[Federal Register Volume 71, Number 240 (Thursday, December 14, 2006)]
[Proposed Rules]
[Pages 75189-75215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9656]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AU83


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for the Monterey Spineflower (Chorizanthe pungens var. 
pungens)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: In response to a settlement agreement, we, the U.S. Fish and 
Wildlife Service (Service), propose to revise currently designated 
critical habitat for the Monterey spineflower (Chorizanthe pungens var. 
pungens) pursuant to the Endangered Species Act of 1973, as amended 
(Act). In total, approximately 11,032 acres (ac) (4,466 hectares (ha)) 
fall within the boundaries of the proposed revision to the critical 
habitat designation. The proposed revision to critical habitat is 
located in Santa Cruz and Monterey Counties, California.

DATES: We will accept comments from all interested parties until 
February 12, 2007. We must receive requests for public hearings, in 
writing, at the address shown in the ADDRESSES section by January 29, 
2007.

ADDRESSES: If you wish to comment, you may submit your comments and 
materials concerning this proposal by any one of several methods:
    1. You may mail or hand-deliver written comments and information to 
Diane Noda, Field Supervisor, U.S. Fish and Wildlife Service, Ventura 
Fish and Wildlife Office (VFWO), 2493 Portola Road, Suite B, Ventura, 
California 93003.
    2. You may send comments by electronic mail (e-mail) to 
<a href="/cdn-cgi/l/email-protection#ff9988c792908c8fbf99888cd1989089"><span class="__cf_email__" data-cfemail="1f79682772706c6f5f79686c31787069">[email protected]</span></a>. Please see the Public Comments Solicited section below 
for file format and other information about electronic filing.
    3. You may fax your comments to 805/644-3958.
    4. You may go to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
    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 VFWO 2493 Portola Road, Suite B, Ventura, California 93003 
(telephone 805/644-1766).

FOR FURTHER INFORMATION CONTACT: Diane Noda, Field Supervisor, VFWO, 
2493 Portola Road, Suite B, Ventura, California 93003, (telephone 805/
644-1766, ext. 319; facsimile 805/644-3958). Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 800-877-8339, 7 days a week and 24 
hours a day.

SUPPLEMENTARY INFORMATION:

Public Comments Solicited

    We intend that any final action resulting from this proposal will 
be as accurate and as effective as possible. Therefore, comments or 
suggestions from the public, other concerned governmental agencies, the 
scientific community, industry, or any other interested party 
concerning this proposed rule are hereby solicited. Comments 
particularly are sought concerning:
    (1) The reasons any habitat should or should not be determined to 
be critical habitat as provided by section 4 of the Act, including 
whether the benefit of designation will outweigh any threats to the 
species due to designation;
    (2) Specific information on the amount and distribution of 
Chorizanthe pungens var. pungens habitat, and what areas should be 
included in the designations that were occupied at the time of listing 
that contain the features that are essential for the conservation of 
the species and why, and what areas that were not occupied at the time 
of listing are essential to the conservation of the species and why;
    (3) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat;
    (4) Any foreseeable economic, national security, or other potential 
impacts resulting from the proposed designation and, in particular, any 
impacts on small entities;
    (5) Whether our approach to designating critical habitat could be 
improved or modified in any way to provide for greater public 
participation and understanding, or to assist us in accommodating 
public concerns and comments;
    (6) This proposed designation's revised criteria for determining 
essential features and critical habitat boundaries; and
    (7) The existence of any conservation or management plans being 
implemented by California State Parks, Bureau of Land Management (BLM) 
on former Fort Ord, or other public or private land management agencies 
or owners that we should consider for exclusion from the designation 
pursuant to section 4(b)(2) of the Act. Please include information on 
any benefits (educational, regulatory, etc.) of including or excluding 
lands from this proposed revised designation.
    If you wish to comment, you may submit your comments and materials 
concerning this proposal by any one of several methods (see ADDRESSES 
section). Please submit Internet comments to <a href="/cdn-cgi/l/email-protection#87e1f0bfeae8f4f7c7e1f0f4a9e0e8f1"><span class="__cf_email__" data-cfemail="204657184d4f5350604657530e474f56">[email protected]</span></a> in ASCII 
file format and avoid the use of special characters or any form of 
encryption. Please also include ``Attn: Chorizanthe pungens var. 
pungens'' in your e-mail subject header and your name and return 
address in the body of your message. If you do not receive a 
confirmation from the system that we have received your Internet 
message, contact us directly by calling our VFWO at phone number 805/
644-1766, ext. 333. Please note that the Internet address, 
<a href="/cdn-cgi/l/email-protection#701607481d1f0300301607035e171f06"><span class="__cf_email__" data-cfemail="bcdacb84d1d3cfccfcdacbcf92dbd3ca">[email protected]</span></a>, will be closed out at the termination of the public 
comment period.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their names and home

[[Page 75190]]

addresses, etc., but if you wish us to consider withholding this 
information, you must state this prominently at the beginning of your 
comments. In addition, you must present rationale for withholding this 
information. This rationale must demonstrate that disclosure would 
constitute a clearly unwarranted invasion of privacy. Unsupported 
assertions will not meet this burden. In the absence of exceptional, 
documentable circumstances, this information will be released. We will 
always make submissions from organizations or businesses, and from 
individuals identifying themselves as representatives of or officials 
of organizations or businesses, available for public inspection in 
their entirety.

Role of Critical Habitat in Actual Practice of Administering and 
Implementing the Act

    Attention to and protection of habitat is paramount to successful 
conservation actions. The role that designation of critical habitat 
plays in protecting habitat of listed species, however, is often 
misunderstood. As discussed in more detail below in the discussion of 
exclusions under section 4(b)(2) of the Act, there are significant 
limitations on the regulatory effect of designation under section 
7(a)(2) of the Act. In brief, (1) designation provides additional 
protection to habitat only where there is a Federal nexus; (2) the 
protection is relevant only when, in the absence of designation, 
destruction or adverse modification of the critical habitat would in 
fact take place (in other words, other statutory or regulatory 
protections, policies, or other factors relevant to agency decision-
making would not prevent the destruction or adverse modification); and 
(3) designation of critical habitat triggers the prohibition of 
destruction or adverse modification of that habitat, but it does not 
require specific actions to restore or improve habitat.
    Currently, only 476 species, or 36 percent of the 1,311 listed 
species in the U.S. under the jurisdiction of the Service, have 
designated critical habitat. We address the habitat needs of all 1,311 
listed species through conservation mechanisms such as listing, section 
7 consultations, the Section 4 recovery planning process, the Section 9 
protective prohibitions of unauthorized take, Section 6 funding to the 
States, the Section 10 incidental take permit process, and cooperative, 
nonregulatory efforts with private landowners. The Service believes 
that it is these measures that may make the difference between 
extinction and survival for many species.
    In considering exclusions of areas proposed for designation, we 
evaluated the benefits of designation in light of Gifford Pinchot Task 
Force v. U.S. Fish and Wildlife Service, 378 F.3d 1059 (9th Cir 2004) 
(hereinafter Gifford Pinchot). In that case, the Ninth Circuit 
invalidated the Service's regulation defining ``destruction or adverse 
modification of critical habitat.'' In response, on December 9, 2004, 
the Director issued guidance to be considered in making section 7 
adverse modification determinations. This proposed critical habitat 
designation does not use the invalidated regulation in our 
consideration of the benefits of including areas. The Service will 
carefully manage future consultations that analyze impacts to 
designated critical habitat, particularly those that appear to be 
resulting in an adverse modification determination. Such consultations 
will be reviewed by the Regional Office prior to finalizing to ensure 
that an adequate analysis has been conducted that is informed by the 
Director's guidance.
    On the other hand, to the extent that designation of critical 
habitat provides protection, that protection can come at significant 
social and economic cost. In addition, the mere administrative process 
of designation of critical habitat is expensive, time-consuming, and 
controversial. The current statutory framework of critical habitat, 
combined with past judicial interpretations of the statute, make 
critical habitat the subject of excessive litigation. As a result, 
critical habitat designations are driven by litigation and courts 
rather than biology, and made at a time and under a time frame that 
limits our ability to obtain and evaluate the scientific and other 
information required to make the designation most meaningful.
    In light of these circumstances, the Service believes that 
additional agency discretion would allow our focus to return to those 
actions that provide the greatest benefit to the species most in need 
of protection.

Procedural and Resource Difficulties in Designating Critical Habitat

    We have been inundated with lawsuits for our failure to designate 
critical habitat, and we face a growing number of lawsuits challenging 
critical habitat determinations once they are made. These lawsuits have 
subjected the Service to an ever-increasing series of court orders and 
court-approved settlement agreements, compliance with which now 
consumes nearly the entire listing program budget. This leaves the 
Service with little ability to prioritize its activities to direct 
scarce listing resources to the listing program actions with the most 
biologically urgent species conservation needs.
    The consequence of the critical habitat litigation activity is that 
limited listing funds are used to defend active lawsuits, to respond to 
Notices of Intent (NOIs) to sue relative to critical habitat, and to 
comply with the growing number of adverse court orders. As a result, 
listing petition responses, the Service's own proposals to list 
critically imperiled species, and final listing determinations on 
existing proposals are all significantly delayed.
    The accelerated schedules of court-ordered designations have left 
the Service with limited ability to provide for public participation or 
to ensure a defect-free rulemaking process before making decisions on 
listing and critical habitat proposals, due to the risks associated 
with noncompliance with judicially imposed deadlines. This in turn 
fosters a second round of litigation in which those who fear adverse 
impacts from critical habitat designations challenge those 
designations. The cycle of litigation appears endless, and is very 
expensive, thus diverting resources from conservation actions that may 
provide relatively more benefit to imperiled species.
    The costs resulting from the designation include legal costs, the 
cost of preparation and publication of the designation, the analysis of 
the economic effects and the cost of requesting and responding to 
public comment, and in some cases the costs of compliance with the 
National Environmental Policy Act (NEPA; 42 U.S.C. 4371 et seq.). These 
costs, which are not required for many other conservation actions, 
directly reduce the funds available for direct and tangible 
conservation actions.

Background

    It is our intent to discuss only those topics directly relevant to 
the designation of critical habitat in this proposed revision to the 
critical habitat designation. Detailed background information covering 
the appearance, seed ecology, habitat requirements, and the historical 
and current distribution for Chorizanthe pungens var. pungens was 
published in the final designation of critical habitat for Chorizanthe 
pungens var. pungens on May 29, 2002 (67 FR 37498). Additional 
information on C. p. var. pungens is also available in the final 
listing rule published in the Federal Register on February 4, 1994 (59 
FR 5499).

[[Page 75191]]

    Chorizanthe pungens var. pungens (Monterey spineflower) is endemic 
to sandy soils in active dune systems, and bluffs featuring deposited 
windblown sands, in coastal areas in southern Santa Cruz and northern 
Monterey Counties (Reveal and Hardham 1989, pp. 124-125; Ertter 1990, 
p. 5). These areas feature open spaces between dominant vegetative 
elements that are dynamic and generally maintained through time via 
wind, fire, or other types of disturbance. Populations are also found 
in grassland, scrub, chaparral, and woodland habitats, featuring sandy 
soils and openings that are free of other vegetation. The furthest 
inland population is found in the Salinas Valley in interior Monterey 
County.
    Chorizanthe pungens var. pungens is one of two varieties of the 
species C. pungens. The other variety, C. p. var. hartwegiana (Ben 
Lomond spineflower) is restricted to the Santa Cruz Mountains, 
generally between Scotts Valley and Ben Lomond. The ranges of these two 
varieties of C. pungens do not overlap. The range of C. p. var. pungens 
partially overlaps with another closely related taxon, Chorizanthe 
robusta var. robusta (robust spineflower), in southern Santa Cruz 
County. Chorizanthe pungens var. hartwegiana and C. r. var. robusta are 
both listed as federally-endangered species (59 FR 5499). A detailed 
description of these related taxa is available in the Recovery Plan for 
Seven Coastal Plants and the Myrtle's Silverspot Butterfly (Service 
1998), the Recovery Plan for Insect and Plant Taxa in the Santa Cruz 
Mountains in California (Service 1998), the Recovery Plan for the 
Robust Spineflower (Service 2004), and scientific literature cited 
within these plans. A recent study on the genetic relationships between 
various spineflower taxa in the central coast region of California 
noted genetic variability between populations of Chorizanthe pungens 
var. pungens located at four sites between Sunset State Beach and 
Marina State Beach (Brinegar 2006, pp. 6-10).
    Chorizanthe pungens var. pungens is an annual species that produces 
one seed per flower, and depending on the vigor of an individual plant, 
dozens to over one hundred seeds can be produced (Abrams 1944, F35-1; 
Fox et al. 2006, pp. 162-163). Seed dispersal in C. p. var. pungens is 
likely facilitated by hooked spines on the structure surrounding the 
seed. In the Chorizanthe genus, these are believed to attach to passing 
animals and disperse seed between plant colonies and populations 
(Reveal 2001, unpaginated). Wind also disperses seed within colonies 
and populations.
    New information concerning the seed bank of Chorizanthe pungens 
var. pungens was published in 2006 (Fox et al. 2006, pp. 157-170). This 
5-year study found that the density of C. p. var pungens was directly 
related to the previous year's seed set and, based on these 
observations, suggests that C. p. var. pungens apparently germinates 
well under most winter conditions and does not develop an extensive 
persistent soil seed bank. Consequently, this new information suggests 
that protection of existing plants in any year is important to the 
long-term conservation of C. p. var. pungens because the species 
persistence relies primarily on the previous year's seed set as opposed 
to a large dormant seed bank that remains viable for decades. If this 
hypothesis is correct, loss of above-ground individuals prior to seed 
set could ultimately have more of an impact on populations than was 
previously thought. However, there exist anecdotal reports of C. p. 
var. pungens reappearing in several areas after habitat restoration 
efforts removed dense cover of iceplant. This tends to support the idea 
that, under some conditions, at least, a soil seed bank that persists 
for several years may be present and substantial enough to repopulate a 
site.
    A pollination ecology study was conducted on the related 
Chorizanthe robusta var. robusta in Santa Cruz County that compared the 
pollination ecology of coastal and inland populations (Murphy 2003b, 
pp. 1-78). The study found that, although this species may self-
pollinate, pollinator access to flowers increased seed set 
significantly, indicating that pollinators increase plant reproductive 
success. This same study noted a high diversity of pollinators and 
correlated that diversity, in part, to variation in microhabitat 
conditions, including exposure; proximity to the coast; and structure, 
composition, and density of the surrounding vegetation (Murphy 2003b, 
pp. 28-63). Results suggest that protecting pollinator habitat and 
diversity is likely to be important to the survival of this taxon. 
These results can be inferred to C. p. var. pungens as these two taxa 
occur in proximity to each other at several locations (Sunset and 
Manresa State Beaches), occupy similar habitats and plant communities, 
and are similar genetically (Brinegar 2006, p. 13) and phenotypically 
(the outward appearance of the plant).
    The historical range of Chorizanthe pungens var. pungens was more 
extensive than what it is now known to occupy. Collections from the 
late 1800s and the first half of the 1900s indicate that the species 
occurred along the coast as far south as the San Simeon area in San 
Luis Obispo County (Consortium of California Herbaria 2006). In 
Monterey County, numerous collections were made from the Salinas 
Valley. However, this area has been largely converted to agriculture 
and habitat no longer remains; the last collection was made in 1920 
(Consortium of California Herbaria 2006). This taxon currently occupies 
the entire range identified in the final listing rule (59 FR 5499).
    Current information concerning the presence of populations 
throughout its range is summarized here. Current information about 
populations on former Fort Ord, is from surveys conducted between 1992 
and 2004, and provides more detail than the information available at 
the time of listing (e.g., BLM 2006). Former Fort Ord is a closed 
military installation which is in the process of being remediated and 
transferred for reuse. Reuse will include residential, recreational, 
and commercial development, as well as conservation of lands in habitat 
reserves. A response to our request for information (Service 2006) from 
the California Department of Parks and Recreation (CDPR) (CDPR 2006a) 
confirms that populations at Manresa and Sunset State Beaches are 
stable and that the Sunset State Beach population is expanding due to 
habitat restoration activities (primarily removal of nonnative European 
beachgrass (Ammophila arenaria)). Occurrence records for the eastern 
Prunedale unit were provided by the California Department of 
Transportation (Caltrans) from surveys conducted for the Highway 101 
re-route study in 2001 (Caltrans 2001). A small population which was 
thought to be extirpated at the former U.S. Coast Guard's Light 
Station, Point Pinos property, very close to the northern boundary of 
the Asilomar unit, was rediscovered during recent surveys (Kephart 
2004, p. 1). Also, recent surveys at the Monterey Peninsula Airport 
(Environmental Science Associates 2004, pp. 3.12-3.13) and leased 
properties surrounding the Monterey Peninsula Airport provide 
information about populations in the Del Rey Oaks area. Records that 
have been prepared, but not yet submitted, for entry into the CNDDB 
database were reviewed for some areas, including the Armstrong Ranch, 
Prunedale, Elkhorn Slough, and Aromas. Service staff also conducted 
site visits at various locations between 2001 and the present.

[[Page 75192]]

Previous Federal Actions

    For more information on previous Federal actions concerning 
Chorizanthe pungens var. pungens, refer to the final listing rule 
published in the Federal Register on February 4, 1994 (59 FR 5499), and 
the designation of critical habitat for C. p. var. pungens published in 
the Federal Register on May 29, 2002 (67 FR 37498). In September 1998, 
we published a recovery plan for seven coastal plants and the Myrtle's 
silverspot butterfly which included C. p. var. pungens. On May 29, 
2002, we designated critical habitat for approximately 18,829 acres 
(ac) (7,620 hectares (ha)) of land in Santa Cruz and Monterey Counties, 
California. In March 2005, the Homebuilders Association of Northern 
California, et al., filed suit against the Service (CV-013630LKK-JFM) 
challenging final critical habitat rules for several species, including 
Chorizanthe pungens var. pungens. In March 2006, a settlement was 
reached that requires the Service to re-evaluate five final critical 
habitat designations, including critical habitat designated for C. p. 
var. pungens. The settlement stipulated that any proposed revisions to 
the C. p. var. pungens designation would be submitted to the Federal 
Register for publication on or before December 7, 2006.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as--(i) the 
specific areas within the geographical area occupied by a species, at 
the time it is listed in accordance with the Act, on which are found 
those physical or biological features (I) essential to the conservation 
of the species and (II) that may require special management 
considerations or protection; and (ii) specific areas outside the 
geographical area occupied by a species at the time it is listed, upon 
a determination that such areas are essential for the conservation of 
the species. Conservation, as defined under section 3 of the Act means 
to use and the use of all methods and procedures which are necessary to 
bring any endangered species or threatened species to the point at 
which the measures provided under the Act are no longer necessary. Such 
methods and procedures include, but are not limited to, all activities 
associated with scientific resources management such as research, 
census, law enforcement, habitat acquisition and maintenance, 
propagation, live trapping, and transplantation, and, in the 
extraordinary case where population pressures within a given ecosystem 
cannot be otherwise relieved, may include regulated taking.
    Critical habitat receives protection under section 7 of the Act 
through the prohibition against destruction or adverse modification of 
critical habitat with regard to actions carried out, funded, or 
authorized by a Federal agency. Section 7 requires consultation on 
Federal actions that are likely to result in the destruction or adverse 
modification of critical habitat. The designation of critical habitat 
does not affect land ownership or establish a refuge, wilderness, 
reserve, preserve, or other conservation area. Such designation does 
not allow government or public access to private lands. Section 7 is a 
purely protective measure and does not require implementation of 
restoration, recovery, or enhancement measures.
    To be included in a critical habitat designation, the habitat 
within the area occupied by the species must first have features that 
are essential to the conservation of the species. Critical habitat 
designations identify, to the extent known using the best scientific 
data available, habitat areas that provide essential life cycle needs 
of the species (i.e., areas on which are found the primary constituent 
elements, as defined at 50 CFR 424.12(b)).
    Habitat occupied at the time of listing may be included in critical 
habitat only if the essential features thereon may require special 
management or protection. Thus, we do not include areas where existing 
management is sufficient to conserve the species. (As discussed below, 
such areas may also be excluded from critical habitat under section 
4(b)(2).) Accordingly, when the best available scientific data do not 
demonstrate that the conservation needs of the species require 
additional areas, we will not designate critical habitat in areas 
outside the geographical area occupied by the species at the time of 
listing. An area currently occupied by the species but was not known to 
be occupied at the time of listing will likely, but not always, be 
essential to the conservation of the species and, therefore, typically 
included in the critical habitat designation.
    The Service's Policy on Information Standards Under the Endangered 
Species Act, published in the Federal Register on July 1, 1994 (59 FR 
34271), and Section 515 of the Treasury and General Government 
Appropriations Act for Fiscal Year 2001 (P.L. 106-554; H.R. 5658) and 
the associated Information Quality Guidelines issued by the Service, 
provide criteria, establish procedures, and provide guidance to ensure 
that decisions made by the Service represent the best scientific data 
available. They require Service biologists to the extent consistent 
with the Act and with the use of the best scientific data available, to 
use primary and original sources of information as the basis for 
recommendations to designate critical habitat. When determining which 
areas are critical habitat, a primary source of information is 
generally the listing package for the species. Additional information 
sources include the recovery plan for the species, articles in peer-
reviewed journals, conservation plans developed by States and counties, 
scientific status surveys and studies, biological assessments, or other 
unpublished materials and expert opinion or personal knowledge. All 
information is used in accordance with the provisions of Section 515 of 
the Treasury and General Government Appropriations Act for Fiscal Year 
2001 (Pub. L. 106-554; H.R. 5658) and the associated Information 
Quality Guidelines issued by the Service.
    Section 4 of the Act requires that we designate critical habitat 
and make revisions thereto on the basis of the best scientific data 
available. Habitat is often dynamic, and species may move from one area 
to another over time. Furthermore, we recognize that designation of 
critical habitat may not include all of the habitat areas that may 
eventually be determined to be necessary for the recovery of the 
species. For these reasons, critical habitat designations do not signal 
that habitat outside the designation is unimportant or may not be 
required for recovery.
    Areas that support populations, but are outside the critical 
habitat designation, will continue to be subject to conservation 
actions implemented under section 7(a)(1) of the Act and to the 
regulatory protections afforded by the section 7(a)(2) jeopardy 
standard, as determined on the basis of the best available information 
at the time of the action. Federally funded or permitted projects 
affecting listed species outside their designated critical habitat 
areas may still result in jeopardy findings in some cases. Similarly, 
critical habitat designations made on the basis of the best available 
information at the time of designation will not control the direction 
and substance of future recovery plans, habitat conservation plans, or 
other species conservation planning efforts if new information 
available to these planning efforts calls for a different outcome.

[[Page 75193]]

Methods

    As required by section 4(b)(2) of the Act, we used the best 
scientific data available in determining areas that contain the 
features that are essential to the conservation of Chorizanthe pungens 
var. pungens. This includes information from the final listing rule; 
data from research and survey observations published in peer-reviewed 
articles; reports and survey forms prepared for Federal, State, local 
agencies, and private corporations; site visits; regional Geographic 
Information System (GIS) layers, including soil and species coverages; 
and data submitted to the California Natural Diversity Database 
(CNDDB). We have also reviewed available information that pertains to 
the ecology, life history, and habitat requirements of this species. 
This material included information and data in peer-reviewed articles; 
reports of monitoring and habitat characterizations; reports submitted 
during section 7 consultations; our recovery plan for the species; and 
information received from local species experts. We are not proposing 
to designate as critical habitat any areas not occupied at the time of 
listing and presently occupied by the species.
    At the time of the final listing in 1994, it was thought that 
approximately 70 percent of the range of Chorizanthe pungens var. 
pungens occurred on Fort Ord; C. p. var. pungens was reported from 
approximately two-thirds of the installation at varying densities (U.S. 
Army Corps of Engineers (ACOE) 1992, Figure F-3). Fort Ord was 
considered the most important inland occurrence of C. p. var. pungens 
because of the extent of habitat the species occupied at this location. 
Further refined mapping of occurrences in the Prunedale area, north of 
Fort Ord, and extensions of inland occurrences (that were reported at 
the time of the final listing) have been identified over the last few 
years. This more complete information on the relative distribution of 
the species within its known range has led us to conclude that 
preserving the population on Fort Ord, as well as several inland sites 
is important to the long-term conservation of the 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 consider those physical and biological features (PCEs) that 
are essential to the conservation of the species, and within areas 
occupied by the species at the time of listing, that may require 
special management considerations or protection. These include, but are 
not limited to space for individual and population growth and for 
normal behavior; food, water, air, light, minerals, or other 
nutritional or physiological requirements; cover or shelter; sites for 
breeding, reproduction, and 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.
    The specific primary constituent element required for Chorizanthe 
pungens var. pungens is derived from the biological needs of C. p. var. 
pungens as described in the Background section of this proposal and 
referenced in the previous designation for critical habitat published 
in the Federal Register.

Space for Individual and Population Growth, Including Sites for Seed 
Dispersal and Germination; and for the Seed Bank

    Chorizanthe pungens var. pungens readily grows where suitable sandy 
substrates occur and, like other Chorizanthe species, where competition 
with other plant species is minimal (Harding Lawson Associates 2000, p. 
1; Reveal 2001, unpaginated). Where C. p. var. pungens occurs within 
native plant communities, along the coast as well as at more interior 
sites, it occupies microhabitat sites found between shrub stands where 
there is little cover from other herbaceous species. Where C. p. var. 
pungens occurs within grassland communities, the density of C. p. var. 
pungens may decrease with an increase in the density of other 
herbaceous species. Conserved areas should be of sufficient size to 
maintain the native plant communities that support C. p. var. pungens 
which include coastal dune, coastal scrub, grassland, maritime 
chaparral, oak woodland, and interior floodplain dune communities and 
have a structure with openings between the dominant elements (Service 
1998, p. 20).
    These openings within the vegetation community should be free of 
nonnative invasive plant species. Not only do invasive, non-native 
plants physically exclude C. p. var. pungens seedlings, but many of the 
hymenopteran (members of the insect order that includes bees, wasps, 
and ants) pollinators important to Chorizanthe pollination (e.g., 
sphecid wasps, bumblebees, and bees from the families, Halictidae and 
Anthophoridae), require bare ground for nesting (Murphy 2003a, p 4). 
Removal of invasive non-native species may help to maintain existing 
rates of pollinator visitation. Although areas with little or no cover 
of non-native invasive species may be optimal for the conservation of 
C. p. var. pungens, seeds that subsequently germinate may still be 
present beneath the canopy of the non-native invasive plants.
    Conservation of Chorizanthe pungens var. pungens depends not only 
on adequate space for growth, but also on maintaining the dynamic 
nature of C. p. var. pungens habitat, which ensures the availability of 
microsites appropriate for germination and growth. Coastal dune 
communities are subject to natural dynamic processes that create 
suitable openings in scrub and chaparral communities (Cooper 1967, pp. 
63-72; Barbour and Johnson 1988, p. 242). Shifts in habitat composition 
caused by patterns of dune mobilization that create openings suitable 
for C. p. var. pungens are followed by stabilization and successional 
trends in coastal dune scrub that result in increased vegetation cover 
over time (Barbour and Johnson 1988, p. 242). Accordingly, over time 
there are shifts in the distribution and size of individual colonies of 
C. p. var. pungens found in the gaps between shrub vegetation.
    Human-caused disturbances, such as scraping of roads and 
firebreaks, can reduce the competition from other herbaceous species 
and consequently provide favorable conditions for Chorizanthe pungens 
var. pungens. This has been observed at former Fort Ord where C. p. 
var. pungens occurs along the margins of dirt roads (ACOE 1992, p. 39; 
U.S. BLM 2003, pp. 15-22). However, such activities can also promote 
the spread and establishment of non-native species, can bury the 
seedbank of C. p. var. pungens, and do not result in the cycling of 
nutrients and soil microbial changes that are associated with large-
scale natural disturbances, such as fires (Stylinski and Allen 1999, 
pp. 544-554; Keeley and Keeley 1989, pp. 67-70). This type of 
management may not sustain populations over the long term and would 
likely result in a general degradation of habitat for C. p. var. 
pungens if conducted over large areas.
    Conservation of Chorizanthe pungens var. pungens depends on 
adequate space to promote pollinator activity and decrease the edge 
effects associated with urban development. Larger areas with a high 
volume-to-edge ratio are less likely to be affected by the range of 
human activities that would alter adjacent C. p. var. pungens habitat. 
Potential edge effects identified for other Chorizanthe species that 
may also affect C. p. var. pungens include the introduction of

[[Page 75194]]

non-native plants (e.g., landscaping plants), roadside mowing for fuel 
reduction, informal recreation, trash and landscape waste dumping, 
hydrologic changes from landscape watering or increased paved surfaces, 
and pesticide drift (Conservation Biology Institue 2000, pp. 6-17). 
Large occurrences of C. p. var. pungens are more likely to attract 
insect pollinators necessary for the production of viable seed and 
promote gene flow, to withstand periodic extreme environmental stresses 
(e.g., drought, disease), and may act as important ``source'' 
populations to allow recolonization of surrounding areas following 
periodic extreme environmental stresses (Schemske et al., pp. 584-588). 
Small patches of plants have been documented to suffer reproductive 
failure due to lack of effective pollination when critical thresholds 
of isolation were exceeded. In contrast, sufficiently large patches 
attracted pollinators regardless of their degree of isolation (Groom 
1998, p. 487). However, small populations of plants may serve other 
functions that support the long-term persistence of the species. They 
may serve as corridors for gene flow between larger populations, and 
may harbor greater levels of genetic diversity than predicted for their 
size (Lesica and Allendorf 1991, pp. 172-175).
    Chorizanthe pungens var. pungens appears to function as an 
opportunistic annual plant, most of its seeds germinating under 
variable winter conditions, rather than persisting to create an 
extensive, long-lasting soil seed bank (Fox et al. 2006, p. 168). This 
highlights the importance of protecting above-ground plants from 
germination through seed set each year (approximately December through 
the following September), as it appears the persistence of C. p. var. 
pungens relies on successful seed set from the previous year in 
addition to adequate climatic conditions. This has implications for the 
amount of successive disturbance that C. p. var. pungens can endure and 
still persist. Management activities that are used for non-native 
invasive species removal, such as mowing prior to seed development, are 
unlikely to be compatible with the long-term persistence of C. p. var. 
pungens.

Areas That Provide the Basic Requirements for Growth (Such as Water, 
Light, and Minerals)

    Chorizanthe pungens var. pungens occurs on sandy soils with a 
variable origin, including active dunes, interior fossil dunes, and 
floodplain alluvium (Service 1998, pp 1-13, 20). The most prevalent 
soil series represented are coastal beaches, dune sand, Baywood sand, 
Oceano loamy sand, Arnold loamy sand, Santa Ynez fine sandy loam, 
Arnold-Santa Ynez complex, Metz loamy sand, and Metz complex (Soil 
Conservation Service 1978, pp 13-73, 1980, pp. 9-81). Sites where C. p. 
var. pungens occurs are generally bare, sandy patches free of other 
vegetation (Zoger and Pavlik 1987, unpaginated). On the coast, it 
occurs in coastal dune scrub and chaparral communities (Service 1998, 
pp 19-20; CNDDB 2006). Chorizanthe pungens var. pungens does not occur 
under dense stands of vegetation, but will occur between more widely-
spaced shrubs or gaps in the shrub vegetation. At more inland sites, C. 
p. var. pungens occurs on sandy, well-drained soils in a variety of 
habitat types, most frequently maritime chaparral, valley oak 
woodlands, and grasslands (CNDDB 2006). In grassland and oak woodland 
communities, abundant annual grasses may outcompete C. p. var. pungens, 
but in places where grass species are controlled through grazing, 
mowing, or fire activities that are appropriate in timing and 
intensity, C. p. var. pungens may persist (e.g. Zander Associates 2003, 
pp. B.22-B.24; Morgan 2006). Additional specific information about the 
native plant communities associated with C. p. var. pungens can be 
found in the listing rule notice (59 FR 5499) and the final critical 
habitat designation (67 FR 37498).

Primary Constituent Elements for Chorizanthe pungens var. pungens

    Pursuant to our regulations, we are required to identify the known 
physical and biological features (PCEs) essential to the conservation 
of Chorizanthe pungens var. pungens. All areas proposed as critical 
habitat for C. p. var. pungens were occupied at the time of listing and 
are presently occupied, within the species' historic geographic range, 
and contain the PCE to support at least one life history function.
    Based on our current knowledge of the life history, biology, and 
ecology of the species and the requirements of the habitat to sustain 
the essential life history functions of the species, we have determined 
that the PCE for Chorizanthe pungens var. pungens is:

    1. A vegetation structure arranged in a mosaic with openings 
between the dominant elements (e.g., scrub, shrub, oak trees, clumps 
of herbaceous vegetation) providing for sunlight on the following 
sandy soils: coastal beaches, dune land, Baywood sand, Ben Lomond 
sandy loam, Elder sandy loam, Oceano loamy sand, Arnold loamy sand, 
Santa Ynez fine sandy loam, Arnold-Santa Ynez complex, Metz complex, 
and Metz loamy sand.

    This proposed revision to the critical habitat designation is 
designed for those areas containing the PCE necessary to support the 
life history functions that were the basis for the proposal. Each of 
the areas proposed in this rule have been determined to contain the PCE 
to provide for the life history functions of Chorizanthe pungens var. 
pungens. Units are proposed for designation based on the PCE being 
present to support one or more of the species' life history functions.

Criteria Used To Identify Critical Habitat

    As required by section 4(b)(2) of the Act, we use the best 
scientific data available in determining areas that contain the 
features that are essential to the conservation of Chorizanthe pungens 
var. pungens. This includes information from the final listing rule; 
data from research and survey observations published in peer-reviewed 
articles; reports and survey forms prepared for Federal, State, and 
local agencies, and private corporations; site visits; regional 
Geographic Information System (GIS) layers, including soil and species 
coverages; and data submitted to the California Natural Diversity 
Database (CNDDB). We have also reviewed available information that 
pertains to the ecology, life history, and habitat requirements of this 
species. This material included information and data in peer-reviewed 
articles, reports of monitoring and habitat characterizations, reports 
submitted during section 7 consultations, scientific information cited 
in our recovery plan, and information received from local species 
experts. We are not proposing to designate any areas outside of the 
areas occupied by the species at the time of listing.
    The long-term conservation of Chorizanthe pungens var. pungens is 
dependent upon the protection of existing population sites and the 
maintenance of ecologic functions, such as connectivity between 
populations within close geographic proximity to facilitate pollinator 
activity and seed dispersal.
    We are proposing to designate critical habitat on lands occupied by 
the species at the time of listing and that, according to the best 
available information, continue to be occupied to date. All proposed 
units contain the features essential to the conservation of Chorizanthe 
pungens var. pungens. We are not proposing any units that are 
unoccupied.

[[Page 75195]]

    Determining the specific areas that this taxon occupies is 
challenging for several reasons: (1) The distribution of Chorizanthe 
pungens var. pungens appears to be more closely tied to the presence of 
sandy soils and openings in the surrounding vegetation than to specific 
plant communities because plant communities may undergo changes over 
time, which, due to the degree of cover that is provided by that 
vegetation type, may either favor the presence of C. p. var. pungens or 
not; (2) the way the current distribution of C. p. var. pungens is 
mapped varies depending on the scale at which patches of individuals 
were recorded (e.g., many small patches versus one large patch); and 
(3) depending on the climate and other annual variations in habitat 
conditions, the extent of the distributions may either shrink and 
temporarily disappear, or enlarge and cover a more extensive area.
    We used a multi-step process to identify and delineate proposed 
critical habitat units. First we mapped all CNDDB records of 
Chorizanthe pungens var. pungens known at the time of the final listing 
in a GIS format. These data consist of points and polygons depicting 
the results of field surveys. Additional records from recent surveys 
that have been reported to the CNDDB but have not yet been entered into 
their database were also mapped in GIS format. These surveys provided 
more detailed distribution information for C. p. var. pungens within 
and around known occurrences, but did not extend the known range of the 
taxon. We then selected sites from among this data set that contain the 
necessary features essential to the conservation of C. p. var. pungens, 
that may require special management considerations or protection, and 
would result in a designation that: (a) Represents the geographic range 
of the species, and captures peripheral populations; (b) encompasses 
large occurrences in large areas of contiguous native habitat, as these 
have the highest likelihood of persisting through the environmental 
extremes that characterize California's climate and of retaining the 
genetic variability to withstand future introduced stressors (e.g., new 
diseases, pathogens, or climate change); (c) includes the range of 
plant communities and soil types in which C. p. pungens is found; (d) 
maintains connectivity of occurrences; and (e) maintains the 
disturbance factors that create the openings in vegetation cover on 
which this taxon depends.
    Species and plant communities that are protected across their 
ranges are expected to have lower likelihoods of extinction (Soule and 
Simberloff 1986; Scott et al 2001, p. 1297-1300); therefore, proposed 
critical habitat should include multiple locations across the entire 
range of the species to prevent range collapse. Protecting peripheral 
or isolated populations is highly desirable because they may contain 
genetic variation not found in core populations. The genetic variation 
results from the effects of population isolation and adaptation to 
locally distinct environments (Lesica and Allendorf 1995, pp. 754-757; 
Fraser 2000, pp. 49-51; Hamrick and Godt, pp. 291-295). We also sought 
to include the range of plant communities, soil types, and elevational 
gradients in which Chorizanthe pungens var. pungens is found to 
preserve the genetic variation that may result from adaptation to local 
environmental conditions, documented in other plant species (e.g. see 
Hamrick and Godt pp. 299-301; Millar and Libby 1991, pp. 150, 152-155). 
Finally, habitat fragmentation can result in loss of genetic variation 
(Young et al. 1996, pp. 413-417); therefore, we sought to maintain 
connectivity between patches or occurrences of plants.
    In determining the extent of lands to propose as critical habitat, 
we identified all areas which contain those biological and physical 
features essential to the conservation of the species and are either 
already protected, managed, or otherwise unencumbered by conflicting 
use (e.g., undeveloped County or City parks, proposed preservation 
areas). Populations in these areas are most likely to persist into the 
future and to contribute to the species' survival and recovery. We 
added ownership categories to the proposed designation in the following 
manner: First we included undeveloped Federal and State lands, then 
local agency and private lands with recognized resource conservation 
emphasis (e.g., lands owned by a conservation-oriented non-profit 
organization, undeveloped County or City parks), and finally other 
agency and private lands.

Mapping

    To map the proposed revised critical habitat units, we overlaid 
Chorizanthe pungens var. pungens records on soil series data and, where 
available, vegetation data (e.g., maritime chaparral mapped by Van Dyke 
and Holl (2003)) to determine appropriate polygons that would contain 
the necessary habitat features essential to the conservation of C. p. 
var. pungens. This taxon is closely tied to the presence of sandy soil 
types, and occurrences are generally scattered between vegetation gaps 
within appropriate soil types. Units were delineated by first mapping 
the occurrences and soil types and considering other geographic 
features such as developed areas and road boundaries.
    When determining the proposed revisions to critical habitat 
boundaries within this proposed rule, we made every effort to avoid 
including developed areas, such as buildings, paved areas, and other 
structures, as well as tilled fields, row crops, and golf courses that 
lack the PCE for Chorizanthe pungens var. pungens. The scale of the 
maps prepared under the parameters for publication within the Code of 
Federal Regulations may not reflect the non-inclusion of such developed 
areas. Any such structures and the land under them inadvertently left 
inside critical habitat boundaries shown on the maps of this proposed 
revision to critical habitat have been excluded by text in the proposed 
revision and are not proposed for designation as critical habitat. 
Therefore, Federal actions limited to these areas would not trigger 
section 7 consultation, unless they affect the species and/or the 
primary constituent element in adjacent critical habitat.
    Using the above criteria we identified nine units that contain the 
necessary features essential to the conservation of Chorizanthe pungens 
var. pungens. Four units are located in southern Santa Cruz and 
northern Monterey County along the immediate coast; four are located in 
Monterey County inland from the Monterey Bay (including two in the 
Aptos area, one in the Prunedale area, and one at former Fort Ord); and 
one unit is located in the Salinas River Valley near Soledad.
    Units were designated based on the PCE being present to support 
Chorizanthe pungens var. pungens life processes.
    We are proposing to revise the critical habitat designation on 
lands that meet the first prong of the definition of critical habitat 
given previously and, therefore, were determined to be occupied at the 
time of listing and contain the primary constituent element to support 
life history functions essential for the conservation of the species. 
The proposed revision to critical habitat is designed to provide 
sufficient habitat to maintain self-sustaining populations of C. p. 
var. pungens throughout its range and provide those habitat components 
that have the necessary features that are essential for the 
conservation of the species. The habitat components provide for: (1) 
individual and population growth, including sites for germination, 
pollination, reproduction,

[[Page 75196]]

pollen and seed dispersal; (2) areas that allow gene flow and provide 
connectivity between occupied areas; and (3) areas that provide basic 
requirements for growth, such as appropriate soil type and openings 
within vegetation cover. All proposed revised critical habitat units 
were delineated based on the PCE being present to support C. p. var. 
pungens life processes.
    Section 10(a)(1)(B) of the Act authorizes us to issue permits for 
the take of listed animal 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. We often exclude 
non-Federal public lands and private lands that are covered by an 
existing operative HCP and incidental take permit under section 
10(a)(1)(B) of the Act from designated critical habitat because the 
benefits of exclusion outweigh the benefits of inclusion as discussed 
in section 4(b)(2) of the Act. We are currently unaware of any areas 
within this critical habitat proposal that fall into this category.

Special Management Considerations or Protections

    When designating critical habitat, we assess whether the areas 
determined to be occupied at the time of listing and which contain the 
PCE may require special management considerations or protections. We 
have also considered how revising the current designation highlights 
habitat that needs special management consideration or protection.
    Many of the known occurrences of Chorizanthe pungens var. pungens 
are threatened by direct and indirect effects from habitat 
fragmentation and loss, and edge effects resulting from urban 
development. Examples of edge effects include increases in invasive 
non-native species and increased trampling and soil compaction from 
recreation (Conservation Biology Institute 2000, p 5). Additional 
threats to C. p. var. pungens include road development, invasive 
species control with herbicides, industrial and recreational 
development, equestrian and other recreational activities, and dune 
stabilization using non-native species (59 FR 5499). Threats that could 
result in unfavorable disturbance intensity, frequency, or timing and 
can destroy individual plants or deplete any associated seed bank 
include road maintenance, invasive species control, and fire 
suppression. These threats may require special management to ensure the 
long-term conservation of C. p. var. pungens. Threats specific to 
individual units are described in the following below titled ``Proposed 
Revisions to the Critical Habitat Designation.''

Summary of Changes From Previously Designated Critical Habitat

    The areas identified in this proposed rule constitute a proposed 
revision from the areas we designated as critical habitat for 
Chorizanthe pungens var. pungens on May 29, 2002 (67 FR 37498). The 
main differences include the following:
    1. The 2002 critical habitat rule (67 FR 37498) consisted of 10 
units comprising a total of 18,829 acres (7,620 ha). This proposed 
revision includes 9 units comprising a total of 11,032 acres (ac) 
(4,466 ha). Eight of the units in the proposed revision are generally 
located in the same geographic locations as those from the previous 
designation and bear the same unit names. The ninth unit in this 
current proposed revision (Manresa) was included in the previous 
proposed critical habitat designation in 2000, but dropped from the 
previous final designation in 2002 due to confusion concerning the 
identity of the spineflower populations that occur there. Since 2002, 
we confirmed the presence of Chorizanthe pungens var. pungens at 
Manresa State Beach. Additionally, two of the units included in the 
previous designation in 2002 were not included in this proposed 
revision. One of these units, Del Rey Oaks, has substantial areas of 
development within its boundaries, and as a consequence the areas 
within the unit that contain the PCEs are very fragmented. The second 
of these units, Bel Mar, is in close proximity to the Manresa unit 
included in this proposed revision, but not included in the 2002 
critical habitat rule. The Monterey spineflower in the Manresa unit was 
recently discovered and contains a more robust population than the Bel 
Mar unit. For these reasons, the Del Rey Oaks and Bel Mar units are no 
longer considered essential to the conservation of the species.
    2. We revised the PCEs. The 2002 critical habitat rule listed four 
separate elements that we believed to be important to maintaining 
populations of Chorizanthe pungens var. pungens where they occur 
(soils, plant communities, low cover of non-native species, and 
physical processes that support natural dune dynamics). In our proposed 
revision of critical habitat, we have combined these four elements 
within one PCE in an effort to emphasize the overarching importance of 
the structure of the vegetation (mosaic with openings between the 
dominant elements).
    3. Most of the units in this proposed revision are smaller in 
acreage than their counterpart units in the 2002 critical habitat rule. 
The decrease in size is due primarily to the removal of numerous 
parcels in private ownership where, due to the availability of updated 
aerial imagery, we removed areas of development included in the 2002 
critical habitat rule and areas developed since the publication of the 
prior rule. In addition, the changes to Unit 7 are due to the removal 
of areas in the 2002 rule that are underlain by soil types not known to 
support Monterey spineflower, and removal of areas containing suitable 
soils isolated by development (and not known to support Monterey 
spineflower). The resulting units are more accurately mapped to include 
those areas that contain the PCEs.

Proposed Revisions to the Critical Habitat Designation

    We are proposing nine critical habitat units for Chorizanthe 
pungens var. pungens. These units, which generally correspond to those 
units in the 2002 designation, if finalized, would entirely replace the 
current critical habitat designation for Chorizanthe pungens var. 
pungens in 50 CFR 17.95(a). The critical habitat units described below 
constitute our best assessment at this time of areas determined to be 
occupied at the time of listing that contain the primary constituent 
element, and that may require special management. The nine proposed 
critical habitat units are: Sunset Unit 1, Moss Landing Unit 2, Marina 
Unit 3, Asilomar Unit 4, Freedom Boulevard Unit 5, Manresa Unit 6, 
Prunedale Unit 7, Fort Ord Unit 8, and Soledad Unit 9.
    The approximate area encompassed within each proposed critical 
habitat unit is shown in Table 1.

[[Page 75197]]



                                     Table 1.--Critical Habitat Units Proposed for Chorizanthe pungens var. pungens
                                      [Area estimates reflect all land within critical habitat unit boundaries] \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 State lands          Private lands       County and other        Federal lands       Estimate of total
                                           --------------------------------------------  local jurisdictions ----------------------       acreages
                 Unit name                                                             ----------------------                      ---------------------
                                              Acres     Hectares    Acres     Hectares    Acres     Hectares    Acres     Hectares    Acres     Hectares
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Sunset.................................         85         35          0          0          0          0          0          0         85         35
2. Moss Landing...........................        224         91          0          0          0          0          0          0        224         91
3. Marina \2\.............................        884        358          0          0          0          0          0          0        884        358
4. Asilomar...............................         40         16          0          0          4          2          4          1         48         19
5. Freedom Blvd...........................          0          0         24         10          0          0          0          0         24         10
6. Manresa................................         94         38          0          0          0          0          0          0         94         38
7. Prunedale..............................        155         63         17          7         18          7          0          0        190         77
8. Fort Ord \2\...........................        606        245          0          0        654        265      8,172      3,307      9,432      3,817
9. Soledad................................          0          0         51         21          0          0          0          0         51         21
                                           -------------------------------------------------------------------------------------------------------------
    Approximate Total.....................      2,088        845         92         38        676        274      8,176      3,309     11,032      4,466
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Approximate acres have been converted to hectares (1 ha = 2.47 ac). Based on the level of imprecision of mapping of each unit, hectares and acres
  greater than 10 have been rounded to the nearest 5; hectares and acres less than or equal to 10 have been rounded to the nearest whole number. Totals
  are sums of units.
\2\ Acreages assigned to various landowner categories for the Fort Ord and Marina units (on former Fort Ord) reflect future land recipient, as indicated
  by 2006 Army records.

    We present descriptions of all units, and reasons why they meet the 
definition of critical habitat for Chorizanthe pungens var. pungens, 
below.

Unit 1: Sunset (85 ac (35 ha))

    This unit consists of coastal beaches, dunes, and bluffs located 
west of Watsonville in southern Santa Cruz County. Unit 1 contains 
space for individual and population growth, including sites for seed 
dispersal and germination; provides the basic requirements for growth; 
and includes soils primarily in the coastal beach, dune land, and 
Baywood sand series (Soil Conservation Service 1978, pp. 13-25; 1980 
(maps)) (PCE 1). This unit was occupied at the time of listing and is 
currently occupied (CNDDB 2006, CDPR 2006a). This unit consists 
exclusively of State land (85 ac (35 ha)) and is entirely within the 
boundaries of Sunset State Beach. The unit includes land from Sunset 
Beach Road south to the gate on Shell Road, just north of the mouth of 
the Pajaro River, and west of Shell Road, which extends the length of 
the park. Unit 1 is important because it supports a large population of 
Chorizanthe pungens var. pungens that in some years numbers in the tens 
of thousands (CNDDB 2006, CDPR 2006a). Threats that may require special 
management considerations or protection in this unit include invasive 
non-native plants, particularly European beachgrass which forms dense 
stands on coastal beaches and crowds out C. p. var. pungens, and 
recreational activities, including camping and foot traffic, which 
could result in the trampling of plants.

Unit 2: Moss Landing (224 ac (91 ha))

    This unit consists of coastal beaches, dunes, and bluffs to the 
north and south of the community of Moss Landing in northern Monterey 
County. Unit 2 contains space for individual and population growth, 
including sites for seed dispersal and germination, and areas that 
provide for the basic requirements for growth, including soils in the 
coastal beach, and dune land series (Soil Conservation Service 1978, 
pp. 13-25) (PCE 1). The northern portion of this unit includes lands 
owned and managed by the State, including portions of Zmudowski State 
Beach and Moss Landing State Beach between the mouths of the Pajaro 
River and Elkhorn Slough. The southern portion of this unit includes 
State lands within Salinas River State Beach. This unit was occupied at 
the time of listing and was included in our previous critical habitat 
designation. Herbarium records indicate that this site was occupied as 
early as 1933 and has remained occupied through time (Consortium of 
California Herbaria 2006 cites collections by H.S. Tates, 1936; T. 
Craig, 1933; J. Thomas, 1950). Chorizanthe pungens var. pungens was 
also recently observed in this unit (CDPR 2006b, unpaginated). This 
unit contains one of only five populations found along the coast, and 
it may provide connectivity between the Sunset unit to the north, and 
the Marina unit to the south. Threats that may require special 
management considerations or protection in this unit consist of 
invasive non-native plants, particularly ice-plant which forms dense 
ground cover on coastal beaches and crowds out C. p. var. pungens; and 
recreational activities including foot traffic, which could result in 
the trampling of plants.

Unit 3: Marina (884 ac (358 ha))

    This unit consists of coastal beaches, dunes, and bluffs ranging 
from just south of the mouth of the Salinas River, south to the city of 
Monterey in northern Monterey County; these lands are entirely west of 
Highway 1. Unit 3 contains space for individual and population growth, 
including sites for seed dispersal and germination, and areas that 
provide for the basic requirements for growth, including soils in the 
coastal beach, dune land, and Oceano loamy sand soil series (Soil 
Conservation Service 1978, pp. 13-25, 54-55) (PCE 1). This unit was 
occupied at the time of listing and it is currently occupied (CNDDB 
2006, CDPR 2006, Service 2002 p. 54). Unit 3 is comprised of State 
lands, including Marina State Beach and Monterey State Beach. This unit 
is important because it supports a population of C. p. var. pungens 
that numbers in the thousands in some years (CNDDB 2006, Service 1998 
p. 67); it is the southernmost of the Monterey Bay area coastal 
populations; and it may provide connectivity between the populations 
along the coast and the more interior populations found at former Fort 
Ord. Threats that may require special management considerations or 
protection in this unit consist of invasive non-native plants, 
particularly ice-plant which forms dense ground cover on coastal 
beaches and crowds out C. p. var. pungens; recreational activities such 
as foot traffic which could result in the trampling of

[[Page 75198]]

plants; and edge effects of urban development.

Unit 4: Asilomar (48 ac (19 ha))

    This unit consists of coastal dunes and bluffs near the communities 
of Pacific Grove and Pebble Beach on the Monterey Peninsula in northern 
Monterey County. The unit includes a portion of Asilomar State Beach 
and extends just beyond Lighthouse Avenue to the north and terminates 
at the boundary of the Asilomar Conference Grounds. The unit's eastern 
boundary extends from Highway 68 north along Asilomar Avenue and then 
turns west on Arena Avenue where the boundary connects to Sunset Drive. 
Unit 4 contains space for individual and population growth, including 
sites for seed dispersal and germination; and areas that provide for 
the basic requirements for growth, including soils in the coastal 
beach, dune land, and Baywood sand soil series (Soil Conservation 
Service 1978, pp. 13-25) (PCE 1). The unit is comprised of 4 ac (1 ha) 
of Federal lands, 40 ac (16 ha) of State lands at Asilomar State Beach, 
and 4 ac (2 ha) of local government ownership. This unit was occupied 
at the time of listing and is currently occupied. Herbarium records 
that include specimens from this area include the following (collector 
and year): Lemmon 1881, L.C. Wheeler, 1936, R. Hoover, 1941 and 1963, 
L.S. Rose 1963, (Consortium of California Herbaria 2006)). This unit 
currently supports a population of Chorizanthe pungens var. pungens 
that numbers in the hundreds (Moss 2000, unpaginated). This unit is 
important because it is the southernmost of only five populations of C. 
p. var. pungens along the coast and it is the only Peninsular 
population in the proposed designation. Preserving the genetic 
characteristics that have allowed individuals at this site to survive 
at the southern end of the species' range along the coast is important 
for the long-term survival and conservation of C. p. var. pungens. 
Threats that may require special management considerations or 
protection in this unit consist of invasive non-native plants, 
particularly ice-plant which forms dense ground cover on coastal 
beaches and crowds out C. p. var. pungens; recreational activities such 
as foot traffic which could result in the trampling of plants; and edge 
effects of urban development. An additional threat in this unit is the 
expansion of unregulated vehicle parking in the dunes caused by the 
high numbers of visitors this area receives each year.

Unit 5: Freedom Boulevard (24 ac (10 ha))

    This unit consists of grassland, maritime chaparral, and oak 
woodland habitat near the western terminus of Freedom Boulevard and 
northeast of Highway 1 in Santa Cruz County. This unit consists 
entirely of private lands (24 ac (10 ha)). Unit 5 contains space for 
individual and population growth, including sites for seed dispersal 
and germination; areas that provide for the basic requirements for 
growth; and includes soils in the Baywood sand and Ben Lomond sandy 
loam series (Soil Conservation Service 1980, pp. 64-65; maps) (PCE 1). 
This unit was occupied at the time of listing and is currently occupied 
(CNDDB 2006, EOs 32 and 34; Morgan 2006, unpaginated). This unit 
currently supports a population of Chorizanthe pungens var. pungens 
that numbers in the thousands in favorable years, but many fewer in 
unfavorable years (CNDDB 2006, EOs 32, 34). This unit is important 
because it is the northernmost occurrence in the designation. Threats 
that may require special management considerations or protection in 
this unit include invasive non-native plants, particularly annual 
grasses which crowd out C. p. var. pungens, and edge effects from urban 
development.

Unit 6: Manresa (94 ac (38 ha))

    This unit consists of coastal bluffs along the immediate coast, 
south of Seacliff State Beach and north of Sunset State Beach in Santa 
Cruz County. Unit 6 contains space for individual and population 
growth, including sites for seed dispersal and germination, and areas 
that provide for the basic requirements for growth, including soils in 
the coastal beach, Baywood sand, and Elder sandy loam series (Soil 
Conservation Service 1980, pp. 11-70, maps (PCE 1). This unit is 
comprised entirely of lands owned and managed by the State at Manresa 
State Beach. This unit was occupied at the time of listing and is 
currently occupied. This unit is important because it is the most 
northerly population that is known from the immediate coast and 
provides connectivity to populations in the Sunset unit to the south. 
Threats that may require special management considerations or 
protection in this unit consist of invasive non-native plants, and 
recreational activities including foot traffic, which could result in 
the trampling of plants.

Unit 7: Prunedale (190 ac (77 ha))

    This unit consists of grassland, maritime chaparral, and oak 
woodland in the area around Prunedale in northern Monterey County. On 
the west side of Highway 101, the unit includes Manzanita County Park 
located between Castroville Boulevard and San Miguel Canyon Road. On 
the east side of Highway 101, the unit consists of four subunits. The 
four subunits support similar plant communities and need similar types 
of special management; therefore, we discuss them as a unit. Unit 7 
contains space for individual and population growth, including sites 
for seed dispersal and germination, and areas that provide for the 
basic requirements for growth, including soils in the Arnold loamy 
sand, Santa Ynez fine sandy loam, and Arnold-Santa Ynez complex series 
(Soil Conservation Service 1978, pp. 9-11, 72-73) (PCE 1). This unit 
consists of 155 ac (63 ha) of State lands, 18 ac (7 ac) of local agency 
lands (Manzanita County Park), and 17 ac (7 ha) of Pacific Gas and 
Electric easement lands. This unit was occupied at the time of listing 
and was included in our rule in reference to the Prunedale area (59 FR 
5499) and is currently occupied (Caltrans 2001, Consortium of 
California Herbaria 2006). This unit is important because it is one of 
only four units that are known to support populations associated with 
maritime chaparral and oak woodland habitats more representative of 
hotter, interior sites and is the easternmost of the proposed units in 
the interior hills. Threats that may require special management 
considerations or protections in this unit include invasive non-native 
plants which crowd out C. p. var. pungens, edge effects from urban 
development, and recreational activities such as off road vehicles 
which can crush plants and destroy seeds.

Unit 8: Fort Ord (9,432 ac (3,817 ha))

    This unit consists of grassland, maritime chaparral, coastal scrub, 
and oak woodland on the former Department of Defense (DOD) base at Fort 
Ord, east of the city of Seaside in northern Monterey County. This unit 
is entirely within the area formerly known as Fort Ord, bounded by 
Highway 1 on the northwest, the Salinas River to the east, and 
Monterey-Salinas Road (Highway 68) to the south. Approximately 87 
percent of this critical habitat unit is Federal land (8,172 ac (3,307 
ha)) managed by the BLM and the Army, 6 percent is State land, and 7 
percent is under local jurisdictions. Portions of Fort Ord have been 
transferred to the BLM; University of California, Santa Cruz; 
California State University at Monterey Bay; and local city and county 
jurisdictions. All of the lands included in this unit are designated as 
current or

[[Page 75199]]

future habitat reserves under the Army's habitat management plan (ACOE 
1997, Attachment A map; Zander Associates 2002, Figures 4-6). Unit 8 
contains space for individual and population growth, including sites 
for seed dispersal and germination, and areas that provide for the 
basic requirements for growth, and includes soils in the Arnold-Santa 
Ynez complex, Baywood sand, and Oceano loamy sand series (Soil 
Conservation Service 1978, pp. 9-73). Lands in this unit are intended 
to be managed at a landscape scale, using prescribed fire, as needed, 
to maintain a range of different aged maritime chaparral stands (ACOE 
1997, p. 4.24-4.25) and by doing so preserve substantial populations of 
rare maritime chaparral species in the Monterey Bay area. This unit was 
occupied at the time of listing (59 FR 5499) and is currently occupied. 
This unit is important because it currently supports multiple large 
populations of Chorizanthe pungens var. pungens that number in the tens 
of thousands in some years (CNDDB 2006, EO 2; Jones and Stokes 1992, 
Figure F-3; BLM 2006), and it is one of only five units which include 
maritime chaparral and oak woodland habitats more representative of 
hotter, interior sites. Threats that may require special management 
considerations or protection in this unit include invasive species that 
crowd out C. p. var. pungens, munitions clean-up methods on former 
ranges that remove and chip all standing vegetation, and recreational 
activities and road and trail maintenance, which could result in the 
trampling of plants.

Unit 9: Soledad (51 ac (21 ha))

    This unit consists of an interior dune in the floodplain of the 
Salinas River channel just south of the town of Soledad in central 
Monterey County on privately owned lands. Unit 9 contains space for 
individual and population growth, including sites for seed dispersal 
and germination, and areas that provide for the basic requirements for 
growth, including soils in the dune land and Metz complex soil series 
(Soil Conservation Service 1978, pp. 24, 48-49) (PCE 1). This unit was 
occupied at the time of listing and is currently occupied. 
Approximately 5,000 plants were observed in this unit in 1994 (CNDDB 
2006 EO 28, Wesco 1994, pp. 5-8). This unit is important because it is 
the southernmost interior location that supports a population and the 
only unit where Chorizanthe pungens var. pungens grows in interior 
floodplain dune habitat. This population is geographically remote from 
all others in this designation. Protecting peripheral or isolated 
populations of rare species is highly desirable because they may 
contain genetic variation not found in core populations (Lesica and 
Allendorf 1995, p. 755-757) Threats that may require special management 
considerations or protection in this unit include invasive non-native 
plants which crowd out C. p. var. pungens; overspray of herbicides and 
pesticides from agricultural operations; and vegetation clearing 
activities associated with road maintenance.

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7 of the Act requires Federal agencies, including the 
Service, to ensure that actions they fund, authorize, or carry out are 
not likely to destroy or adversely modify critical habitat. In our 
regulations at 50 CFR 402.02, we define destruction or adverse 
modification as ``a direct or indirect alteration that appreciably 
diminishes the value of critical habitat for both the survival and 
recovery of a listed species. Such alterations include, but are not 
limited to, alterations adversely modifying any of those physical or 
biological features that were the basis for determining the habitat to 
be critical.'' However, recent decisions by the 5th and 9th Circuit 
Court of Appeals have invalidated this definition (see Gifford Pinchot 
Task Force v. U.S. Fish and Wildlife Service, 378 F. 3d 1059 (9th Cir 
2004) and Sierra Club v. U.S. Fish and Wildlife Service et al., 245 
F.3d 434, 442F (5th Cir 2001)). Pursuant to current national policy and 
the statutory provisions of the Act, destruction or adverse 
modification is determined on the basis of whether, with implementation 
of the proposed Federal action, the affected critical habitat would 
remain functional (or retain the current ability for the primary 
constituent elements to be functionally established) to serve the 
intended conservation role for the species.
    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 proposed or designated. 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. This is a procedural requirement only. 
However, once proposed species becomes listed, or proposed critical 
habitat is designated as final, the full prohibitions of section 
7(a)(2) apply to any Federal action. The primary utility of the 
conference procedures is to maximize the opportunity for a Federal 
agency to adequately consider proposed species and critical habitat and 
avoid potential delays in implementing their proposed action as a 
result of the section 7(a)(2) compliance process, should those species 
be listed or the critical habitat designated.
    Under conference procedures, the Service may provide advisory 
conservation recommendations to assist the agency in eliminating 
conflicts that may be caused by the proposed action. The Service may 
conduct either informal or formal conferences. Informal conferences are 
typically used if the proposed action is not likely to have any adverse 
effects to the proposed species or proposed critical habitat. Formal 
conferences are typically used when the Federal agency or the Service 
believes the proposed action is likely to cause adverse effects to 
proposed species or critical habitat, inclusive of those that may cause 
jeopardy or adverse modification.
    The results of an informal conference are typically transmitted in 
a conference report; while the results of a formal conference are 
typically transmitted in a conference opinion. Conference opinions on 
proposed critical habitat are typically prepared according to 50 CFR 
402.14, as if the proposed critical habitat were designated. We may 
adopt the conference opinion 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)). As noted above, any conservation recommendations in a 
conference report or opinion are strictly advisory.
    If a species is listed or critical habitat is designated, section 
7(a)(2) of the Act requires Federal agencies to ensure that activities 
they authorize, fund, or carry out are not likely to jeopardize the 
continued existence of such a species or to destroy or adversely modify 
its critical habitat. If a Federal action may affect a listed species 
or its critical habitat, the responsible Federal agency (action agency) 
must enter into consultation with us. As a result of this consultation, 
compliance with the requirements of section 7(a)(2) will be documented 
through the Service's issuance of: (1) a concurrence letter for Federal 
actions that may affect, but are not likely to adversely affect, listed 
species or critical habitat; or (2) a

[[Page 75200]]

biological opinion for Federal actions that may affect, but are likely 
to adversely affect, listed species or critical habitat.
    When we issue a biological opinion concluding that a project is 
likely to result in jeopardy to a listed species or 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 
jeopardy to the listed species or 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 a new 
species is listed or critical habitat is subsequently designated that 
may be affected and the Federal agency has retained discretionary 
involvement or control over the action or such discretionary 
involvement or control is authorized by law. Consequently, some Federal 
agencies may request reinitiation of consultation with us on actions 
for which formal consultation has been completed, if those actions may 
affect subsequently listed species or designated critical habitat or 
adversely modify or destroy proposed critical habitat.
    Federal activities that may affect Chorizanthe pungens var. pungens 
or its designated critical habitat will require section 7 consultation 
under the Act. Activities on State, tribal, local or private lands 
requiring a Federal permit (such as a permit from the Corps under 
section 404 of the Clean Water Act or a permit under section 
10(a)(1)(B) of the Act from the Service) or involving some other 
Federal action (such as funding from the Federal Highway 
Administration, Federal Aviation Administration, or the Federal 
Emergency Management Agency) will also be subject to the section 7 
consultation process. Federal actions not affecting listed species or 
critical habitat, and actions on State, tribal, local or private lands 
that are not federally-funded, authorized, or permitted, do not require 
section 7 consultations.

Application of the Jeopardy and Adverse Modification Standards for 
Actions Involving Effects to Chorizanthe pungens var. pungens and Its 
Critical Habitat

Jeopardy Standard
    Prior to and following designation of critical habitat, the Service 
has applied an analytical framework for Chorizanthe pungens var. 
pungens jeopardy analyses that relies heavily on the importance of core 
area populations to the survival and recovery of the C. p. var. 
pungens. The section 7(a)(2) analysis is focused not only on these 
populations but also on the habitat conditions necessary to support 
them.
    The jeopardy analysis usually expresses the survival and recovery 
needs of the Chorizanthe pungens var. pungens in a qualitative fashion 
without making distinctions between what is necessary for survival and 
what is necessary for recovery. Generally, if a proposed Federal action 
is incompatible with the viability of the affected core area 
population(s), inclusive of associated habitat conditions, a jeopardy 
finding is considered to be warranted, because of the relationship of 
each core area population to the survival and recovery of the species 
as a whole.
Adverse Modification Standard
    The analytical framework described in the Director's December 9, 
2004, memorandum will be used to complete section 7(a)(2) analyses for 
Federal actions affecting Chorizanthe pungens var. pungens critical 
habitat. The key factor related to the adverse modification 
determination is whether, with implementation of the proposed Federal 
action, the affected critical habitat would remain functional (or 
retain the current ability for the primary constituent elements to be 
functionally established) to serve the intended conservation role for 
the species. Generally, the conservation role of C. p. var. pungens 
critical habitat units is to support viable core area populations.
    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 may also jeopardize the continued existence of the species.
    Activities that may destroy or adversely modify critical habitat 
are those that alter the PCEs to an extent that the conservation value 
of critical habitat for the Chorizanthe pungens var. pungens is 
appreciably reduced. Activities that, when carried out, funded, or 
authorized by a Federal agency, may affect critical habitat and 
therefore result in consultation for the C. p. var. pungens include, 
but are not limited to:
    (1) Actions that would degrade or destroy native maritime 
chaparral, dune, and oak woodland communities, including but not 
limited to, livestock grazing, clearing, discing, introducing or 
encouraging the spread of non-native plants, and heavy recreational 
use;
    (2) Actions that would appreciably diminish habitat value or 
quality through indirect effects (e.g., edge effects, invasion of non-
native plants or animals, or fragmentation).
    All of the units in the proposed revision to critical habitat to 
contain features essential to the conservation of Chorizanthe pungens 
var. pungens. All units are within the geographic range of the species, 
and all were occupied by the species at the time of listing. All units 
are currently occupied by C. p. var. pungens. Federal agencies already 
consult with us on activities in areas currently occupied by the C. p. 
var. pungens, or if the species may be affected by the action, to 
ensure that their actions do not jeopardize the continued existence of 
the C. p. var. pungens.

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

    The Sikes Act Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a) 
required each military installation that includes land and water 
suitable for the conservation and management of natural resources to 
complete, by November 17, 2001, an Integrated Natural Resource 
Management Plan (INRMP). An INRMP integrates implementation of the 
military mission of the installation with stewardship of the natural 
resources found on the base. Each INRMP includes an assessment of the 
ecological needs on the installation, including the need to provide for 
the conservation of listed species; a statement of goals and 
priorities; a detailed description of management actions to be 
implemented to provide for these ecological needs; and a monitoring and 
adaptive management plan. Among other things, each INRMP must, to the 
extent appropriate and applicable, provide for fish and wildlife 
management, fish and wildlife habitat enhancement or modification, 
wetland protection, enhancement, and

[[Page 75201]]

restoration where necessary to support fish and wildlife and 
enforcement of applicable natural resource laws.
    The National Defense Authorization Act for Fiscal Year 2004 (Public 
Law 108-136) amended the Act to limit areas eligible for designation as 
critical habitat. Specifically, section 4(a)(3)(B)(i) of the Act (16 
U.S.C. 1533(a)(3)(B)(i)) now provides: The Secretary shall not 
designate as critical habitat any lands or other geographical areas 
owned or controlled by the Department of Defense, or designated for its 
use, that are subject to an integrated natural resources management 
plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a), if 
the Secretary determines in writing that such plan provides a benefit 
to the species for which critical habitat is proposed for designation.
    Lands at former Fort Ord are not discussed in this section because 
Fort Ord is no longer an active military installation. All but a few 
hundred acres at former Fort Ord are to be eventually transferred to 
non-military entities. The few hundred acres that the Army may retain 
do not occur within this proposed critical habitat designation.

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

    Section 4(b)(2) of the Act states that critical habitat shall be 
designated, and revised, on the basis of the best available scientific 
data after taking into consideration the economic impact, national 
security impact, and any other relevant impact, of specifying any 
particular area as critical habitat. The Secretary may exclude an area 
from critical habitat if he determines that the benefits of such 
exclusion outweigh the benefits of specifying such area as part of the 
critical habitat, unless he determines, based on the best scientific 
data available, that the failure to designate such area as critical 
habitat will result in the extinction of the species. In making that 
determination, the Congressional record is clear that the Secretary is 
afforded broad discretion regarding which factor(s) to use and how much 
weight to give to any factor.
    Pursuant to section 4(b)(2) of the Act, we must consider relevant 
impacts in addition to economic ones. We anticipate no impact to 
national security, Tribal lands, or habitat conservation plans from 
this proposed revision to the current critical habitat designation. 
Based on the best available information, we believe that all of the 
proposed revised units contain the features essential to Chorizanthe 
pungens var. pungens or are otherwise essential for the conservation of 
this species. As such, we have considered but are not proposing to 
exclude any lands from this designation based on the potential impacts 
to these or other factors.

Economic Analysis

    An analysis of the economic impacts of this proposed critical 
habitat revision for Chorizanthe pungens var. pungens is being 
prepared. We will announce the availability of the draft economic 
analysis as soon as it is completed, at which time we will seek public 
review and comment. At that time, copies of the draft economic analysis 
will be available for downloading from the Internet at http://www.fws.gov/ventura/ or by contacting the VFWO directly (see ADDRESSES 
section).

Peer Review

    In accordance with our joint 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 revised rule. The purpose of such review is to 
ensure that our critical habitat designation is based on scientifically 
sound data, assumptions, and analyses. We will send these peer 
reviewers copies of this proposed revised 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 revisions to the 
current critical habitat designation.
    We will consider all comments and information received during the 
comment period on this proposed revised rule during preparation of a 
final rulemaking. Accordingly, the final decision may differ from this 
proposed revision.

Public Hearings

    The Act provides for one or more public hearings on this proposal, 
if requested. Requests for public hearings must be made in writing at 
least 15 days prior to the close of the public comment period. We will 
schedule public hearings on this proposal, if any are requested, and 
announce the dates, times, and places of those hearings in the Federal 
Register and local newspapers at least 15 days prior to the first 
hearing.

Clarity of the Rule

    Executive Order 12866 requires each agency to write regulations and 
notices that are easy to understand. We invite your comments on how to 
make this proposed revised rule easier to understand, including answers 
to questions such as the following: (1) Are the requirements in the 
proposed revised rule clearly stated? (2) Does the proposed revised 
rule contain technical jargon that interferes with the clarity? (3) 
Does the format of the proposed revised rule (grouping and order of the 
sections, use of headings, paragraphing, and so forth) aid or reduce 
its clarity? (4) Is the description of the notice in the SUPPLEMENTARY 
INFORMATION section of the preamble helpful in understanding the 
proposed revised rule? (5) What else could we do to make this proposed 
revised rule easier to understand?
    Send a copy of any comments on how we could make these proposed 
revisions to the critical habitat designation easier to understand to: 
Office of Regulatory Affairs, Department of the Interior, Room 7229, 
1849 C Street, NW., Washington, DC 20240. You may e-mail your comments 
to this address: <a href="/cdn-cgi/l/email-protection#387d404b5d5b7851574b165c5751165f574e"><span class="__cf_email__" data-cfemail="0e4b767d6b6d4e67617d206a616720696178">[email protected]</span></a>.

Required Determinations

Regulatory Planning and Review

    In accordance with Executive Order 12866, this document is a 
significant rule in that it may raise novel legal and policy issues, 
but it is not anticipated to have an annual effect on the economy of 
$100 million or more or affect the economy in a material way. Due to 
the tight timeline for publication in the Federal Register, the Office 
of Management and Budget (OMB) has not formally reviewed this rule. We 
are preparing a draft economic analysis of this proposed action, which 
will be available for public comment, to determine the economic 
consequences of designating the specific areas as critical habitat. 
This economic analysis also will be used to determine compliance with 
Executive Order 12866, Regulatory Flexibility Act, Small Business 
Regulatory Enforcement Fairness Act, and Executive Order 12630.
    Further, Executive Order 12866 directs Federal Agencies 
promulgating regulations to evaluate regulatory alternatives (Office of 
Management and Budget, Circular A-4, September 17, 2003). Pursuant to 
Circular A-4, once it has been determined that the Federal regulatory 
action is appropriate, then the agency will need to consider 
alternative regulatory approaches. Since the determination of critical 
habitat is a statutory requirement under the Endangered Species Act of 
1973, as amended (Act) (16 U.S.C. 1531 et seq.), we must then evaluate 
alternative regulatory approaches, where feasible, when promulgating a 
designation of critical habitat.

[[Page 75202]]

    In developing our designations of critical habitat, we consider 
economic impacts, impacts to national security, and other relevant 
impacts under section 4(b)(2) of the Act. Based on the discretion 
allowable under this provision, we may exclude any particular area from 
the designation of critical habitat providing that the benefits of such 
exclusion outweigh the benefits of specifying the area as critical 
habitat and that such exclusion would not result in the extinction of 
the subspecies. As such, we believe that the evaluation of the 
inclusion or exclusion of particular areas, or combination thereof, in 
a designation constitutes our regulatory alternative analysis.
    Within these areas, the types of Federal actions or authorized 
activities that we have identified as potential concerns are listed 
above in the section on Section 7 Consultation. The availability of the 
draft economic analysis will be announced in the Federal Register and 
in local newspapers so that it is available for public review and 
comments. The draft economic analysis can be obtained from the internet 
website at http://www.fws.gov/ventura/ or by contacting the VFWO 
directly (see ADDRESSES section).

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

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as 
amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), whenever an agency is required to publish a notice 
of rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effects of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
the agency certifies the rule will not have a significant economic 
impact on a substantial number of small entities. The SBREFA amended 
the Regulatory Flexibility Act (RFA) to require Federal agencies to 
provide a statement of the factual basis for certifying that the rule 
will not have a significant economic impact on a substantial number of 
small entities.
    At this time, the Service lacks the available economic information 
necessary to provide an adequate factual basis for the required RFA 
finding. Therefore, the RFA finding is deferred until completion of the 
draft economic analysis prepared under section 4(b)(2) of the Act and 
E.O. 12866. This draft economic analysis will provide the required 
factual basis for the RFA finding. Upon completion of the draft 
economic analysis, the Service will publish a notice of availability of 
the draft economic analysis of the proposed designation and reopen the 
public comment period for the proposed designation for an additional 60 
days. The Service will include with the notice of availability, as 
appropriate, an initial regulatory flexibility analysis or a 
certification that the rule will not have a significant economic impact 
on a substantial number of small entities accompanied by the factual 
basis for that determination. The Service has concluded that deferring 
the RFA finding until completion of the draft economic analysis is 
necessary to meet the purposes and requirements of the RFA. Deferring 
the RFA finding in this manner will ensure that the Service makes a 
sufficiently informed determination based on adequate economic 
information and provides the necessary opportunity for public comment.

Executive Order 13211

    On May 18, 2001, the President issued an Executive Order (E.O. 
13211; Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use) on regulations that significantly affect 
energy supply, distribution, and use. Executive Order 13211 requires 
agencies to prepare Statements of Energy Effects when undertaking 
certain actions. Although this proposed rule to designate critical 
habitat for the Chorizanthe pungens var. pungens is a significant 
regulatory action under Executive Order 12866, it is not expected to 
significantly affect energy supplies, distribution, or use. Therefore, 
this action is not a significant energy action, and no Statement of 
Energy Effects is required.

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

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 
1501), the Service makes the following findings:
    (a) This rule will not produce a Federal mandate. In general, a 
Federal mandate is a provision in legislation, statute or regulation 
that would impose an enforceable duty upon State, local, tribal 
governments, or the private sector and includes both ``Federal 
intergovernmental mandates'' and ``Federal private sector mandates.'' 
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal 
intergovernmental mandate'' includes a regulation that ``would impose 
an enforceable duty upon State, local, or tribal governments'' with two 
exceptions. It excludes ``a condition of Federal assistance.'' It also 
excludes ``a duty arising from participation in a voluntary Federal 
program,'' unless the regulation ``relates to a then-existing Federal 
program under which $500,000,000 or more is provided annually to State, 
local, and tribal governments under entitlement authority,'' if the 
provision would ``increase the stringency of conditions of assistance'' 
or ``place caps upon, or otherwise decrease, the Federal Government's 
responsibility to provide funding,'' and the State, local, or tribal 
governments ``lack authority'' to adjust accordingly. At the time of 
enactment, these entitlement programs were: Medicaid; AFDC work 
programs; Child Nutrition; Food Stamps; Social Services Block Grants; 
Vocational Rehabilitation State Grants; Foster Care, Adoption 
Assistance, and Independent Living; Family Support Welfare Services; 
and Child Support Enforcement. ``Federal private sector mandate'' 
includes a regulation that ``would impose an enforceable duty upon the 
private sector, except (i) a condition of Federal assistance or (ii) a 
duty arising from participation in a voluntary Federal program.''
    The designation of critical habitat does not impose a legally 
binding duty on non-Federal government entities or private parties. 
Under the Act, the only regulatory effect is that Federal agencies must 
ensure that their actions do not destroy or adversely modify critical 
habitat under section 7. While non-Federal entities that receive 
Federal funding, assistance, or permits, or that otherwise require 
approval or authorization from a Federal agency for an action, may be 
indirectly impacted by the designation of critical habitat, the legally 
binding duty to avoid destruction or adverse modification of critical 
habitat rests squarely on the Federal agency. Furthermore, to the 
extent that non-Federal entities are indirectly impacted because they 
receive Federal assistance or participate in a voluntary Federal aid 
program, the Unfunded Mandates Reform Act would not apply; nor would 
critical habitat shift the costs of the large entitlement programs 
listed above on to State governments.
    (b) We do not believe that this rule will significantly or uniquely 
affect small governments because much (93 percent) of the proposed 
critical habitat is owned and managed by the Federal government and the 
State and only about 6 percent of the total proposed critical habitat 
designation is owned and managed by local jurisdictions. Of the lands 
under local jurisdiction, 97

[[Page 75203]]

percent are associated with land transfers through Fort Ord and are 
therefore already taking into consideration the management of 
Chorizanthe pungens var. pungens and other sensitive species. In 
addition, less than 1 percent of the total proposed designation is 
private lands. Therefore, a Small Government Agency Plan is not 
required. We will, however, further evaluate this issue as we conduct 
our economic analysis and revise this assessment if appropriate.

Takings

    In accordance with Executive Order 12630 (``Government Actions and 
Interference with Constitutionally Protected Private Property 
Rights''), we have analyzed the potential takings implications of 
designating critical habitat for the Chorizanthe pungens var. pungens 
in a takings implications assessment. The takings implications 
assessment concludes that this designation of critical habitat for the 
Chorizanthe pungens var. pungens does not pose significant takings 
implications. However, we will further evaluate this issue as we 
conduct our economic analysis and review and revise this assessment as 
warranted.

Federalism

    In accordance with Executive Order 12630 (``Government Actions and 
Interference with Constitutionally Protected Private Property 
Rights''), we have analyzed the potential takings implications of 
designating critical habitat for the Monterey spine flower in a takings 
implications assessment. The takings implications assessment concludes 
that this designation of critical habitat for the Monterey spine flower 
does not pose significant takings implications. However, we will 
further evaluate this issue as we conduct our economic analysis and 
review and revise this assessment as warranted.

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 have proposed designating critical habitat in 
accordance with the provisions of the Act. This proposed revised rule 
uses standard property descriptions and identifies the primary 
constituent elements within the designated areas to assist the public 
in understanding the habitat needs of Chorizanthe pungens var. pungens.

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

    This rule does not contain any new collections of information that 
require approval by OMB under the Paperwork Reduction Act. This rule 
will not impose recordkeeping or reporting requirements on State or 
local governments, individuals, businesses, or organizations. An agency 
may not conduct or sponsor, and a person is not required to respond to, 
a collection of information unless it displays a currently valid OMB 
control number.

National Environmental Policy Act

    It is our position that, outside the Tenth Circuit, we do not need 
to prepare environmental analyses as defined by the NEPA in connection 
with designating critical habitat under the Endangered Species Act of 
1973, as amended. We published a notice outlining our reasons for this 
determination in the Federal Register on October 25, 1983 (48 FR 
49244). This assertion was upheld in the courts of the Ninth Circuit 
(Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. Ore. 1995), cert. 
denied 116 S. Ct. 698 (1996)).

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and the Department 
of Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
Tribes on a government-to-government basis. We have determined that 
there are no tribal lands occupied at the time of listing or currently 
occupied that contain the features essential for the conservation and 
no tribal lands that are unoccupied areas that are essential for the 
conservation of Chorizanthe pungens var. pungens. Therefore, in this 
proposed revised rule, critical habitat for the C. p. var. pungens has 
not been proposed for designation on tribal lands.

References Cited

    A complete list of all references cited in this rulemaking is 
available upon request from the Field Supervisor, VFWO (see ADDRESSES 
section).

Author(s)

    The primary author of this package is the VFWO.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--[AMENDED]

    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    2. In Sec.  17.96(a), revise the entry for ``Family Polygonaceae: 
Chorizanthe pungens var. pungens (Monterey spineflower)'' to read as 
follows:


Sec.  17.96  Critical habitat--plants.

    (a) Flowering plants.
* * * * *
Family Polygonaceae: Chorizanthe pungens var. pungens (Monterey 
spineflower)
    (1) Critical habitat units are depicted for Santa Cruz and Monterey 
Counties, California, on the maps below.
    (2) The primary constituent element of critical habitat for 
Chorizanthe pungens var. pungens is vegetation structure arranged in a 
mosaic with openings between the dominant elements (e.g., scrub, shrub, 
oak trees, clumps of herbaceous vegetation) providing for sunlight on 
the following sandy soils: coastal beaches, dune land, Baywood sand, 
Ben Lomond sandy loam, Elder sandy loam, Oceano loamy sand, Arnold 
loamy sand, Santa Ynez fine sandy loam, Arnold--Santa Ynez complex, 
Metz complex, and Metz loamy sand.
    (3) Critical habitat does not include manmade structures, such as 
buildings, aqueducts, airports, and roads, and the land on which such 
structures are located, existing on the effective date of this rule and 
not containing the primary constituent element.
    (4) Critical habitat map units. Data layers defining map units were 
created on base maps using aerial imagery from the National 
Agricultural Imagery Program (aerial imagery captured June 2005). Data 
were projected to Universal Transverse Mercator (UTM) zone 11, North 
American Datum (NAD) 1983.
    (5) Note: Index map (Map 1) follows:
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    (6) Unit 1: Sunset Unit, Santa Cruz County, California.
    (i) From USGS 1:24,000 scale quadrangle Watsonville West. Land 
bounded by the following UTM zone 10 NAD83 coordinates (E, N): 603929, 
4083699; 604051, 4083487; 604059, 4083449; 604045, 4083383; 604045, 
4083351; 604091, 4083265; 604106, 4083164; 604122, 4083147; 604176, 
4083117; 604222, 4083063; 604255, 4083022; 604279, 4083005; 604325, 
4082960; 604349, 4082925; 604373, 4082842; 604412, 4082708; 604424, 
4082671; 604426, 4082579; 604449, 4082515; 604460, 4082474; 604491, 
4082428; 604504, 4082397; 604510, 4082350; 604527, 4082300; 604546, 
4082248; 604535, 4082205; 604688, 4081900; 604847, 4081649; 604743, 
4081648; 604613, 4081903; 604338, 4082450; 604205, 4082695; 604132, 
4082828; 603987, 4083070; 603703, 4083577; returning to 603929, 
4083699.
    (ii) Note: Map of Units 1, 5, and 6 (Map 2) follows:

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    (7) Unit 2: Moss Landing Unit, Monterey County, California.
    (i) From USGS 1:24,000 scale quadrangle Moss Landing. Land bounded 
by the following UTM zone 10 NAD83 coordinates (E, N): 607507, 4075612; 
607621, 4075684; 607654, 4075633; 607631, 4075619; 607636, 4075576; 
607597, 4075556; 607690, 4075440; 607823, 4075301; 607910, 4075107; 
607947, 4074934; 607954, 4074719; 608021, 4074544; 608058, 4074335; 
607999, 4074277; 607936, 4074603; 607872, 4074869; 607801, 4075108; 
607725, 4075268; 607599, 4075459; returning to 607507, 4075612.
    (ii) From USGS 1:24,000 scale quadrangle Moss Landing. Land bounded 
by the following UTM zone 10 NAD83 coordinates (E, N): 607903, 4073162; 
608016, 4073442; 608084, 4073399; 607962, 4073136; returning to 607903, 
4073162.
    (iii) From USGS 1:24,000 scale quadrangle Moss Landing. Land 
bounded by the following UTM zone 10 NAD83 coordinates (E, N): 607228, 
4070373; 607310, 4070736; 607328, 4070904; 607348, 4071016; 607384, 
4071156; 607514, 4071712; 607717, 4072508; 607772, 4072783; 607853, 
4073038; 607914, 4073020; 607895, 4072915; 607865, 4072861; 607783, 
4072474; 607787, 4072361; 607718, 4072182; 607621, 4071731; 607609, 
4071579; 607619, 4071527; 607625, 4071342; 607616, 4071320; 607621, 
4071220; 607596, 4071153; 607592, 4071096; 607570, 4071047; 607576, 
4071014; 607648, 4070995; 607689, 4070941; 607666, 4070915; 607668, 
4070868; 607631, 4070839; 607679, 4070781; 607677, 4070715; 607710, 
4070665; 607739, 4070545; 607696, 4070507; 607689, 4070486; 607670, 
4070465; 607654, 4070436; 607649, 4070398; 607502, 4070309; 607230, 
4070348; returning to 607228, 4070373.
    (iv) From USGS 1:24,000 scale quadrangle Moss Landing. Land bounded 
by the following UTM zone 10 NAD83 coordinates (E, N): 606454, 4078187; 
606601, 4078347; 606679, 4078021; 606792, 4077578; 606824, 4077463; 
606863, 4077367; 606841, 4077344; 606846, 4077325; 606856, 4077319; 
606883, 4077322; 606936, 4077244; 607001, 4076989; 607221, 4076534; 
607207, 4076523; 607206, 4076512; 607216, 4076487; 607238, 4076472; 
607272, 4076417; 607272, 4076386; 607298, 4076371; 607309, 4076358; 
607302, 4076347; 607281, 4076295; 607281, 4076279; 607170, 4076277; 
607008, 4076687; 606805, 4077227; 606661, 4077584; 606561, 4077910; 
returning to 606454, 4078187.
    (v) Note: Map of Units 2 and 7 (Map 3) follows:
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    (8) Unit 3: Marina Unit, Monterey County, California.
    (i) From USGS 1:24,000 scale quadrangle Marina. Land bounded by the 
following UTM zone 10 NAD83 coordinates (E, N): 603550, 4054338; 
603691, 4054583; 603944, 4055018; 604173, 4055496; 604429, 4056021; 
604819, 4056877; 605042, 4057450; 605354, 4058252; 605565, 4058848; 
605837, 4059750; 605918, 4060031; 606155, 4061060; 606282, 4061745; 
606320, 4062114; 606653, 4061944; 606642, 4061777; 606595, 4061605; 
606497, 4061365; 606456, 4061248; 606413, 4061089; 606388, 4060903; 
606384, 4060755; 606390, 4060633; 606431, 4060406; 606349, 4060385; 
606398, 4060148; 606370, 4060069; 606443, 4060021; 606446, 4059958; 
606490, 4059933; 606225, 4059382; 606099, 4059154; 605974, 4058942; 
605942, 4058878; 605861, 4058673; 605779, 4058394; 605739, 4058410; 
605709, 4058346; 605679, 4058361; 605597, 4058304; 605587, 4058210; 
605728, 4058160; 605683, 4058028; 605674, 4057900; 605681, 4057671; 
605667, 4057538; 605662, 4057406; 605671, 4057317; 605690, 4057220; 
605712, 4057147; 605763, 4057024; 605756, 4056939; 605731, 4056910; 
605457, 4056766; 605429, 4056741; 605335, 4056560; 605360, 4056447; 
605356, 4056395; 605232, 4056155; 605212, 4056093; 604940, 4055894; 
604498, 4055349; 604397, 4055203; 604345, 4055087; 604323, 4055018; 
604254, 4054897; 604077, 4054661; 604008, 4054566; 603934, 4054465; 
603914, 4054402; 603758, 4054196; 603755, 4054189; 603737, 4054200; 
603550, 4054338; 604416, 4055878; 604427, 4055852; 604451, 4055848; 
604497, 4055868; 604526, 4055905; 604560, 4055938; 604613, 4055965; 
604651, 4056003; 604699, 4056069; 604731, 4056138; 604736, 4056182; 
604732, 4056242; 604726, 4056273; 604709, 4056296; 604675, 4056304; 
604634, 4056288; 604613, 4056256; 604609, 4056220; 604632, 4056186; 
604631, 4056167; 604605, 4056141; 604599, 4056122; 604602, 4056098; 
604599, 4056084; 604568, 4056084; 604524, 4056092; 604513, 4056083; 
604512, 4056070; 604528, 4056015; 604522, 4056001; 604501, 4055983; 
604475, 4055969; 604459, 4055945; 604456, 4055931; 604438, 4055912; 
604416, 4055878.
    (ii) Note: Map of Units 3, 4, and 8 (Map 4) follows:
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    (9) Unit 4: Asilomar Unit, Monterey County, California.
    (i) From USGS 1:24,000 scale quadrangle Monterey. Land bounded by 
the following UTM zone 10 NAD83 coordinates (E, N): 594619, 4053296; 
594619, 4053330; 594626, 4053369; 594643, 4053405; 594653, 4053431; 
594654, 4053454; 594660, 4053514; 594648, 4053561; 594648, 4053583; 
594655, 4053600; 594727, 4053636; 594734, 4053644; 594740, 4053671; 
594751, 4053688; 594765, 4053700; 594763, 4053748; 594755, 4053773; 
594750, 4053787; 594766, 4053795; 594788, 4053798; 594800, 4053805; 
594811, 4053823; 594817, 4053849; 594813, 4053884; 594795, 4053906; 
594779, 4053929; 594776, 4053948; 594778, 4053962; 594784, 4053976; 
594798, 4054002; 594808, 4054006; 594824, 4054004; 594853, 4053992; 
594880, 4053986; 594908, 4053991; 594929, 4054006; 594949, 4054037; 
594950, 4054065; 594944, 4054114; 594952, 4054174; 594968, 4054190; 
594979, 4054237; 594977, 4054292; 594972, 4054311; 595001, 4054351; 
594980, 4054393; 594962, 4054440; 594960, 4054479; 594946, 4054509; 
594969, 4054511; 594985, 4054509; 595008, 4054518; 595011, 4054528; 
595025, 4054538; 595059, 4054529; 595052, 4054467; 595026, 4054447; 
595013, 4054407; 595028, 4054355; 595028, 4054328; 595021, 4054284; 
594958, 4054012; 594959, 4054012; 594943, 4053970; 594883, 4053919; 
594857, 4053880; 594796, 4053673; 594782, 4053639; 594769, 4053626; 
594713, 4053598; 594719, 4053582; 594888, 4053489; 594869, 4053373; 
594896, 4053299; 594890, 4053268; 594927, 4053223; 594919, 4053193; 
594957, 4053160; 594950, 4053123; 594886, 4053082; 594885, 4053056; 
594923, 4053026; 594924, 4052940; 594906, 4052966; 594871, 4053005; 
594832, 4053036; 594804, 4053053; 594726, 4053053; 594680, 4053081; 
594680, 4053142; 594667, 4053173; 594651, 4053254; returning to 594619, 
4053296.
    (ii) From USGS 1:24,000 scale quadrangle Monterey. Land bounded by 
the following UTM zone 10 NAD83 coordinates (E, N): 594873, 4054693; 
594913, 4054742; 595038, 4054606; 595057, 4054580; 595062, 4054561; 
594921, 4054598; 594905, 4054625; returning to 594873, 4054693
    (iii) Note: Map of Unit 4 is provided at paragraph (8)(ii) of this 
entry.
    (10) Unit 5: Freedom Unit, Monterey County, California.
    (i) From USGS 1:24,000 scale quadrangle Watsonville West. Land 
bounded by the following UTM zone 10 NAD83 coordinates (E, N): 
601321.000 4093848; 601363, 4093878; 601484, 4093904; 601600, 4093907; 
601710, 4093877; 601828, 4093833; 601921, 4093791; 601965, 4093746; 
601983, 4093719; 601989, 4093682; 601905, 4093585; 601870, 4093613; 
601487, 4093784; 601333, 4093837; returning to 601321, 4093848.
    (ii) Note: Map of Unit 5 is provided at paragraph (6)(ii) of this 
entry.
    (11) Unit 6: Manresa Unit, Monterey County, California.
    (i) From USGS 1:24,000 scale quadrangle Watsonville West. Land 
bounded by the following UTM zone 10 NAD83 coordinates (E, N): 602044, 
4086559; 602112, 4086716; 602197, 4086682; 602210, 4086694; 602221, 
4086722; 602232, 4086754; 602285, 4086738; 602326, 4086722; 602374, 
4086749; 602431, 4086877; 602376, 4086900; 602383, 4086914; 602296, 
4086951; 602289, 4086937; 602236, 4086959; 602268, 4086998; 602524, 
4086894; 602501, 4086838; 602557, 4086814; 602494, 4086665; 602763, 
4086296; 602864, 4086162; 602562, 4086054; 602541, 4086096; 602394, 
4086067; 602378, 4086099; 602302, 4086085; 602318, 4086053; 602275, 
4086044; 602210, 4086186; 602139, 4086348; 602115, 4086409; returning 
to 602044, 4086559.
    (ii) Note: Map of Unit 6 is provided at paragraph (6)(ii) of this 
entry.
    (12) Unit 7: Prunedale Unit, Monterey County, California.
    (i) From USGS 1:24,000 scale quadrangle Prunedale. Land bounded by 
the following UTM zone 10 NAD83 coordinates (E, N): 618887, 4071619; 
618896, 4071742; 619145, 4071725; 619431, 4071664; 619441, 4071576; 
619439, 4071574; 619169, 4071562; 619166, 4071601; returning to 618887, 
4071619.
    (ii) From USGS 1:24,000 scale quadrangle Prunedale. Land bounded by 
the following UTM zone 10 NAD83 coordinates (E, N): 621025, 4070792; 
621080, 4071114; 621051, 4071111; 621085, 4071163; 621121, 4071173; 
621136, 4071182; 621157, 4071219; 621160, 4071234; 621207, 4071274; 
621233, 4071259; 621258, 4071205; 621283, 4071171; 621295, 4071168; 
621290, 4071132; 621295, 4071048; 621284, 4070900; 621321, 4070847; 
621314, 4070833; 621093, 4070705; 621046, 4070723; returning to 621025, 
4070792.
    (iii) From USGS 1:24,000 scale quadrangle Prunedale. Land bounded 
by the following UTM zone 10 NAD83 coordinates (E, N): 620707, 4073069; 
620896, 4073161; 620837, 4073252; 620899, 4073326; 620937, 4073319; 
621026, 4073386; 621107, 4073506; 621199, 4073608; 621206, 4073579; 
621166, 4073526; 621173, 4073436; 621083, 4073322; 621197, 4073259; 
621151, 4072949; 621158, 4072940; 621187, 4072867; 621278, 4072572; 
621300, 4072385; 621364, 4072301; 621342, 4072258; 621328, 4072169; 
621331, 4072151; 621353, 4072139; 621389, 4072155; 621377, 4072009; 
621414, 4071899; 621422, 4071791; 621411, 4071786; 621361, 4071747; 
621364, 4071718; 621377, 4071704; 621421, 4071702; 621385, 4071615; 
621370, 4071533; 621379, 4071479; 621265, 4071449; 621256, 4071455; 
621283, 4071501; 621288, 4071541; 621282, 4071565; 621230, 4071628; 
621278, 4071792; 621255, 4071940; 621265, 4072089; 621192, 4072091; 
621191, 4072183; 621130, 4072185; 621130, 4072300; 621085, 4072462; 
621060, 4072649; 621031, 4072686; 621017, 4072730; 621009, 4072808; 
620987, 4072831; 620927, 4072859; 620775, 4072954; 620739, 4072948; 
620709, 4072962; returning to 620707, 4073069.
    (iv) From USGS 1:24,000 scale quadrangle Prunedale. Land bounded by 
the following UTM zone 10 NAD83 coordinates (E, N): 620983, 4073724; 
621027, 4073754; 620988, 4073922; 620997, 4073968; 620986, 4074025; 
621101, 4074125; 621133, 4074174; 621144, 4074209; 621084, 4074270; 
621123, 4074335; 621127, 4074380; 621146, 4074396; 621174, 4074395; 
621273, 4074228; 621256, 4074215; 621206, 4074150; 621149, 4074028; 
621163, 4073968; 621180, 4073920; 621159, 4073901; 621160, 4073898; 
621124, 4073845; 621154, 4073750; 621074, 4073707; 621036, 4073609; 
returning to 620983, 4073724.
    (v) Note: Map of Unit 7 is provided at paragraph (7)(v) of this 
entry.
    (13) Unit 8: Fort Ord Unit, Monterey County, California.
    (i) From USGS 1:24,000 scale quadrangle Marina. Land bounded by the 
following UTM zone 10 NAD83 coordinates (E, N): 609697, 4059326; 
609722, 4059410; 610034, 4059231; 610010, 4059188; 610075, 4059114; 
610137, 4059066; 610125, 4059051; 610114, 4059037; 610103, 4059024; 
610091, 4059012; 610078, 4058998; 610065, 4058986; 609965, 4058895; 
609958, 4058903; 609998, 4059020; 609962, 4059186; 609940, 4059175; 
609906, 4059214; 609932, 4059260; 609797, 4059338; 609773, 4059296; 
609709, 4059308; returning to 609697, 4059326.
    (ii) From USGS 1:24,000 scale quadrangle Marina. Land bounded by 
the following UTM zone 10 NAD83 coordinates (E, N): 610192, 4059594; 
610236, 4059663; 610258, 4059655; 610274, 4059651; 610309, 4059651;

[[Page 75212]]

610379, 4059665; 610390, 4059664; 610433, 4059733; 610443, 4059751; 
610466, 4059785; 610502, 4059762; 610434, 4059652; 610504, 4059609; 
610493, 4059592; 610463, 4059611; 610444, 4059619; 610420, 4059623; 
610397, 4059620; 610355, 4059601; 610331, 4059591; 610295, 4059584; 
610267, 4059581; 610240, 4059582; 610211, 4059588; returning to 610192, 
4059594.
    (iii) From USGS 1:24,000 scale quadrangle Marina. Land bounded by 
the following UTM zone 10 NAD83 coordinates (E, N): 608008, 4060536; 
609030, 4060994; 609030, 4060995; 609971, 4060407; 609846, 4060206; 
610033, 4060089; 609999, 4060034; 610264, 4059868; 610164, 4059707; 
610220, 4059673; 610168, 4059589; 610111, 4059623; 609932, 4059336; 
609230, 4059739; 609322, 4059793; returning to 608008, 4060536.
    (iv) From USGS 1:24,000 scale quadrangle Marina and Salinas. Land 
bounded by the following UTM zone 10 NAD83 coordinates (E, N): 609751, 
4058616; 610060, 4058898; 610647, 4058564; 610667, 4058598; 610879, 
4058745; 612436, 4057852; 612399, 4057799; 612384, 4057756; 612381, 
4057739; 612387, 4057693; 612378, 4057650; 612361, 4057603; 612352, 
4057589; 612317, 4057541; 612304, 4057508; 612294, 4057462; 612274, 
4057395; 611971, 4057411; 611159, 4057399; 611101, 4057397; 611145, 
4057519; 611450, 4057629; 611480, 4057720; 611321, 4058012; 610816, 
4058291; returning to 609751, 4058616.
    (v) From USGS 1:24,000 scale quadrangle Marina, Salinas, Seaside, 
and Spreckles. Land bounded by the following UTM zone 10 NAD83 
coordinates (E, N): 605408, 4050946; 605410, 4051017; 605417, 4051087; 
605436, 4051191; 605522, 4051488; 605602, 4051720; 605630, 4051830; 
605627, 4052006; 605600, 4052419; 605601, 4052501; 605607, 4052559; 
605617, 4052617; 605630, 4052674; 605647, 4052729; 605669, 4052784; 
605755, 4052925; 605799, 4052980; 605821, 4053004; 605890, 4053067; 
605951, 4053108; 606007, 4053137; 606408, 4053300; 606490, 4053347; 
606545, 4053384; 606598, 4053428; 606636, 4053464; 606689, 4053526; 
606767, 4053639; 606817, 4053698; 606874, 4053750; 606918, 4053782; 
606950, 4053802; 607005, 4053831; 607729, 4054151; 607873, 4054074; 
607886, 4053775; 607904, 4053747; 607933, 4053729; 607986, 4053722; 
608063, 4053728; 608098, 4053744; 608110, 4053762; 608102, 4053961; 
608113, 4054001; 608182, 4053964; 608546, 4054184; 608601, 4054203; 
609141, 4054548; 609160, 4054556; 609231, 4054598; 609258, 4054621; 
609310, 4054704; 609315, 4054723; 609316, 4054750; 609309, 4054768; 
609291, 4054789; 609315, 4054806; 609366, 4054824; 609440, 4054835; 
609459, 4054850; 609477, 4054868; 609493, 4054873; 609569, 4054861; 
609611, 4054845; 609698, 4054839; 609757, 4054849; 609772, 4054857; 
609817, 4054936; 609820, 4054959; 609841, 4054989; 609907, 4055031; 
609927, 4055053; 609944, 4055100; 609947, 4055132; 609927, 4055254; 
609934, 4055294; 609967, 4055327; 610020, 4055349; 610057, 4055378; 
610164, 4055520; 610209, 4055546; 610237, 4055571; 610306, 4055681; 
610387, 4055754; 610520, 4055833; 610554, 4055869; 610574, 4055904; 
610643, 4056127; 610658, 4056143; 610901, 4056274; 611153, 4056431; 
611104, 4056509; 611091, 4056560; 611069, 4056592; 611046, 4056645; 
611025, 4056671; 611033, 4056696; 611031, 4056719; 611006, 4056762; 
611005, 4056778; 610992, 4056821; 610993, 4056878; 611001, 4056895; 
611011, 4057000; 610986, 4057080; 610970, 4057224; 611012, 4057361; 
611950, 4057379; 611958, 4057200; 611948, 4057203; 611937, 4057200; 
611926, 4057191; 611923, 4057178; 611938, 4057146; 611938, 4057138; 
611942, 4057138; 611962, 4057097; 611970, 4056892; 611990, 4056882; 
612022, 4056833; 612154, 4056656; 612173, 4056586; 612270, 4056432; 
612342, 4056434; 612478, 4056464; 612526, 4056458; 612566, 4056441; 
612640, 4056444; 612759, 4056485; 612970, 4056560; 613013, 4056113; 
613193, 4055994; 613060, 4055849; 613038, 4055818; 613033, 4055786; 
613060, 4055413; 613060, 4055373; 613052, 4055334; 612998, 4055174; 
612988, 4055121; 612992, 4055065; 613011, 4054974; 613013, 4054937; 
613005, 4054877; 612986, 4054850; 612887, 4054762; 612866, 4054738; 
612847, 4054706; 612833, 4054662; 612818, 4054637; 612799, 4054618; 
612755, 4054589; 612743, 4054577; 612721, 4054544; 612693, 4054453; 
612476, 4053952; 612446, 4053881; 612426, 4053845; 612349, 4053748; 
612332, 4053721; 612319, 4053691; 612303, 4053631; 612267, 4053559; 
612265, 4053541; 612273, 4053470; 612274, 4053433; 612270, 4053404; 
612250, 4053323; 612251, 4053272; 612255, 4053218; 612238, 4053128; 
612226, 4053030; 612228, 4052996; 612255, 4052840; 612255, 4052818; 
612248, 4052779; 612235, 4052738; 612193, 4052664; 612188, 4052579; 
612167, 4052495; 612147, 4052453; 612110, 4052400; 612097, 4052366; 
612092, 4052334; 612092, 4052274; 612096, 4052244; 612113, 4052172; 
612125, 4052134; 612203, 4051986; 612236, 4051914; 612248, 4051881; 
612275, 4051794; 612283, 4051759; 612291, 4051699; 612281, 4051639; 
612261, 4051561; 612247, 4051534; 612118, 4051387; 612023, 4051304; 
612002, 4051275; 611994, 4051260; 611987, 4051235; 611979, 4051157; 
611957, 4051054; 611948, 4051022; 611934, 4050984; 611908, 4050937; 
611867, 4050885; 611722, 4050757; 611702, 4050737; 611694, 4050705; 
611676, 4050543; 611484, 4050568; 611399, 4050574; 611259, 4050574; 
611146, 4050565; 611042, 4050551; 610945, 4050516; 610871, 4050482; 
610784, 4050434; 610732, 4050403; 610678, 4050363; 610617, 4050313; 
610545, 4050241; 610074, 4049765; 610039, 4049758; 609981, 4049733; 
609937, 4049701; 609889, 4049652; 609877, 4049618; 609814, 4049590; 
609730, 4049564; 607897, 4049093; 607832, 4049096; 607676, 4049111; 
607570, 4049128; 607487, 4049145; 607378, 4049173; 607306, 4049194; 
607130, 4049259; 606738, 4049427; 606676, 4049452; 606613, 4049473; 
606531, 4049492; 606449, 4049505; 606382, 4049509; 606308, 4049509; 
606215, 4049712; 606173, 4049789; 606127, 4049854; 606067, 4049919; 
606019, 4049966; 605756, 4050195; 605696, 4050251; 605658, 4050292; 
605623, 4050334; 605590, 4050379; 605560, 4050424; 605532, 4050472; 
605496, 4050546; 605465, 4050623; 605448, 4050675; 605428, 4050755; 
605417, 4050824; 605412, 4050864; returning to 605408, 4050946. 
Excluding: 609791, 4053559; 609792, 4053420; 609833, 4053395; 609908, 
4053357; 610068, 4053380; 610032, 4053598; returning to 609791, 
4053559. Excluding: 611172, 4052992; 611242, 4052923; 611314, 4052987; 
611402, 4052913; 611442, 4052907; 611524, 4052850; 611543, 4052844; 
611587, 4052866; 611607, 4052919; 611628, 4053042; 611618, 4053074; 
611670, 4053189; 611761, 4053277; 612029, 4053402; 612049, 4053521; 
611863, 4053644; 611727, 4053518; 611656, 4053497; 611611, 4053451; 
611535, 4053431; 611438, 4053400; 611394, 4053341; 611346, 4053238; 
611278, 4053122; 611230, 4053068; returning to 611172, 4052992. 
Excluding: 611476, 4056579; 611418, 4056559; 611437, 4056500; 611496, 
4056520; returning to 611476, 4056579.
    (vi) Note: Map of Unit 8 is provided at paragraph (8)(ii) of this 
entry.
    (14) Unit 9: Soledad Unit, Monterey County, California.
    (i) From USGS 1:24,000 scale quadrangle Soledad. Land bounded by 
the following UTM zone 10 NAD83

[[Page 75213]]

coordinates (E, N): 653941, 4029661; 654080, 4029718; 654098, 4029754; 
654158, 4029789; 654279, 4029808; 654372, 4029801; 654425, 4029812; 
654458, 4029845; 654505, 4029873; 654619, 4029910; 654705, 4029898; 
654777, 4029915; 654821, 4029942; 654865, 4029970; 654930, 4029989; 
655223, 4030005; 655305, 4030020; 655374, 4029973; 655318, 4029807; 
655195, 4029858; 655025, 4029760; 654944, 4029812; 654829, 4029774; 
654735, 4029691; 654629, 4029678; 654495, 4029721; 654381, 4029731; 
654318, 4029721; 654199, 4029687; 654123, 4029655; 653987, 4029654; 
returning to 653941, 4029661.
    (ii) Note: Map of Unit 9 (Map 5) follows:
BILLING CODE 4310-55-P

[[Page 75214]]

[GRAPHIC] [TIFF OMITTED] TP14DE06.030


[[Page 75215]]


* * * * *

    Dated: December 6, 2006.
David M. Verhey,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 06-9656 Filed 12-13-06; 8:45 am]
BILLING CODE 4310-55-C


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