[Federal Register Volume 65, Number 111 (Thursday, June 8, 2000)]
[Proposed Rules]
[Pages 36512-36548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14085]



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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Proposed Designation of 
Critical Habitat for the Arroyo Southwestern Toad; Proposed Rule

Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018--AG15


Endangered and Threatened Wildlife and Plants; Proposed 
Designation of Critical Habitat for the Arroyo Southwestern Toad

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose 
designation of critical habitat for the arroyo southwestern toad (Bufo 
microscaphus californicus) pursuant to the Endangered Species Act of 
1973, as amended (Act). A total of approximately 193,600 hectares 
(478,400 acres) fall within the boundaries of the proposed critical 
habitat designation. Proposed critical habitat is located in Monterey, 
San Luis Obispo, Santa Barbara, Ventura, Los Angeles, San Bernardino, 
Riverside, Orange, and San Diego Counties, California. If this proposed 
rule is made final, section 7 of the Act would prohibit destruction or 
adverse modification of critical habitat by any activity funded, 
authorized, or carried out by any Federal agency.
    Section 4 of the Act requires us to consider economic and other 
relevant impacts of specifying any particular area as critical habitat. 
We solicit data and comments from the public on all aspects of this 
proposal, including data on the economic and other impacts of 
designation and our approaches for handling habitat conservation plans 
(HCPs). We may revise this proposal to incorporate or address new 
information received during the comment period.

DATES: We will accept comments from all interested parties until August 
7, 2000. Two public hearings have been scheduled for June 27, 2000, and 
June 29, 2000, see locations below.

ADDRESSES:
    1. Comments: If you wish to comment, you may submit your comments 
and materials concerning this proposal by any one of several methods.
    a. You may submit written comments and information to the Field 
Supervisor, U.S. Fish and Wildlife Service, Ventura Fish and Wildlife 
Office, 2394 Portola Road, Suite B, Ventura, California 93003.
    b. You may hand-deliver written comments to our Ventura Office, at 
the address given above.
    c. You may send comments by electronic mail (e-mail) to 
<a href="/cdn-cgi/l/email-protection#6e08195f0f1c1a010d062e08191d40090118"><span class="__cf_email__" data-cfemail="107667217162647f7378507667633e777f66">[email protected]</span></a>. Please submit these comments as an ASCII file and 
avoid the use of special characters and any form of encryption. Please 
also include ``Attn: [RIN number]'' and your name and return address in 
your e-mail message. If you do not receive a confirmation from the 
system that we have received your e-mail message, contact us directly 
by calling our Ventura Office at phone number 805/644-1766.
    2. Public hearings: Two public hearings are scheduled. Both public 
hearings will be held from 1:00 p.m. to 3:00 p.m. and 6:00 p.m. to 8:00 
p.m. Public hearing dates and locations are:
    a. Tuesday, June 27, 2000, at the Hyatt Valencia, 24500 Town Center 
Drive, Valencia, California.
    b. Thursday, June 29, 2000, at the Temecula Embassy Suites, 29345 
Rancho California Road, Temecula, California.
    3. Review of data: Comments and materials received, as well as 
supporting documentation used in the preparation of this proposed rule, 
will be available for public inspection, by appointment, during normal 
business hours at the Ventura Fish and Wildlife Office, 2394 Portola 
Road, Suite B, Ventura, California, or at the Carlsbad Fish and 
Wildlife Office, 2730 Loker Avenue West, Carlsbad, California 
(telephone 760/431-9440).

FOR FURTHER INFORMATION CONTACT: Field Supervisor, Ventura Fish and 
Wildlife Office, at the above address (telephone 805/644-1766; 
facsimile 805/644-3958). For information about Los Angeles and San 
Bernardino Counties, and Riverside, Orange, and San Diego Counties, 
contact the Field Supervisor, Carlsbad Fish and Wildlife Office, 2730 
Loker Avenue West, Carlsbad, California 92008 (telephone 760/431-9440; 
facsimile 760/431-9624).

SUPPLEMENTARY INFORMATION:

Background

    The following discussion is adapted from the final recovery plan 
for the arroyo toad (Service 1999), which contains additional details 
and is available from the addresses above. The arroyo southwestern toad 
(Bufo microscaphus californicus) is one of three members of the 
southwestern toad (B. microscaphus) complex, in the family of true 
toads, Bufonidae. The taxonomy of the complex has been examined 
recently by Gergus (1998). Based on his genetic studies, the arroyo 
toad should be considered a separate species, Bufo microscaphus 
californicus.
    The arroyo toad is a small (adults: snout-urostyle (body) length 55 
to 82 millimeters (mm) (2.2 to 3.2 inches (in.)), dark-spotted toad of 
the family Bufonidae, with females larger than males. Adult arroyo 
toads have a light-olive green or gray to tan dorsum (back) with dark 
spots and warty skin. The venter (underside) is white or buff and 
without dark blotches or spots. A light-colored, V-shaped stripe 
crosses the head and eyelids, and the anterior portion of the oval 
parotoid glands (just behind the eyes) are pale. There is usually a 
light area on each side of the sacral (pelvic) hump and in the middle 
of the back. The arroyo toad generally does not have a middorsal 
stripe, but if one is present, it extends only partway along the back.
    The arroyo toad is found in coastal and desert drainages from 
Monterey County, California, south into northwestern Baja California, 
Mexico. These systems are inherently quite dynamic, with marked 
seasonal and annual fluctuations in climatic regimes, particularly 
rainfall. Natural climatic variations as well as other random events, 
such as fires and floods, coupled with the species' specialized habitat 
requirements, lead to annual fluctuations in arroyo toad populations. 
Human alterations of habitat can have unpredictable effects on arroyo 
toad populations. As a result of agriculture and urbanization, and the 
construction, operation, and maintenance of water storage reservoirs, 
flood control structures, roads, and recreational facilities such as 
campgrounds and off-highway vehicle parks, many arroyo toad populations 
have been reduced in size or extirpated (eliminated) due to extensive 
habitat loss from the 1920s into the 1990s. The loss of habitat, 
coupled with habitat modifications due to the manipulation of water 
levels in many central and southern California streams and rivers, as 
well as predation from introduced aquatic species, and habitat 
degradation from introduced plant species, caused arroyo toads to be 
extirpated from about 75 percent of the previously occupied habitat in 
California (Jennings and Hayes 1994).
    Because relatively little was known about this animal, and it was 
often confused with the California toad (Bufo boreas halophilus), which 
is very common in the same region, detailed studies of the natural 
history of the arroyo toad were not conducted until the 1980s and 
1990s. The arroyo toad exhibits breeding habitat specialization that 
favors shallow pools and open sand and gravel channels along low-
gradient reaches of medium to large-sized streams (Service 1999). These 
streams can have either intermittent or perennial streamflow and 
typically experience

[[Page 36513]]

periodic flooding that scours vegetation and replenishes fine 
sediments. In at least some portions of its range, the species also 
breeds in smaller streams and canyons where low-gradient breeding sites 
are more sporadically distributed. Populations in smaller drainages are 
likely to be much smaller and at greater risk of extirpation than those 
on larger streams and in larger habitat patches (Service 1999).
    Arroyo toads also require and spend most of their adult life in 
upland habitats. Individual toads have been observed as far as 2 
kilometers (km) (1.2 miles (mi)) from the streams where they breed, but 
are most commonly found within 0.5 km (0.3 mi) of those streams 
(Service 1999; Griffin et al. 1999; Dan C. Holland, Camp Pendleton 
Amphibian and Reptile Survey, Fallbrook, California, unpublished data). 
Arroyo toads typically burrow underground during periods of inactivity 
and thus tend to utilize upland habitats that have sandy, friable 
(readily crumbled) soils. Although the upland habitat use patterns of 
this species are poorly understood, activity probably is concentrated 
in the alluvial flats (areas created when sediments from the stream are 
deposited) and sandy terraces found in valley bottoms (Service 1999; 
Griffin et al. 1999; Ramirez 2000; D.C. Holland, unpubl. data).

Habitat Characteristics and Ecological Considerations

    Arroyo toads have specialized requirements for breeding habitats. 
Specifically, they require shallow, slow-moving streams, and riparian 
(areas near a source of water) habitats that are disturbed naturally on 
a regular basis, primarily by flooding. Periodic flooding helps 
maintain areas of open, nonvegetated sandy stream channels and 
terraces. Throughout their range, arroyo toads are found in foothill 
canyons and intermountain valleys where medium- to large-sized streams 
and rivers are bordered closely by low hills, riverbed gradients are 
low, and the surface stream flows frequently pool or are intermittent 
for at least a few months of the year. South of the Santa Clara River, 
Los Angeles County, they also occur on a few desert slopes and on the 
coastal plain.
    For breeding, adult arroyo toads use open sites such as overflow 
pools, old flood channels, and pools on streams of first to sixth 
order. Rivers and streams are classified by order. The order refers to 
how many branches or tributaries a stream has. The smallest unbranched 
tributary in a watershed is considered an order of one. A channel 
formed by the confluence of two such tributaries is designated an order 
of two. In general, the higher the order number, the larger the 
watershed, and the greater the channel dimensions. Such habitats rarely 
have closed canopies over the lower banks of the stream channel due to 
regular flood events. Heavily shaded pools are generally unsuitable for 
larval and juvenile arroyo toads because of lower water and soil 
temperatures and poor algal mat development. Episodic (temporary) 
flooding is critical to keep the low stream terraces relatively 
vegetation-free and the soils friable enough for juvenile and adult 
toads to create burrows. Pools less than 30 centimeters (cm) (12 in.) 
deep with clear water, flow rates less than 5 cm per second (0.2 foot 
(ft) per second), and bottoms composed of sand or well-sorted fine 
gravel are favored by adults for breeding.
    Areas that are used by juveniles consist primarily of sand or fine 
gravel bars with varying amounts of large gravel or cobble with 
adjacent stable sandy terraces and streamside flats. Areas that are 
damp and have less than 10 percent vegetation cover provide the best 
conditions for juvenile survival and rapid growth (Service 1999).
    The adjacent sandy terraces, which are used by subadults and adults 
for foraging and burrowing, may be sparsely to heavily vegetated with 
brush and trees such as mulefat (Baccharis spp.), California sycamore 
(Platanus racemosa), cottonwoods (Populus spp.), coast live oak 
(Quercus agrifolia), and willow (Salix spp.). The understory of stream 
terraces may consist of scattered short grasses, herbs, and leaf 
litter, with patches of bare or disturbed soil, or have no vegetation 
at all. Substantial areas of fine sand, into which adult toads burrow, 
must be present, but can be interspersed with gravel or cobble 
deposits.
    Upland habitats used by arroyo toads during the nonbreeding season 
include alluvial scrub, coastal sage scrub, chaparral (shrubby plants 
adapted to dry summers and moist winters), grassland, and oak woodland. 
When foraging, subadult and adult arroyo toads often are found around 
the driplines of oak trees. These areas often lack vegetation, yet have 
appropriate levels of prey. When active at night, toads often can be 
observed near ant trails feeding on passing ants, beetles, and other 
prey.
    Males call from the streams during the breeding period, which is 
generally from February to early July, although it can be extended in 
some years, depending on weather conditions. Males may remain at or 
near the breeding pools for several weeks and are particularly 
susceptible to predation at this time. Females apparently move to the 
breeding pools in the streams for only short time periods, in order to 
soak in the water and to breed (Griffin et al. 1999; Nancy Sandburg, 
Santa Barbara, California, pers. comm. 1999). Amplexus (mating embrace 
of the female by the male) and egg-laying generally occur at the site 
where the male was calling. Female arroyo toads apparently release 
their entire clutch of 2,000 to 10,000 eggs as a single breeding effort 
and probably are unable to produce a second clutch during the mating 
season. If conditions are unsuitable, females may not obtain sufficient 
food for egg production and will forgo breeding during that year. The 
eggs are laid on substrates of sand, gravel, cobble, or mud generally 
located away from vegetation in the shallow margins of the pool. High 
water flows will wash the eggs out of the pools, breaking up the egg 
strands and killing the developing embryos. Silt eroding into the 
streams from road crossings, adjacent roads, overgrazing, or mining 
activities can cover and suffocate the eggs.
    Embryos usually hatch in 4 to 6 days at water temperatures of 12 to 
16 degrees Celsius (54 to 59 degrees Fahrenheit). Larvae may take 8 to 
14 days to become free-swimming, depending on the water temperature. 
They are particularly susceptible to the effects of high water flows 
during this time period, and heavy rains or untimely releases of water 
from dams can kill thousands of tadpoles very quickly. The larval 
period for arroyo toads lasts about 65 to 85 days, depending on water 
temperatures. Metamorphosis may occur at any time between April and the 
beginning of September, depending on the time of breeding, weather, and 
water quality. Peak metamorphosis occurs from the end of June to mid-
July in the northern part of the toad's range and from late April to 
mid-May in southern California. For several days before metamorphosis, 
arroyo toad larvae cease feeding and aggregate in shallow water along 
the edges of gravel or sand bars, often under or along stranded algal 
mats. The metamorphosing and newly metamorphosed toads are extremely 
susceptible to predation, habitat disturbance, and activities in the 
streams during this period, as they cannot escape (Service 1999).
    Juvenile arroyo toads remain in the saturated substrate at the 
edges of breeding pools for 1 to 3 weeks. They are active during the 
day and often exposed on the barren sand because they are too small to 
burrow into the

[[Page 36514]]

substrate. During this period, many toads are lost due to predation 
unless they can find some cover, such as cobble, algal mats, or pieces 
of debris, under which to hide. As the toads mature, they move further 
from the pools onto sand and gravel bars. Crushing of toads by humans 
and livestock can be a substantial source of mortality at this stage 
(Service 1999).
    As the toads grow, they begin to dig shallow burrows in fine sand, 
and switch to a night-time activity pattern, when they forage for ants 
and beetles. Suitable sandy habitat can be highly localized resulting 
in dense concentrations of juvenile toads. If the substrate is not 
friable enough, juvenile toads often disperse farther away from the 
breeding pool into nearby stands of willows and mulefat. Most toads 
will move into willows or other vegetation as they grow, and as the 
stream dries naturally. Removal of native vegetation, in addition to 
increasing erosion into the streams, can leave small toads at risk of 
dehydration and death.
    Male arroyo toads usually reach adulthood in 2 years. Females 
become sexually mature in 2 to 3 years, when they attain lengths 
greater than 54 mm (2.1 in.). However, males may reach adulthood at 1 
year if conditions are favorable. We have little data on lifespan; 
based on age-size distributions, many individuals live only about 5 
years. Longevity may vary with local conditions. Recapture rates of 
marked individuals from one breeding season to the next range from 15 
to 50 percent.
    Little is known of the seasonal and annual movements or 
physiological ecology of adults, but data suggest that many subadults 
and some adult males move along streams as much as 0.8 km (0.5 mi) and 
over 1.0 km (0.6 mi) in a few cases during a single breeding season 
(Griffin et al. 1999; Ramirez 2000). Dispersal movements may be over 8 
km (5 mi) (U.S. Forest Service (Forest Service) 1999). Amount of 
rainfall, availability of surface water, width of streamside terraces 
and floodplains, vegetative cover, and topography can all influence the 
habitat available to arroyo toads and the distances they will move from 
the streambed (Griffin et al. 1999; Ramirez 2000). In San Diego County, 
Griffin et al. (1999) found that the female adult arroyo toads they 
radiotracked moved an average maximum distance of 135 meters (m) (443 
feet (ft)) and a maximum of more than 300 m (984 ft) perpendicularly 
from streams, while males moved an average maximum of 73 m (240 ft) 
from the streams. Males along a coastal stream with a broad floodplain 
moved an average maximum of 92 m (302 ft) from the streams, while those 
in a narrower canyon moved only 23 m (75 ft) from the streambed 
(Griffin et al. 1999). Ramirez (2000) recorded a maximum distance from 
the stream of 37 m (121 ft) in one desert slope stream with a very 
narrow floodplain, and 145 m (476 ft) in another desert slope system 
with a broader floodplain. Extended movement away from streams may be 
facilitated by microclimates wherein lower temperatures and high 
humidity on foggy days in the spring and summer create moist substrates 
in upland habitats where adult arroyo toads can survive (Service 1999). 
We do not have enough data to accurately characterize overwintering 
activities and habitat use in all of the systems that arroyo toads 
inhabit.
    Several land use activities may affect the hydrology of arroyo toad 
stream habitats and destroy or severely modify the dynamic nature of 
the riparian systems upon which arroyo toads depend for reproduction, 
development, and survival. Arroyo toad breeding habitat is created and 
maintained by the fluctuating hydrological, geological, and ecological 
processes operating in riparian ecosystems and the adjacent uplands. 
These riparian/wash habitats as well as adjacent upland habitats are 
essential for this species' survival. Periodic flooding that modifies 
stream channels, redistributes channel sediments and alters pool 
location and form, coupled with upper terrace stabilization by 
vegetation, is required to keep a stream segment suitable for all life 
stages of the arroyo toad. Human activities that affect water quality, 
influence the amount and timing of nonflood flows or frequency and 
intensity of floods, affect riparian plant communities, or alter 
sedimentation dynamics can reduce or eliminate the suitability of 
stream channels for arroyo toad breeding habitat. Degradation or loss 
of surrounding riparian and upland habitats reduces and eliminates 
foraging and overwintering habitat. The introduction of nonnative plant 
and animal species can reduce the quality of all habitats used by 
arroyo toads, lead to detrimental levels of competition and predation, 
or reduce the availability of toad food. Run-off from roads can 
decrease habitat quality for arroyo toads, and roads provide access for 
humans, domestic animals, and invasive species that can lead to 
additional habitat degradation.
    The effects of such activities and factors may not become apparent 
until many years later when the habitat finally becomes sufficiently 
degraded that arroyo toads can no longer reproduce and survive. 
Combined with the normal climatic fluctuations in the arroyo toad's 
range, which can include consecutive years of extremely high or low 
rainfall, human impacts can cause temporary or permanent extirpations 
of toads from some areas. Human activities that may cause adverse 
impacts to arroyo toads include urbanization and agriculture within and 
adjacent to riparian habitats, the use of pesticides and herbicides 
within or adjacent to arroyo toad habitat, dam building and the 
resulting reservoirs, water flow manipulations, sand and gravel mining, 
suction dredge mining, road placement across and within stream 
terraces, livestock grazing, off-highway vehicle use of roads and 
stream channels, the placement of campgrounds and other recreational 
facilities in arroyo toad habitat (especially on stream terraces), and 
the use of stream channels and terraces for recreational activities.

Previous Federal Actions

    We first included the arroyo southwestern toad as a Category 2 
candidate species in the September 18, 1985, Notice of Review of 
Candidate Species (50 FR 37958). It was included under the same 
category in subsequent notices on January 6, 1989 (54 FR 554), and 
November 21, 1991 (56 FR 58804). We were petitioned to list the arroyo 
toad under the Endangered Species Act (Act) of 1973, as amended (16 
U.S.C. 1531 et seq.), on December 30, 1992, and we published a proposed 
rule on August 3, 1993 (58 FR 41231). The arroyo toad was listed as 
endangered on December 16, 1994 (59 FR 64859). The designation of 
critical habitat was determined to be not prudent due to threats of 
vandalism and collection. A draft recovery plan for the arroyo 
southwestern toad was made available for public comment on May 6, 1998 
(63 FR 25062), and we published the final recovery plan in September 
1999.
    At the time of listing, we concluded that designation of critical 
habitat for the arroyo toad was not prudent because such designation 
would not benefit the species. We were concerned that critical habitat 
designation would likely increase the degree of threat from vandalism, 
collection, or other human-induced impacts. We were aware of at least 
one instance of the apparent collection of a group of breeding males 
that had occurred during the listing process, following the publication 
of information regarding an ongoing scientific study. During the 
development of the final recovery plan, concern was raised about 
collecting activities on some public lands (Service 1999). However, we 
have determined that instances of vandalism have not

[[Page 36515]]

increased since the listing of the arroyo toad, and the threats to this 
species and its habitat from specific instances of collection and 
habitat destruction do not outweigh the broader educational, potential 
regulatory, and other possible benefits that designation of critical 
habitat would provide for this species. A designation of critical 
habitat can provide educational benefits by formally identifying those 
areas essential to the conservation of the species. These areas are 
also identified in the recovery plans as the focus of our recovery 
efforts for the arroyo toad.
    On March 4, 1999, the Southwest Center for Biological Diversity, 
the Center for Biological Diversity, and Christians Caring for Creation 
filed a lawsuit in the Northern District of California against the U.S. 
Fish and Wildlife Service and Bruce Babbitt, Secretary of the 
Department of the Interior (Secretary), for failure to designate 
critical habitat for seven species: the Alameda whipsnake (Masticophis 
lateralis euryxanthus), the Zayante band-winged grasshopper 
(Trimerotropis infantilis), the Morro shoulderband snail 
(Helminthoglypta walkeriana), the arroyo southwestern toad (Bufo 
microscaphus californicus), the San Bernardino kangaroo rat (Dipodomys 
merriami parvus), the spectacled eider (Somateria fischeri), and the 
Steller's eider (Polysticta stelleri) (Southwest Center for Biological 
Diversity v. U.S. Fish and Wildlife, CIV 99-1003 MMC). On November 5, 
1999, William Alsup, U.S. District Judge, dismissed the plaintiffs' 
lawsuit pursuant to a settlement agreement entered into by the parties. 
Publication of this proposed rule is consistent with that settlement 
agreement.
    Absent the settlement agreement, the processing of this proposed 
rule does not conform with our current Listing Priority Guidance 
published in the Federal Register on October 22, 1999 (64 FR 57114). 
The guidance clarifies the order in which we will process rulemakings. 
Highest priority is processing emergency listing rules for any species 
determined to face a significant and imminent risk to its well-being 
(Priority 1). Second priority (Priority 2) is processing final 
determinations on proposed additions to the lists of endangered and 
threatened wildlife and plants. Third priority is processing new 
proposals to add species to the lists. The processing of administrative 
petition findings (petitions filed under section 4 of the Act) is the 
fourth priority. We are processing this proposed rule in compliance 
with the above-mentioned settlement agreement.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as--(i) the 
specific areas within the geographic area occupied by a species, at the 
time it is listed in accordance with the Act, on which are found those 
physical or biological features (I) essential to the conservation of 
the species and (II) that may require special management consideration 
or protection and; (ii) specific areas outside the geographic area 
occupied by a species at the time it is listed, upon determination that 
such areas are essential for the conservation of the species. 
``Conservation'' means the use of all methods and procedures that are 
necessary to bring an endangered species or a threatened species to the 
point at which listing under the Act is no longer necessary.
    Section 4(b)(2) of the Act requires that we base critical habitat 
proposals upon the best scientific and commercial data available, after 
taking into consideration the economic impact, and any other relevant 
impact, of specifying any particular area as critical habitat. We may 
exclude areas from critical habitat designation when the benefits of 
exclusion outweigh the benefits of including the areas within critical 
habitat, provided the exclusion will not result in extinction of the 
species (section 4(b)(2) of the Act).
    Designation of critical habitat can help focus conservation 
activities for a listed species by identifying areas that contain the 
physical and biological features that are essential for conservation of 
that species. Designation of critical habitat alerts the public as well 
as land-managing agencies to the importance of these areas.
    Critical habitat also identifies areas that may require special 
management considerations or protection, and may provide protection to 
areas where significant threats to the species have been identified. 
Critical habitat receives protection from destruction or adverse 
modification through required consultation under section 7 of the Act 
with regard to actions carried out, funded, or authorized by a Federal 
agency. Section 7 also requires conferences on Federal actions that are 
likely to result in the adverse modification or destruction of proposed 
critical habitat. Aside from the protection that may be provided under 
section 7, the Act does not provide other forms of protection to lands 
designated as critical habitat.
    Section 7(a)(2) of the Act requires Federal agencies to consult 
with us to ensure that any action they authorize, fund, or carry out is 
not likely to jeopardize the continued existence of a threatened or 
endangered species, or result in the destruction or adverse 
modification of critical habitat. In 50 CFR 402.02, ``jeopardize the 
continued existence'' (of a species) is defined as engaging in an 
activity likely to result in an appreciable reduction in the likelihood 
of survival and recovery of a listed species. ``Destruction or adverse 
modification'' (of critical habitat) is defined as a direct or indirect 
alteration that appreciably diminishes the value of critical habitat 
for the survival and recovery of the listed species for which critical 
habitat was designated. Thus, the definitions of ``jeopardy'' to the 
species and ``adverse modification'' of critical habitat are nearly 
identical.
    Designating critical habitat does not, in itself, lead to recovery 
of a listed species. Designation does not create a management plan, 
establish numerical population goals, prescribe specific management 
actions (inside or outside of critical habitat), or directly affect 
areas not designated as critical habitat. Specific management 
recommendations for areas designated as critical habitat are most 
appropriately addressed in recovery, conservation and management plans, 
and through section 7 consultations and section 10 permits.
    This critical habitat designation identifies specific units that 
are essential to the conservation of a listed species and that may 
require special management considerations or protection. All of the 
proposed critical habitat areas are considered essential to the 
conservation of the arroyo toad as described in the final recovery 
plan. The proposed critical habitat units contain a mosaic of habitats 
that provide breeding, foraging, sheltering, and living spaces for 
arroyo toads, as well as migration and dispersal corridors. Each 
critical habitat unit currently may not contain all of the primary 
constituent elements, but could develop them in the future. Some of the 
habitat in the proposed units could be improved through habitat 
rehabilitation or improved management (e.g., removal of nonnative 
species or restoration of more natural streamflow regimes).

Methods

    In determining areas that are essential to conserve the arroyo 
toad, we used the best scientific and commercial data available. We 
have reviewed the overall approach to the conservation of the arroyo 
toad undertaken by the local, state, Tribal, and Federal agencies 
operating within the species' range since its listing in 1994, and the 
identified steps necessary for recovery

[[Page 36516]]

outlined in the final Recovery Plan for the Arroyo Southwestern Toad 
(Service 1999).
    We have also reviewed available information that pertains to the 
habitat requirements of this species, including material received since 
completion of the recovery plan. This material included data in 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; 
regional Geographic Information System (GIS) coverages; habitat 
evaluation models developed for and data submitted by the Los Padres, 
Angeles, San Bernardino, and Cleveland National Forests; habitat 
evaluation models for the San Diego County Multiple Species 
Conservation Program (MSCP), the North San Diego County Multiple 
Habitat Conservation Program (MHCP), and the North County Subarea of 
the MSCP for Unincorporated San Diego County; and a habitat capability 
model developed by Barto (1999) for San Diego County.
    The areas we are proposing to designate as critical habitat 
currently provide some or all of those habitat components essential for 
the primary biological needs of the arroyo toad as defined by the 
primary constituent elements. Additionally, section 4(b)(2) of the Act 
requires us to designate critical habitat on the basis of the best 
scientific and commercial information available, and to consider the 
economic and other relevant impacts of designating a particular area as 
critical habitat. We may exclude areas from critical habitat upon a 
determination that the benefits of such exclusions outweigh the 
benefits of specifying such areas as critical habitat.

Relationship to Mexico

    We are not aware of any existing national level regulatory 
mechanism in Mexico that would protect the arroyo toad or its habitat, 
although new legislation for wildlife is pending in Mexico and Mexico 
has laws that could provide protection for rare species, there are 
enforcement challenges. If specific protections were available and 
enforceable in Mexico, for this species the portion of the range in 
Mexico alone, in isolation, would not be adequate to ensure the long-
term conservation of this species.

Primary Constituent Elements

    In accordance with section 3(5)(A)(i) of the Act, and regulations 
at 50 CFR 424.12, in determining which areas to propose as critical 
habitat, we are required to base critical habitat determinations on the 
best scientific and commercial data available and to consider those 
physical and biological features (primary constituent elements) that 
are essential to the conservation of the species, and that may require 
special management considerations and protection. These include, but 
are not limited to, space for individual and population growth and for 
normal behavior; food, water, air, light, minerals, or other 
nutritional or physiological requirements; cover or shelter; sites for 
breeding, reproduction, rearing (or development) of offspring; and 
habitats that are protected from disturbance or are representative of 
the historic geographical and ecological distributions of a species.
    Due to the complex life history and dispersal capabilities of the 
toads, and the dynamic nature of the environment in which they are 
found, all of the primary constituent elements may not be found in or 
adjacent to every stream reach and associated upland habitats proposed 
for critical habitat. It is important to provide for dispersal and 
migration corridors, as well as allowing room for expansion of the 
populations. Habitat rehabilitation efforts, as well as changes in 
current management activities, may be necessary in some areas in order 
to attain an optimal distribution of the primary constituent elements 
in each critical habitat unit.
    The primary constituent elements of critical habitat for the arroyo 
toad include rivers and streams with a hydrologic regime that supplies 
sufficient flowing water of suitable quality at the appropriate times 
to provide space, food, and cover needed to sustain eggs, tadpoles, 
metamorphosing juveniles, and adult breeding toads; low-gradient stream 
segments (typically less than 4 percent) with sandy or fine gravel 
substrates which support the formation of shallow pools and sparsely 
vegetated sand and gravel bars for breeding and rearing of tadpoles and 
juveniles; a natural flooding regime or one sufficiently corresponding 
to a natural regime that will periodically scour riparian vegetation, 
rework stream channels and terraces, and redistribute sands and 
sediments, such that adequate numbers and sizes of breeding pools and 
sufficient terrace habitats with appropriate vegetation are maintained 
to provide for the needs of all life stages of the toad; upland 
habitats of sufficient width and quality (i.e., with areas of loose, 
sandy soil where toads can burrow underground) to provide foraging and 
living areas for subadult and adult arroyo toads (loose, sandy soils 
are typically most prevalent on alluvial terraces and valley 
bottomlands and occur primarily, but not exclusively, within 1.5 km 
(0.9 mi) of the streamcourse and less than 25 m (80 ft) in elevation 
above the adjacent stream channel); few or no nonnative species that 
prey upon or compete with arroyo toads, or degrade their habitat; 
stream channels and upland habitats where manmade barriers do not 
completely or substantially impede migration to overwintering sites, 
dispersal between populations, or recolonization of areas that contain 
suitable habitat; and undisturbed habitats. Primary constituent 
elements, or components thereof, are found in all of the areas proposed 
for critical habitat.
    Arroyo toads are not distributed uniformly throughout the critical 
habitat units. Arroyo toad breeding habitat is patchily distributed 
along the stream courses, and the same may be true of appropriate 
upland habitat. Some areas are suitable only for migration and 
dispersal between breeding and foraging habitats or to additional 
breeding pools that will accommodate expanding populations. The areas 
within the proposed units contain some or all of the primary 
constituent elements. Areas within the proposed critical habitat that 
may not have toads present at a given point in time may be capable of 
supporting the constituent elements because habitat conditions can 
change rapidly in response to flows and other factors, such as the 
development and shifting of sand and gravel bars, and creation and 
disappearance of pools. Terrace and upland habitat characteristics and 
suitability are dynamic and may change as a result of rainfall, 
earthquakes, fires, and other natural events.

Criteria Used To Identify Critical Habitat

    The final recovery plan (Service 1999) for the arroyo toad 
identified the specific recovery needs of the species and serves as a 
starting point for identifying areas essential to the conservation of 
the toad. Those drainage basins identified in the final recovery plan 
as areas that should be maintained or rehabilitated in order to achieve 
arroyo toad recovery are generally reflected in this proposed critical 
habitat designation. The designation of critical habitat is one of 
several tools available for implementing the recovery strategy for the 
toad.
    The recovery strategy for the arroyo toad focuses on providing 
sufficient breeding and upland habitat to maintain self-sustaining 
populations of arroyo toads throughout the historic range of

[[Page 36517]]

the species in California, and minimizing or eliminating impacts and 
threats to arroyo toad populations. Self-sustaining populations are 
those documented as having successful recruitment (i.e., inclusion of 
newly matured individuals into the breeding population) equal to 20 
percent or more of the average number of breeding adults in 7 of 10 
years of average to above average rainfall amounts with normal rainfall 
patterns. The level of recruitment is based on the currently available 
information, which indicates that arroyo toads may live for only about 
5 years, and that losses of overwintering adults can be high. Having 20 
percent or greater recruitment in 7 of 10 good rainfall years should 
provide a sufficient population base to maintain the population through 
adverse conditions such as during drought years or high flow years, or 
following fires.
    Self-sustaining populations should require little or no direct 
human assistance such as captive breeding or rearing, or translocation 
of arroyo toads between sites. Protection and management of areas on a 
watershed basis is the most effective means of achieving such 
distributions of habitat. Areas should be large enough to allow a 
dynamic spatial and temporal distribution of suitable breeding, 
foraging, dispersal, and migration habitats in the event of random 
natural or human-related events such as fires, floods, and droughts.
    Arroyo toads survive in areas that are ecologically and 
geographically distinct from one another, and the threats in those 
areas differ. To better address the recovery needs of the arroyo toad 
in each of these areas, we identified three recovery units, the 
Northern, Southern, and Desert, that reflect the ecological and 
geographic separations, and cover the known and historic range of the 
species. We are proposing some critical habitat in each of the recovery 
units to identify for the public and land managers those distinct 
ecological environments in which the toad is found that are essential 
to its recovery, and to enable land managers to make management 
decisions that may help stabilize and expand the populations in these 
units to preserve the species' full genetic diversity. The recovery 
units as identified in the final recovery plan are provided for 
reference in Table 1.

              TABLE 1. Recovery Units for the Arroyo Toad.
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Northern Unit:
     San Antonio River, Monterey County
    Sisquoc River and tributaries, Santa Barbara County
     Upper Santa Ynez River Basin (Indian, Mono, Agua Caliente), Santa
     Barbara County
     Sespe Creek., Ventura County
     Piru Creek (Upper and Lower), Ventura and Los Angeles counties
     Upper Santa Clara River Basin, Los Angeles County
     Upper Los Angeles Basin: (Big Tujunga, tributaries, Arroyo Seco),
     Los Angeles County
Southern Unit:
     Santiago Creek, Orange County
     San Jacinto and Bautista Creek, Riverside County
     San Juan basin and Trabuco Creeks, Orange and Riverside counties
     San Mateo and San Onofre Creek Basins, San Diego and Orange
     counties
     Lower Santa Margarita basin (De Luz, Roblar, and Sandia Creeks),
     San Diego County
     Upper Santa Margarita Basin (Temecula Creek, Arroyo Seco),
     Riverside and San Diego Counties
     Lower and Middle San Luis Rey Basin (below Lake Henshaw), San Diego
     County
     Upper San Luis Rey basin (above Lake Henshaw), San Diego County
     Santa Ysabel Creek, San Diego County
     San Diego basin (including San Vicente Creek), San Diego County
     Sweetwater River Basin (including Viejas, Peterson Creeks), San
     Diego County
     Cottonwood Creek Basin, San Diego County
 Desert Recovery Unit:
     Little Rock Creek, Los Angeles County
     Upper Mojave River Basin (Mojave, Deep, Horsethief, Little
     Horsethief), San Bernardino County
     Whitewater River Basin, Riverside County.
------------------------------------------------------------------------

    In an effort to map areas essential to the conservation of the 
species, we used data on known arroyo toad locations, focusing 
specifically on those areas identified in the recovery plan as 
essential for the stabilization and reclassification of the species. We 
then used spatial data on stream gradient to better determine the 
extent of suitable breeding habitat in these areas. Stream segments 
containing suitable stream gradient are often patchily distributed and 
interspersed with higher gradient segments. These interspersed high-
gradient segments were included in the mapped essential stream reaches 
because of their proximity to suitable breeding habitat and their 
importance in facilitating movement between breeding sites.
    GIS-based modeling was then used to identify upland areas within a 
25-m (80-ft) elevation range of each essential stream reach and no more 
than 1.5 km (0.9 mi) away from the stream. This technique was effective 
at capturing alluvial areas associated with river valleys without 
extending appreciably up the adjacent hillsides. Thus, the width of the 
upland component of critical habitat varies based on topography. The 
habitat is wide in broad alluvial valleys and narrow in places where 
streams run through constricted canyons or between surrounding hills.
    To provide a legal description of the proposed critical habitat 
units, a 1-km\2\ (0.62 mi\2\) Universal Transverse Mercator (UTM) grid 
was overlaid on each essential stream reach and its surrounding upland 
habitat area (as defined by the GIS-based modeling described above). 
The proposed critical habitat units represent all 1-km\2\ (0.62 mi\2\) 
UTM grid squares that contain portions of an essential stream segment 
or upland habitat area. Defining critical habitat unit boundaries at a 
1-km\2\ (0.62 mi\2\) scale resolution does result in the inclusion of 
some areas that potentially lack the primary constituent elements 
necessary for arroyo toads.
    To identify proposed critical habitat units, we first examined 
those lands under Federal jurisdiction. Those lands include areas 
managed by the Department of Defense (DOD), the U.S. Forest Service 
(USFS), the Bureau of Land Management (BLM), the Army Corps of 
Engineers (Army Corps), and the U.S. Fish and Wildlife Service 
(Service). We also considered the existing status of non-Federal and 
private lands in designating areas as critical habitat. Section 
10(a)(1)(B) of the Act authorizes us to issue permits for the take of 
listed species incidental to otherwise lawful activities. An incidental 
take permit application must be supported by a habitat conservation 
plan (HCP) that identifies conservation measures that the permittee 
agrees to implement for the species to minimize and mitigate the 
impacts of the requested incidental take. Non-Federal and private lands 
that are covered by an existing operative HCP and executed 
implementation agreement (IA) for arroyo toads under section 
10(a)(1)(B) of the Act receive special management and protection under 
the terms of the HCP/IA and are therefore not being proposed for 
inclusion in critical habitat as discussed in section 3(5) of the Act.
    We considered, and are proposing, portions of the Pala, Rincon, 
Capitan Grande, Sycuan, Viejas, La Posta, and Soboba Indian 
Reservations because we believe that riparian and adjoining upland 
areas on Tribal lands may be essential to the continued existence of 
arroyo toads. However, the short

[[Page 36518]]

amount of time allowed under the settlement agreement approved by the 
court to propose critical habitat precluded us from adequately 
coordinating with the respective Tribes. Subsequent to this proposal, 
we will coordinate with the Tribes before making a final determination 
as to whether any Tribal lands should be included as critical habitat 
for the arroyo toad. We will consider whether these Tribal lands 
require special management considerations or protection; we may also 
exclude some or all of these lands from critical habitat upon a 
determination that the benefits of excluding them outweighs the 
benefits of designating these areas as critical habitat, as provided 
under section 4(b)(2) of the Act. This consultation will take place 
under the auspices of Secretarial Order 3206 and the Presidential 
Memorandum of April 29, 1994, which require us to coordinate with 
federally recognized Tribes on a Government-to-Government basis.
    We did not map critical habitat in sufficient detail to exclude all 
developed areas such as towns, housing developments, and other lands 
unlikely to contain primary constituent elements essential for arroyo 
toad conservation. Areas of existing features and structures within the 
unit boundaries, such as buildings, roads, aqueducts, railroads, 
airports, and paved areas will not contain one or more of the primary 
constituent elements. Federal actions limited to these areas, 
therefore, would not trigger a section 7 consultation, unless they 
affect the species and/or the primary constituent elements in adjacent 
critical habitat.

Proposed Critical Habitat Designation

    The approximate area encompassing proposed critical habitat by 
county and land ownership is shown in Table 2. Proposed critical 
habitat includes arroyo toad habitat throughout the species' range in 
the United States (i.e., Monterey, San Luis Obispo, Santa Barbara, 
Ventura, Los Angeles, Riverside, San Bernardino, Orange, and San Diego 
Counties, California). Lands proposed are under private, local agency, 
county, State, Tribal, and Federal ownership. Lands proposed as 
critical habitat have been divided into 22 Critical Habitat Units. 
Brief descriptions of each unit, and reasons for proposing them as 
critical habitat, are presented below. The units are generally based on 
geographically distinct river basins. In several instances, a river 
basin has been broken into two or more units based on human or natural 
landscape features that effectively separate portions of the basin 
(e.g., a large reservoir or gorge).
    Jennings and Hayes (1994) estimate that arroyo toads have lost up 
to 75 percent of their historic habitat. Although the linear measure of 
historically occupied streams may not be four times what is currently 
occupied, it is clear from museum records and data on extant 
populations that the habitats capable of supporting large numbers of 
arroyo toads have decreased dramatically in the last 100 years. The 
reaches that typically support or historically supported the highest 
densities of toads are those in the lower and middle portions of river 
basins, typically associated with third order or larger streams. Many 
of those reaches have been lost to urban development, intensive 
agriculture, and reservoirs.
    Arroyo toads now occur as isolated subpopulations on the middle and 
upper reaches of tributaries of many large rivers. They probably 
occurred on these creeks downstream to the confluences with the 
mainstems. If so, and if arroyo toads used the mainstems for breeding 
or dispersal, all of the arroyo toads in a single basin would have 
constituted a single metapopulation. The isolation of subpopulations on 
the tributaries can lead to inbreeding and genetic instability, making 
them more susceptible to losses from disease or other problems. Losses 
of genetic variability associated with inbreeding can make it more 
difficult for a population to survive when environmental conditions 
change, as associated with long-term climatic changes or fluctuations 
(e.g., ice ages, global warming). When populations in isolated reaches 
are greatly reduced or lost due to natural or human-related impacts, 
including catastrophic fires or floods, the loss of habitat continuity 
and the greater distances between subpopulations will make it more 
difficult for arroyo toads to recolonize those fragmented habitats (see 
e.g., Barto 1999).

Northern Recovery Unit

    The following seven critical habitat units are located in the 
Northern Recovery Unit for the arroyo toad, as discussed in the final 
recovery plan. Most of the lands are Federal, and management needs are 
being addressed through the section 7 consultation process and the 
development of management plans and conservation strategies.

Unit 1: San Antonio River, Monterey County

    Unit 1 consists of the San Antonio River and adjacent uplands, from 
the junction of Forest Creek downstream to San Antonio Reservoir. The 
unit encompasses approximately 9,100 ha (22,600 ac), 98 percent of 
which is on the Fort Hunter Liggett Military Reservation. This is the 
northernmost known occurrence of arroyo toads and is approximately 160 
km (100 mi) north of the nearest documented extant population. The 
protection and recovery of this population are essential to maintain 
the complete genetic variability of the species and the full range of 
ecological settings within which it is found.

Unit 2: Sisquoc River, Santa Barbara County

    Unit 2 consists of the Sisquoc River and adjacent uplands, from 
Sycamore Campground downstream to its confluence with the Santa Maria 
River. The unit encompasses approximately 11,700 ha (28,900 ac), of 
which 67 percent is private land and 33 percent is within the Los 
Padres National Forest. Upper stretches of the river are within the 
National Forest and mostly within the San Rafael Wilderness Area. Below 
the National Forest boundary, the river and adjacent uplands are on 
private lands. This long, unregulated stream is occupied arroyo toad 
habitat and is one of the few remaining major rivers in southern 
California with a natural flow regime.

Unit 3: Upper Santa Ynez River Basin, Santa Barbara County

    Unit 3 is located upstream of Gibraltar Reservoir and incorporates 
portions of the upper Santa Ynez River, Indian Creek, Mono Creek, and 
adjacent uplands. The unit encompasses approximately 5,700 ha (14,100 
ac) within the Los Padres National Forest, with over 90 percent on 
National Forest lands and the remainder in private inholdings. Proposed 
portions of the upper Santa Ynez River watershed extend from Jameson 
Reservoir down to Gibraltar Reservoir. Indian Creek basin is proposed 
from the Buckthorn Creek confluence down to the Mono Debris Dam. Mono 
Creek is proposed from the first unnamed stream below The Narrows to 
its confluence with the Santa Ynez River. A substantial and well-
studied arroyo toad population occurs in this area (Sweet 1992, 1993). 
It is likely the remnants of a much larger population that historically 
extended downstream below what is now Lake

[[Page 36519]]

Cachuma and upstream into the area occupied by Jameson Reservoir.

Unit 4: Sespe Creek, Ventura County

    Unit 4 includes Sespe Creek and adjacent uplands, from the lower 
end of Sespe Gorge (elevation approximately 1,075 m (3,530 ft)) 
downstream to the confluence with Alder Creek. The unit encompasses 
approximately 5,800 ha (14,300 ac), of which 96 percent is on the Los 
Padres National Forest and the remainder is in private inholdings. A 
substantial arroyo toad population occurs in this unit (Service 1999) 
along an undammed stream in a watershed that is predominately National 
Forest land. In all likelihood, arroyo toad populations in units 4, 5, 
and 6 historically were part of a large Santa Clara River Basin 
metapopulation. Substantive barriers to toad movement now exist between 
these units, including dams, agriculture, and urban development.

Unit 5: Piru Creek, Ventura and Los Angeles Counties

    Unit 5 includes Piru Creek and adjacent uplands from the confluence 
with Lockwood Creek downstream to Pyramid Reservoir (Subunit A), and 
from Piru Gorge downstream to Lake Piru (Subunit B). Subunit B also 
includes Agua Blanca Creek from Devil's Gateway downstream to the 
confluence with Piru Creek. The unit encompasses approximately 7,800 ha 
(19,300 ac), 95 percent of which is within the Los Padres and Angeles 
National Forests, with the remaining on private inholdings. A 
substantial arroyo toad population occurs in this unit (Service 1999).

Unit 6: Upper Santa Clara River Basin, Los Angeles County

    Unit 6 includes portions of Castaic Creek, San Francisquito Creek, 
the upper Santa Clara River, and adjacent uplands. The unit encompasses 
approximately 13,900 ha (34,300 ac), of which 77 percent is private 
land and 23 percent is within the Angeles National Forest. The proposed 
portion of Castaic Creek extends from Cienega Spring downstream to 
Castaic Lake (Subunit A). A portion of Fish Creek above the confluence 
with Castaic Creek is also included in Subunit A. Arroyo toads occur 
below Castaic Lake to the confluence of the Santa Clara River (Subunit 
B). The upper Santa Clara River is proposed from Bee Canyon downstream 
to the confluence with Castaic Creek (Subunit B). San Francisquito 
Creek is proposed from Bee Canyon (a different Bee Canyon) to the 
confluence with the Santa Clara River (Subunit B). San Francisquito 
Creek offers an excellent opportunity for expanding the Upper Santa 
Clara arroyo toad population with appropriate management of nonnative 
plants and habitat rehabilitation.

Unit 7: Upper Los Angeles River Basin, Los Angeles County

    Unit 7 includes portions of Big Tujunga, Mill, Alder, and Arroyo 
Seco creeks, and adjacent uplands. The unit encompasses approximately 
8,700 ha (21,500 ac), of which 68 percent is within the Angeles 
National Forest and 32 percent is private land. Big Tujunga Creek is 
proposed from Big Tujunga Dam downstream to Hansen Lake (Subunit A) 
(excluding Big Tujunga Reservoir). Big Tujunga Creek upstream from Big 
Tujunga Lake to 2 km (1.2 mi) above the confluence with Alder Creek, 
Mill Creek from the Monte Cristo Creek confluence downstream to Big 
Tujunga Creek, and Alder Creek from the Mule Fork confluence downstream 
to Big Tujunga Creek are proposed (Subunit B). Arroyo Seco is proposed 
from the Long Canyon confluence downstream to Devil's Gate Reservoir 
(Subunit C). Arroyo toads occupy each of these drainages. Big Tujunga 
Creek below the reservoir is an area with high potential for expanding 
toad numbers through careful management of land use activities and 
water releases from the dam.

Southern Recovery Unit

    The following 12 critical habitat units are located in the Southern 
Recovery Unit for the arroyo toad, as discussed in the final recovery 
plan. Arroyo toads probably occurred in and along the coastal plain 
portions of all the streams in this unit, but are now found on the 
coastal plain only in units 8, 10, 11, and 12. The latter two units are 
largely encompassed by Camp Pendleton Marine Corps Base.

Unit 8: Santiago Creek, Orange County

    Unit 8 is centered around the confluence of Santiago, Black Star, 
and Baker creeks, just above Irvine Lake. The unit encompasses 
approximately 1,200 ha (3,000 ac), 95 percent of which is private land 
and 5 percent is within the Cleveland National Forest. Black Star Creek 
is proposed from near the southwest corner of Section 30 (T4S, R7W) 
downstream to Santiago Creek. An approximately 3 km (1.9 mi) stretch of 
lower Baker Canyon is proposed. Portions of the Orange County Central/
Coastal Natural Community Conservation Planning Act of 1991 (NCCP)/HCP 
planning area fall within the unit boundaries, but areas where take has 
been authorized are not being proposed for critical habitat. The 
current status of arroyo toads in this unit is poorly known, but there 
are historic records from the 1970s and high-quality habitat still 
exists in the area. The unit is important for arroyo toad recovery, as 
it is the northernmost remaining habitat in Orange County and supports 
the only remaining population within the lower Santa Ana River Basin.

Unit 9: San Jacinto River and Bautista Creek, Riverside County

    Unit 9 includes portions of the San Jacinto River and Bautista 
Creek and adjacent uplands, several miles east of the town of Hemet. 
The unit encompasses approximately 5,370 ha (13,300 ac), of which 62 
percent is private land and 24 percent is within the San Bernardino 
National Forest. The San Jacinto River is proposed from the Sand Canyon 
confluence downstream to just below the confluence with Indian Creek. 
The lower 1 km (0.6 mi) of Indian Creek is also included. Bautista 
Creek is proposed from near the middle of section 20 (T6S, R2E) 
downstream to near the middle of section 21 (T5S, R1E), at the point 
where the levee starts. The current status of arroyo toads in this unit 
is poorly known, but there are historic records from the 1970s and high 
quality habitat still exists in the area. It is an important area for 
recovery, being the only remaining area in the San Jacinto River Basin 
capable of supporting a substantial population.
    Approximately 330 ha (815 ac) of the Soboba Indian Reservation are 
included in this unit. Within the Reservation, riparian and associated 
upland habitats along lower Indian Creek and the San Jacinto River are 
considered essential for the conservation of the arroyo toad. Based on 
the outcome of discussions with the Soboba Tribe, and the results of 
our 4(b)(2) analysis, critical habitat on these Tribal lands may be 
appropriate and has been identified in this proposed rule.

Unit 10: San Juan and Trabuco Creeks, Orange and Riverside Counties

    Unit 10 includes portions of San Juan Creek, Bell Canyon, Trabuco 
Creek, and adjacent uplands. The unit encompasses approximately 8,600 
ha (21,300 ac), of which 59 percent is private land, 21 percent is 
Orange County park land (i.e., Caspers Wilderness Park and O'Neil 
Regional Park), and 20 percent is on the Cleveland National Forest. The 
proposed portion of San Juan Creek extends from the bottom of Decker 
Canyon downstream to Interstate 5 (Subunit A). The proposed portion of 
Bell Canyon extends from just below

[[Page 36520]]

Crow Canyon downstream to the confluence with San Juan Creek (Subunit 
A). An approximately 8 km (5 mi) stretch of Trabuco Creek is proposed, 
extending downstream from Falls Canyon (Subunit B). San Juan Creek 
supports a large arroyo toad population, which is concentrated within 
Caspers Wilderness Park and private lands downstream. Trabuco Creek is 
occupied by arroyo toads, but there is little additional information on 
their distribution and abundance in this drainage. Although habitat has 
been degraded in the far downstream portions of San Juan Creek, there 
is still high potential for restoration and recovery in this area.

Unit 11: San Mateo and San Onofre Basins, San Diego and Orange Counties

    Unit 11 includes portions of San Mateo, San Onofre, Christianitos, 
Talega, Gabino, and La Paz creeks, and adjacent uplands. The unit 
encompasses approximately 11,200 ha (27,600 ac), of which 78 percent is 
within the Camp Pendleton Marine Corps Base and 20 percent is on 
private land. The proposed portion of San Mateo Creek extends from 
Devils Canyon downstream to Interstate 5. The proposed portion of San 
Onofre Creek extends approximately 16 km (10 mi) upstream from 
Interstate 5 and includes portions of Jardine Canyon. Christianitos 
Creek is proposed from just above Gabino Creek downstream to the 
confluence with San Mateo Creek. An approximately 5 km (3.1 mi) stretch 
of Gabino Creek upstream from its confluence with Christianitos Creek 
is proposed, including about 1 km (0.6 mi) of La Paz Creek. An 
approximately 7 km (4.4 mi) stretch of Talega Creek upstream from its 
confluence with Christianitos Creek is also proposed. This unit 
supports a large number of arroyo toads (D.C. Holland, unpubl. data) 
and one of the few remaining populations on the coastal plain.

Unit 12: Lower Santa Margarita River, San Diego County

    Unit 12 includes the Santa Margarita River and adjacent uplands, 
from the lower end of Temecula Canyon to Interstate 5. It also includes 
De Luz Creek from the town of De Luz to the confluence with the Santa 
Margarita River and approximately 2.5 km (1.6 mi) of Roblar Creek above 
its confluence with the Santa Margarita River. The unit encompasses 
approximately 9,800 ha (24,200 ac), of which 74 percent is within 
either the Camp Pendleton Marine Corps Base or the Fallbrook Naval 
Weapons Station and 25 percent is on private land. The arroyo toad 
population within this unit is large (D.C. Holland, unpubl. data) and 
one of the few remaining on the coastal plain.

Unit 13: Upper Santa Margarita River Basin, Riverside and San Diego 
Counties

    Unit 13 is located above Vail Lake and includes portions of 
Temecula Creek, Wilson Creek, Arroyo Seco Creek, and adjacent uplands. 
The unit encompasses approximately 9,800 ha (24,200 ac), of which 78 
percent is private land and 18 percent is within the Cleveland National 
Forest. Temecula Creek is proposed from Dodge Valley downstream to Vail 
Lake. Wilson Creek is proposed from Lancaster Valley down to Vail Lake, 
and the Arroyo Seco segment extends from Crosley Homestead down to Vail 
Lake. The broad, flat alluvial valleys found in this unit contain high-
quality habitat for arroyo toads, and the species occurs in each of the 
proposed drainages. It is the largest and highest quality area of 
suitable arroyo toad habitat in Riverside County.

Unit 14: Lower and Middle San Luis Rey River Basin, San Diego County

    Unit 14 includes portions of the San Luis Rey River below Lake 
Henshaw and adjacent uplands, and includes the lower portion of Keys 
Creek. The unit encompasses approximately 13,400 ha (33,100 ac), of 
which 77 percent is private land and 17 percent is Tribal land. The San 
Luis Rey River is proposed from the western edge of the La Jolla Indian 
Reservation downstream to the confluence with Guajome Creek near the 
city of Oceanside. Approximately 2.7 km (1.7 mi) of Keys Creek upstream 
from the confluence with the San Luis Rey is also proposed. This long, 
low-elevation (all below 305 m (1,000 ft) in elevation) unit, situated 
in a broad, flat valley, is prime occupied habitat for arroyo toads. 
Approximately 1,365 ha (3,375 ac) of the Pala Indian Reservation and 
920 ha (2,275 ac) of the Rincon Indian Reservation are included in this 
unit. Within these reservations, riparian and associated upland 
habitats along the San Luis Rey River, Pala Creek, and other tributary 
streams are considered essential for the conservation of the arroyo 
toad.
    The San Luis Rey River provides important high quality habitat for 
the arroyo toad. However, intensive urbanization and agriculture near 
the coast, and dams and water diversions in the upper end, have greatly 
reduced habitat quality in the upper and lower portions of this 
drainage, leaving only the middle stretch of the river with any 
remaining high quality, occupied toad habitat. Approximately 19 percent 
of the identified remaining suitable habitat along the San Luis Rey is 
on Tribal land (13 percent on the Pala and 6 percent on the Rincon). 
The Pala Reservation is in the middle of the San Luis Rey critical 
habitat unit. If habitat on the reservation is lost, the remaining 
population would be highly fragmented and vulnerable to extirpation. 
Also, land uses on the stream terrace (primarily agricultural fields) 
have been more intensive on the private lands, particularly in the 
lower end of the unit. Thus, the Tribal lands actually support a 
greater percentage of high quality upland habitat. Based on the outcome 
of discussions with the Pala and Rincon Indian Tribes, and the results 
of our 4(b)(2) analysis, critical habitat on these Tribal lands may be 
appropriate and has been identified in this proposed rule.

Unit 15: Upper San Luis Rey Basin, San Diego County

    Unit 15 includes the upper San Luis Rey River above Lake Henshaw, 
two of its headwater tributaries, and adjacent uplands. The unit 
encompasses approximately 7,400 ha (18,300 ac), of which 68 percent is 
private land and 32 percent is within the Cleveland National Forest. 
The upper San Luis Rey River is proposed from the Indian Flats area 
downstream to the upper end of Lake Henshaw (Subunit A). Agua Caliente 
Creek is proposed from the western edge of section 13 (T10S, R3E) to 
the confluence with the San Luis Rey (Subunit A). An approximately 2.5 
km (1.6 mi) stretch of the West Fork of the San Luis Rey River is 
proposed where it runs through Barker Valley (Subunit B). Arroyo toads 
occur in each of these drainages, with the largest concentration found 
along Agua Caliente Creek. This unit contains an important assemblage 
of several small, disjunct, high-elevation populations and one large, 
core population in an area where in-stream and/or overland dispersal 
between populations is probably still possible.

Unit 16: Santa Ysabel Creek, San Diego County

    Unit 16 includes portions of Santa Ysabel Creek and adjacent 
uplands, and includes portions of Santa Maria Creek, Guejito Creek, and 
Temescal Creek (Pamo Valley). The unit encompasses approximately 9,500 
ha (23,500 ac), of which 76 percent is private land and 20 percent is 
within the Cleveland National Forest. Santa Ysabel Creek is proposed 
from Sutherland Reservoir downstream to the western boundary of the 
Cleveland National Forest near Boden Canyon (which is the eastern 
boundary of the San Diego MSCP area) (Subunit A). Approximately 7 km 
(4.3 mi) of Temescal Creek is proposed from the

[[Page 36521]]

northern edge of Pamo Valley to the confluence with Santa Ysabel Creek 
(Subunit A). Approximately 12 km (7.5 mi) of Guejito Creek is proposed 
from the 610 m (2,000 ft) elevation contour downstream to the San Diego 
MSCP boundary near San Pasqual Valley (Subunit B). Approximately 10 km 
(6 mi) of Santa Maria Creek is proposed from the west side of Ramona to 
the San Diego MSCP boundary near San Pasqual Valley (Subunit C). Arroyo 
toads occur in each of these drainages, with a particularly substantial 
concentration in Pamo Valley. This unit provides an important linkage 
to a substantial arroyo toad population in San Pasqual Valley that 
occurs within the San Diego MSCP area.

Unit 17: San Diego River/San Vicente Creek, San Diego County

    Unit 17 includes portions of the San Diego River and San Vicente 
Creek and adjacent uplands. The unit encompasses approximately 5,100 ha 
(12,600 ac), of which 65 percent is private land and 22 percent is 
within the Cleveland National Forest. Subunit A includes the San Diego 
River from Ritchie Creek downstream to the upper edge of El Capitan 
Reservoir (including approximately 1 km (0.6 mi) of lower Cedar Creek) 
and San Vicente Creek from the eastern end of San Diego Country Estates 
downstream to where the creek crosses Wildcat Canyon Road (the MSCP 
area boundary). Subunit B extends from El Capitan Reservoir to El Monte 
County Park. Subunit C extends from approximately 2 km (1.2 mi) below 
El Monte County Park downstream to the confluence with San Vicente 
Creek. The upper San Diego River and San Vicente Creek are both 
occupied by arroyo toads. This unit also provides an important linkage 
to populations occurring within the San Diego MSCP area. Approximately 
360 ha (900 ac) of the Capitan Grande Indian Reservation are included 
in this unit. Within the Reservation, riparian and associated upland 
habitats along the upper San Diego River above El Capitan Lake are 
considered essential for the conservation of the arroyo toad. Based on 
the outcome of discussions with the Barona and Viejas Indian Tribes 
(which jointly govern the Capitan Grande Reservation), and the results 
of our 4(b)(2) analysis, critical habitat on these Tribal lands may be 
appropriate and has been identified in this proposed rule. 
Approximately 190 acres of the Barona Indian Reservation south of San 
Vicente Creek are also included in this unit. These acres are not 
considered to be high-quality arroyo toad habitat; they lie within the 
unit boundary because of the spatial scale at which these units were 
mapped. Thus, Tribal lands on the Barona Indian Reservation are not 
considered essential to conserve the toad and are not being proposed 
for critical habitat. Because of the short time-line associated with 
this proposal, we were unable to accurately remove this area from the 
proposed critical habitat boundaries.

Unit 18: Sweetwater River Basin, San Diego County

    Unit 18 includes portions of the Sweetwater River, Peterson Canyon, 
Viejas Creek, and adjacent uplands. The unit encompasses approximately 
11,410 ha (28,200 ac), of which 52 percent is private land, 22 percent 
is on California State Park land, 17 percent is within the Cleveland 
National Forest, and 6 percent is on the San Diego National Wildlife 
Refuge. Three disjunct portions of the Sweetwater River are proposed: 
from the top of Upper Green Valley in Cuyamaca Rancho State Park 
downstream to the San Diego MSCP area boundary (Subunit A), an 
approximately 1-km (0.6-mi) segment immediately above Loveland 
Reservoir that is outside the MSCP area boundary (Subunit B), and from 
immediately below Loveland Dam downstream to the upper edge of 
Sweetwater Reservoir (Subunit C). Peterson Canyon is proposed from just 
east of the Taylor Creek confluence downstream to the top of Loveland 
Reservoir (Subunit A). Viejas Creek is proposed from the western end of 
Viejas Valley downstream to the Congressional boundary of the Cleveland 
National Forest (which is the eastern boundary of the San Diego MSCP 
area) (Subunit A). All of the drainages included in this unit support 
arroyo toads. The unit provides an important linkage to populations on 
the lower Sweetwater River, which occur within the San Diego MSCP area. 
Approximately 185 ha (460 ac) of the Sycuan Indian Reservation and 100 
ha (250 ac) of the Viejas Indian Reservation are included in this unit. 
Within the reservations, riparian and associated upland habitats along 
Viejas Creek (Viejas Reservation) and the lower part of Sycuan Creek 
(Sycuan Reservation) are considered essential for the conservation of 
the arroyo toad. Based on the outcome of discussions with the Viejas 
and Sycuan Indian Tribes, and the results of our 4(b)(2) analysis, 
critical habitat on these Tribal lands may be appropriate and has been 
identified in this proposed rule.

Unit 19: Cottonwood Creek Basin, San Diego County

    Unit 19 includes portions of Cottonwood Creek, adjacent uplands, 
and portions of the following tributaries: Potrero Creek, Pine Valley 
Creek, Scove Canyon, Morena Creek, La Posta Creek, and Kitchen Creek. 
The unit, which is the largest proposed, encompasses approximately 
18,000 ha (44,500 ac), of which 54 percent is within the Cleveland 
National Forest and 34 percent is private land. Two disjunct portions 
of Cottonwood Creek are proposed: From Buckman Springs (near Interstate 
8) downstream to Morena Reservoir including approximately 13 km (8.1 
mi) of La Posta Creek, 6 km (3.7 mi) of Morena Creek, and 2.5 km (1.6 
mi) of Kitchen Creek (Subunit A). Subunit B extends from approximately 
4 km (2.5 mi) below Morena Reservoir downstream to State Highway 94 
(excluding Barrett Reservoir) and Potrero Creek from approximately the 
752 m (2,466 ft) elevation benchmark downstream to the confluence with 
Cottonwood Creek. Two disjunct portions of Pine Valley Creek are 
proposed: From the north edge of section 12 (T15S, R4E) downstream to 
approximately 1 km (0.6 mi) south of Interstate 8 including 
approximately 4 km (2.5 mi) of Scove Canyon and 1 km (0.6 mi) of Noble 
Creek (Subunit C) and from the Nelson Canyon confluence downstream to 
Barrett Reservoir (Subunit D). Approximately 170 ha (425 ac) of the La 
Posta Indian Reservation are included in this unit. Within the 
Reservation, riparian and associated upland habitats along La Posta 
Creek are considered essential for the conservation of the arroyo toad. 
Based on the outcome of discussions with the La Posta Tribe, and the 
results of our 4(b)(2) analysis, critical habitat on these Tribal lands 
may be appropriate and has been identified in this proposed rule. This 
unit encompasses a large number of distinct arroyo toad occurrences in 
an area where in-stream and/or overland dispersal between populations 
is probably still possible. It also provides an important linkage to 
populations occurring within the San Diego MSCP area.

Desert Recovery Unit

    The following four critical habitat units are in the Desert 
Recovery Unit as described in the final recovery plan. Each of these 
units is isolated from each other and from any other units, making the 
issues of inbreeding, fragmentation, and random negative impacts of 
great concern. Sufficient habitat needs to be secured and managed so 
that threats are

[[Page 36522]]

reduced and each population can increase in size.

Unit 20: Little Rock Creek, Los Angeles County

    Unit 20 includes approximately 5 km (3.1 mi) of Little Rock Creek 
below Little Rock Reservoir (Subunit A) and from the South Fork 
confluence downstream to Little Rock Reservoir (Subunit B). Also 
included in Subunit B is an approximately 1.5 km (0.9 mi) segment of 
Santiago Creek upstream of the confluence with Little Rock Creek and 
adjacent uplands. The unit encompasses approximately 3,000 ha (7,400 
ac), of which 79 percent is within the Angeles National Forest and 20 
percent is private land. A substantial arroyo toad population occurs in 
this unit, in which the management of recreational activities has 
recently changed. Studies are currently under way to better determine 
the distribution of the population along the creek and to assess upland 
habitat use (Ramirez 2000).

Unit 21: Upper Mojave River Basin, San Bernardino County

    Unit 21 includes portions of the Mojave River, the West Fork of the 
Mojave River, Horsethief and Little Horsethief creeks, Deep Creek, and 
adjacent uplands. The unit encompasses approximately 14,200 ha (35,100 
ac), of which 26 percent is within the San Bernardino National Forest, 
56 percent is private land, and 9 percent is U.S. Army Corps of 
Engineers-managed land associated with the flood control reservoir. Two 
separate segments of the Mojave River are proposed: (1) From Mojave 
River Forks Dam downstream approximately 4 km (2.5 mi) and (2) from 
approximately 2 km (1.2 mi) southeast of the Upper Narrows (section 14, 
T5N, R4W) downstream to approximately 6 km (3.7 mi) below the Lower 
Narrows (section 13, T6N, R5W). The West Fork is proposed from near the 
1462 m (3,613 ft) elevation benchmark downstream to the confluence with 
Deep Creek (excluding Silverwood Lake). Deep Creek is proposed from 
near Devil's Hole to the confluence with the West Fork. Horsethief 
Canyon is proposed from Little Horsethief Creek to the confluence with 
the West Fork of the Mojave River. Little Horsethief Creek is proposed 
from approximately the western edge of section 28 (T3N, R5W) downstream 
to the confluence with Horsethief Creek. Summit Valley, through which 
Horsethief Creek flows, to and downstream of the confluence with the 
West Fork, is a broad, flat, alluvial valley that supports large 
numbers of arroyo toads (Ramirez 1999). It is probably the largest 
concentration of arroyo toads on the desert side of the mountains.

Unit 22: Whitewater River, Riverside County

    Unit 22 includes portions of the Whitewater River and adjacent 
uplands, from near Red Dome downstream to one-quarter mile south of 
Interstate 10. The unit encompasses approximately 2,400 ha (5,900 ac), 
of which 56 percent is BLM land and 44 percent is private land. The 
current status of arroyo toads in this unit is poorly known, but recent 
sightings have occurred and high-quality habitat still exists in the 
area.

[[Page 36523]]



                                                Table 2.--Approximate Critical Habitat in Hectares (ha) (Acres (ac) by County and Land Ownership
                                             [Area estimates reflect critical habitat unit boundaries, not the primary constituent elements within]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             County                 Forest service            BLM                 FWS              Military           State/Local           Tribal              Private              Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Monterey........................  0.................  0.................  0.................  8,908 ha (22,013    0.................  0.................  218 ha (539 ac)...  9,126 ha (22,552
                                                                                               ac).                                                                            ac)
San Luis Obispo.................  0.................  0.................  0.................  0.................  0.................  0.................  253 ha (625 ac)...  253 ha (625 ac)
Santa Barbara...................  9,008 ha (22,260    0.................  0.................  0.................  0.................  0.................  8,120 ha (20,066    17,128 ha (42,326
                                   ac).                                                                                                                    ac).                ac)
Ventura.........................  10,575 ha (26,130   0.................  0.................  0.................  0.................  0.................  546 ha (1,350 ac).  11,121 ha (27,480
                                   ac).                                                                                                                                        ac)
Los Angeles.....................  13,914 ha (34,382   58 ha (143 ac)....  0.................  0.................  58 ha (143 ac)....  0.................  14,050 ha (34,719   28,080 ha (69,387
                                   ac).                                                                                                                    ac).                ac)
San Bernardino..................  3,725 ha (9,204     496 ha (1,225 ac).  0.................  1,221 ha (3,017     816 ha (2,016 ac).  0.................  7,943 ha (19,627    14,200 ha (35,089
                                   ac).                                                        ac).                                                        ac).                ac)
Riverside.......................  3,132 ha (7,738     1,949 ha (4,817     0.................  0.................  103 ha (255 ac)...  330 ha (815 ac)...  10,085 ha (24,920   15,599 ha (38,545
                                   ac).                ac).                                                                                                ac).                ac)
Orange..........................  1,178 ha (2,910     0.................  0.................  51 ha (125 ac)....  1,854 ha (4,581     0.................  8,431 ha (20,833    11,514 ha (28,449
                                   ac).                                                                            ac).                                    ac).                ac)
San Diego.......................  18,062 ha (44,631   1,424 ha (3,519ac)  723 ha (1,787 ac).  15,922 ha (39,344   4,436 ha (10,960    3,100 ha (7,660     42,924 ha (106,066  86,591 ha (213,963
                                   ac).                                                        ac).                ac).                ac).                ac).                ac)
Total...........................  59,594 ha (147,255  3,927 ha (9,704     723 ha (1,787 ac).  26,103 ha (64,499   7,267 ha (17,955    3,430 ha (8,475     92,572 ha (228,745  193,616 ha
                                   ac).                ac).                                    ac).                ac).                ac).                ac).                (478,419 ac)
                                 ---------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 36524]]

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 do 
not destroy or adversely modify critical habitat to the extent that the 
action appreciably diminish the value of the critical habitat for the 
survival and recovery of the species. Individuals, organizations, 
States, local governments, and other non-Federal entities are affected 
by the designation of critical habitat only if their actions occur on 
Federal lands, require a Federal permit, license, or other 
authorization, or involve Federal funding.
    Section 7(a) of the Act requires Federal agencies, including the 
Service, to evaluate their actions with respect to any species that is 
proposed or listed as endangered or threatened and with respect to its 
critical habitat, if any is designated or proposed. Regulations 
implementing this interagency cooperation provision of the Act are 
codified at 50 CFR part 402. Section 7(a)(4) of the Act requires 
Federal agencies to confer with us on any action that is likely to 
jeopardize the continued existence of a proposed species or result in 
destruction or adverse modification of proposed critical habitat. 
Conference reports provide conservation recommendations to assist the 
agency in eliminating conflicts that may be caused by the proposed 
action. The conservation recommendations in a conference report are 
advisory. If a species is listed or critical habitat is designated, 
section 7(a)(2) requires Federal agencies to ensure that activities 
they authorize, fund, or carry out are not likely to jeopardize the 
continued existence of such a species or to destroy or adversely modify 
its critical habitat. If a Federal action may affect a listed species 
or its critical habitat, the responsible Federal agency (action agency) 
must enter into consultation with us. Through this consultation, we 
would ensure that the permitted actions do not destroy or adversely 
modify critical habitat.
    When we issue a biological opinion concluding that a project is 
likely to result in the destruction or adverse modification of critical 
habitat, we also provide reasonable and prudent alternatives to the 
project, if any are identifiable. ``Reasonable and prudent 
alternatives'' are defined at 50 CFR 402.02 as alternative actions 
identified during consultation that can be implemented in a manner 
consistent with the intended purpose of the action, that are consistent 
with the scope of the Federal agency's legal authority and 
jurisdiction, that are economically and technologically feasible, and 
that the Director believes would avoid the likelihood of jeopardizing 
the continued existence of listed species or result in the destruction 
or adverse modification of critical habitat.
    Reasonable and prudent alternatives can vary from slight project 
modifications to extensive redesign or relocation of the project. Costs 
associated with implementing a reasonable and prudent alternative are 
similarly variable.
    Regulations at 50 CFR 402.16 require Federal agencies to reinitiate 
consultation on previously reviewed actions in instances where critical 
habitat is subsequently designated and the Federal agency has retained 
discretionary involvement or control over the action or such 
discretionary involvement or control is authorized by law. 
Consequently, some Federal agencies may request reinitiation of 
consultation or conference with us on actions for which formal 
consultation has been completed, if those actions may affect designated 
critical habitat or adversely modify or destroy proposed critical 
habitat. Conference reports assist the agency in eliminating conflicts 
that may be caused by the proposed action, and may include 
recommendations on actions to eliminate conflicts with or adverse 
modifications to proposed critical habitat. The conservation 
recommendations in a conference report are advisory.
    We may issue a formal conference report if requested by a Federal 
agency. Formal conference reports on proposed critical habitat contain 
an opinion that is prepared according to 50 CFR 402.14, as if critical 
habitat were designated. We may adopt the formal conference report as 
the biological opinion when the critical habitat is designated, if no 
substantial new information or changes in the action alter the content 
of the opinion (see 50 CFR 402.10(d)).
    Activities on Federal lands that may affect the arroyo toad or its 
critical habitat will require section 7 consultation. Activities on 
private or State lands requiring a permit from a Federal agency, such 
as a permit from the Army Corps under section 404 of the Clean Water 
Act, a section 10(a)(1)(B) permit from the Service, or some other 
Federal action, including funding (e. g., Federal Highway 
Administration or Federal Emergency Management Agency) will also 
continue to be subject to the section 7 consultation process. Federal 
actions not affecting listed species or critical habitat and actions on 
non-Federal and private lands that are not federally funded, 
authorized, or permitted do not require section 7 consultation.
    Section 4(b)(8) of the Act requires us to briefly evaluate and 
describe in any proposed or final regulation that designates critical 
habitat those activities involving a Federal action that may destroy or 
adversely modify such habitat, or that may be affected by such 
designation. Activities that may destroy or adversely modify critical 
habitat include those that appreciably reduce the value of critical 
habitat for both the survival and recovery of the arroyo toad. Within 
critical habitat, this pertains only to those areas containing the 
primary constituent elements. We note that such activities may also 
jeopardize the continued existence of the species.
    To properly portray the effects of critical habitat designation, we 
must first compare the section 7 requirements for actions that may 
affect critical habitat with the requirements for actions that may 
affect a listed species. Section 7 prohibits actions funded, 
authorized, or carried out by Federal agencies from jeopardizing the 
continued existence of a listed species or destroying or adversely 
modifying the listed species' critical habitat. Actions likely to 
``jeopardize the continued existence'' of a species are those that 
would appreciably reduce the likelihood of the species' survival and 
recovery. Actions likely to ``destroy or adversely modify'' critical 
habitat are those that would appreciably reduce the value of critical 
habitat for the survival and recovery of the listed species.
    Common to both definitions is an appreciable detrimental effect on 
both survival and recovery of a listed species. Given the similarity of 
these definitions, actions likely to destroy or adversely modify 
critical habitat would almost always result in jeopardy to the species 
concerned, particularly when the area of the proposed action is 
occupied by the species concerned. Designation of critical habitat in 
areas occupied by the arroyo toad is not likely to result in a 
regulatory burden above that already in place due to the presence of 
the listed species.
    Designation of critical habitat could affect Federal agency 
activities. Federal agencies already consult with us on activities in 
areas currently occupied by the species to ensure that their actions do 
not jeopardize the continued existence of the species. These actions 
include, but are not limited to:
    (1) Regulation of activities affecting waters of the United States 
by the Army Corps under section 404 of the Clean Water Act;

[[Page 36525]]

    (2) Regulation of water flows, damming, diversion, and 
channelization by any Federal agencies;
    (3) Road construction and maintenance, right-of-way designation, 
and regulation of agricultural activities on Federal lands (such as 
those managed by the Service, Forest Service, DOD, or BLM);
    (4) Regulation of grazing, mining, and recreation by the BLM, DOD, 
Army Corps, or Forest Service;
    (5) Regulation of airport improvement activities by the Federal 
Aviation Administration;
    (6) Military training and maneuvers on Fort Hunter Liggett, Camp 
Pendleton, and other applicable DOD lands;
    (7) Construction of roads and fences along the international border 
with Mexico, and associated immigration enforcement activities by the 
Immigration and Naturalization Service (INS);
    (8) Licensing of construction of communication sites by the Federal 
Communications Commission, and;
    (9) Funding of activities by the U.S. Environmental Protection 
Agency, Department of Energy, Federal Emergency Management Agency, 
Federal Highway Administration, or any other Federal agency.

Relationship to Habitat Conservation Plans

    A number of habitat conservation planning efforts have been 
completed within the range of the arroyo toad. Principal among these 
are the NCCP efforts in San Diego and Orange counties. The San Diego 
MSCP, and its approved subarea plans, provide measures to conserve 
known populations of the arroyo toad within Santa Ysabel Creek in San 
Pasqual Valley, San Vicente Creek above San Vicente Reservoir, 
Sweetwater River, Otay River, and Cottonwood Creek in Marron Valley. 
Area-specific management directives for MSCP subarea plans must address 
the conservation of the arroyo toad by protecting and maintaining 
sufficient, suitable low-gradient sandy stream habitat to meet breeding 
requirements, preserving sheltering and foraging habitats within 1 km 
(0.6 mi) of occupied breeding habitat within designated preserve lands, 
controlling nonnative predators, and controlling human impacts within 
designated preserves. Incidental take of arroyo toads is authorized 
through the MSCP, but only for certain upland areas outside of U.S. 
Army Corps of Engineers jurisdiction.
    All lands within the MSCP planning areas considered essential to 
the conservation of the arroyo toad were identified as preserve areas 
and are managed for the benefit of the arroyo toad under the terms of 
the MSCP. Therefore, with one exception, we have determined that non-
Federal lands within MSCP planning areas that have an approved plan and 
an executed implementation agreement, approved as of the date of this 
rule, do not meet the definition of critical habitat in the Act, and we 
are not proposing designation of such lands as critical habitat. The 
exception concerns the reach of the Sweetwater River between Loveland 
and Sweetwater Reservoirs that is within the County of San Diego's MSCP 
plan. This area is affected by activities (e.g., reservoir water 
transfers) that are outside the authority of the approved County's MSCP 
plan. Therefore, we have included this limited reach of the Sweetwater 
River as critical habitat.
    The arroyo toad has been identified as a ``conditionally covered'' 
species by the Orange County Central/Coastal Subregion NCCP/HCP. 
``Conditional coverage'' allows projects to proceed within the Central/
Coastal subregion that will impact ``smaller populations (except for 
the lower Limestone Creek population), reintroduced populations, or 
populations that have expanded due to NCCP reserve management'' (pg. 
94, Orange County Central/Coastal NCCP/HCP IA, Section 8.3.2). However, 
``habitat that supports a major arroyo toad population that plays an 
essential role in the distribution of the arroyo toad in the subregion 
is not covered'' (pg. 94, Orange County Central/Coastal NCCP/HCP IA, 
Section 8.3.2). We are not proposing designation of critical habitat in 
the Orange County Central/Coastal NCCP/HCP planning area where take has 
been authorized.
    Habitat conservation plans currently under development are intended 
to provide for protection and management of habitat areas essential for 
the conservation of the arroyo toad, while directing development and 
habitat modification to nonessential areas of lower habitat value. The 
HCP development process provides an opportunity for more intensive data 
collection and analysis regarding the use of particular habitat areas 
by the arroyo toad. The process also enables us to conduct detailed 
evaluations of the importance of such lands to the long-term survival 
of the species in the context of constructing a biologically configured 
system of interlinked habitat blocks. We fully expect that HCPs 
undertaken by local jurisdictions (e.g., counties, cities) and other 
parties will identify, protect, and provide appropriate management for 
those specific lands within the boundaries of the plans that are 
essential for the long-term conservation of the species. We believe and 
fully expect that our analyses of proposed HCPs and proposed projects 
under section 7 will show that covered activities carried out in 
accordance with the provisions of the HCPs and biological opinions will 
not result in destruction or adverse modification of critical habitat.
    We provide technical assistance and work closely with applicants 
throughout the development of HCPs to identify lands essential for the 
long-term conservation of the arroyo toad and appropriate conservation 
and management actions. Several HCP efforts are currently under way 
that address listed and nonlisted species in areas within the range of 
the arroyo toad and in areas we propose as critical habitat. These 
HCPs, which will incorporate appropriate adaptive management, should 
provide for the conservation of the species. Furthermore, we will be 
doing intra-service consultation on the impacts of these HCPs on 
designated critical habitat and determining whether it would destroy or 
adversely modify critical habitat. We are soliciting comments on 
whether future approval of HCPs and issuance of section 10(a)(1)(B) 
permits for the arroyo toad should trigger revision of designated 
critical habitat to exclude lands within the HCP area and, if so, by 
what mechanism (see Public Comments Solicited section).
    If you have questions regarding whether specific activities will 
constitute adverse modification of critical habitat, contact the Field 
Supervisor, Ventura or Carlsbad Fish and Wildlife Offices (see 
ADDRESSES section). Requests for copies of the regulations on listed 
wildlife, and inquiries about prohibitions and permits may be addressed 
to the U.S. Fish and Wildlife Service, Branch of Endangered Species, 
911 N.E. 11th Ave, Portland, OR 97232 (telephone 503/231-2063; 
facsimile 503/231-6243).

Economic Analysis

    Section 4(b)(2) of the Act requires us to designate critical 
habitat on the basis of the best scientific and commercial information 
available, and to consider the economic and other relevant impacts of 
designating a particular area as critical habitat. We may exclude areas 
from critical habitat upon a determination that the benefits of such 
exclusions outweigh the benefits of specifying such areas as critical 
habitat. We cannot exclude such areas from critical habitat when such 
exclusion

[[Page 36526]]

will result in the extinction of the species. We will conduct an 
analysis of the economic impacts of designating these areas as critical 
habitat prior to a final determination. When completed, we will 
announce the availability of the draft economic analysis with a notice 
in the Federal Register, and we will reopen the comment period 30 days 
at that time to accept comments on the economic analysis or further 
comments on the proposed rule.

Public Comments Solicited

    We intend that any final action resulting from this proposal will 
be as accurate and as effective as possible. Therefore, we solicit 
comments or suggestions from the public, other concerned governmental 
agencies, the scientific community, industry, or any other interested 
party concerning this proposed rule. We particularly seek comments 
concerning:
    (1) The reasons why any habitat should or should not be determined 
to be critical habitat for the arroyo toad as provided by section 4 of 
the Act, including whether the benefits of designation will outweigh 
any threats to the species due to designation;
    (2) Specific information on the distribution of the arroyo toad, 
the amount and distribution of its habitat, and what habitat is 
essential to the conservation of the species and why;
    (3) Land use practices and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat;
    (4) Any foreseeable economic or other impacts resulting from the 
proposed designation of critical habitat, in particular, any impacts on 
small entities or families; and
    (5) Economic and other values associated with designating critical 
habitat for the arroyo toad, such as those derived from nonconsumptive 
uses (e.g., hiking, camping, bird-watching, enhanced watershed 
protection, improved air quality, increased soil retention, ``existence 
values,'' and reductions in administrative costs).
    In this proposed rule, we do not propose to designate critical 
habitat on non-Federal and private lands within the boundaries of any 
existing HCP and subarea plan with an executed Implementation Agreement 
and permit for arroyo toads approved under section 10(a)(1)(B) of the 
Act on or before the date of the final rule designating critical 
habitat for the toad. We believe that, since an existing HCP provides 
for long-term commitments to conserve the species and areas essential 
to the conservation of the arroyo toad, such areas do not meet the 
definition of critical habitat because they do not need special 
management considerations or protection. However, we are specifically 
soliciting comments on the appropriateness of this approach, and on the 
following or other alternative approaches for critical habitat 
designation in areas covered by existing approved HCPs:
    (1) Designate critical habitat without regard to existing HCP 
boundaries and allow the section 7 consultation process on the issuance 
of the incidental take permit to ensure that any take we authorized 
will not destroy or adversely modify critical habitat;
    (2) Designate as critical habitat reserves, preserves, and other 
conservation lands identified by approved HCPs on the premise that they 
encompass areas that are essential to conservation of the species 
within the HCP area and will continue to require special management 
protection in the future. Under this approach, all other lands covered 
by existing approved HCPs where incidental take for the arroyo toad is 
authorized under a legally operative permit pursuant to section 
10(a)(1)(B) of the Act would be excluded from critical habitat.
    The amount of critical habitat we designate for the arroyo toad in 
a final rule may either increase or decrease, depending upon which 
approach we adopt for dealing with designation in areas of existing 
approved HCPs.
    Additionally, we are also seeking comments on critical habitat 
designation relative to future HCPs. Several conservation planning 
efforts are now under way within the range of the arroyo toad, and 
other listed and nonlisted species, in areas we are proposing as 
critical habitat. For areas where HCPs are currently under development, 
we are proposing to designate critical habitat for areas that we 
believe are essential to the conservation of the species and need 
special management or protection. We invite comments on the 
appropriateness of this approach.
    In addition, we invite comments on the following, or other 
approaches, for addressing critical habitat within the boundaries of 
future approved HCPs upon issuance of section 10(a)(1)(B) permits for 
the arroyo toad:
    (1) Retain critical habitat designation within the HCP boundaries 
and use the section 7 consultation process on the issuance of the 
incidental take permit to ensure that any take we authorize will not 
destroy or adversely modify critical habitat;
    (2) Revise the critical habitat designation upon approval of the 
HCP and issuance of the section 10(a)(1)(B) permit to retain only 
preserve areas, on the premise that they encompass areas essential for 
the conservation of the species within the HCP area and require special 
management and protection in the future. Assuming that we conclude, at 
the time an HCP is approved and the associated incidental take permit 
is issued, that the plan protects those areas essential to the 
conservation of the arroyo toad, we would revise the critical habitat 
designation to exclude areas outside the reserves, preserves, or other 
conservation lands established under the plan. Consistent with our 
listing program priorities, we would publish a proposed rule in the 
Federal Register to revise the critical habitat boundaries;
    (3) As in (2) above, retain only preserve lands within the critical 
habitat designation, on the premise that they encompass areas essential 
for conservation of the species within the HCP area and require special 
management and protection in the future. However, under this approach, 
the exclusion of areas outside the preserve lands from critical habitat 
would occur automatically upon issuance of the incidental take permit. 
The public would be notified and have the opportunity to comment on the 
boundaries of the preserve lands and the revision of designated 
critical habitat during the public review and comment process for HCP 
approval and permitting;
    (4) Remove designated critical habitat entirely from within the 
boundaries of an HCP when the plan is approved (including preserve 
lands), on the premise that the HCP establishes long-term commitments 
to conserve the species, and no additional special management or 
protection is required. This exclusion from critical habitat would 
occur automatically upon issuance of the incidental take permit. The 
public would be notified and have the opportunity to comment on the 
revision of designated critical habitat during the public notification 
process for HCP approval and permitting; or
    (5) Remove designated critical habitat entirely from within the 
boundaries of an HCP when the plan is approved (including preserve 
lands), on the premise that the HCP establishes long-term commitments 
to conserve the species, and no further special management or 
protection is required. Consistent with our listing program priorities, 
we would publish a proposed rule in the Federal Register to revise the 
critical habitat boundaries.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours.

[[Page 36527]]

Individual respondents may request that we withhold their home address 
from the rulemaking record, which we will honor to the extent allowable 
by law. In some circumstances, we would withhold from the rulemaking 
record a respondent's identity, as allowable by law. If you wish us to 
withhold your name and/or address, you must state this prominently at 
the beginning of your comment. However, we will not consider anonymous 
comments. We will make all submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, available 
for public inspection in their entirety.

Peer Review

    In accordance with our policy published in the Federal Register on 
July 1, 1994 (59 FR 34270), we will seek the expert opinions of at 
least three appropriate and independent specialists regarding this 
proposed rule. The purpose of such review is to ensure listing 
decisions are based on scientifically sound data, assumptions, and 
analyses. We will send these peer reviewers copies of this proposed 
rule immediately following publication in the Federal Register. We will 
invite these peer reviewers to comment, during the public comment 
period, on the specific assumptions and conclusions regarding the 
proposed designation of critical habitat.
    We will consider all comments and information received during the 
60-day comment period on this proposed rule during preparation of a 
final rulemaking. Accordingly, the final decision may differ from this 
proposal.

Public Hearings

    The Act provides for one or more public hearings on this proposal, 
if requested. Given the large geographic extent covered by this 
proposal, the high likelihood of multiple requests, and the need to 
publish the final determination by January 1, 2001, we have scheduled 
two public hearings. The hearings are scheduled to be held in Valencia, 
California, on June 27, 2000, and in Temecula, California, on June 29, 
2000. Written comments submitted during the comment period are 
considered to be of equal weight as comments presented at a public 
hearing. For additional information on public hearings, see the 
ADDRESSES section.
    Anyone wishing to make an oral statement for the record is 
encouraged to provide a written copy of their statement and present it 
to us at the hearing. In the event of large attendance, the time 
allotted for oral statements may be limited. Oral and written 
statements receive equal consideration. There are no limits to the 
length of written comments presented at the hearing or mailed to us. 
Legal notices announcing the date, time, and location of the hearings 
are published in the ADDRESSES section of this Federal Register notice.

Clarity of the Rule

    Executive Order 12866 requires each agency to write regulations/
notices that are easy to understand. We invite your comments on how to 
make proposed rules easier to understand including answers to questions 
such as the following: (1) Are the requirements in the document clearly 
stated? (2) Does the proposed rule contain technical language or jargon 
that interferes with the clarity? (3) Does the format of the proposed 
rule (grouping and order of sections, use of headings, paragraphing, 
etc.) aid or reduce its clarity? (4) Is the description of the proposed 
rule in the SUPPLEMENTARY INFORMATION section of the preamble helpful 
in understanding the proposed rule? What else could we do to make the 
proposed rule easier to understand?

Required Determinations

Regulatory Planning and Review

    In accordance with Executive Order 12866, this document is a 
significant rule and has been reviewed by the Office of Management and 
Budget (OMB), under Executive Order 12866.
    (a) This rule will not have an annual economic effect of $100 
million or more or adversely affect an economic sector, productivity, 
jobs, the environment, or other units of government. The arroyo toad 
was listed as an endangered species in 1994. In fiscal years 1994 
through 1999, the Ventura and Carlsbad Fish and Wildlife Offices 
conducted 27 and 55, respectively, formal section 7 consultations with 
other Federal agencies to ensure that their actions would not 
jeopardize the continued existence of the arroyo toad.
    Under the Act, critical habitat may not be adversely modified by a 
Federal agency action; critical habitat does not impose any 
restrictions on non-Federal persons unless they are conducting 
activities funded or otherwise sponsored, authorized, or permitted by a 
Federal agency. Section 7 requires Federal agencies to ensure that they 
do not jeopardize the continued existence of the species. Based upon 
our experience with the species and its needs, we conclude that any 
Federal action or authorized action that could potentially cause an 
adverse modification of the proposed critical habitat would currently 
be considered as ``jeopardy'' under the Act (see Table 3). Accordingly, 
the designation of currently occupied areas as critical habitat does 
not have any incremental impacts on what actions may or may not be 
conducted by Federal agencies or non-Federal persons that receive 
Federal authorization or funding. Non-Federal persons that do not have 
a Federal ``sponsorship'' of their actions are not restricted by the 
designation of critical habitat (however, they continue to be bound by 
the provisions of the Act concerning ``take'' of the species).

                    Table 3.--Impacts of Arroyo Toad Listing and Critical Habitat Designation
----------------------------------------------------------------------------------------------------------------
                                                                                          Additional activities
                                          Activities potentially affected by species     potentially affected by
       Categories of activities                        listing only \1\                      critical habitat
                                                                                             designation \2\
----------------------------------------------------------------------------------------------------------------
Federal Activities Potentially         Removing, degrading, or destroying arroyo toad    None.
 Affected \3\.                          habitat (as defined in the primary constituent
                                        elements discussion), whether by activities
                                        such as road construction, grading, and
                                        maintenance; fencing; off-road vehicle use;
                                        airport improvement activities; road right-of-
                                        way designation; overgrazing; mining activities
                                        including suction dredging; recreational
                                        activities including development of
                                        campgrounds; changes in long and short-term
                                        water flows including damming, diversion,
                                        alteration by agriculture and urbanization, and
                                        channelization; military training and
                                        maneuvers; licensing for construction of
                                        communication sites; chemical, or other means
                                        including herbicide or pesticide application,
                                        etc.); and appreciably decreasing habitat value
                                        or quality through indirect effects (edge
                                        effects, invasion of exotic plants or animals,
                                        or fragmentation that the Federal Government
                                        carries out.

[[Page 36528]]

 
Private Activities Potentially         Removing, degrading, or destroying arroyo toad    None.
 Affected \4\.                          habitat (as defined in the primary constituent
                                        elements discussion), whether by activities
                                        such as road construction, grading, and
                                        maintenance; fencing; off-road vehicle use;
                                        airport improvement activities; road right-of-
                                        way designation; overgrazing; mining activities
                                        including suction dredging; recreational
                                        activities including development of
                                        campgrounds; changes in long and short-term
                                        water flows including damming, diversion,
                                        alteration by agriculture and urbanization, and
                                        channelization; military training and
                                        maneuvers; licensing for construction of
                                        communication sites; chemical, or other means
                                        including herbicide or pesticide application,
                                        etc.); and appreciably decreasing habitat value
                                        or quality through indirect effects (edge
                                        effects, invasion of exotic plants or animals,
                                        or fragmentation) that require a Federal action
                                        (permit, authorization, or funding).
----------------------------------------------------------------------------------------------------------------
\1\ This column represents the activities potentially affected by listing the arroyo toad as an endangered
  species (December 16, 1994 (59 FR 64859) under the Endangered Species Act.
\2\ This column represents the activities potentially affected by the critical habitat designation in addition
  to those activities potentially affected by listing the species.
\3\ Activities initiated by a Federal agency.
\4\ Activities initiated by a private entity that may need Federal authorization or funding.

    (b) This rule will not create inconsistencies with other agencies' 
actions. As discussed above, Federal agencies have been required to 
ensure that their actions do not jeopardize the continued existence of 
the arroyo toad since the listing in 1994. The prohibition against 
adverse modification of critical habitat is not expected to impose any 
additional restrictions to those that currently exist in occupied areas 
of proposed critical habitat.
    (c) This rule will not materially affect entitlements, grants, user 
fees, loan programs, or the rights and obligations of their recipients. 
Federal agencies are currently required to ensure that their activities 
do not jeopardize the continued existence of the species, and, as 
discussed above, we do not anticipate that the adverse modification 
prohibition (resulting from critical habitat designation) will have any 
incremental effects in areas of occupied habitat.
    (d) This rule will not raise novel legal or policy issues. The 
proposed rule follows the requirements for determining critical habitat 
contained in the Act.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    In the economic analysis (under section 4 of the Act), we will 
determine whether designation of critical habitat will have a 
significant effect on a substantial number of small entities. As 
discussed under Regulatory Planning and Review above, this rule is not 
expected to result in any restrictions in addition to those currently 
in existence for areas of occupied critical habitat. As indicated on 
Table 2 (see Proposed Critical Habitat Designation section), we 
designated property owned by Federal, Tribal, State, and local 
governments, and private property.
    Within these areas, the types of Federal actions or authorized 
activities that we have identified as potential concerns are:
    (1) Regulation of activities affecting waters of the United States 
by the Army Corps under section 404 of the Clean Water Act;
    (2) Regulation of water flows, damming, diversion, and 
channelization by any Federal agencies;
    (3) Road construction and maintenance, right-of-way designation, 
and regulation of agricultural activities on Federal lands (such as 
those managed by the Service, Forest Service, DOD, or BLM);
    (4) Regulation of grazing, mining, and recreation by the BLM, 
Department of Defense, Army Corps, or Forest Service;
    (5) Regulation of airport improvement activities by the Federal 
Aviation Administration;
    (6) Military training and maneuvers on Fort Hunter Liggett, Camp 
Pendleton, and other applicable DOD lands;
    (7) Construction of roads and fences along the international border 
with Mexico, and associated immigration enforcement activities by the 
INS;
    (8) Licensing of construction of communication sites by the Federal 
Communications Commission, and;
    (9) Funding of activities by the U.S. Environmental Protection 
Agency, Department of Energy, Federal Emergency Management Agency, 
Federal Highway Administration, or any other Federal agency.
    Many of the activities sponsored by Federal agencies within the 
proposed critical habitat areas are carried out by small entities (as 
defined by the Regulatory Flexibility Act) through contract, grant, 
permit, or other Federal authorization. As discussed above, these 
actions are currently required to comply with the listing protections 
of the Act, and the designation of occupied areas as critical habitat 
is not anticipated to have any additional effects on these activities.
    For actions on non-Federal property that do not have a Federal 
connection (such as funding or authorization), the current restrictions 
concerning take of the species remain in effect, and this rule will 
have no additional restrictions.

Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 
804(2))

    In the economic analysis, we will determine whether designation of 
critical habitat will cause (a) any effect on the economy of $100 
million or more; (b) any increases in costs or prices for consumers, 
individual industries, Federal, State, or local government agencies, or 
geographic regions; or (c) any significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. As discussed above, we anticipate that the designation of 
critical habitat will not have any additional effects on these 
activities in areas of critical habitat occupied by the species.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.):
    (a) This rule will not ``significantly or uniquely'' affect small 
governments. A Small Government Agency Plan is not required. Small 
governments will be affected only to the extent that any

[[Page 36529]]

programs having Federal funds, permits, or other authorized activities 
must ensure that their actions will not destroy or adversely modify the 
critical habitat. However, as discussed above, these actions are 
currently subject to equivalent restrictions through the listing 
protections of the species, and no further restrictions are anticipated 
to result from critical habitat designation of occupied areas.
    (b) This rule will not produce a Federal mandate of $100 million or 
greater in any year; i.e., it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act. The designation of 
critical habitat imposes no obligations on State or local governments.

Takings

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A takings implication assessment is 
not required. As discussed above, the designation of critical habitat 
affects only Federal agency action. The rule will not increase or 
decrease the current restrictions on private property concerning take 
of the arroyo toad. Due to current public knowledge of the species 
protection, the prohibition against take of the species both within and 
outside of the designated areas, and the fact that critical habitat 
provides no incremental restrictions, we do not anticipate that 
property values will be affected by the critical habitat designation. 
Additionally, critical habitat designation does not preclude 
development of habitat conservation plans and issuance of incidental 
take permits. Owners of areas that are included in the designated 
critical habitat will continue to have opportunity to utilize their 
property in ways consistent with the survival of the arroyo toad.

Federalism

    In accordance with Executive Order 13132, the 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 proposal with appropriate State 
resource agencies in California. We will continue to coordinate any 
future designation of critical habitat for the arroyo toad with the 
appropriate State agencies. The designation of critical habitat in 
areas currently occupied by the arroyo toad imposes no additional 
restrictions to those currently in place and, therefore, has little 
incremental impact on State and local governments and their activities. 
The designation may have some benefit to these governments in that the 
areas essential to the conservation of the species are more clearly 
defined, and the primary constituent elements of the habitat necessary 
to the survival of the species are specifically identified. While 
making this definition and identification does not alter where and what 
federally sponsored activities may occur, it may assist these local 
governments in long-range planning (rather than waiting for case-by-
case section 7 consultations to occur).

Civil Justice Reform

    In accordance with Executive Order 12988, the Office of the 
Solicitor has 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 propose to designate critical habitat in accordance 
with the provisions of the Act, and will hold public hearings on the 
proposed designation during the comment period. The rule uses standard 
property descriptions and identifies the primary constituent elements 
within the designated areas to assist the public in understanding the 
habitat needs of the arroyo toad.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This rule does not contain any information collection requirements 
that require Office of Management and Budget approval under the 
Paperwork Reduction Act.

National Environmental Policy Act

    We have determined that we do not need to prepare an Environmental 
Assessment and/or an Environmental Impact Statement as defined by the 
National Environmental Policy Act of 1969 in connection with 
regulations adopted pursuant to section 4(a) of the Act. We published a 
notice outlining our reasons for this determination in the Federal 
Register on October 25, 1983 (48 FR 49244).

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) and 512 DM 2, we understand that we must 
coordinate with federally recognized Tribes on a Government-to-
Government basis.
    We determined that certain Tribal lands are essential for the 
conservation of the arroyo toad because they support essential 
populations and habitat, and activities conducted or planned on those 
lands may adversely affect the conservation of the arroyo toad. 
Therefore, we are considering designating critical habitat for the 
arroyo toad on Tribal lands. We may exclude areas from critical habitat 
upon a determination that the benefits of such exclusions outweigh the 
benefits of specifying such areas as critical habitat according to 
section 4(b)(2) of the Act. However, we cannot exclude such areas from 
critical habitat when such exclusion will result in the extinction of 
the species. Due to the short amount of time allowed under the 
settlement agreement for preparing this rule, we have not yet consulted 
with the affected Tribes, but we will do so before making a final 
decision on critical habitat.

References Cited

    Barto, W.S. 1999. Predicting potential habitat for the arroyo 
toad (Bufo microscaphus californicus) in San Diego County using a 
habitat suitability model and digital terrain data. Unpublished 
Masters thesis, San Diego State University. vii + 135 pp.
    Gergus, E.W.A. 1998. Systematics of the Bufo microscaphus 
complex: allozyme evidence. Herpetologica 54(3): 317-325.
    Griffin, P.C., T.J. Case, and R.N. Fisher. 1999. Radio telemetry 
study of Bufo californicus, arroyo toad movement patterns and 
habitat preferences. Contract report to California Department of 
Transportation Southern Biology Pool. v + 66 pp.
    Jennings, M.R., and M.P. Hayes. 1994. Amphibian and reptile 
species of special concern in California. Final report to the 
California Department of Fish and Game, Inland Fisheries Division, 
Rancho Cordova, California. Contract 8023. iii + 255 pp.
    Ramirez, R. S., Jr. 2000. Arroyo toad (Bufo californicus) radio 
telemetry study, Little Rock Creek, Los Angeles County, California. 
Interim Report. Prepared for U.S.D.A. Forest Service, Angeles 
National Forest, Arcadia, California. 62 + v pp., plus appendix.
    U.S. Fish and Wildlife Service. 1999. Arroyo southwestern toad 
(Bufo microscaphus californicus) recovery plan. U.S. Fish and 
Wildlife Service, Portland, Oregon. vi + 119 pp.
    U.S. Forest Service. 1999. Untitled, unpublished document 
regarding arroyo toad findings on Piru Creek. Los Padres National 
Forest, Mt. Pinos Ranger District. 4 pp.

Author(s)

    The primary authors of this proposed rule are Grace McLaughlin 
(Ventura) and John Stephenson (Carlsbad) (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and

[[Page 36530]]

recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

    For the reasons given in the preamble, we propose to amend 50 CFR 
part 17 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 Sec. 17.11(h) revise the entry for ``Toad, arroyo 
southwestern'' under ``AMPHIBIANS'' to read as follows:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species                                                     Vertebrate
--------------------------------------------------------                         population where                                   Critical    Special
                                                            Historic range         endangered or         Status      When listed    habitat      rules
           Common name                Scientific name                               threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                   *                  *                  *                  *                  *                  *                  *
            Amphibians
 
 
                   *                  *                  *                  *                  *                  *                 *
Toad, arroyo (= arroyo south-      Bufo microscaphus     U.S.A. (CA), Mexico.  Entire..............  E                       568     17.95(d)         NA
 western).                          californicus.
 
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3. Amend Sec. 17.95(d) by adding critical habitat for the arroyo 
southwestern toad (Bufo microscaphus californicus), in the same 
alphabetical order as the species occurs in Sec. 17.11(h).


Sec. 17.95  Critical habitat--fish and wildlife.

* * * * *
    (d) Amphibians.
* * * * *
    Arroyo southwestern toad (Bufo microscaphus californicus)
    1. Critical habitat units are depicted for Monterey, Santa Barbara, 
Ventura, Los Angeles, San Bernardino, Riverside, Orange, and San Diego 
counties, California, on the maps below.
    2. Critical habitat includes stream and river courses, riparian 
habitats, and terrace and upland habitats up to 25 m (80 ft) elevation 
above the stream course and within 1.5 km (0.9 mi) from the stream 
course.
    3. Within these areas, primary constituent elements for the arroyo 
toad include a hydrologic regime that supplies sufficient flowing water 
of suitable quality at the appropriate times to provide space, food, 
and cover needed to sustain eggs, tadpoles, metamorphosing juveniles, 
and adult breeding toads; low-gradient stream segments (typically less 
than 4 percent) with sandy or fine gravel substrates which support the 
formation of shallow pools and sparsely vegetated sand and gravel bars 
for breeding and rearing of tadpoles and juveniles; a natural flooding 
regime or one sufficiently corresponding to a natural regime that will 
periodically scour riparian vegetation, rework stream channels and 
terraces, and redistribute sands and sediments, such that adequate 
numbers and sizes of breeding pools and sufficient terrace habitats 
with appropriate vegetation are maintained to provide for the needs of 
all life stages of the toad; upland habitats of sufficient width and 
quality (i.e., with areas of loose, sandy soil where toads can burrow 
underground) to provide foraging and living areas for subadult and 
adult arroyo toads (loose, sandy soils are typically most prevalent on 
alluvial terraces and valley bottomlands and occur primarily, but not 
exclusively, within 1.5 km (0.9 mi) of the streamcourse and less than 
25 m (80 ft) in elevation above the adjacent stream channel); few or no 
nonnative species that prey upon or compete with arroyo toads, or 
degrade their habitat; stream channels and upland habitats where 
manmade barriers do not completely or substantially impede migration to 
overwintering sites, dispersal between populations, or recolonization 
of unoccupied areas that contain suitable habitat; and habitats free 
of, or with limited levels of, land use activities that substantially 
reconfigure stream channels, remove or impede the deposition of sand 
and gravel deposits, compact soils, or crush individual toads (see maps 
labeled Index 1 and Index 2 for overview of proposed critical habitat).
BILLING CODE 4310-55-P

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BILLING CODE 4310-55-C
    Map Unit 1: San Antonio River, Monterey County, California. From 
USGS 1:24,000 quadrangle maps Bear Canyon, Cosio Knob, Alder Peak, 
Jolon, and Williams Hill. In UTM Zone 10, the lands, primarily on Fort 
Hunter Liggett Military Reservation, bounded by the following UTM NAD27 
coordinates (E,N): 651000, 3993000; 654000, 3993000; 654000, 3991000; 
655000, 3991000; 655000, 3990000; 656000, 3990000; 656000, 3989000; 
658000, 3989000; 658000, 3988000; 659000, 3988000; 659000, 3986000; 
660000, 3986000; 660000, 3985000; 661000, 3985000; 661000, 3984000; 
663000, 3984000; 663000, 3983000; 665000, 3983000; 665000, 3982000; 
666000, 3982000; 666000, 3981000; 667000, 3981000; 667000, 3979000; 
669000, 3979000; 669000, 3978000; 670000, 3978000; 670000, 3976000; 
671000, 3976000; 671000, 3975000; 672000, 3975000; 672000, 3976000; 
673000, 3976000; 673000, 3975000; 675000, 3975000; 675000, 3973000; 
669000, 3973000; 669000, 3974000; 668000, 3974000; 668000, 3975000; 
667000, 3975000; 667000, 3976000; 666000, 3976000; 666000, 3977000; 
665000, 3977000; 665000, 3978000; 663000, 3978000; 663000, 3979000; 
662000, 3979000; 662000, 3980000; 660000, 3980000; 660000, 3982000; 
659000, 3982000; 659000, 3983000; 657000, 3983000; 657000, 3986000; 
656000, 3986000; 656000, 3988000; 654000, 3988000; 654000, 3989000; 
653000, 3989000; 653000, 3990000; 652000, 3990000; 652000, 3992000; 
651000, 3992000; 651000, 3993000.
BILLING CODE 4310-55-P

[[Page 36534]]

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BILLING CODE 4310-55-C
    Map Unit 2; Sisquoc River, Santa Barbara and San Luis Obispo 
counties, California. From USGS 1:24,000 quadrangle maps Twitchell Dam, 
Sisquoc, Foxen Canyon, Zaca Lake, Bald Mtn., and Hurricane Deck. In UTM 
Zone 10, the lands bounded by the following UTM NAD27 coordinates 
(E,N): 748000, 3867000; 748000, 3864000; 749000, 3864000; 749000, 
3863000; 750000, 3863000; 750000, 3862000; 751000, 3862000; 751000, 
3863000; 752000, 3863000; 752000, 3861000; 757000, 3861000; 757000, 
3860000; 760000, 3860000; 760000, 3859000; 765000, 3859000; 765000, 
3860000; 767000, 3860000; 767000, 3861000; 771000, 3861000; 771000, 
3860000; 773000, 3860000; 773000, 3859000; 775000, 3859000; 775000, 
3857000; 773000, 3857000; 773000, 3858000; 771000, 3858000; 771000, 
3859000; 766000, 3859000; 766000, 3858000; 764000, 3858000; 764000, 
3857000; 760000, 3857000; 760000, 3858000; 759000, 3858000; 759000, 
3857000; 758000, 3857000; 758000, 3858000; 753000, 3858000; 753000, 
3859000; 750000, 3859000; 750000, 3860000; 747000, 3860000; 747000, 
3861000; 746000, 3861000; 746000, 3862000; 745000, 3862000; 745000, 
3864000; 744000, 3864000; 744000, 3866000; 745000, 3866000; 745000, 
3867000. In UTM zone 11, the lands bounded by the following UTM NAD83 
coordinates (E,N): 231000, 3861000; 233000, 3861000; 233000, 3859000; 
236000, 3859000; 236000, 3858000; 239000, 3858000; 239000, 3857000; 
242000, 3857000; 242000, 3856000; 244000, 3856000; 244000, 3854000; 
243000, 3854000; 243000, 3855000; 239000, 3855000; 239000, 3856000; 
237000, 3856000; 237000, 3857000; 234000, 3857000; 234000, 3858000; 
231000, 3858000; 231000, 3857000; 225000, 3857000; 225000, 3858000; 
228000, 3858000; 228000, 3859000; 230000, 3859000; 230000, 3860000; 
231000, 3860000; 231000, 3861000.
    All remaining critical habitat units are in UTM zone 11, North 
American Datum 1927 (NAD27).
    Map Unit 3; Upper Santa Ynez River Basin, Santa Barbara County, 
California. From USGS 1:24,000 quadrangle maps Little Pine Mtn., 
Hildreth Peak, and Carpinteria, the lands bounded by the following UTM 
coordinates (E,N): 261000,3833000; 263000,3833000; 263000,3832000; 
262000,3832000; 262000,3831000; 261000,3831000; 261000,3826000; 
260000,3826000; 260000,3822000; 261000,3822000; 261000,3823000; 
263000,3823000; 263000,3822000; 264000,3822000; 264000,3821000; 
266000,3821000; 266000,3820000; 270000,3820000; 270000,3818000; 
266000,3818000; 266000,3819000; 264000,3819000; 264000,3820000; 
263000,3820000; 263000,3821000; 261000,3821000; 261000,3820000; 
260000,3820000; 260000,3821000; 258000,3821000; 258000,3822000; 
257000,3822000; 257000,3823000; 256000,3823000; 256000,3824000; 
257000,3824000;

[[Page 36535]]

257000,3826000; 256000,3826000; 256000,3827000; 255000,3827000; 
255000,3828000; 254000,3828000; 254000,3830000; 256000,3830000; 
256000,3828000; 257000,3828000; 257000,3827000; 259000,3827000; 
259000,3830000; 260000,3830000; 260000,3832000; 261000,3832000; 
261000,3833000.
BILLING CODE 4310-55-P
[GRAPHIC] [TIFF OMITTED] TP08JN00.004

BILLING CODE 4310-55-C
    Map Unit 4; Sespe Creek, Ventura County, California. From USGS 
1:24,000 quadrangle maps Wheeler Springs, Lion Canyon, Topatopa Mts., 
and Devil's Heart Peak, the lands bounded by the following UTM 
coordinates (E,N): 292000,38290; 294000,3829000; 294000,3828000; 
293000,3828000; 293000,3827000; 312000,3827000; 312000,3828000; 
320000,3828000; 320000,3827000; 321000,3827000; 321000,3826000; 
319000,3826000; 319000,3827000; 317000,3827000; 317000,3826000; 
316000,3826000; 316000,3827000; 315000,3827000; 315000,3826000; 
311000,3826000; 311000,3825000; 291000,3825000; 291000,3827000; 
292000,3827000; 292000,3829000.
BILLING CODE 4310-55-P

[[Page 36536]]

[GRAPHIC] [TIFF OMITTED] TP08JN00.005

BILLING CODE 4310-55-C
    Map Unit 5; Piru Creek, Ventura and Los Angeles counties, 
California. Unit 5A: From USGS 1:24,000 quadrangle maps Lockwood 
Valley, Alamo Mtn., and Black Mtn., the lands upstream of Pyramid Lake 
bounded by the following UTM coordinates (E,N): 318000,3843000; 
323000,3843000; 323000,3842000; 324000,3842000; 324000,3841000; 
328000,3841000; 328000,3842000; 330000,3842000; 330000,3841000; 
332000,3841000; 332000,3839000; 333000,3839000; 333000,3838000; 
334000,3838000; 334000,3836000; 332000,3836000; 332000,3837000; 
331000,3837000; 331000,3839000; 330000,3839000; 330000,3840000; 
328000,3840000; 328000,3839000; 324000,3839000; 324000,3840000; 
323000,3840000; 323000,3841000; 321000,3841000; 321000,3842000; 
319000,3842000; 319000,3841000; 316000,3841000; 316000,3842000; 
318000,3842000; 318000,3843000. Unit 5B: From USGS 1:24,000 quadrangle 
maps Black Mtn., Liebre Mtn., Whitaker Peak, and Cobblestone Mtn, the 
lands between Pyramid Lake and Lake Piru bounded by the following UTM 
coordinates (E,N): 338000,3835000; 339000,3835000; 339000,3834000; 
341000,3834000; 341000,3831000; 340000,3831000; 340000,3830000; 
338000,3830000; 338000,3824000; 339000,3824000; 339000,3823000; 
340000,3823000; 340000,3820000; 339000,3820000; 339000,3819000; 
338000,3819000; 338000,3823000; 335000,3823000; 335000,3824000; 
334000,3824000; 334000,3825000; 336000,3825000; 336000,3829000; 
335000,3829000; 335000,3832000; 339000,3832000; 339000,3833000; 
338000,3833000; 338000,3835000.
BILLING CODE 4310-55-P

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[GRAPHIC] [TIFF OMITTED] TP08JN00.006

BILLING CODE 4310-55-C
    Map Unit 6; Upper Santa Clara River basin, Los Angeles County, 
California. Unit 6a: From USGS 1:24,000 quadrangle maps Liebre Mtn. and 
Whitaker Peak, the lands, upstream of Castaic Lake, bounded by the 
following UTM coordinates (E,N): 347000,3836000; 348000,3836000; 
348000,3832000; 349000,3832000; 349000,3830000; 348000,3830000; 
348000,3829000; 349000,3829000; 349000,3828000; 350000,3828000; 
350000,3826000; 348000,3826000; 348000,3828000; 347000,3828000; 
347000,3833000; 346000,3833000; 346000,3835000; 347000,3835000; 
347000,3836000. Unit 6b: From USGS 1:24,000 quadrangle maps Warm 
Springs Mtn., Green Valley, Val Verde, Newhall, Mint Mtn. and Agua 
Dulce, the lands bounded by the following UTM coordinates (E,N): 
365000,3827000; 367000,3827000; 367000,3825000; 364000,3825000; 
364000,3824000; 362000,3824000; 362000,3823000; 361000,3823000; 
361000,3822000; 360000,3822000; 360000,3818000; 359000,3818000; 
359000,3813000; 358000,3813000; 358000,3811000; 366000,3811000; 
366000,3810000; 368000,3810000; 368000,3811000; 371000,3811000; 
371000,3812000; 375000,3812000; 375000,3811000; 376000,3811000; 
376000,3810000; 372000,3810000; 372000,3809000; 370000,3809000; 
370000,3808000; 366000,3808000; 366000,3807000; 364000,3807000; 
364000,3808000; 363000,3808000; 363000,3809000; 361000,3809000; 
361000,3808000; 359000,3808000; 359000,3809000; 354000,3809000; 
354000,3810000; 351000,3810000; 351000,3809000; 348000,3809000; 
348000,3811000; 350000,3811000; 350000,3814000; 351000,3814000; 
351000,3819000; 353000,3819000; 353000,3813000; 354000,3813000; 
354000,3812000; 356000,3812000; 356000,3815000; 357000,3815000; 
357000,3817000; 358000,3817000; 358000,3821000; 359000,3821000; 
359000,3823000; 360000,3823000; 360000,3825000; 362000,3825000; 
362000,3826000; 365000,3826000; 365000,3827000.
    Map Unit 7; Upper Los Angeles River basin, Los Angeles County, 
California. Unit 7a: From USGS 1:24,000 quadrangle maps San Fernando, 
Sunland and Condor Peak, the lands in the Big Tujunga Creek basin 
bounded by the following UTM coordinates (E,N): 382000,3797000; 
385000,3797000; 385000,3796000; 387000,3796000; 387000,3795000; 
388000,3795000; 388000,3794000; 389000,3794000; 389000,3795000; 
390000,3795000; 390000,3796000; 391000,3796000; 391000,3794000; 
390000,3794000; 390000,3793000; 387000,3793000; 387000,3794000; 
386000,3794000; 386000,3795000; 382000,3795000; 382000,3793000; 
380000,3793000; 380000,3792000; 379000,3792000; 379000,3791000; 
378000,3791000; 378000,3792000; 376000,3792000; 376000,3791000; 
375000,3791000; 375000,3792000; 373000,3792000; 373000,3794000; 
380000,3794000; 380000,3795000; 381000,3795000; 381000,3796000; 
382000,3796000;

[[Page 36538]]

382000,3797000. Unit 7b: From USGS 1:24,000 quadrangle maps Condor Peak 
and Chilao Flat, the lands bounded by the following UTM coordinates 
(E,N): 397000,3802000; 399000,3802000; 399000,3799000; 398000,3799000; 
398000,3798000; 402000,3798000; 402000,3799000; 404000,3799000; 
404000,3797000; 403000,3797000; 403000,3795000; 401000,3795000; 
401000,3796000; 393000,3796000; 393000,3795000; 392000,3795000; 
392000,3796000; 391000,3796000; 391000,3797000; 393000,3797000; 
393000,3798000; 396000,3798000; 396000,3800000; 397000,3800000; 
397000,3802000. Unit 7c: From USGS 1:24,000 quadrangle maps Condor Peak 
and Pasadena, the lands bounded by the following UTM coordinates (E,N): 
391000,3791000; 392000,3791000; 392000,3787000; 393000,3787000; 
393000,3783000; 391000,3783000; 391000,3789000; 390000,3789000; 
390000,3790000; 391000,3790000; 391000,3791000
BILLING CODE 4310-55-P
[GRAPHIC] [TIFF OMITTED] TP08JN00.007

BILLING CODE 4310-55-C
    Map Unit 8; Santiago Creek, Orange County. From USGS 1:24,000 
quadrangle maps Black Star Canyon and El Toro, the lands bounded by the 
following UTM coordinates (E,N): 438000,3739000; 439000,3739000; 
439000,3737000; 440000,3737000; 440000,3736000; 439000,3736000; 
439000,3734000; 437000,3734000; 437000,3736000; 436000,3736000; 
436000,3738000; 438000,3738000; 438000,3739000.
BILLING CODE 4310-55-P

[[Page 36539]]

[GRAPHIC] [TIFF OMITTED] TP08JN00.008

BILLING CODE 4310-55-C
    Map Unit 9; San Jacinto River and Bautista Creek, Riverside County. 
From USGS 1:24,000 quadrangle maps San Jacinto, Lake Fulmor, Hemet and 
Blackburn Canyon, the lands bounded by the following UTM coordinates 
(E,N): 508000,3737000; 509000,3737000; 509000,3736000; 512000,3736000; 
512000,3735000; 514000,3735000; 514000,3734000; 517000,3734000; 
517000,3733000; 518000,3733000; 518000,3732000; 519000,3732000; 
519000,3730000; 518000,3730000; 518000,3731000; 517000,3731000; 
517000,3732000; 513000,3732000; 513000,3733000; 511000,3733000; 
511000,3732000; 512000,3732000; 512000,3731000; 513000,3731000; 
513000,3730000; 514000,3730000; 514000,3729000; 515000,3729000; 
515000,3727000; 516000,3727000; 516000,3725000; 517000,3725000; 
517000,3724000; 518000,3724000; 518000,3723000; 519000,3723000; 
519000,3722000; 520000,3722000; 520000,3721000; 517000,3721000; 
517000,3723000; 516000,3723000; 516000,3724000; 515000,3724000; 
515000,3726000; 514000,3726000; 514000,3727000; 513000,3727000; 
513000,3728000; 512000,3728000; 512000,3729000; 511000,3729000; 
511000,3730000; 510000,3730000; 510000,3729000; 509000,3729000; 
509000,3735000; 507000,3735000; 507000,3736000; 508000,3736000; 
508000,3737000.
    Map Unit 10; San Juan and Trabuco Creeks, Orange and Riverside 
counties, California.
    Unit 10a: From USGS 1:24,000 quadrangle maps Dana Point, San Juan 
Capistrano, Canada Gobernadora and Sitton Peak, the lands bounded by 
the following UTM coordinates (E,N): 459000,3720000; 461000,3720000; 
461000,3719000; 460000,3719000; 460000,3718000; 459000,3718000; 
459000,3717000; 457000,3717000; 457000,3716000; 452000,3716000; 
452000,3715000; 451000,3715000; 451000,3714000; 450000,3714000; 
450000,3710000; 449000,3710000; 449000,3708000; 447000,3708000; 
447000,3707000; 446000,3707000; 446000,3708000; 444000,3708000; 
444000,3709000; 443000,3709000; 443000,3708000; 442000,3708000; 
442000,3707000; 441000,3707000; 441000,3705000; 436000,3705000; 
436000,3706000; 437000,3706000; 437000,3708000; 439000,3708000; 
439000,3709000; 441000,3709000; 441000,3710000; 443000,3710000; 
443000,3711000; 444000,3711000; 444000,3710000; 448000,3710000; 
448000,3711000; 447000,3711000; 447000,3716000; 448000,3716000; 
448000,3714000; 449000,3714000; 449000,3716000; 451000,3716000; 
451000,3717000; 452000,3717000; 452000,3718000; 457000,3718000; 
457000,3719000; 459000,3719000; 459000,3720000.
    Unit 10b: From USGS 1:24,000 quadrangle maps Santiago Peak and 
Canada Gobernadora, the lands bounded by the following UTM coordinates 
(E,N): 446000,3726000; 450000,3726000; 450000,3725000; 448000,3725000; 
448000,3724000; 446000,3724000; 446000,3723000; 445000,3723000; 
445000,3722000; 444000,3722000; 444000,3721000; 443000,3721000; 
443000,3720000; 442000,3720000; 442000,3723000; 443000,3723000; 
443000,3724000; 444000,3724000; 444000,3725000; 446000,3725000; 
446000,3726000.
FILLING CODE 4310-55-P

[[Page 36540]]

[GRAPHIC] [TIFF OMITTED] TP08JN00.009

BILLING CODE 4310-55-C
    Map Unit 11; San Mateo and San Onofre Basins, Orange and Riverside 
counties, California. From USGS 1:24,000 quadrangle maps San Clemente, 
Margarita Peak, Canada Gobernadora and San Onofre Bluff, the lands 
bounded by the following UTM coordinates (E,N): 450000,3707000; 
451000,3707000; 451000,3706000; 452000,3706000; 452000,3704000; 
453000,3704000; 453000,3705000; 454000,3705000; 454000,3704000; 
456000,3704000; 456000,3705000; 458000,3705000; 458000,3703000; 
456000,3703000; 456000,3702000; 455000,3702000; 455000,3701000; 
454000,3701000; 454000,3700000; 453000,3700000; 453000,3699000; 
452000,3699000; 452000,3697000; 448000,3697000; 448000,3696000; 
447000,3696000; 447000,3695000; 450000,3695000; 450000,3696000; 
453000,3696000; 453000,3697000; 454000,3697000; 454000,3699000; 
455000,3699000; 455000,3700000; 456000,3700000; 456000,3696000; 
457000,3696000; 457000,3697000; 459000,3697000; 459000,3696000; 
458000,3696000; 458000,3695000; 457000,3695000; 457000,3694000; 
454000,3694000; 454000,3693000; 453000,3693000; 453000,3694000; 
450000,3694000; 450000,3693000; 449000,3693000; 449000,3692000; 
447000,3692000; 447000,3693000; 444000,3693000; 444000,3696000; 
445000,3696000; 445000,3698000; 446000,3698000; 446000,3703000; 
447000,3703000; 447000,3705000; 450000,3705000; 450000,3707000.
    Map Unit 12; Lower Santa Margarita Basin, San Diego County, 
California. From USGS 1:24,000 quadrangle maps Fallbrook, Temecula, 
Morro Hill, Las Pulgas Canyon, Oceanside and San Luis Rey, the lands 
bounded by the following UTM coordinates (E,N): 470000,3702000; 
472000,3702000; 472000,3701000; 471000,3701000; 471000,3695000; 
472000,3695000; 472000,3696000; 476000,3696000; 476000,3697000; 
477000,3697000; 477000,3698000; 478000,3698000; 478000,3697000; 
479000,3697000; 479000,3698000; 480000,3698000; 480000,3699000; 
481000,3699000; 481000,3700000; 482000,3700000; 482000,3699000; 
483000,3699000; 483000,3698000; 482000,3698000; 482000,3697000; 
481000,3697000; 481000,3696000; 480000,3696000; 480000,3695000; 
479000,3695000; 479000,3696000; 477000,3696000; 477000,3695000; 
476000,3695000; 476000,3694000; 473000,3694000; 473000,3693000; 
472000,3693000; 472000,3692000; 471000,3692000; 471000,3690000; 
470000,3690000; 470000,3687000; 471000,3687000; 471000,3686000; 
470000,3686000; 470000,3685000; 469000,3685000; 469000,3684000; 
468000,3684000; 468000,3683000; 466000,3683000; 466000,3681000; 
467000,3681000; 467000,3678000; 465000,3678000; 465000,3677000; 
462000,3677000; 462000,3679000; 464000,3679000; 464000,3686000; 
467000,3686000; 467000,3688000; 468000,3688000; 468000,3690000; 
469000,3690000; 469000,3693000; 468000,3693000; 468000,3695000; 
467000,3695000; 467000,3696000; 470000,3696000; 470000,3697000; 
469000,3697000; 469000,3701000; 470000,3701000; 470000,3702000.
BILLING CODE 4310-55-P

[[Page 36541]]

[GRAPHIC] [TIFF OMITTED] TP08JN00.010

BILLING CODE 4310-55-C
    Map Unit 13; Upper Santa Margarita Basin, San Diego County, 
California. From USGS 1:24,000 quadrangle maps Sage, Vail Lake, 
Aquanga, Palomar Observatory and Warner Springs, the lands bounded by 
the following UTM coordinates (E,N): 502000,3707000; 507000,3707000; 
507000,3706000; 510000,3706000; 510000,3705000; 511000,3705000; 
511000,3704000; 510000,3704000; 510000,3703000; 509000,3703000; 
509000,3701000; 510000,3701000; 510000,3702000; 511000,3702000; 
511000,3701000; 514000,3701000; 514000,3699000; 515000,3699000; 
515000,3698000; 517000,3698000; 517000,3697000; 518000,3697000; 
518000,3696000; 520000,3696000; 520000,3695000; 521000,3695000; 
521000,3693000; 523000,3693000; 523000,3692000; 524000,3692000; 
524000,3691000; 523000,3691000; 523000,3690000; 522000,3690000; 
522000,3691000; 521000,3691000; 521000,3692000; 519000,3692000; 
519000,3693000; 518000,3693000; 518000,3694000; 517000,3694000; 
517000,3695000; 516000,3695000; 516000,3696000; 515000,3696000; 
515000,3697000; 514000,3697000; 514000,3698000; 511000,3698000; 
511000,3699000; 510000,3699000; 510000,3700000; 508000,3700000; 
508000,3701000; 507000,3701000; 507000,3698000; 506000,3698000; 
506000,3697000; 504000,3697000; 504000,3699000; 505000,3699000; 
505000,3700000; 504000,3700000; 504000,3701000; 502000,3701000; 
502000,3703000; 500000,3703000; 500000,3704000; 501000,3704000; 
501000,3706000; 502000,3706000; 502000,3707000.
    Map Unit 14; Lower and Middle San Luis Rey Basin, San Diego County, 
California. From USGS 1:24,000 quadrangle maps Pechanga, San Luis Rey, 
Morro Hill, Bonsall, Pala, Boucher Hill and Rodriguez Mtn., the lands 
bounded by the following UTM coordinates (E,N): 492000,3697000; 
493000,3697000; 493000,3693000; 494000,3693000; 494000,3692000; 
497000,3692000; 497000,3691000; 498000,3691000; 498000,3690000; 
499000,3690000; 499000,3689000; 500000,3689000; 500000,3688000; 
501000,3688000; 501000,3686000; 502000,3686000; 502000,3685000; 
503000,3685000; 503000,3684000; 504000,3684000; 504000,3683000; 
505000,3683000; 505000,3682000; 506000,3682000; 506000,3681000; 
508000,3681000; 508000,3680000; 506000,3680000; 506000,3679000; 
505000,3679000; 505000,3678000; 503000,3678000; 503000,3679000; 
504000,3679000; 504000,3680000; 503000,3680000; 503000,3681000; 
502000,3681000; 502000,3683000; 501000,3683000; 501000,3684000; 
499000,3684000; 499000,3685000; 498000,3685000; 498000,3689000; 
496000,3689000; 496000,3690000; 494000,3690000; 494000,3689000; 
490000,3689000; 490000,3688000; 489000,3688000; 489000,3687000; 
488000,3687000; 488000,3688000; 487000,3688000; 487000,3686000; 
488000,3686000; 488000,3685000; 486000,3685000; 486000,3686000; 
485000,3686000; 485000,3685000; 484000,3685000; 484000,3684000; 
481000,3684000; 481000,3682000; 480000,3682000; 480000,3681000; 
479000,3681000; 479000,3679000; 477000,3679000; 477000,3678000; 
475000,3678000; 475000,3677000; 473000,3677000; 473000,3678000; 
472000,3678000; 472000,3681000; 478000,3681000; 478000,3685000; 
479000,3685000; 479000,3686000;

[[Page 36542]]

480000,3686000; 480000,3687000; 484000,3687000; 484000,3688000; 
485000,3688000; 485000,3691000; 486000,3691000; 486000,3690000; 
487000,3690000; 487000,3691000; 488000,3691000; 488000,3690000; 
489000,3690000; 489000,3692000; 490000,3692000; 490000,3693000; 
491000,3693000; 491000,3694000; 492000,3694000; 492000,3697000.
BILLING CODE 4310-55-P
[GRAPHIC] [TIFF OMITTED] TP08JN00.011

BILLING CODE 4310-55-C
    Map Unit 15; Upper San Luis Rey Basin, San Diego County, 
California.
    Unit 15a: From USGS 1:24,000 quadrangle maps Palomar Observatory, 
Warner Springs and Hot Springs Mtn., the lands bounded by the following 
UTM coordinates (E,N): 530000,3691000; 532000,3691000; 532000,3690000; 
534000,3690000; 534000,3688000; 530000,3688000; 530000,3687000; 
531000,3687000; 531000,3686000; 530000,3686000; 530000,3684000; 
533000,3684000; 533000,3686000; 535000,3686000; 535000,3684000; 
534000,3684000; 534000,3682000; 532000,3682000; 532000,3681000; 
529000,3681000; 529000,3680000; 526000,3680000; 526000,3679000; 
523000,3679000; 523000,3684000; 525000,3684000; 525000,3685000; 
528000,3685000; 528000,3688000; 529000,3688000; 529000,3689000; 
530000,3689000; 530000,3691000.
    Unit 15b: From USGS 1:24,000 quadrangle map Palomar Observatory, 
the lands bounded by the following UTM coordinates (E,N): 
516000,3690000; 517000,3690000; 517000,3689000; 518000,3689000; 
518000,3688000; 519000,3688000; 519000,3687000; 516000,3687000; 
516000,3688000; 515000,3688000; 515000,3689000; 516000,3689000; 
516000,3690000.
BILLING CODE 4310-55-C

[[Page 36543]]

[GRAPHIC] [TIFF OMITTED] TP08JN00.012

BILLING CODE 4310-55-C
    Map Unit 16; Santa Ysabel Creek, San Diego County, California.
    Unit 16a: From USGS 1:24,000 quadrangle maps Mesa Grande, Ramona 
and San Pasqual, the lands bounded by the following UTM coordinates 
(E,N): 513000,3671000; 515000,3671000; 515000,3666000; 519000,3666000; 
519000,3665000; 521000,3665000; 521000,3664000; 515000,3664000; 
515000,3662000; 512000,3662000; 512000,3661000; 510000,3661000; 
510000,3663000; 512000,3663000; 512000,3664000; 513000,3664000; 
513000,3669000; 512000,3669000; 512000,3670000; 513000,3670000; 
513000,3671000.
    Unit 16b: From USGS 1:24,000 quadrangle maps Rodriguez Mtn. and San 
Pasqual, the lands bounded by the following UTM coordinates (E,N): 
507000,3675000; 510000,3675000; 510000,3672000; 509000,3672000; 
509000,3670000; 507000,3670000; 507000,3668000; 506000,3668000; 
506000,3667000; 507000,3667000; 507000,3665000; 506000,3665000; 
506000,3664000; 504000,3664000; 504000,3665000; 505000,3665000; 
505000,3667000; 504000,3667000; 504000,3669000; 505000,3669000; 
505000,3671000; 506000,3671000; 506000,3672000; 507000,3672000; 
507000,3675000.
    Unit 16c: From USGS 1:24,000 quadrangle maps Ramona and San 
Pasqual, the lands bounded by the following UTM coordinates (E,N): 
504000,3659000; 505000,3659000; 505000,3658000; 506000,3658000; 
506000,3657000; 507000,3657000; 507000,3656000; 508000,3656000; 
508000,3657000; 512000,3657000; 512000,3654000; 511000,3654000; 
511000,3653000; 506000,3653000; 506000,3654000; 504000,3654000; 
504000,3659000.
BILLING CODE 4310-55-P

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BILLING CODE 4310-55-C
    Map Unit 17; San Diego River and San Vicente Creek, San Diego 
County, California.
    Unit 17a: From USGS 1:24,000 quadrangle maps Ramona, El Cajon, Tule 
Springs and Santa Ysabel, the lands bounded by the following UTM 
coordinates (E,N): 516000,3653000; 521000,3653000; 521000,3652000; 
524000,3652000; 524000,3651000; 525000,3651000; 525000,3653000; 
526000,3653000; 526000,3649000; 525000,3649000; 525000,3647000; 
524000,3647000; 524000,3646000; 522000,3646000; 522000,3648000; 
523000,3648000; 523000,3650000; 521000,3650000; 521000,3651000; 
519000,3651000; 519000,3650000; 514000,3650000; 514000,3652000; 
516000,3652000; 516000,3653000.
    Unit 17b: From USGS 1:24,000 quadrangle map El Cajon Mtn., the 
lands bounded by the following UTM coordinates (E,N): 516000,3639000; 
519000,3639000; 519000,3638000; 516000,3638000; 516000,3639000.
    Unit 17c: From USGS 1:24,000 quadrangle maps San Vicente Reservoir, 
El Cajon, Alpine and El Cajon Mtn., the lands bounded by the following 
UTM coordinates (E,N): 511000,3639000; 514000,3639000; 514000,3637000; 
512000,3637000; 512000,3636000; 507000,3636000; 507000,3638000; 
511000,3638000; 511000,3639000.
BILING CODE 4310-55-P

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BILING CODE 4310-55-C
    Map Unit 18; Sweetwater River, San Diego County, California. Unit 
18a: From USGS 1:24,000 quadrangle maps Viejas Mountain (1988), 
Descanso (1960), Tule Springs (1988), and Cuyamaca Peak (1960), 
California. The lands bounded by the following UTM coordinates (E, N): 
543000,3649000; 544000,3649000; 544000,3646000; 543000,3646000; 
543000,3643000; 542000,3643000; 542000,3642000; 541000,3642000; 
541000,3641000; 540000,3641000; 540000,3639000; 538000,3639000; 
538000,3637000; 537000,3637000; 537000,3633000; 536000,3633000; 
536000,3632000; 531000,3632000; 531000,3631000; 528000,3631000; 
528000,3630000; 526000,3630000; 526000,3631000; 525000,3631000; 
525000,3632000; 524000,3632000; 524000,3633000; 525000,3633000; 
525000,3634000; 529000,3634000; 529000,3633000; 527000,3633000; 
527000,3632000; 530000,3632000; 530000,3633000; 532000,3633000; 
532000,3634000; 535000,3634000; 535000,3636000; 534000,3636000; 
534000,3637000; 535000,3637000; 535000,3638000; 537000,3638000; 
537000,3641000; 538000,3641000; 538000,3642000; 540000,3642000; 
540000,3644000; 541000,3644000; 541000,3645000; 542000,3645000; 
542000,3648000; 543000,3648000; 543000,3649000.
    Map Unit 18b: From USGS 1:24,000 quadrangle maps Viejas Mountain 
(1988), and Alpine (1982), California. The lands bounded by the 
following UTM coordinates (E, N): 523000,3630000; 525000,3630000; 
525000,3629000; 527000,3629000; 527000,3628000; 525000,3628000; 
525000,3627000; 523000,3627000; 523000,3630000.
    Map Unit 18c: From USGS 1:24,000 quadrangle maps Jamul Mountains 
(1971), El Cajon (1967), and Alpine (1982), California. The lands 
bounded by the following UTM coordinates (E, N): 510000,3628000; 
512000,3628000; 512000,3627000; 513000,3627000; 513000,3628000; 
515000,3628000; 515000,3627000; 520000,3627000; 520000,3625000; 
516000,3625000; 516000,3624000; 514000,3624000; 514000,3625000; 
513000,3625000; 513000,3626000; 512000,3626000; 512000,3624000; 
510000,3624000; 510000,3622000; 508000,3622000; 508000,3621000; 
506000,3621000; 506000,3620000; 505000,3620000; 505000,3618000; 
502000,3618000; 502000,3619000; 503000,3619000; 503000,3620000; 
504000,3620000; 504000,3622000; 505000,3622000; 505000,3624000; 
508000,3624000; 508000,3625000; 510000,3625000; 510000,3628000.
BILLING CODE 4310-55-P

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BILLING CODE 4310-55-C
    Map Unit 19; Cottonwood-Tijuana Basin, San Diego County, 
California. Unit 19a: From USGS 1:24,000 quadrangle maps Morena 
Reservoir, Cameron Corners and Mount Laguna, the lands bounded by the 
following UTM coordinates (E,N): 547000,3627000; 548000,3627000; 
548000,3626000; 549000,3626000; 549000,3623000; 550000,3623000; 
550000,3621000; 551000,3621000; 551000,3622000; 554000,3622000; 
554000,3623000; 555000,3623000; 555000,3625000; 557000,3625000; 
557000,3623000; 556000,3623000; 556000,3621000; 554000,3621000; 
554000,3619000; 553000,3619000; 553000,3620000; 552000,3620000; 
552000,3619000; 551000,3619000; 551000,3618000; 550000,3618000; 
550000,3617000; 546000,3617000; 546000,3616000; 544000,3616000; 
544000,3617000; 543000,3617000; 543000,3620000; 542000,3620000; 
542000,3621000; 541000,3621000; 541000,3623000; 544000,3623000; 
544000,3621000; 545000,3621000; 545000,3619000; 546000,3619000; 
546000,3621000; 547000,3621000; 547000,3627000.
    Unit 19b: From USGS 1:24,000 quadrangle maps Barrett Lake, Tecate, 
Potrero and Morena Reservoir, the lands bounded by the following UTM 
coordinates (E,N): 534000,3617000; 536000,3617000; 536000,3616000; 
541000,3616000; 541000,3611000; 540000,3611000; 540000,3610000; 
539000,3610000; 539000,3609000; 538000,3609000; 538000,3608000; 
537000,3608000; 537000,3607000; 534000,3607000; 534000,3606000; 
530000,3606000; 530000,3607000; 527000,3607000; 527000,3609000; 
528000,3609000; 528000,3610000; 529000,3610000; 529000,3614000; 
530000,3614000; 530000,3616000; 531000,3616000; 531000,3609000; 
530000,3609000; 530000,3608000; 531000,3608000; 531000,3607000; 
533000,3607000; 533000,3608000; 534000,3608000; 534000,3609000; 
535000,3609000; 535000,3610000; 536000,3610000; 536000,3611000; 
537000,3611000; 537000,3612000; 538000,3612000; 538000,3613000; 
539000,3613000; 539000,3615000; 534000,3615000; 534000,3617000.
    Unit 19c: From USGS 1:24,000 quadrangle maps Descanso, Cuyamaca 
Peak and Mount Laguna, the lands bounded by the following UTM 
coordinates (E,N): 543000,3639000; 545000,3639000; 545000,3638000; 
546000,3638000; 546000,3637000; 547000,3637000; 547000,3635000; 
545000,3635000; 545000,3633000; 547000,3633000; 547000,3631000; 
543000,3631000; 543000,3632000; 542000,3632000; 542000,3630000; 
540000,3630000; 540000,3632000; 541000,3632000; 541000,3633000; 
542000,3633000; 542000,3634000; 543000,3634000; 543000,3635000; 
544000,3635000; 544000,3638000; 543000,3638000; 543000,3639000.
    Unit 19d: From USGS 1:24,000 quadrangle maps Barrett Lake, Viejas 
Mtn. and Descanso, the lands bounded by the following UTM coordinates 
(E,N): 536000,3630000; 537000,3630000; 537000,3629000; 538000,3629000; 
538000,3628000; 537000,3628000; 537000,3627000; 535000,3627000; 
535000,3625000; 534000,3625000; 534000,3622000; 533000,3622000; 
533000,3620000; 532000,3620000; 532000,3618000; 531000,3618000; 
531000,3621000; 532000,3621000; 532000,3623000; 531000,3623000; 
531000,3625000; 533000,3625000; 533000,3627000; 534000,3627000;

[[Page 36547]]

534000,3628000; 535000,3628000; 535000,3629000; 536000,3629000; 
536000,3630000.
    Map Unit 20 (see map of Units 6, 7, and 20); Little Rock Creek, Los 
Angeles County, California. Unit 20a: From USGS 1:24,000 quadrangle 
maps Palmdale and Pacifico Mtn., the lands bounded by the following UTM 
coordinates (E,N): 405000,3820000; 408000,3820000; 408000,3818000; 
407000,3818000; 407000,3816000; 405000,3816000; 405000,3820000.
    Unit 20b: From USGS 1:24,000 quadrangle maps Pacifico Mtn. and 
Juniper Hills, the lands bounded by the following UTM coordinates 
(E,N): 405000,3815000; 407000,3815000; 407000,3813000; 408000,3813000; 
408000,3812000; 409000,3812000; 409000,3811000; 410000,3811000; 
410000,3810000; 411000,3810000; 411000,3809000; 412000,3809000; 
412000,3807000; 410000,3807000; 410000,3809000; 409000,3809000; 
409000,3810000; 407000,3810000; 407000,3811000; 406000,3811000; 
406000,3813000; 405000,3813000; 405000,3812000; 404000,3812000; 
404000,3814000; 405000,3814000; 405000,3815000.
BILLING CODE 4310-55-P
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BILLING CODE 4310-55-C
    Map Unit 21; Mojave River, San Bernardino County, California. Unit 
21a: From USGS 1:24,000 quadrangle maps Cajon, Silverwood Lake, 
Hesperia, Apple Valley, Lake Arrowhead and Butler Peak, the lands 
bounded by the following UTM coordinates (E,N): 476000,3804000; 
479000,3804000; 479000,3801000; 485000,3801000; 485000,3800000; 
486000,3800000; 486000,3799000; 487000,3799000; 487000,3798000; 
488000,3798000; 488000,3797000; 489000,3797000; 489000,3793000; 
488000,3793000; 488000,3795000; 487000,3795000; 487000,3797000; 
486000,3797000; 486000,3798000; 485000,3798000; 485000,3799000; 
478000,3799000; 478000,3798000; 475000,3798000; 475000,3797000; 
474000,3797000; 474000,3796000; 470000,3796000; 470000,3795000; 
469000,3795000; 469000,3793000; 465000,3793000; 465000,3794000; 
466000,3794000; 466000,3795000; 464000,3795000; 464000,3796000; 
462000,3796000; 462000,3797000; 461000,3797000; 461000,3798000; 
464000,3798000; 464000,3797000; 465000,3797000; 465000,3798000; 
470000,3798000; 470000,3799000; 473000,3799000; 473000,3800000; 
475000,3800000; 475000,3801000; 476000,3801000; 476000,3804000. Unit 
21b: From USGS 1:24,000 quadrangle maps Victorville, Hesperia, Apple 
Valley North and Apple Valley South, the lands bounded by the following 
UTM coordinates (E,N): 467000,3832000; 469000,3832000; 469000,3831000; 
470000,3831000; 470000,3828000; 471000,3828000; 471000,3826000; 
473000,3826000; 473000,3825000; 474000,3825000; 474000,3822000; 
476000,3822000; 476000,3821000; 477000,3821000; 477000,3818000; 
478000,3818000; 478000,3816000; 475000,3816000; 475000,3817000; 
474000,3817000; 474000,3819000; 473000,3819000; 473000,3820000; 
472000,3820000; 472000,3823000; 471000,3823000; 471000,3825000; 
468000,3825000; 468000,3827000; 467000,3827000; 467000,3832000.
    Map Unit 22 (see map of Units 9 and 22); Whitewater River, 
Riverside

[[Page 36548]]

County, California. From USGS 1:24,000 quadrangle maps Catclaw Flat, 
White Water and Desert Hot Springs, the lands bounded by the following 
UTM coordinates (E,N): 530000,3764000; 532000,3764000; 532000,3761000; 
533000,3761000; 533000,3758000; 534000,3758000; 534000,3754000; 
535000,3754000; 535000,3752000; 532000,3752000; 532000,3754000; 
533000,3754000; 533000,3755000; 532000,3755000; 532000,3759000; 
531000,3759000; 531000,3761000; 530000,3761000; 530000,3764000.
* * * * *

    Dated: May 25, 2000.
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 00-14085 Filed 6-7-00; 8:45 am]
BILLING CODE 4310-55-P


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