[Federal Register: August 7, 2007 (Volume 72, Number 151)]
[Proposed Rules]
[Page 44231-44282]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07au07-14]
[[Page 44231]]
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Part II
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Designation of Critical
Habitat for Poa atropurpurea (San Bernardino bluegrass) and Taraxacum
californicum (California taraxacum); Proposed Rule
[[Page 44232]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AV04
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for Poa atropurpurea (San Bernardino bluegrass) and
Taraxacum californicum (California taraxacum)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
designate critical habitat for Poa atropurpurea and Taraxacum
californicum under the Endangered Species Act of 1973, as amended
(Act). We propose approximately 3,014 acres (ac) (1,221 hectares (ha))
of land in San Bernardino and San Diego Counties, California, as
critical habitat for P. atropurpurea, and approximately 1,930 ac (782
ha) of land in San Bernardino County, California, as critical habitat
for T. californicum.
DATES: We will accept comments from all interested parties until
October 9, 2007. We must receive requests for public hearings, in
writing, at the address shown in the ADDRESSES section by September 21,
2007.
ADDRESSES: If you wish to comment on the proposed rule, you may submit
your comments and materials by any one of several methods:
1. You may mail or hand-deliver written comments and information to
Jim Bartel, Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad
Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, CA 92011.
2. You may send comments by electronic mail (e-mail) to
fw8cfwocomments@fws.gov. Please see the Public Comments Solicited
section below for file format and other information about electronic
filing.
3. You may fax your comments to 760-431-9624.
4.You may go to the Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Comments and materials received, as well as supporting
documentation used in the preparation of this proposed rule, will be
available for public inspection, by appointment, during normal business
hours at the Carlsbad Fish and Wildlife Office, 6010 Hidden Valley
Road, Carlsbad, CA 92011 (telephone 760-431-9440).
FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, Carlsbad
Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, CA 92011;
telephone 760-431-9440; facsimile 760-431-9624. Persons who use a
telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
We intend that any final action resulting from this proposal will
be as accurate and as effective as possible. Therefore, we request
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule. We particularly seek comments
concerning:
(1) The reasons why habitat should or should not be designated as
critical habitat under section 4 of the Act (16 U.S.C. 1531 et seq.),
including whether the benefit of designation would outweigh threats to
the species caused by designation such that the designation of critical
habitat is prudent;
(2) Specific information on the amount and distribution of Poa
atropurpurea and Taraxacum californicum habitat, what areas occupied at
the time of listing and that contain features essential for the
conservation of the species should be included in the designations and
why, and what areas not occupied at the time of listing are essential
to the conservation of the species and why;
(3) Specifically with reference to those U.S. Forest Service (USFS)
lands that are proposed for designation, information on any areas
covered by conservation or management plans that we should consider for
exclusion from the designation under section 4(b)(2) of the Act,
particularly the appropriateness of including or excluding lands
covered by the Cleveland National Forest (CNF) habitat management guide
for four sensitive plant species in mountain meadows (CNF 1991), and
the San Bernardino National Forest (SBNF) Meadow Habitat Management
Guide (SBNF 2002a);
(4) Any additional proposed critical habitat areas covered by
conservation or management plans that we should consider for exclusion
from the designation under section 4(b)(2) of the Act. We specifically
request information on any operative or draft habitat conservation
plans that include Poa atropurpurea or Taraxacum californicum as
covered species that have been prepared under section 10(a)(1)(B) of
the Act, or any other management or other conservation plan or
agreement that benefits either plant or its primary constituent
elements;
(5) Land use designations and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat;
(6) Any foreseeable economic, national security, or other potential
impacts resulting from the proposed designation and, in particular, any
impacts on small entities, and the benefits of including or excluding
areas that exhibit these impacts; and
(7) Whether our approach to designating critical habitat could be
improved or modified in any way to provide for greater public
participation and understanding, or to assist us in accommodating
public concerns and comments.
You may submit your comments and materials concerning this proposal
by any one of several methods (see ADDRESSES section). Please include
``Attn: Poa atropurpurea and Taraxacum californicum'' in your e-mail
subject header and your name and return address in the body of your
message. If you do not receive a confirmation from the system that we
have received your message, contact us directly by calling our Carlsbad
Fish and Wildlife Office at 760-431-9440.
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Background
It is our intent to discuss only those topics directly relevant to
the designation of critical habitat in this proposed rule. For more
information on the taxonomy and biology of Poa atropurpurea and
Taraxacum californicum, refer to the final listing rule published in
the Federal Register on September 14, 1998 (63 FR 49006).
Poa atropurpurea, a member of the grass family (Poaceae), is a
dioecious (separate male and female plants), tufted perennial with
creeping rhizomes (Soreng 1993, p. 1287). This species occurs in the
Big Bear region of the San Bernardino Mountains, as well as in meadows
in the Laguna Mountains and Palomar Mountains of San Diego County
(California Department of Fish and Game's California Natural Diversity
Database (CNDDB) 2006a, pp. 1-21).
[[Page 44233]]
Taraxacum californicum, a thick rooted perennial herb in the sunflower
family (Asteraceae), often co-occurs with P. atropurpurea (Krantz 1981,
pp. 10, 14, 16, 21, 26, 30, and 32) in montane meadows in the Big Bear
region of the San Bernardino Mountains.
Poa atropurpurea is restricted to wet montane meadows (Volgarino
2000a, p. 1), subject to flooding in wet years (described as ``vernally
wet marshlands'' by Hirshberg 1994, p. 1), and is commonly found along
the drier margins apart from more mesic plants such as P. pratensis,
Carex spp., or Juncus spp. (Krantz 1981, pp. 4, 10, 14, 16, 21, 26, 30,
and 32). In Laguna Meadow, relatively high densities of P. atropurpurea
(over 500 individuals at one location) have been reported from within
marshy areas and drainages inside the meadow (Hirshberg 1994, p. 1),
indicating this species is not restricted to the drier meadow margins.
The perimeter of such meadows often intergrades with sagebrush scrub
dominated by sagebrush or pine forest (Krantz 1981, p. 4).
Taraxacum californicum is also found in wet meadows (Volgarino
2000b, p. 1), as well as meadow-like forest openings associated with
riparian areas such as Heart Bar Creek (SBNF 2000, p. 55), or the east
fork of Lost Creek, (SBNF 2000, p. 55; CNDDBb, p. 10).
According to the final listing rule (63 FR 49006; September 14,
1998), Poa atropurpurea was known from fewer than 20 populations
throughout its range on Federal, State, and private lands in the San
Bernardino, Laguna, and Palomar Mountains. The final listing rule (63
FR 49006; September 14, 1998) estimated fewer than 100 acres (ac) (40
hectares (ha)) of P. atropurpurea habitat remained in the San
Bernardino Mountains at the time of listing. However, the total area of
documented habitat reported by CNDDB prior to listing (CNDDB 1996, pp.
1-7) was 2,789 ac (1,129 ha) throughout the species range.
According to the final listing rule, Taraxacum californicum was
known from about 20 occurrences on Federal, State, local, and private
lands in the San Bernardino Mountains at the time of listing (63 FR
49006; September 14, 1998). About half of these occurrences were
described in the final listing rule as being located ``within, or
adjacent to, urbanized areas such as Big Bear City, Big Bear Lake
Village, and Sugarloaf in San Bernardino County, California'' (also
referred to as ``Bear Valley'' in herbarium collections; Curto 1992,
pp. 3-5).
According to survey information recorded in the CNDDB, 21
occurrences of Poa atropurpurea (CNDDB 2006a, pp. 1-21) and 41
occurrences of Taraxacum californicum are currently known (CNDDB 2006b,
pp. 1-42). However, surveyor information submitted to the CNDDB comes
from surveyors using various methods to record species occurrence
information. For example, one surveyor may record an area containing
several individual patches as a single occurrence while another may
record each individual patch as a separate occurrence. Therefore, the
status and distribution of these species is discussed below in terms of
the number of meadow areas historically or currently occupied by either
species.
Survey information for both Poa atropurpurea and Taraxacum
californicum is relatively sparse; no systematic surveys have been
conducted for either species on a regular basis. However, between 2000
and 2002, much of the meadow habitat in San Bernardino National Forest
and surrounding lands was surveyed and mapped by San Bernardino
National Forest (SBNF) personnel and private contractors (SBNF 2000,
pp. 47-49; SBNF 2002a, p. 8; Eliason 2007, p. 1). The results were
summarized in a Meadow Habitat Management Guide (Management Guide)
(SBNF 2002a). According to this 2002 Management Guide, a minimum of
4,430 ac (1,793 ha) of meadow habitat has been mapped on SBNF and
surrounding lands (SBNF 2002a, pp. 8 and 13). According to occurrence
information from the SBNF (SBNF 2000, pp. 47-49; SBNF 2002a, p. 8) and
the CNDDB (2006a, pp. 1-21), P. atropurpurea has been documented in 15
meadow areas in the Big Bear area, and 4 meadow areas in the Laguna and
Palomar mountains of San Diego; T. californicum has been documented in
29 meadow areas and 6 meadow-like forest openings in the Big Bear Lake
area (CNDDB 2006b, pp. 1-39).
The number of Taraxacum californicum individuals reported from any
one location during 1999-2002 surveys ranged from 1 to over 150 (CNDDB
2006b, pp. 1-39; Denslow et al. 2002, pp. 12 and 13; SBNF 2000, pp. 56-
59). The highest T. californicum occurrence concentrations have been
reported in South Fork Meadows, Fish Creek Meadow, Bluff Meadow,
Cienega Seca Meadow, Hitchcock Meadow (also referred to as Hitchcock
Ranch), Belleville Meadow (Hitchcock and Belleville Meadows also
referred to as Holcomb Valley), Broom Flat Meadow, Wildhorse Meadow,
and North Shay Meadow (SBNF 2000, pp. 56-59). According to the final
listing rule, population sizes of Poa atropurpurea typically range from
2 to 300 individuals, although 3,000 individuals were reported from
Belleville Meadow in 1999 (SBNF 2000, p. 49). In San Bernardino County,
P. atropurpurea occurrences have been reported near Big Bear Lake in
Bluff Meadow, Hitchcock Meadow, Belleville Meadow, North Shay Meadow,
North Baldwin Lake Meadow, Cienega Seca Meadow, and Pan Hot Springs
Meadow (SBNF 2000, pp. 47-49). In San Diego County, P. atropurpurea has
also been reported from Mendenhall Valley on Palomar Mountain (CNDDB
2006a, p. 3), Laguna Meadow on Laguna Mountain (CNDDB 2006a, pp. 4, 19,
and 20), and Bear Valley southwest of Laguna Mountain (CNDDB 2006a, p.
21). Tables 1 and 2 summarize all occurrence records for both species.
Table 1.--Meadow Areas Historically and/or Currently Occupied by
Taraxacum californicum in San Bernardino County
------------------------------------------------------------------------
USFS CNDDB
Meadow name identification identification
\1\ \2\
------------------------------------------------------------------------
Arrastre Meadow................. ----\3\ 19
Belleville Meadow............... 8, 9, 60 25
Big Meadow...................... 17, 16, 45 36
Bluff Meadow.................... 50, 49, 11, 30, 13
33, 48, 12
Bow Meadow...................... 39 33
Broom Flat Meadow............... 69, 58 32
China Gardens/Eagle Point 3, 6, 7, 2, 34, 29 21
Meadows........................
Cienega Seca Meadow............. 63 2
[[Page 44234]]
Division Meadow................. 38 41
East/West Observatory Meadows... 4, 32 30
Erwin Meadows................... 64 26
Fawnskin Meadow................. ---- 45
Fish Creek Meadow............... 56, 57 6
18, 55 31
54 37
67 x \4\
Green Spring Meadow............. 23 12
Hitchcock Meadow................ 24, 5, 10 20
Horse Meadow.................... 35 5
Juniper Point Meadow............ 42, 41, 40 43
Merriman Meadow................. 51 39
Metcalf Meadow.................. 46, 47, 59 29
Metcalf/Coldbrook Meadows....... 13, 14 16
Minnelusa Meadow................ 44, 43 42
North Baldwin Meadow............ 26 17
Pan Hot Springs Meadow.......... 27 24
25 27
Rathbun Meadow.................. ---- 22
Red Ant Meadow.................. 37 38
Seven Oaks Meadow............... ---- 14
Shay Meadow..................... 62 28
36 40
South Fork Meadow............... 19, 31, 21, 20, 52 1
53, 22 3
Wildhorse Meadow................ 1, 15 34
60 35
Un-named Meadow area (E of 65 11
Southfork Meadow)..............
Un-named Meadow area (west of 28 9
Shay Meadow and town of
Sugarloaf).....................
Un-named Meadow area (S of Horse ---- 44
Meadow)........................
Un-named Meadow area (S of ---- 7
Sugarloaf Meadow)..............
Un-named Meadow area (SE of Big 66 4
Meadow)........................
Un-named Meadow area (vicinity ---- 10
of Fish Creek Meadow)..........
------------------------------------------------------------------------
\1\ U.S. Forest Service (USFS) identification = occurrence
number or numbers assigned by the San Bernardino National Forest (SBNF
2000).
\2\ CNDDB identification = occurrence number assigned by the
California Natural Diversity Database (CNDDB) (2006).
\3\ ---- = No geographically corresponding occurrence identified by the
San Bernardino National Forest (SBNF 2000).
\4\ x = No geographically corresponding occurrence identified by the
CNDDB (2006).
Table 2.--Meadow Areas Historically and/or Currently Occupied by Poa
atropurpurea in San Bernardino and San Diego Counties
------------------------------------------------------------------------
USFS CNDDB
Meadow name identification identification
\1\ \2\
------------------------------------------------------------------------
San Bernardino County
------------------------------------------------------------------------
Alden Meadow................... --- \3\ 14
Belleville Meadow.............. 1, 2, 3, 4, 5, 6, 10
59, 54
Big Bear City meadow fragments. 16, 17, 18, 19, 20 19
Bluff Meadow................... 10 13
China Gardens/Eagle Point 7, 8, 9, 21, 22, 2
Meadows. 23, 24, 25, 26,
27, 28, 30, 31,32,
57, 58, 63
Cienega Seca Meadow............ 62 12
East Baldwin Meadow............ 56 x \4\
Erwin Meadows.................. ---- 24
Hitchcock Meadow............... 33, 34, 35, 36, 11
37, 38, 39, 40,
41, 42, 43, 44,
45, 46, 47,48, 49,
50, 51, 52, 53, 55
Metcalf/Coldbrook Meadows...... ---- 16
North Baldwin Meadow........... 12 1
Pan Hot Springs Meadow......... 13 17
---- ``near 17''
[[Page 44235]]
Rathbun Meadow................. ---- -21
---- 23
Shay Meadow.................... 60 x
14, 15, 61
Wildhorse Meadow............... 11 22
------------------------------------------------------------------------
San Diego County
------------------------------------------------------------------------
Bear Valley.................... 29
---- 5
Laguna Meadow.................. ---- 27
---- 28
Filaree Flats (N of Laguna 8
Meadow).
Mendanhall Valley.............. 4
------------------------------------------------------------------------
\1\ U.S. Forest Service (USFS) USFS identification =
occurrence number or numbers assigned by the San Bernardino National
Forest (SBNF 2000).
\2\ CNDDB identification = occurrence number assigned by the
California Natural Diversity Database (CNDDB) (2006).
\3\ --- = No geographically corresponding occurrence identified by the
San Bernardino National Forest (SBNF 2000).
\4\ x = No geographically corresponding occurrence identified by the
CNDDB (2006).
As stated in the final listing rule, co-occurrence of male and
female plants of Poa atropurpurea is necessary for seed production (63
FR 49006; September 14, 1998). There is evidence that populations of P.
atropurpurea in San Diego County are threatened by loss of genetic
diversity and skewed sex ratios. According to the CNDDB (2006a, p. 21),
all individuals reported from Bear Valley may be a single clone.
Hirshberg (1994, pp. 1-2) reported only 4 males out of 1,140 total
individuals during field surveys of Laguna Meadow, an overall 1:285
male to female ratio. All five herbarium specimens from Laguna Meadow
reviewed by Curto (1992, p. 3) were female (one from 1978, three from
1981, and one from 1991). It is not known what may be the cause of
these skewed sex ratios, or how the sex ratios may vary annually.
According to the final listing rule introduced plant taxa have
likely reduced the amount of suitable habitat for both species, and
hybridization with exotic congeners may also be a threat (63 FR 49006;
September 14, 1998). Of particular concern for Poa atropurpurea in
grazed areas is exacerbation of the invasion of P. pratensis by grazing
and consumption of P. atropurpurea seeds prior to seed set (Sproul and
Beauchamp 1979, pp. 4, 5, and 6; CNF 1991, pp. 13-17; Curto 1992, pp.
10 and 11; Soreng 2000, pp. 1-4). Possible hybridization with common
nonnative congeners has been discussed as a threat for P. atropurpurea
(Curto 1992, p. 11), but is of particular concern with regard to
Taraxacum californicum and the common invasive T. officinale (SBNF 2000
p. 40; SBNF 2002a, p. 114).
Previous Federal Actions
For more information on previous Federal actions concerning Poa
atropurpurea or Taraxacum californicum, refer to the final listing rule
for six plants from the mountains of southern California, including
both of these species, published in the Federal Register on September
14, 1998 (63 FR 49006). At that time, we determined that the
designation of critical habitat was not prudent due to the potential
increase of threats from vandalism, over-collection, or other human
activities. On September 13, 2004, the Center for Biological Diversity
and the California Native Plant Society filed suit against the Service
(CBD and CNPS v. Norton, 04-1150 RT SGLx; C.D. Cal.) challenging our
not prudent finding. As a result of a stipulation approved by the court
on April 20, 2007, the Service is required to submit a proposed rule to
designate critical habitat for these species, if prudent, to the
Federal Register on or before July 27, 2007, and a final rule on or
before July 25, 2008. We agreed to complete a critical habitat
determination for these two species in a single rulemaking because they
share similar habitats. We have re-evaluated our previous not prudent
determination and now believe that identification of primary
constituent elements and areas containing those features essential to
the conservation of the species may provide educational information to
individuals, local and State governments, and other entities. We do not
have any documentation that over-collection has increased since these
species were listed, and most landowners and collectors have been aware
of the location of occupied habitat adjacent to or bisected by
classified and unclassified roads since publication of the final
listing rule in 1998. Although these species are limited in their
ecological and geographical ranges, we have no information supporting
our concern that a critical habitat designation would not be prudent
due to the threat of over-collection or vandalism, and now believe that
the benefits of identifying critical habitat for these species
outweighs the potential risk of over-collection.. Thus, we are
proposing to designate critical habitat for P. atropurpurea and T.
californicum in accordance with section 4(b)(2) of the Act.
Critical Habitat
Critical habitat is defined in section 3 of the Act as--(i) the
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the Act, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) that may require special management
considerations or protection; and (ii) specific areas outside the
geographical area occupied by a species at the time it is listed, upon
a determination that such areas are essential for the conservation of
the species. Conservation, as defined under section 3 of the Act, means
to use and the use of all methods and procedures that are necessary to
bring any endangered species or threatened species to the point at
which the measures provided under the Act are no longer necessary.
[[Page 44236]]
Critical habitat receives protection under section 7 of the Act
through the prohibition against destruction or adverse modification of
critical habitat with regard to actions carried out, funded, or
authorized by a Federal agency. Section 7(a)(2) of the Act requires
consultation on Federal actions that may affect critical habitat. The
designation of critical habitat does not affect land ownership or
establish a refuge, wilderness, reserve, preserve, or other
conservation area. Such designation does not allow government or public
access to private lands. Section 7(a)(2) of the Act is a purely
protective measure and does not require implementation of restoration,
recovery, or enhancement measures.
To be included in a critical habitat designation, habitat within
the geographical area occupied by the species at the time of listing
must first have features that are essential to the conservation of the
species. Critical habitat designations identify, to the extent known
using the best scientific data available, habitat areas that provide
essential life cycle needs of the species (areas on which are found the
primary constituent elements, as defined at 50 CFR 424.12(b)).
Areas unoccupied at the time of listing can be designated as
critical habitat. However, when the best available scientific data do
not demonstrate that the conservation needs of the species require
additional areas, we will not designate critical habitat in areas
outside the geographical area occupied by the species at the time of
listing.
Section 4 of the Act requires that we designate critical habitat on
the basis of the best scientific and commercial data available.
Further, the Service's Policy on Information Standards Under the
Endangered Species Act, published in the Federal Register on July 1,
1994 (59 FR 34271), and Section 515 of the Treasury and General
Government Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554;
H.R. 5658) and the associated Information Quality Guidelines issued by
the Service, provide criteria, establish procedures, and provide
guidance to ensure that decisions made by the Service represent the
best scientific data available. They require Service biologists to the
extent consistent with the Act and with the use of the best scientific
data available, to use primary and original sources of information as
the basis for recommendations to designate critical habitat. When
determining which areas are critical habitat, a primary source of
information is generally the listing package for the species.
Additional information sources may include the recovery plan for the
species, articles in peer-reviewed journals, conservation plans
developed by States and counties, scientific status surveys and
studies, biological assessments, or other unpublished materials and
expert opinion or personal knowledge. All information is used in
accordance with the provisions of Section 515 of the Treasury and
General Government Appropriations Act for Fiscal Year 2001 (Pub. L.
106-554; H.R. 5658) and the associated Information Quality Guidelines
issued by the Service.
Habitat is often dynamic, and species may move from one area to
another over time. Furthermore, we recognize that designation of
critical habitat may not include all of the habitat areas that may
eventually be determined to be necessary for the recovery of the
species. For these reasons, critical habitat designations do not signal
that habitat outside the designation is unimportant or may not be
required for recovery.
Areas that support populations, but are outside the critical
habitat designation, will continue to be subject to conservation
actions implemented under section 7(a)(1) of the Act and to the
regulatory protections afforded by the section 7(a)(2) jeopardy
standard, as determined on the basis of the best available information
at the time of the action. Federally funded or permitted projects
affecting listed species outside their designated critical habitat
areas may still result in jeopardy findings in some cases. Similarly,
critical habitat designations made on the basis of the best available
information at the time of designation will not control the direction
and substance of future recovery plans, habitat conservation plans, or
other species conservation planning efforts if new information
available to these planning efforts calls for a different outcome.
Methods
As required by section 4(b) of the Act, we use the best scientific
data available in determining areas occupied at the time of listing
that contain the features essential to the conservation of Poa
atropurpurea and Taraxacum californicum individually, and areas not
occupied at the time of listing that are essential to the conservation
of P. atropurpurea and T. californicum individually. We have also
reviewed available information that pertains to the habitat
requirements of these species. These sources of information included,
but were not limited to, the proposed (60 FR 39337; August 2, 1995) and
final (63 FR 49006; September 14, 1998) rules to list these species;
data and information published in peer-reviewed articles; data and
information contained in reports prepared for or by the U.S. Forest
Service (USFS); discussions with species experts including USFS
personnel; data and information presented in academic research theses;
data provided by the CNDDB; herbarium records; data submitted during
section 7 consultations; and regional Geographic Information Systems
(GIS) data. We are not currently proposing as critical habitat any
areas outside the geographical area presently occupied by either
species.
Primary Constituent Elements
In accordance with section 3(5)(A)(i) of the Act and regulations at
50 CFR 424.12, in determining which areas to propose as critical
habitat within areas occupied by the species at the time of listing, we
consider those physical and biological features (primary constituent
elements) that are essential to the conservation of the species and
that may require special management considerations or protection. These
include, but are not limited to: (1) Space for individual and
population growth and for normal behavior; (2) food, water, air, light,
minerals, or other nutritional or physiological requirements; (3) cover
or shelter; (4) sites for breeding, reproduction, and rearing (or
development) of offspring; and (5) habitats that are protected from
disturbance or are representative of the historic geographical and
ecological distributions of a species.
The specific primary constituent elements (PCEs) required for Poa
atropurpurea and Taraxacum californicum individually, are derived from
the biological needs of each species as described in the final listing
rule (63 FR 49006; September 14, 1998) and discussed below.
Space for Individual and Population Growth, and Nutritional
Requirements
Open-canopy forested areas supporting relatively undisturbed, wet
meadows subject to flooding during wet years support growth,
reproduction (SBNF 2002a, p. 109; Curto 1997, p. 12), and pollination
(by wind for Poa atropurpurea, by insects for Taraxacum californicum)
of both species. T. californicum also occurs in smaller forest openings
with seeps, springs, or creeks. Due to the relatively small size of
these forest openings, these areas are not generally mapped or named as
meadows. We've referred to these areas as unnamed meadow areas (please
refer to Table 1). These species require non-
[[Page 44237]]
compacted or non-eroded soils for reproduction, growth, and survival
(Curto 1997, p. 12). Invasive nonnative species may compete for open,
bare ground and reduce space available for growth (Curto 1992, p. 10),
and therefore, these species require micro-habitats free of exotic,
invasive competitors. Habitat invaded by the nonnative species T.
officinale may result in hybridization with T. californicum, and
prevent population growth (SBNF 2000 p. 40; SBNF 2002a, p. 114). Both
species require a perennial water source, as exists in relatively
intact, wet meadow systems (Service GIS database; Eliason 2007, p. 1).
Soils occupied by Poa atropurpurea have been characterized as loamy
alluvial to sandy loam (CNDDB 2006a, pp. 1-21) that experience periodic
saturation (Volgarino et al. 2000a, p. 1; Hirshberg 1994, p. 1). In a
distribution study of P. atropurpurea, Krantz (1981, p. 8) noted that
in San Bernardino County the species usually occurs in open (50 percent
bare ground) soils with some clay content in the A horizon (0 to 12
inches (in) (0-30 centimeters (cm)). Krantz (1981, p. 8) also stated,
however, that the San Diego County population (Laguna Meadow) had
somewhat different habitat parameters than the San Bernardino
populations, and limited his descriptions to the latter. Volgarino et
al. (2000a, p.1) listed United States Department of Agriculture (USDA)
soil series for an incomplete list of meadows, in which P. atropurpurea
occurs in San Diego County as Lu, Rieff (USDA 2000a, p. 1), and Crouch
(USDA 1997a, p.1). We are currently not able to find a description of
``Lu'' series soils. Volgarino et al. (2000a, p.1) listed USDA soil
series in which P. atropurpurea occurs in San Bernardino County as
Morical (USDA 2004, p. 1), Hodgson (USDA 2005a, p. 1), Hecker (USDA
1997a, p. 1), Avawatz (USDA 1978, p. 1), Oak Glen (USDA 2003, p. 1),
Olete (USDA 1999a, p. 1), Goulding (USDA 1999b, p. 1), Pacifico (USDA
2000b, p. 1), and Preston (USDA 1998, p. 1). The soil series
descriptions cited above support the general ``loamy alluvial to sandy
loam'' characterization of P. atropurpurea habitat soils (CNDDB 2006a,
pp. 1-21).
Soils occupied by Taraxacum californicum appear to be similar to
those occupied by Poa atropurpurea. Volgarino et al. (2000b, p. 1)
listed USDA soil series for an incomplete list of meadows, in which T.
californicum occurs as Morical (USDA 2004, p. 1), Hodgson (USDA 2005a,
p. 1), Hecker (USDA 1997a, p. 1), Pacifico (USDA 2000b, p. 1), Preston
(USDA 1998, p. 1), Merkel (USDA 2005b), and Wapal (USDA 2005c, p. 1).
Similar to P. atropurpurea, the soil series descriptions cited above
also support a general ``loamy alluvial to sandy loam''
characterization of T. californicum habitat soils.
The two species do appear to differ in their ability to colonize
steeper slopes. Volgarino et al. (2000a, p. 2; 2000b, p. 2) described
slopes on which Poa atropurpurea occurs as 0 to16 percent (with
potential for occurrence on steeper slopes), and slopes on which
Taraxacum californicum occurs as 0 to 46 percent. This difference in
maximum slope where the species are found may be due to P. atropurpurea
occurring farther from the banks of meadow water courses than T.
californicum.
Primary Constituent Elements for Poa atropurpurea and Taraxacum
californicum
Under the Act and its implementing regulations, we are required to
identify the physical and biological features (PCEs) within the
geographical area occupied by the species at the time of listing that
may require special management considerations or protection.
Based on the above needs and our current knowledge of the life
history, biology, and ecology of the species, we have determined that
the PCEs for Poa atropurpurea are:
(1) Wet meadows subject to flooding during wet years in the San
Bernardino Mountains in San Bernardino County at elevations of 6,700 to
8,100 feet (2,000 to 2,469 meters), and in the Laguna and Palomar
Mountains of San Diego County at elevations of 6,000 to 7,500 feet
(1,800 to 2,300 meters), that provide space for individual and
population growth, reproduction, and dispersal; and
(2) Well-drained, loamy alluvial to sandy loam soils occurring in
the wet meadow system, with a 0 to 16 percent slope, to provide water,
air, minerals, and other nutritional or physiological requirements to
the species.
Based on the above needs and our current knowledge of the life
history, biology, and ecology of the species, we have determined that
the PCEs for Taraxacum californicum are:
(1)Wet meadows subject to flooding during wet years and forest
openings with seeps, springs, or creeks in the San Bernardino Mountains
in San Bernardino County located at elevations of 6,700 to 9,000 feet
(2,000 to 2,800 meters), that provide space for individual and
population growth, reproduction, and dispersal; and
(2)Well-drained, loamy alluvial to sandy loam soils occurring in
the wet meadow system or forest openings with seeps, springs, or
creeks, with a 0 to 46 percent slope, to provide water, air, minerals,
and other nutritional or physiological requirements to the species.
We propose to designate units based on sufficient PCEs being
present to support at least one of the species' life history functions.
This proposed designation is designed for the conservation of PCEs
necessary to support the life history functions of the species and the
areas containing those PCEs.
Special Management Considerations or Protection
When designating critical habitat, we assess whether the areas
occupied at the time of listing contain the features essential to the
conservation of the species that may require special management
considerations or protection. Major threats to Poa atropurpurea and
Taraxacum californicum include development on private lands, grazing,
off-highway vehicle (OHV) use, road maintenance activities, ground
disturbance that affects surface hydrology, mining activities,
recreational activities, habitat fragmentation, and the invasion of
nonnative herbaceous plants. Please refer to the unit descriptions in
the Proposed Critical Habitat Designation section for further
discussion of special management considerations or protection of the
PCEs related to geographically specific threats to P. atropurpurea and
T. californicum.
Control and monitoring of exotic, invasive plant species may be
required to maintain wet meadows and/or forest openings such that they
can continue to support populations of P. atropurpurea and/or T.
californicum.
Special management considerations or protection of the wet meadows
may need to be implemented to support fertilization and seed set of P.
atropurpurea (Curto 1992, p. 11; Soreng 2000, pp. 1-4), and monitoring
and protection of male P. atropurpurea clones may be required to
maintain populations of P. atropurpurea.
There are two USFS management guides that address conservation of
Poa atroputpurea and Taraxacum californicum: the CNF habitat management
guide for four sensitive plant species in mountain meadows (CNF 1991,
pp. 1-36) addresses conservation of P. atropurpurea, and the SBNF
Meadow Habitat Management Guide (SBNF 2002a, pp. 1-155) addresses
conservation of both species. In some cases significant management
actions have been implemented by the
[[Page 44238]]
USFS, for example cattle exclosures in Laguna Meadow (CNF 1991, p. 17),
and recreational trail closures in Belleville Meadow near Big Bear Lake
(SBNF 2002a, p. 5). However, the habitat management guides and plans
are voluntary and may not provide for the long-term conservation of the
species on USFS lands.
Criteria Used To Identify Critical Habitat
We are proposing to designate critical habitat in areas that we
have determined were occupied at the time of listing and that contain
sufficient primary constituent elements (PCEs) to support life history
functions essential for the conservation of the species. We are
proposing lands for designation based on sufficient PCEs being present
to support the life processes. To delineate proposed critical habitat,
we identified habitat that contains features essential to the
conservation of Poa atroputpurea and Taraxacum californicum, was
occupied at the time of listing, and is currently occupied. Occupancy
status was determined using occurrence data from the SBNF (SBNF 2000,
SBNF 2002a, SBNF GIS database), the CNDDB (2005a and b), and the Rancho
Santa Ana Botanical Gardens (Denslow et al. 2002, pp. 12 and 13). We
determined occupancy at the time of listing by comparison of survey and
collection information and descriptions of occupied areas in the final
listing rule published in the Federal Register on September 14, 1998
(63 FR 49006). Areas containing a large number of individual plants
(relative to all known occupied locations) recorded within at least two
years of listing, were considered to be occupied at the time of listing
because the presence of a large number of individual plants within an
area indicates that such area has been occupied for over two years.
We determined current occupancy based on the most recent survey
information. Areas containing occurrence records dated 1999 or later
were considered currently occupied. Once we determined areas currently
occupied by each of the species, we used the following rule set to
identify areas for inclusion in this proposed critical habitat
designation for each species: (1) We considered areas within existing
USFS-modeled potential habitat specific to the species (Volgarino et
al. 2000a, pp. 1-2; 2000b, pp. 1-2) and meadow outlines drawn from
aerial or satellite imagery, and selected habitat that appeared to
appropriately capture features essential to the conservation of each
species (PCEs); (2) we limited the delineation within any modeled
habitat to within 328 ft (100 meters) of occurrence locations, a
distance commonly acknowledged as the limit for short-distance wind-
driven dispersal of seeds in Taraxacum spp. (Tackenberg et al. 2003, p.
1), and a likely distance for flood-driven dispersal of P. atropurpurea
rhizomes; and (3) as a final step, we removed any meadow habitat that
was developed or degraded (i.e. not likely to contain PCEs) to ensure
proposed critical habitat contains features essential to conservation
of each of the species. We also did not consider any meadows containing
less than 10 reported individuals, as these populations are likely to
be extirpated and we therefore do not believe these populations would
likely contribute to the conservation of each species.
When determining proposed critical habitat boundaries for each
species within this proposed rule, we made every effort to avoid
including developed areas such as buildings, paved areas, and other
structures that lack PCEs for Poa atroputpurea and Taraxacum
californicum. The scale of the maps prepared under the parameters for
publication within the Code of Federal Regulations may not reflect the
exclusion of such developed areas. Any such structures and the land
under them inadvertently left inside critical habitat boundaries shown
on the maps of this proposed rule have been excluded by text in the
proposed rule and are not proposed for designation as critical habitat.
Therefore, Federal actions limited to these areas would not trigger
section 7 consultation, unless they may affect the species or primary
constituent elements in adjacent critical habitat.
Proposed Critical Habitat Designation
In total, we are proposing as critical habitat 9 units for Poa
atropurpurea and 11 units for Taraxacum californicum, with 5 of these
units containing both species (see Tables 3, 4, and unit descriptions
below). The critical habitat areas described below constitute our best
current assessment of areas that meet the definition of critical
habitat for P. atropurpurea and T. californicum. We have determined
that all areas proposed as critical habitat for P. atropurpurea and T.
californicum were occupied at the time of listing and are currently
occupied (Tables 3 and 4).
Table 3.--Occupancy and Approximate Size of Critical Habitat Units for Taraxacum californicum.
----------------------------------------------------------------------------------------------------------------
Acres
Unit Occupied at time of listing Currently occupied (hectares)
----------------------------------------------------------------------------------------------------------------
2 North Baldwin Meadow............ Yes.......................... Yes.......................... 176 (72)
3 Belleville Meadow............... Yes.......................... Yes.......................... 414 (168)
4 Hitchcock Meadow................ Yes.......................... Yes.......................... 497 (201)
5 Bluff Meadow.................... Yes.......................... Yes.......................... 205 (83)
6 North Shay Meadow............... Yes.......................... Yes.......................... 21 (8)
7 Horse Meadow.................... Yes.......................... Yes.......................... 74 (30)
8 Fish Creek Meadow............... Yes.......................... Yes.......................... 89 (36)
9 Broom Flat Meadow............... Yes.......................... Yes.......................... 188 (76)
10 Wildhorse Meadow............... Yes.......................... Yes.......................... 52 (21)
11 Cienega Seca Meadow............ Yes.......................... Yes.......................... 98 (40)
12 South Fork Meadow.............. Yes.......................... Yes.......................... 116 (47)
----------------------------------------------------------------------------------------------------------------
Table 4.--Occupancy and Approximate Size of Critical Habitat Units for Poa atropurpurea
----------------------------------------------------------------------------------------------------------------
Acres
Unit Occupied at time of listing Currently occupied (hectares)
----------------------------------------------------------------------------------------------------------------
1 Pan Hot Springs Meadow.......... Yes.......................... Yes.......................... 142 (57)
2 North Baldwin Meadow............ Yes.......................... Yes.......................... 176 (72)
3 Belleville Meadow............... Yes.......................... Yes.......................... 414 (168)
4 Hitchcock Meadow................ Yes.......................... Yes.......................... 497 (201)
[[Page 44239]]
5 Bluff Meadow.................... Yes.......................... Yes.......................... 205 (83)
11 Cienega Seca Meadow............ Yes.......................... Yes.......................... 98 (40)
13 Mendenhall Valley.............. Yes.......................... Yes.......................... 291 (118)
14 Laguna Meadow.................. Yes.......................... Yes.......................... 1,089 (441)
15 Bear Valley.................... Yes.......................... Yes.......................... 102 (41)
----------------------------------------------------------------------------------------------------------------
The areas proposed as critical habitat for Taraxacum californicum
are: (1) Unit 2--North Baldwin Meadow; (2) Unit 3--Belleville Meadow;
(3) Unit 4--Hitchcock Meadow; (4) Unit 5--Bluff Meadow; (5) Unit 6--
North Shay Meadow; (6) Unit 7--Horse Meadow; (7) Unit 8--Fish Creek
Meadow; (8) Unit 9--Broom Flat Meadow; (9) Unit 10--Wildhorse Meadow;
(10) Unit 11--Cienega Seca Meadow; and (11) Unit 12--South Fork Meadow.
The areas proposed as critical habitat for Poa atropurpurea are:
(1) Unit 1--Pan Hot Springs Meadow; (2) Unit 2--North Baldwin Meadow;
(3) Unit 3--Belleville Meadow; (4) Unit 4--Hitchcock Meadow; (5) Unit
5--Bluff Meadow; (6) Unit 11--Cienega Seca Meadow; (7) Unit 13--
Mendenhall Valley; (8) Unit 14--Laguna Meadow; and (9) Unit 15--Bear
Valley.
The approximate area and land ownership of each proposed critical
habitat unit is shown in Tables 5 and 6.
Table 5.--Critical Habitat Units Proposed for Taraxacum californicum
[Area estimates reflect all land within critical habitat unit
boundaries]
------------------------------------------------------------------------
Acres
Critical habitat unit Land ownership \1\ (hectares)
------------------------------------------------------------------------
2 North Baldwin Meadow............ SBNF................ 78 (32)
CDFG................ 98 (40)
3 Belleville Meadow............... SBNF................ 409 (166)
Private (LSA)....... 5 (2)
4 Hitchcock Meadow................ SBNF................ 166 (67)
Private (BSA, 330 (134)
others).
5 Bluff Meadow.................... SBNF................ 135 (55)
Private (WC)........ 70 (28)
6 North Shay Meadow............... SBNF................ 21 (8)
7 Horse Meadow.................... SBNF................ 74 (30)
8 Fish Creek Meadow............... SBNF................ 89 (36)
9 Broom Flat Meadow............... SBNF................ 188 (76)
10 Wildhorse Meadow............... SBNF................ 52 (21)
11 Cienega Seca Meadow............ SBNF................ 20 (8)
Private (LACEF)..... 78 (32)
12 South Fork Meadow.............. SBNF................ 116 (47)
------------------------------------------------------------------------
\1\ BSA = Boy Scouts of America, CDFG = California Department of Fish
and Game, LACEF = Los Angeles County Education Foundation, LSA =
Lithuanian Scouts Association, SBNF = U.S. Forest Service (lands in
the San Bernardino National Forest), WC = Wildlands Conservancy.
Table 6.--Critical Habitat Units Proposed for Poa atropurpurea
[Area estimates reflect all land within critical habitat unit
boundaries]
------------------------------------------------------------------------
Acres
Critical habitat unit Land ownership \1\ (hectares)
------------------------------------------------------------------------
1 Pan Hot Springs Meadow.......... SBNF................ 13 (5)
Private (BBCCSD, 129 (52)
others).
2 North Baldwin Meadow............ SBNF................ 78 (32)
CDFG................ 98 (40)
3 Belleville Meadow............... SBNF................ 409 (166)
Private (LSA)....... 5 (2)
4 Hitchcock Meadow................ SBNF................ 166 (67)
Private (BSA, 330 (134)
others).
5 Bluff Meadow.................... SBNF................ 135 (55)
Private (WC)........ 70 (28)
11 Cienega Seca Meadow............ SBNF................ 20 (8)
Private (LACEF)..... 78 (32)
13 Mendenhall Valley.............. CNF................. 160 (65)
Private............. 130 (53)
14 Laguna Meadow.................. CNF................. 1,089 (441)
15 Bear Valley.................... CNF................. 102 (41)
------------------------------------------------------------------------
\1\ BBCCSD = Big Bear City Community Services District, BSA = Boy Scouts
of America, CDFG = California Department of Fish and Game, CNF = U.S.
Forest Service (lands in the Cleveland National Forest), LACEF = Los
Angeles County Education Foundation, LSA = Lithuanian Scouts
Association, SBNF = U.S. Forest Service (lands in the San Bernardino
National Forest), WC = Wildlands Conservancy.
[[Page 44240]]
We present brief descriptions of all units, and reasons why they
meet the definition of critical habitat for Poa atropurpurea and/or
Taraxacum californicum, below. The PCEs for these two species, and
their occupancy patterns, may not always overlap. For example, steeper
slopes near a watercourse at the center of a meadow are more likely to
support T. californicum. However, such micro-habitat components cannot
be differentiated within a meadow based on information we have
available for unit mapping. If we were proposing these designations
separately, the units for each species would still be mapped the same.
Therefore, the boundaries for Units 2, 3, 4, 5, and 11 are the same for
both species, and we are proposing these units for each species
individually.
Unit 1: Pan Hot Springs Meadow
We are proposing to designate Unit 1 as critical habitat for Poa
atropurpurea. Unit 1 consists of an approximately 142-ac (57-ha) meadow
occupied by the species at the time of listing, and the species
continues to occur within this unit. In the last known survey conducted
for Taraxacum californicum in 1985, fewer than 10 individuals were also
reported from Unit 1 (CNDDB 2006; SBNF 2000). Therefore, this unit is
being proposed as critical habitat for P. atropurpurea only. This unit
contains all of the features essential to the conservation of the
species, and both sexes of P. atropurpurea have been reported from this
location (CNDDB 2006a, p. 12; SBNF 2000, p. 47). It is located within
the San Bernardino National Forest boundary, east of Big Bear Lake,
just west of Baldwin Lake. The majority of Unit 1 is privately owned by
the Big Bear City Community Service District (BBCCSD).
The species is threatened in this unit by invasion of nonnative
herbaceous annuals. Horse grazing and roadside dumping have also been
reported at this location (CNDDB 2006a, p. 12). Although ten acres of
the BBCCSD property are under a deed-restriction to protect known
occurrences of Thelypodium stenopetalum and Sidalcea pedata (federally
listed pebble plains plants; 49 FR 34497; August 31, 1984), the
drainage feeding the habitat was not included in the deed restriction.
Without control of water availability, the plants are still threatened
(SBNF 2002a, p. 25). Therefore, special management considerations or
protection may be required to restore, protect, and maintain the PCEs
supported by Unit 1 due to the threats from human disturbance, water
source alteration, and invasive nonnative plant species.
Unit 2: North Baldwin Meadow
We are proposing to designate Unit 2 as critical habitat for Poa
atropurpurea and Taraxacum californicum. Unit 2 consists of
approximately 176 ac (72 ha) of non-degraded meadow occupied by both
species at the time of listing, and both species continue to occur
within this unit. Unit 2 contains all of the features essential to the
conservation of both species. It is located within the San Bernardino
National Forest, on the north shore of Baldwin Lake, and northeast of
Big Bear Lake. Approximately half of Unit 2 is federally owned, and
half is owned by CDFG.
Habitat in this area was historically impacted by authorized and
unauthorized vehicle use, mining activity, residential development, and
grazing by burros (CNDDB 2006a, p. 1; SBNF 2002a, p. 33; SBNF 2002b, p.
57). The meadow is relatively protected, but it is adjacent to State
Route 18 and accessible to the public (SBNF 2000, p. 57). Disruption of
the hydrologic regime by upstream development, trampling during illegal
woodcutting, and quartzite theft activities have been identified as
past threats in this unit (CNDDB 2006b, p. 16). Poa atropurpurea and
Taraxacum californicum are threatened in this unit by competition from
invasion of nonnative, herbaceous annuals. Therefore, special
management considerations or protection may be required to restore,
protect, and maintain the PCEs supported by Unit 2 due to the threats
from upstream development, nonnative species invasion, and human
disturbance.
Unit 3: Belleville Meadow
We are proposing to designate Unit 3 as critical habitat for Poa
atropurpurea and Taraxacum californicum. Unit 3 consists of an
approximately 414-ac (168-ha) meadow occupied by both species at the
time of listing, and both species continue to occur within this unit.
Unit 3 (also referred to as Upper Holcomb Valley) contains all of the
features essential to the conservation of both species. Although most
individuals of P. atropurpurea observed were reported to be male, both
sexes are present (SBNF 2000, p. 47). In 1999, the T. californicum
population in Unit 3 was reported to be ``large'' and ``healthy'' with
no apparent T. officinale hybrids (SBNF 2000, p. 56). Unit 3 is located
within the San Bernardino National Forest, north of Big Bear Lake, and
east of Hitchcock Meadow (Unit 4). The vast majority of lands within
this unit are federally owned (409 ac (166 ha)), with only 5 ac (2 ha)
of meadow habitat privately owned by the Lithuanian Scouts Association.
Habitat in this unit may be impacted by recreational activities and
nearby diffuse mining operations (CNDDB 2006a, p. 6; Eliason 2007), and
USFS roads have impacted meadow habitat, resulting in direct habitat
loss and effects to meadow hydrology. Several areas of Belleville
Meadow are currently heavily utilized for dispersed recreation,
including vehicle use along the classified roads through the site,
hiking and mountain biking along the Gold Fever Trail, and use of
Holcomb Valley Campground near the western portion of the meadow.
Several mining claims also exist in the meadow. Unauthorized vehicle
activity and mountain biking off of classified roads and trails have
caused devegetation and alteration of surface hydrology in some areas
(SBNF 2002a, p. 36). P. atropurpurea and T. californicum are also
threatened in this unit by invasion of nonnative, herbaceous annuals.
USFS has erected signs and fencing, and conducted outreach to
protect occurrences in this unit (SBNF 2002a, p. 37). For example, to
reduce impacts to Poa atropurpurea, trails from Holcomb Valley
Campground were disguised and rehabilitated, and the area was protected
through barricading and signing (SBNF 2002a, p. 5). Nearby trails that
did not go through listed plant habitat were delineated and signed to
encourage visitors to use those trails (SBNF 2002a, p. 5). However,
special management considerations or protection may still be required
to restore, protect, and maintain the PCEs supported by Unit 3 due to
the threats from human disturbance, current nearby mining activities,
and invasive, nonnative plant species.
Unit 4: Hitchcock Meadow
We are proposing to designate Unit 4 as critical habitat for Poa
atropurpurea and Taraxacum californicum. Unit 4 consists of an
approximately 497-ac (201-ha) meadow occupied by both species at the
time of listing, and both species continue to occur within this unit.
Although T. officinale is present, no apparent hybrids have been
reported (SBNF 2000, p. 56). Unit 4 contains all of the features
essential to the conservation of both species and is located within the
San Bernardino National Forest, north of Big Bear Lake, and west of
Belleville Meadow (Unit 3). The majority of Unit 4 (also referred to as
Holcomb Valley) is privately owned by the Boy Scouts of America (BSA),
[[Page 44241]]
and is a recreational and educational activity camp (BSA 2006).
This unit has been historically impacted by OHV use, horse grazing,
and other human disturbance (CNDDB 2006b, p. 18). It is currently
impacted by recreational and educational activities and horse grazing
(SBNF 2000, p. 56; SBNF 2002a, p. 51). Poa atropurpurea and Taraxacum
californicum are also threatened in this unit by invasion of nonnative,
herbaceous annuals. Therefore, special management considerations or
protection may be required to restore, protect, and maintain the PCEs
supported by Unit 4 due to the threats from past human disturbance,
current camp activities, and invasive, nonnative plant species.
Unit 5: Bluff Meadow
We are proposing to designate Unit 5 as critical habitat for Poa
atropurpurea and Taraxacum californicum. Unit 5 consists of an
approximately 205-ac (83-ha) meadow occupied by both species at the
time of listing, and both species continue to occur within this unit.
Unit 5 contains all of the features essential to the conservation of
both species. It is located within the San Bernardino National Forest,
south of the west end of Big Bear Lake. The majority of Unit 5 is
privately owned by the Wildlands Conservancy, and currently leased to
the San Bernardino County Regional Parks Division as an outdoor science
education camp (Wildlands Conservancy 2005).
This unit has been historically impacted by recreational
activities, cattle grazing, and other human disturbance (CNDDB 2006b,
p. 12), but impacts are limited to recreational and educational
activities (Eliason 2007; SBNF 2000, p. 57; SBNF 2002a, p. 42). Poa
atropurpurea and Taraxacum californicum are also threatened in this
unit by invasion of nonnative herbaceous annuals, including potential
hybridization of T. californicum with T. officinale (SBNF 2000, p. 57;
SBNF 2002a, p. 42). Therefore, special management considerations or
protection may be required to restore, protect, and maintain the PCEs
supported by Unit 5 due to the potential impacts of past human
disturbance, current camp activities, and invasive, nonnative plant
species.
Unit 6: North Shay Meadow
We are proposing to designate Unit 6 as critical habitat for
Taraxacum californicum. Unit 6 consists of an approximately 21-ac (8-
ha) meadow occupied by the species at the time of listing, and the
species continues to occur within this unit. Occupancy of Unit 6 was
documented one year after listing. Unit 6 hosts approximately 12
percent of the total number of individuals reported since 1999, and has
the second highest number of total individuals reported from any one
unit. This unit contains all of the features essential to the
conservation of the species. It is located within the San Bernardino
National Forest, east of Big Bear Lake, on the southern shore of
Baldwin Lake, and north of Shay Road. The land in this unit is
federally owned.
This northern portion of Shay Meadow has been isolated by
development from the southern meadow adjacent to East Big Bear
Boulevard. Lakeshore habitat within the unit is currently impacted by
recreational activities due to the use of trails connecting private
land to the lakeshore for OHV use, hiking, mountain biking, and
horseback riding (SBNF 2000, p. 57, SBNF 2002a, p. 23). T. californicum
is also threatened in this unit by invasion of nonnative herbaceous
annuals, including potential hybridization with T. officinale (CNDDB
2006b, p. 36; SBNF 2000, p. 57). Therefore, special management
considerations or protection may be required to restore, protect, and
maintain the PCEs supported by Unit 6 due to the impacts of human
disturbance and invasive, nonnative plant species.
Unit 7: Horse Meadow
We are proposing to designate Unit 7 as critical habitat for
Taraxacum californicum. Unit 7 consists of an approximately 74-ac (30-
ha) meadow occupied by the species at the time of listing, and the
species continues to occur within this unit. Occupancy throughout the
meadow was confirmed as recently as 2002 (Denslow et al. 2002, pp. 12
and 13). Unit 7 contains all of the features essential to the
conservation of the species. It is located within the San Bernardino
National Forest, southwest of Big Bear Lake, and northwest of San
Gorgonio Mountain. Unit 7 is federally owned and located in the San
Gorgonio Wilderness Area of the SBNF.
Recreational impacts from foot-traffic have been reported (Denslow
et al. 2002, pp. 12 and 13; CNDDB 2006b, p. 5; SBNF 2000, p. 57; SBNF
2002a, p. 54). Taraxacum californicum is also threatened in this unit
by invasion of nonnative, herbaceous annuals, including potential
hybridization with T. officinale (SBNF 2000, p. 57). Therefore, special
management considerations or protection may be required to restore,
protect, and maintain the PCEs supported by Unit 7 due to threats from
human disturbance and invasive, nonnative plant species.
Unit 8: Fish Creek Meadow
We are proposing to designate Unit 8 as critical habitat for
Taraxacum californicum. Unit 8 consists of an approximately 89-ac (36-
ha) meadow occupied by the species at the time of listing, and the
species continues to occur within this unit. Unit 8 contains all of the
features essential to the conservation of the species. It is located
within the San Bernardino National Forest, southwest of Big Bear Lake,
and northeast of San Gorgonio Mountain. Unit 8 is federally owned, and
occurs within USFS' San Gorgonio Wilderness Area of the SBNF.
Habitat conditions in this unit are reported to be undisturbed, but
diffuse recreational use impacts are likely due to trails around meadow
in forested area (CNDDB 2006b, p. 6; SBNF 2002a, p. 52). Taraxacum
californicum is also threatened in this unit by invasion of nonnative,
herbaceous annuals, including potential hybridization with T.
officinale (SBNF 2000, p. 58). Therefore, special management
considerations or protection may be required to restore, protect, and
maintain the PCEs supported by Unit 8 due to the threats from human
disturbance and invasive, nonnative plant species.
Unit 9: Broom Flat Meadow
We are proposing to designate Unit 9 as critical habitat for
Taraxacum californicum. Unit 9 consists of an approximately 188-ac (76-
ha) meadow occupied by the species at the time of listing, and the
species continues to occur within this unit. Occupancy of Unit 9 was
documented 2 years after listing. Unit 9 supports approximately 9
percent of the total number of T. californicum individuals reported
since 1999, supporting the fifth largest recorded population out of 35
(see Table 1 for complete population list), more than double the
average recorded population size. This unit contains all of the
features essential to the conservation of the species. Unit 9 is
federally owned, and is located within the San Bernardino National
Forest, southeast of Big Bear Lake.
This unit has been historically impacted by OHV activity, cattle
and burro grazing, and other human disturbance (CNDDB 2006b, p. 28;
USFS 2002b p. 64). This unit is currently impacted by diffuse
recreational activities and cattle grazing (SBNF 2000, p. 58; SBNF
2002a, p. 46). Taraxacum californicum is also threatened in this unit
by invasion of nonnative herbaceous annuals, including potential
hybridization with T. officinale (CNDDB
[[Page 44242]]
2006b, p. 28; SBNF 2002a, p. 45). Therefore, special management
considerations or protection may be required to restore, protect and
maintain the PCEs supported by Unit 9 due to the potential impacts of
human disturbance and invasive, nonnative plant species.
Unit 10: Wildhorse Meadow
We are proposing to designate Unit 10 as critical habitat for
Taraxacum californicum. Unit 10 consists of an approximately 52-ac (21-
ha) meadow occupied by the species at the time of listing, and the
species continues to occur within this unit. Occupancy of Unit 10 by T.
californicum was documented 1 year after listing. Unit 10 has the
highest number of total documented individuals since the time of
listing among all the units (230 individuals; SBNF 2000, p. 56; CNDDB
2006b, pp. 30 and 31) and hosts approximately 20 percent of the total
number of individuals reported since 1999. Unit 10 was also reported to
be occupied by Poa atropurpurea in 1981, but surveys in 1999 and 2000
did not locate any individuals (SBNF 2000, p. 47). Therefore, this unit
is being proposed for T. californicum only. This unit contains all of
the features essential to the conservation of the species. It is
located within the San Bernardino National Forest, southeast of Big
Bear Lake. The land in this unit is federally owned.
Habitat in this unit is reported to be of ``excellent'' quality and
well protected, but some diffuse recreation impacts have been reported
(SBNF 2000, pp. 56 and 58; SBNF 2002a, p. 69). Taraxacum californicum
is also threatened in this unit by invasion of nonnative herbaceous
annuals, including potential hybridization with T. officinale (CNDDB
2006b, p. 31; SBNF 2000, p. 56, 58). Therefore, special management
considerations or protection may be required to restore, protect and
maintain the PCEs supported by Unit 10 due to the potential impacts of
invasive, nonnative plant species and diffuse recreation impacts.
Unit 11: Cienega Seca Meadow
We are proposing to designate Unit 11 as critical habitat for Poa
atropurpurea and Taraxacum californicum. Unit 11 consists of an
approximately 98-ac (40-ha) meadow occupied by both species at the time
of listing, and both species continue to occur within this unit. Unit
11 contains all of the features essential to the conservation of both
species. It is located within the San Bernardino National Forest,
adjacent to State Route 38, southeast of Big Bear Lake, and northeast
of San Gorgonio Mountain. The majority of Unit 11 (also referred to
Blue Sky Meadow) is privately owned by the Los Angeles County Education
Foundation (LACEF), and currently used as an outdoor science education
camp (Wildlands Conservancy 2005; LACEF 2007).
Unit 11 has been historically impacted by changes in the hydrologic
regime due to recreational activities, cattle grazing, and other human
disturbance (CNDDB 2006a, p. 2, 2006b, p. 2). Use of the well and
access roads are current threats to meadow habitat (SBNF 2002a, p. 77).
Poa atropurpurea and Taraxacum californicum are also threatened in this
unit by invasion of nonnative, herbaceous annuals, including potential
hybridization of T. californicum with T. officinale (CNDDB 2006b p. 2;
SBNF 2000, p. 58). Therefore, special management considerations or
protection may be required to restore, protect, and maintain the PCEs
supported by Unit 11 due to the threats from past human disturbance,
current camp activities, and invasive, nonnative plant species.
Unit 12: South Fork Meadow
We are proposing to designate Unit 12 as critical habitat for
Taraxacum californicum. Unit 12 consists of approximately 116 ac (47
ha) of meadows occupied by the species at the time of listing, and the
species continues to occur within this unit. Unit 12 contains all of
the features essential to the conservation of the species. It is
located within the San Bernardino National Forest, southwest of Big
Bear Lake on the northern slope of San Gorgonio Mountain. Unit 12 is
federally owned, and is located in the San Gorgonio Wilderness Area of
the SBNF.
Habitat in this unit is reported to be virtually undisturbed, but
possibly impacted by some diffuse recreational use (CNDDB 2006b, p. 1;
SBNF 2000, pp. 56 and 58). Threats include impacts of hikers, horseback
riding, and camping; however, the meadows are minimally disturbed (SBNF
2002a, p. 66). Taraxacum californicum is also threatened in this unit
by invasion of nonnative, herbaceous annuals, including potential
hybridization with T. officinale (SBNF 2000, pp. 56 and 58). Therefore,
special management considerations or protection may be required to
restore, protect, and maintain the PCEs supported by Unit 12 due to the
threats from human disturbance and invasive, nonnative plant species.
Unit 13: Mendenhall Valley
We are proposing to designate Unit 13 as critical habitat for Poa
atropurpurea. Unit 13 consists of an approximately 291-ac (118-ha)
meadow occupied by the species at the time of listing, and the species
continues to occur within this unit. This unit contains all of the
features essential to the conservation of the species. It is located
within the Cleveland National Forest, on Palomar Mountain in San Diego
County; 160 ac (65 ha) of the unit are federally owned, and the
remaining portion (131 ac (53 ha)) is privately owned. We are not
including a large portion of the meadow on the northwest end as
proposed critical habitat because a field survey determined that the
habitat appeared to be degraded and of a different vegetative type
(Anderson 2007, p. 1). The Mendenhall Valley meadow contains a mid-
range population of P. atropurpurea isolated from the southern
populations (Laguna Mountain and Bear Valley) by at least 36 miles (58
km), and northern populations (Big Bear Lake area) by at least 60 miles
(109 km).
Habitat in this unit has been impacted by cattle grazing (CNDDB
2006a, p. 4; CNF 1991, pp. 13-17), land-use changes, and recreational
activities (2006 GIS satellite imagery). Under a biological opinion
resulting from Service consultation with the CNF (Service 2001, p. 5),
annual surveys are to be conducted in this unit for Poa atropurpurea,
and cattle are to be excluded from grazing on CNF land until completion
of seed set is documented. Annual phenology monitoring is currently
being conducted, and grazing is permitted starting May 1 (Winter 2007,
p. 1). USFS has also conducted ongoing gully repair work in this unit
to benefit endangered meadow plants (Winter 2007, p. 3). P.
atropurpurea is also threatened in this unit by invasion of nonnative,
herbaceous annuals. Therefore, special management considerations or
protection may be required to restore, protect, and maintain the PCEs
supported by Unit 13 due to threats from grazing and invasive,
nonnative plant species.
Unit 14: Laguna Meadow
We are proposing to designate Unit 14 as critical habitat for Poa
atropurpurea. Unit 14 consists of an approximately 1,089-ac (441-ha)
meadow occupied by the species at the time of listing, and the species
continues to occur within this unit. Although all 5 herbarium specimens
collected in this unit and reviewed by Curto (1992, p. 3) were female
(one from 1978, three from 1981,
[[Page 44243]]
and one from 1991), Hirshberg (1994, p. 2) reported a 1:250 female to
male ratio during field surveys. This unit contains all of the features
essential to the conservation of the species. It is located within the
Cleveland National Forest, on Laguna Mountain, in San Diego County.
Unit 14 is federally owned.
Habitat in this unit has been impacted by grazing and recreational
activities (CNF 1991, pp. 13-17; CNDDB 2006a, pp. 4 and 20). Under a
biological opinion resulting from Service consultation with the CNF
(Service 2001, p. 5), annual surveys are to be conducted in this unit
for Poa atropurpurea, and cattle are to be excluded from grazing until
completion of seed set is documented. Currently, no annual surveys are
conducted; however, grazing is not permitted until July 1, after seed
set (Winter 2007, p. 1). CNF is also conducting ongoing gully repair
work, with six projects having been completed (Winter 2007, p. 3). P.
atropurpurea is also threatened in this unit by invasion of nonnative,
herbaceous annuals. Therefore, special management considerations or
protection may be required to restore, protect, and maintain the PCEs
supported by Unit 14 due to the threats from grazing and invasive,
nonnative plant species.
Unit 15: Bear Valley
We are proposing to designate Unit 15 as critical habitat for Poa
atropurpurea. Unit 15 consists of an approximately 102-ac (41-ha)
meadow occupied by the species at the time of listing, and the species
continues to occur within this unit. This unit contains all of the
features essential to the conservation of the species. All individuals
reported from this location may be a single clone (CNDDB 2006a, p. 21).
Unit 15 is federally owned and located within the Cleveland National
Forest, southwest of Laguna Mountain and south of the town of Pine
Valley, in San Diego County.
Habitat in this unit has been impacted by cattle grazing (CNDDB
2006a, p. 21) and diffuse recreational activities (2006 GIS satellite
imagery). Under a biological opinion resulting from Service
consultation with the CNF (Service 2001, pp. 3 and 4), annual surveys
are supposed to be conducted in this unit for P. atropurpurea, and
cattle are to be excluded from grazing until completion of seed set is
documented. Currently, no annual surveys are conducted; however,
grazing is not permitted until August 1, after seed set (Winter 2007,
p. 1). P. atropurpurea is also threatened in this unit by invasion of
nonnative, herbaceous annuals. Therefore, special management
considerations or protection may be required to restore, protect, and
maintain the PCEs supported by Unit 15 due to the threats from grazing,
human disturbance, and invasive, nonnative plant species.
Effects of Critical Habitat Designation
Section 7 Consultation
Section 7(a)(2) of the Act requires Federal agencies, including the
Service, to ensure that actions they fund, authorize, or carry out are
not likely to destroy or adversely modify critical habitat. Decisions
by the 5th and 9th Circuit Court of Appeals have invalidated our
definition of ``destruction or adverse modification'' at 50 CFR 402.02
(see Gifford Pinchot Task Force v. U.S. Fish and Wildlife Service, 378
F. 3d 1059 (9th Cir 2004) and Sierra Club v. U.S. Fish and Wildlife
Service et al., 245 F.3d 434, 442F (5th Cir 2001)), and we do not rely
on this regulatory definition when analyzing whether an action is
likely to destroy or adversely modify critical habitat. Pursuant to
current national policy and the statutory provisions of the Act,
destruction or adverse modification is determined on the basis of
whether, with implementation of the proposed Federal action, the
affected critical habitat would remain functional (or retain the
current ability for the primary constituent elements to be functionally
established) to serve its intended conservation role for the species.
Section 7(a)(4) of the Act requires Federal agencies to confer with
us on any action that is likely to jeopardize the continued existence
of a species proposed for listing or result in destruction or adverse
modification of proposed critical habitat. This is a procedural
requirement only. However, once a species proposed for listing becomes
listed, or proposed critical habitat is designated as final, the full
prohibitions of section 7(a)(2) apply to any Federal action. The
primary utility of the conference procedures is to maximize the
opportunity for a Federal agency to adequately consider species
proposed for listing and proposed critical habitat and avoid potential
delays in implementing their proposed action because of the section
7(a)(2) compliance process, should those species be listed or the
critical habitat designated.
Under conference procedures, the Service may provide advisory
conservation recommendations to assist the agency in eliminating
conflicts that may be caused by the proposed action. The Service may
conduct either informal or formal conferences. Informal conferences are
typically used if the proposed action is not likely to have any adverse
effects to the species proposed for listing or proposed critical
habitat. Formal conferences are typically used when the Federal agency
or the Service believes the proposed action is likely to cause adverse
effects to species proposed for listing or proposed critical habitat,
inclusive of those that may cause jeopardy or adverse modification.
The results of an informal conference are typically transmitted in
a conference report, while the results of a formal conference are
typically transmitted in a conference opinion. Conference opinions on
proposed critical habitat are typically prepared according to 50 CFR
402.14, as if the proposed critical habitat were designated. We may
adopt the conference opinion as the biological opinion when the
critical habitat is designated, if no substantial new information or
changes in the action alter the content of the opinion (see 50 CFR
402.10(d)). As noted above, any conservation recommendations in a
conference report or opinion are strictly advisory.
If a species is listed or critical habitat is designated, section
7(a)(2) of the Act requires Federal agencies to ensure that activities
they authorize, fund, or carry out are not likely to jeopardize the
continued existence of the species or to destroy or adversely modify
its critical habitat. If a Federal action may affect a listed species
or its critical habitat, the responsible Federal agency (action agency)
must enter into consultation with us. As a result of this consultation,
compliance with the requirements of section 7(a)(2) will be documented
through the Service's issuance of: (1) A concurrence letter for Federal
actions that may affect, but are not likely to adversely affect, listed
species or critical habitat; or (2) a biological opinion for Federal
actions that are likely to adversely affect listed species or critical
habitat.
When we issue a biological opinion concluding that a project is
likely to result in jeopardy to a listed species or the destruction or
adverse modification of critical habitat, we also provide reasonable
and prudent alternatives to the project, if any are identifiable.
``Reasonable and prudent alternatives'' are defined at 50 CFR 402.02 as
alternative actions identified during consultation that can be
implemented in a manner consistent with the intended purpose of the
action, that are consistent with the scope of the Federal agency's
legal authority and jurisdiction, that are economically and
technologically feasible, and that the Director believes would avoid
jeopardy to the listed
[[Page 44244]]
species or destruction or adverse modification of critical habitat.
Reasonable and prudent alternatives can vary from slight project
modifications to extensive redesign or relocation of the project. Costs
associated with implementing a reasonable and prudent alternative are
similarly variable.
Regulations at 50 CFR 402.16 require Federal agencies to reinitiate
consultation on previously reviewed actions in instances where a new
species is listed or critical habitat is subsequently designated that
may be affected and the Federal agency has retained discretionary
involvement or control over the action or such discretionary
involvement or control is authorized by law. Consequently, some Federal
agencies may request reinitiation of consultation with us on actions
for which formal consultation has been completed, if those actions may
affect subsequently listed species or designated critical habitat or
adversely modify or destroy proposed critical habitat.
Federal activities that may affect Poa atropurpurea or Taraxacum
californicum or their individually designated critical habitats will
require section 7 consultation under the Act. Activities on State,
Tribal, local, or private lands requiring a Federal permit (such as a
permit from the U.S. Army Corps of Engineers under section 404 of the
Clean Water Act (33 U.S.C. 1251 et seq.) or a permit under section
10(a)(1)(B) of the Act from the Service) or involving some other
Federal action (such as funding from the Federal Highway
Administration, Federal Aviation Administration, or the Federal
Emergency Management Agency) will also be subject to the section 7
consultation process. Federal actions not affecting listed species or
critical habitat, and actions on State, Tribal, local, or private lands
that are not federally funded, authorized, or permitted, do not require
section 7 consultations.
Application of the Adverse Modification Standard for Actions Involving
Effects to the Critical Habitat for Poa atropurpurea and Taraxacum
californicum Individually
For the reasons described in the Director's December 9th, 2004
memorandum, the key factor related to the adverse modification
determination is whether, with implementation of the proposed Federal
action, the affected critical habitat would remain functional (or
retain the current ability for the primary constituent elements to be
functionally established) to serve its intended conservation role for
the species. Activities that may destroy or adversely modify critical
habitat are those that alter the PCEs to an extent that the
conservation value of critical habitat for Poa atropurpurea and
Taraxacum californicum, individually, is appreciably reduced.
Generally, the conservation role of critical habitat units for Poa
atropurpurea and Taraxacum californicum is to support viable core area
populations.
Section 4(b)(8) of the Act requires us to briefly evaluate and
describe in any proposed or final regulation that designates critical
habitat those activities involving a Federal action that may destroy or
adversely modify such habitat, or that may be affected by such
designation.
Activities that, when carried out, funded, or authorized by a
Federal agency, may affect critical habitat and therefore should result
in consultation for Poa atropurpurea or Taraxacum californicum include,
but are not limited to:
(1) Actions that result in ground disturbance to meadows. Such
activities could include, but are not limited to: residential or
recreational development, OHV activity, dispersed recreation, new road
construction or widening, existing road maintenance, and grazing. These
activities could cause direct mortality of Poa atropurpurea or
Taraxacum californicum, and impact meadows by damaging or eliminating
habitat, altering soil composition due to increased erosion, and
increasing densities of nonnative plant species. In addition, changes
in soil composition may lead to cascading changes in the vegetation
composition, such as growth of shrub cover that decreases density of or
eliminates P. atropurpurea or T. californicum.
(2) Actions that result in alteration of the hydrological regime of
the wet meadow habitat. Such activities could include residential or
recreational development adjacent to meadows, OHV activity, dispersed
recreation, new road construction or widening, and existing road
maintenance. These activities could alter surface layers and
hydrological regime in a manner that promotes loss of soil matrix
components and moisture necessary to support the growth and
reproduction of Poa atropurpurea or Taraxacum californicum.
(3) Actions that would significantly reduce pollination or seed set
(reproduction). Such activities could include, but are not limited to,
grazing or mowing prior to seed set. These activities could prevent
reproduction by removal or destruction of reproductive plant parts.
Exemptions and Exclusions
Application of Section 4(b)(2) of the Act
Section 4(b)(2) of the Act states that critical habitat shall be
designated, and revised, on the basis of the best available scientific
data after taking into consideration the economic impact, national
security impact, and any other relevant impact, of specifying any
particular area as critical habitat. The Secretary may exclude an area
from critical habitat if he determines that the benefits of such
exclusion outweigh the benefits of specifying such area as part of the
critical habitat, unless he determines, based on the best scientific
data available, that the failure to designate such area as critical
habitat will result in the extinction of the species. In making that
determination, the legislative history is clear that the Secretary is
afforded broad discretion regarding which factor(s) to use and how much
weight to give to any factor.
Under section 4(b)(2) of the Act, in considering whether to exclude
a particular area from the designation, we must identify the benefits
of including the area in the designation, identify the benefits of
excluding the area from the designation, and determine whether the
benefits of exclusion outweigh the benefits of inclusion. If we are
considering an exclusion, then we must determine whether excluding the
area would result in the extinction of the species. In the following
sections, we address a number of general issues that are relevant to
the section 4(b)(2) analysis.
We are conducting an economic analysis of the impacts of the
proposed critical habitat designation and related factors, which will
be available for public review and comment when it is complete. Based
on public comment on that document, the proposed designation itself,
and the information in the final economic analysis, areas may be
excluded from critical habitat by the Secretary under the provisions of
section 4(b)(2) of the Act. This is provided for in the Act and in our
implementing regulations at 50 CFR 424.19.
Under section 4(b)(2) of the Act, we must consider all relevant
impacts, including economic ones. The Service considers a number of
factors in its analysis under section 4(b)(2) of the Act. For example,
the Service considers whether there are lands owned or managed by the
Department of Defense (DOD) where there might be a national security
impact. We also consider
[[Page 44245]]
whether the landowners have developed any conservations plans for the
area, or whether there are conservation partnerships that would be
encouraged by designation of, or exclusion from, critical habitat. We
look at any Tribal issues, and consider the government-to-government
relationship of the United States with Tribal entities. We also
consider any social or economic impacts that might occur because of the
designation. In this instance, we have determined that the lands within
this proposed designation of critical habitat individually for Poa
atropurpurea and Taraxacum californicum are not owned or managed by the
Department of Defense, the lands within this proposed designation of
critical habitat are currently not covered by any habitat conservation
plans for P. atropurpurea or T. californicum, and the proposed
designation does not include any Tribal lands or trust resources.
At this time, we are not proposing to exclude any areas of habitat
under section 4(b)(2) of the Act from critical habitat for Poa
atropurpurea or Taraxacum californicum. We are inviting comment from
the public in reference to those USFS lands that are proposed for
designation. We would like to receive any available information on any
areas covered by conservation or management plans that we should
consider for exclusion from the designation under section 4(b)(2) of
the Act including whether the benefit of exclusion of those lands would
outweigh the benefits of their inclusion. Furthermore, we are unaware
of any additional conservation or management plans that we should
consider for exclusion from the designation under section 4(b)(2) of
the Act. We specifically request any information on any operative or
draft habitat conservation plans for P. atropurpurea or T. californicum
that have been prepared under section 10(a)(1)(B) of the Act, or any
other management or other conservation plan or agreement that benefits
either plant or its primary constituent elements.
Economics
An analysis of the economic impacts of proposing critical habitat
for Poa atropurpurea and Taraxacum californicum is being prepared. We
will announce the availability of the draft economic analysis as soon
as it is completed, at which time we will seek public review and
comment. At that time, copies of the draft economic analysis will be
available for downloading from the Internet at http://www.fws.gov/carlsbad
, or by contacting the Carlsbad Fish and Wildlife Office
directly (see ADDRESSES). We may exclude areas from critical habitat in
our final rule based on the information in the economic analysis.
Peer Review
In accordance with our joint policy published in the Federal
Register on July 1, 1994 (59 FR 34270), we will seek the expert
opinions of at least three appropriate and independent specialists
regarding this proposed rule. The purpose of such review is to ensure
that our critical habitat designation is based on scientifically sound
data, assumptions, and analyses. We will send copies of this proposed
rule to these peer reviewers immediately following publication in the
Federal Register. We will invite these peer reviewers to comment during
the public comment period on the specific assumptions and conclusions
regarding the proposed designation of critical habitat.
We will consider all comments and information received during the
comment period on this proposed rule during preparation of a final
determination. Accordingly, the final decision may differ from this
proposal.
Public Hearings
The Act provides for one or more public hearings on this proposal,
if requested. Requests for public hearings must be made in writing
within 45 days after the date of publication of the proposed rule
pursuant to section 4(b)(5)(E) of the Act. We will schedule public
hearings on this proposal, if any are requested, and announce the
dates, times, and places of those hearings in the Federal Register and
local newspapers at least 15 days prior to the first hearing.
Persons needing reasonable accommodations to attend and participate
in any scheduled public hearings should contact Alison Anderson,
Carlsbad Fish and Wildlife Office, at 760-431-9440 as soon as possible
following a public hearing announcement. To allow sufficient time to
process requests, please call no later than one week before the hearing
date. Information regarding the proposal is available in alternative
formats upon request.
Clarity of the Rule
Executive Order 12866 (Regulatory Planning and Review) requires
each agency to write regulations and notices that are easy to
understand. We invite your comments on how to make this proposed rule
easier to understand, including answers to questions such as the
following: (1) Are the requirements in the proposed rule clearly
stated? (2) Does the proposed rule contain technical jargon that
interferes with the clarity? (3) Does the format of the proposed rule
(grouping and order of the sections, use of headings, paragraphing, and
so forth) aid or reduce its clarity? (4) Is the description of the
notice in the SUPPLEMENTARY INFORMATION section of the preamble helpful
in understanding the proposed rule? (5) What else could we do to make
this proposed rule easier to understand?
Send a copy of any comments on how we could make this proposed rule
easier to understand to: Office of Regulatory Affairs, Department of
the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. You
may e-mail your comments to this address: Exsec@ios.doi.gov.
Required Determinations
Regulatory Planning and Review
In accordance with Executive Order 12866, this document is a
significant rule in that it may raise novel legal and policy issues,
but it is not anticipated to have an annual effect on the economy of
$100 million or more or affect the economy in a material way. Due to
the tight timeline for publication in the Federal Register, the Office
of Management and Budget (OMB) has not formally reviewed this rule. We
are preparing a draft economic analysis of this proposed action, which
will be available for public comment, to determine the economic
consequences of designating the specific area as critical habitat. This
economic analysis also will be used to determine compliance with
Executive Order 12866, Regulatory Flexibility Act, Small Business
Regulatory Enforcement Fairness Act, Executive Order 12630, Executive
Order 13211, and Executive Order 12875.
Further, Executive Order 12866 directs Federal agencies
promulgating regulations to evaluate regulatory alternatives (OMB
Circular A-4, September 17, 2003). Pursuant to Circular A-4, once it
has been determined that the Federal regulatory action is appropriate,
then the agency will need to consider alternative regulatory
approaches. Since the determination of critical habitat is a statutory
requirement under the Act, we must then evaluate alternative regulatory
approaches, where feasible, when promulgating a designation of critical
habitat.
In developing our designations of critical habitat, we consider
economic impacts, impacts to national security, and other relevant
impacts under
[[Page 44246]]
section 4(b)(2) of the Act. Based on the discretion allowable under
this provision, we may exclude any particular area from the designation
of critical habitat provided that the benefits of such exclusion
outweigh the benefits of including the area in critical habitat and
that such exclusion would not result in the extinction of the species.
As such, we believe that the evaluation of the inclusion or exclusion
of particular areas, or both, in a designation constitutes our
regulatory alternative analysis.
The availability of the draft economic analysis will be announced
in the Federal Register and in local newspapers so that it is available
for public review and comments. At that time, the draft economic
analysis will be available from the Internet at http://www.fws.gov/carlsbad
or by contacting the Carlsbad Fish and Wildlife Office
directly (see ADDRESSES).
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effects of the rule on small entities (small businesses,
small organizations, and small government jurisdictions). However, no
regulatory flexibility analysis is required if the head of the agency
certifies the rule will not have a significant economic impact on a
substantial number of small entities. The SBREFA amended the Regulatory
Flexibility Act (RFA) to require Federal agencies to provide a
statement of the factual basis for certifying that the rule will not
have a significant economic impact on a substantial number of small
entities.
At this time, the Service lacks the available economic information
necessary to provide an adequate factual basis for the required RFA
finding. Therefore, the RFA finding is deferred until completion of the
draft economic analysis prepared under section 4(b)(2) of the Act and
Executive Order 12866. This draft economic analysis will provide the
required factual basis for the RFA finding. Upon completion of the
draft economic analysis, the Service will publish a notice of
availability of the draft economic analysis of the proposed designation
and reopen the public comment period for the proposed designation. The
Service will include with the notice of availability, as appropriate,
an initial regulatory flexibility analysis or a certification that the
rule will not have a significant economic impact on a substantial
number of small entities accompanied by the factual basis for that
determination. The Service has concluded that deferring the RFA finding
until completion of the draft economic analysis is necessary to meet
the purposes and requirements of the RFA. Deferring the RFA finding in
this manner will ensure that the Service makes a sufficiently informed
determination based on adequate economic information and provides the
necessary opportunity for public comment.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act, the Service
makes the following findings:
(a) This rule will not produce a Federal mandate. In general, a
Federal mandate is a provision in legislation, statute, or regulation
that would impose an enforceable duty upon State, local, or Tribal
governments, or the private sector and includes both ``Federal
intergovernmental mandates'' and ``Federal private sector mandates.''
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal
intergovernmental mandate'' includes a regulation that ``would impose
an enforceable duty upon State, local, or tribal governments'' with two
exceptions. It excludes ``a condition of Federal assistance.'' It also
excludes ``a duty arising from participation in a voluntary Federal
program,'' unless the regulation ``relates to a then-existing Federal
program under which $500,000,000 or more is provided annually to State,
local, and tribal governments under entitlement authority,'' if the
provision would ``increase the stringency of conditions of assistance''
or ``place caps upon, or otherwise decrease, the Federal Government's
responsibility to provide funding,'' and the State, local, or Tribal
governments ``lack authority'' to adjust accordingly. At the time of
enactment, these entitlement programs were: Medicaid; AFDC work
programs; Child Nutrition; Food Stamps; Social Services Block Grants;
Vocational Rehabilitation State Grants; Foster Care, Adoption
Assistance, and Independent Living; Family Support Welfare Services;
and Child Support Enforcement. ``Federal private sector mandate''
includes a regulation that ``would impose an enforceable duty upon the
private sector, except (i) a condition of Federal assistance or (ii) a
duty arising from participation in a voluntary Federal program.''
The designation of critical habitat does not impose a legally
binding duty on non-Federal government entities or private parties.
Under the Act, the only regulatory effect is that Federal agencies must
ensure that their actions do not destroy or adversely modify critical
habitat under section 7. While non-Federal entities that receive
Federal funding, assistance, or permits, or that otherwise require
approval or authorization from a Federal agency for an action, may be
indirectly impacted by the designation of critical habitat, the legally
binding duty to avoid destruction or adverse modification of critical
habitat rests squarely on the Federal agency. Furthermore, to the
extent that non-Federal entities are indirectly impacted because they
receive Federal assistance or participate in a voluntary Federal aid
program, the Unfunded Mandates Reform Act would not apply, nor would
critical habitat shift the costs of the large entitlement programs
listed above on to State governments.
(b) We do not believe that this rule will significantly or uniquely
affect small governments because all of the lands included in the
proposed designation are within National Forest boundaries. As such, a
Small Government Agency Plan is not required. However, as we conduct
our economic analysis, we will further evaluate this issue and revise
this assessment if appropriate.
Executive Order 13211
On May 18, 2001, the President issued an Executive Order (E.O.
13211; Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use) on regulations that significantly affect
energy supply, distribution, and use. Executive Order 13211 requires
agencies to prepare Statements of Energy Effects when undertaking
certain actions. While this proposed rule to designate critical habitat
for Poa atropurpurea and Taraxacum californicum is a significant
regulatory action under Executive Order 12866 in that it may raise
novel legal and policy issues, it is not expected to significantly
affect energy supplies, distribution, or use. Therefore, this action is
not a significant energy action, and no Statement of Energy Effects is
required. However, we will further evaluate this issue as we conduct
our economic analysis, and revise this assessment as warranted.
[[Page 44247]]
Takings
In accordance with Executive Order 12630 (``Government Actions and
Interference with Constitutionally Protected Private Property
Rights''), we have analyzed the potential takings implications of
designating critical habitat for Poa atropurpurea and Taraxacum
californicum in a takings implications assessment. The takings
implications assessment concludes that, if adopted, this designation of
critical habitat for P. atropurpurea and T. californicum does not pose
significant takings implications.
Federalism
In accordance with Executive Order 13132 (Federalism), this rule
does not have significant Federalism effects. A Federalism assessment
is not required. In keeping with Department of the Interior and
Department of Commerce policy, we requested information from, and
coordinated development of, this proposed critical habitat designation
with appropriate State resource agencies in California. Because all of
the lands included in the proposed designation are within National
Forest boundaries, we believe the designation of critical habitat for
Poa atropurpurea and Taraxacum californicum would have little
incremental impact on State and local governments and their activities.
The designation may have some benefit to these governments in that the
areas that contain the features essential to the conservation of the
species are more clearly defined, and the primary constituent elements
of the habitat necessary to the conservation of the species are
specifically identified. While making this definition and
identification does not alter where and what federally sponsored
activities may occur, it may assist these local governments in long-
range planning (rather than having them wait for case-by-case section 7
consultations to occur).
Civil Justice Reform
In accordance with Executive Order 12988 (Civil Justice Reform),
the Office of the Solicitor has determined that the rule does not
unduly burden the judicial system and meets the requirements of
sections 3(a) and 3(b)(2) of the Order. We have proposed designating
critical habitat in accordance with the provisions of the Act. This
proposed rule uses standard property descriptions and identifies the
primary constituent elements within the designated areas to assist the
public in understanding the habitat needs of Poa atropurpurea and
Taraxacum californicum.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not contain any new collections of information that
require approval by OMB under the Paperwork Reduction Act. This rule
will not impose recordkeeping or reporting requirements on State or
local governments, individuals, businesses, or organizations. An agency
may not conduct or sponsor, and a person is not required to respond to,
a collection of information unless it displays a currently valid OMB
control number.
National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.)
It is our position that, outside the jurisdiction of the Tenth
Federal Circuit, we do not need to prepare environmental analyses as
defined by NEPA in connection with designating critical habitat under
the Act. We published a notice outlining our reasons for this
determination in the Federal Register on October 25, 1983 (48 FR
49244). This assertion was upheld in the courts of the Ninth Circuit
(Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. Ore. 1995), cert.
denied 116 S. Ct. 698 (1996)).
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), Executive Order 13175, and the Department
of Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. In accordance with
Secretarial Order 3206 of June 5, 1997, ``American Indian Tribal
Rights, Federal--Tribal Trust Responsibilities, and the Endangered
Species Act,'' we readily acknowledge our responsibilities to work
directly with tribes in developing programs for healthy ecosystems, to
acknowledge that tribal lands are not subject to the same controls as
Federal public lands, to remain sensitive to Indian culture, and to
make information available to tribes. We have determined that there are
no Tribal lands occupied at the time of listing that contain the
features essential for the conservation, and no Tribal lands that are
essential for the conservation, of Poa atropurpurea and/or Taraxacum
californicum. Therefore, we are not proposing critical habitat for P.
atropurpurea and/or T. californicum on Tribal lands.
References Cited
A complete list of all references cited in this proposal is
available upon request from the Field Supervisor, Carlsbad Fish and
Wildlife Office (see ADDRESSES).
Author(s)
The primary author of this package is Alison Anderson, Carlsbad
Fish and Wildlife Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations, as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. In Sec. 17.12(h), revise the entries for ``Poa atropurpurea''
and ``Taraxacum californicum'' under ``FLOWERING PLANTS'' in the List
of Endangered and Threatened Plants to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
------------------------------------------------------ Historic range Family Status When listed Critical habitat Special
Scientific name Common name rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants
* * * * * * *
Poa atropurpurea................ San Bernardino U.S.A. (CA)....... Poaceae........... E 644 17.96(a) NA
bluegrass.
[[Page 44248]]
* * * * * * *
Taraxacum californicum.......... California U.S.A. (CA)....... Asteraceae........ E 644 17.96(a) NA
taraxacum.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. Amend Sec. 17.96(a) by adding an entry for ``Taraxacum
californicum'' in alphabetical order under Family Asteraceae and by
adding an entry for ``Poa atropurpurea'' in alphabetical order under
Family Poaceae, to read as follows:
Sec. 17.96 Critical habitat--plants.
(a) Flowering plants.
* * * * *
Family Asteraceae: Taraxacum californicum (California taraxacum)
(1) Critical habitat units are depicted for San Diego and San
Bernardino Counties, California, on the maps below.
(2) The primary constituent elements of critical habitat for
Taraxacum californicum are:
(i) Wet meadows subject to flooding during wet years and forest
openings with seeps, springs, or creeks in the San Bernardino Mountains
in San Bernardino County located at elevations of 6,700 to 9,000 feet
(2,000 to 2,800 meters), that provide space for individual and
population growth, reproduction, and dispersal; and
(ii) Well-drained, loamy alluvial to sandy loam soils occurring in
the wet meadow system or forest openings with seeps, springs, or
creeks, with a 0 to 46 percent slope, to provide water, air, minerals,
and other nutritional or physiological requirements to the species.
(3) Critical habitat does not include manmade structures (such as
buildings, aqueducts, runways, roads, and other paved areas) and the
land on which they are located existing within the legal boundaries on
the effective date of this rule.
(4) Critical habitat map units. Data layers defining map units were
created on a base of USGS 1:24,000 maps, and critical habitat units
were then mapped using Universal Transverse Mercator (UTM) coordinates.
(5) Note: Index map of critical habitat units for Taraxacum
californicum (California taraxacum) (Map 1) follows:
BILLING CODE 4310-55-P
[[Page 44249]]
[GRAPHIC] [TIFF OMITTED] TP07AU07.000
BILLING CODE 4310-55-C
[[Page 44250]]
(6) Unit 2 for Taraxacum californicum and Poa atropurpurea: North
Baldwin Meadow, San Bernardino County, California.
(i) From USGS 1:24:000 quadrangle map Big Bear City. Land bounded
by the following UTM NAD27 coordinates (E, N): 516578, 3795213; 516595,
3795205; 516597, 3795204; 516602, 3795201; 516608, 3795198; 516613,
3795194; 516618, 3795190; 516623, 3795185; 516628, 3795181; 516632,
3795176; 516632, 3795175; 516639, 3795166; 516642, 3795161; 516646,
3795156; 516649, 3795150; 516652, 3795144; 516654, 3795138; 516656,
3795132; 516656, 3795131; 516659, 3795122; 516660, 3795116; 516661,
3795109; 516661, 3795108; 516662, 3795107; 516668, 3795104; 516674,
3795101; 516680, 3795098; 516685, 3795094; 516690, 3795090; 516695,
3795085; 516699, 3795081; 516703, 3795076; 516707, 3795070; 516711,
3795065; 516714, 3795059; 516716, 3795053; 516719, 3795047; 516721,
3795041; 516722, 3795034; 516723, 3795028; 516724, 3795021; 516724,
3795015; 516724, 3795008; 516723, 3795002; 516723, 3795000; 516725,
3794999; 516731, 3794997; 516736, 3794994; 516742, 3794990; 516747,
3794986; 516752, 3794982; 516756, 3794979; 516759, 3794976; 516760,
3794975; 516765, 3794970; 516769, 3794965; 516773, 3794960; 516773,
3794958; 516776, 3794956; 516781, 3794952; 516786, 3794947; 516791,
3794943; 516795, 3794938; 516799, 3794932; 516802, 3794927; 516805,
3794921; 516808, 3794915; 516810, 3794909; 516812, 3794903; 516813,
3794896; 516815, 3794890; 516815, 3794883; 516815, 3794877; 516815,
3794870; 516815, 3794864; 516813, 3794857; 516812, 3794851; 516810,
3794845; 516808, 3794838; 516805, 3794833; 516802, 3794827; 516799,
3794821; 516795, 3794816; 516791, 3794811; 516786, 3794806; 516783,
3794803; 516761, 3794782; 516759, 3794781; 516754, 3794777; 516748,
3794773; 516743, 3794769; 516737, 3794766; 516734, 3794765; 516730,
3794762; 516725, 3794757; 516721, 3794754; 516704, 3794743; 516703,
3794742; 516698, 3794739; 516692, 3794736; 516686, 3794733; 516680,
3794731; 516674, 3794729; 516667, 3794727; 516663, 3794727; 516657,
3794723; 516657, 3794722; 516657, 3794721; 516655, 3794711; 516655,
3794697; 516660, 3794678; 516661, 3794675; 516661, 3794675; 516663,
3794674; 516669, 3794670; 516674, 3794667; 516678, 3794663; 516684,
3794658; 516686, 3794652; 516687, 3794646; 516701, 3794616; 516703,
3794615; 516719, 3794610; 516737, 3794603; 516746, 3794589; 516746,
3794588; 516747, 3794588; 516747, 3794586; 516750, 3794581; 516753,
3794575; 516763, 3794570; 516764, 3794570; 516767, 3794572; 516770,
3794574; 516785, 3794582; 516788, 3794583; 516794, 3794586; 516795,
3794587; 516800, 3794588; 516802, 3794589; 516806, 3794590; 516812,
3794592; 516815, 3794592; 516830, 3794595; 516833, 3794595; 516840,
3794596; 516841, 3794596; 516874, 3794597; 516908, 3794601; 516910,
3794601; 516929, 3794603; 516972, 3794606; 516974, 3794607; 516981,
3794607; 516987, 3794607; 516993, 3794606; 517005, 3794604; 517018,
3794605; 517040, 3794610; 517052, 3794614; 517085, 3794629; 517087,
3794629; 517093, 3794632; 517093, 3794632; 517111, 3794638; 517163,
3794588; 517163, 3794587; 517167, 3794579; 517179, 3794553; 517186,
3794537; 517217, 3794533; 517204, 3794133; 517196, 3794146; 517184,
3794165; 517179, 3794170; 517164, 3794180; 517150, 3794188; 517128,
3794196; 517109, 3794200; 517058, 3794164; 517008, 3794154; 516957,
3794121; 516797, 3794070; 516794, 3794068; 516782, 3794061; 516763,
3794052; 516744, 3794045; 516736, 3794043; 516721, 3794037; 516701,
3794037; 516692, 3794028; 516672, 3794003; 516651, 3793976; 516635,
3793965; 516635, 3793959; 516622, 3793955; 516621, 3793954; 516619,
3793952; 516618, 3793953; 516609, 3793950; 516609, 3793968; 516609,
3793971; 516609, 3793972; 516603, 3793980; 516597, 3793980; 516579,
3793980; 516579, 3793998; 516579, 3794010; 516567, 3794010; 516549,
3794010; 516549, 3794028; 516549, 3794033; 516540, 3794036; 516523,
3794038; 516518, 3794040; 516513, 3794040; 516489, 3794040; 516489,
3794047; 516489, 3794070; 516489, 3794100; 516459, 3794100; 516429,
3794100; 516411, 3794100; 516407, 3794100; 516399, 3794100; 516396,
3794100; 516396, 3794100; 516397, 3794107; 516398, 3794113; 516400,
3794119; 516401, 3794126; 516404, 3794132; 516406, 3794138; 516407,
3794138; 516410, 3794144; 516412, 3794148; 516416, 3794153; 516416,
3794154; 516417, 3794155; 516436, 3794183; 516439, 3794187; 516443,
3794192; 516448, 3794197; 516449, 3794198; 516425, 3794210; 516406,
3794220; 516405, 3794220; 516405, 3794220; 516399, 3794223; 516394,
3794226; 516388, 3794230; 516383, 3794234; 516379, 3794239; 516374,
3794244; 516370, 3794249; 516366, 3794254; 516363, 3794259; 516360,
3794265; 516357, 3794271; 516356, 3794274; 516351, 3794288; 516349,
3794291; 516348, 3794297; 516346, 3794303; 516345, 3794310; 516344,
3794316; 516344, 3794323; 516344, 3794330; 516345, 3794336; 516346,
3794343; 516346, 3794343; 516342, 3794345; 516336, 3794349; 516331,
3794352; 516326, 3794357; 516321, 3794361; 516317, 3794366; 516313,
3794371; 516309, 3794376; 516305, 3794382; 516302, 3794388; 516300,
3794393; 516297, 3794400; 516295, 3794406; 516294, 3794412; 516293,
3794419; 516292, 3794425; 516292, 3794430; 516292, 3794449; 516292,
3794450; 516292, 3794457; 516292, 3794458; 516293, 3794467; 516292,
3794468; 516291, 3794475; 516291, 3794481; 516290, 3794488; 516291,
3794495; 516291, 3794501; 516292, 3794508; 516294, 3794514; 516296,
3794520; 516298, 3794526; 516301, 3794532; 516303, 3794537; 516306,
3794541; 516306, 3794542; 516310, 3794548; 516314, 3794553; 516318,
3794558; 516322, 3794563; 516327, 3794567; 516332, 3794572; 516337,
3794575; 516343, 3794579; 516349, 3794582; 516353, 3794584; 516373,
3794593; 516373, 3794594; 516375, 3794601; 516376, 3794607; 516378,
3794613; 516380, 3794619; 516383, 3794625; 516386, 3794631; 516389,
3794637; 516393, 3794641; 516392, 3794641; 516387, 3794645; 516381,
3794649; 516376, 3794653; 516371, 3794657; 516367, 3794662; 516363,
3794667; 516361, 3794670; 516369, 3794670; 516369, 3794700; 516369,
3794730; 516369, 3794760; 516339, 3794760; 516339, 3794762; 516339,
3794790; 516339, 3794808; 516339, 3794809; 516343, 3794830; 516339,
3794837; 516338, 3794839; 516335, 3794845; 516334, 3794847; 516326,
3794865; 516324, 3794868; 516311, 3794899; 516311, 3794900; 516309,
3794905; 516309, 3794910; 516309, 3794940; 516309, 3794970; 516309,
3795000; 516309, 3795030; 516309, 3795060; 516334, 3795060; 516330,
3795101; 516325, 3795131; 516322, 3795150; 516309, 3795150; 516309,
3795180; 516309, 3795210; 516279, 3795210; 516279, 3795180; 516249,
3795180; 516219, 3795180; 516220, 3795202; 516219, 3795225; 516219,
3795226; 516219, 3795233; 516220, 3795239; 516221, 3795246; 516223,
3795252; 516224, 3795258; 516226, 3795262; 516237, 3795293; 516239,
3795296; 516240, 3795299; 516244, 3795309; 516248, 3795320; 516249,
3795326; 516252, 3795332; 516254, 3795338; 516257, 3795344; 516261,
3795349; 516265, 3795355; 516269, 3795360; 516273, 3795364; 516278,
3795369;
[[Page 44251]]
516283, 3795373; 516289, 3795377; 516294, 3795380; 516300, 3795383;
516306, 3795386; 516312, 3795388; 516318, 3795390; 516325, 3795392;
516331, 3795393; 516338, 3795394; 516344, 3795394; 516351, 3795394;
516357, 3795393; 516364, 3795392; 516370, 3795390; 516376, 3795388;
516382, 3795386; 516388, 3795383; 516394, 3795380; 516400, 3795377;
516405, 3795373; 516408, 3795370; 516408, 3795370; 516410, 3795369;
516415, 3795364; 516419, 3795360; 516423, 3795355; 516427, 3795349;
516462, 3795298; 516483, 3795273; 516487, 3795268; 516488, 3795267;
516506, 3795243; 516509, 3795239; 516510, 3795237; 516515, 3795230;
516521, 3795229; 516521, 3795229; 516525, 3795228; 516535, 3795226;
516538, 3795226; 516545, 3795224; 516548, 3795223; 516565, 3795218;
516568, 3795217; 516574, 3795215; 516578, 3795213; 516578, 3795213.
(ii) Note: Map of Units 2, 3, 4, and 5 for Taraxacum californicum
and Poa atropurpurea (Map 2) follows:
BILLING CODE 4310-55-P
[[Page 44252]]
[GRAPHIC] [TIFF OMITTED] TP07AU07.001
BILLING CODE 4310-55-C
[[Page 44253]]
(7) Unit 3 for Taraxacum californicum and Poa atropurpurea:
Belleville Meadow, San Bernardino County, California.
(i) From USGS 1:24:000 quadrangle map Fawnskin. Land bounded by the
following UTM NAD27 coordinates (E, N): 509560, 3796268; 509577,
3796255; 509585, 3796255; 509587, 3796256; 509594, 3796255; 509600,
3796255; 509604, 3796254; 509609, 3796253; 509637, 3796250; 509637,
3796250; 509644, 3796249; 509650, 3796247; 509657, 3796245; 509659,
3796244; 509672, 3796239; 509687, 3796236; 509693, 3796235; 509699,
3796233; 509705, 3796231; 509711, 3796228; 509717, 3796225; 509722,
3796222; 509728, 3796218; 509732, 3796215; 509748, 3796201; 509749,
3796200; 509751, 3796198; 509768, 3796182; 509772, 3796179; 509773,
3796178; 509776, 3796175; 509796, 3796156; 509797, 3796155; 509802,
3796150; 509806, 3796145; 509809, 3796140; 509813, 3796134; 509816,
3796128; 509819, 3796122; 509821, 3796116; 509823, 3796110; 509824,
3796104; 509825, 3796102; 509826, 3796096; 509828, 3796096; 509835,
3796095; 509841, 3796094; 509848, 3796093; 509854, 3796091; 509860,
3796089; 509861, 3796088; 509878, 3796081; 509884, 3796078; 509890,
3796075; 509895, 3796072; 509901, 3796068; 509906, 3796064; 509906,
3796064; 509907, 3796065; 509913, 3796068; 509919, 3796071; 509919,
3796071; 509919, 3796050; 509949, 3796050; 509949, 3796020; 509979,
3796020; 510009, 3796020; 510039, 3796020; 510039, 3795990; 510069,
3795990; 510099, 3795990; 510099, 3795960; 510099, 3795944; 510102,
3795942; 510108, 3795938; 510108, 3795937; 510118, 3795930; 510118,
3795930; 510118, 3795930; 510123, 3795926; 510128, 3795922; 510131,
3795922; 510136, 3795922; 510144, 3795921; 510159, 3795925; 510163,
3795926; 510169, 3795928; 510176, 3795929; 510182, 3795930; 510187,
3795930; 510202, 3795930; 510204, 3795930; 510210, 3795930; 510211,
3795930; 510247, 3795927; 510253, 3795927; 510259, 3795926; 510266,
3795924; 510272, 3795922; 510278, 3795920; 510284, 3795917; 510290,
3795914; 510295, 3795911; 510301, 3795907; 510306, 3795903; 510311,
3795898; 510313, 3795896; 510331, 3795877; 510333, 3795874; 510337,
3795869; 510341, 3795864; 510343, 3795861; 510354, 3795843; 510367,
3795831; 510368, 3795830; 510370, 3795828; 510382, 3795815; 510388,
3795814; 510393, 3795814; 510400, 3795814; 510406, 3795813; 510412,
3795811; 510419, 3795809; 510425, 3795807; 510431, 3795804; 510433,
3795803; 510450, 3795794; 510454, 3795792; 510460, 3795788; 510462,
3795787; 510467, 3795786; 510474, 3795785; 510480, 3795784; 510486,
3795782; 510492, 3795779; 510497, 3795778; 510510, 3795771; 510512,
3795770; 510512, 3795770; 510513, 3795771; 510519, 3795766; 510526,
3795764; 510536, 3795760; 510540, 3795759; 510570, 3795755; 510574,
3795754; 510594, 3795750; 510609, 3795750; 510609, 3795780; 510639,
3795780; 510639, 3795750; 510669, 3795750; 510699, 3795750; 510699,
3795720; 510729, 3795720; 510729, 3795694; 510730, 3795691; 510731,
3795690; 510731, 3795690; 510755, 3795690; 510756, 3795688; 510757,
3795686; 510759, 3795680; 510761, 3795674; 510762, 3795670; 510770,
3795670; 510772, 3795671; 510773, 3795670; 510794, 3795670; 510807,
3795671; 510808, 3795671; 510817, 3795676; 510819, 3795677; 510825,
3795680; 510830, 3795682; 510853, 3795690; 510854, 3795690; 510857,
3795691; 510858, 3795692; 510864, 3795694; 510871, 3795695; 510877,
3795696; 510884, 3795697; 510888, 3795697; 510929, 3795698; 510931,
3795698; 510934, 3795698; 510961, 3795697; 510965, 3795697; 510972,
3795696; 510978, 3795695; 510982, 3795694; 510992, 3795692; 511009,
3795692; 511013, 3795692; 511049, 3795690; 511051, 3795690; 511057,
3795689; 511064, 3795688; 511070, 3795687; 511076, 3795685; 511082,
3795682; 511088, 3795680; 511094, 3795677; 511100, 3795673; 511100,
3795673; 511106, 3795670; 511111, 3795666; 511116, 3795662; 511121,
3795657; 511123, 3795655; 511136, 3795642; 511139, 3795639; 511143,
3795634; 511147, 3795628; 511150, 3795623; 511153, 3795617; 511156,
3795611; 511158, 3795605; 511160,