to the populations of
B. filifolia
and this species' habitat occurring on MCB Camp Pendleton (MCB Camp Pendleton 2007, Section 4, pp. 51-76). The INRMP provides measures that promote the conservation of
B. filifolia
within the 1,531 ac (620 ha) of habitat that we determined contain the physical or biological features essential to the conservation of
B. filifolia
on MCB Camp Pendleton within the following areas: Cristianitos Canyon, Bravo One, Bravo Two South, Basilone/San Mateo Junction, Camp Horno, Pilgrim Creek, and South White Beach.
Measures included for
Brodiaea filifolia
in the MCB Camp Pendleton INRMP require ongoing efforts to survey and monitor the species, and provide this information to all necessary personnel through MCB Camp
Pendleton's GIS database on sensitive resources and in their published resource atlas. The updated INRMP includes the following conservation measures for
B. filifolia:
(1) Surveys and monitoring, studies, impact avoidance and minimization, and habitat restoration and enhancement;
(2) Species survey information stored in MCB Camp Pendleton's GIS database and recorded in a resource atlas that is published and updated on a semi-annual basis;
(3) Use of the resource atlas to plan operations and projects to avoid impacts to
B. filifolia
and to trigger section 7 consultation if an action may affect the species; and
(4) Transplantation when avoidance is not possible.
These measures are established and represent ongoing aspects of existing programs that provide a benefit to
B. filifolia.
MCB Camp Pendleton also has Base directives and Range and Training Regulations that are integral to their INRMP and provide benefits to
B. filifolia.
MCB Camp Pendleton implements Base Directives to avoid and minimize adverse effects to
B. filifolia,
such as: (1) Limit bivouac, command post, and field support activities such that they are no closer than 164 ft (50 m) to occupied habitat year round; (2) limit vehicle and equipment operations to existing road and trail networks year round; and (3) require environmental clearance prior to any soil excavation, filling, or grading. Finally, MCB Camp Pendleton contracted and funded surveys for
B. filifolia
in the summer of 2005 and the development of a GIS-based monitoring system that will provide improved management of natural resources on the installation, including for
B. filifolia.
Additionally, MCB Camp Pendleton's environmental security staff review projects and enforce existing regulations and orders that, through their implementation, avoid and minimize impacts to natural resources, including
Brodiaea filifolia
and its habitat. As a result, activities occurring on MCB Camp Pendleton are currently being conducted in a manner that minimizes impacts to
B. filifolia
habitat. Finally, MCB Camp Pendleton provides training to personnel on environmental awareness for sensitive resources on the Base, including
B. filifolia
and its habitat.
Based on MCB Camp Pendleton's Sikes Act program (including the management of
Brodiaea filifolia
), there is a high degree of certainty that MCB Camp Pendleton will continue to implement their INRMP in coordination with the Service and the CDFG in a manner that provides a benefit to
B. filifolia,
coupled with a high degree of certainty that the conservation efforts of their INRMP will be effective. Service biologists work closely with MCB Camp Pendleton on a variety of issues relating to endangered and threatened species, including
B. filifolia.
The management programs, Base Directives, and Range and Training Regulations that avoid and minimize impacts to
B. filifolia
are consistent with section 7 consultations with MCB Camp Pendleton. Therefore, the Secretary determined that the INRMP for MCB Camp Pendleton has and will continue to provide a benefit for
B. filifolia,
and lands subject to the INRMP for MCB Camp Pendleton containing the physical and biological features essential to the conservation of the species are exempt from critical habitat designation pursuant to section 4(a)(3) of the Act. As a result, we are not including approximately 1,531 ac (620 ha) of habitat for
B. filifolia
on MCP Camp Pendleton in this final revised critical habitat designation.
Exclusions Under 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 must consider the economic impact, national security impact, or any other relevant impact of specifying any particular area as critical habitat. 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.
We consider a number of factors in a section 4(b)(2) analysis. For example, we consider whether there are lands owned or managed by the Department of Defense (DOD) where a national security impact might exist. We also consider whether the landowners have developed any conservation plans for the area, or whether there are conservation partnerships that would be encouraged by designation of, or exclusion from, critical habitat. Additionally, we look at any tribal issues, and consider the government-to-government relationship of the United States with tribal entities. We also consider the economic impacts, environmental impacts, and social impacts that might occur because of the designation.
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.
In considering the benefits of including in a designation lands that are covered by a current HCP or other management plan, we evaluate a number of factors to help us determine if the plan provides equivalent or greater conservation benefit than would likely result from designation of critical habitat. 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.
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.
We may exercise our delegated discretion to exclude an area from critical habitat under section 4(b)(2) of the Act if we conclude that the benefits of exclusion of the area outweigh the benefits of its designation. We do not exclude areas based on the mere existence of management plans or other conservation measures. The existence of a plan may reduce the benefits of inclusion of an area in critical habitat to the extent the protections provided under the plan are redundant with conservation benefits of the critical habitat designation. In particular, we believe that the exclusion of lands may be justified when they are managed and conserved in perpetuity. Thus, in some cases the benefits of exclusion in the form of sustaining and encouraging partnerships that result in on the ground conservation of listed species may outweigh the incremental benefits of inclusion.
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
Brodiaea filifolia,
this revised critical habitat designation does not include any tribal lands or tribal trust resources. However, this revised critical habitat designation does include some lands covered by the Western Riverside County MSHCP, City and County of San Diego Subarea Plans under the MSCP, Orange County Central-Coastal NCCP/HCP, Orange County Southern Subregion HCP, and Carlsbad HMP under the MHCP. No additional HCPs or conservation plans covering
B. filifolia
were finalized since the proposed revised designation published in the
Federal Register
on December 8, 2009 (74 FR 64930).
Benefits of Excluding Lands With HCPs
The benefits of excluding lands with approved HCPs from critical habitat designation, such as HCPs that cover listed plant taxa, include relieving landowners, communities, and counties of any additional regulatory burden that might be imposed as a result of the critical habitat designation. Many HCPs take years to develop, and upon completion, are consistent with the recovery objectives for listed taxa that are covered by the plan. Many conservation plans also provide conservation benefits to unlisted sensitive species.
A related benefit of excluding lands covered by approved HCPs from critical habitat designation is the unhindered, continued ability it gives us to seek new partnerships with future plan participants, including States, counties, local jurisdictions, conservation organizations, and private landowners, which together can implement conservation actions that we would be unable to accomplish otherwise. Habitat Conservation Plans often cover a wide range of species, including listed plant species and species that are not State and federally listed and would otherwise receive little protection from development. By excluding these lands, we preserve our current partnerships and encourage additional conservation actions in the future.
We also note that permit issuance in association with HCP applications requires consultation under section 7(a)(2) of the Act, which would include the review of the effects of all HCP-covered activities that might adversely impact the species under a jeopardy standard, including possibly significant habitat modification (see definition of “harm” at 50 CFR 17.3), even without the critical habitat designation. In addition, all other Federal actions that may affect the listed species would still require consultation under section 7(a)(2) of the Act, and we would review these actions for possibly significant habitat modification in accordance with the definition of harm referenced above.
The information provided above applies to the following discussions of exclusions under section (4)(b)(2) of the Act.
Brodiaea filifolia
is covered under the Orange County Central-Coastal NCCP/HCP, Orange County Southern Subregion HCP, Carlsbad HMP under the MHCP, Western Riverside County MSHCP, and the City and County of San Diego Subarea Plans under the MSCP. Brief descriptions of each plan, and lands excluded from revised critical habitat covered by each plan, are described below. The areas where we determined the benefits of exclusion outweigh the benefits of inclusion are listed in Table 5. Additional details on these areas can be found in the proposed revised critical habitat rule 74 FR 64930 (December 8, 2009) and the NOA (75 FR 42054, dated July 20, 2010).
San Diego Multiple Species Conservation Plan (MSCP)—City of San Diego Subarea Plan
We analyzed the benefits of including lands covered by the City of San Diego Subarea Plan under the MSCP in the final revised critical habitat designation and the benefits of excluding those lands from the designation. The plan has established valuable partnerships that are intended to implement conservation actions for
Brodiaea filifolia.
However, in conducting our evaluation of the conservation benefits to
B. filifolia
and its proposed revised critical habitat that have resulted to date from these partnerships, we did not conclude that the benefits of excluding portions of Unit 12 under the City of San Diego MSCP Subarea Plan from revised critical habitat outweighs the benefits of inclusion. Therefore, we are not exercising our delegated discretion to exclude any of the 7 ac (3 ha) within the City of San Diego Subarea Plan from this final revised critical habitat designation.
Table 5—Areas Excluded From Brodiaea filifolia Final Revised Critical Habitat Designation Under Section 4(
b
)(2) of the Act
HCP or management plan and associated subunit
Area excluded
(acres/hectares) *
Aliso and Wood Canyons Wilderness Park Resource Management Plan (Orange County Central-Coastal NCCP/HCP)
Unit 3. Central Orange County—Aliso Canyon
102 ac (42 ha).
Orange County Southern Subregion HCP
Subunit 4b. Caspers Wilderness Park
192 ac (78 ha).
Carlsbad HMP Under the San Diego MHCP
Subunit 7a. Letterbox Canyon
13 ac (5 ha).
Subunit 7c. Calavera Hills Village H
45 ac (18 ha).
Subunit 7d. Villages of La Costa (Rancho La Costa)
98 ac (40 ha).
Subtotal Carlsbad HMP under the San Diego MHCP
156 ac (63 ha)
.
Western Riverside County MSHCP
Subunit 11f. Santa Rosa Plateau—Mesa de Colorado
221 ac (89 ha).
Subunit 11g. Santa Rosa Plateau—South of Tenaja Road
117 ac (47 ha).
Subunit 11h. Santa Rosa Plateau—North of Tenaja Road
44 ac (18 ha).
Subtotal for Western Riverside County MSHCP
381 ac (154 ha)
.
County of San Diego Subarea Plan Under the San Diego MSCP
Unit 12. Central San Diego County—Artesian Trails
4 ac (2 ha).
Total
837 ac (339 ha).
* Values in this table may not sum due to rounding.
Aliso and Wood Canyons Wilderness Park Resource Management Plan (AWCWP Resource Management Plan), Orange County Central-Coastal NCCP/HCP
We determined that approximately 113 ac (46 ha) in Unit 3 meet the definition of critical habitat under the Act. Of this area, 102 ac (42 ha) are covered by the Aliso and Wood Canyons Wilderness Park Resource Management Plan (AWCWP Resource Management Plan), and, for the reasons discussed in the following sections, we are exercising our delegated discretion to exclude these lands from this final revised critical habitat designation pursuant to section 4(b)(2) of the Act. In making our final decision with regard to these lands, we considered several factors including our relationship with stakeholders, existing consultations, beneficial conservation measures that are in place on these lands (including preservation and long-term management), and impacts to current and future partnerships. As described in our section 4(b)(2) analysis below, we reached the determination to exclude these lands in consideration of the benefits of exclusion balanced against the benefits of inclusion in the final revised critical habitat designation.
The AWCWP is a preserve area that covers approximately 3,873 ac (1,567 ha) of land in Aliso and Wood Canyons and portions of Laguna Canyon in the cities of Laguna Niguel, Laguna Hills, Aliso Viejo, Laguna Beach, and Dana Point, Orange County, California. The AWCWP is located within the Nature Reserve of Orange County (which is part of a larger 17,000-ac (6,880-ha) regional coastal canyon ecosystem comprised of Laguna Coast Wilderness Park, Crystal Cove State Park, and City of Irvine Open Space) and is subject to the Orange County Central-Coastal NCCP/HCP and associated implementing agreement (R.J. Meade Consulting 1996a, pp. 1-567; The California Resources Agency et al., 1996, pp. 1-217; LSA Associates 2009, p. 25). Orange County Parks owns and operates the AWCWP, which is designated as a wilderness park (according to the Orange County General Plan) and encompasses a large island of habitat (coastal sage scrub, chaparral, native grassland, and oak woodland) that is almost entirely surrounded by urban development (LSA Associates 2009, p. 1).
The AWCWP Resource Management Plan provides comprehensive, long-term management for the preserve area, including those lands represented in Unit 3 of this rule. The fundamental objective for the AWCWP Resource Management Plan is to identify the best way to manage, protect, and enhance the natural resource values of the park while providing safe recreational and educational opportunities to the public (LSA Associates 2009, p. 25). As required by the Orange County Central-Coastal NCCP/HCP Implementing Agreement, the AWCWP Resource Management Plan includes policies for managing and monitoring the park, conducting research, conducting habitat restoration and enhancement, implementing fire management, and managing public access, recreation, and infrastructure (LSA Associates 2009, p. 26). The management regime addresses active management of resources with flexibility for adaptive management strategies, including the gradual modification of management techniques based on the results of ongoing management, research, and monitoring activities.
The most significant threats for the AWCWP include habitat fragmentation, invasive plant species, existing fuels and fire hazard conditions, urban edge effects, public use, and erosion. The AWCWP Resource Management Plan is designed to address these issues and threats, and minimize impacts while supporting the intent of a county wilderness park (LSA Associated 2009, p. 94). General management strategies for the park's biological resources that would benefit
Brodiaea filifolia
and its habitat identified in Unit 3 include:
(1) Protecting and maintaining populations of native plant and wildlife with an emphasis on managing Orange County Central-Coastal NCCP/HCP covered species;
(2) Improving biological productivity and diversity through protection, enhancement, and restoration activities consistent with the adaptive management strategy of the Orange County Central-Coastal NCCP/HCP;
(3) Monitoring enhancement and restoration activities as part of the adaptive management program to evaluate effectiveness and progress. Through monitoring, seek to identify
new enhancement and restoration opportunities and priorities within the park; and
(4) Implementing and coordinating with adjacent landowners to determine fire management methods that cause the least damage to park resources while providing effective fire control to protect human life and property (LSA Associates 2009, p. 103).
In addition to the preservation and management of the AWCWP as described above, management zones were created to allow for describing management goals by area or showing relationships between one area and another in terms of land use and management strategies, and are based on: (1) Geographic relationships; (2) resource values; (3) ecological parameters; (4) management issues, goals, or objectives; (5) types and intensities of land use; or (6) visitor use and experiences (LSA Associates 2009, p. 105). Unit 3 for
Brodiaea filifolia
occurs in the Lower Aliso Canyon Management Zone, which is managed to provide access into the park to communities at the southernmost segment of Lower Aliso Canyon, enhance recreation use, and improve riparian habitat and water quality in Aliso Creek (LSA Associa
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