77962 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R8–ES–2009–0072; 

92210–1117–0000–B4] 

RIN 1018–AW23 

Endangered and Threatened Wildlife 

and Plants; Revised Critical Habitat for 

Santa Ana Sucker 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), designate 

critical habitat for Santa Ana sucker 

(Catostomus santaanae) under the 

Endangered Species Act of 1973, as 

amended. In total, approximately 9,331 

acres (3,776 hectares) of habitat in the 

Santa Ana River in San Bernardino, 

Riverside, and Orange Counties and the 

San Gabriel River and Big Tujunga 

Creek in Los Angeles County in 

southern California fall within the 

boundaries of the critical habitat 

designation. This final revised 

designation constitutes an overall 

increase of approximately 1,026 acres 

(415 hectares) from the 2005 designation 

of critical habitat for Santa Ana sucker. 

DATES: This rule becomes effective on 

January 13, 2011. 

ADDRESSES: This final rule and the 

associated final economic analysis are 

available on the Internet at http:// 

www.regulations.gov and http:// 

www.fws.gov/carlsbad/. Comments and 

materials received, as well as supporting 

documentation used in preparing this 

final rule are available for public 

inspection, by appointment, during 

normal business hours, at the U.S. Fish 

and Wildlife Service, Carlsbad Fish and 

Wildlife Office, 6010 Hidden Valley 

Road, Suite 101, Carlsbad, CA 92011; 

telephone 760–431–9440; facsimile 

760–431–5901. 

FOR FURTHER INFORMATION CONTACT: Jim 

Bartel, Field Supervisor, U.S. Fish and 

Wildlife Service, Carlsbad Fish and 

Wildlife Office, 6010 Hidden Valley 

Road, Suite 101, Carlsbad, CA 92011; 

telephone 760–431–9440; facsimile 

(760) 760– 431–5901. If you use a 

telecommunications device for the deaf 

(TDD), call the Federal Information 

Relay Service (FIRS) at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

It is our intent to discuss only those 

topics directly relevant to the 

development and designation of revised 

critical habitat for Santa Ana sucker in 

this final rule. In the proposed rule (74 

FR 65056; December 9, 2009) and the 

document that made available the draft 

economic analysis (DEA) (75 FR 38441; 

July 2, 2010), we stated that there was 

new information on the distribution of 

Santa Ana sucker and its habitat within 

the Santa Ana River that we did not 

discuss in the 2005 final critical habitat 

designation for this species (70 FR 425; 

January 4, 2005). As a result of public 

comments on this new information, we 

are providing clarification of this 

information in the Habitat and 

Geographic Range and Status sections of 

this final rule. Additionally, we 

incorporated information from recent 

surveys in the Santa Ana River (see 

Geographic Range and Status section) 

and new information on the hydrology 

and flow regime of the Santa Ana River 

(see Sites for Breeding, Reproduction, 

and Rearing (or Development) of 

Offspring section). No new information 

pertaining to the species’ description, 

life history, or ecology was received 

following the 2009 proposed revised 

rule and the document that made 

available the DEA. For more information 

on Santa Ana sucker, refer to the final 

listing rule published in the Federal 

Register on April 12, 2000 (65 FR 

19686); the designation and revision of 

critical habitat published in the Federal 

Register on February 26, 2004 (69 FR 

8839), and on January 4, 2005 (70 FR 

425), respectively; the proposed revised 

critical habitat published in the Federal 

Register on December 9, 2009 (74 FR 

65056); and the document that made 

available the DEA published in the 

Federal Register on July 2, 2010 (75 FR 

38441). 

Habitat 

As discussed in detail in the Habitat 

section of the proposed revised critical 

habitat rule (74 FR 65056; December 9, 

2009), Santa Ana sucker requires 

various substrate types throughout 

different stages of its life. The presence 

of coarse substrates, including gravel, 

cobble, and a mixture of gravel or cobble 

with sand, and a combination of 

shallow riffle areas and deeper runs and 

pools provide optimal stream conditions 

(Haglund et al. 2001, p. 60; Haglund and 

Baskin 2003, p. 55). Areas of shifting 

sandy substrates are less suitable for 

development of algae, an important food 

source for suckers (Saiki et al. 2007, p. 

98). Therefore, an integrated water 

system that contains and provides the 

appropriate quantity of coarse substrates 

such as gravel, larger cobbles, or 

boulders that provide the space for 

reproductive development and growth 

of algae as a primary food source is 

important for a viable population of 

Santa Ana suckers. 

Saiki et al. (2007, p. 98) indicates that 

the San Gabriel River supports higher 

body condition Santa Ana suckers (as 

described by their higher length-weight 

relationship) and greater availability of 

various habitat types than the Santa Ana 

River. They state that the San Gabriel 

River generally contains a higher 

abundance of Santa Ana suckers and 

larger individuals, which may be 

attributed to more suitable habitat 

characters such as cooler water 

temperature, intermediate water 

velocities, and commonality of pools 

and riffles with coarser bottom 

substrates, all of which may contribute 

to a better functioning system and more 

suitable habitat for Santa Ana suckers 

(Saiki et al. 2007, pp. 99–100). 

In the San Gabriel River, there are 

some distinct differences between the 

three forks of the river (north, west, and 

east), which seem to correlate with both 

fish abundance and life stage occupancy 

(Tennant 2006, pp. 4–5, 9). Overall, the 

water condition (i.e., lower temperature, 

lower specific conductance, and lower 

turbidity) and habitat available in the 

San Gabriel River system appear to be 

primary reasons that Santa Ana suckers 

are in higher abundance and better 

condition compared to those in the 

Santa Ana River, although other 

variables (i.e., stream width or depth) 

may also influence the species’ 

abundance and condition. For example, 

in the Santa Ana River, the predominate 

riparian vegetation is the nonnative 

species Arundo donax (giant reed). In 

Big Tujunga Creek, A. donax can be 

common in the lower reaches (Baskin 

and Haglund 1999, p. 11; Saiki 2000, 

pp. 62–80). In the San Gabriel River, 

this nonnative plant is rarely found, and 

the riparian vegetation consists of 

primarily native vegetation or may be 

bare due to the steeper, mountainous 

terrain (Saiki 2000, pp. 18–19; Saiki et 

al. 2007, p. 90). Native riparian 

vegetation provides cover and shelter 

from predators, which is essential for 

juvenile and adult Santa Ana suckers 

(see Primary Constituent Elements— 

Cover and Shelter and Primary 

Constituent Elements for Santa Ana 

Sucker below). Arundo donax is an 

aquatic plant in the genus of perennial 

reed-like grasses (Poaceae) and is often 

found growing along lakes, streams, and 

other wetted areas. Compared to other 

riparian vegetation, it is known to use 

excessive amounts of water to supply its 

exceptionally high growth rates (Bell 

1997, p. 104) and could crowd out 

native riparian vegetation or possibly 

lower the water table (Zembal and 

Hoffman 2000, p. 66). In areas where A. 


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donax is common, flows may become 

diminished and sandy pools may form. 

Slow-moving flows and formation of 

pools are preferred habitat for nonnative 

predators such as largemouth bass 

(Micropterus salmoides) and green 

sunfish (Lepomis cyanellus), which 

have been suggested to prey heavily on 

Santa Ana suckers. The effects of A. 

donax presence may negatively affect 

Santa Ana sucker by altering the 

instream habitat and, may also provide 

habitat for nonnative predators. 

However, these types of impacts would 

need to be evaluated within the context 

of potential threats to the Santa Ana 

sucker. 

The unmodified and unpolluted 

habitat in the San Gabriel River 

supports what appears to be a healthier 

and more viable population of Santa 

Ana sucker. Habitat assessments 

conducted throughout the Big Tujunga 

Creek indicate that the habitat 

suitability is variable throughout the 

system; however, the river does contain 

areas that are suitable for all Santa Ana 

sucker life stages (LACDPW 2009, 

Google Earth kmz file). It is likely that 

because of the variability in habitat 

suitability, the density of Santa Ana 

suckers in the Big Tujunga Creek is 

patchy and often low (Ecorp Consulting 

2010a, p. 5; Haglund and Baskin 2010, 

pp. 5–6). 

Santa Ana sucker habitat may be 

impacted as a result of wildfires. 

Impacts associated with wildfires may 

occur immediately or may not become 

apparent until much later. Immediate 

impacts may include the loss of upland 

and riparian vegetation and creation of 

roads for fire-fighting, which may allow 

greater access to streambeds and 

facilitate increased Off Highway Vehicle 

(OHV) use, resulting in further habitat 

degradation (USGS 2009, p. 7). 

Excessive debris flows and changes to 

water quality are anticipated to occur 

during seasonal rains over the next 

several years in the Big Tujunga Creek 

and surrounding San Gabriel Mountains 

(USGS 2009, p. 7). Anticipated post-fire 

impacts to streams within the critical 

habitat designation for Santa Ana sucker 

include ash and debris deposition that 

may physically alter streambeds and 

pools, increased scouring of riparian 

and aquatic vegetation, and increased 

water temperature from the short-term 

loss of canopy shading (USFS 2009, p. 

5). Post-fire impacts to water quality 

(such as increased turbidity) are also 

anticipated along with release and 

mobilization of toxic chemicals such as 

gas, oil, and building materials from 

burned structures and their contents 

(USFS 2009, p. 6). The impacts 

associated with post-fire winter flows 

include but are not limited to changes 

in sediment composition, high flows 

that flush Santa Ana suckers into 

unsuitable habitats, and changes in 

water quality (such as increased 

turbidity and the introduction of 

chemicals from debris and fire 

retardant). 

Recreational uses of streams may pose 

significant impacts to Santa Ana sucker 

habitat. Throughout the drainage 

systems where Santa Ana suckers 

persist, there are varying levels of 

recreational use. On U.S. Forest Service 

lands, recreational pressures may be 

considerable. Permanent or intermittent 

dams are frequently created for 

recreational purposes, such as those 

used for suction dredging or bathing. 

These dams may degrade instream and 

bank habitat, decrease water quality by 

increasing turbidity (affect PCE 4), 

disrupt sediment transport (affect PCEs 

1 and 2), impede upstream movement, 

degrade habitat by slowing water 

velocities (affect PCE 3), increase water 

temperatures (affect PCE 5), and 

encourage excessive growth of algae 

(Ally 2003, p. 3). In addition, 

presumably, since water depths increase 

and velocities decrease, these areas may 

harbor nonnative predators (Ally 2003, 

p. 1; Chambers Group 2004, p. 6–4). 

Recreational residences located within 

the riparian area of the San Gabriel 

River and Big Tujunga Creek may 

impact Santa Ana sucker because of the 

improperly functioning septic systems 

at these residences which can degrade 

water quality conditions by increasing 

water turbidity (PCE 4) as a result of the 

increased nutrient loads in the water 

(USFS 2007, p. 18), which lead to 

excessive algal growth. 

Geographic Range and Status 

As discussed in detail in the 

Geographic Range and Status section of 

the proposed revised rule (74 FR 65056; 

December 9, 2009), genetic introgression 

(when a hybrid breeds with one of the 

parent species) has been detected in 

both Santa Ana sucker and Owens 

sucker (Catostomus fumeiventris) 

within the Santa Clara River (Ferguson 

2009, p. 1; Chabot et al. 2009, p. 24), 

indicating that hybridization between 

these two species has occurred. Moyle 

(2002, p. 184) and Chabot et al. (2009, 

p. 1) recently described hybridization of 

Santa Ana sucker with Owens sucker in 

the lower Santa Clara River in the 

vicinity of Fillmore and Sespe Creek. As 

stated in the proposed revised critical 

habitat rule (74 FR 65056; December 9, 

2009), a genetic analysis of the 

populations in all four watersheds 

would provide information on the status 

of the fish throughout the range, 

including whether the Santa Clara 

population is native, introduced, or 

hybridized. However, this analysis has 

not been completed to date. Researcher 

and species’ expert opinions on the 

status of the population in the Santa 

Clara River vary widely. Additional 

research is needed to determine the 

impact and extent of hybridization on 

genetically pure Santa Ana sucker in the 

Santa Clara River. Given the lack of new 

genetic information to help us 

determine whether Santa Ana suckers in 

the Santa Clara River are native or 

introduced, as well as a lack of 

information on the impact and extent of 

hybridization on genetically pure Santa 

Ana sucker, we continue to adhere to 

our 2000 decision not to include the 

Santa Clara River population of the 

Santa Ana sucker as part of the listed 

entity. Therefore, the Santa Clara River 

area was not included in the proposed 

revision to critical habitat or this final 

rule. 

The Santa Ana sucker is considered a 

listed species in the Los Angeles, San 

Gabriel, and Santa Ana River drainages 

(Service 2000, pp. 19686–19687). 

Additionally, the listing rule states that 

Arroyo Tesquesquite, Sunnyslope 

Creek, Anza Park Drain, and the lower 

outlet of Hidden Valley Drain are used 

for spawning and nurseries (Service 

2000, p. 19687), and therefore Santa 

Ana sucker in those areas are 

considered part of the listed entity. The 

historical survey records for this species 

are not considered complete, and the 

precise areas occupied by the species 

are difficult to determine with certainty 

because not all areas were surveyed 

exhaustively and distribution literature 

states that the Los Angeles, San Gabriel, 

and Santa Ana River drainages as a 

whole were occupied (Moyle 2002, p. 

183; Greenfield et al. 1970, p. 166; 

Smith 1966, pp. 53–56). In particular, 

the upper limit of habitat occupied by 

the Santa Ana sucker within each of the 

Los Angeles, San Gabriel, and Santa 

Ana River drainages is difficult to 

determine. However, as we note in our 

analysis of criteria used to define 

critical habitat (see Criteria Used To 

Identify Critical Habitat section below), 

Santa Ana suckers have not been 

observed in streams or rivers where the 

instream gradient exceeds 7 degrees. 

Even in areas where the stream gradient 

is less than 7 degrees, the upper limits 

of occupied habitat within the drainages 

likely have varied through time because 

of the dynamic nature of these drainage 

systems. Portions of streams may dry 

out in some years while the same area 

may become occupied by Santa Ana 

suckers in subsequent years due to the 


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presence of water (Baskin et al. 2005, 

pp. 1–2). 

The current status of Santa Ana 

sucker in the Santa Ana River appears 

to be declining. In 2009, the lowest 

Santa Ana sucker density since 

sampling began in 2001was reported by 

the Santa Ana Sucker Conservation 

Program Team (Team). Although 

densities of Santa Ana sucker have been 

variable from year to year, the overall 

density trend in the Santa Ana River is 

decreasing (SMEA 2009, p. 2). Recent 

research conducted by Thompson et al. 

(2010, pp. 321–332) indicates that the 

areas in the Santa Ana River with the 

highest quality habitat (gravel and 

cobbles) available for adult, juvenile, 

and larval stages of Santa Ana sucker 

occur just downstream of Riverside 

Avenue near the Riverside–San 

Bernardino County line. Further, they 

believe Santa Ana sucker abundance is 

directly related to the abundance of 

cobbles and gravel and that the lower 

portion of the survey area contains little 

to no suitable substrates (Thompson et 

al. 2010, pp. 328–331). Monitoring and 

research results from both the Team 

(SMEA 2009, pp. 1–5) and Thompson et 

al. (2010, pp. 328–330) show that low 

abundance of suitable habitat is 

correlated with low Santa Ana sucker 

abundance, indicating that altered 

fluvial processes (i.e., diminished 

transport of water and coarse 

sediments), lack of suitable substrate, 

and impediments to movement continue 

to fragment much of the current 

distribution of Santa Ana sucker in the 

Santa Ana River watershed. 

Recent survey reports from the West 

Fork of the San Gabriel River indicate 

that there may be a decreasing trend in 

Santa Ana sucker population (Ecorp Inc. 

2007, p. 9; Ecorp Inc. 2010b, p. 9). 

Monitoring of the West Fork of the San 

Gabriel River within and outside of the 

off-highway vehicle (OHV) area has 

indicated that Santa Ana sucker is 

generally more abundant at the control 

sites than in the OHV area (Haglund and 

Baskin 2002, pp. 9–15; Ecorp Inc. 2007, 

p. 9; Ecorp Inc. 2010b, p. 9). However, 

during the 2009 monitoring period, very 

low numbers of Santa Ana suckers and 

hundreds of nonnative predators were 

captured at all sites within the study 

area (Ecorp Inc. 2010b, p. 9). The report 

postulates that the flood basin of the 

San Gabriel Dam was full and flooded 

into areas where Santa Ana suckers are 

normally present; however, water 

quality measurements do not indicate 

any measureable change (Ecorp Inc. 

2010b, p. 7). It is possible that the 

operations of the Cogswell and San 

Gabriel Dams have impacted the habitat 

suitability for Santa Ana sucker, and, in 

turn, abundance has decreased in the 

West Fork of the San Gabriel River. 

More information is needed to evaluate 

the status of Santa Ana sucker in the 

West Fork of the San Gabriel River. 

Previous Federal Actions 

Santa Ana sucker was listed as a 

threatened species under the 

Endangered Species Act of 1973, as 

amended (Act; 16 U.S.C. 1531 et seq.) 

on April 12, 2000 (65 FR 19686), in the 

Los Angeles River basin, San Gabriel 

River basin, and Santa Ana River basin. 

A fourth population in the Santa Clara 

River was not listed because it was 

presumed to be introduced into that 

watershed. Critical habitat was 

designated on January 4, 2005 (70 FR 

425). 

On November 15, 2007, California 

Trout, Inc., the California–Nevada 

Chapter of the American Fisheries 

Society, the Center for Biological 

Diversity, and the Friends of the River 

filed suit against the Service alleging the 

2005 final designation of critical habitat 

violated provisions of the Act and 

Administrative Procedure Act 

[(California Trout, Inc., et al., v. United 

States Fish and Wildlife, et al., Case No. 

07–CV–05798 (N.D. Cal.) transferred 

Case No. CV 08–4811 (C.D. Cal.)]. We 

entered into a stipulated settlement 

agreement with plaintiffs that was 

approved by the district court on 

January 21, 2009. 

The stipulated agreement required 

that we submit a proposed revised 

critical habitat for the Santa Ana sucker 

to the Federal Register by December 1, 

2009, and a final revised critical habitat 

by December 1, 2010. On December 9, 

2009, we published in the Federal 

Register a proposed revised critical 

habitat for the Santa Ana sucker (74 FR 

65056). On July 2, 2010, we published 

a notice in the Federal Register 

reopening the comment period on the 

proposed rule and making available the 

DEA (75 FR 38441). With this final rule, 

we are submitting a final revised critical 

habitat designation to the Federal 

Register by December 1, 2010, in 

accordance with the stipulated 

agreement. For additional information, 

please see the Previous Federal Actions 

section of the proposed rule (74 FR 

65056; December 9, 2009). 

Critical Habitat 

Background 

Critical habitat is defined in section 3 

of the Act as: 

(i) The specific areas within the 

geographical area occupied by a species, 

at the time it is listed in accordance 

with the Act, on which are found those 

physical or biological features 

(I) Essential to the conservation of the 

species and 

(II) That may require special 

management considerations or 

protection; and 

(ii) Specific areas outside the 

geographical area occupied by a species 

at the time it is listed, upon a 

determination that such areas are 

essential for the conservation of the 

species. 

Conservation, as defined under 

section 3 of the Act, means the use of 

all methods and procedures that are 

necessary to bring any endangered or 

threatened species to the point at which 

the measures provided under the Act 

are no longer necessary. Such methods 

and procedures include, but are not 

limited to, all activities associated with 

scientific resources management such as 

research, census, law enforcement, 

habitat acquisition and maintenance, 

propagation, live trapping, 

transplantation, and in the 

extraordinary case where population 

pressures within a given ecosystem 

cannot otherwise be relieved, may 

include regulated taking. 

Critical habitat receives protection 

under section 7(a)(2) of the Act through 

the prohibition against Federal agencies 

carrying out, funding, or authorizing the 

destruction or adverse modification of 

critical habitat. Section 7(a)(2) of the Act 

requires consultation on Federal actions 

that may affect critical habitat. The 

designation of critical habitat does not 

affect land ownership or establish a 

refuge, wilderness, reserve, preserve, or 

other conservation area. Such 

designation does not allow the 

government or public to access private 

lands. Such designation does not 

require implementation of restoration, 

recovery, or enhancement measures by 

private landowners. Where a landowner 

requests Federal agency funding or 

authorization for an action that may 

affect a listed species or critical habitat, 

the consultation requirements of section 

7(a)(2) of the Act would apply, but even 

in the event of a destruction or adverse 

modification finding, the landowner’s 

obligation is not to restore or recover the 

species, but to implement reasonable 

and prudent alternatives to avoid 

destruction or adverse modification of 

critical habitat. 

For inclusion in a critical habitat 

designation, the habitat within the 

geographical area occupied by the 

species at the time it was listed must 

contain the physical and biological 

features essential to the conservation of 

the species, and be included if those 

features may require special 


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management considerations or 

protection. Critical habitat designations 

identify, to the extent known using the 

best scientific and commercial data 

available, habitat areas that provide 

essential life cycle needs of the species 

(areas on which are found the physical 

and biological features laid out in the 

appropriate quantity and spatial 

arrangement essential to the 

conservation of the species). Under the 

Act and regulations at 50 CFR 424.12, 

we can designate critical habitat in areas 

outside the geographical area occupied 

by the species at the time it is listed 

only when we determine that those 

areas are essential for the conservation 

of the species and that designation 

limited to those areas occupied at the 

time of listing would be inadequate to 

ensure the conservation of the species. 

Section 4 of the Act requires that we 

designate critical habitat on the basis of 

the best scientific and commercial data 

available. Further, our Policy on 

Information Standards Under the 

Endangered Species Act (published in 

the Federal Register on July 1, 1994 (59 

FR 34271), the Information Quality Act 

(section 515 of the Treasury and General 

Government Appropriations Act for 

Fiscal Year 2001 (Pub. L. 106–554; H.R. 

5658), and our associated Information 

Quality Guidelines provide criteria, 

establish procedures, and provide 

guidance to ensure that our decisions 

are based on the best scientific data 

available. They require our biologists, to 

the extent consistent with the Act and 

with the use of the best scientific data 

available, to use primary and original 

sources of information as the basis for 

recommendations to designate critical 

habitat. 

When we are determining which areas 

should be designated as critical habitat, 

our primary source of information is 

generally the information developed 

during the listing process for the 

species. Additional information sources 

may include the recovery plan for the 

species, articles in peer-reviewed 

journals, conservation plans developed 

by States and counties, scientific status 

surveys and studies, biological 

assessments, or other unpublished 

materials and expert opinion or 

personal knowledge. 

Habitat is often dynamic, and species 

may move from one area to another over 

time. Furthermore, we recognize that 

critical habitat designated at a particular 

point in time may not include all habitat 

areas that we may later determine are 

necessary for the recovery of the 

species. For these reasons, a critical 

habitat designation does not signal that 

habitat outside the designated area is 

unimportant or may not be required for 

recovery of the species. 

Areas that are important to the 

conservation of the species, but are 

outside the critical habitat designation, 

will continue to be subject to 

conservation actions we implement 

under section 7(a)(1) of the Act. Areas 

that support populations are also subject 

to the regulatory protections afforded by 

the section 7(a)(2) jeopardy standard, as 

determined on the basis of the best 

available scientific information at the 

time of the agency action. Federally 

funded or permitted projects affecting 

listed species outside their designated 

critical habitat areas may still result in 

jeopardy findings in some cases. 

Similarly, critical habitat designations 

made on the basis of the best available 

information at the time of designation 

will not control the direction and 

substance of future recovery plans, 

habitat conservation plans (HCPs), or 

other species conservation planning 

efforts if information available at the 

time of these planning efforts calls for 

a different outcome. 

Physical and Biological Features 

In accordance with section 3(5)(A)(i) 

and 4(b)(1)(A) of the Act and the 

regulations at 50 CFR 424.12, in 

determining which areas within the 

geographical area occupied by the 

species at the time of listing to designate 

as critical habitat, we consider the 

physical and biological features 

essential to the conservation of the 

species which may require special 

management considerations or 

protection. These include, but are not 

limited to: 

1. Space for individual and 

population growth and for normal 

behavior; 

2. Food, water, air, light, minerals, or 

other nutritional or physiological 

requirements; 

3. Cover or shelter; 

4. Sites for breeding, reproduction, 

and rearing (or development) of 

offspring; and 

5. Habitats that are protected from 

disturbance or are representative of the 

historic, geographical, and ecological 

distributions of a species. 

We consider the specific physical and 

biological features essential to the 

conservation of the species laid out in 

the appropriate quantity and spatial 

arrangement for the conservation of the 

species. We derive the specific physical 

and biological features for Santa Ana 

sucker from the biological needs of this 

species as described in the Critical 

Habitat section of the proposed rule to 

designate critical habitat for Santa Ana 

sucker, which published in the Federal 

Register on December 9, 2009 (74 FR 

65056). 

Based on the needs and our current 

knowledge of the life-history, biology, 

and ecology of the species and the 

habitat requirements for sustaining the 

essential life history functions of the 

species, we determined that Santa Ana 

sucker’s physical and biological features 

consist of flowing stream habitat (see 

Primary Constituent Elements section 

for further discussion). However, some 

portions of this habitat may experience 

significant reductions in, or an absence 

of, surface flows during certain portions 

of the year (such as during summer 

months) or under certain conditions 

(such as during severe droughts or when 

artificial sources of water are 

temporarily suspended). Some areas 

that we consider essential to the 

conservation of Santa Ana sucker may 

not experience flows except during 

major storms events. However, these 

areas are critically important 

components of naturally occurring 

hydrologic and geologic processes 

because they provide a connected 

hydrologic system within the historical 

range of this species. We have attempted 

to capture the dynamic nature and 

importance of these processes in 

identifying the habitat upon which 

Santa Ana sucker depends. 

Habitats That Are Representative of the 

Historic Geographical and Ecological 

Distribution of the Species 

Santa Ana sucker inhabits flowing 

streams, and has not been collected 

from reservoirs (Swift 2001, p. 15; 

Moyle 2002, p. 184). Water depths and 

velocities, as well as bed substrates, 

vary over the reaches of these streams 

creating various habitat features 

including: 

1. Moderate currents over a uniform, 

unbroken stream bottom (i.e., runs); 

2. Water flowing over gravel and 

cobble substrates that causes ripples to 

form on the surface of the water (i.e., 

riffles); and 

3. Deep water areas created by 

submerged boulders where water is cool 

and relatively still (i.e., pools). 

Streams in southern California are 

subject to periodic, severe flooding that 

alters channel configuration, instream 

habitat conditions, and vegetation 

structure (Moyle 2002, p. 183). Hence, 

as stream conditions change, the 

characteristics of stream and bank 

habitats and their suitability for Santa 

Ana sucker change, influencing the 

distribution of the fish over time. 

Therefore, even stream reaches where 

flows may periodically be interrupted or 

dewatered become essential during 

periods of high flows to allow Santa 


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Ana suckers to move between other 

habitat areas necessary for breeding, 

feeding, and sheltering. 

Gravel beds in shallow, but clear, 

flowing stream reaches are needed for 

spawning. Shallow areas with sandy 

substrates and overhanging vegetation 

are needed to support larvae and fry. 

Juvenile and adult Santa Ana suckers 

require deeper pools of water for 

foraging, shelter during storms, and 

cover. 

Santa Ana sucker prefers cool water 

temperatures but has been found in 

waters between 59 and 82 °Fahrenheit 

(F) (15 and 28 °Celsius (C)) in the Santa 

Ana River (Swift 2001, p. 18). Cooler 

water temperatures are only maintained 

in some areas by the upwelling of cooler 

groundwater, tributary flows, or shade 

from overhanging vegetation. 

Overhanging and instream vegetation 

are also needed for the development of 

an aquatic invertebrate community to 

supply food for adult suckers as well as 

for protective cover, and shade, which 

reduces water temperature during 

summer and fall months. Therefore, a 

complex and integrated stream system is 

needed that: (1) Encompasses sand, 

gravel, cobble, and rock substrates; (2) 

harbors diverse bed morphologies found 

in deep canyons and alluvial 

floodplains; (3) provides varying water 

depths and velocities; (4) contains 

tributaries that provide fish with areas 

of refuge (refugia) from predators and 

during floods and that can also provide 

suitable breeding habitat; and (5) 

harbors sources of coarse sediment for 

renewal of substrate in occupied areas. 

The primary constituent elements 

(PCEs; see Primary Constituent 

Elements for Santa Ana Sucker section 

for detailed discussion) and the 

resulting physical and biological 

features essential to the conservation of 

Santa Ana sucker are derived from 

studies of this species’ habitat, ecology, 

and life history as described below, in 

the Background section of the proposed 

revised rule published in the Federal 

Register on December 9, 2009 (74 FR 

65056), in the final listing rule 

published in the Federal Register on 

April 12, 2000 (65 FR 19686), in the 

final critical habitat designation 

published in the Federal Register on 

February 26, 2004 (69 FR 8839), and in 

the final revised critical habitat 

designation published in the Federal 

Register on January 4, 2005 (70 FR 425). 

Space for Individual and Population 

Growth and for Normal Behavior 

Santa Ana suckers use various water 

depths, depending on their life-history 

stage and activity, and do not occupy all 

reaches of their habitat at any one time 

(Saiki 2000, p. 19; Haglund and Baskin 

2003, p. 53). Larval- and early-stage 

juvenile Santa Ana suckers prefer the 

shallow margins of streams in water of 

2 to 4 inches (in) (5 to 10 centimeters 

(cm) in depth; as fish mature, they move 

into deeper water. Adults prefer deep 

pools for feeding and seeking refuge, 

riffles of varying depths for spawning, 

and riffles and runs of varying depths 

for movement between pools (Haglund 

et al. 2003, p. 102). For example, in the 

Santa Ana River, adult Santa Ana 

suckers have been found in diverse 

habitat areas, including shallow runs of 

less than 4 in (10 cm) in depth, in 

flowing water up to 5 feet (ft) (150 cm) 

deep (Saiki 2000, p. 19; Swift 2001, p. 

66), and in pools 6 to 10 ft (200 to 300 

cm) deep (Allen 2004). They have been 

found in similarly varying water depths 

in the San Gabriel River (Saiki 2000, p. 

48), and Saiki speculates that their 

capture in these various depths is 

reflective of their ability to take 

advantage of a variety of habitat 

conditions (2000, p. 25). Flows within 

occupied habitat areas may occasionally 

become very shallow due to seasonal 

reductions in flow volumes or be 

interrupted as a result of dam operations 

or releases from wastewater treatment 

plants (such as in the Santa Ana River) 

in some portions of a stream reach. 

When stream depth is significantly 

reduced, deep pools become a critically 

important refuge for fish. 

Surface water flows must be present 

within the stream, but water velocities 

where Santa Ana suckers occur can vary 

from slight to swift (Haglund and Baskin 

2003, p. 2). Larvae and fry congregate 

exclusively in almost-still waters, not 

moving into swifter currents until they 

have matured into later juvenile stages 

(Swift 2001, pp. 17–18). Swift (2001, p. 

61) suggests that juvenile fish prefer 

areas with less water-velocity than do 

adults because they can expend less 

energy maintaining their position in the 

stream. Adult and juvenile Santa Ana 

suckers in the San Gabriel River have 

been found in waters with bottom 

velocities ranging from 0.17 to 0.51 ft 

per second (0.05 and 0.15 m per second) 

and mid-column velocities reaching 

1.95 ft per second (0.6 m per second) 

(Haglund and Baskin 2002, pp. 38–39). 

Haglund and Baskin (2003, pp. 39 and 

53) concluded that there was no evident 

pattern in the locations Santa Ana 

suckers selected relative to water 

velocity and suggested that they 

preferentially seek out locations that 

provide the best combination of habitat 

parameters. In the Santa Ana River, 

Santa Ana suckers have been found in 

areas with water velocities of up to 2.4 

ft per second (0.74 m per second) where 

wastewater discharges and 

channelization of the river bed increase 

water velocity (Saiki 2000, pp. 18–19). 

Stream beds containing the mosaic of 

rock, cobble, and gravel preferred by 

Santa Ana suckers are most prevalent in 

the San Gabriel River (Saiki 2000, pp. 

18–19). Within the Santa Ana River, 

shifting sands are the primary substrate 

constituent upstream of the Prado Basin. 

In the Santa Ana River bed, substrates 

containing at least 10 percent gravel, 

cobble, and rock were documented for 

a distance of 7 mi (12.3 km) downstream 

from the Rialto Drain in 1999 and 2000 

(Swift 2001, pp. 4, 68–75). Habitat 

assessments conducted between 2006 

and 2008 indicated that these substrates 

fluctuated from 2.6 to 6.0 mi (4.2 to 9.6 

km) downstream of the Rialto Drain 

(Thompson et al. 2010, p. 328). 

The distribution of Santa Ana suckers 

across streams varies depending upon 

bed conditions and stream depth. Santa 

Ana suckers within the San Gabriel 

River are often found mid-channel 

adjacent to submerged cobble, boulders, 

or manmade structures such as culverts. 

In the Santa Ana River where the 

streambed is sandier, they are rarely 

found mid-channel, but rather adjacent 

to shoreline areas near rooted vegetation 

(Saiki 2000, pp. 25, 27). Where preferred 

habitat conditions are absent, Santa Ana 

suckers make use of available habitats 

that provide some of the same functions 

provided by preferred habitats (Saiki 

2000, p. 19). 

The distribution of Santa Ana suckers 

is also likely dependent on instream 

gradient. While several authors have 

acknowledged that this species cannot 

access high gradient areas, we are not 

aware of any research quantifying the 

maximum slope passable by Santa Ana 

suckers. In an attempt to estimate the 

maximum slope passable by the species, 

we used GIS to analyze the slopes 

associated with Santa Ana sucker 

occurrence polygons and points in our 

database for the Santa Ana River, San 

Gabriel River, and Big Tujunga Creek. 

Based on our analysis, Santa Ana 

suckers have not been found in areas 

where the instream slope exceeds 7 

degrees. This could be due to the 

species’ inability to swim up these 

higher gradients or due to the lack of 

suitable habitat in these areas as a result 

of higher water velocity and a 

subsequent lack of suitable spawning 

and feeding substrates or both. Also, the 

probability of encountering vertical 

barriers (such as waterfalls) increases as 

the overall slope across a given distance 

increases; therefore, even if habitat is 

suitable upstream, it may be 

inaccessible to the species. However, 


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more extensive analysis is needed to 

determine the gradient limitations of the 

species. 

A comparative analysis of suckers 

within the Santa Ana and San Gabriel 

Rivers revealed that only two cohorts 

are generally present within the Santa 

Ana River, compared with three in the 

San Gabriel River, indicating that few 

individual suckers live beyond their 

second year of life in the Santa Ana 

River (Saiki 2000, p. 13). No 

investigations have occurred to 

determine the relative lifespan or 

fecundity of Santa Ana suckers as they 

relate to habitat conditions. However, 

overall habitat conditions for Santa Ana 

suckers are generally better in the San 

Gabriel River than in the Santa Ana 

River, which is reflected in the overall 

greater abundance of fish and their 

better body condition in the San Gabriel 

River (Saiki 2000, pp. 18–28). 

Food, Water, Air, Light, Minerals, or 

Other Nutritional or Physiological 

Requirements 

Suckers (Family Catostomidae) are 

primarily bottom feeders, sucking up 

algae, small invertebrates, and organic 

detritus from gravel, cobble, rock, and 

other hard surfaces (Moyle 2002, p. 

179). Forage for adult Santa Ana suckers 

is also found in pools (Allen 2003, p. 6). 

Riparian vegetation and emergent 

aquatic vegetation provide additional 

sources of detritus and aquatic 

invertebrates such as insects (Leidy et 

al. 2001, p. 5–2). Insects may provide a 

high energy source of food for adult 

Santa Ana suckers (Saiki 2000, p. 23). In 

a comparative analysis of Santa Ana 

suckers in the Santa Ana and San 

Gabriel Rivers, Saiki (2000, pp. 27, 98) 

found that body condition (lengthweight relationship) of Santa Ana 

suckers in the San Gabriel River was 

better than that of fish in the Santa Ana 

River, possibly due to a greater 

abundance of food resources (including 

algae and insects) found on the rocky 

substrate in the San Gabriel River 

relative to the sandy substrate in the 

Santa Ana River. 

Although the specific tolerances to 

water quality variables have not been 

evaluated for Santa Ana sucker, water 

temperature, dissolved oxygen content, 

and turbidity (such as excessive detritus 

in the water column or protracted 

suspension of fine-grained sediments) 

are all important aspects of water 

quality that affect the physiology of fish 

(California Regional Water Quality 

Control Board (CRWQCB) 1995, pp. 4– 

1—4–15). This species has been found 

in waters between 59 and 82 °F (15 and 

28 °C) in the Santa Ana River (Swift 

2001, p. 18). Swift (2001, p. 34) states 

that although a lethal limit for water 

temperature is unknown, water 

temperatures much above 86 °F (30 °C) 

likely limit distribution and movement 

of this species. Santa Ana suckers are 

generally more abundant in the cooler 

waters of the San Gabriel River than 

they are in the warmer waters of the 

Santa Ana River (Saiki 2000, pp. 27–28). 

Researchers conclude that in addition to 

having poor habitat conditions such as 

sandy substrate and lack of instream 

cover, areas of the Santa Ana River may 

be devoid of Santa Ana suckers due to 

higher water temperatures (Chadwick 

and Associates, Inc. 1992, p. 37). 

Adequate dissolved oxygen is 

necessary for aquatic life and as water 

warms, its concentration of dissolved 

oxygen drops, stressing fish (CRWQCB 

1995, p. 4–3). In general, waters 

occupied by Santa Ana suckers are high 

in dissolved oxygen (Saiki 2000, pp. 18– 

19). 

Santa Ana suckers are more abundant 

in clear rather than in turbid (cloudy or 

hazy) water conditions (Saiki 2000, pp. 

28, 52; 2007, p. 95). This is most likely 

because suspended sediments interrupt 

light penetration through the water 

column, causing a reduction in algal 

growth and thus limiting the primary 

food source of Santa Ana sucker. 

However, while Santa Ana suckers 

likely avoid turbid waters when 

possible, they have been documented in 

turbid conditions on occasion (Haglund 

et al. 2002, p. 11). One measurement of 

turbidity is Nephelometric Turbidity 

Units (NTU), where turbidity level of 

1.0 NTU equals 1 milligram of 

particulate per liter of water. Saiki et al. 

(2007, pp. 95–96) found that Santa Ana 

suckers were more abundant in the San 

Gabriel River where turbidity averaged 

5.9 NTUs (ranging from 4.3 to 8.2 

NTUs), and less abundant but not absent 

in more turbid areas of the Santa Ana 

River where turbidity averaged 29 NTUs 

(ranging from 10.1 to 83.4 NTUs). 

However, Santa Ana suckers have been 

found in the Santa Ana River in an area 

where turbidity was measured between 

85 and 112 NTUs (Baskin and Haglund 

2001, p. 6). Saiki (2000, p. 25) 

speculates that fish occur under lessthan-optimal ambient conditions 

because they are using whatever habitat 

is available to them and cites these 

conditions as a possible reason for 

reduced abundance of Santa Ana 

suckers in the Santa Ana River relative 

to their abundance in the San Gabriel 

River. 

Multiple wastewater treatment plants 

discharge into the Santa Ana River and 

its tributaries and account for most of 

the dry-season flows within the river 

(CRWQCB 1995, pp. 1–7). The City of 

San Bernardino Municipal Water 

District’s Rapid Infiltration and 

Extraction Facility, Rialto Treatment 

Plant, and the City of Riverside Regional 

Water Quality Control Plant all 

discharge into the Santa Ana River. As 

a result of rising groundwater, nonpoint 

source urban runoff, and these 

wastewater discharges, perennial flows 

are maintained from the vicinity of the 

Rialto Drain and downstream. Although 

these discharges contain contaminants 

not found in natural runoff, there is no 

evidence that the concentrations of 

regulated compounds found in Santa 

Ana suckers in this river exceed mean 

concentrations found in freshwater fish 

in other areas of the United States (Saiki 

2000, p. 24). However, research has 

indicated that anthropogenic chemicals 

introduced into riverine systems may 

have lasting negative impacts on fish 

reproductive success (Service 2008, p. 

3). The specific impacts of residual 

chemicals in discharged treated 

wastewater (such as inorganic 

compounds, hydrocarbons, solvents, 

steroids, and hormones) are the subject 

of investigation for Santa Ana suckers 

(Service 2008, p. 2). 

Cover or Shelter 

Instream emergent and overhanging 

riparian vegetation along the banks of 

stream courses provide shade, shelter, 

and cover for fry, juvenile, and adult 

Santa Ana suckers. Shading is very 

important to Santa Ana suckers that 

inhabit shallow waters because it 

reduces water temperatures during 

periods of high summer ambient 

temperatures. A complex stream system 

including tributaries that contain 

submerged boulders, deep pools, and 

undercut banks provides cover and 

shelter for juvenile and adult Santa Ana 

suckers (Saiki et al. 2007, p. 99; Moyle 

et al. 1995, p. 202). Tributaries may 

provide important shallow-water refugia 

for larvae and fry from larger, predatory 

fish and act as refugia for juvenile and 

adult Santa Ana suckers during storms. 

Sites for Breeding, Reproduction, and 

Rearing (or Development) of Offspring 

Adult Santa Ana suckers spawn over 

gravel beds in flowing water (riffles) 

where the female deposits the eggs in 

fine gravel substrate. Substrate collected 

from two spawning locations in 

tributaries to the Santa Ana River 

consisted of gravel-sized particles 

ranging in diameter from 0.04 to 1.6 in 

(1.0 to 41.5 mm) (Haglund et al. 2001, 

p. 47). The presence of appropriately 

sized substrate allows for water flow 

around eggs to prevent sediment from 

depositing on and smothering the eggs. 

Eggs deposited on sand or silt are likely 


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to be washed downstream or be 

smothered. In addition to appropriate 

substrate, adequate water velocities are 

necessary to oxygenate eggs. 

Observations of Santa Ana sucker 

spawning have been reported in streams 

with bottom velocities of 0.65 and 0.77 

ft per second (0.20 and 0.23 m per 

second) (Haglund et al. 2003, p. 63). 

Once emerged from the eggs, Santa 

Ana sucker larvae congregate in 

shallow, slow-moving waters from 1 to 

5.5 in (3 to 14 cm) deep over very soft 

sand or mud substrate (Swift 2001, p. 

17; Haglund et al. 2002, pp. 69–71; 

Haglund et al. 2003, p. 11). This type of 

habitat is usually found along the 

margins of streams in proximity to 

emergent vegetation. Fry are found 

almost exclusively found in edgewater 

habitats over silt or sand in water 

depths of less than 7 in (17 cm) where 

there is little measurable flow; Haglund 

and Baskin (2003, p. 47) speculate this 

reduces access by larger predatory fish 

and, because shallow waters are 

warmer, may increase the growth rates 

of developing suckers. Juvenile fish 

move away from edgewater habitats and 

congregate at the interface of the almoststill waters at the adjacent bank-edge 

and the main stream flows (Swift 2001, 

pp. 17–18). By the end of their first 

summer, juvenile Santa Ana suckers 

move into deeper water habitats with 

adults, presumably because they are 

large enough to compete with adult 

suckers for forage (Swift 2001, p. 18). 

Tributaries may provide essential 

spawning habitat for the Santa Ana 

sucker, particularly in the Santa Ana 

River (Chadwick and Associates, Inc. 

1992, p. 49; Chadwick Ecological 

Consultants, Inc. 1996, p. 16; Haglund et 

al. 2002, pp. 54–60). An abundance of 

juvenile fish has been recorded in 

multiple tributaries in the Santa Ana 

River (such as the Tequesquite Arroyo 

and the Evans and Anza drains), and, 

hence, these have been considered 

possible spawning sites (Chadwick and 

Associates, Inc. 1992, p. 49). However, 

Swift (2001, p. 26) concluded that the 

species may be attracted to tributaries 

due to the relatively colder water 

temperatures found there. He stated that 

most tributaries to the Santa Ana River 

lack either suitable substrates or water 

velocities to support successful 

spawning. Swift (2001, p. 26) 

considered that only the Rialto Drain 

and Sunnyslope Creek provided habitat 

conditions suitable to support 

spawning. These sites are two of the few 

remaining areas containing gravel beds, 

and management may be required to 

maintain substrate conditions over time 

(Orange County Water District (OCWD) 

2009, pp. 6–4—6–5). 

In the hydrologically altered systems 

in which Santa Ana suckers exist, 

tributaries provide another essential 

function through contribution of water 

and coarse sediments into the mainstem 

of rivers. In typical unaltered stream 

systems periodic high flow events not 

only remove fine sand and silt that have 

covered up coarse sediments that are 

essential for breeding and foraging of 

Santa Ana sucker, they also deliver and 

replenish coarse sediments (i.e., gravel 

and cobble) to occupied areas from 

upstream sources. Historical records 

indicate that the upper Santa Ana River 

above Seven Oaks Dam was a principle 

contributor of sediment to the lower 

reaches of the Santa Ana River 

(Humphrey et al. 2004, p. 3). However, 

much of the input of gravel and cobble 

substrate to the lower reaches of the 

river has decreased since the 

construction and operation of the Seven 

Oaks Dam in the upper Santa Ana River. 

Therefore, tributaries are of even greater 

importance to ensure flow velocities 

that clear out silt and other fine 

sediments from occupied areas, and to 

replenish essential coarse sediment to 

the lower reaches of the Santa Ana 

River. A sediment transport study of the 

Santa Ana River (Humphrey et al. 2004, 

p. 2) indicates that historically the 

upper Santa Ana River (above Seven 

Oaks Dam), City Creek, Plunge Creek, 

and Mill Creek were significant 

contributors of coarse sediment to the 

occupied reaches of the Santa Ana 

River. However, currently City Creek 

and Mill Creek are the remaining 

contributors of coarse sediment into the 

occupied reaches of the Santa Ana River 

since the coarse sediment that was 

historically delivered by the upper 

Santa Ana River has been trapped 

behind Seven Oaks Dam and Plunge 

Creek now contains a settling basin that 

has been modified for mining. 

Therefore, these two tributaries are the 

only remaining significant sources of 

essential coarse sediment into the 

mainstem of the Santa Ana River below 

the Seven Oaks Dam, which supplies 

coarse sediment downstream to the 

occupied reaches of the river. 

Presumably there has been a 

reduction in transported cobble and 

gravel from the upper Santa Ana River 

because periodic high flow events have 

been controlled by Seven Oaks Dam, 

which has also trapped coarse sediment 

behind it. However, there has not been 

a similar reduction in fine sediments, 

such as silt and sand, to the lower 

reaches of the Santa Ana River 

(Humphrey et al. 2004, p. 5; Warrick 

and Rubin 2007, p. 3). Gravel and 

cobbles are essential coarse sediments 

for Santa Ana sucker spawning habitat 

(Moyle 2002, pp. 182–185). Fine sand 

and silt may be deposited on top of 

suitable coarse spawning sediment 

because flows have declined due to the 

altered fluvial process in the Santa Ana 

River. Tributaries and lower order 

streams (upstream areas) provide a 

source of water and coarse sediments 

that are transported downstream (to 

higher order streams) where the 

presence of water and coarse sediments 

are essential to the conservation of the 

species. Therefore, flows to clear out 

fine sand and silt from suitable 

spawning substrate (i.e., gravel and 

cobble) and flows to transport suitable 

materials from upstream sources for 

maintenance of spawning substrate are 

essential to the conservation of Santa 

Ana sucker. 

In the Santa Ana River, Humphrey et 

al. (2004, p. 7) states a critical flow of 

water of 4,000 cubic feet per second 

(cfs) or more is necessary to transport 

gravel and cobbles downstream and 

lower velocity flows (500–4,000 cfs) 

have the ability to move silt and other 

fine sediment that accumulates on top 

of suitable spawning substrates. The 

critical velocity necessary to move 

gravel and cobbles is variable depending 

on the conditions and location within 

the system. For example, during a test 

release of water from behind Seven 

Oaks Dam of approximately 2,500 cfs, 

boulder-sized rocks were observed 

moving within several hundred feet of 

the plunge pool (Wood 2010, pers. 

comm.). United States Geological 

Survey gauging stations along the Santa 

Ana River and City Creek indicate that 

there are flows sufficient to clear out 

fine sand and silt, and also flows that 

reach approximately 4,000 cfs and 

above that would deliver essential 

gravel and cobble substrates from 

upstream sources to downstream to 

occupied areas. These coarse sediments 

are a component of the physical and 

biological features essential to the 

conservation of the species (see Primary 

Constituent Elements for the Santa Ana 

Sucker below). In all three of the 

watersheds where Santa Ana sucker 

persists, the existence of dams has 

regulated flows and trapped sediments 

from being transported downstream. 

Therefore, sources of water and coarse 

sediments and the transport of these 

materials to occupied areas to create and 

maintain habitat conditions suitable for 

Santa Ana sucker breeding and foraging 

within these tributaries and lower order 

streams is essential to the conservation 

of the species. 


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Primary Constituent Elements (PCEs) 

for Santa Ana Sucker 

Under the Act and its implementing 

regulations, we are required to identify 

the physical and biological features 

within the geographical area occupied 

by Santa Ana sucker at the time of 

listing that are essential to the 

conservation of the species and which 

may require special management 

considerations or protection. The 

physical and biological features are 

those PCEs laid out in a specific spatial 

arrangement and quantity determined to 

be essential to the conservation of the 

species. We are designating critical 

habitat in areas within the geographical 

area that were occupied by the species 

at the time of listing that continue to be 

occupied, and that contain the PCEs in 

the quantity and spatial arrangement to 

support life-history functions essential 

to the conservation of the species. We 

are also designating areas outside the 

geographical area occupied by the 

species at the time of listing that are not 

occupied but are essential for the 

conservation of the species. See Criteria 

Used To Identify Critical Habitat section 

below for a discussion of the species’ 

geographic range. 

We believe conservation of Santa Ana 

sucker is dependent upon multiple 

factors, including the conservation and 

management of areas to maintain 

suitable ecological functions where 

existing populations survive and 

reproduce. The areas we are designating 

as critical habitat provide some or all of 

the physical or biological features 

essential for the conservation of this 

species. Based on the best available 

information, the PCEs essential to the 

conservation of Santa Ana sucker are 

the following: 

1. A functioning hydrological system 

within the historical geographic range of 

Santa Ana sucker that experiences peaks 

and ebbs in the water volume (either 

naturally or regulated) that encompasses 

areas that provide or contain sources of 

water and coarse sediment necessary to 

maintain all life stages of the species, 

including adults, juveniles, larvae, and 

eggs, in the riverine environment; 

2. Stream channel substrate consisting 

of a mosaic of loose sand, gravel, cobble, 

and boulder substrates in a series of 

riffles, runs, pools, and shallow sandy 

stream margins necessary to maintain 

various life stages of the species, 

including adults, juveniles, larvae, and 

eggs, in the riverine environment; 

3. Water depths greater than 1.2 in (3 

cm) and bottom water velocities greater 

than 0.01 ft per second (0.03 m per 

second); 

4. Clear or only occasionally turbid 

water; 

5. Water temperatures less than 86 °F 

(30 °C); 

6. Instream habitat that includes food 

sources (such as zooplankton, 

phytoplankton, and aquatic 

invertebrates), and associated vegetation 

such as aquatic emergent vegetation and 

adjacent riparian vegetation to provide: 

(a) Shading to reduce water temperature 

when ambient temperatures are high, (b) 

shelter during periods of high water 

velocity, and (c) protective cover from 

predators; and 

7. Areas within perennial stream 

courses that may be periodically 

dewatered, but that serve as connective 

corridors between occupied or 

seasonally occupied habitat and through 

which the species may move when the 

habitat is wetted. 

All occupied units designated as 

critical habitat contain the PCEs in the 

appropriate quantity and spatial 

arrangement essential to the 

conservation of this species and support 

multiple life processes for Santa Ana 

sucker. 

Special Management Considerations or 

Protection 

When designating critical habitat, we 

assess whether the specific areas within 

the geographical area occupied by the 

species at the time of listing contain the 

physical and biological features that are 

essential to the conservation of the 

species and may require special 

management considerations or 

protection. 

All areas included in this final critical 

habitat designation will require some 

level of management to address the 

current and future threats to the 

physical and biological features 

essential to the conservation of Santa 

Ana sucker. Special management 

considerations or protection may be 

required to minimize habitat 

destruction, degradation, and 

fragmentation associated with the 

following threats, among others: Water 

diversion; alteration of stream channels 

and watersheds; reduction of water 

quantity associated with urban 

development and human recreational 

activities, including swimming, and 

construction and operation of golf 

courses; and OHV use. For discussion of 

the threats to Santa Ana sucker and its 

habitat, please see the Summary of 

Comments and Recommendations and 

Summary of Factors Affecting the 

Species sections of the final listing rule 

(65 FR 19686; April 12, 2000) and the 

Public Comments and Critical Habitat 

Unit Descriptions sections of the 2005 

final critical habitat rule (70 FR 425; 

January 4, 2005). Please also see Critical 

Habitat Units section below for a 

discussion of the threats in each critical 

habitat unit. 

In addition to the threats to Santa Ana 

sucker and its habitat described in the 

final listing and previous critical habitat 

rules, the physical and biological 

features essential to the conservation of 

Santa Ana sucker may require special 

management considerations or 

protection to minimize habitat 

destruction, degradation, and 

fragmentation associated with the 

construction of dams, the operation of 

recreational residences, the construction 

of road crossings and bridges across 

waterways, nonnative vegetation and 

predators, the impacts of wildfires to 

riparian and instream conditions, and 

the degradation of water quality. 

Recreational Dams 

Artificial manmade dams are often 

constructed from boulders, logs, and 

trash to create pools within these rivers 

for fishing, swimming, wading, and 

bathing (Ally 2003, p. 1; Chambers 

Group 2004, p. 6–4). The construction of 

these ‘‘recreational’’ dams degrades 

instream and possibly bank habitat, 

increases turbidity (PCE 4), disrupts 

sediment transport, and impedes 

upstream movement of Santa Ana 

suckers, especially during droughts 

(Ally 2003, pp. 1–3), thereby 

fragmenting habitat connectivity within 

occupied habitat. During the spawning 

season, these dams cause instream 

disruptions that can bury gravel beds 

(PCE 2) used for spawning (Ally 2003, 

p. 1). Recreational dams can also further 

degrade habitat by slowing water 

velocities (PCE 3), increasing water 

temperatures (PCE 5), and encouraging 

excessive growth of algae (Ally 2003, p. 

3). In addition, presumably, because 

water depths increase and velocities 

decrease, these areas may harbor 

nonnative predators. Management 

activities that could ameliorate these 

threats include patrolling by 

enforcement officers or rangers 

throughout the accessible recreational 

areas within the critical habitat 

designation. Prevention of recreational 

dams will help protect the PCEs by 

ensuring the hydrologic system 

continues to function (PCE 1) by 

delivering cool, clear water with 

sufficient food sources (PCEs 2 through 

6) that are essential to the conservation 

of Santa Ana sucker. 

Recreational Residences 

The U.S. Forest Service (USFS) issues 

special use permits for the operation 

and maintenance of private recreational 

residences within the boundaries of the 


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Angeles National Forest along Big 

Tujunga Creek and the North and West 

Forks of the San Gabriel River. 

Improperly functioning septic systems 

at these residences can degrade water 

quality conditions by increasing water 

turbidity (PCE 4) as a result of the 

increased nutrient loads in the water 

(USFS 2007, p. 18), which lead to 

excessive algal growth. Management 

activities that could ameliorate these 

threats include limiting the number of 

allowable recreational residences and 

requiring that septic systems are 

properly functioning within areas that 

are hydrologically connected to areas 

designated as critical habitat. Limiting 

the number of residences and ensuring 

the proper function of their septic 

systems will help protect PCE 4 by 

preventing additional nutrient loads 

from entering the water and increasing 

water turbidity (PCE 4) to the detriment 

of Santa Ana sucker. 

Road Crossings and Bridges 

Road crossings and bridges 

constructed across waterways can 

impact Santa Ana sucker by creating 

permanent or intermittent barriers to 

upstream movement and fragmenting 

connective corridors between areas of 

occupied habitat (PCE 7). Bridge 

footings and pier protections (such as 

concrete aprons that span the waterway) 

accelerate water velocities (PCE 3) and, 

in the absence of sediment in the water 

(PCE 2), scour sediments from the 

streambed immediately downstream. 

With sufficient scouring, the elevation 

of the downstream bed of the stream 

may become so low that Santa Ana 

suckers cannot swim upstream from that 

point; scouring can also create pools 

that favor predatory nonnative fish. 

Culverts constructed under road 

crossings can act as barriers to 

movement when a culvert becomes 

filled in with sediment, reducing the 

amount of water (PCE 1) and sediment 

(PCE 2) that could be transported 

downstream. Drop structures that 

function as a support for road crossings 

or bridges as a result of gradient changes 

within the river may also create a 

temporary barrier to water and sediment 

transport and Santa Ana sucker 

movement. The extent, however, to 

which these structures constitute 

barriers depends on the quantity of 

water flowing and sediment transport in 

a given year and over time. For example, 

sediment-filled culverts that create a 

barrier to movement one year may be 

passable in another year if high water 

flows remove trapped sediments. Road 

crossings and bridges can also impact 

the species by altering the hydrology of 

the system (PCE 1), rerouting water flow 

into less suitable habitat. Management 

activities that could ameliorate these 

threats include modifying culverts or 

drop structures to ensure the connective 

corridor is maintained through a 

gradient that is passable by water and 

sediment and Santa Ana suckers (i.e., 7 

degrees as described in the Criteria Used 

To Identify Critical Habitat section) 

within the critical habitat designation. 

Maintenance of these corridors (PCE 7) 

and ensuring a passable gradient (PCE 1) 

will help protect the PCEs (2 through 5) 

that are essential to the conservation of 

Santa Ana sucker. 

Water and Sediment Transport or 

Removal 

The transport of both water and 

sediment are essential components to 

the conservation of Santa Ana sucker 

(PCEs 1 through 5). The presence of 

sufficient water and appropriate 

sediment may be impacted by 

operations attributed, but not limited to, 

dams operation of hydroelectric power 

facilities, water diversion, sediment 

removal, or flood control activities. 

Natural flow regimes have inevitably 

been impacted in the Santa Ana River, 

Los Angeles River, and San Gabriel 

River basins as a result of alterations 

such as dams, diversions, 

channelization, or other flood control 

activities. The impacts to Santa Ana 

sucker and its habitat attributable to 

these activities have yet to be fully 

described or understood. However, as 

these activities continue, there appear to 

be impacts to Santa Ana sucker and its 

habitat through alteration of the 

hydrologic system and the function of 

the watershed as a whole. Recent 

research indicates that the presence of 

preferred substrates such as gravel and 

cobble in the Santa Ana River are less 

common at sites farther downstream 

compared to sites that are closer the 

Seven Oaks Dam (Thompson et al. 2010, 

p. 328). This is likely due to the 

presence of flowing water from the 

Rialto/RIX sewage treatment plant 

immediately upstream that clears out 

silt and fine sand and exposes gravel 

and cobbles; however, the flow 

diminishes downstream due to 

percolation. Therefore, in the occupied 

areas of the Santa Ana River, 

downstream areas contain less suitable 

habitat for Santa Ana sucker (Thompson 

et al. 2010, pp. 327–328). 

The extant populations of Santa Ana 

suckers throughout the species’ range 

are currently isolated from one another 

as a result of water diversions or dams 

that have likely resulted in their 

exclusion from suitable spawning and 

rearing habitat (Service 2000, p. 19693). 

Management activities that could 

ameliorate these threats throughout the 

species’ range include removing or 

preventing channelization and restoring 

the river with its natural substrates and 

riparian vegetation, increasing flows 

into occupied areas by decreasing the 

amount of water contained by dams or 

removed from the hydrologic system, 

preventing mining activities that remove 

coarse sediments, and preventing 

further instream modifications from 

flood control activities throughout the 

critical habitat designation. 

Maintenance of the natural flow (PCEs 

3, 4, and 5) and sediment transport (PCE 

2) will help protect the PCEs that are 

essential to the conservation of Santa 

Ana sucker. 

Off-Highway or Off-Road Vehicles 

(OHVs) 

Throughout the designated critical 

habitat, OHV use occurs in authorized 

and unauthorized areas. We are aware of 

authorized OHV activity in the USFS’s 

San Gabriel Canyon OHV Area at the 

junction of the East, North, and West 

Forks of the San Gabriel River. There 

have been reports of unauthorized OHV 

activity in the Santa Ana River, 

although the level of impact and 

frequency of use have not been 

quantified. However, the reach where 

the unauthorized OHV activities have 

been reported occurs just upstream of 

one of the remaining Santa Ana sucker 

populations (near Rialto/RIX; SAWPA 

2010, p. 1–10). This area has recently 

been cleared of the nonnative plant, 

Arundo donax, which may have 

facilitated access for OHVs. The use of 

the river as an OHV recreational area 

may result in adverse effects to Santa 

Ana sucker by increasing turbidity (PCE 

4); disrupting the physical structure of 

habitat for spawning, resting, and 

feeding (PCE 2); and introducing 

pollutants (such as oil and gas) into 

streams (PCE 4) (65 FR 19686; April 12, 

2000). Management activities that could 

ameliorate these threats include 

patrolling by enforcement officers or 

rangers throughout the accessible 

recreational areas, providing signage to 

discourage access, or installing fencing 

where access is unauthorized within the 

critical habitat designation. Minimizing 

the impacts to the hydrologic system 

(PCE 1) and reducing the instream 

impacts (i.e., increased turbidity (PCEs 

2 and 4)) and impacts to instream and 

riparian vegetation (PCE 6) attributed to 

OHVs will help protect the PCEs that 

are essential to the conservation of 

Santa Ana sucker. 


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Nonnative Vegetation and Nonnative 

Predators 

The presence of nonnative vegetation 

(such as Arundo donax) may alter the 

hydrology and provide habitat 

conditions preferred by nonnative 

predators (such as largemouth bass and 

green sunfish) in the Santa Ana River 

and Big Tujunga Creek, and possibly 

(but to a lesser degree) in the San 

Gabriel River. These impacts may 

include (but not be limited to) decreased 

flow rates (PCE 3), increased turbidity 

(PCE 4), increased presence of pools and 

lack of preferred habitat (PCE 2), and 

increased abundance of nonnative 

predators (Service unpublished 

information 2010b, pp. 24–25). 

However, these types of impacts would 

need to be evaluated within the context 

of potential threats to the Santa Ana 

sucker. If this potential threat is found 

to impact the species, management 

activities to ameliorate this threat could 

include removal of nonnative vegetation 

and predators. 

Post-Wildfire Management 

The Station Fire of 2009 (described in 

more detail in Critical Habitat Units— 

Unit 3: Big Tujunga and Haines Creeks 

section below) may have long-lasting 

impacts to the Big Tujunga and Haines 

Creeks. These impacts may include (but 

not be limited to) increased debris-flow 

and flow velocity (PCEs 3 and 6) due to 

the lack of vegetation and increased runoff, increased turbidity (PCE 4) from the 

residual ash in the area and increased 

flow speeds, and possible residual 

contaminants entering the system as a 

result of the firefighting retardant 

chemicals which can alter water 

chemistry. The loss of riparian 

vegetation is likely to increase water 

temperature in the river due to the lack 

of shading available to instream habitats 

(USFS 2009, pp. 5–6). Management 

activities that could ameliorate these 

threats include revegetation of upland 

and riparian areas to stabilize hillsides 

and riparian zones to prevent erosion, 

and removal of large debris within the 

critical habitat designation before winter 

rains commence. Revegetation of upland 

and riparian areas will decrease debris 

flow and stabilize soils (PCEs 2, 4, and 

6), which will help protect the PCEs that 

are essential to the conservation of 

Santa Ana sucker. 

Water Quality Degradation 

Although specific water quality 

tolerances have not been evaluated for 

Santa Ana sucker, elevated water 

temperature, diminished dissolved, 

oxygen, elevated turbidity, elevated 

specific conductance, and presence of 

certain chemicals (such as 

pharmaceuticals or endocrine 

disrupting compounds) from treated 

wastewater may impact Santa Ana 

sucker. These impacts may affect the 

physical and biological features 

essential to the conservation of the 

Santa Ana sucker and may include (but 

not be limited to) increased water 

temperatures (PCE 5), increased 

turbidity (PCE 4), and changes in 

instream food sources (PCE 6) that may 

have long-lasting effects on individual 

and population growth (reproductive 

success) and other normal behaviors. 

Management activities that could 

ameliorate these threats include 

identification of thresholds and 

tolerance levels specifically for Santa 

Ana sucker, implementation of water 

quality standards or regulations 

throughout its range, and minimization 

of discharges of harmful chemicals into 

the watersheds. Water quality 

regulations that address Santa Ana 

sucker’s water quality requirements 

(PCEs 4, 5, and 6) will help protect the 

PCEs that are essential to the 

conservation of Santa Ana sucker. 

Criteria Used To Identify Critical 

Habitat 

As required by section 4(b) of the Act, 

we used the best scientific and 

commercial data available to designate 

critical habitat. We only designate areas 

outside the geographical area occupied 

by a species when a designation limited 

to its present range would be inadequate 

to ensure the conservation of the species 

(50 CFR 424.12(e)). 

At the time Santa Ana sucker was 

listed in 2000, the geographical area 

occupied by the species was considered 

to include the Los Angeles, San Gabriel, 

and Santa Ana River basins (65 FR 

19686; April 12, 2000). The listing rule 

details survey results that identify the 

following areas in each river basin as 

being within the geographical range 

occupied by the species: (1) The Santa 

Ana River basin including the Santa 

Ana River below Prado Dam, the Santa 

Ana River above Prado Dam to the City 

of Riverside, and the following 

tributaries: Tequesquite Arroyo, 

Sunnyslope Channel, and Anza Park 

Drain; (2) the San Gabriel River basin, 

including the West, North, and East 

forks of the San Gabriel River and Bear 

[Canyon] Creek, which is a tributary of 

the West Fork of the San Gabriel River; 

and (3) the Los Angeles River basin, 

including Big Tujunga Creek, between 

Big Tujunga Dam and Hansen Dam, and 

Haines Creek. 

For the purposes of this final revised 

critical habitat designation for Santa 

Ana sucker, the geographical area 

occupied by the species at the time of 

listing is defined to include those areas 

specifically identified in the listing rule 

(65 FR 19686; April 12, 2000), and the 

following additional areas not 

specifically identified in the listing rule 

but documented to be occupied at the 

time of listing and documented to be 

currently occupied: (1) In the Santa Ana 

River system: Rialto Drain; and (2) in 

the San Gabriel River system: Big 

Mermaids Canyon Creek, West Fork of 

Bear Creek, Bichota Canyon Creek, 

Cattle Canyon Creek, and Cow Canyon 

Creek. The following areas were not 

specifically identified in the listing rule 

and are not currently occupied; they are 

therefore considered outside the 

geographical area occupied by the 

species at the time of listing: the upper 

Santa Ana River watershed, including 

City and Mill Creeks and the Santa Ana 

River (above La Cadena Drive in San 

Bernardino County to above Seven Oaks 

Dam), and the following three 

tributaries to Big Tujunga Creek: Gold 

Canyon, Delta Canyon, and Stone 

Canyon Creeks. 

We are including in this final critical 

habitat designation all areas within the 

geographical area occupied by the listed 

Santa Ana sucker at the time of listing 

that also meet Criteria 1 through 3 

below. These areas are all currently 

occupied. We are also including areas in 

this final critical habitat designation 

that were not within the geographical 

area occupied by the species at the time 

of listing and are not currently occupied 

but that are essential for the 

conservation of the species under 

Criteria 4 through 7 below. This final 

revised rule updates our 2005 final 

critical habitat designation for Santa 

Ana sucker with the best available data. 

For some areas that were analyzed in 

2005, we have new information that led 

us to either add or remove an area from 

the proposed revised critical habitat 

designation and subsequently from this 

final rule. 

For areas within the geographical area 

occupied by the species at the time of 

listing, we delineated critical habitat 

unit boundaries using the following 

steps: 

1. We mapped historical and current 

digital occurrence data for Santa Ana 

sucker in the form of polygons and 

points on the digital aerial photography 

using ArcMap 9.3.1 (ESRI 2009). Areas 

between occupancy polygons or points 

were assumed to be occupied if there 

are no significant instream barriers 

(such as dams, culverts, or drop 

structures) preventing further movement 

between occupied stream sections. We 

utilized imagery acquired in Spring 

2008 at 1-ft (0.33-m) resolution for the 


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Santa Ana River Unit in Riverside 

County and imagery acquired in January 

2006 at 1-ft (0.33-m) resolution for the 

San Gabriel and Big Tujunga units 

provided by the U.S. Geological Survey. 

We also utilized imagery acquired in 

Spring 2005 at 3.25-ft (1-m) resolution 

provided by the National Aerial Imagery 

Program (NAIP) for the Santa Ana River 

Unit in Orange County. The resolution 

of the imagery allowed us to detect the 

presence of instream barriers. 

We recognize that the historical and 

recent collection records for this species 

are incomplete. River segments or small 

tributaries not included in this final 

designation may harbor small 

populations of Santa Ana sucker or may 

become occupied in the future. 

2. Using aerial imagery, we delineated 

the lateral extent (width) of the final 

revised critical habitat associated with 

occupied areas to include areas that 

provide sufficient riverine and 

associated floodplain area for breeding, 

feeding, and sheltering of adult and 

juvenile Santa Ana suckers and for the 

habitat needs of larval stage fish. Given 

the dynamic nature of these streams and 

the seasonal variation of the quantity of 

flow and the location of stream channels 

in any given year, we delineated the 

lateral extent of the final revised critical 

habitat to encompass the entire 

floodplain up to the upper limit of 

riparian vegetation or to the edge of a 

permanent barrier (such as a levee). 

Areas within the lateral extent exhibit 

the PCEs because they contain: (a) A 

functioning hydrological system 

characterized by peaks and ebbs in the 

water volume that encompasses areas 

that provide or contain sources of water 

and coarse sediment (PCE 1); (b) 

complex channels (such as alluvial fans 

and braided channels) and a mosaic of 

loose sand, gravel, cobble, and boulder 

substrates in a series of riffles, runs, 

pools, and shallow sandy stream 

margins (PCE 2); and (c) adjacent 

riparian vegetation (PCE 6). 

The presence of PCEs may be 

seasonally variable and sporadic in 

distribution because of the dynamic 

nature of these streams and seasonal 

variation of flows in these streams 

throughout the year. Areas that may be 

seasonally lacking in PCEs and contain 

marginal habitat were included if they 

are contiguous with areas containing 

one or more of the PCEs and contribute 

to the hydrologic and geologic processes 

essential to the ecological function of 

the system. These areas are essential to 

maintain connectivity (PCE 7) within 

populations, allow for species 

movement throughout the course of a 

given year, and allow for population 

expansion. 

3. Using aerial imagery, we delineated 

the upstream and downstream extents of 

the final revised critical habitat for areas 

within the geographical area occupied at 

the time of listing using the nearest 

occurrence polygon or point to either 

the point of a natural or manmade 

barrier or to the point where the 

instream gradient exceeds a 7 degree 

slope, either of which would prevent 

further movement of Santa Ana sucker. 

While several authors have 

acknowledged that this species cannot 

access high-gradient areas, we are not 

aware of any research quantifying the 

maximum slope passable by Santa Ana 

sucker. Therefore, in an attempt to 

estimate the maximum slope passable 

by the species, we used GIS to analyze 

the slopes associated with Santa Ana 

sucker occurrence polygons and points 

in our database for the Santa Ana River, 

San Gabriel River, and Big Tujunga 

Creek. Based on our analysis, Santa Ana 

suckers have not been found in areas 

where the instream slope exceeds 7 

degrees. In the absence of additional 

research on this subject, we made the 

assumption that a slope of 7 degrees 

constitutes the maximum instream 

gradient passable by Santa Ana sucker 

and applied this assumption when 

delineating the upstream extent of the 

final revised critical habitat in the San 

Gabriel River system (Big Mermaids 

Canyon Creek, Bear Canyon Creek, West 

Fork of Bear Creek, Bichota Canyon 

Creek, Cattle Canyon Creek, and Cow 

Canyon Creek). 

As discussed in the Physical and 

Biological Features section above, the 

absence of the species in these highgradient areas could be due to the 

species’ inability to swim up these 

higher gradients or due to the lack of 

suitable habitat in these areas as a result 

of higher water velocity and a 

subsequent lack of suitable spawning 

and feeding substrates or both. 

Therefore, we assume these highgradient (greater than 7 degrees) areas 

do not contain the physical and 

biological features essential to the 

conservation of the species. 

4. For areas outside the geographical 

area occupied by the species at the time 

it was listed, we evaluated stream 

reaches to determine if additional 

occupied or unoccupied areas are 

essential for the conservation of this 

species and should be included in the 

final revised designation. We 

determined that certain areas outside 

the geographical area occupied by the 

species at the time it was listed are 

essential for the conservation of the 

species because they are areas that 

provide or contain sources of water and 

coarse sediment (PCE 1) necessary to 

maintain preferred substrate conditions 

(PCE 2) in occupied portions of the 

species’ range. 

a. For the San Gabriel River, we 

determined that the areas within the 

geographical area occupied by the 

species at the time of listing and 

currently occupied are adequate for the 

conservation of the species based on our 

current understanding of the species’ 

requirements. However, as discussed in 

the Critical Habitat section above, we 

recognize that designation of critical 

habitat may not include all habitat areas 

that we may eventually determine are 

necessary for the recovery of the 

species, and that for this reason, a 

critical habitat designation does not 

signal that habitat outside the 

designated area is unimportant or may 

not promote the recovery of the species. 

b. In the upper Santa Ana River 

Subunit (Subunit 1A), we determined 

that the following three areas outside 

the geographical area occupied by the 

species at the time of listing are 

essential for the conservation of the 

species: Mill Creek, City Creek, and the 

Santa Ana River from Tippecanoe 

Avenue to just below Seven Oaks Dam. 

Mill Creek has never been documented 

as being occupied by Santa Ana sucker. 

City Creek and the Santa Ana River 

above Tippecanoe Avenue are not 

currently occupied, but were 

historically occupied based on a 1982 

California Natural Diversity Database 

record and a 1940 University of 

Michigan Museum of Zoology (UMMZ) 

Fish Collection database record, 

respectively. 

We determined that the Santa Ana 

River above Tippecanoe Avenue, Mill 

Creek, and City Creek are essential for 

the conservation of the species because 

they are areas that provide or contain 

sources of water and coarse sediment 

(PCE 1) that may be transported 

downstream and are necessary to 

maintain preferred substrate (PCE 2) 

conditions in occupied portions in the 

Santa Ana River. Using aerial imagery, 

we determined that the Santa Ana River 

above Tippecanoe Avenue, Mill Creek, 

and City Creek have large, unimpeded 

watersheds based on the following 

morphological characteristics: (i) A 

wide floodplain area; (ii) the presence of 

complex channels (such as braided 

channels); and (iii) a mosaic of loose 

sand, gravel, cobble, and boulder 

substrates in a series of riffles, runs, 

pools, and shallow sandy stream 

margins (PCE 2). The area above 

Tippecanoe Avenue provides a source 

of water that is essential to the 

conservation of the species. Although 

the Seven Oaks Dam does regulate the 

flow of water downstream, it cannot 


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operate as a water holding or 

conservation facility without further 

consultation (Service 2002, p. 5; 

CRWQCB 2009, p. 24), and water must 

be passed through the dam. Water 

released from the dam is most important 

when winter storm water is transported 

downstream in high quantity and 

velocity. These flow events allow the 

river to meander through the floodplain 

and expose buried gravel and cobbles 

that are essential to the conservation of 

Santa Ana sucker. Given the extent to 

which the hydrology and the habitat of 

the occupied section of the Santa Ana 

River have been altered and degraded 

due to the construction and operation of 

flood control structures (such as Prado 

and Seven Oaks Dams) and operation of 

water treatment facilities, maintenance 

of the Santa Ana River (including areas 

above Tippecanoe Avenue), City Creek, 

and Mill Creek as pathways to transport 

storm and stream waters (PCE 1) and 

sediments necessary to maintain 

preferred substrates (PCE 2) to occupied 

portions of the Santa Ana River is 

essential for the conservation of the 

species. 

c. In Big Tujunga Creek, we 

determined that the following 

unoccupied areas outside the 

geographical area occupied by the 

species at the time of listing are 

essential for the conservation of the 

species: Gold Canyon, Delta Canyon, 

and Stone Canyon Creeks. These areas 

provide sufficient quantities of stream 

and storm waters (PCE 1) necessary to 

transport sediments to maintain 

preferred substrate (PCE 2) conditions in 

occupied portions in Big Tujunga Creek. 

Using aerial imagery, we determined 

that Gold Canyon, Delta Canyon, and 

Stone Canyon Creeks have large, 

unimpeded watersheds flowing into Big 

Tujunga Creek, based on the following 

morphological characteristics: (i) A 

wide floodplain area; (ii) the presence of 

complex channels (such as braided 

channels); and (iii) a mosaic of loose 

sand, gravel, cobble, and boulder 

substrates in a series of riffles, runs, 

pools, and shallow sandy stream 

margins (PCE 2). Given the extent to 

which the hydrology and the habitat of 

the occupied section of Big Tujunga 

Creek have been altered and degraded 

due to the construction and operation of 

flood control structures, such as Big 

Tujunga and Hansen Dams, 

maintenance of Gold Canyon, Delta 

Canyon, and Stone Canyon Creeks as 

pathways to transport water (PCE 1) and 

sediments necessary to maintain 

preferred substrates (PCE 2) in Big 

Tujunga Creek is essential for the 

conservation of the species. 

While we are not aware of any 

surveys for Santa Ana sucker conducted 

in these creeks, based on our calculation 

of maximum slope (see Criterion 3 

above), it appears that the slope of Delta 

Canyon and Stone Canyon Creeks from 

near their confluence with Big Tujunga 

Creek is likely too steep to be passable 

by Santa Ana sucker. The slope of Gold 

Canyon Creek from approximately 

0.49 mi (0.8 km) upstream from its 

confluence with Big Tujunga Creek also 

appears to be too steep to be passable by 

Santa Ana sucker. 

5. Using aerial imagery, we delineated 

the lateral extent of final revised critical 

habitat in the Santa Ana River above 

Tippecanoe Avenue, and in City, Mill, 

Gold Canyon, Delta Canyon, and Stone 

Canyon Creeks, to include areas 

containing: (a) A wide floodplain area; 

(b) complex channels (such as alluvial 

fans and braided channels); and (c) a 

mosaic of loose sand, gravel, cobble, and 

boulder substrates in a series of riffles, 

runs, pools, and shallow sandy stream 

margins (PCE 2) needed to provide 

stream and storm waters (PCE 1) 

necessary to transport sediments to 

maintain preferred substrate conditions 

(PCE 2) in the downstream occupied 

portions of the Santa Ana River and Big 

Tujunga Creek, respectively. 

6. We delineated the upstream limits 

of final revised critical habitat in the 

Santa Ana River above Tippecanoe 

Avenue, and in City, Mill, Gold Canyon, 

Delta Canyon, and Stone Canyon 

Creeks, by identifying the upstream 

origin of sediment transport in these 

tributaries to provide stream and storm 

waters (PCE 1) necessary to transport 

sediments to maintain preferred 

substrate conditions (PCE 2) in the 

downstream occupied portions of the 

Santa Ana River and Big Tujunga Creek, 

respectively. Using aerial imagery, we 

determined the origin of sediment 

transport in each creek to be the 

upstream area where complex channels 

(such as alluvial and braided channels) 

containing a mosaic of loose sand, 

gravel, cobble, and boulder substrates in 

a series of riffles, runs, pools, and 

shallow sandy stream margins (PCE 2) 

are visible. 

7. We delineated the upstream and 

downstream extents of the final revised 

critical habitat in historically occupied 

areas of City Creek and the Santa Ana 

River above Tippecanoe Avenue using 

the same methodology as described 

under Criterion 3 above by extending 

the boundary from the nearest 

occurrence polygon or point to either 

the point of a natural or manmade 

barrier or to the point where the 

instream gradient exceeds a 7 degree 

slope, either of which we have assumed 

prevents further movement of Santa Ana 

sucker. 

When determining critical habitat 

boundaries within this final rule, we 

made every effort to avoid including 

developed areas such as lands covered 

by buildings, pavement, and other 

structures because such lands lack 

physical and biological features for 

Santa Ana sucker. The scale of the maps 

we prepared under the parameters for 

publication within the Code of Federal 

Regulations may not reflect the 

exclusion of such developed lands. Any 

such lands inadvertently left inside 

critical habitat boundaries shown on the 

maps of this final rule are excluded by 

text in the rule and are not designated 

as critical habitat. Therefore, a Federal 

action involving these lands would not 

trigger section 7 consultation with 

respect to critical habitat and the 

requirement of no adverse modification 

unless the specific action would affect 

the physical and biological features in 

the adjacent critical habitat. 

In summary, we are designating as 

critical habitat lands that we determined 

were occupied at the time of listing and 

contain sufficient physical and 

biological features to support lifehistory functions essential to the 

conservation of the species and lands 

outside the geographical area occupied 

at the time of listing that we determined 

are essential for the conservation of 

Santa Ana sucker. 

Summary of Changes From Previously 

Designated Critical Habitat 

The areas designated as critical 

habitat in this final rule constitute a 

revision of the critical habitat for Santa 

Ana sucker we designated on January 4, 

2005 (70 FR 425). In this revised 

rulemaking we: 

1. Refined the primary constituent 

elements (PCEs) to more accurately 

define the physical and biological 

features that are essential to the 

conservation of Santa Ana sucker; 

2. Revised criteria to more accurately 

identify critical habitat; 

3. Improved mapping methodology to 

more accurately define critical habitat 

boundaries and better represent areas 

that contain PCEs; 

4. Reevaluated areas considered for 

exclusion from critical habitat 

designation under section 4(b)(2) of the 

Act; and 

5. Added to, subtracted from, and 

revised those areas previously identified 

as essential to the conservation of Santa 

Ana sucker to accurately portray lands 

that meet the definition of critical 

habitat based on the best scientific data 

available. Table 1 provides an overview 

of the differences between 2004 and 


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2005 final critical habitat rules, 2009 

proposed revised critical habitat, and 

this final critical habitat rule for Santa 

Ana sucker at the Unit and Subunit 

level. 

The areas identified in this final rule 

constitute a revision of the areas 

designated as critical habitat for Santa 

Ana sucker on January 4, 2005 (70 FR 

425). In the 2005 final rule, we 

designated 8,305 ac (3,361 ha) of critical 

habitat in Units 2 and 3 in Los Angeles 

County. In the 2005 final rule, we 

removed all of Subunit 1A (Northern 

Prado Basin; 3,535 ac (1,431 ha)) and 

Subunit 1B (Santa Ana Wash; 8,174 ac 

(3,308 ha)) in San Bernardino County 

from the critical habitat designation (see 

below for additional discussion), and 

excluded the remainder of Unit 1 

(which totaled 15,414 ac (6,238 ha)) in 

San Bernardino, Riverside, and Orange 

Counties under section 4(b)(2) of the 

Act. 

In the 2009 proposed revised rule, we 

proposed to designate a total of 9,605 ac 

(3,887 ha) in San Bernardino, Riverside, 

Orange, and Los Angeles Counties as 

critical habitat for Santa Ana sucker. In 

the subsequent document that made 

available the DEA (75 FR 38441; July 2, 

2010), we proposed to designate an 

additional 38 ac (15.38 ha) in Subunit 

1A as critical habitat for Santa Ana 

sucker. In this final rule, we are 

designating a total of 9,331 ac (3,776 ha) 

in Los Angeles, Orange, San Bernardino, 

and Riverside Counties. Table 1 below 

outlines the changes in areas in each 

Unit or Subunit between the 2004 and 

2005 critical habitat designations and 

this revised critical habitat designation. 

TABLE 1—CHANGES BETWEEN THE FEBRUARY 26, 2004, CRITICAL HABITAT DESIGNATION (2004 FCH); THE JANUARY 4, 

2005, CRITICAL HABITAT DESIGNATION (2005 FCH); THE DECEMBER 9, 2009, PROPOSED CRITICAL HABITAT DESIGNATION (2009 PRCH); THE JULY 2, 2010, FEDERAL REGISTER DOCUMENT MAKING AVAILABLE THE DEA (2010 

NOA); AND THIS FINAL REVISED CRITICAL HABITAT DESIGNATION (2010 FCH) 

[Values in this table may not sum due to rounding; * indicates area that was not included in the critical habitat designation] 

County 

2004 fCH 2005 fCH 2009 prCH 2010 NOA 2010 fCH 

Unit/ 

subunit 

Area designated or 

essential 

Unit/ 

subunit 

Area designated or 

essential 

Unit/ 

subunit 

Area designated or 

essential 

Unit/ 

subunit 

Area designated or 

essential 

Unit/ 

subunit 

Area designated or 

essential 

Los Angeles ............... 3 3,655 ac (1,479 ha) .. 3 2,540 ac (1,028 ha) .. 3A 1,189 ac (481 ha) ..... 3A 1,189 ac (481 ha) ..... 3A 1,189 ac (481 ha) 

3B 44 ac (18 ha) ............ 3B 44 ac (18 ha) ............ 3B 44 ac (18 ha) 

2 5,765 ac (2,333 ha) .. 2 5,765 ac (2,333 ha) .. 2 1,000 ac (405 ha) ..... 2 1,000 ac (405 ha) ..... 2 1,000 ac (405 ha) 

San Bernardino .......... 1A 3,535 ac (1,431 ha) .. 1A 1,900 ac (768 ha) ..... 1A 1,938 ac (784 ha) ..... 1A 1,559 ac (631 ha) 

1B 8,174 ac (3,308 ha).

San Bernardino and 

Riverside.

N/A N/A ............................ 1 15,414 ac (6,238 ha)* 1B 4,704 ac (1,903 ha) .. 1B 4,704 ac (1,903 ha) .. 1B 4,771 ac (1,931 ha) 

Riverside and Orange N/A N/A ............................ ............ ................................... 1C 767 ac (311 ha) ........ 1C 767 ac (311 ha) ........ 1C 767 ac (311 ha) 

Total Designated ............ 21,129 ac (8,551 ha) ............ 8,305 ac (3,361 ha) .. ............ 9,605 ac (3,887 ha) .. ............ 9,643 ac (3,902 ha) .. ............ 9,331 ac (3,776 ha) 

Summary of Changes From the 2005 

Final Critical Habitat to This Final 

Critical Habitat Designation 

As described below, some areas 

designated in the 2005 final rule are not 

being designated as critical habitat in 

this final rule. Also, some areas are 

designated as critical habitat in this 

final rule that were not designated in 

the 2005 final rule because we have 

subsequently concluded that these areas 

are essential to the conservation of the 

species. These changes resulted in an 

overall addition of 1,026 ac (415 ha) in 

this final rule compared to the January 

4, 2005, final revised designation (70 FR 

425) (Table 1). These differences 

primarily resulted from the following 

changes to all of the units included in 

this final revised critical habitat 

designation, as well as the unit-specific 

revisions discussed below. 

1. Enhanced resolution of aerial 

imagery allowed us to improve our 

mapping methodology to more 

accurately define the critical habitat 

boundaries and to better represent those 

areas that possess the physical and 

biological features essential to the 

conservation of the species. In the 2005 

final rule, we used a 100-meter grid to 

delineate critical habitat. In this final 

rule, we delineated areas that contain 

the PCEs using current aerial imagery 

(see Criteria Used To Identify Critical 

Habitat section). This revised mapping 

method resulted in a significant overall 

decrease in the areas deemed essential 

and included in the final revised critical 

habitat boundaries. However, even with 

more refined mapping methods, we 

acknowledge the possibility that, due to 

mapping, data, and resource constraints, 

there may be some undeveloped areas 

mapped as critical habitat that do not 

contain the PCEs. 

2. We revised the criteria used to 

identify critical habitat in the Santa Ana 

River, the San Gabriel River, and Big 

Tujunga Creek. The revised criteria 

allowed us to more precisely delineate 

the upstream boundaries of areas 

determined to contain the physical and 

biological features essential to the 

conservation of the species. We 

described the criteria and methods we 

used to identify and delineate the areas 

that we are designating as critical 

habitat in more detail than we did in the 

2005 critical habitat designation to 

ensure that the public better 

understands why the areas are being 

designated as critical habitat (see 

Criteria Used To Identify Critical 

Habitat section of this final rule for a 

detailed discussion). 

3. We reevaluated areas included in 

the 2005 final critical habitat 

designation to determine if those areas 

contain the physical and biological 

features essential to the conservation of 

Santa Ana sucker or are otherwise 

essential for the conservation of the 

species. As a result, some areas 

designated as Santa Ana sucker critical 

habitat in 2005 were removed from the 

2009 proposed revised rule and this 

final rule (as described below) because 

they do not contain the physical and 

biological features required by Santa 

Ana sucker and are not otherwise 

essential to the species’ conservation. 

Major revisions in each unit include 

the following: 

Unit 1: Santa Ana River (San 

Bernardino, Riverside, and Orange 

Counties) 

1. In the 2005 critical habitat rule, we 

excluded all of Unit 1 (15,414 ac (6,238 

ha)) from final critical habitat under 

section 4(b)(2) of the Act. In this final 

rule, we are designating a total of 5,535 

ac (2,241 ha) as critical habitat in 

Subunits 1B and 1C, which correspond 

roughly to Unit 1 in the 2005 final rule 

and not excluding any areas under 

section 4(b)(2) of the Act. The 9,879-ac 

(3,998-ha) difference between the area 

identified as Unit 1 in the 2005 final 

rule and Subunits 1B and 1C in this 

final rule is primarily due to the 

following revisions: 

a. In the 2005 critical habitat rule, 

numerous tributaries and channels that 

drain into the Santa Ana River were 


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considered essential to the conservation 

of the species but excluded under 

section 4(b)(2) of the Act. In this final 

rule, we removed from Subunits 1B and 

1C (the area roughly corresponding to 

Unit 1 in the 2005 final rule) the 

following tributaries and channels 

because these areas do not contain the 

physical and biological features 

essential to the conservation of the 

species (from North to South): 

• 1.2 mi (1.9 km) urban drainage 

through Lake Evans; 

• 1.3 mi (2.1 km) urban drainage 

through Hole Lake; 

• 0.9 mi (1.4 km) urban drainage 

(north side of the Santa Ana River 

(SAR), east of Pedley); 

• 2.3 mi (3.7 km) urban drainage 

(north side of SAR, west of Pedley); 

• 1.0 mi (1.5 km) urban drainage up 

Lucretia Avenue; 

• 0.3 mi (0.47 km) urban drainage up 

Norco Rd. near California Rehabilitation 

Center; 

• 2.1 mi (3.4 km) of Temescal Wash 

north of Corona Municipal Airport; 

• 0.9 mi (1.5 km) urban drainage 

north of Temescal Wash; and 

• 1.0 mi (1.7 km) urban drainage 

south of Corona Municipal Airport. 

b. In the 2005 critical habitat rule, the 

Prado Basin where Chino and Temescal 

Creeks and the Santa Ana River 

converge was considered essential to the 

conservation of the species, but we 

excluded this area under section 4(b)(2) 

of the Act. In this final rule, we are not 

designating 4,476 ac (1,811 ha) of the 

Prado Basin where Chino and Temescal 

Creeks and the Santa Ana River 

converge because these areas do not 

contain the physical and biological 

features essential to the conservation of 

the species. 

2. In the 2005 critical habitat rule, we 

did not designate Subunit 1B (Santa 

Ana Wash; 8,174 ac (3,308 ha)) as 

critical habitat because we determined 

this area to be ‘‘nonessential.’’ We 

revisited that determination in our 2009 

proposed revised critical habitat rule 

and this final critical habitat designation 

and conclude that portions of the area 

identified as Subunit 1B in the 2005 

rule are essential for the conservation of 

the Santa Ana sucker. We changed our 

conclusion because we believe the 

creeks and rivers in Subunit 1B provide 

stream and storm waters (PCE 1) 

required to transport sediments that are 

necessary to maintain preferred 

substrate (PCE 2) conditions in occupied 

portions of the Santa Ana River. These 

waters are critical to maintain habitat 

for populations of Santa Ana sucker in 

the Santa Ana River, one of only three 

geographical areas where the listed 

entity survives. Protecting existing 

habitat on which the Santa Ana River 

populations depend is essential for the 

recovery of this species. Based on our 

reevaluation of this area, we are 

designating 1,559 ac (631 ha) in City 

and Mill Creeks and the Santa Ana 

River (below Seven Oaks Dam) as part 

of Subunit 1A, which composed a 

portion of Subunit 1B in the 2005 final 

rule. Some portions of the Santa Ana 

Wash area identified as part of Subunit 

1B in the 2005 rule do not contain the 

physical and biological features 

essential to the conservation of the 

species and are not otherwise essential 

for the conservation of the Santa Ana 

sucker, and we have not included them 

as part of Subunit 1A. 

Unit 2: San Gabriel River (Los Angeles 

County) 

1. In the 2005 critical habitat rule, we 

designated 5,765 ac (2,333 ha) as critical 

habitat in Unit 2. In this final rule, we 

are designating 1,000 ac (405 ha) as 

critical habitat in Unit 2 (area 

corresponds roughly to Unit 2 in the 

2005 final rule). The 4,765-ac (1,928-ha) 

reduction in Unit 2 from the 2005 final 

rule is primarily due to the following 

revisions: 

a. In this final rule, we removed the 

upstream sections of the following 

creeks/rivers (which were designated in 

the 2005 final rule), because our 

analysis indicates that the slope of these 

upstream sections exceeds 7 degrees; 

therefore, we determined these areas do 

not contain the physical and biological 

features essential to the conservation of 

the species (see Criterion 3 in the 

Criteria Used To Identify Critical 

Habitat section above for a detailed 

discussion of our slope calculations and 

assumptions): 

• 2.9 mi (4.60 km) of Big Mermaids 

Canyon Creek; 

• 0.5 mi (0.77 km) of Bear Canyon 

Creek; 

• 0.4 mi (0.60 km) of West Fork of 

Bear Creek; 

• 1.6 mi (2.61 km) of North Fork of 

the San Gabriel River; 

• 0.1 mi (0.19 km) of Bichota Canyon 

Creek; 

• 1.9 mi (3.07 km) of Cattle Canyon 

Creek; and 

• 0.3 mi (0.42 km) of Cow Canyon 

Creek. 

While these unoccupied upstream 

areas do provide pathways to transport 

water (PCE 1) and sediments necessary 

to maintain preferred substrates (PCE 2), 

we determined that the areas within the 

geographical area occupied by the 

species in the San Gabriel River at the 

time of listing and currently occupied 

are adequate for the conservation of the 

species in this portion of its range (see 

Criteria Used To Identify Critical 

Habitat above). 

b. In this final rule, we removed the 

entire extent of Shoemaker Canyon 

Creek (0.99 mi (1.59 km)) that was 

designated in the 2005 final rule 

because based on our calculations, the 

slope of this creek exceeds 7 degrees; 

therefore, we determined this area does 

not contain the physical and biological 

features essential to the conservation of 

the species (see Criterion 3 in the 

Criteria Used To Identify Critical 

Habitat section above for a detailed 

discussion of our slope calculations and 

assumptions). 

c. In this final rule, we removed the 

entire extent of Burro Canyon Creek 

(0.74 mi (1.19 km)) that was designated 

in the 2005 final rule because habitat in 

this creek has been degraded due the 

operation of a mine upstream and does 

not contain the physical and biological 

features essential to the conservation of 

the species. 

2. We are extending the upstream 

boundary of the East Fork of the San 

Gabriel River approximately 0.85 mi 

(1.37 km) from the upstream end of an 

occurrence polygon to the point near the 

Bridge-of-No-Return. In the 2005 final 

rule, we acknowledged that this 

upstream area is essential to the 

conservation of Santa Ana sucker, but 

because the area had not been proposed 

as critical habitat or delineated on the 

map or the legal description for this 

unit, it was not included in the 2005 

final rule (70 FR 425; January 4, 2005). 

Unit 3: Big Tujunga Creek (Los Angeles 

County) 

1. In the 2005 critical habitat rule, we 

designated 2,540 ac (1,028 ha) as critical 

habitat in Unit 3. In this final rule, we 

are designating 1,233 ac (499 ha) as 

critical habitat in two subunits, 

Subunits 3A and 3B, which correspond 

roughly to Unit 3 in the 2005 final rule. 

Subunit 3A contains the mainstem of 

Big Tujunga Creek from Hansen Dam to 

Big Tujunga Dam, and Subunit 3B 

contains three unoccupied tributaries to 

Big Tujunga Creek: Gold Canyon, Delta 

Canyon, and Stone Canyon Creeks. The 

1,307-ac (529-ha) reduction in Unit 3 

from the 2005 final rule is primarily due 

to the following revisions: 

a. In this final rule, we removed an 

upstream 0.26-mi (0.42-km) section of 

Delta Canyon Creek (Subunit 3B) and an 

upstream 0.13-mi (0.21-km) section of 

Stone Canyon Creek (Subunit 3B), both 

designated in the 2005 final rule, 

because these areas appear to be above 

the origin of sediment transport in these 

creeks and not essential to the 

conservation of the species (see 

Criterion 7 in the Criteria Used To 


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Identify Critical Habitat section above 

for a discussion of origin of sediment 

transport). 

b. We are designating additional 

portions of Gold Canyon Creek (Subunit 

3B) by extending the upstream 

boundary of critical habitat in the creek 

by approximately 0.29 mi (0.47 km) 

from the 2005 final critical habitat 

boundary to capture the upstream origin 

of sediment transport for this creek, an 

area we determined is essential for the 

conservation of the species (see 

Criterion 7 in the Criteria Used To 

Identify Critical Habitat section above 

for a discussion of origin of sediment 

transport). 

c. We are designating approximately 

160 ac (65 ha) of the privately owned 

Angeles National Golf Club in Subunit 

3A in this final rule. Specifically, we are 

designating only the alluvial floodplain 

and multiple low-flow channels that 

traverse the golf course. However, due 

to the scale of the habitat areas 

containing the PCEs within the golf 

course and the current GIS mapping 

techniques, we are unable to map 

precisely only those areas containing 

the physical and biological features 

essential to the conservation of the 

species. Therefore, the entire golf course 

is mapped as final critical habitat. 

Permanent structures and facilities 

associated with the golf course (such as 

buildings) and fairways and greens 

outside of the floodplain do not contain 

the PCEs and are therefore not 

considered critical habitat. 

The majority of the Angeles National 

Golf Club area was not included in the 

2005 final critical habitat designation. 

However, this area includes the alluvial 

floodplain and multiple low-flow 

channels that traverse the golf course, 

and lies between the confluence of Big 

Tujunga and Haines Creeks. Stream flow 

and storm waters from Big Tujunga 

Creek transport sediments necessary to 

maintain preferred substrate conditions 

(PCE 2) within Haines Creek. These 

waters flow through the golf course on 

an irregular basis (i.e., in 2 of the 5 years 

since the course was opened). Both 

creeks discharge into occupied habitat 

downstream, including the Big Tujunga 

Mitigation Bank, a conserved habitat 

area, which supports Santa Ana sucker 

and two other native fishes. Therefore, 

we believe this area contains the 

features essential to the conservation of 

the species because it provides for 

sediment transport (PCE 2) into the 

downstream conserved habitat area. 

Summary of Changes From 2009 

Proposed Critical Habitat to This Final 

Critical Habitat Designation 

Unit 1: Santa Ana River (San 

Bernardino, Riverside, and Orange 

Counties) 

In the proposed critical habitat 

revision that published with the 

document that made available the DEA 

on July 2, 2010 (75 FR 38441), we added 

approximately 38 ac (15 ha) to Subunit 

1A in a portion of Plunge Creek, a 

tributary of the Santa Ana River that is 

located in San Bernardino County 

upstream of the confluence of the Santa 

Ana River with City Creek, to serve as 

an area for possible reintroduction 

efforts. This area was proposed in 

response to public comment during the 

first comment period. Additionally, the 

portion of Subunit 1A located above 

Seven Oaks Dam was included in the 

2009 proposed revised rule (74 FR 

65056; December 9, 2009). In this final 

critical habitat designation, we conclude 

that these areas are not essential. We 

lack information indicating that these 

areas were historically occupied by the 

species and lack sufficient information 

to support a determination that these 

areas are needed for the species’ 

recovery. In particular, we lack 

supporting information regarding the 

feasibility of introducing Santa Ana 

sucker at either location (such as water 

quality conditions, reliability of water 

flows, and presence of predatory and 

competing species). Furthermore, 

upstream movement of Santa Ana 

suckers from the Santa Ana River 

mainstem into Plunge Creek is 

precluded due to mining operations that 

make the habitat unsuitable for the fish 

(including a dry stretch of the creek), 

while such movement is also precluded 

into the upper Santa Ana River and Bear 

Creek because of the Seven Oaks Dam. 

Additionally, we lack a comprehensive 

conservation strategy for Santa Ana 

sucker. Therefore, we cannot conclude 

at this time that these areas are essential 

for the conservation of the species. 

As discussed in the Critical Habitat 

section below, because any designation 

of critical habitat may not include all 

habitat areas that we may eventually 

determine are necessary for the recovery 

of a species, this critical habitat 

designation should not signal that 

habitat outside the designated area is 

unimportant or may not promote the 

recovery of Santa Ana sucker (e.g., 

reintroduction sites). We plan to initiate 

development of a recovery plan in 2011, 

which may include the establishment of 

a recovery team that would seek the 

involvement of species experts, habitat 

experts, and stakeholders. We anticipate 

this recovery effort would evaluate the 

need for reintroduction and, if needed, 

evaluate these areas and other sites 

within the historical range of the species 

for potential recovery efforts. 

In the proposed revised critical 

habitat rule (74 FR 65056; December 9, 

2009) and for the document that made 

available the DEA (75 FR 38441; July 2, 

2010), we misprinted area estimates of 

acreages by land owners in Unit 1. We 

have corrected this error, and acreages 

are correctly represented in Table 2 

below and the textual descriptions of 

each Subunit in Unit 1 below. 

In the proposed revised critical 

habitat rule (74 FR 65056; December 9, 

2009) and document making available 

the DEA (75 FR 38441; July 2, 2010), we 

evaluated areas considered for exclusion 

under section 4(b)(2) of the Act in the 

Santa Ana River that are covered by the 

Santa Ana Sucker Conservation Program 

(SAS Conservation Program) and the 

Western Riverside County MSHCP, 

including identifying whether or not 

these areas are or are going to be 

conserved and managed for the benefit 

of Santa Ana sucker. In this rule, we 

determined whether the areas were 

already conserved and managed for the 

benefit of Santa Ana sucker, and 

analyzed, under section 4(b)(2) of the 

Act, whether the benefits of exclusion 

from the critical habitat designation 

outweigh the benefits of including these 

areas. 

Final Critical Habitat Designation 

We are designating three units as 

critical habitat for Santa Ana sucker. 

The critical habitat areas described 

below constitute our best assessment at 

this time of areas that meet the 

definition of critical habitat for Santa 

Ana sucker. Table 2 identifies the 

approximate area of each critical habitat 

unit by land ownership. These units 

replace the current critical habitat 

designation for Santa Ana sucker in 50 

CFR 17.95(e). The critical habitat areas 

we describe below constitute our best 

assessment of (1) areas determined to be 

within the geographical area occupied 

by the species at the time of listing that 

contain the physical and biological 

features essential to the conservation of 

the species and which may require 

special management considerations or 

protection, and (2) areas that are not 

within the geographical area occupied 

by the species at the time of listing but 

that are essential for the conservation of 

the species (see Criteria Used To 

Identify Critical Habitat section above 

for a discussion of geographical area). 


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TABLE 2—AREA ESTIMATES (ACRES (AC) AND HECTARES (HA)) AND LAND OWNERSHIP FOR SANTA ANA SUCKER FINAL

REVISED CRITICAL HABITAT

[Values in this table may not sum due to rounding] 

Critical habitat unit County 

Land ownership 

Total area 

Federal State or local government Private 

Unit 1: Santa Ana River 

Subunit 1A: Upper 

Santa Ana River.

San Bernardino ......... 74 ac .........................

(30 ha) ......................

95 ac .........................

(38 ha) ......................

1,389 ac ....................

(562 ha) ....................

1,559 ac 

(631 ha) 

Subunit 1B: Santa Ana 

River.

San Bernardino and 

Riverside.

521 ac .......................

(211 ha) ....................

2,854 ac ....................

(1,155 ha) .................

1,396 ac ....................

(565 ha) ....................

4,771 ac 

(1,931 ha) 

Subunit 1C: Lower 

Santa Ana River.

Riverside and Orange 0 ac ...........................

(0 ha) ........................

56 ac .........................

(23 ha) ......................

711 ac .......................

(288 ac) .....................

767 ac 

(311 ha) 

......................... Unit 1 Total ............... 595 ac .......................

(241ha) ......................

3,006 ac ....................

(1,217ha) ...................

3,496 ac ....................

(1,4l5ha) ....................

7,097 ac 

(2,872ha) 

Unit 2: San Gabriel River 

Unit 2: San Gabriel 

River.

Los Angeles .............. 917 ac .......................

(371 ha) ....................

0 ac ...........................

(0 ha) ........................

83 ac .........................

(34 ha) ......................

1,000 ac 

(405 ha) 

Unit 3: Big Tujunga Creek 

Subunit 3A: Big 

Tujunga and Haines 

Creeks.

Los Angeles .............. 242 ac .......................

(98 ha) ......................

0 ac ...........................

(0 ha) ........................

947 ac .......................

(383 ha) ....................

1,189 ac 

(481 ha) 

Subunit 3B: Gold, 

Delta, and Stone 

Creeks.

Los Angeles .............. 44ac ..........................

(18 ha) ......................

0 ac ...........................

(0 ha) ........................

0 ac ...........................

(0 ha) ........................

44 ac 

(18 ha) 

......................... Unit 3 Total ............... 286 ac .......................

(116ha) ......................

0 ac ...........................

(0 ha) ........................

947 ac .......................

(383 ha) ....................

1,233 ac 

(499 ha) 

................. Total .......................... 1,798 ac ....................

(728 ha) ....................

3,006 ac ....................

(1,217 ha) .................

4,526 ac ....................

(1,832 ha) .................

9,331 ac 

(3,776 ha) 

Critical Habitat Units 

Presented below are brief descriptions 

of all units and reasons why they meet 

the definition of critical habitat for 

Santa Ana sucker. 

Unit 1: Santa Ana River 

Unit 1 is located in San Bernardino, 

Riverside, and Orange Counties and 

consists of three subunits totaling 7,097 

ac (2,872 ha) of Federal (U.S. Army 

Corps of Engineers and USFS), local 

government, and private land (Table 2). 

The purpose of this unit is to 

independently support a population of 

Santa Ana sucker in a functioning 

hydrologic system that provides suitable 

water quality, supply, and coarse 

sediment. One currently unoccupied 

subunit (Subunit 1A) provides essential 

sources of water and coarse sediment to 

occupied portions of the unit. 

Subunit 1A: Upper Santa Ana River 

Subunit 1A is located near the Cities 

of Highland, Mentone, and Redlands in 

San Bernardino County, California. This 

subunit includes: 7 mi (12 km) of City 

Creek (measured from its confluence 

with the Santa Ana River), 12 mi (19 

km) of Mill Creek (measured from its 

confluence with the Santa Ana River), 

and 10 mi (17 km) of the Santa Ana 

River from below the Seven Oaks Dam 

to near Tippecanoe Avenue. The lower 

portion of the Santa Ana River below its 

confluence with City and Mill Creek is 

adjacent to urban development, while 

the upstream portions of City Creek and 

Mill Creek are in the San Bernardino 

National Forest. Lands in this subunit 

are under Federal (USFS and Bureau of 

Land Management (BLM)) (74 ac (111 

ha)), State/Local (95 ac (38 ha)), and 

private (1,389 ac (562 ha)) ownership 

(Table 2). 

Subunit 1A is outside the 

geographical area occupied by the 

species at the time of listing and is not 

currently occupied. While City Creek 

and the Santa Ana River above 

Tippecanoe Avenue are not currently 

occupied, these areas were historically 

occupied based on a 1982 California 

Natural Diversity Database record and a 

1940 University of Michigan Museum of 

Zoology Fish Collection (UMMZ) 

database record, respectively, and City 

Creek currently provides suitable 

habitat conditions for Santa Ana sucker 

(OCWD 2009, pp. 5–71–5–76). Mill 

Creek is not known to be historically or 

currently occupied and does not 

provide suitable habitat conditions for 

Santa Ana sucker; however, we 

determined this area to be essential for 

the conservation of the species because 

of the process of water and coarse 

sediment transport that it provides. The 

Santa Ana River above Tippecanoe 

Avenue, Mill Creek, and City Creek 

provide stream and storm waters (PCE 

1) which are necessary to transport 

coarse sediments necessary to maintain 

preferred substrate (PCE 2) conditions in 

occupied portions in the Santa Ana 

River and we determined that these 

areas are essential for the conservation 

of the species because of the process of 

water and coarse sediment transport 

that they it provide. The creation and 

operation of Seven Oaks Dam has 

regulated water flow and impeded the 

transport of coarse sediment. However, 

because the operation of Seven Oaks 

Dam, in coordination with Prado Dam 

downstream, is currently permitted for 

flood control operations only 

(operations only regulate flows 

throughout the year in an effort to 


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prevent catastrophic flow events 

downstream) and not for water storage 

purposes (Service 2002, pp. 3–6), the 

flow of water through the dam still 

provides water necessary for occupied 

reaches of the Santa Ana River 

downstream. Storing water for the 

purpose of water conservation (i.e., 

diversions or storage for water sales) is 

not currently authorized, nor was 

proposed as a purpose for Seven Oaks 

Dam (Service 2002, p. 5). Although 

there has recently been a CRWQCB 

decision to allow up to 200,000 acre-feet 

to be diverted from the Seven Oaks Dam 

reservoir, this potential action has not 

been evaluated or approved by the 

Federal agencies involved. The 

CRWQCB stated that water conservation 

operations will be the responsibility of 

the water agency and the appropriate 

Federal agencies will need to be 

consulted before water can be diverted 

for water conservation (i.e., sale) 

purposes (CRWQCB 2009, p. 23). 

As stated above, this subunit is 

relatively unmodified compared to the 

other subunits in this unit, with the 

exception of the upper Santa Ana River 

that contains Seven Oaks Dam and the 

lower portion of City Creek that is 

adjacent to urbanized areas. The critical 

habitat designated in this subunit is 

threatened by impacts associated with, 

but not limited to, water diversion, 

dams, operation of hydro-electrical 

power facilities, or alteration of 

streambeds. We consider the magnitude 

of threats to be less severe than those in 

the lower watershed because the 

majority of the subunit is relatively 

unmodified and portions are within the 

San Bernardino National Forest. 

Nonetheless, we also recognize that 

active management and special 

management considerations or 

protection may be needed in this 

subunit (see Special Management 

Considerations or Protection section 

above). 

Although areas of the Santa Ana River 

above South La Cadena Drive and some 

of its associated tributaries generally dry 

during the summer, portions of the 

upper Santa Ana River system (within 

San Bernardino County) have a higher 

gradient and a greater percentage of 

gravel and cobble substrate than the 

occupied areas that are downstream 

(Warrick and Rubin 2007, pp. 1–2). 

Santa Ana suckers spawn over gravel 

substrates, where their eggs can adhere 

to gravel before hatching into larvae. 

Flood events or high winter flows from 

upstream areas annually replenish this 

coarse substrate and clean sand and silt 

from it (Kondolf 1997, pp. 533–535). 

Additionally, Santa Ana suckers feed by 

scraping algae, insects, and detritus 

from gravel and cobble. Therefore, the 

spawning and feeding substrates (gravel 

and cobble) which are replenished by 

upstream sources are essential to the 

reproductive ability and development of 

Santa Ana suckers in the downstream 

occupied reaches (Kondolf 1997, pp. 

533–535, 536–537). The section of the 

Santa Ana River from above Tippecanoe 

Avenue in San Bernardino, City Creek, 

and Mill Creek (although not currently 

occupied) have become particularly 

essential for the conservation of the 

species since the Seven Oaks Dam has 

reduced the transport of coarse 

sediment and altered the natural flow in 

the downstream, occupied areas of the 

Santa Ana River. They are in fact the 

primary sources of coarse sediment in 

the upper Santa Ana River watershed 

(PCE 2) and additionally are part of the 

Santa Ana River hydrologic system 

(PCE1), and assist in maintaining water 

quality (PCE 4) and temperature (PCE 5) 

to occupied reaches of the Santa Ana 

River; therefore, these areas are essential 

for the conservation of Santa Ana sucker 

(see Sites for Breeding, Reproduction, 

and Rearing (or Development) of 

Offspring section above). 

In our process of determining what 

areas meet the criteria of occupied 

critical habitat, it became apparent that 

habitat and hydrological modifications 

that have been occurring for many years 

in the Santa Ana River have decreased 

the areas suitable for occupation by the 

Santa Ana sucker (Moyle 2002, p. 184; 

Thompson et al. 2010, p. 330). The 

presence of two large dams operating in 

coordination have altered and will 

continue to alter the flow of water and 

coarse sediments in the Santa Ana River 

(Chang 2000, p. 3) that are necessary for 

essential life cycle processes of Santa 

Ana sucker. Specifically, the models 

used to predict the transport of 

sediment throughout the Santa Ana 

River and surveys have confirmed that 

sediment has been significantly 

degraded in the Santa Ana River from 

the E Street USGS gauge (#11059300) to 

the Metropolitan Water District crossing 

USGS gauge (#11066460) and deposited 

above and below these areas (Humphrey 

et al. 2004, pp. 6–7). The deposition and 

degradation of sediments throughout the 

Santa Ana River will eventually level 

the gradient of the Santa Ana River 

between the Seven Oaks and Prado 

Dams. This ongoing process, which 

modifies and degrades the Santa Ana 

sucker’s habitat, highlights the 

importance of designating areas that 

provide for essential processes, such as 

water and coarse sediment transport to 

occupied areas downstream. Therefore, 

we have determined that City Creek, 

Mill Creek, and the Santa Ana River 

above Tippecanoe Avenue are essential 

for the conservation of the species 

because they provide for essential 

processes, such as water and coarse 

sediment transport. 

Subunit 1B: Santa Ana River 

Subunit 1B is located near the cities 

of Colton and Rialto in San Bernardino 

County and the cities of Riverside, 

Norco, and Corona in Riverside County, 

California. This subunit includes 

approximately 22 mi (35 km) of the 

mainstem of the Santa Ana River from 

near Tippecanoe Avenue in San 

Bernardino County to the Prado Dam 

and Flood Control Basin in Riverside 

County. This subunit also includes 

sections of the following tributaries 

(distances are measured from the 

mainstem of the Santa Ana River): 1,647 

ft (502 m) of the Rialto Drain and 2,413 

ft (736 m) Sunnyslope Creek. Lands 

within this subunit are under Federal 

(U.S. Army Corps of Engineers) (521 ac 

(211 ha)), State/Local (2,854 ac (1,155 

ha)), and private (1,396 ac (565 ha)) 

ownership (Table 2). 

Areas within this subunit are within 

the geographical area occupied by the 

species at the time of listing, most are 

currently occupied, and all contain 

physical and biological features 

essential to the conservation of the 

species and may require special 

management considerations or 

protection. An approximate 5.1-mile 

(8.1-km) portion of the Santa Ana River 

between La Cadena Drive and 

Tippecanoe Avenue within Subunit 1B 

is not currently occupied due the barrier 

to upstream dispersal at La Cadena 

Drive; however, this areas was 

considered occupied at the time of 

listing and is essential to the 

conservation of the species and contains 

sources of water and coarse sediment 

(PCE 1) essential to the conservation of 

Santa Ana sucker. This subunit has been 

heavily impacted by urban development 

and threats to Santa Ana sucker and its 

essential features in this subunit result 

from impacts associated with, but not 

limited to: Water diversion; dams; water 

quality impacts from non-point source 

and point source pollution (including 

untreated urban run-off and discharge of 

treated wastewater); and altered 

hydrology throughout the watershed 

(including alterations from instream 

barriers, construction of bridges, 

channelization, and other flood control 

structures). Special management 

considerations or protection may be 

needed in this subunit to protect its 

essential features (see Special 

Management Considerations or 

Protection section above). 


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Recent surveys found Santa Ana 

suckers at various locations in the 

mainstem of the Santa Ana River 

between the Rialto Drain and the Prado 

Dam (Baskin et al., 2005, pp. 1–2; Swift 

2009, pp. 1–3). Santa Ana suckers also 

occupy the Rialto Drain and Sunnyslope 

Creek at least during portions of the year 

(Chadwick Ecological Consultants, Inc. 

1996, p. 9; Swift 2000, p. 8; Swift 2001, 

p. 45). At this time, the low-flow 

channel of the Santa Ana River has 

moved away from its confluence with 

Sunnyslope Creek, and accumulated 

sediments and vegetation are preventing 

access to this creek by Santa Ana 

suckers (OCWD 2009, pp. 5–31). 

However, a connection between the 

mainstem and Sunnyslope Channel will 

likely be reestablished following a highflow event. Santa Ana suckers were 

found upstream of the Rialto Drain in 

the vicinity of the La Cadena Bridge 

drop-structure during spring-time flow 

releases from the Seven Oaks Dam in 

2005 (Baskin et al. 2005, p. 1). However, 

the La Cadena Bridge drop-structure 

currently acts as a barrier to upstream 

migration at all flow levels. Rialto Drain 

and Sunnyslope Creek are the only 

tributaries to the Santa Ana River in this 

subunit where Santa Ana sucker 

spawning has been documented. 

However, the distribution of fry and 

juvenile fish observed in various 

locations within the mainstem is a 

strong indication that spawning areas 

other than the Rialto Drain and 

Sunnyslope Creek likely exist within 

the Santa Ana River. 

In the mainstem of the Santa Ana 

River, dry-season flows are dependent 

primarily on discharges from tertiary 

wastewater treatment plants and 

upwelling of ground water within the 

Unit (CRWQCB 1995, pp. 1–4–1–8; 

Chadwick and Associates, Inc. 1992, p. 

20), while storm-season flows are 

regulated by the upstream Seven Oaks 

Dam. The discharge of treated 

wastewater effluent maintains stream 

volume and velocity within the 

mainstem and the Rialto Drain to 

maintain habitat patches that support 

the riverine environment (PCE 1) 

necessary for Santa Ana sucker. 

However, it appears that these 

wastewater flows are not sufficient to 

deliver coarse sediment downstream 

(Thompson et al. 2010, pp. 327–328). 

The discharge of treated wastewater 

effluent along with the upwelling of 

groundwater also lowers instream water 

temperature to some extent in portions 

of the Santa Ana River (Chadwick and 

Associates, Inc. 1992, p. 26) (PCE 5), 

and rising groundwater in the Riverside 

Narrows feeds several small tributaries 

to the Santa Ana River, including the 

Sunnyslope Creek (CRWQCB 1995, pp. 

1–4–1–8; Swift 2001, p. 3) (PCE 1). 

Rialto Drain and Sunnyslope Creek 

contain gravel and cobble substrate, 

with some sand accumulation along 

channel edges and deep pools, and a 

riparian overstory (PCEs 2 and 6). 

Therefore, these areas provide areas for 

spawning and rearing of fry and juvenile 

fish (PCE 1) and shallow-water refuge 

for Santa Ana suckers during storms and 

during periods of high ambient air 

temperatures (PCE 6). Almost all other 

tributaries to the Santa Ana River in this 

subunit have been channelized, and 

while these tributaries continue to 

provide some water and storm water 

flows to the mainstem, the majority of 

this water is untreated run-off from 

surrounding urban areas. Also, with the 

exception of their confluence with the 

mainstem, it appears these other 

tributaries to the Santa Ana River have 

been modified such that they no longer 

provide suitable habitat for the species. 

In addition to reduced water quality 

and altered hydrology, habitat within 

this subunit has been impacted by the 

construction of several bridges spanning 

the Santa Ana River and grade-control 

structures that fragment habitat for 

Santa Ana sucker. Therefore, the 

physical and biological features 

essential to the conservation of the 

species in this subunit may require 

special management considerations or 

protection to address threats associated 

with water diversion, alteration of 

stream channels and watersheds, and 

reduction of water quantity and quality 

associated with urban development. 

Please see Special Management 

Considerations or Protection section for 

further discussion of the threats to Santa 

Ana sucker habitat. 

Subunit 1C: Lower Santa Ana River 

Subunit 1C is located near the City of 

Corona in Riverside County and the 

cities of Anaheim and Yorba Linda in 

Orange County, California. This subunit 

includes approximately 10.7 mi (17.2 

km) of the Santa Ana River mainstem 

from below the Prado Dam outlet in 

Riverside County to 0.6 mi (1.03 km) 

downstream of the State Route 90 

(Imperial Highway) Bridge in Orange 

County. Tributaries to the Santa Ana 

River in this subunit may provide water 

and storm water flows necessary to 

maintain preferred substrate conditions 

in the occupied portion of the Santa 

Ana River (PCE 1). However, we do not 

currently have information on the extent 

of their contribution and therefore are 

not proposing any tributaries to the 

Santa Ana River in Subunit 1C as 

critical habitat. Lands within this 

subunit are under State/Local (56 ac (23 

ha)) and private (711 ac (288 ha)) 

ownership (Table 2). 

All areas in Subunit 1C are within the 

geographic area occupied by the species 

at the time of listing and contain the 

features essential to the conservation of 

the species and may require special 

management considerations or 

protection. This species has been found 

in the vicinity of the Gypsum Canyon 

Bridge, Weir Canyon drop structure, and 

the Imperial Highway overpass 

(Chadwick Ecological Consultants, Inc. 

1996, p. 9; Swift 2000, pp. 15–20; 

Baskin and Haglund 2001, pp. 1–5). 

More recently Santa Ana suckers were 

collected just below Prado Dam (SMEA 

2008, p. 1; Lovan 2010, pers. comm.). 

This subunit has been heavily 

impacted by urban development and 

threats to Santa Ana sucker and its 

essential features in this subunit result 

from impacts associated with, but not 

limited to: Water diversion; dams; water 

quality impacts from non-point source 

and point source pollution (including 

untreated urban run-off and discharge of 

treated wastewater); and altered 

hydrology throughout the watershed 

(including alterations from instream 

barriers, construction of bridges, 

channelization, and other flood control 

structures). We also recognize that 

special management considerations or 

protection may be needed in this 

subunit to protect its essential features 

(see Special Management 

Considerations or Protection section 

above). 

Upstream water flows to Subunit 1C 

are primarily maintained by releases 

from Prado Dam, a structure that has 

altered the hydrology of the system, 

resulting in fluctuating water (PCE 1) 

and sediment (PCE 2) releases. The 

numerous tributaries flowing into the 

Santa Ana River below Prado Dam 

appear to contribute little dry-season 

flow. Releases from Prado Dam maintain 

perennial stream flow in the Santa Ana 

River, which in turn maintains welldefined banks supporting native 

riparian vegetation (PCE 6) and deep 

pools (PCE 2). However, since the 

velocity is typically high, water released 

below the dam is often turbid. During 

storms, water containing fine sediments 

passes over or through a dam, and 

because sediments remain suspended 

within the reservoir pool for several 

months, downstream turbidity can be 

increased (PCE 4) (Ally 2004a, p. 36). 

Releases of turbid water could also 

degrade downstream foraging and 

spawning habitat if areas become 

covered by fine silts. The operation of 

Prado Dam also traps larger sediments 

therefore decreasing the deposition of 


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gravel and cobble needed to maintain 

spawning and foraging habitat below the 

dam. 

In addition to reduced water quality 

and altered hydrology, habitat within 

this subunit has been impacted by the 

construction of several bridges spanning 

the Santa Ana River that have 

constricted or redirected the stream 

channel in many places. Therefore, the 

physical and biological features 

essential to the conservation of the 

species in this subunit may require 

special management considerations or 

protection to address threats from water 

diversion, alteration of stream channels 

and watersheds, and reduction of water 

quantity and quality associated with 

urban development. Please see the 

Special Management Considerations or 

Protection section of this final rule for 

discussion of the threats to the Santa 

Ana sucker habitat. 

Unit 2: San Gabriel River 

Unit 2 consists of the West, North, 

and East Forks of the San Gabriel River 

upstream of the San Gabriel Reservoir, 

in Los Angeles County, California. This 

unit includes 9.3 mi (14.9 km) of the 

West Fork downstream of Cogswell Dam 

to the San Gabriel Reservoir, 3.2 mi (5.2 

km) of the North Fork upstream from 

the confluence with the West Fork, and 

10.4 mi (16.7 km) of the East Fork 

downstream of the Bridge-of-No-Return 

to the San Gabriel Reservoir. This unit 

also includes sections of the following 

tributaries (distances are measured from 

the mainstem of the fork): 0.3 mi (0.5 

km) of Big Mermaids Canyon Creek and 

3.3 mi (5.3 km) Bear Canyon Creek, both 

tributaries of the West Fork; 0.2 mi (0.2 

km) of the West Fork of Bear Canyon 

Creek, a tributary of Bear Canyon Creek; 

1.5 mi (2.4 km) of Bichota Canyon 

Creek, a tributary of the North Fork; 3.8 

mi (6.2 km) of Cattle Canyon Creek, a 

tributary of the East Fork; and 0.6 mi 

(0.9 km) of Cow Canyon Creek, a 

tributary of Cattle Canyon Creek. Lands 

within this unit are entirely within the 

Angeles National Forest and are under 

Federal (USFS) (917 ac (371 ha)) and 

private (83 ac (34 ha)) ownership (Table 

2). 

All areas in Unit 2 are within the 

geographical area occupied by the 

species at the time of listing, contain the 

features essential to the conservation of 

the species and may require special 

management considerations or 

protection. Unit 2 is the only unit 

designated as critical habitat that, 

overall, has a sediment transport and 

hydrological regime existing in a nearnatural state. The function of Unit 2 is 

to independently support a population 

of Santa Ana sucker within a relatively 

intact watershed that provides good 

water quality and supply, and sediment 

transport. The Santa Ana suckers in this 

unit are the only extant population of 

the species that is not chronically 

exposed to urban runoff or tertiarytreated wastewater discharges. 

Additionally, this unit does not have a 

regulated water supply (with the 

exception of the West Fork of the San 

Gabriel River). However, threats to 

Santa Ana sucker and its essential 

features in this unit result from impacts 

associated with, but not limited to: 

Water diversion; dams; water quality 

impacts as a result of increased run-off 

due to a recent, intense wildfire event; 

and recreational use impacts from OHVs 

or other recreational uses on National 

Forest lands. We also recognize that 

special management considerations or 

protection may be needed in this 

subunit to protect its essential features 

(see Special Management 

Considerations or Protection section 

above). 

In addition to surveys discussed in 

the listing rule (65 FR 19686; April 12, 

2000) and in the previous designation of 

critical habitat for Santa Ana sucker (70 

FR 425; January 4, 2005), additional 

surveys have documented Santa Ana 

suckers in the West, North, and East 

Forks of the San Gabriel River and the 

following tributaries: Big Mermaids 

Canyon, Bear Canyon, Bichota Canyon, 

Cattle Canyon, and Cow Canyon Creeks 

(Haglund and Baskin 1992, p. 32; 

O’Brien 2009a, pp. 2–3; Ally 2004b, pp. 

8–9, 14–15, 22, 24–25, 28; Ally 2004c, 

pp. 9–10, 13–14, 16–17; Tennant 2004, 

pp. 5–8; Tennant 2006, p. 3). The West, 

North, and East Forks of the San Gabriel 

River have one of the most intact native 

freshwater fish faunas in Southern 

California (Haglund and Baskin 2003, p. 

7), have good water quality, and appear 

to support the highest abundance of 

Santa Ana suckers within the species’ 

range. 

Natural water flow in the North and 

East forks, and the tributaries included 

in this unit, is unimpeded by large-scale 

dams. However, water flows in the West 

Fork of the San Gabriel River are 

affected by Cogswell Dam, a structure 

that has altered the hydrology of the 

system, resulting in fluctuating water 

(PCE 1) and sediment (PCE 2) releases. 

During its operational life, the Cogswell 

Reservoir has accumulated a large 

volume of sediment behind the dam that 

affects the quality of water released both 

through operations and unavoidable, 

uncontrolled leakage (Ally 2004a, p. 1). 

During the summer months, the only 

flow into the West Fork of the San 

Gabriel River is the result of leakage 

from the dam, and because flow 

velocities are low, sediments do not 

travel far downstream (Ally 2004a, p. 

36). During storms, water containing 

fine sediments passes over or through 

the dam, and because sediments remain 

suspended within the reservoir pool for 

several months, downstream turbidity 

may be increased over usual conditions 

(PCE 4) (Ally 2004a, p. 36). Previous 

releases from Cogswell Dam containing 

more than 200,000 cubic yards (152,911 

cubic meters) of silt and other sediment 

have severely impacted the habitat of 

the West Fork of the San Gabriel River 

and San Gabriel Reservoir (Drake 1988, 

p. 7; Haglund and Baskin 1992, p. 57; 

Moyle and Yoshiyama 1992, p. 204; 

Moyle et al. 1995, p. 203; Moyle 2002, 

p. 184). These rapid increases in flow 

volume and velocity along with 

sediment sluicing may disrupt Santa 

Ana sucker spawning and flush juvenile 

Santa Ana suckers into areas with 

unsuitable habitat. 

Along with impacts associated with 

the operation of Cogswell Dam, habitat 

within Unit 2 has also been impacted by 

recreational activities, including OHV 

use and the construction of recreational 

dams. Authorized OHV activity occurs 

in the USFS’s San Gabriel Canyon OHV 

Area at the junction of the East, North, 

and West Forks. The use of the river as 

an OHV recreational area may result in 

adverse effects to Santa Ana sucker by 

increasing turbidity (PCE 4); disrupting 

the physical structure of habitat for 

spawning, resting, and feeding (PCE 2); 

and introducing pollutants (such as oil 

and gas) into streams (PCE 4) (65 FR 

19686; April 12, 2000). To minimize 

impacts to Santa Ana sucker from OHV 

use, the USFS has implemented 

protection measures (such as 

establishing designated stream crossings 

and limiting the number of stream 

crossings in the OHV area) (Service 

2005b, p. 8). The construction of 

‘‘recreational’’ dams degrades instream 

and possibly bank habitat, increases 

turbidity (PCE 4), and disrupts sediment 

transport. Over 500 recreational dams 

were found in 2001 and 2002 within a 

7.1–mi (11.4–km) reach of the East Fork 

of the San Gabriel River (Ally 2001, p. 

2; Ally 2003, pp. 1–2). Recreational 

dams are constructed on a frequent basis 

in the San Gabriel Canyon OHV Area in 

the North Fork of this river as well 

(USFS 2008, p. 6). Therefore, the 

physical and biological features 

essential to the conservation of the 

species in this unit may require special 

management considerations or 

protection to address threats associated 

with water diversion, alteration of 

stream channels and watersheds, and 

human recreational activities. 


jlentini on DSKJ8SOYB1PROD with RULES2
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Unit 2 was not directly impacted by 

the 2009 Station Fire that burned 

approximately 161,000 ac (64,975 ha) of 

lands in the San Gabriel Mountains 

(USFS 2009, p. 4), although indirect 

impacts associated with post-fire debris 

flow and changes to water quality may 

have occurred or could occur in the 

future. Because this particular area did 

not burn in the Station Fire, it was not 

analyzed in the U.S. Geological Survey 

(USGS 2009) or USFS (2009) reports; 

however, the burned area is directly 

adjacent to the West Fork of the San 

Gabriel River and thus may have some 

impact to critical habitat. For additional 

information on this fire and its 

anticipated impacts, see the Unit 3: Big 

Tujunga Creek section below. Please see 

Special Management Considerations or 

Protection section of this final rule for 

discussion of the threats to Santa Ana 

sucker habitat. 

Unit 3: Big Tujunga Creek 

Unit 3 includes a total of 1,233 ac 

(499 ha) of land and consists of two 

subunits located in Los Angeles County, 

California. Lands within this unit are 

under Federal (USFS) (286 ac (116 ha)) 

and private (947 ac (384 ha)) ownership 

(Table 2). The purpose of this unit is to 

independently support a population of 

Santa Ana sucker in a functioning 

hydrologic system that provides suitable 

water quality and supply, and coarse 

sediments. One of the two subunits in 

Unit 3, Subunit 3B is outside of the 

geographic range occupied by the 

species at the time of listing but 

provides essential sources of water and 

sediment to the occupied subunit (3A) 

within the unit. 

In August 2009, the Station Fire began 

and eventually burned approximately 

161,000 ac (64,975 ha) of lands within 

the San Gabriel Mountains (USFS 2009, 

p. 4). The fire burned conifer forests, 

chaparral, and riparian vegetation in the 

stream corridors, including 

approximately 81 mi (130.36 km) of 

perennial channel and 572 mi (920.54 

km) of intermittent stream beds (USFS 

2009, p. 2). As a result of this fire, 

excessive debris flows and changes to 

water quality are anticipated to occur 

during seasonal rains over the next 

several years. The greatest potential for 

significant impacts resulting from 

elevated debris flows is anticipated in 

Big Tujunga Canyon, Pacoima Canyon, 

Arroyo Seco Canyon, the West Fork of 

the San Gabriel River, and Devil’s 

Canyon (USFS 2009, p. 4). The 

estimated debris flow probability for a 

3-hour duration, 1-year-reoccurence 

thunderstorm in the area impacted by 

the Station Fire indicates an 81 to 100 

percent probability for impact to critical 

habitat in all of Unit 3 (USGS 2009, p. 

9, Fig 3A). Anticipated post-fire impacts 

to streams within this unit include ash 

and debris deposition that may 

physically alter streambeds and pools, 

increased scouring of riparian and 

aquatic vegetation, and increased water 

temperature from the short-term loss of 

canopy shading (USFS 2009, p. 5). 

Changes to water quality (such as 

increased turbidity) are also anticipated 

from both post-fire impacts and from the 

release and mobilization of toxic 

chemicals such as gas, oil, and building 

materials as a result of burned structures 

and their contents (USFS 2009, p. 6). 

The USFS determined that the future 

combined impacts attributed to the 

Station Fire may lead to a temporary 

loss or reduction of suitable stream 

habitat and a localized risk of 

extirpation that may result in 

threatening the viability of Santa Ana 

sucker (USFS 2009, p. 7). Additionally, 

the loss of vegetation and creation of 

roads for firefighting may allow greater 

access to streambeds and facilitate 

increased OHV use, resulting in further 

habitat degradation (USGS 2009, p. 7). 

Subunit 3A: Big Tujunga and Haines 

Creeks 

Subunit 3A includes an 

approximately 13–mi (21–km) stretch of 

Big Tujunga Creek (a tributary of the Los 

Angeles River) between the Big Tujunga 

Dam and Reservoir and Hansen Dam 

and Flood Control Basin. This subunit 

also includes Haines Creek, a small 

stream within the floodplain of Big 

Tujunga Creek. The 1,189 ac (481 ha) of 

land within this subunit is under 

Federal (USFS) (242 ac (98 ha)) and 

private (947 ac (384 ha)) ownership 

(Table 2). 

All areas of Subunit 3A are within the 

geographical area occupied by the 

species at the time of listing and contain 

the features essential to the conservation 

of the species which may require special 

management considerations or 

protection. This subunit has been 

heavily impacted by urban 

development. Threats to Santa Ana 

sucker and its essential features in this 

subunit result from impacts associated 

with, but not limited to: Water 

diversion; dams; Water quality impacts 

from non-point source and point source 

pollution (including untreated urban 

run-off and discharge of treated 

wastewater); and altered hydrology 

throughout the watershed (including 

alterations from instream barriers, 

construction of bridges, channelization 

and other flood control structures). We 

also recognize that special management 

considerations or protection will be 

required in this subunit to protect its 

essential features (see Special 

Management Considerations or 

Protection section above). 

In addition to surveys cited in the 

listing rule (65 FR 19686; April 12, 

2000) and in the previous designation of 

critical habitat for Santa Ana sucker (70 

FR 425; January 4, 2005), other surveys 

have documented Santa Ana suckers in 

Big Tujunga Creek between Delta Flats 

and Vogel Flats (Haglund and Baskin 

2001, pp. 2–4; O’Brien 2009b, p. 2), and 

in the Big Tujunga Wash Mitigation 

Bank, including Haines Creek 

(Chambers Group 2004, pp. 6–3, 6–4). 

There has been previous speculation 

that Big Tujunga Creek between the Big 

Tujunga Dam and Big Tujunga Canyon 

Road Bridge may no longer be occupied 

by Santa Ana sucker; however, recent 

surveys indicate that Santa Ana suckers 

are present in this area but in relatively 

low abundance (Haglund and Baskin 

2010, pp. 17–18). Swift (2002, p. 3) 

speculates that streambed 

characteristics in three places upstream 

of Big Tujunga Canyon Road Bridge may 

prevent upstream movement or make 

movement possible only during rare 

high flow events. We currently consider 

this area occupied because Santa Ana 

suckers have been documented near and 

downstream of the Big Tujunga Canyon 

Road Bridge and because we do not 

have evidence of the existence of 

barriers permanently precluding 

upstream movement to the dam. The 

upstream sections of Big Tujunga Creek 

are also important for providing stream 

and storm waters necessary to transport 

coarse sediments to maintain preferred 

substrate conditions (PCE 2) for Santa 

Ana sucker in occupied areas 

downstream. 

A section of Haines Creek upstream of 

the Foothill Bridge traverses the Angeles 

National Golf Course. This 160-ac (65 

ha), privately-owned golf course lies 

between the confluence of Big Tujunga 

and Haines Creeks and includes the 

alluvial floodplain and multiple lowflow channels that traverse the golf 

course. Periodic high storm flows from 

the Big Tujunga Creek travel through the 

golf course into Haines Creek on an 

irregular basis and likely provide the 

only source of stream and storm waters 

necessary to transport coarse sediments 

(from Big Tujunga Creek) to maintain 

preferred substrate conditions (PCE 2) to 

the occupied portion of Haines Creek 

(Chambers Group 2004, p. 6–4). 

Therefore, the alluvial floodplain and 

multiple low-flow channels that traverse 

the golf course are essential to the 

conservation of the species because they 

provide the primary (and potentially the 

sole) source of stream and storm waters 

(PCEs 1, 4, and 7) downstream into the 


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Big Tujunga Wash Mitigation Bank that 

supports Santa Ana sucker (see 

Summary of Changes From Previously 

Designated Critical Habitat section 

above for more discussion of the area 

designated as critical habitat on the 

Angeles National Golf Course). 

The upstream portion of this subunit 

is within the Angeles National Forest 

and is therefore not exposed to the 

effects of urbanization. However, the 

downstream portion of Big Tujunga 

Creek between the Oro Vista Bridge and 

Hansen Dam is adjacent to existing 

urban development south of the creek, 

which has altered water flows 

transporting coarse sediment (PCE 2) 

into the Big Tujunga Creek. Several 

tributaries (including the upper portion 

of Haines Creek) that flow into Big 

Tujunga Creek through the communities 

of Sunland and Tujunga have been 

channelized through urbanized areas for 

flood control purposes. This 

channelization has eliminated habitat 

for Santa Ana sucker, altered the 

hydrologic regime (PCE 1), and reduced 

the transport of sediments needed to 

maintain channel substrate conditions 

(PCE 2) in the occupied sections of Big 

Tujunga Creek. 

Habitat in Subunit 3A has been 

altered due to the operation of the Big 

Tujunga Dam upstream and Hansen 

Dam downstream. All flows in the 

occupied reaches of Big Tujunga Creek 

are moderated by the operation of Big 

Tujunga Dam, which has eliminated 

flows along most of the creek during late 

summer and autumn of dry years 

(Palavido et al. 2008, p. 8), thereby 

reducing not only the amount of water 

(PCE 1) entering the system but also the 

amount of coarse sediment (PCE 2) 

being transported downstream. During 

these dry periods, Santa Ana suckers are 

restricted to an approximate 1-mi (1.6- 

km) section of the creek (Palavido et al. 

2008, p. 8). At times, the creek can be 

reduced to a series of standing pools 

with only a trickle of flow between them 

(Swift 2002, p. 1), further isolating Santa 

Ana suckers (PCE 1). To minimize 

impacts to the species, a strategy is 

being developed with the objective of 

maintaining and enhancing Santa Ana 

sucker habitat within the lower Big 

Tujunga Creek (Mendez 2005, p. 1). 

Habitat within this subunit has also 

been impacted by the construction of 

several bridges (such as the Foothill, 

Interstate-210, and Oro Vista bridges). 

The habitat that serves as a connective 

corridor (PCE 7) within both Big 

Tujunga Creek and Haines Creek as they 

flow under the Foothill and Interstate210 bridges is often temporarily 

fragmented during periods of low flow 

(Swift 2006a, p. 2). Hence, sufficient 

water flow from the upstream dam is 

necessary to ensure water and coarse 

sediment transport to maintain the 

stream channel substrate conditions 

required by Santa Ana sucker in this 

area (PCEs 1, 2, and 7). The physical 

and biological features essential to the 

conservation of the species in this unit 

may require special management 

considerations or protection to address 

threats associated with water diversion, 

alteration of stream channels and 

watersheds, and human recreational 

activities. Please see Special 

Management Considerations or 

Protection section of the 2009 proposed 

rule and this final rule for discussion of 

the threats to Santa Ana sucker habitat. 

Subunit 3B: Gold, Delta, and Stone 

Canyon Creeks 

Subunit 3B consists of three 

tributaries to Big Tujunga Creek 

(measured from their confluence with 

the mainstem): A 1.89-mi (3.04-km) 

section of Gold Canyon Creek, a 0.79-mi 

(1.27-km) section of Delta Canyon 

Creek, and a 0.67-mi (1.08-km) section 

of Stone Canyon Creek. The 44 ac (18 

ha) of land within this subunit is 

entirely within the Angeles National 

Forest and is entirely under Federal 

(USFS) ownership (Table 2). 

The three tributaries in this Subunit 

3B are not within the geographical range 

of the species occupied at the time of 

listing and are not currently occupied, 

but are included in this critical habitat 

designation because they contribute 

essential coarse sediments and flows to 

occupied habitats downstream (PCEs 1 

and 2). This subunit has been impacted 

by urban development, although to a 

lesser extent than the mainstem of Big 

Tujunga Creek. Threats to the critical 

habitat designated in this subunit result 

from impacts associated with, but not 

limited to, water diversion, dams, and 

altered hydrology in the lower portion 

of the watershed. We also recognize that 

special management considerations or 

protection may be required in this 

subunit (see Special Management 

Considerations or Protection section 

above). 

While we are not aware of any 

surveys for Santa Ana sucker conducted 

in Gold Canyon, Delta Canyon, or Stone 

Canyon Creeks, it appears that the 

slopes of Delta Canyon and Stone 

Canyon Creeks from near their 

confluence with Big Tujunga Creek are 

too steep to be passable by Santa Ana 

sucker. The slope of Gold Canyon Creek 

from approximately 0.49 mi (0.8 km) 

from its confluence with Big Tujunga 

Creek also appears to be too steep to be 

passable by Santa Ana sucker. Please 

see the Criteria Used To Identify Critical 

Habitat section of this final rule for a 

discussion of how we determined the 

slope within these creeks. 

These tributaries are particularly 

essential for the conservation of the 

species given the extent to which the 

hydrology and the habitat of the 

downstream occupied section of Big 

Tujunga Creek has been altered and 

degraded due to the construction and 

operation of Big Tujunga Dam. These 

creeks are essential for the conservation 

of the species because they provide and 

transport coarse sediment (PCE 2) and 

convey stream flows and flood waters 

(PCE 1) necessary to maintain habitat 

conditions for the downstream occupied 

areas of Big Tujunga Creek. The areas of 

these creeks at their confluence with Big 

Tujunga Creek also provide protective 

areas for juvenile Santa Ana suckers 

during high flow events, during periods 

of high ambient temperatures, and from 

predators (PCEs 1 and 6). 

Effects of Critical Habitat Designation 

Section 7 Consultation 

Section 7(a)(2) of the Act requires 

Federal agencies, including the Service, 

to ensure that actions they fund, 

authorize, or carry out are not likely to 

destroy or adversely modify critical 

habitat. Decisions by the courts of 

appeals for the Fifth and Ninth Circuits 

have invalidated our definition of 

‘‘destruction or adverse modification’’ 

(50 CFR 402.02) (see Gifford Pinchot 

Task Force v. U.S. Fish and Wildlife 

Service, 378 F.3d 1059 (9th Cir. 2004) 

and Sierra Club v. U.S. Fish and 

Wildlife Service et al., 245 F.3d 434, 

442F (5th Cir. 2001)), and we do not rely 

on this regulatory definition when 

analyzing whether an action is likely to 

destroy or adversely modify critical 

habitat. Under the statutory provisions 

of the Act, we determine destruction or 

adverse modification on the basis of 

whether, with implementation of the 

proposed Federal action, the affected 

critical habitat would remain functional 

(or retain those physical and biological 

features or the ability of the PCEs to be 

functionally established in the area) to 

serve its intended conservation role for 

the species. 

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. As a result of this consultation, 

we document compliance with the 


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requirements of section 7(a)(2) of the 

Act through our issuance of: 

1. A concurrence letter for Federal 

actions that may affect, but are not 

likely to adversely affect, listed species 

or critical habitat; or 

2. A biological opinion for Federal 

actions that may affect, and are likely to 

adversely affect, listed species or critical 

habitat. 

An exception to the concurrence 

process referred to in (1) above occurs 

in consultations involving National Fire 

Plan projects. In 2004, USFS and BLM 

reached agreements with the Service to 

streamline a portion of the section 7 

consultation process (BLM–ACA 2004, 

pp. 1–8; FS–ACA 2004, pp. 1–8). The 

agreements allow USFS and BLM the 

opportunity to make ‘‘not likely to 

adversely affect’’ determinations for 

projects implementing the National Fire 

Plan. Such projects include prescribed 

fire, mechanical fuels treatments 

(thinning and removal of fuels to 

prescribed objectives), emergency 

stabilization, burned area rehabilitation, 

road maintenance and operation 

activities, ecosystem restoration, and 

culvert replacement actions. The USFS 

and BLM must ensure staff are properly 

trained, and both agencies are required 

to submit monitoring reports to the 

Service to determine if the procedures 

are being implemented properly and 

effects to endangered species and their 

habitats are being properly evaluated. 

As a result, we do not believe the 

alternative consultation processes being 

implemented as a result of the National 

Fire Plan will differ significantly from 

those consultations being conducted by 

the Service. 

When we issue a biological opinion 

concluding that a project is likely to 

jeopardize the continued existence of a 

listed species or destroy or adversely 

modify critical habitat, we also provide 

reasonable and prudent alternatives to 

the project, if any are identifiable. We 

define reasonable and prudent 

alternatives at 50 CFR 402.02 as 

alternative actions identified during 

consultation that: 

1. Can be implemented in a manner 

consistent with the intended purpose of 

the action, 

2. Can be implemented consistent 

with the scope of the Federal agency’s 

legal authority and jurisdiction, 

3. Are economically and 

technologically feasible, and 

4. Would, in the Director’s opinion, 

avoid jeopardizing the continued 

existence of the listed species or 

destroying or adversely modifying 

critical habitat. 

Reasonable and prudent alternatives 

can vary from slight project 

modifications to extensive redesign or 

relocation of the project. Costs 

associated with implementing a 

reasonable and prudent alternative are 

similarly variable. 

Regulations at 50 CFR 402.16 require 

Federal agencies to reinitiate 

consultation on previously reviewed 

actions in instances where we have 

listed a new species or subsequently 

designated critical habitat that may be 

affected and the Federal agency has 

retained discretionary involvement or 

control over the action (or the agency’s 

discretionary involvement or control is 

authorized by law). Consequently, 

Federal agencies may sometimes need to 

request reinitiation of consultation with 

us on actions for which formal 

consultation has been completed, if 

those actions with discretionary 

involvement or control may affect 

subsequently listed species or 

designated critical habitat. 

Federal activities that may affect 

Santa Ana sucker or its designated 

critical habitat require section 7 

consultation under the Act. Activities 

on State, Tribal, local, or private lands 

requiring a Federal permit (such as a 

permit from the U.S. Army Corps of 

Engineers under section 404 of the 

Clean Water Act (33 U.S.C. 1251 et seq.) 

or a permit from us under section 10 of 

the Act) or involving some other Federal 

action (such as funding from the Federal 

Highway Administration, Federal 

Aviation Administration, or the Federal 

Emergency Management Agency) are 

subject to the section 7 consultation 

process. Federal actions not affecting 

listed species or critical habitat, and 

actions on State, Tribal, local, or private 

lands that are not Federally funded, 

authorized, or permitted, do not require 

section 7 consultations. 

Application of the ‘‘Adverse 

Modification’’ Standard 

The key factor related to the adverse 

modification determination is whether, 

with implementation of the proposed 

Federal action, the affected critical 

habitat would continue to serve its 

intended conservation role for the 

species, or would retain those physical 

and biological features essential for the 

conservation of the species. Activities 

that may destroy or adversely modify 

critical habitat are those that alter the 

physical and biological features or the 

area itself to an extent that appreciably 

reduces the conservation value of 

critical habitat for Santa Ana sucker. As 

discussed above, the role of critical 

habitat is to support the life-history 

needs of the species and provide for the 

conservation of the species. 

Section 4(b)(8) of the Act requires us 

to briefly evaluate and describe, in any 

proposed or final regulation that 

designates critical habitat, activities 

involving a Federal action that may 

destroy or adversely modify such 

habitat, or that may be affected by such 

designation. 

Activities that, when carried out, 

funded, or authorized by a Federal 

agency, may affect critical habitat and 

therefore should result in consultation 

for Santa Ana sucker include, but are 

not limited to: 

1. Actions that would alter the 

hydrology to a degree that appreciably 

reduces the value of the critical habitat 

for either the survival or the recovery of 

the species. Such activities could 

include, but are not limited to, 

impoundment, channelization, water 

diversion, removal of water from 

waterways, construction, licensing, 

relicensing, and operation of dams or 

other water impoundments. Effects of 

these activities may include (but are not 

necessarily limited to) reducing the 

suitable space for individual and 

population growth and for normal 

behavior; reducing or changing sites for 

breeding, reproduction, and rearing (or 

development) of offspring; removing 

cover and shelter necessary for Santa 

Ana sucker by reducing the availability 

of suitable habitat for reproduction and 

survival; decreasing food sources; 

increasing water temperatures; and 

facilitating predation by nonnative 

species. 

2. Actions that would significantly 

alter water quality to a degree that 

appreciably reduces the value of the 

critical habitat for either the survival or 

the recovery of the species. Such 

activities could include, but are not 

limited to, release of excess nutrients or 

heated effluents into the surface water 

or connected groundwater at a point 

source or by dispersed release 

(nonpoint). Effects of these activities 

may include (but are not necessarily 

limited to) reduction in the quality of 

the food, water, light, minerals, or other 

nutritional or physiological 

requirements necessary for Santa Ana 

sucker by changing the nutrient or 

chemical composition of the river; 

introduction of chemicals that may 

influence reproductive success; and 

nutrient changes that result in food 

source changes that are not suitable for 

Santa Ana sucker. 

3. Actions that would significantly 

increase sediment deposition within the 

stream channel to a degree that 

appreciably reduces the value of the 

critical habitat for both the long-term 

survival and recovery of the species. 

Such activities could include, but are 


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not limited to, excessive sedimentation 

from road construction; timber harvest; 

off-road vehicle use; residential, 

commercial, and industrial 

development; and various other 

watershed and floodplain disturbances. 

Effects of these activities may include 

(but are not necessarily limited to) 

reducing of the suitable space for 

individual and population growth and 

for normal behavior; reducing or 

changing sites for breeding, 

reproduction, and rearing (or 

development) of offspring; removing 

cover and shelter necessary for Santa 

Ana sucker by depositing fine sediment 

on top of the instream mosaic of 

substrates and scouring of instream 

vegetation; decreasing food sources; and 

increasing turbidity, resulting in 

unsuitable habitat conditions for Santa 

Ana sucker. 

4. Actions that would significantly 

alter channel morphology or geometry 

to a degree that appreciably reduces the 

value of the critical habitat for both the 

long-term survival and recovery of the 

species. Such activities could include, 

but are not limited to, channelization, 

impoundment, road and bridge 

construction, mining and other removal 

of substrate, and destruction of riparian 

vegetation. Effects of these activities 

may include (but are not necessarily 

limited to) reducing the suitable space 

for individual and population growth 

and for normal behavior; reducing or 

changing sites for breeding, 

reproduction, and rearing (or 

development) of offspring; reducing the 

quality of the food, water, light, 

minerals, or other nutritional or 

physiological requirements; removing 

cover and shelter necessary for Santa 

Ana sucker by depositing fine sediment 

on top of the instream mosaic of 

substrates and scouring of instream 

vegetation; decreasing food sources; 

increasing water temperatures; and 

facilitating predation by nonnative 

species. 

5. Actions that would facilitate the 

introduction, spread, or augmentation of 

nonnative aquatic species in critical 

habitat to a degree that appreciably 

reduces the value of the critical habitat 

for both the long-term survival and 

recovery of the species. Such activities 

could include, but are not limited to, the 

stocking of fish for sport or recreation, 

biological control, or other purposes; 

aquaculture; and construction and 

operation of canals. Effects of these 

activities may include (but are not 

necessarily limited to) reducing the 

suitable space for individual and 

population growth and for normal 

behavior and reducing or changing sites 

for breeding, reproduction, and rearing 

(or development) of offspring necessary 

for Santa Ana sucker by modifying the 

physical and biological elements of the 

habitat such that they are preferred by 

nonnative predators, which would 

increase predation risk to Santa Ana 

sucker. 

Exemptions 

Application of Section 4(a)(3) of the Act 

The National Defense Authorization 

Act for Fiscal Year 2004 (Pub. L. 108– 

136) amended the Act to limit areas 

eligible for designation as critical 

habitat. Specifically, section 4(a)(3)(B)(i) 

of the Act (16 U.S.C. 1533(a)(3)(B)(i)) 

now provides: ‘‘The Secretary shall not 

designate as critical habitat any lands or 

other geographical areas owned or 

controlled by the Department of 

Defense, or designated for its use, that 

are subject to an integrated natural 

resources management plan prepared 

under section 101 of the Sikes Act (16 

U.S.C. 670a), if the Secretary determines 

in writing that such plan provides a 

benefit to the species for which critical 

habitat is proposed for designation.’’ 

There are no Department of Defense 

lands within the critical habitat 

designation. Therefore, we are not 

exempting lands from this final 

designation of critical habitat for Santa 

Ana sucker under section 4(a)(3)(B)(i) of 

the Act. For more information regarding 

the exemption of Department of Defense 

lands, see the Application of Section 

4(a)(3) of the Act section of the 

proposed rule (74 FR 65056; December 

9, 2009). 

Exclusions 

Application of Section 4(b)(2) of the Act 

In the proposed revised critical 

habitat rule (74 FR 65056; December 9, 

2009) and document that made available 

the DEA (75 FR 38441; July 2, 2010), we 

announced that we were considering for 

exclusion under section 4(b)(2) of the 

Act lands in the Santa Ana River 

watershed covered by the Santa Ana 

sucker (SAS) Conservation Program and 

the Western Riverside County MSHCP. 

These areas include 5,471 ac (2,214 ha) 

covered by the SAS Conservation 

Program (Subunit 1B (Santa Ana River) 

and Subunit 1C (Lower Santa Ana 

River)) and 3,048 ac (1,234 ha) owned 

by or under the jurisdiction of the 

Western Riverside County MSHCP 

permittees (Subunit 1B (Santa Ana 

River) and portions of Subunit 1C 

(Lower Santa Ana River)). Under section 

4(b)(2) of the Act, the Secretary may 

exercise his discretion to exclude a 

specific area from critical habitat 

designation if the determination is made 

that the benefits of excluding the area 

outweigh the benefits of inclusion. We 

have declined to exercise our delegated 

discretion to exclude any areas from 

final critical habitat designation. The 

following discussion describes our 

rationale. 

Description of Western Riverside County 

Multiple Species Conservation Program 

(Western Riverside County MSHCP) and 

the Santa Ana Sucker Conservation 

Program (SAS Conservation Program) 

The areas considered for exclusion in 

Subunits 1B and 1C fall either within 

the SAS Conservation Program or the 

Western Riverside County MSHCP plan 

areas. Some of the permittees of the 

Western Riverside County MSHCP are 

also participants in the SAS 

Conservation Program, which preceded 

the development of the Western 

Riverside County MSHCP. The Western 

Riverside County MSHCP also relies, in 

part, on the SAS Conservation Program 

to address flood control and routine 

maintenance operations within these 

subunits. Routine maintenance and 

operational activities in the Santa Ana 

River that are undertaken by permittees 

of the Western Riverside County 

MSHCP are not ‘‘covered activities’’ in 

the Western Riverside County MSHCP’s 

plan. Because of the relationship and 

reliance of the Western Riverside 

MSHCP and SAS Conservation Program 

on one another and their concurrent 

jurisdiction over the same geographical 

area, we are conducting a single 

exclusion analysis for the area 

considered for exclusion in Subunits 1B 

and 1C. 

The Western Riverside County 

MSHCP is a regional, multijurisdictional HCP with 22 participating 

permittees encompassing about 1.26 

million ac (510,000 ha) in western 

Riverside County. Over the 75-year term 

of the permit, the permittees will 

implement conservation measures for 

146 ‘‘covered species’,’’ including Santa 

Ana sucker. For Santa Ana sucker, the 

Western Riverside County MSHCP 

specifically identifies conservation 

objectives to: (1) Provide long-term 

conservation for the species, (2) develop 

a management and monitoring plan for 

the species, and (3) mitigate for impacts 

to Santa Ana sucker habitat that are 

associated with permittee activities 

(Dudek and Associates, Inc. 2003, pp. 6– 

24, F–19–F–20; Service 2004c, p. 258) 

(see the document making available the 

DEA (75 FR 38441; July 2, 2010) for 

additional description of the Western 

Riverside County MSHCP). Permittees 

implement the above conservation 

measures for Santa Ana sucker over the 

75-year permit term. Despite these 

planned conservation measures, results 


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from recent surveys and research efforts 

indicate that the status of Santa Ana 

sucker and its available habitat have 

continued to decline in the portions of 

the Santa Ana River covered by the plan 

since the plan’s approval in 2004 

(SMEA 2009, pp. 1–4; Thompson et al. 

2010, pp. 321–332; see also Geographic 

Range and Status and Rationale for 

Including the Western Riverside County 

MSHCP and SAS Conservation Program 

in this Final Critical Habitat Designation 

sections). 

The Santa Ana Sucker Conservation 

Program (SAS Conservation Program) 

was developed over a 10-year period 

through a multi-agency partnership of 

Federal, State, and local government 

agencies and the private sector. The 

Program encourages a river-wide 

approach to Santa Ana sucker 

conservation through the development 

and implementation of a regional 

maintenance program (Team 2009, p. 1– 

1). The SAS Conservation Program 

encompasses the Santa Ana River and 

the lower reaches of its tributaries 

extending generally from Tippecanoe 

Avenue in San Bernardino County to 

Chapman Avenue in Orange County 

(SAWPA 2008, pp. 13–18). To facilitate 

permitting for routine maintenance 

activities along the Santa Ana River, the 

current participants of the SAS 

Conservation Program jointly applied 

for a Regional General Permit from the 

U.S. Army Corps of Engineers (ACOE) 

under the Clean Water Act (33 U.S.C. 

1251 et seq.); however, to date this 

permit has not been issued and 

consultation under section 7 of the Act 

to evaluate the effects of the permit on 

Santa Ana sucker has not been 

completed. The participants’ unified 

approach to their maintenance activities 

aims to avoid and minimize impacts to 

the Santa Ana sucker and its habitat. 

The SAS Conservation Program has 

completed various conservation actions 

including: (1) A draft video to educate 

staff and contractors on Santa Ana 

sucker and its habitat; (2) research and 

studies on Santa Ana sucker 

distribution, movement, spawning, 

impacts from nonnative predators, fish 

health, and water quality and habitat 

suitability and its influence on Santa 

Ana sucker distribution (Saiki 2000, pp. 

1–117; Swift 2001, pp. 1–94; Thompson 

et al. 2010, pp. 321–332); and (3) annual 

demographic monitoring since 2000. 

Rationale for Including the Western 

Riverside County MSHCP and SAS 

Conservation Program in This Final 

Critical Habitat Designation 

We analyzed the benefits of including 

lands covered by the Western Riverside 

County MSHCP and the SAS 

Conservation Program in the final 

designation and the benefits of 

excluding those lands from the 

designation. The plan and program have 

established valuable partnerships that 

are intended to implement conservation 

actions for Santa Ana sucker. However, 

in conducting our evaluation of the 

conservation benefits to Santa Ana 

sucker and its essential habitat that have 

resulted to date from these partnerships, 

we did not conclude that the benefits of 

excluding Subunits 1B and 1C from 

critical habitat outweigh the benefits of 

inclusion. In any case, given the 

conservation status of the Santa Ana 

sucker, we are not exercising our 

delegated discretion to exclude any 

lands under section 4(b)(2) of the Act in 

this final critical habitat rule. 

There are significant regulatory and 

educational benefits to critical habitat 

designation in Subunits 1B and 1C 

(compared to no critical habitat 

designation). When reviewing the 

Western Riverside County MSHCP 

under section 10 of the Act, we 

conducted an analysis of conservation 

for Santa Ana sucker afforded by the 

plan and anticipated that (over the term 

of the permit) up to 443 ac (179 ha) of 

Santa Ana sucker habitat may be 

impacted within the plan area (Service 

2004c, p. 260) and 3,480 ac (1,408 ha) 

of Santa Ana sucker habitat may be 

conserved (Service 2004c, p. 256). 

However, since the permit was issued in 

2004, no essential habitat for the Santa 

Ana sucker has been conserved under 

the plan. With regard to the SAS 

Conservation Program, which has been 

in existence for over 10 years, we note 

that the routine operations and 

maintenance activities of program 

participants along and within the Santa 

Ana River and its tributaries in Subunits 

1B and 1C that may adversely affect the 

Santa Ana sucker and its habitat were to 

be addressed through consultation 

under section 7 of the Act with the 

ACOE. However, while the SAS 

Conservation Program’s partnership 

remains strong, formal consultation 

under section 7 has not yet been 

completed because specific 

conservation actions as well as the 

scope of routine maintenance and flood 

control operations and planned future 

activities by the participating entities 

have not yet been adequately defined. 

As a consequence, the implementation 

of conservation measures by SAS 

Conservation Program participants 

intended to ensure the compatibility of 

their activities with protection of Santa 

Ana sucker and its essential habitat, and 

additional on-the-ground conservation 

measures proposed to conserve the 

Santa Ana sucker, have not yet occurred 

or been fully evaluated as to their 

effectiveness. 

In addition, a public comment 

received from the Riverside County 

Flood Control District (RCFCD 2010, p. 

1) in response to the 2009 proposed 

revised critical habitat designation, 

states that there are potential projects 

within the Santa Ana River that are not 

included as ‘‘covered activities’’ in the 

Western Riverside County MSHCP nor 

within the list of routine maintenance 

and other activities in the biological 

assessment submitted to the Service by 

the SAS Conservation Program in 

conjunction with anticipated section 7 

consultation between the Service and 

ACOE on the program. These potential 

projects include rehabilitation and 

future flood control projects. The 

projects and their potential effects have 

not been included in or analyzed as part 

of the Western Riverside County 

MSHCP or the SAS Conservation 

Program. 

The principal benefit of including an 

area in a critical habitat designation is 

the requirement of Federal agencies to 

ensure actions they fund, authorize, or 

carry out are not likely to result in the 

destruction or adverse modification of 

any designated critical habitat, the 

regulatory standard of section 7(a)(2) of 

the Act under which consultation is 

completed. Federal agencies must 

consult with the Service on actions that 

may affect critical habitat and must 

avoid destroying or adversely modifying 

critical habitat. Federal agencies must 

also consult with us on actions that may 

affect a listed species and refrain from 

undertaking actions that are likely to 

jeopardize the continued existence of 

such species. The analysis of effects to 

critical habitat is a separate and 

different analysis from that of the effects 

to the species, and the difference in 

outcomes of these two analyses 

represents the regulatory benefit of 

critical habitat. For some species 

(including Santa Ana sucker), and in 

some locations, the outcome of these 

analyses will be similar, because effects 

to habitat will often also result in effects 

to the species. However, the regulatory 

standard is different, as the jeopardy 

analysis investigates the action’s impact 

on the survival and recovery of the 

species, while the adverse modification 

analysis focuses on the action’s effects 

on the designated habitat’s contribution 

to conservation. This will, in many 

instances, lead to different results and 

different regulatory requirements. Thus, 

critical habitat designations may 

provide greater benefits to the recovery 

of a species than would listing alone. 


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We anticipate that a Federal nexus for 

section 7 consultation (with the ACOE 

under the Clean Water Act) exists for 

most activities in subunits 1B and 1C 

within the Western Riverside County 

MSHCP and SAS Conservation Program 

areas. Designation of these two subunits 

as critical habitat would enable us to 

carefully review proposed activities 

affecting essential Santa Ana sucker 

habitat along and within the Santa Ana 

River to ensure that it is not destroyed 

or adversely modified. We acknowledge 

that any protections provided by critical 

habitat that are redundant with 

protections already in place on lands 

proposed for designation would reduce 

the regulatory benefit of their inclusion 

in critical habitat. Protections provided 

by HCPs or other conservation and 

management, may prevent the 

destruction or adverse modification of 

habitat to the same or greater extent as 

would the consultation provisions 

under section 7(a) of the Act for critical 

habitat. We recognize that the SAS 

Conservation Program and Western 

Riverside County MSHCP are expected 

to provide conservation benefits to the 

Santa Ana sucker and its essential 

habitat in Subunits 1B and 1C over the 

long term. However, protection of 

essential habitat for the Santa Ana 

sucker in Subunits 1B and 1C is not yet 

in place under the SAS Conservation 

Program or the Western Riverside 

County MSHCP. Recent surveys and 

research indicate the status of Santa Ana 

sucker and the status of its habitat 

continue to decline throughout the 

Santa Ana River system (SMEA 2009, 

pp. 1–4; Thompson et al. 2010, pp. 321– 

332; see also Geographic Range and 

Status section. Annual population 

monitoring conducted since 2001 by 

participants of the SAS Conservation 

Program indicates a decreasing trend in 

density of Santa Ana sucker at 

repeatedly surveyed locations, with 

2009 showing the lowest density since 

monitoring began (SMEA 2009, p. 2). 

Additionally, surveys conducted 

between 2006 and 2008 of available 

habitat for Santa Ana sucker between 

the La Cadena Drive Bridge crossing and 

I–15 (including areas that overlap with 

lands covered by the Western Riverside 

County MSHCP and SAS Conservation 

Program) indicate that downstream 

habitats are less suitable than upstream 

habitats near La Cadena Drive for Santa 

Ana sucker because of the lack of coarse 

substrate (i.e., cobble and gravel) 

(Thompson et al. 2010, p. 321). Results 

of monitoring conducted by San Marino 

Environmental Associates (SMEA) 

(2009, p. 4) and Thompson et al. (2010, 

p. 321) also indicate that Santa Ana 

sucker are patchily distributed within 

the known occupied habitat areas and 

that this distribution varies seasonally 

throughout the mid- and lower-reaches 

of the Santa Ana River (see also Habitat, 

Geographic Range and Status, and 

Physical and Biological Features 

sections of the 2009 proposed revised 

rule and this final rule). Because 

protection of essential habitat for Santa 

Ana sucker is not yet in place under the 

Western Riverside MSHCP or under the 

SAS Conservation Plan, and we expect 

a Federal nexus for most activities 

affecting essential Santa Ana sucker 

habitat in Subunits 1B and 1C, we 

believe designation of these subunits 

will provide a significant regulatory 

benefit for the Santa Ana sucker. 

Designating critical habitat also can be 

beneficial because the process of 

proposing critical habitat provides the 

opportunity for peer review and public 

comment on areas we propose to 

designate as critical habitat, our criteria 

to assess those lands, potential impacts 

from the proposal, and information on 

the taxon itself. We believe the 

designation of critical habitat may 

generally provide previously 

unavailable information to the public. 

Public education regarding the potential 

conservation value of an area may also 

help focus conservation and 

management efforts on areas of high 

conservation value for certain species. 

Information about the Santa Ana sucker 

and its habitat that reaches a wide 

audience, including parties concerned 

about and engaged in conservation 

activities, is valuable because the public 

may not be aware of Santa Ana sucker 

occurrences that have not been 

conserved or are not being managed. 

We acknowledge that educational 

information regarding the importance of 

the Santa Ana sucker has been 

presented to the public through 

development and implementation of the 

Western Riverside County MSHCP. 

However, this critical habitat rule 

provides more specific information 

regarding essential habitat for Santa Ana 

sucker in Subunits 1B and 1C and can 

focus future conservation efforts under 

the plan as well as future conservation 

efforts under the SAS Conservation 

Program on protection of these areas. As 

stated above, there appear to be 

potential projects planned in the Santa 

Ana River that were not previously 

anticipated or evaluated as part of the 

Western Riverside County MSHCP 

(RCFCD 2010, p. 1) and have not been 

identified in the SAS Conservation 

Program that have the potential to 

adversely impact essential habitat where 

Santa Ana sucker occurs. These future 

projects may reflect a lack of public 

awareness regarding the commitments 

outlined in the Western Riverside 

MSHCP (Dudek and Associates, Inc. 

2003, pp. 6–24, F–19–20) and evaluated 

in the associated biological opinion 

(Service 2004c, p. 258). We have also 

received reports of unauthorized OHV 

use in the Santa Ana River in areas 

under the jurisdiction of the Western 

Riverside County MSHCP (Beehler 

2010, pers. comm.) that we have 

determined to be essential to the 

conservation of Santa Ana sucker. From 

the extent of the usage, it appears that 

local law enforcement may not be aware 

of the potential impacts to this area. We 

believe that including areas in this 

Santa Ana sucker final critical habitat 

designation where these non-covered or 

unauthorized activities are currently 

taking place or may occur will provide 

valuable information to the permittees, 

local jurisdictions, SAS Conservation 

Program participants, and the general 

public regarding the importance of 

protecting the physical and biological 

features essential to the conservation of 

Santa Ana sucker in Subunits 1B and 

1C. We consider this a significant 

educational benefit of designating these 

areas. 

The designation of critical habitat will 

provide significant regulatory and 

educational benefits that we believe will 

complement the conservation and 

recovery actions expected under the 

Western Riverside County MSHP and 

SAS Conservation Program. Designating 

critical habitat throughout the Santa 

Ana River in Subunits 1B and 1C will 

ensure: (1) An impact analysis for 

projects with a Federal nexus (through 

both a jeopardy analysis directed 

specifically at Santa Ana sucker and an 

adverse modification analysis directed 

specifically at designated critical 

habitat) is conducted; and (2) 

information will be provided to the 

local jurisdictions and the general 

public regarding the dynamic nature of 

the system, including the effects of 

hydrological alterations and 

modifications that influence the 

transport of water and coarse substrates 

(see Physical and Biological Features 

and Criteria Used To Identify Critical 

Habitat sections for detailed discussion), 

and the importance of the physical and 

biological features essential to the 

conservation of Santa Ana sucker. 

The designation of Santa Ana sucker 

critical habitat may also strengthen or 

reinforce some of the provisions in other 

State and Federal laws, such as the 

California Environmental Quality Act 

(CEQA) or the National Environmental 

Policy Act (NEPA). These laws analyze 

the potential for projects to significantly 

affect the environment. In Riverside 


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County, the additional protections 

associated with critical habitat may be 

beneficial in areas not currently 

conserved. Critical habitat may signal 

the presence of sensitive habitat that 

could otherwise be missed in the review 

process for these other environmental 

laws. In the case of CEQA, this could be 

of benefit, since CEQA may require 

additional review of projects that may 

affect critical habitat and protection of 

essential habitat if its destruction would 

constitute a significant environmental 

effect. The benefit would likely be 

minor in the case of NEPA, because 

NEPA does not require project 

proponents to protect sensitive habitat. 

We believe there would be some 

ancillary benefits under other laws of 

critical habitat designation in Subunits 

1B and 1C because the species and its 

essential habitat are not currently 

conserved in these areas. 

Although there are significant 

regulatory and educational benefits and 

additional ancillary benefits of 

including Subunits 1B and 1C in critical 

habitat, there are also significant 

partnership benefits that would result 

from exclusion of these lands. As 

discussed in detail in the proposed 

revised critical habitat designation (74 

FR 65056; December 9, 2009) and 

document making available the DEA (75 

FR 38441; July 2, 2010), because many 

landowners, local jurisdictions, and 

others view designation of their lands as 

critical habitat unfavorably, the 

exclusion of essential habitat areas 

covered by the Western Riverside 

MSHCP and SAS Conservation Program 

would help to maintain and strengthen 

our partnerships with plan participants 

and also encourage new voluntary 

partnerships that could benefit Santa 

Ana sucker. The maintenance of 

existing partnerships and the creation of 

new partnerships to conserve the Santa 

Ana sucker constitutes a significant 

benefit of exclusion of Subunits 1B and 

1C from designation. 

We recognize and appreciate the 

partnerships we have established 

through development and continued 

implementation of the Western 

Riverside MSHCP and SAS 

Conservation Program. However, the 

ultimate value of excluding lands from 

critical habitat in order to maintain 

existing and encourage future 

partnerships is the conservation for 

listed species and their habitat derived 

from such partnerships. While we 

acknowledge that measures to conserve 

Santa Ana sucker under the Western 

Riverside MSHCP are to be 

implemented over the life of the plan, 

to date, no habitat lands have been 

conserved. Existing unauthorized uses 

(OHV use) are occurring within 

essential habitat, and future activities 

that are not covered by the plan are 

contemplated that could adversely affect 

the Santa Ana sucker and its essential 

habitat. With regard to the SAS 

Conservation Program, section 7 

consultation under the Act to evaluate 

routine maintenance and other 

operations and future projects in the 

Santa Ana River planned by program 

participants has not yet been completed, 

and on-the-ground conservation actions 

anticipated under the program have yet 

to be put into place. We also believe that 

additional measures directed at the 

protection of the physical and biological 

features essential to the conservation of 

the species that are not directly 

addressed by either the Western 

Riverside County MSHCP or the SAS 

Conservation Program may be needed to 

ensure that the species will persist and 

recover within the Santa Ana River. 

In light of these circumstances, 

coupled with the current declining 

status of the species and its habitat in 

the Santa Ana River, we have not 

concluded that the partnership benefits 

of excluding Subunits 1B and 1C 

outweigh the regulatory and educational 

benefits afforded under section 7 of the 

Act as a consequence of designating 

critical habitat in these areas (as future 

projects are analyzed on a project-byproject basis). 

Summary of Rationale for Including 

Areas Covered by the Western Riverside 

County MSHCP and SAS Conservation 

Program in This Final Critical Habitat 

Designation 

Although conservation measures from 

the Western Riverside County MSHCP 

and SAS Conservation Program are 

expected to benefit the Santa Ana 

sucker and its habitat, we believe the 

critical habitat designation will assist in 

achieving additional conservation not 

currently provided under the plan or 

program. Under most circumstances, a 

Federal nexus is expected (most likely 

with ACOE) for projects occurring 

within the boundary of the final revised 

critical habitat designation. The 

presence of a Federal nexus provides an 

opportunity for an additional regulatory 

review under section 7 of the Act that 

focuses on the specific physical and 

biological features and habitat essential 

for the conservation of the species. 

While we believe that the benefits of 

excluding lands from critical habitat 

designation may outweigh any 

regulatory and educational benefits of 

inclusion when the lands are already 

managed and conserved in perpetuity 

for the benefit of a listed species, neither 

the Western Riverside County MSHCP 

nor the SAS Conservation Program have 

established any conserved areas for the 

benefit of the Santa Ana sucker, and 

activities under the SAS Conservation 

Program are not currently managed to 

benefit the Santa Ana sucker and its 

habitat. 

Because on-the-ground management 

and conservation measures for the Santa 

Ana sucker are not yet in place and the 

status of the species and its habitat have 

continued to decline, the benefits 

afforded by the critical habitat 

designation are not redundant with 

existing protections afforded by the 

listing of the species or under the 

Western Riverside County MSHCP or 

the SAS Conservation Program. We 

recognize that significant benefits would 

be realized by forgoing designation of 

critical habitat within the jurisdiction of 

the Western Riverside County MSHCP 

and SAS Conservation Program, 

including encouragement of continued 

collaboration and cooperation with 

stakeholders and partners, and 

encouragement of the development of 

additional HCPs and other conservation 

plans in the future that contribute to the 

recovery of federally listed species 

(benefits of exclusion). However, in 

reviewing the specific circumstances of 

Santa Ana sucker, we have not 

concluded that the partnership benefits 

of excluding Subunits 1B and 1C 

outweigh the regulatory and educational 

benefits afforded under section 7 of the 

Act as a consequence of designating 

critical habitat in these areas. In any 

case, given the conservation status of 

the Santa Ana sucker, we did not 

exercise our delegated discretion to 

exclude lands within Subunits 1B and 

1C that are covered by the Western 

Riverside County MSHCP or within the 

jurisdiction of the SAS Conservation 

Program. Our determination not to 

exercise our delegated discretion to 

exclude Subunits 1B and 1C from 

critical habitat designation under 

section 4(b)(2) of the Act is committed 

to agency discretion by law and is not 

reviewable (see Home Builders Ass’n of 

N. Cal. v. U.S. Fish & Wildlife Serv., 

2006 U.S. Dist. LEXIS 80255 at *66 (E.D. 

Cal. Nov. 2, 2006); Cape Hatteras Access 

Preservation Alliance et al. v. U.S. Dept. 

of the Interior, 2010 U.S. Dist. LEXIS 

84515 ** 36–38 (D.D.C. August 17, 

2010)). 

Economic Analysis 

Under section 4(b)(2) of the Act, we 

consider the economic impacts of 

specifying any particular area as critical 

habitat. Following publication of the 

proposed critical habitat designation, 

we conducted an economic analysis to 

estimate the potential economic effect of 


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the designation. The DEA (dated June 8, 

2010) was made available for public 

review and comment from July 2, 2010, 

to August 2, 2010 (75 FR 38441). 

Substantive comments and information 

received on the DEA are summarized in 

the Summary of Comments and 

Recommendations section below and 

are incorporated into the final analysis, 

as appropriate. Taking any relevant new 

information into consideration, the 

Service completed a final economic 

analysis (FEA) (Industrial Economics, 

Incorporated (IEC) 2010b) of the critical 

habitat designation that updates the 

DEA by removing impacts that were not 

considered probable or likely to occur 

and appropriately adjusts impacts in 

response to additional information. 

In the July 2, 2010, Federal Register 

notice for reopening the comment 

period for proposed rule and noticing 

the availability of the DEA (75 FR 

38441) for Santa Ana sucker, there were 

several errors associated with potential 

economic costs associated with the 

DEA. We have subsequently developed 

a FEA and correctly identified potential 

economic impacts of the final critical 

habitat designation 

The intent of the final economic 

analysis (FEA) is to quantify the 

economic impacts of all potential 

conservation efforts for Santa Ana 

sucker; some of these costs will likely be 

incurred regardless of whether we 

designate critical habitat (baseline). The 

economic impact of the final critical 

habitat designation is analyzed by 

comparing scenarios both ‘‘with critical 

habitat’’ and ‘‘without critical habitat.’’ 

The ‘‘without critical habitat’’ scenario 

represents the baseline for the analysis, 

considering protections already in place 

for the species (e.g., under the Federal 

listing and other Federal, State, and 

local regulations). The baseline, 

therefore, represents the costs incurred 

regardless of whether critical habitat is 

designated. The ‘‘with critical habitat’’ 

scenario describes the incremental 

impacts associated specifically with the 

designation of critical habitat for the 

species. The incremental conservation 

efforts and associated impacts are those 

not expected to occur absent the 

designation of critical habitat for the 

species. In other words, the incremental 

costs are those attributable solely to the 

designation of critical habitat above and 

beyond the baseline costs; these are the 

costs we consider in the final 

designation of critical habitat. The 

economic analysis uses the historical 

record to inform its assessment of 

potential future impacts of critical 

habitat and forecasts both baseline and 

incremental impacts likely to occur 

during the 20 year period following the 

designation of critical habitat. This 

period was determined to be the 

appropriate period for analysis because 

limited planning information was 

available for most activities to forecast 

activity levels for projects beyond a 20- 

year timeframe. However, for water 

management activities we used a 25- 

year time frame because water planning 

is conducted on a 25-year scale (IEC 

2010b, p. ES–5). 

The FEA addresses how potential 

economic impacts are likely to be 

distributed, including an assessment of 

any local or regional impacts of habitat 

conservation and the potential effects of 

conservation activities on government 

agencies, private businesses, and 

individuals. The FEA also measures lost 

economic efficiency associated with 

residential and commercial 

development and public projects and 

activities, such as economic impacts on 

water management and transportation 

projects, Federal lands, small entities, 

and the energy industry. Decisionmakers can use this information to 

assess whether the effects of the 

designation might unduly burden a 

particular group or economic sector. 

The primary purpose of the economic 

analysis is to estimate the potential 

incremental economic impacts 

associated with the designation of 

critical habitat for Santa Ana sucker. 

This information is intended to assist 

the Service in considering whether to 

exercise our delegated discretion to 

exclude any particular areas from 

critical habitat designation under 

section 4(b)(2) of the Act. 

Conservation efforts related to water 

management constitute the majority of 

total incremental costs (more than 99 

percent) in areas of revised critical 

habitat. Transportation projects, 

residential and commercial 

development, and projected 

administrative costs make up the 

remaining incremental impacts (IEC 

2010b, p. ES–2). The total future 

incremental impacts are estimated to be 

$22.3 to $702 million ($1.8 to $56.3 

million annualized) in present value 

terms using a 7 percent discount rate 

over the next 20 years (2011 to 2030) in 

areas proposed as revised critical habitat 

(IEC 2010b, p. ES–5). 

Exhibit 3–1 of the FEA presents the 

estimated incremental costs to water 

management activities expected from 

the critical habitat designation (IEC 

2010b, pp. 3–3—3–4). These costs are 

estimated using two scenarios, a High 

End Scenario and a Low End Scenario. 

Under the Low End Scenario, costs 

comprise anticipated conservation 

efforts for the species, including 

anticipated biological monitoring and 

survey costs, as well as other species 

protection efforts. These costs are 

attributed primarily to Subunit 1A, 

which is not considered to be currently 

occupied by Santa Ana sucker. The 

analysis also calculates a High End 

Scenario, which recognizes that there is 

some potential for critical habitat to 

result in a need for water management 

agencies to divert less water than 

currently used or planned to be used. 

Under this scenario, the analysis 

quantifies the value of water potentially 

made inaccessible by conservation 

requirements for Santa Ana sucker 

critical habitat designation. The 

majority of costs for both scenarios are 

associated with two proposed projects 

within the unoccupied Subunit 1A 

(Supplemental Water Supply Project at 

Seven Oaks Dam and the San 

Bernardino Municipal Water 

Department Water Factory Project). The 

substantial incremental costs within 

Subunit 1A are attributed to 

conservations efforts related to water 

management activities, particularly the 

replacement of water supplies that may 

be affected by the designation of critical 

habitat IEC 2010, p. ES–2). We believe 

the economic impact or incremental 

cost attributed to Subunit 1A in the FEA 

is likely inflated for two reasons: 

First, many of the future projects the 

FEA assumes will be affected by the 

designation of Subunit 1A would affect 

Santa Ana sucker and its habitat 

downstream in the currently occupied 

range of the Santa Ana River watershed 

(Subunits 1B and 1C) whether Subunit 

1A is designated as critical habitat or 

not. The area covered by Subunit 1A is 

a primary source of coarse sediment in 

the upper Santa Ana River watershed, is 

a part of the Santa Ana River hydrologic 

system, and assists in maintaining water 

quality and temperature to downstream 

occupied reaches of the Santa Ana 

River. Because this area is essential to 

maintain the Santa Ana sucker 

downstream in the Santa Ana River 

watershed, it is very likely that the 

projects cited in the FEA would be 

determined to ‘‘affect’’ Santa Ana sucker 

downstream triggering a duty to consult 

under section 7 of the Act and that 

modifications or restrictions on the 

projects would be necessary (1) to avoid 

jeopardy to Santa Ana sucker, and (2) to 

minimize take of Santa Ana sucker 

regardless of whether critical habitat is 

designated in Subunit 1A. Therefore, we 

believe that the incremental cost 

reported by the FEA and attributed to 

Subunit 1A substantially overstates the 

actual cost associated with the critical 

habitat designation of this Subunit. 

Regardless of the designation of critical 


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habitat in Subunit 1A, projects (in 

Subunit 1A) could incur costs as a result 

of the duty to avoid jeopardy to Santa 

Ana sucker or adverse modification of 

Santa Ana sucker’s critical habitat in 

Subunits 1B and 1C in future section 7 

consultations. These downstream 

occupied areas (Subunit 1B and 1C) 

would be considered part of the action 

area for projects that occur in Subunit 

1A because activities in Subunit 1A are 

likely to affect Santa Ana sucker and the 

hydrologic system downstream. Thus, 

even absent critical habitat designation 

in Subunit 1A, some of the costs 

attributable to the section 7 consultation 

for a project in Subunit 1A (which are 

reported as incremental by the FEA) are 

more accurately attributed to Subunits 

1B and 1C either as baseline costs 

resulting from the duty to comply with 

the jeopardy standard of section 7(a)(2) 

of the Act or as incremental costs 

resulting from the separate section 

7(a)(2) duty to avoid adverse 

modification of critical habitat 

designated in these Subunits. 

Second, although the High End 

Scenario for incremental costs reported 

in the DEA and FEA assumes that rights 

to water in Subunit 1A will be 

completely eliminated as a result of the 

critical habitat designation, we 

anticipate that some portion of the water 

diversions proposed or currently 

occurring can be accommodated 

consistent with the conservation 

measures necessary for Santa Ana 

sucker. As a part of the section 7 

consultation procedure under the Act, 

for projects that would likely jeopardize 

a listed species or adversely modify 

designated critical habitat of a listed 

species, we usually are able to identify 

reasonable and prudent alternatives to 

avoid these outcomes. In our experience 

it is highly unlikely that Federal 

projects would be halted completely as 

a result of the critical habitat 

designation. 

In the case of Santa Ana sucker in the 

Santa Ana River, a single, integrated 

water system (including the area 

delineated by Subunit 1A and the 

processes it provides) is essential for the 

conservation of the species. Any future 

impact to the Santa Ana River 

watershed that may divert water 

supplies from the river or impact 

delivery of water or coarse sediments 

downstream would likely require 

section 7 consultation under the Act 

whether or not Subunit 1A is 

designated, because those activities 

would affect habitat conditions 

downstream that support Santa Ana 

sucker in occupied Subunits 1B and 1C. 

We also believe it is unlikely that future 

consultations involving Subunit 1A 

would preclude future water-related 

projects in this area. Therefore we 

believe that a significant portion of the 

costs identified as incremental to the 

designation of Subunit 1A would occur 

even in the absence of designation of the 

area as critical habitat and that such 

costs are overstated because they 

assume no development would occur in 

the area. 

Even assuming that substantial 

economic and other impacts will result 

from designation of Subunit 1A as 

discussed in the FEA and in comments 

submitted on the proposed rule and 

DEA, given the conservation status of 

the Santa Ana sucker, we did not 

exclude this area from critical habitat 

designation under section 4(b)(2) of the 

Act. As discussed earlier in the Critical 

Habitat Units Subunit 1A: Upper Santa 

Ana River section, this subunit is 

essential for the conservation of the 

species because it provides for essential 

processes, such as the transport of 

stream and storm waters that deliver 

coarse sediments necessary to maintain 

the habitat conditions essential to the 

survival and the recovery of the 

population of Santa Ana sucker 

downstream, which is one of only three 

extant populations in the three 

watersheds where the species naturally 

occurs. 

The FEA described above determined 

the baseline and incremental impacts of 

Santa Ana sucker critical habitat based 

on the 2009 proposed critical habitat 

designation (74 FR 65056, December 9, 

2009) and the document that made 

available the DEA (75 FR 38441, July 2, 

2010). As described above we have 

removed from the final critical habitat 

designation the areas of Plunge Creek 

and the Santa Ana River above Seven 

Oaks Dam (see Critical Habitat Units— 

Subunit 1A: Upper Santa Ana River 

section above). In light of the removal of 

these areas from the designation, we recalculated the economic analysis to 

accurately represent the areas that are 

included in this final critical habitat 

designation. The memorandum to the 

FEA estimates that removal of the areas 

results in a decrease in incremental 

costs of $8.03 to $251 million, or 

$648,000 to $20.1 million on an 

annualized basis, in present value terms 

using a 7 percent discount rate (IEC 

2010c, pp. 3–4). These costs consist of 

changes to water supply, development, 

and administrative impacts. The total 

future incremental costs in areas 

designated as revised critical habitat are 

estimated to be $14.3 to $450 million 

($1.18 to $36.2 million annualized) in 

present value terms using a 7 percent 

discount rate (IEC 2010c, pp. 3–4). As 

discussed above, we believe that a 

significant portion of these costs would 

occur in the absence of designation of 

critical habitat and thus are more 

appropriately considered baseline costs 

and that the costs are overstated because 

the analysis assumes no development 

would occur in Subunit 1A. 

After consideration of the impacts 

under section 4(b)(2) of the Act, we did 

not exercise our delegated discretion to 

exclude any areas from the final critical 

habitat designation based on the 

economic impacts. Our determination 

not to exercise our delegated discretion 

to exclude any areas from critical 

habitat designation under section 4(b)(2) 

of the Act is committed to agency 

discretion by law and is not reviewable 

(see Home Builders Ass’n of N. Cal. v. 

U.S. Fish & Wildlife Serv., 2006 U.S. 

Dist. LEXIS 80255 at *66 (E.D. Cal. Nov. 

2, 2006); Cape Hatteras Access 

Preservation Alliance et al. v. U.S. Dept. 

of the Interior, 2010 U.S. Dist. LEXIS 

84515 ** 36–38 (D.D.C. August 17, 

2010)). 

The final economic analysis and 

memorandum to the FEA is available at 

http://www.regulations.gov or upon 

request from the Carlsbad Fish and 

Wildlife Office (see ADDRESSES section). 

Summary of Comments and 

Recommendations 

We requested written comments from 

the public on the proposed designation 

of critical habitat for Santa Ana sucker 

during two comment periods. The first 

comment period, associated with the 

publication of the proposed rule (74 FR 

65056; December 9, 2009), opened on 

December 9, 2009, and closed on 

February 8, 2010. We also requested 

comments on the proposed critical 

habitat designation and associated DEA 

during a comment period that opened 

July 2, 2010, and closed on August 2, 

2010 (75 FR 38441; July 2, 2010). Two 

public hearings were conducted on July 

21, 2010, in Corona, California. All 

verbal and written comments from these 

hearings have been incorporated into 

our response to comments below. We 

also contacted appropriate Federal, 

State, and local agencies; scientific 

organizations; and other interested 

parties and invited them to comment on 

the proposed rule and DEA during these 

comment periods. All substantive 

information provided during comment 

periods has either been incorporated 

directly into this final determination or 

addressed below. 

Congressional Inquiries 

We received six congressional 

inquiries regarding the designation of 

critical habitat for Santa Ana sucker. 

These congressional parties requested 


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that we consider all economic impacts 

attributed to the designation of critical 

habitat. Our final economic analysis 

addresses information that was 

submitted and identifies the economic 

impacts attributed to the designation of 

critical habitat. The FEA and 

memorandum to the FEA are available 

for public review at http:// 

www.regulations.gov. 

Peer Review 

In accordance with our peer review 

policy published on July 1, 1994 (59 FR 

34270), we solicited expert opinions 

from five knowledgeable individuals 

with scientific expertise that included 

familiarity with the species, the 

geographic region in which the species 

occurs, and conservation biology 

principles pertinent to the species. We 

received responses from three of the 

peer reviewers. 

We reviewed all comments received 

from the peer reviewers for substantive 

issues and new information regarding 

critical habitat for Santa Ana sucker. 

The peer reviewers generally concurred 

with our methods and conclusions and 

provided additional information, 

clarifications, and suggestions that we 

incorporated into the rule to improve 

this final critical habitat designation. All 

comments are addressed in the 

following summary and incorporated 

into the final rule as appropriate. 

Peer Reviewer Comments 

Comment 1: Two peer reviewers were 

supportive of the proposed revised 

critical habitat rule. They believe the 

rule was well supported by publications 

in scientific literature, corresponded 

with data from species and area experts, 

and included scientifically sound 

assumptions and analyses. They also 

stated the proposed revised critical 

habitat rule did a thorough and accurate 

job of delineating areas most important 

for recovery of Santa Ana sucker. 

Our Response: We appreciate the peer 

reviewers’ critical review. We 

considered all new information received 

during the comment periods with equal 

thoroughness and accuracy, and 

anticipate an improved and equally high 

quality final revised critical habitat 

designation. 

Comment 2: One peer reviewer 

concurred with our analysis of the 

primary threats to Santa Ana sucker and 

description of the PCEs. 

Our Response: We appreciate the peer 

reviewer’s critical review. 

Comment 3: Two peer reviewers 

concurred with our decision not to list 

the Santa Clara River population of 

Santa Ana sucker, while a third peer 

reviewer stated the Santa Clara River 

population should be discussed further. 

The third peer reviewer stated that 

although the downstream population 

may hybridize with Owens sucker, there 

is an area upstream protected from 

genetic exchange with Owens suckers. 

Additionally, the third peer reviewer 

stated there is no evidence of Santa Ana 

sucker introduction into the Santa Clara 

River; it is only an absence in early 

collections that leads to the conclusion 

of introduction. Although not 

specifically stated, the third peer 

reviewer seemed to imply they believed 

the upstream area should have been 

proposed as critical habitat. 

Our Response: We appreciate all three 

of the peer reviewers’ critical reviews 

and concern for conservation of a 

genetically pure Santa Ana sucker 

population. More information on the 

Santa Clara River population of Santa 

Ana sucker can be found in the 2000 

listing rule (65 FR 19686; April 12, 

2000) and the proposed revised critical 

habitat designation (74 FR 65056; 

December 9, 2009). Our decision to not 

list the Santa Clara River population of 

Santa Ana sucker was made in the 2000 

listing rule (65 FR 19686; April 12, 

2000) and reiterated again in the 2009 

proposed revised critical habitat 

designation (74 FR 65056; December 9, 

2009). We considered all areas 

potentially occupied by populations of 

Santa Ana sucker for proposal as revised 

critical habitat. Moyle (2002) and 

Chabot et al. (2009) have documented 

hybridization of Santa Ana suckers with 

Owens suckers in the Santa Clara River 

watershed. While we agree there is no 

documentation that Santa Ana suckers 

were introduced to the Santa Clara River 

(Service 2000, p. 19687), the 

information in our files indicates 

populations in this area are not 

genetically pure (see Geographic Range 

and Status section above). We do not 

agree that there is an upstream area in 

the Santa Clara River protected from 

genetic exchange with Owens suckers; 

the dry gap in the upper watershed is 

not a permanent barrier to dispersal. 

Therefore, we determined that the Santa 

Clara River population is not part of the 

taxonomic entity listed under the Act 

and did not designate areas in this river 

as revised critical habitat. For more 

information on this subject, see the 2000 

listing rule (65 FR 19686; April 12, 

2000), the proposed revised critical 

habitat (74 FR 65056; December 9, 

2009), and the Background section of 

this rule above. 

Comment 4: One peer reviewer 

concurred with our inclusion of City 

and Mill Creek in Subunit 1A as a 

source of gravel, cobble, and seasonal 

flows. The peer reviewer agrees that 

these substrates have decreased after the 

construction of Seven Oaks Dam in the 

upper Santa Ana River. 

Our Response: We agree with the peer 

reviewer. Historically, the upper Santa 

Ana River above Seven Oaks Dam was 

a principle contributor of coarse 

sediments to the lower portions of the 

Santa Ana River (Humphrey et al. 2004, 

p. 3). However, since the construction of 

the Seven Oaks Dam in the upper Santa 

Ana River, the amount of coarse 

sediment contribution attributed to this 

reach has declined. Tributaries (i.e., City 

Creek, Mill Creek, and Plunge Creek) in 

the upper watershed that feed into the 

Santa Ana River below the Seven Oaks 

Dam now contribute a majority of the 

coarse sediment to the lower reaches of 

the Santa Ana River (Humphrey et al. 

2004, pp. 1–8). Studies indicate 

approximately 4,000 cubic feet per 

second (cfs) of water flow is necessary 

to carry gravel and cobble (Humphrey et 

al. 2004, p. 7). The USGS hydrologic 

flow data indicate that flows in both 

City and Mill Creek are sufficient to 

carry gravel and cobble downstream to 

the Santa Ana River. The USGS 

streamflow gauges located in the 

mainstem of the Santa Ana River (at the 

E Street crossing in San Bernardino and 

at the Metropolitan Water District 

crossing in Riverside) show peak flows 

above the critical water velocity 

necessary to carry gravel and cobbles. 

This indicates that gravel and cobbles 

that are available from the upper 

tributaries are transported to the 

currently occupied middle and lower 

reaches of the Santa Ana River. Because 

the delivery of suitable coarse sediments 

(cobble and gravel) is essential to the 

survival and recovery of Santa Ana 

sucker, we designate City and Mill 

Creek as final revised critical habitat in 

this rule. 

Comment 5: Two peer reviewers 

concurred that the rationale for selecting 

City Creek and Santa Ana River above 

Seven Oaks Dam for reintroduction was 

sound; however, they expressed 

concerns regarding the management 

actions required to address existing 

barrier impacts and the potential 

success of Santa Ana sucker 

reintroduction. They stated that the 

habitat appears suitable; however, the 

one documented historical Santa Ana 

Sucker record in City Creek may 

indicate marginal success of the species 

at this location in the past. They believe 

further consideration is necessary before 

any reintroduction effort begins to 

determine suitability for Santa Ana 

suckers. 

Our Response: We agree there are 

relatively few historical Santa Ana 

sucker records in City Creek and the 


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upper watershed of the Santa Ana River. 

To our knowledge, the study conducted 

by the Orange County Water District 

(OCWD 2009) provides the most recent 

and comprehensive reconnaissance data 

available. This study was conducted 

specifically to determine the most 

suitable habitats for Santa Ana sucker 

reintroduction. The study qualitatively 

evaluated habitat suitability and threat 

presence at each location, ranked each 

location (OCWD 2009, p. 6–2), and 

recommended the areas most likely to 

support viable populations (OCWD 

2009, pp. 6–5–6–6). In this final critical 

habitat designation, we are not 

including as critical habitat areas that 

were previously identified solely for 

reintroduction purposes (74 FR 65056; 

December 9, 2009; 75 FR 38441; July 2, 

2010). We now conclude that these 

areas are not essential because we lack 

information indicating that the areas 

were historically occupied by the 

species and lack sufficient information 

to support a determination that the areas 

are needed for the species’ recovery. In 

particular, we lack supporting 

information regarding the feasibility of 

introducing the sucker at either location 

(such as water quality conditions, 

reliability of water flows, and presence 

of predatory and competing species). 

However, we plan to initiate 

development of a draft recovery plan in 

2011, which may include the 

establishment of a recovery team that 

would seek the involvement of species 

experts, habitat experts, and 

stakeholders. We anticipate this 

recovery effort would evaluate the need 

for reintroduction and, if needed, 

evaluate these areas and other sites 

within the historical range of the species 

for potential recovery efforts. 

Comment 6: Two peer reviewers 

expressed concern regarding the Santa 

Ana sucker population in Subunit 1B. 

They stated tertiary-treated water 

discharge is the primary source of water 

in this reach of the Santa Ana River and 

they believe this may impact Santa Ana 

sucker. They cited Jenkins et al.’s (2009) 

study evaluating the impact of estrogendisrupting compounds (EDCs) on 

reproductive performance of male 

western mosquitofish (Gambusia affinis) 

as evidence that additional speciesspecific studies, including monitoring 

and EDCs, should be conducted to 

determine effects on Santa Ana sucker. 

Our Response: We agree with the peer 

reviewer that tertiary-treated wastewater 

discharge is the primary source of water 

in this reach of the Santa Ana River 

especially during dry periods of the 

year. Therefore, the quantity and the 

quality of the water are important in this 

subunit. We agree that understanding 

and preventing potential negative effects 

of EDCs in tertiary-treated water on 

Santa Ana suckers is a priority. We were 

a cooperator and funded portions of the 

study referred to by the peer reviewer 

(Jenkins et al. 2009). This study 

indicates that presence of EDCs result in 

impaired reproductive and endocrine 

function in western mosquitofish 

(Gambusia spp.), and could present a 

threat to Santa Ana suckers that inhabit 

the same waters (Service 2008, pp. 1–3; 

Jenkins et al. 2009, pp. 1–40; Service 

unpublished information 2010b, p. 24). 

Therefore, we believe that the threat of 

EDCs to Santa Ana sucker may have 

long-lasting impacts to the species and 

warrants further study (Service 

unpublished information 2010b, p. 24). 

Conventional pollutants may be a 

concern as well, and we are working 

with the USGS and others to further 

evaluate the contaminant sensitivity of 

Santa Ana sucker (Service 2008, p. 2). 

We will use results from these 

environmental contaminants 

investigations to work with the 

discharger, California Regional Water 

Quality Control Board, and the U.S. 

Environmental Protection Agency to 

prevent adverse impacts to water quality 

where Santa Ana suckers are present. 

In March 2007, the Service launched 

an initiative focused on the 

environmental and public health 

impacts of improper disposal of unused 

medications. We partnered with the 

American Pharmacists Association and 

the Pharmaceutical Research and 

Manufacturers of America to launch this 

special campaign, SMARxT Disposal, to 

inform people of ways to dispose of 

unwanted and unused medications in a 

safe and environmentally protective 

manner. This is one of many actions 

that could be taken to help address 

EDCs in tertiary-treated water. The 

nationwide campaign to educate the 

public regarding the threat posed by 

dissolved medication to all fish and 

wildlife, including Santa Ana sucker, is 

one action contributing to fish and 

wildlife species’ conservation. 

Comment 7: One peer reviewer stated 

that the section 4(b)(2) exclusion being 

considered by the Secretary based on 

the SAS Conservation Program in 

Subunits 1B and 1C was appropriate if 

the participating parties maintain a high 

level of commitment to preservation and 

enhancement of Santa Ana sucker and 

its habitat. 

Our Response: We appreciate the peer 

reviewer’s analysis. We considered the 

relative benefits of including and 

excluding from critical habitat areas in 

Subunits 1B and 1C that are covered by 

the SAS Conservation Program (see 

Rationale For Including the Western 

Riverside County MSHCP and SAS 

Conservation Program in This Final 

Critical Habitat Designation section for 

a complete discussion of this 

determination). We did not conclude 

that the benefits of excluding these 

lands outweigh the benefits of their 

designation. Our determination not to 

exercise our delegated discretion to 

exclude Subunits 1B and 1C from 

critical habitat designation under 

section 4(b)(2) of the Act is committed 

to agency discretion by law and is not 

reviewable (see Home Builders Ass’n of 

N. Cal. v. U.S. Fish & Wildlife Serv., 

2006 U.S. Dist. LEXIS 80255 at *66 (E.D. 

Cal. Nov. 2, 2006); Cape Hatteras Access 

Preservation Alliance et al. v. U.S. Dept. 

of the Interior, 2010 U.S. Dist. LEXIS 

84515 ** 36–38 (D.D.C. August 17, 

2010)). We recognize and appreciate the 

commitment of our partners in the SAR 

Conservation Program. We believe all 

partnerships are valuable and will 

continue to work with the participants 

of the SAS Conservation Program to 

meet the needs of the species and all 

stakeholders. 

Comment 8: One peer reviewer 

expressed general agreement with our 

proposed revised critical habitat 

designation. In particular they were 

supportive of the inclusion of Subunit 

1A. 

Our Response: We appreciate the peer 

reviewer’s critical review. 

Comment 9: One peer reviewer stated 

that reintroduction of Santa Ana sucker 

above Seven Oaks Dam would be 

appropriate even though brown trout 

(Salmo trutta), a possible predator, is 

known to occur in the area. They stated 

other species of suckers are known to 

co-occur with this predator; therefore, 

Santa Ana suckers should also be able 

to co-exist with brown trout. The peer 

reviewer stated this action to 

reintroduce the species should increase 

the species’ range and contribute to its 

recovery. 

Our Response: We appreciate the peer 

reviewer’s critical review and agree that 

brown trout presence does not preclude 

successful Santa Ana sucker 

reintroduction to unoccupied habitat. In 

this final critical habitat designation, we 

are not including as critical habitat areas 

that were previously identified solely 

for reintroduction purposes (74 FR 

65056; December 9, 2009; 75 FR 38441; 

July 2, 2010). We now conclude that 

these areas are not essential because we 

lack information indicating that these 

areas were historically occupied by the 

species and lack sufficient information 

to support a determination that these 

areas are needed for the species’ 

recovery. See response to Comment 5 

above and Summary of Changes From 


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2009 Proposed Critical Habitat to This 

Final Critical Habitat Designation 

section. 

Comment 10: Two peer reviewers 

expressed support for including 

tributaries in the Santa Ana sucker 

critical habitat designation. They 

believe tributaries add habitat 

heterogeneity, provide refuge for youngof-year, and provide important areas for 

fish survival and reproduction because 

the floodplain of the mainstem may 

change through time (thus providing 

additional suitable habitat outside the 

mainstem of the river for Santa Ana 

suckers). 

Our Response: We appreciate the peer 

reviewers’ critical review and agree that 

tributaries are important for species’ 

survival and recovery. We included 

tributaries of the Santa Ana River, San 

Gabriel River, and Big Tujunga Wash in 

this final revised critical habitat 

designation. These tributaries contain 

the physical and biological features 

essential to the conservation of the 

species. Additionally, some tributaries 

were also designated because they assist 

in providing coarse substrates (sand, 

gravel, cobbles) for maintenance of 

habitat for Santa Ana sucker (see 

Critical Habitat Units section above). 

Comment 11: One peer reviewer 

concurred with the designation of the 

Santa Ana River and uninhabited 

tributaries of the San Gabriel and Big 

Tujunga areas as critical habitat because 

these areas contribute coarse sediments 

(gravel and cobbles) to the river and 

there is a correlation between the 

availability of coarse sediments and 

Santa Ana sucker abundance. 

Our Response: We appreciate the peer 

reviewer’s critical review and agree that 

transport coarse sediment is an essential 

habitat component of Santa Ana sucker 

population survival and recovery (see 

Background and Physical and Biological 

Features sections above). 

Comment 12: One peer reviewer 

provided multiple examples of Santa 

Ana sucker abundance near tributaries 

and associated this with the addition of 

colder water to the mainstem of both the 

Santa Ana and San Gabriel Rivers. The 

reviewer also stated lower temperatures 

observed in the San Gabriel River 

contribute to the better condition of 

Santa Ana suckers within that 

watershed and decreased water 

temperatures should improve the 

condition of Santa Ana suckers in other 

portions of the species’ range. 

Our Response: We appreciate the peer 

reviewer’s critical review and agree that 

lower temperatures increase Santa Ana 

sucker habitat suitability and may 

contribute to better condition as well 

(see Background and Physical and 

Biological Features section). 

Comment 13: One peer reviewer 

critiqued three of our PCE definitions. 

First, the reviewer stated flow peaks and 

ebbs, whether natural or regulated, are 

not only generally important, but should 

mimic the variability of the natural 

hydrograph that occurs throughout the 

year. The reviewer also noted that Santa 

Ana sucker life stages are closely tied to 

these differences in flow regime during 

the year. Second, the peer reviewer 

stated that water depths in the range of 

1.6 ft (0.5 m) to 5 ft (1.5 m) are 

important; stream areas deeper than this 

are rare, not typical of Santa Ana sucker 

habitat, and almost always a result of a 

created pool below drop structures or 

outfalls. Third, the peer reviewer stated 

that water temperatures below 86 °F (30 

°C) are good, but they believe 

temperatures need to mimic natural 

temperatures so that Santa Ana sucker’s 

physiological response is appropriate to 

favor survival. 

Our Response: We understand the 

peer reviewer’s emphasis on the 

importance of restoring habitat 

conditions to which the species is best 

adapted. The PCEs identified for Santa 

Ana sucker are not temporally or 

seasonally based; however, the PCEs 

incorporate and encompass the 

fluctuation that the peer reviewer 

describes as a result of seasonal flows. 

Under the Act and its implementing 

regulations, we are required to identify 

the physical and biological features 

within the geographical area occupied 

by Santa Ana sucker at the time of 

listing that are essential to the 

conservation of the species and which 

may require special management 

considerations or protection. The 

physical and biological features are 

those PCEs laid out in a specific spatial 

arrangement and quantity determined to 

be essential to the conservation of the 

species. We are designating critical 

habitat in areas within the geographical 

area that was occupied by the species at 

the time of listing that continue to be 

occupied today, and that contain the 

PCEs in the quantity and spatial 

arrangement to support life-history 

functions essential to the conservation 

of the species. We are also designating 

areas outside the geographical area 

occupied by the species at the time of 

listing that are not occupied but are 

essential for the conservation of the 

species (see Primary Constituent 

Elements for the Santa Ana Sucker 

section above). 

Modification of suitable habitat and 

water availability has changed the flow 

regime in all watersheds occupied by 

Santa Ana suckers to some degree (see 

Critical Habitat Units section above). We 

agree that survival and recovery of Santa 

Ana sucker will require management of 

PCEs, in some cases to mimic historical 

conditions. However, PCEs describe 

essential, not historical or ideal, 

physical and biological features. 

Furthermore, to redefine PCEs to 

describe historical or ideal parameters 

would mean there would be no suitable 

habitats within the range of the species 

that currently contain PCEs. Therefore, 

based on our understanding of the PCEs 

and the other peer reviewers’ support of 

the proposed PCEs, we have not revised 

the PCEs in this final rule to reflect the 

comments of this peer reviewer. 

Comment 14: One peer reviewer 

stated that the following tributaries of 

the Santa Ana River should also be 

listed as occupied at the time of listing: 

Arroyo Tesquesquite, Sunnyslope 

Creek, Anza Park Drain, and the lower 

outlet of Hidden Valley Drain. 

Our Response: The final listing rule 

states that protections are afforded to 

Santa Ana sucker by the Act in the Los 

Angeles, San Gabriel, and Santa Ana 

River drainages (65 FR 19686; April 12, 

2000). The tributaries identified are 

within the Los Angeles, San Gabriel, 

and Santa Ana River drainages and 

considered occupied at the time of 

listing. Additionally, the listing rule 

states that the above-mentioned 

tributaries were used for spawning and 

nurseries (65 FR 19686; April 12, 2000), 

and are therefore considered part of the 

listed entity and considered currently 

occupied (see the Critical Habitat 

Units—Subunit 1B: Santa Ana River 

section above). 

Comment 15: One peer reviewer 

stated that critical habitat designation in 

Haines Creek should be limited to the 

portion below Interstate 210 and 

downstream of the mitigation site where 

two ponds were created. 

Our Response: The portion of Haines 

Creek above Interstate 210 was 

designated as revised critical habitat to 

capture necessary stream system 

connectivity, even if it is periodically 

dry (PCE 7). Moreover, this area likely 

provides the only source of stream and 

storm waters necessary to transport the 

coarse sediments that maintain 

preferred substrate conditions (PCE 2) in 

the Big Tujunga Wash Mitigation Bank 

downstream (Service 2009, p. 65073; 

Swift 2009, p. 1). Therefore, we believe 

the portion of Haines Creek above 

Interstate 210 meets the definition of 

critical habitat (see Critical Habitat 

section and our response to Comment 

13 above). 

Comment 16: One peer reviewer 

clarified Haines Creek water flow in the 

Big Tujunga floodplain originates in the 


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channelized, concrete-lined Haines 

Creek Channel that enters upstream 

from the Interstate 210 about 1 mi (1.61 

km), and the only permanent habitat for 

Santa Ana suckers is downstream of 

Interstate 210. 

Our Response: The area from which 

the peer reviewer asserts Haines Creek 

water flow originates was designated as 

critical habitat (Subunit 3A) for 

processes related to stream and storm 

water transport of preferred coarse 

sediments to downstream habitats (PCEs 

1 and 2) (see the Critical Habitat Units— 

Subunit 3A: Big Tujunga and Haines 

Creeks section above). 

Comment 17: One peer reviewer 

stated the recreational residences 

described in the proposed revised 

critical habitat rule may degrade water 

quality in the area and may result in 

dams that retain water for use in the 

event of fires. The peer reviewer is 

concerned about the illegal placement of 

these dams because they provide habitat 

for largemouth bass (Micropterus 

salmoides) that could increase the rate 

of predation on Santa Ana sucker. 

Our Response: We appreciate the peer 

reviewer’s concerns regarding the threat 

of recreational residences to Santa Ana 

sucker and its habitat. The USFS does 

issue special use permits for 

recreational residences within the 

forest; however, while they do not 

promote the building of recreational 

dams, they do not have a policy 

regarding the activity (L. Welch 2010, 

pers. comm.). In the proposed revised 

critical habitat designation (74 FR 

65056; December 9, 2009), we described 

activities within the listed range of 

Santa Ana suckers contributing to the 

threats of habitat destruction, 

degradation, and fragmentation, 

including recreational residences and 

recreational use of the river 

(unauthorized creation of dams for 

bathing, fishing, or dredging). We 

acknowledge that activities associated 

with recreational residences may 

require special management to ensure 

that the PCEs necessary for the survival 

and recovery of Santa Ana sucker are 

maintained (74 FR 65064; December 9, 

2009). We are unaware of the extent of 

river water use for extinguishing fires. 

We are aware that largemouth bass are 

significant predators of small fish and 

may prey on Santa Ana suckers 

(McGinnis 1984, p. 212). The 

designation of critical habitat will 

require the USFS to consult with the 

Service under section 7(a)(2) of the Act 

to ensure their actions will not result in 

jeopardy of the species or adverse 

modification of critical habitat. As such, 

the USFS will consider the impacts of 

their management actions on the 

physical and biological features 

essential to the conservation of Santa 

Ana sucker and may modify or mitigate 

actions to avoid jeopardy of Santa Ana 

sucker or adverse modification of 

critical habitat. 

Comment 18: One peer reviewer 

concurred with our use of a maximum 

gradient of 7 degrees to distinguish 

impassable areas of a river unsuitable 

for Santa Ana suckers. However, they 

also stated this gradient may be less 

important than individual (manmade) 

barriers throughout the watershed. 

Our Response: There are no previous 

studies to indicate what gradient is 

limiting for Santa Ana sucker. The 7 

degree maximum gradient was 

determined by analyzing previous 

occurrence data and river gradient at 

those points. We evaluated the reaches 

of river that met the gradient 

qualification and then assessed the 

suitability of the habitat (see Criteria 

Used To Identify Critical Habitat 

section). We agree that impassable 

barriers such as permanent or inflatable 

dams and other drop structures in the 

river will present a barrier for fish 

passage. We recognize that some level of 

special management may be necessary 

to address these current and future 

threats to the physical and biological 

features essential to the conservation of 

the species (74 FR 65056; December 9, 

2009). 

Comment 19: One peer reviewer 

expressed concerns about OHV use in 

the Santa Ana River in the early 2000s 

occurring specifically from the 

Riverside Freeway to the RIX facility 

and Rialto Drain. 

Our Response: We are aware that 

OHV use along the Santa Ana River is 

occurring and may impact Santa Ana 

sucker habitat. The area the peer 

reviewer mentioned does have signs 

posted that OHV use is not permitted. 

This area is within the jurisdiction of 

the both the SAS Conservation Program 

and Western Riverside County MSHCP, 

and OHV use in the area is prohibited. 

However, information indicates that 

measures provided under the plan and 

local law enforcement efforts may not be 

sufficient to deter unauthorized OHV 

use of the river in this area (Beehler 

2010, pers. comm.). We included this 

area in the critical habitat designation 

and agree that it contains those physical 

and biological features essential to the 

conservation of the species that may 

require special management 

considerations or protection (see further 

discussion in the OHV discussion added 

to the Special Management 

Considerations or Protection section of 

this final rule). 

Comment 20: One peer reviewer 

stated that although the SAS 

Conservation Program conducts 

monitoring at a number of locations 

within the Santa Ana River, a more 

comprehensive river-wide survey is 

needed to adequately assess the 

occupancy status of Santa Ana sucker 

throughout the Santa Ana River. 

Our Response: We appreciate the peer 

reviewer’s critical review and agree that 

a more comprehensive survey would 

help to guide recovery actions and 

determine Santa Ana suckers’ 

rangewide status. However, we do not 

believe this information is necessary for 

our final revised critical habitat 

designation. We note that the goal of 

surveys conducted under the SAS 

Conservation Program is to provide 

information about the presence of Santa 

Ana sucker within the range of the 

program area; surveys conducted under 

the program are not intended to 

determine occupancy status throughout 

the species’ range or even the entire 

Santa Ana River. The population 

monitoring that the SAS Conservation 

Program has undertaken since 2001 is 

only one of the activities that provides 

valuable information on the occupancy 

status and trends in population of Santa 

Ana sucker for this limited portion of 

the range. The SAS Conservation 

Program’s objective is to provide for the 

conservation of Santa Ana sucker 

through development and 

implementation of a regional 

maintenance program for ongoing 

maintenance activities along the Santa 

Ana River. We believe the SAS 

Conservation Program provides valuable 

information on the status of Santa Ana 

sucker within the range of the Program’s 

activities. 

Federal Agency Comments 

Comment 21: The U.S. Army Corps of 

Engineers (ACOE) expressed their 

concern that the critical habitat 

designation in the Santa Ana River 

above Seven Oaks Dam, below Prado 

Dam, and in the upper Prado Dam Basin 

may impact the ongoing construction, 

operation, and maintenance of several 

elements of the Santa Ana River 

Mainstem Flood Control Project (SARP). 

The commenter is concerned that the 

designation of critical habitat would 

place significant restrictions on the 

manner in which the operations and 

management work is performed and 

potentially affect the lives and property 

of millions of citizens. They are also 

concerned that the economic analysis 

did not consider the potential impacts 

of the critical habitat designation to 

SARP. 


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Our Response: The determination of 

whether activities or operations may 

adversely affect the areas designated as 

critical habitat for Santa Ana sucker 

would need to be evaluated on a projectspecific basis by the Federal action 

agency and the Service. Consultation on 

existing or future Federal projects, if 

determined to be necessary, would be 

either reinitiated or initiated by the 

Federal action agency under section 7 of 

the Act. Section 7 also allows for 

emergency consultations in response to 

an act of God, disasters, casualties, 

national defense, or security 

emergencies (such as to expedite 

measures required to ensure human 

health and safety) (50 CFR 402.05). 

Emergency consultation procedures 

allow action agencies to incorporate 

endangered species concerns into their 

actions during the response to an 

emergency. If a Federal agency must 

take emergency action that may affect a 

listed species or critical habitat, the 

agency would contact the Service to 

identify actions that could be 

implemented to minimize take of listed 

species while responding to the 

emergency. The Service is very sensitive 

to the need to allow response efforts 

necessary to avoid imminent loss of 

human life or property. The Federal 

action agency would initiate formal 

consultation after the fact and provide 

necessary documentation to the Service 

for an after-the-fact biological opinion 

that documents the effects of the 

emergency response on listed species or 

critical habitat. Therefore, we do not 

believe delays due to section 7 

consultation on flood control actions 

should pose a significant risk to human 

health and safety, and we did not 

exclude any areas from this final critical 

habitat designation on the basis of 

lengthy section 7 consultation on flood 

control actions. Additionally, the final 

economic analysis includes potential 

impacts to Federal and non-Federal 

projects (see Economic Analysis section 

above and our response to comments on 

the economic analysis below). 

State Agency Comments 

Comment 22: The California 

Department of Fish and Game (CDFG) 

identified additional areas that they 

believe would be suitable habitat for 

Santa Ana sucker reintroduction that we 

did not discuss specifically in the 

proposed revised critical habitat 

designation: Upper Santa Ana River to 

Heartbar Campground, Mill Creek and 

extending into Mountain Home Creek 

(near Forest Falls), Plunge Creek, 

Strawberry Creek, Lytle Creek, Cajon 

Creek, City Creek, Twin Creek, Santa 

Ana River from Gypsum Canyon Road 

to Weir Canyon, Aliso Creek, and San 

Jacinto Creek. 

Our Response: We appreciate CDFG’s 

comment letter and information that it 

provided; however, in this final critical 

habitat designation, we are not 

including as critical habitat areas that 

were previously identified solely for 

reintroduction purposes (74 FR 65056; 

December 9, 2009; 75 FR 38441; July 2, 

2010). We now conclude that these 

areas are not essential because we lack 

information indicating that these areas 

were historically occupied by the 

species and lack sufficient information 

to support a determination that these or 

any other areas are needed for the 

species’ recovery. See response to 

Comments 5 and 9 above, and the 

Summary of Changes From 2009 

Proposed Critical Habitat to This Final 

Critical Habitat Designation section. 

Comment 23: The CDFG expressed 

concern regarding habitat suitability in 

the upper Santa Ana River above Seven 

Oaks Dam and City Creek for possible 

reintroduction sites, as described in the 

proposed revised critical habitat rule. 

They stated the presence of brown trout 

would make these areas unsuitable for 

reintroduction, and that any program 

attempting to eradicate brown trout 

would conflict with recreational fishing. 

Our Response: We appreciate CDFG’s 

comment letter and information that it 

provided; however, in this final critical 

habitat designation, we are not 

including as critical habitat areas that 

were previously identified solely for 

reintroduction purposes (upper Santa 

Ana River above Seven Oaks Dam or 

Plunge Creek; 74 FR 65056; December 9, 

2009; 75 FR 38441; July 2, 2010). We 

now conclude that these areas are not 

essential because we lack information 

indicating that these areas were 

historically occupied by the species and 

lack sufficient information to support a 

determination that these areas are 

needed for the species’ recovery. See 

response to Comments 5, 9, and 22 

above and the Summary of Changes 

From 2009 Proposed Critical Habitat to 

This Final Critical Habitat Designation 

section. 

Comment 24: The CDFG stated all the 

places mentioned as potential 

reintroduction sites in the Santa Ana 

River would require some management 

and monitoring because of the lack of 

connectivity between many of the 

tributaries and the Santa Ana River 

mainstem. 

Our Response: We concur with the 

CDFG and recognize that any 

reintroduction areas would likely 

require active management for 

successful reintroduction and 

proliferation of Santa Ana suckers. We 

appreciate CDFG’s comment letter and 

information that it provided; however, 

in this final critical habitat designation, 

we are not including as critical habitat 

areas that were previously identified 

solely for reintroduction purposes (74 

FR 65056; December 9, 2009; 75 FR 

38441; July 2, 2010). We now conclude 

that these areas are not essential because 

we lack information indicating that 

these areas were historically occupied 

by the species and lack sufficient 

information to support a determination 

that these areas are needed for the 

species’ recovery. See response to 

Comments 5, 9, 22, 23 above, and the 

Summary of Changes From 2009 

Proposed Critical Habitat to This Final 

Critical Habitat Designation Section. 

Comment 25: The CDFG stated there 

has been a reduction in coarse sediment 

transport as a result of the Prado Dam. 

They stated they are in favor of restoring 

sediment transport to the lower reaches 

of the Santa Ana River. 

Our Response: We agree that the 

construction and operation of the Prado 

Dam has likely inhibited the transport of 

coarse sediments, such as gravel and 

cobble. We recognize the importance of 

cobble and gravel substrates that 

provide suitable habitat for Santa Ana 

sucker reproduction, feeding or forage, 

and shelter (PCE 2) (Service 2009, p. 

65061). Diminished water and coarse 

sediment transport, and sediment 

removal, have been identified as a threat 

that may require special management 

(see Special Management 

Considerations or Protection section 

above). Special management actions 

may be necessary to replenish the lower 

reaches of the Santa Ana River with 

substrates necessary for the 

conservation of Santa Ana sucker (i.e., 

gravel and cobble). 

Other Comments 

Comments Related To Subunit 1A 

Comment 26: Ten commenters stated 

that Subunit 1A was determined to be 

not essential for the conservation of the 

Santa Ana sucker was excluded from 

the 2005 final critical habitat rule, and 

thus should also be excluded from this 

critical habitat designation. They also 

stated that Subunit 1A should be 

excluded because the economic burden 

to this area would be devastating if 

critical habitat is designated. 

Our Response: The commenters did 

not provide any explanation or new 

scientific information supporting their 

assertion that Subunit 1A should be 

excluded from this final revised critical 

habitat designation because it is not 

essential for the conservation of the 

Santa Ana sucker. They simply noted 


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that Subunit 1A was excluded in the 

2005 final critical habitat rule (see the 

Summary of Changes From Previous 

Critical Habitat—Unit 1: Santa Ana 

River section above for specific 

discussion). We considered all new 

scientific information acquired since the 

2005 final critical habitat rule, used 

more specific PCEs and higher 

resolution mapping when determining 

critical habitat, and conducted a new 

analysis of considered exclusions. We 

concluded the Santa Ana River above 

Seven Oaks Dam and Plunge Creek, 

which were previously identified as 

critical habitat in Subunit 1A, do not 

meet the definition of critical habitat 

because we lack information indicating 

that these areas were historically 

occupied by the species and we lack 

sufficient information to support a 

determination that these areas are 

needed for the species’ recovery. In 

particular, we lack supporting 

information at this time regarding the 

feasibility of introducing Santa Ana 

sucker at either location. Furthermore, 

upstream movement of Santa Ana 

suckers from the Santa Ana River 

mainstem is precluded into Plunge 

Creek and into the upper Santa Ana 

River and Bear Creek. Additionally, a 

comprehensive conservation strategy for 

Santa Ana sucker has not been 

developed, although efforts are 

underway for us to develop a recovery 

outline and recovery plan. Therefore, 

we cannot conclude at this time that 

these areas are essential for the 

conservation of the species. In this final 

designation, Subunit 1A now 

encompasses the mainstem of the Santa 

Ana River from Tippecanoe Avenue to 

below Seven Oaks Dam, and City Creek 

and Mill Creek from their confluence 

with the Santa Ana River. We 

determined that this area meets the 

definition of critical habitat for Santa 

Ana sucker and believe it is essential for 

the conservation of the species. This 

subunit also contains PCEs necessary for 

Santa Ana sucker is one of the only 

locations within Unit 1 that is outside 

the highly urbanized area, and 

contributes essential water sources and 

coarse sediments to the downstream 

occupied areas of the Santa Ana River 

(see the Critical Habitat Units—Subunit 

1A: Upper Santa Ana River section for 

additional discussion). 

The final economic analysis (FEA) 

indicates that designation of Subunit 1A 

could result in substantial economic 

costs, primarily resulting from 

restrictions on water diversions from the 

Santa Ana River. In the Economic 

Analysis section above, we point out 

that the ‘‘High End’’ scenario presented 

in the FEA and the estimate of economic 

costs submitted by commenters likely 

substantially overstate the economic 

costs attributable to the designation of 

Subunit 1A because they assume that all 

future water diversions, rather than a 

portion of such diversions, would be 

prevented. We anticipate that some 

portion of the water diversions 

proposed or currently occurring could 

be accommodated by and would be 

consistent with the conservation 

measures necessary for Santa Ana 

sucker. We also point out that, as the 

FEA acknowledges, future restrictions 

on water diversions from the Santa Ana 

River necessary to ensure that Subunit 

1A serves its conservation function for 

the species (which is to provide the 

essential physical and biological 

features such as the transport of water 

and coarse sediments) would also likely 

be necessary to ensure the survival of 

Santa Ana sucker itself in occupied 

Subunits 1B and 1C downstream. Thus, 

in the particular circumstances 

presented here, which consist of a 

single, integrated water system—the 

Santa Ana River watershed—any 

potential future restrictions on the 

diversion of water supplies from the 

river would likely occur whether or not 

Subunit 1A is designated as critical 

habitat, because such restrictions would 

be necessary to provide the habitat 

conditions downstream that support 

Santa Ana sucker in occupied Subunits 

1B and 1C. 

Even assuming that substantial 

economic and other impacts will result 

from designation of Subunit 1A as 

discussed in the FEA and in comments 

submitted on the proposed rule and 

DEA, this area is not excluded under 

section 4(b)(2) of the Act. As discussed 

earlier in Critical Habitat Units Subunit 

1A: Upper Santa Ana River, this subunit 

is essential for the conservation of the 

species because it provides for essential 

processes, such as the transport of 

stream and storm waters that deliver 

coarse sediments necessary to maintain 

the habitat conditions essential to the 

survival and the recovery of the 

population of Santa Ana suckers 

downstream, which is one of only three 

extant populations in the three 

watersheds where the species naturally 

occurs. Our determination not to 

exercise our delegated discretion to 

exclude Subunit 1A from critical habitat 

designation under section 4(b)(2) of the 

Act is committed to agency discretion 

by law and is not reviewable (see Home 

Builders Ass’n of N. Cal. v. U.S. Fish & 

Wildlife Serv., 2006 U.S. Dist. LEXIS 

80255 at *66 (E.D. Cal. Nov. 2, 2006); 

Cape Hatteras Access Preservation 

Alliance et al. v. U.S. Dept. of the 

Interior, 2010 U.S. Dist. LEXIS 84515 ** 

36–38 (D.D.C. August 17, 2010)). 

Comment 27: Ten commenters believe 

the Santa Ana River mainstem above 

Seven Oaks Dam should not be 

designated as critical habitat because 

the proposed critical habitat rule was 

not based on the best available scientific 

data. One commenter stated that this 

area did not meet the definition of 

critical habitat because it was not 

historically occupied by Santa Ana 

suckers. This commenter provided 

Santa Ana sucker museum collection 

maps from near the Southern California 

Edison Powerhouse Number 3, 

immediately downstream from the site 

of the Seven Oaks Dam. The commenter 

suggested that if we do designate this 

area as critical habitat, it should be 

described as an ‘‘introduction’’ location 

as opposed to a ‘‘reintroduction’’ 

location in the final revised critical 

habitat designation. 

Our Response: We agree with the 

commenters that Santa Ana sucker 

records do not exist upstream of Seven 

Oaks Dam; however, survey records for 

this species are not complete. As stated 

in the listing rule (65 FR 19686; April 

12, 2000), we defined Santa Ana 

suckers’ range to be rivers and large 

streams of the Los Angeles, San Gabriel, 

and Santa Ana River drainage systems 

in Los Angeles, Orange, Riverside, and 

San Bernardino Counties (65 FR 19686; 

April 12, 2000). However, in this final 

critical habitat designation, we are not 

including as critical habitat areas that 

were previously identified solely for 

reintroduction purposes (74 FR 65056; 

December 9, 2009; 75 FR 38441; July 2, 

2010). We now conclude that these 

areas are not essential because we lack 

information indicating that these areas 

were historically occupied by the 

species and lack sufficient information 

to support a determination that these 

areas are needed for the species’ 

recovery. See response to Comments 5, 

9, 22, 23, 24 and 26 above, and the 

Summary of Changes From 2009 

Proposed Critical Habitat to This Final 

Critical Habitat Designation section. 

Comment 28: Eleven commenters 

stated the upper Santa Ana River Wash, 

including the Santa Ana River above the 

Seven Oaks Dam, City Creek, and 

Plunge Creek, is unsuitable for Santa 

Ana suckers. They specifically stated 

that the following make the areas 

unsuitable for Santa Ana suckers: (1) 

Presence of brown trout, a possible 

predator; (2) conflicts with Southern 

California Edison diversion dams and 

powerhouses; (3) lack of PCEs; (4) only 

periodic presence of water in certain 

areas; (5) periodic suitability of water 


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quality; and (6) periodic inundation by 

flood waters. Additionally, the 

commenters state any reintroduction in 

this area is arbitrary and capricious, 

and, moreover, there is no recovery plan 

for the species to guide conservation 

efforts. 

Our Response: In this final critical 

habitat designation, we are not 

including as critical habitat areas that 

were previously identified solely for 

reintroduction purposes (74 FR 65056; 

December 9, 2009; 75 FR 38441; July 2, 

2010). We now conclude that these 

areas are not essential because we lack 

information indicating that these areas 

were historically occupied by the 

species and lack sufficient information 

to support a determination that these 

areas are needed for the species’ 

recovery. See response to Comments 5, 

9, 22, 23, 24 and 26 above, and the 

Summary of Changes From 2009 

Proposed Critical Habitat to This Final 

Critical Habitat Designation section. We 

are, however, designating critical habitat 

in City Creek, Mill Creek, and the Santa 

Ana River above Tippecanoe Avenue 

because these areas are essential for the 

conservation of the Santa Ana sucker. 

They provide a source of water and 

coarse sediment necessary to maintain 

all life stages of Santa Ana sucker (PCE 

1) to downstream occupied areas, which 

is an essential physical and biological 

feature for Santa Ana sucker. We 

disagree with the commenters’ 

suggestion that the reintroduction of 

Santa Ana suckers into the areas above 

Seven Oaks Dam and Plunge Creek is 

arbitrary and capricious. We based our 

revised proposed critical habitat 

designation (74FR 65056; December 9, 

2009) on the study conducted by the 

Orange County Water District (OCWD 

2009), which provides the most recent 

and comprehensive reconnaissance data 

available. This study was conducted 

specifically to determine the most 

suitable habitats for Santa Ana sucker 

reintroduction. The study qualitatively 

evaluated habitat suitability and threat 

presence at each location, ranked each 

location (OCWD 2009, p. 6–2), and 

recommended the areas most likely to 

support viable populations (OCWD 

2009, pp. 6–5–6–6). However, at this 

time, we are not designating critical 

habitat solely for the purpose of 

reintroduction. 

Comment 29: Six commenters stated 

that the ‘‘State Water Resources Control 

Board Decision 1649’’ (State Water 

Board’s Decision 1649) determined the 

Santa Ana River upstream of Seven 

Oaks Dam is not essential for Santa Ana 

sucker; therefore, the commenters 

believe this area should not be 

designated as critical habitat. 

Our Response: The commenters state 

that the State Water Board’s Decision 

1649, which was made in October 2009, 

followed the California Regional Water 

Quality Control Board’s Santa Ana River 

Basin Plan (CRWQCB 2008), which does 

not list the upper Santa Ana River 

watershed in the Beneficial Use category 

based on presence of federally listed 

species under the Act (CRWQCB 2008, 

pp. 3–1—3–42). However, we anticipate 

that the CRWQCB will include this 

critical habitat designation in their 

evaluation when determining beneficial 

uses in future plans for the Santa Ana 

River basin. The commenters stated that 

the CRWQCB determined the area is 

‘‘not essential.’’ However, the CRWQCB 

language was not used in the context of 

critical habitat as defined under section 

3 of the Act. ‘‘Critical habitat’’ is a term 

of art under the Act. A designation of 

critical habitat is made by the Service in 

accordance with the provisions of the 

Act and its implementing regulations. 

Critical habitat designation is not 

required under and is not governed by 

State law. When we conduct a critical 

habitat analysis, we use the best 

available scientific data to determine the 

specific areas within the geographical 

area occupied by a species, at the time 

it is listed in accordance with the Act, 

on which are found those physical or 

biological features essential to the 

conservation of the species which may 

require special management 

considerations or protection; and 

specific areas outside the geographical 

area occupied by a species at the time 

it is listed, upon a determination that 

such areas are essential for the 

conservation of the species (see Critical 

Habitat section above). The State Water 

Board is not charged with the legal 

responsibility to designate critical 

habitat, and Decision 1649 does not 

incorporate critical habitat as defined by 

the Act (as we did in the proposed 

revised critical habitat rule and in this 

final rule). Thus, any decision made by 

the State under State law regarding 

‘‘essential’’ Santa Ana sucker habitat 

cannot supersede this Santa Ana sucker 

final critical habitat analysis and 

designation. We note that CRWQCB 

(2009, p. 23) decision 1649 specifically 

states that any analysis of impacts of 

potential water conservation operations 

(i.e., diversion or holding for sale of 

water) on endangered species must be 

consulted on to the extent of the law to 

ensure all appropriate agencies have 

been consulted. Specific analysis of 

water diversions or holding (water 

conservation) as a result of the 

CRWQCB’s decision on Santa Ana 

sucker and its essential habitat must be 

evaluated under section 7 of the Act. It 

is through section 7 consultation that 

we will evaluate the impacts of the 

proposed water diversion or 

conservation operations on Santa Ana 

sucker and its designated critical 

habitat. 

As discussed in the Summary of 

Changes From 2009 Proposed Critical 

Habitat to This Final Critical Habitat 

Designation section, the Santa Ana 

River upstream of Seven Oaks Dam was 

determined not essential for the 

conservation of Santa Ana sucker, 

because we lack information indicating 

that these areas were historically 

occupied by the species and lack 

sufficient information to support a 

determination that these areas are 

needed for the species’ recovery. 

Therefore, we are not designating the 

area above Seven Oaks Dam as critical 

habitat in this final rule. 

Comment 30: Six commenters stated 

that the Santa Ana River mainstem from 

Seven Oaks Dam to Tippecanoe Avenue 

should not be designated as critical 

habitat because this area is not essential 

for the conservation of the species. They 

stated that the Service did not describe 

the particular function of the PCEs 

present in this portion of the river. They 

reference the proposed revised critical 

habitat rule regarding the description in 

the Subunit 1A: Upper Santa Ana River 

section that indicates the upstream 

reach provides spawning and feeding 

substrates (Service 2009, p. 65070). 

However, the commenters believe the 

Service did not clearly identify why this 

area was being designated as critical 

habitat, and, therefore, the Service 

should not designate this area without 

clearly stating why it is essential for the 

conservation of the species. They stated 

that this stretch of the river is an 

intermittent stream and according to 

Humphrey et al.’s (2004) report 

evaluating the proposed revised critical 

habitat, only Mill and City Creeks and 

other streams provide downstream 

sediments. 

Our Response: The best available 

scientific data do not support the 

commenters’ assertion that the Santa 

Ana River mainstem from Seven Oaks 

Dam to Tippecanoe Avenue does not 

meet the definition of critical habitat 

(see our response to Comment 28 

above). USGS gauge data indicate that 

the area between Seven Oaks Dam and 

Tippecanoe Avenue supports high flows 

(above 4,000 cfs) that are frequent 

enough for transport of gravel and 

cobbles. Furthermore, even river reaches 

that are intermittently dry provide a 

connective corridor (when sufficient 

flows are present) for transport of coarse 

sediment (PCE 2) from City and Mill 


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Creeks and water from the Santa Ana 

River above Seven Oaks Dam (PCE 1). 

As stated in supporting documentation 

from the commenters’ submission, the 

Santa Ana River above Seven Oaks Dam 

was historically a principle contributor 

of coarse sediment to the lower portions 

of the river. Currently, Mill and City 

Creeks are two of the main sediment 

contributors (Humphrey et al. 2004, pp. 

2–3). A connected and integrated system 

that can deliver the necessary coarse 

sediments to the lower reaches is 

required for species’ survival and 

recovery. We are designating critical 

habitat in City Creek, Mill Creek, and 

the Santa Ana River above Tippecanoe 

Avenue because these areas are essential 

for the conservation of the species; they 

provide a source of water and coarse 

sediment necessary to maintain all life 

stages of Santa Ana sucker (PCE 1) to 

downstream occupied areas. 

Comment 31: Six commenters believe 

the Service cited ‘‘new information’’ as 

the reasoning behind the proposed 

revisions to critical habitat, without 

clearly explaining what this ‘‘new 

information’’ was. 

Our Response: We agree with the 

commenters and thus provide 

clarification and reiteration of this new 

information in the Background and 

Physical and Biological Features section 

above. The Summary of Changes From 

Previously Designated Critical Habitat 

section also describes specific revisions 

to the critical habitat designation and 

explanations of these changes. 

Comment 32: Six commenters believe 

designation of critical habitat in Subunit 

1A would contradict the State Water 

Resources Control Board’s Decision 

1649 to allow permitted water districts 

to divert up to approximately 200,000 

acre-feet of water annually during storm 

events. They stated these water rights 

are a form of property, and critical 

habitat designation would likely 

constitute both a physical and 

regulatory ‘‘taking’’ of property that 

would require Government 

compensation under the Takings Clause. 

Our Response: Regarding the 

relationship of the State Water 

Resources Control Board’s Decision 

1649 and this designation of revised 

critical habitat for the Santa Ana sucker, 

see our response to comment 29 above. 

We do not agree that critical habitat 

designation would constitute a physical 

and regulatory taking of property. The 

designation of critical habitat, in and of 

itself, has no legal effect on property 

rights and clearly does not effect a 

physical or regulatory ‘‘taking’’ of 

property. Critical habitat designation 

does not in and of itself affect or 

preclude property use; rather, it comes 

into play under section 7 of the Act 

when a proposed Federal action may 

adversely affect critical habitat. In the 

event an adverse finding is made in a 

section 7 consultation, the Service is 

required to identify any available 

reasonable and prudent project 

alternatives that would avoid adverse 

modification. The Act also incorporates 

procedures to exempt specific Federal 

actions from the mandates of section 

7(a)(2) where irreconcilable conflicts 

exist. The Act contains thus contains 

several measures to reconcile the needs 

of listed species and their essential 

habitat with the needs of private or nonFederal landowners. The commenters’ 

assertion that the designation of critical 

habitat for the Santa Ana sucker affects 

a regulatory or physical taking of private 

property is erroneous as a matter of law. 

Comment 33: Nine commenters 

asserted City Creek should not be 

designated as critical habitat because it 

was excluded from the 2005 final 

critical habitat designation (70 FR 425; 

January 4, 2005). They also believe City 

Creek is currently unoccupied and does 

not provide a significant source of 

sediment to the Santa Ana River 

mainstem. Additionally, they stated the 

proposed revised critical habitat 

designation was improper for 

reintroduction because brown trout are 

present in the creek. 

Our Response: The commenters did 

not provide any explanation or new 

information supporting their assertion 

that City Creek should be excluded from 

this final critical habitat designation, 

other than City Creek was not included 

in the 2005 final critical habitat rule as 

a policy decision to not include areas 

for maintenance of processes. We 

considered all new information 

acquired since the 2005 final critical 

habitat rule and conducted a new 

analysis of considered exclusions (see 

Exclusions section above). We 

determined this area meets the 

definition of critical habitat for Santa 

Ana sucker and believe the area and the 

process it provides are essential for the 

conservation of the species. This 

subunit not only contains the PCEs 

necessary to conserve Santa Ana sucker, 

it is one of the only locations within this 

unit that is outside the highly urbanized 

area. We are designating critical habitat 

in City Creek, Mill Creek, and the Santa 

Ana River above Tippecanoe Avenue 

because these areas are essential for the 

conservation of the species. They 

provide a source of water and coarse 

sediment, an essential physical and 

biological feature necessary to maintain 

all life stages of Santa Ana sucker (PCEs 

1 and 2), in downstream occupied areas. 

Under section 3(5)(A)(ii) of the Act, 

critical habitat may include specific 

areas outside the geographical area 

occupied by a species at the time it is 

listed, upon a determination that such 

areas are essential for the conservation 

of the species. 

Comment 34: Six commenters believe 

if Mill and City Creeks are designated as 

critical habitat, the critical habitat 

designation must be seasonally limited 

to allow implementation of local 

projects that do not impact water and 

sediment flows. 

Our Response: The definition of 

critical habitat does not allow for the 

designation of critical habitat on a 

temporal basis. Furthermore, critical 

habitat does not create a prohibition of 

activities. If the referenced temporally 

variable activities do not adversely 

affect habitat (i.e., do not adversely 

impact water and sediment flows), then 

critical habitat should not have any 

regulatory effect on those activities (see 

Critical Habitat section above). The 

PCEs that we determined to be essential 

to the conservation of the species may 

not always be present in a single area at 

a single point in time; therefore, the 

dynamic nature of the system is 

represented by the PCEs and does not 

incorporate seasonality. See also 

responses to Comments 13 and 33 above 

for reasoning behind designating these 

areas. 

Comment 35: One commenter stated 

that their current operations in City 

Creek and Santa Ana River include 

maintenance of the Inland Feeder and 

blow-off structures used to discharge 

water (approximately 50 acre-feet (61,67 

cubic-meters)) into both rivers. They 

stated that these operations would not 

affect sediment transport in the 

watershed but may impact Santa Ana 

suckers if they were reintroduced into 

City Creek. 

Our Response: We appreciate the 

information provided by the 

commenter. In this final critical habitat 

designation, we are not including as 

critical habitat areas that were 

previously identified for reintroduction 

purposes (74 FR 65056; December 9, 

2009; 75 FR 38441; July 2, 2010). We 

now conclude that potential 

reintroduction areas are not essential 

because we lack information indicating 

that these areas were historically 

occupied by the species and lack 

sufficient information to support a 

determination that these areas are 

needed for the species’ recovery. See 

response to Comments 5, 9, 22, 23, 24, 

27, and 28 above, and Summary of 

Changes From 2009 Proposed Critical 

Habitat to This Final Critical Habitat 

Designation section. We are, however, 

designating critical habitat in City 


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Creek, Mill Creek, and the Santa Ana 

River above Tippecanoe Avenue 

because these areas are essential for the 

conservation of the Santa Ana sucker; 

they provide a source of water and 

coarse sediment necessary to maintain 

all life stages of the species (PCE 1) to 

downstream occupied areas, which is an 

essential physical and biological feature 

for Santa Ana sucker. City Creek and 

Mill Creek are also part of the 

functioning hydrologic system and 

assist in maintaining water quality and 

temperature to downstream occupied 

reaches of the Santa Ana River. Under 

section 3(5)(A)(ii) of the Act, critical 

habitat may include specific areas 

outside the geographical area occupied 

by a species at the time it is listed, upon 

a determination that such areas are 

essential for the conservation of the 

species. Therefore, we are designating 

City Creek, Mill Creek, and the Santa 

Ana River above Tippecanoe Avenue as 

critical habitat because they are 

essential for the conservation of the 

Santa Ana sucker. They provide a 

source of water and coarse sediment 

necessary to maintain all life stages of 

Santa Ana sucker in currently occupied 

areas. 

Comment 36: Four commenters 

believe that the designation of Mill 

Creek to preserve a fluvial process is 

unnecessary because this process will 

occur without the designation of critical 

habitat. Further, they stated that the 

designation of critical habitat does not 

create more water or coarse substrate, 

and they believe we need to have a 

foreseeable threat to the area or the 

process to justify the designation 

(otherwise the commenters believe the 

designation is arbitrary). 

Our Response: We are designating 

Mill Creek as critical habitat for Santa 

Ana sucker because it is essential for the 

conservation of the Santa Ana sucker; it 

serves as a source of water and coarse 

sediment (PCEs 1 and 2) that will be 

transported to the downstream occupied 

areas (see the description of Critical 

Habitat Units—Subunit 1A: Upper Santa 

Ana River section above). Mill Creek has 

been documented as a significant source 

of coarse sediment (PCE 2) to the lower 

Santa Ana River (Humphrey et al. 2004, 

p. 2). Mill Creek also assists in 

maintaining water quality (PCE 4) and 

temperature (PCE 5) to occupied reaches 

downstream. The designation as critical 

habitat provides an opportunity for the 

Service to consult on Federal projects 

that may impact these physical and 

biological features essential to the 

conservation of the species. Therefore, 

we determined that Mill Creek meets 

the definition of critical habitat (see 

description of Unit 1: Santa Ana River 

under the Critical Habitat Units section 

above) and are designating 

approximately 12 mi (19.3 km) of Mill 

Creek as critical habitat as a source of 

water (PCE 1) and coarse sediment (PCE 

2) necessary to maintain all life stages 

of Santa Ana sucker. Contrary to the 

commenters’ suggestion, we are not 

required to identify a foreseeable threat 

to an essential habitat area or identify 

specific features essential to the 

conservation of the species to justify 

designation of areas, such as Mill Creek, 

that are outside the geographical area 

occupied by the species at the time of 

listing. We have concluded that even 

though this area is unoccupied, and was 

not occupied at the time of listing, it is 

essential for the conservation of Santa 

Ana sucker because it provides for the 

essential process of water and coarse 

sediment delivery to occupied 

downstream areas of the Santa Ana 

River. 

Comment 37: One commenter 

believes that other and lower-order 

tributaries than those proposed as 

revised critical habitat should be 

evaluated for critical habitat designation 

specifically for the purposes of refugia 

from predators and locations for flood 

control and operation of hydroelectric 

power facilities. 

Our Response: We did include 

tributaries within all three critical 

habitat units (i.e., Sunnyslope Creek and 

Rialto Drain in the Santa Ana River, 

Bear Creek and Big Mermaids Canyon 

Creek in the San Gabriel River, and 

Delta Canyon Creek and Gold Canyon 

Creek in Big Tujunga Creek) that may 

provide refugia within occupied areas 

from predators, flood control, and 

operation of hydroelectric power 

facilities. See response to Comment 5, 9, 

22, 23, 24, 27, 28, and 36 above, and the 

Summary of Changes From 2009 

Proposed Critical Habitat to This Final 

Critical Habitat Designation section. 

Comment 38: One commenter stated 

that, in Subunit 1A, all facilities (and a 

buffer) associated with operation of 

hydroelectric power facilities or water 

delivery should be excluded from the 

final critical habitat designation because 

these areas do not provide PCEs at this 

time or in the future. Additionally, the 

commenter stated that designation of 

critical habitat may expose 

hydroelectric power facilities to take of 

Santa Ana suckers. 

Our Response: We appreciate the 

commenter’s concern that facilities 

associated with operation of 

hydroelectric power facilities or water 

delivery do not provide the PCEs 

necessary for the conservation of Santa 

Ana sucker. When designating critical 

habitat boundaries within this final rule, 

we made every effort to avoid including 

developed areas such as lands covered 

by buildings, pavement, and other 

structures, because such lands lack 

essential features for Santa Ana sucker. 

The scale of the maps prepared under 

the parameters for publication within 

the Code of Federal Regulations may not 

reflect the exclusion of all such 

developed lands. Any such structures 

and the land under them inadvertently 

left inside critical habitat boundaries 

shown on the maps of this final revised 

critical habitat are excluded by text in 

this final rule. Therefore, a Federal 

action involving the facilities mentioned 

by the commenter would not trigger 

section 7 consultation with respect to 

critical habitat; however, section 7 

consultation would be necessary if 

operations of the facility impact the 

Santa Ana sucker or its habitat. If 

operations may impact the Santa Ana 

sucker, the Federal agency involved 

would be responsible for entering into 

consultation with the Service under 

section 7 of the Act. 

We note that critical habitat 

designation is not relevant to the 

question of whether a proposed action 

may result in take of Santa Ana sucker. 

Unauthorized take of listed animal 

species is prohibited under section 9 of 

the Act. ‘‘Harm’’ as a form of take under 

the Act includes significant habitat 

modification that actually injures or 

kills a listed species by significantly 

affecting one or more of their essential 

behavioral patterns, such as breeding, 

feeding, or sheltering. Habitat 

modification that results in injury or 

death to a listed species is prohibited 

whether or not the habitat modified has 

been designated as critical habitat. 

Comment 39: One commenter stated 

that we need to document a ‘‘real 

possibility’’ of extirpation of an entire 

area to justify the designation of critical 

habitat outside the geographic range of 

Santa Ana sucker at the time of listing. 

Our Response: The commenter is 

incorrect. The definition of critical 

habitat is defined in section 3 of the Act 

as: 

(i) The specific areas within the 

geographical area occupied by a species, 

at the time it is listed in accordance 

with the Act, on which are found those 

physical or biological features 

(I) Essential to the conservation of the 

species and 

(II) That may require special 

management considerations or 

protection; and 

(ii) Specific areas outside the 

geographical area occupied by a species 

at the time it is listed, upon a 

determination that such areas are 


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essential for the conservation of the 

species. 

Documentation of the possibility of 

extirpation is not a requirement that 

must be met in order for areas to meet 

the definition of critical habitat. We are 

designating areas outside the 

geographical range of Santa Ana sucker 

at the time of listing in Subunit 1A 

because we have determined that such 

areas are essential for the conservation 

of the species. 

Comments Related to the Santa Ana 

Sucker Conservation Program (SAS 

Conservation Program) 

Comment 40: Eighteen commenters 

expressed support for exclusion of lands 

covered by the SAS Conservation 

Program and stated that designation of 

critical habitat often provides little 

additional protection for listed species 

because section 7 of the Act already 

requires Federal agencies to ensure their 

actions do not jeopardize the continued 

existence of a listed species (70 FR 425; 

January 4, 2005). They further believe 

that exclusion of Subunits 1B and 1C 

will not result in extinction of the 

species. 

Our Response: We understand the 

commenters’ reasoning; however, we 

carefully and thoroughly analyzed this 

issue and have not concluded that the 

benefits of excluding lands in Subunits 

1B and 1C within the jurisdiction of the 

SAS Conservation Program outweigh 

the benefits of including these lands in 

the final critical habitat designation. See 

Rationale For Including the Western 

Riverside County MSHCP and SAS 

Conservation Program in This Final 

Critical Habitat Designation section 

above for a detailed discussion of this 

analysis. 

Comments Related to the Western 

Riverside County Multiple Species 

Habitat Conservation Plan (Western 

Riverside County MSHCP) 

Comment 41: Five commenters 

believe that lands covered by existing 

conservation plans should be excluded 

from the final revised critical habitat 

designation because of the conservation 

benefit of the partnerships. They further 

state that Santa Ana sucker is a covered 

species under the Western Riverside 

County MSHCP, and therefore lands 

within this plan area in Subunits 1B and 

1C should be excluded from the final 

revised critical habitat designation. 

Our Response: The Western Riverside 

County MSHCP has provided an 

opportunity for valuable partnerships to 

be established and conservation 

measures for Santa Ana sucker to be 

implemented. However, in evaluating 

the partnership benefits contributed by 

the Western Riverside County MSHCP 

in the context of the current status and 

continued decline of the species and its 

habitat, we have not concluded that the 

partnership benefits of excluding lands 

covered by the Western Riverside 

County MSHCP outweigh the benefits of 

including these areas in the final critical 

habitat designation. Therefore, we are 

not excluding any lands covered by the 

Western Riverside County MSHCP in 

this designation under section 4(b)(2) of 

the Act in this final critical habitat rule. 

Please see the Rationale For Including 

the Western Riverside County MSHCP 

and SAS Conservation Program in This 

Final Critical Habitat Designation 

section of this rule for a detailed 

discussion of this decision. 

Comments Related to Areas Designated 

as Critical Habitat 

Comment 42: One commenter 

believes that the portion of the Santa 

Ana River from Tippecanoe Avenue to 

the La Cadena drop structure in Subunit 

1B does not meet the definition of Santa 

Ana sucker critical habitat. The 

commenter reasoned this area does not 

meet the definition of critical habitat 

because it: (1) Is not currently occupied, 

(2) was not considered occupied at the 

time of listing, (3) is dry and concretelined in places, and (4) has areas that 

block fish passage. The commenter 

asserted they have been removing 

sediment from the system to maintain 

low-flow channels and are not aware 

this activity is impacting the transport 

of sediment to occupied locations 

downstream. 

Our Response: We determined the 

Santa Ana River from Tippecanoe 

Avenue to the La Cadena drop structure 

to be essential to the conservation of the 

species, and consider this area to have 

been occupied at the time of listing 

(Service 2000, p. 19686; Service 2009, p. 

65071). Currently, upstream movement 

of Santa Ana suckers is precluded by 

the drop structure at La Cadena Drive 

and this area is unoccupied by Santa 

Ana sucker. However, this reach of the 

river above La Cadena Drive is a 

connective corridor for sediment and 

water transport (PCE 1), even though it 

may be periodically dry (PCE 7). The 

best available scientific data indicate 

that this area contributes coarse 

sediment required for Santa Ana sucker 

breeding and feeding to the lower 

reaches of the river (Humphrey et al. 

2004, pp. 2–3; USGS gauge data). The 

definition of critical habitat does not 

require habitat to be currently occupied 

or to have been occupied at the time of 

listing (see Critical Habitat section 

above); therefore, lack of current 

occupancy by Santa Ana suckers does 

not preclude critical habitat designation. 

We are designating critical habitat in 

City Creek, Mill Creek, and the Santa 

Ana River above La Cadena Drive and 

Tippecanoe Avenue because these areas 

provide a source of water and coarse 

sediment necessary to maintain all life 

stages of Santa Ana sucker (PCE 1) to 

downstream occupied areas, which is an 

essential physical and biological feature 

for Santa Ana sucker. These areas are 

essential for the conservation of the 

species. 

We are also unaware of what impacts 

sediment removal may have on the 

functioning of the watershed system as 

a whole. A study detailing sediment 

transport within the system is needed to 

understand how extraction of sediment 

may be impacting Santa Ana sucker 

habitat. Answering this question is an 

important aspect of recovery planning 

because recent research has shown 

Santa Ana suckers are limited by the 

availability of suitable habitat for all life 

stages (Thompson et al. 2010, pp. 321– 

332). Because hydrologic system 

connectivity is important for the 

transport of coarse sediment and water 

downstream, this area was determined 

to be essential to the conservation of the 

species and therefore designated as 

critical habitat in this final rule. 

Comment 43: One commenter 

believes the critical habitat designation 

was incomplete because it did not 

include any of the Santa Clara River 

Santa Ana sucker population. The 

commenter believes the discussion of 

PCEs in the Santa Clara River is lacking 

and the persistence of the species in this 

river reinforces the need to include this 

watershed in the final critical habitat 

designation. 

Our Response: The Santa Clara River 

population of Santa Ana sucker does not 

belong to the entity listed under the Act; 

therefore, we did not designate areas in 

this river as final revised critical habitat. 

See the Geographic Range and Status 

sections of the proposed revised critical 

habitat designation (74 FR 65056; 

December 9, 2009), this final rule, and 

our response to Comment 3 above for a 

more detailed discussion of this issue. 

Comment 44: One commenter 

believes the proposed revised critical 

habitat designation was incomplete 

because it did not include additional 

unoccupied habitat. They asserted that 

data exist describing Santa Ana River 

tributaries in San Bernardino County 

such as Mill, Plunge, City, Strawberry, 

Twin, Lytle, and Cajon Creeks and the 

Upper Santa Ana River upstream of 

Seven Oaks Dam that are good 

candidate habitats for Santa Ana sucker 

reintroduction. 


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Our Response: We understand the 

commenter’s concerns and agree that 

reintroduction is likely needed for 

recovery of Santa Ana sucker. However, 

in this final critical habitat designation, 

we are not including areas that we 

proposed solely for reintroduction as 

critical habitat. We now conclude that 

these areas are not essential because we 

lack information indicating that these 

areas were historically occupied by the 

species and lack sufficient information 

to support a determination that these 

areas are needed for the species’ 

recovery. We require more specific data 

detailing the need for reintroduction 

and the suitability of particular 

locations for reintroduction; therefore, 

we are not designating areas solely for 

the purpose of reintroduction. See 

response to Comments 5, 9, 22, 23, 24, 

27, 28, 35, and 37 above, and Summary 

of Changes From 2009 Proposed Critical 

Habitat to This Final Critical Habitat 

Designation section. We are however, 

including in our final critical habitat 

designation two subunits that are 

considered unoccupied (i.e., Subunits 

1A and 3B) that provide for essential 

processes that are necessary for the 

conservation of Santa Ana sucker. 

Within Subunit 1A, we have determined 

that City Creek, Mill Creek, and the 

Santa Ana River above Tippecanoe 

Avenue provide or contain sources of 

water and coarse sediment necessary to 

maintain all life stages of Santa Ana 

sucker and are therefore essential for the 

conservation of the species. Strawberry, 

Twin, Lytle and Cajon Creeks were not 

designated as critical habitat because, at 

this time, we do not have data that 

indicate that they provide for these 

essential processes necessary for the 

conservation of the species; however, 

we may determine in the future that 

these areas are essential for the 

conservation of the species. As stated in 

the Critical Habitat Units—Subunit 1A: 

Upper Santa Ana River section, we 

believe in the Santa Ana River the 

currently occupied areas have been 

modified and degraded substantially 

and conservation of areas outside the 

geographical range occupied at the time 

of listing is essential. However, in this 

final critical habitat designation, we are 

not including areas that we proposed 

solely for reintroduction as critical 

habitat but are including unoccupied 

areas for the essential processes that 

they provide to occupied areas. 

Comment 45: One commenter 

believes the Service should not 

eliminate from critical habitat 

designation any area proposed as 

critical habitat due to current or 

historical alterations of hydrology, such 

as upstream of dams or other 

impediments. They stated that the 

Service should work cooperatively with 

dam managers to mimic natural flows, 

which would aid in Santa Ana sucker 

recovery. 

Our Response: We agree that natural 

flow regimes are important to the 

survival and recovery of Santa Ana 

sucker. We have designated stream 

reaches that have been hydrologically 

altered but still contain one or more of 

the PCEs, are essential to the 

conservation of Santa Ana sucker and 

may require special management 

consideration or protections. However, 

areas adjacent to dams, regardless of 

flow regime, do not provide PCEs and 

do not meet the definition of critical 

habitat (see Critical Habitat and Criteria 

Used to Identify Critical Habitat sections 

above). Therefore, the footprint of areas 

of dams and other impediments were 

not proposed nor finalized as critical 

habitat. A consultation under section 7 

of the Act for dam operations would, 

however, analyze the indirect impacts of 

operations to upstream and downstream 

critical habitat that is designated. We 

will strive to work cooperatively with 

dam managers as appropriate to mimic 

natural flows to aid in Santa Ana sucker 

recovery, regardless of critical habitat 

designation. 

Comment 46: One commenter 

believes the final revised critical habitat 

designation should support all existing 

conservation investments or mitigation 

efforts. Further, they believe these 

conservation or mitigation areas should 

be included in the final critical habitat 

designation to further support the 

success of these investments. 

Our Response: The commenter did 

not provide specific examples of 

additional conservation or mitigation 

areas that are part of conservation efforts 

for Santa Ana sucker that were not 

included in the final critical habitat 

designation. The final critical habitat 

designation does include areas within 

the Western Riverside County MSHCP 

that are expected to be managed as 

reserve lands through implementation 

of the plan and includes the Big 

Tujunga Wash Mitigation Bank in the 

Big Tujunga Wash. 

Comment 47: Two commenters 

believe that exclusions of critical habitat 

on the basis of a management plan is not 

a substitute for the designation of 

critical habitat and they asserted that 

coverage by a habitat management plan 

is not sufficient justification to exclude 

it from critical habitat designation. 

Additionally, the commenter believes 

that plans or programs in draft form (i.e., 

the SAS Conservation Program) do not 

justify exclusion from critical habitat 

designation. 

Our Response: We may exercise our 

delegated discretion to exclude an area 

from critical habitat under section 

4(b)(2) of the Act if we conclude that the 

benefits of exclusion of the area 

outweigh the benefits of its designation. 

We do not exclude areas based on the 

mere existence of management plans or 

other conservation measures. The 

existence of a plan may reduce the 

benefits of inclusion of an area in 

critical habitat to the extent the 

protections provided under the plan are 

redundant with conservation benefits of 

the critical habitat designation. In 

particular, we believe that the exclusion 

of lands may be justified when they are 

managed and conserved in perpetuity. 

Thus, in some cases the benefits of 

exclusion in the form of sustaining and 

encouraging partnerships that result in 

on the ground conservation of listed 

species may outweigh the incremental 

benefits of inclusion. None of the areas 

under the jurisdiction of the SAS 

Conservation Program or the Western 

Riverside County MSHCP are currently 

conserved for the benefit of Santa Ana 

sucker, and we have not concluded that 

the partnership benefits of excluding 

lands covered by the SAS Conservation 

Program or the Western Riverside 

County MSHCP outweigh the benefits of 

including these areas in the final critical 

habitat designation. Please see the 

Rationale For Including the Western 

Riverside County MSHCP and SAS 

Conservation Program in This Final 

Critical Habitat Designation section 

above for a full discussion of our 

analysis for both the SAS Conservation 

Program and the Western Riverside 

County MSHCP. 

Comment 48: One commenter 

believes the Service did not provide 

documentation that periodically dry 

areas are occupied by Santa Ana 

suckers. They stated the area from 

Mission Boulevard in Riverside County 

to the City of Colton experienced 

periods of insufficient flows from 1971 

to 1982 (USGS gauge data); therefore, 

this reach should not be considered 

occupied by the species. 

Our Response: The area the 

commenter described is known to be 

currently occupied by Santa Ana 

suckers (SMEA 2009, pp. 1–5) and was 

also occupied at the time of listing 

(Service 2000, pp. 19686–19687). 

Survey data are not available as far back 

as 1982, but recent data show the Santa 

Ana River at Mission Boulevard is 

routinely occupied by Santa Ana 

suckers (SMEA 2009, p. 1). 

Additionally, habitat surveys indicate 

this area is one of the few remaining 


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suitable areas for Santa Ana sucker 

(Thompson et al. 2010, pp. 330–331) in 

the Santa Ana River. There are areas 

further upstream that may experience 

periods of dewatering; however, these 

areas contain the physical and 

biological features essential to the 

conservation of the species because they 

provide sources of water and coarse 

sediment necessary to maintain all life 

stages of Santa Ana sucker (PCE 1) and 

are a connective corridor for transport of 

water and coarse sediments (PCE 2) to 

lower portions of the occupied or 

seasonally occupied range (PCE 7). 

Moreover, when this periodically dry 

reach is wetted from late winter rains, 

Santa Ana sucker has been reported 

from the La Cadena drop structure 

(Baskin et al. 2005, p. 2), which is 

currently as far upstream as the fish can 

travel due to the permanent barrier at La 

Cadena Drive. Therefore, this area is 

considered occupied by Santa Ana 

suckers and is included in this final 

critical habitat designation. 

Comment 49: Four commenters stated 

that inclusion of areas along the Santa 

Ana River where compliance with 

Federal Emergency Management Agency 

(FEMA) regulation is required for flood 

control would trigger lengthy section 7 

consultations on flood control actions. 

The commenters believe these lengthy 

consultations would delay operations 

because of the time required to conduct 

section 7 consultations, and may pose a 

risk to human health and safety. 

Our Response: Section 7 of the Act 

provides for emergency consultations in 

response to an act of God, disasters, 

casualties, national defense or security 

emergencies (such as to expedite 

measures required to ensure human 

health and safety) (50 CFR § 402.05). 

Emergency consultation procedures 

allow action agencies to incorporate 

endangered species concerns into their 

actions during the response to an 

emergency. If a Federal agency must 

take emergency action that may affect a 

listed species or critical habitat, the 

agency would contact the Service to 

identify measures to minimize the 

impacts of the emergency actions that 

are feasible to implement while 

responding to the emergency. The 

Service is very sensitive to the need to 

allow response efforts necessary to 

avoid imminent loss of human life or 

property. The Federal action agency 

would initiate formal consultation after 

the fact and provide necessary 

documentation to the Service for an 

after the fact biological opinion that 

documents the effects of the emergency 

response on listed species or critical 

habitat. Therefore, we do not believe 

delays due to section 7 consultation on 

flood control actions should pose a 

significant risk to human health and 

safety, and we did not exclude any areas 

from this final critical habitat 

designation on the basis of lengthy 

section 7 consultation on flood control 

actions. 

Comment 50: One commenter stated 

the proposed revised critical habitat rule 

discussion of groundwater rising in 

Subunit 1B below the Riverside 

Narrows downstream to Prado Dam was 

not entirely correct. They stated the 

Santa Ana River recharges significant 

quantities of water into the underlying 

Chino Basin that actually flows away 

from the river. The commenter 

concluded there is no cooling of Santa 

Ana River discharge from rising 

groundwater in this reach within 

Subunit 1B. Further, the commenter 

believes the Service should use updated 

information from the California 

Regional Water Quality Control Board 

(CRWQCB) since the 1995 analysis was 

completed before making any final 

critical habitat designation decisions 

about this reach of the river. 

Our Response: The commenter did 

not provide documentation to support 

the assertions cited in their comment 

letter. The best available scientific data 

we have from the CRWQCB was 

updated in February 2008, and indicate 

there is rising groundwater in this reach 

(CRWQCB 2008, p. 1–13) which 

provides cool water to the Santa Ana 

River mainstem. Surveys indicate Santa 

Ana suckers occupy this reach even 

though it may experience ebbs and 

peaks in water volume (PCE 1). 

Additionally, this area also provides a 

connective corridor to the lower portion 

of the occupied range (PCE 7). 

Therefore, we designated Subunit 1B 

below the Riverside Narrows 

downstream to Prado Dam as critical 

habitat for Santa Ana sucker in this final 

rule. 

Comment 51: One commenter 

asserted results from a recent study 

describe areas along the Big Tujunga 

Wash as unsuitable Santa Ana sucker 

habitat due to barriers that prevent 

migration. Therefore, the commenter 

requested we eliminate areas from the 

final critical habitat designation that are 

closest to the dam. Additionally, the 

commenter believes reaches above the 

Little Tujunga Wash may not contain 

perennial stream flow or pools that 

provide viable Santa Ana sucker habitat 

and should, therefore, be eliminated 

from the final critical habitat 

designation. 

Our Response: The commenter 

submitted habitat suitability survey 

results for all life stages of Santa Ana 

suckers. The survey results indicate that 

the habitat throughout the Wash 

primarily has a ‘‘good’’ score, while very 

few locations have a ‘‘poor’’ score. 

Habitat scores correspond to a 

quantitative value assigned to each 

location after evaluating a variety of 

habitat characters that were measured in 

the main channel. Ranking was based 

on ‘‘excellent’’ corresponding to a score 

of 3–4, ‘‘good’’ corresponding to a score 

of 2–3, ‘‘fair’’ corresponding to a score of 

1–2, and ‘‘poor’’ corresponding to a score 

of 0–1 (LACDPW 2009, Google Earth 

kmz file). This habitat suitability report 

contains the best scientific data 

available that are known to us at this 

time. Based on these data, we believe 

the areas designated as critical habitat in 

this final rule are consistent with the 

report conclusions. We agree that 

portions of the wash may be dewatered 

during certain periods throughout the 

year. However, these areas contain PCEs 

(1–7) and we found them to contain the 

physical and biological features 

essential to the conservation of the 

species. Therefore, we are designating 

critical habitat in this final rule 

throughout Big Tujunga Wash (Unit 3), 

including the area near the confluence 

with Little Tujunga Wash. 

Comment 52: Three commenters 

stated that the Service should focus on 

recovery actions and partnership efforts 

to recover the Santa Ana sucker instead 

of critical habitat designation. 

Our Response: We consider the 

partnerships and recovery actions that 

have been and will be achieved through 

our coordinated efforts with partners in 

all three watersheds to be of the utmost 

importance. We believe that coordinated 

efforts through partnerships are 

essential for conservation of listed 

species. We look forward to continuing 

and creating new partnerships with the 

many stakeholders and water users in 

the three watersheds where Santa Ana 

sucker is listed. Additionally, we plan 

to initiate development of a draft 

recovery plan in 2011, and will seek the 

involvement and participation of our 

partners and stakeholders. 

Comment 53: One commenter stated 

that we are required to submit an 

Environmental Impact Statement 

according to National Environmental 

Policy Act (NEPA) requirements for 

‘‘major’’ Federal actions. 

Our Response: It is our position that, 

outside the jurisdiction of the U.S. Court 

of Appeals for the Tenth Circuit, we do 

not need to prepare environmental 

analyses as defined by NEPA (42 U.S.C. 

4321 et seq.) in connection with 

designating critical habitat under the 

Act. Please see the National 

Environmental Policy Act (NEPA) (42 

U.S.C. 4321 et. seq.) section below. 


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Comment 54: Two commenters 

requested an exclusion of the West Fork 

of the San Gabriel River from Cogswell 

Dam to the San Gabriel Reservoir. They 

stated that this area is covered under the 

Long-Term Management Plan West Fork 

San Gabriel River (1989), which is 

signed by the USFS, CDFG, Los Angeles 

Department of Public Works, Angeles 

National Forest, California Trout, Inc., 

San Gabriel Basin Watermaster, San 

Gabriel Protective Association, and San 

Gabriel Water Committee. They state 

that the plan provides a benefit to Santa 

Ana sucker and its designated critical 

habitat through implementation of the 

plan for wild trout and non-game fishes. 

Our Response: The Long-Term 

Management Plan West Fork San 

Gabriel River (USFS et al. 1989, pp. 1– 

22) does not contain specific 

management actions that address Santa 

Ana sucker. Furthermore, it only 

provides considerations for flow 

releases from Cogswell Dam, which 

address the risk of fishes being flushed 

downstream during high flow events. 

The plan offers no other conservation 

benefits that would ameliorate the 

threats in the West Fork of the San 

Gabriel River (see Critical Habitat 

Units—Unit 2: San Gabriel River and 

Special Managements Considerations or 

Protections sections). Additionally, 

Drake (1988, pp. 4–5) states that flows 

in the summer months may reach less 

than 1 cfs because all water that flows 

into the reservoir is stored behind the 

dam for water uses and the very small 

amount that may flow out is due to 

leakage dependent on the pressure of 

water stored behind the dam. Although 

the plan contains minimum stream flow 

recommendations (USFS et al. 1989, p. 

11), there is no indication that they 

must be maintained or if they have been 

evaluated for the benefit of Santa Ana 

sucker. Therefore, the flow that is most 

important in the drier, summer months 

is contributed by tributaries such as Big 

Mermaids, Canyon Creek, and Bear 

Creek and not necessarily the flow 

released from Cogswell Dam. More 

importantly, recent survey efforts 

indicate that there has been a sharp 

decrease in the density of Santa Ana 

suckers and an increase in nonnative 

predators in the West Fork of the San 

Gabriel River (Haglund and Baskin 

2002, p. 9–15; Ecorp Inc. 2007, p. 9; 

Ecorp Inc. 2010b, p. 9). This marked 

decline may indicate that there has been 

a change in fish assemblage in the West 

Fork due to changes in management or 

environmental parameters. Therefore, 

we are not excluding the West Fork of 

the San Gabriel River from the final 

critical habitat designation. We do 

encourage partnerships with land 

managers in an effort to implement 

management actions that will benefit 

Santa Ana sucker. In particular, we 

believe that the exclusion of lands may 

be warranted when they are managed 

and conserved in perpetuity for the 

benefit of listed species. The Long-Term 

Management Plan for the West Fork San 

Gabriel River (USFS et al. 1989, pp. 1– 

22) to date has not conserved lands for 

the benefit of Santa Ana sucker. We 

appreciate and recognize the 

management efforts of the participants 

of the Long-Term Management Plan for 

the West Fork San Gabriel River (USFS 

et al. 1989, pp. 1–22) and we look 

forward to working with them on 

recovery efforts in the future. 

Comments Related to the Draft 

Economic Analysis 

Comment 55: Several commenters 

urge the Service to fully analyze the 

economic impact of the designation, 

including all costs associated with the 

loss of local water supplies, potential 

flood damage, development, agricultural 

impacts and transportation 

infrastructure issues. In particular, these 

commenters are concerned about 

potential changes in operation and 

maintenance of Seven Oaks Dam. Other 

commenters highlight the potential for 

water supply losses. Another 

commenter states that the omission of 

the major issues affecting the region’s 

economy resulted in a report that is not 

a fair assessment of the devastating 

economic impact of including Subunit 

1A, particularly since a May 11, 2010 

report outlined in detail the economic 

impact issues that inclusion of Subunit 

1A would raise for the affected 

communities. The commenter states that 

the economic analysis sidestepped 

analysis of the major issues raised by 

the local agencies charged with 

supplying water, flood control and 

energy within the critical habitat 

designation. 

Our Response: Following receipt of 

public comments on the economic 

analysis, the FEA has been revised to 

more fully incorporate concerns about 

potential impacts of critical habitat for 

Santa Ana sucker. In particular, Chapter 

3 now more directly addresses the 

potential for critical habitat to result in 

loss of local access to water supplies 

(IEC 2010, pp. 3–1—3–25). While there 

is no history of restrictions on water 

diversion occurring for this species 

related to critical habitat, uncertainty 

exists regarding potential future 

impacts. In response to questions about 

potential Santa Ana sucker critical 

habitat impacts on water supply 

projects, the Service has identified five 

projects of concern to commenters as 

having a high probability of Santa Ana 

sucker critical habitat impacts. These 

probabilities are not specific to likely 

project modifications (i.e., a high 

probability of Santa Ana sucker critical 

habitat impacts does not necessarily 

indicate that restrictions on water access 

are likely). However, to be conservative 

(i.e., be more likely to overstate than 

understate costs), this analysis assumes 

that, under the High End Scenario, loss 

of access to local water supply will 

occur at these projects (IEC 2010, p. 3– 

3). The analysis assumes that 

replacement water will be available for 

purchase, and, as such, reductions in 

water availability for agriculture or 

development activities are not 

anticipated. To the extent that local 

water is not precluded from use for 

these projects, the analysis is likely to 

overestimate impacts under this 

scenario. In fact, we believe that the 

economic impact or incremental cost 

attributed to Subunit 1A is likely 

overstated for two reasons: (1) Projects 

outside the currently occupied range of 

Santa Ana sucker that may impact Santa 

Ana sucker in downstream occupied 

portions of the Santa Ana River would 

likely incur costs or modifications to 

projects for Santa Ana sucker 

conservation due to its status under the 

Act and the section 7 process regardless 

of the critical habitat designation in 

Subunit 1A and (2) it is highly unlikely 

that complete access to water rights 

would be restricted as a result of 

consultation as a result of the critical 

habitat designation (see Economic 

Analysis section above). 

With regard to flood control, the 

Endangered Species Act does not 

compel species conservation to 

disregard protection of human life or 

property. This applies in emergency and 

well as routine maintenance situations. 

We note that the existing Santa Ana 

sucker critical habitat designation at 

Cogswell Dam (Unit 2), has not impeded 

flood control operations to date. Though 

sediment removal projects have not 

been conducted at Cogswell Dam since 

the species was listed, sediment 

removal projects at San Gabriel 

Reservoir in the same unit have been 

allowed to move forward when seine 

netting and extensive species 

monitoring efforts were undertaken, 

even with critical habitat designated. 

Importantly, 16 USC 1536(p) allows for 

emergency actions to be taken without 

section 7 consultation in the event of an 

‘‘emergency situation which does not 

allow the ordinary procedures of this 

section to be followed.’’ As, such, 

economic impacts that potentially could 


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result from a catastrophic flood event, 

such as loss of life or property value, are 

not quantified because management 

actions to prevent catastrophic flooding 

are not expected to be precluded due to 

designation of critical habitat for Santa 

Ana sucker. 

Comment 56: One commenter states 

that several of the public water supply 

agencies affected by the designation are 

concerned because they have specific 

projects already slated for construction 

within the critical habitat area. Their 

concern is with the potential inability to 

build these projects should the Service 

decide that they are inappropriate due 

to critical habitat. The commenter states 

that ‘‘local agencies cite numerous 

instances’’ in which regulatory delay by 

the Service has caused elected officials 

to cancel projects in the belief that they 

may never be approved, though these 

projects are not specifically identified. 

The commenter states that the economic 

impact of uncertainty thus cannot 

simply be assumed away. The 

commenter also assumes that if planned 

construction projects are not built, the 

impact would be a loss of construction 

activity that is equal to the planned 

construction costs. 

Our Response: The Service has 

conducted over 30 consultations on the 

sucker in critical habitat areas, most of 

which addressed transportation, utility, 

or other instream construction projects. 

In no instance has the Service 

concluded that a proposed project was 

likely to jeopardize the continued 

existence of Santa Ana sucker or 

adversely modify the species’ 

designated critical habitat. The 

commenter does not provide 

information to support the claim of 

‘‘numerous instances’’ of projects being 

cancelled due to the belief that they 

would never be approved, and our 

section 7 consultation record for Santa 

Ana sucker does not support this 

assertion. The commenter does not 

present justification for assuming that 

funds planned to be spent on 

construction would be unusable 

following critical habitat designation. It 

is unclear why, for example, funds 

could not be spent elsewhere on other 

projects in the event that a particular 

project was not conducted. Hence, total 

construction costs are not a good 

representation of the potential impacts 

of critical habitat designation. 

Comment 57: One commenter states 

that, even if the economy recovers 

within the timeframe for the analysis, 

the next few years will have far lower 

economic activity than expected, 

particularly in the areas of development. 

As a result, assumptions about the 

discount rate for future costs and the 

time value of money need to be 

reevaluated. 

Our Response: To discount and 

annualize costs, guidance provided by 

the OMB specifies the use of a real rate 

of 7 percent. The 7 percent discount rate 

is an estimate of the average real pre-tax 

rate of return generated by private sector 

investments. Although this rate of 

return may be lower during current 

market conditions, it is not clear how 

long current market conditions will 

persist. In addition, OMB recommends 

sensitivity analysis using other discount 

rates such as 3 percent, which some 

economists believe better reflects the 

social rate of time preference. Our 

analysis adopts OMB’s existing 

guidance, presenting results using both 

the 7 and 3 percent discount rates (U.S. 

Office of Management and Budget, 

Circular A–4, September 17, 2003 and 

U.S. Office of Management and Budget, 

‘‘Draft 2003 Report to Congress on the 

Costs and Benefits of Federal 

Regulations; Notice,’’ 68 FR 5492, 

February 3, 2003). 

Comment 58: One commenter states 

that the DEA inappropriately includes 

costs associated with time delays, 

regulatory uncertainty, and stigma, but 

it does not clearly define how it 

estimates those potential costs. Another 

commenter states the opposite, that 

given the potential impact of loss of 

local water resources due to the 

inclusion of Subunit 1A in the 

expanded Santa Ana sucker critical 

habitat, and the potential inability of 

development projects to gain water 

supply certification under California’s 

20-year law, the economic cost of the 

stigma of the expanded habitat on land 

values must be considered and 

evaluated. 

Our Response: As discussed in 

Chapter 2 of the FEA, the designation of 

critical habitat may, under certain 

circumstances, affect actions that do not 

have a Federal nexus and thus are not 

subject to the provisions of section 7 

under the Act. These indirect impacts 

are those changes in economic behavior 

that may occur outside of the Act, 

through other Federal, State, or local 

actions, and that result from the 

designation of critical habitat. These 

indirect consequences, such as time 

delays, regulatory uncertainty, and 

stigma, can constitute real impacts that 

result from critical habitat designation 

and are legitimately considered as a 

category of impacts in the analysis. 

However, data are not readily available 

to quantify these impacts in this case; 

thus they are discussed qualitatively in 

the FEA. As such, any potential stigma 

impacts on land values are not 

quantified. 

Comment 59: One commenter states 

that the DEA only considers the number 

of section 7 consultations, and does not 

consider the potential for the 

designation of critical habitat to result 

in increased consultation complexity, 

costs, and time delays. 

Our Response: As shown in Exhibit 

2–4, the FEA assumes that critical 

habitat may result in additional 

administrative effort, i.e., staff time and 

costs, to address adverse modification in 

section 7 consultations. Depending on 

the type of section 7 consultation, the 

direct cost of this additional 

administrative effort for each 

consultation is expected to range from 

$405 to $9,030. As such, the analysis 

attempts to capture the increased costs 

associated with increased complexity 

associated with consultations following 

critical habitat designation. As stated in 

the FEA, both public and private 

entities may experience incremental 

time delays for projects and other 

activities due to requirements associated 

with the need to initiate the section 7 

consultation process and/or compliance 

with other laws triggered by the 

designation. While the analysis 

recognizes the potential for project 

delays to result from the critical habitat 

designation, these are not quantified in 

the FEA. 

Comment 60: One commenter states 

that the economic analysis omits one of 

the most important impacts that the 

inclusion of Unit 1 in Santa Ana sucker 

critical habitat would have on watershort southern California. The 

incremental opportunity cost of the lost 

water would represent at least a $2.9 

billion cost to the local economy over 

the 25-year planning horizon used by 

local agencies in Southern California. 

Our Response: The commenter 

identifies a number of water supply 

projects in Subunit 1A and 1B as being 

potentially threatened by this critical 

habitat designation. These projects and 

related potential effects were noted in 

the DEA. The consultant report that 

accompanies the comment assumes that 

all water projects in Unit 1 will no 

longer have access to water sources in 

critical habitat areas following critical 

habitat designation for Santa Ana 

sucker. Some of these projects are 

existing, ongoing projects, while others 

are planned future projects. The reports 

estimate that the total annual volume of 

water needing replacement, beginning 

in 2010, then applies the current cost of 

State Water Project Water, raised at a 

rate of 2.97 percent over inflation over 

a 26-year period (2010–2035), to 

estimate the longer term costs of this 

loss. The report does not discount, 

arriving at an estimated total loss of 


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$2.87 billion over 26 years. These 

estimates are described in Chapter 3 of 

the FEA (IEC 2010b, pp. 3–1—3–25). 

The Service notes that project 

modification determinations will be 

made on a project by project basis, and 

as such, the potential conservation 

requirements for future projects are 

uncertain. However, we note that water 

diversions have not been restricted as a 

consequence of past section 7 

consultations on this species, including 

consultations involving designated 

critical habitat. In response to questions 

about potential Santa Ana sucker 

critical habitat impacts on water supply 

projects, the Service has identified five 

projects as having a high probability of 

sucker critical habitat impacts. These 

probabilities are not specific to likely 

project modifications (i.e., a high 

probability of sucker critical habitat 

impacts does not necessarily indicate 

that restrictions on water access are 

likely). However, to be conservative 

(i.e., be more likely to overstate than 

understate costs), our FEA assumes that, 

under a ‘‘High End’’ scenario, loss of 

access to local water supply will occur 

at these projects. We believe the 

likelihood of substantial water supply 

restrictions, particularly with regard to 

existing projects, is low however, given 

our extensive experience in evaluating 

projects in Santa Ana sucker critical 

habitat. Thus, based on our past 

experience, the commenter’s estimate of 

costs, which appear in the FEA as part 

of the ‘‘High End’’ scenario, is likely to 

overestimate the economic impacts of 

designation because (1) projects outside 

the currently occupied range of Santa 

Ana sucker that may impact Santa Ana 

sucker in downstream occupied 

portions of the Santa Ana River would 

incur costs or modifications to projects 

for Santa Ana sucker conservation due 

to its status under the Act and the 

section 7 process regardless of the 

critical habitat designation in Subunit 

1A and (2) it is highly unlikely that 

complete access to water rights would 

be restricted as a result of consultation 

as a result of the critical habitat 

designation (see Economic Analysis 

section above). 

Comment 61: The price of water 

assumed in the calculation of water loss 

at Big Tujunga Creek appears to be held 

constant for future years. This 

methodology does not take into account 

the 2.97 percent change in prices 

beyond inflation that recent history has 

shown have been occurring. It also does 

not take into account the increases in 

local water prices that would occur if 

access to local water is cutoff in the 

proposed expanded habitat designation 

for Santa Ana sucker. Allowance for 

these facts must be taken into account 

in any and all forecasts of the 

opportunity cost of lost local water. 

Given that the entire issue of the 

proposed habitat designation is 

essentially about water usage, it is 

impossible to accept an economic 

analysis that omits the price 

implications of such an action. 

Our Response: We agree that the real 

price of water is likely to increase over 

time, and have revised the cost 

estimates for replacement water at Big 

Tujunga Creek according to the 

commenter’s suggested rate increase of 

2.97 percent annually. The analysis now 

also points out that, should a large 

volume of replacement water be 

required as a result of critical habitat 

designation, this could exacerbate the 

increase in the local cost of water. 

Comment 62: One commenter notes 

that incremental impacts for water 

management activities are overestimated. In particular, the commenter 

states that agencies are already 

undertaking biological monitoring or 

paying into a collective fund for 

purposes of Santa Ana sucker 

monitoring. These costs would therefore 

be incurred even absent critical habitat. 

Our Response: The FEA 

acknowledges in Section 3.3.2 that 

various flood control and water districts 

already undertake biological monitoring 

for Santa Ana sucker (IEC 2010b, pp. 3– 

19–3–20). Costs associated with 

currently ongoing monitoring activities 

are attributed to the baseline. However, 

several stakeholders identified the 

potential for critical habitat to result in 

monitoring for work undertaken outside 

of the wetted channel, where it would 

not be required absent critical habitat. 

Only monitoring costs for work outside 

of the wetted channel are considered 

incremental. 

Comment 63: Several commenters 

state that the DEA fails to consider 

operational constraints on flood control 

operations that may be imposed as a 

consequence of the designation of 

critical habitat for Santa Ana sucker, 

and resulting consequences for flood 

control. One commenter believes that 

the designation of critical habitat in 

Subunit 1A would lead to a 

modification of the discharge regime for 

the dam that is contrary to the flood 

management needs of the river system. 

The commenter states that major issues 

include several billions of dollars of 

impact from potentially barring access 

to local sources of water and the 

potential that after Congress authorized 

investment of over $1 billion in Seven 

Oaks Dam, the facility potentially will 

not be able to be used, as designed, for 

flood control. The commenter states that 

critical habitat designation would 

override the will of Congress and leave 

economic assets like Disneyland and 

Anaheim Stadium unprotected from 

potential devastation in a 100 year 

flood. 

Our Response: With regard to flood 

control, the Endangered Species Act 

does not compel species conservation to 

disregard protection of human life or 

property. This applies in emergency as 

well as routine maintenance situations. 

We note that the existing Santa Ana 

sucker critical habitat designation at 

Cogswell Dam (Unit 2), has not impeded 

flood control operations to date. Though 

sediment removal projects have not 

been conducted at Cogswell Dam since 

the species was listed, sediment 

removal projects at San Gabriel 

Reservoir in the same unit have been 

allowed to move forward when seine 

netting and extensive species 

monitoring efforts were undertaken, 

even with critical habitat designated. 

Importantly, 16 U.S.C. 1536(p) allows 

for emergency actions to be taken 

without section 7 consultation in the 

event of an ‘‘emergency situation which 

does not allow the ordinary procedures 

of this section to be followed.’’ As such, 

economic impacts that potentially could 

result from a catastrophic flood event, 

such as loss of life or property value, are 

not quantified because management 

actions to prevent catastrophic flooding 

are not expected to be precluded due to 

designation of critical habitat for Santa 

Ana sucker. 

Comment 64: Two public comments 

expressed concern that if critical habitat 

affects managers’ ability to clean out 

sediment from behind Cogswell Dam 

that (1) the dam could need to be 

decommissioned, resulting in 

decommissioning costs of $20 million; 

(2) the loss of water storage in the basin, 

which is required to be 50,000 acre-feet 

in the three reservoirs in the Upper San 

Gabriel Canyon, would be reduced, 

increasing the likelihood of catastrophic 

flood damages of $2.3 billion; and (3) 

lost storage would lead to reductions in 

water supply in the region of 11,136 

acre-feet per year, with a value of 

approximately $7.3 million. 

Our Response: Our past experience at 

Cogswell Dam does not support the 

commenter’s claim that water managers 

will be unable remove sediment at 

Cogswell Dam following critical habitat 

designation for Santa Ana sucker. As 

stated in the comments, the agency ‘‘was 

able to conduct a cleanout project in 

San Gabriel Reservoir between 2004 

through 2006, utilizing areas in the 

upper reaches of the reservoir where 

critical habitat for the Santa Ana Sucker 

had been designated.’’ As such, reservoir 


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cleanout has occurred in the recent past 

in Unit 2 while Santa Ana sucker has 

been present and critical habitat was 

designated. While conservation efforts 

were requested and undertaken, 

cleanout activities at the San Gabriel 

Reservoir were not precluded, and we 

have no basis to assume such activities 

would be precluded in the future. The 

FEA now includes substantial 

additional detail on the potential project 

modification costs at Cogswell Dam that 

was supplied by public commenters. 

While it is conceivable that a future 

consultation on operations at Cogswell 

Dam could result in recommendations 

for alternative operations scenarios, the 

commenter’s assumptions about the 

outcome and economic impacts of such 

a future consultation are speculative 

and contrary to our past consultation 

record. 

Comment 65: One commenter states 

that the effect of critical habitat on 

Southern California Edison hydropower 

operations from potential exposure to 

take, possible curtailment of water 

supply, water supply operations, and 

regulatory uncertainty have not been 

addressed in the economic analysis. 

Our Response: As stated in Chapter 3 

of the FEA, the Service has stated that 

potential project modifications resulting 

from future section 7 consultations 

involving Santa Ana sucker critical 

habitat will be made on a project by 

project basis, and as such, potential 

conservation requirements for future 

projects are uncertain. The analysis 

notes that there is no history of 

restrictions on water diversion 

occurring for this species related to 

critical habitat. In response to questions 

about potential Santa Ana sucker 

critical habitat impacts on water supply 

projects, we identified projects 

identified by commenters as having a 

high probability of Santa Ana sucker 

critical habitat impacts. Southern 

California Edison (SCE) facilities are not 

among these projects. As such, it 

appears that modifications of SCE 

facility water operations or a 

curtailment of water supplies available 

to such facilities related to critical 

habitat designation are not likely. 

Recognizing that regulatory uncertainty 

can affect behavior, the FEA includes 

the estimated costs provided by the 

commenter of a potential $6 million fish 

screen for Santa Ana sucker at these 

facilities as part of the calculated 

incremental conservation costs for Santa 

Ana sucker critical habitat even though 

the structure is above Seven Oaks Dam 

and outside the final critical habitat 

designation. The cost of the fish screen 

was assumed because of potential 

reintroduction of Santa Ana sucker near 

the location of SCE facilities. This area 

has been removed from the critical 

habitat designation and we are not 

currently designating any critical habitat 

solely for reintroduction purposes. 

Accordingly, incremental costs to 

Subunit 1A have been reduced and are 

reported in the memorandum to the 

FEA (IEC 2010c, p. 5). We point out, 

however, that a species may be 

reintroduced into an area whether or not 

the area is designated as critical habitat 

and that measures to reduce the impacts 

of take of a listed species may occur 

under section 7 or section 10 of the Act 

whether or not an area is designated as 

critical habitat. Thus take minimization 

costs, such as the costs of a fish screen, 

are not appropriately attributed to 

critical habitat designation. 

In addition, as discussed in Appendix 

A of the FEA, the analysis investigates 

whether impacts to hydropower 

production facilities, should they occur, 

would constitute a significant adverse 

effect under Executive Order No. 13211, 

‘‘Actions Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use.’’ The recent average 

gross generation for potentially affected 

SCE facilities is approximately 25.6 

million kilowatts hours on an annual 

basis. This level of production 

represents the total amount of energy 

production that could be incrementally 

affected by critical habitat designation, 

and is well below the 1 billion 

kilowatts-hours threshold identified in 

Executive Order No. 13211. As stated 

above, modifications of SCE facility 

water operations or a curtailment of 

water supplies available to such 

facilities related to critical habitat 

designation are not likely (see response 

to Comment 26 above). However, we 

recognize that critical habitat adds an 

element of regulatory uncertainty to 

SCE’s planning efforts, and does have 

the potential to affect its behavior. Even 

so, it appears that the energy industry is 

unlikely to experience a significant 

adverse effect as a result of the critical 

habitat designation for Santa Ana sucker 

even if these facilities were to undertake 

conservation efforts for the sucker that 

affect hydropower production. 

Comment 66: One commenter states 

that the economic analysis does not 

even mention the cost of lost housing, 

industrial, office and retail development 

that would occur due to the interaction 

between the loss of local water, 

California’s 20-year water for 

development certification law, and the 

lack of availability of State Water project 

water. If local agencies cannot tap their 

local water supply, and cannot obtain 

water through the State Water Project, 

this would mean shutting off 

population, household and employment 

growth for the area expected to 

accommodate most of Southern 

California’s expansion. 

Our Response: The FEA 

acknowledges the commenter’s concern 

that water in southern California is 

limited. In addition, the existing 

requirement for new developments to 

provide certification of 20-year water 

supply may restrict development in 

general. It is entirely speculative to 

conclude that critical habitat will result 

in a reduced availability of water for 

development purposes. In quantifying 

potential impacts, the FEA assumes, as 

does the commenter’s own analysis, that 

in the case that water access is limited 

due to critical habitat designation, 

replacement water will be available for 

purchase, at an increasing rate over 

time. As such, development impacts are 

not expected as a result of the critical 

habitat designation for Santa Ana sucker 

related to water access restraints. The 

FEA acknowledges that if Santa Ana 

sucker critical habitat restricts water 

access, the cost of water is likely to 

increase. 

Comment 67: One commenter 

believes that the DEA overestimated 

potential impacts to development 

because it forecasts impacts to 

construction within the floodplain. 

Because construction in the floodplain 

is a safety risk, the commenter argues 

that these projects would not go 

forward, and therefore would not incur 

any associated impacts. 

Our Response: Chapter 4 of the FEA 

presents a range of possible impacts to 

development (IEC 2010b, pp. 4–1–4–14). 

The low-end estimate assumes that 

developable acres that fall within the 

100-year floodplain will not be 

developed in the foreseeable future. 

Because of development pressures in 

southern California, the high-end 

scenario does forecast that some 

development may occur on acres 

identified as potentially developable 

within the 100-year floodplain, but 

notes that this assumption likely results 

in an overestimate of costs due to 

development impacts. 

Comment 68: One commenter states 

that the current economic situation may 

result in decreased future development. 

This decreased development may limit 

the funding available for conservation 

efforts under the Western Riverside 

County MSHCP. Therefore, the DEA 

should reassess the likelihood that these 

measures will be implemented and 

whether funds will be available to carry 

them out. 

Our Response: As discussed in 

Section 4.6, the FEA assumes that 

development projects undertake 


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conservation efforts for Santa Ana 

sucker similar to those outlined under 

the Western Riverside County MSHCP. 

It assumes that the costs of these 

measures are borne by developers or 

landowners, not paid for out of any 

established conservation fund (IEC 

2010b, pp. 4–9–4–11). 

Exhibit 4–3 acknowledges that 

preliminary socioeconomic forecasts 

suggest that population growth may be 

somewhat slower than the forecasts 

used in the analysis (IEC 2010b, p. 4– 

4). To the extent that slower population 

growth results in fewer housing units 

being constructed, impacts may be 

overstated. A caveat to this effect has 

been added to section 4.9 of the FEA. 

Comment 69: One commenter notes 

that two transportation projects do not 

have a projected construction date 

within the time frame of the analysis, 

and should therefore be excluded. 

Our Response: As discussed in 

Section 5.3.1 of the FEA, Caltrans 

provided GIS data identifying planned 

transportation projects within the next 

15 years, which falls within the analytic 

time frame for the FEA (IEC 2010b, p. 

5–3). While anticipated construction 

dates were not available for Corridor 

Mobility Improvement Account 

projects, the analysis assumes that the 

projects will go forward within the next 

15 years based on the time frame of 

Caltrans’ GIS data. Therefore, it is 

appropriate to include potential impacts 

associated with these projects in the 

economic analysis. 

Comment 70: One commenter is 

concerned that the designation may 

slow down the approval process for the 

Upper Santa Ana River Wash Land 

Management Plan (Plan B). The 

commenter believes that these delays 

may impact its business and 

employment at its quarry. 

Our Response: The Service identified 

Upper Santa Ana River Wash Habitat 

Conservation Plan as likely to undergo 

consultation in the near future. Section 

7.3.4 of the FEA discusses this plan and 

forecasts that it will undergo 

consultation in 2011 (IEC 2010b, pp. 7– 

9–7–11). As discussed in Section 6.5, 

the FEA does not quantify any impacts 

to sand and gravel mining operations. 

The commenter’s sand and gravel 

operations are located outside of critical 

habitat areas, and therefore are not 

anticipated to be affected by the 

proposed designation. 

Comment 71: One commenter notes 

that the total cost of the upcoming 

consultation on the Upper Santa Ana 

River Wash Habitat Conservation Plan is 

incorrectly attributed solely to the 

designation of critical habitat. 

Our Response: As shown in Exhibit 

7–11 of the FEA, administrative costs 

associated with this consultation are not 

attributed solely to the designation of 

critical habitat (IEC 2010b, p. 7–11). 

Only the portion of administrative effort 

associated with considering adverse 

modification for this consultation is 

considered an incremental impact. The 

remainder of administrative costs is 

attributed to the baseline scenario, and 

would be assumed to occur even absent 

the designation of critical habitat. 

Comment 72: One commenter states 

that the DEA fails to include 

consideration of all the benefits 

resulting from the designation, such as 

the improvements in water quality and 

quantity, increases in property value, 

aesthetic benefits, preservation of native 

habitat for other species, and 

maintaining contiguous riparian and 

adjacent upland habitat for other 

species. The commenter asserts that 

these benefits should be assessed and 

quantified where possible or otherwise 

included in a detailed qualitative 

analysis. 

Our Response: As described in 

Chapter 8 of the FEA, the purpose of 

critical habitat is to support the 

conservation of Santa Ana sucker. The 

data required to estimate and value in 

monetary terms the incremental changes 

in the probability of conservation 

resulting from the designation are not 

available. Depending on the project 

modifications ultimately implemented 

as a result of the regulation, other 

ancillary benefits that are not the stated 

objective of critical habitat (such as 

increased property values due to 

increases in water quality or preserving 

habitat for other non-listed species) may 

occur. These benefits are discussed 

qualitatively in Chapter 8 of the FEA. 

Required Determinations 

Regulatory Planning and Review— 

Executive Order 12866 

The Office of Management and Budget 

(OMB) has determined that this rule is 

not significant and has not reviewed 

this final rule under Executive Order 

12866 (E.O. 12866). OMB bases its 

determination upon the following four 

criteria: 

1. Whether the rule will have an 

annual effect of $100 million or more on 

the economy or adversely affect an 

economic sector, productivity, jobs, the 

environment, or other units of the 

government. 

2. Whether the rule will create 

inconsistencies with other Federal 

agencies’ actions. 

3. Whether the rule will materially 

affect entitlements, grants, user fees, 

loan programs, or the rights and 

obligations of their recipients. 

4. Whether the rule raises novel legal 

or policy issues. 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) 

Under the Regulatory Flexibility Act 

(RFA; 5 U.S.C. 601 et seq.), as amended 

by the Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 (5 U.S.C. 801 et seq.), whenever an 

agency 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 (small 

businesses, small organizations, and 

small government jurisdictions), as 

described below. 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 RFA to 

require Federal agencies to provide a 

certification statement of the factual 

basis for certifying that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

In this final rule, we are certifying that 

the critical habitat designation for Santa 

Ana sucker will not have a significant 

economic impact on a substantial 

number of small entities. The following 

discussion explains our rationale. 

According to the Small Business 

Administration, small entities include 

small organizations, such as 

independent nonprofit organizations; 

small governmental jurisdictions, 

including school boards and city and 

town governments that serve fewer than 

50,000 residents; and small businesses 

(13 CFR 121.201). Small businesses 

include manufacturing and mining 

concerns with fewer than 500 

employees, wholesale trade entities 

with fewer than 100 employees, retail 

and service businesses with less than $5 

million in annual sales, general and 

heavy construction businesses with less 

than $27.5 million in annual business, 

special trade contractors doing less than 

$11.5 million in annual business, and 

agricultural businesses with annual 

sales less than $750,000. To determine 

if potential economic impacts to these 

small entities are significant, we 

considered the types of activities that 

might trigger regulatory impacts under 

this rule, as well as types of project 

modifications that may result. In 

general, the term ‘‘significant economic 

impact’’ is meant to apply to a typical 

small business firm’s business 

operations. 


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To determine if the revised 

designation of critical habitat for Santa 

Ana sucker would significantly affect a 

substantial number of small entities, we 

consider the number of small entities 

affected within particular types of 

economic activities, such as residential 

and commercial development. We apply 

the ‘‘substantial number’’ test 

individually to each industry to 

determine if certification is appropriate. 

However, the SBREFA does not 

explicitly define ‘‘substantial number’’ 

or ‘‘significant economic impact.’’ 

Consequently, to assess whether a 

‘‘substantial number’’ of small entities is 

affected by this designation, this 

analysis considers the relative number 

of small entities likely to be impacted in 

an area. In some circumstances, 

especially with critical habitat 

designations of limited extent, we may 

aggregate across all industries and 

consider whether the total number of 

small entities affected is substantial. In 

estimating the number of small entities 

potentially affected, we also consider 

whether their activities have any 

Federal involvement. 

Designation of critical habitat only 

affects activities authorized, funded, or 

carried out 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 Santa Ana 

sucker is present, Federal agencies 

already are required to consult with us 

under section 7 of the Act on activities 

they authorize, fund, or carry out that 

may affect the species. Federal agencies 

also must consult with us if their 

activities may affect critical habitat. 

Designation of critical habitat, therefore, 

could result in an additional economic 

impact on small entities due to the 

requirement to reinitiate consultation 

for ongoing Federal activities (see 

Application of the ‘‘Adverse 

Modification’’ Standard section above). 

In our final economic analysis (FEA) 

of the critical habitat designation, we 

evaluated the potential economic effects 

on small business entities resulting from 

implementation of conservation actions 

related to the revised designation of 

critical habitat for Santa Ana sucker. 

The analysis is based on the estimated 

impacts associated with the rulemaking 

as described in chapters 3 through 7 of 

the analysis and evaluates the potential 

for economic impacts related to: Water 

management, commercial and 

residential development; and 

transportation activities (IEC 2010b, p. 

A–2). The FEA indicates that the 

incremental impacts for water 

management activities are to be borne 

by city and county government 

jurisdictions. None of the government 

jurisdictions are considered small 

entities under the RFA (IEC 2010b, p. 

A–3). The incremental impacts for 

transportation projects are to be borne 

by State and Federal agencies such as 

the California Department of 

Transportation and the Federal Highway 

Administration, which are not 

considered small entities under the RFA 

(IEC 2010, p. A–2). The FEA only 

identifies only those small businesses 

associated with the development 

industry as potentially affected by the 

designation of critical habitat. The 

potential incremental conservation 

efforts associated with the development 

industry range from $96,100 to $306,000 

on an annualized basis, with additional 

administrative costs to third parties 

associated with consultation under 

section 7 of the Act of $1,310 to $4,540 

on an annualized basis for a total of 

$97,410 to $310,540 (IEC 2010b, p. A– 

7). The FEA estimates that 67 small 

entities, with estimated revenue of $2.8 

million per entity, may be affected by 

the designation. The total estimated 

High End annualized incremental 

economic impact to these 67 small 

entities is approximately $310,000. If all 

impacts are distributed equally across 

all entities, this would equate to a 0.16 

percent impact to each entity’s annual 

revenues (IEC 2010b, p. A–4). As stated 

above, the memorandum to the FEA 

estimated a reduction 3 development 

projects due to the changes from the 

proposed to the final revised critical 

habitat designation, thus reducing the 

potentially affected small entities to 64. 

These 64 small entities are anticipated 

to bear total annualized impacts of 

$53,500 to $266,000. Assuming annual 

revenues of $2.8 million per small entity 

and that impacts are shared equally 

among entities, we estimate that 

annualized impacts may represent 

approximately 0.15 percent of annual 

revenues for each of these 64 entities. 

This assumption is likely to overstate 

the actual impacts to small development 

firms because it is calculated using the 

high-end estimates and some or all of 

the costs of conservation for Santa Ana 

sucker to development firms may 

ultimately be borne by current 

landowners in the form of reduced land 

values. Many of these landowners may 

be individuals or families that are not 

legally considered to be businesses. No 

NAICS code exists for landowners, and 

the SBA does not provide a definition 

of a small landowner (IEC 2010b, p. A– 

2; IEC 2010c, p. 7). Please refer to our 

FEA and memorandum to the FEA of 

critical habitat designation for Santa 

Ana sucker for a more detailed 

discussion of potential economic 

impacts. 

In summary, we considered whether 

this designation would result in a 

significant economic effect on a 

substantial number of small entities. 

The total number of small businesses 

impacted annually by the designation is 

estimated to be 64, with total 

anticipated annualized impacts of 

approximately of $53,500 to $266,000. 

This impact is approximately 0.15 

percent of the total incremental impact 

identified for development activities 

and may be an overestimate of the 

impacts considering that not all 

developers will be small and that some 

of these costs may be passed on to 

landowners. To evaluate whether this 

final rule will result in a significant 

effect on a substantial number of small 

business entities, we first determined 

whether the regulation will likely affect 

a substantial number of entities. 

Guidance from the Small Business 

Administration (SBA) indicates that if 

‘‘more than just a few’’ small business 

entities in a given sector are affected by 

a regulation, then a substantial number 

of entities may be affected. ‘‘More than 

just a few’’ is not defined, and SBA 

suggests that a case-by-case evaluation 

be done. The memorandum to the FEA 

prepared for the final designation of 

critical habitat for the Santa Ana sucker 

predicts that 64 out of 24,800 small 

business entities in the residential and 

commercial development sector may be 

affected by the rule. Adopting a 

conservative approach in our analysis, 

we conclude that 64 entities equate to 

‘‘more than just a few’’ small entities 

and, therefore, a substantial number of 

small business entities may be affected 

by the rule. 

Next, we determined if the final 

revised designation of critical habitat 

would result in a significant economic 

effect on those 64 small business 

entities. There is no specific guidance 

under the RFA as to what constitutes a 

significant effect or at what scale the 

effect is measured—nationally or 

regionally. In implementing the RFA, 

the Service evaluates potential effects 

on a regional or local scale which, in 

most instances, results in a more 

conservative analysis. For the final 

revised critical habitat rule the Service 

relied on a threshold of 3 percent of 

annual revenues to evaluate whether the 

potential economic impacts of the 

designation on small business entities in 

the residential and commercial 

development sector may be significant. 

The FEA estimates that the annualized 

impacts of the final revised rule on the 

64 potentially affected entities would be 

of 0.15 percent of their annual sales 


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revenue. Based on the above reasoning 

and currently available information, we 

concluded this rule would not result in 

a significant economic impact on a 

substantial number of small entities for 

water management activities, 

transportation activities, or commercial 

or residential development as identified 

in the FEA (IEC 2010b, pp. A–1—A–8). 

Therefore, we are certifying that the 

designation of critical habitat for Santa 

Ana sucker will not have a significant 

economic impact on a substantial 

number of small entities, and a 

regulatory flexibility analysis is not 

required. 

Energy Supply, Distribution, or Use— 

Executive Order 13211 

On May 18, 2001, the President issued 

Executive Order 13211 (E.O. 13211; 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’) on regulations that 

significantly affect energy supply, 

distribution, and use. E.O. 13211 

requires agencies to prepare Statements 

of Energy Effects when undertaking 

certain actions. OMB has provided 

guidance for implementing this 

Executive Order that outlines nine 

outcomes that may constitute ‘‘a 

significant adverse effect’’ when 

compared to not taking the regulatory 

action under consideration. The 

economic analysis finds that none of 

these criteria are relevant to this 

analysis. Thus, based on information in 

the economic analysis, energy-related 

impacts associated with Santa Ana 

sucker conservation activities within 

critical habitat are not expected. As 

such, the designation of critical habitat 

is not expected to significantly affect 

energy supplies, distribution, or use. 

Therefore, this action is not a significant 

energy action, and no Statement of 

Energy Effects is required. 

Unfunded Mandates Reform Act (2 

U.S.C. 1501 et seq.) 

In accordance with the Unfunded 

Mandates Reform Act (2 U.S.C. 1501 et 

seq.), we make the following findings: 

1. This rule will not produce a 

Federal mandate. In general, a Federal 

mandate is a provision in legislation, 

statute, or regulation that would impose 

an enforceable duty upon State, local, or 

Tribal governments, or the private 

sector, and includes both ‘‘Federal 

intergovernmental mandates’’ and 

‘‘Federal private sector mandates.’’ 

These terms are defined in 2 U.S.C. 

658(5)–(7). ‘‘Federal intergovernmental 

mandate’’ includes a regulation that 

‘‘would impose an enforceable duty 

upon State, local, or [T]ribal 

governments,’’ with two exceptions. It 

excludes ‘‘a condition of Federal 

assistance.’’ It also excludes ‘‘a duty 

arising from participation in a voluntary 

Federal program,’’ unless the regulation 

‘‘relates to a then-existing Federal 

program under which $500,000,000 or 

more is provided annually to State, 

local, and [T]ribal governments under 

entitlement authority,’’ if the provision 

would ‘‘increase the stringency of 

conditions of assistance’’ or ‘‘place caps 

upon, or otherwise decrease, the Federal 

Government’s responsibility to provide 

funding,’’ and the State, local, or Tribal 

governments ‘‘lack authority’’ to adjust 

accordingly. At the time of enactment, 

these entitlement programs were: 

Medicaid; AFDC work programs; Child 

Nutrition; Food Stamps; Social Services 

Block Grants; Vocational Rehabilitation 

State Grants; Foster Care, Adoption 

Assistance, and Independent Living; 

Family Support Welfare Services; and 

Child Support Enforcement. ‘‘Federal 

private sector mandate’’ includes a 

regulation that ‘‘would impose an 

enforceable duty upon the private 

sector, except (i) a condition of Federal 

assistance or (ii) a duty arising from 

participation in a voluntary Federal 

program.’’ 

The designation of critical habitat 

does not impose a legally binding duty 

on non-Federal Government entities or 

private parties. Under the Act, the only 

regulatory effect is that Federal agencies 

must ensure that their actions do not 

destroy or adversely modify critical 

habitat under section 7. While nonFederal entities that receive Federal 

funding, assistance, or permits, or 

otherwise require approval or 

authorization from a Federal agency for 

an action may be indirectly impacted by 

the designation of critical habitat, the 

legally binding duty to avoid 

destruction or adverse modification of 

critical habitat rests squarely on the 

Federal agency. Furthermore, to the 

extent that non-Federal entities are 

indirectly impacted because they 

receive Federal assistance or participate 

in a voluntary Federal aid program, the 

Unfunded Mandates Reform Act would 

not apply, nor would critical habitat 

shift the costs of the large entitlement 

programs listed above onto State 

governments. 

2. As discussed in the FEA of the 

revised designation of critical habitat for 

Santa Ana sucker, we do not believe 

that this rule would significantly or 

uniquely affect small governments 

because it would not produce a Federal 

mandate of $100 million or greater in 

any year; that is, it is not a ‘‘significant 

regulatory action’’ under the Unfunded 

Mandates Reform Act. The FEA 

concludes incremental impacts may 

occur due to administrative costs of 

section 7 consultations for water 

management and development; 

however, these are not expected to affect 

small governments. Incremental impacts 

stemming from various species 

conservation and development control 

activities are expected to be borne by 

the Federal Government; California 

Department of Transportation; Cities of 

Colton, Highland, and Riverside; 

Counties of Los Angeles, Orange, San 

Bernardino and Riverside; Riverside 

County Flood Control and Water 

Conservation District, San Bernardino 

Valley Municipal Water District, San 

Bernardino County Flood Control 

District, Orange County Flood Control 

District, and Metropolitan Water District 

which are not considered small 

governments. Consequently, we do not 

believe that the revised critical habitat 

designation would significantly or 

uniquely affect small government 

entities. As such, a Small Government 

Agency Plan is not required. 

Takings—Executive Order 12630 

In accordance with E.O. 12630 

(Government Actions and Interference 

with Constitutionally Protected Private 

Property Rights), we have analyzed the 

potential takings implications of 

designating critical habitat for Santa 

Ana sucker in a takings implications 

assessment. Critical habitat designation 

does not affect landowner actions that 

do not require Federal funding or 

permits, nor does it preclude 

development of habitat conservation 

programs or issuance of incidental take 

permits to permit actions that do require 

Federal funding or permits to go 

forward. The takings implications 

assessment concludes that this 

designation of critical habitat for Santa 

Ana sucker does not pose significant 

takings implications for lands within or 

affected by the designation. 

Federalism—Executive Order 13132 

In accordance with E.O. 13132 

(Federalism), this rule does not have 

significant Federalism effects. A 

Federalism assessment is not required. 

In keeping with Department of the 

Interior and Department of Commerce 

policy, we requested information from, 

and coordinated development of this 

critical habitat designation with, 

appropriate State resource agencies in 

California. We received comments from 

one State agency and have addressed 

them in the Response to Comments 

section of the rule. The designation may 

have some benefit to these governments 

because the areas that contain the 

features essential to the conservation of 

the species are more clearly defined, 


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and the physical and biological features 

of the habitat necessary to the 

conservation of the species are 

specifically identified. This information 

does not alter where and what Federally 

sponsored activities may occur. 

However, it may assist these local 

governments in long-range planning 

(because these local governments no 

longer have to wait for case-by-case 

section 7 consultations to occur). 

Where State and local governments 

require approval or authorization from a 

Federal agency for actions that may 

affect critical habitat, consultation 

under section 7(a)(2) would be required. 

While non-Federal entities that receive 

Federal funding, assistance, or permits, 

or that otherwise require approval or 

authorization from a Federal agency for 

an action, may be indirectly impacted 

by the designation of critical habitat, the 

legally binding duty to avoid 

destruction or adverse modification of 

critical habitat rests squarely on the 

Federal agency. 

Civil Justice Reform—Executive Order 

12988 

In accordance with E.O. 12988 (Civil 

Justice Reform), the regulation meets the 

applicable standards set forth in 

sections 3(a) and 3(b)(2) of the Order. 

We are designating critical habitat in 

accordance with the provisions of the 

Act. This final rule uses standard 

property descriptions and identifies the 

physical and biological features 

essential to the conservation of the 

species within the designated areas to 

assist the public in understanding the 

habitat needs of Santa Ana sucker. 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.) 

This rule does not contain any new 

collections of information that require 

approval by OMB under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). This rule will not impose 

recordkeeping or reporting requirements 

on State or local governments, 

individuals, businesses, or 

organizations. An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

National Environmental Policy Act 

(NEPA) (42 U.S.C. 4321 et seq.) 

It is our position that, outside the 

jurisdiction of the U.S. Court of Appeals 

for the Tenth Circuit, we do not need to 

prepare environmental analyses as 

defined by NEPA (42 U.S.C. 4321 et 

seq.) in connection with designating 

critical habitat under the Act. We 

published a notice outlining our reasons 

for this determination in the Federal 

Register on October 25, 1983 (48 FR 

49244). This position was upheld by the 

U.S. Court of Appeals for the Ninth 

Circuit (Douglas County v. Babbitt, 48 

F.3d 1495 (9th Cir. 1995), cert. denied 

516 U.S. 1042 (1996)). 

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), E.O. 

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. In 

accordance with Secretarial Order 3206 

of June 5, 1997, ‘‘American Indian Tribal 

Rights, Federal-Tribal Trust 

Responsibilities, and the Endangered 

Species Act,’’ we readily acknowledge 

our responsibilities to work directly 

with Tribes in developing programs for 

healthy ecosystems, to acknowledge that 

Tribal lands are not subject to the same 

controls as Federal public lands, to 

remain sensitive to Indian culture, and 

to make information available to Tribes. 

We determined that there are no Tribal 

lands occupied at the time of listing that 

contain the features essential for the 

conservation, and no unoccupied Tribal 

lands that are essential for the 

conservation of Santa Ana sucker. 

Therefore, we are not designating 

critical habitat for Santa Ana sucker on 

Tribal lands. 

References Cited 

A complete list of all references cited 

is available on the Internet at http:// 

wwww.regulations.gov and upon request 

from the Carlsbad Fish and Wildlife 

Office (see FOR FURTHER INFORMATION

CONTACT). 

Authors 

The primary authors of this 

rulemaking are the staff members of the 

Carlsbad Fish and Wildlife Office. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

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 § 17.95(e), revise the entry for 

‘‘Santa Ana sucker (Catostomus 

santaanae)’’ to read as follows: 

§ 17.95 Critical habitat—fish and wildlife. 

* * * * * 

(e) Fishes. 

* * * * * 

Santa Ana sucker (Catostomus 

santaanae) 

(1) Critical habitat units are depicted 

for Los Angeles, Orange, Riverside, and 

San Bernardino Counties, California, on 

the maps below. 

(2) Within these areas, the physical 

and biological features for the Santa Ana 

sucker are as follows: 

(i) A functioning hydrological system 

within the historical geographic range of 

Santa Ana sucker that experiences peaks 

and ebbs in the water volume (either 

naturally or regulated) that encompasses 

areas that provide or contain sources of 

water and coarse sediment necessary to 

maintain all life stages of the species, 

including adults, juveniles, larva, and 

eggs, in the riverine environment; 

(ii) Stream channel substrate 

consisting of a mosaic of loose sand, 

gravel, cobble, and boulder substrates in 

a series of riffles, runs, pools, and 

shallow sandy stream margins necessary 

to maintain various life stages of the 

species, including adults, juveniles, 

larva, and eggs, in the riverine 

environment; 

(iii) Water depths greater than 1.2 in 

(3 cm) and bottom water velocities 

greater than 0.01 ft per second (0.03 m 

per second); 

(iv) Clear or only occasionally turbid 

water; 

(v) Water temperatures less than 86 °F 

(30 °C); 

(vi) In-stream habitat that includes 

food sources (such as zooplankton, 

phytoplankton, and aquatic 

invertebrates), and associated vegetation 

such as aquatic emergent vegetation and 

adjacent riparian vegetation to provide: 

(a) Shading to reduce water temperature 

when ambient temperatures are high, (b) 

shelter during periods of high water 

velocity, and (c) protective cover from 

predators; and 

(vii) Areas within perennial stream 

courses that may be periodically 

dewatered, but that serve as connective 

corridors between occupied or 

seasonally occupied habitat and through 


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which the species may move when the 

habitat is wetted. 

(3) Critical habitat does not include 

manmade structures existing on the 

effective date of this rule and not 

containing one of more of the physical 

and biological features, such as 

buildings, aqueducts, airports, and 

roads, and the land on which such 

structures are located. 

(4) Critical habitat map units. Data 

layers defining map units were created 

using a base of U.S. Geological Survey 

7.5′ quadrangle maps. Critical habitat 

units were then mapped using Universal 

Transverse Mercator (UTM) zone 11, 

North American Datum (NAD) 1983 

coordinates. 

(5) Note: Index map of critical habitat 

units for Santa Ana sucker (Catostomus 

santaanae) follows: 

BILLING CODE 4310–55–P 


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BILLING CODE 4310–55–C 

(6) Unit 1: Santa Ana River, Orange, 

Riverside, and San Bernardino Counties, 

California. Subunit 1A: Upper Santa 

Ana River and Wash, San Bernardino 

County. 

(i) From USGS 1:24,000 quadrangles 

Forest Falls, Yucaipa, Harrison 

Mountain, Redlands, and San 

Bernardino South. Land bounded by the 

following Universal Transverse 

Mercator (UTM) Zone 11, North 

American Datum of 1983 (NAD83) 

coordinates (E, N): 476057, 3771160; 

476057, 3771361; 476067, 3771366; 

476363, 3771455; 476483, 3771473; 

477305, 3771538; 477407, 3771560; 

477571, 3771632; 477860, 3771855; 

478333, 3772242; 478402, 3772309; 

478500, 3772377; 478520, 3772416; 

478590, 3772455; 478940, 3772592; 

479868, 3772941; 480001, 3773012; 

480336, 3773247; 480371, 3773259; 

480393, 3773293; 480485, 3773372; 

480526, 3773394; 480690, 3773515; 

480864, 3773680; 480972, 3773746; 

481132, 3773944; 481165, 3774003; 

481261, 3774091; 481297, 3774141; 

481350, 3774237; 481644, 3774591; 

481673, 3774640; 481719, 3774747; 

481827, 3774915; 481925, 3775098; 

481967, 3775198; 481974, 3775245; 

481997, 3775288; 482030, 3775393; 

482069, 3775467; 482110, 3775501; 

482122, 3775547; 482158, 3775596; 

482181, 3775692; 482245, 3775830; 

482286, 3775963; 482425, 3776255; 

482435, 3776468; 482450, 3776518; 

482433, 3776544; 482427, 3776573; 

482424, 3776650; 482387, 3776807; 

482397, 3776877; 482389, 3776935; 

482399, 3776957; 482369, 3777033; 

482395, 3777122; 482438, 3777213; 

482450, 3777269; 482505, 3777347; 

482516, 3777377; 482528, 3777444; 

482530, 3777544; 482504, 3777583; 

482502, 3777600; 482517, 3777626; 

482546, 3777645; 482578, 3777686; 

482578, 3777708; 482518, 3777736; 

482490, 3777781; 482491, 3777805; 

482505, 3777822; 482561, 3777844; 

482582, 3777861; 482586, 3777885; 

482578, 3777909; 482538, 3777969; 

482534, 3778023; 482594, 3778098; 

482606, 3778168; 482628, 3778234; 

482681, 3778274; 482688, 3778307; 

482715, 3778315; 482727, 3778330; 

482710, 3778399; 482601, 3778481; 

482601, 3778529; 482629, 3778564; 

482638, 3778571; 482697, 3778575; 

482721, 3778614; 482711, 3778651; 

482660, 3778669; 482612, 3778705; 

482600, 3778765; 482629, 3778787; 

482635, 3778826; 482622, 3778871; 

482639, 3778930; 482645, 3778938; 

482677, 3778948; 482720, 3779005; 

482731, 3779074; 482772, 3779129; 

482801, 3779129; 482844, 3779111; 

482863, 3779114; 482883, 3779136; 

482942, 3779236; 482945, 3779290; 

482936, 3779312; 482966, 3779342; 

483015, 3779323; 483085, 3779316; 

483130, 3779333; 483166, 3779388; 

483157, 3779420; 483113, 3779483; 

483107, 3779505; 483114, 3779526; 

483144, 3779553; 483032, 3779645; 

483011, 3779726; 483012, 3779758; 

483024, 3779789; 483046, 3779810; 

483128, 3779819; 483202, 3779861; 

483223, 3779893; 483168, 3779950; 

483167, 3779993; 483119, 3780055; 

483102, 3780112; 483155, 3780249; 

483187, 3780266; 483246, 3780275; 

483266, 3780289; 483251, 3780325; 

483227, 3780358; 483201, 3780361; 

483213, 3780392; 483236, 3780417; 

483332, 3780470; 483323, 3780505; 

483338, 3780567; 483325, 3780589; 

483299, 3780608; 483305, 3780650; 

483255, 3780730; 483252, 3780772; 

483256, 3780792; 483291, 3780843; 

483302, 3780998; 483313, 3781012; 

483341, 3781128; 483359, 3781159; 

483395, 3781196; 483396, 3781210; 

483380, 3781240; 483348, 3781273; 

483293, 3781310; 483272, 3781316; 

483258, 3781338; 483237, 3781359; 

483202, 3781370; 483187, 3781389; 

483201, 3781395; 483259, 3781369; 

483279, 3781340; 483299, 3781326; 

483320, 3781322; 483389, 3781252; 

483416, 3781204; 483406, 3781170; 

483361, 3781135; 483346, 3781090; 

483347, 3781065; 483311, 3780994; 

483321, 3780955; 483310, 3780895; 

483314, 3780826; 483287, 3780805; 

483260, 3780759; 483311, 3780666; 

483316, 3780613; 483352, 3780583; 

483365, 3780562; 483363, 3780550; 

483340, 3780527; 483341, 3780454; 

483304, 3780446; 483226, 3780380; 

483281, 3780285; 483248, 3780263; 

483171, 3780248; 483156, 3780229; 

483157, 3780202; 483145, 3780172; 

483114, 3780130; 483116, 3780093; 

483128, 3780060; 483176, 3780001; 

483177, 3779972; 483193, 3779939; 

483224, 3779911; 483231, 3779895; 

483226, 3779873; 483193, 3779838; 

483124, 3779794; 483093, 3779795; 

483053, 3779774; 483030, 3779720; 

483032, 3779689; 483042, 3779669; 

483158, 3779560; 483142, 3779528; 

483153, 3779479; 483151, 3779446; 

483175, 3779430; 483183, 3779404; 

483155, 3779331; 483112, 3779292; 

483079, 3779286; 482981, 3779316; 

482959, 3779309; 482953, 3779219; 

482909, 3779131; 482876, 3779102; 

482834, 3779091; 482799, 3779102; 

482777, 3779090; 482746, 3779058; 

482728, 3778976; 482698, 3778956; 

482674, 3778919; 482647, 3778903; 

482653, 3778803; 482631, 3778766; 

482629, 3778746; 482634, 3778735; 

482709, 3778712; 482730, 3778690; 

482749, 3778628; 482739, 3778591; 

482718, 3778566; 482662, 3778535; 

482646, 3778494; 482677, 3778455; 

482746, 3778421; 482766, 3778390; 

482771, 3778359; 482747, 3778334; 

482746, 3778318; 482703, 3778293; 

482695, 3778261; 482647, 3778232; 

482630, 3778194; 482629, 3778125; 

482598, 3778061; 482597, 3778041; 

482618, 3777975; 482617, 3777948; 

482601, 3777929; 482608, 3777891; 

482624, 3777865; 482623, 3777848; 

482574, 3777816; 482562, 3777764; 

482570, 3777748; 482614, 3777709; 

482617, 3777698; 482598, 3777664; 

482553, 3777632; 482539, 3777608; 

482544, 3777575; 482536, 3777545; 

482542, 3777496; 482537, 3777413; 

482502, 3777282; 482421, 3777115; 

482419, 3777060; 482433, 3777022; 

482430, 3776940; 482454, 3776816; 

482510, 3776671; 482512, 3776651; 

482495, 3776628; 482502, 3776592; 

482496, 3776521; 482508, 3776483; 

482485, 3776365; 482487, 3776234; 

482407, 3776065; 482381, 3776026; 

482369, 3775883; 482376, 3775796; 

482361, 3775616; 482349, 3775585; 

482302, 3775567; 482301, 3775517; 

482264, 3775492; 482188, 3775365; 

482138, 3775326; 482118, 3775297; 

482079, 3775126; 481893, 3774844; 

481846, 3774749; 481819, 3774713; 

481769, 3774600; 481710, 3774511; 

481675, 3774473; 481666, 3774436; 

481569, 3774317; 481580, 3774312; 

481582, 3774242; 481561, 3774178; 

481552, 3774087; 481569, 3773987; 

481516, 3773938; 481262, 3773944; 

481022, 3773709; 480977, 3773709; 

480901, 3773664; 480896, 3773650; 

480844, 3773614; 480767, 3773517; 

480728, 3773424; 480689, 3773391; 

480603, 3773361; 480578, 3773339; 

480489, 3773210; 480400, 3773158; 

480339, 3773146; 480320, 3773134; 

480257, 3773030; 480175, 3772983; 

480092, 3772948; 480026, 3772935; 

479969, 3772881; 479946, 3772751; 

479927, 3772713; 479962, 3772675; 

480038, 3772687; 480096, 3772738; 

480277, 3772741; 480470, 3772713; 

480581, 3772668; 480654, 3772659; 

480845, 3772662; 480915, 3772725; 

480991, 3772751; 481086, 3772754; 

481178, 3772770; 481277, 3772760; 

481413, 3772703; 481479, 3772664; 

481532, 3772654; 481552, 3772669; 

481594, 3772656; 481732, 3772690; 

481909, 3772604; 482065, 3772614; 

482213, 3772611; 482273, 3772597; 

482437, 3772495; 482484, 3772448; 

482500, 3772396; 482537, 3772367; 

482609, 3772339; 482659, 3772306; 

482678, 3772280; 482742, 3772240; 

482849, 3772177; 482991, 3772157; 

483035, 3772163; 483075, 3772128; 

483094, 3772087; 483137, 3772069; 

483211, 3772069; 483445, 3772013; 


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78012 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 

483489, 3772026; 483550, 3772022; 

483645, 3771973; 483690, 3771969; 

483746, 3771988; 483788, 3771989; 

483849, 3771973; 483908, 3771939; 

483940, 3771939; 484021, 3771911; 

484116, 3771899; 484183, 3771920; 

484273, 3771898; 484348, 3771902; 

484488, 3771830; 484605, 3771877; 

484664, 3771882; 484829, 3771937; 

484892, 3771966; 484983, 3771966; 

485142, 3771947; 485332, 3771942; 

485482, 3771985; 485526, 3772014; 

485619, 3772037; 485679, 3772071; 

485745, 3772075; 485829, 3772064; 

485980, 3772036; 486023, 3772006; 

486110, 3772045; 486154, 3772047; 

486196, 3772070; 486243, 3772082; 

486293, 3772080; 486342, 3772044; 

486397, 3772044; 486517, 3772085; 

486545, 3772110; 486565, 3772144; 

486650, 3772143; 486688, 3772106; 

486762, 3772100; 486823, 3772126; 

486881, 3772138; 486912, 3772159; 

486960, 3772169; 487044, 3772172; 

487095, 3772149; 487140, 3772139; 

487293, 3772139; 487351, 3772210; 

487489, 3772307; 487623, 3772324; 

487815, 3772301; 487876, 3772321; 

488012, 3772426; 488315, 3772448; 

488368, 3772461; 488508, 3772476; 

488549, 3772476; 488672, 3772420; 

488789, 3772439; 488929, 3772451; 

489002, 3772535; 489020, 3772595; 

489053, 3772663; 489092, 3772716; 

489215, 3772843; 489277, 3772883; 

489321, 3772927; 489400, 3772940; 

489468, 3772973; 489499, 3772997; 

489547, 3773019; 489670, 3773142; 

489756, 3773192; 489894, 3773239; 

489958, 3773292; 490060, 3773263; 

490077, 3773264; 490181, 3773328; 

490291, 3773360; 490319, 3773377; 

490319, 3773332; 490267, 3773290; 

489940, 3773170; 489898, 3773168; 

489764, 3773131; 489725, 3773102; 

489652, 3773003; 489593, 3772981; 

489512, 3772924; 489411, 3772916; 

489365, 3772876; 489332, 3772819; 

489301, 3772788; 489239, 3772768; 

489099, 3772606; 489088, 3772568; 

489037, 3772518; 489006, 3772465; 

488989, 3772415; 488940, 3772373; 

488934, 3772346; 488976, 3772355; 

489017, 3772353; 489044, 3772331; 

489075, 3772327; 489090, 3772305; 

489083, 3772256; 489125, 3772217; 

489165, 3772208; 489184, 3772217; 

489217, 3772206; 489296, 3772147; 

489301, 3772131; 489329, 3772133; 

489395, 3772076; 489488, 3772021; 

489505, 3771905; 489494, 3771856; 

489551, 3771815; 489586, 3771736; 

489628, 3771670; 489681, 3771643; 

489751, 3771593; 489791, 3771531; 

489857, 3771507; 489912, 3771448; 

490006, 3771371; 490059, 3771342; 

490105, 3771334; 490160, 3771287; 

490199, 3771272; 490232, 3771216; 

490224, 3771171; 490259, 3771137; 

490450, 3771016; 490482, 3771024; 

490527, 3771024; 490567, 3771009; 

490672, 3770901; 490751, 3770854; 

490825, 3770828; 490850, 3770803; 

490950, 3770739; 491063, 3770712; 

491091, 3770698; 491152, 3770690; 

491161, 3770701; 491185, 3770706; 

491218, 3770698; 491296, 3770658; 

491324, 3770656; 491413, 3770672; 

491480, 3770670; 491501, 3770660; 

491593, 3770661; 491643, 3770683; 

491784, 3770665; 491814, 3770675; 

491861, 3770670; 491912, 3770688; 

491941, 3770678; 491987, 3770637; 

492029, 3770616; 492116, 3770620; 

492147, 3770635; 492215, 3770618; 

492290, 3770623; 492356, 3770617; 

492411, 3770632; 492447, 3770611; 

492490, 3770606; 492515, 3770620; 

492570, 3770617; 492598, 3770608; 

492603, 3770598; 492695, 3770573; 

492810, 3770564; 492867, 3770552; 

493173, 3770549; 493210, 3770543; 

493280, 3770580; 493383, 3770580; 

493413, 3770572; 493469, 3770589; 

493544, 3770569; 493624, 3770575; 

493647, 3770581; 493703, 3770632; 

493728, 3770640; 493754, 3770665; 

493839, 3770695; 493902, 3770732; 

494003, 3770833; 494028, 3770843; 

494044, 3770875; 494064, 3770894; 

494085, 3770899; 494117, 3770930; 

494143, 3770997; 494208, 3771037; 

494214, 3771063; 494239, 3771079; 

494270, 3771077; 494286, 3771142; 

494324, 3771172; 494342, 3771205; 

494363, 3771215; 494440, 3771284; 

494458, 3771286; 494478, 3771303; 

494518, 3771320; 494561, 3771322; 

494653, 3771405; 494706, 3771511; 

494717, 3771511; 494781, 3771552; 

494945, 3771567; 495026, 3771631; 

495073, 3771621; 495102, 3771645; 

495222, 3771692; 495224, 3771705; 

495302, 3771802; 495391, 3771866; 

495408, 3771887; 495447, 3771888; 

495531, 3771909; 495581, 3771906; 

495607, 3771894; 495666, 3771894; 

495688, 3771902; 495727, 3771897; 

495836, 3771910; 495954, 3771965; 

495987, 3771997; 496021, 3772011; 

496083, 3772012; 496133, 3772059; 

496135, 3772074; 496179, 3772095; 

496296, 3772111; 496325, 3772126; 

496359, 3772176; 496400, 3772212; 

496477, 3772230; 496542, 3772235; 

496567, 3772245; 496600, 3772244; 

496677, 3772311; 496722, 3772334; 

496793, 3772343; 496816, 3772373; 

496827, 3772410; 496855, 3772416; 

496919, 3772524; 496930, 3772638; 

496981, 3772733; 497031, 3772775; 

497090, 3772795; 497204, 3772810; 

497265, 3772785; 497285, 3772790; 

497343, 3772845; 497405, 3772941; 

497489, 3772991; 497542, 3773042; 

497551, 3773086; 497582, 3773144; 

497652, 3773195; 497701, 3773267; 

497721, 3773279; 497766, 3773285; 

497811, 3773324; 497958, 3773424; 

498086, 3773408; 498107, 3773418; 

498148, 3773478; 498213, 3773523; 

498361, 3773579; 498402, 3773582; 

498440, 3773577; 498578, 3773531; 

498594, 3773540; 498635, 3773542; 

498670, 3773535; 498708, 3773542; 

498731, 3773532; 498763, 3773551; 

498788, 3773554; 498821, 3773543; 

498854, 3773516; 498882, 3773472; 

498915, 3773442; 498951, 3773458; 

498978, 3773460; 499089, 3773428; 

499147, 3773389; 499178, 3773397; 

499232, 3773391; 499286, 3773357; 

499313, 3773356; 499377, 3773331; 

499500, 3773270; 499550, 3773271; 

499575, 3773283; 499610, 3773276; 

499615, 3773287; 499670, 3773292; 

499764, 3773257; 499824, 3773205; 

499936, 3773203; 499980, 3773163; 

500154, 3773163; 500313, 3773173; 

500442, 3773170; 500470, 3773163; 

500495, 3773141; 500566, 3773120; 

500645, 3773115; 500771, 3773056; 

500840, 3773049; 500916, 3773009; 

500954, 3773004; 500999, 3772979; 

501046, 3772979; 501096, 3772960; 

501139, 3772953; 501336, 3772942; 

501369, 3772929; 501421, 3772891; 

501455, 3772891; 501533, 3772810; 

501583, 3772770; 501629, 3772757; 

501676, 3772771; 501779, 3772851; 

501822, 3772851; 501898, 3772874; 

501974, 3772867; 502026, 3772851; 

502072, 3772856; 502101, 3772885; 

502148, 3772909; 502192, 3772947; 

502227, 3772955; 502310, 3772955; 

502378, 3772942; 502414, 3772924; 

502575, 3772930; 502690, 3772903; 

502844, 3772898; 502909, 3772866; 

502961, 3772867; 503003, 3772853; 

503079, 3772844; 503172, 3772815; 

503207, 3772815; 503288, 3772783; 

503313, 3772783; 503405, 3772728; 

503486, 3772716; 503606, 3772716; 

503801, 3772737; 503887, 3772755; 

504014, 3772765; 504077, 3772749; 

504192, 3772682; 504236, 3772685; 

504283, 3772672; 504385, 3772622; 

504440, 3772622; 504494, 3772635; 

504562, 3772674; 504606, 3772679; 

504653, 3772679; 504750, 3772645; 

504791, 3772656; 504845, 3772645; 

504927, 3772596; 505018, 3772595; 

505046, 3772582; 505086, 3772544; 

505112, 3772502; 505145, 3772468; 

505223, 3772406; 505304, 3772358; 

505323, 3772358; 505477, 3772272; 

505485, 3772255; 505472, 3772251; 

505416, 3772268; 505338, 3772296; 

505317, 3772317; 505263, 3772330; 

505182, 3772401; 505122, 3772413; 

505028, 3772414; 504908, 3772468; 

504869, 3772471; 504820, 3772492; 

504708, 3772518; 504635, 3772557; 

504543, 3772573; 504249, 3772565; 


jlentini on DSKJ8SOYB1PROD with RULES2
Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 78013 

504161, 3772588; 504122, 3772588; 

504085, 3772609; 503832, 3772627; 

503662, 3772625; 503605, 3772638; 

503238, 3772633; 503154, 3772650; 

503094, 3772627; 503042, 3772643; 

502949, 3772638; 502923, 3772655; 

502884, 3772664; 502787, 3772642; 

502674, 3772684; 502651, 3772708; 

502584, 3772718; 502506, 3772804; 

502419, 3772838; 502370, 3772830; 

502282, 3772801; 502216, 3772802; 

502166, 3772776; 502128, 3772783; 

502097, 3772768; 502067, 3772739; 

502003, 3772707; 501945, 3772695; 

501724, 3772690; 501671, 3772713; 

501643, 3772711; 501627, 3772689; 

501593, 3772702; 501494, 3772770; 

501405, 3772760; 501314, 3772763; 

501263, 3772791; 501218, 3772831; 

501179, 3772849; 501137, 3772856; 

501075, 3772908; 501033, 3772927; 

500996, 3772929; 500960, 3772957; 

500838, 3772999; 500807, 3772999; 

500769, 3773014; 500723, 3773020; 

500704, 3773036; 500627, 3773069; 

500545, 3773086; 500449, 3773125; 

500338, 3773138; 500152, 3773112; 

500107, 3773095; 499993, 3773105; 

499938, 3773089; 499888, 3773131; 

499696, 3773114; 499666, 3773131; 

499656, 3773150; 499636, 3773161; 

499593, 3773166; 499548, 3773198; 

499496, 3773210; 499440, 3773196; 

499313, 3773213; 499240, 3773272; 

499181, 3773292; 499130, 3773334; 

499079, 3773357; 499056, 3773403; 

499036, 3773421; 498968, 3773445; 

498931, 3773432; 498902, 3773434; 

498831, 3773507; 498769, 3773516; 

498683, 3773493; 498635, 3773510; 

498529, 3773503; 498437, 3773556; 

498398, 3773559; 498386, 3773559; 

498362, 3773537; 498334, 3773542; 

498256, 3773475; 498227, 3773467; 

498208, 3773483; 498181, 3773485; 

498138, 3773437; 498139, 3773414; 

498118, 3773379; 498054, 3773357; 

497992, 3773354; 497922, 3773332; 

497893, 3773303; 497832, 3773276; 

497768, 3773203; 497708, 3773181; 

497660, 3773139; 497638, 3773136; 

497626, 3773121; 497609, 3773060; 

497507, 3772979; 497481, 3772921; 

497459, 3772901; 497421, 3772834; 

497374, 3772784; 497353, 3772789; 

497310, 3772765; 497266, 3772758; 

497215, 3772761; 497173, 3772780; 

497148, 3772784; 497053, 3772760; 

497024, 3772700; 497035, 3772643; 

497026, 3772615; 497003, 3772553; 

496967, 3772522; 496963, 3772417; 

496843, 3772314; 496788, 3772297; 

496779, 3772284; 496768, 3772291; 

496723, 3772287; 496683, 3772268; 

496628, 3772219; 496551, 3772214; 

496528, 3772204; 496494, 3772171; 

496467, 3772159; 496398, 3772099; 

496354, 3772038; 496305, 3772005; 

496260, 3771938; 496223, 3771908; 

496189, 3771895; 496089, 3771896; 

496023, 3771879; 495987, 3771880; 

495963, 3771873; 495890, 3771823; 

495840, 3771807; 495703, 3771806; 

495680, 3771818; 495610, 3771821; 

495504, 3771866; 495479, 3771855; 

495433, 3771815; 495382, 3771811; 

495346, 3771787; 495328, 3771760; 

495246, 3771681; 495210, 3771582; 

495183, 3771546; 495140, 3771527; 

495103, 3771526; 495080, 3771513; 

495023, 3771370; 494998, 3771369; 

494957, 3771345; 494881, 3771360; 

494855, 3771304; 494833, 3771303; 

494806, 3771284; 494767, 3771274; 

494719, 3771227; 494643, 3771210; 

494616, 3771178; 494587, 3771159; 

494552, 3771168; 494474, 3771116; 

494454, 3771086; 494451, 3771062; 

494436, 3771039; 494418, 3771026; 

494413, 3771007; 494317, 3770945; 

494274, 3770887; 494243, 3770864; 

494193, 3770855; 494164, 3770840; 

494101, 3770778; 494024, 3770720; 

493927, 3770666; 493825, 3770585; 

493680, 3770525; 493651, 3770502; 

493603, 3770487; 493572, 3770493; 

493529, 3770469; 493504, 3770474; 

493329, 3770443; 493283, 3770447; 

493196, 3770427; 493177, 3770427; 

493147, 3770445; 493081, 3770420; 

493018, 3770437; 492984, 3770429; 

492698, 3770493; 492507, 3770499; 

492479, 3770510; 492389, 3770504; 

492200, 3770517; 492185, 3770524; 

491966, 3770533; 491879, 3770549; 

491821, 3770545; 491809, 3770547; 

491805, 3770569; 491739, 3770590; 

491700, 3770579; 491582, 3770577; 

491547, 3770565; 491404, 3770576; 

491373, 3770570; 491325, 3770597; 

491283, 3770635; 491171, 3770613; 

491061, 3770659; 491008, 3770667; 

490970, 3770682; 490950, 3770676; 

490926, 3770688; 490896, 3770728; 

490846, 3770762; 490766, 3770763; 

490731, 3770774; 490612, 3770844; 

490550, 3770900; 490417, 3770958; 

490238, 3771067; 490194, 3771066; 

490129, 3771089; 490101, 3771124; 

490045, 3771147; 489996, 3771204; 

489972, 3771219; 489929, 3771235; 

489905, 3771235; 489898, 3771208; 

489784, 3771318; 489771, 3771358; 

489672, 3771448; 489580, 3771516; 

489503, 3771632; 489501, 3771683; 

489470, 3771722; 489415, 3771896; 

489419, 3771916; 489404, 3771938; 

489340, 3771986; 489200, 3772054; 

489173, 3772054; 489123, 3772085; 

489096, 3772114; 489046, 3772116; 

488998, 3772131; 488931, 3772174; 

488883, 3772186; 488806, 3772182; 

488755, 3772171; 488719, 3772174; 

488671, 3772192; 488610, 3772189; 

488575, 3772205; 488536, 3772210; 

488457, 3772176; 488255, 3772230; 

488117, 3772278; 488035, 3772265; 

487952, 3772291; 487896, 3772268; 

487867, 3772238; 487814, 3772204; 

487662, 3772186; 487623, 3772167; 

487586, 3772164; 487567, 3772179; 

487532, 3772182; 487427, 3772111; 

487295, 3772085; 487057, 3771953; 

486960, 3771925; 486843, 3771828; 

486774, 3771826; 486708, 3771835; 

486626, 3771861; 486543, 3771861; 

486489, 3771849; 486449, 3771828; 

486354, 3771744; 486253, 3771757; 

486202, 3771780; 485784, 3771690; 

485600, 3771659; 485511, 3771611; 

485351, 3771552; 485097, 3771511; 

484846, 3771520; 484805, 3771542; 

484585, 3771538; 484485, 3771552; 

484407, 3771574; 484388, 3771571; 

484288, 3771587; 484169, 3771634; 

484083, 3771652; 483973, 3771662; 

483896, 3771684; 483757, 3771706; 

483644, 3771748; 483550, 3771761; 

483314, 3771848; 483258, 3771877; 

483250, 3771892; 483212, 3771922; 

483177, 3771932; 483134, 3771961; 

483096, 3771976; 483047, 3771985; 

483026, 3771975; 482994, 3771935; 

482872, 3771995; 482844, 3771981; 

482801, 3771989; 482726, 3772065; 

482667, 3772103; 482531, 3772165; 

482463, 3772203; 482413, 3772246; 

482336, 3772277; 482301, 3772277; 

482192, 3772343; 482139, 3772364; 

482052, 3772358; 481975, 3772362; 

481930, 3772340; 481872, 3772339; 

481824, 3772348; 481788, 3772365; 

481773, 3772398; 481744, 3772409; 

481678, 3772411; 481639, 3772420; 

481572, 3772415; 481496, 3772449; 

481474, 3772442; 481293, 3772449; 

480762, 3772424; 479991, 3772367; 

479292, 3772253; 479131, 3772220; 

479081, 3772195; 478711, 3772063; 

478444, 3771941; 478245, 3771829; 

477954, 3771642; 477927, 3771635; 

477910, 3771615; 477711, 3771479; 

477614, 3771436; 477537, 3771427; 

477349, 3771366; 477304, 3771359; 

476657, 3771309; 476456, 3771287; 

476289, 3771253; 476105, 3771192; 

thence returning to 476057, 3771160. 

(ii) Map of Subunit 1A (Upper Santa 

Ana River and Wash) follows: 

BILLING CODE 4310–55–P 


jlentini on DSKJ8SOYB1PROD with RULES2
78014 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 

BILLING CODE 4310–55–C 

(7) Unit 1: Santa Ana River, Orange, 

Riverside, and San Bernardino Counties, 

California. Subunit 1B: Santa Ana River, 

Riverside and San Bernardino Counties. 

(i) From USGS 1:24,000 quadrangles 

San Bernardino South, Fontana, 

Riverside West and Corona North. Land 

bounded by the following UTM) NAD83 

coordinates (E, N): 475287, 3770647; 

475229, 3770631; 475159, 3770634; 

475029, 3770505; 475080, 3770458; 

475001, 3770373; 474886, 3770248; 

474792, 3770167; 474561, 3770035; 

474404, 3769989; 474266, 3769962; 

474155, 3769951; 474074, 3769980; 

474045, 3769929; 473999, 3769945; 

473688, 3769905; 473458, 3769854; 

473253, 3769789; 473090, 3769708; 

472936, 3769643; 472759, 3769588; 

472637, 3769564; 472418, 3769505; 

472326, 3769464; 472166, 3769356; 

472083, 3769264; 471951, 3769161; 

471855, 3769099; 471802, 3769042; 

471434, 3768721; 471194, 3768429; 

471073, 3768237; 470973, 3768073; 

470781, 3767667; 470656, 3767503; 

470554, 3767389; 470432, 3767289; 

470296, 3767200; 470161, 3767146; 

470029, 3767110; 469902, 3767092; 


jlentini on DSKJ8SOYB1PROD with RULES2ER14DE10.001</MATH>
Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 78015 

469859, 3767106; 469823, 3767098; 

469385, 3767154; 469306, 3767127; 

469260, 3767137; 469083, 3767227; 

468675, 3767473; 468582, 3767509; 

468391, 3767549; 468237, 3767546; 

468067, 3767500; 467929, 3767433; 

467866, 3767380; 467752, 3767272; 

467669, 3767157; 467639, 3767098; 

467567, 3766824; 467519, 3766710; 

467464, 3766483; 467292, 3765982; 

467233, 3765927; 466613, 3765036; 

466482, 3764885; 465806, 3763873; 

465375, 3763211; 465110, 3762923; 

465002, 3762826; 463832, 3761156; 

463710, 3760987; 463618, 3760876; 

463572, 3760800; 463517, 3760737; 

463465, 3760694; 463354, 3760545; 

463282, 3760415; 463207, 3760062; 

463139, 3759799; 463064, 3759690; 

462928, 3759606; 462834, 3759571; 

462722, 3759616; 462542, 3759615; 

462360, 3759590; 462110, 3759479; 

461950, 3759392; 461683, 3759262; 

461624, 3759271; 461556, 3759259; 

461475, 3759231; 461374, 3759142; 

461261, 3759060; 461216, 3758985; 

461173, 3758850; 461145, 3758709; 

461146, 3758554; 461138, 3758439; 

461093, 3758376; 461081, 3758384; 

461054, 3758383; 460880, 3758265; 

460852, 3758235; 460700, 3758229; 

460666, 3758211; 460567, 3758200; 

460518, 3758210; 460476, 3758245; 

460456, 3758283; 460451, 3758342; 

460398, 3758423; 460279, 3758514; 

460101, 3758617; 460067, 3758624; 

459988, 3758591; 459958, 3758601; 

459894, 3758627; 459833, 3758690; 

459808, 3758699; 459782, 3758696; 

459669, 3758598; 459588, 3758579; 

459551, 3758590; 459497, 3758621; 

459471, 3758626; 459363, 3758579; 

459299, 3758606; 459239, 3758619; 

458984, 3758582; 458895, 3758582; 

458803, 3758622; 458746, 3758679; 

458673, 3758672; 458591, 3758638; 

458232, 3758425; 458192, 3758472; 

458019, 3758477; 457568, 3758310; 

457103, 3758005; 457024, 3758094; 

456958, 3758094; 456803, 3758060; 

456600, 3758039; 456457, 3758096; 

456348, 3758091; 456312, 3758066; 

456199, 3758082; 456132, 3758119; 

455955, 3758192; 455847, 3758200; 

455775, 3758200; 455710, 3758178; 

455671, 3758176; 455539, 3758137; 

455393, 3758074; 455170, 3758055; 

454941, 3758312; 454636, 3758298; 

454175, 3758335; 454138, 3758288; 

454085, 3758244; 453986, 3758236; 

453611, 3758273; 453546, 3758375; 

453470, 3758370; 453446, 3758242; 

453306, 3758233; 453216, 3758207; 

453037, 3758252; 452940, 3758256; 

452821, 3758209; 452658, 3758130; 

452436, 3758116; 452322, 3758206; 

452198, 3758169; 452090, 3758168; 

451989, 3758091; 451913, 3757984; 

451861, 3757980; 451804, 3757955; 

451762, 3757892; 451676, 3757846; 

451578, 3757740; 451485, 3757707; 

451475, 3757685; 451431, 3757641; 

451359, 3757649; 451117, 3757558; 

451068, 3757513; 451056, 3757478; 

451030, 3757461; 451004, 3757422; 

450984, 3757371; 450941, 3757322; 

450899, 3757300; 450870, 3757301; 

450835, 3757279; 450736, 3757263; 

450719, 3757204; 450687, 3757148; 

450638, 3757081; 450578, 3756970; 

450533, 3756928; 450479, 3756905; 

450390, 3756893; 450362, 3756898; 

450312, 3756957; 450262, 3756970; 

450154, 3756949; 450009, 3756837; 

449983, 3756795; 449898, 3756728; 

449784, 3756661; 449686, 3756622; 

449655, 3756619; 449613, 3756594; 

449521, 3756575; 449453, 3756504; 

449244, 3756432; 449071, 3756412; 

448931, 3756349; 448844, 3756341; 

448704, 3756297; 448634, 3756267; 

448532, 3756197; 448342, 3756216; 

448221, 3756252; 448181, 3756284; 

448113, 3756305; 448018, 3756288; 

447965, 3756235; 447882, 3756098; 

447791, 3755977; 447696, 3755886; 

447620, 3755848; 447438, 3755677; 

447334, 3755605; 447241, 3755569; 

447133, 3755545; 447057, 3755463; 

446826, 3755321; 446517, 3755207; 

446471, 3755169; 446382, 3755063; 

446306, 3754957; 446274, 3754866; 

446263, 3754754; 446282, 3754656; 

446278, 3754529; 446242, 3754415; 

446189, 3754364; 446113, 3754388; 

446047, 3754366; 445702, 3754197; 

445616, 3754108; 445584, 3754019; 

445605, 3753949; 445592, 3753924; 

445495, 3753839; 445421, 3753806; 

445340, 3753748; 445215, 3753564; 

445122, 3753511; 444917, 3753374; 

444854, 3753369; 444784, 3753397; 

444714, 3753410; 444627, 3753338; 

444422, 3753073; 444132, 3752783; 

443977, 3752639; 443831, 3752569; 

443884, 3752428; 443804, 3752229; 

443588, 3751960; 443586, 3751843; 

443321, 3751543; 443048, 3751297; 

442771, 3751272; 442612, 3751323; 

442559, 3751524; 442557, 3751676; 

442627, 3751774; 442766, 3751901; 

442944, 3752099; 443080, 3752286; 

443171, 3752388; 443254, 3752443; 

443315, 3752458; 443342, 3752433; 

443435, 3752417; 443491, 3752538; 

443494, 3752607; 443617, 3752763; 

443840, 3752921; 443942, 3753229; 

443999, 3753291; 444171, 3753421; 

444308, 3753477; 444348, 3753522; 

444448, 3753581; 444485, 3753628; 

444557, 3753655; 444638, 3753702; 

444674, 3753736; 444751, 3753866; 

444635, 3754021; 444578, 3754124; 

444563, 3754223; 444606, 3754284; 

444704, 3754296; 444770, 3754285; 

444798, 3754299; 444887, 3754412; 

444926, 3754437; 444997, 3754598; 

445074, 3754670; 445138, 3754766; 

445173, 3754802; 445240, 3754925; 

445296, 3755049; 445418, 3755223; 

445422, 3755412; 445454, 3755509; 

445568, 3755631; 445647, 3755745; 

445823, 3755796; 445931, 3755844; 

446038, 3755871; 446103, 3755916; 

446215, 3755965; 446227, 3756187; 

446315, 3756359; 446434, 3756431; 

446792, 3756428; 446781, 3756304; 

446855, 3756294; 446940, 3756322; 

447152, 3756341; 447190, 3756286; 

447397, 3756322; 447470, 3756349; 

447499, 3756330; 447573, 3756315; 

447627, 3756493; 447683, 3756519; 

447769, 3756523; 448315, 3756434; 

448392, 3756404; 448507, 3756389; 

448533, 3756408; 448632, 3756532; 

448626, 3756740; 448878, 3756743; 

448923, 3756771; 449014, 3756770; 

449088, 3756789; 449137, 3756837; 

449137, 3756875; 449120, 3756897; 

449230, 3757095; 449314, 3757359; 

449327, 3757446; 449386, 3757495; 

449409, 3757543; 449462, 3757605; 

449570, 3757664; 449678, 3757687; 

449775, 3757679; 449863, 3757658; 

450158, 3757559; 450241, 3757574; 

450420, 3757565; 450434, 3757590; 

450531, 3757597; 450662, 3757589; 

450706, 3757622; 450812, 3757644; 

450857, 3757670; 451058, 3757892; 

451071, 3757930; 451069, 3757958; 

451027, 3757969; 451055, 3758008; 

451090, 3758083; 451125, 3758114; 

451167, 3758170; 451237, 3758222; 

451258, 3758182; 451322, 3758223; 

451437, 3758362; 451502, 3758463; 

451558, 3758596; 451623, 3758660; 

451644, 3758666; 451658, 3758720; 

451674, 3758722; 451694, 3758759; 

451781, 3758825; 451826, 3758844; 

451862, 3758845; 451912, 3758891; 

451926, 3758922; 452020, 3759032; 

452031, 3759075; 452121, 3759233; 

452108, 3759279; 452205, 3759466; 

452245, 3759497; 452372, 3759489; 

452470, 3759496; 452561, 3759524; 

452739, 3759509; 452837, 3759518; 

452999, 3759517; 453098, 3759437; 

453168, 3759413; 453313, 3759396; 

453518, 3759314; 453520, 3759297; 

453700, 3759223; 453713, 3759201; 

453710, 3759162; 453823, 3759160; 

453838, 3759175; 453872, 3759162; 

454000, 3759160; 454079, 3759173; 

454112, 3759164; 454189, 3759168; 

454344, 3759143; 454459, 3759146; 

454478, 3759126; 454478, 3759075; 

454497, 3759060; 454662, 3759050; 

454681, 3759035; 454676, 3758998; 

454740, 3758985; 454803, 3758981; 

454874, 3758960; 454900, 3758984; 

454969, 3758929; 455040, 3758850; 

455085, 3758813; 455179, 3758797; 

455230, 3758776; 455311, 3758776; 

455348, 3758791; 455422, 3758773; 


jlentini on DSKJ8SOYB1PROD with RULES2
78016 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 

455542, 3758724; 455640, 3758653; 

455684, 3758630; 455894, 3758573; 

455933, 3758536; 455953, 3758542; 

456017, 3758491; 456056, 3758506; 

456151, 3758514; 456247, 3758572; 

456405, 3758489; 456442, 3758488; 

456516, 3758467; 456586, 3758422; 

456615, 3758426; 456684, 3758405; 

456722, 3758415; 456839, 3758398; 

456865, 3758403; 456939, 3758385; 

457104, 3758438; 457223, 3758448; 

457304, 3758435; 457702, 3758492; 

457770, 3758529; 457905, 3758566; 

457974, 3758605; 458022, 3758651; 

458044, 3758649; 458066, 3758660; 

458148, 3758770; 458194, 3758778; 

458288, 3758770; 458325, 3758778; 

458425, 3758810; 458475, 3758848; 

458511, 3758847; 458573, 3758828; 

458606, 3758838; 458643, 3758837; 

458807, 3758812; 458879, 3758814; 

458951, 3758835; 459084, 3758920; 

459200, 3758945; 459240, 3758985; 

459310, 3759007; 459349, 3759001; 

459379, 3758982; 459397, 3758954; 

459425, 3758954; 459467, 3758973; 

459481, 3758959; 459475, 3758942; 

459480, 3758917; 459577, 3758863; 

459673, 3758850; 459711, 3758856; 

459814, 3758900; 459909, 3758923; 

459966, 3758965; 460058, 3758999; 

460082, 3758993; 460103, 3758999; 

460127, 3759030; 460135, 3759063; 

460091, 3759130; 460071, 3759243; 

460080, 3759299; 460118, 3759338; 

460170, 3759370; 460238, 3759384; 

460478, 3759331; 460520, 3759373; 

460542, 3759425; 460534, 3759471; 

460579, 3759566; 460619, 3759622; 

460645, 3759613; 460663, 3759535; 

460651, 3759462; 460613, 3759421; 

460556, 3759332; 460549, 3759281; 

460627, 3759285; 460791, 3759250; 

460819, 3759269; 460853, 3759391; 

460911, 3759364; 460930, 3759362; 

460954, 3759376; 461010, 3759427; 

461032, 3759431; 461160, 3759524; 

461327, 3759664; 461377, 3759636; 

461527, 3759702; 461557, 3759684; 

461617, 3759720; 461673, 3759738; 

461732, 3759747; 461855, 3759730; 

461889, 3759733; 461948, 3759746; 

462053, 3759798; 462485, 3760035; 

462552, 3760058; 462779, 3760280; 

463156, 3760759; 463598, 3761341; 

464430, 3762512; 464799, 3763080; 

464826, 3763114; 464859, 3763130; 

464918, 3763222; 465105, 3763517; 

465125, 3763584; 465188, 3763643; 

465209, 3763734; 465234, 3763796; 

465283, 3763859; 465311, 3763917; 

465412, 3763986; 465446, 3764062; 

465484, 3764115; 465517, 3764142; 

465574, 3764228; 465627, 3764279; 

465649, 3764287; 465752, 3764392; 

466428, 3765270; 466937, 3765975; 

467052, 3766181; 467363, 3767127; 

467077, 3767537; 467104, 3767561; 

467377, 3767168; 467433, 3767285; 

467572, 3767479; 467690, 3767592; 

467798, 3767670; 467910, 3767731; 

468021, 3767772; 468142, 3767804; 

468351, 3767834; 468471, 3767824; 

468638, 3767789; 468822, 3767713; 

469024, 3767573; 469035, 3767425; 

468990, 3767383; 469175, 3767288; 

469224, 3767276; 469306, 3767275; 

469358, 3767299; 469404, 3767305; 

469510, 3767297; 469749, 3767338; 

469811, 3767359; 469930, 3767356; 

470051, 3767387; 470196, 3767456; 

470310, 3767524; 470417, 3767621; 

470518, 3767745; 470658, 3768013; 

470778, 3768272; 470916, 3768459; 

471212, 3768803; 471529, 3769081; 

471623, 3769057; 471821, 3769227; 

472051, 3769453; 472194, 3769572; 

472239, 3769631; 472361, 3769681; 

472563, 3769721; 472751, 3769748; 

472929, 3769832; 473093, 3769923; 

473440, 3770175; 473501, 3770110; 

473436, 3770056; 473542, 3770075; 

473967, 3770118; 474147, 3770116; 

474275, 3770091; 474407, 3770148; 

474552, 3770242; 474704, 3770351; 

474836, 3770485; 474879, 3770530; 

474893, 3770560; 475055, 3770728; 

475149, 3770814; 475296, 3770915; 

475356, 3770980; 475540, 3771112; 

475687, 3771196; 475841, 3771271; 

476057, 3771361; 476057, 3771160; 

475989, 3771114; 475708, 3770974; 

475635, 3770951; 475583, 3770925; 

475605, 3770914; 475322, 3770688; 

thence returning to 475287, 3770647. 

(ii) Map of Subunit 1B: (Santa Ana 

River) follows: 

BILLING CODE 4310–55–P 


jlentini on DSKJ8SOYB1PROD with RULES2
Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 78017 

(8) Unit 1: Santa Ana River, Orange, 

Riverside, and San Bernardino Counties, 

California. Subunit 1C: Lower Santa 

Ana River, Orange and Riverside 

Counties. 

(i) From USGS 1:24,000 quadrangles 

Prado, Black Star Canyon and Orange. 

Land bounded by the following UTM) 

NAD83 coordinates (E, N): 439123, 

3749777; 439223, 3749735; 439317, 

3749737; 439475, 3749686; 439567, 

3749560; 439645, 3749469; 439774, 

3749500; 439943, 3749500; 440112, 

3749446; 440161, 3749312; 439660, 

3749201; 439520, 3749378; 439460, 

3749399; 439399, 3749439; 439319, 

3749542; 439301, 3749594; 439265, 

3749606; 438894, 3749562; 438796, 

3749584; 438742, 3749566; 438596, 

3749491; 438516, 3749437; 438459, 

3749364; 438448, 3749294; 438464, 

3749237; 438366, 3748852; 438340, 

3748760; 438283, 3748727; 438185, 

3748276; 438122, 3748139; 438057, 

3748079; 437949, 3748001; 437654, 

3747892; 437464, 3747866; 437373, 

3747865; 437292, 3747874; 437143, 

3747915; 436895, 3748028; 436812, 

3748073; 436669, 3748199; 436625, 

3748312; 436585, 3748391; 436572, 


jlentini on DSKJ8SOYB1PROD with RULES2ER14DE10.002</MATH>
78018 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 

3748468; 436552, 3748505; 436412, 

3748579; 436342, 3748576; 436215, 

3748550; 436049, 3748462; 435917, 

3748476; 435808, 3748471; 435704, 

3748457; 435613, 3748433; 435486, 

3748378; 434802, 3748017; 434587, 

3748012; 434512, 3748021; 434282, 

3747955; 434121, 3747940; 434051, 

3748000; 433979, 3747999; 433872, 

3747880; 433731, 3747851; 433421, 

3747832; 433139, 3747793; 433063, 

3747795; 432963, 3747813; 432893, 

3747763; 432803, 3747785; 432229, 

3748058; 432204, 3748085; 432188, 

3748119; 432177, 3748181; 432152, 

3748235; 432154, 3748312; 432121, 

3748473; 432121, 3748544; 432109, 

3748577; 432073, 3748614; 431926, 

3748722; 431859, 3748810; 431778, 

3748866; 431712, 3748889; 431641, 

3748901; 431491, 3748890; 431431, 

3748872; 431353, 3748830; 431068, 

3748646; 430666, 3748361; 430432, 

3748227; 430080, 3748058; 429848, 

3747970; 429591, 3747848; 429403, 

3747735; 427822, 3746840; 427649, 

3746756; 427447, 3746689; 426581, 

3746504; 426126, 3746415; 425941, 

3746399; 425853, 3746399; 425852, 

3746506; 426009, 3746515; 426141, 

3746535; 426882, 3746670; 427227, 

3746745; 427560, 3746829; 427676, 

3746876; 427804, 3746941; 429341, 

3747823; 429709, 3748019; 430328, 

3748290; 430502, 3748391; 430618, 

3748476; 430744, 3748552; 430779, 

3748589; 430805, 3748697; 430811, 

3748761; 430803, 3748798; 430965, 

3748887; 431072, 3748985; 431224, 

3748977; 431238, 3748986; 431242, 

3749070; 431317, 3749218; 431364, 

3749269; 431432, 3749309; 431499, 

3749332; 431587, 3749338; 431684, 

3749320; 431776, 3749271; 431969, 

3749136; 432292, 3748817; 432333, 

3748763; 432550, 3748356; 432609, 

3748267; 432685, 3748186; 432851, 

3748105; 432954, 3748084; 433122, 

3748085; 433261, 3748126; 433392, 

3748186; 433613, 3748269; 433765, 

3748320; 433894, 3748351; 433999, 

3748358; 434076, 3748343; 434133, 

3748371; 434288, 3748376; 434351, 

3748281; 434404, 3748286; 434530, 

3748262; 434587, 3748282; 434673, 

3748289; 434864, 3748352; 434926, 

3748398; 435009, 3748431; 435174, 

3748416; 435499, 3748568; 435539, 

3748608; 435628, 3748636; 435712, 

3748625; 435815, 3748647; 435867, 

3748648; 435893, 3748665; 435890, 

3748729; 435980, 3748742; 436024, 

3748773; 436433, 3748700; 436638, 

3748607; 436667, 3748461; 436746, 

3748352; 436783, 3748279; 436785, 

3748204; 436804, 3748152; 436893, 

3748104; 437012, 3748021; 437085, 

3747983; 437383, 3747900; 437493, 

3747898; 437586, 3747904; 437681, 

3747928; 437884, 3748054; 438053, 

3748138; 438099, 3748182; 438134, 

3748265; 438212, 3748574; 438227, 

3748689; 438252, 3748775; 438235, 

3748844; 438250, 3748959; 438290, 

3749147; 438351, 3749356; 438405, 

3749440; 438637, 3749625; 438734, 

3749688; 438816, 3749730; 438873, 

3749735; 438903, 3749767; 438985, 

3749795; thence returning to 439123, 

3749777. 

(i) Map of Subunit 1C (Lower Santa 

Ana River) follows: 


jlentini on DSKJ8SOYB1PROD with RULES2
Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 78019 

BILLING CODE 4310–55–C 

(9) Unit 2: San Gabriel River, Los 

Angeles County, California. 

(i) From USGS 1:24,000 quadrangles 

Mount Baldy, Mount San Antonia, 

Crystal Lake, Waterman Mountain, 

Azusa and Glendora. Land bounded by 

the following UTM NAD83 coordinates 

(E, N): 412207, 3789649; 412240, 

3789651; 412263, 3789642; 412291, 

3789622; 412319, 3789588; 412362, 

3789390; 412369, 3789285; 412385, 

3789277; 412401, 3789280; 412418, 

3789291; 412456, 3789343; 412507, 

3789432; 412570, 3789514; 412622, 

3789548; 412647, 3789547; 412666, 

3789539; 412678, 3789496; 412694, 

3789488; 412703, 3789493; 412747, 

3789568; 412758, 3789617; 412751, 

3789642; 412770, 3789656; 412790, 

3789696; 412843, 3789762; 412866, 

3789779; 412934, 3789799; 412952, 

3789788; 412954, 3789775; 412945, 

3789723; 412951, 3789658; 413055, 

3789562; 413156, 3789439; 413169, 

3789408; 413230, 3789343; 413269, 

3789328; 413330, 3789348; 413367, 

3789370; 413398, 3789365; 413418, 

3789326; 413387, 3789291; 413389, 

3789230; 413398, 3789203; 413415, 


jlentini on DSKJ8SOYB1PROD with RULES2ER14DE10.003</MATH>
78020 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 

3789189; 413520, 3789234; 413571, 

3789248; 413614, 3789245; 413634, 

3789236; 413754, 3789237; 413924, 

3789215; 413963, 3789231; 413980, 

3789249; 413998, 3789296; 413995, 

3789357; 414044, 3789392; 414092, 

3789400; 414188, 3789383; 414255, 

3789386; 414333, 3789359; 414360, 

3789355; 414391, 3789361; 414444, 

3789400; 414473, 3789449; 414486, 

3789499; 414471, 3789593; 414481, 

3789615; 414507, 3789619; 414524, 

3789612; 414550, 3789620; 414605, 

3789596; 414719, 3789580; 414739, 

3789589; 414779, 3789633; 414817, 

3789655; 414900, 3789683; 414953, 

3789693; 414995, 3789691; 415037, 

3789685; 415066, 3789665; 415089, 

3789635; 415107, 3789587; 415120, 

3789449; 415133, 3789414; 415159, 

3789405; 415189, 3789413; 415284, 

3789464; 415323, 3789472; 415370, 

3789452; 415384, 3789422; 415448, 

3789386; 415562, 3789290; 415637, 

3789258; 415676, 3789256; 415717, 

3789267; 415742, 3789292; 415758, 

3789317; 415766, 3789367; 415808, 

3789412; 415838, 3789430; 415883, 

3789441; 415929, 3789438; 416010, 

3789414; 416081, 3789421; 416111, 

3789439; 416182, 3789523; 416245, 

3789650; 416275, 3789668; 416403, 

3789670; 416466, 3789705; 416480, 

3789725; 416482, 3789857; 416497, 

3789880; 416565, 3789892; 416634, 

3789867; 416805, 3789827; 416846, 

3789801; 416886, 3789795; 417009, 

3789821; 417030, 3789845; 417034, 

3789864; 417036, 3789973; 417025, 

3790011; 417081, 3790064; 417106, 

3790079; 417114, 3790095; 417150, 

3790127; 417148, 3790147; 417168, 

3790180; 417176, 3790202; 417173, 

3790227; 417181, 3790234; 417203, 

3790188; 417180, 3790147; 417182, 

3790129; 417174, 3790105; 417150, 

3790064; 417058, 3790000; 417071, 

3789987; 417059, 3789899; 417077, 

3789873; 417079, 3789829; 417115, 

3789801; 417208, 3789772; 417299, 

3789726; 417375, 3789658; 417394, 

3789630; 417422, 3789560; 417428, 

3789488; 417420, 3789287; 417430, 

3789265; 417481, 3789207; 417516, 

3789184; 417606, 3789192; 417737, 

3789152; 417806, 3789209; 417832, 

3789271; 417880, 3789293; 417944, 

3789274; 418087, 3789178; 418330, 

3789112; 418543, 3789101; 418557, 

3789121; 418562, 3789151; 418521, 

3789207; 418442, 3789258; 418306, 

3789300; 418282, 3789320; 418278, 

3789365; 418344, 3789470; 418360, 

3789511; 418358, 3789541; 418345, 

3789578; 418255, 3789704; 418237, 

3789752; 418252, 3789822; 418286, 

3789840; 418423, 3789874; 418447, 

3789898; 418464, 3789925; 418460, 

3789957; 418426, 3790024; 418430, 

3790062; 418461, 3790103; 418501, 

3790121; 418623, 3790101; 418602, 

3790199; 418610, 3790286; 418625, 

3790332; 418621, 3790404; 418591, 

3790473; 418608, 3790508; 418642, 

3790541; 418758, 3790583; 418763, 

3790696; 418743, 3790732; 418683, 

3790787; 418674, 3790810; 418688, 

3790849; 418711, 3790992; 418630, 

3791137; 418556, 3791189; 418527, 

3791221; 418511, 3791292; 418488, 

3791304; 418436, 3791277; 418392, 

3791216; 418336, 3791222; 418268, 

3791252; 418222, 3791285; 418173, 

3791376; 418166, 3791413; 418142, 

3791456; 418132, 3791497; 418146, 

3791542; 418138, 3791585; 418119, 

3791615; 418076, 3791634; 418033, 

3791670; 417937, 3791698; 417860, 

3791750; 417818, 3791755; 417781, 

3791772; 417755, 3791797; 417747, 

3791826; 417753, 3791848; 417829, 

3791896; 417830, 3791918; 417787, 

3791970; 417739, 3792001; 417698, 

3792018; 417653, 3792023; 417608, 

3792045; 417566, 3792083; 417555, 

3792129; 417558, 3792167; 417586, 

3792219; 417654, 3792283; 417707, 

3792297; 417807, 3792267; 417881, 

3792278; 417907, 3792297; 417930, 

3792386; 417989, 3792426; 417999, 

3792459; 417994, 3792499; 417974, 

3792530; 417964, 3792570; 417917, 

3792615; 417881, 3792671; 417868, 

3792681; 417799, 3792653; 417788, 

3792666; 417832, 3792701; 417856, 

3792705; 417890, 3792697; 417961, 

3792624; 417998, 3792613; 418080, 

3792745; 418103, 3792752; 418102, 

3792731; 418044, 3792616; 418051, 

3792586; 418077, 3792555; 418070, 

3792454; 418039, 3792404; 417969, 

3792355; 417963, 3792313; 417950, 

3792279; 417913, 3792247; 417860, 

3792233; 417797, 3792229; 417771, 

3792251; 417715, 3792260; 417697, 

3792254; 417678, 3792229; 417658, 

3792224; 417610, 3792170; 417618, 

3792127; 417679, 3792066; 417756, 

3792035; 417809, 3792003; 417850, 

3791965; 417864, 3791920; 417861, 

3791882; 417823, 3791836; 417832, 

3791817; 417927, 3791741; 417968, 

3791717; 418019, 3791712; 418128, 

3791675; 418157, 3791645; 418196, 

3791543; 418209, 3791435; 418226, 

3791391; 418261, 3791355; 418302, 

3791325; 418341, 3791311; 418414, 

3791346; 418449, 3791354; 418527, 

3791322; 418545, 3791279; 418576, 

3791246; 418606, 3791240; 418720, 

3791129; 418749, 3791089; 418758, 

3791037; 418758, 3790905; 418795, 

3790733; 418843, 3790650; 418849, 

3790613; 418841, 3790574; 418820, 

3790547; 418779, 3790520; 418696, 

3790504; 418681, 3790484; 418760, 

3790376; 418760, 3790352; 418751, 

3790338; 418721, 3790336; 418681, 

3790346; 418666, 3790332; 418659, 

3790308; 418658, 3790273; 418757, 

3790057; 418745, 3790033; 418718, 

3790024; 418679, 3790024; 418560, 

3790057; 418525, 3790050; 418507, 

3790034; 418547, 3789923; 418527, 

3789875; 418424, 3789810; 418385, 

3789802; 418357, 3789786; 418335, 

3789756; 418328, 3789709; 418404, 

3789566; 418409, 3789518; 418389, 

3789460; 418336, 3789358; 418352, 

3789336; 418387, 3789306; 418460, 

3789287; 418529, 3789251; 418599, 

3789202; 418785, 3789206; 418836, 

3789224; 418858, 3789266; 418872, 

3789341; 418889, 3789371; 418923, 

3789389; 419098, 3789384; 419165, 

3789389; 419193, 3789409; 419246, 

3789473; 419313, 3789501; 419402, 

3789478; 419460, 3789476; 419612, 

3789447; 419698, 3789441; 419741, 

3789428; 419832, 3789334; 419876, 

3789313; 419913, 3789313; 419903, 

3789408; 419915, 3789476; 419964, 

3789615; 419984, 3789648; 420024, 

3789689; 420198, 3789822; 420319, 

3790052; 420363, 3790081; 420458, 

3790067; 420489, 3790128; 420538, 

3790166; 420600, 3790208; 420650, 

3790229; 420688, 3790267; 420787, 

3790316; 420833, 3790408; 420894, 

3790494; 420967, 3790571; 420980, 

3790727; 421021, 3790900; 421053, 

3790992; 421136, 3791056; 421230, 

3791113; 421275, 3791156; 421330, 

3791235; 421407, 3791304; 421456, 

3791342; 421583, 3791415; 421835, 

3791456; 422070, 3791428; 422217, 

3791429; 422289, 3791641; 422275, 

3791683; 422279, 3791771; 422266, 

3791855; 422077, 3792392; 422043, 

3792547; 422068, 3792606; 422057, 

3792641; 422076, 3792719; 422064, 

3792757; 422069, 3792797; 422098, 

3792814; 422107, 3792998; 422117, 

3793017; 422146, 3793040; 422178, 

3793045; 422204, 3793031; 422220, 

3793013; 422225, 3792910; 422218, 

3792868; 422236, 3792808; 422241, 

3792749; 422242, 3792696; 422184, 

3792571; 422191, 3792508; 422162, 

3792399; 422176, 3792356; 422226, 

3792290; 422244, 3792250; 422245, 

3792206; 422259, 3792173; 422344, 

3792083; 422359, 3792054; 422363, 

3792014; 422353, 3791901; 422413, 

3791745; 422408, 3791694; 422415, 

3791638; 422443, 3791651; 422477, 

3791681; 422509, 3791741; 422547, 

3791767; 422691, 3791807; 422702, 

3791850; 422726, 3791876; 422752, 

3791902; 422821, 3791938; 422859, 

3791979; 422987, 3792041; 423080, 

3792040; 423103, 3792053; 423116, 

3792094; 423184, 3792130; 423237, 

3792145; 423349, 3792138; 423393, 


jlentini on DSKJ8SOYB1PROD with RULES2
Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 78021 

3792123; 423447, 3792042; 423482, 

3792008; 423515, 3791992; 423704, 

3791985; 423721, 3792013; 423727, 

3792051; 423714, 3792081; 423718, 

3792134; 423742, 3792152; 423778, 

3792152; 423866, 3792128; 423897, 

3792131; 423935, 3792180; 423969, 

3792244; 423999, 3792256; 424060, 

3792255; 424142, 3792305; 424177, 

3792298; 424232, 3792256; 424223, 

3792230; 424191, 3792232; 424158, 

3792252; 424131, 3792247; 424069, 

3792211; 423999, 3792207; 423975, 

3792192; 423932, 3792125; 423924, 

3792098; 423894, 3792083; 423857, 

3792087; 423817, 3792107; 423785, 

3792107; 423775, 3792097; 423801, 

3792058; 423804, 3792010; 423774, 

3791967; 423744, 3791942; 423697, 

3791935; 423602, 3791945; 423570, 

3791934; 423479, 3791933; 423435, 

3791946; 423400, 3791977; 423367, 

3792035; 423322, 3792065; 423181, 

3792070; 423124, 3792007; 423091, 

3791944; 423057, 3791916; 423013, 

3791937; 422969, 3791947; 422934, 

3791933; 422838, 3791883; 422730, 

3791763; 422688, 3791732; 422547, 

3791684; 422510, 3791640; 422457, 

3791507; 422397, 3791437; 422322, 

3791419; 422238, 3791338; 422122, 

3791306; 422063, 3791304; 422027, 

3791313; 422009, 3791346; 421984, 

3791363; 421947, 3791344; 421909, 

3791299; 421751, 3791247; 421647, 

3791230; 421568, 3791198; 421473, 

3791147; 421386, 3791064; 421285, 

3790999; 421202, 3790968; 421148, 

3790903; 421128, 3790845; 421084, 

3790762; 421114, 3790695; 421134, 

3790587; 421127, 3790546; 421101, 

3790526; 421063, 3790467; 421042, 

3790385; 421002, 3790341; 420919, 

3790286; 420864, 3790235; 420807, 

3790204; 420726, 3790197; 420674, 

3790183; 420613, 3790078; 420539, 

3790039; 420388, 3790008; 420349, 

3789990; 420331, 3789956; 420332, 

3789891; 420315, 3789863; 420290, 

3789847; 420276, 3789825; 420251, 

3789739; 420227, 3789713; 420193, 

3789710; 420068, 3789662; 420006, 

3789618; 419991, 3789588; 420000, 

3789519; 419945, 3789398; 419955, 

3789352; 419985, 3789321; 420035, 

3789323; 420151, 3789303; 420209, 

3789312; 420248, 3789340; 420282, 

3789378; 420341, 3789498; 420400, 

3789551; 420472, 3789580; 420532, 

3789563; 420584, 3789499; 420591, 

3789426; 420583, 3789370; 420592, 

3789224; 420629, 3789168; 420674, 

3789123; 420718, 3789117; 420765, 

3789119; 420815, 3789139; 420975, 

3789222; 421019, 3789216; 421049, 

3789224; 421075, 3789251; 421151, 

3789290; 421234, 3789348; 421337, 

3789386; 421536, 3789352; 421578, 

3789334; 421623, 3789298; 421651, 

3789213; 421723, 3789149; 421832, 

3788918; 421867, 3788866; 421895, 

3788858; 422195, 3788697; 422234, 

3788645; 422282, 3788508; 422307, 

3788465; 422340, 3788464; 422391, 

3788493; 422392, 3788515; 422436, 

3788571; 422553, 3788602; 422595, 

3788692; 422611, 3788678; 422660, 

3788678; 422687, 3788715; 422770, 

3788760; 422854, 3788834; 422963, 

3788881; 423090, 3788898; 423175, 

3788875; 423211, 3788858; 423230, 

3788839; 423427, 3788793; 423452, 

3788807; 423494, 3788784; 423527, 

3788786; 423596, 3788805; 423617, 

3788818; 423792, 3788860; 423944, 

3788862; 424060, 3788939; 424168, 

3789076; 424227, 3789101; 424258, 

3789099; 424325, 3789064; 424413, 

3788986; 424467, 3788855; 424486, 

3788840; 424507, 3788835; 424517, 

3788783; 424608, 3788722; 424703, 

3788699; 424815, 3788695; 425139, 

3788730; 425294, 3788759; 425323, 

3788773; 425346, 3788766; 425374, 

3788736; 425450, 3788693; 425556, 

3788681; 425643, 3788685; 425686, 

3788656; 425782, 3788538; 425850, 

3788537; 425882, 3788516; 425909, 

3788485; 425982, 3788436; 426048, 

3788414; 426068, 3788394; 426206, 

3788364; 426319, 3788277; 426394, 

3788191; 426461, 3788164; 426534, 

3788159; 426584, 3788182; 426626, 

3788178; 426648, 3788191; 426681, 

3788232; 426707, 3788246; 426699, 

3788309; 426703, 3788336; 426728, 

3788356; 426769, 3788369; 426823, 

3788374; 426894, 3788317; 426933, 

3788261; 426984, 3788210; 427015, 

3788206; 427080, 3788221; 427142, 

3788271; 427246, 3788317; 427290, 

3788328; 427318, 3788312; 427352, 

3788309; 427392, 3788290; 427424, 

3788208; 427428, 3788146; 427492, 

3788073; 427552, 3788024; 427675, 

3788008; 427749, 3788018; 427850, 

3787987; 427962, 3787977; 428043, 

3787993; 428111, 3787996; 428180, 

3787978; 428217, 3787943; 428245, 

3787937; 428268, 3787943; 428317, 

3787976; 428507, 3788018; 428567, 

3788044; 428602, 3788050; 428680, 

3788046; 428711, 3788036; 428733, 

3788016; 428769, 3788001; 428842, 

3787977; 428913, 3787927; 428945, 

3787916; 429050, 3787853; 429124, 

3787859; 429141, 3787875; 429154, 

3787924; 429154, 3787968; 429137, 

3788014; 429131, 3788062; 429137, 

3788115; 429161, 3788237; 429192, 

3788295; 429194, 3788352; 429211, 

3788369; 429235, 3788441; 429254, 

3788466; 429279, 3788484; 429360, 

3788487; 429364, 3788500; 429338, 

3788545; 429308, 3788569; 429279, 

3788625; 429278, 3788664; 429243, 

3788753; 429251, 3788783; 429278, 

3788805; 429354, 3788831; 429396, 

3788830; 429460, 3788807; 429531, 

3788824; 429534, 3788842; 429495, 

3788906; 429484, 3788971; 429434, 

3789023; 429426, 3789091; 429448, 

3789123; 429491, 3789146; 429530, 

3789157; 429573, 3789159; 429617, 

3789151; 429657, 3789141; 429688, 

3789120; 429719, 3789110; 429773, 

3789118; 429793, 3789133; 429817, 

3789176; 429810, 3789259; 429801, 

3789280; 429822, 3789330; 429825, 

3789371; 429867, 3789431; 429892, 

3789446; 429912, 3789470; 429943, 

3789527; 429982, 3789679; 429947, 

3789792; 429940, 3789889; 429980, 

3789926; 429986, 3789948; 429977, 

3789977; 429990, 3790060; 430002, 

3790080; 430060, 3790119; 430085, 

3790147; 430085, 3790224; 430040, 

3790368; 430035, 3790417; 430044, 

3790437; 430099, 3790486; 430113, 

3790558; 430106, 3790580; 430083, 

3790601; 430013, 3790639; 430001, 

3790708; 430030, 3790739; 430157, 

3790832; 430195, 3790844; 430214, 

3790841; 430246, 3790819; 430269, 

3790821; 430324, 3790850; 430333, 

3790868; 430320, 3790914; 430325, 

3791033; 430368, 3791056; 430409, 

3791055; 430488, 3791008; 430601, 

3790989; 430672, 3791003; 430784, 

3791083; 430821, 3791097; 430847, 

3791095; 430864, 3791081; 430887, 

3791026; 430878, 3791004; 430880, 

3790982; 430917, 3790977; 430950, 

3790992; 430982, 3791026; 431013, 

3791040; 431061, 3791020; 431136, 

3791031; 431182, 3791077; 431202, 

3791138; 431225, 3791161; 431234, 

3791189; 431221, 3791241; 431135, 

3791244; 431122, 3791278; 431059, 

3791320; 431049, 3791343; 431056, 

3791367; 431124, 3791450; 431178, 

3791492; 431244, 3791522; 431253, 

3791547; 431254, 3791573; 431242, 

3791596; 431208, 3791628; 431183, 

3791669; 431173, 3791704; 431178, 

3791901; 431186, 3791923; 431166, 

3791948; 431159, 3791976; 431159, 

3792018; 431234, 3792101; 431231, 

3792147; 431208, 3792174; 431114, 

3792204; 431079, 3792250; 431068, 

3792294; 431094, 3792324; 431140, 

3792342; 431141, 3792364; 431161, 

3792397; 431219, 3792443; 431224, 

3792484; 431205, 3792536; 431098, 

3792668; 431020, 3792747; 430974, 

3792783; 430858, 3792821; 430693, 

3792937; 430668, 3792996; 430659, 

3793111; 430629, 3793215; 430572, 

3793348; 430606, 3793428; 430652, 

3793454; 430691, 3793452; 430725, 

3793440; 430753, 3793445; 430765, 

3793467; 430766, 3793487; 430728, 

3793550; 430690, 3793573; 430669, 

3793600; 430662, 3793642; 430705, 


jlentini on DSKJ8SOYB1PROD with RULES2
78022 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 

3793664; 430745, 3793649; 430766, 

3793653; 430865, 3793718; 431001, 

3793773; 431011, 3793784; 431039, 

3793789; 431084, 3793782; 431152, 

3793830; 431162, 3793818; 431185, 

3793837; 431208, 3793843; 431261, 

3793830; 431230, 3793804; 431205, 

3793815; 431177, 3793802; 431142, 

3793812; 431096, 3793769; 431075, 

3793767; 431058, 3793750; 431040, 

3793756; 431012, 3793750; 430928, 

3793705; 430871, 3793655; 430851, 

3793649; 430815, 3793612; 430740, 

3793615; 430714, 3793606; 430780, 

3793551; 430806, 3793489; 430803, 

3793452; 430787, 3793424; 430758, 

3793407; 430664, 3793418; 430639, 

3793415; 430620, 3793359; 430653, 

3793306; 430653, 3793265; 430664, 

3793244; 430775, 3793154; 430813, 

3793091; 430839, 3793026; 431182, 

3792705; 431303, 3792547; 431315, 

3792506; 431311, 3792463; 431296, 

3792409; 431271, 3792360; 431228, 

3792329; 431162, 3792315; 431145, 

3792298; 431141, 3792276; 431144, 

3792253; 431201, 3792238; 431277, 

3792207; 431309, 3792174; 431306, 

3792143; 431281, 3792068; 431217, 

3791949; 431230, 3791894; 431215, 

3791832; 431253, 3791678; 431307, 

3791582; 431315, 3791553; 431309, 

3791519; 431284, 3791509; 431238, 

3791466; 431181, 3791442; 431128, 

3791394; 431130, 3791368; 431147, 

3791344; 431169, 3791329; 431265, 

3791300; 431287, 3791282; 431308, 

3791219; 431302, 3791191; 431200, 

3791022; 431144, 3790985; 431111, 

3790982; 431057, 3790991; 431012, 

3790984; 430890, 3790932; 430867, 

3790937; 430850, 3790953; 430820, 

3791014; 430802, 3791024; 430777, 

3791024; 430734, 3790985; 430721, 

3790961; 430590, 3790915; 430507, 

3790908; 430451, 3790938; 430418, 

3790975; 430385, 3790975; 430374, 

3790953; 430385, 3790900; 430374, 

3790826; 430270, 3790792; 430207, 

3790795; 430182, 3790788; 430073, 

3790707; 430065, 3790689; 430071, 

3790665; 430100, 3790639; 430150, 

3790564; 430156, 3790536; 430156, 

3790508; 430122, 3790452; 430120, 

3790432; 430139, 3790358; 430104, 

3790273; 430110, 3790223; 430097, 

3790085; 430079, 3790063; 430034, 

3790045; 430025, 3790030; 430027, 

3789916; 430004, 3789904; 429986, 

3789867; 429983, 3789774; 430007, 

3789698; 430011, 3789647; 429974, 

3789480; 429954, 3789442; 429902, 

3789418; 429882, 3789371; 429872, 

3789293; 429888, 3789218; 429848, 

3789043; 429828, 3789014; 429737, 

3789003; 429679, 3789011; 429597, 

3789060; 429571, 3789059; 429565, 

3789008; 429597, 3788931; 429615, 

3788862; 429609, 3788792; 429588, 

3788756; 429548, 3788738; 429486, 

3788739; 429425, 3788753; 429400, 

3788747; 429390, 3788730; 429386, 

3788615; 429427, 3788559; 429434, 

3788535; 429426, 3788476; 429404, 

3788454; 429367, 3788447; 429332, 

3788420; 429257, 3788319; 429244, 

3788284; 429167, 3788015; 429196, 

3787915; 429197, 3787865; 429241, 

3787810; 429254, 3787818; 429273, 

3787862; 429267, 3787885; 429278, 

3787895; 429338, 3787897; 429391, 

3787825; 429415, 3787749; 429438, 

3787736; 429504, 3787752; 429545, 

3787750; 429559, 3787694; 429597, 

3787662; 429613, 3787678; 429644, 

3787782; 429728, 3787916; 429725, 

3787959; 429734, 3788005; 429755, 

3788028; 429787, 3788035; 429826, 

3788008; 429869, 3787953; 429885, 

3787945; 429923, 3787955; 429966, 

3787932; 429973, 3787912; 430046, 

3787873; 430090, 3787883; 430152, 

3787932; 430187, 3787987; 430218, 

3787990; 430263, 3787969; 430315, 

3787932; 430390, 3787853; 430433, 

3787846; 430451, 3787850; 430474, 

3787879; 430497, 3787894; 430504, 

3787912; 430561, 3787935; 430564, 

3787958; 430625, 3787963; 430699, 

3787948; 430890, 3787996; 430894, 

3788024; 430985, 3788045; 431012, 

3788084; 431048, 3788104; 431071, 

3788147; 431068, 3788215; 431088, 

3788256; 431125, 3788286; 431153, 

3788333; 431186, 3788361; 431204, 

3788409; 431278, 3788466; 431314, 

3788478; 431357, 3788583; 431371, 

3788682; 431381, 3788708; 431414, 

3788722; 431468, 3788718; 431502, 

3788706; 431511, 3788686; 431538, 

3788675; 431566, 3788701; 431668, 

3788675; 431689, 3788678; 431721, 

3788706; 431750, 3788764; 431833, 

3788787; 431956, 3788847; 431980, 

3788843; 432026, 3788895; 432068, 

3788921; 432093, 3788921; 432124, 

3788889; 432123, 3788846; 432142, 

3788793; 432151, 3788737; 432221, 

3788706; 432267, 3788696; 432306, 

3788603; 432339, 3788585; 432353, 

3788551; 432404, 3788575; 432461, 

3788580; 432478, 3788563; 432496, 

3788520; 432567, 3788457; 432621, 

3788427; 432651, 3788423; 432676, 

3788452; 432691, 3788458; 432729, 

3788435; 432756, 3788430; 432806, 

3788441; 432844, 3788430; 432889, 

3788437; 432917, 3788426; 432963, 

3788399; 432961, 3788378; 433039, 

3788294; 433127, 3788269; 433241, 

3788259; 433280, 3788266; 433293, 

3788225; 433290, 3788183; 433301, 

3788146; 433351, 3788052; 433372, 

3788047; 433393, 3788019; 433416, 

3788027; 433582, 3788029; 433648, 

3788067; 433750, 3788057; 433768, 

3788046; 433794, 3788025; 433797, 

3788002; 433766, 3787965; 433688, 

3787961; 433635, 3787941; 433579, 

3787954; 433494, 3787940; 433435, 

3787952; 433416, 3787950; 433414, 

3787944; 433430, 3787931; 433505, 

3787925; 433529, 3787914; 433552, 

3787881; 433575, 3787867; 433579, 

3787841; 433588, 3787837; 433670, 

3787864; 433735, 3787848; 433752, 

3787837; 433760, 3787816; 433757, 

3787762; 433768, 3787756; 433833, 

3787765; 433858, 3787744; 433931, 

3787719; 433967, 3787738; 433985, 

3787734; 434103, 3787691; 434120, 

3787671; 434100, 3787644; 434069, 

3787658; 434035, 3787660; 433975, 

3787695; 433953, 3787697; 433930, 

3787671; 433904, 3787657; 433878, 

3787657; 433863, 3787678; 433862, 

3787700; 433848, 3787712; 433823, 

3787724; 433736, 3787739; 433720, 

3787761; 433720, 3787782; 433700, 

3787835; 433600, 3787812; 433576, 

3787813; 433564, 3787822; 433534, 

3787874; 433495, 3787891; 433376, 

3787907; 433358, 3787922; 433343, 

3787924; 433285, 3787988; 433269, 

3788024; 433249, 3788084; 433257, 

3788156; 433218, 3788183; 433195, 

3788215; 433141, 3788216; 433107, 

3788208; 433084, 3788222; 433049, 

3788223; 433005, 3788249; 433004, 

3788275; 432933, 3788311; 432925, 

3788358; 432889, 3788371; 432841, 

3788384; 432772, 3788369; 432721, 

3788372; 432687, 3788351; 432579, 

3788341; 432500, 3788387; 432485, 

3788412; 432339, 3788462; 432314, 

3788518; 432276, 3788549; 432252, 

3788599; 432222, 3788627; 432187, 

3788641; 432132, 3788702; 432103, 

3788705; 432087, 3788718; 432095, 

3788756; 432078, 3788809; 432034, 

3788814; 432013, 3788802; 431986, 

3788799; 431931, 3788770; 431861, 

3788758; 431805, 3788731; 431771, 

3788678; 431736, 3788640; 431707, 

3788621; 431637, 3788615; 431611, 

3788626; 431478, 3788642; 431462, 

3788632; 431430, 3788595; 431414, 

3788525; 431378, 3788451; 431339, 

3788436; 431237, 3788358; 431211, 

3788297; 431191, 3788284; 431177, 

3788258; 431166, 3788197; 431126, 

3788134; 431121, 3788096; 431094, 

3788033; 431043, 3788003; 431012, 

3787968; 430938, 3787951; 430903, 

3787950; 430880, 3787919; 430853, 

3787905; 430614, 3787885; 430593, 

3787874; 430558, 3787835; 430491, 

3787808; 430429, 3787766; 430401, 

3787761; 430383, 3787762; 430367, 

3787778; 430356, 3787801; 430229, 

3787927; 430207, 3787931; 430190, 

3787923; 430115, 3787824; 430086, 

3787799; 430065, 3787796; 430006, 

3787823; 429970, 3787857; 429859, 


jlentini on DSKJ8SOYB1PROD with RULES2
Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 78023 

3787865; 429834, 3787878; 429810, 

3787899; 429801, 3787962; 429780, 

3787966; 429766, 3787946; 429765, 

3787890; 429715, 3787816; 429669, 

3787726; 429669, 3787679; 429647, 

3787623; 429619, 3787612; 429588, 

3787618; 429545, 3787641; 429527, 

3787691; 429439, 3787700; 429390, 

3787697; 429376, 3787704; 429342, 

3787856; 429328, 3787862; 429282, 

3787789; 429251, 3787774; 429235, 

3787778; 429225, 3787794; 429196, 

3787811; 429169, 3787821; 429134, 

3787797; 429105, 3787791; 429028, 

3787792; 428994, 3787801; 428912, 

3787840; 428736, 3787948; 428650, 

3787971; 428543, 3787969; 428416, 

3787916; 428383, 3787912; 428370, 

3787919; 428270, 3787893; 428228, 

3787890; 428180, 3787902; 428161, 

3787921; 428136, 3787928; 427995, 

3787935; 427902, 3787929; 427848, 

3787944; 427759, 3787953; 427637, 

3787944; 427547, 3787956; 427455, 

3787997; 427398, 3788051; 427312, 

3788209; 427285, 3788242; 427252, 

3788261; 427190, 3788255; 427159, 

3788239; 427107, 3788192; 427075, 

3788146; 427049, 3788130; 427026, 

3788133; 426892, 3788253; 426846, 

3788272; 426754, 3788274; 426742, 

3788267; 426759, 3788219; 426761, 

3788183; 426668, 3788115; 426579, 

3788065; 426513, 3788046; 426419, 

3788037; 426378, 3788045; 426346, 

3788067; 426359, 3788097; 426361, 

3788122; 426276, 3788196; 426208, 

3788244; 426188, 3788274; 426149, 

3788300; 426044, 3788347; 425943, 

3788330; 425927, 3788337; 425916, 

3788374; 425893, 3788385; 425818, 

3788388; 425800, 3788400; 425775, 

3788470; 425675, 3788583; 425609, 

3788618; 425527, 3788634; 425462, 

3788632; 425441, 3788621; 425393, 

3788627; 425376, 3788621; 425323, 

3788636; 425037, 3788628; 424985, 

3788618; 424674, 3788622; 424542, 

3788611; 424501, 3788626; 424470, 

3788656; 424430, 3788727; 424420, 

3788757; 424414, 3788859; 424346, 

3788874; 424309, 3788917; 424283, 

3788928; 424237, 3788915; 424141, 

3788843; 424101, 3788778; 424047, 

3788758; 424024, 3788731; 423936, 

3788694; 423889, 3788675; 423855, 

3788683; 423792, 3788666; 423715, 

3788679; 423657, 3788656; 423591, 

3788642; 423558, 3788644; 423482, 

3788709; 423429, 3788709; 423398, 

3788718; 423355, 3788715; 423257, 

3788737; 423148, 3788747; 423114, 

3788737; 423006, 3788734; 422956, 

3788724; 422842, 3788621; 422777, 

3788543; 422716, 3788407; 422645, 

3788343; 422625, 3788333; 422607, 

3788342; 422572, 3788396; 422510, 

3788396; 422480, 3788384; 422459, 

3788359; 422447, 3788200; 422187, 

3788206; 422143, 3788256; 422114, 

3788323; 422106, 3788362; 422108, 

3788442; 422099, 3788475; 422059, 

3788544; 422053, 3788569; 421993, 

3788592; 421956, 3788592; 421872, 

3788625; 421825, 3788599; 421793, 

3788599; 421769, 3788606; 421738, 

3788630; 421703, 3788707; 421683, 

3788796; 421669, 3788919; 421647, 

3788967; 421644, 3789008; 421630, 

3789058; 421590, 3789110; 421533, 

3789139; 421308, 3789146; 421173, 

3789130; 421128, 3789105; 420942, 

3788933; 420906, 3788908; 420873, 

3788890; 420814, 3788867; 420779, 

3788863; 420749, 3788846; 420710, 

3788855; 420684, 3788884; 420645, 

3788946; 420615, 3788973; 420536, 

3789089; 420510, 3789186; 420509, 

3789320; 420494, 3789396; 420491, 

3789473; 420474, 3789500; 420425, 

3789474; 420374, 3789429; 420337, 

3789365; 420340, 3789316; 420326, 

3789294; 420294, 3789272; 420250, 

3789257; 420138, 3789248; 420003, 

3789258; 419923, 3789252; 419853, 

3789285; 419786, 3789332; 419741, 

3789386; 419704, 3789404; 419461, 

3789430; 419407, 3789428; 419360, 

3789420; 419219, 3789375; 419186, 

3789339; 419161, 3789326; 419055, 

3789329; 419015, 3789324; 418968, 

3789308; 418915, 3789249; 418891, 

3789195; 418855, 3789177; 418816, 

3789163; 418650, 3789149; 418607, 

3789133; 418599, 3789113; 418612, 

3789048; 418563, 3789031; 418216, 

3789060; 418148, 3789075; 418089, 

3789070; 418021, 3789109; 417980, 

3789117; 417943, 3789184; 417920, 

3789201; 417915, 3789230; 417894, 

3789239; 417855, 3789215; 417803, 

3789148; 417777, 3789132; 417712, 

3789126; 417631, 3789143; 417501, 

3789143; 417453, 3789165; 417423, 

3789196; 417406, 3789234; 417386, 

3789326; 417378, 3789492; 417331, 

3789612; 417300, 3789649; 417221, 

3789708; 417152, 3789734; 417071, 

3789778; 417019, 3789779; 416919, 

3789755; 416813, 3789767; 416725, 

3789807; 416620, 3789820; 416554, 

3789849; 416533, 3789842; 416520, 

3789817; 416518, 3789747; 416494, 

3789674; 416462, 3789651; 416414, 

3789633; 416359, 3789627; 416300, 

3789645; 416267, 3789610; 416222, 

3789513; 416188, 3789466; 416143, 

3789425; 416088, 3789394; 415979, 

3789367; 415888, 3789377; 415850, 

3789374; 415810, 3789336; 415766, 

3789254; 415735, 3789233; 415699, 

3789223; 415581, 3789239; 415534, 

3789258; 415456, 3789306; 415416, 

3789343; 415297, 3789405; 415175, 

3789354; 415131, 3789355; 415100, 

3789369; 415080, 3789394; 415076, 

3789426; 415077, 3789558; 415042, 

3789638; 414987, 3789656; 414948, 

3789655; 414839, 3789613; 414739, 

3789544; 414651, 3789552; 414538, 

3789584; 414513, 3789540; 414526, 

3789498; 414502, 3789413; 414453, 

3789342; 414382, 3789305; 414289, 

3789316; 414097, 3789361; 414057, 

3789361; 414038, 3789352; 414018, 

3789283; 414023, 3789250; 414014, 

3789228; 414000, 3789206; 413943, 

3789184; 413908, 3789183; 413861, 

3789199; 413799, 3789207; 413726, 

3789208; 413645, 3789196; 413622, 

3789209; 413584, 3789209; 413456, 

3789168; 413389, 3789164; 413366, 

3789174; 413345, 3789219; 413358, 

3789284; 413358, 3789321; 413333, 

3789320; 413273, 3789299; 413245, 

3789301; 413182, 3789331; 412981, 

3789587; 412908, 3789636; 412902, 

3789694; 412890, 3789719; 412852, 

3789707; 412778, 3789579; 412761, 

3789526; 412697, 3789461; 412673, 

3789458; 412628, 3789483; 412600, 

3789481; 412566, 3789461; 412447, 

3789267; 412375, 3789200; 412351, 

3789198; 412321, 3789211; 412310, 

3789230; 412335, 3789305; 412330, 

3789412; 412311, 3789461; 412288, 

3789572; 412272, 3789602; 412253, 

3789619; 412218, 3789627; 412187, 

3789624; 412119, 3789583; 412048, 

3789578; 411991, 3789534; 411949, 

3789489; 411905, 3789477; 411888, 

3789489; 411847, 3789550; 411801, 

3789647; 411779, 3789671; 411746, 

3789682; 411687, 3789658; 411647, 

3789615; 411600, 3789623; 411575, 

3789637; 411555, 3789657; 411528, 

3789714; 411504, 3789734; 411471, 

3789729; 411437, 3789712; 411415, 

3789688; 411341, 3789653; 411292, 

3789655; 411278, 3789678; 411340, 

3789690; 411371, 3789710; 411387, 

3789732; 411429, 3789757; 411482, 

3789778; 411516, 3789776; 411571, 

3789725; 411592, 3789680; 411627, 

3789643; 411691, 3789702; 411736, 

3789722; 411800, 3789703; 411822, 

3789676; 411872, 3789565; 411893, 

3789542; 411911, 3789534; 411966, 

3789591; 412057, 3789614; 412103, 

3789601; 412178, 3789643; thence 

returning to 412207, 3789649. 

(ii) Map of Unit 2 (San Gabriel River) 

follows: 

BILLING CODE 4310–55–P 


jlentini on DSKJ8SOYB1PROD with RULES2
78024 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 

BILLING CODE 4310–55–C 

(10) Unit 3: Big Tujunga Wash, Los 

Angeles County, California. Subunit 3A: 

Big Tujunga Wash. 

(i) From USGS 1:24,000 quadrangles 

Condor Peak and Sunland. Land 

bounded by the following UTM NAD83 

coordinates (E, N): 382996, 3796285; 

383017, 3796285; 383034, 3796298; 

383087, 3796289; 383191, 3796254; 

383559, 3796102; 383600, 3796082; 

383635, 3796047; 383703, 3796082; 

383734, 3796136; 383755, 3796384; 

383781, 3796466; 383777, 3796540; 

383809, 3796564; 383903, 3796576; 

383967, 3796569; 384008, 3796534; 

384109, 3796490; 384156, 3796427; 

384231, 3796397; 384262, 3796405; 

384403, 3796388; 384489, 3796352; 

384606, 3796287; 384699, 3796218; 

384868, 3796044; 385054, 3795886; 

385104, 3795866; 385315, 3795816; 

385436, 3795802; 385491, 3795772; 

385531, 3795766; 385564, 3795742; 

385609, 3795652; 385779, 3795429; 

385841, 3795414; 385904, 3795420; 

385979, 3795413; 386111, 3795381; 

386172, 3795359; 386263, 3795368; 

386319, 3795353; 386360, 3795315; 

386382, 3795260; 386389, 3795213; 


jlentini on DSKJ8SOYB1PROD with RULES2ER14DE10.004</MATH>
Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 78025 

386382, 3795154; 386441, 3795088; 

386507, 3794969; 386553, 3794916; 

386608, 3794869; 386734, 3794787; 

386813, 3794666; 386896, 3794603; 

387031, 3794525; 387151, 3794475; 

387441, 3794384; 387499, 3794354; 

387541, 3794313; 387568, 3794232; 

387573, 3794124; 387601, 3793982; 

387598, 3793942; 387614, 3793799; 

387625, 3793771; 387657, 3793760; 

387696, 3793761; 387716, 3793773; 

387795, 3793910; 387847, 3793922; 

387871, 3793908; 387896, 3793847; 

387907, 3793782; 387908, 3793722; 

387932, 3793650; 387975, 3793582; 

388012, 3793541; 388073, 3793494; 

388129, 3793499; 388174, 3793520; 

388209, 3793564; 388258, 3793688; 

388288, 3793714; 388338, 3793715; 

388402, 3793659; 388428, 3793606; 

388494, 3793569; 388522, 3793565; 

388552, 3793584; 388546, 3793683; 

388570, 3793714; 388659, 3793761; 

388705, 3793802; 388824, 3793836; 

388903, 3793849; 388957, 3793845; 

388990, 3793817; 388999, 3793761; 

389024, 3793700; 389049, 3793677; 

389078, 3793689; 389122, 3793742; 

389177, 3793773; 389224, 3793766; 

389264, 3793779; 389294, 3793815; 

389321, 3793868; 389355, 3793960; 

389386, 3793991; 389446, 3794026; 

389640, 3794114; 389736, 3794178; 

389803, 3794233; 389827, 3794283; 

389848, 3794307; 389875, 3794381; 

389949, 3794476; 390060, 3794507; 

390077, 3794537; 390082, 3794569; 

390076, 3794598; 390026, 3794669; 

390018, 3794703; 390021, 3794737; 

390035, 3794765; 390048, 3794828; 

390076, 3794865; 390142, 3794993; 

390227, 3795058; 390363, 3795093; 

390396, 3795130; 390441, 3795220; 

390488, 3795280; 390536, 3795324; 

390570, 3795346; 390672, 3795372; 

390677, 3795351; 390586, 3795295; 

390558, 3795246; 390534, 3795236; 

390472, 3795165; 390426, 3795069; 

390367, 3795058; 390333, 3795027; 

390254, 3794986; 390130, 3794868; 

390121, 3794835; 390129, 3794701; 

390120, 3794550; 390103, 3794507; 

390078, 3794478; 389996, 3794431; 

389971, 3794407; 389798, 3794149; 

389748, 3794041; 389697, 3793977; 

389643, 3793945; 389596, 3793936; 

389502, 3793964; 389463, 3793961; 

389416, 3793938; 389386, 3793905; 

389368, 3793802; 389353, 3793768; 

389323, 3793725; 389280, 3793685; 

389244, 3793676; 389201, 3793692; 

389154, 3793673; 389074, 3793625; 

389019, 3793607; 388987, 3793626; 

388959, 3793666; 388947, 3793775; 

388908, 3793795; 388761, 3793751; 

388652, 3793682; 388622, 3793644; 

388620, 3793556; 388601, 3793515; 

388531, 3793476; 388475, 3793461; 

388415, 3793464; 388388, 3793477; 

388389, 3793552; 388363, 3793584; 

388314, 3793598; 388275, 3793571; 

388238, 3793469; 388196, 3793418; 

388067, 3793324; 388019, 3793339; 

387938, 3793427; 387907, 3793494; 

387866, 3793735; 387838, 3793763; 

387790, 3793762; 387751, 3793744; 

387712, 3793710; 387671, 3793704; 

387622, 3793716; 387587, 3793757; 

387570, 3793834; 387534, 3794154; 

387484, 3794246; 387443, 3794295; 

387345, 3794365; 387290, 3794383; 

387262, 3794372; 387228, 3794371; 

387191, 3794382; 387110, 3794443; 

386897, 3794551; 386834, 3794593; 

386742, 3794688; 386692, 3794732; 

386658, 3794752; 386552, 3794748; 

386508, 3794753; 386478, 3794832; 

386431, 3794900; 386383, 3794936; 

386339, 3794998; 386311, 3795019; 

386279, 3795063; 386292, 3795143; 

386289, 3795174; 386275, 3795211; 

386244, 3795253; 386198, 3795269; 

386166, 3795265; 386146, 3795243; 

386091, 3795247; 386029, 3795291; 

386002, 3795300; 385985, 3795282; 

385948, 3795276; 385906, 3795275; 

385831, 3795291; 385797, 3795322; 

385753, 3795391; 385575, 3795554; 

385526, 3795612; 385396, 3795723; 

385349, 3795734; 385256, 3795732; 

385215, 3795740; 385180, 3795733; 

385150, 3795747; 385087, 3795741; 

385044, 3795770; 384915, 3795908; 

384769, 3796039; 384629, 3796186; 

384490, 3796279; 384398, 3796291; 

384356, 3796285; 384305, 3796265; 

384220, 3796275; 384168, 3796266; 

384105, 3796298; 384017, 3796368; 

384001, 3796356; 384028, 3796247; 

383996, 3796242; 383924, 3796252; 

383861, 3796248; 383838, 3796239; 

383837, 3796096; 383827, 3796042; 

383803, 3795983; 383772, 3795945; 

383736, 3795919; 383705, 3795913; 

383680, 3795916; 383659, 3795935; 

383600, 3796011; 383426, 3796105; 

383134, 3796195; 382984, 3796221; 

382943, 3796215; 382867, 3796183; 

382835, 3796188; 382750, 3796166; 

382683, 3796176; 382573, 3796151; 

382462, 3796111; 382412, 3796075; 

382309, 3796029; 382284, 3796008; 

382251, 3795948; 382168, 3795893; 

382157, 3795851; 382012, 3795759; 

381976, 3795721; 381864, 3795561; 

381781, 3795457; 381694, 3795366; 

381646, 3795321; 381414, 3795183; 

381314, 3795074; 381274, 3795052; 

381246, 3795026; 381208, 3794947; 

381199, 3794884; 381163, 3794792; 

381147, 3794701; 381104, 3794558; 

381093, 3794481; 381028, 3794321; 

380899, 3794189; 380820, 3794148; 

380727, 3794074; 380694, 3794031; 

380616, 3793882; 380566, 3793817; 

380491, 3793790; 380385, 3793681; 

380291, 3793621; 380220, 3793590; 

380148, 3793594; 379998, 3793658; 

379848, 3793662; 379523, 3793612; 

379498, 3793576; 379365, 3793493; 

379342, 3793504; 379315, 3793502; 

379257, 3793435; 379127, 3793335; 

379115, 3793308; 379070, 3793263; 

378986, 3793210; 378737, 3793111; 

378595, 3793103; 378443, 3793108; 

378425, 3793076; 378425, 3793055; 

378448, 3793039; 378467, 3793011; 

378432, 3792965; 378442, 3792914; 

378426, 3792886; 378425, 3792854; 

378373, 3792777; 378312, 3792740; 

378250, 3792727; 378216, 3792699; 

378149, 3792682; 378007, 3792602; 

377942, 3792579; 377887, 3792509; 

377833, 3792463; 377814, 3792429; 

377774, 3792416; 377723, 3792415; 

377545, 3792323; 377354, 3792337; 

377313, 3792354; 377160, 3792462; 

377109, 3792439; 377015, 3792423; 

376885, 3792437; 376807, 3792416; 

376594, 3792435; 376586, 3792371; 

376449, 3792390; 376374, 3792362; 

376354, 3792275; 376297, 3792277; 

376128, 3792311; 375855, 3792421; 

375647, 3792452; 375156, 3792505; 

374378, 3792525; 374315, 3792514; 

374205, 3792467; 374135, 3792495; 

374025, 3792494; 373930, 3792468; 

373816, 3792464; 373507, 3792544; 

373439, 3792535; 373326, 3792502; 

373329, 3792593; 373347, 3792594; 

373353, 3792617; 373351, 3792652; 

373332, 3792703; 373404, 3792794; 

373453, 3792813; 373513, 3792804; 

373568, 3792781; 373631, 3792811; 

373762, 3792815; 373911, 3792836; 

374164, 3792841; 374420, 3792866; 

374485, 3792898; 374912, 3792882; 

375040, 3792869; 375194, 3792819; 

375242, 3792831; 375323, 3792906; 

375509, 3792982; 375821, 3793046; 

376047, 3793011; 376730, 3793170; 

376797, 3793179; 377225, 3793291; 

377444, 3793267; 377491, 3793283; 

377541, 3793286; 377667, 3793268; 

378031, 3793300; 378221, 3793252; 

378372, 3793250; 378472, 3793211; 

378696, 3793234; 378920, 3793329; 

378991, 3793432; 379008, 3793477; 

379046, 3793516; 379225, 3793628; 

379249, 3793666; 379286, 3793690; 

379517, 3793761; 379539, 3793788; 

379608, 3793833; 379653, 3793836; 

379721, 3793828; 379805, 3793839; 

379974, 3793881; 380092, 3793947; 

380347, 3794052; 380449, 3794148; 

380504, 3794223; 380539, 3794236; 

380564, 3794278; 380632, 3794323; 

380705, 3794349; 380774, 3794390; 

380841, 3794416; 380868, 3794457; 

380888, 3794510; 380896, 3794615; 

380913, 3794685; 381008, 3794772; 

381074, 3794791; 381097, 3794828; 

381152, 3794971; 381170, 3795051; 

381197, 3795094; 381245, 3795134; 


jlentini on DSKJ8SOYB1PROD with RULES2
78026 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 

381300, 3795166; 381376, 3795241; 

381565, 3795367; 381622, 3795388; 

381660, 3795433; 381757, 3795521; 

381829, 3795624; 381841, 3795654; 

381848, 3795724; 381864, 3795781; 

381906, 3795862; 382000, 3795964; 

382160, 3796097; 382278, 3796158; 

382480, 3796237; 382540, 3796250; 

382728, 3796246; 382828, 3796272; 

382959, 3796289; thence returning to 

382996, 3796285. 

(ii) Map of Subunit 3A (Big Tujunga 

Wash) appears in paragraph (11)(ii) of 

this entry. 

(11) Subunit 3B: Gold Canyon, Delta 

Canyon, and Stone Canyon Creeks. 

(i) From USGS 1:24,000 quadrangles 

Condor Peak and Sunland. Land 

bounded by the following UTM NAD83 

coordinates (E, N): 382996, 3796285; 

382995, 3796335; 382966, 3796453; 

382967, 3796492; 382991, 3796511; 

383044, 3796521; 383084, 3796551; 

383116, 3796586; 383138, 3796625; 

383140, 3796654; 383109, 3796684; 

383094, 3796751; 383114, 3796789; 

383122, 3796836; 383123, 3796888; 

383109, 3796916; 383110, 3796937; 

383155, 3796938; 383164, 3796946; 

383173, 3796960; 383161, 3796988; 

383110, 3797042; 383024, 3797055; 

383011, 3797064; 382964, 3797148; 

382915, 3797171; 382770, 3797275; 

382747, 3797308; 382685, 3797339; 

382658, 3797361; 382614, 3797360; 

382492, 3797417; 382469, 3797417; 

382417, 3797457; 382380, 3797460; 

382348, 3797475; 382251, 3797482; 

382207, 3797503; 382152, 3797518; 

382114, 3797575; 382068, 3797622; 

382036, 3797677; 381991, 3797700; 

381967, 3797700; 381932, 3797717; 

381900, 3797746; 381888, 3797785; 

381895, 3797804; 381890, 3797817; 

381855, 3797820; 381836, 3797841; 

381822, 3797843; 381789, 3797814; 

381744, 3797806; 381721, 3797811; 

381649, 3797865; 381599, 3797914; 

381494, 3797919; 381429, 3797938; 

381414, 3797991; 381436, 3797991; 

381438, 3797961; 381486, 3797933; 

381521, 3797952; 381586, 3797941; 

381754, 3797831; 381789, 3797833; 

381815, 3797859; 381832, 3797863; 

381873, 3797828; 381910, 3797833; 

381922, 3797777; 381947, 3797753; 

382057, 3797706; 382089, 3797666; 

382094, 3797637; 382120, 3797603; 

382166, 3797583; 382186, 3797554; 

382256, 3797515; 382308, 3797504; 

382389, 3797501; 382419, 3797491; 

382532, 3797440; 382548, 3797416; 

382575, 3797407; 382697, 3797390; 

382819, 3797292; 382875, 3797235; 

382962, 3797209; 383014, 3797136; 

383011, 3797099; 383033, 3797068; 

383079, 3797083; 383113, 3797073; 

383146, 3797048; 383190, 3796973; 

383194, 3796947; 383179, 3796925; 

383132, 3796924; 383151, 3796897; 

383155, 3796867; 383132, 3796748; 

383138, 3796707; 383209, 3796628; 

383199, 3796569; 383174, 3796556; 

383167, 3796529; 383141, 3796518; 

383103, 3796524; 383000, 3796475; 

382997, 3796450; 383034, 3796361; 

383087, 3796289; 383034, 3796298; 

383017, 3796285; thence returning to 

382996, 3796285. Continue to 384028, 

3796247; 384053, 3796202; 384051, 

3796176; 384059, 3796152; 384135, 

3796001; 384194, 3795949; 384215, 

3795916; 384228, 3795890; 384237, 

3795827; 384251, 3795804; 384279, 

3795790; 384301, 3795761; 384369, 

3795715; 384391, 3795692; 384459, 

3795652; 384471, 3795614; 384461, 

3795548; 384473, 3795517; 384447, 

3795462; 384454, 3795405; 384443, 

3795388; 384469, 3795361; 384472, 

3795305; 384448, 3795308; 384410, 

3795277; 384359, 3795186; 384340, 

3795182; 384392, 3795278; 384394, 

3795298; 384418, 3795311; 384430, 

3795341; 384409, 3795448; 384430, 

3795467; 384430, 3795516; 384442, 

3795542; 384443, 3795581; 384428, 

3795628; 384412, 3795652; 384292, 

3795724; 384216, 3795793; 384187, 

3795926; 384171, 3795946; 384150, 

3795950; 384131, 3795966; 384082, 

3796037; 384023, 3796194; 383996, 

3796242; thence returning to 384028, 

3796247. Continue to 386146, 3795243; 

386141, 3795218; 386119, 3795182; 

386085, 3795059; 386058, 3795006; 

386064, 3794847; 386033, 3794669; 

385965, 3794586; 385935, 3794565; 

385911, 3794564; 385829, 3794527; 

385793, 3794521; 385648, 3794422; 

385617, 3794387; 385597, 3794392; 

385646, 3794454; 385681, 3794463; 

385773, 3794538; 385932, 3794625; 

386022, 3794719; 386025, 3794798; 

386004, 3794872; 386041, 3795101; 

386079, 3795179; 386091, 3795247; 

thence returning to 386146, 3795243. 

(ii) Map of Unit 3 (Big Tujunga Wash) 

follows: 

BILLING CODE 4310–55–P 


jlentini on DSKJ8SOYB1PROD with RULES2
Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 78027 

* * * * * Dated: November 29, 2010. 

Will Shafroth, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 2010–30447 Filed 12–13–10; 8:45 am] 

BILLING CODE 4310–55–C 


jlentini on DSKJ8SOYB1PROD with RULES2ER14DE10.005</MATH>