Six critical-habitat units are proposed in four Northern California counties
The U.S. Fish and Wildlife Service today published a proposed rule to designate six areas in Californias Alameda and Contra Costa counties, with small portions extending into Santa Clara and San Joaquin counties, as critical habitat for the federally threatened Alameda whipsnake. Today's action opens a 60-day public-comment period that closes December 19, 2005.
The six proposed critical-habitat units, totaling 203,342 acres, were all occupied by the Alameda whipsnake when it was listed in 1997 and contain habitat features essential for the species. At the same time, the Service is considering excluding from critical habitat a total of 60,105 acres from within the six proposed units because they are already under active or proposed local, state or Federal conservation plans that benefit the Alameda whipsnake. The two major proposed exclusions are for lands managed by the East Bay Regional Park District or within the pending East Contra Costa Habitat Conservation Plan.
In a separate process, the Service is completing a recovery plan for the Alameda whipsnake and other species in the East Bays chaparral and scrub habitat. The draft Recovery Plan for the Chaparral & Scrub Community East of San Francisco Bay, proposed in 2003, is expected to be completed in 2006. A copy of the plan is available at http://www.fws.gov/pacific/sacramento/es/recovery_plans.htm.
Written comments on the proposal should be submitted to the Field Supervisor, Sacramento Fish and Wildlife Office, 2800 Cottage Way, Room W-2605, Sacramento, CA 95825. Comments may also be sent by electronic mail to alameda_whipsnake@fws.gov.
The six proposed critical habitat units are:
- Tilden-Briones (Unit 1) -- 34,119 acres in Contra Costa County, bordered approximately by State Highway 4 and the cities of Pinole, Hercules, and Martinez to the north; by State Highway 24 and the City of Orinda Village to the south; Interstate 80, and the cities of Berkeley, El Cerrito, and Richmond to the West; and Interstate 680 and the City of Pleasant Hill to the east.
- Oakland-Las Trampas (Unit 2) -- 24,524 acres in Contra Costa and Alameda counties, located south of State Route 24, north of Interstate 580, east of State Route 13, and west of Interstate 680 and the cities of Danville, San Ramon, and Dublin.
- Hayward-Pleasanton Ridge (Unit 3) -- 27,551 acres in Alameda County, generally located immediately to the west of Interstate 680 and to the south of Interstate 580.
- Mount Diablo-Black Hills (Unit 4) -- 69,598 acres in Contra Costa and Alameda counties, encompassing Mount Diablo State Park and surrounding lands.
- Cedar Mountain (Unit 5a) -- 27,764 acres in Alameda and San Joaquin counties, generally located east of Lake Del Valle along Cedar Mountain Ridge and Crane Ridge to Corral Hollow west of Interstate 580.
- Alameda Creek (Unit 5b) -- 18,214 acres inAlameda and Santa Clara counties, located northeast of Calaveras Reservoir, south of the town of Sunol including the area along Wauhab Ridge in Alameda County and Oak Ridge in Santa Clara County. Alameda Creek is located at the west margin of the unit, and the unit contains the Sunol Regional Wilderness and Camp Ohlone Regional Park.
- Caldecott Tunnel (Unit 6) -- 4,612 acres in Contra Costa and Alameda counties, between Units 1 and 2.
The Alameda whipsnake, slender and fast-moving, is sooty black, with distinct yellow-orange stripes running down each side. It is non-venomous. It can reach a length of up to four feet and feeds almost exclusively on lizards. The Service listed the whipsnake as a threatened species in December 1997. The whipsnake was designated a threatened species by the State of California in 1971. Residential, commercial and recreational development, and certain fire suppression activities threaten the Alameda whipsnake.
This is the second time the Service has proposed critical habitat for the Alameda whipsnake. The first critical-habitat designation, adopted in 2000, was invalidated by a court ruling in 2003.
The Service first designated critical habitat for the Alameda whipsnake on Oct. 3, 2000. On June 7, 2001, the Home Builders Association of Northern California and others filed a lawsuit in the Eastern District of California against the Service, challenging the way the Service identified critical habitat and the adequacy of the economic analysis that was part of the final designation (Home Builders Association of Northern California, et al. v. U.S. Fish and Wildlife Service, et al., CV F 01-5722 AWI SMS).
On May 9, 2003, the U.S. District Judge vacated the rule and ordered the Service to re-do critical habitat and conduct a new economic analysis. On January 14, 2004, the Court ordered the Service to complete a proposed rule on critical habitat designation for the Alameda whipsnake no later than October 1.
Todays action complies with that order. The Court gave the Service until Oct. 1, 2006 to complete a final rule. A new economic analysis will be conducted and released for public comment later in the process.
Critical habitat is a term in the Endangered Species Act for areas designated by the Service that have features essential for the conservation of a threatened or endangered species and which may require special management considerations. The designation of critical habitat does not affect land ownership or establish a refuge, wilderness, reserve, preserve, or other conservation area conservation area
A conservation area or wildlife management area is a type of national wildlife refuge that consists primarily or entirely of conservation easements on private lands. These conservation easements support private landowner efforts to protect important habitat for fish and wildlife. There are 15 conservation areas and nine wildlife management areas in the National Wildlife Refuge System.
Learn more about conservation area . It does not allow government or public access to private lands. Federal agencies that undertake, fund or permit activities that may affect critical habitat are required to consult with the Service to ensure such actions do not adversely modify or destroy designated critical habitat. The designation does not affect purely private or state actions on private or state lands, or require lands to be positively managed for conservation.
In 30 years of implementing the ESA, the Service has found that the designation of critical habitat provides little additional protection to most listed species, while preventing the Service from using scarce conservation resources for activities with greater conservation benefits.
In almost all cases, recovery of listed species will come through voluntary cooperative partnerships, not regulatory measures such as critical habitat. Habitat is also protected through cooperative measures under the Endangered Species Act including Habitat Conservation Plans, Safe Harbor Agreement, Candidate Conservation Agreements and state programs. In addition, voluntary partnership programs such as the Services Private Stewardship Grants and Partners for Fish and Wildlife program also restore habitat. Habitat for endangered species is provided on many national wildlife refuges, managed by the U.S. Fish and Wildlife Service and State wildlife management areas.
