36512 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules

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.

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

fw1artoch@fws.gov. 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 lightolive 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 lightcolored, 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 offhighway 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

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

36514 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules

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 humaninduced 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

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

36516 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules

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

Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules 36517

the species in California, and

minimizing or eliminating impacts and

threats to arroyo toad populations. Selfsustaining 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

TABLE 1. RECOVERY UNITS FOR THE

ARROYO TOAD.—Continued

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 highgradient 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-km2

(0.62 mi2) 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-km2 (0.62

mi2) UTM grid squares that contain

portions of an essential stream segment

or upland habitat area. Defining critical

habitat unit boundaries at a 1-km2 (0.62

mi2) 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

36518 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules

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

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

36520 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules

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

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

36522 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules

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 highquality habitat still exists in the area.

TABLE 2.—APPROXIMATE

CRITICAL

HABITAT IN

HECTARES (HA) (ACRES (AC) BY

COUNTY AND

LAND

OWNER

[Area estimates reflect critical habitat unit boundaries, not the primary constituent elements within]

County Forest service BLM FWS Military State/Local Tribal 

Monterey ........................... 0 ......................... 0 ......................... 0 ......................... 8,908 ha (22,013

ac).

0 ......................... 0 ......................... 218 

San Luis Obispo ................ 0 ......................... 0 ......................... 0 ......................... 0 ......................... 0 ......................... 0 ......................... 253 Santa Barbara ................... 9,008 ha (22,260

ac).

0 ......................... 0 ......................... 0 ......................... 0 ......................... 0 ......................... 8,12

ac

Ventura .............................. 10,575 ha

(26,130 ac).

0 ......................... 0 ......................... 0 ......................... 0 ......................... 0 ......................... 546 

Los Angeles ...................... 13,914 ha

(34,382 ac).

58 ha (143 ac) .... 0 ......................... 0 ......................... 58 ha (143 ac) .... 0 ......................... 14,0

(3

San Bernardino ................. 3,725 ha (9,204

ac).

496 ha (1,225 ac) 0 ......................... 1,221 ha (3,017

ac).

816 ha (2,016 ac) 0 ......................... 7,94

ac

Riverside ............................ 3,132 ha (7,738

ac).

1,949 ha (4,817

ac).

0 ......................... 0 ......................... 103 ha (255 ac) .. 330 ha (815 ac) .. 10,0

(2

Orange .............................. 1,178 ha (2,910

ac).

0 ......................... 0 ......................... 51 ha (125 ac) .... 1,854 ha (4,581

ac).

0 ......................... 8,43

ac

San Diego .......................... 18,062 ha

(44,631 ac).

1,424 ha

(3,519ac).

723 ha (1,787 ac) 15,922 ha

(39,344 ac).

4,436 ha (10,960

ac).

3,100 ha (7,660

ac).

42,9

(1

Total .................................. 59,594 ha

(147,255 ac).

3,927 ha (9,704

ac).

723 ha (1,787 ac) 26,103 ha

(64,499 ac).

7,267 ha (17,955

ac).

3,430 ha (8,475

ac).

92,5

(2

36524 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules

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;

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

36526 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules

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 longterm 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 longterm 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 longterm 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.

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

Categories of activities Activities potentially affected by species listing only 1

Additional activities potentially

affected by critical habitat designation 2

Federal Activities Potentially Affected 3.Removing, degrading, or destroying arroyo toad 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.

None.

36528 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules

TABLE 3.—IMPACTS OF ARROYO TOAD LISTING AND CRITICAL HABITAT DESIGNATION—Continued

Categories of activities Activities potentially affected by species listing only 1

Additional activities potentially

affected by critical habitat designation 2

Private Activities Potentially Affected 4.Removing, degrading, or destroying arroyo toad 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).

None.

1This 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. 2This column represents the activities potentially affected by the critical habitat designation in addition to those activities potentially affected by

listing the species. 3Activities initiated by a Federal agency.

4Activities 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

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

36530 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules

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 § 17.11(h) revise the entry for

‘‘Toad, arroyo southwestern’’ under

‘‘AMPHIBIANS’’ to read as follows:

§ 17.11 Endangered and threatened

wildlife.

* * * * *

(h) * * *

Species

Historic range

Vertebrate population where endangered or threatened

Status When listed Critical habitat

Special

rules Common name Scientific name

*******

AMPHIBIANS

* * * * * **

Toad, arroyo (= arroyo south-western).Bufo microscaphus

californicus.

U.S.A. (CA), Mexico Entire ...................... E 568 17.95(d) NA

*******

3. Amend § 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 § 17.11(h).

§ 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

Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules 36531

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Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules 36533

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.

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36534 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules

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;

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

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

36536 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules

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

Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules 36537

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;

36538 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules

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

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

Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules 36539

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

36540 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules

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

Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules 36541

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;

36542 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules

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

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

Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules 36543

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

36544 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules

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

Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules 36545

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

36546 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules

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;

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

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

36548 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules

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