[Federal Register Volume 72, Number 162 (Wednesday, August 22, 2007)]
[Proposed Rules]
[Pages 48178-48218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4060]



[[Page 48177]]

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Part III





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



 Endangered and Threatened Wildlife and Plants; Designation of Critical 
Habitat for the Bay Checkerspot Butterfly (Euphydryas editha bayensis); 
Proposed Rule

Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / 
Proposed Rules

[[Page 48178]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AV24


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for the Bay Checkerspot Butterfly (Euphydryas editha 
bayensis)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
revise currently designated critical habitat for the bay checkerspot 
butterfly (Euphydryas editha bayensis) under the Endangered Species Act 
of 1973, as amended (Act). In total, approximately 19,746 acres (ac) 
(7,990 hectares (ha)) fall within the boundaries of the proposed 
revised critical habitat designation. The proposed revision to critical 
habitat is located in San Mateo and Santa Clara Counties, California.

DATES: We will accept comments from all interested parties until 
October 22, 2007. We must receive requests for public hearings, in 
writing, at the address shown in the ADDRESSES section by October 9, 
2007.

ADDRESSES: If you wish to comment on this proposed rule, you may submit 
your comments and materials concerning this proposal by any one of 
several methods:
    1. You may mail or hand-deliver written comments and information to 
Susan Moore, Field Supervisor, U.S. Fish and Wildlife Service, 
Sacramento Fish and Wildlife Office, 2800 Cottage Way, Room W-2605, 
Sacramento, CA 95825.
    2. You may send comments by electronic mail (e-mail) to <a href="/cdn-cgi/l/email-protection#ee8c8d8cb19e8d86ae88999dc0898198"><span class="__cf_email__" data-cfemail="375554556847545f7751404419505841">[email protected]</span></a>. Please see the Public Comments Solicited section below for 
file format and other information about electronic filing.
    3. You may fax your comments to the attention of Susan Moore, Field 
Supervisor at 916-414-6712.
    4. You may go to the Federal Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
    Comments and materials received, as well as supporting 
documentation used in the preparation of this proposed rule, will be 
available for public inspection, by appointment, during normal business 
hours at the Sacramento Fish and Wildlife Office, 2800 Cottage Way, 
Room W-2605, Sacramento, CA 95825 (telephone 916-414-6600).

FOR FURTHER INFORMATION CONTACT: Field Supervisor, Sacramento Fish and 
Wildlife Office, 2800 Cottage Way, Room W-2605, Sacramento, CA 95825; 
telephone 916-414-6600; facsimile 916-414-6712. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Public Comments Solicited

    We intend that any final action resulting from this proposal to 
revise the critical habitat designation for the bay checkerspot 
butterfly will be as accurate and as effective as possible. Therefore, 
we request comments or suggestions from the public, other concerned 
governmental agencies, the scientific community, industry, or any other 
interested party on this proposed rule. We particularly seek comments 
concerning:
    (1) The reasons why we should or should not designate habitat as 
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et 
seq.), including whether there are areas we previously designated, but 
are not proposing for revised designation here, that should be 
designated as critical habitat.
    (2) Specific information on the amount and distribution of bay 
checkerspot butterfly habitat.
    (3) Specific information whether the features we have proposed as 
essential for the conservation of the species (Primary Constituent 
Elements) are adequate, and if not, what alternatives should be 
considered (see also item (13)).
    (4) The reason why any areas that were occupied at the time of 
listing and that contain the features that are essential for the 
conservation of the species should or should not be included in the 
designation.
    (5) The reason why any areas that were not occupied at the listing 
may be essential to the conservation of the species, and why such areas 
should or should not be designated as critical habitat.
    (6) Specific information on dispersal areas important for habitat 
connectivity, in particular areas between Units 1 and 2 and between 
Unit 4 and the Santa Clara County Units, their role in the conservation 
and recovery of the species, and reasons why such areas should or 
should not be included in the critical habitat designation.
    (7) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed revised critical 
habitat.
    (8) Any foreseeable economic, national security, or other potential 
impacts resulting from the proposed designation and, in particular, any 
impacts on small entities.
    (9) Whether our approach to designating critical habitat could be 
improved or modified in any way to provide for greater public 
participation and understanding, or to assist us in accommodating 
public concerns and comments.
    (10) Specific comments regarding occupancy and habitat quality of 
the proposed Pulgas Ridge Unit 2.
    (11) The relative benefits of designation or exclusion of any lands 
from proposed revised critical habitat such as Habitat Conservation 
Plans (HCPs), Safe Harbor Agreements (SHA), or other areas that have 
management plans in place that provide for bay checkerspot butterfly 
conservation. We especially seek specific comments regarding the 
potential exclusion of areas within the final San Bruno Mountain HCP 
(proposed Unit 1), and areas within the planned Stanford HCP (proposed 
Unit 4), and the Santa Clara County HCP (proposed Units 5-12).
    (12) Specific comments regarding population sizes of the bay 
checkerspot butterfly within those areas proposed for designation as 
revised critical habitat.
    (13) Specific documentation regarding the use of water sources by 
the bay checkerspot butterfly, particularly to support or refute our 
proposed primary constituent element of water features (Primary 
Constituent Element 4), and whether water sources are essential for the 
conservation of the subspecies.
    You may submit your comments and materials concerning this proposal 
by any one of several methods (see ADDRESSES). If you use e-mail to 
submit your comments, please include ``Attn: [species]'' in your e-mail 
subject header, preferably with, your name and return address in the 
body of your message. If you do not receive a confirmation from the 
system that we have received your e-mail, contact us directly by 
calling our Sacramento Fish and Wildlife Office at 916-414-6600. Please 
note that we must receive comments by the date specified in the DATES 
section in order to consider them in our final determination and that 
the e-mail address <a href="/cdn-cgi/l/email-protection#e7858485b897848fa7819094c9808891"><span class="__cf_email__" data-cfemail="e1838283be918289a1879692cf868e97">[email protected]</span></a> will be closed out at the 
termination of the public comment period.
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you may 
ask us to withhold your personal identifying information from

[[Page 48179]]

public review, we cannot guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection, by appointment, during normal business 
hours at the Sacramento Fish and Wildlife Office, 2800 Cottage Way, 
Room W-2605, Sacramento, CA 95825 (telephone 916-414-6600).

Background

    It is our intent to discuss only those topics directly relevant to 
the designation of critical habitat in this proposed rule. For more 
information on the bay checkerspot butterfly, refer to the listing rule 
and previous determination of critical habitat published in the Federal 
Register on September 18, 1987 (52 FR 35366) and April 30, 2001 (66 FR 
21450), respectively.
    The September 18, 1987, final listing rule (52 FR 35366) described 
the bay checkerspot butterfly as occupying seven areas in San Mateo and 
Santa Clara counties: (1) San Bruno Mountain; (2) Pulgas Ridge; (3) 
Edgewood Park; (4) Jasper Ridge; (5) Coyote Ridge (referred to in the 
listing rule as a portion of the east face of Coyote Creek Valley 
between Metcalf Road and the Anderson Lake outlet); (6) Calero 
Reservoir; and (7) San Martin. Subsequent to listing, five additional 
populations were identified: (1) Tulare Hill; (2) Santa Teresa Hills; 
(3) Kalana Hills; (4) Morgan Hill; and (5) Bear Ranch. Of these 
additional populations, four will be considered occupied at the time of 
listing because they were known from published literature at the time 
of listing, but they were not specifically mentioned in the listing 
rule. The fifth population (Bear Ranch) was mentioned in the listing 
rule as extirpated; however, in 1994 thousands of bay checkerspot 
butterflies were observed at this location (CNDDB 2006 p. 15). In 
addition to the locations known at the time of listing, the subspecies 
was historically known from near Berkeley, California; at Joaquin 
Miller Park in Alameda County; in San Francisco County from Twin Peaks 
and Mount Davidson; and in Contra Costa County near Morgan Territory 
Road (Murphy and Ehrlich 1980, p. 318). However, these populations 
disappeared as a result of a variety of factors including highway and 
subdivision construction, drought, overgrazing, and invasion of 
nonnative plants (Murphy and Ehrlich 1980, p. 319).

Distribution and Population Trends

    The population size of the bay checkerspot butterfly is primarily 
determined by the survival rate of prediapause larvae (Singer 1972, p. 
77; Weiss et al. 1988, p. 1486). Prediapause larva experience mortality 
rates upwards of 95 percent (Murphy 1988, p. 46; Weiss et al. 1988, p. 
1487; Cushman et al. 1994, p. 198; Murphy et al. 2004, p. 26). Larval 
survivorship is dependent upon the timing of host plant senescence, 
which in turn is dependent on environmental conditions such as 
rainfall. Rainfall in the San Francisco Bay area is known to vary 
dramatically (Weiss et al. 1988, p. 1495). The further a particular 
location is from another, the greater the likelihood each will receive 
dramatically different rainfall, so plants in areas that experience the 
same environmental conditions (i.e., those in close proximity and on 
similar topography) would result in larvae in those locations likely 
experiencing the same fate.
    Since listing in 1987, the distribution and population size of the 
bay checkerspot butterfly has changed substantially. In San Mateo 
County, the subspecies' population numbers have declined dramatically. 
The populations at San Bruno Mountain, Pulgas Ridge, and Jasper Ridge 
have not been detected in limited surveys, and reintroduction efforts 
were initiated at Edgewood Park to ensure the San Mateo County 
populations remain viable. Approximately 1,000 postdiapause larvae were 
reintroduced to Edgewood Park in February and March 2007. Prior to 
reintroductions between February and March 2007, the bay checkerspot 
butterfly had not been observed at Edgewood Park since 2002 (CNDDB 
2006). Limited surveys on a small southeastern portion of Pulgas Ridge, 
dated 1989-1993 and 1994, failed to detect any individual bay 
checkerspot butterflies (CNDDB 2007). However, these surveys covered 
only a small portion of the available habitat that was historically 
occupied.
    In Santa Clara County, population trends for the bay checkerspot 
butterfly are only available for portions of Coyote Ridge (identified 
as units 8, 10, 11, and 12 in the 2001 designation (66 FR 21450)), 
Tulare Hill, and Bear Ranch. On Coyote Ridge, south of Metcalf Road 
(2001 unit 8) bay checkerspot butterfly numbers increased from 
approximately 20,000 individuals in 1997 to 700,000 individuals in 
2004, but fell to approximately 100,000 individuals in 2005 (Weiss 
2006, p. 1). On Coyote Ridge, north of Metcalf Road (2001 unit 10), bay 
checkerspot butterfly numbers increased from approximately 200,000 in 
2000 to 400,000 in 2004, but then declined to 45,000 in 2006 (Weiss 
2006, p. 1).
    Larval estimates from Silver Creek Hills (2001 unit 12), also on 
Coyote Ridge, increased from 75,000 in 1992 to 128,000 in 1993, but 
then fell to an estimated 58,000 in 1994 following the removal of 
grazing from portions of the area (Weiss 1996, p. 93; Weiss 1999, p. 
1480), and no larvae or adults were observed in 1998 (Weiss 1999, p. 
1480). Annual surveys at Silver Creek Hills since the construction of a 
residential subdivision and reintroduction of grazing over portions of 
the area in 2000-2001, showed a slight increase from a low of 11 adults 
in 2001 to 51 in 2005 (WRA 2006, p. 10). Forty adult bay checkerspot 
butterflies were observed in the Silver Creek Hills area in 2006, but 
no larvae were observed (WRA 2006, p. 10).
    Post-diapause larvae on Tulare Hill (2001 unit 15) numbered 
approximately 2,000 individuals in 2002; the population declined 
significantly in 2003, with only 1 post-diapause larvae observed (CH2M 
Hill 2004, p. 8-6). Five adult bay checkerspot butterflies were 
observed on Tulare Hill in 2004 (CH2M Hill 2005, p. 8-2). According to 
Weiss (2007, p. 1), based on the number of individuals observed on 
Tulare Hill in 2004, the population size was estimated at approximately 
100 individuals. Seven adult bay checkerspot butterflies were observed 
on Tulare Hill in 2005; however, no post-diapause larvae were observed 
(CH2M Hill 2006, p. 8-2).
    According to California Natural Diversity Database CNDDB (2006) 
records, thousands of adult bay checkerspot butterflies were observed 
at Bear Ranch in 1994, 6 adults were observed in 1997, and 1 adult was 
observed in 1999. The Service is unaware of any other surveys regarding 
the status of the subspecies within this unit.

Population Dynamics

    Studies of the bay checkerspot butterfly's population dynamics 
characterize it as having a metapopulation dynamic. These studies were 
influential in the formulation of the metapopulation concept (Ehrlich 
et al. 1975, pp. 221-228; Harrison 1994, pp. 111-128). A metapopulation 
is a group of spatially distinct populations that can occasionally 
exchange dispersing individuals. The populations in a metapopulation 
are usually thought of as having interdependent extinction and 
colonization processes, where individual populations may be extirpated 
from a local area and later be

[[Page 48180]]

recolonized from another population that is still extant. The frequency 
of local extirpation and time until recolonization vary widely from 
population to population, depending on numerous demographic and 
environmental factors, such as the size and quality of the habitat, 
distance from other populations, size of other populations, mobility of 
the species, and weather. At the time of listing, two metapopulations 
were known to occur; one in San Mateo County and the other in Santa 
Clara County.
    The current bay checkerspot butterfly range is much reduced, and 
the butterfly is patchily distributed. Because it occurs as a 
metapopulation, the exact distribution of the butterfly varies through 
time: Sites that are unoccupied one year may be occupied the next, and 
vice versa (Wilcox and Murphy 1985, p. 882; Harrison 1994, p. 114).

Previous Federal Actions

    For information on previous Federal actions concerning the bay 
checkerspot butterfly, refer to the final listing rule published in the 
Federal Register on September 18, 1987 (52 FR 35366), and the 
designation of critical habitat published in the Federal Register on 
April 30, 2001 (66 FR 21450). On September 30, 1998, we published a 
recovery plan for Serpentine Soil Species of the San Francisco Bay Area 
that included the bay checkerspot butterfly. On April 30, 2001, we 
designated critical habitat on approximately 23,903 acres (9,673 
hectares) of land in San Mateo and Santa Clara Counties, California. On 
March 30, 2005, the Home Builders Association of Northern California 
filed suit against the Service challenging critical habitat for bay 
checkerspot butterfly and other species (Home Builders Association of 
Northern California v. U.S. Fish and Wildlife Service cv-01363-LKK-
JFM.) On February 24, 2006, a settlement agreement was reached that 
requires the Service to reevaluate the final critical habitat rule in 
light of the standards for designating critical habitat set forth in 
Home Builders Association of Northern California v. U.S. Fish and 
Wildlife Service, 268 F. Supp. 2d 1197 (E.D. Cal 2002) and any other 
applicable law. As a result, we propose revisions to the rule. The 
settlement stipulated that any proposed revisions to the bay 
checkerspot butterfly designation be submitted to the Federal Register 
for publication on or before August 14, 2007.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as: (i) The 
specific areas within the geographical area occupied by a species, at 
the time it is listed in accordance with the Act, on which are found 
those physical or biological features (I) essential to the conservation 
of the species and (II) that may require special management 
considerations or protection; and (ii) specific areas outside the 
geographical area occupied by a species at the time it is listed, upon 
a determination that such areas are essential for the conservation of 
the species.
    Conservation, as defined under section 3 of the Act, means the use 
of all methods and procedures that are necessary to bring any 
endangered species or threatened species to the point at which the 
measures provided under the Act are no longer necessary.
    Critical habitat receives protection under section 7 of the Act 
through the prohibition against Federal agencies carrying out, funding, 
or authorizing the destruction or adverse modification of critical 
habitat. Section 7 of the Act requires consultation on Federal actions 
that may affect critical habitat. The designation of critical habitat 
does not affect land ownership or establish a refuge, wilderness, 
reserve, preserve, or other conservation area. Such designation does 
not allow government or public access to private lands. Section 7 of 
the Act is a purely protective measure and does not require 
implementation of restoration, recovery, or enhancement measures.
    For inclusion in a critical habitat designation, habitat within the 
geographical area occupied by the species at 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)).
    Occupied habitat that contains the features essential to the 
conservation of the species meets the definition of critical habitat 
only if its essential features may require special management 
considerations or protection.
    We can designate unoccupied areas as critical habitat. However, 
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.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific and commercial data available. 
Further, our Policy on Information Standards Under the Endangered 
Species Act (published in the Federal Register on July 1, 1994 (59 FR 
34271)), the Information Quality Act (section 515 of the Treasury and 
General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 
106-554; H.R. 5658) and our associated Information Quality Guidelines, 
provide criteria, establish procedures, and provide guidance to ensure 
that our designation represent the best scientific data available. They 
require our biologists, to the extent consistent with the Act and with 
the use of the best scientific data available, to use primary and 
original sources of information as the basis for recommendations to 
designate critical habitat. When we are determining which areas to 
propose as critical habitat, our primary source of information is 
generally the listing package for the species. Additional information 
sources may include the recovery plan for the species, articles in 
peer-reviewed journals, conservation plans developed by States and 
counties, scientific status surveys and studies, biological 
assessments, or other unpublished materials and expert opinion or 
personal knowledge.
    Habitat is often dynamic, and species may move from one area to 
another over time. Furthermore, we recognize that designation of 
critical habitat may not include all habitat areas that we may 
eventually determine are necessary for the recovery of the species. For 
these reasons, a critical habitat designation does not signal that 
habitat outside the designated area is unimportant or may not be 
required for recovery.
    Areas that support populations of the bay checkerspot butterfly, 
but are outside the critical habitat designation, will continue to be 
subject to conservation actions we implement under section 7(a)(1) of 
the Act. They are also subject to the regulatory protections afforded 
by the section 7(a)(2) jeopardy standard, as determined on the basis of 
the best available information at the time of the agency action. 
Federally funded or permitted projects affecting listed species outside 
their designated critical habitat areas may still result in jeopardy 
findings in some cases. Similarly, critical habitat designations made 
on the basis of the best available information at the time of 
designation will not control the direction and substance of future 
recovery plans, habitat conservation

[[Page 48181]]

plans (HCPs), or other species conservation planning efforts if new 
information available to these planning efforts calls for a different 
outcome.

Methods

    As required by section 4(b) of the Act, we used the best scientific 
data available in determining areas that contain the features essential 
to the conservation of the bay checkerspot butterfly, and areas 
unoccupied at the time of listing that are essential to the 
conservation of the bay checkerspot butterfly or both. This includes 
information used to prepare the 2001 designation of critical habitat 
(66 FR 21450), the Recovery Plan for Serpentine Soil Species of the San 
Francisco Bay Area, the CNDDB, published and unpublished papers, 
reports, academic theses and surveys, Geographic Information System 
(GIS) data (such as species occurrence, soil data, land use, 
topography, and ownership maps), correspondence to the Service from 
recognized experts, and other information as available.
    We have also reviewed available information that pertains to the 
habitat requirements of this species including:
    <bullet> Data in reports submitted during section 7 consultations 
and submitted by biologists holding section 10(a)(1)(A) recovery 
permits;
    <bullet> Research published in peer-reviewed articles and presented 
in academic theses and agency reports;
    <bullet> Information from species experts; and
    <bullet> Information gathered during site visits to bay checkerspot 
butterfly habitat in Santa Clara County.

Primary Constituent Elements

    In accordance with section 3(5)(A)(i) of the Act and regulations at 
50 CFR 424.12, in determining which areas to propose as revised 
critical habitat within areas occupied by the species at the time of 
listing, we consider the primary constituent elements (PCEs) to be 
those physical and biological features 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 the bay checkerspot butterfly are 
derived from the biological needs of the bay checkerspot butterfly as 
described in the Background sections of this proposal and in the final 
listing rule published in the Federal Register on September 18, 1987 
(52 FR 35366).

Space for Individual and Population Growth and for Normal Behavior

    The bay checkerspot butterfly occurs in open grassland habitats of 
the San Francisco Bay in Santa Clara and San Mateo counties. Prior to 
European settlement, California grasslands are believed to have been 
comprised of perennial bunchgrasses with both annual and perennial 
forbs (Jackson 1985, p. 349; Huenneke et al. 1990, p. 478; Corbin and 
D'Antonio 2004, p. 1273). Today, grassland habitats in California are 
almost entirely composed of Eurasian annual grasses and forbs (Jackson 
1985, p. 349; Huenneke et al. 1990, p. 478; Seabloom et al. 2003, p. 
13384; Malmstrom et al. 2005, p. 154) where classical succession does 
not occur (Huenneke et al. 1990, p. 478; Kie 2005, p. 2). Plant density 
in nonnative grasslands is extremely high compared to plant density in 
native grasslands (Malmstrom et al. 2005, p. 154). Dyer and Rice (1997, 
pp. 484, 490) estimated that pre-settlement densities of some native 
species was between 1-7 mature individuals per square meter. This is in 
sharp contrast to densities of several nonnative grasses and forbs; a 
study by Biswell and Graham (1958, p. 116-117) found densities of some 
nonnative species, such as Bromus hordeaceus, Erodium botrys, and 
Festuca megalura, to be 20,000 to 78,000 mature individuals per square 
meter. Heady (1958, p. 405) observed somewhat lower densities than 
Biswell and Graham (1958) of the same species with densities ranging 
from 4,750 to 28,370 mature individuals per square meter. This suggests 
that grasslands with nonnative species have large numbers of 
individuals, but few species (i.e., low diversity). According to 
Malmstrom et al. (2005, p. 154), California native grasslands, prior to 
the introduction of Eurasian vegetation, were likely a mix of forbs and 
grasses, but today these species are out-competed by nonnative grasses.
    Serpentine or serpentine-like soils are characterized as shallow, 
nutrient poor (typically lacking in nitrogen and calcium), containing 
high magnesium (and other heavy metals), and with low water holding 
capacity. All currently occupied habitats of the bay checkerspot 
butterfly occur on serpentine or serpentine-like grasslands that 
support at least two of the subspecies' larval host plants. Due to poor 
nutrient availability, as well as other soil characteristics, 
serpentine and serpentine-like grasslands are, for the most part, 
inhospitable to the nonnative grasses and forbs that dominate other 
California grassland ecosystems; these areas are essentially isolated 
patches where native grassland vegetation is capable of persisting in a 
landscape, otherwise dominated by nonnative and invasive species. These 
soils support many rare plant species including populations of the bay 
checkerspot butterfly's larval host plants Plantago erecta, Castilleja 
densiflora, and Castilleja exserta. However, these remnant native 
grasslands are being invaded and crowded out by nonnative species and 
are under increased pressure as a result of nitrogen deposition 
primarily caused by air pollution (Weiss 1999, p. 1477). The enrichment 
of these soils with nitrogen has allowed nonnative grasses to invade 
these traditionally nutrient poor habitats, and the result is a thick 
mat of standing vegetation (thatch). Dense thatch has been reported to 
inhibit the growth of native forbs (Huenneke et al. 1990, p. 488). 
Huenneke et al. (1990, p. 489) found that treatment areas that were 
fenced to prevent grazing resulted in an increase in native perennial 
and nonnative annual grasses, but in grazed treatments forbs continued 
to represent an important component. Low and moderate grazing regimes, 
approximately one cow per 10 acres, have been implemented on portions 
of Tulare Hill and Coyote Ridge. Because cattle tend to select 
nonnative grasses over native forbs (Weiss 1999, p. 1484), the result 
of these grazing regimes has been local increases of the bay 
checkerspot butterfly's larval host plants.
    The bay checkerspot butterfly requires areas with topographic 
diversity (warm south and west slopes as well as cool north and east 
slopes), because some slopes become unfavorable depending on annual 
weather conditions and time of year. Fleishman et al. (2000, p. 34) 
defined warm and very warm slopes as south- and west-facing slopes with 
a tilt greater than 11 and 17 degrees, respectively, with cool and very 
cool slopes defined as those facing north or east with a tilt greater 
than 11 and 17 degrees, respectively. Harrison et al. (1988, p. 365) 
defined warm slopes as those facing south, southwest, and southeast 
with a tilt greater than 7 degrees and cool slopes as those facing 
north or northeast with a tilt greater than 7 and 12 degrees, 
respectively. In

[[Page 48182]]

hot, dry years, north- and east-facing slopes remain cool and moist 
longer and larval host plants tend to senesce (reach later maturity; 
grow old) later than those on other slopes (Weiss et al. 1988, p. 1493; 
Fleishman et al. 2000, p. 33). The delayed senescence of plants on 
cool/moist slopes allows larvae to reach their fourth instar (larval 
development stage/molt) and enter diapause (dormancy) before host 
plants become inedible. Larvae that are not able to enter diapause 
prior to host plant senescence starve and die (Singer and Ehrlich 1979, 
p. 54; White 1987, p. 209; Weiss 1996, p. 6). Because host plants on 
cool slopes can flower and senesce three or more weeks after those on 
warmer slopes (Weiss et al. 1988, p. 1493), cool slopes are especially 
important during extremely dry years (i.e., droughts). However, larval 
feeding and growth tends to increase on warm slopes because they 
receive more solar exposure than other slopes; this allows post-
diapause larvae to grow quickly and pupate earlier than those on cool 
slopes. Individuals that pupate earlier have a much greater chance of 
reproductive success (Weiss et al. 1988, pp. 1493-94).
    In addition to weather, slope is important relative to the timing 
of egg laying. As the adult mating season (referred to as the flight 
season) progresses, females tend to lay more eggs on cool slopes than 
on warm slopes (Weiss et al. 1988, p. 1493). The timing of the adult 
flight season varies with weather, but can generally be described as 
occurring from late February to early May (Murphy et al. 2004, p. 25). 
Larvae that hatch late in the flight season have a greater chance of 
reaching diapause on cooler slopes than those laid at the same time on 
warm slopes, because host plants mature later on cool slopes. The 
pattern of larval survivorship across different slopes changes from one 
year to the next as well as within years; therefore, it becomes 
important that a variety of slopes and aspects are present to support 
the butterfly and its host plants.

Food

    The primary larval host plant for the bay checkerspot butterfly is 
a small, annual, native plantain (Plantago erecta). The bay checkerspot 
butterfly also requires the presence of a secondary host plant, either 
purple owl's-clover (Castilleja densiflora) or exserted paintbrush 
(Castilleja exserta) (Singer 1972, p. 76; Murphy and Ehrlick 1980, p. 
316; Fleishman et al. 1997, p. 32; Weiss 1999, p. 1478; Hellman 2002, 
pp. 926, 931). The need for a secondary host plant is related to the 
timing of senescence of the primary host plant. In many years, the 
primary host plant dries up before larvae have reached their fourth 
instar and entered diapause. Because purple owl's-clover and exserted 
paintbrush tend to senesce later than the plantain, larvae that switch 
to these plants may extend their feeding season long enough to reach 
their fourth instar.
    Adult bay checkerspot butterflies utilize nectar from a variety of 
plants associated with serpentine grasslands. Commonly used nectar 
plants include desert parsley (Lomatium spp.), California goldfields 
(Lasthenia californica), tidy-tips (Layia platyglossa), sea muilla 
(Muilla maritima), scytheleaf onion (Allium falcifolium), false 
babystars (Linanthus androsaceus), and intermediate fiddleneck 
(Amsinckia intermedia). Egg production (both size of individual eggs 
and number of eggs) significantly increases with the intake of 
nutrients (Murphy et al. 1983, p. 261; Boggs 1997a, pp. 181, 184). 
Murphy et al. (1983, p. 261) observed increased longevity and reduced 
weight loss in adult bay checkerspot butterflies that were fed sugar. 
Murphy et al. (1983, p. 261) also observed that amino acid intake 
produced heavier eggs and that larvae from these eggs had an increased 
likelihood of survival. A study by O'Brien et al. (2004, p. 286), which 
examined egg production and adult diet in three species of butterflies 
in the family Nymphalidae, found the percent of carbon in eggs, derived 
from adult diets, increased with time (up to 80 percent in one 
species). Currently there is no information regarding nectar usage on 
adult male longevity or reproduction.
    All of the host plants have ranges greater than that of the bay 
checkerspot butterfly and the larval plants may be found in areas that 
do not meet the life-history requirements of the bay checkerspot 
butterfly. For example, Castilleja densiflora historically occurred 
throughout California, Plantago erecta occurred throughout California 
and Oregon, and Castilleja exserta occurred in California, Arizona, New 
Mexico, Hawaii, and Massachusetts (USDA 2007). In addition, the range 
of many of the nectar sources is also much greater than the geographic 
range of the bay checkerspot butterfly.

Water

    Launer et al. (1993, p. 45) observed large numbers (hundreds) of 
checkerspots, predominately females, ``puddling'' at a creek in 1990. 
Puddling is a behavior observed in some butterfly species in which 
adults take up moisture from saturated soils. Launer et al. (1993, pp. 
48-50) provided several alternative hypotheses for explaining the 
observed puddling behavior, since the bay checkerspot butterfly was not 
traditionally believed to be a puddling species. One hypothesis was 
that because the observation was made during an extremely dry period 
(third year of a drought), the creek was providing resources that were 
otherwise unavailable (or only in low quantities), and that moist areas 
may provide an increased chance of survival during drought periods 
(Launer et al. 1993, p. 49). Murphy et al. (1983, p. 261) observed that 
under laboratory conditions female bay checkerspot butterflies lived 
longer when provided water. Checkerspots are not generally considered 
puddling butterflies, and some researchers consider it very unusual for 
members of the genus Euphydryas to exhibit puddling behavior (Emmel 
2007, p. 1). However, the observation of large numbers of bay 
checkerspot butterflies taking water from the banks of a creek provides 
evidence for a need for aquatic features (i.e., water).

Soils

    The bay checkerspot butterfly inhabits areas with soils derived 
from serpentinite ultramafic rock (Montara, Climara, Henneke, Hentine, 
and Obispo soil series) or similar non-serpentine soils (such as Inks, 
Candlestick, Los Gatos, Fagan, and Barnabe soil series). Serpentine 
soils are characterized as having low amounts of nutrients (such as 
nitrogen and calcium); high concentrations of magnesium; low water-
holding capacity; and patches of heavy metals. These characteristics 
create a refuge for many rare native plants, because other plant 
species are not capable of surviving in these soils (nitrogen is often 
a limiting factor in plant growth). The nonserpentine soils mentioned 
above have characteristics that allow them to support grassland 
communities similar to those on serpentine soils, such as low water-
holding capacity, slight to moderate acidity (pH 5.8), and varied 
topography (slopes ranging from 5 to 75 percent). Together, these soils 
provide the last remaining habitat within the geographic range of the 
bay checkerspot butterfly where the larval host plants are capable of 
persisting and not be outcompeted or crowded out by introduced annuals. 
Some researchers have hypothesized that the bay checkerspot butterfly 
once occurred widely in nonserpentine grasslands throughout the San 
Francisco Bay area prior to the invasion of nonnative invasive grasses 
and forbs

[[Page 48183]]

(Murphy and Weiss 1988, p. 197), but have subsequently been relegated 
to these fragmented habitats due to plant competition.

Cover

    Larval bay checkerspot butterflies enter diapause in order to 
survive the summer dry period, once their host plants senesce. Diapause 
is an obligatory dormancy period that begins once larvae reach their 
fourth instar, which takes approximately three weeks, but may vary 
considerably depending on abiotic factors (non-living components of the 
biosphere) (Kuussaari, et al. 2004, p. 140). Evidence suggests that 
larvae may be capable of entering diapause more than once (White and 
Levin 1981, p. 355; Harrison 1989, p. 1242; Kuussaari et al. 2004, pp. 
139-140; Mattoni et al. 1997, p. 106). Diapause continues until the 
summer dry period is broken by the onset of the rainy season, generally 
some time in November-January (Weiss 1996, p. 6). The larvae pass 
through diapause in holes and cracks in the soil and under rocks (White 
1987, p. 209; Weiss 1996, p. 7) that provide protection from weather, 
predation, and parasitism. White (1986, p. 58) observed that pupal 
mortality rates, as well as cause of mortality (i.e., predation, 
parasitism, crushing, or disease), varied significantly depending on 
location, with significant differences in mortality between 
microhabitat types. For example, crushing was most likely in areas of 
bare ground, whereas pupae in areas with dense vegetation had a higher 
rate of mortality due to mold and viruses.

Primary Constituent Elements for the Bay Checkerspot Butterfly

    Within the geographical area we know to be occupied by the bay 
checkerspot butterfly, we must identify the PCEs that may require 
special management considerations or protections.
    Based on the above needs and our current knowledge of the life 
history, biology, and ecology of the species, we have determined that 
bay checkerspot butterfly PCEs are:
    (1) The presence of annual or perennial grasslands with little to 
no overstory that provide north/south and east/west slopes with a tilt 
of more than 7 degrees for larval host plant survival during periods of 
atypical weather (e.g., drought). Common grassland species include wild 
oats (Avena fatua), soft chess (Bromus hordeaceus), California oatgrass 
(Danthonia californica), purple needlegrass (Nassella pulchra), and 
Idaho fescue (Festuca idahoensis); less abundant in these grasslands 
are annual and perennial forbs such as filaree (Erodium botrys), true 
clovers (Trifolium sp.), dwarf plantain (Plantago erecta), and turkey 
mullein (Croton setigerus).
    (2) The presence of the primary larval host plant, dwarf plantain 
(Plantago erecta) and at least one of the secondary host plants, purple 
owl's-clover (Castilleja densiflora) or exserted paintbrush (Castilleja 
exserta), are required for reproduction, feeding, and larval 
development.
    (3) The presence of adult nectar sources for feeding. Common nectar 
sources include desertparsley (Lomatium spp.), California goldfields 
(Lasthenia californica), tidy-tips (Layia platyglossa), sea muilla 
(Muilla maritima), scytheleaf onion (Allium falcifolium), false 
babystars (Linanthus androsaceus), and intermediate fiddleneck 
(Amsinckia intermedia).
    (4) Aquatic features such as wetlands, springs, seeps, streams, 
lakes, and ponds and their associated banks, that provide moisture 
during periods of spring drought; these features can be ephemeral, 
seasonal, or permanent.
    (5) Soils derived from serpentinite ultramafic rock (Montara, 
Climara, Henneke, Hentine, and Obispo soil series) or similar soils 
(Inks, Candlestick, Los Gatos, Fagan, and Barnabe soil series) that 
provide areas with fewer aggressive, nonnative plant species for larval 
host plant and adult nectar plant survival and reproduction.
    (6) The presence of stable holes and cracks in the soil, and 
surface rock outcrops that provide shelter for the larval stage of the 
bay checkerspot butterfly during summer diapause.
    We have designed this proposed revision to the critical habitat 
designation for the conservation of PCEs necessary to support the life-
history functions that were the basis for our proposal and the areas 
containing those PCEs. Because not all life-history functions require 
all the PCEs, not all proposed critical habitat will contain all the 
PCEs.
    We propose units for designation based on sufficient PCEs being 
present to support one or more of the species' life-history functions. 
Some units contain all PCEs and support multiple life processes, while 
some units contain only a portion of the PCEs necessary to support the 
species' particular use of that 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 contain the 
primary constituent elements may require special management 
considerations or protections. Threats to those features that define 
the PCEs for the bay checkerspot butterfly include habitat loss and 
fragmentation, invasion of exotic/invasive plants, nitrogen deposition 
(including NO<INF>X</INF> and ammonia), pesticide application 
(including drift), illegal collecting, fire, overgrazing, and gopher 
control.
    Critical habitat units 1, 2, and 5-10 may require special 
management due to threats posed by habitat loss and fragmentation 
resulting from urban and suburban growth. Development pressure in Santa 
Clara County is likely to increase in the foreseeable future. The City 
of San Jose has developed a General Plan to guide development in the 
area into the year 2020 and is not part of the proposed Santa Clara 
County HCP. Portions of the general plan share boundaries with critical 
habitat units, including Units 5, 6, 7, and 9. Some currently or 
proposed projects include the Coyote Valley Specific Plan, which 
includes residential and industrial developments, the Coyote Valley 
Research Park, numerous projects currently proposed for inclusion under 
the Santa Clara Habitat Conservation Plan, as well as numerous single 
family residential units and road grading projects. In 1997, the 
California Court of Appeals 6th District found that the City of San 
Jose's zoning did not have to be consistent with the City's General 
Plan (Juarez et al. v. City of San Jose et al. (6th District, Case No. 
CV736436 H014755)); this may result in areas not currently within the 
urban growth boundary still being proposed for development, including 
those areas that are environmentally sensitive such as critical habitat 
units. In addition, portions of Unit 10 are within the planning 
boundaries of the City of Morgan Hill's General Plan.
    All proposed revised critical habitat units would likely require 
special management due to the threats posed by the invasion of 
nonnative vegetation that result from air pollution (primarily nitrogen 
deposition) (Weiss 1999, p. 1477). Nitrogen deposition enriches 
serpentine and serpentinelike soils that are usually nutrient poor. 
Increased nitrogen (typically a limiting factor in plant growth) in 
these areas has resulted in the accumulation of a thick carpet of 
vegetative material (thatch) each year. Dense thatch has been reported 
to inhibit the growth of native forbs (Huenneke et al. 1990, p. 488). 
The increased density of nonnative vegetation would negatively affect 
the bay checkerspot butterfly's host plant through competition and 
crowding (Weiss 1999, p. 1481).

[[Page 48184]]

    All proposed revised critical habitat units may require special 
management due to the threats posed by pesticide use. Use of pesticides 
(i.e., insecticides, and herbicides) in or adjacent to critical habitat 
may affect populations of butterflies within these units. Populations 
adjacent to areas where there is intensive use of pesticides may be at 
risk as a result of drift and runoff. In at least one instance, larvae 
appeared to have survived a direct application of malathion by the 
California Department of Food and Agriculture; however, the application 
was conducted in the fall of 1981 when larvae were still in diapause.
    All proposed revised critical habitat units may require special 
management due to the threat posed by fire. No bay checkerspot 
butterflies were seen on San Bruno Mountain after a wildfire swept 
across portions of the mountain in 1986. However, only about 50 adult 
butterflies were observed on the mountain in 1984 (CNDDB 2006), so 
their subsequent disappearance may not have been solely related to the 
1986 fire. The use of fire as a management regime in serpentine 
grasslands has not been well studied. Studies that have been conducted 
are primarily monitoring opportunities made possible after wildfires.
    Use of prescribed burns may be an effective management tool 
depending on timing, intensity, and size of the area burned. Prescribed 
burns are widely used as a land management tool to counter the invasion 
of nonnative and invasive plant species and to stimulate growth and 
reproduction of those species adapted to disturbance. An experimental 
prescribed burn was conducted over a small portion of Coyote Ridge in 
2006, but the results are not yet known.
    All proposed revised critical habitat units may require special 
management due to the threat posed by over or under grazing. Although 
grazing is frequently used as a management tool to reduce standing 
biomass of nonnative vegetation, overgrazing can be a potential threat 
if grazing densities are not appropriately managed. Huenneke et al. 
(1990, p. 489) and Weiss (1999, p. 1480) found that areas that were 
fenced to prevent grazing or sites where grazing had been removed, 
resulted in an increase in annual grasses, which crowd out forbs 
including those that are essential to the bay checkerspot butterfly. 
Forbs continued to be an important component in areas that included 
limited grazing. Therefore, we consider a limited amount of grazing to 
be beneficial to bay checkerspot habitat.
    All proposed revised critical habitat units may require special 
management due to the threats posed by gopher control. Larval host 
plants have been observed to stay green and edible longer when located 
on or near soils recently tilled by gophers (Thomomys bottae) (Singer 
1972, p. 75; Murphy et al. 2004, p. 26). Huenneke et al. (1990, p. 490) 
hypothesized that soil disturbance by gophers may limit the performance 
of grasses similar to results caused by grazing, with grazers reducing 
the standing grass biomass in a system, which allowed the persistence 
of small forbs. Larval host plants that stay green longer into the dry 
season may allow prediapause larva to reach the fourth instar.

Criteria Used To Identify Critical Habitat

    All proposed revised critical habitat units are within areas that 
we have determined were occupied at the time of listing or are 
currently occupied, and that contain sufficient PCEs to support life 
history functions essential for the conservation of the subspecies. 
Lands were proposed for designation based on sufficient PCEs being 
present to support the life processes. Some lands contain only a 
portion of the PCEs necessary to support the particular use of that 
habitat.
    We have defined occupied critical habitat as: (1) Those grasslands 
on serpentine or serpentine-like soils containing the PCEs that were 
occupied by the bay checkerspot butterfly at the time of listing in 
1987 or (2) those grasslands on serpentine or serpentine-like soils 
containing the PCEs that have been occupied since the time of listing. 
Units did not have to contain all PCEs. We used information compiled 
for the proposed and final listing rules, reports prepared by San Mateo 
County Parks, Santa Clara County Parks, the CNDDB, researchers, 
consultants, and published and unpublished literature to identify the 
specific locations occupied by the bay checkerspot butterfly at the 
time of listing and currently occupied.
    The currently occupied habitat for the bay checkerspot butterfly is 
highly fragmented and isolated; the majority of all extant occurrences 
are within an approximate 9 mile (mi) (14.5 kilometer (km)) radius in 
Santa Clara County, California. The population estimates in San Mateo 
County are extremely small and those in Santa Clara County have 
declined significantly in recent years. As a result of population 
declines and fragmented habitats, all areas currently known to support 
the bay checkerspot butterfly are being proposed for designation.
    Several areas occupied by the bay checkerspot butterfly at the time 
of listing are not currently occupied. Some of these areas have been 
surveyed since listing and no bay checkerspot butterflies were 
observed; however, not all of the units have been recently surveyed 
and, due to the metapopulation dynamics of the subspecies, it is 
possible that the subspecies has recolonized some of these areas. The 
metapopulation dynamics of the subspecies has shown that population 
fluctuations occur and extirpation and recolonization is a normal 
occurrence for the bay checkerspot butterfly (Ehrlich et al. 1975, pp. 
221-228; 1980; Harrison 1994, pp. 111-128). The units that have been 
surveyed since the time of listing without observations of the 
subspecies include San Bruno Mountain, Pulgas Ridge, and Jasper Ridge 
Biological Preserve in San Mateo County, California. These areas are 
proposed for designation as critical habitat because they were all 
occupied at the time of listing and designation of these units will 
reduce the likelihood of extinction by providing source/sink (larger 
patches of high-quality habitat/small patches of marginal habitat/) 
areas and ``stepping stone'' (often smaller, unconnected areas that 
bridge the distance between larger blocks of suitable habitat) habitats 
for the subspecies. Since the bay checkerspot butterfly is susceptible 
to extreme weather events these additional units in San Mateo County 
will also reduce the risk of extinction from stochastic natural events, 
extreme weather conditions, and help to ensure survival of the 
subspecies by providing potential dispersal habitat for individuals 
that were reintroduced to Edgewood Park early in 2007.
    The distribution of proposed critical habitat areas (occupied and 
currently unoccupied) was selected to help reduce the level of habitat 
fragmentation within the geographic range of the bay checkerspot 
butterfly by providing dispersal and recolonization opportunities for 
the subspecies. The butterfly is considered relatively sedentary 
(Ehrlich 1965, p. 333; Harrison 1989, p. 50-51; Singer and Hanski 2004, 
p. 187) and reduced fragmentation should facilitate movements between 
habitat patches. McKechnie et al. (1975, p. 561) observed that out of 
several years of mark recapture studies only 1.7 percent of males and 
4.8 percent of females moved a distance of approximately 1,600 feet 
(ft.) (500 meter (m)). These figures are consistent with observations 
made by Weiss (1996, p. 93) who reported that adult movement declined 
with increasing distance with only about 5

[[Page 48185]]

percent moving between 656 to 984 ft (200 to 300 m).
    Although the butterfly is considered sedentary, long-distance 
movements have been documented. The longest documented movements 
observed by Harrison (1989, p. 1239) were 3.5 mi (5.6 km) for one male 
and 2 mi (3.2 km) for one female. Murphy (Service 2001, p. 21451) 
reported movement of bay checkerspot butterflies of 4.7 mi (7.6 km). 
Harrison et al. (1988, p. 371) hypothesized that habitats greater than 
4.3 to 5.0 mi (7 to 8 km) from a source population (Coyote Ridge in the 
study) were unlikely to ever sustain populations of the bay checkerspot 
butterfly. This hypothesis was based on the presence or absence of 
adult bay checkerspot butterflies in Santa Clara County in apparently 
suitable habitat and their relative distance from Coyote Ridge. The 
study was not designed to predict the bay checkerspot butterfly's upper 
limit of dispersal. Harrison (1989, p. 371) hypothesized that the rate 
of colonization, relative to the rate of extinction, was too low to 
maintain populations of the bay checkerspot butterfly on distant 
habitat patches (distant from a source patch). Given the subspecies' 
historical distribution, its metapopulation dynamics, and its sedentary 
tendencies, reducing habitat fragmentation, by designating occupied and 
currently unoccupied habitat that provide quality stepping stone 
habitat, will increase the likelihood of recolonization of more distant 
patches of suitable habitat.
    We have determined that, due to the limited availability of habitat 
for the subspecies, its limited distribution, and its generally low 
dispersal tendencies, the long-term conservation of the bay checkerspot 
butterfly is dependent upon the protection of habitat that was occupied 
at the time of listing as well as habitat that is currently occupied. 
The presence of all six PCEs was not a requirement to designating a 
unit as critical habitat; however, all twelve units currently support 
all six PCEs.

Mapping

    Geospatial datasets were used within ArcGIS/ArcMap 9.2 
(Environmental Systems Research Institute, Redlands, California) and 
analyzed to define the areas that best contain the features that are 
essential to the conservation of the bay checkerspot butterfly. To 
delineate the proposed units of occupied critical habitat, we plotted 
all occurrence records of bay checkerspot butterfly known at the time 
of listing or currently known on maps as polygons. We then examined 
whether these areas supported the PCEs.
    When determining the proposed revisions to critical habitat 
boundaries within this proposed rule, we made every effort to avoid 
including developed areas such as buildings, paved areas, and other 
structures that lack PCEs for the bay checkerspot butterfly. The scale 
of the maps we prepared under the parameters for publication within the 
Code of Federal Regulations may not reflect the exclusion of such 
developed areas. Any such structures and the land under them 
inadvertently left inside critical habitat boundaries shown on the maps 
of this proposed revision to critical habitat have been excluded by 
text in this proposed rule and are not proposed for designation as 
critical habitat. Therefore, Federal actions limited to these areas 
would not trigger section 7 consultation, unless they may affect the 
subspecies or primary constituent elements in adjacent critical 
habitat.
    We are proposing to revise the critical habitat designation on 
lands that we have determined were occupied at the time of listing or 
are currently occupied and contain sufficient primary constituent 
elements to support life-history functions essential for the 
conservation of the subspecies.
    The units being proposed for revised designation are based on 
sufficient PCEs being present to support bay checkerspot butterfly life 
processes. Some units contain all PCEs and support multiple life 
processes. Some units contain only a portion of the PCEs necessary to 
support the bay checkerspot butterfly particular use of that habitat. 
Where a subset of the PCEs is present (such as presence of larval host 
plants, adult nectar plants, and grasslands with varied topography), it 
has been noted that only PCEs present at designation would be 
protected.
    Section 10(a)(1)(B) of the Act authorizes us to issue permits for 
the take of listed animal species incidental to otherwise lawful 
activities. An incidental take permit application must be supported by 
a habitat conservation plan (HCP) that identifies conservation measures 
that the permittee agrees to implement to minimize and mitigate the 
impacts on the species by the requested incidental take. We often 
exclude non-Federal public lands and private lands that are covered by 
an existing operative HCP and executed implementation agreement (IA) 
under section 10(a)(1)(B) of the Act from designated critical habitat 
because the benefits of exclusion outweigh the benefits of inclusion as 
discussed in section 4(b)(2) of the Act. To date, Pacific Gas and 
Electric's Metcalf Evendale/Monta Vista Line is the only HCP that has 
been completed that includes the bay checkerspot butterfly as a covered 
species. The HCP was issued in 1998 and was in effect for a period of 3 
years, and covered approximately 4 ac (1.6 ha). Because the HCP has 
expired, we are not proposing to exclude lands once covered under this 
HCP. The San Bruno Mountain HCP (SBMHCP) Amendment 5 would add the 
Callippe silverspot butterfly (Speyeria callippe callippe) and the bay 
checkerspot butterfly to the existing HCP. The Callippe silverspot 
butterfly shares some habitat requirements similar to the bay 
checkerspot butterfly, specifically the use of open grasslands. We are 
proposing to exclude Unit 1 from critical habitat based on the 
development of amendment 5 of the SBMHCP (See Application of Section 
4(b)(2) of the Act). Stanford University is in the process of 
developing an HCP for lands owned by Stanford University, which 
includes the Jasper Ridge Biological Preserve (Unit 4); however as 
currently proposed, this HCP would not include the bay checkerspot 
butterfly or any other butterfly species, so this HCP is not being 
proposed for exclusion. Santa Clara County is currently in the early 
stages of developing a regional HCP that would encompass the majority 
of Santa Clara County, including all proposed critical habitat units in 
the county (Units 5 through 12); this HCP is still in the early stages 
of development, but as proposed would include the bay checkerspot 
butterfly. However, the Santa Clara County HCP is not expected to be 
finalized for several years. We are seeking comments regarding areas 
that have management plans or HCPs that may potentially be excluded 
from the critical habitat designation (see Public Comments Solicited 
section above).

Summary of Changes From Previously Designated Critical Habitat

    The areas identified in this proposed rule constitute a proposed 
revision from the areas we designated as critical habitat for bay 
checkerspot butterfly on April 30, 2001 (66 FR 21450). The primary 
differences include the following:
    (1) The 2001 critical habitat rule (66 FR 21450) consisted of 15 
units comprising a total of 23,903 ac (9,673 ha). This proposed 
revision includes 12 units comprising a total of 19,746 ac (7,990 ha). 
The majority of the proposed units correspond to those in the 2001 
designation. However, we have refined the units to eliminate areas that 
are unlikely to support the PCEs such as areas that are forested or 
have since been developed. The unit formerly designated as 
Communications Hill (2001 unit 6) is not included in this

[[Page 48186]]

proposed rule because that unit has since been developed to a large 
degree and the remaining habitat has been degraded by the invasion of 
nonnative and invasive grasses and is unlikely to support sufficient 
PCEs to meet one or more of the life-history requirements of the 
subspecies. In addition, the Pulgas Ridge unit (proposed unit 2) is new 
in this proposed designation and is included because it represents an 
area that was historically known to support the subspecies, is 
currently undeveloped, is expected to serve as a ``stepping stone'' 
between the two southern units in San Mateo County (proposed units 4 
and 5) and the San Bruno Mountain unit (proposed Unit 1), and can 
provide additional habitat to support a core population in San Mateo 
County. Currently the distance between proposed Unit 1 and proposed 
Unit 2 is greater than the published dispersal distance of the bay 
checkerspot butterfly; however, a number of small and fragmented 
patches of intervening grasslands occur along the Interstate 280 
corridor between proposed Unit 1 and 2 that would be expected to serve 
as additional stepping stones to potentially allow for movement between 
these two units. The numerous small patches of grassland habitat 
between units are not proposed to be designated as critical habitat 
because the Service has no information regarding the presence of 
sufficient PCEs within these areas.
    (2) We propose to revise the PCEs and exclude ``pollinators of the 
bay checkerspot butterfly's food and nectar plants'' because the 
specific pollinators of each host and nectar plant are not known and 
the presence of the plants themselves implies their successful 
reproduction. We clarify ``topography with varied slopes and aspects'' 
by defining those slope aspects that were important as well as defining 
warm versus cool slopes. We expand the previous PCE regarding 
``wetlands that provide moisture'' to reflect the range of water 
sources that may be used by the subspecies, such as the banks of 
streams and lakes. To provide for greater specificity we remove ``space 
for dispersal between habitable areas'' and include ``annual and 
perennial grasslands'' along with a description of that habitat type 
and plant species commonly found in them. We replace ``stands of'' the 
larval host plants with ``presence of'' because the density of host 
plants needed to support the subspecies has not been widely researched 
and does not appear in the literature, and thus is difficult to 
quantify at this time. Finally, to provide for greater specificity, we 
expand the previous PCE regarding soils to include a list of soils that 
are associated with serpentine or serpentine-like habitats.
    (3) We updated areas that are currently known to support 
populations of the bay checkerspot butterfly, as well as areas where 
the subspecies has since become extirpated. The number of known 
occurrences has continued to decline since the 2001 designation of 
critical habitat.

Proposed Revisions to the Critical Habitat Designation

    We are proposing 12 units as critical habitat for the bay 
checkerspot butterfly. These units, which generally correspond to those 
units in the 2001 designation, if finalized, would entirely replace the 
current critical habitat designation for the bay checkerspot butterfly 
in 50 CFR 17.95(i). The critical habitat areas we describe below 
constitute our current best assessment of areas that meet the 
definition of critical habitat for the bay checkerspot butterfly. The 
12 areas designated as critical habitat are: (1) San Bruno Mountain, 
(2) Pulgas Ridge, (3) Edgewood Park, and (4) Jasper Ridge in San Mateo 
County; and (5) Coyote Ridge (A and B), (6) Tulare Hill, (7) Santa 
Teresa Hills, (8) Calero Reservoir, (9) Kalana Hills (A and B), (10) 
Morgan Hill, (11) Bear Ranch, and (12) San Martin in Santa Clara 
County. The approximate area encompassed within each proposed critical 
habitat unit is shown in Table 2. Of the 19,746 ac (7,990 ha) being 
proposed as revised critical habitat, we are proposing to exclude 
approximately 775 ac (314 ha) from the final critical habitat 
designation under section 4(b)(2) of the Act. See Exclusions Under 
Section 4(b)(2) of the Act section for a detailed discussion.
    The approximate area (ac, ha) encompassed within each proposed 
revised critical habitat unit, land ownership, areas proposed for 
exclusion from the final critical habitat designation, and occupancy of 
units are shown in Tables 1, 2, and 3.

        Table 1.--Occupancy of Proposed Revised Critical Habitat Units for the Bay Checkerspot Butterfly
----------------------------------------------------------------------------------------------------------------
                                             Occupied at time of
                  Unit                             listing             Currently occupied      Acres  (hectares)
----------------------------------------------------------------------------------------------------------------
Unit 1: San Bruno Mt....................  Yes.....................  No......................           775 (314)
Unit 2: Pulgas Ridge....................  Yes.....................  No......................            179 (72)
Unit 3: Edgewood Park...................  Yes.....................  Yes.....................           409 (166)
Unit 4: Jasper Ridge....................  Yes.....................  No......................           329 (133)
Unit 5: Coyote Ridge....................  Yes.....................  Yes.....................      10,148 (4,107)
Unit 6: Tulare Hill.....................  Yes.....................  Yes.....................           747 (302)
Unit 7: Santa Teresa Hills..............  Yes.....................  Yes.....................       3,987 (1,613)
Unit 8: Calero Reservoir................  Yes.....................  Yes.....................         1,543 (624)
Unit 9: Kalana Hills:
    Subunit 9A..........................  Yes.....................  Yes.....................            170 (69)
    Subunit 9B..........................  Yes.....................  Yes.....................             56 (23)
Unit 10: Morgan Hill....................  Yes.....................  Yes.....................           507 (205)
Unit 11: Bear Ranch.....................  No......................  Yes.....................           393 (159)
Unit 12: San Martin.....................  Yes.....................  Yes.....................           502 (203)
                                         ===========================
    Total...............................  ........................  ........................      19,746 (7,990)
----------------------------------------------------------------------------------------------------------------


[[Page 48187]]


                   Table 2.--Critical Habitat Units Proposed for the Bay Checkerspot Butterfly
        [Area estimates reflect all land within critical habitat unit boundaries (in acres and hectares)]
----------------------------------------------------------------------------------------------------------------
                Unit                        Federal         State/local         Private              Total
----------------------------------------------------------------------------------------------------------------
Unit 1: San Bruno Mt................  0.................       577 (234)            198 (80)           775 (314)
Unit 2: Pulgas Ridge................  0.................        179 (72)                   0            179 (72)
Unit 3: Edgewood Park...............  0.................       303 (123)            106 (43)           409 (166)
Unit 4: Jasper Ridge................  0.................               0           329 (133)           329 (133)
Unit 5: Coyote Ridge................  0.................        110 (45)      10,148 (4,107)      10,148 (4,107)
Unit 6: Tulare Hill.................  0.................        102 (41)           645 (261)           747 (302)
Unit 7: Santa Teresa Hills..........  0.................     1,100 (445)       2,888 (1,169)       3,987 (1,613)
Unit 8: Calero Reservoir............  0.................     1,543 (624)                   0         1,543 (624)
Unit 9: Kalana Hills:
    Subunit 9A......................  0.................               0            170 (69)            170 (69)
    Subunit 9B......................  0.................               0             56 (23)             56 (23)
Unit 10: Morgan Hill................  0.................               0           507 (205)           507 (205)
Unit 11: Bear Ranch.................  0.................       393 (159)                   0           393 (159)
Unit 12: San Martin.................  0.................               0           502 (203)           502 (203)
                                     =====================
    Total...........................  0.................   4,308 (1,743)      15,438 (6,248)      19,746 (7,990)
----------------------------------------------------------------------------------------------------------------

    We present brief descriptions of all units, and reasons why they 
meet the definition of critical habitat for the bay checkerspot 
butterfly, below.

Unit 1: San Bruno Mountain

    Unit 1 consists of 775 ac (314 ha) in San Mateo County. The unit is 
primarily within San Bruno Mountain State and County Park, and is 
inside the boundaries of the San Bruno Mountain Area Habitat 
Conservation Plan. This unit was occupied at the time of listing and 
contains all the features essential for the conservation of the 
subspecies; however, the bay checkerspot butterfly has not been 
observed in this unit since a wildfire in 1986 and is currently 
unoccupied. Unit 1 represents the most northerly part of the 
subspecies' range on the San Francisco peninsula. Unit 1 is necessary 
as a supporting element of the San Mateo metapopulation because it 
represents the largest area of contiguous native grassland habitat that 
can support the bay checkerspot butterfly's host and nectar plants 
within San Mateo County. This unit currently supports populations of 
the federally endangered Callippe silverspot butterfly (Speyeria 
callippe callippe), endangered San Bruno elfin butterfly (Callophrys 
mossii bayensis), and endangered Mission blue butterfly (Icaricia 
icarioides missionensis), which all share similar habitat requirements 
as the bay checkerspot butterfly (including native grasslands). The 
majority of this unit, approximately 577 ac (233 ha), is within the 
boundaries of the San Bruno Mountain State and County Park, while the 
rest of the unit is privately owned (198 ac (80 ha)). As stated above, 
the distance between Unit 1 and the most proximate Unit 2 is greater 
than the published dispersal distance of the bay checkerspot butterfly; 
however, numerous small patches of intervening grasslands would be 
expected to serve as additional stepping stones to potentially allow 
for movement between these two units. These patches of grassland 
habitat are not proposed to be designated as critical habitat because 
the Service has no information regarding the presence of sufficient 
PCEs within these areas.

Unit 2: Pulgas Ridge

    Unit 2 consists of 179 ac (72 ha) in San Mateo County. The unit is 
located north of the intersection of Interstate 280 and Highway 92, 
east of Crystal Springs Reservoir. This unit was occupied at the time 
of listing and contains all the features essential for the conservation 
of the subspecies. Since listing, bay checkerspot butterflies in this 
unit have been extirpated, and the unit is currently unoccupied. 
However, the bay checkerspot butterfly formerly inhabited this unit, 
and the unit still contains all the PCEs. The land within this unit is 
owned by San Francisco Public Utilities Commission (SFPUC) and is part 
of the Peninsula watershed and not subject to development. This unit 
provides habitat for the subspecies, especially in years with 
particularly favorable weather conditions that support expanding 
populations of the bay checkerspot butterflies; represents a stepping 
stone location to nearby units; and secures the metapopulation dynamics 
of the subspecies by providing adjacent or dispersal habitat for the 
subspecies. According to the Peninsula watershed management plan (SFPUC 
2002, p. 2-11), portions of the watershed currently support populations 
of the endangered San Bruno elfin butterfly and the endangered Mission 
blue butterfly that share similar habitat requirements as the bay 
checkerspot butterfly (including native grasslands). In addition, 
according to the environmental impact statement for the Peninsula 
watershed management plan (SFPD 2001, p. XLB-7), portions of the 
watershed have a high probability of supporting the bay checkerspot 
butterfly and is designated as being serpentine grassland habitat.

Unit 3: Edgewood Park

    Unit 3 consists of 409 ac (166 ha) in San Mateo County. This unit 
is comprised primarily of the Edgewood Park and Natural Preserve, a San 
Mateo County park located east of the junction of Edgewood Road and 
Interstate 280. A portion of the unit, approximately 66 ac (27 ha), is 
owned by the San Francisco Public Utilities Commission and is part of 
the Peninsula watershed. This unit was occupied at the time of listing, 
is currently occupied, and contains all the features essential to the 
conservation of the subspecies. Until recently, this unit supported the 
main population of bay checkerspot butterflies within the San Mateo 
metapopulation. However, the subspecies was last observed here in 2002, 
after a steady decline beginning in the late 1990s. Larval bay 
checkerspot butterflies were reintroduced to this unit in early 2007. 
The population of bay checkerspot butterflies within this unit has been 
described as the only core population in San Mateo County, and without 
bay checkerspot butterflies in this unit, the subspecies in San Mateo 
is unlikely to persist, which would leave only the one metapopulation 
in Santa Clara County and would constitute a significant range 
reduction for the subspecies.

Unit 4: Jasper Ridge

    Unit 4 consists of 329 ac (133 ha) in San Mateo County. The unit is 
entirely

[[Page 48188]]

contained within Stanford University's Jasper Ridge Biological 
Preserve. The unit is 4 mi (7 km) southeast of Unit 3 and 23 mi (37 km) 
west-northwest of Unit 5, and represents the closest connection to the 
Santa Clara County metapopulation. This unit was occupied at the time 
of listing and contains all the features essential to the conservation 
of the subspecies. Decades of data and dozens of published scientific 
papers about the Jasper Ridge population of the bay checkerspot 
butterfly exist. The population was almost extirpated by prolonged 
drought in the late 1970s and again in the late 1980s. The unit was 
occupied at the time of listing; however the last known observation of 
the bay checkerspot butterfly in this unit was in 1997; the unit is 
currently unoccupied. The unit is managed as a biological preserve by 
Stanford University and suitable habitat, containing all the PCEs, 
continues to be present. Unit 4 is the closest unit in San Mateo County 
to populations of the bay checkerspot butterfly in Santa Clara County. 
While currently not known to be occupied, metapopulation dynamics may 
allow for natural recolonization to occur by bay checkerspot 
butterflies from Santa Clara County through the stepping stones of 
grassland habitat. There are numerous small patches of grassland 
habitat (potential stepping stones) between the units in San Mateo and 
Santa Clara Counties, although Unit 4 is the closest known area with 
sufficient PCEs. The numerous small patches of grassland habitat 
between units are not proposed to be designated as critical habitat 
because the Service has no information regarding the presence of 
sufficient PCEs within these areas. Unit 4 is also the closest suitable 
habitat with sufficient PCEs to the recently reintroduced Edgewood Park 
population and is necessary to support and maintain the Edgewood Park 
population (Unit 3), which in turn support the metapopulation dynamics 
of the bay checkerspot butterfly in San Mateo County by providing the 
necessary dispersal habitat and connectivity between the San Mateo and 
Santa Clara County populations.

Unit 5: Coyote Ridge

    This unit consists of 10,149 ac (4,107 ha) in Santa Clara County. 
The unit encompasses Units 8, 10, 11, and 12 as identified in the 2001 
designation. The unit is comprised almost entirely of the ridgeline 
known as Coyote Ridge, the majority of which is in private ownership, 
although approximately 110 ac (45 ha) are owned by Santa Clara County 
Parks for off-road vehicle recreation. To the north the unit is 
bordered by Yerba Buena Road near its intersection with U.S. Highway 
101 and Metcalf Road divides the unit almost in half. The unit was 
occupied at the time of listing and contains all the features essential 
to the conservation of the subspecies represents the only remaining 
core population of the bay checkerspot butterfly. Other units in Santa 
Clara County depend on this core population as a source for 
recolonization. The unit represents the largest, most contiguous, and 
highest quality habitat containing the largest population of bay 
checkerspot butterflies.
    Researchers historically referred to the bay checkerspot 
butterflies within this unit as four populations: Kirby, Metcalf, San 
Felipe, and Silver Creek Hills and our previous designation identified 
them as separate units. The Kirby population is the southernmost of the 
four and has consistently had the largest numbers of bay checkerspot 
butterflies. The Kirby area had an estimated 700,000 individuals in 
2004, but declined to 100,000 individuals in 2005 (Weiss 2006, p. 1). 
Although still under private ownership, approximately 291 ac (118 ha) 
of the Kirby area is under some form of protection or management for 
special status species, including the bay checkerspot butterfly. In 
addition, a 250-ac (101-ha) butterfly preserve is being managed by 
Waste Management Incorporated (WMI) as compensation for adverse effects 
to the bay checkerspot butterfly in association with its landfill. 
However, the protection afforded the butterfly preserve is not 
permanent, and the land the preserve is on is not owned by WMI. The 
Metcalf population supported an estimated 400,000 individuals in 2004, 
but has suffered a significant decline down to an estimated 45,000 
individuals in 2006 (Weiss 2006, p. 1). The Metcalf population is 
within the limits of the City of San Jose and is located on private 
land. The San Felipe population is also located on private lands and 
within the limits of the City of San Jose. The Service is unaware of 
any recent surveys of the San Felipe population; however, the 
population was estimated at 100,000 individuals in 1999 (Weiss 2006, p. 
1). The Silver Creek Hills population is the last of the four 
populations within the Coyote Ridge unit. The population was considered 
relatively large, with approximately 115,000 individuals in 1993 (Weiss 
2006, p. 1). This population was significantly affected by the 
development of a residential area and associated golf course (Ranch on 
Silver Creek) in the late 1990s. As a result of formal consultation on 
the Ranch on Silver Creek, approximately 473 ac (191 ha) owned by 
William Lyon Homes were preserved and are being managed for the bay 
checkerspot butterfly. Approximately 40 adults were observed at the 
Silver Creek Preserve in 2006 (WRA 2006, p. i).

Unit 6: Tulare Hill

    Unit 6 consists of 747 ac (302 ha) in Santa Clara County. The unit 
is located in the middle of the Santa Clara Valley, south of San Jose, 
and west of the crossing of Metcalf Road and Highway 101. The unit was 
occupied by the bay checkerspot butterfly at the time of listing and is 
noted as one of the locations occupied in Harrison et al. (1988, p. 
362). The unit is currently occupied, contains all the features 
essential to the conservation of the subspecies, and is essential to 
the conservation of the subspecies because it acts as a population 
center and because it provides a dispersal corridor across Coyote 
Valley. This unit is the closest suitable intervening habitat between 
the Coyote Ridge core population and most of the other populations in 
Santa Clara County, primarily those on the western side of Coyote 
Valley. Hundreds of butterflies have been observed on the southern half 
of the unit from 2001-2006 (Weiss 2006, p. 1). We have determined that 
the long-term viability of the bay checkerspot butterfly in Santa Clara 
County depends on the presence of corridors for dispersal of adults 
between Coyote Ridge and the other units in Santa Clara County. Tulare 
Hill is an ideal location for such a corridor because of the narrowness 
of the valley at this location, the limited amount of development 
currently present, the presence of high elevations on the hill that may 
attract butterflies over the highways and developed areas, and the 
presence of suitable habitat on Tulare Hill itself. Migrant butterflies 
from either Santa Teresa Hills or Coyote Ridge may settle on Tulare 
Hill, contributing individuals to the population within this unit, and 
adults from Tulare Hill may migrate to the adjacent habitat areas. 
Public lands within this unit include parts of Coyote Creek Park, 
Metcalf Park, and Santa Teresa County Park. Roughly half of Tulare Hill 
itself is within the limits of the City of San Jose; the remainder is 
on private lands in unincorporated Santa Clara County. Approximately 
114 ac (46 ha) of the unit is currently protected under a conservation 
easement and is managed for the bay checkerspot butterfly by the Land 
Trust for Santa Clara County. The unit is bisected by transmission 
lines from Pacific Gas &

[[Page 48189]]

Electric (PG&E), and the operations and maintenance of these lines are 
the subject of a proposed Safe Harbor Agreement and Habitat 
Conservation Agreement for the bay checkerspot butterfly.

Unit 7: Santa Teresa Hills

    Unit 7 consists of 3,987 ac (1,613 ha) in Santa Clara County. The 
unit lies north of Bailey Avenue, McKean Road, and Almaden Road; south 
of developed areas of the city of Santa Clara; and west of Santa Teresa 
Boulevard. The unit abuts Unit 6. This unit was not specifically 
mentioned in the listing rule, but an unspecified number of bay 
checkerspot butterflies were observed in this unit in 1988 (CNDDB 2006, 
p. 26). The unit is currently occupied (Arnold 2007, p. 1; and H.T. 
Harvey and Associates 1998, p. 11), and contains the physical and 
biological features essential to the conservation of the subspecies. 
Further, it includes the largest block of undeveloped habitat 
containing all the PCEs west of U.S. Route 101 in Santa Clara County. 
In addition, due to the prevailing winds, Unit 7 may experience less 
air pollution (i.e., nitrogen and ammonia deposition) than the units on 
the east side of Coyote Valley.

Unit 8: Calero Reservoir

    Unit 8 consists of 1,543 ac (624 ha) in Santa Clara County. The 
unit is south of McKean Road and east of the town of New Almaden, 
Almaden Road, and Alamitos Creek. This unit was occupied at the time of 
listing (CNDDB 2006, p. 26), is currently occupied, and contains all 
the features essential for the conservation of the subspecies. The unit 
is less than 0.5 mi (0.8 km) south of Unit 7 and 1 mi (1.6 km) east of 
Unit 9. It is also 3.3 mi (5.3 km) southwest of the core population in 
Unit 5, and this distance is well within the dispersal capabilities of 
the subspecies; therefore, Unit 8 is an important component of the 
species' Santa Clara County metapopulation. The unit is comprised of 
over 1,400 ac (567 ha) of mapped serpentine soils on public land. The 
majority of the unit is within the Calero County Park and managed by 
Santa Clara County Department of Parks and Recreation. The remainder is 
owned and managed by the Santa Clara Valley Water District.

Unit 9: Kalana Hills

    Unit 9 consists of two separate subunits: Subunit 9A (170 ac (69 
ha)) and Subunit 9B (56 ac (22 ha)), totaling 226 ac (91 ha) in Santa 
Clara County. The unit is located on the southwest side of the Santa 
Clara Valley between Laguna Avenue and San Bruno Avenue. The unit (both 
9A and 9B) was occupied by the bay checkerspot butterfly at the time of 
listing and is noted as one of the locations occupied in Harrison et 
al. (1988, p. 362), and adults were again observed during the last 
survey of the unit in 1997 (CNDDB 2006, p. 23). The two subunits 
include four hilltop, serpentine outcrops, which contain all the 
features essential for the conservation of the species, and some 
intervening grassland. The intervening grassland does not contain the 
larval host plants or serpentine or similar soils, but does contain 
PCEs 1, 3, and 4 and connects the four serpentine outcrops. Unit 5 lies 
about 2.1 mi (3.2 km) to the northeast, Unit 7 is 1 mi (1.6 km) to the 
northwest, the Unit 8 is 1 mi (1.6 km) to the west, and Unit 10 about 
2.2 mi (3.5 km) to the southeast. The essential physical and biological 
features in Unit 9 assist in maintaining the metapopulation dynamics of 
the subspecies by providing habitat for the subspecies within dispersal 
distance of adjacent or nearby critical habitat units. Because of its 
proximity to several other large population centers for the bay 
checkerspot butterfly, we expect the Kalana Hills subunits to be 
regularly occupied by the subspecies and assist in maintaining the 
metapopulation dynamics for the subspecies. If, as is possible given 
the bay checkerspot butterfly's large population swings, the 
butterfly's population in these subunits were to become extirpated, it 
is likely to be reestablished by bay checkerspot butterflies 
immigrating from adjacent sites. These subunits act as a ``stepping 
stone'' to adjacent or nearby units. A portion of the largest and 
northernmost serpentine outcrop within subunit 9A is within the limits 
of the City of San Jose; the remainder of the subunit is on private 
lands in unincorporated Santa Clara County. Subunit 9A's northeast 
boundaries are bordered by the proposed Coyote Valley Specific Plan.

Unit 10: Morgan Hill

    Unit 10 consists of 507 ac (205 ha) in Santa Clara County. The unit 
is northwest of the City of Morgan Hill, east of Willow Springs Road, 
and south of Hale Avenue. This unit was historically occupied in the 
late 1980s and is described in the CNDDB as an ``active site'' (CNDDB 
2006) for the subspecies. The unit was occupied at the time of listing 
and is noted as one of the locations occupied in Harrison et al. (1988, 
p. 362); adult butterflies were observed in the unit in 1997 (CNDDB 
2006). Unit 10 is essential to the conservation of the subspecies 
because it has large areas of serpentine soils and grassland with a 
variety of slope exposures, contains all the PCE's, and serves as a 
``stepping stone'' between the southernmost occurrences of the 
subspecies (Unit 12) and the populations to the north. The unit is 1.5 
mi (2.4 km) southwest Unit 5 and 2.2 mi (3.5 km) southeast of the Unit 
9, provides dispersal habitat from adjacent critical habitat units, and 
provides habitat during years with particularly favorable weather 
conditions that support expanding populations of the bay checkerspot 
butterfly. This unit is comprised mostly of private property, a portion 
of which is within the limits of the City of Morgan Hill and the rest 
in unincorporated Santa Clara County. Murphy Springs Park, a small city 
park, is within this unit.

Unit 11: Bear Ranch

    Unit 11 consists of 393 ac (159 ha) in Santa Clara County. The unit 
is adjacent to Coyote Reservoir and is entirely contained within the 
Coyote Lake--Harvey Bear Ranch County Park. The bay checkerspot 
butterfly was known to occur within this unit in the mid-1970s, but was 
considered extirpated in the listing rule; however, bay checkerspot 
butterflies were observed in this unit in 1994, 1997, and 1999 (CNDDB 
2006, p. 15; Launer 2000, p. 1). This unit is currently occupied and is 
the most southern occurrence of the bay checkerspot butterfly on the 
east side of Coyote Valley. Unit 11 is essential for the conservation 
of the subspecies because it assists in maintaining the metapopulation 
dynamics of the subspecies by providing adjacent or nearby habitat for 
bay checkerspot butterflies to disperse to or use as foraging or 
resting habitat during longer dispersal events. The unit contains all 
the features essential for the conservation of the species. This unit 
is underlined by both serpentine and serpentine-like soils. There are 
two patches of serpentine soils separated north/south by intermittent 
woody vegetation; these patches are surrounded by grasslands underlined 
by serpentine-like soils that provide adequate dispersal corridors 
between the two patches.

Unit 12: San Martin

    Unit 12 consists of 502 ac (203 ha) in Santa Clara County. The unit 
is located in the western foothills of the Santa Clara Valley. This 
unit was occupied at the time of listing, is currently occupied, and 
contains all the features essential for the conservation of the 
subspecies. The unit has extensive areas of serpentine soils 
interspersed with grasslands that have PCEs 1, 3, 4, and

[[Page 48190]]

5. These areas are important for dispersal between higher-quality 
habitats within the unit that contain all the necessary features 
essential for conservation. The unit lies entirely on private lands in 
unincorporated Santa Clara County, about 4 mi (6.4 km) west-southwest 
of Unit 11, 4 mi (6.4 km) southeast of Unit 10, and 6 mi (9.6 km) south 
of Unit 5's core area. This unit is the southernmost occurrence of the 
bay checkerspot butterfly. The adjacent Cordevalle Golf Club has 
purchased approximately 298 ac (121 ha) of property within the unit and 
has developed a management plan for the property and are currently 
working to establish a conservation easement for preservation as open 
space. A portion of the proposed open space, approximately 42.3 ac 
(17.1 ha) will be managed to benefit serpentine species including the 
bay checkerspot butterfly.
    Table 3 below provides approximate areas (ac, ha) of lands that 
meet the definition of critical habitat but that we are proposing to 
exclude from the final critical habitat rule. Table 3 also provides our 
reasons for the proposed exclusion.

   Table 3.--Area (in Acres (ac), Hectares (ha)) Being Proposed for Exclusion From the Final Critical Habitat
         Designation for the Bay Checkerspot Butterfly in San Mateo and Santa Clara Counties, California
               [Area estimates reflect all land within proposed critical habitat unit boundaries]
----------------------------------------------------------------------------------------------------------------
                                                                           Areas meeting the
      Critical habitat unit         Specific reason     Land ownership       definition of     Area proposed for
                                                                           critical habitat        exclusion
----------------------------------------------------------------------------------------------------------------
1. San Bruno Mountain, San Mateo  HCP; Amendment 5    Local.............  577 ac (234 ha)...  577 ac (234 ha).
 County.                           will add the bay   Private...........  198 ac (80 ha)....  198 ac (80 ha).
                                   checkerspot.
    Total.......................  ..................  ..................  775 ac (314 ha)...  775 ac (314 ha).
----------------------------------------------------------------------------------------------------------------

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7(a)(2) of the Act requires Federal agencies, including the 
Service, to ensure that actions they fund, authorize, or carry out are 
not likely to destroy or adversely modify critical habitat. Decisions 
by the 5th and 9th Circuit Court of Appeals have invalidated our 
definition of ``destruction or adverse modification'' (50 CFR 402.02) 
(see Gifford Pinchot Task Force v. U.S. Fish and Wildlife Service, 378 
F.3d 1059 (9th Cir. 2004) and Sierra Club v. U.S. Fish and Wildlife 
Service et al., 245 F.3d 434, 442 (5th Cir. 2001)), and we do not rely 
on this regulatory definition when analyzing whether an action is 
likely to destroy or adversely modify critical habitat. Under the 
statutory provisions of the Act, destruction or adverse modification on 
the basis of whether, with implementation of the proposed Federal 
action, the affected critical habitat would remain functional (or 
retain the current ability for the PCEs to be functionally established) 
to serve its intended conservation role for the species.
    Section 7(a)(4) of the Act requires Federal agencies to confer with 
the Service on any action that is likely to jeopardize the continued 
existence of a species proposed for listing or result in destruction or 
adverse modification of proposed critical habitat. This is a procedural 
requirement only, as any conservation recommendations in a conference 
report or opinion are strictly advisory. However, once a species 
proposed for listing becomes listed, or proposed critical habitat is 
designated as final, the full prohibitions of section 7(a)(2) apply to 
any discretionary Federal action.
    The primary utility of the conference procedures is to allow a 
Federal agency to maximize its opportunity to adequately consider 
species proposed for listing and proposed critical habitat and to avoid 
potential delays in implementing their proposed action because of the 
section 7(a)(2) consultation process, if we list those species or 
designate critical habitat. We may conduct conferences either 
informally or formally. We typically use informal conferences as a 
means of providing advisory conservation recommendations to assist the 
agency in eliminating conflicts that the proposed action may cause. We 
typically use formal conferences when we or the Federal agency believes 
the proposed action is likely to jeopardize the continued existence of 
the species proposed for listing or adversely modify proposed critical 
habitat.
    We generally provide the results of an informal conference in a 
conference report, while we provide the results of a formal conference 
in a conference opinion. We typically prepare conference opinions on 
proposed species or critical habitat in accordance with procedures 
contained at 50 CFR 402.14, as if the proposed species were already 
listed or the proposed critical habitat was already designated. We may 
adopt the conference opinion as the biological opinion when the species 
is listed or the critical habitat is designated, if no substantial new 
information or changes in the proposed action alter the content of the 
opinion (see 50 CFR 402.10(d)).
    If a species is listed or critical habitat is designated, section 
7(a)(2) of the Act requires Federal agencies to ensure that activities 
they authorize, fund, or carry out are not likely to jeopardize the 
continued existence of the species or to destroy or adversely modify 
its critical habitat. If a Federal action may affect a listed species 
or its critical habitat, the responsible Federal agency (action agency) 
must enter into consultation with us. As a result of this consultation, 
we document compliance with the procedural requirements of section 
7(a)(2) through our issuance of:
    (1) A concurrence letter for Federal actions that may affect, but 
are not likely to adversely affect, listed species or critical habitat; 
or
    (2) A biological opinion for Federal actions that may affect, and 
are likely to adversely affect, listed species or critical habitat.
    When we issue a biological opinion concluding that a project is 
likely to jeopardize the continued existence of a listed species or 
destroy or adversely modify critical habitat, we also provide 
reasonable and prudent alternatives to the project, if any are 
identifiable. We define ``Reasonable and prudent alternatives'' at 50 
CFR 402.02 as alternative actions identified during consultation that:
    <bullet> Can be implemented in a manner consistent with the 
intended purpose of the action,
    <bullet> Can be implemented consistent with the scope of the 
Federal agency's legal authority and jurisdiction,
    <bullet> Are economically and technologically feasible, and
    <bullet> Would, in the Director's opinion, avoid jeopardizing the 
continued existence of the listed species or destroying or adversely 
modifying critical habitat.
    Reasonable and prudent alternatives can vary from slight project

[[Page 48191]]

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 we have 
listed a new species or subsequently designated critical habitat that 
may be affected and the Federal agency has retained discretionary 
involvement or control over the action (or the agency's 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.
    Federal activities that may affect the bay checkerspot butterfly or 
its designated critical habitat 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 (33 U.S.C. 1251 et 
seq.) or a permit from us under section 10 of the Act) or involving 
some other Federal action (such as funding from the Federal Highway 
Administration, Federal Aviation Administration, or the Federal 
Emergency Management Agency) are also 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 ``Adverse Modification'' Standard

    The key factor related to the adverse modification determination is 
whether, with implementation of the proposed Federal action, the 
affected critical habitat would continue to serve its intended 
conservation role for the species, or would retain its current ability 
for the primary constituent elements to be functionally established and 
maintained. Activities that may destroy or adversely modify critical 
habitat are those that alter the PCEs to an extent that appreciably 
reduces the conservation value of critical habitat for the bay 
checkerspot butterfly.
    Section 4(b)(8) of the Act requires us to briefly evaluate and 
describe in any proposed or final regulation that designates critical 
habitat, activities involving a Federal action that may destroy or 
adversely modify such habitat, or that may be affected by such 
designation.
    Activities that, when carried out, funded, or authorized by a 
Federal agency, may affect critical habitat and therefore should result 
in consultation for the bay checkerspot butterfly include, but are not 
limited to:
    (1) Actions that would cause ground disturbance, including, but not 
limited to, trenching, grading, and discing. Ground disturbance would 
likely result in the loss of larval and adult food plants and in an 
increased mortality of larvae as a result of starvation. Individual bay 
checkerspot butterfly larvae, pupae, and eggs could be crushed during 
any of these activities. A reduction in adult nectar sources could 
result in reduced fecundity and longevity of females, and possibly 
reduced longevity of males. Ground disturbance may also result in a 
reduction in the number of stable holes and cracks that larvae use 
during diapause, which would result in an increased risk of predation.
    (2) Actions which would remove, destroy, or alter vegetation, 
including, but not limited to, changes in grazing regimes, prescribed 
burns, or other vegetation management strategies. These actions would 
have similar effects as those associated with ground disturbance, such 
as loss of larval and adult food plants. Prescribed burns may also 
result in direct injury or mortality to larvae, pupae, and eggs if 
conducted during the fall or early spring. Grazing is likely to result 
in some individual larvae, eggs, and pupae being trampled or 
inadvertently eaten.
    (3) Construction activities that destroy, degrade, or fragment 
critical habitat, such as urban and suburban development (i.e., 
subdivisions, road building, placement of utilities, golf courses, 
trail construction, off-road vehicle use, etc.) These activities could 
result in the permanent loss of habitat or create barriers to movement 
between patches of habitat. Construction activities could result in 
crushing of both larval and adult food plants as well as larvae, pupae, 
and eggs. Adults may be injured or killed as a result of collisions 
with vehicles. In addition, larvae crossing open areas of construction 
sites in search of edible host plants could be trampled. Urban 
development could also cause changes in hydrology of bay checkerspot 
butterfly habitat. The presence of unseasonal water could result in an 
alteration in the life cycle of larval and adult food plants, such that 
plant growth and blooming are out of phase with the life cycle of the 
subspecies, resulting in increased mortality of both larvae and adults. 
Artificially wet conditions may also result in an increase in parasites 
or diseases that could reduce larval and adult survival. In addition, 
changes in hydrology that result in reduced water levels in nearby 
creeks could result in increased mortality of adults during periods of 
prolonged spring drought. Activities that result in direct loss of 
habitat would also result in direct loss of individuals of all life 
stages of the bay checkerspot butterfly. Loss of habitat patches that 
are ``stepping stone'' habitats would result in increased distances 
between other patches of suitable habitat and reduce the likelihood of 
distant patches being colonized, thus disrupting the metapopulation 
dynamics of the subspecies, resulting in a decrease in the stability of 
core populations and possible extinction of the bay checkerspot 
butterfly.
    (4) Direct application on, or drift onto, critical habitat of 
pesticides, herbicides, fertilizers, or other chemicals or biological 
agents. Drift or runoff of chemicals, pesticides, and other biological 
agents could kill or injure bay checkerspot butterflies through direct 
toxicity or by harming their food plants.
    (5) Deposition or release onto critical habitat of nitrogen 
compounds, such as NO<INF>X</INF> and ammonia. Nitrogen deposition 
(i.e., NO<INF>X</INF> and ammonia), in and around bay checkerspot 
butterfly habitat would result in nutrient enrichment of serpentine and 
serpentine-like soils. This enrichment allows for the successful 
invasion of exotic and invasive plants, which out-compete native forbs 
and grasses, into serpentine grasslands, resulting in lower densities 
of larval and adult food plants. Lower densities of both larval and 
adult food plants would result in fewer larval and adult bay 
checkerspot butterflies.
    We consider all of the units proposed as revised critical habitat, 
as well as those that have been proposed for exclusion, to contain 
features essential to the conservation of the bay checkerspot 
butterfly. All units are within the geographic range of the species, 
all were occupied by the species at the time of listing or are 
currently occupied (based on most recent observations made), and are 
likely to be used by the bay checkerspot butterfly. Federal agencies 
already consult with us on activities in areas currently occupied by 
the bay checkerspot butterfly, as well as unoccupied critical habitat 
units to ensure that their actions do not jeopardize the continued 
existence of the bay checkerspot butterfly or result in adverse 
modification of critical habitat.

[[Page 48192]]

Exemptions or Exclusions

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

    Section 4(b)(2) of the Act states that the Secretary must designate 
and revise critical habitat on the basis of the best available 
scientific data after taking into consideration the economic impact, 
national security impact, and any other relevant impact of specifying 
any particular area as critical habitat. The Secretary may exclude an 
area from critical habitat if he determines that the benefits of such 
exclusion outweigh the benefits of specifying such area as part of the 
critical habitat, unless he determines, based on the best scientific 
data available, that the failure to designate such area as critical 
habitat will result in the extinction of the species. In making that 
determination, the Congressional record is clear that the Secretary has 
broad discretion regarding which factor(s) to use and how much weight 
to give to any factor.
    Under section 4(b)(2) of the Act, 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, and determine whether the 
benefits of exclusion outweigh the benefits of inclusion. If we 
consider an exclusion 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 have considered. In addition, we 
are conducting an economic analysis of the impacts of the proposed 
revised critical habitat designation and related factors, which will be 
available for public review and comment when it is complete. Based on 
public comment on that document, the proposed revised designation 
itself, and the information in the final economic analysis, the 
Secretary may exclude from critical habitat additional areas beyond 
those identified in this assessment under the provisions of section 
4(b)(2) of the Act. This is also addressed in our implementing 
regulations at 50 CFR 424.19.
    Portions of proposed Units 5, 6, and 12 are currently protected or 
proposed for protection under conservation easements (see unit 
descriptions above for acreages). Some easements were established for 
the protection of the California red-legged frog (Rana aurora 
draytonii) or the California tiger salamander (Ambystoma 
californiense), while others were established for the bay checkerspot 
butterfly. These areas were considered for exclusion, but not proposed 
because some of them do not have management plans and some only provide 
management plans for the tiger salamander or the California red-legged 
frog. Those areas with conservation easements that specifically provide 
protection for the bay checkerspot butterfly were not considered for 
exclusion because the easements are not believed to be sufficiently 
funded to adequately deal with nonnative invasive plants, such as the 
recent invasion of barbed goat grass (Aegilops triuncialis). A 
conservation easement that has been proposed for a portion of Unit 12 
has not been finalized and is therefore also not proposed for 
exclusion.

Benefits of Designating Critical Habitat

Regulatory Benefits

    The consultation provisions under section 7(a) of the Act 
constitute the regulatory benefits of critical habitat. As discussed 
above, Federal agencies must consult with us on actions that may affect 
critical habitat and must avoid destroying or adversely modifying 
critical habitat. Prior to our designation of critical habitat, Federal 
agencies consult with us on actions that may affect a listed species 
and must refrain from undertaking actions that are likely to jeopardize 
the continued existence of the species. Thus, the analysis of effects 
to critical habitat is a separate and different analysis from that of 
the effects to the species. Therefore, the difference in outcomes of 
these two analyses represents the regulatory benefit of critical 
habitat. For some species, and in some locations, the outcome of these 
analyses will be similar, because effects on habitat will often result 
in effects on the species. However, the regulatory standard is 
different: The jeopardy analysis looks at the action's impact on 
survival and recovery of the species, while the adverse modification 
analysis looks at the action's effects on the designated critical 
habitat's contribution to the species' conservation. This will, in many 
instances, lead to different results and different regulatory 
requirements.
    For 30 years prior to the Ninth Circuit court's decision in Gifford 
Pinchot, we combined the jeopardy standard with the standard for 
destruction or adverse modification of critical habitat when evaluating 
Federal actions that affected currently occupied critical habitat. 
However, the court ruled that the two standards are distinct and that 
adverse modification evaluations require consideration of impacts on 
species recovery. Thus, critical habitat designations may provide 
greater benefits to the recovery of a species than would listing alone.
    There are two limitations to the regulatory effect of critical 
habitat. First, a consultation is required only where there is a 
Federal nexus (an action authorized, funded, or carried out by any 
Federal agency)--if there is no Federal nexus, designation itself does 
not restrict actions that destroy or adversely modify critical habitat. 
Second, the designation only limits destruction or adverse 
modification. By its nature, the prohibition on adverse modification is 
designed to ensure no degradation of those areas that contain the 
physical and biological features essential to the conservation of the 
species or of unoccupied areas that are essential to the conservation 
of the species. Critical habitat designation alone, however, does not 
require specific steps toward recovery.
    Once an agency determines that consultation under section 7 of the 
Act is necessary, the process may conclude informally when we concur in 
writing that the proposed Federal action is not likely to adversely 
affect critical habitat. However, if we determine through informal 
consultation that adverse impacts are likely to occur, then we would 
initiate formal consultation, which would conclude when we issue a 
biological opinion on whether the proposed Federal action is likely to 
result in destruction or adverse modification of critical habitat.
    For critical habitat, a biological opinion that concludes in a 
determination of no destruction or adverse modification may contain 
discretionary conservation recommendations to minimize adverse effects 
to primary constituent elements, but it would not suggest the 
implementation of any reasonable and prudent alternative. We suggest 
reasonable and prudent alternatives to the proposed Federal action only 
when our biological opinion results in an adverse modification 
conclusion.
    We believe that in many instances the regulatory benefit of 
critical habitat is low when compared to voluntary conservation efforts 
or management plans. The conservation achieved through implementing 
HCPs or other habitat management plans can be greater than what we 
achieve through multiple site-by-site, project-by-project, section 7 
consultations involving consideration of critical habitat. Such habitat 
management plans may commit resources to implement long-term management 
and protection to particular habitat for at least one and possibly 
additional listed or sensitive species. Section 7 consultations commit

[[Page 48193]]

Federal agencies to preventing adverse modification of critical habitat 
caused by the particular project only, and not to providing 
conservation or long-term benefits to areas not affected by the 
proposed project. Thus, any HCP or other habitat management plan that 
considers enhancement or recovery as the management standard may often 
provide as much or more benefit than a consultation for critical 
habitat designation conducted under the standards required by the Ninth 
Circuit in the Gifford Pinchot decision.
    In providing the framework for the consultation process, the 
previous section applies to all the following discussions of benefits 
of inclusion or exclusion of critical habitat.

Educational Benefits

    A benefit of including lands in critical habitat is that 
designation of critical habitat serves to educate landowners, state and 
local governments, and the public regarding the potential conservation 
value of an area. This helps focus and promote conservation efforts by 
other parties by clearly delineating areas of high conservation value 
for the bay checkerspot butterfly. In general, critical habitat 
designation always has educational benefits; however, in some cases, 
they may be redundant with other educational efforts. For example, HCPs 
have significant public input and may largely duplicate the educational 
benefits of a critical habitat designation. A second benefit of 
including lands in critical habitat is that the designation of critical 
habitat would inform state agencies and local governments about areas 
that could be conserved under state laws or local ordinances.
    The information provided in the previous section applies to all the 
following discussions of benefits of inclusion or exclusion of critical 
habitat.

Recovery Benefits

    The process of designating critical habitat as described in the Act 
requires that the Service identify those lands on which are found the 
physical or biological features essential to the conservation of the 
species that may require special management considerations or 
protection. In identifying those lands, the Service must consider the 
recovery needs of the species, such that the habitat that is 
identified, if managed, could provide for the survival and recovery of 
the species. Furthermore, once critical habitat has been designated, 
Federal agencies must consult with the Service under section 7(a)(2) of 
the Act to ensure that their actions will not adversely modify 
designated critical habitat or jeopardize the continued existence of 
the species. As noted in the Ninth Circuit's Gifford Pinchot decision, 
the Court ruled that the jeopardy and adverse modification standards 
are distinct, and that adverse modification evaluations require 
consideration of impacts to the recovery of species. Thus, through the 
section 7(a)(2) consultation process, critical habitat designations 
provide recovery benefits to species by ensuring that Federal actions 
will not destroy or adversely modify designated critical habitat.
    It is beneficial to identify those lands that are necessary for the 
conservation of the species and that, if properly managed, would 
further recovery measures for the species, which is beneficial. The 
process of proposing and finalizing a critical habitat rule provides 
the Service with the opportunity to determine which lands are essential 
for conservation of the species, as well as allowing for the 
identification of the primary constituent elements or features 
essential for conservation of the species on those lands. The 
designation process includes peer review and public comment on the 
identified features and lands proposed for designation and/or 
exclusion. This process is valuable to land owners and managers in 
developing conservation management plans for identified lands, as well 
as any other occupied habitat or other suitable habitat that may not 
have been included in the Service's determination of essential habitat.
    However, the designation of critical habitat does not require that 
any management or recovery actions take place on the lands included in 
the designation. Even in cases where consultation has been initiated 
under section 7(a)(2) of the Act, the end result of consultation is to 
avoid jeopardy to the species and/or adverse modification of its 
critical habitat, but not per se to manage remaining lands or institute 
recovery actions on remaining lands. Conversely, management plans 
institute proactive actions over the lands they encompass and are put 
in place to remove or reduce known threats to a species or its habitat 
and therefore implement recovery actions. We believe that the movement 
towards the conservation of a species and/or its habitat that could be 
achieved through the designation of critical habitat, in some cases, is 
less than the movement towards conservation that could be achieved 
through the implementation of a management plan, which includes 
species-specific provisions and considers enhancement or recovery of 
listed species as the management standard over the same lands. 
Consequently, implementation of any HCP or management plan that 
considers enhancement or recovery as the management standard will often 
provide as much or more benefit than a consultation for critical 
habitat designation conducted under the standards required by the Ninth 
Circuit in the Gifford Pinchot decision.
    The information provided in the previous section applies to all the 
following discussions of benefits of inclusion or exclusion of critical 
habitat.

Conservation Partnerships on Non-Federal Lands

    Most federally listed species in the United States will not recover 
without the cooperation of non-Federal landowners. More than 60 percent 
of the United States is privately owned (National Wilderness Institute 
1995, p. 2), and at least 80 percent of endangered or threatened 
species occur either partially or solely on private lands (Crouse et 
al. 2002, p. 720). Stein et al. (1995, p. 400) found that only about 12 
percent of listed species were found almost exclusively on Federal 
lands (90 to 100 percent of their known occurrences restricted to 
Federal lands) and that 50 percent of federally listed species are not 
known to occur on Federal lands at all.
    Given the distribution of listed species with respect to land 
ownership, conservation of listed species in many parts of the United 
States is dependent upon working partnerships with a wide variety of 
entities and the voluntary cooperation of many non-Federal landowners 
(Wilcove and Chen 1998, p. 1407; Crouse et al. 2002, p. 720; James 
2002, p. 271). Building partnerships and promoting voluntary 
cooperation of landowners are essential to our understanding the status 
of species on non-Federal lands, and necessary for us to implement 
recovery actions such as reintroducing listed species and restoring and 
protecting habitat.
    Many non-Federal landowners derive satisfaction from contributing 
to endangered species recovery. We promote these private-sector efforts 
through the Department of the Interior's Cooperative Conservation 
philosophy. Conservation agreements with non-Federal landowners (HCPs, 
safe harbor agreements, other conservation agreements, easements, and 
State and local regulations) enhance species conservation by extending 
species protections beyond those available through section 7 
consultations. In the past decade, we have encouraged non-Federal 
landowners to enter into conservation agreements, based on the

[[Page 48194]]

view that we can achieve greater species conservation on non-Federal 
land through such partnerships than we can through regulatory methods 
(61 FR 63854; December 2, 1996).
    Many private landowners, however, are wary of the possible 
consequences of attracting endangered species to their property. 
Mounting evidence suggests that some regulatory actions by the Federal 
Government, while well-intentioned and required by law, can (under 
certain circumstances) have unintended negative consequences for the 
conservation of species on private lands (Wilcove et al. 1996, pp. 5-6; 
Bean 2002, pp. 2-3; Conner and Mathews 2002, pp. 1-2; James 2002, pp. 
270-271; Koch 2002, pp. 2-3; Brook et al. 2003, pp. 1639-1643). Many 
landowners fear a decline in their property value due to real or 
perceived restrictions on land-use options where threatened or 
endangered species are found. Consequently, harboring endangered 
species is viewed by many landowners as a liability. This perception 
results in anti-conservation incentives because maintaining habitats 
that harbor endangered species represents a risk to future economic 
opportunities (Main et al. 1999, pp. 1264-1265; Brook et al. 2003, pp. 
1644-1648).
    According to some researchers, the designation of critical habitat 
on private lands significantly reduces the likelihood that landowners 
will support and carry out conservation actions (Main et al. 1999, p. 
1263; Bean 2002, p. 2; Brook et al. 2003, pp. 1644-1648). The magnitude 
of this negative outcome is greatly amplified in situations where 
active management measures (such as reintroduction, fire management, 
and control of invasive species) are necessary for species conservation 
(Bean 2002, pp. 3-4). We believe that the judicious use of excluding 
specific areas of non-federally owned lands from critical habitat 
designations can contribute to species recovery and provide a superior 
level of conservation than critical habitat alone.
    The purpose of designating critical habitat is to contribute to the 
conservation of threatened and endangered species and the ecosystems 
upon which they depend. The outcome of the designation, triggering 
regulatory requirements for actions funded, authorized, or carried out 
by Federal agencies under section 7 of the Act, can sometimes be 
counterproductive to its intended purpose on non-Federal lands. Thus 
the benefits of excluding areas that are covered by effective 
partnerships or other conservation commitments can often be high.

Benefits of Excluding Lands With Approved Management Plans

    The benefits of excluding lands with approved long-term management 
plans from critical habitat designation include relieving landowners, 
communities, and counties of any additional regulatory burden that 
might be imposed by a critical habitat designation. Most HCPs and other 
conservation plans take many years to develop and, upon completion, are 
consistent with the recovery objectives for listed species that are 
covered within the plan area. Many conservation plans also provide 
conservation benefits to unlisted sensitive species. Imposing an 
additional regulatory review as a result of the designation of critical 
habitat may undermine these conservation efforts and partnerships 
designed to proactively protect species to ensure that listing under 
the Act will not be necessary. Designation of critical habitat within 
the boundaries of management plans that provide conservation measures 
for a species could be viewed as a disincentive to those entities 
currently developing these plans or contemplating them in the future, 
because one of the incentives for undertaking conservation is greater 
ease of permitting where listed species will be affected. Addition of a 
new regulatory requirement would remove a significant incentive for 
undertaking the time and expense of management planning. In fact, 
designating critical habitat in areas covered by a pending HCP or 
conservation plan could result in the loss of some species' benefits if 
participants abandon the planning process, in part because of the 
strength of the perceived additional regulatory compliance that such 
designation would entail. The time and cost of regulatory compliance 
for a critical habitat designation do not have to be quantified for 
them to be perceived as additional Federal regulatory burden sufficient 
to discourage continued participation in plans targeting listed 
species' conservation.
    A related benefit of excluding lands within management plans from 
critical habitat designation is the unhindered, continued ability it 
gives us to seek new partnerships with future plan participants 
including States, counties, local jurisdictions, conservation 
organizations, and private landowners, which together can implement 
conservation actions that we would be unable to accomplish otherwise. 
If lands within approved management plan areas are designated as 
critical habitat, it would likely have a negative effect on our ability 
to establish new partnerships to develop these plans, particularly 
plans that address landscape-level conservation of species and 
habitats. By preemptively excluding these lands, we preserve our 
current partnerships and encourage additional conservation actions in 
the future.
    Furthermore, both HCP and Natural Community Conservation Planning 
(NCCP) HCP applications require a consultation, which would review the 
effects of all HCP-covered activities that might adversely impact the 
species under a jeopardy standard, including possibly significant 
habitat modification (see definition of ``harm'' at 50 CFR 17.3), even 
without the critical habitat designation. In addition, Federal actions 
not covered by the HCP in areas occupied by listed species would still 
require consultation under section 7(a)(2) of the Act, and we would 
review these actions for possibly significant habitat modification, in 
accordance with the definition of harm referenced above.
    The information provided in the previous section applies to all the 
following discussions of benefits of inclusion or exclusion of critical 
habitat.

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

    After consideration under section 4(b)(2) of the Act, we are 
proposing to exclude the following area of habitat from final revised 
critical habitat for the bay checkerspot butterfly: Lands covered under 
the San Bruno Mountain Habitat Conservation Plan. We believe that the 
lands' value for conservation has been addressed by existing protective 
actions and is appropriate for exclusion under the provisions of 
section 4(b)(2). We specifically solicit comment, however, on the 
proposed exclusion of these areas. A detailed analysis of our proposed 
exclusion of these lands under section 4(b)(2) of the Act is provided 
in the paragraphs that follow.

Habitat Conservation Plan Lands--Exclusions Under Section 4(b)(2) of 
the Act

    We consider a current plan to provide adequate management or 
protection if it meets the following criteria: (1) The plan is complete 
and provides the same or better level of protection from adverse 
modification or destruction than that provided through a consultation 
under section 7(a)(2) of the Act; (2) there is a reasonable expectation 
that the conservation management strategies and actions will be 
implemented based on past practices, written guidance, or regulations; 
and (3) the plan provides conservation strategies and measures 
consistent with

[[Page 48195]]

currently accepted principles of conservation biology. We believe that 
the plan described below fulfills these criteria, and we are 
considering the exclusion from critical habitat of non-Federal lands 
covered by this plan that provide for the conservation of the bay 
checkerspot butterfly. We are requesting comments on the benefit to the 
bay checkerspot butterfly from conservation measures established by the 
San Bruno Mountain Habitat Conservation Plan.

San Bruno Mountain Habitat Conservation Plan (SBMHCP)

    The SBMHCP was originally completed in November 1982, and we issued 
a 30-year section 10(a)(1)(B) permit to the permittees on March 4, 
1983. The permit (PRT 2-9818) expires on March 4, 2013, unless it is 
renewed (Jones and Stokes 2007, p. 1-2). San Bruno Mountain is located 
on the northern end of the San Francisco Peninsula, south of the San 
Mateo-San Francisco County line, and is bordered to the north by Daly 
City, to the east by the City of Brisbane, to the south by the City of 
South San Francisco, and to the west by the City of Colma. The SBMHCP 
is comprised of 3,600 ac (1,457 ha) of which approximately 3,500 ac 
(1,416 ha) are open space. To date, there have been four amendments to 
the SBMHCP. Amendment five is currently in development with a draft 
expected to be published in the Federal Register near the end of 2007 
or early 2008. We expect a finalized amendment in 2008.
    Participants in Amendment five of the SBMHCP include the City of 
Brisbane and the County of San Mateo. The existing incidental take 
permit covers 3,380 ac (1,368 ha) of San Bruno Mountain and includes 
the following species: Mission blue butterfly, San Bruno elfin 
butterfly, and San Francisco garter snake (Thamnophis sirtalis 
tetrataenia) (Jones and Stokes 2007, p. 1-2). Unit 1 of proposed 
revised critical habitat is completely contained within the SBMHCP, 
with the majority of Unit 1 in San Bruno Mountain County Park. 
Amendment five would add the bay checkerspot butterfly and Callippe 
silverspot butterfly to the incidental take permit of the SBMHCP and 
would reconfigure the development plan on the Northwest Ridge to allow 
take of covered species on approximately 26 ac (11 ha) on the Northwest 
Ridge. Amendment five would also increase funding for management and 
monitoring activities throughout the Mountain with the establishment of 
an endowment. The Northeast Ridge covers 228 ac (92 ha) located in the 
northeast corner of San Bruno Mountain. The majority, approximately 90 
percent, of the site is annual grassland, while the surrounding land 
use includes single-family neighborhoods across Guadalupe Canyon 
Parkway to the north, undeveloped open space to the east, multi-family 
residential development to the south, and the State and County Park to 
the west (Jones and Stokes 2007, p. 2-3). The Northeast Ridge does not 
include areas historically occupied by the bay checkerspot butterfly.
    Amendment five to the SBMHCP includes proposed and ongoing 
conservation actions designed to benefit both the bay checkerspot 
butterfly and Callippe silverspot butterfly. Conservation actions 
include: (1) Vegetation management (i.e., prescribed fire, herbicide 
application, mowing, and grazing); (2) replanting and restoration; and 
(3) monitoring. The Service expects Amendment five will provide 
substantial protection for all of the primary constituent elements 
(PCEs) for the bay checkerspot butterfly, and that protected lands will 
receive the special management required through funding mechanisms that 
will be implemented under Amendment five of the SBMHCP.

Benefits of Inclusion

    The primary benefit to designation of critical habitat is the 
requirement that federal agencies consult with the Service to ensure 
that their actions are not likely to result in the destruction or 
adverse modification of critical habitat. If critical habitat were 
designated in this area, PCEs in the area would be protected from 
destruction or adverse modification by federal actions using a 
conservation standard based on the Ninth Circuit's decision in Gifford 
Pinchot. This requirement would be in addition to the requirement that 
proposed Federal actions would not be likely to jeopardize the species' 
continued existence. However, since the SBMHCP area is not currently 
occupied by the species, consultation for activities that may adversely 
affect the bay checkerspot butterfly, including possibly significant 
habitat modification (see definition of ``harm'' at 50 CFR 17.3) would 
not be required under section 7. Therefore, inclusion of portions of 
the SBMHCP in critical habitat would require consultation if Federal 
actions would result in adverse modification of critical habitat.
    As discussed above, Amendment five of the SBMHCP is expected to 
provide substantial protection of the PCEs and special management of 
essential habitat for the bay checkerspot butterfly on SBMHCP 
conservation lands. We expect the SBMHCP to provide a greater level of 
management for the bay checkerspot butterfly on private lands than 
would designation of critical habitat on private lands because the 
management activities associated with the addition of the bay 
checkerspot butterfly and Callippe silverspot butterfly within the 
SBMHCP will improve habitat for both species within the SBMHCP. 
Moreover, inclusion of these non-Federal lands as critical habitat 
would not necessitate additional management and conservation activities 
that would exceed the approved SBMHCP and its implementing agreement. 
As a result, we do not anticipate that any action on these lands would 
destroy or adversely modify the areas proposed as revised critical 
habitat. Therefore, we do not expect that including those areas in the 
final designation would lead to any changes to actions on the 
conservation lands to avoid destroying or adversely modifying that 
habitat.
    A benefit of including an area in critical habitat is the education 
of landowners and the public regarding the potential conservation value 
of these areas. The inclusion of an area in critical habitat may focus 
and contribute to conservation efforts by other parties by clearly 
delineating areas of high conservation values for certain species. 
However, we believe that this conservation benefit has largely been 
achieved for the bay checkerspot butterfly through listing of the 
species, the previous critical habitat designation, and the ongoing 
preparation of the Santa Clara County HCP.

Benefits of Exclusion

    The benefits of excluding lands within HCPs from critical habitat 
designation include relieving landowners, communities, and counties of 
any additional regulatory burden that might be imposed by a critical 
habitat designation. Many HCPs, particularly large regional HCPs, take 
many years to develop and, upon completion, become regional 
conservation plans that are consistent with the recovery objectives for 
listed species that are covered within the plan area. In fact, 
designating critical habitat in areas covered by a pending HCP could 
result in the loss of species' benefits if participants abandon the 
voluntary HCP process, in part because of the strength of the perceived 
additional regulatory compliance that such designation would entail. 
The time and cost of regulatory compliance for a critical habitat 
designation do not have to be quantified for them to be perceived as 
additional Federal regulatory burden sufficient to discourage continued 
voluntary participation in plans targeting the conservation of listed 
species.

[[Page 48196]]

    Furthermore, an HCP application must itself be consulted upon. Such 
a consultation would review the effects of all activities covered by 
the HCP that may adversely affect the species, including possibly 
significant habitat modification (see definition of ``harm'' at 50 CFR 
17.3), even without the critical habitat designation. In addition, 
Federal actions not covered by the HCP in areas occupied by listed 
species would still require consultation under section 7 of the Act and 
would be reviewed for possibly significant habitat modification in 
accordance with the definition of harm referenced above. This standard 
also would apply to all consultation conducted in the interim period 
prior to finalization of an HCP, whether incidental take exemption is 
provided under section 7 or section 10 of the Act.

Benefits of Exclusion Outweigh Benefits of Inclusion

    We have reviewed and evaluated the conservation measures identified 
in the SBMHCP. Based on this evaluation, we currently find that the 
benefits of exclusion of the lands essential to the conservation of the 
bay checkerspot butterfly in the planning area for the SBMHCP outweigh 
the benefits of including Unit 1 in our final critical habitat 
designation. Our final determination will be made after we receive 
public comment on this proposed revised critical habitat designation.
    The exclusion of these lands from critical habitat will help 
preserve the partnerships that we have developed with local 
jurisdictions and project proponents in the development of the SBMHCP. 
The educational benefits of critical habitat, including informing the 
public of areas that are essential for the long-term conservation of 
the species, are still accomplished from material provided on our Web 
site and through public notice and comment procedures required to 
establish the Santa Clara County HCP. The public also has been informed 
through the public participation that occurs during the development of 
each amendment to the SBMHCP. For these reasons, we believe that 
designating critical habitat has little benefit in areas covered by the 
SBMHCP.

Exclusion Will Not Result in Extinction of the Species

    We believe that exclusion of these lands would not result in the 
extinction of the bay checkerspot butterfly as:
    (1) The area is not currently occupied;
    (2) The lands Unit 1 are in are within the boundaries of the 
SBMHCP; and
    (3) Ongoing and new conservation measures designed for the bay 
checkerspot butterfly and Callippe silverspot butterfly will enhance 
and protect the majority of habitat for the bay checkerspot butterfly 
on San Bruno Mountain.
    Actions that may adversely affect the subspecies within Unit 1 are 
expected to be covered under the SBMHCP. In addition, if the bay 
checkerspot butterfly becomes established within Unit 1, it will be 
protected from take under section 9 of the Act. The exclusion leaves 
these protections unchanged from those that would exist if the excluded 
areas were to be designated as critical habitat.
    Critical habitat is being proposed for the bay checkerspot 
butterfly in other areas that will be accorded the protection from 
adverse modification by Federal actions using the conservation standard 
based on the Ninth Circuit decision in Gifford Pinchot. Additionally, 
the subspecies occurs on lands protected and managed either explicitly 
for the subspecies or indirectly through more general objectives to 
protect natural values; this factor, in concert with the other 
protections provided under the Act for these lands absent designation 
of critical habitat and in concert with protections afforded the 
species by the other lands proposed for designation as critical 
habitat, leads us to find that exclusion of these lands would not 
result in extinction of the bay checkerspot butterfly. We do not 
believe that this exclusion would result in the extinction of the 
subspecies because the SBMHCP will: (1) Preserve approximately 3,500 ac 
(1,416 ha) of open space, which includes the vast majority of bay 
checkerspot butterfly habitat within the SBMHCP; (2) incorporate a 
range of habitat management and enhancement measures; and (3) include a 
monitoring program for several listed butterfly species including the 
bay checkerspot butterfly.

Economics

    An analysis of the economic impacts of proposing revised critical 
habitat for the bay checkerspot butterfly is being prepared. We will 
announce the availability of the draft economic analysis as soon as it 
is completed, at which time we will seek public review and comment. 
When completed, copies of the draft economic analysis will be available 
for downloading from the Internet at http://www.fws.gov/sacramento/, or 
by contacting the Sacramento Fish and Wildlife Office directly (see 
ADDRESSES).

Peer Review

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

Public Hearings

    The Act provides for one or more public hearings on this proposal, 
if we receive any requests for hearings. We must receive your request 
for a public hearing within 45 days after the date of this publication 
in the Federal Register. Send your request to the person named in the 
FOR FURTHER INFORMATION CONTACT section. We will schedule public 
hearings on this proposal, if any are requested, and announce the 
dates, times, and places of those hearings in the Federal Register and 
local newspapers at least 15 days before the first hearing.

Clarity of the Rule

    Executive Order 12866 (Regulatory Planning and Review) requires 
each agency to write regulations and notices that are easy to 
understand. We invite your comments on how to make this proposed rule 
easier to understand, including answers to questions such as the 
following: (1) Are the requirements in the proposed rule clearly 
stated? (2) Does the proposed rule contain technical jargon that 
interferes with the clarity? (3) Does the format of the proposed rule 
(grouping and order of the sections, use of headings, paragraphing, and 
so forth) aid or reduce its clarity? (4) Is the description of the 
notice in the SUPPLEMENTARY INFORMATION section of the preamble helpful 
in understanding the proposed rule? (5) What else could we do to make 
this proposed rule easier to understand?
    Send a copy of any comments on how we could make this proposed rule 
easier

[[Page 48197]]

to understand to: Office of Regulatory Affairs, Department of the 
Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. You may 
e-mail your comments to this address: <a href="/cdn-cgi/l/email-protection#a0e5d8d3c5c3e0c9cfd38ec4cfc98ec7cfd6"><span class="__cf_email__" data-cfemail="6d28151e080e2d04021e43090204430a021b">[email protected]</span></a>.

Required Determinations

Regulatory Planning and Review

    In accordance with Executive Order 12866, this document is a 
significant rule in that it may raise novel legal and policy issues, 
but it is not anticipated to have an annual effect on the economy of 
$100 million or more or affect the economy in a material way. Due to 
the tight timeline for publication in the Federal Register, the Office 
of Management and Budget (OMB) has not formally reviewed this rule. We 
are preparing a draft economic analysis of this proposed action, which 
will be available for public comment, to determine the economic 
consequences of designating the specific area as critical habitat. This 
economic analysis also will be used to determine compliance with 
Executive Order 12866, Regulatory Flexibility Act, Small Business 
Regulatory Enforcement Fairness Act, Executive Order 12630, Executive 
Order 13211, and Executive Order 12875.
    Further, Executive Order 12866 directs Federal agencies 
promulgating regulations to evaluate regulatory alternatives (Office of 
Management and Budget, Circular A-4, September 17, 2003). Pursuant to 
Circular A-4, once it has been determined that the Federal regulatory 
action is appropriate, then the agency will need to consider 
alternative regulatory approaches. Since the determination of critical 
habitat is a statutory requirement under the Act, we must then evaluate 
alternative regulatory approaches, where feasible, when promulgating a 
designation of critical habitat.
    In developing our designations of critical habitat, we consider 
economic impacts, impacts to national security, and other relevant 
impacts under section 4(b)(2) of the Act. Based on the discretion 
allowable under this provision, we may exclude any particular area from 
the designation of critical habitat providing that the benefits of such 
exclusion outweigh the benefits of specifying the area as critical 
habitat and that such exclusion would not result in the extinction of 
the subspecies. As such, we believe that the evaluation of the 
inclusion or exclusion of particular areas, or combination of both, 
constitutes our regulatory alternative analysis.
    Within these areas, the types of Federal actions or authorized 
activities that we have identified as potential concerns are listed 
above in the section on Section 7 Consultation. The availability of the 
draft economic analysis will be announced in the Federal Register and 
in local newspapers so that it is available for public review and 
comments. At that time the draft economic analysis will be available 
from the Internet Web site at http://www.fws.gov/sacramento/ or by 
contacting the Sacramento Fish and Wildlife Office directly (see 
ADDRESSES).

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

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

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

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 
1501), the Service makes the following findings:
    (a) This rule will not produce a Federal mandate. In general, a 
Federal mandate is a provision in legislation, statute, or regulation 
that would impose an enforceable duty upon State, local, or Tribal 
governments, or the private sector and includes both ``Federal 
intergovernmental mandates'' and ``Federal private sector mandates.'' 
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal 
intergovernmental mandate'' includes a regulation that ``would impose 
an enforceable duty upon State, local, or 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

[[Page 48198]]

habitat under section 7. While non-Federal entities that receive 
Federal funding, assistance, or permits, or that otherwise require 
approval or authorization from a Federal agency for an action may be 
indirectly impacted by the designation of critical habitat, the legally 
binding duty to avoid destruction or adverse modification of critical 
habitat rests squarely on the Federal agency. Furthermore, to the 
extent that non-Federal entities are indirectly impacted because they 
receive Federal assistance or participate in a voluntary Federal aid 
program, the Unfunded Mandates Reform Act would not apply, nor would 
critical habitat shift the costs of the large entitlement programs 
listed above on to State governments.
    (b) Due to current public knowledge of the species' protection, the 
prohibition against take of the species both within and outside of the 
designated areas, the fact that the majority of the areas are already 
designated as critical habitat, and the fact that critical habitat 
provides no incremental restrictions, we do not anticipate that this 
rule will significantly or uniquely affect small governments. As such, 
Small Government Agency Plan is not required. However, we will further 
evaluate this issue as we conduct our economic analysis and revise this 
assessment if appropriate.

Executive Order 13211

    On May 18, 2001, the President issued an Executive Order (E.O. 
13211; Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use) on regulations that significantly affect 
energy supply, distribution, and use. Executive Order 13211 requires 
agencies to prepare Statements of Energy Effects when undertaking 
certain actions. While this proposed rule to designate revised critical 
habitat for the bay checkerspot butterfly is a significant regulatory 
action under Executive Order 12866 in that it may raise novel legal and 
policy issues, it is not expected to significantly affect energy 
supplies, distribution, or use. Therefore, this action is not a 
significant energy action, and no Statement of Energy Effects is 
required. However, we will, further evaluate this issue as we conduct 
our economic analysis and review and revise this assessment as 
warranted.

Takings

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

Federalism

    In accordance with Executive Order 13132 (Federalism), this rule 
does not have significant Federalism effects. A Federalism assessment 
is not required. In keeping with Department of the Interior and 
Department of Commerce policy, we requested information from, and 
coordinated development of, this proposed revised critical habitat 
designation with appropriate State resource agencies in California. The 
designation of critical habitat in areas currently occupied by the bay 
checkerspot butterfly imposes no additional restrictions to those 
currently in place and, therefore, has little incremental impact on 
State and local governments and their activities. The designation may 
have some benefit to these governments in that the areas that contain 
the features essential to the conservation of the species are more 
clearly defined, and the PCEs 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 having the government 
wait for case-by-case section 7 consultations to occur).

Civil Justice Reform

    In accordance with Executive Order 12988 (Civil Justice Reform), 
the Office of the Solicitor has determined that this rule does not 
unduly burden the judicial system and meets the requirements of 
sections 3(a) and 3(b)(2) of the Order. We have proposed revised 
critical habitat in accordance with the provisions of the Act. This 
proposed rule uses standard property descriptions and identifies the 
PCEs within the designated areas to assist the public in understanding 
the habitat needs of the bay checkerspot butterfly.

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

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and the Department 
of Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
Tribes on a government-to-government basis. In accordance with 
Secretarial Order 3206 of June 5, 1997, ``American Indian Tribal 
Rights, Federal-Tribal Trust Responsibilities, and the Endangered 
Species Act,'' we readily acknowledge our responsibilities to work 
directly with tribes in developing programs for healthy ecosystems, to 
acknowledge that tribal lands are not subject to the same controls as 
Federal public lands, to remain sensitive to Indian culture, and to 
make information available to tribes. We have determined that there are 
no tribal lands occupied at the time of listing that contain the 
features essential for the conservation, and no Tribal lands that are 
unoccupied areas that are essential for the conservation, of the bay 
checkerspot butterfly. Therefore, revised critical habitat for the bay 
checkerspot butterfly has not been proposed on Tribal lands.

References Cited

    A complete list of all references cited in this proposed rulemaking 
is available upon request from the Field Supervisor,

[[Page 48199]]

Sacramento Fish and Wildlife Office (see ADDRESSES).

Author(s)

    The primary author of this package is the Sacramento Fish and 
Wildlife Office.

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

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

PART 17--[AMENDED]

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

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

    2. In Sec.  17.95(i), revise the entry for ``Bay checkerspot 
butterfly (Euphydryas editha bayensis)'' to read as follows:


Sec.  17.95  Critical habitat--wildlife.

* * * * *
    (i) Insects.
* * * * *
Bay Checkerspot Butterfly (Euphydryas editha bayensis)
    (1) Critical habitat units are depicted for San Mateo and Santa 
Clara Counties, California, on the maps below.
    (2) The primary constituent elements of critical habitat for the 
bay checkerspot butterfly are the habitat components that provide:
    (i) The presence of annual or perennial grasslands with little to 
no overstory that provide north/south and east/west slopes with a tilt 
of more than 7 degrees for larval host plant survival during periods of 
atypical weather (e.g., drought). Common grassland species include wild 
oats (Avena fatua), soft chess (Bromus hordeaceus), California oatgrass 
(Danthonia californica), purple needlegrass (Nassella pulchra), and 
Idaho fescue (Festuca idahoensis); less abundant in these grasslands 
are annual and perennial forbs such as filaree (Erodium botrys), true 
clovers (Trifolium sp.), dwarf plantain (Plantago erecta), and turkey 
mullein (Croton setigerus).
    (ii) The presence of the primary larval host plant, dwarf plantain 
(Plantago erecta) and at least one of the secondary host plants, purple 
owl's-clover (Castilleja densiflora) or exserted paintbrush (Castilleja 
exserta), are required for reproduction, feeding, and larval 
development.
    (iii) The presence of adult nectar sources for feeding. Common 
nectar sources include desertparsley (Lomatium spp.), California 
goldfields (Lasthenia californica), tidy-tips (Layia platyglossa), sea 
muilla (Muilla maritima), scytheleaf onion (Allium falcifolium), false 
babystars (Linanthus androsaceus), and intermediate fiddleneck 
(Amsinckia intermedia).
    (iv) Aquatic features such as wetlands, springs, seeps, streams, 
lakes, and ponds and their associated banks, that provide moisture 
during periods of spring drought; these features can be ephemeral, 
seasonal, or permanent.
    (v) Soils derived from serpentinite ultramafic rock (Montara, 
Climara, Henneke, Hentine, and Obispo soil series) or similar soils 
(Inks, Candlestick, Los Gatos, Fagan, and Barnabe soil series) that 
provide areas with fewer aggressive, nonnative plant species for larval 
host plant and adult nectar plant survival and reproduction.
    (vi) The presence of stable holes and cracks in the soil, and 
surface rock outcrops that provide shelter for the larval stage of the 
bay checkerspot butterfly during summer diapause.
    (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 on the effective date of this 
rule and not containing one or more of the primary constituent 
elements.
    (4) Critical habitat map units. Data layers defining map units were 
created on a base of USGS 7.5' quadrangles using USDA National 
Agricultural Imagery Program (NAIP) county-wide MrSID compressed 
mosaics of 1 meter resolution and natural color aerial photography from 
summer 2005. Critical habitat units were then mapped using Universal 
Transverse Mercator (UTM) zone 10, North American Datum (NAD) 1983 
coordinates.
    (5) Note: Index map for bay checkerspot butterfly critical habitat 
units (Map 1) follows:

BILLING CODE 4310-55-P

[[Page 48200]]

[GRAPHIC] [TIFF OMITTED] TP22AU07.013


[[Page 48201]]


    (6) Unit 1 for bay checkerspot butterfly: San Bruno Mountain, San 
Mateo County, California. From USGS 1:24,000 scale quadrangle San 
Francisco South.
    (i) Unit 1: Land bounded by the following UTM zone 10, NAD 1983 
coordinates (E,N):; 52853, 4170062; 52856, 4170038; 52862, 4170043; 
52866, 4170045; 52889, 4170061; 52915, 4170074; 52940, 4170084; 52970, 
4170091; 52991, 4170102; 53010, 4170112; 53036, 4170134; 53057, 
4170130; 53070, 4170151; 53089, 4170171; 53112, 4170170; 53135, 
4170154; 53153, 4170109; 53184, 4170104; 53203, 4170081; 53207, 
4170041; 53201, 4169958; 53214, 4169958; 53241, 4169938; 53257, 
4169970; 53281, 4169974; 53303, 4169965; 53323, 4169971; 53344, 
4169964; 53355, 4169943; 53374, 4169943; 53402, 4169930; 53404, 
4169906; 53428, 4169900; 53458, 4169913; 53489, 4169909; 53527, 
4169898; 53563, 4169900; 53592, 4169902; 53627, 4169892; 53656, 
4169877; 53671, 4169859; 53713, 4169856; 53710, 4169804; 53665, 
4169711; 53618, 4169606; 53604, 4169575; 53559, 4169488; 53521, 
4169481; 53492, 4169479; 53478, 4169457; 53474, 4169413; 53454, 
4169388; 53434, 4169364; 53387, 4169340; 53357, 4169322; 53336, 
4169300; 53317, 4169269; 53301, 4169264; 53287, 4169242; 53260, 
4169178; 53235, 4169105; 53164, 4169029; 53100, 4169010; 53101, 
4168943; 53069, 4168920; 53013, 4168954; 52936, 4168954; 52882, 
4169005; 52824, 4169051; 52752, 4169071; 52718, 4169074; 52650, 
4169066; 52628, 4169020; 52610, 4168977; 52552, 4168965; 52580, 
4169045; 52440, 4169117; 52362, 4169110; 52352, 4169041; 52235, 
4169066; 52242, 4169257; 52198, 4169347; 52168, 4169354; 52159, 
4169382; 52152, 4169426; 52142, 4169428; 52127, 4169422; 52107, 
4169432; 52094, 4169445; 52088, 4169459; 52083, 4169491; 52068, 
4169488; 52054, 4169493; 52049, 4169483; 52049, 4169465; 52046, 
4169432; 52038, 4169413; 52024, 4169400; 52010, 4169390; 51996, 
4169388; 51993, 4169373; 51990, 4169352; 51989, 4169338; 51977, 
4169310; 51954, 4169295; 51930, 4169292; 51912, 4169296; 51896, 
4169310; 51876, 4169332; 51849, 4169369; 51827, 4169382; 51815, 
4169391; 51792, 4169390; 51759, 4169390; 51747, 4169402; 51752, 
4169424; 51760, 4169437; 51769, 4169458; 51771, 4169481; 51797, 
4169559; 51721, 4169595; 51695, 4169469; 51667, 4169464; 51647, 
4169469; 51623, 4169501; 51589, 4169527; 51592, 4169674; 51570, 
4169677; 51550, 4169674; 51508, 4169668; 51477, 4169671; 51435, 
4169674; 51423, 4169719; 51419, 4169736; 51408, 4169731; 51394, 
4169713; 51379, 4169697; 51354, 4169691; 51341, 4169690; 51337, 
4169681; 51315, 4169681; 51303, 4169689; 51279, 4169713; 51229, 
4169810; 51184, 4169770; 51171, 4169745; 51155, 4169731; 51135, 
4169723; 51129, 4169719; 51129, 4169710; 51129, 4169690; 51127, 
4169669; 51118, 4169651; 51104, 4169629; 51086, 4169609; 51061, 
4169598; 51035, 4169591; 50999, 4169589; 50967, 4169591; 50935, 
4169599; 50913, 4169616; 50896, 4169638; 50882, 4169668; 50844, 
4169623; 50831, 4169611; 50810, 4169588; 50792, 4169588; 50777, 
4169590; 50760, 4169600; 50748, 4169602; 50738, 4169589; 50731, 
4169574; 50731, 4169561; 50736, 4169542; 50740, 4169517; 50741, 
4169495; 50736, 4169475; 50729, 4169463; 50723, 4169447; 50722, 
4169430; 50718, 4169415; 50710, 4169399; 50701, 4169385; 50690, 
4169374; 50679, 4169365; 50674, 4169349; 50664, 4169330; 50655, 
4169312; 50635, 4169299; 50623, 4169292; 50613, 4169284; 50613, 
4169268; 50597, 4169255; 50583, 4169239; 50580, 4169215; 50583, 
4169191; 50613, 4169153; 50665, 4169090; 50650, 4169068; 50617, 
4169048; 50572, 4169043; 50542, 4169042; 50519, 4169048; 50498, 
4169052; 50483, 4169061; 50461, 4169073; 50444, 4169085; 50387, 
4169124; 50362, 4169151; 50346, 4169178; 50322, 4169174; 50297, 
4169175; 50279, 4169181; 50235, 4169183; 50203, 4169194; 50169, 
4169217; 50139, 4169238; 50122, 4169250; 50104, 4169267; 50081, 
4169290; 50073, 4169317; 50068, 4169345; 50069, 4169377; 50070, 
4169388; 50068, 4169402; 50068, 4169418; 50076, 4169438; 50087, 
4169455; 50087, 4169464; 50068, 4169486; 50054, 4169509; 50044, 
4169534; 50035, 4169557; 50033, 4169584; 50034, 4169608; 50040, 
4169631; 50045, 4169650; 50050, 4169664; 50055, 4169673; 50059, 
4169686; 50068, 4169712; 50078, 4169734; 50090, 4169776; 50096, 
4169811; 50117, 4169844; 50136, 4169877; 50152, 4169904; 50180, 
4169920; 50235, 4169925; 50279, 4169932; 50323, 4169940; 50364, 
4169954; 50399, 4169970; 50412, 4169998; 50435, 4170034; 50460, 
4170069; 50490, 4170103; 50485, 4170138; 50482, 4170165; 50479, 
4170188; 50491, 4170214; 50483, 4170257; 50495, 4170295; 50515, 
4170330; 50547, 4170370; 50580, 4170407; 50613, 4170479; 50624, 
4170446; 50640, 4170421; 50667, 4170395; 50706, 4170376; 50730, 
4170351; 50756, 4170336; 50784, 4170314; 50799, 4170279; 50794, 
4170250; 50767, 4170227; 50774, 4170205; 50811, 4170182; 50851, 
4170185; 50881, 4170201; 50892, 4170233; 50944, 4170243; 50957, 
4170277; 50980, 4170307; 51017, 4170327; 51050, 4170349; 51063, 
4170366; 51069, 4170404; 51069, 4170462; 51093, 4170507; 51112, 
4170535; 51128, 4170569; 51159, 4170601; 51180, 4170643; 51195, 
4170685; 51203, 4170750; 51268, 4170754; 51274, 4170805; 51322, 
4170818; 51364, 4170820; 51385, 4170786; 51354, 4170744; 51345, 
4170699; 51303, 4170619; 51206, 4170481; 51188, 4170457; 51133, 
4170443; 51104, 4170432; 51101, 4170397; 51113, 4170364; 51119, 
4170341; 51150, 4170331; 51167, 4170314; 51187, 4170309; 51214, 
4170298; 51227, 4170315; 51243, 4170321; 51262, 4170291; 51287, 
4170284; 51316, 4170276; 51343, 4170291; 51382, 4170291; 51427, 
4170277; 51455, 4170354; 51495, 4170371; 51506, 4170328; 51536, 
4170284; 51569, 4170288; 51589, 4170279; 51614, 4170278; 51628, 
4170264; 51622, 4170249; 51626, 4170230; 51629, 4170215; 51643, 
4170211; 51657, 4170201; 51673, 4170196; 51689, 4170185; 51711, 
4170180; 51736, 4170180; 51767, 4170176; 51793, 4170180; 51823, 
4170182; 51845, 4170150; 51843, 4170122; 51871, 4170112; 51874, 
4170144; 51879, 4170178; 51893, 4170205; 51914, 4170246; 51916, 
4170287; 51943, 4170335; 51944, 4170395; 51956, 4170442; 51967, 
4170500; 51964, 4170535; 51947, 4170559; 51929, 4170584; 51937, 
4170647; 51943, 4170683; 51944, 4170710; 51919, 4170764; 51916, 
4170789; 51925, 4170815; 51944, 4170850; 51955, 4170879; 51974, 
4170905; 51980, 4170939; 51981, 4170982; 51997, 4170985; 52017, 
4170989; 52040, 4170986; 52056, 4170972; 52076, 4170953; 52091, 
4170957; 52113, 4170977; 52150, 4170992; 52173, 4170975; 52186, 
4170953; 52150, 4170924; 52147, 4170872; 52166, 4170834; 52169, 
4170799; 52160, 4170686; 52125, 4170673; 52125, 4170651; 52160, 
4170651; 52157, 4170619; 52131, 4170600; 52141, 4170564; 52173, 
4170564; 52176, 4170503; 52128,

[[Page 48202]]

4170295; 52125, 4170263; 52134, 4170222; 52153, 4170202; 52176, 
4170190; 52214, 4170190; 52243, 4170206; 52266, 4170196; 52266, 
4170129; 52236, 4170086; 52202, 4170051; 52145, 4169994; 52165, 
4169960; 52221, 4169933; 52269, 4169930; 52319, 4169895; 52385, 
4169894; 52425, 4169868; 52461, 4169881; 52449, 4170010; 52462, 
4170073; 52488, 4170158; 52518, 4170166; 52539, 4170168; 52560, 
4170160; 52575, 4170162; 52596, 4170173; 52616, 4170174; 52651, 
4170154; 52683, 4170159; 52723, 4170154; 52754, 4170155; 52782, 
4170155; 52805, 4170147; 52831, 4170134; 52847, 4170094; returning to 
52853, 4170062.
    (ii) Note: Map of Unit 1 for bay checkerspot butterfly (Map 2) 
follows:

BILLING CODE 4310-55-P

[[Page 48203]]

[GRAPHIC] [TIFF OMITTED] TP22AU07.014

    (7) Unit 2 for bay checkerspot butterfly: Pulgas Ridge, San Mateo 
County, California. From USGS 1:24,000 scale quadrangle San Mateo.
    (i) Unit 2: Land bounded by the following UTM zone 10, NAD 1983

[[Page 48204]]

coordinates (E,N): 558502, 4151442; 558422, 4151451; 558339, 4151484; 
558223, 4151555; 558094, 4151656; 557957, 4151788; 557745, 4152013; 
557545, 4152228; 557398, 4152392; 557274, 4152523; 557191, 4152632; 
557123, 4152751; 557076, 4152838; 557061, 4152902; 557012, 4153060; 
557027, 4153077; 557027, 4153130; 556994, 4153145; 556961, 4153171; 
556939, 4153182; 556936, 4153216; 556913, 4153220; 556880, 4153242; 
556868, 4153273; 556867, 4153329; 557060, 4153350; 557277, 4153095; 
557358, 4153009; 557407, 4152900; 557494, 4152681; 557576, 4152631; 
557851, 4152470; 558104, 4152134; 558210, 4152004; 558320, 4151850; 
558268, 4151803; 558302, 4151758; 558363, 4151800; 558474, 4151666; 
558625, 4151470; 558602, 4151463; 558557, 4151448; returning to 558502, 
4151442.
    (ii) Note: Map of Unit 2 for bay checkerspot butterfly (Map 3) 
follows:
BILLING CODE 4310-55-P

[[Page 48205]]

[GRAPHIC] [TIFF OMITTED] TP22AU07.015


[[Page 48206]]


    (8) Unit 3 for bay checkerspot butterfly: Edgewood Park, San Mateo 
County, California. From USGS 1:24,000 scale quadrangle Woodside.
    (i) Unit 3: Land bounded by the following UTM zone 10, NAD 1983 
coordinates (E,N): 564162, 4146806; 564197, 4146796; 564234, 4146748; 
564270, 4146731; 564196, 4146657; 564182, 4146642; 564169, 4146630; 
564154, 4146615; 564142, 4146585; 564128, 4146601; 564108, 4146585; 
564097, 4146565; 564092, 4146540; 564078, 4146514; 564061, 4146457; 
564032, 4146525; 564003, 4146549; 563949, 4146575; 563903, 4146582; 
563868, 4146576; 563834, 4146542; 563809, 4146492; 563808, 4146448; 
563842, 4146394; 563811, 4146384; 563774, 4146364; 563747, 4146377; 
563726, 4146394; 563702, 4146416; 563668, 4146413; 563684, 4146384; 
563656, 4146377; 563626, 4146409; 563555, 4146423; 563533, 4146403; 
563533, 4146374; 563520, 4146338; 563543, 4146316; 563596, 4146356; 
563604, 4146338; 563576, 4146297; 563520, 4146284; 563450, 4146312; 
563396, 4146314; 563360, 4146293; 563338, 4146263; 563340, 4146229; 
563365, 4146198; 563424, 4146176; 563464, 4146140; 563488, 4146094; 
563459, 4146043; 563420, 4146003; 563361, 4145965; 563305, 4145945; 
563215, 4145902; 563106, 4145980; 563077, 4145966; 563050, 4145976; 
563014, 4145948; 562923, 4146053; 562820, 4146153; 562674, 4146184; 
562550, 4146190; 562503, 4146146; 562432, 4146134; 562367, 4146141; 
562337, 4146177; 562290, 4146269; 562106, 4146315; 562126, 4146380; 
562087, 4146395; 562148, 4146523; 562121, 4146554; 562162, 4146602; 
562260, 4146697; 562284, 4146723; 562369, 4146818; 562418, 4146870; 
562467, 4146918; 562548, 4147005; 562667, 4147115; 562724, 4147186; 
562744, 4147200; 562771, 4147206; 562796, 4147214; 562816, 4147212; 
562849, 4147216; 562862, 4147203; 562874, 4147191; 562858, 4147160; 
562876, 4147148; 562907, 4147149; 562915, 4147187; 562936, 4147221; 
562955, 4147207; 562963, 4147174; 563001, 4147137; 563034, 4147121; 
563052, 4147122; 563063, 4147135; 563063, 4147160; 563070, 4147174; 
563098, 4147180; 563141, 4147173; 563179, 4147179; 563199, 4147187; 
563196, 4147227; 563164, 4147243; 563156, 4147274; 563140, 4147290; 
563124, 4147308; 563103, 4147329; 563087, 4147356; 563093, 4147379; 
563113, 4147405; 563138, 4147424; 563196, 4147403; 563228, 4147396; 
563247, 4147392; 563256, 4147354; 563275, 4147334; 563304, 4147313; 
563304, 4147357; 563312, 4147395; 563324, 4147437; 563329, 4147458; 
563336, 4147478; 563334, 4147508; 563354, 4147530; 563371, 4147543; 
563411, 4147539; 563440, 4147526; 563465, 4147513; 563468, 4147488; 
563457, 4147462; 563446, 4147441; 563436, 4147420; 563429, 4147405; 
563422, 4147390; 563415, 4147377; 563414, 4147360; 563406, 4147327; 
563408, 4147272; 563443, 4147244; 563457, 4147229; 563480, 4147222; 
563502, 4147229; 563517, 4147251; 563534, 4147276; 563553, 4147283; 
563569, 4147282; 563595, 4147274; 563623, 4147264; 563646, 4147239; 
563645, 4147181; 563608, 4147135; 563604, 4147096; 563609, 4147060; 
563647, 4147048; 563675, 4147047; 563668, 4147013; 563671, 4146982; 
563673, 4146964; 563675, 4146954; 563669, 4146934; 563697, 4146903; 
563739, 4146896; 563788, 4146903; 563825, 4146934; 563853, 4146979; 
563862, 4146993; 563882, 4147004; 563902, 4147007; 563915, 4147002; 
563912, 4146981; 563900, 4146963; 563883, 4146944; 563881, 4146913; 
563889, 4146885; 563888, 4146855; 563858, 4146857; 563817, 4146861; 
563749, 4146833; 563727, 4146798; 563744, 4146751; 563776, 4146699; 
563799, 4146661; 563863, 4146689; 563971, 4146735; 563979, 4146753; 
563997, 4146758; 564017, 4146756; 564030, 4146769; 564048, 4146778; 
564080, 4146775; 564099, 4146784; 564131, 4146803; returning to 564162, 
4146806.
    (ii) Note: Map of Unit 3 for bay checkerspot butterfly (Map 4) 
follows:

BILLING CODE 4310-55-P

[[Page 48207]]

[GRAPHIC] [TIFF OMITTED] TP22AU07.016


[[Page 48208]]


    (9) Unit 4 for bay checkerspot butterfly: Jasper Ridge, San Mateo 
County, California. From USGS 1:24,000 scale quadrangle Palo Alto.
    (i) Unit 4: Land bounded by the following UTM zone 10, NAD 1983 
coordinates (E,N): 569513, 4139881; 569524, 4139862; 569550, 4139849; 
569569, 4139829; 569580, 4139812; 569578, 4139791; 569578, 4139780; 
569605, 4139771; 569631, 4139770; 569696, 4139789; 569703, 4139764; 
569676, 4139743; 569686, 4139716; 569736, 4139668; 569782, 4139670; 
569815, 4139659; 569839, 4139671; 569869, 4139687; 569893, 4139716; 
569915, 4139714; 569954, 4139692; 569993, 4139680; 570014, 4139658; 
570027, 4139642; 570046, 4139627; 569983, 4139608; 568859, 4139177; 
568865, 4139205; 568889, 4139237; 568921, 4139265; 568951, 4139280; 
568962, 4139308; 568947, 4139319; 568908, 4139319; 568882, 4139319; 
568882, 4139327; 568885, 4139340; 568885, 4139353; 568876, 4139355; 
568869, 4139342; 568848, 4139319; 568831, 4139278; 568816, 4139261; 
568797, 4139250; 568775, 4139252; 568758, 4139261; 568747, 4139261; 
568736, 4139274; 568745, 4139299; 568749, 4139323; 568728, 4139344; 
568702, 4139342; 568674, 4139342; 568666, 4139342; 568664, 4139362; 
568676, 4139387; 568698, 4139407; 568743, 4139411; 568771, 4139411; 
568805, 4139411; 568816, 4139441; 568846, 4139490; 568852, 4139520; 
568852, 4139527; 568844, 4139531; 568833, 4139507; 568788, 4139495; 
568771, 4139495; 568749, 4139505; 568741, 4139527; 568730, 4139548; 
568724, 4139548; 568713, 4139531; 568694, 4139518; 568685, 4139503; 
568674, 4139501; 568657, 4139501; 568642, 4139495; 568627, 4139484; 
568603, 4139473; 568597, 4139499; 568603, 4139512; 568520, 4139578; 
568505, 4139565; 568475, 4139565; 568470, 4139574; 568479, 4139595; 
568485, 4139621; 568481, 4139625; 568462, 4139617; 568425, 4139604; 
568400, 4139604; 568389, 4139623; 568389, 4139641; 568391, 4139668; 
568404, 4139688; 568410, 4139705; 568410, 4139722; 568412, 4139741; 
568417, 4139746; 568408, 4139752; 568389, 4139737; 568361, 4139718; 
568325, 4139694; 568314, 4139694; 568307, 4139703; 568322, 4139737; 
568335, 4139765; 568348, 4139791; 568335, 4139793; 568315, 4139789; 
568305, 4139799; 568296, 4139814; 568270, 4139808; 568246, 4139783; 
568225, 4139748; 568210, 4139748; 568210, 4139778; 568221, 4139803; 
568247, 4139836; 568261, 4139857; 568252, 4139870; 568210, 4139863; 
568165, 4139858; 568142, 4139865; 568145, 4139890; 568159, 4139919; 
568152, 4139934; 568108, 4139937; 568099, 4139966; 568083, 4139989; 
568070, 4140011; 568066, 4140038; 568090, 4140032; 568131, 4139998; 
568168, 4139984; 568203, 4139975; 568250, 4139976; 568279, 4139979; 
568289, 4139967; 568294, 4139945; 568303, 4139922; 568324, 4139914; 
568345, 4139906; 568371, 4139896; 568407, 4139913; 568461, 4139913; 
568495, 4139923; 568526, 4139951; 568571, 4140000; 568574, 4140034; 
568543, 4140051; 568497, 4140049; 568467, 4140066; 568430, 4140076; 
568397, 4140063; 568353, 4140055; 568300, 4140059; 568250, 4140072; 
568225, 4140087; 568205, 4140107; 568200, 4140141; 568207, 4140177; 
568200, 4140183; 568163, 4140157; 568082, 4140161; 568023, 4140180; 
568005, 4140193; 567998, 4140211; 568015, 4140225; 568027, 4140241; 
568028, 4140259; 568006, 4140269; 567984, 4140271; 567967, 4140280; 
567962, 4140301; 567948, 4140320; 567930, 4140339; 567915, 4140373; 
567904, 4140392; 567938, 4140398; 567980, 4140405; 568008, 4140418; 
568001, 4140442; 567988, 4140457; 568031, 4140467; 568098, 4140470; 
568123, 4140484; 568166, 4140471; 568183, 4140472; 568180, 4140494; 
568172, 4140517; 568147, 4140543; 568153, 4140554; 568184, 4140561; 
568209, 4140577; 568249, 4140579; 568285, 4140585; 568318, 4140597; 
568356, 4140608; 568383, 4140600; 568423, 4140577; 568471, 4140580; 
568488, 4140590; 568483, 4140612; 568507, 4140625; 568551, 4140623; 
568572, 4140632; 568606, 4140653; 568658, 4140676; 568681, 4140691; 
568705, 4140693; 568723, 4140687; 568741, 4140684; 568762, 4140673; 
568807, 4140653; 568830, 4140634; 568862, 4140607; 568873, 4140591; 
568894, 4140584; 568891, 4140566; 568881, 4140556; 568856, 4140536; 
568838, 4140520; 568834, 4140499; 568812, 4140474; 568803, 4140445; 
568791, 4140422; 568786, 4140395; 568739, 4140382; 568733, 4140366; 
568719, 4140353; 568682, 4140355; 568648, 4140350; 568651, 4140331; 
568668, 4140312; 568672, 4140286; 568653, 4140278; 568668, 4140256; 
568713, 4140235; 568736, 4140273; 568769, 4140284; 568805, 4140303; 
568827, 4140297; 568848, 4140312; 568872, 4140321; 568918, 4140335; 
568964, 4140327; 569000, 4140248; 569024, 4140226; 569058, 4140256; 
569097, 4140267; 569129, 4140244; 569166, 4140211; 569186, 4140185; 
569202, 4140165; 569217, 4140136; 569219, 4140119; 569228, 4140106; 
569240, 4140094; 569260, 4140088; 569282, 4140073; 569286, 4140045; 
569284, 4140017; 569286, 4139986; 569279, 4139961; 569254, 4139955; 
569242, 4139943; 569217, 4139920; 569211, 4139900; 569246, 4139893; 
569275, 4139877; 569305, 4139877; 569342, 4139883; 569367, 4139919; 
569404, 4139945; 569434, 4139949; 569455, 4139945; 569485, 4139917; 
returning to 569513, 4139881.
    (ii) Note: Map of Unit 4 for bay checkerspot butterfly (Map 5) 
follows:
BILLING CODE 4310-55-P

[[Page 48209]]

[GRAPHIC] [TIFF OMITTED] TP22AU07.017


[[Page 48210]]


    (10) Unit 5 for bay checkerspot butterfly: Coyote Ridge, Santa 
Clara County, California. From USGS 1:24,000 scale quadrangles San Jose 
East, Lick Observatory, Santa Teresa Hills, and Morgan Hill.
    (i) Unit 5: Land bounded by the following UTM zone 10, NAD 1983 
coordinates (E,N): 607067, 4127789; 607267, 4127710; 607475, 4127729; 
607713, 4127722; 607817, 4127626; 607733, 4127426; 607803, 4127314; 
607825, 4127248; 607762, 4127173; 607740, 4127113; 607808, 4127063; 
607894, 4127046; 608043, 4127019; 608116, 4126921; 608123, 4126707; 
608000, 4126634; 607880, 4126543; 607769, 4126507; 607654, 4126497; 
607668, 4126413; 607779, 4126408; 607805, 4126324; 608058, 4126129; 
608255, 4125992; 608610, 4125722; 608893, 4125417; 609482, 4125417; 
609838, 4125398; 610196, 4125396; 610302, 4125557; 610370, 4125506; 
610487, 4125492; 610584, 4125439; 610692, 4125442; 610769, 4125405; 
610827, 4125316; 610877, 4125249; 610937, 4125251; 610947, 4125345; 
610759, 4125562; 610815, 4125701; 610858, 4125797; 610945, 4125841; 
611101, 4125858; 611199, 4125833; 611308, 4125853; 611356, 4125884; 
611424, 4125805; 611461, 4125744; 611542, 4125723; 611602, 4125671; 
611673, 4125610; 611808, 4125456; 611970, 4125331; 612147, 4125249; 
612322, 4125103; 612539, 4124931; 612515, 4124823; 612590, 4124756; 
612648, 4124664; 612753, 4124575; 612773, 4124506; 612879, 4124335; 
612972, 4124219; 613073, 4124178; 613129, 4124085; 613251, 4123917; 
612901, 4123110; 612999, 4123014; 613100, 4122932; 613193, 4122893; 
613280, 4122832; 613351, 4122715; 613426, 4122657; 613489, 4122657; 
613563, 4122662; 613669, 4122607; 613741, 4122596; 613761, 4121952; 
613847, 4121872; 613918, 4121781; 613988, 4121649; 614098, 4121520; 
614145, 4121459; 614160, 4121384; 614120, 4121332; 614113, 4121264; 
614125, 4121201; 614245, 4121185; 614310, 4121161; 614342, 4121127; 
614393, 4121110; 614418, 4121079; 614433, 4121039; 614479, 4121095; 
614513, 4121108; 614547, 4121103; 614579, 4121103; 614616, 4121102; 
614628, 4121071; 614610, 4121032; 614633, 4121024; 614691, 4121025; 
614737, 4121019; 614760, 4120988; 614750, 4120961; 614713, 4120939; 
614711, 4120903; 614703, 4120876; 614718, 4120863; 614731, 4120832; 
614743, 4120810; 614774, 4120852; 614784, 4120819; 614904, 4120878; 
614919, 4120849; 614913, 4120812; 614919, 4120775; 614897, 4120730; 
614874, 4120715; 614886, 4120686; 614891, 4120659; 614921, 4120671; 
614969, 4120678; 614999, 4120664; 614999, 4120625; 614974, 4120593; 
614980, 4120547; 614950, 4120517; 614942, 4120488; 614970, 4120470; 
614986, 4120424; 614996, 4120339; 615037, 4120410; 615163, 4120270; 
615782, 4119656; 615873, 4119555; 616483, 4119029; 616524, 4118999; 
616548, 4118936; 616751, 4118743; 617140, 4118453; 617213, 4118434; 
617322, 4118406; 617774, 4118066; 617873, 4118037; 617986, 4118057; 
618040, 4118015; 617983, 4117993; 617934, 4117940; 617896, 4117916; 
617930, 4117901; 617984, 4117896; 618000, 4117874; 618032, 4117863; 
618054, 4117849; 618052, 4117820; 618027, 4117810; 618025, 4117766; 
618067, 4117760; 618067, 4117728; 618144, 4117713; 618222, 4117720; 
618262, 4117696; 618278, 4117655; 618256, 4117633; 618279, 4117591; 
618286, 4117527; 618323, 4117503; 618317, 4117455; 618359, 4117439; 
618413, 4117435; 618427, 4117461; 618457, 4117471; 618489, 4117476; 
618489, 4117501; 618516, 4117516; 618545, 4117506; 618559, 4117469; 
618589, 4117466; 618618, 4117430; 618642, 4117442; 618642, 4117477; 
618684, 4117503; 618711, 4117527; 618730, 4117550; 618760, 4117564; 
618797, 4117553; 618818, 4117545; 618836, 4117511; 618852, 4117500; 
618877, 4117494; 618874, 4117457; 618894, 4117445; 618932, 4117427; 
618932, 4117442; 618957, 4117445; 618976, 4117432; 618976, 4117393; 
619062, 4117364; 619092, 4117373; 619113, 4117369; 619111, 4117323; 
619145, 4117283; 619062, 4117188; 619058, 4117150; 619037, 4117123; 
618984, 4117044; 619147, 4117114; 619236, 4117123; 619294, 4117077; 
619329, 4117080; 619357, 4117092; 619387, 4117074; 619392, 4117037; 
619382, 4117011; 619414, 4117004; 619446, 4116993; 619441, 4116938; 
619469, 4116920; 619402, 4116823; 619440, 4116755; 619489, 4116757; 
619515, 4116739; 619583, 4116708; 619659, 4116774; 619806, 4116613; 
619745, 4116580; 619760, 4116519; 619876, 4116570; 619891, 4116539; 
619874, 4116459; 619970, 4116340; 619915, 4116290; 619854, 4116284; 
619808, 4116227; 619760, 4116188; 619866, 4116164; 619958, 4116213; 
620004, 4116181; 619951, 4116136; 619968, 4116109; 620048, 4116152; 
620070, 4116140; 620015, 4116025; 620025, 4115996; 620097, 4116077; 
620139, 4116040; 620177, 4116007; 620101, 4115906; 619985, 4115879; 
619949, 4115869; 619900, 4115865; 619923, 4115831; 619979, 4115805; 
620021, 4115779; 620052, 4115780; 620086, 4115760; 620115, 4115725; 
620141, 4115694; 620199, 4115750; 620290, 4115727; 620413, 4115661; 
620583, 4115555; 620617, 4115454; 620788, 4115324; 620903, 4115266; 
620995, 4115260; 621058, 4115374; 621097, 4115435; 621107, 4115413; 
621122, 4115390; 621149, 4115374; 621156, 4115344; 621200, 4115254; 
621608, 4115039; 621668, 4115004; 621715, 4114977; 621744, 4114932; 
621789, 4114879; 621788, 4114836; 621788, 4114810; 621768, 4114773; 
621773, 4114740; 621772, 4114662; 621773, 4114638; 621766, 4114618; 
621782, 4114597; 621842, 4114600; 621857, 4114586; 621875, 4114583; 
621881, 4114552; 621827, 4114518; 621800, 4114474; 621727, 4114441; 
621038, 4114280; 620937, 4114292; 620831, 4114261; 620028, 4114564; 
619674, 4114732; 619494, 4114297; 619385, 4114096; 619025, 4114273; 
618895, 4114410; 618599, 4114424; 618361, 4114506; 618185, 4114530; 
617740, 4115026; 617095, 4115754; 616662, 4116332; 616403, 4116568; 
616244, 4116697; 616203, 4116810; 616126, 4117005; 615933, 4117032; 
615789, 4117099; 615722, 4117186; 615933, 4117280; 616097, 4117217; 
616167, 4117292; 616030, 4117460; 615914, 4117446; 615683, 4117614; 
615229, 4117907; 615099, 4117854; 615457, 4117510; 615390, 4117438; 
615003, 4117751; 614469, 4118133; 613965, 4118481; 613877, 4118533; 
613865, 4118566; 613797, 4118629; 613843, 4118668; 613790, 4118831; 
613636, 4118894; 613636, 4119149; 613557, 4119283; 613403, 4119531; 
613254, 4119651; 613077, 4119606; 612893, 4119620; 612832, 4119665; 
612853, 4119708; 612847, 4119729; 612784, 4119705; 612770, 4119740; 
612715, 4119760; 612640, 4119824; 612618, 4119872; 612583, 4119977; 
612062, 4120400; 611707, 4120758; 611686, 4120748; 611631, 4120824; 
611294, 4121127; 611234, 4121214; 611301, 4121327; 611238, 4121402; 
610975, 4121590; 610770, 4121774; 610611, 4121899; 610472, 4122085; 
610310, 4122006; 610106, 4122145; 610077, 4122227; 610126, 4122316; 
610217, 4122395; 610179, 4122447; 610133, 4122430; 610089, 4122512; 
610125, 4122559; 610156, 4122607; 610157, 4122653; 610128, 4122660; 
610058, 4122641; 610016, 4122607; 609977, 4122674; 610091, 4122763; 
610187, 4122847; 610220, 4122921; 610249, 4122977; 610374, 4123102; 
610254, 4123181; 610015, 4123335; 609613, 4123583; 609641, 4123630; 
609399, 4123790; 609324, 4123843; 609182, 4124041; 608934, 4123924;

[[Page 48211]]

608736, 4124027; 608538, 4124145; 608423, 4124256; 608167, 4124471; 
608065, 4124633; 608059, 4124666; 607803, 4124871; 607677, 4124973; 
607615, 4125109; 607637, 4125224; 607756, 4125351; 607593, 4125474; 
607351, 4125490; 607272, 4125663; 607018, 4125820; 606980, 4125845; 
606948, 4125876; 606896, 4125972; 606890, 4125996; 606845, 4125998; 
606796, 4126045; 606753, 4126055; 606663, 4126127; 606595, 4126178; 
606463, 4126353; 606314, 4126287; 606282, 4126331; 606153, 4126428; 
605939, 4126505; 605841, 4126533; 605785, 4126693; 605832, 4126844; 
605701, 4126851; 605621, 4127118; 605715, 4127161; 605847, 4127159; 
605992, 4127130; 606076, 4127058; 606215, 4127099; 606422, 4127010; 
606465, 4126897; 606699, 4126796; 606886, 4126695; 607019, 4126736; 
607190, 4126796; 607356, 4126935; 607437, 4127065; 607306, 4127251; 
607149, 4127421; 607062, 4127440; 606910, 4127537; 606714, 4127727; 
606521, 4127943; 606345, 4128015; 606227, 4128006; 606179, 4127924; 
606131, 4127779; 606097, 4127827; 606067, 4127868; 605982, 4127883; 
605953, 4128027; 605857, 4127996; 605761, 4128001; 605703, 4128063; 
605662, 4128160; 605702, 4128211; 605770, 4128251; 605842, 4128289; 
605912, 4128287; 605946, 4128220; 605992, 4128138; 606059, 4128152; 
606148, 4128174; 606210, 4128152; 606324, 4128056; 606410, 4128049; 
606321, 4128171; 606343, 4128210; 606614, 4128290; 606611, 4128519; 
606706, 4128535; 606802, 4128525; 607015, 4128424; 607079, 4128412; 
607069, 4128316; 607125, 4128227; 607190, 4128215; 607202, 4128263; 
607252, 4128252; 606865, 4127849; returning to 607067, 4127789.
    (ii) Note: Unit 5 for bay checkerspot butterfly is depicted on Map 
6 in paragraph (15)(ii) of this entry.
    (11) Unit 6 for bay checkerspot butterfly: Tulare Hill, Santa Clara 
County, California. From USGS 1:24,000 scale quadrangles San Jose East, 
Lick Observatory, Santa Teresa Hills, and Morgan Hill.
    (i) Unit 6: Land bounded by the following UTM zone 10, NAD 1983 
coordinates (E,N): 611281, 4120978; 612010, 4120354; 611543, 4119895; 
611200, 4120245; 611116, 4120132; 611229, 4119983; 611293, 4119653; 
611241, 4119512; 610967, 4119335; 610463, 4118831; 609658, 4119568; 
610117, 4119846; 609799, 4120229; 609915, 4120374; 609819, 4120430; 
610113, 4120749; 610310, 4120833; 610459, 4120769; 610548, 4120910; 
610294, 4121063; 610681, 4121486; returning to 611281, 4120978.
    (ii) Note: Unit 6 for bay checkerspot butterfly is depicted on Map 
6 in paragraph (15)(ii) of this entry.
    (12) Unit 7 for bay checkerspot butterfly: Santa Teresa Hills, 
Santa Clara County, California. From USGS 1:24,000 scale quadrangles 
San Jose East, Lick Observatory, Santa Teresa Hills, and Morgan Hill.
    (i) Unit 7: Land bounded by the following UTM zone 10, NAD 1983 
coordinates (E,N): 602892, 4120825; 602923, 4120888; 602998, 4120912; 
603046, 4120912; 603077, 4120894; 603120, 4120901; 603159, 4120888; 
603185, 4120851; 603194, 4120824; 603233, 4120815; 603305, 4120824; 
603337, 4120812; 603356, 4120775; 603336, 4120735; 603317, 4120709; 
603299, 4120671; 603316, 4120645; 603371, 4120634; 603422, 4120632; 
603481, 4120647; 603524, 4120628; 603599, 4120583; 603652, 4120583; 
603668, 4120618; 603683, 4120664; 603766, 4120676; 603778, 4120651; 
603798, 4120616; 603811, 4120597; 603829, 4120590; 603866, 4120610; 
603887, 4120586; 603927, 4120563; 603991, 4120557; 604041, 4120556; 
604041, 4120561; 604045, 4120581; 604039, 4120610; 604026, 4120620; 
604024, 4120626; 603998, 4120656; 603973, 4120699; 603972, 4120727; 
603976, 4120754; 604006, 4120769; 604040, 4120782; 604073, 4120807; 
604119, 4120837; 604138, 4120855; 604160, 4120865; 604179, 4120865; 
604194, 4120847; 604199, 4120818; 604200, 4120795; 604258, 4120790; 
604294, 4120834; 604356, 4120869; 604368, 4120874; 604382, 4120874; 
604397, 4120865; 604411, 4120855; 604429, 4120847; 604442, 4120832; 
604453, 4120827; 604467, 4120819; 604475, 4120816; 604488, 4120800; 
604510, 4120802; 604554, 4120827; 604549, 4120858; 604561, 4120889; 
604564, 4120912; 604561, 4120952; 604572, 4120972; 604606, 4120977; 
604622, 4120963; 604624, 4120946; 604628, 4120920; 604645, 4120904; 
604680, 4120899; 604729, 4120910; 604729, 4120867; 604787, 4120831; 
604810, 4120814; 604844, 4120783; 604890, 4120765; 604924, 4120799; 
604948, 4120835; 604970, 4120831; 604986, 4120786; 605003, 4120742; 
605064, 4120714; 605093, 4120722; 605132, 4120760; 605163, 4120770; 
605185, 4120744; 605219, 4120689; 605272, 4120656; 605329, 4120668; 
605395, 4120706; 605405, 4120671; 605424, 4120642; 605452, 4120646; 
605473, 4120657; 605509, 4120656; 605548, 4120664; 605588, 4120656; 
605614, 4120682; 605643, 4120689; 605647, 4120649; 605679, 4120645; 
605711, 4120633; 605746, 4120610; 605728, 4120571; 605712, 4120545; 
605685, 4120526; 605653, 4120525; 605613, 4120522; 605608, 4120506; 
605619, 4120496; 605645, 4120487; 605709, 4120480; 605729, 4120443; 
605749, 4120426; 605775, 4120431; 605792, 4120456; 605809, 4120473; 
605836, 4120498; 605864, 4120508; 605879, 4120512; 605904, 4120506; 
605928, 4120490; 605945, 4120465; 605949, 4120449; 605945, 4120432; 
605953, 4120401; 605971, 4120390; 606001, 4120399; 606040, 4120411; 
606076, 4120422; 606105, 4120433; 606133, 4120448; 606158, 4120474; 
606200, 4120494; 606241, 4120516; 606272, 4120540; 606310, 4120548; 
606353, 4120567; 606378, 4120587; 606394, 4120604; 606407, 4120596; 
606422, 4120586; 606474, 4120580; 606521, 4120577; 606553, 4120566; 
606589, 4120544; 606625, 4120524; 606653, 4120496; 606653, 4120520; 
606626, 4120579; 606625, 4120607; 606650, 4120613; 606703, 4120612; 
606736, 4120611; 606751, 4120586; 606748, 4120556; 606762, 4120552; 
606804, 4120566; 606861, 4120594; 606917, 4120615; 606968, 4120624; 
607030, 4120627; 607084, 4120614; 607139, 4120594; 607197, 4120614; 
607194, 4120598; 607195, 4120569; 607195, 4120549; 607188, 4120521; 
607174, 4120507; 607179, 4120472; 607191, 4120455; 607214, 4120443; 
607247, 4120427; 607277, 4120408; 607280, 4120373; 607298, 4120340; 
607305, 4120307; 607332, 4120290; 607364, 4120276; 607395, 4120272; 
607414, 4120266; 607434, 4120261; 607453, 4120267; 607461, 4120254; 
607462, 4120237; 607458, 4120220; 607449, 4120201; 607437, 4120184; 
607421, 4120162; 607397, 4120136; 607370, 4120088; 607327, 4120023; 
607297, 4119983; 607182, 4119926; 607113, 4119874; 607064, 4119832; 
607020, 4119802; 606938, 4119784; 606848, 4119768; 606800, 4119732; 
606822, 4119719; 606891, 4119713; 606982, 4119681; 607021, 4119632; 
607033, 4119550; 607049, 4119507; 607064, 4119439; 607068, 4119404; 
607099, 4119389; 607118, 4119342; 607152, 4119323; 607181, 4119286; 
607199, 4119244; 607188, 4119204; 607229, 4119197; 607254, 4119192; 
607258, 4119169; 607278, 4119158; 607304, 4119172; 607326, 4119155; 
607367, 4119150; 607402, 4119175; 607454, 4119194; 607509, 4119213; 
607702, 4119117; 607733, 4119120; 607774, 4119125; 607775, 4119165; 
607814, 4119200; 607861, 4119222; 607909, 4119212; 607985, 4119188; 
608024, 4119217; 607998, 4119236; 608004, 4119270; 608048, 4119275; 
608100, 4119228; 608156, 4119215; 608213, 4119266; 608334, 4119277;

[[Page 48212]]

608348, 4119343; 608310, 4119427; 608238, 4119516; 608227, 4119572; 
608242, 4119612; 608277, 4119624; 608310, 4119641; 608344, 4119670; 
608363, 4119689; 608375, 4119702; 608395, 4119704; 608413, 4119696; 
608439, 4119686; 608464, 4119677; 608477, 4119655; 608490, 4119640; 
608512, 4119630; 608572, 4119618; 608626, 4119610; 608635, 4119589; 
608624, 4119571; 608565, 4119580; 608500, 4119579; 608482, 4119564; 
608474, 4119543; 608497, 4119516; 608575, 4119522; 608635, 4119479; 
608569, 4119409; 608581, 4119330; 608647, 4119331; 608706, 4119356; 
608749, 4119377; 608758, 4119360; 608746, 4119302; 608722, 4119196; 
608695, 4119111; 608762, 4119101; 608846, 4119140; 608892, 4119222; 
608913, 4119397; 608883, 4119569; 608848, 4119657; 608818, 4119677; 
608789, 4119702; 608778, 4119727; 608781, 4119765; 608788, 4119783; 
608807, 4119789; 608853, 4119782; 608898, 4119751; 608918, 4119731; 
608924, 4119709; 608918, 4119681; 608944, 4119676; 609003, 4119655; 
609001, 4119592; 609027, 4119500; 609059, 4119489; 609106, 4119530; 
609133, 4119547; 609155, 4119553; 609176, 4119581; 609208, 4119588; 
609214, 4119600; 609202, 4119624; 609194, 4119649; 609198, 4119661; 
609212, 4119663; 609248, 4119640; 609263, 4119633; 609289, 4119634; 
609298, 4119633; 609297, 4119609; 609293, 4119585; 609299, 4119555; 
609313, 4119543; 609347, 4119543; 609374, 4119540; 609391, 4119530; 
609411, 4119510; 609428, 4119507; 609440, 4119498; 609446, 4119470; 
609454, 4119451; 609456, 4119415; 609476, 4119391; 609509, 4119359; 
609534, 4119358; 609548, 4119366; 609549, 4119393; 609568, 4119444; 
609582, 4119466; 609606, 4119520; 609628, 4119547; 609656, 4119568; 
609751, 4119477; 609785, 4119449; 610381, 4118905; 610464, 4118833; 
610521, 4118824; 610564, 4118822; 610592, 4118815; 610612, 4118795; 
610617, 4118776; 610617, 4118756; 610624, 4118735; 610650, 4118729; 
610669, 4118717; 610700, 4118710; 610723, 4118718; 610757, 4118723; 
610773, 4118706; 610780, 4118658; 610790, 4118646; 610787, 4118598; 
610775, 4118570; 610773, 4118536; 610771, 4118519; 610782, 4118517; 
610822, 4118530; 610842, 4118528; 610864, 4118520; 610880, 4118508; 
610899, 4118501; 610915, 4118487; 610914, 4118461; 610906, 4118446; 
610889, 4118430; 610886, 4118417; 610902, 4118393; 610900, 4118367; 
610896, 4118340; 610912, 4118330; 610934, 4118310; 610940, 4118282; 
610932, 4118260; 610935, 4118251; 610949, 4118231; 610955, 4118207; 
610957, 4118181; 610964, 4118176; 610991, 4118168; 610989, 4118152; 
610992, 4118113; 611000, 4118109; 611019, 4118109; 611041, 4118121; 
611066, 4118127; 611096, 4118122; 611114, 4118125; 611160, 4118145; 
611185, 4118147; 611220, 4118143; 611254, 4118124; 611259, 4118093; 
611250, 4118046; 611250, 4118012; 611247, 4117972; 611255, 4117966; 
611276, 4117974; 611292, 4117975; 611331, 4117963; 611374, 4117922; 
611421, 4117919; 611446, 4117915; 611462, 4117908; 611475, 4117891; 
611511, 4117839; 611533, 4117814; 611554, 4117805; 611567, 4117772; 
611556, 4117741; 611560, 4117712; 611562, 4117677; 611517, 4117611; 
611572, 4117536; 611578, 4117500; 611570, 4117478; 611547, 4117451; 
611503, 4117429; 611458, 4117422; 611405, 4117439; 611323, 4117480; 
611291, 4117518; 611268, 4117566; 611230, 4117618; 611169, 4117625; 
611114, 4117642; 611070, 4117668; 611029, 4117753; 610965, 4117724; 
610983, 4117689; 610930, 4117568; 610751, 4117496; 610716, 4117445; 
610717, 4117413; 610569, 4117220; 610494, 4117222; 610412, 4117262; 
610370, 4117294; 610350, 4117341; 610281, 4117354; 610220, 4117381; 
610179, 4117413; 610146, 4117441; 610127, 4117492; 610058, 4117531; 
609834, 4117339; 609819, 4117309; 609851, 4117273; 609864, 4117239; 
609877, 4117207; 609909, 4117203; 609953, 4117196; 609972, 4117166; 
609984, 4117137; 610018, 4117122; 610053, 4117096; 610057, 4117069; 
610042, 4117036; 610071, 4116966; 610146, 4116960; 610163, 4116923; 
610160, 4116866; 610192, 4116829; 610241, 4116817; 610277, 4116801; 
610280, 4116771; 610316, 4116759; 610333, 4116735; 610363, 4116715; 
610406, 4116666; 610441, 4116619; 610471, 4116617; 610485, 4116593; 
610463, 4116565; 610449, 4116508; 610398, 4116453; 610395, 4116401; 
610255, 4116374; 609331, 4116659; 609272, 4116667; 609248, 4116696; 
609243, 4116729; 609191, 4116694; 609145, 4116674; 609088, 4116665; 
609059, 4116677; 609041, 4116735; 609019, 4116789; 609017, 4116848; 
609010, 4116900; 608968, 4116871; 608980, 4116797; 608957, 4116761; 
608908, 4116728; 608866, 4116734; 608828, 4116732; 608794, 4116709; 
608767, 4116723; 608748, 4116706; 608763, 4116671; 608754, 4116626; 
608731, 4116590; 608689, 4116582; 608642, 4116574; 608613, 4116607; 
608583, 4116601; 608575, 4116571; 608535, 4116577; 608484, 4116576; 
608459, 4116586; 608478, 4116635; 608495, 4116666; 608516, 4116692; 
608507, 4116721; 608505, 4116759; 608505, 4116799; 608459, 4116780; 
608429, 4116789; 608419, 4116757; 608374, 4116778; 608343, 4116816; 
608330, 4116894; 608294, 4116905; 608267, 4116941; 608227, 4116912; 
608170, 4116888; 608147, 4116869; 608125, 4116829; 608082, 4116819; 
608044, 4116792; 608034, 4116830; 608046, 4116879; 608067, 4116945; 
607973, 4116962; 607862, 4116986; 607811, 4117004; 607575, 4116987; 
607512, 4116967; 607477, 4116922; 607403, 4116908; 607360, 4116925; 
607286, 4116951; 607235, 4116993; 607189, 4117053; 607163, 4117101; 
607132, 4117110; 607087, 4117095; 607056, 4117114; 607035, 4117167; 
607011, 4117226; 606971, 4117268; 606961, 4117348; 606973, 4117424; 
607013, 4117456; 607020, 4117494; 606999, 4117576; 606544, 4118248; 
606457, 4118180; 606425, 4118183; 606179, 4118071; 605401, 4118117; 
605247, 4118180; 605053, 4118269; 604965, 4118348; 605178, 4118600; 
604548, 4118947; 604625, 4119145; 604788, 4119569; 604936, 4119955; 
604817, 4119974; 604817, 4120089; 604555, 4120119; 604414, 4120139; 
604263, 4120151; 604157, 4120145; 604024, 4120117; 603930, 4120140; 
603827, 4120202; 603692, 4120233; 603621, 4120283; 603584, 4120418; 
603491, 4120502; 603421, 4120536; 603323, 4120533; 603257, 4120527; 
603186, 4120531; 603061, 4120582; 603033, 4120676; 602970, 4120751; 
returning to 602892, 4120825.
    (ii) Note: Unit 7 for bay checkerspot butterfly is depicted on Map 
6 in paragraph (15)(ii) of this entry.
    (13) Unit 8 for bay checkerspot butterfly: Calero Reservoir, Santa 
Clara County, California. From USGS 1:24,000 scale quadrangles San Jose 
East, Lick Observatory, Santa Teresa Hills, and Morgan Hill.
    (i) Unit 8: Land bounded by the following UTM zone 10, NAD 1983 
coordinates (E,N): 605493, 4116867; 605661, 4116896; 605718, 4116853; 
605799, 4116844; 605856, 4116923; 605938, 4116906; 606045, 4116752; 
606122, 4116520; 606156, 4116383; 606165, 4116288; 606051, 4116182; 
606069, 4116127; 606132, 4116039; 606177, 4116025; 606230, 4116083; 
606269, 4115997; 606336, 4116015; 606337, 4115938; 606300, 4115931; 
606262, 4115861; 606326, 4115838; 606387, 4115849; 606433, 4115829; 
606519, 4115734; 606574, 4115740; 606867, 4115901; 606937, 4115907; 
606994, 4115890; 607043, 4115856; 607081, 4115818; 607068, 4115755; 
607090, 4115693; 607144, 4115664;

[[Page 48213]]

607241, 4115643; 607290, 4115588; 607342, 4115554; 607159, 4115391; 
607119, 4115368; 607073, 4115389; 607047, 4115495; 606903, 4115584; 
606837, 4115586; 606861, 4115560; 606919, 4115549; 606944, 4115530; 
606950, 4115482; 606978, 4115469; 606996, 4115393; 606975, 4115370; 
606902, 4115402; 606901, 4115371; 606921, 4115339; 606904, 4115306; 
606880, 4115337; 606861, 4115296; 606876, 4115251; 606935, 4115241; 
606958, 4115263; 606986, 4115195; 607026, 4115199; 607027, 4115255; 
607060, 4115266; 607082, 4115207; 607089, 4115149; 607179, 4115149; 
607266, 4115115; 607415, 4115156; 607464, 4115136; 607555, 4115164; 
607716, 4115136; 607712, 4115003; 607657, 4114850; 607604, 4114753; 
607518, 4114686; 607611, 4114702; 607791, 4114919; 607826, 4114984; 
607808, 4115366; 607972, 4115293; 608186, 4115186; 608470, 4115055; 
608850, 4114830; 608992, 4114854; 609129, 4114812; 609117, 4115020; 
608880, 4115233; 608512, 4115397; 608059, 4115492; 608029, 4115644; 
607959, 4115592; 607880, 4115595; 607966, 4115726; 608052, 4115817; 
608155, 4115878; 608258, 4115908; 608358, 4115910; 608437, 4115938; 
608556, 4115906; 608545, 4115971; 608608, 4115990; 608682, 4115957; 
608750, 4115901; 608776, 4115906; 608815, 4115934; 608892, 4115927; 
608946, 4115873; 608948, 4115826; 608906, 4115731; 608967, 4115710; 
609032, 4115647; 609481, 4115100; 609477, 4115025; 609577, 4114951; 
609821, 4114856; 609866, 4114711; 609880, 4114582; 610030, 4114486; 
610081, 4114398; 610120, 4114330; 610159, 4114322; 610155, 4114287; 
610124, 4114240; 610287, 4114038; 610327, 4113965; 610319, 4113865; 
610257, 4113742; 610202, 4113705; 610079, 4113729; 609993, 4113754; 
609891, 4113813; 609798, 4113845; 609735, 4113885; 609737, 4113963; 
609663, 4114035; 609563, 4114088; 609524, 4114248; 609455, 4114356; 
609212, 4114403; 609004, 4114676; 608945, 4114439; 608774, 4114422; 
608635, 4114302; 608547, 4114164; 608453, 4113729; 608135, 4113470; 
608079, 4113433; 608043, 4113356; 608038, 4113230; 608012, 4113254; 
607980, 4113238; 607947, 4113270; 607907, 4113243; 607855, 4113282; 
607814, 4113362; 607802, 4113545; 607694, 4113606; 607526, 4113700; 
607691, 4113754; 607691, 4114069; 607465, 4114176; 607326, 4114660; 
606930, 4114755; 606709, 4114597; 606401, 4114641; 606250, 4114805; 
605916, 4114924; 605715, 4115195; 605293, 4115604; 605224, 4115604; 
605180, 4115755; 605224, 4115869; 605035, 4116101; 605042, 4116215; 
605067, 4116309; 605123, 4116366; 605229, 4116454; 605338, 4116598; 
605387, 4116705; returning to 605493, 4116867.
    (ii) Note: Unit 8 for bay checkerspot butterfly is depicted on Map 
6 in paragraph (15)(ii) of this entry.
    (14) Unit 9 for bay checkerspot butterfly: Kalana Hills, Santa 
Clara County, California. From USGS 1:24,000 scale quadrangles San Jose 
East, Lick Observatory, Santa Teresa Hills, and Morgan Hill.
    (i) Subunit 9A: Land bounded by the following UTM zone 10, NAD 1983 
coordinates (E,N): 612463, 4115364; 612548, 4115283; 612611, 4115228; 
612581, 4115190; 612560, 4115157; 612725, 4114962; 612697, 4114924; 
612640, 4114916; 612512, 4114806; 612469, 4114770; 612456, 4114706; 
612331, 4114635; 612276, 4114621; 612159, 4114668; 612036, 4114796; 
611975, 4114842; 611928, 4114901; 611857, 4114927; 611811, 4114924; 
611806, 4115198; 611735, 4115382; 611703, 4115487; 611772, 4115526; 
611741, 4115600; 611742, 4115605; 612028, 4115820; returning to 612463, 
4115364.
    (ii) Subunit 9B: Land bounded by the following UTM zone 10, NAD 
1983 coordinates (E,N): 613292, 4114458; 613477, 4114328; 613645, 
4114236; 613859, 4114112; 613800, 4114081; 613704, 4114080; 613628, 
4114115; 613585, 4114092; 613570, 4114010; 613464, 4114059; 613430, 
4114072; 613412, 4114118; 613349, 4114160; 613257, 4114211; 613194, 
4114197; 613162, 4114145; 613100, 4114181; 613139, 4114270; 613039, 
4114320; 612961, 4114257; 612887, 4114301; 612805, 4114303; 612782, 
4114273; 612765, 4114285; 612767, 4114321; 612781, 4114386; 612835, 
4114456; 612806, 4114528; 612760, 4114555; 612828, 4114608; 612909, 
4114620; 613022, 4114548; 613029, 4114509; 612967, 4114492; 612953, 
4114422; 612990, 4114368; 613090, 4114360; 613112, 4114463; 613178, 
4114499; returning to 613292, 4114458.
    (iii) Note: Unit 9 for bay checkerspot butterfly is depicted on Map 
6 in paragraph (15)(ii) of this entry.
    (15) Unit 10 for bay checkerspot butterfly: Morgan Hill, Santa 
Clara County, California. From USGS 1:24,000 scale quadrangles San Jose 
East, Lick Observatory, Santa Teresa Hills, and Morgan Hill.
    (i) Unit 10: Land bounded by the following UTM zone 10, NAD 1983 
coordinates (E,N): 617448, 4111989; 617422, 4111978; 617343, 4111978; 
617295, 4111947; 617252, 4111862; 617269, 4111828; 617405, 4111774; 
617445, 4111797; 617501, 4111797; 617512, 4111746; 617589, 4111729; 
617733, 4111766; 618083, 4111853; 618116, 4111766; 618023, 4111705; 
617936, 4111647; 617899, 4111684; 617764, 4111596; 617933, 4111368; 
617964, 4111303; 617953, 4111188; 617891, 4111138; 617937, 4111083; 
617919, 4111040; 617865, 4111014; 617798, 4111069; 617586, 4110876; 
617618, 4110838; 617504, 4110738; 617459, 4110704; 617380, 4110673; 
617197, 4110835; 617009, 4111119; 616981, 4111133; 616936, 4111110; 
616925, 4111147; 616908, 4111187; 616885, 4111204; 616843, 4111232; 
616817, 4111274; 616809, 4111303; 616781, 4111297; 616758, 4111257; 
616724, 4111221; 616713, 4111159; 616744, 4111088; 616724, 4111060; 
616730, 4111037; 616789, 4110983; 616702, 4110933; 616668, 4110952; 
616620, 4110952; 616611, 4110901; 616436, 4111062; 616394, 4111037; 
616410, 4110989; 616472, 4110988; 616532, 4110930; 616523, 4110872; 
616555, 4110831; 616077, 4110537; 616073, 4110327; 615914, 4110402; 
615846, 4110431; 615912, 4110524; 615761, 4110576; 615745, 4110646; 
615715, 4110728; 615645, 4110790; 615684, 4110906; 615779, 4110867; 
615779, 4110825; 615918, 4110725; 616038, 4110856; 615936, 4110930; 
615947, 4111077; 615894, 4111105; 615830, 4111216; 615902, 4111306; 
615866, 4111429; 615933, 4111449; 616044, 4111449; 616147, 4111428; 
616225, 4111410; 616275, 4111430; 616313, 4111483; 616368, 4111489; 
616399, 4111520; 616394, 4111579; 616380, 4111625; 616430, 4111650; 
616484, 4111622; 616498, 4111585; 616555, 4111562; 616671, 4111591; 
616659, 4111653; 616685, 4111715; 616741, 4111780; 616846, 4111829; 
616677, 4112120; 616760, 4112261; 616792, 4112343; 617011, 4112356; 
617160, 4112394; 617286, 4112306; 617433, 4112045; returning to 617448, 
4111989.
    (ii) Note: Map of Units 5, 6, 7, 8, 9, and 10 for bay checkerspot 
butterfly (Map 6) follows:

BILLING CODE 4310-55-P

[[Page 48214]]

[GRAPHIC] [TIFF OMITTED] TP22AU07.018


[[Page 48215]]


    (16) Unit 11 for bay checkerspot butterfly: Bear Ranch, Santa Clara 
County, California. From USGS 1:24,000 scale quadrangle Gilroy.
    (i) Unit 11: Land bounded by the following UTM zone 10, NAD 1983 
coordinates (E,N): 627973, 4108674; 627997, 4108657; 628036, 4108657; 
628517, 4109013; 628547, 4108986; 628569, 4108953; 628609, 4108899; 
628654, 4108810; 628675, 4108776; 628697, 4108753; 628708, 4108717; 
628701, 4108687; 628683, 4108668; 628708, 4108618; 628719, 4108578; 
628726, 4108557; 628743, 4108538; 628759, 4108514; 628766, 4108489; 
628774, 4108448; 628776, 4108413; 628784, 4108394; 628817, 4108358; 
628831, 4108330; 628826, 4108298; 628807, 4108267; 628805, 4108252; 
628827, 4108246; 628860, 4108239; 628888, 4108215; 628898, 4108190; 
628894, 4108156; 628900, 4108135; 628887, 4108097; 628904, 4108060; 
628979, 4108058; 629013, 4108041; 629055, 4108005; 629077, 4107951; 
629088, 4107915; 629087, 4107847; 629078, 4107807; 629067, 4107784; 
629066, 4107756; 629091, 4107733; 629173, 4107654; 629175, 4107635; 
629169, 4107615; 629169, 4107587; 629179, 4107557; 629175, 4107530; 
629168, 4107503; 629165, 4107484; 629171, 4107459; 629187, 4107421; 
629189, 4107417; 629202, 4107391; 629194, 4107359; 629201, 4107321; 
629205, 4107280; 629212, 4107231; 629207, 4107184; 629180, 4107141; 
629074, 4107086; 628673, 4107122; 628603, 4107130; 628601, 4107162; 
628573, 4107168; 628532, 4107165; 628503, 4107198; 628506, 4107272; 
628469, 4107287; 628445, 4107329; 628430, 4107404; 628394, 4107391; 
628343, 4107380; 628308, 4107377; 628283, 4107408; 628271, 4107440; 
628262, 4107475; 628245, 4107455; 628210, 4107426; 628174, 4107460; 
628124, 4107465; 628093, 4107495; 628053, 4107491; 628029, 4107548; 
628013, 4107667; 628012, 4107711; 627993, 4107768; 627991, 4107794; 
628009, 4107788; 628016, 4107820; 628005, 4107861; 628010, 4107889; 
628036, 4107929; 628033, 4107940; 628018, 4107951; 628013, 4107968; 
628015, 4108010; 627996, 4108039; 627986, 4108074; 627971, 4108126; 
627966, 4108194; 627951, 4108213; 627936, 4108263; 627899, 4108298; 
627893, 4108347; 627914, 4108383; 627912, 4108399; 627808, 4108571; 
627781, 4108644; 627779, 4108668; 627787, 4108683; 627818, 4108682; 
627856, 4108676; 627906, 4108689; 627933, 4108694; returning to 627973, 
4108674.
    (ii) Note: Map of Unit 11 for bay checkerspot butterfly (Map 7) 
follows:

BILLING CODE 4310-55-P

[[Page 48216]]

[GRAPHIC] [TIFF OMITTED] TP22AU07.019


[[Page 48217]]


    (17) Unit 12 for bay checkerspot butterfly: San Martin, Santa Clara 
County, California. From USGS 1:24,000 scale quadrangles Mt. Madonna 
and Gilroy.
    (i) Unit 12: Land bounded by the following UTM zone 10, NAD 1983 
coordinates (E,N): 622117, 4104697; 622143, 4104673; 622172, 4104651; 
622221, 4104573; 622271, 4104488; 622281, 4104444; 622254, 4104303; 
622265, 4104278; 622317, 4104276; 622354, 4104249; 622389, 4104240; 
622423, 4104196; 622439, 4104145; 622461, 4104090; 622457, 4104054; 
622432, 4104015; 622411, 4103941; 622393, 4103859; 622404, 4103809; 
622421, 4103769; 622421, 4103689; 622441, 4103649; 622487, 4103631; 
622538, 4103599; 622557, 4103529; 622591, 4103461; 622575, 4103406; 
622538, 4103358; 622441, 4103346; 622399, 4103363; 622352, 4103322; 
622274, 4103300; 622206, 4103304; 622098, 4103341; 622020, 4103370; 
621920, 4103382; 621843, 4103390; 621812, 4103362; 621779, 4103365; 
621739, 4103372; 621700, 4103404; 621682, 4103449; 621705, 4103496; 
621667, 4103560; 621569, 4103489; 621509, 4103489; 621463, 4103477; 
621464, 4103459; 621411, 4103467; 621348, 4103472; 621288, 4103477; 
621223, 4103476; 621183, 4103476; 621127, 4103476; 621079, 4103490; 
621030, 4103508; 620988, 4103525; 620973, 4103571; 620996, 4103623; 
621025, 4103666; 621055, 4103695; 621076, 4103707; 621079, 4103733; 
621087, 4103764; 621112, 4103805; 621046, 4103796; 621009, 4103805; 
620979, 4103791; 620922, 4103774; 620887, 4103775; 620871, 4103811; 
620845, 4103873; 620806, 4103922; 620751, 4103944; 620702, 4103984; 
620679, 4103961; 620627, 4103961; 620593, 4103979; 620591, 4104020; 
620568, 4104053; 620542, 4104032; 620509, 4104030; 620482, 4104039; 
620450, 4104073; 620393, 4104116; 620330, 4104174; 620283, 4104200; 
620255, 4104240; 620230, 4104262; 620197, 4104288; 620191, 4104325; 
620193, 4104362; 620203, 4104399; 620176, 4104412; 620126, 4104472; 
620132, 4104499; 620211, 4104578; 620245, 4104578; 620329, 4104574; 
620440, 4104541; 620510, 4104492; 620543, 4104480; 620529, 4104405; 
620612, 4104386; 620646, 4104431; 620657, 4104489; 620672, 4104509; 
620728, 4104541; 620794, 4104556; 620852, 4104539; 620909, 4104525; 
620931, 4104568; 620942, 4104598; 620946, 4104627; 620968, 4104627; 
620988, 4104586; 621013, 4104556; 621034, 4104566; 621046, 4104621; 
621098, 4104634; 621083, 4104537; 621176, 4104528; 621262, 4104540; 
621334, 4104549; 621398, 4104575; 621488, 4104622; 621559, 4104617; 
621598, 4104563; 621688, 4104533; 621739, 4104536; 621811, 4104464; 
621836, 4104417; 621908, 4104391; 621947, 4104386; 621930, 4104434; 
621900, 4104474; 621915, 4104511; 621952, 4104544; 622003, 4104529; 
622034, 4104556; 622021, 4104585; 622011, 4104596; 622029, 4104622; 
622038, 4104647; 622064, 4104649; 622094, 4104646; 622113, 4104680; 
returning to 622117, 4104697.
    (ii) Note: Map of Unit 12 for bay checkerspot butterfly (Map 8) 
follows:

BILLING CODE 4310-55-P

[[Page 48218]]

[GRAPHIC] [TIFF OMITTED] TP22AU07.020

* * * * *

    Dated: August 13, 2007.
Todd Willens,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 07-4060 Filed 8-21-07; 8:45 am]
BILLING CODE 4310-55-C


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