18518 Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Rules and Regulations 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

1018-AU44 

Endangered and Threatened Wildlife 

and Plants; Designation of Critical 

Habitat for Cirsium hydrophilum var. 

hydrophilum (Suisun thistle) and 

Cordylanthus mollis ssp. mollis (soft 

bird’s-beak) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (the Service), are 

designating critical habitat for Cirsium 

hydrophilum var. hydrophilum (Suisun 

thistle) and Cordylanthus mollis ssp. 

mollis (soft bird’s-beak) under the 

Endangered Species Act of 1973, as 

amended (Act). In total, approximately 

2,052 acres (ac) (830 hectares (ha)) fall 

within the boundaries of the critical 

habitat designation for C. hydrophilum 

var. hydrophilum in Solano County, 

California, and approximately 2,276 ac 

(921 ha) for C. mollis ssp. mollis in 

Contra Costa, Napa, and Solano 

Counties, California. Due to overlap of 

some units, the total area of critical 

habitat designation for both subspecies 

is 2,621 ac (1,061 ha). 

DATES: This rule becomes effective on 

May 14, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Field Supervisor, Sacramento Fish and 

Wildlife Office, 2800 Cottage Way, 

Sacramento, California 95825; 

telephone, 916-414-6600; facsimile, 916- 

414-6713. People who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

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

SUPPLEMENTARY INFORMATION: 

Role of Critical Habitat in Actual 

Practice of Administering and 

Implementing the Act (16 U.S.C. 1531 et 

seq.) 

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 the Act section 4(b)(2), 

there are significant limitations on the 

regulatory effect of designation under 

the Act section 7(a)(2). 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 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 485 species, or 37 

percent of the 1,310 listed species in the 

United States under the jurisdiction of 

the Service, have designated critical 

habitat. We address the habitat needs of 

all 1,310 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 or the California/Nevada 

Operations Office prior to finalizing to 

ensure that an adequate analysis has 

been conducted that is informed by the 

Director’s guidance. 

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 timeframe 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 courtordered 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 


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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 

rule. For more information on Cirsium 

hydrophilum var. hydrophilum and 

Cordylanthus mollis ssp. mollis, refer to 

the final listing rule published in the 

Federal Register on November 20, 1997 

(62 FR 61916), and the proposed critical 

habitat designation published in the 

Federal Register on April 11, 2006 (71 

FR 18456). 

Previous Federal Actions 

On November 17, 2003, the Center for 

Biological Diversity and other 

environmental groups filed a lawsuit 

against the Service (Center for Biological 

Diversity, et al. v. Gale Norton, 

Secretary of the Department of the 

Interior, et al., CV 03-5126-CW), leading 

to a stipulated settlement and court 

order signed June 14, 2004. We agreed 

in the settlement to propose critical 

habitat for Cirsium hydrophilum var. 

hydrophilum and Cordylanthus mollis 

ssp. mollis by April 1, 2006, and to 

make a final designation by April 1, 

2007. On April 11, 2006, we published 

the proposed critical habitat designation 

for the two plants in the Federal 

Register (71 FR 18456). For more 

information on previous Federal actions 

concerning C. hydrophilum var. 

hydrophilum or C. mollis ssp. mollis, 

refer to the proposed critical habitat 

designation published in the Federal 

Register on April 11, 2006 (71 FR 

18456). This final rule complies with 

the settlement agreement. 

Summary of Comments and 

Recommendations 

We requested written comments from 

the public on the proposed designation 

of critical habitat for Cirsium 

hydrophilum var. hydrophilum and 

Cordylanthus mollis ssp. mollis in the 

proposed rule published on April 11, 

2006 (71 FR 18456) and again in a 

subsequent notice of availability (NOA) 

of a draft economic analysis published 

in the Federal Register on November 20, 

2006 (71 FR 67089). We also contacted 

appropriate Federal, State, and local 

agencies; scientific organizations; and 

other interested parties and invited 

them to comment on the proposed rule. 

The first comment period on the 

proposed designation opened April 11, 

2006 and closed on June 12, 2006. 

During that time, we received six 

comments: three from peer reviewers, 

one from a California State agency, and 

two from private organizations and 

individuals. We received no comments 

during the second comment period, 

which covered both the proposed 

designation and the draft economic 

analysis, and was open from November 

20, 2006, to December 20, 2006. In total, 

five commenters supported the 

designation of critical habitat for 

Cirsium hydrophilum var. hydrophilum 

and Cordylanthus mollis ssp. mollis and 

one opposed the designation. Comments 

received were grouped into general 

issues specifically relating to the 

proposed critical habitat designation, 

and are addressed in the following 

summary and incorporated into the final 

rule as appropriate. We did not receive 

any requests for a public hearing. 

Peer Review 

In accordance with our policy 

published on July 1, 1994 (59 FR 

34270), we solicited expert opinions 

from three knowledgeable individuals 

with scientific expertise that included 

familiarity with the species, the 

geographic region in which the species 

occurs, and conservation biology 

principles. We received responses from 

all three of the peer reviewers. The peer 

reviewers generally concurred with our 

methods and conclusions regarding the 

critical habitat under consideration, and 

provided additional information, 

clarifications, and suggestions to 

improve the final rule. Peer reviewer 

comments are addressed in the 

following summary and incorporated 

into this final rule as appropriate. 

We reviewed all comments received 

from the peer reviewers and the public 

for substantive issues and new 

information regarding critical habitat for 

Cirsium hydrophilum var. hydrophilum 

and Cordylanthus mollis ssp. mollis. We 

address them in the following summary. 

Peer Reviewer Comments 

1. Comment: The peer reviewers 

generally supported designation of the 

proposed areas and also argued for 

inclusion of additional areas. Two 

reviewers noted that sea levels are likely 

to rise in the foreseeable future, and that 

adjacent gently sloped terrestrial areas 

and additional higher-elevation 

marshlands should be designated as 

refugia. 

Our Response: Section 3(5)(A)(ii) does 

allow us to designate areas outside the 

geographical area occupied by the 

subspecies at time of listing if the 

Secretary of Interior determines that 

such areas are essential to the 

conservation of the subspecies. 

Identifying exactly which areas would 

be likely to become appropriate habitat 

for the plants, and how long such new 

habitat might last, would require a great 

many assumptions beyond those 

required to simply project a rise in sea 

level. Climate, rainfall, soil types, 

existing and planned roadways and 

development, and vegetation cover, both 

in the proposed area and in the 

watershed, are all confounding variables 

that could affect where (and for how 

long) appropriate habitat develops in 

the future. Given the speculative nature 

of such an undertaking, we do not 

consider the available evidence 

sufficient to support a finding that any 

particular unoccupied upland area is 

essential to the conservation of the 

subspecies. The Act includes 

procedures for modifying existing 

critical habitat designations as the need 

arises. We consider those procedures to 

be the appropriate and legally 

supportable means of coping with longterm habitat change. 

2. Comment: All three peer reviewers 

commented that we relied too heavily 

on designating known occupied sites, 

and not enough on choosing sites that 

would allow for population colonization 

and growth necessary to conserve the 

subspecies. Additional sites specifically 

suggested for Cirsium hydrophilum var. 

hydrophilum included Southampton 

Marsh (two reviewers) and the 

Denverton Slough area of Suisun Marsh. 

Additional sites suggested for 

Cordylanthus mollis ssp. mollis 

included the Huichica-Carneros area of 

San Pablo Bay, Denverton Slough, 

Antioch Bridge, Beldon’s Landing, 

Bentley Wharf, Cullinan Ranch, Mare 

Island, Martinez, Petaluma Marsh, and 

San Antonio Creek Marsh. Additionally, 

one reviewer asked us to explain why 

the C. mollis ssp. mollis populations at 

Denverton Slough and Edith Point were 

not included in the designation, and 

another reviewer asked why proposed 

Unit 3 for C. mollis ssp. mollis did not 

include a nearby area that was occupied 

in the 1990s and that may still have a 

seedbank. 

Our Response: Our focus on known 

occupied sites is based on section 

3(5)(A) of the Act, which requires us to 

look first to sites within the 

geographical area occupied at the time 

of listing. In the case of Cirsium 

hydrophilum var. hydrophilum, only 

three sites are known to have been 


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occupied at the time of listing. We 

therefore had proposed designating an 

additional unoccupied site (Hill Slough 

Marsh) that we believed was essential to 

the conservation of the subspecies. In 

the absence of any planned 

reintroduction projects, Hill Slough 

Marsh was the only location we 

considered to be sufficiently likely to 

support a new occurrence in the 

foreseeable future. There were three 

reasons for this: (1) Hill Slough Marsh 

is the subject of an ongoing tidal marsh 

restoration project, and thus has already 

caught the attention of agencies capable 

of carrying out a reintroduction project; 

(2) the majority of the unit consists of 

the Hill Slough Wildlife Area, acquired 

by the California Department of Fish 

and Game (CDFG) to help meet the 

mandates of the Suisun Marsh 

Preservation Act of 1977 (Becker 2001, 

p. 1); and (3) the unit is about 2 miles 

(mi) (3 kilometers (km)) from existing C. 

hydrophilum var. hydrophilum 

occurrences at Rush Ranch and Peytonia 

Slough Marsh, and so may support 

natural colonization by seeds from those 

locations. In contrast, the Denverton 

Slough area is roughly 5 miles (8 km) 

from the nearest occupied sites, while 

Southampton Marsh is about 12 mi (19 

km). Although C. hydrophilum var. 

hydrophilum seeds have plumes 

conducive to wind dispersal, the seeds 

are relatively heavy and tend to detach 

from the plumes (Service 2005, p. 76). 

Chances of successful colonization are, 

therefore, likely to decrease rapidly with 

distance. C. hydrophilum var. 

hydrophilum seeds may also be 

dispersed by water (LCLA 2003, p. 49), 

but this is more conducive to dispersals 

of short distances along tidal channels 

than to dispersals across miles of 

sloughs and baywater. Although two 

peer reviewers pointed out that 

Southampton Marsh may have 

supported C. hydrophilum var. 

hydrophilum historically, numerous 

surveys for C. mollis ssp. mollis dating 

back to 1978 failed to document C. 

hydrophilum var. hydrophilum at the 

location (CNDDB 2006b, p. 9). We must 

therefore consider the site unoccupied, 

both now and at the time of listing. We 

do note, however, that our designation 

of Southampton Marsh as critical 

habitat for C. mollis ssp. mollis may 

incidentally help protect the area for the 

benefit of C. hydrophilum var. 

hydrophilum, should that subspecies 

successfully colonize the area in the 

future. 

In the case of Cordylanthus mollis 

ssp. mollis, we proposed only areas 

containing the features essential to the 

conservation of the subspecies (PCEs). 

Section 3(5)(A)(ii) of the Act allows us 

to include areas unoccupied at the time 

of listing only on a determination that 

such areas are essential for the 

conservation of the subspecies. Section 

3(5)(C) of the Act further requires us to 

avoid including the entire area which 

can be occupied by the subspecies, 

except where additional area is essential 

to conservation of the subspecies. We 

interpret these provisions to mean that 

critical habitat must represent core 

habitat areas without which 

conservation would be extremely 

unlikely. Other important occupied 

habitat areas typically exist, but do not 

rise to the essential level of importance 

required for critical habitat designation. 

Such other areas still benefit from the 

protections afforded to the subspecies 

by the Act. Based on the best scientific 

information available to us at the time, 

we determined in the proposed 

designation that the other locations 

suggested by the peer reviewers for C. 

mollis ssp. mollis did not qualify as 

such core areas. Reasons included size 

of the area; size and persistence of the 

C. mollis ssp. mollis occurrence; and 

presence, quality, and extent of the 

listed PCEs. The C. mollis ssp. mollis 

occurrence left out of Unit 3 consisted 

of a single plant observed in 1991. No 

plants were found at the site during a 

subsequent survey in 1993 (CNDDB 

2006b, p. 13), and the habitat supporting 

that occurrence is separated from the 

unit by about a quarter mile of upland. 

Therefore, extending the unit bounds to 

include both occurrences did not meet 

the intentions of the Act. 

If in the future important new C. 

hydrophilum var. hydrophilum or C. 

mollis ssp. mollis occurrences are 

discovered or established in other areas, 

or if evidence becomes available 

showing that we miscalculated the 

conservation value of undesignated 

areas, there are provisions in the Act to 

amend the critical habitat designation to 

include those areas. 

3. Comment: All three peer reviewers 

argued against excluding any units 

based on expected protections from the 

Suisun Marsh Habitat Management, 

Preservation and Restoration Plan 

(SMHMP). Reasons offered included 

that the SMHMP is not sufficiently 

complete. 

Our Response: We agree that the 

SMHMP is not sufficiently complete. 

Although the draft Programmatic 

Environmental Impact Statement/Report 

(PEIS/R) was initially expected to be 

available for public review and 

comment in the fall of 2006, the 

expected completion date has been 

pushed back to June 2008 (Engle 2006, 

p. 2). 

4. Comment: One peer reviewer 

argued against excluding any units 

based on existing plans such as the 

Suisun Marsh Protection Plan. The peer 

reviewer stated: (a) the historic ranges of 

both plants extend beyond the 

Protection Plan boundaries; (b) some 

organizations with management 

responsibilities directly affecting the 

recovery of the plants are not parties to 

the Protection Plan; and (c) the 

Protection Plan has failed to prevent 

detrimental management decisions in 

the past. 

Our Response: We agree with the peer 

reviewer’s conclusion. The Act allows 

the Secretary of Interior to exclude areas 

for which the benefits of exclusion 

outweigh the benefits of inclusion 

unless the Secretary determines that 

such exclusion will result in the 

extinction of the species (16 U.S.C. 

1533(b)(2)). We have found nothing to 

indicate that designation of the units 

proposed within the Protection Plan’s 

boundaries would negatively affect the 

Protection Plan. Additionally, our 

analysis of economic impacts indicates 

that costs likely to result from 

designation will be relatively low and 

will not unduly burden small 

businesses. We therefore expect the 

benefits of not designating critical 

habitat to be low. In contrast, the 

benefits of designation include: (1) the 

establishment of an additional layer of 

protection applicable to situations with 

a federal nexus; and (2) the calling of 

attention to each unit’s importance for 

the conservation of the endangered 

plants. Accordingly, we do not find that 

the benefits of excluding lands within 

the bounds of the Suisun Marsh 

Protection Plan outweigh the benefits of 

including those lands. 

The definition of critical habitat also 

includes the requirement that 

designated areas may require special 

management considerations or 

protection (16 U.S.C. 1532(5)(A)(i)). We 

discuss the special management needs 

of the designated units in the Special 

Management Considerations section 

below, as well as in the description of 

each unit. While these threats may be 

ameliorated by existing protections such 

as the Protection Plan, special 

management may be necessary in any or 

all of the units despite the existing plan 

because the populations of both 

subspecies are low, the threats 

significant, and the knowledge of how 

best to avoid or ameliorate those threats 

lacking. Management decisions taken 

under the Protection Plan must balance 

numerous goals. Designation of critical 

habitat may provide additional 

protection by pointing out the specific 

habitat and habitat needs of these 


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endangered plants, thereby encouraging 

management decisions specific to those 

areas that are more beneficial to the 

listed plants. Accordingly we find that 

all units, including those subject to the 

Suisun Marsh Protection Plan, meet the 

definition of critical habitat in that they 

may require special management. 

5. Comment: A peer reviewer asked us 

to discuss our decision not to propose 

designation of habitat on land owned by 

the Concord Naval Weapons Station 

(CNWS), in light of the possibility of 

base closure and transfer of land 

management. 

Our Response: Our decision not to 

propose designation for 402 ac (163 ha) 

of land on the CNWS was based on 

section 4(a)(3)(B)(i) of the Act, which 

requires us to avoid designating 

Department of Defense (DOD) land that 

is subject to an Integrated Natural 

Resources Management Plan (INRMP) if 

that INRMP benefits the species in 

question. The Navy has indeed closed 

most of the base and is considering 

plans to transfer ownership of most 

CNWS lands (Hoge 2006, p. 1). 

Additionally, there is wording in the 

INRMP to suggest it may have expired 

in 2006 (USDN 2002, pp. abstract, ES2, 1-8). However, management of the 

tidal portion of CNWS lands, which 

include the excluded Cordylanthus 

mollis ssp. mollis habitat, will be 

transferred to the Army, which will 

continue to carry out the terms of the 

INRMP (Rouhafza 2002, p. 1; 

Wallerstein 2006, p. 1). The INRMP is 

intended to continue in effect 

indefinitely, but Navy and Army policy 

requires review of existing INRMPs 

every 5 years to keep them up to date. 

References to a working period ending 

in 2006 likely were intended to refer to 

the date of first review. That review has 

been completed with no significant 

changes (Wallerstein 2006, p. 1). 

Therefore, based on the approved 

INRMP and our obligations under 

section 4(a)(3)(B)(i) of the Act, we are 

finalizing our exemption of 402 ac (163 

ha) on CNWS. 

6. Comment: One peer reviewer asked 

why we were not including any 

Cordylanthus mollis ssp. mollis 

populations in ‘‘diked, managed, and 

muted’’ tidal marshes, given our earlier 

statement that ‘‘diked and managed 

marshes account for approximately 14 

percent’’ of C. mollis ssp. mollis 

occurrences. Another peer reviewer 

pointed out that even natural tidal areas 

may be muted somewhat by natural 

features and yet still support C. mollis 

ssp. mollis, making our distinction of 

‘‘fully tidal’’ versus ‘‘diked, managed, 

and muted’’ a false dichotomy. The 

third reviewer stated that diked and 

managed marshes account for less than 

14 percent of C. mollis ssp. mollis 

occurrences. This reviewer indicated 

that muted tidal regimes can be 

detrimental to C. mollis ssp. mollis due 

to negative correlations with host plants 

and with seed predation (presumably 

depending on the degree of muting). 

This peer reviewer nevertheless noted 

several areas with somewhat muted 

tidal action that still support important 

occurrences. Areas with muted tidal 

regimes mentioned by the reviewers 

include Hill Slough Marsh (Unit 2), 

Point Pinole (Unit 3), and the exempted 

areas of Concord Naval Weapons 

Station. 

Our Response: We have updated the 

discussion of primary constituent 

elements (PCEs) to better indicate that 

Cordylanthus mollis ssp. mollis does not 

readily occur in diked wetlands, but can 

occur in muted tidal wetlands, and that 

chances of deleterious effects increase 

as tidal muting increases. For more 

information see the Primary Constituent 

Elements section below. 

7. Comment: A peer reviewer 

questioned the use of soil type and 

salinity as a PCE for C. mollis ssp. 

mollis, stating that a recent study 

(Rejmankova and Grewell 2003) 

indicated soil physical type and salinity 

were not predictive of C. mollis ssp. 

mollis occurrences, but that host 

community composition and vigor were 

predictive, as were canopy light and 

disturbance gaps. 

Our Response: We have changed the 

PCEs for Cordylanthus mollis ssp. mollis 

to reflect this. 

8. Comment: One peer reviewer noted 

the following discrepancies in the unit 

boundaries: (a) Table 2 for the Hill 

Slough unit mentions 85 ac (34 ha) of 

private land that do not appear to be 

included on the map; (b) Unit 2b for 

Cirsium hydrophilum var. hydrophilum 

appears to include areas with diked 

wetlands and landfill; (c) Unit 1 for 

Cordylanthus mollis ssp. mollis 

includes a large permanent pond that 

does not constitute habitat for the 

subspecies, and in fact acts as a threat 

by creating a dispersal barrier for C. 

mollis ssp. mollis seeds and by serving 

as a propagule source for exotic invasive 

species; and (d) Unit 5 for C. mollis ssp. 

mollis includes a 22 ac (9 ha) 

Superfund-listed landfill. 

Our Response: We have redrawn the 

maps and adjusted the tables to avoid 

the areas mentioned lacking PCEs. 

However, our sources do indicate 85 ac 

(34 ha) of private land are located in the 

northeastern portion of the Hill Slough 

unit (BIA 2001). This land is referred to 

in the economic analysis (p. 52) as part 

of the Lang Tule Ranch. 

9. Comment: One peer reviewer noted 

that the PCEs for Cirsium hydrophilum 

var. hydrophilum discuss the banks of 

tidal channels but could be interpreted 

as leaving out tidal channel beds, since 

such beds are typically below mean 

high water (MHW). He noted that tidal 

channel beds are extremely important 

hydrologically to the subspecies. He 

also disagreed with our reference in that 

PCE to the high water mark of natural 

tidal channels, stating ‘‘there is 

generally no ‘high water mark’ along a 

tidal channel edge unless it is lined 

with an artificial levee.’’ Additionally, 

he defined the edge of ‘‘upland ecotone’’

(to which we refer in the first PCE for 

both plants) as ‘‘extreme high water’’. 

Our Response: Our intent was to 

include the tidal channel beds within 

the mapped bounds of each designated 

unit. We noted in the mapping section 

of the proposed rule that tidal channels 

are included in critical habitat in their 

entirety because they ‘‘are essential for 

the conservation of the subspecies based 

on hydrologic processes, despite the fact 

that these plants do not normally grow 

within the banks of such channels and 

ponds’’ (71 FR 18465). We have 

adjusted the wording of the PCEs so that 

they now clearly include the entire tidal 

channel within the bounds of each 

mapped unit. We have also removed 

mention of ‘‘high water mark’’ and 

upland ecotone, and have redefined the 

first PCE of both subspecies in terms of 

our official wetlands classification 

system (Cowardin et al 1977, p. 6). 

10.Comment: One peer reviewer 

noted that, in the section on Landscape 

Hydrology of Cirsium hydrophilum var. 

hydrophilum, we stated that the plants 

may typically occur along the banks of 

canals or ditches because of lowered 

soil and groundwater salinity. The peer 

reviewer termed this speculative, and 

suggested that the physical 

characteristics of the soil itself at those 

locations may provide a better 

explanation than salinity. 

Our Response: We have removed 

comments related to salinity and added 

the existence of tidal channels 

themselves as a PCE. We were not able 

to further characterize the specific 

characteristics of tidal or alluvial 

deposits sufficiently to indicate 

additional soil-based PCEs essential to 

the subspecies. 

Comments from the State 

The CDFG provided the following 

comments concerning the proposed 

critical habitat designation for Cirsium 

hydrophilum var. hydrophilum and 

Cordylanthus mollis ssp. mollis. 

11. Comment: The CDFG 

acknowledged that the proposed areas 


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18522 Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Rules and Regulations 

provide essential needs for the plants, 

and so concurred with the proposed 

designation as it pertains to CDFG 

lands. 

Our Response: We acknowledge and 

appreciate CDFG’s concurrence. 

Public Comments Regarding Potential 

Exclusions of Proposed Units 

12. Comment: We received one 

comment supporting designation of all 

units despite protections expected from 

the Suisun Marsh Habitat Management, 

Preservation and Restoration Plan 

(SMHMP). Another commenter argued 

that all units in the Suisun Marsh area 

should be excluded based on the 

sufficiency of existing and planned 

protections (SMHMP, Suisun Marsh 

Preservation Act, Federal endangered 

species designations) and on the costs 

likely to result from designation. 

Our Response: As discussed above in 

our response to comments 3 and 4, 

based on our economic analysis, we do 

not consider the economic or other 

impacts of designation to rise to a level 

where the benefits of exclusion 

outweigh the benefits of inclusion. We 

also do not consider existing or planned 

management protections to rise to the 

level such that the benefits of exclusion 

would outweigh the benefits of 

inclusion for any of the units. 

13. Comment: One commenter argued 

that proposed Unit 2A for Cirsium 

hydrophilum var. hydrophilum should 

not be designated for three reasons: (a) 

it is not known to support C. 

hydrophilum var. hydrophilum 

occurrences; (b) it lacks fully tidal 

inundations and so does not have a 

necessary PCE; and (c) designation 

would result in an undue burden on the 

landowner’s efforts to create an 

environmental easement on or near the 

property for the benefit of Lasthenia 

conjugens (Contra Costa goldfields), a 

federally threatened upland species. 

Our Response: Regarding the 

commenter’s first point: Our procedure 

for mapping critical habitat units has 

been to include within each unit the 

entire extent of persistent emergent 

intertidal estuarine wetland above mean 

high water that supports the PCEs and 

that was occupied by the subspecies at 

the time of listing (except for Unit 1 for 

C. hydrophilum var. hydrophilum, 

which is unoccupied). We contacted a 

biologist involved in the conservation 

easement planning process for the area 

who provided us with a recent rare 

plants survey report and associated 

mapping information. Both the survey 

report and the biologist’s observations at 

the site (Vollmar 2005a, p. 2, 3, 5; 

Huffman 2006, p. 1) indicate that the 

sloughs and area beneath the railroad 

connecting proposed unit 2A to 

proposed unit 2B are fully tidal and are 

not blocked by the Union Pacific 

railroad tracks separating the two 

proposed subunits. Since there is no 

intervening area that does not consist of 

persistent emergent intertidal estuarine 

wetland, we have combined the two 

proposed subunits into a single 

contiguous unit. That unit was occupied 

at the time of listing (CNDDB 2006a, 

p.1), although the occupied portion was 

in the eastern half of the unit. Although 

the survey report did not note any C. 

hydrophilum var. hydrophilum in the 

western portion of the unit, it did 

confirm the presence of the PCEs for the 

subspecies in that area (Vollmar 2005a, 

p. 5, 7, 18, Figure 9). The report added: 

‘‘While this species was not observed 

during field surveys, it may have been 

missed since it can be cryptic and areas 

where it might grow were difficult to 

access.’’ (Vollmar 2005a, p. 18). 

Regarding commenter’s second point: 

As discussed above, the survey report 

and biologist’s observations at the site 

both indicate the general area of the 

commenter’s concern is fully tidal 

(Vollmar 2005a, p. 2, 3, 5; Huffman 

2006, p. 1). 

Regarding the commenter’s third 

point: The survey report included 

detailed mapping information showing 

a western boundary of ‘‘perennial 

brackish marsh’’ that was somewhat to 

the east of our proposed unit bounds 

(Vollmar 2005a, Figure 9). We have 

adjusted the western bounds of Unit 2 

accordingly, thereby removing some of 

the area referred to by the commenter 

from critical habitat designation. This 

should help address concerns regarding 

the potential for C. hydrophilum var. 

hydrophilum’s critical habitat to 

interfere with the development of a 

conservation easement for Lasthenia 

conjugens, which is an upland species. 

Our economic analysis noted that 

significant economic impacts to private 

landholders were unlikely as a result of 

the designation of the area proposed as 

subunit 2A. 

Summary of Changes From Proposed 

Rule 

In preparing this final critical habitat 

designation for Cirsium hydrophilum 

var. hydrophilum and Cordylanthus 

mollis ssp. mollis, we reviewed and 

considered comments from the public 

and peer reviewers on the proposed 

designation of critical habitat published 

on April 11, 2006 (71 FR 18456). We 

received no comments on the draft 

economic analysis published on 

November 20, 2006 (71 FR 67089). As a 

result of comments received on the 

proposed rule and a reevaluation of the 

proposed critical habitat boundaries, we 

made changes to our proposed 

designation, as follows: 

We combined subunits A and B of 

Unit 2 for C. hydrophilum var. 

hydrophilum (Peytonia Slough Marsh) 

based on new information indicating 

that the two subunits are not 

hydrologically divided by the railroad 

tracks that cut between them. We also 

removed 18 ac (7 ha) of private land 

from the western edge of the unit based 

on mapping information provided by a 

recent biological survey of the area, and 

we removed 53 ac (21 ha) of State land 

from the northeastern edge of what was 

originally subunit 2B, to exclude diked 

marsh and landfilled areas pointed out 

by a peer reviewer. We have updated 

the map and legal description for the 

unit accordingly. 

(2) We removed 23 ac (9 ha) of State 

land from the middle of the eastern 

portion of Unit 1 for C. mollis ssp. 

mollis (Fagan Slough Marsh) to exclude 

a large permanent pond and diked 

wetland pointed out by a peer reviewer. 

We have updated the map and legal 

description for the unit accordingly. 

(3) We removed 14 ac (6 ha) of State 

land from the northwestern portion of 

Unit 5 for C. mollis ssp. mollis 

(Southampton Marsh) to exclude a 

landfill pointed out by a peer reviewer. 

We have updated the map and legal 

description for the unit accordingly. 

(4) We changed the wording of the 

first PCE for both subspecies to apply 

the terms of our wetlands classification 

system (Cowardin et al 1977, p. 6) and 

to better indicate that the seaward edge 

(defined on the marsh plain by mean 

high water) should be drawn directly 

across intervening tidal channels 

despite the fact that the beds of such 

channels are typically below mean high 

water. We also removed references to 

tidal channel migrations, based on a 

peer reviewer’s assertion that such 

channels do not typically migrate. 

(5) We removed references to soil 

salinity in the second PCE for both 

subspecies, based on a peer reviewer’s 

assertion that soil salinity is not 

predictive of C. mollis ssp. mollis 

occurrences within areas identified by 

PCE 1. Further review also showed that 

the soils on which both subspecies 

typically occur are actually strongly 

saline, not slightly-to-moderately saline 

as we stated in the proposed designation 

(USDA 1993, p. 194; NRCS 2005, Joice 

Series p. 1, Tamba Series p.1). Because 

essentially all the soils within the area 

supporting PCE 1 are strongly saline, the 

identification of soil salinity provided 

no further predictive value, and was 

removed for both subspecies. 


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(6) We changed the wording of all the 

PCEs to focus on the specific physical 

or biological features essential to the 

subspecies, rather than on the areas 

containing those features. 

(7) We changed the second PCE for C. 

hydrophilum var. hydrophilum by 

removing reference to the high water 

mark of tidal channels (which, as a peer 

reviewer pointed out, is essentially the 

bank of the channel), and by identifying 

the tidal channels and tidally 

influenced ditches themselves as a PCE. 

(8) We added a third PCE for C. 

hydrophilum var. hydrophilum to 

address the threat posed by invasive 

Lepidium latifolium (perennial 

peppergrass), which appears to prevent 

seedling establishment of C. 

hydrophilum var. hydrophilum by 

growing very densely (CDWR 1999, p. 

171; Service 2005, p. 78). 

(9) Based on a peer reviewer’s 

comments, we changed the third PCE 

for C. mollis ssp. mollis by removing 

references to canopy height and focused 

instead on canopy cover and 

germination openings. 

(10) We renumbered the fourth PCE 

for C. mollis ssp. mollis, making it the 

second PCE. We also rephrased the PCE 

to focus more on the rarity or absence 

of unsuitable host plants rather than on 

the presence of suitable host plants. The 

presence of suitable host plants is 

presumed by the canopy cover 

requirements of the third PCE. 

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 the 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 pursuant to 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 at the time of 

listing 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 (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 

considerations 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 pursuant to section 4(b)(2) of the 

Act.) Areas outside of the geographic 

area occupied by the species at the time 

of listing may only be included in 

critical habitat if they are essential for 

the conservation of the species. 

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. 

However, an area that is currently 

occupied by the species, but which was 

not known at the time of listing to be 

occupied, will likely, but not always, be 

essential to the conservation of the 

species and, therefore, eligible for 

inclusion 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 

(P.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 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 of 

Cirsium hydrophilum var. hydrophilum 

and Cordylanthus mollis ssp. mollis, 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. Section 7(a)(1) directs all other 

Federal agencies to utilize their 

authorities in furtherance of the 

purposes of the ESA by carrying out 

programs for the conservation of listed 

species. Federally funded or permitted 

projects affecting listed species outside 

their designated critical habitat areas 


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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. 

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 

designate as critical habitat within areas 

occupied by the species at the time of 

listing, we consider those physical and 

biological features (PCEs) that are 

essential to the conservation of the 

species, and that may require special 

management considerations and 

protection. These include, but are not 

limited to, space for individual and 

population growth and for normal 

behavior; food, water, air, light, 

minerals, or other nutritional or 

physiological requirements; cover or 

shelter; sites for breeding, reproduction, 

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 PCEs required for 

Cirsium hydrophilum var. hydrophilum 

and Cordylanthus mollis ssp. mollis are 

derived from the biological needs of the 

two plants as described below and in 

the proposed critical habitat designation 

published in the Federal Register on 

April 11, 2006 (71 FR 18456). 

Cirsium hydrophilum var. hydrophilum: 

Space for Individual and Population 

Growth 

Cirsium hydrophilum var. 

hydrophilum appears to have been 

historically restricted to Suisun Marsh 

in Solano County, California (CDWR 

1999, p. 171). Cirsium hydrophilum var. 

hydrophilum is only known to occur in 

persistent emergent intertidal estuarine 

wetland, from the landward edge of that 

habitat type down to the mean high 

water line (Service 2005, p. 22). A 

wetland is an area that is at least 

periodically saturated or covered by 

water of up to 6 feet (2 meters). An 

estuarine wetland is a wetland exposed 

at least occasionally to both ocean tides 

and freshwater runoff from the land. 

‘‘Intertidal’’ means the area is 

occasionally flooded by tides, rather 

than being continuously submerged. 

‘‘Emergent’’ indicates that the area is 

dominated by erect, rooted plants 

adapted to growth in saturated, low 

oxygen soils. Such areas are 

‘‘persistent’’ when these plants normally 

remain standing at least until the 

beginning of the next growing season 

(Cowardin et al 1977, pp. 11, 18, 19, 35, 

36). The landward limit of such a 

wetland is the highest point that is still 

occasionally flooded by tides (Cowardin 

et al 1977, p. 19). This wetland type 

extends down below mean high water, 

to the seaward limit of persistent 

emergent vegetation (Cowardin et al 

1977, p. 18), but C. hydrophilum var. 

hydrophilum is not known from areas 

below the mean high water line. Within 

these limits, most C. hydrophilum var. 

hydrophilum plants grow along the 

banks of small natural tidal channels 

and tidally influenced ditches (CDWR 

1999, p. 171; LCLA 2003, p. 19; Service 

2005, p. 22; CNDDB 2006a, pp. 2, 3). 

Occurrences also exist on low-order 

floodplain unassociated with any water 

channel, but this is rare (LCLA 2003, p. 

19). The subspecies does not appear to 

thrive in diked wetlands (CDWR 1999, 

p. 172), presumably because such 

wetlands become nonestuarine due to 

the lack of tidal inundations. 

Specific conditions for germination 

and growth of Cirsium hydrophilum var. 

hydrophilum are not known, but field 

observations suggest they are associated 

with small gaps or sparsely vegetated 

areas. Dense vegetative cover, 

particularly Lepidium latifolium 

(perennial peppergrass) restricts the 

establishment of the subspecies (CDWR 

1999, p. 171; LCLA 2003, p 21). 

Cirsium hydrophilum var. hydrophilum: 

Sites Providing Nutritional or 

Physiological Requirements 

Cirsium hydrophilum var. 

hydrophilum tends to grow along the 

banks of tidal channels and tidally 

influenced ditches (CDWR 1999, p. 

171). Tidal channels are characterized 

as being open conduits that either 

periodically or continuously contain 

moving water (Cowardin et al 1977, p. 

69). Such channels in an estuarine 

wetland would extend landward to the 

point where ocean-derived salts 

measure less than 0.5 percent during the 

period of average annual flow 

(Cowardin et al 1977, p. 18). 

Cirsium hydrophilum var. hydrophilum: 

Sites for Reproduction 

Cirsium hydrophilum var. 

hydrophilum is a perennial plant that 

dies after flowering and bearing seeds. 

Its vegetative period is usually 1 year, 

but if small vegetative plant size or 

unfavorable environmental conditions 

delay flowering, a plant may grow back 

from its central root crown after the 

winter, and thereby live for more than 

a year. Flowering occurs throughout the 

summer during most years and 

continues through the production of 

ripe seed heads (Service 2005, p. 75). 

Pollination ecology of Cirsium 

hydrophilum var. hydrophilum has not 

been studied to identify specific flower 

pollinators. Field observations at Rush 

Ranch indicate that several bee species 

may be important in pollinating the 

subspecies (LCLA 2003, pp. 39-40, 47; 

Service 2005, p. 75). The most common 

species observed gathering pollen at the 

ranch was the yellow-faced bumble bee 

(Bombus vosnesenskii) (LCLA 2003, pp. 

39-40). 

Information on short- and longdistance seed dispersal for Cirsium 

hydrophilum var. hydrophilum is 

lacking, but streams and tidal flows 

have been shown to be important seed 

dispersal mechanisms in C. vinaceum 

(Sacramento Mountain thistle) and 

certain halophytic plants (Koutstaal et 

al. 1987, p. 226; Huiskes et al. 1995, p. 

559; Craddock and Huenneke 1997, p. 

215; LCLA 2003, p. 46). C. hydrophilum 

var. hydrophilum seeds float in water 

(LCLA 2003, p. 46), and also have 

plumes conducive to wind dispersal, 

but the seeds are relatively heavy and 

tend to detach from the plumes, making 

long distance wind dispersal less likely 

(Service 2005, p. 76). 

Cirsium hydrophilum var. hydrophilum: 

Primary Constituent Elements 

Pursuant to our regulations, we are 

required to identify the known physical 

and biological features (primary 

constituent elements (PCEs)) essential to 

the conservation of Cirsium 

hydrophilum var. hydrophilum. All 

areas except for Unit 1 (Hill Slough 

Marsh) are currently occupied by C. 

hydrophilum var. hydrophilum. All of 

the critical habitat areas are within the 

subspecies’ historic geographic range, 

and contain sufficient PCEs to support 

at least one of the plant’s life history 

functions. 

Based on our current knowledge of 

the life history, biology, and ecology of 

Cirsium hydrophilum var. hydrophilum 

and the requirements of the habitat to 

sustain the essential life history 

functions of the subspecies, we have 

determined that the PCEs for Cirsium 

hydrophilum var. hydrophilum are: 

(1) Persistent emergent, intertidal, 

estuarine wetland at or above the mean 

high-water line (as extended directly 

across any intersecting channels); 

(2) Open channels that periodically 

contain moving water with oceanderived salts in excess of 0.5 percent; 

and 

(3) Gaps in surrounding vegetation to 

allow for seed germination and growth. 


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Cordylanthus mollis ssp. mollis: Space 

for Individual and Population Growth 

Cordylanthus mollis ssp. mollis is 

somewhat more geographically 

widespread than C. hydrophilum var. 

hydrophilum, growing in tidal marshes 

of San Pablo Bay, as well as of Suisun 

Bay (CNDDB 2006b). As with C. 

hydrophilum var. hydrophilum, 

however, C. mollis ssp. mollis is 

restricted to persistent emergent 

intertidal estuarine wetland above the 

mean high water line (Ruygt 1994, p. 

77). C. mollis ssp. mollis does not 

typically occur in diked wetlands 

without tidal action (CDWR 1994, p. 50; 

Ruygt 1994, p. 77; Grewell et al. 2003, 

p. 32). Areas with muted tidal regimes 

can support the subspecies (CDWR 

1999, p. 176), but increased tidal muting 

can constitute a threat to C. mollis ssp. 

mollis by increasing the prevalence of 

unsuitable host plants, and by changing 

the balance of seed production to seed 

predation maintained between the plant 

and seed–eating moths, such as various 

Saphenista species (Grewell 2004, pp. 

115, 16; Grewell 2006, p. 3). The moth 

larvae burrow in the sediment during 

part of their life cycle, so reduced tidal 

flooding may improve their 

survivorship. 

Cordylanthus mollis ssp. mollis: Sites 

Providing Nutritional or Physiological 

Requirements 

Cordylanthus mollis ssp. mollis 

thrives best under a partially open 

canopy that provides intermediate light 

levels (average 790 nanomols per square 

meter per second (nMol/m2/s)) at 

ground level during seedling emergence 

in the spring (Grewell et al. 2003, p. 31). 

The plant establishes fragile, parasitic 

root connections to its host plants by 

means of a specialized structure called 

a haustorium (Chuang and Heckard 

1971, p. 218; Grewell et al. 2003, p. 8). 

These connections produce an extensive 

network of intertwined roots that 

provides the subspecies with part of its 

water and nutritional requirements to 

augment its growth. C. mollis ssp. mollis 

seedlings will attach to a wide range of 

host plants, but not all plants are 

suitable hosts. Nonnative winter 

annuals, such as Hainardia cylindrica 

(barbgrass) and Polypogon 

monspeliensis (annual rabbitsfoot grass), 

or native winter annuals, such as Juncus 

bufonius (toad rush), are not suitable 

hosts because they typically die before 

C. mollis ssp. mollis can flower and 

produce seeds (Grewell et al. 2003, pp. 

77, 78; and Grewell 2004, pp. 86, 107). 

Known suitable hosts include Distichlis 

spicata (salt grass), Sarcocornia pacifica 

(pickleweed), and Jaumea carnosa 

(marsh jaumea). Seedlings suffer 

increased mortality when they 

germinate near unsuitable hosts or in 

habitats with a low availability of 

suitable hosts (Grewell 2004, pp. 86, 

107). 

Cordylanthus mollis ssp. mollis: Sites 

for Reproduction 

Cordylanthus mollis ssp. mollis, an 

annual, regenerates from a persistent, 

dormant seed bank. The longevity of 

seed banks is unknown, but some 

populations fail to emerge for several 

years and then reappear, suggesting 

long-term viability of dormant seeds 

(Service 2005, p. 97). The peak seed 

germination period occurs during the 

most frequent tidal inundations in areas 

of bare soil (CDWR 1994, p. 52; Ruygt 

1994, p. 78). Accordingly, the presence 

of small gaps in the surrounding 

overstory are important to the 

germination success. Such gaps can be 

created by Cuscuta salina (salt marsh 

dodder), a parasitic plant (Grewell et. al. 

2003, pp. 22, 31). Seed production can 

be significantly influenced by flower, 

fruit, and seed predation by 

lepidopteran larvae (caterpillars) (Ruygt 

1994, p. 59; Grewell et al. 2003, pp. 43- 

45). 

Cordylanthus mollis ssp. mollis is 

probably dependent on insects for 

successful pollination and reproduction. 

Ruygt (1994, p. 56) observed three bee 

species that were visitors to various C. 

mollis ssp. mollis populations in Napa 

and Solano Counties. Bumble bees 

(Bombus californicus) were the most 

frequent visitors seen foraging among 

flowers. The low number of potential 

pollinators at some locations suggests 

that the subspecies may rely to some 

degree on self-pollination to fertilize 

flowers within larger populations (Ruygt 

1994, p. 58). During a pollinator 

exclusion experiment, Ruygt (1994, p. 

58) observed that several plants were 

able to produce seeds through selffertilization, but the viability of these 

seeds were not tested or compared to 

those for non-experimental plants. 

Grewell et al. (2003, pp. 37-39) observed 

five bee genera and one bee fly acting 

as potential pollinators at a recently 

reintroduced population of C. mollis 

ssp. mollis at Rush Ranch and a natural 

population at Hill Slough Marsh. Predispersal predation of C. mollis ssp. 

mollis seeds by various moths, 

including Saphinista and Lipographis 

species, can also play a significant role 

in reproductive success (Grewell et al. 

2003, p. 45). The influence of natural 

tidal regimes on Saphinista population 

levels is discussed above. Populations of 

these seed predators are also kept in 

check by various wasps of the 

Eumenidae and Vespidae families. 

Limited information exists on seed 

dispersal mechanisms for Cordylanthus 

mollis ssp. mollis. Seeds may disperse 

short distances from parent plants by 

tidal inundations or animals (Grewell et 

al. 2003, pp. 89-90), but successful long 

distance dispersal by these or other 

events has not been documented. 

Stromberg and Villasenor (1986, p. 6) 

observed that most of the mature seed 

capsules remained closed on parent 

plants. They believed that the majority 

of the seeds were probably released 

from seed capsules after mature plants 

fell to the ground and decayed. This 

would likely result most often in seeds 

germinating directly beneath parent 

plants, but since the seeds can float 

(Ruygt 1994, p. 31), it would also 

provide opportunity for dispersal by 

tidal inundations. 

Cordylanthus mollis ssp. mollis: 

Primary Constituent Elements 

Pursuant to our regulations, we are 

required to identify the known physical 

and biological features (PCEs) essential 

to the conservation of Cordylanthus 

mollis ssp. mollis. All areas designated 

as critical habitat for C. mollis ssp. 

mollis are occupied by the subspecies, 

are within the subspecies’ historic 

geographic range, and contain sufficient 

PCEs to support at least one of the 

plant’s life history functions. 

Based on our current knowledge of 

the life history, biology, and ecology of 

Cordylanthus mollis ssp. mollis, we 

have determined that the PCEs for 

Cordylanthus mollis ssp. mollis: 

(1) Persistent emergent, intertidal, 

estuarine wetland at or above the mean 

high-water line (as extended directly 

across any intersecting channels); 

(2) Rarity or absence of plants that 

naturally die in late spring (winter 

annuals); and 

(3) Partially open spring canopy cover 

(approximately 790 nMol/m2/s) at 

ground level, with many small openings 

to facilitate seedling germination. 

This designation is designed for the 

conservation of areas supporting PCEs 

necessary to support the life history 

functions which were the basis for the 

proposal. In general, critical habitat 

units are designated based on sufficient 

PCEs being present to support one or 

more of the subspecies’ life history 

functions. Each of the areas proposed in 

this rule have been determined to 

contain sufficient PCEs to provide for 

one or more of the life history functions 

of the two subspecies. Because not all 

life history functions require all the 

PCEs, not all critical habitat will 

uniformly contain all the PCEs. 


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Criteria Used To Identify Critical 

Habitat 

As required by section 4 of the Act, 

we use the best scientific data available 

in determining areas that contain the 

features that are essential to the 

conservation of Cirsium hydrophilum 

var. hydrophilum and Cordylanthus 

mollis ssp. mollis. The material 

included data in reports submitted 

during section 7 consultations and by 

biologists holding section 10(a)(1)(A) 

recovery permits; research published in 

peer-reviewed articles and presented in 

academic theses and agency reports; and 

regional Geographic Information System 

(GIS) coverages. With the partial 

exception of Hill Slough Marsh, we 

designated no areas outside the 

geographical area presently occupied by 

the subspecies. Hill Slough Marsh is 

designated for both C. hydrophilum var. 

hydrophilum and C. mollis ssp. mollis, 

but is only currently occupied by C. 

mollis ssp. mollis. The area is being 

designated critical habitat for C. 

hydrophilum var. hydrophilum because 

it contains the PCEs for the species and 

is required for its conservation due to 

the plants limited distribution. The Hill 

Slough Marsh has been identified as the 

single best area for restoration for C. 

hydrophilum var. hydrophilum and is 

the subject of on-going planning and 

restoration efforts. 

Mapping 

After choosing general areas based on 

the above considerations, we mapped 

unit bounds to correspond with the 

contiguous areas supporting the listed 

PCEs, according to procedures listed in 

the Mapping section of the proposed 

rule (71 FR 18465; April 11, 2006). As 

discussed above (Summary of Changes 

From the Proposed Rule), we redrew 

some bounds in this final designation to 

account for changes to the PCEs, as well 

as for new information provided by peer 

reviewers and commenters. 

Criteria Used to Identify Critical Habitat 

for Cirsium hydrophilum var. 

hydrophilum 

The tidally influenced habitat 

required for Cirsium hydrophilum var. 

hydrophilum survival has been greatly 

reduced from historical levels. Of the 

estimated 71,000 ac (29,000 ha) of tidal 

marsh habitat originally within the 

Suisun Marsh, only about 9,300 ac 

(3,800 ha) remained as tidal marsh in 

1989 (Dedrick 1989, pp. 4, 7). Most of 

this area is backed by steep levees, 

allowing for little or no tidally 

influenced marsh habitat required for 

the subspecies as identified in the PCE 

section above. The distribution of C. 

hydrophilum var. hydrophilum has also 

been greatly reduced from historical 

levels. It was considered very common 

in Suisun Bay in the late 19th century 

(CDWR 1999, p. 171). In 1975, the plant 

was deemed to be extirpated due to a 

15–year absence from known locations 

within the Suisun Marsh. Extensive 

survey work in 1993 identified two 

populations in the Suisun Marsh area 

and identified the Hill Slough area as 

containing habitat essential for the 

conservation of the subspecies (Grewell 

1993). 

The population size of C. 

hydrophilum var. hydrophilum varies 

greatly from year to year. At the time of 

listing, the subspecies was known from 

two small areas totaling a few thousand 

plants occupying an area of less than 

one acre. Survey work done since the 

time of listing has identified an 

additional population within the same 

general area as the two at the time of 

listing. These three populations 

continue to be threatened by the same 

factors discussed in the listing 

determination: habitat loss, 

fragmentation, disruption to the 

hydrologic regime, invasive competition 

from nonnative plants, chronic and 

acute pollution from point and nonpoint sources, insect or pest outbreaks, 

and extended drought. Due to their 

small size, the populations are also 

subject to increased risk of extirpation 

from random anthropogenic or natural 

events. 

We have determined that, due to the 

limited availability of habitat for the 

subspecies, the limited distribution and 

small population size of the subspecies, 

and the subspecies’ poor dispersal 

capabilities, the long-term conservation 

of this plant is dependent upon the 

protection of habitat supporting all three 

existing populations, including 

surrounding areas that may contain 

dormant seed banks and that support 

the PCEs of the subspecies. For the same 

reasons, the conservation of the 

subspecies also depends on the 

establishment of at least one additional 

population in appropriate habitat. Hill 

Slough Marsh is not known to be 

occupied by the subspecies, either now 

or at the time of listing, but based on the 

area’s size and because it supports all 

the PCEs of the plant, it is the area best 

suited for reintroduction. The area is 

also the subject of ongoing restoration 

and planning efforts conducted under 

the auspices of the Suisun Protection 

Plan (Pacheco 2006, p. 2). Accordingly, 

we have determined that the area of Hill 

Slough Marsh proposed below as Unit 1 

for Cirsium hydrophilum var. 

hydrophilum is essential to the 

conservation of the subspecies. 

Criteria Used to Identify Critical Habitat 

for Cordylanthus mollis ssp. mollis 

Only extant occurrences of 

Cordylanthus mollis ssp. mollis in areas 

supporting PCE 1 were selected because 

these areas contain the features essential 

to the conservation of the subspecies 

and can contribute best to the 

subspecies’ recovery. These widely 

scattered populations are dependent on 

tidal events and native halophytic plant 

communities to complete the 

subspecies’ life cycle. Extant 

occurrences in diked, managed, and 

muted tidal marshes were not proposed 

for designation, because these areas fail 

to support the tidal hydrology and 

native plant communities that the 

subspecies needs for long-term 

persistence. Populations outside the 

designation of critical habitat may still 

be important for recovery of the 

subspecies, and are still protected under 

the Act, but their habitat is not 

considered essential to recovery. 

When determining critical habitat 

boundaries, we made every effort to 

avoid including within the boundaries 

of the map contained within this final 

rule such developed areas as buildings, 

aqueducts, runways, roads, and other 

paved areas and the land on which they 

are located that lack PCEs for Cirsium 

hydrophilum var. hydrophilum and 

Cordylanthus mollis ssp. mollis. The 

scale of the maps prepared under the 

parameters for publication within the 

Code of Federal Regulations may not 

reflect the exclusion of such developed 

areas. Any such structures and the land 

under them inadvertently left inside 

critical habitat boundaries shown on the 

maps of this final rule have been 

excluded by text in the rule and are not 

designated as critical habitat. Therefore, 

Federal actions limited to these areas 

would not trigger section 7 consultation, 

unless they affect the species or primary 

constituent elements in adjacent critical 

habitat. 

Special Management Considerations or 

Protections 

When designating critical habitat, we 

assess whether the areas determined to 

be occupied at the time of listing and 

that contain the PCEs may require 

special management considerations or 

protection. Most of the PCEs and the 

known occurrences of Cirsium 

hydrophilum var. hydrophilum and 

Cordylanthus mollis ssp. mollis are 

threatened by: (1) tidal wetland 

conversions to diked, managed, or 

muted tidal marshes; (2) changes to 

channel water salinity and tidal 

regimes; (3) mosquito abatement 

activities; (4) marsh invasions by 


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nonnative plants; (5) plant-eating 

insects; (6) urban, industrial, and 

agricultural encroachment; (7) impacts 

from livestock overgrazing; (8) feral pigs 

(Sus scrofa); and (9) impacts from 

unauthorized foot and off-road vehicle 

traffic. These combined threats result in 

the loss and fragmentation of suitable 

habitat for C. hydrophilum var. 

hydrophilum and C. mollis ssp. mollis, 

which could significantly affect their 

long-term survival. Individually, these 

threats may require special management 

considerations or protection as 

addressed under the critical habitat unit 

descriptions below. 

Critical Habitat Designation 

We are designating three units as 

critical habitat for Cirsium hydrophilum 

var. hydrophilum and five units for 

Cordylanthus mollis ssp. mollis. The 

critical habitat areas described below 

constitute our best assessment at this 

time of: (1) areas determined to be 

occupied at the time of listing, that 

contain the primary constituent 

elements essential for the conservation 

of the species, and that may require 

special management considerations or 

protection; and (2) those additional 

areas that were not occupied at the time 

of listing, but were found to be essential 

to the conservation of the subspecies. 

Cirsium hydrophilum var. hydrophilum 

The three designated units for Cirsium 

hydrophilum var. hydrophilum are in 

Solano County, California. The critical 

habitat units described below contain 

the PCEs of the subspecies and may 

require special management 

considerations or protection. The 

acreages of land ownership for units 

designated as critical habitat are listed 

in Table 1, and Table 2 indicates 

occupancy status for each unit. 

TABLE 1.—LAND OWNERSHIP OF CRITICAL HABITAT UNITS DESIGNATED FOR Cirsium Hydrophilum VAR. Hydrophilum 

[Area Estimates Reflect All Land Within Critical Habitat Boundaries, Acres (Hectares)] 

Unit State Land Trust Private Total 

1. Hill Slough Marsh ..................................................................... 440 (178) 0 (0) 85 (35) 525 (213) 

2. Peytonia Slough Marsh ............................................................ 192 (78) 0 (0) 154 (62) 346 (140) 

3. Rush Ranch/Grizzly Island Wildlife Area ................................. 231 (93) 950 (384) (0.0) 1,181 (477) 

Total ...................................................................................... 863 (349) 950 (384) 239 (97) 2,052 (830) 

TABLE 2.—OCCUPANCY BY CRITICAL HABITAT UNIT FOR Cirsium Hydrophilum var. Hydrophilum 

Unit Occupied at 

time of listing? 

Currently 

Occupied Acres (Hectares) 

1. Hill Slough Marsh ............................................................................................................... No No 525 (213) 

2. Peytonia Slough Marsh ...................................................................................................... Yes Yes 346 (140) 

3. Rush Ranch/Grizzly Island Wildlife Area ........................................................................... Yes Yes 1,181 (477) 

Total ................................................................................................................................ 2,052 (830) 

Common threats that may require 

special management considerations or 

protection of the PCEs for Cirsium 

hydrophilum var. hydrophilum in all 

three units include: (1) alterations to 

channel water salinity and tidal regimes 

from the operation of the Suisun Marsh 

Salinity Control Gates that could affect 

the depth, duration, and frequency of 

tidal events and the degree of salinity in 

the channel water column; (2) mosquito 

abatement activities (dredging, and 

chemical spray operations), which may 

damage the plants directly by trampling 

and soil disturbance, and indirectly by 

altering hydrologic processes and by 

providing relatively dry ground for 

additional foot and vehicular traffic; (3) 

rooting, wallowing, trampling, and 

grazing impacts from livestock and feral 

pigs that could result in damage or loss 

to C. hydrophilum var. hydrophilum 

colonies, or in soil disturbance and 

compaction, leading to a disruption in 

natural marsh ecosystem processes; (4) 

the proliferation of nonnative invasive 

plants, especially Lepidium latifolium, 

leading to the invasives outcompeting C. 

hydrophilum var. hydrophilum; and (5) 

programs for the control or removal of 

non-native invasive plants, which, if not 

conducted carefully, can damage C. 

hydrophilum var. hydrophilum 

populations through the injudicious 

application of herbicides, by direct 

trampling, or through the accidental 

transport of invasive plant seeds to new 

areas. An additional threat that may 

require special management 

considerations or protection of the PCEs 

in Units 1 and 2 includes urban or 

residential encroachment from Suisun 

City to the north that could increase 

stormwater and wastewater runoff into 

these units. 

Below we present brief descriptions of 

all units and the reasons why they 

contain essential features or are areas 

that are essential for the conservation of 

Cirsium hydrophilum var. hydrophilum. 

Each unit meets the description of PCE 

1 in its entirety. Each unit also includes 

large areas meeting the descriptions of 

PCEs 2 and 3. For further discussion of 

the PCEs, refer to ‘‘Primary Constituent 

Elements’’, above. 

Unit 1: Hill Slough Marsh 

Unit 1 consists of approximately 525 

ac (213 ha) located north of Potrero Hills 

between Grizzly Island Road and 

Highway 12. As discussed in ‘‘Criteria 

Used to Identify Critical Habitat for 

Cirsium hydrophilum var. 

hydrophilum’’ above, this unit is 

currently unoccupied and was 

unoccupied at the time of listing, but it 

is essential to the conservation of the 

subspecies because it is the single best 

area for establishment of an additional 

population (see response to Comment 

2). It contains all the necessary PCEs 

and is the subject of ongoing planning 

and restoration efforts within the Suisun 

Marsh. The unit consists of 

approximately 440 ac (178 ha) of Stateowned land (Hill Slough Wildlife Area), 

which is managed by the CDFG, and 85 

ac (35 ha) of privately owned land. The 

unit receives tidal inundations 

irregularly (not daily) (NWI 2005) from 

Hill Slough and a flood control channel 

along the western unit boundary. 


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Unit 2: Peytonia Slough Marsh 

Unit 2 consists of approximately 346 

ac (140 ha) of tidal marsh (PCE 1) 

located adjacent to Cordelia Road to the 

west, Suisun Slough to the east, 

Peytonia Slough to the south, and 

Suisun City to the north. The unit 

consists of approximately 192 ac (78 ha) 

of State-owned land (Peytonia Slough 

Ecological Reserve), which is managed 

by the CDFG, and 154 ac (62 ha) of 

privately owned high tidal marsh. 

Although the unit is bisected, north to 

south, by an elevated railroad line, 

much of the track is on trestle rather 

than berm, allowing tidal waters to 

reach both sides of the unit through 

Peytonia Slough and several smaller 

unnamed sloughs (NWI 2005; Vollmar 

2005a, pp. 2, 3, 5; Huffman 2006, p. 1). 

Because of this hydrological connection, 

we are treating designated habitat on 

both sides of the track as a single unit, 

rather than splitting it into two subunits 

as we did in the proposed designation. 

Cirsium hydrophilum var. hydrophilum 

occupied the unit at the time of listing 

as identified in the final listing rule (62 

FR 61916; November 20, 1997) and 

contains the features essential to the 

conservation of C. hydrophilum var. 

hydrophilum. 

Unit 3: Rush Ranch/Grizzly Island 

Wildlife Area 

Unit 3 consists of approximately 

1,181 ac (477 ha) of tidal marsh located 

adjacent to Suisun Slough to the west, 

Cutoff and Montezuma Sloughs to the 

south, and Potrero Hills to the North. 

This unit consists of 231 ac (93 ha) of 

State-owned land (the Joice Island 

portion of Grizzly Island Wildlife Area), 

which is managed by the CDFG, and 950 

ac (384 ha) of land owned by the Solano 

Land Trust (local nonprofit public land 

trust). Cirsium hydrophilum var. 

hydrophilum occupied the unit at the 

time of listing as identified in the final 

listing rule (62 FR 61916; November 20, 

1997) and contains the features essential 

to the conservation of C. hydrophilum 

var. hydrophilum. The unit receives 

regular tidal inundations at least once 

daily (NWI 2005) from the abovementioned tidal sloughs. Additional 

special management considerations or 

protection beyond the special 

management required for common 

threats, as discussed above, may be 

required to control the presence of 

Rhinocyllus conicus (a nonnative 

biological control weevil) or other planteating insects that could reduce the 

reproductive potential of C. 

hydrophilum var. hydrophilum. 

Cordylanthus mollis ssp. mollis 

We are designating five units as 

critical habitat for Cordylanthus mollis 

ssp. mollis in Contra Costa, Napa, and 

Solano Counties, California. The critical 

habitat areas described below constitute 

areas that contain the PCEs and that 

may require special management 

considerations or protection. The 

acreages of land ownership for units 

designated as critical habitat are listed 

in Table 3, and Table 4 indicates 

occupancy status for each unit. Contra 

Costa, Napa, and Solano Counties have 

approximately 22 ac (9 ha), 384 ac (156 

ha), and 1,870 ac (757 ha) of critical 

habitat, respectively. 

Common threats that may require 

special management considerations or 

protections of the PCEs for 

Cordylanthus mollis ssp. mollis in all 

five units include: (1) mosquito 

abatement activities (ditching, dredging, 

and chemical spray operations), which 

may damage the plants directly by 

trampling and soil disturbance, and 

indirectly by altering hydrologic 

processes and by providing relatively 

dry ground for additional foot and 

vehicular traffic; (2) general foot and offroad vehicle traffic through C. mollis 

ssp. mollis populations that could result 

in their damage and loss in impacted 

areas; (3) increases in the proliferation 

of nonnative invasive plants from 

human-induced soil disturbances 

leading to the invasives outcompeting C. 

mollis ssp. mollis; (4) control or removal 

of nonnative invasive plants, especially 

Lepidium latifolium, which, if not 

carefully managed, can damage C. 

mollis ssp. mollis populations through 

the injudicious application of 

herbicides, by direct trampling, or 

through the accidental transport of 

invasive plant seeds to new areas; and 

(5) presence of Lipographis fenestrella (a 

moth) larvae that could reduce the 

reproductive potential of C. mollis ssp. 

mollis through flower, fruit, and seed 

predation. 

Threats that may require special 

management considerations or 

protection in specific units include a 

large perennially flooded pond within 

the outer bounds of Unit 1 (but not itself 

designated) that presents a dispersal 

barrier to C. mollis ssp. mollis seeds and 

may serve as a propagule source for 

exotic invasive species. Threats specific 

to Units 2 and 4 in Suisun Marsh 

include: (1) alterations to channel water 

salinity and tidal regimes from the 

operation of the Suisun Marsh Salinity 

Control Gates that could affect the 

depth, duration, and frequency of tidal 

events and the degree of salinity in the 

channel water column; and (2) rooting, 

wallowing, trampling, and grazing 

impacts from livestock and feral pigs 

that could result in damage or loss to 

Cordylanthus mollis ssp. mollis 

populations or soil disturbance and 

compaction, leading to a disruption in 

natural marsh ecosystem processes. A 

threat that may require special 

management consideration or protection 

of the PCEs for C. mollis ssp. mollis in 

Units 3 and 5 is contamination from bay 

oil spills that could directly impact C. 

mollis ssp. mollis populations and seed 

banks. 

Below we present brief descriptions of 

all units and the reasons why they meet 

the definition of critical habitat for 

Cordylanthus mollis ssp. mollis. 

TABLE 3.—LAND OWNERSHIP OF CRITICAL HABITAT UNITS DESIGNATED FOR Cordylanthus Mollis SSP. Mollis 

[Area Estimates Reflect All Land Within Critical Habitat Boundaries, Acres (Hectares)] 

Unit State County or City Land Trust Private Total 

1. Fagan Slough Marsh ................................... 297.0 (120.2) 15.0 (6.1) (0.0) 72.0 (29.1) 384.0 (155.4) 

2. Hill Slough Marsh ........................................ 440.0 (178.1) (0.0) (0.0) 85.0 (34.4) 525.0 (212.5) 

3. Point Pinole Shoreline ................................. 9.0 (3.6) 13.0 (5.3) (0.0) (0.0) 22.0 (8.9) 

4. Rush Ranch/Grizzly Island Wildlife Area ..... 231.0 (93.5) (0.0) 950.0 (384.5) (0.0) 1,181.0 (477.9) 

5. Southampton Marsh .................................... 164.0 (66.4) (0.0) (0.0) (0.0) 164.0 (66.4) 

6. Peytonia Slough Marsh ............................... (0.0) (0.0) (0.0) (0.0) 0.0 (0.0) 

Total .......................................................... 1,141.0 (461.8) 28.0 (11.3) 950.0 (384.5) 157.0 (63.5) 2,276.0 (921.1) 


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TABLE 4.—OCCUPANCY BY CRITICAL HABITAT UNIT FOR Cordylanthus Mollis SSP. Mollis. 

Unit Occupied at 

time of listing? 

Currently 

Occupied Acres (Hectares) 

1. Fagan Slough Marsh ......................................................................................................... Yes Yes 384.0 (155.4) 

2. Hill Slough Marsh ............................................................................................................... Yes Yes 525.0 (212.5) 

3. Point Pinole Shoreline ....................................................................................................... Yes Yes 22.0 (8.9) 

4. Rush Ranch/Grizzly Island Wildlife Area ........................................................................... Yes Yes 1,181.0 (477.9) 

5. Southampton Marsh ........................................................................................................... Yes Yes 164.0 (66.4) 

2,276 (921) 

Unit 1: Fagan Slough Marsh (Napa 

County) 

Unit 1 consists of approximately 384 

ac (156 ha) located adjacent to the Napa 

River to the west, Napa County Airport 

to the east, Fagan Slough to the south, 

and Steamboat Slough to the north. This 

unit consists of 297 ac (120 ha) of Stateowned land (Fagan Slough Ecological 

Reserve), which is managed by the 

CDFG, 6 ac (2 ha) of county-owned land, 

9 ac (4 ha) of land owned by the City 

of Napa, and 72 ac (29 ha) of privately 

owned land. Cordylanthus mollis ssp. 

mollis occupied the unit at the time of 

listing as identified in the final listing 

rule (62 FR 61916; November 20, 1997) 

and contains the features essential to the 

conservation of C. mollis ssp. mollis. 

The unit receives tidal inundations 

regularly (NWI 2005) from the abovementioned tidal sloughs and the Napa 

River. 

Unit 2: Hill Slough Marsh (Solano 

County) 

Unit 2 for Cordylanthus mollis ssp. 

mollis consists of approximately 525 ac 

(213 ha) located north of Potrero Hills 

between Grizzly Island Road and 

Highway 12. The unit consists of 

approximately 440 ac (178 ha) of Stateowned land (Hill Slough Wildlife Area), 

which is managed by the CDFG, and 85 

ac (35 ha) of privately owned land. 

Cordylanthus mollis ssp. mollis 

occupied the unit at the time of listing 

as identified in the final listing rule (62 

FR 61916; November 20, 1997) and 

contains the features essential to the 

conservation of C. mollis ssp. mollis. 

The unit receives tidal inundations 

irregularly (not daily) (NWI 2005) from 

Hill Slough and a flood control channel 

along the western unit boundary. 

Unit 3: Point Pinole Shoreline (Contra 

Costa County) 

Unit 3 consists of approximately 22 ac 

(9 ha) located along the Contra Costa 

shoreline in San Pablo Bay just east of 

Point Pinole. This unit consists of 13 ac 

(5 ha) of County-owned land (Point 

Pinole Regional Shoreline Park), which 

is managed by the East Bay Regional 

Park District, and 9 ac (4 ha) of Stateowned land. Cordylanthus mollis ssp. 

mollis occupied the unit at the time of 

listing as identified in the final listing 

rule (62 FR 61916; November 20, 1997) 

and contains the features essential to the 

conservation of C. mollis ssp. mollis. 

The unit receives tidal inundations on 

a regular basis (NWI 2005) from natural 

and artificial (dredged) tidal channels 

within the unit. Additional special 

management considerations or 

protections beyond those discussed 

above may be required to minimize the 

impact of industrial or commercial 

encroachment from the south that could 

increase stormwater and wastewater 

runoff into the unit. 

Unit 4: Rush Ranch/Grizzly Island 

Wildlife Area (Solano County) 

Unit 4 for Cordylanthus mollis ssp. 

mollis consists of approximately 1,181 

ac (477 ha) located adjacent to Suisun 

Slough to the west, Cutoff and 

Montezuma Sloughs to the south, and 

Potrero Hills to the North. This unit 

consists of 231 ac (93 ha) of State-owned 

land (Joice Island portion of the Grizzly 

Island Wildlife Area), which is managed 

by the CDFG, and 950 ac (384 ha) of 

land owned and managed by the Solano 

Land Trust (local non-profit public land 

trust). Cordylanthus mollis ssp. mollis 

occupied the unit at the time of listing 

as identified in the final listing rule (62 

FR 61916; November 20, 1997) and 

contains the features essential to the 

conservation of C. mollis ssp. mollis. 

The unit receives tidal inundations 

regularly (at least once daily) (NWI 

2005) from the above-mentioned tidal 

sloughs). 

Unit 5: Southampton Marsh (Solano 

County) 

Unit 5 consists of approximately 164 

ac (66 ha) of State-owned land managed 

by the California Department of Parks 

and Recreation (CDPR) as a wetland 

natural preserve (CDPR 1991, p. 44). 

The unit is located in the Benicia State 

Recreational Area along Interstate 

Highway 780 and just northwest of the 

City of Benicia. Cordylanthus mollis 

ssp. mollis occupied the unit at the time 

of listing as identified in the final listing 

rule (62 FR 61916; November 20, 1997) 

and contains the features essential to the 

conservation of C. mollis ssp. mollis. 

The unit receives tidal inundations on 

a regular-to-irregular basis (NWI 2005) 

from natural and artificial (dredged) 

tidal channels within the unit. 

Additional special management 

considerations or protection of the PCEs 

beyond those discussed above may be 

required to minimize the impact of 

residential encroachment from the north 

that could increase stormwater and 

wastewater runoff into the unit. 

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 


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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 a 

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. 

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 

biological opinion for Federal actions 

that 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 

Cirsium hydrophilum var. hydrophilum, 

Cordylanthus mollis ssp. mollis, or their 

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 U.S. Army 

Corps of Engineers 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 the Cirsium 

hydrophilum var. hydrophilum, 

Cordylanthus mollis ssp. mollis, and 

their Critical Habitat 

Jeopardy Standard 

When performing jeopardy analyses 

for Cirsium hydrophilum var. 

hydrophilum and Cordylanthus mollis 

ssp. mollis, the Service applies an 

analytical framework that relies heavily 

on the importance of core area 

populations to the survival and recovery 

of the two plants. 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 C. hydrophilum var. 

hydrophilum and C. mollis ssp. mollis 

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 is used to complete 

section 7(a)(2) analyses for Federal 

actions affecting Cirsium hydrophilum 

var. hydrophilum’s and Cordylanthus 

mollis ssp. mollis’s 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 its intended 

conservation role for the species. 

Generally, the conservation role of the 

critical habitat units for the two plants 

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 


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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 Cirsium hydrophilum var. 

hydrophilum or Cordylanthus mollis 

ssp. mollis 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 

plants include, but are not limited to: 

(1) Actions that would degrade 

natural tidal hydrology in undiked high 

tidal marshes supporting Cirsium 

hydrophilum var. hydrophilum and 

Cordylanthus mollis ssp. mollis 

populations. Such actions could 

include, but are not limited to: the 

construction of new levees, tide gates, 

mosquito abatement ditches, flash board 

water control structures, or other marsh 

impoundment and drainage structures; 

urban flood control and channelization 

projects; and human-induced changes to 

natural saltwater and freshwater inflows 

into undiked high tidal marshes. These 

actions could limit the geomorphic 

processes associated with natural tidal 

channel networks; alter soil and water 

chemistry affecting the composition of 

tidal marsh plant communities; and 

reduce or eliminate the amount of area 

experiencing the full range of tidal 

inundations, especially in relation to 

potential local sea level rise. 

(2) Actions that would degrade or 

destroy Cirsium hydrophilum var. 

hydrophilum and Cordylanthus mollis 

ssp. mollis habitat. Such actions could 

include, but are not limited to, domestic 

and feral livestock impacts; 

unauthorized foot and off-road vehicle 

traffic; and agricultural, urban, and 

commercial developments. These 

actions could alter marsh ecosystem 

form and function by isolating and 

fragmenting tidal marsh habitat, leading 

to the further isolation of C. 

hydrophilum var. hydrophilum and C. 

mollis ssp. mollis populations; the 

introduction or encouragement of the 

spread and establishment of nonnative 

invasive plants; the increase of humaninduced erosion and sedimentation 

rates; the boost in trail development and 

usage that may impact species 

populations; and lower water quality 

because of an increase in stormwater 

and wastewater runoff. 

(3) Actions that would remove or 

destroy Cirsium hydrophilum var. 

hydrophilum and Cordylanthus mollis 

ssp. mollis plants. Such actions could 

include, but are not limited to: 

excavating, grading, plowing, mowing, 

burning, grazing, farming, or chemical 

spraying; unauthorized foot and off-road 

vehicle traffic; and the introduction of 

nonnative invasive plants in occupied, 

undiked high tidal marshes. 

(4) Actions completed by the U. S. 

Army Corps of Engineers (for example, 

under section 404 of the Clean Water 

Act of 1977 and under section 10 of the 

Rivers and Harbor Act of 1899), 

Environmental Protection Agency, and 

other Federal, State, or local regulatory 

agencies that would reduce the quantity 

and quality of undiked, high tidal marsh 

habitat supporting Cirsium hydrophilum 

var. hydrophilum and Cordylanthus 

mollis ssp. mollis populations. Such 

actions could include, but are not 

limited to: the construction of new 

levees, agricultural irrigation systems, 

boat ramps and docks, wharfs, marinas, 

bank revetments, permanent mooring 

structures, and aids to navigation; 

dredge and fill activities; roadway and 

highway projects (such as road 

widening and new road construction); 

unauthorized discharge of non-point 

source pollutants; stream and tidal 

channel alternations; and other waterdependent projects or activities. These 

actions could impact the intertidal 

wetland habitat and associated 

vegetation by lowering tidal marsh 

water quality, decreasing saltwater and 

freshwater inflows, and causing direct 

loss of tidal marshes through fill and 

removal activities. 

We consider all of the units 

designated as critical habitat, as well as 

those that were excluded, to contain 

features essential to the conservation of 

Cirsium hydrophilum var. hydrophilum 

and Cordylanthus mollis ssp. mollis. All 

units are within the geographic range of 

C. hydrophilum var. hydrophilum and 

C. mollis ssp. mollis, respectively, or 

were occupied by the subspecies at the 

time of listing, except for Unit 1 for C. 

hydrophilum var. hydrophilum, which 

is considered unoccupied by that 

subspecies. The same area is also 

designated as Unit 2 for C. mollis ssp. 

mollis, but it is occupied by that 

subspecies. All units are likely to be 

used by the plants except for Unit 1 

(Hill Slough Marsh) for C. hydrophilum 

var. hydrophilum. However, the Hill 

Slough Marsh area contains all the PCEs 

for the species and has been identified 

as an area with high restoration 

potential. Federal agencies already 

consult with us on activities in areas 

currently occupied by the plants, or if 

the species may be affected by the 

action, to ensure that their actions do 

not jeopardize the continued existence 

of the subspecies. 

Application of Section 4(a)(3) and 

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

Act 

There are multiple ways to provide 

management for species habitat. 

Statutory and regulatory frameworks 

that exist at a local level can provide 

such protection and management, as can 

lack of pressure for change, such as 

areas too remote for anthropogenic 

disturbance. Finally, State, local, or 

private management plans as well as 

management under Federal agencies’

jurisdictions can provide protection and 

management to avoid the need for 

designation of critical habitat. When we 

consider a plan to determine its 

adequacy in protecting habitat, we 

consider whether the plan, as a whole, 

will provide the same level of protection 

that designation of critical habitat 

would provide. The plan need not lead 

to exactly the same result as a critical 

habitat designation in every individual 

application, as long as the protection it 

provides is equivalent, overall. In 

making this determination, we examine 

whether the plan provides management, 

protection, or enhancement of the PCEs 

that is at least equivalent to that 

provided by a critical habitat 

designation, and whether there is a 

reasonable expectation that the 

management, protection, or 

enhancement actions will continue into 

the foreseeable future. Each review is 

particular to the species and the plan, 

and some plans may be adequate for 

some species and inadequate for others. 

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 Secretary is afforded broad 

discretion, and the Congressional record 

is clear that in making a determination 

under the section the Secretary has 

discretion as to which factors and how 

much weight will be given to any factor. 


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Under section 4(b)(2), in considering 

whether to exclude a particular area 

from the designation, we must identify 

the benefits of including the area in the 

designation, identify the benefits of 

excluding the area from the designation, 

determine whether the benefits of 

exclusion outweigh the benefits of 

inclusion. If an exclusion is 

contemplated, then we must determine 

whether excluding the area would result 

in the extinction of the species. In the 

following sections, we address a number 

of general issues that are relevant to the 

exclusions we considered. 

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, and 

wetland protection, enhancement, and 

restoration where necessary to support 

fish and wildlife and enforcement of 

applicable natural resource laws. 

The National Defense Authorization 

Act for Fiscal Year 2004 (Public Law 

No. 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.’’

We consult with the military on the 

development and implementation of 

INRMPs for installations with listed 

species. INRMPs developed by military 

installations located within the range of 

the critical habitat designation for 

Cordylanthus mollis ssp. mollis were 

analyzed for non-inclusion under the 

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

Based on the above considerations 

and information discussed in the 

proposed designation (71 FR 18456; FR 

April 11, 2006), and in accordance with 

section 4(a)(3)(B)(i) of the Act, we have 

determined that the conservation efforts 

identified in the INRMP for Concord 

Naval Weapons Station will provide 

benefits to Cordylanthus mollis ssp. 

mollis occurring in habitats within or 

adjacent to Concord Naval Weapons 

Station. Approximately 402 ac (163 ha) 

of habitat for Cordylanthus mollis ssp. 

mollis is not included in this critical 

habitat designation. Therefore, we are 

not including critical habitat for C. 

mollis ssp. mollis on this installation 

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

Relationship of Critical Habitat to NonEconomic and Economic Impacts – 

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

Act 

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

after determining critical habitat on the 

basis of the best scientific data, we must 

consider relevant impacts of such a 

designation including economic 

impacts. We have determined that the 

lands within the designation of critical 

habitat for Cirsium hydrophilum var. 

hydrophilum and Cordylanthus mollis 

ssp. mollis are not owned or managed 

by the Department of Defense, do not 

include any Tribal lands or trust 

resources, and are not covered by 

current habitat conservation plans or 

similar management plans or 

conservation partnerships. Designated 

areas within the Suisun Marsh are 

protected by the Suisun Marsh 

Protection Plan, but the plan does not 

focus on these particular endangered 

plants, or on the specific areas 

designated. Designation is also unlikely 

to lessen the benefits of the Protection 

Plan, so there is no benefit to the species 

of excluding the area covered by that 

plan. An additional management plan 

for the Suisun Marsh area, called the 

Suisun Marsh Habitat Management, 

Preservation, and Restoration Plan 

(SMHMP) is currently being developed, 

but is not sufficiently complete to 

support exclusion of Suisun Marsh 

areas from critical habitat designation. 

We anticipate no impact to national 

security, Tribal lands, partnerships, or 

habitat conservation plans from this 

critical habitat designation. Based on 

the best available information including 

the prepared economic analysis, we 

believe that all of these units contain the 

features that are essential for the 

conservation of this species and that the 

single unit that was unoccupied by the 

species at time of listing (Unit 1, Hill 

Slough, for C. hydrophilum var. 

hydrophilum) is essential for the 

conservation of the subspecies. Our 

economic analysis indicates an overall 

low cost resulting from the designation. 

Therefore, we have found no areas for 

which the benefits of exclusion 

outweigh the benefits of inclusion, and 

so have not excluded any areas from 

this designation of critical habitat for 

Cirsium hydrophilum var. hydrophilum 

and Cordylanthus mollis ssp. mollis 

based on economic or other impacts. As 

such, we have considered, but not 

excluded, any lands from this 

designation based on the potential 

impacts to these factors. 

Economic Analysis 

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

to designate critical habitat on the basis 

of the best scientific information 

available and to consider the economic 

and other relevant impacts of 

designating a particular area as critical 

habitat. We may exclude areas from 

critical habitat upon a determination 

that the benefits of such exclusions 

outweigh the benefits of specifying such 

areas as critical habitat. We cannot 

exclude such areas from critical habitat 

when such exclusion will result in the 

extinction of the species concerned. 

After publication of the proposed 

critical habitat designation, we 

announced the availability of draft 

economic analysis that estimated the 

potential economic effect of the 

designation. The draft analysis was 

made available for public review and 

comment on November 20, 2006 (71 FR 

67089). We accepted comments on the 

draft analysis until December 20, 2006. 

We did not receive any comments on 

the draft economic analysis. 

The primary purpose of the economic 

analysis is to estimate the potential 

economic impacts associated with the 

designation of critical habitat for 

Cirsium hydrophilum var. hydrophilum 

and Cordylanthus mollis ssp.mollis. 

This information is intended to assist 

the Secretary in making decisions about 

whether the benefits of excluding 

particular areas from the designation 

outweigh the benefits of including those 

areas in the designation based on 

potential economic impacts of the 

regulation under consideration. This 

economic analysis considers the 

economic efficiency effects that may 

result from the designation, including 

habitat protections that may be coextensive with the listing of the species. 

It also addresses distribution of impacts, 

including an assessment of the potential 

effects on small entities and the energy 

industry. This information can be used 


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by the Secretary to assess whether the 

effects of the designation might unduly 

burden a particular group or economic 

sector. 

This analysis focuses on the direct 

and indirect costs of the rule. However, 

economic impacts to land use activities 

can exist in the absence of critical 

habitat. These impacts may result from, 

for example, local zoning laws, State 

and natural resource laws, and 

enforceable management plans and best 

management practices applied by other 

State and Federal agencies. 

The November 20, 2006, notice (71 FR 

67089) provides a detailed economics 

section based on a draft economic 

analysis, and the slightly revised 

economic analysis dated December 27, 

2006, estimates an economic cost of $1.7 

million in undiscounted dollars 

associated with the designation, spread 

over 2006 to 2025. At 3 percent 

discount, the estimated costs would be 

$1,476,829 ($96,375 annualized); at 7 

percent discount, the estimated costs 

would be $1,305,024 ($115,126 

annualized). 

Costs were broken down by 

management actions deemed necessary 

to address a particular threat to 

recovery, without regard for whether 

such actions would be required by 

critical habitat. The highest costs were 

associated with projected efforts to 

prevent damage to the plants resulting 

from human foot and off-road vehicle 

traffic, and from cattle and feral pigs. 

The analysis also did not find likely any 

impacts to the energy industry, or 

significant impacts to small businesses. 

We evaluated the potential economic 

impact of this designation as identified 

in the draft analysis. Based on this 

evaluation, we believe that there are no 

disproportionate economic impacts that 

warrant exclusion pursuant to section 

4(b)(2) of the Act at this time. 

A copy of the economic analysis with 

supporting documents may be obtained 

by contacting the U.S. Fish and Wildlife 

Service, Sacramento Fish and Wildlife 

Office (see FOR FURTHER INFORMATION

CONTACT). 

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 will not 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. As explained above, 

we prepared an economic analysis of 

this action. We used this analysis to 

meet the requirement of section 4(b)(2) 

of the Act to determine the economic 

consequences of designating the specific 

areas as critical habitat. We also used it 

to help determine whether to exclude 

any area from critical habitat, as 

provided for under section 4(b)(2). We 

evaluated the potential economic 

impact of this designation as identified 

in the draft analysis. Based on this 

evaluation, we believe that there are no 

disproportionate economic impacts that 

warrant exclusion pursuant to section 

4(b)(2) of the Act at this time. 

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

et seq.) 

Under the Regulatory Flexibility Act 

(RFA) (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 effect of the rule on small 

entities (i.e., small businesses, small 

organizations, and small government 

jurisdictions). However, no regulatory 

flexibility analysis is required if the 

head of an agency certifies the rule will 

not have a significant economic impact 

on a substantial number of small 

entities. The SBREFA amended the RFA 

to require Federal agencies to provide a 

statement of factual basis for certifying 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. The SBREFA 

also amended the RFA to require a 

certification statement. 

Small entities include small 

organizations, such as independent 

nonprofit organizations; small 

governmental jurisdictions, including 

school boards and city and town 

governments that serve fewer than 

50,000 residents; as well as small 

businesses. Small businesses include 

manufacturing and mining concerns 

with fewer than 500 employees, 

wholesale trade entities with fewer than 

100 employees, retail and service 

businesses with less than $5 million in 

annual sales, general and heavy 

construction businesses with less than 

$27.5 million in annual business, 

special trade contractors doing less than 

$11.5 million in annual business, and 

agricultural businesses with annual 

sales less than $750,000. To determine 

if potential economic impacts to these 

small entities are significant, we 

consider the types of activities that 

might trigger regulatory impacts under 

this rule, as well as the types of project 

modifications that may result. In 

general, the term ‘‘significant economic 

impact’’ is meant to apply to a typical 

small business firm’s business 

operations. 

To determine if the rule could 

significantly affect a substantial number 

of small entities, we consider the 

number of small entities affected within 

particular types of economic activities 

(e.g., housing development, grazing, oil 

and gas production, timber harvesting). 

We apply the ‘‘substantial number’’ test 

individually to each industry to 

determine if certification is appropriate. 

However, the SBREFA does not 

explicitly define ‘‘substantial number’’

or ‘‘significant economic impact.’’

Consequently, to assess whether a 

‘‘substantial number’’ of small entities is 

affected by this designation, this 

analysis considers the relative number 

of small entities likely to be impacted in 

an area. In some circumstances, 

especially with critical habitat 

designations of limited extent, we may 

aggregate across all industries and 

consider whether the total number of 

small entities affected is substantial. In 

estimating the number of small entities 

potentially affected, we also consider 

whether their activities have any 

Federal involvement. 

Designation of critical habitat only 

affects activities conducted, funded, or 

permitted by Federal agencies. Some 

kinds of activities are unlikely to have 

any Federal involvement and so will not 

be affected by critical habitat 

designation. In areas where the species 

is present, Federal agencies already are 

required to consult with us under 

section 7 of the Act on activities they 

fund, permit, or implement that may 

affect Cirsium hydrophilum var. 

hydrophilum or Cordylanthus mollis 

ssp. mollis. Federal agencies also must 

consult with us if their activities may 

affect critical habitat. Designation of 

critical habitat, therefore, could result in 

an additional economic impact on small 

entities due to the requirement to 

reinitiate consultation for ongoing 

Federal activities. 

The designation of critical habitat for 

Cirsium hydrophilum var. hydrophilum 

and Cordylanthus mollis ssp. mollis is 

not expected to result in significant 

small business impacts since revenue 

losses would be less than 1 percent of 

total small business revenues in affected 

areas. The impacts on small business, 

small governments, and small 

nonprofits are expected to be negligible. 

The annual number of affected small 

firms is two or less for all three counties 

examined. Consequently, less than one 

small firm is projected to have annual 

revenue losses equal to their expected 


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annual revenues as a consequence of 

critical habitat designation. 

In general, two different mechanisms 

in section 7 consultations could lead to 

additional regulatory requirements for 

the approximately two small businesses, 

on average, that may be required to 

consult with us each year regarding 

their project’s impact on Cirsium 

hydrophilum var. hydrophilum, 

Cordylanthus mollis ssp. mollis or their 

habitat. First, if we conclude, in a 

biological opinion, that a proposed 

action is likely to jeopardize the 

continued existence of a species or 

adversely modify its critical habitat, we 

can offer ‘‘reasonable and prudent 

alternatives.’’ Reasonable and prudent 

alternatives are alternative actions that 

can be implemented in a manner 

consistent with the scope of the Federal 

agency’s legal authority and 

jurisdiction, that are economically and 

technologically feasible, and that would 

avoid jeopardizing the continued 

existence of listed species or result in 

adverse modification of critical habitat. 

A Federal agency and an applicant may 

elect to implement a reasonable and 

prudent alternative associated with a 

biological opinion that has found 

jeopardy or adverse modification of 

critical habitat. An agency or applicant 

could alternatively choose to seek a 

statutory exemption from the 

requirements of the Act or proceed 

without implementing the reasonable 

and prudent alternative. However, 

unless an exemption were obtained, the 

Federal agency or applicant would be at 

risk of violating section 7(a)(2) of the 

Act if it chose to proceed without 

implementing the reasonable and 

prudent alternatives. 

Second, if we find that a proposed 

action is not likely to jeopardize the 

continued existence of a listed animal or 

plant species, we may identify 

reasonable and prudent measures 

designed to minimize the amount or 

extent of take and require the Federal 

agency or applicant to implement such 

measures through non-discretionary 

terms and conditions. We may also 

identify discretionary conservation 

recommendations designed to minimize 

or avoid the adverse effects of a 

proposed action on listed species or 

critical habitat, help implement 

recovery plans, or to develop 

information that could contribute to the 

recovery of the species. 

Based on our experience with 

consultations pursuant to section 7 of 

the Act for all listed species, virtually 

all projects—including those that, in 

their initial proposed form, would result 

in jeopardy or adverse modification 

determinations in section 7 

consultations—can be implemented 

successfully with, at most, the adoption 

of reasonable and prudent alternatives. 

These measures, by definition, must be 

economically feasible and within the 

scope of authority of the Federal agency 

involved in the consultation. We can 

only describe the general kinds of 

actions that may be identified in future 

reasonable and prudent alternatives. 

These are based on our understanding of 

the needs of the species and the threats 

it faces, as described in the final listing 

rule and this critical habitat designation. 

Within the final critical habitat units, 

the types of Federal actions or 

authorized activities that we have 

identified as potential concerns are: 

(1) Regulation of activities affecting 

waters of the United States by the Corps 

under section 404 of the Clean Water 

Act; 

(2) Regulation of water flows, 

damming, diversion, and channelization 

implemented or licensed by Federal 

agencies; 

(3) Road construction and 

maintenance, right-of-way designation, 

and regulation of agricultural activities; 

(4) Hazard mitigation and postdisaster repairs funded by the FEMA; 

and 

(5) Activities funded by the EPA, U.S. 

Department of Energy, or any other 

Federal agency. 

It is likely that a developer or other 

project proponent could modify a 

project or take measures to protect 

Cirsium hydrophilum var. hydrophilum 

and Cordylanthus mollis ssp. mollis. 

The kinds of actions that may be 

included if future reasonable and 

prudent alternatives become necessary 

include conservation set-asides, 

management of competing nonnative 

species, restoration of degraded habitat, 

and regular monitoring. These are based 

on our understanding of the needs of the 

species and the threats it faces, as 

described in the final listing rule and 

proposed critical habitat designation. 

These measures are not likely to result 

in a significant economic impact to 

project proponents. 

In summary, we have considered 

whether this would result in a 

significant economic effect on a 

substantial number of small entities. We 

have determined, for the above reasons 

and based on currently available 

information, that it is not likely to affect 

a substantial number of small entities. 

Federal involvement, and thus section 7 

consultations, would be limited to a 

subset of the area designated. The most 

likely Federal involvement could 

include U.S. Army Corps of Engineers 

permits, permits we may issue under 

section 10(a)(1)(B) of the Act, and 

Federal Highway Administration 

funding for road improvements. 

Therefore, for the above reasons and 

based on currently available 

information, we certify that the rule will 

not have a significant economic impact 

on a substantial number of small 

entities, and a regulatory flexibility 

analysis is not required. 

Small Business Regulatory Enforcement 

Fairness Act (5 U.S.C 801 et seq.) 

Under SBREFA, this rule is not a 

major rule. Our detailed assessment of 

the economic effects of this designation 

is described in the economic analysis. 

Based on the effects identified in the 

economic analysis, we believe that this 

rule will not have an annual effect on 

the economy of $100 million or more, 

will not cause a major increase in costs 

or prices for consumers, and will not 

have significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. Refer to 

the final economic analysis for a 

discussion of the effects of this 

determination (see FOR FURTHER 

INFORMATION CONTACT for 

information on obtaining a copy of the 

final economic analysis). 

Energy Supply, Distribution or Use (E.O. 

13211) 

On May 18, 2001, the President issued 

Executive Order 13211 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. This final 

rule to designate critical habitat for 

Cirsium hydrophilum var. hydrophilum 

and Cordylanthus mollis ssp. mollis is 

not expected to significantly affect 

energy supplies, distribution, or use. 

Therefore, this action is not a significant 

energy action and no Statement of 

Energy Effects is required. 

Unfunded Mandates Reform Act (2 

U.S.C. 1501 et seq.) 

In accordance with the Unfunded 

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

seq.), we make the following findings: 

(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 


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‘‘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 nonFederal entities who receive Federal 

funding, assistance, permits or 

otherwise require approval or 

authorization from a Federal agency for 

an action may be indirectly impacted by 

the designation of critical habitat, the 

legally binding duty to avoid 

destruction or adverse modification of 

critical habitat rests squarely on the 

Federal agency. Furthermore, to the 

extent that non-Federal entities are 

indirectly impacted because they 

receive Federal assistance or participate 

in a voluntary Federal aid program, the 

Unfunded Mandates Reform Act would 

not apply, nor would critical habitat 

shift the costs of the large entitlement 

programs listed above on to State 

governments. 

(b) We do not believe that this rule 

will significantly or uniquely affect 

small governments because it will not 

produce a Federal mandate of $100 

million or greater in any year, that is, it 

is not a ‘‘significant regulatory action’’

under the Unfunded Mandates Reform 

Act. The designation of critical habitat 

imposes no obligations on State or local 

governments. As such, Small 

Government Agency Plan is not 

required. 

Takings (E.O. 12630) 

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 2,621 ac 

(1,061 ha) of lands in Contra Costa, 

Napa, and Solano counties, California as 

critical habitat for the Cirsium 

hydrophilum var. hydrophilum and 

Cordylanthus mollis ssp. mollis in a 

takings implication assessment. The 

takings implications assessment 

concludes that this final designation of 

critical habitat does not pose significant 

takings implications for lands within or 

affected by the designation. 

Federalism (E.O. 13132) 

In accordance with Executive Order 

13132 (Federalism), the rule does not 

have significant Federalism effects. A 

Federalism assessment is not required. 

In keeping with DOI and Department of 

Commerce policy, we requested 

information from, and coordinated 

development of, this final critical 

habitat designation with appropriate 

State resource agencies in California. 

The designation of critical habitat for 

Cirsium hydrophilum var. hydrophilum 

or Cordylanthus mollis ssp. mollis may 

impose nominal additional regulatory 

restrictions to those currently in place 

and, therefore, may have an incremental 

impact on State and local governments 

and their activities. The designation 

may have some benefit to these 

governments in that the areas that 

contain the features essential to the 

conservation of the species are more 

clearly defined, and the primary 

constituent elements of the habitat 

necessary to the conservation of the 

species are specifically identified. While 

making this definition and 

identification does not alter where and 

what federally sponsored activities may 

occur, it may assist these local 

governments in long-range planning 

(rather than waiting for case-by-case 

section 7 consultations to occur). 

Civil Justice Reform (E.O. 12988) 

In accordance with Executive Order 

12988 (Civil Justice Reform), 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 are designating critical habitat in 

accordance with the provisions of the 

Endangered Species Act. This final rule 

uses standard property descriptions and 

identifies the primary constituent 

elements within the designated areas to 

assist the public in understanding the 

habitat needs of Cirsium hydrophilum 

var. hydrophilum and Cordylanthus 

mollis ssp. mollis. 

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 

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

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 

position has been sustained by the U.S. 

Court of Appeals for the Ninth Circuit 

Court (Douglas County v. Babbitt, 48 

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

denied 116 S. Ct. 698 (1996)). 

Government-to-Government 

Relationship With Indian Tribes (E.O. 

13175) 

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 supporting Cirsium hydrophilum 

var. hydrophilum’s or Cordylanthus 

mollis ssp. mollis’s habitat that meets 

the definition of critical habitat. 

Therefore, critical habitat for C. 

hydrophilum var. hydrophilum or C. 

mollis ssp. mollis has not been 

designated on Tribal lands. 

References Cited 

A complete list of all references cited 

in this rulemaking is available upon 

request from the Field Supervisor, 


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Sacramento Fish and Wildlife Office 

(see FOR FURTHER INFORMATION 

CONTACT). 

Author(s) 

The primary authors of this notice are 

staff of the Sacramento Fish and 

Wildlife Office (see FOR FURTHER 

INFORMATION CONTACT). 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Regulation Promulgation 

■ Accordingly, we amend part 17, 

subchapter B of chapter I, title 50 of the 

Code of Federal Regulations, as set forth 

below: 

PART 17—[AMENDED] 

■ 1. The authority citation for part 17 

continues to read as follows: 

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

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

625, 100 Stat. 3500; unless otherwise noted. 

■ 2. In § 17.12(h), revise the entries for 

Cirsium hydrophilum var. hydrophilum 

and Cordylanthus mollis ssp. mollis 

under ‘‘FLOWERING PLANTS’’ to read 

as follows: 

§ 17.12 Endangered and threatened plants. 

* * * * * 

(h) * * * 

* * * * * 

Species 

Scientific Name 

Species 

Common Name Historic Range Family Status When Listed 

Critical 

Habitat 

Special 

Rules 

* * * * * * * 

FLOWERING PLANTS 

* * * * * * * 

Cirsium hydrophilum 

var. hydrophilum 

Suisun thistle U.S.A. (CA) Asteraceae E 627 17.96 (a) NA 

* * * * * * * 

Cordylanthus 

mollis ssp. mollis 

Soft bird’s-beak U.S.A. (CA) Scrophulariaceae E 627 17.96 (a) NA 

* * * * * * * 

* * * * * 

■ 3. Amend § 17.96(a), by adding an 

entry for Cirsium hydrophilum var. 

hydrophilum (Suisun thistle) in 

alphabetical order under family 

Asteraceae and an entry for 

Cordylanthus mollis ssp. mollis (soft 

bird’s-beak) under family 

Scrophulariaceae to read as follows: 

§ 17.96 Critical Habitat – plants. 

(a) Flowering plants. 

* * * * * 

Family Asteraceae: Cirsium 

hydrophilum var. hydrophilum (Suisun 

thistle) 

(1) Critical habitat units are depicted 

for Solano County, California, on the 

maps below. 

(2) The primary constituent elements 

of critical habitat for Cirsium 

hydrophilum var. hydrophilum are: 

(i) Persistent emergent, intertidal, 

estuarine wetland at or above the mean 

high-water line (as extended directly 

across any intersecting channels); 

(ii) Open channels that periodically 

contain moving water with oceanderived salts in excess of 0.5 percent; 

and 

(iii) Gaps in surrounding vegetation to 

allow for seed germination and growth. 

(3) Critical habitat does not include 

manmade structures (such as buildings, 

aqueducts, runways, roads, and other 

paved areas) and the land on which they 

are located existing within the legal 

boundaries on the effective date of this 

rule. 

(4) Critical habitat map units. Data 

layers defining Solano County map 

units were created on a base map using 

CDWR color mosaic 1:9,600 scale digital 

aerial photographs for Suisun Bay 

captured June 16, 2003 (CDFG 2005c). 

Critical habitat units were then mapped 

using Universal Transverse Mercator 

(UTM) zone 10, North American Datum 

(NAD) 1983 coordinates. 

(5) Note: Index Maps for Cirsium 

hydrophilum var. hydrophilum (Map 1) 

follows: 

BILLING CODE 4310–55–S 


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BILLING CODE 4310–55–C 


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(6) Unit 1 for Cirsium hydrophilum 

var. hydrophilum: Hill Slough Marsh, 

Solano County, California. 

(i) Land bounded by the following 

UTM zone 10, NAD 1983 coordinates (E, 

N): 586821, 4231248; 586825, 4231260; 

586834, 4231272; 586848, 4231278; 

586868, 4231280; 586930, 4231305; 

586934, 4231417; 586934, 4231457; 

586933, 4231517; 586936, 4231569; 

586931, 4231638; 586933, 4231730; 

586930, 4231824; 586927, 4231988; 

586932, 4232511; 586935, 4232541; 

587032, 4232539; 587031, 4232513; 

587025, 4232474; 587022, 4232447; 

587028, 4232423; 587045, 4232382; 

587207, 4232226; 587186, 4232194; 

587189, 4232174; 587211, 4232155; 

587232, 4232152; 587246, 4232165; 

587275, 4232169; 587294, 4232159; 

587307, 4232136; 587314, 4232107; 

587310, 4232094; 587350, 4232087; 

587391, 4232079; 587427, 4232061; 

587470, 4232043; 587490, 4232041; 

587513, 4232049; 587544, 4232041; 

587602, 4232017; 587641, 4231995; 

587689, 4231981; 587738, 4231977; 

587763, 4231981; 587776, 4231987; 

587790, 4231996; 587803, 4232008; 

587814, 4232019; 587826, 4232031; 

587844, 4232043; 587859, 4232051; 

587882, 4232067; 587897, 4232078; 

587933, 4232080; 587944, 4232075; 

587951, 4232066; 587957, 4232059; 

587985, 4232048; 588000, 4232042; 

588016, 4232041; 588028, 4232043; 

588041, 4232044; 588050, 4232058; 

588051, 4232075; 588048, 4232095; 

588055, 4232133; 588083, 4232223; 

588094, 4232243; 588105, 4232252; 

588114, 4232256; 588124, 4232254; 

588136, 4232249; 588141, 4232237; 

588137, 4232225; 588132, 4232212; 

588149, 4232197; 588157, 4232186; 

588162, 4232179; 588182, 4232158; 

588195, 4232146; 588218, 4232130; 

588228, 4232126; 588241, 4232122; 

588245, 4232122; 588255, 4232141; 

588259, 4232149; 588270, 4232160; 

588277, 4232165; 588284, 4232175; 

588287, 4232187; 588287, 4232197; 

588290, 4232212; 588295, 4232222; 

588306, 4232225; 588311, 4232235; 

588316, 4232250; 588324, 4232254; 

588334, 4232254; 588340, 4232249; 

588339, 4232240; 588333, 4232226; 

588333, 4232216; 588336, 4232206; 

588345, 4232198; 588353, 4232189; 

588360, 4232187; 588379, 4232192; 

588390, 4232198; 588452, 4232235; 

588471, 4232243; 588492, 4232242; 

588511, 4232234; 588530, 4232208; 

588547, 4232165; 588556, 4232147; 

588566, 4232134; 588574, 4232126; 

588583, 4232120; 588601, 4232110; 

588612, 4232108; 588611, 4232115; 

588610, 4232136; 588651, 4232135; 

588671, 4232140; 588699, 4232155; 

588721, 4232161; 588740, 4232164; 

588767, 4232164; 588782, 4232165; 

588804, 4232167; 588849, 4232173; 

588861, 4232168; 588872, 4232160; 

588883, 4232160; 588895, 4232156; 

588905, 4232149; 588912, 4232139; 

588942, 4232080; 588952, 4232058; 

588960, 4232026; 588977, 4231960; 

588981, 4231923; 589001, 4231852; 

589003, 4231845; 589000, 4231842; 

588992, 4231841; 588981, 4231837; 

588977, 4231835; 588974, 4231830; 

588978, 4231820; 588984, 4231809; 

588977, 4231793; 588953, 4231768; 

588939, 4231787; 588924, 4231794; 

588893, 4231818; 588880, 4231823; 

588863, 4231824; 588851, 4231825; 

588836, 4231820; 588792, 4231774; 

588775, 4231776; 588755, 4231773; 

588721, 4231762; 588681, 4231743; 

588675, 4231734; 588658, 4231722; 

588638, 4231713; 588608, 4231699; 

588595, 4231652; 588586, 4231603; 

588608, 4231581; 588641, 4231569; 

588656, 4231552; 588668, 4231537; 

588677, 4231521; 588681, 4231502; 

588676, 4231467; 588666, 4231440; 

588657, 4231437; 588636, 4231428; 

588608, 4231424; 588601, 4231422; 

588598, 4231419; 588602, 4231403; 

588611, 4231373; 588614, 4231342; 

588624, 4231331; 588638, 4231321; 

588641, 4231314; 588645, 4231281; 

588656, 4231238; 588701, 4231195; 

588736, 4231180; 588803, 4231181; 

588814, 4231181; 588824, 4231184; 

588831, 4231190; 588882, 4231194; 

589011, 4231195; 589145, 4231191; 

589186, 4231192; 589193, 4231199; 

589203, 4231197; 589210, 4231196; 

589217, 4231201; 589230, 4231205; 

589240, 4231206; 589250, 4231196; 

589261, 4231192; 589310, 4231190; 

589309, 4231065; 589323, 4231065; 

589325, 4231164; 589331, 4231171; 

589351, 4231176; 589380, 4231174; 

589408, 4231167; 589424, 4231166; 

589433, 4231174; 589444, 4231178; 

589460, 4231176; 589475, 4231167; 

589481, 4231152; 589485, 4231143; 

589432, 4231067; 589400, 4231023; 

589353, 4230961; 589338, 4230944; 

589333, 4230940; 589328, 4230941; 

589323, 4230944; 589320, 4230949; 

589322, 4231051; 589308, 4231051; 

589309, 4230996; 589305, 4230988; 

589291, 4230981; 589215, 4230998; 

589155, 4231004; 589115, 4230996; 

589050, 4230984; 588997, 4230950; 

588946, 4230926; 588913, 4230919; 

588884, 4230915; 588844, 4230911; 

588806, 4230912; 588782, 4230916; 

588738, 4230927; 588719, 4230936; 

588685, 4230942; 588651, 4230957; 

588590, 4230978; 588547, 4230994; 

588435, 4231007; 588395, 4231011; 

588361, 4231016; 588338, 4231022; 

588297, 4231039; 588261, 4231055; 

588226, 4231074; 588198, 4231091; 

588178, 4231101; 588158, 4231102; 

588135, 4231100; 588111, 4231098; 

588063, 4231103; 588046, 4231107; 

588028, 4231119; 587998, 4231130; 

587978, 4231131; 587961, 4231124; 

587948, 4231111; 587849, 4231089; 

587852, 4231100; 587855, 4231118; 

587851, 4231133; 587846, 4231150; 

587842, 4231164; 587836, 4231167; 

587823, 4231172; 587810, 4231175; 

587796, 4231182; 587785, 4231200; 

587777, 4231220; 587753, 4231255; 

587742, 4231264; 587720, 4231266; 

587707, 4231261; 587698, 4231249; 

587696, 4231235; 587691, 4231183; 

587646, 4231135; 587593, 4231083; 

587561, 4231076; 587537, 4231070; 

587516, 4231072; 587504, 4231078; 

587490, 4231079; 587452, 4231086; 

587416, 4231075; 587349, 4231070; 

587323, 4231070; 587310, 4231073; 

587266, 4231097; 587248, 4231099; 

587223, 4231093; 587177, 4231085; 

587134, 4231087; 587114, 4231097; 

587090, 4231120; 587062, 4231140; 

587037, 4231141; 587003, 4231126; 

586984, 4231120; 586963, 4231121; 

586948, 4231123; 586939, 4231125; 

586932, 4231138; 586944, 4231161; 

586943, 4231180; 586935, 4231197; 

586919, 4231215; 586896, 4231226; 

586882, 4231229; 586868, 4231222; 

586848, 4231217; 586830, 4231226; 

586823, 4231235; 586821, 4231248. 

(ii) Note: Map of Unit 1 for Cirsium 

hydrophilum var. hydrophilum is 

depicted on Map 2 in paragraph (8)(ii) 

of this entry. 

(7) Unit 2 for Cirsium hydrophilum 

var. hydrophilum: Peytonia Slough 

Marsh, Solano County, California. 

(i) Land bounded by the following 

UTM zone 10, NAD 1983 coordinates (E, 

N): 582704, 4231361; 582681, 4231360; 

582655, 4231364; 582636, 4231367; 

582606, 4231377; 582583, 4231379; 

582557, 4231382; 582549, 4231387; 

582545, 4231395; 582540, 4231408; 

582536, 4231420; 582532, 4231426; 

582524, 4231430; 582515, 4231434; 

582504, 4231436; 582488, 4231439; 

582480, 4231438; 582473, 4231436; 

582472, 4231433; 582471, 4231429; 

582469, 4231414; 582469, 4231396; 

582470, 4231385; 582468, 4231383; 

582465, 4231382; 582434, 4231390; 

582400, 4231403; 582364, 4231411; 

582344, 4231413; 582331, 4231414; 

582345, 4231454; 582366, 4231508; 

582370, 4231512; 582378, 4231515; 

582393, 4231534; 582400, 4231547; 

582407, 4231550; 582443, 4231547; 

582476, 4231550; 582495, 4231552; 

582503, 4231557; 582510, 4231563; 

582528, 4231582; 582539, 4231595; 

582551, 4231603; 582583, 4231619; 

582626, 4231641; 582670, 4231672; 

582692, 4231693; 582782, 4231782; 


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582830, 4231815; 582844, 4231832; 

582850, 4231841; 582855, 4231856; 

582856, 4231870; 582862, 4231878; 

582878, 4231888; 582939, 4231915; 

582970, 4231937; 583129, 4232108; 

583148, 4232140; 583164, 4232175; 

583284, 4232365; 583293, 4232377; 

583305, 4232384; 583319, 4232387; 

583333, 4232386; 583349, 4232377; 

583371, 4232350; 583391, 4232315; 

583398, 4232298; 583402, 4232278; 

583404, 4232254; 583404, 4232238; 

583403, 4232218; 583401, 4232207; 

583396, 4232181; 583349, 4232056; 

583284, 4231895; 583291, 4231882; 

583260, 4231794; 583195, 4231625; 

583173, 4231570; 583066, 4231313; 

582967, 4231059; 582953, 4231087; 

582938, 4231101; 582922, 4231109; 

582908, 4231115; 582886, 4231113; 

582875, 4231116; 582864, 4231127; 

582861, 4231138; 582861, 4231163; 

582854, 4231183; 582842, 4231196; 

582775, 4231252; 582763, 4231266; 

582754, 4231280; 582752, 4231290; 

582753, 4231306; 582760, 4231335; 

582742, 4231364; 582724, 4231366; 

582704, 4231361, 582974, 4231032; 

583313, 4231870; 583328, 4231873; 

583501, 4232317; 583572, 4232314; 

583572, 4232304; 583575, 4232298; 

583581, 4232291; 583588, 4232283; 

583594, 4232281; 583599, 4232282; 

583602, 4232287; 583608, 4232288; 

583613, 4232289; 583611, 4232294; 

583615, 4232298; 583621, 4232298; 

583633, 4232298; 583634, 4232285; 

583636, 4232281; 583639, 4232279; 

583719, 4232277; 583745, 4232276; 

583752, 4232274; 583758, 4232270; 

583763, 4232259; 583768, 4232228; 

583790, 4232052; 583794, 4232022; 

583798, 4231999; 583810, 4231967; 

583813, 4231963; 583826, 4231961; 

583842, 4231966; 583861, 4231967; 

583873, 4231968; 583882, 4231968; 

583890, 4231951; 583916, 4231951; 

583917, 4231956; 583920, 4231963; 

583922, 4231966; 583932, 4231966; 

583940, 4231966; 583945, 4231962; 

583953, 4231963; 583959, 4231964; 

583966, 4231966; 583972, 4231966; 

583980, 4231963; 583983, 4231954; 

583987, 4231948; 583992, 4231944; 

584003, 4231930; 584019, 4231925; 

584026, 4231922; 584043, 4231902; 

584051, 4231884; 584060, 4231865; 

584067, 4231857; 584077, 4231852; 

584098, 4231844; 584116, 4231846; 

584126, 4231853; 584136, 4231855; 

584149, 4231850; 584167, 4231823; 

584200, 4231828; 584154, 4231969; 

584272, 4232006; 584290, 4231979; 

584302, 4231954; 584308, 4231939; 

584314, 4231931; 584325, 4231891; 

584336, 4231848; 584353, 4231790; 

584378, 4231720; 584393, 4231676; 

584445, 4231535; 584495, 4231395; 

584493, 4231381; 584491, 4231370; 

584490, 4231355; 584485, 4231355; 

584479, 4231364; 584467, 4231397; 

584455, 4231415; 584443, 4231434; 

584419, 4231448; 584397, 4231452; 

584378, 4231451; 584353, 4231436; 

584343, 4231424; 584335, 4231411; 

584328, 4231370; 584325, 4231330; 

584323, 4231324; 584318, 4231320; 

584309, 4231325; 584289, 4231349; 

584255, 4231391; 584237, 4231400; 

584210, 4231408; 584187, 4231407; 

584171, 4231400; 584159, 4231388; 

584134, 4231356; 584117, 4231338; 

584093, 4231337; 584022, 4231359; 

584000, 4231375; 583963, 4231397; 

583937, 4231404; 583913, 4231403; 

583891, 4231392; 583873, 4231376; 

583864, 4231360; 583853, 4231340; 

583840, 4231324; 583817, 4231311; 

583790, 4231287; 583775, 4231256; 

583770, 4231231; 583767, 4231196; 

583762, 4231135; 583758, 4231094; 

583749, 4231057; 583736, 4231025; 

583724, 4230989; 583720, 4230973; 

583722, 4230922; 583715, 4230893; 

583691, 4230862; 583671, 4230835; 

583664, 4230816; 583662, 4230799; 

583666, 4230760; 583665, 4230715; 

583659, 4230699; 583646, 4230684; 

583633, 4230677; 583618, 4230669; 

583598, 4230667; 583582, 4230669; 

583567, 4230679; 583562, 4230689; 

583555, 4230715; 583535, 4230746; 

583528, 4230764; 583511, 4230771; 

583486, 4230779; 583460, 4230779; 

583443, 4230778; 583424, 4230770; 

583390, 4230748; 583365, 4230737; 

583345, 4230734; 583332, 4230734; 

583323, 4230740; 583319, 4230750; 

583322, 4230768; 583336, 4230780; 

583366, 4230796; 583384, 4230808; 

583396, 4230820; 583406, 4230832; 

583410, 4230849; 583408, 4230860; 

583401, 4230873; 583383, 4230886; 

583362, 4230895; 583338, 4230898; 

583324, 4230893; 583291, 4230866; 

583258, 4230849; 583244, 4230847; 

583225, 4230868; 583214, 4230879; 

583193, 4230892; 583158, 4230903; 

583131, 4230908; 583106, 4230923; 

583079, 4230935; 583061, 4230937; 

583043, 4230935; 583030, 4230925; 

583025, 4230912; 583023, 4230900; 

583026, 4230886; 583035, 4230866; 

583041, 4230845; 583036, 4230832; 

583027, 4230826; 583015, 4230828; 

582999, 4230847; 582989, 4230866; 

582985, 4230874; 582984, 4230886; 

582984, 4230912; 582984, 4230912; 

582986, 4230920; 582989, 4230932; 

582996, 4230944; 583003, 4230955; 

583019, 4230971; 583025, 4230977; 

583030, 4230983; 583033, 4230999; 

583029, 4231014; 583017, 4231029; 

583003, 4231033; 582982, 4231032; 

582974, 4231032. 

(ii) Note: Unit 2 for Cirsium 

hydrophilum var. hydrophilum is 

depicted on Map 2 in paragraph (8)(ii) 

of this entry. 

(8) Unit 3 for Cirsium hydrophilum 

var. hydrophilum: Rush Ranch/Grizzly 

Island Wildlife Area, Solano County, 

California. 

(i) Land bounded by the following 

UTM zone 10, NAD 1983 coordinates (E, 

N): 583673, 4228103; 583675, 4228133; 

583687, 4228156; 583700, 4228170; 

583824, 4228206; 583898, 4228219; 

583938, 4228221; 583961, 4228228; 

583973, 4228240; 584002, 4228252; 

584019, 4228251; 584032, 4228262; 

584052, 4228268; 584062, 4228278; 

584134, 4228347; 584153, 4228375; 

584154, 4228398; 584147, 4228405; 

584132, 4228407; 584146, 4228473; 

584150, 4228514; 584135, 4228552; 

584137, 4228573; 584128, 4228593; 

584118, 4228631; 584109, 4228660; 

584097, 4228672; 584085, 4228696; 

584083, 4228711; 584067, 4228730; 

584041, 4228786; 584038, 4228800; 

584001, 4228862; 583993, 4228899; 

583990, 4228918; 583995, 4228944; 

583991, 4228950; 583994, 4228962; 

584008, 4228976; 584020, 4228979; 

584062, 4229001; 584095, 4229004; 

584138, 4229000; 584179, 4228989; 

584255, 4228968; 584276, 4228967; 

584312, 4228956; 584341, 4228946; 

584372, 4228940; 584420, 4228939; 

584521, 4228954; 584553, 4228947; 

584568, 4228965; 584588, 4228974; 

584599, 4228997; 584621, 4229013; 

584638, 4229054; 584656, 4229083; 

584651, 4229091; 584656, 4229119; 

584665, 4229146; 584663, 4229177; 

584660, 4229211; 584653, 4229240; 

584661, 4229251; 584655, 4229260; 

584660, 4229271; 584678, 4229276; 

584700, 4229277; 584707, 4229273; 

584728, 4229274; 584737, 4229282; 

584738, 4229292; 584748, 4229290; 

584764, 4229294; 584768, 4229301; 

584759, 4229305; 584718, 4229301; 

584714, 4229313; 584755, 4229341; 

584761, 4229345; 584765, 4229352; 

584775, 4229376; 584792, 4229388; 

584807, 4229388; 584821, 4229381; 

584827, 4229366; 584827, 4229352; 

584810, 4229333; 584806, 4229329; 

584807, 4229325; 584815, 4229320; 

584834, 4229291; 584862, 4229269; 

584904, 4229244; 584937, 4229237; 

584955, 4229235; 584968, 4229239; 

584980, 4229233; 584986, 4229223; 

584999, 4229211; 585004, 4229191; 

585016, 4229175; 585024, 4229167; 

585032, 4229163; 585050, 4229158; 

585078, 4229144; 585125, 4229112; 

585167, 4229099; 585191, 4229094; 

585219, 4229094; 585243, 4229102; 

585257, 4229113; 585270, 4229116; 

585281, 4229116; 585291, 4229113; 

585306, 4229090; 585319, 4229076; 


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585345, 4229068; 585365, 4229067; 

585378, 4229061; 585382, 4229055; 

585382, 4229047; 585380, 4229039; 

585373, 4229029; 585366, 4229013; 

585363, 4228998; 585367, 4228988; 

585376, 4228983; 585410, 4228987; 

585422, 4228998; 585438, 4229008; 

585479, 4229011; 585515, 4229006; 

585535, 4229002; 585554, 4228984; 

585567, 4228949; 585573, 4228933; 

585585, 4228913; 585600, 4228907; 

585612, 4228908; 585625, 4228912; 

585647, 4228920; 585642, 4228890; 

585642, 4228873; 585622, 4228807; 

585613, 4228795; 585591, 4228769; 

585579, 4228766; 585571, 4228769; 

585549, 4228793; 585542, 4228817; 

585530, 4228822; 585505, 4228833; 

585480, 4228849; 585438, 4228864; 

585414, 4228871; 585400, 4228865; 

585331, 4228844; 585323, 4228852; 

585309, 4228850; 585299, 4228849; 

585294, 4228846; 585293, 4228841; 

585287, 4228835; 585305, 4228820; 

585311, 4228824; 585324, 4228804; 

585281, 4228807; 585274, 4228801; 

585266, 4228782; 585250, 4228748; 

585220, 4228671; 585264, 4228486; 

585280, 4228425; 585290, 4228350; 

585298, 4228147; 585299, 4228142; 

585303, 4228138; 585507, 4227990; 

585520, 4227986; 585588, 4227972; 

585730, 4227946; 585813, 4227928; 

585835, 4227927; 586151, 4227951; 

586270, 4227960; 586286, 4227964; 

586378, 4227971; 586420, 4227977; 

586429, 4227988; 586438, 4227998; 

586434, 4228018; 586430, 4228035; 

586429, 4228066; 586442, 4228101; 

586479, 4228127; 586518, 4228154; 

586552, 4228173; 586584, 4228180; 

586576, 4228199; 586602, 4228212; 

586618, 4228207; 586625, 4228212; 

586633, 4228227; 586642, 4228230; 

586652, 4228229; 586669, 4228218; 

586676, 4228213; 586690, 4228219; 

586702, 4228228; 586705, 4228243; 

586706, 4228267; 586706, 4228288; 

586713, 4228308; 586695, 4228350; 

586687, 4228381; 586692, 4228392; 

586702, 4228402; 586712, 4228407; 

586721, 4228406; 586732, 4228413; 

586742, 4228414; 586750, 4228413; 

586760, 4228409; 586774, 4228386; 

586789, 4228366; 586847, 4228346; 

586872, 4228350; 586897, 4228347; 

586944, 4228304; 586989, 4228208; 

586997, 4228176; 587006, 4228147; 

587023, 4228133; 587062, 4228118; 

587080, 4228122; 587097, 4228118; 

587111, 4228087; 587126, 4228069; 

587149, 4228056; 587172, 4228056; 

587183, 4228065; 587188, 4228079; 

587188, 4228094; 587177, 4228122; 

587287, 4228085; 587295, 4228072; 

587292, 4228064; 587278, 4228055; 

587273, 4228038; 587316, 4228041; 

587389, 4228027; 587460, 4228016; 

587548, 4227976; 587617, 4227944; 

587620, 4227957; 587626, 4227967; 

587643, 4227967; 587658, 4227960; 

587677, 4227954; 587682, 4227945; 

587691, 4227939; 587699, 4227933; 

587696, 4227905; 587771, 4227862; 

587779, 4227871; 587790, 4227881; 

587802, 4227886; 587821, 4227882; 

587834, 4227875; 587845, 4227859; 

587855, 4227849; 587863, 4227839; 

587874, 4227841; 587883, 4227845; 

587890, 4227853; 587901, 4227860; 

587921, 4227856; 587935, 4227850; 

587945, 4227839; 587955, 4227833; 

587959, 4227820; 587984, 4227809; 

588004, 4227799; 588059, 4227806; 

588083, 4227797; 588229, 4227730; 

588244, 4227721; 588264, 4227721; 

588274, 4227718; 588276, 4227731; 

588280, 4227749; 588359, 4227718; 

588361, 4227693; 588515, 4227643; 

588538, 4227632; 588552, 4227619; 

588564, 4227604; 588596, 4227554; 

588617, 4227507; 588627, 4227498; 

588652, 4227502; 588703, 4227534; 

588761, 4227555; 588822, 4227530; 

588823, 4227505; 588830, 4227492; 

588847, 4227475; 588913, 4227418; 

588942, 4227396; 588976, 4227373; 

589001, 4227370; 589030, 4227376; 

589067, 4227391; 589084, 4227403; 

589095, 4227419; 589112, 4227426; 

589141, 4227416; 589143, 4227392; 

589143, 4227340; 589148, 4227335; 

589160, 4227337; 589190, 4227350; 

589217, 4227341; 589249, 4227323; 

589278, 4227331; 589294, 4227348; 

589307, 4227349; 589320, 4227341; 

589338, 4227311; 589359, 4227301; 

589371, 4227303; 589387, 4227334; 

589436, 4227339; 589447, 4227329; 

589463, 4227327; 589478, 4227331; 

589495, 4227329; 589502, 4227319; 

589527, 4227309; 589568, 4227297; 

589578, 4227294; 589585, 4227275; 

589596, 4227236; 589597, 4227189; 

589500, 4227183; 589348, 4227165; 

589325, 4227155; 589274, 4227145; 

589146, 4227108; 589084, 4227075; 

588999, 4226997; 588865, 4226906; 

588763, 4226822; 588737, 4226808; 

588715, 4226811; 588640, 4226826; 

588599, 4226831; 588596, 4226841; 

588599, 4226860; 588606, 4226870; 

588635, 4226918; 588692, 4227005; 

588722, 4227076; 588740, 4227152; 

588741, 4227188; 588739, 4227225; 

588725, 4227262; 588711, 4227287; 

588690, 4227313; 588645, 4227348; 

588593, 4227381; 588495, 4227429; 

588398, 4227461; 588264, 4227514; 

588195, 4227547; 588127, 4227585; 

588016, 4227644; 587974, 4227661; 

587934, 4227670; 587885, 4227676; 

587807, 4227674; 587752, 4227664; 

587701, 4227650; 587632, 4227621; 

587591, 4227595; 587533, 4227537; 

587487, 4227456; 587467, 4227410; 

587430, 4227281; 587385, 4227098; 

587355, 4227029; 587326, 4226985; 

587263, 4226919; 587112, 4226798; 

586999, 4226714; 586868, 4226625; 

586771, 4226575; 586734, 4226563; 

586696, 4226556; 586646, 4226554; 

586595, 4226558; 586548, 4226571; 

586476, 4226611; 586342, 4226720; 

586160, 4226880; 586014, 4226997; 

585931, 4227078; 585835, 4227185; 

585790, 4227234; 585743, 4227274; 

585708, 4227298; 585673, 4227309; 

585647, 4227312; 585613, 4227321; 

585596, 4227329; 585579, 4227340; 

585558, 4227365; 585541, 4227403; 

585534, 4227449; 585536, 4227504; 

585534, 4227570; 585516, 4227631; 

585496, 4227674; 585475, 4227703; 

585451, 4227721; 585428, 4227732; 

585380, 4227737; 585320, 4227730; 

585228, 4227698; 585161, 4227662; 

585064, 4227603; 585034, 4227589; 

585004, 4227581; 584964, 4227585; 

584913, 4227597; 584870, 4227620; 

584816, 4227660; 584777, 4227693; 

584737, 4227738; 584713, 4227772; 

584699, 4227799; 584675, 4227858; 

584655, 4227890; 584624, 4227903; 

584597, 4227902; 584568, 4227897; 

584539, 4227888; 584525, 4227871; 

584497, 4227842; 584462, 4227827; 

584433, 4227814; 584415, 4227814; 

584332, 4227794; 584289, 4227774; 

584262, 4227754; 584247, 4227740; 

584239, 4227722; 584223, 4227701; 

584214, 4227700; 584196, 4227724; 

584138, 4227768; 584106, 4227792; 

584104, 4227804; 584090, 4227810; 

584083, 4227808; 584056, 4227836; 

583982, 4227893; 583937, 4227918; 

583911, 4227932; 583814, 4227974; 

583713, 4228012; 583691, 4228033; 

583680, 4228053; 583675, 4228063; 

583676, 4228074; 583673, 4228103. 

(ii) Note: Map of Units 1, 2, and 3 for 

Cirsium hydrophilum var. hydrophilum 

(Map 2) follows: 

BILLING CODE 4310–55–S 


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* * * * * 

Family Scrophulariaceae: 

Cordylanthus mollis ssp. mollis (soft 

bird’s-beak) 

(1) Critical habitat units are depicted 

for Contra Costa, Napa, and Solano 

Counties, California, on the maps below 

(2) The primary constituent elements 

of critical habitat for Cordylanthus 

mollis ssp. mollis are: 

(i) Persistent emergent, intertidal, 

estuarine wetland at or above the mean 

high-water line (as extended directly 

across any intersecting channels); 

(ii) Rarity or absence of plants that 

naturally die in late spring (winter 

annuals); and 

(iii) Partially open spring canopy 

cover (approximately 790 nMol/m2/s) at 

ground level, with many small openings 

to facilitate seedling germination. 

(3) Critical habitat does not include 

manmade structures (such as buildings, 

aqueducts, runways, roads, and other 

paved areas) and the land on which they 

are located existing within the legal 

boundaries on the effective date of this 

rule. 

(4) Critical habitat map units. Data 

layers defining Contra Costa, Napa, and 

Solano Counties map units were created 

on a base map using California Spatial 

Information Library black and white 

1:24,000 scale digital orthophoto quarter 

quadrangles captured June/July 1993. 

Critical habitat units were then mapped 

using UTM zone 10, NAD 1983 

coordinates. 

(5) Note: Map of index for 

Cordylanthus mollis ssp. mollis (Map 1) 

follows: 


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(6) Unit 1 for Cordylanthus mollis ssp. 

mollis: Fagan Slough Marsh, Napa 

County, California. 

(i) Land bounded by the following 

UTM zone 10, NAD 1983 coordinates (E, 

N): 560527, 4229777; 560514, 4229819; 

560510, 4229907; 560429, 4230254; 

560427, 4230287; 560433, 4230304; 

560444, 4230315; 560460, 4230326; 

560489, 4230333; 560520, 4230338; 

560559, 4230331; 560843, 4230233; 

561055, 4230223; 561205, 4230236; 

561248, 4230243; 561327, 4230272; 

561399, 4230310; 561428, 4230335; 

561457, 4230372; 561478, 4230406; 

561509, 4230456; 561532, 4230472; 

561572, 4230471; 561733, 4230474; 

561774, 4230477; 561815, 4230493; 

561945, 4230599; 561957, 4230617; 

561974, 4230659; 561983, 4230685; 

561992, 4230698; 562005, 4230714; 

562032, 4230732; 562052, 4230752; 

562068, 4230781; 562078, 4230790; 

562088, 4230794; 562099, 4230795; 

562128, 4230785; 562421, 4230785; 

562435, 4230783; 562441, 4230774; 

562445, 4230734; 562470, 4230705; 

562474, 4230698; 562459, 4230624; 

562461, 4230515; 562459, 4230498; 

562456, 4230491; 562445, 4230491; 

562437, 4230485; 562434, 4230476; 

562438, 4230466; 562459, 4230405; 

562483, 4230364; 562489, 4230349; 

562494, 4230305; 562506, 4230305; 

562513, 4230299; 562517, 4230294; 

562520, 4230288; 562517, 4230273; 

562512, 4230247; 562497, 4230093; 

562473, 4229897; 562470, 4229856; 

562471, 4229834; 562576, 4229699; 

562606, 4229676; 562633, 4229658; 

562648, 4229643; 562659, 4229620; 

562658, 4229595; 562651, 4229578; 

562645, 4229564; 562633, 4229550; 

562623, 4229542; 562602, 4229534; 

562594, 4229521; 562586, 4229513; 

562571, 4229514; 562551, 4229522; 

562529, 4229528; 562479, 4229526; 

562459, 4229476; 562449, 4229477; 

562457, 4229555; 561938, 4229551; 

561890, 4229513; 561863, 4229512; 

561781, 4229512; 561749, 4229509; 

561700, 4229511; 561690, 4229523; 

561660, 4229519; 561571, 4229537; 

561493, 4229557; 561431, 4229576; 

561387, 4229606; 561349, 4229650; 

561294, 4229701; 561222, 4229756; 

561191, 4229773; 561146, 4229787; 

561084, 4229805; 561062, 4229809; 

561017, 4229816; 560977, 4229820; 

560937, 4229818; 560902, 4229821; 

560859, 4229825; 560783, 4229823; 

560736, 4229813; 560708, 4229804; 

560675, 4229781; 560654, 4229760; 

560624, 4229712; 560609, 4229670; 

560599, 4229664; 560590, 4229664; 

560587, 4229675; 560567, 4229705; 

560541, 4229741; 560527, 4229777. 

(ii) Note: Map of Unit 1 for 

Cordylanthus mollis ssp. mollis (Map 2) 

follows: 


rmajette on PROD1PC67 with RULES2
Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Rules and Regulations 18545 


rmajette on PROD1PC67 with RULES2ER12AP07.003</GPH>
18546 Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Rules and Regulations 

(7) Unit 2 for Cordylanthus mollis ssp. 

mollis: Hill Slough Marsh, Solano 

County, California. 

(i) Land bounded by the following 

UTM zone 10, NAD 1983 coordinates (E, 

N): 586821, 4231248; 586825, 4231260; 

586834, 4231272; 586848, 4231278; 

586868, 4231280; 586930, 4231305; 

586934, 4231417; 586934, 4231457; 

586933, 4231517; 586936, 4231569; 

586931, 4231638; 586933, 4231730; 

586930, 4231824; 586927, 4231988; 

586932, 4232511; 586935, 4232541; 

587032, 4232539; 587031, 4232513; 

587025, 4232474; 587022, 4232447; 

587028, 4232423; 587045, 4232382; 

587207, 4232226; 587186, 4232194; 

587189, 4232174; 587211, 4232155; 

587232, 4232152; 587246, 4232165; 

587275, 4232169; 587294, 4232159; 

587307, 4232136; 587314, 4232107; 

587310, 4232094; 587350, 4232087; 

587391, 4232079; 587427, 4232061; 

587470, 4232043; 587490, 4232041; 

587513, 4232049; 587544, 4232041; 

587602, 4232017; 587641, 4231995; 

587689, 4231981; 587738, 4231977; 

587763, 4231981; 587776, 4231987; 

587790, 4231996; 587803, 4232008; 

587814, 4232019; 587826, 4232031; 

587844, 4232043; 587859, 4232051; 

587882, 4232067; 587897, 4232078; 

587933, 4232080; 587944, 4232075; 

587951, 4232066; 587957, 4232059; 

587985, 4232048; 588000, 4232042; 

588016, 4232041; 588028, 4232043; 

588041, 4232044; 588050, 4232058; 

588051, 4232075; 588048, 4232095; 

588055, 4232133; 588083, 4232223; 

588094, 4232243; 588105, 4232252; 

588114, 4232256; 588124, 4232254; 

588136, 4232249; 588141, 4232237; 

588137, 4232225; 588132, 4232212; 

588149, 4232197; 588157, 4232186; 

588162, 4232179; 588182, 4232158; 

588195, 4232146; 588218, 4232130; 

588228, 4232126; 588241, 4232122; 

588245, 4232122; 588255, 4232141; 

588259, 4232149; 588270, 4232160; 

588277, 4232165; 588284, 4232175; 

588287, 4232187; 588287, 4232197; 

588290, 4232212; 588295, 4232222; 

588306, 4232225; 588311, 4232235; 

588316, 4232250; 588324, 4232254; 

588334, 4232254; 588340, 4232249; 

588339, 4232240; 588333, 4232226; 

588333, 4232216; 588336, 4232206; 

588345, 4232198; 588353, 4232189; 

588360, 4232187; 588379, 4232192; 

588390, 4232198; 588452, 4232235; 

588471, 4232243; 588492, 4232242; 

588511, 4232234; 588530, 4232208; 

588547, 4232165; 588556, 4232147; 

588566, 4232134; 588574, 4232126; 

588583, 4232120; 588601, 4232110; 

588612, 4232108; 588611, 4232115; 

588610, 4232136; 588651, 4232135; 

588671, 4232140; 588699, 4232155; 

588721, 4232161; 588740, 4232164; 

588767, 4232164; 588782, 4232165; 

588804, 4232167; 588849, 4232173; 

588861, 4232168; 588872, 4232160; 

588883, 4232160; 588895, 4232156; 

588905, 4232149; 588912, 4232139; 

588942, 4232080; 588952, 4232058; 

588960, 4232026; 588977, 4231960; 

588981, 4231923; 589001, 4231852; 

589003, 4231845; 589000, 4231842; 

588992, 4231841; 588981, 4231837; 

588977, 4231835; 588974, 4231830; 

588978, 4231820; 588984, 4231809; 

588977, 4231793; 588953, 4231768; 

588939, 4231787; 588924, 4231794; 

588893, 4231818; 588880, 4231823; 

588863, 4231824; 588851, 4231825; 

588836, 4231820; 588792, 4231774; 

588775, 4231776; 588755, 4231773; 

588721, 4231762; 588681, 4231743; 

588675, 4231734; 588658, 4231722; 

588638, 4231713; 588608, 4231699; 

588595, 4231652; 588586, 4231603; 

588608, 4231581; 588641, 4231569; 

588656, 4231552; 588668, 4231537; 

588677, 4231521; 588681, 4231502; 

588676, 4231467; 588666, 4231440; 

588657, 4231437; 588636, 4231428; 

588608, 4231424; 588601, 4231422; 

588598, 4231419; 588602, 4231403; 

588611, 4231373; 588614, 4231342; 

588624, 4231331; 588638, 4231321; 

588641, 4231314; 588645, 4231281; 

588656, 4231238; 588701, 4231195; 

588736, 4231180; 588803, 4231181; 

588814, 4231181; 588824, 4231184; 

588831, 4231190; 588882, 4231194; 

589011, 4231195; 589145, 4231191; 

589186, 4231192; 589193, 4231199; 

589203, 4231197; 589210, 4231196; 

589217, 4231201; 589230, 4231205; 

589240, 4231206; 589250, 4231196; 

589261, 4231192; 589310, 4231190; 

589309, 4231065; 589323, 4231065; 

589325, 4231164; 589331, 4231171; 

589351, 4231176; 589380, 4231174; 

589408, 4231167; 589424, 4231166; 

589433, 4231174; 589444, 4231178; 

589460, 4231176; 589475, 4231167; 

589481, 4231152; 589485, 4231143; 

589432, 4231067; 589400, 4231023; 

589353, 4230961; 589338, 4230944; 

589333, 4230940; 589328, 4230941; 

589323, 4230944; 589320, 4230949; 

589322, 4231051; 589308, 4231051; 

589309, 4230996; 589305, 4230988; 

589291, 4230981; 589215, 4230998; 

589155, 4231004; 589115, 4230996; 

589050, 4230984; 588997, 4230950; 

588946, 4230926; 588913, 4230919; 

588884, 4230915; 588844, 4230911; 

588806, 4230912; 588782, 4230916; 

588738, 4230927; 588719, 4230936; 

588685, 4230942; 588651, 4230957; 

588590, 4230978; 588547, 4230994; 

588435, 4231007; 588395, 4231011; 

588361, 4231016; 588338, 4231022; 

588297, 4231039; 588261, 4231055; 

588226, 4231074; 588198, 4231091; 

588178, 4231101; 588158, 4231102; 

588135, 4231100; 588111, 4231098; 

588063, 4231103; 588046, 4231107; 

588028, 4231119; 587998, 4231130; 

587978, 4231131; 587961, 4231124; 

587948, 4231111; 587849, 4231089; 

587852, 4231100; 587855, 4231118; 

587851, 4231133; 587846, 4231150; 

587842, 4231164; 587836, 4231167; 

587823, 4231172; 587810, 4231175; 

587796, 4231182; 587785, 4231200; 

587777, 4231220; 587753, 4231255; 

587742, 4231264; 587720, 4231266; 

587707, 4231261; 587698, 4231249; 

587696, 4231235; 587691, 4231183; 

587646, 4231135; 587593, 4231083; 

587561, 4231076; 587537, 4231070; 

587516, 4231072; 587504, 4231078; 

587490, 4231079; 587452, 4231086; 

587416, 4231075; 587349, 4231070; 

587323, 4231070; 587310, 4231073; 

587266, 4231097; 587248, 4231099; 

587223, 4231093; 587177, 4231085; 

587134, 4231087; 587114, 4231097; 

587090, 4231120; 587062, 4231140; 

587037, 4231141; 587003, 4231126; 

586984, 4231120; 586963, 4231121; 

586948, 4231123; 586939, 4231125; 

586932, 4231138; 586944, 4231161; 

586943, 4231180; 586935, 4231197; 

586919, 4231215; 586896, 4231226; 

586882, 4231229; 586868, 4231222; 

586848, 4231217; 586830, 4231226; 

586823, 4231235; 586821, 4231248. 

(ii) Note: Unit 2 for Cordylanthus 

mollis ssp. mollis is depicted on Map 4 

in paragraph (9)(ii) of this entry. 

(8) Unit 3 for Cordylanthus mollis ssp. 

mollis: Point Pinole Shoreline, Contra 

Costa County, California. 

(i) Land bounded by the following 

UTM zone 10, NAD 1983 coordinates (E, 

N): 557436, 4206461; 557427, 4206437; 

557413, 4206422; 557385, 4206413; 

557364, 4206395; 557341, 4206372; 

557318, 4206353; 557292, 4206342; 

557263, 4206332; 557245, 4206330; 

557231, 4206333; 557222, 4206340; 

557214, 4206351; 557211, 4206366; 

557212, 4206378; 557222, 4206387; 

557236, 4206399; 557253, 4206411; 

557270, 4206425; 557275, 4206438; 

557270, 4206450; 557257, 4206461; 

557248, 4206467; 557239, 4206475; 

557240, 4206484; 557247, 4206491; 

557253, 4206495; 557269, 4206493; 

557299, 4206500; 557315, 4206507; 

557329, 4206513; 557339, 4206520; 

557349, 4206536; 557351, 4206554; 

557353, 4206566; 557367, 4206578; 

557378, 4206582; 557403, 4206588; 

557415, 4206590; 557418, 4206604; 

557428, 4206616; 557456, 4206614; 

557468, 4206606; 557526, 4206560; 

557567, 4206529; 557584, 4206508; 

557600, 4206493; 557623, 4206479; 

557638, 4206464; 557646, 4206461; 

557653, 4206457; 557666, 4206439; 


rmajette on PROD1PC67 with RULES2
Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Rules and Regulations 18547 

557685, 4206401; 557720, 4206378; 

557732, 4206370; 557744, 4206366; 

557754, 4206363; 557766, 4206356; 

557777, 4206347; 557806, 4206339; 

557844, 4206335; 557875, 4206339; 

557891, 4206338; 557909, 4206332; 

557922, 4206322; 557929, 4206311; 

557932, 4206302; 557933, 4206290; 

557931, 4206279; 557912, 4206258; 

557881, 4206230; 557868, 4206212; 

557855, 4206209; 557767, 4206228; 

557761, 4206230; 557763, 4206233; 

557769, 4206238; 557781, 4206246; 

557765, 4206285; 557754, 4206299; 

557753, 4206314; 557731, 4206312; 

557678, 4206320; 557643, 4206337; 

557616, 4206357; 557608, 4206372; 

557602, 4206385; 557601, 4206396; 

557588, 4206403; 557569, 4206399; 

557550, 4206385; 557528, 4206380; 

557508, 4206385; 557502, 4206406; 

557496, 4206413; 557493, 4206428; 

557489, 4206444; 557482, 4206462; 

557474, 4206472; 557465, 4206474; 

557457, 4206476; 557445, 4206474; 

557440, 4206469; 557436, 4206461. 

(ii) Note: Map of Unit 3 for 

Cordylanthus mollis ssp. mollis (Map 3) 

follows: 


rmajette on PROD1PC67 with RULES2
18548 Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Rules and Regulations 


rmajette on PROD1PC67 with RULES2ER12AP07.004</GPH>
Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Rules and Regulations 18549 

(9) Unit 4 for Cordylanthus mollis ssp. 

mollis: Rush Ranch/Grizzly Island 

Wildlife Area, Solano County, 

California. 

(i) Land bounded by the following 

UTM zone 10, NAD 1983 coordinates (E, 

N): 583673, 4228103; 583675, 4228133; 

583687, 4228156; 583700, 4228170; 

583824, 4228206; 583898, 4228219; 

583938, 4228221; 583961, 4228228; 

583973, 4228240; 584002, 4228252; 

584019, 4228251; 584032, 4228262; 

584052, 4228268; 584062, 4228278; 

584134, 4228347; 584153, 4228375; 

584154, 4228398; 584147, 4228405; 

584132, 4228407; 584146, 4228473; 

584150, 4228514; 584135, 4228552; 

584137, 4228573; 584128, 4228593; 

584118, 4228631; 584109, 4228660; 

584097, 4228672; 584085, 4228696; 

584083, 4228711; 584067, 4228730; 

584041, 4228786; 584038, 4228800; 

584001, 4228862; 583993, 4228899; 

583990, 4228918; 583995, 4228944; 

583991, 4228950; 583994, 4228962; 

584008, 4228976; 584020, 4228979; 

584062, 4229001; 584095, 4229004; 

584138, 4229000; 584179, 4228989; 

584255, 4228968; 584276, 4228967; 

584312, 4228956; 584341, 4228946; 

584372, 4228940; 584420, 4228939; 

584521, 4228954; 584553, 4228947; 

584568, 4228965; 584588, 4228974; 

584599, 4228997; 584621, 4229013; 

584638, 4229054; 584656, 4229083; 

584651, 4229091; 584656, 4229119; 

584665, 4229146; 584663, 4229177; 

584660, 4229211; 584653, 4229240; 

584661, 4229251; 584655, 4229260; 

584660, 4229271; 584678, 4229276; 

584700, 4229277; 584707, 4229273; 

584728, 4229274; 584737, 4229282; 

584738, 4229292; 584748, 4229290; 

584764, 4229294; 584768, 4229301; 

584759, 4229305; 584718, 4229301; 

584714, 4229313; 584755, 4229341; 

584761, 4229345; 584765, 4229352; 

584775, 4229376; 584792, 4229388; 

584807, 4229388; 584821, 4229381; 

584827, 4229366; 584827, 4229352; 

584810, 4229333; 584806, 4229329; 

584807, 4229325; 584815, 4229320; 

584834, 4229291; 584862, 4229269; 

584904, 4229244; 584937, 4229237; 

584955, 4229235; 584968, 4229239; 

584980, 4229233; 584986, 4229223; 

584999, 4229211; 585004, 4229191; 

585016, 4229175; 585024, 4229167; 

585032, 4229163; 585050, 4229158; 

585078, 4229144; 585125, 4229112; 

585167, 4229099; 585191, 4229094; 

585219, 4229094; 585243, 4229102; 

585257, 4229113; 585270, 4229116; 

585281, 4229116; 585291, 4229113; 

585306, 4229090; 585319, 4229076; 

585345, 4229068; 585365, 4229067; 

585378, 4229061; 585382, 4229055; 

585382, 4229047; 585380, 4229039; 

585373, 4229029; 585366, 4229013; 

585363, 4228998; 585367, 4228988; 

585376, 4228983; 585410, 4228987; 

585422, 4228998; 585438, 4229008; 

585479, 4229011; 585515, 4229006; 

585535, 4229002; 585554, 4228984; 

585567, 4228949; 585573, 4228933; 

585585, 4228913; 585600, 4228907; 

585612, 4228908; 585625, 4228912; 

585647, 4228920; 585642, 4228890; 

585642, 4228873; 585622, 4228807; 

585613, 4228795; 585591, 4228769; 

585579, 4228766; 585571, 4228769; 

585549, 4228793; 585542, 4228817; 

585530, 4228822; 585505, 4228833; 

585480, 4228849; 585438, 4228864; 

585414, 4228871; 585400, 4228865; 

585331, 4228844; 585323, 4228852; 

585309, 4228850; 585299, 4228849; 

585294, 4228846; 585293, 4228841; 

585287, 4228835; 585305, 4228820; 

585311, 4228824; 585324, 4228804; 

585281, 4228807; 585274, 4228801; 

585266, 4228782; 585250, 4228748; 

585220, 4228671; 585264, 4228486; 

585280, 4228425; 585290, 4228350; 

585298, 4228147; 585299, 4228142; 

585303, 4228138; 585507, 4227990; 

585520, 4227986; 585588, 4227972; 

585730, 4227946; 585813, 4227928; 

585835, 4227927; 586151, 4227951; 

586270, 4227960; 586286, 4227964; 

586378, 4227971; 586420, 4227977; 

586429, 4227988; 586438, 4227998; 

586434, 4228018; 586430, 4228035; 

586429, 4228066; 586442, 4228101; 

586479, 4228127; 586518, 4228154; 

586552, 4228173; 586584, 4228180; 

586576, 4228199; 586602, 4228212; 

586618, 4228207; 586625, 4228212; 

586633, 4228227; 586642, 4228230; 

586652, 4228229; 586669, 4228218; 

586676, 4228213; 586690, 4228219; 

586702, 4228228; 586705, 4228243; 

586706, 4228267; 586706, 4228288; 

586713, 4228308; 586695, 4228350; 

586687, 4228381; 586692, 4228392; 

586702, 4228402; 586712, 4228407; 

586721, 4228406; 586732, 4228413; 

586742, 4228414; 586750, 4228413; 

586760, 4228409; 586774, 4228386; 

586789, 4228366; 586847, 4228346; 

586872, 4228350; 586897, 4228347; 

586944, 4228304; 586989, 4228208; 

586997, 4228176; 587006, 4228147; 

587023, 4228133; 587062, 4228118; 

587080, 4228122; 587097, 4228118; 

587111, 4228087; 587126, 4228069; 

587149, 4228056; 587172, 4228056; 

587183, 4228065; 587188, 4228079; 

587188, 4228094; 587177, 4228122; 

587287, 4228085; 587295, 4228072; 

587292, 4228064; 587278, 4228055; 

587273, 4228038; 587316, 4228041; 

587389, 4228027; 587460, 4228016; 

587548, 4227976; 587617, 4227944; 

587620, 4227957; 587626, 4227967; 

587643, 4227967; 587658, 4227960; 

587677, 4227954; 587682, 4227945; 

587691, 4227939; 587699, 4227933; 

587696, 4227905; 587771, 4227862; 

587779, 4227871; 587790, 4227881; 

587802, 4227886; 587821, 4227882; 

587834, 4227875; 587845, 4227859; 

587855, 4227849; 587863, 4227839; 

587874, 4227841; 587883, 4227845; 

587890, 4227853; 587901, 4227860; 

587921, 4227856; 587935, 4227850; 

587945, 4227839; 587955, 4227833; 

587959, 4227820; 587984, 4227809; 

588004, 4227799; 588059, 4227806; 

588083, 4227797; 588229, 4227730; 

588244, 4227721; 588264, 4227721; 

588274, 4227718; 588276, 4227731; 

588280, 4227749; 588359, 4227718; 

588361, 4227693; 588515, 4227643; 

588538, 4227632; 588552, 4227619; 

588564, 4227604; 588596, 4227554; 

588617, 4227507; 588627, 4227498; 

588652, 4227502; 588703, 4227534; 

588761, 4227555; 588822, 4227530; 

588823, 4227505; 588830, 4227492; 

588847, 4227475; 588913, 4227418; 

588942, 4227396; 588976, 4227373; 

589001, 4227370; 589030, 4227376; 

589067, 4227391; 589084, 4227403; 

589095, 4227419; 589112, 4227426; 

589141, 4227416; 589143, 4227392; 

589143, 4227340; 589148, 4227335; 

589160, 4227337; 589190, 4227350; 

589217, 4227341; 589249, 4227323; 

589278, 4227331; 589294, 4227348; 

589307, 4227349; 589320, 4227341; 

589338, 4227311; 589359, 4227301; 

589371, 4227303; 589387, 4227334; 

589436, 4227339; 589447, 4227329; 

589463, 4227327; 589478, 4227331; 

589495, 4227329; 589502, 4227319; 

589527, 4227309; 589568, 4227297; 

589578, 4227294; 589585, 4227275; 

589596, 4227236; 589597, 4227189; 

589500, 4227183; 589348, 4227165; 

589325, 4227155; 589274, 4227145; 

589146, 4227108; 589084, 4227075; 

588999, 4226997; 588865, 4226906; 

588763, 4226822; 588737, 4226808; 

588715, 4226811; 588640, 4226826; 

588599, 4226831; 588596, 4226841; 

588599, 4226860; 588606, 4226870; 

588635, 4226918; 588692, 4227005; 

588722, 4227076; 588740, 4227152; 

588741, 4227188; 588739, 4227225; 

588725, 4227262; 588711, 4227287; 

588690, 4227313; 588645, 4227348; 

588593, 4227381; 588495, 4227429; 

588398, 4227461; 588264, 4227514; 

588195, 4227547; 588127, 4227585; 

588016, 4227644; 587974, 4227661; 

587934, 4227670; 587885, 4227676; 

587807, 4227674; 587752, 4227664; 

587701, 4227650; 587632, 4227621; 

587591, 4227595; 587533, 4227537; 

587487, 4227456; 587467, 4227410; 

587430, 4227281; 587385, 4227098; 

587355, 4227029; 587326, 4226985; 

587263, 4226919; 587112, 4226798; 


rmajette on PROD1PC67 with RULES2
18550 Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Rules and Regulations 

586999, 4226714; 586868, 4226625; 

586771, 4226575; 586734, 4226563; 

586696, 4226556; 586646, 4226554; 

586595, 4226558; 586548, 4226571; 

586476, 4226611; 586342, 4226720; 

586160, 4226880; 586014, 4226997; 

585931, 4227078; 585835, 4227185; 

585790, 4227234; 585743, 4227274; 

585708, 4227298; 585673, 4227309; 

585647, 4227312; 585613, 4227321; 

585596, 4227329; 585579, 4227340; 

585558, 4227365; 585541, 4227403; 

585534, 4227449; 585536, 4227504; 

585534, 4227570; 585516, 4227631; 

585496, 4227674; 585475, 4227703; 

585451, 4227721; 585428, 4227732; 

585380, 4227737; 585320, 4227730; 

585228, 4227698; 585161, 4227662; 

585064, 4227603; 585034, 4227589; 

585004, 4227581; 584964, 4227585; 

584913, 4227597; 584870, 4227620; 

584816, 4227660; 584777, 4227693; 

584737, 4227738; 584713, 4227772; 

584699, 4227799; 584675, 4227858; 

584655, 4227890; 584624, 4227903; 

584597, 4227902; 584568, 4227897; 

584539, 4227888; 584525, 4227871; 

584497, 4227842; 584462, 4227827; 

584433, 4227814; 584415, 4227814; 

584332, 4227794; 584289, 4227774; 

584262, 4227754; 584247, 4227740; 

584239, 4227722; 584223, 4227701; 

584214, 4227700; 584196, 4227724; 

584138, 4227768; 584106, 4227792; 

584104, 4227804; 584090, 4227810; 

584083, 4227808; 584056, 4227836; 

583982, 4227893; 583937, 4227918; 

583911, 4227932; 583814, 4227974; 

583713, 4228012; 583691, 4228033; 

583680, 4228053; 583675, 4228063; 

583676, 4228074; 583673, 4228103. 

(ii) Note: Map of Units 2 and 4 for 

Cordylanthus mollis ssp. mollis (Map 4) 

follows: 


rmajette on PROD1PC67 with RULES2
Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Rules and Regulations 18551 


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18552 Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Rules and Regulations 

(10) Unit 5 for Cordylanthus mollis 

ssp. mollis: Southampton Marsh, Solano 

County, California. 

(i) Land bounded by the following 

UTM zone 10, NAD 1983 coordinates (E, 

N): 570411, 4215261; 570504, 4215198; 

570595, 4215141; 570581, 4215120; 

570582, 4215104; 570590, 4215091; 

570627, 4215082; 570640, 4215081; 

570646, 4215078; 570647, 4215073; 

570643, 4215063; 570625, 4215056; 

570606, 4215052; 570594, 4215040; 

570589, 4215024; 570593, 4215004; 

570607, 4214983; 570606, 4214949; 

570607, 4214919; 570616, 4214898; 

570620, 4214869; 570611, 4214859; 

570601, 4214815; 570607, 4214803; 

570615, 4214795; 570628, 4214771; 

570639, 4214756; 570659, 4214739; 

570689, 4214737; 570706, 4214742; 

570722, 4214741; 570739, 4214732; 

570758, 4214716; 570770, 4214688; 

570774, 4214652; 570766, 4214613; 

570749, 4214580; 570739, 4214558; 

570750, 4214539; 570771, 4214516; 

570792, 4214494; 570810, 4214506; 

570834, 4214540; 570836, 4214555; 

570842, 4214566; 570849, 4214569; 

570906, 4214566; 570910, 4214575; 

570926, 4214610; 570946, 4214630; 

570967, 4214627; 570974, 4214587; 

570978, 4214555; 570987, 4214480; 

570975, 4214453; 570968, 4214400; 

570970, 4214360; 570986, 4214324; 

571019, 4214293; 571061, 4214263; 

571147, 4214219; 571179, 4214204; 

571221, 4214180; 571247, 4214152; 

571256, 4214116; 571270, 4214116; 

571282, 4214109; 571288, 4214101; 

571289, 4214091; 571279, 4214088; 

571278, 4214076; 571294, 4214069; 

571298, 4214063; 571294, 4214053; 

571275, 4214066; 571257, 4214069; 

571234, 4214068; 571222, 4214057; 

571211, 4214038; 571211, 4214017; 

571212, 4213995; 571215, 4213978; 

571225, 4213964; 571227, 4213952; 

571219, 4213945; 571208, 4213950; 

571210, 4213958; 571200, 4213968; 

571177, 4213969; 571164, 4213957; 

571155, 4213946; 571125, 4213929; 

571109, 4213924; 571077, 4213918; 

571043, 4213905; 571031, 4213893; 

570999, 4213886; 570979, 4213875; 

570948, 4213819; 570950, 4213808; 

570950, 4213796; 570947, 4213785; 

570936, 4213770; 570936, 4213754; 

570930, 4213737; 570925, 4213733; 

570911, 4213693; 570907, 4213668; 

570899, 4213652; 570884, 4213627; 

570873, 4213602; 570859, 4213560; 

570838, 4213534; 570834, 4213513; 

570826, 4213498; 570826, 4213488; 

570820, 4213479; 570809, 4213467; 

570806, 4213447; 570796, 4213433; 

570795, 4213417; 570799, 4213408; 

570796, 4213390; 570798, 4213376; 

570796, 4213343; 570780, 4213346; 

570766, 4213351; 570752, 4213357; 

570739, 4213365; 570730, 4213379; 

570732, 4213416; 570725, 4213446; 

570641, 4213647; 570629, 4213707; 

570611, 4213810; 570606, 4213823; 

570598, 4213834; 570578, 4213854; 

570565, 4213875; 570562, 4213891; 

570561, 4213954; 570558, 4213979; 

570555, 4213993; 570550, 4214006; 

570539, 4214020; 570528, 4214031; 

570510, 4214056; 570495, 4214091; 

570475, 4214160; 570469, 4214178; 

570436, 4214258; 570445, 4214272; 

570450, 4214281; 570449, 4214297; 

570438, 4214308; 570422, 4214316; 

570416, 4214331; 570415, 4214358; 

570407, 4214435; 570395, 4214459; 

570380, 4214478; 570372, 4214489; 

570360, 4214514; 570353, 4214529; 

570349, 4214563; 570344, 4214626; 

570335, 4214670; 570329, 4214728; 

570331, 4214760; 570336, 4214843; 

570350, 4214894; 570364, 4214925; 

570373, 4214927; 570394, 4214921; 

570423, 4214905; 570437, 4214908; 

570451, 4214910; 570490, 4214903; 

570540, 4214884; 570544, 4214897; 

570469, 4214926; 570465, 4214952; 

570458, 4214965; 570446, 4214973; 

570425, 4214981; 570410, 4214992; 

570407, 4215005; 570408, 4215025; 

570420, 4215050; 570434, 4215056; 

570436, 4215072; 570434, 4215100; 

570406, 4215127; 570407, 4215143; 

570412, 4215166; 570408, 4215189; 

570401, 4215216; 570400, 4215236; 

570402, 4215249; 570411, 4215261. 

(ii) Note: Map of Unit 5 for 

Cordylanthus mollis ssp. mollis (Map 5) 

follows: 


rmajette on PROD1PC67 with RULES2
Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Rules and Regulations 18553 

* * * * * Dated: March 27, 2007. 

David M. Verhey, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 07–1777 Filed 4–11–07; 8:45 am] 

BILLING CODE 4310–55–C 


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