[Federal Register Volume 76, Number 202 (Wednesday, October 19, 2011)]
[Proposed Rules]
[Pages 64996-65060]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26301]
[[Page 64995]]
Vol. 76
Wednesday,
No. 202
October 19, 2011
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 Revised
Critical Habitat for the Tidewater Goby; Proposed Rule
Federal Register / Vol. 76 , No. 202 / Wednesday, October 19, 2011 /
Proposed Rules
[[Page 64996]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2011-0085; MO 92210-0-0009]
RIN 1018-AX39
Endangered and Threatened Wildlife and Plants; Designation of
Revised Critical Habitat for the Tidewater Goby
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
revise critical habitat for the tidewater goby (Eucyclogobius
newberryi) under the Endangered Species Act of 1973, as amended (Act).
In total, approximately 12,157 acres (4,920 hectares) are being
proposed for designation as critical habitat. The proposed revised
critical habitat is located in Del Norte, Humboldt, Mendocino, Sonoma,
Marin, San Mateo, Santa Cruz, Monterey, San Luis Obispo, Santa Barbara,
Ventura, Los Angeles, Orange, and San Diego Counties, California.
DATES: We will accept comments received or postmarked on or before
December 19, 2011. We must receive requests for public hearings, in
writing, at one of the addresses shown in the FOR FURTHER INFORMATION
CONTACT section by December 5, 2011.
ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Enter Keyword or ID box, enter Docket No.
FWS-R8-ES-2011-0085, which is the docket number for this rulemaking.
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R8-ES-2011-0085; Division of Policy and
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax
Drive, MS 2042-PDM; Arlington, VA 22203.
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: For general information, and
information about the proposed designation in Santa Cruz, Monterey, San
Luis Obispo, Santa Barbara, Ventura, and Los Angeles Counties, contact
Diane K. Noda, Field Supervisor, U.S. Fish and Wildlife Service,
Ventura Fish and Wildlife Office, 2493 Portola Road, Suite B, Ventura,
CA 93003; telephone 805-644-1766; facsimile 805-644-3958.
For information about the proposed designation in Del Norte,
Humboldt, and Mendocino Counties, contact Nancy Finley, Field
Supervisor, Arcata Fish and Wildlife Office, 1655 Heindon Road, Arcata,
CA 95521 (telephone 707-822-7201; facsimile 707-822-8411).
For information about the proposed designation in Sonoma, Marin,
and San Mateo Counties, contact Susan Moore, Field Supervisor,
Sacramento Fish and Wildlife Office, U.S. Fish and Wildlife Service,
2800 Cottage Way, Suite W-2605, Sacramento, CA 95825 (telephone 916-
414-6600; facsimile 916-414-6712).
For information about the proposed designation in Orange and San
Diego Counties, contact Jim Bartel, Field Supervisor, Carlsbad Fish and
Wildlife Service Office, 6010 Hidden Valley Road, Suite 101, Carlsbad,
CA 92011 (telephone 760-431-9440; facsimile 760-431-5901).
If you use a telecommunications device for the deaf (TDD), call the
Federal Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Public Comments
We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available, and
be as accurate and as effective as possible. Therefore, we request
comments or information from other concerned government agencies, the
scientific community, industry, or any other interested party
concerning this proposed revised rule. We particularly seek comments
concerning:
(1) The reasons why we should or should not designate habitat as
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et
seq.), including whether there are threats to the species from human
activity, the degree of which can be expected to increase due to the
designation, and whether that increase in threat outweighs the benefit
of designation such that the designation of critical habitat may not be
prudent.
(2) Specific information on:
(a) The amount and distribution of tidewater goby habitat;
(b) Which areas that are within the geographical area occupied at
the time of listing (or are currently occupied) contain features
essential to the conservation of the species, should be included in the
designation and why;
(c) Special management considerations or protection that may be
needed for the physical or biological features essential to the
conservation of the species in areas we are proposing, including
managing for the potential effects of climate change; and
(d) What areas outside the geographical area occupied at the time
of listing that should be included in the designation because they are
essential for the conservation of the species and why.
(3) Land use designations and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat.
(4) Information on the projected and reasonably likely impacts of
climate change on the tidewater goby, the features essential to its
conservation and the areas proposed as critical habitat.
(5) Any probable economic, national security, environmental,
cultural, or other relevant impacts of designating any area that may be
included in the final designation; in particular, any impacts on small
entities, and the benefits of including or excluding areas that exhibit
these impacts.
(6) Any information on potential threats to habitat and the
feasibility of reintroduction or introduction of the tidewater goby to:
Walker Creek, Bolinas Lagoon, Pomponio Creek, Waddell Creek, Salinas
River, Arroyo del Cruz, Oso Flaco Lake, Arroyo Sequit, Zuma Creek,
Aliso Creek, or any other areas identified for reintroduction or
introduction in the recovery plan for the tidewater goby (Service
2005), and the reasons why we should or should not designate these or
other unoccupied areas as critical habitat for the tidewater goby.
(7) Specifically with reference to those State Park lands under the
jurisdiction of the California Department of Parks and Recreation
(CDPR) 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.
(8) 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 any information on any operative or draft habitat conservation
plans for the tidewater goby 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 the tidewater goby or its primary
constituent elements.
(9) Any information concerning tribal lands or trust resources that
may be
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impacted by this proposed revision to critical habitat.
(10) Whether our exemption under section 4(a)(3)(B) of the Act of
Department of Defense land at Vandenberg Air Force Base (VAFB) in Santa
Barbara County, and Marine Corps Base (MCB) Camp Pendleton in San Diego
County, is or is not appropriate, and why.
(11) Whether we could improve or modify our approach to designating
critical habitat in any way to provide for greater public participation
and understanding, or to better accommodate public concerns and
comments.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in the ADDRESSES section. We request
that you send comments only by the methods described in the ADDRESSES
section. We will post your entire comment--including your personal
identifying information--on http://www.regulations.gov. You may request
at the top of your document that we withhold personal information such
as your street address, phone number, or email address from public
review; however, we cannot guarantee that we will be able to do so.
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, Ventura Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Background
It is our intent to discuss only those topics directly relevant to
the designation of critical habitat for the tidewater goby in this
proposed rule. This proposed rule incorporates new information on
tidewater goby genetics and distribution that was not available when we
completed our 2008 final critical habitat designation (73 FR 5920;
January 31, 2008). A summary of topics that are relevant to this
proposed critical habitat designation is provided below. For more
information on tidewater goby taxonomy, biology, and ecology, please
refer to: the final listing rule published in the Federal Register on
February 4, 1994 (59 FR 5494); the first and second rules proposing
critical habitat published in the Federal Register on August 3, 1999
(64 FR 42250) and November 28, 2006 (71 FR 68914), respectively; and
the subsequent final critical habitat designations published in the
Federal Register on November 20, 2000 (65 FR 69693) and January 31,
2008 (73 FR 5920). Additionally, more species information can be found
in the Recovery Plan for the Tidewater Goby (Recovery Plan) (Service
2005), and in the Tidewater Goby 5-year review (Service 2007).
Species Description and Genetic/Morphological Characteristics
The tidewater goby is a small, elongate, grey-brown fish rarely
exceeding 2 inches (in) (5 centimeters (cm)) in length. This species
possesses large pectoral fins, with the pelvic or ventral fins joined
to each other beginning below the chest and belly and from below the
gill cover back to just anterior of the anus. Male tidewater goby are
nearly transparent with a mottled brown upper surface. Female tidewater
goby develop darker colors, often black, on the body and dorsal and
anal fins. Tidewater goby are short-lived species; the lifespan of most
individuals appears to be about 1 year (Irwin and Soltz 1984, p. 26;
Swift et al. 1989, p. 4; M. Hellmair, pers. comm. 2010).
Various genetic markers demonstrate that pronounced differences
exist in the genetic structure of the tidewater goby, and that
tidewater goby populations in some locations are genetically distinct.
A study of mitochondrial DNA and cytochrome b (molecular material used
in genetic studies) sequences from tidewater goby that were collected
at 31 locations throughout the species' geographic range has identified
six major phylogeographic units (Dawson et al. 2001, p. 1171). These
six regional units are the basis for the recovery units in the Recovery
Plan (Service 2005), and include the following areas: (1) Tillas Slough
(Smith River) in Del Norte County to Lagoon Creek in Mendocino County
(North Coast (NC) Unit); (2) Salmon Creek in Sonoma County to Bennett's
Slough in Monterey County (Greater Bay (GB) Unit); (3) Arroyo del Oso
to Morro Bay in San Luis Obispo County (Central Coast (CC) Unit); (4)
San Luis Obispo Creek in San Luis Obispo County to Rincon Creek in
Santa Barbara County (Conception (CO) Unit); (5) Ventura River in
Ventura County to Topanga Creek in Los Angeles County (Los Angeles-
Ventura (LV) Unit); and (6) San Pedro Harbor in Los Angeles County to
Los Pe[ntilde]asquitos Lagoon in San Diego County (South Coast (SC)
Unit).
A more recent study to gather genetic distribution data for the
tidewater goby used a panel of novel microsatellite loci (repeating
sequences of DNA) assessed in a first-order (unbound strands of DNA)
survey across its range (Earl et al. 2010, p. 104). More specifically,
Earl et al. (2010, p. 103) described 19 taxon-specific microsatellite
loci, and assessed genetic variation across the tidewater goby's range
relative to genetic subdivision. The study concluded: (1) Populations
of tidewater goby in northern San Diego County form a highly divergent
clade (a genetically related group) with reduced genetic variation that
appears to merit status as a separate species; (2) populations along
the mid-coast of California are subdivided into regional groups, which
are more similar to each other than different, contrary to conclusions
from previous mitochondrial sequence-based studies (Dawson et al. 2001,
p. 1176); and (3) that tidewater goby dispersal during the Pleistocene/
Holocene sea-level rise (approximately 7,000 years ago), followed by
increased isolation during the Holocene, formed a star phylogeny
(recent population formed from a common ancestor) with geographic
separation in the northernmost populations and some local
differentiation (Earl et al. 2010, p. 103). Genetic diversity among
populations within a species may be important to long-term persistence
because it represents the raw material for adapting to differing local
conditions and environmental stochasticity (Frankham 2005, p. 754).
The conclusion that the North Coast populations of the tidewater
goby formed as a result of a single recent episode of colonization of
newly formed habitats is supported by McCraney and Kinziger (2009, p.
30). They compared genetic variation of 13 naturally and artificially
fragmented populations of the tidewater goby in northern California,
including eight Humboldt Bay populations and five coastal lagoon
populations, and reached similar conclusions to Earl et al. (2010, p.
113). McCraney et al. (2010, p. 3325) also concluded that natural and
artificial habitat fragmentation caused marked divergence among the
tidewater goby in the North Coast populations. Their study showed that
Humboldt Bay populations, due to isolation by man-made barriers,
exhibited very high levels of genetic differentiation between
populations, extremely low levels of genetic diversity within
populations, and no migration among populations. They concluded that
this pattern makes the Humboldt Bay populations of tidewater goby
vulnerable to extirpation (McCraney and Kinziger 2009, p. 37). In
contrast, the study found that while coastal lagoon populations also
exhibited very high levels of genetic differentiation between
populations, these populations displayed substantial
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levels of genetic diversity within populations indicating occasional
migration among lagoons (McCraney and Kinziger 2009, p. 32).
Populations in all coastal lagoons, with the exception of Lake Earl in
Del Norte County, appear to be stable and genetically healthy (McCraney
and Kinziger 2009, p. iii). The Lake Earl population exhibited reduced
levels of genetic diversity in comparison to similar coastal lagoon
populations (McCraney and Kinziger 2009, p. 34). The reduced genetic
diversity detected within Lake Earl is likely due to repeated
population bottlenecks (reduced genetic diversity due to reduced
population size) resulting from regular artificial breaching of the
lagoon mouth (McCraney and Kinziger 2009, p. 34).
The conclusions from these studies are:
(1) The tidewater goby exhibits considerable genetic diversity
across its range.
(2) The species can be divided into six phylogeographic units based
upon genetic similarities and differences.
(3) The tidewater goby to the south of the gap between Los Angeles
and Orange Counties is probably a distinct species from populations to
the north based on its divergent genetic makeup.
(4) Natural and anthropogenic barriers have contributed to genetic
differentiation among populations.
(5) Although genetic differences occur between populations north of
Los Angeles County, they are not as divergent as those populations
found south of Los Angeles County.
Metapopulation Dynamics
Local populations of tidewater goby are best characterized as
metapopulations (Lafferty et al. 1999a, p. 1448). A metapopulation is
defined as a population made up of a group of subpopulations
interconnected through patterns of gene flow, extinction, and
recolonization, and at least somewhat geographically isolated from
other populations (Meffe and Carrol 1994, p. 189). Local tidewater goby
populations are frequently isolated from other local populations by
extensive areas of unsuitable habitat. They occupy coastal lagoons and
estuaries that in most cases are separated by the open ocean. Very few
tidewater goby have ever been captured in the marine environment (Swift
et al. 1989, p. 7), which suggests that this species rarely occurs in
the open ocean. Studies of the tidewater goby suggest that some
populations persist on a consistent basis, while other populations
appear to experience intermittent extirpations (local extinctions)
(Lafferty et al. 1999a, p. 1452). These extirpations may result from
one or a series of factors, such as the drying up of some small streams
during prolonged droughts (Lafferty et al. 1999a, p. 1451). Some of the
areas where the tidewater goby has been extirpated apparently have been
recolonized by nearby (within 6 miles (mi) (10 kilometers (km)))
populations (Lafferty et al. 1999a, p. 1451). These recolonization
events suggest that tidewater goby populations exhibit a metapopulation
dynamic where some populations survive or remain viable by continually
exchanging individuals and recolonizations after occasional
extirpations (Doak and Mills 1994, p. 619).
Lafferty et al. (1999b, p. 618) monitored the post-flood
persistence of several tidewater goby populations in Santa Barbara and
Los Angeles Counties after the heavy winter floods of 1995. All of the
monitored populations persisted after the floods, and no significant
changes in population sizes were noted (Lafferty et al. 1999b, p. 621).
However, tidewater goby apparently colonized Ca[ntilde]ada Honda in
Santa Barbara County after one flood event (Lafferty et al. 1999b, p.
621). This suggests that flooding may sometimes have a positive effect
by contributing to recolonization of habitats where a tidewater goby
population has become extirpated.
The largest wetland habitats where the tidewater goby has been
known to occur are not necessarily the most secure, as evidenced by the
fact that the Santa Margarita River in San Diego County and the San
Francisco Bay have lost their populations of tidewater goby. Today, the
most stable locations with the largest tidewater goby populations
consist of lagoons and estuaries of intermediate sizes (5 to 125 ac (2
to 50 ha)) that have remained relatively unaffected by human activities
(Service 2005, p. 12). Many of the locations where tidewater goby are
consistently present are likely to be ``source'' populations, which
probably provide the colonists for locations where tidewater goby are
intermittently extirpated.
Historical records and survey results for several areas occupied by
tidewater goby are available (Swift et al. 1989, pp. 18-19; Swift et
al. 1994, pp. 8-16). These documents suggest that the persistence of
tidewater goby populations is related to habitat size, configuration,
location, and proximity to human development. In general, the most
stable and persistent tidewater goby populations occur in lagoons and
estuaries that are more than 2.47 ac (1 ha) in size, and that have
remained relatively unaffected by human activities (Lafferty et al.
1999a, pp. 1450-1453). We note, however, that some systems that are
affected or altered by human activities also have relatively large and
stable populations, for example, Humboldt Bay in Humboldt County, Pismo
Creek in San Luis Obispo County, Santa Ynez River in Santa Barbara
County, and the Santa Clara River in Ventura County. Also, some
habitats less than 2.47 ac (1 ha) in size have tidewater goby
populations that persist on a regular basis, such as Ca[ntilde]ada del
Agua Caliente in Santa Barbara County (Swift et al. 1997, p. 3). The
best available information suggests that the lagoons and estuaries with
persistent tidewater goby populations are likely the source of core
populations that provide individuals that colonize adjacent smaller
locations with intermittent populations (Lafferty et al. 1999a, p.
1452).
Distribution
The known geographic range of the tidewater goby is limited to the
coast of California (Eschmeyer et al. 1983, p. 262; Swift et al. 1989,
p. 12). The species historically occurred from locations 3 mi (5 km)
south of the California-Oregon border (Tillas Slough in Del Norte
County) to 44 mi (71 km) north of the United States-Mexico border (Agua
Hedionda Lagoon in San Diego County). The available documentation
(e.g., Eschmeyer et al. 1983, p. 262; Swift et al. 1989, p. 12)
suggests that the northernmost extent of the current geographic range
has not changed over time. Tidewater goby historically occurred in Agua
Hedionda Lagoon, but do not currently. The species' southernmost known
currently occupied locality is the San Luis Rey River, 5 mi (8 km)
north of Agua Hedionda Lagoon. Although the northernmost and
southernmost extent of the tidewater goby's range has not changed, its
overall distribution has become patchy and fragmented along the coast.
The tidewater goby appears to be naturally absent from several long
(50 to 135 mi (80 to 217 km)) stretches of coastline lacking lagoons or
estuaries, where steep topography or swift currents may prevent the
tidewater goby from dispersing between adjacent locations (Swift et al.
1989, p. 13; Earl et al. 2010, p. 104). One such gap occurs between the
Eel River in Humboldt County and the Ten Mile River in Mendocino
County. A second gap exists between Davis Lake in Mendocino County and
Salmon Creek in Sonoma County. Another large natural gap
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occurs between the Salinas River in Monterey County and Arroyo del Oso
in San Luis Obispo County. Habitat loss and other anthropogenic-related
factors have resulted in the tidewater goby's absence from several
locations where it historically occurred; their recent disappearance
from some of these locations has created additional gaps in the
species' geographic distribution (Capelli 1997, p. 7). Such locations
include San Francisco Bay in San Francisco and Alameda Counties, and
Redwood Creek and Freshwater Lagoon in Humboldt County.
Swift et al. (1989, p. 13) reported that, as of 1984, tidewater
goby occurred or had been known to occur at 87 locations, including
those at the extreme northern and southern end of the species'
historical geographic range. An assessment of the species' distribution
in 1993, using records that were limited to the area between the
Monterey Peninsula in Monterey County and the United States-Mexico
border, found the tidewater goby occurring at four additional sites
since 1984 (Swift et al. 1993, p. 129). Other locations have been
identified since 1993, and to date the tidewater goby has been
documented at 135 locations within its historical range. Of these 135
locations, 23 (17 percent) are no longer occupied by the tidewater
goby. Therefore, 112 locations are currently occupied (Service 2005, p.
6).
Habitat
The lagoons, estuaries, backwater marshes, and freshwater
tributaries that tidewater goby occupy are dynamic environments subject
to considerable fluctuations on a seasonal and annual basis. Typically,
a sandbar forms in the late spring as flow into a lagoon declines
enough to allow the ocean surf to build up sand at the mouth of the
lagoon. Winter rains and increased stream flows may bring in
considerable sediment and dramatically affect the bottom profile and
substrate composition of a lagoon or estuary. Fine mud and clay either
move through the lagoon or estuary, or settle out in the backwater
marshes, while heavier sand is left behind. High flows associated with
winter rains can scour out the lagoon bottom to a lower level,
especially after breaching the mouth sandbar, with sand building up
again after flows decline. These dynamic processes result in wetland
habitats that, over time, move both up or down coast, and inland or
coastward.
The horizontal extent of the lentic (pond-like) wetland habitat
associated with a particular tidewater goby locality varies, and is
affected in part, by local precipitation patterns and topography. In
coastal areas where the topography is steep and precipitation
relatively low, such as areas adjacent to the Santa Ynez Mountains in
Santa Barbara County, the habitats occupied by tidewater goby may be a
few acres in size, only extend a few hundred feet inland from the
ocean, with backwater marshes small or absent. In other coastal
settings where topography is less steep and precipitation is more
abundant, surface streams are larger, coastal lagoons or estuaries may
be hundreds of acres in size and extend many miles inland, and may
include extensive backwater marshes (Lake Earl in Del Norte County and
Ten Mile River in Mendocino County). Some locations occupied by the
tidewater goby, for example, Bennett's Slough in Monterey County,
receive water from upstream areas on a year-round basis. Such locations
tend to possess wetland habitats that are larger and can extend inland
for several miles. Other occupied locations do not possess stream
channels or tributaries that provide a considerable amount of water
throughout the summer or fall months. Such locations, such as Little
Pico Creek in San Luis Obispo County, tend to possess wetland habitats
that extend only a short distance inland.
Reproduction
The tidewater goby has been observed to spawn in every month of the
year except December (Swenson 1999, p. 107). Reproduction tends to peak
in late April or May to July, and can continue into November depending
on seasonal temperature and rainfall. Swenson (1995, p. 31) has
documented the spawning activities of adult fish or the presence of egg
clutches at water temperatures between 48 and 77 degrees Fahrenheit (F)
(9 and 25 degrees Celsius (C)). Spawning tidewater goby have been
observed in water salinities between 2 and 27 parts per thousand (ppt)
(Swenson 1999, p. 31).
Threats
The final listing rule for the tidewater goby published in 1994 (59
FR 5494; February 4, 1994) and the 5-year review (Service 2007) states
that this species is threatened, or potentially threatened, by: (1)
Coastal development projects that result in the loss or alteration of
coastal wetland habitat; (2) water diversions and alterations of water
flows upstream of coastal lagoons and estuaries that negatively impact
the species' breeding and foraging activities; (3) groundwater
overdrafting; (4) channelization of the rivers where the species
occurs; (5) discharge of agricultural and sewage effluents; (6) cattle
grazing and feral pig activity that results in increased sedimentation
of coastal lagoons and riparian habitats, removal of vegetative cover,
increased ambient water temperatures, and elimination of plunge pools
and undercut banks utilized by the tidewater goby; (7) introduced
species that prey on the tidewater goby (e.g., bass (Micropterus spp.)
and crayfish (Cambaris spp.)); (8) inadequacy of existing regulatory
mechanisms; (9) drought conditions that result in the deterioration of
coastal and riparian habitats; and (10) competition with introduced
species, such as the yellowfin goby (Acanthogobius flavimanus) and
chameleon goby (Tridentiger trigonocephalus).
Previous Federal Actions
On April 15, 2009, Natural Resources Defense Council (NRDC) filed a
lawsuit in the U.S. District Court for the Northern District of
California challenging a portion of the January 31, 2008, final rule
that designated 44 critical habitat units in Del Norte, Humboldt,
Mendocino, Sonoma, Marin, San Mateo, Santa Cruz, Monterey, San Luis
Obispo, Santa Barbara, Ventura, Los Angeles, Orange, and San Diego
Counties, California (73 FR 5920, January 31, 2008). In a consent
decree dated December 11, 2009, the U.S. District Court: (1) Stated
that the 44 critical habitat units should remain in effect, (2) stated
that the final rule designating critical habitat was remanded in its
entirety for reconsideration, and (3) directed the Service to
promulgate a revised critical habitat rule that considers the entire
geographic range of the tidewater goby and any currently unoccupied
tidewater goby habitat. The consent decree requires that the Service
submit proposed and final revised rules to the Federal Register no
later than October 7, 2011, and November 27, 2012, respectively. For
additional information on previous Federal actions please refer to the
1994 listing rule (59 FR 5494; February 4, 1994), and previous critical
habitat designation (73 FR 5920; January 31, 2008).
Critical Habitat
Background
Critical habitat is defined in section 3 of the Act as:
(1) The specific areas within the geographical area occupied by the
species, at the time it is listed in accordance with the Act, on which
are found those physical or biological features
(a) Essential to the conservation of the species and
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(b) Which may require special management considerations or
protection; and
(2) Specific areas outside the geographical area occupied by the
species at the time it is listed, upon a determination that such areas
are essential for the conservation of the species.
Conservation, as defined under section 3 of the Act, means to use
and the use of all methods and procedures that are necessary to bring
an endangered or threatened species to the point at which the measures
provided pursuant to the Act are no longer necessary. Such methods and
procedures include, but are not limited to, all activities associated
with scientific resources management such as research, census, law
enforcement, habitat acquisition and maintenance, propagation, live
trapping, and transplantation, and, in the extraordinary case where
population pressures within a given ecosystem cannot be otherwise
relieved, may include regulated taking.
Critical habitat receives protection under section 7 of the Act
through the requirement that Federal agencies ensure, in consultation
with the Service, that any action they authorize, fund, or carry out is
not likely to result in the destruction or adverse modification of
critical habitat. The designation of critical habitat does not affect
land ownership or establish a refuge, wilderness, reserve, preserve, or
other conservation area. Such designation does not allow the government
or public to access private lands. Such designation does not require
implementation of restoration, recovery, or enhancement measures by
non-Federal landowners. Where a landowner seeks or requests Federal
agency funding or authorization for an action that may affect a listed
species or critical habitat, the consultation requirements of section
7(a)(2) would apply, but even in the event of a destruction or adverse
modification finding, the obligation of the Federal action agency and
the landowner is not to restore or recover the species, but to
implement reasonable and prudent alternatives to avoid destruction or
adverse modification of critical habitat.
For inclusion in a critical habitat designation, the habitat within
the geographical area occupied by the species at the time it was listed
must contain the physical or biological features which are essential to
the conservation of the species and which may require special
management considerations or protection. Critical habitat designations
identify, to the extent known using the best scientific and commercial
data available, those physical or biological features that are
essential to the conservation of the species (such as space, food,
cover, and protected habitat), focusing on the principal biological or
physical constituent elements (primary constituent elements (PCEs))
within an area that are essential to the conservation of the species
(such as roost sites, nesting grounds, seasonal wetlands, water
quality, tide, soil type). Primary constituent elements are the
elements of physical or biological features that provide for a species'
life-history processes and are essential to the conservation of the
species.
Under the Act, we can designate critical habitat in areas outside
the geographical area occupied by the species at the time it is listed,
upon a determination that such areas are essential for the conservation
of the species. We designate critical habitat in areas outside the
geographical area occupied by a species only when a designation limited
to its range would be inadequate to ensure the conservation of the
species. When the best available scientific data do not demonstrate
that the conservation needs of the species require such additional
areas, we will not designate critical habitat in areas outside the
geographical area occupied by the species. An area currently occupied
by the species but that was outside the geographical area occupied by
the species at the time of listing may, however, be essential for the
conservation of the species and may be included in the critical habitat
designation.
Section 4 of the Act requires that we designate critical habitat on
the basis of the best scientific and commercial data available.
Further, our Policy on Information Standards under the Endangered
Species Act (published in the Federal Register on July 1, 1994 (59 FR
34271)), the Information Quality Act (section 515 of the Treasury and
General Government Appropriations Act for Fiscal Year 2001 (Pub. L.
106-554; H.R. 5658)), and our associated Information Quality
Guidelines, provide criteria, establish procedures, and provide
guidance to ensure that our decisions are based on the best scientific
data available. They require our biologists, to the extent consistent
with the Act and with the use of the best scientific data available, to
use primary and original sources of information as the basis for
recommendations to designate critical habitat.
When we determine which areas should be designated as critical
habitat, our primary source of information is generally the information
developed during the listing process for the species. Additional
information sources may include the recovery plan for the species,
articles in peer-reviewed journals, conservation plans developed by
States and counties, scientific status surveys and studies, biological
assessments, or other unpublished materials, expert opinion, or
personal knowledge.
Habitat is dynamic, and species (or habitats) may naturally shift
within an area, or from one area to another, over time. Climate change
will be a particular challenge for biodiversity because the addition of
stressors associated with climate change to current stressors may push
species beyond their ability to survive (Lovejoy and Hannah 2005, pp.
325-326). The synergistic implications of climate change and habitat
fragmentation are the most threatening facet of climate change for
biodiversity (Lovejoy and Hannah 2005, p. 4), because species may not
be able to migrate with shifting habitats. Current climate change
predictions for terrestrial areas in the Northern Hemisphere generally
indicate warmer air temperatures, more intense precipitation events,
and increased summer continental drying, although predictions vary for
any given specific location (Field et al. 1999, pp. 1-3; Hayhoe et al.
2004, p. 12422; Cayan et al. 2005, p. 6; Intergovernmental Panel on
Climate Change (IPCC) 2007, p. 11; Cayan et al. 2009, p. xi). Climate
change may lead to increased frequency and duration of severe storms
and droughts (McLaughlin et al. 2002, p. 6074; Cook et al. 2004, p.
1015; Golladay et al. 2004, p. 504).
Furthermore, these predictions also point to a future of warmer
oceans and melting glaciers and icecaps, all of which are expected to
raise mean sea levels, leading to the inundation and displacement of
many estuaries and lagoons. A rise in sea level will most dramatically
affect those estuaries that have been confined by surrounding
development that prohibits their boundaries from naturally shifting in
response to inundation. Projections for sea-level rise by the year 2100
vary from 0.59 to 6.2 ft (0.18 to 1.9 m) (Raper and Braithwaite 2006,
p. 311, IPCC 2007, p. 11; Rahmstorf 2007, p. 368; Herberger et al.
2009, p. 8; Vermeer and Rahmstorf 2009, p. 21530). Paleoclimatic data
suggest that the rate of future melting of the Greenland and Antarctic
ice sheets and related sea level rise could be faster than currently
projected (Overpeck et al. 2006, p. 1747). Park et al. (1989, pp. 1-52)
projected that of the salt marshes along the coast of the contiguous
United
[[Page 65001]]
States, 30 percent would be lost with a 1.6-ft (0.5-m) sea level rise,
46 percent with a 3.3-ft (1-m) sea level rise, 52 percent with a 6.6-ft
(2-m) sea level rise, and 65 percent with a 9.8-ft (3-m) sea level
rise.
We cannot project directly to California the percentage of salt
marsh habitat that would be lost based upon the estimates of Park et
al. (1989, p. 1-52), who focused on the east coast and Gulf coast of
the United States; however, we can anticipate that with a projected sea
level rise of up to almost 6.6 ft (2 m), much of the marshlands and
estuaries in the state will be lost by 2100. In addition to the
inundation and displacement of estuaries/lagoons, there would be shifts
in the quality of the habitats in affected coastal regions. Prior to
being inundated, coastal watersheds would become saline due to
saltwater intrusion into the surface and groundwater. However,
predictions of climatic conditions for smaller sub-regions, such as
California, remain less certain. The full effects of these changes on
aquatic organisms, such as the tidewater goby, are not well known.
Thus, the information currently available on the effects of global
climate change is not sufficiently precise to determine what additional
areas, if any, may be appropriate to include in the revised critical
habitat for this species to address the effects of climate change.
Additionally, we recognize that critical habitat designated at a
particular point in time may not include all of the habitat areas that
we may later determine are necessary for the recovery of the species.
For these reasons, a critical habitat designation does not signal that
habitat outside the designated area is unimportant or may not be
required for recovery of the species. Areas that are important to the
conservation of the tidewater goby, both inside and outside the
critical habitat designation, will continue to be subject to: (1)
Conservation actions implemented under section 7(a)(1) of the Act, (2)
regulatory protections afforded by the requirement in section 7(a)(2)
of the Act for Federal agencies to ensure that their actions are not
likely to jeopardize the continued existence of any endangered or
threatened species, and (3) the prohibitions of section 9 of the Act if
actions occurring in these areas may result in take of the species.
Federally funded or permitted projects affecting listed species outside
their designated critical habitat areas may still result in jeopardy
findings in some cases. These protections and conservation tools will
continue to contribute to recovery of this species. 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
(HCPs), or other species conservation planning efforts if new
information available at the time of these planning efforts calls for a
different outcome.
Physical or Biological Features
In accordance with section 3(5)(A)(i) and 4(b)(1)(A) of the Act and
regulations at 50 CFR 424.12, in determining which areas within the
geographical area occupied by the species at the time of listing to
designate as critical habitat, we consider the physical or biological
features essential to the conservation of the species and which may
require special management considerations or protection. These include,
but are not limited to:
(1) Space for individual and population growth and for normal
behavior;
(2) Food, water, air, light, minerals, or other nutritional or
physiological requirements;
(3) Cover or shelter;
(4) Sites for breeding, reproduction, or rearing (or development)
of offspring; and
(5) Habitats that are protected from disturbance or are
representative of the historical, geographical, and ecological
distributions of a species.
We derive the specific physical or biological features required for
tidewater goby from studies of this species' habitat, ecology, and life
history as described below. Additional information can be found in the
final listing rule published in the Federal Register on February 4,
1994 (59 FR 5494), the Tidewater Goby 5-Year Review (Service 2007), and
the Recovery Plan (Service 2005). Based on our current knowledge of the
life history, biology, ecology, and the habitat requirements of the
species, we have determined that the tidewater goby requires the
following physical or biological features:
Space for Individual and Population Growth and for Normal Behavior
Saline Aquatic Habitat
The tidewater goby occurs in lagoons, estuaries, and backwater
marshes that are adjacent to the Pacific Ocean (Wang 1982, p. 14; Irwin
and Soltz 1984, p. 27; Swift et al. 1989, p. 1; Swenson 1993, p. 3;
Moyle 2002, p. 431). The tidewater goby is most commonly found in
waters with relatively low salinities (less than 10 to 12 parts per
thousand (ppt)) (Swift et al. 1989, p. 7). This species can, however,
tolerate a wide range of salinities, and is frequently found in coastal
habitats with higher salinity levels (Swift et al. 1989, p. 7;
Worcester 1992, p. 106; Swift et al. 1997, pp. 15-22); it has been
collected in salinities as high as 42 ppt by Swift et al. (1989, p. 7)
and at 63 ppt in McDaniel Slough, Arcata Bay, Humboldt County (G.
Goldsmith pers. comm. 2011). The species' tolerance of high salinities
likely enables it to withstand some exposure to the marine environment,
allowing it to recolonize nearby lagoons and estuaries following flood
events. However, tidewater goby have only rarely been captured in the
marine environment (Swift et al. 1989, p. 7), and they appear to enter
the ocean only when flushed out of lagoons, estuaries, and river mouths
by storm events or human-caused breaches of sand bars.
Freshwater Habitat
The tidewater goby also occurs in freshwater streams up-gradient
and tributary to brackish habitats; the salinity of these freshwater
streams is typically less than 0.5 ppt. The available documentation
demonstrates that, in some areas, tidewater goby can occur 1.6 to 7.3
mi (2.6 to 11.7 km) upstream from the ocean environment (Irwin and
Soltz 1984, p. 27; Swift et al. 1997, p. 20; Chamberlain and Goldsmith
2006, p. 1). Within a 2-hour period, hundreds of tidewater goby have
been observed to move upstream of a fixed location into areas in the
Santa Ynez River 3.2 mi (5.1 km) from the ocean in Santa Barbara County
(Swift et al. 1997, p. 20). The fact that this many individuals were
observed to move through an area suggests that freshwater tributaries
in some riverine systems provide important habitat for individual and
population growth.
We have reviewed a variety of documents to determine how far
tidewater goby have been detected upstream from the ocean. Chamberlain
and Goldsmith (2006, p. 1) found tidewater goby 1.6 to 2.0 mi (2.6 to
3.3 km) upstream from the ocean in the Ten Mile River in Mendocino
County, Swift et al. (1997, p. 18) found tidewater goby 4.6 mi (7.3 km)
upstream from the ocean in the San Antonio River in Santa Barbara
County, Swift et al. (1997, p. 20) found tidewater goby at various
distances from 3.9 to 7.3 mi (6.2 to 11.7 km) upstream from the ocean
in the Santa Ynez River in Santa Barbara County, and Holland (1992, p.
9) found tidewater goby 3 mi (5 km) upstream from the ocean in the
Santa Margarita River in San Diego County. Collectively, these data
suggest the average distance tidewater goby have been detected
[[Page 65002]]
upstream from the ocean in medium to large rivers is approximately 3.8
mi (6.1 km). Other than a high stream gradient, the reasons for the
variation in upstream movement between one locality and another have
not been determined; salinity could be an important factor. Upstream
salinity levels may vary with time of year, tidal cycles, storm events,
and topography. However, Swift et al. (1997, p. 26) indicate that
stream gradient and lack of barriers (e.g., beaver dams, sills) are
more important factors than salinity to upstream dispersal.
Sandbars
Many of the locations occupied by the tidewater goby closely
correspond to stream drainages. Under natural conditions these stream
drainages and the marine environment collectively act to produce
sandbars that form a barrier between the ocean and the lagoon, estuary,
backwater marsh, and freshwater stream system (Habel and Armstrong
1977, p. 39). These sandbars tend to be present during the late spring,
summer, and fall seasons. The presence of a sandbar can create a lower
salinity level (5 to 10 ppt) in the area inshore from the sandbar
(Carpelan 1967, p. 324) than would otherwise exist if there were no
sandbar. The tidewater goby is more commonly associated with these
lower salinity levels than with the salinity levels that occur in the
ocean or an estuary without a sandbar (about 35 ppt). The formation of
a sandbar also creates more habitat for aquatic organisms because water
becomes ponded behind the sandbar. Artificial breaching of a sandbar
tends to result in a rapid decrease in water levels, and increases the
likelihood that adult tidewater goby, their nests, and their fry could
become stranded and die, or become concentrated and subject to greater
levels of predation pressure by birds or other predators.
In Humboldt Bay and the Eel River estuary in Humboldt County, a
large amount of salt and brackish marsh habitat was eliminated through
the construction of levees and drainage channels. As a result, several
of the locations occupied by tidewater goby do not contain natural
sandbars between the ocean and habitat where the species is present.
Instead, manmade water control structures such as tidegates and
culverts, exist between tidal waters and the locations where tidewater
goby occur. These tidegates have been in place for decades, and in some
cases they provide habitat conditions similar to those created by the
presence of a seasonal sandbar. In fact, most of the occupied tidewater
goby habitat in the Humboldt Bay-Eel River estuaries are above
tidegates.
Therefore, lagoons and estuaries with relatively low salinities for
suitable breeding conditions, upstream freshwater habitat for refuge,
and sandbars, which creates larger areas of suitable habitat with lower
salinities, are essential to the conservation of the species.
Food, Water, Air, Light, Minerals, or Other Nutritional or
Physiological Requirements
Diet
The tidewater goby feeds mainly on macroinvertebrates such as mysid
shrimp, gammarid amphipods, ostracods, and aquatic insects such as
chironomid midge larvae (Irwin and Soltz 1984, pp. 21-23; Swift et al.
1989, p. 6; Swenson 1995, p. 87). The diets of adult and juvenile
tidewater goby tend to include the same relative abundance of different
invertebrate species (Swenson and McCray 1996, p. 962).
Water Depth, Velocity, and Temperature
The tidewater goby is most commonly collected in water less than 6
feet (ft) (2 meters (m)) deep (Wang 1982, pp. 4-5; Worchester 1992, p.
53). However, tidewater goby were recently collected in Big Lagoon in
Humboldt County during the breeding season at a water depth of 15 ft
(4.6 m) (Goldsmith 2006a, p. 1). Whether use of these deeper waters is
confined to this locality or is more widespread will require additional
sampling at various depths and locations. The tidewater goby tends to
avoid currents and concentrate in slack-water areas; this suggests they
are less likely to occur in areas with a steep gradient or
microhabitats with a substantial current. At Pescadero Creek in San
Mateo County, tidewater goby were absent from portions of the flowing
creek that had a surface velocity of 0.15 m per second (0.49 ft per
second), and were instead more densely concentrated in nearby eddies
with lower water velocities (Swenson 1993, p. 3).
Backwater marshes, including lateral sloughs, are likely to be
important to the tidewater goby for multiple reasons. Flood waters with
increased water velocities can have a negative effect on the tidewater
goby (Irwin and Soltz 1984, p. 27), and backwater marshes may provide
important refuges that reduce the likelihood that tidewater goby will
be flushed out of the lagoons or estuaries and into the marine
environment during heavy winter floods (Lafferty et al. 1999a, p. 619).
Evidence that increased flows can eliminate tidewater goby from a
locality is suggested by the extirpation of tidewater goby from Waddell
Creek in Santa Cruz County following a flood event in the winter of
1972-73 (Nelson as cited in Swift 1990, p. 2); this creek had been
channelized and no longer afforded protection from high flows during
flood events. Likewise, the channelization and elimination of habitat
lateral to the main stream channel upstream of San Onofre Lagoon in San
Diego County probably led to the flushing and extirpation of tidewater
goby from this locality during a storm in 1993 (Swift et al. 1994, pp.
22-23). The importance of backwater marshes is also highlighted by the
fact that tidewater goby in these habitats can achieve a greater size
than in adjacent lagoons and creeks (Swenson 1993, pp. 6-7).
Therefore, lagoons and estuaries with a variety of aquatic
macroinvertebrates providing food for tidewater goby as well as
backwater marshes, including lateral sloughs, which are used as refuge
during storm events and sandbar breaches, are essential to the
conservation of the species.
Cover or Shelter
A variety of native and nonnative fish species and fish-eating bird
species, such as egrets (Egretta spp.) and herons (e.g., great blue
herons (Ardea herodias)), prey on tidewater goby. A species' ability to
persist when it is subject to predation pressure frequently depends on
the presence of escape cover or shelter, heterogeneous features that
provide a greater level of structure to make it more likely to avoid
predation (Crowder and Cooper 1982, p. 1802; Gilinsky 1984, p. 455). At
locations where the tidewater goby occurs, submerged and emergent
aquatic vegetation can create habitat heterogeneity and structure to
provide a greater degree of cover from predators than would exist
without it. Stable lagoons often possess dense aquatic vegetation,
including sago pondweed (Potamogeton pectinatus) or widgeon grass
(e.g., Ruppia maritima and R. cirrhosa). At some locations, juvenile
tidewater goby are more prevalent in areas with at least some
submergent vegetation compared to areas with little or no vegetation
(Wang 1984, p. 16; Swenson 1994, p. 6; Trihey & Associates, Inc. 1996,
p. 11). The presence of submerged or emergent vegetation appears to
reduce the likelihood that tidewater goby will be preyed upon. Aquatic
vegetation also may provide some degree of shelter or refuge during
flash flood events (Lafferty et al. 1999b, p. 621) by lowering water
velocity compared to unvegetated areas. Such refuges would
[[Page 65003]]
be especially important to fish species, such as tidewater goby, that
are not strong swimmers. Therefore, lagoons and estuaries with
submerged and emerged vegetation, which provide protection from
predators and provide refuge during flood events, are essential to the
conservation of the species.
Sites for Breeding, Reproduction, or Rearing (or Development) of
Offspring
The eggs of the tidewater goby are laid in burrows excavated by
male fish. Burrows most commonly occur in areas with relatively
unconsolidated, clean, coarse sand (Swift et al. 1989, p. 8), and in
silt or mud (Wang 1982, p. 6). Swenson (1995, p. 148) demonstrated that
tidewater goby prefer a sandy substrate in the laboratory. Male
tidewater goby remain in the burrow to guard the eggs attached to the
burrow ceiling and walls, and care for the embryos for approximately 9
to 11 days until they hatch. They rarely, if ever, emerge from the
burrow to feed (Swift et al. 1989, p. 4). The tidewater goby larvae
occupy the water column after the eggs hatch (Wang 1982, p. 15), then
move to the bottom substrate as they mature. Worcester (1992, pp. 77-
79) found that larval tidewater goby in Pico Creek Lagoon in San Luis
Obispo County tended to use the deeper portion of the lagoon at a depth
of 29 in (73 cm), which is considerably deeper than the depth level of
17 in (42 cm) where they were not detected. Therefore, lagoons and
estuaries with relatively unconsolidated, clean, coarse sand, and silt
or mud, which provide for breeding, are essential to the conservation
of the species.
Habitats Protected From Disturbance or Representative of the
Historical, Geographical, and Ecological Distributions of the Species
The majority of lagoons, estuaries, and coastal streams that
currently support the tidewater goby have experienced some level of
disturbance. These range in size from approximately 31.5 square feet (3
m\2\) of surface area to about 2,000 acres (ac) (800 hectares (ha)).
Most lagoons and estuaries that support tidewater goby range from about
1.25 to 12.5 ac (0.5 to 5 ha). Surveys of tidewater goby locations and
historic records indicate that size, configuration, location, and
access by humans are all factors in the persistence of populations of
this species (Swift et al. 1989, p. 15; Swift et al. 1994, pp. 26-27).
Lagoons and estuaries smaller than about 5 ac (2 ha) generally exhibit
patterns of extirpation or population reduction and subsequent
recolonization to very low levels. Many of the records for smaller
locations, less than about 1 ac (0.4 ha), include one or a few large
individuals with no evidence of reproduction. These small locations are
also often within a mile or so of another locality from which
recolonization could occur following catastrophic events, such as
drought or artificial breaching of the lagoon.
The largest locations are not necessarily the most secure, such as
the San Francisco Bay or the Santa Margarita River, which have lost
their populations of tidewater goby. However, an exception is Lake
Tolowa, Del Norte County, which is several thousand acres in size and
has had a continuous presence of tidewater goby. The most stable or
largest populations today are in locations of intermediate sizes, which
range from 5 to 125 ac (2 to 50 ha). In many cases, the tidewater goby
populations in these intermediate sized locations likely serve as
source populations for the smaller ephemeral sites (Lafferty et al.
1999b, p. 1452). Therefore, lagoons and estuaries that range in size
from small to large are important for maintaining the metapopulation
dynamics and are essential to the conservation of the species.
Primary Constituent Elements for Tidewater Goby
Under the Act and its implementing regulations, we are required to
identify the physical or biological features essential to the
conservation of tidewater goby in areas within the geographical area
occupied by the species at the time of listing, focusing on the
features' primary constituent elements. We consider primary constituent
elements to be the elements of the physical or biological features that
provide for a species' life-history processes and, under the
appropriate circumstances, are essential to the conservation of the
species.
Based on our current knowledge of the physical or biological
features and habitat characteristics required to sustain the species'
life-history processes, we determine that the primary constituent
element (and its components) specific to tidewater goby are:
(1) Persistent, shallow (in the range of approximately 0.3 to 6.6
ft (0.1 to 2 m)), still-to-slow-moving, lagoons, estuaries, and coastal
streams ranging in salinity from 0.5 ppt to about 12 ppt, which
provides adequate space for normal behavior and individual and
population growth that contain:
(a) Substrates (e.g., sand, silt, mud) suitable for the
construction of burrows for reproduction;
(b) Submerged and emergent aquatic vegetation, such as Potamogeton
pectinatus, Ruppia maritima, Typha latifolia, and Scirpus spp., that
provides protection from predators and high flow events; or
(c) Presence of a sandbar(s) across the mouth of a lagoon or
estuary during the late spring, summer, and fall that closes or
partially closes the lagoon or estuary, thereby providing relatively
stable water levels and salinity.
Special Management Considerations or Protection
When designating critical habitat, we assess whether the specific
areas within the geographical area occupied by the species at the time
of listing contain features which are essential to the conservation of
the species and which may require special management considerations or
protection. Special management considerations or protection may be
necessary to eliminate or reduce the magnitude of threats that affect
the tidewater goby. Threats identified in the final listing rule for
the tidewater goby include: (1) Coastal development projects that
result in the loss or alteration of coastal wetland habitat; (2) water
diversions and alterations of water flows upstream of coastal lagoons
and estuaries that negatively impact the species' breeding and foraging
habitat and activities; (3) groundwater overdrafting that results in
reduction of flows and negatively impacts the species' breeding and
foraging habitat and activities; (4) channelization of habitats where
the species occurs that removes or reduces quality of habitat; (5)
discharge of agricultural and sewage effluents; (6) cattle grazing and
feral pig activity that result in increased sedimentation of coastal
lagoons and riparian habitats, remove vegetative cover, increase
ambient water temperatures, and eliminate plunge pools and collapsed
undercut banks utilized by the tidewater goby; (7) introduced species
that prey on the tidewater goby (e.g., bass, crayfish); (8) the
inadequacy of existing regulatory mechanisms; (9) drought conditions
that result in the deterioration of coastal and riparian habitats; and
(10) competition with introduced species, such as the yellowfin goby
and chameleon goby.
For the purposes of this proposed rule, we have combined the
``water diversions and alterations of water flows upstream of coastal
lagoons and estuaries that negatively impact the species' breeding and
foraging activities'' threats category with ``drought conditions'' and
``groundwater overdrafting,'' along with the addition of
[[Page 65004]]
artificial breaching of sandbars, into one threat category, i.e.,
``water diversions, alterations of water flows, artificial sandbar
breaching, and groundwater overdrafting that negatively impact the
species' breeding and foraging activities.'' Similarly, we have
combined the two threat categories of ``introduced species that prey on
the tidewater goby (e.g., bass, crayfish)'' and ``competition with
introduced species such as the yellowfin goby and chameleon goby'' into
one category, i.e., ``introduced species that prey on, or compete with,
the tidewater goby (e.g., yellowfin goby, bass, and crayfish).'' Where
special management may be necessary, regulatory mechanisms may need to
be added or amended by local, State, or Federal governmental entities
if sufficient management is not achievable through voluntary
mechanisms.
The tidewater goby exhibits a pattern of occupancy and extirpation
throughout its range. The species requires refugia under drought
conditions and places to recolonize under wetter conditions; otherwise,
the tidewater goby would be relegated to existing only within those few
lagoons and estuaries large enough to support it during periods of
drought. If the suitable localities that are occupied during periods of
normal precipitation cease to function as tidewater goby habitat due to
modification or destruction while the localities are unoccupied, the
metapopulation dynamics may be disrupted and the species may not be
able to respond by recolonizing unoccupied localities under favorable
conditions. A more detailed discussion of threats to the tidewater goby
can be found in the final listing rule (59 FR 5494, March 7, 1994), and
the final Recovery Plan (Service 2005, pp. 16-19).
We find that the components of the PCE present within all the areas
we are proposing to designate as critical habitat may require special
management considerations or protection due to threats to the tidewater
goby or its habitat. Using current information provided in the Recovery
Plan (Service 2005, Appendix E) and other information in our files, we
have identified the components of the PCE that may require special
management considerations or protection from known threats within each
of the critical habitat units (see Critical Habitat Designation and
Table 3 below for a unit-by-unit description). Some of the special
management actions that may be needed for essential features of
tidewater goby habitat are briefly summarized below.
(1) Implement measures to avoid, minimize or mitigate direct and
indirect loss and adverse modification of tidewater goby habitat due to
dredging, draining, and filling of lagoons and estuaries. Additional
management actions should be taken to restore historic locations and
potential habitats as opportunities become available to eliminate,
minimize, or mitigate the effects of existing structures and past
activities that have destroyed or degraded tidewater goby habitat.
(2) Measures should be developed and implemented to minimize the
adverse effects due to channelization that can eliminate crucial
backwater habitats or other flood refuges.
(3) Implement measures, such as best management practices, for
managing excessive sedimentation in tidewater goby habitat within
current or enhanced parameters. Measures should prevent further
increase in sedimentation in tidewater goby habitat due to cattle
grazing, development, channel modification, recreational activity, and
agricultural practices.
(4) Implement measures to prevent further decrease in freshwater
inflow, water depth, and surface area within tidewater goby habitat due
to dams, water diversions and groundwater pumping.
(5) Implement measures to avoid anthropogenic breaching of lagoons,
for example, use of pumping and other water control structures to
regulate water levels, to provide conditions during the summer and
fall, when reproduction is at its highest and freshwater inflow is at
its lowest.
(6) Implement measures to prevent further degradation of water
quality resulting from agricultural runoff and effluent, municipal run-
off, golf course runoff, sewage treatment effluent, cattle grazing,
development, oil spills, oil field runoff, toxic waste, and gray water
dumping. Also, measures should be implemented to prevent further
degradation of the water quality due to dikes, tidal gates, and other
impedances to the natural freshwater/saltwater interface that alter the
salinity regime in some of the tidewater goby habitats.
(7) Implement measures that prevent further increases in the
abundance and distribution of nonnative species.
Criteria Used To Identify Critical Habitat
As required by section 4(b)(1)(A) of the Act, we use the best
scientific and commercial data available to designate critical habitat.
We review available information pertaining to the habitat requirements
of the species. In accordance with the Act and its implementing
regulation at 50 CFR 424.12(e), we consider whether designating
additional areas--outside those currently occupied as well as those
occupied at the time of listing--are necessary to ensure the
conservation of the species. We are proposing to designate critical
habitat in areas within the geographical area occupied by the species
at the time of listing in 1994. We also are proposing to designate
specific areas outside the geographical area occupied by the species at
the time of listing that were historically occupied, but are presently
unoccupied, because such areas are essential for the conservation of
the species.
In proposing revised critical habitat for the tidewater goby, we
made extensive use of the information in the Recovery Plan (Service
2005), and incorporated the recovery goals and strategy identified in
the Recovery Plan in the development of our proposed revised
designation. We also reviewed other relevant information, including
peer-reviewed journal articles, unpublished reports and materials
(e.g., survey results and expert opinions), the final listing rule (59
FR 5494; February 4, 1994), the 2000 final critical habitat rule (65 FR
69693; November 20, 2000), the 2006 proposed revised critical habitat
rule (71 FR 68914; November 28, 2006), the 2008 final revised critical
habitat rule (73 FR 5920; January 31, 2008), the 5-year review for the
tidewater goby (Service 2007), and regional databases and GIS
coverages, for example, California Natural Diversity Database, and
National Wetlands Inventory maps. We analyzed this information to
determine historical occupancy, occupancy at the time of listing, and
current occupancy, and to develop criteria for identifying: (1)
Specific areas within the geographical area occupied at the time of
listing that contain the physical or biological features essential to
the conservation of the tidewater goby and which may require special
management considerations or protection, and (2) criteria for specific
areas outside the geographical area occupied at the time of listing
that are essential for the conservation of the tidewater goby.
The Recovery Plan focuses on preserving the diversity of tidewater
goby habitats throughout the range of the species, preserving the
natural processes of recolonization and population exchange
(metapopulation dynamics) that enable recovery following catastrophic
events, and preserving genetic diversity (Service 2005, p. 28). The
conservation of the environmental, morphological, and genetic diversity
across the range of the
[[Page 65005]]
species is an important consideration in determining specific areas on
which are found the physical or biological features essential to the
conservation of the species and other specific areas that are essential
for the conservation of the tidewater goby. For example, a population's
ability to successfully adapt to changing environmental conditions is a
function of the population size, and genetic variation of the
individuals at a given location (Reed and Frankham 2003, p. 233).
Local adaptations to different environmental conditions and
morphological differences are likely linked to genetic variations among
populations. These features may in turn be best protected by: (1)
Identifying areas that represent the range of environmental, genetic,
and morphological diversity; and (2) maximizing within these areas the
protection of contiguous environmental gradients across which selection
and migration can interact to maintain population viability and
(adaptive) genetic diversity (Moritz 2002, p. 238). The Recovery Plan
subdivides the geographical distribution of the tidewater goby into 6
recovery units, encompassing a total of 26 subunits defined according
to genetic differentiation and geomorphology. We considered the
conservation of the tidewater goby in each of the recovery units and
subunits, as well as the species as a whole, in our analysis.
Based on the Recovery Plan, we developed the following conservation
framework and criteria to identify the specific circumstances under
which the presence of the components of the PCE within the geographical
area occupied by the species at the time of listing provides the
physical or biological features essential to the conservation of the
tidewater goby, and thus delineates the specific areas that meet the
definition of critical habitat:
(1) Areas that allow for the conservation of viable metapopulations
(as defined in the Background section above) under varying
environmental conditions, for example, drought. These areas include
those that presumably support source populations (populations where
local reproductive success is greater than local mortality (Meffe and
Carroll 1994, p. 187)). For the purposes of this designation, we
identified areas supporting source populations as those that are
currently occupied and have been consistently occupied for three or
more consecutive years based on survey data and published reports. We
believe these source populations are more likely to be capable of
maintaining populations over many years, and are therefore capable of
providing individuals to recruit into surrounding subpopulations. We
have also included other populations within each metapopulation in
addition to source populations in the event that the source population
is extirpated due to a catastrophic event such as a major flood or
drought.
(2) Areas that provide connectivity between metapopulations. These
areas are likely to act as ``stepping stones'' between more isolated
populations, and thereby contribute to metapopulation persistence and
genetic exchange. For the purposes of this designation, we identified
locations that provide connectivity as those within 6 mi (10 km) of
another occupied location.
We have determined that the specific areas within the geographical
area occupied at the time of listing are not sufficient to meet the
recovery goals for the species because:
(1) The Recovery Plan states that, to minimize the chance of local
extirpations resulting in extinction of a broader metapopulation (see
Background section) and resultant loss of its unique genetic traits,
introduction and reintroduction of the tidewater goby into suitable
habitat is necessary to recover the species (Service 2005, p. 29);
(2) There has been considerable loss and degradation of habitat
throughout the species' range since the time of listing;
(3) We anticipate a further loss of habitat in the future due to
sea-level rise resulting from climate change; and
(4) The species needs habitat areas that are arranged spatially in
a way that will maintain connectivity and allow dispersal within and
between units.
One example of the need to propose additional sites that are
outside the geographical area occupied at the time of listing is where
distances between areas occupied at the time of listing may make it
difficult for tidewater goby to disperse from one area to the next.
Another example is to help prevent the extirpation of a metapopulation
in which only one or two occupied sites remain. These areas that are
outside the geographical area occupied at the time of listing include
locations that are currently occupied and, in a few cases, ones that
were historically occupied. In some unoccupied areas proposed for
introduction or reintroduction, habitat would require some restoration,
for example, facilitation of a natural breaching regime, exotic
predator management, or freshwater inflow enhancement. For areas
outside the geographical area occupied at the time of listing, those
meeting the criteria below are proposed for designation in this revised
rule because they are essential for the conservation of the species:
(1) Areas of aquatic habitat in coastal lagoons and estuaries with
still-to-slow moving water that allow for the conservation of viable
metapopulations (as defined in the Background section above) under
varying environmental conditions, for example, drought. Areas that are
currently occupied may include those that presumably support source
populations (e.g., Malibu Lagoon).
(2) Areas that provide connectivity between source populations or
may provide connectivity in the future. These areas are likely to act
as ``stepping stones'' between more isolated populations, and thereby
contribute to metapopulation persistence and genetic exchange. For the
purposes of this designation, we identified locations that provide
connectivity as those within 6 mi (10 km) of another occupied location.
(3) Additional areas that may be more isolated but may represent
unique adaptations to local features (habitat variability, hydrology,
microclimate).
We did not propose to designate any unoccupied areas that are
highly degraded or fragmented and not likely restorable. Such areas
provide little or no long-term conservation value, and are not
essential for the conservation of the species.
By applying these criteria to the 26 recovery subunits described in
the Recovery Plan, we have identified 45 critical habitat units within
the geographical area occupied by the species at the time of listing
that we have determined contain the physical or biological features
essential to the conservation of the tidewater goby, and 20 critical
habitat units outside the geographical area occupied by the species at
the time of listing that we have determined are essential for the
conservation of the species. Please see Table 2, below, for the
occupancy status of each of the 65 proposed critical habitat units.
Mapping
After determining the lagoons and estuaries necessary for the
conservation of the tidewater goby by applying criteria outlined above,
the boundaries of each critical habitat unit were mapped. Unit
boundaries were based on several factors, including species occurrence
data that demonstrated where tidewater goby have been observed, the
presence of barriers and stream gradients that limit tidewater goby
movements, and the presence and extent of the essential physical or
biological features.
[[Page 65006]]
The geographic extent of each critical habitat unit was delineated,
in part, using existing digital data. To determine the lateral
boundaries of each critical habitat unit, we most frequently relied on
the Pacific Institute global climate change model and National Wetland
Inventory (NWI) maps that were prepared by the Service in 2006. The NWI
maps are based on the Cowardin classification system (Cowardin et al.
1979, pp. 1-103). The Service has adopted this classification system as
its official standard to describe wetland and deepwater habitats.
Specifically, the following wetland types based on Cowardin (1979, p.
5) were used to delineate unit boundaries: Lake, Estuarine and Marine
Deepwater, Estuarine and Marine Wetland, Freshwater Pond, Freshwater
Emergent Wetland, Freshwater Forested/Shrub Wetland, and Riverine.
These wetland types have, or are likely to have, components of the PCEs
at various times throughout the year depending on the season and
environmental factors, such as storm or drought events. In some cases,
we used existing anthropogenic structures, such as concrete or riprap
channel linings that occur within wetland habitat types, to delineate
the lateral boundaries of units. To a lesser extent, we also used
aerial imagery from the National Agricultural Imagery Program (NAIP) to
delineate the lateral boundaries of a critical habitat unit where
insufficient NWI data were available.
The precise location of tidewater goby habitat at a particular
locality may vary on a daily, seasonal, and annual basis; the habitats
occupied by tidewater goby exist in a dynamic environment that varies
over time. For example, the size and lateral extent of a coastal lagoon
or estuary varies with daily tide cycles. Flood events may also change
the precise location where surface water exists within a given lagoon,
estuary, backwater marsh, or freshwater tributary. Therefore, it is
appropriate to delineate each critical habitat unit to encompass the
entire area that may be occupied by tidewater goby on a daily,
seasonal, and annual basis. This was accomplished by using the
boundaries delineated on the NWI maps to determine the lateral extent
of each unit.
The delineation of the farthest upstream extent of a particular
critical habitat unit was determined using one of four features that
include: (1) The average distance that tidewater goby are known to move
upstream from the ocean (3.8 mi (6.1 km)), (2) the presence of
barriers, such as culverts that may prevent tidewater goby from moving
upstream, (3) the presence of a vertical drop, for example more than 4
to 8 in (10 to 20 cm) high, or steep gradient that precludes tidewater
goby from swimming upstream or can act as a barrier that makes it less
likely tidewater goby will be able to swim upstream (Swift et al. 1997,
p. 20)), or (4) limited surface water in the tributary up-gradient from
the lagoon or estuary. Each of the above features describes a barrier
to upstream movement; therefore, the upstream extent of a particular
unit was determined by whichever barrier was identified first through
the mapping process regardless of whether or not components of the PCE
were still present above it.
When determining revisions to critical habitat boundaries for this
proposed rule, we made every effort to avoid developed areas, such as
lands covered by buildings, pavement, and other structures, because
such lands lack the physical or biological features for the tidewater
goby. The scale of the maps we prepared under the parameters for
publication within the Code of Federal Regulations may not reflect the
exclusion of such developed lands. Any such lands inadvertently left
inside critical habitat boundaries shown on the maps of this revised
critical habitat are excluded by text in this proposed rule. Therefore,
if the critical habitat is finalized as proposed, a Federal action
involving these lands would not trigger section 7 consultation with
respect to critical habitat and the requirement of no adverse
modification, unless the specific action may affect the physical or
biological features in the adjacent critical habitat.
We are proposing for designation of critical habitat lands that we
have determined are within the geographical area occupied by the
species at the time of listing and contain those physical or biological
features necessary to support life-history processes essential to the
conservation of the species, and lands outside of the geographical area
occupied at the time of listing that we have determined are essential
for the conservation of tidewater goby.
Units within the geographical area occupied at the time of listing
are proposed for designation based on one or more components of the PCE
being present to support tidewater goby life-history processes. Some
units contain all of the identified elements of physical or biological
features and support multiple life-history processes. Some units
contain only some elements necessary to support the tidewater goby, but
nevertheless provide the physical or biological features essential to
the conservation of the species.
Summary of Changes From Previously Designated Critical Habitat
On January 31, 2008, we designated 44 coastal stream segments in
Del Norte, Humboldt, Mendocino, Sonoma, Marin, San Mateo, Santa Cruz,
Monterey, San Luis Obispo, Santa Barbara, Ventura, and Los Angeles
Counties, California, totaling approximately 10,003 ac (4,053 ha) (73
FR 5920). We are proposing to revise this designation to a total of
approximately 12,157 ac (4,920 ha) consisting of 65 critical habitat
units. This is an increase of approximately 2,154 ac (867 ha) from the
currently designated critical habitat. As a result of the additional
units, some of the unit names have changed. In this section we present
the differences between what was designated in 2008 and what is
included in this proposed designation.
(1) Our analysis of new and updated information received since the
2008 critical habitat designation (73 FR 5920) resulted in the
identification of areas meeting the definition of critical habitat that
differ from the areas identified in 2008. We added and revised areas
that meet the definition of critical habitat. Based on our current
knowledge of the status and distribution of the species and life
history requirements, we believe that including in this proposed rule
some areas that were not previously identified as meeting the
definition of critical habitat better supports the overall survival and
conservation objectives for the species.
(2) We added information related to the genetics of the species
rangewide and new distribution data that have become available to us
following our 2008 designation (see Background section above).
As a result of the above, we are proposing to designate 12,157 ac
(4,920 ha) as critical habitat in this revised rule (Table 1). The
lands proposed for designation as critical habitat include areas in Del
Norte, Humboldt, Mendocino, Sonoma, Marin, San Mateo, Santa Cruz,
Monterey, San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange,
and San Diego Counties, California.
[[Page 65007]]
Table 1--A Comparison of the Areas (in Acres and Hectares) Identified as Meeting the Definition of Critical
Habitat for Tidewater Goby in the 2008 Final Critical Habitat Designation and This 2011 Proposed Revised
Critical Habitat Designation
----------------------------------------------------------------------------------------------------------------
Unit Name 2008 2011
----------------------------------------------------------------------------------------------------------------
Acres Hectares Acres Hectares
----------------------------------------------------------------------------------------------------------------
Del Norte County
----------------------------------------------------------------------------------------------------------------
DN-1............................. Tillas Slough (Smith 0 0 21 8
River).
DN-2............................. Lake Earl/Lake Tolowa.... 2,682 1,085 2,683 1,086
---------------------------------------------------
Totals....................... ......................... 2,682 1,085 2,704 1,094
----------------------------------------------------------------------------------------------------------------
Humboldt County
----------------------------------------------------------------------------------------------------------------
HUM-1............................ Stone Lagoon............. 586 237 653 264
HUM-2............................ Big Lagoon............... 1,505 609 1,529 619
HUM-3............................ Humboldt Bay............. 1,478 598 839 339
HUM-4............................ Eel River................ 268 109 39 15
---------------------------------------------------
Totals....................... ......................... 3,837 1,553 3,060 1,237
----------------------------------------------------------------------------------------------------------------
Mendocino County
----------------------------------------------------------------------------------------------------------------
MEN-1............................ Ten Mile River........... 218 88 73 30
MEN-2............................ Virgin Creek............. 11 4 4 2
MEN-3............................ Pudding Creek............ 23 9 17 7
MEN-4............................ Davis Lake and Manchester 24 10 29 12
State Park Ponds.
---------------------------------------------------
Totals....................... ......................... 276 112 123 51
----------------------------------------------------------------------------------------------------------------
Sonoma County
----------------------------------------------------------------------------------------------------------------
SON-1............................ Salmon Creek............. 100 41 108 44
---------------------------------------------------
Totals....................... ......................... 100 41 108 44
----------------------------------------------------------------------------------------------------------------
Marin County
----------------------------------------------------------------------------------------------------------------
MAR-1............................ Estero Americano......... 295 120 465 188
MAR-2............................ Estero de San Antonio.... 178 72 285 115
MAR-3............................ Walker Creek............. 0 0 118 48
MAR-4............................ Lagunitas (Papermill) 849 344 998 405
Creek.
MAR-5............................ Bolinas Lagoon........... 0 0 1,114 451
MAR-6............................ Rodeo Lagoon............. 40 16 40 16
---------------------------------------------------
Totals....................... ......................... 1,362 551 3,020 1,223
----------------------------------------------------------------------------------------------------------------
San Mateo County
----------------------------------------------------------------------------------------------------------------
SM-1............................. San Gregorio Creek....... 39 16 45 18
SM-2............................. Pomponio Creek........... 0 0 7 3
SM-3............................. Pescadero-Butano Creek... 218 88 245 99
SM-4............................. Bean Hollow Creek (Arroyo 10 4 10 4
de Los Frijoles).
---------------------------------------------------
Totals....................... ......................... 267 108 307 124
----------------------------------------------------------------------------------------------------------------
Santa Cruz County
----------------------------------------------------------------------------------------------------------------
SC-1............................. Waddell Creek............ 0 0 75 30
SC-2............................. Scott Creek.............. 0 0 74 30
SC-3............................. Laguna Creek............. 26 11 26 11
SC-4............................. Baldwin Creek............ 17 7 27 11
SC-5............................. Moore Creek.............. 0 0 15 6
SC-6............................. Corcoran Lagoon.......... 32 12 28 11
SC-7............................. Aptos Creek.............. 3 1 9 4
SC-8............................. Pajaro River............. 176 71 215 87
---------------------------------------------------
Totals....................... ......................... 254 103 469 190
----------------------------------------------------------------------------------------------------------------
Monterey County
----------------------------------------------------------------------------------------------------------------
MN-1............................. Bennett Slough........... 155 63 167 68
MN-2............................. Salinas River............ 0 0 466 189
---------------------------------------------------
[[Page 65008]]
Totals....................... ......................... 155 63 633 257
----------------------------------------------------------------------------------------------------------------
San Luis Obispo County
----------------------------------------------------------------------------------------------------------------
SLO-1............................ Arroyo de la Cruz........ 0 0 33 13
SLO-2............................ Arroyo del Corral........ 5 2 5 3
SLO-3............................ Oak Knoll Creek (Arroyo 3 1 5 3
Laguna).
SLO-4............................ Little Pico Creek........ 2 1 9 4
SLO-5............................ San Simeon Creek......... 16 7 17 7
SLO-6............................ Villa Creek.............. 5 2 15 7
SLO-7............................ San Geronimo Creek....... 1 1 1 1
SLO-8............................ Toro Creek............... 0 0 9 4
SLO-9............................ Los Osos Creek........... 0 0 73 30
SLO-10........................... San Luis Obispo Creek.... 0 0 31 12
SLO-11........................... Pismo Creek.............. 18 8 20 9
SLO-12........................... Oso Flaco Lake........... 0 0 171 69
---------------------------------------------------
Totals....................... ......................... 50 20 389 162
----------------------------------------------------------------------------------------------------------------
Santa Barbara County
----------------------------------------------------------------------------------------------------------------
SB-1............................. Santa Maria River........ 468 189 474 192
SB-2............................. Ca[ntilde]ada de las 1 1 1 1
Agujas.
SB-3............................. Ca[ntilde]ada de Santa 3 1 3 1
Anita.
SB-4............................. Ca[ntilde]ada de Alegria. 1 1 2 1
SB-5............................. Ca[ntilde]ada del Agua 1 1 1 1
Caliente.
SB-6............................. Gaviota Creek............ 9 4 11 5
SB-7............................. Arroyo Hondo............. 0 0 1 1
SB-8............................. Winchester/Bell Canyon... 6 3 6 3
SB-9............................. Goleta Slough............ 0 0 190 76
SB-10............................ Arroyo Burro............. 2 1 3 1
SB-11............................ Mission Creek-Laguna 14 6 7 3
Channel.
SB-12............................ Arroyo Paredon........... 0 0 4 3
---------------------------------------------------
Totals....................... ......................... 505 204 703 288
----------------------------------------------------------------------------------------------------------------
Ventura County
----------------------------------------------------------------------------------------------------------------
VEN-1............................ Ventura River............ 51 20 50 21
VEN-2............................ Santa Clara River........ 350 142 322 130
VEN-3............................ J Street Drain-Ormond 45 18 121 49
Lagoon.
VEN-4............................ Big Sycamore Canyon...... 0 0 1 1
---------------------------------------------------
Totals....................... ......................... 446 180 495 201
----------------------------------------------------------------------------------------------------------------
Los Angeles County
----------------------------------------------------------------------------------------------------------------
LA-1............................. Arroyo Sequit............ 0 0 1 1
LA-2............................. Zuma Canyon.............. 0 0 5 2
LA-3............................. Malibu Lagoon............ 64 27 64 27
LA-4............................. Topanga Creek............ 5 2 6 2
---------------------------------------------------
Totals....................... ......................... 69 29 76 32
----------------------------------------------------------------------------------------------------------------
Orange County
----------------------------------------------------------------------------------------------------------------
OR-1............................. Aliso Creek.............. 0 0 14 5
---------------------------------------------------
Totals....................... ......................... 0 0 14 5
----------------------------------------------------------------------------------------------------------------
San Diego
----------------------------------------------------------------------------------------------------------------
SAN-1............................ San Luis Rey River....... 0 0 56 23
---------------------------------------------------
Totals....................... ......................... 0 0 56 23
===================================================
Grand Totals............. ......................... 10,003 4,053 12,157 4,920
----------------------------------------------------------------------------------------------------------------
[[Page 65009]]
Note: Area sizes may not sum due to rounding.
Proposed Revised Critical Habitat Designation
We are proposing 65 units as critical habitat for the tidewater
goby. The critical habitat areas we describe below constitute our
current best assessment of areas that meet the definition of critical
habitat for the tidewater goby. The 65 areas we propose as revised
critical habitat are listed in Table 2, which shows the occupancy
status of the units.
Table 2--Occupancy of Tidewater Goby by Proposed Revised Critical Habitat Units
--------------------------------------------------------------------------------------------------------------------------------------------------------
Within the geographical area occupied at
Unit Name time of listing? Currently occupied?
--------------------------------------------------------------------------------------------------------------------------------------------------------
DN-1................................ Tillas Slough (Smith Yes......................................... Yes.
River).
DN-2................................ Lake Earl/Lake Tolowa.. Yes......................................... Yes.
HUM-1............................... Stone Lagoon........... Yes......................................... Yes.
HUM-2............................... Big Lagoon............. Yes......................................... Yes.
HUM-3............................... Humboldt Bay........... Yes......................................... Yes.
HUM-4............................... Eel River.............. No.......................................... Yes.
MEN-1............................... Ten Mile River......... Yes......................................... Yes.
MEN-2............................... Virgin Creek........... Yes......................................... Yes.
MEN-3............................... Pudding Creek.......... Yes......................................... Yes.
MEN-4............................... Davis Lake and Yes......................................... Yes.
Manchester State Park
Ponds.
SON-1............................... Salmon Creek........... Yes......................................... Yes.
MAR-1............................... Estero Americano....... Yes......................................... Yes.
MAR-2............................... Estero de San Antonio.. Yes......................................... Yes.
MAR-3............................... Walker Creek........... No.......................................... No.
MAR-4............................... Lagunitas (Papermill) No.......................................... Yes.
Creek.
MAR-5............................... Bolinas Lagoon......... No.......................................... No.
MAR-6............................... Rodeo Lagoon........... Yes......................................... Yes.
SM-1................................ San Gregorio Creek..... Yes......................................... Yes.
SM-2................................ Pomponio Creek......... No.......................................... No.
SM-3................................ Pescadero-Butano Creek. Yes......................................... Yes.
SM-4................................ Bean Hollow Creek Yes......................................... Yes.
(Arroyo de Los
Frijoles).
SC-1................................ Waddell Creek.......... Yes......................................... No.
SC-2................................ Scott Creek............ No.......................................... Yes.
SC-3................................ Laguna Creek........... Yes......................................... Yes.
SC-4................................ Baldwin Creek.......... Yes......................................... Yes.
SC-5................................ Moore Creek............ Yes......................................... Yes.
SC-6................................ Corcoran Lagoon........ Yes......................................... Yes.
SC-7................................ Aptos Creek............ Yes......................................... Yes.
SC-8................................ Pajaro River........... Yes......................................... Yes.
MN-1................................ Bennett Slough......... Yes......................................... Yes.
MN-2................................ Salinas River.......... No.......................................... No.
SLO-1............................... Arroyo de la Cruz...... No.......................................... No.
SLO-2............................... Arroyo del Corral...... Yes......................................... Yes.
SLO-3............................... Oak Knoll Creek (Arroyo Yes......................................... Yes.
Laguna).
SLO-4............................... Little Pico Creek...... Yes......................................... Yes.
SLO-5............................... San Simeon Creek....... Yes......................................... Yes.
SLO-6............................... Villa Creek............ Yes......................................... Yes.
SLO-7............................... San Geronimo Creek..... Yes......................................... Yes.
SLO-8............................... Toro Creek............. Yes......................................... Yes.
SLO-9............................... Los Osos Creek......... No.......................................... Yes.
SLO-10.............................. San Luis Obispo Creek.. Yes......................................... Yes.
SLO-11.............................. Pismo Creek............ Yes......................................... Yes.
SLO-12.............................. Oso Flaco Lake......... No.......................................... No.
SB-1................................ Santa Maria River...... Yes......................................... Yes.
SB-2................................ Ca[ntilde]ada de las Yes......................................... Yes.
Agujas.
SB-3................................ Ca[ntilde]ada de Santa Yes......................................... Yes.
Anita.
SB-4................................ Ca[ntilde]ada de Yes......................................... Yes.
Alegria.
SB-5................................ Ca[ntilde]ada del Agua Yes......................................... Yes.
Caliente.
SB-6................................ Gaviota Creek.......... Yes......................................... Yes.
SB-7................................ Arroyo Hondo........... No.......................................... Yes.
SB-8................................ Winchester/Bell Canyon. Yes......................................... Yes.
SB-9................................ Goleta Slough.......... No.......................................... Yes.
SB-10............................... Arroyo Burro........... No.......................................... Yes.
SB-11............................... Mission Creek-Laguna Yes......................................... Yes.
Channel.
SB-12............................... Arroyo Paredon......... No.......................................... Yes.
VEN-1............................... Ventura River.......... Yes......................................... Yes.
VEN-2............................... Santa Clara River...... Yes......................................... Yes.
VEN-3............................... J Street Drain-Ormond Yes......................................... Yes.
Lagoon.
VEN-4............................... Big Sycamore Canyon.... No.......................................... Yes.
LA-1................................ Arroyo Sequit.......... No.......................................... No.
LA-2................................ Zuma Canyon............ No.......................................... No.
LA-3................................ Malibu Lagoon.......... Yes......................................... Yes.
LA-4................................ Topanga Creek.......... No.......................................... Yes.
OR-1................................ Aliso Creek............ No.......................................... No.
[[Page 65010]]
SAN-1............................... San Luis Rey River..... No.......................................... Yes.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3 below provides the approximate area, by unit and
landownership, proposed for revised designation of critical habitat for
the tidewater goby.
Table 3--Critical Habitat Units Proposed for the Tidewater Goby (in Acres and Hectares) and Known Threats That May Require Special Management
Considerations or Protection of the Essential Physical or Biological Features for Units Within the Geographical Area Occupied by the Species at the Time
of Listing
--------------------------------------------------------------------------------------------------------------------------------------------------------
Known threats
that may
require
special
management
Unit name Federal State Local Private Total \1\ considerations
or protection
of the
essential
features \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
DN-1: Tillas Slough (Smith River)....................... 0(0) 0(0) 0(0) 21(8) 21(8) 2,3,5
DN-2: Lake Earl/Lake Tolowa............................. 0(0) 2,335(945) 0(0) 348(141) 2,683(1,086) 1,4
HUM-1: Stone Lagoon..................................... 0(0) 653(264) 0(0) 0(0) 653(264) 4
HUM-2: Big Lagoon....................................... 0(0) 1,527(618) 0(0) 2(1) 1,529(619) 4
HUM-3: Humboldt Bay..................................... 652(264) 61(24) 45(18) 81(33) 839(339) 1,3,4,5
HUM-4: Eel River........................................ 0(0) 5(2) 0(0) 34(13) 39(15) N/A
MEN-1: Ten Mile River................................... 0(0) 17(7) 0(0) 56(23) 73(30) 4
MEN-2: Virgin Creek..................................... 0(0) 2(1) 0(0) 2(1) 4(2) 1,4
MEN-3: Pudding Creek.................................... 0(0) 10(4) 1(1) 6(2) 17(7) 1,4
MEN-4: Davis Lake and Manchester State Park Ponds....... 0(0) 29(12) 0(0) 0(0) 29(12) 4
SON-1: Salmon Creek..................................... 0(0) 47(19) 14(6) 47(19) 108(44) 1,2,4,5
MAR-1: Estero Americano................................. 0(0) 0(0) 0(0) 465(188) 465(188) 1,4,5
MAR-2: Estero De San Antonio............................ 0(0) 0(0) 0(0) 285(115) 285(115) 1,2,4,5
MAR-3: Walker Creek..................................... 0(0) 9(4) 0(0) 109(44) 118(48) N/A
MAR-4: Lagunitas (Papermill) Creek...................... 318(129) 459(186) 0(0) 221(90) 998(405) N/A
MAR-5: Bolinas Lagoon................................... 29(12) 0(0) 1,048(424) 37(15) 1,114(451) N/A
MAR-6: Rodeo Lagoon..................................... 40(16) 0(0) 0(0) 0(0) 40(16) 1
SM-1: San Gregorio Creek................................ 0(0) 33(13) 0(0) 12(5) 45(18) 1,3
SM-2: Pomponio Creek.................................... 0(0) 1(1) 0(0) 6(2) 7(3) N/A
SM-3: Pescadero-Butano Creek............................ 0(0) 241(97) 0(0) 4(2) 245(99) 1,3,4
SM-4: Bean Hollow Creek (Arroyo de Los Frijoles)........ 0(0) 3(1) 0(0) 7(3) 10(4) 1,2
SC-1: Waddell Creek..................................... 0(0) 39(16) 0(0) 36(14) 75(30) 3,4
SC-2: Scott Creek....................................... 0(0) 66(27) 6(2) 2(1) 74(30) N/A
SC-3: Laguna Creek...................................... 0(0) 26(11) 0(0) 0(0) 26(11) 2,4
SC-4: Baldwin Creek..................................... 0(0) 27(11) 0(0) 0(0) 27(11) 2,4
SC-5: Moore Creek....................................... 15(6) 0(0) 0(0) 0(0) 15(6) 2,4
SC-6: Corcoran Lagoon................................... 0(0) 1(1) 6(2) 21(8) 28(11) 1,4
SC-7: Aptos Creek....................................... 0(0) 9(4) 0(0) 0(0) 9(4) 1,3,4
SC-8: Pajaro River...................................... 0(0) 158(64) 11(4) 46(19) 215(87) 1,3,4
MN-1: Bennett Slough.................................... 0(0) 108(44) 5(2) 54(22) 167(68) 1,2,3,4
MN-2: Salinas River..................................... 195(79) 33(13) 1(1) 237(96) 466(189) N/A
SLO-1: Arroyo de la Cruz................................ 0(0) 25(10) 0(0) 8(3) 34(13) N/A
SLO-2: Arroyo del Corral................................ 0(0) 4(2) 0(0) 1(1) 5(3) 1,5
SLO-3: Oak Knoll Creek (Arroyo Laguna).................. 0(0) 4(2) 0(0) 1(1) 5(3) 1,3
SLO-4: Little Pico Creek................................ 0(0) 2(1) 0(0) 7(3) 9(4) 5
SLO-5: San Simeon Creek................................. 0(0) 17(7) 0(0) 0(0) 17(7) 2,4,5
SLO-6: Villa Creek...................................... 0(0) 14(6) 0(0) 1(1) 15(7) 1,2,4,5
SLO-7: San Geronimo Creek............................... 0(0) 1(1) 0(0) 0(0) 1(1) 5
SLO-8: Toro Creek....................................... 0(0) 1(1) 0(0) 8(3) 9(4) 2,3,4
SLO-9: Los Osos Creek................................... 0(0) 62(25) 1(1) 10(4) 73(30) N/A
SLO-10: San Luis Obispo Creek........................... 0(0) 0(0) 3(1) 28(11) 31(12) 1,2,3,4
SLO-11: Pismo Creek..................................... 0(0) 14(6) 1(1) 5(2) 20(9) 1,3,4
SLO-12: Oso Flaco Lake.................................. 0(0) 165(67) 0(0) 6(2) 171(69) N/A
SB-1: Santa Maria River................................. 0(0) 0(0) 42(17) 432(174) 474(192) 1,2,4,5
SB-2: Ca[ntilde]ada de las Agujas....................... 0(0) 0(0) 0(0) 1(1) 1(1) 1,4
[[Page 65011]]
SB-3: Ca[ntilde]ada de Santa Anita...................... 0(0) 0(0) 0(0) 3(1) 3(1) 4
SB-4: Ca[ntilde]ada de Alegria.......................... 0(0) 0(0) 0(0) 2(1) 2(1) 1,2,4,5
SB-5: Ca[ntilde]ada del Agua Caliente................... 0(0) 0(0) 0(0) 1(1) 1(1) 1,4
SB-6: Gaviota Creek..................................... 0(0) 10(4) 0(0) 1(1) 11(5) 1,3,4,5
SB-7: Arroyo Hondo...................................... 0(0) 0(0) 0(0) 1(1) 1(1) N/A
SB-8: Winchester/Bell Canyon............................ 0(0) 0(0) 1(1) 5(2) 6(3) 4
SB-9: Goleta Slough..................................... 0(0) 0(0) 164(66) 26(10) 190(76) N/A
SB-10: Arroyo Burro..................................... 0(0) 0(0) 3(1) 0(0) 3(1) N/A
SB-11: Mission Creek-Laguna Channel..................... 0(0) 3(1) 4(2) 0(0) 7(3) 1,3,4
SB-12: Arroyo Paredon................................... 0(0) 1(1) 1(1) 2(1) 4(3) N/A
VEN-1: Ventura River.................................... 0(0) 25(10) 16(7) 9(4) 50(20) 1,2,3,4
VEN-2: Santa Clara River................................ 0(0) 199(80) 14(6) 110(44) 323(130) 1,2,3,4
VEN-3: J Street Drain-Ormond Lagoon..................... 0(0) 5(2) 49(20) 67(27) 121(49) 1,3,4
VEN-4: Big Sycamore Canyon.............................. 0(0) 1(1) 0(0) 0(0) 1(1) N/A
LA-1: Arroyo Sequit..................................... 0(0) 1(1) 0(0) 0(0) 1(1) N/A
LA-2: Zuma Canyon....................................... 0(0) 0(0) 5(2) 0(0) 5(2) N/A
LA-3: Malibu Lagoon..................................... 0(0) 41(17) 1(1) 22(9) 64(27) 1,2,3,4
LA-4: Topanga Creek..................................... 0(0) 4(1) 0(0) 2(1) 6(2) N/A
OR-1: Aliso Creek....................................... 0(0) 0(0) 8(3) 6(2) 14(5) N/A
SAN-1: San Luis Rey River............................... 0(0) 3(1) 49(20) 4(2) 56(23) N/A
-----------------------------------------------------------------------------------------------
Total\1\............................................ 1,249(506) 6,501(2,636) 1,501(611) 2,906(1,177) 12,157(4,920) ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.
\1\Area estimates in ac (ha) reflect the entire area within the proposed revised critical habitat unit boundaries. Area estimates are rounded to the
nearest whole integer that is equal to or greater than 1.
\2\ Codes of known threats that may require special management considerations or protection of the essential physical or biological features are as
follows:
1. Coastal development projects that result in the loss or alteration of coastal wetland habitat affecting the PCE 1a, 1b, or 1c.
2. Water diversions, alterations of water flows, and groundwater overdrafting upstream of coastal lagoons and estuaries that negatively impact the
species' breeding and foraging activities and the PCE 1a, or 1b.
3. Channelization of habitats where the species occurs affecting the PCE 1a, 1b, or 1c.
4. Non-point and point source pollution or discharge of agricultural and sewage effluents that are likely to impact the species' health or breeding and
foraging activities and the PCE.
5. Cattle grazing that results in increased sedimentation of coastal lagoons and riparian habitats, removes vegetative cover, increases ambient water
temperatures, and eliminates plunge pools and undercut banks utilized by tidewater goby affecting the PCE. N/A--Not applicable because location is
outside the geographical area occupied by the species at the time of listing.
We present brief descriptions of all units, and reasons why they
meet the definition of critical habitat for tidewater goby, below. The
first two or three letters in the code for each proposed revised
critical habitat unit description reflect the county where the unit
occurs: DN = Del Norte, HUM = Humboldt, MEN = Mendocino, SON = Sonoma,
MAR = Marin, SM = San Mateo, SC = Santa Cruz, MN = Monterey, SLO = San
Luis Obispo, SB = Santa Barbara, VEN = Ventura, LA = Los Angeles, OR =
Orange, and SAN = San Diego. In Tables 1-3 above, these units are
listed in sequential order from north to south. For the purposes of
this document, the term ``local ownership'' refers to land owned or
managed by a city, county, or municipal government entity.
DN-1: Tillas Slough (21 ac (8 ha))
This unit is located in Del Norte County, approximately 3.0 mi (4.8
km) west of the community of Smith River. The unit encompasses
approximately 21 ac (8.0 ha), and consists entirely of private lands.
DN-1 is located 8.0 mi (12.8 km) north of Lake Earl/Lake Tolowa (DN-2),
which is also the next nearest extant population. DN-1 was occupied at
the time of listing. This unit has the northernmost tidewater goby
population rangewide. DN-1 will support the recovery of the tidewater
goby population along this portion of the coast. This unit is important
for maintaining the tidewater goby metapopulation in the region, and
may play an important role in dispersal northwards and extending the
range of the tidewater goby. This could prove critical if certain
factors, such as climate change, adversely impact the tidewater goby
habitat locally or to the south. A culvert that serves as a grade
control structure, which mutes the tide cycle, provides relatively
stable water levels in this unit (PCE 1c). PCE 1a and 1b occur
throughout the unit, although their precise location during any
particular time period may change in response to seasonal fluctuations
in precipitation and tidal inundation. The physical or biological
features essential to the conservation of the species in this unit may
require special management considerations or protection to address
threats described in Table 3. Please see Special Management
Considerations or Protection section of this rule for a discussion of
the threats to tidewater
[[Page 65012]]
goby habitat and potential management considerations.
DN-2: Lake Earl/Lake Tolowa (2,683 ac (1,086 ha))
This unit is located in Del Norte County, approximately 3 mi (4.8
km) north of the town of Crescent City. The unit encompasses
approximately 2,683 ac (1,086 ha), and consists of 2,335 ac (945 ha) of
State lands and 348 ac (140 ha) of private lands. This unit includes
two contiguous lagoons (Lake Tolowa and Lake Earl), referred to
collectively as Lake Earl. DN-2 is located 8.0 mi (12.8 km) south of
(DN-1), which is also the nearest extant population. DN-2 was occupied
at the time of listing. The tidewater goby population in this unit is
likely a source population for this region, and is therefore important
for maintaining the metapopulation in this region.
DN-2 is representative of extensive coastal lagoons and bays north
of Cape Mendocino formed over uplifting Holocene sediments on broad
flat coastal benches. These coastal benches include an intricate
network of estuaries and other channels that are features essential to
the conservation of the tidewater goby because they provide refugia
during seasonal floods and breeding habitat through the full range of
drought cycles. The water level and salinity within the lagoon varies
seasonally and annually in response to: (a) Periods of high
precipitation or drought within its watershed; (b) the timing,
duration, and frequency of breaching events; (c) the water level in the
lagoon at the time of breaching; and (d) ocean tidal cycles during and
immediately following a breach. As a result of natural and human-
induced environmental changes, maximum water depth within Lake Earl/
Lake Tolowa varies during an annual cycle from less than 5 ft (1.5 m)
deep to more than 10 ft (3 m) deep. The distribution of tidewater goby
and the PCE within Lake Earl/Lake Tolowa changes in response to these
dynamic short-term habitat conditions; over a multi-year cycle,
tidewater goby may persist and breed anywhere within the lagoon.
On an intermittent basis, DN-2 possesses a sandbar across the mouth
of the lagoon or estuary during the majority of the late spring,
summer, and fall that closes or partially closes the lagoon or estuary,
and thereby provides relatively stable conditions during those times
(PCE 1c). PCE 1a and 1b occur throughout the unit, although their
precise location during any particular time period may change in
response to seasonal fluctuations in precipitation and tidal
inundation. The physical or biological features essential to the
conservation of the species in this unit may require special management
considerations or protection to address threats described in Table 3.
Please see Special Management Considerations or Protection section of
this rule for a discussion of the threats to tidewater goby habitat and
potential management considerations.
HUM-1: Stone Lagoon (653 ac (264 ha))
This unit is located in Humboldt County, approximately 11 mi (18
km) north of the City of Trinidad. The unit encompasses approximately
653 ac (264 ha), and consists entirely of State lands. HUM-1 is located
3.1 mi (5.0 km) north of Big Lagoon (HUM-2), which is also the nearest
extant population. HUM-1 was occupied at the time of listing. The
tidewater goby population in this unit is likely a source population
for this region, and is therefore important for maintaining the
metapopulation in this region. HUM-1 will also support the recovery of
tidewater goby populations along this portion of the coast.
Of special concern is the threat to Stone Lagoon from the potential
for accidental introduction of New Zealand mud snails (NZMS;
Potamopyrgus antipodarum) from nearby Big Lagoon (HUM-2) and Freshwater
Lagoon (not proposed as critical habitat), which are currently infested
with NZMS. NZMS have spread throughout the western United States since
becoming established in Idaho and Montana approximately 25 years ago.
Once in a new habitat, NZMS typically have explosive population growth.
Their large population numbers can drastically alter natural ecosystems
with the NZMS competing with native species. Recreational fishing and
boating occurs at Stone, Big, and Freshwater Lagoons. Introduction of
NZMS to Stone Lagoon is likely to occur through foot traffic and boat
launching from the two infested lagoons. Additional threats include the
accidental introduction of other exotic aquatic species from outside
the local area, including quagga mussels (Dreissena rostriformis) and
zebra mussels (Dreissena polymorpha), which may also drastically alter
the natural ecosystem of Stone Lagoon.
On an intermittent basis, HUM-1 possesses a sandbar across the
mouth of the lagoon or estuary during the majority of the late spring,
summer, and fall that closes or partially closes the lagoon or estuary,
and thereby provides relatively stable conditions (PCE 1c). PCE 1a and
1b occur throughout the unit, although their precise location during
any particular time period may change in response to seasonal
fluctuations in precipitation and tidal inundation. The physical or
biological features essential to the conservation of the species in
this unit may require special management considerations or protection
to address threats described in Table 3. Please see Special Management
Considerations or Protection section of this rule for a discussion of
the threats to tidewater goby habitat and potential management
considerations.
HUM-2: Big Lagoon (1,529 ac (619 ha))
This unit is located in Humboldt County, approximately 7 mi (11 km)
north of the City of Trinidad. The unit encompasses approximately 1,529
ac (619 ha), and consists of 1,527 ac (618 ha) of State lands and 2 ac
(1 ha) of private lands. HUM-2 is located 3.1 mi (5.0 km) south of
Stone Lagoon (HUM-1), which is also the nearest extant population. HUM-
2 was occupied at the time of listing. The tidewater goby population in
this unit is likely a source population for this region, and is
therefore important for maintaining the metapopulation in this region.
HUM-2 will also support the recovery of tidewater goby populations
along this portion of the coast.
Mark and recapture surveys for tidewater goby were conducted by
Humboldt State University in a large cove near the State Park boat ramp
in Big Lagoon during the fall of 2008, 2009, and 2010, to estimate the
minimum tidewater goby population for each year (Kinziger, pers. comm.
2010). Results indicate that, in 2008, the tidewater goby population
was approximately 21,000 individuals. In 2009, the population was
approximately 1.7 to 3.4 million individuals in the cove. In 2010, the
population was approximately 30,000 individuals in the same cove. Based
on the results of this research, which estimated that the population
fluctuated between 21,000 and 1.7-3.4 million individuals, and the
relatively large size of the lagoon, Big Lagoon likely has the largest
and most robust tidewater goby population in northern California. The
results of the study also reflect how variable tidewater goby
population numbers can be from year to year in a given location.
On an intermittent basis, HUM-2 possesses a sandbar across the
mouth of the lagoon or estuary during the majority of the late spring,
summer, and fall that closes or partially closes the lagoon or estuary,
and thereby provides relatively stable conditions during those times
(PCE 1c). PCE 1a and 1b occur throughout the unit, although their
precise location during any particular
[[Page 65013]]
time period may change in response to seasonal fluctuations in
precipitation and tidal inundation. The physical or biological features
essential to the conservation of the species in this unit may require
special management considerations or protection to address threats
described in Table 3. Please see Special Management Considerations or
Protection section of this rule for a discussion of the threats to
tidewater goby habitat and potential management considerations.
HUM-3: Humboldt Bay (839 ac (339 ha))
This unit is located in Humboldt County, within an approximate 8-mi
(13-km) radius to the north, south, and east of the City of Eureka. The
unit encompasses approximately 839 ac (339 ha), and consists of 652 ac
(264 ha) of Federal lands, 61 ac (24 ha) of State lands, 45 ac (18 ha)
of local lands, and 81 ac (33 ha) of private lands. HUM-3 is located
18.4 mi (29.7 km) north of the Eel River (HUM-4), which is also the
nearest extant population. HUM-3 was occupied at the time of listing.
The tidewater goby population in this unit is likely a source
population for this region, and is therefore important for maintaining
the metapopulation in this region. HUM-3 will also support the recovery
of tidewater goby populations along this portion of the coast. This
population may provide essential demographic and genetic support to
HUM-4, especially after periods of extreme floods, for example, after
the 1964 ``Christmas Flood'', when the population of tidewater goby at
the Eel River estuary may have been extirpated.
Humboldt Bay and its adjacent marshes and estuaries are a complex
mixture of natural and human-made aquatic features that have
experienced many decades of human-induced changes. These changes
include the construction of levees, tidegates, culverts, and other
water control structures, and extensive dredging of sandbars.
Surrounding the bay itself is a generally broad bench historically
dominated by mudflats, tidal marshes, estuarine channels, and brackish
marshes. Substantial portions of these habitats were converted to
agricultural, urban, and industrial uses in recent history, resulting
in the loss of as much as 10,000 ac (4,047 ha) of potentially suitable
tidewater goby habitat. This critical habitat unit consists of a
complex of interconnected estuary channels and human-made structures
along the eastern edge of Humboldt Bay, which collectively mimic, on a
much reduced scale, habitats largely lost through past management
practices. Many of these channels and marshes are themselves the result
of changes to historical habitats, and depend on specific, yet
generally undocumented, management activities, such as dredging or
sandbar breaches, for their continued function.
To address the dynamic variability of these habitats resulting from
seasonal and inter-annual precipitation differences, we have included
both the actual known locations where tidewater goby have been
documented, as well as portions of those channels contiguous to,
upchannel or downchannel, occupied habitat. We have not proposed
Humboldt Bay proper in critical habitat, nor have we proposed major
channels substantially subject to daily tidal fluctuations, as
tidewater goby are not known to breed there. Similarly, we have not
proposed channels that are discontiguous with occupied habitat, nor
have we included intervening marsh or agricultural lands that may
occasionally be flooded during severe winter storm events.
Based on several recent surveys, we have found that the precise
locations of tidewater goby use within the channel complex during any
particular year may change in response to variations in precipitation
and channel hydrology. We anticipate that the persistence of the
tidewater goby source population within this unit may require
protection of lagoons and estuaries that are not occupied every year,
but collectively support a source population through an interconnected
complex of channels and shallow water habitats. That is, any of the
several known occupied locations within a channel complex may be used
by tidewater goby during various years in response to dynamic habitat
conditions during seasonal, annual, and longer term climatic cycles,
such as drought. Recently, significant restoration efforts directed
primarily at salmonid recovery have occurred, or are anticipated to
occur, within areas proposed as critical habitat. The effects of these
salmonid restoration efforts to tidewater goby are unknown, and will
likely vary with their design features and location.
PCE 1c (a sandbar(s) across the mouth of a lagoon or estuary) is
not likely to occur within this unit because a navigable, dredged
channel with a permanent open connection to the ocean is maintained on
a regular basis. PCE 1a and 1b occur throughout the unit, although
their precise location during any particular time period may change in
response to seasonal fluctuations in precipitation and tidal
inundation. The physical or biological features essential to the
conservation of the species in this unit may require special management
considerations or protection to address threats described in Table 3.
Please see Special Management Considerations or Protection section of
this rule for a discussion of the threats to tidewater goby habitat and
potential management considerations.
HUM-4: Eel River (39 ac (15 ha))
This unit is located in Humboldt County, approximately 4.0 mi (6.5
ha) northwest of the City of Ferndale. The unit consists of two
subunits, totaling 5 ac (2 ha) of State lands and 34 ac (13 ha) of
private lands. Both subunits are outside the geographical area occupied
by the species at the time of listing but are now occupied. The Eel
River estuary is similar to Humboldt Bay (HUM-3) in that tidewater goby
populations have been found in isolated populations in severely and
artificially fragmented habitats, which are often found behind
tidegates, culverts, and other man-made structures. In Humboldt Bay
(HUM-3), McCraney et al. (2010, p. 3315) found that artificial
fragmentation reduced dispersal and gene flow in these populations. The
same may be true for the Eel River estuary populations with isolated
populations that are genetically distinct from each other. Therefore,
until additional information is available regarding population
genetics, distribution, and other parameters, we recommend that these
two areas, the Eel River North Area (Subunit-4a) and the Eel River
South Area (Subunit-4b), be considered distinct from each other.
Artificially fragmented habitats in the Eel River estuary may have
genetically isolated or weakened populations of tidewater goby, as has
been identified in Humboldt Bay (HUM-3) (McCraney et al. 2010, p.
3315). Current and proposed estuarine restoration projects in the Eel
River estuary may improve dispersal of tidewater goby, increase genetic
diversity, and aid in recovery of the species in these locations as
well.
Subunit-4a (Eel River North Area)
Subunit-4a encompasses approximately 16 ac (6 ha), and consists of
5 ac (2 ha) of State lands and 11 ac (4 ha) of private lands. Subunit-
4a is located 18.4 mi (29.7 km) south of Humboldt Bay (HUM-3), which is
also the nearest extant population. This subunit is essential for the
conservation of the species because it possesses ecological
characteristics that are important in maintaining the species' ability
to adapt to changing environments, including the ability to disperse
into higher channels and marsh habitat during severe flood events. The
[[Page 65014]]
Eel River delta includes a large, complex estuary with a network of
diked and natural slough channels with suitable tidewater goby habitat.
The Eel River delta contains many small unsurveyed slough channels and
other backwater areas that provide suitable habitat for tidewater goby,
but it also contains larger channels open to direct tidal influence
that do not provide suitable habitat and are not included in this
subunit. This subunit consists of backwater channels and immediately
adjacent marsh contiguous to the known occupied habitat.
This unit is subject to infrequent, yet severe, flooding from the
nearby Eel River proper. The major flood event of 1964 (``Christmas
Flood''), and other major floods during the past century, may have
severely altered habitat in most channels, including those currently
occupied. Tidewater goby may have survived the flood and resulting loss
of habitat in the refugia provided in upper channels and swales.
Alternatively, the species may have been extirpated at the Eel River
delta during those severe events, and become reestablished through
recolonization by individuals from Humboldt Bay populations (HUM-3). Of
particular importance, the Eel River location is at the north end of
one of the largest natural geographic gaps in the tidewater goby's
geographic range. The gap extends to the Ten Mile River (Mendocino
County) to the south, representing a coastline distance in excess of
135 mi (217 km).
Although no tidewater goby surveys are known to have occurred in
the Eel River estuary prior to listing, we considered this area to be
unoccupied by the species until the Service discovered a new population
of tidewater goby in the Eel River estuary during surveys in 2004
(Goldsmith 2006b, p. 1). Although Subunit-4a was not considered
occupied at the time of listing, it does possess the PCE that could
support tidewater goby. On an intermittent basis, Subunit-4a possesses
a sandbar across the mouth of the lagoon or estuary during the majority
of the late spring, summer, and fall that closes or partially closes
the lagoon or estuary, and thereby provides relatively stable
conditions (PCE 1c). PCE 1a and 1b occur throughout the unit, although
their precise location during any particular time period may change in
response to seasonal fluctuations in precipitation and tidal
inundation.
Subunit-4b (Eel River South Area)
Subunit-4b encompasses approximately 23 ac (9 ha), and consists
entirely of private lands. Subunit-4b is located 18.4 mi (29.7 km)
south of Humboldt Bay (HUM-3), which is also the nearest extant
population. This subunit is essential for the conservation of the
species because it possesses ecological characteristics that are
important in maintaining the species' ability to adapt to changing
environments, including the ability to disperse into higher channels
and marsh habitat during severe flood events. The Southern Eel River
delta includes a large complex estuary with a network of diked and
natural slough channels, and other backwater areas that provide
suitable habitat for tidewater goby. It also contains larger channels
open to direct tidal influence that do not provide suitable habitat and
are not included in this unit. This unit consists of backwater channels
and immediately adjacent marsh contiguous to the known occupied
habitat.
This unit is subject to infrequent, yet severe, flooding from the
nearby Eel River proper. The major flood event of 1964 (``Christmas
Flood''), and other major floods during the past century, may have
severely altered habitat in most channels, including those currently
occupied. Tidewater goby may have survived the flood and resulting loss
of habitat in the refugia provided in upper channels and swales.
Alternatively, the species may have been extirpated at the Eel River
delta during those severe events, and become reestablished through
recolonization by individuals from Humboldt Bay populations (HUM-3). Of
particular importance, the Eel River location is at the north end of
one of the largest natural geographic gaps in the tidewater goby's
geographic range. The gap extends to the Ten Mile River (Mendocino
County) to the south, representing a coastline distance in excess of
135 mi (217 km).
Although no tidewater goby surveys are known to have occurred in
the Eel River estuary prior to listing, we considered this area to be
unoccupied by the species until the Service discovered a new population
of tidewater goby in the Eel River estuary during surveys in 2004
(Goldsmith 2006b, p. 1). Although Subunit-4b was not considered
occupied at the time of listing, it does possess the PCE that could
support tidewater goby. On an intermittent basis, Subunit-4b possesses
a sandbar across the mouth of the lagoon or estuary during the majority
of the late spring, summer, and fall that closes or partially closes
the lagoon or estuary, and thereby provides relatively stable
conditions (PCE 1c). PCE 1a and 1b occur throughout the unit, although
their precise location during any particular time period may change in
response to seasonal fluctuations in precipitation and tidal
inundation.
MEN-1: Ten Mile River (73 ac (30 ha))
This unit is located in Mendocino County, approximately 9.0 mi
(14.5 km) north of the Town of Fort Bragg. The unit encompasses
approximately 73 ac (30 ha), and consists of 17 ac (7 ha) of State
lands and 56 ac (23 ha) of private lands. MEN-1 is located 5.6 mi (8.9
km) north of the Virgin Creek (MEN-2), which is also the nearest extant
population. MEN-1 was occupied by tidewater goby at the time of
listing. The tidewater goby population in this unit is likely a source
population for this region, and is therefore important for maintaining
the metapopulation in this region. Furthermore, this unit is the
largest block of habitat along the coast of Mendocino County, and is
the first location on the southern end of one of the longest stretches
of unsuitable habitat in the species' range (previously described under
HUM-4). Thus, this unit is important to connect populations within
Mendocino County. South of Ten Mile River, only three other small
isolated locations (MEN-2, 3, 4) occupied by tidewater goby are known
to exist across the more than 100 miles of rugged coastline between
MEN-1 and SON-1 in south coastal Sonoma County.
On an intermittent basis, MEN-1 possesses a sandbar across the
mouth of the lagoon or estuary during the late spring, summer, and fall
that closes or partially closes the lagoon or estuary, and thereby
provides relatively stable conditions (PCE 1c). PCE 1a and 1b occur
throughout the unit, although their precise location during any
particular time period may change in response to seasonal fluctuations
in precipitation and tidal inundation. The physical or biological
features essential to the conservation of the species in this unit may
require special management considerations or protection to address
threats described in Table 3. Please see Special Management
Considerations or Protection section of this rule for a discussion of
the threats to tidewater goby habitat and potential management
considerations.
MEN-2: Virgin Creek (4 ac (2 ha))
This unit is located in Mendocino County, approximately 3.5 mi (5.6
km) north of the Town of Fort Bragg. The unit encompasses approximately
4 ac (2 ha), and consists of 2 ac (1 ha) of State lands and 2 ac (1 ha)
of private lands. MEN-2 is located 1.2 mi (2.0 km) north of Pudding
Creek (MEN-3), which is also the nearest extant population. MEN-2 was
occupied by tidewater goby
[[Page 65015]]
at the time of listing. The tidewater goby population in this unit is
likely a source population for this region, and is therefore important
for maintaining the metapopulation in this region. On an intermittent
basis, MEN-2 possesses a sandbar across the mouth of the lagoon or
estuary during the late spring, summer, and fall that closes or
partially closes the lagoon or estuary, and thereby provides relatively
stable conditions (PCE 1c). PCE 1a and 1b occur throughout the unit,
although their precise location during any particular time period may
change in response to seasonal fluctuations in precipitation and tidal
inundation. The physical or biological features essential to the
conservation of the species in this unit may require special management
considerations or protection to address threats described in Table 3.
Please see Special Management Considerations or Protection section of
this rule for a discussion of the threats to tidewater goby habitat and
potential management considerations.
MEN-3: Pudding Creek (17 ac (7 ha))
This unit is located in Mendocino County, approximately 2.5 mi (4.0
km) north of the town of Fort Bragg. The unit encompasses approximately
17 ac (7 ha), and consists of 10 ac (4 ha) of State lands, 1 ac (1 ha)
of local lands, and 6 ac (2 ha) of private lands. MEN-3 is located 1.2
mi (2.0 km) south of Virgin Creek (MEN-2), which is also the nearest
extant population. MEN-3 was occupied by the tidewater goby at the time
of listing. This unit allows for connectivity between tidewater goby
source populations, and thereby supports gene flow and metapopulation
dynamics in this region. On an intermittent basis, MEN-3 possesses a
sandbar across the mouth of the lagoon or estuary during the late
spring, summer, and fall that closes or partially closes the lagoon or
estuary, and thereby provides relatively stable conditions (PCE 1c).
PCE 1a and 1b occur throughout the unit, although their precise
location during any particular time period may change in response to
seasonal fluctuations in precipitation and tidal inundation. The
physical or biological features essential to the conservation of the
species in this unit may require special management considerations or
protection to address threats described in Table 3. Please see Special
Management Considerations or Protection section of this rule for a
discussion of the threats to tidewater goby habitat and potential
management considerations.
MEN-4: Davis Lake and Manchester State Park Ponds (29 ac (12 ha))
This unit is located in Mendocino County, approximately 1.2 mi (1.9
ha) west of the community of Manchester. The unit encompasses
approximately 29 ac (12 ha), and consists entirely of State lands. MEN-
4 is located 32.4 mi (52.2 km) south of Pudding Creek (MEN-3), which is
also the nearest extant population. MEN-4 was occupied by tidewater
goby at the time of listing. The tidewater goby population in this unit
is likely a source population for this region, and is therefore
important for maintaining the metapopulation in this region. On an
intermittent basis, MEN-4 possesses a sandbar across the mouth of the
lagoon or estuary during the late spring, summer, and fall that closes
or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation. The physical or biological features essential to
the conservation of the species in this unit may require special
management considerations or protection to address threats described in
Table 3. Please see Special Management Considerations or Protection
section of this rule for a discussion of the threats to tidewater goby
habitat and potential management considerations.
SON-1: Salmon Creek (108 ac (44 ha))
This unit is located in Sonoma County, approximately 7 mi (11.3 km)
south of the community of Jenner. The unit encompasses approximately
108 ac (44 ha), and consists of 47 ac (19 ha) of State lands, 14 ac (6
ha) local lands, and 47 ac (19 ha) of private lands. SON-1 is located
5.3 mi (8.5 km) north of the Estero Americano unit (MAR-1), which is
also the nearest extant population. SON-1 was occupied by tidewater
goby at the time of listing. The geological feature known as Bodega
Head separates Salmon Creek and Estero Americano, and could reduce the
exchange of tidewater goby between these two locations. The tidewater
goby population in this unit is likely a source population for this
region, and is therefore important for maintaining the metapopulation
in this region. This critical habitat unit provides habitat for a
tidewater goby population that is important to the conservation of one
of the genetically distinct recovery units as described in the Recovery
Plan (Dawson et al. 2001, p. 1172). Maintaining this unit will reduce
the chance of losing the tidewater goby along this portion of the
coast, and help conserve genetic diversity within the species.
On an intermittent basis, SON-1 possesses a sandbar across the
mouth of the lagoon or estuary during the late spring, summer, and fall
that closes or partially closes the lagoon or estuary, and thereby
provides relatively stable conditions (PCE 1c). PCE 1a and 1b occur
throughout the unit, although their precise location during any
particular time period may change in response to seasonal fluctuations
in precipitation and tidal inundation. The physical or biological
features essential to the conservation of the species in this unit may
require special management considerations or protection to address
threats described in Table 3. Please see Special Management
Considerations or Protection section of this rule for a discussion of
the threats to tidewater goby habitat and potential management
considerations.
MAR-1: Estero Americano (465 ac (188 ha))
This unit is located in Marin County, approximately 3.5 mi (5.7 km)
south of Bodega Bay. The unit encompasses approximately 465 ac (188
ha), and consists entirely of private lands. MAR-1 is located 2.2 mi
(3.5 km) north of the Estero de San Antonio (MAR-2), which is also the
nearest extant population. MAR-1 was occupied by tidewater goby at the
time of listing. The tidewater goby population in this unit is likely a
source population for this region, and is therefore important for
maintaining the metapopulation in this region. Maintaining this unit
will reduce the chance of losing the tidewater goby along this portion
of the coast. On an intermittent basis, MAR-1 possesses a sandbar
across the mouth of the lagoon or estuary during the late spring,
summer, and fall that closes or partially closes the lagoon or estuary,
and thereby provides relatively stable conditions (PCE 1c). PCE 1a and
1b occur throughout the unit, although their precise location during
any particular time period may change in response to seasonal
fluctuations in precipitation and tidal inundation. The physical or
biological features essential to the conservation of the species in
this unit may require special management considerations or protection
to address threats described in Table 3. Please see Special Management
Considerations or Protection section of this rule for a discussion of
the threats to tidewater goby habitat and potential management
considerations.
[[Page 65016]]
MAR-2: Estero de San Antonio (285 ac (115 ha))
This unit is located in Marin County, approximately 5.6 mi (9 km)
south of Bodega Bay. The unit encompasses approximately 285 ac (115
ha), and consists entirely of private lands. MAR-2 is located 2.2 mi
(3.5 km) south of the Estero Americano (MAR-1), which is also the
nearest extant population. MAR-2 was occupied by tidewater goby at the
time of listing. This critical habitat unit supports a source
population of tidewater goby that likely provides individuals that are
recruited into surrounding subpopulations. Given the close proximity of
the MAR-1 and MAR-2 units and the dispersal capabilities of tidewater
goby, it is likely that the two populations have exchanged individuals
in the past and will continue to exchange individuals in the future.
Exchange between these populations would bolster the continued
sustainable existence of the two populations which will, together with
unit SON-1, provide for natural colonization of available, but
currently unoccupied, estuaries within the region south of the Russian
River and north of Point Reyes. This critical habitat unit provides
habitat for a tidewater goby population that is important to the
conservation of one of the genetically distinct recovery units as
described in the Recovery Plan (Dawson et al. 2001, p. 1172).
Maintaining this unit will reduce the chance of losing the tidewater
goby along this portion of the coast, and help conserve genetic
diversity within the species.
On an intermittent basis, MAR-2 possesses a sandbar across the
mouth of the lagoon or estuary during the late spring, summer, and fall
that closes or partially closes the lagoon or estuary, and thereby
provides relatively stable conditions (PCE 1c). PCE 1a and 1b occur
throughout the unit, although their precise location during any
particular time period may change in response to seasonal fluctuations
in precipitation and tidal inundation. The physical or biological
features essential to the conservation of the species in this unit may
require special management considerations or protection to address
threats described in Table 3. Please see Special Management
Considerations or Protection section of this rule for a discussion of
the threats to tidewater goby habitat and potential management
considerations.
MAR-3: Walker Creek (118 ac (48 ha))
This unit is located in Marin County, approximately 2.5 mi (4 km)
southwest of the Town of Tomales. The unit encompasses approximately
118 ac (48 ha) and consists of 9 ac (4 ha) of State lands and 109 ac
(44 ha) of private lands. MAR-3 is located 4.6 mi (7.4 km) southeast of
the Estero de San Antonio unit (MAR-2), which is also the nearest
extant population. This unit is outside the geographical area occupied
by the species at the time of listing and is not known to be currently
occupied. However, tidewater goby were collected at Walker Creek in
1897, but were not found in sampling efforts conducted in 1996 or 1999
(Service 2005, p. C-8). This unit is identified in the Recovery Plan as
a potential reintroduction site, and could provide habitat for
maintaining the tidewater goby metapopulation in the region. MAR-3 is
essential for the conservation of the species because establishing a
tidewater goby population in this unit will support the recovery of the
tidewater goby population along this portion of the coast and help
facilitate colonization of currently unoccupied locations. Although
MAR-3 is not currently occupied, it does possess the PCE that could
support tidewater goby. However, PCE 1a and 1b occur throughout the
unit, although their precise location during any particular time period
may change in response to seasonal fluctuations in precipitation and
tidal inundation.
MAR-4: Lagunitas (Papermill) Creek (998 ac (405 ha))
This unit is located in Marin County, approximately 20.5 mi (33 km)
south of Bodega Bay. The unit encompasses approximately 998 ac (405
ha), and consists of 318 ac (129 ha) of Federal lands, 459 ac (186 ha)
of State lands, and 221 ac (90 ha) of private lands. MAR-4 is located
15.5 mi (25.0 km) south of the Estero de San Antonio unit (MAR-2),
which is also the nearest extant population. Records indicate tidewater
goby occurred at this location historically. This unit is outside the
geographical area occupied by the species at the time of listing, but
recent surveys have confirmed that the unit is currently occupied. This
unit is essential for the conservation of the species because it is the
only known location of the tidewater goby to remain within the greater
Tomales Bay area. Without this subpopulation, there would be no source
population within dispersal distance of Tomales Bay to maintain the
metapopulation dynamics of populations within the area. Thus, if
allowed to establish a robust population, the unit could support an
important source population for future colonization or introductions to
other habitats within Tomales Bay. Although MAR-4 was not considered
occupied at the time of listing, it does possess the PCE that could
support tidewater goby. We do not have information that confirms that
PCE 1c (a sandbar(s) across the mouth of the lagoon or estuary) is
present within this unit on at least an intermittent basis. However,
PCE 1a and 1b occur throughout the unit, although their precise
location during any particular time period may change in response to
seasonal fluctuations in precipitation and tidal inundation.
MAR-5: Bolinas Lagoon (1,114 ac (451 ha))
This unit is located in Marin County, approximately 0.5 mi (0.81
km) east of the community of Bolinas. The unit encompasses
approximately 1,114 ac (451 ha), and consists of 29 ac (12 ha) of
Federal Lands, 1,048 ac (424 ha) of local lands, and 37 ac (15 ha) of
private lands. MAR-5 is located 9.4 mi (15.1 km) northwest of the Rodeo
Lagoon unit (MAR-6), which is also the nearest extant population. This
unit is outside the geographical area occupied by the species at the
time of listing, is not known to be currently occupied, and there are
no historical tidewater goby records for this location. However, this
unit is essential for the conservation of the species because it
provides habitat to nearby occupied units and is identified in the
Recovery Plan as a potential introduction site, and could provide
habitat for maintaining tidewater goby metapopulations in the region.
If a tidewater goby population is established in this unit, MAR-5 unit
will support the recovery of the tidewater goby population along this
portion of the coast and help facilitate colonization of currently
unoccupied locations. Although MAR-5 is not currently occupied, it does
possess the PCE that could support tidewater goby. We do not have
information that confirms that PCE 1c (a sandbar(s) across the mouth of
the lagoon or estuary) is present within this unit on at least an
intermittent basis. However, PCE 1a and 1b occur throughout the unit,
although their precise location during any particular time period may
change in response to seasonal fluctuations in precipitation and tidal
inundation.
MAR-6: Rodeo Lagoon (40 ac (16 ha))
This unit is located in Marin County, approximately 3.8 mi (6 km)
north of San Francisco. The unit encompasses approximately 40 ac (16
ha), and consists entirely of Federal lands. MAR-6 is located 9.4 mi
(15.1 km) south of Bolinas Lagoon (MAR-5), and is
[[Page 65017]]
separated from the nearest extant population to the south, San Gregorio
Creek (SM-1), by 36 mi (58 km). MAR-6 was occupied by tidewater goby at
the time of listing. MAR-6 is the only known location where the
tidewater goby remains within the greater Bay Area. This critical
habitat unit provides habitat for a tidewater goby population that is
important to the conservation of one of the genetically distinct
recovery units as described in the Recovery Plan (Dawson et al. 2001,
p. 1172). It also provides habitat for a population of tidewater goby
that could disperse to other adjoining habitats. Maintaining this unit
will reduce the chance of losing the tidewater goby along this portion
of the coast, and help conserve genetic diversity within the species.
On an intermittent basis, MAR-6 possesses a sandbar across the
mouth of the lagoon or estuary during the late spring, summer, and fall
that closes or partially closes the lagoon or estuary, and thereby
provides relatively stable conditions (PCE 1c). PCE 1a and 1b occur
throughout the unit, although their precise location during any
particular time period may change in response to seasonal fluctuations
in precipitation and tidal inundation. The physical or biological
features essential to the conservation of the species in this unit may
require special management considerations or protection to address
threats described in Table 3. Please see Special Management
Considerations or Protection section of this rule for a discussion of
the threats to tidewater goby habitat and potential management
considerations.
SM-1: San Gregorio Creek (45 ac (18 ha))
This unit is located in San Mateo County, approximately 28 mi (45
km) south of the San Francisco-San Mateo County line. The unit
encompasses approximately 45 ac (18 ha), and consists of 33 ac (13 ha)
of State lands and 12 ac (5 ha) of private lands. SM-1 is located 1.5
mi (2.4 km) north of Pomponio Creek (SM-2), and is separated from the
nearest extant population to the south, Pescadero-Butano Creek (SM-3),
by 3.8 mi (6.1 km). SM-1 was occupied by tidewater goby at the time of
listing. The tidewater goby population in this unit is likely a source
population for this region, and is therefore important for maintaining
the metapopulation in this region. This critical habitat unit provides
habitat for a tidewater goby population that is important to the
conservation of one of the genetically distinct recovery units as
described in the Recovery Plan (Dawson et al. 2001, p. 1172). This unit
is noted for high densities of tidewater goby (Swenson 1993, p. 3).
On an intermittent basis, SM-1 possesses a sandbar across the mouth
of the lagoon or estuary during the late spring, summer, and fall that
closes or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation. The physical or biological features essential to
the conservation of the species in this unit may require special
management considerations or protection to address threats described in
Table 3. Please see Special Management Considerations or Protection
section of this rule for a discussion of the threats to tidewater goby
habitat and potential management considerations.
SM-2: Pomponio Creek (7 ac (3 ha))
This unit is located in San Mateo County, approximately 3.5 mi (5.6
km) north of the community of Pescadero. The unit encompasses
approximately 7 ac (3 ha), and consists of 1 ac (1 ha) of State lands
and 6 ac (2 ha) of private lands. SM-2 is located 1.5 mi (2.4 km) south
of the San Gregorio Creek unit (SM-1), which is also the nearest extant
population. This unit is outside the geographical area occupied by the
species at the time of listing, is not known to be currently occupied,
and there are no historical tidewater goby records for this location.
However, this unit is essential for the conservation of the species
because it provides habitat to nearby occupied units and is identified
in the Recovery Plan as a potential introduction site, and could
provide habitat for maintaining the tidewater goby metapopulation in
the region. If a tidewater goby population is established in this unit,
SM-2 unit will support the recovery of the tidewater goby population
along this portion of the coast, and will help facilitate tidewater
goby distribution between populations and colonization of currently
unoccupied locations. Although SM-2 is not currently occupied, it does
possess the PCE that could support tidewater goby.
On an intermittent basis, SM-2 possesses a sandbar across the mouth
of the lagoon or estuary during the late spring, summer, and fall that
closes or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation.
SM-3: Pescadero-Butano Creek (245 ac (99 ha))
This unit is located in San Mateo County, approximately 32.0 mi
(51.0 km) south of the San Francisco-San Mateo County line. This unit
encompasses approximately 245 ac (99 ha), and consists of 241 ac (97
ha) of State lands and 4 ac (2 ha) of private lands. SM-3 is located
2.2 mi (3.5 km) south of Pomponio Creek (SM-2), and is separated from
the nearest extant population to the south, in Bean Hollow Creek (SM-
4), by 3.0 mi (4.8 km). SM-3 was occupied by tidewater goby at the time
of listing. This unit is unusual in that some tidewater goby from this
location possess a parasite that appears to occasionally affect their
health. These parasites, or the environmental factors that increase the
prevalence of the parasites, may represent a threat to this population
not identified in Table 3. This unit allows for connectivity between
tidewater goby source populations, and thereby supports gene flow and
metapopulation dynamics in this region.
On an intermittent basis, SM-3 possesses a sandbar across the mouth
of the lagoon or estuary during the late spring and early fall that
closes or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation. The physical or biological features essential to
the conservation of the species in this unit may require special
management considerations or protection to address threats described in
Table 3. Please see Special Management Considerations or Protection
section of this rule for a discussion of the threats to tidewater goby
habitat and potential management considerations.
SM-4: Bean Hollow Creek (Arroyo de Los Frijoles) (10 ac (4 ha))
This unit is located in San Mateo County, approximately 34.8 mi
(56.0 km) south of the San Francisco-San Mateo County line. The unit
encompasses approximately 10 ac (4 ha), and consists of 3 ac (1 ha) of
State lands and 7 ac (3 ha) private lands. SM-4 is located
approximately 3.0 mi (4.8 km) south of the Pescadero-Butano Creek (SM-
3), which is also the nearest extant population. SM-4 was occupied by
tidewater goby at the time of listing. Maintaining this unit, together
with the
[[Page 65018]]
two units to the north, will reduce the chance of losing the tidewater
goby along this important coastal range and allow for connectivity
between tidewater goby source populations, thereby supporting gene flow
and metapopulation dynamics in this region.
On an intermittent basis, SM-4 possesses a sandbar across the mouth
of the lagoon or estuary during the late spring, summer, and fall that
closes or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation. The physical or biological features essential to
the conservation of the species in this unit may require special
management considerations or protection to address threats described in
Table 3. Please see Special Management Considerations or Protection
section of this rule for a discussion of the threats to tidewater goby
habitat and potential management considerations.
SC-1: Waddell Creek (75 ac (30 ha))
This unit is located in Santa Cruz County, approximately 18 mi (29
km) northwest of the city of Santa Cruz. The unit encompasses
approximately 75 ac (30 ha), and consists of 39 ac (16 ha) of State
lands and 36 ac (14 ha) of private lands. SC-1 is located approximately
5.0 mi (8.0 km) north of the Scott Creek (SC-2), which is also the
nearest extant population. This unit is at the northern extent of this
metapopulation as described in the Recovery Plan. Tidewater goby were
present in low numbers in 1996, and were absent during surveys from
1997 to 2000 (Service 2005, p. C-12). Therefore, SC-1 was occupied at
the time of listing.
This unit is identified in the Recovery Plan as a potential
reintroduction site. This unit will provide habitat for tidewater goby
dispersing from Scott Creek either through natural means, or by
reintroduction, which may serve to decrease the risk of extirpation of
this metapopulation through stochastic events. If a tidewater goby
population is established in this unit, it would also allow for
connectivity between tidewater goby source populations, and thereby
supports gene flow and metapopulation dynamics in this region. Lastly,
this unit may offer habitat that is superior to that in nearby occupied
locations (the potential viability of tidewater goby in the unoccupied
unit may be higher). The original population at this locality was
considered extirpated by Swift et al. (1989, p. 4). However, tidewater
goby were reintroduced in 1991 from Scott Creek (Lafferty et al. 1999b,
p. 1448). Long-term sustainability of backwater habitat may preclude
the establishment of a tidewater goby subpopulation; however, the
creation of suitable backwater habitat would ensure a self-sustaining
subpopulation of tidewater goby at this location. Although SC-1 is not
currently occupied, it does possess the PCE that could support
tidewater goby.
On an intermittent basis, SC-1 possesses a sandbar across the mouth
of the lagoon or estuary during the late spring, summer, and fall that
closes or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation. The physical or biological features essential to
the conservation of the species in this unit may require special
management considerations or protection to address threats described in
Table 3. Please see Special Management Considerations or Protection
section of this rule for a discussion of the threats to tidewater goby
habitat and potential management considerations.
SC-2: Scott Creek (74 ac (30 ha))
This unit is located in Santa Cruz County, approximately 11.8 mi
(19.0 km) northwest of the City of Santa Cruz. The unit encompasses
approximately 74 ac (30 ha), and consists of 66 ac (27 ha) of State
lands, 6 ac (2 ha) of local lands, and 2 ac (1 ha) of private lands.
SC-2 is located 5.0 mi (8.0 km) south of Waddell Creek (SC-1), and is
separated from the nearest extant population to the south, in Laguna
Creek (SC-3), by 6.0 mi (9.6 km). SC-2 is outside the geographical area
occupied by the species at the time of listing, but was subsequently
found to be occupied. This unit is essential for the conservation of
the species because it provides habitat for the species, allows for
connectivity between tidewater goby source populations from nearby
units, supports gene flow, and provides for metapopulation dynamics in
this region. Although SC-2 was not considered to be occupied at the
time of listing, it does possess the PCE that support tidewater goby.
On an intermittent basis, SC-2 possesses a sandbar across the mouth of
the lagoon or estuary during the late spring, summer, and fall that
closes or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation.
SC-3: Laguna Creek (26 ac (11 ha))
This unit is located in Santa Cruz County, approximately 7.5 mi
(12.0 km) west of the City of Santa Cruz. The unit encompasses
approximately 26 ac (11 ha), and consists entirely of State lands. SC-3
is located 6.0 mi (9.6 km) south of Scott Creek (SC-2), the nearest
extant population to the north, and is separated from the nearest
extant population to the south, in Baldwin Creek (SC-4), by 2.0 mi (3.2
km). SC-3 was occupied by tidewater goby at the time of listing. The
tidewater goby population in this unit is likely a source population
for this region, and is therefore important for maintaining the
metapopulation in this region. This critical habitat unit provides
habitat for a tidewater goby population that is important to the
conservation of one of the genetically distinct recovery units as
described in the Recovery Plan (Dawson et al. 2001, p. 1172). Together
with Baldwin Creek (SC-4) to the south, this habitat unit helps
conserve the genetic diversity of the species.
On an intermittent basis, SC-3 possesses a sandbar across the mouth
of the lagoon or estuary during the late spring, summer, and fall that
closes or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation. The physical or biological features essential to
the conservation of the species in this unit may require special
management considerations or protection to address threats described in
Table 3. Please see Special Management Considerations or Protection
section of this rule for a discussion of the threats to tidewater goby
habitat and potential management considerations.
SC-4: Baldwin Creek (27 ac (11 ha))
This unit is located in Santa Cruz County, approximately 6 mi (9.7
km) west of the City of Santa Cruz. The unit encompasses approximately
27 ac (11 ha), and consists entirely of State lands. SC-4 is located
2.0 mi (3.2 km) south of Laguna Creek (SC-3), and is separated from the
nearest extant population to the south, Lombardi Creek (not proposed as
critical habitat), by 0.7 mi (1.2 km). SC-4 was occupied by tidewater
goby at the time of listing. The tidewater goby population in this unit
is
[[Page 65019]]
likely a source population for this region, and is therefore important
for maintaining the metapopulation in this region. This critical
habitat unit provides habitat for a tidewater goby population that is
important to the conservation of one of the genetically distinct
recovery units as described in the Recovery Plan (Dawson et al. 2001,
p. 1172) and, together with Laguna Creek (SC-3) to the north, helps
conserve genetic diversity within the species.
On an intermittent basis, SC-4 possesses a sandbar across the mouth
of the lagoon or estuary during the late spring, summer, and fall that
closes or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation. The physical or biological features essential to
the conservation of the species in this unit may require special
management considerations or protection to address threats described in
Table 3. Please see Special Management Considerations or Protection
section of this rule for a discussion of the threats to tidewater goby
habitat and potential management considerations.
SC-5: Moore Creek (15 ac (6 ha))
This unit is located in Santa Cruz County, approximately 2.0 mi
(3.2 km) west of the City of Santa Cruz. The unit encompasses
approximately 15 ac (6 ha), and consists of entirely of Federal lands.
SC-5 is located 4.0 mi (6.4) south of Baldwin Creek. SC-5 is separated
from the nearest extant population to the north, Younger Lagoon (not
proposed as critical habitat), by 0.5 mi (0.8 km). SC-5 was occupied at
the time of listing. Maintaining this unit will reduce the chance of
losing the tidewater goby along this portion of the coast, and help
conserve genetic diversity within the species. On an intermittent
basis, SC-5 possesses a sandbar across the mouth of the lagoon or
estuary during the late spring, summer, and fall that closes or
partially closes the lagoon or estuary, and thereby provides relatively
stable conditions (PCE 1c). PCE 1a and 1b occur throughout the unit,
although their precise location during any particular time period may
change in response to seasonal fluctuations in precipitation and tidal
inundation. The physical or biological features essential to the
conservation of the species in this unit may require special management
considerations or protection to address threats described in Table 3.
Please see Special Management Considerations or Protection section of
this rule for a discussion of the threats to tidewater goby habitat and
potential management considerations.
SC-6: Corcoran Lagoon (28 ac (11 ha))
This unit is located in Santa Cruz County, approximately 3 mi (4.8
km) east of the City of Santa Cruz. This unit encompasses approximately
28 ac (11 ha), and consists of 1 ac (1 ha) of State lands, 6 ac (2 ha)
of local lands, and 21 ac (8 ha) of private lands. SC-6 is located 4.0
mi (6.4 km) south of Moore Creek (SC-5), and the unit is separated from
the nearest extant population to the south, in Moran Lake (not proposed
as critical habitat), by 0.7 mi (1.1 km). SC-6 was occupied by
tidewater goby at the time of listing. The tidewater goby population in
this unit is likely a source population for this region, and is
therefore important for maintaining the metapopulation in this region.
This critical habitat unit provides habitat for a tidewater goby
population that is important to the conservation of one of the
genetically distinct recovery units as described in the Recovery Plan
(Dawson et al. 2001, p. 1172). Maintaining this unit will reduce the
chance of losing the tidewater goby along this portion of the coast,
and help conserve genetic diversity within the species.
On an intermittent basis, SC-6 possesses a sandbar across the mouth
of the lagoon or estuary during the late spring, summer, and fall that
closes or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation. The physical or biological features essential to
the conservation of the species in this unit may require special
management considerations or protection to address threats described in
Table 3. Please see Special Management Considerations or Protection
section of this rule for a discussion of the threats to tidewater goby
habitat and potential management considerations.
SC-7: Aptos Creek (9 ac (4 ha))
This unit is located in Santa Cruz County, approximately 0.5 mi
(0.8 km) southwest of the City of Aptos. The unit encompasses
approximately 9 ac (4 ha), and consists entirely of State lands. SC-7
is located 4.1 mi (6.6 km) east of Corcoran Lagoon (SC-6), and is
separated from the nearest extant population to the north, Moran Lake
(not proposed as critical habitat), by 4.2 mi (6.75 km). SC-7 was
occupied by tidewater goby at the time of listing. The tidewater goby
population in this unit is likely a source population in this region,
and is therefore important for maintaining the metapopulation in this
region. Maintaining this unit will reduce the chance of losing the
tidewater goby along this portion of the coast. On an intermittent
basis, SC-7 possesses a sandbar across the mouth of the lagoon or
estuary during the late spring, summer, and fall that closes or
partially closes the lagoon or estuary, and thereby provides relatively
stable conditions (PCE 1c). PCE 1a and 1b occur throughout the unit,
although their precise location during any particular time period may
change in response to seasonal fluctuations in precipitation and tidal
inundation. The physical or biological features essential to the
conservation of the species in this unit may require special management
considerations or protection to address threats described in Table 3.
Please see Special Management Considerations or Protection section of
this rule for a discussion of the threats to tidewater goby habitat and
potential management considerations.
SC-8: Pajaro River (215 ac (87 ha))
This unit is located in Santa Cruz County, approximately 5 mi (8
km) southwest of the City of Watsonville. The unit encompasses
approximately 215 ac (87 ha), and consists of 158 ac (64 ha) of State
lands, 11 ac (4 ha) of local lands, and 46 ac (19 ha) of private lands.
SC-8 is located 9.7 mi (15.6 km) south of Aptos Creek (SC-7), and is
separated from the nearest extant population to the south, in Bennett
Slough (MN-1), by 3.0 mi (4.7 km). SC-8 was occupied by tidewater goby
at the time of listing. Maintaining this unit will reduce the chance of
losing the tidewater goby along this portion of the coast, and help
conserve genetic diversity within the species. On an intermittent
basis, SC-8 possesses a sandbar across the mouth of the lagoon or
estuary during the late spring, summer, and fall that closes or
partially closes the lagoon or estuary, and thereby provides relatively
stable conditions (PCE 1c). PCE 1a and 1b occur throughout the unit,
although their precise location during any particular time period may
change in response to seasonal fluctuations in precipitation and tidal
inundation. The physical or biological features essential to the
conservation of the species in this unit may require special management
considerations or protection to address threats described in Table 3.
Please see
[[Page 65020]]
Special Management Considerations or Protection section of this rule
for a discussion of the threats to tidewater goby habitat and potential
management considerations.
MN-1: Bennett Slough (167 ac (68 ha))
This unit is located in Monterey County, approximately 3.7 mi (6
km) northwest of the Town of Castroville. This unit encompasses
approximately 167 ac (68 ha), and consists of 108 ac (44 ha) of State
lands, 5 ac (2 ha) of local lands, and 54 ac (22 ha) of private lands.
MN-1 is located 4.1 mi (6.6 km) south of the Pajaro River (SC-8), and
is separated from the nearest extant population to the south, Moro Cojo
Slough (not proposed as critical habitat), by 1.3 mi (2.1 km). MN-1 was
occupied by tidewater goby at the time of listing. The tidewater goby
population in this unit is likely a source population for this region,
and is therefore important for maintaining the metapopulation in this
region. This critical habitat unit provides habitat for a tidewater
goby population that is important to the conservation of one of the
genetically distinct recovery units as described in the Recovery Plan
(Dawson et al. 2001, p. 1172), and maintaining it will reduce the
chance of losing the tidewater goby along this portion of the coast,
and help conserve genetic diversity within the species.
PCE 1c (a sandbar(s) across the mouth of lagoon or estuary) is not
likely to occur within this unit because it has a navigable, dredged
channel with a permanent open connection to the ocean that is
maintained on a regular basis. However, PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation. The physical or biological features essential to
the conservation of the species in this unit may require special
management considerations or protection to address threats described in
Table 3. Please see Special Management Considerations or Protection
section of this rule for a discussion of the threats to tidewater goby
habitat and potential management considerations.
MN-2: Salinas River (466 ac (189 ha))
This unit is located in Monterey County, approximately 7.5 mi (12
km) north of the City of Seaside. The unit encompasses approximately
466 ac (189 ha), and consists of 195 ac (79 ha) of Federal lands, 33 ac
(13 ha) of State lands, 1 ac (1 ha) of local lands, and 237 ac (96 ha)
of private lands. Unit MN-2 is located 4.0 mi (8.0 km) south of the
Bennett Slough unit (MN-1). This unit is outside the geographical area
occupied by the species at the time of listing and is not known to be
currently occupied; however, this unit is essential for the
conservation of the species. Tidewater goby were last collected here in
1951, but were not present during surveys in 1991, 1992, and 2004
(Service 2005, p. C-16). This unit is identified in the Recovery Plan
as a potential reintroduction site. This unit will provide habitat for
tidewater goby that disperse from Bennett Slough and Moro Cojo Slough,
either through natural means or by reintroduction, which may serve to
decrease the risk of extirpation of this metapopulation through
stochastic events. This unit will also allow for connectivity between
tidewater goby source populations, and thereby support gene flow and
metapopulation dynamics in this region. Lastly, this unit is one of
only three locations in Monterey County that have harbored tidewater
goby and is one of the two subpopulations in the metapopulation as
described in the Recovery Plan. Therefore, this unit is especially
important for ensuring the viability of the metapopulation.
Although MN-2 was not considered to be occupied at the time of
listing, it does possess the PCE that could support tidewater goby. On
an intermittent basis, MN-2 possesses a sandbar across the mouth of the
lagoon or estuary during the late spring, summer, and fall that closes
or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation.
SLO-1: Arroyo de la Cruz (33 ac (13 ha))
This unit is located in San Luis Obispo County, approximately 8.0
mi (13.0 km) northwest of San Simeon. The unit encompasses
approximately 33 ac (13 ha), and consists of 25 ac (10 ha) of State
lands and 8 ac (3 ha) of private lands. SLO-1 is located approximately
2.0 mi (3.2 km) north of the Arroyo de Corral unit (SLO-2), which is
also the nearest extant population. This unit is outside the
geographical area occupied by the species at the time of listing, is
not known to be currently occupied, and there are no historical
tidewater goby records for this location. However, this unit is
essential for the conservation of the species because it provides
habitat to nearby occupied units and is identified in the Recovery Plan
as a potential introduction site, and could provide habitat for
maintaining the tidewater goby metapopulation in the region.
This unit will provide habitat for tidewater goby that disperse
from Arroyo del Corral, either through natural means or by
reintroduction, which may serve to decrease the risk of extirpation of
this metapopulation through stochastic events. This unit will also
allow for connectivity between tidewater goby source populations, and
thereby supports gene flow and metapopulation dynamics in this region.
Lastly, this unit is the only other location with suitable habitat
within the metapopulation that is currently comprised of one
subpopulation as described in the Recovery Plan. Therefore, this unit
is especially important for ensuring the viability of the
metapopulation because if the subpopulation within the Arroyo de Corral
unit is extirpated, the entire metapopulation would be lost. Although
SLO-1 is not currently occupied, it does possess the PCE that could
support tidewater goby. SLO-1 possesses a sandbar across the mouth of
the lagoon or estuary during the late spring, summer, and fall that
closes or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation.
SLO-2: Arroyo del Corral (5 ac (3 ha))
This unit is located in San Luis Obispo County, approximately 6 mi
(9.7 km) northwest of San Simeon. The unit encompasses approximately 5
ac (3 ha), and consists entirely of 4 ac (2 ha) of State lands and 1 ac
(1 ha) of private lands. SLO-2 is located 2 mi (3.2 km) south of Arroyo
de la Cruz (SLO-1), and is separated from the nearest extant population
to the south, Oak Knoll Creek (SLO-3), by 4.3 mi (6.9 km). SLO-2 was
occupied at the time of listing. The tidewater goby population in this
unit is likely a source population for this region, and is therefore
important for maintaining the metapopulation in this region. This
critical habitat unit provides habitat for a tidewater goby population
that is important to the conservation of one of the genetically
distinct recovery units as described in the Recovery Plan (Dawson et
al. 2001, p. 1172). Maintaining this unit will reduce the chance of
losing the tidewater goby along this portion of the coast, and help
conserve genetic diversity within the species.
[[Page 65021]]
On an intermittent basis, SLO-2 possesses a sandbar across the
mouth of the lagoon or estuary during the late spring, summer, and fall
that closes or partially closes the lagoon or estuary, and thereby
provides relatively stable conditions (PCE 1c). PCE 1a and 1b occur
throughout the unit, although their precise location during any
particular time period may change in response to seasonal fluctuations
in precipitation and tidal inundation. The physical or biological
features essential to the conservation of the species in this unit may
require special management considerations or protection to address
threats described in Table 3. Please see Special Management
Considerations or Protection section of this rule for a discussion of
the threats to tidewater goby habitat and potential management
considerations.
SLO-3: Oak Knoll Creek (Arroyo Laguna) (5 ac (3 ha))
This unit is located in San Luis Obispo County, approximately 2 mi
(3.2 km) northwest of San Simeon. The unit encompasses approximately 5
ac (3 ha), and consists of 4 ac (2 ha) of State lands and 1 ac (1 ha)
of private lands. SLO-3 is located 4.3 mi (6.9 km) south of Arroyo del
Corral (SLO-2), and is separated from the nearest extant population to
the south, in Arroyo de Tortuga (not proposed as critical habitat), by
0.5 mi (0.8 km). SLO-3 was occupied at the time of listing. This unit
allows for connectivity between tidewater goby source populations, and
thereby supports gene flow and metapopulation dynamics in this region.
On an intermittent basis, SLO-3 possesses a sandbar across the mouth of
the lagoon or estuary during the late spring, summer, and fall that
closes or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation. The physical or biological features essential to
the conservation of the species in this unit may require special
management considerations or protection to address threats described in
Table 3. Please see Special Management Considerations or Protection
section of this rule for a discussion of the threats to tidewater goby
habitat and potential management considerations.
SLO-4: Little Pico Creek (9 ac (4 ha))
This unit is located in San Luis Obispo County, approximately 6.7
mi (10.8 km) northwest of the Town of Cambria. The unit encompasses
approximately 9 ac (4 ha), and consists of 2 ac (1 ha) of State lands
and 7 ac (3 ha) of private lands. SLO-4 is located 3.7 mi (5.9 km)
south of Oak Knoll Creek (SLO-3). The unit is separated from the
nearest extant population to the north, in Broken Bridge Creek (not
proposed as critical habitat), by 1.4 mi (2.2 km). SLO-4 was occupied
at the time of listing. The tidewater goby population in this unit is
likely a source population for this region, and is therefore important
for maintaining the metapopulation in this region. Maintaining this
unit will reduce the chance of losing the tidewater goby along this
portion of the coast. On an intermittent basis, SLO-4 possesses a
sandbar across the mouth of the lagoon or estuary during the late
spring, summer, and fall that closes or partially closes the lagoon or
estuary, and thereby provides relatively stable conditions (PCE 1c).
PCE 1a and 1b occur throughout the unit, although their precise
location during any particular time period may change in response to
seasonal fluctuations in precipitation and tidal inundation. The
physical or biological features essential to the conservation of the
species in this unit may require special management considerations or
protection to address threats described in Table 3. Please see Special
Management Considerations or Protection section of this rule for a
discussion of the threats to tidewater goby habitat and potential
management considerations.
SLO-5: San Simeon Creek (17 ac (7 ha))
This unit is located in San Luis Obispo County, approximately 3.3
mi (5.3 km) northwest of the Town of Cambria. The unit encompasses
approximately 17 ac (7 ha), and consists entirely of State lands. SLO-5
is located 3.8 mi (6.1 km) south of Little Pico Creek (SLO-4), and is
separated from the nearest extant population to the south, in Santa
Rosa Creek (not proposed as critical habitat), by 2.6 mi (4.2 km). SLO-
5 was occupied at the time of listing. The tidewater goby population in
this unit is likely a source population for this unit, and is therefore
important for maintaining the metapopulation in this region.
Maintaining this unit will reduce the chance of losing the tidewater
goby along this portion of the coast. On an intermittent basis, SLO-5
possesses a sandbar across the mouth of the lagoon or estuary during
the late spring, summer, and fall that closes or partially closes the
lagoon or estuary, and thereby provides relatively stable conditions
(PCE 1c). PCE 1a and 1b occur throughout the unit, although their
precise location during any particular time period may change in
response to seasonal fluctuations in precipitation and tidal
inundation. The physical or biological features essential to the
conservation of the species in this unit may require special management
considerations or protection to address threats described in Table 3.
Please see Special Management Considerations or Protection section of
this rule for a discussion of the threats to tidewater goby habitat and
potential management considerations.
SLO-6: Villa Creek (15 ac (7 ha))
This unit is located in San Luis Obispo County, approximately 9.6
mi (15.4 km) southeast of Cambria. The unit encompasses 15 ac (7 ha)
and consists of 14 ac (6 ha) of State lands and 1 ac (1 ha) of private
lands. SLO-6 is located 12.3 mi (19.8 km) south of San Simeon Creek
(SLO-5), and is separated from the nearest extant population to the
south, in San Geronimo Creek (SLO-7), by 2.3 mi (3.7 km). SLO-6 was
occupied at the time of listing. The tidewater goby population in this
unit is likely a source population for this region, and is therefore
important for maintaining the metapopulation in this region. This
critical habitat unit provides habitat for a tidewater goby population
that is important to the conservation of one of the genetically
distinct recovery units as described in the Recovery Plan (Dawson et
al. 2001, p. 1172). Maintaining this unit will reduce the chance of
losing the tidewater goby along this portion of the coast, and help
conserve genetic diversity within the species.
On an intermittent basis, SLO-6 possesses a sandbar across the
mouth of the lagoon or estuary during the late spring, summer, and fall
that closes or partially closes the lagoon or estuary, and thereby
provides relatively stable conditions (PCE 1c). PCE 1a and 1b occur
throughout the unit, although their precise location during any
particular time period may change in response to seasonal fluctuations
in precipitation and tidal inundation. The physical or biological
features essential to the conservation of the species in this unit may
require special management considerations or protection to address
threats described in Table 3. Please see Special Management
Considerations or Protection section of this rule for a discussion of
the threats to tidewater goby habitat and potential management
considerations.
[[Page 65022]]
SLO-7: San Geronimo Creek (1 ac (1 ha))
This unit is located in San Luis Obispo County, approximately 7.6
mi (12.2 km) northwest of the Town of Morro Bay, and approximately 1.4
mi (2.5 km) west of the Town of Cayucos. The unit encompasses
approximately 1 ac (1 ha), and consists entirely of State lands. SLO-7
is located 2.3 mi (3.7 km) south of Villa Creek (SLO-6), and is
separated from the nearest extant population to the south, in Cayucos
Creek (not proposed as critical habitat), by 1.5 mi (2.4 km). SLO-7 was
occupied at the time of listing. The tidewater goby population in this
unit is likely a source population for this region, and is therefore
important for maintaining the metapopulation in this region.
Maintaining this unit will reduce the chance of losing the tidewater
goby along this portion of the coast.
On an intermittent basis, SLO-7 possesses a sandbar across the
mouth of the lagoon or estuary during the late spring, summer, and fall
that closes or partially closes the lagoon or estuary, and thereby
provides relatively stable conditions (PCE 1c). PCE 1a and 1b occur
throughout the unit, although their precise location during any
particular time period may change in response to seasonal fluctuations
in precipitation and tidal inundation. The physical or biological
features essential to the conservation of the species in this unit may
require special management considerations or protection to address
threats described in Table 3. Please see Special Management
Considerations or Protection section of this rule for a discussion of
the threats to tidewater goby habitat and potential management
considerations.
SLO-8: Toro Creek (9 ac (4 ha))
This unit is located in San Luis Obispo County, approximately 2.3
mi (3.7 km) south of the Town of Cayucos. The unit encompasses
approximately 9 ac (4 ha), and consists of 1 ac (1 ha) of State lands
and 8 ac (3 ha) of private lands. SLO-8 is located 5 mi (8.0 km) south
of San Geronimo Creek (SLO-7), and is separated from the nearest extant
population to the north, in Old Creek (not proposed as critical
habitat), by 1.8 mi (2.9 km). SLO-8 was occupied at the time of
listing. Maintaining this unit will reduce the chance of losing the
tidewater goby along this portion of the coast, and help conserve
genetic diversity within the species. On an intermittent basis, SLO-8
possesses a sandbar across the mouth of the lagoon or estuary during
the late spring, summer, and fall that closes or partially closes the
lagoon or estuary, and thereby provides relatively stable conditions
(PCE 1c). PCE 1a and 1b occur throughout the unit, although their
precise location during any particular time period may change in
response to seasonal fluctuations in precipitation and tidal
inundation. The physical or biological features essential to the
conservation of the species in this unit may require special management
considerations or protection to address threats described in Table 3.
Please see Special Management Considerations or Protection section of
this rule for a discussion of the threats to tidewater goby habitat and
potential management considerations.
SLO-9: Los Osos Creek (73 ac (30 ha))
This unit is located in San Luis Obispo County, within the Town of
Baywood. The unit encompasses approximately 73 ac (30 ha), and consists
of 62 ac (25 ha) of State lands, 1 ac (1 ha) of local lands, and 10 ac
(4 ha) of private lands. The unit is separated from the nearest extant
population to the north, in Toro Creek (SLO-8), by 8.0 mi (12.8 km).
Tidewater goby were present during surveys in 2001 (Service 2005, p. C-
21). Prior to the observations in 2001, tidewater goby had not been
seen here since 1981 (Service 2005, p. C-21). Therefore, SLO-9 is
outside the geographical area occupied by the species at the time of
listing but is currently occupied. This unit is essential for the
conservation of the species because it provides habitat to nearby
occupied units and is identified in the Recovery Plan as a potential
introduction site, and could provide habitat for maintaining the
tidewater goby metapopulation in the region. Maintaining this unit will
also reduce the chance of losing the tidewater goby along this portion
of the coast. Although SLO-9 was not considered to be occupied at the
time of listing, it does possess the PCE that could support tidewater
goby. PCE 1c (a sandbar(s) across the mouth of lagoon or estuary) is
not likely to occur within this unit because it has a navigable channel
with an open connection to Morro Bay, which is dredged on a regular
basis. However, PCE 1a and 1b occur throughout the unit, although their
precise location during any particular time period may change in
response to seasonal fluctuations in precipitation and tidal
inundation.
SLO-10: San Luis Obispo Creek (31 ac (12 ha))
This unit is located in San Luis Obispo County, within the Town of
Avila Beach. The unit encompasses approximately 31 ac (12 ha), and
consists of 3 ac (1 ha) of local lands, and 28 ac (11 ha) of private
lands. The unit is separated from the nearest extant population to the
south, in Pismo Creek (SLO-11), by 7.0 mi (11.2 km). SLO-10 was
occupied at the time of listing. The tidewater goby population in this
unit is likely a source population for this region, and is therefore
important for maintaining the metapopulation in this region. This
critical habitat unit provides habitat for a tidewater goby population
that is important to the conservation of one of the genetically
distinct recovery units as described in the Recovery Plan (Dawson et
al. 2001, p. 1172). On an intermittent basis, SLO-10 possesses a
sandbar across the mouth of the lagoon or estuary during the late
spring, summer, and fall that closes or partially closes the lagoon or
estuary, and thereby provides relatively stable conditions (PCE 1c).
PCE 1a and 1b occur throughout the unit, although their precise
location during any particular time period may change in response to
seasonal fluctuations in precipitation and tidal inundation. The
physical or biological features essential to the conservation of the
species in this unit may require special management considerations or
protection to address threats described in Table 3. Please see Special
Management Considerations or Protection section of this rule for a
discussion of the threats to tidewater goby habitat and potential
management considerations.
SLO-11: Pismo Creek (20 ac (9 ha))
This unit is located in San Luis Obispo County, within the Town of
Pismo Beach. The unit encompasses approximately 20 ac (9 ha), and
consists of 14 ac (6 ha) of State lands, 1 ac (1 ha) of local lands,
and 5 ac (2 ha) of private lands. SLO-11 is located 7 mi (11.2 km)
south of San Luis Obispo Creek (SLO-10). The unit is separated from the
nearest extant population to the south, in Arroyo Grande Creek (not
proposed as critical habitat), by 2.6 mi (4.2 km). SLO-11 was occupied
at the time of listing. The tidewater goby population in this unit is
likely a source population for this region, and is therefore important
for maintaining the metapopulation in this region. Maintaining this
unit will reduce the chance of losing the tidewater goby along this
portion of the coast. On an intermittent basis, SLO-11 possesses a
sandbar across the mouth of the lagoon or estuary during the late
spring, summer, and fall that closes or partially closes the lagoon or
estuary, and thereby provides relatively stable conditions (PCE 1c).
PCE 1a and 1b occur
[[Page 65023]]
throughout the unit, although their precise location during any
particular time period may change in response to seasonal fluctuations
in precipitation and tidal inundation. The physical or biological
features essential to the conservation of the species in this unit may
require special management considerations or protection to address
threats described in Table 3. Please see Special Management
Considerations or Protection section of this rule for a discussion of
the threats to tidewater goby habitat and potential management
considerations.
SLO-12: Oso Flaco Lake (171 ac (69 ha))
This unit is located in San Luis Obispo County, approximately 5 mi
(8.0 km) northwest of the City of Santa Maria. The unit encompasses
approximately 171 ac (69 ha), and consists of 165 ac (67 ha) of State
lands and 6 acre (2 ha) of private lands. The unit is separated from
the nearest extant population to the south, the Santa Maria River (SB-
1), by 4 mi (6.4 km). This unit is outside the geographical area
occupied by the species at the time of listing, is not known to be
currently occupied, and there are no historical tidewater goby records
for this location. However, this unit is essential for the conservation
of the species because it provides habitat to nearby occupied units and
is identified in the Recovery Plan as a potential introduction site,
and could provide habitat for maintaining the tidewater goby
metapopulation in the region. This unit will provide habitat for
tidewater goby that disperse from Arroyo Grande Creek and the Santa
Maria River, either through natural means or by introduction, which may
serve to decrease the risk of extirpation of this metapopulation
through stochastic events. This unit would also allow for connectivity
between tidewater goby source populations, and thereby supports gene
flow and metapopulation dynamics in this region. Lastly, tidewater goby
may be precluded from this location due to water quality impairments;
however, the California Regional Water Control Board is currently
working with the Service to remedy these impairments. Although SLO-12
is not currently occupied, it does possess the PCE that could support
tidewater goby. On an intermittent basis, SLO-12 possesses a sandbar
across the mouth of the lagoon or estuary during the late spring,
summer, and fall that closes or partially closes the lagoon or estuary,
and thereby provides relatively stable conditions (PCE 1c). PCE 1a and
1b occur throughout the unit, although their precise location during
any particular time period may change in response to seasonal
fluctuations in precipitation and tidal inundation.
SB-1: Santa Maria River (474 ac (192 ha))
This unit is located in Santa Barbara County, approximately 13 mi
(21 km) west of the City of Santa Maria. The unit encompasses
approximately 474 ac (192 ha), and consists of 42 ac (17 ha) of local
lands and 432 ac (175 ha) of private lands. SB-1 is located 4 mi (6.4
km) south of Oso Flaco Lake (SLO-12), and is separated from the nearest
extant population to the south, in Shuman Canyon (not proposed as
critical habitat; see Application of Section 4(a)(3) of the Act--
Vandenberg Air Force Base section below), by 8.6 mi (13.9 km). SB-1 was
occupied at the time of listing. The tidewater goby population in this
unit is likely a source population for this region, and is therefore
important for maintaining the metapopulation in this region. This
critical habitat unit provides habitat for a tidewater goby population
that is important to the conservation of one of the genetically
distinct recovery units as described in the Recovery Plan (Dawson et
al. 2001, p. 1172). Maintaining this unit will reduce the chance of
losing the tidewater goby along this portion of the coast, and help
conserve genetic diversity within the species.
On an intermittent basis, SB-1 possesses a sandbar across the mouth
of the lagoon or estuary during the late spring, summer, and fall that
closes or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation. The physical or biological features essential to
the conservation of the species in this unit may require special
management considerations or protection to address threats described in
Table 3. Please see Special Management Considerations or Protection
section of this rule for a discussion of the threats to tidewater goby
habitat and potential management considerations.
SB-2: Ca[ntilde]ada de las Agujas (1 ac (1 ha))
This unit is located in Santa Barbara County, approximately 7.2 mi
(11.6 km) west of Gaviota. The unit encompasses approximately 1 ac (1
ha), and consists entirely of private lands. SB-2 is located 38.8 mi
(62.5 km) south of the Santa Maria River (SB-1), and is separated from
the nearest extant population to the south, in Arroyo El Bulito (not
proposed as critical habitat), by 0.4 mi (0.7 km). SB-2 was occupied at
the time of listing. This unit allows for connectivity between
tidewater goby source populations, and thereby supports gene flow and
metapopulation dynamics in this region. Furthermore, we believe this
unit, and units SB-3, SB-4, SB-5, and SB-6, likely act as a
metapopulation as defined in the Background section. These units are no
more than 2.0 mi (3.3 km) from each other, which facilitates higher
dispersal rates between sites. Because these units are of relatively
small size in area (1 to 9 ac (1 to 4 ha)), they are more susceptible
to drying or shrinking due to drought conditions, which increases the
likelihood of local extirpation. Lastly, because these units are small,
they are likely to be dependent upon some degree of periodic exchange
of tidewater goby between units for any one unit to persist over time.
Therefore, designation of critical habitat at these five locations is
necessary for the conservation of the tidewater goby along the Gaviota
Coast in Santa Barbara County.
On an intermittent basis, SB-2 possesses a sandbar across the mouth
of the lagoon or estuary during the late spring, summer, and fall that
closes or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation. The physical or biological features essential to
the conservation of the species in this unit may require special
management considerations or protection to address threats described in
Table 3. Please see Special Management Considerations or Protection
section of this rule for a discussion of the threats to tidewater goby
habitat and potential management considerations.
SB-3: Ca[ntilde]ada de Santa Anita (3 ac (1 ha))
This unit is located in Santa Barbara County, approximately 5.2 mi
(8.4 km) west of Gaviota. The unit encompasses approximately 3 ac (1
ha), and consists entirely of private lands. SB-3 is located 2.0 mi
(3.2 km) south of Ca[ntilde]ada de las Agujas (SB-2), and is separated
from the nearest extant population to the north, in Ca[ntilde]ada del
Agua (not proposed as critical habitat), by 0.4 mi (0.7 km). SB-3 was
occupied at the time of listing. This unit is important to the
conservation of the species because it allows for connectivity between
tidewater goby source populations, and thereby supports gene flow and
[[Page 65024]]
metapopulation dynamics in this region. Furthermore, as described above
in SB-2, we believe this unit, and units SB-2, SB-4, SB-5, and SB-6,
likely act as a metapopulation as defined in the Background section,
and that designation of critical habitat at these five locations is
necessary for the conservation of the tidewater goby along the Gaviota
Coast in Santa Barbara County.
On an intermittent basis, SB-3 possesses a sandbar across the mouth
of the lagoon or estuary during the late spring, summer, and fall that
closes or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation. The physical or biological features essential to
the conservation of the species in this unit may require special
management considerations or protection to address threats described in
Table 3. Please see Special Management Considerations or Protection
section of this rule for a discussion of the threats to tidewater goby
habitat and potential management considerations.
SB-4: Ca[ntilde]ada de Alegria (2 ac (1 ha))
This unit is located in Santa Barbara County, approximately 3.2 mi
(5.1 km) west of Gaviota. The unit encompasses approximately 2 ac (1
ha), and consists entirely of private lands. SB-1 is located 2.0 mi
(3.3 km) south of Ca[ntilde]ada de Santa Anita (SB-3), and is separated
from the nearest extant population to the south, in Ca[ntilde]ada del
Agua Caliente (SB-5), by 1.1 mi (1.8 km). SB-4 was occupied at the time
of listing. This unit is important to the conservation of the species
because it allows for connectivity between tidewater goby source
populations, and thereby supports gene flow and metapopulation dynamics
in this region. Furthermore, as described above in SB-2, we believe
this unit, and units SB-2, SB-3, SB-5, and SB-6, likely act as a
metapopulation as defined in the Background section, and that
designation of critical habitat at these five locations is necessary
for the conservation of the tidewater goby along the Gaviota Coast in
Santa Barbara County.
On an intermittent basis, SB-4 possesses a sandbar across the mouth
of the lagoon or estuary during the late spring, summer, and fall that
closes or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation. The physical or biological features essential to
the conservation of the species in this unit may require special
management considerations or protection to address threats described in
Table 3. Please see Special Management Considerations or Protection
section of this rule for a discussion of the threats to tidewater goby
habitat and potential management considerations.
SB-5: Ca[ntilde]ada del Agua Caliente (1 ac (1 ha))
This unit is located in Santa Barbara County, approximately 2.1 mi
(3.4 km) west of Gaviota. This unit encompasses approximately 1 ac (1
ha), and consists entirely of private lands. SB-5 is located 1.1 mi
(1.8 km) south of Ca[ntilde]ada de Alegria (SB-4), which is also the
nearest extant population. SB-5 was occupied at the time of listing.
This critical habitat unit provides habitat for a tidewater goby
population that is important to the conservation of one of the
genetically distinct recovery units as described in the Recovery Plan
(Dawson et al. 2001, p. 1172). This unit helps conserve genetic
diversity within the species. This unit also allows for connectivity
between tidewater goby source populations, and thereby supports gene
flow and metapopulation dynamics in this region. Furthermore, as
described above in SB-2, we believe this unit, and units SB-2, SB-3,
SB-4, and SB-6, likely act as a metapopulation as defined in the
Background section, and that designation of critical habitat at these
five locations is necessary for the conservation of the tidewater goby
along the Gaviota Coast in Santa Barbara County.
On an intermittent basis, SB-5 possesses a sandbar across the mouth
of the lagoon or estuary during the late spring, summer, and fall that
closes or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation. The physical or biological features essential to
the conservation of the species in this unit may require special
management considerations or protection to address threats described in
Table 3. Please see Special Management Considerations or Protection
section of this rule for a discussion of the threats to tidewater goby
habitat and potential management considerations.
SB-6: Gaviota Creek (11 ac (5 ha))
This unit is located in Santa Barbara County, approximately 0.8 mi
(1.3 km) west of Gaviota. This unit encompasses approximately 11 ac (5
ha), and consists of 10 ac (4 ha) of State lands and 1 ac (1 ha) of
private lands. SB-6 is located 1.5 mi (2.4 km) south of Ca[ntilde]ada
del Agua Caliente (SB-5), which is also the nearest extant population.
SB-6 was occupied at the time of listing. This unit is important to the
conservation of the species because maintaining it will reduce the
chance of losing the tidewater goby along this portion of the coast. It
also allows for connectivity between tidewater goby source populations,
and thereby supports gene flow and metapopulation dynamics in this
region. Furthermore, as described above in SB-2, we believe this unit,
and units SB-2, SB-3, SB-4, and SB-5, likely act as a metapopulation as
defined in the Background section, and that designation of critical
habitat at these five locations is necessary for the conservation of
the tidewater goby along the Gaviota Coast in Santa Barbara County.
On an intermittent basis, SB-6 possesses a sandbar across the mouth
of the lagoon or estuary during the late spring, summer, and fall that
closes or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation. The physical or biological features essential to
the conservation of the species in this unit may require special
management considerations or protection to address threats described in
Table 3. Please see Special Management Considerations or Protection
section of this rule for a discussion of the threats to tidewater goby
habitat and potential management considerations.
SB-7: Arroyo Hondo (1 ac (1 ha))
This unit is located in Santa Barbara County, approximately 5.0 mi
(8.0 km) east of Gaviota. This unit encompasses approximately 1 ac (1
ha), and consists entirely of private lands. SB-7 is located 5.0 mi
(8.0 km) south of Gaviota Creek (SB-6), and is separated from the
nearest extant population to the south, in Arroyo Quemado (not proposed
as critical habitat), by 1.3 mi (2.0 km). This unit is outside the
geographical area occupied by the species at the time of listing, but
was subsequently found to
[[Page 65025]]
be occupied. This unit is essential for the conservation of the species
because it provides habitat to nearby occupied units and could provide
habitat for maintaining the tidewater goby metapopulation in the
region. Maintaining this unit will reduce the chance of losing the
tidewater goby along this portion of the coast, and help conserve
genetic diversity within the species. Although SB-7 was not considered
to be occupied at the time of listing, it does possess the PCE that
support tidewater goby. On an intermittent basis, SB-7 possesses a
sandbar across the mouth of the lagoon or estuary during the late
spring, summer, and fall that closes or partially closes the lagoon or
estuary, and thereby provides relatively stable conditions (PCE 1c).
PCE 1a and 1b occur throughout the unit, although their precise
location during any particular time period may change in response to
seasonal fluctuations in precipitation and tidal inundation.
SB-8: Winchester/Bell Canyon (6 ac (3 ha))
This unit is located in Santa Barbara County, approximately 2.2 mi
(3.5 km) west of the community of El Encanto Heights. The unit
encompasses approximately 6 ac (3 ha), and consists of 1 ac (1 ha) of
local lands and 5 ac (2 ha) of private lands. SB-8 is located 6.0 mi
(9.6 km) north of Goleta Slough (SB-9), and is separated from the
nearest extant population to the north, Tecolote Canyon (not proposed
as critical habitat), by 0.3 mi (0.4 km). SB-8 was occupied at the time
of listing. This unit is important to the conservation of the species
because it allows for connectivity between tidewater goby source
populations, and thereby supports gene flow and metapopulation dynamics
in this region.
On an intermittent basis, SB-8 possesses a sandbar across the mouth
of the lagoon or estuary during the late spring, summer, and fall that
closes or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation. The physical or biological features essential to
the conservation of the species in this unit may require special
management considerations or protection to address threats described in
Table 3. Please see Special Management Considerations or Protection
section of this rule for a discussion of the threats to tidewater goby
habitat and potential management considerations.
SB-9: Goleta Slough (190 ac (76 ha))
This unit is located in Santa Barbara County, within the City of
Goleta. The unit encompasses approximately 190 ac (76 ha), and consists
of 164 ac (66 ha) of local lands and 26 ac (10 ha) of private lands.
SB-9 is located 6.0 mi (9.6 km) south of Winchester/Bell Canyon (SB-8),
and is separated from the nearest extant population to the north,
Devereux Slough (not proposed as critical habitat), by 4.0 mi (6.4 km).
This unit is outside the geographical area occupied by the species at
the time of listing, but is currently occupied. This unit is essential
for the conservation of the species because it provides habitat for the
species, allows for connectivity between tidewater goby source
populations from nearby units, supports gene flow, and provides for
metapopulation dynamics in this region. Although SB-9 was not
considered to be occupied at the time of listing, it does possess the
PCE that could support tidewater goby. On an intermittent basis, SB-9
possesses a sandbar across the mouth of the lagoon or estuary during
the late spring, summer, and fall that closes or partially closes the
lagoon or estuary, and thereby provides relatively stable conditions
(PCE 1c). PCE 1a and 1b occur throughout the unit, although their
precise location during any particular time period may change in
response to seasonal fluctuations in precipitation and tidal
inundation.
SB-10: Arroyo Burro (3 ac (1 ha))
This unit is located in Santa Barbara County, approximately 3.6 mi
(5.8 km) west of the City of Santa Barbara. The unit encompasses
approximately 3 ac (1 ha), and consists entirely of local lands. SB-10
is located 4.0 mi (6.4 km) north of Mission Creek-Laguna Channel (SB-
11), which is also the nearest extant population. This unit is outside
the geographical area occupied by the species at the time of listing,
but was subsequently found to be occupied. This unit is essential for
the conservation of the species because it provides habitat for the
species, allows for connectivity between tidewater goby source
populations from nearby units, supports gene flow, and provides for
metapopulation dynamics in this region. Although SB-10 was not
considered to be occupied at the time of listing, it does possess the
PCE that could support tidewater goby. On an intermittent basis, SB-10
possesses a sandbar across the mouth of the lagoon or estuary during
the late spring, summer, and fall that closes or partially closes the
lagoon or estuary, and thereby provides relatively stable conditions
(PCE 1c). PCE 1a and 1b occur throughout the unit, although their
precise location during any particular time period may change in
response to seasonal fluctuations in precipitation and tidal
inundation.
SB-11: Mission Creek-Laguna Channel (7 ac (3 ha))
This unit is located in Santa Barbara County, within the City of
Santa Barbara. The unit encompasses approximately 7 ac (3 ha), and
consists of 3 ac (1 ha) of State lands and 4 ac (2 ha) of local lands.
SB-11 is located 4.0 mi (6.4 km) south of Arroyo Burro (SB-10), and is
separated from the nearest extant population to the south, in Sycamore
Creek (not proposed as critical habitat), by 1.0 mi (1.5 km). SB-11 was
occupied at the time of listing. The tidewater goby population in this
unit is likely a source population for this region, and is therefore
important for maintaining the metapopulation in this region.
Maintaining this unit will reduce the chance of losing the tidewater
goby along this portion of the coast.
On an intermittent basis, SB-11 possesses a sandbar across the
mouth of the lagoon or estuary during the late spring, summer, and fall
that closes or partially closes the lagoon or estuary, and thereby
provides relatively stable conditions (PCE 1c). PCE 1a and 1b occur
throughout the unit, although their precise location during any
particular time period may change in response to seasonal fluctuations
in precipitation and tidal inundation. The physical or biological
features essential to the conservation of the species in this unit may
require special management considerations or protection to address
threats described in Table 3. Please see Special Management
Considerations or Protection section of this rule for a discussion of
the threats to tidewater goby habitat and potential management
considerations.
SB-12: Arroyo Paredon (4 ac (3 ha))
This unit is located in Santa Barbara County, within the City of
Santa Barbara. The unit encompasses approximately 4 ac (3 ha), and
consists of 1 ac (1 ha) of State lands, 1 ac (1 ha) local lands, and 2
ac (1 ha) of private lands. SB-12 is located 8.0 mi (12.8 km) south of
Mission Creek-Laguna Channel (SB-11), and is separated from the nearest
extant population to the south, in Carpinteria Creek (not proposed as
critical habitat), by 2.7 mi (4.3 km). This unit is outside the
geographical area
[[Page 65026]]
occupied by the species at the time of listing, but was subsequently
found to be occupied. This unit is essential for the conservation of
the species because it provides habitat for the species, allows for
connectivity between tidewater goby source populations from nearby
units, supports gene flow, and provides for metapopulation dynamics in
this region. Although SB-12 was not considered to be occupied at the
time of listing, it does possess the PCE that could support tidewater
goby. On an intermittent basis, SB-12 possesses a sandbar across the
mouth of the lagoon or estuary during the late spring, summer, and fall
that closes or partially closes the lagoon or estuary, and thereby
provides relatively stable conditions (PCE 1c). PCE 1a and 1b occur
throughout the unit, although their precise location during any
particular time period may change in response to seasonal fluctuations
in precipitation and tidal inundation.
VEN-1: Ventura River (50 ac (21 ha))
This unit is located in Ventura County, within the City of Ventura.
The unit encompasses approximately 50 ac (21 ha), and consists of 25 ac
(10 ha) of State lands, 16 ac (7 ha) of local lands, and 9 ac (4 ha) of
private lands. VEN-1 is located 4.3 mi (7.0 km) north of the Santa
Clara River (VEN-2), which is also the nearest extant population. VEN-1
was occupied at the time of listing. The tidewater goby population in
this unit is likely a source population for this region, and is
therefore important for maintaining the metapopulation in this region.
This critical habitat unit provides habitat for a tidewater goby
population that is important to the conservation of one of the
genetically distinct recovery units as described in the Recovery Plan
(Dawson et al. 2001, p. 1172). Maintaining this unit will reduce the
chance of losing the tidewater goby along this portion of the coast,
and help conserve genetic diversity within the species.
On an intermittent basis, VEN-1 possesses a sandbar across the
mouth of the lagoon or estuary during the late spring, summer, and fall
that closes or partially closes the lagoon or estuary, and thereby
provides relatively stable conditions (PCE 1c). PCE 1a and 1b occur
throughout the unit, although their precise location during any
particular time period may change in response to seasonal fluctuations
in precipitation and tidal inundation. The physical or biological
features essential to the conservation of the species in this unit may
require special management considerations or protection to address
threats described in Table 3. Please see Special Management
Considerations or Protection section of this rule for a discussion of
the threats to tidewater goby habitat and potential management
considerations.
VEN-2: Santa Clara River (323 ac (130 ha))
This unit is located in Ventura County, approximately 4 mi (6.4 km)
southeast of the City of Ventura. This unit encompasses approximately
323 ac (130 ha), and consists of 199 ac (80 ha) of State lands, 14 ac
(6 ha) of local lands, and 110 ac (44 ha) of private lands. VEN-2 is
located 4.3 mi (7.0 km) south of the Ventura River unit (VEN-1), which
is also the nearest extant population. VEN-2 was occupied by tidewater
goby at the time of listing. The tidewater goby population in this unit
is likely a source population for this region, and is therefore
important for maintaining the metapopulation in this region. VEN-2 unit
will support the recovery of the tidewater goby population along this
portion of the coast. This unit is known to have tens of thousands of
tidewater goby during certain times of the year (C. Dellith, Service,
pers. comm. 2010), and is considered one of the largest tidewater goby
populations in southern California.
On an intermittent basis, VEN-2 possesses a sandbar across the
mouth of the lagoon or estuary during the late spring, summer, and fall
that closes or partially closes the lagoon or estuary, and thereby
provides relatively stable conditions (PCE 1c). PCE 1a and 1b occur
throughout the unit, although their precise location during any
particular time period may change in response to seasonal fluctuations
in precipitation and tidal inundation. The physical or biological
features essential to the conservation of the species in this unit may
require special management considerations or protection to address
threats described in Table 3. Please see Special Management
Considerations or Protection section of this rule for a discussion of
the threats to tidewater goby habitat and potential management
considerations.
VEN-3: J Street Drain-Ormond Lagoon (121 ac (49 ha))
This unit is located in Ventura County, approximately 1 mi (1.6 km)
east of Port Hueneme. This unit encompasses approximately 121 ac (49
ha), and consists of 5 ac (2 ha) of State lands, 49 ac (20 ha) of local
lands, and 67 ac (27 ha) of private lands. VEN-3 is located 4.3 mi (6.9
km) south of the Santa Clara River (VEN-2), which is also the nearest
extant population. VEN-3 was occupied at the time of listing. This unit
allows for connectivity between tidewater goby source populations, and
thereby supports gene flow and metapopulation dynamics in this region.
On an intermittent basis, VEN-3 possesses a sandbar across the mouth of
the lagoon or estuary during the late spring, summer, and fall that
closes or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation. The physical or biological features essential to
the conservation of the species in this unit may require special
management considerations or protection to address threats described in
Table 3. Please see Special Management Considerations or Protection
section of this rule for a discussion of the threats to tidewater goby
habitat and potential management considerations.
VEN-4: Big Sycamore Canyon (1 ac (1 ha))
This unit is located in Ventura County, approximately 12.0 mi (19.3
km) northwest of the City of Malibu. The unit encompasses approximately
1 ac (1 ha), and consists entirely of State lands. VEN-4 is located 5.0
mi (8.0 km) north of Arroyo Sequit (LA-1), and is separated from the
nearest extant population to the north, in the Calleguas Creek (not
proposed as critical habitat), by 5.0 mi (8.0 km). This unit is outside
the geographical area occupied by the species at the time of listing,
but was subsequently found to be occupied. This unit is essential for
the conservation of the species because it provides habitat for the
species, allows for connectivity between tidewater goby source
populations from nearby units, supports gene flow, and provides for
metapopulation dynamics in this region. Although VEN-4 was not
considered to be occupied at the time of listing, it does possess the
PCE that could support tidewater goby. On an intermittent basis, VEN-4
possesses a sandbar across the mouth of the lagoon or estuary during
the late spring, summer, and fall that closes or partially closes the
lagoon or estuary, and thereby provides relatively stable conditions
(PCE 1c). PCE 1a and 1b occur throughout the unit, although their
precise location during any particular time period may change in
response to seasonal fluctuations in precipitation and tidal
inundation.
[[Page 65027]]
LA-1: Arroyo Sequit (1 ac (1 ha))
This unit is located in Los Angeles County, approximately 7.5 mi
(12.0 km) northwest of the City of Malibu. The unit encompasses
approximately 1 ac (1 ha), and consists entirely of State lands. LA-1
is located 5.0 mi (8 km) south of Big Sycamore Canyon (VEN-4), which is
the nearest extant population. This unit is outside the geographical
area occupied by the species at the time of listing, is not known to be
currently occupied, and there are no historical tidewater goby records
for this location. However, this unit is essential for the conservation
of the species because it provides habitat to nearby occupied units and
is identified in the Recovery Plan as a potential introduction site,
and could provide habitat for maintaining the tidewater goby
metapopulation in the region. This unit will provide habitat for
tidewater goby that disperse from Big Sycamore Creek and the Malibu
Lagoon, either through natural means or by reintroduction, which may
serve to decrease the risk of extirpation of this metapopulation
through stochastic events. This unit would also allow for connectivity
between tidewater goby source populations, and thereby supports gene
flow and metapopulation dynamics in this region.
Although LA-1 is not currently occupied, it does possess the PCE
that could support tidewater goby. On an intermittent basis, LA-1
possesses a sandbar across the mouth of the lagoon or estuary during
the late spring, summer, and fall that closes or partially closes the
lagoon or estuary, and thereby provides relatively stable conditions
(PCE 1c). PCE 1a and 1b occur throughout the unit, although their
precise location during any particular time period may change in
response to seasonal fluctuations in precipitation and tidal
inundation.
LA-2: Zuma Canyon (5 ac (2 ha))
This unit is located in Los Angeles County, approximately 7.5 mi
(12.0 km) northwest of the City of Malibu. The unit encompasses
approximately 5 ac (2 ha), and consists entirely of local lands
administered by Los Angeles County. LA-2 is located 6.8 mi (11 km)
south of Arroyo Sequit (LA-1), and is separated from the nearest extant
population to the south, in the Malibu Lagoon (LA-3), by 10.0 mi (16.0
km). LA-2 is outside the geographical area occupied by the species at
the time of listing, is not known to be currently occupied, and there
are no historical tidewater goby records for this location. However,
this unit is essential for the conservation of the species because it
provides habitat to nearby occupied units and is identified in the
Recovery Plan as a potential introduction site, and could provide
habitat for maintaining the tidewater goby metapopulation in the
region. This unit will provide habitat for tidewater goby that disperse
from Big Sycamore Creek and the Malibu Lagoon, either through natural
means or by introduction, which may serve to decrease the risk of
extirpation of this metapopulation through stochastic events. This unit
would also allow for connectivity between tidewater goby source
populations, and thereby supports gene flow and metapopulation dynamics
in this region.
Although LA-2 is not currently occupied, it does possess the PCE
that could support tidewater goby. On an intermittent basis, LA-2
possesses a sandbar across the mouth of the lagoon or estuary during
the late spring, summer, and fall that closes or partially closes the
lagoon or estuary, and thereby provides relatively stable conditions
(PCE 1c). PCE 1a and 1b occur throughout the unit, although their
precise location during any particular time period may change in
response to seasonal fluctuations in precipitation and tidal
inundation.
LA-3: Malibu Lagoon (64 ac (27 ha))
This unit is located in Los Angeles County, approximately 0.6 mi (1
km) east of Malibu Beach. The unit encompasses approximately 64 ac (27
ha), and consists of 41 ac (27 ha) of State lands, 1 ac (1 ha) of local
lands, and 22 ac (9 ha) of private lands. LA-3 is located 6.0 mi (9.6
km) north of Topanga Canyon (LA-4), which is also the nearest extant
population. LA-3 was occupied at the time of listing. The tidewater
goby population in this unit is likely a source population for this
region, and is therefore important for maintaining the metapopulation
in this region. Maintaining this unit will also reduce the chance of
losing the tidewater goby along this portion of the coast. LA-3
supports one of the two remaining extant populations of tidewater goby
within Los Angeles County, and both areas supporting these populations
have been proposed as critical habitat.
On an intermittent basis, LA-3 possesses a sandbar across the mouth
of the lagoon or estuary during the late spring, summer, and fall that
closes or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation. The physical or biological features essential to
the conservation of the species in this unit may require special
management considerations or protection to address threats described in
Table 3. Please see Special Management Considerations or Protection
section of this rule for a discussion of the threats to tidewater goby
habitat and potential management considerations.
LA-4: Topanga Creek (6 ac (2 ha))
This unit is located in Los Angeles County, approximately 5.5 mi
(8.9 km) northwest of the City of Santa Monica. The unit encompasses
approximately 6 ac (2 ha), and consists of 4 ac (1 ha) of State lands
and 2 ac (1 ha) of private lands. LA-4 is located 6.0 mi (9.6 km) south
of Malibu Creek (LA-3), which is also the nearest extant population.
This unit is outside the geographical area occupied by the species at
the time of listing, but is currently occupied. Tidewater goby were
first detected at this locality in 2001 (Service 2005, p. C-30).
Tidewater goby in Topanga Canyon are probably derived from fish that
dispersed from Malibu Creek. This unit is essential for the
conservation of the species because it allows for connectivity between
tidewater goby source populations, and thereby supports gene flow and
metapopulation dynamics in this region. This location is one of the two
remaining locations in Los Angeles County known to be occupied by
tidewater goby.
Although LA-4 was not considered to be occupied at the time of
listing, it does possess the PCE that could support tidewater goby. On
an intermittent basis, LA-4 possesses a sandbar across the mouth of the
lagoon or estuary during the late spring, summer, and fall that closes
or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation.
OR-1: Aliso Creek (14 ac (5 ha))
This unit is located in Orange County, within the City of Laguna
Beach. The unit encompasses approximately 14 ac (6 ha), and consists of
8 ac (3 ha) of local lands and 6 ac (2 ha) of private lands. OR-1 is
located 13.5 mi (21.7 km) north of the San Mateo Creek (not proposed as
critical habitat, see Application of Section 4(a)(3) of the Act--Marine
Corps Base Camp Pendleton section below), which supports the nearest
extant population. This unit is outside the
[[Page 65028]]
geographical area occupied by the species at the time of listing, and
is not known to be currently occupied. OR-1 was last known to be
occupied in 1978 (Service 2005, p. C-31). However, this unit is
essential for the conservation of the species because it would allow
for connectivity and dispersal between tidewater goby source
populations. This unit is identified in the Recovery Plan as a
potential reintroduction site. If tidewater goby become established at
this location, this unit's primary functions would be to ensure
necessary metapopulation dynamics of tidewater goby and contribute to
maintaining the genetic diversity of the genetically unique South Coast
Recovery Unit. OR-1 will support the recovery of the tidewater goby
populations by serving as an area suitable for reintroduction of
tidewater goby near the northern extent of the South Coast Recovery
Unit, and is likely important for maintaining the tidewater goby
metapopulation in the region. The reason for the extirpation of the
historical population at this site is unknown.
Although OR-1 is not currently occupied, it does possess the PCE
that could support tidewater goby. On an intermittent basis, OR-1
possesses a sandbar across the mouth of the lagoon or estuary during
the late spring, summer, and fall that closes or partially closes the
lagoon or estuary, and thereby provides relatively stable conditions
(PCE 1c). PCE 1a and 1b occur throughout the unit, although their
precise location during any particular time period may change in
response to seasonal fluctuations in precipitation and tidal
inundation.
SAN-1: San Luis Rey River (56 ac (23 ha))
This unit is located in San Diego County, within the City of
Oceanside. The unit encompasses approximately 56 ac (23 ha), and
consists of 3 ac (1 ha) of State lands, 49 ac (20 ha) of local lands,
and 4 ac (2 ha) of private lands. SAN-1 is located approximately 2.5 mi
(4.0 km) south of the Santa Margarita River (not proposed as critical
habitat; see Application of Section 4(a)(3) of the Act--Marine Corps
Base Camp Pendleton section below), which supports the nearest known
extant population. This unit is outside the geographical area occupied
by the species at the time of listing but is currently occupied. This
unit is essential for the conservation of the species because it allows
for connectivity between tidewater goby source populations, and thereby
supports gene flow and metapopulation dynamics of the genetically
unique South Coast Recovery Unit. SAN-1 will support the recovery of
the tidewater goby population along this portion of the coast and may
help facilitate colonization of currently unoccupied locations to the
south identified in the Recovery Plan for the species. This unit will
function as one of the southern extents of the metapopulation complex
that is essential for the conservation of the species. Unit SAN-1 was
identified in the Recovery Plan as a potential reintroduction site.
Prior to 2010, tidewater goby were last detected in this unit in 1958
(K. Lafferty, University of California Santa Barbara, pers. comm.
2010). They have since re-colonized this area, presumably from one of
the occupied areas on MCB Camp Pendleton following a storm event. This
unit now represents the southernmost occupied area of the species'
distribution, and is important for maintaining the tidewater goby
metapopulation in the region.
Although SAN-1 was not considered to be occupied at the time of
listing, it does possess the PCE that could support tidewater goby. On
an intermittent basis, SAN-1 possesses a sandbar across the mouth of
the lagoon or estuary during the late spring, summer, and fall that
closes or partially closes the lagoon or estuary, and thereby provides
relatively stable conditions (PCE 1c). PCE 1a and 1b occur throughout
the unit, although their precise location during any particular time
period may change in response to seasonal fluctuations in precipitation
and tidal inundation.
Effects of Critical Habitat Designation
Section 7 Consultation
Section 7(a)(2) of the Act requires Federal agencies, including the
Service, to ensure that any action they fund, authorize, or carry out
is not likely to jeopardize the continued existence of any endangered
species or threatened species or result in the destruction or adverse
modification of designated critical habitat of such species. In
addition, section 7(a)(4) of the Act requires Federal agencies to
confer with the Service on any agency action which is likely to
jeopardize the continued existence of any species proposed to be listed
under the Act or result in the destruction or adverse modification of
proposed critical habitat.
Decisions by the 5th and 9th Circuit Courts of Appeals have
invalidated our regulatory definition of ``destruction or adverse
modification'' (50 CFR 402.02) (see Gifford Pinchot Task Force v. U.S.
Fish and Wildlife Service, 378 F. 3d 1059 (9th Cir. 2004) and Sierra
Club v. U.S. Fish and Wildlife Service et al., 245 F. 3d 434, 442 (5th
Cir. 2001)), and we do not rely on this regulatory definition when
analyzing whether an action is likely to destroy or adversely modify
critical habitat. Under the statutory provisions of the Act, we
determine destruction or adverse modification on the basis of whether,
with implementation of the proposed Federal action, the affected
critical habitat would continue to serve its intended conservation role
for the species.
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. Examples of actions that are subject to the
section 7 consultation process are actions on State, tribal, local, or
private lands that require 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 from the Service under section 10
of the Act) or that involve some other Federal action (such as funding
from the Federal Highway Administration, Federal Aviation
Administration, or the Federal Emergency Management Agency). Federal
actions not affecting listed species or critical habitat, and actions
on State, tribal, local, or private lands that are not federally funded
or authorized, do not require section 7 consultation.
As a result of section 7 consultation, we document compliance with
the requirements of section 7(a)(2) through our issuance of:
(1) A concurrence letter for Federal actions that may affect, but
are not likely to adversely affect, listed species or critical habitat;
or
(2) A biological opinion for Federal actions that may affect, and
are likely to adversely affect, listed species or critical habitat.
When we issue a biological opinion concluding that a project is
likely to jeopardize the continued existence of a listed species and/or
destroy or adversely modify critical habitat, we provide reasonable and
prudent alternatives to the project, if any are identifiable, that
would avoid the likelihood of jeopardy and/or destruction or adverse
modification of critical habitat. We define ``reasonable and prudent
alternatives'' (at 50 CFR 402.02) as alternative actions identified
during consultation that:
(1) Can be implemented in a manner consistent with the intended
purpose of the action;
(2) Can be implemented consistent with the scope of the Federal
agency's legal authority and jurisdiction;
[[Page 65029]]
(3) Are economically and technologically feasible; and
(4) Would, in the Director's opinion, avoid the likelihood of
jeopardizing the continued existence of the listed species and/or avoid
the likelihood of destroying or adversely modifying critical habitat.
Reasonable and prudent alternatives can vary from slight project
modifications to extensive redesign or relocation of the project. Costs
associated with implementing a reasonable and prudent alternative are
similarly variable.
Regulations at 50 CFR 402.16 require Federal agencies to reinitiate
consultation on previously reviewed actions in instances where we have
listed a new species or subsequently designated critical habitat that
may be affected and the Federal agency has retained discretionary
involvement or control over the action (or the agency's discretionary
involvement or control is authorized by law). Consequently, Federal
agencies sometimes may need to request reinitiation of consultation
with us on actions for which formal consultation has been completed, if
those actions with discretionary involvement or control may affect
subsequently listed species or designated critical habitat.
Application of the ``Adverse Modification'' Standard
The key factor related to the adverse modification determination is
whether, with implementation of the proposed Federal action, the
affected critical habitat would continue to serve its intended
conservation role for the species. Activities that may destroy or
adversely modify critical habitat are those that alter the physical or
biological features to an extent that appreciably reduces the
conservation value of critical habitat for tidewater goby. As discussed
above, the role of critical habitat is to support life-history needs of
the species and provide for the conservation of the species.
Section 4(b)(8) of the Act requires us to briefly evaluate and
describe, in any proposed or final regulation that designates critical
habitat, activities involving a Federal action that may destroy or
adversely modify such habitat, or that may be affected by such
designation.
Activities that may affect critical habitat, when carried out,
funded, or authorized by a Federal agency, should result in
consultation for the tidewater goby. These activities include, but are
not limited to:
(1) Actions such as channelization and water diversion that reduce
the amount of space available for individual and population growth and
normal behavior, and reduce or eliminate sites for breeding,
reproduction, and rearing (or development) of offspring.
(2) Actions that substantially alter the natural hydrologic regime
upstream of the designated critical habitat units. These activities
could include, but are not limited to, ground water pumping or surface
water diversion activities, construction of impoundments or flood
control structures, or the release of water in excess of levels that
historically occurred. Such activities could result in an atypical
reduction or excess amount of water present in the aquatic habitats
that tidewater goby occupy, and alter the salinity conditions that
support this species.
(3) Actions that substantially alter the channel morphology of the
designated critical habitat units or the areas up-gradient from these
units. Such activities may include, but are not limited to,
channelization projects, road and bridge projects, removal of
substrates, destruction and alteration of riparian vegetation,
reduction of available floodplain, and removal of gravel or floodplain
terrace materials. Such activities could increase water velocities and
flush large numbers of tidewater goby into the ocean, especially during
flood events.
(4) Actions that result in the discharge of agricultural and sewage
effluents, or chemical or biological pollutants, into the aquatic
habitats where tidewater goby occur. Such activities have the ability
to degrade the water quality where tidewater goby live, introduce toxic
substances that can poison individual fish, adversely affect fish
immune systems, and decrease the amount of oxygen in aquatic habitats
where the species occurs.
(5) Actions that cause atypical levels of sedimentation in coastal
wetland habitats or remove vegetative cover that stabilizes stream
banks. Such activities could include, but are not limited to, grazing
or mining activities, road construction projects, off-road vehicle use,
and other watershed and floodplain disturbance activities. Such
activities have the potential to alter the amount and composition of
the substrate in the habitats where tidewater goby occur, and thereby
affect the species' ability to construct breeding burrows.
(6) Actions that result in the artificial breaching of lagoon
habitats. Such activities can reduce the amount of space available for
individual and population growth; strand and desiccate tidewater goby
adults, fry, or eggs; and increase the risk of predation by native or
non-native predators as tidewater goby become concentrated and exposed
as water levels drop.
(7) Actions that create barriers that prevent tidewater goby from
accessing areas they would normally be able to access. These
activities, which may include, but are not limited to, water
diversions, road crossings, and sills, can reduce the amount of space
available for individual and population growth, and reduce the number
and extent of sites for breeding, reproduction, and rearing (or
development) of offspring.
Exemptions
Application of Section 4(a)(3) of the Act
The Sikes Act Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a)
required each military installation that includes land and water
suitable for the conservation and management of natural resources to
complete an integrated natural resources management plan (INRMP) by
November 17, 2001. An INRMP integrates implementation of the military
mission of the installation with stewardship of the natural resources
found on the base. Each INRMP includes:
(1) An assessment of the ecological needs on the installation,
including the need to provide for the conservation of listed species;
(2) A statement of goals and priorities;
(3) A detailed description of management actions to be implemented
to provide for these ecological needs; and
(4) A monitoring and adaptive management plan.
Among other things, each INRMP must, to the extent appropriate and
applicable, provide for fish and wildlife management; fish and wildlife
habitat enhancement or modification; wetland protection, enhancement,
and restoration where necessary to support fish and wildlife; and
enforcement of applicable natural resource laws.
The National Defense Authorization Act for Fiscal Year 2004 (Pub.
L. 108-136) amended the Act to limit areas eligible for designation as
critical habitat. Specifically, section 4(a)(3)(B)(i) of the Act (16
U.S.C. 1533(a)(3)(B)(i)) now provides: ``The Secretary shall not
designate as critical habitat any lands or other geographical areas
owned or controlled by the Department of Defense, or designated for its
use, that are subject to an integrated natural resources management
plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a), if
the Secretary determines in writing that such plan provides a benefit
to the species for which critical habitat is proposed for
designation.''
[[Page 65030]]
We consult with the military on the development and implementation
of INRMPs for installations with listed species. We analyzed INRMPs
developed by military installations located within the range of the
proposed revised critical habitat designation for tidewater goby to
determine if they are exempt under section 4(a)(3) of the Act.
Approved INRMPs
VAFB and MCB Camp Pendleton have approved INRMPs. The U.S. Air
Force and Marine Corps (on VAFB and MCB Camp Pendleton, respectively)
committed to working closely with us and California Department of Fish
and Game (CDFG) (as well as CDPR) with regards to lands leased by MCB
Camp Pendleton to continually refine the existing INRMPs as part of the
Sikes Act's INRMP review process. Based on our review of the INRMPs for
these military installations, and in accordance with section
4(a)(3)(B)(i) of the Act, we have determined that the lands within
these installations identified as meeting the definition of critical
habitat are subject to the INRMPs, and that conservation efforts
identified in these INRMPs will provide a benefit to the tidewater goby
(see the following sections that detail this determination for each
installation). Therefore, lands within these installations are exempt
from critical habitat designation under section 4(a)(3)(B) of the Act.
We are not including approximately 727 ac (294 ha) of habitat on
Vandenberg Air Force Base, and approximately 989 ac (400 ha) of habitat
on MCB Camp Pendleton, in this proposed revised critical habitat
designation because of this exemption.
Table 4 below provides approximate areas (ac, ha) of lands that
meet the definition of critical habitat, but are exempt from
designation under section 4(a)(3)(B) of the Act.
Table 4--Exemptions From Proposed Critical Habitat Designation for the Tidewater Goby Under Section 4(a)(3) of
the Act
----------------------------------------------------------------------------------------------------------------
Areas Meeting the
Definition of Critical Areas Exempted in Acres
Specific area Habitat in Acres (Hectares)
(Hectares)
----------------------------------------------------------------------------------------------------------------
Shuman Canyon................................................. 16 (7) 16 (7)
San Antonio Creek............................................. 63 (25) 63 (25)
Santa Ynez River.............................................. 638 (258) 638 (258)
Ca[ntilde]ada Honda........................................... 4 (2) 4 (2)
Jalama Creek.................................................. 6 (2) 6 (2)
San Mateo Creek............................................... 73 (30) 73 (30)
San Onofre Creek.............................................. 20 (8) 20 (8)
Las Flores/Las Pulgas Creek................................... 36 (14) 36 (14)
Hidden Lagoon................................................. 39 (16) 39 (16)
Aliso Canyon.................................................. 65 (26) 65 (26)
French Lagoon................................................. 60 (24) 60 (24)
Cockleburr Canyon............................................. 74 (30) 74 (30)
Santa Margarita River......................................... 789 (319) 789 (319)
-------------------------------------------------
Totals.................................................... 1,833 (761) 1,833 (761)
----------------------------------------------------------------------------------------------------------------
Vandenberg Air Force Base
VAFB is headquarters for the 30th Space Wing, the Air Force's Space
Command unit that operates VAFB and the Western Test Range/Pacific
Missile Range. VAFB operates as an aerospace center supporting west
coast launch activities for the Air Force, Department of Defense,
National Aeronautics and Space Administration, and commercial
contractors. The three primary operational missions of VAFB are to
launch, place, and track satellites in near-polar orbit; to test and
evaluate the intercontinental ballistic missile systems; and to support
aircraft operations in the western range. VAFB lies on the south-
central California coast, approximately 275 mi (442 km) south of San
Francisco, 140 mi (225 km) northwest of Los Angeles, and 55 mi (88 km)
northwest of Santa Barbara. The 99,100 ac (40,104 ha) base extends
along approximately 42 mi (67 km) of Santa Barbara County coast, and
varies in width from 5 to 15 mi (8 to 24 km).
The VAFB INRMP was prepared to provide strategic direction to
ecosystem and natural resources management on VAFB. The long-term goal
of the INRMP is to integrate all management activities in a manner that
sustains, promotes, and restores the health and integrity of VAFB
ecosystems using an adaptive management approach. The INRMP was
designed to: (1) Summarize existing management plans and natural
resources literature pertaining to VAFB; (2) identify and analyze
management goals in existing plans; (3) integrate the management goals
and objectives of individual plans; (4) support base compliance with
applicable regulatory requirements; (5) support the integration of
natural resource stewardship with the Air Force mission; and (6)
provide direction for monitoring strategies.
VAFB completed an INRMP in 2011, which benefits tidewater goby by:
(1) Avoiding tidewater goby and their habitat, whenever possible, in
project planning; (2) scheduling activities that may affect tidewater
goby outside of the peak breeding period (March to July); (3)
coordinating with VAFB water quality staff to prevent degradation and
contamination of aquatic habitats; and (4) prohibiting the introduction
of nonnative fishes into streams on-base (VAFB 2011, Tab D, p. 15).
Furthermore, VAFB's environmental staff reviews projects and enforces
existing regulations and orders that, through their implementation,
avoid and minimize impacts to natural resources, including tidewater
goby and their habitat. In addition, VAFB's INRMP protects aquatic
habitats for the tidewater goby by excluding cattle from wetlands and
riparian areas through the installation and maintenance of fencing.
Habitat features essential to the conservation of the tidewater
goby exist on VAFB, and activities occurring on VAFB are currently
being conducted in a manner that minimizes impacts to tidewater goby
habitat. This military installation has an approved INRMP that provides
a benefit to the tidewater goby, and VAFB has committed to work closely
with the Service and the CDFG to continually refine their existing
[[Page 65031]]
INRMP as part of the Sikes Act's INRMP review process. Therefore, based
on the above considerations, and in accordance with section
4(a)(3)(B)(i) of the Act, we have determined that conservation efforts
identified in the 2011 INRMP for VAFB provide a benefit to the
tidewater goby and its habitat. This includes habitat located in the
following areas: Shuman Canyon, San Antonio Creek, Santa Ynez River,
Ca[ntilde]ada Honda, and Jalama Creek. Therefore, lands subject to the
INRMP for VAFB, which includes the lands leased from the Department of
Defense by other parties, are exempt from critical habitat designation
under section 4(a)(3)(B) of the Act, and we are not including
approximately 727 ac (294 ha) of habitat in this proposed revised
critical habitat designation because of this exemption.
Marine Corps Base Camp Pendleton
MCB Camp Pendleton is the Marine Corps' premier amphibious training
installation, and its only west coast amphibious assault training
center. The installation has been conducting air, sea, and ground
assault training since World War II. MCB Camp Pendleton occupies over
125,000 ac (50,586 ha) of coastal southern California in the northwest
corner of San Diego County. Aside from nearly 10,000 ac (4,047 ha) that
are developed, most of the installation consists of undeveloped land
used for training. MCB Camp Pendleton is situated between two major
metropolitan areas: Los Angeles, 82 mi (132 km) to the north, and San
Diego, 38 mi (61 km) to the south. Nearby communities include Oceanside
to the south, Fallbrook to the east, and San Clemente to the northwest.
Aside from a portion of the installation's border that is shared with
the San Mateo Wilderness Area and the Fallbrook Naval Weapons Station,
the surrounding land use is urban development, rural residential
development, and agricultural farming and ranching. The largest single
leaseholder on the installation is California State Parks, which
includes a 50-year real estate lease granted on September 1, 1971, for
2,000 ac (809 ha) that encompass San Onofre State Beach.
The MCB Camp Pendleton INRMP is a planning document that guides the
management and conservation of natural resources under the
installation's control. The INRMP was prepared to assist installation
staff and users in their efforts to conserve and rehabilitate natural
resources consistent with the use of MCB Camp Pendleton to train
Marines and set the agenda for managing natural resources on MCB Camp
Pendleton. MCB Camp Pendleton completed its INRMP in 2001, followed by
a revised and updated version in 2007 to address conservation and
management recommendations within the scope of the installation's
military mission, including conservation measures for tidewater goby
(MCB Camp Pendleton 2007, Appendix F, Section F.22, pp. F-78-F-85).
Additionally, according to the 2007 INRMP, California State Parks is
required to conduct its natural resources management consistent with
the philosophies and objectives of the revised 2007 INRMP (MCB Camp
Pendleton 2007, Chapter 2, p. 31).
Tidewater goby receives programmatic protection from training and
other installation activities within the estuarine component of its
habitat, as outlined and required in both the Estuarine and Beach
Ecosystem Conservation Plan and the Riparian Ecosystem Conservation
Plan (MCB Camp Pendleton 2007, Appendices B and C, respectively).
Management and protection measures that benefit tidewater goby
identified in Appendix B of the INRMP include, but are not limited to,
the following: (1) Maintaining connectivity of beach and estuarine
ecosystems with riparian and upland ecosystems; (2) promoting natural
hydrological processes to maintain estuarine water quality and
quantity; (3) maximizing the probability of tidewater goby
metapopulation existence within the lagoon complex (MCB Camp Pendleton
2007, Appendix B, pp. B5-B7). Management and protection measures that
benefit tidewater goby identified in Appendix C of the INRMP include,
but are not limited to, the following: (1) Eliminating nonnative
invasive species (such as Arundo donax (giant reed)) on the
installation and off the installation in partnership with upstream
landowners to enhance ecosystem value; (2) providing viable riparian
corridors and promoting connectivity of native riparian habitats; (3)
providing for unimpeded hydrologic and sedimentary floodplain dynamics
to support the maintenance and enhancement of biota; (4) maintaining
natural floodplain processes and extent of these areas by avoiding and
minimizing further permanent loss of floodplain habitats; (5)
maintaining to the maximum extent possible natural flood regimes; (6)
maintaining to the extent practicable stream and river flows needed to
support riparian habitat; (7) monitoring and maintaining groundwater
levels and basin withdrawals to avoid loss and degradation of habitat
quality; (8) restoring areas to their original condition after
disturbance, such as following project construction or fire damage; and
(9) promoting increased tidewater goby populations in watersheds
through perpetuation of natural ecosystem processes and programmatic
instruction application for avoidance and minimization of impacts (MCB
Camp Pendleton 2007, Appendix C, pp. C5-C8).
Current environmental regulations and restrictions apply to all
threatened and endangered species on the installation (including
tidewater goby) and are provided to all users of ranges and training
areas to guide activities and protect the species and its habitat.
First, specific conservation measures are applied to tidewater goby and
its habitat that include: (1) Controlling nonnative animal species
(such as bullfrogs) and nonnative plant species (such as Arundo donax
and Rorippa spp. (watercress)); and (2) restricting military-related
traffic use within riparian areas to existing roads, trails, and
crossings. Second, MCB Camp Pendleton's environmental security staff
review projects and enforce existing regulations and orders that,
through their implementation, avoid and minimize impacts to natural
resources, including tidewater goby and its habitat. Third, MCB Camp
Pendleton provides training to personnel on environmental awareness for
sensitive resources on the base, including tidewater goby and its
habitat. As a result of these regulations and restrictions, activities
occurring on MCB Camp Pendleton are currently conducted in a manner
that minimizes impacts to tidewater goby habitat.
MCB Camp Pendleton's INRMP also benefits tidewater goby through
ongoing monitoring and research efforts. The installation conducts
monitoring of tidewater goby populations at least once every 3 years,
and also conducts monitoring to determine impacts of relocation of
effluent infiltration ponds (MCB Camp Pendleton 2007, Appendix B, p.
B8). Data are provided to all necessary personnel through MCB Camp
Pendleton's GIS database on sensitive resources and in their published
resource atlas. Additionally, MCB Camp Pendleton collaborated with the
U.S. Geological Survey's Biological Resources Division to develop and
implement a rigorous science-based monitoring protocol for tidewater
goby populations throughout the installation, including monitoring
water quality variables at all historically occupied sites regardless
of current occupation status (Lafferty 2010, pp. 10-11).
Based on the above considerations, and in accordance with section
4(a)(3)(B)(i) of the Act, we have
[[Page 65032]]
determined that conservation efforts identified in the 2007 INRMP for
MCB Camp Pendleton provide a benefit to tidewater goby and its habitat.
This includes habitat located in the following areas: San Mateo Creek,
San Onofre Creek, Las Flores/Las Pulgas Creek, Hidden Lagoon, Aliso
Canyon, French Lagoon, Cockleburr Canyon, and Santa Margarita River
(names of areas follow those used in the Recovery Plan (Service 2005,
pp. B21-22)). Therefore, lands subject to the INRMP for MCB Camp
Pendleton, which includes the lands leased from the Department of
Defense by other parties, are exempt from critical habitat designation
under section 4(a)(3)(B) of the Act, and we are not including
approximately 989 ac (400 ha) of habitat in this proposed revised
critical habitat designation because of this exemption.
Exclusions
Application of Section 4(b)(2) of the Act
Section 4(b)(2) of the Act states that the Secretary shall
designate and make revisions to critical habitat on the basis of the
best available scientific data after taking into consideration the
economic impact, national security impact, and any other relevant
impact of specifying any particular area as critical habitat. The
Secretary may exclude an area from critical habitat if he determines
that the benefits of such exclusion outweigh the benefits of specifying
such area as part of the critical habitat, unless he determines, based
on the best scientific data available, that the failure to designate
such area as critical habitat will result in the extinction of the
species. In making that determination, the statute on its face, as well
as the legislative history, are clear that the Secretary has 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, we may exclude an area from
designated critical habitat based on economic impacts, impacts on
national security, or any other relevant impacts. In considering
whether to exclude a particular area from the designation, we must
identify the benefits of including the area in the designation,
identify the benefits of excluding the area from the designation, and
determine whether the benefits of exclusion outweigh the benefits of
inclusion. If the analysis indicates that the benefits of exclusion
outweigh the benefits of inclusion, the Secretary may exercise his
discretion to exclude the area only if such exclusion would not result
in the extinction of the species.
Exclusions Based on Economic Impacts
Under section 4(b)(2) of the Act, we consider the economic impacts
of specifying any particular area as critical habitat. In order to
consider economic impacts, we are preparing an analysis of the economic
impacts of the proposed critical habitat designation and related
factors.
On January 9, 2008, a final analysis of the potential economic
effects of the November 26, 2006, proposed revised designation (71 FR
68914) was completed, taking into consideration public comments and any
new information. The economic analysis considered the potential
economic effects of actions relating to the conservation of the
tidewater goby, including costs associated with sections 4, 7, and 10
of the Act, and including those attributable to the designation of
critical habitat. It further considered the economic effects of
protective measures taken as a result of other Federal, State, and
local laws that aid habitat conservation for the tidewater goby in
areas containing features essential to the conservation of the species.
The analysis considered 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 September 25, 2007, Federal Register notice (72 FR 54411)
provided a detailed economics section for the areas proposed as
critical habitat for the tidewater goby. The analysis estimated post-
designation costs associated with conservation efforts for the
tidewater goby to be approximately $25 million (undiscounted) over the
next 20 years (2007 to 2026) as a result of the proposed revised
designation of critical habitat. Discounted future costs were estimated
to be approximately $22 million ($1.5 million annualized) at a 3
percent discount rate or approximately $20 million ($1.8 million
annualized) at a 7 percent discount rate.
Appendix B of the final economic analysis estimated the potential
incremental impacts of critical habitat designation for the tidewater
goby. It did so by attempting to isolate those direct and indirect
impacts that are expected to be triggered specifically by the critical
habitat designation. The incremental conservation efforts and
associated impacts included in Appendix B would not be expected to
occur absent the designation of critical habitat for the tidewater
goby. Total present value potential incremental impacts were estimated
to be $206,000 discounted at 3 percent. All other impacts quantified in
the final economic analysis were considered baseline impacts, and were
not expected to be affected by the critical habitat designation.
We will announce the availability of the revised draft economic
analysis for this proposal 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.regulations.gov, or by contacting the Ventura Fish and
Wildlife Office directly (see FOR FURTHER INFORMATION CONTACT section).
During the development of a final designation, we will consider
economic impacts, public comments, and other new information, and areas
that may be excluded from the final critical habitat designation under
section 4(b)(2) of the Act and our implementing regulations at 50 CFR
424.19.
Exclusions Based on National Security Impacts
Under section 4(b)(2) of the Act, we consider whether there are
lands owned or managed by the Department of Defense where a national
security impact might exist. In preparing this proposal, we have
determined that the lands within the proposed designation of critical
habitat for tidewater goby are not owned or managed by the Department
of Defense, and, therefore, we anticipate no impact on national
security. Consequently, the Secretary is not currently considering
exercising his discretion to exclude any areas from the final
designation based on impacts on national security.
Exclusions Based on Other Relevant Impacts
Under section 4(b)(2) of the Act, we consider any other relevant
impacts in addition to economic impacts and impacts on national
security. We consider a number of factors, including whether the
landowners have developed any HCPs or other management plans for the
area, or whether there are conservation partnerships that would be
encouraged by designation of, or exclusion from, critical habitat. In
addition, 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 impacts that might occur because of the
designation.
[[Page 65033]]
In preparing this proposal, we have determined that there are
currently no HCPs or other management plans for tidewater goby, and the
proposed revised designation does not include any tribal lands or trust
resources. We anticipate no impact on tribal lands, partnerships, or
HCPs from this proposed critical habitat designation. Accordingly, the
Secretary is not currently considering exercising his discretion to
exclude any areas from the final designation based on other relevant
impacts.
Peer Review
In accordance with our joint policy on peer review 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 peer review is to ensure
that our critical habitat designation is based on scientifically sound
data, assumptions, and analyses. We will invite these peer reviewers to
comment during this public comment period on our specific assumptions
and conclusions in this proposed designation of critical habitat.
We will consider all comments and information we receive during
this comment period on this proposed rule during our preparation of a
final determination. Accordingly, the final decision may differ from
this proposal.
Public Hearings
Section 4(b)(5) of the Act provides for one or more public hearings
on this proposal, if requested. Requests must be received within 45
days after the date of publication of this proposed rule in the Federal
Register. Such requests must be sent to the address shown in the
ADDRESSES section. We will schedule public hearings on this proposal,
if any are requested, and announce the dates, times, and places of
those hearings, as well as how to obtain reasonable accommodations, in
the Federal Register and local newspapers at least 15 days before the
hearing.
Required Determinations
Regulatory Planning and Review--Executive Order 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 (Regulatory Planning and Review). OMB
bases its determination upon the following four criteria:
(1) 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.
(2) Whether the rule will create inconsistencies with other Federal
agencies' actions.
(3) Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
(4) Whether the rule raises novel legal or policy issues.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.),
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996 (5 U.S.C 801 et seq.), whenever an agency must 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
RFA to require Federal agencies to provide a certification statement of
the factual basis for certifying that the rule will not have a
significant economic impact on a substantial number of small entities.
We will prepare a new economic analysis for this proposed revised
critical habitat designation for the tidewater goby. At this time, we
lack the available economic information necessary to provide an
adequate factual basis for the required RFA finding. Therefore, we
defer the RFA finding 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, we will announce availability of
the draft economic analysis of the proposed designation in the Federal
Register and reopen the public comment period for the proposed
designation. We will include with this announcement, 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.
An analysis of the economic impacts of the 2006 proposed revised
critical habitat designation was made available to the public on
September 25, 2007 (72 FR 54411), and finalized in the final rule to
designate critical habitat published in the Federal Register on January
31, 2008 (73 FR 5920). In our economic analysis of that designation (73
FR 5920, p. 5951), we evaluated small business entities in five
categories: Water management, grazing, transportation, natural resource
management, and oil and gas pipeline construction and maintenance.
Based on the results of the analysis, incremental impacts are
associated with additional administrative costs of section 7
consultations in water management, transportation, natural resource
management, and oil and gas pipeline construction and maintenance. No
additional project modification costs were expected to result from the
designation. All impacts quantified in our economic analysis, other
than the incremental portion of administrative costs, were forecasted
to occur regardless of critical habitat designation for the tidewater
goby. Additional administrative costs resulting from this designation
were expected to be borne by various public agencies, including the
Service, the U.S. Army Corps of Engineers, California State
departments, and various California city and county governments;
however, none of these qualified as small entities. Del Norte County,
which was the only county containing proposed critical habitat that
qualified as a small entity, was not expected to bear any incremental
impacts of tidewater goby conservation from the critical habitat
designation. Therefore, this analysis did not anticipate any impacts to
small entities. However, the economic analysis prepared for the 2008
critical habitat designation does not accurately reflect the full range
of potential economic impacts that may result from this proposed
revision to tidewater goby critical habitat.
We have 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 we make a sufficiently informed determination based on
adequate economic information and provide the necessary opportunity for
public comment.
Energy Supply, Distribution, or Use--Executive Order 13211
Executive Order 13211 (Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use) requires
agencies to prepare Statements of Energy Effects
[[Page 65034]]
when undertaking certain actions. Based on an analysis conducted for
the previous designation of critical habitat and extrapolated to this
designation, along with a further analysis of the additional areas
included in this revision, we have determined that this proposed rule
to revise critical habitat for the tidewater goby 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 review and revise this
assessment as warranted.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.), we make the following findings:
(1) 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; 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 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 onto State governments.
(2) Based in part on an analysis conducted for the previous
designation of critical habitat and extrapolated to this designation,
we do not expect this rule to significantly or uniquely affect small
governments. Small governments will be affected only to the extent that
any programs having Federal funds, permits, or other authorized
activities must ensure that their actions will not adversely affect the
critical habitat. Therefore, a Small Government Agency Plan is not
required. However, as we conduct our economic analysis for the revised
rule, we will further evaluate this issue and revise this assessment if
appropriate.
Takings--Executive Order 12630
In accordance with Executive Order 12630 (``Government Actions and
Interference with Constitutionally Protected Private Property
Rights''), this rule is not anticipated to have significant takings
implications. As discussed above, the designation of critical habitat
affects only Federal actions. Although private parties that receive
Federal funding, or assistance, or 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. Due to current public knowledge of the species
protections both within and outside of the proposed areas, we do not
anticipate that property values would be affected by the critical
habitat designation. However, we have not yet completed the economic
analysis for this proposed rule. Once the economic analysis is
available, we will review and revise this preliminary assessment as
warranted, and prepare a Takings Implication Assessment.
Federalism--Executive Order 13132
In accordance with Executive Order 13132 (Federalism), this
proposed 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. The designation of critical habitat in areas currently
occupied by the tidewater goby may impose nominal additional regulatory
restrictions to those currently in place and, therefore, may have
little incremental impact on State and local governments and their
activities. The designation may have some benefit to these governments
because the areas that contain the physical or biological features
essential to the conservation of the species are more clearly defined,
the elements of the features of the habitat necessary to the
conservation of the species are specifically identified, and the areas
that are otherwise essential for the conservation of the species are
also identified. This information does not alter where and what
federally sponsored activities may occur. However, it may assist local
governments in long-range planning (rather than having them wait for
case-by-case section 7 consultations to occur).
Where State and local governments require approval or authorization
from a Federal agency for actions that may affect critical habitat,
consultation under section 7(a)(2) would be required. 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.
Civil Justice Reform--Executive Order 12988
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
[[Page 65035]]
system and that it 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 elements of physical
or biological features essential to the conservation of the tidewater
goby within the designated areas to assist the public in understanding
the habitat needs of the species.
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 of 1995 (44
U.S.C. 3501 et seq.). 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 (42 U.S.C. 4321 et seq.)
It is our position that, outside the jurisdiction of the U.S. Court
of Appeals for the Tenth Circuit, we do not need to prepare
environmental analyses pursuant to the National Environmental Policy
Act (NEPA; 42 U.S.C. 4321 et seq.) 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 position was upheld by the U.S. Court of
Appeals for the Ninth Circuit (Douglas County v. Babbitt, 48 F.3d 1495
(9th Cir. 1995), cert. denied 516 U.S. 1042 (1996)).
Clarity of the Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that are unclearly written, which sections or sentences
are too long, the sections where you feel lists or tables would be
useful, etc.
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 (Consultation and
Coordination With Indian Tribal Governments), and the Department of the
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 determined that there are no tribal
lands that meet the definition of critical habitat. Therefore, we are
not proposing to designate critical habitat for the tidewater goby on
tribal lands.
References Cited
A complete list of references cited is available on the Internet at
http://www.regulations.gov and upon request from the Ventura Field
Office (see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this package are the staff members of the
Ventura 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--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
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. 17.95(e), revise the entry for ``Tidewater Goby
(Eucyclogobius newberryi)'' under ``FISHES'' to read as follows:
Sec. 17.95 Critical habitat--fish and wildlife.
* * * * *
(e) Fishes.
* * * * *
Tidewater Goby (Eucyclogobius newberryi)
(1) Critical habitat units are depicted for Del Norte, Humboldt,
Mendocino, Sonoma, Marin, San Mateo, Santa Cruz, Monterey, San Luis
Obispo, Santa Barbara, Ventura, Los Angeles, Orange, and San Diego
Counties, California, on the maps below.
(2) Within these areas, the primary constituent element of the
physical or biological features essential to the conservation of
tidewater goby consists of persistent, shallow (in the range of
approximately 0.3 to 6.6 ft (0.1 to 2 m)), still-to-slow-moving
lagoons, estuaries, and coastal streams ranging in salinity from 0.5
ppt to 12 ppt, which provide adequate space for normal behavior and
individual and population growth, that contain:
(i) Substrates (e.g., sand, silt, mud) suitable for the
construction of burrows for reproduction;
(ii) Submerged and emergent aquatic vegetation, such as Potamogeton
pectinatus, Ruppia maritima, Typha latifolia,and Scirpus spp., that
provides protection from predators and high flow events; or
(iii) Presence of a sandbar(s) across the mouth of a lagoon or
estuary during the late spring, summer, and fall that closes or
partially closes the lagoon or estuary, thereby providing relatively
stable water levels and salinity.
(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 for most units using National Wetlands Inventory (NWI) data
(both published data available over the Internet and in-publication
provisional data). Where NWI data was lacking, unit boundaries were
digitized directly on imagery from the Department of Agriculture's
National Aerial Imagery Program data (NAIP) acquired in 2005. NAIP and
NWI data were projected to Universal Transverse Mercator (UTM), zones
10
[[Page 65036]]
and 11, on the North American Datum of 1983.
(5) Note: Index map of critical habitat units for tidewater goby
(Eucyclogobius newberryi) in Northern California, follows:
BILLING CODE 4310-55-P
[GRAPHIC] [TIFF OMITTED] TP19OC11.000
[[Page 65037]]
(6) Note: Index map of critical habitat units for tidewater goby
(Eucyclogobius newberryi) in Southern California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.001
[[Page 65038]]
(7) Unit DN-1: Tillas Slough, Del Norte County, California.
(i) [Reserved for textual description of Unit DN-1: Tillas Slough,
Del Norte County, California]
(ii) Note: Map of Unit DN-1: Tillas Slough, Del Norte County,
California, is depicted on the map in paragraph (8)(ii) of this entry.
(8) Unit DN-2: Lake Earl/Lake Tolowa, Del Norte County, California.
(i) [Reserved for textual description of Unit DN-2: Lake Earl/Lake
Tolowa, Del Norte County, California]
(ii) Note: Map of Unit DN-1: Tillas Slough and Unit DN-2: Lake
Earl/Lake Tolowa, Del Norte County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.002
[[Page 65039]]
(9) Unit HUM-1: Stone Lagoon, Humboldt County, California.
(i) [Reserved for textual description of Unit HUM-1: Stone Lagoon,
Humboldt County, California]
(ii) Note: Map of Unit HUM-1: Stone Lagoon, Humboldt County,
California, is depicted on the map in paragraph (10)(ii) of this entry.
(10) Unit HUM-2: Big Lagoon, Humboldt County, California.
(i) [Reserved for textual description of Unit HUM-2: Big Lagoon,
Humboldt County, California]
(ii) Note: Map of Unit HUM-1: Stone Lagoon and Unit HUM-2: Big
Lagoon, Humboldt County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.003
[[Page 65040]]
(11) Unit HUM-3: Humboldt Bay, Humboldt County, California.
(i) [Reserved for textual description of Unit HUM-3: Humboldt Bay,
Humboldt County, California]
(ii) Note: Map of Unit HUM-3: Humboldt Bay, Humboldt County,
California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.004
[[Page 65041]]
(12) Unit HUM-4: Eel River, Humboldt County, California.
(i) [Reserved for textual description of Unit HUM-4: Eel River,
Humboldt County, California]
(ii) Note: Map of Unit HUM-4: Eel River, Humboldt County,
California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.005
[[Page 65042]]
(13) Unit MEN-1: Ten Mile River, Mendocino County, California.
(i) [Reserved for textual description of Unit MEN-1: Ten Mile
River, Mendocino County, California]
(ii) Note: Map of Unit MEN-1: Ten Mile River, Mendocino County,
California, is depicted on the map in paragraph (15)(ii) of this entry.
(14) Unit MEN-2: Virgin Creek, Mendocino County, California.
(i) [Reserved for textual description of Unit MEN-2: Virgin Creek,
Mendocino County, California]
(ii) Note: Map of Unit MEN-2: Virgin Creek, Mendocino County,
California, is depicted on the map in paragraph (15)(ii) of this entry.
(15) Unit MEN-3: Pudding Creek, Mendocino County, California.
(i) [Reserved for textual description of Unit MEN-3: Pudding Creek,
Mendocino County, California]
(ii) Note: Map of Unit MEN-1: Ten Mile River, Unit MEN-2: Virgin
Creek, and Unit MEN-3: Pudding Creek, Mendocino County, California,
follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.006
[[Page 65043]]
(16) Unit MEN-4: Davis Lake/Manchester State Park Ponds, Mendocino
County, California.
(i) [Reserved for textual description of Unit MEN-4: Davis Lake/
Manchester State Park Ponds, Mendocino County, California]
(ii) Note: Map of Unit MEN-4: Davis Lake/Manchester State Park
Ponds, Mendocino County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.007
[[Page 65044]]
(17) Unit SON-1: Salmon Creek, Sonoma County, California.
(i) [Reserved for textual description of Unit SON-1: Salmon Creek,
Sonoma County, California]
(ii) Note: Map of Unit SON-1: Salmon Creek, Sonoma County,
California, is depicted on the map in paragraph (21)(ii) of this entry.
(18) Unit MAR-1: Estero Americano, Marin County, California.
(i) [Reserved for textual description of Unit MAR-1: Estero
Americano, Marin County, California]
(ii) Note: Map of Unit MAR-1: Estero Americano, Marin County,
California, is depicted on the map in paragraph (21)(ii) of this entry.
(19) Unit MAR-2: Estero De San Antonio, Marin County, California.
(i) [Reserved for textual description of Unit MAR-2: Estero De San
Antonio, Marin County, California]
(ii) Note: Map of Unit MAR-2: Estero De San Antonio, Marin County,
California, is depicted on the map in paragraph (21)(ii) of this entry.
(20) Unit MAR-3: Walker Creek, Marin County, California.
(i) [Reserved for textual description of Unit MAR-3: Walker Creek,
Marin County, California]
(ii) Note: Map of Unit MAR-3: Walker Creek, Marin County,
California, is depicted on the map in paragraph (21)(ii) of this entry.
(21) Unit MAR-4: Lagunitas (Papermill) Creek, Marin County,
California.
(i) [Reserved for textual description of Unit MAR-4: Lagunitas
(Papermill) Creek, Marin County, California]
(ii) Note: Map of Unit SON-1: Salmon Creek, Sonoma County,
California, Unit MAR-1: Estero Americano, Unit MAR-2: Estero De San
Antonio, Unit MAR-3: Walker Creek, and Unit MAR-4: Lagunitas Creek,
Marin County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.008
[[Page 65045]]
(22) Unit MAR-5: Bolinas Lagoon, Marin County, California.
(i) [Reserved for textual description of Unit MAR-5: Bolinas
Lagoon, Marin County, California]
(ii) Note: Map of Unit MAR-5: Bolinas Lagoon, Marin County,
California, is depicted on the map in paragraph (23)(ii) of this entry.
(23) Unit MAR-6: Rodeo Lagoon, Marin County, California.
(i) [Reserved for textual description of Unit MAR-6: Rodeo Lagoon,
Marin County, California]
(ii) Note: Map of Unit MAR-5: Bolinas Lagoon, and Unit MAR-6: Rodeo
Lagoon, Marin County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.009
[[Page 65046]]
(24) Unit SM-1: San Gregorio Creek, San Mateo County, California.
(i) [Reserved for textual description of Unit SM-1: San Gregorio
Creek, San Mateo County, California]
(ii) Note: Map of Unit SM-1: San Gregorio Creek, San Mateo County,
California, is depicted on the map in paragraph (27)(ii) of this entry.
(25) Unit SM-2: Pomponio Creek, San Mateo County, California.
(i) [Reserved for textual description of Unit SM-1: Pomponio Creek,
San Mateo County, California]
(ii) Note: Map of Unit SM-2: Pomponio Creek, San Mateo County,
California, is depicted on the map in paragraph (27)(ii) of this entry.
(26) Unit SM-3: Pescadero--Butano Creek, San Mateo County,
California.
(i) [Reserved for textual description of Unit SM-3: Pescadero--
Butano Creek, San Mateo County, California]
(ii) Note: Map of Unit SM-3: Pescadero--Butano Creek, San Mateo
County, California, is depicted on the map in paragraph (27)(ii) of
this entry.
(27) Unit SM-4: Bean Hollow Creek, San Mateo County, California.
(i) [Reserved for textual description of Unit SM-4: Bean Hollow
Creek, San Mateo County, California]
(ii) Note: Map of Unit SM-1: San Gregorio Creek, Unit SM-2:
Pomponio Creek, Unit SM-3: Pescadero-Butano Creek, and Unit SM-4: Bean
Hollow Creek, San Mateo County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.010
[[Page 65047]]
(28) Unit SC-1: Waddell Creek, Santa Cruz County, California.
(i) [Reserved for textual description of Unit SC-1: Waddell Creek,
Santa Cruz County, California]
(ii) Note: Map of Unit SC-1: Waddell Creek, Santa Cruz County,
California, is depicted on the map in paragraph (31)(ii) of this entry.
(29) Unit SC-2: Scott Creek, Santa Cruz County, California.
(i) [Reserved for textual description of Unit SC-2: Scott Creek,
Santa Cruz County, California]
(ii) Note: Map of Unit SC-2: Scott Creek, Santa Cruz County,
California, is depicted on the map in paragraph (31)(ii) of this entry.
(30) Unit SC-3: Laguna Creek, Santa Cruz County, California.
(i) [Reserved for textual description of Unit SC-3: Laguna Creek,
Santa Cruz County, California]
(ii) Note: Map of Unit SC-3: Laguna Creek, Santa Cruz County,
California, is depicted on the map in paragraph (31)(ii) of this entry.
(31) Unit SC-4: Baldwin Creek, Santa Cruz County, California.
(i) [Reserved for textual description of Unit SC-4: Baldwin Creek,
Santa Cruz County, California]
(ii) Note: Map of Unit SC-1: Waddell Creek, Unit SC-2: Scott Creek,
Unit SC-3: Laguna Creek, and Unit SC-4: Baldwin Creek, Santa Cruz
County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.011
[[Page 65048]]
(32) Unit SC-5: Moore Creek, Santa Cruz County, California.
(i) [Reserved for textual description of Unit SC-5: Moore Creek,
Santa Cruz County, California]
(ii) Note: Map of Unit SC-5: Moore Creek, Santa Cruz County,
California, is depicted on the map in paragraph (34)(ii) of this entry.
(33) Unit SC-6: Corcoran Lagoon, Santa Cruz County, California.
(i) [Reserved for textual description of Unit SC-6: Corcoran
Lagoon, Santa Cruz County, California]
(ii) Note: Map of Unit SC-6: Corcoran Lagoon, Santa Cruz County,
California, is depicted on the map in paragraph (34)(ii) of this entry.
(34) Unit SC-7: Aptos Creek, Santa Cruz County, California.
(i) [Reserved for textual description of Unit SC-7: Aptos Creek,
Santa Cruz County, California]
(ii) Note: Map of Unit SC-5: Moore Creek, Unit SC-6: Corcoran
Lagoon, and Unit SC-7: Aptos Creek, Santa Cruz County, California,
follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.012
[[Page 65049]]
(35) Unit SC-8: Pajaro River, Santa Cruz County, California.
(i) [Reserved for textual description of Unit SC-8: Pajaro River,
Santa Cruz County, California]
(ii) Note: Map of Unit SC-8: Pajaro River, Santa Cruz County,
California, is depicted on the map in paragraph (37)(ii) of this entry.
(36) Unit MN-1: Bennett Slough, Monterey County, California.
(i) [Reserved for textual description of Unit MN-1: Bennett Slough,
Monterey County, California]
(ii) Note: Map of Unit MN-1: Bennett Slough, Monterey County,
California, is depicted on the map in paragraph (37)(ii) of this entry.
(37) Unit MN-2: Salinas River, Monterey County, California.
(i) [Reserved for textual description of Unit MN-2: Salinas River,
Monterey County, California]
(ii) Note: Map of Unit SC-8: Pajaro River, Santa Cruz County,
California and Unit MN-1: Bennett Slough, and Unit MN-2: Salinas River,
Monterey County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.013
[[Page 65050]]
(38) Unit SLO-1: Arroyo de la Cruz, San Luis Obispo County,
California.
(i) [Reserved for textual description of Unit SLO-1: Arroyo de la
Cruz, San Luis Obispo County, California]
(ii) Note: Map of Unit SLO-1: Arroyo de la Cruz, San Luis Obispo
County, California, is depicted on the map in paragraph (42)(ii) of
this entry.
(39) Unit SLO-2: Arroyo del Corral, San Luis Obispo County,
California.
(i) [Reserved for textual description of Unit SLO-2: Arroyo del
Corral, San Luis Obispo County, California]
(ii) Note: Map of Unit SLO-2: Arroyo del Corral, San Luis Obispo
County, California, is depicted on the map in paragraph (42)(ii) of
this entry.
(40) Unit SLO-3: Oak Knoll Creek, San Luis Obispo County,
California.
(i) [Reserved for textual description of Unit SLO-3: Oak Knoll
Creek, San Luis Obispo County, California]
(ii) Note: Map of Unit SLO-3: Oak Knoll Creek, San Luis Obispo
County, California, is depicted on the map in paragraph (42)(ii) of
this entry.
(41) Unit SLO-4: Little Pico Creek, San Luis Obispo County,
California.
(i) [Reserved for textual description of Unit SLO-4: Little Pico
Creek, San Luis Obispo County, California]
(ii) Note: Map of Unit SLO-4: Little Pico Creek, San Luis Obispo
County, California, is depicted on the map in paragraph (42)(ii) of
this entry.
(42) Unit SLO-5: San Simeon Creek, San Luis Obispo County,
California.
(i) [Reserved for textual description of Unit SLO-5: San Simeon
Creek, San Luis Obispo County, California]
(ii) Note: Map of Unit SLO-1: Arroyo de la Cruz, Unit SLO-2: Arroyo
del Corral, Unit SLO-3: Oak Knoll Creek, Unit SLO-4: Little Pico Creek,
and Unit SLO-5: San Simeon Creek, San Luis Obispo County, California,
follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.014
[[Page 65051]]
(43) Unit SLO-6: Villa Creek, San Luis Obispo County, California.
(i) [Reserved for textual description of Unit SLO-6: Villa Creek,
San Luis Obispo County, California]
(ii) Note: Map of Unit SLO-6: Villa Creek, San Luis Obispo County,
California, is depicted on the map in paragraph (46)(ii) of this entry.
(44) Unit SLO-7: San Geronimo Creek, San Luis Obispo County,
California.
(i) [Reserved for textual description of Unit SLO-7: San Geronimo
Creek, San Luis Obispo County, California]
(ii) Note: Map of Unit SLO-7: San Geronimo Creek, San Luis Obispo
County, California, is depicted on the map in paragraph (46)(ii) of
this entry.
(45) Unit SLO-8: Toro Creek, San Luis Obispo County, California.
(i) [Reserved for textual description of Unit SLO-8: Toro Creek,
San Luis Obispo County, California]
(ii) Note: Map of Unit SLO-8: Toro Creek, San Luis Obispo County,
California, is depicted on the map in paragraph (46)(ii) of this entry.
(46) Unit SLO-9: Los Osos Creek, San Luis Obispo County,
California.
(i) [Reserved for textual description of Unit SLO-9: Los Osos
Creek, San Luis Obispo County, California]
(ii) Note: Map of Unit SLO-6: Villa Creek, Unit SLO-7: San Geronimo
Creek, Unit SLO-8: Toro Creek, and Unit SLO-9: Los Osos Creek, San Luis
Obispo County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.015
[[Page 65052]]
(47) Unit SLO-10: San Luis Obispo Creek, San Luis Obispo County,
California.
(i) [Reserved for textual description of Unit SLO-10: San Luis
Obispo Creek, San Luis Obispo County, California]
(ii) Note: Map of Unit SLO-10: San Luis Obispo Creek, San Luis
Obispo County, California, is depicted on the map in paragraph (50)(ii)
of this entry.
(48) Unit SLO-11: Pismo Creek, San Luis Obispo County, California.
(i) [Reserved for textual description of Unit SLO-11: Pismo Creek,
San Luis Obispo County, California]
(ii) Note: Map of Unit SLO-11: Pismo Creek, San Luis Obispo County,
California, is depicted on the map in paragraph (50)(ii) of this entry.
(49) Unit SLO-12: Oso Flaco Lake, San Luis Obispo County,
California.
(i) [Reserved for textual description of Unit SLO-12: Oso Flaco
Lake, San Luis Obispo County, California]
(ii) Note: Map of Unit SLO-12: Oso Flaco Lake, San Luis Obispo
County, California, is depicted on the map in paragraph (50)(ii) of
this entry.
(50) Unit SB-1: Santa Maria River, Santa Barbara County,
California.
(i) [Reserved for textual description of Unit SB-1: Santa Maria
River, Santa Barbara County, California]
(ii) Note: Map of Unit SLO-10: San Luis Obispo Creek, Unit SLO-11:
Pismo Creek, Unit SLO-12: Oso Flaco Lake in San Luis Obispo County, and
Unit SB-1: Santa Maria River, in Santa Barbara County, California,
follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.016
[[Page 65053]]
(51) Unit SB-2: Ca[ntilde]ada de las Agujas, Santa Barbara County,
California.
(i) [Reserved for textual description of Unit SB-2: Ca[ntilde]ada
de las Agujas, Santa Barbara County, California]
(ii) Note: Map of Unit SB-2: Ca[ntilde]ada de las Agujas, Santa
Barbara County, California, is depicted on the map in paragraph
(56)(ii) of this entry.
(52) Unit SB-3: Ca[ntilde]ada de Santa Anita, Santa Barbara County,
California.
(i) [Reserved for textual description of Unit SB-3: Ca[ntilde]ada
de Santa Anita, Santa Barbara County, California]
(ii) Note: Map of Unit SB-3: Ca[ntilde]ada de Santa Anita, Santa
Barbara County, California, is depicted on the map in paragraph
(56)(ii) of this entry.
(53) Unit SB-4: Ca[ntilde]ada de Alegria, Santa Barbara County,
California.
(i) [Reserved for textual description of Unit SB-4: Ca[ntilde]ada
de Alegria, Santa Barbara County, California]
(ii) Note: Map of Unit SB-4: Ca[ntilde]ada de Alegria, Santa
Barbara County, California, is depicted on the map in paragraph
(56)(ii) of this entry.
(54) Unit SB-5: Ca[ntilde]ada del Agua Caliente, Santa Barbara
County, California.
(i) [Reserved for textual description of Unit SB-5: Ca[ntilde]ada
del Agua Caliente, Santa Barbara County, California]
(ii) Note: Map of Unit SB-5: Ca[ntilde]ada del Agua Caliente, Santa
Barbara County, California, is depicted on the map in paragraph
(56)(ii) of this entry.
(55) Unit SB-6: Gaviota Creek, Santa Barbara County, California.
(i) [Reserved for textual description of Unit SB-6: Gaviota Creek,
Santa Barbara County, California]
(ii) Note: Map of Unit SB-6: Gaviota Creek, Santa Barbara County,
California, is depicted on the map in paragraph (56)(ii) of this entry.
(56) Unit SB-7: Arroyo Hondo, Santa Barbara County, California.
(i) [Reserved for textual description of Unit SB-7: Arroyo Hondo,
Santa Barbara County, California]
(ii) Note: Map of Unit SB-2: Ca[ntilde]ada de las Agujas, Unit SB-
3: Ca[ntilde]ada de Santa Anita, Unit SB-4: Ca[ntilde]ada de Alegria,
Unit SB-5: Ca[ntilde]ada del Agua Caliente, Unit SB-6: Gaviota Creek,
and Unit SB-7: Arroyo Hondo, Santa Barbara County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.017
[[Page 65054]]
(57) Unit SB-8: Winchester/Bell Canyon, Santa Barbara County,
California.
(i) [Reserved for textual description of Unit SB-8: Winchester/Bell
Canyon, Santa Barbara County, California]
(ii) Note: Map of Unit SB-8: Winchester/Bell Canyon, Santa Barbara
County, California, is depicted on the map in paragraph (59)(ii) of
this entry.
(58) Unit SB-9: Goleta Slough, Santa Barbara County, California.
(i) [Reserved for textual description of Unit SB-9: Goleta Slough,
Santa Barbara County, California]
(ii) Note: Map of Unit SB-9: Goleta Slough, Santa Barbara County,
California, is depicted on the map in paragraph (59)(ii) of this entry.
(59) Unit SB-10: Arroyo Burro, Santa Barbara County, California.
(i) [Reserved for textual description of Unit SB-10: Arroyo Burro,
Santa Barbara County, California]
(ii) Note: Map of Unit SB-8: Winchester/Bell Canyon, Unit SB-9:
Goleta Slough, and Unit SB-10: Arroyo Burro, Santa Barbara County,
California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.018
[[Page 65055]]
(60) Unit SB-11: Mission Creek--Laguna Channel, Santa Barbara
County, California.
(i) [Reserved for textual description of Unit SB-11: Mission
Creek--Laguna Channel, Santa Barbara County, California]
(ii) Note: Map of Unit SB-11: Mission Creek--Laguna Channel, Santa
Barbara County, California, is depicted on the map in paragraph
(61)(ii) of this entry.
(61) Unit SB-12: Arroyo Paredon, Santa Barbara County, California.
(i) [Reserved for textual description of Unit SB-12: Arroyo
Paredon, Santa Barbara County, California]
(ii) Note: Map of Unit SB-11: Mission Creek--Laguna Channel, and
Unit SB-12: Arroyo Paredon, Santa Barbara County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.019
[[Page 65056]]
(62) Unit VEN-1: Ventura River, Ventura County, California.
(i) [Reserved for textual description of Unit VEN-1: Ventura River,
Ventura County, California]
(ii) Note: Map of Unit VEN-1: Ventura River, Ventura County,
California, is depicted on the map in paragraph (64)(ii) of this entry.
(63) Unit VEN-2: Santa Clara River, Ventura County, California.
(i) [Reserved for textual description of Unit VEN-2: Santa Clara
River, Ventura County, California]
(ii) Note: Map of Unit VEN-2: Santa Clara River, Ventura County,
California, is depicted on the map in paragraph (64)(ii) of this entry.
(64) Unit VEN-3: J Street Drain--Ormond Lagoon, Ventura County,
California.
(i) [Reserved for textual description of Unit VEN-3: J Street
Drain-Ormond Lagoon, Ventura County, California]
(ii) Note: Map of Unit VEN-1: Ventura River, Unit VEN-2: Santa
Clara River, and Unit VEN-3: J Street Drain--Ormond Lagoon, Ventura
County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.020
[[Page 65057]]
(65) Unit VEN-4: Big Sycamore Canyon, Ventura County, California.
(i) [Reserved for textual description of Unit VEN-4: Big Sycamore
Canyon, Ventura County, California]
(ii) Note: Map of Unit VEN-4: Big Sycamore Canyon, Ventura County,
California, is depicted on the map in paragraph (67)(ii) of this entry.
(66) Unit LA-1: Arroyo Sequit, Los Angeles County, California.
(i) [Reserved for textual description of Unit LA-1: Arroyo Sequit,
Los Angeles County, California]
(ii) Note: Map of Unit LA-1: Arroyo Sequit, Los Angeles County,
California, is depicted on the map in paragraph (67)(ii) of this entry.
(67) Unit LA-2: Zuma Canyon, Los Angeles County, California.
(i) [Reserved for textual description of Unit LA-2: Zuma Canyon,
Los Angeles County, California]
(ii) Note: Map of Unit VEN-4: Big Sycamore Canyon, in Ventura
County, and Unit LA-1: Arroyo Sequit, and Unit LA-2: Zuma Canyon, Los
Angeles County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.021
[[Page 65058]]
(68) Unit LA-3: Malibu Lagoon, Los Angeles County, California.
(i) [Reserved for textual description of Unit LA-3: Malibu Lagoon,
Los Angeles County, California]
(ii) Note: Map of Unit LA-3: Malibu Lagoon, Los Angeles County,
California, is depicted on the map in paragraph (69)(ii) of this entry.
(69) Unit LA-4: Topanga Creek, Los Angeles County, California.
(i) [Reserved for textual description of Unit LA-4: Topanga Creek,
Los Angeles County, California]
(ii) Note: Map of Unit LA-3: Malibu Lagoon, and Unit LA-4: Topanga
Creek, Los Angeles County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.022
[[Page 65059]]
(70) Unit OR-1: Aliso Creek, Orange County, California.
(i) [Reserved for textual description of Unit OR-1: Aliso Creek,
Orange County, California]
(ii) Note: Map of Unit OR-1: Aliso Creek, Orange County,
California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.023
[[Page 65060]]
(71) Unit SAN-1: San Luis Rey River, San Diego County, California.
(i) [Reserved for textual description of Unit SAN-1: San Luis Rey
River, San Diego County, California]
(ii) Note: Map of Unit SAN-1: San Luis Rey River, San Diego County,
California, follows:
[GRAPHIC] [TIFF OMITTED] TP19OC11.024
* * * * *
Dated: October 4, 2011.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-26301 Filed 10-18-11; 8:45 am]
BILLING CODE 4310-55-C