[Federal Register: April 16, 2008 (Volume 73, Number 74)]
[Proposed Rules]
[Page 20581-20599]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap08-16]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R8-ES-2007-0008]; [92210-1117-0000 B4]
RIN 1018-AV07
Endangered and Threatened Wildlife and Plants; Revised
Designation of Critical Habitat for the San Bernardino Kangaroo Rat
(Dipodomys merriami parvus)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of comment period, changes to the
proposed critical habitat revision, notice of availability of draft
economic analysis, and amended required determinations.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
reopening of the comment period on our June 19, 2007, proposed revision
to critical habitat for the San Bernardino kangaroo rat (Dipodomys
merriami parvus) under the Endangered Species Act of 1973, as amended
(Act). In this document, we also propose to: Increase the size of
proposed critical habitat Unit 1 (Santa Ana River Wash), and add two
new proposed units: Unit 4 (Cable Creek Wash) and Unit 5 (Bautista
Creek). In total, we are adding approximately 1,579 acres (ac) (638
hectares (ha)), which are currently designated as critical habitat for
this subspecies, to our proposed revision to critical habitat. We also
announce the availability of the draft economic analysis (DEA) of the
proposed revision of critical habitat and an amended required
determinations section of the proposal. The DEA estimates potential
costs attributed to the revised critical habitat designation
(incremental costs) to be approximately $71.2 million in present value
terms using a 3 percent discount rate over a 23-year period in areas
proposed as critical habitat. We are reopening the comment period to
allow all interested parties an opportunity to comment simultaneously
on the original proposed revision of critical habitat, the additions to
revised critical habitat proposed in this document, the associated DEA,
and the amended required determinations section. Comments previously
submitted on this rulemaking do not need to be resubmitted, as they
will be incorporated into the public record and fully considered when
preparing our final determination.
DATES: We will accept comments received or postmarked on or before May
16, 2008.
ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: RIN 1018-AV07; Division of Policy and Directives Management; U.S.
Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington,
VA 22203.
We will not accept e-mail or faxes. We will post all comments on http:/
/www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Public Comments section
below for more information).
FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, U.S.
Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010
Hidden Valley Road, Carlsbad, CA 92011; telephone 760/431-9440;
facsimile 760/431-5901. If you use a telecommunications device for the
deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-
877-8339.
SUPPLEMENTARY INFORMATION:
Public Comments
We will accept written comments and information during this
reopened comment period on our proposed revision to critical habitat
for the San Bernardino kangaroo rat published in the Federal Register
on June 19, 2007 (72 FR 33808), the additions to revised critical
habitat proposed in this document, the DEA of the proposed revised
designation, and the amended required determinations provided in this
document. We will consider information and recommendations from all
interested parties. We are particularly interested in 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.),
specifically the benefits of excluding or the benefits of including any
particular area as critical habitat.
(2) Specific information on:
The amount and distribution of San Bernardino kangaroo rat
habitat,
Areas occupied by the subspecies at the time of listing
that contain features essential for the conservation of the subspecies
we should include in the designation and why, and
Areas not occupied by the subspecies at the time of
listing are essential to the conservation of the subspecies and why.
[[Page 20582]]
(3) Specific information on dispersal areas important for habitat
connectivity, their role in the conservation of the subspecies, and why
such areas should or should not be included in the critical habitat
designation.
(4) Our revision of criteria used to identify critical habitat, our
proposed addition of areas to critical habitat Unit 1, and the proposed
addition of Units 4 and 5 as described in this notice (see Changes to
Proposed Critical Habitat section below).
(5) Our proposed exclusions totaling 2,544 ac (1,029 ha) of San
Bernardino kangaroo rat habitat and whether the benefits of excluding
these areas would outweigh the benefits of including these areas under
section 4(b)(2) of the Act (see the Exclusions Under Section 4(b)(2) of
the Act section of the June 19, 2007, proposed rule (72 FR 33808) for a
detailed discussion).
(6) Any areas included in the proposed revision of critical habitat
that are covered by existing or proposed conservation or management
plans that we should consider for exclusion from the final designation
under section 4(b)(2) of the Act. We specifically request information
on any operative or draft Habitat Conservation Plans for the San
Bernardino kangaroo rat that have been prepared under section
10(a)(1)(B) of the Act, as well as any other management or conservation
plan or agreement that benefits the kangaroo rat or its essential
physical and biological features.
(7) Specific information regarding the current status of plan
implementation for the following management plans: the Woolly-Star
Preserve Area Management Plans; the Former Norton Air Force Base
Conservation Management Plan; the Cajon Creek Habitat Conservation
Management Area Habitat Enhancement and Management Plan; and Western
Riverside Multiple Species Habitat Conservation Plan.
(8) Land use designations and current or planned activities in the
subject areas and their possible impacts on proposed revised critical
habitat.
(9) Information on the extent to which any Federal, State, and
local environmental protection measures we reference in the DEA may
have been adopted largely as a result of the subspecies' listing.
(10) Information on whether the DEA identifies all Federal, State,
and local costs and benefits attributable to the proposed revision of
critical habitat, and information on any costs or benefits that we have
overlooked.
(11) Information on the economic costs and benefits associated with
the proposed additions to revised critical habitat announced in this
document.
(12) Information on whether the DEA makes appropriate assumptions
regarding current practices and any regulatory changes likely if we
designate revised critical habitat.
(13) Information on whether the DEA correctly assesses the effect
on regional costs associated with any land use controls that may result
from the revised designation of critical habitat.
(14) Information on areas that the revised critical habitat
designation could potentially impact to a disproportionate degree.
(15) Any foreseeable economic, national security, or other impacts
resulting from the proposed revised designation and, in particular, any
impacts on small entities, and information on the benefits of including
or excluding areas that exhibit these impacts.
(16) Information on whether the DEA appropriately identifies all
costs that could result from the proposed revised designation.
(17) Information on any quantifiable economic benefits of the
revised designation of critical habitat.
(18) Whether the benefits of excluding any particular area outweigh
the benefits of including that area under section 4(b)(2) of the Act.
(19) Economic data on the incremental costs of designating any
particular area as revised critical habitat.
(20) 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.
If you submitted comments or information on the proposed rule (72
FR 33808) during the initial comment period from June 19 to August 20,
2007, or the second comment period from December 11, 2007 to January
25, 2008 (opened to announce the public hearing held on January 10,
2008, in San Bernardino, California (72 FR 70284)), please do not
resubmit them. These comments have been incorporated into the public
record and will be fully considered in the preparation of our final
determination.
You may submit your comments and materials concerning this proposed
rule and draft economic analysis by one of the methods listed in the
ADDRESSES section. We will not accept anonymous comments; your comment
must include your first and last name, city, State, country, and postal
(zip) code. Finally, we will not consider hand-delivered comments or
mailed comments that are not received or postmarked, respectively, by
the date specified in the DATES section.
We will post your entire comment--including your personal
identifying information--on http://www.regulations.gov. If you provide
personal identifying information in addition to the required items
specified in the previous paragraph, such as your street address, phone
number, or e-mail address, you may request at the top of your document
that we withhold this information from public review. However, we
cannot guarantee that we will be able to do so.
Our final determination concerning revised critical habitat for the
San Bernardino kangaroo rat will take into consideration all written
comments we receive, oral or written comments we received at the public
hearing on January 10, 2008, and any additional information we receive
during all comment periods. On the basis of public comments, we may,
during the development of our final determination, find that areas
proposed are not essential, are appropriate for exclusion under section
4(b)(2) of the Act, or are not appropriate for exclusion.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Carlsbad Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
You may obtain copies of the original proposed revision of critical
habitat and the DEA on the Internet at http://www.regulations.gov, or
by contacting the Carlsbad Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Background
On March 30, 2005, the Pacific Legal Foundation filed suit against
the Service challenging our failure to provide adequate delineation,
justification, or sufficient analysis of economic and other impacts in
the designation of critical habitat for the San Bernardino kangaroo rat
and 26 other species. On March 23, 2006, a settlement agreement was
reached requiring the Service to propose to revise critical habitat for
the San Bernardino kangaroo rat as appropriate. The settlement
stipulated that on or before June 1, 2007, the Service was required to
submit for publication to the Federal Register a proposed rule
regarding any revisions to the designation of critical habitat, and
that we must submit a final rule for
[[Page 20583]]
publication to the Federal Register on or before June 1, 2008. On June
19, 2007, we published a proposed rule to revise critical habitat for
the San Bernardino kangaroo rat (72 FR 33808), identifying
approximately 9,079 ac (3,674 ha) in Riverside and San Bernardino
Counties, California, that meet the definition of critical habitat for
this subspecies. Of this, we proposed to exclude approximately 2,544 ac
(1,029 ha) of non-Federal land covered by the Woolly-Star Preserve Area
Management Plans, the Former Norton Air Force Base Conservation
Management Plan, the Cajon Creek Habitat Conservation Management Area
Habitat Enhancement and Management Plan, and the Western Riverside
County Multiple Species Habitat Conservation Plan from the final
designation under section 4(b)(2) of the Act (see 72 FR 33808,
``Exclusions Under Section 4(b)(2) of the Act'' section of the June 19,
2007, proposed revision to critical habitat for details).
Section 3 of the Act defines critical habitat 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. If
the proposed rule is made final, section 7 of the Act will prohibit
destruction or adverse modification of critical habitat by any activity
funded, authorized, or carried out by any Federal agency. Federal
agencies proposing actions affecting areas designated as critical
habitat must consult with us on the effects of their proposed actions,
under section 7(a)(2) of the Act.
Under section 4(b)(2) of the Act, we may exclude an area from
critical habitat if we determine that the benefits of such exclusion
outweigh the benefits of including that particular area as critical
habitat, unless failure to designate that specific area as critical
habitat will result in the extinction of the species. We may exclude an
area from designated critical habitat based on economic impacts,
national security, or any other relevant impact.
Draft Economic Analysis
Section 4(b)(2) of the Act requires that we designate or revise
critical habitat based upon the best scientific and commercial data
available, after taking into consideration the economic impact, impact
on national security, or any other relevant impact of specifying any
particular area as critical habitat. We have prepared a DEA of the June
19, 2007, proposed revision of critical habitat for the San Bernardino
kangaroo rat (72 FR 33808). The DEA does not analyze potential economic
impacts associated with the proposed additions to revised critical
habitat announced in this document; however, an addendum to the DEA
will be prepared for those areas. A final economic analysis will
address all areas designated as revised critical habitat.
The intent of the DEA is to quantify the baseline and incremental
economic impacts of all potential conservation efforts for the San
Bernardino kangaroo rat. Baseline impacts include the potential
economic impacts of all actions relating to the conservation of the San
Bernardino kangaroo rat, including costs associated with sections 4, 7,
and 10 of the Act, as well as those attributable to past efforts to
conserve currently designated critical habitat. Baseline impacts also
include the economic impacts of protective measures taken as a result
of other Federal, State, and local laws that aid habitat conservation
in the study area. Incremental impacts are those potential future
economic impacts of conservation actions relating to the revised
designation of critical habitat; these would not be expected to occur
but for the designation of critical habitat.
For the purposes of the economic analysis and assessing effects on
development, the proposed revised critical habitat was divided into
upland and lowland areas. Lowland areas are occupied by the San
Bernardino kangaroo rat year-round, at high densities of individuals.
Because this is such a narrow endemic subspecies found in very few
locations, any adverse modification decision would likely be coincident
to a jeopardy determination for the same action. Thus, potential
economic impacts from conservation efforts that may be necessary to
avoid adverse modification of critical habitat within lowland areas are
considered co-extensive with the impacts of the listing of the San
Bernardino kangaroo rat and, for the purposes of the economic analysis,
are considered to be baseline impacts of the revised designation.
The general conservation role of critical habitat designated within
the upland habitat areas is to act as refuge for the San Bernardino
kangaroo rat during flooding events that inundate the low-lying
alluvial fans (i.e., the lowlands), which this subspecies usually
occupies. Conservation efforts not otherwise necessary to avoid
jeopardy to the San Bernardino kangaroo rat may be required in upland
areas designated as critical habitat to ensure that the conservation
role and functional ability of the areas are conserved. Therefore,
incremental costs may be incurred in upland areas designated as
critical habitat, as it is reasonable to expect that the Service may
recommend avoidance and minimization efforts in such upland areas (up
to and including complete avoidance) specifically to avoid the
destruction or adverse modification of the critical habitat. Thus, for
purposes of the economic analysis, potential economic impacts of
conservation efforts that may result in reduced or no development in
the upland areas designated as critical habitat are considered
incremental impacts of the revised designation.
Baseline economic impacts are those impacts that result from
listing and other conservation efforts for the San Bernardino kangaroo
rat, including past costs incurred due to the existing designation of
critical habitat. Baseline economic impacts consist of impacts to water
conservation efforts and impacts due to potential constraints on
development. Past baseline impacts total $14.5 million in present value
terms using a 3 percent discount rate. Future baseline impacts are
estimated to be $243.9 million in present value terms using a 3 percent
discount rate over a 23-year period from 2008 to 2030, or $15.2 million
annualized. Stated in other terms, these future baseline impacts are
estimated to be approximately $342 million ($14.9 million annualized)
in undiscounted dollars or approximately $145.8 million ($79.6 million
annualized) in present value terms using a 7 percent discount rate.
The vast majority of incremental impacts attributed to the proposed
revised critical habitat designation are due to potential constraints
on development within upland areas. The projected number of housing
units in upland areas of proposed revised critical habitat is 847.
Assuming the potential constraints on development in the upland areas
result in complete avoidance of these areas, the DEA estimates
potential incremental economic impacts in areas proposed as revised
critical habitat over a 23-year period from 2008 to 2030 to be $71.2
million in present value terms ($4.3 million annualized), using a 3
percent discount rate. These impacts are estimated to be approximately
$99.6 million ($4.3 million annualized) in undiscounted dollars or
approximately
[[Page 20584]]
$48.8 million ($26.3 million annualized) in present value terms using a
7 percent discount rate. A very small portion of incremental effects
are attributed to water conservation activities in upland areas,
approximately $90 annualized at a 3 percent discount rate. No
incremental economic impacts are expected in areas proposed for
exclusion from the revised critical habitat. The potential economic
impacts in these areas are all considered to be baseline impacts (refer
to Appendix A in DEA).
The economic analysis considers both economic efficiency and
distributional effects. In the case of habitat conservation, efficiency
effects generally reflect the ``opportunity costs'' associated with the
commitment of resources to comply with habitat protection measures
(such as lost economic opportunities associated with restrictions on
land use). The economic analysis also addresses how potential economic
impacts are likely to be distributed, including an assessment of any
local or regional impacts of habitat conservation and the potential
effects of conservation activities on government agencies, private
businesses, and individuals. The analysis measures lost economic
efficiency associated with residential and commercial development and
public projects and activities, such as economic impacts on water
management and transportation projects, Federal lands, small entities,
and the energy industry. This information can be used by the decision-
makers to assess whether the effects of the revised designation might
unduly burden a particular group or economic sector.
Finally, the economic analysis looks retrospectively at costs that
have been incurred since the date we listed the San Bernardino kangaroo
rat as endangered (September 24, 1998; 63 FR 51005), and considers
those costs that may occur in the years following the revised
designation of critical habitat, with the timeframes for this analysis
varying by activity. The baseline and incremental economic impacts of
potential conservation efforts for the San Bernardino kangaroo rat are
associated with the following activities: (1) Water conservation, (2)
flood control, (3) urban development, (4) sand and gravel mining, (5)
agricultural activities, and (6) off-road vehicle activities.
As we stated earlier, we are soliciting data and comments from the
public on the DEA, as well as on all aspects of the proposed rule, the
additions to revised critical habitat proposed in this document, and
our amended required determinations. The final designation may differ
from the proposed rule based on new information we receive during the
public comment periods. Our supporting record will reflect any new
information used in making the final designation. In particular, we may
exclude an area from critical habitat if we determine that the benefits
of excluding the area outweigh the benefits of including the area as
revised critical habitat, provided such exclusion will not result in
the extinction of the subspecies.
Changes to Proposed Revised Critical Habitat
Criteria Used To Identify Critical Habitat
In this document, we are advising the public of revisions we made
to the criteria we used to identify critical habitat (as described in
the June 19, 2007, proposed rule (72 FR 33808)). During the first and
second comment periods for the proposed rule, we received significant
comments from the public, including biologists familiar with the San
Bernardino kangaroo rat, which lead us to reevaluate and revise the
criteria used to identify critical habitat. Below, we present our
revised ``Criteria Used To Identify Critical Habitat'' section, which
replaces the ``Criteria Used To Identify Critical Habitat'' section
provided in the June 19, 2007, proposed rule.
We are proposing to designate critical habitat for the San
Bernardino kangaroo rat in areas we have determined to be occupied by
the subspecies at the time of listing, and that contain the physical
and biological features essential to the conservation of the
subspecies. The physical and biological features are those primary
constituent elements (PCEs) laid out in a specific spatial arrangement
and quantity to support the life history functions essential for the
conservation of this subspecies. Some designated lands contain all PCEs
and support multiple life processes. Some lands contain only a portion
of the PCEs necessary to support the particular biological value of
that habitat to this subspecies.
We define occupied habitat as: (a) Those areas containing
occurrence data prior to listing (1980 to 1998); (b) those areas
containing occurrence data since the time of listing (1998 to present);
and (c) areas adjacent to and between occurrence points that maintain
habitat connectivity in one continuous patch of suitable habitat. As
discussed in the Background section of the June 19, 2007, proposed rule
(72 FR 33808), occurrences discovered since the listing of the
subspecies in 1998 are within areas considered to be occupied by the
subspecies at the time of listing (Santa Ana River, Lytle/Cajon Creek,
and San Jacinto River washes).
In this proposed designation, we have focused primarily on core
populations (i.e., areas where the subspecies has been repeatedly
detected through live trapping) in undisturbed habitat in the Santa Ana
River, Lytle/Cajon Creeks, and the San Jacinto River washes. We believe
that protecting these three largest core populations is necessary for
the conservation of the species. Protecting small, isolated, peripheral
populations in areas of degraded habitat and those areas devoid of
fluvial processes where detection of San Bernardino kangaroo rat has
been sporadic is not essential for recovery as these populations are
likely unsustainable. In defining core population boundaries, we
included areas demographically disconnected from the three largest
populations, but which may provide the subspecies with protection
against demographically stochastic events (e.g., flooding in excess of
a 100-year storm event that removes flood-plain terrace habitat,
earthquakes, fires followed by erosion of adjacent slopes that bury
occupied habitat) which could cause local extinctions in the larger
units. These areas are occupied by the subspecies and likely contain
self-sustaining populations, relatively undisturbed alluvial scrub
habitat with largely unimpeded fluvial dynamics, the PCEs identified
for the subspecies, and are important for the long-term conservation of
the subspecies.
Utilizing 2005 aerial imagery and occurrence data to determine
areas of occupancy, we delineated critical habitat on maps to include
occupied, non-degraded alluvial fans, washes, floodplains, and adjacent
upland areas containing the PCEs required by the San Bernardino
kangaroo rat. We then made site visits with biologists considered to be
experts on this subspecies and its habitat to confirm the presence of
PCEs in the areas delineated on the maps. Areas determined not to
contain any of the PCEs are not proposed as critical habitat. Because
of the importance of upland habitat as a source of animals to
repopulate wash areas following flood events, we include upland habitat
containing one or more PCEs, and adjacent to occupied wash habitat in
this proposed designation.
When determining the critical habitat boundaries, we made every
effort to avoid including developed areas such as buildings, paved
areas, and other structures that lack PCEs for the San Bernardino
kangaroo rat. Areas
[[Page 20585]]
currently being used for sand/gravel mining operations (e.g., pits,
staging areas) do not contain the physical and biological features
essential to the conservation of the San Bernardino kangaroo rat. 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 developed structures and the land under them
inadvertently left inside critical habitat boundaries shown on the maps
of this proposed critical habitat have been excluded by text in this
rule and would not be designated as critical habitat. Therefore,
Federal actions limited to these areas would not trigger section 7
consultation, unless they may affect the subspecies or physical and
biological features in adjacent critical habitat.
Areas Proposed as Critical Habitat
In this document, we are proposing additional revisions to the area
of critical habitat described in the June 19, 2007, proposed rule (72
FR 33808). During the first and second comment periods for the proposed
rule, we received significant comments from the public, including
biologists familiar with the San Bernardino kangaroo rat, on areas that
are essential to the subspecies and should be included in the
designation. As a result of these comments, new information received,
and revision of the criteria used to identify critical habitat, we
reevaluated the following areas: Mill Creek, Plunge Creek (including
areas providing habitat connectivity of the Plunge Creek wash with the
Santa Ana River wash), Cable Creek wash, and Bautista Creek. All of
these areas are currently designated as critical habitat for the San
Bernardino kangaroo rat (see 50 CFR 17.95(a); 67 FR 19812, April 23,
2002); however, we did not propose these areas as critical habitat in
the June 19, 2007, proposed revision to critical habitat (73 FR 33808).
Below we describe each area we reevaluated, explain why we did not
include the area in the 2007 proposed rule, and explain why we are now
proposing the area for inclusion in the revised designation of critical
habitat.
Mill Creek
Mill Creek flows into and joins the Santa Ana River wash (Unit 1)
in the eastern side of the unit. We did not include the Mill Creek area
in the 2007 proposed rule (72 FR 33808), although we indicated that it
was considered important to the subspecies by contributing fluvial
dynamics to the Santa Ana River wash. At the time of the proposed
revised rule, we had limited survey data indicating Mill Creek was
sparsely occupied by the San Bernardino kangaroo rat. Furthermore, we
determined this area contained large expanses of unsuitable habitat. As
such, we did not include the majority of lower Mill Creek in the June
19, 2007 proposed revision to critical habitat.
During the public comment period, we received a number of comments
highlighting the importance of Mill Creek as an area not only occupied
by the San Bernardino kangaroo rat connected to and contiguous with the
core population in the Santa Ana wash, but also containing the physical
and biological features necessary for the long-term conservation of
this subspecies. Upon receiving comments from the public about Mill
Creek, we reevaluated our data in this area. Evidence of extensive
burrowing activity observed by Service biologists indicates this area
is occupied by kangaroo rats, and live-trapping confirms that Mill
Creek is occupied by the San Bernardino kangaroo rat subspecies. We
agree that the reach of Mill Creek occupied by the San Bernardino
kangaroo rat to its confluence with the Santa Ana River is important to
the recovery of the subspecies as it is the only large stretch of
contiguous, occupied habitat for the San Bernardino kangaroo rat within
Unit 1 that is not fragmented by development (e.g., roads, aggregate
mining pits). Further, we agree that the habitat at Mill Creek is
connected to and contiguous with habitat supporting the core population
in Unit 1, and therefore, San Bernardino kangaroo rats inhabiting Mill
Creek are part of the Santa Ana River wash core population.
We also received comments about the importance of Mill Creek as a
source of sediment through natural fluvial dynamics to the majority of
the Santa Ana River wash (Unit 1). Existing infrastructure (e.g.,
levees, culverts, concrete-lined channels, bridge abutments and other
fill) affects the function of the Santa Ana River and its tributaries
within the historic and current range of this subspecies. As a result,
the historic flood plain dynamics within the upper Santa Ana River
watershed have been permanently altered (MEC 2000, pp. 175-176).
Periodic flooding provides natural scour and sediment deposition,
decreases vegetation density and cover, and naturally maintains the
alluvial sage scrub that supports this subspecies. Mill Creek is the
only remaining source of alluvial sediments remaining within Unit 1
that has not been significantly altered by flood control structures,
water diversions, or other activities. Although the Santa Ana River is
incised just downstream from its confluence with Mill Creek, the flood
plain elevations downstream (e.g., downstream of Opal Street in
Mentone) allow overbank scour and sediment deposition during even
small-to moderate-intensity storms. The periodic deposition of
sediments from Mill Creek helps to naturally maintain the soil and
alluvial fan sage scrub (i.e., the PCEs upon which the survival and
recovery of the San Bernardino kangaroo rat in Unit 1 depend) within
critical habitat along the Santa Ana River as suitable habitat to
support the core population of San Bernardino kangaroo rats within this
unit. Because of the importance of Mill Creek, we are proposing to
include 388 ac (157 ha) of Mill Creek in the revision to critical
habitat for proposed Unit 1. This area is currently designated as
critical habitat as part of Unit 1 (see 50 CFR 17.95(a); 67 FR 19812,
April 23, 2002).
Plunge Creek
Plunge Creek is located north of the main stem of the Santa Ana
River in Unit 1 and is largely isolated from the core population of San
Bernardino kangaroo rats in the wash by sand and gravel mining
operations. A portion of Plunge Creek was included in the June 19,
2007, proposed revision to critical habitat, but no critical habitat
connection between this area of Plunge Creek and other portions of
proposed Unit 1 was included in the proposal. We did not propose
revised critical habitat connecting Plunge Creek to other critical
habitat areas in proposed Unit 1 because, although lands in this area
are managed by the Bureau of Land Management (BLM), the BLM is
considering the revision of their South Coast Resource Management Plan
and an exchange of land within their existing Area of Critical
Environmental Concern (ACEC) for lands that are privately owned within
the Santa Ana River wash. Should this exchange occur, we anticipate
that the Upper Santa Ana River Habitat Conservation Plan (USAR HCP,
also known as ``Plan B'') would put forward. The land exchange would be
done to facilitate aggregate mining, water conservation, roadway
improvements, and other activities in areas that are now within the
ACEC, while other, less-disturbed habitat areas for the San Bernardino
kangaroo rat would be conserved through the implementation of the USAR
HCP. Although we have been working with the BLM and associated
stakeholders on the land exchange for many years, we have not yet been
asked by the BLM to formally consult with them on this
[[Page 20586]]
action. However, during collaboration with the BLM and stakeholders in
the USAR HCP, we had considered areas where future mining may be
proposed, and determined in our June 19, 2007, proposed revision to
critical habitat that these areas should not be included in the
proposed revision at that time.
We received significant comment from the public highlighting the
importance of Plunge Creek to the conservation of the San Bernardino
kangaroo rat. Commenters were concerned that proposed revision to
critical habitat around Plunge Creek (which is north of existing and
proposed mining pits) did not connect to critical habitat in the Santa
Ana River mainstem south of these pits. Plunge Creek is extensively
modified upstream of Greenspot Road by levees and the bridge crossing
the creek on Greenspot Road, and the creek at Orange Street is
completely channelized and diverted from its historic connection with
the Santa Ana River. However, significant sediment deposition occurs
immediately downstream of the Greenspot Road bridge and provides for
habitat renewal in portions of the adjacent Woolly-Star Preserve Area
and the reach of Plunge Creek from Greenspot Road to its diversion at
Orange Street. This area of relatively undisturbed alluvial scrub is
known to be occupied by the San Bernardino kangaroo rat. Commenters,
including biologists familiar with the San Bernardino kangaroo rat,
stated that it is important for the persistence of the subspecies in
Unit 1 that the demographic and genetic connectivity of populations in
Plunge Creek and the Santa Ana wash be conserved. We agree that without
a habitat connection in Unit 1 to provide for demographic and genetic
exchange between San Bernardino kangaroo rats in Plunge Creek and the
main stem area, the population of San Bernardino kangaroo rat in Plunge
Creek is at risk of local extirpation. Due to the importance of Plunge
Creek and connectivity to the remainder of the unit, we are now
proposing to include approximately 265 ac (107 ha) of habitat that was
occupied at the time of listing and currently occupied in proposed Unit
1. This additional area, which contains the physical and biological
features essential to the conservation of the subspecies, would allow
for connectivity of Plunge Creek and the core population in the Santa
Ana River wash. This area is currently designated as critical habitat
as part of Unit 1 (see 50 CFR 17.95(a); 67 FR 19812, April 23, 2002).
Cable Creek Wash
The Cable Creek wash is located northeast of the Lytle/Cajon Creek
wash (within current Unit 2) on the opposite side of Interstate 215 (I-
215). This wash, although occupied, is isolated from proposed Unit 2 by
I-215, flood control structures, and other development. Cable Creek is
channelized where it approaches the freeway. The concrete channel
eventually crosses underneath the I-215 to flow into the Lytle/Cajon
wash, but the channel precludes the movement of individual San
Bernardino kangaroo rats between these areas. Hence, any genetic or
demographic connection between San Bernardino kangaroo rats in Cable
Creek wash and the Lytle/Cajon wash is likely minimal to non-existent.
We did not propose the Cable Creek wash in the June 19, 2007, proposed
revision to critical habitat because of the disconnect between this
population at Cable Creek and the larger population of San Bernardino
kangaroo rats at Lytle/Cajon Creek.
During the comment periods for the San Bernardino kangaroo rat
proposed critical habitat revision, we received significant comment
from the public about Cable Creek wash. Commenters stated that this
wash contains the essential physical and biological features, and
retains fluvial dynamics, and is one of the few areas of occupied San
Bernardino kangaroo rat habitat within the remaining range of the
subspecies. Further, this area appears to be large enough to support a
population of San Bernardino kangaroo rats indefinitely, despite its
disconnection from the core population in the Lytle/Cajon Creek wash.
We agree that Cable Creek contains quality San Bernardino kangaroo rat
habitat and the repeated positive survey results suggest this area
supports a population of this subspecies. We also received comments
suggesting that this area could be important for the long-term
conservation of this subspecies in the future if population levels in
the core area of the Lytle/Cajon wash were to decrease due to
catastrophic events. The demographic isolation of Cable Creek from
Lytle/Cajon Creek occurred relatively recently on an evolutionary time
scale, and therefore, we agree that the Cable Creek wash population
could be utilized to augment recovery of the Lytle/Cajon wash
population. Based on these comments, we revised our criteria
identifying critical habitat to include areas disconnected from core
population areas that we determine may be important for the long-term
conservation of the subspecies, and we are proposing to include
approximately 483 ac (195 ha) of land in the Cable Creek wash in a new
critical habitat Unit 4. This area is currently designated as critical
habitat as part of Unit 2 (see 50 CFR 17.95(a); 67 FR 19812, April 23,
2002).
Bautista Creek
Bautista Creek drains into the San Jacinto River wash from the
south, flowing into the area supporting the core population of San
Bernardino kangaroo rats within the San Jacinto River (proposed Unit
3). Bautista Creek has been channelized approximately 2 miles (3.2
kilometers) downstream of the San Bernardino National Forest boundary
and now flows for several miles through a 4-sided concrete box channel
to its confluence with San Jacinto Creek. This steep-sided channel
effectively isolates San Bernardino kangaroo rats in Bautista Creek
from those in San Jacinto Creek. Minimal genetic connectivity may exist
between the Bautista Creek and San Jacinto River populations by way of
highly disturbed, upland agricultural fields along the length of the
concrete channel (if those agricultural areas are occupied at some low
level by the subspecies). Demographic connectivity of the two
populations through these highly disturbed agricultural areas is
unlikely. Although unlikely, an occasional individual may survive being
washed downstream through the channel during a high flow event, but
such an event is likely so rare as to be relatively meaningless to the
population in terms of demographic or genetic exchange between
individual animals in Bautista and San Jacinto creeks. It is also
unlikely that San Bernardino kangaroo rats could successfully migrate
from the San Jacinto upstream through the concrete channel to the
Bautista Creek area. Because of this, we did not include Bautista Creek
in the June 19, 2007, proposed revision to critical habitat.
We received significant comment during the public comment periods
about the unchannelized reaches of Bautista Creek that were designated
in the April 23, 2002, final rule as critical habitat (67 FR 19812).
These comments focused on the unimpeded fluvial dynamics that maintain
existing physical and biological features and occupancy by the San
Bernardino kangaroo rat in this area. It was noted that given the
extent and quality of habitat in this area of Bautista Creek, the
population of San Bernardino kangaroo rats in Bautista Creek is likely
self-sustaining in the long-term despite the lack of habitat
connectivity with the San Jacinto River wash. We agree that the
unchannelized portion of Bautista Creek
[[Page 20587]]
is occupied as documented through live-trapping results, and that this
area retains fluvial dynamics maintaining the physical and biological
features required by the San Bernardino kangaroo rat. We also received
comments suggesting the Bautista Creek population is important for the
long-term conservation of the San Bernardino kangaroo rat, as it
provides a safeguard against population declines and local extinction
in the San Jacinto unit (proposed Unit 3). The demographic isolation of
Bautista Creek from the San Jacinto River occurred relatively recently
on an evolutionary time scale, and therefore, we agree that the
Bautista Creek population could be utilized to augment recovery of the
San Jacinto River wash population. The comments we received also
highlighted the importance of conserving the Bautista Creek area as it
represents the southernmost extent of the range for San Bernardino
kangaroo rat. Based in part on these comments, we revised our criteria
identifying critical habitat to include disconnected areas that we
determine are important for the long-term conservation of the
subspecies, and we are proposing to include approximately 443 ac (180
ha) of land in Bautista Creek in a new proposed Unit 5. This area is
currently designated as critical habitat as part of Unit 3 (see 50 CFR
17.95(a); 67 FR 19812, April 23, 2002).
In total, we are adding approximately 1,579 ac (638 ha) of Federal
and private land to the June 19, 2007, proposed revision to critical
habitat for the San Bernardino kangaroo rat (Table 1). These proposed
areas are not analyzed in the DEA that is now out for public review,
but will be analyzed in an addendum and, if designated, will be
addressed in the final economic analysis.
Table 1.--Land Ownership, Areas Proposed as Revised Critical Habitat in the June 19, 2007 Proposed Rule (72 FR
33808), Additional Areas Proposed in This Document, Areas Proposed for Exclusion From the Final Critical Habitat
Designation Under Section 4(b)(2) of the Act
[Area estimates reflect all land within revised proposed critical habitat unit boundaries]
----------------------------------------------------------------------------------------------------------------
Areas proposed
Proposed critical Additions to for exclusion
Critical habitat unit Land ownership habitat (72 FR proposed critical under section
33808) habitat 4(b)(2) of the
act
----------------------------------------------------------------------------------------------------------------
1. Santa Ana River Wash, San BLM \1\............... 559 (226) 184 (74) 00 (00)
Bernardino County. Local \2\............. 268 (109) 00 (00) 268 (109)
Private............... 2,797 (1,132) 469 (190) 742 (300)
--------------------------------------------------------
Subtotal................... ...................... 3,624 (1,467) 653 (264) 1,010 (409)
========================================================
2. Lytle/Cajon Creek Wash, San USFS \3\.............. 89 (36) 00 (00) 00 (00)
Bernardino County. Private............... 4,597 (1,860) 00 (00) 1,271 (514)
--------------------------------------------------------
Subtotal................... ...................... 4,686 (1,896) 00 (00) 1,271 (514)
========================================================
3. San Jacinto River Wash, Water District \4\.... 506 (205) 00 (00) 00 (00)
Riverside County. Local Flood \5\....... 94 (38) 00 (00) 94 (38)
Private............... 169 (68) 00 (00) 169 (68)
--------------------------------------------------------
Subtotal................... ...................... 769 (311) 00 (00) 263 (106)
========================================================
4. Cable Creek Wash, San Private............... 00 (00) 483 (195) 00 (00)
Bernardino County.
--------------------------------------------------------
Subtotal................... ...................... 00 (00) 483 (195) 00 (00)
========================================================
5. Bautista Creek, Riverside USFS \3\.............. 00 (00) 73 (30) 00 (00)
County. USFS Inholding........ 00 (00) 38 (15) 00 (00)
Local Flood \5\....... 00 (00) 4 (2) 00 (00)
Private............... 00 (00) 328 (133) 00 (00)
--------------------------------------------------------
Subtotal................... ...................... 00 (00) 443 (180) 00 (00)
--------------------------------------------------------
Total.................. ...................... 9,079 (3,674) 1,579 (638) 2,544 (1,029)
----------------------------------------------------------------------------------------------------------------
\1\ BLM = Bureau of Land Management.
\2\ Local = Local Reuse Authority.
\3\ USFS = U.S. Forest Service.
\4\ Water District = Eastern Municipal Water District and Lake Hemet Municipal Water District.
\5\ Local Flood = Riverside County Flood Control.
Revised Unit Descriptions
Below, we present a revised unit description for San Bernardino
kangaroo rat proposed critical habitat Unit 1, which replaces the unit
description presented in the June 19, 2007, proposed rule (72 FR
33808). We also present unit descriptions for newly proposed Units 4
and 5. The unit descriptions for proposed Units 2 and 3 presented in
the June 19, 2007, proposed rule remain unchanged.
Unit 1: Santa Ana River Wash
Unit 1 consists of approximately 4,277 ac (1,731 ha) and is located
in San Bernardino County. This unit includes the Santa Ana River and
portions of City, Plunge, and Mill Creeks. The area includes lands
within the cities of San Bernardino, Redlands, and Highland. Although
Seven Oaks Dam (northeast of Unit 1) impedes sediment transport and
reduces the magnitude, frequency, and extent of flood events from the
Santa Ana River, the system still retains partial fluvial dynamics
because Mill Creek is not impeded by a dam or debris
[[Page 20588]]
basin. This proposed critical habitat unit was occupied at the time of
listing, is currently occupied, and contains all of the PCEs (PCEs 1,
2, and 3) in the appropriate quantity and spatial arrangement essential
for the conservation of the subspecies. Additionally, this unit
contains the highest densities of San Bernardino kangaroo rat in the
Santa Ana wash. The physical and biological features contained within
this unit may require special management considerations or protection
to minimize impacts associated with flood control operations, water
conservation projects, sand and gravel mining, and urban development.
Approximately 742 ac (300 ha) of Unit 1 occurs within the Woolly-
Star Preserve Area (WSPA), a section of the flood plain downstream of
Seven Oaks Dam that was preserved by the flood control districts of
Orange, Riverside, and San Bernardino Counties. The WSPA was
established in 1988 by the U.S. Army Corps of Engineers (ACOE) to
minimize the effects of Seven Oaks Dam on the federally endangered
plant, Eriastrum densifolium ssp. sanctorum (Santa Ana River woolly-
star). This area of alluvial fan scrub in the wash near the low-flow
channel of the river was designated for preservation because these
sections of the wash were thought to have the highest potential to
maintain the hydrology necessary for the periodic regeneration of early
phases of alluvial fan sage scrub. A 1993 Management Plan for the Santa
Ana River WSPA has been completed, and a draft multi-species habitat
management plan (MSHMP) for WSPA lands, which includes protection for
the San Bernardino kangaroo rat, is to be completed as an additional
conservation measure pursuant to our December 19, 2002, biological
opinion on operations for Seven Oaks Dam (Service 2002b, p. 8). As a
result, we are proposing to exclude approximately 742 ac (300 ha) of
WSPA lands that fall within the proposed revision to critical habitat
from the final revised critical habitat designation based on the
benefits to the subspecies provided by these plans (see the Exclusions
Under section 4(b)(2) of the Act section of the June 19, 2007, proposed
rule (72 FR 33808) for a detailed discussion).
In 1994, the BLM designated three parcels in the Santa Ana River, a
total of approximately 760 ac (305 ha), as an Area of Critical
Environmental Concern (ACEC). One parcel is located south of the Seven
Oaks barrow pit, another is farther west and south of Plunge Creek, and
the third is located farther west between two large mining pits. The
primary goal of this ACEC designation is to protect and enhance the
habitat of federally listed plant species occurring in the area while
providing for the administration of valid existing water conservation
rights. Although the establishment of this ACEC is important in regard
to conservation of sensitive species and communities in this area, the
administration of existing water-conservation rights conflicts with the
BLM's ability to manage their lands for the San Bernardino kangaroo
rat. Existing rights include a withdrawal of Federal lands for water
conservation through an act of Congress on February 20, 1909 (Pub. L.
248, 60th Cong., 2nd sess.). The entire ACEC is included in this
withdrawn land and may be used for water conservation measures such as
the construction of percolation basins. Although the BLM is
coordinating with the Service to conserve San Bernardino kangaroo rat
habitat, at this time we do not consider these lands to be managed for
the benefit of the San Bernardino kangaroo rat or the physical and
biological features essential to the conservation of the species. We
are not proposing to exclude these lands from the final revised
critical habitat designation.
We are currently coordinating with the BLM, ACOE, San Bernardino
Valley Conservation District, Cemex Construction Materials, Robertson's
Ready Mix, and other local interests on a proposed exchange of Federal
and private lands and the development of the USAR HCP. The goal of the
USAR HCP is to consolidate a large block of alluvial fan scrub occupied
by three federally endangered species (the San Bernardino kangaroo rat,
Eriastrum densifolium ssp. sanctorum, and Dodecahema leptoceras
(slender-horned spineflower)) and one federally threatened species (the
coastal California gnatcatcher (Polioptila californica californica)).
The area under consideration includes the majority of the Santa Ana
wash from just downstream of the confluence of Mill Creek with the
Santa Ana River to Alabama Street. While the goal of this effort is to
benefit the San Bernardino kangaroo rat through the establishment of
preserve lands that will be managed for this subspecies and other
listed species, we are still in the development phase of this HCP. We
are not proposing to exclude any lands within the proposed Santa Ana
River Wash Conservation Area from the final revised critical habitat
designation.
Approximately 268 ac (109 ha) of occupied habitat in the Santa Ana
River wash has been set aside for conservation in perpetuity by the
U.S. Air Force as part of on-base site remediation efforts at the
former Norton Air Force Base (AFB) in San Bernardino, California. These
areas are managed specifically for the San Bernardino kangaroo rat and
Eriastrum densifolium spp. sanctorum pursuant to the Former Norton Air
Force Base Conservation Management Plan (CMP) completed in March 2002.
We are proposing to exclude these 268 ac (109 ha) from the final
revised critical habitat designation based on benefits provided to San
Bernardino kangaroo rat habitat under the CMP (see Proposed Rule (72 FR
33808), Exclusions Under section 4(b)(2) of the Act section for a
detailed discussion).
Unit 4: Cable Creek Wash
Unit 4 consists of approximately 483 ac (195 ha) and is located in
San Bernardino County. This unit encompasses the Cable Creek alluvial
flood plain from the mouth of Cable Canyon to Interstate 215 (I-215)
where the creek becomes channelized. Because Cable Creek is not impeded
by a dam or debris basin, the fluvial dynamics necessary to maintain
the PCEs of San Bernardino kangaroo rat critical habitat remain in this
unchannelized portion of Cable Creek. This proposed critical habitat
unit was occupied at the time of listing, is currently occupied, and
contains all of the PCEs (PCEs 1, 2, and 3) in the appropriate quantity
and spatial arrangement essential for the conservation of the
subspecies. Additionally, this unit contains a likely self-sustaining
population of San Bernardino kangaroo rats that may be important for
the long-term conservation of the subspecies. This unit is
demographically isolated from the core population of the subspecies in
the Lytle/Cajon wash (proposed Unit 2). A stochastic event causing
dramatic population decline or local extinction in proposed Unit 2 may
have little effect on proposed Unit 4. In such a case, the population
in proposed Unit 4 could serve as a source of individuals for
repopulating proposed Unit 2. The physical and biological features
contained within this unit may require special management
considerations or protection to minimize impacts associated with flood
control operations, water conservation projects, sand and gravel
mining, and urban development.
Unit 5: Bautista Creek
Unit 5 consists of approximately 443 ac (180 ha) and is located in
Riverside County. This unit includes known occupied habitat from the
unchannelized reach of Bautista Creek (i.e., from the existing instream
mining
[[Page 20589]]
operation to upstream areas where the grade of the creek precludes the
formation of alluvial terraces or braids). This unit represents the
southernmost extent of the San Bernardino kangaroo rat's current range.
The wash system in upper Bautista Creek still retains fluvial dynamics
because it is not impeded by a dam, debris basin, or concrete
channelization. This proposed critical habitat unit was occupied at the
time of listing, is currently occupied, and contains all of the PCEs
(PCEs 1, 2, and 3) in the appropriate quantity and spatial arrangement
essential for the conservation of the species. This unit contains
agricultural areas that could be occupied at low densities by this
subspecies (PCE 3). Additionally, this unit contains a likely self-
sustaining population of San Bernardino kangaroo rats that may be
important for the long-term conservation of the subspecies. This unit
is demographically isolated from the core population of the subspecies
in the San Jacinto Wash (proposed Unit 3). Given the current status of
the San Bernardino kangaroo rat and degradation in areas currently
designated as critical habitat that we are not proposing as revised
critical habitat, it is important for the conservation of the San
Bernardino kangaroo rat that natural fluvial processes in occupied
habitat are maintained. A stochastic event could cause a dramatic
population decline or local extinction in either proposed Unit 3 or
Unit 5. In such a case, through relocation for the purposes of
recovery, the population in proposed Unit 5 could serve as a source of
individuals for repopulating proposed Unit 3, and vice versa. The
physical and biological features contained within this unit may require
special management considerations or protection to minimize impacts
associated with agricultural activities, sand and gravel mining, and
urban development.
Required Determinations--Amended
In our June 19, 2007, proposed rule (72 FR 33808), we indicated
that we would defer our determination of compliance with several
statutes and Executive Orders until the information concerning
potential economic impacts of the designation and potential effects on
landowners and stakeholders became available in the DEA. We have now
made use of the DEA to make these determinations. In this document, we
affirm the information in our proposed rule concerning Executive Order
(E.O.) 13132, E.O. 12988, the Paperwork Reduction Act, and the
President's memorandum of April 29, 1994, ``Government-to-Government
Relations with Native American Tribal Governments'' (59 FR 22951).
However, based on the DEA data, we revise our required determinations
concerning E.O. 12866 and the Regulatory Flexibility Act, E.O. 13211
(Energy, Supply, Distribution, and Use), the Unfunded Mandates Reform
Act, and E.O. 12630 (Takings).
Regulatory Planning and Review (E.O. 12866)
The Office of Management and Budget (OMB) has determined that this
proposed rule is not significant and has not reviewed this proposed
rule under Executive Order 12866 (E.O. 12866). OMB bases its
determination upon the following four criteria:
(a) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(b) Whether the rule will create inconsistencies with other Federal
agencies' actions.
(c) Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
(d) Whether the rule raises novel legal or policy issues.
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 (5
U.S.C. 802(2)), 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 effect of the rule on small entities (i.e., small
businesses, small organizations, and small government jurisdictions).
However, no regulatory flexibility analysis is required if the head of
an agency certifies the rule will not have a significant economic
impact on a substantial number of small entities. SBREFA amended 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. In our proposed rule,
we withheld our determination of whether this designation would result
in a significant effect as defined under SBREFA until we completed our
DEA of the proposed designation so that we would have the factual basis
for our determination.
According to the Small Business Administration, small entities
include small organizations, such as independent nonprofit
organizations; small governmental jurisdictions, including school
boards and city and town governments that serve fewer than 50,000
residents; and small businesses (13 CFR 121.201). Small businesses
include manufacturing and mining concerns with fewer than 500
employees, wholesale trade entities with fewer than 100 employees,
retail and service businesses with less than $5 million in annual
sales, general and heavy construction businesses with less than $27.5
million in annual business, special trade contractors doing less than
$11.5 million in annual business, and agricultural businesses with
annual sales less than $750,000. To determine if potential economic
impacts to these small entities are significant, we considered the
types of activities that might trigger regulatory impacts under this
designation as well as types of project modifications that may result.
In general, the term significant economic impact is meant to apply to a
typical small business firm's business operations.
To determine if the proposed revision of critical habitat for the
San Bernardino kangaroo rat would affect a substantial number of small
entities, we consider the number of small entities affected within
particular types of economic activities, such as residential and
commercial development. We apply the ``substantial number'' test
individually to each industry to determine if certification is
appropriate. However, the SBREFA does not explicitly define
``substantial number'' or ``significant economic impact.''
Consequently, to assess whether a ``substantial number'' of small
entities is affected by this designation, this analysis considers the
relative number of small entities likely to be impacted in an area. In
some circumstances, especially with critical habitat designations of
limited extent, we may aggregate across all industries and consider
whether the total number of small entities affected is substantial. In
estimating the numbers of small entities potentially affected, we also
consider whether their activities have any Federal involvement.
Designation of critical habitat only affects activities conducted,
funded, permitted, or authorized by Federal agencies. Some kinds of
activities are unlikely to have any Federal involvement and so will not
be affected by critical habitat designation. In areas where the species
is present, Federal agencies already are required to consult with us
under section 7 of the Act on activities they fund, permit, or
implement that may affect the San
[[Page 20590]]
Bernardino kangaroo rat. Federal agencies also must consult with us if
their activities may affect critical habitat. Designation of critical
habitat, therefore, could result in an additional economic impact on
small entities due to the requirement to reinitiate consultation for
ongoing Federal activities.
In the DEA of the proposed revision to critical habitat, we
evaluated the potential economic effects on small business entities
resulting from implementation of conservation actions related to the
proposed revision to critical habitat for the San Bernardino kangaroo
rat. The DEA is based on the estimated incremental impacts associated
with the proposed rulemaking as described in section 3 of the DEA. The
DEA evaluates the potential for economic impacts related to activity
categories including water conservation, flood control, and
development. Impacts of conservation activities are not anticipated to
affect small entities in the following categories: fire management on
Federal lands; invasive, nonnative plant species management on Federal
lands; recreation management on Federal lands; and surveying,
monitoring, and other activities on Federal lands. Land managers that
may be impacted by the proposed rule include the BLM, the San
Bernardino County Flood Control District (SBCFCD), and private
landowners. Of the entities that are likely to bear incremental
impacts, there are no entities identified as small businesses, small
organizations, or small government jurisdictions. The Federal agency,
BLM, and the special district, SBCFCD, do not meet the criteria for a
small business. Individual private landowners in the areas proposed as
revised San Bernardino kangaroo rat critical habitat are not considered
small businesses. Please refer to the DEA (Appendix C) of the proposed
revision to critical habitat for a more detailed discussion of
potential economic impacts.
In summary, we have considered whether this proposed rule to revise
critical habitat would result in a significant economic effect on a
substantial number of small entities. For the above reasons and based
on currently available information, we certify that the revised
designation of critical habitat for the San Bernardino kangaroo rat
will not have a significant economic impact on a substantial number of
small entities. Therefore, a regulatory flexibility analysis is not
required.
Executive Order 13211--Energy Supply, Distribution, and Use
On May 18, 2001, the President issued E.O. 13211 on regulations
that significantly affect energy supply, distribution, and use. E.O.
13211 requires agencies to prepare Statements of Energy Effects when
undertaking certain actions. This proposed revision to critical habitat
for the San Bernardino kangaroo rat is not considered a significant
regulatory action under E.O. 12866. OMB has provided guidance for
implementing this Executive Order that outlines nine outcomes that may
constitute ``a significant adverse effect'' when compared without the
regulatory action under consideration. The DEA finds that none of these
criteria are relevant to this analysis. Thus, based on information in
the DEA (Appendix C), energy-related impacts associated with San
Bernardino kangaroo rat conservation activities within the areas
included in the proposed revision to critical habitat are not expected.
As such, the proposed revision to critical habitat is not expected to
significantly affect energy supplies, distribution, or use, and a
Statement of Energy Effects is not required.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act (2 U.S.C.
1501), the Service makes the following findings:
(a) This rule would 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; Aid to
Families with Dependent Children 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 section 7 of the Act, the only regulatory effect is that Federal
agencies must ensure that their actions do not destroy or adversely
modify critical habitat. Non-Federal entities that receive Federal
funding, assistance, permits, or otherwise require approval or
authorization from a Federal agency for an action may be indirectly
impacted by the designation of critical habitat. However, 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 would significantly or
uniquely affect small governments because it would not produce a
Federal mandate of $100 million or greater in any year; that is, it is
not a ``significant regulatory action'' under the Unfunded Mandates
Reform Act. As discussed in the DEA, anticipated future impacts in
areas proposed for final designation as critical habitat will be borne
by the Federal Government and SBCFCD; in areas proposed for exclusion
from the final designation, the total anticipated future impacts are
not attributable to the designation of critical habitat. By definition,
Federal agencies are not considered small entities, although the
activities they fund or permit may be proposed or carried out by small
entities. The SBCFCD is also not considered to a small entity because
it services a population exceeding the criteria for a ``small entity.''
As such, a Small Government Agency Plan is not required.
[[Page 20591]]
Executive Order 12630--Takings
In accordance with E.O. 12630 (``Government Actions and
Interference with Constitutionally Protected Private Property
Rights''), we have analyzed the potential takings implications of
proposing revised critical habitat for the San Bernardino kangaroo rat
in a takings implications assessment. The takings implications
assessment concludes that this proposed revision to critical habitat
for the San Bernardino kangaroo rat does not pose significant takings
implications.
References Cited
A complete list of all references cited in this rulemaking is
available on the Internet at http://www.regulations.gov or by
contacting the Field Supervisor, Carlsbad Fish and Wildlife Office (see
FOR FURTHER INFORMATION CONTACT section).
Authors
The primary authors of this rulemaking are the staff of the
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 further amend part 17, subchapter B of
chapter I, title 50 of the Code of Federal Regulations, as proposed to
be amended at 72 FR 33808, June 19, 2007, as follows:
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. Critical habitat for the San Bernardino kangaroo rat (Dipodomys
merriami parvus) in Sec. 17.95(a), which was proposed to be revised on
June 19, 2007, at 72 FR 33808, is proposed to be amended by:
a. Revising the introductory text of paragraph (5) and Map 1;
b. Retaining the proposed introductory text of paragraph (6);
c. Revising paragraph (6)(i), the introductory text of paragraph
(6)(ii), and Map 2;
d. Adding paragraphs (9), (9)(i), (9)(ii), and Map 5; and
e. Adding paragraphs (10), (10)(i), (10)(ii), and Map 6, to read as
follows:
Sec. 17.95 Critical habitat--fish and wildlife.
(a) Mammals.
* * * * *
San Bernardino Kangaroo Rat (Dipodomys merriami parvus)
* * * * *
(5) Note: Index map of critical habitat units for the San
Bernardino kangaroo rat follows:
BILLING CODE 4310-55-P
[[Page 20592]]
[GRAPHIC] [TIFF OMITTED] TP16AP08.000
BILLING CODE 4310-55-C
(6) Unit 1: Santa Ana River Wash, San Bernardino County,
California. From USGS 1:24,000 quadrangles San Bernardino North and
Devore.
(i) Land bounded by the following Universal Transverse Mercator
(UTM) North American Datum of 1927 (NAD27) coordinates (E, N): 482590,
3777012; 482552, 3776943; 482558, 3776715; 482692, 3776286; 482707,
3776201; 482717, 3775426; 482568, 3775426; 482435, 3775170; 482428,
3774953; 482444, 3774750; 482466, 3774716; 482231, 3774477; 482161,
3774375; 481828, 3773959; 481701, 3773548; 481670, 3773552; 481632,
3773557; 481544, 3773563; 481307, 3773467; 481190, 3773483; 481147,
3773505; 481135, 3773507; 481097, 3773509; 481019, 3773481; 480850,
3773325; 480850, 3773289; 480835, 3773289; 480834, 3772979; 480834,
3772974; 480837, 3772974; 480837, 3772904; 481087, 3772866; 481311,
3772937; 481467, 3772911; 481609, 3772957; 481612, 3772958; 481659,
3772966; 481687, 3772961; 481648, 3772551; 481660, 3772547; 481827,
3772547; 482106, 3772547; 482223, 3772495; 482278, 3772489; 482335,
3772483; 482363, 3772483; 482446, 3772484; 482448, 3772484; 482448,
3772482; 482492, 3772485; 482495, 3772486; 482498, 3772486; 482511,
3772489; 482541, 3772494; 482546, 3772497; 482552, 3772499; 482567,
3772509; 482587, 3772519; 482608, 3772536; 482613, 3772539; 482644,
3772563; 482698, 3772609; 482754, 3772665; 482775, 3772683; 482788,
3772698; 482815, 3772725; 482846, 3772767; 482862, 3772784; 482876,
3772777; 482894, 3772767; 482925, 3772752; 482946, 3772739; 482958,
3772730; 482985, 3772705; 482993,
[[Page 20593]]
3772695; 483015, 3772663; 483035, 3772628; 483037, 3772625; 483040,
3772621; 483067, 3772578; 483083, 3772563; 483094, 3772552; 483097,
3772550; 483098, 3772549; 483125, 3772532; 483133, 3772527; 483156,
3772520; 483172, 3772514; 483184, 3772512; 483185, 3772511; 483202,
3772508; 483255, 3772513; 483265, 3772514; 483292, 3772514; 484048,
3772536; 484062, 3772536; 484058, 3772150; 484052, 3771841; 484100,
3771844; 484101, 3771827; 484278, 3771815; 484337, 3771896; 484862,
3771943; 484861, 3772142; 484857, 3772538; 485653, 3772529; 485653,
3772539; 485647, 3772793; 485647, 3772821; 485644, 3772926; 486049,
3772935; 486455, 3772944; 487040, 3772956; 487329, 3772655; 487916,
3772655; 488068, 3772614; 488207, 3772623; 488355, 3772642; 488515,
3772698; 488645, 3772622; 489184, 3772616; 489762, 3772965; 489816,
3773035; 490029, 3773124; 490134, 3773086; 490315, 3773184; 490317,
3773081; 490336, 3773063; 490335, 3773059; 490335, 3773051; 490334,
3773045; 490333, 3773039; 490330, 3773028; 490329, 3773021; 490328,
3773018; 490326, 3773012; 490325, 3773009; 490322, 3773002; 490318,
3772992; 490315, 3772985; 490312, 3772979; 490307, 3772971; 490304,
3772965; 490283, 3772933; 490252, 3772885; 490218, 3772832; 490214,
3772835; 490133, 3772709; 489991, 3772491; 489984, 3772480; 489722,
3772106; 489717, 3772099; 489708, 3772085; 489638, 3771986; 489625,
3771971; 489620, 3771960; 489615, 3771947; 489611, 3771936; 489607,
3771910; 489607, 3771896; 489594, 3771898; 489564, 3771905; 489527,
3771843; 489313, 3771534; 489275, 3771570; 489235, 3771603; 489180,
3771642; 489136, 3771675; 489120, 3771686; 489069, 3771718; 489021,
3771747; 489001, 3771760; 488976, 3771773; 488949, 3771791; 488892,
3771818; 488820, 3771850; 488771, 3771871; 488742, 3771884; 488715,
3771894; 488677, 3771911; 488602, 3771931; 488521, 3771952; 488433,
3771975; 488400, 3771976; 488274, 3771976; 488253, 3771979; 488223,
3771990; 488208, 3771995; 488189, 3772000; 488137, 3772005; 488063,
3772004; 488001, 3772002; 487934, 3771995; 487878, 3771990; 487818,
3771981; 487777, 3771971; 487768, 3771969; 487731, 3771959; 487683,
3771947; 487658, 3771939; 487623, 3771932; 487572, 3771917; 487529,
3771908; 487504, 3771901; 487472, 3771892; 487452, 3771889; 487438,
3771886; 487423, 3771885; 487399, 3771882; 487402, 3771867; 487403,
3771827; 487516, 3771318; 487268, 3771322; 487289, 3771375; 487260,
3771394; 487260, 3771428; 485895, 3771419; 485670, 3771343; 485670,
3771346; 485568, 3771349; 485492, 3771305; 485362, 3771216; 485327,
3771254; 485241, 3771209; 485212, 3771219; 484946, 3771219; 484822,
3771289; 484704, 3771317; 484492, 3771314; 484432, 3771277; 484311,
3771273; 484149, 3771336; 484101, 3771336; 483952, 3771292; 483790,
3771289; 483663, 3771314; 483460, 3771384; 483454, 3771379; 483432,
3771436; 483352, 3771449; 483289, 3771473; 483239, 3771476; 483239,
3771477; 483160, 3771512; 483060, 3771564; 483079, 3771676; 482736,
3771752; 482723, 3771717; 482555, 3771806; 482434, 3771863; 482384,
3771863; 482374, 3771914; 482234, 3771920; 482207, 3771948; 482206,
3772009; 482142, 3772009; 482050, 3772111; 481599, 3772114; 481595,
3772230; 481375, 3772233; 480949, 3772223; 480843, 3772211; 480837,
3772210; 480517, 3772166; 480517, 3772168; 480250, 3772165; 480228,
3772163; 479914, 3772133; 479637, 3772089; 479282, 3772025; 479231,
3771987; 479221, 3771808; 479056, 3771752; 478859, 3771749; 478793,
3771708; 478602, 3771616; 478367, 3771619; 478285, 3771568; 477843,
3771295; 477777, 3771241; 477688, 3771216; 477605, 3771187; 477389,
3771123; 477250, 3771069; 477250, 3771015; 477189, 3771015; 477094,
3770968; 476993, 3770914; 476869, 3770885; 476735, 3770847; 476583,
3770933; 476488, 3770955; 476459, 3770892; 476354, 3770876; 476192,
3770714; 476126, 3770634; 476128, 3770748; 476137, 3770822; 476142,
3770933; 476142, 3771059; 476147, 3771181; 476212, 3771208; 476295,
3771232; 476384, 3771254; 476356, 3771382; 476865, 3771484; 476869,
3771692; 477113, 3771692; 477062, 3771508; 477602, 3771504; 477609,
3771666; 477742, 3771758; 477777, 3771797; 478307, 3772085; 478291,
3772155; 478320, 3772203; 478329, 3772204; 478450, 3772209; 478453,
3772209; 478534, 3772198; 478569, 3772222; 478562, 3772235; 478404,
3772509; 480020, 3773080; 480219, 3773150; 480219, 3773238; 480020,
3773167; 479937, 3773138; 479890, 3773270; 479889, 3773324; 479889,
3773386; 480019, 3773382; 480081, 3773379; 480083, 3773384; 480085,
3773390; 480479, 3773529; 480480, 3773597; 480580, 3773637; 480642,
3773662; 480790, 3773660; 480790, 3773566; 480790, 3773521; 480809,
3773521; 480809, 3773437; 480809, 3773390; 480811, 3773392; 481009,
3773571; 481628, 3774302; 481626, 3774304; 481726, 3774429; 481707,
3774543; 481803, 3774556; 482047, 3774997; 482076, 3775099; 482079,
3775324; 482168, 3775331; 482228, 3775531; 482438, 3776058; 482447,
3776499; 482422, 3776705; 482376, 3776863; 482513, 3777012; thence
returning to 482590, 3777012; and land bounded by 484746, 3773730;
484758, 3773732; 485161, 3773709; 485628, 3773706; 485635, 3773343;
484859, 3773338; 484063, 3773343; 484062, 3773734; thence returning to
484746, 3773730; continuing to and including land bounded by 485208,
3773852; 485210, 3773855; 485299, 3773884; 485362, 3773890; 485400,
3773910; 485444, 3773936; 485511, 3773938; 485568, 3773938; 485620,
3773944; 485681, 3773956; 485755, 3773962; 485782, 3773980; 485790,
3773999; 485842, 3774007; 485870, 3774007; 485909, 3774029; 485951,
3774047; 485994, 3774075; 486082, 3774087; 486121, 3774087; 486187,
3774087; 486244, 3774087; 486260, 3774051; 486238, 3773986; 486197,
3773952; 486137, 3773884; 486052, 3773833; 485965, 3773773; 485923,
3773714; 485882, 3773672; 485842, 3773623; 485804, 3773563; 485733,
3773484; 485633, 3773429; 485632, 3773504; 485628, 3773706; 485174,
3773709; 485165, 3773709; 485161, 3773709; 484768, 3773731; 484778,
3773738; 484805, 3773746; 484843, 3773748; 484887, 3773769; 484904,
3773781; 484944, 3773785; 484994, 3773791; 485041, 3773823; 485093,
3773829; 485148, 3773835; thence returning to 485208, 3773852;
continuing to and including land bounded by 484062, 3773714; 484062,
3773702; 484063, 3773343; 484708, 3773339; 484540, 3773324; 484464,
3773302; 484415, 3773260; 484353, 3773238; 484294, 3773226; 484215,
3773174; 484048, 3773088; 484043, 3773088; 484042, 3772954; 483245,
3772952; 483235, 3772511; 483202, 3772508; 483185, 3772511; 483184,
3772512; 483172, 3772514; 483156, 3772520; 483133, 3772527; 483125,
3772532; 483098, 3772549; 483097, 3772550; 483094, 3772552; 483083,
3772563; 483067, 3772578; 483040, 3772621; 483037, 3772625; 483035,
3772628; 483015, 3772663; 482993, 3772695; 482985, 3772705; 482958,
3772730; 482946, 3772739; 482925, 3772752; 482894, 3772767; 482876,
3772777; 482862, 3772784; 482861, 3772790; 482876, 3772815; 482800,
3772852; 482905, 3773086; 482989, 3773251; 483038, 3773317; 483095,
3773356; 483198, 3773384; 483262, 3773384; 483341, 3773384; 483405,
3773388; 483516,
[[Page 20594]]
3773406; 483634, 3773406; 483660, 3773430; 483709, 3773491; 483762,
3773545; 483819, 3773588; 483889, 3773615; 483913, 3773645; 483923,
3773665; 483973, 3773675; 484020, 3773699; 484050, 3773712; thence
returning to 484062, 3773714; continuing to and including land bounded
by 489564, 3771905; 489571, 3771888; 489632, 3771749; 489686, 3771495;
489819, 3771419; 489857, 3771340; 490219, 3771117; 490331, 3771079;
490442, 3770990; 490648, 3770905; 490661, 3770847; 490908, 3770813;
491010, 3770670; 491029, 3770546; 491112, 3770517; 491112, 3770518;
491139, 3770518; 491177, 3770507; 491222, 3770497; 491254, 3770509;
491282, 3770508; 491330, 3770489; 491372, 3770468; 491460, 3770474;
491519, 3770478; 491556, 3770475; 491594, 3770493; 491617, 3770488;
491629, 3770493; 491697, 3770504; 491732, 3770507; 491750, 3770507;
491766, 3770512; 491786, 3770507; 491813, 3770492; 491840, 3770490;
491875, 3770491; 491907, 3770487; 491930, 3770479; 491957, 3770486;
491983, 3770488; 492046, 3770483; 492069, 3770475; 492124, 3770467;
492169, 3770464; 492187, 3770468; 492201, 3770466; 492229, 3770452;
492254, 3770436; 492315, 3770430; 492367, 3770436; 492420, 3770437;
492457, 3770439; 492488, 3770439; 492510, 3770434; 492534, 3770417;
492564, 3770418; 492583, 3770426; 492607, 3770433; 492636, 3770427;
492665, 3770425; 492688, 3770426; 492711, 3770450; 492744, 3770477;
492768, 3770494; 492808, 3770512; 492868, 3770519; 492918, 3770515;
492947, 3770514; 492973, 3770514; 493021, 3770526; 493088, 3770525;
493150, 3770532; 493189, 3770529; 493249, 3770514; 493290, 3770510;
493329, 3770509; 493352, 3770494; 493366, 3770488; 493392, 3770483;
493432, 3770483; 493468, 3770495; 493499, 3770523; 493527, 3770523;
493557, 3770522; 493609, 3770547; 493647, 3770567; 493683, 3770588;
493683, 3770602; 493701, 3770610; 493730, 3770602; 493752, 3770616;
493787, 3770631; 493802, 3770653; 493833, 3770694; 493870, 3770706;
493894, 3770736; 493918, 3770768; 493950, 3770780; 493976, 3770818;
494000, 3770833; 494025, 3770824; 494069, 3770807; 494103, 3770807;
494138, 3770821; 494172, 3770840; 494192, 3770872; 494214, 3770889;
494235, 3770921; 494261, 3770949; 494278, 3770952; 494301, 3770971;
494610, 3770971; 494613, 3770968; 494965, 3770971; 494909, 3770918;
494881, 3770882; 494843, 3770863; 494789, 3770862; 494756, 3770849;
494741, 3770826; 494705, 3770811; 494664, 3770727; 494625, 3770682;
494603, 3770652; 494554, 3770595; 494530, 3770559; 494507, 3770514;
494489, 3770492; 494455, 3770462; 494442, 3770430; 494401, 3770425;
494266, 3770425; 494160, 3770413; 494068, 3770404; 493971, 3770384;
493880, 3770354; 493839, 3770346; 493809, 3770331; 493759, 3770309;
493729, 3770284; 493703, 3770275; 493679, 3770280; 493649, 3770284;
493625, 3770275; 493603, 3770267; 493582, 3770268; 493566, 3770273;
493554, 3770273; 493537, 3770268; 493416, 3770246; 493314, 3770229;
493238, 3770222; 493177, 3770217; 493140, 3770215; 493146, 3770210;
493162, 3770201; 493162, 3770193; 493148, 3770196; 493134, 3770201;
493117, 3770202; 493115, 3770203; 493072, 3770226; 493003, 3770241;
492895, 3770263; 492744, 3770283; 492410, 3770305; 492112, 3770328;
491978, 3770336; 491874, 3770340; 491776, 3770335; 491513, 3770328;
491276, 3770333; 490933, 3770341; 490871, 3770327; 490434, 3770594;
490129, 3770859; 489704, 3771212; 489327, 3771540; 489313, 3771534;
489527, 3771843; thence returning to 489564, 3771905.
(ii) Note: Map of Unit 1--Santa Ana River Wash follows:
BILLING CODE 4310-55-P
[[Page 20595]]
[GRAPHIC] [TIFF OMITTED] TP16AP08.001
BILLING CODE 4310-55-C
(9) Unit 4: Cable Creek Wash, San Bernardino County, California.
From USGS 1:24,000 quadrangles San Bernardino North and Devore.
(i) Land bounded by the following Universal Transverse Mercator
(UTM) North American Datum of 1927 (NAD27) coordinates (E, N): 463568,
3787386; 463824, 3787384; 463795, 3787337; 463726, 3787340; 463697,
3787333; 463683, 3787308; 463680, 3787241; 463699, 3787117; 463708,
3787053; 463689, 3787019; 463683, 3786998; 463684, 3786958; 463694,
3786922; 463684, 3786907; 463675, 3786895; 463707, 3786860; 463745,
3786832; 463788, 3786802; 463836, 3786736; 463867, 3786684; 463873,
3786642; 463874, 3786624; 463864, 3786583; 463876, 3786558; 463940,
3786501; 463991, 3786456; 463997, 3786442; 463895, 3786414; 464021,
3786300; 464108, 3786350; 464019, 3786438; 464058, 3786486; 464106,
3786549; 464152, 3786592; 464248, 3786695; 464286, 3786693; 464298,
3786637; 464381, 3786604; 464488, 3786695; 464541, 3786810; 464438,
3786856; 464541, 3786984; 464566, 3786984; 464673, 3786984; 464677,
3786939; 464644, 3786911; 464624, 3786894; 464612, 3786871; 464596,
3786854; 464591, 3786819; 464572, 3786785; 464557, 3786745; 464532,
3786692; 464468, 3786573; 464403, 3786489; 464354, 3786370; 464334,
3786249; 464329, 3786199; 464343, 3786123; 464358, 3786082; 464387,
3786052; 464473, 3785992; 464536, 3785965; 464570, 3785941; 464613,
3785902; 464671, 3785874; 464726, 3785856; 464759, 3785868; 464806,
3785847; 464841, 3785880; 464852, 3785918; 464872, 3785940; 464892,
[[Page 20596]]
3785940; 464915, 3785929; 464927, 3785886; 464946, 3785847; 464946,
3785799; 464946, 3785725; 464958, 3785709; 464985, 3785703; 465003,
3785697; 465021, 3785703; 465035, 3785727; 465059, 3785725; 465081,
3785700; 465095, 3785674; 465098, 3785646; 465103, 3785614; 465133,
3785597; 465154, 3785596; 465171, 3785604; 465194, 3785626; 465215,
3785637; 465244, 3785636; 465262, 3785608; 465257, 3785573; 465240,
3785539; 465235, 3785518; 465244, 3785497; 465275, 3785497; 465300,
3785501; 465332, 3785450; 465383, 3785377; 465447, 3785287; 465492,
3785257; 465525, 3785213; 465556, 3785191; 465591, 3785175; 465596,
3785079; 465599, 3785050; 465632, 3785005; 465684, 3784919; 465718,
3784850; 465744, 3784801; 465811, 3784763; 465923, 3784704; 465926,
3784701; 465964, 3784682; 465958, 3784656; 465956, 3784613; 465966,
3784581; 465971, 3784543; 465967, 3784507; 465960, 3784473; 465951,
3784454; 465951, 3784420; 465957, 3784376; 465906, 3784279; 465881,
3784300; 465873, 3784285; 465865, 3784313; 465849, 3784326; 465796,
3784348; 465777, 3784359; 465767, 3784381; 465733, 3784392; 465697,
3784418; 465694, 3784438; 465661, 3784473; 465593, 3784340; 464554,
3785326; 463276, 3786555; 463379, 3786858; 463411, 3786817; 463476,
3786778; 463513, 3786786; 463527, 3786826; 463535, 3786893; 463563,
3786895; 463560, 3786919; 463555, 3786944; 463547, 3786971; 463548,
3786994; 463539, 3787020; 463518, 3787042; 463497, 3787063; 463489,
3787082; 463489, 3787103; 463488, 3787125; 463479, 3787144; 463479,
3787166; 463492, 3787191; 463513, 3787219; 463534, 3787239; 463552,
3787269; 463566, 3787313; 463568, 3787347; thence returning to 463568,
3787386.
Note: Map of Unit 4--Cable Creek Wash follows:
[[Page 20597]]
[GRAPHIC] [TIFF OMITTED] TP16AP08.002
BILLING CODE 4310-55-C
(10) Unit 5: Bautista Creek, Riverside County, California. From
USGS 1:24,000 quadrangles San Jacinto, Lake Fulmor, and Blackburn
Canyon.
(i) Land bounded by the following Universal Transverse Mercator
(UTM) North American Datum of 1927 (NAD27) coordinates (E, N): 512399,
3729457; 512445, 3729531; 512490, 3729591; 512548, 3729672; 512629,
3729768; 512689, 3729841; 512729, 3729881; 512768, 3729895; 512788,
3729884; 512978, 3729767; 513280, 3729497; 513714, 3729078; 513781,
3729056; 513858, 3728976; 513962, 3728935; 513972, 3728802; 514159,
3728535; 514175, 3728297; 514331, 3727986; 514330, 3727985; 514312,
3727966; 514301, 3727955; 514280, 3727944; 514268, 3727921; 514269,
3727892; 514256, 3727867; 514240, 3727844; 514248, 3727786; 514261,
3727723; 514269, 3727677; 514281, 3727598; 514301, 3727539; 514319,
3727505; 514349, 3727486; 514370, 3727482; 514403, 3727479; 514445,
3727482; 514482, 3727484; 514508, 3727484; 514550, 3727473; 514582,
3727459; 514602, 3727441; 514621, 3727408; 514633, 3727361; 514637,
3727327; 514647, 3727299; 514659, 3727264; 514674, 3727204; 514684,
3727122; 514693, 3727042; 514710, 3726976; 514720, 3726953; 514739,
3726937; 514767, 3726915; 514815, 3726893; 514867, 3726851; 514896,
3726818; 514914, 3726776; 514914, 3726742; 514908, 3726698; 514908,
3726671; 514918, 3726646; 514940, 3726626; 514956, 3726569; 514976,
3726509; 514999, 3726460; 515034, 3726400; 515057, 3726377; 515097,
3726352; 515145, 3726331; 515166, 3726319; 515198, 3726299; 515241,
[[Page 20598]]
3726270; 515264, 3726255; 515304, 3726234; 515343, 3726205; 515378,
3726205; 515380, 3726195; 515359, 3726161; 515347, 3726129; 515347,
3726084; 515359, 3726030; 515359, 3725994; 515359, 3725953; 515371,
3725919; 515396, 3725858; 515424, 3725804; 515475, 3725737; 515551,
3725645; 515589, 3725564; 515616, 3725500; 515645, 3725441; 515681,
3725399; 515694, 3725301; 515697, 3725210; 515704, 3725105; 515711,
3725071; 515756, 3725008; 515804, 3724921; 515874, 3724772; 515902,
3724744; 515921, 3724732; 515962, 3724729; 515991, 3724727; 516002,
3724718; 516032, 3724691; 516059, 3724666; 516071, 3724642; 516082,
3724592; 516100, 3724540; 516113, 3724505; 516131, 3724470; 516159,
3724452; 516183, 3724441; 516219, 3724434; 516249, 3724429; 516287,
3724432; 516317, 3724427; 516350, 3724391; 516387, 3724357; 516432,
3724334; 516470, 3724333; 516507, 3724336; 516516, 3724340; 516490,
3724315; 516464, 3724252; 516407, 3724233; 516226, 3724319; 516147,
3724300; 516039, 3724350; 516042, 3724388; 515829, 3724617; 515626,
3724804; 515528, 3724893; 515540, 3724979; 515566, 3725014; 515563,
3725176; 515585, 3725258; 515569, 3725376; 515512, 3725522; 515423,
3725563; 515445, 3725658; 515359, 3725770; 515318, 3725843; 515255,
3725935; 515251, 3726068; 515242, 3726128; 515191, 3726198; 515102,
3726243; 515020, 3726303; 514956, 3726382; 514880, 3726509; 514832,
3726606; 514835, 3726738; 514651, 3726852; 514616, 3727011; 514559,
3727173; 514486, 3727338; 514484, 3727338; 514474, 3727357; 514419,
3727369; 514310, 3727440; 514239, 3727537; 514197, 3727591; 514140,
3727666; 514062, 3727731; 513975, 3727818; 513957, 3727874; 513947,
3727967; 513917, 3728004; 513915, 3728014; 513848, 3728129; 513785,
3728278; 513686, 3728341; 513626, 3728421; 513610, 3728506; 513416,
3728735; 513321, 3728770; 513302, 3728814; 513213, 3728856; 513156,
3728907; 513016, 3728992; 512940, 3729056; 512908, 3729119; 512793,
3729145; 512749, 3729186; 512638, 3729234; 512603, 3729313; 512502,
3729322; thence returning to 512399, 3729457.
Note: Map of Unit 5--Bautista Creek follows:
BILLING CODE 4310-55-P
[[Page 20599]]
[GRAPHIC] [TIFF OMITTED] TP16AP08.003
* * * * *
Dated: March 21, 2008.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E8-6874 Filed 4-15-08; 8:45 am]
BILLING CODE 4310-55-C