Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for Chorizanthe pungens var. pungens (Monterey
Spineflower)
[Federal Register: May 29, 2002 (Volume 67, Number 103)]
[Rules and Regulations]
[Page 37497-37546]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29my02-12]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AHO4
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for Chorizanthe pungens var. pungens (Monterey
Spineflower)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate
critical habitat for Chorizanthe pungens var. pungens (Monterey
spineflower) pursuant to the Endangered Species Act of 1973, as amended
(Act). A total of approximately 7,620 hectares (18,830 acres) of land
in Santa Cruz and Monterey Counties, California, are within the
boundaries of the critical habitat designation.
Critical habitat identifies specific areas, both occupied and
unoccupied, that are essential to the conservation of a listed species
and that may require special management considerations or protection.
Section 7(a)(2) of the Act requires that each Federal agency shall,
in consultation with and with the assistance of the Service, insure
that any action authorized, funded or carried out by such agency is not
likely to jeopardize the continued existence of an endangered or
threatened species or result in the destruction or adverse modification
of critical habitat. Section 4 of the Act requires us to consider
economic and other relevant impacts of specifying any particular area
as critical habitat.
We solicited data and comments from the public on all aspects of
this proposal, including data on economic and other impacts of the
designation.
DATES: This rule is effective June 28, 2002.
ADDRESSES: Comments and materials received, as well as supporting
documentation, used in the preparation of this final rule are available
for public inspection, by appointment, during normal business hours at
the Ventura Fish and Wildlife Office, U.S. Fish and Wildlife Service,
2493 Portola Road, Suite B, Ventura, CA 93003.
FOR FURTHER INFORMATION CONTACT: Field Supervisor, Ventura Fish and
Wildlife Office (see ADDRESSES section) (telephone 805/644-1766;
facsimile 805/644-3958).
SUPPLEMENTARY INFORMATION:
Background
Chorizanthe pungens var. pungens (Monterey spineflower) is endemic
to sandy soils in coastal areas in southern Santa Cruz and northern
Monterey Counties, and in the Salinas Valley in interior Monterey
County. In California, the spineflower genus, Chorizanthe, in the
buckwheat family (Polygonaceae) is comprised of species of slender,
stiff, and tough annual herbs that inhabit dry sandy soils. They occur
along the coast and inland, but because of the patchy and limited
distribution of such soils, many species of Chorizanthe tend to be
highly localized in their distribution.
Chorizanthe pungens var. pungens is one of two varieties of the
species Chorizanthe pungens. The other variety, C. p. var. hartwegiana
(Ben Lomond spineflower) is restricted to the Santa Cruz Mountains,
generally between Scotts Valley and Ben Lomond. The ranges of these two
varieties of C. pungens do not overlap. The range of C. p. var. pungens
partially overlaps with another closely related taxon, Chorizanthe
robusta var. robusta (robust spineflower), in southern Santa Cruz
County. Chorizanthe pungens var. hartwegiana and C. r. var. robusta are
both endangered species (59 FR 5499). A detailed description of these
related taxa is available in the Recovery Plan for Seven Coastal Plants
and the Myrtle's Silverspot Butterfly (Service 1998), the Draft
Recovery Plan for the Robust Spineflower (Service 2000), and references
within these plans.
The overall appearance of Chorizanthe pungens var. pungens is of a
low-growing herb that is soft, hairy and grayish or reddish in color.
The plant generally grows flat along the ground or curves upward from
the base. Large individuals may reach 50 centimeters (cm) (20 inches
(in)) or more in diameter. This taxon is distinguished by white (rarely
pinkish) scarious (translucent) margins on the lobes of the involucre
(circle or collection of modified leaves surrounding a flower cluster)
or head that occur immediately below the white- to rose-colored
flowers. The aggregate of flowers (heads) tend to be small (less than 1
cm (0.4 in) in diameter) and either distinctly or indistinctly
aggregate.
Chorizanthe pungens var. pungens is a short-lived annual species.
It germinates during the winter months and flowers from April through
June. Although pollination ecology has not been studied for this taxon,
C. p. var. pungens is likely visited by a wide array of pollinators.
Observations of pollinators on other species of Chorizanthe that occur
in Santa Cruz County have included leaf cutter bees (megachilids) and
at least six species of butterflies, flies, and sphecid wasps (R.
Morgan, biologist, Soquel, CA, pers. comm., 2000). In other annual
species of Chorizanthe, the flowers are protandrous, a reproductive
strategy in which the anthers (part of flower that produces pollen)
mature and shed pollen prior to the maturation of the style (part of
the female reproductive structure of a flower) to receive pollen, with
a delay of style receptivity being 1 or 2 days. Protandry facilitates
cross-pollination by insects. However, if cross-pollination does not
occur within 1 or 2 days, self-pollination may occur as the flower
closes at the end of the day (Reveal 2001). The relative importance of
cross-pollination by insects and self-pollination to seed set or
development is unknown; however, in C. p. var. pungens, the importance
of pollinator activity to production of viable seed was indicated by
the production of seed with low viability where pollinator access was
limited (Harding Lawson Associates 2000).
Seed is mature by August. The plants turn a rusty hue as they dry
through the summer months, eventually shattering during the fall. Seed
dispersal is facilitated by the involucral spines, which attach the
seed to passing animals. Black-tailed hares (Lepus californicus) and
ground squirrels (Otospermophilus beecheyi) have been observed to
browse on Chorizanthe pungens var. pungens (L. Otter, Coastal
Commission, pers. comm., 2001; Schettler, in litt., 2000), and other
animals likely to contribute to seed dispersal include, but are not
limited to: mule deer (Odocoileus hemionus), gray foxes (Urocyon
cinereoargenteus), coyotes (Canis latrans), bobcats (Felis rufus),
striped skunks (Mephitis mephitis), opossums (Didelphis virginiana),
racoons (Procyon lotor), and other small mammals and small birds. While
animal vectors most likely facilitate seed dispersal between colonies
and populations of C. p. var. pungens, the prevailing coastal winds
undoubtedly play a part in scattering seed within colonies and
populations.
For annual plants, maintaining a seed bank (a reserve of dormant
seeds, generally found in the soil) is important to year-to-year and
long term survival (Baskin and Baskin 1978). A seed bank includes all
of the seeds in a population, and the extent of the seed bank reserve
is variable from population to population. Within any given population,
the seed bank generally covers a larger area than the extent of
observable plants seen in a given year
[[Page 37499]]
(Given 1994) because the number and location of standing plants (the
observable plants) varies annually due to factors such as the amount
and timing of rainfall, temperature, soil conditions, and the extent
and nature of the seed bank.
Each Chorizanthe pungens var. pungens flower produces one seed.
Depending on the vigor of the individual plant and the effectiveness of
pollination, dozens, if not hundreds of seeds could be produced from a
single plant. For instance, in one study of a closely related
spineflower, Chorizanthe robusta var. robusta, individual plants had an
average of 126 flowers, and an average seed set of 51 seeds per plant
(S. Baron, pers. comm., 2001). However, seed production does not
guarantee production of future reproductive individuals for several
reasons: seed viability may be low, as has been found in other species
of Chorizanthe (Bauder 2000); proper conditions for germination may not
be present in most years; and seedling mortality may result from
withering before maturity, herbivory, or uprooting by gopher activity
(Baron 1998).
The locations where Chorizanthe pungens var. pungens occurs, with
the exception of the Soledad area, are subject to a mild maritime
climate where fog helps keep summer temperatures cool and winter
temperatures relatively warm and provides moisture in addition to the
normal winter rains. Chorizanthe pungens var. pungens is found in a
variety of seemingly disparate plant communities, including active
coastal dunes, grassland, scrub, chaparral, woodland types on interior
upland sites, and interior floodplain dunes. However, all of these
areas include microhabitat characteristics favored by C. p. var.
pungens. First, all sites where it is found are on sandy soils; whether
the origin of the soils is from active dunes, interior fossil dunes, or
floodplain alluvium is apparently unimportant. The most prevalent soil
series represented are Baywood, Oceano, Elder, Elkhorn, Arnold, Santa
Ynez, and Metz (SCS 1978, 1980). Second, these sites are relatively
open and free of other vegetation. In scrub and chaparral communities,
C. p. var. pungens does not occur under dense stands of vegetation, but
does occur between more widely spaced shrubs. In grassland and oak
woodland communities, abundant annual grasses may outcompete C. p. var.
pungens, but in places where grass species are affected or managed
through grazing, mowing or fire, the result may be less competition,
thus allowing the spineflower to persist.
Chorizanthe pungens var. pungens is generally distributed along the
rim of Monterey Bay in southern Santa Cruz and northern Monterey
Counties, and inland along the coastal plain of the Salinas Valley. At
coastal sites ranging from the Monterey Peninsula north to Manresa
State Beach in Santa Cruz County, C. p. var. pungens is found in active
coastal dune systems and on coastal bluffs upon which windblown sand
has been deposited.
On coastal dunes, the distribution of suitable habitat is subject
to dynamic shifts caused by patterns of dune mobilization,
stabilization, and successional trends in coastal dune scrub that
result in increased vegetation cover over time. Accordingly, over time
there are shifts in the distribution and size of individual colonies of
Chorizanthe pungens var. pungens found in gaps between stands of scrub
vegetation. Other native plants associated with C. p. var. pungens
include: Ambrosia chamissonis (beach bur); Artemisia pycnocephala
(coastal sagewort); Ericameria ericoides (mock heather); Castilleja
latifolia (Monterey Indian paintbrush); and Lathyrus littoralis (beach
pea). At some northern Monterey County locations, C. p. var. pungens
occurs in close proximity to Gilia tenuiflora ssp. arenaria (sand
gilia) and Erysimum menziesii ssp. menziesii (Menzies' wallflower),
which are both endangered plants, as well as an endangered butterfly,
Euphilotes enoptes smithi (Smith's blue butterfly), and a threatened
bird, Charadrius alexandrinus nivosus (western snowy plover).
Chorizanthe pungens var. pungens formerly was more widespread in
the Monterey Bay area, as well as farther south. The plant can no
longer be found at some locations where historical collections were
made. For instance, at a historical site on the coast near San Simeon
in San Luis Obispo County, C. p. var. pungens has not been seen since
it was first collected in 1842 (California Natural Diversity Data Base
(CNDDB) 2000; D. Keil, California Polytechnic University, San Luis
Obispo, pers. comm., 2000). It also is no longer found at Point Pinos
on the Monterey Peninsula or Castroville (between Prunedale and Salinas
River State Beach), both in Monterey County.
We can infer from the current distribution of the spineflower that
development has fragmented habitat that formerly provided for a more
continuous occurrence of the plant. For instance, portions of the
coastal dune and coastal scrub communities that support Chorizanthe
pungens var. pungens have been eliminated or altered by recreational
use, industrial and urban development, and military activities. The
composition of dune communities also has been altered by the
introduction of non-native species, especially Carpobrotus species
(sea-fig or iceplant) and Ammophila arenaria (European beachgrass), in
an attempt to stabilize shifting sands. In the last decade, significant
efforts have been made to restore native dune communities and one
aspect of such restoration is the elimination of these non-native
species (CDPR 1995, Pratt in litt. 2000).
At more inland sites, Chorizanthe pungens var. pungens occurs on
sandy, well-drained soils in a variety of habitat types, most
frequently maritime chaparral, valley oak woodlands, and grasslands.
The plant probably has been extirpated from a number of historical
locations in the Salinas Valley, primarily due to conversion of the
original grasslands and valley oak woodlands to agricultural crops
(Reveal & Hardham 1989).
Within grassland communities, Chorizanthe pungens var. pungens
occurs along roadsides, in firebreaks, and in other disturbed sites,
while in oak woodland, chaparral, and scrub communities, it occurs in
sandy openings between shrubs. In older stands with a high cover of
shrubs, the plants are restricted to roadsides, firebreaks, and trails
that bisect these communities.
Significant populations of Chorizanthe pungens var. pungens occur
on lands that are referred to as former Fort Ord (U.S. Army Corps of
Engineers (ACOE) 1992, 1997). At former Fort Ord, the highest densities
of C. p. var. pungens are located in the central portion of the firing
range, where disturbance is the most frequent. This pattern of
distribution and densities of C. p. var. pungens on former Fort Ord
indicates that some activities which have disturbed C. p. var. pungens
habitat also have created open conditions that contribute to high
densities of the plant. Prior to the onset of human use of this area,
C. p. var. pungens may have been restricted to openings created by
wildfires within these communities (Service 1998).
The southwestern edge of Chorizanthe pungens var. pungens habitat
on former Fort Ord was once continuous with habitat found in the
community of Del Rey Oaks and at the Monterey Airport (Deb Hillyard,
ecologist, California Department of Fish and Game (CDFG), pers. comm.,
2000). Other inland sites that support C. p. var. pungens are located
in the area between Aptos and La Selva Beach in Santa Cruz
[[Page 37500]]
County, and near Prunedale in northern Monterey County. At some of
these locations, C. p. var. pungens occurs in close proximity with the
endangered Piperia yadonii (Yadon's piperia) and C. robusta var.
robusta.
Chorizanthe pungens var. pungens was recently found on a dune
within the Salinas River floodplain near Soledad, Monterey County
(CNDDB 2000). Two historic sites for C. p. var. pungens occur nearby.
One, near Mission Soledad, was collected once in 1881; the other, near
San Lucas along the Salinas River, was collected once in 1935. Due to
conversion to agriculture and channelization activities along the
Salinas River over the last century, C. p. var. pungens most likely has
been extirpated from these locations. The dune near Soledad is the only
one of its size and extent between there and the river mouth (Brad
Olsen, East Bay Regional Parks District, pers. comm., 2000).
During the public comment periods we became aware of additional
locations that support Chorizanthe pungens var. pungens. Not
surprisingly, the areas occur adjacent to habitat known to support C.
p. var. pungens. These additional areas include the following: (1)
Between the northern portion of the Fort Ord unit and the northern
portion of the Marina unit, on private lands that are being used for
cattle grazing but which may be proposed for development; (2) just
south of the Freedom unit, on lands owned by the Pajaro Unified School
District at Aptos High School; (3) northwest of the Prunedale unit on
lands owned by The Nature Conservancy (TNC) and managed by the Elkhorn
Slough Foundation for conservation of natural resources; and (4)
several locations to the north and to the west of the Asilomar unit on
the Monterey Peninsula, including Federal lands owned and managed by
the Coast Guard at Point Pinos Light Station, and on private lands
owned by the Pebble Beach Company along 17 Mile Drive.
Because we did not know of the four areas described above at the
time we published the proposal rule, they were not included in the
background information provided in the proposed rule and were not
included in the proposed critical habitat. Under the Act and the
Administrative Procedure Act (APA) (5 U.S.C. 702 and 706), we are
required to allow the public an opportunity to comment on the proposed
rulemaking. We have not yet evaluated these areas and, if appropriate,
re-propose critical habitat for public review and comment. Because
these areas were not included in the proposed rule, we are not
including them in this final rule. Depending on the results of an
evaluation of these areas, we may revise this critical habitat
designation in the future. Although these areas were not included in
the critical habitat proposal, they may be important to the recovery of
the species and could be included in recovery activities in the future,
if appropriate. Also, Federal agencies will continue to be required to
consult with us, as appropriate, on activities in these areas pursuant
to section 7(a)(2) of the Act, to ensure that any action they
authorize, fund, or carry out does not jeopardize the continued
existence of Chorizanthe pungens var. pungens.
Previous Federal Action
Federal government actions for Chorizanthe pungens var. pungens
began when we published an updated Notice of Review (NOR) of plants on
December 15, 1980 (45 FR 82480). This notice included C. p. var. punges
as a category 2 candidate (defined at that time as species for which
data in our possession indicate listing may be appropriate, but for
which additional biological information is needed to support a proposed
rule). In the September 27, 1985, revised NOR of plants (50 FR 39526)
and in the February 21, 1990 (55 FR 6184) revised NOR of plants, C. p.
var. punges was again included as a category 2 candidate.
On October 24, 1991 (56 FR 55107), we published a proposal to list
Chorizanthe pungens var. pungens as threatened, along with three other
varieties of Chorizanthe (C. p. var. hartwegiana, C. robusta var.
hartwegii, C. r. var. robusta) and Erysimum teretifolium as endangered
species. The final rule listing C. p. var. pungens as a threatened
species was published on February 4, 1994 (59 FR 5499). The final rule
indicated that the designation of critical habitat for C. p. var.
pungens was prudent but not determinable, and that designation of
critical habitat would occur once we had gathered the necessary data.
On June 30, 1999, our failure to designate critical habitat for
Chorizanthe pungens var. pungens and three other species within the
time period mandated by 16 U.S.C. 1533(b)(6)(C)(ii) was challenged in
Center for Biological Diversity v. Babbitt (Case No. C99-3202 SC). On
August 30, 2000, the U.S. District Court for the Northern District of
California (Court) directed us to publish a proposed critical habitat
designation within 60 days of the Court's order and a final critical
habitat designation no later than 120 days after the proposed
designation was published. On October 16, 2000, the Court granted the
government's request for a stay of this order. Subsequently, by a
stipulated settlement agreement signed by the parties on November 20,
2000, we agreed to propose critical habitat for the C. p. var. pungens
by January 15, 2001. Plaintiffs subsequently agreed to an extension,
approved by the court, until May 17, 2002, to complete the final rule.
The proposed rule to designate critical habitat for the species was
signed on January 16, 2001, and sent to the Federal Register. It was
published on February 15, 2000 (66 FR 10440). In the proposal, we
determined it was prudent to designate approximately 10,400 ha (25,800
ac) of land in Santa Cruz and Monterey Counties as critical habitat for
Chorizanthe pungens var. pungens. Publication of the proposed rule
opened a 60-day public comment period, which closed on April 16, 2001.
On September 19, 2001, we published a notice announcing the
reopening of the comment period on the proposal to designate critical
habitat for Chorizanthe pungens var. pungens, and a notice of
availability of the draft economic analysis on the proposed
determination (66 FR 48228). This second public comment period closed
on October 19, 2001. By notice published February 1, 2002 (67 FR 4940),
the Department provided interested parties an opportunity to resubmit
written comments by February 15, 2002, the receipt of which may have
been delayed due to the shutdown of postal facilities in Washington,
DC, and of the Department's internet access.
Summary of Comments and Recommendations
We contacted appropriate Federal, State, and local agencies,
scientific organizations, and other interested parties and invited them
to comment. In addition, we invited public comment through the
publication of a notice in the Santa Cruz Sentinel on February 24,
2001. We received individually written letters from 14 parties, which
included 4 designated peer reviewers, 2 Federal agencies, 1 State
agency, and 4 local jurisdictions. Approximately 800 additional letters
were submitted as part of a mailing campaign. Of the 14 parties
responding individually, 5 supported the proposed designation, 2 were
neutral, and 7 were opposed. The 7 commenters opposing the proposal
specifically opposed designation of critical habitat on lands they own
or manage, and requested that these areas be excluded from critical
habitat designation. Of the 800 additional
[[Page 37501]]
letters, 19 were opposed, 1 was neutral, and the remaining were in
support of the critical habitat designation.
In accordance with our peer review policy published on July 1, 1994
(59 FR 34270), we solicited independent opinions from four
knowledgeable individuals who have expertise with the species, with the
geographic region where the species occurs, and/or familiarity with the
principles of conservation biology. All four of the peer reviewers
supported the proposal and provided us with comments, which are
included in the summary below and incorporated into the final rule.
We reviewed all comments received from the public and the peer
reviewers for substantive issues and new information regarding critical
habitat and Chorizanthe pungens var. pungens. Similar comments were
grouped into four general issues relating specifically to the proposed
critical habitat determination and draft economic analysis on the
proposed determination. These are addressed in the following summary:
Issue 1: Biological Justification and Methodology
1. Comment: The proposed rule was not based on the best scientific
data available.
Our Response: As stated in the proposed rule, we are required under
the Act and regulations (section 4(B)(2) and 50 CFR 424.12,
respectively) to make decisions based on the best information available
at the time of designation. Our policy on information standards,
described in the section entitled Critical Habitat in the rule, states
that we should use the listing package for the species as well as
additional information obtained from recovery plans, articles in peer-
reviewed journals, conservation plans developed by States and counties,
scientific status surveys and studies, and biological assessments or
other unpublished materials (i.e., gray literature). In addition to
using these sources, we have consulted with botanists and other experts
who are familiar either with the species or the geographic area where
it occurs. The final rule also incorporates relevant new information
submitted during the two comment periods.
2. Comment: Chorizanthe pungens var. pungens would not even occur
on Pebble Beach Company lands at Spanish Bay if it were not for their
extensive restoration efforts that reclaimed a former sand mine site;
therefore, this area should be excluded from the Asilomar unit.
Our Response: We recognize that the Company has undertaken the
restoration and creation of several habitats, including coastal dunes,
in the Spanish Bay area; much of this work was done to fulfill permit
requirements by the Coastal Commission as part of the approval for
construction of resort facilities at Spanish Bay. We know from
historical records that Chorizanthe pungens var. pungens occurred at
several locations along the coast of Monterey Peninsula, both upcoast
and downcoast from the Spanish Bay area prior to sand mining activity.
In addition, extant populations are known to occur both immediately
upcoast and downcoast within a mile of Spanish Bay. Although surveys
done in conjunction with the Company's restoration plan did not detect
C. p. var. pungens, it is possible that C. p. var. pungens was missed
during the surveys, or existed as a seedbank on the remnant dunes.
Moreover, seeds for the reintroduction of C. p. var. pungens into the
newly created dunes were collected from the remnant dunes at Spanish
Bay (Joey Dorrell-Canepa, biologist, pers. comm., 2001). We therefore
believe that there is sufficient information to consider dune habitat
at Spanish Bay within the range of the species and essential to the
conservation of the species.
3. Comment: One peer reviewer suggested expanding the list of
primary constituent elements to include such factors as seed
germination requirements, substrate salinity, microreliefs and
mocroclimates within local habitats, seasonal and yearly groundwater
levels, and bird populations that migrate within the range of
Chorizanthe pungens var. pungens.
Our Response: While we recognize that these factors may be
important components of the habitats within which Chorizanthe pungens
var. pungens is found, we do not have sufficient information at this
time that leads us to believe that they are the primary factors
responsible for the distribution of C. p. var. pungens throughout its
range and necessary for its conservation.
Issue 2: Economic Comments
4. Comment: Comments received by the Service from the Fort Ord
Reuse Authority and City of Marina suggested that section 2.4.9 of the
draft Economic Analysis (which estimated that 2 to 4 consultations, at
a total cost of $10,000 to $60,000, will occur related to activities by
private parties after the transfer of Fort Ord land) mischaracterized
the likely impacts of critical habitat designation on lands within the
boundaries of Fort Ord that will be transferred to private landowners.
The comments indicated that development on this land could lead to a
greater number of consultations, and that the consultations would be
more costly than estimated in the draft Economic Analysis.
Our Response: We have revised the final critical habitat
designation to remove all lands within the boundaries of former Fort
Ord that the Multispecies Habitat Management Plan for the area
explicitly designates for development (see our response to comment 8
for further information regarding former Fort Ord and the Habitat
Management Plan) . The section 7 consultation requirements pertain only
to actions of Federal agencies. Consequently, in relation to
Chorizanthe pungens var. pungens, consultation involving these excluded
lands would be necessary only when there is a Federal nexus and there
is a determination that the Federal action may affect the species or
its designated critical habitat.
Lands within former Fort Ord that have been designated for
development with reserves, but for which development boundaries are not
determined, are included in the final designation. These lands may be
subject to additional consultations in the future. The original
estimates of the draft Environmental Analysis, based on the
consultation history and cost of the consultations in this area, apply
to these lands, as two to four consultations may be necessary in the
future to address any development as it occurs.
5. Comment: One party was concerned that the designation would
eliminate their opportunity for Federal development grants, since
Federal agencies must ensure that their activities do not result in
destruction or adverse modification of critical habitat. The party was
concerned that if a federally funded project ``in any way destroyed or
adversely modified any portion of the area proposed'', the Federal
agency would be unable to provide the grant.
Our Response: Under section 7(a)(2) of the Act all Federal agencies
must ensure that any action they authorize, fund, or carry out does not
jeopardize the continued existence of a listed species; this
requirement applies regardless of whether the project area is
designated as critical habitat. In the vast majority of situations in
which a project funded by Federal development grant monies may affect a
listed species or its critical habitat, we have been able to work with
the landowner and the appropriate Federal agency to ensure that the
landowner's project can be completed without jeopardizing the
[[Page 37502]]
continued existence of a species or adversely modifying critical
habitat. Federal agencies already must consult pursuant to the jeopardy
aspect of section 7(a)(2) of the Act on all activities that may affect
Chorizanthe pungens var. pungens, regardless of whether critical
habitat is present. All of the critical habitat units are occupied by
C. p. var. pungens. Thus, the designation of critical habitat for C. p.
var. pungens is expected to result in few or no additional restrictions
through the consultation process beyond those that have existed since
the species was listed.
Issue 3: Site-Specific Areas and Other Comments
6. Comment: The U.S. Department of the Navy (DON) requested that
the lands of the Naval Postgraduate School be excluded from the Marina
unit of the critical habitat designation because protections and
management actions provided for Chorizanthe pungens var. pungens under
their Integrated Natural Resource Management Plan (INRMP) are
sufficient. Therefore, their lands do not require special management
considerations or protection and do not meet the definition of critical
habitat.
Our Response: We address the issue of INRMPs in the section
entitled ``Relationship of Critical Habitat to Military Lands.'' The
DON completed a final INRMP for the Naval Postgraduate School in July
of 2001. The INRMP provides for conservation, management and protection
for Chorizanthe pungens var. pungens (DON 2001). The DON has been
responsive to our comments regarding actions for the conservation and
protection of C. p. var. pungens and other listed species that occur at
the Naval Postgraduate School. We have reviewed the final INRMP and
have determined that it addresses the conservation needs of C. p. var.
pungens. The dune area of the Naval Postgraduate School has been
restored, is maintained as habitat for sensitive species, and is
designated solely for research and interpretive uses. In addition, we
have undergone formal consultation with the DON for actions under their
ongoing and proposed vegetation management and restoration program for
the Naval Postgraduate School, which is designed to benefit listed and
sensitive species. Therefore, the 22 ha (55 ac) of land of the Naval
Postgraduate School have not been included in this final designation of
critical habitat for C. p. var. pungens, as we have determined that
they do not require additional special management considerations or
protection, and so do not meet the definition of critical habitat.
7. Comment: Sand City requested that any property within the city
be excluded from the Marina critical habitat unit because their Local
Coastal Plan already requires them to work with the Service and they
believe that designation of critical habitat will add another layer of
coordination which is unnecessary.
Our Response: Upon further evaluation of the Marina unit, we
revised the final designation to avoid areas that have been developed
or otherwise significantly altered to such an extent that they do not
provide one or more of the primary constituent elements essential for
the conservation of Chorizanthe pungens var. pungens. We included lands
in the Marina unit that we determined to be essential to the
conservation of C. p. var. pungens and that may require special
management considerations or protection. This includes lands within
Sand City. Although the remaining natural lands of Sand City within the
larger Marina critical habitat unit may not be currently occupied by C.
p. var. pungens, they may play an important role in the conservation of
C. p. var. pungens with additional protection and management.
Management of C. p. var. pungens in Sand City and other areas of the
Marina unit has been successful in the past, and we believe that C. p.
var. pungens will respond well to additional protection and management
in areas of the Marina unit not yet developed or significantly altered.
8. Comment: The Army, City of Marina, and Fort Ord Reuse Authority
requested that areas designated for development in the 1997
Installation-wide Multispecies Habitat Management Plan for Former Fort
Ord, California (HMP), be excluded from the Fort Ord critical habitat
unit. They commented that those areas do not require special management
consideration; that the Service, through the consultation process,
already indicated in a biological opinion that the designated
development parcels are not essential to the long-term preservation of
sensitive species at the former Fort Ord; and that the benefits of
excluding these areas outweigh the benefits of including them. The Army
indicated that it intends to fully implement the HMP, consistent with
other laws and regulations.
Our Response: We have reevaluated the configuration of lands
included in the Fort Ord Unit, particularly with regard to the various
land designations in the HMP, and have revised this critical habitat
designation to avoid those lands designated in the HMP as solely for
development. Based on information obtained through several section 7
consultations, we have determined that these areas are not essential to
the conservation of Chorizanthe pungens var. pungens.
Although we not including as critical habitat those lands that are
designated for development, with no resource conservation requirements,
the public should recognize that the lands included in this designation
are not the only lands that may be important to the conservation of
Chorizanthe pungens var. pungens. If habitat for this species on the
lands designated as habitat reserve, habitat corridor, and development
with reserve or development with restrictions, does not receive the
special management it requires because the HMP is not fully
implemented, then additional lands may be needed for the conservation
of C. p. var. pungens on former Fort Ord.
9. Comment: The Moss Landing Harbor District (District) has
requested that their 3-ha (8-ac) parcel be excluded from the Moss
Landing critical habitat unit because they believe the site is not
essential to the continuation of the species due to its small size,
marginal habitat, and isolation from the rest of the unit. Moreover,
they believe the designation would place an unfair burden on the
District because they already informally consulted with the Service on
their habitat restoration plan for the site; this plan, if successful,
would provide enhanced habitat conditions and more protection for
Chorizanthe pungens var. pungens than were on the site previously.
Our Response: We acknowledge the work that the District is
undertaking to restore, enhance, and protect habitat for Chorizanthe
pungens var. pungens on this site. We also acknowledge that even though
the District was not required to consult with us previously, they
sought our technical assistance. We support the District's habitat
restoration efforts for this site. Even if the restoration plan is
fully implemented, however, the sites supporting C. p. var. pungens
will not be under permanent protection, and could possibly be impacted
by future projects, such as the widening of Highway 1. We are including
this parcel in the Moss Landing critical habitat unit because we
believe that, even though it is geographically separated, it is still
biologically connected to the rest of the Moss Landing critical habitat
unit. In particular, because other parts of the Moss Landing critical
habitat unit are close to the coast, the inland position of this parcel
is important for avoiding random extinction of C. p. var. pungens in
this unit due, for instance, to severe
[[Page 37503]]
winter storms. We have made minor modifications to the boundaries of
this final critical habitat designation in this area, based on our
improved mapping ability.
10. Comment: The Pebble Beach Company requested that their property
in the Spanish Bay area be excluded from the Asilomar unit and cited a
number of legal and procedural issues as well as biological arguments
for doing so.
Our Response: Our response to the legal and procedural issues is
included under Issue 4 below, and our responses to the biological
arguments are included under Issue 1 above. We did not exclude all of
Pebble Beach Company's property from the final designation. However,
based on additional reports, photos and a map supplied by the Company,
as well as recent aerial photos acquired by the Service and a site
visit made by Service staff, we have reduced the amount of acreage of
their lands included in the Asilomar unit by avoiding areas that do not
contain one or more of the primary constituent elements essential for
the conservation of Chorizanthe pungens var. pungens.
Issue 4: Legal and Procedural Comments
11. Comment: The Pebble Beach Company believes that they would
unfairly be subject to additional regulatory burden by the inclusion of
their lands in the designation of the Asilomar unit, where Chorizanthe
pungens var. pungens occurs only by virtue of their restoration
efforts.
Our Response: Private land owners are not required to consult with
us under section 7 of the Act except when their actions involve a
Federal nexus. See our response under Issue 1, above, that addresses
the relationship of the restoration efforts to the presence of
Chorizanthe pungens var. pungens on Company lands.
12. Comment: The Service did not follow the narrow criteria set
forth in the ESA in proposing critical habitat, specifically: (a)
Critical habitat is to be limited to those areas essential to species
conservation; (b) legislative history shows that congressional intent
was to have critical habitat narrowly defined; and (c) the proposal
goes beyond the limited grounds for designating critical habitat.
Our Response: We developed the proposed and this final critical
habitat designation consistent with the Act and our implementing
regulations. The definition of critical habitat in section 3(5)(A) of
the Act includes ``(i) the specific areas within the geographic area
occupied by a species, at the time it is listed in accordance with the
provisions of section 4 of this Act, on which are found those physical
or biological features (I) essential to the conservation of the species
and (II) which may require special management considerations or
protection; and (ii) specific areas outside the geographical area
occupied by the species at the time it is listed * * * upon a
determination by the Secretary that such areas are essential for the
conservation of the species.'' The term ``conservation'', as defined in
section 3(3) of the Act, means ``to use and the use of all methods and
procedures which are necessary to bring any endangered species or
threatened species to the point at which the measures provided pursuant
to the Act are no longer necessary.''
In accordance with section 3(5)(A) of the Act, and regulations at
50 CFR 424.12, in determining which areas to propose as critical
habitat we consider those physical and biological features (primary
constituent elements) that are essential to the conservation of the
species and that may require special management considerations or
protection. As specified in the regulations, these include, but are not
limited to--space for individual and population growth, and for normal
behavior; food, water, air, light, minerals or other nutritional or
physiological requirements; cover or shelter; sites for germination, or
seed dispersal; and habitats that are protected from disturbance or are
representative of the historic geographical and ecological
distributions of a species. This designation of critical habitat is
consistent with these requirements of the Act and the regulations.
13. Comment: The proposed rule states that the Service is required
to make decisions due to court-ordered deadlines even though the
Service admits that little is known about the physical and biological
requirement of the species. Therefore, the Service has violated the
Administrative Procedure Act and is acting in an arbitrary and
capricious manner by not going beyond the existing body of science
where available methodologies may yield ``as yet untapped sources of
best scientific and commercial data'' (Roosevelt Campobello Intern.
Park v. U.S.E.P.A., 684 F.2d 1041, 1055 (1st Cir. 1982) in Nossaman
2001).
Our Response: Under section 4(b)(2) of the Act, we are required to
use the best scientific and commercial information available when
designating critical habitat. During development of the proposed
designation and following its publication during two open comment
periods, we solicited biological data and public participation in the
rule making process. The comments received have been taken into
consideration in the development of this final designation. In this
final designation, we used information from: the CNDDB (CNDDB 2000);
soil survey maps (Soil Conservation Service (SCS) 1978, 1980); recent
biological surveys and reports; additional information provided by
interested parties; and discussions with botanical experts. We also
conducted site visits at a number of locations (see the Methods section
of this rule for more information). We believe we have used the best
available information and therefore, are not in violation of the APA.
We will continue to monitor the species and collect new information. We
may revise the critical habitat designation in the future if new
information supports a change.
14. Comment: The proposed rule did not provide adequate notice to
impacted landowners because it fails to identify the specific locations
that contain the primary constituent elements, which illegally shifts
the burden of determining critical habitat to the landowner.
Our Response: We published the proposed rule to designate critical
habitat for Chorizanthe pungens var. pungens on February 15, 2001 (66
FR 10440), and accepted comments from the public for 60 days, until
April 16, 2001. We contacted appropriate Federal, State, and local
agencies, scientific organizations, elected officials, and other
interested parties and invited them to comment. In addition, we invited
public comment through the publication of a notice in the Santa Cruz
Sentinel on February 24, 2001.
The proposed rule provided maps of the critical habitat units. The
maps delineated the area covered with reference to street and natural
landmark boundaries. More detailed mapping information was available to
any interested individuals, organizations, local jurisdiction or State
and Federal agencies upon their request during the 60-day comment
period upon their request. No such requests for additional information
were received.
We believe the information made available to the public was
sufficiently detailed to allow for determination of critical habitat
boundaries. In addition to the maps, specific information was provided
in the proposed rule regarding the primary constituent elements are for
Chorizanthe pungens var. pungens. The maps and the description of
primary constituent elements together provide landowners with
information necessary to determine whether any Federal action involving
their property would trigger a section 7 consultation with the Service
[[Page 37504]]
with regard to critical habitat, or if the Federal action may affect
the species and/or critical habitat adjacent to their property.
This final rule contains the legal descriptions of areas designated
as critical habitat required under 50 CFR 424.12(c). If additional
clarification is necessary, it can be provided by the Ventura Fish and
Wildlife Office (see ADDRESSES section).
15. Comment: The proposed rule does not include an Economic Impact
Analysis as required under the Endangered Species Act and the
Regulatory Flexibility Act.
Our Response: We published a notice in the Federal Register on
September 19, 2001 (66 FR 48228), announcing the reopening of the
public comment period for the critical habitat designation, and a
notice of availability of the draft Economic Analysis. This
announcement was to allow for comments on the draft Economic Analysis
and additional comments on the proposed determination itself. This
second comment period closed October 19, 2001. We also published the
draft Economic Analysis and associated material on our Fish and
Wildlife Office internet site following the draft's release on
September 19, 2001.
16. Comment: The proposed rule does not comply with NEPA as
required by the Tenth Circuit Court of Appeals in Catron County Bd. Of
Comm'r N.M. v. United States Fish and Wildlife Service, 75 F.3d 1429
(10th cir. 1996).
Our Response: We have determined that an Environmental Assessment
and/or an Environmental Impact Statement as defined under the authority
of the National Environmental Policy Act of 1969, need not be prepared
in connection with regulations adopted pursuant to section 4(a) of the
Endangered Species Act, as amended. A notice outlining our reason for
this determination was published in the Federal Register on October 25,
1983 (48 FR 49244). Also, the public involvement and notification
requirements under both the ESA and the APA provide ample opportunity
for public involvement in the process, similar to the opportunities for
public involvement and economic analysis of effects that would be
provided in the NEPA process.
17. Comment: One commenter opposed the exemption from critical
habitat of those lands that are included in HCPs, because they are
never developed specifically for plants, and vary in the amount of
conservation benefit provided to them through this process.
Our Response: We recognize that critical habitat is only one of
many conservation tools for federally listed species. HCPs are one of
the most important tools for reconciling land use with the conservation
of listed species on non-Federal lands. Section 4(b)(2) of the Act
allows us to exclude from critical habitat areas where the benefits of
exclusion outweigh the benefits of designation, provided the exclusion
will not result in the extinction of the species. We believe that in
most instances the benefits of excluding lands covered by HCPs from
critical habitat designations will outweigh the benefits of including
them. Although ``take'' of listed plants is not prohibited by the Act,
listed plant species may be, and often are, covered in HCPs for
wildlife species.
We expect that HCPs undertaken by local jurisdictions (e.g.,
counties and cities) and other parties will identify, protect, and
provide appropriate management for those specific lands within the
boundaries of the plans that are essential for the long-term
conservation of the species. Section 10(a)(2) of the Act states that
HCPs must meet issuance criteria, including minimizing and mitigating
any take of the listed wildlife species, to the maximum extent
practicable. In addition, the action covered in the HCP must not
appreciably reduce the likelihood of the survival and recovery of the
species in the wild. We fully expect that our future Section 7 analyses
of HCPs and section 10(a)(1)(B) permits will show that covered
activities carried out in accordance with the provisions of the HCPs
and section 10(a)(1)(B) permits will not result in the destruction or
adverse modification of critical habitat.
In the one HCP issued that includes Chorizanthe pungens var.
pungens, the habitat area is already managed for the benefit of this
and other covered species under the terms of the associated section
10(a)(1)(B) permit. We believe the assurances provided through the HCP
and permit are sufficient to provide for the conservation of C. p. var.
pungens, and any additional benefit provided by designating these lands
as critical habitat would be minimal, at best. In contrast, the
benefits of excluding lands covered by this HCP will be significant in
preserving positive relationships with our conservation partners,
particularly by reinforcing the regulatory assurances provided for in
the implementation agreement for the HCP. We believe these benefits
outweigh the benefits of designating this area as critical habitat.
Summary of Changes From the Proposed Rule
In preparation for development of our final designation of critical
habitat for C. p. var pungens we reviewed comments received on the
proposed designation of critical habitat and the draft Economic
Analysis. We made several changes to our proposed designation, as
follows:
(1) The description of the primary constituent elements was
modified and clarified. One peer reviewer suggested expanding the list
of primary constituent elements (see comment 3 in Summary of Comments
section). However, we believed it was more appropriate to shorten the
list of primary constituent elements from six to four elements. The two
primary constituent elements that were included in the proposed rule
but deleted in the final rule are: pollinator activity between existing
colonies of Chorizanthe pungens var. pungens, and seed dispersal
mechanisms between existing colonies and other potentially suitable
sites. We deleted the two elements because we believe that the critical
habitat units are of sufficient size and number that the ecosystem
processes of pollinator activity and seed dispersal mechanisms are
functioning normally and are not a factor in limiting the distribution
of C. p. var. pungens to the extent that the other primary constituent
elements are.
(2) We added a section describing Special Management Needs or
Protections that Chorizanthe pungens var. pungens may require. We
believe this new section will be useful in identifying activities that
address section 3(5)(A)(i)(II) of the Act, and also assist land
managers in developing management strategies for C. p. var. pungens on
their lands.
(3) We deleted one of the eleven units described in the proposed
rule and made changes in the boundaries of the remaining ten units,
resulting in an overall total reduction of approximately 2,823 ha
(6,989 ac), approximately 27 percent of the area that had been proposed
for critical habitat. These changes are described below.
The Manresa unit was removed entirely from the critical habitat
designation. Based upon recently gathered information, we determined
that Chorizanthe pungens var. pungens does not occur within the unit.
Previous records of C. p. var. pungens from Manresa State Beach are
likely to have been made in error. The exclusion of this unit resulted
in a reduction of approximately 40 ha (100 ac) compared to the proposed
rule.
[[Page 37505]]
We made changes to the boundary lines on the remaining ten units.
The new boundary lines were drawn within the boundary lines shown in
the proposed designation; in no case were the new boundary lines drawn
outside of those described in the legal description for the units in
the proposed designation. The purpose of these changes was to avoid
areas that obviously did not contain the primary constituent elements,
and for which we were unable to draw more precise boundaries at the
time of the proposed designation. The use of recently acquired high
resolution aerial photographs dating from April 2000 enabled us to
undertake this more precise mapping. These changes resulted in a total
reduction of 377 ha (928 ac) in this final critical habitat
designation.
These minor changes reduced the total amount of critical habitat by
15 percent or less in the final designation for 5 of the units. These
units, and the approximate percent reduction for each, are as follows:
Asilomar (13 percent), Del Rey Oaks (9 percent), Freedom (7 percent),
Bel Mar (14 percent), and Prunedale (15 percent).
Changes in the boundary lines of the other five units resulted in
excluding more than 15 percent of the critical habitat that was
included in the proposed designation in each of those units. Changes in
these units were made based on information supplied by commenters, as
well as the use of the high resolution aerial photos, which indicated
either that the primary constituent elements were not present in
certain portions of the proposed unit, or that certain changes in land
use had occurred on lands within the proposed designation that would
preclude those areas supporting the primary constituent elements. The
units with reductions of more than 15 percent in the final designation
are: Sunset (35 percent), Moss Landing (36 percent), Marina (19
percent), Fort Ord (29 percent), and Soledad (79 percent).
A brief summary of the modifications made on each of the 10 units
is provided below, beginning with the four coastal units and followed
by the six inland units:
Coastal units
Unit A: Sunset Unit
The beaches within the surf zone were eliminated along the western
boundary of this unit because they do not contain the primary
constituent elements for Chorizanthe pungens var. pungens. The unit was
reduced from 50 ha (130 ac) in the proposed rule to 35 ha (85 ac) in
the final designation. Habitat supporting C. p. var. pungens
populations within the State Beach to the east of Shell Road was
inadvertently omitted from the proposed critical habitat designation,
and so is not included in this final critical habitat designation.
Unit B: Moss Landing Unit
Major modifications were made to this unit to avoid areas that do
not contain the primary constituent elements, including intertidal
areas, wetlands, and areas that have been developed or significantly
disturbed. These modifications resulted in a reduction from 283 ha (703
ac) in the proposed rule to 182 ha (452 ac) in the final designation.
Unit C: Marina Unit
Major modifications were made to this unit to avoid areas that do
not contain the primary constituent elements, including areas that have
been developed or significantly disturbed. Federal lands at the Naval
Postgraduate School were not included in the final designation because
DON has recently completed a final INRMP that addresses the
conservation of Chorizanthe pungens var. pungens (U.S. Department of
the Navy 2001). A 5-acre (2-ha) parcel on former Fort Ord lands that
has been designated solely for development in the HMP was also removed.
These changes also are discussed in the Summary of Comments and
Recommendations section above (see our responses to comments 4 and 6).
These modifications resulted in a reduction from 885 ha (2,190 ac) in
the proposed rule to 720 ha (1,780 ac) in the final designation.
Unit D: Asilomar Unit
During the comment period, the Pebble Beach Company, which owns
Spanish Bay, provided us with maps, reports, and aerial photos that
allowed us to more accurately map habitat supporting the primary
constituent elements on their property. The modifications to this unit
resulted in a reduction from 145 ha (355 ac) in the proposed rule to
125 ha (310 ac) in the final designation. Also, during 2001 several
populations of Chorizanthe pungens var. pungens were located that are
adjacent to, but not in, this unit. One population is on Federal lands
managed by the Coast Guard at Point Pinos Light Station, and one
population is on private lands owned by Pebble Beach Company along 17
Mile Drive on the Monterey Peninsula. Habitat supporting these
populations has not been included in this critical habitat unit because
we did not have information about them at the time the proposal was
prepared and there was no opportunity to conduct an evaluation of
whether they met the criteria for critical habitat, or to prepare and
issue a revised proposal, including a revised draft Economic Analysis,
for public comment within the schedule established by the court for
completing the critical habitat designation.
Inland units
Unit E: Freedom Boulevard Unit
Minor modifications were made on this unit to remove areas that do
not contain the primary constituent elements, including areas that have
been developed or are heavily wooded. These modifications resulted in a
reduction from 90 ha (220 ac) in the proposed rule to 85 ha (205 ac) in
the final designation.
Unit F: Bel Mar Unit
Minor modifications were made on this unit to remove areas that do
not contain the primary constituent elements, including areas that have
been developed or paved. These modifications resulted in a reduction
from 40 ha (95 ac) in the proposed rule to 33 ha (82 ac).
Unit G: Prunedale Unit
Modifications were made to this unit to remove areas that do not
contain the primary constituent elements, including areas that have
been developed, paved, or have been significantly disturbed by
agriculture. These modifications resulted in a reduction from 2,135 ha
(5,280 ac) in the proposed rule to 1,815 ha (4,485 ac). We also
corrected the description of land ownership in this unit to reflect
ownership of parcels by Caltrans. During the public comment period, we
received information from the Elkhorn Slough Foundation that two
populations of Chorizanthe pungens var. pungens occur on lands they
manage for The Nature Conservancy (TNC) to the northwest of this unit.
Habitat supporting these populations has not been included in this
critical habitat unit because we did not have information about them at
the time the proposal was prepared and there was no opportunity to
conduct an evaluation of whether they met the criteria for critical
habitat, or to prepare and issue a revised proposal, including a
revised draft Economic Analysis, for public comment within the schedule
established by the court for completing the critical habitat
designation.
Unit H: Fort Ord Unit
Substantial modifications were made to this unit to remove areas
designated
[[Page 37506]]
in the HMP for this area as ``Development'' that have no HMP resource
conservation requirements. Areas designated in the HMP as ``Habitat
Reserve,'' ``Habitat Corridor,'' and ``Development with Reserve or
Development with Restrictions'' were retained in this unit, as were
easements that cross lands with these designations. The reasons for
removing areas designated for development in this unit are discussed
under the paragraphs about former Fort Ord in the section titled
``Criteria Used to Identify Critical Habitat,'' and in Comment 8 in the
Summary of Comments and Recommendations section. In the north area of
former Fort Ord, the Service has followed existing habitat reserve
lines in designating final critical habitat. We recognize that the
habitat corridor that connects the North and South Reserves of the
University of California's Natural Reserve System on former Fort Ord is
narrow and tenuously connects the adjacent reserves. We encourage those
entities who own surrounding natural lands that are designated for
development to consider and accommodate functioning of this area as a
corridor for the movement of seeds, seed dispersers, and pollinators
whenever possible. The modifications to this unit and some corrections
in habitat acreages resulted in a reduction from 5,995 ha (14,810 ac)
in the proposed rule to 4,265 ha (10,530 ac).
Unit I: Del Rey Oaks Unit
Minor modifications were made to this unit to remove areas that do
not contain the primary constituent elements, including the runways at
the Monterey Airport, and other areas that have been developed, paved,
or have been significantly disturbed. These modifications resulted in a
reduction from 280 ha (700 ac) in the proposed rule to 255 ha (640 ac).
Unit J: Soledad Unit
Major modifications were made to this unit to remove areas that do
not contain the primary constituent elements. Most of the area
surrounding the eastern subunit are in agricultural production. In
addition, we have eliminated the western subunit because, based on a
site visit we conducted following the proposed rule, we now believe the
primary constituent elements that would support the species are not
present there. These modifications resulted in a reduction from 500 ha
(1,235 ac) in the proposed rule to 105 ha (260 ac).
Critical Habitat
Critical habitat is defined in section 3 of the Act as--(i) the
specific areas within the geographic area occupied by a species, at the
time it is listed in accordance with the Act, on which are found those
physical or biological features (I) essential to the conservation of
the species and (II) which may require special management
considerations or protection; and (ii) 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'' is defined in section 3 of the Act as
meaning the use of all methods and procedures that are necessary to
bring an endangered or a threatened species to the point at which
listing under the Act is no longer necessary.
Critical habitat receives protection under section 7(a)(2) of the
Act through the prohibition against destruction or adverse modification
of critical habitat with regard to actions authorized, funded, or
carried out by a Federal agency. Also, section 7(a)(4) of the Act
requires conferences on Federal actions that are likely to result in
the destruction or adverse modification of proposed critical habitat.
In regulations at 50 CFR 402.02, we define destruction or adverse
modification as ``a direct or indirect alteration that appreciably
diminishes the value of critical habitat for both the survival and
recovery of a listed species. Such alterations include, but are not
limited to, alterations adversely modifying any of those physical or
biological features that were the basis for determining the habitat to
be critical.'' Because consultation under section 7 of the Act does not
apply to activities on private or other non-Federal lands that do not
involve a Federal nexus, critical habitat designation would not result
in any regulatory requirements for these actions.
The designation of critical habitat does not, in itself, lead to
recovery of a listed species. The designation of critical habitat does
not create a management plan, establish a preserve, reserve, or
wilderness area where no actions are allowed, it does not establish
numerical population goals, prescribe specific management actions
(inside or outside of critical habitat), or directly affect areas not
designated as critical habitat.
In order to be included in a critical habitat designation, the
habitat must first be ``essential to the conservation of the species.''
Critical habitat designations identify, to the extent known, and using
the best scientific and commercial data available, habitat areas that
provide essential life cycle needs of the species (i.e., areas on which
are found the primary constituent elements, as defined at 50 CFR
424.12(b)).
Section 4 of the Act requires that we designate critical habitat
for a species, to the extent such habitat is determinable, at the time
of listing. We are required to designate those areas we know to be
critical habitat, using the best information available to us.
Within the geographic area occupied by the species, we are
designating only areas currently known to be essential. Essential areas
contain the features and habitat characteristics that are necessary to
sustain the species, as defined at 50 CFR 424.12(b). We will not
speculate about what areas might be found to be essential if better
information becomes available, or what areas may become essential over
time.
Our regulations state that, ``The Secretary shall designate as
critical habitat areas outside the geographic area presently occupied
by the species only when a designation limited to its present range
would be inadequate to ensure the conservation of the species.'' (50
CFR 424.12(e)). Accordingly, when the best available scientific and
commercial data do not demonstrate that the conservation needs of the
species can not be met within currently occupied areas, we will not
designate critical habitat in areas outside the geographic area
occupied by the species.
Our Policy on Information Standards Under the Endangered Species
Act, published in the Federal Register on July 1, 1994 (59 FR 34271),
provides criteria, establishes procedures, and provides guidance to
ensure that our decisions represent the best scientific and commercial
data available. This policy requires our biologists, to the extent
consistent with the Act and with the use of the best scientific and
commercial data available, to use primary and original sources of
information as the basis for recommendations to designate critical
habitat. When determining which areas are critical habitat, a primary
source of information should be the listing package for the species.
Additional information may be obtained from a recovery plan, articles
in peer-reviewed journals, conservation plans developed by States and
counties, scientific status surveys and studies, biological
assessments, unpublished materials, and expert opinions.
Habitat is often dynamic, and populations may move from one area to
another over time. Furthermore, we
[[Page 37507]]
recognize that designation of critical habitat may not include all of
the habitat areas that may eventually be determined to be necessary for
the recovery of the species. For these reasons, it is important to
understand that critical habitat designations do not signal that
habitat outside the designation is unimportant or may not be required
for recovery. Areas outside the critical habitat designation will
continue to be subject to conservation actions that may be implemented
under section 7(a)(1) of the Act and to the regulatory protections
afforded by the section 7(a)(2) jeopardy standard and the prohibitions
of section 9 of the Act, as determined on the basis of the best
available information at the time of the action. We specifically
anticipate that federally funded or assisted projects affecting listed
species outside their designated critical habitat areas may still
result in jeopardy findings in some cases. Similarly, critical habitat
designations made on the basis of the best available information at the
time of designation will not control the direction and substance of
future recovery plans, habitat conservation plans, or other species
conservation planning efforts if new information available to these
planning efforts calls for a different outcome.
Methods
As required by the Act and regulations (section 4(b)(2) and 50 CFR
424.12) we used the best scientific information available to determine
areas that contain the physical and biological features that are
essential for the conservation of Chorizanthe pungens var. pungens.
This included information from the CNDDB (CNDDB 2000), soil survey maps
(SCS1978,1980), recent biological surveys and reports, additional
information provided by interested parties, and discussions with
botanical experts.
We also reviewed the goals for the delisting of Chorizanthe pungens
var. pungens included in our recovery plan that addresses seven coastal
plant taxa and the Myrtle's silverspot butterfly (Service 1998). The
criteria for delisting C. p. var. pungens include: (1) The funding and
implementation of permanent protection of C. p. var. pungens through
the Fort Ord disposal and reuse process, and (2) the permanent
protection of private and public lands on the beaches and dunes along
the coast that are occupied by C. p. var. pungens or contain its
habitat. At the time the recovery plan was prepared, Fort Ord was
considered the most important inland occurrence of C. p. var. pungens
because of the extent of habitat it occupied there. The discovery of
additional inland populations over the last few years has led us to
conclude that these other sites are equally as important in
contributing to the long-term conservation of the species.
The plan calls for the following recovery actions: (1) Protect
habitat for Chorizanthe pungens var. pungens by working with landowners
and local lead agencies; (2) obtain life history and response-to-
management information, particularly concerning the role of substrate
disturbance in the establishment and persistence of C. p. var. pungens;
(3) develop and implement management practices for occurrences of C. p.
var. pungens, particularly with respect to controlling invasive, non-
native species; (4) monitor occurrences for population trends and for
effectiveness of reducing and eliminating threats; and (5) increase
public awareness of the species and its associated habitats through
various outreach efforts. Although the recovery plan does not provide
more detailed conservation recommendations for specific areas, we
believe that the designation of critical habitat for C. p. var. pungens
is consistent with these recommended recovery actions.
We also conducted site visits. Frequently we were accompanied by
agency representatives at locations managed by local, State or Federal
agencies, including Manresa, Sunset, Marina, Monterey, and Asilomar
State Beaches; Service lands at Salinas River National Wildlife Refuge;
Bureau of Land Management (BLM) lands at former Fort Ord; Moss Landing
Marine Laboratory; Moss Landing North Harbor District; Monterey
Airport; Caltrans lands in the vicinity of Prunedale; and Manzanita
County Park. We have also made site visits to certain privately owned
lands, such as those owned by Pebble Beach Company along 17-Mile Drive
and at Spanish Bay, and those owned by TNC at Blohm Ranch.
Much of the coastline along Monterey Bay and the Monterey Peninsula
includes resources of concern to the California Coastal Commission
(Commission). The Coastal Act requires that projects within the coastal
zone be reviewed and permitted by the Commission, or by local planning
agencies that have a Local Coastal Plan (LCP) certified by the
Commission. Section 30240 of the Coastal Act requires that areas
recognized as environmentally sensitive habitat areas (ESHAs) be
protected against any significant disruption of habitat values. Only
uses dependent on those resources shall be allowed within those areas.
In general, dunes are considered ESHAs becase they include plant or
animal life or their habitats which are either rare or especially
valuable because of their special nature or role in the ecosystem and
which could be easily disturbed or degraded by human activities and
developments (Coastal Commission 2001). The counties of Santa Cruz and
Monterey both have LCPs that allow only resource-dependent uses in
habitats known to support rare and endangered species. The County of
Monterey also recognizes dune habitat, with or without rare and
endangered species, as ESHAs, and requires the protection of
environmentally sensitive habitats in new land divisions or
developments through deed restrictions or dedications of permanent
conservation easements. The County of Santa Cruz requires protection of
environmentally sensitive habitats through dedication of an open space
or conservation easement to protect the portion of a sensitive habitat
that is undisturbed by the proposed development (Service 1998). Local
jurisdictions may request amendments to their LCPs from the Commission
to allow for changes in land use not consistent with the current plan.
These initiatives and planning efforts all recognize the
sensitivity of the coastal habitats and resources along this portion of
the central California coast. Due to the historic loss of the habitats
that supported Chorizanthe pungens var. pungens, and in consideration
of the primary constituent elements essential to the conservation of
the species, we believe that future conservation and recovery of this
species depends not only on protecting it in the areas that it
currently occupies, but also on providing the opportunity for it to
shift in distribution over time, and to increase its current
distribution by designating currently unoccupied habitat within its
range.
All of the critical habitat units are occupied by either above-
ground plants or a seed bank. ``Occupied'' is defined here as an any
area with above-ground Chorizanthe pungens var. pungens plants or a C.
p. var. pungens seed bank of indefinite boundary. Current surveys need
not have identified above-ground individuals for the area to be
considered occupied because plants may still exist at the site as part
of the seed bank (Given 1994). All occupied sites contain some or all
of the primary constituent elements that are essential to the
conservation of the species, as described below. In addition, each of
the units probably contain areas currently unoccupied by the species.
``Unoccupied'' is defined here as an area that contains no above-ground
C. p. var.
[[Page 37508]]
pungens plants and that is unlikely to contain a viable seed bank. For
the reasons discussed above, both occupied and unoccupied areas that
are designated as critical habitat are essential to the conservation of
the species.
Determining the specific areas that this taxon occupies is
difficult for several reasons: (1) The distribution of Chorizanthe
pungens var. pungens appears to be more closely tied to the presence of
sandy soils than to specific plant communities; the plant communities
may undergo changes over time, which, due to the degree of cover that
is provided by that vegetation type, may or may not favor the growth of
C. p. var. pungens above ground; (2) the way the current distribution
of C. p. var. pungens is mapped can vary, depending on the scale at
which patches of individuals are recorded (e.g., many small patches
versus one large patch); and (3) depending on the climate and other
annual variations in habitat conditions, the extent of the
distributions may either shrink and temporarily disappear, or, if there
is a residual seedbank present, enlarge and cover a more extensive
area. Because it is difficult to determine how extensive the seed bank
is at any particular site and because above-ground plants may or may
not be present in all patches within a site every year, we cannot
quantify in any meaningful way what proportion of each critical habitat
unit may actually be occupied by C. p. var. pungens. Therefore, patches
of unoccupied habitat are interspersed with patches of occupied
habitat; the inclusion of unoccupied habitat in our critical habitat
units reflects the dynamic nature of the habitat and the life history
characteristics of this taxon. Unoccupied areas provide habitat into
which populations might expand, provide connectivity or linkage between
colonies within a unit, and support populations of pollinators and seed
dispersal organisms.
Primary Constituent Elements
In accordance with section 3(5)(A)(i) of the Act and regulations at
50 CFR 424.12, in determining which areas to propose as critical
habitat we consider those physical and biological features (primary
constituent elements) that are essential to the conservation of the
species and that may require special management considerations or
protection. These include, but are not limited to--space for individual
and population growth, and for normal behavior; food, water, air,
light, minerals or other nutritional or physiological requirements;
cover or shelter; sites for germination, or seed dispersal; and
habitats that are protected from disturbance or are representative of
the historic geographical and ecological distributions of a species.
Much of what is known about the specific physical and biological
requirements of Chorizanthe pungens var. pungens is described in the
Background section of this final rule.
Several coastal dune restoration efforts have included measures to
propagate and reintroduce Chorizanthe pungens var. pungens, notably at
Moss Landing North Harbor, Pajaro Dunes, and the University of
California's Moss Landing Marine Laboratory (MLML). Such efforts have
contributed to our understanding that C. p. var. pungens readily grows
where suitable sandy substrates occur and competition with other plant
species is minimal (Harding Lawson Associates 2000; J. Dorrell-Canepa,
pers. comm., 2000; P. Slattery, dune ecologist, MLML, pers. comm.,
2000). Where C. p. var. pungens occurs within native plant communities,
along the coast as well as at more interior sites, it occupies
microhabitat sites found between scrub and shrub stands where there is
little cover from other herbaceous species. Where C. p. var. pungens
occurs within grassland communities, the density of C. p. var. pungens
may decrease with an increase in the density of other herbaceous
species.
As has been observed at former Fort Ord, human caused disturbance,
such as scraping along roadsides and firebreaks, can favor the
abundance of Chorizanthe pungens var. pungens by reducing competition
from other herbaceous species. However, because such disturbance also
can promote the spread and establishment of non-native species, can
bury the seedbank of C. p. var. pungens, and does not result in the
cycling of nutrients and soil microbial changes that occur from fire,
this type of management may not sustain populations over the long term
and would likely result in a general degradation of habitat for C. p.
var. pungens if conducted over large areas. At other locations where C.
p. var. pungens occurs, its habitat may include a large complement of
non-native species. Management activities such as mowing, scraping, or
in some situations, tilling, would need to be repeated frequently and
may not be practical in all areas where C. p. var. pungens habitat
includes a complement of non-native species. Moreover, while the
presence of C. p. var. pungens could be maintained in areas with a high
abundance of non-native species, the habitat quality of these areas may
be less than areas where the presence of non-native species is minimal.
Based on our knowledge to date, the primary constituent elements of
critical habitat for Chorizanthe pungens var. pungens are:
(1) Sandy soils associated with active coastal dunes, coastal
bluffs with a deposition of windblown sand, inland sites with sandy
soils, and interior floodplain dunes;
(2) Plant communities that support associated species, including
coastal dune, coastal scrub, grassland, maritime chaparral, oak
woodland, and interior floodplain dune communities, and have a
structure with openings between the dominant elements (e.g., scrub,
shrub, oak trees, clumps of herbaceous vegetation);
(3) No or little cover by non-native species which compete for
resources available for growth and reproduction of Chorizanthe pungens
var. pungens; and
(4) Physical processes, such as occasional soil disturbance, that
support natural dune dynamics along coastal areas.
Site selection
We selected critical habitat areas to provide for the conservation
of Chorizanthe pungens var. pungens at four coastal sites and six
inland sites where it is known to occur. Historic locations for which
there are no recent records of occupancy (within the last 20 years)
were not proposed for designation, including large areas of the Salinas
Valley floodplain that have been converted to agriculture over the last
100 years and potentially suitable areas around San Simeon in San Luis
Obispo County and along the Salinas River near San Lucas in Monterey
County.
The long term probability of the conservation of Chorizanthe
pungens var. pungens is dependent upon the protection of existing
population sites, and the maintenance of ecological functions within
these sites, including connectivity between sites within close
geographic proximity to facilitate pollinator activity and seed
dispersal mechanisms, and the ability to maintain disturbance factors
(for example, dune dynamics in the coastal sites, and fire disturbance
at inland sites) that maintain the openness of vegetative cover on
which the species depends. Threats to the habitat of C. p. var. pungens
include: industrial and recreational development; road development;
human and equestrian recreational use; and dune stabilization as a
result of the introduction of non-native species (59 FR 5499; February
4, 1994). The areas we are designating as critical habitat provide some
or all of
[[Page 37509]]
the habitat components essential for the conservation of C. p. var.
pungens. Given the species' need for an open plant community structure
and the risk from non-native species invasions, we believe that these
areas may require special management considerations or protection.
Special Management Considerations or Protections
Special management considerations or protections may be needed to
maintain the primary constituent elements for Chorizanthe pungens var.
pungens within the units designated as critical habitat. In some cases,
protection of existing habitat and current ecological processes may be
sufficient to ensure that populations of C. p. var. pungens are
maintained at those sites, and have the ability to reproduce and
disperse into surrounding habitat. In other cases, however, active
management may be needed to maintain the primary constituent elements
for C. p. var. pungens. We have outlined below the most likely kinds of
special management and protection that C. p. var. pungens may require.
(1) In near-coastal areas, the supply and movement of sand along
the coast must be maintained to create the dynamic dune habitats that
are needed for Chorizanthe pungens var. pungens.
(2) In more interior locations, the sandy soils on which
Chorizanthe pungens var. pungens is found should be maintained to
optimize conditions for it. Physical properties of the soil, such as
its chemical composition, salinity, and drainage capabilities would
best be maintained by limiting or restricting the use of herbicides,
fertilizers, or other soil amendments that are applied.
(3) The associated plant communities must be maintained to ensure
that the habitat needs of pollinators and dispersal agents are
maintained. The use of pesticides should be limited or restricted so
that viable populations of pollinators are present to facilitate
reproduction of Chorizanthe pungens var. pungens. Fragmentation of
habitat (e.g. through construction of roads or certain types of
fencing) should be limited so that seed dispersal agents may move seed
of C. p. var. pungens throughout the unit.
(4) In some plant communities, it may be important to maintain a
mosaic of different-aged stands of coastal scrub or maritime chaparral
patches so that openings that support Chorizanthe pungens var. pungens
will be maintained. Depending on location, the use of prescribed fire,
thinning, or other forms of vegetation management may be useful in
creating and maintaining this type of mosaic, particularly if natural
processes that generally result in maintaining such a mosaic are
altered due to human activities.
(5) In all plant communities where Chorizanthe pungens var. pungens
occurs, invasive, non-native species such as harding grass (Phalaris
aquatica), veldt grass (Ehrharta sp.), European beachgrass, iceplant,
and other species need to be actively managed to maintain the open
habitat that C. p. var. pungens needs.
(6) Certain areas where Chorizanthe pungens var. pungens occurs may
need to be fenced to protect them from accidental or intentional
trampling by humans or livestock. While C. p. var. pungens appears to
withstand light to moderate disturbance, heavy disturbance may be
detrimental to its persistence. Seasonal exclusions may work in certain
areas to protect C. p. var. pungens during its critical season of
growth and reproduction.
Criteria Used to Identify Critical Habitat
We believe it is important to preserve all areas that currently
support native populations of Chorizanthe pungens var. pungens because
the species has undergone a reduction in range which places a great
importance on the conservation of all the known remaining sites. When
possible, areas that were in close geographic proximity were included
in the same unit to emphasize the need to maintain connectivity between
different populations. We also included habitat for C. p. var. pungens
adjacent to and contiguous to areas of known occurrences to maintain
landscape scale processes. Some units were mapped with a greater
precision than others, based on the available information and the size
of the unit. Each unit contains habitat that is occupied by C. p. var.
pungens.
The proposed critical habitat units were delineated by creating
data layers in a geographic information system (GIS) format of the
areas of known occurrences of Chorizanthe pungens var. pungens, using
information from the CNDDB (CNDDB 2000), recent biological surveys and
reports, our recovery plan for this species, and discussions with
botanical experts. These data layers were created on a base of USGS
7.5' quadrangles obtained from the State of California's Stephen P.
Teale Data Center. We defined the boundaries for the proposed critical
habitat units using roads and known landmarks and, if necessary,
township, range, and section numbers from the public land survey.
During preparation of the final rule, we found several discrepancies
between the legal description of the boundaries of the critical habitat
units and the boundaries of the units as depicted in the maps
accompanying the proposed rule. The discrepancies resulted primarily
through our use of data layers created at a small scale (e.g.,
1:100,000 scale USGS mapping) during preparation of the maps of
proposed critical habitat. For the final rule, the mapped boundaries of
critical habitat first were corrected to be consistent with the
boundaries as described in the proposed rule. We then modified the
boundaries of proposed critical habitat using information on the
location of existing developed areas from recent aerial imagery (April,
2000), additional information from botanical experts, and comments on
the proposed rule. The boundaries of the final critical habitat units
are defined by Universal Transverse Mercator (UTM).
We also considered the status of habitat conservation plan (HCP)
efforts in proposing areas as critical habitat. Section 10(a)(1)(B) of
the Act authorizes us to issue permits for the take of listed wildlife
species incidental to otherwise lawful activities. An incidental take
permit application must be supported by an HCP that identifies
conservation measures that the permittee agrees to implement for the
species to minimize and mitigate the impacts of the permitted
incidental take. Although ``take'' of listed plants is not prohibited
by the Act, listed plant species may also be covered in an HCP
developed primarily for wildlife species.
The only HCP that is operative and has an executed Implementation
Agreement within the critical habitat that was proposed for Chorizanthe
pungens var. pungens is the HCP for the North of Playa project site
(Zander Associates 1995), within Sand City (Marina Unit). Subsection
4(b)(2) of the Act allows us to exclude from critical habitat
designation areas where the benefits of exclusion outweigh the benefits
of designation, provided the exclusion will not result in the
extinction of the species.
Habitat for Chorizanthe pungens var. pungens in the North of Playa
HCP plan area is already managed for the benefit of this and other
covered species under the terms of the associated section 10(a)(1)(B)
permit. We believe the assurances provided through the HCP and permit
are sufficient to provide for the conservation of C. p. var. pungens in
that area. Any additional benefit provided by designating these lands
as critical habitat would be minimal at best. In contrast, the benefits
of
[[Page 37510]]
excluding lands covered by this HCP would be significant in preserving
positive relationships with our conservation partners, particularly by
reinforcing the regulatory assurances provided for in the
implementation agreement for the HCP. We believe they outweigh the
benefits of designating this area as critical habitat. Furthermore, we
have determined that excluding this area from critical habitat
designation will not result in the extinction of the species. The main
regulatory benefit of critical habitat designation is the requirement
that Federal agencies consult with us and ensure that their actions do
not destroy or adversely modify designated critical habitat. As these
areas are occupied by the species, Federal agencies are already
required to consult with us and ensure their actions here do not
jeopardize the continued existence of the species. This requirement
will ensure that excluding this area does not result in the extinction
of the species. Consequently, these lands have not been included in
this critical habitat designation for the Marina Unit.
A large planning effort is currently underway to address the
conservation needs for a number of threatened and endangered species,
in addition to sensitive unlisted species, for the lands formerly known
as Fort Ord. The Defense Base Realignment and Closure Commission
selected the 11,340-ha (28,000-ac) Fort Ord for closure in 1991. As a
requirement of a biological opinion issued by the Service in 1993, the
Installation-wide Multispecies Habitat Management Plan for Former Fort
Ord, California (HMP), was prepared in 1994 and revised in 1997 by the
Army to address listed, proposed, candidate, and sensitive species and
their habitat. The HMP provides a comprehensive plan for minimizing and
mitigating impacts to sensitive species and their habitats while
allowing disposal and redevelopment of the base. Under the HMP, over
6,880 ha (17,000 ac) is designated for eventual habitat conservation.
The Bureau of Land Management (BLM) will receive approximately 6,070 ha
(15,000 ac) of undeveloped land to be managed for habitat and sensitive
species. California Department of Parks and Recreation (CDPR) will
receive the coastal properties, a large portion of which will be
restored and managed for sensitive species. Several other entities will
also receive property which they will manage for conservation of
habitat and sensitive species. The remaining areas of the base,
including many areas that have already been developed as part of the
base operations, will be available for land development. As of October
2001, a total of approximately 4,290 ha (10,600 ac) of former Fort Ord
had been transferred. Approximately 3,160 ha (7,800 ac) identified as
habitat reserve were transferred, of which about 2,910 ha (7,200 ac)
were transferred to BLM, 215 ha (530 ac) were transferred to the
University of California, Santa Cruz, and 16 ha (40 ac) were
transferred to the City of Marina.
The Service has designated critical habitat on lands of the former
Fort Ord specified as ``Habitat Reserve,'' ``Habitat Corridor,'' and
``Development with Reserve Areas or Development with Restrictions'' as
shown on the map and post-transfer modifications of the HMP. In
finalizing this critical habitat rule we have not included lands that
the HMP designated solely for development, with no accompanying
resource conservation requirements, that were included as critical
habitat in the proposed rule. Lands within easements remain in this
critical habitat designation where they cross the Reserve, Corridor, or
Development with Reserve designations listed above.
The Service has consulted with the Army on the closure and reuse of
Fort Ord. The Fort Ord critical habitat unit is entirely encompassed
within the area covered by that consultation. The biological opinions
resulting from consultation with the Army on the closure and reuse of
former Fort Ord determined that development according to the HMP would
not jeopardize the continued existence of Chorizanthe pungens var.
pungens. This determination was based on full implementation of the
HMP, including the appropriate management of habitat reserve areas.
Recently, the Army's ability to fully implement the HMP has come into
question. Specifically, the Army's ability to conduct prescribed burns
to clear vegetation in habitat reserve areas was impeded by two
lawsuits brought by the Monterey Bay Unified Air Pollution Control
District against the Army during the past several years. The Army uses
prescribed burns to clear vegetation prior to the cleanup of ammunition
and explosives that remain on former ranges. Following a ruling on the
most recent of these lawsuits, the Army is embarking on an evaluation
of alternative methods of vegetation clearance, including prescribed
burning, under CERCLA. If the Army is not able to fully implement those
measures in the HMP that protect and conserve listed and sensitive
species, then the design of reserve and development lands may need to
be reevaluated along with this critical habitat designation.
On former Fort Ord lands, the HMP would be the basis of each
subsequent HCP submitted by a non-Federal land recipient applying for a
section 10(a)(1)(B) incidental take permit. A draft programmatic HCP
submitted by the Fort Ord Reuse Authority is under review by the
Service.
Throughout this designation, in selecting areas of critical habitat
we made an effort to avoid developed areas, such as housing
developments, that are unlikely to contribute to the conservation of
Chorizanthe pungens var. pungens. However, we did not map critical
habitat in sufficient detail to exclude all developed areas, or other
lands unlikely to contain the primary constituent elements essential
for the conservation of C. p. var. pungens. Areas within the boundaries
of the mapped units, such as buildings, roads, parking lots, railroads,
airport runways and other paved areas, lawns, and other urban
landscaped areas will not contain any of the primary constituent
elements. Therefore, Federal actions limited to these areas would not
trigger a section 7 consultation unless it is determined that such
actions may affect the species and/or its designated critical habitat
(e.g. certain actions may affect the species or its critical habitat an
adjacent area).
Critical Habitat Designation
The critical habitat areas described below constitute our best
assessment at this time of the areas needed for the conservation of
Chorizanthe pungens var. pungens. Critical habitat for C. p. var.
pungens includes 10 units that currently support the species. The areas
being designated as critical habitat are either along the coast between
Sunset State Beach in Santa Cruz County, south to Asilomar State Beach
in Monterey County, or are at inland sites ranging from the Aptos area
in Santa Cruz County, south to a stretch of the Salinas River near
Soledad in Monterey County, California, and include the appropriate
dune, maritime chaparral, or oak woodland habitats that support C. p.
var. pungens. We have designated approximately 7,620 ha (18,830 acres)
of land as critical habitat for C. p. var. pungens. Approximately 57
percent of this area consists of Federal lands, while State lands
comprise approximately 9 percent, County and other local jurisdiction
lands comprise approximately 4 percent, and private lands comprise
approximately 31 percent of the critical habitat.
A brief description of each critical habitat unit is given below:
[[Page 37511]]
Coastal units
Unit A: Sunset Unit
Unit A includes approximately 35 ha (85 ac) of critical habitat,
consisting of coastal beaches, dunes, and bluffs west of Watsonville in
southern Santa Cruz County. This entire unit is within Sunset State
Beach. The unit includes land from Sunset Beach Road south to the gate
on Shell Road, just north of the mouth of the Pajaro River, and west of
the main road that extends the length of the park. This unit supports a
population of Chorizanthe pungens var. pungens that numbers in the tens
of thousands. This unit is important because it supports the
northernmost population found along the coast, as well as being one of
only four populations along the coast. Preserving the genetic
characteristics that have allowed individuals at this site to survive
under these slightly different environmental conditions (i.e., more
northerly coastal conditions) may be important for the long-term
survival and conservation of C. p. var. pungens.
Unit B: Moss Landing Unit
Unit B includes approximately 182 ha (452 ac) of critical habitat.
It consists of coastal beaches, dunes, and bluffs to the north and
south of the community of Moss Landing in northern Monterey County. The
northern portion of this unit includes lands owned and managed by the
State, including portions of Zmudowski State Beach and Moss Landing
State Beach as well as the private land between these two parks,
between the mouths of the Pajaro River and Elkhorn Slough. The southern
portion of this unit includes two portions of Salinas River State Beach
and the private lands between these two portions. Two other small
pieces of the unit include portions of the Moss Landing North Harbor
District (MLNHD), and the MLML. Local agency lands (MLNHD) comprise 2
percent of the unit, while State lands comprise 86 percent, and private
lands comprise 12 percent of the unit. This unit currently supports a
population of Chorizanthe pungens var. pungens that numbers in the tens
of thousands (P. Slattery, MLML, pers. comm., 2001). This unit is
important because it supports one of only four populations found along
the coast and because it provides connectivity between the Sunset unit
to the north, and the Marina unit to the south.
Unit C: Marina Unit
Unit C contains approximately 720 ha (1,780 ac) of critical
habitat. The unit consists of coastal beaches, dunes, and bluffs
ranging from just south of the mouth of the Salinas River, south to the
city of Monterey in northern Monterey County. These lands are almost
entirely west of Highway 1, with the exception of a small portion of
land between Del Monte Boulevard and Highway 1 in Sand City. Federal
lands, which comprise 44 percent of the unit, include a portion of the
Salinas River National Wildlife Refuge, and lands known as former Fort
Ord. State lands, which comprise 3 percent of the unit, include Marina
State Beach and Monterey State Beach. Private lands account for 53
percent of the unit. An area of 1.9 ha (4.6 ac) within Sand City known
as North of Playa, has been excluded from the unit because a HCP for
this restoration site included Chorizanthe pungens var. pungens as a
covered species. In addition, Federal lands at the Naval Postgraduate
School were not included, because DON has recently completed a final
INRMP that addresses the conservation of C. p. var. pungens. This unit
currently supports a population of C. p. var. pungens that numbers in
the tens of thousands. This unit is important because it supports one
of only four populations found along the coast and because it provides
connectivity between the coastal populations and the more interior
populations found at former Fort Ord.
Unit D: Asilomar Unit
Unit D includes approximately 125 ha (310 ac) of critical habitat.
It consists of coastal dunes and bluffs near the communities of Pacific
Grove and Pebble Beach on the Monterey Peninsula in northern Monterey
County. The unit is generally bounded by the extrapolated western
extension of Lighthouse Avenue to the north and the portion of 17 Mile
Drive between Point Joe and Sloat Road to the south. It is bounded on
the east by Sunset Drive south to Arena Avenue, Arena Avenue to
Asilomar Boulevard, Asilomar Boulevard to Highway 68, from this corner
generally south to the junction of 17 Mile Drive and Spanish Bay Road.
The unit is comprised of State lands at Asilomar State Beach (about 80
percent) and private lands, including those near Spanish Bay (about 20
percent). This unit currently supports a population of Chorizanthe
pungens var. pungens that numbers in the thousands. This unit is
important because it supports one of only four populations found along
the immediate coast, and is also the southernmost occurrence of C. p.
var. pungens along the coast. Preserving the genetic characteristics
that have allowed individuals at this site to survive under these
slightly different environmental conditions (i.e., more southerly
coastal conditions) may be important for the long-term survival and
conservation of C. p. var. pungens.
Inland Units
Unit E: Freedom Boulevard Unit
Unit E includes approximately 85 ha (205 ac) of critical habitat.
The unit consists of grassland, maritime chaparral, and oak woodland
habitat near the western terminus of Freedom Boulevard and northeast of
Highway 1 in Santa Cruz County. The unit is bounded on the western
boundary by Freedom Boulevard from Valencia Road to McDonald Road, then
north on McDonald Road to Apple Road. The northern boundary runs
approximately 0.4 km (0.25 mi) east from McDonald Road, then jogs south
to Freedom Boulevard, and follows Freedom Boulevard for approximately
0.8 km (0.5 mi). The eastern boundary heads directly south from Freedom
Boulevard at this point for approximately 0.6 km (0.4 mi). The southern
boundary heads directly west from this point to Freedom Boulevard near
the intersection with Valencia Road. This entire unit consists of
privately owned lands. This unit currently supports a population of
Chorizanthe pungens var. pungens that numbers in the thousands in
favorable years, but many fewer in unfavorable years. This unit is
important because it, along with the Bel Mar unit, is the northernmost
occurrence away from the immediate coast. Preserving the genetic
characteristics that have allowed individuals at this site to survive
under these slightly different environmental conditions (i.e., at the
northern end of its range) may be important for the long-term survival
and conservation of C. p. var. pungens.
Unit F: Bel Mar Unit
Unit F includes approximately 33 ha (82 acres) of critical habitat.
The unit consists of maritime chaparral habitat near the terminus of
East Bel Mar Dive, between Larkin Valley Road and Highway 1 near the
community of La Selva Beach in southern Santa Cruz County. This unit
consists of privately owned lands, with 3 acres of State lands, and
currently supports a population of Chorizanthe pungens var. pungens
that numbers in the thousands in favorable years, but many fewer in
unfavorable years. This unit is important because it, along with the
Freedom unit, is the northernmost occurrence away from the immediate
coast. Preserving the genetic characteristics that have allowed
individuals at this site to survive under
[[Page 37512]]
these slightly different environmental conditions (i.e., at the
northern end of its range) may be important for the long-term survival
and conservation of C. p. var. pungens.
Unit G: Prunedale Unit
Unit G includes approximately 1,815 ha (4,485 ac) of critical
habitat. It consists of grassland, maritime chaparral, and oak woodland
in the area around Prunedale in northern Monterey County. On the west
side of Highway 101, the unit includes Manzanita County Park located
between Castroville Boulevard and San Miguel Canyon Road. On the east
side of Highway 101, the unit is generally bounded by Highway 101 to
the west and north, Crazy Horse Canyon Road, and then Wild Horse Road
and Herbert Road to the east, and Meadow Ridge Circle to the south.
Approximately 9 percent of the unit consists of county park land, 8
percent is owned by Caltrans, and 83 percent is privately owned.
This unit currently supports multiple populations of Chorizanthe
pungens var. pungens; in addition to the populations that have been
known from Manzanita County Park for over a decade, it includes
numerous populations that have been discovered in the past few years
during surveys conducted for the Highway 101 Prunedale bypass project
(R. Robison, in litt. 2001). This is one of only three units that are
known to support populations away from the immediate coast and that
support maritime chaparral and oak woodland habitats more
representative of hotter, interior sites. Preserving the genetic
characteristics that have allowed individuals at this site to survive
under these slightly different environmental conditions may be
important for the long-term survival and conservation of C. p. var.
pungens. The Prunedale Unit also supports multiple populations in
relatively close proximity to one another and supports suitable habitat
that is important for the expansion of existing populations.
Unit H: Fort Ord Unit
Unit H includes approximately 4,265 ha (10,530 ac) of critical
habitat. It consists of grassland, maritime chaparral, coastal scrub,
and oak woodland on the former DOD base at Fort Ord, east of the city
of Seaside in northern Monterey County. Portions of Fort Ord have been
transferred to the BLM; University of California, Santa Cruz;
California State University at Monterey Bay; and local city and county
jurisdictions. As of October 2001, approximately 4,290 ha (10,600 ac)
of former Fort Ord had been transferred, of which about 3,160 ha (7,800
ac) have been designated as habitat reserve in the HMP. As a result of
these recent transfers, approximately 5 percent of this critical
habitat unit is State land and 1 percent is under local jurisdiction.
We considered all other land within this unit to be under Federal
jurisdiction (about 94 percent). This unit is entirely within the area
formerly known as Fort Ord, bounded by Highway 1 on the northwest, the
Salinas River to the east and the Monterey-Salinas Road (Highway 68) to
the south. This unit currently supports multiple populations of
Chorizanthe pungens var. pungens that number in the tens of thousands.
This is one of only three units that are known to support populations
away from the immediate coast and that support maritime chaparral and
oak woodland habitats more representative of hotter, interior sites.
Preserving the genetic characteristics that have allowed individuals at
this site to survive under these slightly different environmental
conditions may be important for the long-term survival and conservation
of C. p. var. pungens. It also supports multiple populations in
relatively close proximity to one another and supports suitable habitat
that is important for the expansion of existing populations.
Unit I: Del Rey Oaks Unit
Unit I contains approximately 255 ha (640 ac) of critical habitat.
It consists of grassland, maritime chaparral, and oak woodland near the
community of Del Rey Oaks, southeast of the city of Seaside in northern
Monterey County. This unit is generally bounded to the north and
northeast by Rosita Road and South Boundary Road, to the east by York
Road, to the south by the Monterey-Salinas Road (Highway 68), and by
Olmstead Road and its extrapolated extension northward to Rosita Road
on the west. Approximately 30 percent of the unit is owned by Monterey
County Airport and other local jurisdictions, and 70 percent is
privately owned. This unit currently supports multiple populations of
Chorizanthe pungens var. pungens; at one time, habitat supporting these
populations was likely continuous with habitat on former Fort Ord.
Although fragmentation has occurred, it is possible that connectivity
still exists between these areas. This unit is important because it
supports multiple populations in relatively close proximity to one
another and because it represents the southernmost extension of the
population complex that occurs on former Fort Ord.
Unit J: Soledad Unit
Unit J includes approximately 105 ha (260 ac) of critical habitat.
It consists of an interior dune in the floodplain of the Salinas River
channel just south of the town of Soledad in central Monterey County,
on privately owned lands. This unit currently supports a population of
Chorizanthe pungens var. pungens. This unit is the southernmost
interior location that supports a population, and the only unit where
C. p. var. pungens grows in interior floodplain dune habitat.
Preserving the genetic characteristics that have allowed individuals at
this site to survive in interior floodplain dune habitat may be
important for the long-term survival and conservation of C. p. var.
pungens.
The approximate areas of proposed critical habitat by land
ownership are shown in Table 1. Lands proposed are under private,
county, State, and Federal jurisdiction, with Federal lands including
lands managed by us, the DOD, and BLM.
Table 1.--Approximate Areas, Given in Hectares (ha) and Acres (ac) \1\ of Designated Critical Habitat for Chorizanthe pungens var. pungens by Land
Ownership.
--------------------------------------------------------------------------------------------------------------------------------------------------------
County and other
Unit name State lands Private lands local jurisdictions Federal lands Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
A. Sunset.......................... 35 ha (85 ac)......... 0 ha (0 ac)........... 0 ha (0 ac).......... 0 ha (0 ac).......... 35 ha (85 ac).
B. Moss Landing.................... 160 ha (390 ac)....... 20 ha (55 ac)......... 2 ha (7 ac).......... 0 ha (0 ac).......... 182 ha (452 ac).
C. Marina\2\....................... 25 ha (60 ac)......... 380 ha (945 ac)....... 0 ha (0 ac).......... 315 ha (775 ac)...... 720 ha (1,780 ac).
D. Asilomar........................ 100 ha (250 ac)....... 25 ha (60 ac)......... 0 ha (0 ac).......... 0 ha (0 ac).......... 125 ha (310 ac).
E. Freedom Blvd.................... 0 ha (0 ac)........... 85 ha (205 ac)........ 0 ha (0 ac).......... 0 ha (0 ac).......... 85 ha (205 ac).
F. Bel Mar......................... 3 ha (7 ac)........... 30 ha 75 ac).......... 0 ha (0 ac).......... 0 ha (0 ac).......... 33 ha (82 ac).
G. Prunedale....................... 145 ha (360 ac)....... 1,515 ha (3,740 ac)... 155 ha (385 ac)...... 0 ha (0 ac).......... 1,815 ha (4,485 ac).
[[Page 37513]]
H. Fort Ord (Current)\3\........... 215 ha (530 ac)....... 0 ha (0 ac)........... 55 ha (130 ac)....... 3,995 ha (9,870 ac).. 4,265 ha (10,530 ac).
I. Del Rey Oaks.................... 0 ha (0 ac)........... 180 ha (450 ac)....... 75 ha (190 ac)....... 0 ha (0 ac).......... 255 ha (640 ac).
J. Soledad......................... 0 ha (0 ac)........... 105 ha (260 ac)....... 0 ha (0 ac).......... 0 ha (0 ac).......... 105 ha (260 ac).
-------------------------
Total.......................... 683 ha (1,682 ac)..... 2,340 ha (5,790 ac)... 287 ha (712 ac)...... 4,310 ha (10,645 ac). 7,620 ha (18,829 ac).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Approximate acres have been converted to hectares (1 ha = 2.47 ac). Based on the level of imprecision of mapping of each unit, hectares and acres
greater than 10 have been rounded to the nearest 5; hectares and acres less than or equal to 10 have been rounded to the nearest whole number. Totals
are sums of units.
\2\ Acreages assigned to various landowner categories for the Fort Ord portion of the Marina unit will change in the future once land transfers have
been completed. We estimate the following after transfer: state, 835ac; local, 945 ac; federal, 0 ac.
\3\ Acreages assigned to various landowner categories for the Fort Ord unit will change in the future once land transfers have been completed. We
estimate the following after transfer: state, 610 ac; local jurisdictions, 970 ac; federal, 8,950 ac.
Effects of Critical Habitat Designation
Section 7 Consultation
Section 7(a)(2) of the Act requires Federal agencies, including the
Service, to ensure that actions they fund, authorize, or carry out are
not likely to jeopardize the continued existence of any threatened or
endangered species or result in the destruction or adverse modification
of critical habitat designated for such species. Destruction or adverse
modification of critical habitat occurs when a Federal action directly
or indirectly alters critical habitat to the extent it appreciably
diminishes the value of critical habitat for the conservation of the
species. Individuals, organizations, States, local governments, and
other non-Federal entities are affected by the designation of critical
habitat only if their actions occur on Federal lands, require a Federal
permit, license, or other authorization, or involve Federal funding.
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is proposed or listed as
endangered or threatened and with respect to its critical habitat, if
any is designated or proposed. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) of the Act requires Federal agencies to
confer with us on any action that is likely to jeopardize the continued
existence of a proposed species or result in destruction or adverse
modification of proposed critical habitat. Conference reports provide
conservation recommendations to assist the action agency in eliminating
conflicts that may be caused by the proposed action. The conservation
recommendations in a conference report are advisory. We may issue a
formal conference report, if requested by the Federal action agency.
Formal conference reports include an opinion that is prepared according
to 50 CFR 402.14, as if the species was listed or critical habitat
designated. We may adopt the formal conference report as the biological
opinion when the species is listed or critical habitat designated, if
no substantial new information or changes in the action alter the
content of the opinion (see 50 CFR 402.10(d)).
If a species is listed or critical habitat is designated, section
7(a)(2) of the Act requires Federal agencies to ensure that activities
they authorize, fund, or carry out are not likely to jeopardize the
continued existence of such a species or to destroy or adversely modify
its critical habitat. If a Federal action may affect a listed species
or its critical habitat, the responsible Federal agency (action agency)
must enter into consultation with us.
When we issue a biological opinion concluding that a project is
likely to result in the destruction or adverse modification of critical
habitat, we also provide ``reasonable and prudent alternatives'' to the
project, if any are identifiable. Reasonable and prudent alternatives
are defined at 50 CFR 402.02 as alternative actions identified during
consultation that can be implemented in a manner consistent with the
intended purpose of the action, that are consistent with the scope of
the Federal agency's legal authority and jurisdiction, that are
economically and technologically feasible, and that the Director
believes would avoid the destruction or adverse modification of
critical habitat. Reasonable and prudent alternatives can vary from
slight project modifications to extensive redesign or relocation of the
project. Costs associated with implementing a reasonable and prudent
alternative are similarly variable.
Regulations at 50 CFR 402.16 require Federal agencies to reinitiate
consultation on previously reviewed actions in instances where critical
habitat is subsequently designated and the Federal agency has retained
discretionary involvement or control over the action or such
discretionary involvement or control is authorized by law.
Consequently, some Federal agencies may request reinitiation of
consultation or conference with us on actions for which formal
consultation previously has been completed if those actions may affect
designated critical habitat or adversely modify or destroy proposed
critical habitat.
Activities on Federal lands that may affect Chorizanthe pungens
var. pungens or its critical habitat will require section 7
consultation. Activities on private or State lands requiring a permit
from a Federal agency, such as a permit from the U.S. Army Corps of
Engineers (Corps) under section 404 of the Clean Water Act or any other
activity requiring Federal action (i.e., funding, authorization) will
also continue to be subject to the section 7 consultation process.
Federal actions not affecting C. p. var pungens or its critical
habitat, as well as actions on non-Federal lands that are not federally
funded or permitted, will not require section 7 consultation with
respect to this species.
Section 4(b)(8) of the Act requires us to briefly describe and
evaluate in any proposed or final regulation that designates critical
habitat those activities involving a Federal action that may adversely
modify such habitat or that may be affected by such designation.
Activities that may destroy or adversely modify critical habitat would
be those that alter the primary
[[Page 37514]]
constituent elements to the extent that the value of critical habitat
for the conservation of Chorizanthe pungens var. pungens is appreciably
reduced. We note that such activities may also jeopardize the continued
existence of the species. Activities that, when carried out, funded, or
authorized by a Federal agency, may directly or indirectly destroy or
adversely modify critical habitat include, but are not limited to:
(1) Activities that alter watershed characteristics in ways that
would appreciably alter or reduce the quality or quantity of surface
and subsurface flow of water needed to maintain the maritime chaparral
and oak woodland communities. Such activities adverse to Chorizanthe
pungens var. pungens could include, but are not limited to, maintaining
an unnatural fire regime either through fire suppression or prescribed
fires that are too frequent or poorly-timed; residential and commercial
development, including road building and golf course installations;
agricultural activities, including orchardry, viticulture, row crops,
and livestock grazing; and vegetation manipulation such as chaining or
harvesting firewood in the watershed upslope from C. p. var. pungens;
and
(2) Activities that appreciably degrade or destroy native maritime
chaparral and oak woodland communities, including but not limited to
livestock grazing, clearing, discing, introducing or encouraging the
spread of nonnative species, and heavy recreational use.
To properly portray the effects of critical habitat designation, we
must first compare the section 7 requirements for actions that may
affect critical habitat with the requirements for actions that may
affect a listed species. Section 7 ensures that actions funded,
authorized, or carried out by Federal agencies are not likely to
jeopardize the continued existence of a listed species or destroy or
adversely modify the critical habitat designated for such species.
Actions likely to jeopardize the continued existence of a species are
those that would appreciably reduce the likelihood of its survival and
recovery, and actions likely to destroy or adversely modify critical
habitat are those that would appreciably reduce the value of critical
habitat for the survival and recovery of the listed species. (50 CFR
402.02)
Common to both definitions is an appreciable detrimental effect on
both survival and recovery of a listed species. Given the similarity of
these definitions, actions likely to destroy or adversely modify
critical habitat would almost always result in jeopardy to the species
concerned, particularly when the area of the proposed action is
occupied by the species concerned. All of the units we are designating
are occupied by either above-ground plants or a Chorizanthe pungens
var. pungens seed bank, and Federal agencies already consult with us on
activities in areas where the species may be present to ensure that
their actions do not jeopardize the continued existence of the species.
Each unit also contains some areas which are considered unoccupied.
However, we believe, and the economic analysis discussed below
illustrates, that the designation of critical habitat is not likely to
result in a significant regulatory burden above that already in place
due to the presence of the listed species. Few additional consultations
are likely to be conducted due to the designation of critical habitat.
Actions on which Federal agencies consult with us include, but are not
limited to:
(1) Development on private lands requiring permits from Federal
agencies, such as 404 permits from the U.S. Army Corps of Engineers or
permits from other Federal agencies such as Housing and Urban
Development, military activities of the U.S. Department of Defense
(Navy and Army) on their lands or lands under their jurisdiction;
(2) Activities of the BLM on their lands or lands under their
jurisdiction;
(3) Activities of the Federal Aviation Authority on their lands or
lands under their jurisdiction;
(4) The release or authorization of release of biological control
agents by the U.S. Department of Agriculture;
(5) Regulation of activities affecting point source pollution
discharges into waters of the United States by the Environmental
Protection Agency under section 402 of the Clean Water Act; and
(6) Construction of communication sites licensed by the Federal
Communications Commission, and authorization of Federal grants or
loans.
Where federally listed wildlife species occur on private lands
proposed for development and an HCP is submitted by an applicant to
secure a permit to take according to section 10(a)(1)(B) of the Act,
our issuance of such a permit would be subject to the section 7
consultation process. In those situations where Chorizanthe pungens
var. pungens may occur or its critical habitat is present within the
area covered by the HCP, the consultation process would include
consideration of the potential effects of granting the permit
authorizing take of threatened or endangered wildlife species addressed
by the HCP. Wildlife species that are listed under the Act and occur in
the same general areas as C. p. var. pungens include the Smith's blue
butterfly (Euphilotes enoptes smithi), which occurs at dunes from
Salinas River National Wildlife Refuge south to the Naval Postgraduate
School, and western snowy plover (Charadrius alexandrinus nivosus),
which ranges from Zmudowski State Beach south along the coast to
Monterey State Beach. Consultations conducted under Section 7 in
relation to HCPs prepared for these wildlife species would address any
effects that granting a permit for take of the wildlife species would
have on C. p. var pungens, including its critical habitat.
If you have questions regarding whether specific activities will
likely constitute adverse modification of critical habitat, contact the
Field Supervisor, Ventura Fish and Wildlife Office (see ADDRESSES
section). Requests for copies of the regulations on listed wildlife and
inquiries about prohibitions and permits may be addressed to the U.S.
Fish and Wildlife Service, Portland Regional Office, 911 NE 11th
Avenue, Portland, OR 97232-4181 (503/231-6131, FAX 503/231-6243).
Relationship of Critical Habitat to Military Lands
Critical habitat is defined in section 3 of the Act as--(i) the
specific areas within the geographic area occupied by a species, at the
time it is listed in accordance with the Act, on which are found those
physical or biological features (I) essential to the conservation of
the species and (II) that may require special management considerations
or protection; and (ii) specific areas outside the geographic area
occupied by a species at the time it is listed, upon a determination
that such areas are essential for the conservation of the species.
Special management and protection are not required if adequate
management and protection are already in place. Adequate special
management or protection is provided by a legally operative plan/
agreement that addresses the maintenance and improvement of the primary
constituent elements important to the species and that manages for the
long-term conservation of the species. If any areas containing the
primary constituent elements are currently being managed to address the
conservation needs of C. p. var. pungens management or protection,
these areas would not meet the definition of critical habitat in
section 3(5)(A)(i) of the Act and would not be included in this final
rule.
We consider several factors to determine if a plan provides
adequate
[[Page 37515]]
management or protection. These factors are: (1) Whether there is a
current plan specifying the management actions and whether such actions
provide sufficient conservation benefit to the species; (2) whether the
plan provides assurances that the conservation management strategies
will be implemented; and (3) whether the plan provides assurances that
the conservation management strategies will be effective.
In determining if management strategies are likely to be
implemented, we consider whether: (a) A management plan or agreement
exists that specified the management actions being implemented or to be
implemented; (b) there is a timely schedule for implementation; (c)
there is a high probability that the funding source(s) or other
resources necessary to implement the actions will be available; and (d)
the party(ies) have the authority and long-term commitment to implement
the management actions, as demonstrated, for example, by a legal
instrument providing enduring protection and management of the lands.
In determining whether an action is likely to be effective, we
consider whether: (a) The plan specifically addresses the management
needs, including reduction of threats to the species; (b) such actions
have been successful in the past; (c) there are provisions for
monitoring and assessment of the effectiveness of the management
actions; and (d) adaptive management principles have been incorporated
into the plan.
The Sikes Act Improvement Act of 1997 (Sikes Act) requires each
military installation that encompasses land and water suitable for the
conservation and management of natural resources to have completed, by
November 17, 2001, an Integrated Natural Resources Management Plan
(INRMP). An INRMP integrates implementation of the military mission of
the installation with stewardship of the natural resources found there.
Each INRMP includes an assessment of the ecological needs of the
installation, including needs to provide for the conservation of
species listed as threatened or endangered pursuant to the Endangered
Species Act; a statement of goals and priorities; a detailed
description of management actions to be implemented to provide for
these ecological needs; and a monitoring and adaptive management plan.
As required by Section 7 of the Act, consultation is conducted on
the development and implementation of INRMPs for installations with
listed species. We believe that military installations that have
completed and approved INRMPs which address the needs of species
generally do not meet the definition of critical habitat discussed
above, as they require no additional special management or protection.
Therefore, we do not include these areas in critical habitat
designations if they meet the following three criteria: (1) A current
INRMP must be complete and provide a benefit to the species; (2) the
plan must provide assurances that the conservation management
strategies will be implemented; and (3) the plan must provide
assurances that the conservation management strategies will be
effective, by providing for periodic monitoring and revisions as
necessary. If all of these criteria are met, then the lands covered
under the plan would not meet the definition of critical habitat.
The mission of the Naval Postgraduate School is to foster and
encourage a program of education and research in order to sustain
academic excellence. The majority of the coastal dune portion of the
Naval Postgraduate School is designated as open beach and protected
habitat zone with controlled public access, as compatible with mission
requirements for academic research and training and resource
protection.
The DON has committed to continue implementing vegetation
management and restoration activities that benefit Chorizanthe pungens
var. pungens, including removal of invasive plant species that threaten
the native vegetation community of the coastal dune portion of the
Naval Postgraduate School. In the INRMP for the Naval Postgraduate
School, the DON places a high priority on funding and implementing
these efforts. In addition, the Naval Postgraduate School will continue
its annual surveys to track the effectiveness of management actions
taken to enhance and protect the local population of C. p. var.
pungens. Since 1992, the DON and the Naval Postgraduate School have
successfully implemented actions that benefit C. p. var. pungens.
The DON funded a revegetation and rehabilitation project of the
dunes of the Naval Postgraduate School, which was implemented in 1992.
Prior to 1992, grading, compaction, introduction of fill material, and
previous landscaping activities resulted in the loss of 80 percent of
the native back dunes at the Naval Postgraduate School. Due to the
efforts of the DON and the Naval Postgraduate School, the 18-hectare
(45-acre) area has since undergone extensive native revegetation and
efforts to control invasive non-native plant species, primarily
iceplant, Bromus diandrus (ripgut brome grass ), and Ammophila arenaria
(European dune grass). Following initial eradication of these invasive
species, more than 90,000 plants of 50 native dune and coastal bluff
species, including Chorizanthe pungens var. pungens, were planted over
5 years (Cowan 1998, Navy 2001). Elimination of iceplant and ripgut
brome grass (along with increased rainfall) was noted as a factor in
the substantial increase of C. p. var. pungens plants from 1,600 plants
in 1992 to more than 100,000 plants in 1998 (Cowan 1998). In 1999,
colonies of sensitive plant species in the dunes appeared to be
thriving, and most of the invasive plant species had been eradicated or
were noted to be controlled by ongoing weeding (Greening Associates
1999). In 2001, the DON formally consulted with the Service on
potential adverse effects to C. p. var. pungens plants that may occur
during ongoing and proposed invasive plant species control and
vegetation management activities at the Naval Postgraduate School.
In 2001, the DON completed a final INRMP for the Naval Postgraduate
School. In their comments on the proposed rule, the DON requested that
the lands of the School be excluded from the Marina unit of critical
habitat because of the protections and management actions provided for
Chorizanthe pungens var. pungens as part of the INRMP. We evaluated the
INRMP and found that it meets the three criteria described above. We
excluded these lands from critical habitat under the section 3(5)(A)
definition.
Lands at former Fort Ord are not discussed in this section because
Fort Ord is no longer an active military installation. All but a few
hundred acres at former Fort Ord are to be eventually transferred to
non-military entities. The few hundred acres that the Army may retain
are not within this critical habitat designation.
Economic Analysis
Section 4(b)(2)of the Act requires us to designate critical habitat
on the basis of the best scientific and commercial information
available and to consider the economic and other relevant impacts of
designating a particular area as critical habitat. We may exclude areas
from critical habitat upon a determination that the benefits of such
exclusions outweigh the benefits of specifying such areas as critical
habitat. We cannot exclude such areas from critical habitat when such
exclusion will result in the extinction of the species concerned.
Following the publication of the proposed critical habitat
designation,
[[Page 37516]]
we conducted a draft Economic Analysis to estimate the potential
economic effect of the designation. The draft analysis was made
available for public review on September 19, 2001 (66 FR 48228). We
accepted comments on the draft analysis until October 19, 2001.
Our draft Economic Analysis evaluated the potential future effects
associated with the listing of Chorizanthe pungens var. pungens as a
threatened species under the Act, as well as any potential effect of
the critical habitat designation above and beyond those regulatory and
economic impacts associated with listing. To quantify the proportion of
total potential economic impacts attributable to the critical habitat
designation, the analysis evaluated a ``without critical habitat''
baseline and compared it to a ``with critical habitat'' scenario. The
``without critical habitat'' baseline represented the current and
expected economic activity under all modifications prior to the
critical habitat designation, including protections afforded the
species under Federal and State laws. The difference between the two
scenarios measured the net change in economic activity attributable to
the designation of critical habitat. The categories of potential costs
considered in the analysis included the costs associated with: (1)
Conducting section 7 consultations associated with the listing or with
the critical habitat, including reinitiated consultations and technical
assistance; (2) modifications to projects, activities, or land uses
resulting from the section 7 consultations; (3) uncertainty and public
perceptions resulting from the designation of critical habitat; and (4)
potential offsetting beneficial costs associated with critical habitat
including educational benefits.
Our economic analysis recognizes that there may be costs from
delays associated with reinitiating completed consultations after the
critical habitat designation is made final. There may also be economic
effects due to the reaction of the real estate market to critical
habitat designation, as real estate values may be lowered due to a
perceived increase in the regulatory burden. We believe these impacts
will be short-term, however.
Based on our draft analysis, we concluded that the designation of
critical habitat would not result in a significant economic impact, and
estimated the potential economic effects over a 10-year period would be
$400,000. Costs to Federal agencies are expected to be approximately
$150,000. Costs to State agencies are expected to be approximately
$56,000, primarily resulting from consultations and project
modifications in the Sunset, Marina, and Prunedale units. Local
agencies are not expected to be impacted by the designation of critical
habitat, principally because activities on local agency lands do not
typically have Federal involvement. Costs to private landowners are
expected to range from $170,000 to $200,000, primarily resulting from
consultations and modifications within the Moss Landing, Marina, Fort
Ord, and De Rey Oaks units. These estimates are based on the existing
consultation history with agencies in this area and increased public
awareness regarding the actual impacts of critical habitat designation
on land values.
Following the close of the comment period on the draft Economic
Analysis, a final addendum was completed which incorporated public
comments on the draft analysis. The values presented above may be an
overestimate of the potential economic effects of the designation
because the final designation has been reduced to encompass 7,620 ha
(18,829 ac) versus the 10,443 ha (25,818 ac) proposed as critical
habitat, a difference of 2,823 ha (6,989 ac).
A copy of the final economic analysis and a description of the
exclusion process with supporting documents are included in our
administrative record and may be obtained by contacting our Ventura
Fish and Wildlife Office (see ADDRESSES section).
Required Determinations
Regulatory Planning and Review
In accordance with Executive Order (EO) 12866, this is a
significant rule and was reviewed by the Office of Management and
Budget (OMB) in accordance with the four criteria discussed below.
(a) In the economic analysis, we determined that this rule will not
have an annual economic effect of $100 million or more or adversely
affect an economic sector, productivity, jobs, the environment, or
other units of government. Chorizanthe pungens var. pungens was listed
as threatened in February of 1994. Since that time we have conducted,
and will continue to conduct, formal and informal section 7
consultations with other Federal agencies to ensure that their actions
will not jeopardize the continued existence of C. p. var. pungens.
Under the Act, Federal agencies shall consult with the Service to
ensure that any action authorized, funded, or carried out by such
agency is not likely to jeopardize the continued existence of an
endangered or threatened species or result in the destruction or
adverse modification of critical habitat. The Act does not impose any
restrictions on non-Federal persons unless they are conducting
activities funded or otherwise sponsored, authorized, or permitted by a
Federal agency (see Table 2 below). Based upon our understanding of
this species and its ecological needs, we conclude that any Federal
action or authorized action that could potentially result in the
destruction or adverse modification of critical habitat would also be
considered as ``jeopardy'' under the Act in areas occupied by the
species.
Accordingly, the designation of currently occupied areas as
critical habitat is not anticipated to have any incremental impacts on
what actions may or may not be conducted by Federal agencies or non-
Federal persons that receive Federal authorization or funding beyond
the effects resulting from the listing of this species. Non-Federal
persons that do not have a Federal ``sponsorship'' in their actions are
not restricted by the designation of critical habitat. The designation
of areas as critical habitat where section 7 consultations would not
have occurred but for the critical habitat designation may have impacts
on what actions may or may not be conducted by Federal agencies or non-
Federal persons who receive Federal authorization or funding that are
not attributable to the species listing. These impacts were evaluated
in our Economic Analysis (under section 4 of the Act; see Economic
Analysis section of this rule).
[[Page 37517]]
Table 2.--Impacts of Chorizanthe pungens var. pungens Listing and
Critical Habitat Designation.
------------------------------------------------------------------------
Additional
Activities activities
potentially potentially
Categories of activities affected by species affected by
listing only critical habitat
designation \1\
------------------------------------------------------------------------
Federal Activities Potentially Activities Activities by
Affected \2\. conducted by the these Federal
Army Corps of Agencies in
Engineers, the designated areas
Department of where section 7
Housing and Urban consultations
Development, would not have
Department of occurred but for
Defense, Bureau of the critical
Land Management, habitat
Federal Aviation designation.
Authority, U.S.
Department of
Agriculture,
Environmental
Protection Agency,
Federal
Communications
Commission, and
any other Federal
Agencies.
Private or other non-Federal Activities that Funding,
Activities Potentially require a Federal authorization, or
Affected \3\. action (permit, permitting
authorization, or actions by
funding) and may Federal Agencies
remove or destroy in designated
habitat for areas where
Chorizanthe section 7
pungens var. consultations
pungens by would not have
mechanical, occurred but for
chemical, or other the critical
means or habitat
appreciably designation.
decrease habitat
value or quality
through indirect
effects (e.g.,
edge effects,
invasion of exotic
plants or animals,
fragmentation of
habitat).
------------------------------------------------------------------------
\1\ This column represents activities potentially affected by the
critical habitat designation in addition to those activities
potentially affected by listing the species.
\2\ Activities initiated by a Federal agency.
\3\ Activities initiated by a private or other non-Federal entity that
may need Federal authorization or funding.
(b) This rule will not create inconsistencies with other agencies'
actions. As discussed above, Federal agencies have been required to
ensure that their actions not jeopardize the continued existence of
Chorizanthe pungens var. pungens since its listing in 1994. We
evaluated the impact of designating areas where section 7 consultations
would not have occurred but for the critical habitat designation in our
economic analysis (see Economic Analysis section of this rule). The
prohibition against adverse modification of critical habitat is not
expected to impose any restrictions in addition to those that currently
exist on currently occupied land and will not create inconsistencies
with other agencies' actions on unoccupied lands.
(c) This final rule is not expected to materially affect
entitlements, grants, user fees, loan programs, or the rights and
obligations of their recipients. Federal agencies are currently
required to ensure that their activities do not jeopardize the
continued existence of the species, and as discussed above, we do not
anticipate that the adverse modification analysis (resulting from
critical habitat designation) will have any incremental effects.
(d) OMB has determined that this rule raises novel and legal or
policy issues. Therefore, this rule is significant under E.O. 12866,
and, as a result, has undergone OMB review.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small government jurisdictions).
However, no regulatory flexibility analysis is required if the head of
an agency certifies the rule will not have a significant economic
impact on a substantial number of small entities. The SBREFA amended
the Regulatory Flexibility Act to require Federal agencies to require a
certification statement. In this rule, we are certifying that the
critical habitat designation for Chorizanthe pungens var. pungens will
not have a significant effect on a substantial number of small
entities. The following discussion explains our rationale.
Small entities include small organizations, such as independent
non-profit organizations, small governmental jurisdictions, including
school boards and city and town governments that serve fewer than
50,000 residents, as well as small businesses. Small businesses include
manufacturing and mining concerns with fewer than 500 employees,
wholesale trade entities with fewer than 100 employees, retail and
service businesses with less than $5 million in annual sales, general
and heavy construction businesses with less than $27.5 million in
annual business, special trade contractors doing less than $11.5
million in annual business, and agricultural businesses with annual
sales less than $750,000. To determine if potential economic impacts to
these small entities are significant, we consider the types of
activities that might trigger regulatory impacts under this rule as
well as the types of project modifications that may result. In general,
the term ``significant economic impact'' is meant to apply to a typical
small business firm's business operations.
To determine if the rule could significantly affect a substantial
number of small entities, we consider the number of small entities
affected within particular types of economic activities (e.g., housing
development, grazing, oil and gas production, timber harvesting). We
apply the ``substantial number'' test individually to each industry to
determine if certification is appropriate. While the SBREFA does not
explicitly define ``substantial number,'' the Small Business
Administration, as well as other federal agencies, has interpreted this
to represent an impact on 20 percent or greater of the number of small
entities in any industry. In some circumstances, especially with
critical habitat designations of limited extent, we may aggregate
across all industries and consider whether the total number of small
entities affected is substantial. In estimating the numbers of small
entities potentially affected, we also consider whether their
activities have any Federal involvement.
Designation of critical habitat only affects activities conducted,
funded, or permitted by Federal agencies. Some kinds of activities are
unlikely to have any Federal involvement and so will not be affected by
critical habitat designation. In areas where the species is present,
Federal agencies already are required to consult with us under section
7 of the Act on activities that they fund, permit, or implement that
may affect Chorizanthe pungens var. pungens. Federal agencies also must
consult with us if their activities may affect critical habitat.
Designation of critical habitat therefore, could result in an
additional economic impact on small entities due to the requirement to
reinitiate consultation for ongoing
[[Page 37518]]
Federal activities. Since C. p. var. pungens was proposed for listing
we have conducted approximately four formal consultations.
In the Economic Analysis, we found that the proposed designation
could potentially impose total economic costs for consultations and
modifications to projects within proposed critical habitat for
Chorizanthe pungens var. pungens on privately owned land to be in a
range from $170,000 to $200,000 over a 10 year period. The analysis
estimated that private landowners will likely incur costs of $70,000 in
Unit C (Moss Landing), $56,000 in Unit D (Marina), $30,000 to $60,000
in Unit I (Fort Ord), and $14,000 in Unit J (Del Ray Oaks).
For the final designation, the Service has elected to exclude from
critical habitat all lands within the boundaries of former Fort Ord
that have been explicitly designated for development without additional
resource conservation measures. Therefore, any projects on these lands
will not be subject to any consultations as a result of critical
habitat designation for the Chorizanthe pungens var. pungens, unless a
Federal action is involved that requires consultation because it may
affect critical habitat (for example, if the action may affect critical
habitat is nearby). Lands within former Fort Ord that have been
designated for development with reserves, but are not explicitly slated
for development in the immediate future, are included in the final
designation. These lands may be subject to additional consultations in
the future. The original estimates of the draft EA apply to these
lands, as two to four consultations may be necessary in the future to
address any development as it occurs (please see the draft EA for
further discussion).
Our draft Economic Analysis found that residential and commercial
development on private land constitutes the primary activity that is
likely to take place within the area designated as critical habitat for
the Monterey spineflower. To be conservative (i.e., more likely
overstate impacts than understate them), the Economic Analysis assumed
that all potentially affected parties that may be engaged in
development activities within critical habitat are small entities.
There are approximately 65 small residential development and
construction companies in Santa Cruz and Monterey counties. Because the
draft EA estimates that at most 22 formal consultations could arise
involving private entities, the analysis for impacts on small
businesses assumes that at most 22 residential/small business entities
may be affected the designation of critical habitat for Chorizanthe
pungens var. pungens in Monterey and Santa Cruz counties over a ten
year period.
On average, over the ten year period of analysis, in each year
there could be 2 to 3 consultations for real estate development
projects. Assuming each consultation involves a different small
business, approximately 2 to 4 percent of the total number of small
residential development and construction companies could be affected
annually by the designation of critical habitat for Chorizanthe pungens
var. pungens. Because the percentage of small businesses that could be
affected by this designation is far less than the 20 percent threshold
that would be considered ``substantial,'' the economic analysis
concludes that this designation will not affect a substantial number of
small entities as a result of the designation of critical habitat for
C. p. var. pungens.
In general, two different mechanisms in section 7 consultations
could lead to additional regulatory requirements for the two to three
small businesses, on average, that may be required to consult with us
each year regarding their project's impact on Chorizanthe pungens var.
pungens and its habitat. First, if we conclude, in a biological
opinion, that a proposed action is likely to jeopardize the continued
existence of a species or adversely modify its critical habitat, we can
offer ``reasonable and prudent alternatives.'' Reasonable and prudent
alternatives are alternative actions that can be implemented in a
manner consistent with the scope of the Federal agency's legal
authority and jurisdiction, that are economically and technologically
feasible, and that would avoid jeopardizing the continued existence of
listed species or resulting in adverse modification of critical
habitat. A Federal agency and an applicant may elect to implement a
reasonable and prudent alternative associated with a biological opinion
that has found jeopardy or adverse modification of critical habitat. An
agency or applicant could alternatively choose to seek an exemption
from the requirements of the Act or proceed without implementing the
reasonable and prudent alternative. However, unless an exemption were
obtained, the Federal agency or applicant would be at risk of violating
section 7(a)(2) of the Act if it chose to proceed without implementing
the reasonable and prudent alternatives. Secondly, if we find that a
proposed action is not likely to jeopardize the continued existence of
a listed animal species, we may identify reasonable and prudent
measures designed to minimize the amount or extent of take and require
the Federal agency or applicant to implement such measures through non-
discretionary terms and conditions. We may also identify discretionary
conservation recommendations designed to minimize or avoid the adverse
effects of a proposed action on listed species or critical habitat,
help implement recovery plans, or to develop information that could
contribute to the recovery of the species.
Based on our experience with consultations pursuant to section 7 of
the Act for all listed species, virtually all projects--including those
that, in their initial proposed form, would result in jeopardy or
adverse modification determinations in section 7 consultations--can be
implemented successfully with, at most, the adoption of reasonable and
prudent alternatives. These measures, by definition, must be
economically feasible and within the scope of authority of the Federal
agency involved in the consultation. As we have a very limited
consultation history for Chorizanthe pungens var. pungens, with no
consultations that resulted in a jeopardy determination and so no
identified reasonable and prudent alternatives, we can only describe
the general kinds of actions that may be identified in future
reasonable and prudent alternatives. These are based on our
understanding of the needs of the species and the threats it faces, as
described in the final listing rule and this critical habitat
designation.
It is likely that a developer could modify a project or take
measures to protect Chorizanthe pungens var. pungens. Based on the
types of modifications and measures that have been implemented in the
past for plant species, a developer may take such steps as installing
fencing or re-aligning the project to avoid sensitive areas. The cost
for implementing these measures for one project is expected to be of
the same order of magnitude as the total cost of the consultation
process, i.e., approximately $10,000. It should be noted that
developers likely would already be required to undertake such measures
due to regulations in the California Environmental Quality Act (CEQA).
These measures are not likely to result in a significant economic
impact to project proponents.
As required under section 4(b)(2) of the Act, we conducted an
analysis of the potential economic impacts of this critical habitat
designation, and that analysis was made available for public review and
comment before finalization of this designation. Based on estimates
provided in the economic analysis, the potential economic impact of
critical habitat designation for Chorizanthe
[[Page 37519]]
pungens var. pungens over the next 10 years is about $400,000. Out of
this about one-half, $200,000, could potentially be borne by the
private sector. On an annual basis, this amounts to about $20,000,
which would not normally be considered a significant cost in the
context of multi-acre real estate development projects that would most
likely be affected by this designation as indicated in the economic
analysis. Furthermore, due to the changes being made in the final rule
regarding the designation of private lands, the actual impact of
critical habitat designation on private landowners will be less than
that estimated in the economic analysis.
In summary, we have considered whether this rule would result in a
significant economic effect on a substantial number of small entities.
We have determined, for the above reasons, that it will not affect a
substantial number of small entities. Furthermore, we believe that the
potential compliance costs for the number of small entities that may be
affected by this rule will not be significant. Therefore, we are
certifying that the designation of critical habitat for Chorizanthe
pungens var. pungens will not have a significant economic impact on a
substantial number of small entities. A regulatory flexibility analysis
is not required.
Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2))
In the economic analysis, we determined whether designation of
critical habitat would cause (a) any effect on the economy of $100
million or more, (b) any increases in costs or prices for consumers,
individual industries, Federal, State, or local government agencies, or
geographic regions, or (c) any significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. Refer to the final economic analysis for a discussion of
the effects of this determination.
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.):
(a) This rule will not ``significantly or uniquely'' affect small
governments. A Small Government Agency Plan is not required. Small
governments will be affected only to the extent that they must ensure
that any programs involving Federal funds, permits, or other authorized
activities must ensure that their actions will not adversely affect the
critical habitat.
(b) This rule will not produce a Federal mandate of $100 million or
greater in any year, that is, it is not a ``significant regulatory
action'' under the Unfunded Mandates Reform Act. The designation of
critical habitat imposes no obligations on State or local governments.
Executive Order 13211
On May 18, 2001, the President issued a Executive Order 13211 on
regulations that significantly affect energy supply, distribution, and
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. Although this rule is
a significant regulatory action under Executive Order 12866, it is not
expected to significantly affect energy supplies, distribution, or use.
In our Economic Analysis, we did not identify energy production or
distribution as being affected by this designation, and we received no
comments indicating that the proposed designation could significantly
affect energy supplies, distribution, or use. Therefore, this action is
not a significant energy action and no Statement of Energy Effects is
required.
Takings
In accordance with Executive Order 12630 (``Government Actions and
Interference with Constitutionally Protected Private Property
Rights''), we have analyzed the potential takings implications of
designating critical habitat for Chorizanthe pungens var. pungens in a
takings implication assessment. The takings implications assessment
concludes that this final rule does not pose significant takings
implications.
Federalism
In accordance with Executive Order 13132, the rule does not have
significant Federalism effects. A Federalism assessment is not
required. As discussed above, the designation of critical habitat in
areas currently occupied by Chorizanthe pungens var. pungens would have
little incremental impact on State and local governments and their
activities. The designations may have some benefit to these governments
in that the areas essential to the conservation of these species are
more clearly defined, and the primary constituent elements of the
habitat necessary to the survival of the species are identified. While
making this definition and identification does not alter where and what
federally sponsored activities may occur, it may assist these local
governments in long range planning, rather than waiting for case-by-
case section 7 consultation to occur.
Civil Justice Reform
In accordance with Executive Order 12988, the Department of the
Interior's Office of the Solicitor has determined that this rule does
not unduly burden the judicial system and meets the requirements of
sections 3(a) and 3(b)(2) of the Order. We have designated critical
habitat in accordance with the provisions of the Endangered Species
Act, as amended. The rule uses standard property descriptions and
identifies the primary constituent elements within the designated areas
to assist the public in understanding the habitat needs of Chorizanthe
pungens var. pungens.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not contain any information collection requirements
for which Office of Management and Budget approval under the Paperwork
Reduction Act is required. An agency may not conduct or sponsor, and a
person is not required to respond to, a collection of information
unless it displays a valid OMB Control Number.
National Environmental Policy Act
We have determined that an Environmental Assessment and/or an
Environmental Impact Statement as defined by the National Environmental
Policy Act of 1969 need not be prepared in connection with regulations
adopted pursuant to section 4(a) of the Endangered Species Act, as
amended. A notice outlining our reason for this determination was
published in the Federal Register on October 25, 1983 (48 FR 49244).
This determination does not constitute a major federal action
significantly affecting the quality of the human environment.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations With Native American Tribal
Governments'' (59 FR 22951), Executive Order 13175, and the Department
of 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. The designated critical
habitat for Chorizanthe pungens var. pungens does not contain any
Tribal lands or lands that we have identified as impacting Tribal trust
resources.
[[Page 37520]]
References Cited
A complete list of all references cited herein, as well as others,
is available upon request from the Ventura Fish and Wildlife Office
(see ADDRESSES section).
Author
The authors of this final rule are Constance Rutherford and Diane
Pratt, Ventura Fish and Wildlife Office (See ADDRESSES section).
List of Subjects in 50 CFR part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the Code of Federal Regulations, as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.
2. In [sect]
17.12(h) revise the entry for Chorizanthe pungens var.
pungens under ``FLOWERING PLANTS'' in the List of Endangered and
Threatened Plants to read as follows:
[sect]
17.12 Endangered and threatened plants.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
------------------------------------------------ Historic range Family Status When listed Critical Special rules
Scientific name Common name habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants
* * * * * * *
Chorizanthe pungens var. Monterey U.S.A. (CA)..... Polygonaceae-- T............... 528............ 17.96(a)....... NA
pungens. Spineflower. Buckwheat.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. Amend In [sect]
17.96(a) by adding critical habitat for the
Monterey spineflower (Chorizanthe pungens var. pungens) in alphabetical
order under Family Polygonaceae to read as follows:
[sect]
17.96 Critical habitat--plants.
(a) * * *
Family Polygonaceae: Chorizanthe pungens var. pungens (Monterey
spineflower)
(1) Critical habitat units are depicted for Santa Cruz and Monterey
Counties, California, on the maps below.
(2) The primary constituent elements of critical habitat for
Chorizanthe pungens var. pungens are the habitat components that
provide:
(i) Sandy soils associated with active coastal dunes, coastal
bluffs with a deposition of windblown sand, inland sites with sandy
soils, and interior floodplain dunes;
(ii) Plant communities that support associated species, including
coastal dune, coastal scrub, grassland, maritime chaparral, oak
woodland, and interior floodplain dune communities, and have a
structure such that there are openings between the dominant elements
(e.g., scrub, shrub, oak trees, clumps of herbaceous vegetation);
(iii) No or little cover by nonnative species which would compete
for resources available for growth and reproduction of Chorizanthe
pungens var. pungens; and
(iv) Physical processes, such as occasional soil disturbance, that
support natural dune dynamics along coastal areas.
(3) Critical habitat does not include existing features and
structures, such as buildings, roads, aqueducts, railroads, airports,
other paved areas, lawns, and other urban landscaped areas not
containing one or more of the primary constituent elements.
Critical Habitat Map Units
Data layers defining map units were mapped using Universal
Transverse Mercator (UTM) coordinates.
(4) Index Map Follows
BILLING CODE 4310-55-P
[[Page 37521]]
[GRAPHIC]
[TIFF OMITTED]
TR29MY02.000
[[Page 37522]]
(5) Unit A: Sunset Unit.
(i) Santa Cruz County, California. From USGS 1:24,000 quadrangle
map Watsonville West, lands bounded by the following UTM zone 10 NAD83
coordinates (E,N): 603772, 4083610; 603885, 4083680; 603931, 4083700;
604008, 4083560; 604053, 4083490; 604059, 4083450; 604054, 4083420;
604045, 4083380; 604045, 4083350; 604080, 4083290; 604092, 4083270;
604102, 4083220; 604103, 4083180; 604109, 4083160; 604122, 4083150;
604149, 4083140; 604176, 4083120; 604202, 4083090; 604224, 4083060;
604243, 4083040; 604256, 4083020; 604279, 4083000; 604303, 4082980;
604328, 4082960; 604349, 4082920; 604373, 4082840; 604386, 4082800;
604412, 4082710; 604424, 4082670; 604425, 4082640; 604425, 4082610;
604426, 4082580; 604443, 4082530; 604449, 4082510; 604457, 4082490;
604460, 4082470; 604480, 4082440; 604492, 4082430; 604504, 4082400;
604512, 4082350; 604530, 4082300; 604546, 4082260; 604547, 4082250;
604536, 4082200; 604688, 4081900; 604847, 4081650; 604743, 4081650;
604613, 4081900; 604539, 4082040; 604449, 4082220; 604338, 4082450;
604258, 4082580; 604205, 4082690; 604132, 4082830; 604076, 4082910;
603987, 4083070; 603871, 4083280; 603804, 4083400; 603755, 4083480;
603700, 4083580; 603772, 4083610.
(ii) Map Unit A follows:
[[Page 37523]]
[GRAPHIC]
[TIFF OMITTED]
TR29MY02.001
(6) Unit B: Moss Landing Unit. Monterey County, California.
(i) From USGS 1:24,000 quadrangle map Moss Landing, lands bounded
by the following UTM zone 10 NAD83 coordinates (E,N): 608197, 4072970;
[[Page 37524]]
608305, 4072940; 608361, 4072820; 608468, 4072510; 608077, 4072480;
608070, 4072540; 608067, 4072620; 608090, 4072700; 608121, 4072800;
608163, 4072870; 608184, 4072900; 608193, 4072950; 608195, 4072970;
608197, 4072970.
608089, 4073400; 608023, 4073250; 607963, 4073120; 607937, 4073090;
607914, 4073020; 607895, 4072920; 607866, 4072860; 607858, 4072820;
607818, 4072630; 607783, 4072470; 607787, 4072360; 607718, 4072180;
607663, 4071930; 607624, 4071730; 607616, 4071620; 607625, 4071340;
607619, 4071290; 607625, 4071220; 607605, 4071170; 607597, 4071140;
607592, 4071100; 607574, 4071040; 607576, 4071020; 607601, 4071010;
607646, 4071000; 607672, 4070970; 607692, 4070940; 607656, 4070840;
607654, 4070820; 607679, 4070780; 607679, 4070750; 607677, 4070720;
607684, 4070700; 607710, 4070670; 607733, 4070590; 607745, 4070550;
607696, 4070510; 607748, 4070450; 607742, 4070410; 607719, 4070370;
607607, 4070320; 607557, 4070300; 607535, 4070280; 607537, 4070230;
607574, 4070150; 607574, 4070130; 607561, 4070120; 607552, 4070110;
607554, 4070100; 607566, 4070080; 607572, 4070050; 607545, 4070020;
607521, 4070010; 607512, 4070000; 607504, 4069980; 607463, 4069770;
607435, 4069720; 607418, 4069670; 607402, 4069610; 607338, 4069610;
607338, 4069360; 607333, 4069350; 607322, 4069320; 607316, 4069290;
607313, 4069280; 607314, 4069270; 607317, 4069260; 607316, 4069240;
607314, 4069210; 607298, 4069170; 607287, 4069160; 607282, 4069140;
607283, 4069120; 607278, 4069110; 607268, 4069100; 607254, 4069090;
607219, 4069090; 607198, 4069020; 607178, 4068970; 607175, 4068850;
607161, 4068800; 607131, 4068770; 607135, 4068750; 607177, 4068720;
607191, 4068690; 607189, 4068650; 607175, 4068620; 607164, 4068610;
607130, 4068620; 607100, 4068630; 607045, 4068660; 607022, 4068650;
607002, 4068620; 606988, 4068540; 606945, 4068540; 606932, 4068590;
606920, 4068600; 606901, 4068600; 606893, 4068580; 606886, 4068540;
606828, 4068540; 606852, 4068630; 606870, 4068710; 606900, 4068790;
606931, 4068860; 606992, 4069040; 607031, 4069240; 607093, 4069730;
607101, 4069810; 607111, 4069870; 607152, 4070020; 607180, 4070130;
607212, 4070210; 607230, 4070260; 607233, 4070300; 607228, 4070370;
607262, 4070540; 607310, 4070740; 607328, 4070900; 607348, 4071020;
607384, 4071160; 607406, 4071270; 607464, 4071520; 607513, 4071710;
607592, 4072020; 607717, 4072510; 607772, 4072780; 607849, 4073030;
608016, 4073440; 608089, 4073400.
607999, 4074280; 607936, 4074600; 607872, 4074870; 607801, 4075110;
607725, 4075270; 607602, 4075450; 607505, 4075620; 607438, 4075770;
607271, 4076050; 607174, 4076270; 607109, 4076400; 607008, 4076690;
606898, 4076960; 606803, 4077230; 606731, 4077410; 606659, 4077580;
606604, 4077760; 606561, 4077910; 606502, 4078050; 606450, 4078190;
606396, 4078350; 606352, 4078460; 606325, 4078610; 606354, 4078780;
606487, 4078780; 606514, 4078680; 606549, 4078580; 606679, 4078020;
606827, 4077460; 606860, 4077390; 606863, 4077370; 606841, 4077340;
606846, 4077330; 606856, 4077320; 606883, 4077320; 606936, 4077240;
607001, 4076990; 607221, 4076530; 607207, 4076520; 607206, 4076510;
607216, 4076490; 607238, 4076470; 607272, 4076420; 607272, 4076390;
607298, 4076370; 607309, 4076360; 607302, 4076350; 607290, 4076320;
607281, 4076290; 607281, 4076270; 607363, 4076210; 607402, 4076180;
607386, 4076150; 607385, 4076140; 607405, 4076130; 607447, 4076140;
607463, 4076130; 607474, 4076100; 607446, 4076090; 607459, 4076070;
607468, 4076050; 607462, 4076030; 607463, 4076010; 607478, 4075950;
607520, 4075920; 607562, 4075870; 607571, 4075830; 607568, 4075800;
607574, 4075780; 607613, 4075750; 607633, 4075680; 607659, 4075650;
607659, 4075640; 607650, 4075630; 607631, 4075620; 607636, 4075580;
607597, 4075560; 607653, 4075490; 607690, 4075440; 607760, 4075370;
607796, 4075330; 607827, 4075300; 607872, 4075190; 607912, 4075110;
607947, 4074930; 607954, 4074720; 608021, 4074540; 608040, 4074460;
608058, 4074340; 607999, 4074280.
608270, 4075240; 608277, 4075190; 608287, 4075040; 608298, 4074910;
608201, 4074910; 608209, 4074930; 608218, 4074930; 608216, 4074950;
608225, 4074970; 608224, 4074980; 608218, 4074990; 608210, 4075010;
608205, 4075030; 608207, 4075070; 608212, 4075140; 608201, 4075210;
608195, 4075230; 608270, 4075240.
(ii) Map Unit B follows.
[[Page 37525]]
[GRAPHIC]
[TIFF OMITTED]
TR29MY02.002
(7) Unit C: Marina Unit. Monterey County, California
(i) From USGS 1:24,000 quadrangle maps Marina and Seaside, lands
bounded by the following UTM zone 10 NAD83 coordinates (E,N): 606623,
[[Page 37526]]
4066060; 606685, 4066120; 606740, 4066150; 606840, 4066180; 606929,
4066210; 606953, 4066170; 606872, 4066140; 606843, 4066090; 606826,
4066070; 606821, 4066050; 606832, 4066030; 606860, 4066040; 606932,
4066060; 606996, 4066060; 607007, 4066010; 606975, 4065980; 607007,
4065920; 607031, 4065890; 607075, 4065860; 607120, 4065830; 607161,
4065710; 607174, 4065610; 607212, 4065570; 607269, 4065520; 607313,
4065340; 607326, 4065280; 607368, 4065180; 607374, 4065150; 607380,
4065110; 607368, 4065080; 607348, 4065070; 607318, 4065060; 607293,
4065030; 607304, 4064990; 607299, 4064960; 607287, 4064930; 607246,
4064920; 607225, 4064900; 607205, 4064880; 607184, 4064840; 607179,
4064820; 607181, 4064800; 607208, 4064770; 607227, 4064740; 607260,
4064740; 607286, 4064720; 607292, 4064700; 607286, 4064680; 607249,
4064660; 607232, 4064620; 607238, 4064590; 607274, 4064550; 607281,
4064540; 607294, 4064500; 607290, 4064460; 607289, 4064430; 607300,
4064410; 607301, 4064380; 607287, 4064360; 607279, 4064350; 607295,
4064280; 607293, 4064270; 607266, 4064200; 607240, 4064150; 607215,
4064010; 607213, 4063970; 607202, 4063910; 607164, 4063590; 607234,
4063570; 607298, 4063560; 607401, 4063570; 607397, 4063420; 607137,
4062840; 607089, 4062730; 607053, 4062640; 606957, 4062670; 606681,
4062190; 606671, 4062130; 606572, 4061990; 606653, 4061940; 606642,
4061780; 606595, 4061610; 606497, 4061370; 606456, 4061250; 606413,
4061090; 606388, 4060900; 606384, 4060750; 606390, 4060630; 606431,
4060410; 606349, 4060380; 606397, 4060190; 606398, 4060150; 606392,
4060110; 606370, 4060070; 606443, 4060020; 606446, 4059960; 606490,
4059930; 606225, 4059380; 606149, 4059230; 606099, 4059150; 606046,
4059050; 605974, 4058940; 605942, 4058880; 605907, 4058790; 605865,
4058670; 605824, 4058530; 605779, 4058390; 605739, 4058410; 605709,
4058350; 605679, 4058360; 605597, 4058300; 605587, 4058210; 605728,
4058160; 605683, 4058030; 605674, 4057900; 605679, 4057760; 605681,
4057670; 605667, 4057540; 605662, 4057410; 605671, 4057320; 605690,
4057220; 605712, 4057150; 605763, 4057020; 605768, 4056980; 605756,
4056940; 605731, 4056910; 605601, 4056830; 605457, 4056770; 605429,
4056740; 605335, 4056560; 605360, 4056450; 605361, 4056420; 605356,
4056390; 605232, 4056160; 605223, 4056120; 605212, 4056090; 605153,
4056050; 604951, 4055890; 604786, 4055710; 604498, 4055350; 604397,
4055200; 604345, 4055090; 604323, 4055020; 604293, 4054950; 604254,
4054900; 604077, 4054660; 604008, 4054570; 603934, 4054470; 603914,
4054400; 603758, 4054200; 603736, 4054150; 603698, 4054070; 603648,
4053990; 603594, 4053910; 603545, 4053860; 603543, 4053710; 603498,
4053700; 603401, 4053660; 603364, 4053640; 603320, 4053600; 603335,
4053580; 603290, 4053540; 603222, 4053420; 603152, 4053260; 603158,
4053210; 603102, 4053060; 603149, 4052990; 603150, 4052980; 603147,
4052960; 603096, 4052990; 603056, 4052910; 603119, 4052890; 603105,
4052840; 603074, 4052850; 603067, 4052850; 603003, 4052800; 603039,
4052740; 603049, 4052710; 603024, 4052700; 602999, 4052730; 602963,
4052720; 602914, 4052830; 602871, 4052850; 602845, 4052860; 602780,
4052760; 602806, 4052750; 602770, 4052660; 602671, 4052640; 602659,
4052690; 602611, 4052730; 602425, 4052530; 602326, 4052440; 602248,
4052390; 602163, 4052350; 602134, 4052330; 602131, 4052280; 602065,
4052230; 602006, 4052170; 601945, 4052080; 601903, 4052010; 601880,
4051960; 601861, 4051890; 601842, 4051810; 601833, 4051730; 601832,
4051700; 601826, 4051670; 601818, 4051630; 601800, 4051600; 601772,
4051570; 601736, 4051550; 601632, 4051500; 601544, 4051450; 601498,
4051530; 601380, 4051790; 601263, 4051720; 601295, 4051660; 601075,
4051550; 601119, 4051460; 601083, 4051440; 601110, 4051380; 601022,
4051340; 601052, 4051270; 601127, 4051300; 601153, 4051260; 601146,
4051250; 601164, 4051210; 601133, 4051180; 601087, 4051180; 601052,
4051180; 600882, 4051530; 601085, 4051640; 601525, 4051960; 602083,
4052410; 602477, 4052860; 602681, 4053110; 602837, 4053320; 603008,
4053530; 603222, 4053820; 603487, 4054230; 603693, 4054580; 603944,
4055020; 604173, 4055500; 604253, 4055650; 604429, 4056020; 604655,
4056510; 604819, 4056880; 605042, 4057450; 605354, 4058250; 605467,
4058540; 605565, 4058850; 605709, 4059360; 605837, 4059750; 605918,
4060030; 605986, 4060400; 606155, 4061060; 606243, 4061540; 606282,
4061740; 606323, 4062140; 606374, 4062470; 606411, 4062640; 606421,
4062850; 606470, 4063150; 606518, 4063360; 606541, 4063510; 606538,
4063630; 606570, 4063740; 606614, 4064230; 606601, 4064690; 606602,
4065090; 606621, 4065500; 606623, 4066060.
(ii) Excluding lands bounded by: 604634, 4056280; 604620, 4056260;
604616, 4056260; 604611, 4056230; 604611, 4056230; 604612, 4056220;
604618, 4056210; 604626, 4056200; 604632, 4056190; 604633, 4056180;
604631, 4056170; 604626, 4056160; 604616, 4056150; 604608, 4056140;
604603, 4056130; 604601, 4056120; 604602, 4056100; 604603, 4056090;
604599, 4056080; 604593, 4056080; 604579, 4056080; 604571, 4056080;
604559, 4056080; 604539, 4056090; 604530, 4056090; 604523, 4056090;
604516, 4056080; 604514, 4056070; 604514, 4056070; 604519, 4056050;
604526, 4056030; 604528, 4056010; 604526, 4056010; 604522, 4056000;
604517, 4055990; 604501, 4055980; 604491, 4055980; 604479, 4055970;
604467, 4055960; 604459, 4055940; 604456, 4055930; 604450, 4055920;
604443, 4055910; 604423, 4055890; 604420, 4055880; 604422, 4055870;
604427, 4055850; 604438, 4055850; 604451, 4055850; 604473, 4055860;
604484, 4055860; 604498, 4055870; 604510, 4055890; 604524, 4055910;
604537, 4055920; 604560, 4055940; 604578, 4055950; 604613, 4055970;
604651, 4056000; 604697, 4056070; 604723, 4056120; 604729, 4056140;
604733, 4056160; 604736, 4056180; 604730, 4056240; 604724, 4056270;
604710, 4056290; 604702, 4056300; 604676, 4056300; 604653, 4056300;
604634, 4056280.
(iii) Map Unit C follows.
[[Page 37527]]
[GRAPHIC]
[TIFF OMITTED]
TR29MY02.003
(8) Unit D: Asilomar Unit. Monterey County, California.
(i) From USGS 1:24,000 quadrangle map Monterey, lands bounded by
the following UTM zone 10 NAD83 coordinates (E,N): 594965, 4054010;
[[Page 37528]]
595058, 4053990; 595108, 4054000; 595134, 4054000; 595161, 4054010;
595209, 4054010; 595169, 4053780; 595109, 4053660; 595094, 4053520;
595130, 4053330; 595156, 4053180; 595123, 4053070; 595110, 4053000;
595124, 4052910; 595121, 4052820; 595106, 4052820; 595073, 4052820;
595052, 4052830; 595053, 4052780; 595092, 4052740; 595058, 4052680;
595056, 4052670; 595044, 4052670; 595037, 4052670; 595025, 4052670;
595018, 4052670; 595009, 4052670; 594992, 4052680; 594980, 4052690;
594972, 4052690; 594959, 4052690; 594945, 4052690; 594937, 4052700;
594919, 4052710; 594910, 4052730; 594890, 4052750; 594850, 4052730;
594804, 4052680; 594791, 4052660; 594784, 4052650; 594773, 4052630;
594792, 4052590; 594811, 4052550; 594694, 4052540; 594526, 4052550;
594534, 4052510; 594523, 4052450; 594524, 4052440; 594509, 4052430;
594504, 4052420; 594498, 4052390; 594501, 4052370; 594514, 4052340;
594541, 4052320; 594555, 4052270; 594635, 4052140; 594632, 4052050;
594582, 4051940; 594530, 4051900; 594505, 4051850; 594455, 4051780;
594397, 4051730; 594293, 4051610; 594279, 4051580; 594283, 4051540;
594293, 4051500; 594310, 4051460; 594308, 4051430; 594279, 4051420;
594177, 4051500; 594123, 4051570; 594062, 4051570; 593904, 4051550;
593762, 4051690; 593643, 4051860; 593651, 4051950; 593714, 4051950;
593821, 4051970; 593939, 4052020; 594032, 4052080; 594113, 4052160;
594152, 4052220; 594236, 4052480; 594251, 4052600; 594348, 4052640;
594497, 4052770; 594662, 4053030; 594680, 4053080; 594680, 4053140;
594667, 4053170; 594658, 4053250; 594618, 4053310; 594619, 4053330;
594673, 4053460; 594648, 4053560; 594648, 4053580; 594655, 4053600;
594727, 4053640; 594734, 4053640; 594740, 4053670; 594751, 4053690;
594765, 4053700; 594763, 4053750; 594755, 4053770; 594750, 4053790;
594766, 4053800; 594788, 4053800; 594800, 4053810; 594811, 4053820;
594817, 4053850; 594813, 4053880; 594795, 4053910; 594788, 4053930;
594776, 4053950; 594778, 4053960; 594784, 4053980; 594798, 4054000;
594807, 4054010; 594822, 4054020; 594862, 4054000; 594883, 4054000;
594906, 4054000; 594928, 4054010; 594949, 4054040; 594950, 4054060;
594944, 4054110; 594952, 4054170; 594968, 4054190; 594979, 4054240;
594977, 4054290; 594972, 4054310; 595001, 4054350; 594980, 4054390;
594962, 4054440; 594960, 4054480; 594946, 4054510; 594953, 4054540;
594944, 4054560; 594905, 4054620; 595068, 4054580; 595069, 4054560;
595069, 4054480; 595048, 4054460; 595028, 4054430; 595022, 4054380;
595028, 4054350; 595032, 4054330; 595029, 4054290; 594965, 4054010.
(ii) Map Unit D follows.
[[Page 37529]]
[GRAPHIC]
[TIFF OMITTED]
TR29MY02.004
[[Page 37530]]
(9) Unit E: Freedom Boulevard Unit. Santa Cruz County, California.
(i) From USGS 1:24,000 quadrangle map Watsonville West, lands
bounded by the following UTM zone 10 NAD83 coordinates (E,N): 601095,
4093430; 601117, 4093530; 601180, 4093690; 601315, 4093840; 601452,
4093950; 601490, 4094270; 601612, 4094230; 601623, 4094260; 601689,
4094260; 601755, 4094270; 601845, 4094270; 601848, 4094180; 601789,
4094180; 601789, 4094210; 601740, 4094210; 601735, 4093980; 601871,
4093970; 602214, 4093960; 602341, 4093960; 602500, 4093980; 602626,
4094000; 602637, 4093460; 601095, 4093430.
(ii) Map Unit E follows.
[[Page 37531]]
[GRAPHIC]
[TIFF OMITTED]
TR29MY02.005
(10) Unit F: Bel Mar unit. Santa Cruz County, California.
(i) From USGS 1:24,000 quadrangle map Watsonville West, lands
bounded by the following UTM zone 10 NAD83 coordinates (E,N): 602688,
4089780;
[[Page 37532]]
602766, 4089690; 602836, 4089680; 602858, 4089690; 602855, 4089770;
602944, 4089760; 602971, 4089740; 602991, 4089730; 603014, 4089730;
603059, 4089720; 603114, 4089710; 603129, 4089700; 603130, 4089600;
603154, 4089600; 603177, 4089630; 603201, 4089690; 603236, 4089670;
603292, 4089680; 603373, 4089660; 603481, 4089550; 603476, 4088970;
603457, 4088980; 603120, 4089220; 602693, 4089570; 602688, 4089780.
(ii) Map Unit F follows.
[[Page 37533]]
[GRAPHIC]
[TIFF OMITTED]
TR29MY02.006
[[Page 37534]]
(11) Unit G: Prunedale Unit. Monterey County, California. From USGS
7.5' quadrangle map Prunedale, California.
(i) From USGS 1:24,000 quadrangle map Prunedale, lands bounded by
the following UTM zone 10 NAD83 coordinates (E,N). Western portion:
618343, 4074370; 618464, 4074420; 618606, 4074310; 618731, 4074180;
618828, 4074060; 618863, 4073950; 618915, 4073840; 618988, 4073730;
618993, 4073540; 618770, 4073470; 618751, 4073250; 618562, 4073110;
618572, 4072940; 618441, 4072930; 618443, 4072790; 618391, 4072780;
618346, 4072790; 618096, 4072780; 617914, 4072790; 617680, 4072780;
617591, 4072770; 616784, 4072740; 616781, 4072840; 616855, 4072890;
616906, 4072970; 616780, 4073090; 616783, 4073170; 616796, 4073480;
616951, 4073470; 617265, 4073640; 617366, 4073630; 617373, 4073410;
617490, 4073370; 617670, 4073350; 617722, 4073410; 617785, 4073420;
617979, 4073420; 618035, 4073600; 618057, 4073760; 618132, 4073840;
618119, 4073960; 618076, 4074170; 618162, 4074290; 618279, 4074360;
618343, 4074370.
(ii) Eastern Portion: 619646, 4070100; 619725, 4069980; 619688,
4069950; 619448, 4070010; 619226, 4069890; 619285, 4069780; 619266,
4069740; 619221, 4069550; 618942, 4069540; 618864, 4069810; 619102,
4069960; 619089, 4070090; 618943, 4070330; 619120, 4070420; 619071,
4070520; 619240, 4070570; 619422, 4070750; 619410, 4070950; 619442,
4070960; 619414, 4071320; 619402, 4071420; 618929, 4071400; 618825,
4071490; 618773, 4071490; 618871, 4072100; 618932, 4072480; 618960,
4072480; 618970, 4072520; 618989, 4072550; 619018, 4072580; 619091,
4072600; 619147, 4072610; 619263, 4072660; 619257, 4072680; 619212,
4072790; 619196, 4072830; 619158, 4072860; 619117, 4072860; 619072,
4072850; 618989, 4072850; 619011, 4073000; 619072, 4073250; 619138,
4073380; 619266, 4073530; 619365, 4073610; 619404, 4073530; 619483,
4073570; 619496, 4073510; 619614, 4073560; 619593, 4073630; 619905,
4073740; 619988, 4073780; 620028, 4073800; 620030, 4073820; 620125,
4073880; 620280, 4073980; 620392, 4074080; 620700, 4074380; 620956,
4074720; 621042, 4074860; 621284, 4075150; 621644, 4075400; 621980,
4075590; 622139, 4075460; 622413, 4075320; 622539, 4075210; 622554,
4074580; 622555, 4074040; 622576, 4072770; 622598, 4072010; 622602,
4071520; 622604, 4071130; 622618, 4069970; 622622, 4069580; 622509,
4069410; 622491, 4069430; 622428, 4069420; 622272, 4069360; 622140,
4069340; 621971, 4069380; 621770, 4069380; 621656, 4069350; 621720,
4069430; 621910, 4069460; 621983, 4069490; 622131, 4069500; 622325,
4069500; 622479, 4069550; 622386, 4069880; 622252, 4069830; 622227,
4069760; 622117, 4069660; 622063, 4069690; 622126, 4069780; 621657,
4069620; 621403, 4069520; 621423, 4069460; 621496, 4069420; 621536,
4069380; 621474, 4069380; 621404, 4069370; 621329, 4069410; 621258,
4069480; 620978, 4069380; 620900, 4069310; 620782, 4069280; 620768,
4069210; 620901, 4069030; 620986, 4069000; 621230, 4069030; 621485,
4069120; 621551, 4069140; 621693, 4069060; 621916, 4069000; 622049,
4068950; 622163, 4068890; 622089, 4068770; 620954, 4068750; 620129,
4068740; 620111, 4069100; 620598, 4069260; 620719, 4070460; 620207,
4070240; 620044, 4070200; 619538, 4070240; 619646, 4070100.
(iii) Map Unit G follows.
[[Page 37535]]
[GRAPHIC]
[TIFF OMITTED]
TR29MY02.007
(12) Unit H: Fort Ord Unit: Monterey County, California.
(i) From USGS 1:24,000 quadrangle maps Marina, Salinas, Seaside,
and Spreckels, lands bounded by the following UTM zone 10 NAD83
coordinates (E,N): 609722, 4059410; 610035, 4059230; 610010, 4059190;
[[Page 37536]]
610075, 4059110; 610137, 4059070; 610131, 4059060; 610126, 4059050;
610120, 4059040; 610115, 4059040; 610109, 4059030; 610103, 4059020;
610097, 4059020; 610091, 4059010; 610085, 4059000; 610078, 4059000;
610072, 4058990; 610066, 4058990; 609965, 4058890; 609958, 4058900;
609998, 4059020; 609961, 4059180; 609940, 4059170; 609906, 4059210;
609932, 4059260; 609797, 4059340; 609773, 4059300; 609709, 4059310;
609697, 4059330; 609722, 4059410;
610492, 4059590; 610463, 4059610; 610456, 4059610; 610450, 4059620;
610444, 4059620; 610438, 4059620; 610430, 4059620; 610420, 4059620;
610408, 4059620; 610397, 4059620; 610389, 4059620; 610380, 4059610;
610372, 4059610; 610364, 4059600; 610355, 4059600; 610331, 4059590;
610317, 4059590; 610295, 4059580; 610279, 4059580; 610267, 4059580;
610255, 4059580; 610240, 4059580; 610221, 4059590; 610211, 4059590;
610201, 4059590; 610192, 4059590; 610236, 4059660; 610244, 4059660;
610255, 4059660; 610264, 4059650; 610273, 4059650; 610283, 4059650;
610293, 4059650; 610301, 4059650; 610309, 4059650; 610379, 4059660;
610385, 4059670; 610390, 4059660; 610433, 4059730; 610429, 4059740;
610435, 4059740; 610442, 4059750; 610448, 4059760; 610465, 4059790;
610502, 4059760; 610482, 4059730; 610434, 4059650; 610504, 4059610;
610493, 4059590; 610492, 4059590.
610036, 4060090; 610141, 4060020; 610144, 4060020; 610298, 4059920;
610264, 4059870; 610164, 4059710; 610220, 4059670; 610168, 4059590;
610111, 4059620; 609932, 4059340; 609831, 4059390; 609752, 4059440;
609230, 4059740; 609322, 4059790; 609148, 4059890; 608889, 4060040;
608577, 4060210; 608008, 4060540; 608852, 4060910; 609030, 4060990;
609152, 4061050; 609181, 4061060; 609751, 4061320; 610142, 4061490;
610212, 4061410; 610383, 4061250; 610387, 4061250; 610390, 4061250;
610393, 4061240; 610396, 4061240; 610399, 4061240; 610402, 4061230;
610407, 4061220; 610410, 4061220; 610412, 4061220; 610414, 4061210;
610416, 4061210; 610418, 4061200; 610420, 4061200; 610423, 4061190;
610424, 4061180; 610425, 4061180; 610426, 4061180; 610426, 4061170;
610427, 4061170; 610427, 4061160; 610427, 4061160; 610427, 4061150;
610427, 4061150; 610426, 4061140; 610426, 4061130; 610424, 4061120;
610423, 4061120; 610422, 4061110; 610420, 4061110; 610418, 4061110;
610417, 4061100; 610415, 4061100; 610410, 4061090; 610408, 4061080;
610405, 4061080; 610403, 4061080; 610400, 4061070; 610397, 4061070;
610394, 4061060; 610391, 4061060; 610387, 4061060; 610384, 4061050;
610381, 4061050; 610377, 4061050; 610373, 4061040; 610369, 4061040;
610365, 4061040; 610361, 4061040; 610357, 4061030; 610353, 4061030;
610349, 4061030; 610344, 4061030; 610010, 4060890; 609959, 4060920;
609926, 4060870; 609694, 4061010; 609549, 4060780; 609779, 4060630;
609779, 4060630; 609762, 4060600; 609733, 4060560; 609784, 4060520;
609971, 4060410; 609899, 4060290; 609865, 4060240; 609851, 4060210;
609846, 4060210; 609910, 4060170; 610036, 4060090.
610667, 4058600; 610879, 4058750; 610967, 4058700; 611024, 4058660;
611148, 4058590; 611275, 4058520; 611431, 4058430; 611869, 4058180;
612524, 4057800; 613177, 4057430; 613176, 4057410; 613105, 4057420;
613090, 4057420; 613076, 4057420; 613048, 4057420; 613043, 4057420;
613037, 4057420; 613032, 4057420; 613026, 4057410; 613023, 4057410;
613019, 4057500; 612776, 4057490; 612780, 4057390; 612778, 4057370;
612773, 4057370; 612770, 4057370; 612767, 4057370; 612293, 4057390;
612025, 4057410; 611988, 4057410; 611952, 4057410; 611905, 4057410;
611188, 4057400; 611159, 4057400; 611113, 4057400; 611101, 4057400;
611143, 4057520; 611145, 4057520; 611448, 4057630; 611450, 4057630;
611477, 4057720; 611477, 4057720; 611406, 4057860; 611320, 4058010;
611283, 4058030; 611280, 4058030; 610816, 4058290; 610704, 4058330;
610255, 4058460; 609992, 4058540; 609750, 4058620; 609811, 4058670;
609832, 4058690; 609845, 4058700; 610060, 4058900; 610647, 4058560;
610667, 4058600.
606277, 4049560; 606275, 4049560; 606234, 4049660; 606227, 4049670;
606220, 4049690; 606213, 4049700; 606206, 4049710; 606198, 4049730;
606190, 4049740; 606182, 4049760; 606178, 4049760; 606174, 4049770;
606165, 4049780; 606157, 4049800; 606148, 4049810; 606138, 4049820;
606131, 4049830; 606129, 4049830; 606119, 4049850; 606109, 4049860;
606099, 4049870; 606089, 4049880; 606078, 4049900; 606067, 4049910;
606056, 4049920; 606045, 4049930; 606034, 4049940; 606022, 4049950;
606010, 4049960; 605997, 4049980; 605968, 4050000; 605802, 4050140;
605727, 4050210; 605715, 4050220; 605702, 4050230; 605689, 4050250;
605677, 4050260; 605665, 4050270; 605653, 4050290; 605641, 4050300;
605630, 4050310; 605619, 4050330; 605608, 4050340; 605597, 4050350;
605587, 4050370; 605577, 4050380; 605567, 4050400; 605557, 4050410;
605548, 4050430; 605539, 4050440; 605530, 4050460; 605521, 4050480;
605513, 4050490; 605505, 4050510; 605497, 4050520; 605490, 4050540;
605483, 4050560; 605476, 4050570; 605469, 4050590; 605463, 4050610;
605457, 4050620; 605451, 4050640; 605446, 4050660; 605440, 4050670;
605436, 4050690; 605431, 4050710; 605427, 4050720; 605423, 4050740;
605423, 4050740; 605416, 4050780; 605415, 4050780; 605413, 4050790;
605410, 4050810; 605408, 4050830; 605406, 4050850; 605404, 4050860;
605402, 4050880; 605401, 4050900; 605400, 4050920; 605400, 4050940;
605400, 4050950; 605400, 4050970; 605400, 4050990; 605401, 4051010;
605402, 4051020; 605403, 4051040; 605405, 4051060; 605407, 4051080;
605409, 4051100; 605411, 4051110; 605414, 4051130; 605417, 4051150;
605421, 4051170; 605425, 4051180; 605429, 4051200; 605436, 4051230;
605439, 4051240; 605563, 4051610; 605571, 4051630; 605579, 4051650;
605587, 4051680; 605594, 4051700; 605601, 4051720; 605607, 4051740;
605614, 4051760; 605619, 4051790; 605630, 4051830; 605617, 4051970;
605608, 4052120; 605607, 4052150; 605599, 4052300; 605600, 4052470;
605600, 4052490; 605601, 4052500; 605602, 4052520; 605604, 4052530;
605605, 4052550; 605607, 4052560; 605609, 4052570; 605611, 4052590;
605614, 4052600; 605616, 4052620; 605619, 4052630; 605623, 4052650;
605626, 4052660; 605630, 4052670; 605634, 4052690; 605638, 4052700;
605643, 4052720; 605647, 4052730; 605652, 4052740; 605658, 4052760;
605663, 4052770; 605669, 4052780; 605675, 4052800; 605681, 4052810;
605687, 4052820; 605694, 4052840; 605701, 4052850; 605708, 4052860;
605715, 4052880; 605723, 4052890; 605730, 4052900; 605738, 4052910;
605746, 4052920; 605755, 4052940; 605763, 4052950; 605772, 4052960;
605781, 4052970; 605790, 4052980; 605800, 4052990; 605809, 4053010;
605819, 4053020; 605829, 4053030; 605839, 4053040; 605850, 4053050;
605860, 4053060; 605871, 4053070; 605882, 4053080; 605893, 4053090;
605904, 4053100; 605923, 4053110; 605986, 4053140; 606005, 4053150;
606355, 4053290; 606368, 4053290; 606381, 4053300; 606394, 4053300;
606407, 4053310; 606419, 4053320; 606432, 4053320; 606435, 4053320;
606444, 4053330; 606456, 4053340; 606468, 4053340; 606480, 4053350;
606492, 4053360; 606504, 4053370; 606515, 4053370; 606527, 4053380;
606538, 4053390; 606549, 4053400;
[[Page 37537]]
606560, 4053410; 606571, 4053420; 606582, 4053430; 606592, 4053440;
606603, 4053450; 606613, 4053460; 606623, 4053470; 606633, 4053480;
606642, 4053490; 606652, 4053500; 606661, 4053510; 606670, 4053520;
606679, 4053530; 606688, 4053540; 606696, 4053550; 606705, 4053560;
606713, 4053570; 606721, 4053590; 606728, 4053600; 606736, 4053610;
606747, 4053630; 606752, 4053640; 606758, 4053640; 606764, 4053650;
606770, 4053660; 606776, 4053670; 606782, 4053680; 606788, 4053680;
606795, 4053690; 606801, 4053700; 606808, 4053710; 606815, 4053710;
606821, 4053720; 606828, 4053730; 606836, 4053730; 606843, 4053740;
606850, 4053750; 606858, 4053750; 606865, 4053760; 606873, 4053770;
606881, 4053770; 606889, 4053780; 606897, 4053780; 606905, 4053790;
606913, 4053790; 606922, 4053800; 606930, 4053800; 606938, 4053810;
606948, 4053810; 606976, 4053830; 607085, 4053880; 607573, 4054090;
607799, 4054190; 607893, 4054130; 608116, 4054000; 608182, 4053960;
608245, 4054000; 608546, 4054180; 608555, 4054190; 608559, 4054190;
608601, 4054200; 609123, 4054540; 609141, 4054550; 609161, 4054560;
609231, 4054600; 609257, 4054620; 609275, 4054650; 609310, 4054700;
609315, 4054720; 609316, 4054750; 609309, 4054770; 609291, 4054790;
609315, 4054810; 609366, 4054830; 609400, 4054830; 609439, 4054840;
609459, 4054850; 609477, 4054870; 609494, 4054870; 609569, 4054860;
609611, 4054850; 609698, 4054840; 609757, 4054850; 609771, 4054860;
609794, 4054900; 609816, 4054940; 609819, 4054960; 609841, 4054990;
609907, 4055030; 609927, 4055050; 609941, 4055100; 609945, 4055130;
609944, 4055150; 609925, 4055250; 609927, 4055280; 609933, 4055300;
609948, 4055310; 609966, 4055330; 610020, 4055350; 610054, 4055380;
610105, 4055440; 610141, 4055490; 610164, 4055520; 610209, 4055550;
610237, 4055570; 610278, 4055640; 610306, 4055680; 610336, 4055710;
610375, 4055740; 610387, 4055750; 610520, 4055830; 610554, 4055870;
610574, 4055900; 610634, 4056100; 610643, 4056130; 610657, 4056150;
610723, 4056180; 610773, 4056210; 610833, 4056240; 610985, 4056330;
611098, 4056390; 611132, 4056420; 611152, 4056430; 611136, 4056440;
611140, 4056450; 611127, 4056470; 611121, 4056480; 611110, 4056500;
611104, 4056510; 611101, 4056520; 611098, 4056530; 611095, 4056540;
611090, 4056560; 611087, 4056570; 611081, 4056570; 611068, 4056590;
611063, 4056600; 611058, 4056610; 611051, 4056640; 611046, 4056640;
611037, 4056650; 611030, 4056660; 611025, 4056670; 611024, 4056680;
611028, 4056690; 611032, 4056690; 611033, 4056700; 611033, 4056700;
611032, 4056710; 611028, 4056720; 611023, 4056730; 611014, 4056740;
611009, 4056750; 611006, 4056760; 611006, 4056770; 611005, 4056780;
611002, 4056790; 610999, 4056790; 610996, 4056800; 610995, 4056810;
610992, 4056820; 610993, 4056880; 611001, 4056890; 611011, 4057000;
610986, 4057080; 610970, 4057220; 611012, 4057360; 611090, 4057370;
611091, 4057370; 611116, 4057370; 611161, 4057370; 611189, 4057370;
611905, 4057380; 611933, 4057380; 611991, 4057380; 612023, 4057380;
612423, 4057360; 612442, 4057350; 612444, 4057350; 612446, 4057350;
612447, 4057350; 612449, 4057340; 612450, 4057340; 612451, 4057340;
612453, 4057340; 612455, 4057340; 612456, 4057340; 612458, 4057340;
612459, 4057330; 612461, 4057330; 612462, 4057330; 612462, 4057330;
612464, 4057320; 612465, 4057320; 612466, 4057320; 612466, 4057320;
612467, 4057320; 612467, 4057320; 612468, 4057310; 612468, 4057310;
612469, 4057310; 612469, 4057310; 612469, 4057300; 612469, 4057300;
612469, 4057300; 612468, 4057300; 612468, 4057300; 612468, 4057290;
612467, 4057290; 612467, 4057290; 612466, 4057290; 612465, 4057290;
612465, 4057280; 612463, 4057280; 612463, 4057280; 612443, 4057240;
612443, 4057240; 612442, 4057240; 612441, 4057240; 612441, 4057240;
612440, 4057240; 612440, 4057240; 612440, 4057230; 612439, 4057230;
612439, 4057230; 612438, 4057230; 612438, 4057230; 612438, 4057220;
612438, 4057220; 612438, 4057220; 612438, 4057220; 612439, 4057220;
612439, 4057220; 612439, 4057220; 612439, 4057210; 612440, 4057210;
612440, 4057210; 612440, 4057210; 612441, 4057210; 612441, 4057210;
612444, 4057200; 612446, 4057200; 612447, 4057200; 612448, 4057200;
612449, 4057190; 612450, 4057190; 612451, 4057190; 612452, 4057190;
612453, 4057190; 612471, 4057180; 612472, 4057180; 612474, 4057180;
612475, 4057170; 612476, 4057170; 612477, 4057170; 612478, 4057170;
612479, 4057170; 612480, 4057170; 612481, 4057170; 612481, 4057160;
612482, 4057160; 612482, 4057160; 612482, 4057160; 612485, 4057040;
612485, 4057030; 612486, 4056990; 612487, 4056980; 612487, 4056980;
612487, 4056980; 612487, 4056980; 612488, 4056970; 612499, 4056900;
612497, 4056900; 612495, 4056900; 612493, 4056900; 612490, 4056900;
612488, 4056900; 612486, 4056900; 612484, 4056900; 612482, 4056900;
612480, 4056900; 612476, 4056900; 612474, 4056900; 612472, 4056900;
612470, 4056900; 612470, 4056890; 612467, 4056880; 612470, 4056880;
612472, 4056880; 612474, 4056880; 612477, 4056880; 612479, 4056880;
612481, 4056880; 612484, 4056880; 612486, 4056880; 612489, 4056880;
612491, 4056880; 612493, 4056880; 612496, 4056880; 612498, 4056880;
612500, 4056880; 612503, 4056880; 612505, 4056880; 612507, 4056880;
612512, 4056880; 612514, 4056880; 612517, 4056880; 612521, 4056880;
612524, 4056880; 612528, 4056880; 612530, 4056890; 612532, 4056890;
612537, 4056890; 612539, 4056890; 612541, 4056890; 612544, 4056890;
612548, 4056890; 612550, 4056890; 612552, 4056890; 612554, 4056890;
612556, 4056900; 612558, 4056900; 612562, 4056900; 612605, 4056910;
612648, 4056920; 612659, 4056920; 612671, 4056930; 612680, 4056930;
612682, 4056930; 612683, 4056930; 612688, 4056930; 612690, 4056930;
612691, 4056930; 612693, 4056930; 612695, 4056930; 612700, 4056940;
612703, 4056940; 612705, 4056940; 612710, 4056940; 612711, 4056940;
612713, 4056940; 612715, 4056940; 612716, 4056940; 612718, 4056940;
612720, 4056940; 612722, 4056940; 612727, 4056940; 612730, 4056940;
612732, 4056940; 612735, 4056930; 612738, 4056930; 612740, 4056930;
612742, 4056930; 612743, 4056930; 612745, 4056930; 612748, 4056930;
612750, 4056930; 612753, 4056930; 612754, 4056930; 612801, 4056910;
612802, 4056910; 612806, 4056910; 612808, 4056910; 612809, 4056900;
612811, 4056900; 612813, 4056900; 612817, 4056900; 612818, 4056900;
612820, 4056900; 612822, 4056900; 612824, 4056900; 612829, 4056900;
612831, 4056900; 612833, 4056900; 612839, 4056900; 612841, 4056900;
612843, 4056900; 612846, 4056900; 612852, 4056900; 612855, 4056900;
612919, 4056910; 612934, 4056910; 612945, 4056910; 612956, 4056910;
612967, 4056910; 612978, 4056910; 612989, 4056910; 613000, 4056910;
613011, 4056910; 613078, 4056900; 613267, 4056890; 613276, 4056890;
613283, 4056890; 613291, 4056890; 613294, 4056890; 613297, 4056890;
613300, 4056890; 613303, 4056890; 613307, 4056890; 613310, 4056890;
613313, 4056890; 613316, 4056890; 613319, 4056890; 613322, 4056890;
613325, 4056890; 613328, 4056890; 613331, 4056890; 613337, 4056890;
[[Page 37538]]
613340, 4056890; 613343, 4056890; 613346, 4056890; 613349, 4056890;
613352, 4056890; 613356, 4056890; 613359, 4056890; 613362, 4056900;
613365, 4056900; 613368, 4056900; 613371, 4056900; 613374, 4056900;
613377, 4056900; 613383, 4056900; 613386, 4056900; 613389, 4056900;
613395, 4056900; 613404, 4056890; 613417, 4056880; 613416, 4056880;
613357, 4056820; 613356, 4056820; 613354, 4056820; 613351, 4056810;
613350, 4056810; 613349, 4056810; 613347, 4056810; 613345, 4056800;
613344, 4056800; 613343, 4056800; 613341, 4056790; 613340, 4056790;
613340, 4056790; 613339, 4056780; 613339, 4056780; 613338, 4056780;
613338, 4056780; 613338, 4056770; 613332, 4056570; 613332, 4056570;
613332, 4056560; 613333, 4056560; 613333, 4056550; 613333, 4056550;
613334, 4056550; 613334, 4056550; 613335, 4056540; 613335, 4056540;
613336, 4056540; 613337, 4056530; 613337, 4056530; 613338, 4056530;
613339, 4056530; 613339, 4056530; 613340, 4056520; 613342, 4056520;
613343, 4056520; 613420, 4056340; 613421, 4056340; 613426, 4056330;
613428, 4056320; 613430, 4056320; 613432, 4056320; 613434, 4056310;
613436, 4056310; 613438, 4056310; 613440, 4056300; 613442, 4056300;
613444, 4056300; 613447, 4056300; 613449, 4056290; 613454, 4056290;
613459, 4056280; 613462, 4056280; 613467, 4056270; 613469, 4056270;
613470, 4056270; 613471, 4056270; 613472, 4056270; 613473, 4056270;
613477, 4056260; 613478, 4056260; 613479, 4056260; 613480, 4056260;
613481, 4056250; 613482, 4056250; 613483, 4056250; 613483, 4056250;
613484, 4056250; 613485, 4056250; 613485, 4056250; 613486, 4056240;
613487, 4056240; 613487, 4056240; 613490, 4056230; 613490, 4056230;
613491, 4056230; 613491, 4056230; 613491, 4056230; 613492, 4056230;
613492, 4056220; 613492, 4056220; 613493, 4056220; 613493, 4056220;
613493, 4056210; 613494, 4056210; 613493, 4056210; 613494, 4056210;
613493, 4056200; 613493, 4056200; 613493, 4056200; 613493, 4056200;
613493, 4056200; 613493, 4056200; 613492, 4056190; 613492, 4056190;
613492, 4056190; 613491, 4056190; 613490, 4056180; 613490, 4056180;
613489, 4056180; 613489, 4056180; 613488, 4056180; 613487, 4056170;
613486, 4056170; 613485, 4056170; 613485, 4056170; 613483, 4056170;
613482, 4056160; 613482, 4056160; 613481, 4056160; 613480, 4056160;
613479, 4056160; 613477, 4056160; 613476, 4056150; 613475, 4056150;
613474, 4056150; 613474, 4056150; 613473, 4056150; 613472, 4056150;
613470, 4056150; 613469, 4056150; 613468, 4056140; 613467, 4056140;
613464, 4056140; 613460, 4056140; 613459, 4056140; 613458, 4056140;
613455, 4056130; 613454, 4056130; 613452, 4056130; 613451, 4056130;
613450, 4056130; 613447, 4056130; 613445, 4056130; 613444, 4056130;
613237, 4056020; 613234, 4056020; 613230, 4056020; 613227, 4056010;
613224, 4056010; 613220, 4056010; 613217, 4056010; 613214, 4056010;
613211, 4056000; 613207, 4056000; 613204, 4056000; 613198, 4055990;
613195, 4055990; 613192, 4055990; 613189, 4055990; 613186, 4055980;
613184, 4055980; 613181, 4055980; 613176, 4055970; 613061, 4055850;
613056, 4055840; 613054, 4055840; 613053, 4055840; 613051, 4055840;
613050, 4055830; 613049, 4055830; 613048, 4055830; 613048, 4055830;
613046, 4055830; 613045, 4055830; 613044, 4055820; 613041, 4055820;
613041, 4055820; 613040, 4055810; 613040, 4055810; 613039, 4055810;
613039, 4055810; 613038, 4055810; 613037, 4055800; 613037, 4055800;
613036, 4055800; 613036, 4055800; 613036, 4055800; 613035, 4055790;
613035, 4055790; 613035, 4055790; 613035, 4055790; 613035, 4055790;
613034, 4055780; 613035, 4055780; 613034, 4055780; 613035, 4055770;
613061, 4055410; 613061, 4055400; 613061, 4055390; 613061, 4055390;
613061, 4055380; 613061, 4055380; 613060, 4055380; 613060, 4055370;
613060, 4055370; 613059, 4055360; 613058, 4055360; 613058, 4055360;
613057, 4055350; 613056, 4055350; 613055, 4055350; 613054, 4055340;
613053, 4055340; 613052, 4055330; 613051, 4055330; 613050, 4055330;
613042, 4055300; 613008, 4055200; 612999, 4055170; 612988, 4055120;
612992, 4055070; 613011, 4054970; 613014, 4054940; 613023, 4054940;
613022, 4054930; 613022, 4054930; 613021, 4054920; 613021, 4054920;
613020, 4054920; 613019, 4054910; 613019, 4054910; 613018, 4054910;
613017, 4054910; 613017, 4054900; 613014, 4054900; 613013, 4054890;
613010, 4054890; 613009, 4054880; 613008, 4054880; 613007, 4054880;
613006, 4054880; 613004, 4054880; 613002, 4054870; 613001, 4054870;
612998, 4054860; 612995, 4054860; 612992, 4054860; 612990, 4054850;
612987, 4054850; 612985, 4054850; 612980, 4054840; 612978, 4054840;
612976, 4054840; 612974, 4054840; 612888, 4054760; 612886, 4054760;
612884, 4054760; 612879, 4054750; 612875, 4054750; 612870, 4054740;
612867, 4054740; 612864, 4054730; 612862, 4054730; 612858, 4054720;
612857, 4054720; 612855, 4054720; 612854, 4054720; 612853, 4054720;
612851, 4054710; 612848, 4054710; 612846, 4054700; 612845, 4054700;
612843, 4054690; 612842, 4054690; 612841, 4054680; 612841, 4054680;
612840, 4054680; 612838, 4054670; 612837, 4054670; 612836, 4054670;
612835, 4054670; 612834, 4054660; 612833, 4054660; 612832, 4054660;
612829, 4054650; 612828, 4054650; 612827, 4054650; 612826, 4054650;
612825, 4054650; 612823, 4054640; 612822, 4054640; 612821, 4054640;
612820, 4054640; 612818, 4054640; 612817, 4054640; 612816, 4054630;
612814, 4054630; 612813, 4054630; 612808, 4054630; 612807, 4054630;
612805, 4054620; 612804, 4054620; 612802, 4054620; 612801, 4054620;
612799, 4054620; 612797, 4054620; 612796, 4054620; 612794, 4054610;
612792, 4054610; 612763, 4054590; 612762, 4054590; 612760, 4054590;
612758, 4054590; 612757, 4054590; 612752, 4054580; 612750, 4054580;
612749, 4054580; 612747, 4054580; 612746, 4054580; 612744, 4054580;
612743, 4054580; 612740, 4054570; 612739, 4054570; 612736, 4054570;
612735, 4054570; 612733, 4054560; 612732, 4054560; 612731, 4054560;
612730, 4054560; 612728, 4054560; 612727, 4054550; 612726, 4054550;
612724, 4054550; 612723, 4054550; 612722, 4054540; 612720, 4054540;
612719, 4054540; 612719, 4054540; 612718, 4054530; 612717, 4054530;
612717, 4054530; 612716, 4054530; 612715, 4054530; 612715, 4054520;
612714, 4054520; 612714, 4054520; 612713, 4054520; 612713, 4054520;
612712, 4054510; 612711, 4054500; 612709, 4054500; 612708, 4054490;
612707, 4054490; 612703, 4054480; 612702, 4054470; 612700, 4054470;
612696, 4054460; 612694, 4054450; 612495, 4053980; 612482, 4053950;
612476, 4053950; 612451, 4053890; 612448, 4053880; 612447, 4053880;
612445, 4053880; 612443, 4053870; 612441, 4053870; 612438, 4053860;
612436, 4053860; 612434, 4053860; 612432, 4053850; 612429, 4053850;
612427, 4053850; 612424, 4053840; 612421, 4053840; 612419, 4053830;
612416, 4053830; 612413, 4053830; 612350, 4053750; 612348, 4053750;
612343, 4053740; 612341, 4053740; 612339, 4053730; 612338, 4053730;
612336, 4053730; 612335, 4053730; 612332, 4053720; 612331, 4053720;
612327, 4053710; 612324, 4053700; 612323, 4053700; 612320, 4053690;
612319, 4053690; 612318, 4053690; 612307, 4053640; 612307, 4053640;
[[Page 37539]]
612306, 4053640; 612304, 4053630; 612303, 4053630; 612303, 4053630;
612302, 4053630; 612300, 4053620; 612299, 4053620; 612299, 4053620;
612298, 4053620; 612271, 4053570; 612270, 4053570; 612269, 4053560;
612269, 4053560; 612268, 4053560; 612267, 4053560; 612267, 4053560;
612267, 4053560; 612266, 4053550; 612266, 4053550; 612266, 4053550;
612265, 4053550; 612265, 4053550; 612265, 4053540; 612265, 4053540;
612266, 4053540; 612266, 4053540; 612273, 4053480; 612274, 4053470;
612274, 4053470; 612275, 4053450; 612275, 4053450; 612275, 4053450;
612274, 4053440; 612274, 4053440; 612274, 4053430; 612274, 4053430;
612273, 4053420; 612273, 4053420; 612272, 4053420; 612272, 4053410;
612270, 4053400; 612268, 4053400; 612268, 4053390; 612266, 4053390;
612254, 4053340; 612254, 4053340; 612253, 4053340; 612252, 4053330;
612252, 4053330; 612251, 4053330; 612251, 4053320; 612250, 4053320;
612250, 4053320; 612250, 4053320; 612250, 4053310; 612250, 4053310;
612250, 4053310; 612250, 4053310; 612250, 4053300; 612250, 4053300;
612251, 4053280; 612251, 4053270; 612252, 4053270; 612252, 4053260;
612253, 4053250; 612255, 4053240; 612255, 4053240; 612255, 4053240;
612256, 4053240; 612256, 4053230; 612256, 4053230; 612256, 4053230;
612256, 4053230; 612256, 4053220; 612256, 4053220; 612256, 4053220;
612256, 4053220; 612256, 4053220; 612255, 4053220; 612255, 4053220;
612254, 4053210; 612239, 4053130; 612239, 4053130; 612238, 4053130;
612238, 4053120; 612228, 4053060; 612228, 4053050; 612227, 4053050;
612227, 4053050; 612226, 4053040; 612226, 4053030; 612226, 4053030;
612226, 4053020; 612226, 4053020; 612227, 4053010; 612227, 4053000;
612228, 4053000; 612229, 4052990; 612230, 4052980; 612231, 4052980;
612232, 4052980; 612235, 4052960; 612237, 4052950; 612239, 4052940;
612241, 4052930; 612251, 4052860; 612252, 4052860; 612254, 4052840;
612255, 4052840; 612256, 4052830; 612256, 4052830; 612256, 4052820;
612255, 4052820; 612255, 4052820; 612255, 4052820; 612254, 4052810;
612253, 4052810; 612252, 4052810; 612252, 4052800; 612251, 4052800;
612251, 4052800; 612251, 4052790; 612251, 4052790; 612251, 4052790;
612250, 4052790; 612250, 4052790; 612250, 4052790; 612250, 4052780;
612249, 4052780; 612249, 4052780; 612249, 4052780; 612248, 4052780;
612248, 4052770; 612247, 4052770; 612246, 4052770; 612246, 4052770;
612235, 4052740; 612233, 4052740; 612231, 4052730; 612229, 4052730;
612228, 4052720; 612227, 4052720; 612226, 4052720; 612223, 4052710;
612206, 4052690; 612205, 4052680; 612205, 4052680; 612204, 4052680;
612203, 4052680; 612199, 4052670; 612199, 4052670; 612198, 4052670;
612196, 4052660; 612196, 4052660; 612195, 4052660; 612195, 4052660;
612194, 4052650; 612194, 4052650; 612194, 4052650; 612193, 4052650;
612193, 4052650; 612193, 4052640; 612193, 4052640; 612190, 4052600;
612190, 4052590; 612190, 4052590; 612188, 4052580; 612187, 4052570;
612185, 4052560; 612184, 4052560; 612172, 4052510; 612171, 4052510;
612168, 4052500; 612167, 4052500; 612165, 4052490; 612161, 4052480;
612159, 4052480; 612158, 4052470; 612156, 4052470; 612153, 4052460;
612147, 4052450; 612145, 4052450; 612141, 4052440; 612139, 4052440;
612137, 4052440; 612124, 4052420; 612122, 4052420; 612119, 4052410;
612118, 4052410; 612116, 4052410; 612115, 4052410; 612113, 4052400;
612112, 4052400; 612111, 4052400; 612109, 4052400; 612108, 4052390;
612107, 4052390; 612106, 4052390; 612105, 4052390; 612104, 4052380;
612103, 4052380; 612102, 4052380; 612101, 4052380; 612099, 4052370;
612098, 4052370; 612098, 4052370; 612096, 4052360; 612096, 4052360;
612095, 4052360; 612095, 4052350; 612094, 4052350; 612094, 4052350;
612093, 4052340; 612093, 4052340; 612093, 4052340; 612092, 4052330;
612092, 4052330; 612092, 4052290; 612092, 4052290; 612092, 4052280;
612092, 4052270; 612093, 4052270; 612093, 4052260; 612094, 4052260;
612094, 4052260; 612095, 4052250; 612096, 4052250; 612097, 4052240;
612114, 4052170; 612115, 4052170; 612116, 4052160; 612118, 4052160;
612119, 4052150; 612122, 4052140; 612124, 4052140; 612126, 4052130;
612127, 4052130; 612129, 4052130; 612131, 4052120; 612133, 4052120;
612137, 4052110; 612140, 4052100; 612200, 4051990; 612203, 4051990;
612208, 4051980; 612210, 4051970; 612236, 4051910; 612239, 4051910;
612241, 4051900; 612243, 4051900; 612245, 4051890; 612247, 4051890;
612248, 4051880; 612275, 4051790; 612277, 4051790; 612279, 4051780;
612280, 4051780; 612281, 4051770; 612282, 4051770; 612283, 4051760;
612284, 4051760; 612286, 4051740; 612291, 4051700; 612291, 4051700;
612291, 4051700; 612290, 4051690; 612282, 4051640; 612281, 4051640;
612281, 4051630; 612280, 4051630; 612280, 4051630; 612279, 4051630;
612264, 4051570; 612263, 4051570; 612262, 4051560; 612262, 4051560;
612261, 4051560; 612259, 4051560; 612258, 4051550; 612258, 4051550;
612257, 4051550; 612255, 4051550; 612254, 4051550; 612253, 4051540;
612253, 4051540; 612251, 4051540; 612250, 4051540; 612248, 4051540;
612247, 4051530; 612243, 4051530; 612242, 4051530; 612240, 4051530;
612125, 4051390; 612121, 4051390; 612118, 4051390; 612115, 4051380;
612112, 4051380; 612107, 4051380; 612104, 4051370; 612033, 4051310;
612027, 4051310; 612026, 4051310; 612024, 4051300; 612021, 4051300;
612018, 4051300; 612016, 4051290; 612015, 4051290; 612012, 4051290;
612010, 4051290; 612009, 4051290; 612005, 4051280; 612004, 4051280;
612003, 4051270; 612002, 4051270; 612001, 4051270; 611999, 4051270;
611998, 4051260; 611997, 4051260; 611996, 4051260; 611992, 4051250;
611992, 4051250; 611991, 4051250; 611990, 4051240; 611989, 4051240;
611988, 4051230; 611986, 4051220; 611986, 4051220; 611986, 4051210;
611985, 4051200; 611985, 4051200; 611984, 4051190; 611983, 4051180;
611982, 4051170; 611981, 4051160; 611979, 4051160; 611978, 4051150;
611976, 4051140; 611960, 4051060; 611957, 4051050; 611956, 4051050;
611954, 4051040; 611952, 4051030; 611948, 4051020; 611946, 4051020;
611944, 4051010; 611941, 4051000; 611939, 4051000; 611936, 4050990;
611934, 4050980; 611931, 4050980; 611928, 4050970; 611925, 4050970;
611922, 4050960; 611918, 4050950; 611915, 4050950; 611908, 4050940;
611901, 4050930; 611897, 4050920; 611893, 4050920; 611889, 4050910;
611885, 4050900; 611881, 4050900; 611876, 4050890; 611872, 4050890;
611868, 4050880; 611863, 4050880; 611858, 4050870; 611854, 4050870;
611849, 4050870; 611785, 4050810; 611780, 4050800; 611776, 4050800;
611773, 4050790; 611768, 4050790; 611764, 4050790; 611760, 4050780;
611756, 4050780; 611752, 4050780; 611743, 4050770; 611739, 4050770;
611736, 4050770; 611734, 4050770; 611733, 4050770; 611732, 4050760;
611731, 4050760; 611729, 4050760; 611728, 4050760; 611727, 4050760;
611726, 4050760; 611722, 4050760; 611720, 4050750; 611718, 4050750;
611717, 4050750; 611714, 4050750; 611713, 4050750; 611712, 4050750;
611711, 4050740; 611710, 4050740; 611709, 4050740; 611708, 4050740;
611707, 4050740; 611707, 4050740; 611706, 4050740; 611705, 4050730;
611704, 4050730; 611702, 4050730; 611701, 4050730; 611701, 4050730;
[[Page 37540]]
611699, 4050720; 611698, 4050720; 611698, 4050720; 611697, 4050710;
611696, 4050710; 611696, 4050710; 611695, 4050710; 611695, 4050700;
611695, 4050700; 611694, 4050700; 611681, 4050590; 611681, 4050590;
611680, 4050570; 611679, 4050570; 611679, 4050560; 611679, 4050550;
611679, 4050550; 611679, 4050540; 611679, 4050540; 611679, 4050530;
611682, 4050470; 611683, 4050450; 611683, 4050440; 611683, 4050360;
611683, 4050360; 611683, 4050360; 611683, 4050350; 611683, 4050350;
611683, 4050350; 611682, 4050350; 611682, 4050350; 611682, 4050340;
611682, 4050340; 611681, 4050340; 611681, 4050340; 611681, 4050340;
611680, 4050340; 611680, 4050330; 611679, 4050330; 611678, 4050330;
611677, 4050330; 611676, 4050320; 611676, 4050320; 611673, 4050320;
611672, 4050320; 611671, 4050310; 611671, 4050310; 611670, 4050310;
611669, 4050310; 611668, 4050310; 611667, 4050310; 611665, 4050300;
611661, 4050300; 611660, 4050300; 611659, 4050300; 611658, 4050290;
611657, 4050290; 611655, 4050290; 611654, 4050290; 611653, 4050290;
611652, 4050290; 611650, 4050290; 611649, 4050290; 611648, 4050290;
611646, 4050280; 611645, 4050280; 611644, 4050280; 611642, 4050280;
611618, 4050260; 611617, 4050260; 611616, 4050260; 611614, 4050260;
611613, 4050260; 611612, 4050260; 611610, 4050260; 611609, 4050260;
611608, 4050260; 611604, 4050250; 611601, 4050250; 611600, 4050250;
611599, 4050250; 611596, 4050240; 611595, 4050240; 611594, 4050240;
611593, 4050240; 611592, 4050240; 611591, 4050230; 611589, 4050230;
611589, 4050230; 611588, 4050230; 611587, 4050230; 611586, 4050220;
611585, 4050220; 611584, 4050220; 611584, 4050220; 611583, 4050220;
611582, 4050210; 611582, 4050210; 611581, 4050210; 611581, 4050210;
611580, 4050210; 611580, 4050210; 611580, 4050200; 611579, 4050200;
611578, 4050190; 611578, 4050190; 611578, 4050190; 611578, 4050190;
611578, 4050180; 611578, 4050180; 611578, 4050180; 611578, 4050180;
611578, 4050170; 611578, 4050170; 611579, 4050170; 611579, 4050170;
611580, 4050170; 611581, 4050160; 611582, 4050160; 611582, 4050160;
611583, 4050150; 611583, 4050150; 611584, 4050150; 611584, 4050150;
611586, 4050150; 611586, 4050140; 611587, 4050140; 611588, 4050140;
611589, 4050140; 611591, 4050140; 611592, 4050130; 611593, 4050130;
611594, 4050130; 611595, 4050130; 611596, 4050130; 611614, 4050100;
611616, 4050100; 611618, 4050100; 611618, 4050090; 611619, 4050090;
611619, 4050090; 611619, 4050090; 611619, 4050080; 611619, 4050080;
611617, 4050080; 611617, 4050080; 611616, 4050080; 611614, 4050070;
611613, 4050070; 611612, 4050070; 611610, 4050070; 611609, 4050070;
611608, 4050060; 611606, 4050060; 611604, 4050060; 611602, 4050060;
611601, 4050060; 611589, 4050060; 611568, 4050050; 611553, 4050040;
611538, 4050040; 611523, 4050030; 611508, 4050030; 611494, 4050020;
611479, 4050010; 611465, 4050010; 611451, 4050000; 611410, 4049980;
611408, 4049980; 611406, 4049980; 611402, 4049970; 611401, 4049970;
611399, 4049970; 611397, 4049970; 611393, 4049970; 611391, 4049970;
611388, 4049970; 611354, 4049980; 611353, 4049980; 611351, 4049980;
611348, 4049980; 611346, 4049980; 611343, 4049980; 611263, 4049990;
611261, 4049990; 611259, 4049990; 611257, 4049990; 611254, 4049990;
611252, 4049990; 611250, 4049990; 611248, 4049990; 611246, 4049990;
611243, 4049990; 611241, 4049990; 611239, 4049990; 611237, 4049990;
611233, 4049990; 611230, 4049980; 611228, 4049980; 611222, 4049980;
611220, 4049980; 611218, 4049980; 611216, 4049980; 611213, 4049980;
611211, 4049980; 611209, 4049980; 611207, 4049980; 611205, 4049980;
611203, 4049980; 611201, 4049980; 611199, 4049980; 611197, 4049980;
611195, 4049970; 611193, 4049970; 611191, 4049970; 611185, 4049970;
611184, 4049970; 611182, 4049970; 611176, 4049960; 611173, 4049960;
611171, 4049960; 611169, 4049960; 611168, 4049960; 611166, 4049950;
611164, 4049950; 611163, 4049950; 611161, 4049950; 611160, 4049950;
611158, 4049950; 611157, 4049950; 611155, 4049940; 611154, 4049940;
611152, 4049940; 611151, 4049940; 611147, 4049930; 611146, 4049930;
611144, 4049930; 611066, 4049810; 611064, 4049810; 611063, 4049810;
611061, 4049800; 611060, 4049800; 611058, 4049800; 611057, 4049800;
611055, 4049800; 611053, 4049790; 611052, 4049790; 611046, 4049790;
611045, 4049780; 611041, 4049780; 611039, 4049780; 611037, 4049780;
611035, 4049780; 611033, 4049770; 611031, 4049770; 611027, 4049770;
611024, 4049770; 611022, 4049770; 611020, 4049770; 611018, 4049760;
611011, 4049760; 611009, 4049760; 611007, 4049760; 611005, 4049760;
611002, 4049760; 610958, 4049740; 610953, 4049730; 610948, 4049730;
610944, 4049730; 610939, 4049730; 610937, 4049730; 610935, 4049720;
610933, 4049720; 610931, 4049720; 610928, 4049720; 610924, 4049720;
610920, 4049710; 610918, 4049710; 610916, 4049710; 610914, 4049710;
610912, 4049710; 610910, 4049700; 610909, 4049700; 610907, 4049700;
610903, 4049700; 610902, 4049690; 610900, 4049690; 610898, 4049690;
610896, 4049690; 610875, 4049660; 610867, 4049650; 610865, 4049640;
610864, 4049640; 610863, 4049640; 610862, 4049640; 610860, 4049640;
610859, 4049640; 610858, 4049640; 610857, 4049640; 610856, 4049630;
610848, 4049630; 610847, 4049630; 610845, 4049620; 610843, 4049620;
610841, 4049620; 610839, 4049620; 610837, 4049620; 610835, 4049620;
610833, 4049620; 610830, 4049620; 610815, 4049620; 610812, 4049620;
610809, 4049620; 610807, 4049620; 610805, 4049620; 610803, 4049620;
610798, 4049620; 610796, 4049620; 610794, 4049620; 610792, 4049620;
610790, 4049620; 610788, 4049620; 610786, 4049620; 610760, 4049630;
610758, 4049630; 610755, 4049630; 610751, 4049630; 610749, 4049640;
610739, 4049640; 610729, 4049640; 610719, 4049650; 610709, 4049650;
610694, 4049660; 610641, 4049680; 610630, 4049680; 610619, 4049690;
610500, 4049740; 610496, 4049740; 610487, 4049740; 610483, 4049740;
610478, 4049740; 610474, 4049740; 610470, 4049750; 610465, 4049750;
610461, 4049750; 610456, 4049750; 610452, 4049750; 610447, 4049750;
610443, 4049750; 610438, 4049750; 610433, 4049750; 610428, 4049750;
610322, 4049760; 610312, 4049760; 610301, 4049760; 610289, 4049770;
610242, 4049770; 610235, 4049770; 610230, 4049770; 610225, 4049770;
610220, 4049770; 610215, 4049770; 610209, 4049770; 610204, 4049770;
610199, 4049770; 610193, 4049770; 610188, 4049770; 610182, 4049770;
610177, 4049770; 610172, 4049770; 610166, 4049770; 610161, 4049770;
610155, 4049770; 610150, 4049770; 610144, 4049770; 610088, 4049770;
610084, 4049770; 610079, 4049770; 610075, 4049760; 610070, 4049760;
610066, 4049760; 610061, 4049760; 610057, 4049760; 610052, 4049760;
610048, 4049760; 610044, 4049760; 610039, 4049760; 610035, 4049760;
610031, 4049750; 610027, 4049750; 610022, 4049750; 610018, 4049750;
610014, 4049750; 610010, 4049750; 610006, 4049740; 610001, 4049740;
609993, 4049740; 609989, 4049740; 609981, 4049730; 609977, 4049730;
609974, 4049730; 609970, 4049720; 609966, 4049720; 609962, 4049720;
609959, 4049720; 609955, 4049710; 609948, 4049710; 609945, 4049710;
[[Page 37541]]
609941, 4049700; 609938, 4049700; 609934, 4049700; 609931, 4049690;
609906, 4049670; 609905, 4049670; 609904, 4049670; 609902, 4049670;
609901, 4049660; 609900, 4049660; 609898, 4049660; 609896, 4049660;
609895, 4049660; 609894, 4049660; 609893, 4049650; 609892, 4049650;
609891, 4049650; 609890, 4049650; 609888, 4049650; 609886, 4049640;
609886, 4049640; 609885, 4049640; 609884, 4049640; 609882, 4049630;
609881, 4049630; 609880, 4049630; 609880, 4049630; 609879, 4049630;
609879, 4049620; 609878, 4049620; 609878, 4049620; 609877, 4049620;
609876, 4049610; 609876, 4049610; 609876, 4049610; 609875, 4049600;
609875, 4049600; 609874, 4049600; 609874, 4049600; 609874, 4049590;
609874, 4049590; 609875, 4049580; 609875, 4049580; 609875, 4049580;
609875, 4049580; 609896, 4049440; 609896, 4049440; 609897, 4049440;
609897, 4049440; 609897, 4049430; 609897, 4049430; 609896, 4049420;
609896, 4049420; 609895, 4049420; 609895, 4049420; 609894, 4049410;
609893, 4049410; 609892, 4049410; 609892, 4049410; 609890, 4049400;
609887, 4049400; 609886, 4049400; 609885, 4049390; 609883, 4049390;
609882, 4049390; 609881, 4049390; 609879, 4049390; 609877, 4049390;
609876, 4049380; 609874, 4049380; 609805, 4049320; 609799, 4049320;
609795, 4049320; 609786, 4049310; 609776, 4049300; 609771, 4049300;
609767, 4049300; 609762, 4049290; 609757, 4049290; 609747, 4049280;
609741, 4049280; 609736, 4049280; 609731, 4049280; 609726, 4049270;
609721, 4049270; 609715, 4049270; 609710, 4049270; 609699, 4049260;
609694, 4049260; 609688, 4049260; 609683, 4049260; 609677, 4049260;
609671, 4049260; 609666, 4049250; 609660, 4049250; 609655, 4049250;
609649, 4049250; 609643, 4049250; 609637, 4049250; 609449, 4049220;
609423, 4049220; 609390, 4049210; 609292, 4049190; 609287, 4049190;
609282, 4049190; 609277, 4049190; 609271, 4049190; 609266, 4049190;
609261, 4049190; 609256, 4049190; 609249, 4049180; 609204, 4049170;
609182, 4049160; 609161, 4049150; 608937, 4049090; 608921, 4049080;
608905, 4049080; 608883, 4049070; 608862, 4049060; 608770, 4049040;
608767, 4049030; 608765, 4049030; 608762, 4049030; 608760, 4049030;
608757, 4049030; 608755, 4049030; 608752, 4049030; 608750, 4049030;
608747, 4049030; 608745, 4049030; 608742, 4049030; 608737, 4049030;
608732, 4049030; 608729, 4049030; 608616, 4049030; 608588, 4049030;
608559, 4049030; 608427, 4049020; 608423, 4049020; 608419, 4049020;
608415, 4049020; 608411, 4049020; 608407, 4049020; 608403, 4049020;
608399, 4049020; 608395, 4049020; 608391, 4049020; 608387, 4049020;
608383, 4049020; 608379, 4049020; 608371, 4049020; 608367, 4049010;
608363, 4049010; 608360, 4049010; 608356, 4049010; 608352, 4049010;
608348, 4049010; 608341, 4049010; 608337, 4049000; 608333, 4049000;
608330, 4049000; 608326, 4049000; 608323, 4049000; 608319, 4048990;
608316, 4048990; 608312, 4048990; 608289, 4048980; 608284, 4048970;
608280, 4048970; 608275, 4048970; 608271, 4048960; 608263, 4048960;
608178, 4048890; 608174, 4048890; 608171, 4048890; 608167, 4048890;
608164, 4048880; 608158, 4048880; 608154, 4048880; 608151, 4048880;
608144, 4048870; 608140, 4048870; 608137, 4048870; 608130, 4048870;
608123, 4048860; 608115, 4048860; 608112, 4048860; 608108, 4048860;
608104, 4048860; 608097, 4048850; 608093, 4048850; 607883, 4048810;
607853, 4048800; 607851, 4048800; 607802, 4048800; 607759, 4048800;
607716, 4048810; 607674, 4048810; 607631, 4048820; 607589, 4048830;
607547, 4048830; 607505, 4048840; 607463, 4048850; 607421, 4048860;
607380, 4048870; 607338, 4048880; 607297, 4048890; 607256, 4048900;
607215, 4048920; 607175, 4048930; 607134, 4048940; 607094, 4048960;
607054, 4048970; 607015, 4048990; 606976, 4049010; 606646, 4049160;
606633, 4049160; 606621, 4049170; 606609, 4049170; 606596, 4049180;
606583, 4049180; 606571, 4049180; 606558, 4049190; 606545, 4049190;
606532, 4049200; 606519, 4049200; 606506, 4049200; 606493, 4049200;
606480, 4049210; 606466, 4049210; 606441, 4049210; 606437, 4049230;
606301, 4049510; 606277, 4049560.
(ii) Excluding lands bounded by: 611438, 4056500; 611495, 4056520;
611476, 4056580; 611418, 4056560; 611438, 4056500.
Excluding lands bounded by: 611939, 4057140; 611960, 4057140;
611959, 4057160; 611938, 4057160; 611939, 4057140.
Excluding lands bounded by: 609833, 4053400; 609908, 4053360;
610068, 4053380; 610032, 4053600; 610030, 4053600; 610026, 4053600;
610022, 4053600; 610021, 4053600; 610019, 4053600; 609791, 4053560;
609792, 4053420; 609833, 4053400.
Excluding lands bounded by: 611759, 4053550; 611754, 4053540;
611727, 4053520; 611706, 4053510; 611679, 4053500; 611658, 4053490;
611642, 4053480; 611613, 4053450; 611582, 4053430; 611536, 4053420;
611500, 4053420; 611469, 4053410; 611436, 4053390; 611394, 4053340;
611367, 4053290; 611346, 4053240; 611313, 4053170; 611278, 4053120;
611240, 4053070; 611218, 4053040; 611270, 4053010; 611305, 4052990;
611336, 4052970; 611371, 4052940; 611402, 4052910; 611442, 4052910;
611514, 4052860; 611524, 4052850; 611585, 4052980; 611610, 4053050;
611638, 4053130; 611670, 4053190; 611724, 4053240; 611761, 4053280;
611826, 4053310; 611953, 4053370; 611994, 4053390; 612029, 4053400;
612049, 4053520; 611979, 4053570; 611863, 4053640; 611759, 4053550.
(iii) Map Unit H follows.
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(13) Unit I: Del Rey Oaks Unit. Monterey County, California.
(i) From USGS 1:24,000 quadrangle map Seaside lands bounded by the
following UTM zone 10 NAD83 coordinates (E,N): 603516, 4050050; 604562,
4050070; 606616, 4048490; 606612, 4048020; 606317, 4048090; 606197,
4048120; 606101, 4048130; 605982, 4048140; 605862, 4048150; 605758,
4048170; 605649, 4048200; 605557, 4048250; 605206, 4048580; 604937,
4048980; 604820, 4049060; 604710, 4049100; 604599, 4049130; 604457,
4049120; 604340, 4049080; 604209, 4049040; 604094, 4049010; 604000,
4049010; 603918, 4049020; 603802, 4049040; 603692, 4049080; 603525,
4049140; 603521, 4049490; 603993, 4049300; 604045, 4049220; 604128,
4049190; 604195, 4049200; 604280, 4049200; 604377, 4049210; 604452,
4049220; 604491, 4049220; 604502, 4049260; 604228, 4049370; 604242,
4049410; 604148, 4049450; 604143, 4049440; 603678, 4049620; 603655,
4049670; 603519, 4049730; 603516, 4050050.
(ii) Map Unit I follows.
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(14) Unit J: Soledad Unit. Monterey County, California.
(i) From USGS 1:24,000 quadrangle map Soledad, lands bounded by the
following UTM zone 10 NAD83 coordinates (E,N): 653580, 4030090; 653997,
4030130; 654337, 4030190; 654644, 4030250; 655780, 4030290; 655904,
4030220; 655999, 4030140; 655999, 4029880; 654381, 4029810; 654381,
4029730; 654236, 4029680; 654093, 4029660; 653886, 4029650; 653594,
4029550; 653609, 4029810; 653580, 4030090.
(ii) Map Unit J follows.
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* * * * *
Dated: May 17, 2002.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-13065 Filed 5-28-02; 8:45 am]
BILLING CODE 4310-55-C