12816 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS-R8-ES-2009-0089] 

[MO 92210-0-0009-B4] 

RIN 1018-AV90 

Endangered and Threatened Wildlife 

and Plants; Revised Designation of 

Critical Habitat for the California RedLegged Frog 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), designate 

revised critical habitat for the California 

red-legged frog (Rana draytonii) under 

the Endangered Species Act of 1973, as 

amended (Act). In total, approximately 

1,636,609 acres (ac) (662,312 hectares 

(ha)) of critical habitat in 27 California 

counties fall within the boundaries of 

the final revised critical habitat 

designation. 

DATES: This rule becomes effective on 

April 16, 2010. 

ADDRESSES: This final rule, final 

economic analysis, and maps are 

available on the Internet at http:// 

www.regulations.gov and http:// 

www.fws.gov/sacramento/. 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, 

Sacramento Fish and Wildlife Office, 

2800 Cottage Way, Room W-2605, 

Sacramento, CA 95825; telephone 916– 

414–6600; or facsimile 916–414–6712. 

FOR FURTHER INFORMATION CONTACT: For 

information on the revised designation 

in general and information about the 

revised designation in Alameda, Butte, 

Calaveras, Contra Costa, El Dorado, 

Kern, Kings, Marin, southern 

Mendocino, Merced, Napa, Nevada, 

Placer, San Joaquin, San Mateo, Santa 

Clara, Solano, Sonoma, Stanislaus, and 

Yuba Counties, contact Susan Moore, 

Field Supervisor or Arnold Roessler, 

Fish and Wildlife Biologist, U.S. Fish 

and Wildlife Service, Sacramento Fish 

and Wildlife Office, 2800 Cottage Way, 

Room W–2605, Sacramento, CA 95825; 

telephone 916–414–6600; or facsimile 

916–414–6712. If you use a 

telecommunications device for the deaf 

(TDD), call the Federal Information 

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

For information about the revised 

designation in Los Angeles, Monterey, 

San Benito, San Luis Obispo, Santa 

Barbara, Santa Cruz, and Ventura 

Counties, contact Diane Noda, Field 

Supervisor, Ventura Fish and Wildlife 

Office, U.S. Fish and Wildlife Service, 

2394 Portola Road, Suite B, Ventura, CA 

93003; telephone 805–644–1766; 

facsimile 805–644–3958. 

For information about the exclusion 

of critical habitat in Riverside County, 

contact Jim Bartel, Field Supervisor, 

Carlsbad Fish and Wildlife Office, U.S. 

Fish and Wildlife Service, 6010 Hidden 

Valley Road, Suite 101, Carlsbad, CA 

92011; telephone 760–431–9440; 

facsimile 760–431–9624. 

For information about the revised 

designation in northern Mendocino 

County, contact Randy Brown, Acting 

Field Supervisor, Arcata Fish and 

Wildlife Office, U.S. Fish and Wildlife 

Service, 1655 Heindon Road, Arcata, CA 

95521; telephone 707–822–7201; 

facsimile 707–822–8411. 

SUPPLEMENTARY INFORMATION: 

Background 

It is our intent to discuss only those 

topics directly relevant to the 

designation of critical habitat for the 

California red-legged frog in this final 

rule. For more information on the 

California red-legged frog and threats 

affecting the species, refer to the final 

listing rule published in the Federal 

Register on May 23, 1996 (61 FR 25813) 

and the recovery plan for the species 

(Service 2002, pp. 1-173). 

Change in Nomenclature 

When we made the draft economic 

analysis of the proposed revised critical 

habitat for the California red-legged frog 

available on April 28, 2009 (74 FR 

19184), we proposed a nomenclature 

change to the California red-legged frog 

from Rana aurora draytonii to Rana 

draytonii and for that change to be 

published in the Code of Federal 

Regulations (CFR) when this rule 

became final. In this rule, we make that 

change and will now refer to the 

California red-legged frog by its 

accepted taxonomic name of Rana 

draytonii. 

Species Description 

The California red-legged frog is the 

largest native frog in the western United 

States. It is endemic (native and 

restricted) to California and Baja 

California, Mexico, at elevations ranging 

from sea level to approximately 5,000 

feet (ft) (1,500 meters (m)). Records of 

the California red-legged frog are known 

from Riverside County to Mendocino 

County along the Coast Range; from 

Calaveras County to Butte County in the 

Sierra Nevada; and in Baja California, 

Mexico (Grismer 2002, p. 79; Fidenci 

2004, pp. 27–29; Smith and Krofta 2005, 

pp. 4, 6; California Natural Diversity 

Database 2009 (CNDDB)). The California 

red-legged frog gains its name from the 

typically red or pink color of its 

posterior abdomen and hind legs. For a 

detailed description of the species, see 

the recovery plan for the California redlegged frog (Service 2002, pp. 1–173), 

references identified in the recovery 

plan, and information in previous 

Federal Register notices (April 13, 2006, 

71 FR 19244; March 13, 2001, 66 FR 

14626; May 23, 1996, 61 FR 25813). 

Life History 

During the breeding season, which 

typically runs from November through 

April, males call to females from the 

margins of ponds and slow streams 

(Jennings et al. 1992, p. 3). Mating most 

commonly occurs in February or March, 

but can vary depending on seasonal 

climatic patterns. The female lays a 

jellylike mass of 2,000 to 5,000 reddish 

brown eggs in the water attached to 

emergent vegetation, twigs, or other 

structure. The resulting tadpoles, which 

likely feed on algae (Dickman, 1968, pp. 

1189–1190), typically require about 3 

weeks to hatch, and another 11 to 20 

weeks to metamorphose into juvenile 

frogs. Metamorphosis, therefore, 

typically occurs from July to September, 

although some tadpoles have been 

observed to delay metamorphosis until 

the following March or April (Bobzien 

et al. 2000, p. 13; Fellers et al. 2001, pp. 

156–157). Adults are predominantly 

nocturnal, while juveniles can be active 

at any time of day (Hayes and Tennant 

1985, p. 604). 

Habitat 

California red-legged frogs live in a 

Mediterranean climate, which brings 

about temporal and spatial changes in 

habitat quality. Almost the entire 

landscape, not just breeding ponds and 

streams, may become suitable habitat for 

the adults during periods of above 

average rainfall. Conversely, habitat that 

is suitable may be drastically reduced 

during periods of prolonged drought. 

Due to this variability, population sizes 

can vary widely from year to year. 

During years when aquatic habitat 

(ponds and streams) is abundant as a 

result of adequate rainfall, the California 

red-legged frog can produce large 

numbers of dispersing young, resulting 

in an increase in the number of 

occupied sites. In contrast, the 

California red-legged frog may 

temporarily disappear from an area 

during periods of extended drought. 

Therefore, it is essential to provide for 

sites that can be recolonized by 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12817 

dispersing individuals (Semlitsch 2000, 

pp. 623, 624). 

Habitats used by the California redlegged frog typically change in extent 

and suitability in response to the 

dynamic nature of floodplain and 

fluvial processes (i.e., variable natural 

water flow and sedimentation regimes 

that create, modify, and eliminate deep 

pools, backwater areas, ponds, marshes, 

and other aquatic habitats). Rangewide, 

and even within local populations, the 

California red-legged frog uses a variety 

of areas, including aquatic, riparian, and 

upland habitats. They may complete 

their entire life cycle in a particular 

habitat (e.g., a pond is suitable for all 

life stages), or they may seek multiple 

habitat types depending on climatic 

conditions or distance between and 

availability of wetland and other 

suitably moist environments. 

Despite the California red-legged 

frog’s ability to utilize multiple habitat 

types, there are certain habitat features 

they require. Most important is a 

breeding pond, or slow-flowing stream 

reach or deep pool within a stream with 

vegetation or other material to which 

egg masses may be attached. These areas 

must hold water long enough for 

tadpoles to complete their 

metamorphosis into juvenile frogs that 

can survive outside of water. Bobzien et 

al. (2000, p. 12) observed juveniles 

inhabiting a wide variety of habitats 

while adults primarily inhabited deep 

pools. They postulated that juveniles 

might segregate themselves away from 

adults to escape predation and 

competition (see Dispersal section 

below). 

In northern California, many 

California red-legged frog populations 

occupy artificially created wetland 

environments. Historically, as natural 

wetlands and streams were converted 

for agriculture, flood control, and urban 

development, the California red-legged 

frog colonized small artificial 

impoundments, or stock ponds, created 

by cattle ranchers for the purpose of 

providing water for their cattle. Our 

understanding of the role of stock ponds 

in the conservation of the California redlegged frog has evolved since listing. 

Without these stock ponds, the range of 

the California red-legged frog would be 

more limited in this region. 

Riparian and upland habitats adjacent 

to aquatic areas used by the California 

red-legged frog are essential in 

maintaining frog populations, and for 

protecting the appropriate hydrological, 

physical, and water quality conditions 

of the aquatic areas. Riparian habitat 

includes vegetation that grows along 

banks and in the floodplains of streams 

and adjacent to ponds and that is 

dependent on the bordering water 

source for survival. Adjacent uplands 

are marked by vegetation that is not 

dependent on a nearby supply of surface 

water. The California red-legged frog 

uses both riparian and upland habitats 

for foraging, shelter, cover, and nondispersal movement (Service 2002, pp. 

14–15; Bulger et al. 2003, p. 87; Fellers 

and Kleeman 2007, p. 276). Bulger et al. 

(2003, pp. 85–95) studied the California 

red-legged frog’s terrestrial activity in 

coastal forest and grassland habitats and 

recommends at least a 328-ft (100-m) 

buffer zone for protection of adjacent 

aquatic and upland habitat, as well as 

seasonal restrictions for activities within 

this zone. In a recent study also specific 

to the California red-legged frog, Fellers 

and Kleeman (2007, pp. 278–280) 

recommend establishing zones around 

breeding habitat, non-breeding habitat, 

and migration corridors that are 

sufficient to protect function of the 

amphibian habitat. However, Fellers 

and Kleeman (2007, p. 279) discourage 

setting specific distances for these zones 

due to differences in biological or sitespecific requirements; they further state 

that any distances set for avoidance of 

upland habitat should be made on a 

case-by-case basis, taking into account 

the need to protect breeding and nonbreeding habitat as well as any 

migration corridors. Without protecting 

and maintaining the upland areas 

surrounding breeding and non-breeding 

habitats the quality of the water feature 

may deteriorate to such an extent as to 

not support the California red-legged 

frog. 

California red-legged frogs will 

disperse from their breeding habitat to 

forage and seek suitable upland and 

riparian habitat if aquatic habitat is not 

available. Tatarian (2004, p. 33) found 

the California red-legged frog inhabiting 

upland areas for 50 days at a distance 

of 302 ft (92 m) from aquatic habitat; 

Bulger et al. (2003, p. 87–89) found that 

the species is capable of inhabiting 

upland habitats within 200 ft (60 m) of 

aquatic habitat for continuous durations 

exceeding 20 days; and Rathbun et al. 

(1993, p. 15) observed a California redlegged frog inhabiting upland riparian 

habitat at distances of up to 85 ft (26 m) 

for 65 days. These upland habitat areas 

used by the California red-legged frog 

include structure that provides shade, 

moisture, and cooler temperatures. This 

structure may be natural, such as the 

spaces under boulders or rocks and 

organic debris (e.g., downed trees or 

logs), or manmade, such as certain 

industrial debris and agricultural 

features (e.g., drains, watering troughs, 

abandoned sheds, or stacks of hay or 

other vegetation). The California redlegged frog will also use small mammal 

burrows and moist leaf litter as refugia 

(areas whose climate remains habitable 

when that of the surrounding areas has 

changed) (Rathbun et al. 1993, p. 15; 

Jennings and Hayes 1994, p. 64; Fellers 

and Kleeman 2005, p. 12). 

Metapopulation Dynamics 

The life history and ecology of the 

California red-legged frog make it likely 

that this species has a metapopulation 

structure (Hanski and Gilpin 1991, pp. 

3-16). A metapopulation is a set of 

breeding sites within an area, where 

typical migration from one local 

occurrence or breeding site to other 

areas containing suitable habitat is 

possible, but not routine. Within this 

rule we refer to these local occurrences 

as populations. The movement (i.e., 

dispersal) of frogs between areas 

containing suitable upland and aquatic 

habitats is restricted due to inhospitable 

conditions around and between areas of 

suitable habitats. Because many of the 

areas of suitable habitats may be small 

and support small numbers of frogs, 

local extinction of these small 

populations may be common. The 

persistence of a metapopulation 

depends on the combined dynamics of 

these local extinctions and the 

subsequent recolonization of these areas 

through dispersal (Hanski and Gilpin 

1991, pp. 3-16; Hanski 1994, pp. 151- 

162). Maintaining corridors for dispersal 

between breeding and non-breeding 

habitat and between populations is 

essential in preserving the population 

structure of the California red-legged 

frog. 

Dispersal 

Adult California red-legged frogs may 

disperse from breeding sites at any time 

of year depending on habitat availability 

and the environmental conditions of the 

aquatic habitat. In addition, a few frogs 

may disperse long distances in search of 

additional breeding or non-breeding 

habitat. Dispersing adult California redlegged frogs in northern Santa Cruz 

County traveled distances of 0.25 mile 

(mi) (0.4 kilometers (km)) to more than 

2.0 mi (3.2 km) without apparent regard 

to topography, vegetation type, or 

riparian corridors (Bulger et al. 2003, p. 

90). California red-legged frogs have also 

been tracked using radio telemetry in 

East Las Virgenes Creek, Ventura 

County, which is characterized by a 

well-defined creek and riparian zone 

with permanent deep pools and highly 

variable rainfall (Smith 2005, p. 1). The 

maximum distance moved in this study 

was 48 ft (15 m) (Smith 2005, p. 1). In 

contrast, California red-legged frog 


sroberts on DSKD5P82C1PROD with RULES
12818 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

movements in Santa Cruz County in 

similar habitat were found to be 

substantially less, with typical 

movements of 9 to 16 ft (3 to 5 m) from 

the water’s edge. In a study in Marin 

County, 123 California red-legged frogs 

were tracked using radio telemetry 

between 1997 and 2003 at 8 different 

sites within the Point Reyes National 

Seashore and Golden Gate National 

Recreation Area (Fellers and Kleeman 

2007, p. 277). The habitat at the sites 

included permanent ponds, seasonal 

ponds, permanent marsh, and a seasonal 

seep. The majority of movement was 

small scale (less than 98 ft (30 m)) and 

considered non-dispersal. Movements of 

greater than 98 ft (30 m) occurred 

mostly during winter rain events; 

however, some movements did occur 

when the ponded habitat was almost 

dry (Fellers and Kleeman 2007, p. 279). 

The majority of California red-legged 

frogs dispersed less than 1,640 ft (500 

m) away from breeding habitat, and the 

maximum dispersal distance recorded 

was 1.7 mi (2.8 km) (Fellers and 

Kleeman 2007, pp. 279–280). The study 

concluded that most California redlegged frogs move away from breeding 

sites, but only a few disperse farther 

than the nearest non-breeding habitat, 

and that the distance moved is highly 

dependent on site conditions and local 

landscapes (Fellers and Kleeman 2007, 

p. 284). The study also concluded that, 

by establishing a generic dispersal 

distance for the species, we may select 

for sedentary frogs and thus lose those 

individuals that disperse farthest and 

reach other distant breeding sites. This 

selection may thereby decrease genetic 

exchange and diversity (Fellers and 

Kleeman 2007, p. 285). As a result the 

authors recommend that the average 

dispersal or migration distances 

identified in the study not be used; site 

conditions should dictate the area 

needed for the species. 

Newly metamorphosed juveniles tend 

to disperse short distances initially from 

July through September, and then move 

farther away from the breeding habitat 

during warm rain events (Jennings 2000, 

p. 1). Additionally, and for reasons that 

are unclear, juveniles tend to disperse 

away from aquatic habitat occupied by 

adults. Juvenile dispersal is essential for 

recolonizing temporarily extirpated 

habitat and for preventing genetic 

isolation because juveniles disperse in 

more directions, and for longer 

distances, than do migrating adults 

(Wright 1999, p. 2; Bulger et al. 2003, p. 

94). Dispersal habitat for juveniles can 

be any habitat that provides sheltering 

vegetation and scattered wetlands or 

streams, including forested areas, 

nonnative grasslands, croplands, and 

pastures. It is unlikely that juveniles 

disperse through urbanized or suburban 

areas, suburban developments, or areas 

separated from breeding habitat by 

impassible barriers. Juveniles dispersing 

along riparian corridors may have 

higher survivorship, as sheltering 

vegetation and suitable aquatic habitat 

are both more common in such 

corridors (Jennings 2000, p. 1). Finally, 

juvenile California red-legged frogs 

appear to have less strict requirements 

for aquatic habitat than adults, and tend 

to segregate away from adults in water 

bodies that are shallower or faster 

moving than those typically used for 

breeding (Hayes and Jennings 1988, p. 

147; Bobzien 2000, p. 1; M. Jennings 

2000, p. 1). 

Dispersal Barriers 

Impassible barriers that impact 

dispersal of the California red-legged 

frog include wide or fast-flowing rivers 

and streams, lakes greater than 50 ac (20 

ha), and heavily traveled roads (such as 

highways or freeways) without 

underpasses or culverts (Reh and Seitz 

1990, pp. 247, 248; Fahrig et al. 1995, 

pp. 179–181). Passable roadways that 

are heavily used by vehicles may also 

result in a high rate of mortality for 

California red-legged frog adults and 

juveniles, and other amphibians, 

thereby limiting dispersal capabilities 

(Glista et al. 2008, pp. 81–82). 

The long-term probability of the 

survival and recovery of the California 

red-legged frog is dependent upon the 

protection of existing breeding habitat 

and associated uplands (Fellers and 

Kleeman 2005, pp. 1, 17–18), the 

movement of individuals between 

aquatic habitat patches, and the ability 

to recolonize newly created or vacated 

habitats. Recolonization of vacant 

habitat patches, which is vital to 

maintaining the California red-legged 

frog populations and the recovery of this 

species, is dependent upon landscape 

characteristics, including appropriate 

distances between suitable breeding and 

non-breeding aquatic habitat, and 

limited fragmentation of interconnecting 

habitat (Vos and Chardon 1998, pp. 44, 

53–56). For this rule, we based our 

designation of critical habitat on areas of 

high-quality habitat that we determined 

provide for persistence of California redlegged frog populations and allow for 

dispersal within, and in most cases 

between, populations. We did not 

designate areas subject to anthropogenic 

activities (e.g., urban development) or 

those that were fragmented or unlikely 

to be restorable (poor quality habitat) 

unless it was determined that these 

areas were unique for the species (for 

more information, see the Criteria Used 

to Identify Critical Habitat section 

below). 

Previous Federal Action 

On July 20, 2007, we announced that 

we would review the April 13, 2006, 

final rule (published at 71 FR 19243) 

designating critical habitat for the 

California red-legged frog under the Act 

(16 U.S.C. 1531 et seq.)(Service 2007a, 

pp. 1–2), after questions were raised 

about the integrity of scientific 

information used and whether the 

decision made was consistent with the 

appropriate legal standards. Based on 

our review of the 2006 final critical 

habitat designation, we determined it 

was necessary to revise the critical 

habitat; however, no specific dates for 

completing such revision were 

established. Subsequently, the Center 

for Biological Diversity filed a 

complaint in the U.S. District Court for 

the Northern District of California on 

December 12, 2007, challenging our 

designation of critical habitat for the 

California red-legged frog (Center for 

Biological Diversity v. Kempthorne, et 

al., Case No. C-07-6404-WHA). The 

court entered a consent decree on April 

2, 2008, requiring a proposed revised 

critical habitat rule to be submitted to 

the Federal Register by August 29, 

2008, and a final revised critical habitat 

designation to be submitted to the 

Federal Register by August 31, 2009. On 

September 16, 2008, we published in 

the Federal Register a proposed revised 

rule to designate critical habitat for the 

California red-legged frog (73 FR 53491). 

We published a document in the 

Federal Register on April 28, 2009 (74 

FR 19184): (1) Reopening the public 

comment period on the revised 

proposed rule to designate critical 

habitat for the California red-legged frog 

(73 FR 53491); (2) announcing the 

availability of a draft economic analysis 

(DEA) of the proposed rule to revise 

critical habitat; (3) proposing boundary 

changes to Unit MEN-1 to better reflect 

the occupied habitat for the species; and 

(4) proposing a change to the taxonomic 

nomenclature for the species. The 

public comment period closed on May 

28, 2009. 

The comments received on our DEA 

(IEc 2009a) during the April 28 to May 

28, 2009, public comment period led us 

to revise the DEA (IEc 2009b). To allow 

public comment on the revised DEA, an 

extension to the publication deadline of 

the final determination of critical 

habitat was required. On August 31, 

2009, a consent decree was signed by 

the court extending the deadline for the 

final revised designation of critical 

habitat for the California red-legged frog 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12819 

to March 1, 2010. On October 8, 2009, 

we published a document in the Federal 

Register (74 FR 51825) announcing the 

availability of the revised DEA. We 

reopened the comment period for an 

additional 30 days to allow all 

interested parties an opportunity to 

comment simultaneously on the 

proposed revision of critical habitat and 

the associated revised DEA. This rule 

represents our final revised designation 

of critical habitat in compliance with 

the court order. 

Summary of Comments and 

Recommendations 

We requested written comments from 

the public and peer reviewers during 

three comment periods on the proposed 

rule to revise critical habitat for the 

California red-legged frog. The first 

comment period opened September 16, 

2008 (73 FR 53491), and closed 

November 17, 2008. The second 

comment period opened April 28, 2009 

(74 FR 19184), and closed May 28, 2009. 

The third comment period opened 

October 8, 2009 (74 FR 51825), and 

closed November 9, 2009. During these 

three comment periods, we contacted 

appropriate Federal, State, and local 

agencies; scientific organizations; and 

other interested parties and invited 

them to comment on the proposed rule 

to revise critical habitat for the 

California red-legged frog and the 

associated DEA. We did not receive any 

requests for public hearings during 

these comment periods. We did, 

however, receive a request to attend a 

public meeting in San Andreas, 

California held on October 30, 2008. 

During the public meeting, we provided 

information and answered questions 

regarding the designation and exclusion 

processes. 

During the three comment periods we 

received a total of 113 public comments 

directly addressing the proposed 

revision of critical habitat. In addition 

we received four responses from peer 

reviewers we solicited to comment on 

the proposed revised designation. 

During the first comment period we 

received 80 comments directly 

addressing the proposed revision of 

critical habitat for the California redlegged frog. During the second comment 

period, we received 19 new comments 

directly addressing the proposed 

revision of critical habitat for the 

California red-legged frog and the DEA; 

and during the third comment period 

we received an additional 12 comments 

addressing the proposed revision of 

critical habitat for the California redlegged frog and the DEA. 

Peer Review 

In accordance with our policy 

published in the Federal Register on 

July 1, 1994 (59 FR 34270), we solicited 

expert opinions from five 

knowledgeable individuals with 

scientific expertise that included 

familiarity with the California redlegged frog, the geographic region in 

which the species occurs, and 

conservation biology principles. We 

received responses from four of the peer 

reviewers. 

We reviewed all comments received 

from the peer reviewers and the public 

for substantive issues and new 

information regarding critical habitat for 

the California red-legged frog. These 

comments are addressed below and 

incorporated into the final rule as 

appropriate. 

Peer Review Comments 

Comment (1): One peer reviewer 

stated that the Service used a reasonable 

approach in determining the critical 

habitat boundaries for the California 

red-legged frog by looking at the core 

recovery areas as identified in the 2002 

recovery plan. The reviewer also said 

the Service appropriately evaluated the 

metapopulation dynamics, unoccupied 

areas, dispersal, and connectivity of 

habitat for the California red-legged frog. 

The peer reviewer concurred with our 

proposal to raise the California redlegged frog to full species level. 

However, the peer reviewer went on to 

say that the current designation 

represents only a relatively small 

proportion of the historic geographic 

range of the species and that it is 

unknown if the California red-legged 

frog can survive long-term in such a 

reduced range. 

Response: In this current revised 

designation, we acknowledge that we 

did not include all areas where the 

California red-legged frog occurs and 

that areas outside the designation either: 

(1) Do not contain essential habitat 

features, or (2) are not essential to the 

conservation of the species. We believe 

it is important, however, to note that 

critical habitat designation is a different 

process than development of a longterm management plan such as a 

recovery plan. A critical habitat 

designation is a specific regulatory 

action that defines particular areas as 

critical habitat in accordance with the 

statutory definition. Our revised 

methodology incorporates new 

information to best identify areas that 

meet the definition of critical habitat. As 

a result, the final revised critical habitat 

designation does not include, for 

example, all areas that the 2002 

recovery plan identified as necessary for 

the conservation of the California redlegged frog. Therefore, we believe this 

final revised critical habitat designation 

more precisely maps the essential 

physical and biological features that 

occur within the geographical area 

occupied by the California red-legged 

frog at the time of listing, and includes 

those areas containing the most suitable 

habitat for use by the frog. 

Comment (2): One peer reviewer 

stated that, although the review of 

dispersal capabilities of the frog were 

well discussed, it should be noted that 

the studies of dispersal capabilities rely 

on relatively few individuals and likely 

miss the relatively rare long-range 

distance dispersers. The peer reviewer 

also mentioned that the Service did not 

discuss whether dispersal events 

actually result in geneflow between 

metapopulations. 

Response: We believe we have 

reviewed the most recent scientific 

information on frog dispersal 

capabilities of the California red-legged 

frog and have used this information 

appropriately in our designation of 

critical habitat. We acknowledge that 

the California red-legged frog may 

disperse beyond the dispersal distance 

of 1 mi (1.6 km) identified in the 

designation (Bulger et al. 1999, p. 11; 

Fellers and Kleeman 2007, pp. 279– 

280). However, as stated by the peer 

reviewer, these long distance 

movements are rare and represent the 

exception to dispersal events for the 

species. In addition, the designation is 

not based solely on the 1-mi (1.6-km) 

dispersal distance but is based on 

habitat features and watershed 

boundaries that we have determined are 

connected to those areas where the 

California red-legged frog occurs. We 

have, therefore, included areas in this 

designation beyond the strict 1-mi (1.6- 

km) distance. We are currently unaware 

of any completed genetic studies 

regarding the genetic exchange between 

frog populations and at what distance 

this genetic exchange is considered to 

be limited and not important for the 

species. Our methodology to include the 

habitat areas surrounding known 

populations, as well as to connect 

adjacent populations together into 

discernable units, most likely allows for 

such genetic exchange. 

Comment (3): One peer reviewer 

applauded our decision to reevaluate 

the 2006 designation, but stated that the 

Service should incorporate the 2001 

designation into our analysis and 

remove areas identified in the 2001 

designation only if the Service has 

justifiable scientific information or if it 

can be shown that the 2001 designation 


sroberts on DSKD5P82C1PROD with RULES
12820 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

was inaccurate. The same peer reviewer 

mentioned that the Service should 

review the units within Sonoma County 

to ensure that they include all uplands 

within 1 mi (1.6 km). The peer reviewer 

also stated that the entire Sonoma 

Mountain area from Annadel State Park 

to Sears Point/Highway 37 area should 

be designated as this area has more than 

15 records of the California red-legged 

frog, most of which are breeding sites. 

The peer reviewer went on to mention 

that Unit SON-3 should be connected to 

Unit MRN-2 in Marin County to provide 

connectivity between units based on 

habitat availability and recent 

documentation of new California redlegged frog records within the area. 

Response: We agree with the peer 

reviewer that habitat connectivity is 

important to allow for movement 

between California red-legged frog 

populations and to maintain genetic 

variation. We are aware of the extensive 

amount of scientific evidence 

illustrating the importance of habitat 

connectivity, and we considered this 

information during the development of 

this critical habitat designation. We 

acknowledge that areas potentially 

providing connectivity between units 

were included in the 2001 critical 

habitat designation; however, based on 

our reevaluation of the data available at 

the time of the 2001 designation, data 

obtained since, and our revised 

methodology for delineating critical 

habitat, we find that those areas do not 

meet the definition of critical habitat 

because the available data do not 

identify specific areas between these 

units that contain the physical or 

biological features essential to the 

conservation of the California red-legged 

frog. The 2001 designation was based on 

large-scale watershed boundaries and 

not the local watershed boundaries in 

this designation. We believe the use of 

the local watershed boundaries is more 

appropriate based on dispersal 

capabilities of the species and the 

information known on occupancy. The 

area surrounding the Sonoma and Marin 

County units includes developed areas, 

dairies, and ranchland. We evaluated 

the areas within the 1-mi (1.6-km) 

distance from the Sonoma and Marin 

County occurrence records and 

potential breeding habitats and 

determined that for the most part these 

areas, although likely used by the frog, 

do not meet our criteria established for 

this designation. We focused our 

designation to encompass areas that 

support viable (self-sustaining or 

increasing) populations, areas that 

represent portions of the geographic 

extent of the species within the core 

areas identified in the 2002 recovery 

plan, and any other unique habitats. We 

did not include all the areas occupied 

by the California red-legged frog. For 

more information on our criteria for 

designating critical habitat for the 

California red-legged frog see the 

Criteria Used To Identify Critical 

Habitat section below. 

Comment (4): One peer reviewer 

commented on Unit MEN-1 (as 

identified in the September 2008 

proposed revised designation), saying 

that it includes northern red-legged 

frogs (Rana aurora) or hybrids between 

the northern red-legged frog and the 

California red-legged frog. The peer 

reviewer stated that hybrids between the 

two species occur as far south as 

Manchester State Beach, but that the 

exact zone of hybridization and its 

importance to either species is 

unknown. 

Response: As stated in our April 28, 

2009, Federal Register publication 

announcing the availability of the draft 

economic analysis (74 FR 19184), we 

revised Unit MEN-1 to better reflect new 

species occurrence data within the area 

and the habitat surrounding those 

records. On further review of the unit, 

we further adjusted the boundaries to 

include only known California redlegged frog records and not hybrid 

northern red-legged frog records. The 

unit currently includes the habitat from 

Manchester State Beach south to 

Riverside Road. Unit MEN-1 represents 

the northern extent of the California redlegged frog within the North Coast of 

California and likely represents a 

unique genetic component of the 

species. 

Comment (5): One peer reviewer 

concluded that it is unclear whether the 

Service considered climate change in 

the current designation and what effects 

climate change may have on the 

California red-legged frog’s habitat in 

the future. 

Response: We acknowledge that 

climate change may alter the suitability 

of the California red-legged frog’s 

habitat in the future. However, we are 

required to designate critical habitat 

based upon the best available scientific 

data at the time that we finalize the 

designation. For species like the 

California red-legged frog, we conclude 

relatively higher elevation and moister 

habitat is likely to become increasingly 

important in the face of climate changes. 

The designated critical habitat units 

include areas distributed across the 

species range from southern California 

to Butte and Mendocino County in 

northern California and vary from 

coastal sea-level locations to interior 

Coast Range areas and higher elevation 

locations in the Sierra Nevada 

Mountains. The variability of 

environmental conditions at locations 

across the range of the species would 

likely become more important to the 

extent that California red-legged frog 

distribution and habitat may shift 

upward in elevation and northward in 

distribution as temperatures increase 

and precipitation becomes more 

variable due to climate change. 

However, at this point in time, reliable 

projections of future climatic conditions 

and how those conditions may affect the 

California red-legged frog’s distribution 

and habitat in California are not 

available. Consequently, we find it 

appropriate to designate critical habitat 

for the California red-legged frog in 

areas occupied by the species that 

currently contain the physical and 

biological features or the areas essential 

to the conservation of the California redlegged. Revisions to the critical habitat 

designation may be necessary in the 

future to accommodate shifts in the 

occupied range of the California redlegged frog. 

Comments from Department of Defense 

Comment (6): The Department of The 

Army, the National Guard Bureau, and 

the California Army National Guard 

commented that we should exclude 

Camp San Luis Obispo (CSLO) from 

critical habitat designation for the 

California red-legged frog under section 

4(b)(2) of the Act, for reasons including 

national security and economic impacts. 

Response: The Secretary has 

determined to exercise his discretion 

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

exclude lands at CSLO from this final 

designation due to potential impacts on 

national security (see Application of 

Section 4(b)(2) – Impacts to National 

Security section). 

Comment (7): The Department of the 

Air Force commented that we should 

exclude Vandenberg Air Force Base 

(VAFB) from critical habitat designation 

for the California red-legged frog under 

section 4(b)(2) of the Act, for reasons 

including impacts on national security, 

and under section 4(a)(3)(B)(i) of the 

Act, for operating under a draft 

Integrated Natural Resources 

Management Plan (INRMP). 

Response: The Secretary has 

determined to exercise his discretion 

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

exclude lands at VAFB from this final 

designation due to potential impacts on 

national security (see Application of 

Section 4(b)(2) – Impacts to National 

Security section). 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12821 

Public Comments 

Comments Related to Site-Specific 

Areas or Issues 

Comment (8): Four commenters 

opposed designation of parts or all of 

proposed Unit CAL-1 because they 

believe that the majority of the area 

constitutes poor habitat for the 

California red-legged frog. Six 

commenters stated that most of the area 

is too dry for the California red-legged 

frog to occur, and that most ponds and 

streams are dry for 4 to 5 months of the 

year. Two commenters noted that 

perennial ponds and streams support 

populations of predatory fish and 

bullfrogs and would not support 

California red-legged frogs. 

Response: We consider Unit CAL-1 to 

contain high-quality habitat because it 

contains the physical and biological 

features essential to the conservation of 

the species and has not been subject to 

fragmentation due to development. The 

habitat within the unit includes areas of 

aquatic breeding habitat that hold water 

for a minimum of 20 weeks in all but 

the driest years, areas of non-breeding 

aquatic habitat, and areas of upland and 

dispersal habitat within 1 mi (1.6 km) of 

aquatic habitat. The California redlegged frog is adapted to dry 

environments. The drying of 

watercourses and ponds is beneficial in 

that it precludes the use of these 

habitats by bullfrogs and predatory fish. 

While water bodies free of bullfrogs and 

predatory fish would be optimal, the 

California red-legged frog can persist in 

the presence of both of these predators 

under specific conditions such as occur 

within Unit CAL-1. In aquatic systems 

subject to seasonal drying, it may be 

difficult for bullfrogs to become 

established. As discussed in the 

background section of the proposed 

revised critical habitat rule, Doubledee 

et al. (2003, pp. 424–438) studied the 

relationship between bullfrogs and 

California red-legged frog persistence. 

That study showed that bullfrogs and 

California red-legged frogs can coexist 

and persist under certain natural and 

managed regimes. Additionally, 

periodic drying may prevent nonnative 

warm water fish from becoming 

established as well. Alvarez et al. (2003, 

pp. 9–12) presented evidence that 

nonnative predatory fish can have a 

significant effect on juvenile California 

red-legged frog survival in ponds where 

they co-occur. Of 90 ponds surveyed in 

the Los Vaqueros watershed in Contra 

Costa County, 7 were found to have 

nonnative fish. Over 3 years, one or 

more ponds with nonnative fish were 

repeatedly drained, and all fish were 

exhaustively removed. Compared to 

surveys conducted before fish removal, 

surveys conducted after fish removal 

and pond recharge showed juvenile and 

adult California red-legged frog 

abundance increased dramatically. This 

suggests a strong link between 

nonnative fish presence and decreased 

California red-legged frog survival. The 

California red-legged frog is adapted to 

the drying of its aquatic habitat. 

Moreover, this drying assists the frog by 

eliminating potential predators and 

competition for resources. 

Comment (9): Nine commenters stated 

that the data on the California redlegged frog population in Unit CAL-1 

are not sufficient to justify critical 

habitat designation throughout the unit. 

Five of these claimed there is no 

information to indicate the population 

still exists, while others noted they had 

never seen such frogs within the unit 

despite long residence and experience 

with catching bullfrogs in the area. One 

commenter questioned the validity of 

California red-legged frog occurrence as 

being natural and suggested that the 

California red-legged frog was 

potentially introduced to the area. One 

commenter asked why the unit extends 

2.2 mi (3.5 km) from the frog population 

despite our PCEs, which restrict the 

extent of upland and dispersal habitat. 

Another commenter specifically noted 

the importance of the California redlegged frog population at Unit CAL-1 on 

the grounds that it is one of only six 

remaining in the Sierra foothills. 

Response: We consider this 

population to be important to the 

conservation of the California red-legged 

frog because it is one of six remaining 

populations in the Sierra Nevada 

foothills, which is a historical portion of 

the species’ range (Service 2002, p. 5). 

Such peripheral populations may also 

have unusual genetic characteristics that 

could prove useful in maintaining the 

genetic variability of the species (Gilpin 

and Soule 1986, p. 32). Species that are 

able to maintain their genetic variability 

can more easily adapt to environmental 

changes and therefore be less prone to 

extirpation or extinction. The California 

Natural Diversity Database (2009) 

indicates the California red-legged frog 

population was seen relatively recently, 

and we have no evidence to suggest it 

is no longer extant. Information 

available to the Service confirms the 

species’ presence as recently as October 

2008. We consider repeated and 

comprehensive surveys by trained 

personnel to be necessary to conclude a 

population has been extirpated. Based 

on the information available on the 

sighting and circumstances surrounding 

the discovery of California red-legged 

frogs, we have no reason to question the 

validity of the record as being a natural 

occurrence. Also, regardless of whether 

the population of California red-legged 

frogs was introduced to the area, it is 

still considered a listed species under 

the Act and still receives the protections 

of a listed entity. 

The size of Unit CAL-1 reflects our 

methodology and criteria for mapping 

the critical habitat units. We based the 

proposed boundaries of the unit on the 

local watershed boundaries where 

California red-legged frogs have been 

sighted. However, in response to public 

comments and site visits by Service 

staff, we revised the boundaries of the 

unit to better reflect the available habitat 

within the area and the locations used 

by the California red-legged frog. As a 

result, we revised the extent of the unit 

and removed those areas that we 

determined do not contain the physical 

and biological features essential for 

conservation of the California red-legged 

frog. 

Comment (10): Two commenters 

noted that Unit CAL-1 is outside the 

core recovery area identified by the 

recovery plan (Service 2002, p. 132). 

One additional commenter asked if 

surveys had established local salinity or 

temperature levels, or if a habitat 

suitability index had been established 

for the area. 

Response: We recognize this 

designation is different than what is 

outlined as essential habitat in the 2002 

recovery plan (which largely adopted 

the boundary delineated in the 2001 

critical habitat designation (66 FR 

14625; March 13, 2001)). While we 

believe the 2001 designation and the 

2002 recovery plan are important for 

determining the extent of habitat use by 

the California red-legged frog, we have 

significantly more data available today 

than when we finalized 2001 critical 

habitat designation and the 2002 

Recovery Plan. We have utilized the 

currently available data to more 

precisely identify areas meeting the 

definition of critical habitat, in 

particular, areas related to connectivity. 

We include such areas in this 

designation where the data support the 

determination that such areas contain 

the physical and biological features 

essential to the conservation of the 

species. We believe it is important to 

note that critical habitat designation is 

a different process than development of 

a recovery plan. A critical habitat 

designation is a specific regulatory 

action that defines specific areas as 

critical habitat in accordance with the 

statutory definition. A recovery plan is 

a guidance document, developed in 

cooperation with partners, that provides 

a roadmap with detailed site-specific 


sroberts on DSKD5P82C1PROD with RULES
12822 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

management actions to help conserve 

listed species and their ecosystems. The 

term ‘‘essential,’’ as used in the recovery 

plan, is not necessarily used in the same 

manner as it is used in the definition of 

critical habitat (section 3(5) of the Act). 

The recovery plan provides important 

information about the species and the 

actions that are needed to bring about its 

recovery, while critical habitat identifies 

specific areas that are essential for the 

species’ conservation. In addition, 

although Unit CAL-1 is outside the core 

recovery area established for Calaveras 

County by the recovery plan, that plan 

was completed in 2002, and could not 

account for the discovery of the 

California red-legged frog population in 

2003. 

We have not conducted water quality 

surveys or developed habitat suitability 

index models for proposed critical 

habitat units. The extent of the 

designation would make these efforts 

impractical. We have determined that 

specific water salinity or other water 

monitoring aspects are not necessary 

because the California red-legged frog is 

recently confirmed to be occupying the 

area and the landowner maintains 

suitable habitat as a result of agreements 

with the Service. Based on the best 

scientific information available to us at 

this time, we believe that the area 

within Unit CAL-1 that we are 

designating as critical habitat for the 

California red-legged frog is appropriate 

and necessary. 

Comment (11): Five commenters 

indicated we could do more for 

California red-legged frog conservation 

by pursuing conservation agreements 

with landowners in the vicinity of Unit 

CAL-1, rather than by designating the 

unit. Thirty-five signatories of a form 

letter indicated they would be less 

likely to participate in conservation 

partnership projects with us in the 

future if we designate this unit. 

Response: Although we are aware that 

the establishment of partnerships with 

private landowners is essential to the 

conservation of many species including 

the California red-legged frog, we are 

not able to forego the designation of 

critical habitat based on the possibility 

of establishing conservation 

partnerships in the future. We must 

adequately weigh the benefits, pursuant 

to section 4(b)(2) of the Act, for 

conserving the California red-legged frog 

and its habitat from the partnerships 

and resulting conservation programs 

and plans relative to the regulatory 

benefits of designating the specific areas 

as critical habitat. Despite our exclusion 

of this unit in our 2006 final critical 

habitat designation (71 FR 19243), 

landowners wishing to build 

partnerships have not approached us 

despite our efforts to establish such 

willing partnerships with landowners. It 

was not until after we published our 

proposed revised designation on 

September 16, 2008 (73 FR 53491), that 

landowners within Unit CAL-1 

contacted us regarding developing 

potential partnerships. On October 30, 

2008, we attended a public meeting in 

San Andreas, California, to provide 

information on the proposed revised 

designation, and we were subsequently 

approached by several landowners 

interested in forming partnerships and 

working with the Service on 

conservation measures for the California 

red-legged frog on their private 

property. However, due to the short 

court-ordered timeframe of this action, 

we have not been able to finalize any 

agreements or management plans for the 

frog or its habitat with these 

landowners. We have, however, been 

able to meet with these landowners 

during site visits to discuss potential 

habitat restoration activities or other 

conservation measures for the California 

red-legged frog on their properties. We 

will continue to work with local 

landowners and seek new partnerships 

regarding the frog in the future. 

Comment (12): Ten commenters, and 

an additional 35 signatories of a form 

letter, requested exclusion of Unit CAL1 under section 4(b)(2) of the Act. They 

stated that the benefits of such 

exclusion would outweigh the benefits 

of designation for the following reasons: 

(1) Routine grazing practices benefit 

the California red-legged frog, and 

designation would increase the 

liabilities on such practices; 

(2) Designation would trigger review 

of Farm Bill conservation grant projects 

under section 7 of the Act, thereby 

decreasing the incentive to apply for 

such grants; 

(3) Designation negatively impacts 

landowners but provides little benefit to 

the species; 

(4) Much of the land in the unit is 

already protected by incentives under 

the Williamson Act to keep the land in 

agricultural uses; 

(5) Designation could impact water 

deliveries to farmers and interfere with 

road repair, the clearing of logjams from 

streams, and other infrastructure 

maintenance; 

(6) Designation would limit 

development and the planting of crops; 

and 

(7) Designation would lower property 

values. 

Response: We finalized a special rule 

under section 4(d) of the Act for the 

California red-legged frog in 2006 (71 FR 

19243; April 13, 2006) that exempts 

routine ranching operations from the 

take prohibitions of the Act. We 

recognize livestock ranching as a 

dynamic process, which requires the 

ability to adapt to changing 

environmental and economic 

conditions. However, many of the 

activities essential to successful 

ranching are considered routine, and are 

undertaken at various times and places 

throughout the year as need dictates. 

Although the 4(d) special rule is not 

intended to provide a comprehensive 

list of those ranching activities 

considered routine, some examples 

include: maintenance of stock ponds; 

fence construction for grazing 

management; planting, harvest, and 

rotation of unirrigated forage crops; 

maintenance and construction of 

corrals, ranch buildings, and roads; 

discing of field sections for fire 

prevention management; control of 

noxious weeds by prescribed fire or by 

herbicides; placement of mineral 

supplements; and rodent control. The 

final version of the 4(d) special rule 

includes an expanded definition of 

routine ranching practices and 

incorporates additional activities we 

believe are consistent with the 

conservation of the California red-legged 

frog. These activities are those that may 

provide conservation benefits to the 

California red-legged frog. The ranching 

activities listed in the 2006 final critical 

habitat designation (71 FR 19243; April 

13, 2006) are examples of practices that 

we understand are routine to managing 

an active ranching operation. Our 

intention is not to limit activities that 

may be necessary to the operation of a 

ranch. As a result of implementing the 

4(d) special rule, we are unaware of any 

increased liabilities associated with 

ranching operations having a higher 

liability than those areas not dedicated 

to ranching. 

The final economic analysis (EA) 

prepared for this designation calculates 

the impact of critical habitat on 

agricultural land values by measuring 

its effect on the likelihood and 

profitability of residential and 

commercial development. One comment 

stated that farm subsidies may trigger a 

consultation under section 7 of the Act 

and that these costs should be included 

in the final EA. This linkage is 

speculative, and there is no instance of 

a farm subsidy being used as the basis 

for a consultation with the Service. 

Further, activities including discing, 

plowing, irrigation, chemical 

application, harvesting, and others that 

are part of normal agricultural 

operations are also unlikely to trigger a 

section 7 consultation. Incremental 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12823 

costs to farming operations may result 

from construction of stream crossings, 

water diversion, and sediment and 

debris removal; these costs are 

discussed in the final economic 

analysis. Existing regulatory 

mechanisms such as the California Land 

Conservation Act of 1965 (commonly 

referred to as the Williamson Act) may 

afford some regulatory protection to the 

California red-legged frog. However, the 

protection afforded by these regulations 

does not sufficiently protect the species 

to such an extent that it would warrant 

consideration for exclusion under 

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

Williamson Act is a voluntary contract 

between participating landowners and 

cities or counties to voluntarily restrict 

land use to agricultural or open-space 

uses. The term of the contracts is a 

minimum of 10 years, and the 

landowner may petition to cancel the 

contract. Also the conditions of the 

contracts vary by city or county or even 

landowner and would not specifically 

identify conservation measures for the 

frog. Therefore, as a result of 

implementing the 4(d) special rule, our 

review of the Williamson Act 

conditions, and review of the economic 

costs associated with Unit CAL-1, we 

have determined that the measures 

identified by the commenters do not 

warrant further consideration for our 

exclusion of the unit under section 

4(b)(2) of the Act. 

Comment (13): Five commenters 

asked us to exclude agricultural land in 

Marin County under section 4(b)(2) of 

the Act. They stated that the benefits of 

such exclusion would outweigh the 

benefits of designation for the following 

reasons: 

(1) Routine grazing practices benefit 

the frog, and designation would increase 

the liabilities on such practices; 

(2) Designation would trigger review 

of Farm Bill conservation grant projects 

under section 7 of the Act, thereby 

decreasing the incentive to apply for 

such grants; 

(3) Designation negatively impacts 

landowners economically but provides 

little benefit to the species; 

(4) Designation could impact water 

deliveries to farmers and interfere with 

road repair, the clearing of logjams from 

streams, and other infrastructure 

maintenance; and 

(5) Designation would lower property 

values. 

Response: See our response to 

Comment (12) above. 

Comment (14): One commenter noted 

that we provided incorrect area 

estimates for Federal and private lands 

in proposed unit ELD-1. The commenter 

also stated that designation of private 

lands within the proposed unit would 

be inconsistent with the El Dorado 

County General Plan. 

Response: We have revised the land 

ownership for Unit ELD-1 to correctly 

reflect the landownership within the 

unit. When designating critical habitat, 

we base our designation on the essential 

habitat features required by the species. 

When exercising our discretion to 

exclude areas from critical habitat under 

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

weigh the benefits of designating against 

the benefits of not designating critical 

habitat. Such exclusions are usually 

based on finalized management plans, 

habitat conservation plans, or other 

documents and not on local general 

plans unless there is a high degree of 

certainty that conservation measures 

will take place for a particular species 

and that those measures are more 

beneficial than the designation of 

critical habitat. We have reviewed El 

Dorado County’s general plan and found 

no measures specific to the conservation 

of the California red-legged frog or its 

habitat. The County identifies numerous 

goals in the Conservation and Open 

Space Element within its general plan; 

however, no specific measures with 

respect to the conservation of the 

primary constituent elements for the 

California red-legged frog are 

mentioned. While we value El Dorado 

County’s voluntary agreement in the 

interagency protection of Spivey Pond, 

based on the general plan, we have not 

exercised our discretion to exclude El 

Dorado County in its entirety from 

designated critical habitat. We have, 

however, exercised our discretion to 

exclude those areas managed by the 

Bureau of Land Management (BLM) at 

Spivey Pond in El Dorado County based 

on an interagency land use management 

plan (see Application of Section 4(b)(2) 

of the Act section below). 

Comment (15): One commenter stated 

that we should include downstream 

portions of Weber Creek in proposed 

unit ELD-1, as that area contains habitat 

elements essential to the conservation of 

the species. 

Response: We used the best scientific 

information available in determining 

those areas that contain the physical 

and biological features essential for the 

California red-legged frog and that we 

therefore proposed as critical habitat. 

During our determination process, we 

considered several criteria in the 

selection of areas that contain the 

features essential for the conservation of 

the California red-legged frog. We did 

not include all available habitat or all 

areas where frogs are located within the 

designation. Although the Weber Creek 

area may contain some primary 

constituent elements, we believe the 

arrangement and quantity of those 

features may not be adequate. For more 

information, please see the Criteria Used 

to Identify Critical Habitat section 

below. 

Comment (16): One commenter asked 

us to remove a specific property from 

SOL-2 on the basis that some of it is too 

dry to constitute good habitat, while the 

rest is not within 1 mi (1.6 km) of a 

known occurrence, nor is it uplands 

connecting several occurrences. The 

commenter also requested exclusion 

from the critical habitat designation on 

economic grounds, arguing that 

designation would prevent conversion 

of over 900 ac (364 ha) of land suitable 

for winegrowing, resulting in a cost of 

$3.5 million in gross revenue. Another 

commenter stated that we appropriately 

designated land within Units SOL-1, 

SOL-2, and SOL-3 in that designation of 

this land will assist in conserving the 

California red-legged frog and its 

habitat. The commenter suggested that 

additional areas adjacent to Unit SOL-1 

be part of the designation including 

areas along Highway 680 and adjacent 

to Suisun Marsh in Solano County. The 

commenter also stated that the Service 

should ensure that ‘‘these critical habitat 

designations not be overridden by 

presumed ‘public’ benefits’’ for other 

uses such as wind energy or electrical 

transmission lines. 

Response: We based this final revised 

critical habitat designation on California 

red-legged frog occurrence records, 

habitat surrounding those localities, and 

local watershed boundaries. The 

occurrence records within Unit SOL-2 

are associated with the drainages in the 

Jameson Canyon area. Our 

determination of the unit boundaries 

focused on incorporating not only the 

occurrence records but also any adjacent 

habitat up to the local watershed 

boundary as long as we could determine 

that the habitat within the watershed 

was reasonably connected. In some 

cases where the records were isolated 

and habitat not extensive, we used the 

1-mi (1.6-km) dispersal distance to 

determine the extent of the designation. 

In other cases where the habitat was 

similar or included adjacent water 

courses within the dispersal distance of 

the California red-legged frog, we looked 

at the habitat and watershed boundaries 

to guide our designation (see Criteria 

Used To Identify Critical Habitat section 

below). In regards to the areas adjacent 

to Unit SOL-1 along Highway 680, we 

believe we have properly designated the 

specific areas where those physical or 

biological features essential to the 

conservation of the species are found. 

Extending the unit to these adjacent 


sroberts on DSKD5P82C1PROD with RULES
12824 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

areas would require, as the commenter 

points out, the species to cross under 

the multilane highway through a 

culvert. Our review of the use of the 

area by the California red-legged frog 

shows the species in upland grassland 

habitats with no records into the Suisun 

Marsh area. Although the species may 

be able to access and use the Suisun 

Marsh area, we believe the species is 

more likely to use the upland grassland 

habitats and not the brackish marsh 

habitats associated with the Suisun 

Marsh. As a result of our examining the 

available habitat within the area and use 

of our mapping criteria, we believe we 

have used the best scientific information 

available on determining the critical 

habitat boundaries including those for 

Units SOL-1 and SOL-2. 

The final economic analysis prepared 

for this designation calculates potential 

impacts to agricultural crop farming 

activities. According to the final 

economic analysis, the relative 

incremental costs associated with the 

designation within Unit SOL-2 is less 

than 1 percent of the total incremental 

costs of the designation and only 3 

percent of the total incremental costs 

associated with agricultural crop 

farming activities. Based on these 

results, we do not consider the 

estimated costs associated with the 

designation of critical habitat within 

Unit SOL-2 to be disproportionate and 

have not exercised our discretion to 

exclude any area within Unit SOL-2 

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

‘‘Exclusions Under Section 4(b)(2) of the 

Act – Economic Exclusions’’ section 

below for more information regarding 

exclusions. 

Comment (17): The San Francisco 

Public Utilities Commission 

(Commission) wrote in support of the 

two units proposed on portions of its 

property. Those units are SNM-1 and 

ALA-2 in San Mateo and Alameda 

Counties. The commenter added that 

the Commission has enacted additional 

protections for the frog, and that it is 

also preparing habitat conservation 

plans (HCPs) with the Service to protect 

endangered and threatened species and 

enhance their habitats within those 

areas. 

Response: We appreciate the support 

and look forward to working with the 

commenter in the future on continued 

conservation efforts for the California 

red-legged frog. We do not expect the 

HCPs to be completed by the time this 

designation is made effective (see the 

DATES section). 

Comment (18): Three commenters 

stated that they were not properly 

notified of the proposed rule, despite 

being landowners in designated areas or 

having submitted comments in the past. 

Response: We published the proposed 

critical habitat designation in the 

Federal Register on September 16, 2008 

(73 FR 53491), and we accepted 

comments from all interested parties for 

60 days, ending November 17, 2008. We 

then extended the public comment 

period for an additional 30 days (74 FR 

19184; April 28, 2009). We later 

reopened the public comment period 

again for another 30 days (74 FR 51825; 

October 8, 2009). For each publication, 

the Service wrote press releases that 

resulted in newspaper articles 

throughout California and specifically 

noticed the proposed designation in 

pertinent newspapers in the range of the 

California red-legged frog. We held a 

public meeting where we discussed 

opportunities for the public to comment 

and provide input and information. 

Thus, although we did not specifically 

notify individual landowners within the 

designation, we believe we provided 

adequate opportunity for individuals to 

review and provide comment on the 

proposed revised rule. It is our practice 

to include on our mailing lists those 

individuals who have made comments 

in the past regarding a specific issue. 

We apologize for having inadvertently 

failed to notify certain people of the 

proposed action and have updated our 

records accordingly. 

Comment (19): A commenter 

requested exclusion of approximately 

3,000 ac (1,214 ha) of private land 

proposed within unit MNT-3 because 

there is an existing conservation 

easement that protects habitat in this 

area. 

Response: Our review of the easement 

indicates that: (1) It primarily is 

intended to protect viewshed resources; 

(2) it covers only a portion of the area 

requested for exclusion; and (3) it 

allows a variety of uses that could 

adversely affect the physical and 

biological features essential to the 

California red-legged frog, including 

new utilities and highway 

improvements, clearing of vegetation for 

fire management, and changes in water 

use. We have therefore determined not 

to exercise our discretion to exclude 

these areas under section 4(b)(2) of the 

Act. 

Comment (20): A commenter 

requested designation of an additional 

critical habitat unit encompassing the 

Moss Beach, Sawmill Gulch, Seal Rock 

Creek, Fan Shell, and Carmel Bay 

watersheds on the Monterey Peninsula 

in Monterey County. 

Response: Our approach to 

designating critical habitat includes 

designating areas with a high density of 

California red-legged frog occurrences 

and avoiding developed and fragmented 

areas. Our review of the information 

provided by the commenter and 

information available in our files 

indicates that the area requested for 

designation is highly fragmented by 

recreational and residential 

development. The California red-legged 

frog has been observed in the area, with 

a small number of frogs observed at two 

localities. Although the California redlegged frogs occur in watersheds of the 

Monterey Peninsula, the best available 

information indicates these watersheds 

are occupied at low densities within 

fragmented habitat. We have therefore 

determined that the requested addition 

is not appropriate. For more 

information, please see the Criteria Used 

to Identify Critical Habitat section 

below. 

Comment (21): One commenter 

supported the expansion of critical 

habitat to include the Little Sur River, 

North and South forks of La Brea Creek, 

the North fork and Upper North fork of 

Matillija Creek, Santa Paula Creek and 

its tributaries, and Agua Caliente Creek. 

The commenter indicated that these 

areas are important to the survival and 

recovery of the California red-legged 

frog. 

Response: We contacted the 

commenter because we were unable to 

locate Agua Caliente Creek on a map. 

The commenter stated that the correct 

name was Agua Blanca Creek. In our 

proposed designation of revised critical 

habitat for the California red-legged frog, 

we determined that all occupied habitat 

did not need to be designated as revised 

critical habitat, nor did we believe it 

necessary to designate unoccupied 

habitat, based on our determination that 

enough occupied areas representing the 

distribution of the frog across its range 

had already been determined and that 

these areas would provide for the 

conservation of the species. Because we 

have no records of the California redlegged frog occupying the Little Sur 

River, North and South forks of La Brea 

Creek, the North Fork and Upper North 

Fork of Matillija Creek, Santa Paula 

Creek and its tributaries, or Agua Blanca 

Creek, we consider these areas 

unoccupied and have not included them 

in this final rule. For more information 

on our criteria for designating critical 

habitat, please see the Criteria Used to 

Identify Critical Habitat section below. 

Comment (22): One commenter 

supported the expansion of critical 

habitat to include the Cuyama River and 

its tributaries, Branch Creek and Alamo 

Creek, the tributaries feeding Lake 

Cachuma, a portion of Sespe Creek, 

Birabent Canyon, a portion of the 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12825 

Sisquoc River, the Arroyo Seco River 

and its tributaries, and San Carpoforo 

Creek. The commenter indicated that 

these areas are important to the survival 

and recovery of the California redlegged frog. 

Response: Our designation of revised 

critical habitat for the California redlegged frog does not include all 

occupied areas. As described in the 

proposed rule, when determining which 

occupied areas are essential to the 

conservation of the species and meet the 

definition of critical habitat, we 

considered theories of metapopulation 

persistence, on-the-ground survey data, 

and California red-legged frog longevity. 

We focused on areas of high California 

red-legged frog abundance, areas needed 

to maintain connectivity between 

aquatic breeding habitat, and areas of 

unique ecological significance. We 

selected areas that are inhabited by 

source populations that are capable of 

maintaining their current population 

levels and capable of providing 

individuals to recruit into 

subpopulations found in adjacent areas. 

We are aware that California red-legged 

frogs do occur in the areas listed by the 

commenter; however, these areas are 

isolated, occupied at low densities, or 

otherwise not essential to the 

conservation of the species; therefore, 

we have not included them in this final 

designation. For more information on 

our criteria for designating critical 

habitat, please see the Criteria Used to 

Identify Critical Habitat section below. 

Comment (23): One commenter 

identified the California red-legged frog 

as a coastal species and stated that the 

species was never in any inland 

counties until the early 1900s. The 

commenter concluded that the 

designation of critical habitat for the 

species outside of coastal areas is not 

justified. 

Response: According to accepted 

scientific and taxonomic information on 

the California red-legged frog, the 

species’ historic and current 

distribution includes inland counties in 

the Sacramento and San Joaquin Valleys 

as well as Sierra Nevada and Interior 

Coast Range counties from Riverside to 

Shasta County, California. According to 

early species distribution accounts and 

collections by species experts (Storer 

1925; pp. 235–236), the species was 

present in the interior portions of 

California well before the 1900s. As a 

result of the early species’ range 

descriptions and collections in 

accredited scientific facilities and 

currently known occurrence records for 

the species, we have determined that 

the historic and current range of the 

species does include interior California 

counties. This information justifies the 

designation of critical habitat within 

these interior areas. 

Comment (24): One commenter 

requested not to increase the mitigation 

requirements for the California redlegged frog because it will harm the 

livelihood or restrict activities of private 

citizens. 

Response: According to section 7(a)(2) 

of the Act, each Federal agency shall, in 

consultation with the Service, insure 

that any action will not result in the 

destruction or adverse modification of 

habitat of a listed species . Only 

activities that have a Federal nexus (i.e., 

that involve a Federal permit, license, or 

funding, or are carried out by a Federal 

agency) and are likely to destroy or 

adversely modify the area of critical 

habitat will be affected. If this is the 

case, we will work with the Federal 

agency and, where appropriate, 

applicants for Federal permits or 

license, or for Federal funding, to 

modify their projects so that those 

projects will not adversely affect the 

critical habitat. Thus, most Federal 

projects are likely to go forward, but 

some will be modified to minimize 

harm to critical habitat. Critical habitat 

does not set mitigation requirements for 

a species. 

Comment (25): One commenter 

identified pesticide use and pesticide 

drift from agricultural use, not habitat 

loss, as the major threat impacting the 

California red-legged frog. The 

commenter also stated the decline in 

frog populations worldwide is a result 

of disease and climate change and that 

fish are not at all the cause of the 

species’ decline. The commenter stated 

that the designation of critical habitat is 

a typical ‘‘knee-jerk’’ reaction to frog 

species’ decline and does not address 

the problem. 

Response: In our May 23, 1996, final 

listing determination (61 FR 25813), we 

determined that habitat loss and 

fragmentation from urban encroachment 

(along with other factors) constituted 

the dominant factor leading to the 

listing of the species. Since the listing, 

numerous studies have looked at 

pesticide drift as the potential cause of 

amphibian declines in California. 

According to several studies, the 

transport and deposition of pesticides 

from the agriculturally intensive Central 

Valley of California to the adjacent 

Sierra Nevada is well documented, and 

pesticides have been found in the 

bodies of Sierra frogs (Davidson et al. 

2002, pp. 1589-1590; Davidson 2004, 

pp. 1892-1902). However, to date, no 

direct links have been found between 

pesticides and actual amphibian 

population declines. We are currently 

consulting with the Environmental 

Protection Agency (EPA) on the use of 

66 pesticides on or near areas where the 

California red-legged frog occurs to 

determine appropriate conservation 

measures for the species. We disagree 

with the commenter that fish are not an 

issue in the species’ decline because the 

introductions of nonnative warm water 

fish (e.g., bass, sunfish, and mosquito 

fish) have caused some declines in the 

species’ distribution and abundance 

throughout its range (Service 1996, p. 

25827). We agree with the commenter 

that other factors in addition to habitat 

loss are contributing to a world-wide 

decline in frog and other amphibian 

populations and that, in some species, 

disease is the major factor. However, in 

the case of the California red-legged 

frog, we continue to assert that habitat 

loss and fragmentation continue to be 

the dominant factors in preventing the 

recovery of the species. In response to 

the commenter’s statement that the 

designation is only a reaction to current 

amphibian declines, we have designated 

critical habitat according to our 

implementing regulations at 50 CFR 

424.12, by using the best scientific data 

available and defining specific areas 

that contain those essential physical or 

biological features essential to the 

conservation of the species and which 

may require special management 

considerations or protection. Consistent 

with these regulations, we have 

determined the areas designated as 

critical habitat are appropriate for 

conservation of the California red-legged 

frog. 

Comment (26): One commenter: (1) 

Stated that the designation as proposed 

is essential for the proper protection of 

this species, and (2) emphasized the 

importance of maintaining buffer zones 

around wetland areas, and (3) agreed 

that the methodologies employed in the 

designation were a practical means for 

determining the extent of the critical 

habitat boundaries. The commenter 

stated that that methodologies used 

would assist in protecting both the 

aquatic features and habitat corridors 

between wetland features and thus 

allow the necessary genetic exchange 

between populations. 

Response: In accordance with 50 CFR 

424.12, we designated critical habitat on 

the basis of the best scientific data 

available, after taking into consideration 

the probable economic and other 

impacts of making such a designation. 

In designating critical habitat, we 

considered those physical and 

biological features that are essential to 

the conservation of the California redlegged frog and that may require special 

management considerations or 


sroberts on DSKD5P82C1PROD with RULES
12826 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

protection. We are not designating 

buffer zones around those features we 

determined to be essential. An area we 

designate as critical habitat is not a 

refuge or sanctuary for the species; it 

serves as a reminder to Federal agencies 

that they must make special efforts to 

protect the important characteristics of 

the areas designated. Listed species and 

their habitats are protected by the Act 

whether or not they are in an area 

designated as critical habitat. 

Comment (27): One commenter stated 

that we should exclude all areas being 

considered as part of the proposed Santa 

Clara Valley Habitat Conservation Plan 

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

Act, because the California red-legged 

frog is a covered species, an 

administrative draft has been developed 

and released to the public, and the 

exclusion would follow past Service 

practice in previous exclusions such as 

with the East Contra Costa HCP. 

Response: When considering the 

exclusion of areas that are covered by 

conservation plans from critical habitat 

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

must determine whether the benefits of 

such exclusion outweigh the benefits of 

specifying such areas as critical habitat. 

Such exclusions are usually based on 

finalized management plans, HCPs, or 

other documents that provide a high 

degree of assurance that conservation 

measures will be implemented and 

effective for a particular species and its 

habitat, and that those measures are 

more beneficial than the designation of 

critical habitat. The current information 

on the SCVHCP made available to 

stakeholders and resource agencies 

consists of early administrative drafts 

and only portions of the entire 

document. The information is not 

intended for public review and 

comment and is not final documents. 

Because they are incomplete, the 

documents have not gone through 

section 7 intra-Service consultation 

regarding effects to endangered species. 

The Service’s current position is not to 

consider areas for exclusion that are 

covered by draft conservation programs 

or plans. Draft documents and their 

proposed conservation measures are 

subject to change. Without a high degree 

of assurance that conservation measures 

will be implemented and effective for a 

particular species and its habitat, we 

cannot complete a meaningful analysis 

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

Comment (28): One commenter 

objected to the redefinition of ‘‘occupied 

at the time of listing’’ and said the 

redefinition was arbitrary and 

capricious because the Service did not 

articulate its rational for the change. 

Response: In the previous final 

critical habitat designation, we 

interpreted the ‘‘occupied at time of 

listing’’ standard to include only those 

specific records mentioned in the final 

listing rule (61 FR 25813, May 23, 1996). 

The purpose of the listing rule is to 

identify threats to a species and 

determine whether or not listing the 

species under the Act is necessary. The 

final listing rule is not intended as a 

complete listing of all specific locations 

where a species occurs. The records 

identified in the final listing rule were 

not the only locations where California 

red-legged frogs existed but only those 

reported to scientific, higher education, 

or informational sources. Other 

occupied areas outside those 

specifically mentioned in the final 

listing rule existed for the frog. In this 

designation, we interpreted occupancy 

‘‘at time of listing’’ based on the dates of 

occurrence records and life history of 

the California red-legged frog. For 

example, if an occurrence was recorded 

after the 1996 listing, but we could 

determine based on population size, 

demographics, and biological factors 

that the population was most likely 

present at time of listing, we considered 

that area to be occupied at the time of 

listing for this designation of revised 

critical habitat. When determining 

occupancy, we considered theories of 

metapopulation persistence, on-theground survey data, and California redlegged frog longevity. Bulger et al. 

(2003, pp. 85, 92) found that more than 

75 percent of California red-legged frogs 

are resident at permanent aquatic 

habitats over the course of a year, 

thereby providing local population 

stability. Survey data provided to us 

during the development of this and 

previous critical habitat rules show an 

average persistence of 19 years for the 

California red-legged frog populations. 

Additionally, the California red-legged 

frog is considered long-lived, with a 

minimum longevity of male and female 

California red-legged frogs of between 8 

and 10 years, respectively (Jennings et 

al. 1992, p. 3), which also contributes to 

generational and metapopulation 

stability. By limiting our previous 

designation to only those specific 

records identified in the listing rule and 

using an overly narrow definition of 

occupancy at the time of listing, we 

were not including many records which 

were identified before 1996, or any 

records present but not specifically 

identified in the listing rule. The 

process for designating critical habitat 

in this rule is consistent with the 

standards required by our implementing 

regulations at 50 CFR 424.12 on using 

the best scientific data when designating 

critical habitat. 

Comment (29): One commenter stated 

that the elimination of the upward 

boundary for upland habitat was 

arbitrary and capricious in that it 

deferred designation of critical habitat 

to the consultation process under 

section 7 of the Act. 

Response: We did identify the upland 

distance surrounding aquatic features 

within the current designation. The 

primary constituent element (PCE 3), as 

identified in the 2006 final critical 

habitat designation, limited the upland 

areas to 200 ft (60 m) from the water 

feature. Based on new biological 

information on protecting breeding and 

non-breeding aquatic features for the 

California red-legged frog and 

movements of the frog between breeding 

and non-breeding habitat (Fellers and 

Kleeman 2007, pp. 276–286), we have 

extended the upland distance 

surrounding the breeding and nonbreeding aquatic features. In general, the 

upland habitat surrounding the aquatic 

breeding and non-breeding habitat 

(PCEs 1 and 2) would be limited to 1 

mile (1.6 km) in most cases, depending 

on surrounding landscape and dispersal 

barriers. 

Comment (30): One commenter stated 

that several units or portions of units be 

removed from the designation because 

they are within planned development 

areas as identified in County or City 

general plans and these areas, according 

to the preamble of the proposed revised 

critical habitat rule, should not be 

designated according to the 

methodology used in determining the 

critical habitat boundaries. An 

additional commenter stated that we 

should not remove areas of planned 

development because arbitrarily 

removing these areas is not a valid 

biological reason. 

Response: We are basing this final 

designation of revised critical habitat on 

the best scientific data available, after 

taking into consideration the probable 

economic and other impacts of making 

such a designation in accordance with 

our implementing regulations at 50 CFR 

424.19. As we state in the preamble of 

our 2008 proposed rule to revise critical 

habitat (73 FR 53500), our methodology 

and the criteria we used to determine 

the critical habitat boundaries were not 

intended to exclude all planned 

development as identified in city, 

county, or regional general plans. The 

methods and criteria we used to map 

areas adjacent to development removed 

areas only if (1) they do not contain 

sufficient PCEs to support one or more 

of the species’ life processes, or (2) they 

have low-quality PCEs because either 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12827 

the area is highly degraded and is likely 

not restorable or the area is small, 

highly fragmented, or isolated and may 

provide little or no long-term 

conservation value. As a result, we do 

not believe it would be appropriate to 

automatically exclude planned 

development areas from the designation. 

Comment (31): One commenter 

requested exclusion from the 

designation of critical habitat in Unit 

SLO-4 between the town of Pozo and 

the National Forest boundary south of 

Pozo. The commenter stated that 

designation of critical habitat on private 

land can significantly depreciate the 

value of the property, affecting the 

landowner’s ability to acquire operating 

capital. The commenter further stated 

that designation of critical habitat can 

make habitat-enhancing projects (i.e., 

water troughs and delivery systems) 

cost-prohibitive if it is necessary to 

obtain permits for the projects, thereby 

discouraging voluntary measures to 

enhance habitat for California redlegged frogs. The commenter also 

expressed concerns with our assertion 

that the Salinas River, near the town of 

Pozo, is occupied by California-red 

legged frogs. 

Response: Section 3(5)(A) of the Act 

defines critical habitat as the specific 

areas within the geographical area 

occupied by the species, at the time it 

is listed, on which are found those 

physical or biological features (I) 

essential to the conservation of the 

species and (II) which may require 

special management considerations or 

protection. Our criteria for determining 

features essential to the conservation of 

the species has been to target areas 

known to be occupied by the California 

red-legged frog at the time of listing; 

including those areas discovered to be 

occupied since the time of listing; or 

known to possess high-quality habitat 

likely to be occupied based on 

proximity to known occurrences, 

contiguous habitat, or dispersal 

capabilities of the California red-legged 

frog. We included large blocks of 

contiguous habitat that: (1) Provide 

geographic distribution across the range 

of the species; (2) represent the full 

range of habitat and environmental 

variability the species occupies; (3) 

avoid conflict with existing commercial 

and residential development; (4) focus 

on public land, where available; and (5) 

overlap with other critical habitat 

designations, where possible. 

As noted in the unit description for 

SLO-4 (see Final Critical Habitat 

Designation section), this area was not 

known to be occupied at the time of 

listing but is currently occupied. Based 

on life history and population dynamics 

of the species we have determined that 

the area was most likely occupied at the 

time of listing. The occurrence records 

for California red-legged frogs in SLO-4 

were generated from surveys conducted 

according to Service protocol by the 

U.S. Forest Service in 1999. We have 

reviewed these records and consider 

them to be our best available science. 

SLO-4 contains the following features 

that are essential for the conservation of 

the species: aquatic habitat for breeding 

and non-breeding activities (PCE 1 and 

PCE 2) and upland habitat for foraging, 

dispersal activities, and shelter (PCE 3 

and PCE 4). Also, as noted in the unit 

description, threats that may require 

special management in this unit include 

predation by nonnative species and 

habitat disturbance. Therefore, based on 

the criteria above, we have designated 

SLO-4 as revised critical habitat in this 

rule. 

We recognize that routine ranching 

activities may be beneficial to the 

California red-legged frog. In 2006, we 

published a special rule under the 

authority of section 4(d) of the Act 

containing the actions and prohibitions 

necessary to provide for the 

conservation of the California red-legged 

frog (50 CFR 17.43(d)). Under the 

special rule, incidental take of the 

California red-legged frog is not a 

violation of section 9 of the Act, if the 

incidental take results from routine 

ranching activities located on private or 

Tribal lands. We believe that this 

special rule will encourage landowners 

and ranchers operating on non-Federal 

land to continue their livestock-related 

practices that are important not only for 

livestock operations, but also for 

maintaining or enhancing habitat for the 

California red-legged frog. 

Comment (32): One commenter 

opposed the designation of the Hearst 

Corporation’s Jack Ranch property in 

Unit SLO-1. The commenter stated that 

many areas on the portion of the Jack 

Ranch within SLO-1 are extremely arid, 

would not support a California redlegged frog population, and therefore do 

not meet the definition of critical 

habitat. The commenter also argued that 

the Jack Ranch property does not meet 

the definition of critical habitat because 

the property does not require special 

management considerations or 

protection. The commenter stated that 

the Jack Ranch has been responsibly 

managed for over 40 years in a manner 

that has protected and benefited the 

various natural habitats on the ranch. 

Alternatively, the commenter argued 

that we should exclude the Jack Ranch 

property from critical habitat because 

the benefits of excluding the ranch 

outweigh the benefits of including it. 

The commenter asserted that as a result 

of the current ranch management 

practices in place on the Jack Ranch, the 

various habitats and species present on 

the ranch are generally flourishing and 

will continue to benefit if these 

practices are allowed to continue. The 

commenter argued that designating the 

ranch as critical habitat would create 

regulatory uncertainty, impose 

economic burdens on the landowner, 

and increase vulnerability to legal 

challenge that could threaten the area’s 

long-term viability as a working ranch. 

Response: Section 3(5)(A) of the Act 

defines critical habitat, in part, as the 

specific areas within the geographic area 

occupied by the species, at the time it 

is listed in accordance with the 

provisions of section 4 of the Act, on 

which are found only those physical 

and biological features (I) essential to 

the conservation of the species and (II) 

which may require special management 

considerations or protection. Our 

strategy for determining features 

essential to the conservation of the 

species was to target areas that are 

known to be occupied by the California 

red-legged frog at the time of listing; that 

we determined to be occupied since the 

time of listing; or that are known to 

possess high-quality habitat likely to be 

occupied based on proximity to known 

occurrences, being part of contiguous 

habitat, and the dispersal capabilities of 

the California red-legged frog. We 

included large blocks of contiguous 

habitat that: 

(1) Provide geographic distribution 

across the range of the species; 

(2) Represent the full range of habitat 

and environmental variability the 

species occupies; 

(3) Avoid conflict with existing 

commercial and residential 

development; 

(4) Focus on public land, where 

available; and 

(5) Overlap with other critical habitat 

designations, where possible. 

As noted in the unit description for 

SLO-1 (see ‘‘Final Critical Habitat 

Designation’’ section), this area was 

known to be occupied by California redlegged frogs at the time of listing, is 

currently occupied, and contains the 

following features that are essential for 

the conservation of the species: aquatic 

habitat for breeding and non-breeding 

activities (PCE 1 and PCE 2) and upland 

habitat for foraging and dispersal 

activities (PCE 3 and PCE 4). Also as 

noted in the unit description, threats 

that may require special management in 

this unit include: highway construction, 

which may remove upland or aquatic 

habitat; overgrazing of aquatic and 

riparian habitats; and dewatering of 


sroberts on DSKD5P82C1PROD with RULES
12828 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

aquatic habitats due to water diversions. 

Therefore, based on the criteria above, 

occupancy at the time of listing, and the 

requirement for special management, we 

have designated SLO-1 as critical 

habitat, including a portion of the Jack 

Ranch property within SLO-1. 

We recognize that routine ranching 

activities may be beneficial to the 

California red-legged frog. In 2006, we 

published a special rule under the 

authority of section 4(d) of the Act to 

provide for the conservation of the 

California red-legged frog (50 CFR 

17.43(d)). The special rule provides that 

incidental take of the California redlegged frog will not be a violation of 

section 9 of the Act, if the incidental 

take results from routine ranching 

activities located on private or Tribal 

lands. We believe that this special rule 

will encourage landowners and ranchers 

operating on non-Federal land to 

continue their livestock-related 

practices that are important not only for 

livestock operations, but also for 

maintaining or enhancing habitat for the 

California red-legged frog. 

Comment (33): One commenter was 

opposed to the designation of lands in 

Unit SLO-2 in San Luis Obispo County 

that are covered under the Hearst Ranch 

Conservation Easement (Easement) and 

Hearst Ranch San Simeon Conservation 

Easement Management Plan (Plan). The 

commenter asserted that California redlegged frogs occurring within the 

boundaries of the Easement will be 

protected through specific measures 

addressed in the Plan, and therefore, 

these lands either do not fall within the 

definition of critical habitat contained 

in section 3 of the Act or should be 

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

Act. In addition, the commenter argued 

that designation of lands covered under 

the Easement would discourage 

voluntary conservation initiatives on 

private land. 

Response: We recognize the 

importance of voluntary conservation 

measures, such as the Hearst Ranch 

Easement and Plan, which provide 

protections for California red-legged 

frogs and their habitat. The Secretary 

has determined to exercise his 

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

Act to exclude from critical habitat 

34,777 ac (14,074 ha) of Easement lands 

that occur in Unit SLO-2. See the 

Exclusions under Section 4(b)(2) of the 

Act section for additional information. 

Comment (34): One commenter 

commended our abandonment of 

methods used in determining ‘‘coextensive’’ costs in previous critical 

habitat designations including the 

previous final designation for the 

California red-legged frog (April 13, 

2006, 71 FR 19244). The commenter 

also commended the Service for 

refraining from claiming in the 

preamble that the designation of critical 

habitat provides little additional 

protection to most listed species and for 

refraining from statements emphasizing 

primarily the ‘‘limitations’’ of any 

‘‘benefits of designating’’ an area as 

critical habitat and using this as a basis 

for excluding areas from the 

designation. The commenter strongly 

urged the Service to ‘‘follow through 

with changes in interpretations and 

procedures’’ as found in the Federal 

Register notice for the proposed 

designation (September 16, 2008, 73 FR 

53491). 

The commenter also pointed out 

several concerns with the DEA and the 

proposed revised designation. The 

commenter stated that the DEA does not 

appropriately focus on or address 

market impacts; stated that the DEA is 

not transparent on whether the ancillary 

benefits of designating critical habitat 

were appropriately analyzed; and that 

the Service did not fairly account for the 

benefits and costs of designating critical 

habitat. 

Response: We acknowledge that our 

past practice of including language in 

the preamble to critical habitat 

designations stating a policy position at 

that time was not the appropriate forum 

for doing so and has not been conducive 

for facilitating the appropriate dialogue 

to assist in the conservation of listed 

species. As stated earlier, we are 

revising this and certain other 

designations because of inappropriate 

influence of past Department of Interior 

personnel and have taken into account 

the information reported by the General 

Accounting Office on critical habitat 

and listing designations. Comments 

related to the Economic analysis are 

addressed below. 

Comments Related to the Economic 

Analysis 

Comment (35): One commenter 

requested the exclusion based on 

economic costs of an area in SOL-1 

where a mining company plans to 

expand its existing aggregate quarry. 

Response: As described in section 

10.2 of the final economic analysis 

(FEA), we revised the report to include 

discussion of the potential economic 

impacts to the proposed mining project. 

The company states it is already 

working closely with Solano County 

and representatives of the Service to 

develop appropriate mitigation 

measures. The options under 

consideration are consistent with the 

types of project modifications 

considered in the FEA. Because these 

discussions are already underway, costs 

are attributed to the baseline scenario. 

Additional impacts resulting from the 

designation of critical habitat are not 

anticipated. 

Comment (36): One commenter 

requested exclusion of a portion of an 

existing aggregate quarry overlapping 

the southern portion of SOL-3 because 

it does not contain the PCEs and out of 

concern that the designation may delay 

implementation of the ongoing 

reclamation process. 

Response: As described in section 

10.2 of the FEA, we revised the report 

to include a discussion of this quarry 

site. The company has already 

submitted a revised reclamation plan to 

Napa County, which incorporates the 

results of a biological assessment. In 

addition, the company is currently 

working with the County and the 

Service to develop mitigation measures 

that will minimize the impact of the 

reclamation operations on the California 

red-legged frog. Because the company is 

already working with the Service, costs 

of efforts to protect the California redlegged frog are attributed to the baseline 

scenario. Given that the PCEs are not 

present at the site, delays due to the 

designation of critical habitat are not 

anticipated. 

Comment (37): Multiple commenters 

requested the exclusion of specific 

private properties in SLO-1, SLO-2, 

SLO-3, and SOL-4, based on the 

assumption that the designation will 

trigger land use restrictions limiting 

current ranching and farming practices, 

and in SLO-2, that the designation will 

create barriers to future uses of the land 

for development or agricultural 

purposes. 

Response: The commenters do not 

provide information about the types of 

farming and ranching activities taking 

place on these properties. As described 

in Chapters 6 and 7 of the FEA, this 

analysis relies upon the California 

Department of Conservation’s Farmland 

Mapping and Monitoring Program 

(FMMP) to identify active crop farming 

and grazing land within the study area 

as of 2006. According to the FMMP, the 

private properties identified by these 

commenters are classified primarily as 

grazing lands with a small portion of the 

properties classified as agricultural 

lands. For property identified as 

agricultural lands, these areas are 

included in the analysis of impacts to 

agricultural activities presented in 

Chapter 6. For areas identified in these 

private properties as grazing lands, as 

described in Chapter 7, this analysis 

assumes that ranchers will likely be 

subject to restrictions on the use of 66 

named active ingredients. However, 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12829 

according to discussions with 

representatives of the Agricultural 

Commissioner offices in several 

counties, the impact of the use 

restrictions to date have been relatively 

minor, as herbicides are only used to 

treat noxious weeds through spot 

application. To further minimize the 

impact of the restrictions, some 

Agricultural Commissioner offices are 

also working with affected ranchers to 

identify alternative herbicides not 

subject to restrictions. Accordingly, 

while ranchers may be affected by 

California red-legged frog related 

herbicide use restrictions, the nature of 

the use of herbicides by ranchers is 

likely to vary depending on the specific 

ranching operation, and the economic 

impacts of any resulting herbicide use 

restrictions are expected to be minor. 

In addition to existing ranching 

activities, one of the commenters notes 

that approximately 300 ac (121 ha) of 

the private property located in SLO-2 

are allocated for development. The 

commenter does not provide specific 

information about plans for future 

residential or commercial development 

of the property. As described in Chapter 

4 of the FEA, this analysis relies on 

local planning authorities for estimates 

of the number of housing units 

projected to be built by 2030 in the 

study area. In San Luis Obispo County, 

this analysis relies upon data from the 

San Luis Obispo Council of 

Governments (SLOCOG). As shown in 

Exhibit 4-4, in SLO-2 this analysis 

forecasts the development of 241 ac (98 

ha). Baseline impacts associated with 

consideration of the California redlegged frog and its habitat are estimated 

in this unit to be $14.6 million to $58.0 

million and incremental impacts are 

estimated to be $3.9 million to $16.4 

million, assuming a seven percent 

discount rate. 

Comment (38): Several commenters 

requested the exclusion of a private 

property in CAL-1 engaged in ranching 

activities, based on the assumption that 

the designation will trigger (1) land use 

restrictions by local agencies limiting 

current ranching practices, (2) 

devaluation of the property as a result 

of barriers to urban development, and 

(3) additional costs should the 

landowner chose to convert a portion of 

their property to agricultural uses. 

Response: The private property 

identified by the commenter is 

approximately 1,094 ac (443 ha) in size, 

of which 247 ac (100 ha) is proposed for 

critical habitat designation in CAL-1. As 

described in Chapter 7, this analysis 

assumes that ranchers will likely be 

subject to restrictions on the use of 66 

named active ingredients. However, 

according to discussions with 

representatives of the Agricultural 

Commissioner offices in several 

counties, the impact of these restrictions 

have been relatively minor, as 

herbicides are only used to treat noxious 

weeds through spot application. To 

further minimize the impact of the 

restrictions, some Agricultural 

Commissioner offices are also working 

with affected ranchers to identify 

alternative herbicides not subject to 

restrictions. Accordingly, while 

ranchers may be affected by California 

red-legged frog related herbicide use 

restrictions, the nature of the use of 

herbicides by ranchers is likely to vary 

depending on the specific ranching 

operation, and the economic impacts of 

any resulting herbicide use restrictions 

are expected to be minor.. 

The commenter does not provide 

specific information about plans for 

future residential or commercial 

development of the property. As 

described in Chapter 4 of the FEA, this 

analysis relies on local planning 

authorities for estimates of the number 

of housing units projected to be built by 

2030 in the study area. In Calaveras 

County, this analysis relies upon growth 

projections obtained from Applied 

Geographic Solutions (AGS), which 

develops forecasts of population and 

households at the census tract level for 

the entire state of California through the 

year 2018. Growth through 2030 was 

projected linearly. As shown in Exhibit 

4-4, in CAL-1 this analysis forecasts the 

development of 300 ac (121 ha). 

Baseline impacts to development 

activities in CAL-1 associated with the 

consideration of the California redlegged frog and its habitat are estimated 

to be $2.6 million to $7.6 million and 

incremental impacts are estimated to be 

$2.1 million to $7.0 million, assuming a 

seven percent discount rate. 

There could also be additional 

property value losses if the landowner 

is not able to develop portions of the 

property for agricultural purposes. In 

that case, those losses may not be 

captured because this property was not 

identified as agricultural lands. Without 

additional information on plans for 

future agricultural development of this 

property, data are not readily available 

to estimate potential future losses. 

Comment (39): One commenter states 

that the DEA fails to analyze the socioeconomic and cumulative impacts 

related to agriculture. The commenter 

anticipates economic impacts stemming 

from the loss of agricultural acreage in 

production, the loss of jobs, and 

reductions in food and fiber production, 

and from negative impacts to local 

communities, among other losses. 

Response: As described in Section 6.5 

of the FEA, we revised the analysis to 

include the regional economic impacts 

expected to result from the 

implementation of no-pesticide use 

areas for 66 pesticide ingredients in the 

study area. The estimated baseline 

impact of a loss 16,519 ac (6,685 ha) 

from agricultural production to the 

study area in an average year is 

approximately $103.3 million and 

approximately 2,062 jobs. The estimated 

impact of an incremental loss 7,286 ac 

(2,949 ha) from agricultural production 

to the study area in an average year is 

approximately $23.8 million and 

approximately 404 jobs. Detailed 

information on direct, indirect, and 

induced impacts, including job losses, is 

provided in Chapter 6 of the FEA. 

Comment (40): The Small Business 

Administration (SBA) submitted a 

comment recommending the Service 

exercise its discretion under section 

4(b)(2) of the Act to exclude the 

agricultural acres of small businessowned farmland that the DEA expects to 

be taken out of agricultural production. 

Response: As described in Chapter 6 

and Appendix A of the FEA, we revised 

the Initial Regulatory Flexibility 

Analysis (IRFA) to incorporate refined 

geographic data on active farming lands 

in the study area. Specifically, this 

analysis relies upon the Farmland 

Mapping & Monitoring Program (FMMP) 

to identify active crop farming and 

grazing lands, including a newer data 

set maintained internally by the FMMP, 

that resulted in the reclassification of a 

significant number of cropped acres 

within the study area as grazing lands. 

The number of cropped agricultural area 

incrementally affected decreased from 

29,413 ac (11,903 ha) in the first DEA 

(dated March 3, 2009) to 7,286 ac (2,949 

ha) in the FEA. 

We also revised the methodology used 

to estimate the number of small farms 

affected in each county. Small 

businesses in crop production (North 

American Industry Classification 

System (NAICS) subsectors 1111, 1112, 

and 1113) are defined by SBA as having 

annual revenues less than $750,000 

(hereinafter referred to as ‘‘small farms’’). 

Ideally this analysis would rely on 

geographic data to identify the size of 

farms within the study area and the 

percentage of a farm’s total harvested 

acres potentially removed from 

agricultural production as a result of the 

pesticide use restriction. However such 

geographic data are not readily 

available. 

As described in section A.1.3 of the 

FEA, in the absence of this information, 

this analysis uses publically-available 

Census data to estimate the probability 


sroberts on DSKD5P82C1PROD with RULES
12830 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

that incrementally affected acres are 

located on small farms and the percent 

of cropland harvested by ‘‘small farms.’’ 

This approach yields a lower-bound 

estimate of the total number of small 

farms affected in the study area of 198. 

Worst-case annualized incremental 

impacts are anticipated to range 

between $500 and $168,000 per farm. 

Comment (40): One commenter stated 

that the Service’s failure to evaluate the 

economic benefits of the rule is 

inconsistent with administrative 

guidance and widely accepted 

professional standards. Further, the 

commenter stated that the economic 

benefits of protecting critical habitat for 

the California red-legged frog probably 

outweigh the costs and are too 

substantial to downplay or ignore. The 

commenter concludes that the Service 

should devote equal effort to identifying 

and accounting for categories of benefits 

relative to the rigor devoted to 

identifying costs. 

Response: In the context of a critical 

habitat designation, the primary 

purpose of the rulemaking (i.e., the 

direct benefit) is to designate areas in 

need of special management that are 

essential to the conservation of listed 

species. While a listed species may be 

the primary beneficiary of designated 

critical habitat, the Act is clear that it is 

the policy of the Federal government to 

provide a means whereby the 

ecosystems upon which endangered and 

threatened species depend are 

conserved. By extension, therefore, 

benefits must somehow also accrue to 

society from a designation or else 

Congress would not have included this 

provision in the Act. The designation of 

critical habitat may result in two 

distinct categories of benefits to society: 

(1) use; and (2) non-use benefits. Use 

benefits are simply the social benefits 

that accrue from the physical use of a 

resource. Visiting critical habitat to see 

endangered species in their natural 

habitat would be a primary example. 

Non-use benefits, in contrast, represent 

welfare gains from ‘‘just knowing that a 

particular listed species’ natural habitat 

is being specially managed for the 

survival and recovery of that species.’’ 

Both use and non-use benefits may 

occur unaccompanied by any market 

transactions. 

A primary reason for conducting the 

economic analysis is to provide 

information regarding the economic 

impacts associated with a proposed 

critical habitat designation. Section 

4(b)(2) of the Act requires the Secretary 

to designate critical habitat based on the 

best scientific data available after taking 

into consideration the economic impact, 

and any other relevant impact, of 

specifying any particular area as critical 

habitat. Economic impacts can be both 

positive and negative and by definition, 

are observable through market 

transactions. 

While the Act requires the specific 

consideration of the economic impact of 

a designation, it does not require the 

Service to explicitly consider any 

broader social benefits (or costs) that 

may be associated with the designation. 

In fact, the Service believes that this is 

by Congressional design because the Act 

explicitly states up front that it is the 

Federal government’s policy to conserve 

all threatened and endangered species 

and the ecosystems upon which they 

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

gives the Secretary discretion to exclude 

certain areas from the final designation, 

he is authorized to do so only if an 

exclusion does not result in the 

extinction of the species. Thus, the 

Service believes that explicit 

consideration of broader social values 

for the species and its habitat, beyond 

economic impacts, is not necessary as 

Congress has already clarified the 

importance our society places on 

conserving all threatened and 

endangered species and their natural 

habitats upon which they depend. In 

terms of carrying out its responsibilities 

under section 4(b)(2) then, the Service 

need only to consider whether the 

economic impacts are significant 

enough to merit exclusion of any 

particular area without causing the 

species to go extinct. 

To support the claim that the benefits 

of designating critical habitat for the 

frog probably outweigh the costs, the 

commenter provides examples of other 

situations and environmental 

regulations where studies have shown 

that the benefits exceed costs. However, 

this evidence does not support a 

conclusion that the same is true in this 

instance. If environmental regulation 

always resulted in net benefits, there 

would be no need to conduct economic 

analyses. 

Finally, no guidance or executive 

order requires Federal agencies to spend 

equal effort estimating the benefits and 

costs of regulations. Specifically, OMB’s 

Circular A-4 states (p. 26-27), ‘‘some 

important benefits and costs...may be 

inherently too difficult to quantify or 

monetize given current data and 

methods’’. Chapter 13 of the FEA 

describes qualitatively the types of 

benefits that may result from the 

designation of critical habitat, including 

open space benefits, improved water 

quality, aesthetic benefits, flood control, 

improved soil productivity, and regional 

economic benefits if increased visitation 

results from the former benefits. To 

quantify these benefits, information 

about the current environmental quality 

of the habitat (e.g., current 

concentration of pollutants in 

waterways, current capacity of the 

habitat to absorb flood waters, current 

productivity of the soil) is necessary as 

a starting point. In addition, ecological 

and hydrologic models are necessary to 

understand how conservation measures 

such as reduced pesticide use will 

change the concentration of 

contaminants in the relative waterways. 

Most of these data and models are not 

readily available, preventing the 

quantification of benefits at this time. 

Comment (41): One commenter states 

that in its estimate of the costs imposed 

on development activities, the DEA does 

not consider offsetting positive market 

impacts, particularly in areas outside of 

the designation. Specifically, the 

commenter states that the Service 

mistakenly reports the gross, rather than 

net, costs of critical habitat designation. 

Response: We considered the 

potential for shifts in the market that 

would offset the costs experienced by 

existing landowners and developers 

within the proposed designation and 

concluded that measurable offsetting 

gains to homeowners, developers, or 

landowners are unlikely. As discussed 

in detail in Chapter 4 of the FEA, 

anticipated costs to landowners and 

developers include the administrative 

costs to consult with the Service or to 

comply with the California 

Environmental Quality Act, the costs of 

conservation measures, and opportunity 

costs associated with delays in 

development schedules. Anticipated 

conservation measures include on-site 

or off-site habitat restoration and the 

preservation of off-site habitat through 

the acquisition of mitigation banking 

credits (see section 4.7.2 of the FEA). 

If adequate substitutes for areas 

projected for development are available, 

developers are likely to avoid areas of 

critical habitat and to develope 

substitute sites instead. Thus, existing 

owners of land parcels that would have 

been developed absent critical habitat 

experience a devaluation of their 

property equivalent to the additional 

costs that would have been incurred by 

the developers to conserve the 

California red-legged frog. As described 

in section 4.3 of the FEA, of the 

1,252,096 ac (506,706 ha) of private land 

within the proposed designation, only 

5,746 ac (2,325 ha), or less than one 

percent, of this land is anticipated to be 

developed within the next 22 years. In 

the 20 affected counties, the number of 

affected acres (hectares) ranges from 2 

ac (0.8 ha) to 1,034 ac (418 ha), with an 

average of 287 ac (116 ha) affected per 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12831 

county. Given the relatively small 

number of affected acres relative to the 

size of the affected counties (hundreds 

of thousands to millions of acres), the 

availability of suitable substitutes is 

likely. 

It is possible that the value of land at 

substitute sites outside of critical habitat 

may increase; however, where many 

substitutes are available, the marginal 

increase is likely small. Furthermore, 

quantification of such increases requires 

significant additional data describing 

the geographic characteristics of 

alternatives and construction of 

complex, general equilibrium economic 

models of the markets for raw land in 

each county. Finally, no reduction in 

the number of new houses is 

anticipated. Developers will either move 

to substitute locations or implement the 

project modifications, which do not 

include conserving habitat on-site. 

Thus, measurable consumer surplus 

gains in the market for existing houses, 

and consumer surplus losses in the 

market for new housing, are not 

anticipated. 

Finally, we note that Quigley and 

Swoboda (2007, pp. 299-318) 

specifically addressed these issues in 

the context of critical habitat, and found 

that consideration of additional losses 

and gains to landowners and 

homeowners outside of critical habitat 

but within the same market is likely to 

result in higher, rather than lower 

overall cost estimates. 

Comment (42): One commenter stated 

that they could not identify clear 

evidence that the Service estimated 

ancillary benefits that are measurable in 

markets through shifts in resource 

allocation, as suggested in Chapter 2 of 

the DEA. Specifically, the commenter 

states that habitat protection for an 

aquatic species such as the California 

red-legged frog may enhance water 

quality or quantity, resulting in avoided 

costs associated with treatment facilities 

or other water-supply-related 

infrastructure. The commenter cites, as 

an example, a study of such benefits 

resulting from restoring high-quality 

watersheds in Portland, Oregon. 

Response: Assessment of the potential 

changes in the costs associated with 

treatment facilities or other watersupply-related infrastructure first 

requires an understanding of current 

water quality. In addition, complex fate 

and transport models of contaminants 

and sediments are necessary to calculate 

the change in water quality likely to 

result from the implementation of 

conservation activities (e.g., pesticide 

use restrictions, habitat restoration) 

protecting critical habitat. Finally, 

engineering cost models of alternative 

treatment technologies are necessary to 

estimate the incremental cost savings 

associates with a change in water 

quality. Most of these data and models 

are not readily available; thus, the 

potential offsetting benefit of reduced 

water treatment costs cannot be 

quantified or monetized at this time. 

Summary of Changes from the 2006 

Critical Habitat Designation to the 2008 

Proposed Rule to Revise Critical 

Habitat 

In the proposed revised and final 

revised designation of critical habitat for 

the California red-legged frog, we 

determined that it would be appropriate 

to complete our analysis of critical 

habitat without using the 2006 final 

critical habitat designation as a base 

from which to make changes due to the 

involvement of Department of the 

Interior personnel that may have 

inappropriately influenced the extent 

and locations of critical habitat 

designated in our previous final 

determination. As a result of this 

unrestricted analysis, the amount and 

distribution of final critical habitat has 

increased over the 2006 final critical 

habitat designation and better represents 

those areas that contain the features 

essential to the conservation of the 

species. 

In the 2006 final critical habitat 

designation for the California red-legged 

frog (71 FR 19281; April 13, 2006), we 

excluded all Forest Service lands 

managed under the Sierra Nevada Forest 

Plan Amendment (SNFPA) under 

section 4(b)(2) of the Act. We based this 

decision on the conservation benefits to 

the frog outlined in the SNFPA. In the 

proposed revised critical habitat 

designation issued on September 16, 

2008 (73 FR 53491) we asked for public 

comment regarding the exclusion of 

these lands from the designation under 

section 4(b)(2) of the Act and whether 

the SNFPA was an appropriate 

mechanism for exclusion. Although the 

SNFPA addresses the California redlegged frog in Chapter 4, and states 

generally that the ‘‘species parameters 

are similar to those applicable to other 

areas of California’’ (USDA 2004, pp. 

234–239), no details are given as to what 

specific conservation measures would 

be implemented and how these 

measures would benefit the California 

red-legged frog. The SNFPA does state 

that the preferred alternative is to limit 

streambank disturbance to 10 percent of 

any reach within critical aquatic refuges 

and the SNFPA does limit streambank 

disturbance to 20 percent of any reach 

in general. Again these measures are not 

specific to identify how and where these 

measures will be implemented and how 

they will benefit the California redlegged frog. Consequently, we are not 

exercising our discretion to exclude 

Forest Service lands from the final 

designation because the SNFPA not 

including specific measures to protect 

and conserve the California red-legged 

frog and its habitat. 

In the 2006 final critical habitat 

designation, we also excluded the entire 

critical habitat unit CAL-1 from 

Calaveras County, California, under 

section 4(b)(2) of the Act. We based this 

decision on the actions of a single 

private landowner who has been 

managing for the frog on their property 

and who has been encouraging 

additional landowners to join efforts to 

conserve the frog. Since our publication 

of the proposed revised designation of 

critical habitat in September 2008 (73 

FR 53491), we held a public meeting to 

discuss the revised proposal in San 

Andreas, California on October 30, 

2008, and to answer questions regarding 

the Unit CAL-1. Shortly after the 

meeting we were approached by several 

private landowners within the unit that 

are willing to work with us on 

potentially developing conservation 

efforts for the frog on their lands. We are 

also working with the County of 

Calaveras on developing a Habitat 

Conservation Plan for the California redlegged frog and other listed or sensitive 

species in the county. However, we 

have not been able to finalize a HCP or 

other management plans to assure 

development and implementation of 

conservation measures and protection 

for the California red-legged frog or its 

habitat. As a result we are not excluding 

the lands within Unit CAL-1 from the 

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

Act. 

In the 2008 proposed revised 

designation, we used the recovery plan 

for the California red-legged frog 

(Service 2002, pp. 1–173) as part of our 

criteria. Specifically, we used the 34 

core areas described in the recovery 

plan to focus our efforts on where to 

designate critical habitat. We attempted 

to include areas in this critical habitat 

designation from those 34 core areas 

that contain those physical and 

biological features essential to the 

conservation of the species, that were 

unique habitat types for the species, that 

were a representation of the species’ 

geographic range within each core area, 

and that were most appropriate for 

conservation of the species across its 

current range. When determining 

critical habitat, we included areas that 

met the definition of critical habitat and 

that maximized the potential for the 

conservation of the species, and we 

attempted to avoid potential conflict 


sroberts on DSKD5P82C1PROD with RULES
12832 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

with development. As a result, we 

included several new areas within the 

species’ current range as final revised 

critical habitat. We did not designate 

areas adjacent to development (i.e., 

planned development areas) if we 

determined that the areas do not contain 

sufficient PCEs to support one or more 

of the species’ life processes, or that the 

areas have low-quality PCEs because 

either the area is highly degraded and is 

likely not restorable or the area is small, 

highly fragmented, or isolated and may 

provide little or no long-term 

conservation value. As a result, 

designations adjacent to highly 

developed areas are ‘‘pulled-back’’ to 

areas that are more biologically 

defensible and less likely to be affected 

by anthropogenic activities. We did not 

exercise our discretion to exclude areas 

from the designation based solely on 

planned development. 

In the proposed revised critical 

habitat we also included a new unit in 

the Sierra Nevada (Unit PLA-1); 

bringing the total number of units in the 

designation to six for the Sierra Nevada 

region. 

In the 2006 final critical habitat 

designation, we interpreted the 

‘‘occupied at time of listing’’ standard to 

include only those specific records 

mentioned in the final listing rule (May 

23, 1996; 61 FR 25813). The records 

identified in the final listing rule were 

not the only locations where California 

red-legged frogs existed; rather, the final 

listing rule identified only those records 

reported to scientific, higher education, 

or informational sources. Other 

occupied areas outside those 

specifically mentioned in the final 

listing rule existed for the California 

red-legged frog. In this final revised 

designation, we interpreted ‘‘occupied at 

time of listing’’ based on the dates of 

occurrence records and life history of 

the California red-legged frog. For 

example, if an occurrence was recorded 

after the 1996 listing, but we could 

determine based on population size, 

demographics, and biological factors 

that the population was most likely 

present at the time of listing just not 

specifically recorded, we would 

consider the area as occupied at the 

time of listing for this final revised 

critical habitat designation. When 

determining occupancy, we considered 

metapopulation dynamics, population 

persistence, on-the-ground survey data, 

and California red-legged frog longevity. 

Bulger et al. (2003, pp. 85, 92) found 

more than 75 percent of California redlegged frogs are resident at permanent 

aquatic habitats over the course of a 

year, thereby providing local population 

stability. Survey data provided to us 

during the development of this and 

previous critical habitat rules show an 

average persistence of 19 years for 

California red-legged frog populations. 

Additionally, the California red-legged 

frog is considered long-lived, with a 

minimum longevity of male and female 

California red-legged frogs of between 8 

and 10 years, respectively (Jennings et 

al. 1992, p. 3), which also contributes to 

generational and metapopulation 

stability. 

In the 2006 rule, we only focused on 

designating those areas that contain 

large numbers and concentrations of 

occurrence records. In this final revised 

critical habitat designation we focused 

on occurrence records as well as on 

areas adjacent to the occurrences that 

we determined are essential or contain 

the features essential to the conservation 

of the species. 

We revised the primary constituent 

element that described the upland 

habitat surrounding water features (PCE 

3). The PCE in the 2006 rule limits the 

upland areas to 200 ft (60 m) from a 

water feature. Based on new biological 

information on protecting breeding and 

non-breeding aquatic features for the 

California red-legged frog and 

movements of the California red-legged 

frog between breeding and non-breeding 

habitat (Fellers and Kleeman 2007, pp. 

276–286), we decided that such 

determinations should be made on a 

case-by-case basis and removed the 

specific distance surrounding each 

individual water feature. In general, the 

upland habitat surrounding the aquatic 

breeding and non-breeding habitat 

(PCEs 1 and 2) would be limited to 1 mi 

(1.6 km) in most cases, depending on 

surrounding landscape and dispersal 

barriers. The 1 mi (1.6 km) distance is 

also the distance used in the Service’s 

site assessment and survey guidelines 

used in analyses under section 7 and 

section 10 of the Act for consultation 

purposes and allows for a better 

evaluation of habitat use and 

characteristics of a given area by the frog 

(Service 2005, pp. 1–26). 

In the 2008 proposed revised critical 

habitat designation we included a new 

area in Mendocino County (Unit MEN1) based on new genetic information on 

the northern coastal range of the species 

(Shaffer et al. 2004, pp. 2667–2677). The 

intent of the new unit was to capture 

habitat that would represent the 

northern extent of the species along the 

northern California coast. The 

occurrence information was based on 

CNDDB records (CNDDB 2008). 

Summary of Changes from the 2008 

Proposed Rule 

On September 16, 2008, we proposed 

revised critical habitat for the California 

red-legged frog comprising a total of 

1,804,865 ac (730,402 ha) (73 FR 53491). 

This final revised critical habitat 

designation includes approximately 

1,681,938 ac (680,656 ha) in 27 

California counties in 48 units, after 

refining areas based on public comment 

and excluding approximately 121,927 ac 

(49,746 ha) under section 4(b)(2) of the 

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

of the Act section below for a detailed 

discussion). 

In the 2008 proposed revised critical 

habitat designation, we included an area 

in Mendocino County (Unit MEN-1) as 

a result of genetic information on the 

northern coastal range of the species 

(Shaffer et al. 2004, pp. 2667–2677). We 

revised the boundary of this unit in the 

Federal Register document announcing 

the availability of the draft economic 

analysis on the proposed revised 

designation of critical habitat (74 FR 

19184; April 28, 2009). The revised Unit 

MEN-1 included approximately 26,875 

ac (10,876 ha), a change of an additional 

2,970 ac (1,202 ha) of critical habitat 

within this unit from the 2008 proposed 

revised designation. We revised Unit 

MEN-1 to better reflect new species 

occurrence data within the area and the 

habitat surrounding those records. On 

further review of the unit in this final 

revised designation, we have adjusted 

the boundaries to include only known 

California red-legged frog records or 

hybrid records genetically comprised 

mostly (50 percent or greater) of the 

California red-legged frog. This 

percentage was chosen because research 

on the exact boundary between the two 

species has not yet been determined and 

we wanted to avoid designating critical 

habitat in areas solely populated by the 

northern red-legged frog (Rana aurora). 

By choosing such a percentage we are 

ensuring that the designated unit is 

comprised mostly of pure California 

red-legged frogs. The unit currently 

includes the habitat from Manchester 

State Beach south to Riverside Road. 

Unit MEN-1 represents the northern 

extent of the California red-legged frog 

within the North Coast of California and 

likely represents a unique genetic 

component of the species. 

In response to public comments and 

site visits by Service staff, we 

reevaluated the boundaries of Unit CAL1 to assess the available habitat within 

the area and the locations used by the 

California red-legged frog. As a result, 

we revised the extent of the unit and 

removed those areas that we determined 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12833 

do not contain the physical and 

biological features essential for 

conservation of the California red-legged 

frog or that are part of the watershed not 

likely used by the species. 

The Secretary also exercised his 

discretion to exclude several areas from 

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

the Act due to potential impacts on 

national security (see Application of 

Section 4(b)(2) – Impacts to National 

Security section for further discussion) 

and the Department of Defense’s efforts 

to conserve the California red-legged 

frog on their military installations. 

These areas include: Vandenberg Air 

Force Base (24,913 ac (10,090 ha)) 

(Units STB-2 and STB-4) and Camp San 

Luis Obispo (5,612 ac (2,271 ha)) (Unit 

SLO-3). The Secretary further exercised 

his discretion to exclude several other 

areas either based on existing 

management plans or HCPs that 

specifically identify and implement 

measures to conserve and protect the 

California red-legged frog and its 

habitat. These areas include: Bonnie 

Doon Quarries Settlement Ponds HCP, 

Santa Cruz County (6 ac (3 ha)) (Unit 

SCZ-1); East Contra Costa HCP/NCCP, 

Contra Costa County (75,767 ac (30,662 

ha)) (Unit CCS-2); Western Riverside 

Multi-species HCP, Riverside County 

(4,069 ac (1,647 ha)) (Unit RIV-1); East 

Bay Regional Park District lands, Contra 

Costa County (14,627 ac (5,919 ha)) 

(Unit CCS-2); Hearst Ranch lands, San 

Luis Obispo County (34,777 ac (14,074 

ha)) (Unit SLO-2); and Spivey Pond 

Management Area (BLM), El Dorado 

County (54 ac (22 ha)) (Unit ELD-1). See 

the section Exclusions Under Section 

4(b)(2) of the Act for further discussion. 

Critical Habitat 

Critical habitat is defined in section 3 

of the Act as: 

(1) 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 

(a) essential to the conservation of the 

species and 

(b) that may require special 

management considerations or 

protection; and 

(2) 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 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, habitat within the 

geographical area occupied by the 

species at the time it was listed must 

contain the physical and biological 

features that are essential to the 

conservation of the species, and be 

included only if those features may 

require special management 

considerations or protection. Critical 

habitat designations identify, to the 

extent known using the best scientific 

data available, habitat areas that provide 

essential life-cycle needs of the species 

(i.e., areas on which are found the 

primary constituent elements laid out in 

the appropriate quantity and spatial 

arrangement essential to the 

conservation of the species). 

Under the Act, we can designate an 

area outside the geographical area 

occupied by the species at the time of 

listing as critical habitat only when we 

determine that the best available 

scientific data demonstrate that the 

designation of that area is essential for 

the conservation of the species. 

Section 4 of the Act requires that we 

designate critical habitat on the basis of 

the best scientific 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 

to designate as revised 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 

designation of critical habitat may not 

include all habitat areas that we may 

eventually determine, based on 

scientific data not now available to the 

Service, 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 support populations, 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. They 

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 

Federal 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 


sroberts on DSKD5P82C1PROD with RULES
12834 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

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. 

Primary Constituent Elements (PCEs) 

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

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 that may require special 

management considerations or 

protection to be the PCEs laid out in the 

appropriate quantity and spatial 

arrangement essential to the 

conservation of the species. These 

include, but are not limited to: 

(1) Space for individual and 

population growth and for normal 

behavior; 

(2) Food, water, air, light, minerals, or 

other nutritional or physiological 

requirements; 

(3) Cover or shelter; 

(4) Sites for breeding, reproduction, or 

rearing (or development) of offspring; 

and 

(5) Habitats that are protected from 

disturbance or are representative of the 

historical, geographical, and ecological 

distributions of a species. 

We derive the specific PCEs required 

for the California red-legged frog from 

its biological needs as described below; 

in the Background section of this final 

rule; in the proposed revised critical 

habitat designation (73 FR 53491; 

September 16, 2008); and in the final 

listing rule (61 FR 25813; May 23, 1996). 

Aquatic Breeding Habitat 

Aquatic breeding habitat is essential 

for providing space, food, and cover 

necessary to sustain all aquatic life 

stages of the California red-legged frog. 

It consists of low-gradient fresh water 

bodies, including natural and manmade 

(e.g., stock) ponds, backwaters within 

streams and creeks, marshes, lagoons, 

and dune ponds. It does not include 

deep lacustrine water habitat (e.g., deep 

lakes and reservoirs 50 ac (20 ha) or 

larger in size). 

To be considered essential breeding 

habitat, the aquatic feature must have 

the capability to hold water for a 

minimum of 20 weeks in all but the 

driest of years. This is the approximate 

amount of time needed for egg and 

tadpole development and 

metamorphosis so that juveniles can 

become capable of surviving in upland 

habitats (Storer 1925, pp. 242-243; 

Wright and Wright 1949, p. 418; 

Jennings 1988, p. 63). Drying of the 

aquatic habitat after that time can be 

beneficial because it helps prevent the 

establishment of predators such as fish 

in the family Centrarchidae (bass), 

mosquito fish (Gambusia affinis), or 

bullfrogs (Lithobates catesbeianus) 

(Hayes and Jennings 1988, p. 152; Cook 

1997, pp. ii, iii, 17–19; Scott 1998, p. 3; 

Lawler et al. 1999, pp. 613–622; Frost et 

al. 2006, p. 369; Cook and Jennings 

2007, p. 438; Crother et al. 2008, p. 7). 

Water quality requirements for eggs and 

tadpoles include low salinity (below 4.5 

parts per thousand (ppt) for eggs; up to 

7.0 ppt for tadpoles) (Jennings and 

Hayes 1990, pp. 18, 19; Jennings 1994, 

p. 1), and temperatures below about 73 

degrees Fahrenheit (23 degrees Celsius) 

(Cook 1997, p. 16; Nussbaum et al. 

1983, p. 160). Water bodies free of 

bullfrogs and nonnative predatory fish 

are optimal, but California red-legged 

frog populations can persist in the 

presence of one or the other of these 

predators (Kiesecker and Blaustein 

1998, pp. 776, 782; Lawler et al. 1999, 

pp. 613, 619–621; Cook and Jennings 

2007, p. 438). 

Adult California red-legged frogs can 

survive in moist upland areas after 

breeding habitat has dried, and can live 

up to 8 to 10 years to make new 

breeding attempts. Therefore, aquatic 

breeding habitat need not be available 

every year, but it must be available at 

least once within the frog’s lifespan for 

breeding to occur. In addition, the 

aquatic features must have appropriate 

hydroperiods (ponded habitat during 

the appropriate aquatic phase of the 

species) in order to maintain a 

California red-legged frog population 

during most years. Without aquatic 

breeding habitats, the California redlegged frog would not survive, 

reproduce, develop juveniles, and grow 

into adult California red-legged frogs 

that can complete their life cycles. 

Non-Breeding Aquatic and Riparian 

Habitat 

Non-breeding aquatic and riparian 

habitat is essential for providing the 

space, food, and cover necessary to 

sustain the California red-legged frog. 

Non-breeding aquatic habitat consists of 

shallow (non-lacustrine) freshwater 

features not suitable as breeding habitat, 

such as streams, small seeps, and ponds 

that dry too quickly to support breeding. 

Riparian habitat consists of vegetation 

growing nearby, but not typically in, a 

body of water on which it depends, and 

usually extends from the bank of a pond 

or stream to the margins of the 

associated floodplain. 

Other non-breeding aquatic features 

that the California red-legged frog is 

known to use include locations such as 

moist cracks at the bottom of dried 

ponds, seeps, springs, intermittent 

streams, and small ponds. Cracks in the 

bottom of dried ponds are used as 

refugia to maintain moisture and avoid 

heat and solar exposure (Alvarez 2004, 

p. 162). Fellers and Kleeman (2007, p. 

279) found that most California redlegged frogs leave their breeding habitat 

once breeding is completed and 

disperse to non-breeding aquatic habitat 

locations such as those listed above. 

Without these non-breeding aquatic 

features, the California red-legged frog 

would not be able to survive drought 

periods or disperse to other breeding 

habitat. 

Upland Habitat 

Upland habitats associated with 

riparian and aquatic habitat are essential 

to maintain California red-legged frog 

populations. This habitat type provides 

food and shelter sites for the California 

red-legged frog and assists in 

maintaining the integrity of aquatic sites 

by protecting them from disturbance 

and supporting the normal functions of 

the aquatic habitat. Upland habitat 

associated with occupied wetland 

habitat often contains blackberry (Rubus 

spp.), poison oak (Toxicodendron 

diversilobum), coyote brush (Baccharis 

pilularis), oaks (Quercus sp.), grasses, 

and other upland species, and serves as 

foraging habitat and provides shelter 

from predatory species (Service 2002, 

pp. 12–14; Fellers and Kleeman 2007, 

pp. 276–277). 

Upland habitat that contains the 

features essential to the conservation of 

the species consists of natural areas near 

the edge of the riparian vegetation or the 

edge of the watershed boundary, and 

includes the dispersal corridor between 

breeding and non-breeding aquatic 

habitat. This is based on the dispersal 

capabilities of the species (see the 

Dispersal Habitat section below), and 

research identifying the use of upland 

areas by the species (Rathbun et al. 

1993, pp. 15, 16; Bulger et al. 2003, pp. 

93, 94; Tatarian 2004, pp. 24, 25; Fellers 

and Kleeman 2007, p. 279). Tatarian 

(2004, p. 22) found the California redlegged frog inhabiting upland areas for 

50 days at a distance of 302 ft (92 m) 

from aquatic habitat; Bulger et al. (2003, 

pp. 87, 88) found that the species is 

capable of inhabiting upland habitats 

within 200 ft (60 m) of aquatic habitat 

for continuous durations exceeding 20 

days; and Rathbun et al. (1993, pp. 15, 

16) observed California red-legged frogs 

inhabiting upland riparian habitat for 

durations up to 77 days. California redVerDate Nov<24>2008 16:00 Mar 16, 2010 Jkt 220001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2

sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12835 

legged frogs often disperse from their 

breeding habitat to forage and seek 

suitable upland habitat if aquatic habitat 

is not available. 

As stated above in the Background 

section, the California red-legged frog is 

documented to disperse from ponds and 

streams a distance over 2.0 mi (3.2 km) 

(Bulger et al. 2003, p. 90). However, 

based on a review of the most current 

literature and information gathered in 

development of the recovery plan and 

subsequent critical habitat designations 

for the species, we determined that the 

2.0-mi (3.2-km) distance is near the 

maximum dispersal distance for the 

species during a single season, and that 

the 1-mi (1.6-km) distance is more 

reflective of the average dispersal 

distance for the California red-legged 

frog (Rathbun et al. 1993, pp. 15, 16; 

Wright 1999, pp. 1, 2; Bulger et al. 2003, 

p. 90; Tatarian 2004, table 9; Fellers and 

Kleeman 2005, pp. 14–16; Fellers and 

Kleeman 2007, pp. 276–286). In 

addition, upland habitat features will 

influence California red-legged frog 

movements in a particular landscape. 

For example, in an area that contains a 

riparian habitat surrounded by drier 

chaparral habitat you would expect the 

frog to avoid movements into the drier 

habitat and to use the riparian area as 

a corridor for movement. Based on the 

landscape characteristics within the 

species’ range and the species’ reported 

dispersal capabilities, the upland 

habitat surrounding the aquatic 

breeding and non-breeding habitat 

(PCEs 1 and 2) would be limited to 1 mi 

(1.6 km) in most cases depending on 

surrounding landscape and dispersal 

barriers. 

Upland habitat used by the California 

red-legged frog includes structures that 

provide shade, moisture, and cooler 

temperatures. These structures may be 

natural, such as the spaces under 

boulders or rocks and organic debris 

(e.g., downed trees or logs), or they 

could be manmade, such as 

construction debris or agricultural 

features (e.g., concrete blocks, drains, 

watering troughs, spring boxes, 

abandoned sheds, stacks of hay or other 

vegetation). The California red-legged 

frogs will also use small mammal 

burrows and moist leaf litter as refugia 

(Jennings and Hayes 1994, p. 64; Fellers 

and Kleeman 2005, p. 12). 

Dispersal Habitat 

Dispersal habitat provides 

connectivity among California redlegged frog breeding (and associated 

upland) habitat patches. While the 

California red-legged frog can pass many 

obstacles, and does not require a 

particular type of habitat for dispersal, 

the habitat connecting breeding 

locations and other aquatic habitat must 

be free of barriers that prevent California 

red-legged frogs from dispersing. 

Designated dispersal habitat consists 

of upland and riparian habitat 

contiguous with breeding and nonbreeding aquatic habitat that is free of 

barriers, and connects two or more 

patches of aquatic habitat within 1 mi 

(1.6 km) of one another. Dispersal 

barriers include heavily traveled roads 

(Vos and Chardon 1998, pp. 44, 54; 

Glista et al. 2008, pp. 81–82) that 

possess no bridges or culverts, 

moderate- to high-density urban or 

industrial developments with large 

expanses of asphalt or concrete that do 

not contain the PCEs or features 

essential to conservation of the species, 

and large lakes or reservoirs over 50 ac 

(20 ha). Agricultural lands such as row 

crops, orchards, vineyards, and pastures 

do not constitute barriers to California 

red-legged frog dispersal. 

The California red-legged frog is 

documented to travel as far as 2.2 mi 

(3.6 km) from non-breeding to breeding 

habitats (Bulger et al. 2003, p. 90). These 

long-distance movements are likely 

migrations rather than use of corridors 

for moving between habitats (Scott and 

Rathbun 1998, pp. 2, 3). Additionally, 

these movements occur with apparent 

disregard to topography, vegetation 

type, or riparian corridors (Bulger et al. 

2003, pp. 93, 94; Fellers and Kleeman 

2005, pp. 15, 16). Based on our review 

of the best scientific data available, we 

conclude that 2.2 mi (3.6 km) is likely 

near the upward limit of dispersal 

capability for the California red-legged 

frog within a single season and that a 1- 

mi (1.6-km) dispersal distance will, in 

most instances, provide for connectivity 

between breeding aquatic habitats, nonbreeding aquatic habitats, and areas of 

non-aquatic (i.e., upland) habitat and 

can be used as a general guide for 

habitat use (Rathbun et al. 1993, pp. 15, 

16; Wright 1999, pp. 1, 2; Bulger et al. 

2003, p. 90; Tatarian 2004, table 9; 

Fellers and Kleeman 2005, pp. 14–16; 

Fellers and Kleeman 2007, pp. 276– 

286). However, we also concur with 

Fellers and Kleeman (2007, p. 279) in 

that the exact extent of habitat use by 

the California red-legged frog is 

influenced by habitat availability and 

the location of movement corridors. 

Accessible dispersal habitat provides 

opportunities for the California redlegged frog to move freely across the 

landscape in search of adjacent breeding 

and non-breeding habitats. Accessible 

dispersal habitat is considered essential 

to the conservation of the species and 

provides for: (1) Movement and 

establishment of home ranges by 

juvenile recruits; (2) Maintenance of 

gene flow through the movement of 

juveniles and adults between 

populations; and (3) recruitment into 

new breeding habitat or recolonization 

of breeding habitat after local 

extirpations. 

Primary Constituent Elements (PCEs) 

for the California Red-Legged Frog 

Within the geographical area 

occupied by the California red-legged 

frog at the time of listing, we must 

identify the physical or biological 

features essential to the conservation of 

the species that may require special 

management considerations or 

protection. This final revised critical 

habitat designation encompasses those 

areas containing the PCEs that are 

necessary to support one or more of the 

species’ life history functions and that 

are laid out in the appropriate quantity 

and spatial arrangement essential to the 

conservation of the species. As stated in 

the Criteria Used to Identify Critical 

Habitat section of this rule, we believe 

that we can conserve the California redlegged frog within its extant range, and 

we are therefore not including any areas 

outside the geographical area currently 

occupied by the species. Because not all 

life-history functions require all the 

PCEs, not all areas designated as critical 

habitat will contain all the PCEs. 

Based on the above needs and our 

current knowledge of the life-history, 

biology, and ecology of the California 

red-legged frog, we determined the 

California red-legged frog’s PCEs are: 

(1) Aquatic Breeding Habitat. 

Standing bodies of fresh water (with 

salinities less than 4.5 ppt), including 

natural and manmade (e.g., stock) 

ponds, slow-moving streams or pools 

within streams, and other ephemeral or 

permanent water bodies that typically 

become inundated during winter rains 

and hold water for a minimum of 20 

weeks in all but the driest of years. 

(2) Aquatic Non-Breeding Habitat. 

Freshwater pond and stream habitats, as 

described above, that may not hold 

water long enough for the species to 

complete its aquatic life cycle but which 

provide for shelter, foraging, predator 

avoidance, and aquatic dispersal of 

juvenile and adult California red-legged 

frogs. Other wetland habitats considered 

to meet these criteria include, but are 

not limited to: plunge pools within 

intermittent creeks, seeps, quiet water 

refugia within streams during high 

water flows, and springs of sufficient 

flow to withstand short-term dry 

periods. 

(3) Upland Habitat. Upland areas 

adjacent to or surrounding breeding and 

non-breeding aquatic and riparian 


sroberts on DSKD5P82C1PROD with RULES
12836 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

habitat up to a distance of 1 mi (1.6 km) 

in most cases (i.e., depending on 

surrounding landscape and dispersal 

barriers) including various vegetational 

types such as grassland, woodland, 

forest, wetland, or riparian areas that 

provide shelter, forage, and predator 

avoidance for the California red-legged 

frog. Upland features are also essential 

in that they are needed to maintain the 

hydrologic, geographic, topographic, 

ecological, and edaphic features that 

support and surround the aquatic, 

wetland, or riparian habitat. These 

upland features contribute to: (1) Filling 

of aquatic, wetland, or riparian habitats; 

(2) maintaining suitable periods of pool 

inundation for larval frogs and their 

food sources; and (3) providing nonbreeding, feeding, and sheltering habitat 

for juvenile and adult frogs (e.g., shelter, 

shade, moisture, cooler temperatures, a 

prey base, foraging opportunities, and 

areas for predator avoidance). Upland 

habitat should include structural 

features such as boulders, rocks and 

organic debris (e.g., downed trees, logs), 

small mammal burrows, or moist leaf 

litter. 

(4) Dispersal Habitat. Accessible 

upland or riparian habitat within and 

between occupied or previously 

occupied sites that are located within 1 

mi (1.6 km) of each other, and that 

support movement between such sites. 

Dispersal habitat includes various 

natural habitats, and altered habitats 

such as agricultural fields, that do not 

contain barriers (e.g., heavily traveled 

roads without bridges or culverts) to 

dispersal. Dispersal habitat does not 

include moderate- to high-density urban 

or industrial developments with large 

expanses of asphalt or concrete, nor 

does it include large lakes or reservoirs 

over 50 ac (20 ha) in size, or other areas 

that do not contain those features 

identified in PCE 1, 2, or 3 as essential 

to the conservation of the species. 

Special Management Considerations or 

Protections 

When designating critical habitat 

within the geographical area that is 

occupied at the time of listing, we 

identify the features that are essential to 

the conservation of the species and 

assess whether those features may 

require special management 

considerations or protection. 

The area designated as revised critical 

habitat will require some level of 

management to address current and 

future threats to the California redlegged frog and maintain the physical 

and biological features essential to the 

conservation of the species. Special 

management will be required in all 

units to ensure that aquatic and upland 

habitats provide abundant breeding and 

non-breeding areas, prey species, 

shelter, and connectivity within the 

landscape. The designation of critical 

habitat does not imply that areas outside 

of the final revised critical habitat 

designation do not play an important 

role in the conservation of the California 

red-legged frog. Areas outside the final 

revised critical habitat designation will 

continue to be subject to conservation 

actions implemented under section 

7(a)(1) of the Act, regulatory protections 

afforded by the section 7(a)(2) jeopardy 

standard, and the prohibitions of section 

9 of the Act. These protections and 

conservation tools will continue to 

contribute to recovery of the species. 

A detailed discussion of threats to the 

California red-legged frog and its habitat 

can be found in the final listing rule 

(May 23, 1996; 61 FR 25813); the 2001 

critical habitat designation (March 13, 

2001; 66 FR 14626); the 2006 critical 

habitat designation (April 13, 2006; 71 

FR 19243); the 2008 proposed revised 

critical habitat designation (September 

16, 2008; 73 FR 53491); and the 2002 

recovery plan (Service 2002, pp. 1-173). 

Threats that may warrant special 

management considerations or 

protection of those features that define 

essential habitat in the appropriate 

quantity and spatial arrangement for the 

California red-legged frog include, but 

are not limited to: disease; direct and 

indirect impacts from some human 

recreational activities; flood control 

maintenance activities; water 

diversions; mining; dredging; 

sedimentation; water chemistry or 

temperature alterations; pesticide 

application; overgrazing; competition 

and predation by nonnative animal 

species; and habitat removal and 

alteration by urbanization, timber 

activities, and nonnative plant 

introduction. These threats may cause 

habitat alteration, degradation, or 

fragmentation and the direct or indirect 

loss of California red-legged frog eggs, 

juveniles, or adults or their habitat. 

Criteria Used To Identify Critical 

Habitat 

As required by section 4(b)(2) of the 

Act, we use the best scientific data 

available in determining within the 

geographical area occupied at the time 

of listing the specific areas on which are 

found the features essential to the 

conservation of the California red-legged 

frog which may require special 

management considerations or 

protection, as well as in determining if 

any specific areas outside the 

geographical area occupied by the 

species are essential for the 

conservation of the California red-legged 

frog. We are designating critical habitat 

for the California red-legged frog within 

areas that we determined were occupied 

at the time of listing and that contain 

the physical and biological features 

essential to the conservation of the 

species. Lands are designated based on 

sufficient essential features being 

present to support one or more life 

processes. 

Based on the criteria used to identify 

critical habitat for the California redlegged frog, we believe those areas 

designated as critical habitat within the 

geographical area occupied by the 

species at the time of listing and those 

occupied areas identified subsequent to 

listing are sufficient to conserve the 

California red-legged frog. Our strategy 

for determining features essential to the 

conservation of the species was to target 

areas known to be occupied by the 

California red-legged frog at the time of 

listing, or known to possess high-quality 

habitat likely to be occupied based on 

proximity to known occurrences, 

contiguous habitat, and dispersal 

capabilities of the California red-legged 

frog. We included large blocks of 

contiguous habitat that: (1) provide 

geographic distribution across the range 

of the species; (2) represent the full 

range of habitat and environmental 

variability the species occupies; (3) 

avoid conflict with existing commercial 

and residential development; (4) focus 

on public land, where available; and (5) 

where possible, overlap with other 

critical habitat designations. We believe 

the areas designated provide for the 

conservation of the California red-legged 

frog because the areas support large 

stable populations throughout the range 

of the species. The areas selected 

represent a distribution across the 

species’ range and incorporate the 

northern and southern extent of the 

species within the coastal, interior 

coast, interior valleys, and Sierra 

Nevada Mountains. We believe the 

critical habitat units provide for 

connectivity and dispersal opportunities 

within, and in most cases between, 

units. Such opportunities for dispersal 

assist in maintaining the population 

structure and distribution of the 

California red-legged frog. We realize 

that there are areas outside of the 

designation that are included in the 

recovery plan and past critical habitat 

designations as having California redlegged frog occurrences or containing 

some of the primary constituent 

elements and that these areas may be 

utilized by the California red-legged frog 

for breeding, non-breeding activities, 

movement, and dispersal. However, as 

stated above, we believe the areas 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12837 

designated in this rule provide for the 

conservation of the California red-legged 

frog. Therefore, we do not believe that 

we need to designate unoccupied areas 

for the species. 

We believe it is important to note that 

critical habitat designation is a different 

process than development of a recovery 

plan. A critical habitat designation is a 

specific regulatory action that defines 

specific areas as critical habitat in 

accordance with the statutory 

definition. A recovery plan is a 

guidance document, developed in 

cooperation with partners, which 

provides a roadmap with detailed, sitespecific management actions to help 

conserve listed species and their 

ecosystems. The term ‘‘essential’’ as used 

in the recovery plan does not 

necessarily carry the same meaning as 

in the definition of critical habitat. The 

recovery plan provides important 

information about the species and the 

actions that are needed to bring about its 

recovery, while critical habitat identifies 

specific areas that are essential for the 

species’ conservation. 

As required by section 4(b)(1)(A) of 

the Act, we used the best scientific data 

available in determining areas that 

contain the features essential to the 

conservation of the California red-legged 

frog, including the California red-legged 

frog recovery plan (Service 2002, pp. 1– 

173), reports submitted during section 7 

consultations and by biologists holding 

section 10(a)(1)(A) recovery permits, 

research published in peer-reviewed 

articles and presented in academic 

theses and agency reports, and regional 

Geographic Information Systems (GIS) 

coverages. We are not designating any 

areas outside the geographical area 

presently occupied by the species. 

We examined the core areas identified 

in the recovery plan and used these to 

focus our analysis of which areas to 

include in our critical habitat 

designation. We included a distribution 

of critical habitat within each core area 

that contains areas that were occupied 

at the time of listing and additional 

occupied areas identified as such 

subsequent to the time of listing. We 

found that the majority of newer 

occurrence records were within areas 

already known to support the California 

red-legged frog. We identified critical 

habitat units that have the highest 

likelihood to contain populations of the 

California red-legged frog based on (1) 

The presence of the defined PCEs; (2) 

the density of the California red-legged 

frog occurrences; (3) the kind, amount, 

and quality of habitat associated with 

those occurrences; and (4) the 

reasonable likelihood of habitat 

connectivity within and between units. 

The units contain the physical and 

biological features, as identified by the 

PCEs, in the appropriate quantity and 

arrangement essential to the 

conservation of the species. 

We considered several criteria in the 

selection of areas that contain the 

physical and biological features 

essential to the conservation of the 

California red-legged frog. We 

designated units throughout the 

geographical, elevational, and ecological 

distribution of the species that: (1) 

Maintain the current population 

structure across the species’ range; (2) 

retain or provide for connectivity 

between breeding sites to allow for the 

continued existence of viable and 

essential metapopulations, despite 

fluctuations in the status of 

subpopulations; (3) possess large 

continuous blocks of occupied habitat, 

representing source populations or 

unique ecological characteristics; and 

(4) contain sufficient upland habitat 

around each breeding location to allow 

for sufficient survival and recruitment 

to maintain a breeding population over 

the long term. We then compared areas 

meeting these requirements to the core 

areas identified in the recovery plan for 

the species (Service 2002, pp. 1–173) 

and adjusted the number and 

distribution of units so that all core 

areas were represented in this final 

revised critical habitat designation. 

We delineated critical habitat 

boundaries using the following steps. 

We examined the range of the species as 

identified in our 2002 recovery plan for 

the California red-legged frog (Service 

2002, pp. 1-173). We then determined 

the occupancy status of areas on the 

basis of report data compiled by the 

California Department of Fish and Game 

(CDFG) (CNDDB 2009). Initially, we 

used the 1996 final listing rule to 

establish those areas occupied at the 

time of listing. Subsequently, we used 

information on California red-legged 

frog population size, demographics, and 

biology to determine that additional 

areas were also occupied at the time of 

listing. Our designation does not 

include all areas where the California 

red-legged frog is known to occur. When 

determining which occupied areas 

contain the physical and biological 

features essential to the conservation of 

the species or the specific areas 

essential for the conservation of the 

species identified subsequent to those 

areas identified at the time of listing, we 

considered theories of metapopulation 

persistence, on-the-ground survey data, 

and the California red-legged frog’s 

longevity. Bulger et al. (2003, pp. 85, 92) 

found more than 75 percent of 

California red-legged frogs are resident 

at permanent aquatic habitats over the 

course of a year, thereby providing local 

population stability. Survey data 

provided to us during the development 

of this and previous critical habitat rules 

show an average persistence of 19 years 

for California red-legged frog 

populations. Additionally, California 

red-legged frogs are considered longlived with a minimum longevity of male 

and female California red-legged frogs 

between 8 and 10 years respectively 

(Jennings et al. 1992, p. 3), which also 

contributes to generational and 

metapopulation stability. For the above 

reasons, we believe that California redlegged frog populations located after the 

time of listing were actually present at 

the time of listing. This is because not 

all information on species locations 

existed or were available at that time 

(1996), and because new populations 

were unlikely to have been established 

in the interim period. 

We conducted a more detailed 

analysis of the occurrence data records 

by evaluating records where the exact 

site location was not identified or 

confirmed, and we removed those 

locations from our analysis. We then 

selected areas that were inhabited by 

source populations that are capable of 

maintaining their current population 

levels and providing individuals to 

recruit into subpopulations found in 

adjacent areas. We based this on the 

occurrence information or history for 

the site and persistence within the area. 

Additionally, we selected several areas 

that have ecological significance 

because of their unique features or 

settings, with the goal of representing 

the full range of the habitat variability 

and evolutionary adaptation in this 

species. These unique areas include 

locations on the periphery of the current 

range or that are representative of the 

varying habitats occupied by the 

California red-legged frog (i.e., coastal 

areas, interior coast, interior valleys, 

and montane habitats) to cover the full 

distribution of the species, and areas 

that provide connectivity among 

populations. 

Critical habitat units were delineated 

by creating approximate areas for the 

units by screen-digitizing polygons 

(map units) using ArcMap 

(Environmental Systems Research 

Institute, Inc.), a GIS program. The 

polygons were created by overlaying a 

1-mi (1.6-km) radius around locations 

with occurrence records. We then used 

this distance as a guide for mapping the 

physical and biological features 

essential to the conservation of the 

species around the locations of 

California red-legged frog populations 

(see Dispersal Habitat section). As stated 


sroberts on DSKD5P82C1PROD with RULES
12838 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

above, the California red-legged frog has 

been documented to disperse from 

ponds and streams a distance greater 

than 2.0 mi (3.2 km) (Bulger et al. 2003, 

p. 90). However, based on our review of 

the best scientific data available, we 

determined that the 2.0-mi (3.2-km) 

distance is likely near the maximum 

dispersal distance for the species during 

a single season, and that the 1-mi (1.6- 

km) distance is more reflective of the 

average dispersal distance for the 

California red-legged frog (Rathbun et 

al. 1993, pp. 15, 16; Wright 1999, pp. 1, 

2; Bulger et al. 2003, p. 90; Tatarian 

2004, Table 9; Fellers and Kleeman 

2005, pp. 14–16; Fellers and Kleeman 

2007, pp. 276-286). We recognize that 

upland habitat features will influence 

California red-legged frog movements in 

a particular landscape. As a result, we 

made adjustments to the upland areas of 

the critical habitat boundaries to 

include lands up to the watershed 

boundaries or habitat containing the 

PCEs beyond the 1-mi (1.6-km) distance 

(where appropriate) to aggregate clumps 

of occurrences and provide connectivity 

between occurrences. Whenever 

determinable, we removed areas not 

containing the PCEs from this revised 

designation, including agricultural, 

developed, disturbed, or fragmented 

lands. 

We evaluated the resulting units and 

refined the boundaries of the units 

within each watershed if it could be 

determined that certain areas within the 

units did not contain the primary 

constituent elements, were developed, 

or had dispersal barriers. We did not 

designate some areas because: (1) They 

do not contain sufficient PCEs to 

support one or more of the species’ life 

processes; (2) the habitat within the area 

is highly degraded and is likely not 

restorable; (3) the area is small, highly 

fragmented, or isolated and likely 

provides little or no long-term 

conservation value; or (4) we 

determined that a sufficient amount of 

critical habitat had already been 

designated for an area. We applied this 

last criterion by evaluating the number 

of occurrence records for an area, the 

area’s habitat quality or uniqueness, and 

the likelihood of persistence of the 

occurrences for an area. 

Finally, we focused on areas of high 

California red-legged frog abundance 

and areas needed to maintain 

connectivity between aquatic breeding 

habitats. We used the core areas 

identified in the recovery plan (Service 

2002, pp.1–173) to assist in focusing the 

areas and extent of the critical habitat 

boundaries. We refined unit boundaries 

by using watershed boundaries from the 

State of California’s CALWATER 

watershed classification system (version 

2.2) using the smallest (planning 

watersheds) watershed designation. 

Visual inspection of mapped California 

red-legged frog occurrence records 

revealed un-surveyed regions 

surrounded by surveyed regions (mostly 

adjacent to highly developed areas). 

Rather than designating critical habitat 

in a development fringe (areas adjacent 

to development), we designated in areas 

where fewer surveys may have been 

conducted but where California redlegged frogs are likely to occur based on 

nearby records and on similarity of 

habitat and presence of the physical and 

biological features essential to the 

conservation of the species. In areas 

where planning watersheds were large 

or hydrology was significantly altered, 

we used alternative structural, political, 

or topographic boundaries (e.g., streams, 

roads, county boundaries, ridgeline 

features, elevation contour lines) as the 

critical habitat boundary. These 

landscape features were used as critical 

habitat boundaries in these planning 

watershed areas because using a 

watershed boundary would have 

incorporated areas outside the species’ 

dispersal distance or areas of unknown 

conservation value for the California 

red-legged frog. We made every attempt 

to connect localized California redlegged frog populations into single 

critical habitat units, if sufficient PCEs 

were present, in an attempt to combine 

similar habitats and to provide for better 

management of the unit. 

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 

essential features for the California redlegged frog. 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 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 

these lands would not trigger section 7 

consultation with respect to critical 

habitat and the requirement of no 

destruction or adverse modification, 

unless the specific action may affect 

adjacent critical habitat. 

Final Critical Habitat Designation 

We are designating approximately 

1,636,609 ac (662,312 ha) of critical 

habitat for the California red-legged frog 

in 48 units that we proposed as revised 

critical habitat. We have determined 

that all units were occupied at the time 

of listing. The critical habitat areas in 

Tables 1 and 2, and the unit 

descriptions below constitute our best 

assessment at this time of areas that 

meet the definition of critical habitat for 

the California red-legged frog. Table 1 

lists those units we are excluding from 

critical habitat under section 4(b)(2) of 

the Act. Table 2 identifies the 

approximate area designated as critical 

habitat for the California red-legged frog 

by land ownership. Due to the 

conversion of GIS data from two 

different geographic projection zones 

(zone 10 and zone 11) and conversion 

of the data to acres and hectares, some 

rounding adjustments may be reflected 

in the area estimates. 

TABLE 1. SUMMARY OF AREAS EXCLUDED FROM THE DESIGNATION OF CRITICAL HABITAT FOR THE CALIFORNIA REDLEGGED FROG UNDER SECTION 4(B)(2) OF THE ACT. 

Unit 

Areas of Critical Habitat Areas Excluded 

ac ha ac ha 

ELD-1 5,525 2,236 54 22 

CCS-2 138,858 56,194 90,394 36,581 

SCZ-1 72,255 29,241 6 2 

SLO-2 117,449 47,530 34,777 14,074 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12839 

TABLE 1. SUMMARY OF AREAS EXCLUDED FROM THE DESIGNATION OF CRITICAL HABITAT FOR THE CALIFORNIA REDLEGGED FROG UNDER SECTION 4(B)(2) OF THE ACT.—Continued 

Unit 

Areas of Critical Habitat Areas Excluded 

ac ha ac ha 

SLO-3 122,420 49,541 5,612 2,271 

STB-2 36,004 14,570 23,912 9,684 

STB-4 8,693 3,518 1,001 405 

RIV-1 4,069 1,647 4,069 1,647 

Total 159,825 64,686 


sroberts on DSKD5P82C1PROD with RULES
12840 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations TABLE 2. CRITICAL HABITAT UNITS DESIGNATED FOR THE

CALIFORNIA RED-LEGGED FROG. 

Unit/Subunit 

Federal State Local/Tribal* Private 

Total 

ac ha ac ha ac ha ac ha 

BUT-1 3,256 1,318 281 114 1,757 711 5,294 2,142 YUB-1 2,494 1,009 3,828 1,549 6,322 2,558 NEV-1 3,171 1,283 12 5 5,102 2,065 8,285 3,353 PLA-1 814 329 430 174 1,243 503 ELD-1 705 285 4,766 1,929 5,471 2,214 CAL-1 2,764 1,119 2,764 1,119 MEN-1 86 35 296 120 92* 37* 21,340 8,636 21,814 8,828 SON-1 1,157 468 407 165 1,564 633 SON-2 4,932 1,996 4,932 1,996 SON-3 105 42 2,125 860 2,230 902 NAP-1 2,524 1,022 2,524 1,022 MRN-1 11 4 7,829 3,168 7,840 3,173 MRN-2 1,046 423 21,513 8,706 22,559 9,129 MRN-3 31,403 12,709 147 60 2,050 830 33,600 13,598 SOL-1 11,971 4,845 11,971 4,845 SOL-2 3,360 1,360 3,360 1,360 SOL-3 1,087 440 3,510 1,421 4,597 1,861 CCS-1 9,835 3,980 4,010 1,623 13,845 5,603 CCS-2A 3,006 1,217 277 112 944 382 4,227 1,711 CCS-2B 4,059 1,643 3,088 1,250 37,322 15,104 44,470 17,996 ALA-1A 603 244 3,047 1,233 3,650 1,477 ALA-1B 3,667 1,484 6,492 2,627 10,159 4,111 ALA-2 6,892 2,789 3,932 1,591 39,525 15,995 103,276 41,794 153,624 62,169 SNM-1 12 5 2,096 848 32,844 13,292 34,952 14,145 SNM-2 406 164 4,004 1,620 6,332 2,563 85,396 34,559 96,138 38,906 STC-1 37 15 8,451 3,420 43,795 17,723 52,283 21,158 STC-2 604 244 53,267 21,556 74 30 150,773 61,016 204,718 82,846 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12841 

SCZ-1 226 92 20,562 8,321 51,460 20,825 72,249 29,238 SCZ-2 115 46 3,942 1,595 4,057 1,642 MNT-1 519 210 519 210 MNT-2 26,098 10,562 374 151 1,373 556 91,647 37,088 119,492 48,357 MNT-3 9,960 4,030 4,245 1,718 13,338 5,398 27,542 11,146 SNB-1 13 5 3,109 1,258 33,172 13,424 36,294 14,687 SNB-2 17,356 7,024 17,356 7,024 SNB-3 20,048 8,113 43,706 17,687 63,753 25,800 SLO-1 169 68 17,849 7,223 18,018 7,292 SLO-2 440 178 648 262 81,585 33,016 82,673 33,457 SLO-3 29,104 11,778 5,737 2,322 81,676 33,053 116,517 47,153 SLO-4 26,183 10,596 8,280 3,351 34,463 13,947 STB-1 20,896 8,456 4,269 1,727 25,164 10,184 STB-2 35 14 12,031 4,869 12,066 4,883 STB-3 40,148 16,247 7,411 2,999 47,559 19,246 STB-4 44 18 7,641 3,092 7,685 3,110 STB-5 1,547 626 2,074 839 9,267 3,750 12,888 5,216 STB-6 1,881 761 29 12 10,075 4,077 11,985 4,850 STB-7 124,831 50,517 8 3 20,282 8,208 145,121 58,728 VEN-1 2,915 1,180 2,915 1,180 VEN-2 8,363 3,384 474 192 8,837 3,576 VEN-3 56 23 2,048 830 2,896 1,171 5,000 2,024 LOS-1 3,909 1,582 322 130 4,231 1,712 Total 363,931 147,278 106,970 43,289 79,700 32,254 1,090,223 441,197 1,636,609 662,312 


sroberts on DSKD5P82C1PROD with RULES
12842 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

Note: Area estimates (ac, (ha)) reflect 

the entire area within the critical habitat 

unit boundaries; areas supporting PCEs 

may have been included inadvertently 

as a result of mapping limitations. Due 

to conversion and rounding unit totals 

may not sum. 

Presented below are brief descriptions 

of the units we are designating as 

revised critical habitat for the California 

red-legged frog. The units are listed in 

order geographically north to south and 

west to east, with the exception of units 

in the Sierra Nevada foothills, which are 

listed first, north to south. For more 

information about the areas excluded 

from critical habitat, please see the 

‘‘Exclusions Under Section 4(b)(2) of the 

Act’’ section of this final rule. 

BUT-1, Hughes Place Pond 

This unit consists of approximately 

5,294 ac (2,142 ha) and is located in 

east-central Butte County, east of State 

Highway 70 and west of OrovilleQuincy Highway. This unit is mapped 

entirely from occurrences recorded 

subsequent to the time of listing, but 

based on life history and population 

dynamics of the species the area was 

most likely occupied at the time of 

listing. The unit is essential for the 

conservation of the species because the 

area contains aquatic habitat for 

breeding and non-breeding activities 

(PCE 1 and PCE 2), contains upland 

habitat for foraging and dispersal 

activities (PCE 3 and PCE 4), and is 

currently occupied by the species. This 

unit encompasses one of six extant 

Sierra Nevada foothill populations 

identified since the time of listing and 

is located in the easternmost portion of 

the species’ historical range. This unit 

would form one of the core areas for the 

species and would assist in maintaining 

the distribution of the species within 

the Sierra Nevada Mountains. This unit 

represents the California red-legged 

frog’s adaptation to a wide range of 

habitat and ecological conditions, and 

contains high-quality habitat. Land 

ownership within this unit consists of 

approximately 3,256 ac (1,318 ha) of 

Federal land, 281 ac (114 ha) of State 

land, and 1,757 ac (711 ha) of private 

land. 

The essential features in this unit may 

require special management 

considerations or protection due to 

necessary wildland fire suppression 

activities, which may dewater aquatic 

habitats and thereby result in the 

desiccation of egg masses or direct death 

of adults from water drafting; timber 

harvest activities; and predation by nonnative species. Please see the Special 

Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

YUB-1, Little Oregon Creek 

This unit consists of approximately 

6,322 ac (2,558 ha) of land and is 

located in northeastern Yuba County, 

north of Marysville Road and south of 

La Porte Road. YUB-1 is mapped 

entirely from records identified since 

the time of listing, but based on life 

history and population dynamics of the 

species the area was most likely 

occupied at the time of listing. The unit 

is considered essential for the 

conservation of the species because it 

contains aquatic habitat for breeding 

and non-breeding activities (PCE 1 and 

PCE 2), contains upland habitat for 

foraging and dispersal activities (PCE 3 

and PCE 4), and is currently occupied 

by the species. YUB-1 is one of six 

known extant Sierra Nevada foothill 

populations and is located in the 

easternmost portion of the species’ 

historical range. This unit would form 

one of the core areas for the species and 

would assist in maintaining the 

distribution of the species within the 

Sierra Nevada Mountains. This unit 

represents the California red-legged 

frog’s adaptation to a wide range of 

habitat and ecological conditions, is 

known to be occupied, and contains 

high-quality habitat. This unit consists 

of Federal (2,494 ac (1,009 ha)) and 

private (3,828 ac (1,549 ha)) lands. 

The essential features in this unit may 

require special management 

considerations or protection due to 

necessary wildland fire suppression 

activities, which may dewater aquatic 

habitats and thereby result in the 

desiccation of egg masses or direct death 

of adults from water drafting; timber 

harvest activities; and predation by nonnative species. Please see the Special 

Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

NEV-1, Sailor Flat 

This unit is comprised of 

approximately 8,285 ac (3,353 ha) of 

land and is located in central Nevada 

County, approximately 3 mi (5 km) 

northeast of Nevada City, south of Tyler 

Foote Road and north of State Highway 

20. NEV-1 is mapped entirely from 

occurrences recorded subsequent to the 

time of listing, but based on life history 

and population dynamics of the species 

the area was most likely occupied at the 

time of listing. The unit is considered 

essential for the conservation of the 

species because it contains aquatic 

habitat for breeding and non-breeding 

activities (PCE 1 and PCE 2), contains 

upland habitat for foraging and 

dispersal activities (PCE 3 and PCE 4), 

and is occupied by the species. NEV-1 

is one of six known extant Sierra 

Nevada foothill populations and is 

located in the easternmost portion of the 

species’ historical range. This unit 

would form one of the core areas for the 

species and would assist in maintaining 

the distribution of the species within 

the Sierra Nevada Mountains. This unit 

represents the California red-legged 

frog’s adaptation to a wide range of 

habitat and ecological variability, is 

currently known to be occupied, and 

contains high-quality habitat. This unit 

consists of Federal (3,171 ac (1,283 ha)), 

State (12 ac (5 ha)) and private (5,102 ac 

(2,065 ha)) lands. 

The essential features in this unit may 

require special management 

considerations or protection due to 

necessary wildland fire suppression 

activities, which may dewater aquatic 

habitats and thereby result in the 

desiccation of egg masses or direct death 

of adults from water drafting; timber 

harvest activities; and predation by nonnative species. Please see the Special 

Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

PLA-1, Michigan Bluff 

This unit is comprised of 

approximately 1,243 ac (503 ha) of land 

and is located in central Placer County 

Nevada County, approximately 4 mi (6 

km) east northeast of Foresthill. Unit 

PLA-1 is mapped entirely from 

occurrences recorded subsequent to 

listing, but based on life history and 

population dynamics of the species the 

area was most likely occupied at the 

time of listing. The unit is considered 

essential for the conservation of the 

species because it contains aquatic 

habitat for breeding and non-breeding 

activities (PCE 1 and PCE 2), contains 

upland habitat for foraging and 

dispersal activities (PCE 3 and PCE 4), 

and is occupied by the species. PLA-1 

is one of six known extant Sierra 

Nevada foothill populations and is 

located in the easternmost portion of the 

species’ historical range. This unit 

would form one of the core areas for the 

species and would assist in maintaining 

the distribution of the species within 

the Sierra Nevada Mountains. This unit 

represents the California red-legged 

frog’s adaptation to a wide range of 

habitat and ecological variability, is 

currently known to be occupied, and 

contains high-quality habitat. This unit 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12843 

consists of Federal (814 ac (329 ha)) and 

private (430 ac (174 ha)) lands. 

The essential features in this unit may 

require special management 

considerations or protection due to 

necessary wildland fire suppression 

activities, which may dewater aquatic 

habitats and thereby result in the 

desiccation of egg masses or direct death 

of adults from water drafting; timber 

harvest activities; and predation by nonnative species. Please see the ‘‘Special 

Management Considerations or 

Protection’’ section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

ELD-1, Spivey Pond 

This unit is comprised of 

approximately 5,471 ac (2,214 ha) of 

land and is located in central El Dorado 

County, south of State Highway 50 and 

east of Newton Road. ELD-1 is mapped 

entirely from occurrences recorded 

subsequent to listing. However, records 

at this location were first reported 1 year 

after listing (1997). Based on the number 

of mature, reproducing adults and nonreproducing juveniles, we have 

determined that this site was occupied 

at the time of listing. This unit contains 

features essential for the conservation of 

the species, including aquatic habitat for 

breeding and non-breeding activities 

(PCE 1 and PCE 2) and upland habitat 

for foraging and dispersal activities (PCE 

3 and PCE 4), and is occupied by the 

species. ELD-1 is 1 of 6 known extant 

Sierra Nevada foothill populations and 

is located in the easternmost portion of 

the species’ historical range. This unit 

would form one of the core areas for the 

species and would assist in maintaining 

the distribution of the species within 

the Sierra Nevada Mountains. This unit 

represents the California red-legged 

frog’s adaptation to a wide range of 

habitat and ecological variability, is 

currently known to be occupied, and 

contains high-quality habitat. The unit 

consists of Federal (705 ac (285 ha)) 

land and private (4,766 ac (1,929 ha)) 

lands. The essential features in this unit 

may require special management 

considerations or protection due to 

necessary wildland fire suppression 

activities, which may dewater aquatic 

habitats and thereby result in the 

desiccation of egg masses or direct death 

of adults from water drafting; timber 

harvest activities; and predation by 

nonnative species. Snows Quarry does 

not contain the PCEs, and we have 

removed it from this final designation of 

revised critical habitat. However, due to 

technical mapping constraints we did 

not physically remove the area from the 

map depicting unit ELD-1. A portion of 

the lands containing features essential 

to the conservation of the California redlegged frog in Unit ELD-1 have been 

excluded from critical habitat 

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

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

of the Act section below). 

CAL-1, Young’s Creek 

This unit is comprised of 

approximately 2,764 ac (1,119 ha) of 

land and is located in northwestern 

Calaveras County, north of State 

Highway 26 and south of Paloma Road. 

CAL-1 is mapped entirely from 

occurrences recorded subsequent to the 

time of listing and based on life history 

and population dynamics of the species 

the area was most likely occupied at the 

time of listing. The unit is essential for 

the conservation of the species because 

it contains aquatic habitat for breeding 

and non-breeding activities (PCE 1 and 

PCE 2), and upland habitat for foraging 

and dispersal activities (PCE 3 and PCE 

4), and is occupied by the species. This 

unit encompasses one of six known 

extant Sierra Nevada foothill 

populations identified since the time of 

listing and is located in the easternmost 

portion of the species historical range. 

This unit would form one of the core 

areas for the species and would assist in 

maintaining the distribution of the 

species within the Sierra Nevada 

Mountains. This unit represents the 

California red-legged frog’s adaptation 

to a wide range of habitat and ecological 

variability, is currently known to be 

occupied, and contains high-quality 

habitat. The unit consists entirely of 

private land. The essential features in 

this unit may require special 

management considerations or 

protection due to necessary wildland 

fire suppression activities, which may 

dewater aquatic habitats and thereby 

result in the desiccation of egg masses 

or direct death of adults from water 

drafting; overgrazing of land; and 

predation by non-native species. Please 

see the Special Management 

Considerations or Protection section of 

this final rule for a detailed discussion 

of the threats to California red-legged 

frog habitat and potential management 

considerations. 

MEN-1, Mills Creek 

This unit is comprised of 

approximately 21,814 ac (8,828 ha) of 

land and is located along the coast north 

and west of Manchester, California, 

including the majority of the Mills 

Creek watershed in Mendocino County. 

MEN-1 contains aquatic habitat for 

breeding and non-breeding activities 

(PCE 1 and PCE 2), and upland habitat 

for foraging and dispersal activities (PCE 

3 and PCE 4). The records within the 

unit were identified subsequent to 

listing as northern Mendocino County 

was thought to be outside the known 

range of the species. Based on life 

history and populations dynamics of the 

species this area was most likely 

occupied at the time of listing. 

Subsequent genetic research has 

confirmed the species occurs in this part 

of Mendocino County (Shaffer et al. 

2004, p. 2676). This unit is currently 

occupied and is essential to the 

conservation of the species because it 

contains permanent and ephemeral 

aquatic habitats consisting of streams 

and natural and manmade ponds 

surrounded by emergent vegetation and 

marshland with upland comprised of 

forested timber that provides for 

breeding and other upland areas for 

dispersal, shelter, and foraging. The unit 

also contains freshwater pond and 

stream habitats associated with upland 

dune complexes near the coast. 

Additionally, the unit represents the 

northernmost extent of the species’ 

range along the coast of California and 

may be genetically significant to the 

species (Shaffer et al. 2004, p. 2676). 

The unit consists of approximately 86 

acres (ac) (35 hectares (ha)) of Federal 

land; 296 ac (120 ha) of State land; 92 

ac (37 ha) of Tribal land; and 21,340 ac 

(8,636 ha) of private land. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the MEN-1 

unit may require special management 

considerations or protection due to nonnative animal species, habitat alteration 

from invasive plant species, timber 

harvesting which may alter aquatic or 

upland habitats and thereby result in 

the direct or indirect loss of egg masses 

or adults due to habitat modification 

and predation. Please see the Special 

Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

SON-1, Annadel 

This unit is comprised of 

approximately 1,564 ac (633 ha) of land, 

is located in Annadel State Park 

southeast of Santa Rosa, California, in 

Sonoma County, and contains features 

that are essential for the conservation of 

the species. SON-1 was known to be 

occupied at the time of listing and is 

currently occupied. SON-1 contains 

aquatic habitat for breeding and nonbreeding activities (PCE 1 and PCE 2), 

and upland habitat for foraging and 

dispersal activities (PCE 3 and PCE 4). 

The unit contains permanent and 

ephemeral aquatic habitat consisting of 


sroberts on DSKD5P82C1PROD with RULES
12844 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

marshland ponds with emergent 

vegetation surrounded by bulrush 

(Scirpus spp.) and cattail (Typha spp.), 

annual and perennial grasslands, oak 

forest, and Douglas-fir forests, which 

allow for breeding and non-breeding 

pond activities. Upland areas in the unit 

provide for dispersal, shelter, and 

foraging. The unit provides for 

connectivity between populations 

farther south in the northbay area (area 

north of San Francisco Bay), and 

contains high-quality, protected habitat. 

The unit also represents the distribution 

of the California red-legged frog in the 

northern interior Coast Range. The unit 

consists of State (1,157 ac (468 ha)) and 

private (407 ac (165 ha)) lands and is 

mapped from occurrences recorded at 

the time of listing and subsequent to the 

time of listing. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the SON-1 

unit may require special management 

considerations or protection due to 

nonnative animal species, habitat 

alteration from invasive plant species, 

and recreational use which may alter 

aquatic or upland habitats and thereby 

result in the direct or indirect loss of egg 

masses or adults due to habitat 

modification and predation. Please see 

the ‘‘Special Management 

Considerations or Protection’’ section of 

this final rule for a detailed discussion 

of the threats to California red-legged 

frog habitat and potential management 

considerations. 

SON-2, Sonoma Mountain 

This unit is comprised of 

approximately 4,932 ac (1,996 ha) of 

land and is located east of Petaluma, 

California, in the Sonoma Mountains in 

Sonoma County. SON-2 is mapped from 

occurrences recorded at the time and 

subsequent to the time of listing and is 

currently occupied. This unit is 

essential to the conservation of the 

species because it contains permanent 

and ephemeral breeding and nonbreeding aquatic habitats (PCE 1 and 

PCE 2) consisting of natural and 

manmade ponds surrounded by 

emergent vegetation and marshland 

with appropriate upland areas for 

dispersal, shelter, and foraging (PCE 3 

and PCE 4). The unit also provides for 

connectivity between populations 

farther north and south in the northbay 

(Counties North of San Francisco Bay), 

and contains high-quality habitat. The 

unit also represents the distribution of 

the California red-legged frog in the 

northern interior Coast Range. The unit 

consists entirely of private land. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the SON-2 

unit may require special management 

considerations or protection due to 

predation by nonnative species, and 

habitat alteration from invasive plant 

species, which may alter aquatic or 

upland habitats and thereby result in 

the direct or indirect loss of egg masses 

or adults due to habitat modification. 

Please see the Special Management 

Considerations or Protection section of 

this final rule for a detailed discussion 

of the threats to California red-legged 

frog habitat and potential management 

considerations. 

SON-3, Petaluma 

This unit is comprised of 

approximately 2,230 ac (902 ha) of land 

and is located southwest of Petaluma, 

California, near West Petaluma Regional 

Park in Sonoma County. SON-3 is 

mapped entirely from occurrences 

recorded subsequent to the time of 

listing, but based on life history and 

population dynamics of the species the 

area was most likely occupied at the 

time of listing. The unit is essential for 

the conservation of the species because 

it provides for connectivity between 

populations farther west in the 

northbay, and contains high-quality 

habitat. The unit also represents the 

distribution of the California red-legged 

frog in the northern interior Coast 

Range. This unit also contains aquatic 

habitat for breeding and non-breeding 

activities (PCE 1 and PCE 2), and upland 

habitat for foraging and dispersal 

activities (PCE 3 and PCE 4). SON-3 is 

currently occupied and contains 

permanent and ephemeral aquatic 

habitats comprised of manmade ponds 

and connecting streams surrounded by 

riparian and grassland habitat that 

provide for breeding, and upland areas 

for dispersal, shelter, and foraging. The 

unit consists of local government lands 

(105 ac (42 ha)) and private lands (2,125 

ac (860 ha)). 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the SON-3 

unit may require special management 

considerations or protection due to nonnative animal species, habitat alteration 

from invasive plant species, and 

recreational use which may alter aquatic 

or upland habitats and thereby result in 

the direct or indirect loss of egg masses 

or adults due to habitat modification 

and predation. Please see the ‘‘Special 

Management Considerations or 

Protection’’ section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

NAP-1, Wragg Creek 

This unit is comprised of 

approximately 2,524 ac (1,022 ha) of 

land, is located in east-central Napa 

County, is bisected by State Highway 

128, and lies largely to the west of State 

Highway 121. NAP-1 was known to be 

occupied at the time of listing, is 

currently occupied, and contains the 

features that are essential for the 

conservation of the species. The unit 

contains aquatic habitat for breeding 

and non-breeding activities (PCE 1 and 

PCE 2), and upland habitat for foraging 

and dispersal activities (PCE 3 and PCE 

4). The unit contains permanent and 

ephemeral aquatic habitats suitable for 

breeding and upland areas for dispersal, 

shelter, and food. The unit provides for 

connectivity between populations 

northwest of the northbay; represents 

the northern extent of the species’ range 

in the northern interior Coast Range; 

and contains high-quality habitat. The 

unit consists entirely of private land and 

is mapped from occurrences recorded at 

the time of listing and subsequent to the 

time of listing. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the NAP-1 

unit may require special management 

considerations or protection due to 

predation by nonnative species and 

habitat disturbance, which may alter 

aquatic or upland habitats and thereby 

result in the direct or indirect loss of egg 

masses or adults due to habitat 

modification. Please see the Special 

Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

MRN-1, Estero 

This unit is comprised of 

approximately 7,840 ac (3,173 ha) of 

land and is located in northwestern 

Marin County, west of State Highway 1 

along the Estero de San Antonio. MRN1 is occupied and contains occurrences 

recorded at the time of listing and 

subsequent to the time of listing. The 

area is occupied by the species, and 

contains features essential to the 

conservation of the species because it 

contains aquatic habitat for breeding 

and non-breeding activities (PCE 1 and 

PCE 2), and upland habitat for foraging 

and dispersal activities (PCE 3 and PCE 

4). MRN-1 provides for connectivity 

between populations in the northbay 

region. The unit also represents the 

distribution of the California red-legged 

frog in the northbay coastal area. The 

unit contains permanent and ephemeral 

aquatic habitats, such as shallow and 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12845 

deep pools, as well as ephemeral and 

permanent drainages surrounded by 

grasslands, emergent and other riparian 

vegetation that provide for aquatic 

breeding and non-breeding, and upland 

areas for dispersal, shelter, and foraging. 

The unit consists of 11 ac (4 ha) of State 

land and 7,829 ac (3,168 ha) of private 

land. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the MRN1 unit may require special management 

considerations or protection due to 

overgrazing of aquatic and riparian 

habitats, introduction of exotic 

vegetation, and urban development, 

which may alter aquatic or upland 

habitats and thereby result in the direct 

or indirect loss of egg masses or adults 

due to habitat modification. Please see 

the ‘‘Special Management 

Considerations or Protection’’ section of 

this final rule for a detailed discussion 

of the threats to California red-legged 

frog habitat and potential management 

considerations. 

MRN-2, Salmon Creek 

This unit is comprised of 

approximately 22,559 ac (9,129 ha) of 

land and is located in north-central 

Marin County, east of State Highway 1 

and north of Point Reyes Petaluma 

Road. MRN-2 is occupied and contains 

occurrences recorded subsequent to the 

time of listing, but based on life history 

and population dynamics of the species 

the area was most likely occupied at the 

time of listing. The area is essential to 

the conservation of the species because 

it contains aquatic habitat for breeding 

and non-breeding activities (PCE 1 and 

PCE 2), contains upland habitat for 

foraging and dispersal activities (PCE 3 

and PCE 4), and is occupied by the 

species. MRN-2 provides for 

connectivity between populations in the 

northbay region of the species’ coastal 

range. The unit also represents the 

distribution of the California red-legged 

frog in the northbay coastal area. The 

unit contains permanent and ephemeral 

aquatic habitats suitable for breeding; 

upland areas for dispersal, shelter, and 

food; and high-quality habitat. The unit 

consists of 1,046 ac (423 ha) of local 

government land and 21,513 ac (8,706 

ha) of private land. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the MRN2 unit may require special management 

considerations or protection due to nonnative animal species, habitat alteration 

from invasive plant species, and 

recreational use which may alter aquatic 

or upland habitats and thereby result in 

the direct or indirect loss of egg masses 

or adults due to habitat modification 

and predation. Please see the Special 

Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

MRN-3, Point Reyes Peninsula 

This unit is comprised of 

approximately 33,600 ac (13,598 ha) of 

land and is located in western Marin 

County, west of State Highway 1. MRN3 contains the features that are essential 

for the conservation of the species. The 

unit contains aquatic habitat for 

breeding and non-breeding activities 

(PCE 1 and PCE 2), and upland habitat 

for foraging and dispersal activities (PCE 

3 and PCE 4). MRN-3 was known to be 

occupied at the time of listing and is 

currently occupied. The unit contains 

high-quality permanent and ephemeral 

aquatic habitats suitable for breeding, 

and upland areas for dispersal, shelter, 

and food. The unit provides for 

connectivity between populations 

farther north and inland and represents 

the southern portion of the geographic 

range of the California red-legged frog 

within the northbay coastal region. The 

unit consists of Federal land (National 

Park Service) (31,403 ac (12,709 ha)), 

State land (147 ac (60 ha)), and private 

land (2,050 ac (830 ha)) and is mapped 

from occurrences recorded at the time of 

listing and subsequent to the time of 

listing. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the MRN3 unit may require special management 

considerations or protection due to 

predation by non-native species and to 

overgrazing of aquatic and riparian 

habitats which may alter aquatic or 

upland habitats and thereby result in 

the direct or indirect loss of egg masses 

or adults due to habitat modification. 

Please see the Special Management 

Considerations or Protection section of 

this final rule for a detailed discussion 

of the threats to California red-legged 

frog habitat and potential management 

considerations. 

SOL-1, Sky Valley 

This unit is comprised of 

approximately 11,971 ac (4,845 ha) of 

land and is located in southwestern 

Solano County and a portion of extreme 

southeastern Napa County, south of 

Interstate 80 and west of Interstate 680. 

SOL-1 contains the features that are 

essential for the conservation of the 

species. The unit contains aquatic 

habitat for breeding and non-breeding 

activities (PCE 1 and PCE 2), and upland 

habitat for foraging and dispersal 

activities (PCE 3 and PCE 4). Unit SOL1 was known to be occupied at the time 

of listing and is currently occupied. The 

unit contains high-quality permanent 

and ephemeral aquatic habitats suitable 

for breeding, and upland areas for 

dispersal, shelter, and food. The 

designation of this unit is expected to 

prevent further fragmentation of habitat 

in this portion of the species’ range and 

represents the southern extent of the 

species in the interior Coast Range north 

of the Suisun Bay. The unit consists 

entirely of private land and is mapped 

from occurrences recorded at the time of 

listing and subsequent to the time of 

listing. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the SOL-1 

unit may require special management 

considerations or protection due to 

overgrazing of aquatic and riparian 

habitats, and removal and alteration of 

habitat due to urbanization, which may 

alter or eliminate aquatic or upland 

habitats and thereby result in the direct 

or indirect loss of egg masses adults. 

Please see the Special Management 

Considerations or Protection section of 

this final rule for a detailed discussion 

of the threats to California red-legged 

frog habitat and potential management 

considerations. 

SOL-2, Jameson Canyon 

This unit is comprised of 

approximately 3,360 ac (1,360 ha) of 

land and is located in southwestern 

Solano County and a portion of extreme 

southeastern Napa County, south of 

Interstate 80 and west of Interstate 680. 

SOL-2 is mapped entirely from records 

found subsequent to the time of listing 

and is currently occupied, but based on 

life history and population dynamics of 

the species the area was most likely 

occupied at the time of listing. SOL-2 is 

essential for the conservation of the 

species because it provides connectivity 

to adjacent units to the south in the 

interior Coast Range north of the Suisun 

Bay and is expected to prevent further 

fragmentation of habitat in this portion 

of the species’ range. This unit also 

contains aquatic habitat for breeding 

and non-breeding activities (PCE 1 and 

PCE 2), and upland habitat for foraging 

and dispersal activities (PCE 3 and PCE 

4). The unit contains high-quality 

permanent and ephemeral aquatic 

habitats consisting of stream and plunge 

pools as well as large freshwater marsh 

surrounded by open grassland, willow 

(Salix spp.), and oak (Quercus agrifolia) 

that provide for breeding, and upland 

areas for dispersal, shelter, and foraging. 

The unit consists entirely of private 

land. 


sroberts on DSKD5P82C1PROD with RULES
12846 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the SOL-2 

unit may require special management 

considerations or protection due to nonnative animal species, over grazing of 

habitat, urbanization, habitat alteration 

from invasive plant species, and 

recreational use which may alter aquatic 

or upland habitats and thereby result in 

the direct or indirect loss of egg masses 

or adults due to habitat modification 

and predation. Please see the Special 

Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

SOL-3, American Canyon 

This unit is comprised of 

approximately 4,597 ac (1,861 ha) of 

land and is located in southwestern 

Solano County and a portion of extreme 

southeastern Napa County, north of 

Interstate 80 and south of Highway 12. 

SOL-3 was known to be occupied at the 

time of listing and is currently 

occupied. SOL-3 contains the features 

that are essential for the conservation of 

the species. The unit contains aquatic 

habitat for breeding and non-breeding 

activities (PCE 1 and PCE 2), and upland 

habitat for foraging and dispersal 

activities (PCE 3 and PCE 4). The unit 

contains high-quality permanent and 

ephemeral aquatic habitats consisting of 

pools, stream, and spring habitat 

surrounded by riparian tree species and 

annual grasslands that provide for 

breeding, and upland areas for 

dispersal, shelter, and foraging. The 

designation of this unit is expected to 

prevent further fragmentation of habitat 

in this portion of the species’ range and 

provides connectivity to other units 

farther north and south in the interior 

Coast Range north of the Suisun Bay. 

The unit consists of 1,087 ac (440 ha) of 

local nonprofit ownership and 3,510 ac 

(1,421 ha) of private land and is mapped 

from occurrences recorded at the time of 

listing and subsequent to the time of 

listing. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the SOL-3 

unit may require special management 

considerations or protection due to 

overgrazing of aquatic and riparian 

habitats, and loss and alteration of 

habitat due to urbanization, which may 

alter or eliminate aquatic or upland 

habitats and thereby result in the direct 

or indirect loss of egg masses or adults. 

Please see the Special Management 

Considerations or Protection section of 

this final rule for a detailed discussion 

of the threats to California red-legged 

frog habitat and potential management 

considerations. 

CCS-1, Berkeley Hills 

This unit is comprised of 

approximately 13,845 ac (5,603 ha) of 

land and is located in western Contra 

Costa County, south of Alhambra Valley 

Road and north of Bear Creek Road. 

CCS-1 contains the features that are 

essential for the conservation of the 

species. The unit contains aquatic 

habitat for breeding and non-breeding 

activities (PCE 1 and PCE 2), and upland 

habitat for foraging and dispersal 

activities (PCE 3 and PCE 4). CCS-1 was 

known to be occupied at the time of 

listing, is currently occupied, and 

contains high-quality permanent and 

ephemeral aquatic habitats suitable for 

breeding and upland areas for dispersal, 

shelter, and food. The designation of 

this unit is expected to prevent further 

fragmentation of habitat in this portion 

of the species’ range. The unit also 

represents the northern extent of the 

California red-legged frog in the eastbay 

region (area east of San Francisco Bay). 

The unit consists of private (4,010 ac 

(1,623 ha)) and local government (9,835 

ac (3,980 ha)) lands. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the CCS-1 

unit may require special management 

considerations or protection due to 

predation by nonnative species, and 

removal and alteration of habitat due to 

urbanization, and overgrazing of aquatic 

and riparian habitats, which may alter 

aquatic and upland habitats and thereby 

result in the direct or indirect loss of egg 

masses or adults due to habitat 

modification. Please see the Special 

Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

CCS-2, Mount Diablo 

This unit is comprised of two 

subunits (CCS-2A and CCS-2B), totals 

approximately 48,697 ac (19,707 ha) of 

land, and is located in eastern Contra 

Costa County and northeastern Alameda 

County, north of Highway 580. Unit 

CCS-2A (4,227 ac (1,711 ha)) and CCS2B (44,470 ac (17,996 ha)) contain the 

features that are essential for the 

conservation of the species. The 

subunits contain aquatic habitat for 

breeding and non-breeding activities 

(PCE 1 and PCE 2), and upland habitat 

for foraging and dispersal activities (PCE 

3 and PCE 4). Subunits CCS-2A and 

CCS-2B were known to be occupied at 

the time of listing and are currently 

occupied. The subunits contain 

permanent and ephemeral aquatic 

habitats suitable for breeding, and 

upland areas for dispersal, shelter, and 

food, and they provide for connectivity 

between populations farther south in 

the interior Coast Range. The Subunit 

CCS-2A also represents the northern 

extent of the California red-legged frog 

in the interior Coast Range. Subunit 

CCS-2B contains some of the highest 

concentrations of California red-legged 

frog and frog habitat and could serve as 

a source for potential reintroduction 

efforts. Subunit CCS-2A consists of State 

(3,006 ac (1,217 ha)), local government 

(277 ac (112 ha)), and private (944 ac 

(382 ha)) land, and subunit CCS-2B 

consists of State (4,059 ac (1,643 ha)), 

local government (3,088 ac (1,250 ha)), 

and private (37,322 ac (15,104 ha)) 

lands. Both subunits are mapped from 

occurrences recorded at the time of 

listing and subsequent to the time of 

listing. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in CCS-2 may 

require special management 

considerations or protection due to 

predation by nonnative species, 

urbanization, overgrazing of aquatic and 

riparian habitats, and erosion and 

siltation due to flooding, which may 

alter aquatic and upland habitats and 

thereby result in the direct or indirect 

loss of egg masses or adults. Please see 

the Special Management Considerations 

or Protection section of this final rule 

for a detailed discussion of the threats 

to California red-legged frog habitat and 

potential management considerations. A 

portion of the lands containing features 

essential to the conservation of the 

California red-legged frog in Unit CCS2 have been excluded from critical 

habitat designation under section 4(b)(2) 

of the Act (see Application of Section 

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

ALA-1A, Dublin Canyon 

This subunit is one of two subunits 

for the Alameda County area and is 

comprised of approximately 3,650 ac 

(1,477 ha) of land and is located in 

northwestern Alameda County and 

southern Contra Costa County, north of 

Highway 580 and west of Dublin, 

California. Unit ALA-1A contains the 

features that are essential for the 

conservation of the species. The subunit 

contains aquatic habitat for breeding 

and non-breeding activities (PCE 1 and 

PCE 2), and upland habitat for foraging 

and dispersal activities (PCE 3 and PCE 

4). ALA-1A was known to be occupied 

at the time of listing and is currently 

occupied. The subunit contains 

permanent and ephemeral aquatic 

habitats that provide for breeding that 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12847 

are comprised of manmade stock ponds 

and natural streams with emergent 

vegetation, willows (Salix spp.), or are 

surrounded by riparian vegetation, 

grasslands and oak forest. These aquatic 

habitats also have adjacent upland areas 

for dispersal, shelter, and foraging 

opportunities. The subunit provides for 

connectivity between populations 

farther south in the eastbay foothills. 

The unit also represents the southernmost distribution of the California redlegged frog and its habitat in the east 

bay region. The subunit consists entirely 

of local government land (603 ac (244 

ha)) and private land (3,047 ac (1,233 

ha)) and is mapped from occurrences 

recorded at the time of listing and 

subsequent to the time of listing. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the ALA1A subunit may require special 

management considerations or 

protection due to removal and alteration 

of habitat due to urbanization, alteration 

of aquatic and riparian habitats, 

dumping, and erosion and siltation of 

ponded habitat, which may alter aquatic 

or upland habitats and thereby result in 

the direct or indirect loss of egg masses 

or adults. Please see the ‘‘Special 

Management Considerations or 

Protection’’ section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

ALA-1B, Cook Canyon 

This subunit is the second of two 

subunits and is comprised of 

approximately 10,159 ac (4,111 ha) of 

land and is located in northwestern 

Alameda County, south of Highway 580. 

Unit ALA-1B contains the features that 

are essential for the conservation of the 

species. The subunit contains aquatic 

habitat for breeding and non-breeding 

activities (PCE 1 and PCE 2), and upland 

habitat for foraging and dispersal 

activities (PCE 3 and PCE 4). ALA-1B 

was known to be occupied at the time 

of listing and is currently occupied. The 

subunit contains permanent and 

ephemeral aquatic habitats comprised of 

manmade stock ponds and natural 

streams with emergent vegetation, 

willows (Salix spp.) surrounded by 

riparian vegetation, grasslands and oak 

forest that provide for breeding, and 

upland areas for dispersal, shelter, and 

foraging opportunities. The subunit 

provides for connectivity between 

populations farther north in the eastbay 

foothills. The subunit also represents 

the southern-most distribution of the 

California red-legged frog and its habitat 

in the east bay region. The subunit 

consists of local government land (3,667 

ac (1,484 ha)) and private land (6,492 ac 

(2,627 ha)) and is mapped from 

occurrences recorded at the time of 

listing and subsequent to the time of 

listing. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the ALA-1B 

subunit may require special 

management considerations or 

protection due to removal and alteration 

of habitat due to urbanization, alteration 

of aquatic and riparian habitats, and 

erosion and siltation of ponded habitat, 

which may result in direct or indirect 

loss of egg masses or adults. Please see 

the Special Management Considerations 

or Protection section of this final rule 

for a detailed discussion of the threats 

to California red-legged frog habitat and 

potential management considerations. 

ALA-2, Arroyo Valle 

This unit is comprised of 

approximately 153,624 ac (62,169 ha) of 

land and is located in southwestern 

Alameda County, south of Highway 580 

at Altamont Pass southeast into San 

Joaquin County and southwest into 

Santa Clara County near Arroyo Hondo 

and Calaveras Reservoir. Unit ALA-2 

contains the features that are essential 

for the conservation of the species. The 

unit contains aquatic habitat for 

breeding and non-breeding activities 

(PCE 1 and PCE 2), and upland habitat 

for foraging and dispersal activities (PCE 

3 and PCE 4). ALA-2 was known to be 

occupied at the time of listing and is 

currently occupied. The unit contains 

permanent and ephemeral aquatic 

habitats comprised of natural ponds and 

streams and manmade stock ponds with 

emergent vegetation, willows (Salix 

spp.) surrounded by riparian vegetation, 

grasslands and oak forest that provide 

for breeding, and upland areas for 

dispersal, shelter, and foraging 

opportunities. The unit provides for 

connectivity between populations 

farther north and south in the interior 

Coast Range. The unit consists of 

Federal (6,892 ac (2,789 ha)), State 

(3,932 ac (1,591 ha)), local government 

(39,525 ac (15,995 ha)), and private 

(103,276 ac (41,794 ha)) lands and is 

mapped from occurrences recorded at 

the time of listing and subsequent to the 

time of listing. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the ALA-2 

unit may require special management 

considerations or protection due to 

urbanization, alteration of aquatic and 

riparian habitats, and erosion and 

siltation of ponded habitat, which may 

alter aquatic or upland habitats and 

thereby result in the direct or indirect 

loss of egg masses or adults. Please see 

the Special Management Considerations 

or Protection section of this final rule 

for a detailed discussion of the threats 

to California red-legged frog habitat and 

potential management considerations. 

SNM-1, Cahill Ridge 

This unit is comprised of 

approximately 34,952 ac (14,145 ha) of 

land and is located in north central San 

Mateo County, west of Interstate 280 

and south of Pacifica, California. SNM1 contains the features that are essential 

for the conservation of the species. The 

unit contains aquatic habitat for 

breeding and non-breeding activities 

(PCE 1 and PCE 2), and upland habitat 

for foraging and dispersal activities (PCE 

3 and PCE 4). SNM-1 was known to be 

occupied at the time of listing and is 

currently occupied. The unit contains 

high-quality permanent and ephemeral 

aquatic habitats consisting of ponds and 

streams surrounded by riparian and 

emergent vegetation that provides for 

breeding and upland areas for dispersal, 

shelter, and food. The unit represents 

the only unit in the San Francisco 

peninsula, and would assist in 

maintaining the distribution of the 

California red-legged frog population 

within the San Francisco area, and 

provide connectivity to units farther 

south into Santa Cruz County. The unit 

consists of State (12 ac (5 ha)), private 

(32,844 ac (13,292 ha)), and local 

government (2,096 ac (848 ha)) lands 

and is mapped from occurrences 

recorded at the time of listing and 

subsequent to the time of listing. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the SNM-1 

unit may require special management 

considerations or protection due to 

development and nonnative invasive 

plants, which may alter aquatic and 

upland habitats and thereby result in 

the direct or indirect loss of egg masses 

or adults. Please see the Special 

Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

SNM-2, Pescadero 

This unit is comprised of 

approximately 96,138 ac (38,906) of 

land and is located in southwestern San 

Mateo County, south of Tunitas Creek, 

west of State Route 35 south into Santa 

Cruz County near Big Basin Redwoods 

State Park. Unit SNM-2 contains the 

features that are essential for the 

conservation of the species. The unit 

contains aquatic habitat for breeding 

and non-breeding activities (PCE 1 and 


sroberts on DSKD5P82C1PROD with RULES
12848 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

PCE 2), and upland habitat for foraging 

and dispersal activities (PCE 3 and PCE 

4). SNM-2 was known to be occupied at 

the time of listing and is currently 

occupied. The unit contains highquality permanent and ephemeral 

aquatic habitats consisting of ponds and 

streams surrounded by riparian and 

emergent vegetation that provides for 

breeding and upland areas for dispersal, 

shelter, and food. The unit provides 

connectivity to units farther north 

toward San Francisco and south into 

Santa Cruz County. The unit consists of 

Federal (406 ac (164 ha)), State (4,004 ac 

(1,620 ha)), local government (6,332 ac 

(2,563 ha)), and private (85,396 ac 

(34,559 ha)) lands and is mapped from 

occurrences recorded at the time of 

listing and subsequent to the time of 

listing. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the SNM-2 

unit may require special management 

considerations or protection due to 

development and nonnative invasive 

plants, which may alter aquatic and 

upland habitats and thereby result in 

the direct or indirect loss of egg masses 

or adults. Please see the Special 

Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

STC-1, Can ̃ ada de Pala 

This unit is comprised of 

approximately 52,283 ac (21,158 ha) of 

land and is located in north-central 

Santa Clara County, south of Calaveras 

Reservoir near Los Buellis Hills south 

along the ridgeline east of Santa Clara 

Valley to Anderson Lake and Henry Coe 

State Park. Unit STC-1 contains the 

features that are essential for the 

conservation of the species. The unit 

contains aquatic habitat for breeding 

and non-breeding activities (PCE 1 and 

PCE 2) and upland habitat for foraging 

and dispersal activities (PCE 3 and PCE 

4). STC-1 was known to be occupied at 

the time of listing, is currently 

occupied, and contains high-quality 

permanent and ephemeral aquatic 

habitats consisting of artificial and 

natural ponds and streams surrounded 

by emergent vegetation, grasslands and 

oak woodlands that provide for 

breeding, and upland areas for 

dispersal, shelter, and food. The 

designation of this unit is expected to 

assist in preventing further 

fragmentation of habitat in this portion 

of the species’ range and represents a 

connectivity corridor between units 

farther north into Contra Costa County 

and south into Merced and San Benito 

Counties. This unit consists of Federal 

(37 ac (15 ha)), local government (8,451 

ac (3,420 ha)), and private (43,795 ac 

(17,723 ha)) lands and is mapped from 

occurrences recorded at the time of 

listing and subsequent to the time of 

listing. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the STC-1 

unit may require special management 

considerations or protection due to 

predation by nonnative species, 

urbanization, the presence of exotic 

species, siltation and erosion of ponded 

habitat, and overgrazing of aquatic and 

riparian habitats, which may alter 

aquatic or upland habitats and thereby 

result in the direct or indirect loss of egg 

masses or adults. Please see the ‘‘Special 

Management Considerations or 

Protection’’ section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

STC-2, Wilson Peak 

This unit is comprised of 

approximately 204,718 ac (82,846 ha) of 

land and is located in southeastern 

Santa Clara County to western 

Stanislaus County down to northern San 

Benito County from Henry Coe State 

Park south to Mount Ararat (Merced 

County) and Mariposa Peak (San Benito 

County) to San Felipe (Santa Clara 

County). Unit STC-2 contains the 

features that are essential for the 

conservation of the species. The unit 

also contains aquatic habitat for 

breeding and non-breeding activities 

(PCE 1 and PCE 2), and upland habitat 

for foraging and dispersal activities (PCE 

3 and PCE 4). STC-2 was known to be 

occupied at the time of listing and is 

currently occupied. The unit contains 

high-quality permanent and ephemeral 

aquatic habitats suitable for breeding 

and upland areas for dispersal, shelter, 

and food. The designation of this unit is 

expected to prevent further habitat 

fragmentation; provide connectivity to 

units farther north in Santa Clara, 

Alameda, and Contra Costa Counties; 

and represents the southern portion of 

the areas designated within Santa Clara 

County and east bay. The unit consists 

of Federal (604 ac (244 ha)), State 

(53,267 ac (21,556 ha)), local 

government (74 ac (30 ha)), and private 

(150,773 ac (61,016 ha)) lands and is 

mapped from occurrences recorded at 

the time of listing and subsequent to the 

time of listing. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the STC-2 

unit may require special management 

considerations or protection due to 

predation by nonnative species, and 

habitat alteration from development 

activities which may affect aquatic 

habitats and thereby result in the direct 

or indirect loss of egg masses, juveniles, 

or adults. Please see the Special 

Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

SCZ-1, North Coastal Santa Cruz 

County 

This unit is comprised of 

approximately 72,249 ac (29,238 ha) of 

land and is located along the coastline 

of northern Santa Cruz County, plus a 

small area in southern San Mateo 

County, from approximately Green Oaks 

Creek to Wilder Creek. The unit 

includes the following watersheds: 

Green Oaks Creek, Waddell Creek, East 

Waddell Creek, Scott Creek, Big Creek, 

Little Creek, San Vicente Creek, Laguna 

Creek, and Majors Creek. The unit is 

mapped from occurrences recorded at 

the time of listing and subsequent to the 

time of listing and is currently 

occupied. SCZ-1 contains the features 

that are essential for the conservation of 

the species. The unit also contains 

aquatic habitat for breeding and nonbreeding activities (PCE 1 and PCE 2), 

and upland habitat for foraging and 

dispersal activities (PCE 3 and PCE 4). 

SCZ-1 provides connectivity between 

occupied sites along the coast and 

farther inland. In addition, it contains 

high-quality habitat, indicated by high 

density of extant occurrences, 

permanent and ephemeral aquatic 

habitat suitable for breeding, and 

accessible upland areas for dispersal, 

shelter, and food. The unit represents 

one of two areas designated for critical 

habitat in Santa Cruz County and is the 

northern extent of the central coast 

recovery unit. The unit consists of 

Federal (226 ac (92 ha)), State (20,562 ac 

(8,321 ha)), and private (51,460 ac 

(20,825 ha)) lands. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the SCZ-1 

unit may require special management 

considerations or protection due to 

water diversions, which may alter 

aquatic habitats and thereby result in 

the direct or indirect loss of egg masses, 

juveniles, or adults. Please see the 

Special Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. A 

portion of the lands containing features 

essential to the conservation of the 

California red-legged frog in Unit SCZVerDate Nov<24>2008 16:00 Mar 16, 2010 Jkt 220001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2

sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12849 

1 have been excluded from critical 

habitat designation under section 4(b)(2) 

of the Act (see Application of Section 

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

SCZ-2, Watsonville Slough 

This unit is comprised of 

approximately 4,057 ac (1,642 ha) of 

land and is located along the coastal 

plain in southern Santa Cruz County, 

north of the mouth of the Pajaro River 

and seaward of California Highway 1. It 

includes locations in the Watsonville 

Slough system, including all or portions 

of Gallighan, Hanson, Harkins, 

Watsonville, Struve, and the West 

Branch of Struve sloughs. The unit 

includes portions of the Corralitos 

Lagoon and Mouth of the Pajaro River 

watersheds. The unit is mapped from 

occurrences recorded at the time of 

listing and subsequent to the time of 

listing. SCZ-2 contains the features that 

are essential for the conservation of the 

species. This unit is currently occupied, 

and contains permanent and ephemeral 

aquatic habitat for breeding and nonbreeding activities (PCE 1 and PCE 2), 

and contains upland habitat for 

foraging, dispersal activities, and shelter 

(PCE 3 and PCE 4). SCZ-2 also provides 

connectivity between occupied sites 

along the coast and farther inland. The 

unit consists of Federal (115 ac (46 ha)) 

and private (3,942 ac (1,595 ha)) lands. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the SCZ-2 

unit may require special management 

considerations or protection due 

predation by nonnative species, and due 

to urbanization and the presence of 

introduced invasive plants, both of 

which may alter aquatic or upland 

habitats and thereby result in the direct 

or indirect loss of egg masses or adults. 

Please see the Special Management 

Considerations or Protection section of 

this final rule for a detailed discussion 

of the threats to California red-legged 

frog habitat and potential management 

considerations. 

MNT-1, Elkhorn Slough 

This unit is comprised of 

approximately 519 ac (210 ha) of land 

and is located along the coastal plain in 

northern Monterey County, inland from 

the town of Moss Landing, and it is 

mapped from occurrences recorded at 

the time of listing and subsequent to the 

time of listing. This unit is currently 

occupied. The unit includes the eastern 

edge of the Elkhorn Slough watershed 

and the western edge of the Strawberry 

Canyon watershed. MNT-1 contains the 

features that are essential for the 

conservation of the species. This unit 

contains aquatic habitat for breeding 

and non-breeding activities (PCE 1 and 

PCE 2), and upland habitat for foraging 

and dispersal activities (PCE 3 and PCE 

4). The designation of MNT-1 is 

expected to prevent further 

fragmentation of habitat in this portion 

of the species’ range, contains 

permanent and ephemeral aquatic 

habitats suitable for breeding, and 

contains upland areas for dispersal, 

shelter, and food. We have determined 

that these attributes are essential to the 

conservation of the species. Elkhorn 

Slough is unique in that it is a large 

estuary/freshwater slough system not 

typically found on the California coast. 

The unit consists entirely of private 

land. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the MNT1 unit may require special management 

considerations or protection due to 

pesticide exposure, trematode 

infestation, disease, and predation by 

nonnative species, which may affect 

aquatic or upland habitats and thereby 

result in the direct or indirect loss of egg 

masses or adults. Please see the ‘‘Special 

Management Considerations or 

Protection’’ section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

MNT-2, Carmel River 

This unit is comprised of 

approximately 119,492 ac (48,357 ha) of 

land, is located south and southeast of 

the city of Monterey, and includes 

locations in the Carmel River drainage 

and nearby San Jose Creek. The unit 

includes the following watersheds and 

portions of watersheds: the southern 

portion of Carmel Bay, Carmel Valley, 

Robinson Canyon, San Jose Creek, Las 

Garces Creek, Hitchcock Canyon, the 

western portion of Lower Tularcitos 

Creek, Klondike Canyon, Black Rock 

Creek, Pine Creek, Danish Creek, 

Cachagua Creek, Lower Finch Creek, 

Bear Canyon, Bruce Fork, and Miller 

Canyon. It is mapped from occurrences 

recorded at the time of listing and 

subsequent to the time of listing. MNT2 contains the features that are essential 

for the conservation of the species. The 

unit is currently occupied and contains 

permanent and ephemeral aquatic 

habitat for breeding and non-breeding 

activities (PCE 1 and PCE 2), and upland 

habitat for foraging, dispersal activities, 

and shelter (PCE 3 and PCE 4). The unit 

is the largest designated within 

Monterey County. The unit consists of 

Federal (26,098 ac (10,562 ha)), State 

(374 ac (151 ha)), local government 

(1,373 ac (556 ha)), and private (91,647 

ac (37,088 ha)) lands. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the MNT2 unit may require special management 

considerations or protection due to 

predation by nonnative species, 

urbanization, and water pumping and 

diversions, which may alter aquatic or 

upland habitats and thereby result in 

the direct or indirect loss of egg masses 

or adults. Please see the Special 

Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

MNT-3, Big Sur Coast 

This unit is comprised of 

approximately 27,542 ac (11,146 ha) of 

land; is located along the Big Sur 

coastline in Monterey County, 

approximately from the mouth of the 

Little Sur River south to McWay 

Canyon; and includes locations in and 

around the Big Sur River drainage. The 

unit includes the following watersheds: 

Point Sur, Big Sur River, Ventana Creek, 

Sycamore Canyon, and Partington 

Creek. This unit was not known to be 

occupied at the time of listing, but 

surveys conducted subsequent to the 

time of listing show that this unit is 

currently occupied. Based on life 

history and population dynamics of the 

species we have determined that the 

area was most likely occupied at the 

time of listing. MNT-3 is essential for 

the conservation of the species because 

it contains the largest coastal habitat 

within Monterey Bay region and 

provides for connectivity to more 

interior units further north. MNT-3 also 

contains permanent and ephemeral 

aquatic habitat for breeding and nonbreeding activities (PCE 1 and PCE 2), 

and upland habitat for foraging, 

dispersal activities, and shelter (PCE 3 

and PCE 4). MNT-3 is currently 

occupied by the species. The unit 

consists of Federal (9,960 ac (4,030 ha)), 

State (4,245 ac (1,718 ha)), and private 

(13,338 ac (5,398 ha)) lands. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the MNT3 unit may require special management 

considerations or protection due to 

predation by non-native species, 

urbanization, and water pumping and 

diversions, which may alter aquatic or 

upland habitats and thereby result in 

the direct or indirect loss of egg masses 

or adults. Please see the Special 

Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 


sroberts on DSKD5P82C1PROD with RULES
12850 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

SNB-1, Hollister Hills/San Benito River 

This unit is comprised of 

approximately 36,294 ac (14,687 ha) of 

land and is located in northwestern San 

Benito County in the San Benito River 

drainage. The unit includes the 

following watersheds and portions of 

watersheds: the southern portions of 

San Justo Reservoir, Northeast Hollister 

Hills, and Upper Bird Creek; Left Fork 

Bird Creek; Sulfur Canyon; and the 

western portions of Arroyo Hondo, 

Willow Grove School, Paicines Ranch, 

and Lower Pescadero Creek. It is 

mapped from occurrences recorded at 

the time of listing and subsequent to the 

time of listing near Saint Frances 

Retreat, San Juan Oaks, Azalea Canyon, 

Bird Creek, Hollister Hills State Vehicle 

Recreation Area, Paicines Reservoir, and 

Tres Pinos Creek. SNB-1 contains the 

features that are essential for the 

conservation of the species. The unit 

contains aquatic habitat for breeding 

and non-breeding activities (PCE 1 and 

PCE 2), and upland habitat for foraging 

and dispersal activities (PCE 3 and PCE 

4). SNB-1 also provides essential 

connectivity between sites on the coast 

plain and inner Coast Range. SNB-1 is 

occupied by the species, is expected to 

prevent further fragmentation of habitat 

in this portion of the species’ range, and 

contains permanent and ephemeral 

aquatic habitats suitable for breeding 

and accessible upland areas for 

dispersal, shelter, and food. The unit 

consists of Federal (13 ac (5 ha)), State 

(3,109 ac (1,258 ha)), and private 

(33,172 ac (13,424 ha)) lands. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the SNB-1 

unit may require special management 

considerations or protection due to 

predation by nonnative species, and 

habitat disturbance, which may alter 

aquatic and upland habitats and thereby 

result in the direct or indirect loss of egg 

masses or adults. Please see the Special 

Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

SNB-2, Antelope Creek/Upper Tres 

Pinos Creek 

This unit is comprised of 

approximately 17,356 ac (7,024 ha) of 

land and is located in central San Benito 

County along the Tres Pinos Creek 

drainage within the Antelope Creek 

watershed. This unit was not known to 

be occupied at the time of listing, but 

surveys conducted subsequent to the 

time of listing show that this unit is 

currently occupied, and based on life 

history and population dynamics of the 

species we have determined that the 

area was most likely occupied at the 

time of listing. It is mapped from 

occurrence records in and along Tres 

Pinos Creek between the confluences of 

Boulder and Willow Springs Creeks. 

SNB-2 is essential for the conservation 

of the species because it provides 

aquatic habitat for breeding and nonbreeding activities (PCE 1 and PCE 2), 

and upland habitat for foraging and 

dispersal activities (PCE 3 and PCE 4). 

SNB-2 is occupied by the species, is 

expected to prevent fragmentation of 

habitat in this portion of the species’ 

range, and contains permanent and 

ephemeral aquatic habitats suitable for 

breeding and accessible upland areas for 

dispersal, shelter, and food. The unit 

consists entirely of private land. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the SNB-2 

unit may require special management 

considerations or protection due to 

predation by nonnative species, 

overgrazing and trampling of aquatic 

and upland habitat by feral pigs, and 

recreational activities, which may alter 

aquatic and upland habitats and thereby 

result in the direct or indirect loss of egg 

masses or adults. Please see the Special 

Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

SNB-3, Pinnacles National Monument 

This unit is comprised of 

approximately 63,753 ac (25,800 ha) of 

land; is located in the Gabilan Range at 

Pinnacles National Monument, about 

3.5 mi (5.6 km) west of the town of San 

Benito in southern San Benito County; 

and is mapped from occurrences 

recorded at the time of listing and 

subsequent to the time of listing. The 

unit includes the following watersheds: 

Gloria Lake, Bickmore Canyon, Sulfur 

Creek, and George Hansen Canyon. 

SNB-3 contains the features that are 

essential for the conservation of the 

species. The unit contains aquatic 

habitat for breeding and non-breeding 

activities (PCE 1 and PCE 2), and upland 

habitat for foraging and dispersal 

activities (PCE 3 and PCE 4). SNB-3 is 

expected to prevent further 

fragmentation of habitat in this portion 

of the species’ range; contains 

permanent and ephemeral aquatic 

habitat suitable for breeding; contains 

accessible upland areas for dispersal, 

shelter, and food; and is occupied by the 

species. The unit consists of Federal 

(20,048 ac (8,113 ha)) and private 

(43,706 ac (17,687 ha)) lands. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the SNB-3 

unit may require special management 

considerations or protection due to 

predation by nonnative species, 

overgrazing and trampling of aquatic 

and upland habitat by feral pigs, and 

recreational activities, which may alter 

aquatic and upland habitats and thereby 

result in the direct or indirect loss of egg 

masses or adults. Please see the Special 

Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

SLO-1, Cholame 

This unit is comprised of 

approximately 18,018 ac (7,292 ha) of 

land; and is located in northeastern San 

Luis Obispo, northwestern Kern, and 

southwestern Kings Counties; includes 

locations in the Cholame Creek 

drainage; and is mapped from 

occurrences recorded at time of listing 

and subsequent to the time of listing. 

The unit includes portions of the 

following watersheds: the southern 

portion of Blue Point, the western 

portion of Jack Canyon, and the eastern 

portion of Palo Prieto Canyon. SLO-1 

contains the features that are essential 

for the conservation of the species. The 

unit contains aquatic habitat for 

breeding and non-breeding activities 

(PCE 1 and PCE 2), and upland habitat 

for foraging and dispersal activities (PCE 

3 and PCE 4). SLO-1 contains 

permanent and ephemeral aquatic 

habitats suitable for breeding; contains 

accessible upland areas for dispersal, 

shelter, and food; and is occupied by the 

species. SLO-1 consists of Federal (169 

ac (68 ha)) and private (17,849 ac (7,223 

ha)) lands. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the SLO-1 

unit may require special management 

considerations or protection due to 

highway construction, overgrazing, and 

water diversions, which may alter 

aquatic or upland habitats and thereby 

result in the direct or indirect loss of egg 

masses or adults. Please see the Special 

Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

SLO-2, Piedras Blancas to Cayucos 

Creek 

This unit is comprised of 

approximately 82,673 ac (33,457 ha) of 

land and is located along the coast in 

northwestern San Luis Obispo County 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12851 

from approximately Arroyo de Los 

Chinos southward to just before but not 

including Whale Rock Reservoir. The 

unit includes the following watersheds: 

Arroyo de los Chinos, Lower Arroyo de 

la Cruz, Arroyo del Corral, Oak Knoll 

Creek, Broken Bridge Creek, Pico Creek, 

Upper San Simeon Creek, Lower San 

Simeon Creek, Steiner Creek, Upper 

Santa Rosa Creek, Lower Santa Rosa 

Creek, and Lower Green Valley Creek. 

The unit is mapped from occurrences 

recorded at the time of listing and 

subsequent to the time of listing. SLO2 contains the features that are essential 

for the conservation of the species. The 

unit contains aquatic habitat for 

breeding and non-breeding activities 

(PCE 1 and PCE 2), and upland habitat 

for foraging and dispersal activities (PCE 

3 and PCE 4). SLO-2 provides 

connectivity within the Santa Lucia 

Range, and between this range and the 

inner Coast Range in San Luis Obispo 

County. This unit is occupied by the 

species. The unit contains high-quality 

habitat, indicated by high density of 

extant occurrences, permanent and 

ephemeral aquatic habitats suitable for 

breeding, and accessible upland areas 

for dispersal, shelter, and food. The unit 

consists of Federal (440 ac (178 ha)), 

State (648 ac (262 ha)), and private 

(81,585 ac (33,016 ha)) lands. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the SLO-2 

unit may require special management 

considerations or protection due to 

predation by nonnative species, water 

diversion, overgrazing, and 

urbanization, which may alter aquatic or 

upland habitats and thereby result in 

the direct or indirect loss of egg masses 

or adults due to habitat modification. 

Please see the Special Management 

Considerations or Protection section of 

this final rule for a detailed discussion 

of the threats to California red-legged 

frog habitat and potential management 

considerations. A portion of the lands 

containing features essential to the 

conservation of the California red-legged 

frog in Unit SLO-2 has been excluded 

from critical habitat designation under 

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

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

section below). 

SLO-3, Willow and Toro Creeks to San 

Luis Obispo 

This unit is comprised of 

approximately 116,517 ac (47,153 ha) of 

land and is located near the coast in 

central San Luis Obispo County and 

extends about 1.9 mi (3 km) north of the 

town of Morro Bay southward to just 

north and east of the city of San Luis 

Obispo. The unit includes the following 

watersheds: Old Creek, Whale Rock 

Reservoir, the southern portion of Hale 

Creek, Morro Bay, San Luisito Creek, the 

western and southern portions of Santa 

Margarita Creek, Choro Reservoir, 

Stenner Lake, Reservoir Canyon, Trout 

Creek, and Big Falls Canyon. The unit 

is mapped from occurrences recorded at 

the time of listing and subsequent to the 

time of listing. SLO-3 contains the 

features that are essential for the 

conservation of the species. The unit is 

currently occupied and contains 

permanent and ephemeral aquatic 

habitat for breeding and non-breeding 

activities (PCE 1 and PCE 2), and upland 

habitat for foraging, dispersal, and 

shelter (PCE 3 and PCE 4). SLO-3 

provides connectivity within the Santa 

Lucia Range, and between this range 

and the inner Coast Range in San Luis 

Obispo County. This unit consists of 

Federal (29,104 ac (11,778 ha)), State 

(5,737 ac (2,322 ha)) and private (81,676 

ac (33,053 ha)) lands. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the SLO-3 

unit may require special management 

considerations or protection due to 

predation by nonnative species, water 

diversion, overgrazing, and 

urbanization, which may alter aquatic or 

upland habitats and thereby result in 

the direct or indirect loss of egg masses 

or adults due to habitat modification. 

Please see the Special Management 

Considerations or Protection section of 

this final rule for a detailed discussion 

of the threats to California red-legged 

frog habitat and potential management 

considerations. A portion of the lands 

containing features essential to the 

conservation of the California red-legged 

frog in Unit SLO-3 has been excluded 

from critical habitat designation under 

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

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

section below). 

SLO-4, Upper Salinas River 

This unit is comprised of 

approximately 34,463 ac (13,947 ha) of 

land, is located at the base of Garcia 

Mountain about 17 mi (27 km) east of 

the City of San Luis Obispo, is mapped 

from occurrences recorded subsequent 

to the time of listing, and is currently 

occupied by the species. Based on the 

life history and population dynamics of 

the species we have determined that the 

area was most likely occupied at the 

time of listing. The unit includes the 

following watersheds: Horse Mesa, 

Douglas Canyon, American Canyon, and 

Coyote Hole. This unit is essential for 

the conservation of the species because 

it is the only unit in San Luis Obispo 

County entirely within the interior 

Coast Range and provides connectivity 

between populations in the coastal areas 

and populations farther inland. SLO-4 

also contains permanent and ephemeral 

aquatic habitats consisting of natural 

and manmade ponds surrounded by 

emergent vegetation and marshland 

with upland dispersal habitat comprised 

of riparian areas for dispersal, shelter, 

and foraging. This unit consists of 

Federal (26,183 ac (10,596 ha)) and 

private (8,280 ac (3,351 ha)) lands. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the SLO-4 

unit may require special management 

considerations or protection due to 

predation by nonnative species, and due 

to water diversion, overgrazing, and 

urbanization, which may alter aquatic or 

upland habitats and thereby result in 

the direct or indirect loss of egg masses 

or adults due to habitat modification. 

Please see the Special Management 

Considerations or Protection section of 

this final rule for a detailed discussion 

of the threats to California red-legged 

frog habitat and potential management 

considerations. 

STB-1, La Brea Creek 

This unit is comprised of 

approximately 25,164 ac (10,184 ha) of 

land, is located in Los Padres National 

Forest in northern Santa Barbara 

County, and is mapped from 

occurrences recorded at the time of 

listing and subsequent to the time of 

listing. The unit includes the following 

watersheds: Bear Canyon, the southern 

portion of Smith Canyon, Rattlesnake 

Canyon, Lower South Fork La Brea 

Creek, and the eastern portion of Lower 

La Brea Creek. STB-1 contains the 

features that are essential for the 

conservation of the species. The unit 

contains aquatic habitat for breeding 

and non-breeding activities (PCE 1 and 

PCE 2), and upland habitat for foraging 

and dispersal activities (PCE 3 and PCE 

4). The unit consists of Federal (20,896 

ac (8,456 ha)) and private (4,269 ac 

(1,727 ha)) lands. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the STB-1 

unit may require special management 

considerations or protection due to 

recreational activities, which may alter 

aquatic or upland habitats and thereby 

result in the direct or indirect loss of egg 

masses or adults. Please see the Special 

Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 


sroberts on DSKD5P82C1PROD with RULES
12852 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

STB-2, San Antonio Terrace 

This unit is comprised of 

approximately 12,066 ac (4,883 ha) of 

land, is located in northwestern Santa 

Barbara County near the coast, extends 

from about Casmalia south to the Santa 

Lucia Canyon near the Purisima Hills, 

and is mapped from occurrences 

recorded subsequent to the time of 

listing. Based on the life history and 

population dynamics of the species we 

have determined that the area was most 

likely occupied at the time of listing. 

The unit includes the following 

watersheds: Graciosa Canyon and Lions 

Head. STB-2 provides connectivity 

between coastal populations and 

populations in the Transverse Ranges. 

STB-2 also contains aquatic habitat for 

breeding and non-breeding activities 

(PCE 1 and PCE 2), and upland habitat 

for foraging and dispersal activities (PCE 

3 and PCE 4). This unit is currently 

occupied by the species. The unit 

consists of Federal (35 ac (14 ha)) and 

private (12,031 ac (4,869 ha)) lands. A 

portion of the lands containing features 

essential to the conservation of the 

California red-legged frog in Unit STB2 has been excluded from critical 

habitat designation under section 4(b)(2) 

of the Act (see Application of Section 

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

The physical and biological features 

essential to the conservation of 

California red-legged frog in the STB-2 

unit may require special management 

considerations or protection due to 

recreational activities, which may alter 

aquatic or upland habitats and thereby 

result in the direct or indirect loss of egg 

masses or adults. Please see the Special 

Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

STB-3, Sisquoc River 

This unit is comprised of 

approximately 47,559 ac (19,246 ha) of 

land and is located in northern Santa 

Barbara County and includes locations 

in the Sisquoc River drainage and is 

mapped from occurrences recorded at 

the time of listing and subsequent to the 

time of listing. The unit contains the 

following watersheds: the southern 

portion of Tunnel Canyon, Burro 

Canyon, Sulphur Creek, Lower Manzano 

Creek, Middle Manzano Creek, Fir 

Canyon, Upper Cachuma Creek, and the 

northern portion of Happy Canyon. 

STB-3 contains the features that are 

essential for the conservation of the 

species. The unit contains aquatic 

habitat for breeding and non-breeding 

activities (PCE 1 and PCE 2), and upland 

habitat for foraging and dispersal 

activities (PCE 3 and PCE 4). STB-3 is 

occupied by the species, provides 

connectivity between locations along 

the coast and the Transverse Ranges, 

and is essential in stabilizing 

populations of the species in tributaries 

to the Santa Ynez River. The unit 

consists of Federal (40,148 ac (16,247 

ha)) and private (7,411 ac (2,999 ha)) 

land. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the STB-3 

unit may require special management 

considerations or protection due 

predation by nonnative species, 

recreational activities, and poor water 

management practices which may alter 

aquatic or upland habitats and thereby 

result in the direct or indirect loss of egg 

masses or adults. Please see the Special 

Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

STB-4, Jalama Creek 

This unit is comprised of 

approximately 7,685 ac (3,110 ha) of 

land and is located along the coast in 

southwestern Santa Barbara County 

about 4.4 mi (7 km) south of the City of 

Lompoc, and is mapped from 

occurrences recorded at the time of 

listing and subsequent to the time of 

listing. The unit includes the Casper 

Creek watershed. STB-4 contains the 

features that are essential for the 

conservation of the species. The unit 

includes aquatic habitat for breeding 

and non-breeding activities (PCE 1 and 

PCE 2), and upland habitat for foraging 

and dispersal activities (PCE 3 and PCE 

4). STB-4 is occupied by the species and 

provides connectivity between locations 

along the coast and the Santa Ynez 

River watershed. This unit consists of 

Federal (44 ac (18 ha)) and private 

(7,641 ac (3,092 ha)) lands. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the STB-4 

unit may require special management 

considerations or protection due to 

predation by nonnative species and 

habitat disturbance, which may alter 

aquatic and upland habitats and thereby 

result in the direct or indirect loss of egg 

masses or adults. Please see the Special 

Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. A 

portion of the lands containing features 

essential to the conservation of the 

California red-legged frog in Unit STB4 has been excluded from critical 

habitat designation under section 4(b)(2) 

of the Act (see Application of Section 

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

STB-5, Gaviota Creek 

This unit is comprised of 

approximately 12,888 ac (5,216 ha) of 

land, is located along the coast in 

southern Santa Barbara County about 3 

mi (5 km) southwest of the town of 

Buellton, and is mapped from 

occurrences recorded at the time of 

listing and subsequent to the time of 

listing. The unit includes the following 

watersheds: Can ̃ ada de las Cruces and 

Can ̃ ada de la Gavota. STB-5 contains the 

features that are essential for the 

conservation of the species. The unit 

contains aquatic habitat for breeding 

and non-breeding activities (PCE 1 and 

PCE 2), and upland habitat for shelter, 

foraging and dispersal activities (PCE 3 

and PCE 4). STB-5 is occupied by the 

species and provides connectivity 

between locations along the coast and 

the Santa Ynez River watershed. The 

unit consists of Federal (1,547 ac (626 

ha)), State (2,074 ac (839 ha)), and 

private (9,267 ac (3,750 ha) lands. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the STB-5 

unit may require special management 

considerations or protection due to 

predation by nonnative species and 

poor water management practices, 

which may alter aquatic or upland 

habitats and thereby result in the direct 

or indirect loss of egg masses or adults. 

Populations in this unit may also 

require special management or 

protection due to their potential 

importance in stabilizing California redlegged frog populations in tributaries to 

the Santa Ynez River. Please see the 

‘‘Special Management Considerations or 

Protection’’ section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

STB-6, Arroyo Quemado to Refugio 

Creek 

This unit is comprised of 

approximately 11,985 ac (4,850 ha) of 

land, is located along the coast in 

southern Santa Barbara County about 5 

mi (8 km) south of the town of Solvang, 

and is mapped from occurrences 

recorded at the time of listing and 

subsequent to the time of listing. The 

unit includes the Tajiguas Creek 

watershed. STB-6 contains the features 

that are essential for the conservation of 

the species. The unit contains aquatic 

habitat for breeding and non-breeding 

activities (PCE 1 and PCE 2), and upland 

habitat for foraging and dispersal 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12853 

activities (PCE 3 and PCE 4). STB-6 is 

occupied by the species, provides 

connectivity between locations along 

the coast and the Santa Ynez River 

watershed, and contains permanent and 

ephemeral aquatic habitats suitable for 

breeding, and upland areas for 

dispersal, shelter, and food. The unit 

consists of Federal (1,881 ac (761 ha)), 

State (29 ac (12 ha)), and private (10,075 

ac (4,077 ha)) lands. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the STB-6 

unit may require special management 

considerations or protection due to 

predation by nonnative species and 

poor water management practices, 

which may alter aquatic or upland 

habitats and thereby result in the direct 

or indirect loss of egg masses or adults. 

Populations in this unit may also 

require special management or 

protection due to their potential 

importance in stabilizing California redlegged frog populations in tributaries to 

the Santa Ynez River. Please see the 

Special Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

STB-7, Upper Santa Ynez River and 

Matilija Creek 

This unit is comprised of 

approximately 145,121 ac (58,728 ha) of 

land, is located in southeastern Santa 

Barbara County about 5 mi (8 km) north 

of the City of Santa Barbara, and extends 

into western Ventura County at Matilija 

Creek. It is mapped from occurrences 

recorded at the time of listing and 

subsequent to the time of listing. The 

unit includes the following watersheds: 

Los Lauveles Canyon, Redrock Canyon, 

Oso Canyon, Buckhorn Creek, Camuesa 

Creek, Devils Canyon, Indian Creek 

Campground, Upper Mono Creek, Lower 

Mono Creek, Blue Canyon Upper Agua 

Caliente Canyon, Diablo Canyon, Lower 

Agua Caliente Canyon, Juncal Canyon, 

Lower Matilija Creek, North Fork 

Matilija Creek, and Cozy Dell Canyon. 

STB-7 contains the features that are 

essential for the conservation of the 

species. This unit contains aquatic 

habitat for breeding and non-breeding 

activities (PCE 1 and PCE 2), and upland 

habitat for foraging and dispersal 

activities (PCE 3 and PCE 4). STB-7 is 

occupied by the species and provides 

connectivity between locations along 

the coast, in the Sierra Madre 

Mountains, and in the Ventura River 

watershed. It is important to species 

conservation and the persistence of the 

species in the Matilija watershed 

because it contains permanent and 

ephemeral aquatic habitats suitable for 

breeding, and upland areas for 

dispersal, shelter, and food in that 

portion of the unit, which will provide 

connectivity between populations 

within the Transverse Ranges and will 

prevent further isolation of breeding 

locations near the limit of the 

geographic range of the species. The 

unit as a whole contains high-quality 

habitat, indicated by the high density of 

extant occurrences, permanent and 

ephemeral aquatic habitat suitable for 

breeding, and accessible upland areas 

for dispersal, shelter, and food. The unit 

consists of Federal (124,831 ac (50,517 

ha)), State (8 ac (3 ha), and private 

(20,282 ac (8,208 ha)) lands. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the STB-7 

unit may require special management 

considerations or protection due to 

predation by nonnative species, flood 

control activities, road maintenance, 

and recreational activities, which may 

alter aquatic and upland habitats and 

thereby result in the direct or indirect 

loss of egg masses or direct death of 

adults. Please see the Special 

Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

VEN-1, San Antonio Creek 

This unit is comprised of 

approximately 2,915 ac (1,180 ha) of 

land, is located in western Ventura 

County at San Antonio Creek, and is 

mapped from occurrences recorded at 

the time of listing and subsequent to the 

time of listing, and is currently 

occupied. The unit includes portions of 

the following watersheds: a small 

southern portion of Upper San Antonio 

Creek, a small western portion of Lion 

Creek, and the eastern portion of Lower 

San Antonio Creek. VEN-1 contains the 

features that are essential for the 

conservation of the species. The unit 

contains aquatic habitat for breeding 

and non-breeding activities (PCE 1 and 

PCE 2), and upland habitat for foraging 

and dispersal activities (PCE 3 and PCE 

4). Persistence of the species in this area 

will prevent further isolation of 

breeding locations near the limit of the 

geographic range of the species. The 

unit contains permanent and ephemeral 

aquatic habitats suitable for breeding 

and accessible upland areas for 

dispersal, shelter, and food, and 

provides connectivity between 

populations within the Transverse 

Ranges. The unit consists entirely of 

private land. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the VEN-1 

unit may require special management 

considerations or protection due to 

predation by nonnative species, 

recreational activities, and 

sedimentation of aquatic habitats, which 

may alter aquatic or upland habitats and 

thereby result in the direct or indirect 

loss of egg masses or adults. Please see 

the Special Management Considerations 

or Protection’’section of this final rule 

for a detailed discussion of the threats 

to California red-legged frog habitat and 

potential management considerations. 

VEN-2, Piru Creek 

This unit is comprised of 

approximately 8,837 ac (3,576 ha) of 

land, is located in eastern Ventura 

County and northwestern Los Angeles 

County, and is mapped from 

occurrences recorded at the time of 

listing at Piru Creek. The unit includes 

the Michael Creek watershed. VEN-2 

contains the features that are essential 

for the conservation of the species. The 

unit contains aquatic habitat for 

breeding and non-breeding activities 

(PCE 1 and PCE 2), and upland habitat 

for foraging and dispersal activities (PCE 

3 and PCE 4). VEN-2 is occupied by the 

species. Persistence of the species in 

this area is important to prevent further 

isolation of breeding locations near the 

limit of the geographic range of the 

species, and the unit contains 

permanent and ephemeral aquatic 

habitats suitable for breeding, and 

upland areas for dispersal, shelter, and 

food. The unit consists of Federal (8,363 

ac (3,384 ha)) and private (474 ac (192 

ha)) land. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the VEN-2 

unit may require special management 

considerations or protection due to 

predation by nonnative species, off-road 

vehicle use, and conversion of native 

habitat by introduced invasive plant 

species, which may alter aquatic or 

upland habitats and thereby result in 

the direct or indirect loss of egg masses 

or direct death of adults. Please see the 

‘‘Special Management Considerations or 

Protection’’ section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

VEN-3, Upper Las Virgenes Canyon 

This unit is comprised of 

approximately 5,000 ac (2,024 ha) of 

land, is located in southeastern Ventura 

County, and is mapped from 

occurrences recorded subsequent to the 

time of listing. Based on the life history 


sroberts on DSKD5P82C1PROD with RULES
12854 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

and population dynamics of the species 

we have determined that the area was 

most likely occupied at the time of 

listing. The unit includes the upper 

portion of Las Virgenes Creek watershed 

that is north of the Ventura County line. 

VEN-3 is considered an area that is 

essential for the conservation of the 

species because it is currently occupied 

by the species and provides 

connectivity between coastal 

populations and populations in the 

Transverse Ranges. Further, VEN-3 

contains aquatic habitat for breeding 

and non-breeding activities (PCE 1 and 

PCE 2), and upland habitat for shelter, 

foraging, and dispersal activities (PCE 3 

and PCE 4). The unit consists of Federal 

(56 ac (23 ha)) and private (2,896 ac 

(1,171 ha)) land. Approximately 2,048 

ac (830 ha) of land within the unit is 

managed by the Santa Monica 

Mountains Conservancy. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the VEN-3 

unit may require special management 

considerations or protection due to 

predation by nonnative species, off-road 

vehicle use, and conversion of native 

habitat by introduced invasive plant 

species, which may alter aquatic or 

upland habitats and thereby result in 

the direct or indirect loss of egg masses 

or direct death of adults. Please see the 

Special Management Considerations or 

Protection section of this final rule for 

a detailed discussion of the threats to 

California red-legged frog habitat and 

potential management considerations. 

LOS-1, San Francisquito Creek 

This unit is comprised of 

approximately 4,231 ac (1,712 ha) of 

land, is located in northwestern Los 

Angeles County, and is mapped from 

occurrences recorded at the time of 

listing and is currently occupied. LOS1 contains the features that are essential 

for the conservation of the species. The 

unit contains aquatic habitat for 

breeding and non-breeding activities 

(PCE 1 and PCE 2), and upland habitat 

for shelter, foraging, and dispersal 

activities (PCE 3 and PCE 4). The unit 

consists of Federal (3,909 ac (1,582 ha)) 

and private land (322 ac (130 ha)) lands. 

The physical and biological features 

essential to the conservation of 

California red-legged frog in the LOS-1 

unit may require special management 

considerations or protection due to 

predation by nonnative species on egg 

masses, tadpoles, juveniles, or adults. 

Please see the Special Management 

Considerations or Protection section of 

this final rule for a detailed discussion 

of the threats to California red-legged 

frog habitat and potential management 

considerations. 

RIV-1, Cole Creek 

We have excluded the lands 

containing features essential to the 

conservation of the California red-legged 

frog in Unit RIV-1 from critical habitat 

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

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

of the Act section below). 

Effects of Critical Habitat Designation 

Section 7 Consultation 

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

Federal agencies, including the Service, 

to ensure that actions they fund, 

authorize, or carry out are not likely to 

jeopardize the continued existence of a 

listed species or destroy or adversely 

modify designated 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, 

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

on this regulatory definition when 

analyzing whether an action is likely to 

destroy or adversely modify critical 

habitat. Under the statutory provisions 

of the Act, we determine destruction or 

adverse modification on the basis of 

whether, with implementation of the 

proposed Federal action, the affected 

critical habitat would remain functional 

(or retain those physical and biological 

features that relate to the ability of the 

area to periodically support the species) 

to serve its intended conservation role 

for the species. 

If a species is listed or critical habitat 

is designated, section 7(a)(2) of the Act 

requires Federal agencies to ensure that 

activities they authorize, fund, or carry 

out are not likely to jeopardize the 

continued existence of the 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 

requirements of section 7(a)(2) through 

our issuance of: 

(1) A concurrence letter for Federal 

actions that may affect, but are not 

likely to adversely affect, listed species 

or critical habitat; or 

(2) A biological opinion for Federal 

actions that may affect, and are likely to 

adversely affect, listed species or critical 

habitat. 

When we issue a biological opinion 

concluding that a project is likely to 

jeopardize the continued existence of a 

listed species 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 a new 

species is listed or critical habitat is 

subsequently designated that may be 

affected and the Federal agency has 

retained discretionary involvement or 

control over the action or such 

discretionary involvement or control is 

authorized by law. Consequently, 

Federal agencies may need to request 

reinitiation of consultation with us on 

actions for which formal consultation 

has been completed, if those actions 

with may affect subsequently listed 

species or designated critical habitat. 

Federal activities that may affect the 

California red-legged frog or its 

designated critical habitat will require 

section 7(a)(2) 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 (Corps) under 

section 404 of the Clean Water Act (33 

U.S.C. 1251 et seq.) or a permit from us 

under section 10(a)(1)(B) 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 

examples of agency actions that may be 

subject to the section 7(a)(2) 

consultation process. Federal actions 

not affecting listed species or critical 

habitat, and actions on State, tribal, 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12855 

local, or private lands that are not 

federally funded, authorized, or 

permitted, do not require section 7(a)(2) 

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 its current 

ability for the primary constituent 

element(s) to be functionally 

established. Activities that may destroy 

or adversely modify critical habitat are 

those that alter the physical and 

biological features to an extent that 

appreciably reduces the conservation 

value of critical habitat for California 

red-legged frog. Generally, the 

conservation role of California redlegged frog critical habitat units is to 

support viable populations 

representative of each geographic area 

where the frog exists, as identified in 

the 2002 recovery plan and other 

information available to the Service. 

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 the California red-legged frog 

include, but are not limited to: 

(1) Actions that significantly alter 

water chemistry or temperature. Such 

activities could include, but are not 

limited to: release of chemicals, 

biological pollutants, or heated effluents 

into the surface water or into connected 

groundwater at a point source or by 

dispersed release (non-point source). 

These activities alter water conditions 

beyond the tolerances of the California 

red-legged frog and result in direct or 

cumulative adverse effects to these 

individuals and their life cycles. 

(2) Actions that would significantly 

increase sediment deposition within a 

stream channel or pond or disturb 

upland foraging and dispersal habitat. 

Such activities could include, but are 

not limited to: excessive sedimentation 

from livestock overgrazing; road 

construction; commercial or urban 

development; channel alteration; timber 

harvest; off-road vehicle or recreational 

use; and other watershed and floodplain 

disturbances. These activities could 

eliminate or reduce the habitat 

necessary for the growth and 

reproduction of the California redlegged frog by increasing the sediment 

deposition to levels that would 

adversely affect a frog’s ability to 

complete its life cycle. 

(3) Actions that would significantly 

alter channel/pond morphology or 

geometry. Such activities could include, 

but are not limited to: channelization; 

impoundment; road and bridge 

construction; development; mining; 

dredging; and destruction of riparian 

vegetation. These activities may lead to 

changes to the hydrologic functioning of 

the stream or pond by altering flow 

timing or duration, or altering water 

levels, which would degrade or 

eliminate the California red-legged frog 

or its habitat. These actions can also 

lead to increased sedimentation and 

degradation in water quality to levels 

that are beyond the tolerances of the 

California red-legged frog. 

(4) Actions that eliminate upland 

foraging or aestivating habitat, as well as 

dispersal habitat, for the California redlegged frog. Such activities could 

include, but are not limited to: road 

construction; commercial or urban 

development; timber harvest; off-road 

vehicle or recreational use; and other 

watershed and floodplain disturbances. 

(5) Actions that result in the 

introduction, spread, or augmentation of 

nonnative aquatic species in stream 

segments or ponds used by the 

California red-legged frog. Possible 

actions could include, but are not 

limited to: introduction of chytrid 

fungus or other diseases; fish or bullfrog 

stocking for sport; nonnative aquatic 

plant species for aesthetics; or other 

related actions. These activities could 

affect the growth and reproduction of 

the California red-legged frog by 

subjecting eggs, larvae, tadpoles, and 

adult California red-legged frogs to 

increased predation pressure or could 

limit the amount of habitat available for 

the species, which would adversely 

affect the California red-legged frog’s 

ability to complete its life cycle. 

Note that the scale of these activities 

is a crucial factor in determining 

whether they may directly or indirectly 

alter critical habitat to the extent that 

the value of the critical habitat for the 

survival and recovery of California redlegged frog would be appreciably 

diminished. 

If you have questions regarding 

whether specific activities may 

constitute adverse modification of 

critical habitat, contact the Field 

Supervisor of the appropriate Ecological 

Services Field Office (see FOR FURTHER

INFORMATION CONTACT section). 

Exemptions 

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

The Sikes Act Improvement Act of 

1997 (Sikes Act) (16 U.S.C. 670a) 

required each military installation that 

includes land and water suitable for the 

conservation and management of 

natural resources to complete an 

integrated natural resources 

management plan (INRMP) by 

November 17, 2001. An INRMP 

integrates implementation of the 

military mission of the installation with 

stewardship of the natural resources 

found on the base. Each INRMP 

includes: 

• An assessment of the ecological needs 

on the installation, including the 

need to provide for the conservation 

of listed species; 

• A statement of goals and priorities; 

• A detailed description of management 

actions to be implemented to 

provide for these ecological needs; 

and 

• A monitoring and adaptive 

management plan. 

Among other things, each INRMP 

must, to the extent appropriate and 

applicable, provide for fish and wildlife 

management; fish and wildlife habitat 

enhancement or modification; wetland 

protection, enhancement, and 

restoration where necessary to support 

fish and wildlife; and enforcement of 

applicable natural resource laws. 

The National Defense Authorization 

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

136) amended the Act to limit areas 

eligible for designation as critical 

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

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

now provides: ‘‘The Secretary shall not 

designate as critical habitat any lands or 

other geographical areas owned or 

controlled by the Department of 

Defense, or designated for its use, that 

are subject to an integrated natural 

resources management plan prepared 

under section 670a of this title, if the 

Secretary determines in writing that 

such plan provides a benefit to the 

species for which critical habitat is 

proposed for designation.’’ 

INRMPs developed by military 

installations located within the range of 

the California red-legged frog and which 

contain those features essential to the 

species’ conservation were analyzed for 

exemption under the authority of 

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

Previous Application of Section 4(a)(3) 

of the Act for Camp San Luis Obispo 

(Unit SLO-2) and Vandenberg Air Force 

Base (Units STB-2 and STB-4) 

In the previous final critical habitat 

designation for the California red-legged 


sroberts on DSKD5P82C1PROD with RULES
12856 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

frog (71 FR 19243; April 13, 2006), we 

exempted Camp San Luis Obispo 

(CSLO) in San Luis Obispo County, and 

Vandenberg Air Force Base (VAFB) in 

Santa Barbara County, from the 

designation of critical habitat under 

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

CSLO and VAFB do not have Serviceapproved INRMPs in place. Section 

4(a)(3)(B)(i) of the Act requires that an 

approved INRMP be in place in order to 

qualify for an exemption. As a result of 

CSLO and VAFB not having Service 

approved INRMPs, we have reevaluated 

our previous decision and are not 

exempting CSLO and VAFB from 

portions of Unit SLO-2, Unit STB-2, and 

Unit STB-4 under section 4(a)(3)(B)(i) of 

the Act. However, we have determined 

to exclude CSLO and VAFB from 

designated critical habitat under section 

4(b)(2) of the Act (see ‘‘Application of 

Section 4(b)(2) – Impacts to National 

Security’’ section below). 

Exclusions Under Section 4(b)(2) of the 

Act 

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

Section 4(b)(2) of the Act states that 

the Secretary must designate and revise 

critical habitat on the basis of the best 

available scientific data after taking into 

consideration the economic impact, 

national security impact, and any other 

relevant impact of specifying any 

particular area as critical habitat. The 

Secretary may exclude an area from 

critical habitat if he determines that the 

benefits of such exclusion outweigh the 

benefits of specifying such area as part 

of the critical habitat, unless he 

determines, based on the best scientific 

data available, that the failure to 

designate such area as critical habitat 

will result in the extinction of the 

species. In making that determination, 

the legislative history is clear that the 

Secretary has broad discretion regarding 

which factor(s) to use and how much 

weight to give to any factor. 

In the following sections, we address 

a number of general issues that are 

relevant to the exclusions we are 

considering. In addition, we have 

conducted an economic analysis of the 

impacts of the proposed critical habitat 

designation and related factors, which 

was made available for public review 

and comment. Based on public 

comment on that document and the 

proposed designation itself, as well as 

the information in the final economic 

analysis, the Secretary may exclude 

from critical habitat areas different from 

those identified for possible exclusion 

in the proposed rule under the 

provisions of section 4(b)(2) of the Act, 

up to and including all areas proposed 

for designation. This is also addressed 

in our implementing regulations at 50 

CFR 424.19. 

Benefits of Designating Critical Habitat 

The process of designating critical 

habitat as described in the Act requires 

that the Service identify those lands 

within the geographical area occupied 

by the species at the time of listing on 

which are found the physical or 

biological features essential to the 

conservation of the species that may 

require special management 

considerations or protection, and those 

areas outside the geographical area 

occupied by the species at the time of 

listing that are essential to the 

conservation of the species. In 

identifying those lands, the Service 

must consider the recovery needs of the 

species, such that, on the basis of the 

best scientific data available at the time 

of designation, the habitat that is 

identified, if protected or managed 

appropriately, could provide for the 

survival and recovery of the species. 

The identification of areas that 

contain features essential to the 

conservation of the species and that if 

managed or protected, can provide for 

the recovery of a species, is beneficial. 

The process of proposing and finalizing 

a critical habitat rule provides the 

Service with the opportunity to 

determine the physical and biological 

features essential to the conservation of 

the species within the geographical area 

occupied by the species at the time of 

listing, as well as to determine other 

areas essential for the conservation of 

the species. The designation process 

includes peer review and public 

comment on the identified physical and 

biological features and areas. This 

process is valuable to land owners and 

managers in developing conservation 

management plans for identified areas, 

as well as any other occupied habitat or 

suitable habitat that may not be 

included in the areas the Service 

identifies as meeting the definition of 

critical habitat. 

The consultation provisions under 

section 7(a)(2) of the Act constitute the 

regulatory benefits of critical habitat. As 

discussed above, 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. Therefore, the difference 

in outcomes of these two analyses 

represents the regulatory benefit of 

critical habitat. For some species, and in 

some locations, the outcome of these 

analyses will be similar, because effects 

to habitat will often result in effects to 

the species. However, the regulatory 

standard is different, as the jeopardy 

analysis investigates the action’s impact 

on survival and recovery of the species, 

while the adverse modification analysis 

investigates 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 regulatory benefits to the 

recovery of a species than would listing 

alone. 

There are two limitations to the 

regulatory effect of critical habitat. First, 

a consultation is required only where 

there is a Federal nexus (an action 

authorized, funded, or carried out by 

any Federal agency)—if there is no 

Federal nexus the designation of private 

lands as critical habitat itself does not 

restrict any actions that destroy or 

adversely modify critical habitat. 

Second, the designation only limits 

destruction or adverse modification. By 

its nature, the prohibition on adverse 

modification is designed to ensure that 

the conservation role and function of 

those areas that contain the physical 

and biological features essential to the 

conservation of the species or of 

unoccupied areas that are essential for 

the conservation of the species are not 

appreciably reduced. Critical habitat 

designation alone, however, does not 

require property owners to undertake 

specific steps toward recovery of the 

species. 

Once an agency determines that 

consultation under section 7(a)(2) of the 

Act is necessary, the process may 

conclude informally when the Service 

concurs in writing that the proposed 

Federal action is not likely to adversely 

affect critical habitat. However, if we 

determine through informal 

consultation that adverse impacts are 

likely to occur, then formal consultation 

is initiated. Formal consultation 

concludes with a biological opinion 

issued by the Service on whether the 

proposed Federal action is likely to 

result in destruction or adverse 

modification of critical habitat. 

For critical habitat, a biological 

opinion that concludes in a 

determination of no destruction or 

adverse modification may contain 

discretionary conservation 

recommendations to minimize adverse 

effects to primary constituent elements, 

but it would not suggest the 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12857 

implementation of any reasonable and 

prudent alternative. We suggest 

reasonable and prudent alternatives to 

the proposed Federal action only when 

our biological opinion results in an 

adverse modification conclusion. 

As stated above, the designation of 

critical habitat does not require that any 

management or recovery actions take 

place on the lands included in the 

designation. Even in cases where 

consultation is initiated under section 

7(a)(2) of the Act, the end result of 

consultation is to avoid jeopardy to the 

species and/or adverse modification of 

its critical habitat, but not necessarily to 

manage critical habitat or institute 

recovery actions on critical habitat. 

Conversely, voluntary conservation 

efforts implemented through 

management plans institute proactive 

actions over the lands they encompass 

and are put in place to remove or reduce 

known threats to a species or its habitat 

and, therefore, implement recovery 

actions. 

Another benefit of including lands in 

critical habitat is that designation of 

critical habitat serves to educate 

landowners, State and local 

governments, and the public regarding 

the potential conservation value of an 

area. This helps focus and promote 

conservation efforts by other parties by 

clearly delineating areas of high 

conservation value for the affected 

species. In general, critical habitat 

designation always has educational 

benefits; however, in some cases, they 

may be redundant with other 

educational effects. For example, HCPs 

have significant public input and may 

largely duplicate the educational 

benefits of a critical habitat designation. 

Including lands in critical habitat also 

would inform State agencies and local 

governments about areas that could be 

conserved under State laws or local 

ordinances. 

Conservation Partnerships on NonFederal Lands 

Most federally listed species in the 

United States will not recover without 

cooperation of non-Federal landowners. 

More than 60 percent of the United 

States is privately owned (National 

Wilderness Institute 1995, pp. 1–2), and 

at least 80 percent of endangered or 

threatened species occur either partially 

or solely on private lands (Crouse et al. 

2002, p. 720). Stein et al. (1995, p. 400) 

found that only about 12 percent of 

listed species were found almost 

exclusively on Federal lands (90 to 100 

percent of their known occurrences 

restricted to Federal lands) and that 50 

percent of federally listed species are 

not known to occur on Federal lands at 

all. 

Given the distribution of listed 

species with respect to land ownership, 

conservation of listed species in many 

parts of the United States is dependent 

upon working partnerships with a wide 

variety of entities and the voluntary 

cooperation of many non-Federal 

landowners (Wilcove and Chen 1998, p. 

1407; Crouse et al. 2002, p. 720; James 

2002, p. 271). Building partnerships and 

promoting voluntary cooperation of 

landowners are essential to 

understanding the status of species on 

non-Federal lands, and are necessary to 

implement recovery actions such as 

reintroducing listed species, habitat 

restoration, and habitat protection. 

Many non-Federal landowners derive 

satisfaction from contributing to 

endangered species recovery. We 

promote these private-sector efforts 

through the Department of the Interior’s 

Cooperative Conservation philosophy. 

Conservation agreements with nonFederal landowners (HCPs, safe harbor 

agreements, other conservation 

agreements, easements, and State and 

local regulations) enhance species 

conservation by extending species 

protections beyond those available 

through section 7 consultations. We 

encourage non-Federal landowners to 

enter into conservation agreements, 

based on a view that we can achieve 

greater species conservation on nonFederal land through such partnerships 

than we can through regulatory methods 

(61 FR 63854). 

Many private landowners, however, 

are wary of the possible consequences of 

encouraging endangered species to their 

property. Mounting evidence suggests 

that some regulatory actions by the 

government, while well intentioned and 

required by law, can (under certain 

circumstances) have unintended 

negative consequences for the 

conservation of species on private lands 

(Wilcove et al. 1996, pp. 5–6; Bean 

2002, pp.2–3; Conner and Mathews 

2002, pp.1–2; James 2002, pp. 270–271; 

Koch 2002, pp. 2–3; Brook et al. 2003, 

pp. 1639–1643). Many landowners fear 

a decline in their property value due to 

real or perceived restrictions on landuse options where threatened or 

endangered species are found. 

Consequently, harboring endangered 

species is viewed by many landowners 

as a liability. This perception results in 

anti-conservation incentives because 

maintaining habitats that harbor 

endangered species represents a risk to 

future economic opportunities (Main et 

al. 1999, pp. 1264–1265; Brook et al. 

2003, pp. 1644–1648). 

According to some researchers, the 

designation of critical habitat on private 

lands significantly reduces the 

likelihood that landowners will support 

and carry out conservation actions 

(Main et al. 1999, p. 1263; Bean 2002, 

p. 2; Brook et al. 2003, pp. 1644–1648). 

The magnitude of this negative outcome 

is greatly amplified in situations where 

active management measures (such as 

reintroduction, fire management, and 

control of invasive species) are 

necessary for species conservation (Bean 

2002, pp. 3–4). We believe that the 

judicious exclusion of specific areas of 

non-federally owned lands from critical 

habitat designations can contribute to 

species recovery and provide a superior 

level of conservation than critical 

habitat alone. 

The purpose of designating critical 

habitat is to contribute to the 

conservation of threatened and 

endangered species and the ecosystems 

upon which they depend. The outcome 

of the designation, triggering regulatory 

requirements for actions funded, 

authorized, or carried out by Federal 

agencies under section 7(a)(2) of the 

Act, can sometimes be 

counterproductive to its intended 

purpose on non-Federal lands. Thus the 

benefits of excluding areas that are 

covered by partnerships or voluntary 

conservation efforts can, in specific 

circumstances, be high. 

Benefits of Excluding Lands with HCPs 

or other Management Plans 

The benefits of excluding lands with 

HCPs or other approved long-term 

management plans from critical habitat 

designation include relieving 

landowners, communities, and counties 

of any additional regulatory burden that 

might be imposed as a result of the 

critical habitat designation. Many HCPs 

and other conservation plans take many 

years to develop, and upon completion, 

are consistent with the recovery 

objectives for listed species that are 

covered within the plan area. Many 

conservation plans also provide 

conservation benefits to unlisted 

sensitive species. 

A related benefit of excluding lands 

covered by approved HCPs and 

management plans that cover listed 

species from critical habitat designation 

is that it can make it easier for us to seek 

new partnerships with future plan 

participants, including States, counties, 

local jurisdictions, conservation 

organizations, and private landowners, 

which together can implement 

conservation actions that we would be 

unable to accomplish otherwise. HCPs 

often cover a wide range of species, 

including species that are not State and 


sroberts on DSKD5P82C1PROD with RULES
12858 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

Federally listed, and that would 

otherwise receive little protection from 

development. By excluding these lands, 

we preserve our current partnerships 

and encourage additional future 

conservation actions. 

We also note that permit issuance in 

association with HCP and Natural 

Communities Conservation Plan 

(NCCP)-HCP applications requires 

consultation under section 7 and section 

10 of the Act, which would include the 

review of the effects of all HCP-covered 

activities that might adversely impact 

the species under a jeopardy standard, 

including possibly significant habitat 

modification (see definition of ‘‘harm’’ at 

50 CFR 17.3), even without the critical 

habitat designation. Additionally, all 

other Federal actions that may affect the 

listed species still require consultation 

under section 7(a)(2) of the Act, and we 

review these actions for possibly 

significant habitat modification in 

accordance with the definition of harm 

referenced above. 

Information provided in the previous 

sections applies to all the following 

discussions of benefits of inclusion or 

exclusion of critical habitat. 

Economic Analysis 

Section 4(b)(2) of the Act requires that 

we designate or revise critical habitat 

based upon the best scientific data 

available, after taking into consideration 

the economic impact, impact on 

national security, or any other relevant 

impact of specifying any particular area 

as critical habitat. In compliance with 

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

prepared an economic analysis (EA) of 

this final designation of critical habitat 

for the California red-legged frog. The 

final EA considers the potential 

economic effects of actions relating to 

the conservation of the California redlegged frog, including costs associated 

with sections 4, 7, and 10 of the Act, 

and including those attributable to 

designating critical habitat. It further 

considers the economic effects of 

protective measures taken as a result of 

other Federal, State, and local laws that 

aid habitat conservation for the 

California red-legged frog in essential 

habitat areas. The EA considers both 

economic efficiency and distributional 

effects. In the case of habitat 

conservation, efficiency effects generally 

reflect the ‘‘opportunity costs’’ 

associated with the commitment of 

resources to comply with habitat 

protection measures (for example, lost 

economic opportunities associated with 

restrictions on land use). The EA also 

addresses how potential economic 

impacts are likely to be distributed, 

including an assessment of any local or 

regional impacts of habitat conservation 

and the potential effects of conservation 

activities on small entities and the 

energy industry. The information in the 

EA can be used by the Service and the 

Secretary to assess whether the effects of 

the designation might unduly burden a 

particular group or economic sector. 

Finally, the EA considers those costs 

that may occur in the 22 years following 

the designation of critical habitat. The 

EA estimates the foreseeable economic 

impacts and the potential incremental 

costs as a result of the revised critical 

habitat designation; these are those costs 

attributed to critical habitat over and 

above those baseline costs coextensive 

with listing. The EA described 

economic impacts of California redlegged frog conservation efforts 

associated with the following categories 

of activity: (1) Residential and 

Commercial Development; (2) Water 

Management; (3) Agriculture; (4) 

Ranching/Grazing; (5) Timber Harvest; 

(6) Transportation; (7) Fire Management; 

(8) Utility and Oil and Gas Pipeline 

Construction and Maintenance; and (9) 

Habitat and Vegetation Management. 

The pre-critical habitat designation 

(baseline) (1996–2008) costs associated 

with species conservation activities are 

estimated at $44 to $113 million on an 

annualized basis discounted at 7 

percent. The EA estimated the total 

potential incremental economic impacts 

likely to result from the designation 

over the next 22 years (2009 to 2030) to 

be $159 million to $500 million ($14.4 

to $45.2 million annualized) in present 

value terms using a 7 percent discount 

rate. Impacts to urban development 

represent approximately 90 percent of 

the incremental impacts. Impacts to 

agriculture activities account for 10 

percent of the incremental costs due to 

the assumed establishment of nopesticide use areas as part of the 

stipulated injunction as established by 

the Northern District Court of California 

for use of 66 pesticides (Center for 

Biological Diversity v. U.S. 

Environmental Protection Agency et al., 

Case No. C-02-1580-JSW (ND Ca. 2006)). 

This injunction and order will remain in 

effect for each of the 66 pesticides listed 

in the settlement until the 

Environmental Protection Agency (EPA) 

completes formal section 7(a)(2) 

consultation with the Service on the 

effects of each of the 66 active 

ingredients on the California red-legged 

frog. 

The EA did identify areas within the 

designation that had disproportionate 

costs when compared to other areas 

within the designation. We have 

reviewed the units that were associated 

with the disproportionate costs and 

have determined that only two units 

have the majority (over 30 percent) of 

the costs identified in the EA. Those 

units are Unit SLO-3 in San Luis Obispo 

County and Unit ALA-2 in Alameda 

County. However, due to the 

methodologies used in determining the 

costs to development that are associated 

with the designation of critical habitat, 

we are unable to specifically identify 

the exact areas where those costs may 

occur. Because the areas within the 

units where the high costs are attributed 

cannot be specifically identified, we 

have determined that it would be 

inappropriate to exercise our discretion 

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

exclude portions of Unit SLO-3, and 

Unit ALA-2 from the designation. 

Because the EA did not identify any 

disproportionate costs that are likely to 

result from the remainder of the 

designation outside Unit SLO-3 and 

Unit ALA-2, we did not consider 

exercising our discretion to exclude any 

other areas from this designation of 

critical habitat for the California redlegged frog based on economic impacts. 

A copy of the final EA with supporting 

documents is included in our 

administrative record and may be 

obtained by contacting the U.S. Fish and 

Wildlife Service, Sacramento Fish and 

Wildlife Office (see FOR FURTHER

INFORMATION CONTACT) or by 

downloading from the Internet at 

www.regulations.go/. 

Application of Section 4(b)(2) – Impacts 

to National Security 

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

Secretary to exercise his discretion to 

exclude areas from critical habitat for 

reasons of national security if he 

determines the benefits of such an 

exclusion exceed the benefits of 

designating the area as critical habitat. 

However, this exclusion cannot occur if 

it will result in the extinction of the 

species concerned. 

Camp San Luis Obispo 

Camp San Luis Obispo (CSLO) is a 

5,612 ac (2,271 ha) State-owned training 

site managed by the California Army 

National Guard, which provides training 

grounds for National Guard, U.S. Army 

Reserve, and other Department of 

Defense troops, as well as law 

enforcement agencies and the U.S. State 

Department. CSLO currently trains 

approximately 100,000 soldiers 

annually and supports overseas 

deployments to Iraq, Afghanistan, 

Kosovo, and other theaters. 

An Integrated Natural Resource 

Management Plan (INRMP) for CSLO 

was adopted by the California Army 

National Guard in 2001, but has not 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12859 

been approved and signed by the 

Service. The Endangered Species 

Management Plan for California redlegged frogs, included as part of the 

INRMP, specifies conservation measures 

including: annual monitoring of 

California red-legged frog populations 

on CSLO lands; monitoring of grazing 

and training impacts on riparian and 

upland habitats; installation of cattle 

exclusion fencing to protect riparian 

habitat; bank stabilization and 

revegetation, and nonnative/invasive 

plant removal; a 3:1 mitigation ratio for 

riparian vegetation lost during 

construction and maintenance projects; 

and actively seeking funding for habitat 

improvement and conservation projects. 

California red-legged frog management 

efforts would continue to be 

implemented regardless of whether we 

designate CSLO as critical habitat. 

The Department of the Army, the 

National Guard Bureau, and the 

California Army National Guard stated 

in their comments that critical habitat 

designation on CSLO lands would 

impact national security. Designation of 

these lands could limit or restrict the 

amount of natural infrastructure 

available for ongoing and future mission 

execution and training needed for 

national security. The California Army 

National Guard expressed concern that 

critical habitat designation would 

impede troop readiness by requiring 

consultation for activities that may 

affect California red-legged frog critical 

habitat, and that delays or limitations to 

mission-essential training at CSLO 

directly affect the ability of soldiers to 

perform mission-essential tasks when 

deployed abroad or when assigned to 

National, State, local, and Homeland 

Security missions. 

Benefits of Inclusion – Camp San Luis 

Obispo 

The benefit of including CSLO lands 

in this critical habitat designation is that 

designation can serve to educate the 

public regarding potential conservation 

value of the area and help focus 

conservation efforts. The California 

Army National Guard is well aware of 

the presence of California red-legged 

frogs on CSLO and the value of CSLO 

lands to the conservation of the 

California red-legged frog. The 

California Army National Guard 

currently implements management 

measures to conserve California redlegged frogs and their habitat. The 

California Army National Guard is 

actively working with the Service and 

the CDFG to develop an approved 

INRMP that will ensure conservation of 

this species on CSLO lands. 

Furthermore, we included all CSLO 

lands in the proposed designation, 

which itself reached a wide audience. 

Therefore, the educational benefits that 

might follow critical habitat designation 

(such as providing information to the 

California Army National Guard on 

areas important to the long-term 

conservation of this species) may have 

been already provided by consultation, 

development of the INRMP including 

the Endangered Species Management 

Plan, and proposing these areas as 

critical habitat. 

In light of the continued commitment 

by the California Army National Guard 

to manage their lands in a manner that 

promotes conservation of the California 

red-legged frog and because we will 

continue to complete consultations on 

activities that may impact California 

red-legged frogs, we believe designation 

of critical habitat would provide few, if 

any, additional regulatory and 

conservation benefits to the species 

beyond those that will result from 

continued species consultations. 

Benefits of Exclusion – Camp San Luis 

Obispo 

The benefits of excluding 

approximately 5,612 ac (2,271 ha) of 

California Army National Guard lands 

are significant. The CSLO lands are used 

for realistic, intensive military training 

that provides soldiers with essential 

war-fighting skills that they utilize on 

the battlefield. As described above, 

designation of CSLO lands could limit 

or restrict the amount of natural 

infrastructure available for ongoing and 

future training needed for national 

security. Excluding these California 

Army National Guard lands from critical 

habitat designation will remove the 

potential impact that a designation of 

critical habitat could have on the 

military’s ability to maintain our 

national security. 

Benefits of Exclusion Outweigh Benefits 

of Inclusion – Camp San Luis Obispo 

We have determined that 

approximately 5,612 ac (2,271 ha) of the 

Camp San Luis Obispo National Guard 

Training Site (CSLO), located in Unit 

SLO-3, contain features essential to the 

conservation of the California red-legged 

frog, thereby meeting the definition of 

critical habitat under the Act. In the 

revised proposed rule to designate 

critical habitat we incorrectly identified 

approximately 5,902 ac (2,388 ha) 

owned by CSLO. On further review of 

the ownership of the lands for this 

designation within Unit SLO-3, we now 

correctly identify approximately 5,612 

ac (2,271 ha) of land owned by CSLO 

that is subject to exclusion. In making 

our final decision with regard to CSLO 

lands, we considered several factors, 

including potential impacts to national 

security associated with a critical 

habitat designation as described by the 

Department of the Army, the National 

Guard Bureau, and the California Army 

National Guard; existing consultations; 

and conservation measures in place at 

this facility that benefit the California 

red-legged frog. We reviewed and 

evaluated the benefits of inclusion and 

benefits of exclusion for California 

Army National Guard lands in Unit 

SLO-3. We believe the benefits of 

designating these lands as California 

red-legged frog critical habitat are small, 

whereas the benefits of excluding these 

lands from critical habitat will result in 

the removal of potential impacts to 

national security. Therefore, we 

determined the benefits identified above 

of excluding approximately 5,612 ac 

(2,271 ha) of CSLO lands from the 

critical habitat designation outweigh the 

benefits of including these lands. Under 

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

is exercising his discretion to exclude 

all CSLO lands in SLO-3 from this final 

revised critical habitat designation as a 

result of impacts to national security. 

Exclusion Will Not Result in Extinction 

of the Species – Camp San Luis Obispo 

We have determined that the 

exclusion of the CSLO lands from the 

final revised designation of critical 

habitat for the California red-legged frog 

will not result in the extinction of the 

species. The benefits of excluding 5,612 

ac (2,271 ha) of lands from critical 

habitat are more significant than the 

benefits of inclusion and include the 

removal of impacts to national security. 

While some loss of habitat for the 

California red-legged frog may occur 

with the continued activities on CSLO 

lands, we conclude that, due to the 

measures outlined in the California redlegged frog management component of 

the pending INRMP, and the continued 

commitment from the California Army 

National Guard to consult with us on 

projects that may adversely impact 

California red-legged frogs, these 

continued activities will not result in 

extinction of this species. The jeopardy 

standard of section 7 of the Act and 

routine implementation of conservation 

measures through the section 7 process 

provide assurances that the species will 

not go extinct as a result of this 

exclusion. 

Vandenberg Air Force Base 

Vandenberg Air Force Base (VAFB) 

operates a 99,100 ac (40,104 ha) missile 

test base and aerospace center 

supporting west coast launch activities 

for the United States Air Force (Air 


sroberts on DSKD5P82C1PROD with RULES
12860 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

Force). The base extends along 

approximately 42 miles (68 km) of Santa 

Barbara County coastline and includes 

variable elevations and unique habitats 

that contribute to VAFB’s distinct 

biological diversity. VAFB provides 

airspace for space launches, ballistic 

missile tests, aeronautical operations 

and military exercises. 

An INRMP for VAFB was developed 

by the Air Force, but has not been 

approved and signed by the Service. 

The draft INRMP has served as the 

foundation for implementation of 

conservation measures including: 

periodic surveys of California red-legged 

frog populations on VAFB, coordination 

with VAFB water quality staff to prevent 

degradation and contamination of 

California red-legged frog habitat, 

protection of various sites from human 

activities and grazing, prohibition of 

non-native fish introduction into VAFB 

water bodies, and consultation with the 

Service on all actions that may affect 

California red-legged frogs on VAFB. 

The Air Force expressed concern that 

critical habitat designation on VAFB 

lands would impact national security 

and believes that designation of these 

lands as critical habitat would generally 

reduce the availability of 

unencumbered, natural infrastructure to 

support space and missile operations 

and essential maintenance activities. 

Additionally, the Air Force expressed 

concern that critical habitat designation 

would potentially delay short-notice, 

mission-critical activities that had not 

been previously analyzed in a 

consultation with the Service and that 

may affect critical habitat that has not 

been observed to be occupied by 

California red-legged frogs. 

Benefits of Inclusion – Vandenberg Air 

Force Base 

One benefit of including VAFB lands 

in this critical habitat designation is the 

designation can educate the public 

regarding potential conservation value 

of the installation and may help focus 

conservation efforts. The Air Force is 

aware of the value of VAFB lands to the 

conservation of the California red-legged 

frog and currently implements 

management measures to conserve 

California red-legged frogs and their 

habitat. The Air Force is actively 

working with the Service and the CDFG 

to develop a revised INRMP that will 

ensure conservation of this species on 

VAFB lands. Further, we included all 

VAFB lands in the proposed 

designation, which itself reached a wide 

audience. Therefore, the educational 

benefits that might follow critical 

habitat designation (such as providing 

information to the military on areas 

important to the long-term conservation 

of this species) may have been already 

provided by consultation, development 

of the INRMP, and proposing VAFB as 

critical habitat. 

In light of the continued commitment 

by the Department of the Air Force to 

manage their lands in a manner that 

promotes conservation of the California 

red-legged frog and because we will 

continue to complete consultations on 

activities that may impact California 

red-legged frogs, we believe designation 

of critical habitat would provide few, if 

any, additional regulatory and 

conservation benefits to the species 

beyond those that will result from 

continued species consultations. 

Benefits of Exclusion – Vandenberg Air 

Force Base 

The benefits of excluding 

approximately 24,913 ac (10,090 ha) of 

Air Force lands are significant. The 

VAFB lands are used to provide 

restricted airspace for space launches, 

ballistic missile tests, aeronautical 

operations, and military exercises. 

Designation of VAFB lands as critical 

habitat for California red-legged frogs 

would generally reduce the availability 

of unencumbered, natural infrastructure 

to support space missile operations and 

essential maintenance activities, and 

may potentially delay short-notice, 

mission-critical activities that were not 

previously analyzed in a consultation 

with the Service. Excluding these Air 

Force lands from the critical habitat 

designation will remove the potential 

impact that a designation of critical 

habitat could have on the military’s 

ability to maintain our national security. 

Benefits of Exclusion Outweigh Benefits 

of Inclusion – Vandenberg Air Force 

Base 

We determined that approximately 

24, 913 ac (10,090 ha) of Air Force lands 

at VAFB, 23,912 ac (9,684 ha) located in 

Unit STB-2 and 1,001 ac (405 ha) in 

STB-4, contain the features essential to 

the conservation of the California redlegged frog, and therefore meet the 

definition of critical habitat under the 

Act. In the unit description for Unit 

STB-2 in the revised proposed rule, we 

erroneously identified only 4,992 ac 

(1,992 ha) as being part of VAFB (73 FR 

53510). We corrected this error, and we 

now identify approximately 24,913 ac 

(10,090 ha) as being part of VAFB and 

as a result subject to exclusion. In 

making our final decision with regard to 

these Air Force lands, we considered 

several factors including potential 

impacts to national security associated 

with critical habitat designation as 

described by the Air Force, existing 

consultations, and conservation 

measures in place at VAFB that benefit 

the California red-legged frog. 

We reviewed and evaluated the 

benefits of inclusion and benefits of 

exclusion for Air Force lands in Unit 

STB-2 and STB-4. We believe the 

benefits of designating these lands as 

California red-legged frog critical habitat 

are small, whereas the benefits of 

excluding these lands from critical 

habitat will result in the removal of 

potential impacts to national security. 

Therefore, we determined the benefits 

identified above of excluding 

approximately 24,913 ac (10,090 ha) of 

VAFB lands from the critical habitat 

designation outweigh the benefits of 

including these lands. Under section 

4(b)(2) of the Act, we are excluding all 

Air Force lands in Unit STB-2 and STB4 from this final revised critical habitat 

to prevent impacts to national security. 

Exclusion Will Not Result in Extinction 

of the Species – Vandenberg Air Force 

Base 

We determined that the exclusion of 

the VAFB lands from the final revised 

critical habitat designation for the 

California red-legged frog will not result 

in the extinction of the species. The 

benefits of excluding 24,913 ac (10,090 

ha) of lands from critical habitat are 

more significant than the benefits of 

inclusion and include the prevention of 

impacts to national security as 

determined by the Air Force. While 

some loss of habitat for the California 

red-legged frog may occur with the 

continued activities on VAFB lands, we 

conclude that, due to the measures 

outlined in the draft INRMP, and the 

continued commitment from the Air 

Force to consult with us on projects that 

may adversely impact California redlegged frogs, these continued activities 

would not jeopardize the continued 

existence of this species. The jeopardy 

standard of section 7 of the Act and 

routine implementation of conservation 

measures through the section 7 process 

provide assurances that the species will 

not go extinct as a result of this 

exclusion. 

Application of Section 4(b)(2) – Other 

Relevant Impacts – Conservation 

Partnerships 

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

Secretary to exclude areas from critical 

habitat for other relevant impacts if he 

determines that the benefits of such 

exclusion outweigh the benefits of 

specifying such area as part of critical 

habitat, unless he determines, based on 

the best scientific data available, that 

the failure to designate such area as 

critical habitat will result in the 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12861 

extinction of the species. As discussed 

above in the Conservation Partnerships 

on Non-Federal Lands section, we 

believe that designation can negatively 

impact the working relationships and 

conservation partnerships we have 

formed with private landowners. The 

Service recognizes that 80 percent of 

endangered or threatened species occur 

either partially or solely on private 

lands (Crouse et al. 2002, p. 270), and 

we will only achieve recovery of 

federally listed species with the 

cooperation of private landowners. 

In making the following exclusions, 

we evaluated the benefits of designating 

these non-Federal lands that may not 

have a Federal nexus for consultation 

while considering if our existing 

partnerships have resulted, or will 

result, in greater conservation benefits 

to the California red-legged frog and the 

physical or biological features essential 

to its conservation than a critical habitat 

designation. As discussed in the 

‘‘Benefits of Designating Critical Habitat’’ 

section above, conservation 

partnerships that result in 

implementation of an HCP or other 

management plan that considers 

enhancement or recovery as the 

management standard often provide as 

much or more benefit than consultation 

on projects that may affect critical 

habitat (the primary benefit of a 

designation). 

In considering the benefits of 

including lands in a designation that are 

covered by a current HCP or other 

management plan, we evaluate a 

number of factors to help us determine 

the conservation benefit that the plan or 

program provides the species or its 

habitat: 

(1) Whether the plan is complete and 

provides protection from destruction or 

adverse modification of areas proposed 

as critical habitat; 

(2) Whether there is a reasonable 

expectation the conservation 

management strategies and actions will 

be implemented for the foreseeable 

future, based on past practices, written 

guidance, or regulations; and 

(3) Whether the plan provides 

conservation strategies and measures 

consistent with currently accepted 

principles of conservation biology. 

We balance the benefits of inclusion 

against the benefits of exclusion by 

considering the benefits that may accrue 

from consultations versus the benefits of 

preserving partnerships and 

encouraging development of additional 

HCPs and other conservation plans in 

the future. 

After consideration under section 

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

determined to exercise his discretion to 

exclude the following specific areas 

from the final revised critical habitat for 

the California red-legged frog: Bonnie 

Doon Quarries Settlement Ponds HCP in 

Santa Cruz County (6 ac (3 ha)) (Unit 

SCZ-1); East Contra Costa County HCP 

and Natural Community Conservation 

Plan (NCCP) in Contra Costa County 

(75,767 ac (30,662 ha)) (Unit CCS-2); 

Western Riverside Multi-species HCP in 

Riverside County (4,069 ac (1,647 ha)) 

(Unit RIV-1); East Bay Regional Park 

District lands in Contra Costa County 

(14,627 ac (5,919 ha)) (Unit CCS-2); 

Spivey Pond Management Area (BLM) 

in El Dorado County (54 ac (22 ha)) 

(Unit ELD-1); and Hearst Ranch 

Conservation Easement in San Luis 

Obispo County (34,777 ac (14,074 ha)) 

(Unit SLO-2). 

Bonny Doon Quarries Settlement Ponds 

Habitat Conservation Plan (Bonny Doon 

HCP) (Unit SCZ-1) 

The Bonny Doon HCP encompasses 

approximately 6 ac (3 ha) of 

privatelyowned lands in the Santa Cruz 

Mountains near the town of Davenport, 

Santa Cruz County, California. 

California red-legged frogs are present in 

both of the watersheds (San Vicente 

Creek and Liddell Creek) where seven 

settlement ponds were constructed at 

the Bonny Doon Quarries. The Bonny 

Doon HCP was completed and finalized 

in 1998, concurrently with a final 

environmental assessment on the HCP 

under the National Environmental 

Policy Act (NEPA; 42 U.S.C. 4321 et 

seq.). We issued a non-jeopardy 

biological opinion under section 7 of the 

Act on the Bonny Doon HCP on July 29, 

1999 (Service, 1-8-99-FW-70, 1999, pp. 

1-13). The Bonny Doon HCP contains 

measures to minimize and mitigate 

impacts to the California red-legged frog 

and its habitat from the quarry’s 

operations, maintenance, and possible 

reclamation activities. The primary 

components of the minimization and 

mitigation include: developing and 

implementing an employee training 

program and community outreach 

program; conducting annual breeding 

and pre-activity surveys for California 

red-legged frogs at all settlement and 

mitigation ponds; avoiding or relocating 

California red-legged frog adults, 

tadpoles, and egg masses during 

maintenance activities; minimizing 

impacts of water releases to breeding 

populations of California red-legged 

frogs; inspecting the ground for 

California red-legged frogs that may be 

under vehicles prior to use; establishing 

a speed limit of 10 mi/hour (16 km/ 

hour) on roads within the operational 

area; using pesticides and herbicides 

that do not affect aquatic organisms and 

applying them in accordance with label 

precautions; disposing of all foodrelated trash in closed containers; 

controlling nonnative predators; and 

enhancing habitat suitability of the 

mitigation ponds and Settlement Pond 1 

for the California red-legged frog. The 

Bonny Doon HCP and its accompanying 

implementing agreement, which 

delineates the responsibilities of the 

Service and the permittee for the 

implementation of the HCP, are 

designed to allow the operation and 

maintenance activities of up to seven 

settlement ponds and the reclamation of 

two additional settlement ponds totaling 

4.9 ac (2 ha) in a manner that will result 

in conservation of the California redlegged frog and its habitat. 

Based on the reasoning below, the 

Secretary has determined to exercise his 

discretion to exclude approximately 6 

ac (3 ha) of land from unit SCZ-1 in 

Santa Cruz County under section 4(b)(2) 

of the Act. 

Benefits of Inclusion - Bonny Doon HCP 

The inclusion of approximately 6 ac 

(3 ha) of lands within the Bonny Doon 

HCP could be beneficial because it 

identifies lands that require 

management for conservation of 

California red-legged frogs. The process 

of proposing and finalizing the revised 

critical habitat rule provided the Service 

with the opportunity to evaluate and 

refine the features essential to the 

conservation of the species within the 

geographical area occupied by it at the 

time of listing, as well as to evaluate 

whether there are other areas essential 

for the conservation of the species. The 

designation process included peer 

review and public comment on the 

identified features and areas. This 

process is valuable to landowners and 

managers in developing conservation 

management plans for identified areas, 

as well as any other occupied habitat or 

suitable habitat that may not have been 

included in the Service’s determination 

of essential habitat. 

The educational benefits of 

designation are small and largely 

redundant to those derived through 

conservation efforts currently being 

implemented in the approximately 6 ac 

(3 ha) of lands within the Bonny Doon 

HCP. The educational benefits of critical 

habitat designation derived through 

informing landowners and other 

members of the public of areas 

important for the long-term 

conservation of the California red-legged 

frog may have been and continue to be 

achieved through: (1) Development and 

implementation of the Bonny Doon 

HCP, (2) the original critical habitat 

designation process in 2001 (66 FR 


sroberts on DSKD5P82C1PROD with RULES
12862 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

14626), and (3) publication of the 

revised critical habitat designation in 

2006 (71 FR 19244). 

The consultation provisions under 

section 7 of the Act constitute the 

regulatory benefits of inclusion for 

critical habitat. As discussed above, 

Federal agencies must consult with us 

on actions that may affect critical 

habitat and must avoid destroying or 

adversely modifying critical habitat. 

There is some, albeit limited, potential 

for future activities within the lands we 

are excluding having a Federal nexus for 

the California red-legged frog as a result 

of actions by Federal agencies, such as 

the Army Corps of Engineers. Therefore, 

including this area may provide some 

regulatory benefits under section 7 of 

the Act. 

However, the Bonny Doon HCP 

addresses conservation issues from a 

coordinated, integrated perspective 

rather than a piecemeal, project-byproject approach (as would occur on 

these lands under sections 7 of the Act 

absent this plan) and will arguably 

achieve more California red-legged frog 

conservation within the Bonny Doon 

HCP Plan Area than through section 7 

consultations involving consideration of 

critical habitat. The PCEs required by 

California red-legged frogs will benefit 

from the conservation objectives and 

required measures outlined in the 

Bonny Doon HCP. 

In light of the conservation planning 

used in the development of the Bonny 

Doon HCP and the conservation that 

will occur under the HCP, we conclude 

that the potential regulatory benefit of 

designating this area in Unit SCZ-1 as 

critical habitat is minimal. 

Benefits of Exclusion - Bonny Doon HCP 

HCPs foster a cooperative, 

coordinated approach to species 

protection and habitat conservation. The 

benefits of excluding HCP lands are: (1) 

Retaining and fostering the existing 

partnership and working relationship 

with the landowner(s) and other 

entities, and (2) encouraging future HCP 

development or development of other 

species/habitat conservation plans. The 

benefits of excluding lands within 

approved plans that specifically benefit 

listed or sensitive species from critical 

habitat discussed above applies fully to 

the Bonny Doon HCP. Additionally, 

exclusion of an HCP (such as the Bonny 

Doon HCP) demonstrates our good faith 

effort and collaborative working 

relationships, which should encourage 

initiation and completion of other HCPs. 

We developed close partnerships with 

all participating entities through the 

development of the Bonny Doon HCP, 

which incorporates appropriate 

protections and management for the 

California red-legged frog, its habitat, 

and the features essential to the 

conservation of this species. By 

excluding 6 ac (3 ha) of lands in Unit 

SCZ-1 from designation, we are 

eliminating an essentially redundant 

layer of regulatory review for projects 

covered by the Bonny Doon HCP, 

helping to preserve our ongoing 

partnership with the plan participants, 

and encouraging new partnerships with 

other landowners and jurisdictions. 

These partnerships are critical for the 

conservation of California red-legged 

frog. 

Benefits of Exclusion Outweigh the 

Benefits of Inclusion -Bonny Doon HCP 

As discussed in the ‘‘Benefits of 

Inclusion - Bonny Doon HCP’’ section 

above, we believe the regulatory benefit 

of designating critical habitat on lands 

covered by the Bonny Doon HCP would 

be low. The Bonny Doon HCP addresses 

conservation issues from a coordinated, 

integrated perspective rather than a 

piecemeal project-by-project approach 

and will achieve more California redlegged frog conservation than we would 

achieve through multiple site-by-site, 

project-by- project, section 7 

consultations involving consideration of 

critical habitat. We believe the 

conservation benefits for California redlegged frogs that would occur as a result 

of designating those 6 ac (3 ha) in Unit 

SCZ-1 as critical habitat (e.g., protection 

afforded through the section 7(a)(2) 

consultation process) is minimal 

compared to the overall conservation 

benefits for the species that will be 

realized through the implementation of 

the Bonny Doon HCP. 

Furthermore, the educational benefits 

of critical habitat designation, including 

informing the public of areas important 

for the long-term conservation of the 

species, are accomplished from material 

provided on our website and through 

notices of public comment periods 

associated with the original California 

red-legged frog critical habitat rule (66 

FR 14626), the first revised critical 

habitat rule (71 FR 19244), and the 

Bonny Doon HCP (Service 1998, pp. 1- 

23). Further, many educational benefits 

of critical habitat designation will be 

achieved through the overall 

designation, and will occur whether or 

not this particular location is 

designated. For these reasons, we 

believe that designating critical habitat 

has little benefit in areas covered by the 

Bonny Doon HCP. 

The exclusion of the Bonny Doon 

HCP lands from California red-legged 

frog critical habitat will help preserve 

the partnerships that we developed for 

this HCP, which provides for California 

red-legged frog conservation. It may also 

help encourage new partnerships with 

other landowners and jurisdictions. 

These partnerships are critical for the 

conservation of California red-legged 

frog. 

We reviewed and evaluated the 

exclusion of 6 ac (3 ha) of private lands 

within the Bonny Doon HCP plan area 

from the final revised critical habitat 

designation for the California red-legged 

frog and determined that the benefits of 

excluding these lands in Unit SCZ-1 

outweigh the benefits of including them. 

As discussed above, the HCP will 

provide for preservation and 

management of habitat for and features 

essential to the conservation of the 

species. 

Exclusion Will Not Result in Extinction 

of the Species - Bonny Doon HCP 

In keeping with our analysis and 

conclusion detailed in our biological 

opinion for the Bonny Doon HCP 

(Service, 1-8-99-FW-70, 1999, pp 1-13), 

we determined the exclusion of 6 ac (3 

ha) of permittee-owned lands within the 

Bonny Doon HCP from this final critical 

habitat designation will not result in the 

extinction of the species. The amount of 

habitat we are excluding within the 

Bonny Doon HCP is only a minute 

fraction (less than 0.001 percent) of the 

amount of designated critical habitat in 

Unit SCZ-1. Additionally, the jeopardy 

standard of section 7 of the Act and 

routine implementation of conservation 

measures through the section 7 process 

provide assurances that the species will 

not go extinct as a result of this 

exclusion. 

Western Riverside County Multiple 

Species Habitat Conservation Plan 

(Western Riverside County MSHCP) 

(Unit RIV-1) 

The Western Riverside County 

MSHCP is a large-scale, 

multijurisdictional HCP encompassing 

1.26 million ac (510,000 ha) in western 

Riverside County and addresses 146 

listed and unlisted ‘‘covered species,’’ 

including the California red-legged frog. 

Participants in the Western Riverside 

County MSHCP include 14 cities in 

western Riverside County; the County of 

Riverside, including the Riverside 

County Flood Control and Water 

Conservation Agency (County Flood 

Control), Riverside County 

Transportation Commission, Riverside 

County Parks and Open Space District 

(County Parks), and Riverside County 

Waste Department; California 

Department of Parks and Recreation 

(State Parks); and the California 

Department of Transportation (Caltrans). 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12863 

The Western Riverside County 

MSHCP was designed to establish a 

multi-species conservation program that 

minimizes and mitigates the expected 

loss of habitat and associated incidental 

take of covered species. The Service 

issued an incidental take permit (TE– 

088609–0) under section 10(a)(1)(B) of 

the Act on June 22, 2004, to 22 

permittees under the Western Riverside 

County MSHCP for a period of 75 years. 

This HCP requires establishment of 

approximately 153,000 ac (61,916 ha) of 

new conservation lands (Additional 

Reserve Lands) to complement the 

approximately 347,000 ac (140,426 ha) 

of pre-existing natural and open space 

areas defined by the Western Riverside 

County MSHCP as Public/Quasi-Public 

(PQP) lands. These PQP lands include 

those under Federal ownership, 

primarily managed by the Forest Service 

and BLM, and also permittee-owned, 

open-space areas, primarily managed by 

State and County Parks. Collectively, 

the Additional Reserve Lands and PQP 

lands form the overall Western 

Riverside County MSHCP Conservation 

Area. The configuration of the 153,000 

ac (61,916 ha) of Additional Reserve 

Lands is not mapped or precisely 

identified in the Western Riverside 

County MSHCP, but rather is based on 

textual descriptions within the bounds 

of a 310,000-ac (125,453-ha) Criteria 

Area and is interpreted as 

implementation of the Western 

Riverside County MSHCP takes place. 

All lands in Unit RIV-1 are located 

within the Western Riverside County 

MSHCP Plan Area. 

To address the primary threats to the 

California red-legged frog (i.e., habitat 

destruction and alteration) (61 FR 

25813; May 23, 1996), the Western 

Riverside County MSHCP provides 

enhancement of habitat by removing or 

reducing these threats. Conservation 

objectives specific to the California redlegged frog in the MSHCP include the 

conservation of occupied and historical 

breeding habitat, and the conservation 

of intervening lands that provide for 

movement between core areas and 

upland habitat adjacent to occupied or 

suitable breeding habitat (Dudek and 

Associates, Inc. 2003, pp. A19–A20). 

The only known population of 

California red-legged frogs in the 

boundaries of the Western Riverside 

County MSCHP occurs along Cole Creek 

on the Santa Rosa Plateau. The occupied 

area along Cole Creek is entirely within 

the Santa Rosa Plateau Ecological 

Reserve, which is owned and managed 

by the CDFG. The management of the 

Santa Rosa Plateau Ecological Reserve 

includes measures that protect the 

habitat of the California red-legged frog 

and focus on restoration activities that 

benefit this species (Service 2004, p. 

54). This area is included in Unit RIV1, which consists of 4,069 ac (1,647 ha) 

of lands owned or controlled by the 

permittees. A total of 3,997 ac (1,618 ha) 

of these lands are currently conserved 

and referred to as PQP lands in the 

analysis of the Western Riverside 

County MSHCP, and 72 ac (29 ha) of 

lands that are privately owned. The 

provisions of the Western Riverside 

County MSHCP strengthen the 

management for the California redlegged frog and ensure that any projects 

that take place on the private land will 

not reduce the viability of the 

population within Unit RIV-1. 

Specifically, in the area proposed as 

critical habitat, the Western Riverside 

County MSHCP directs reserve 

managers of the PQP lands to maintain 

ecological processes within occupied 

habitat and appropriate new areas for 

the California red-legged frog (Dudek 

and Associates, Inc. 2003, pp. 5–13). 

Private lands included in Unit RIV-1 are 

in the survey area for the California redlegged frog, where 90 percent of areas 

that provide long-term conservation 

value for the species will be avoided 

until the conservation objectives for the 

California red-legged frog are met 

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

65–6-71). The Western Riverside County 

MSHCP indicates that the PQP reserve 

lands within Unit RIV-1 will be 

monitored to determine if successful 

reproduction is occurring (Dudek and 

Associates, Inc. 2003, p. 5–13). These 

lands will be managed to ensure that the 

threats to this species from altered 

hydrology, flood control, nonnative 

plant species, mining, human collecting, 

and predation will not negatively 

impact the population and that 

ecological processes necessary for the 

California red-legged frog breeding 

populations will be maintained (Dudek 

and Associates, Inc. 2003, p. 5–13). The 

Western Riverside County MSHCP 

preserves the habitat that supports 

identified core population(s) of this 

species and therefore contributes to 

recovery of this species in the Western 

Riverside County MSHCP area. The 

conservation objectives, required 

surveys, and adaptive management 

program for the California red-legged 

frog (and its PCEs) provided by the 

Western Riverside County MSHCP may 

exceed any conservation value provided 

as a result of regulatory protections that 

have been or may be afforded through 

critical habitat designation. Projects in 

these areas conducted or approved by 

Western Riverside County MSHCP 

permittees are subject to the 

conservation requirements of the 

Western Riverside County MSHCP. The 

Secretary has determined to exercised 

his discretion to exclude the entire 

approximately 4,069 ac (1,647 ha) of 

permittee-owned PQP and private lands 

from revised critical habitat designation 

within Unit RIV-1 (Cole Creek) under 

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

Benefits of Inclusion - Western Riverside 

County MSHCP 

The benefits of inclusion in a critical 

habitat designation will provide little 

additional benefit to the California redlegged frog within the boundaries of the 

approved Western Riverside County 

MSHCP. The principal benefit of any 

designated critical habitat is that 

federally funded, permitted, or 

authorized activities that may affect 

critical habitat will require consultation 

under section 7 of the Act. Such 

consultations ensure that adequate 

protection is provided to avoid adverse 

modification or destruction of critical 

habitat. The approved Western 

Riverside County MSHCP covers the 

California red-legged frog and is 

designed to ensure the conservation of 

the species within the Plan area and 

incorporates special management and 

protection measures for California redlegged frog habitat within Plan 

boundaries. The Western Riverside 

County MSHCP’s measures to protect 

the California red-legged frog and its 

habitat have undergone thorough 

evaluation in the section 7 consultation 

prior to approval of the Plan, and, 

therefore, there is no benefit of section 

7 consultation by including these areas 

in critical habitat. Development and 

implementation of the Western 

Riverside County MSHCP has provided 

other important conservation benefits 

for the California red-legged frog, 

including the development of biological 

information to guide conservation 

efforts and assist in the species’ 

recovery within the Plan area. The 

educational benefits of designating 

critical habitat, including informing the 

public of areas that are important to the 

conservation of listed species, are 

essentially the same as those that have 

occurred during the process of 

reviewing and approving the Western 

Riverside County MSHCP. Specifically, 

the Western Riverside County MSHCP 

involved public participation through 

public notices and public comment 

periods, prior to being approved. For 

these reasons, we believe that 

designation of critical habitat would 

provide little additional benefit in areas 

covered by the approved Western 

Riverside County MSHCP. Federal 

actions that may affect the California 


sroberts on DSKD5P82C1PROD with RULES
12864 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

red-legged frog will still require 

consultation under section 7 of the Act. 

Benefits of Exclusion — Western 

Riverside County MSHCP 

The benefits of excluding the Western 

Riverside County MSHCP from critical 

habitat designation include relieving 

landowners, communities, and portions 

of Riverside County of any additional 

regulatory burden that might be 

imposed by critical habitat. Many HCPs, 

particularly large regional HCPs, take 

many years to develop and, upon 

completion, become regional 

conservation plans that are consistent 

with the recovery objectives for listed 

species that are covered within the Plan 

area. Additionally, many of these HCPs 

provide conservation benefits to 

unlisted sensitive species. Imposing an 

additional regulatory review after an 

HCP is completed solely as a result of 

the designation of critical habitat may 

undermine conservation efforts and 

partnerships in many areas. In fact, it 

could result in the loss of species’ 

benefits if participants abandon the 

voluntary HCP process. Designation of 

critical habitat within the boundaries of 

approved HCPs could also be viewed as 

a disincentive to those entities currently 

developing HCPs or contemplating them 

in the future. The benefits of excluding 

lands within approved plans that 

specifically benefit listed or sensitive 

species from critical habitat discussed 

above applies fully to the Western 

Riverside County MSHCP. A related 

benefit of excluding lands within 

approved HCPs that cover the California 

red-legged frog from the critical habitat 

designation is the continued ability to 

seek new partnerships with future HCP 

participants, including States, counties, 

local jurisdictions, conservation 

organizations, and private landowners, 

which together can implement 

conservation actions that we would be 

unable to accomplish otherwise. If lands 

within approved HCP plan areas are 

designated as critical habitat, it would 

likely have a chilling effect on our 

ability to establish new partnerships to 

develop HCPs, particularly large 

regional HCPs that involve numerous 

participants and address landscapelevel conservation of the California redlegged frog and its habitat. By excluding 

the lands covered within the Western 

Riverside County MSHCP, we preserve 

our current partnerships and encourage 

additional conservation actions in the 

future. 

Benefits of Exclusion Outweigh the 

Benefits of Inclusion - Western Riverside 

County MSHCP 

We believe that the regulatory benefit 

of designating critical habitat on private 

lands covered by the Western Riverside 

County MSHCP would be low and may 

hinder the effective implementation of 

the Plan. The Western Riverside County 

MSHCP addresses conservation issues 

from a coordinated, integrated 

perspective and will achieve better 

California red-legged frog conservation 

than would be achieved through 

multiple site-by-site, project-by-project, 

section 7 consultations involving 

consideration of critical habitat. The 

Western Riverside County MSHCP 

provides for the proactive monitoring 

and management of conserved lands (as 

previously described), reducing known 

threats to California red-legged frog and 

its habitat. 

Conservation and management of 

California red-legged frog habitat is 

essential to the survival and recovery of 

this species. Such conservation needs 

are typically not addressed through the 

application of the statutory prohibition 

on adverse modification or destruction 

of critical habitat. The Western 

Riverside County MSHCP provides as 

much or more conservation benefit to 

the species than a consultation for 

critical habitat designation conducted 

under the standards required by the 

Ninth Circuit in the Gifford Pinchot 

decision. Furthermore, educational 

benefits that may be derived from a 

critical habitat designation are low in 

this case and largely redundant to the 

educational benefits achieved through 

the significant public, State, and local 

government input solicited and received 

during the development of the Western 

Riverside County MSHCP. 

We have developed close partnerships 

with the 22 Western Riverside County 

MSHCP permittees through the 

development of this regional HCP that 

incorporates appropriate protections 

and management of the physical and 

biological features essential to the 

conservation of this species. Those 

protections are consistent with the 

mandates under section 7 of the Act to 

avoid adverse modification or 

destruction of critical habitat and go 

beyond that prohibition by including 

active management and protection of 

essential habitat areas. By excluding 

these lands from designation, we are 

eliminating a largely redundant layer of 

regulatory review for a limited set of 

projects on non-Federal lands that are 

addressed by the Western Riverside 

County MSHCP, and we are helping to 

preserve our ongoing partnerships with 

the permittees and encouraging new 

partnerships with other landowners and 

jurisdictions. Those partnerships, and 

the landscape-level, multiple-species 

conservation planning efforts they 

promote, are critical for the 

conservation of the California red-legged 

frog. Designating critical habitat on nonFederal lands within the Western 

Riverside County MSHCP could have a 

detrimental effect on our partnerships 

with the 22 Western Riverside County 

MSHCP permittees and could be a 

significant disincentive to the 

establishment of future partnerships and 

HCPs with other partners. 

We reviewed and evaluated the 

exclusion of 4,069 ac (1,647 ha) of 

private lands within the Western 

Riverside County MSHCP area from the 

final revised critical habitat designation 

for the California red-legged frog and 

determined that the benefits of 

excluding these lands in Unit RIV-1 

outweigh the benefits of including them. 

As discussed above, the HCP will 

provide for preservation and 

management of habitat for and features 

essential to the conservation of the 

species. 

Exclusion Will Not Result in Extinction 

of the Species - Western Riverside 

County MSHCP 

In keeping with our analysis and 

conclusion detailed in our biological 

opinion for the Western Riverside 

County MSHCP (Service 2004, p. 334), 

we do not believe that the exclusion of 

non-Federal lands that meet the 

definition of critical habitat within the 

Western Riverside County MSHCP plan 

area from the final designation of 

critical habitat for the California redlegged frog will result in the extinction 

of the species. Additionally, the 

jeopardy standard of section 7 of the Act 

and routine implementation of 

conservation measures through the 

section 7 process also provide 

assurances that the species will not go 

extinct as a result of this exclusion. 

East Contra Costa County Habitat 

Conservation Plan and Natural 

Community Conservation Plan (East 

Contra Costa County HCP/NCCP) (Unit 

CCS-2) 

The East Contra Costa County HCP/ 

NCCP was finalized on July 25, 2007 

(Service 2007b, pp. 1-6). Participants in 

this HCP/NCCP include the County of 

Contra Costa; the cities of Brentwood, 

Clayton, Oakley, and Pittsburg, 

California; and the Contra Costa Water 

District. The East Contra Costa County 

HCP encompasses the eastern portion of 

Contra Costa County from 

approximately west of Concord to Sand 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12865 

Mound Slough and Clifton Court 

Forebay on the east. The East Contra 

Costa County HCP/NCCP is also a 

subregional plan under the State’s NCCP 

process and was developed in 

cooperation with the CDFG. The East 

Contra Costa County HCP/NCCP 

includes areas where urban growth and 

development are expected to occur and 

has identified the California red-legged 

frog as a covered species. The East 

Contra Costa County HCP/NCCP 

specifically seeks to provide 

management and protection of the 

California red-legged frog through 

several conservation measures 

including: (1) Preserve between 24,455 

to 29,467 ac (9,897 to 11,925 ha) of 

upland foraging and dispersal habitat 

(not including additional lands 

identified in open space and parks); (2) 

preserve between 28 to 36 wetted ac (11 

to 15 wetted ha) of non-stream breeding 

habitat and between 85 to 98 mi (137 to 

158 km) of stream breeding habitat; (3) 

create approximately 33 wetted ac (13 

wetted ha) of ponds; (4) restore 

approximately 85 ac (34 ha) of perennial 

wetland complex; (5) preserve major 

habitat connections linking existing 

public lands; (6) incorporate a range of 

habitat and population management and 

enhancement measures; (7) fully 

mitigate the impacts of covered species 

and species, including the California 

red-legged frog; (8) maintain ecosystem 

processes; and (9) contribute to the 

recovery of covered species and species. 

These conservation measures will 

benefit California red-legged frog 

conservation by preserving and 

restoring existing wetland and upland 

habitat and creating new wetland 

habitat for the species. We expect the 

East Contra Costa County HCP/NCCP to 

provide substantial protection of the 

physical and biological features 

essential to the conservation of the 

species and provide special 

management considerations and 

protection of conservation lands. This 

will provide a greater level of 

management for the California redlegged frog on these private lands than 

would designation of critical habitat. 

Benefits of Inclusion - East Contra Costa 

County HCP/NCCP 

Critical habitat designation will 

provide little additional benefit to the 

California red-legged frog within the 

boundaries of the approved East Contra 

Costa County HCP/NCCP through the 

section 7 consultation process. The 

principal benefit of any designated 

critical habitat is that federally funded, 

permitted, or authorized activities that 

may affect critical habitat will require 

consultation under section 7 of the Act. 

Such consultations ensure that adequate 

protection is provided to avoid adverse 

modification or destruction of critical 

habitat. The approved East Contra Costa 

County HCP/NCCP covers the California 

red-legged frog and is designed to 

ensure the conservation of the species 

within the Plan area and incorporates 

special management and protection 

measures for California red-legged frog 

habitat within Plan boundaries. The 

adequacy of the East Contra Costa 

County HCP/NCCP measures to protect 

the California red-legged frog and its 

habitat has undergone thorough 

evaluation in the section 7 consultation 

completed prior to approval of the Plan, 

and, therefore, there is no benefit of 

including these areas in critical habitat. 

Development and implementation of the 

East Contra Costa County HCP/NCCP 

has provided other important 

conservation benefits for the California 

red-legged frog, including the 

development of biological information 

to guide conservation efforts and assist 

in the species’ recovery within the Plan 

area. The educational benefits of 

designating critical habitat, including 

informing the public of areas that are 

important to the conservation of listed 

species, are essentially the same as 

those that have occurred during the 

process of reviewing and approving the 

East Contra Costa County HCP/NCCP. 

Specifically, the East Contra Costa 

County HCP/NCCP involved public 

participation through public notices and 

public comment periods, prior to being 

approved. For these reasons, we believe 

that designation of critical habitat 

would provide little additional benefit 

in areas covered by the approved East 

Contra Costa County HCP/NCCP. 

Federal actions that may affect the 

California red-legged frog will still 

require consultation under section 7 of 

the Act. 

Benefits of Exclusion — East Contra 

Costa County HCP/NCCP 

The benefits of excluding the East 

Contra Costa County HCP/NCCP from 

critical habitat designation include 

relieving landowners, communities, and 

portions of eastern Contra Costa County 

of any additional regulatory burden that 

might be imposed by critical habitat. 

Many HCPs, particularly large regional 

HCPs, take many years to develop and, 

upon completion, become regional 

conservation plans that are consistent 

with the recovery objectives for listed 

species that are covered within the Plan 

area. Additionally, many of these HCPs 

provide conservation benefits to 

unlisted sensitive species. Imposing an 

additional regulatory review after a HCP 

is completed solely as a result of the 

designation of critical habitat may 

undermine conservation efforts and 

partnerships in many areas. In fact, it 

could result in the loss of species’ 

benefits if participants abandon the 

voluntary HCP process. Designation of 

critical habitat within the boundaries of 

approved HCPs could also be viewed as 

a disincentive to those entities currently 

developing HCPs or contemplating them 

in the future. The benefits of excluding 

lands within approved plans that 

specifically benefit listed or sensitive 

species from critical habitat discussed 

above applies fully to the East Contra 

Costa County HCP/NCCP. A related 

benefit of excluding lands within 

approved HCPs that cover the California 

red-legged frog from the critical habitat 

designation is the continued ability to 

seek new partnerships with future HCPs 

participants, including States, counties, 

local jurisdictions, conservation 

organizations, and private landowners, 

which together can implement 

conservation actions that we would be 

unable to accomplish otherwise. If lands 

within approved HCPs plan areas are 

designated as critical habitat, it would 

likely have a chilling effect on our 

ability to establish new partnerships to 

develop HCPs, particularly large 

regional HCPs that involve numerous 

participants and address landscape level 

conservation of the California red-legged 

frog and its habitat. By excluding the 

lands covered within the East Contra 

Costa County HCP/NCCP, we preserve 

our current partnerships and encourage 

additional conservation actions in the 

future. 

Benefits of Exclusion Outweigh the 

Benefits of Inclusion 

We believe that the regulatory benefit 

of designating critical habitat on private 

lands covered by the East Contra Costa 

County HCP/NCCP would be low and 

may hinder the effective 

implementation of the plan. The East 

Contra Costa County HCP/NCCP 

addresses conservation issues from a 

coordinated, integrated perspective and 

will achieve better California red-legged 

frog conservation than would be 

achieved through multiple site-by-site, 

project-by-project, section 7 

consultations involving consideration of 

critical habitat. East Contra Costa 

County HCP/NCCP provides for the 

proactive monitoring and management 

of conserved lands (as previously 

described), reducing known threats to 

California red-legged frog and its 

habitat. 

Conservation and management of 

California red-legged frog habitat is 

essential to the survival and recovery of 

this species. Such conservation needs 


sroberts on DSKD5P82C1PROD with RULES
12866 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

are typically not addressed through the 

application of the statutory prohibition 

on adverse modification or destruction 

of critical habitat. The East Contra Costa 

County HCP/NCCP provides as much or 

more conservation benefit to the species 

than a consultation for critical habitat 

designation conducted under the 

standards required by the Ninth Circuit 

in the Gifford Pinchot decision. 

Furthermore, educational benefits that 

may be derived from a critical habitat 

designation are low in this case and 

largely redundant to the educational 

benefits achieved through the 

significant public, State, and local 

government input solicited and received 

during the development of the East 

Contra Costa County HCP/NCCP. 

We have developed close partnerships 

with the eight East Contra Costa County 

HCP/NCCP permittees through the 

development of this regional HCP/NCCP 

that incorporates appropriate 

protections and management of the 

physical and biological features 

essential to the conservation of this 

species. Those protections are 

consistent with the mandates under 

section 7 of the Act to avoid adverse 

modification or destruction of critical 

habitat and go beyond that prohibition 

by including active management and 

protection of essential habitat areas. By 

excluding these lands from designation, 

we are eliminating a largely redundant 

layer of regulatory review for a limited 

set of projects on non-Federal lands that 

are addressed by the East Contra Costa 

County HCP/NCCP, and we are helping 

to preserve our ongoing partnerships 

with the permittees and encouraging 

new partnerships with other 

landowners and jurisdictions. Those 

partnerships, and the landscape-level, 

multiple-species conservation planning 

efforts they promote, are critical for the 

conservation of the California red-legged 

frog. Designating critical habitat on nonFederal lands within the East Contra 

Costa County HCP/NCCP could have a 

detrimental effect to our partnerships 

with the eight East Contra Costa County 

HCP/NCCP permittees and could be a 

significant disincentive to the 

establishment of future partnerships and 

HCPs with other partners. 

As a result of the specific 

conservation measures in the Plan being 

implemented for the California redlegged frog, the Secretary has 

determined to exercise his discretion 

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

exclude approximately 75,767 ac 

(30,662 ha) of land that will receive 

protection and the special management 

they require through funding 

mechanisms that will be implemented 

under the East Contra Costa County 

HCP/NCCP. 

Exclusion Will Not Result in Extinction 

of the Species 

In keeping with our analysis and 

conclusion detailed in our biological 

opinion for the East Contra Costa 

County HCP/NCCP (Service 2007c, pp. 

1–189), we do not believe that the 

exclusion of non-Federal lands that 

meet the definition of critical habitat 

within the East Contra Costa County 

HCP/NCCP plan area from the final 

designation of critical habitat for the 

California red-legged frog will result in 

the extinction of the species. 

Additionally, the jeopardy standard of 

section 7 of the Act and routine 

implementation of conservation 

measures through the section 7 process 

also provide assurances that the species 

will not go extinct as a result of this 

exclusion. 

Other Conservation Plans 

East Bay Regional Park District Lands 

(EBRPD) (Unit CCS-2) 

The East Bay Regional Park District 

(EBRPD) manages 65 regional parks, 

recreation areas, wilderness, shorelines, 

preserves, and land bank areas covering 

over 95,000 ac (34,446 ha) in Alameda 

and Contra Costa Counties. The EBRPD 

Board of Directors adopted the EBRPD 

Plan on December 17, 1996, under 

Resolution Number 1996–12–349 

(EBRPD 1997, pp. 1–87). The EBRPD 

Plan provides for monitoring and 

conservation of rare, threatened, and 

endangered taxa, including the 

California red-legged frog. The Service 

issued an incidental take permit 

(817400) under section 10(a)(1)(B) of the 

Act to the EBRPD and they have been 

actively conducting California redlegged frog surveys and research over 

the last 15 years. In 1996, 2000, 2004, 

and most recently in 2007 (Bobzien and 

DiDonato 2007, pp. 1–87), EBRPD staff 

conducted California red-legged frog 

surveys across all park lands for the 

purpose of population trend monitoring 

and habitat assessment. Research 

conducted by EBRPD has also focused 

on California red-legged frog habitat 

requirements, tolerances related to 

water quality, adult and juvenile 

movements, and the effect of livestock 

grazing on habitat and frog 

reproduction. EBRPD provides 

educational outreach through park 

interpretive programs and presentation 

of California red-legged frog research 

findings at scientific conferences and in 

peer-reviewed journals. Habitat 

restoration and nonnative predator 

control are special management actions 

the EBRPD uses for the conservation of 

the California red-legged frog. The 

majority of the EBRPD land holdings are 

protected and managed as natural 

parklands, thereby providing protection 

for the physical and biological features 

essential to the conservation of the 

California red-legged frog. Conservation 

efforts including conserving, enhancing, 

and restoring rare, threatened, 

endangered, or locally important species 

of plants and animals and their habitats 

take precedence over other park 

activities if EBRPD activities are 

determined to have a significant adverse 

effect (change in any of the physical 

conditions within the area affected by a 

potential activity) on these resources 

(EBRPD 1997, pp. 1-83). As identified in 

their Master Plan, the EBRPD will 

accomplish this by using scientific 

research, field experience, and other 

proven methodologies. Populations of 

listed species will be monitored through 

periodic observations of their condition, 

size, habitat, reproduction, and 

distribution (EBRPD 1997, p. 20). 

We expect the EBRPD to provide 

substantial protection of the physical 

and biological features essential to the 

conservation of the California red-legged 

frog on EBRPD lands within unit CCS2. We expect the EBRPD to provide a 

greater level of management for the 

California red-legged frog on EBRPD 

lands than would designation of critical 

habitat on private lands. Moreover, 

inclusion of these non-Federal lands as 

critical habitat would not necessitate 

additional management and 

conservation activities over and above 

those already in place by the EBRPD. 

We do not anticipate any action on 

these lands would destroy or adversely 

modify the areas that meet the 

definition of critical habitat. Therefore, 

we do not expect that including those 

areas in the final designation will lead 

to any changes to actions on the 

conservation lands to avoid destroying 

or adversely modifying that habitat. 

Benefits of Inclusion - East Bay Regional 

Park District Lands 

Critical habitat designation will 

provide little additional benefit to the 

California red-legged frog within the 

areas owned and managed by the 

EBRPD. The principal benefit of any 

designated critical habitat is that 

federally-\ funded, permitted, or 

authorized activities that may affect 

critical habitat will require consultation 

under section 7 of the Act. Such 

consultations ensure that adequate 

protection is provided to avoid adverse 

modification or destruction of critical 

habitat. The approved EBRPD Master 

Plan covers the California red-legged 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12867 

frog and is designed to ensure the 

conservation of the species within the 

Plan area and incorporates special 

management and protection measures 

for California red-legged frog habitat 

within Plan boundaries. The adequacy 

of the EBRPD measures to protect the 

California red-legged frog and its habitat 

has undergone thorough public 

evaluation prior to approval of the Plan. 

Development and implementation of the 

EBRPD Master Plan has provided other 

important conservation benefits for the 

California red-legged frog, including the 

development of biological information 

to guide conservation efforts and assist 

in the species’ recovery within the Plan 

area. The educational benefits of 

designating critical habitat, including 

informing the public of areas that are 

important to the conservation of listed 

species, are essentially the same as 

those that have occurred during the 

public involvement process of 

reviewing and approving the EBRPD 

Master Plan. Specifically, the EBRPD 

Master Plan involved public 

participation through public notices and 

public comment periods, active 

participation of the District’s citizenbased Park Advisory Committee (PAC) 

and with extensive review and comment 

from the community prior to being 

approved. For these reasons, we believe 

that designation of critical habitat 

would provide little additional benefit 

in areas covered by the approved 

EBRPD Master Plan. Any actions that 

may affect the California red-legged frog 

will still require consultation under 

section 7 or section 10 of the Act. 

Benefits of Exclusion — East Bay 

Regional Park District Lands 

The benefits of excluding the EBRPD 

Master Plan from critical habitat 

designation include relieving 

landowners, communities, and portions 

of eastern Contra Costa County of any 

additional regulatory burden that might 

be imposed by critical habitat. Many 

such plans, particularly large regional 

plans such as this, take many years to 

develop and, upon completion, are 

consistent with the recovery objectives 

for listed species that are covered within 

the plan area. Additionally, many of 

these plans provide conservation 

benefits to unlisted sensitive species. 

Imposing an additional regulatory 

review after such as plan that 

specifically identifies measures to 

protect and conserve listed and other 

sensitive species is completed solely as 

a result of the designation of critical 

habitat may undermine conservation 

efforts and partnerships in many areas. 

In fact, it could result in the loss of 

species’ benefits if participants abandon 

currently implemented conservation 

activities. Designation of critical habitat 

within the boundaries of approved plan 

could also be viewed as a disincentive 

to those entities currently developing 

similar plans or contemplating them in 

the future. The benefits of excluding 

lands within approved plans that 

specifically benefit listed or sensitive 

species from critical habitat discussed 

above applies fully to the EBRPD Master 

Plan. A related benefit of excluding 

lands within approved plans that cover 

the California red-legged frog from the 

critical habitat designation is the 

continued ability to seek new 

partnerships with future participants, 

including States, counties, local 

jurisdictions, conservation 

organizations, and private landowners, 

which together can implement 

conservation actions that we would be 

unable to accomplish otherwise. If lands 

within approved plan areas are 

designated as critical habitat, it would 

likely have a chilling effect on our 

ability to establish new partnerships to 

develop other such plans or HCPs, 

particularly large regional plans or HCPs 

that involve numerous participants and 

address landscape level conservation of 

the California red-legged frog and its 

habitat. By excluding the lands covered 

within the EBRPD Master Plan within 

eastern Contra Costa County, we 

preserve our current partnerships and 

encourage additional conservation 

actions in the future. 

Benefits of Exclusion Outweigh the 

Benefits of Inclusion 

We believe that the regulatory benefit 

of designating critical habitat on lands 

managed and owned by the EBRPD 

would be low and may hinder the 

effective implementation of the 1997 

EBRPD Master Plan. The EBRPD Master 

Plan addresses conservation issues from 

a coordinated, integrated perspective 

and will achieve better California redlegged frog conservation than would be 

achieved through multiple site-by-site, 

project-by-project, section 7 

consultations involving consideration of 

critical habitat. The EBRPD Master Plan 

provides for the proactive monitoring 

and management of conserved lands (as 

previously described), reducing known 

threats to California red-legged frog and 

its habitat. 

Conservation and management of 

viable California red-legged frog habitat 

is essential to the survival and recovery 

of this species. Such conservation needs 

are typically not addressed through the 

action-by-action application of the 

statutory prohibition on adverse 

modification or destruction of critical 

habitat. The implementation of the 

EBRPD Master Plan provides as much or 

more conservation benefit to the species 

than a consultation for critical habitat 

designation conducted under the 

standards required by the Ninth Circuit 

in the Gifford Pinchot decision. 

Furthermore, educational benefits that 

may be derived from a critical habitat 

designation are low in this case and 

largely redundant to the educational 

benefits achieved through the 

significant public, State, and local 

government input solicited and received 

during the development of the EBRPD 

Master Plan. 

For these reasons, we believe that 

designating critical habitat has little 

benefit in areas covered by the 

identified EBRPD lands. As a result, the 

Secretary has determined to exercise his 

discretion to exclude those EBRPD 

lands totaling approximately 14,627 ac 

(5,919 ha) within Unit CCS-2 from the 

designation of critical habitat under 

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

Exclusion Will Not Result in Extinction 

of the Species 

The exclusion of East Bay Regional 

Park lands within Unit CCS-2 would not 

result in the extinction of the California 

red-legged frog. Actions that may 

adversely affect the species are expected 

to have a Federal nexus, and would thus 

undergo a consultation with the Service 

under section 7 of the Act. The jeopardy 

standard of section 7 of the Act, and 

routine implementation of conservation 

measures through the section 7 process, 

provide assurance that the species will 

not go extinct. Additionally, the species 

is protected from the take prohibitions 

under section 9 of the Act. The 

exclusion leaves these protections 

unchanged from those that would exist 

if the excluded areas were designated as 

critical habitat. 

We do not believe that this exclusion 

would result in the extinction of the 

species because: (1) The species occurs 

on lands protected and managed either 

explicitly for the species, or indirectly 

through more general objectives to 

protect natural values. This factor along 

with the other protections provided 

under the Act for these lands absent 

designating them as critical habitat, 

combined with protections afforded the 

species by the remaining critical habitat 

designation for the species, leads us to 

find that exclusion of these lands will 

not result in extinction of the California 

red-legged frog; and (2) the species is 

found in other areas and the EBRPD 

Plan provides for monitoring and 

conservation of rare, threatened, and 

endangered taxa, including the 

California red-legged frog. EBRPD has 

been actively conducting California redVerDate Nov<24>2008 16:00 Mar 16, 2010 Jkt 220001 PO 00000 Frm 00053 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2

sroberts on DSKD5P82C1PROD with RULES
12868 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

legged frog surveys and research over 

the last 15 years. Nearly 90 percent of 

the EBRPD land holdings are protected 

and managed as natural parklands, 

thereby providing protection for the 

PCEs (Bobzien 2005, pp. 1-2), and 

conservation efforts take precedence 

over other park activities if EBRPD 

activities are determined to have a 

significant adverse effect on rare, 

threatened, or endangered taxa (EBRPD 

1997, pp. 1-83). 

Spivey Pond Management Area (SPMA) 

(Unit ELD-1) 

The SPMA encompasses 54 ac (22 ha) 

of BLM-owned lands surrounding 

Spivey Pond in El Dorado County, 

California. Spivey Pond is one of five 

known extant California red-legged frog 

breeding populations in the Sierra 

Nevada foothills. In 1997, a population 

of reproducing California red-legged 

frogs was discovered in Spivey Pond on 

the north fork of Webber Creek. The 

previously confirmed sightings of a 

California red-legged frog in the Webber 

Creek watershed were in 1972 and 1975. 

At the time of discovery, the Spivey 

Pond parcel was privately owned and 

slated for timber harvest and 

subdivision development. The Service 

urged the American River Conservancy 

(ARC) to initiate negotiations with the 

owners of the Spivey Pond for purchase 

of the property. With financial 

assistance from the Service and the U.S. 

Bureau of Reclamation (USBR), ARC 

succeeded in purchasing the 54 ac (22 

ha) Spivey Pond parcel on April 28, 

1998. Additional grant funding from the 

National Fish and Wildlife Foundation 

was received on September 15, 1998, 

which allowed for initial pond 

stabilization and restoration work. 

On May 3, 1999, all preliminary 

acquisition and restoration activities 

were completed, and the parcel was 

transferred to the BLM to be managed as 

a wildlife reserve specifically for the 

benefit of the California red-legged frog. 

We issued a non-jeopardy biological 

opinion for development of a new 

breeding pond for the species (Service 

File 1-1-03-F-0289) on March 4, 2004. A 

management plan for the California redlegged frog was finalized by BLM, the 

Service, Forest Service (El Dorado 

National Forest), USBR, CDFG, ARC, El 

Dorado County, and the El Dorado 

Irrigation District in July 2004 (BLM 

2004, pp. 1-26). The Management Plan 

for the SPMA consists of six 

management objectives specifically for 

the conservation of the California redlegged frog including: (1) Control of 

bullfrogs and predatory fish; (2) 

monitoring of water quality for potential 

contaminants; (3) maintenance of the 

pond’s integrity and habitat/water 

quality; (4) creation and management of 

additional California red-legged frog 

breeding habitat; (5) promotion of 

research and maintenance of a GIS 

database; (6) and providing input for 

watershed level planning and activities 

that may benefit Spivey Pond (BLM 

2004, pp. 1-26). 

Benefits of Inclusion - Spivey Pond 

Management Area 

The approved Spivey Pond 

Management Plan covers the California 

red-legged frog and is designed to 

ensure the conservation of the species 

within the Plan area and incorporates 

special management and protection 

measures for California red-legged frog 

habitat within Plan boundaries. The 

Spivey Pond Management Plan’s 

measures to protect the California redlegged frog and its habitat underwent 

thorough evaluation by the Service and 

other stakeholders prior to approval of 

the Plan. Development and 

implementation of the Spivey Pond 

Management Plan has provided other 

important conservation benefits for the 

California red-legged frog, including the 

development of biological information 

to guide conservation efforts and assist 

in the species’ recovery within the Plan 

area. The educational benefits of 

designating critical habitat, including 

informing the public of areas that are 

important to the conservation of listed 

species, are essentially the same as 

those that have occurred during the 

public involvement process of 

designating critical habitat in 2006, and 

again within this designation in 2009. In 

addition, Federal actions that may affect 

the California red-legged frog will still 

require consultation under section 7 of 

the Act. For these reasons, we believe 

that designation of critical habitat 

would provide little additional benefit 

in areas covered by the approved Spivey 

Pond Management Plan. 

Benefits of Exclusion - Spivey Pond 

Management Area 

The benefits of excluding the Spivey 

Pond Management Plan from critical 

habitat designation include relieving the 

BLM of any additional regulatory 

burden that might be imposed by 

critical habitat. Imposing an additional 

regulatory review after such a plan that 

specifically identifies measures to 

protect and conserve the California redlegged frog is completed, solely as a 

result of the designation of critical 

habitat, may undermine the 

conservation efforts and partnerships 

developed during the development and 

implementation of this Plan. In fact, it 

could result in the loss of species’ 

benefits if participants abandon 

currently implemented conservation 

activities. Designation of critical habitat 

within the boundaries of the approved 

Plan could also be viewed as a 

disincentive to those entities currently 

developing similar plans or 

contemplating them in the future. The 

previously discussed benefits of 

excluding lands within approved plans 

that specifically benefit listed or 

sensitive species from critical habitat 

apply fully to the Spivey Pond 

Management Plan. A related benefit of 

excluding lands within approved plans 

that cover the California red-legged frog 

from the critical habitat designation is 

the continued ability to seek new 

partnerships with future participants, 

including States, counties, local 

jurisdictions, conservation 

organizations, and private landowners, 

which together can implement 

conservation actions that we would be 

unable to accomplish otherwise. If lands 

within approved plan areas are 

designated as critical habitat, it would 

likely have a chilling effect on our 

ability to establish new partnerships to 

develop other such plans or HCPs that 

involve numerous participants. By 

excluding the lands covered within the 

Spivey Pond Management Plan within 

El Dorado County, we preserve our 

current partnerships and encourage 

additional conservation actions in the 

future. 

Benefits of Exclusion Outweigh the 

Benefits of Inclusion - Spivey Pond 

Management Area (SPMA) 

We believe that the benefits of 

excluding the entire 54-ac (22-ha) SPMA 

from the designation of critical habitat 

for the California red-legged frog 

outweigh the benefits of including the 

SPMA in critical habitat. We find that 

including the SPMA would result in 

very minimal, if any, additional benefits 

to the California red-legged frog as 

explained above. The critical habitat 

designation would remain on lands 

surrounding the SPMA, thereby 

providing a measure of protection for 

the PCEs outside the area, while the 

management plan would protect the 

PCEs and provide additional benefits of 

nonnative predator control, habitat 

management and creation, and pollution 

monitoring within the Plan area. We 

have worked cooperatively with the 

BLM and other agencies and assisted in 

development of the SPMA Plan. We 

believe that utilizing the Secretary’s 

discretion in excluding the portions of 

this unit managed under the SPMA will 

encourage other willing landowners in 

the unit to continue their conservation 

activities and allow the Service to 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12869 

expand interest of other private 

landowners in the unit into 

conservation partnerships for 

conserving additional frog habitat. The 

benefits of exclusion include providing 

an incentive for continued conservation 

and restoration on private lands where 

landowners have shown a willingness to 

participate in such activities. 

Exclusion Will Not Result in Extinction 

of the Species - SPMA 

We find that the exclusion of these 

lands will not lead to the extinction of 

the species, nor hinder its recovery 

because the management emphasis of 

the SPMA is to protect and enhance 

habitat for the California red-legged frog. 

The SPMP consists of six management 

objectives specifically designed for the 

conservation of the California red-legged 

frog. Additionally, the jeopardy 

standard of section 7 of the Act and 

routine implementation of conservation 

measures through the section 7 process 

also provide assurances that the species 

will not go extinct as a result of this 

exclusion. As a result of ongoing 

management and protection of 

California red-legged frogs and their 

habitat at Spivey Pond through the 

development and implementation of the 

2004 Management Plan for the Spivey 

Pond Management Area, the Secretary 

has determined to exercise his 

discretion to exclude the entire 54 ac 

(22 ha) of land owned by the Bureau of 

Land Management from Unit ELD-1 at 

Spivey Pond from critical habitat under 

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

Hearst Ranch Conservation Easement 

The Hearst Ranch Conservation 

Easement (Easement), held by the 

California Rangeland Trust, 

encompasses 81,000 ac (33,000 ha) of 

privately owned lands near the town of 

San Simeon in northern San Luis 

Obispo County of which 34,777 ac 

(14,074 ha) occur within Unit SLO-2. 

The Easement was signed on February 

18, 2005, and the Hearst Ranch San 

Simeon Conservation Easement 

Management Plan (Plan) was put into 

place on February 17, 2006. The 

Easement and Plan provide protective 

measures for California red-legged frogs, 

which occur in several drainages within 

the boundaries of the Easement. The 

Easement and Plan also include: (1) 

Protective measures for the diverse 

communities and habitats, including 

wetlands, marshes, riparian areas, 

grasslands, and stock ponds, that 

collectively constitute California redlegged frog habitat; and (2) connectivity 

both within the boundaries of the 

Easement and connectivity to other 

open spaces surrounding the Easement, 

which is important for California redlegged frog dispersal. The Easement 

allows for grazing, farming, and 

development to occur in some areas. 

Future development is limited to an inn 

at Old San Simeon Village, limited 

employee housing, and a maximum of 

27 new owner homesites. However, the 

Plan provides management directives 

that protect California red-legged frogs 

and their habitat including: maintaining 

cross fencing and livestock water 

systems to achieve good cattle 

distribution and to keep cattle from 

damaging riparian areas; locating salt 

blocks at least 0.25 mi (0.4 km) from 

water sources to encourage good cattle 

distribution and prevent salt from 

entering riparian areas; preventing 

overgrazing by establishing limits on 

residual dry matter; maintaining a 

residual dry matter cushion during 

drought conditions by reducing the size 

of the cattle herd or using a 

supplemental forage mix; selecting 

homesite locations to avoid impacts to 

conservation values, including 

California red-legged frogs and their 

habitat; and in farmed areas, 

mechanically managing weeds, 

preventing all irrigation water from 

entering flowing water courses and 

ponds, and mandating setbacks to buffer 

riparian areas from farming operations. 

Monitoring is conducted to ensure that 

the Plan continually provides sufficient 

protection of the Easement conservation 

values. Monitoring that provides 

information about the status of 

California red-legged frog habitat 

includes: annual photo point 

monitoring of Pico Creek, Little Pico 

Creek, Arroyo Laguna, San Carpoforo 

Creek, representative stock ponds, and 

representative wetland plant 

communities; annual residual dry 

matter monitoring; proper stream 

function evaluations of Pico Creek, 

Little Pico Creek, Arroyo Laguna, 

Arroyo de la Cruz, and San Carpoforo 

Creek every 5 years; and rangeland and 

habitat health evaluations every 5 years. 

Monitoring results are summarized and 

made available to the public by the 

California Rangeland Trust. If drainages 

show impairment 

due to the operations of the ranch, 

corrective actions will be taken and 

may include: deferred grazing; 

changing the seasonality or length of 

grazing; reducing cattle grazing 

numbers near stream corridors; 

changing rotational grazing patterns; 

installing additional riparian pasture 

fencing; installing additional offstream water troughs; placing salt and 

supplements farther away from 

impacted areas; removing noxious 

plants within the riparian area; 

installing additional erosion control 

structures; and/or instituting greater 

cropland setbacks from stream 

corridors. At least once every 5 years, 

the property is audited by a 

committee consisting of the Director 

of the California Rangeland Trust, the 

Executive Director of the Wildlife 

Conservation Board (a board under 

the California Department of Fish and 

Game with the authority and funding 

to conduct wildlife conservation 

programs and acquisitions), and a 

Certified Range Manager, for 

compliance with the Conservation 

Easement. 

Based on the reasoning below, the 

Secretary has determined to exercise his 

discretion to exclude approximately 

34,777 ac (14,074 ha) of land from Unit 

SLO-2 in San Luis Obispo County under 

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

Benefits of Inclusion – Hearst Ranch 

One 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 

destruction or adverse modification of 

designated critical habitat, which is one 

of the regulatory standards under which 

consultation is completed. Unlike a 

jeopardy analysis, which looks at an 

action’s impact on survival and recovery 

of the species, an adverse modification 

analysis looks at the action’s effects on 

the designated habitat’s contribution to 

the species’ conservation. If, through 

consultation, the Service determines 

that a project may result in adverse 

modification, the Service will suggest 

reasonable and prudent alternatives that 

can be taken by the Federal agency or 

applicant to avoid adversely modifying 

the designated critical habitat while 

implementing the proposed action. 

Consultations that conclude that a 

proposed action is not likely to result in 

adverse modification may recommend 

additional conservation measures, but 

such measures would be discretionary 

on the part of the Federal agency. 

Another benefit of including lands in 

a critical habitat designation is the 

designation can serve to educate the 

public regarding the potential 

conservation value of an area, and may 

help focus conservation efforts to 

designated areas of high conservation 

value for certain species. The process of 

proposing and finalizing the revised 

critical habitat rule provided the Service 

with the opportunity to evaluate and 

refine the features essential to the 

conservation of the species within the 

geographical area occupied by it at the 

time of listing, as well as to evaluate 


sroberts on DSKD5P82C1PROD with RULES
12870 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

whether there are other areas essential 

for the conservation of the species. The 

designation process included peer 

review and public comment on the 

identified features and areas. This 

process is valuable to landowners and 

managers in developing conservation 

management plans for identified areas, 

as well as any other occupied habitat or 

suitable habitat that may not have been 

included in the Service’s determination 

of essential habitat. However, the 

educational benefits of designating 

lands within the Hearst Ranch 

Conservation Easement are small 

because, as discussed above, Hearst 

Ranch is aware of the value of its lands 

to the conservation of the California redlegged frog, and currently implements 

management measures to conserve 

California red-legged frogs and their 

habitat. Further, much of Hearst Ranch 

was included in the proposed 

designation, which itself reached a wide 

audience. The educational benefits that 

might follow critical habitat designation 

(such as providing information to Hearst 

Ranch managers on areas important to 

the long-term conservation of this 

species) were already provided by: (1) 

Developing the Easement and Plan, (2) 

the original designation process in 2001 

(66 FR 14626), and (3) publication of the 

revised critical habitat designation in 

2006 (71 FR 19244). 

In light of the continued commitment 

by Hearst Ranch to manage their lands 

in a manner that promotes conservation 

of the California red-legged frog and 

because monitoring is conducted and 

reviewed by a third party to ensure the 

Easement and Plan are being complied 

with, we believe designation of 

Easement lands within Unit SLO-2 as 

critical habitat would provide few, if 

any, additional regulatory and 

conservation benefits to the species. 

Benefits of Exclusion – Hearst Ranch 

The benefits of excluding 

approximately 34,777 ac (14,074 ha) of 

Hearst Ranch Easement lands are 

significant. Benefits include relieving 

landowners from any additional 

regulatory burden that might be 

imposed by a critical habitat 

designation. The Easement took years to 

develop in cooperation with several 

State agencies and non-governmental 

organizations, and is consistent with 

conservation objectives for California 

red-legged frogs. Furthermore, the 

Easement and Plan provide 

conservation benefits for unlisted 

sensitive species. Imposing additional 

regulatory review as a result of the 

designation may undermine 

conservation efforts and partnerships 

that would otherwise benefit the 

California red-legged frog as well as 

other species. Designation of critical 

habitat within the boundaries of a 

conservation easement that provides 

conservation measures for a species 

could be viewed as a disincentive to 

those entities currently developing these 

plans or contemplating them in the 

future, because one of the incentives for 

undertaking conservation is greater ease 

of permitting where listed species are 

affected. Excluding Easement lands will 

also preserve a partnership between the 

Service and Hearst Ranch, which may 

encourage other conservation 

partnerships between our two entities in 

the future. 

Benefits of Exclusion Outweigh Benefits 

of Inclusion – Hearst Ranch 

As discussed in the ‘‘Benefits of 

Inclusion – Hearst Ranch’’ section 

above, we believe the regulatory benefit 

of designating critical habitat on lands 

covered by the Hearst Ranch 

Conservation Easement and Plan would 

be low. The Easement and Plan address 

conservation issues from a coordinated, 

integrated perspective rather than a 

piecemeal project-by-project approach 

and will achieve more California redlegged frog conservation than we would 

achieve through multiple site-by-site, 

project-by-project, section 7 

consultations involving consideration of 

critical habitat. We believe the 

conservation benefits for California redlegged frogs that would occur as a result 

of designating those 34,777 ac (14,074 

ha) in Unit SLO-2 as critical habitat 

(e.g., protection afforded through the 

section 7(a)(2) consultation process) is 

minimal compared to the overall 

conservation benefits for the species 

that will be realized through the Hearst 

Ranch Conservation Easement and Plan. 

Furthermore, the educational benefits 

of critical habitat designation, including 

informing the public of areas important 

for the long-term conservation of the 

species, are accomplished from material 

provided on our website and through 

notices of public comment periods 

associated with the original California 

red-legged frog critical habitat rule (66 

FR 14626), the first revised critical 

habitat rule (71 FR 19244), and the 

development of the Easement and Plan. 

Further, many educational benefits of 

critical habitat designation will be 

achieved through the overall 

designation, and will occur whether or 

not this particular location is 

designated. For these reasons, we 

believe that designating critical habitat 

has little benefit in areas covered by the 

Hearst Ranch Easement and Plan. 

The exclusion of the Hearst Ranch 

lands from California red-legged frog 

critical habitat will help preserve the 

partnerships that we developed with 

Hearst Ranch. It may also help 

encourage new partnerships with other 

landowners and jurisdictions. These 

partnerships are critical for the 

conservation of California red-legged 

frogs. 

We reviewed and evaluated the 

exclusion of 34,777 ac (14,074 ha) of 

private lands within the Hearst Ranch 

Easement area from the final revised 

critical habitat designation for the 

California red-legged frog and 

determined that the benefits of 

excluding these lands in Unit SLO-2 

outweigh the benefits of including them. 

As discussed above, the Easement and 

Plan will provide for preservation and 

management of habitat for and features 

essential to the conservation of the 

species. 

Exclusion Will Not Result in Extinction 

of the Species – Hearst Ranch 

We do not believe that this exclusion 

would result in the extinction of the 

species because the Hearst Ranch 

Conservation Easement and Plan 

provides for conservation of the species 

in this area through the detailed 

management practices and monitoring 

described above. 

Special Rule Under Section 4(d) of the 

Act 

In the April 13, 2006, Federal 

Register (71 FR 19244), we finalized a 

special rule for the California red-legged 

frog as defined under section 4(d) of the 

Act to ease the general take prohibitions 

for routine ranching activities by nonFederal entities on private and tribal 

lands. Under section 4(d) of the Act, the 

Secretary may publish a special rule 

that modifies the standard protections 

for threatened species under the 

Service’s regulations implementing 

section 9 of the Act at 50 CFR 17.31 

with special measures tailored to the 

conservation of the species that are 

determined to be necessary and 

advisable. We reviewed the special rule 

at 50 CFR 17.43(d), and we determined 

that the special rule is appropriate and 

will remain in place for the California 

red-legged frog. For more information 

on the ‘‘Special Rule Under Section 4(d) 

for Routine Livestock Ranching 

Activities’’ see the April 13, 2006, 

Federal Register (71 FR 19244). 

Required Determinations 

Regulatory Planning and Review – 

Executive Order 12866 

The Office of Management and Budget 

(OMB) has determined that this rule is 

not significant under E.O. 12866. OMB 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12871 

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 

(5 U.S.C. 601 et seq.), as amended by the 

Small Business Regulatory Enforcement 

Fairness Act (5 U.S.C. 802(2)), whenever 

an agency is required to publish a notice 

of rulemaking for any proposed or final 

rule, it must prepare and make available 

for public comment a regulatory 

flexibility analysis that describes the 

effect of the rule on small entities (i.e., 

small businesses, small organizations, 

and small government jurisdictions). 

However, no regulatory flexibility 

analysis is required if the head of an 

agency certifies the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

The Small Business Regulatory 

Enforcement Fairness Act amended the 

Regulatory Flexibility Act 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 the 

California red-legged frog 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 designation as well as types of 

project modifications that may result. In 

general, the term significant economic 

impact is meant to apply to a typical 

small business firm’s business 

operations. 

To determine if the revised 

designation of critical habitat for the 

California red-legged frog would affect a 

substantial number of small entities, we 

considered 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 or 

category to determine if certification is 

appropriate. In estimating the numbers 

of small entities potentially affected, we 

also considered whether their activities 

have any Federal involvement; some 

kinds of activities are unlikely to have 

any Federal involvement and thus will 

not be affected by the designation of 

critical habitat. 

Designation of critical habitat only 

affects activities conducted, funded, 

permitted, or authorized by Federal 

agencies; non-Federal activities are not 

affected by the designation. In areas 

where the species is present, Federal 

agencies already are required to consult 

with us under section 7 of the Act on 

activities they fund, permit, or 

implement that may affect the California 

red-legged frog (see Section 7 

Consultation section). 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) 

In the DEA of the proposed revision 

of critical habitat, we evaluated the 

potential economic effects on small 

business entities resulting from 

conservation actions related to the 

proposed revision of critical habitat for 

the California red-legged frog. The 

analysis is based on the estimated 

incremental impacts associated with the 

rulemaking as described in section 2 of 

the analysis. In the FEA, we evaluated 

the potential economic effects on small 

business entities resulting from 

implementation of conservation actions 

related to the proposed revision to 

critical habitat for the California redlegged frog. The economic analysis 

identifies the estimated incremental 

impacts associated with the proposed 

rulemaking as described in chapters 4 

through 12, and evaluates the potential 

for economic impacts related to activity 

categories including: urban 

development; water management; 

agricultural crop farming; grazing and 

ranching; timber harvest activities; 

transportation; utility and oil and gas 

pipeline construction and maintenance 

and mining activities; fire management 

activities; and habitat and vegetation 

management activities. The analysis 

concludes that incremental impacts to 

development and agriculture may affect 

small entities. However, for urban 

development, less than 1 percent (0.04) 

(19 out of 46,240) of small developers 

are anticipated to be impacted in the 

next 22 years. Similarly, for agriculture, 

only 1.6 percent (198 out of 12,060) of 

small farms are expected to be affected. 

Please refer to our final economic 

analysis of critical habitat designation 

for the California red-legged frog for a 

more detailed discussion of potential 

economic impacts. 

In summary, we considered whether 

the final rule to revise critical habitat 

would result in a significant economic 

impact on a substantial number of small 

entities. For the above reasons and 

based on currently available 

information, we certify that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities. Therefore, a regulatory 

flexibility analysis is not required. 

Energy Supply, Distribution, or Use – 

Executive Order 13211 

E.O. 13211 requires agencies to 

prepare Statements of Energy Effects 

when undertaking certain actions. This 

revision to critical habitat for the 

California red-legged frog is not 

considered a significant regulatory 

action under E.O. 12866. OMB has 

provided guidance for implementing 

E.O. 13211 that outlines nine outcomes 

that may constitute ‘‘a significant 

adverse effect’’ when compared without 

the regulatory action under 

consideration. The economic analysis 

finds that none of these criteria are 

relevant to this designation of critical 

habitat. Thus, based on information in 

the economic analysis (Appendix A), 

energy-related impacts associated with 

California red-legged frog conservation 

activities within the areas included in 

this final designation of critical habitat 

are not expected. As such, this final 

designation of revised critical habitat is 

not expected to significantly affect 

energy supplies, distribution, or use, 


sroberts on DSKD5P82C1PROD with RULES
12872 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

and a Statement of Energy Effects is not 

required. 

Unfunded Mandates Reform Act (2 

U.S.C. 1501 et seq.) 

In accordance with the Unfunded 

Mandates Reform Act, the Service 

makes 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 who receive Federal 

funding, assistance, permits, or 

otherwise require approval or 

authorization from a Federal agency for 

an action, may be indirectly impacted 

by the designation of critical habitat, 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) We do not believe that this rule 

will 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. Small governments will be affected 

only to the extent that any programs 

having Federal funds, permits, or other 

authorized activities must ensure that 

their actions will not adversely affect 

the critical habitat. Therefore, a Small 

Government Agency Plan is not 

required. 

Takings—Executive Order 12630 

In accordance with Executive Order 

(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 the California red-legged frog 

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 final designation of revised critical 

habitat for California red-legged frog 

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), the final 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. During the public comment 

periods, we contacted appropriate State 

and local agencies and jurisdictions, 

and invited them to comment on the 

proposed revised critical habitat 

designation for the California red-legged 

frog. We used the comments we 

received to help us refine this final 

designation. We received one comment 

letter from the State of California, 

Military Department Office of the 

Adjutant General (see ‘‘Summary of 

Comments and Recommendations’’ 

section). The designation may have 

some benefit to these governments in 

that the areas that contain the features 

essential to the conservation of the 

species are more clearly defined, and 

the primary constituent elements of the 

habitat essential 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 local 

governments in long-range planning 

(rather than having them wait for caseby-case section 7 consultations to 

occur). 

Civil Justice Reform – Executive Order 

12988 

In accordance with E.O. 12988 (Civil 

Justice Reform), it has been determined 

that the rule does not unduly burden the 

judicial system and meets the 

requirements of sections 3(a) and 3(b)(2) 

of the Order. We are revising critical 

habitat in accordance with the 

provisions of the Act. This final rule 

uses standard property descriptions and 

identifies the primary constituent 

elements within the designated areas to 

assist the public in understanding the 

habitat needs of the California redlegged frog. 

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. 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. 

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 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12873 

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. 

As a result of changing the extent of 

Unit MEN-1 in Mendocino County, the 

proposed revised critical habitat 

designation contained approximately 92 

ac (37 ha) of Tribal land. We contacted 

the Bureau of Indian Affairs and the 

Manchester Point Arena Band of Pomo 

Indians regarding our proposed revision 

of critical habitat (Service File 81420- 

2009-TA-0751). As of the date of this 

notice, we have not received any 

concerns from or been contacted by the 

Bureau of Indian Affairs or the 

Manchester Point Arena Band of Pomo 

Indians regarding the designation of 

critical habitat on the tribal lands 

identified in Unit MEN-1. Therefore, we 

have designated the tribal lands within 

Unit MEN-1 as critical habitat for the 

California red-legged frog. 

National Environmental Policy Act 

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

It is our position that, outside the 

jurisdiction of the Circuit Court of the 

United States for the Tenth Circuit, we 

do not need to prepare environmental 

analyses as defined by NEPA 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 

assertion was upheld by the Circuit 

Court of the United States for the Ninth 

Circuit (Douglas County v. Babbitt, 48 

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

516 U.S. 1042 (1996)). 

References Cited 

A complete list of all references cited 

in this rulemaking is available on http:// 

www.regulations.gov and upon request 

from the Field Supervisor, Sacramento 

Fish and Wildlife Office (see FOR

FURTHER INFORMATION CONTACT section). 

Author(s) 

The primary authors of this notice are 

staff from the Sacramento, Ventura, 

Arcata, and Carlsbad Fish and Wildlife 

Offices (see FOR FURTHER INFORMATION

CONTACT section). 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Regulation Promulgation 

■ Accordingly, we amend part 17, 

subchapter B of chapter I, title 50 of the 

Code of Federal Regulations, as set forth 

below: 

PART 17—[AMENDED] 

1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 

1531-1544; 16 U.S.C. 4201-4245; Pub. L. 99- 

625, 100 Stat. 3500; unless otherwise noted. 

■ 2. In § 17.11(h), revise the entry for 

‘‘Frog, California red-legged,’’ under 

‘‘AMPHIBIANS,’’ to read as follows: 

§ 17.11 Endangered and threatened 

wildlife. 

* * * * * 

(h) * * * 

Species 

Historic range 

Vertebrate 

population 

where 

endangered or 

threatened 

Status When listed Critical habitat Special rules 

Common name Scientific name 

* * * * * * * 

AMPHIBIANS 

* * * * * * * 

Frog, California 

red-legged 

Rana draytonii U.S.A. (CA), 

Mexico 

Entire T 583 17.95(d) 17.43 

* * * * * * * 

■ 3. In § 17.95(d), revise the entry for 

‘‘California Red-legged Frog (Rana 

aurora draytonii)’’ to read as follows: 

§ 17.95 Critical Habitat—Fish and Wildlife. 

* * * * * 

(d) Amphibians. 

* * * * * 

California Red-legged Frog (Rana 

draytonii) 

(1) Critical habitat units are depicted 

for Alameda, Butte, Calaveras, Contra 

Costa, El Dorado, Kern, Kings, Los 

Angeles, Marin, Mendocino, Merced, 

Monterey, Napa, Nevada, Placer, 

Riverside, San Benito, San Joaquin, San 

Luis Obispo, San Mateo, Santa Barbara, 

Santa Clara, Santa Cruz, Solano, 

Sonoma, Stanislaus, Ventura, and Yuba 

Counties, California, on the maps below. 

(2) Within these areas, the primary 

constituent elements for the California 

red-legged frog consist of four 

components: 

(i) Aquatic Breeding Habitat. Standing 

bodies of fresh water (with salinities 

less than 4.5 ppt), including natural and 

manmade (e.g., stock) ponds, slowmoving streams or pools within streams, 

and other ephemeral or permanent 

water bodies that typically become 

inundated during winter rains and hold 

water for a minimum of 20 weeks in all 

but the driest of years. 

(ii) Aquatic Non-Breeding Habitat. 

Freshwater pond and stream habitats, as 

described in paragraph (2)(i) of this 

entry, that may not hold water long 

enough for the species to complete its 

aquatic life cycle but which provide for 

shelter, foraging, predator avoidance, 

and aquatic dispersal of juvenile and 

adult California red-legged frogs. Other 

wetland habitats considered to meet 

these criteria include, but are not 

limited to: plunge pools within 

intermittent creeks, seeps, quiet water 

refugia within streams during high 

water flows, and springs of sufficient 

flow to withstand short-term dry 

periods. 

(iii) Upland Habitat. Upland areas 

adjacent to or surrounding breeding and 

non-breeding aquatic and riparian 

habitat up to a distance of 1 mi (1.6 km) 

in most cases (i.e., depending on 

surrounding landscape and dispersal 

barriers) including various vegetational 


sroberts on DSKD5P82C1PROD with RULES
12874 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

series such as grassland, woodland, 

forest, wetland, or riparian areas that 

provide shelter, forage, and predator 

avoidance for the California red-legged 

frog. Upland habitat should include 

structural features such as boulders, 

rocks and organic debris (e.g., downed 

trees, logs), small mammal burrows, or 

moist leaf litter. Upland features are also 

essential in that they are needed to 

maintain the hydrologic, geographic, 

topographic, ecological, and edaphic 

features that support and surround the 

aquatic, wetland, or riparian habitat. 

These upland features contribute to: 

(A) Filling of aquatic, wetland, or 

riparian habitats; 

(B) Maintaining suitable periods of 

pool inundation for larval frogs and 

their food sources; and 

(C) Providing non-breeding, feeding, 

and sheltering habitat for juvenile and 

adult frogs (e.g., shelter, shade, 

moisture, cooler temperatures, a prey 

base, foraging opportunities, and areas 

for predator avoidance). 

(iv) Dispersal Habitat. Accessible 

upland or riparian habitat within and 

between occupied locations within a 

minimum of 1 mi (1.6 km) of each other 

and that support movement between 

such sites. Dispersal habitat includes 

various natural habitats, and altered 

habitats such as agricultural fields, that 

do not contain barriers (e.g., heavily 

traveled roads without bridges or 

culverts) to dispersal. Dispersal habitat 

does not include moderate- to highdensity urban or industrial 

developments with large expanses of 

asphalt or concrete, nor does it include 

large lakes or reservoirs over 50 ac (20 

ha) in size, or other areas that do not 

contain those features identified in 

paragraphs (2)(i), (2)(ii), and (2)(iii) of 

this entry as essential to the 

conservation of the species. 

(3) Critical habitat does not include 

manmade structures existing on the 

effective date of this rule and not 

containing one or more of the primary 

constituent elements, 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 

on a base of USGS 7.5′ quadrangles 

using USDA National Agricultural 

Imagery Program (NAIP) county-wide 

MrSID compressed mosaics of 1 meter 

resolution and natural color aerial 

photography from summer 2005. 

Critical habitat units were then mapped 

using Universal Transverse Mercator 

(UTM) zone 10 and zone 11, North 

American Datum (NAD) 1983 

coordinates. 

(5) Note: Index map for California redlegged frog critical habitat units in 

northern California follows: 

BILLING CODE 4310–55–S 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12875 


sroberts on DSKD5P82C1PROD with RULESER17MR10.000</GPH>
12876 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

(6) Note: Index map for California redlegged frog critical habitat units in 

southern California follows: 


sroberts on DSKD5P82C1PROD with RULESER17MR10.001</GPH>
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12877 

(7) Unit BUT-1: Butte County, 

California. From USGS 1:24,000 scale 

quadrangles Pulga, Berry Creek and 

Brush Creek. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 635284, 4400926; 635453, 

4400907; 635539, 4400870; 635603, 

4400930; 635726, 4400934; 635749, 

4400994; 635820, 4401042; 635906, 

4401042; 635992, 4400997; 636377, 

4401020; 636414, 4401012; 636415, 

4400967; 636836, 4400961; 636840, 

4400584; 636819, 4400561; 636032, 

4400541; 636000, 4400474; 635993, 

4400141; 637654, 4400205; 637658, 

4400775; 637782, 4400748; 637961, 

4400640; 638164, 4400598; 638444, 

4400303; 639062, 4400378; 639174, 

4400326; 639318, 4400212; 639414, 

4400098; 639616, 4400002; 639664, 

4399875; 639667, 4399772; 639609, 

4399578; 639492, 4399337; 639498, 

4399218; 639397, 4398995; 639477, 

4398627; 639628, 4398345; 640086, 

4398179; 640120, 4398056; 640189, 

4397932; 640243, 4397727; 640310, 

4397601; 640281, 4397365; 640293, 

4397311; 640545, 4397124; 640596, 

4397057; 640533, 4396958; 639179, 

4396957; 639206, 4395692; 639231, 

4395681; 639236, 4395406; 637864, 

4395379; 637968, 4395351; 637962, 

4395169; 637764, 4395285; 637655, 

4395303; 637710, 4395306; 637686, 

4395325; 637232, 4395428; 637143, 

4395417; 636893, 4395251; 636845, 

4395236; 636813, 4395252; 636787, 

4395300; 636787, 4395375; 636949, 

4395589; 636995, 4395733; 637000, 

4396105; 636934, 4396262; 636952, 

4396314; 636898, 4396328; 636885, 

4396372; 636786, 4396417; 636724, 

4396549; 636677, 4396526; 636439, 

4396726; 636424, 4396791; 636347, 

4396812; 636254, 4396975; 636152, 

4397085; 636057, 4397151; 635947, 

4397190; 635885, 4397279; 635630, 

4397454; 635579, 4397526; 635070, 

4397817; 634758, 4397876; 634647, 

4397940; 634514, 4397948; 634391, 

4398277; 634290, 4398434; 634290, 

4398815; 634318, 4398953; 635222, 

4398966; 635190, 4399731; 634716, 

4399737; 634701, 4399998; 634738, 

4400050; 634701, 4400050; 634614, 

4400166; 634510, 4400417; 634517, 

4400544; 634570, 4400623; 634618, 

4400645; 634629, 4400803; 634730, 

4400889; 634843, 4401080; 634817, 

4401226; 634899, 4401218; 635086, 

4401053; 635180, 4401035; returning to 

635284, 4400926. 

(ii) Note: Map of Unit BUT-1 for the 

California red-legged frog follows: 


sroberts on DSKD5P82C1PROD with RULES
12878 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 


sroberts on DSKD5P82C1PROD with RULESER17MR10.002</GPH>
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12879 

(8) Unit YUB-1: Yuba County, 

California. From USGS 1:24,000 scale 

quadrangle Challenge. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 

656776,4370030; 656932,4369825; 

657462,4368370; 657481,4367769; 

657672,4367445; 658105,4367098; 

658503,4366871; 658905,4366554; 

659124,4366290; 659222,4366053; 

659528,4365883; 659624,4365706; 

659383,4365704; 659384,4365583; 

659340,4365600; 659261,4365537; 

659101,4365527; 659061,4365567; 

658998,4365584; 658985,4365687; 

658888,4365790; 658764,4365830; 

658726,4365936; 658579,4365929; 

658490,4365853; 658400,4365837; 

658396,4365782; 658421,4365733; 

658465,4365719; 658581,4365826; 

658634,4365834; 658674,4365736; 

658794,4365641; 658794,4365469; 

658552,4365295; 658524,4365193; 

658427,4365180; 658431,4365157; 

658564,4365144; 658659,4365199; 

658707,4365123; 658730,4365136; 

658747,4365240; 658809,4365247; 

658850,4365176; 658882,4365226; 

658947,4365220; 658998,4365252; 

659078,4365182; 659147,4365239; 

659181,4365235; 659238,4365207; 

659273,4365132; 659332,4365140; 

659368,4365118; 659105,4365028; 

659020,4364875; 658939,4364572; 

658531,4364168; 658410,4364131; 

657788,4364103; 657792,4363648; 

658106,4363673; 657655,4363358; 

657395,4363049; 657087,4362405; 

656227,4362436; 656051,4362735; 

655683,4362963; 655558,4363109; 

655202,4363849; 655669,4364315; 

655690,4364586; 655218,4365202; 

655027,4365526; 654779,4365758; 

654445,4365837; 654319,4366013; 

654187,4366370; 654149,4366639; 

653990,4366874; 653952,4367143; 

653883,4367381; 653710,4367531; 

653696,4367950; 653744,4368109; 

653740,4369028; 653836,4369294; 

653990,4369404; 654143,4369566; 

654687,4369794; 655104,4369939; 

655245,4369920; 655453,4369987; 

655896,4370242; 656198,4370221; 

656470,4370170; returning to 

656776,4370030. 

(ii) Note: Map of Unit YUB-1 and 

NEV-1 for the California red-legged frog 

follows: 


sroberts on DSKD5P82C1PROD with RULES
12880 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 


sroberts on DSKD5P82C1PROD with RULESER17MR10.003</GPH>
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12881 

(9) Unit NEV-1: Nevada County, 

California. From USGS 1:24,000 scale 

quadrangle Nevada City and North 

Bloomfield. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 676906,4356394; 

676962,4356305; 677130,4356317; 

677131,4356238; 677181,4356231; 

677306,4356068; 677485,4355987; 

677670,4355985; 677882,4356056; 

678051,4356296; 678231,4356310; 

678224,4356187; 678277,4355825; 

678274,4355759; 678217,4355664; 

678229,4355623; 678444,4355409; 

678448,4355341; 678354,4355125; 

678356,4355083; 678510,4354644; 

678540,4354482; 678642,4354231; 

678650,4353980; 678734,4353879; 

678852,4353796; 679227,4353902; 

679563,4353782; 680349,4353649; 

680352,4353517; 679422,4352362; 

679148,4352080; 677270,4350680; 

677199,4350636; 676807,4350614; 

676812,4350531; 676440,4350485; 

676117,4350571; 675995,4350556; 

675686,4350459; 675457,4350453; 

675325,4350412; 675325,4350616; 

675293,4350711; 675206,4350862; 

675166,4350990; 675063,4351133; 

674920,4351180; 674673,4351196; 

672710,4351546; 672074,4351586; 

671684,4351705; 671438,4351872; 

670969,4352039; 670738,4352158; 

670668,4352774; 670633,4354099; 

670847,4354102; 670960,4354053; 

671174,4353907; 671435,4353852; 

671437,4353664; 672180,4353672; 

672287,4353562; 672450,4353566; 

672716,4353754; 672817,4353800; 

672938,4353818; 672900,4353937; 

673158,4353946; 673148,4354137; 

672855,4354130; 672783,4354295; 

672757,4354434; 672842,4354522; 

672941,4354578; 673021,4354593; 

673117,4354665; 673119,4354745; 

673191,4354837; 673253,4355088; 

673175,4355379; 673188,4355465; 

673283,4355581; 673402,4355344; 

673616,4355327; 673903,4355380; 

674072,4355387; 674378,4355543; 

674440,4355612; 674698,4355703; 

674907,4355945; 675027,4355928; 

675092,4355868; 675414,4355681; 

675647,4355612; 675763,4355477; 

675773,4355263; 675827,4355213; 

676036,4355164; 676143,4355418; 

676255,4355555; 676269,4355603; 

676400,4355681; 676445,4355779; 

676405,4355981; 676456,4356381; 

676693,4356744; 676751,4356738; 

returning to 676906,4356394. 

(ii) Note: Unit NEV-1 for California 

red-legged frog is depicted on the map 

in paragraph (8)(ii) of this entry. 

(10) Unit PLA-1: Placer County, 

California. From USGS 1:24,000 scale 

quadrangles Forest Hill and Michigan 

Bluff. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 696102,4324325; 

696269,4324238; 696581,4324246; 

696792,4324349; 696895,4324349; 

697034,4324294; 697148,4324059; 

697227,4323980; 697317,4323673; 

697571,4323570; 697601,4323365; 

697577,4323190; 697456,4322900; 

697239,4322683; 696979,4322484; 

696678,4322393; 696303,4322242; 

695802,4322441; 695501,4322665; 

695350,4322846; 695229,4322942; 

695006,4323045; 694933,4323220; 

694909,4323498; 694849,4323636; 

694740,4323745; 694233,4323817; 

694197,4323884; 694209,4324180; 

694577,4324391; 694831,4324626; 

695096,4324795; 695374,4324837; 

695615,4324825; 695748,4324795; 

695881,4324708; 695908,4324628; 

695996,4324611; 696033,4324574; 

returning to: 696102,4324325. 

Excluding: 695636,4324153; 

695563,4324116; 695471,4324147; 

695380,4324137; 695482,4323950; 

695575,4323941; 695636,4323824; 

695782,4323867; 695815,4323840; 

695885,4323710; 695875,4323548; 

695757,4323455; 695789,4323364; 

695821,4323355; 695847,4323389; 

695974,4323437; 695975,4323571; 

696121,4323615; 696178,4323884; 

696037,4323867; 695941,4323923; 

695775,4324220; returning to 

695636,4324153. 

(ii) Note: Map of Unit PLA-1 for the 

California red-legged frog follows: 


sroberts on DSKD5P82C1PROD with RULES
12882 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 


sroberts on DSKD5P82C1PROD with RULESER17MR10.004</GPH>
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12883 

(11) Unit ELD-1: El Dorado County, 

California. From USGS 1:24,000 scale 

quadrangles Camino, Pollock Pines and 

Sly Park. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 712042,4292979; 

712243,4292856; 712419,4292796; 

712540,4292683; 712511,4292523; 

712319,4292151; 712259,4292082; 

711866,4291905; 711680,4291585; 

711650,4291319; 711576,4291195; 

711182,4290958; 710956,4290705; 

710718,4290490; 710400,4290528; 

710054,4290648; 709815,4290648; 

709523,4290568; 708926,4289838; 

708873,4289705; 708661,4289533; 

708515,4289347; 708143,4289015; 

707771,4289015; 707493,4288896; 

707400,4288789; 707161,4288617; 

707148,4288404; 706922,4288245; 

706715,4288156; 706471,4288294; 

706007,4288251; 705507,4288398; 

705231,4288234; 704826,4288214; 

704683,4288368; 704536,4288381; 

704329,4288707; 704126,4288577; 

703960,4288838; 703439,4288864; 

702684,4289323; 702371,4289290; 

702165,4289393; 702324,4289643; 

702406,4289714; 702744,4289897; 

702829,4289991; 703050,4290362; 

703106,4290570; 703147,4290632; 

703210,4290691; 703248,4290770; 

703486,4290934; 704423,4290921; 

704732,4291034; 704878,4291038; 

704899,4290959; 705129,4290959; 

705154,4290925; 705217,4290699; 

705221,4290478; 705267,4290369; 

705355,4290336; 705497,4290340; 

705522,4290361; 705522,4290423; 

705493,4290545; 705522,4290574; 

705761,4290578; 705798,4290616; 

705811,4290733; 705911,4290733; 

706007,4290942; 706112,4291025; 

706162,4291113; 706262,4291122; 

706379,4291172; 706634,4291402; 

706902,4291506; 707291,4291531; 

707379,4291577; 707659,4291644; 

708236,4291933; 708554,4292134; 

708989,4292267; 709302,4292489; 

709674,4292706; 709766,4292736; 

709775,4292665; 709816,4292639; 

710126,4292920; 710327,4293012; 

711141,4293016; 711258,4292972; 

711367,4292964; 711830,4293033; 

returning to 712042,4292979. 

Excluding: 708426, 4291544; 

708412,4291176; 709003,4291194; 

709025,4291561; returning to 

708426,4291544. 

(ii) Note: Map of Unit ELD-1 for the 

California red-legged frog follows: 


sroberts on DSKD5P82C1PROD with RULES
12884 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 


sroberts on DSKD5P82C1PROD with RULESER17MR10.005</GPH>
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12885 

(12) Unit CAL-1: Calaveras County, 

California. From USGS 1:24,000 scale 

quadrangles Jackson, Valley Springs and 

Mokelumne Hill. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 

695574,4232384; 695607,4232132; 

695588,4232071; 695277,4232108; 

695111,4231955; 695024,4231930; 

694907,4231961; 694835,4231923; 

694824,4231874; 694873,4231770; 

694707,4231700; 694580,4231609; 

694379,4231528; 694281,4231528; 

694211,4231471; 694118,4231465; 

694033,4231489; 694012,4231420; 

693863,4231366; 693739,4231289; 

693654,4231174; 693651,4231132; 

693252,4230731; 693004,4230419; 

692634,4230055; 692359,4229874; 

691998,4229785; 692018,4230045; 

691947,4230296; 691889,4230367; 

691886,4230503; 691709,4230866; 

691720,4230928; 691815,4231060; 

691913,4231097; 692029,4231237; 

692120,4231471; 692443,4231627; 

692450,4231851; 692565,4231990; 

692585,4232062; 692511,4232208; 

692327,4232231; 692290,4232293; 

692259,4232435; 692310,4232683; 

692368,4232737; 692368,4232782; 

692402,4232822; 692684,4232917; 

692752,4233002; 692752,4233057; 

692596,4233165; 692596,4233216; 

692630,4233298; 692823,4233484; 

692884,4233603; 692871,4233695; 

692959,4233892; 692959,4233939; 

693010,4234004; 693129,4234041; 

693163,4234079; 693215,4234298; 

693464,4234572; 693847,4234885; 

694412,4235538; 694500,4235538; 

694564,4235506; 694660,4235397; 

694853,4234891; 695013,4234718; 

695006,4234379; 695032,4234257; 

695153,4234123; 695281,4234110; 

695397,4233969; 695531,4233649; 

695559,4233627; 695562,4233280; 

695729,4233158; 695863,4233013; 

695875,4232870; 695807,4232615; 

695598,4232462; returning to 

695574,4232384. 

(ii) Note: Map of Unit CAL-1 for the 

California red-legged frog follows: 


sroberts on DSKD5P82C1PROD with RULES
12886 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

BILLING CODE 4310–55–C 


sroberts on DSKD5P82C1PROD with RULESER17MR10.006</GPH>
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12887 

(13) Unit MEN-1: Mendocino County, 

California. From USGS 1:24,000 scale 

quadrangles Cold Spring, Eureka Hill, 

Mallo Pass Creek, and Point Arena. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 447886,4320218; 

447951,4320066; 447983,4319889; 

447958,4319651; 447916,4319542; 

447922,4319483; 447971,4319445; 

448196,4319365; 448430,4319368; 

448547,4319333; 448853,4319365; 

449490,4319517; 449733,4319755; 

449789,4319784; 450035,4319807; 

450150,4319759; 450210,4319703; 

450420,4319414; 450504,4319347; 

450635,4319305; 450810,4319130; 

451092,4318916; 451162,4318828; 

451226,4318719; 451042,4318062; 

450935,4317981; 450714,4317937; 

450597,4317880; 450510,4317818; 

450481,4317760; 450521,4317204; 

450486,4317057; 450570,4316902; 

450786,4316828; 450855,4316749; 

450925,4316588; 451352,4316246; 

451467,4316018; 451510,4315844; 

451502,4315781; 451442,4315626; 

451328,4315533; 451284,4315450; 

451251,4315220; 451407,4315001; 

451584,4314832; 451501,4314714; 

451453,4314558; 451352,4314505; 

451151,4314476; 450897,4314504; 

450723,4314445; 450591,4314336; 

450524,4314325; 450307,4314414; 

450136,4314528; 450080,4314502; 

450050,4314395; 449837,4314281; 

449646,4314320; 449478,4314469; 

449346,4314504; 449277,4314477; 

449180,4314383; 448930,4314388; 

448748,4314292; 448552,4314343; 

448395,4314250; 448291,4314293; 

448159,4314397; 448041,4314742; 

447804,4315012; 447535,4315087; 

447379,4315047; 447121,4315049; 

447112,4314819; 447229,4314525; 

447228,4314463; 447143,4314230; 

447092,4314181; 446968,4313845; 

446785,4313679; 446746,4313591; 

446742,4313514; 446885,4313345; 

447133,4313254; 447301,4313116; 

447441,4312938; 447582,4312493; 

447147,4312559; 447023,4312509; 

446876,4312524; 446701,4312427; 

446660,4312227; 446554,4312026; 

446346,4311900; 446289,4311794; 

446259,4311663; 446182,4311580; 

446019,4311506; 445891,4311224; 

445615,4310903; 445416,4310807; 

445267,4310672; 445095,4310678; 

444754,4310641; 444565,4310659; 

444408,4310515; 444184,4310425; 

444141,4310311; 444029,4310153; 

443818,4309984; 443679,4309807; 

443673,4309764; 443988,4309404; 

443936,4309239; 443919,4308998; 

443738,4308891; 443825,4308738; 

444132,4308361; 444318,4308088; 

444424,4307816; 444304,4307845; 

444112,4307837; 443601,4307714; 

443377,4307684; 442745,4307493; 

442148,4307413; 441776,4307182; 

441681,4307145; 441575,4307166; 

441248,4307317; 441024,4307329; 

440921,4307226; 440624,4307211; 

440402,4307138; 440274,4307148; 

440225,4307257; 440122,4307360; 

439886,4307499; 439886,4307571; 

439735,4307898; 439729,4308019; 

439584,4308086; 439433,4308285; 

439251,4308467; 439221,4308667; 

439166,4308818; 439100,4308909; 

438888,4309018; 438858,4309151; 

438652,4309447; 438573,4309526; 

438513,4309641; 438410,4309732; 

437964,4309936; 437707,4310146; 

437526,4310621; 437526,4310749; 

437635,4310785; 437738,4310785; 

438041,4310567; 438022,4310240; 

438228,4310016; 438585,4309938; 

438652,4309956; 438670,4310022; 

439039,4310016; 439136,4310113; 

439469,4310113; 439796,4310174; 

439838,4310204; 440032,4310204; 

440165,4310392; 440056,4310730; 

440074,4310779; 440135,4310827; 

440159,4311027; 440147,4311366; 

440237,4311505; 440244,4311699; 

440449,4312026; 440371,4312134; 

440262,4312207; 440116,4312207; 

440038,4312231; 439989,4312310; 

439983,4312419; 439947,4312498; 

439874,4312582; 439911,4312697; 

439893,4312812; 439759,4313012; 

439741,4313115; 439790,4313121; 

439941,4313066; 440086,4312915; 

440116,4312818; 440092,4312758; 

440189,4312721; 440135,4312649; 

440153,4312576; 440213,4312498; 

440310,4312552; 440546,4312479; 

440643,4312534; 440667,4312619; 

440764,4312740; 440915,4312812; 

441218,4312818; 441648,4312927; 

441775,4313042; 441884,4313224; 

441811,4313399; 441660,4313545; 

441617,4313660; 441424,4313684; 

441381,4313847; 441290,4314029; 

441363,4314125; 441369,4314392; 

441351,4314440; 441212,4314555; 

441169,4314628; 441157,4314815; 

441054,4314973; 441054,4315154; 

440885,4315336; 440824,4315499; 

440697,4315548; 440116,4315536; 

439941,4315457; 439566,4315421; 

439215,4315481; 439172,4315838; 

439318,4316238; 439414,4316365; 

439729,4316371; 440050,4316516; 

440038,4316698; 439959,4316952; 

439826,4317127; 439820,4317315; 

439771,4317424; 439971,4318374; 

440143,4319025; 440350,4318995; 

440659,4319045; 441220,4318935; 

441393,4318859; 441630,4318649; 

441938,4318577; 442062,4318514; 

442160,4318520; 442408,4318660; 

442467,4318672; 442885,4318606; 

443037,4318624; 443458,4318958; 

443570,4318994; 443736,4318986; 

443817,4318930; 443942,4318700; 

444130,4318174; 444206,4318204; 

444488,4318702; 444560,4318739; 

444613,4318738; 444781,4318655; 

444885,4318566; 445107,4318524; 

445246,4318439; 445439,4318513; 

445542,4318514; 445685,4318482; 

445803,4318417; 446226,4318336; 

446298,4318348; 446424,4318418; 

446549,4318578; 446661,4319187; 

446707,4319293; 446880,4319476; 

447042,4319552; 447098,4319734; 

447056,4319893; 447068,4320031; 

447180,4320199; 447351,4320194; 

447394,4320214; 447485,4320382; 

447722,4320332; returning to 

447886,4320218. 

(ii) Note: Map of Unit MEN-1 for the 

California red-legged frog follows: 

BILLING CODE 4310–55–S 


sroberts on DSKD5P82C1PROD with RULES
12888 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 


sroberts on DSKD5P82C1PROD with RULESER17MR10.007</GPH>
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12889 

(14) Unit SON-1: Sonoma County, 

California. From USGS 1:24,000 scale 

quadrangles Santa Rosa and Kenwood. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 

536171,4251731; 536307,4251324; 

536231,4250750; 536103,4250388; 

535718,4250087; 535462,4250177; 

535251,4250336; 534851,4250494; 

534579,4250705; 534389,4250676; 

534308,4250419; 534298,4250194; 

534123,4250079; 533794,4250578; 

533501,4250593; 533472,4250583; 

533452,4250531; 533276,4250470; 

533146,4250524; 532957,4250539; 

532814,4250509; 532248,4250796; 

532309,4250962; 532316,4251120; 

532497,4251422; 532905,4251407; 

533025,4251475; 533327,4251437; 

533608,4251509; 533772,4252033; 

533885,4252267; 534180,4252501; 

534602,4252689; 535068,4252700; 

535824,4252154; returning to 

536171,4251731. 

(ii) Note: Map of Units SON-1, SON2 and SON-3 for the California redlegged frog follows: 


sroberts on DSKD5P82C1PROD with RULES
12890 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 


sroberts on DSKD5P82C1PROD with RULESER17MR10.008</GPH>
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12891 

(15) Unit SON-2: Sonoma County, 

California. From USGS 1:24,000 scale 

quadrangles Cotati and Glen Ellen. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 

535134,4244142; 535187,4244062; 

535622,4244348; 535838,4244353; 

535971,4244499; 536040,4244436; 

536393,4244436; 536655,4243995; 

536702,4243674; 537129,4243407; 

537300,4242457; 537009,4242237; 

537121,4241673; 537315,4241438; 

537510,4240808; 538274,4240465; 

538488,4239638; 538778,4239243; 

538778,4238977; 538645,4238790; 

538605,4238404; 538446,4238045; 

538180,4237686; 536152,4237939; 

536037,4238617; 536157,4239291; 

536104,4239642; 535917,4240041; 

535829,4240117; 535319,4240068; 

534653,4240161; 534496,4240364; 

534786,4240840; 534813,4241186; 

533414,4242273; 533056,4242396; 

532833,4242624; 532537,4242609; 

532391,4242756; 532418,4243049; 

532604,4243222; 533841,4243454; 

534135,4243980; 534633,4244287; 

534706,4244539; 534912,4244479; 

returning to 535134,4244142. 

(ii) Note: Unit SON-2 for California 

red-legged frog is depicted on the map 

in paragraph (14)(ii) of this entry. 

(16) Unit SON-3: Sonoma and Marin 

Counties, California. From USGS 

1:24,000 scale quadrangle Petaluma. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 

530959,4230115; 531149,4229843; 

531149,4229781; 531041,4229699; 

530868,4229705; 530792,4229641; 

530642,4229379; 529979,4228622; 

529625,4228730; 529454,4228860; 

529138,4228447; 529190,4228085; 

529057,4227870; 529301,4227268; 

529301,4226775; 528922,4226523; 

528796,4226223; 528732,4225860; 

528463,4225746; 528322,4225545; 

528070,4225434; 527675,4225545; 

527499,4225858; 526791,4226136; 

526503,4226700; 526618,4227501; 

526791,4227912; 527227,4228272; 

527718,4228328; 528554,4228970; 

528535,4229182; 528890,4229679; 

529111,4229695; 529317,4230021; 

529918,4229965; 530079,4229860; 

530210,4230039; 530275,4230068; 

530354,4230068; 530421,4230102; 

530542,4230070; 530681,4230122; 

returning to 530959,4230115. 

(ii) Note: Unit SON-3 for California 

red-legged frog is depicted on the map 

in paragraph (14)(ii) of this entry. 

(17) Unit NAP-1: Napa County, 

California. From USGS 1:24,000 scale 

quadrangle Capell Valley. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 

571668,4256238; 571744,4256065; 

571928,4256108; 572003,4256097; 

572230,4255795; 572479,4255665; 

572879,4255676; 573030,4255503; 

573063,4255384; 573495,4255265; 

573603,4255200; 573798,4255395; 

573895,4255427; 573949,4255535; 

574100,4255568; 574187,4255535; 

574327,4255427; 574468,4255395; 

574835,4255535; 575278,4255406; 

575408,4255427; 575430,4255244; 

575408,4255017; 575592,4254887; 

575765,4254649; 575808,4254465; 

575581,4254195; 575408,4254033; 

575214,4253957; 575333,4253892; 

575419,4253676; 575321,4253562; 

574972,4253480; 574899,4253535; 

574781,4253445; 574508,4253381; 

574411,4253302; 574367,4253332; 

574279,4253463; 574146,4253508; 

573831,4253776; 573715,4253702; 

573552,4253734; 573386,4253663; 

573186,4253794; 573088,4253822; 

572972,4253911; 572909,4253921; 

572820,4253898; 572740,4253845; 

572582,4253833; 572328,4253749; 

572104,4253461; 572027,4253479; 

572020,4253414; 571495,4253784; 

571420,4254011; 571420,4254184; 

571204,4254368; 570339,4254400; 

570079,4254573; 569593,4254725; 

569474,4254865; 569431,4255060; 

569290,4255416; 569344,4255525; 

569463,4255568; 569669,4255568; 

569852,4255600; 570015,4255676; 

570207,4255556; 570241,4255438; 

570458,4255211; 570641,4255200; 

570804,4255060; 570966,4255049; 

571020,4255211; 571009,4255330; 

571031,4255449; 571009,4255752; 

571031,4255870; 571085,4255968; 

571117,4256141; 571301,4256141; 

571560,4256281; returning to 

571668,4256238. 

(ii) Note: Map of Unit NAP-1 for the 

California red-legged frog follows: 


sroberts on DSKD5P82C1PROD with RULES
12892 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 


sroberts on DSKD5P82C1PROD with RULESER17MR10.009</GPH>
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12893 

(18) Unit MRN-1: Marin County, 

California. From USGS 1:24,000 scale 

quadrangles Valley Ford and Tomales. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 503193,4241015; 

503294,4241015; 503446,4240937; 

503876,4240603; 504256,4240551; 

504408,4240473; 504433,4240421; 

504484,4240396; 504584,4240395; 

504545,4240350; 504587,4240298; 

504674,4240281; 504733,4240225; 

504875,4240159; 504851,4240030; 

504874,4239956; 504766,4239840; 

504829,4239728; 504862,4239600; 

504835,4239306; 504896,4239139; 

504977,4239052; 505087,4238842; 

505172,4238850; 505319,4238813; 

505493,4238806; 505516,4238668; 

505626,4238434; 505673,4238392; 

506091,4238339; 506140,4238393; 

506448,4238501; 506551,4238326; 

506504,4237813; 506618,4237620; 

506517,4237109; 506625,4236375; 

506329,4236129; 506284,4235230; 

506524,4234994; 506343,4234300; 

506695,4233557; 506620,4233316; 

506090,4233083; 506024,4233103; 

505937,4233091; 505855,4233143; 

505762,4233160; 505672,4233255; 

505316,4233212; 505140,4233280; 

505088,4233359; 505061,4233502; 

504853,4233737; 504730,4233985; 

504594,4234030; 504488,4234115; 

504418,4234208; 504373,4234221; 

504244,4234161; 503885,4234079; 

503816,4234126; 503687,4234290; 

503645,4234307; 503492,4234276; 

503439,4234355; 503308,4234448; 

503306,4234629; 503108,4234736; 

502977,4234755; 502885,4234906; 

502888,4235086; 502871,4235112; 

502733,4235138; 502717,4235160; 

502784,4235437; 502764,4235462; 

502661,4235385; 502555,4235379; 

502381,4235521; 502256,4235562; 

502146,4235673; 501997,4235752; 

502182,4235744; 502251,4235776; 

502356,4235907; 502405,4236072; 

502480,4236149; 502493,4236237; 

502526,4236262; 502696,4236169; 

502907,4235905; 503090,4235814; 

503103,4235727; 503078,4235649; 

503097,4235618; 503146,4235709; 

503147,4235834; 502966,4235913; 

502896,4235997; 502848,4236145; 

502693,4236274; 502563,4236320; 

502474,4236284; 502354,4236108; 

502304,4235881; 502188,4235785; 

502104,4235813; 502031,4235871; 

501753,4235794; 501647,4235813; 

501648,4235849; 501527,4235955; 

501544,4236012; 501498,4236014; 

501409,4236114; 501183,4236116; 

501128,4236244; 501074,4236286; 

501097,4236453; 501048,4236477; 

500968,4236596; 500991,4236836; 

500972,4236920; 500902,4236997; 

500660,4237080; 500559,4237170; 

500458,4237221; 500395,4237383; 

500401,4237476; 500279,4237575; 

500302,4237634; 500287,4237695; 

500227,4237771; 500253,4237811; 

500238,4237936; 500164,4238003; 

499987,4238094; 500014,4238175; 

499962,4238343; 499796,4238588; 

499601,4238795; 499742,4238649; 

499813,4238660; 499948,4238829; 

500076,4238905; 500483,4239029; 

500560,4239079; 500586,4239129; 

500587,4239256; 500537,4239409; 

500539,4239562; 500438,4239717; 

500464,4239818; 500541,4239843; 

500642,4239816; 500768,4239714; 

500871,4239788; 500922,4239864; 

501127,4240016; 501203,4240015; 

501203,4239990; 501254,4240014; 

501406,4240013; 501458,4240090; 

501484,4240267; 501535,4240317; 

501688,4240315; 501713,4240341; 

501815,4240289; 501916,4240288; 

502120,4240363; 502298,4240388; 

502349,4240335; 502602,4240208; 

502730,4240307; 502756,4240485; 

502834,4240586; 502867,4240891; 

502964,4240992; returning to 

503193,4241015. 

(ii) Note: Map of Units MRN-1, MRN2 and MRN-3 for the California redlegged frog follows: 


sroberts on DSKD5P82C1PROD with RULES
12894 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

BILLING CODE 4310–55–C 


sroberts on DSKD5P82C1PROD with RULESER17MR10.010</GPH>
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12895 

(19) Unit MRN-2: Marin County, 

California. From USGS 1:24,000 scale 

quadrangles Point Reyes NE, Inverness, 

and Petaluma. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 512634,4232438; 

512942,4232244; 513098,4232298; 

513362,4232450; 513497,4232455; 

513734,4232386; 513918,4232251; 

513953,4232187; 513939,4232023; 

513849,4231832; 513855,4231619; 

513876,4231594; 513952,4231792; 

514067,4231818; 514387,4231769; 

514431,4231744; 514482,4231533; 

514514,4231516; 514663,4231619; 

514738,4231830; 514879,4231915; 

514984,4231862; 515164,4231822; 

515265,4231703; 515413,4231696; 

515480,4231654; 515682,4231600; 

515773,4231673; 515857,4231825; 

515889,4231847; 516011,4231747; 

516087,4231574; 516258,4231510; 

516369,4231437; 516551,4231414; 

516624,4231372; 516733,4231367; 

517058,4231285; 517107,4231304; 

517391,4231679; 517463,4231696; 

517588,4231597; 517667,4231496; 

517768,4231273; 517772,4231173; 

517811,4231094; 517939,4231058; 

518083,4230966; 518200,4231014; 

518308,4231014; 518391,4230977; 

518538,4230841; 518822,4230448; 

518810,4230285; 518942,4230355; 

519137,4230506; 519237,4230507; 

519320,4230466; 519549,4230605; 

519594,4230608; 519685,4230581; 

519829,4230580; 519999,4230511; 

520091,4230394; 520239,4230269; 

520162,4230139; 519882,4229855; 

519840,4229621; 519867,4229461; 

519849,4229396; 519739,4229280; 

519592,4229059; 519476,4228998; 

519454,4228924; 519378,4228818; 

519315,4228630; 519042,4228213; 

518464,4227912; 518370,4227840; 

518322,4227831; 518197,4227891; 

517943,4228049; 517694,4228069; 

517400,4227982; 517268,4227880; 

517186,4227771; 517199,4227646; 

517250,4227548; 517224,4227253; 

517185,4227094; 517202,4227018; 

517172,4226789; 517183,4226684; 

517345,4226172; 517540,4225917; 

517664,4225822; 517996,4225774; 

518119,4225599; 518363,4225531; 

518498,4225403; 518610,4225441; 

518768,4225408; 518968,4225411; 

519092,4225528; 519190,4225560; 

519233,4225531; 519388,4225502; 

519507,4225352; 519594,4225350; 

519749,4225266; 519810,4225258; 

520064,4225362; 520184,4225514; 

520277,4225592; 520630,4225713; 

520910,4225546; 520992,4225569; 

521097,4225648; 521150,4225647; 

521266,4225514; 521483,4225374; 

521560,4225362; 521593,4225446; 

521576,4225682; 521628,4225793; 

521667,4225821; 521971,4225822; 

522029,4225860; 522041,4225912; 

522179,4225963; 522417,4225897; 

522749,4226030; 523034,4226041; 

523183,4225960; 523305,4225859; 

523473,4225826; 523554,4225753; 

523698,4225705; 523900,4225560; 

523999,4225413; 524219,4225251; 

524366,4225189; 524417,4225181; 

524508,4225322; 524595,4225339; 

524810,4225202; 524934,4225191; 

525064,4225131; 525135,4225139; 

525269,4225297; 525386,4225307; 

525742,4225446; 525981,4225301; 

526083,4225122; 526277,4225058; 

526307,4225022; 526328,4224957; 

526330,4224726; 526452,4224537; 

526214,4224486; 526042,4224410; 

525929,4224415; 525873,4224347; 

525811,4224326; 525748,4224320; 

525586,4224443; 525534,4224449; 

525296,4224366; 525206,4224371; 

525133,4224279; 525087,4224261; 

524966,4224252; 524839,4224204; 

524671,4224229; 524546,4224086; 

524230,4223937; 523845,4224016; 

523743,4223997; 523685,4223952; 

523498,4223688; 523434,4223663; 

523161,4223685; 522965,4223495; 

522819,4223448; 522613,4223424; 

522407,4223176; 522258,4223101; 

522271,4222843; 522364,4222760; 

522445,4222581; 522555,4222444; 

522613,4222102; 522588,4222018; 

522343,4221918; 522236,4221786; 

522055,4221641; 521969,4221349; 

521990,4221082; 521763,4220864; 

521855,4220541; 521793,4220391; 

521774,4220127; 521784,4220067; 

521896,4219981; 521924,4219896; 

521848,4219817; 521755,4219800; 

521656,4219700; 521494,4219662; 

521368,4219377; 521240,4219304; 

521152,4219225; 521114,4219151; 

520863,4218981; 520678,4218787; 

520578,4218796; 520378,4218869; 

520247,4218872; 520018,4218822; 

519872,4218838; 519845,4218996; 

519642,4219152; 519519,4219421; 

519233,4219697; 518902,4219651; 

518634,4219717; 518312,4219719; 

518147,4219746; 517999,4219816; 

517719,4219868; 517653,4219916; 

517287,4219900; 517225,4219917; 

517183,4220084; 517009,4220242; 

516987,4220313; 517103,4220544; 

517122,4220629; 517253,4220802; 

517367,4221065; 517182,4221254; 

517129,4221341; 517036,4221398; 

516768,4221243; 516693,4221247; 

516601,4221165; 516444,4221115; 

516150,4221102; 515956,4221049; 

515673,4221081; 515460,4221071; 

515380,4221101; 515114,4221102; 

515014,4220983; 514867,4220920; 

514780,4220772; 514755,4220678; 

514594,4220665; 514492,4220871; 

514430,4221146; 514439,4221253; 

514360,4221329; 514351,4221370; 

514397,4221492; 514268,4221673; 

514071,4221758; 513978,4221885; 

513976,4222125; 513829,4222366; 

513771,4222562; 513695,4222672; 

513628,4222855; 513572,4222850; 

513466,4222715; 513416,4222692; 

513297,4222704; 513134,4222645; 

512740,4222361; 512600,4222391; 

512449,4222344; 512292,4222366; 

512112,4222334; 512046,4222390; 

511964,4222543; 511866,4222643; 

511826,4222861; 511675,4222929; 

511527,4223048; 511437,4223216; 

511547,4223360; 511503,4223547; 

511501,4223757; 511620,4224148; 

511629,4224296; 511786,4224456; 

511844,4224569; 511874,4224719; 

511854,4224868; 511902,4224965; 

511904,4225113; 512071,4225338; 

512157,4225513; 512204,4225552; 

512337,4225573; 512368,4225726; 

512356,4225792; 512428,4225869; 

512529,4226054; 512591,4226107; 

512660,4226098; 512756,4226159; 

512859,4226140; 513037,4226157; 

513287,4226362; 513607,4226528; 

513677,4226611; 513728,4226781; 

513769,4226828; 513982,4226839; 

514078,4226893; 514253,4227043; 

514392,4227258; 514369,4227563; 

514393,4227680; 514388,4227874; 

514142,4227981; 514068,4228051; 

513987,4228072; 513829,4228182; 

513610,4228246; 513532,4228309; 

513362,4228319; 513228,4228439; 

512822,4228591; 512709,4228749; 

512692,4228880; 512618,4229002; 

512598,4229082; 512424,4229178; 

512261,4229363; 512328,4229469; 

512328,4229507; 512245,4229751; 

512645,4230037; 512816,4230363; 

512774,4230537; 512777,4230732; 

512685,4231053; 512590,4231193; 

512559,4231357; 512387,4231685; 

512254,4231827; 512208,4231918; 

512249,4232203; 512365,4232457; 

512525,4232501; returning to 

512634,4232438. 

(ii) Note: Unit MRN-2 for California 

red-legged frog is depicted on the map 

in paragraph (18)(ii) of this entry. 

(20) Unit MRN-3: Marin County, 

California. From USGS 1:24,000 scale 

quadrangles Drakes Bay and Inverness. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 

510133,4216765; 510270,4216372; 

510239,4216321; 510281,4216124; 

510629,4215830; 510849,4215727; 

510877,4215571; 510978,4215595; 

511057,4215680; 511122,4215630; 

511147,4215593; 511161,4215478; 

511210,4215387; 511275,4215332; 

511518,4214941; 511553,4214727; 

511602,4214667; 511785,4214601; 

511919,4214612; 512054,4214589; 


sroberts on DSKD5P82C1PROD with RULES
12896 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

512332,4214656; 512415,4214708; 

512707,4214574; 512889,4214540; 

512963,4214501; 513029,4214420; 

513116,4214029; 513217,4214012; 

513416,4214031; 513512,4213950; 

513576,4213953; 513736,4214119; 

513846,4214332; 513925,4214400; 

514141,4214492; 514240,4214562; 

514366,4214810; 514400,4214999; 

514442,4215075; 514510,4215014; 

514513,4215057; 514413,4215323; 

514255,4215636; 514267,4215701; 

514317,4215712; 514365,4215687; 

514559,4215488; 514642,4215319; 

514725,4215282; 514603,4215579; 

514621,4215694; 514779,4215441; 

515018,4215186; 515077,4215033; 

515232,4214981; 515342,4214897; 

515288,4214710; 515275,4214564; 

515381,4214375; 515711,4213988; 

515746,4213733; 515733,4213354; 

515750,4213055; 515781,4212901; 

515830,4212870; 516367,4212892; 

516503,4212932; 516644,4213042; 

516860,4212910; 516926,4212822; 

517040,4212830; 517088,4212791; 

517172,4212791; 517374,4212518; 

517264,4212465; 517339,4212311; 

517414,4212254; 517480,4212267; 

517595,4212205; 517661,4212078; 

517787,4212085; 517933,4212205; 

518079,4212282; 518260,4212635; 

518544,4212979; 518683,4213112; 

518803,4213102; 518927,4212967; 

519118,4212921; 519159,4212887; 

519291,4212649; 519280,4212589; 

519210,4212517; 519196,4212418; 

519336,4212358; 519353,4212325; 

519335,4212205; 519349,4212132; 

519401,4212089; 519504,4212103; 

519628,4212046; 520171,4211644; 

520055,4211392; 520030,4211190; 

520097,4210910; 520586,4210785; 

520815,4210783; 520850,4210769; 

520892,4210704; 520861,4210397; 

520721,4210162; 520600,4210028; 

520590,4209949; 520646,4209898; 

520887,4209871; 521006,4209793; 

521031,4209751; 521041,4209527; 

521004,4209454; 521114,4209240; 

521104,4208959; 521141,4208913; 

521339,4208949; 521419,4208921; 

521461,4208889; 521598,4208620; 

521501,4208595; 521346,4208500; 

520950,4208483; 520727,4208354; 

520374,4208079; 520220,4208045; 

519885,4207813; 519438,4207400; 

519240,4207065; 519025,4206781; 

518852,4206795; 518859,4206992; 

518825,4207242; 518779,4207341; 

518633,4207493; 518590,4207597; 

518303,4207765; 518255,4207851; 

518165,4207884; 518049,4207875; 

518013,4207892; 517908,4208057; 

517861,4208082; 517771,4208080; 

517601,4207985; 517354,4207996; 

517125,4207882; 516970,4208017; 

516925,4208111; 516780,4208118; 

516653,4208173; 516549,4208178; 

516215,4207960; 516078,4207893; 

516028,4207896; 516070,4207700; 

516038,4207514; 515826,4207401; 

515664,4207236; 515598,4207042; 

515590,4206816; 515322,4206667; 

515113,4206403; 515080,4206186; 

515096,4206019; 515065,4205839; 

514688,4206208; 514367,4206421; 

514164,4206598; 514016,4206652; 

513803,4206859; 513688,4206894; 

513604,4206970; 513520,4206990; 

513373,4207120; 513147,4207269; 

513080,4207355; 

512595,4207687;511835,4208055; 

510313,4208639; 509246,4208876; 

508651,4208951; 507880,4209000; 

507124,4208993; 506775,4209072; 

506615,4209014; 506389,4209039; 

506185,4209217; 506100,4209325; 

506026,4209510; 506062,4209603; 

506147,4209545; 506522,4209169; 

506599,4209122; 506704,4209127; 

507025,4209067; 507050,4209081; 

507021,4209143; 507076,4209099; 

507177,4209122; 507283,4209116; 

507420,4209185; 507483,4209182; 

507616,4209126; 507643,4209139; 

507686,4209105; 507724,4209130; 

507788,4209094; 507905,4209139; 

507930,4209221; 508127,4209185; 

508246,4209094; 508475,4209068; 

508605,4209086; 508742,4209175; 

509023,4209151; 509049,4209111; 

509162,4209163; 509287,4209156; 

509499,4209071; 509720,4209108; 

509812,4208918; 509891,4208860; 

509994,4208851; 510052,4208894; 

510045,4208952; 510136,4208954; 

510157,4208984; 510131,4209303; 

510153,4209435; 510272,4209507; 

510319,4209698; 510496,4209864; 

510535,4210135; 510476,4210146; 

510415,4210004; 510296,4209863; 

510147,4209602; 510074,4209535; 

509993,4209279; 509919,4209208; 

509881,4209127; 509880,4209033; 

509912,4208981; 510016,4208932; 

510001,4208886; 509935,4208880; 

509859,4208919; 509794,4209132; 

509665,4209263; 509602,4209288; 

509535,4209402; 509522,4209605; 

509542,4209833; 509599,4209906; 

509582,4209938; 509531,4209958; 

509498,4210182; 509497,4210378; 

509530,4210514; 509481,4210581; 

509421,4210611; 509363,4210579; 

509397,4210503; 509347,4210265; 

509376,4209961; 509337,4209815; 

509262,4209739; 509322,4209688; 

509335,4209619; 509231,4209471; 

509045,4209333; 508894,4209327; 

508634,4209341; 508147,4209491; 

508043,4209600; 508011,4209679; 

508173,4209875; 508255,4210124; 

508276,4210307; 508411,4210455; 

508358,4210636; 508157,4210758; 

508218,4210924; 508310,4211016; 

508308,4211083; 508069,4211277; 

507969,4211477; 507982,4211523; 

507957,4211557; 507908,4211517; 

507891,4211365; 507858,4211301; 

507856,4210821; 507724,4210572; 

507654,4210495; 507635,4210336; 

507564,4210209; 507584,4210056; 

507624,4209986; 507623,4209788; 

507582,4209630; 507506,4209538; 

507402,4209523; 507316,4209544; 

507282,4209578; 507243,4209663; 

507223,4209841; 507189,4209938; 

507155,4209926; 507137,4209871; 

507120,4209657; 507072,4209525; 

506934,4209479; 506640,4209505; 

506585,4209679; 506405,4209809; 

506374,4209808; 506330,4209751; 

506300,4209746; 505982,4209766; 

505968,4209916; 505932,4209915; 

505904,4210075; 505989,4210384; 

505975,4210478; 505841,4210606; 

505717,4210639; 505621,4210708; 

505541,4210808; 505483,4210945; 

505662,4211260; 505803,4211801; 

505861,4211906; 506155,4212049; 

506253,4212142; 506528,4212306; 

506603,4212436; 506660,4212449; 

506814,4212424; 506833,4212520; 

506806,4212654; 506849,4212713; 

506972,4212769; 507062,4212882; 

506897,4212979; 506875,4213038; 

506870,4213078; 506970,4213237; 

507091,4213310; 507337,4213389; 

507473,4213521; 507701,4213616; 

507766,4213902; 507762,4213958; 

507701,4213945; 507619,4213805; 

507498,4213731; 507377,4213715; 

507325,4213740; 507320,4213683; 

507208,4213594; 507194,4213554; 

507141,4213533; 506822,4213739; 

506815,4213782; 506850,4213857; 

506771,4214113; 506743,4214115; 

506675,4214021; 506726,4213828; 

506726,4213696; 506678,4213492; 

506493,4213195; 506389,4212903; 

506254,4212836; 506213,4212761; 

506114,4212799; 505874,4212950; 

505835,4213134; 505797,4213179; 

505897,4213364; 505883,4213473; 

505786,4213556; 505841,4213871; 

505829,4213936; 505714,4214048; 

505700,4214146; 505822,4214442; 

505999,4214691; 505996,4214804; 

505922,4214995; 505744,4215071; 

505667,4215174; 505682,4215213; 

505800,4215221; 505869,4215291; 

506047,4215394; 506071,4215552; 

506153,4215767; 506306,4215910; 

506113,4215969; 506033,4215923; 

505970,4215915; 505940,4215851; 

505734,4215768; 505663,4215684; 

505665,4215590; 505714,4215479; 

505716,4215417; 505473,4215046; 

505480,4214996; 505551,4214971; 

505562,4214934; 505526,4214858; 

505519,4214764; 505394,4214667; 

505239,4214416; 505308,4214248; 

505286,4213725; 505166,4213472; 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12897 

505131,4213280; 505078,4213202; 

505125,4212897; 505079,4212810; 

504900,4212697; 504875,4212624; 

504885,4212573; 504699,4212565; 

504579,4212601; 504277,4212526; 

504121,4212539; 504025,4212680; 

504012,4212738; 504102,4212844; 

504120,4212904; 504015,4213135; 

504046,4213215; 504113,4213731; 

503996,4213871; 504034,4213972; 

503978,4214093; 503977,4214204; 

503830,4214257; 503835,4214302; 

503876,4214339; 503876,4214401; 

503815,4214438; 503738,4214410; 

503736,4214280; 503812,4214133; 

503817,4214085; 503769,4213973; 

503833,4213955; 503823,4213683; 

503896,4213564; 503833,4213478; 

503729,4213414; 503716,4213377; 

503716,4213290; 503691,4213250; 

503706,4213134; 503833,4212871; 

503783,4212787; 503653,4212683; 

503653,4212655; 503848,4212534; 

503974,4212395; 504304,4212249; 

504383,4212104; 504416,4211984; 

504527,4211838; 504502,4211391; 

504441,4211246; 504386,4211242; 

504228,4211389; 503976,4211540; 

503867,4211561; 503708,4211770; 

503572,4211855; 503491,4211936; 

503412,4211941; 503199,4212071; 

503161,4212073; 503125,4212040; 

503208,4211906; 503395,4211843; 

503522,4211746; 503496,4211685; 

503407,4211715; 503382,4211680; 

503447,4211617; 503633,4211529; 

503660,4211433; 503726,4211397; 

503763,4211345; 503792,4211211; 

503904,4211249; 504028,4211206; 

504185,4211117; 504333,4210980; 

504453,4210930; 504659,4210567; 

504878,4210346; 504957,4210209; 

505062,4210144; 505202,4209880; 

505237,4209682; 505324,4209654; 

505374,4209663; 505343,4209781; 

505363,4209797; 505547,4209768; 

505624,4209689; 505611,4209581; 

505577,4209548; 505377,4209502; 

505306,4209375; 505228,4209324; 

504720,4209278; 504495,4209232; 

503790,4209003; 503381,4208827; 

502952,4208525; 502424,4208062; 

502092,4207655; 501862,4207309; 

501600,4206827; 501470,4206438; 

501401,4206059; 501407,4205930; 

501463,4205808; 501466,4205587; 

501645,4205532; 501759,4205459; 

501846,4205437; 501883,4205393; 

501964,4205388; 502079,4205256; 

502351,4205134; 502442,4205166; 

502497,4205140; 502567,4205152; 

502686,4205086; 502750,4205080; 

502867,4205113;502873,4205060; 

503019,4204813; 503124,4204736; 

503115,4204722; 502956,4204673; 

502927,4204721; 502810,4204750; 

502632,4204765; 502492,4204737; 

502373,4204742; 502323,4204822; 

502347,4204896; 502292,4204963; 

502181,4204983; 502112,4204967; 

501888,4205031; 501683,4204983; 

501563,4205013; 501477,4204995; 

501377,4205051; 501227,4205013; 

501227,4204947; 501192,4204936; 

501123,4205000; 501156,4205033; 

501127,4205088; 501050,4205076; 

500973,4205148; 500811,4205234; 

500575,4205162; 500552,4205058; 

500420,4205028; 500409,4205116; 

500293,4205180; 500176,4205160; 

500112,4205121; 500082,4205134; 

500035,4205076; 500014,4205138; 

499960,4205144; 499933,4205132; 

499908,4205069; 499856,4205055; 

499796,4205072; 499774,4205044; 

499700,4205069; 499499,4205076; 

499452,4205234; 499347,4205261; 

499348,4205303; 499300,4205322; 

499161,4205311; 499129,4205276; 

499091,4205304; 499077,4205280; 

499042,4205321; 499001,4205306; 

499005,4205265; 499023,4205267; 

498993,4205231; 498985,4205317; 

498933,4205329; 498893,4205265; 

498794,4205213; 498766,4205151; 

498712,4205145; 498599,4205178; 

498517,4205164; 498476,4205219; 

498452,4205161; 498348,4205198; 

498327,4205256; 498173,4205288; 

498083,4205254; 498014,4205270; 

497983,4205215; 497891,4205242; 

497876,4205290; 497903,4205377; 

497979,4205447; 498051,4205586; 

498106,4205613; 498115,4205676; 

498188,4205786; 498243,4205796; 

498308,4205758; 498360,4205764; 

498497,4205674; 498587,4205715; 

498578,4205773; 498665,4205838; 

498695,4205922; 498819,4205919; 

498847,4205899; 498954,4205918; 

499075,4206064; 499253,4206407; 

499399,4206801; 499539,4207277; 

499907,4208172; 500142,4208871; 

500345,4209347; 500720,4210420; 

500986,4211087; 501012,4211233; 

501361,4212122; 501901,4213703; 

502491,4215316; 503094,4217156; 

503345,4217022; 503679,4216629; 

503730,4216579; 503799,4216555; 

503958,4216581; 504285,4216561; 

504526,4216621; 504859,4216757; 

505264,4217009; 505550,4217104; 

506541,4216757; 506604,4217067; 

506525,4217161; 506532,4217185; 

506994,4217323; 507410,4217877; 

508102,4217877; 509072,4218155; 

509626,4218155; 510135,4217982; 

510344,4217819; 510140,4217687; 

510054,4217459; 509963,4217330; 

509962,4217179; 510098,4216973; 

510136,4216841; returning to 

510133,4216765. 

(ii) Note: Unit MRN-3 for California 

red-legged frog is depicted on the map 

in paragraph (18)(ii) of this entry. 

(21) Unit SOL-1: Solano and Napa 

Counties, California. From USGS 

1:24,000 scale quadrangles Cordelia, 

Benecia, Fairfield South and Vine Hill. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 573848,4228015; 

573903,4227912; 573977,4227914; 

574101,4228001; 574144,4227996; 

574168,4227924; 574108,4227756; 

574045,4227438; 574091,4227308; 

574369,4227183; 574607,4226770; 

574709,4226724; 574710,4226757; 

574752,4226739; 575176,4225375; 

575367,4224934; 575363,4224914; 

575154,4224811; 575156,4224422; 

575340,4224312; 575272,4224261; 

575277,4224221; 575430,4223998; 

575543,4223916; 575898,4223882; 

575951,4223933; 575956,4224042; 

576548,4224315; 576613,4224309; 

577094,4224080; 577185,4224072; 

577294,4223874; 577241,4223622; 

577294,4223503; 577394,4223421; 

577361,4223317; 577276,4223227; 

577093,4223198; 577026,4223148; 

577088,4222761; 577231,4222620; 

577424,4222494; 577487,4222409; 

577764,4222437; 577901,4222389; 

577908,4222309; 577823,4222231; 

578000,4222065; 577976,4222018; 

577851,4221975; 577819,4221920; 

577874,4221749; 577847,4221604; 

577479,4221571; 577347,4221465; 

577347,4221267; 577254,4221042; 

577263,4220963; 577240,4220963; 

577232,4220845; 577157,4220753; 

577148,4220519; 577207,4220260; 

577340,4219959; 577708,4219717; 

577833,4219667; 578061,4219640; 

578022,4219507; 577850,4219230; 

578141,4219044; 578141,4218548; 

578071,4218516; 577638,4218687; 

576844,4218674; 576474,4218621; 

576315,4218370; 576130,4218317; 

575892,4218145; 575693,4217814; 

575535,4217616; 575045,4217139; 

574873,4216862; 574304,4217100; 

574026,4217139; 573391,4217351; 

573100,4217311; 572730,4217510; 

572550,4217698; 572484,4217823; 

572498,4218787; 572276,4219425; 

572241,4219668; 571809,4219995; 

571486,4220345; 571285,4220358; 

571097,4220460; 570722,4220804; 

570712,4220888; 570467,4221496; 

569971,4222168; 569322,4222661; 

569141,4222871; 568932,4223029; 

569100,4223446; 569287,4223455; 

569617,4223245; 569859,4223239; 

569998,4223461; 570161,4223803; 

570212,4223793; 570589,4223923; 

570713,4223831; 570802,4223659; 

570802,4223501; 570936,4223240; 

571008,4222761; 571145,4222466; 

571240,4222370; 571367,4222173; 

571848,4221869; 571964,4221615; 

572129,4221634; 572415,4221529; 

572618,4221361; 572912,4221346; 

572919,4221484; 573182,4221670; 


sroberts on DSKD5P82C1PROD with RULES
12898 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

573101,4221744; 573080,4222159; 

572894,4222695; 572719,4223078; 

572686,4223384; 572555,4223800; 

572555,4224434; 572609,4224828; 

572596,4225163; 572424,4225185; 

572290,4225081; 572133,4225232; 

572065,4225225; 571881,4225001; 

571574,4224781; 571484,4224773; 

571338,4224672; 571231,4224490; 

570850,4224490; 570733,4224439; 

570602,4224420; 570585,4224503; 

570453,4224690; 570576,4224852; 

570722,4224934; 570875,4225093; 

570763,4225322; 570670,4225406; 

570879,4225740; 571040,4225925; 

571358,4226168; 571485,4226295; 

571618,4226478; 571663,4226445; 

571710,4226470; 571678,4226529; 

571802,4226631; 571975,4226718; 

572345,4226851; 572506,4226954; 

572764,4227177; 573262,4227884; 

573371,4227967; 573657,4228044; 

573766,4228055; returning to 

573848,4228015. 

(ii) Note: Map of Units SOL-1, SOL2 and SOL-3 for the California redlegged frog follows: 

BILLING CODE 4310–55–S 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12899 

BILLING CODE 4310–55–C 


sroberts on DSKD5P82C1PROD with RULESER17MR10.011</GPH>
12900 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

(22) Unit SOL-2: Solano and Napa 

Counties, California. From USGS 

1:24,000 scale quadrangle Cordelia. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 

570458,4232242; 570722,4232209; 

571086,4232374; 571367,4232573; 

571880,4232606; 572552,4232394; 

572809,4232259; 572809,4232155; 

572756,4231996; 572637,4231837; 

572637,4231639; 573009,4231625; 

573192,4231413; 573390,4231275; 

573441,4231119; 573467,4230836; 

573406,4230775; 573470,4230566; 

573705,4230214; 573992,4230187; 

574036,4230088; 574120,4230009; 

574352,4229667; 574403,4229391; 

574344,4229350; 573890,4229241; 

573760,4229329; 573519,4229412; 

573113,4229431; 572770,4229520; 

572598,4229533; 572300,4229291; 

571970,4229190; 571766,4229253; 

571606,4229514; 571658,4230168; 

571639,4230536; 571519,4230834; 

571360,4230968; 571023,4230968; 

570750,4231012; 570560,4230936; 

570294,4230699; 569918,4230136; 

569626,4230110; 569334,4230180; 

568858,4230392; 568747,4230511; 

568604,4230722; 568466,4230826; 

568420,4230947; 568427,4231151; 

568370,4231153; 568241,4231036; 

568170,4231061; 568251,4231202; 

568522,4231421; 568329,4231625; 

568273,4231618; 568199,4231461; 

568133,4231392; 568051,4231386; 

567956,4231463; 567912,4231543; 

567727,4231690; 567729,4231878; 

567994,4232292; 567944,4232639; 

568093,4233152; 568821,4233152; 

569151,4233185; 569548,4233185; 

569846,4233019; 570061,4232854; 

returning to 570458,4232242. 

(ii) Note: Unit SOL-2 for California 

red-legged frog is depicted on the map 

in paragraph (21)(ii) of this entry. 

(23) Unit SOL-3: Solano and Napa 

Counties, California. From USGS 

1:24,000 scale quadrangle Cordelia. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 

567740,4229171; 568267,4229171; 

568477,4228910; 568712,4228853; 

568966,4228656; 569087,4228510; 

569334,4228485; 569607,4228396; 

569918,4228237; 570276,4228164; 

571071,4228258; 571556,4228946; 

572117,4228927; 572376,4228815; 

572535,4228688; 572789,4228707; 

573052,4228841; 573309,4228751; 

573595,4228530; 573591,4228489; 

572973,4227712; 572720,4227679; 

572641,4227523; 572604,4227377; 

572604,4227200; 572266,4227009; 

572043,4226973; 571747,4226787; 

571739,4226736; 571691,4226684; 

571607,4226655; 571371,4226453; 

571252,4226308; 570965,4226045; 

570780,4225806; 570606,4225519; 

570453,4225433; 570323,4225316; 

570088,4225297; 569929,4225225; 

569754,4225196; 569569,4225199; 

569376,4225109; 569270,4225000; 

569119,4224961; 569074,4224876; 

568960,4224768; 568745,4224634; 

568523,4224574; 568380,4224504; 

568010,4224527; 567864,4224622; 

567019,4224654; 566765,4224802; 

566704,4225101; 566522,4225215; 

566353,4225363; 566462,4225788; 

566610,4226015; 566604,4226126; 

566731,4226294; 566877,4226326; 

567175,4226542; 567232,4226739; 

567105,4226948; 567076,4227307; 

567417,4228231; 567664,4228428; 

567740,4228580; returning to 

567740,4229171. 

(ii) Note: Unit SOL-3 for California 

red-legged frog is depicted on the map 

in paragraph (21)(ii) of this entry. 

(24) Unit CCS-1: Contra Costa County, 

California. From USGS 1:24,000 scale 

quadrangles Richmond, Benecia, 

Briones Valley and Walnut Creek. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 572162,4205268; 

572327,4205277; 572442,4205195; 

572582,4205195; 572788,4205283; 

572909,4205274; 573122,4204829; 

573298,4204638; 573495,4204549; 

573519,4204473; 573487,4204382; 

573594,4204332; 573672,4204255; 

573639,4204185; 573520,4204083; 

573424,4203726; 573355,4203671; 

573267,4203695; 573150,4203787; 

572928,4203867; 572737,4204064; 

572574,4203972; 572526,4203835; 

571765,4203776; 571660,4203656; 

571783,4202972; 571741,4202650; 

571991,4202253; 572214,4201968; 

572486,4201677; 572471,4201544; 

572497,4201511; 572614,4201480; 

572794,4201502; 572878,4201552; 

573135,4201820; 573168,4201827; 

573218,4201660; 573237,4201425; 

573292,4201268; 573364,4201222; 

573484,4200970; 573443,4201046; 

573544,4201047; 573651,4201342; 

573748,4201343; 573742,4201477; 

574217,4201456; 574155,4201560; 

574504,4201744; 574537,4201730; 

574501,4201794; 574535,4201949; 

574691,4201984; 574719,4201926; 

574749,4201918; 574771,4201939; 

574774,4202005; 574799,4202006; 

574807,4201453; 575241,4201597; 

575195,4201668; 575198,4201759; 

575232,4201791; 575271,4201928; 

575242,4201927; 575276,4202021; 

575390,4202092; 575386,4202303; 

575527,4202304; 575672,4202256; 

575687,4202126; 575729,4202104; 

575803,4202084; 575955,4202109; 

575936,4202055; 576042,4201903; 

575989,4201793; 576046,4201771; 

576025,4201654; 576171,4201610; 

576222,4201746; 576282,4201829; 

576248,4201881; 576272,4201920; 

576235,4201988; 576381,4202154; 

576452,4202128; 576537,4202156; 

576696,4201885; 576871,4201782; 

576922,4201934; 577022,4202086; 

577036,4202077; 577059,4202163; 

577129,4202252; 577122,4202327; 

577165,4202394; 577286,4202312; 

577377,4202449; 577553,4202269; 

577370,4202080; 577433,4202019; 

577181,4201778; 577331,4201778; 

577332,4201711; 577396,4201713; 

577394,4201778; 577538,4201779; 

577538,4201608; 577375,4201499; 

577180,4201413; 577177,4201270; 

577253,4201191; 577192,4200992; 

577204,4200806; 577331,4200562; 

577350,4200480; 577311,4200435; 

577192,4200372; 577162,4200287; 

577028,4200293; 576947,4200268; 

576858,4200184; 576906,4200083; 

576929,4199888; 576926,4199829; 

576851,4199719; 576847,4199627; 

576744,4199595; 576480,4199299; 

576670,4199097; 576790,4199053; 

576934,4198944; 577000,4198816; 

576998,4198671; 576909,4198588; 

576860,4198575; 576798,4198592; 

576812,4198531; 576357,4198119; 

576106,4197955; 575987,4197664; 

576046,4197240; 576005,4197111; 

575797,4196993; 575587,4196999; 

575432,4196824; 575436,4196897; 

575386,4197011; 575161,4197151; 

575066,4197298; 574718,4197534; 

574156,4197457; 574162,4197390; 

573973,4197317; 573757,4197318; 

573683,4197437; 573738,4197634; 

573750,4197950; 573599,4197933; 

573543,4198199; 573353,4198414; 

573281,4198460; 573166,4198456; 

573063,4198504; 573022,4198458; 

572836,4198432; 572610,4198534; 

572532,4198601; 572485,4198723; 

572417,4198723; 572221,4198785; 

572141,4198998; 572010,4199081; 

571881,4199118; 571670,4199102; 

571566,4199147; 571524,4199202; 

571507,4199310; 571533,4199362; 

571350,4199393; 571009,4199625; 

570836,4199835; 570696,4199866; 

570536,4199789; 570280,4199549; 

569826,4199391; 569478,4199475; 

568851,4199841; 568699,4199671; 

568627,4199387; 568691,4199069; 

568353,4199245; 567529,4198875; 

566350,4199375; 566284,4199599; 

566341,4199604; 566737,4199831; 

566760,4199874; 566841,4199875; 

566833,4199961; 566930,4200163; 

566919,4200201; 566776,4200022; 

566657,4200001; 566562,4199885; 

566296,4199802; 566239,4199753; 

566203,4199876; 565621,4200086; 

565429,4200430; 565511,4200537; 

565521,4200525; 566258,4201186; 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12901 

566869,4201553; 566786,4201997; 

566461,4202226; 566270,4202570; 

565402,4203167; 565751,4203676; 

566022,4203755; 566817,4203589; 

567187,4203774; 567307,4204369; 

567551,4204653; 567971,4204786; 

568162,4205016; 568316,4205601; 

569243,4205726; 569500,4206028; 

569786,4206162; 571795,4205888; 

571822,4205812; 572102,4205486; 

572129,4205309; returning to 

572162,4205268. 

(ii) Note: Map of Unit CCS-1 for the 

California red-legged frog follows: 

BILLING CODE 4310–55–S 


sroberts on DSKD5P82C1PROD with RULES
12902 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

BILLING CODE 4310–55–C 


sroberts on DSKD5P82C1PROD with RULESER17MR10.012</GPH>
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12903 

(25) Unit CCS-2: Contra Costa and 

Alameda Counties, California. 

(i) Subunit CCS-2A. From USGS 

1:24,000 scale quadrangles Walnut 

Creek, Clayton, and Diablo. Land 

bounded by the following UTM Zone 

10, NAD83 coordinates (E,N): 

590966,4195381; 591584,4195077; 

591596,4194986; 591659,4194914; 

591743,4194903; 591896,4194623; 

592141,4194355; 592189,4194330; 

592235,4194205; 592329,4194137; 

592442,4194139; 592470,4194106; 

592527,4193846; 592688,4193638; 

592834,4193634; 592942,4193372; 

593298,4193329; 593278,4193189; 

592898,4193026; 592464,4192592; 

592410,4192158; 592410,4191723; 

592301,4191397; 591867,4191017; 

591595,4190529; 591495,4190495; 

591457,4190511; 591447,4190592; 

591142,4190699; 591124,4190836; 

590955,4190873; 590648,4191074; 

589965,4191056; 589873,4191079; 

589807,4191148; 589751,4191159; 

589656,4191120; 589656,4191026; 

589428,4191042; 589293,4190997; 

588928,4190974; 588851,4191280; 

588891,4191357; 588857,4191474; 

588834,4191480; 588831,4191683; 

588477,4191754; 588478,4191791; 

588335,4191796; 588267,4191865; 

588296,4191958; 588224,4192037; 

588213,4192087; 588248,4192180; 

588129,4192225; 588074,4192281; 

588047,4192349; 588100,4192405; 

588063,4192545; 587986,4192680; 

587925,4192733; 587796,4192729; 

587701,4192678; 587606,4192858; 

587356,4193019; 587222,4193159; 

587396,4193281; 587505,4193429; 

587711,4193321; 588016,4193393; 

588207,4193552; 588289,4193768; 

588378,4193831; 588728,4193850; 

588804,4194250; 588982,4194638; 

589026,4194983; 589108,4195198; 

589323,4195327; 589882,4195381; 

590548,4195274; returning to 

590966,4195381. 

(ii) Subunit CCS-2B. From USGS 

1:24,000 scale quadrangles Diablo, 

Tassajara, Byron Hot Springs, Dublin, 

Livermore, Altamont, Midway, and 

Clifton Court Forebay. Land bounded by 

the following UTM Zone 10, NAD83 

coordinates (E,N): 599361,4176006; 

599341,4176048; 599341,4176174; 

599284,4176237; 599339,4176375; 

599328,4176394; 599351,4176409; 

599193,4176675; 599350,4177063; 

599085,4177291; 598887,4177526; 

598831,4177784; 598883,4178009; 

598893,4178237; 598946,4178300; 

598936,4178389; 599076,4178612; 

599001,4178659; 598939,4178780; 

598982,4178937; 599256,4179309; 

599170,4179461; 599348,4180125; 

599348,4180303; 599494,4180570; 

599710,4180868; 599735,4181179; 

599932,4181459; 600465,4181344; 

601189,4181433; 601265,4181573; 

601010,4181785; 601010,4182167; 

601038,4182207; 601226,4182275; 

601305,4182383; 601321,4182514; 

601408,4182609; 601544,4182684; 

601770,4182693; 602052,4182635; 

601992,4183824; 601846,4184616; 

600555,4184616; 600399,4184565; 

600269,4184571; 600243,4184637; 

600179,4184639; 600087,4184579; 

599915,4184539; 599359,4184962; 

599227,4185769; 598974,4186032; 

599082,4186368; 597914,4186452; 

597879,4186793; 597685,4186967; 

597681,4187031; 597633,4187076; 

597562,4187077; 597525,4187112; 

597176,4187118; 597174,4186906; 

597046,4186902; 596844,4187007; 

596646,4187013; 596172,4187079; 

595987,4187174; 595752,4187566; 

595813,4187685; 595746,4187785; 

595523,4187813; 595445,4188105; 

595352,4188108; 595240,4188044; 

595240,4187971; 595198,4187857; 

595210,4187761; 595151,4187633; 

595069,4187629; 594873,4187497; 

594601,4187391; 594459,4187434; 

594459,4187518; 594309,4187529; 

594261,4187722; 594233,4187736; 

594223,4187841; 594131,4187785; 

593748,4187977; 593705,4188078; 

593606,4188042; 593474,4188081; 

593410,4188204; 593240,4188182; 

593132,4188217; 593036,4188421; 

592987,4188416; 592913,4188598; 

592625,4188865; 592566,4188841; 

592547,4188887; 592579,4188947; 

592403,4189055; 592432,4189145; 

592389,4189312; 592346,4189373; 

592327,4189556; 592289,4189590; 

592283,4189782; 592464,4189714; 

593007,4189660; 593441,4189388; 

594039,4189171; 594364,4189225; 

594907,4189225; 595342,4188900; 

595722,4188520; 596211,4188465; 

596428,4188845; 596482,4189334; 

596699,4189931; 597242,4189986; 

597514,4189551; 597894,4189334; 

598165,4189117; 598491,4188791; 

598871,4188302; 599577,4188411; 

600012,4188411; 600336,4188087; 

600351,4186962; 601470,4186982; 

601695,4186728; 602129,4186456; 

602944,4185370; 603650,4184936; 

603867,4184719; 604410,4184556; 

606690,4182112; 606690,4181081; 

607776,4180266; 621397,4184549; 

621470,4184429; 621507,4184287; 

621983,4184349; 621788,4184672; 

623318,4185153; 623256,4185109; 

623331,4184969; 623311,4184795; 

623520,4184478; 623692,4184338; 

623735,4184117; 623472,4184116; 

623479,4183966; 623791,4183970; 

623813,4183913; 623940,4183799; 

623890,4183477; 623954,4183316; 

624056,4183260; 624119,4183134; 

624022,4182579; 624054,4182471; 

624181,4182344; 624213,4182236; 

624206,4182046; 624323,4181863; 

624472,4181801; 624471,4181577; 

624777,4181462; 624962,4181261; 

625001,4181120; 625034,4180699; 

624946,4180302; 624892,4180389; 

624579,4180724; 624473,4180770; 

623882,4180767; 623692,4180833; 

623559,4181043; 623364,4181183; 

623224,4181383; 623257,4181585; 

623226,4181707; 623107,4181751; 

623051,4181839; 622963,4181907; 

622678,4182332; 622560,4182376; 

622472,4182442; 622425,4182514; 

622328,4182564; 621806,4182439; 

621645,4182584; 621674,4182640; 

621703,4182642; 621709,4182689; 

621528,4182836; 621453,4182808; 

621431,4182743; 621406,4182776; 

621381,4182923; 621490,4183263; 

621445,4183403; 621342,4183538; 

621098,4183711; 621050,4183843; 

621031,4184097; 621241,4184338; 

621139,4184357; 621006,4184237; 

620949,4184103; 620949,4183835; 

620983,4183702; 621309,4183387; 

621332,4183208; 621247,4183062; 

621234,4182871; 621347,4182624; 

621380,4182609; 621400,4182556; 

621389,4182512; 621238,4182326; 

621169,4182277; 621146,4182237; 

621203,4182212; 621140,4182070; 

621049,4181958; 621071,4181920; 

621203,4181983; 621390,4182187; 

621500,4182201; 621508,4182234; 

621462,4182320; 621555,4182405; 

621608,4182406; 621772,4182312; 

622035,4182252; 622121,4182186; 

622129,4182128; 622076,4182055; 

621966,4181995; 621990,4181963; 

622087,4181953; 622193,4182005; 

622344,4182150; 622373,4182150; 

622324,4181968; 622489,4182014; 

622512,4181967; 622438,4181807; 

622507,4181784; 622607,4181864; 

622646,4181844; 622646,4181772; 

622586,4181578; 622576,4181510; 

622593,4181479; 622690,4181578; 

622756,4181595; 622746,4181709; 

622829,4181733; 622898,4181650; 

623013,4181402; 622971,4181220; 

623021,4181194; 623122,4181313; 

623190,4181189; 623441,4180906; 

623501,4180763; 623628,4180649; 

624135,4180591; 624429,4180624; 

624619,4180516; 624856,4180172; 

624907,4179859; 625025,4179696; 

625203,4179620; 625248,4179512; 

625271,4179192; 625357,4179099; 

625221,4179013; 625094,4178683; 

624999,4178137; 624186,4177959; 

623602,4177870; 623284,4177769; 

622719,4177737; 621971,4177625; 

621163,4177429; 621071,4177365; 

621001,4177389; 620839,4177350; 

620531,4177175; 620338,4176956; 

620073,4176555; 619557,4176372; 


sroberts on DSKD5P82C1PROD with RULES
12904 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

619398,4176387; 618445,4175921; 

617741,4175699; 617214,4175661; 

616985,4175845; 616827,4175893; 

616726,4176023; 616595,4176069; 

616465,4175916; 616300,4175916; 

616199,4175967; 615952,4175987; 

615645,4175956; 615550,4175968; 

615445,4176022; 615277,4176155; 

615204,4176187; 615014,4176190; 

614869,4176077; 614818,4175888; 

614818,4175781; 614758,4175694; 

614621,4175571; 614115,4175445; 

613667,4175272; 613613,4176416; 

613543,4176702; 612845,4176702; 

612559,4176794; 612400,4176791; 

612405,4176585; 612468,4176496; 

612180,4176347; 612010,4176352; 

612010,4176485; 611878,4176498; 

611851,4176683; 611698,4176683; 

611670,4176703; 611263,4176692; 

611257,4176915; 611178,4176961; 

611109,4177229; 610888,4177229; 

610888,4177496; 611059,4177908; 

611149,4177904; 611195,4177958; 

611343,4178037; 611193,4178156; 

611193,4178602; 611068,4178930; 

610967,4179021;610819,4179105; 

610460,4179200; 610330,4179268; 

609942,4179653; 609884,4179675; 

609747,4179649; 609678,4179584; 

609502,4179091; 609208,4179078; 

609149,4178483; 608938,4178402; 

608889,4178405; 608832,4178467; 

608803,4178607; 608865,4178832; 

608944,4178926; 609022,4179100; 

609060,4179514; 608923,4179877; 

607783,4179877; 607783,4180239; 

607592,4180175; 607605,4179870; 

607484,4179865; 607370,4179978; 

606881,4179934; 606870,4179354; 

607316,4178848; 607596,4178386; 

607665,4178177; 607653,4177923; 

607603,4177779; 607537,4177711; 

607502,4177695; 607417,4177711; 

607172,4177871; 607079,4177880; 

606952,4177811; 607119,4177617; 

607167,4177594; 607178,4177547; 

607313,4177374; 607361,4177193; 

607383,4176794; 607422,4176549; 

607376,4176262; 607269,4175975; 

607245,4175797; 607203,4175727; 

607089,4175779; 606953,4175988; 

606888,4175970; 606501,4175670; 

606083,4175437; 605976,4175309; 

605778,4174901; 605660,4174762; 

605340,4174590; 605260,4174590; 

605062,4175042; 604508,4175020; 

604524,4174007; 603715,4173996; 

603645,4173682; 603510,4173621; 

603327,4173595; 603249,4173617; 

603170,4173716; 602842,4173817; 

602840,4173677; 602595,4173680; 

602368,4173630; 602125,4173622; 

601350,4173736; 601331,4173978; 

601403,4174098; 601431,4174282; 

601370,4174292; 601409,4174480; 

601336,4174586; 601270,4174580; 

601326,4174955; 601262,4175552; 

601290,4175975; 601215,4176027; 

601041,4176273; 600792,4176312; 

600663,4176411; 600507,4176407; 

600411,4176520; 600516,4176742; 

600494,4176951; 600239,4177033; 

600094,4177043; 599730,4176899; 

599700,4176852; 599576,4176774; 

599452,4176577; 599452,4176098; 

599402,4176098; returning to 

599361,4176006. Excluding: 

622742,4184043; 622742,4183973; 

623170,4183986; 623154,4184309; 

622828,4184300; 622828,4184064; 

returning to 622742,4184043. 

(iii) Note: Map of Unit CCS-2, 

subunits CCS-2A and CCS-2B, for the 

California red-legged frog follows: 

BILLING CODE 4310–55–S 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12905 


sroberts on DSKD5P82C1PROD with RULESER17MR10.013</GPH>
12906 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

(26) Unit ALA-1: Alameda and Contra 

Costa Counties, California. 

(i) Subunit ALA-1A. From USGS 

1:24,000 scale quadrangles Hayward 

and Dublin. Land bounded by the 

following UTM Zone 10, NAD83 

coordinates (E,N): 589322,4176556; 

589405,4176494; 589496,4176505; 

589924,4176319; 589935,4176295; 

590430,4176229; 590671,4176222; 

591266,4175498; 591719,4174774; 

591948,4174305; 591853,4174108; 

591642,4173986; 591604,4173865; 

591542,4173820; 591545,4173707; 

591486,4173693; 591355,4173389; 

591499,4173241; 591694,4173149; 

591840,4172933; 591448,4172833; 

590725,4172829; 589688,4172994; 

589054,4173369; 588658,4173519; 

588382,4173575; 588034,4173607; 

587897,4173519; 587616,4173529; 

587503,4173596; 587361,4173580; 

587265,4173454; 587091,4173433; 

586954,4173495; 586775,4173449; 

586544,4173495; 586531,4173449; 

586293,4173369; 586242,4173425; 

586242,4173859; 586210,4173945; 

586247,4174005; 586500,4174070; 

586630,4174164; 587008,4174540; 

587167,4174927; 587446,4175244; 

587548,4175454; 587414,4175727; 

587586,4176114; 587681,4176546; 

587654,4176671; 587794,4176717; 

587912,4176814; 588009,4176960; 

588352,4177224; 588496,4177249; 

588745,4177130; 588812,4177013; 

588827,4176886; 588916,4176782; 

589103,4176705; returning to 

589322,4176556. 

(ii) Subunit ALA-1B. From USGS 

1:24,000 scale quadrangles Hayward, 

Newark, Dublin and Niles. Land 

bounded by the following UTM Zone 

10, NAD83 coordinates (E,N): 

588321,4173181; 588639,4173092; 

589000,4172905; 589752,4172727; 

589798,4172674; 589766,4172519; 

590315,4172407; 590489,4172393; 

591221,4172426; 591396,4172458; 

591606,4172445; 592102,4172231; 

592172,4172044; 592189,4171371; 

592042,4171279; 592151,4170380; 

592223,4170274; 592266,4169980; 

592295,4169974; 592376,4169868; 

592356,4169776; 592382,4169675; 

592366,4169540; 592758,4169210; 

592904,4169127; 593012,4169114; 

593047,4169002; 592837,4168532; 

592484,4168000; 592339,4168097; 

592026,4168424; 591967,4168457; 

591926,4168450; 591490,4168898; 

591583,4168715; 591600,4168604; 

591552,4168555; 591445,4168506; 

591391,4168384; 591375,4168229; 

591314,4168047; 591180,4167755; 

591302,4167480; 591364,4167166; 

591324,4167114; 590985,4166944; 

590847,4166939; 590568,4166990; 

590483,4166904; 590440,4166758; 

590366,4166722; 590240,4166746; 

590127,4166801; 590009,4166810; 

589907,4166736; 589879,4166634; 

589923,4166536; 589913,4166354; 

589951,4166210; 589925,4166027; 

589834,4165738; 589459,4165656; 

589211,4165548; 589046,4165281; 

588824,4165281; 588533,4165134; 

588437,4164907; 588163,4164532; 

587725,4164310; 587497,4164106; 

587332,4163903; 587131,4163906; 

586555,4163647; 586163,4163992; 

586062,4164145; 585877,4164291; 

585839,4164456; 585687,4164710; 

585560,4165078; 585538,4165286; 

585395,4165510; 585247,4165573; 

585201,4165782; 585288,4165951; 

585380,4166061; 585520,4166085; 

585508,4166256; 585528,4166374; 

585693,4166513; 585897,4166640; 

585970,4166766; 586129,4166878; 

586344,4166952; 586414,4167028; 

587090,4167066; 587119,4167029; 

587158,4167029; 587452,4166869; 

587732,4166767; 587973,4166786; 

588170,4166970; 588155,4167200; 

587681,4167758; 587459,4168183; 

587133,4168507; 586360,4168839; 

586047,4169778; 586218,4170240; 

586313,4170161; 586909,4170161; 

587125,4170201; 587109,4170285; 

586997,4170377; 586969,4170461; 

587015,4170485; 587041,4170593; 

586953,4170669; 586905,4170757; 

586805,4170789; 586701,4170933; 

586613,4171125; 586609,4171265; 

586467,4171532; 586545,4171729; 

586438,4172049; 586603,4172104; 

586673,4172189; 586317,4172358; 

586229,4172533; 586556,4173120; 

586809,4173225; 587468,4173169; 

587883,4173268; 588111,4173240; 

returning to 588321,4173181. 

(iii) Note: Map of Unit ALA-1, 

subunits ALA-1A and ALA-1B, for the 

California red-legged frog follows: 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12907 

BILLING CODE 4310–55–C 


sroberts on DSKD5P82C1PROD with RULESER17MR10.014</GPH>
12908 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

(27) Unit ALA-2: Alameda, Santa 

Clara and San Joaquin Counties, 

California. From USGS 1:24,000 scale 

quadrangles Niles, La Costa Valley, 

Calaveras Reservoir, Altamont, 

Mendenhall Springs, Mt. Day, Midway, 

Cedar Mtn., Tracy, Lone Tree Creek and 

Eylar Mountain. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 612040,4142329; 

612012,4142381; 611689,4142634; 

611459,4142899; 611408,4142925; 

611372,4142893; 611151,4142845; 

610999,4142707; 610789,4142438; 

610751,4142259; 610676,4142133; 

610614,4142075; 610415,4141989; 

610315,4141978; 610194,4142032; 

610088,4142027; 610012,4142113; 

609851,4142170; 609797,4142102; 

609743,4141951; 609564,4141864; 

609511,4141864; 609375,4141928; 

609329,4141976; 609302,4142219; 

609083,4142211; 608996,4142296; 

608848,4142388; 608741,4142579; 

608679,4142620; 608587,4142636; 

608300,4142611; 607907,4142380; 

607725,4142387; 607382,4142516; 

607250,4142594; 607141,4142701; 

606927,4142780; 606795,4142870; 

606679,4142882; 606543,4142829; 

606416,4142871; 606314,4142929; 

606224,4143019; 606057,4143065; 

605791,4143243; 605701,4143423; 

605554,4143520; 605210,4143551; 

605067,4143500; 604810,4143466; 

604716,4143478; 604622,4143530; 

604624,4143653; 604557,4143790; 

604374,4143877; 604337,4143986; 

604155,4144066; 603854,4144086; 

603712,4144172; 603514,4144160; 

603469,4144204; 603430,4144299; 

603248,4144436; 603200,4144536; 

603197,4144624; 603256,4144680; 

603339,4144934; 603197,4145061; 

603314,4145117; 603550,4145109; 

603669,4145241; 603714,4145425; 

603787,4145493; 603795,4145566; 

603837,4145620; 604148,4145841; 

604353,4145949; 604472,4145956; 

604495,4145903; 604643,4145908; 

604707,4145860; 604790,4145919; 

605318,4145910; 605495,4145971; 

605524,4145952; 605593,4145960; 

605658,4145913; 605722,4145903; 

605837,4146012; 605829,4146068; 

605639,4146251; 605594,4146337; 

605663,4146343; 605738,4146225; 

605845,4146183; 605916,4146229; 

605801,4146507; 605762,4146550; 

605428,4146660; 605483,4146707; 

605416,4146780; 605464,4146836; 

605387,4146944; 605365,4147079; 

605394,4147165; 605442,4147212; 

605552,4147114; 605551,4147218; 

605593,4147302; 605336,4147373; 

605322,4147431; 605352,4147500; 

605277,4147575; 605329,4147701; 

605256,4147690; 605245,4147738; 

605214,4147753; 605096,4147703; 

605044,4147733; 605034,4147773; 

605096,4147840; 605096,4147871; 

604965,4147973; 604914,4148051; 

604845,4148083; 604885,4148277; 

604991,4148413; 605033,4148434; 

605095,4148424; 605127,4148265; 

605251,4148083; 605431,4148129; 

605537,4148188; 605655,4148273; 

605818,4148448; 606075,4148398; 

606331,4148228; 606492,4148189; 

606493,4148131; 606428,4148018; 

606466,4147818; 606599,4147772; 

606755,4147834; 606834,4147825; 

606980,4147710; 607100,4147683; 

607329,4147689; 607345,4147608; 

607317,4147567; 607349,4147443; 

607255,4147276; 607243,4147215; 

607251,4147137; 607316,4147026; 

607487,4147002; 607524,4147018; 

607557,4147061; 607569,4147349; 

607611,4147397; 607996,4147308; 

608117,4147213; 608174,4147074; 

608207,4147072; 608169,4147104; 

608103,4147246; 608026,4147319; 

607940,4147361; 607568,4147455; 

607508,4147378; 607463,4147091; 

607430,4147073; 607361,4147095; 

607345,4147122; 607361,4147285; 

607416,4147398; 607414,4147743; 

607371,4147778; 607304,4147790; 

607048,4147807; 606761,4147977; 

606612,4147924; 606576,4147974; 

606641,4148036; 606650,4148153; 

606567,4148327; 606317,4148401; 

606245,4148473; 606127,4148523; 

606022,4148618; 606011,4148697; 

605972,4148760; 605956,4148648; 

605875,4148588; 605794,4148552; 

605740,4148579; 605677,4148566; 

605645,4148530; 605425,4148449; 

605302,4148488; 605261,4148568; 

605078,4148759; 604968,4148794; 

604811,4148733; 604743,4148753; 

604626,4148724; 604618,4148800; 

604509,4148765; 604453,4148777; 

604411,4148891; 604307,4148872; 

604115,4148999; 604035,4149085; 

604024,4149133; 604042,4149326; 

604139,4149315; 604097,4149449; 

604123,4149581; 604103,4149599; 

604101,4149703; 604131,4149764; 

604225,4149775; 604253,4149801; 

604388,4149988; 604441,4150019; 

604438,4150052; 604397,4150085; 

604375,4150151; 604142,4150150; 

604089,4150109; 603999,4150169; 

603908,4150143; 603794,4150164; 

603778,4150233; 603721,4150298; 

603693,4150280; 603707,4150191; 

603646,4150211; 603615,4150238; 

603609,4150314; 603550,4150375; 

603499,4150366; 603474,4150381; 

603465,4150437; 603404,4150447; 

603348,4150592; 603203,4151558; 

603140,4151552; 603093,4151598; 

602802,4151744; 602597,4151755; 

602487,4151789; 602423,4151775; 

602339,4151609; 602165,4151495; 

602039,4151369; 601813,4151278; 

601645,4151127; 601369,4151014; 

601287,4150951; 601305,4150919; 

601463,4150837; 601460,4150773; 

601374,4150664; 600991,4150604; 

600900,4150486; 600709,4150330; 

600593,4150316; 600405,4150249; 

600286,4150258; 600228,4150285; 

600135,4150455; 599878,4150496; 

599744,4150676; 599763,4150829; 

599721,4150914; 599715,4151215; 

599571,4151627; 599425,4151760; 

599256,4151991; 598935,4152325; 

598994,4152320; 599022,4152342; 

599297,4152714; 599395,4153026; 

599416,4153204; 599523,4153331; 

599517,4153429; 599553,4153602; 

599451,4153719; 599339,4153768; 

599384,4153847; 599517,4153896; 

599586,4154036; 599657,4154112; 

599674,4154219; 599658,4154487; 

599787,4154525; 599832,4154564; 

599890,4154672; 600055,4154874; 

600151,4154920; 600292,4154897; 

600382,4154931; 600844,4154804; 

600949,4154802; 601259,4154869; 

601469,4154994; 601548,4155076; 

601597,4155224; 601511,4155405; 

601693,4155514; 601743,4155684; 

601817,4155756; 601782,4155824; 

601798,4155853; 601877,4155865; 

602072,4156065; 602136,4156056; 

602233,4155908; 602310,4155871; 

602656,4155945; 602838,4156068; 

602813,4156118; 602652,4156215; 

602583,4156379; 602431,4156538; 

602419,4156664; 602388,4156715; 

602257,4156867; 601881,4157136; 

601861,4157211; 601941,4157456; 

601943,4157586; 601992,4157658; 

601991,4157850; 601808,4158002; 

601645,4158526; 601585,4158580; 

601470,4158625; 601408,4158719; 

601423,4158781; 601512,4158831; 

601622,4158758; 601752,4158717; 

601898,4158596; 602033,4158637; 

602067,4158587; 602086,4158475; 

602142,4158584; 602282,4158604; 

602297,4158635; 602321,4158635; 

602311,4158415; 602331,4158379; 

602437,4158596; 602558,4158545; 

602650,4158451; 602706,4158308; 

602805,4158219; 602926,4158054; 

603037,4158013; 602827,4158277; 

602648,4158679;602798,4158650; 

603040,4158674; 602776,4158754; 

602703,4158797; 602703,4158879; 

602810,4158896; 602805,4158971; 

602894,4158933; 602923,4158841; 

603015,4158899; 603083,4158860; 

603129,4158889; 603216,4158884; 

603214,4158913; 603098,4158945; 

602965,4159029; 603073,4159117; 

603168,4159046; 603185,4159071; 

603250,4159068; 603265,4159087; 

603168,4159143; 603236,4159172; 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12909 

603461,4159032; 603492,4158860; 

603538,4158766; 603550,4158928; 

603741,4158838; 603741,4158877; 

603613,4158981; 603543,4159097; 

603565,4159141; 603678,4159218; 

603732,4159221; 603751,4159250; 

603659,4159274; 603478,4159165; 

603417,4159206; 603417,4159240; 

603366,4159242; 603282,4159308; 

603475,4159334; 603487,4159361; 

603676,4159424; 603666,4159470; 

603690,4159513; 603897,4159734; 

603965,4159654; 604021,4159650; 

603961,4159728; 603949,4159767; 

603970,4159788; 604166,4159765; 

604156,4159788; 604023,4159840; 

603891,4159842; 603843,4159867; 

603860,4160059; 603916,4160117; 

603934,4160229; 604036,4160251; 

604063,4160345; 604119,4160411; 

604402,4160462; 604532,4160438; 

604539,4160396; 604611,4160425; 

604785,4160307; 604836,4160247; 

604959,4160235; 604961,4160328; 

604907,4160415; 604799,4160508; 

604896,4160510; 604990,4160481; 

605025,4160446; 605052,4160454; 

605049,4160535; 605091,4160560; 

605099,4160638; 605188,4160556; 

605161,4160369; 605207,4160208; 

605432,4160204; 605639,4160059; 

605658,4160065; 605647,4160127; 

605589,4160148; 605664,4160156; 

605668,4160177; 605558,4160196; 

605517,4160266; 605412,4160355; 

605356,4160371; 605354,4160429; 

605418,4160492; 605416,4160574; 

605383,4160611; 605329,4160769; 

605097,4160903; 604896,4160982; 

604898,4161015; 605031,4161075; 

605211,4161062; 605250,4161083; 

605354,4161052; 605393,4161125; 

605321,4161083; 605248,4161139; 

605229,4161104; 605078,4161129; 

605130,4161201; 605116,4161213; 

604965,4161110; 604882,4161098; 

604849,4161211; 604830,4161106; 

604725,4161094; 604719,4161145; 

604772,4161251; 604743,4161387; 

604836,4161458; 604840,4161588; 

604785,4161648; 604674,4161661; 

604643,4161706; 604539,4161905; 

604530,4162062; 604477,4162055; 

604402,4161896; 604331,4161865; 

604293,4161816; 604201,4161825; 

604223,4162298; 604245,4162381; 

604326,4162500; 604256,4162686; 

604287,4163126; 604402,4163244; 

604489,4163238; 604534,4163384; 

604453,4163523; 604392,4163562; 

604261,4163606; 604110,4163595; 

604048,4163634; 603989,4163770; 

603966,4163928; 604037,4164092; 

604238,4164099; 604777,4164253; 

604854,4164136; 604916,4164096; 

604969,4164096; 605148,4164169; 

605350,4164352; 605649,4164257; 

605875,4164270; 606040,4164321; 

606197,4164286; 606378,4164305; 

606748,4164218; 606807,4164177; 

606956,4163861; 607033,4163799; 

607137,4163817; 607200,4163795; 

607268,4163723; 607406,4163317; 

607437,4163070; 607399,4162974; 

607509,4162882; 607489,4162781; 

607497,4162559; 607612,4162491; 

607662,4162347; 607884,4162241; 

607987,4162290; 608041,4162397; 

608293,4162412; 608369,4162379; 

608463,4162419; 608631,4162415; 

608789,4162338; 608939,4162358; 

609035,4162342; 609251,4162174; 

609303,4162095; 609507,4162059; 

609821,4161959; 609961,4161787; 

610119,4161756; 610377,4161516; 

610474,4161581; 610495,4161639; 

610408,4161802; 610304,4161934; 

610281,4162055; 610366,4162111; 

610529,4162091; 610616,4162113; 

610662,4162180; 610689,4162326; 

610174,4162444; 610131,4162487; 

610080,4162627; 609932,4162662; 

609887,4162694; 609833,4162853; 

609836,4162929; 609999,4163118; 

610132,4163212; 610249,4163343; 

610316,4163543; 610317,4163675; 

610415,4163690; 610523,4163664; 

610579,4163673; 610592,4163705; 

610595,4163608; 610668,4163472; 

610657,4163365; 610744,4163376; 

610786,4163237; 610819,4163245; 

610831,4163322; 610873,4163365; 

610965,4163326; 611159,4163301; 

611202,4163271; 611290,4163341; 

611432,4163346; 611461,4163328; 

611474,4163252; 611534,4163149; 

611593,4163114; 611595,4162990; 

611636,4162967; 611635,4162879; 

611702,4162824; 611806,4162617; 

611790,4162515; 611874,4162493; 

611875,4162422; 611979,4162414; 

612067,4162316; 612076,4162260; 

612130,4162220; 612151,4162172; 

612272,4162060; 612422,4161996; 

612454,4161956; 612432,4161882; 

612311,4161816; 612309,4161796; 

612413,4161792; 612514,4161819; 

612591,4161744; 612678,4161700; 

612661,4161344; 612611,4161249; 

612715,4161266; 612821,4161156; 

612964,4161105; 613031,4161029; 

613138,4161026; 613391,4160895; 

613523,4160757; 613511,4160668; 

613568,4160646; 613630,4160685; 

613909,4160554; 614053,4160437; 

614094,4160428; 614139,4160301; 

614169,4160307; 614196,4160383; 

614239,4160384; 614317,4160278; 

614319,4160159; 614374,4160203; 

614410,4160204; 614588,4159980; 

614786,4159869; 614999,4159887; 

615160,4159798; 615214,4159743; 

615218,4159659; 615277,4159609; 

615382,4159585; 615451,4159520; 

615506,4159445; 615511,4159244; 

615627,4159137; 615734,4159077; 

615774,4158966; 615883,4158975; 

615967,4158961; 616016,4158926; 

616001,4158756; 616053,4158653; 

616070,4158533; 615937,4158437; 

615937,4158415; 615976,4158395; 

616031,4158406; 616342,4158535; 

616404,4158655; 616395,4158754; 

616189,4158934; 615951,4159202; 

615675,4159338; 615628,4159393; 

615652,4159505; 615754,4159626; 

615705,4159877; 615559,4159969; 

615593,4160096; 615699,4160258; 

615689,4160306; 615558,4160205; 

615507,4160217; 615249,4160467; 

615111,4160529; 615021,4160616; 

614906,4160648; 614920,4160732; 

614847,4160690; 614743,4160701; 

614584,4160803; 614304,4160664; 

614064,4160734; 613882,4160844; 

613864,4160886; 613915,4161004; 

613815,4160942; 613708,4160968; 

613663,4161051; 613668,4161227; 

613605,4161238; 613532,4161329; 

613395,4161296; 613163,4161379; 

613047,4161352; 612998,4161367; 

612939,4161432; 612944,4161612; 

612978,4161702; 613114,4161754; 

613228,4161830; 613321,4161841; 

613475,4161930; 613497,4161981; 

613561,4161990; 613692,4162073; 

613696,4162098; 613638,4162100; 

613494,4162045; 613460,4162092; 

613345,4161966; 613160,4161935; 

613159,4161989; 613267,4162112; 

613258,4162204; 613178,4162261; 

613202,4162353; 613153,4162408; 

613107,4162415;613065,4162384; 

612971,4162367; 612965,4162405; 

613007,4162469; 612951,4162479; 

612958,4162555; 613039,4162719; 

612954,4162672; 612887,4162714; 

612906,4162615; 612858,4162607; 

612862,4162536; 612811,4162530; 

612828,4162406; 612785,4162380; 

612763,4162329; 612755,4162219; 

612699,4162213; 612556,4162267; 

612445,4162380; 612461,4162466; 

612390,4162486; 612328,4162551; 

612320,4162607; 612395,4162681; 

612401,4162753; 612378,4162757; 

612331,4162701; 612207,4162658; 

611973,4162868; 611902,4162989; 

611866,4163202; 611963,4163186; 

611988,4163229; 612087,4163253; 

612086,4163284; 611964,4163330; 

611963,4163361; 612087,4163424; 

612048,4163469; 612045,4163509; 

612058,4163647; 612090,4163723; 

612163,4163755; 612358,4163623; 

612384,4163735; 612386,4163768; 

612305,4163788; 612327,4163851; 

612240,4163863; 612260,4163916; 

612234,4163959; 612005,4163966; 

611979,4163991; 612006,4164052; 

612201,4164101; 612211,4164122; 

612096,4164150; 612075,4164211; 

612052,4164216; 612002,4164154; 

611921,4164153; 611912,4164224; 


sroberts on DSKD5P82C1PROD with RULES
12910 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

611872,4164228; 611848,4164271; 

611877,4164368; 611877,4164399; 

611851,4164401; 611764,4164288; 

611744,4164277; 611685,4164322; 

611655,4164291; 611673,4164238; 

611745,4164188; 611741,4164148; 

611596,4164163; 611533,4164124; 

611510,4164137; 611475,4164248; 

611474,4164324; 611419,4164405; 

611369,4164404; 611366,4164246; 

611259,4164224; 611307,4164106; 

611154,4163999; 611074,4163841; 

611001,4163839; 610927,4163872; 

610880,4163980; 611039,4164436; 

611135,4164568; 611250,4164665; 

611276,4164742; 611299,4164750; 

611417,4164686; 611517,4164715; 

611877,4164958; 612038,4164886; 

612296,4164820; 612347,4164780; 

612407,4164645; 612647,4164556; 

612875,4164171; 612995,4164092; 

613061,4163899; 613180,4163791; 

613271,4163581; 613617,4163370; 

613818,4163372; 613863,4163331; 

613895,4163203; 613918,4163188; 

614088,4163210; 614324,4163351; 

614453,4163275; 614626,4163296; 

614666,4163414; 614856,4163572; 

614869,4163807; 614964,4163865; 

615129,4163865; 615251,4163719; 

615688,4163445; 616025,4163376; 

616264,4163384; 616374,4163496; 

616273,4163596; 615872,4163712; 

615829,4163887; 615321,4164105; 

614755,4164569; 614749,4164767; 

614831,4164944; 614654,4165026; 

614436,4165689; 614437,4165903; 

614928,4165903; 615345,4165598; 

615550,4165937; 615503,4166296; 

615732,4166487; 615913,4166505; 

616346,4167008; 617079,4167466; 

617161,4167694; 617282,4167808; 

617685,4167845; 617722,4167868; 

617791,4167845; 618542,4167827; 

618910,4167557; 619378,4167402; 

619738,4167192; 620013,4167100; 

620140,4167117; 620246,4167338; 

620119,4167637; 619714,4167794; 

619300,4168266; 619052,4168672; 

618735,4168989; 618678,4169104; 

618172,4169787; 617995,4170301; 

617442,4170382; 617100,4170624; 

616950,4170652; 616831,4170719; 

616555,4171289; 616503,4171452; 

616564,4171666; 616895,4171920; 

616821,4172319; 616570,4172325; 

616497,4172427; 616466,4172568; 

616555,4172634; 616539,4172754; 

616454,4172763; 616429,4172996; 

616084,4173186; 616089,4173209; 

616012,4173321; 615823,4173370; 

615795,4173413; 615698,4173413; 

615541,4173562; 615595,4173691; 

615669,4173698; 615657,4173836; 

615759,4174079; 615732,4174234; 

615848,4174335; 615749,4174500; 

615756,4174555; 615850,4174586; 

615884,4174669; 615890,4174767; 

615741,4174884; 615691,4174984; 

616109,4175483; 616349,4175539; 

617074,4175362; 617379,4175216; 

617766,4175316; 618401,4175381; 

618446,4175547; 620310,4176319; 

620776,4176912; 621036,4177108; 

621473,4177190; 622154,4177242; 

622497,4177318; 622691,4177393; 

623360,4177451; 624015,4177665; 

625449,4178004; 625762,4177489; 

626189,4177521; 626257,4177554; 

626311,4177469; 626437,4177148; 

626561,4176510; 626532,4176306; 

626438,4176248; 626132,4176243; 

625961,4176202; 625907,4176037; 

626005,4175816; 626053,4175640; 

626277,4175140; 626234,4175070; 

626115,4174713; 626135,4174197; 

626968,4173820; 627405,4173998; 

628873,4173959; 629548,4174058; 

630024,4174058; 630461,4173998; 

630850,4173810; 631367,4173496; 

631624,4173272; 631969,4172827; 

632177,4172507; 632469,4172176; 

632866,4171580; 633332,4171086; 

633589,4170893; 634348,4169941; 

634544,4169640; 634643,4169401; 

634311,4169041; 634104,4168872; 

633965,4168813; 633458,4168704; 

633211,4168586; 633149,4168471; 

633108,4168299; 633101,4167912; 

633166,4167824; 633425,4167943; 

633525,4168027; 633556,4168078; 

633627,4168434; 633751,4168565; 

634026,4168402; 634183,4168410; 

634260,4168368; 634339,4168285; 

634380,4168195; 634404,4167792; 

634441,4167676; 634312,4167513; 

634247,4167338; 634248,4167274; 

634433,4166949; 634491,4166914; 

634591,4166641; 634651,4166578; 

634775,4166559; 634813,4166500; 

634945,4166407; 634982,4166274; 

635134,4166039; 635193,4166018; 

635339,4166026; 635436,4166172; 

635755,4166100; 635700,4165993; 

635691,4165894; 635833,4165753; 

636016,4165716; 636064,4165670; 

636114,4165539; 636258,4165403; 

636260,4165303; 636477,4165075; 

636521,4164927; 636584,4164836; 

636653,4164490; 636339,4164170; 

635862,4163958; 635734,4163921; 

635562,4163936; 635496,4163921; 

635355,4163786; 635276,4163743; 

635081,4163725; 635051,4163743; 

635046,4163613; 634982,4163466; 

635041,4163309; 634993,4163253; 

634854,4163205; 634732,4163063; 

634741,4163023; 634840,4162913; 

634801,4162849; 634805,4162736; 

634718,4162574; 634607,4162475; 

634575,4162358; 634477,4162212; 

634562,4162117; 634646,4162069; 

634842,4162053; 635096,4161977; 

635302,4161943; 635667,4161777; 

635742,4161773; 636069,4161897; 

636215,4161871; 636391,4161768; 

636343,4161499; 636488,4161367; 

636505,4161281; 636375,4161122; 

636210,4160834; 636051,4160777; 

635924,4160628; 635808,4160589; 

635644,4160626; 635525,4160703; 

635390,4160729; 635113,4160859; 

634925,4160843; 634746,4160904; 

634644,4160981; 634582,4161068; 

634259,4161244; 634069,4161303; 

633923,4161417; 633779,4161457; 

633667,4161542; 633555,4161531; 

633388,4161453; 632937,4161306; 

632800,4161371; 632713,4161385; 

632487,4161344; 632215,4161558; 

632083,4161449; 631968,4161416; 

631869,4161342; 631799,4161100; 

631807,4160972;631788,4160935; 

631345,4160821; 631146,4160825; 

630921,4160773; 630897,4160466; 

630917,4160371; 630973,4160314; 

630956,4160241; 630838,4160218; 

630643,4160290; 630537,4160241; 

630354,4160270; 630250,4160169; 

630145,4160113; 630088,4159996; 

629833,4159832; 629707,4159689; 

629552,4159394; 629602,4159258; 

629583,4159103; 629526,4159075; 

629357,4159113; 629298,4159097; 

628603,4158708; 628420,4158526; 

628172,4157726; 628567,4155976; 

628195,4155657; 627118,4155118; 

626866,4154744; 626072,4154665; 

625607,4155084; 625524,4154995; 

625513,4154941; 625536,4154846; 

625599,4154744; 625493,4154679; 

625463,4154608; 625490,4154496; 

625541,4154421; 625550,4154238; 

625740,4154018; 625739,4153961; 

625633,4153790; 625526,4153735; 

625220,4153646; 625204,4153582; 

625139,4153501; 625159,4153319; 

625017,4153337; 624952,4153321; 

624866,4153269; 624748,4153146; 

624737,4153000; 624671,4152882; 

624377,4152543; 624319,4152300; 

624290,4152255; 624165,4152183; 

624012,4152192; 623913,4152153; 

623832,4152011; 623618,4151858; 

623541,4151842; 623448,4151871; 

623269,4151759; 623162,4151743; 

623100,4151695; 622804,4151586; 

622730,4151531; 622674,4151396; 

622665,4151241; 622583,4151034; 

622587,4150819; 622617,4150679; 

622450,4150382; 622197,4150260; 

622030,4150280; 621804,4150082; 

621625,4150040; 621396,4150024; 

621330,4149996; 621248,4149920; 

621154,4149738; 620947,4149601; 

620818,4149560; 620754,4149493; 

620636,4149276; 620256,4149217; 

620137,4149231; 620012,4149280; 

619945,4149270; 619596,4149026; 

619495,4148997; 619459,4148942; 

619254,4148825; 619118,4148793; 

619087,4148700; 618666,4148833; 

617890,4148580; 617797,4148216; 

617361,4148176; 616645,4148456; 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12911 

616250,4148335; 616166,4148424; 

616047,4148593; 616039,4148704; 

615966,4148768; 615968,4148808; 

616331,4149065; 616490,4149268; 

616506,4149456; 616416,4149564; 

616424,4149735; 616405,4149809; 

616359,4149879; 616255,4149959; 

616202,4150114; 616048,4150176; 

616006,4150223; 615856,4150630; 

615749,4150763; 615624,4150797; 

615366,4150793; 615278,4150702; 

615254,4150704; 615114,4150959; 

614994,4151014; 614893,4151097; 

614906,4151187; 614664,4151097; 

614394,4151118; 614196,4151102; 

614139,4151111; 613932,4151244; 

613819,4151240; 613707,4151302; 

613490,4151198; 613287,4150929; 

613057,4150951; 612955,4150900; 

612878,4150824; 612817,4150663; 

612550,4150498; 612364,4150441; 

612168,4150495; 612127,4150474; 

611931,4150091; 611765,4150016; 

611693,4149948; 611663,4149850; 

611696,4149683; 611658,4149539; 

611420,4149275; 611265,4149211; 

611223,4149172; 611197,4148882; 

611156,4148715; 610957,4148293; 

610880,4148036; 610929,4147898; 

611187,4147546; 611249,4147572; 

611377,4147569; 611584,4147462; 

611676,4147475; 611780,4147420; 

611979,4147091; 612299,4147084; 

612468,4146929; 612585,4146887; 

612734,4146894; 612815,4147009; 

612914,4146974; 612996,4146904; 

613008,4146804; 613095,4146713; 

613126,4146601; 613342,4146462; 

613413,4146384; 613500,4146065; 

613687,4146076; 613806,4146015; 

613904,4145888; 613935,4145803; 

614183,4145527; 614240,4145531; 

614497,4145391; 614524,4145292; 

614580,4145250; 614664,4145233; 

614893,4145270; 615411,4145165; 

615464,4144957; 615626,4144771; 

615644,4144645; 615490,4144251; 

615387,4144182; 615268,4144252; 

615163,4144353; 615120,4144355; 

614983,4144207; 614904,4144173; 

614659,4144184; 614240,4144101; 

613823,4144161; 613678,4144033; 

613402,4144076; 613126,4143957; 

613071,4143816; 613088,4143711; 

613063,4143570; 612942,4143405; 

612758,4142885; 612658,4142813; 

612574,4142655; 612371,4142458; 

612237,4142374; returning to 

612040,4142329. 

(ii) Note: Map of Unit ALA-2 for the 

California red-legged frog follows: 

BILLING CODE 4310–55–S 


sroberts on DSKD5P82C1PROD with RULES
12912 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

BILLING CODE 4310–55–C 


sroberts on DSKD5P82C1PROD with RULESER17MR10.015</GPH>
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12913 

(28) Unit SNM-1: San Mateo County, 

California. From USGS 1:24,000 scale 

quadrangles Montara Mountain, Half 

Moon Bay, San Mateo and Woodside. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 547630,4164045; 

547744,4163977; 547818,4163983; 

547963,4163840; 548003,4163821; 

548075,4163840; 548154,4163787; 

548153,4163732; 548244,4163618; 

548399,4163493; 548584,4163581; 

548727,4163782; 549022,4163842; 

549445,4163265; 549662,4163019; 

549773,4162861; 549895,4162605; 

550021,4162446; 550354,4162086; 

550600,4161758; 551542,4160713; 

551788,4160393; 551799,4160319; 

551944,4160134; 552084,4160038; 

552243,4159834; 552407,4159687; 

552523,4159489; 552902,4158657; 

553256,4158186; 553696,4157816; 

553834,4157670; 553823,4157626; 

553845,4157594; 553929,4157579; 

554007,4157453; 554066,4157221; 

554201,4157191; 554220,4157113; 

554166,4157054; 554193,4156993; 

554257,4156937; 554333,4156948; 

554427,4156913; 554508,4156694; 

554629,4156541; 554593,4156418; 

554660,4156373; 554607,4156236; 

554715,4156157; 554745,4156059; 

554851,4155898; 554808,4155832; 

554829,4155792; 555118,4155748; 

555222,4155647; 555357,4155646; 

555636,4155305; 555857,4154813; 

555939,4154569; 556122,4154292; 

556154,4154208; 556143,4154129; 

556320,4153982; 556461,4153761; 

556574,4153469; 557000,4152696; 

557532,4152000; 557762,4151768; 

558014,4151373; 558318,4151148; 

558897,4150855; 559085,4150704; 

559381,4150587; 559688,4150537; 

559998,4150521; 560300,4150410; 

560575,4150209; 560919,4150048; 

561406,4149886; 561583,4149791; 

561726,4149680; 561856,4149534; 

561936,4149173; 561888,4148062; 

561974,4147672; 562316,4147299; 

562358,4147124; 562178,4147011; 

561549,4147169; 561302,4147169; 

561232,4147204; 561247,4147242; 

561193,4147339; 561284,4147458; 

560695,4148054; 560281,4147651; 

560384,4147185; 559753,4147258; 

559303,4147393; 558697,4147640; 

558360,4147640; 558023,4147797; 

557844,4147955; 557394,4148044; 

557058,4147865; 556698,4147618; 

556564,4147416; 556451,4147146; 

556114,4147101; 555239,4147303; 

555059,4147236; 554967,4147015; 

554570,4146922; 554295,4146742; 

554026,4146653; 553971,4146586; 

553899,4146546; 553653,4146575; 

553443,4146740; 553174,4146834; 

553149,4146836; 553089,4146772; 

553044,4146769; 552740,4146824; 

552651,4146923; 552646,4147040; 

552620,4147093; 552355,4147149; 

552211,4147123; 552047,4146981; 

551417,4146719; 551274,4146763; 

551254,4146926; 551347,4147012; 

551556,4147431; 551552,4147528; 

551759,4147743; 551848,4147802; 

551961,4147810; 552486,4147520; 

552743,4147426; 552803,4147446; 

552402,4147733; 552226,4147814; 

552595,4148011; 552585,4148107; 

552654,4148138; 552669,4148252; 

552550,4148396; 552397,4148405; 

552340,4148333; 551865,4148180; 

551654,4148525; 551591,4148487; 

551702,4148145; 551416,4147821; 

551154,4147714; 550940,4147904; 

550797,4148071; 550380,4148643; 

550071,4148666; 549999,4148809; 

549847,4148969; 549866,4149048; 

549831,4149121; 549625,4149308; 

549541,4149485; 549541,4149729; 

549429,4150056; 549372,4150439; 

549429,4150626; 549234,4151034; 

549298,4151393; 549249,4151982; 

549344,4152076; 549223,4152356; 

549082,4152487; 548989,4152684; 

548830,4152787; 548495,4152839; 

548306,4153011; 548231,4153170; 

548091,4153207; 547957,4153207; 

547895,4153165; 547738,4152873; 

547642,4152753; 547118,4152738; 

546916,4152655; 546749,4152524; 

546689,4152345; 546511,4152286; 

546177,4152298; 545963,4152226; 

545796,4152083; 545653,4152022; 

545579,4152060; 545411,4152060; 

545297,4152030; 545261,4152121; 

545258,4152236; 545139,4152232; 

545045,4152561; 545162,4152689; 

545119,4152768; 544967,4152686; 

544829,4152669; 544547,4152746; 

544512,4152830; 544364,4152830; 

544364,4152771; 544293,4152771; 

544180,4152639; 544038,4152704; 

544142,4152930; 544311,4153185; 

544156,4153287; 544080,4153433; 

544149,4153570; 544393,4153570; 

544485,4153677; 544565,4153700; 

544588,4153753; 544580,4153841; 

544630,4153967; 544630,4154063; 

544668,4154154; 544760,4154211; 

544817,4154345; 544905,4154437; 

545086,4154774; 545071,4154828; 

545164,4154983; 545146,4155048; 

545261,4155381; 545249,4155667; 

545130,4155810; 544987,4155882; 

544677,4155762; 544475,4155762; 

544106,4156084; 543951,4156132; 

543449,4156020; 543397,4156101; 

543389,4156189; 543523,4156318; 

543599,4156456; 543459,4156534; 

543420,4156658; 543305,4156704; 

542962,4156704; 542937,4156752; 

542916,4156749; 542930,4156782; 

542895,4156795; 542819,4156894; 

542817,4156948; 542765,4156966; 

542785,4157009; 542868,4157065; 

542903,4157143; 542893,4157348; 

542802,4157399; 542907,4157513; 

542895,4157739; 542833,4157933; 

542666,4157923; 542564,4157986; 

542570,4158056; 542722,4158161; 

542709,4158196; 542634,4158227; 

542677,4158332; 542661,4158362; 

542619,4158385; 542554,4158357; 

542535,4158387; 542584,4158454; 

542525,4158478; 542517,4158502; 

542617,4158584; 542522,4158643; 

542474,4158625; 542477,4158680; 

542392,4158652; 542380,4158689; 

542350,4158682; 542340,4158701; 

542351,4158845; 542427,4158879; 

542466,4158938; 542528,4158923; 

542559,4158993; 542565,4159509; 

542600,4159566; 542610,4159675; 

542625,4160419; 543175,4160488; 

543288,4160561; 543385,4160746; 

543618,4160791; 543850,4160573; 

543745,4160235; 543745,4160032; 

543716,4159858; 543798,4159828; 

543811,4159739; 543854,4159671; 

543953,4159732; 544051,4159575; 

544184,4159501; 544422,4159640; 

544782,4159616; 544869,4159575; 

544937,4159454; 544810,4159267; 

544533,4159230; 544551,4159139; 

544673,4159021; 544833,4158951; 

545266,4159425; 545695,4159321; 

545741,4159230; 545893,4159196; 

545893,4159339; 546104,4159339; 

546181,4159276; 546227,4159148; 

546295,4159089; 546381,4159126; 

546454,4159207; 546617,4159207; 

546745,4159239; 546844,4159380; 

546863,4159466; 546953,4159553; 

547132,4159639; 547181,4159793; 

547312,4159893; 547408,4160034; 

547408,4160143; 547567,4160257; 

547750,4160161; 547962,4160161; 

547962,4160279; 547732,4160430; 

547716,4160623; 547789,4160793; 

547950,4161034; 547912,4161138; 

547848,4161197; 547690,4161187; 

547530,4161309; 547494,4161406; 

547403,4161442; 547218,4161411; 

547153,4161524; 547153,4161794; 

547107,4161793; 547035,4161868; 

546901,4161937; 546709,4161990; 

546327,4162012;546123,4162126; 

545964,4162141; 545828,4162318; 

546062,4162522; 546609,4162507; 

546722,4162661; 546651,4162755; 

546754,4163009; 546697,4163100; 

546713,4163192; 546237,4163180; 

545987,4163216; 545963,4163442; 

545987,4163656; 546201,4163847; 

546189,4164061; 545892,4164323; 

545856,4164478; 545906,4164585; 

546013,4164594; 546091,4164660; 

546047,4164860; 546120,4164926; 

546518,4165095; 546525,4165068; 

546587,4165032; 546657,4164893; 

546713,4164880; 546767,4164808; 

546781,4164735; 546869,4164661; 


sroberts on DSKD5P82C1PROD with RULES
12914 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

546939,4164544; 547189,4164361; 

547346,4164169; 547399,4164131; 

547515,4164114; returning to 

547630,4164045. Excluding: 

549620,4162507; 549728,4162401; 

549733,4162310; 549683,4162274; 

549645,4162279; 549425,4162399; 

549337,4162318; 549333,4162206; 

549471,4161976; 549525,4161940; 

549606,4161951; 549662,4161921; 

549738,4161921; 549790,4161808; 

549961,4161760; 549981,4161667; 

549936,4161577; 550072,4161454; 

550273,4161361; 550401,4161273; 

550411,4161245; 550383,4161187; 

550284,4161178; 550229,4161142; 

550232,4161107; 550278,4161061; 

550265,4160978; 550296,4160957; 

550492,4160966; 550678,4160838; 

550717,4160754; 550720,4160671; 

550687,4160604; 550718,4160544; 

550642,4160424; 550503,4160326; 

550549,4160316; 550788,4160361; 

550839,4160318; 550799,4160219; 

550867,4160247; 551032,4160256; 

551116,4160229; 551150,4160166; 

551254,4160120; 551344,4159994; 

551357,4159933; 551294,4159806; 

551508,4159782; 551595,4159711; 

551646,4159623; 551441,4159474; 

551439,4159451; 551668,4159445; 

551731,4159463; 551897,4159386; 

552018,4159435; 552054,4159463; 

552045,4159580; 552096,4159641; 

552077,4159681; 551989,4159676; 

551861,4159820; 551881,4159858; 

551964,4159881; 551967,4159927; 

551829,4159929; 551816,4160002; 

551722,4159971; 551646,4160052; 

551643,4160146; 551561,4160173; 

551525,4160211; 551412,4160393; 

551447,4160589; 551385,4160624; 

551415,4160711; 551397,4160774; 

551341,4160817; 551329,4160715; 

551311,4160685; 551266,4160674; 

551055,4160965; 551009,4161066; 

551003,4161183; 550912,4161188; 

550873,4161215; 550765,4161415; 

550679,4161473; 550553,4161622; 

550578,4161686; 550432,4161883; 

550432,4161911; 550307,4162062; 

550094,4162246; 549866,4162573; 

549757,4162635; 549715,4162724; 

549544,4162890; 549421,4163070; 

549362,4163128; 549301,4163145; 

549351,4162963; 549402,4162869; 

549563,4162687; returning to 

549620,4162507. 

Excluding: 549220,4157011; 

549541,4156838; 549722,4156775; 

549735,4156697; 549801,4156710; 

549883,4156632; 549886,4156573; 

549977,4156553; 550000,4156528; 

550158,4156504; 550288,4156436; 

550357,4156345; 550347,4156266; 

550457,4156277; 550492,4156234; 

550495,4156194; 550420,4156053; 

550582,4156065; 550631,4156017; 

550684,4156004; 550738,4155941; 

550809,4155916; 550841,4155787; 

550925,4155803; 551002,4155930; 

551019,4156093; 551077,4156152; 

551073,4156327; 551032,4156400; 

551040,4156464; 550998,4156603; 

550857,4156826; 550788,4156876; 

550768,4156856; 550806,4156762; 

550914,4156646; 550936,4156369; 

550988,4156222; 550986,4156177; 

550940,4156123; 550708,4156302; 

550626,4156334; 550616,4156367; 

550384,4156493; 550300,4156553; 

550297,4156578; 550218,4156578; 

550172,4156621; 550063,4156618; 

549941,4156723; 549933,4156777; 

549876,4156814; 549576,4156911; 

549550,4156944; 549555,4157013; 

549474,4156969; 549416,4156974; 

549204,4157059; returning to 

549220,4157011. Excluding: 

554142,4155908; 554257,4155782; 

554311,4155675; 554264,4155586; 

554381,4155549; 554414,4155493; 

554518,4155471; 554527,4155397; 

554641,4155337; 554746,4155191; 

554701,4155114; 554798,4155071; 

554842,4154935; 554782,4154761; 

554914,4154795; 554950,4154775; 

554920,4154722; 555022,4154651; 

555084,4154509; 555230,4154328; 

555279,4154214; 555309,4154193; 

555413,4154197; 555439,4154108; 

555369,4154054; 555329,4153947; 

555293,4153942; 555250,4153982; 

555184,4153984; 555094,4154029; 

555056,4154088; 554883,4154165; 

554832,4154145; 554702,4154172; 

554646,4154240; 554336,4154291; 

554257,4154362; 554255,4154245; 

554318,4154248; 554555,4154173; 

554586,4154107; 554652,4154090; 

554841,4153964; 555218,4153835; 

555223,4153761; 555356,4153696; 

555397,4153653; 555420,4153577; 

555501,4153590; 555526,4153695; 

555693,4153711; 555904,4153415; 

556072,4153271; 556063,4153182; 

555943,4153217; 556034,4152959; 

556026,4152910; 555996,4152895; 

555856,4152935; 555854,4152909; 

555992,4152788; 556078,4152756; 

556331,4152585; 556318,4152547; 

556184,4152574; 556174,4152538; 

556235,4152493; 556286,4152488; 

556279,4152435; 556373,4152428; 

556444,4152362; 556450,4152283; 

556488,4152197; 556382,4152194; 

556425,4152138; 556499,4152098; 

556517,4152025; 556574,4151989; 

556576,4151956; 556513,4151890; 

556555,4151751; 556608,4151715; 

556681,4151881; 556790,4151955; 

556861,4151946; 557012,4151776; 

557051,4151695; 557125,4151632; 

557070,4151495; 557095,4151457; 

557133,4151460; 557224,4151552; 

557295,4151667; 557302,4151720; 

557154,4151833; 557154,4151861; 

557253,4151844; 557347,4151878; 

557346,4151923; 557269,4152007; 

557112,4152067; 557104,4152095; 

556976,4152193; 556775,4152285; 

556790,4152321; 556871,4152332; 

556871,4152367; 556827,4152405; 

556850,4152446; 556842,4152489; 

556777,4152679; 556721,4152755; 

556657,4152793; 556697,4152889; 

556634,4152881; 556593,4152919; 

556600,4152998; 556529,4153023; 

556475,4153091; 556480,4153132; 

556543,4153186; 556459,4153213; 

556382,4153312; 

556394,4153456;556363,4153502; 

556380,4153596; 556313,4153684; 

556277,4153796; 555971,4153969; 

555935,4154093; 555871,4154136; 

555878,4154256; 555852,4154271; 

555753,4154255; 555674,4154320; 

555540,4154299; 555476,4154324; 

555445,4154453; 555381,4154478; 

555383,4154504; 555457,4154527; 

555454,4154563; 555322,4154552; 

555322,4154582; 555393,4154608; 

555479,4154713; 555435,4154756; 

555392,4154715; 555273,4154671; 

555237,4154721; 555260,4154780; 

555249,4154889; 555195,4154889; 

555160,4154924; 555144,4154972; 

555073,4155038; 555031,4155149; 

554868,4155306; 554798,4155473; 

554757,4155485; 554678,4155589; 

554581,4155647; 554540,4155725; 

554443,4155780; 554312,4156018; 

554212,4156101; 554216,4156203; 

554150,4156246; 554073,4156436; 

553940,4156567; 553911,4156648; 

553816,4156762; 553750,4156804; 

553769,4156678; 553739,4156596; 

553800,4156508; 553829,4156414; 

553870,4156363; 553957,4156321; 

553927,4156252; 553988,4156194; 

returning to 554142,4155908. 

Excluding: 557286,4151491; 

557284,4151443; 557322,4151364; 

557308,4151220; 557354,4151200; 

557448,4151241; 557468,4151231; 

557519,4151124; 557482,4151012; 

557579,4150995; 557549,4150901; 

557402,4150804; 557674,4150729; 

557846,4150565; 558016,4150559; 

558080,4150479; 558080,4150410; 

558119,4150362; 558354,4150158; 

558464,4150021; 558452,4150001; 

558511,4149920; 558501,4149798; 

558327,4149700; 558320,4149637; 

558498,4149539; 558528,4149270; 

558566,4149227; 558752,4149193; 

558763,4149353; 558908,4149377; 

559299,4148970; 559307,4148937; 

559274,4148929; 559116,4148982; 

559081,4148918; 559133,4148840; 

559171,4148845; 559170,4148903; 

559198,4148914; 559270,4148863; 

559369,4148854; 559494,4148740; 

559616,4148761; 559674,4148739; 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12915 

559731,4148633; 559955,4148581; 

559947,4148665; 560032,4148830; 

560049,4148917; 560013,4148990; 

560025,4149077; 559906,4149091; 

559778,4149222; 559737,4149169; 

559702,4149166; 559664,4149201; 

559510,4149358; 559532,4149444; 

559656,4149488; 559592,4149635; 

559506,4149650; 559480,4149680; 

559397,4149898; 559341,4149908; 

559250,4149879; 559191,4149907; 

559193,4150034; 559128,4150206; 

559186,4150267; 559296,4150283; 

559287,4150377; 559074,4150340; 

558886,4150433; 558753,4150470; 

558712,4150521; 558673,4150642; 

558549,4150664; 558505,4150712; 

558492,4150857; 558580,4150870; 

558595,4150946; 558493,4150945; 

558405,4150912; 558170,4151042; 

558170,4151088; 558119,4151123; 

557994,4151156; 557767,4151360; 

557737,4151586; 557620,4151648; 

557584,4151709; 557594,4151780; 

557444,4151759; 557409,4151647; 

returning to 557286,4151491. 

Excluding: 553227,4150371; 

553132,4150480; 553085,4150414; 

553085,4150180; 552935,4150096; 

553085,4150049; 553319,4149834; 

553553,4149834; 553646,4150049; 

553581,4150264; returning to 

553227,4150371. Excluding: 

552570,4150315; 552477,4150517; 

552589,4150966; 552563,4151254; 

552664,4151452; 552664,4151733; 

552524,4151686; 552222,4151263; 

551991,4151097; 551766,4150854; 

551617,4150480; 551617,4150115; 

551813,4149956; 552165,4149863; 

552374,4149890; returning to 

552570,4150315. 

(ii) Note: Map of Units SNM-1 and 

SNM-2 for the California red-legged frog 

follows: 

BILLING CODE 4310–55–S 


sroberts on DSKD5P82C1PROD with RULES
12916 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

BILLING CODE 4310–55–C 


sroberts on DSKD5P82C1PROD with RULESER17MR10.016</GPH>
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12917 

(29) Unit SNM-2: San Mateo and 

Santa Cruz Counties, California. From 

USGS 1:24,000 scale quadrangles Half 

Moon Bay, San Gregorio, Pigeon Point, 

Woodside, La Honda, Franklin Point, 

Mindego Hill and Big Basin. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 569250,4119121; 

569151,4119022; 568939,4118954; 

568881,4118980; 568788,4118975; 

568652,4118929; 568430,4118898; 

568274,4118928; 568169,4118976; 

567965,4119114; 567911,4119100; 

567778,4119012; 567704,4118933; 

567699,4118870; 567746,4118785; 

567733,4118731; 567590,4118548; 

567499,4118333; 567262,4118281; 

567036,4118184; 566576,4117892; 

566404,4117833; 566304,4117724; 

566110,4117736; 566051,4117615; 

565927,4117536; 565921,4117260; 

565894,4117190; 565809,4117126; 

565671,4117091; 565425,4116788; 

565262,4116712; 565091,4116711; 

564995,4116680; 564832,4116671; 

564749,4116592; 564742,4116504; 

564701,4116455; 564644,4116464; 

564501,4116430; 564414,4116466; 

564140,4116453; 564134,4116372; 

564048,4116217; 564045,4116048; 

563964,4115960; 563895,4115727; 

563887,4115633; 563931,4115559; 

563879,4115420; 563915,4115297; 

563902,4115237; 563662,4115064; 

563528,4115090; 563379,4115163; 

563229,4115336; 562888,4115441; 

562826,4115435; 562679,4115366; 

562397,4115352; 562330,4115200; 

562221,4115057; 562104,4114979; 

561913,4114940; 561755,4114828; 

561485,4114784; 561007,4114774; 

560798,4114607; 560609,4114539; 

560544,4114492; 560488,4114385; 

560326,4114249; 560225,4114086; 

560107,4114183; 559833,4114260; 

559745,4114221; 559598,4114235; 

559271,4114217; 559009,4114112; 

558716,4114159; 558594,4114259; 

558599,4114458; 558403,4114681; 

558300,4114736; 558149,4114739; 

558094,4114697; 558106,4114557; 

558082,4114344; 558025,4114287; 

557832,4114201; 557729,4114128; 

557684,4114059; 557589,4113776; 

556967,4113271; 556775,4113655; 

557058,4114173; 556966,4114389; 

556734,4114563; 556508,4114673; 

556108,4114673; 555114,4115309; 

554795,4115423; 554201,4115487; 

554056,4115554; 553898,4115745; 

553421,4116519; 553230,4116879; 

553163,4117510; 552770,4118575; 

552692,4118856; 552686,4119049; 

552832,4119084; 552843,4119062; 

552934,4119077; 552906,4119209; 

552957,4119263; 552954,4119299; 

552855,4119422; 552873,4119468; 

552810,4119530; 552696,4119536; 

552696,4119628; 552630,4119861; 

552479,4120102; 552601,4120216; 

552562,4120269; 552710,4120441; 

552710,4120493; 552762,4120561; 

552759,4120761; 552813,4120881; 

552780,4120929; 552814,4120967; 

552875,4121197; 553185,4120764; 

553520,4121135; 553141,4121621; 

553303,4121748; 553326,4122001; 

553167,4122381; 552662,4122597; 

552549,4122814; 552292,4123114; 

552336,4123768; 552151,4123874; 

552044,4123874; 552129,4124397; 

552171,4124534; 552222,4124393; 

552346,4124238; 552548,4124260; 

552634,4124232; 552655,4124255; 

552563,4124291; 552555,4124315; 

552426,4124340; 552418,4124377; 

552477,4124422; 552393,4124431; 

552273,4124577; 552197,4124591; 

552230,4124662; 552166,4124704; 

552274,4125178; 552291,4125455; 

552347,4125621; 552317,4125675; 

552319,4125751; 552347,4125785; 

552344,4125868; 552389,4125921; 

552414,4126094; 552390,4126152; 

552436,4126284; 552412,4126394; 

552462,4126623; 552465,4126765; 

554285,4127045; 554348,4127299; 

554393,4127347; 554399,4127474; 

554358,4127620; 554461,4127656; 

554507,4127806; 554561,4127851; 

554634,4127852; 554769,4127802; 

554769,4128072; 555061,4128697; 

555034,4129157; 554813,4129488; 

554804,4129463; 554758,4129459; 

554489,4129518; 554419,4129543; 

554218,4129684; 554167,4129676; 

553952,4129729; 553868,4129881; 

553395,4130479; 553250,4130564; 

552869,4130621; 552881,4130661; 

552821,4130823; 552825,4130999; 

552804,4131010; 552796,4131079; 

552845,4131083; 552876,4131131; 

552876,4131326; 552915,4131403; 

552997,4132106; 553190,4132082; 

553362,4132089; 553494,4132144; 

553537,4132262; 553547,4132490; 

553647,4132612; 553602,4132871; 

553641,4133060; 553621,4133192; 

553434,4133496; 553384,4133735; 

553267,4134023; 553259,4134239; 

553421,4134628; 553399,4134765; 

553360,4134855; 553190,4135011; 

552963,4135283; 553379,4135635; 

553442,4135811; 553540,4135865; 

553572,4135910; 553583,4136045; 

553659,4136295; 553889,4136534; 

553914,4136623; 553914,4136854; 

553762,4136980; 553783,4137262; 

553803,4137293; 553858,4137341; 

554197,4137481; 554417,4137731; 

554603,4137783; 554759,4137744; 

554784,4137762; 554822,4137868; 

554817,4137996; 554676,4138273; 

554618,4138521; 554636,4138646; 

554717,4138801; 554780,4138839; 

554925,4138871; 555392,4138909; 

555441,4138984; 555413,4139214; 

555601,4139415; 555714,4139649; 

555744,4139820; 555921,4139916; 

556166,4139926; 556259,4139976; 

556361,4140244; 556432,4140290; 

556490,4140404; 556856,4140727; 

556896,4140845; 556853,4140964; 

556852,4141399; 556768,4141545; 

556803,4141754; 556775,4141867; 

556791,4141902; 557144,4142056; 

557240,4142041; 557359,4142059; 

557599,4142185; 557662,4142195; 

558052,4142061; 558192,4142080; 

558311,4142057; 558434,4142091; 

558662,4141842; 559030,4141562; 

559213,4141470; 559357,4141505; 

559519,4141690; 559601,4141712; 

559697,4141693; 559766,4141724; 

559998,4141459; 560077,4141441; 

560242,4141513; 560283,4141428; 

560430,4141372; 560668,4141190; 

560841,4141136; 560869,4141081; 

560978,4140989; 561055,4140964; 

561208,4141005; 561240,4140993; 

561287,4140875; 561213,4140727; 

561244,4140388; 561324,4140282; 

561345,4140196; 561455,4140206; 

561695,4140081; 561800,4140000; 

561921,4139872; 561966,4139724; 

562132,4139625; 562164,4139517; 

562468,4139413; 562912,4139086; 

563107,4139105; 563367,4139057; 

563389,4138904; 563426,4138850; 

563543,4138782; 563559,4138677; 

563847,4138571; 563930,4138480; 

564034,4138484; 564190,4138558; 

564420,4138510; 564471,4138435; 

564901,4138198; 564978,4138127; 

565013,4137931; 565235,4137747; 

565269,4137444; 565376,4137337; 

565423,4137076; 565479,4136982; 

565649,4136858; 565801,4136865; 

565810,4136784; 565953,4136476; 

566058,4136416; 566222,4136370; 

566306,4136066; 566457,4135889; 

566638,4135815; 566713,4135637; 

566857,4135522; 566842,4135456; 

566741,4135376; 566689,4135303; 

566712,4135121; 566695,4135021; 

566730,4134874; 566801,4134760; 

566870,4134722; 567001,4134715; 

567090,4134510; 567085,4134394; 

567120,4134277; 567218,4134215; 

567352,4134023;567433,4133959; 

567578,4133984; 567748,4133928; 

567839,4133927; 567848,4133880; 

568085,4133744; 568241,4133501; 

568306,4133355; 568496,4133250; 

568613,4133142; 568963,4132987; 

569153,4132711; 569145,4132474; 

569183,4132325; 569280,4132219; 

569383,4132175; 569480,4131969; 

569567,4131884; 569635,4131677; 

569844,4131459; 570128,4131314; 

570217,4131198; 570529,4131030; 

570685,4130832; 570866,4130710; 

571044,4130504; 571335,4130445; 


sroberts on DSKD5P82C1PROD with RULES
12918 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

571467,4130457; 571512,4130484; 

571705,4130457; 571800,4130420; 

571950,4130253; 572075,4130192; 

572123,4130068; 572093,4129988; 

572138,4129919; 572137,4129832; 

572182,4129734; 572316,4129589; 

572452,4129532; 572524,4129539; 

572584,4129577; 572687,4129727; 

572903,4129865; 572960,4129877; 

573189,4129891; 573454,4129828; 

573485,4129803; 573503,4129720; 

573636,4129595; 573679,4129407; 

573842,4129125; 573907,4129100; 

574000,4129102; 574103,4129013; 

574243,4128966; 574194,4128773; 

574114,4128638; 574207,4128564; 

574090,4128354; 573981,4128215; 

573971,4128066; 573918,4128005; 

573856,4127980; 573848,4127937; 

573886,4127912; 574082,4127916; 

574174,4127800; 574360,4127750; 

574473,4127756; 574692,4127659; 

574793,4127594; 574830,4127526; 

575061,4127322; 575108,4127212; 

575118,4127007; 575136,4126998; 

575179,4126705; 575255,4126597; 

575437,4126460; 575410,4126387; 

575467,4126339; 575475,4126295; 

575404,4126223; 575393,4126180; 

575407,4126024; 575303,4125865; 

575177,4125877; 575058,4126064; 

574924,4126121; 574868,4126079; 

574396,4126151; 574316,4126210; 

574241,4126336; 574044,4126373; 

573947,4126434; 573732,4126487; 

573644,4126490; 573453,4126448; 

573399,4126414; 573365,4126319; 

573310,4126282; 573287,4126109; 

573175,4126039; 573138,4125924; 

573135,4125795; 572745,4125424; 

572663,4125396; 572596,4125240; 

572556,4125206; 572351,4125107; 

572303,4125058; 572184,4125058; 

572123,4125147; 571999,4125201; 

571796,4125373; 571688,4125399; 

571660,4125374; 571748,4124914; 

571680,4124564; 571765,4124348; 

571751,4124191; 571517,4123697; 

571295,4123494; 571261,4123425; 

571173,4123391; 570995,4123440; 

570760,4123730; 570610,4123819; 

570489,4123795; 570363,4123620; 

570048,4123496; 569605,4123239; 

569361,4123062; 569273,4122870; 

569112,4122852; 569032,4122818; 

568975,4122734; 568938,4122606; 

568845,4122510; 568674,4122381; 

568330,4122199; 568183,4122041; 

568089,4121844; 567929,4121625; 

567853,4121468; 567753,4121359; 

567886,4121202; 568114,4121033; 

568268,4120983; 568404,4120859; 

568458,4120654; 568574,4120546; 

568633,4120370; 568729,4120202; 

568777,4120032; 568801,4119737; 

568882,4119643; 568910,4119534; 

568991,4119382; returning to 

569250,4119121; Excluding: 

555483,4121713; 555388,4121749; 

555388,4121320; 555235,4121428; 

555083,4121390; 554981,4121263; 

554873,4121256; 554937,4121205; 

555387,4121177; 556034,4121027; 

556340,4120843; 556518,4120862; 

556658,4120996; 556400,4121122; 

556169,4121332; 556086,4121497; 

555687,4121566; 555584,4121675; 

returning to 555483,4121713. 

Excluding: 556092,4122063; 

556218,4122107; 556645,4122069; 

556727,4122152; 556746,4122317; 

556816,4122418; 557032,4122456; 

557089,4122533; 556873,4122695; 

556861,4122837; 556467,4122821; 

556281,4123125; 556289,4123256; 

556226,4123422; 555497,4123687; 

555358,4123614; 555261,4123663; 

555032,4123593; 554691,4123369; 

554690,4123310; 554656,4123262; 

554596,4123352; 554359,4123364; 

554270,4123180; 553600,4123504; 

553555,4123410; 553375,4123390; 

553635,4122920; 553644,4122708; 

553715,4122548; 553839,4122460; 

554062,4122505; 554165,4122407; 

554289,4122418; 554447,4122645; 

555312,4122656; 555578,4122761; 

555705,4122761; 555756,4122507; 

556003,4122317; returning to 

556092,4122063. 

(ii) Note: Unit SNM-2 for California 

red-legged frog is depicted on the map 

in paragraph (28)(ii) of this entry. 

(30) Unit STC-1: Santa Clara County, 

California. From USGS 1:24,000 scale 

quadrangles Calaveras Reservoir, San 

Jose East, Mt. Day, Lick Observatory, 

Morgan Hill, Isabel Valley and Mt. 

Sizer. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 

612040,4142329; 612059,4142174; 

612136,4142137; 612243,4141962; 

612198,4141726; 612203,4141589; 

612088,4141439; 612041,4141311; 

612049,4141259; 611960,4141119; 

611893,4140940; 611969,4140675; 

611942,4140491; 611944,4140135; 

611962,4140096; 612052,4140065; 

612152,4139946; 612275,4139957; 

612334,4139915; 612459,4139974; 

612507,4139882; 612554,4139865; 

612630,4139772; 612695,4139756; 

612795,4139794; 613168,4139551; 

613274,4139569; 613392,4139510; 

613498,4139495; 613570,4139450; 

613586,4139411; 613566,4139244; 

613666,4139098; 613611,4138948; 

613591,4138643; 613645,4138499; 

613605,4138264; 613625,4138154; 

613708,4137981; 613803,4137917; 

614063,4137873; 614140,4138041; 

614249,4138124; 614319,4138132; 

614354,4138114; 614382,4137991; 

614504,4137865; 614553,4137838; 

614650,4137844; 614894,4137745; 

614981,4137741; 614951,4137541; 

614963,4137477; 615053,4137385; 

615187,4137120; 615536,4136826; 

615623,4136654; 615694,4136571; 

615811,4136523; 615823,4136452; 

615764,4136335; 615810,4136000; 

615822,4135962; 615914,4135902; 

615928,4135865; 615873,4135230; 

615957,4135094; 616080,4134655; 

616156,4134516; 616247,4134483; 

616360,4134378; 616464,4134099; 

616515,4133842; 616638,4133676; 

616670,4133559; 616644,4133379; 

616652,4133124; 616668,4133048; 

616729,4132973; 616798,4132770; 

616852,4132690; 616866,4132313; 

616973,4132054; 617051,4131999; 

617114,4131990; 617158,4131944; 

617172,4131872; 617143,4131780; 

617178,4131687; 617302,4131573; 

617591,4131501; 617635,4131459; 

617692,4131243; 617760,4131146; 

617872,4131197; 618059,4131081; 

618145,4130995; 618281,4131037; 

618511,4131004; 618693,4131033; 

618729,4130991; 618729,4130940; 

618624,4130736; 618668,4130675; 

618718,4130655; 618787,4130644; 

618878,4130668; 619015,4130511; 

618895,4130412; 618867,4130338; 

618871,4130263; 618965,4130041; 

618965,4129916; 619031,4129801; 

619135,4129762; 619298,4129777; 

619591,4129713; 619800,4129796; 

619819,4129775; 619824,4129621; 

619925,4129584; 619976,4129526; 

619994,4129332; 620075,4129282; 

620163,4129300; 620342,4129194; 

620451,4129228; 620734,4129474; 

620830,4129720; 620871,4129653; 

620969,4129299; 621072,4129096; 

621167,4129040; 621462,4129008; 

621485,4128960; 621419,4128672; 

621449,4128541; 621515,4128408; 

621545,4128096; 621521,4127932; 

621824,4127708; 621825,4127609; 

621904,4127423; 622072,4127349; 

622113,4127288; 622112,4127201; 

621723,4127166; 621691,4127088; 

621697,4126941; 621650,4126898; 

621435,4126877; 621355,4126773; 

621352,4126717; 621480,4126534; 

621560,4126366; 621611,4126292; 

621701,4126238; 621758,4126104; 

621817,4126034; 621915,4125991; 

622028,4125979; 622113,4125901; 

622192,4125876; 622370,4125910; 

622527,4125851; 622683,4125916; 

622744,4125886; 622816,4125749; 

622945,4125721; 622982,4125621; 

623173,4125332; 623145,4125105; 

623239,4125034; 623411,4124996; 

623593,4124887; 623692,4124722; 

623802,4124609; 623880,4124572; 

623985,4124559; 624046,4124365; 

624145,4124286; 624195,4124252; 

624361,4124256; 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12919 

624411,4124190;624452,4124030; 

624562,4123896; 624594,4123769; 

624742,4123605; 624913,4123629; 

624957,4123577; 625087,4123189; 

625229,4123134; 625306,4123035; 

625227,4122866; 625180,4122564; 

625202,4122504; 625275,4122421; 

625222,4122293; 625234,4122248; 

625342,4122141; 625364,4122036; 

625346,4121976; 625367,4121815; 

625296,4121673; 625258,4121446; 

625303,4121426; 625441,4121465; 

625627,4121383; 625769,4121370; 

625971,4121269; 626170,4121031; 

626405,4120805; 626471,4120684; 

626472,4120551; 626503,4120491; 

626566,4120430; 626791,4120430; 

626832,4120387; 626874,4120188; 

626849,4120116; 626881,4120000; 

626870,4119926; 626904,4119873; 

627034,4119828; 626989,4119737; 

626974,4119631; 626831,4119564; 

626781,4119494; 626758,4119371; 

626672,4119312; 626641,4119261; 

626651,4119139; 626716,4119059; 

626751,4118956; 626941,4118796; 

627043,4118585; 627179,4118618; 

627214,4118603; 627419,4118344; 

627643,4118155; 627808,4118083; 

628001,4118038; 628093,4117865; 

628134,4117680; 628466,4117591; 

628550,4117534; 628588,4117465; 

628623,4117388; 628615,4117346; 

628459,4117262; 628356,4117170; 

628395,4116980; 628325,4116853; 

628335,4116718; 628278,4116490; 

628286,4116352; 628103,4116255; 

628031,4116109; 627889,4115942; 

627682,4115852; 627576,4115719; 

627167,4115669; 627060,4115683; 

626925,4115642; 626870,4115565; 

626869,4115368; 626923,4115263; 

626960,4115056; 626726,4114762; 

626787,4114534; 626784,4114467; 

626690,4114262; 626423,4114125; 

626434,4114068; 626578,4113887; 

626623,4113725; 626719,4113599; 

626903,4113417; 627132,4113270; 

627201,4113193; 627261,4113097; 

627291,4112961; 627358,4112811; 

627557,4112743; 627638,4112652; 

627614,4112518; 627418,4112146; 

627426,4111910; 627385,4111753; 

627480,4111507; 627394,4111334; 

627391,4111261; 627490,4111114; 

627388,4110977; 627171,4111318; 

627031,4111456; 626862,4111748; 

626633,4111951; 626547,4112092; 

626333,4112335; 626231,4112677; 

626140,4112823; 625896,4112885; 

625823,4112986; 625726,4113043; 

625560,4113050; 625410,4112881; 

625270,4112901; 624926,4113024; 

624677,4113152; 624253,4113507; 

624165,4113648; 624216,4113793; 

624195,4113833; 624061,4113788; 

623966,4113838; 623809,4113800; 

623432,4113932; 623410,4113985; 

623286,4113958; 623227,4114020; 

623221,4114114; 623177,4114172; 

623162,4114299; 623085,4114351; 

622877,4114704; 622841,4114749; 

622695,4114830; 622668,4114942; 

622581,4114938; 622535,4114970; 

622431,4114946; 622362,4114981; 

622307,4115087; 622170,4115245; 

622128,4115351; 621954,4115628; 

621964,4115651; 622248,4115647; 

622368,4115618; 622492,4115468; 

622660,4115452; 622703,4115339; 

622733,4115324; 622753,4115332; 

622724,4115461; 622756,4115515; 

622735,4115580; 622592,4115619; 

622471,4115691; 622440,4115767; 

622227,4115914; 622180,4115994; 

622111,4116019; 621959,4115986; 

621770,4115884; 621746,4115952; 

621676,4116028; 621642,4116139; 

621565,4116506; 621607,4116593; 

621533,4116615; 621477,4116672; 

621501,4116205; 621482,4116098; 

621429,4116065; 621240,4116163; 

621210,4116295; 621169,4116348; 

620911,4116453; 620819,4116645; 

620818,4116696; 620868,4116747; 

620858,4116775; 620523,4116740; 

620411,4116761; 620380,4116984; 

620270,4117039; 620133,4117214; 

620181,4117375; 620082,4117343; 

620051,4117391; 620060,4117643; 

620034,4117731; 619920,4117869; 

619919,4117897; 619855,4117932; 

619923,4118019; 619879,4118047; 

619809,4117977; 619758,4117971; 

619314,4118146; 619080,4118189; 

618997,4118316; 618794,4118278; 

618707,4118371; 618474,4118228; 

618333,4118177; 618125,4118214; 

617725,4118186; 617578,4118212; 

617492,4118311; 617333,4118207; 

617237,4118176; 617157,4118173; 

617020,4118231; 616900,4118344; 

616704,4118473; 616652,4118594; 

616528,4118721; 616301,4118690; 

616109,4118847; 615968,4119042; 

615888,4119292; 615772,4119462; 

615774,4119551; 615497,4119806; 

614886,4120144; 614835,4120223; 

614849,4120390; 614588,4120669; 

614537,4120787; 614438,4120860; 

614312,4120876; 614093,4121043; 

614103,4121315; 614181,4121415; 

614309,4121481; 614351,4121596; 

614085,4121709; 613916,4121616; 

613664,4121942; 613577,4122207; 

613738,4122279; 613758,4122421; 

613798,4122514; 613961,4122796; 

613897,4122862; 613777,4122898; 

613651,4122988; 613589,4123089; 

613606,4123223; 613756,4123389; 

613900,4123394; 613985,4123425; 

614086,4123514; 614631,4123658; 

614745,4123606; 614794,4123628; 

614874,4123785; 614706,4123888; 

614703,4123913; 614758,4123972; 

614881,4123990; 615122,4123950; 

615217,4123983; 615371,4123965; 

615542,4124082; 615597,4124166; 

615590,4124203; 615498,4124290; 

615254,4124371; 615230,4124425; 

615180,4124432; 615125,4124496; 

615112,4124679; 614993,4124738; 

614872,4124894; 614862,4124944; 

614702,4125047; 614649,4125163; 

614675,4125373; 614584,4125586; 

614620,4125652; 614694,4125654; 

614749,4125701; 614905,4126019; 

614911,4126099; 614684,4126506; 

614799,4126785; 614809,4127047; 

614798,4127098; 614657,4127186; 

614631,4127335; 614662,4127620; 

614585,4127828; 614658,4128059; 

614642,4128130; 614542,4128151; 

614464,4128227; 614391,4128346; 

614203,4128535; 614191,4128589; 

614189,4128617; 614287,4128701; 

614313,4128775; 614295,4128959; 

614225,4129047; 614367,4129352; 

614175,4129502; 614106,4129473; 

613942,4129667; 613739,4129766; 

613576,4130060; 613498,4130094; 

613472,4130071; 613441,4130080; 

613508,4130573; 613389,4130813; 

613398,4130924; 613344,4131136; 

613084,4131480; 613020,4131548; 

612886,4131629; 612798,4131727; 

612715,4131842; 612621,4132064; 

612557,4132133; 612358,4132261; 

612278,4132385; 612259,4132633; 

612067,4132743; 611994,4132736; 

611912,4132787; 611946,4132924; 

611824,4133110; 611802,4133324; 

611734,4133426; 611635,4133479; 

611655,4133578; 611647,4133759; 

611623,4133842; 611522,4133915; 

611509,4133949; 611485,4134037; 

611509,4134193; 611493,4134315; 

611388,4134536; 611342,4134597; 

611161,4134610; 611121,4134719; 

610969,4134719; 610777,4134766; 

610728,4134837; 610731,4134969; 

610564,4135011; 610426,4135080; 

610356,4135221; 610256,4135311; 

610146,4135640; 610042,4135853; 

609929,4135939;609729,4136000; 

609508,4136147; 609270,4136458; 

609113,4136872; 609025,4136993; 

608928,4137055; 608816,4137274; 

608787,4137441; 608638,4137595; 

608537,4137760; 608444,4137816; 

608346,4137829; 608182,4137930; 

607779,4137907; 607593,4137951; 

607413,4138082; 607351,4138218; 

607210,4138322; 607157,4138501; 

607091,4138579; 606846,4138652; 

606681,4138605; 606357,4138606; 

606040,4138540; 606025,4138608; 

606045,4138787; 606102,4138827; 

606098,4138947; 605923,4138995; 

605932,4139155; 605426,4138980; 

605234,4138972; 605121,4139012; 

605059,4138971; 604638,4139103; 

604471,4139194; 604343,4139170; 

604302,4139246; 604183,4139305; 


sroberts on DSKD5P82C1PROD with RULES
12920 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

604159,4139363; 604133,4139467; 

604133,4139623; 604367,4139882; 

604382,4140096; 604429,4140118; 

604574,4140118; 604608,4140376; 

604783,4140578; 604789,4140721; 

605055,4141023; 605226,4141041; 

605536,4141023; 605648,4141059; 

605764,4141137; 605993,4141092; 

606071,4140988; 606145,4140955; 

606317,4140970; 606545,4141045; 

606686,4141124; 606832,4141464; 

606985,4141659; 607076,4141722; 

607213,4141750; 607541,4141680; 

607785,4141734; 608014,4141870; 

608137,4142008; 608199,4142141; 

608199,4142276; 608300,4142611; 

608587,4142636; 608715,4142602; 

608815,4142474; 608848,4142388; 

608996,4142296; 609083,4142211; 

609302,4142219; 609329,4141976; 

609375,4141928; 609532,4141860; 

609743,4141951; 609797,4142102; 

609851,4142170; 610012,4142113; 

610088,4142027; 610194,4142032; 

610315,4141978; 610415,4141989; 

610614,4142075; 610676,4142133; 

610751,4142259; 610789,4142438; 

610999,4142707; 611151,4142845; 

611372,4142893; 611408,4142925; 

611459,4142899; 611689,4142634; 

612012,4142381; returning to 

612040,4142329. 

(ii) Note: Map of Units STC-1 and 

STC-2 for the California red-legged frog 

follows: 

BILLING CODE 4310–55–S 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12921 

BILLING CODE 4310–55–C 


sroberts on DSKD5P82C1PROD with RULESER17MR10.017</GPH>
12922 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

(31) Unit STC-2: Santa Clara, Merced, 

Stanislaus and San Benito Counties, 

California. From USGS 1:24,000 scale 

quadrangles Mt. Sizer, Gilroy, Mt. 

Stakes, Mississippi Creek, Gilroy Hot 

Springs, San Felipe, Mustang Peak, 

Pacheco Peak, Three Sisters, Crevision 

Peak, Pacheco Pass and Mariposa Peak. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 639546,4129203; 

639759,4129165; 639715,4128997; 

639730,4128920; 639814,4128811; 

639800,4128684; 640076,4128375; 

640247,4128258; 640263,4128178; 

640404,4128055; 640398,4127894; 

640352,4127793; 640370,4127736; 

640463,4127644; 640411,4127495; 

640289,4127468; 640187,4127396; 

640115,4127138; 640124,4127070; 

639872,4126828; 639790,4126628; 

639781,4126566; 639822,4126533; 

639919,4126303; 639913,4126193; 

639952,4126120; 639995,4125882; 

639899,4125877; 639810,4125750; 

639783,4125652; 639802,4125436; 

639768,4125214; 639801,4125194; 

639938,4124903; 639862,4124823; 

639908,4124715; 640051,4124535; 

640220,4124484; 640333,4124420; 

640499,4124474; 640725,4124443; 

640792,4124455; 640856,4124419; 

641092,4124427; 641107,4124382; 

641204,4124290; 641271,4124249; 

641408,4124238; 641528,4124098; 

641601,4124055; 641721,4124007; 

641859,4123990; 642059,4123895; 

642176,4123971; 642274,4124076; 

642566,4124008; 642555,4123944; 

642576,4123896; 642678,4123832; 

642719,4123708; 642680,4123551; 

642686,4123409; 642648,4123264; 

642642,4123085; 642659,4123024; 

642855,4122810; 642935,4122612; 

642852,4122462; 642884,4122239; 

642820,4122061; 642893,4121918; 

643093,4121832; 643145,4121777; 

643238,4121663; 643304,4121372; 

643482,4121318; 643548,4121154; 

643678,4121113; 643862,4120987; 

643921,4120981; 644067,4120714; 

644130,4120656; 644208,4120619; 

644302,4120637; 644410,4120599; 

644480,4120486; 644537,4120446; 

644635,4120385; 644798,4120337; 

644928,4120161; 644785,4120082; 

644735,4120009; 644726,4119911; 

644795,4119762; 644836,4119420; 

644880,4119304; 644819,4119024; 

644731,4118907; 644614,4118818; 

644597,4118746; 644648,4118649; 

644641,4118531; 644550,4118402; 

644558,4118249; 644671,4117859; 

644817,4117669; 644845,4117469; 

644830,4117384; 644876,4117249; 

644956,4117124; 644952,4116804; 

645148,4116560; 645251,4116554; 

645459,4116653; 645589,4116638; 

645629,4116612; 645799,4116608; 

646002,4116517; 646166,4116524; 

646293,4116492; 646513,4116343; 

646614,4116175; 646819,4116004; 

646877,4115890; 646889,4115713; 

646919,4115684; 647208,4115629; 

647422,4115554; 647567,4115404; 

647743,4115280; 647895,4115311; 

648096,4114850; 648258,4114782; 

648364,4114854; 648580,4114885; 

648835,4114838; 648907,4114848; 

649102,4114906; 649148,4114957; 

649317,4115041; 649445,4115055; 

649600,4115024; 649712,4115229; 

649802,4115255; 649842,4115247; 

649965,4115124; 650026,4115004; 

650225,4114906; 650350,4114898; 

650629,4114954; 650823,4114894; 

650934,4114829; 651130,4114887; 

651390,4115111; 651418,4115179; 

651536,4115308; 651527,4115465; 

651578,4115571; 651613,4115751; 

651700,4115871; 651837,4115947; 

651905,4116122; 651999,4116243; 

652104,4116446; 652150,4116487; 

652432,4116421; 652471,4116398; 

652549,4116264; 652772,4116134; 

652916,4115926; 653129,4115700; 

653239,4115464; 653358,4115358; 

653467,4115352; 653559,4115286; 

653611,4115148; 653854,4114719; 

653904,4114492; 654076,4114354; 

654154,4114176; 654498,4114115; 

654633,4114034; 654774,4114004; 

654857,4114008; 655084,4114077; 

655313,4114095; 655350,4114084; 

655410,4114016; 655586,4113953; 

655747,4114002; 655880,4113975; 

656082,4113974; 656238,4113932; 

656261,4113878; 656227,4113738; 

656237,4113694; 656363,4113595; 

656305,4113148; 656421,4112966; 

656392,4112785; 656408,4112685; 

656467,4112649; 656553,4112512; 

656647,4112455; 656740,4112343; 

656876,4112101; 656914,4111862; 

657185,4111802; 657347,4111649; 

657481,4111581; 657438,4111410; 

657466,4111281; 657559,4111199; 

657606,4111077; 657692,4111074; 

657875,4110902; 657875,4110795; 

657822,4110684; 657943,4110519; 

657956,4110410; 658016,4110268; 

658158,4110036; 658368,4109930; 

658406,4109872; 658456,4109856; 

658675,4109867; 658784,4109812; 

658830,4109758; 658990,4109732; 

659167,4109587; 659388,4109614; 

659587,4109591; 659800,4109501; 

659869,4109644; 660043,4109710; 

660096,4109764; 660156,4109860; 

660175,4110005; 660288,4110181; 

660766,4110612; 660839,4110744; 

661182,4110999; 661438,4111148; 

661548,4111124; 661912,4111114; 

662158,4111025; 662368,4111018; 

662571,4110956; 662702,4110886; 

662805,4110782; 662997,4110666; 

663135,4110548; 663321,4110581; 

663608,4110676; 663674,4110679; 

663893,4110602; 664202,4110318; 

664236,4110242; 664404,4110042; 

664461,4109741; 664747,4109472; 

664495,4109500; 664457,4109479; 

664779,4109388; 664916,4109298; 

664972,4109201; 665017,4109218; 

665133,4109177; 665254,4109012; 

665237,4108973; 665281,4108933; 

665272,4108874; 665347,4108815; 

665257,4108753; 665352,4108727; 

665337,4108600; 665390,4108670; 

665487,4108605; 665456,4108510; 

665525,4108499; 665525,4108436; 

665581,4108391; 665624,4108286; 

665613,4108263; 665498,4108249; 

665404,4108151; 665526,4108142; 

665554,4108055; 665647,4108062; 

665680,4107934; 665577,4107863; 

665424,4107821; 665414,4107793; 

665594,4107720; 665617,4107690; 

665499,4107645; 665366,4107665; 

665216,4107636; 665184,4107590; 

665262,4107584; 665401,4107511; 

665365,4107483; 665344,4107412; 

665270,4107413; 665223,4107358; 

665172,4107371; 665127,4107420; 

665043,4107405; 664992,4107451; 

664935,4107435; 664849,4107472; 

664651,4107386; 664809,4107285; 

664812,4107229; 664962,4107231; 

665013,4107195; 665005,4107162; 

664957,4107156; 664943,4107132; 

665007,4107033; 664999,4106988; 

664947,4106982; 664901,4107065; 

664833,4107080; 664762,4106963; 

664721,4106985; 664702,4107057; 

664647,4107123; 664595,4107081; 

664542,4107086; 664523,4107057; 

664529,4106947; 664499,4106928; 

664279,4107090; 664235,4107095; 

664272,4106985; 664160,4106935; 

664173,4106881; 664068,4106863; 

663981,4106778; 663949,4106696; 

663982,4106682; 664020,4106706; 

664058,4106683; 664101,4106714; 

664198,4106695; 664216,4106572; 

664268,4106637; 664332,4106672; 

664379,4106641; 664377,4106536; 

664478,4106609; 664608,4106638; 

664642,4106620; 664659,4106583; 

664503,4106517; 664478,4106401; 

664528,4106317; 664342,4106323; 

664319,4106211; 664210,4106245; 

664183,4106203; 664117,4106188; 

664110,4106148;664028,4106043; 

663964,4106025; 663931,4106037; 

663916,4106100; 663813,4106108; 

663864,4106244; 663783,4106232; 

663722,4106292; 663697,4106153; 

663545,4106164; 663549,4106101; 

663620,4106067; 663513,4105861; 

663513,4105809; 663550,4105752; 

663535,4105727; 663452,4105750; 

663306,4105713; 663248,4105728; 

663170,4105782; 663119,4105892; 

663095,4105732; 663012,4105662; 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12923 

662888,4105748; 662862,4105912; 

662764,4105833; 662716,4105830; 

662453,4105932; 662453,4105961; 

662401,4105940; 662270,4105987; 

662200,4105960; 662201,4105855; 

662013,4105669; 662047,4105655; 

662142,4105697; 662342,4105669; 

662482,4105617; 662541,4105568; 

662592,4105572; 662711,4105452; 

662662,4105420; 662547,4105456; 

662338,4105357; 662238,4105344; 

662130,4105244; 662009,4105247; 

662066,4105171; 662189,4105157; 

662389,4105242; 662414,4105136; 

662565,4105124; 662683,4105177; 

662796,4105179; 662816,4105152; 

662723,4105055; 662745,4104994; 

662709,4104895; 662752,4104909; 

662790,4104888; 662852,4105023; 

662917,4105007; 663044,4105197; 

663045,4105230; 663101,4105226; 

663106,4105175; 663052,4105068; 

663074,4104940; 663168,4104980; 

663211,4105030; 663327,4104919; 

663367,4104918; 663367,4104826; 

663391,4104807; 663484,4104813; 

663558,4104884; 663608,4104811; 

663664,4104811; 663761,4104766; 

663852,4104771; 663873,4104707; 

663780,4104713; 663682,4104668; 

663579,4104722; 663441,4104687; 

663349,4104708; 663330,4104748; 

663226,4104798; 663096,4104761; 

662992,4104689; 662938,4104689; 

662986,4104615; 663124,4104676; 

663237,4104624; 663418,4104447; 

663346,4104380; 663256,4104392; 

662986,4104264; 662933,4104365; 

662873,4104422; 662832,4104425; 

662768,4104378; 662606,4104510; 

662593,4104558; 662617,4104696; 

662589,4104719; 662585,4104656; 

662436,4104465; 662481,4104247; 

662444,4104227; 662366,4104266; 

662399,4104377; 662308,4104563; 

662245,4104582; 662154,4104690; 

662156,4104784; 662059,4104770; 

662035,4104802; 662004,4104905; 

662040,4104941; 662040,4105008; 

661981,4105023; 661923,4104960; 

661877,4104955; 661672,4105035; 

661496,4105065; 661429,4105117; 

661419,4105070; 661675,4104881; 

661706,4104901; 661778,4104863; 

661815,4104803; 661816,4104736; 

661875,4104680; 661866,4104579; 

661983,4104499; 662068,4104326; 

662045,4104279; 661980,4104281; 

661844,4104389; 661873,4104279; 

662085,4104161; 662069,4104129; 

661884,4104095; 661904,4104044; 

661812,4103974; 661678,4103983; 

661452,4104119; 661348,4104203; 

661331,4104257; 661286,4104213; 

661154,4104209; 661090,4104245; 

661063,4104304; 660930,4104342; 

660830,4104407; 660631,4104460; 

660872,4104326; 660926,4104258; 

661016,4104230; 660980,4104164; 

661085,4104163; 661091,4104076; 

661287,4104100; 661371,4103978; 

661411,4104027; 661518,4104007; 

661576,4103932; 661586,4103871; 

661627,4103850; 661792,4103810; 

661900,4103876; 661945,4103876; 

661967,4103808; 662027,4103893; 

662129,4103943; 662197,4103967; 

662259,4103948; 662309,4103845; 

662272,4103798; 662312,4103767; 

662315,4103649; 662352,4103660; 

662387,4103732; 662431,4103719; 

662438,4103781; 662496,4103839; 

662565,4103788; 662902,4103841; 

662991,4103820; 662997,4103763; 

662950,4103713; 662858,4103642; 

662705,4103581; 662771,4103535; 

662766,4103459; 662755,4103442; 

662653,4103462; 662617,4103422; 

662613,4103349; 662527,4103308; 

662441,4103320; 662377,4103359; 

662338,4103298; 662164,4103304; 

662075,4103266; 661910,4103262; 

661924,4103236; 661862,4103211; 

662158,4103214; 662243,4103176; 

662489,4103160; 662519,4103097; 

662372,4102996; 662374,4102975; 

662520,4102986; 662562,4102935; 

662573,4102844; 662598,4102822; 

662585,4102914; 662620,4103011; 

662663,4103029; 662660,4103110; 

662704,4103156; 662780,4103181; 

662772,4103243; 662884,4103297; 

662972,4103446; 663040,4103465; 

663143,4103410; 663159,4103486; 

663117,4103575; 663196,4103672; 

663272,4103668; 663330,4103719; 

663430,4103756; 663528,4103774; 

663588,4103750; 663676,4103796; 

663735,4103700; 663833,4103647; 

663876,4103717; 663969,4103740; 

663996,4103603; 664079,4103590; 

664140,4103642; 664151,4103492; 

664395,4103184; 664441,4103167; 

664452,4103104; 664556,4103058; 

664585,4102963; 664581,4102736; 

664523,4102552; 664454,4102487; 

664601,4102421; 664668,4102260; 

664665,4102125; 664637,4102103; 

664499,4102094; 664625,4102033; 

664745,4101930; 664754,4101895; 

664659,4101863; 664780,4101696; 

664753,4101613; 664687,4101558; 

664725,4101497; 664698,4101461; 

664636,4101434; 664586,4101443; 

664516,4101341; 664566,4101315; 

664550,4101260; 664433,4101126; 

664326,4101094; 664216,4100939; 

664344,4100957; 664387,4100928; 

664404,4100966; 664477,4100986; 

664582,4100935; 664659,4100999; 

664679,4100864; 664747,4100840; 

664848,4100720; 664663,4100710; 

664613,4100663; 664622,4100600; 

664730,4100556; 664756,4100522; 

664640,4100471; 664691,4100390; 

664599,4100268; 664569,4100037; 

664598,4099951; 664539,4099835; 

664447,4099733; 664564,4099744; 

664603,4099811; 664719,4099914; 

664774,4099939; 664817,4099896; 

664935,4099996; 665152,4099790; 

665279,4100228; 665329,4100111; 

665340,4099968; 665366,4099938; 

665474,4099980; 665548,4099917; 

665537,4099810; 665591,4099794; 

665661,4099817; 665720,4099778; 

665738,4099738; 665683,4099612; 

665789,4099585; 665811,4099445; 

665886,4099466; 665913,4099408; 

666077,4099344; 666107,4099156; 

665937,4099044; 665913,4098986; 

666029,4099035; 666072,4099031; 

666085,4098989; 666129,4099003; 

666214,4099070; 666251,4099177; 

666321,4099211; 666385,4099172; 

666399,4099088; 666461,4099043; 

666482,4098810; 666387,4098683; 

666538,4098676; 666570,4098651; 

666629,4098564; 666621,4098502; 

666579,4098478; 666625,4098384; 

666507,4098305; 666400,4098283; 

666382,4098252; 666407,4098219; 

666543,4098195; 666692,4098200; 

666760,4098135; 666811,4098223; 

666893,4098240; 666950,4098153; 

666951,4098026; 667019,4098055; 

667165,4097991; 667164,4097968; 

666966,4097881; 666922,4097835; 

666986,4097799; 667003,4097688; 

667048,4097702; 667168,4097684; 

667129,4097631; 667116,4097561; 

667020,4097558; 667008,4097537; 

667099,4097487;667055,4097423; 

667159,4097407; 667208,4097375; 

667217,4097336; 667188,4097304; 

667079,4097302; 667121,4097256; 

667108,4097215; 667216,4097219; 

667237,4097176; 667177,4096987; 

667122,4096950; 667138,4096910; 

667123,4096867; 667055,4096761; 

667019,4096757; 666810,4096850; 

666773,4096843; 666916,4096729; 

666883,4096642; 667035,4096604; 

666974,4096532; 667032,4096458; 

667002,4096421; 667025,4096243; 

667013,4096066; 666920,4096010; 

666991,4095957; 667008,4095843; 

666942,4095750; 666914,4095640; 

666804,4095656; 666817,4095616; 

666871,4095585; 666842,4095462; 

666757,4095316; 666703,4095057; 

666629,4094973; 666476,4094963; 

666151,4095087; 666010,4095201; 

665864,4095242; 665680,4095409; 

665560,4095423; 665646,4095354; 

665628,4095281; 665133,4094656; 

664629,4094273; 664336,4094181; 

663579,4094126; 662903,4094024; 

662627,4093892; 662114,4093272; 

662002,4093094; 661985,4092928; 

662017,4092804; 661861,4092709; 

661698,4092500; 661439,4092428; 

661173,4092479; 660937,4092480; 

660867,4092456; 660778,4092369; 


sroberts on DSKD5P82C1PROD with RULES
12924 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

660653,4092059; 660641,4091925; 

660251,4091760; 660162,4091782; 

660033,4091877; 659967,4092014; 

659578,4091748; 659359,4091688; 

659281,4091628; 659225,4091618; 

659081,4091462; 659012,4091243; 

658823,4091051; 658811,4091000; 

658834,4090938; 658652,4090568; 

658536,4090484; 658327,4090267; 

658238,4090241; 658097,4090251; 

658003,4090204; 657809,4089947; 

657778,4089851; 657686,4089782; 

657568,4089485; 657568,4089346; 

657601,4089299; 657587,4089210; 

657511,4089045; 657334,4088785; 

657337,4088609; 656887,4088671; 

656620,4088788; 656450,4088810; 

656195,4088944; 656116,4089065; 

655798,4089159; 655705,4089250; 

655627,4089232; 655441,4089279; 

655345,4089260; 655315,4089403; 

655230,4089528; 655106,4089558; 

654939,4089501; 654853,4089597; 

654740,4089673; 654735,4089732; 

654811,4089882; 654746,4090139; 

654513,4090406; 654546,4090496; 

654519,4090556; 654368,4090555; 

654207,4090684; 654221,4090874; 

654190,4091086; 654097,4091175; 

654017,4091351; 653970,4091584; 

653873,4091763; 653690,4091867; 

653524,4092207; 653518,4092389; 

653271,4092529; 653234,4092609; 

653141,4092649; 653024,4092881; 

652991,4092920; 652907,4092947; 

652783,4093103; 652808,4093336; 

652795,4093795; 652681,4093930; 

652387,4094024; 652281,4094100; 

652277,4094330; 652176,4094616; 

651578,4094413; 651457,4094399; 

651335,4094442; 651294,4094433; 

651255,4094406; 651200,4094306; 

651041,4094194; 651004,4094103; 

651021,4094006; 650935,4093717; 

650820,4093498; 650856,4093402; 

650834,4093186; 650770,4093055; 

650719,4093016; 650679,4093015; 

650618,4093083; 650437,4093063; 

650351,4093098; 650294,4093186; 

650233,4093234; 650039,4093208; 

649927,4093137; 649797,4093136; 

649758,4093257; 649600,4093531; 

649500,4093612; 649281,4093710; 

649182,4093907; 648947,4094034; 

648767,4094350; 648648,4094405; 

648465,4094423; 648360,4094556; 

648287,4094611; 648256,4094848; 

648270,4095011; 648182,4095217; 

647955,4095237; 647499,4095104; 

647399,4095096; 647330,4095013; 

647163,4094988; 647047,4094899; 

647028,4094802; 646891,4094825; 

646858,4094755; 646811,4094723; 

646791,4094618; 646647,4094535; 

646404,4094494; 646329,4094408; 

646077,4094318; 646043,4094286; 

646032,4094221; 646117,4094190; 

646315,4093942; 646451,4093853; 

646414,4093639; 646328,4093581; 

646369,4093496; 646469,4093433; 

646498,4093347; 646509,4093052; 

646435,4092908; 646488,4092740; 

646467,4092637; 646480,4092484; 

646431,4092418; 646345,4092375; 

646012,4092339; 645936,4092310; 

645651,4091987; 645619,4091861; 

645494,4091762; 645459,4091523; 

645436,4091524; 645381,4091594; 

645227,4091970; 644956,4092226; 

644889,4092333; 644865,4092425; 

644900,4092639; 645061,4092813; 

645090,4092892; 645133,4093347; 

645063,4093671; 644895,4094099; 

644836,4094483; 644816,4095023; 

644770,4095291; 644852,4095537; 

644692,4095730; 644622,4095672; 

644540,4095771; 644385,4095788; 

644150,4095515; 643759,4094905; 

643681,4094923; 643804,4094673; 

643863,4094207; 643947,4094039; 

644036,4093946; 644082,4093749; 

644036,4093485; 643894,4093161; 

643947,4092835; 643943,4092735; 

643763,4092502; 643778,4092414; 

643858,4092250; 643907,4092011; 

643904,4091716; 643864,4091630; 

643738,4091561; 643704,4091517; 

643902,4091318; 643926,4091254; 

643919,4091216; 643876,4091197; 

643682,4091200; 643633,4091169; 

643636,4091144; 643768,4091091; 

643823,4090973; 643903,4090941; 

643992,4090806; 644009,4090683; 

643980,4090610; 643928,4090568; 

643740,4090548; 643593,4090566; 

643417,4090608; 643221,4090701; 

643062,4090726; 642950,4090790; 

642814,4090752; 642714,4090758; 

642535,4090824; 642377,4090934; 

642293,4091095; 642036,4091324; 

641838,4091579; 641651,4091653; 

641587,4091704; 641518,4091805; 

641374,4091904; 641216,4091951; 

641183,4091982; 641176,4092144; 

641094,4092352; 641090,4092438; 

641157,4092493; 641350,4092414; 

641267,4092622; 641057,4092687; 

641018,4092746; 641017,4092811; 

641180,4093187; 641149,4093270; 

641050,4093294; 640939,4093172; 

640801,4093088; 640674,4093099; 

640520,4093221; 640465,4093228; 

640439,4093188; 640438,4093107; 

640365,4093044; 640027,4093016; 

639702,4092949; 639512,4092976; 

639712,4093226; 639850,4093586; 

639939,4093906; 639973,4094495; 

639965,4094799; 640079,4095069; 

640242,4095348; 640309,4095610; 

640286,4095886; 640254,4095996; 

640262,4096145; 640232,4096219; 

640073,4096388; 639856,4096470; 

639736,4096573; 639387,4096626; 

639344,4096722; 639215,4096834; 

639155,4096827; 639083,4096737; 

638998,4096692; 638692,4096748; 

638645,4096807; 638641,4096872; 

638840,4097137; 638618,4097256; 

638400,4097265; 638146,4097414; 

638111,4097528; 637947,4097647; 

637830,4097864; 637775,4098050; 

637786,4098085; 637902,4098238; 

638059,4098263; 638111,4098409; 

638007,4098366; 637863,4098416; 

637802,4098534; 637761,4098693; 

637679,4098771; 637605,4098767; 

637237,4098867; 636845,4099033; 

636776,4099040; 636581,4099001; 

636390,4099025; 636221,4099088; 

636011,4099096; 635725,4099252; 

635680,4099316; 635619,4099720; 

635663,4099862; 635587,4099960; 

635546,4100125;635453,4100204; 

635388,4100212; 635302,4100179; 

635251,4100208; 635125,4100421; 

635087,4100546; 634956,4100712; 

634884,4100857; 634726,4100913; 

634608,4101021; 634551,4101110; 

634485,4101292; 634392,4101417; 

634028,4101603; 633905,4101812; 

633797,4101901; 633726,4102017; 

633722,4102251; 633521,4102565; 

632829,4102548; 632606,4102597; 

632783,4103163; 632399,4104333; 

632239,4104397; 631719,4104456; 

631546,4104625; 631213,4104741; 

631161,4104817; 631157,4104921; 

631069,4105021; 630977,4105063; 

630964,4105109; 630778,4105330; 

630643,4105544; 630607,4105579; 

630482,4105607; 630435,4105645; 

630468,4105831; 630383,4105962; 

630318,4106184; 630241,4106257; 

630237,4106356; 630165,4106449; 

630003,4106545; 629870,4106820; 

629714,4107029; 629557,4107390; 

629544,4107573; 629498,4107755; 

629458,4107886; 629394,4107941; 

629373,4107994; 629353,4108126; 

629308,4108227; 629233,4108310; 

629141,4108357; 629108,4108410; 

629052,4108947; 629083,4109024; 

629149,4109061; 629183,4109142; 

629062,4109075; 628948,4109076; 

628796,4108906; 628782,4108817; 

628625,4108893; 628568,4108994; 

628416,4109039; 628402,4109420; 

628321,4109540; 628314,4109750; 

628251,4109890; 628105,4109947; 

628022,4110080; 628010,4110233; 

627933,4110391; 627469,4110933; 

627423,4110926; 627388,4110977; 

627490,4111114; 627391,4111261; 

627394,4111334; 627480,4111507; 

627385,4111753; 627426,4111910; 

627418,4112146; 627614,4112518; 

627638,4112652; 627557,4112743; 

627358,4112811; 627291,4112961; 

627261,4113097; 627201,4113193; 

627132,4113270; 626903,4113417; 

626719,4113599; 626623,4113725; 

626578,4113887; 626434,4114068; 

626423,4114125; 626690,4114262; 

626784,4114467; 626787,4114534; 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12925 

626726,4114762; 626960,4115056; 

626923,4115263; 626869,4115368; 

626870,4115565; 626925,4115642; 

627060,4115683; 627167,4115669; 

627576,4115719; 627682,4115852; 

627889,4115942; 628031,4116109; 

628103,4116255; 628286,4116352; 

628278,4116490; 628335,4116718; 

628325,4116853; 628395,4116980; 

628356,4117170; 628459,4117262; 

628615,4117346; 628623,4117388; 

628522,4117558; 628134,4117680; 

628093,4117865; 628001,4118038; 

627808,4118083; 627643,4118155; 

627419,4118344; 627214,4118603; 

627179,4118618; 627043,4118585; 

626941,4118796; 626751,4118956; 

626716,4119059; 626651,4119139; 

626641,4119261; 626672,4119312; 

626758,4119371; 626781,4119494; 

626877,4119598; 626974,4119631; 

626989,4119737; 627034,4119828; 

627247,4119851; 627320,4119803; 

627472,4119822; 627655,4119787; 

627818,4119904; 627861,4119981; 

627933,4120021; 628181,4120054; 

628259,4119984; 628392,4120115; 

628483,4120293; 628489,4120390; 

628754,4120575; 628774,4120652; 

629144,4121010; 629269,4121094; 

629803,4121223; 629856,4121184; 

629910,4121041; 629987,4120938; 

630087,4120937; 630186,4120882; 

630395,4120831; 630565,4120699; 

630924,4120570; 630985,4120528; 

631157,4120347; 631185,4120270; 

631319,4120093; 631417,4120048; 

631500,4119910; 631714,4119996; 

631853,4120126; 631975,4120552; 

632218,4120977; 632441,4121188; 

632522,4121351; 632708,4121430; 

632859,4121567; 632993,4121415; 

633176,4121419; 633266,4121504; 

633231,4121662; 633303,4121820; 

633279,4121940; 633319,4121985; 

633314,4122039; 633253,4122087; 

633190,4122214; 633392,4122505; 

633547,4122539; 633467,4122678; 

633529,4122783; 633641,4123102; 

633616,4123188; 633489,4123308; 

633465,4123374; 633599,4123619; 

633612,4123689; 633909,4123712; 

634007,4123766; 634079,4123760; 

634185,4123709; 634520,4123699; 

634693,4123562; 634864,4123521; 

634934,4123479; 635026,4123302; 

635148,4123158; 635412,4123050; 

635511,4122886; 635585,4122811; 

635688,4122750; 635829,4122770; 

635886,4122679; 635952,4122623; 

636163,4122601; 636333,4122655; 

636481,4122645; 636610,4122687; 

636711,4122672; 636775,4122711; 

636866,4122976; 636912,4123044; 

637267,4123340; 637206,4123572; 

637205,4123665; 637101,4123719; 

636988,4123848; 636927,4123873; 

636897,4123954; 636926,4124017; 

637015,4124087; 636986,4124222; 

637063,4124300; 637122,4124411; 

637054,4124511; 637073,4124589; 

637048,4124670; 636967,4124824; 

636922,4124850; 636878,4124925; 

636899,4125004; 636960,4125046; 

637017,4125045; 637031,4125169; 

637095,4125265; 637064,4125306; 

637048,4125431; 637005,4125514; 

637040,4125617; 636963,4125702; 

636959,4125785; 637023,4125924; 

637147,4125951; 637074,4126120; 

637048,4126273; 637002,4126331; 

636998,4126418; 637063,4126493; 

636964,4126727; 636964,4126800; 

636984,4126889; 637031,4126953; 

637016,4127032; 636944,4127069; 

636843,4127169; 636793,4127268; 

636643,4127421; 636622,4127496; 

636570,4127550; 636566,4127614; 

636601,4127723; 636638,4127786; 

636721,4127842; 636831,4127793; 

636864,4127754; 636936,4127766; 

637048,4127882; 637058,4128046; 

637121,4128192; 637273,4128338; 

637371,4128367; 637439,4128360; 

637491,4128395; 637504,4128431; 

637475,4128612; 637398,4128865; 

637490,4128976; 637616,4129021; 

637667,4129080; 637899,4129178; 

637943,4129175; 638111,4129126; 

638206,4129043; 638279,4129045; 

638355,4128931; 638612,4128834; 

638846,4128930; 638909,4128934; 

639057,4129011; 639199,4129040; 

639431,4129195; returning to 

639546,4129203. 

(ii) Note: Unit STC-2 for California 

red-legged frog is depicted on the map 

in paragraph (30)(ii) of this entry. 

(32) Unit SCZ-1: Santa Cruz and San 

Mateo Counties, California. From USGS 

1:24,000 scale quadrangles Franklin 

Point, Ano Nuevo, Big Basin, 

Davenport, Felton and Santa Cruz. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 563662,4115064; 

563902,4115237; 563915,4115297; 

563879,4115420; 563931,4115559; 

563887,4115633; 563895,4115727; 

563964,4115960; 564045,4116048; 

564048,4116217; 564134,4116372; 

564140,4116453; 564414,4116466; 

564501,4116430; 564644,4116464; 

564701,4116455; 564742,4116504; 

564749,4116592; 564832,4116671; 

564995,4116680; 565091,4116711; 

565262,4116712; 565425,4116788; 

565671,4117091; 565809,4117126; 

565894,4117190; 565921,4117260; 

565927,4117536; 566051,4117615; 

566110,4117736; 566304,4117724; 

566404,4117833; 566576,4117892; 

567036,4118184; 567262,4118281; 

567499,4118333; 567590,4118548; 

567733,4118731; 567746,4118785; 

567699,4118870; 567704,4118933; 

567778,4119012; 567942,4119114; 

568006,4119097; 568067,4119030; 

568274,4118928; 568430,4118898; 

568652,4118929; 568788,4118975; 

568881,4118980; 568939,4118954; 

569151,4119022; 569218,4119108; 

569260,4119124; 569422,4119083; 

569476,4119040; 569571,4118885; 

569845,4118763; 569977,4118646; 

570191,4118236; 570505,4118044; 

570662,4117740; 570849,4117476; 

570922,4117312; 571458,4117009; 

571527,4116831; 571510,4116573; 

571552,4116437; 571546,4116349; 

571667,4116105; 571672,4115971; 

571624,4115844; 571834,4115456; 

572014,4114800; 571999,4114663; 

571958,4114557; 571724,4114348; 

571686,4114278; 571692,4114244; 

571770,4114100; 571872,4114050; 

571891,4113944; 571928,4113887; 

572145,4113691; 572238,4113541; 

572410,4113497; 572422,4113471; 

572383,4113428; 572275,4113380; 

572190,4113291; 571991,4112934; 

571986,4112755; 572028,4112600; 

571938,4112494; 571948,4112437; 

572018,4112345; 572159,4112277; 

572180,4112230; 572014,4112052; 

571788,4111956; 571722,4111803; 

571522,4111664; 571456,4111512; 

571426,4111382; 571432,4111298; 

571556,4111218; 571831,4111207; 

571945,4111012; 572126,4110986; 

572296,4110916; 572355,4110861; 

572400,4110669; 572449,4110629; 

572665,4110563; 573032,4110522; 

573210,4110425; 573396,4110412; 

573515,4110339; 573552,4110252; 

573551,4110105; 573581,4110001; 

574046,4109512; 574309,4109172; 

574432,4109053; 574685,4108907; 

574846,4108732; 574881,4108547; 

574995,4108383; 575066,4107912; 

575127,4107794; 575247,4107709; 

575542,4107691; 575616,4107666; 

576142,4107244; 576342,4106833; 

576364,4106472; 576456,4106126; 

576449,4106015; 576491,4105706; 

576374,4105368; 576464,4105110; 

576710,4104644; 576898,4104558; 

577006,4104480; 577078,4104398; 

577093,4104337; 577074,4104056; 

576991,4103801; 576995,4103644; 

577561,4103149; 577688,4103089; 

578028,4102717; 578146,4102420; 

578061,4102291; 578030,4102169; 

578091,4102066; 578087,4101987; 

577874,4101885; 577887,4101790; 

578067,4101506; 578161,4101440; 

578273,4101407; 578410,4101243; 

578482,4101025; 578546,4100957; 

578637,4100917; 578682,4100701; 

578804,4100569; 578865,4100465; 

579150,4100310; 579322,4100254; 

579434,4100153; 579480,4100023; 

579488,4099773; 579469,4099660; 

579410,4099528; 579426,4099493; 

579516,4099446; 579530,4099383; 


sroberts on DSKD5P82C1PROD with RULES
12926 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

579486,4099239; 579486,4099152; 

579561,4099035; 579589,4098829; 

579762,4098630; 579871,4098566; 

579957,4098355; 580193,4098159; 

580330,4098160; 580426,4098102; 

580669,4098106; 580861,4098168; 

581010,4098149; 581168,4098063; 

581422,4097753; 581616,4097576; 

582018,4097337; 582277,4097203; 

582555,4097250; 582592,4097218; 

582711,4096974; 582847,4096872; 

582932,4096650; 583059,4096480; 

583210,4096352; 583304,4096109; 

583288,4095861; 583390,4095602; 

583352,4095509; 583512,4095165; 

583460,4094954; 583478,4094782; 

583513,4094670; 583568,4094655; 

583615,4094582; 583597,4094481; 

583611,4094312; 583761,4093780; 

583795,4093387; 583779,4093252; 

583722,4093092; 583703,4092859; 

583747,4092502; 583832,4092321; 

583859,4091876; 583916,4091657; 

584008,4091471; 583895,4091228; 

583898,4090922; 583863,4090799; 

583829,4090470; 583901,4089880; 

583964,4089669; 583925,4089666; 

583895,4089633; 583886,4089659; 

583936,4089703; 583760,4089751; 

583724,4089721; 583649,4089715; 

583547,4089648; 583358,4089623; 

583180,4089516; 583081,4089615; 

583042,4089610; 583007,4089546; 

582975,4089594; 582813,4089599; 

582671,4089703; 582604,4089693; 

582582,4089761; 582530,4089751; 

582479,4089676; 582440,4089713; 

582427,4089770; 582389,4089724; 

582281,4089766; 582234,4090003; 

582145,4090053; 581928,4090091; 

581851,4090055; 581845,4090012; 

581791,4090029; 581786,4089986; 

581695,4089926; 581592,4089965; 

581607,4090024; 581575,4090049; 

581529,4090027; 581471,4090045; 

581411,4090017; 581401,4089979; 

581335,4089979; 581264,4090087; 

581261,4090236; 581229,4090134; 

581105,4090195; 581133,4090145; 

581084,4090138; 580919,4090222; 

580871,4090193; 580848,4090130; 

580748,4090235; 580664,4090239; 

580628,4090279; 580569,4090242; 

580550,4090291; 580521,4090303; 

580418,4090308; 580362,4090260; 

580336,4090300; 580299,4090307; 

580259,4090269; 580230,4090305; 

580123,4090237; 579966,4090344; 

579953,4090384; 579820,4090341; 

579700,4090402; 579589,4090382; 

579486,4090486; 579316,4090558; 

579273,4090666; 579000,4090846; 

578981,4090865; 579007,4090901; 

578990,4090938; 578828,4091033; 

578781,4091096; 578675,4091097; 

578500,4091040; 578416,4091089; 

578375,4091037; 578354,4091059; 

578381,4091100; 578365,4091197; 

578228,4091379; 578098,4091453; 

577985,4091489; 577834,4091436; 

577738,4091268; 577686,4091341; 

577612,4091340; 577556,4091388; 

577512,4091517; 577440,4091551; 

577421,4091538; 577371,4091579; 

577335,4091586; 577317,4091551; 

577175,4091642; 577077,4091648; 

577020,4091551; 576976,4091638; 

577014,4091727; 576938,4091669; 

576894,4091716; 576945,4091863; 

576700,4092252; 576596,4092354; 

576574,4092349; 576563,4092394; 

576457,4092499; 576277,4092618; 

576216,4092627; 576184,4092669; 

576160,4092620; 576121,4092625; 

576115,4092672; 576060,4092706; 

575884,4092731; 575837,4092713; 

575840,4092666; 575809,4092631; 

575673,4092602; 575660,4092559; 

575626,4092611; 575584,4092625; 

575572,4092591; 575563,4092631; 

575504,4092560; 575453,4092591; 

575374,4092572; 575335,4092638; 

575329,4092757;575274,4092795; 

575283,4092861; 575188,4092917; 

575185,4093065; 575226,4093094; 

575173,4093192; 575074,4093326; 

574933,4093458; 574867,4093473; 

574882,4093428; 574850,4093425; 

574844,4093517; 574818,4093560; 

574752,4093569; 574741,4093607; 

574666,4093619; 574626,4093760; 

574596,4093767; 574561,4093847; 

574389,4093921; 574349,4093875; 

574241,4093844; 574172,4093869; 

574138,4093844; 574136,4093908; 

574075,4093876; 574064,4093933; 

573990,4093903; 573942,4093912; 

573928,4093952; 573975,4093985; 

573984,4094021; 573964,4094025; 

573975,4094061; 573927,4094092; 

573972,4094140; 573859,4094342; 

573825,4094349; 573840,4094376; 

573789,4094445; 573731,4094460; 

573683,4094403; 573661,4094522; 

573621,4094555; 573612,4094601; 

573558,4094492; 573540,4094542; 

573510,4094544; 573493,4094515; 

573426,4094611; 573409,4094570; 

573392,4094622; 573339,4094631; 

573299,4094696; 573268,4094678; 

573240,4094853; 573077,4094856; 

573053,4094831; 572925,4094895; 

572861,4094877; 572834,4094958; 

572797,4094928; 572750,4094966; 

572749,4094931; 572641,4095014; 

572697,4095147; 572810,4095121; 

572802,4095154; 572830,4095204; 

572796,4095282; 572731,4095277; 

572748,4095311; 572733,4095321; 

572626,4095287; 572617,4095351; 

572576,4095331; 572454,4095346; 

572437,4095328; 572443,4095451; 

572503,4095519; 572491,4095591; 

572418,4095635; 572356,4095569; 

572261,4095667; 572195,4095659; 

572155,4095718; 572113,4095680; 

572096,4095708; 572111,4095761; 

572055,4095848; 571897,4095903; 

571858,4095895; 571862,4096058; 

571833,4096108; 571735,4096194; 

571603,4096258; 571538,4096257; 

571484,4096218; 571458,4096323; 

571346,4096386; 571205,4096559; 

570968,4096661; 570751,4096651; 

570681,4096720; 570624,4096707; 

570527,4096949; 570465,4097003; 

570454,4097092; 570380,4097245; 

570167,4097461; 570034,4097491; 

569849,4097588; 569789,4097746; 

569698,4097893; 569649,4097909; 

569547,4097894; 569342,4097956; 

569292,4097954; 569264,4097897; 

569117,4097936; 569039,4098135; 

568968,4098244; 568946,4098368; 

568796,4098518; 568782,4098688; 

568723,4098803; 568671,4098825; 

568612,4098978; 568622,4099028; 

568559,4099178; 568553,4099243; 

568524,4099262; 568520,4099369; 

568440,4099480; 568442,4099519; 

568406,4099530; 568395,4099594; 

568420,4099626; 568367,4099718; 

568216,4099838; 568204,4099880; 

568173,4099888; 568189,4099915; 

568101,4100032; 567885,4100202; 

567744,4100433; 567607,4100545; 

567537,4100657; 567361,4100812; 

567299,4100932; 567147,4101134; 

567057,4101210; 566910,4101434; 

566611,4101575; 566544,4101699; 

566433,4101745; 566392,4101793; 

566356,4101789; 566388,4101993; 

566333,4102062; 566275,4102212; 

566136,4102401; 566118,4102589; 

566072,4102662; 565991,4102697; 

565972,4102674; 565930,4102680; 

565946,4102626; 565924,4102615; 

565900,4102670; 565929,4102740; 

565911,4102816; 565882,4102840; 

565874,4102804; 565907,4102762; 

565887,4102715; 565825,4102792; 

565801,4102878; 565810,4102908; 

565848,4102915; 565824,4102952; 

565848,4102989; 565842,4103042; 

565791,4103033; 565738,4103204; 

565680,4103206; 565625,4103159; 

565616,4103233; 565543,4103296; 

565578,4103439; 565539,4103436; 

565501,4103492; 565401,4103720; 

565199,4103831; 565126,4103806; 

565100,4103713; 565070,4103707; 

565066,4103772; 565155,4103883; 

565098,4103970; 565096,4104075; 

564994,4104369; 564892,4104548; 

564763,4104629; 564710,4104693; 

564574,4104758; 564473,4104867; 

564416,4105008; 564358,4105381; 

564240,4105406; 564184,4105612; 

563942,4105843; 563669,4106165; 

563521,4106429; 563361,4106551; 

563285,4106671; 563211,4106722; 

563138,4106701; 562925,4106878; 

562480,4107410; 562306,4107540; 

562271,4107521; 562216,4107548; 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12927 

562083,4107641; 562077,4107679; 

561911,4107769; 561821,4107864; 

561722,4107894; 561645,4108008; 

561537,4108019; 561445,4108083; 

561130,4108181; 561017,4108187; 

560928,4108176; 560923,4108124; 

560879,4108135; 560867,4108044; 

560816,4107990; 560796,4108002; 

560827,4108043; 560791,4108076; 

560749,4108062; 560607,4108089; 

560563,4108046; 560544,4108073; 

560449,4107983; 560460,4107949; 

560283,4107949; 560184,4107924; 

560078,4107843; 560065,4107803; 

560027,4107820; 559947,4107797; 

559821,4107696; 559712,4107652; 

559614,4107545; 559570,4107533; 

559573,4107610; 559497,4107836; 

559369,4108023; 559286,4108097; 

559097,4108143; 558914,4108084; 

558854,4108125; 558777,4108324; 

558760,4108439; 558717,4108487; 

558673,4108495; 558736,4108557; 

558824,4108945; 558881,4109532; 

558866,4109698; 559083,4109688; 

559289,4109712; 559568,4109783; 

559896,4109954; 560221,4110181; 

560498,4110229; 560995,4110456; 

561449,4110728; 561786,4110867; 

561870,4111057; 561856,4111183; 

561878,4111290; 561988,4111391; 

562032,4111463; 562215,4111525; 

562363,4111535; 562547,4111655; 

562782,4111665; 562843,4111708; 

562891,4111931; 562858,4112520; 

562897,4112658; 562880,4112848; 

562925,4112913; 563028,4112916; 

563082,4112944; 563162,4113061; 

563187,4113347; 563322,4113654; 

563392,4113759; 563426,4113985; 

563507,4114141; 563510,4114309; 

563666,4114460; 563710,4114883; 

returning to 563662,4115064. 

Excluding: 573194,4098886; 

573212,4098861; 573233,4098878; 

573215,4098903; returning to 

573194,4098886. Excluding: 

573580,4098341; 573624,4098338; 

573660,4098454; 573623,4098464; 

returning to 573580,4098341. 

Excluding: 574941,4098271; 

574925,4098209; 575067,4098224; 

returning to 574941,4098271. 

Excluding: 573381,4098107; 

573397,4098073; 573480,4098118; 

573464,4098150; returning to 

573381,4098107. Excluding: 

575347,4097747; 575349,4097646; 

575448,4097670; 575379,4097752; 

returning to 575347,4097747. 

Excluding: 575388,4097590; 

575394,4097549; 575456,4097559; 

575440,4097610; returning to 

575388,4097590. Excluding: 

574744,4097505; 574777,4097483; 

574803,4097522; 574771,4097541; 

returning to 574744,4097505. 

(ii) Note: Map of Units SCZ-1 and 

SCZ-2 for the California red-legged frog 

follows: 

BILLING CODE 4310–55–S 


sroberts on DSKD5P82C1PROD with RULES
12928 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 


sroberts on DSKD5P82C1PROD with RULESER17MR10.018</GPH>
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12929 

(33) Unit SCZ-2: Santa Cruz County, 

California. From USGS 1:24,000 scale 

quadrangle Watsonville West. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 607874,4086411; 

608701,4084860; 608605,4084937; 

608520,4084844; 608271,4084560; 

608221,4084334; 607164,4083847; 

606471,4082967; 606324,4083005; 

605956,4083724; 605973,4084135; 

606148,4084358; 606145,4084654; 

605804,4085090; 605562,4085868; 

605307,4086095; 604763,4086054; 

604698,4086167; 604132,4086258; 

603520,4086848; 603133,4087000; 

602103,4087771; 601519,4088060; 

601570,4088484; 602074,4088759; 

602064,4088910; 602395,4089247; 

602360,4089344; 602512,4089607; 

603336,4088906; 604761,4088286; 

606286,4087760; 607611,4086748; 

returning to 607874,4086411. 

(ii) Note: Unit SCZ-2 for California 

red-legged frog is depicted on the map 

in paragraph (32)(iii) of this entry. 

(34) Unit MNT-1: Monterey County, 

California. From USGS 1:24,000 scale 

quadrangle Prunedale. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 

613002,4076673; 613380,4076378; 

613142,4076444; 613147,4076371; 

613064,4076368; 613366,4076130; 

613249,4075818; 613416,4075763; 

613219,4075623; 613496,4075230; 

613600,4075201; 613180,4074959; 

612571,4074924; 612260,4075009; 

612080,4075185; 612505,4076777; 

612513,4077290; 612970,4077581; 

613035,4077429; 612824,4076812; 

returning to 613002,4076673. 

(ii) Note: Map of Units MNT-1, MNT2, and MNT-3 for the California redlegged frog follows: 


sroberts on DSKD5P82C1PROD with RULES
12930 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

BILLING CODE 4310–55–C 


sroberts on DSKD5P82C1PROD with RULESER17MR10.019</GPH>
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12931 

(35) Unit MNT-2: Monterey County, 

California. From USGS 1:24,000 scale 

quadrangles Monterey, Soberanes Point, 

Seaside, Mt. Carmel, Big Sur, Spreckles, 

Carmel Valley, Ventana Cones, Rana 

Creek, Chews Ridge, Palo Escrito Peak 

and Sycamore Flat. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 603442,4046923; 

603634,4046726; 603827,4046640; 

604472,4046893; 604714,4046944; 

605564,4046793; 605712,4046847; 

605926,4046833; 606069,4046665; 

606157,4046466; 606345,4046146; 

606452,4045750; 606540,4045608; 

606636,4045570; 606841,4045661; 

607122,4045606; 607261,4045631; 

607468,4045737; 608030,4045720; 

608776,4045973; 609217,4046057; 

609446,4046061; 609863,4046205; 

610192,4046221; 610407,4046185; 

610485,4045965; 610423,4045760; 

610412,4045576; 610466,4045473; 

611386,4045442; 611541,4045144; 

611589,4044840; 611518,4044364; 

611959,4043678; 611994,4043566; 

612003,4043265; 612175,4043133; 

612308,4043088; 612387,4042971; 

612478,4042972; 612536,4042934; 

612508,4042779; 612596,4042586; 

612760,4042422; 612861,4042201; 

612877,4042127; 612845,4042022; 

612944,4041748; 613081,4041815; 

613348,4041756; 613487,4041676; 

613625,4041668; 613673,4041573; 

613676,4041527; 613631,4041448; 

613654,4041417; 613773,4041356; 

614082,4041366; 614257,4041330; 

614298,4041299; 614340,4041165; 

614382,4041122; 614460,4041143; 

614615,4041129; 614653,4041057; 

614608,4040970; 614716,4040830; 

614844,4040739; 615002,4040742; 

615036,4040710; 615041,4040639; 

615102,4040569; 615163,4040569; 

615284,4040647; 615344,4040596; 

615413,4040347; 615451,4040326; 

616150,4040222; 616494,4040253; 

616619,4040237; 616706,4040177; 

616870,4039959; 617177,4039761; 

617246,4039782; 617424,4039744; 

617840,4039742; 618201,4039619; 

618329,4039619; 618508,4039714; 

618668,4039905; 618722,4039906; 

618758,4039902; 619018,4039723; 

619077,4039603; 619164,4039232; 

619154,4039095; 619090,4038964; 

619029,4038906; 618864,4038851; 

618726,4038618; 618633,4038522; 

618078,4038260; 618036,4038179; 

618028,4038060; 617998,4038000; 

617586,4037827; 617334,4037641; 

617132,4037387; 616875,4037268; 

616722,4037104; 616657,4036932; 

616646,4036839; 616856,4036613; 

616918,4036460; 616859,4036232; 

616878,4035933; 616842,4035706; 

616910,4035453; 616908,4035384; 

616811,4034976; 616709,4034737; 

616665,4034280; 616712,4034004; 

616891,4033622; 616990,4033512; 

617122,4033488; 617166,4033289; 

617269,4033210; 617342,4033209; 

617494,4033258; 617598,4033106; 

617681,4033062; 617788,4033074; 

617992,4033159; 618133,4033154; 

618242,4033111; 618341,4032792; 

618408,4032738; 618585,4032665; 

618691,4032391; 618807,4032296; 

619088,4032263; 619188,4032222; 

619402,4032075; 620095,4031886; 

620229,4031783; 620465,4031658; 

620518,4031654; 620607,4031728; 

620670,4031748; 620723,4031720; 

620976,4031408; 621208,4031299; 

621259,4031289; 621331,4031316; 

621430,4031421; 621494,4031436; 

621717,4031345; 622296,4031237; 

622576,4031104; 622852,4031014; 

623171,4030831; 623221,4030722; 

623398,4030535; 623647,4030483; 

623727,4030382; 623871,4030361; 

623977,4030313; 624380,4029981; 

624430,4029990; 624457,4030027; 

624520,4030231; 624563,4030294; 

624836,4030390; 625105,4030204; 

625241,4029931; 625424,4029846; 

625459,4029793; 625485,4029615; 

625529,4029587; 625648,4029601; 

625713,4029571; 625757,4029527; 

625770,4029379; 625816,4029330; 

626161,4029238; 626225,4029345; 

626422,4029516; 626682,4029363; 

626838,4029340; 626895,4029365; 

626932,4029398; 626951,4029471; 

627197,4029695; 627279,4029824; 

627278,4030080; 627338,4030345; 

627517,4030590; 627589,4030621; 

627610,4030873; 627666,4030985; 

627771,4031084; 627879,4031068; 

627921,4031084; 628088,4031349; 

628146,4031545; 628225,4031711; 

628271,4031928; 628342,4032031; 

628643,4031999; 628741,4032100; 

628792,4032123; 628889,4032075; 

629016,4031914; 629169,4031888; 

629241,4031714; 629786,4031660; 

629889,4031683; 629978,4031828; 

630029,4031864; 630144,4031849; 

630324,4031755; 630588,4031759; 

630721,4031738; 630873,4031783; 

631037,4031935; 631103,4031969; 

631187,4031969; 631362,4031912; 

631545,4031962; 631666,4031904; 

631719,4031914; 631824,4031971; 

631988,4032135; 632333,4032266; 

632436,4032280; 632598,4032351; 

632670,4032348; 632785,4032292; 

632854,4032296; 632999,4032401; 

633161,4032698; 633203,4032904; 

633305,4032747; 633509,4032610; 

633687,4032444; 633881,4032390; 

633989,4032248; 634176,4032162; 

634238,4032107; 634371,4031889; 

634449,4031824; 634543,4031796; 

634558,4031759; 634494,4031543; 

634451,4031243; 634777,4030901; 

634786,4030866; 634707,4030670; 

634723,4030500; 634819,4030403; 

635022,4030362; 635161,4030254; 

635219,4030033; 635380,4029868; 

635391,4029771; 635367,4029626; 

635507,4029368; 635465,4029053; 

635661,4028916; 635648,4028792; 

635669,4028717; 635628,4028410; 

635704,4028076; 635661,4027903; 

635645,4027680; 635748,4027507; 

635692,4027467; 635638,4027332; 

635403,4027164; 635327,4026784; 

635209,4026720; 635153,4026605; 

634935,4026365; 634885,4026164; 

634746,4026073; 634605,4025864; 

634485,4025791; 634314,4025609; 

634137,4025576; 633961,4025508; 

633803,4025351; 633621,4025077; 

633470,4024906; 633334,4024914; 

633176,4024967; 633100,4024946; 

632947,4024982; 632656,4024913; 

632376,4024790; 632215,4024814; 

632074,4024880; 632014,4024835; 

631753,4024759; 631588,4024812; 

631388,4024924; 631186,4024929; 

630863,4025141; 630665,4025370; 

630579,4025657; 630412,4025822; 

630273,4025894; 630032,4025962; 

629846,4026111; 629730,4026172; 

629445,4026240; 629344,4026288; 

629225,4026418; 629164,4026536; 

629059,4026632; 628888,4026886; 

628747,4026741; 628675,4026605; 

628643,4026187; 628584,4025963; 

628358,4025689; 628307,4025393; 

628174,4025284; 627998,4025199; 

628029,4025111; 628026,4025024; 

628140,4024783; 628335,4024251; 

628389,4023998; 628377,4023895; 

628309,4023719; 628101,4023443; 

627887,4023248; 627725,4023146; 

627633,4023016; 627439,4022876; 

627360,4022673; 627353,4022568; 

627551,4022184; 627645,4021935; 

627588,4021694; 627588,4021602; 

627644,4021271; 627704,4021126; 

627710,4020952; 627610,4020464; 

627916,4019856; 628015,4019764; 

628098,4019620; 628414,4019415; 

628524,4019377; 628502,4019214; 

628717,4018734; 628740,4018389; 

628952,4018059; 628948,4017989; 

628809,4017716; 628702,4017635; 

628622,4017516;628485,4017411; 

628424,4017216; 628362,4017145; 

628326,4017121; 628275,4017130; 

628194,4017232; 627991,4017342; 

627829,4017481; 627510,4017600; 

627141,4017542; 626957,4017470; 

626809,4017530; 626208,4017534; 

625892,4017716; 625820,4017733; 

625596,4017728; 625422,4017673; 

625272,4017705; 625011,4018004; 

624594,4018209; 624501,4018462; 

624370,4018688; 624143,4018882; 

623947,4018959; 623879,4019028; 


sroberts on DSKD5P82C1PROD with RULES
12932 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

623806,4019159; 623771,4019378; 

623723,4019428; 623335,4019450; 

623190,4019397; 623113,4019411; 

622897,4019551; 622689,4019616; 

622637,4019685; 622529,4019960; 

622511,4020068; 622280,4020117; 

622014,4020120; 621730,4020211; 

621487,4020203; 621220,4020307; 

620852,4020491; 620440,4020541; 

620255,4020500; 619864,4020642; 

619558,4020690; 619384,4020557; 

619283,4020377; 618994,4020006; 

618831,4019912; 618452,4019804; 

618262,4019677; 618175,4019691; 

618011,4019667; 617679,4019776; 

617373,4019761; 617216,4019781; 

617074,4019836; 616927,4019996; 

616712,4020069; 616584,4020161; 

616524,4020153; 616235,4020012; 

616054,4020023; 615975,4020098; 

615989,4020342; 615968,4020439; 

615912,4020528; 615839,4020572; 

615614,4020619; 615313,4020801; 

615226,4020943; 615181,4021141; 

615211,4021292; 615340,4021492; 

615378,4021666; 615716,4022234; 

615868,4022438; 616001,4022564; 

615801,4022657; 615597,4022916; 

615394,4023003; 615011,4023268; 

614758,4023392; 614492,4023578; 

614346,4023799; 614310,4023900; 

614317,4024126; 614374,4024416; 

614334,4024517; 614283,4024557; 

614115,4024594; 613982,4024719; 

613776,4024812; 613599,4025040; 

613422,4025119; 613211,4025118; 

613067,4025145; 612979,4025131; 

612641,4025030; 612463,4024877; 

612363,4024948; 612200,4024978; 

612089,4024964; 611995,4024905; 

611919,4024908; 611750,4025038; 

611669,4025235; 611427,4025539; 

611195,4025651; 610983,4025897; 

610929,4025669; 610424,4025385; 

609907,4025483; 609861,4025531; 

609755,4025743; 609518,4025859; 

609331,4026006; 609184,4026198; 

608969,4026365; 608893,4026398; 

608847,4027084; 608781,4027218; 

608655,4027332; 608691,4027442; 

608591,4027629; 608281,4027733; 

607966,4028005; 607618,4028204; 

607510,4028334; 607410,4028507; 

607348,4028553; 607041,4028534; 

606965,4028573; 606860,4028711; 

606704,4028792; 606758,4028980; 

606751,4029076; 606697,4029275; 

606622,4029420; 606586,4029580; 

606601,4029897; 606680,4030050; 

606594,4030249; 606669,4030768; 

606634,4030873; 606555,4030916; 

606409,4030916; 606346,4030941; 

606134,4031115; 605817,4031192; 

605669,4031149; 605598,4031155; 

605127,4031328; 604955,4031445; 

604869,4031534; 604796,4031662; 

604766,4031875; 604723,4031941; 

604415,4032092; 604215,4032159; 

604092,4032249; 603955,4032221; 

603767,4032244; 603363,4032526; 

603205,4032571; 603022,4032501; 

602795,4032606; 602672,4032823; 

602510,4032949; 602608,4033063; 

602616,4033255; 602683,4033401; 

602750,4033661; 602724,4033743; 

602512,4033882; 602118,4034068; 

601896,4034124; 601700,4034112; 

601556,4034329; 601369,4034418; 

601232,4034611; 601197,4035070; 

601245,4035219; 601077,4035491; 

601059,4035611; 601168,4035752; 

601185,4035813; 601206,4035964; 

601181,4036068; 601070,4036175; 

600949,4036231; 600889,4036286; 

600788,4036505; 600672,4036675; 

600429,4036795; 600160,4036993; 

600082,4037119; 600049,4037287; 

599998,4037408; 599832,4037611; 

599653,4037701; 599529,4037728; 

599442,4037802; 599471,4038184; 

599464,4038233; 599401,4038320; 

599247,4038399; 599163,4038508; 

599021,4038578; 598986,4038663; 

598904,4038731; 598573,4038761; 

598492,4038813; 598423,4038921; 

598328,4038926; 598311,4039055; 

598151,4039111; 598160,4039243; 

598250,4039388; 598249,4039431; 

598173,4039551; 598102,4039970; 

597770,4040819; 597253,4041444; 

596744,4041800; 596252,4042301; 

595916,4042481; 595975,4042509; 

596125,4042675; 596197,4042793; 

596225,4042892; 596185,4042943; 

596208,4042961; 596173,4043038; 

596113,4043052; 596153,4043238; 

596139,4043326; 596101,4043399; 

596051,4043440; 596048,4043526; 

595956,4043705; 595922,4043841; 

595913,4044017; 595803,4044251; 

595980,4044472; 596641,4044556; 

597625,4043868; 598316,4044030; 

598771,4043986; 599109,4044228; 

599364,4044256; 599492,4044450; 

599412,4044472; 599400,4044703; 

598784,4044876; 598904,4045023; 

598904,4045172; 598777,4045395; 

598977,4046334; 599354,4046979; 

599608,4047352; 599754,4047193; 

600359,4046861; 600490,4046893; 

600728,4047051; 600829,4047075; 

601344,4047023; 601618,4047106; 

601836,4047123; 601992,4046990; 

602578,4046917; 602830,4047224; 

603037,4047321; 603207,4047358; 

603370,4047112; returning to 

603442,4046923. 

(ii) Note: Unit MNT-2 for California 

red-legged frog is depicted on the map 

in paragraph (34)(ii) of this entry. 

(36) Unit MNT-3: Monterey County, 

California. From USGS 1:24,000 scale 

quadrangles Point Sur, Big Sur, Pfeiffer 

Point, Ventana Cones and Partington 

Ridge. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 599824,4020540; 

600160,4020013; 600076,4019744; 

600415,4019570; 600658,4019298; 

601003,4019253; 601097,4019279; 

601189,4019357; 601271,4019618; 

601335,4019536; 601395,4019503; 

601491,4019514; 601773,4019469; 

601816,4019444; 601850,4019407; 

601902,4019246; 602079,4019037; 

602174,4019087; 602354,4019075; 

602498,4019123; 602702,4019137; 

602825,4019084; 602973,4018931; 

603092,4018962; 603245,4019046; 

603482,4019006; 603567,4018867; 

603840,4018617; 604071,4018329; 

604181,4018122; 604235,4018085; 

604468,4018037; 604574,4017974; 

604688,4017843; 604803,4017638; 

604926,4017503; 605196,4017452; 

605294,4017407; 605379,4017319; 

605744,4017255; 605813,4017227; 

605965,4017095; 606124,4017066; 

606155,4017030; 606166,4016909; 

606220,4016829; 606378,4016938; 

606473,4016954; 606596,4017019; 

606806,4016941; 607037,4016541; 

607312,4016334; 607422,4016280; 

607466,4016273; 607542,4016318; 

607672,4016600; 607730,4016676; 

607972,4016737; 608190,4016668; 

608333,4016691; 608446,4016682; 

608613,4016563; 608672,4016546; 

608817,4016537; 609038,4016561; 

609237,4016506; 609444,4016311; 

609763,4016093; 610060,4016011; 

610232,4015866; 610291,4015914; 

610533,4015955; 610580,4015993; 

610629,4016131; 610706,4016228; 

611088,4016419; 611215,4016453; 

611713,4016508; 611928,4016439; 

612229,4016515; 612755,4016386; 

612872,4016555; 612904,4016695; 

613198,4016801; 613349,4016887; 

613426,4016961; 613551,4017247; 

613574,4017598; 613666,4017774; 

613921,4017893; 614131,4018132; 

614441,4018132; 614554,4018208; 

614737,4018259; 615012,4018206; 

615190,4018072; 615310,4018040; 

615329,4017912; 615409,4017705; 

615429,4017664; 615508,4017610; 

615985,4017571; 616026,4017571; 

616123,4017631; 616153,4017610; 

616300,4017463; 616340,4017345; 

616421,4017224; 616429,4017144; 

616304,4016940; 616254,4016812; 

616135,4016696; 616044,4016297; 

615879,4016083; 615857,4015992; 

615876,4015718; 615853,4015622; 

615696,4015504; 615510,4015239; 

615494,4015109; 615414,4014960; 

615376,4014673; 615249,4014662; 

615109,4014616; 615036,4014560; 

614950,4014399; 614781,4014347; 

614752,4014291; 614655,4014099; 

614739,4014004; 614855,4013821; 

614855,4013785; 614785,4013714; 

614438,4013524; 614323,4013384; 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12933 

614280,4013093; 614364,4012831; 

614367,4012711; 614313,4012537; 

614173,4012413; 614090,4012181; 

613737,4012003; 613631,4011981; 

613515,4012007; 613412,4011991; 

613333,4011935; 613200,4011762; 

613020,4011699; 612955,4011506; 

613025,4011319; 613058,4011125; 

613048,4011032; 613006,4010944; 

613003,4010847; 613064,4010768; 

613313,4010708; 613515,4010494; 

613581,4010470; 613645,4010394; 

613773,4010303; 613876,4010036; 

613994,4009961; 614008,4009841; 

614125,4009767; 614153,4009680; 

614331,4009440; 614483,4009353; 

614679,4009165; 614794,4009131; 

614980,4009138; 615170,4009058; 

615209,4008838; 615240,4008803; 

615637,4008698; 615852,4008576; 

615905,4008576; 615988,4008633; 

616065,4008647; 616366,4008569; 

616490,4008477; 616550,4008474; 

616643,4008518; 616821,4008290; 

617052,4008258; 617288,4008123; 

618016,4008020; 618187,4007907; 

618327,4007851; 618375,4007850; 

618482,4007931; 618583,4007951; 

618694,4007933; 619021,4007813; 

619251,4007637; 619473,4007351; 

619646,4007177; 619758,4007001; 

620061,4006831; 620156,4006669; 

620338,4006512; 620413,4006400; 

620486,4006172; 620633,4005989; 

620556,4005825; 620401,4005636; 

620082,4005388; 619827,4005255; 

619673,4005143; 619492,4005073; 

619408,4004977; 619192,4004812; 

619116,4004691; 619165,4004312; 

619270,4004107; 619333,4003893; 

619480,4003708; 619612,4003605; 

619604,4003535; 619498,4003282; 

619617,4003037; 619574,4002927; 

619548,4002555; 619466,4002366; 

619346,4002426; 619301,4002388; 

619256,4002458; 619199,4002467; 

619208,4002531; 619282,4002593; 

619267,4002635; 619217,4002647; 

619198,4002739; 619109,4002901; 

618952,4002935; 618919,4002976; 

618923,4003038; 618883,4003081; 

618585,4003204; 618524,4003175; 

618473,4003204; 618458,4003164; 

618419,4003171; 618409,4003273; 

618358,4003318; 618351,4003365; 

618312,4003369; 618278,4003329; 

618130,4003391; 618119,4003452; 

618077,4003432; 618052,4003445; 

618039,4003506; 617967,4003578; 

617892,4003603; 617837,4003691; 

617799,4003657; 617746,4003672; 

617684,4003813; 617650,4003825; 

617569,4003753; 617528,4003753; 

617488,4003792; 617476,4003879; 

617440,4003914; 617481,4003970; 

617400,4004012; 617351,4004091; 

617297,4004096; 617274,4004180; 

617244,4004160; 617263,4004053; 

617209,4004022; 617118,4004104; 

617154,4004182; 617036,4004132; 

616954,4004221; 616910,4004342; 

616933,4004372; 616934,4004461; 

616899,4004509; 616801,4004553; 

616757,4004834; 616613,4004966; 

616572,4004981; 616539,4004948; 

616521,4004987; 616543,4005024; 

616395,4005136; 616313,4005236; 

616250,4005262; 616164,4005252; 

616219,4005329; 616183,4005349; 

616175,4005470; 616117,4005578; 

616031,4005680; 615882,4005765; 

615807,4005864; 615646,4005878; 

615577,4005977; 615499,4005993; 

615495,4006036; 615528,4006041; 

615527,4006111; 615397,4006326; 

615291,4006407; 615094,4006495; 

614997,4006583; 614689,4006742; 

614392,4006843; 614356,4006848; 

614339,4006820; 614287,4006839; 

614153,4006939; 614079,4007089; 

613956,4007187; 613801,4007223; 

613765,4007211; 613596,4007282; 

613563,4007255; 613516,4007290; 

613408,4007318; 613414,4007343; 

613314,4007439; 613323,4007520; 

613248,4007644; 613160,4007717; 

612929,4007815; 612830,4007917; 

612699,4008005; 612517,4008037; 

612471,4008066; 612410,4008024; 

612385,4008031; 612390,4008062; 

612230,4008014; 612140,4008043; 

612046,4008042; 612044,4008081; 

611984,4008101; 611910,4008207; 

611844,4008224; 611858,4008256; 

611804,4008355; 611700,4008471; 

611484,4008596; 611348,4008752; 

611225,4008800; 611166,4008891; 

611047,4008924; 610973,4009055; 

610717,4009215; 610670,4009206; 

610683,4009244; 610504,4009385; 

610321,4009432; 610175,4009532; 

610133,4009493; 610081,4009514; 

610057,4009484; 610050,4009526; 

610102,4009568; 610088,4009618; 

610031,4009671;609575,4009924; 

609424,4009932; 609408,4009906; 

609370,4009902; 609297,4009953; 

609174,4009944; 609118,4009982; 

609022,4009959; 609029,4010046; 

608990,4010126; 608885,4010197; 

608720,4010216; 608718,4010302; 

608597,4010401; 608480,4010412; 

608380,4010458; 608252,4010459; 

608265,4010532; 608101,4010614; 

607847,4010675; 607718,4010660; 

607324,4010462; 607203,4010448; 

607076,4010466; 607001,4010533; 

606910,4010549; 606842,4010488; 

606830,4010541; 606818,4010510; 

606792,4010571; 606722,4010574; 

606686,4010620; 606610,4010595; 

606485,4010708; 606497,4010798; 

606473,4010807; 606463,4010861; 

606491,4010869; 606512,4010925; 

606483,4011019; 606336,4011026; 

606310,4011126; 606271,4011168; 

606185,4011210; 606122,4011205; 

606073,4011354; 605882,4011402; 

605820,4011442; 605628,4011387; 

605435,4011426; 605453,4011474; 

605308,4011669; 605314,4011753; 

605282,4011836; 605138,4011994; 

604977,4012059; 604872,4012049; 

604837,4012022; 604804,4012051; 

604809,4012107; 604683,4012161; 

604635,4012238; 604589,4012266; 

604482,4012247; 604451,4012216; 

604398,4012246; 604391,4012276; 

604584,4012327; 604612,4012386; 

604570,4012775; 604476,4013033; 

604357,4013279; 604286,4013350; 

604304,4013387; 604258,4013483; 

604156,4013597; 604133,4013722; 

604086,4013832; 603972,4013977; 

603903,4014203; 603864,4014228; 

603754,4014433; 603707,4014460; 

603698,4014498; 603666,4014502; 

603687,4014552; 603673,4014633; 

603499,4014836; 603468,4014932; 

603397,4015021; 603248,4015117; 

603138,4015361; 602995,4015419; 

602937,4015544; 602866,4015567; 

602853,4015600; 602674,4015694; 

602465,4015733; 602395,4015703; 

602420,4015744; 602545,4015778; 

602566,4015839; 602507,4015784; 

602394,4015763; 602368,4015684; 

602435,4015640; 602408,4015582; 

602283,4015671; 602108,4015686; 

602012,4015882; 601790,4016158; 

601455,4016413; 601264,4016523; 

601061,4016582; 600966,4016727; 

600883,4016754; 600876,4016914; 

600764,4017075; 600694,4017047; 

600675,4017077; 600546,4017115; 

600450,4017280; 600435,4017240; 

600335,4017393; 600370,4017419; 

600340,4017482; 600110,4017821; 

600058,4017958; 599977,4018034; 

599745,4018155; 599436,4018220; 

599387,4018198; 599233,4018251; 

599165,4018322; 599049,4018370; 

599010,4018359; 598950,4018198; 

598797,4018110; 598779,4018158; 

598743,4018168; 598738,4018239; 

598674,4018299; 598660,4018350; 

598611,4018343; 598596,4018387; 

598527,4018449; 598527,4018598; 

598574,4018594; 598600,4018560; 

598612,4018579; 598630,4018560; 

598664,4018576; 598793,4018542; 

599175,4019469; 599234,4019748; 

599232,4019918; 599208,4019976; 

599211,4020120; 599161,4020249; 

599161,4020348; 599099,4020396; 

599148,4020437; 599194,4020626; 

599110,4020756; 599034,4020793; 

599033,4020829; 599130,4020915; 

599188,4021043; 599275,4021431; 

599569,4021331; 599671,4021054; 

599706,4020790; returning to 

599824,4020540. 


sroberts on DSKD5P82C1PROD with RULES
12934 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

(ii) Note: Unit MNT-3 for California 

red-legged frog is depicted on the map 

in paragraph (34)(ii) of this entry. 

(37) Unit SNB-1: San Benito County, 

California. From USGS 1:24,000 scale 

quadrangles San Juan Bautista, 

Hollister, Mt. Harlan, Tres Pinos and 

Pacines. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 635964,4075794; 

636333,4075764; 636809,4075566; 

637368,4075520; 637770,4075623; 

638436,4075288; 639151,4074594; 

639270,4074217; 639547,4073979; 

640024,4073740; 640877,4073582; 

641790,4073621; 642345,4072947; 

642286,4072173; 642484,4071954; 

642762,4071855; 643099,4071915; 

643635,4071756; 644786,4072133; 

645168,4072165; 645182,4072089; 

645215,4072050; 645297,4072025; 

645689,4072165; 645970,4072109; 

646564,4072409; 646718,4072467; 

646868,4072460; 646951,4072481; 

647085,4072584; 647187,4072702; 

647313,4072739; 648149,4072394; 

648592,4072283; 648891,4072233; 

649177,4072132; 649265,4072094; 

649320,4072027; 649574,4072372; 

649804,4072538; 649950,4072309; 

650247,4072695; 650886,4072656; 

651305,4072378; 651525,4072011; 

651845,4071771; 652028,4071278; 

652022,4070800; 651786,4070356; 

651865,4070144; 651782,4070129; 

652109,4069671; 652194,4069177; 

652486,4069355; 652823,4069355; 

653041,4069196; 652962,4068740; 

653765,4068035; 653589,4067442; 

653597,4067238; 653815,4066736; 

653668,4066229; 653679,4065476; 

653994,4063632; 652942,4063283; 

653031,4062765; 653530,4062965; 

653541,4062532; 653207,4062386; 

653110,4062128; 653103,4061717; 

652942,4061338; 653312,4061251; 

653249,4060324; 653353,4060150; 

653604,4060053; 653896,4059774; 

654593,4058960; 654628,4058800; 

654725,4058716; 655240,4058549; 

655507,4058397; 655372,4058208; 

655192,4058144; 654903,4058122; 

654808,4058074; 654771,4058036; 

654773,4057912; 654719,4057732; 

654495,4057373; 654408,4057408; 

654191,4057584; 654109,4057612; 

653950,4057808; 653623,4057838; 

653469,4057893; 653343,4057879; 

652921,4058001; 652855,4058037; 

652805,4058100; 652756,4058251; 

652559,4058403; 652489,4058406; 

652398,4058455; 652215,4058434; 

652118,4058516; 652009,4058520; 

651772,4058471; 651708,4058559; 

651512,4058709; 651442,4058801; 

651354,4058847; 651244,4058860; 

651121,4058794; 650965,4058759; 

650906,4058835; 650871,4058956; 

650779,4058975; 650548,4058948; 

650439,4058814; 650333,4058793; 

650227,4058820; 649962,4058666; 

649849,4058672; 649713,4058741; 

649644,4058825; 649655,4058975; 

649636,4059012; 649490,4059171; 

649577,4059272; 649600,4059590; 

649670,4059721; 649688,4059816; 

649698,4060285; 649822,4060420; 

649874,4060527; 649860,4060682; 

649961,4060946; 649961,4061111; 

650024,4061281; 649952,4061533; 

650024,4061641; 650089,4061931; 

649996,4062080; 649966,4062184; 

649831,4062318; 649807,4062398; 

649832,4062527; 649811,4062612; 

649655,4062746; 649590,4062864; 

649599,4062910; 649922,4063061; 

649992,4063123; 649750,4063250; 

649827,4063402; 649827,4063977; 

649132,4064573; 648418,4064893; 

648368,4065024; 648317,4065022; 

648117,4065116; 648001,4065215; 

647583,4065483; 647454,4065430; 

647394,4065447; 647285,4065554; 

647116,4065618; 646912,4065745; 

646608,4065846; 646285,4066090; 

645890,4066269; 645802,4066404; 

645728,4066467; 645205,4066564; 

645059,4066674; 644800,4066725; 

644714,4066864; 644542,4066904; 

644324,4067042; 644165,4067088; 

644110,4067045; 643674,4067190; 

643421,4067144; 643165,4067133; 

642961,4067068; 642635,4067037; 

642422,4066906; 642330,4066899; 

642247,4066922; 642010,4067039; 

641735,4067265; 641420,4067377; 

641253,4067521; 641226,4067664; 

640958,4067776; 640877,4067786; 

640729,4067743; 640417,4067543; 

640304,4067596; 640247,4067603; 

640191,4067576; 640033,4067428; 

639981,4067234; 639935,4067174; 

639865,4067138; 639778,4067110; 

639705,4067121; 639549,4067218; 

639471,4067237; 639342,4067194; 

639081,4067022; 638984,4066910; 

638921,4066756; 638947,4066568; 

638881,4066391; 638891,4066275; 

638850,4066215; 638511,4066154; 

638256,4066043; 638012,4066018; 

637966,4066036; 637979,4066180; 

637766,4066284; 637719,4066357; 

637576,4066468; 637525,4066563; 

637527,4066631; 637723,4066757; 

637471,4066841; 637448,4066886; 

637469,4067042; 637440,4067180; 

637470,4067249; 637302,4067389; 

637268,4067461; 637261,4067559; 

637113,4067596; 637001,4067532; 

636959,4067533; 636925,4067569; 

636870,4067747; 636753,4067684; 

636659,4067737; 636425,4067735; 

636317,4067811; 636291,4067957; 

636197,4068139; 636158,4068159; 

636073,4068136; 635961,4068564; 

635992,4068667; 636093,4068804; 

636145,4068950; 636128,4069061; 

636102,4069118; 636022,4069185; 

635904,4069401; 635755,4069435; 

635690,4069477; 635678,4069594; 

635583,4069708; 635592,4069830; 

635531,4069880; 635662,4070360; 

635762,4070572; 635979,4070786; 

635805,4070815; 635638,4070940; 

635518,4071208; 635534,4071479; 

635648,4071712; 635628,4072017; 

635727,4072560; 635705,4073010; 

635815,4073223; 635999,4073422; 

636117,4073620; 636042,4073785; 

635831,4073954; 635602,4074066; 

635336,4074121; 634457,4074523; 

633815,4074869; 633538,4074975; 

633367,4075131; 633270,4075185; 

633260,4075316; 633189,4075401; 

633021,4075473; 632885,4075595; 

632764,4075650; 632775,4075748; 

632735,4075795; 633860,4075970; 

634467,4075645; 634857,4075991; 

returning to 635964,4075794. 

(ii) Note: Map of Units SNB-1, SNB2, and SNB-3 for the California redlegged frog follows: 

BILLING CODE 4310–55–S 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12935 

BILLING CODE 4310–55–C 


sroberts on DSKD5P82C1PROD with RULESER17MR10.020</GPH>
12936 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

(38) Unit SNB-2: San Benito County, 

California. From USGS 1:24,000 scale 

quadrangles Cherry Peak, Panoche Pass, 

San Benito and Cerro Colorado. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 676029,4062601; 

676230,4062578; 676483,4062490; 

676510,4062448; 676554,4062204; 

676704,4061886; 676692,4061546; 

676790,4061442; 676820,4061061; 

676804,4060981; 676862,4060922; 

676974,4060952; 677119,4061055; 

677323,4061004; 677447,4061014; 

677774,4061125; 677852,4061182; 

678022,4061438; 678008,4061572; 

677919,4061760; 677918,4061809; 

677972,4061873; 678139,4061952; 

678262,4061930; 678408,4061970; 

678512,4061969; 678766,4061884; 

679155,4061826; 679258,4061780; 

679420,4061646; 679485,4061625; 

679889,4061630; 680240,4061551; 

680325,4061484; 680444,4061474; 

680422,4061242; 680338,4061037; 

680335,4060777; 680268,4060568; 

680276,4060473; 680347,4060282; 

680344,4060098; 680278,4059853; 

680117,4059594; 680160,4059059; 

680016,4058815; 679949,4058582; 

679944,4058267; 679972,4058198; 

680064,4058089; 679986,4057901; 

679769,4057775; 679691,4057687; 

679627,4057447; 679640,4057235; 

679455,4056952; 679404,4056741; 

679241,4056434; 679254,4056369; 

679417,4056236; 679456,4056006; 

679273,4055833; 679122,4055575; 

679023,4055587; 678850,4055678; 

678685,4055607; 678587,4055601; 

678445,4055503; 678383,4055500; 

678173,4055561; 678035,4055573; 

677873,4055670; 677800,4055642; 

677692,4055517; 677375,4055399; 

677213,4055301; 677058,4055273; 

677034,4055411; 677123,4055589; 

677082,4055816; 677080,4055937; 

677128,4056087; 677110,4056228; 

677021,4056448; 676918,4056569; 

676645,4056729; 676541,4056588; 

676603,4056341; 676570,4056235; 

676487,4056162; 676356,4056126; 

676047,4055850; 675931,4055727; 

675857,4055548; 675714,4055436; 

675690,4055386; 675698,4055277; 

675758,4055161; 675723,4054930; 

675770,4054773; 675766,4054697; 

675169,4054557; 675036,4054641; 

674682,4054689; 674510,4054761; 

674416,4054839; 674252,4054834; 

674085,4054870; 673922,4054945; 

673772,4054946; 673664,4054828; 

673621,4054810; 673503,4054822; 

673276,4054751; 673053,4054732; 

673005,4054709; 672759,4054349; 

672728,4054251; 672763,4053963; 

672594,4054069; 672241,4054145; 

672092,4054148; 671925,4054184; 

671643,4054153; 671402,4054228; 

671332,4054433; 671105,4054658; 

671026,4054901; 670928,4055057; 

670847,4055121; 670721,4055533; 

670663,4055653; 670482,4055860; 

670445,4056154; 670393,4056277; 

670502,4056463; 670493,4056600; 

670462,4056643; 670249,4056743; 

670126,4056907; 670109,4056970; 

670131,4057085; 670107,4057225; 

670068,4057295; 670019,4057322; 

669844,4057338; 669602,4057302; 

669506,4057253; 669459,4057264; 

669389,4057380; 669177,4057496; 

668976,4057461; 668834,4057516; 

668659,4057467; 668447,4057459; 

668086,4057206; 667912,4057169; 

667789,4057106; 667618,4057125; 

667416,4057334; 667469,4057389; 

667516,4057510; 667542,4057751; 

667499,4057953; 667312,4058286; 

667287,4058459; 667323,4058648; 

667507,4058762; 667531,4058809; 

667486,4058914; 667298,4059118; 

667285,4059361; 667327,4059662; 

667320,4059715; 667248,4059838; 

667276,4060161; 667420,4060361; 

667588,4059980; 667749,4059922; 

667984,4059900; 668141,4059803; 

668305,4059585; 668442,4059453; 

668427,4059331; 668450,4059302; 

668559,4059267; 668726,4059286; 

669161,4059410; 669258,4059375; 

669320,4059286; 669377,4059247; 

669746,4059144; 670294,4059563; 

670453,4059748; 670531,4059889; 

670773,4060050; 670815,4060223; 

670881,4060249; 670961,4060245; 

671185,4060195; 671331,4060210; 

671460,4060163; 671547,4060207; 

671576,4060307; 671940,4060616; 

671995,4060719; 672085,4060743; 

672152,4060888; 672221,4060958; 

672258,4061070; 672099,4061294; 

672094,4061394; 672125,4061545; 

672046,4061649; 671976,4061960; 

672066,4062276; 672210,4062447; 

672317,4062472; 672421,4062400; 

672612,4062462; 672694,4062576; 

672743,4062612; 672792,4062606; 

672999,4062387; 673187,4062313; 

673395,4062325; 673460,4062242; 

673677,4062114; 673786,4062217; 

673794,4062345; 673763,4062494; 

673843,4062570; 674152,4062720; 

674205,4062627; 674437,4062581; 

674638,4062578; 674766,4062660; 

675068,4063046; 675164,4063105; 

675321,4063155; 675373,4063154; 

675452,4062990; 675541,4062940; 

675616,4062860; 675844,4062782; 

675926,4062673; returning to 

676029,4062601. 

(ii) Note: Unit SNB-2 for California 

red-legged frog is depicted on the map 

in paragraph (37)(ii) of this entry. 

(39) Unit SNB-3: San Benito and 

Monterey Counties, California. From 

USGS 1:24,000 scale quadrangles Mount 

Johnson, Bickmore Canyon, North 

Chalone Peak, San Benito and Topo 

Valley. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 667961,4051790; 

668106,4051812; 668286,4051788; 

668405,4051734; 668529,4051611; 

668730,4051545; 668794,4051501; 

668881,4051383; 669289,4051134; 

669464,4050957; 669575,4050880; 

669623,4050812; 669742,4050747; 

670106,4050415; 670363,4050329; 

670573,4050143; 670845,4050005; 

670906,4049872; 670752,4049571; 

670742,4049485; 670673,4049309; 

670676,4049267; 670761,4049165; 

670856,4048941; 670931,4048872; 

671080,4048830; 671193,4048831; 

671345,4048914; 671408,4048916; 

671785,4048650; 671892,4048493; 

671889,4048376; 671989,4048203; 

671980,4048026; 672031,4047891; 

672069,4047870; 672119,4047880; 

672582,4048045; 672695,4048107; 

672752,4048122; 672795,4048106; 

672960,4047995; 673123,4047927; 

673288,4047775; 673445,4047669; 

674242,4047306; 674399,4047188; 

674466,4047097; 675044,4046732; 

675311,4046480; 675502,4046420; 

675673,4046166; 675794,4046074; 

675874,4045960; 676119,4045781; 

676078,4045736; 676029,4045554; 

675891,4045303; 675802,4045226; 

675588,4045108; 675460,4044844; 

675366,4044549; 675429,4044427; 

675420,4044259; 675510,4044072; 

675702,4043860; 675873,4043724; 

676022,4043469; 676125,4043365; 

676186,4042894; 676150,4042557; 

676179,4042466; 676326,4042244; 

676460,4042121; 676516,4041635; 

676478,4041577; 676340,4041478; 

676285,4041379; 676314,4041108; 

676367,4040942; 676327,4040655; 

676328,4040487; 676353,4040393; 

676427,4040314; 676424,4040257; 

676276,4040145; 676166,4040095; 

676151,4040034; 676153,4039774; 

676245,4039545; 676371,4039361; 

676379,4039310; 676343,4039253; 

676176,4039111; 675991,4038844; 

675900,4038970; 675749,4039119; 

675660,4039176; 675588,4039194; 

675558,4039176; 675289,4038881; 

675003,4038721; 674969,4038682; 

674974,4038537; 675065,4038307; 

675059,4038204; 675025,4038154; 

674866,4038054; 674741,4037929; 

674550,4037791; 674388,4037719; 

674240,4037693; 673997,4037470; 

673695,4037422; 673521,4037324; 

673336,4037169; 673138,4037115; 

673030,4037113; 672780,4037264; 

672552,4037674; 672401,4037820; 

672208,4038098; 672058,4038263; 

671998,4038293; 671947,4038274; 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12937 

671879,4038120; 671724,4038008; 

671635,4038205; 671507,4038385; 

671357,4038342; 671187,4038241; 

671074,4038139; 670967,4037982; 

670793,4037860; 670598,4037653; 

670434,4037429; 670240,4037291; 

669864,4036914; 669527,4036650; 

669388,4036434; 669214,4036273; 

669160,4036025; 669126,4035957; 

669075,4035923; 668981,4035746; 

668756,4035520; 668595,4035459; 

668527,4034981; 668439,4034908; 

668297,4034707; 668190,4034629; 

668124,4034500; 668278,4034256; 

668253,4034044; 668222,4034002; 

668061,4033952; 667958,4033874; 

667828,4033860; 667711,4033876; 

667681,4033845; 667654,4033718; 

667713,4033572; 667720,4033441; 

667556,4033219; 667480,4032952; 

667442,4032910; 667271,4032863; 

666975,4032619; 666832,4032603; 

666753,4032494; 666585,4032485; 

666436,4032574; 666092,4032562; 

665986,4032580; 665680,4032536; 

665616,4032553; 665554,4032611; 

665469,4032750; 665427,4032772; 

665393,4032867; 665368,4033081; 

665321,4033199; 665298,4033401; 

665178,4033485; 665064,4033647; 

665003,4033697; 664800,4033749; 

664632,4033710; 664319,4033689; 

664236,4033713; 664161,4033806; 

664107,4033810; 663652,4033789; 

663442,4033723; 663280,4033713; 

662986,4033790; 662763,4033807; 

662623,4033932; 662588,4034146; 

662267,4034294; 662008,4034306; 

661907,4034272; 661793,4034199; 

661746,4034200; 661709,4034260; 

661635,4034658; 661707,4035056; 

661690,4035158; 661489,4035541; 

661526,4035890; 661410,4036077; 

661231,4036171; 661106,4036282; 

661052,4036373; 660950,4036471; 

660867,4036645; 660789,4036744; 

660478,4036933; 660395,4037013; 

660261,4037211; 660210,4037355; 

660078,4037516; 659899,4037938; 

659754,4038008; 659614,4037855; 

659565,4037841; 659456,4037977; 

659296,4037977; 659230,4037948; 

659203,4037845; 659161,4037789; 

659105,4037775; 659061,4037796; 

658987,4037768; 658814,4037927; 

658769,4038012; 658630,4038115; 

658571,4038395; 658530,4038479; 

658551,4038517; 658629,4038552; 

658747,4038697; 658748,4038725; 

658654,4038859; 658706,4038991; 

658729,4039162; 658517,4039362; 

658454,4039570; 658338,4039634; 

658341,4039702; 658468,4039922; 

658467,4039964; 658286,4040094; 

658266,4040188; 658156,4040398; 

657990,4040522; 657915,4040617; 

657806,4040906; 657749,4040980; 

657659,4041366; 657498,4041432; 

657311,4041415; 657159,4041562; 

657073,4041538; 656954,4041583; 

656933,4041519; 656788,4041430; 

656756,4041317; 656595,4041436; 

656536,4041444; 656265,4041221; 

656119,4041302; 655915,4041325; 

655751,4041245; 655570,4041203; 

655490,4041252; 655421,4041245; 

655350,4041209; 655279,4041109; 

655204,4041057; 655129,4041067; 

655042,4041034; 654801,4041055; 

654747,4041137; 654588,4041162; 

654420,4041156; 654326,4041093; 

654140,4041047; 653783,4041106; 

653659,4041227; 653588,4041406; 

653456,4041371; 653389,4041304; 

653238,4041382; 653052,4041368; 

652959,4041442; 652759,4041452; 

652563,4041309; 652515,4041200; 

652379,4041252; 652239,4041389; 

652098,4041367; 652045,4041307; 

652007,4041186; 651862,4041108; 

651839,4041009; 651675,4040963; 

651545,4040697; 651499,4040667; 

651424,4040706; 651386,4040820; 

651287,4040863; 651262,4040899; 

651194,4041019; 651161,4041252; 

651205,4041323; 651353,4041394; 

651348,4041464; 651267,4041680; 

651299,4041804; 651392,4041812; 

651482,4041906; 651498,4041967; 

651608,4042074; 651602,4042262; 

651554,4042334; 651548,4042498; 

651580,4042610; 651823,4042693; 

651912,4042762; 651924,4042796; 

651879,4042853; 651950,4043006; 

652047,4043116; 652160,4043159; 

652147,4043248; 652167,4043283; 

652328,4043355; 652421,4043430; 

652463,4043510; 652463,4043625; 

652504,4043690; 652593,4043756; 

652540,4044007; 652443,4044098; 

652501,4044186; 652448,4044367; 

652864,4044432; 653134,4044389; 

653613,4044440; 653910,4044555; 

654260,4044754; 654396,4044748; 

654472,4044774; 654568,4044864; 

654632,4044871; 654666,4044900; 

654692,4045074; 654774,4045161; 

655117,4045283; 655019,4045442; 

655012,4045625; 654950,4045852; 

655027,4046199;655145,4046256; 

655177,4046306; 655164,4046576; 

655277,4046794; 655223,4047256; 

655236,4047279; 655479,4047444; 

655594,4047473; 655745,4047425; 

655941,4047572; 656406,4047728; 

656477,4047732; 656585,4047830; 

656675,4047974; 656781,4048017; 

656933,4048176; 657046,4048165; 

657124,4048205; 657266,4048487; 

657297,4048510; 657605,4048503; 

657703,4048554; 657707,4048650; 

657791,4048739; 657956,4048770; 

658173,4048741; 658299,4048822; 

658374,4048847; 658461,4048840; 

658653,4048961; 658762,4049086; 

659023,4049113; 659286,4049021; 

659600,4049040; 659677,4048990; 

659823,4049043; 660116,4048831; 

660244,4048828; 660318,4048878; 

660427,4048890; 660688,4048763; 

660742,4048645; 660913,4048582; 

661149,4048433; 661265,4048292; 

661560,4048228; 661690,4048291; 

661863,4048334; 662393,4048927; 

662507,4049019; 662618,4049053; 

662957,4048782; 663147,4048419; 

663401,4048230; 663534,4048164; 

663696,4048213; 663818,4048193; 

663858,4048175; 664064,4047958; 

664212,4048004; 664340,4048005; 

664593,4047746; 664625,4047777; 

664762,4047778; 664912,4047853; 

664944,4047844; 665193,4047538; 

665285,4047462; 665348,4047445; 

666403,4046360; 666738,4046119; 

666885,4045932; 667099,4045921; 

667285,4046172; 667291,4046459; 

667382,4046613; 667424,4046795; 

667398,4046955; 667437,4047135; 

667424,4047203; 667362,4047288; 

667241,4047378; 667202,4047480; 

667108,4047580; 667078,4047635; 

667081,4047810; 666953,4047917; 

666899,4048099; 666774,4048291; 

666864,4048549; 666830,4048677; 

666846,4048727; 667077,4049080; 

666957,4049470; 666936,4049730; 

666331,4050181; 666286,4050223; 

666217,4050378; 665899,4050557; 

665885,4050586; 666238,4050687; 

666655,4050936; 666764,4051033; 

666857,4051048; 666893,4051082; 

666963,4051260; 667016,4051308; 

667105,4051351; 667240,4051372; 

667340,4051578; 667492,4051738; 

667615,4051971; 667711,4051907; 

667868,4051881; returning to 

667961,4051790. 

(ii) Note: Unit SNB-3 for California 

red-legged frog is depicted on the map 

in paragraph (37)(ii) of this entry. 

(40) Unit SLO-1: San Luis Obispo, 

Kings and Kern Counties, California. 

From USGS 1:24,000 scale quadrangles 

Cholame Valley, Tent Hills, Cholame 

and Orchard Peak. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 752130,3963634; 

752268,3963595; 752394,3963470; 

752407,3963405; 752337,3963122; 

752346,3963062; 752406,3962984; 

752361,3962832; 752393,3962782; 

752588,3962626; 752678,3962626; 

752775,3962577; 752826,3962473; 

753072,3962276; 753155,3962031; 

753511,3961661; 753685,3961512; 

753754,3961493; 753848,3961519; 

753876,3961497; 753898,3961262; 

753879,3961211; 753853,3961149; 

753726,3961118; 753700,3960932; 

753593,3960808; 753587,3960682; 

753454,3960429; 753346,3960103; 

753157,3960041; 753037,3960096; 

752873,3959964; 752717,3959922; 


sroberts on DSKD5P82C1PROD with RULES
12938 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

752584,3959853; 752489,3959848; 

752439,3959886; 752549,3959740; 

752561,3959656; 752616,3959569; 

752602,3959458; 752635,3959370; 

752581,3959240; 752629,3959088; 

752625,3959024; 752693,3958918; 

752698,3958821; 752928,3958591; 

753081,3958496; 753277,3958434; 

753384,3958236; 753360,3958091; 

753139,3957977; 753211,3957846; 

753347,3957726; 753383,3957376; 

753949,3957107; 755936,3955917; 

756434,3955534; 756685,3955378; 

756712,3955383; 756860,3954963; 

756937,3954849; 757346,3954534; 

757615,3954384; 757806,3954309; 

757985,3954183; 758132,3953974; 

758226,3953688; 758154,3953752; 

758023,3953773; 757146,3954055; 

757020,3954142; 756930,3954253; 

756863,3954257; 756530,3954175; 

756254,3954059; 755887,3954387; 

755715,3954502; 755657,3954494; 

755540,3954425; 755295,3954246; 

755281,3954215; 755299,3954110; 

755212,3953999; 755084,3953943; 

755014,3953871; 755256,3953644; 

755340,3953499; 755434,3953418; 

755534,3953372; 755679,3953185; 

755837,3953057; 755884,3952815; 

755772,3952588; 755918,3952622; 

756007,3952600; 756033,3952551; 

756006,3952390; 755863,3952018; 

755696,3951981; 755458,3951873; 

755424,3951773; 755432,3951733; 

755511,3951644; 755507,3951608; 

755206,3951465; 755086,3951288; 

754952,3951245; 754878,3951181; 

754722,3950867; 754612,3950785; 

754424,3950851; 754358,3950847; 

754245,3950810; 754180,3950747; 

754222,3950590; 754207,3950531; 

754044,3950337; 753934,3950258; 

753718,3949714; 753969,3949413; 

753904,3949255; 753850,3949020; 

753846,3948668; 753755,3948743; 

753685,3949000; 753637,3949080; 

753377,3949285; 753232,3949478; 

753036,3949656; 752666,3949923; 

752612,3950029; 752412,3950170; 

752330,3950365; 752195,3950371; 

751985,3950664; 751801,3950759; 

751769,3950792; 751748,3950875; 

751675,3950945; 751532,3951019; 

751423,3951002; 751375,3951021; 

751199,3951131; 750972,3951432; 

750879,3951603; 750606,3951894; 

750465,3952104; 750385,3952171; 

750314,3952193; 750202,3952182; 

750202,3952580; 750094,3953028; 

750327,3954015; 750668,3954626; 

750740,3954967; 750709,3955975; 

750585,3956208; 750547,3956245; 

750410,3956292; 750382,3956351; 

750422,3956497; 750315,3956542; 

750164,3956674; 749890,3956809; 

749604,3957047; 749026,3957063; 

748897,3957025; 748668,3957036; 

748483,3957205; 748346,3957421; 

748265,3957501; 748201,3957526; 

748118,3957507; 748014,3957446; 

747903,3957443; 747729,3957588; 

747410,3957621; 747147,3957833; 

746949,3957941; 746986,3958051; 

746980,3958196; 746943,3958354; 

746766,3958660; 746756,3958787; 

746857,3959111; 746903,3959687; 

746844,3959774; 746602,3959975; 

746502,3960162; 746447,3960491; 

746249,3960832; 746115,3960992; 

746275,3961146; 746729,3961287; 

746987,3961257; 747111,3961191; 

747168,3961212; 747252,3961334; 

747283,3961583; 747374,3961734; 

747443,3961733; 747595,3961650; 

747697,3961709; 747736,3961849; 

747796,3961925; 747782,3962015; 

747859,3962354; 747907,3962505; 

747966,3962593; 748060,3962654; 

748175,3962794; 748290,3962869; 

748518,3963103; 748689,3963150; 

748922,3963160; 749031,3963210; 

749087,3963366; 749147,3963426; 

749271,3963424; 749423,3963311; 

749527,3963293; 749691,3963318; 

749781,3963239; 749819,3963084; 

749862,3963037; 750137,3963026; 

750160,3963114; 750272,3963206; 

750339,3963349; 750548,3963470; 

750677,3963620; 750913,3963709; 

751032,3963973; 751112,3964028; 

751238,3964071; 751349,3964178; 

751589,3964225; 751636,3964226; 

751799,3964132; 751942,3964094; 

752044,3963957; 752125,3963905; 

752170,3963839; 752158,3963766; 

752089,3963653; returning to 

752130,3963634. 

(ii) Note: Map of Unit SLO-1 for the 

California red-legged frog follows: 

BILLING CODE 4310–55–S 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12939 

BILLING CODE 4310–55–C 


sroberts on DSKD5P82C1PROD with RULESER17MR10.021</GPH>
12940 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

(41) Unit SLO-2: San Luis Obispo 

County, California. From USGS 1:24,000 

scale quadrangles San Simeon, Pico 

Creek, Pebblestone Shut-In, Cambria, 

Cypress Mountain and Cayucos. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 667646,3942846; 

667780,3942944; 667819,3942909; 

667893,3942946; 667863,3943128; 

668006,3943148; 668053,3943117; 

668518,3942425; 668370,3942341; 

669215,3941495; 669881,3942053; 

669872,3943315; 669526,3944081; 

669634,3944182; 669652,3944280; 

669742,3944335; 669742,3944420; 

669809,3944552; 669930,3944597; 

669960,3944696; 670083,3944774; 

670218,3944786; 670393,3944860; 

670453,3944967; 670457,3944943; 

670864,3944950; 670962,3944935; 

671010,3944900; 671119,3944931; 

671156,3944924; 671248,3944833; 

671398,3944889; 671471,3944841; 

671517,3944846; 671585,3944915; 

671564,3944989; 671863,3944992; 

671926,3945102; 671935,3945574; 

671795,3945579; 671863,3945651; 

671914,3945929; 671994,3946030; 

672170,3946174; 672407,3946184; 

672634,3946417; 672754,3946748; 

672983,3946940; 673302,3947046; 

673390,3947116; 674383,3947130; 

674368,3947933; 674770,3947939; 

674755,3948747; 675161,3948754; 

675154,3949156; 675557,3949162; 

675547,3949793; 675716,3949733; 

675929,3949731; 676107,3949680; 

676264,3949546; 676384,3949387; 

676641,3949239; 676920,3949105; 

677085,3949101; 677246,3949054; 

677774,3948548; 678045,3948421; 

678198,3948303; 678424,3948060; 

678776,3947744; 679198,3947097; 

679425,3946821; 679719,3946541; 

679998,3946410; 680162,3946414; 

680440,3946355; 680848,3946366; 

681036,3946274; 681110,3946171; 

681176,3946148; 681255,3946047; 

681483,3945941; 681617,3945812; 

681774,3945712; 682301,3945669; 

682404,3945544; 682485,3945352; 

682594,3945305; 682741,3945347; 

682828,3945335; 682925,3945202; 

683053,3945148; 683095,3945105; 

683234,3944890; 683445,3944697; 

683489,3944598; 683500,3944452; 

683567,3944323; 683585,3944107; 

683800,3943846; 683934,3943771; 

684122,3943864; 684202,3943874; 

684274,3943851; 684457,3943743; 

684701,3943500; 684801,3943497; 

685090,3943246; 685088,3943113; 

685046,3942988; 684948,3942884; 

684956,3942767; 684848,3942549; 

684840,3942395; 684873,3942269; 

685216,3941891; 685287,3941688; 

685471,3941484; 685587,3941422; 

685733,3941399; 685853,3941434; 

685969,3941512; 686151,3941583; 

686223,3941529; 686533,3941409; 

686636,3941331; 686802,3941090; 

687236,3940889; 687315,3940894; 

687428,3940823; 687576,3940777; 

687624,3940682; 687613,3940492; 

687772,3940210; 687840,3939947; 

688070,3939786; 688189,3939735; 

688285,3939635; 688507,3939593; 

688798,3939579; 688909,3939512; 

689130,3939463; 689331,3939296; 

689208,3939134; 689189,3938977; 

689225,3938928; 689500,3938800; 

689593,3938724; 689632,3938551; 

689727,3938412; 689679,3938240; 

689716,3938046; 689827,3937892; 

689706,3937633; 689618,3937503; 

689608,3937407; 689459,3937318; 

689358,3937136; 689358,3937054; 

689634,3936745; 689809,3936437; 

690208,3935936; 690246,3935844; 

690498,3935624; 690590,3935513; 

690748,3935450; 690948,3935227; 

690947,3934851; 690985,3934692; 

691313,3934474; 691375,3934470; 

691512,3934531; 691637,3934527; 

691696,3934422; 691884,3934354; 

691932,3934311; 691953,3934259; 

691930,3934132; 691959,3933965; 

691989,3933928; 692105,3933917; 

691911,3933481; 691869,3933230; 

691823,3933155; 691748,3933120; 

691725,3933014; 691543,3933011; 

691149,3932867; 691002,3932752; 

690868,3932586; 690608,3932500; 

690497,3932435; 690507,3932365; 

690470,3932235; 690493,3932016; 

690433,3931813; 690433,3931677; 

690399,3931557; 690417,3931132; 

690398,3931034; 690589,3930791; 

690597,3930735; 690595,3930398; 

690626,3930270; 690571,3930159; 

690613,3930029; 690903,3929721; 

691001,3929525; 691001,3929385; 

691063,3929251; 691105,3929212; 

691363,3929098; 691606,3928512; 

691844,3928446; 691932,3928389; 

691966,3928305; 692014,3927978; 

692239,3927802; 692395,3927729; 

692486,3927572; 692486,3926967; 

692399,3926751; 692383,3926553; 

692259,3926451; 692060,3926416; 

691982,3926360; 691807,3926130; 

691720,3925873; 691681,3925827; 

691537,3925756; 691491,3925684; 

691390,3924961; 691332,3924856; 

691374,3924594; 691381,3924344; 

691143,3924531; 690940,3924652; 

690790,3924810; 690458,3925284; 

690323,3925359; 690022,3925367; 

689691,3925239; 689375,3925036; 

689097,3924974; 689126,3924791; 

689019,3924733; 688888,3924725; 

688853,3924693; 688863,3924655; 

688826,3924610; 688839,3924639; 

688707,3924698; 688652,3924632; 

688627,3924691; 688591,3924693; 

688470,3924653; 688437,3924678; 

688344,3924674; 688317,3924624; 

688020,3924640; 687910,3924700; 

687792,3924675; 687755,3924635; 

687504,3924631; 687512,3924662; 

687469,3924670; 687408,3924631; 

687275,3924616; 687266,3924575; 

687062,3924547; 686928,3924461; 

686830,3924563; 686793,3924552; 

686803,3924603; 686729,3924638; 

686651,3924629; 686504,3924534; 

686433,3924524; 686262,3924559; 

686114,3924639; 686082,3924626; 

685979,3924655; 685966,3924750; 

685882,3924809; 685927,3924817; 

685962,3924916; 685944,3924982; 

685913,3925004; 685936,3925049; 

685874,3925129; 685627,3925195; 

685549,3925271; 685435,3925294; 

685357,3925382; 685298,3925413; 

685255,3925408; 685254,3925383; 

685127,3925389; 685092,3925477; 

685002,3925567; 684847,3925535; 

684740,3925627; 684724,3925682; 

684649,3925703; 684596,3925751; 

684568,3925817; 684439,3925919; 

684329,3925959; 684189,3925969; 

684151,3925900; 684080,3925921; 

684023,3925867; 683971,3925896; 

683753,3925894; 683658,3925840; 

683508,3925826; 683480,3925861; 

683385,3925844; 683368,3925933; 

683329,3925972; 683202,3925966; 

683173,3925945; 683146,3925967; 

683105,3925936; 683078,3925956; 

683005,3925927; 682926,3925935; 

682757,3926019; 682701,3926082; 

682593,3926134; 682574,3926106; 

682556,3926166; 682525,3926183; 

682494,3926190; 682447,3926158; 

682443,3926201; 682388,3926185; 

682339,3926212; 682333,3926184; 

682308,3926184; 682256,3926270; 

682164,3926322; 682048,3926300; 

681961,3926211; 681922,3926128; 

681729,3925966; 681618,3925945; 

681619,3925976; 681589,3925951; 

681586,3926005; 681550,3925992; 

681545,3925962; 681524,3925983; 

681441,3925955; 681344,3926007; 

681333,3925965; 681277,3925943; 

681250,3925961; 681212,3925935; 

681160,3925985; 681137,3925968; 

681081,3926018;681080,3926049; 

681059,3926032; 681057,3926064; 

681004,3926084; 680949,3926189; 

680899,3926206; 680886,3926187; 

680874,3926228; 680823,3926263; 

680823,3926304; 680732,3926383; 

680742,3926442; 680699,3926463; 

680664,3926604; 680614,3926648; 

680608,3926728; 680582,3926742; 

680568,3926714; 680468,3926860; 

680427,3926862; 680440,3926921; 

680347,3926986; 680329,3927058; 

680348,3927085; 680312,3927087; 

680324,3927103; 680278,3927123; 

680217,3927246; 680164,3927280; 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12941 

680139,3927256; 680118,3927291; 

680068,3927306; 680053,3927406; 

679951,3927471; 679958,3927499; 

679815,3927652; 679790,3927731; 

679768,3927746; 679736,3927723; 

679719,3927794; 679689,3927798; 

679599,3927918; 679574,3927871; 

679561,3927889; 679547,3927871; 

679499,3927986; 679423,3928069; 

679358,3928089; 679343,3928165; 

679293,3928177; 679264,3928230; 

679289,3928261; 679268,3928343; 

679297,3928351; 679349,3928432; 

679335,3928504; 679268,3928514; 

679261,3928539; 679195,3928546; 

679139,3928584; 679095,3928576; 

679072,3928541; 679026,3928541; 

678937,3928638; 678870,3928592; 

678783,3928709; 678804,3928724; 

678793,3928791; 678688,3928860; 

678671,3928847; 678611,3929026; 

678486,3929044; 678477,3929065; 

678501,3929076; 678494,3929103; 

678462,3929107; 678465,3929157; 

678421,3929167; 678342,3929138; 

678308,3929087; 678171,3929047; 

678135,3929085; 678108,3929061; 

678081,3929142; 678027,3929164; 

678032,3929236; 677976,3929253; 

677927,3929222; 677914,3929262; 

677962,3929344; 677947,3929336; 

677934,3929423; 677966,3929495; 

677951,3929541; 677864,3929607; 

677805,3929544; 677732,3929673; 

677661,3929694; 677656,3929717; 

677593,3929708; 677582,3929750; 

677539,3929739; 677566,3929848; 

677517,3929923; 677555,3929943; 

677572,3929994; 677533,3930042; 

677484,3930015; 677485,3930082; 

677426,3930027; 677393,3930049; 

677390,3930076; 677351,3930082; 

677340,3930196; 677297,3930183; 

677275,3930246; 677159,3930291; 

677164,3930449; 677124,3930487; 

677130,3930610; 677049,3930658; 

676969,3930809; 676780,3930823; 

676733,3930897; 676666,3930890; 

676603,3931056; 676369,3931151; 

676273,3931120; 676226,3931133; 

676139,3931214; 676074,3931235; 

676014,3931303; 675912,3931345; 

675893,3931401; 675789,3931473; 

675748,3931613; 675701,3931641; 

675677,3931699; 675656,3931801; 

675597,3931859; 675502,3931880; 

675480,3931931; 675363,3932014; 

675360,3932046; 675246,3932191; 

675214,3932192; 675196,3932230; 

675127,3932235; 675021,3932380; 

675047,3932452; 674992,3932523; 

674774,3932670; 674741,3932739; 

674614,3932849; 674557,3932941; 

674556,3933068; 674426,3933140; 

674388,3933222; 674312,3933300; 

674252,3933325; 674215,3933415; 

674074,3933470; 674017,3933643; 

673973,3933674; 673887,3933684; 

673772,3933870; 673524,3933940; 

673426,3934125; 673415,3934300; 

673256,3934367; 673210,3934426; 

673092,3934461; 673037,3934503; 

673002,3934608; 672914,3934625; 

672901,3934724; 672780,3934823; 

672766,3934929; 672668,3935079; 

672502,3935173; 672436,3935455; 

672359,3935521; 672145,3935533; 

672094,3935583; 672072,3935687; 

671982,3935774; 671968,3935833; 

671866,3935941; 671881,3936108; 

671754,3936229; 671768,3936279; 

671853,3936282; 671904,3936337; 

671918,3936422; 671895,3936500; 

671863,3936515; 671887,3936545; 

671867,3936600; 671751,3936665; 

671664,3936811; 671554,3936872; 

671515,3936948; 671527,3936969; 

671491,3936996; 671505,3937047; 

671443,3937112; 671439,3937181; 

671366,3937229; 671365,3937305; 

671312,3937446; 671173,3937620; 

671105,3937942; 670971,3938146; 

670989,3938188; 670979,3938295; 

670856,3938570; 670801,3938643; 

670687,3938696; 670634,3938799; 

670573,3938781; 670528,3938853; 

670535,3938897; 670500,3938993; 

670418,3939122; 670364,3939134; 

670302,3939112; 670284,3939140; 

670245,3939120; 670198,3939180; 

670164,3939368; 670092,3939477; 

670048,3939779; 669987,3939914; 

669934,3939974; 669930,3940082; 

669798,3940427; 669537,3940805; 

669275,3941045; 669151,3941212; 

669002,3941308; 668918,3941287; 

668728,3941358; 668632,3941415; 

668524,3941591; 668291,3941647; 

668210,3941770; 668141,3941956; 

668086,3942007; 668058,3942124; 

667959,3942264; 667883,3942458; 

returning to 667646,3942846. 

(ii) Note: Map of Units SLO-2, SLO3, and SLO-4 for the California redlegged frog follows: 

BILLING CODE 4310–55–S 


sroberts on DSKD5P82C1PROD with RULES
12942 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

BILLING CODE 4310–55–C 


sroberts on DSKD5P82C1PROD with RULESER17MR10.022</GPH>
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12943 

(42) Unit SLO-3: San Luis Obispo 

County, California. From USGS 1:24,000 

scale quadrangles Cayucos, York 

Mountain, Morro Bay North, Morro Bay 

South, Atascadero, San Luis Obispo, 

Santa Margarita, Lopez Mtn., Arroyo 

Grande NE, Santa Margarita Lake and 

Tar Spring Ridge. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 

708480,3909559; 708441,3910955; 

708953,3910998; 708951,3911126; 

709014,3911173; 709031,3911248; 

709149,3911331; 709196,3911523; 

709379,3911869; 709720,3911825; 

709690,3911905; 709706,3912082; 

709833,3912190; 709970,3912204; 

710064,3912127; 710369,3911710; 

710470,3911835; 710784,3911745; 

711191,3913933; 711878,3913934; 

711797,3914739; 712191,3914739; 

712179,3915142; 711735,3915125; 

711736,3915563; 711304,3915547; 

711301,3916366; 710414,3916357; 

710425,3915951; 710147,3915940; 

710047,3915494; 710036,3916362; 

709640,3916335; 709639,3916723; 

708842,3916668; 708873,3915470; 

708430,3915467; 708224,3914469; 

708040,3914512; 706756,3911363; 

706360,3911808; 706227,3911922; 

706084,3911995; 705844,3912068; 

705722,3911621; 705700,3911440; 

705722,3911307; 705134,3911225; 

705096,3911346; 705495,3911457; 

705535,3911575; 704722,3911846; 

704376,3911393; 704274,3911458; 

703953,3910861; 703639,3911003; 

703480,3911034; 703382,3911091; 

703163,3911297; 703032,3911484; 

702959,3911529; 702676,3911598; 

702245,3911808; 702081,3911796; 

701929,3911752; 701839,3911772; 

701727,3911897; 701655,3912079; 

701528,3912248; 701357,3912809; 

701276,3912913; 701072,3912981; 

701034,3913017; 700904,3913017; 

700792,3913073; 700488,3913155; 

700314,3913091; 700217,3913101; 

700116,3913173; 699882,3913217; 

699835,3913247; 699721,3913403; 

699336,3913304; 699129,3913322; 

699054,3913306; 699021,3913245; 

699016,3913056; 698990,3912989; 

698913,3912885; 698739,3912799; 

698225,3912640; 697879,3912645; 

697856,3912906; 697714,3913241; 

697639,3913667; 697463,3914010; 

697354,3914345; 697145,3914487; 

696811,3914604; 696660,3914964; 

696760,3915332; 696986,3915834; 

696505,3915981; 696019,3916362; 

695814,3916551; 695600,3916847; 

695394,3917201; 695295,3917588; 

695312,3917736; 695411,3917835; 

695279,3919493; 694899,3919905; 

694734,3920136; 694668,3920318; 

694420,3920565; 694255,3920582; 

694156,3920631; 693760,3920747; 

693694,3920846; 693694,3921192; 

693595,3921324; 693397,3921423; 

693034,3921704; 692886,3922084; 

692886,3922331; 692556,3922744; 

692452,3922808; 692220,3923081; 

691953,3923266; 691735,3923774; 

691714,3924444; 691730,3924609; 

691796,3924741; 692374,3924774; 

692836,3924642; 693018,3924559; 

693133,3924757; 693265,3924873; 

693265,3925087; 693496,3925467; 

693595,3925747; 693859,3926110; 

693859,3926193; 693744,3926193; 

693678,3926077; 693414,3926143; 

693414,3926342; 693562,3926540; 

693562,3926705; 693661,3926903; 

693793,3927084; 693826,3927216; 

694056,3927463; 694099,3927483; 

694020,3927619; 694019,3927738; 

694067,3927896; 694053,3927946; 

693969,3928099; 693780,3928333; 

693734,3928506; 693843,3928738; 

693802,3928968; 693816,3929091; 

693927,3929258; 694114,3929368; 

694194,3929576; 694322,3929750; 

694327,3929777; 694266,3929869; 

694296,3930070; 694246,3930584; 

694159,3930640; 694177,3930826; 

694217,3931041; 694341,3931111; 

694484,3931101; 694554,3931166; 

694482,3931458; 694589,3931548; 

694603,3931722; 694703,3931707; 

694747,3931720; 

694798,3931779;694834,3931782; 

694942,3931688; 695135,3931627; 

695402,3931814; 695523,3931825; 

695633,3931876; 695844,3932143; 

695936,3932170; 696026,3932152; 

696092,3932066; 696135,3932049; 

696282,3932083; 696424,3932075; 

696615,3931953; 696817,3931891; 

696900,3932011; 696918,3932132; 

697057,3932241; 697387,3932375; 

697480,3932369; 697526,3932309; 

697551,3932140; 697615,3932074; 

697845,3931961; 698044,3931962; 

698191,3931901; 698375,3931774; 

698514,3931744; 698574,3931664; 

698670,3931604; 698799,3931559; 

698876,3931437; 698884,3931292; 

698962,3931265; 699068,3931089; 

699170,3931010; 699831,3930696; 

699943,3930599; 700371,3930482; 

700919,3930221; 701143,3930162; 

701600,3929922; 701747,3929883; 

701884,3929680; 701983,3929597; 

701971,3929382; 702013,3929333; 

702178,3929238; 702242,3929124; 

702361,3929011; 702467,3928991; 

702571,3929001; 702597,3928980; 

702602,3928827; 702647,3928808; 

702742,3928831; 702831,3928812; 

703038,3928640; 703191,3928594; 

703283,3928632; 703354,3928721; 

703528,3928803; 703668,3928749; 

703768,3928783; 703842,3928751; 

703959,3928631; 704182,3928558; 

704620,3928592; 704750,3928582; 

705170,3928253; 705438,3928113; 

705649,3927941; 705804,3927729; 

705971,3927586; 706777,3927329; 

707148,3927150; 707223,3927200; 

707472,3927202; 707635,3926909; 

707766,3926532; 708005,3926362; 

708346,3926329; 708628,3926423; 

708831,3926689; 709025,3926659; 

709477,3926386; 709682,3926379; 

709839,3926309; 709890,3926133; 

709871,3925716; 709903,3925585; 

709960,3925472; 710028,3925415; 

710313,3925264; 710515,3925258; 

710633,3925194; 710877,3924934; 

711040,3924873; 711223,3924880; 

711562,3924974; 711555,3922474; 

711863,3922131; 711966,3922080; 

712271,3922302; 712493,3922380; 

712815,3922394; 713109,3922340; 

713722,3922339; 714153,3922599; 

714639,3922995; 714733,3923111; 

714988,3922722; 715536,3921353; 

715565,3921060; 715643,3920678; 

715927,3920248; 715849,3919544; 

716641,3917931; 718619,3919042; 

718562,3919124; 718547,3919198; 

718681,3919575; 718668,3919654; 

718624,3919708; 718405,3919854; 

718351,3920042; 718285,3919990; 

718256,3919912; 718218,3919883; 

718135,3919906; 718091,3919972; 

718098,3920082; 718250,3920365; 

718297,3920544; 718151,3920650; 

718055,3920780; 717989,3921009; 

717841,3921343; 717700,3921810; 

717618,3922169; 717595,3922983; 

717632,3923237; 717635,3923514; 

717583,3923647; 717426,3923886; 

717304,3924311; 717151,3924640; 

717307,3924635; 717579,3924544; 

717671,3924465; 717745,3924318; 

717788,3924299; 717966,3924252; 

718153,3924236; 718271,3924345; 

718521,3924211; 718777,3923954; 

718800,3923757; 718846,3923623; 

719026,3923516; 719142,3923488; 

719132,3923307; 719500,3923114; 

719591,3922829; 719677,3922676; 

719912,3922547; 719788,3922437; 

719772,3922191; 719517,3922138; 

719184,3922112; 719146,3922046; 

719145,3921917; 719103,3921816; 

719112,3921752; 719161,3921607; 

719212,3921533; 719290,3921182; 

719428,3920885; 719817,3920442; 

719938,3920210; 720191,3919850; 

720452,3919357; 720758,3918546; 

720847,3918381; 721019,3918136; 

721329,3917763; 721851,3917236; 

722148,3917189; 722224,3917247; 

722262,3917250; 722342,3917152; 

722335,3917026; 722469,3916881; 

722639,3916799; 722746,3916774; 

722908,3916673; 722976,3916671; 

723022,3916593; 722804,3916430; 

722684,3916378; 722296,3916403; 

722210,3916383; 722157,3916329; 


sroberts on DSKD5P82C1PROD with RULES
12944 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

722004,3915966; 722104,3915729; 

722110,3915663; 722050,3915601; 

721807,3915496; 721609,3915336; 

721768,3915128; 721889,3914914; 

721932,3914745; 721909,3914676; 

721663,3914435; 721564,3914439; 

721123,3914576; 721075,3914497; 

721068,3914361; 721169,3914080; 

721170,3913922; 721132,3913866; 

720922,3913687; 720905,3913519; 

720873,3913508; 720586,3913645; 

720534,3913636; 720417,3913512; 

720345,3913368; 720339,3913253; 

720612,3913133; 720803,3912974; 

720817,3912693; 720846,3912657; 

721158,3912460; 721225,3912369; 

721189,3912299; 720950,3912080; 

720949,3911988; 720894,3911854; 

720914,3911595; 720830,3911364; 

720927,3911342; 721047,3911351; 

721178,3911099; 721446,3911152; 

721547,3911083; 721662,3911049; 

721743,3910974; 721802,3910823; 

721896,3910698; 722203,3910574; 

722603,3910321; 722741,3910285; 

723030,3910279; 723323,3910148; 

723453,3910118; 723661,3909983; 

723804,3909975; 723919,3909931; 

723993,3909885; 724072,3909758; 

724137,3909705; 724747,3909383; 

725022,3909160; 725074,3909140; 

725326,3909138; 725430,3909040; 

725505,3909010; 725521,3908890; 

725612,3908716; 725739,3908625; 

725796,3908610; 725904,3908770; 

726129,3908837; 726277,3908677; 

726457,3908556; 726636,3908485; 

726752,3908473; 726776,3908439; 

726770,3908379; 726708,3908145; 

726648,3908048; 726648,3907910; 

726696,3907824; 726846,3907637; 

726978,3907543; 727119,3907388; 

727291,3907275; 727425,3907223; 

727640,3907040; 728374,3906795; 

728489,3906794; 728747,3906676; 

728929,3906658; 728980,3906707; 

729220,3907106; 729314,3907079; 

729467,3906881; 729503,3906858; 

729674,3906855; 729690,3906761; 

729799,3906629; 730192,3906601; 

730252,3906579; 730431,3906423; 

730510,3906299; 730769,3906227; 

730871,3906096; 731107,3905963; 

731184,3905811; 731272,3905724; 

731275,3905667; 731156,3905397; 

731047,3905296; 730794,3905215; 

730606,3905082; 730477,3904953; 

730389,3904836; 730345,3904654; 

730187,3904566; 730153,3904516; 

730134,3904423; 730021,3904202; 

730162,3904059; 730211,3903689; 

730287,3903584; 730373,3903547; 

730490,3903451; 730539,3903274; 

730597,3903164; 730610,3902884; 

730543,3902705; 730614,3902488; 

730519,3902257; 730607,3902164; 

730736,3901941; 730765,3901763; 

730699,3901689; 730478,3901593; 

730379,3901601; 730106,3901761; 

729942,3901801; 729671,3901529; 

729513,3901489; 729400,3901579; 

729276,3901770; 729156,3901881; 

728841,3902051; 728632,3902215; 

728151,3902353; 727909,3902454; 

727699,3902448; 727523,3902583; 

727399,3902582; 727229,3902525; 

727108,3902547; 726920,3902753; 

726836,3902809; 726694,3902846; 

726553,3902967; 726426,3903012; 

726094,3903062; 726005,3903099; 

725732,3903388; 725572,3903455; 

725338,3903481; 724914,3903672; 

724599,3903956;724555,3903984; 

724428,3903995; 724295,3904068; 

724185,3904176; 724168,3904269; 

724114,3904351; 723963,3904441; 

723808,3904453; 723797,3904679; 

723624,3904870; 723562,3905071; 

723551,3905135; 723603,3905281; 

723587,3905347; 723422,3905488; 

723353,3905647; 723284,3905714; 

723134,3905742; 722948,3905662; 

722906,3905652; 722878,3905672; 

722909,3905898; 722896,3906018; 

722730,3906197; 722616,3906427; 

722554,3906476; 722373,3906541; 

722333,3906527; 722300,3906455; 

722258,3906454; 722142,3906512; 

721851,3906600; 721764,3906592; 

721611,3906629; 721534,3906774; 

721311,3906977; 721053,3907127; 

720798,3907154; 720644,3907275; 

720433,3907271; 720237,3907346; 

720169,3907336; 720027,3907209; 

719827,3907099; 719756,3906930; 

719431,3906655; 719240,3906353; 

719187,3906323; 718920,3906286; 

718724,3906291; 718631,3906271; 

718587,3906229; 718494,3906042; 

718379,3905952; 718293,3905926; 

718060,3906026; 717993,3906029; 

717766,3905967; 717546,3906007; 

717397,3905986; 717197,3905906; 

717124,3905714; 716745,3905915; 

716386,3905988; 716172,3906099; 

715943,3906264; 715852,3906428; 

715633,3906476; 715562,3906525; 

715397,3906710; 715185,3906910; 

715105,3906956; 714760,3906971; 

714467,3907048; 714135,3906821; 

713349,3906677; 712859,3906469; 

712615,3906420; 712022,3906204; 

711763,3906258; 711574,3906375; 

711350,3906610; 711235,3906824; 

711031,3906871; 710829,3906866; 

710786,3906899; 710726,3907030; 

710597,3907564; 710591,3907823; 

710629,3908101; 710599,3908139; 

710063,3908380; 709730,3908654; 

709640,3908770; 709536,3908835; 

709428,3908982; 709183,3909029; 

709087,3909114; 708906,3909193; 

708654,3909438; returning to 

708480,3909559. 

(ii) Note: Unit SLO-3 for California 

red-legged frog is depicted on the map 

in paragraph (41)(ii) of this entry. 

(43) Unit SLO-4: San Luis Obispo 

County, California. From USGS 1:24,000 

scale quadrangles Santa Margarita Lake, 

Pozo Summit, Caldwell Mesa, La Panza 

and Los Machos Hills. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 749907,3913538; 

750002,3913543; 750128,3913449; 

750319,3913415; 750490,3913308; 

750641,3913287; 750712,3913239; 

750794,3913147; 750835,3913058; 

750922,3912754; 751060,3912628; 

751101,3912530; 751221,3912434; 

751273,3912405; 751444,3912377; 

751664,3912250; 751802,3912230; 

751957,3912259; 751996,3912205; 

752062,3911964; 752230,3911722; 

752364,3911453; 752356,3911404; 

752251,3911305; 752262,3911239; 

752358,3911103; 752442,3910835; 

752446,3910382; 752573,3910109; 

752526,3909867; 752560,3909649; 

752605,3909602; 752790,3909551; 

753037,3909383; 753180,3909384; 

753255,3909454; 753407,3909398; 

753470,3909334; 753311,3909007; 

753069,3908811; 752884,3908789; 

752810,3908758; 752572,3908334; 

752562,3908291; 752675,3908051; 

752782,3907694; 752823,3907652; 

752921,3907655; 753101,3907721; 

753320,3907685; 753530,3907732; 

753702,3907727; 753920,3907683; 

754044,3907566; 754247,3907555; 

754484,3907365; 754482,3907173; 

754569,3907001; 754615,3906821; 

754725,3906553; 754701,3906327; 

754614,3906193; 754667,3905923; 

754588,3905557; 754619,3905438; 

754610,3905350; 754549,3905235; 

754369,3905270; 754182,3905177; 

754112,3904920; 753979,3904798; 

753954,3904740; 753956,3904595; 

754119,3904319; 754060,3904215; 

753994,3903997; 754040,3903708; 

753956,3903558; 753871,3903284; 

753829,3903239; 753826,3902991; 

753763,3902926; 753600,3902856; 

753536,3902799; 753435,3902578; 

753506,3902482; 753528,3902392; 

753394,3902280; 753250,3902082; 

753203,3902052; 753108,3902044; 

753057,3902009; 752996,3901873; 

752981,3901741; 752924,3901603; 

752920,3901473; 753012,3901277; 

753148,3901091; 753360,3900956; 

753429,3900857; 753444,3900768; 

753352,3900652; 753160,3900670; 

752897,3900587; 752822,3900504; 

752775,3900352; 752686,3900236; 

752533,3900243; 752480,3900225; 

752337,3900019; 752208,3899942; 

752182,3899738; 752132,3899578; 

752105,3899557; 751924,3899589; 

751610,3899752; 751389,3899731; 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12945 

751189,3899746; 751065,3899718; 

750964,3899769; 750934,3899819; 

750857,3900160; 750665,3900271; 

750626,3900350; 750471,3900376; 

750382,3900434; 750349,3900500; 

750282,3900543; 750209,3900688; 

750124,3900728; 750000,3900718; 

749877,3900774; 749682,3901061; 

749382,3901213; 749260,3901313; 

749177,3901338; 748884,3901682; 

748920,3901927; 748877,3902111; 

748835,3902149; 748687,3902166; 

748448,3902277; 748180,3902541; 

748108,3902533; 747951,3902442; 

747864,3902438; 747663,3902536; 

747627,3902669; 747516,3902788; 

747152,3902956; 747070,3902986; 

746746,3902918; 746574,3902921; 

746410,3902963; 746251,3903088; 

746081,3903296; 745991,3903320; 

745896,3903308; 745712,3903361; 

745569,3903443; 745413,3903584; 

745219,3903524; 745169,3903525; 

745107,3903563; 744979,3903744; 

744861,3903832; 744798,3903936; 

744795,3904065; 744720,3904350; 

744497,3904711; 744449,3904751; 

744375,3904777; 744063,3904723; 

743688,3904760; 743419,3904715; 

743243,3904822; 743013,3904854; 

742926,3904904; 742803,3904918; 

742676,3904893; 742711,3904973; 

742673,3905196; 742626,3905286; 

742596,3905294; 742476,3905218; 

742409,3905213; 742343,3905238; 

742182,3905238; 742114,3905274; 

741988,3905239; 741878,3905244; 

741849,3905256; 741711,3905511; 

741608,3905563; 741497,3905662; 

741283,3905727; 741120,3905669; 

740989,3905505; 740897,3905505; 

740794,3905414; 740744,3905420; 

740294,3905673; 740118,3905737; 

739997,3905754; 739685,3905901; 

739602,3906049; 739520,3906103; 

739255,3906082; 739220,3906050; 

739169,3906044; 739077,3906055; 

738965,3905991; 738784,3906000; 

738673,3905949; 738595,3905952; 

738363,3906104; 738033,3906224; 

737757,3906404; 737383,3906506; 

737241,3906485; 736986,3906510; 

736802,3906437; 736607,3906298; 

736545,3906220; 736491,3906087; 

736367,3906001; 736263,3905828; 

736195,3905762; 735997,3905718; 

735767,3905603; 735702,3905595; 

735598,3905643; 735549,3905609; 

735370,3905578; 734922,3905593; 

734659,3905354; 734433,3905034; 

734196,3904906; 734095,3904890; 

733902,3904938; 733829,3904986; 

733604,3905013; 733343,3905169; 

733401,3905374; 733478,3905494; 

733763,3905679; 733801,3905725; 

733813,3905774; 733793,3905806; 

733594,3905863; 733554,3905901; 

733542,3905992; 733679,3906178; 

733707,3906287; 733774,3906383; 

733967,3906496; 734130,3906652; 

734154,3906705; 734065,3906902; 

734057,3907080; 734071,3907152; 

734192,3907341; 734205,3907548; 

734288,3907668; 734620,3907865; 

734770,3908026; 734933,3908282; 

735187,3908977; 735513,3909188; 

735579,3909254; 735841,3909818; 

736009,3909934; 736085,3910027; 

736233,3910096; 736259,3910138; 

736248,3910221; 736296,3910263; 

736401,3910275; 736454,3910235; 

736576,3910253; 736687,3910234; 

736865,3910310; 736967,3910281; 

737076,3910217; 737122,3910218; 

737142,3910241; 737170,3910485; 

737221,3910584; 737512,3910812; 

737809,3910554; 737867,3910471; 

737880,3910367; 737839,3909987; 

737860,3909731; 737793,3909596; 

737718,3909518; 737640,3909341; 

737300,3908933; 737303,3908909; 

737373,3908891; 737487,3908803; 

738037,3908768; 738113,3908799; 

738236,3908932; 738389,3908985; 

738534,3909120; 738597,3909125; 

738706,3909077; 738768,3908903; 

738802,3908864; 739136,3908784; 

739303,3908616; 739463,3908625; 

739597,3908667; 739820,3908802; 

739812,3908974; 739831,3909034; 

740090,3909098; 740192,3909165; 

740220,3909196; 740236,3909371; 

740264,3909401; 740424,3909492; 

740561,3909461; 740682,3909500; 

740740,3909546; 740795,3909637; 

740811,3909852; 740928,3909862; 

741190,3910104; 741281,3910150; 

741351,3910302; 741407,3910358; 

741670,3910357; 741959,3910441; 

742199,3910443; 742306,3910395; 

742377,3910329; 742528,3910268; 

742672,3910122; 742859,3910036; 

742896,3909995; 742970,3910001; 

743092,3910090; 743153,3910228; 

743318,3910376; 743394,3910551; 

743835,3910776; 744032,3910815; 

744050,3910885; 744009,3911070; 

744070,3911249; 744166,3911293; 

744245,3911252; 744345,3911264; 

744407,3911307; 744507,3911289; 

744587,3911245; 744689,3911315; 

744954,3911234; 745095,3911242; 

745158,3911200; 745181,3911213; 

745284,3911320;745273,3911537; 

745306,3911578; 745449,3911665; 

745708,3911877; 745889,3911958; 

746028,3912124; 746184,3912386; 

746363,3912491; 746552,3912551; 

746747,3912476; 746855,3912400; 

747016,3912347; 747185,3912330; 

747337,3912369; 747613,3912532; 

747712,3912640; 747890,3912758; 

748104,3913019; 748410,3913078; 

748671,3913080; 748921,3913126; 

748964,3913154; 749120,3913374; 

749162,3913394; 749336,3913362; 

749471,3913395; 749607,3913604; 

749649,3913628; 749718,3913621; 

returning to 749907,3913538. 

(ii) Note: Unit SLO-4 for California 

red-legged frog is depicted on the map 

in paragraph (41)(ii) of this entry. 

(44) Unit STB-1: Santa Barbara 

County, California. From USGS 1:24,000 

scale quadrangles Tepusquet Canyon, 

Foxen Canyon, Manzanita Mountain 

and Zaca Lake. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 760562,3876097; 

760672,3876042; 761005,3876093; 

761287,3875929; 761484,3875882; 

761676,3875762; 761783,3875634; 

761915,3875540; 762011,3875342; 

762187,3875292; 762339,3875178; 

762395,3875163; 762518,3874997; 

762670,3874870; 763079,3874758; 

763145,3874919; 763311,3875038; 

763422,3875236; 763812,3875437; 

764027,3875382; 764181,3875309; 

764363,3875306; 764567,3875164; 

764684,3875040; 764762,3875023; 

764832,3875188; 764845,3875462; 

764895,3875633; 765728,3875247; 

766130,3874926; 766773,3874765; 

767375,3874303; 767317,3874268; 

767147,3874084; 767009,3874063; 

766889,3873933; 766692,3873794; 

766680,3873615; 766866,3873352; 

766878,3873053; 766932,3872882; 

767102,3872733; 767518,3872546; 

767828,3872501; 768022,3872422; 

768333,3872362; 768617,3872174; 

768753,3872050; 768872,3871869; 

768833,3871652; 768789,3871555; 

768302,3871371; 768233,3871304; 

768179,3871202; 768119,3871167; 

767914,3871161; 767761,3871077; 

767577,3871017; 767443,3871051; 

767275,3871037; 767170,3870973; 

767012,3870794; 766969,3870783; 

766959,3870591; 767103,3870378; 

767134,3870165; 767123,3870109; 

766974,3870022; 766841,3869893; 

766810,3869721; 766702,3869630; 

766590,3869471; 766520,3869233; 

766555,3869103; 766558,3868884; 

766939,3868674; 767035,3868506; 

767084,3868355; 767080,3868253; 

766843,3867945; 766763,3867725; 

766766,3867689; 766887,3867637; 

766960,3867566; 767061,3867318; 

767038,3866988; 767083,3866672; 

767053,3866343; 766926,3866262; 

766871,3866166; 766901,3865924; 

766875,3865716; 766912,3865624; 

766960,3865587; 766919,3865529; 

766872,3865365; 766724,3865095; 

766449,3864834; 766178,3864457; 

766115,3864280; 766071,3863939; 

765862,3863616; 765794,3863346; 

765692,3863267; 765391,3863258; 

765364,3863228; 765331,3862966; 

765225,3862803; 765140,3862612; 

764983,3862406; 764868,3862136; 


sroberts on DSKD5P82C1PROD with RULES
12946 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

764617,3862365; 764482,3862406; 

764224,3862343; 764032,3862342; 

763590,3862178; 763547,3862176; 

763295,3862281; 762879,3862024; 

762827,3861912; 762570,3861741; 

762469,3861631; 762204,3861602; 

762136,3861666; 762105,3861666; 

761931,3861582; 761845,3861487; 

761788,3861358; 761781,3861243; 

761844,3861084; 761850,3860994; 

761785,3860737; 761750,3860680; 

761705,3860676; 761440,3860732; 

761112,3860913; 760959,3860945; 

760807,3861013; 760636,3861043; 

760598,3861036; 760566,3860969; 

760433,3861135; 759600,3861135; 

758845,3862084; 758767,3862569; 

758748,3862937; 759290,3863518; 

759639,3863731; 759813,3864060; 

759852,3864486; 760046,3865087; 

759717,3865648; 759717,3866047; 

759659,3866170; 759601,3866415; 

759655,3866528; 759581,3866701; 

759449,3866785; 759438,3866819; 

759430,3867144; 759385,3867286; 

759402,3867508; 759383,3867543; 

759254,3867630; 759240,3867665; 

759221,3867942; 759171,3868113; 

759197,3868274; 759173,3868453; 

758987,3868651; 758941,3868990; 

758822,3869188; 758919,3869389; 

759088,3869432; 759139,3869528; 

759310,3869599; 759411,3869690; 

759610,3869788; 759707,3869963; 

759731,3870118; 759685,3870224; 

759615,3870533; 759591,3870865; 

759493,3871043; 759348,3871149; 

759266,3871363; 759205,3871457; 

758906,3871763; 758719,3871858; 

758736,3872008; 758710,3872086; 

758485,3872299; 758330,3872577; 

758384,3872761; 758541,3873023; 

758697,3873177; 758755,3873396; 

758824,3873459; 759046,3873498; 

759241,3873456; 759706,3873605; 

759884,3873711; 759924,3873760; 

759967,3873943; 759864,3874007; 

759819,3874091; 760002,3874342; 

760181,3874444; 760210,3874639; 

760333,3875007; 760311,3875096; 

760185,3875250; 760134,3875544; 

760198,3875800; 760198,3876182; 

760214,3876232; returning to 

760562,3876097. 

(ii) Note: Map of Units STB-1, STB-3, 

STB-6, and STB-7 for the California redlegged frog follows: 

BILLING CODE 4310–55–S 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12947 


sroberts on DSKD5P82C1PROD with RULESER17MR10.023</GPH>
12948 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

(45) Unit STB-2: Santa Barbara 

County, California. From USGS 1:24,000 

scale quadrangles Guadalupe, Casmalia, 

Santa Maria and Orcutt. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 731166,3856983; 

731162,3857181; 730322,3857168; 

730135,3857420; 729967,3857473; 

729819,3857459; 729578,3857568; 

729443,3857667; 729376,3857635; 

729296,3857555; 729247,3857354; 

729250,3857154; 726368,3857120; 

726362,3857815; 726173,3857740; 

725905,3857679; 725880,3857563; 

725691,3857512; 725605,3857586; 

725443,3857497; 725173,3857271; 

724731,3857082; 724478,3856821; 

724238,3856699; 723676,3856260; 

724048,3856812; 722984,3858902; 

720821,3862104; 720937,3862161; 

721420,3862089; 721742,3861874; 

722117,3861535; 722510,3861123; 

723011,3861088; 723387,3861266; 

723583,3861535; 723619,3861713; 

723619,3862035; 723780,3862429; 

724352,3863055; 724444,3863044; 

724504,3862997; 724541,3862994; 

724593,3863032; 724728,3863019; 

724960,3862894; 725461,3862876; 

726659,3863663; 727070,3863359; 

727589,3863037; 728111,3862721; 

728294,3862654; 728819,3862272; 

729012,3862198; 729234,3862071; 

729404,3862017; 729132,3861318; 

730520,3860854; 730596,3861595; 

731659,3861185; 732097,3860989; 

732221,3860925; 732166,3860903; 

732254,3860823; 732289,3860843; 

732494,3860743; 732565,3860659; 

732618,3860544; 732651,3860145; 

732777,3859761; 732883,3859161; 

733046,3858083; 733169,3856993; 

733069,3857088; 732897,3857362; 

732777,3857459; 732591,3857466; 

732186,3857578; 732036,3857709; 

731830,3857930; 731144,3858960; 

730876,3859226; 730556,3859033; 

730572,3858841; 730613,3858694; 

730754,3858570; 730770,3858404; 

730861,3858147; 730876,3857961; 

730938,3857800; 730944,3857692; 

731044,3857527; 731168,3857431; 

731264,3857288; 731268,3857183; 

731237,3857088; returning to 

731166,3856983. 

(ii) Note: Map of Units STB-2, STB-4, 

and STB-5 for the California red-legged 

frog follows: 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12949 

BILLING CODE 4310–55–C 


sroberts on DSKD5P82C1PROD with RULESER17MR10.024</GPH>
12950 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

(46) Unit STB-3: Santa Barbara 

County, California. From USGS 1:24,000 

scale quadrangle Zaca Lake. 

(i) Land bounded by the following 

UTM Zone 11, NAD83 coordinates 

(E,N): 230921,3859474; 

231976,3855997; 231890,3855313; 

232588,3855068; 233102,3854919; 

233630,3854805; 234514,3854539; 

235496,3854163; 236301,3853942; 

236842,3853657; 236927,3853500; 

237181,3853315; 237201,3853245; 

237165,3853055; 237180,3853032; 

237447,3852825; 237675,3852714; 

237864,3852491; 237792,3852298; 

237820,3852284; 237420,3852151; 

237364,3852097; 237247,3851871; 

237123,3851728; 237048,3851596; 

236938,3851521; 236777,3851481; 

236707,3851497; 236552,3851576; 

235953,3851788; 235563,3851863; 

234961,3851815; 234714,3851674; 

234496,3851477; 234358,3851045; 

234322,3850773; 234404,3850093; 

234486,3849740; 234556,3849573; 

234559,3849286; 234768,3848835; 

234772,3848698; 234832,3848438; 

235000,3848176; 234956,3847963; 

234849,3847731; 234761,3847417; 

234633,3847210; 234523,3846800; 

234405,3846556; 234430,3846444; 

234496,3846274; 234641,3846127; 

234655,3845801; 234694,3845582; 

235214,3845602; 235321,3845537; 

235464,3845334; 235486,3845216; 

235556,3845096; 235837,3844795; 

236063,3844620; 236278,3844306; 

236410,3844198; 236413,3844054; 

236394,3843995; 236297,3843925; 

235968,3843843; 235779,3843622; 

235745,3843441; 235662,3843307; 

235280,3843043; 235160,3842881; 

235067,3842855; 234986,3842797; 

235124,3842405; 235154,3842214; 

235095,3842078; 235086,3841955; 

235289,3841603; 235375,3841313; 

235270,3841241; 235220,3841130; 

235208,3841018; 235232,3840799; 

235099,3840596; 235079,3840429; 

234816,3840179; 234758,3840083; 

234870,3839682; 234863,3839626; 

234569,3839466; 234548,3839402; 

234596,3839216; 234551,3839186; 

234505,3839194; 234319,3839348; 

234176,3839378; 234045,3839362; 

233722,3839230; 233594,3839090; 

233445,3839043; 233229,3838675; 

233234,3838621; 233359,3838487; 

233279,3838346; 233241,3838166; 

233011,3837900; 232617,3837779; 

232545,3837783; 232272,3837921; 

232288,3837973; 232254,3838087; 

231994,3838249; 231644,3838529; 

231401,3838550; 231311,3838536; 

231264,3838496; 231181,3838751; 

230923,3838980; 229978,3839158; 

229754,3839349; 229620,3839728; 

229455,3839945; 228963,3840302; 

228573,3840711; 228264,3841264; 

228105,3841830; 227395,3841831; 

227431,3841887; 227464,3842078; 

227693,3842420; 227853,3842961; 

228003,3843254; 228078,3843376; 

228423,3843705; 228529,3843869; 

228504,3843950; 228575,3844048; 

228576,3844116; 228495,3844458; 

228496,3844558; 228524,3844593; 

228626,3844603; 228766,3844658; 

228930,3844819; 229008,3844936; 

229104,3845002; 229142,3845053; 

229223,3845301; 229404,3845439; 

229513,3845695; 229648,3845815; 

229698,3845994; 229487,3845995; 

229240,3845960; 229184,3845966; 

229017,3846048; 228868,3846057; 

228502,3846298; 228407,3846415; 

228239,3846540; 228076,3846793; 

228032,3846948; 227986,3846998; 

227964,3847211; 227904,3847345; 

227790,3847460; 227540,3847621; 

227318,3847978; 227223,3848077; 

227052,3848344; 226763,3848565; 

226719,3848644; 226741,3848761; 

226924,3849108; 226976,3849159; 

226861,3849365; 226919,3849445; 

227014,3849486; 227022,3849580; 

226902,3849798; 226782,3849984; 

225971,3850915; 225899,3851125; 

225509,3851345; 225373,3851455; 

225113,3851261; 225053,3851329; 

224898,3851410; 224882,3851506; 

224747,3851713; 224508,3852251; 

224488,3852394; 224552,3852530; 

224542,3852640; 224016,3852942; 

223678,3853077; 223632,3853116; 

223570,3853232; 223025,3853418; 

222679,3853633; 222574,3853728; 

222305,3853820; 222120,3853982; 

221910,3854075; 221824,3854155; 

221746,3854386; 221657,3854523; 

221570,3854603; 221584,3854837; 

221549,3855036; 221605,3855355; 

221598,3855473; 221463,3855699; 

221341,3855832; 221328,3855884; 

221409,3856080; 221396,3856343; 

221472,3856459; 221578,3856531; 

221619,3856596; 221676,3856942; 

221714,3857033; 222169,3857284; 

222220,3857340; 222216,3857368; 

222066,3857560; 222045,3857682; 

221936,3857856; 221835,3857935; 

221784,3858013; 221627,3858121; 

221367,3858161; 221040,3858136; 

220936,3858215; 220841,3858253; 

220491,3858351; 220462,3858387; 

220461,3858452; 220502,3858725; 

220458,3858838; 220301,3859033; 

220205,3859317; 220278,3859409; 

220331,3859562; 220347,3859940; 

220317,3860168; 220433,3860222; 

220607,3860696; 221104,3860908; 

221424,3861398; 222280,3861540; 

222792,3861831; 222833,3861741; 

223015,3861554; 223152,3861298; 

223285,3861237; 223409,3861128; 

223602,3860830; 223799,3860733; 

223824,3860428; 223983,3860276; 

223987,3860123; 223929,3859962; 

223985,3859737; 223955,3859619; 

224001,3859242; 223893,3858913; 

224209,3859091; 224432,3859173; 

224575,3859285; 224875,3859378; 

225068,3859394; 225363,3859267; 

225438,3859274; 225607,3859382; 

225709,3859505; 225969,3859543; 

226191,3859671; 226446,3859945; 

226565,3860298; 226779,3861260; 

226929,3861740; 227069,3862025; 

227271,3862117; 227901,3862297; 

228180,3862460; 228177,3862385; 

228049,3862165; 227859,3861928; 

227736,3861694; 227674,3861404; 

227811,3861121; 228015,3860908; 

228360,3860784; 228771,3860676; 

229717,3860243; 230217,3859946; 

230582,3859682; returning to 

230921,3859474. 

(ii) Note: Unit STB-3 for California 

red-legged frog is depicted on the map 

in paragraph (44)(ii) of this entry. 

(47) Unit STB-4: Santa Barbara 

County, California. From USGS 1:24,000 

scale quadrangles Tranquillon 

Mountain. and Lompoc Hills. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 729283,3821732; 

729615,3821828; 729936,3821744; 

729938,3821604; 730174,3821644; 

730245,3821754; 730255,3822019; 

730366,3822066; 730259,3822142; 

730341,3824270; 730715,3824569; 

730770,3824723; 730794,3824914; 

730779,3825134; 730844,3825381; 

730814,3825588; 730736,3825725; 

730616,3825809; 730522,3825823; 

730396,3825890; 730447,3827602; 

729977,3827620; 729742,3827441; 

729579,3827448; 729425,3827598; 

729439,3827714; 729508,3827830; 

729376,3827830; 729116,3827765; 

729064,3827885; 729135,3827930; 

729256,3828084; 729386,3828164; 

729518,3828204; 729771,3828199; 

730093,3828281; 730162,3828390; 

730232,3828426; 730845,3828360; 

730910,3828407; 730961,3828526; 

731006,3828783; 731042,3828827; 

731183,3828800; 731631,3828340; 

731725,3828302; 731970,3828271; 

732151,3828210; 732482,3828211; 

733060,3827929; 733182,3827777; 

733316,3827677; 733373,3827572; 

733460,3827544; 733774,3827615; 

733955,3827496; 734461,3827273; 

734507,3827177; 734524,3827005; 

734567,3826941; 734659,3826858; 

734799,3826810; 734874,3826750; 

735013,3826386; 735126,3825805; 

735374,3825521; 735892,3825308; 

736056,3825108; 736068,3824966; 

736047,3824895; 735860,3824725; 

735579,3824624; 735520,3824562; 

735490,3824485; 735467,3824220; 

735423,3824057; 735383,3823999; 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12951 

735307,3823965; 735198,3823985; 

735083,3824069; 735011,3824092; 

734911,3823997; 734837,3823821; 

734439,3823681; 734370,3823633; 

734340,3823582; 734322,3823311; 

734241,3823031; 734162,3822886; 

733960,3822628; 733859,3822409; 

733764,3822290; 733592,3822135; 

733620,3822078; 733633,3821873; 

733672,3821769; 733760,3821640; 

734138,3821389; 734241,3821294; 

734349,3821148; 734434,3820848; 

734439,3820745; 734395,3820592; 

734325,3820574; 734055,3820617; 

733705,3820588; 733328,3820601; 

733075,3820689; 732779,3820930; 

732606,3821109; 732500,3821165; 

732200,3821183; 731910,3821231; 

731567,3821184; 731053,3821259; 

730834,3821228; 730572,3821371; 

730442,3821394; 730148,3821386; 

730039,3821421; 729978,3821470; 

729841,3821675; 729724,3821725; 

729488,3821739; 729344,3821701; 

729276,3821629; returning to 

729283,3821732. 

(ii) Note: Unit STB-4 for California 

red-legged frog is depicted on the map 

in paragraph (45)(ii) of this entry. 

(48) Unit STB-5: Santa Barbara 

County, California. From USGS 1:24,000 

scale quadrangles Santa Rosa Hills, 

Solvang and Gaviota. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 754082,3828621; 

754220,3828624; 754353,3828538; 

754484,3828518; 754931,3828518; 

755206,3828493; 755300,3828431; 

755414,3828288; 755575,3828212; 

755742,3828169; 755779,3828121; 

755879,3827637; 755821,3827482; 

755964,3827406; 756196,3827234; 

756293,3827116; 756595,3827008; 

756601,3826836; 756743,3826460; 

756612,3826255; 756591,3826150; 

756657,3826032; 756701,3825778; 

756846,3825651; 756876,3825582; 

756798,3825268; 756716,3825102; 

756670,3824819; 756583,3824656; 

756924,3824697; 757105,3824442; 

757173,3824401; 757409,3824289; 

757802,3824191; 758062,3824046; 

758418,3824147; 758483,3824146; 

758654,3824109; 758956,3824097; 

759185,3823989; 759313,3823888; 

759356,3823826; 759476,3823527; 

759563,3823388; 759548,3823115; 

759577,3822909; 759786,3822680; 

759614,3822411; 759491,3822264; 

758838,3822045; 758378,3821985; 

758063,3821887; 757890,3821808; 

757632,3821751; 757411,3821638; 

757090,3821271; 756817,3821205; 

756808,3821052; 756686,3820890; 

756722,3820735; 756716,3820604; 

756657,3820451; 756510,3820230; 

756394,3820122; 756216,3820140; 

756146,3820057; 755960,3819953; 

755931,3819925; 755906,3819802; 

755807,3819648; 755619,3819539; 

755309,3819235; 755176,3819185; 

755084,3818876; 755126,3818560; 

754978,3818336; 754815,3817931; 

754712,3817826; 754545,3817914; 

754353,3818081; 753795,3818299; 

753620,3818490; 753474,3818553; 

753200,3818625; 753158,3818667; 

753147,3818770; 753015,3819109; 

753013,3819157; 753096,3819346; 

753342,3819518; 753385,3819620; 

753341,3819734; 753176,3819898; 

753175,3819997; 753236,3820136; 

752987,3820348; 752979,3820397; 

753010,3820486; 752957,3820648; 

752961,3820749; 753074,3820999; 

753329,3821454; 753393,3821515; 

753567,3821609; 753614,3821664; 

753589,3821730; 753478,3821799; 

753341,3821827; 753191,3822091; 

753039,3822189; 752961,3822212; 

752604,3822156; 752336,3822171; 

752121,3822276; 752044,3822295; 

751885,3822284; 751740,3822395; 

751571,3822432; 751345,3822432; 

750965,3822371; 750711,3822281; 

750371,3822319; 750231,3822360; 

750179,3822461; 750007,3822667; 

750066,3822856; 750213,3822944; 

750268,3823084; 750434,3823080; 

750652,3823110; 750716,3823220; 

750690,3823335; 750439,3823592; 

750348,3823715; 750335,3823770; 

750456,3823947; 750488,3824163; 

750596,3824256; 750780,3824259; 

750839,3824376; 750807,3824796; 

750948,3825215; 750926,3825433; 

750875,3825585; 750875,3825695; 

750964,3825912; 750994,3826175; 

751047,3826363; 751162,3826568; 

751167,3826702; 751257,3826992; 

751377,3827152; 751406,3827294; 

751444,3827363; 751566,3827409; 

751732,3827410; 752145,3827504; 

752493,3827446; 752553,3827613; 

752627,3827679; 752750,3827870; 

752841,3827943; 753043,3828218; 

753153,3828494; 753196,3828533; 

753588,3828705; 753846,3828746; 

753902,3828744; 753974,3828673; 

returning to 754082,3828621. 

(ii) Note: Unit STB-5 for California 

red-legged frog is depicted on the map 

in paragraph (45)(ii) of this entry. 

(49) Unit STB-6: Santa Barbara 

County, California. From USGS 1:24,000 

scale quadrangles Solvang, Gaviota, 

Santa Ynez and Tajiguas. 

(i) Land bounded by the following 

UTM Zone 10, NAD83 coordinates 

(E,N): 770986,3825640; 

771043,3825632; 771193,3825688; 

771256,3825673; 771613,3825452; 

771858,3825355; 772104,3825203; 

772038,3825075; 771949,3824690; 

771903,3824212; 771816,3824079; 

771803,3823865; 771692,3823753; 

771692,3823706; 771632,3823581; 

771652,3823204; 771634,3823189; 

771498,3823201; 771432,3823131; 

771416,3822976; 771341,3822894; 

771241,3822586; 771136,3822552; 

771008,3822571; 770470,3822451; 

770117,3822424; 770036,3822398; 

769943,3822327; 769948,3822289; 

769999,3822245; 770022,3822094; 

769939,3821829; 770006,3821600; 

769983,3821464; 770018,3820930; 

769923,3820628; 769971,3820303; 

769911,3819814; 769993,3819678; 

769983,3819612; 769914,3819513; 

769905,3819442; 769937,3819047; 

769841,3818859; 769822,3818655; 

769729,3818476; 769776,3818105; 

769624,3817885; 769489,3817584; 

769432,3817327; 769196,3817362; 

769024,3817339; 768821,3817242; 

768814,3817204; 768841,3817147; 

768738,3817108; 768318,3817114; 

767420,3817064; 766933,3817129; 

766615,3817225; 766263,3817429; 

766217,3817432; 766161,3817398; 

765917,3817529; 765458,3817701; 

765210,3817835; 764630,3818046; 

764517,3818290; 764347,3818877; 

764207,3819094; 764111,3819628; 

764032,3819796; 763843,3819932; 

763796,3820002; 763812,3820203; 

763842,3820301; 763838,3820456; 

763604,3820619; 763553,3820667; 

763531,3820731; 763521,3820920; 

763552,3821048; 763543,3821167; 

763457,3821666; 763548,3822045; 

763452,3822372; 763447,3822459; 

763519,3822629; 763520,3822703; 

763477,3822787; 763483,3822952; 

763419,3823170; 763460,3823351; 

763410,3823628; 763849,3823641; 

763990,3823602; 764116,3823604; 

764292,3823570; 764509,3823694; 

764801,3823690; 765027,3823718; 

765650,3823931; 765792,3824005; 

765966,3824135; 766073,3824246; 

766151,3824399; 766447,3824529; 

766867,3824880; 767108,3824934; 

767278,3824884; 767313,3824958; 

767394,3825330; 767455,3825392; 

767578,3825449; 767631,3825444; 

767759,3825329; 767841,3825153; 

767882,3825112; 768167,3825010; 

768209,3824974; 768351,3824764; 

768477,3824724; 768565,3824722; 

768601,3824751; 768596,3825042; 

768631,3825100; 768811,3825096; 

769143,3824997; 769415,3825077; 

769466,3825106; 769584,3825243; 

769700,3825210; 769833,3825128; 

769903,3825144; 770088,3825284; 

770373,3825234; 770433,3825262; 

770546,3825386; 770688,3825762; 

770837,3825767; returning to 

770986,3825640. 

(ii) Note: Unit STB-6 for California 

red-legged frog is depicted on the map 

in paragraph (44)(ii) of this entry. 

(50) Unit STB-7: Santa Barbara and 

Ventura Counties, California. From 


sroberts on DSKD5P82C1PROD with RULES
12952 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

USGS 1:24,000 scale quadrangles Lake 

Cachuma, San Marcos Pass, Big Pine 

Mtn., Little Pine Mtn., Santa Barbara, 

Madulce Peak, Hildreth Peak, 

Carpinteria, Old Man Mountain, White 

Ledge Peak, Wheeler Springs and 

Matilija. 

(i) Land bounded by the following 

UTM Zone 11, NAD83 coordinates 

(E,N): 

254540,3837294; 254540,3837180; 

254497,3837043; 254566,3836882; 

254581,3836738; 254782,3836768; 

254873,3836753; 255119,3836601; 

255360,3836359; 255521,3836301; 

255735,3836335; 255863,3836260; 

256174,3836436; 256296,3836531; 

256438,3836538; 256491,3836507; 

256651,3836220; 256783,3836123; 

256986,3835539; 257062,3835412; 

257089,3835374; 257253,3835359; 

257309,3835319; 257387,3835238; 

257467,3835040; 257498,3835014; 

257807,3835121; 257960,3835201; 

258010,3835198; 258024,3835173; 

257996,3835061; 258053,3834932; 

258162,3834873; 258448,3834797; 

258539,3834749; 258861,3834733; 

259140,3834782; 259464,3834910; 

259623,3834923; 259715,3834972; 

259953,3835033; 260149,3835181; 

260132,3835316; 260041,3835526; 

259880,3835721; 259854,3835844; 

259772,3836021; 259853,3836267; 

259973,3836356; 260061,3836464; 

260154,3836600; 260153,3836656; 

260571,3836498; 260883,3836462; 

260926,3836446; 260984,3836352; 

261169,3836308; 261637,3836132; 

261861,3835973; 261913,3835903; 

262036,3835614; 262101,3835385; 

262252,3835290; 262379,3835171; 

262570,3835081; 262695,3834896; 

262877,3834761; 263015,3834497; 

264086,3833813; 263942,3833612; 

264011,3833435; 264042,3832876; 

264078,3832574; 264132,3832341; 

264249,3832177; 264742,3831921; 

265047,3831721; 265159,3831737; 

265707,3831674; 265937,3831581; 

266204,3831435; 266531,3831326; 

266775,3831317; 267067,3831370; 

267284,3831475; 267432,3831620; 

267715,3832013; 267906,3832157; 

268164,3832275; 268519,3832354; 

268852,3832357; 269237,3832302; 

269816,3832166; 270132,3832189; 

270699,3832099; 270796,3832147; 

270832,3832198; 270851,3832409; 

270904,3832506; 271090,3832468; 

271225,3832410; 271347,3832401; 

271538,3832296; 271612,3832200; 

271936,3832055; 272049,3832057; 

272165,3832022; 272249,3832055; 

272343,3832167; 272468,3832155; 

272803,3832025; 272886,3832020; 

272981,3832049; 273075,3832171; 

273219,3832165; 273402,3832109; 

273691,3832133; 273786,3832161; 

273841,3832151; 274145,3831930; 

274175,3831888; 274145,3831689; 

274180,3831573; 274312,3831385; 

274495,3831313; 274472,3830803; 

274735,3830604; 274923,3830509; 

274950,3830475; 275000,3830237; 

275215,3829931; 275189,3829829; 

275022,3829639; 274884,3829593; 

274732,3829496; 274514,3829480; 

274440,3829449; 274423,3829178; 

274379,3829071; 274297,3829026; 

274076,3828968; 273924,3828817; 

273928,3828779; 274026,3828715; 

274051,3828648; 274044,3828592; 

273938,3828395; 273996,3828246; 

274086,3828111; 274124,3827961; 

274204,3827810; 274189,3827776; 

274064,3827636; 274016,3827613; 

273925,3827601; 273679,3827650; 

273568,3827578; 273465,3827558; 

273309,3827578; 273175,3827533; 

273073,3827415; 273006,3827206; 

273091,3826952; 273086,3826756; 

273055,3826698; 273062,3826558; 

273122,3826408; 273286,3826390; 

273350,3826268; 273341,3826201; 

273290,3826111; 273172,3826015; 

273142,3825760; 273226,3825584; 

273405,3825435; 273576,3825350; 

273514,3825048; 273597,3824908; 

273622,3824739; 273750,3824610; 

273950,3824613; 274071,3824571; 

274399,3824322; 

274474,3824221;274509,3824108; 

274582,3824035; 274584,3823977; 

274643,3823874; 274642,3823813; 

274565,3823647; 274562,3823391; 

274524,3823253; 274605,3823149; 

274615,3823082; 274547,3822626; 

274557,3822492; 274533,3822311; 

274570,3822222; 274649,3822184; 

274891,3822164; 275081,3822065; 

275293,3822012; 275485,3821718; 

275604,3821597; 275756,3821502; 

275840,3821481; 275996,3821521; 

276142,3821520; 276294,3821556; 

276448,3821632; 276496,3821629; 

276614,3821567; 276686,3821556; 

276788,3821424; 276974,3821303; 

277234,3821282; 277295,3821294; 

277399,3821365; 277463,3821369; 

277579,3821245; 277631,3821224; 

277957,3821265; 278134,3821231; 

278284,3821250; 278450,3821183; 

278640,3820996; 278737,3820951; 

279054,3820960; 279277,3820931; 

279357,3820940; 279433,3820982; 

279540,3821079; 279838,3821001; 

280021,3821005; 280358,3821105; 

280590,3821114; 280836,3821172; 

281343,3821213; 281559,3821306; 

281763,3821360; 281947,3821339; 

282381,3821364; 282505,3821328; 

282730,3821394; 283119,3821455; 

283320,3821615; 283376,3821632; 

283771,3821627; 284018,3821714; 

284180,3821740; 284412,3821742; 

284496,3821722; 284830,3821570; 

285082,3821552; 285216,3821502; 

285434,3821504; 285899,3821655; 

286232,3821724; 286360,3821854; 

286706,3822022; 286736,3821889; 

286745,3821494; 286798,3821405; 

287000,3821226; 287051,3821146; 

287227,3821072; 287462,3821038; 

287541,3820987; 287656,3820733; 

287660,3820524; 287683,3820483; 

288081,3820234; 288388,3820156; 

288797,3819538; 289000,3819452; 

289251,3819184; 289681,3819065; 

289848,3818992; 290238,3819105; 

290385,3819028; 290382,3818716; 

290168,3818372; 289870,3818346; 

289637,3817929; 289617,3817336; 

289730,3817002; 289419,3817006; 

288934,3816842; 288224,3816394; 

287682,3816263; 287327,3816284; 

287120,3816311; 287012,3816496; 

286768,3816629; 286380,3816607; 

286341,3816936; 286253,3816956; 

286201,3817346; 286083,3817565; 

285933,3817566; 285618,3817694; 

285261,3817655; 285106,3817671; 

284668,3817915; 284422,3817980; 

284278,3817982; 284140,3818014; 

283910,3817995; 283708,3818098; 

283570,3818117; 283424,3818062; 

283229,3817896; 282887,3817826; 

282649,3817924; 282348,3817967; 

282156,3817950; 281929,3817838; 

281874,3817832; 281706,3817868; 

281526,3817856; 281326,3817920; 

281004,3817877; 280720,3817888; 

280560,3817798; 280101,3817710; 

280011,3817658; 279748,3817416; 

279464,3817570; 279336,3817683; 

279139,3817772; 278811,3817804; 

278774,3817834; 278704,3818030; 

278568,3818099; 278478,3818096; 

278376,3818000; 278271,3817965; 

277896,3818033; 277692,3818099; 

277599,3818067; 277313,3817879; 

276989,3817794; 276849,3817824; 

276679,3817905; 276590,3818024; 

276531,3818028; 276318,3817972; 

276171,3818135; 276016,3818039; 

275752,3817932; 275580,3817788; 

275329,3817640; 275239,3817630; 

275033,3817696; 274672,3817765; 

274361,3817785; 274177,3817748; 

273988,3817673; 273545,3817589; 

273411,3817528; 273187,3817495; 

273082,3817503; 273017,3817448; 

272814,3817057; 272730,3817005; 

272317,3817226; 272170,3817255; 

272029,3817238; 271875,3817140; 

271764,3816994; 271767,3816670; 

271736,3816646; 271471,3816630; 

271373,3816718; 271322,3816729; 

270955,3816682; 270836,3816608; 

270548,3816633; 270351,3816594; 

270259,3816681; 269908,3816794; 

269860,3816848; 269847,3817005; 

269810,3817045; 269623,3817067; 

269187,3816972; 269067,3817076; 

268936,3817144; 268898,3817143; 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12953 

268667,3816998; 268296,3816967; 

267993,3816808; 267926,3816794; 

267819,3816849; 267466,3816959; 

267332,3816970; 267212,3817022; 

266991,3817057; 266804,3817188; 

266686,3817211; 266204,3817117; 

265863,3817006; 265825,3816977; 

265776,3816853; 265811,3816615; 

265791,3816574; 265718,3816541; 

265391,3816504; 265143,3816578; 

264835,3816581; 264574,3816674; 

264406,3816799; 264238,3816829; 

264113,3816795; 264000,3816684; 

263915,3816735; 263672,3816815; 

263457,3816823; 263337,3816857; 

263134,3816853; 263079,3816905; 

263000,3817099; 263026,3817167; 

263002,3817248; 263285,3817578; 

263293,3817628; 263262,3817696; 

263237,3817744; 263190,3817770; 

263019,3817791; 262831,3817918; 

262766,3817938; 262605,3817886; 

262451,3817874; 262337,3817947; 

262249,3817939; 262215,3817955; 

262140,3818112; 262109,3818129; 

261728,3818068; 261509,3817921; 

261334,3817842; 260950,3817918; 

260876,3817961; 260815,3818136; 

260726,3818125; 260553,3818175; 

260253,3818198; 260205,3818330; 

260098,3818305; 259936,3818370; 

259858,3818493; 259531,3818714; 

259252,3818760; 259069,3818865; 

258941,3818975; 258637,3819093; 

258540,3819090; 258368,3819021; 

258272,3819019; 258101,3818939; 

257883,3818924; 257687,3819003; 

257599,3819150; 257561,3819171; 

257423,3819179; 257230,3819280; 

257088,3819310; 256977,3819391; 

256824,3819408; 256692,3819544; 

256598,3819597; 256297,3819570; 

255871,3819586; 255750,3819629; 

255526,3819650; 255285,3819731; 

254994,3819636; 254890,3819552; 

254815,3819539; 254625,3819650; 

254496,3819787; 254356,3819826; 

254059,3819976; 253697,3819985; 

253483,3820096; 253375,3820109; 

253217,3820059; 253159,3820081; 

253063,3820162; 253090,3820326; 

253047,3820414; 252961,3820418; 

252822,3820380; 252700,3820476; 

252538,3820536; 252358,3820656; 

252297,3820667; 252196,3820643; 

251992,3820449; 251722,3820286; 

251467,3820305; 251358,3820351; 

251031,3820328; 250811,3820417; 

250713,3820585; 250561,3820724; 

250485,3820859; 250320,3820945; 

250275,3820992; 249695,3821192; 

249350,3821203; 249252,3821248; 

249166,3821338; 249091,3821617; 

249023,3821758; 248720,3821831; 

248673,3821887; 248470,3821987; 

248386,3822075; 248098,3822072; 

248023,3822013; 247958,3822010; 

247889,3821942; 247768,3821921; 

247486,3821688; 247392,3821673; 

247137,3821543; 247027,3821538; 

246986,3821551; 246904,3821651; 

246799,3821673; 246686,3821760; 

246322,3821875; 245959,3821944; 

245821,3822088; 245250,3822371; 

245177,3822481; 245065,3822564; 

244920,3822851; 244797,3823012; 

244638,3823100; 244485,3823234; 

244271,3823374; 243850,3823411; 

243668,3823320; 243599,3823229; 

243464,3823136; 243465,3823063; 

243546,3822920; 243387,3822706; 

243315,3822708;243133,3822635; 

242986,3822717; 242833,3822681; 

242700,3822758; 242612,3822771; 

242532,3822621; 242470,3822576; 

242303,3822499; 242115,3822456; 

242050,3822399; 241886,3822357; 

241772,3822278; 241670,3822316; 

241588,3822283; 241503,3822282; 

241106,3822472; 240900,3822525; 

240457,3822494; 240372,3822504; 

240165,3822597; 239997,3822610; 

239850,3822328; 239716,3822200; 

239561,3822095; 239407,3822068; 

239240,3821999; 239154,3822034; 

239005,3822198; 238444,3822170; 

237897,3822336; 237707,3822253; 

237627,3822288; 237563,3822215; 

237449,3822159; 237263,3822135; 

236948,3822019; 236835,3822039; 

236710,3822022; 236568,3822108; 

236433,3822132; 236293,3822229; 

236200,3822247; 236138,3822331; 

235983,3822328; 235776,3822468; 

235758,3822542; 235734,3822556; 

235619,3822569; 235373,3822654; 

235297,3822741; 235218,3822899; 

235106,3822889; 235052,3822908; 

234778,3823114; 234715,3823138; 

234427,3823161; 234374,3823214; 

234298,3823472; 234147,3823601; 

233915,3823565; 233755,3823642; 

233796,3823724; 233804,3823858; 

233882,3823951; 234125,3824588; 

234206,3824685; 234342,3824947; 

234393,3825120; 234385,3825208; 

234440,3825270; 234591,3825297; 

234698,3825350; 234729,3825502; 

234789,3825611; 234859,3825997; 

234827,3826189; 234659,3826365; 

234454,3826695; 234614,3826729; 

234826,3826855; 235010,3827006; 

235118,3827131; 235119,3827330; 

235036,3827911; 235082,3827996; 

235208,3828040; 235432,3828051; 

235487,3828017; 235577,3827770; 

235625,3827765; 235725,3827817; 

235783,3827815; 235943,3827959; 

235964,3828022; 235950,3828104; 

235999,3828293; 235934,3828410; 

235816,3828518; 235853,3828550; 

236001,3828574; 236111,3828562; 

236190,3828662; 236399,3828640; 

236500,3828697; 236568,3828783; 

236692,3828825; 236817,3828826; 

236957,3828794; 237099,3828810; 

237204,3828851; 237348,3828821; 

237484,3828900; 237622,3829061; 

237662,3829062; 237770,3828960; 

237843,3828941; 237881,3828975; 

237871,3829095; 237891,3829142; 

238041,3829186; 238137,3829347; 

238282,3829440; 238267,3829680; 

238308,3829762; 238310,3829906; 

238339,3829942; 238410,3829963; 

238430,3830001; 238452,3830094; 

238499,3830156; 238520,3830301; 

238597,3830307; 238764,3830408; 

238908,3830303; 239109,3830332; 

239540,3830156; 239820,3830097; 

239988,3830132; 240198,3830138; 

240411,3830212; 240439,3830243; 

240529,3830512; 240525,3830607; 

240462,3830684; 240220,3830862; 

240034,3831068; 240049,3831110; 

240282,3831207; 240008,3831458; 

239861,3831499; 239765,3831553; 

239704,3831505; 239627,3831543; 

239575,3831705; 239611,3832096; 

239735,3832199; 239861,3832391; 

239952,3832438; 240065,3832438; 

240225,3832516; 240347,3832541; 

240476,3832763; 240723,3832920; 

240836,3833060; 240937,3833243; 

241077,3833345; 241267,3833558; 

241293,3833609; 241285,3833749; 

241327,3833813; 241559,3833911; 

241731,3833897; 241849,3833939; 

242029,3833865; 242172,3833689; 

242340,3833721; 242603,3833817; 

242702,3833818; 242874,3833678; 

242970,3833655; 243089,3833479; 

243196,3833424; 243263,3833340; 

243395,3833400; 243473,3833403; 

243509,3833380; 243562,3833233; 

243625,3833156; 243744,3833095; 

244106,3833139; 244375,3833294; 

244432,3833301; 244836,3833083; 

244947,3833000; 245139,3832953; 

245633,3832723; 245954,3832464; 

246265,3832288; 246459,3832206; 

246603,3832073; 246901,3832087; 

247075,3832003; 247264,3832004; 

247622,3832061; 247701,3832115; 

247882,3832146; 248107,3832381; 

248227,3832416; 248362,3832377; 

248691,3832174; 248834,3832167; 

248998,3832554; 249248,3832965; 

249351,3833197; 249456,3833366; 

249522,3833581; 249557,3833616; 

249673,3833656; 249932,3833622; 

250155,3833705; 250332,3833696; 

250358,3834067; 250426,3834158; 

250462,3834305; 250428,3834435; 

250458,3834745; 250520,3834837; 

250616,3834897; 250679,3835022; 

250628,3835232; 250669,3835620; 

250711,3835667; 250848,3835722; 

250902,3835771; 250969,3836076; 

250998,3836117; 251075,3836124; 

251169,3835966; 251201,3835939; 

251226,3835953; 251278,3836099; 

251351,3836170; 251381,3836254; 

251547,3836372; 251638,3836614; 


sroberts on DSKD5P82C1PROD with RULES
12954 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

251747,3836715; 251824,3836696; 

251875,3836712; 251924,3836866; 

251939,3837038; 252086,3837351; 

252110,3837364; 252314,3837278; 

252537,3837120; 252624,3837151; 

252747,3837270; 252925,3837331; 

253269,3837357; 253466,3837333; 

253634,3837280; 253781,3837297; 

254336,3837592; 254390,3837486; 

254516,3837387; and return 

254540,3837294. 

(ii) Note: Unit STB-7 for California 

red-legged frog is depicted on the map 

in paragraph (44)(ii) of this entry. 

(51) Unit VEN-1: Ventura County, 

California. From USGS 1:24,000 scale 

quadrangles Matilija, Ventura and Ojai. 

(i) Land bounded by the following 

UTM Zone 11, NAD83 coordinates 

(E,N): 292389,3808989; 

292269,3808813; 292067,3808838; 

292001,3808540; 291744,3808513; 

291660,3808360; 291309,3808445; 

291346,3808110; 291188,3807970; 

290857,3808078; 290683,3807876; 

290516,3807881; 290022,3807626; 

289938,3807423; 289743,3807351; 

289693,3807054; 289556,3806919; 

289357,3806257; 288924,3806106; 

288596,3805768; 288535,3805756; 

288169,3806170; 288139,3806566; 

288022,3806679; 287922,3806605; 

287842,3806111; 287702,3806086; 

287770,3806708; 287997,3806862; 

288226,3806724; 288210,3807181; 

288352,3807324; 288495,3807334; 

288507,3807633; 288897,3808046; 

289299,3808143; 289254,3808351; 

289400,3808575; 289665,3808668; 

289771,3808791; 290075,3808823; 

290121,3809125; 290398,3809519; 

290426,3809709; 290786,3809928; 

291436,3811102; 291817,3811326; 

291749,3811476; 291788,3811585; 

292474,3811706; 292581,3812127; 

293112,3812393; 293210,3812196; 

293840,3812153; 294048,3811973; 

294135,3811749; 293856,3811194; 

293598,3811103; 293155,3810614; 

292790,3810406; 292674,3810144; 

292894,3809713; 292746,3809412; 

292765,3809204; 292611,3808985; 

returning to 292389,3808989. 

(ii) Note: Map of Unit VEN-1 for the 

California red-legged frog follows: 

BILLING CODE 4310–55–S 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12955 


sroberts on DSKD5P82C1PROD with RULESER17MR10.025</GPH>
12956 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

(52) Unit VEN-2: Ventura and Los 

Angeles Counties, California. From 

USGS 1:24,000 scale quadrangles 

Cobblestone Mountain and Whitaker 

Peak. 

(i) Land bounded by the following 

UTM Zone 11, NAD83 coordinates 

(E,N): 339291,3827835; 

339299,3827739; 339766,3827357; 

340374,3827063; 340544,3826712; 

341072,3826348; 340944,3826090; 

340929,3825836; 341091,3825360; 

340852,3824908; 340799,3824021; 

340501,3823636; 340142,3823657; 

339877,3823482; 339839,3822849; 

339931,3822610; 340226,3822571; 

340007,3822097; 339952,3821528; 

339632,3821505; 339211,3820830; 

339197,3820598; 338832,3820187; 

338664,3820291; 338411,3820813; 

338027,3821260; 337668,3821358; 

336304,3822097; 336529,3822597; 

336713,3822708; 336854,3823475; 

335722,3824114; 335636,3824514; 

335416,3824690; 334902,3824748; 

334557,3824905; 334507,3825194; 

334331,3825218; 334164,3825391; 

334109,3825598; 333690,3825882; 

333242,3826358; 333195,3826701; 

333300,3826871; 333037,3827486; 

332830,3827662; 333176,3827981; 

333533,3828042; 335562,3827839; 

336504,3827892; 336890,3827733; 

337083,3827558; 337171,3827662; 

337429,3827646; 337638,3827729; 

337852,3827893; 338100,3827946; 

338394,3827861; 339081,3828201; 

339230,3828192; 339304,3828065; 

returning to 339291,3827835. 

(ii) Note: Map of Units VEN-2 and 

VEN-3 for the California red-legged frog 

follows: 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12957 

BILLING CODE 4310–55–C 


sroberts on DSKD5P82C1PROD with RULESER17MR10.026</GPH>
12958 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

(53) Unit VEN-3: Ventura County, 

California. From USGS 1:24,000 scale 

quadrangle Calabasas. 

(i) Land bounded by the following 

UTM Zone 11, NAD83 coordinates 

(E,N): 

341537,3788481; 341736,3788470; 

341842,3788432; 341858,3788081; 

341901,3788038; 342052,3787988; 

342080,3787895; 342176,3787747; 

342210,3787526; 342325,3787446; 

342313,3787400; 342378,3787252; 

342363,3787000; 342383,3786937; 

342492,3786911; 342545,3786875; 

342597,3786770; 342634,3786746; 

342707,3786761; 342888,3786729; 

343046,3786812; 343143,3786802; 

343161,3786758; 343130,3786655; 

343278,3786596; 343251,3786524; 

343000,3786409; 342966,3786345; 

342975,3786301; 343006,3786284; 

343296,3786247; 343305,3786222; 

343292,3786149; 343145,3786005; 

343137,3785867; 343075,3785758; 

343017,3785458; 343022,3785370; 

343124,3785088; 343244,3785168; 

343304,3785185; 343392,3785170; 

343545,3785240; 343902,3785199; 

344046,3785251; 344362,3785450; 

344562,3785482; 344787,3785460; 

345043,3785358; 345089,3785258; 

345088,3785192; 344991,3784960; 

345067,3784928; 345213,3784807; 

345208,3784726; 345176,3784657; 

345249,3784489; 345264,3784398; 

345436,3784371; 345443,3784242; 

345485,3784237; 345615,3784301; 

345599,3784303; 345716,3784275; 

345839,3784282; 345873,3784138; 

346114,3784037; 346167,3783879; 

346139,3783739; 346236,3783615; 

346099,3783517; 346152,3783412; 

346150,3783308; 346063,3783276; 

345893,3783321; 345819,3783163; 

345605,3783068; 345245,3782745; 

345220,3782695; 345104,3782702; 

344801,3782582; 344572,3782299; 

344257,3782149; 344007,3782227; 

343959,3782314; 343835,3782353; 

343698,3782181; 343356,3782138; 

342181,3782163; 342057,3782712; 

341965,3782823; 341986,3782835; 

341836,3783224; 341806,3783464; 

341772,3783516; 341641,3783607; 

341546,3783735; 341607,3783877; 

341570,3784109; 341607,3784403; 

341593,3784510; 341540,3784612; 

341531,3784885; 341515,3784912; 

341368,3784968; 341259,3785132; 

341152,3785246; 341070,3785275; 

341005,3785362; 340989,3785425; 

341057,3785526; 341057,3785566; 

340954,3785696; 340957,3785780; 

340780,3785859; 340677,3785955; 

340594,3785969; 340410,3786065; 

340264,3786081; 340188,3786114; 

340193,3786151; 340268,3786202; 

340309,3786268; 340212,3786516; 

340138,3786536; 340081,3786597; 

340083,3786637; 340162,3786710; 

340120,3786789; 339978,3786784; 

339833,3786860; 339561,3786931; 

339264,3787091; 339199,3787176; 

338893,3787232; 338790,3787269; 

338763,3787300; 338786,3787386; 

339019,3787565; 338966,3787714; 

338890,3787787; 338789,3787984; 

338806,3788053; 338960,3788068; 

339268,3788041; 339472,3788234; 

339521,3788249; 339968,3788206; 

340122,3788237; 340306,3788353; 

340467,3788246; 340497,3788252; 

340578,3788369; 340849,3788263; 

341244,3788275; 341326,3788322; 

341389,3788507; returning to 

341537,3788481. 

(ii) Note: Unit VEN-3 for California 

red-legged frog is depicted on the map 

in paragraph (52)(ii) of this entry. 

(54) Unit LOS-1: Los Angeles County, 

California. From USGS 1:24,000 scale 

quadrangles Warm Springs Mountain 

and Green Valley. 

(i) Land bounded by the following 

UTM Zone 11, NAD83 coordinates 

(E,N): 359031,3819227; 

358730,3819226; 357682,3819421; 

357694,3819619; 357819,3819717; 

357871,3819926; 358218,3820421; 

358455,3821056; 358466,3821241; 

358352,3821327; 358424,3821653; 

358610,3821669; 358704,3821902; 

358598,3822345; 358987,3823103; 

359060,3823442; 359387,3823820; 

359806,3824854; 360096,3825062; 

361616,3825686; 362356,3825881; 

363057,3825879; 363330,3825796; 

363930,3825191; 363867,3824811; 

363724,3824621; 361885,3823314; 

361706,3822967; 361437,3822679; 

361231,3822109; 360167,3820914; 

359852,3820073; 359475,3819513; 

359153,3819227; returning to 

359031,3819227. 

(ii) Note: Map of Unit LOS-1 for the 

California red-legged frog follows: 

BILLING CODE 4310–55–S 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12959 

* * * * * Dated: February 26, 2010 

Signed: Thomas L. Strickland, 

Assistant Secretary for Fish and Wildlife and 

Parks 

[FR Doc. 2010–4656 Filed 3–16–10; 8:45 am] 

BILLING CODE 4310–55–C 


sroberts on DSKD5P82C1PROD with RULESER17MR10.027</GPH>