[Federal Register Volume 70, Number 176 (Tuesday, September 13, 2005)]
[Proposed Rules]
[Pages 54106-54143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17755]



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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Proposed Designation of 
Critical Habitat for the Southern California Distinct Vertebrate 
Population Segment of the Mountain Yellow-Legged Frog (Rana muscosa); 
Proposed Rule

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AU30


Endangered and Threatened Wildlife and Plants; Proposed 
Designation of Critical Habitat for the Southern California Distinct 
Vertebrate Population Segment of the Mountain Yellow-Legged Frog (Rana 
muscosa)

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 
designate critical habitat for the endangered southern California 
distinct vertebrate population segment (DPS) of the mountain yellow-
legged frog (Rana muscosa) pursuant to the Endangered Species Act of 
1973, as amended (Act). We have determined that approximately 8,770 ac 
(3,549 ha) of land containing features essential to the conservation of 
the mountain yellow-legged frog exist in Los Angeles, San Bernardino, 
and Riverside Counties, CA. We are proposing to designate approximately 
8,283 acres (ac) (3,352 hectares (ha)) of streams and riparian areas as 
critical habitat within 3 units in southern California, further divided 
into subunits: Unit 1 (7 subunits) in the San Gabriel Mountains (Los 
Angeles and San Bernardino counties); Unit 2 (3 subunits) in San 
Bernardino Mountains (San Bernardino County); and Unit 3 (4 subunits) 
in the San Jacinto Mountains (Riverside County). Lands being proposed 
as critical habitat are under Federal, local/state, and private 
ownership; no tribal lands are included in this proposed designation. 
This proposed designation includes areas currently known to be occupied 
by the southern California DPS of the mountain yellow-legged frog, as 
well as several areas that were historically occupied, but are 
currently unoccupied. We are proposing to exclude critical habitat from 
approximately 487 ac (197 ha) of non-Federal lands within existing 
Public/Quasi Public (PQP) lands, proposed conceptual reserve design 
lands, and lands targeted for conservation within the Western Riverside 
County Multiple Species Habitat Conservation Plan (MSHCP) Area under 
section 4(b)(2) of the Act.

DATES: We will accept comments from all interested parties until 
November 14, 2005. We must receive requests for public hearings, in 
writing, at the address shown in the ADDRESSES section by October 28, 
2005.

ADDRESSES: If you wish to comment, you may submit your comments and 
materials concerning this proposal by any one of several methods:
    1. You may submit written comments and information to Jim Bartel, 
Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad Fish and 
Wildlife Office, 6010 Hidden Valley Road, Carlsbad, California 92011.
    2. You may hand-deliver written comments to our Office, at the 
above address.
    3. You may send comments by electronic mail (e-mail) to [<a href="/cdn-cgi/l/email-protection#591f0e681a1f0e16061400151f091a11193f2e2a773e362f"><span class="__cf_email__" data-cfemail="c68091f785809189998b9f8a8096858e86a0b1b5e8a1a9b0">[email protected]</span></a>]. Please also include ``Attn: mountain yellow-legged 
frog'' in your e-mail subject header and see the Public Comments 
Solicited section below for file format and other information about 
electronic filing.
    1. You may fax your comments to (760) 431-9624.
    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 Carlsbad Fish and Wildlife Office, 6010 Hidden Valley 
Road, Carlsbad, California 92011 (telephone (760) 431-9440).

FOR FURTHER INFORMATION CONTACT: Field Supervisor, Carlsbad Fish and 
Wildlife Office, 6010 Hidden Valley Road, Carlsbad, California 92011, 
(telephone (760) 431-9440; facsimile (760) 431-9624).

SUPPLEMENTARY INFORMATION:

Public Comments Solicited

    We intend that any final action resulting from this proposal will 
be as accurate and as effective as possible. Therefore, comments or 
suggestions from the public, other concerned governmental agencies, the 
scientific community, industry, or any other interested party 
concerning this proposed rule are hereby solicited. Comments 
particularly are sought concerning:
    (1) Specific information on the southern California distinct 
vertebrate population segment (DPS) of the mountain yellow-legged frog: 
i.e., the locations of known occurrences of individuals or 
subpopulations, the dispersal behavior and distances of adults, 
juveniles and tadpoles, the developmental time of tadpoles and their 
habitat requirements throughout the year, genetic information in the 
mountain yellow-legged frog, recreation impacts, impacts of non-native 
predators;
    (2) Specific information as to whether the physical and biological 
features we have identified essential to its conservation are accurate 
and whether they exist on those areas we have identified as occupied;
    (3) If those unoccupied areas proposed to be designated are all 
essential to the conservation to the species;
    (4) The proposed exclusion of habitat on non-Federal lands within 
existing Public/Quasi Public (PQP) lands, proposed conceptual reserve 
design lands, and lands targeted for conservation within the Western 
Riverside County Multiple Species Habitat Conservation Plan (MSHCP) 
under section 4(b)(2) of the Act. Please provide information 
demonstrating the conservation benefits of including these lands exceed 
the benefits of excluding these lands. If the Secretary determines the 
benefits of including the lands outweigh the benefits of excluding 
them, they will not be excluded from critical habitat;
    (5) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat;
    (6) Any foreseeable economic, national security, or other potential 
impacts resulting from the proposed designation and, in particular, any 
impacts on small entities; and
    (7) 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.
    If you wish to comment, you may submit your comments and materials 
concerning this proposal by any one of several methods (see ADDRESSES). 
Please submit Internet comments to [<a href="/cdn-cgi/l/email-protection#337564027075647c6c7e6a7f7563707b735544401d545c45"><span class="__cf_email__" data-cfemail="a6e0f197e5e0f1e9f9ebffeae0f6e5eee6c0d1d588c1c9d0">[email protected]</span></a>] in ASCII 
file format and avoid the use of special characters or any form of 
encryption. Please also include ``Attn: mountain yellow-legged frog'' 
in your e-mail subject header and your name and return address in the 
body of your message. If you do not receive a confirmation from the 
system that we have received your Internet message, contact us directly 
by calling our Carlsbad Fish and Wildlife Office at phone number 760/
431-944. Please note that the Internet address [<a href="/cdn-cgi/l/email-protection#450312740603120a1a081c090315060d052332366b222a33"><span class="__cf_email__" data-cfemail="793f2e483a3f2e36263420353f293a31391f0e0a571e160f">[email protected]</span></a>] will be closed out at the termination of the public 
comment period.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours.

[[Page 54107]]

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

Designation of Critical Habitat Provides Little Additional Protection 
to Species

    In 30 years of implementing the Act, the U.S. Fish and Wildlife 
Service (Service) has found that the designation of statutory critical 
habitat provides little additional protection to most listed species, 
while consuming significant amounts of available conservation 
resources. The Service's present system for designating critical 
habitat has evolved since its original statutory prescription into a 
process that provides little real conservation benefit, is driven by 
litigation and the courts rather than biology, limits our ability to 
fully evaluate the science involved, consumes enormous agency 
resources, and imposes huge social and economic costs). The Service 
believes that additional agency discretion would allow our focus to 
return to those actions that provide the greatest benefit to the 
species most in need of protection.
    In this current proposed critical habitat rule, we have determined 
that the identification and conservation of unoccupied habitat is 
necessary for the long-term persistence of the mountain yellow-legged 
frog. In the case of this species, because we have determined it 
necessary to propose critical habitat in unoccupied areas, the critical 
habitat designation will provide a benefit to the species.

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

    While attention to and protection of habitat is paramount to 
successful conservation actions, we have consistently found that, in 
most circumstances, the designation of critical habitat is of little 
additional value for most listed species, yet it consumes large amounts 
of conservation resources. Sidle (1987) stated, ``Because the Act can 
protect species with and without critical habitat designation, critical 
habitat designation may be redundant to the other consultation 
requirements of section 7.'' Currently, of the 1,253 listed species in 
the U.S. under the jurisdiction of the Service, only 471 species (38 
percent) have designated critical habitat. We address the habitat needs 
of all 1,253 listed species through conservation mechanisms such as 
listing, section 7 consultations, the section 4 recovery planning 
process; the section 9 protective prohibitions of unauthorized take, 
section 6 funding to the States, and the section 10 incidental take 
permit process. The Service believes that it is these measures that may 
make the difference between extinction and survival for many species.
    We note, however, that a recent Ninth Circuit judicial opinion, 
Gifford Pinchot Task Force v. United States Fish and Wildlife Service, 
has invalidated the Service's regulation defining destruction or 
adverse modification of critical habitat. In response, on December 9, 
2004, the Director issued guidance to be used in making section 7 
adverse modification determinations. This critical habitat designation 
does not use the invalidated regulation in our consideration of 
critical habitat's benefits.

Procedural and Resource Difficulties in Designating Critical Habitat

    We have been inundated with lawsuits for our failure to designate 
critical habitat, and we face a growing number of lawsuits challenging 
critical habitat determinations once they are made. These lawsuits have 
subjected the Service to an ever-increasing series of court orders and 
court-approved settlement agreements, compliance with which now 
consumes nearly the entire listing program budget. This leaves the 
Service with little ability to prioritize its activities to direct 
scarce listing resources to the listing program actions with the most 
biologically urgent species conservation needs.
    The consequence of the critical habitat litigation activity is that 
limited listing funds are used to defend active lawsuits, to respond to 
Notices of Intent (NOIs) to sue relative to critical habitat, and to 
comply with the growing number of adverse court orders. As a result, 
listing petition responses, the Service's own proposals to list 
critically imperiled species, and final listing determinations on 
existing proposals are all significantly delayed.
    The accelerated schedules of court ordered designations have left 
the Service with almost no ability to provide for adequate public 
participation or to ensure a defect-free rulemaking process before 
making decisions on listing and critical habitat proposals due to the 
risks associated with noncompliance with judicially-imposed deadlines. 
This in turn fosters a second round of litigation in which those who 
fear adverse impacts from critical habitat designations challenge those 
designations. The cycle of litigation appears endless, is very 
expensive, and in the final analysis provides relatively little 
additional protection to listed species.
    The costs resulting from the designation include legal costs, the 
cost of preparation and publication of the designation, the analysis of 
the economic effects and the cost of requesting and responding to 
public comment, and in some cases the costs of compliance with the 
National Environmental Policy Act (NEPA). None of these costs result in 
any benefit to the species that is not already afforded by the 
protections of the Act enumerated earlier, and they directly reduce the 
funds available for direct and tangible conservation actions.

Background

    Please refer to the final listing rule published in the Federal 
Register on July 2, 2002 (67 FR 44382) for a detailed discussion on the 
taxonomic history and description of the southern California distinct 
vertebrate population segment (DPS) of the mountain yellow-legged frog 
(Rana muscosa), hereafter referred to as the mountain yellow-legged 
frog. It is our intent in this document to reiterate and discuss only 
those topics directly relevant to the development and designation of 
critical habitat or relevant information obtained since the final 
listing.
    The mountain yellow-legged frog is in the family of true frogs, 
Ranidae, which consists of frogs that are more closely tied to water 
bodies for breeding and foraging than other frog or toad species. 
Mountain yellow-legged frogs are diurnal frogs, occupying rocky and 
shaded streams with cool waters originating from springs and snowmelt. 
Many of the streams in which they historically occurred have a 
relatively steep gradient with large boulders in the streambeds 
(Stebbins 1951).
    Historically, mountain yellow-legged frogs in southern California 
were documented over a wide elevation range, from 1,214 ft to 7,513 ft 
(370 m

[[Page 54108]]

to 2,290 m) (Jennings and Hayes 1994a), and in a wide variety of 
wetland habitats, including lakes, rivers, creeks, ponds, and marshes 
(Zweifel 1955, Mullally 1959, Schoenherr 1976, Jennings 1994a, b, 
Vredenburg et al. 2005).
    Mountain yellow-legged frogs historically occurred in streams on 
both the desert and coastal slopes of the San Gabriel, San Bernardino, 
San Jacinto, and Palomar Mountains in Los Angeles, San Bernardino, 
Riverside, and San Diego counties (Zweifel 1955). Despite the close 
proximity of the Transverse Mountain Ranges to highly populated areas 
such as Los Angeles, Riverside, and San Diego, the vertebrate fauna has 
been relatively little studied, particularly in the San Gabriel 
Mountains (Jennings 1994). Over 40 years ago, Schoenherr (1976) and 
Zweifel (1955) described the distribution of frogs in the region, but 
their studies were not encompassing; e.g. in the San Gabriel Mountains, 
their works were conducted in the southern and western areas. Little to 
no observations were collected in the 1980's, but during the 1990's, 
Jennings (1993, 1994, 1995, 1998, 1999) surveyed for the mountain 
yellow-legged frog extensively in the region. This work was 
subsequently resumed by USGS, who has conducted annual surveys for 
mountain yellow-legged frog in southern California since 2000.
    In the most recent USGS survey report on the mountain yellow-legged 
frog in southern California, Backlin et al. (2004) used historical 
records to compare the locations of where frogs previously were found 
to the locations of the current, extant populations and concluded that 
between the 1900's and today, it is evident that the mountain yellow-
legged frog has disappeared from nearly all of its former range in 
southern California. Between 2000 and 2003, USGS, USFS, and CDFG 
conducted extensive surveys for mountain yellow-legged frogs at their 
historical locations and other areas with suitable habitat. Backlin et 
al. (2004) gave the overall survey results: mountain yellow-legged 
frogs are currently known to occur in only 8 areas in southern 
California, and all were located in isolated headwater streams (Backlin 
et al. 2004). Most of these populations occur above (upstream of) a 
barrier, natural or artificial, which limits upstream movement by fish 
(cf. Backlin et al. 2004; A. Backlin, USGS, pers. comm. 2005). In the 
Palomar Mountains, where mountain yellow-legged frog previously 
occurred, no recent, exhaustive surveys have been conducted (Backlin et 
al. 2004). Additional surveys need to be conducted in areas with 
suitable aquatic habitat that includes streams, creeks and pools, but 
also springs, seeps marshes, and small tributaries, so that 
undocumented populations are not inadvertently overlooked (Backlin et 
al. 2004).
    The final listing rule (67 FR 44382) described the mountain yellow-
legged frog as occupying five streams in the San Gabriel Mountains: (1) 
Bear Gulch-East Fork San Gabriel River (referred to in this rule as San 
Gabriel River, East Fork, Bear Gulch); (2) Vincent Gulch-East Fork San 
Gabriel River (referred to in this rule as San Gabriel River, East 
Fork, Vincent Gulch); (3) South Fork-Big Rock Creek (referred to in 
this rule as Big Rock Creek, South Fork); (4) Little Rock Creek, and 
(5) Devil's Canyon-West Fork San Gabriel River. The final listing rule 
also recognized one population within the San Bernardino Mountains 
(City Creek-East Fork), and one population in the San Jacinto Mountains 
(Fuller Mill Creek (referred to in this rule as San Jacinto River, 
North Fork, Fuller Mill Creek)). The mountain yellow-legged frog is 
believed to be extirpated from Palomar Mountain (Jennings and Hayes 
1994a).
    In the proposed and final rules listing the southern California DPS 
of the mountain yellow-legged frog as endangered, we identified 
additional streams where the DPS had previously been known to occur, 
but were not found in surveys conducted in 2001 (64 FR 71714; 67 FR 
44382). These streams where mountain yellow-legged frogs had been 
observed included: Alder Gulch-East Fork San Gabriel River in the San 
Gabriel Mountains (referred to in this rule as San Gabriel River, East 
Fork, Alder Gulch), where they were last seen in 1998 (Jennings 1998); 
the North Fork of San Jacinto River, last seen in 1999; Hall Canyon 
(referred to in this rule as Indian Creek at Hall Canyon), last seen in 
1995; and Dark Canyon in the San Jacinto Mountains, where frogs have 
been observed in 2005. The population in Dark Canyon was recently 
rediscovered in 2003 by biologists from the California Department of 
Fish and Game (CDFG) and the San Bernardino National Forest (Backlin et 
al. 2004). Prior to the rediscovery of this population, the last 
observation of the mountain yellow-legged frog in Dark Canyon was in 
1999.
    Barton Creek and Day Canyon were known to be occupied by the 
mountain yellow-legged frog prior to the listing in 2002, but were not 
discussed in either the proposed or final listing rules. Approximately 
50 individual adults were observed in Barton Creek, East Fork in 1993 
(CNDDB 2005), when water flowed well in the creek (R. McKernan, dir. 
San Bernardino County Museum, pers. comm. 2005). Mountain yellow-legged 
frogs were first observed in Day Canyon in 1959 (Los Angeles County 
Museum), and re-sighted there in 1994 (CNDDB 2005). In 2003, the USGS 
conducted a single visit survey of a portion of Day Canyon, and did not 
locate any mountain yellow-legged frogs, but did note the occurrence of 
rainbow trout (Onchorhynchus mykiss) (Backlin et al. 2004).
    In summary, we identified the following streams as occupied at the 
time of listing: (a) In the San Gabriel Mountains: the East Fork of the 
San Gabriel River including Bear Gulch (67 FR 44382), Prairie Creek (64 
FR 71714), Vincent Gulch (64 FR 71714, 67 FR 44382), Alder Creek--East 
Fork (64 FR 71714; referred to here as Alder Gulch), Devil's Canyon (64 
FR 71714, 67 FR 44382), Big Rock Creek (67 FR 44382) and Little Rock 
Creek (64 FR 71714, 67 FR 44382); (b) In the San Bernardino Mountains: 
the East Fork, City Creek (64 FR 71714, 67 FR 44382) which is currently 
assumed to be unoccupied; (c) In the San Jacinto Mountains: four 
tributaries in the upper reaches of the North Fork, San Jacinto River 
on Mount San Jacinto: Dark Canyon (64 FR 71714, 67 FR 44382), Hall 
Canyon (64 FR 71714, 67 FR 44382; referred to here as Indian Creek at 
Hall Canyon), Fuller Mill Creek (64 FR 71714, 67 FR 44382), and the 
main North Fork, San Jacinto River (64 FR 71714).
    Subsequent to listing the species, we identified the following 
additional streams as also occupied: (a) In the San Gabriel Mountains: 
the East Fork of the San Gabriel River: the main stem of the San 
Gabriel River, East Fork at the confluence of Fish Fork to below the 
confluence of Iron Fork, the lower reaches of the tributaries Iron Fork 
and Fish Fork, and Day Canyon in San Bernardino National Forest; (b) in 
the San Bernardino Mountains: the East Fork of Barton Creek (San 
Bernardino National Forest), and the East Fork of City Creek, and; (c) 
in the San Jacinto Mountains: an unnamed side tributary of the North 
Fork of the San Jacinto River in Dark Canyon.
    This rule also proposes some streams that were historically 
occupied and currently assumed to be unoccupied, because we believe 
these streams are essential to the conservation of the species. These 
are: (a) In the San Gabriel Mountains (Angeles National Forest): Bear 
Creek (located north of the West Fork of the San Gabriel River), and 
the East Fork of Iron Fork, a tributary to the East Fork of the San 
Gabriel River; (b) In the San Bernardino Mountains: the

[[Page 54109]]

upper reaches of the North Fork of Whitewater River (San Bernardino 
National Forest); and (c) In the San Jacinto Mountains (San Bernardino 
National Forest): Tahquitz Creek (uppermost reaches, including Willow 
Creek tributary), and Andreas Creek (uppermost reaches) both within the 
San Jacinto Wilderness area.
    As discussed in the final listing rule (67 FR 44382), Jennings and 
Hayes (1994) estimated that mountain yellow-legged frogs have been 
extirpated from more than 99 percent of their previously documented 
range in southern California. The mechanisms causing the declines of 
ranid frogs in the western United States are not well understood and 
are certain to vary somewhat among species. The two most common and 
well-supported hypotheses for widespread extirpation of western ranid 
frogs are: (1) Past habitat destruction related to activities such as 
logging, mining, and habitat conversions for water development, 
irrigated agriculture, and commercial development (Hayes and Jennings 
1986, 61 FR 25813); and (2) non-native predators and competitors such 
as introduced trout and bullfrogs (Hayes and Jennings 1986, Bradford 
1989, Knapp 1996, Kupferberg 1997). There is now a growing body of 
evidence that the mountain yellow-legged frog is incompatible with non-
native trout, bullfrog and crayfish (Hayes and Jennings 1986, Bradford 
1989, Bradford et al. 1994, Knapp and Matthews 2000, Knapp et al 2003, 
Backlin et al. 2004, Vredenburg 2004).
    Studies of the distributions of introduced salmonids (rainbow trout 
and brook trout Salvelinus fontinalis) and mountain yellow-legged frogs 
have shown that introduced trout have had negative impacts on mountain 
yellow-legged frogs over much of the Sierra Nevada (Bradford 1989, 
Knapp 1996, Knapp and Matthews 2000). Vredenburg (2002) demonstrated 
that this is due primarily to predation on tadpoles. Trout are known 
predators of ranid frogs (Hayes and Jennings 1986, Backlin et al. 
2004), and there is evidence that introduced trout restrict the 
distribution and abundance of mountain yellow-legged frogs (Bradford 
1989, Bradford et al 1994, Knapp and Matthews 2000, Knapp et al. 2003, 
Backlin et al. 2004). Today, non-native trout persist at seven of the 
eight known locations where the mountain yellow-legged frog occurs in 
southern California (Backlin et al. 2004, Stewart et al. 2000). 
Further, Bradford (1989) and Bradford et al. (1993) concluded that 
introduced trout eliminate many populations of mountain yellow-legged 
frogs and the presence of trout in intervening streams sufficiently 
isolates other frog populations such that recolonization after 
stochastic (random) local extirpations is essentially impossible. 
Virtually all streams in the mountains of southern California contain 
populations of introduced rainbow trout, and, until recently, trout 
were routinely released in several of the occupied streams. The CDFG, 
which operates the Mojave and Fillmore fish hatcheries, has stated that 
no stocked sites and areas accessible to stocked fish overlap with 
areas where the mountain yellow-legged frog is known to occur (Service 
in litt. 2005). The CDFG has also been working with the U.S. Forest 
Service (USFS) to refrain from stocking certain streams and to assess 
the potential construction of barriers. In their latest report on 
mountain yellow-legged frog, the USGS (Backlin et al. 2004) recommend 
continuing trout removal efforts in all streams where mountain yellow-
legged frog occur in southern California, and expanding these efforts 
also to the West Fork of City Creek. Conservation of this species may 
require management of non-native trout populations within proposed 
critical habitat and continued protection of those lands proposed for 
critical habitat that do not contain non-native trout.
    Two pathogens are of primary concern for the conservation of 
mountain yellow-legged frogs in southern California. The ``red-leg'' 
disease contributed to the loss of a Sierra Nevada population (Bradford 
1991). Another pathogen that is of concern to scientists studying 
amphibian declines is the chytrid fungus (Batrachochytrium 
dendrobatidis). Chytrid fungus may be seriously affecting amphibians 
around the world, and has recently been discovered on larval and 
recently metamorphosed mountain yellow-legged frogs in the Sierra 
Nevada Mountains (Fellers et al. 2001). Currently, chytrid fungal 
disease does not seem to be plaguing the remaining populations (Backlin 
et al. 2004).
    In addition to the threats posed by the presence of non-native 
trout and pathogens, some recreational activities, which involve human 
activity in or adjacent to streams where the species is still extant, 
have also been identified as potentially negatively impacting the 
mountain yellow-legged frogs (Stewart et al. 2000). For example, 
logging activity, recreational mining, or heavy trampling may alter 
and/or decrease the presence of habitat structure within a stream, 
alter pool substrate, erode stream banks, or reduce riparian 
vegetation, negatively affecting various life history stages and 
essential behaviors of the mountain yellow-legged frog. Conservation of 
this species may require special management in areas where heavy 
recreational use overlaps with occupied habitat.
    Chance, catastrophic events which, while normal for the environment 
in which the frog lives, greatly endanger the remaining, localized 
populations; i.e. fires, droughts, and floods. The area has experienced 
floods in winter 1968-69, which decimated many of the frog populations 
formerly abundant in the region (Jennings and Hayes 1994a, b). Drought 
conditions have prevailed for long periods during the years 1995-2004, 
with 2002 the height of the drought, and several major fires have 
occurred (1997, 2003; Backlin et al. 2004). However, to alleviate the 
most immediate threats to the southern California mountain yellow-
legged frog, it is possible to reduce or eradicate exotic species, 
prevent direct human impacts and take precautions to prevent the spread 
of diseases (Backlin et al. 2004). Alleviating the most pressing 
threats in the occupied areas will allow those populations to expand 
into currently unoccupied areas which will also be managed and 
protected allowing even greater population expansion to such an extent 
that naturally occurring threats will not pose as great a danger.

Previous Federal Actions

    Please refer to the final listing rule for a summary of previous 
Federal actions prior to the listing of the southern California of the 
mountain yellow-legged frog as endangered July 2, 2002 (67 FR 44382). 
At the time of listing, we concluded that designating critical habitat 
was prudent; however, we deferred the critical habitat designation to 
allow us to concentrate our limited resources on higher priority 
critical habitat designations and other listing actions, while allowing 
us to put in place protections needed for the conservation of the 
southern California mountain yellow-legged frog without further delay. 
This action was consistent with section 4(b)(6)(C)(i) of the Act, which 
states that final listing decisions may be issued without concurrent 
designation of critical habitat if it is necessary for the conservation 
of the species that the listing determination be promptly published (67 
FR 44382).
    On August 19, 2004, the Center for Biological Diversity filed a 
lawsuit in the U.S. District Court for the Central District of 
California challenging the Service's failure to designate critical 
habitat for the southern California mountain yellow-legged frog (Case 
No. EDCV 04-01041-VAP). On December

[[Page 54110]]

20, 2004, the District Court granted the Center's motion for summary 
judgment and ordered the Service to publish a proposed critical habitat 
rule for the mountain yellow-legged frog by September 1, 2005, and a 
final critical habitat rule by September 1, 2006. This proposed rule 
complies with the Court's order.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as--(i) the 
specific areas within the geographic area occupied by a species, at the 
time it is listed in accordance with the Act, on which are found those 
physical or biological features (I) essential to the conservation of 
the species and (II) that may require special management considerations 
or protection; and (ii) specific areas outside the geographic 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'' means the use of all methods and procedures that are 
necessary to bring an endangered or a threatened species to the point 
at which listing under the Act is no longer necessary.
    Critical habitat receives protection under section 7 of the Act 
through the prohibition against destruction or adverse modification of 
critical habitat with regard to actions carried out, funded, or 
authorized by a Federal agency. Section 7 requires consultation on 
Federal actions that are likely to result in the destruction or adverse 
modification of critical habitat. The designation of critical habitat 
does not affect land ownership or establish a refuge, wilderness, 
reserve, preserve, or other conservation area. Such designation does 
not allow government or public access to private lands.
    To be included in a critical habitat designation, the habitat 
within the area occupied by the species at the time of listing must 
first have features that are ``essential to the conservation of the 
species.'' Critical habitat designations identify, to the extent known 
using the best scientific and commercial data available, habitat areas 
that provide for the essential life cycle needs of the species (i.e., 
areas on which are found the primary constituent elements (PCEs), as 
defined at 50 CFR 424.12(b)).
    Habitat occupied at the time of listing may be included in critical 
habitat only if the essential features (PCEs) are actually present 
thereon and may require special management considerations or 
protection. Thus, we do not include areas where existing management is 
sufficient to protect and manage the habitat in a manner equal to the 
protections provided by the designation and consistent with the court's 
direction in Gifford Pinchot. Our interpretation of that requirement 
pending a new rulemaking is included in the Director's December 9, 
2004, memorandum, referenced in the preamble. (As discussed below, such 
areas may also be excluded from critical habitat pursuant to section 
4(b)(2).) Accordingly, when the best available scientific and 
commercial data do not demonstrate that the conservation needs of the 
species so require, we will not designate critical habitat in areas 
outside the geographic area occupied by the species at the time of 
listing. Specific areas outside the geographic area occupied by a 
species at the time it is listed may only be included in a critical 
habitat designation if the Secretary determines that such areas are 
essential for the conservation of the species. In this rule, we have 
proposed for inclusion in the critical habitat designation some areas 
not known to be occupied at the time of listing which we have 
determined are essential for the conservation of the species.
    The Service's Policy on Information Standards Under the Endangered 
Species Act, published in the Federal Register on July 1, 1994 (59 FR 
34271), and Section 515 of the Treasury and General Government 
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658) 
and the associated Information Quality Guidelines issued by the 
Service, provide criteria, establish procedures, and provide guidance 
to ensure that decisions made by the Service represent the best 
scientific and commercial data available. They require Service 
biologists to the extent consistent with the Act and with the use of 
the best scientific and commercial data available, to use primary and 
original sources of information as the basis for recommendations to 
designate critical habitat. When determining which areas to designate 
as critical habitat, a primary source of information is generally the 
listing rule for the species. Additional information sources include 
the recovery plan for the species, articles in peer-reviewed journals, 
conservation plans developed by States and counties, scientific status 
surveys and studies, biological assessments, or other unpublished 
materials and expert opinion or personal knowledge. All information is 
used in accordance with the provisions of Section 515 of the Treasury 
and General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 
106-554; H.R. 5658) and the associated Information Quality Guidelines 
issued by the Service.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific data available. Habitat is often 
dynamic, and species may move from one area to another over time. 
Furthermore, we recognize that designation of critical habitat may not 
include all of the habitat areas that may eventually be determined to 
be necessary for the recovery of the species. Conversely, local 
conservation actions may occur that provide for special management and 
protection equal to that of critical habitat, removing the necessity of 
designation. For these reasons, critical habitat designations do not 
signal that habitat outside the designation is unimportant or may not 
be required for recovery of the mountain yellow-legged frog, or that 
the critical habitat designation itself is immutable.
    Areas that support populations of the mountain yellow-legged frog 
in southern California, but outside the critical habitat designation 
will continue to be subject to conservation actions that may be 
implemented under section 7(a)(1), and to the regulatory protections 
afforded by the section 7(a)(2) jeopardy standard and the section 9 
take prohibition, as determined on the basis of the best available 
information at the time of the action. We specifically anticipate that 
federally funded or assisted projects affecting listed species outside 
their designated critical habitat areas may still result in jeopardy 
findings in some cases. Similarly, critical habitat designations made 
on the basis of the best available information at the time of 
designation will not control the direction and substance of future 
recovery plans, habitat conservation plans, or other species 
conservation planning efforts particularly if new information available 
to these planning efforts calls for a different outcome.

Methods

    As required by section 4(b)(1)(A) of the Act, we used the best 
scientific and commercial data available in determining areas of 
habitat that contain features essential to the conservation of the 
mountain yellow-legged frog. This includes information from the 
proposed listing rule (64 FR 71714), final listing rule (67 FR 44382), 
data from research and survey observations published in peer-reviewed 
articles, site visits, regional Geographic Information System (GIS) 
layers, soil, and species coverages, and data compiled in the 
California Natural Diversity Database (CNDDB).

[[Page 54111]]

    We have also reviewed available information that pertains to the 
ecology, natural history, and habitat requirements of this species. 
This material included information and data in reports submitted during 
section 7 consultations; research published in peer-reviewed articles 
and technical reports by the U.S. Geological Survey (USGS) and the 
USFS; and regional GIS coverages. We are not proposing to designate as 
critical habitat any areas outside of the geographic area presently 
occupied by the species in the San Gabriel, San Bernardino and San 
Jacinto mountains; however, the area proposed for designation includes 
areas for which we have no data demonstrating current occupancy, but 
for which we have historic occupancy data.

Primary Constituent Elements

    In accordance with section 3(5)(A)(i) of the Act and regulations at 
50 CFR 424.12, in determining which areas to propose as critical 
habitat, we are required to base critical habitat determinations on the 
best scientific and commercial data available and to identify those 
physical and biological features (primary constituent elements (PCEs)) 
that are essential to the conservation of the species, and that may 
require special management considerations or protection. These include, 
but are not limited to: space for individual and population growth and 
for normal behavior; food, water, air, light, minerals, or other 
nutritional or physiological requirements; cover or shelter; sites for 
breeding, reproduction, and rearing (or development) of offspring.
    The specific primary constituent elements essential for the 
conservation of the southern California mountain yellow-legged frog are 
derived from the abiotic and biotic needs of the species as described 
below.

Space for Individual and Population Growth and for Normal Behavior

    The permanent water sources such as streams, rivers, perennial 
creeks, permanent plunge pools within intermittent creeks, and pools 
are needed for individual and population growth. These permanent water 
sources (PCE <greek-i>1) provide breeding sites and shelter for the 
mountain yellow-legged frog. Permanent water sources providing for 
perennial flows are needed for egg-laying and tadpole growth and 
survival, and must provide adequate water quality for adult and 
offspring of the mountain yellow-legged frog. Such water sources and 
their associated riparian and upland habitat also provide habitat for 
aquatic invertebrates that are used as a food source by adult mountain 
yellow-legged frogs, and for the benthic algae and diatoms that are fed 
upon by larval frogs.

Food, Water, Air, Light, or Other Nutritional or Physiological 
Requirements

    A wide variety of invertebrates including beetles (Coleoptera), 
ants (Formididae), bees (Apoidea), wasps (Hymenoptera), flies 
(Diptera), true bugs (Hemiptera), and dragonflies (Odonata) have been 
found in the stomachs of adult mountain yellow-legged frogs (Long 
1970). Terrestrial insects and adult stages of aquatic insects may be 
the preferred food for adult mountain yellow-legged frog (Bradford 
1983); larger frogs consume more aquatic true bugs probably because of 
their more aquatic behavior (Jennings and Hays 1994).
    The riparian zone, with the associated vegetation canopy (PCE 
<greek-i>2), is necessary to maintain the prey base needed for the 
nutritional requirements of the mountain yellow-legged frog. Larvae 
graze on algae and diatoms in the silt along rocky bottoms in streams 
and ponds (Zeiner et al. 1988). An open or semi-open canopy of riparian 
vegetation (canopy overstory not exceeding 85 percent) is needed to 
ensure that adequate sunlight reaches the stream to allow for basking 
behavior and for photosynthesis by benthic algae and diatoms that are 
food resources for larval mountain yellow-legged frog.

Cover or Shelter

    Mountain yellow-legged frogs are preyed upon by the western 
terrestrial garter snake (Thamnophis elegans), Brewer's blackbird 
(Euphagus cyanocephalus), Clark's nutcrackers (Nucifraga columbiana), 
and coyotes (Canis latrans) (USFS 2002). Pools with bank overhangs, 
downfall logs or branches, and/or rocks (PCEs <greek-i>1 and 
<greek-i>2) provide cover from predators for mountain yellow-legged 
frogs.

Sites for Breeding, Reproduction, and Rearing of Offspring

    In southern California, the mountain yellow-legged frog occupies 
streams in the chaparral belt (Zweifel 1955), and cool and cold, rocky, 
mountain watercourses shaded by trees, rocks, and other shelter, where 
the flow comes from springs and snowmelt (Jennings and Hayes 1994b) 
(PCEs <greek-i>1 and <greek-i>2). California fan palms (Washingtonia 
filifera), and mesquite (Prosopis spp.) dominate the mountain yellow-
legged frog's habitat at lower elevations, and, in other areas, habitat 
is dominated by white alders (Alnus rhombifolia), willows, sycamore, 
conifers and maples (Jennings and Hayes 1994b, Backlin et al. 2004). 
Open gravel banks and rocks projecting above the water may provide 
sunning posts (Zweifel 1955). Many of the streams in which they 
occurred historically and currently occupy have a relatively steep 
gradient and large boulders in the stream beds (Stebbins 1951). 
Although knowledge pertaining to the specific habitat requirements of 
mountain yellow-legged frogs in southern California is limited, the 
presence of water year-round is known to be necessary for both 
reproduction and for hydration of juveniles and adults. In southern 
California, mountain yellow-legged frogs historically ranged from 1,214 
ft to 7546 ft (370 m to 2,300 m) in elevation (Jennings and Hayes 
1994a, 1994b).

Historic and Geographic Distribution of the Species

    The occupied streams that are proposed for designation contain 
physical and biological features that are representative of the 
historic and geographical distribution of the species. The unoccupied 
streams that are proposed for designation were all historically 
occupied and will decrease the degree of fragmentation within the 
current geographic distribution of the DPS.

Primary Constituent Elements

    Pursuant to our regulations, we are required to identify primary 
constituent elements essential to the conservation of the mountain 
yellow-legged frog, together with the proposed designation of critical 
habitat that contains features essential to the conservation of the 
species. In identifying primary constituent elements, we used the best 
available scientific and commercial data and information. Although the 
physical ranges described below may not capture all of the variability 
that is inherent in natural systems, these ranges best represent the 
physical and biological features essential to the conservation of the 
southern California DPS of the mountain yellow-legged frog in the 
occupied areas proposed for designation. In order to conserve this 
species, we believe that it will be necessary to designate critical 
habitat in areas currently unoccupied by the species, please see our 
discussion of Criteria Used to Identify Critical Habitat and Unit 
Descriptions sections below for further discussion of unoccupied 
habitat.
    The primary constituent elements determined to be essential to the 
conservation of the southern California

[[Page 54112]]

mountain yellow-legged frog are the following:
    1. Water source(s) found between 1,214 ft (370 m) to 7,546 ft 
(2,300 m) in elevation that are permanent, to ensure that aquatic 
habitat for the species is available year-round. Water sources include, 
but are not limited to streams, rivers, perennial creeks (or permanent 
plunge pools within intermittent creeks), pools (i.e., a body of 
impounded water that is contained above a natural dam) and other forms 
of aquatic habitat. The water source should maintain a natural flow 
pattern including periodic natural flooding. Aquatic habitats that are 
used by mountain yellow-legged frog for breeding purposes must maintain 
water during the entire tadpole growth phase (which can be from 1-4 
years duration). During periods of drought, or less than average 
rainfall, these breeding sites may not hold water long enough for 
individuals to complete metamorphosis, but they would still be 
considered essential breeding habitat in wetter years. Further, the 
aquatic habitat should include:
    a. Bank and pool substrates consisting of varying percentages of 
soil or silt, sand, gravel cobble, rock, and boulders;
    b. Water chemistry with a pH generally 6.6 to 9, dissolved oxygen 
varying from 23 to 28 percent and water temperatures during summer 
(June through August) ranging between 4.0 and 30.3 degrees Celsius;
    c. Streams or stream reaches between known occupied sites that can 
function as corridors for adults and frogs for movement between aquatic 
habitats used as breeding and/or foraging sites.
    2. Riparian habitat and upland vegetation (e.g. ponderosa pine, 
montane hardwood-conifer, montane riparian woodlands, and chaparral) 
extending 262 feet (80 m) from each side of the centerline of each 
identified stream and its tributaries, that provides areas for feeding 
and movement of mountain yellow-legged frog, with a canopy overstory 
not exceeding 85 percent that allows sunlight to reach the stream and 
thereby providing basking areas for the species.

Criteria Used To Identify Critical Habitat

    We are proposing to designate critical habitat on lands that we 
have determined to contain habitat with features essential to the 
conservation of the mountain yellow-legged frog. These areas have 
sufficient primary constituent elements described above to enable the 
mountain yellow-legged frog to carry out its essential life processes.
    The currently occupied habitat for the mountain yellow-legged frog 
is highly limited and isolated. The population estimates are all 
extremely small, with no stream having an estimated population size 
exceeding 100 breeding adults, and an overall total estimate of 
approximately 183 adults surviving in 2003 (including City Creek, East 
Fork; Backlin et al. 2004). This DPS is at a high risk of extinction 
and is highly susceptible to stochastic events (Backlin et al. 2004). 
As such, all occupied areas are proposed as critical habitat.
    We have defined occupied proposed critical habitat as: (a) Those 
streams known to be occupied by the mountain yellow-legged frog at the 
time of listing (1987-2002); (b) the riparian, upland and aquatic 
habitats 262 ft (80 m) from the centerline of the stream including 
tributaries; and (c) aquatic habitats within 4,905 ft (1,495 m) 
upstream from the upstream-most occurrence and 4,905 ft (1,495 m) 
downstream from the downstream-most occurrence on the main stem of the 
river or creek known to be occupied, including any tributary that flows 
into it (see the following sections for explanation of the scientific 
basis for the chosen values). To delineate the proposed units of 
occupied critical habitat, we plotted on maps all occurrences records 
of mountain yellow-legged frog as points and polygons along streams 
that were occupied at the time of listing. We then delineated the 
riparian and upland areas that mountain yellow-legged frogs use 
bordering the stream, as well as the upstream and downstream range of 
movement, as defined under (c) above.

Occupied by the Mountain Yellow-Legged Frog at the Time of Listing

    We used the proposed and final listing rules; reports prepared by 
the USGS, the USFS; the California Department of Fish and Game (CDFG), 
the CNDDB, researchers, and consultants; and available information to 
determine the location of specific areas within the geographical area 
occupied by the southern California mountain yellow-legged frog at the 
time of listing (``occupied at the time of listing'' is defined as the 
time period 1987-2002).

Width of Riparian and Upland Habitats Along Streams Occupied by 
Mountain Yellow-Legged Frog

    We estimated the width of riparian and upland habitats occupied by 
adults based on a study of movement ecology of mountain yellow-legged 
frogs in the Sierra Nevada Mountains (Pope and Matthews 2001). The 
study, in which a total of 581 adult frogs were marked, included 5 
stream segments and 11 lakes and ponds. The movement of mountain 
yellow-legged frogs throughout the entire annual period of activity 
(mid-late July to mid-late October) was recorded over two successive 
seasons (1997 and 1998). Of these marked frogs, 82 frogs made overland 
movements between water bodies that were not connected by aquatic 
pathways (straight line distance between lake 4 and lake 6 was 216 ft 
(66 m), straight line distance between lake 5 and stream 41 was 466 ft 
(142 m), and overland distance between lake 5 and unnamed lake was 
1,378 ft (420 m). Based on these results, 72 frogs traveled a minimum 
distance of 216 ft (66 m), 9 frogs traveled a minimum distance of 466 
ft (142 m), and 1 frog traveled 1,378 ft (420 m). The weighted mean 
overland distance traveled by mountain yellow-legged frogs was 
approximately 259 ft (79 m).
    We applied this weighted mean overland distance (rounded up to 262 
ft (80 m)) to determine the width of the riparian and upland habitats 
along streams occupied by the mountain yellow-legged frog in southern 
California. We also reviewed the preliminary results of an unpublished 
study that examined mountain yellow-legged frog movements in the Sierra 
Nevada Mountains (Knapp in litt. 2005). This study included 
observations of movement between Marmot Lake and Frog Lake (not 
connected by a stream) of at least 8,858 ft (2,700 m) by 3 frogs in 
2003 and 6 frogs in 2004. In comparison to Knapp's study, our 262 ft 
(80 m) width is a conservative estimate of the riparian and upland 
habitats occupied by the mountain yellow-legged frog.

Length of Streams Occupied by the Mountain Yellow-Legged Frog

    We estimated the length of stream occupied by mountain yellow-
legged frog adults (upstream and downstream distances from occurrences) 
based on review of several studies that give data on mountain yellow-
legged frog movements (Pope and Matthews 2001, Knapp in litt. 2005, 
Backlin et al. 2004, Vredenburg 2005). However, there are no definitive 
published studies on the upstream and downstream movements of mountain 
yellow-legged frog and we extracted portions of these studies that 
specifically identified stream movement. In their study of movement 
ecology of mountain yellow-legged frog, Pope and Matthews (2001) 
reported a tagged female that was recaptured in a lake 3,281 ft (1,000 
m) southeast of the study area, where a one-way trip requires a minimum 
of 1,968 ft (600 m) of travel in a fast-flowing stream. For streams in 
southern California, Backlin

[[Page 54113]]

et al. (2004) reported a range of distances between approximately 131 
ft (40 m) to 4,902 ft (1,494 m). In the Sierra Nevada Mountains, Knapp 
(in litt. 2005) reported dispersal along a stream that connects Marmot 
Lake and Cony Lake (a distance of approximately 2,953 ft (900 m)) by 12 
frogs in 2003 and 46 frogs in 2004. Knapp (in litt. 2005) also reported 
movement of 3 frogs in 2003 and 1 frog in 2004 of approximately 11,811 
ft (3,580 m) between Marmot Lake and No Good Lake that included both 
dispersal along a stream and overland movement. Finally, we received 
verbal information (Dr. V. Vredenburg, University of California-
Berkeley, pers. comm. 2005) that mountain yellow-legged frog tadpoles 
have been recovered approximately 5,905 ft (1,800 m) downstream from 
where they were tagged in the Sierra Nevada Mountains.
    Given the variability and sources of the available information on 
stream dispersal distances for mountain yellow-legged frogs, we are 
unable to calculate or estimate an average stream dispersal distance. 
Instead, we have defaulted to use the observed distance of 4,905 ft 
(1,495 m) that an adult mountain yellow-legged frog moved along City 
Creek, East Fork in the San Bernardino Mountains. While this 
observation represents the longest dispersal distance reported by 
Backlin et al. (2004) for the southern California, it is less than half 
the longest dispersal distance observed thus far in the Sierra Nevada 
Mountains (3,580 m; Knapp in litt. 2005). We believe the observation 
from City Creek represents the best available information to define 
occupied upstream and downstream reaches for the following reasons: (1) 
This dispersal distance connects known occurrences that occur along a 
stream or in populations that occur in tributaries; (2) this dispersal 
distance is specific to and representative of the southern California 
populations of the mountain yellow-legged frog; (3) movement distances 
between 131 ft (40 m) to 4,902 ft (1,494 m) that were identified by 
Backlin et al. (2004) represent home range movements and reflect the 
high site fidelity displayed by mountain yellow-legged frog and are 
therefore not representative of dispersal patterns (Backlin et al. 
2004); and 4) this distance is less than the maximum dispersal 
distances for stream and overland movements identified by Knapp (in 
litt. 2005; maximum distance was 3,580 m) for adults and by Vredenburg 
(pers. comm. 2005; maximum distance was 1,800 m) for tadpoles, and 
likely represents a conservative estimate of the upstream and 
downstream habitat occupied by the mountain yellow-legged frog in 
southern California.
    We are also proposing to designate critical habitat on lands that 
were historically occupied by the mountain yellow-legged frog, but are 
not known to be currently occupied. These subunits were all occupied 
within the past 45 years, contain features essential to the 
conservation of the species, and are considered essential for the 
conservation of the southern California DPS of the mountain yellow-
legged frog. These additional sites were selected based in part on 
comments and information given by herpetologists and experts on the 
southern California DPS of the mountain yellow-legged frog and by 
biologists from various management agencies (USGS, CDFG, USFS), who 
provided their knowledge of the area in terms of anthropogenic activity 
level, current habitat suitability for the species (survey data), and 
management potential. At this time, based on the best available 
information, we have determined that without these unoccupied areas 
managed and protected for the mountain yellow-legged frog, conservation 
of the species will not be possible in the foreseeable future.
    The criteria used for selecting the additional sites were the 
following:
    (1) Streams where the habitat contains the necessary PCEs (e.g., 
characteristics such as perennial water flow, pools, riffles, runs, 
riparian and upland habitat, banks with rocks or substrate);
    (2) Streams where the habitat has been characterized as 
``suitable'' for mountain yellow-legged frog by USGS, CDFG and USFS in 
their survey reports (i.e., contains habitat which meets additional, 
more specific characteristics that allow for a range of the species' 
biological needs, such as containing sites for breeding, feeding, 
sheltering, and other essential mountain yellow-legged frog behavioral 
patterns);
    (3) Streams that were known to be occupied by the species within 
the past 50 years, and where the habitat has not changed appreciably 
during that time (thus allowing for the assumption that previous 
occupancy still provides good indication of the known suitability of 
the site for the species' biological needs);
    (4) Streams that have potential for current occupancy by mountain 
yellow-legged frog (i.e., no conclusive evidence is available that the 
species is currently completely absent from the site due to few, 
incomplete, or no surveys having been conducted there recently, and the 
habitat has not changed appreciably);
    (5) Streams that are in remote locations (i.e., geographically 
distant from areas with heavy anthropogenic activities, such as 
vehicular traffic, human recreation, dredging, trout stocking, water 
regulation, pollution);
    (6) Streams that are not currently stocked with non-native aquatic 
species;
    (7) Streams where threats to the species either no longer exist, or 
are few and could be easily alleviated (e.g., by shifting current human 
recreational use patterns, and/or by trout removal) through voluntary 
cooperative conservation measures;
    (8) Streams where there is significant potential for re-occupation 
by the species, either by natural means through dispersal from 
currently occupied sites (i.e., located within 5 km of a currently 
occupied site), or by future re-introduction efforts.

Special Management Considerations or Protections

    As we undertake the process of designating critical habitat for a 
species, we first evaluate lands defined by those physical and 
biological features essential to the conservation of the species 
pursuant to section 3(5)(A) of the Act. Secondly, we evaluate lands 
defined by those features to assess whether they may require special 
management considerations or protection. Threats to those features that 
define important habitat (primary constituent elements) for the 
mountain yellow-legged frog include the direct and indirect impacts of 
some human recreation activities, and watershed management practices, 
water diversions from streams, fire management practices, and hazardous 
materials spills along roadways adjacent to streams.
    Recreational activities (e.g. camping, hiking, fishing, and 
recreational mining) are cited as factors that may have contributed to 
the decline of mountain yellow-legged frog in the San Gabriel, San 
Bernardino, and San Jacinto mountains (USFS 2002). In areas occupied by 
frogs, human use in and along streams can disrupt the lives of eggs, 
larvae, and adult frogs (Jennings 1995), and change the character of 
the stream (e.g., sediment and water quality), its bank and associated 
vegetation in ways that make sections of the stream less suitable as 
habitat for frogs. For example, logging activity, recreational mining, 
or heavy trampling may alter and/or decrease the presence of habitat 
structure within a stream such as bank overhangs, downed logs or 
branches, and rocks or may alter pool substrate, thereby reducing or 
eliminating available foraging, resting, breeding or egg-laying sites, 
and increasing suspended sediments and turbidity (PCE <greek-i>1). 
Human activities

[[Page 54114]]

associated with heavy recreational use could also erode or denude 
stream banks or shores, reduce the extent of riparian vegetation, 
potentially reduce the available prey base for frogs, alter the amount 
of stream shade, and increase sedimentation within stream channels due 
to exposed soils, and impact water quality (e.g. temperature, pH) (PCEs 
<greek-i>1 and 2). Changes due to human recreation could contribute to 
adverse changes to the habitat that result in local extinctions where 
these activities occur in close proximity to mountain yellow-legged 
frog populations (Jennings 1995, Backlin et al. 2001). Heavy 
recreational use is specifically cited as a potential threat in the 
area of Bear Gulch and Vincent Gulch, the San Gabriel River--East Fork, 
Little Rock Creek, Fuller Mill Creek, and Dark Canyon and recreational 
mining is cited as a potential threat in the East Fork San Gabriel 
(Jennings 1994, 1995, 1998, 1999, USFS 2002). However, due to the 
proximity of the San Bernardino, San Gabriel and San Jacinto mountains 
to large urban centers and resulting high recreational use of these 
areas, there is potential for recreational impacts to all of the areas 
being proposed as critical habitat.
    Watershed management activities such as forest thinning or clearing 
for public safety or fire prevention (e.g., fuel load management) may 
also impact the physical and biological features determined to be 
essential for conservation of the species. Depending on the extent of 
alteration and the proximity to streams, forest thinning or clearing 
may alter streambed and riparian characteristics in ways that make 
sections of the stream less suitable as habitat for frogs. For example, 
thinning or clearing adjacent to streams could increase flooding and 
sedimentation within stream channels (Jennings 1998) due to exposed 
soils, impacting water quality (e.g. turbidity and pH (PCEs 
<greek-i>1). Alterations to riparian vegetation could reduce the prey-
base available for mountain yellow-legged frogs (PCE <greek-i>2). At 
the same time, the presence of unnaturally high canopy cover or dense 
riparian vegetation could decrease the amount of basking areas 
available (PCE <greek-i>2) and render the habitat unsuitable for 
mountain yellow-legged frog. Water diversion, such as water removal 
from the drainage system occupied by the species could reduce water 
levels and decrease the quality and extent of suitable breeding, 
wintering and foraging sites, and reduce the prey-base availability. 
The use of herbicides or other fire retardant chemicals to reduce fuel 
loads may impact water quality if used upslope or above a stream (PCE 
<greek-i>1). Hazardous material spills along roads that cross streams 
are also a potential threat impacting water quality (PCE <greek-i>1). 
Little Rock Creek, East Fork City Creek, Dark Canyon, Fuller Mill and 
Hall Canyon are cited as having potentially high canopy cover and/or 
dense riparian vegetation within the watershed and having potential for 
a hazardous material spills due to an adjacent roadway (USFS 2002).
    The USFS prepared the Mountain Yellow-Legged Frog Conservation 
Assessment and Strategy: Angeles and San Bernardino National Forests 
(Strategy) (USFS 2002). This Strategy provides a framework for 
conservation actions to assist in the recover and conservation of the 
mountain yellow-legged frog and identifies the following management 
actions necessary to reduce impacts to mountain yellow-legged frog 
habitat from (1) recreation: Closing, rerouting or reconstructing 
unauthorized trails; closing parking areas used for unauthorized trail 
access; removing campsites and picnic tables adjacent to occupied 
creeks; installing signing at trailheads and along access points to 
promote understanding of the species' biology and habitat requirements; 
(2) high fuel loads: Developing plans for fuels reductions in the 
watershed which will examine potential riparian treatment of high 
canopy or dense vegetation; and (3) hazardous materials spills: 
developing an action plan for prevention, notification, and containment 
of spills before they enter the stream or its tributaries.
    Some of the conservation actions outlined in the Strategy have been 
implemented. For example, the USFS closed camp sites adjacent to Dark 
Canyon/North Fork San Jacinto River in May 2001 and acquired 
approximately 60 ac (24 ha) of mountain yellow-legged frog habitat on 
in the headwaters of Fuller Mill Creek (USFS 2002) to protect a 
discontinuous stretch of habitat previously under private ownership. 
However, recreational activities that may impact habitat for the 
mountain yellow-legged frog continue to occur in or adjacent to other 
occupied sites. Also, we are not currently aware of the development of 
management plans to protect specific streams from potential impacts 
related to fuels reduction or hazardous spills. However, these issues 
may be addressed in the USFS's updated Forest Plan covering the Angeles 
and San Bernardino National Forests. The USFS is currently consulting 
with the Service under section 7 of the Act on this updated plan. One 
of the goals of the 2004 draft Forest Plan is to establish critical 
biological zones that include the most important areas on the Angeles 
and San Bernardino National Forests to manage for the protection of 
imperiled species, including the mountain yellow-legged frog (USFS 
2004). The revised draft Forest Plan is currently undergoing policy and 
agency review. Thus, the stream segments that are being proposed as 
critical habitat may or may not require special management 
considerations or protection as discussed above, depending on the 
provisions of the final management plans. Because we do not know the 
final disposition of these plans, we cannot make a determination as to 
whether they provide similar protections as a critical habitat 
determination would provide under the standards of Gifford Pinchot. 
Thus we are proposing designation of these streams.

Proposed Critical Habitat Designation

    We have determined that approximately 8,770 ac (3,549 ha) of land 
containing features essential to the conservation of the mountain 
yellow-legged frog exists in Los Angeles, San Bernardino, and Riverside 
counties. Of this total, we are proposing to designate 8,283 ac (3,352 
ha) of land as critical habitat within three critical habitat units 
(further divided into subunits): Unit 1 (with 7 subunits) in the San 
Gabriel Mountains (Los Angeles and San Bernardino counties), Unit 2 
(with 3 subunits) in San Bernardino Mountains (San Bernardino County), 
and Unit 3 (with 4 subunits) in the San Jacinto Mountains (Riverside 
County). The remaining 487 ac (197 ha) are managed and protected under 
the completed Western Riverside County Multiple Species Habitat 
Conservation Plan (MSHCP) and to the extent that these areas meet the 
definition of critical habitat pursuant to section 3(5)(A)(i)(II), it 
is our intention to exclude these areas from critical habitat 
designation pursuant to section 4(b)(2) of the Act (see Application of 
Section 3(5)(A) and Exclusions Under Section 4(b)(2) of the Act section 
for a detailed discussion).
    The proposed critical habitat units and subunits for the mountain 
yellow-legged frog in southern California, and their approximate sizes, 
are shown in Table 1. The unit and subunit names reflect the locations 
of the streams which constitute each unit. Table 2 provides information 
about landownership within each subunit being proposed.
    The critical habitat units and their subunits described below are 
our best assessment, at this time, of the areas of

[[Page 54115]]

habitat with features essential for the conservation of the mountain 
yellow-legged frog. Each of these proposed critical habitat areas 
provides sufficient primary constituent elements to support essential 
mountain yellow-legged frog behaviors and life history requirements and 
one or more of them may require special management considerations or 
protection.
    TABLE 1. Areas of habitat determined to contain features essential 
for the conservation of the mountain yellow-legged frog and the 
approximate area encompassed by each proposed critical habitat unit. 
All units were historically occupied, see footnotes for current 
occupancy data and if the unit was occupied at the time of listing. 
[Area estimates reflect all land within critical habitat unit 
boundaries.]

----------------------------------------------------------------------------------------------------------------
   Critical habitat unit number/      Critical habitat unit/
          subunit  letter                     subunit              Acres       Hectares         Occupancy *
----------------------------------------------------------------------------------------------------------------
1.................................  SAN GABRIEL MOUNTAINS UNIT
                                     (Angeles and San
                                     Bernardino National
                                     Forests, Los Angeles and
                                     San Bernardino Counties).
    A.............................  San Gabriel River, East           2,474        1,001  OTL, CO
                                     Fork (main stem,
                                     including Bear Gulch,
                                     Vincent Gulch, Alder
                                     Gulch, and other
                                     tributaries).
    B.............................  Big Rock Creek, South Fork          625          253  OTL, CO
    C.............................  Little Rock Creek.........          615          249  OTL, CO
    D.............................  Devil's Canyon............          279          113  OTL, CO
    E.............................  Day Canyon Creek..........          635          257  CO
    F.............................  San Gabriel River, East             373          151
                                     Fork, Iron Fork.
    G.............................  Bear Creek (off San                 116           47
                                     Gabriel River, West Fork).
2.................................  SAN BERNARDINO MOUNTAINS
                                     UNIT (San Bernardino
                                     National Forest, San
                                     Bernardino County)
    A.............................  City Creek; (the                  1,386          561  OTL
                                     tributaries East Fork and
                                     West Fork).
    B.............................  Barton Creek, East Fork...          193           78  CO
    C.............................  Whitewater River, North              74           30
                                     Fork (upper reaches).
3.................................  SAN JACINTO MOUNTAINS UNIT
                                     (San Bernardino National
                                     Forest, Riverside County).
    A.............................  San Jacinto River, North            919          372  OTL, CO
                                     Fork (the tributaries
                                     Black Mountain Creek,
                                     Fuller Mill Creek, Dark
                                     Canyon).
    B.............................  Indian Creek (at Hall               126           51  OTL, CO
                                     Canyon).
    C.............................  Tahquitz Creek (upper               358          145
                                     reaches, including Willow
                                     Creek tributary).
    D.............................  Andreas Creek (upper                109           44
                                     reaches).
                                                               --------------------------
                                     Total....................        8,283       3,352
----------------------------------------------------------------------------------------------------------------
* OTL = Occupied at the Time of Listing; CO = Currently Occupied.

    TABLE 2. Approximate proposed critical habitat area (ac (ha)) by 
County and land ownership. Estimates reflect the total area within 
critical habitat unit boundaries.

----------------------------------------------------------------------------------------------------------------
             County                   Federal *           Local/state           Private              Total
----------------------------------------------------------------------------------------------------------------
Angeles........................  4,483 ac...........  0 ac..............  0 ac..............  4,483 ac.
                                 (1,814 ha).........  (0 ha)............  (0 ha)............  (1,814 ha).
San Bernardino.................  2,169 ac...........  0 ac..............  119 ac............  2,288 ac.
                                 (878 ha)...........  (0 ha)............  (48 ha)...........  (926 ha).
Riverside......................  1,301 ac...........  211 ac............  0 ac..............  1,404 ac.
                                 (526 ha)...........  (86 ha)...........  (0 ha)............  (568 ha).
                                ----------------------
    Total......................  7,953 ac...........  211 ac............  119 ac............  8,283 ac.
                                 (3,218 ha).........  (86 ha)...........  (48 ha)...........  (3,353 ha).
----------------------------------------------------------------------------------------------------------------
* Federal lands include U.S. Forest Service and other Federal land.

    We present below a general description of the overall range 
followed by a description of the units within each of the three 
mountain ranges the species occupies, and describe reasons why each 
area within those units contains habitat with features that are 
essential for the conservation of the mountain yellow-legged frog.

Unit Descriptions

    As discussed in the Critical Habitat section above, we believe that 
all lands proposed as critical habitat are important for the 
persistence of the mountain yellow-legged frog for the following 
reasons:
    (1) The range of the mountain yellow-legged frog in southern 
California has been reduced to less than 1 percent of its original area 
(i.e., extirpated from 99 percent of its former range as estimated by a 
review of historical records Jennings and Hayes (1994)), with the 
remaining occupied habitat limited and fragmented;
    (2) The population estimates for each stream are extremely small, 
with no estimate exceeding 100 breeding adults, and a approximate total 
of only 183 surviving adults for the entire southern California range 
(this sum includes the City Creek, East Fork population, which has not 
recently been observed; Backlin et al. 2004);
    (3) Existing small populations are at a high risk of extinction due 
to stochastic events (Backlin et al. 2004) or deterministic events 
(Skelly et al. 1999);
    (4) Existing small populations are susceptible to other threats, 
including presence of non-native trout, and human recreation;
    Of the 14 subunits being proposed as critical habitat, 5 were 
historically

[[Page 54116]]

occupied but are not known to be occupied at the time of listing 
(subunits 1F, 1G, 2C, 3C, 3D). These subunits were occupied recently 
(within the past 45 years) and the stream and riparian habitat within 
each has not changed appreciably (Jennings 1993, 1994, 1995, 1998, 
1999; Jennings and Hayes 1994a, b; Backlin et al. 2001, 2002, 2003, 
2004). Each of these subunits thus contains habitat with features 
important for the conservation of the species. Because of the necessity 
of population increase or augmentation for the continued survival of 
this species, these areas may serve as important re-introduction sites, 
particularly in the San Bernardino and San Jacinto Mountains, where the 
number of known occurrences has decreased to one and two limited areas, 
respectively. Even then, one of the two known populations in the San 
Bernardino Mountains (City Creek) have experienced a recent fire (2003) 
and subsequent flooding and were not observed in 2004 (Backlin et al. 
2004).
    We are proposing additional areas historically occupied, but not 
identified in the listing rule, nor known to be currently occupied, for 
the following reasons:
    (1) The current, overall population size of the mountain yellow-
legged frog is at such a low level, it must increase in order to insure 
long-term survival of this DPS (cf. Backlin et al. 2004). While the 
occupied units provide habitat for current populations, additional 
units will provide habitat for population augmentation either through 
natural means, or by re-introduction, thus reducing threats due to 
naturally occurring events;
    (2) Population augmentation either through natural means, or by re-
introduction into the additional subunits may serve to decrease the 
risk of extinction of the species through stochastic events, such as 
fires or disease as the current, isolated populations are each at high 
risk of extirpation from such stochastic events (Backlin et al. 2004), 
particularly because of their small sizes and restricted ranges;
    (3) Population augmentation either through natural means, or by re-
introduction into the additional subunits may increase the viability of 
the occupied subunits as well as of the existence of the mountain 
yellow-legged frog in southern California as a whole (increase the 
persistence likelihood at the local population level and of this DPS 
range wide);
    (4) Additional subunits will serve to decrease the degree of 
fragmentation of the current geographic distribution of the mountain 
yellow-legged frog within each of the three mountain ranges, or i.e., 
increase the connectivity between streams that are known to be 
currently occupied;
    (5) Additional subunits are proposed in areas occupied in the near 
past and located within the historical range of the species such that 
they will serve as corridors between currently occupied sites. Most 
proposed unoccupied subunits lie within 1.5-5 km of an occupied site, 
the only exception is subunit 2C (in historically occupied Whitewater 
River). Although subunit 2C is unlikely to serve as a corridor between 
currently occupied areas, this subunit is the only representative area 
of southeastern desert slope and of the San Gorgonio Mountains, and 
ensures representation of the full geographical distribution of the 
mountain yellow-legged frog not otherwise represented by the currently 
occupied sites;
    (6) There is potential for these areas to be currently occupied, as 
survey efforts in these areas have been limited. No conclusive evidence 
is available for current complete absence of mountain yellow-legged 
frogs at any of these sites due to few, incomplete, or no surveys 
having been conducted there recently. Although the species is described 
as highly aquatic but not as solitary (Vredenburg 2005), the species 
detectability is generally low (cf. Backlin et al. 2004), particularly 
if the population occurs in low numbers. Possible surveys may have 
missed sightings, as shown by repeated surveys in Dark Canyon and other 
areas where there are also confirmed historical sightings, followed by 
repeated annual reports of no occurrences for up to three years, with 
subsequent population ``re-discovery'' (cf. USGS, CDFG, USFS, survey 
reports 1990-2005);
    (7) The additional subunits may offer habitat that is superior to 
that in the occupied subunits (i.e., the potential viability of frogs 
in unoccupied subunits may be higher) due to the fact that the selected 
additional subunits contain fewer more easily treatable threats in 
general, than the occupied units.
    The Service is currently working on a recovery plan to implement 
the reintroduction of frogs into these ``not known to be occupied 
subunits'' with all stakeholders.
    All of the streams segments being proposed as critical habitat 
contain sufficient primary constituent elements essential to the 
mountain yellow-legged frog. We based this determination on site 
specific information contained in recent survey and technical reports 
and other available literature. We also based this determination on the 
fact that lands being proposed as critical habitat are owned and 
managed by the U.S. Forest Service and have not been subject to urban 
development or extensive recreational development that might have 
resulted in large-scale habitat destruction or alteration. The Angeles 
and San Bernardino National Forests focus on recreational and 
commercial land use and therefore, allow, at most, small-scale grazing 
or timber operations at this time (USFS 2004).

Critical Habitat Unit 1: San Gabriel Mountains Unit

    This unit is comprised solely of USFS lands and lies entirely 
within the San Gabriel Mountains of the Angeles and San Bernardino 
National Forests in Los Angeles and San Bernardino counties. This unit 
is composed of stream segments within 7 subunits (1A-1G) of which 4 
subunits (1A-1D) were known to be occupied at the time of listing; 1 
subunit (1E) was found to be occupied subsequent to the listing rule, 
and 2 subunits (1F, 1G) are assumed to be unoccupied but were 
historically occupied.
    The populations in Unit 1 represent the northern and western-most 
known distribution of the southern California mountain yellow-legged 
frog. Both Subunit 1 (Bear Gulch on the East Fork of the San Gabriel 
River) and Subunit 2 (South Fork of Big Rock Creek) represent areas 
with the two largest known remaining breeding populations throughout 
the entire range of the species (Backlin et al. 2004a), and these areas 
encompass habitat with features that are essential for the conservation 
of the mountain yellow-legged frog.
    Other subunits in Unit 1, such as Vincent Gulch, Little Rock Creek, 
and Devil's Canyon also contain features essential for the conservation 
of the southern California mountain yellow-legged frog. Further, these 
three populations maintain the continuity of distribution throughout 
the San Gabriel Mountains and thereby reduce the risk of losing any 
isolated population from a stochastic, catastrophic event. Although 
these areas apparently support smaller adult populations than Bear 
Gulch and Big Rock Creek, mountain yellow-legged frogs have occurred in 
these areas since the early 1900's. They may contain important summer 
or winter habitat for frogs from nearby areas, and may also be a source 
of breeding animals to the larger population, and are therefore likely 
to contain resources important for the continued survival of the 
remaining populations of mountain yellow-legged frog.
    The following habitat description for this region is given by 
Jennings (1993). The San Gabriel Mountains are, in

[[Page 54117]]

general, largely composed of metamorphic rock that has been uplifted 
and recently eroded, thus resulting on steep slopes with thin soil 
layers. The vegetation that covers much of the area is California 
chaparral, although Jeffrey pine (Pinus jeffreyi) is found at the 
elevations over 6,900 ft (2,104 m). The larger watercourses contain 
riparian woodlands consisting mainly of white alder (Alnus 
rhombifolia), canyon live oaks (Quercus chrysolepis), California 
sycamores (Platanus racemosa) and willows (Salix spp.), while on the 
surrounding hillsides there is big cone spruce (Pseudotsuga macrocarpa) 
and some incense cedar (Calocedrus decurrens) on surrounding hillsides.
    Prior to 1970, the mountain yellow-legged frog was the most 
abundant and widely distributed frog in the Angeles National Forest 
(Zweifel 1955, Schoenherr 1976, Jennings 1993). However, recent surveys 
(Backlin et al. 2004) have only been able to locate this species in 
four areas within the Angeles National Forest; these areas are disjunct 
and widely separated both geographically, but also by paved roads. The 
reason(s) for the drastic decline in the abundance of mountain yellow-
legged frogs on the Forest area remain unclear (Jennings 1993). The 
areas historically occupied by all three ranid species (foothill 
yellow-legged frog, California red-legged frog, mountain yellow-legged 
frog) in the southern portion of the San Gabriel Mountains are now 
heavily impacted by water regulation or diversion, off-road vehicle 
use, recreation (swimming, fishing, day use, camping), and in some 
areas, recreational placer gold mining (dredging; Jennings 1993). In 
addition, rainbow trout and bullfrogs (Rana catesbeiana) have been 
introduced into their habitat (Jennings 1999); both these non-native 
species act as predators or resource competitors for numerous Ranid 
species (Hayes and Jennings 1986, Backlin et al. 2004).

Subunit 1A: San Gabriel River East Fork, (Angeles National Forest)

    The East Fork of the San Gabriel River flows north to south, 
through remote, mountainous terrain that lies north of the West Fork of 
the San Gabriel River in the Angeles National Forest, Los Angeles 
County. It lies within the 44,000 ac (17,807 ha) Sheep Mountain 
Wilderness Area. This subunit includes the following stream reaches in 
the upper section of the East Fork of the San Gabriel River: Bear 
Gulch, Vincent Gulch, Fish Fork, Iron Fork, and Alder Gulch.
    In the main stem of the East Fork of the San Gabriel River, 
mountain yellow-legged frogs have been observed as early as 1933, from 
as far south as Heaton Flats and as far north as the headwaters at 
Prairie Fork, Vincent Gulch, and Bear Gulch, where there are extant 
populations. The largest of these occurs in Bear Gulch, with an 
estimated 54 adults for 2001-2003 (95% confidence interval 33-93). In 
2003, 61 adults, 76 tadpoles, and just one egg mass were found in Bear 
Gulch. In neighboring Vincent Gulch, mountain yellow-legged frogs have 
been observed as early as 1933 (California Academy of Sciences), but in 
2003 contained only about 2 adults and 11 first-year larvae (Backlin et 
al. 2004). Jennings (1993) stated that the trail and/or campgrounds 
that occur at the mouth of Vincent Gulch should be re-routed. In 
adjacent Prairie Fork, mountain yellow-legged frogs have been observed 
since 1982, but were not located during surveys in 1998 and 2000; there 
is a campground located here and trout occur (Jennings, Backlin et al. 
2004). The populations in the area of this unit has experienced a 
number of major climatic events, such as devastating flooding that 
occurred throughout Southern California in the years 1968-69, when 
mountain yellow-legged frog populations seemed to be greatly reduced 
(Jennings and Hayes 1994b) while the area of the headwaters of the San 
Gabriel River, East Fork were severely burned in 1997 (Jennings 1999).
    Threats to the species and its habitat in this subunit include the 
presence of non-native trout, potential water diversion, and human 
recreation, including recreational mining (USFS 2002). There have been 
proposals for water removal from the upper part of the drainage area 
above Vincent and Bear Gulch for the winter recreation on Blue Ridge, 
and increased siltation load from fire burns (in 1999) and from people 
recreating in the streams (Jennings 1999). South of these headwater 
streams, most areas of the East Fork of the San Gabriel River contain 
non-native trout (Backlin et al. 2004). The main stem of this river, 
where mountain yellow-legged frog was observed as early as 1933, has 
been stocked with trout near its base (near Heaton Flats) 52 times 
between 1947 and 1998 (Backlin et al. 2004). The Alder Gulch tributary 
to the East Fork of the San Gabriel River has not been surveyed 
extensively, but it contains habitat suitable to the mountain yellow-
legged frog, which was known to occur here at least from 1994 to 1998. 
Rainbow trout were stocked in this stream twice between 1940 and 1969, 
and the trout persist today (Backlin et al. 2004). Stream segments in 
this subunit may require special management consideration or protection 
such as relocation of hiking trails or picnic areas or other access 
limitations in or near sensitive areas, additional monitoring of 
authorized mining activities, and removal of non-native trout species.

Subunit 1B: Big Rock Creek, South Fork (Angeles National Forest)

    In the South Fork of Big Rock Creek, the mountain yellow-legged 
frog occurs at the uppermost reaches of the tributaries, below which 
rainbow trout occur. The number of frogs here is almost 10 times 
greater than in Little Rock Creek (Backlin et al. 2004). The breeding 
adult population of mountain yellow-legged frog in the South Fork of 
Big Rock Creek between 2000 and 2003 was estimated at 27-74 (Backlin et 
al. 2004). Big Rock Creek, along with Bear Gulch (subunit 1A), 
represents the largest adult breeding populations throughout the range 
of the species.
    Threats to the species and its habitat in this subunit include the 
presence of non-native trout (USFS 2002; Backlin et al. 2004) and human 
recreation. In 2002, recent severe drought conditions caused nearly the 
entire creek to dry such that only a few shallow pools remained below 
the area where the frogs occur; these contained an estimated number of 
trout between 20 and 100 fish in each (Backlin et al. 2004). By 2003, 
the drought conditions had greatly reduced the trout in the reaches 
below the frogs, providing opportunity for successful trout removal, 
and trout barrier implementation (Backlin et al. 2004). By late 2003, 
approximately 3 individuals were found to occur about 1 km downstream 
from where the bulk of the population occurs, where only one was found 
in previous years; it is hypothesized that these individuals could 
establish and persist given little to no trout (Backlin et al. 2004). 
There is currently no fish barrier to prevent trout from re-colonizing 
the upper reaches in years with heavier water flow, such as 2005. The 
main stem of Big Rock Creek has been stocked with trout 51 times 
between 1947-1998, and the South Fork of Big Rock Creek stocked 4 times 
from 1948-1953 (Backlin et al. 2004). Little documented information on 
recreational impacts to mountain yellow-legged frog habitat in this 
subunit exists, but the subunit borders near a campground, hiking 
trails and there are several roads close by (e.g., Angeles Crest 
Highway). Further, due to the proximity of the San Gabriel Mountains to 
large urban centers and resulting high recreational use of these areas, 
we believe that

[[Page 54118]]

recreation occurs to some extent within this subunit. As a result of 
these threats, the stream segments in this subunit may require special 
management consideration or protection such as relocation of hiking 
trails or other access limitations in or near sensitive areas and 
removal of non-native trout.

Subunit 1C: Little Rock Creek (Angeles National Forest)

    Little Rock Creek is a long, desert-flowing drainage that contains 
substantial arroyo toad (Bufo californicus) population in the lower 
reaches, where camping and OHV use are popular activities (Stephenson 
and Calcarone 1999). Here, the mountain yellow-legged frog once ranged 
from its headwaters, and throughout the entire length of this stream to 
where it empties northwest into the Mojave. This stream, where mountain 
yellow-legged frog were observed as early as 1911, has a reservoir at 
its base where non-native trout have been stocked 51 times between 1947 
and 1998 (Backlin et al. 2004). Today, the current population is 
estimated at approximately 9 individuals, and believed to exist only at 
its headwaters at the highest elevations of the stream (Backlin et al. 
2004), although the side tributaries have been little studied.
    Threats to the species and its habitat in Little Rock Creek include 
the presence of non-native trout, human recreation, and hazard 
materials spills (USFS 2002). Rock climbing and hiking are common 
activities in the upper headwaters of Little Rock Creek, near the 
Angeles Crest Highway, where this unit occurs (Stephenson and Calcarone 
1999). An unofficial trail has been blazed to a popular rock-climbing 
area and follows the creek where the frogs occur (USFS 2002). The USGS 
has recommended that this trail be diverted away from the stream to 
avoid disturbance to the frogs and habitat pollution and both the USFS 
and USGS have identified the need for educational signs to promote 
understanding of the mountain yellow-legged frog biology/ecology and 
its habitat requirements (USFS 2002; Backlin et al. 2004). Additional 
special management that may be required to minimize the threat of 
recreational activities includes closing, rerouting or reconstructing 
unauthorized trails; closing parking areas used for unauthorized trail 
access; relocating campsites and picnic tables adjacent to occupied 
creeks and removal of non-native trout detrimental to the mountain 
yellow-legged frog. The potential for hazardous materials spills is 
also a threat to the habitat within this subunit that may require 
special management such as developing an action plan for prevention, 
notification, and containment of spills before they enter the stream or 
its tributaries (USFS 2002). There have also been requests for water 
removal for ski operations in the uppermost reaches, which can 
potentially dewater the stream (Service 1999, 2002; Stewart et al. 
2000).
    Little Rock Creek, with its extant mountain yellow-legged frog 
population, is a site chosen by the USGS to conduct a manipulation 
experiment in order to study the effects of trout removal on the 
establishment behavior of frogs. This was because trout are known 
predators of ranid frogs (Hayes and Jennings 1986, Backlin et al. 
2004), and there is evidence that introduced trout restrict the 
distribution and abundance of mountain yellow-legged frogs (Bradford 
1989, Bradford et al 1994, Knapp and Matthews 2000, Knapp et al. 2003, 
Backlin et al. 2004). The project area encompasses the uppermost 
reaches of the creek, where it is divided into three consecutive 
sections by natural fish barriers. The first barrier is a natural 
waterfall, above which the main frog population occurs; below it are 
rainbow trout, and few mountain yellow-legged frog sightings have been 
recorded there regularly (Backlin et al. 2004). Further downstream, 
where there are only trout, a second natural barrier was enhanced by 
USFS in 2003 to prevent upstream movement by trout. Trout have been 
experimentally removed between the waterfall and the enhanced barrier 
on an annual basis (2002 to present) by electro-shocking and dip 
netting (Backlin et al. 2004). In 2002, 900 trout were removed, in 
2003, 90 were removed, while in 2004, approximately 250 trout--mostly 
young of the year--were removed (T. Hovey, CDFG, pers. comm. 2005). 
Results from this experiment are thus inconclusive as the experiment is 
as yet incomplete: removal efforts have significantly depleted the 
trout population, but have not yet completely removed the trout from 
that section of the stream.

Subunit 1D: Devil's Canyon (Angeles National Forest)

    Devil's Canyon is a rugged area within the San Gabriel Wilderness, 
which covers an area of 36,215 ac (14,667 ha) and varies in elevation 
from 1,600 to 8, 200 ft. The lower elevations are covered with dense 
chaparral, which rapidly changes to pine and fir-covered slopes. 
Although wilderness permits are not required, Devil's Canyon has been 
relatively unstudied with regard to vertebrate resources. Because this 
area difficult to access, it was surveyed only once by USGS in 2003 
(Backlin et al. 2004), although the habitat has been characterized as 
excellent (Jennings 1993). The breeding adult population of mountain 
yellow-legged frog in Devil's Canyon between 2000 and 2003 was 
estimated at 20 (Backlin et al. 2004).
    Threats to the species and its habitat within this subunit include 
the presence of non-native trout and human recreation. We do not 
currently have documented information on recreational impacts to 
mountain yellow-legged frog habitat in this subunit. However, due to 
the proximity of the San Gabriel Mountains to large urban centers and 
resulting high recreational use of these areas, we believe that 
recreation occurs to some extent within this subunit. Therefore, the 
stream segments that are being proposed as critical habitat in this 
subunit may require special management consideration or protection such 
as relocation of hiking trails or other access limitations in or near 
sensitive areas and the removal of non-native trout.

Subunit 1E: Day Canyon (San Bernardino National Forest)

    Day Canyon/Day Creek occurs on the southeastern slope of the San 
Gabriel Mountains, and it flows southward off of Cucamonga Peak and 
empties into a large wash area above lowlands to the north of Los 
Angeles. The terrain is steep and characterized by extensive rock/
boulder fields and limited soil development (USFS 2002). Although the 
mountain yellow-legged frog was first observed here in 1959 (Los 
Angeles County Museum), Day Canyon has not been surveyed extensively, 
i.e., only 5 times since 1997. Surveys in 2003 failed to locate any 
frogs (Backlin, et al., 2004), but did find rainbow trout in 2002; both 
years were drought years.
    This subunit represents the southernmost area in the San Gabriel 
Mountains that was occupied at the time of listing. Rainbow trout have 
been observed in this canyon (Myers and Wilcox 1999), and therefore 
pose a threat to the species and its habitat within this subunit. 
Further, human recreational impacts such as shooting, dumping 
(including automobiles) and recreation (swimming, picnicking, etc.) 
have been documented for a number drainages in the San Gabriel 
Mountains where mountain yellow-legged frog have been known to occur, 
including Day Canyon (Myers and Wilcox 1999). Further, this subunit 
drains into an area in close proximity to large urban centers, and we 
believe that recreation occurs regularly to some extent within this 
subunit. Therefore, the stream segments that are being proposed as

[[Page 54119]]

critical habitat in this subunit may require special management 
consideration or protection such as relocation of hiking trails or 
other access limitations in or near sensitive areas and removal of non-
native trout.

Subunit 1F: San Gabriel River, East Fork, Iron Fork (Angeles National 
Forest)

    The two streams, Iron Fork and the South Fork of Iron Fork drain 
into the San Gabriel East Fork, and had apparently healthy populations 
of dozens of individuals from at least 1947, through 1975, and in 1994 
(Ford 1975; Jennings 1994). However, since then, the area has been 
surveyed only in 2001 (Backlin, et al., 2002), presumably due to the 
difficulty of access, and its steep terrain. The upper reaches of this 
unit are difficult to access, but the survey by USGS found that it 
contains habitat suitable for the mountain yellow-legged frog (A. 
Backlin, USGS, pers. comm. 2005). This subunit is important since it 
connects to the East Fork of the San Gabriel River near the important 
existing frog populations, while it is also located on the western side 
of the river, less than 5 km away from the Big Rock Creek. Iron Fork is 
thus important as it may constitute an important pathway between these 
two largest populations, while its inaccessibility and steepness may 
make it a refugia for frogs from trout; it is possible that frogs still 
occur in this area, particularly in the upper reaches as this area has 
not been recently surveyed on foot (Backlin, pers. comm.).
    While we have information that these stream reaches were 
historically occupied, reaches within this subunit were not known to be 
occupied by mountain yellow-legged frog at the time of listing and are 
not currently known to be occupied. However, this subunit is important 
since it connects to the East Fork of the San Gabriel River near the 
important existing frog populations, and it is located on the western 
side of the river, less than 5 km away from the Big Rock Creek. Iron 
Fork is thus important as it may constitute an important pathway 
between these two largest populations, while its inaccessibility and 
steepness may make it a refugia for frogs from trout; it is possible 
that frogs still occur in this area, particularly in the upper reaches 
as this area has not been recently surveyed on foot (A. Backlin, USGS, 
pers. comm. 2005).
    Threats to the species and its habitat within this subunit include 
the presence of non-native trout and human recreation. We do not have 
documented information on recreational impacts to mountain yellow-
legged frog habitat in this subunit. However, due to the proximity of 
the San Gabriel Mountains to large urban centers and resulting high 
recreational use of these areas, we believe that recreation occurs to 
some extent within this subunit. This subunit may constitute an 
important alternative site for future mountain yellow-legged frog re-
introductions in this region.

Subunit 1G: Bear Creek, Upper Reaches (Off San Gabriel River, West 
Fork; Angeles National Forest)

    Bear Creek lies within the San Gabriel Wilderness Area and is 
accessible by an 11-mile trail, with trailheads on Highway 39, on the 
eastern border of the Wilderness. Mountain yellow-legged frog were 
first observed in the Bear Creek area in 1959 (Schoenherr 1976), and 
while the stream has only been surveyed twice since (Jennings 1993; 
Backlin, et al., 2003). However, frogs may have been missed here due to 
the detectability of the species as shown by repeated surveys in Dark 
Canyon and other areas where there are also confirmed historical 
sightings, and repeated annual reports of no occurrences for up to 
three years, that is, until the populations are subsequently ``re-
discovered.'' Bear Creek is known to contain habitat suitable for the 
frog (described as excellent by Jennings 1994, 1999) and its upper 
reaches are located less than one mile east of Devil's Canyon, where an 
extant population of frogs was observed in 2005 (A. Backlin, USGS, 
pers. comm. 2005).
    Threats to the species and its habitat within this subunit include 
the presence of non-native trout and recreational activities in its 
southern reaches. We do not have documented information on recreational 
impacts to mountain yellow-legged frog habitat in this subunit. 
However, due to the proximity of the San Gabriel Mountains to large 
urban centers and resulting high recreational use of these areas, we 
believe that recreation occurs to some extent within this subunit. 
Stream reaches within this subunit were not known to be occupied by 
mountain yellow-legged frog at the time of listing (1987-2002) and are 
not currently known to be occupied. However this subunit is, may be 
important as a potential reintroduction site for mountain yellow-legged 
frog in this region.

Critical Habitat Unit 2: San Bernardino Mountains Unit

    This unit is composed of stream segments within 3 subunits (2A-2C) 
of which 1 subunit (2A) was known to be occupied at the time of listing 
but currently assumed unoccupied, 1 subunit (2B) was found to be 
occupied subsequent to the listing determination, and 1 subunit (2C) is 
not known to be currently occupied but was historically occupied. This 
unit is located in the San Bernardino Mountains within the boundaries 
the San Bernardino National Forest in San Bernardino County.

Subunit 2A: City Creek

    This subunit contains portions of both the west and east forks of 
City Creek in an unpopulated area of the San Bernardino Mountains where 
recreational pressure is very low. Backlin et al. (2003) identified 
suitable habitat for the mountain yellow-legged frog in 2003. The City 
Creek, West Fork has been surveyed less frequently than City Creek, 
East Fork but both adults and tadpoles have been observed at the 
confluence of the two streams and below the confluence as well (USFS 
and CDFG reports, 1998, 1999). The breeding adult population of 
mountain yellow-legged frog in City Creek, East Fork between 2002 and 
2003 was estimated at 50 (confidence interval = 22-127; Backlin et al. 
2004), representing one of the largest of the known populations of 
mountain yellow-legged frog in southern California.
    Threats to the species and its habitat within this subunit include 
the presence of non-native trout, potentially high fuel loads, and the 
potential for hazardous spills along Highway 330 (USFS 2002). Non-
native brown trout have been stocked 11 times between 1949 and 1979 
(Backlin, et al., 2004). Threats to the species in this subunit also 
include temporary habitat alteration resulting from flood and fire 
events. In 2003, the Old Fire burned the front range of the San 
Bernardino National Forest, including the watershed for City Creek, 
with subsequent run-off and scouring in late fall 2003. In addition, 
fire and debris deposition in December 2003 may have decimated much of 
the fish and frog populations here, although it is possible that some 
frogs survived (Backlin, et al., 2004). In 2004, 11 juvenile frogs were 
salvaged from the East Fork and taken to the Los Angeles Zoo's captive 
rearing facility, where the juvenile frogs currently thrive (Dr. R. 
Smith, pers. comm. 2004). In their latest report, USGS (Backlin, et 
al., 2004) recommends that these individuals be bred in captivity and 
new populations established in the wild from egg masses or tadpoles, in 
areas determined to be historically occupied where suitable conditions 
can be rendered through habitat restoration.
    As a result of the 2003 fire, and the 2005 floods, parts of City 
Creek, East Fork may not currently contain all of the

[[Page 54120]]

primary constituent elements essential for the mountain yellow-legged 
frog, and hydrologists expect that the sediments will have been scoured 
and transported downstream. However, the portion of the creek north of 
Highway 32 contained many pools and the riparian habitat seemed intact, 
although the banks themselves were rocky and now lack soil substrate 
(Dr. E. Pierce, Service, pers. obs. 2004). Thus, at least in the 
northern portion of this creek, at least one or more of the primary 
constituent elements still exist. Over time, natural processes will 
restore the habitat; i.e., the bank substrates and other original 
conditions. CDFG, USFS, USGS, CRES, and the Service are developing a 
long-term plan to potentially return the progeny of these 10 remaining 
frogs to City Creek-East Fork. Prior to the flooding, East Fork of City 
Creek supported approximately 50 adult frogs and was considered one of 
the three largest populations of the southern California mountain 
yellow-legged frog, however surveys since the floods have failed to 
yield additional frogs.
    We consider this subunit to be unoccupied but essential to the 
conservation of the species because while the habitat does not 
currently contain sufficient PCEs we expect it to recover naturally 
from a natural event and because: (1) The habitat previously supported 
a large adult population; (2) this population was one of only two known 
occurrences in the San Bernardino Mountains; and (3) this stream would 
be the most likely candidate to reintroduce the progeny of the mountain 
yellow-legged frog held at the Los Angeles Zoo.
    Stream segments that are being proposed as critical habitat in this 
subunit may require special management consideration or protection such 
removal of non-native trout species, restoration of habitat altered 
during recent fires and floods, the development of an action plan for 
prevention, notification, and containment of spills before they enter 
the stream or its tributaries, and management of riparian vegetation in 
areas of high canopy cover or dense vegetation.

Subunit 2B: Barton Creek, East Fork

    The East Fork of Barton Creek drains from the north-facing slope of 
the San Bernardino Mountain Wilderness area, off Shields Peak, and 
joins with Frog Creek to form the main stem of Barton Creek. The 
terrain is characterized by low relief, moderate to extensive soil 
development, and partly closed canopy (USFS 2002). In 1993, 
approximately 50 adults were observed in this creek during a year when 
the creek was flowing well (CNDDB; R. McKernan, dir. San Bernardino 
County Museum, pers. obs.). Approximately 50 individual adults were 
observed here in 1993 (CNDDB 2005), a year of significant 
precipitation.
    Threats to the species and its habitat within this subunit include 
the presence of non-native brown trout, some habitat degradation due to 
urban development, and human recreation. The area above State Highway 
38 and above Jenks Lake Road has a number of permanent dwellings or 
other structures, and has evidence of human disturbance. The main 
Barton Creek stem has been stocked with non-native trout six times 
between 1940 and 1955 (Backlin, et al., 2004). Stream segments that are 
being proposed as critical habitat may require special management 
consideration or protection such as relocation of hiking trails or 
other access limitations in or near sensitive areas, restoration of 
habitat in disturbed areas, and removal of non-native trout.

Subunit 2C: Whitewater River, North Fork (Upper Reaches)

    This portion of Whitewater River, which flows southward, occurs in 
the San Bernardino Wilderness area, on USFS lands. The first collection 
of the species was made on the desert slope between Cabezon and 
Whitewater in 1908. Subsequent fieldwork revealed mountain yellow-
legged frog in Whitewater River in 1959, and while it has not been re-
located, surveys have only been conducted 2001 and 2003, and only in 
the lower reaches of the river.
    This area contains sufficient features such that we consider the 
area to be essential to the conservation of the species (A. Backlin, 
USGS, pers. comm. 2004). Stream reaches within this subunit were not 
known to be occupied by mountain yellow-legged frog at the time of 
listing (1987-2002) and are not currently known to be occupied. 
However, this area at least historically contained the southeastern 
most known population of mountain yellow-legged frog in the San 
Bernardino Mountains (A. Backlin, USGS, pers. comm. 2004). This subunit 
may constitute a potential re-introduction site for the mountain 
yellow-legged frog in this region.
    Threats to the species and its habitat within this subunit include 
the presence of non-native trout and human recreation. Rainbow trout 
observed 2003 in the lower reaches; the river has been stocked with 
non-native trout two times between 1950 and 1967 (Backlin, et al., 
2004). Currently, we do not have documented information on recreational 
impacts to mountain yellow-legged frog habitat in this subunit. 
However, due to the proximity of the San Bernardino Mountains to large 
urban centers and resulting high recreational use of these areas, we 
believe that recreation occurs to some extent within this subunit.

Critical Habitat Unit 3: San Jacinto Mountains Unit

    The San Jacinto Mountains Unit is composed of stream segments 
within 4 subunits (3A-3D) of which 2 subunits (3A & 3B) were known to 
be occupied at the time of listing and 2 subunits (3C & 3D) are not 
known to be currently occupied, but were historically occupied. This 
unit is located in the San Jacinto Mountains in the San Bernardino 
National Forest, Riverside County.

Subunit 3A: San Jacinto River, North Fork (the Tributaries Black 
Mountain Creek, Fuller Mill Creek, and Dark Canyon

    These populations represent the southernmost distribution of the 
mountain yellow-legged frog. In 2003, Fuller Mill Creek (9 adults) 
represented approximately 5 percent of the estimated population of 183 
adults (Backlin, et al., 2004) and is the largest remaining population 
in the San Jacinto Mountains. In 2003, 11 adults, 54 juveniles, and 18 
first-year larvae were recorded from Dark Canyon (Backlin et al. 2004). 
Dark Canyon (54 juveniles) represented approximately 42 percent of the 
128 juvenile mountain yellow-legged frog captured in 2003, although the 
small sample may not represent the true demographics of this population 
(Backlin et al. 2004). Dark Canyon, and its upper reaches, has been 
surveyed little (i.e. it was surveyed only once in 2003 because this 
area difficult to access) (Backlin et al. 2004). Both Fuller Mill Creek 
and Dark Canyon represent important sources of reproductive potential 
for the low population of the mountain yellow-legged frog and to 
maintain populations in the San Jacinto Mountains and minimize the risk 
of losing any population from a stochastic catastrophic event. The 
North Fork San Jacinto River at Black Mountain Creek was not known 
occupied at the time of listing, but has been surveyed rarely since 
1994. The North Fork San Jacinto River has been stocked with non-native 
trout 36 times between 1948 and 1984 (Backlin, et al., 2004).
    Threats to the species and its habitat in this subunit include the 
presence of non-native trout, human recreation, and potentially high 
fuel loads (USFS 2002). Therefore stream segments within this

[[Page 54121]]

subunit may require special management consideration or protection such 
removal of non-native trout species, rerouting or reconstructing hiking 
trails or some recreational facilities located adjacent to occupied 
creeks, installing signing at trailheads and along access points to 
promote understanding of the species' biology and habitat requirements, 
and management of riparian vegetation in areas of high canopy cover or 
dense vegetation.

Subunit 3B: Indian Creek (at Hall Canyon)

    In Indian Creek at Hall Canyon, mountain yellow-legged frogs have 
been observed since as early as 1908 (Lake Fulmor). Lake Fulmor has 
been stocked with non-native trout at least 24 times between 1957 and 
1984 (Backlin, et al., 2004). Since then, they have been observed in 
1927, in the 1950's and again in 1995 (CNDDB). Although extensive 
surveys have not been conducted here in the 2000s, water levels in 
these streams have apparently been very low due to drought conditions. 
The mountain yellow-legged frog was last observed in Hall Canyon in 
1995. North Fork San Jacinto River and Hall Canyon constitute two of 
the four (50 percent) known occurrences of the mountain yellow-legged 
frog observed in the San Jacinto Mountains since 1995. Thus, these 
streams are important for the persistence of the mountain yellow-legged 
frog.
    Threats to the mountain yellow-legged frog in this subunit include 
the potential presence of non-native trout and potentially high fuel 
loads (USFS 2002) and some human recreation activities. Therefore 
stream segments within this subunit may require special management 
consideration or protection such removal of non-native trout species, 
closing, rerouting or reconstructing campgrounds, hiking trails or 
picnic tables adjacent to occupied creeks, installing signage at 
trailheads, removal of non-native trout, and management of riparian 
vegetation in areas of high canopy cover or dense vegetation.

Subunit 3C: Tahquitz Creek (Upper Reaches, Including Willow Creek 
Tributary)

    The headwaters of this extensive river occur within the San Jacinto 
Wilderness area, where the subunit is located entirely. It flows from 
Mount San Jacinto eastward and empties near Palm Springs. The habitat 
has been characterized as suitable (Backlin et al. 2004). Mountain 
yellow-legged frogs were located in this stream as early as 1905, 
throughout the early 1900s and as late as 1970. Surveys of this 
currently unoccupied stream have been infrequent in recent years, due 
to its extensive length and ruggedness; the upper reaches and lower 
reaches have been survey four times in the 2000s, but not the mid-
sections. Brown trout were found during recent surveys, and records 
show that the river was stocked with non-native trout 36 times between 
1948 and 1984 (Backlin, et al., 2004).
    Threats to the species and its habitat in this subunit include 
trampling of habitat due to cows (CDFG survey comments, 2001) and the 
presence of non-native trout. In general, this stream has a low level 
of human recreational pressure. Tahquitz Creek may constitute an 
important alternative site for future mountain yellow-legged frog re-
introductions in this region.

Subunit 3D: Andreas Creek (Upper Reaches)

    The headwaters of this river also occur within the San Jacinto 
Wilderness area, where the Sub-unit is located entirely, and flows from 
Mount San Jacinto eastward and empties near Palm Springs. Mountain 
yellow-legged frog were found in this currently unoccupied site as 
early as 1941, and as late as 1978 and were thought to persist there 
still in 1994 (Jennings and Hayes 1994b). Although Andreas Creek also 
has a low level of human recreational pressure, it has been stocked 
with non-native trout 9 times between 1949 and 1968 (Backlin et al. 
2004). The stream habitat has been identified as suitable for the 
mountain yellow-legged frog (Backlin, et al., 2004). The headwaters of 
both Andreas Creek and Tahquitz Creek occur relatively close to the 
upper drainage of the currently known population in the North Fork of 
San Jacinto, and may therefore constitute an important alternative site 
for future mountain yellow-legged frog re-introductions.

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7 of the Act requires Federal agencies, including the 
Service, to ensure that actions they fund, authorize, or carry out are 
not likely to destroy or adversely modify critical habitat. In our 
regulations at 50 CFR 402.2, we define destruction or adverse 
modification as ``a direct or indirect alteration that appreciably 
diminishes the value of critical habitat for both the survival and 
recovery of a listed species. Such alterations include, but are not 
limited to: Alterations adversely modifying any of those physical or 
biological features that were the basis for determining the habitat to 
be critical.'' We are currently reviewing the regulatory definition of 
adverse modification in relation to the conservation of the species, 
and are relying on the statutory provisions of the Act in evaluating 
the effects of Federal actions on proposed critical habitat, pending 
further regulatory guidance. More detail on how we are currently 
interpreting this portion of the Act can be found in the Fish and 
Wildlife Service Director's December 9, 2004, memorandum, titled: 
Application of the ``Destruction or Adverse Modification'' Standard 
under Section 7(a)(2) of the Endangered Species Act.
    Section 7(a) of the Act requires Federal agencies, including the 
Service, to evaluate their actions with respect to any species that is 
proposed or listed as endangered or threatened and with respect to its 
critical habitat, if any is proposed or designated. Regulations 
implementing this interagency cooperation provision of the Act are 
codified at 50 CFR part 402.
    Section 7(a)(4) of the Act requires Federal agencies to confer with 
us on any action that is likely to jeopardize the continued existence 
of a proposed species or result in destruction or adverse modification 
of proposed critical habitat. Conference reports provide conservation 
recommendations to assist the agency in eliminating conflicts that may 
be caused by the proposed action. We may issue a formal conference 
report if requested by a Federal agency. Formal conference reports on 
proposed critical habitat contain an opinion that is prepared according 
to 50 CFR 402.14, as if critical habitat were designated. We may adopt 
the formal conference report as the biological opinion when the 
critical habitat is designated, if no substantial new information or 
changes in the action alter the content of the opinion (see 50 CFR 
402.10(d)). The conservation recommendations in a conference report are 
advisory.
    If a species is listed or critical habitat is designated, section 
7(a)(2) requires Federal agencies to ensure that activities they 
authorize, fund, or carry out are not likely to jeopardize the 
continued existence of such a species or to destroy or adversely modify 
its critical habitat. If a Federal action may affect a listed species 
or its critical habitat, the responsible Federal agency (action agency) 
must enter into consultation with us. Through this consultation, the 
action agency ensures that their actions do not destroy or adversely 
modify critical habitat.
    When we issue a biological opinion concluding that a project is 
likely to result in the destruction or adverse

[[Page 54122]]

modification of critical habitat, we also provide reasonable and 
prudent alternatives to the project, if any are identifiable. 
``Reasonable and prudent alternatives'' are defined at 50 CFR 402.02 as 
alternative actions identified during consultation that can be 
implemented in a manner consistent with the intended purpose of the 
action, that are consistent with the scope of the Federal agency's 
legal authority and jurisdiction, that are economically and 
technologically feasible, and that the Director believes would avoid 
destruction or adverse modification of critical habitat. Reasonable and 
prudent alternatives can vary from slight project modifications to 
extensive redesign or relocation of the project. Costs associated with 
implementing a reasonable and prudent alternative are similarly 
variable.
    Regulations at 50 CFR 402.16 require Federal agencies to reinitiate 
consultation on previously reviewed actions in instances where critical 
habitat is subsequently designated and the Federal agency has retained 
discretionary involvement or control over the action or such 
discretionary involvement or control is authorized by law. 
Consequently, some Federal agencies may request re-initiation of 
consultation or conference with us on actions for which formal 
consultation has been completed, if those actions may affect designated 
critical habitat or adversely modify or destroy proposed critical 
habitat.
    Federal activities that may affect the mountain yellow-legged frog 
or its critical habitat will require section 7 consultation. Activities 
on private or State lands requiring a permit from a Federal agency, 
such as a permit from the U.S. Army Corps of Engineers (Corps) under 
section 404 of the Clean Water Act, a section 10(a)(1)(B) permit from 
the Service, or some other Federal action, including funding (e.g., 
Federal Highway Administration or Federal Emergency Management Agency 
funding), will also continue to be subject to the section 7 
consultation process. Federal actions not affecting listed species or 
critical habitat and actions on non-Federal and private lands that are 
not federally funded, authorized, or permitted do not require section 7 
consultation.
    Section 4(b)(8) of the Act requires us to briefly evaluate and 
describe in any proposed or final regulation that designates critical 
habitat those activities involving a Federal action that may destroy or 
adversely modify such habitat, or that may be affected by such 
designation. Activities that may destroy or adversely modify critical 
habitat may also jeopardize the continued existence of the mountain 
yellow-legged frog. Federal activities that, when carried out, may 
adversely affect critical habitat for the mountain yellow-legged frog 
include, but are not limited to:
    (1) Sale, exchange, or lease of lands managed by the USFS or other 
Federal agencies. The sale, exchange, or lease of these lands could 
result in reduced management and conservation efforts to conserve the 
mountain yellow-legged frog;
    (2) Regulation of activities affecting waters of the United States 
by the Corps under section 404 of the Clean Water Act;
    (3) Regulation of water flows, water delivery, damming, diversion, 
stream channelization, water transfers, diversion, impoundment, 
groundwater withdrawal, or irrigation activities that causes barriers 
or deterrents to dispersal, inundates or drains habitat, or 
significantly converts habitat by the USFS, Bureau of Reclamation, 
Corps or other Federal agencies;
    (4) Regulation of grazing, recreation, mining, or logging by the 
USFS or other Federal agencies. Mining, grazing, logging, land 
clearing, and recreational activities in or adjacent to the aquatic 
habitat could degrade, reduce, fragment or eliminate the habitat 
necessary for the growth and reproduction of the mountain yellow-legged 
frog.
    (5) Funding and implementation of disaster relief projects by the 
Federal Emergency Management Agency (FEMA) and the Natural Resource 
Conservation Service's (NRCS) Emergency Watershed Program, including 
erosion control, flood control, stream bank repair to reduce the risk 
of loss of property. Such program activities could adversely affect 
breeding and non-breeding aquatic habitats of the subspecies by 
channelization or hardening of stream courses, removal of riparian 
vegetation used by the mountain yellow-legged frog for foraging or 
shelter;
    (6) Funding and regulation of new road construction, paved areas, 
or road improvements by the Federal Highways Administration, the USFS, 
or other agencies. Road construction or improvement activities can 
adversely affect the mountain yellow-legged frog through creation of 
barriers to dispersal and increased traffic volume resulting in direct 
mortality, removal or alteration of aquatic habitat or hydrology 
necessary for growth and reproduction;
    (7) Clearing of riparian vegetation by the USFS or other Federal 
agencies. These activities may lead to changes in water flows, levels, 
and quality that may potentially degrade or eliminate habitats for the 
mountain yellow-legged frog;
    (8) Promulgation of air and water quality standards under the Clean 
Air Act and the Clean Water Act, and the clean up of toxic waste and 
superfund sites under the Resource Conservation and Recovery Act (RCRA) 
and the Comprehensive Environmental Response, Compensation, and 
Liability Act by the EPA;
    (9) Discharges that may significantly alter water quality, 
chemistry, or temperature or significantly increase sediment deposition 
within the streams and other aquatic habitats used by the mountain 
yellow-legged frog. These discharges may alter water quality beyond the 
tolerances of the mountain yellow-legged frog adults, larvae, or eggs.
    All lands proposed for designation as critical habitat lie within 
the geographic range of the southern California of the mountain yellow-
legged frog in the San Bernardino, San Jacinto, and San Gabriel 
mountains. This proposed designation includes areas currently known to 
be occupied by the species, as well as several areas that were 
historically occupied, but where current occupancy is not known and 
assumed to be unoccupied. The occupied units are known to be used for 
foraging, sheltering, breeding, egg-laying, growth of larvae and 
juveniles, intra-specific communication, basking, dispersal, and 
migration. Federal agencies already consult with us on activities in 
areas currently occupied by the mountain yellow-legged frog, or if the 
species may be affected by the action, to ensure that their actions do 
not jeopardize the continued existence of the species. In the event 
critical habitat is designated, Federal agencies would need to ensure 
that their actions do not destroy or adversely modify critical habitat. 
For these areas where current occupancy has not been verified, we are 
only proposing to designate federally managed land as critical habitat. 
Thus, we do not anticipate substantial additional regulatory protection 
will result from the proposed critical habitat designation for areas 
known to be occupied by mountain yellow-legged frog, although 
consultation may need to be reinitiated. For those areas not currently 
known to be occupied by mountain yellow-legged frog, the Forest Service 
or other Federal agencies would need to consult with the Service under 
section 7(a)(2) of the Act.
    If you have questions regarding whether specific activities may 
constitute adverse modification of critical habitat in California, 
contact the Field Supervisor, Carlsbad Fish and

[[Page 54123]]

Wildlife Office (see ADDRESSES section). Requests for copies of the 
regulations on listed plants and wildlife and inquiries about 
prohibitions and permits may be addressed to the U.S. Fish and Wildlife 
Service, Branch of Endangered Species, 911 NE 11th Ave, Portland, OR 
97232 (telephone (503) 231-2063; facsimile (503)-- 231-6243.

Application of 3(5)(A) and Exclusions Under Section 4(b)(2) of the Act

    Section 3(5)(A) of the Act defines critical habitat as the specific 
areas within the geographic area occupied by the species at the time of 
listing on which are found those physical and biological features (i) 
essential to the conservation of the species and (ii) which may require 
special management considerations or protection. Therefore, areas 
within the geographic area occupied by the species at the time of 
listing that do not contain the features essential for the conservation 
of the species are not, by definition, critical habitat. Similarly, 
areas within the geographic area occupied by the species at the time of 
listing that do not require special management or protection also are 
not, by definition, critical habitat. To determine whether an area 
requires special management, we first determine if the essential 
features located there generally require special management to address 
applicable threats. If those features do not require special 
management, or if they do in general but not for the particular area in 
question because of the existence of an adequate management plan or for 
some other reason, then the area does not require special management.
    We consider a current plan to provide adequate management or 
protection if it meets two criteria: (1) The plan provides management, 
protection or enhancement to the PCEs at least equivalent to that 
provided by a critical habitat designation; and (2) the Service has 
reasonable expectation the management, protection or enhancement 
actions will continue for the foreseeable future.
    Section 4(b)(2) of the Act states that critical habitat shall be 
designated, and revised, on the basis of the best available scientific 
data after taking into consideration the economic impact, national 
security impact, and any other relevant impact of specifying any 
particular area as critical habitat. An area may be excluded from 
critical habitat if it is determined that the benefits of exclusion 
outweigh the benefits of specifying a particular area as critical 
habitat, unless the failure to designate such area as critical habitat 
will result in the extinction of the species.
    In our critical habitat designations, we use both the provisions 
outlined in sections 3(5)(A) and 4(b)(2) of the Act to evaluate those 
specific areas that we are consider proposing designating as critical 
habitat as well as for those areas that are formally proposed for 
designation as critical habitat. Lands we have found do not meet the 
definition of critical habitat under section 3(5)(A) or have excluded 
pursuant to section 4(b)(2) include those covered legally operative 
HCPs that cover the species. There are no tribal lands or lands owned 
by the Department of Defense within the areas proposed as critical 
habitat for the mountain yellow-legged frog in southern California.

Relationship of Critical Habitat to Approved Habitat Conservation Plans 
(HCPs)

    To the extent that these areas meet the definition of critical 
habitat pursuant to section 3(5)(A) of the Act, we are proposing to 
exclude critical habitat from approximately 487 ac (197 ha) of non-
Federal lands within existing Public/Quasi Public (PQP) lands, proposed 
conceptual reserve design lands, and lands targeted for conservation 
within the Western Riverside County Multiple Species Habitat 
Conservation Plan (MSHCP) Area under section 4(b)(2) of the Act. Non-
Federal lands we are proposing to exclude from critical habitat include 
lands on Mount San Jacinto State Park owned by the California 
Department of Parks and Recreation (approximately 205 ac (83 ha)), 
private lands along Fuller Mill Creek (approximately 141 ac (57 ha)), 
lands owned by the County of Riverside Regional Parks and Open Space 
District at the confluence of Fuller Mill Creek and Dark Canyon 
(approximately 87 ac (35 ha)), and lands owned by the University of 
California at the James San Jacinto Mountains Reserve (approximately 54 
ac (22 ha)).
    The mountain yellow-legged frog is a covered species under the 
completed Western Riverside County MSHCP, and all but 141 ac (57 ha) of 
the 487 ac (197) of essential habitat identified within the MSHCP occur 
on reserve lands which will be conserved through the provisions of the 
Western Riverside County MSHCP. All private lands identified as 
essential mountain yellow-legged frog habitat occur on lands identified 
within the Western Riverside County MSHCP as Additional Reserve Lands. 
These Additional Reserve Lands must all be purchased by Riverside 
County as part of the HCP and will, over time, also be conserved 
through the provisions of the MSHCP. Therefore, all lands identified as 
essential habitat will be conserved. All essential habitat identified 
within the Western Riverside County MSHCP falls in an area defined in 
the MSHCP as the San Jacinto Mountains Bioregion Core Area, within the 
MSHCP Conservation Area. This Core Area primarily occurs within the San 
Bernardino National Forest. This area includes the current known 
populations as well as suitable and historically occupied mountain 
yellow-legged frog habitat.
    In addition to conserving all lands identified as essential 
habitat, the Western Riverside County MSHCP also identified 30,927 ac 
(12,516 ha) of modeled habitat for the mountain yellow-legged frog, far 
exceeding the 487 ac (197 ha) proposed for exclusion, and includes the 
following species-specific conservation objectives for this modeled 
habitat: Objective 1: Include within the MSHCP Conservation Area at 
least 335 ac (136 ha) of primary breeding habitat above 370 m (riparian 
scrub woodland and forest) within the San Jacinto Mountains. Primary 
breeding habitat for the yellow-legged frog includes aquatic habitats 
with gently sloping shore margins that receive some sunlight, and clear 
cool water; Objective 2: Include within the MSHCP Conservation Area the 
Core Areas above 370 m at the North Fork of the San Jacinto River 
(including Dark Canyon), Hall Canyon, and Fuller Mill Creek and other 
perennial water streams in the San Jacinto Mountains; Objective 3: 
Include within the MSHCP Conservation Area at least 32,399 ac (13,111 
ha) of the secondary wooded habitat above 1,214 ft (370 m) (oak 
woodlands and forests and montane coniferous forest) within the North 
Fork of the San Jacinto River (including Dark Canyon), Hall Canyon, and 
Fuller Mill Creek and other perennial water streams in the San Jacinto 
Mountains; Objective 4: Surveys for this species will be conducted as 
part of the project review process for public and private projects 
within the amphibian species survey area where suitable habitat is 
present (see Amphibian Species Survey Area Map, Figure 6-3 of the 
MSHCP, Volume I). Mountain yellow-legged frog localities identified as 
a result of survey efforts shall be conserved in accordance with 
procedures described within Section 6.3.2, MSHCP, Volume 1; Objective 
5: Within the MSHCP Conservation Area, Reserve Managers shall maintain 
or, if feasible, restore ecological processes (with particular emphasis 
on removing non-native predatory fish and bullfrogs) within

[[Page 54124]]

occupied habitat and suitable new areas within the Criteria Area. At a 
minimum, these areas will include areas above 1,214 ft (370 m) at the 
North Fork of the San Jacinto River (including Dark Canyon), Fuller 
Mill Creek, and Hall Canyon above Lake Fulmor; and Objective 6: Within 
the MSHCP Conservation Area, maintain successful reproduction as 
measured by the presence/absence of tadpoles, egg masses, or juvenile 
frogs once a year for the first five years after permit issuance and 
then as determined by the Reserve Management Oversight Committee as 
described in Section 6.6 (but not less frequently than every 8 years).
    In the MSHCP, the mountain yellow-legged frog is considered an 
Additional Survey Needs and Procedures species. Until such time that 
the Additional Reserve Lands are assembled and conservation objectives 
for this species are met, surveys for the mountain yellow-legged frog 
will be conducted as part of the project review process for public and 
private projects where suitable habitat is present for the species 
within the ``Mountain Yellow-legged Frog Amphibian Survey Area'' 
(referred to here as Survey Area). Populations detected as a result of 
survey efforts will be avoided according to the procedures outlined in 
the Additional Survey Needs and Procedures (Section 6.3.2 of the Plan; 
i.e., 90 percent of portions of property with long-term conservation 
value will be avoided until the species conservation objectives are 
met). For those locations found to contain large numbers of individuals 
or otherwise determined to be important to the overall conservation of 
the species, the Plan allows flexibility to acquire these locations for 
inclusion into the Additional Reserve Lands (Section 6, pp. 6-70). In 
addition, we anticipate that implementation of the Riparian/Riverine 
Areas and Vernal Pools policy (Chapter 6) will assist in providing some 
protection to this species' habitat by avoiding and/or minimizing 
direct impacts to riparian, riverine, and vernal pool habitats.
    The Permittees will implement management and monitoring practices 
within the Additional Reserve Lands including surveys for the mountain 
yellow-legged frog. Cooperative management and monitoring are 
anticipated on PQP Lands. Within the MSHCP Conservation Area, Reserve 
Managers will determine if successful reproduction is occurring as 
measured by the presence/absence of tadpoles, egg masses, or juvenile 
frogs once a year for the first five years after permit issuance, and 
then as determined by the Reserve Managers Oversight Committee, but not 
less frequently than every eight years. Surveys for the mountain 
yellow-legged frog will be conducted at least every eight years to 
verify occupancy at a minimum of 75 percent of the known locations. If 
a decline in the distribution of the mountain yellow-legged frog is 
documented below this threshold, management measures will be triggered, 
as appropriate, to meet the species-specific objectives identified in 
Section 9, Table 9.2 of the MSHCP. Other management activities listed 
in Section 5 will be conducted to benefit the mountain yellow-legged 
frog within the MSHCP Conservation Area. Within occupied habitat and 
suitable new areas, Reserve Managers will maintain ecological and 
hydrological processes, with particular emphasis on removing non-native 
predatory fish and bullfrogs. At a minimum, these areas will include 
areas above 1,214 ft (370 m) at the North Fork of the San Jacinto River 
(including Dark Canyon), Fuller Mill Creek, and Hall Canyon above Lake 
Fulmor (Section 5, Table 5.2 of the MSHCP).
    As previously stated, all essential habitat will be conserved and 
managed with implementation of the Western Riverside County MSHCP. 
Consistent with the MSHCP, development could occur in up to an 
estimated 8,094 ac (3,275 ha) (26 percent) of MSHCP modeled mountain 
yellow-legged frog habitat. This habitat may have been historically 
occupied and may be impacted by urban development, water diversion/
flood control projects, fill of aquatic habitat, construction projects, 
sand and gravel mining practices, recreation, and other urban and 
agricultural activities. In our biological opinion we did not 
anticipate that any individual frogs would be taken as a result of 
permit issuance, and should frogs be located during required surveys in 
the Survey Area, 90 percent of those portions of the property that 
provide long-term conservation will be avoided until it is demonstrated 
that conservation goals for the mountain yellow-legged frog are met.
(1) Benefits of Inclusion
    A benefit of including an area within a critical habitat 
designation is the education of landowners and the public regarding the 
potential conservation value of these areas. The inclusion of an area 
as 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 educational benefit 
has largely been achieved for the mountain yellow-legged frog. The 
public outreach and environmental impact reviews required under the 
National Environmental Policy Act for the Western Riverside County 
MSHCP provided significant opportunities for public education regarding 
the conservation of the areas occupied by the mountain yellow-legged 
frog DPS. The Western Riverside County MSHCP identifies specific 
populations (Fuller Mill Creek and Dark Canyon) of the mountain yellow-
legged frog for conservation. Therefore, we believe the education 
benefits which might arise from a critical habitat designation have 
largely already been generated as a result of the significant outreach 
for the Western Riverside County MSHCP. The County of Riverside 
Regional Parks and Open Space District and the James San Jacinto 
Mountains Reserve are aware of the conservation value of their lands 
for the mountain yellow-legged frog and designation of these lands as 
critical habitat would not provide an additional education benefit to 
these landowners. The USFS has acquired private lands along Fuller Mill 
Creek for the conservation of the mountain yellow-legged frog. 
Moreover, in our final listing rule (67 FR 44382) we noted that the 
mountain yellow-legged frog occurs on private lands along Fuller Mill 
Creek. Private landowners along Fuller Mill Creek may also already 
recognize the conservation value of their lands for the mountain 
yellow-legged frog based on the outreach resulting from the Western 
Riverside County MSHCP, land acquisition efforts by the USFS, and 
identification of these private lands in the listing rule for the 
mountain yellow-legged frog.
    Another benefit of including an area within a critical habitat 
designation is the protection provided by section 7(a)(2) of the Act 
that directs Federal agencies to ensure that their actions do not 
result in the destruction or adverse modification of critical habitat. 
The designation of critical habitat may provide a different level of 
protection under section 7(a)(2) of the Act for the mountain yellow-
legged frog that is separate from the obligation of a Federal agency to 
ensure that their actions are not likely to jeopardize the continued 
existence of the endangered species. Under the Gifford Pinchot 
decision, critical habitat designations may provide greater benefits to 
the recovery of a species than was previously believed, but it is not 
possible to quantify this benefit at present. However, the protection 
provided is still a limitation on the harm that occurs as opposed to a 
requirement to provide a conservation benefit. We completed a section 7 
consultation on the issuance of

[[Page 54125]]

the section 10(a)(1)(B) permit for the Western Riverside County MSHCP 
on June 22, 2004, and concluded that the mountain yellow-legged frog 
was adequately conserved and the issuance of the permit would not 
jeopardize the continued existence of this DPS. In our biological 
opinion, we anticipated that up to 8,094 acres of mountain-yellow 
legged frog habitat within the Plan Area would become unsuitable for 
this species. Based on implementation of the survey requirements and 
various policies of the Western Riverside County MSHCP, we anticipate 
that zero mountain yellow-legged frogs will be taken as a result of the 
issuance of the section 10(a)(1)(B) permit.
    The areas excluded as critical habitat are currently occupied by 
the species. If these areas were designated as critical habitat, any 
actions with a Federal nexus which might adversely affect the critical 
habitat would require a consultation with us, as explained previously, 
in Effects of Critical Habitat Designation section. However, inasmuch 
as this area is currently occupied by the species, consultation for 
Federal activities which might adversely impact the species or would 
result in take would be required even without the critical habitat 
designation.
    Primary constituent elements in these areas would be protected from 
destruction or adverse modification by federal actions using a 
conservation standard based on the Ninth Circuit Court's decision in 
Gifford Pinchot. This requirement would be in addition to the 
requirement that proposed Federal actions avoid likely jeopardy to the 
species' continued existence. However, inasmuch as nine of the fourteen 
subunits are occupied by the mountain yellow-legged frog, consultation 
for activities which may adversely affect the species, including 
possibly significant habitat modification (see definition of ``harm'' 
at 50 CFR 17.3), would be required, even without the critical habitat 
designation. The requirement to conduct such consultation would occur 
regardless of whether the authorization for incidental take occurs 
under either section 7 or section 10 of the Act.
    For the subunits that are not known to be occupied, there is still 
a requirement for a Federal agency to make an effect determination, and 
in the case of an effect, ensure that their Federal actions are not 
likely to jeopardize the continued existence of the species. For those 
subunits that are not known to be occupied, the designation of critical 
habitat would provide a benefit by clearly indicating to Federal action 
agencies the need to consider the effects of their proposed activity on 
designated critical habitat and not just on the presence or absence of 
the mountain yellow-legged frog. In the case of subunits not known to 
be occupied that have been identified in this rule as providing for the 
long-term persistence and recovery of the species, the Service would 
evaluate the proposed Federal action using a conservation standard 
based on the Ninth Circuit Court's decision in Gifford Pinchot. 
However, the 487 ac (197 ha) of non-Federal lands excluded from 
critical habitat are occupied by the mountain yellow-legged frog. None 
of the lands within the subunits that are not known to be occupied are 
excluded from critical habitat pursuant to section 4(b)(2) of the Act. 
This particular point is significant because, as we note earlier in the 
rule, where critical habitat is designated in unoccupied areas, it 
provides a benefit to the species.
    The inclusion of these 487 ac (197 ha) of non-Federal land as 
critical habitat would provide some additional Federal regulatory 
benefits for the species consistent with the conservation standard 
based on the Ninth Circuit Court's decision in Gifford Pinchot. A 
benefit of inclusion would be the requirement of a Federal agency to 
ensure that their actions on these non-Federal lands do not likely 
result in jeopardizing the continued existence of the species or result 
in the destruction or adverse modification of critical habitat. This 
additional analysis to determine destruction or adverse modification of 
critical habitat is likely to be small because the lands are not under 
Federal ownership and any Federal agency proposing a Federal action on 
these 487 ac (197 ha) of non-Federal lands would likely consider the 
conservation value of these lands as identified in the Western 
Riverside County MSHCP and take the necessary steps to avoid jeopardy 
or the destruction or adverse modification of critical habitat.
    As discussed below, however, we believe that designating any non-
Federal lands within existing PQP lands, proposed conceptual reserve 
design lands, and on lands targeted for conservation within the Western 
Riverside County MSCHP Plan Area as critical habitat would provide 
little additional educational and Federal regulatory benefits for the 
species. Because the excluded areas are occupied by the species, there 
must be consultation with the Service over any action which may affect 
these populations or that would result in take. The additional 
educational benefits that might arise from critical habitat designation 
have been largely accomplished through the public review and comment of 
the environmental impact documents which accompanied the development of 
the Western Riverside County MSHCP and the recognition by some of the 
landowners of the presence of the endangered mountain yellow-legged 
frog and the value of their lands for the conservation and recovery of 
the species (County of Riverside Regional Parks and Open Space 
District, California Department of Parks and Recreation, and University 
of California at the James San Jacinto Mountains Reserve.
    For 30 years prior to the Ninth Circuit Court's decision in Gifford 
Pinchot, the Fish and Wildlife Service equated the jeopardy standard 
with the standard for destruction or adverse modification of critical 
habitat. However, in Gifford Pinchot the court noted the government, by 
simply considering the action's survival consequences, was reading the 
concept of recovery out of the regulation. The court, relying on the 
CFR definition of adverse modification, required the Service to 
determine whether recovery was adversely affected. The Gifford Pinchot 
decision arguably made it easier to reach an ``adverse modification'' 
finding by reducing the harm, affecting recovery, rather than the 
survival of the species. However, there is an important distinction: 
section 7(a)(2) limits harm to the species either through take or 
critical habitat. It does not require positive improvements or 
enhancement of the species status. Thus, any management plan which 
considers enhancement or recovery as the management standard will 
always provide more benefit than the critical habitat designation.
(2) Benefits of Exclusion
    The benefit of excluding the 487 ac (197 ha) of non-Federal land as 
critical habitat includes relieving private landowners, County of 
Riverside, California Department of Parks and Recreation, University of 
California, and Federal agencies from any additional regulatory burden 
that might be imposed by a critical habitat designation consistent with 
the conservation standard based on the Ninth Circuit Court's decision 
in Gifford Pinchot. The County of Riverside and the other local 
jurisdictions invested a significant amount of time and money to 
complete the Western Riverside County MSHCP with the expectation that 
the permitting for future development projects would be streamlined. A 
benefit of excluding these 487 ac (197 ha) would be to reduce any 
additional regulatory burden

[[Page 54126]]

(e.g., time and cost to comply with the reinitiation which could be 
triggered by the designation of critical habitat) or avoid the negative 
perception of increased regulation resulting from the designation of 
critical habitat for the mountain yellow-legged frog. Another benefit 
from excluding these lands is to maintain the partnerships developed 
among private landowners, County of Riverside, State of California, and 
the Service to implement the Western Riverside County MSHCP. Instead of 
using limited funds to comply with administrative consultation and 
designation requirements which can not provide protection beyond what 
is currently in place, the landowners within the 487 acres (197 ha) of 
land excluded from critical habitat could instead use their limited 
funds for the conservation of this species.
(3) Benefits of Exclusion Outweigh the Benefits of Inclusion
    We have reviewed and evaluated excluding critical habitat from 
approximately 487 ac (197 ha) of non-Federal lands within existing PQP 
lands, proposed conceptual reserve design lands, and lands targeted for 
conservation within the Western Riverside County MSHCP for the mountain 
yellow-legged frog. Based on this evaluation, we find that the benefits 
of exclusion (avoid increased regulatory costs which could result from 
including those lands in this designation of critical habitat and 
direct limited funding to conservation actions with partners) of the 
lands containing features essential to the conservation of the mountain 
yellow-legged frog within the Western Riverside County MSHCP outweigh 
the benefits of inclusion (limited educational and regulatory benefits, 
which are largely otherwise provided for under the MSHCP) of portions 
of subunits 3A and 3B within the San Jacinto Mountains Unit as critical 
habitat. The benefits of inclusion of these 487 ac (197 ha) of non-
Federal lands as critical habitat are lessened because of the 
significant level of conservation provided to the mountain yellow-
legged frog under the Western Riverside MSHCP (conservation of core 
biological areas, avoidance of impacts through additional survey 
requirements, and management that likely exceed any conservation value 
provided by a critical habitat designation). In contrast, the benefits 
of exclusion of these 487 ac (197 ha) of non-Federal lands as critical 
habitat are increased because of the high level of cooperation by the 
County of Riverside and State of California to conserve this species 
and this partnership exceeds any conservation value provided by a 
critical habitat designation. The Western Riverside County MSHCP will 
conserve all essential habitat, thereby providing equivalent protection 
to the PCEs as a critical habitat designation to identified essential 
habitat. In addition to conserving all essential habitat, the Western 
Riverside County MSHCP also provides for the management of all 
essential habitat and species-specific conservation objectives for all 
modeled mountain yellow-legged frog habitat within the Plan Area, 
therefore the Western Riverside County MSHCP provides more benefit than 
critical habitat designation.
(4) Exclusion Will Not Result in Extinction of the Species
    We believe that exclusion of these non-Federal lands within 
portions of Subunits A and B of the San Jacinto Mountains Unit will not 
result in extinction of the mountain yellow-legged frog since these 
lands will be conserved and managed for the benefit of this species 
pursuant to the Western Riverside County MSHCP. The Western Riverside 
MSHCP includes specific conservation objectives, survey requirements, 
avoidance and minimization measures, and management for the mountain 
yellow-legged frog that exceed any conservation value provided as a 
result of a critical habitat designation. Moreover, the 487 ac (197 ha) 
represents approximately four percent of the 8,290 ac (3,355 ha) of 
land proposed as critical habitat in this rule. While the populations 
in Fuller Mill Creek and Hall Canyon are important to the overall 
conservation of the species, the exclusion of portions of these 
populations will not result in the extinction of the species since the 
populations in the San Gabriel Mountains and San Bernardino are still 
proposed as critical habitat. In fact, the populations in the San 
Gabriel Mountains are larger than the populations at Fuller Mill Creek 
and Dark Canyon in the San Jacinto Mountains Unit.
    The jeopardy standard of section 7 and routine implementation of 
habitat conservation through the section 7 process, also provide 
assurances that the species will not go extinct. In addition, the 
species is 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 designated as critical habitat.
    Critical habitat is being designated for the mountain yellow-legged 
frog in other areas that will be accorded the protection from adverse 
modification by federal actions using the conservation standard based 
on the Ninth Circuit Court's decision in Gifford Pinchot. Additionally, 
the species occurs on lands protected and managed either explicitly for 
the species, or indirectly through more general objectives to protect 
natural values, this factor acting in concert with the other 
protections provided under the Act for these lands absent designation 
of critical habitat on them, and acting in concert with protections 
afforded each species by the remaining critical habitat designation for 
the species, lead us to find that exclusion of these 487 ac (197 ha) 
within the Western Riverside County MSHCP will not result in extinction 
of the mountain yellow-legged frog.

Economic Analysis

    An analysis of the economic impacts of proposing critical habitat 
for the mountain yellow-legged frog is being prepared. We will announce 
the availability of the draft economic analysis as soon as it is 
completed, at which time we will seek public review and comment. At 
that time, copies of the draft economic analysis will be available for 
downloading from the Internet at http://carlsbad.fws.gov, or by 
contacting the Carlsbad Fish and Wildlife Office directly (see 
ADDRESSES section).

Peer Review

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

Public Hearings

    The Act provides for one or more public hearings on this proposal, 
if requested. Requests for public hearings must be made in writing at 
least 15 days prior to the close of the public comment period. We will 
schedule public

[[Page 54127]]

hearings on this proposal, if any are requested, and announce the 
dates, times, and places of those hearings in the Federal Register and 
local newspapers at least 15 days prior to the first hearing.

Clarity of the Rule

    Executive Order 12866 requires each agency to write regulations and 
notices that are easy to understand. We invite your comments on how to 
make this proposed 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 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#87c2fff4e2e4c7eee8f4a9e3e8eea9e0e8f1"><span class="__cf_email__" data-cfemail="e5a09d968086a58c8a96cb818a8ccb828a93">[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, and Executive Order 12630.
    Within these areas, the types of Federal actions or authorized 
activities that we have identified as potential concerns are listed 
above in the section on Section 7 Consultation. The availability of the 
draft economic analysis will be announced in the Federal Register and 
in local newspapers so that it is available for public review and 
comments. The draft economic analysis can be obtained from the Internet 
Web site at http://carlsbad.fws.gov or by contacting the Carlsbad Fish 
and Wildlife Office directly (see ADDRESSES section).

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

    Our assessment of economic effect will be completed prior to final 
rulemaking based upon review of the draft economic analysis prepared 
pursuant to section 4(b)(2) of the ESA and E.O. 12866. This analysis is 
for the purposes of compliance with the Regulatory Flexibility Act and 
does not reflect our position on the type of economic analysis required 
by New Mexico Cattle Growers Assn. v. U.S. Fish & Wildlife Service 248 
F.3d 1277 (10th Cir. 2001).
    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as 
amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), whenever an agency is required to publish a notice 
of rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effects of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
the agency certifies the rule will not have a significant economic 
impact on a substantial number of small entities. The SBREFA amended 
the Regulatory Flexibility Act (RFA) to require Federal agencies to 
provide a statement of the factual basis for certifying that the rule 
will not have a significant economic impact on a substantial number of 
small entities.
    At this time, the Service lacks the available economic information 
necessary to provide an adequate factual basis for the required RFA 
finding. Therefore, the RFA finding is deferred until completion of the 
draft economic analysis prepared pursuant to section 4(b)(2) of the ESA 
and E.O. 12866. This draft economic analysis will provide the required 
factual basis for the RFA finding. Upon completion of the draft 
economic analysis, the Service will publish a notice of availability of 
the draft economic analysis of the proposed designation and reopen the 
public comment period for the proposed designation for an additional 60 
days. The Service will include with the notice of availability, as 
appropriate, an initial regulatory flexibility analysis or a 
certification that the rule will not have a significant economic impact 
on a substantial number of small entities accompanied by the factual 
basis for that determination. The Service has concluded that deferring 
the RFA finding until completion of the draft economic analysis is 
necessary to meet the purposes and requirements of the RFA. Deferring 
the RFA finding in this manner will ensure that the Service makes a 
sufficiently informed determination based on adequate economic 
information and provides the necessary opportunity for public comment.

Executive Order 13211

    On May 18, 2001, the President issued an Executive Order (E.O. 
13211) on regulations that significantly affect energy supply, 
distribution, and use. Executive Order 13211 requires agencies to 
prepare Statements of Energy Effects when undertaking certain actions. 
This proposed rule to designate critical habitat for the mountain 
yellow-legged frog is not a significant regulatory action under 
Executive Order 12866, and it is not expected to significantly affect 
energy supplies, distribution, or use. Therefore, this action is not a 
significant energy action and no Statement of Energy Effects is 
required.

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

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 
1501), the Service makes the following findings:
    (a) This rule will not produce a Federal mandate. In general, a 
Federal mandate is a provision in legislation, statute or regulation 
that would impose an enforceable duty upon State, local, tribal 
governments, or the private sector and includes both ``Federal 
intergovernmental mandates'' and ``Federal private sector mandates.'' 
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal 
intergovernmental mandate'' includes a regulation that ``would impose 
an enforceable duty upon State, local, or tribal governments'' with two 
exceptions. It excludes ``a condition of Federal assistance.'' It also 
excludes ``a duty arising from participation in a voluntary Federal 
program,'' unless the regulation ``relates to a then-existing Federal 
program under which $500,000,000 or more is provided annually to State, 
local, and tribal governments under entitlement authority,'' if the 
provision would ``increase the stringency of conditions of assistance'' 
or ``place caps upon, or otherwise decrease, the Federal Government's 
responsibility to provide

[[Page 54128]]

funding,'' and the State, local, or tribal governments ``lack 
authority'' to adjust accordingly. At the time of enactment, these 
entitlement programs were: Medicaid; AFDC work programs; Child 
Nutrition; Food Stamps; Social Services Block Grants; Vocational 
Rehabilitation State Grants; Foster Care, Adoption Assistance, and 
Independent Living; Family Support Welfare Services; and Child Support 
Enforcement. ``Federal private sector mandate'' includes a regulation 
that ``would impose an enforceable duty upon the private sector, except 
(i) a condition of Federal assistance or (ii) a duty arising from 
participation in a voluntary Federal program.''
    The designation of critical habitat does not impose a legally 
binding duty on non-Federal government entities or private parties. 
Under the Act, the only regulatory effect is that Federal agencies must 
ensure that their actions do not destroy or adversely modify critical 
habitat under section 7. While non-Federal entities that receive 
Federal funding, assistance, or permits, or that otherwise require 
approval or authorization from a Federal agency for an action, may be 
indirectly impacted by the designation of critical habitat, the legally 
binding duty to avoid destruction or adverse modification of critical 
habitat rests squarely on the Federal agency. Furthermore, to the 
extent that non-Federal entities are indirectly impacted because they 
receive Federal assistance or participate in a voluntary Federal aid 
program, the Unfunded Mandates Reform Act would not apply; nor would 
critical habitat shift the costs of the large entitlement programs 
listed above on to State governments.
    (b) We do not believe that this rule will significantly or uniquely 
affect small governments because the lands proposed for designation as 
critical habitat are on Federal lands within the Cleveland National 
Forest. As such, Small Government Agency Plan is not required. We will, 
however, further evaluate this issue as we conduct our economic 
analysis and revise this assessment if appropriate.

Federalism

    In accordance with Executive Order 13132, the rule does not have 
significant Federalism effects. A Federalism assessment is not 
required. In keeping with DOI and Department of Commerce policy, we 
requested information from, and coordinated development of, this 
proposed critical habitat designation with appropriate State resource 
agencies in California. The designation of critical habitat in areas 
currently occupied by the mountain yellow-legged frog 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 features essential to the conservation 
of the species are more clearly defined, and the primary constituent 
elements of the habitat necessary to the survival of the species are 
specifically identified. While making this definition and 
identification does not alter where and what federally sponsored 
activities may occur, it may assist these local governments in long-
range planning (rather than waiting for case-by-case section 7 
consultations to occur).

Civil Justice Reform

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that the rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order. We have proposed designating critical habitat in 
accordance with the provisions of the Endangered Species Act. This 
proposed rule uses standard property descriptions and identifies the 
primary constituent elements within the designated areas to assist the 
public in understanding the habitat needs of the mountain yellow-legged 
frog.

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

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

National Environmental Policy Act

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

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and the Department 
of Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
Tribes on a government-to-government basis. We have determined that 
there are no tribal lands that contain habitat with features essential 
for the conservation of the southern California of the mountain yellow-
legged frog. Therefore, no tribal lands have been included in the areas 
proposed as critical habitat for this population segment.

References Cited

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

Author(s)

    The primary author of this package is the Carlsbad 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.  17.11(h), revise the entry for ``frog, mountain yellow-
legged'' under ``AMPHIBIANS'' to read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

[[Page 54129]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                         Species                                                     Vertebrate
---------------------------------------------------------                         population where                                    Critical   Special
                                                             Historic range         endangered or          Status      When listed    habitat      rules
            Common name                Scientific name                               threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
            AMPHIBIANS
 
                                                                      * * * * * * *
Frog, mountain yellow-legged        Rana muscosa........  U.S.A. (California,   U.S.A., southern      E                        728     17.95(d)    NA
 (southern California DPS).                                Nevada).              California.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3. In Sec.  17.95(d), add an entry for ``Mountain yellow-legged 
frog'' under ``AMPHIBIANS'' in the same order as this species appears 
in the List of Endangered and Threatened Wildlife in Sec.  17.11(h) to 
read as follows:


Sec.  17.95  Critical habitat--fish and wildlife.

* * * * *
    (d) Amphibians.
* * * * *
MOUNTAIN YELLOW-LEGGED FROG (Rana muscosa)
    (1) Critical habitat units are depicted for Los Angeles, San 
Bernardino, and Riverside counties, California, on the maps below.
    (2) The primary constituent elements of critical habitat for the 
mountain yellow-legged frog are the habitat components that provide:
    (i) Water source(s) found between 1,214 ft (370 m) to 7,546 ft 
(2,300 m) in elevation that are permanent, to ensure that aquatic 
habitat for the species is available year-round. Water sources include, 
but are not limited to streams, rivers, perennial creeks (or permanent 
plunge pools within intermittent creeks), pools (i.e., a body of 
impounded water that is contained above a natural dam) and other forms 
of aquatic habitat. The water source should maintain a natural flow 
pattern including periodic natural flooding. Aquatic habitats that are 
used by mountain yellow-legged frog for breeding purposes must maintain 
water during the entire tadpole growth phase (which can be from 1-4 
years duration). During periods of drought, or less than average 
rainfall, these breeding sites may not hold water long enough for 
individuals to complete metamorphosis, but they would still be 
considered essential breeding habitat in wetter years. Further, the 
aquatic habitat should include:
    a. Bank and pool substrates consisting of varying percentages of 
soil or silt, sand, gravel cobble, rock, and boulders;
    b. Water chemistry with a pH generally 6.6 to 9, dissolved oxygen 
varying from 23 to 28 percent and water temperatures during summer 
(June through August) ranging between 4.0 and 30.3 degrees Celsius;
    c. Streams or stream reaches between known occupied sites that can 
function as corridors for adults and frogs for movement between aquatic 
habitats used as breeding and/or foraging sites.
    (ii) Riparian habitat and upland vegetation (e.g., ponderosa pine, 
montane hardwood-conifer, montane riparian woodlands, and chaparral) 
extending 262 feet (80 m) from each side of the centerline of each 
identified stream and its tributaries, that provides areas for feeding 
and movement of mountain yellow-legged frog, with a canopy overstory 
not exceeding 85 percent that allows sunlight to reach the stream and 
thereby providing basking areas for the species.
    (3) Critical Habitat Map Units--Data layers defining map units were 
created on a base of USGS 7.5' quadrangles, and critical habitat units 
were then mapped using Universal Transverse Mercator (UTM) coordinates.


    (4) Note: Map 1 (index map of critical habitat units for the 
southern California distinct population segment of the mountain 
yellow-legged frog) follows:


BILLING CODE 4310-55-P

[[Page 54130]]

[GRAPHIC] [TIFF OMITTED] TP13SE05.000

BILLING CODE 4310-55-C

[[Page 54131]]

    (5) Unit 1: San Gabriel Mountains, Los Angeles and San Bernardino 
Counties, California. From USGS 1:24,000 quadrangle maps Crystal Lake, 
Cucamonga Peak, Mount San Antonio Valyermo, and Waterman Mountain, 
California.
    (i) Subunit 1A: San Gabriel River (East Fork), Angeles National 
Forest, Los Angeles County, California. Land bounded by the following 
Universal Transverse Mercator (UTM) North American Datum of 1927 
(NAD27) coordinates (E, N): 434100, 3803300; 434400, 3803300; 434400, 
3803100; 434300, 3803100; 434300, 3802900; 434200, 3802900; 434200, 
3802800; 434100, 3802800; 434100, 3802600; 434000, 3802600; 434000, 
3802500; 433800, 3802500; 433800, 3802200; 433700, 3802200; 433700, 
3801900; 433600, 3801900; 433600, 3801800; 433800, 3801800; 433800, 
3801900; 434200, 3801900; 434200, 3802000; 434400, 3802000; 434400, 
3802100; 434500, 3802100; 434500, 3802300; 434600, 3802300; 434600, 
3802500; 434700, 3802500; 434700, 3802800; 434800, 3802800; 434800, 
3802900; 434900, 3802900; 434900, 3803000; 435100, 3803000; 435100, 
3802700; 435000, 3802700; 435000, 3802600; 434900, 3802600; 434900, 
3802200; 434800, 3802200; 434800, 3802100; 434700, 3802100; 434700, 
3801900; 434600, 3801900; 434600, 3801800; 434400, 3801800; 434400, 
3801700; 434000, 3801700; 434000, 3801600; 433400, 3801600; 433400, 
3801500; 433300, 3801500; 433300, 3801400; 433400, 3801400; 433400, 
3801300; 433500, 3801300; 433500, 3800400; 433900, 3800400; 433900, 
3800500; 434000, 3800500; 434000, 3800600; 434200, 3800600; 434200, 
3800500; 434300, 3800500; 434300, 3800600; 434500, 3800600; 434500, 
3800900; 434600, 3800900; 434600, 3801200; 434700, 3801200; 434700, 
3801500; 434800, 3801500; 434800, 3801600; 434900, 3801600; 434900, 
3801800; 435000, 3801800; 435000, 3801900; 435100, 3801900; 435100, 
3802000; 435200, 3802000; 435200, 3802100; 435300, 3802100; 435300, 
3802200; 435400, 3802200; 435400, 3802300; 435500, 3802300; 435500, 
3802400; 435800, 3802400; 435800, 3802200; 435700, 3802200; 435700, 
3802100; 435600, 3802100; 435600, 3802000; 435500, 3802000; 435500, 
3801900; 435400, 3801900; 435400, 3801800; 435300, 3801800; 435300, 
3801700; 435200, 3801700; 435200, 3801600; 435100, 3801600; 435100, 
3801500; 435000, 3801500; 435000, 3801100; 434900, 3801100; 434900, 
3800900; 435000, 3800900; 435000, 3800800; 435100, 3800800; 435100, 
3800700; 435200, 3800700; 435200, 3800400; 435500, 3800400; 435500, 
3800600; 435600, 3800600; 435600, 3800800; 435700, 3800800; 435700, 
3800900; 435900, 3800900; 435900, 3801200; 436000, 3801200; 436000, 
3801300; 436100, 3801300; 436100, 3801600; 436400, 3801600; 436400, 
3801700; 436800, 3801700; 436800, 3801400; 436300, 3801400; 436300, 
3801100; 436200, 3801100; 436200, 3801000; 436100, 3801000; 436100, 
3800900; 436200, 3800900; 436200, 3800700; 436100, 3800700; 436100, 
3800600; 435800, 3800600; 435800, 3800300; 435900, 3800300; 435900, 
3800200; 436100, 3800200; 436100, 3800100; 436300, 3800100; 436300, 
3800000; 436200, 3800000; 436200, 3799800; 436100, 3799800; 436100, 
3799900; 435900, 3799900; 435900, 3800000; 435800, 3800000; 435800, 
3800100; 435100, 3800100; 435100, 3800200; 435000, 3800200; 435000, 
3800300; 434900, 3800300; 434900, 3800600; 434800, 3800600; 434800, 
3800400; 434600, 3800400; 434600, 3800300; 434100, 3800300; 434100, 
3800100; 433200, 3800100; 433200, 3800000; 433300, 3800000; 433300, 
3799800; 433400, 3799800; 433400, 3799200; 433600, 3799200; 433600, 
3798800; 433500, 3798800; 433500, 3798700; 433400, 3798700; 433400, 
3798600; 433300, 3798600; 433300, 3798500; 433200, 3798500; 433200, 
3797600; 433100, 3797600; 433100, 3797400; 433000, 3797400; 433000, 
3797300; 432800, 3797300; 432800, 3797200; 432900, 3797200; 432900, 
3797000; 432800, 3797000; 432800, 3796400; 433000, 3796400; 433000, 
3796500; 433100, 3796500; 433100, 3796600; 433200, 3796600; 433200, 
3796700; 433400, 3796700; 433400, 3796600; 433600, 3796600; 433600, 
3796700; 433700, 3796700; 433700, 3796800; 433800, 3796800; 433800, 
3796900; 434200, 3796900; 434200, 3797000; 434500, 3797000; 434500, 
3796900; 434600, 3796900; 434600, 3796700; 434000, 3796700; 434000, 
3796500; 433800, 3796500; 433800, 3796400; 434000, 3796400; 434000, 
3796300; 434100, 3796300; 434100, 3796200; 434300, 3796200; 434300, 
3796100; 434400, 3796100; 434400, 3796000; 434600, 3796000; 434600, 
3795600; 434500, 3795600; 434500, 3795800; 434300, 3795800; 434300, 
3795900; 434100, 3795900; 434100, 3796000; 433900, 3796000; 433900, 
3796100; 433600, 3796100; 433600, 3796200; 433500, 3796200; 433500, 
3796300; 433200, 3796300; 433200, 3796200; 433000, 3796200; 433000, 
3796100; 432900, 3796100; 432900, 3796000; 432800, 3796000; 432800, 
3795900; 433000, 3795900; 433000, 3795800; 433200, 3795800; 433200, 
3795700; 433300, 3795700; 433300, 3795600; 433600, 3795600; 433600, 
3795500; 433800, 3795500; 433800, 3795400; 433900, 3795400; 433900, 
3795300; 434000, 3795300; 434000, 3795200; 434100, 3795200; 434100, 
3795100; 434200, 3795100; 434200, 3795000; 434100, 3795000; 434100, 
3794900; 434000, 3794900; 434000, 3795000; 433800, 3795000; 433800, 
3795100; 433700, 3795100; 433700, 3795200; 433600, 3795200; 433600, 
3795300; 433400, 3795300; 433400, 3795400; 433100, 3795400; 433100, 
3795500; 433000, 3795500; 433000, 3795600; 432800, 3795600; 432800, 
3795700; 432500, 3795700; 432500, 3795500; 432400, 3795500; 432400, 
3795400; 432500, 3795400; 432500, 3795300; 432700, 3795300; 432700, 
3795200; 432800, 3795200; 432800, 3795100; 433100, 3795100; 433100, 
3795000; 433200, 3795000; 433200, 3794800; 433400, 3794800; 433400, 
3794700; 433600, 3794700; 433600, 3794600; 433500, 3794600; 433500, 
3794400; 433400, 3794400; 433400, 3794500; 433200, 3794500; 433200, 
3794600; 433000, 3794600; 433000, 3794800; 432900, 3794800; 432900, 
3794900; 432600, 3794900; 432600, 3795000; 432500, 3795000; 432500, 
3795100; 432300, 3795100; 432300, 3795200; 432000, 3795200; 432000, 
3795100; 432100, 3795100; 432100, 3795000; 432000, 3795000; 432000, 
3794900; 431900, 3794900; 431900, 3794800; 431800, 3794800; 431800, 
3794500; 431600, 3794500; 431600, 3794400; 431500, 3794400; 431500, 
3794100; 431600, 3794100; 431600, 3794000; 431700, 3794000; 431700, 
3793600; 431600, 3793600; 431600, 3793400; 431400, 3793400; 431400, 
3793900; 431300, 3793900; 431300, 3794600; 431400, 3794600; 431400, 
3794700; 431500, 3794700; 431500, 3795000; 431600, 3795000; 431600, 
3795300; 431100, 3795300; 431100, 3795100; 430600, 3795100; 430600, 
3795200; 430200, 3795200; 430200, 3795400; 430100, 3795400; 430100, 
3795500; 430200, 3795500; 430200, 3795600; 430400, 3795600; 430400, 
3795500; 430700, 3795500; 430700, 3795400; 430800, 3795400; 430800, 
3795300; 430900, 3795300; 430900, 3795600; 431100, 3795600; 431100, 
3795900; 431000, 3795900; 431000, 3796600; 431100, 3796600; 431100, 
3796900; 431000, 3796900; 431000, 3797000; 431100, 3797000; 431100, 
3797200; 431200, 3797200; 431200, 3797000; 431300, 3797000; 431300, 
3796500; 431200, 3796500; 431200, 3796100;

[[Page 54132]]

431300, 3796100; 431300, 3795700; 431400, 3795700; 431400, 3795600; 
431600, 3795600; 431600, 3795500; 431800, 3795500; 431800, 3795300; 
431900, 3795300; 431900, 3795400; 432000, 3795400; 432000, 3795500; 
432100, 3795500; 432100, 3795600; 432200, 3795600; 432200, 3795700; 
432300, 3795700; 432300, 3796000; 432500, 3796000; 432500, 3796100; 
432400, 3796100; 432400, 3796300; 432500, 3796300; 432500, 3796400; 
432600, 3796400; 432600, 3796600; 432500, 3796600; 432500, 3796900; 
432600, 3796900; 432600, 3797100; 432500, 3797100; 432500, 3797400; 
432600, 3797400; 432600, 3797500; 432800, 3797500; 432800, 3797700; 
432700, 3797700; 432700, 3797800; 432300, 3797800; 432300, 3797900; 
432200, 3797900; 432200, 3798000; 432100, 3798000; 432100, 3798100; 
432000, 3798100; 432000, 3798200; 431700, 3798200; 431700, 3798300; 
431600, 3798300; 431600, 3798400; 431400, 3798400; 431400, 3798500; 
431300, 3798500; 431300, 3798600; 431200, 3798600; 431200, 3798900; 
431400, 3798900; 431400, 3798800; 431500, 3798800; 431500, 3798700; 
431600, 3798700; 431600, 3798600; 431800, 3798600; 431800, 3798500; 
431900, 3798500; 431900, 3798400; 432100, 3798400; 432100, 3798300; 
432200, 3798300; 432200, 3798200; 432300, 3798200; 432300, 3798100; 
432400, 3798100; 432400, 3798000; 432800, 3798000; 432800, 3797900; 
432900, 3797900; 432900, 3798200; 433000, 3798200; 433000, 3798700; 
433100, 3798700; 433100, 3798900; 433300, 3798900; 433300, 3799100; 
433200, 3799100; 433200, 3799300; 433100, 3799300; 433100, 3799900; 
432900, 3799900; 432900, 3800300; 433000, 3800300; 433000, 3800400; 
432900, 3800400; 432900, 3800500; 432600, 3800500; 432600, 3800600; 
432400, 3800600; 432400, 3800700; 432200, 3800700; 432200, 3800800; 
431600, 3800800; 431600, 3801000; 431700, 3801000; 431700, 3801100; 
432000, 3801100; 432000, 3801000; 432400, 3801000; 432400, 3800900; 
432600, 3800900; 432600, 3800800; 432700, 3800800; 432700, 3800700; 
433100, 3800700; 433100, 3800600; 433200, 3800600; 433200, 3800800; 
433300, 3800800; 433300, 3801200; 433100, 3801200; 433100, 3801300; 
433000, 3801300; 433000, 3801600; 433100, 3801600; 433100, 3802000; 
433000, 3802000; 433000, 3802100; 432800, 3802100; 432800, 3802200; 
432600, 3802200; 432600, 3802300; 432400, 3802300; 432400, 3802400; 
432200, 3802400; 432200, 3802500; 431900, 3802500; 431900, 3802700; 
432200, 3802700; 432200, 3803000; 432400, 3803000; 432400, 3802900; 
432500, 3802900; 432500, 3802800; 432600, 3802800; 432600, 3802700; 
432700, 3802700; 432700, 3802500; 432800, 3802500; 432800, 3802400; 
433000, 3802400; 433000, 3802300; 433200, 3802300; 433200, 3802100; 
433300, 3802100; 433300, 3802000; 433400, 3802000; 433400, 3802100; 
433500, 3802100; 433500, 3802500; 433600, 3802500; 433600, 3802700; 
433800, 3802700; 433800, 3802800; 433900, 3802800; 433900, 3802900; 
434000, 3802900; 434000, 3803100; 434100, 3803100; returning to 434100, 
3803300.
    (ii) Map depicting subunit 1A is found at paragraph (d)(10)(ii) of 
this section.
    (6) Subunit 1B: Big Rock Creek (South Fork), Angeles National 
Forest, Los Angeles County, California.
    (i) Subunit 1B: Big Rock Creek (South Fork). Land bounded by the 
following UTM NAD27 coordinates (E, N): 424400, 3805700; 424600, 
3805700; 424600, 3805400; 424500, 3805400; 424500, 3805300; 424300, 
3805300; 424300, 3805200; 424400, 3805200; 424400, 3805000; 424300, 
3805000; 424300, 3804900; 424100, 3804900; 424100, 3804800; 424000, 
3804800; 424000, 3804700; 423900, 3804700; 423900, 3804500; 423800, 
3804500; 423800, 3804400; 423700, 3804400; 423700, 3804300; 424000, 
3804300; 424000, 3804100; 424100, 3804100; 424100, 3804000; 424200, 
3804000; 424200, 3803900; 424300, 3803900; 424300, 3803800; 425200, 
3803800; 425200, 3803700; 425700, 3803700; 425700, 3803400; 425400, 
3803400; 425400, 3803500; 424400, 3803500; 424400, 3803000; 424500, 
3803000; 424500, 3802900; 425100, 3802900; 425100, 3802800; 425300, 
3802800; 425300, 3802600; 424500, 3802600; 424500, 3802700; 424300, 
3802700; 424300, 3802800; 424200, 3802800; 424200, 3803000; 424100, 
3803000; 424100, 3803700; 423900, 3803700; 423900, 3803800; 423800, 
3803800; 423800, 3804000; 423700, 3804000; 423700, 3803700; 423500, 
3803700; 423500, 3803600; 423400, 3803600; 423400, 3803400; 423300, 
3803400; 423300, 3803200; 423500, 3803200; 423500, 3803000; 423600, 
3803000; 423600, 3802600; 423700, 3802600; 423700, 3802500; 423800, 
3802500; 423800, 3802400; 424000, 3802400; 424000, 3802300; 423500, 
3802300; 423500, 3802400; 423400, 3802400; 423400, 3802800; 423300, 
3802800; 423300, 3802900; 423200, 3802900; 423200, 3803000; 423100, 
3803000; 423100, 3803100; 423000, 3803100; 423000, 3803000; 422900, 
3803000; 422900, 3802800; 422800, 3802800; 422800, 3802700; 422700, 
3802700; 422700, 3802800; 422600, 3802800; 422600, 3803100; 422700, 
3803100; 422700, 3803200; 422800, 3803200; 422800, 3803300; 422900, 
3803300; 422900, 3803400; 423000, 3803400; 423000, 3803500; 423100, 
3803500; 423100, 3803600; 423200, 3803600; 423200, 3803900; 423400, 
3803900; 423400, 3804500; 423500, 3804500; 423500, 3804600; 423600, 
3804600; 423600, 3804700; 423700, 3804700; 423700, 3804900; 423800, 
3804900; 423800, 3805000; 423900, 3805000; 423900, 3805100; 424000, 
3805100; 424000, 3805400; 424100, 3805400; 424100, 3805500; 424200, 
3805500; 424200, 3805600; 424400, 3805600; returning to 424400, 
3805700.
    (ii) Map depicting subunit 1B is found at paragraph (d)(10)(ii) of 
this section.
    (7) Subunit 1C: Little Rock Creek, Angeles National Forest, Los 
Angeles County, California.
    (i) Subunit 1C: Upper Little Rock Creek. Land bounded by the 
following UTM NAD27 coordinates (E, N): 419500, 3803800; 420000, 
3803800; 420000, 3803600; 419700, 3803600; 419700, 3803500; 419600, 
3803500; 419600, 3803400; 419500, 3803400; 419500, 3803300; 419600, 
3803300; 419600, 3803200; 419700, 3803200; 419700, 3802900; 420000, 
3802900; 420000, 3803000; 420200, 3803000; 420200, 3803100; 420400, 
3803100; 420400, 3803200; 420500, 3803200; 420500, 3803300; 420600, 
3803300; 420600, 3803400; 420900, 3803400; 420900, 3803200; 420800, 
3803200; 420800, 3803100; 420700, 3803100; 420700, 3803000; 420600, 
3803000; 420600, 3802900; 420500, 3802900; 420500, 3802800; 420100, 
3802800; 420100, 3802700; 419900, 3802700; 419900, 3802600; 419800, 
3802600; 419800, 3802400; 419700, 3802400; 419700, 3802300; 419500, 
3802300; 419500, 3802400; 419400, 3802400; 419400, 3802300; 419300, 
3802300; 419300, 3802100; 419200, 3802100; 419200, 3802000; 419100, 
3802000; 419100, 3801900; 419000, 3801900; 419000, 3801800; 418800, 
3801800; 418800, 3801900; 418500, 3801900; 418500, 3801800; 417900, 
3801800; 417900, 3801900; 417800, 3801900; 417800, 3802000; 417700, 
3802000; 417700, 3802100; 417600, 3802100; 417600, 3802300; 417500, 
3802300; 417500, 3802400; 417300, 3802400; 417300, 3802300; 417200, 
3802300; 417200, 3802200; 417000, 3802200; 417000, 3801400; 416900, 
3801400; 416900, 3801300; 416800, 3801300; 416800, 3801200; 416700, 
3801200; 416700, 3801100; 416600, 3801100; 416600, 3801200; 416500, 
3801200;

[[Page 54133]]

416500, 3801400; 416700, 3801400; 416700, 3802100; 416500, 3802100; 
416500, 3802000; 416200, 3802000; 416200, 3802100; 416100, 3802100; 
416100, 3802200; 416000, 3802200; 416000, 3802500; 416300, 3802500; 
416300, 3802300; 416500, 3802300; 416500, 3802400; 416900, 3802400; 
416900, 3802500; 417100, 3802500; 417100, 3802600; 417800, 3802600; 
417800, 3802400; 417900, 3802400; 417900, 3802300; 418000, 3802300; 
418000, 3802100; 418300, 3802100; 418300, 3802400; 418600, 3802400; 
418600, 3802200; 419000, 3802200; 419000, 3802400; 419100, 3802400; 
419100, 3802500; 419200, 3802500; 419200, 3802700; 419400, 3802700; 
419400, 3803100; 419300, 3803100; 419300, 3803600; 419400, 3803600; 
419400, 3803700; 419500, 3803700; returning to 419500, 3803800.
    (ii) Map depicting subunit 1C is found at paragraph (d)(10)(ii) of 
this section.
    (8) Subunit 1D: Devil's Canyon (north of San Gabriel River, West 
Fork), Angeles National Forest, Los Angeles County, California.
    (i) Subunit 1D: Devil's Canyon. Land bounded by the following UTM 
NAD27 coordinates (E, N): 414500, 3799300; 414700, 3799300; 414700, 
3798600; 414600, 3798600; 414600, 3798500; 414500, 3798500; 414500, 
3798400; 414300, 3798400; 414300, 3798300; 413900, 3798300; 413900, 
3798200; 413600, 3798200; 413600, 3798100; 413400, 3798100; 413400, 
3798000; 413000, 3798000; 413000, 3797800; 412600, 3797800; 412600, 
3797700; 412500, 3797700; 412500, 3797600; 412300, 3797600; 412300, 
3797700; 412100, 3797700; 412100, 3797800; 411800, 3797800; 411800, 
3797700; 411400, 3797700; 411400, 3797800; 411300, 3797800; 411300, 
3798100; 411500, 3798100; 411500, 3798000; 411800, 3798000; 411800, 
3798100; 412200, 3798100; 412200, 3798000; 412300, 3798000; 412300, 
3797900; 412400, 3797900; 412400, 3798000; 412700, 3798000; 412700, 
3798100; 412800, 3798100; 412800, 3798200; 413100, 3798200; 413100, 
3798300; 413400, 3798300; 413400, 3798400; 413700, 3798400; 413700, 
3798500; 414100, 3798500; 414100, 3798600; 414200, 3798600; 414200, 
3798700; 414400, 3798700; 414400, 3798800; 414500, 3798800; returning 
to 414500, 3799300.
    (ii) Map depicting subunit 1D is found at paragraph (d)(10)(ii) of 
this section.
    (9) Subunit 1F: San Gabriel River, East Fork, Iron Fork, Los 
Angeles County, California.
    (i) Subunit 1F: San Gabriel River, East Fork and Iron Fork. Land 
bounded by the following UTM NAD27 coordinates (E, N): 429100, 3798400; 
429400, 3798400; 429400, 3798000; 429500, 3798000; 429500, 3797400; 
429700, 3797400; 429700, 3797100; 429600, 3797100; 429600, 3797000; 
429700, 3797000; 429700, 3796800; 429800, 3796800; 429800, 3796700; 
429900, 3796700; 429900, 3796500; 430000, 3796500; 430000, 3796000; 
430100, 3796000; 430100, 3795800; 430200, 3795800; 430200, 3795500; 
430100, 3795500; 430100, 3795400; 430000, 3795400; 430000, 3795600; 
429600, 3795600; 429600, 3795500; 429300, 3795500; 429300, 3795600; 
429000, 3795600; 429000, 3795700; 428700, 3795700; 428700, 3795800; 
428600, 3795800; 428600, 3795700; 428300, 3795700; 428300, 3795800; 
428000, 3795800; 428000, 3796100; 428700, 3796100; 428700, 3796000; 
428900, 3796000; 428900, 3795900; 429400, 3795900; 429400, 3795800; 
429800, 3795800; 429800, 3796000; 429700, 3796000; 429700, 3796400; 
429600, 3796400; 429600, 3796600; 429500, 3796600; 429500, 3796800; 
429400, 3796800; 429400, 3797200; 429300, 3797200; 429300, 3797300; 
429200, 3797300; 429200, 3798000; 429000, 3798000; 429000, 3798300; 
429100, 3798300; returning to 429100, 3798400.
    (ii) Map depicting subunit 1F is found at paragraph (d)(10)(ii) of 
this section.
    (10) Subunit 1G: Bear Creek (off San Gabriel River, West Fork), 
Angeles National Forest, Los Angeles County, California.
    (i) Subunit 1G: Bear Creek, Upper Reaches. Land bounded by the 
following UTM NAD27 coordinates (E, N): 417500, 3797700; 417800, 
3797700; 417800, 3797500; 417900, 3797500; 417900, 3797300; 418000, 
3797300; 418000, 3796800; 417900, 3796800; 417900, 3796700; 418000, 
3796700; 418000, 3796600; 418200, 3796600; 418200, 3796500; 418300, 
3796500; 418300, 3796300; 417900, 3796300; 417900, 3796400; 417800, 
3796400; 417800, 3796500; 417700, 3796500; 417700, 3797200; 417600, 
3797200; 417600, 3797500; 417500, 3797500; returning to 417500, 
3797700.
    (ii) Map 2 of Unit 1, with subunits 1A, 1B, 1C, 1D, 1F, and 1G, 
follows:

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    (11) Subunit 1E: Day Canyon, San Bernardino National Forest, San 
Bernardino County, California.
    (i) Subunit 1E: Day Canyon. Land bounded by the following UTM NAD27 
coordinates (E, N): 446400, 3786900; 446700, 3786900; 446700, 3786800; 
446900, 3786800; 446900, 3786700; 447100, 3786700; 447100, 3786600; 
447200, 3786600; 447200, 3786500; 447300, 3786500; 447300, 3786400; 
447400, 3786400; 447400, 3786200; 447500, 3786200; 447500, 3786100; 
447600, 3786100; 447600, 3786000; 447700, 3786000; 447700, 3785900; 
447900, 3785900; 447900, 3785800; 448100, 3785800; 448100, 3785700; 
448400, 3785700; 448400, 3785600; 448600, 3785600; 448600, 3785500; 
448800, 3785500; 448800, 3785400; 448900, 3785400; 448900, 3785000; 
449000, 3785000; 449000, 3784900; 449200, 3784900; 449200, 3784800; 
449300, 3784800; 449300, 3784600; 449400, 3784600; 449400, 3784300; 
449500, 3784300; 449500, 3784400; 449700, 3784400; 449700, 3785100; 
449800, 3785100; 449800, 3785800; 450000, 3785800; 450000, 3784800; 
449900, 3784800; 449900, 3784700; 450000, 3784700; 450000, 3784500; 
449900, 3784500; 449900, 3783800; 450000, 3783800; 450000, 3783700; 
450300, 3783700; 450300, 3783800; 450400, 3783800; 450400, 3783900; 
450500, 3783900; 450500, 3784700; 450600, 3784700; 450600, 3784800; 
450700, 3784800; 450700, 3784900; 450800, 3784900; 450800, 3785100; 
450900, 3785100; 450900, 3785200; 451000, 3785200; 451000, 3785100; 
451100, 3785100; 451100, 3784800; 451000, 3784800; 451000, 3784700; 
450900, 3784700; 450900, 3784600; 450800, 3784600; 450800, 3783900; 
450700, 3783900; 450700, 3783700; 450600, 3783700; 450600, 3783600; 
450500, 3783600; 450500, 3783500; 450300, 3783500; 450300, 3783100; 
450400, 3783100; 450400, 3783000; 450500, 3783000; 450500, 3782800; 
450200, 3782800; 450200, 3782900; 450100, 3782900; 450100, 3783100; 
450000, 3783100; 450000, 3783200; 449900, 3783200; 449900, 3783500; 
449800, 3783500; 449800, 3783600; 449700, 3783600; 449700, 3783700; 
449600, 3783700; 449600, 3783900; 449700, 3783900; 449700, 3784100; 
449200, 3784100; 449200, 3784300; 449100, 3784300; 449100, 3784600; 
449000, 3784600; 449000, 3784700; 448800, 3784700; 448800, 3784800; 
448700, 3784800; 448700, 3785200; 448600, 3785200; 448600, 3785300; 
448400, 3785300; 448400, 3785400; 448300, 3785400; 448300, 3785500; 
447900, 3785500; 447900, 3785600; 447800, 3785600; 447800, 3785700; 
447500, 3785700; 447500, 3785800; 447400, 3785800; 447400, 3785900; 
447300, 3785900; 447300, 3786000; 447200, 3786000; 447200, 3786200; 
447100, 3786200; 447100, 3786300; 447000, 3786300; 447000, 3786400; 
446900, 3786400; 446900, 3786500; 446700, 3786500; 446700, 3786600; 
446500, 3786600; 446500, 3786700; 446400, 3786700; returning to 446400, 
3786900.

    (ii) Note: Map 3 of subunit 1E follows:

[[Page 54136]]

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[[Page 54137]]

    (12) Unit 2: San Bernardino Mountains, San Bernardino National 
Forest, San Bernardino County, California. From USGS 1:24,000 
quadrangle maps Big Bear Lake, Catclaw Flat and Harrison Mountain, 
California. Subunit 2A: City Creek, San Bernardino National Forest, San 
Bernardino County, California.
    (i) Subunit 2A: City Creek, East and West Forks. Land bounded by 
the following UTM NAD27 coordinates (E, N): 483800, 3785100; 483900, 
3785100; 483900, 3785200; 484000, 3785200; 484000, 3785400; 484100, 
3785400; 484100, 3785600; 484200, 3785600; 484200, 3785700; 484300, 
3785700; 484300, 3785800; 484400, 3785800; 484400, 3785900; 484600, 
3785900; 484600, 3785600; 484500, 3785600; 484500, 3785500; 484400, 
3785500; 484400, 3785400; 484300, 3785400; 484300, 3785200; 484200, 
3785200; 484200, 3785000; 484100, 3785000; 484100, 3784900; 484000, 
3784900; 484000, 3784800; 483900, 3784800; 483900, 3784700; 483800, 
3784700; 483800, 3784400; 483900, 3784400; 483900, 3784000; 483700, 
3784000; 483700, 3783900; 483900, 3783900; 483900, 3783800; 484000, 
3783800; 484000, 3783400; 483900, 3783400; 483900, 3783300; 483700, 
3783300; 483700, 3782900; 483900, 3782900; 483900, 3783100; 484000, 
3783100; 484000, 3783200; 484300, 3783200; 484300, 3783100; 484400, 
3783100; 484400, 3783400; 484500, 3783400; 484500, 3783500; 484400, 
3783500; 484400, 3783900; 484500, 3783900; 484500, 3784000; 484700, 
3784000; 484700, 3784100; 484800, 3784100; 484800, 3784700; 484900, 
3784700; 484900, 3785000; 485000, 3785000; 485000, 3785200; 485100, 
3785200; 485100, 3785300; 485200, 3785300; 485200, 3785400; 485400, 
3785400; 485400, 3785800; 485700, 3785800; 485700, 3785700; 485800, 
3785700; 485800, 3785600; 485600, 3785600; 485600, 3785200; 485400, 
3785200; 485400, 3785100; 485300, 3785100; 485300, 3785000; 485200, 
3785000; 485200, 3784600; 485100, 3784600; 485100, 3784200; 485000, 
3784200; 485000, 3783900; 484900, 3783900; 484900, 3783800; 484700, 
3783800; 484700, 3783300; 484800, 3783300; 484800, 3783100; 484700, 
3783100; 484700, 3783000; 484600, 3783000; 484600, 3782900; 484500, 
3782900; 484500, 3782800; 484200, 3782800; 484200, 3782900; 484100, 
3782900; 484100, 3782700; 483900, 3782700; 483900, 3782600; 483800, 
3782600; 483800, 3782400; 483700, 3782400; 483700, 3782200; 484000, 
3782200; 484000, 3782000; 484400, 3782000; 484400, 3782100; 484700, 
3782100; 484700, 3782000; 485000, 3782000; 485000, 3781900; 485200, 
3781900; 485200, 3781800; 485400, 3781800; 485400, 3781700; 485200, 
3781700; 485200, 3781600; 485000, 3781600; 485000, 3781700; 484800, 
3781700; 484800, 3781800; 484300, 3781800; 484300, 3781700; 483900, 
3781700; 483900, 3781800; 483800, 3781800; 483800, 3782000; 483600, 
3782000; 483600, 3781800; 483400, 3781800; 483400, 3781200; 483600, 
3781200; 483600, 3780900; 483500, 3780900; 483500, 3780500; 484200, 
3780500; 484200, 3780600; 484300, 3780600; 484300, 3780500; 484800, 
3780500; 484800, 3780400; 484900, 3780400; 484900, 3780300; 485000, 
3780300; 485000, 3780100; 484700, 3780100; 484700, 3780200; 484600, 
3780200; 484600, 3780300; 483700, 3780300; 483700, 3780200; 483500, 
3780200; 483500, 3780100; 483400, 3780100; 483400, 3780000; 483300, 
3780000; 483300, 3779900; 483400, 3779900; 483400, 3779500; 483300, 
3779500; 483300, 3779000; 483100, 3779000; 483100, 3778800; 482800, 
3778800; 482800, 3778900; 482700, 3778900; 482700, 3779000; 482900, 
3779000; 482900, 3779200; 483100, 3779200; 483100, 3779300; 483000, 
3779300; 483000, 3779700; 483100, 3779700; 483100, 3780100; 483200, 
3780100; 483200, 3780300; 483300, 3780300; 483300, 3780400; 483200, 
3780400; 483200, 3780700; 483300, 3780700; 483300, 3781100; 482900, 
3781100; 482900, 3781200; 482800, 3781200; 482800, 3781800; 482700, 
3781800; 482700, 3781900; 482800, 3781900; 482800, 3782600; 482900, 
3782600; 482900, 3782800; 483000, 3782800; 483000, 3782900; 483100, 
3782900; 483100, 3783000; 483000, 3783000; 483000, 3783100; 482900, 
3783100; 482900, 3783200; 482300, 3783200; 482300, 3783500; 482600, 
3783500; 482600, 3783600; 482700, 3783600; 482700, 3783500; 483000, 
3783500; 483000, 3783400; 483100, 3783400; 483100, 3783300; 483300, 
3783300; 483300, 3783200; 483500, 3783200; 483500, 3783500; 483700, 
3783500; 483700, 3783700; 483300, 3783700; 483300, 3784100; 483100, 
3784100; 483100, 3784400; 483300, 3784400; 483300, 3784300; 483500, 
3784300; 483500, 3784200; 483600, 3784200; 483600, 3784400; 483500, 
3784400; 483500, 3784700; 483400, 3784700; 483400, 3784900; 483500, 
3784900; 483500, 3785100; 483600, 3785100; 483600, 3785300; 483800, 
3785300; returning to 483800, 3785100; excluding land bounded by 
483700, 3785100; 483800, 3785100; 483800, 3785000; 483700, 3785000; 
483700, 3785100; land bounded by 483100, 3782700; 483600, 3782700; 
483600, 3782600; 483500, 3782600; 483500, 3782500; 483400, 3782500; 
483400, 3782400; 483300, 3782400; 483300, 3782300; 483200, 3782300; 
483200, 3782100; 483100, 3782100; 483100, 3782700; and land bounded by 
483000, 3781800; 483100, 3781800; 483100, 3781500; 483000, 3781500; 
483000, 3781800.

    (ii) Note: Map 4 of subunit 2A follows:


[[Page 54138]]


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[[Page 54139]]

    (13) Subunit 2B: Barton Creek (East Fork), San Bernardino National 
Forest, San Bernardino County, California.
    (i) Subunit 2B: Barton Creek (East Fork). Land bounded by the 
following UTM NAD27 coordinates (E, N): 510000, 3781300; 510100, 
3781300; 510100, 3781200; 510200, 3781200; 510200, 3781100; 510400, 
3781100; 510400, 3780700; 510500, 3780700; 510500, 3780400; 510600, 
3780400; 510600, 3780200; 510500, 3780200; 510500, 3780100; 510600, 
3780100; 510600, 3779800; 510700, 3779800; 510700, 3779600; 510800, 
3779600; 510800, 3779400; 510700, 3779400; 510700, 3779300; 510800, 
3779300; 510800, 3779000; 510900, 3779000; 510900, 3778500; 510600, 
3778500; 510600, 3779100; 510500, 3779100; 510500, 3779600; 510400, 
3779600; 510400, 3779900; 510300, 3779900; 510300, 3780400; 510200, 
3780400; 510200, 3780700; 510100, 3780700; 510100, 3781000; 510000, 
3781000; returning to 510000, 3781300.
    (ii) Map depicting subunit 2B is found at paragraph (d)(14)(ii) of 
this section.
    (14) Subunit 2C: Whitewater River (North Fork), San Bernardino 
National Forest, San Bernardino County, California.
    (i) Subunit 2C: Whitewater River (North Fork). Land bounded by the 
following UTM NAD27 coordinates (E, N): 523300, 3769200; 523400, 
3769200; 523400, 3769100; 523600, 3769100; 523600, 3769000; 523800, 
3769000; 523800, 3768900; 523900, 3768900; 523900, 3768800; 524200, 
3768800; 524200, 3768500; 523900, 3768500; 523900, 3768600; 523700, 
3768600; 523700, 3768700; 523600, 3768700; 523600, 3768800; 523400, 
3768800; 523400, 3768900; 523200, 3768900; 523200, 3769100; 523300, 
3769100; returning to 523300, 3769200.

    (ii) Note: Map 5 of subunits 2B and 2C follows:


[[Page 54140]]


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[[Page 54141]]

    (15) Unit 3: San Jacinto Mountains, San Bernardino National Forest, 
Riverside County, California. From USGS 1:24,000 quadrangle maps Lake 
Fulmor, Palm Springs and San Jacinto Peak, California. Subunit 3A: San 
Jacinto River, North Fork (Black Mountain Creek, Fuller Mill Creek, 
Dark Canyon), San Bernardino National Forest, Riverside County, 
California.
    (i) Subunit 3A: San Jacinto River, North Fork (Black Mountain 
Creek, Fuller Mill Creek, Dark Canyon). Land bounded by the following 
UTM NAD27 coordinates (E, N): 526400, 3743000; 526600, 3743000; 526600, 
3742700; 526400, 3742700; 526400, 3742600; 526300, 3742600; 526300, 
3742500; 526200, 3742500; 526200, 3742400; 526600, 3742400; 526600, 
3742300; 526900, 3742300; 526900, 3742200; 527000, 3742200; 527000, 
3742000; 526800, 3742000; 526800, 3742100; 526300, 3742100; 526300, 
3742200; 526100, 3742200; 526100, 3742800; 526200, 3742800; 526200, 
3742900; 526400, 3742900; returning to 526400, 3743000; land bounded 
by: 525000, 3742100; 525200, 3742100; 525200, 3742000; 525400, 3742000; 
525400, 3741900; 525300, 3741900; 525300, 3741800; 525100, 3741800; 
525100, 3741700; 525000, 3741700; 525000, 3741600; 524900, 3741600; 
524900, 3741800; 524800, 3741800; 524800, 3741900; 524900, 3741900; 
524900, 3742000; 525000, 3742000; returning to 525000, 3742100; land 
bounded by: 522600, 3741900; 522800, 3741900; 522800, 3741800; 522900, 
3741800; 522900, 3741600; 522800, 3741600; 522800, 3741400; 522600, 
3741400; 522600, 3741300; 522500, 3741300; 522500, 3741200; 522400, 
3741200; 522400, 3741100; 522300, 3741100; 522300, 3740700; 522200, 
3740700; 522200, 3740500; 522100, 3740500; 522100, 3740000; 522000, 
3740000; 522000, 3739500; 521900, 3739500; 521900, 3739200; 521800, 
3739200; 521800, 3739000; 522000, 3739000; 522000, 3739100; 522600, 
3739100; 522600, 3739200; 523000, 3739200; 523000, 3739300; 523100, 
3739300; 523100, 3739400; 523200, 3739400; 523200, 3739000; 522900, 
3739000; 522900, 3738900; 522600, 3738900; 522600, 3738800; 521800, 
3738800; 521800, 3738700; 521700, 3738700; 521700, 3738600; 521400, 
3738600; 521400, 3738800; 521500, 3738800; 521500, 3738900; 521600, 
3738900; 521600, 3739500; 521700, 3739500; 521700, 3739700; 521800, 
3739700; 521800, 3740300; 521900, 3740300; 521900, 3740700; 522000, 
3740700; 522000, 3740900; 522100, 3740900; 522100, 3741300; 522200, 
3741300; 522200, 3741400; 522400, 3741400; 522400, 3741600; 522600, 
3741600; returning to 522600, 3741900; land bounded by: 525800, 
3741200; 525900, 3741200; 525900, 3740900; 525800, 3740900; 525800, 
3740800; 525600, 3740800; 525600, 3740700; 525500, 3740700; 525500, 
3740600; 525400, 3740600; 525400, 3740400; 525300, 3740400; 525300, 
3740300; 525200, 3740300; 525200, 3740200; 525100, 3740200; 525100, 
3740100; 525000, 3740100; 525000, 3740000; 525600, 3740000; 525600, 
3740100; 525800, 3740100; 525800, 3740000; 525900, 3740000; 525900, 
3739700; 525800, 3739700; 525800, 3739800; 525500, 3739800; 525500, 
3739700; 525700, 3739700; 525700, 3739600; 525800, 3739600; 525800, 
3739500; 525900, 3739500; 525900, 3739400; 526000, 3739400; 526000, 
3739000; 525900, 3739000; 525900, 3739100; 525800, 3739100; 525800, 
3739200; 525700, 3739200; 525700, 3739300; 525600, 3739300; 525600, 
3739400; 525100, 3739400; 525100, 3739500; 524800, 3739500; 524800, 
3739600; 524600, 3739600; 524600, 3739500; 524500, 3739500; 524500, 
3739400; 524200, 3739400; 524200, 3739300; 524100, 3739300; 524100, 
3739600; 524200, 3739600; 524200, 3739700; 524400, 3739700; 524400, 
3739800; 524500, 3739800; 524500, 3740000; 524600, 3740000; 524600, 
3740100; 524700, 3740100; 524700, 3740200; 524800, 3740200; 524800, 
3740300; 524900, 3740300; 524900, 3740400; 525000, 3740400; 525000, 
3740500; 525100, 3740500; 525100, 3740600; 525200, 3740600; 525200, 
3740700; 525300, 3740700; 525300, 3740800; 525400, 3740800; 525400, 
3740900; 525500, 3740900; 525500, 3741000; 525600, 3741000; 525600, 
3741100; 525800, 3741100; returning to 525800, 3741200; and land 
bounded by 523900, 3741000; 524200, 3741000; 524200, 3740800; 524100, 
3740800; 524100, 3740700; 524000, 3740700; 524000, 3740600; 523900, 
3740600; 523900, 3740500; 523800, 3740500; 523800, 3740400; 523600, 
3740400; 523600, 3740300; 523500, 3740300; 523500, 3740100; 523400, 
3740100; 523400, 3739500; 523200, 3739500; 523200, 3739600; 523100, 
3739600; 523100, 3740000; 523200, 3740000; 523200, 3740300; 523300, 
3740300; 523300, 3740500; 523400, 3740500; 523400, 3740600; 523600, 
3740600; 523600, 3740700; 523800, 3740700; 523800, 3740900; 523900, 
3740900; returning to 523900, 3741000.
    (ii) Map 6 depicting subunit 3A is found at paragraph (d)(18)(ii) 
of this section.
    (16) Subunit 3B: San Jacinto Mountains (Indian Creek at Hall 
Canyon), San Bernardino National Forest, Riverside County, California.
    (i) Subunit 3B: Indian Creek (at Hall Canyon). Land bounded by the 
following UTM NAD27 coordinates (E, N): 521600, 3742800; 521800, 
3742800; 521800, 3742500; 521700, 3742500; 521700, 3741700; 521600, 
3741700; 521600, 3741500; 521500, 3741500; 521500, 3741400; 521400, 
3741400; 521400, 3741200; 521300, 3741200; 521300, 3741100; 520900, 
3741100; 520900, 3741200; 521000, 3741200; 521000, 3741300; 521100, 
3741300; 521100, 3741400; 521200, 3741400; 521200, 3741600; 521300, 
3741600; 521300, 3741700; 521400, 3741700; 521400, 3742300; 521500, 
3742300; 521500, 3742700; 521600, 3742700; returning to 521600, 
3742800.
    (ii) Map 6 depicting subunit 3B is found at paragraph (d)(18)(ii) 
of this section.
    (17) Subunit 3C: San Jacinto Mountains (Tahquitz and Willow Creek), 
San Bernardino National Forest, Riverside County, California.
    (i) Subunit 3C: Tahquitz Creek. Land bounded by the following UTM 
NAD27 coordinates (E, N): 529600, 3739000; 529900, 3739000; 529900, 
3738900; 531000, 3738900; 531000, 3738800; 531100, 3738800; 531100, 
3738700; 531200, 3738700; 531200, 3738600; 531300, 3738600; 531300, 
3738500; 531400, 3738500; 531400, 3738400; 531500, 3738400; 531500, 
3738200; 531200, 3738200; 531200, 3738300; 531100, 3738300; 531100, 
3738400; 531000, 3738400; 531000, 3738500; 530900, 3738500; 530900, 
3738600; 530200, 3738600; 530200, 3738700; 529600, 3738700; returning 
to 529600, 3739000; and land bounded by 532100, 3737000; 532400, 
3737000; 532400, 3736900; 532600, 3736900; 532600, 3736600; 532300, 
3736600; 532300, 3736700; 532200, 3736700; 532200, 3736500; 531800, 
3736500; 531800, 3736300; 531700, 3736300; 531700, 3736200; 531600, 
3736200; 531600, 3736100; 531500, 3736100; 531500, 3736000; 531400, 
3736000; 531400, 3735700; 531300, 3735700; 531300, 3735500; 531200, 
3735500; 531200, 3735300; 531100, 3735300; 531100, 3735100; 531000, 
3735100; 531000, 3735000; 530900, 3735000; 530900, 3734900; 530600, 
3734900; 530600, 3735200; 530800, 3735200; 530800, 3735300; 530900, 
3735300; 530900, 3735500; 531000, 3735500; 531000, 3735800; 531100, 
3735800; 531100, 3735900; 531200, 3735900; 531200, 3736200; 531300, 
3736200; 531300, 3736300; 531400, 3736300; 531400, 3736400; 531500, 
3736400; 531500,

[[Page 54142]]

3736600; 531600, 3736600; 531600, 3736700; 531700, 3736700; 531700, 
3736800; 532000, 3736800; 532000, 3736900; 532100, 3736900; returning 
to 532100, 3737000.
    (ii) Map 6 depicting subunit 3C is found at paragraph (d)(18)(ii) 
of this section.
    (18) Subunit 3D: San Jacinto Mountains (Andreas Creek), San 
Bernardino National Forest, Riverside County, California.
    (i) Subunit 3D: San Jacinto Mountains (Andreas Creek). Land bounded 
by the following UTM NAD27 coordinates (E, N): 534300, 3735900; 534700, 
3735900; 534700, 3735800; 535000, 3735800; 535000, 3735700; 535100, 
3735700; 535100, 3735600; 535300, 3735600; 535300, 3735500; 535400, 
3735500; 535400, 3735400; 535500, 3735400; 535500, 3735300; 535700, 
3735300; 535700, 3735000; 535500, 3735000; 535500, 3735100; 535300, 
3735100; 535300, 3735200; 535200, 3735200; 535200, 3735300; 535100, 
3735300; 535100, 3735400; 534900, 3735400; 534900, 3735500; 534800, 
3735500; 534800, 3735600; 534300, 3735600; returning to 534300, 
3735900.

    (ii) Note: Map 6 of Unit 3, with Subunits 3A, 3B, 3C, and 3D, 
follows:

BILLING CODE 4310-55-P

[[Page 54143]]

[GRAPHIC] [TIFF OMITTED] TP13SE05.005

* * * * *

    Dated: September 1, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-17755 Filed 9-12-05; 8:45 am]
BILLING CODE 4310-55-C


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