Rule: Endangered and Threatened Species: Critical Habitat Designations&#8212 Thread-Leaved Brodiaea

Tuesday,
December 13, 2005
Part II
Department of the
Interior
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and
Plants; Designation of Critical Habitat for
Brodiaea filifolia (thread-leaved
brodiaea); Final Rule
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73820 Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / Rules and Regulations
DEPARTMENT OF THE INTERIOR (telephone 760–431–9440; facsimile the Service based on the statutory
760–431–9624). language. In this rule, our analysis of the
Fish and Wildlife Service SUPPLEMENTARY INFORMATION: consequences and relative costs and
benefits of the critical habitat
50 CFR Part 17 Designation of Critical Habitat Provides designation is based on application of
Little Additional Protection to Species the statute consistent with the Ninth
RIN 1018–AT75
In 30 years of implementing the Act, Circuit’s ruling and the Director’s
Endangered and Threatened Wildlife the Service has found that the guidance.
and Plants; Designation of Critical designation of statutory critical habitat
Procedural and Resource Difficulties in
Habitat for Brodiaea filifolia (thread- provides little additional protection to
Designating Critical Habitat
leaved brodiaea) most listed species, while consuming
significant amounts of available We have been inundated with
AGENCY: Fish and Wildlife Service, conservation resources. The Service’s lawsuits for our failure to designate
Interior. present system for designating critical critical habitat, and we face a growing
ACTION: Final rule. habitat has evolved since its original number of lawsuits challenging critical
statutory prescription into a process that habitat determinations once they are
SUMMARY: We, the Fish and Wildlife provides little real conservation benefit, made. These lawsuits have subjected the
Service (Service), are designating is driven by litigation and the courts Service to an ever-increasing series of
critical habitat for the federally rather than biology, limits our ability to court orders and court-approved
threatened Brodiaea filifolia (thread- fully evaluate the science involved, settlement agreements, compliance with
leaved brodiaea) pursuant to the consumes enormous agency resources, which now consumes nearly the entire
Endangered Species Act of 1973, as and imposes huge social and economic listing program budget. This leaves the
amended (Act). In total, approximately costs. The Service believes that Service with little ability to prioritize its
597 acres (ac) (242 hectares (ha)) fall additional agency discretion would activities to direct scarce listing
within the boundaries of the critical allow our focus to return to those resources to the listing program actions
habitat designation. The critical habitat actions that provide the greatest benefit with the most biologically urgent
is located in Los Angeles and San Diego to the species most in need of species conservation needs.
counties, California. Lands in Orange, protection. The consequence of the critical
Riverside, and San Diego counties that habitat litigation activity is that the
are covered by approved and draft Role of Critical Habitat in Actual limited listing funds are used to defend
habitat conservation plans are excluded Practice of Administering and active lawsuits, to respond to Notices of
under section 4(b)(2). Lands owned or Implementing the Act Intent (NOIs) to sue relative to critical
controlled by the Department of Defense While attention to and protection of habitat, and to comply with the growing
that are covered by an Integrated habitat is paramount to successful number of adverse court orders. As a
Natural Resource Management Plan conservation actions, we have result, listing petition responses, the
(INRMP) that provides a benefit to the consistently found that, in most Service’s own proposals to list critically
species are exempt from critical habitat circumstances, the designation of imperiled species and final listing
under section 4(a)(3) of the Act. As a critical habitat is of little additional determinations on existing proposals are
result of revisions based on peer and value for most listed species, yet it all significantly delayed.
public comments and a re-evaluation of consumes large amounts of conservation The accelerated schedules of court
methodology and mapping, resources. Sidle (1987) stated, ‘‘Because ordered designations have left the
approximately 4,093 ac (1,656 ha) in Los the Act can protect species with and Service with almost no ability to
Angeles, San Bernardino, Orange, and without critical habitat designation, provide for adequate public
San Diego counties proposed as critical critical habitat designation may be participation or to ensure a defect-free
habitat were removed or excluded from redundant to the other consultation rulemaking process before making
this final designation. Lands designated requirements of section 7.’’ Currently, decisions on listing and critical habitat
as critical habitat are under Federal and only 470 species or 37.5 percent of the proposals due to the risks associated
private ownership. No Tribal lands are 1,253 listed species in the U.S. under with noncompliance with judicially
included in this critical habitat the jurisdiction of the Service have imposed deadlines. This in turn fosters
designation. designated critical habitat. a second round of litigation in which
We address the habitat needs of all those who fear adverse impacts from
DATES: This rule becomes effective on
1,253 listed species through critical habitat designations challenge
January 12, 2006.
conservation mechanisms such as those designations. The cycle of
ADDRESSES: Comments and materials
listing, section 7 consultations, the litigation appears endless, is very
received, as well as supporting Section 4 recovery planning process, the expensive, and in the final analysis
documentation used in the preparation Section 9 protective prohibitions of provides relatively little additional
of this final rule, are available for public unauthorized take, Section 6 funding to protection to listed species.
inspection, by appointment, during the States, and the Section 10 incidental The costs resulting from the
normal business hours, at the Carlsbad take permit process. The Service designation include legal costs, the cost
Fish and Wildlife Office, 6010 Hidden believes that it is these measures that of preparation and publication of the
Valley Road, Carlsbad, CA 92011 may make the difference for the designation, the analysis of the
(telephone 760–431–9440). The final conservation of many species. economic effects and the cost of
rule, a list of references cited, the We note, however, that the August 6, requesting and responding to public
economic analysis, and maps will also 2004, Ninth Circuit judicial opinion, comment and, in some cases, the costs
be available on the Internet at http:// Gifford Pinchot Task Force v. United of compliance with the National
carlsbad.fws.gov. States Fish and Wildlife Service, found Environmental Policy Act (NEPA). None
FOR FURTHER INFORMATION CONTACT: our definition of adverse modification of these costs result in any benefit to the
Field Supervisor, Carlsbad Fish and was invalid. In response to the decision, species that is not already afforded by
Wildlife Office, at the above address the Director has provided guidance to the protections of the Act enumerated
Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / Rules and Regulations 73821
earlier, and they directly reduce the additional consideration. On July 1, received no response; therefore, we
funds available for direct and tangible 2002, the U.S. District Court for the could not consider the information.
conservation actions. Southern District of California directed Thirteen commenters supported the
us to publish a new prudency designation of critical habitat for
Background
determination and, if prudent, propose Brodiaea filifolia, and three opposed the
By 1998, when the species was listed, critical habitat for B. filifolia on or designation. Three letters included
at least 25 percent of the known before November 30, 2004, and to comments or information, but did not
Brodiaea filifolia populations or publish a final rule on or before express support or opposition to the
occurrences had been eliminated by November 30, 2005. proposed designation.
urbanization and agricultural In the final listing rule, we A second comment period to consider
conversion (63 FR 54975, October 13, determined that critical habitat was not the draft economic analysis of proposed
1998). Urban development continues to prudent for Brodiaea filifolia because critical habitat for Brodiaea filifolia
be a threat to this species. Habitat for such designation would provide no opened on October 6, 2005, and closed
the species is also threatened by off-road benefit over that provided by listing on on October 20, 2005. During the
vehicle use; non-agricultural grading private property where the species comment period we received 6 letters: 5
and disking for weed control; clearing occurs (63 FR 54975). The courts have from organizations or individuals and 1
for firebreaks; alteration of existing ruled that, in the absence of a finding from a local government agency. In
hydrologic conditions resulting from that the designation of critical habitat opening the comment period on the
construction and operation of flood would increase threats to a species, the draft economic analysis, we also
control structures; over-grazing; and existence of another type of protection, reopened the comment period on our
competition from non-native plant even if it offers potentially greater critical habitat proposal. Comments
species (USFWS 1998, RECON 1999, protection to the species, does not received during both comment periods
CNDDB 2005). Occurrences of B. filifolia justify a ‘‘’not prudent’’’ finding were grouped into general issue
in Orange County and some in San (Conservation Council for Hawaii v. categories relating to the proposed
Diego County are threatened by the Babbitt 2 F. Supp. 2d 1280). designation or the draft economic
perennial Cynara cardunculus Accordingly, we withdrew our previous analysis.
(artichoke thistle or cardoon) (CNDDB determination that the designation of
2005). B. filifolia and its habitat are also Peer Review
critical habitat was not prudent for B.
threatened by dumping of manure and filifolia and determined that critical In accordance with our joint policy
sewage sludge on occupied habitat habitat designation for this species is published on July 1, 1994 (59 FR
along the San Jacinto River in western prudent. We had sufficient information 34270), we solicited review of our
Riverside County (Roberts in litt. 2005). necessary to identify specific features proposed rule from at least three
This material can alter the soil essential to the conservation of B. appropriate independent specialists/
chemistry and lead to changes in the filifolia and proposed critical habitat for experts. The purpose of such review is
vegetation sustainable on the sites. this species on December 8, 2004 (69 FR to ensure our final designation is based
71284). With the publication of this on scientifically sound data,
Previous Federal Actions
rule, we are designating final critical assumptions, and analyses. We solicited
For more information on previous habitat for B. filifolia in compliance peer review from four knowledgeable
Federal actions concerning Brodiaea with the court’s order. individuals with scientific expertise that
filifolia, refer to the final rule listing the included familiarity with the species,
species as threatened, published in the Summary of Comments and the geographic region in which the
Federal Register on October 13, 1998 Recommendations
species occurs, and conservation
(63 FR 54975), and the proposed critical We contacted appropriate Federal, biology principles. We received
habitat designation published in the State, and local agencies, scientific responses from three of the peer
Federal Register on December 8, 2004 organizations, and other interested reviewers. The peer reviewers
(69 FR 71284). A recovery plan for B. parties and invited them to comment on supported the designation; however,
filifolia has not yet been completed. The the proposed critical habitat they expressed concern about errors and
following text discusses Federal actions designation. We also invited public omissions in the proposal, including the
that occurred subsequent to the listing. comment through the publication of exclusion of critical habitat on lands
On November 15, 2001, a lawsuit was notices on December 17, 2004, in The covered by Habitat Conservation Plans
filed against the Department of the Press-Enterprise, Riverside, CA; San (HCP). Comments from peer reviewers
Interior (DOI) and the Service by the Diego Union-Tribune, San Diego, CA; and other commenters are addressed in
Center for Biological Diversity and Orange County Register, Santa Ana, CA; the following summary, and corrections
California Native Plant Society, and the Los Angeles Times, Los Angeles, and information are incorporated into
challenging our ‘‘not prudent’’ CA. The initial comment period ended the final rule as appropriate.
determinations for eight plants, February 7, 2005. There were no
including Brodiaea filifolia (Center for requests for public hearings. Peer Reviewer Comments Related to
Biological Diversity et al. v. Department During the comment period that Previous Federal Actions, the Act, and
of the Interior et al., CV 01–2101). A opened on December 8, 2004, and Implementing Regulations
second lawsuit asserting the same closed on February 7, 2005, we received Similar comments that were received
challenge was filed by the Building 19 comment letters directly addressing from other commenters are addressed in
Industry Legal Defense Foundation the proposed critical habitat this section to avoid redundancy.
(BILD) on November 21, 2001 (Building designation: 4 comment letters were (1) Comment: Two peer reviewers
Industry Legal Defense Foundation v. received from 3 peer reviewers, 2 from requested that we provide a review of
Department of the Interior et al., CV 01– Federal agencies, and 13 from the unique status of plants under the
2145). Both cases were consolidated on organizations or individuals. We Act, including the limited protection
March 19, 2002, and all parties agreed received 2 additional comment letters plants are provided under section 9 of
to remand the critical habitat that were illegible. We attempted to the Act and the pros and cons of critical
determinations to the Service for contact the authors of the letters but habitat designation for plants. Another
commenter indicated that Brodiaea identified in the 2004 update of the rule, suggesting that it be rewritten and
filifolia receives substantial protection CNDDB that we overlooked. This re-released. Several questions,
under the California Endangered occurrence is located in an additions, and corrections to statements
Species Act (CESA) and the California unincorporated area of central San and information relating to proposed
Environmental Quality Act (CEQA) and Diego County near Lake Hodges. critical habitat units were provided by
does not require special management Fortunately, this occurrence of about peer reviewers and other commenters.
considerations or protection. 688 plants is being conserved under a Our Response: Because of a court
Our Response: Brodiaea filifolia is Minor Amendment to the San Diego deadline to complete this final rule, we
listed as an endangered species under County MSCP. could not publish a revised proposed
the CESA. This allows the species to Another occurrence in the same area rule for public review and comment in
receive greater attention during the land was not entered into the CNDDB until time to comply with the court’s
use planning process by local April 6, 2005 (CNDDB 2005); therefore, deadline. One of the purposes of
governments, public agencies, and we were not able to consider it in the releasing the proposed rule and draft
landowners. State listed plants are proposed rule. It is not possible to economic analysis for public review and
protected from removal, except by include an area in this final critical comment is to obtain substantive
permit or agreement from the California habitat designation that was not information and materials related to the
Department of Fish and Game (CDFG). identified in the proposed rule. Because proposed critical habitat designation.
However, listing under the CESA we are under a court deadline to We appreciate receiving additional
doesn’t remove all conservation threats complete this final rule, the publication information, corrections, and
to the species. Areas that contain of a revised proposed rule to include clarifications that were useful in our re-
features essential to the conservation of this area for public review and comment evaluation of the proposed units and
B. filifolia and that may require special could not have been completed in time unit descriptions. Where appropriate,
management considerations or to comply with the court’s deadline. we have included this information and
protection would still warrant critical (4) Comment: One peer reviewer cites answers to specific questions in the
habitat designation under the Act. The the dumping of sewage sludge as the final rule. See the ‘‘Summary of Changes
benefits and limitations of critical most serious threat to Brodiaea filifolia from Proposed Rule’’ section for a
habitat designation for B. filifolia are along the San Jacinto River habitat in review of changes in the final
addressed in several different sections Riverside County. The peer reviewer designation.
throughout this document, including also stated that these deposits alter the (7) Comment: One peer reviewer
the ‘‘Effects of Critical Habitat soil chemistry. stated that we did not provide
Designation,’’ and ‘‘Application of Our Response: This comment is information on our reasoning for
Section 3(5)(A), Exemption Under appreciated and a discussion of this proposing critical habitat in a number of
Section 4(a)(3), and Exclusions Under threat has been incorporated into the locations in Riverside and San Diego
Section 4(b)(2) of the Act.’’ ‘‘Background’’ section of this final rule. counties.
(5) Comment: A peer reviewer and Our Response: We have re-evaluated
Peer Reviewer Comments Related to Life two individuals provided differing areas included in proposed critical
History, Habitat Characteristics, and views on the issue of translocation. One habitat. This final designation reflects
Ecological Considerations view asserted that translocation may not mapping refinements, our re-evaluation
(2) Comment: Three peer reviewers have a high chance for success. The of proposed areas under section 3(5)(A),
and five other commenters provided other perspective considers it premature and exclusions under sections 4(a)(3)
additional information, clarifications, to state that translocation is a threat to and 4(b)(2) of the Act. Please refer to the
and references for aspects of the biology, the species. One peer reviewer ‘‘Criteria Used to Identify Critical
associated vegetation, and soil requested that we discuss all of the Habitat,’’ and the ‘‘Application of
preferences of Brodiaea filifolia. One translocated populations. Section 3(5)(A), Exemption Under
peer reviewer considered ours an Our Response: We are uncertain about Section 4(a)(3) and Exclusions Under
excellent overview of the biology of the the long-term viability of translocated Section 4(b)(2) of the Act’’ for more
species but lacking two references they populations and their contribution to information.
cited. the species as a whole, therefore, we did (8) Comment: Two peer reviewers
Our Response: We appreciate not specifically include them in this suggested literature citations, with one
additional information and clarification designation. However, translocated requesting that we cite final versions
and, where appropriate, we have populations may contribute to the long- rather than draft documents, and the
incorporated this into the final rule. term survival and recovery of the other requesting that the references
(3) Comment: One peer reviewer and species. Additional long-term cited list be published with the text of
one individual stated that we should monitoring for genetic diversity and the the rule and posted on the Internet.
have cited more recent information, reproductive impact of these Our Response: Where appropriate, we
including the California Natural populations is warranted. Only issues have incorporated these suggestions in
Diversity Database (CNDDB), regarding specifically related to the critical habitat this rule. We cite the most current
the historical range of Brodiaea filifolia, designation are discussed in this final version of documents available. As
pointing out that some new occurrences rule, therefore, we have not included a stated in the ‘‘References Cited’’ section
have been discovered. broad overview of translocated of the rule, a list of references cited is
Our Response: In developing the populations in this document. available upon request from the
proposed rule we used data compiled Carlsbad Fish and Wildlife Office. We
from the CNDDB database in 2003 as Peer Reviewer Comments Related to will also make this list available on the
well as an update in 2004 (CNDDB Critical Habitat, Primary Constituent Internet at http://carlsbad.fws.gov.
2003; 2004). This is a running database Elements, and Methodology (9) Comment: One peer reviewer and
that includes periodic updates of (6) Comment: Two peer reviewers and a public commenter questioned our use
existing occurrence information and two other commenters expressed of a draft version of Bramlet and White
new occurrence records. There was one concern about errors and lack of 2004 (erroneously cited as White and
occurrence of Brodiaea filifolia attribution to citations in the proposed Bramlet 2004 in the proposed rule).
Our Response: We referred to a some degree. The areas included in site-specific data for us to adequately
working table of occurrences (Table 3) proposed critical habitat and areas evaluate their recommendations. We
during the preparation of the proposed excluded from proposed designation reviewed the proposed Santalina/Loma
rule. The information in this table was under section 4(b)(2) of the Act were Alta subunit and determined it does not
considered to be one of the best identified as being occupied and meet the definition of critical habitat
available on the occurrences of Brodiaea containing the physical or biological under section 3(5)(A) of the Act. Please
filifolia. Only occurrences corroborated features essential to the conservation of refer to the section ‘‘Application of
from other sources are considered in the species. Lands included in this final Section 3(5)(A), Exemption Under
this final rule. designation are occupied and contain Section 4(a)(3), and Exclusions Under
(10) Comment: Two peer reviewers the features essential to the conservation Section 4(b)(2) of the Act’’ for more
and two public commenters variously of B. filifolia. Please refer to the information.
stated that the section of the proposed ‘‘Application of Section 3(5)(A), (14) Comment: Two peer reviewers
rule titled ‘‘Designation of Critical Exemption Under 4(a)(3), and and one commenter questioned our use
Habitat Provides Little Additional Exclusions Under Section 4(b)(2) of the of occurrences with 1,000 or more
Benefit to Species’’ is generic, Act’’ section for information about areas plants as a measure of whether an area
editorializing, out of place in a proposal, removed, exempted, or excluded from contained habitat with features essential
and political. One commenter wanted critical habitat. to the conservation of Brodiaea filifolia.
us to point to the research that (13) Comment: Two peer reviewers One commenter questioned the science
specifically justifies this claim in and three other commenters provided behind our decision not to propose all
relation to Brodiaea filifolia. information and suggestions related to occurrences of B. filifolia in Orange and
Our Response: The section referenced the species’ biology, habitat description, San Diego counties as critical habitat.
by the commenters is intended to be a and condition, as well as boundaries of Our Response: In developing our
general statement regarding our position the critical habitat subunits and areas proposal, we relied on several types of
on the designation of critical habitat. As containing habitat with features information to determine whether an
discussed in the preamble of this and essential to the conservation of this occurrence of Brodiaea filifolia was
other critical habitat designation rules, species that were excluded from critical considered significant. As outlined in
we believe that, in most cases, habitat in our proposal. One peer the ‘‘Criteria Used to Identify Critical
conservation mechanisms provided reviewer also noted that some units Habitat’’ section, we evaluated
through section 7, the section 4 recovery included unsuitable habitat. One population estimates, soil types,
planning process, the section 9 commenter recommended we change associated vegetation, and elevation. We
protective prohibitions of unauthorized the configuration of boundaries in the also evaluated the location of
take, section 6 funding to the States, the Rancho Santalina/Loma Alta subunit to occurrences in relation to the range of
section 10 incidental take permit better represent the areas containing the species. For example, occurrences
process, and cooperative programs with features essential to the conservation of that supported less than 1,000 plants,
private and public landowners and Brodiaea filifolia. but which were on alkali playas were
Tribes provide greater incentives and Our Response: We appreciate the considered to be significant. For an
conservation benefits than does the information and suggestions from these explanation of why more areas in
designation of critical habitat. commenters and, where appropriate, we Orange and San Diego counties were not
(11) Comment: One peer reviewer and have incorporated the information on included in the final designation, please
one commenter requested a definition of subunit descriptions into this final rule. refer to the ‘‘Application of Section
PCE. They also suggested clarifications Some of the commenters discussed 3(5)(A), Exemption Under Section
for PCEs relating to habitat descriptions, making the boundaries of critical habitat 4(a)(3) and Exclusions Under Section
soil types, slopes, and associated subunits and areas containing habitat 4(b)(2) of the Act’’ portion of this rule.
vegetation types. with features essential to the (15) Comment: One peer reviewer and
Our Response: As stated in the conservation of this species more one individual questioned the value of
‘‘Primary Constituent Elements’’ (PCE) precise. We made such changes where including small units (e.g., 6b (Mesa
section of the proposed rule (69 FR appropriate. We have attempted to map Drive)), or those with few plants (e.g.,
71284), PCEs are those physical or the boundaries to exclude developed subunits 4d (Prima Deschecha), 4f
biological features essential to the land; however, we may not have been (Talega/Segunda Deschecha), and 6a
conservation of a species, and that may able to exclude all developed land or (Alta Creek)) as critical habitat.
require special management land that does not contain the PCEs. Our Response: We considered
considerations or protection. The PCEs Any such structures and the land under occurrence information, soil types,
for Brodiaea filifolia were based on the them inadvertently left inside the vegetation association and other factors
best available information relating to the mapped critical habitat boundaries have in our re-evaluation of proposed
species’ occurrences and its soil and been excluded in the text portion of the subunits. As a result of our re-
vegetation associations. Please refer to rule, and are not designated as critical evaluation, several proposed subunits,
the ‘‘Methods’’ section of this final rule habitat. Federal actions limited to these including 4d, 4f, and 6a, were removed
for a discussion of all information areas would not trigger section 7 from final designation. Subunit 6b
sources used to define the PCEs for B. consultations, unless they affect the (Mesa Drive) is relatively small,
filifolia. species and/or primary constituent covering about 5 ac (2 ha), but it
(12) Comment: Two peer reviewers elements in adjacent critical habitat. supports a significant occurrence of
noted the ability of Brodiaea filifolia to Some commenters suggested Brodiaea filifolia and contains features
persist on disturbed, degraded, or including additional areas in the essential to the conservation of the
disked sites and the suitability of these proposed subunits or making boundary species; therefore, it was included in
sites if allowed to recover, especially by adjustments in areas containing features proposed critical habitat. However,
natural flooding processes. essential to the conservation of the subunit 6b was excluded from final
Our Response: It is likely that some species that were excluded from designation under section 4(b)(2) of the
areas supporting occurrences of proposed designation. However, these Act. Please see the ‘‘Summary of
Brodiaea filifolia have been degraded to commenters did not provide sufficient Changes from Proposed Rule,’’ and
‘‘Application of Section 3(5)(A), Brodiaea filifolia and B. jolonensis. This floodplain could adversely modify a
Exemption Under Section 4(a)(3), and area was identified as subunit 8d significant portion of the Riverside
Exclusions Under Section 4(b)(2) of the (Upham) in our proposed rule. It has County occurrences of the plant and
Act’’ sections for more information. been reported that putative hybrid eliminate a unique element of the
(16) Comment: One peer reviewer individuals of B. filifolia and another species’ habitat associations (i.e., plants
recommended that we add Domino or species that has been erroneously adapted to alkali soils). The reviewer
Chino alkali soils to the description of referred to B. jolonensis occur on the stated that designation of critical habitat
PCEs because Brodiaea filifolia occurs site (Armstrong 2005). Though these in the San Jacinto River floodplain area
on these soil types in Riverside County. hybrid plants exhibit intermediate would strengthen the regulatory
Our Response: We have reviewed this characteristics between the two effectiveness of section 7 by adding
information and have included these theorized parental species, a third ‘‘adverse modification’’ to the jeopardy
soil types in our definition of the PCEs species, B. orcuttii, also grows nearby standard available to the Service and
for Brodiaea filifolia. within the unit. According to Armstrong ensure that activities of the U.S. Army
(17) Comment: Two peer reviewers (2005), the hybrid plants appeared to be Corps of Engineers (ACOE) do not
and one Federal agency commenter a ‘‘clonal population’’ restricted to ‘‘a adversely modify the habitat. The
questioned our inclusion of subunits 5a one acre area at the southwest end of the reviewer also indicated that thousands
(Miller Mountain) and 5b (Devil property’’ and that these individuals of acres are undergoing alteration by
Canyon) in proposed critical habitat ‘‘probably reproduced asexually through sewage sludge and manure dumping.
because most plants in subunit 5a and cormlets.’’ Although Armstrong (2005) Our Response: We agree that areas
some in subunit 5b are hybrids between found ‘‘numerous B. filifolia, B. orcuttii, supporting Brodiaea filifolia in the San
Brodiaea filifolia and Brodiaea orcuttii. and (the material referred to as B. Jacinto River floodplain are important
One peer reviewer noted that hybrids jolonensis)’’ growing within the unit in because they contain features essential
occur in the City of San Marcos and on May 2005, he failed to observe any of to the conservation of the species.
Marine Corps Base, Camp Pendleton the hybrid plants. As a result, although However, these areas have been
(Camp Pendleton), although specific putative hybridization has been excluded from critical habitat because
numbers and locations were not reported for this unit, hybrid plants are the Western Riverside County MSHCP
provided. One peer reviewer stated that either no longer present or they addresses the conservation needs of the
plants in areas containing features represent an undetectable, small species, including the maintenance of
essential to the conservation of the fraction of the overall population of B. floodplain processes along the San
species in Riverside County are prone to filifolia. The occurrence of B. filifolia in Jacinto River. The Secretary has
hybridization. Another commenter, this subunit is estimated to support determined the benefits of excluding
knowledgeable about the genetics of about 1,000 plants and contains features lands covered by the Western Riverside
Brodiaea, stated that B. filifolia and B. essential to the conservation of the County MSHCP outweigh the benefits of
orcuttii form a unique line and could species. including them in critical habitat (see
hybridize only with each other. We were not able to confirm the the ‘‘Application of Section 3(5)(A),
Our Response: We acknowledge that commenter’s reference to hybrids on Exemption Under Section 4(a)(3), and
within subunits 5a and 5b, there are Camp Pendleton. Exclusions Under Section 4(b)(2) of the
substantial numbers of plants that are (18) Comment: One peer reviewer Act’’ section of this rule.)
hybrids of Brodiaea filifolia and considered the mapping of lands in (20) Comment: Two peer reviewers
Brodiaea orcuttii (Boyd et al. 1992). The Riverside County that were excluded and one individual commenter stated
population in subunit 5a is considered from proposed critical habitat to be that areas we identified as having
to be largely hybridized and we cannot inadequate. One individual requested features essential to the conservation of
determine that they can be considered UTMs for these same areas. Brodiaea filifolia near the City of Corona
as contributors to the long-term Our Response: As stated in the and in Moreno Valley in Riverside
conservation of the species; therefore, proposed rule, maps of the areas in County are erroneous and based on an
we removed this subunit from Riverside County containing features early draft of the Western Riverside
consideration. Although plants in essential to the conservation of Brodiaea County MSHCP. The commenter
subunit 5b also show some filifolia that were excluded under suggested they might be derived from
hybridization, the extent of the section 4(b)(2) of the Act, based on questionable biological surveys.
hybridization is less. The occurrence of conservation measures outlined in the Our Response: We appreciate the
B. filifolia in subunit 5b is significant Western Riverside County Multiple correction. After further evaluation, we
and is found at one of the highest Species Habitat Conservation Plan did not find reliable data validating the
elevations within the range of the (MSHCP), were available on our Web occurrences of Brodiaea filifolia at these
species. We have included the portion site. We believe that the general public locations, and we removed them from
of land in subunit 5b that is occupied finds these maps more useful than the consideration. For more information,
by B. filifolia and contains features UTM coordinates. Also, GIS layers of please refer to the ‘‘Summary of
essential to the conservation of the the areas proposed for critical habitat Changes from Proposed Rule.’’
species in this final designation. Please designation as well as areas excluded (21) Comment: One peer reviewer
see the ‘‘Summary of Changes from from proposed critical habitat are suggested that we designate habitat
Proposed Rule’’ and ‘‘Application of available upon request from our office. blocks that contain the entire San
Section 3(5)(A), Exemption Under We will clarify the availability of this Jacinto River floodplain to capture the
Section 4(a)(3), and Exclusions Under information in future critical habitat historical habitat of the species.
Section 4(b)(2) of the Act,’’ and ‘‘Unit rules. Our Response: When designating
Descriptions’’ sections for more (19) Comment: One peer reviewer critical habitat for Brodiaea filifolia we
information. expressed the importance of designating identified land containing physical or
We are aware of a CNDDB (Element critical habitat for Brodiaea filifolia in biological features essential to the
Occurrence 10) report in the City of San irregularly flooded bottomland areas of conservation of the species and which
Marcos that included a reference to the the San Jacinto River floodplain because may require special management
possible presence of hybrids between of concerns that alteration of the considerations or protection. Physical or
biological features include areas needed Integrated Natural Resource occurrences in the two Core Areas in
for pollen dispersal and pollination; Management Plan (INRMP) and other western Riverside County where this
seed dispersal and germination, and measures Camp Pendleton is species is found.
maintenance of seed banks; and areas undertaking to address B. filifolia on Please refer to the ‘‘Application of
that provide the basic requirements for their lands. Section 3(5)(A), Exemption Under
growth. These features, referred to as Section 4(a)(3), and Exclusions Under
Peer Review Comments Related to the Section 4(b)(2) of the Act’’ section for
PCEs, are discussed in the ‘‘Primary
NCCP/HCP Program, Section 7, and more discussion of the Western
Constituent Elements’’ section of this
Section 404 Riverside County MSHCP and other
rule. Areas in western Riverside County,
including lands within the San Jacinto (24) Comment: Two peer reviewers NCCP/HCP efforts.
River floodplain that are occupied by B. and one commenter disagreed with our (25) Comment: Two peer reviewers
filifolia and contain features essential to determination to exclude critical habitat state that the Lakeview/Nuevo Area
the conservation of the species have based on approved HCPs. One peer Plan (Dudek and Associates 2003) is
been excluded from critical habitat reviewer expressed further concern that inconsistent with provisions of the
pursuant to section 4(b)(2) of the Act it is uncertain whether HCPs will Western Riverside County MSHCP
(see ‘‘Application of Section 3(5)(A), protect these areas because no specific because it has nearly the entire Criteria
Exemption Under Section 4(a)(3), and preserve boundaries have been Area zoned for residential development.
Exclusions Under Section 4(b)(2) of the proposed, relying instead on goals and Our Response: Under the Western
Act.’’) potential conservation. The reviewers Riverside County MSHCP, permittees
(22) Comment: One peer reviewer stated that we did not provide a clear are obligated to adopt and maintain
questioned how land management of biological reason for excluding lands ordinances or resolutions as necessary,
reserves helps recovery of the species covered by HCPs and questioned why and amend their general plans as
with and without critical habitat. more areas were not determined to be appropriate, to implement the
Our Response: We are assuming the critical habitat. requirements and fulfill the purposes of
peer reviewer is referring specifically to Our Response: Under section 4(b)(2) the MSHCP and its associated
reserves that are established in of the Act, the Secretary may exclude Implementing Agreement (IA) and
conjunction with HCPs. Approved HCPs any particular area from critical habitat Permit (Dudek and Associates 2003).
include measures to monitor, minimize, designation if the benefits of excluding (26) Comment: Two peer reviewers
and mitigate impacts; and must provide such area outweigh the benefits of requested that we discuss specific
adequate funding. Management of including it in critical habitat, unless it conservation actions under the Western
reserves in accordance with an HCP’s is determined, based on the best Riverside County MSHCP that will
issuance criteria would be carried our scientific and commercial data result in conservation of Brodiaea
regardless of a critical habitat available, that the failure to designate filifolia. One reviewer specifically asked
designation on identified reserve lands. such area as critical habitat will result what assurances are in place that
Only actions authorized, funded, or in the extinction of the species. We conservation benefits will occur before
carried out by a Federal agency that may evaluated the benefits of excluding Highway 79 is built through habitat for
affect critical habitat would require critical habitat on lands covered by the species.
consultation with us and would not HCPs, including the Western Riverside Our Response: The Western Riverside
affect actions undertaken on reserve County MSHCP, the San Diego County County MSHCP identifies specific goals
areas that do not have a Federal nexus. Multiple Habitat Conservation Plan to be implemented for long-term
Reserves established as part of an HCP (MHCP) and its approved subarea plans, conservation of Brodiaea filifolia,
include monitoring and management to the Orange County Central and Coastal including conservation of at least 6,900
ensure the areas retain their biological NCCP/HCP, and the Settlement ac (2,760 ha) of habitat, containing 11
value for the species. Agreement for Rancho Mission Viejo’s major locations supporting the species,
Ranch Plan, a component of the draft conducting surveys for B. filifolia in
Peer Review Comments Related to Orange County Southern Subregion certain areas, and maintaining
Department of Defense (DoD) Lands NCCP/HCP, against the benefits of floodplain processes along the San
(23) Comment: One peer reviewer including such lands in critical habitat. Jacinto River.
requested a discussion of the A major benefit of excluding these lands The assembly of the MSHCP
importance of populations of Brodiaea from critical habitat is the facilitation of Conservation Area is anticipated to
filifolia on Camp Pendleton. continued partnerships with the various occur over a period of time during the
Our Response: Populations of signatory agencies, cities and life of the Permit. To ensure that the
Brodiaea filifolia on Camp Pendleton landowners involved with these NCCP/ resources ultimately conveyed to the
are of considerable importance not only HCP efforts. Although a possible benefit MSHCP Conservation Area are
because of the numbers of plants of including these lands in critical maintained in their existing condition
reported (over 4,000) from several habitat would be to enhance education prior to reserve assembly, the MSHCP
different occurrences, but also because about the species and its habitat needs, permittees are obligated to adopt and
they are found in more than one we consider this benefit to have largely maintain ordinances or resolutions and
vegetation or soil association, including been met through the public to amend their general plans such that
grasslands and vernal pools; the participation process that occurred, and they will be able to meet their
occurrences are distributed in a manner continues to occur, during the obligations under the MSHCP (Dudek
that likely facilitates pollen transfer development and implementation of and Associates, Inc. 2003; 2003b).
among them and also with occurrences these conservation planning efforts. We Several covered activities discussed
to the north and south of Camp acknowledge that the Western Riverside under the MSHCP have the potential to
Pendleton. Please see the ‘‘Application County MSHCP does not describe a impact populations of Brodiaea filifolia
of Section 3(5)(A), Exemption Under hard-lined reserve, but it does identify within the proposed MSHCP
Section 4(a)(3), and Exclusions Under specific conservation goals and Conservation Area, including the San
Section 4(b)(2) of the Act’’ for more objectives for Brodiaea filifolia, Jacinto River Flood Control Project and
information about Camp Pendleton’s including the conservation of 11 the State Route 79 Realignment Project.
These projects will require additional Exclusions Under Section 4(b)(2) of the incorporated, where appropriate, in this
consultation with our agency under Act’’ for more information. final rule.
section 7 of the Act (Dudek and (29) Comment: One peer reviewer, Public Comments Related to Critical
Associates, Inc. 2003). citing the Fieldstone/La Costa Habitat, Primary Constituent Elements,
As a result of informal consultation Associates HCP/Ongoing Multi-species and Methodology
conducted to date on the State Route 79 Plan (known as the Villages of La Costa
Realignment Project, the City of Hemet HCP), approved about 10 years ago, (32) Comment: One commenter
has adopted an Interim Urgency states that HCPs are supposed to suggested a method for designing the
Ordinance that preserves two avoidance provide for monitoring of the status of size of conservation areas based on
alternatives for the State Route 79 covered species to measure the success Burgman et al. (2001).
Realignment Project, both of which are of conservation measures and asked us Our Response: Although the
located outside of the MSHCP Criteria to document the status of the reserve. information is appreciated, it is
Area, and also allows the City to ensure important to clarify the differences
Our Response: Conservation
that development efforts within the between establishment of conservation
provisions for Brodiaea filifolia outlined
MSHCP Criteria Area are coordinated areas and the designation of critical
in the Villages of La Costa HCP include
such that habitat conserved within the habitat. The designation of critical
protection of almost 6,000 plants in an
Criteria Area does not become habitat does not establish reserves,
open-space preserve with long-term
preserves, wilderness areas, refuges or
fragmented, thereby allowing the City to management and monitoring, habitat
other types of conservation areas. We
meet their obligations under the MSHCP restoration, and control of invasive
suggest readers refer to the sections on
(City of Hemet 2005). plant species. Further information about
‘‘Methods,’’ ‘‘Primary Constituent
(27) Comment: One peer reviewer this HCP can be found in the section Elements,’’ and ‘‘Effects of Critical
stated that there was no protection of titled ‘‘Application of Section 3(5)(A), Habitat Designation’’ to more fully
land for Brodiaea filifolia before the Exemption Under Section 4(a)(3), and understand how we identified areas for
approval of the Western Riverside Exclusions Under Section 4(b)(2) of the critical habitat designation, the features
County MSHCP, and there is no Act.’’ essential to the conservation of the
protection now, as evidenced by the species, and the effect of critical habitat
Public Comments Related to Life
ongoing dumping of sewage sludge and on landowners.
History, Habitat Characteristics, and
manure on occupied habitat. The (33) Comment: One commenter
Ecological Considerations
reviewer cited an area along Case Road wanted to know how many occurrences
where dumping has occurred. (30) Comment: One commenter in Riverside and San Diego counties are
Our Response: Permittees under the criticized our use of foraging distance outside designated critical habitat and
Western Riverside County MSHCP are data based on Bombus taxa how this would affect the viability of
obligated to adopt and maintain (bumblebees), stating that their studies the species.
ordinances or resolutions as necessary, had not recorded a single instance of Our Response: A number of
and amend their general plans as bumblebees visiting Brodiaea filifolia on occurrences in Riverside and San Diego
appropriate, to implement the their property. counties were not proposed for
requirements and to fulfill the purposes Our Response: We believe our use of designation because they were not
of the MSHCP and its associated IA and the 820 feet (ft) (250 meters (m)) considered significant occurrences, or
Permit (Dudek and Associates, Inc. distance for pollinator movement and were excluded from proposed critical
2003; 2003b). The Western Riverside habitat is justified. Bell and Rey (1991) habitat under section 4(b)(2) of the Act.
County MSHCP is a large, complex noted Bombus californicus as one of the Many of these areas receive
habitat conservation plan, and its native bees observed pollinating conservation consideration under
implementation is expected to take Brodiaea filifolia on the Santa Rosa existing INRMPs, HCPs, or other
time. In its first year of implementation, Plateau in Riverside County. Please see conservation instruments. Please refer to
the Western Riverside County MSHCP the ‘‘Criteria Used to Identify Critical the ‘‘Application of Section 3(5)(A),
has already resulted in conservation and Habitat’’ section for a detailed Exemption Under Section 4(a)(3), and
management actions that address threats discussion. Exclusions Under Section 4(b)(2) of the
to Brodiaea filifolia on private lands. (31) Comment: One commenter Act’’ for more information. Please note
For example, the City of Hemet has criticized our omission of a study of that, although habitat for Brodiaea
adopted an ordinance that has halted pollinators conducted by Rancho filifolia may be outside the boundaries
the dumping of manure within the City Mission Viejo. of designated critical habitat, it does not
(City of Hemet 2002). Our Response: The omission of this mean these areas are unimportant or
(28) Comment: One peer reviewer report was inadvertent. The report may not be necessary for recovery of the
expressed concern that there is no summarizes field studies conducted in species.
assurance that prioritization of late spring 2003 and reports insects (34) Comment: One commenter stated
conservation areas following the criteria visiting flowers of Brodiaea filifolia at that the purpose of critical habitat under
of the Western Riverside County two locations and two times during the section 3 of the Act is to facilitate
MSHCP will select the more favorable season. Observations were made on recovery of species and that it should
biological areas over less favorable three dates between April and May include the opportunity for genetic
areas. For example, while the Western 2003. Burrowing bees (Anthophoridae), exchange, migration, and changes in
Riverside County MSHCP proposes one Sweat bees (Halictidae), and Flower- climate.
method of conservation, another, yet to loving flies (Syrphidae) were the most Our Response: The definition of
be disclosed method, could prevail. common groups of insects observed, critical habitat has two prongs, that is,
Our Response: We refer the reader to although it is not clear from the report one prong considers specific areas
our responses to comments 24 and 26 whether pollination by the various within the geographic area occupied by
above and to the section titled insects was confirmed by observations the species and the second prong
‘‘Application of Section 3(5)(A), of fruit production by the plants. considers specific areas outside the
Exemption Under Section 4(a)(3), and Information from this report is geographic area occupied by the species.
To the extent that we can relate genetic banks; and areas that provide the basic the ‘‘Background’’ section of this rule to
exchange, migration, and changes in requirements for growth. Please refer to support our use of 820 ft (250 m) for a
climate to physical and biological the ‘‘Summary of Changes From pollinator movement and habitat area.
features essential to the conservation of Proposed Rule,’’ and ‘‘Application of Please see the ‘‘Background’’ and
the species and those areas also require Section 3(5)(A), Exemption Under ‘‘Criteria Used to Identify Critical
special management considerations or Section 4(a)(3), and Exclusions Under Habitat’’ sections for a detailed
protection (prong one) or based upon a Section 4(b)(2) of the Act’’ sections of discussion.
determination by the Secretary that an this rule for more information.
(37) Comment: One commenter Public Comments Related to
unoccupied area is essential to the
requested that we indicate which Department of Defense Lands
conservation of the species (prong two),
we may and do consider those factors in parcels within critical habitat units/ (40) Comment: One Federal agency
our designation of critical habitat. subunits contain the PCEs. The commenter agreed with our exclusion of
Please see the ‘‘Designation of Critical commenter also stated that all lands mission-critical areas on Camp
Habitat Provides Little Additional within proposed units/subunits may not Pendleton from critical habitat
Protection to Species’’ section and the contain all of the PCEs. designation under section 4(b)(2) of the
‘‘Application of Section 3(5)(A), Our Response: In re-evaluating areas Act; however, they strongly disagreed
Exemption Under Section 4(a)(3), and proposed as critical habitat for Brodiaea with our determination in the proposed
Exclusions Under Section 4(b)(2) of the filifolia, we determined that some areas rule that Camp Pendleton’s Integrated
Act’’ for more information and do not contain features essential to the Natural Resource Management Plan
discussion. conservation of the plant, and therefore (INRMP) does not provide a benefit for
(35) Comment: One commenter stated were removed from final designation. Brodiaea filifolia. The commenter
there is a poor record of recovery for The ‘‘Summary of Changes from characterized critical habitat as
species with critical habitat while Proposed Rule’’ and ‘‘Application of encroachment that would unacceptably
another commenter cited a report Section 3(5)(A), Exemption Under degrade Camp Pendleton’s mission. The
indicating that species with critical Section 4(a)(3), and Exclusions Under commenter also provided information
habitat are less likely to be in decline Section 4(b)(2) of the Act’’ sections about programs and activities carried
and twice as likely to be recovering. provide information about areas out under the INRMP for B. filifolia.
Our Response: The Service has been removed from final designation. Due to Our Response: We appreciate the
unable to independently verify the the scale at which we map critical information from the commenter and
results of such studies. The fact that habitat boundaries, we do not include have reviewed Camp Pendleton’s
there are conflicting studies shows that parcel level detail. If lands within the INRMP, completed in November 2001
the issue has not been settled. The boundaries of critical habitat units/ (U.S. Marine Corps 2001). Based on our
Service believes that most of the subunits do not contain any PCEs, then review of the INRMP and information
protections of the Act come with listing they have been excluded from the provided by the commenter, we
the species, and by far the most designation in the text portion of the determined that the INRMP provides a
successful recovery efforts come from rule. benefit for Brodiaea filifolia and have
voluntary partnerships. Critical habitat (38) Comment: One commenter stated exempted Camp Pendleton from critical
designation is not the sole means by that it was not good science to habitat designation pursuant to section
which conservation of a species may be ‘‘extrapolate’’ genetic information from 4(a)(3) of the Act. We have also
addressed. studies on a ‘‘ubiquitous genera’’ such determined that exclusion of Camp
(36) Comment: One commenter as Lasthenia (lasthenia) to narrow Pendleton pursuant to section 4(b)(2) of
characterized our proposed rule as a endemic species such as Brodiaea the Act is also appropriate. Please see
sweeping designation that exceeds our filifolia. the ‘‘Application of Section 3(5)(A),
congressional mandate. The commenter Our Response: We cited the reference Exemption Under Section 4(a)(3), and
further stated that our designation to Lasthenia to highlight the Exclusions Under Section 4(b)(2) of the
should be based on the estimated 825 ac significance of outlying portions of a Act’’ section for more information.
(334 ha) of land occupied by Brodiaea species’ range to its genetic diversity. (41) Comment: One commenter
filifolia identified in the final listing Ornduff (1966) cites several species of claimed we are inconsistent in
rule (63 FR 54975). Another commenter Lasthenia with morphological or excluding Camp Pendleton from critical
stated that Congress intended for critical cytological variants at the margins of habitat designation while other military
habitat to be extremely narrowly their distributions. One example used installations have critical habitat on
defined and limited only to areas was Lasthenia fremontii, restricted to their lands.
necessary to bring the species to a point vernal pools or wet meadows in the Our Response: The commenter did
where it is no longer in danger of Central Valley. This example was cited not cite which military installation(s)
extinction. for the purposes of explaining how had critical habitat designation(s);
Our Response: In developing the final peripheral populations of Brodiaea therefore, we cannot provide specific
critical habitat designation for B. filifolia may be important to information about a particular
filifolia, we reviewed all information maintaining the genetic diversity of the installation. Under section 4(b)(2) of the
and data received during the two public taxa. Act, the Secretary shall designate
comment periods and have removed (39) Comment: Two commenters critical habitat, and revise critical
from consideration those lands that do questioned our 820 ft (250 m) pollinator habitat on the basis of the best scientific
not meet the criteria for designation. movement and habitat area. One data available and after taking into
Specific areas included in this final commenter thought it was too narrow, consideration the economic impact,
designation contain the physical or the other thought it was too wide. One national security impact, and any other
biological features essential to the cited a reference that one group of bees relevant impact of specifying a
conservation of B. filifolia, including (halictids) forage no more than 328 ft particular area as critical habitat. The
space for pollen dispersal and (100 m). Secretary may exclude any particular
pollination; seed dispersal and Our Response: We have included area from critical habitat if the benefits
germination, and maintenance of seed additional references and discussion in of such exclusion outweigh the benefits
of specifying such area as critical from final critical habitat designation HCPs and/or NCCP/HCPs, many factors
habitat, unless the failure to designate the portion of lands within the are considered, including the issues
such area as critical habitat will result boundary of the draft NCCP/HCP that identified by the commenters.
in the extinction of the species. These are owned by Rancho Mission Viejo and We make a determination to exclude
determinations are made by the identified in the Ranch Plan under lands within the boundaries of draft
Secretary on a species-by-species and section 4(b)(2) of the Act, based on a HCPs on a case-by-case basis. Generally,
area-by-area basis. recent Settlement Agreement. Please we exclude critical habitat from lands
Section 318 of the fiscal year 2004 refer to the section ‘‘Application of within the boundaries of draft HCPs or
National Defense Authorization Act Section 3(5)(A), Exemption Under NCCP/HCPs if we can point to
(Pub. L. 108–136) amended the Act by Section 4(a)(3), and Exclusions Under significant progress in the development
adding a new section 4(a)(3)(B). This Section 4(b)(2) of the Act’’ for more of a draft HCP and/or NCCP/HCP,
provision prohibits designation of information. including the release of an EIR/EIS for
critical habitat on any lands or other (43) Comment: One commenter stated public review and comment or
geographical areas owned or controlled that the City of San Marcos does not development of some other identified
by the Department of Defense (DoD), or have an approved HCP and is not likely conservation commitment, and we are
designated for its use, that are subject to to have one in the near future that confident the planning effort will lead
an INRMP prepared under section 101 would warrant exclusion of their lands to a successful outcome. With regard to
of the Sikes Act (16 U.S.C. 670a), if the from critical habitat under section automatic exemptions following
Secretary determines in writing that 4(b)(2) of the Act. approval of HCPs or NCCP/HCPs,
such plan provides a benefit to the Our Response: We did not exclude section 4(b)(5)(A) of the Act requires
species for which critical habitat is any lands within the City of San Marcos that any proposed regulation, including
proposed for designation. under section 4(b)(2) of the Act; revisions to critical habitat, be
The provisions of section 3(5)(A), however, some lands in the City of San published in the Federal Register and
4(a)(3), and 4(b)(2) of the Act are fully Marcos were removed from further that the public be afforded an
considered by us when designating consideration as critical habitat. Please opportunity to review and comment.
critical habitat. In some cases, critical refer to the ‘‘Application of Section Revisions to critical habitat designations
habitat may have been designated on 3(5)(A), Exemption Under Section without providing notice to the public
lands owned or controlled by the DOD 4(a)(3), and Exclusions Under Section would violate the Act. Please refer to the
prior to the 2004 amendments to the 4(b)(2) of the Act’’ for more information. section ‘‘Application of Section 3(5)(A),
Act, or if otherwise determined to be (44) Comment: Three commenters Exemption Under Section 4(a)(3), and
appropriate. Please see the section supported our practice of excluding Exclusions Under Section 4(b)(2) of the
‘‘Application of Section 3(5)(A), critical habitat on areas covered by Act’’ for more discussion of this topic.
Exemption Under Section 4(a)(3), and HCPs. One also suggested that we (45) Comment: Two commenters
Exclusions Under Section 4(b)(2) of the exclude areas covered under proposed supported the designation of critical
Act’’ for more information. Any HCPs, noting that failure to do so would habitat in areas with HCPs, one noting
revisions to designated critical habitat remove incentives for them to that local agencies would welcome
could be considered through the formal participate in these planning efforts. assistance from the Service and the
rulemaking process, subject to funding This commenter also stated that other stating that critical habitat would
availability. exemptions from critical habitat should ensure that an HCP would meet its
automatically follow approval of an success criteria.
Public Comments Related to NCCP/HCP HCP. Another commenter further stated Our Response: Both HCPs and critical
Program, Section 7, and Section 404 that designating critical habitat in areas habitat designations are designed to
(42) Comment: One commenter stated covered by an HCP would impose provide conservation measures to
that the Ranch Plan, a component of the economic burdens, invite legal protect species and their habitats. The
draft Orange County Southern challenges, and be a disincentive to advantage of seeking new conservation
Subregion NCCP/HCP is designed to developing HCPs. partnerships (through HCPs or other
maximize gene flow for Brodiaea Our Response: It is our policy to means) is that they can offer active
filifolia and that implementation of the exclude from critical habitat lands management and other conservation
Ranch Plan would not significantly containing features essential to the measures for the habitat on a full-time
reduce genetic exchange because of conservation of a federally listed species and predictable basis. Critical habitat
preexisting isolation. The commenter that are covered by approved HCPs. requires Federal agencies that authorize,
requested their property be excluded Pursuant to section 4(b)(2) of the Act, fund or carry out activities that may
from critical habitat designation for B. critical habitat is to be designated or affect critical habitat to consult with us
filifolia because of the protections revised based on the best scientific data to ensure such actions do not destroy or
afforded the species under the draft available and after taking into adversely modify designated critical
NCCP/HCP. consideration the economic impact, habitat. In some cases, the designation
Our Response: In general, it is our national security impact, and any other of critical habitat may remove
policy to consider excluding from relevant impact of specifying any incentives to participate in the HCP
critical habitat designation HCPs that particular area as critical habitat. The process because of added regulatory
are approved or are very close to Secretary may exclude any area from uncertainty; increased costs to plan
completion as indicated by the fact that critical habitat if the benefits of development and implementation;
an Environmental Impact Statement/ excluding such area outweigh the weakened stakeholder support; delayed
Environmental Impact Report (EIS/EIR) benefits of including it in critical approval and development of an HCP;
has already been prepared and released habitat, unless such exclusion will and greater vulnerability to legal
for public review and comment. We result in the extinction of the species. challenge or other concerns. In some
have not yet released a draft EIS/EIR for As part of the process of balancing the instances, we have received direct
the Orange County Southern Subregion benefits of including or excluding any statements from landowners expressing
NCCP/HCP for public review and particular area as critical habitat, their intent to withdraw from other
comment; however, we are excluding including lands covered by approved types of cooperative efforts beneficial to
the conservation of listed species if their economic analysis considers the the DEA, off-setting compensation for
property was proposed for inclusion in potential economic impacts of efforts to impacts to B. filifolia in essential habitat
critical habitat. We work with HCP protect the Brodiaea filifolia and its areas is based upon mitigation
applicants to ensure that their plans habitat in critical habitat. It does so by requirements for the plant contained
meet the issuance criteria and that the taking into account the cost of within HCPs prepared pursuant to the
designation of critical habitat on lands conservation related measures that are NCCP Act of 2001 in California. These
where an HCP is in development does likely to be associated with future plans primarily require avoidance or
not delay the approval and economic activities that may adversely call for conservation of the occurrences
implementation of the HCP. affect the habitat within the proposed encompassed within the essential
Additionally, HCPs include boundaries. Our economic analysis fully habitat areas identified in the proposed
conservation actions for covered species evaluated the economic and other rule. This is in contrast to potential
whether or not the area is designated as impacts of designating critical habitat mitigation for Atriplex coronata var.
critical habitat. pursuant to section 4(b)(2) of the Act. notatior and Navarretia fossalis, for
(46) Comment: One commenter The economic and other impacts of which developers are able to mitigate
wanted to know how we determined critical habitat are individually off-site and continue with planned
that the benefits of excluding HCP areas analyzed in our economic analysis projects.
from critical habitat outweigh the report, which parallels our review of a (50) Comment: One commenter states
benefits of their inclusion. Federal action under section 7(a)(2) of that the DEA fails to address the greatest
Our Response: We refer the reader to the Act. Our analysis of the effects of a capital expenditure in western Riverside
the ‘‘Application of Section 3(5)(A), Federal action under section 7(a)(2) of County, because it does not include the
Exemption Under Section 4(a)(3), and the Act would consider the effects to costs required to purchase and maintain
Exclusions Under Section 4(b)(2) of the any designated critical habitat. In the reserves for the species. The comment
Act’’ section for an explanation of how proposed and final rules, we describe further states that costs of restoring
we have weighed the benefits of and evaluate potential activities that current habitat that could be lost to
including or excluding critical habitat may adversely modify critical habitat or land-altering activities on private lands
for Brodiaea filifolia on lands covered may be affected by such designation should also be included.
by HCPs. pursuant to section 4(b)(8) of the Act. Our Response: The Western Riverside
Each critical habitat designation may be County MSHCP is a comprehensive,
Comments Related to Economic
affected differently by a proposed action multi-jurisdiction HCP for conservation
Analysis; and Other Relevant Impacts of species and their habitats in Western
in a manner that reflects the specific
(47) Comment: Two commenters physical and biological features that are Riverside County. Under the Plan, we
criticized our failure to include the considered essential for the listed will grant take authorization under
economic analysis with the critical species. Thus, our economic analysis Section 10(a)(1)(B) of the Act for
habitat proposal and one of these would reflect the economic and other otherwise lawful activities such as
commenters also noted the lack of an impacts specific to each designation. private development that may
EIS and National Environmental Policy (49) Comment: One commenter states incidentally take or harm listed wildlife
Act (NEPA) analysis. that the draft economic analysis (DEA) species in exchange for assembly and
Our Response: We published our is inconsistent with previous economic management of an MSHCP Conservation
proposed designation of critical habitat analyses for Atriplex coronata var. Area. The MSHCP Conservation Area
for Brodiaea filifolia in the Federal notatior and Navarretia fossalis, which will be formed through a variety of
Register on December 8, 2004 (69 FR provided little economic analysis of the methods, including inclusion of existing
71284). At that time, our Division of loss of potentially developable acreage conservation banks and/or mitigation
Economics and their consultants and instead emphasized administrative areas, establishment of new
initiated preparation of a draft economic costs and impacts to public works conservation banks and/or mitigation
analysis of the proposed designation. projects. The commenter further states areas, incentives provided to private
The draft economic analysis was that the Service should develop landowners to voluntarily convey their
released for public review and comment consistent procedures for preparing property for conservation, purchase of
on October 6, 2005 (70 FR 58361), and economic analyses so that results lands through the Local Development
we accepted comments on both the draft between species are comparable, Mitigation Fee paid by project
economic analysis and proposed rule especially for areas such as the San applicants seeking coverage, or direct
until October 20, 2005. With regard to Jacinto River, where occupied habitat purchase of land by the project
the preparation of an EIS and NEPA for all three of these species overlap. proponent as an in-lieu payment. As
analysis, it is our position that, outside Our Response: Every economic stated in paragraph 94, based in part on
the Tenth Circuit, we do not need to analysis of proposed critical habitat the requirements of the MSHCP, the
prepare environmental analyses as rulemakings is undertaken following the analysis assumes that 95 percent of
defined by the NEPA in connection with same framework, described in pages 1– Brodiaea filifolia habitat in areas
designating critical habitat. Please see 1 through 1–11 of the DEA. The reports susceptible to development activity are
the ‘‘National Environmental Policy focus on the economic activities preserved. The costs of preserving these
Act’’ section of this rule for additional identified in the proposed rule as likely areas, along with the costs of relocating
information. to threaten the habitat and resulting in the plant, salvaging bulbs, and
(48) Comment: One public commenter the greatest impacts. These activities, maintaining and monitoring
stated that we failed to assess the impact and the associated measures required to populations for the remaining five
of multiple critical habitat designations minimize impacts, will vary depending percent of affected development, is
on landowners. on the attributes of the habitat and the captured in the analysis.
Our Response: To comply with the specific species. Urban development is (51) Comment: One commenter
10th Circuit Court of Appeal’s ruling in identified in the proposed rule as a questions the use of the IMPLAN model,
the New Mexico Cattle Growers threat to Brodiaea filifolia throughout given the DEA’s caveat that the model
Association case (248 F.3d at 1285) to much of the proposed critical habitat. overstates the long-term impacts of
include all co-extensive effects, the As discussed in paragraphs 91 to 95 of regulatory change.
Our Response: Input-output models currently located in a preserve. Note (57) Comment: One commenter states
are discussed as an example of one tool that all of the above referenced areas, that the DEA should factor in costs of
commonly used by economists to except subunit 1b, have been removed the proposed designation to
estimate regional impacts. However, this or excluded from the final designation. infrastructure assessment districts in the
particular tool is not used in this (54) Comment: One commenter states City of San Marcos.
analysis. Instead, the DEA relies on a that the methodology should be refined Our Response: We agree that impacts
partial equilibrium model to estimate so that the bias of overstatement in the associated with reduced or delayed
regional effects. analysis can be eliminated. development in infrastructure
(52) Comment: One commenter states Our Response: The potential impacts assessment districts within the City of
that Exhibit ES–2 in the DEA should of Brodiaea filifolia conservation San Marcos are a possibility.
provide administrative costs as a activities on development within Infrastructure assessment districts
separate line item. essential habitat are a function of the include Community Facilities Districts
Our Response: Exhibit ES–2 provides distribution of the plant within the unit, or Special Assessment Districts that levy
information to the reader concerning the ability of the developer or additional taxes on properties within
key impacts of the designation, landowner to modify projects to avoid the district to finance the construction
including activities that may be most each locality, and the existence of of public facilities. The additional tax
impacted by Brodiaea filifolia alternative uses of the property that do for each included property may be
conservation efforts. Administrative not threaten the plant, all of which are based on a variety of factors such as lot
costs are included in the cost estimates unknown. The DEA uses the best size and benefit received by the
for each activity presented, rather than available information to quantify property. Therefore, Brodiaea filifolia
reported separately, because they potential impacts in light of the conservation activities may reduce taxes
represent only 2 percent of upper-bound uncertainty associated with these received by a particular district where
total costs estimated for proposed factors. new property construction that would
critical habitat. In present value terms (55) Comment: Two commenters state
occur absent the designation does not
assuming a 7-percent discount rate, that there should be no additional costs
occur. However, an estimate of the
these administrative costs are associated with designating critical
degree of this reduction would require
approximately $272,000; assuming a 3- habitat in areas covered by approved
information on the type and value of
percent discount rate, administrative HCPs. In particular, one comment states
that many of the Federal Information future development at a parcel-specific
costs total $298,000.
(53) Comment: Several commenters Processing Standard (FIPS) places level. This information is currently
question the DEA’s inclusion of units/ discussed in Exhibit 3–11 are included unknown.
subunits 1b, 2, 4d, 4e, 8b, 8e, 10, EH– within approved HCPs and should be Because the tax is used by the City to
1, EH–2, EH–3, and EH–7 (as listed in deleted from the analysis. make payments on bonds issued to
the DEA) in the development analysis. Our Response: We recognize that finance construction of public facilities,
The comments state that development- many of the FIPS listed in Exhibit 3–11 Brodiaea filifolia conservation activities
related impacts in these units are are located within approved or pending may also impact the City, developers,
unlikely, because either these units have HCP jurisdictions and that these plans and bondholders where development
already been developed or they are may require protection of Brodiaea projects associated with special
permanently preserved open space. filifolia habitat. However, as stated in assessments are halted after bond
Our Response: The DEA utilized the the DEA, costs incurred due to issuance, leading to property
best available information locating conservation activities and other indebtedness in which the developer is
developable land within areas protective measures carried out by other unable to finance its portion of the
containing features essential to the Federal agencies, State and local project and/or the City is unable to
conservation of Brodiaea filifolia. This governments, and other parties are make payments to bondholders. The
information includes a geographic considered co-extensive with the potential for B. filifolia conservation
information systems (GIS) layer from the protection offered by critical habitat. activities to render the developer and/or
San Diego Association of Governments Inclusion of co-extensive impacts in the the City unable to meet its financial
(SANDAG) locating developable land economic analysis complies with obligations is a function of currently
within essential habitat units in San direction from the U.S. Tenth Circuit unknown variables such as the location
Diego County, and a GIS layer from the Court of Appeals. of B. filifolia on the project site, project
Southern California Association of (56) Comment: One commenter states specifications, and the financial status
Governments (SCAG) locating vacant that the DEA should estimate costs of the developer and/or the City.
land within essential habitat units in associated with the potential loss of (58) Comment: One commenter states
Los Angeles, San Bernardino, Orange, redevelopment increment funds in the that the development analysis is
and Riverside Counties. Because the City of San Marcos, because a majority inaccurate, because it uses residential
SANDAG and SCAG data are updated of land in the proposed critical habitat land values even though a number of
only every few years, it is possible that within the City occurs in an adopted the proposed critical habitat units in the
information for certain parcels is no Redevelopment Project Area. City of San Marcos are zoned for non-
longer current. Accordingly, the Service Our Response: Based on recent residential uses. Specifically, the
appreciates the new information conversations with the City of San commenter states that the DEA does not
provided during the public comment Marcos, we agree that redevelopment factor in values of parcels that are zoned
period that allows for a refinement of increment funds may be impacted if for industrial use in subunits 8c, 8d, and
the DEA. Based on this information, the property construction is reduced in 8e. It also questions the appropriateness
calculation of development impacts was areas where funds would have been of the impact scenarios based on
revised to remove all of the units listed collected by San Diego County and ‘‘supply of housing’’ and ‘‘home prices’’
above, with the exception of subunit 1b. allocated to the City. However, the city in these areas. Another comment states
Subsequent research has shown that the representatives were not able to provide that the per-acre land values estimated
subunit is privately owned, not information about the potential in the DEA and presented in Exhibit 3–
developed, and the plants are not magnitude of the impact. 7 appear low.
Our Response: The first scenario a soft-line area by and of itself does not (FIPS places generally follow the legal
analyzed in the DEA captures potential dictate the high conservation standards boundaries of incorporated cities). The
losses to owners of developable parcels of 95 percent provided in Exhibit 3–6 DEA assigned subunit 5a to the closest
zoned for non-residential uses. This unless that population is also deemed to FIPS place, San Clemente and subunit
scenario assumes that in areas that must be critical by the MHCP. The comment 8d to San Marcos. The disparity in
be avoided, or set-aside, from future notes that Brodiaea filifolia occurrences impacts estimated in this scenario
development, the market value of those in the City of Carlsbad are located in a results from difference in the median
acres is lost. The market value of raw Major Amendment Area and not in a home price and projected number of
land implicitly incorporates all soft- or hard-line area. Another future houses in the two cities.
potential future uses of the property, be comment states that the DEA overlooks However, based on public comment and
it residential, commercial, industrial, or the relative importance of each of the B. further reflection, a new assumption is
otherwise. Thus, the loss in land value filifolia localities and how this could applied to this scenario.
captures the lost value of future use of affect compensation within Some areas of essential habitat, such
the property. The sample of property conservation plans for the species. as subunit 5a, fall outside the
values used in this analysis includes a Our Response: Information on boundaries of the 10 FIPS places
mix of properties zoned for residential conservation measures for Brodiaea included in the DEA. Several of these
and non-residential uses and therefore filifolia contained in the MHCP relies on units fall within 3 miles of the nearest
is reasonably representative of losses on personal communication with the FIPS place and thus are assigned to that
average. County, as noted in Exhibit 3–6. The place. Five remaining units, including
Market values used in the DEA are sample of conservation requirements subunit 5a, are 10 or more miles from
drawn from a data set of raw land values reviewed in this exhibit represent the the nearest FIPS place. Zabel and
obtained from the San Diego County best available information regarding Paterson’s model, described in
assessor for parcels located within areas uncertain future conservation paragraph 101 and used to estimate
containing features essential to the requirements in areas, both within these market impacts, represents the best
conservation of Brodiaea filifolia. Based plans and outside the boundaries. As available tool for estimating impacts to
on conversations with the assessor, to discussed in paragraph 94, the analysis the housing market resulting from
ensure that assessed values of raw land assumes that the highest level of critical habitat designation. However,
were consistent with market values, the conservation for B. filifolia provided this tool is not capable of assigning costs
DEA uses a sample from this dataset across the approved plans will apply to to these five units. Considering their
including only parcels sold and future development projects. Given the more remote nature, as demonstrated by
assessed in 2004. This sample includes uncertainty regarding the location of their distance from densely populated
parcels zoned for industrial use in plants, the significance of particular areas, designation is less likely to result
subunit 8d. Considering public populations, and the configuration of
in substantial impacts relevant to the
comment, an adjustment is made to the specific development projects, this
housing market. Because the potential
final analysis. In the DEA, the per-acre assumption may overstate impacts for
magnitude of market effects is unknown
land value was calculated as a weighted specific projects.
(60) Comment: One commenter for these five areas, no consumer
average across the sample of parcels.
questions the disparity between costs welfare losses are reported for these
This approach may understate per-acre
for particular units. The commenter areas in the final economic analysis.
values due to the presence of several
parcels of relatively low value and high states that subunit 8d is in the center of (61) Comment: One commenter states
acreage in the sample. The economic the City of San Marcos while the Miller that the development analysis should
analysis was revised, calculating a per- Mountain unit (subunit 5a) is on private evaluate a scenario of higher density
acre value based on the average of the and Forest Service land within the San development along with the benefits of
per-acre values implied by each parcel, Mateo Wilderness. For this reason, the adjacent open space conservation.
and by eliminating an outlying parcel commenter questions why the estimated Our Response: The DEA analyzes two
from the sample. This revision results in costs for subunit 8d are low, relative to scenarios, as described in paragraphs 80
a per-acre average land value for parcels the estimated costs for the Miller through 109. The first scenario assumes
in San Diego County of $69,000. Mountain property. that no future housing stock is lost due
We note that the second scenario Our Response: The relative costs to to Brodiaea filifolia conservation
estimated in the DEA (paragraphs 100 development activities assigned to each activities, because substitute sites are
through 109), which measures consumer unit are a function of the land value available. The second scenario assumes
welfare losses associated with higher losses calculated in the first scenario that some future housing stock is lost
home prices, does not consider the and the impacts to the housing market (e.g., not constructed at other sites).
impact of shifts in prices of commercial calculated in the second scenario. In the Adding a third scenario of higher
or industrial facilities. Analysis under first scenario, costs are driven by the density development, as suggested by
the second scenario relies on an existing quantity of private, developable land the comment, would result in an impact
economic model estimating the shift in within the unit that is projected to be estimate similar to the estimate in the
quantity of housing supplied as a result developed in the next 20 years. As first scenario, and no larger than
of critical habitat. No such model exists shown in Exhibit 3–8, proposed subunit estimated in the second. Higher density
for non-residential development, 8d contains 18.64 acres of projected development represents a substitution
therefore we are unable to estimate development on private, developable option similar to the availability of non-
welfare losses in markets for acres while subunit 5a contains 21.36 critical habitat developable land. It
commercial or industrial properties at acres; therefore, impacts under this assumes that the same number of homes
this time. scenario are greater for subunit 5a. are built, but simply on a smaller
(59) Comment: One commenter states In the second scenario, impact footprint. In addition, such a scenario
that the DEA contains a misreading of estimates are driven by the overall might require the assumption that
the San Diego County MHCP standards amount of new housing anticipated in existing zoning-related restrictions will
as summarized in Exhibit 3–6. the FIPS place closest to the unit and be lifted to accommodate the higher
According to the comment, inclusion in median home values in that FIPS place density development. We have no
information to suggest such a change in summary of consultations for from the first development scenario
existing regulation will occur. development projects that occurred in analyzed in paragraphs 84 and 87
If higher density development results areas containing features essential to the through 99 of the DEA. This scenario
from Brodiaea filifolia conservation conservation of the species in the assumes that within regional housing
activities, additional open space may be proposed rule, but it does not reflect markets, substitute land exists for
preserved. Various studies document consultations or project modifications development that would otherwise
the positive effect of environmental that have occurred for HCPs. Exhibit 3– occur within essential habitat. Projected
amenities, including open space, on the 3, on the other hand, presents the past development shifts to less preferred
value of nearby residential and costs of these development sites (e.g., areas that were previously
commercial properties (e.g., Thibodeau consultations (administrative and farther out in time on the development
and Ostro (1981), Nelson (1985), Lacy project modification costs) in addition horizon or that were not anticipated to
(1990), Garrod and Willis (1992), to administrative costs of the be developed within the next 20 years).
Bockstael (1996), Geoghegan (1998), development of HCPs that have This assumption may be reasonable for
Acharya and Bennet (2001)). The jurisdiction over essential habitat areas. the proposed designation, because the
enhancement of real estate values Footnote 45 notes that these HCPs are potentially affected acres represent a
depends on, among other things, the the County of San Diego Subarea Plan small percentage of the total
proximity of homes to open space and under the Multiple Species developable land in the municipalities
the spatial extent of the effect (only the Conservation Program (MSCP) in March where they are located. Accordingly,
homes immediately adjacent to the 1998, the Western Riverside County existing landowners whose land would
space are affected, the entire MSHCP in June 2004, and the City of otherwise be higher in the hierarchy of
neighborhood is affected, or the entire Carlsbad’s Habitat Management Plan potentially developable sites must
town or region is affected), whether the (HMP) under the MHCP in November accept lower prices associated with
effect decreases with distance from the 2004. As stated in the note (a) to Exhibit Brodiaea filifolia conservation activities
open space and at what rate, whether 3.3, the analysis distributes the HCP if development is to occur. This
the community already contains a costs evenly across the units covered by assumption is consistent with peer
significant supply of conserved land, the plans. review by three economists of previous
and the relationship between local (63) Comment: One commenter asks economic analyses of proposed critical
development pressure and values for whether costs in Exhibit 3–2 are habitat in California. Note that the
conserved open space (e.g., if open attributed solely to Brodiaea filifolia or second development scenario (described
space is scarce, and development whether other listed species benefited in paragraphs 100 through 109) makes
pressure high, the combination could from the consultations and mitigation the alternative assumption that land is
affect the magnitude of the benefit). activities. scarce. Under this scenario, homebuyers
To make a defensible transfer of Our Response: Exhibit 3–2 experience costs associated with B.
‘‘open space value’’ as identified in the summarizes four consultations for filifolia conservation activities.
literature to a community or development projects that have (65) Comment: One commenter states
neighborhood impacted by Brodiaea occurred in areas containing features that Exhibit 5–3 is flawed because not
filifolia conservation activities, essential to the conservation of Brodiaea every unit contains a transportation
additional data are required. For filifolia in the proposed rule. These issue. The commenter requests that a
example, information on the extent of consultations covered other species in more realistic transportation scenario be
existing open space in the affected addition to B. filifolia. The consultations evaluated based on specific subunits.
communities and the additional amount covering subunits 6c and 8b also Another commenter states that the
likely to be conserved as a result of B. considered the coastal California transportation impacts analysis is
filifolia conservation activities must be gnatcatcher, as noted in Exhibit 3–2. incomplete, because the Service did not
compared to similar statistics for the The consultations covering subunit 7a contact the Riverside County
communities assessed in the economics note that other federally threatened and Transportation Commission or the local
literature. In addition, the transfer State species of special concern occur cities to identify transportation projects
requires an assessment of the onsite, such as the coastal California in areas containing features essential to
similarities in the quality and attributes gnatcatcher, northern harrier, Cooper’s the conservation of Brodiaea filifolia.
of the land to be conserved with the hawk, white-tailed kite, and California Our Response: We acknowledge that
qualities and attributes of the land adolphia; however, the consultations simplifying assumptions were made in
studied in the literature. The models were primarily focused on impacts to B. the DEA to bound the potential
and data required to complete this filifolia. For all of the consultations, magnitude of transportation-related
transfer are not readily available for B. project modification costs described in impacts. During development of the
filifolia habitat. As a result, the DEA is the table were driven by efforts to DEA, the relevant district offices of
unable to estimate the potential benefits protect B. filifolia and, therefore, are California Department of Transportation
of open space conservation. attributed to this species. (CALTRANS), which has responsibility
(62) Comment: One commenter (64) Comment: One commenter states for transportation-related projects in
questions the cost allocation across that, typically, the developer will pass California, were contacted (see
units in Exhibit 3–3. The comment any increase in project cost to the paragraphs 126 through 130).
states that, given that the preceding ultimate consumer of the development CALTRANS represents the best publicly
exhibit (Exhibit 3–2) contains only four (homeowner, business owner, building available source of State transportation
subunits that have had a formal or owner), not to the raw landowner. It is projects. The offices were unable to
informal consultation, it is questionable the experience of the commenter that provide site-specific information about
as to why the rest of the subunits are developers simply recognize the cost of the potential location of future Brodiaea
included if they have never been building constraints, work with them filifolia conservation activities.
consulted on. and build them into the ultimate cost of Therefore, the DEA used a historical rate
Our Response: Exhibit 3–3 does not the product. of consultation, plus information about
include units where no consultation has Our Response: The assumption the project modifications associated
taken place. Exhibit 3–2 presents a referred to in this comment is derived with those consultations, to predict
future transportation costs. These potential delay costs. These costs were unlikely that more burdensome actions
impacts were assumed to be equally incorporated in the final economic will be required by the ACOE as a result
likely to occur in any unit (excluding analysis. The three units where B. of the SAMP. Therefore, the cost
lands on Camp Pendleton), resulting in filifolia populations are anticipated to estimates calculated in the DEA are
an even distribution of costs shown in be affected by the Foothills-South unlikely to be affected by the SAMP.
Exhibit 5–3. Note that, based on new project are subunits 4c, 4f, and 4h. All (69) Comment: One commenter states
information received during the public three of these units are excluded from that the DEA should offer some cost
comment period, transportation-related the final designation. estimates of the proposed flood control
impacts are removed from units where (67) Comment: One commenter states project discussed at paragraph 139.
B. filifolia is not present, the land is that Exhibit 5–4 of the DEA may be Our Response: Section 5.3 of the DEA
already preserved, the land is already flawed, because not every unit contains considers impacts to flood control
developed, or a plan is already in place a utility corridor. The commenter activities in areas containing habitat for
to move the plants to another location. requests that a more comprehensive Brodiaea filifolia proposed for critical
These units include units/subunits subunit evaluation of potential impacts habitat designation. The best available
described in the DEA as 2, 4a, 4d, 4e, to utility projects be conducted. data were utilized at the time to
8b, 8e, 10, EH–1, EH–2, EH–3, and EH– Our Response: We acknowledge that estimate these potential impacts. While
7. simplifying assumptions are made in we agree that B. filifolia-related
Based on this comment, the Riverside Section 5.2 in order to bound the conservation costs are likely, no
County Transportation Commission was analysis of impacts to utility activities. additional information has become
contacted, and information about A rapid assessment of transmission available since the drafting of the DEA
potential impacts associated with the lines and distribution systems operated that would allow us to quantify or
Highway 79 re-alignment project and by San Diego Gas and Electric was monetize these impacts. The units
the Mid-County Parkway was requested. conducted in order to extrapolate potentially affected, EH5, EH6, and EH7,
At this time, due to the sensitive nature potential impacts across San Diego and are excluded from the final designation.
of the projects and their early stages, a Orange counties. Therefore, actual (70) Comment: One commenter
representative of the commission was future costs to utility activities may be offered the following clarification to
unable to provide specific information higher or lower in certain units page 2–17, section 2.5, paragraph 71: ‘‘It
about whether habitat for Brodiaea presented in Exhibit 5–4. However, the is incorrect to assume that CEQA
filifolia would be impacted. However, costs presented in the final economic requires a lead agency to ‘presume that
he noted that if B. filifolia habitat is analysis represent the best available a project will result in a potentially
identified, project modifications would information at this time. Also note that, adverse environmental impact and to
likely be similar to conservation based on new information received prepare an EIR* * *.’ Rather, CEQA
requirements found in the Western during the public comment period, requires that a project’s impacts be
Riverside County MSHCP. In areas utility-related impacts are removed from disclosed, and those disclosed impacts
containing features essential to the units where Brodiaea filifolia is not mitigated to a point beneath a level of
conservation of the plant, information present, the land is already preserved, significance. If the project is unable to
from cities about potential the land is already developed, or a plan do so, then an EIR is required when
transportation-related impacts is not is already in place to move the plants to determined by the lead agency. A
readily available at this time. another location. These units include 2, predisposition towards EIR preparation
(66) Comment: One commenter states 4a, 4d, 4e, 8b, 8e, 10, EH–1, EH–2, EH– regardless of threshold determination is
that the DEA ignores the costs 3, and EH–7. counter to CEQA precedence.’’
associated with designing, refining, and (68) Comment: One commenter states Our Response: We have incorporated
negotiating a preferred alternative to that the DEA should consider the this clarification into the final economic
avoid Brodiaea filifolia in the Foothill- proposed Special Area Management analysis.
South Corridor. The commenter also Plan (SAMP) for the San Jacinto (71) Comment: One commenter
states that the DEA ignores mitigation watershed and potential economic offered the following clarification to
measures specially designed to address impacts of the critical habitat page 2–17, section 2.5, paragraph 73:
potential B. filifolia impacts, such as designation within the watershed. ‘‘Please note that the Service is an
focused plant surveys, seed collection Our Response: The ACOE is currently integral participant in the NCCP
and salvage measures, soils collection conducting a comprehensive aquatic process. Witness that all letters to
and translocation, and translocation resource plan, called a SAMP, for the participating municipalities are signed
monitoring. Finally the commenter San Jacinto watershed. The purpose of by both the CDFG and the Service.’’
states that the DEA also ignores delay the SAMP is to establish a watershed- Our Response: We appreciate the
costs. wide aquatic resource reserve program, clarification and have incorporated it
Our Response: As discussed in and to minimize individual and into the final economic analysis.
paragraphs 123 through 125, the DEA cumulative impacts of future projects in (72) Comment: One commenter noted
considered impacts to the Foothill- this watershed. The SAMP will result in that Exhibit 6–2 appears to project costs
South project. At that time, the best the issuance of programmatic and to conservancies from 2006–2024, but it
information available suggested that the individual permits issued under section is not clearly stated in the table or text.
preferred alternative would completely 404 of the Clean Water Act. Because the Our Response: We have clarified this
avoid Brodiaea filifolia habitat. sensitive areas identified by the SAMP in the final economic analysis.
However, new information has since are likely to overlap critical habitat, the
been provided by the Transportation SAMP will not provide significant new Summary of Changes From Proposed
Corridor Agencies (TCA), the information about the sensitivity of Rule
organization responsible for this project. these acres. In addition, because the In developing the final critical habitat
Specifically, TCA stated that three DEA assumes that 95 percent of habitat designation for Brodiaea filifolia, we
populations will be affected by the for Brodiaea filifolia that is likely to be reviewed peer and public comments
project and provided information about developed in the next 20 years will be received on our proposed rule and draft
past costs, future mitigation costs, and avoided (see paragraph 94), it is economic analysis; conducted further
evaluation of lands included in our Units/subunits removed from proposed rule as containing features
proposal; and refined our mapping consideration because we determined essential to the conservation of the
boundaries. This final rule reflects they did not support significant species, but which were excluded under
refinements of our mapping process, occurrences of Brodiaea filifolia section 4(b)(2) of the Act. The lands
and removal of areas from critical include: Unit 3 (Aliso Canyon), 4a removed were near Corona and in
habitat designation under section (Arroyo Trabuco), 4d (Prima Moreno Valley. We removed these areas
3(5)(A), exemption under section Deschecha), 4e (Forster Ranch), 4f because they are not known to be
4(a)(3), and exclusions under section (Talega/Segunda Deschecha), 4h occupied by Brodiaea filifolia.
4(b)(2) of the Act. (Christianitos Canyon South), 4i (Blind Approximately 3,062 ac (1,234 ha) of
We refined our mapping to better Canyon), 6a (Alta Creek), 6c (Oceanside/ land in Riverside County containing
delineate habitat containing features Mission Avenue), 7b (Rancho Carrillo), features essential to the conservation of
essential to the conservation of the 8a (Rancho Santa Fe Road North), and B. filifolia are excluded under section
species. For example, we found that 8c (Grand Avenue). 4(b)(2) of the Act.
there were areas within the boundaries Unit 2 (Arrowhead Hot Springs Unit)
Six units/subunits are being excluded
of proposed critical habitat that did not was removed from the final designation
under section 4(b)(2) of the Act. Three
contain the physical or biological because it was incorrectly mapped.
subunits, including 4b (Casper’s Park),
features essential to the conservation of Although the proposed rule correctly
4c (Canada/Gobernadora), and 4g
Brodiaea filifolia such as roads and describes the Arrowhead Hot Springs
(Christianitos Canyon) are within the
buildings. In most cases developed areas unit in the text, the map provided in the
boundaries of the pending Orange
were captured in the proposed critical proposed rule depicted an area known
County Southern Subregion NCCP/HCP,
habitat boundaries because we used a as Waterman Canyon.
Subunits 8e (Linda Vista), 9 (Double which includes the participation of the
328 ft (110 m) minimum grid cell size. County of Orange and Rancho Mission
When preparing this final designation, LL Ranch), and 10 (Highland Valley)
were removed from consideration Viejo, both of which are parties to a
we identified areas where the majority Settlement Agreement for the Ranch
of a grid cell included developed areas, because we could not verify reported
occurrences of Brodiaea filifolia. Plan. Subunits 6b (Mesa Drive) and 6d
then removed these particular cells from (Taylor/Darwin) are within the
We removed subunit 5a (Miller
the boundaries of critical habitat. These boundaries of the pending City of
Mountain) from consideration because
refinements reduced the amount of land Oceanside Subarea Plan of the
the plants in this area are mostly
in subunit 6d (Taylor/Darwin) and Northwestern San Diego County MHCP.
hybrids between Brodiaea filifolia and
subunit 8d (Upham) (Table 1) that Brodiaea orcuttii (Boyd et al. 1992). No Subunit 7a (Fox-Miller) is covered
contain features essential to the information is available regarding the under the City of Carlsbad’s approved
conservation of the species. number of pure B. filifolia within this HMP.
Along with refining our mapping, we occurrence and whether they can be In this final rule, lands on Camp
re-evaluated the occurrences of considered as contributors to the long- Pendleton that were excluded from
Brodiaea filifolia included in proposed term conservation of the species. proposed critical habitat under section
critical habitat. Criteria used to We removed a portion of lands in 4(b)(2) of the Act are now exempt
determine if an occurrence is significant subunit 5b (Devil Canyon) from pursuant to section 4(a)(3) of the Act.
included: occupied habitat supporting a consideration because the area is not
minimum of 850 naturally occurring For more discussion about the areas
known to be occupied by Brodiaea
individuals of B. filifolia and/or exempted or excluded from this final
filifolia.
populations associated with unique We removed subunit 8b (Rancho designation, please refer to the section
habitats (e.g. soils, vegetation, or Santalina/Loma Alta) from ‘‘Application of Section 3(5)(A),
elevation) or peripheral populations consideration under section 3(5)(A) of Exemption Under Section 4(a)(3), and
important for protecting genetic the Act because it is already receiving Exclusions Under Section 4(b)(2) of the
variability across the species’ range. special management considerations (see Act.’’
Based on our review and re- the ‘‘Application of Section 3(5)(A), Overall, these refinements, removals,
evaluation, a total of 12 units/subunits Exemption Under Section 4(a)(3), and exemptions and exclusions resulted in a
were removed from consideration Exclusions Under Section 4(b)(2) of the reduction from 4,690 ac (1,898 ha)
because we determined they were not Act’’). included in the proposed designation to
significant occurrences (see ‘‘Criteria We removed 205 ac (83 ha) of land in 597 ac (242 ha) included in the final
Used to Identify Critical Habitat’’). Riverside County identified in the designation (see Table 1 below).
Proposed critical habitat Final critical habitat

Critical habitat unit/subunit County (ac; ha) (ac; ha)
Unit 1: Los Angeles County ..................................................................... Los Angeles ............ Total 294; 119 ................ Total 294; 119
1a: Glendora ..................................................................................... ................................. 96; 39 ............................. 96; 39
1b: San Dimas .................................................................................. ................................. 198; 80 ........................... 198; 80
Unit 2: Arrowhead Hot Springs ................................................................ San Bernardino ....... 89; 36 ............................. 0
Unit 3: Aliso Canyon ................................................................................ ................................. 151; 61 ........................... 0
Unit 4: Orange County ............................................................................. Orange .................... Total 1,860; 753 ............. Total 0
4a: Arroyo Trabuco ........................................................................... ................................. 74; 30 ............................. 0
4b: Casper’s Wilderness Park .......................................................... ................................. 259; 105 ......................... 0
4c: Cañada Gobernadora/Chiquita Ridgeline ................................... ................................. 311; 126 ......................... 0
4d: Prima Deschecha ....................................................................... ................................. 119; 48 ........................... 0
4e: Forster Ranch ............................................................................. ................................. 96; 39 ............................. 0
4f: Talega/Segunda Deshecha ......................................................... ................................. 190; 77 ........................... 0
4g: Cristianitos Canyon .................................................................... ................................. 588; 238 ......................... 0
4h: Cristianitos Canyon South .......................................................... ................................. 72; 29 ............................. 0
4i: Blind Canyon ............................................................................... ................................. 151; 61 ........................... 0
Proposed critical habitat Final critical habitat

Critical habitat unit/subunit County (ac; ha) (ac; ha)
Unit 5: Northern San Diego County ......................................................... San Diego ............... Total 1,527; 618 ............. Total 249; 101
5a: Miller Mountain ........................................................................... ................................. 1,263; 511 ...................... 0
5b: Devil Canyon .............................................................................. ................................. 264; 107 ......................... 249; 101
Unit 6: Oceanside .................................................................................... ................................. Total 198; 81 .................. Total 0
6a: Alta Creek ................................................................................... ................................. 49; 20 ............................. 0
6b: Mesa Drive ................................................................................. ................................. 5; 2 ................................. 0
6c: Oceanside East/Mission Avenue ................................................ ................................. 64; 26 ............................. 0
6d: Taylor/Darwin .............................................................................. ................................. 80; 32 ............................. 0
Unit 7 ....................................................................................................... ................................. Total 125; 50 .................. Total 0
7a: Fox-Miller .................................................................................... ................................. 93; 38 ............................. 0
7b: Rancho Carrillo ........................................................................... ................................. 32; 13 ............................. 0
Unit 8: San Marcos .................................................................................. ................................. Total 315; 127 ................ Total 54; 22
8a: Rancho Santa Fe Road North .................................................... ................................. 86; 35 ............................. 0
8b: Rancho Santalina/Loma Alta ...................................................... ................................. 82; 33 ............................. 0
8c: Grand Avenue ............................................................................ ................................. 10; 4 ............................... 0
8d: Upham ........................................................................................ ................................. 117; 47 ........................... 54; 22
8e: Linda Vista .................................................................................. ................................. 20; 8 ............................... 0
Unit 9: Double LL Ranch ......................................................................... ................................. 57; 23 ............................. 0
Unit 10: Highland Valley .......................................................................... ................................. 74; 30 ............................. 0
Total ........................................................................................... ................................. 4,690; 1,898 ................... 597; 242
Critical Habitat provide for the essential life cycle needs scientific and commercial data
Critical habitat is defined in section 3 of a species (i.e., areas on which are available, to use primary and original
of the Act as—(i) the specific areas found the primary constituent elements, sources of information as the basis for
within the geographical area occupied as defined at 50 CFR 424.12(b)). recommendations to designate critical
by a species, at the time it is listed in Habitat occupied at the time of listing habitat. When determining which areas
accordance with the Act, on which are may be included in critical habitat only are critical habitat, a primary source of
found those physical or biological if the essential features thereon may information is generally the listing
features (I) essential to the conservation require special management or package for the species. Additional
of the species and (II) that may require protection. Thus, we do not include information sources include the
special management considerations or areas where existing management is recovery plan for the species, articles in
protection; and (ii) specific areas sufficient to conserve the species. (As peer-reviewed journals, conservation
outside the geographical area occupied discussed below, such areas may also be plans developed by States and counties,
by a species at the time it is listed, upon excluded from critical habitat pursuant scientific status surveys and studies,
a determination that such areas are to section 4(b)(2).) Accordingly, when biological assessments, or other
essential for the conservation of the the best available scientific data do not unpublished materials and expert
species. ‘‘Conservation’’ means the use demonstrate that the conservation needs opinion or personal knowledge. All
of all methods and procedures that are of the species require additional areas, information is used in accordance with
necessary to bring an endangered or a we will not designate critical habitat in the provisions of Section 515 of the
threatened species to the point at which areas outside the geographical area Treasury and General Government
listing under the Act is no longer occupied by the species at the time of Appropriations Act for Fiscal Year 2001
necessary. listing. An area currently occupied by (Pub. L. 106–554; H.R. 5658) and the
Critical habitat receives protection the species but was not known to be associated Information Quality
under section 7 of the Act through the occupied at the time of listing will Guidelines issued by the Service.
prohibition against destruction or likely, but not always, be essential to the Habitat is often dynamic, and species
adverse modification of critical habitat conservation of the species and, may move from one area to another over
with regard to actions carried out, therefore, typically included in the time. Furthermore, we recognize that
funded, or authorized by a Federal critical habitat designation. designation of critical habitat may not
agency. Section 7 requires consultation The Service’s Policy on Information include all of the habitat areas that may
on Federal actions that may result in the Standards Under the Endangered eventually be determined to be
destruction or adverse modification of Species Act, published in the Federal necessary for the recovery of the
critical habitat. The designation of Register on July 1, 1994 (59 FR 34271), species. For these reasons, critical
critical habitat does not affect land and Section 515 of the Treasury and habitat designations do not signal that
ownership or establish a refuge, General Government Appropriations habitat outside the designation is
wilderness, reserve, preserve, or other Act for Fiscal Year 2001 (Pub. L. 106– unimportant or may not be required for
conservation area. Such designation 554; H.R. 5658), and the associated recovery.
does not allow government or public Information Quality Guidelines issued Areas that support populations, but
access to private lands. by the Service, provide criteria, are outside the critical habitat
To be included in a critical habitat establish procedures, and provide designation, will continue to be subject
designation, the habitat must contain guidance to ensure that decisions made to conservation actions implemented
the physical and biological features by the Service represent the best under section 7(a)(1) of the Act and to
essential to the conservation of the scientific and commercial data the regulatory protections afforded by
species. Critical habitat designations available. They require Service the section 7(a)(2) jeopardy standard, as
identify, to the extent known using the biologists to the extent consistent with determined on the basis of the best
best scientific data available, areas that the Act and with the use of the best available information at the time of the
action. Federally funded or permitted species was delineated by examining (1) described below and in the final listing
projects affecting listed species outside species occurrence information in Los rule (63 FR 54975, October 13, 1998).
their designated critical habitat areas Angeles, San Bernardino, Orange, Brodiaea filifolia is a perennial herb
may still result in jeopardy findings in Riverside, and San Diego counties from in the Liliaceae (lily family) that
some cases. Similarly, critical habitat the CNDDB and from survey reports; (2) annually produces leaves and flower
designations made on the basis of the vegetation data layers from Orange, stalks from underground corms
best available information at the time of Riverside, and San Diego counties and (underground bulb-like storage stem).
designation will not control the vegetation data layers from the U.S. Corms are dormant in the summer, but
direction and substance of future Forest Service’s Cleveland National leaves begin growing after the first
recovery plans, habitat conservation Forest for Los Angeles and San significant rains in the fall saturate the
plans, or other species conservation Bernardino counties; (3) Natural soil. At the time of flowering, the leaves
planning efforts if new information Resources Conservation Service’s Soil of B. filifolia are dead or nearly so. The
available to these planning efforts calls Survey Geographic Database (SSURGO) flowering period lasts for two to three
for a different outcome. soil data layers for Orange, Riverside, weeks in late spring to early summer.
and San Diego counties, and State Soil Young plants produce only leaves for a
Methods few seasons before being capable of
Geographic Database (STATSGO) soil
As required by section 4(b)(1)(A) of data layers for Los Angeles and San producing flower stalks. Even mature
the Act, we used the best scientific data Bernardino counties; and (4) slope data specimens may not flower every year,
available in determining areas that are derived from a 30-meter digital depending upon environmental
essential to the conservation of Brodiaea elevation model (DEM). These layers conditions. It is estimated that about 10
filifolia. We used data and information were overlaid on digital ortho quarter percent of all specimens flower in an
contained in, but not limited to, the quadrangle (DOQQ) satellite imagery average rainfall year (Vince Scheidt in
proposed listing rule (59 FR 64812, layers, and habitat was delineated in litt. 2005). The six perianth segments are
December 15, 1994); the final listing areas that had an extant species violet, with their tips spreading. The
rule (63 FR 54975, October 13, 1998); occurrence within them, had not staminodia (characteristic sterile
data and information from research and undergone development, had the PCEs, stamens) are narrow and pointed.
survey observations in published, peer- including suitable soil and vegetation All species of Brodiaea are self-
reviewed articles; data provided by the types, and had a slope of less than 20 incompatible (incapable of producing
California Department of Fish and Game degrees. After creating a GIS coverage of seeds with pollen from flowers on the
(CDFG); and data provided by the the essential areas, we created legal same plant or from flowers on plants
California Natural Diversity Database descriptions of these areas. We used a with the same allele at the self-
(CNDDB); data and information 100-meter grid to establish Universal incompatibility locus), requiring cross-
included in reports submitted during Transverse Mercator (UTM), North pollination from plants of the same
section 7 consultations; information American Datum (NAD) 27 coordinates species but with different alleles at this
contained in species analyses for which, when connected, provided the locus. Dispersal of seeds from an
individual and regional HCPs where B. boundaries of the areas containing individual is likely localized, leading to
filifolia is a covered species or is being features essential to the conservation of patches of plants with the same self-
proposed for coverage; data collected on the species. incompatible alleles. This means that
Camp Pendleton; data collected from effective pollination for seed set
reports submitted by researchers Primary Constituent Elements requires pollen dispersal over a distance
holding section 10(a)(1)(A) recovery In accordance with section 3(5)(A)(i) between plants with different self-
permits; and information received from of the Act and regulations at 50 CFR incompatible alleles. Likewise, this
local species experts. We also used 424.12, in determining which areas to necessitates maintenance of pollinator
information contained in comments propose as critical habitat, we are habitat and dispersal corridors. The
received during the comment periods required to base critical habitat vegetative production of small cormlets
for the proposed rule and the draft determinations on the best scientific by the corm is the principal means by
economic analysis. and commercial data available and to which plants of the genus Brodiaea
We are not designating areas outside consider those physical and biological perpetuate themselves (Niehaus 1971).
the geographical areas known to be features, otherwise referred to as Members of the genus Brodiaea likely
occupied by the species and identified primary constituent elements (PCEs), rely on Tumbling Flower Beetles
in the final listing rule (63 FR 54975). essential to the conservation of the (Mordellidae, Coleoptera) and Sweat
The listing rule noted that populations species, and that may require special Bees (Halictidae, Hymenoptera) for
were centered in the cities of Vista, San management considerations or cross-pollination (Niehaus 1971). The
Marcos, and Carlsbad in San Diego protection. These include, but are not home ranges and species fidelity of
County, in the vicinity of the Santa Rosa limited to: Space for individual and these pollinators is not known. Bell and
Plateau in Riverside County, with population growth and for normal Rey (1991) report that native bees
additional ‘‘scattered’’ populations in behavior; food, water, air, light, observed pollinating Brodiaea filifolia
Orange, Los Angeles, Riverside, San minerals, or other nutritional or on the Santa Rosa Plateau in Riverside
Bernardino, and San Diego counties. physiological requirements; cover or County included Bombus californicus
Critical habitat is not being designated shelter; sites for breeding, reproduction, (Apidae, Hymenoptera), Hoplitus sp.
in San Bernardino, Orange and rearing of offspring, germination, seed (Megachilidae, Hymenoptera), Osmia
Riverside counties. Areas in Los dispersal; and generally habitats that are sp. (Megachilidae, Hymenoptera), and
Angeles and San Diego counties protected from disturbance or are an unidentified Anthophorid (digger-
designated as critical habitat and listed representative of the historic bee). Anthophoridae and Halictidae are
in Table 1 are within the geographical geographical and ecological reported to be important pollinators of
areas known to be occupied by the distributions of a species. The specific B. filifolia at a study site in Orange
species. PCEs required for Brodiaea filifolia 1⁄2 County (Glen Lukos Assoc. 2004).
Habitat that contains the features are derived from the physical and Alternative pollen source plants may be
essential to the conservation of the biological needs of the species as necessary for the persistence of these
insects when B. filifolia is not in flower in association with coastal sage scrub in persistence through seedling and adult
seasonally or annually because of poor some locations, including portions of phases of flowering and fruit set
environmental conditions. Los Angeles and San Bernardino described earlier.
Studies to quantify the distance that counties. Clay soils dry out and exhibit surface
bees will fly to pollinate their host Brodiaea filifolia has also been found cracks as surface moisture is depleted
plants are limited in number, but the in the San Mateo Wilderness near the prior to the next rainy season. During
few that exist show that some bees will northern border of San Diego and this period the capsules of many bulb
routinely fly from 328 to 984 feet (ft) Riverside counties and in the Miller and corm-forming species mature. The
(100 to 500 meters (m)) to pollinate Mountain area in the Santa Ana seeds are released to fall to the ground,
plants (Thorp and Leong 1995; Schulke Mountains of western Riverside County. either on the surfaces or into the cracks
and Waser 2001). In a study of These occurrences appear to be mostly in the soil. In this manner some seeds
experimental isolation and pollen hybrids between B. filifolia and B. are dispersed into several horizons in
dispersal of Delphinium nuttallianum orcuttii, although plants of both species the soil. With the fall and winter rains,
(Nuttall’s larkspur), Schulke and Waser can also be found. Plants in the San the clay matrix hydrates, softens,
(2001) report that adequate pollen loads Mateo Wilderness, mostly hybrid types, expands and the cracks close up.
were dispersed by bumblebees within have been observed along the banks of, Seedlings at first only produce leaves
control populations and in isolated and within, intermittent stream and a specialized root. Seedlings of
experimental ‘‘populations’’ from 328 to channels. Plants in the Miller Mountain Brodiaea filifolia are equipped with a
1,312 ft (100 m to 400 m) distant from area have been observed on clay soils in specialized succulent contractile root.
the control populations. One of the southern needlegrass grassland (Boyd et This organ, lost by mature corms,
several pollinator taxa effective at 1,312 al. 1992). In Miller Canyon, a tributary facilitates the seasonal downward
ft (400 m) was Bombus californicus, one that drains the southern flank of Miller movement of the young plant (Niehaus
of four bee species observed pollinating Mountain, B. filifolia and some hybrids 1971). The contractile root swells with
Brodiaea filifolia by Bell and Rey are found on deposits of gravel, cobble, moisture in the wet season, creating
(1991). Studies by Steffan-Dewenter and and small boulders along the stream space below the developing cormlet. As
Tscharntke (2000) have demonstrated channel in association with tussocks of the soil dries the contractile root dries
that it is possible for bees to fly as far Juncus macrophyllus (long-leaved rush) and shrinks longitudinally, drawing the
as 3,280 ft (1,000 m) to pollinate and Muhlenbergia rigens (deer grass) young cormlet downward in the soil.
flowers, and at least one study suggests and in vernal seeps and on open, clay This process continues to a point at
that bumblebees may forage many benches (Boyd et al. 1992). which the soil moisture is adequate to
kilometers from a colony (Sudgen 1985). All members of the genus Brodiaea keep the contractile root from shrinking,
The historical range of Brodiaea appear to require full sun, and many resulting in the location of the corm in
filifolia extends from the foothills of the tend to occur on only one or a few soil the appropriate soil horizon for survival.
San Gabriel Mountains in Los Angeles series (Niehaus 1971). In San Diego, Cormlets produced annually from
County, east to the western foothills of Orange, and Los Angeles counties, existing older corms, also produce
the San Bernardino Mountains in San occurrences of Brodiaea filifolia are contractile roots which draw them
Bernardino County, south through highly correlated with specific clay soil laterally away from the parent corm
eastern Orange and western Riverside series such as, but not limited to, Alo, (Niehaus 1971).
counties to central (Vince Scheidt in litt. Altamont, Auld, and Diablo or clay lens The size of a particular population of
2005) San Diego County. This species is inclusions in a matrix of loamy soils Brodiaea filifolia and other members of
usually found in herbaceous plant such as Fallbrook, Huerhuero, and Las the species, as well as other corm and
communities that occur in open areas Flores series (63 FR 54975, CNDDB bulb forming species, is often measured
on clay soils, soils with a clay 2003, Service GIS data 2004). In San by counting numbers of standing flower
subsurface, or clay lenses within loamy, Bernardino County, the species is stalks. However, because more plants
silty loam, loamy sand, silty deposits associated with Etsel family-Rock flower in wet years than dry years,
with cobbles or alkaline soils, ranging in outcrop-Springdale and Tujunga-Urban flowering plants likely represent only a
elevation from 100 ft (30 m) to 2,500 ft land-Hanford soils (Service GIS data portion of the total population of plants
(765 m), depending on soil series. These 2004). In western Riverside County, the present at any given site. In addition to
herbaceous communities are generally species is often found on alkaline silty- the annual fluctuation in numbers of
classified as annual grassland, valley clay soil series such as, but not limited flowering plants, seedlings and young
needlegrass grassland, valley sacaton to, Domino, Grangeville, Waukena, and plants likely only produce leaves for a
grassland, alkali playa, southern interior Willows or on clay loam soils underlain few years before they are able to
basalt vernal pools, San Diego mesa by heavy clays derived from basalt lava produce flower stalks. These vegetative
hardpan vernal pools, and San Diego flows (i.e., Murrieta series on the Santa plants may go undetected in surveys.
mesa claypan vernal pools (Holland Rosa Plateau) (U.S. Department of
1986). Based upon dominant species, Agriculture 1971, Bramlet 1993, CNDDB Space for Growth of Individuals and
these communities have been further 2003). On these soils, B. filifolia is Populations and for Normal Behavior
divided into series which include, but typically found as a component of Habitats with combinations of
are not limited to, California annual native perennial and annual grasslands. appropriate elevation and clay or clay
grassland, nodding needlegrass, purple In the City of San Marcos in San Diego associated soils, on mesas or low to
needlegrass, foothill needlegrass, County, and near Hemet and on the moderate slopes that support open
saltgrass, alkali grassland, alkali playa, Santa Rosa Plateau in Riverside County, native or annual grasslands within open
and bush seepweed and habitats such as these grasslands are often part of the coastal sage scrub or coastal sage scrub-
San Diego mesa vernal pools, San watersheds for vernal pool and playa chaparral communities (PCE 1A), or in
Jacinto Valley vernal pools, and Santa complexes (Bramlet 1993; Service 1998; floodplains or in association with vernal
Rosa Plateau vernal pools (Sawyer and CNDDB 2005). These soils facilitate the pool or playa complexes that support
Keeler-Wolf 1994). B. filifolia grows in natural process of seed dispersal and various grassland or scrub communities
interstitial areas (often narrow bands of germination, cormlet disposition to an (PCE 1B), or soils derived from olivine
habitat surrounded by other vegetation) appropriate soil depth, and corm basalt lava flows on mesas and slopes
that supports vernal pools with underlain by a clay subsoil (e.g., under sections 4(a)(3) or 4(b)(2) of the
grassland, oak woodland, or savannah Fallbrook, Huerhuero, Las Flores) that Act.
communities (PCE 1C), or sandy loam generally occur on mesas and gentle to We defined habitat containing
soils derived from basalt and moderate slopes, or in association with features essential to the conservation of
granodiorite parent material with vernal pools, between the elevations of the species as areas of intact, occupied
deposits of cobbles and boulders 100 ft (30 m) and 2,500 ft (765 m) and habitat and/or areas necessary to
supporting intermittent seeps, and open support open native or annual grassland maintain gene flow, and/or areas
marsh communities (PCE 1D), provide communities, within open coastal sage containing significant populations.
space for the growth and persistence of scrub or coastal sage scrub-chaparral In our proposed rule we defined
Brodiaea filifolia. These habitats also communities; or significant populations supporting 1,000
sustain the pollinators needed for cross- (B) Silty loam soil series underlain by or more naturally occurring individuals
pollination. a clay subsoil or caliche that are of Brodiaea filifolia and/or those found
generally poorly drained, moderately to in unique habitat; for example,
Food, Water, Air, Light, Minerals, or strongly alkaline, granitic in origin (e.g., populations found within an atypical
Other Nutritional or Physiological Domino, Grangeville, Waukena, vegetative community, on atypical soils,
Requirements Willows), that generally occur in low- and/or at an atypical elevation.
A natural generally intact surface and lying areas and floodplains, often in Populations found within unique
subsurface structure, not permanently association with vernal pool or playa habitat types may harbor genetic
altered by anthropogenic land use complexes, between the elevations of diversity that facilitates their
activities, and associated physical 600 ft (180 m) and 1,800 ft (550 m) and persistence in these areas. This overall
processes such as a hydrological regime support native, annual, or alkali diversity may be important to the
(PCE 2) is necessary to provide water, grassland or scrub communities; or conservation of the species.
minerals, and other physiological needs (C) Clay loam soil series (e.g., In this final designation, we defined
for Brodiaea filifolia. A natural Murrieta) underlain by heavy clay loams significant occurrences as those
hydrological regime includes seasonal or clays derived from olivine basalt lava containing 850 plants or more. This
hydration followed by drying out of the flows that generally occur on mesas and threshold of significance was derived
substrate to promote growth of active gentle to moderate slopes between the from a review of all known population
plants and new corms for the following elevations of 1,700 ft (520 m) and 2,500 estimates in areas proposed for critical
season. These conditions are also ft (765 m) and support native or annual habitat designation. A review of the
necessary for the normal development grassland or oak woodland savannah population estimates in the proposed
of seedlings and young vegetative communities associated with basalt units revealed a significant step between
cormlets. vernal pools; or populations containing 250 or fewer
The conservation of Brodiaea filifolia (D) Sandy loam soils derived from plants and those supporting 850 or
is dependent on several factors that basalt and granodiorite parent materials, more. Barrett and Kohn (1991) have
include, but are not limited to, deposits of gravel, cobble, and boulders, discussed the consequences of small
maintenance of areas of sufficient size or hydrologically fractured weathered population size in plants. They stress
and configuration to sustain natural granite in intermittent streams and the need for maintaining genetic
ecosystem components, functions, and seeps that support open riparian and variability, especially for rare alleles.
processes (e.g., full sun exposure, freshwater marsh communities Maintaining diversity of self-
natural fire and hydrologic regimes, associated with intermittent drainages, incompatible alleles is important to
adequate biotic balance to prevent floodplains, and seeps generally ensure production of fertile seeds and
excessive herbivory); protection of between 1,800 ft (550 m) and 2,500 ft thus is important for the survival of
existing substrate continuity and (765 m). smaller populations. The likelihood of
structure, connectivity among groups of (2) Areas with an intact surface and maintaining this diversity is increased
plants within geographic proximity to subsurface structure not permanently with more individuals. We believe that
facilitate gene flow among the sites altered by anthropogenic land use occurrences supporting at least 850
through pollinator activity and seed activities (e.g., deep, repetitive disking; plants have the most potential to
dispersal; and sufficient adjacent grading). These features as well as contribute to the long-term conservation
suitable habitat for vegetative associated physical processes (e.g., full of the species.
reproduction and population expansion. sunlight exposure) are essential to Often significant populations are also
The areas being designated as critical maintain those substrate and vegetation peripheral populations. Peripheral
habitat provide one or more of the types where Brodiaea filifolia is found populations of a species are separable
physical or biological features essential and to support pollinator assemblages by geographical and/or ecological
to the conservation of this species. necessary to facilitate gene flow within differences from central populations
Lands designated as critical habitat and among populations of B. filifolia. (Lesica and Allendorf 1995).
for Brodiaea filifolia occur within the Conservation of species may depend
Criteria Used To Identify Critical upon protection of the genetic
historical range of the species. Based on
Habitat variability present across the range of a
the best available scientific information
available regarding the life history, We delineated critical habitat using species. Reduced gene flow and limited
ecology, and distribution of this species, the following criteria: (1) Essential seed dispersal may contribute to the
we believe that the primary constituent occurrences; (2) presence of suitable genetic diversity of peripheral
elements for B. filifolia are: vegetation; (3) presence of suitable soil populations attributable to genetic drift
(1) Appropriate soil series and types; and (4) an area about 820 ft (250 from central populations. Population
associated vegetation at suitable m) of vegetation surrounding each divergence may also be attributed to
elevations of either: occurrence to provide for pollinator differences in habitat such as soil types,
(A) Clay soil series of various origins movement and habitat. We then fire frequency, and climate (Lesica and
(e.g., Alo, Altamont, Auld, Diablo), clay evaluated the critical habitat areas to Allendorf 1995). Ornduff (1966) found
lenses found as unmapped inclusions in determine if any areas should be the highest concentration of
other soils series, or within loamy soils exempted or excluded from designation morphological and cytological variants
at the margin of the geographic range of behavior of the pollinator species species may compete for space and
species of Lasthenia. For these reasons, identified on B. filifolia, we based the resources.
conservation of geographically (e.g., Los 820 ft (250 m) distance on a Authorized and unauthorized
Angeles County) and ecologically (e.g., conservative estimate for mean routine recreation activities may impact the
Devil Canyon) peripheral populations flight distance for bees. These 820 ft vegetation composition and soil
may be essential for the conservation of (250 m) areas contain suitable soils and structure to an extent that the area will
B. filifolia. vegetation required by all stages of the no longer have intact soil surfaces or
Currently, the exact number of extant species’ lifecycle and provide for gene support associated vegetation as
populations or occurrences of Brodiaea flow, pollen dispersal, seed dispersal, identified in the primary constituent
filifolia is unknown. Reasons for this and germination. elements. Public hiking trails and/or off-
include the lack of surveys in all areas When determining critical habitat road vehicle activity are examples of
of suitable habitat, false negative survey boundaries, we made every effort to this type of activity.
results yielded during inappropriate avoid the designation of developed land Some methods of mowing and disking
seasons, and variation in how survey such as buildings, paved areas, and for agricultural or fire management may
data is recorded. For example, some other structures that lack PCEs for preclude the full and natural
surveyors may record populations Brodiaea filifolia. Any such structures, development of Brodiaea filifolia by
within close proximity as a single and the land under them, inadvertently adversely affecting the primary
occurrence while others may record left inside the mapped critical habitat constituent elements. Mowing may
each population as an individual boundaries due to scale have been reduce the production and dispersal of
occurrence. Table 3 of Bramlet and excluded by text in the rule and are not seeds, alter the associated vegetation
White (2004) contains a working list of designated as critical habitat. Therefore, needed for pollinator activity, or reduce
approximately 83 sites where B. filifolia Federal actions limited to these areas the number and vigor of plants present
has been reported. However, some of would not trigger section 7 by cutting off the leaves (PCE# 2).
these sites are included with others as Dumping of sewage sludge can cover
consultations, unless they affect the
single occurrences by the CNDDB, plants as well as the soils they need. In
species and/or primary constituent
others have no locator, no population addition this practice can alter the
elements in adjacent critical habitat.
description, are translocated chemistry of the substrate and lead to
populations, or were considered Special Management Considerations or alterations in the vegetation supported
extirpated. These sites were not Protection at the site (PCE# 1).
considered further. Occurrences Several management actions can
When designating critical habitat, we preserve the PCEs for Brodiaea filifolia.
comprised solely of translocated plants assess whether the identified primary
were not considered to contain the Foremost among these is avoidance of
constituent elements (PCEs) may require habitat known to be occupied. However,
features essential to the conservation of special management considerations or
the species because their potential for set-aside areas must usually include
protection. Threats to the PCEs for some form of management to address
long-term survival and contribution to
Brodiaea filifolia include the direct and other threats to the PCEs (e.g., non-
the species’ gene pool is currently
indirect effects of habitat loss and native plant invasion). Loss of habitat or
unknown.
Where possible, we delineated a degradation from urban development; degradation of soils can be avoided with
vegetative area of 820 ft (250 m) around invasive plant species; recreational appropriate grading and soil
each occurrence included in this activities; agricultural practices; management as part of development.
designation to provide for pollinator mowing; and dumping of manure and Slope grading so as to avoid inflow or
movement and habitat. One study found sewage sludge on suitable habitat. outflow of sediments may protect the
a 50 percent reduction in seed set when Loss and degradation of habitat from integrity of the onsite soils that support
pollinator habitat was 3,280 ft (1,000 m) development was cited in the final B. filifolia and associated vegetation.
from a target plant species and at 820 ft listing rule as a primary cause for the Dumping of sewage sludge should be
(250 m) for another target plant species decline of Brodiaea filifolia. Most of the avoided in all areas containing B.
(Steffan-Dewenter and Tscharntke populations of this species are located filifolia. The components in sludge can
1999). Studies also suggest that the in San Diego, Orange, and Riverside permanently alter the soil chemistry as
degradation of pollinator habitat is counties. These counties have had and well as the vegetation it supports.
likely to adversely affect the abundance continue to have increasing populations Invasive plant species may be
of pollinator species (Jennersten 1988; and attendant housing pressure. Natural managed by reducing the overgrowth of
Rathcke and Jules 1993; Steffan- areas in these counties are frequently these plants through a combination of
Dewenter and Tscharntke 1999). The near or bounded by urbanized areas. clearing, mowing, and/or thatch
various pollinator species associated Urban development removes the plant removal. Any temporary impacts from
with Brodiaea filifolia as well as studies community components and associated recreational activities could be timed to
quantifying insect pollinating flight clay soils identified in the primary avoid the most sensitive time of year
distances are discussed in the constituent elements. This eliminates or and hydrological conditions for
‘‘Background’’ section of this rule. fragments the populations of B. filifolia. Brodiaea filifolia. Mowing and disking
Studies to quantify the distance that Urbanization may also indirectly alter for agricultural or fire suppression
bees will fly to pollinate their host surface as well as subsurface layers to purposes could be located in such a
plants are limited in number, but the the degree that they will no longer manner so as to avoid known
few that exist indicate that some bees support plant community types known populations of the species. Habitat
will routinely fly from 328 to 984 ft (100 to be associated with B. filifolia. enhancement can allow for additional
to 500 m) to pollinate plants with some Invasive plant species may alter the habitat for pollinators as well as for B.
flying at least 3,280 ft (1,000 m) to vegetation composition or physical filifolia.
pollinate flowers (Schulke and Waser structure identified in the primary
2001; Steffan-Dewenter and Tscharntke constituent elements to an extent that Critical Habitat Designation
2000). Because we do not currently have the area does not support B. filifolia or We are designating 597 ac (242 ha) of
much information on specific visitation its associated vegetation and invasive critical habitat within 4 units/subunits
in Los Angeles and San Diego counties. under section 4(a)(3) of the Act (see are included in this designation. Table
Habitat containing features essential to ‘‘Application of Section 3(5)(A), 2 provides the approximate area of
the conservation of Brodiaea filifolia in Exemption Under Section 4(a)(3), and critical habitat by county and land
Riverside, Orange, and San Diego Exclusions Under Section 4(b)(2) of the ownership. Table 3 provides the
counties covered by approved and/or Act’’ for a detailed discussion). Areas approximate area of areas containing
pending HCPs, or a Settlement designated as critical habitat are under features essential to the conservation of
Agreement has been excluded from this Federal and private ownership. The the species, areas excluded from the
final designation. Habitat containing species is not currently known to occur final designation, and total critical
features essential to the conservation of on any Tribal-owned lands within its habitat designated for B. filifolia.
B. filifolia on Camp Pendleton is exempt range; therefore, no Tribal-owned lands
TABLE 2.—LAND OWNERSHIP ACREAGE (ACRES (AC); HECTARES (HA)) AND COUNTY OF UNITS AND SUBUNITS
DESIGNATED AS FINAL CRITICAL HABITAT FOR BRODIAEA FILIFOLIA.
Private *Federal Total
Critical habitat unit & subunit County (ac; ha) (ac; ha) (ac; ha)
Unit 1: Los Angeles County .............................................................................. Los Angeles ........................ ........................ ........................
1a: Glendora .............................................................................................. ...................... 96; 39 0 96;39
1b: San Dimas ........................................................................................... ...................... 178; 72 20; 8 198; 80
Unit 5: Northern San Diego County .................................................................. San Diego .... ........................ ........................ ........................
5b: Devil Canyon ........................................................................................ ...................... 0 249; 101 249; 101
Unit 8: San Marcos ........................................................................................... ...................... ........................ ........................ ........................
8d: Upham .................................................................................................. ...................... 54; 22 0 54; 22
Total .................................................................................................... ...................... 328; 133 269; 109 597; 242

*Federal lands included in this designation are managed by the Angeles National Forest and the Cleveland National Forest.
TABLE 3.—AREAS CONTAINING FEATURES ESSENTIAL TO THE CONSERVATION OF THE SPECIES, AREAS EXEMPTED OR EX-
CLUDED FROM THE DESIGNATION, AND TOTAL CRITICAL HABITAT DESIGNATED FOR Brodiaea filifolia IN ACRES (AC)
AND HECTARES (HA)
Please note that discrepancies in totals are due to rounding.
Total habitat Habitat ex-

with features empted/ex-
essential to Designated
County cluded from
the conserva- critical habitat
the final des-
tion of the ignation
species
Los Angeles ...................................................................................................................................... 294 ac .......... 0 ac .............. 294 ac.

119 ha .......... 0 ha .............. 119 ha.
San Bernardino ................................................................................................................................ 0 ac .............. 0 ac .............. 0 ac.
0 ha .............. 0 ha .............. 0 ha.
Orange .............................................................................................................................................. 1,158 ac ....... 1,158 ac ....... 0 ac.
469 ha .......... 469 ha .......... 0 ha.
Riverside ........................................................................................................................................... 3,062 ac ....... 3,062 ac ....... 0 ac.
1,239 ha ....... 1,239 ha ....... 0 ha.
San Diego ......................................................................................................................................... 1884 ac ........ 1580 ac ........ 303 ac.
762 ha .......... 639 ha .......... 123 ha.
Total .......................................................................................................................................... 6,397 ac ....... 5800 ac ........ 597 ac.
2589 ha ........ 2,347 ha ....... 242 ha.
The units described below constitute are included in the designation are subunit identifiers allows for easier
our best assessment at this time of those listed below. Unit descriptions also comparison between the proposed
areas containing features essential to the include the size of the unit, the general critical habitat and final critical habitat
conservation of Brodiaea filifolia. Each vegetation and soil types present in the maps.
unit or subunit contains the PCEs unit, any known threats specific to the
Unit Descriptions
related to an intact surface and unit, and numbers of individual plants,
subsurface structure essential to if known. Because the species may be Unit 1: Los Angeles County Unit—
maintain the identified soil and present as mature but non-flowering This unit consists of 294 ac (119 ha)
vegetation types where the species is corms or immature corms rather than divided into 2 subunits.
found, and support for pollinator flowering plants, the number of Subunit 1a: Glendora. This subunit,
assemblages necessary to facilitate gene individuals given should be considered known to be occupied at the time of
flow within and among populations of an estimate of the minimum number of listing, consists of 96 ac (39 ha) of
B. filifolia. Lands within each unit or plants present. In this final rule we have private lands in the City of Glendora, in
subunit are also currently occupied and retained the same unit/subunit the foothills of the San Gabriel
within the historical range of B. filifolia. identifiers that we used in the proposed Mountains, eastern Los Angeles County.
Descriptions of each final critical designation for this species. We believe Lands within this subunit contain
habitat unit and the reasons why they the consistent use of one set of unit/ Cieneba-Exchequer-Sobrant soils, a type
of silty loam, and consist primarily of property has been taken (D. Walter, development, and special management
southern mixed chaparral and coastal Senior Planner City of Glendora pers. may be required to minimize
sage scrub. This population represents comm. to G. Wallace USFWS 2005). disturbance to the surface and
only one of two occurrences located in This site is threatened by urban subsurface structure within this subunit
the foothills of the San Gabriel development. The City of Glendora has and to maintain the identified soil and
Mountains part of the Transverse Range, reviewed several proposals for vegetation types.
where the species was historically development of this area (D. Walter,
Senior Planner City of Glendora pers. Effects of Critical Habitat Designation
found, and represents the nearest
genetic connection to the San Dimas comm. to G. Wallace USFWS 2005). In Section 7 Consultation
subunit. This unit supports a significant addition, the City of Glendora has Section 7 of the Act requires Federal
occurrence of about 2,000 Brodiaea halted illegal grading on a property in agencies, including the Service, to
filifolia associated with annual the northern portion of the subunit.
ensure that actions they fund, authorize,
grassland interstices in mixed chaparral. Therefore, special management may be
or carry out are not likely to destroy or
This occurrence is also significant required to minimize disturbance to the
adversely modify critical habitat. Such
because it is the northernmost known surface and subsurface structure within
alterations include, but are not limited
occurrence of the species. Populations this subunit and to maintain the
to: Alterations adversely modifying any
reported at this site in 1991 represent identified soil and vegetation types as
of those physical or biological features
the rediscovery of a population last well as pollinator habitat essential to the
that were the basis for determining the
documented in 1921 (CNDDB 2005). conservation of the species.
Subunit 5b: Devil Canyon. This habitat to be critical. We are currently
The site is owned and managed by the reviewing the regulatory definition of
Glendora Community Conservancy subunit consists of 249 ac (101 ha) of
federally managed land (Cleveland adverse modification in relation to the
(GCC). Currently, no management plan conservation of the species.
has been developed for these lands, National Forest) in northeastern San
Diego County. Lands within this subunit Section 7(a) of the Act requires
although the GCC has indicated that Federal agencies, including the Service,
they are willing to develop a support an occurrence of Brodiaea
filifolia estimated in the thousands to evaluate their actions with respect to
management plan for this species on any species that is proposed or listed as
their property (Ann Croissant, GCC pers. (CNDDB 2005). Although there are some
hybrids of B. filifolia and B. orcuttii in endangered or threatened and with
comm. to G. Wallace USFWS 2005). respect to its critical habitat, if any is
Special management considerations this subunit, the level of hybridization
is less extensive than in the Miller proposed or designated. Regulations
may be required to control invasive implementing this interagency
plant species; to maintain the identified Mountain area; therefore, it is likely that
a minimum of 850 plants are pure B. cooperation provision of the Act are
vegetation types as well as pollinator codified at 50 CFR part 402.
habitat essential to the conservation of filifolia. This occurrence is also
significant in that it is found at the Section 7(a)(4) of the Act requires
the species. Federal agencies to confer with us on
uppermost elevation range within the
Subunit 1b: San Dimas subunit. This geographic area occupied by the species. any action that is likely to jeopardize
subunit consists of 198 ac (80 ha) of This occurrence is found in an the continued existence of a proposed
Federal (Angeles National Forest) and ecologically unique habitat of vernal species or result in destruction or
privately owned lands on the boundary seeps and drainages on low granitic adverse modification of proposed
between the City of Glendora and the outcrops in chamise chaparral (CNDDB critical habitat. Conference reports
City of San Dimas in the foothills of the 2005). The Cleveland National Forest provide conservation recommendations
San Gabriel Mountains of eastern Los does not currently have a management to assist the agency in eliminating
Angeles County. Lands within this plan specific to Brodiaea filifolia, conflicts that may be caused by the
subunit contain Cieneba-Exchequer- however, timing of cattle grazing has proposed action. We may issue a formal
Sobrant soils, a type of silty loam, and been adjusted to avoid the flowering conference report if requested by a
consist primarily of coastal sage scrub period for the species (Kirsten Winter, Federal agency. Formal conference
and southern mixed chaparral. Lands in Forest Botanist, pers. comm. 2004). reports on proposed critical habitat
this subunit support two significant Special management may be required to contain an opinion that is prepared
populations totaling about 6,000 plants minimize disturbance to the surface according to 50 CFR 402.14, as if critical
associated with interstitial annual structure within this subunit, to control habitat were designated. We may adopt
grassland near chaparral (CNDDB 2005). invasive species, and to maintain the the formal conference report as the
The occurrences are also significant identified vegetation types as well as biological opinion when the critical
because they are peripheral to the range pollinator habitat essential to the habitat is designated, if no substantial
of the species. This is one of only two conservation of the species. new information or changes in the
areas in the foothills of the San Gabriel Subunit 8d: Upham. This subunit action alter the content of the opinion
Mountains of the Transverse Range consists of 54 ac (22 ha) of privately (see 50 CFR 402.10(d)). Until such a
where Brodiaea filifolia occurred owned land in the City of San Marcos, time as a proposed designation is
historically, and represents the only northern San Diego County. The subunit finalized, any reasonable and prudent
likely genetic connection to plants in is immediately surrounded by urban alternatives or reasonable and prudent
the Glendora subunit. While B. filifolia development. However, areas of extant measures included in a conference
is not currently known to occur on the valley and foothill grasslands exist in report are advisory.
Angeles National Forest, it occurs just the surrounding area. This occurrence If a species is listed or critical habitat
outside the boundary. Approximately 20 contained about 1,000 plants in 1986 is designated, section 7(a)(2) requires
ac (8 ha) of Angeles National Forest and again in 1995 (CNDDB 2005). In Federal agencies to ensure that activities
lands are included in the designation to addition, the occurrence of Brodiaea they authorize, fund, or carry out are not
provide for pollinator habitat. The City filifolia in this subunit occurs in a likely to jeopardize the continued
of Glendora conducted an appraisal for unique habitat in that the plants are in existence of such species or destroy or
a portion of the area for consideration of association with vernal pools. Plants in adversely modify its critical habitat. If a
acquisition, but no action to acquire the this subunit are threatened by urban Federal action may affect a listed
species or its critical habitat, the permitted do not require section 7 clearing or grubbing in the watershed
responsible Federal agency (action consultation. upslope from B. filifolia);
agency) must enter into consultation Each of the areas designated in this (5) Road construction and
with us. Through this consultation, the rule has been determined to contain maintenance, right-of-way designation,
action agency ensures that their actions sufficient PCEs to provide for one or and regulation of agricultural activities,
do not destroy or adversely modify more of the life history requirements of or any activity funded or carried out by
critical habitat. B. filifolia. In some cases, the PCEs are the Department of Transportation or
When we issue a biological opinion being taken into consideration in Department of Agriculture that could
concluding that a project is likely to ongoing Federal actions. As a result, result in excavation, or mechanized
result in the destruction or adverse ongoing Federal actions at the time of land clearing of Brodiaea filifolia
modification of critical habitat, we also designation will be included in the habitat; and
provide reasonable and prudent baseline in any consultation conducted (6) Licensing of construction of
alternatives to the project, if any are subsequent to this designation. communication sites by the Federal
identifiable. ‘‘Reasonable and prudent Section 4(b)(8) of the Act requires us Communications Commission or
alternatives’’ are defined at 50 CFR to briefly evaluate and describe in any funding of construction or development
402.02 as alternative actions identified proposed or final regulation that activities by the U.S. Department of
during consultation that can be designates critical habitat those Housing and Urban Development that
implemented in a manner consistent activities involving a Federal action that could result in excavation, or
with the intended purpose of the action, may destroy or adversely modify such mechanized land clearing of Brodiaea
that are consistent with the scope of the habitat, or that may be affected by such filifolia habitat.
The 4 critical habitat units are within
Federal agency’s legal authority and designation. Activities that may destroy
the geographical area occupied by the
jurisdiction, that are economically and or adversely modify critical habitat may
species and contain the features
technologically feasible, and that the also jeopardize the continued existence
essential to the conservation of Brodiaea
Director believes would avoid of Brodiaea filifolia. Federal activities
filifolia. Additionally, all habitats
destruction or adverse modification of that, when carried out, may adversely
within this designation are likely to be
critical habitat. Reasonable and prudent affect critical habitat for B. filifolia
used by the pollinators for the species.
alternatives can vary from slight project include, but are not limited to:
modifications to extensive redesign or (1) Removing, thinning, or destroying Application of Section 3(5)(A),
relocation of the project. Costs Brodiaea filifolia habitat (as defined in Exemption Under Section 4(a)(3), and
associated with implementing a the ‘‘Primary Constituent Elements’’ Exclusions Under Section 4(b)(2) of the
reasonable and prudent alternative are discussion), whether by burning, Act
similarly variable. mechanical, chemical, or other means In our critical habitat designations, we
Regulations at 50 CFR 402.16 require (e.g., plowing, grubbing, grading, use the provisions outlined in sections
Federal agencies to reinitiate grazing, woodcutting, construction, road 3(5)(A), 4(a)(3), and 4(b)(2) of the Act to
consultation on previously reviewed building, mining, mechanical weed evaluate those specific areas that we are
actions in instances where critical control, herbicide application, etc.); considering for critical habitat
habitat is subsequently designated and (2) Activities that degrade or destroy designation. Lands that we determined
the Federal agency has retained Brodiaea filifolia habitat (and its PCEs) do not meet the definition of critical
discretionary involvement or control including, but not limited to, livestock habitat under section 3(5)(A), lands that
over the action or such discretionary grazing, clearing, disking, farming, have been exempted under section
involvement or control is authorized by residential or commercial development, 4(a)(3), and areas excluded under
law. Consequently, some Federal introducing or encouraging the spread section 4(b)(2) include those already
agencies may request reinitiation of of nonnative species, off-road vehicle receiving special management
consultation or conference with us on use, and heavy recreational use; considerations or protection, are
actions for which formal consultation (3) Activities that diminish habitat covered by legally operative HCPs that
has been completed, if those actions value or quality through indirect effects include Brodiaea filifolia as a covered
may affect designated critical habitat or (e.g., edge effects, invasion of exotic species, are covered by a INRMP that
adversely modify or destroy proposed plants or animals, or fragmentation); was determined to provide a benefit to
critical habitat. (4) Any activity, including the the species, or are proposed for coverage
Federal activities that may affect regulation of activities by the Corps of in a draft HCP or other identified
Brodiaea filifolia or its critical habitat Engineers under section 404 of the conservation effort for which we have a
will require section 7 consultation. Clean Water Act or activities carried out reasonable expectation will reach a
Activities on non-Federal lands by or licensed by the Environmental successful outcome.
requiring a permit from a Federal Protection Agency (EPA), that could
agency, such as a permit from the U.S. alter watershed or soil characteristics in Application of Section 3(5)(A) of the Act
Army Corps of Engineers under section ways that would alter or reduce the Section 3(5)(A) of the Act defines
404 of the Clean Water Act, a section quality or quantity of surface and critical habitat as the specific areas
10(a)(1)(B) permit from the Service, or subsurface flow of water needed to within the geographical area occupied
some other Federal action, including maintain Brodiaea filifolia habitat (these by the species at the time of listing on
funding (e.g., Federal Highway activities include, but are not limited to, which are found those physical or
Administration or Federal Emergency altering the natural fire regime either biological features (I) essential to the
Management Agency) will also continue through fire suppression or by using conservation of the species and (II)
to be subject to the section 7 prescribed fires that are too frequent or which may require special management
consultation requirement. Federal poorly timed; development, including considerations or protection. Therefore,
actions not affecting listed species or road building and other direct or areas within the geographical area
critical habitat and actions on non- indirect activities; and agricultural occupied by the species at the time of
Federal and private lands that are not activities, livestock grazing, and listing that do not contain the features
federally funded, authorized, or vegetation manipulation such as essential for the conservation of the
species are not, by definition, critical Posas Road/State Route 78 Interchange of the Sikes Act (16 U.S.C. 670a), if the
habitat. Similarly, areas within the Project. The total acreage of the Preserve Secretary determines in writing that
geographical area occupied by the Site is 6.8 acres. The site will be such plan provides a benefit to the
species at the time of listing containing preserved and managed in perpetuity species for which critical habitat is
essential physical or biological features with funding provided through a non- proposed for designation.
that do not require special management wasting endowment of $103,888 (Office We received comments from the U.S.
considerations or protection also are of Administrative Law 2003). The site Marine Corps regarding the proposed
not, by definition, critical habitat. To will be protected from human and critical habitat designation, and
determine whether an area requires vehicular access by perimeter fencing economic impact and national security
special management, we first determine and signage and will be part of the impact on Department of Defense lands.
if the features essential to the Northwestern San Diego County We specifically requested information
conservation of the species located there Multiple Habitat Conservation Program from the Department of Defense
generally require special management to preserve area. regarding the benefits of any INRMP to
address applicable threats. If those The goals of the management plan are Brodiaea filifolia in the proposed rule
features do not require special to preserve the natural population and (69 FR 71284).
management, or if they do in general but translocated plants of Brodiaea filifolia,
Application of Section 4(a)(3) to Camp
not for the particular area in question and to sustain the coastal sage scrub and
Pendleton
because of the existence of an adequate grassland vegetation to support and
management plan or for some other buffer the population on site. The site In the proposed rule, we excluded
reason, then the area does not require will be monitored for translocation habitat containing features essential to
special management. success for seven years. the conservation of Brodiaea filifolia
We consider a current plan to provide The Loma Alta project has completed within mission-critical training areas on
adequate management or protection if it a Perpetual Land Management Plan that Camp Pendleton (Camp Pendleton)
meets two criteria: (1) The plan provides provides a conservation benefit for under section 4(b)(2) of the Act. In this
management, protection or Brodiaea filifolia. An area of 0.74 ac (0.3 final rule, Camp Pendleton is exempt
enhancement to the PCEs at least ha) that has been known to support from critical habitat pursuant to section
equivalent to that provided by a critical approximately 4,000 plants will be 4(a)(3) of the Act. Thus, no lands owned
habitat designation; and (2) the Service included in the 4.86 acre Loma Alta or controlled by Camp Pendleton are
has a reasonable expectation that the Environmental Preserve. A conservation being designated as critical habitat for B.
management, protection or easement was placed over the Preserve filifolia.
enhancement actions will continue for area in December 2003 (City of San In November 2001, Camp Pendleton
the foreseeable future. Marcos 2003). Management provisions completed their INRMP (U.S. Marine
We are not including habitat for the site include 12 visits per year to Corps 2001), which includes the
containing features essential to the the site: 9 visits to check for fence following conservation measures for
conservation of Brodiaea filifolia in breaks and unauthorized activities, 1 Brodiaea filifolia: (1) Surveys and
subunit 8b (Rancho Santalina/Loma visit to complete vegetation assessments monitoring, studies, impact avoidance
Alta) in the City of San Marcos, San including the current year’s population and minimization, and habitat
Diego County, California, under section of B. filifolia, 1 visit to remove trash and restoration and enhancement; (2)
3(5)(A) of the Act. This subunit is exotic species, and 1 visit for a spring species survey information stored in
composed of two properties, Rancho point avian survey. Camp Pendleton’s GIS database and
Santalina and Loma Alta. Rancho We found that most of the recorded in a resource atlas which is
Santalina has completed a long-term management actions proposed in the published and updated on a semi-
management plan that specifically two management plans outlined above annual basis; (3) use of the resource
addresses B. filifolia. Likewise, the would be effective and provide a atlas to plan operations and projects to
Loma Alta development has submitted a conservation benefit for B. filifolia. avoid impacts to B. filifolia and to
Perpetual Habitat Management Plan that Therefore, all of these areas containing trigger section 7 consultations if an
addresses B. filifolia. In determining features essential to the conservation of action may affect the species; and (4)
whether an area is adequately managed B. filifolia within the Rancho Santalina/ transplantation when avoidance is not
and does not require special Loma Alta subunit (8b) are being possible. These measures are
management, the Service generally removed from consideration in this final established, ongoing aspects of existing
evaluates existing management to critical habitat designation because programs that provide a benefit to B.
determine whether it provides (1) a these lands are deemed to be adequately filifolia. Camp Pendleton also has Base
conservation benefit to the species; (2) managed pursuant to section 3(5)(A) of directives and Range and Training
reasonable assurances for the Act. Regulations that are integral to their
implementation; and (3) reasonable INRMP, and that provide benefits to B.
assurances that conservation efforts will Relationship of Critical Habitat to filifolia. Camp Pendleton implements
be effective. Department of Defense Lands Base directives to avoid and minimize
The Rancho Santalina project Section 318 of the fiscal year 2004 adverse effects to B. filifolia, such as: (1)
includes a completed a long-term National Defense Authorization Act Bivouac, command post, and field
management plan in November 2003, (Pub. L. 108–136) amended the Act by support activities should be no closer
specifically for the long-term protection adding a new section 4(a)(3)(B) to than 164 ft (50 m) to occupied habitat
and enhancement of Brodiaea filifolia address the relationship of INRMPs to year round; (2) limiting vehicle and
(Dudek and Associates 2003). critical habitat. This provision prohibits equipment operations to existing road
Approximately 1,500 plants on 5.8 acres the Service from designating as critical and trail networks year round; and (3)
will be included in a Preserve Site. habitat any lands or other geographical requiring environmental clearance prior
Impacted plants (about 430) from the areas owned or controlled by the to any soil excavation, filling, or
site will be translocated to the Department of Defense (DoD), or grading. Camp Pendleton has also
contiguous 1 ac (.4 ha) area. Additional designated for its use, that are subject to contracted for and funded surveys for B.
plants will be translocated from the Las an INRMP prepared under section 101 filifolia in summer 2005 and a GIS-
based monitoring system which will provides a benefit for B. filifolia and is partnerships, if we determine the
allow them to better manage listed exempting all lands on Camp Pendleton benefits of excluding an area from
species on Camp Pendleton, including from critical habitat pursuant to section critical habitat outweigh the benefits of
B. filifolia. 4(a)(3) of the Act. including the area in critical habitat,
Camp Pendleton has also Currently, we are in the process of provided the action of excluding the
demonstrated ongoing funding of their completing a programmatic section 7 area will not result in the extinction of
INRMP and management of endangered consultation for upland species on the species.
and threatened species. In Fiscal Year Camp Pendleton. Brodiaea filifolia is
Under section 4(b)(2) of the Act, we
2002, Camp Pendleton spent addressed in this uplands species
are excluding critical habitat from
approximately $1.5 million on the consultation. When this consultation is
management of federally listed species. approximately 4,883 ac (1,976 ha) of
completed, we anticipate that Camp
In Fiscal Year 2003, they expended over non-Federal lands within approved or
Pendleton will incorporate the
$5 million to fund and implement their conservation measures from the pending HCPs. We are excluding non-
INRMP, including management actions Biological Opinion into their INRMP. At Federal lands from critical habitat
that provided a benefit for Brodiaea that time, Camp Pendleton’s INRMP within the approved (1) Western
filifolia. Moreover, in partnership with will provide further benefits to B. Riverside County Multiple Species
the Service, Camp Pendleton is funding filifolia. Habitat Conservation Plan (MSHCP)
two Service biologists to assist in (3062 ac, 1239 ha); (2) Villages of La
implementing their Sikes Act program Relationship of Critical Habitat to Costa Habitat Conservation Plan (HCP)
and buffer lands acquisition initiative. Approved and Pending Habitat (208 ac, 84 ha); and (3) Northwestern
Based on Camp Pendleton’s past Conservation Plans (HCPs)—Exclusions San Diego County Multiple Habitat
funding history for listed species and Under Section 4(b)(2) of the Act Conservation Program (MHCP): City of
their Sikes Act program (including the Section 4(b)(2) of the Act states that Carlsbad Subarea Plan/Habitat
management of Brodiaea filifolia), there critical habitat shall be designated, and Management Plan (City of Carlsbad
is a high degree of certainty that Camp revised, on the basis of the best HMP) (414 ac, 168 ha). We are also
Pendleton will implement their INRMP available scientific data after taking into excluding non-Federal lands from
in coordination with the Service and the consideration the economic impact, critical habitat within two pending
CDFG in a manner that provides a national security impact, and any other HCPs, the (4) City of Oceanside HMP,
benefit to B. filifolia, coupled with a relevant impact of specifying any also a Subarea Plan under the
high degree of certainty that the particular area as critical habitat. An Northwestern San Diego County MHCP
conservation efforts of their INRMP will area may be excluded from critical (41 ac, 17 ha) and (5) Orange County
be effective. Service biologists work habitat if it is determined that the Southern Subregion Natural
closely with Camp Pendleton on a benefits of exclusion outweigh the Communities Conservation Plan
variety of endangered and threatened benefits of specifying a particular area (NCCP)/HCP) (1,158 ac, 468 ha). Table
species issues, including B. filifolia. The as critical habitat, unless the failure to 4 below provides a list of the
management programs, Base directives, designate such area as critical habitat exemptions and exclusions in this rule.
and Range and Training Regulations to will result in the extinction of the We have determined that the benefits of
avoid and minimize impacts to B. species. Consequently, we may exclude excluding areas within these legally
filifolia are consistent with section 7 an area from critical habitat based on operative and pending HCPs from final
consultations with Camp Pendleton. economic impacts, impacts on national critical habitat designation outweigh the
Therefore, the Secretary has found that security, or other relevant impacts, such benefits of including them in critical
the INRMP for Camp Pendleton as preservation of conservation habitat.
TABLE 4.—ACREAGE OF HABITAT CONTAINING FEATURES ESSENTIAL TO THE CONSERVATION OF THE SPECIES, AREAS EX-
CLUDED OR EXEMPTED FROM CRITICAL HABITAT, AND DESIGNATED CRITICAL HABITAT (ACRES (AC); HECTARES (HA))
FOR BRODIAEA FILIFOLIA
Total habitat containing features essential to the conservation of Brodiaea filifolia ............................................................................ 6,397 ac.
2,589 ha.
Habitat excluded from the final critical habitat designation under section 4(b)(2) of the Act:
Western Riverside County Multiple Species Habitat Conservation Plan (Riverside County) ....................................................... 3,062 ac.
1,239 ha.
Villages of La Costa Habitat Conservation Plan (San Diego County) .......................................................................................... 208 ac.
84 ha.
City of Carlsbad Habitat Management Plan (San Diego County) ................................................................................................. 414 ac.
368 ha.
Pending City of Oceanside Subarea Plan (San Diego County) .................................................................................................... 41 ac.
17 ha.
Pending Orange County Southern Subregion Natural Community Conservation Plan/Habitat Conservation Plan (Orange 1,158 ac.
County). 469 ha.
Habitat exempted from critical habitat designation under section 4(a)(3) of the Act: Marine Corps Base, Camp Pendleton 917 ac.
(San Diego County). 371 ha.
Total habitat containing features essential to the conservation of Brodiaea filifolia excluded or exempted from final crit- 5,800 ac.
ical habitat. 2,347 ha.
Total habitat containing features essential to the conservation of Brodiaea filifolia designated as final critical habitat ....... 597 ac.
242 ha.
Brodiaea filifolia is a covered species County MSHCP, the Villages of La Costa as such, receives protection and
under the approved Western Riverside HCP, and the City of Carlsbad HMP and, management of features essential for the
species’ conservation. We issued the Transportation Commission, Riverside every 8 years to verify occupancy at a
section 10(a)(1)(B) permit for the County Parks and Open Space District, minimum 75 percent of the known
Western Riverside County MSHCP on and Riverside County Waste locations. Management measures will be
June 22, 2005; the Villages of La Costa Department; the California Department triggered, as appropriate, if a decline in
HCP on June 7, 1995; and the City of of Parks and Recreation; and species distribution is documented
Carlsbad HMP on November 9, 2004. CALTRANS (Riverside County et al.). below this threshold. Other
Significant conservation of B. filifolia is The Western Riverside County MSHCP management actions will help maintain
also identified and committed to under is a subregional plan under the State’s habitat and populations of B. filifolia by
a pending HMP for the City of NCCP Act of 2001 and was developed preventing alteration of hydrology and
Oceanside and for the Orange County in cooperation with the California floodplain dynamics, off-road vehicle
Southern Subregion NCCP/HCP through Department of Fish and Game (CDFG). use, grazing, and competition from non-
a signed Settlement Agreement for the The Western Riverside County native plants.
Ranch Plan, a comprehensive land use MSHCP establishes a multiple species Occurrences of Brodiaea filifolia are
and open space plan that is a conservation program to minimize and frequently associated with or near
component of the draft Orange County mitigate the expected loss of habitat vernal pool complexes. The Western
Southern Subregion NCCP/HCP, values and, with regard to ‘‘covered’’ Riverside County MSHCP provides for
addressing lands owned by the County animal species, the incidental take of special protection of vernal pool
of Orange and lands owned by Rancho such species. Within the 1.26-million ac complexes and associated species
Mission Viejo. The Settlement (510,000 ha) planning area of the through its Protection of Species
Agreement was signed on August 16, MSHCP, approximately 153,000 ac Associated with Riparian/Riverine areas
2005. These approved and legally (62,000 ha) of diverse habitats are being and Vernal Pools policy.
operative HCPs, the pending City of conserved. The conservation of 153,000 Implementation of this policy will assist
Oceanside HMP, and the pending ac (62,000 ha) complements in providing protection to this species’
Orange County Southern Subregion approximately 347,000 ac (140,431 ha) essential habitat by avoiding and
NCCP/HCP and associated Settlement of other existing natural and open space minimizing direct impacts to vernal
Agreement provide special management areas that are already conserved through pools and associated habitats. In
and protection for the physical and other means (e.g., State parks, USFS, addition, B. filifolia is considered an
biological features essential for the and County park lands). These lands Additional Survey Needs and
conservation of B. filifolia that exceed together will form an overall 500,000-ac Procedures species under the MSHCP.
the level of regulatory control that MSHCP Conservation Area. Under this policy, surveys for B. filifolia
would be afforded this species by the The MSHCP Plan Area includes a will be conducted where suitable
designation of critical habitat. We have portion of the range of Brodiaea filifolia, habitat is present in identified species
determined that the benefits of which is a covered species under this survey areas until such time as the
excluding critical habitat within these NCCP/HCP. The Service concluded that conservation objectives for this species
areas from the critical habitat the MSHCP would not jeopardize the are met. Finally, the MSHCP’s
designation will outweigh the benefits continued existence of B. filifolia in its Guidelines Pertaining to the Urban/
of including them as critical habitat and Biological and Conference Opinion Wildlands Interface provides some
this exclusion will not result in the (Service 2004). assurance that future urbanization will
extinction of B. filifolia. The MSHCP identifies the following maintain the existing water quality and
Below we first provide general specific conservation goals that will be quantity needed to maintain floodplain
background information on each implemented for the long-term areas and vernal pools supporting B.
approved or pending HCP, followed by conservation of Brodiaea filifolia: (1) To filifolia along the San Jacinto River and
an analysis pursuant to section 4(b)(2) of include within the MSHCP at upper Salt Creek west of Hemet.
the Act of the benefits of including Conservation Area at least 6,900 ac Thus, the Western Riverside County
lands in all five areas within the critical (2,792 ha) of grassland and playa/vernal MSHCP provides significant
habitat designation, an analysis of the pool habitat within the San Jacinto conservation benefits to B. filifolia,
benefits of excluding these lands from River, Mystic Lake and Salt Creek areas including an MSHCP Conservation Area
the designation, and an analysis of why that include the 3,062 ac of land that that protects core habitat areas and
we believe the benefits of exclusion are containing features essential to the known occurrences, long-term
greater than the benefits of inclusion. conservation of the species, including management and monitoring of the
Finally, we provide a determination that occurrences of B. filifolia identified in preserve area, and special guidelines,
exclusion of lands within these the proposed rule; (2) to include within policies, and survey requirements to
approved and pending HCPs will not the MSHCP Conservation Area at least ensure that significant occurrences of B.
result in the extinction of Brodiaea 11 major locations supporting B. filifolia filifolia and its essential habitat are
filifolia. in two core areas along the San Jacinto protected under the plan.
River and on the Santa Rosa Plateau,
Western Riverside County Multiple including occurrences identified in the The Villages of La Costa Habitat
Species Habitat Conservation Plan proposed rule as significant; (3) to Conservation Plan—San Diego County
We excluded 3,062 ac (1,239 ha) of conduct surveys for the species in We excluded 208 ac (84 ha) of non-
non-Federal lands within the Western certain areas of suitable habitat until the Federal lands within the Villages of La
Riverside County MSHCP under section conservation goals are met; and (4) to Costa HCP under section 4(b)(2) of the
4(b)(2) of the Act. The Western include within the MSHCP Act. Under this HCP, Fieldstone/La
Riverside County MSHCP was finalized Conservation Area the floodplain along Costa Associates proposed to construct
and approved on June 22, 2004. the San Jacinto River consistent with housing, limited commercial
Participants in this HCP include 14 objective 1 and to maintain floodplain development, a school, a park, and
cities; the County of Riverside, processes along the San Jacinto River. In various roadways on 1,252 ac (507 ha)
including the Riverside County Flood addition, the MSHCP requires surveys of the 1,955 ac (791ha) property at two
Control and Water Conservation to be conducted for B. filifolia within locations within the City of Carlsbad.
Agency, Riverside County the MSHCP Conservation Area at least All Brodiaea filifolia on the site
occurred in the northwest parcel and within the cities of Carlsbad, Encinitas, and associated restoration and
was estimated to consist of 7,000 Escondido, San Marcos, Oceanside, management actions, the City of
individuals. The project was permitted Vista, and Solana Beach (USFWS and Carlsbad will receive full coverage for B.
to directly impact 1,190 individuals (17 SANDAG 2003). filifolia. In our biological opinion for the
percent). As part of the HCP and section The 10(a)(1)(B) permit for the City of issuance of the section 10(a)(1)(B)
10(a)(1)(B) permit, the following Carlsbad HMP was issued on November permit to the City of Carlsbad, we
conservation measures were required 9, 2004, and the City was the first of the determined that the proposed action
and have been implemented for the seven participating cities to receive a would not jeopardize the continued
long-term conservation of B. filifolia: (1) permit on their subarea plan. Brodiaea existence of B. filifolia. The preserve
Permanent protection of approximately filifolia is a conditionally covered area includes the significant occurrence
5,800 individuals (83 percent) in a species under the HMP. Occurrences of of B. filifolia identified in the proposed
702.5–ac (284 ha) natural open space B. filifolia exist within the boundaries of rule. Thus, we are excluding the Fox-
preserve configured to provide the HMP in the following identified Miller property (subunit 7a) in this final
connectivity to other significant areas of areas: Calavera Heights, Lake Calavera, rule.
natural habitat; (2) long-term Fox-Miller, Carlsbad Oaks North, and
Poinsettia. Under the HMP, all known City of Oceanside HMP—San Diego
management of conserved habitat; (3)
populations of B. filifolia within County
monitoring; (4) habitat restoration and
enhancement; (5) control of invasive existing preserve areas will be We excluded approximately 41 ac (17
plant species; (6) implementation of a conserved at 100 percent. All B. filifolia ha) of non-Federal lands in two subunits
fire management program; (7) access outside of already preserved areas are within the City of Oceanside under
control measures; and (8) public required to be consistent with the section 4(b)(2) of the Act. The City of
education. The 702.5 ac preserve area MHCP’s narrow endemic policy which Oceanside has accepted and committed
contains the significant occurrence of B. requires mitigation for unavoidable to the conservation standards for
filifolia identified in the proposed rule. impacts and management practices Brodiaea filifolia established under the
Open space areas on Fieldstone/La designed to achieve no net loss of Northwestern San Diego MHCP. These
Costa Associates lands are actively narrow endemic populations, occupied conservation standards will be included
managed to maintain and enhance acreage, or population viability within in the City of Oceanside’s HMP,
biological values by the Center for Focused Planning Areas. In addition, currently in development.
Natural Lands Management (Don cities cannot permit more than 5 percent Subunit 6b (Mesa Drive) consists of 5
Rideout, City of Carlsbad, pers. comm. gross cumulative loss of narrow ac (2 ha) of primarily grasslands
2004). In the Service’s 1995 Biological endemic populations or occupied supporting an occurrence of Brodiaea
and Conference opinion for this HCP, acreage within the Focused Planning filifolia estimated to contain 2,800
we found that the issuance of the Areas, and no more than 20 percent plants (Roberts in litt. 2004). The site is
incidental take permit and execution of cumulative loss of narrow endemic under the control of a home owner’s
the Implementing Agreement were not locations, population numbers or association and includes a San Diego
likely to jeopardize the continued occupied acreage outside of Focused Gas & Electric utility easement. There
existence of B. filifolia (Service 1995). Planning Areas (AMEC Earth and are currently no development plans for
We determined that impacts to this Environmental, Inc. 2003). All the site, but under the conservation
species and its habitat, when viewed in conserved populations of B. filifolia will standards of the overarching,
conjunction with the conservation be incorporated into the preserve areas Northwestern San Diego County MHCP
measures required under the HCP and of the HMP. Additionally, the HMP and agreed to by the City, no more than
Implementing Agreement that will includes provisions to manage the 20 percent of this population may be
provide long-term benefits to B. filifolia, populations within the preserve areas in impacted.
were not anticipated to result in an order to provide for the long-term Subunit 6d (Taylor/Darwin) contains
appreciable reduction in the numbers, conservation of the species. several properties under different
reproduction, or distribution of this Occurrences of Brodiaea filifolia at ownership. The Taylor Estates property
species throughout its range. Calavera Heights, Lake Calavera, had 1,268 flowering Brodiaea filifolia
Carlsbad Oaks North, and Poinsettia plants identified in 2001. Seventy-one
City of Carlsbad Habitat Management covered under the HMP were excluded of these plants in the direct
Plan—San Diego County from proposed critical habitat. However, development footprint of the project
We excluded approximately 414 ac occurrences on the Fox-Miller property were translocated elsewhere on the
(168 ha) of non-Federal lands within the were not excluded from the proposed Taylor Estates property. These
City of Carlsbad HMP under section designation because initially, the translocated individuals and the
4(b)(2) of the Act. The City of Carlsbad proposed hard-lined reserve on Fox- remaining plants will be managed and
HMP is a subarea plan under the Miller did not meet the conditions for monitored in perpetuity. The Darwin
Northwestern San Diego County MHCP. coverage of the species under the HMP. portion of the subunit has also been
The MHCP is a comprehensive, multi- The property owners worked with the partially developed. Approximately 6 ac
jurisdictional planning program Service, CDFG, and the City of Carlsbad (2 ha) of open space, which includes an
designed to create, manage, and monitor to develop a project that meets the occurrence of B. filifolia, has been
an ecosystem preserve in northwestern HMP’s standards for B. filifolia preserved and will be managed in
San Diego County. The MHCP preserve conservation. Ninety-five percent of the perpetuity. Thirty-six ac (15 ha) of
system is intended to protect viable 19,100 plants on the property will be extant valley and foothills grassland
populations of native plant and animal conserved. The site’s preserve will be supporting a major population of B.
species and their habitats in perpetuity, incorporated into the HMP’s preserve filifolia, as defined by the MHCP,
while accommodating continued system, partially restored to native remain within the subunit. Under the
economic development and quality of grassland, and managed to sustain both conservation standards of the MHCP
life for residents of North County. The the native grassland community and the and agreed to by the City, 95 percent of
MHCP includes an approximately population of B. filifolia. With this population will be preserved and
112,000–ac (45,324 ha) study area modification of this hard-lined reserve managed within the preserve system.
The preserve area includes the 850 plants. The occurrence is protected as opposed to a requirement to provide
significant occurrence of B. filifolia from urban development and managed a conservation benefit.
identified in the proposed rule. by the County of Orange’s Division of The inclusion of these 4,883 ac (1,976
Harbors, Beaches and Parks. The County ha) of non-Federal lands as critical
Orange County Southern Subregion habitat may provide some additional
of Orange is a landowner within and a
NCCP/HCP Federal regulatory benefits for the
major sponsor of the Southern
We excluded approximately 1,158 ac Subregion NCCP/HCP. Thus, the major species consistent with the conservation
(469 ha) of non-Federal lands in three occurrences of B. filifolia (i.e., those standard based on the Ninth Circuit
subunits within the Southern Subregion with greater than 850 plants) Court’s decision in Gifford Pinchot. A
of Orange County under section 4(b)(2) encompassed within the 1158 acres of benefit of inclusion would be the
of the Act. essential habitat identified in the requirement of a Federal agency to
Rancho Mission Viejo, the County of proposed rule are protected and ensure that their actions on these non-
Orange, the Endangered Habitats included within the planning area Federal lands do not likely result in the
League, the Natural Resources Defense boundary of the draft HCP or committed destruction or adverse modification of
Council, Inc., Sea and Sage Audubon for conservation under the Settlement critical habitat. This additional analysis
Society, Laguna Greenbelt, Inc., and the Agreement. to determine destruction or adverse
Sierra Club reached an agreement on The following analysis considers all modification of critical habitat is likely
August 16, 2005, to settle a lawsuit five plans discussed above: (1) The to be small because the lands are not
challenging the November 2004, Western Riverside County MSHCP; (2) under Federal ownership and any
approval for a General Plan the Villages of La Costa HCP; (3) the Federal agency proposing a Federal
Amendment, Zone Change and City of Carlsbad HMP; (4) the City of action on these 4,883 ac (1,976 ha) of
Development Agreement issued by the Oceanside HMP (pending); and (5) the non-Federal lands would likely consider
County of Orange for Rancho Mission Orange County Southern Subregion the conservation value of these lands as
Viejo’s Ranch Plan, a comprehensive NCCP/HCP (pending). identified in the approved and pending
land use and open space plan for the HCPs and the Settlement Agreement
remaining 22,815 acres of undeveloped (1) Benefits of Inclusion
and take the necessary steps to avoid
land owned by Rancho Mission Viejo, in Overall, we believe that there is jeopardy or the destruction or adverse
Orange County. Rancho Mission Viejo’s minimal benefit from designating modification of critical habitat.
Ranch Plan is integral to the pending critical habitat for Brodiaea filifolia The areas excluded as critical habitat
Orange County Southern Subregion within the Western Riverside County include vegetation communities
NCCP/HCP, currently in development. MSHCP, the Villages of La Costa HCP, supporting Brodiaea filifolia and an area
We are excluding from critical habitat the City of Carlsbad NCCP/HCP, the City 820 ft (250 m) around each occurrence
designation a total of approximately 899 of Oceanside HMP (pending), and the to provide for pollinator movement and
ac (364 ha) of land owned by Rancho Orange County Southern Subregion habitat. If these areas were designated as
Mission Viejo in subunits 4c (Cañada NCCP/HCP (pending) because, as critical habitat, any actions with a
Gobernadora/Chiquita Ridgeline) and 4g explained above, almost all of the Federal nexus, such as the issuance of
(Cristianitos Canyon). Conservation significant occurrences of B. filifolia are a permit under section 404 of the Clean
identified in the Settlement Agreement already protected and managed or will Water Act, which might adversely affect
assures that significant occurrences of be protected and managed for the long- the critical habitat would require a
Brodiaea filifolia will be preserved, term conservation of the species. Below consultation with us, as explained
including a major occurrence of over we discuss benefits of inclusion of these previously, in the ‘‘Effects of Critical
4,000 plants in subunit 4c. Within lands. Habitat Designation’’ section. However,
subunit 4c, only small occurrences A benefit of including an area within inasmuch as portions of these areas
(generally less than 100 plants) are a critical habitat designation is the currently support B. filifolia,
slated for development. Subunit 4g protection provided by section 7(a)(2) of consultation for Federal activities which
(Cristianitos Canyon) is primarily the Act that directs Federal agencies to might adversely impact the species
conserved as open space under the ensure that their actions do not result in would be required even without the
Settlement Agreement. Rancho Mission the destruction or adverse modification critical habitat designation. For the
Viejo is allowed to establish and of critical habitat. The designation of surrounding areas that may lack
maintain 50 ac (20 ha) of orchards in critical habitat and the analysis to individual plants (i.e., areas not
this subunit in areas that may impact determine if the proposed Federal occupied by B. filifolia), the Federal
some small occurrences of Brodiaea action may result in the destruction or action agency would need to determine
filifolia. The orchards will be consistent adverse modification of critical habitat if the proposed action would affect the
with the location of, or criteria for for Brodiaea filifolia may provide a species rather than determining whether
location of, the orchards established by different level of protection under the proposed action would cause
an approved NCCP or, in the absence of section 7(a)(2) of the Act that is separate destruction or adverse modification of
an approved NCCP, located to avoid from the obligation of a Federal agency critical habitat. A potential benefit of
sensitive species and habitats. The to ensure that their actions are not likely critical habitat would be to signal the
Settlement Agreement also calls for the to jeopardize the continued existence of importance of the surrounding areas not
establishment of a long-term funding B. filifolia. Under the Gifford Pinchot occupied by B. filifolia to Federal
program for management and oversight decision, critical habitat designations agencies and to ensure their actions do
of all defined open space areas placed may provide greater benefits to the not result in the destruction or adverse
under conservation easements. recovery of a species than was modification of critical habitat pursuant
We are also excluding approximately previously believed, but it is not to section 7(a)(2) of the Act. However,
259 ac (105 ha) within subunit 4b possible to quantify this benefit at approved and pending HCPs because
(Casper’s Wilderness Park) in the City of present. However, the protection almost all of the significant occurrences
San Juan Capistrano under 4(b)(2) of the provided under section 7(a)(2) of the of B. filifolia are protected and managed
Act. Lands within this unit support an Act is still a limitation on the harm that or will be protected and managed for the
occurrence of Brodiaea filifolia of about occurs to the species or critical habitat long-term benefit of the species. Thus,
the approved and draft HCPs provide or Impact Report under CEQA. A major regulation. The court, relying on the
will provide a greater level of protection commitment to the conservation CFR definition of adverse modification,
and management for B. filifolia than the presented in the Settlement Agreement required the Service to determine
simple avoidance of adverse effects to has been made public through media whether recovery was adversely
critical habitat. outreach. In addition, the Settlement affected. The Gifford Pinchot decision
If these areas were included as critical Agreement and revisions made to the arguably made it easier to reach an
habitat, primary constituent elements Ranch Plan Development Agreement are ‘‘adverse modification’’ finding by
would be protected from destruction or now being incorporated into the draft reducing the harm, affecting recovery,
adverse modification by Federal actions documents for the Orange County rather than the survival of the species.
using a conservation standard based on Southern Subregion NCCP/HCP. The However, there is an important
the Ninth Circuit Court’s decision in planning process for this regional distinction: Section 7(a)(2) limits harm
Gifford Pinchot. This requirement NCCP/HCP has been ongoing for several to the species either through jeopardy or
would be in addition to the requirement years and has included significant destruction or adverse modification
that proposed Federal actions avoid scoping and planning workshops with analyses. It does not require positive
likely jeopardy to the species’ continued opportunity for public comment. The improvements or enhancement of the
existence. However, for those areas Settlement Agreement has now species status. Thus, any management
supporting Brodiaea filifolia, provided the impetus for the County of plan which considers enhancement or
consultation for activities which may Orange, local jurisdictions, and Rancho recovery as the management standard
adversely affect the species would be Mission Viejo to complete the Southern will almost always provide more benefit
required, even without the critical Subregion NCCP/HCP. While the Draft than the critical habitat designation.
habitat designation. HCP/EIS has not yet been released for
In Sierra Club v. Fish and Wildlife (2) Benefits of Exclusion
public review, major portions of the
Service, 245 F.3d 434 (5th Cir. 2001), document, including the conservation As mentioned above, the Western
the Fifth Circuit Court of Appeals stated analysis sections are complete, and the Riverside County MSHCP, the Villages
that the identification of habitat Service and the CDFG are coordinating of La Costa HCP, the City of Carlsbad
essential to the conservation of the efforts to review the document. Thus, HMP, the pending City of Oceanside
species can provide informational the Settlement Agreement and status of HMP, and the pending Orange County
benefits to the public, State and local the preliminary Draft HCP/EIS provide Southern Subregion NCCP/HCP and
governments, scientific organizations, us with reasonable assurance that this associated Settlement Agreement
and Federal agencies. The court also significant regional plan will be provide for the conservation of Brodiaea
noted that heightened public awareness completed. filifolia through avoidance,
of the plight of listed species and their The pending City of Oceanside HMP minimization, and/or mitigation of
habitats may facilitate conservation has a similar status to the Orange impacts, management of habitat, and
efforts. The inclusion of an area as County Southern Subregion NCCP/HCP, maintenance of watershed. These HCPs
critical habitat may focus and contribute in that a conservation strategy for and the Settlement Agreement provide
to conservation efforts by other parties Brodiaea filifolia has been agreed to and or will provide for protection of the
by clearly delineating areas of high the planning documents, while not yet PCEs for B. filifolia and address special
conservation values for certain species. released for public review, are well management needs such as maintenance
However, we believe that this underway. In addition, the Oceanside of clay soils and hydrology. Designation
educational benefit has largely been HMP is a Subarea Plan under the of critical habitat would therefore not
achieved for Brodiaea filifolia by the MHCP, which underwent public review provide as great a benefit to the species
public outreach and environmental through a joint CEQA/NEPA process; as the positive management measures in
impact reviews required under the based on this, and the cooperation and these HCPs and the Settlement
National Environmental Policy Act efforts of the City of Oceanside to Agreement.
(NEPA) for the Western Riverside support the goals of the overarching The benefits of excluding lands
County MSHCP, the Villages of La Costa MHCP, we have reasonable assurance within HCPs from critical habitat
HCP, the Northwestern San Diego that the City of Oceanside HMP will be designation include relieving
County MHCP, and the City of Carlsbad completed. landowners, communities, and counties
HMP and the recognition by the County In addition there has been public of any additional regulatory burden that
of Riverside et al., Fieldstone/La Costa notice and opportunity for comment on might be imposed by a critical habitat
Associates, the City of Carlsbad, the City this proposal, which identified lands designation consistent with the
of Oceanside, the County of Orange, and eligible for designation as critical conservation standard based on the
Rancho Mission Viejo of the presence of habitat, and the economic analysis for Ninth Circuit Court’s decision in Gifford
B. filifolia and the value of their lands the proposal, which also identified Pinchot. Many HCPs, particularly large
for the conservation and recovery of the those lands. Consequently, we believe regional HCPs, such as the Orange
species. There would be little additional that the informational benefits are County Southern Subregion NCCP/HCP,
informational benefit gained from already provided even though these take many years to develop and, upon
including these lands as critical habitat areas are not designated as critical completion, become regional
because of the level of information that habitat. conservation plans that are consistent
has been made available to the public as For 30 years prior to the Ninth Circuit with the recovery objectives for listed
part of these regional planning efforts. Court’s decision in Gifford Pinchot, the species that are covered within the plan
Similarly, while the Settlement Fish and Wildlife Service equated the area. Additionally, many of these HCPs
Agreement was not open to public jeopardy standard with the standard for provide conservation benefits to
comment, it results from an application destruction or adverse modification of unlisted, sensitive species. Imposing an
requesting a General Plan Amendment, critical habitat. However, in Gifford additional regulatory review after an
Zone Change and Approval of a Pinchot the court noted the government, HCP is completed solely as a result of
Development Agreement that was by simply considering the action’s the designation of critical habitat may
subject to extensive public review survival consequences, was reading the undermine conservation efforts and
through circulation of an Environmental concept of recovery out of the partnerships in many areas. In fact, it
could result in the loss of species’ critical habitat has already been of conservation provided to B. filifolia
benefits if participants abandon the designated within the proposed plan under the approved Western Riverside
voluntary HCP process because the area, it will determine if the HCP County MSHCP, the Villages of La Costa
critical habitat designation may result in jeopardizes the species in the plan area. HCP, and the City of Carlsbad HMP; the
additional regulatory requirements than In addition, Federal actions within the pending City of Oceanside HMP; and
are faced by other parties who have not HCP plan areas that may affect listed the pending Orange County Southern
voluntarily participated in species species would still require consultation Subregion NCCP/HCP and associated
conservation. Designation of critical under section 7 of the Act. HCPs Settlement Agreement (conservation of
habitat within the boundaries of typically provide for greater occupied and potential habitat,
approved HCPs could be viewed as a conservation benefits to a covered monitoring, and maintenance of soils
disincentive to those entities currently species than section 7 consultations and hydrology). In contrast, the benefits
developing HCPs or contemplating them because HCPs assure the long-term of excluding these 4,883 ac (1,976 ha) of
in the future. protection and management of a covered non-Federal lands as critical habitat are
The signed Settlement Agreement species and its habitat, and funding for increased because of the high level of
represents a similar commitment to the such management through the standards cooperation by the County of Riverside
conservation of Brodiaea filifolia as found in the 5 Point Policy for HCPs (64 et al., Fieldstone/La Costa Associates,
would be found in Draft NCCP/HCP FR 35242) and the HCP ‘‘’No Surprises’’’ the City of Carlsbad, the City of
documents. The Settlement Agreement regulation (63 FR 8859). Such Oceanside, the County of Orange,
is integral to completion of the Orange assurances are typically not provided by Rancho Mission Viejo, the State of
County Southern Subregion NCCP/HCP. section 7 consultations that, in contrast California, and the Service to conserve
We believe designating critical habitat to HCPs, often do not commit the this species, and these partnerships
within the area covered by the signed project proponent to long-term special exceed any conservation value provided
Settlement Agreement would be viewed management or protections. Thus, a by a critical habitat designation.
as a disincentive. Similarly, designating consultation typically does not accord
critical habitat within park lands (4) Exclusion Will Not Result in
the lands it covers the extensive benefits
designated as wilderness and owned Extinction of the Species
an HCP provides. The development and
and managed by the County of Orange, implementation of HCPs provide other We believe that exclusion of these
a major sponsor of the Orange County important conservation benefits, 4,883 ac (1,976 ha) of non-Federal lands
Southern Subregion NCCP/HCP, would including the development of biological will not result in extinction of Brodiaea
be viewed as a disincentive to information to guide the conservation filifolia since most of these lands are
completing their regional plan. efforts and assist in species conservation protected and managed or will be
Another benefit from excluding these and the creation of innovative solutions protected and managed for the benefit of
lands is to maintain the partnerships to conserve species while allowing for this species pursuant to the approved
developed during the planning phase development. Western Riverside County MSHCP, the
through the implementing phases of the Villages of La Costa HCP, and the City
HCPs. Instead of using limited funds to (3) Benefits of Exclusion Outweigh the of Carlsbad HMP; the pending City of
comply with administrative Benefits of Inclusion Oceanside HMP; and the pending
consultation and designation We have reviewed and evaluated the Orange County Southern Subregion
requirements which cannot provide exclusion of critical habitat for Brodiaea NCCP/HCP and the associated
protection beyond what is currently in filifolia from approximately 4,883 ac Settlement Agreement. These approved
place, the partners could instead use (1,976 ha) of non-Federal lands within and pending HCPs and the Settlement
their limited funds for the conservation the approved Western Riverside County Agreement include specific
of this species. A related benefit of MSHCP, the Villages of La Costa HCP, conservation objectives, avoidance and
excluding lands within HCPs from and the City of Carlsbad HMP, and the minimization measures, and
critical habitat designation is the pending City of Oceanside HMP and management that exceed any
unhindered, continued ability to seek pending Orange County Southern conservation value provided as a result
new partnerships with future HCP Subregion NCCP/HCP with its of a critical habitat designation.
participants including States, Counties, associated Settlement Agreement. Based Some small occurrences of Brodiaea
local jurisdictions, conservation on this evaluation, we find that the filifolia within approximately 311 ac
organizations, and private landowners, benefits of exclusion (avoid increased (ha) of privately owned lands in subunit
which together can implement regulatory costs which could result from 4c (Gobernadora/Chiquita Ridgeline) are
conservation actions that we would be including those lands in this proposed for development as part of
unable to accomplish otherwise. If lands designation of critical habitat, ensure Rancho Mission Viejo’s development
within HCP plan areas are designated as the willingness of existing partners to plan. These lands are covered by the
critical habitat, it would likely have a continue active conservation measures, signed Settlement Agreement. Any
negative effect on our ability to establish maintain the ability to attract new Federal Agency authorizing an action to
new partnerships to develop HCPs, partners, and direct limited funding to develop these lands (e.g., USCOE)
particularly large, regional HCPs that conservation actions with partners) of would likely consider the conservation
involve numerous participants and the lands containing features essential actions in the Settlement Agreement as
address landscape-level conservation of to the conservation of the Brodiaea appropriate mitigation for loss of B.
species and habitats. By excluding these filifolia within these lands outweigh the filifolia habitat. We believe the loss of
lands, we preserve our current benefits of inclusion (limited these small occurrences of this species
partnerships and encourage additional educational and regulatory benefits, is not likely to result in extinction of the
conservation actions in the future. which are largely otherwise provided species). Likewise, the approximately
Furthermore, an HCP or NCCP/HCP for under the HCPs) of these lands as 588 acres (238 ha) of privately owned
application must itself be consulted critical habitat. The benefits of lands containing features essential to
upon. While this consultation will not including these 4,883 ac (1,976 ha) of the conservation of B. filifolia in subunit
look specifically at the issue of adverse non-Federal lands as critical habitat are 4g (Cristianitos Canyon) will be
modification to critical habitat, unless lessened because of the significant level protected and managed by Rancho
Mission Viejo as stipulated in the to consider the economic and other since the time that Brodiaea filifolia was
Settlement Agreement. This level of relevant impacts of designating a listed as threatened (63 FR 54975;
protection will occur as a result of the particular area as critical habitat. We October 13, 1998), but prior to the
Settlement Agreement and thus may exclude areas from critical habitat designation of critical habitat. Total pre-
regardless of whether these lands are upon a determination that the benefits designation costs associated with lands
excluded as critical habitat. The of such exclusions outweigh the benefits proposed as critical habitat are
occurrence of B. filifolia in subunit 4b of specifying such areas as critical estimated to be $2.9 million to $3.0
(Casper’s Wilderness Park) is protected habitat. We cannot exclude such areas million on a present value basis and
and is within the pending Orange from critical habitat when such $2.4 million to $2.5 million expressed
County Southern Subregion NCCP/HCP exclusion will result in the extinction of in undiscounted dollars. Pre-
plan boundary. Thus, we believe that the species concerned. designation costs associated with areas
exclusion of this occurrence as critical Following publication of the proposed excluded from the proposed designation
habitat will not result in extinction of critical habitat rule, an analysis of the are estimated to be $110,000 to $180,000
the species. economic impacts of proposed critical on a present value basis and $100,000
In our Biological and Conference habitat for Brodiaea filifolia was to $150,000 expressed in undiscounted
Opinions for the issuance of a section prepared. The notice of availability dollars.
10(a)(1)(B) permit for the Western (NOA) of a draft economic analysis Post-designation effects would
Riverside County MSHCP, the Villages (DEA) was announced in the Federal include likely future costs associated
of La Costa HCP, and the City of Register on October 6, 2005 (70 FR with Brodiaea filifolia conservation
Carlsbad HMP, the Service concluded 58361). Copies of the draft economic efforts in the 20-year period following
that the proposed permit issuances analysis were available for downloading the final designation of critical habitat
would not appreciably reduce the from the Internet at http:// (effectively 2005 through 2024). If
likelihood of the survival and recovery carlsbad.fws.gov, or by contacting the critical habitat were designated as
of Brodiaea filifolia because of the Carlsbad Fish and Wildlife Office proposed, total costs were estimated to
avoidance and minimization measures, directly. In the NOA, we announced the be $12.2 million to $14.7 million on a
long-term management, and reopening of the comment period on present value basis and $12.2 million to
commitment to a preserve system. The proposed critical habitat and solicited $16.9 million expressed in
jeopardy standard of section 7 and public review and comment. We undiscounted dollars (an annualized
routine implementation of habitat accepted comments until October 20, cost of $0.6 to $0.8 million annually). If
conservation through the section 7 2005. all habitat with features essential to the
process also provide assurances that the The primary purpose of the economic conservation of the species were
species will not go extinct. The analysis is to estimate the potential designated critical habitat in this final
exclusion leaves these protections economic impacts associated with the rule, total costs would be expected to
unchanged from those that would exist designation of critical habitat for range between $24.5 and $43.6 million
if the excluded areas were designated as Brodiaea filifolia. This information is over the next 20 years (an annualized
critical habitat. Critical habitat is being intended to assist the Secretary in cost of $1.2 to $2.2 million). However,
designated for B. filifolia in other areas making decisions about whether the due to significant reductions made to
that will be accorded the protection benefits of excluding particular areas critical habitat in this final rule (see
from adverse modification by Federal from the designation outweigh the ‘‘Summary of Changes from Proposed
actions using the conservation standard benefits of including those areas in the
Rule’’), the estimated costs for the units
based on the Ninth Circuit Court’s designation. The economic analysis
actually designated are estimated to
decision in Gifford Pinchot. considers the economic efficiency
range between $1.0 and $3.3 million
Additionally, the major occurrences effects that may result from the
over the next 20 years expressed in
of Brodiaea filifolia within the Western designation, including habitat
undiscounted dollars.
Riverside County MSHCP, the Villages protections that may be coextensive The final economic analysis and
of La Costa HCP, the City of Carlsbad with the listing of the species. It also supporting documents are included in
HMP, and the pending Oceanside HMP addresses distribution of impacts,
our administrative record and may be
and within lands covered by the including an assessment of the potential
obtained by contacting U.S. Fish and
Settlement Agreement and within effects on small entities and the energy
Wildlife Service, Branch of Endangered
Casper’s Wilderness Park are or will be industry. This information can be used
Species (see ADDRESSES section) or for
protected and managed either explicitly by the Secretary to assess whether the
downloading from the Internet at
for the species or indirectly through effects of the designation might unduly
http://carlsbad.fws.gov.
more general objectives to protect burden a particular group or economic
natural values. These factors, acting in sector. Required Determinations
concert with the other protections This analysis determined that costs
involving conservation measures for Regulatory Planning and Review
provided under the Act, lead us to find
that exclusion of these 4,883 ac (1,976 Brodiaea filifolia would be incurred for In accordance with Executive Order
ha) within lands owned by the County activities involving residential, 12866, this document is a significant
of Orange and Rancho Mission Viejo industrial, and commercial rule in that it may raise novel legal and
and within the Western Riverside development; water supply; flood policy issues. However, because the
County MSHCP, the Villages of La Costa control; transportation; agriculture; the draft economic analysis indicates the
HCP, the City of Carlsbad HMP, and the development of HCPs; and the potential economic impact associated
pending City of Oceanside HMP will not management of military bases, other with a designation of all habitat with
result in extinction of B. filifolia. Federal lands, and other public or features essential to the conservation of
conservation lands. this species would total no more than
Economic Analysis Pre-designation costs include those $24.5 million to $43.6 million over the
Section 4(b)(2) of the Act requires us Brodiaea filifolia-related conservation nest 20 years (an annualized cost of $1.2
to designate critical habitat on the basis activities associated with sections 4, 7, million to $2.2 million), we do not
of the best scientific data available and and 10 of the Act that have accrued anticipate that this final rule will have
an annual effect on the economy of $100 particular types of economic activities these five entities are small businesses
million or more or affect the economy (e.g., residential, industrial, and or governments as defined by SBA and,
in a material way. Due to the time line commercial development). We therefore, are not considered further in
for publication in the Federal Register, considered each industry or category this screening analysis. 3. Public and
the Office of Management and Budget individually to determine if certification conservancy lands management: The
(OMB) did not formally review the is appropriate. In estimating the United States Forest Service manages
proposed rule. numbers of small entities potentially Cleveland National Forest; Orange
The availability of the draft economic affected, we also considered whether County’s Department of Harbors,
analysis was announced in the Federal their activities have any Federal Beaches and Parks manages Aliso-Wood
Register on October 6, 2005 (70 FR involvement; some kinds of activities Canyon Regional Park and Casper’s
58361), and was made available for are unlikely to have any Federal Regional Park; and the Glendora
public review and comment. involvement and so will not be affected Community Conservancy manages the
Regulatory Flexibility Act (5 U.S.C. 601 by the designation of critical habitat. Conservancy of the same name. With
et. seq.) Designation of critical habitat only the exception of the Glendora
affects activities conducted, funded, Community Conservancy, these entities
Under the Regulatory Flexibility Act permitted, or authorized by Federal exceed the threshold established for
(5 U.S.C. 601 et seq., as amended by the agencies; non-Federal activities are not small governments (service population
Small Business Regulatory Enforcement affected by the designation. of 50,000 or less). Accordingly, this
Fairness Act (SBREFA) of 1996), The designation of critical habitat screening analysis focuses on economic
whenever an agency is required to requires Federal agencies to consult impacts related to residential
publish a notice of rulemaking for any with us if activities they authorize, development and the management of
proposed or final rule, it must prepare fund, or carry out may affect designated Glendora Community Conservancy.
and make available for public comment critical habitat. Consultations to avoid The final critical habitat designation
a regulatory flexibility analysis that the destruction or adverse modification is expected to result in additional costs
describes the effects of the rule on small of critical habitat would be incorporated to real estate development projects due
entities (i.e., small businesses, small into the existing consultation process. to mitigation and other conservation
organizations, and small government Our analysis determined that costs costs that may be required. The affected
jurisdictions). However, no regulatory involving conservation measures for land is located within Los Angeles,
flexibility analysis is required if the Brodiaea filifolia would be incurred for Orange, and San Diego counties and
head of the agency certifies the rule will activities involving residential, under private ownership by individuals
not have a significant economic impact industrial, and commercial who will either undertake a
on a substantial number of small development; water supply; flood development project on their own or
entities. control; transportation; agriculture; the sell the land to developers for
According to the Small Business development of HCPs; and the development. For businesses involved
Administration (SBA), small entities management of military bases, other with land development, the relevant
include small organizations, such as Federal lands, and other public or threshold for ‘‘small’’ is annual
independent nonprofit organizations, conservation lands. revenues of $6 million or less. The
and small governmental jurisdictions, In our draft economic analysis of this North American Industry Classification
including school boards and city and designation, we evaluated the potential System (NAICS) code 237210 is
town governments that serve fewer than economic effects on small business comprised of establishments primarily
50,000 residents, as well as small entities resulting from conservation engaged in servicing land (e.g.,
businesses (13 CFR 121.201). Small actions related to the listing of this excavation, installing roads and
businesses include manufacturing and species and proposed designation of its utilities) and subdividing real property
mining concerns with fewer than 500 critical habitat. Of these potentially into lots for subsequent sale to builders.
employees, wholesale trade entities affected activities, impacts to small Land subdivision precedes actual
with fewer than 100 employees, retail entities are not anticipated for the construction, and typically includes
and service businesses with less than $5 following reasons: 1. Military lands residential properties, but may also
million in annual sales, general and management: The analysis predicts that include industrial and commercial
heavy construction businesses with less the Department of Defense (DoD), which properties.
than $27.5 million in annual business, manages Marine Corps Base Camp The DEA (See Section 3.2.1) estimates
special trade contractors doing less than Pendleton (EH units 15 to 19), will that 390 acres within areas originally
$11.5 million in annual business, and experience administrative and project proposed for critical habitat designation
agricultural businesses with annual modification costs associated with are projected to be developed over the
sales less than $750,000. To determine Brodiaea filifolia conservation activities. next 20 years. The analysis assumes that
if potential economic impacts to these DoD does not meet SBA’s definition of as a result of Brodiaea filifolia
small entities are significant, we a small government. 2. Transportation, conservation activities, 95 percent of the
considered the types of activities that utilities, and flood control: The analysis acres are conserved, and the plant is
might trigger regulatory impacts under estimates that additional project salvaged from the remaining five
this designation as well as types of modification costs associated with B. percent. As a result, landowners of 100
project modifications that may result. In filifolia conservation activities are likely percent of these acres bear costs of B.
general, the term significant economic for transportation project undertaken by filifolia conservation activities.
impact is meant to apply to a typical CALTRANS, the Transportation To estimate the number of
small business firm’s business Corridor Agencies (TCA), and the landowners potentially impacted by B.
operations. Riverside County Transportation filifolia conservation activities, the
To determine if this rule to designate Commission, utility projects undertaken analysis estimates the average parcel
critical habitat for Brodiaea filifolia by San Diego Gas & Electric, and the San size within proposed units/subunits in
would affect a substantial number of Jacinto River Flood Control Project of each county that contains habitat with
small entities, we considered the the Riverside County Flood Control and features essential to the conservation of
number of small entities affected within Water Conservation District. None of the species and compares it to the
estimate of affected acres in these areas. proposed for designation (summarized Diego counties. Please refer to Appendix
At the aggregate county level, in units in Exhibit A–2 of the DEA). In an A of our draft economic analysis of this
proposed for inclusion, one individual analysis of building permits in designation for a more detailed
may be impacted in Los Angeles Sacramento County conducted by CRA, discussion of potential economic
County, one individual may be researchers determined that 22 percent impacts to small business entities.
impacted in San Bernardino County, 22 of permits for single family dwellings
Executive Order 13211
individuals may be impacted in Orange were requested by small businesses.
County, and 27 individuals may be This analysis assumes that a similar On May 18, 2001, the President issued
impacted in San Diego County. Note proportion of new home construction Executive Order (E.O.) 13211 on
that this estimate may be understated if activity is conducted by small regulations that significantly affect
habitat partially overlaps several parcels construction firms in the five Southern energy supply, distribution, and use.
or overstated if one person owns more California counties included in this E.O. 13211 requires agencies to prepare
than one parcel with B. filifolia. analysis. As shown in Exhibit A–2 of Statements of Energy Effects when
The loss in land value experienced by the DEA, multiplying 22 percent by the undertaking certain actions. This rule is
an individual landowner will depend number of homes not built in each considered a significant regulatory
on how much of a parcel is inhabited by county provides an estimate of lost action under E.O. 12866 because it
Brodiaea filifolia, the extent to which home construction for small firms. raises novel legal and policy issues, but
development activities can be planned (3) Next, using the number of homes it is not expected to significantly affect
around sensitive areas, and the not built by small firms, the analysis energy supplies, distribution, or use.
existence of alternative uses of the estimates the number of small Therefore, this action is not a significant
property that do not threaten the plant businesses affected. Results of this action, and no Statement of Energy
or its habitat. For example, if B. filifolia calculation are presented in Exhibit Effects is required. Please refer to
exist on only a small portion of the A–2. At the high-end, assuming that Appendix A of our draft economic
parcel that can be incorporated into each lost house would have been built analysis of the proposed designation for
existing open space requirements, then by a separate firm, the number of firms a more detailed discussion of potential
a small percentage of the land value is potentially affected is equal to the effects on energy supply.
lost. However, if B. filifolia are found number of lost homes. For a low-end Unfunded Mandates Reform Act (2
throughout the parcel, most or all of estimate, the number of houses not built U.S.C. 1501 et seq.)
development value of that parcel may be is divided by the average number of
lost. In such a circumstance, the parcel houses built per year by small firms In accordance with the Unfunded
may continue to derive value from (three houses). In summary, in a given Mandates Reform Act (2 U.S.C. 1501),
other, nondevelopment-oriented uses. municipality containing critical habitat, the Service makes the following
between one and 18 small construction findings:
Effects on Homebuyers and Small (a) This rule will not produce a
firms may be affected annually by
Construction Firms Federal mandate. In general, a Federal
Brodiaea filifolia conservation activities.
The DEA (See Section 3.2.2) estimates In Hemet, Moreno Valley, and Perris, mandate is a provision in legislation,
a potential shift in the supply of where habitat is excluded from critical statute, or regulation that would impose
housing resulting from increased land habitat, approximately nine to 82 small an enforceable duty upon State, local,
scarcity. Scenario Two assumes that as firms could be affected if habitat were tribal governments, or the private sector
a result of on-site conservation designated. The impact to affected small and includes both ‘‘Federal
requirements, less land is available for businesses is estimated to be between intergovernmental mandates’’ and
development, and therefore fewer new one-third and all of their revenues for ‘‘Federal private sector mandates.’’
homes are built. Under this scenario, the year, depending on the estimate of These terms are defined in 2 U.S.C.
small construction firms may be the number of businesses affected. Note 658(5)–(7). ‘‘Federal intergovernmental
indirectly affected. This analysis uses a that the impact to small construction mandate’’ includes a regulation that
methodology used by Charles River firms may be overstated. As discussed ‘‘would impose an enforceable duty
Associates (CRA) to estimate the in Section 3 of the DEA, the analysis of upon State, local, or tribal governments’’
potential impact to small construction lost housing units is partial equilibrium with two exceptions. It excludes ‘‘a
firms. The analysis uses the following in nature (e.g., does not consider condition of federal assistance.’’ It also
steps to estimate the number of firms substitution of displaced development excludes ‘‘a duty arising from
potentially affected: to other nearby areas), which is participation in a voluntary Federal
(1) The analysis estimates the number consistent with the best currently program,’’ unless the regulation ‘‘relates
of new homes typically built by a small available empirical information. If, to a then-existing Federal program
construction firm in one year. Average instead, homes not built in these under which $500,000,000 or more is
annual revenues for a small municipalities are constructed in provided annually to State, local, and
construction firms are $694,000. Using neighboring communities unaffected by tribal governments under entitlement
the average construction costs for a B. filifolia conservation activities, the authority,’’ if the provision would
single family home of $236,000 obtained impact to small construction firms is ‘‘increase the stringency of conditions of
from CRA’s vernal pool analysis, a small likely to be less than presented in assistance’’ or ‘‘place caps upon, or
firm is assumed to build on average Exhibit A–2. As a result, impacts to otherwise decrease, the Federal
three houses a year ($694,000/$236,000 these firms are more likely overstated Government’s responsibility to provide
= 2.9). than understated in this analysis. funding’’ and the State, local, or tribal
(2) Next, the analysis estimates the Based on these data, we have governments ‘‘lack authority’’ to adjust
number of homes that would have been determined that this designation will accordingly. At the time of enactment,
built by small businesses in the absence not result in a significant economic these entitlement programs were:
of Brodiaea filifolia conservation efforts. impact on a substantial number of small Medicaid; AFDC work programs; Child
As described in Section 3.2.2 of the entities, in particular to land developers Nutrition; Food Stamps; Social Services
DEA, the analysis predicts 316 homes or farmers in Los Angeles, San Block Grants; Vocational Rehabilitation
will not be built in cities with habitat Bernardino, Orange, Riverside, and San State Grants; Foster Care, Adoption
Assistance, and Independent Living; costs associated with Brodiaea filifolia the Endangered Species Act. The rule
Family Support Welfare Services; and conservation activities at the uses standard property descriptions and
Child Support Enforcement. ‘‘Federal Conservancy may range from $1,600 to identifies the primary constituent
private sector mandate’’ includes a $2,600 on an annualized basis elements within the designated areas to
regulation that ‘‘would impose an (assuming a seven percent discount assist the public in understanding the
enforceable duty upon the private rate). These costs represent habitat needs of Brodiaea filifolia.
sector, except (i) a condition of Federal approximately 11 percent to 17 percent
assistance; or (ii) a duty arising from of annual expenditures assuming the Paperwork Reduction Act of 1995 (44
participation in a voluntary Federal low-end estimate of the annual budget U.S.C. 3501 et seq.)
program.’’ ($15,000) and 5 percent to 9 percent This rule does not contain new or
The designation of critical habitat assuming the high-end estimate revised information collections for
does not impose a legally binding duty ($30,000). Considering that the Glendora which OMB approval is required under
on non-Federal government entities or Community Conservancy is in the the Paperwork Reduction Act.
private parties. Under the Act, the only business of conservation this is not an Information collections associated with
regulatory effect is that Federal agencies unexpected expenditure for the certain Act permits are covered by an
must ensure that their actions do not Conservancy. Consequently, we do not existing OMB approval and are assigned
destroy or adversely modify critical believe that the designation of critical OMB Control No. 1018–0094, which
habitat under section 7. Non-Federal habitat for B. filifolia will significantly expires September 30, 2007. This
entities that receive Federal funding, or uniquely affect any small includes FWS Forms 3–200–55 and 3–
assistance, permits, or otherwise require governmental entity addressed in the 200–56. This rule will not impose
approval or authorization from a Federal DEA. As such, a Small Government recordkeeping or reporting requirements
agency for an action, may be indirectly Agency Plan is not required. on State or local governments,
impacted by the designation of critical individuals, businesses, or
habitat. However, the legally binding Federalism
organizations. An agency may not
duty to avoid destruction or adverse In accordance with Executive Order
conduct or sponsor, and a person is not
modification of critical habitat rests 13132, this rule does not have
required to respond to, a collection of
squarely on the Federal agency. significant Federalism effects and,
information unless it displays a
Furthermore, to the extent that non- therefore, a Federalism assessment is
currently valid OMB control number.
Federal entities are indirectly impacted not required. In keeping with
because they receive Federal assistance Department of the Interior policies, we National Environmental Policy Act
or participate in a voluntary Federal aid requested information from, and
coordinated the development of the It is our position that, outside the
program, the Unfunded Mandates
proposed critical habitat designation Tenth Circuit, we do not need to
Reform Act would not apply; nor would
with appropriate State resource agencies prepare environmental analyses as
critical habitat shift the costs of the large
in California. We anticipate that the defined by the NEPA in connection with
entitlement programs listed above on to
designation of critical habitat in the designating critical habitat under the
State governments.
(b) The U.S. Forest Service manages areas currently occupied by Brodiaea Endangered Species Act of 1973, as
Angeles National Forest and Cleveland filifolia will impose no additional amended. We published a notice
National Forest (subunits 1b, 5a and 5b); significant restrictions beyond those outlining our reasons for this
Orange County’s Department of Harbors, currently in place and, therefore, should determination in the Federal Register
Beaches and Parks manages Aliso and have little incremental impact on State on October 25, 1983 (48 FR 49244). This
Woods Canyon Regional Park (unit 3) and local governments and their assertion was upheld in the courts of the
and Casper Wilderness Park (unit 4); activities. Ninth Circuit (Douglas County v.
and the Glendora Community The designation of critical habitat Babbitt, 48 F.3d 1495 (9th Cir. Ore.
Conservancy manages the Conservancy may have some benefit to the State and 1995), cert. denied 116 S. Ct. 698
(subunit 1a) of the same name. With the local resource agencies in that the areas (1996)).
exception of the Glendora Community and features essential to the Government-to-Government
Conservancy, these entities exceed the conservation of this species are more Relationship With Tribes
threshold established for small clearly defined, and the primary
governments (service population of constituent elements of the habitat In accordance with the President’s
50,000 or less). Therefore, the Glendora necessary to the conservation of this memorandum of April 29, 1994,
Community Conservancy is the only species are specifically identified. While ‘‘Government-to-Government Relations
land manager considered in this this definition and identification does with Native American Tribal
screening analysis. not alter where and what federally Governments’’ (59 FR 22951), Executive
The DEA (See Section 6) estimates sponsored activities may occur, it may Order 13175, and the Department of the
potential costs to public and private assist local governments in long-range Interior’s manual at 512 DM 2, we
land management entities. Of the planning (rather than waiting for case- readily acknowledge our responsibility
entities analyzed, the Glendora by-case section 7 consultations to to communicate meaningfully with
Community Conservancy is the only occur). recognized Federal Tribes on a
small entity. This section estimates government-to-government basis. We
potential impacts of Brodiaea filifolia Civil Justice Reform have determined that there are no tribal
conservation activities to the In accordance with Executive Order lands essential for the conservation of
Conservancy. 12988, the Department of the Interior=s Brodiaea filifolia. Therefore, critical
The Conservancy’s overall annual Office of the Solicitor has determined habitat has not been designated on
budget ranges from $15,000 to $30,000 that this rule does not unduly burden Tribal lands.
and includes such elements as the judicial system and does meet the References Cited
insurance, discounted land taxes, weed requirements of sections 3(a) and 3(b)(2)
abatement, and trail maintenance. The of the Order. We are designating critical A complete list of all references cited
analysis estimates that potential future habitat in accordance with provisions of herein is available, upon request, from
the Field Supervisor, Carlsbad Fish and recordkeeping requirements, Authority: 16 U.S.C. 1361–1407; 16 U.S.C.
Wildlife Office (see ADDRESSES section). Transportation. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–
625, 100 Stat. 3500; unless otherwise noted.
Author Regulation Promulgation
■ 2. In § 17.12(h), revise the entry in the
This rule was prepared by staff at the ■ Accordingly, the Service hereby table for ‘‘Brodiaea filifolia’’ under
Carlsbad Fish and Wildlife Office (see amends part 17, subchapter B of chapter
‘‘FLOWERING PLANTS,’’ to read as
ADDRESSES section).
I, title 50 of the Code of Federal
follows:
Regulations, as set forth below:
List of Subjects in 50 CFR part 17 § 17.12 Endangered and threatened plants.
PART 17—[AMENDED]
Endangered and threatened species, * * * * *
Exports, Imports, Reporting and ■ 1. The authority citation for part 17
(h) * * *
continues to read as follows:
Species Critical Special

Historic range Family Status When listed habitat rules
Scientific name Common names
FLOWERING PLANTS
* * * * * * *
Brodiaea filifolia ....... Thread-leaved U.S.A. (CA) ............. Liliaceae—Lily ........ T 650 17.96(a) NA.
brodiaea.
* * * * * * *
■ 3. In § 17.96(a), add critical habitat for coastal sage scrub-chaparral freshwater marsh communities
Brodiaea filifolia, in alphabetical order communities; or associated with intermittent drainages,
under Family Liliaceae to read as (B) Silty loam soil series underlain by floodplains, and seeps generally
follows: a clay subsoil or caliche that are between 1,800 ft (550 m) and 2,500 ft
generally poorly drained, moderately to (765 m).
§ 17.96 Critical habitat—plants. strongly alkaline, granitic in origin (e.g., (ii) Areas with an intact surface and
(a) Flowering plants. Domino, Grangeville, Waukena, subsurface structure not permanently
* * * * * Willows), that generally occur in low- altered by anthropogenic land use
Family Liliaceae: Brodiaea filifolia lying areas and floodplains, often in activities (e.g., deep, repetitive disking;
(Thread-leaved brodiaea) association with vernal pool or playa grading). These features as well as
(1) Critical habitat units are depicted complexes, between the elevations of associated physical processes (e.g., full
for Brodiaea filifolia on the maps below. 600 ft (180 m) and 1,800 ft (550 m) and sunlight exposure) are essential to
(2) The primary constituent elements support native, annual, or alkali maintain those substrate and vegetation
of critical habitat for Brodiaea filifolia grassland or scrub communities; or types where Brodiaea filifolia is found
consist of the following: (C) Clay loam soil series (e.g., and to support pollinator assemblages
(i) Appropriate soil series and Murrieta) underlain by heavy clay loams necessary to facilitate gene flow within
associated vegetation at suitable or clays derived from olivine basalt lava and among populations of B. filifolia.
elevations of either: flows, that generally occur on mesas and (iii) Critical habitat does not include
(A) Clay soil series of various origins gentle to moderate slopes between the existing features and structures, and the
(e.g., Alo, Altamont, Auld, Diablo), clay elevations of 1,700 ft (520 m) and 2,500 land beneath them, such as open water,
lenses found as unmapped inclusions in ft (765 m) and support native or annual buildings, roads, aqueducts, railroads,
other soil series, or within loamy soils grassland or oak woodland savannah airport runways and buildings, other
underlain by a clay subsoil (e.g., communities associated with basalt paved areas, lawns, and other urban
Fallbrook, Huerhuero, Las Flores) that vernal pools; or landscaped areas not containing one or
generally occur on mesas and gentle to (D) Sandy loam soils derived from more of the primary constituent
moderate slopes, or in association with basalt and granodiorite parent materials, elements.
vernal pools, between the elevations of deposits of gravel, cobble, and boulders, (3) Index map of critical habitat units
100 ft (30 m) and 2,500 ft (765 m) and or hydrologically fractured weathered for Brodiaea filifolia (Thread-leaved
support open native or annual grassland granite in intermittent streams and brodiaea) follows:
communities, open coastal sage scrub or seeps that support open riparian and BILLING CODE 4310–55–P
ER13DE05.000</GPH>
(4) All map units are in the Universal (i) Subunit 1a: Glendora, Los Angeles 422000, 3779300; 422000, 3779500;
Transverse Mercator (UTM) coordinate County, California; land bounded by the 421900, 3779500; 421900, 3779800;
system, North American Datum of 1927 following UTM coordinates (E, N): 422000, 3779800; 422000, 3779900;
(NAD27) projection. 422400, 3779900; 422400, 3779800; returning to 422400, 3779900.
(5) Map Unit 1: Los Angeles, County, 422500, 3779800; 422500, 3779700; (ii) Map of critical habitat Subunit 1a
422600, 3779700; 422600, 3779300;
California, from USGS 1:24,000 for Brodiaea filifolia (Thread-leaved
422400, 3779300; 422400, 3779200;
quadrangle map Glendora California. brodiaea) follows:
422100, 3779200; 422100, 3779300;
ER13DE05.001</GPH>
(iii) Subunit 1b: San Dimas; land 425400, 3777800; 425300, 3777800; 424900, 3778600; returning to 425300,
bounded by the following UTM 425300, 3777700; 425200, 3777700; 3778600.
coordinates (E, N): 425300, 3778600; 425200, 3777500; 424700, 3777500; (iv) Map of critical habitat Subunit 1b
425300, 3778500; 425400, 3778500; 424700, 3777600; 424600, 3777600; for Brodiaea filifolia (Thread-leaved
425400, 3778400; 425500, 3778400; 424600, 3778200; 424700, 3778200; brodiaea) follows:
425500, 3777900; 425400, 3777900; 424700, 3778500; 424900, 3778500;
ER13DE05.002</GPH>
(6) Map Unit 5: Northern San Diego 464800, 3702700; 464900, 3702700; 3702000; 464900, 3702100; 465000,
County, California, from USGS 1:24,000 464900, 3702600; 465000, 3702600; 3702100; returning to 465000, 3702200;
quadrangle maps Margarita Peak, and returning to 465000, 3702200; and land and land bounded by 465272, 3702200;
Fallbrook, California. bounded by 465000, 3702200; 465166, 465400, 3702200; 465400, 3702100;
(i) Subunit 5b: Devil Canyon, San 3702200; 465160, 3701865; 465246, 465500, 3702100; 465500, 3702078;
Diego County; land bounded by the 3701865; 465259, 3701960; 465500, 465261, 3702085; 465264, 3702184;
following UTM coordinates (E, N): 3701955; 465500, 3701500; 465400, returning to 465272, 3702200.
465000, 3702200; 464800, 3702200; 3701500; 465400, 3701300; 465300,
464800, 3702100; 464500, 3702100; 3701300; 465300, 3701200; 464800, (ii) Map of critical habitat Subunit 5b
464500, 3702200; 464300, 3702200; 3701200; 464800, 3701300; 464700, for Brodiaea filifolia (Thread-leaved
464300, 3702700; 464400, 3702700; 3701300; 464700, 3701700; 464800, brodiaea), follows:
464400, 3702800; 464800, 3702800; 3701700; 464800, 3702000; 464900,
ER13DE05.003</GPH>
(7) Map Unit 8: San Marcos, San 481905, 3666339; 481800, 3666382; 3665900; 481655, 3665990; 481635,
Diego County, California, from USGS 481800, 3666400; 481758, 3666400; 3666053; 481622, 3666069; 481612,
1:24,000 quadrangle map San Marcos, 481540, 3666490; returning to 481588, 3666077; 481611, 3666077; 481600,
California. 3666600; and land bounded by: 481765, 3666100; 481561, 3666100; 481401,
(i) Subunit 8d: Upham; land bounded 3666200; 481800, 3666200; 481800, 3666167; 481454, 3666290; 481750,
by the following UTM coordinates (E, 3666266; 481893, 3666230; 481892, 3666160; returning to 481765, 3666200.
N): 481588, 3666600; 481600, 3666600; 3666214; 481890, 3666191; 481866, (ii) Map of critical habitat Subunit 8d
481600, 3666627; 481672, 3666791; 3666173; 481848, 3666144; 481729, for Brodiaea filifolia (Thread-leaved
482059, 3666627; 481935, 3666339; 3665850; 481700, 3665849; 481700, brodiaea) follows:
Dated: November 30, 2005.

Craig Manson,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 05–23693 Filed 12–12–05; 8:45 am]
ER13DE05.004</GPH>
BILLING CODE 4310–55–C

Rule: Endangered and Threatened Species: Critical Habitat Designations&#8212 Thread-Leaved Brodiaea

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Tuesday,

December 13, 2005

Proposed critical habitat Final critical habitat

Proposed critical habitat Final critical habitat

Total ........................................................................................... ................................. 4,690; 1,898 ................... 597; 242

Total .................................................................................................... ...................... 328; 133 269; 109 597; 242

Total habitat Habitat ex-

Los Angeles ...................................................................................................................................... 294 ac .......... 0 ac .............. 294 ac.

Species Critical Special

Dated: November 30, 2005.

BILLING CODE 4310–55–C

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