68982 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

RIN 1018–AU51 

Endangered and Threatened Wildlife 

and Plants; Designation of Critical 

Habitat for Astralagus brauntonii and 

Pentachaeta lyonii 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose to 

designate critical habitat for Astralagus 

brauntonii (Braunton’s milk-vetch) and 

Pentachaeta lyonii (Lyon’s pentachaeta) 

pursuant to the Endangered Species Act 

of 1973, as amended (Act). For A. 

brauntonii, approximately 3,638 acres 

(ac) (1,471 hectares (ha)) fall within the 

boundaries of the proposed critical 

habitat designation. The proposed 

critical habitat for A. brauntonii is 

located in Ventura, Los Angeles, and 

Orange Counties, California. For P. 

lyonii, approximately 4,212 acres (ac) 

(1,703 hectares (ha)) fall within the 

boundaries of the proposed critical 

habitat designation. The proposed 

critical habitat for P. lyonii is located in 

Ventura and Los Angeles Counties, 

California. 

DATES: We will accept comments from 

all interested parties until January 9, 

2006. We must receive requests for 

public hearings, in writing, at the 

address shown in the ADDRESSES section 

by December 27, 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 Diane Noda, Field 

Supervisor, U.S. Fish and Wildlife 

Service, Ventura Fish and Wildlife 

Office (VFWO), 2493 Portola Road, 

Suite B, Ventura, CA 93003. 

2. You may hand-deliver written 

comments to our VFWO, at the above 

address. 

3. You may send comments by 

electronic mail (e-mail) to 

fw82plantsch@fws.gov. For directions 

on how to submit electronic filing of 

comments, please see the ‘‘Public 

Comments Solicited’’ section. 

4. You may fax your comments to 

805/644–3958. 

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 our VFWO at the above 

address. 

FOR FURTHER INFORMATION CONTACT: 

Diane Noda, Field Supervisor, VFWO, at 

the above address (telephone 805/644– 

1766; facsimile 805/644–3958). 

SUPPLEMENTARY INFORMATION: 

Public Comments Solicited 

We intend that any final action 

resulting from this proposal will be as 

accurate and as effective as possible. 

Therefore, comments or suggestions 

from the public, other concerned 

governmental agencies, the scientific 

community, industry, or any other 

interested party concerning this 

proposed rule are hereby solicited. 

Comments particularly are sought 

concerning: 

(1) The reasons any habitat should or 

should not be determined to be critical 

habitat as provided by section 4 of the 

Act, including whether the benefit of 

designation will outweigh any threats to 

the species due to designation; 

(2) Specific information on the 

amount and distribution of Astralagus 

brauntonii and Pentachaeta lyonii 

habitat, and what areas that were 

occupied at the time of listing and that 

contain the features that are essential to 

the conservation of the species, should 

be included in the designations and 

why and what areas that were not 

occupied at the time of listing are 

essential to the conservation of the 

species and why; 

(3) Land use designations and current 

or planned activities in the subject areas 

and their possible impacts on proposed 

critical habitat; 

(4) Any foreseeable economic, 

national security, or other potential 

impacts resulting from the proposed 

designation and, in particular, any 

impacts on small entities; 

(5) Additional information on areas in 

Orange County which could be 

excluded in the final designation; 

(6) 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. 

(7) Whether the following should be 

included as a primary constituent 

element (PCE) for Astragalus brauntonii: 

Plant communities in areas that are 

≥600 m in diameter, which is the 

minimum size needed to support 

associated insect pollinators (e.g., bees 

and wasps), and seed dispersers (e.g., 

insects and small mammals), and 

(8) Whether the following should be 

included as a PCE for Pentachaeta 

lyonii: Plant communities in areas that 

are ≥600 m in diameter, which is the 

minimum size needed to support 

associated insect pollinators, 

specifically bees, wasps, and flies. 

If you wish to comment, you may 

submit your comments and materials 

concerning this proposal by any one of 

several methods (see ADDRESSES

section). Please submit Internet 

comments to fw82plantsch@fws.gov in 

ASCII file format and avoid the use of 

special characters or any form of 

encryption. Please also include ‘‘Attn: 

Braunton’s milk-vetch and Lyon’s 

pentachaeta’’ in your e-mail subject 

header and your name and return 

address in the body of your message. If 

you do not receive a confirmation from 

the system that we have received your 

Internet message, contact us directly by 

calling our VFWO at phone number 

805/644–1766. Please note that the 

Internet address fw82plantsch@fws.gov 

will be closed out at the termination of 

the public comment period. 

Our practice is to make comments, 

including names and home addresses of 

respondents, available for public review 

during regular business hours. 

Individual respondents may request that 

we withhold their 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 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 

Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 68983 

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. 

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, 

only 470 species, or 37.5 percent of the 

1,253 listed species in the U.S. under 

the jurisdiction of the Service, 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 for the 

conservation of many species. 

We note, however, that the August 6, 

2004 Ninth Circuit judicial opinion, 

(Gifford Pinchot Task Force v. United 

States Fish and Wildlife Service) found 

our definition of adverse modification 

was invalid. In response to the decision, 

the Director has provided guidance to 

the Service based on the statutory 

language. In this rule, our analysis of the 

consequences and relative costs and 

benefits of the critical habitat 

designation is based on application of 

the statute consistent with the 9th 

Circuit’s ruling and the Director’s 

guidance. 

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 judiciallyimposed 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 

It is our intent to discuss only those 

topics directly relevant to the 

designation of critical habitat in this 

proposed rule. For more information on 

the taxonomic history and description 

of Astralagus brauntonii and 

Pentachaeta lyonii, refer to the final 

listing rule published in the Federal 

Register on January 29, 1997 (62 FR 

4172). 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. 

Astragalus brauntonii is a short-lived 

perennial herb in the Fabaceae (Pea 

family); a thick taproot gives rise to 

stems that reach a height of 5 feet (ft) 

(1.5 meters (m)), making it one of the 

tallest species in the genus. It is 

associated with chaparral and coastal 

sage scrub plant communities and 

generally occurs along the tops of knolls 

ranging from 800 to 2,100 ft (244 to 640 

m) in elevation (Fotheringham and 

Keeley 1998; CNDDB 2003; B. Landis, in 

litt. 2005). Common species associated 

with chaparral communities in this 

region of California are Adenostoma 

fasciculatum (chamise), Ceanothus spp. 

(California lilac), Arctostaphylos 

spp.(manzanita), Salvia spp. (sage), 

Eriogonum fasciculatum (California 

buckwheat), Malosma laurina (laurel 

sumac), Rhus ovata (sugar bush), and 

Yucca whipplei (yucca) (Hanes 1988). 

Common species associated with coastal 

sage scrub are Artemisia californica 

(California sagebrush), sages, California 

buckwheat, Rhus integrifolia (lemonade 

berry), Encelia californica (encelia), and 

Isocoma menziesii (goldenbush) 

(Mooney 1988). Chaparral and coastal 

sage scrub communities interdigitate 

with each other, with coastal sage scrub 

occurring on sites with less seasonal 

moisture availability, such as on lower 

slopes of the mountains facing the ocean 

interrupted by chaparral on higher, 

more mesic slopes, and then a 

reoccurrence of coastal sage scrub on 

the rain shadow lower slopes of the 

mountain interior (Mooney 1988). Both 

of these communities occur within a 

Mediterranean-type climate that is 

characterized by mild, wet winters and 

hot, dry summers. The chaparral shrubs 

in particular have developed low tissue 

water content and are thus prone to 

wildfires, particularly during the 

extreme conditions of the hot, dry 

‘‘Santa Ana’’ winds (Beyers and 

Wakeman 2000). Under such 

conditions, fires may rapidly burn 

thousands of hectares of chaparral and 

coastal sage scrub. Patterns of fire 

occurrence for a period of 60 years in 

the Santa Monica Mountains reveal that, 

on average, most of the Santa Monica 

Mountains have burned three to 5 times 

in that period, with an average fire 

return interval ranging from 12.4 to 20.7 

years (Radtke et al. 1982). Many of the 

species that comprise the chaparral and 

coastal sage scrub communities are well 

adapted to regenerate after fire, either 

through the release of a dormant seed 

bank whose germination is stimulated 

by fire, or in other species, through 

68984 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 

basal burl sprouting (Hanes 1971, 

Keeley and Zedler 1978). 

Like many other Astragalus species, 

A. brauntonii is self-fertile, and also 

produces seed through cross-pollination 

(Fotheringham and Keeley 1998). Insect 

visitors to A. brauntonii (i.e., likely 

pollinators) include megachilid bees 

(Family Megachilidae), and bumblebees 

(Family Apidae; Fotheringham and 

Keeley 1998). The resulting s eeds of A. 

brauntonii are enclosed in dense hairy 

pods, that may attach to the fur of 

mammals or automobile and bicycle 

tires, which may serve as a dispersal 

mechanism (B. Landis, pers. comm. 

2005). Insects, rodents, and other small 

mammals are known to eat seeds and 

other parts of the plant (B. Landis, in 

litt. 2005), and this may also disperse 

seeds. The seeds require heat or 

physical scarification (breaking, 

scratching, or mechanically altering the 

seed coat) to germinate, and 

disturbances such as fire, and rainfall or 

flooding, which ‘‘wash’’ the seeds 

downhill are known to stimulate 

germination (Fotheringham and Keeley 

1998). Human activities that disturb the 

soil such as mechanical scraping of soil 

(e.g., during road or trail maintenance) 

are also known to stimulate 

germination. The plants may produce a 

large number of seeds before dying back, 

depositing a seed ‘‘bank’’ in the soil that 

may remain dormant for many years 

until the next disturbance event. This 

aspect of their life history makes it 

difficult to determine the distribution 

and threats to the species. A portion of 

the habitat that is being proposed for 

designation in this rule was burned by 

wildfires during the month of October 

2005; the spring season of 2006 will 

offer an opportunity to survey some of 

these areas for post-fire germination of 

A. brauntonii. 

A. brauntonii occurs in very small 

populations in five disjunct geographic 

areas in Ventura, Los Angeles, and 

Orange Counties, California. These areas 

include: (1) Simi Hills in eastern 

Ventura and western Los Angeles 

Counties; (2) eastern Santa Monica 

Mountains in Los Angeles County; (3) 

western Santa Monica Mountains near 

Pacific Palisades, Los Angeles County; 

(4) San Gabriel Mountains in Monrovia, 

Los Angeles County; and (5) Santa Ana 

Mountains in Orange County. At the 

time of listing in 1997, there were 

approximately 13 known occurrences of 

A. brauntonii in four geographic areas 

(areas 1, 3, 4, and 5). Currently, there are 

20 known occurrences of A. brauntonii. 

Seven new occurrences were reported 

since the time of listing; six of these are 

in the Simi Hills (area 1), and one is in 

the eastern Santa Monica Mountains 

(area 2). The eastern Santa Monica 

Mountains occurrence, which 

represents a small range expansion for 

the species, was discovered along a 

ridgetop after a prescribed fire 

stimulated germination of dormant 

seeds, resulting in hundreds of plants. 

This population is approximately 8 

miles (mi) (13 kilometers (km)) from the 

nearest known occurrence, which only 

consisted of one plant last seen in 1984 

and is presumed to be extinct. 

The number of reported individual 

plants within each occurrence varies 

widely by year, with the largest number 

of individuals often reported soon after 

a disturbance and then declining until 

the next disturbance event. Land use 

activities that result in frequent 

disturbances, such as yearly road 

maintenance where plants occur, may 

contribute to the decline of populations 

by removing plants before they 

replenish the seed bank. Fire 

suppression may contribute to the 

decline of populations because they 

become crowded out by shrubs and 

nonnative plants. Other known threats 

to the species include cattle grazing and 

equestrian and foot traffic, which may 

result in trampling of plants. 

The most significant threat to the 

species, however, is direct loss of plants 

from urban development. Urban 

development also results in indirect 

effects to the species, including habitat 

fragmentation, which reduces gene flow 

between sites, reduction in insect 

pollinators, and increases in nonnative 

plants (Conservation Biology Institute 

2000). All known occurrences are in the 

direct vicinity of urban areas. Six of 

these occur on private lands, eight on 

local agency lands (city and regional 

parks), four on State lands (Topanga 

State Park, Chino Hills State Park, and 

Coal Canyon Ecological Reserve), and 

two on Federal lands (Santa Monica 

Mountains National Recreation Area). 

Pentachaeta lyonii is an annual herb 

in the Asteraceae (Sunflower family). Its 

yellow flower heads bloom in the late 

spring (April to June) on stems that 

grow up to 48 centimeters (cm) (18 

inches (in)) tall. It occurs in saddles 

between hills, on the tops of small 

knolls, or in flat areas at the base of 

slopes at elevations ranging from 280 to 

2,060 ft (85 to 628 m) (Fotheringham 

and Keeley 1998, CNDDB 2003). It 

occurs within pocket grasslands 

underlain by clay soils that mosaic with 

chaparral and coastal sage scrub 

communities that are fire-adapted, 

although seeds do not require firerelated cues (such as heat, smoke, and 

charates) to germinate (Keeley and BaerKeeley 1992, Keeley 1995). The 

chaparral and coastal sage scrub 

communities are similar to those 

described above for Astragalus 

brauntonii. The pocket grasslands are 

comprised of native and nonnative 

grasses including Nassella pulchra 

(purple needlegrass), Avena spp. (wild 

oat), and Bromus spp. (bromes); and 

herbs such as Brassica spp. (mustard), 

Erodium spp. (filaree), Stylocline spp. 

(nest straw), and Plantago erecta 

(plantain). 

Pentachaeta lyonii is selfincompatible, meaning that it is 

dependent on cross-pollination for 

effective seed set (Fotheringham and 

Keeley 1998). Known pollinators of P. 

lyonii include digger bees (Family 

Apidae), andrenid bees (Andrena sp.), 

and megachilid bees (Ashmeadiella 

californica californica); (Fotheringham 

and Keeley 1998, Braker and Verhoeven 

1998). The resulting single-seeded fruits 

have deciduous pappus which would 

limit their dispersal by wind; however, 

the fruits most likely are attractive to 

small mammals which could disperse 

them through caching. 

P. lyonii only occurs in the Santa 

Monica Mountains in eastern Ventura 

and western Los Angeles Counties and 

in the western Simi Hills in Ventura 

County. Based on historical records, it 

once occurred on the Palos Verdes 

Peninsula and on Santa Catalina Island; 

the species has not been seen at these 

locations since 1910 and 1855, 

respectively, and is assumed to be 

extirpated. At the time of listing in 

1997, there were 29 known occurrences 

of P. lyonii (62 FR 4172). Four of these 

are reported to have been extirpated 

since the time of listing, although the 

habitat remains (CNDDB 2005). Five 

new occurrences were reported since 

the time of listing; four of these are in 

the Santa Monica Mountains and one is 

in the western Simi Hills along Montclef 

Ridge. Currently, there are 30 known 

occurrences of P. lyonii, 21 of these are 

on private lands, eight on local agency 

lands (i.e., city and regional parks and 

a water district), and one on Federal 

lands (Santa Monica Mountains 

National Recreation Area). 

Alteration and destruction of habitat 

and direct removal of plants resulting 

from urban development remain the 

greatest threats to P. lyonii. Indirect 

effects of urban development include 

habitat fragmentation, which reduces 

gene flow between sites, reduction in 

insect pollinators, and changes to the 

structure and composition of pocket 

grassland communities that displace P. 

lyonii (i.e., introduction of competitive 

weeds, changes in local hydrology, and 

increased gopher activity) (Conservation 

Biology Institute 2000). Most of the 

known occurrences are in the direct 

Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 68985 

vicinity of urban areas, and the majority 

of plants occur on private lands. 

Previous Federal Actions 

For more information on previous 

Federal actions concerning A. 

brauntonii and P. lyonii, refer to the 

final listing rule published in the 

Federal Register on January 29, 1997 

(62 FR 4172). At the time of listing, we 

found the designation of critical habitat 

for both species to be not prudent. In 

September 1999, we published a 

recovery plan for A. brauntonii and P. 

lyonii (USFWS 1999). On January 27, 

2003, our decision not to designate 

critical habitat for A. brauntonii and P. 

lyonii was challenged in Center for 

Biological Diversity v. Norton (Case No. 

03–CV–0198–IEG (S.D.Cal.). On July 28, 

2003, the Court entered a settlement 

agreement, in which the Service agreed 

to submit for publication a proposal to 

withdraw the existing ‘‘not prudent’’

determination together with a new 

proposed critical habitat determination 

for both species by November 1, 2005. 

Prudency Determination 

Section 4(a)(3) of the Act and its 

implementing regulations (50 CFR 

424.12) require that, to the maximum 

extent prudent and determinable, we 

designate critical habitat at the time a 

species is listed as endangered or 

threatened. Our regulations at 50 CFR 

424.12(a)(1) state that the designation of 

critical habitat is not prudent when one 

or both of the following situations exist: 

(1) the species is threatened by taking or 

other activity and the identification of 

critical habitat can be expected to 

increase the degree of threat to the 

species or (2) such designation of 

critical habitat would not be beneficial 

to the species. In our January 29, 1997, 

final rule (62 FR 4172), we determined 

that designation of critical habitat for A. 

brauntonii and P. lyonii was not 

prudent based on the first reason. 

Specifically, we stated that publication 

of precise maps and descriptions of 

critical habitat would make these plants 

more vulnerable to incidents of 

vandalism which could contribute to 

the decline of the species; therefore, 

such designation would provide little 

conservation benefit over that provided 

by listing. 

In addition, for A. brauntonii, we 

stated that designation of critical habitat 

could lead to overcollection by curiosity 

seekers as a result of increased 

publicity, especially because its striking 

appearance makes it vulnerable to 

casual collection. However, in the past 

few years, several of our determinations 

that the designation of critical habitat 

would not be prudent have been 

overturned by court decisions. For 

example, in Conservation Council for 

Hawaii v. Babbitt, the United States 

District Court for the District of Hawaii 

ruled that the Service could not rely on 

the ‘‘increased threat’’ rationale for a 

‘‘not prudent’’ determination without 

specific evidence of the threat to the 

species at issue (2 F. Supp. 2d 1280 [D. 

Hawaii 1998]). Additionally, in Natural 

Resources Defense Council v. U.S. 

Department of the Interior, the United 

States Court of Appeals for the Ninth 

Circuit ruled that the Service must 

balance, in order to invoke the 

‘‘increased threat rationale,’’ the threat 

against the benefit to the species of 

designating critical habitat (113 F. 3d 

1121, 1125 [9th Cir. 1997]). 

We have reconsidered our evaluation 

of the threats posed by vandalism and 

overcollection in the prudency 

determination. Since the time of listing 

in 1997, we have gathered information 

indicating that populations of A. 

brauntonii and P. lyonii continue to be 

directly and indirectly affected by 

destruction and alteration of habitat due 

to residential development. However, 

we have no credible information that 

these two species have been threatened 

from vandalism and overcollection. 

Accordingly, we withdraw our previous 

determination that the designation of 

critical habitat is not prudent for A. 

brauntonii and P. lyonii. We determine 

that the designation of critical habitat is 

prudent for A. brauntonii and P. lyonii. 

At this time, we have sufficient 

information necessary to identify 

specific areas which contain features 

essential to the conservation of the two 

species and are therefore proposing 

critical habitat (see ‘‘Methods’’ sections 

below for a discussion of information 

used in our reevaluation). 

Critical Habitat 

Critical habitat is defined in section 3 

of the Act as—(i) the specific areas 

within the geographical area occupied 

by a species, at the time it is listed in 

accordance with the Act, on which are 

found those physical or biological 

features (I) that are essential to the 

conservation of the species and (II) 

which may require special management 

considerations or protection; and (ii) 

specific areas outside the geographical 

area occupied by a species at the time 

it is listed, upon a determination that 

such areas have features that 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 

necessary life cycle needs of the species 

(i.e., areas on which are found the 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 thereon may 

require special management or 

protection. Thus, we do not include 

areas where existing management is 

sufficient to conserve the species. (As 

discussed below, such areas may also be 

excluded from critical habitat 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 

geographical area occupied by the 

species at the time of listing. An area 

currently occupied by the species but 

that was not known to be occupied at 

the time of listing will likely have 

features that are essential to the 

conservation of the species and, 

therefore, will be included in the critical 

habitat designation. 

The Service’s Policy on Information 

Standards Under the Endangered 

Species Act, published in the Federal 

Register on July 1, 1994 (59 FR 34271), 

and Section 515 of the Treasury and 

General Government Appropriations 

Act for Fiscal Year 2001 (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 

68986 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 

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 

are critical habitat, a primary source of 

information is generally the listing 

package for the species. Additional 

information sources include the 

recovery plan for the species, articles in 

peer-reviewed journals, conservation 

plans developed by States and counties, 

scientific status surveys and studies, 

biological assessments, or other 

unpublished materials and expert 

opinion or personal knowledge. All 

information is used in accordance with 

the provisions of Section 515 of the 

Treasury and General Government 

Appropriations Act for Fiscal Year 2001 

(Pub. L. 106–554; H.R. 5658) and the 

associated Information Quality 

Guidelines issued by the Service. 

Section 4 of the Act requires that we 

designate critical habitat on the basis of 

the best scientific data available. Habitat 

is often dynamic, and species may move 

from one area to another over time. 

Furthermore, we recognize that 

designation of critical habitat may not 

include all of the habitat areas that may 

eventually be determined to be 

necessary for the recovery of the 

species. For these reasons, critical 

habitat designations do not signal that 

habitat outside the designation is 

unimportant or may not be required for 

recovery. 

Areas that support populations, but 

are outside the critical habitat 

designation, will continue to be subject 

to conservation actions implemented 

under section 7(a)(1) of the Act and to 

the regulatory protections afforded by 

the section 7(a)(2) jeopardy standard, as 

determined on the basis of the best 

available information at the time of the 

action. Federally funded or permitted 

projects affecting listed species outside 

their designated critical habitat areas 

may still result in jeopardy findings in 

some cases. Similarly, critical habitat 

designations made on the basis of the 

best available information at the time of 

designation will not control the 

direction and substance of future 

recovery plans, habitat conservation 

plans, or other species conservation 

planning efforts if new information 

available to these planning efforts calls 

for a different outcome. 

Methods 

As required by section 4(b)(1)(A) of 

the Act, we used the best scientific and 

commercial data available in 

determining areas that contain the 

features that are essential to the 

conservation of A. brauntonii and P. 

lyonii. We have also reviewed available 

information that pertains to the habitat 

requirements of these species. This 

includes information from Service 

documents, including the final rule 

listing these taxa as endangered (62 FR 

4172; January 29, 1997) and the 

recovery plan (USFWS 1999); 

information from the California Natural 

Diversity Database (CNDDB 2003); data 

in reports submitted during section 7 

consultations and by biologists holding 

section 10(a)(1)(A) recovery permits; 

recent biological surveys; regional 

Geographic Information Systems (GIS) 

coverages; information from research 

published in peer-reviewed articles and 

presented in agency reports; aerial 

photos; and discussions with botanical 

experts. We designated no areas outside 

the geographic area presently occupied 

by the species. 

We used agency and academic reports 

to describe the ecology, habitat, and 

pollination biology of A. brauntonii and 

other related Astragalus species (Carroll 

1987; Karron 1987; Fotheringham and 

Keeley 1998; Gathmann and Tscharntke 

2002). We used agency and academic 

reports to describe the ecology, habitat, 

and pollination biology of P. lyonii 

(Belnap 1990; Keeley and Baer-Keeley 

1992; Keeley 1995; Braker and 

Verhoeven 1998; Fotheringham and 

Keeley 1998; Gathmann and Tscharntke 

2002). 

We also reviewed the criteria by 

which the Service identified in the final 

recovery plan that A. brauntonii and P. 

lyonii would be conserved to the point 

at which the protections of the Act are 

no longer necessary (Service 1999). The 

criteria for delisting A. brauntonii 

include: (1) full protection and 

management of all sites that were 

known at the time of listing with the 

primary intention of preserving the 

populations in perpetuity; (2) seed 

collected from all populations is stored 

at a certified Center for Plant 

conservation botanical garden; (3) 

reliable seed germination and 

propagation techniques for the species 

are understood; and (4) monitoring 

shows that populations are selfsustaining over a minimum of 15 years 

or longer. 

The criteria for delisting P. lyonii 

include: (1) Full protection and 

management of 20 populations of 10,000 

individuals or more with the primary 

intention of preserving the populations 

in perpetuity; (2) monitoring shows that 

populations are self-sustaining over a 

minimum of 15 years or longer; (3) seed 

collected from all populations is stored 

at a certified Center for Plant 

Conservation botanic garden; and (4) 

reliable seed germination and 

propagation techniques for the species 

are understood. 

Primary Constituent Elements 

The Service below identifies those 

essential physical and biological 

features necessary to bring A. brauntonii 

and P. lyonii to the point where the 

protections of the Act are no longer 

necessary. 

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 

designations on the best scientific data 

available and to consider 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 and 

protection. These include, but are not 

limited to: space for individual and 

population growth and for normal 

behavior; food, water, air, light, 

minerals, or other nutritional or 

physiological requirements; cover or 

shelter; sites for breeding, reproduction, 

and rearing (or development) of 

offspring; and habitats that are protected 

from disturbance or are representative of 

the historic geographical and ecological 

distribution of a species. 

The specific PCEs required for A. 

brauntonii and P. lyonii habitat are 

derived from the physical and biological 

features that are essential to the 

conservation of a species as described 

below. 

Astragalus brauntonii 

Space for Individual and Population 

Growth, Including Sites for 

Germination, Pollination, Reproduction, 

and Seed Bank 

Where a dormant seed bank is 

present, A. brauntonii establishes 

quickly after disturbance events that 

remove other plant competitors and 

stimulate dormant seeds to germinate 

(Fotheringham and Keeley 1998). 

Individual plants have a lifespan of two 

to three years, although some 

individuals may live up to five years, 

and then plants may not be visible again 

until the next disturbance event 

(Fotheringham and Keeley 1998). 

Insect pollinators of A. brauntonii are 

polylectic, meaning that they utilize 

several plant species within an area 

(Karron 1987), and may need a variety 

of plants to sustain populations of 

pollinators. Insect visitors include 

megachilid bees and bumblebees 

(Fotheringham and Keeley 1998). 

Gathmann and Tscharntke (2002) 

determined that maximum foraging 

Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 68987 

distance of several species of solitary 

bees was positively correlated with 

body length. The body length of 

megachilid bees ranges 6–12 millimeters 

(mm) (0.24–0.47 in). Based on the linear 

regression model calculated by 

Gathmann and Tscharntke (2002), the 

maximum foraging distance of 

megachilid bees is 150–600 m (492–

1,968 ft). The body length of 

bumblebees (Bombus sp.) ranges 13–25 

mm (0.51–0.98 in), giving them a 

maximum foraging distance of 600–

1,200 m (1,968–3,937 ft) (Gathmann and 

Tscharntke 2002). 

Areas That Provide the Basic 

Requirements for Growth (Such as 

Water, Light, and Minerals) 

A. brauntonii may be limited to 

carbonate limestone soils derived from 

marine substrates (Mistretta 1992, 

Fotheringham and Keeley 1998, Betsey 

Landis, California Native Plant Society, 

in litt. 2005). It occasionally occurs on 

non-carbonate soils at down-wash sites 

near other known occurrences, although 

survivorship of plants may be reduced 

on non-carbonate soils (Fotheringham 

and Keeley 1998; B. Landis, in litt. 

2005). 

Habitat of A. brauntonii has been 

described as scrub dominated by 

chaparral with a high overall percentage 

(<80%) of vegetative cover, however, 

the species does not tolerate shading 

and is associated with bare ground 

directly around the plant (Carroll 1987, 

Fotheringham and Keeley 1998). 

Common species associated with 

chaparral communities in this region of 

California are chamise (Adenostoma 

fasciculatum), California lilacs 

(Ceanothus spp.), manzanitas 

(Arctostaphylos spp.), sages (Salvia 

spp.), California buckwheat (Eriogonum 

fasciculatum), laurel sumac (Malosma 

laurina), sugar bush (Rhus ovata), and 

yucca (Yucca whipplei) (Hanes 1988). 

Common species associated with coastal 

sage scrub are California sagebrush 

(Artemisia californica), sages, California 

buckwheat, lemonade berry (Rhus 

integrifolia), encelia (Encelia 

californica), and goldenbush (Isocoma 

menziesii) (Mooney 1988). It may persist 

on sites where microsite conditions 

inhibit or are hostile to shrub growth, or 

it may be gradually crowded out by 

more robust and tough-woody chaparral 

plants until the next disturbance event 

that removes plant cover (Carroll 1987, 

Fotheringham and Keeley 1998). 

Based on our current knowledge of 

the life history, biology, and ecology of 

the species and the requirements of the 

habitat to sustain the essential life 

history functions of the species, we have 

determined that the PCEs of critical 

habitat for A. brauntonii are: 

(1) Carbonate limestone soils derived 

from marine sediment; 

(2) Low proportion (<10%) of shrub 

cover directly around the plant; and 

(3) Periodic disturbances that 

stimulate seed germination (e.g., fire, 

flooding) and reduce vegetative cover. 

Pentachaeta lyonii 

Space for Individual and Population 

Growth, Including Sites for 

Germination, Pollination, Reproduction, 

and Seed Bank 

P. lyonii is an annual plant that may 

exhibit large fluctuations in population 

size between years (Keeley and BaerKeeley 1992). Population boundaries are 

also known to exhibit annual 

fluctuations, although the plants may 

generally remain within core areas that 

contain suitable microsite 

characteristics (Keeley and Baer-Keeley 

1992). The presence of deciduous 

pappus bristles on the seeds indicates 

that the plant does not exhibit longdistance dispersal by wind, as do many 

other species in this family, reducing 

the likelihood of colonization of new 

areas and contributing to the limited 

distribution (Keeley and Baer-Keeley 

1992; Fotheringham and Keeley 1998). 

P. lyonii seeds may persist in the soil 

during dry spells, although the species 

does not maintain a long-term seed bank 

(Fotheringham and Keeley 1998) 

because the seeds are small and do not 

contain large reserves of endosperm 

(energy source) to support the embryo 

until later germination. 

P. lyonii is not capable of selfpollination, but is dependent upon 

insect pollinators for successful seed 

production (Fotheringham and Keeley 

1998). Pollinators of P. lyonii include 

digger bees, andrenid bees, and 

megachilid bees (Braken and Verhoeven 

1998; Fotheringham and Keeley 1998). 

These insect pollinators are polylectic, 

meaning that they utilize several plant 

species within an area (Braken and 

Verhoeven 1998), and may need a 

variety of plants to sustain populations 

of pollinators. Based on the linear 

regression model calculated by 

Gathmann and Tscharntke (2002), the 

maximum foraging distance of digger 

bees (body length 13–19 mm; 0.51–0.75 

in) is approximately 600 m (1,968 ft), 

and the maximum foraging distance of 

megachilid bees (body length 6–12 mm; 

0.24–0.47 in) is 150–600 m (492–1,968 

ft). The maximum foraging distance of 

andrenid bees is 260–500 m (853–1,640 

ft) (Gathmann and Tscharntke 2002). 

Areas That Provide the Basic 

Requirements for Growth (Such as 

Water, Light, and Minerals) 

P. lyonii tends to occur on rocky clay 

soils of volcanic origin (Baier & 

Associates 1991; Impact Sciences 2003). 

It has been recorded in areas with a 

large percentage of bare ground (>60%), 

a low proportion of vegetative cover 

(<25%), and it does not compete well 

with dense annual grasses or shrubs 

(Keeley 1995, Fotheringham and Keeley 

1998). P. lyonii will persist in stable 

populations without disturbance if site 

conditions such as exposed soils that 

exhibit a microbiotic crust (Belnap 

1990) inhibit invasion by shrubs and 

annual grasses, or it may require 

periodic disturbances to remove plant 

competitors (Fotheringham and Keeley 

1998). The chaparral and coastal sage 

plant communities are described in the 

background section of this rule. The 

pocket grasslands within these shrub 

communities that support P. lyonii are 

comprised of native and nonnative 

grasses, including purple needlegrass 

(Nassella pulchra), wild oat (Avena 

spp.), and bromes (Bromus spp.); as well 

as a variety of herbs (see Background 

section). 

Based on our current knowledge of 

the life history, biology, and ecology of 

the species and the requirements of the 

habitat to sustain the essential life 

history functions of the species, we have 

determined that the PCEs of P. lyonii 

are: 

(1) Clay soils of volcanic origin; 

(2) Exposed soils that exhibit a 

microbiotic crust which may inhibit 

invasion by other plant competitors; and 

(3) Low proportion of total vegetative 

cover (<25%). 

Criteria Used To Identify Critical 

Habitat 

We are proposing to designate critical 

habitat on lands that were occupied at 

the time of listing and contain the PCEs 

that have features that are essential to 

the conservation of A. brauntonii and P. 

lyonii. In a few instances, we are also 

proposing to designate occupied areas 

that were identified after listing, but that 

we have determined to be essential to 

the conservation of A. brauntonii and P. 

lyonii. 

Astragalus brauntonii 

The long-term probability of the 

conservation of A. brauntonii is 

dependent upon the protection of 

existing population sites and 

surrounding areas that may contain a 

dormant seed bank, and the 

maintenance of ecologic functions 

within and between sites. Important 

ecologic functions include connectivity 

68988 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 

between populations within close 

geographic proximity to facilitate 

pollinator activity, habitat of sufficient 

size and quality to maintain pollinators 

and seed dispersers, and the ability to 

allow or manage for appropriate 

periodic ground disturbances in order to 

stimulate dormant seeds within the soil 

to germinate. 

All known occurrences of A. 

brauntonii were selected because they 

are essential to the conservation of the 

species. Plants only occur in very small 

populations in disjunct areas, making 

the species particularly vulnerable to 

extinction because a population that 

becomes extirpated is unlikely to 

reestablish from other areas. 

We used a multi-step process to map 

proposed critical habitat units. First, we 

mapped all CNDDB records of A. 

brauntonii in a GIS format. These data 

consist of polygons depicting the results 

of field surveys for A. brauntonii. 

Additional records from recent surveys 

that are not in the CNDDB database 

were also mapped in a GIS format. We 

then expanded the boundaries of these 

mapped locations outward from the 

edge of each population by a distance of 

300 m (984 ft) to provide for pollinator 

habitat and support associated 

pollinator species. Studies by SteffanDewenter and Tscharnthke (1999) have 

shown that if pollinator habitat within 

1,000 m (3,280 ft) of some host plants 

is eliminated, seed set of some plant 

species may be decreased by as much as 

50 percent. Additional studies have 

shown that degradation of pollinator 

habitat is likely to have a negative effect 

on pollinator species (Jennersten 1988; 

Rathcke and Jules 1993). Using a 

distance of 300 m (984 ft) around each 

population, the minimum distance from 

one edge of the proposed habitat to the 

other would be 600 m (1,968 ft). As 

discussed in the PCEs section, known 

pollinators of A. brauntonii include 

megachilid bees and bumblebees. Based 

on body length, foraging ranges are 

approximately 150–600 m (492–1,968 ft) 

for megachilid bees and 600–1,200 m 

(1,968–3,937 ft) for bumblebees 

(Gathmann and Tscharntke 2002). We 

chose 600 m (1,968 ft) as the minimum 

distance from one edge of the habitat to 

the other as necessary to support both 

megachilid bees and bumblebees 

because 600 m is the minimum foraging 

range for bumblebees, and megachilid 

bees also fall within this foraging range. 

Because A. brauntonii seeds can be 

dormant for long periods of time, this 

approach may also include areas where 

an unknown seed bank occurs. 

Then, we connected areas that were 

within 600 m (1,968 ft) of each other 

because it is the distance between 

populations that could be traversed by 

important insect pollinators. We did 

this to facilitate genetic exchange and 

connectivity between populations. Plant 

communities between these areas would 

also support insect pollinators and seed 

dispersers of A. brauntonii, and may 

also contain unknown A. brauntonii 

plants and/or a dormant seed bank. 

The proposed critical habitat is 

designed to provide sufficient habitat to 

maintain self-sustaining populations of 

A. brauntonii throughout its range and 

provide those habitat components that 

have features that are essential for the 

conservation of the species. These 

habitat components provide for: (1) 

individual and population growth, 

including sites for germination, 

pollination, reproduction, pollen and 

seed dispersal, and seed bank; (2) 

intervening areas that allow gene flow 

and provide connectivity between 

occupied areas; and (3) areas that 

provide basic requirements for growth, 

such as appropriate soil type and 

vegetative cover. 

Pentachaeta lyonii 

The long-term probability of the 

conservation of P. lyonii is dependent 

upon the protection of existing 

population sites and surrounding areas, 

and the maintenance of ecologic 

functions such as connectivity between 

populations within close geographic 

proximity to facilitate pollinator 

activity. Extant occurrences not known 

to be occupied at the time of listing of 

P. lyonii were selected as essential to the 

conservation of the species because the 

plant exhibits large annual fluctuations 

in population size, and there is no 

evidence that it maintains a dormant 

seed bank, making it particularly 

vulnerable to extinction. 

We used a multi-step process to map 

proposed critical habitat units. First, we 

mapped all CNDDB records of P. lyonii 

in a GIS format. These data consist of 

polygons depicting the results of field 

surveys for P. lyonii. Additional records 

from recent surveys that are not in the 

CNDDB database were also mapped in 

a GIS format. We then expanded the 

boundaries of these mapped locations 

outward from the edge of each 

population by a distance of 300 m (984 

ft) to provide for pollinator habitat and 

support associated pollinator species. 

Using a distance of 300 m (984 ft) 

around each population, the minimum 

distance from one edge of the proposed 

habitat to the other would be 600 m 

(1,968 ft). As discussed in the PCEs 

section, known pollinators of P. lyonii 

include digger bees, megachilid bees 

and andrenid bees. Based on body 

length, foraging ranges are 

approximately 600 m (1,968 ft) for 

digger bees, 150–600 m (492–1,968 ft) 

for megachilid bees and 260–500 m 

(853–1,640 ft) for andrenid bees 

(Gathmann and Tscharntke 2002). We 

chose 600 m (1,968 ft) as the minimum 

distance from one edge of the habitat to 

the other as necessary to support all of 

the associated insect pollinators because 

600 m is the foraging range for digger 

bees, and megachilid bees and andrenid 

bees also fall within this foraging range. 

Population boundaries are known to 

fluctuate, so this approach may also 

include areas into which populations 

could expand. 

Then, we connected areas that were 

within 600 m (1,968 ft) of each other 

because it is the distance between 

populations that could be traversed by 

important insect pollinators. We did 

this to facilitate genetic exchange and 

connectivity between populations. Plant 

communities between these areas would 

also support insect pollinators of P. 

lyonii, and may also contain unknown 

P. lyonii plants. 

The proposed critical habitat is 

designed to provide sufficient habitat to 

maintain self-sustaining populations of 

P. lyonii throughout its range and 

provide those habitat components that 

have features that are essential for the 

conservation of the species. These 

habitat components provide for: (1) 

Individual and population growth, 

including sites for germination, 

pollination, reproduction, pollen and 

seed dispersal, and seed bank; (2) 

intervening areas that allow gene flow 

and provide connectivity between 

occupied areas; and (3) areas that 

provide basic requirements for growth, 

such as appropriate soil type and 

vegetative cover. 

Section 10(a)(1)(B) of the Act 

authorizes us to issue permits for the 

take of listed species incidental to 

otherwise lawful activities. An 

incidental take permit application must 

be supported by a habitat conservation 

plan (HCP) that identifies conservation 

measures that the permittee agrees to 

implement for the species to minimize 

and mitigate the impacts of the 

requested incidental take. We often 

exclude non-Federal public lands and 

private lands that are covered by an 

existing operative HCP and executed 

implementation agreement (IA) under 

section 10(a)(1)(B) of the Act from 

designated critical habitat because the 

benefits of exclusion outweigh the 

benefits of inclusion as discussed in 

section 4(b)(2) of the Act. We are aware 

of some efforts to conserve habitat for 

these species. However, at this point in 

time, we are unaware of any completed 

HCPs that have been done within the 

Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 68989 

areas that we are proposing for critical 

habitat. Before completion of the final 

rule, however, we will evaluate any 

HCPs brought to our attention during 

the comment period. 

When determining proposed critical 

habitat boundaries, we made every 

effort to avoid proposing the designation 

of developed areas such as buildings, 

paved areas, boat ramps and other 

structures that lack PCEs for A. 

brauntonii and P. lyonii. Any such 

structures inadvertently left inside 

proposed critical habitat boundaries are 

not considered part of the proposed 

unit. This also applies to the land on 

which such structures sit directly. 

Therefore, Federal actions limited to 

these areas would not trigger section 7 

consultations unless they affect the 

species and/or PCEs in adjacent critical 

habitat. 

Special Management Considerations or 

Protections 

When designating critical habitat, we 

assess whether the areas determined to 

be occupied at the time of listing and 

which contain the PCEs may require 

special management considerations or 

protections. We have also considered 

how designation highlights habitat that 

needs special management 

consideration or protection. 

Many of the known occurrences of A. 

brauntonii and P. lyonii are threatened 

by direct and indirect effects from 

habitat fragmentation and loss resulting 

from urban development. Threats to A. 

brauntonii include road maintenance, 

weed control, and fire suppression, 

which could result in improper 

disturbance frequencies, competition 

from nonnative plant species, cattle 

grazing, and recreation activities such as 

off-road vehicle use and equestrian and 

foot traffic. Threats to P. lyonii include 

weed control, mowing, and discing 

associated with fire suppression 

activities, competition from nonnative 

plant species, cattle grazing, and 

recreation activities such as off-road 

vehicle use and equestrian and foot 

traffic. These threats may require special 

management. 

Proposed Critical Habitat Designation 

Astragalus brauntonii 

We are proposing six units as critical 

habitat for A. brauntonii. The critical 

habitat areas described below constitute 

our best assessment at this time of areas 

determined to be occupied at the time 

of listing, contain the PCEs and that may 

require special management, and those 

additional areas that were not occupied 

at the time of listing but were found to 

be essential to the conservation of A. 

brauntonii. The units proposed as 

critical habitat are listed in Table 1 

below: 

TABLE 1.—CRITICAL HABITAT UNITS PROPOSED FOR ASTRAGALUS BRAUNTONII

[Area estimates reflect all land within critical habitat boundaries, acres (ac) (hectares (ha))] 

Critical habitat unit and subunit Federal State Local agency Private Total 

Unit 1: Northern Simi Hills (Ventura 

Co.) ..................................................... 0 ac (0 ha) 0 (0) 10 (4) 461 (187) 471 (191) 

Unit 1a ............................................ 0 (0) 0 (0) 10 (4) 186 (75) 196 (79) 

Unit 1b ............................................ 0 (0) 0 (0) 0 (0) 80 (32) 80 (32) 

Unit 1c ............................................. 0 (0) 0 (0) 0 (0) 118 (48) 118 (48) 

Unit 1d ............................................ 0 (0) 0 (0) 0 (0) 77 (32) 77 (32) 

Unit 2: Southern Simi Hills (Ventura and 

Los Angeles Co.) ............................... 211 (85) 0 (0) 386 (156.5) 531 (214) 1,128 (455.5) 

Unit 2a ............................................ 0 (0) 0 (0) 235 (95) 217 (88) 452 (183) 

Unit 2b ............................................ 0 (0) 0 (0) 1 (0.5) 0 (0) 1 (0.5) 

Unit 2c ............................................. 0 (0) 0 (0) 150 (61) 23 (9) 173 (70) 

Unit 2d ............................................ 121 (49) 0 (0) 0 (0) 0 (0) 121 (49) 

Unit 2e ............................................ 90 (36) 0 (0) 0 (0) 67 (27) 157 (63) 

Unit 2f ............................................. 0 (0) 0 (0) 0 (0) 224 (90) 224 (90) 

Unit 3: Santa Monica Mountains (Los 

Angeles Co.) ...................................... 183 (74) 0 (0) 0 (0) 60 (24) 243 (98) 

Unit 4: Pacific Palisades Unit (Los Angeles Co.) ........................................... 0 (0) 485 (196) 0 (0) 92 (37) 577 (233) 

Unit 5: Monrovia (Los Angeles Co.) ...... 0 (0) 0 (0) 267 (108) 64 (26) 331 (134) 

Unit 6: Coal Canyon (Orange Co.) ........ 0 (0) 632 (256) 0 (0) 257 (104) 889 (360) 

Total ......................................... 394 (159) 1,117 (452) 663 (268.5) 1,465 (592) 3,639 (1,471.5) 

We present brief descriptions of all 

units, and reasons why they have the 

features that are essential for the 

conservation of A. brauntonii, below. 

Unit 1: Northern Simi Hills Unit 

This unit is located south of Simi 

Valley in the northern Simi Hills in 

Ventura County and consists of 10 ac (4 

ha) of local agency land (Rancho Simi 

Parks and Recreation Department) and 

460 ac (186 ha) of private lands. It is 

divided into four subunits mapped from 

occurrences, all of which were 

identified after the time of listing; they 

all occur within 1.5 mi (2.5 km) of each 

other. This unit, inclusive of the four 

subunits, is located within the same 

physiographic area (the Simi Hills) as 

Unit 2, which is comprised of sites that 

were known to support A. brauntonii at 

the time of listing. Unit 1 represents a 

slightly northward range expansion of 

the species (2.1 mi (3.3 km) to the 

north), which is essential because the 

entire range of the species should be 

included to prevent range collapse of 

the species. These subunits contain 

features that are essential to the 

conservation of the species, specifically 

habitat that provides the space for A. 

brauntonii to complete its life cycle, 

including germination, reproduction, 

and storage of a seed bank. All four 

subunits are now known to be occupied. 

Threats that may require special 

management in this unit include road 

maintenance, which could result in 

disturbances that are too frequent, 

preventing establishment or 

replenishment of the seed bank, or fire 

suppression, that could result in 

disturbances that are too infrequent and 

thereby does not allow the removal of 

the shrub cover that is preventing 

germination of new plants. Other threats 

which may require special management 

include invasion of nonnative plants 

68990 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 

which could crowd out A. brauntonii, 

cattle grazing, and recreation activities 

such as equestrian and foot traffic, 

which could result in trampling of 

plants. 

Subunit 1a: This subunit consists of 

10 ac (4 ha) of local agency land in 

Challenger Park owned by Rancho Simi 

Parks and Recreation Department and 

186 ac (75 ha) of private land. It occurs 

along Bus Canyon. This subunit 

contains at least three of the PCEs (2, 3, 

and 4); it is unknown if it contains PCE 

1. This subunit is essential because A. 

brauntonii is extremely limited in 

distribution and has a very small overall 

population size, making it necessary to 

include every known occurrence. This 

subunit supports a population as 

evidenced by three plants that were 

observed in three separate locations in 

1998. 

Subunit 1b: This subunit consists of 

80 ac (32 ha) of private land that may 

be threatened by urban development. It 

occurs near the end of Peter Place Road 

in Simi Valley, which is north of Bus 

Canyon at the edge of an urban 

development. This subunit contains at 

least three of the PCEs (2, 3, and 4); it 

is unknown if it contains PCE 1. This 

subunit is essential because A. 

brauntonii is extremely limited in 

distribution and has a very small overall 

population size, making it necessary to 

include every known occurrence. This 

subunit supports a population of at least 

three plants that were observed in 2000. 

Subunit 1c: This subunit consists of 

118 ac (48 ha) of private land within 

dedicated open space managed by the 

Bridle Path Homeowner’s Association. It 

occurs along a ridge between Bus 

Canyon and Runkel Canyon above a fire 

road. This subunit contains all four of 

the PCEs. This subunit is essential 

because A. brauntonii is extremely 

limited in distribution and has a very 

small overall population size, making it 

necessary to include every known 

occurrence. This subunit supports a 

population of approximately 66 plants 

observed in 2004. 

Subunit 1d: This subunit consists of 

77 ac (32 ha) of private land owned by 

Rocketdyne. This subunits contains at 

least three of the PCEs (2, 3, and 4); it 

is unknown if it contains PCE 1. This 

subunit is essential because A. 

brauntonii is extremely limited in 

distribution and has a very small overall 

population size, making it necessary to 

include every known occurrence. This 

subunit supports a population of at least 

three plants found in a single location. 

Unit 2: Southern Simi Hills Unit 

This unit is located along the 

southern Simi Hills in Ventura and Los 

Angeles Counties and consists of 211 ac 

(85 ha) of Federal lands, 386 ac (156.5 

ha) of local agency lands (Conejo Open 

Space Conservation Authority (COSCA), 

City of Thousand Oaks, and Rancho 

Simi Parks and Recreation Department), 

and 531 ac (214 ha) of private land. This 

unit is divided into six subunits 

mapped from records known at the time 

of listing and occurrences identified 

after listing. These subunits are all 

within 3.2 mi (5.2 km) of each other and 

occur along the southern perimeter of 

the geologic Chatsworth Formation. 

Overall, these subunits provide 

connectivity between several 

occurrences known at the time of 

listing, and represent the southernmost 

portion of the species’ range within the 

Simi Hills. Threats that may require 

special management in this unit include 

road and trail maintenance that could 

result in disturbances that are too 

frequent, preventing establishment or 

replenishment of the seed bank, or fire 

suppression, which could result in 

disturbances that are too infrequent, 

preventing germination of new plants. 

Other threats which may require special 

management include invasion of shrubs 

and nonnative plants, which could 

crowd out A. brauntonii, edge effects 

from urban development, and recreation 

activities such as off-road vehicles and 

equestrian and foot traffic, which could 

result in trampling of plants. 

Subunit 2a: This subunit consists of 

235 ac (95 ha) of local agency lands 

designated as open space in Oak Brook 

Regional Park and owned and managed 

by COSCA, and 217 ac (88 ha) of private 

land. It includes small numbers of 

plants found in several locations along 

a ridge; we believe a seed bank exists 

within and between known occurrences 

because the locations are near to each 

other (e.g., 98–3,200 ft (30–970 m)) and 

the habitat is contiguous between them. 

This subunit contains all four of the 

PCEs. This subunit is mapped from 

occurrences known at the time of 

listing. Threats that may require special 

management in this unit include road 

and trail maintenance that could result 

in disturbances that are too frequent, 

preventing establishment or 

replenishment of the seed bank, or fire 

suppression, which could result in 

disturbances that are too infrequent, 

preventing germination of new plants. 

Other threats which may require special 

management include invasion of shrubs 

and nonnative plants, which could 

crowd out A. brauntonii, edge effects 

from urban development, and recreation 

activities such as foot traffic which 

could result in trampling of plants. 

Subunit 2b: This subunit consists of 1 

ac (0.5 ha) of local agency land owned 

by the City of Thousand Oaks. It is 

mapped from an occurrence identified 

after listing. This subunit occurs within 

a Southern California Edison easement 

and adjacent to a trail in Conejo Open 

Space District surrounded by a 

residential neighborhood. This subunit 

is essential because A. brauntonii is 

extremely limited in distribution and 

has a very small overall population size, 

making it necessary to include every 

known occurrence. This subunit 

contains all four of the PCEs. Despite 

the small size of the subunit, it contains 

a relatively large population of A. 

brauntonii; approximately 68 plants 

were observed at this location in 2003. 

The population is enclosed by 

permanent fencing, and the area 

receives periodic vegetation clearing for 

fire control. 

Subunit 2c: This subunit consists of 

150 ac (61 ha) of local agency land in 

Oak Park Community Park owned and 

managed by Rancho Simi Parks and 

Recreation Department, and 23 ac (9 ha) 

of private land. This subunit is mapped 

from an occurrence known at the time 

of listing. This subunit contains all four 

of the PCEs. It includes plants found in 

several locations along both sides of 

Medea Creek and contains a relatively 

large area; we believe it also contains a 

seed bank because the locations are near 

to each other (< 910 ft (280 m)) and 

some of the habitat is contiguous 

between them. Approximately 400 

plants were observed in this area in 

1993, although few plants have been 

observed since then. This subunit is 

threatened by additional park 

development, which may require 

special management. 

Subunit 2d: This subunit consists of 

121 ac (49 ha) of Federal land within the 

Santa Monica Mountains National 

Recreation Area. It includes plants that 

were found at two separate locations on 

both sides of Palo Comado Canyon, and 

is mapped from an occurrence known at 

the time of listing. Fewer than 30 plants 

were observed in this area in 1987, and 

fewer than 10 plants at a time have been 

observed since then. This subunit 

contains all four of the PCEs. Threats 

that may require special management in 

this unit include road and trail 

maintenance that could result in 

disturbances that are too frequent, 

preventing establishment or 

replenishment of the seed bank, or fire 

suppression, which could result in 

disturbances that are too infrequent, 

preventing germination of new plants. 

Other threats which may require special 

management include invasion of shrubs 

and nonnative plants, which could 

crowd out A. brauntonii, and recreation 

Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 68991 

activities such as foot traffic which 

could result in trampling of plants. 

Subunit 2e: This subunit consists of 

90 ac (36 ha) of Federal land within the 

Santa Monica Mountains National 

Recreation Area, and 67 ac (27 ha) of 

private land owned and managed as 

open space by Santa Monica Mountains 

Conservancy. This subunit is located on 

the east side of Cheseboro Canyon in an 

area that is relatively isolated from 

urban development. It is mapped from 

an occurrence identified after listing. 

This subunit is essential because A. 

brauntonii is extremely limited in 

distribution and has a very small overall 

population size, making it necessary to 

include every known occurrence. This 

subunit supports a population of 

approximately 30 plants that were 

observed at this location in 2000 and 

contains all four of the PCEs. 

Subunit 2f: This subunit consists of 

224 ac (90 ha) of private land located 

east of the City of Chatsworth along 

Dayton Canyon in the eastern Simi 

Hills. It includes plants that were found 

in two separate locations that are within 

0.5 mi (752 m) of each other, and is 

mapped from occurrences known at the 

time of listing and occurrences found 

since the time of listing. A portion of 

one of the populations was removed 

during development in 1999. This 

subunit is essential because A. 

brauntonii is extremely limited in 

distribution and has a very small overall 

population size, making it necessary to 

include every known occurrence. This 

subunit supports a population of 

approximately 14 plants that were 

observed in this area in 1999. This 

subunit contains all four of the PCEs. 

Unit 3: Santa Monica Mountains Unit 

This unit is located in the eastern 

Santa Monica Mountains in upper Zuma 

Canyon, north of Point Dume in Los 

Angeles County. It consists of 183 ac (74 

ha) of Federal land within the Santa 

Monica Mountains National Recreation 

Area, and 60 ac (24 ha) of private land. 

It includes an area where more than 300 

plants were found in 1999 after a 

prescribed burn, and is mapped from an 

occurrence identified after listing. This 

unit is essential to the conservation of 

the species because it contains all of the 

PCEs, is the only known location in the 

eastern Santa Monica Mountains, and 

represents the western edge of the 

species’ range. We also believe this area 

supports a large seed bank based on the 

observed post-fire germination that 

occurred here in 1999. Threats that may 

require special management in this unit 

include road maintenance that could 

result in disturbances that are too 

frequent, preventing establishment or 

replenishment of the seed bank, or fire 

suppression, which could result in 

disturbances that are too infrequent, 

preventing germination of new plants. 

Other threats which may require special 

management include growth of shrubs, 

which could crowd out A. brauntonii. 

Unit 4: Pacific Palisades Unit 

This unit is located in the Santa Ynez 

Canyon north of Pacific Palisades in Los 

Angeles County and consists of 485 ac 

(196 ha) of State lands within Topanga 

State Park, and 92 ac (37 ha) of private 

land. It includes plants found in three 

separate locations, and is mapped from 

occurrences known at the time of 

listing. This is the largest known 

population; over 1,000 plants were 

observed at one of these locations in 

1998. That site is cleared annually for a 

powerline and fuel break, a disturbance 

that likely causes large numbers of 

plants to germinate each year. This unit 

contains all of the PCEs, represents the 

western edge of the species’ range 

within the Santa Monica Mountains, 

provides connectivity between the three 

separate locations, is a relatively large 

good-quality site, and contains an area 

that likely contains a seed bank. Threats 

that may require special management in 

this unit include road maintenance that 

could result in disturbances that are too 

frequent, preventing establishment or 

replenishment of the seed bank, or fire 

suppression, which could result in 

disturbances that are too infrequent, 

preventing germination of new plants. 

Other threats which may require special 

management include growth of shrubs, 

which could crowd out A. brauntonii. 

Unit 5: Monrovia Unit 

This unit is located in the City of 

Monrovia in Los Angeles County and 

consists of 267 ac (108 ha) of local 

agency land owned by the City of 

Monrovia and managed as open space 

(Monrovia Wilderness Preserve), and 64 

ac (26 ha) of private land. It includes 

plants found in several locations, and is 

mapped from occurrences known at the 

time of listing. Approximately 700 

plants were observed in this area in 

2004. This unit contains all of the PCEs, 

represents a unique and disjunct piece 

of the species’ range, is a relatively 

large, good-quality site, and likely 

contains a seed bank. Threats that may 

require special management in this unit 

include maintenance of fire roads and 

fire suppression, which could result in 

improper disturbance frequencies, and 

the growth of shrubs and nonnative 

plants, which could crowd out A. 

brauntonii, and recreation activities 

such as foot and bicycle traffic, which 

could result in trampling of plants. 

Unit 6: Coal Canyon Unit 

This unit is located south of the City 

of Yorba Linda in Coal Canyon in 

Orange County and consists of 632 ac 

(256 ha) of State land (Chino Hills State 

Park and California Department of Fish 

and Game-Coal Canyon Ecological 

Reserve) and 257 ac (104 ha) of private 

land. This unit overlaps with final and 

re-proposed critical habitat for the 

coastal California gnatcatcher (Polioptila 

californica californica; 65 FR 63680, 

October 24, 2000; 68 FR 20227, April 

24, 2003). It includes plants found in 

several locations, and is mapped from 

an occurrence known at the time of 

listing. This population was very small 

and declining until a fire in 2003, after 

which more than 5,000 plants were 

reported. This unit contains all of the 

PCEs, represents a unique and disjunct 

portion of the species’ range, is a 

relatively large area isolated from urban 

development, and provides connectivity 

between plants found at several 

locations within the unit. We also 

believe the site supports a large seed 

bank, based on the post-fire germination 

that occurred here in 2003. Threats that 

may require special management in this 

unit include maintenance of fire roads 

and fire suppression, which could result 

in improper disturbance frequencies, 

and the growth of shrubs and nonnative 

plants, which could crowd out A. 

brauntonii. 

Pentachaeta lyonii 

We are proposing seven units as 

critical habitat for P. lyonii. The critical 

habitat areas described below constitute 

our best assessment at this time of areas 

determined to be occupied at the time 

of listing, contain the PCEs and that may 

require special management, and 

additional areas that were not occupied 

at the time of listing but were found to 

be essential to the conservation of P. 

lyonii. The units proposed as critical 

habitat are listed in Table 1 below: 

68992 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 

TABLE 2.—PROPOSED CRITICAL HABITAT UNITS FOR PENTACHAETA LYONII

[Area estimates reflect all land within critical habitat unit boundaries (acres (ac) (hectares (ha)).] 

Critical habitat unit and submit (county) Federal State Local agency Private Total 

Unit 1: Simi Valley (Ventura Co.) .......... 0 ac (0 ha) 0 (0) 50 (20) 408 (165) 458 (185) 

Unit 1a ............................................ 0 (0) 0 (0) 0 (0) 283 (114) 283 (114) 

Unit 1b ............................................ 0 (0) 0 (0) 0 (0) 19 (8) 19 (8) 

Unit 1c ............................................. 0 (0) 0 (0) 50 (20) 0 (0) 50 (20) 

Unit 1d ............................................ 0 (0) 0 (0) 0 (0) 106 (43) 106 (43) 

Unit 2: Montclef Ridge (Ventura Co.) .... 0 (0) 0 (0) 1,079 (437) 238 (96) 1,317 (533) 

Unit 2a ............................................ 0 (0) 0 (0) 1,037 (420) 159 (65) 1,196 (485) 

Unit 2b ............................................ 0 (0) 0 (0) 31 (13) 16 (6) 47 (19) 

Unit 2c ............................................. 0 (0) 0 (0) 11 (4) 63 (25) 74 (29) 

Unit 3 Thousand Oaks (Ventura 

and Los Angeles Co.) ................. 0 (0) 0 (0) 732 (296) 738 (298) 1,470 (594) 

Unit 3a ............................................ 0 (0) 0 (0) 150 (61) 86 (35) 236 (96) 

Unit 3b ............................................ 0 (0) 0 (0) 34 (14) 41 (16) 75 (30) 

Unit 3c ............................................. 0 (0) 0 (0) 548 (221) 611 (247) 1,159 (468) 

Unit 4 Triunfo Canyon (Los Angeles Co.) ........................................ 0 (0) 0 (0) 223 (90) 13 (5) 236 (95) 

Unit 5: Mulholland Drive (Los Angeles 

Co.) ..................................................... 116 (47) 0 (0) 0 (0) 280 (113) 396 (160) 

Unit 5a ............................................ 0 (0) 0 (0) 0 (0) 82 (33) 82 (33) 

Unit 5b ............................................ 116 (47) 0 (0) 0 (0) 47 (19) 163 (66) 

Unit 5c ............................................. 0 (0) 0 (0) 0 (0) 78 (31) 78 (31) 

Unit 5d ............................................ 0 (0) 0 (0) 0 (0) 73 (30) 73 (30) 

Unit 6: Cornell Road (Los Angeles Co.) 0 (0) 0 (0) 0 (0) 233 (94) 233 (94) 

Unit 7: Malibu Lake (Los Angeles Co.) 0 (0) 67 (27) 0 (0) 35 (14) 102 (41) 

Total ......................................... 116 (47) 67 (27) 2,084 (843) 1,945 (785) 4,212 (1,703) 

We present brief descriptions of all 

units, and reasons why they have the 

features that are essential for the 

conservation of P. lyonii, below. 

Unit 1: Simi Valley Unit 

This unit is located east of Moorpark 

and west of Simi Valley in Ventura 

County and consists of 50 ac (20 ha) of 

local agency lands and 408 ac (165 ha) 

of private land. This unit is divided into 

four subunits and mapped from 

occurrences known at the time of 

listing; they are all within 2.5 mi (4000 

m) of each other. These subunits contain 

habitat with features that are essential to 

the conservation of the species because 

they contain at least three of the PCEs 

(1, 3, and 4) and represent the 

northernmost edge of the species’ range. 

Soils have not been sampled for 

microbiotic crusts, so it is unknown if 

the subunits contain PCE 2. Threats that 

may require special management in this 

unit include the invasion of annual 

grasses and nonnative plants, which 

could crowd out P. lyonii, grazing, edge 

effects from urban development, road 

maintenance, and vehicle traffic, which 

could result in removal or trampling of 

plants. 

Subunit 1a: This subunit is located 

east of Moorpark in the Tierra Rejada 

Hills and consists of 283 ac (114 ha) of 

private land. This subunit includes 

plants found at several locations. This 

subunit contains at least three of the 

PCEs (1, 3, and 4); soils have not been 

sampled for microbiotic crusts, so it is 

unknown if it contains PCE 2. 

Subunit 1b: This subunit is located in 

eastern Moorpark and consists of 19 ac 

(8 ha) of private land within the Tierra 

Rejada Vernal Pool Preserve owned by 

Serenata Homeowners association and 

managed by Mountains Recreation and 

Conservation Authority. It includes one 

of the largest known populations of P. 

lyonii, and is fenced and monitored 

annually. This subunit contains at least 

three of the PCEs (1, 3, and 4); soils have 

not been sampled for microbiotic crusts, 

so it is unknown if it contains PCE 2. 

Subunit 1c: This subunit is located in 

western Simi Valley near Wood Ranch 

Reservoir and consists of 50 ac (20 ha) 

of local agency land owned and 

managed by Callegas Municipal Water 

District. It includes plants found in two 

separate locations. This subunit 

contains at least three of the PCEs (1, 3, 

and 4); soils have not been sampled for 

microbiotic crusts, so it is unknown if 

it contains PCE 2. 

Subunit 1d: This subunit is located in 

western Simi Valley directly adjacent to 

Ronald Reagan National Library. It 

consists of 106 ac (43 ha) of private land 

and includes plants found in two 

separate locations. This subunit 

contains at least three of the PCEs (1, 3, 

and 4); soils have not been sampled for 

microbiotic crusts, so it is unknown if 

it contains PCE 2. 

Unit 2: Montclef Ridge Unit 

This unit is located along Montclef 

Ridge, northwest of Newbury Park in 

Ventura County. It consists of 1,079 ac 

(437 ha) of local agency land (Lynmere, 

Wildwood Park, and Mount Clef Ridge) 

owned and managed by COSCA and 

Conejo Recreation and Parks District, 

and 238 ac (96 ha) of private land. This 

unit is divided into three subunits 

mapped from occurrences known at the 

time of listing and one occurrence 

identified after listing. All of these 

subunits, including the occurrence 

identified after listing, contain habitat 

that have features that are essential to 

the conservation of the species because 

they contain at least three of the PCEs 

(1, 3, and 4). Soils have not been 

sampled for microbiotic crusts, so it is 

unknown if they contain PCE 2. Threats 

that may require special management 

include invasion by annual grasses and 

nonnative plants, which could crowd 

out P. lyonii, recreation including 

equestrian activities, foot traffic, and offroad vehicles, which could result in 

trampling of plants, illegal dumping, 

urban development, which could result 

in removal of plants, and edge effects 

from existing urban development. 

Subunit 2a: This subunit includes 

plants from multiple locations and is 

mapped from several occurrences 

known at the time of listing and one 

occurrence identified after listing, and 

consists of 1,037 ac (420 ha) of local 

Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 68993 

agency land (Lynmere, Wildwood Park, 

and Mount Clef Ridge) designated as 

open space and owned by COSCA and 

Conejo Recreation and Parks District, 

and 159 ac (65 ha) of private land. The 

occurrence identified after listing is 

essential because it is known to be 

occupied, and provides connectivity 

between occurrences known at the time 

of listing because it is within 0.5 mi 

(785 m) of these occurrences. This 

subunit is also essential because P. 

lyonii is extremely limited in 

distribution and has a very small overall 

population size, making it necessary to 

include every known occurrence. This 

subunit consists of a relatively large 

contiguous area with multiple 

populations of P. lyonii. This subunit 

contains at least three of the PCEs (1, 3, 

and 4); soils have not been sampled for 

microbiotic crusts, so it is unknown if 

it contains PCE 2. 

Subunit 2b: This subunit includes 

plants from two populations and is 

mapped from an occurrence known at 

the time of listing. It consists of 31 ac 

(13 ha) of local agency land designated 

as open space and owned by COSCA, 

and 16 ac (6 ha) of private land owned 

by California Lutheran University. This 

subunit contains at least three of the 

PCEs (1, 3, and 4); soils have not been 

sampled for microbiotic crusts, so it is 

unknown if it contains PCE 2. 

Subunit 2c: This subunit includes 

plants from two populations and is 

mapped from an occurrence known at 

the time of listing. It consists of 11 ac 

(4 ha) of local agency land designated as 

open space and owned by COSCA, and 

63 ac (25 ha) of private land owned by 

California Lutheran University. This 

subunit contains at least three of the 

PCEs (1, 3, and 4); soils have not been 

sampled for microbiotic crusts, so it is 

unknown if it contains PCE 2. 

Unit 3: Thousand Oaks Unit 

This unit is located in Thousand Oaks 

near Lake Sherwood in Ventura and Los 

Angeles Counties. It consists of 732 ac 

(296 ha) of local agency land (COSCA, 

Las Virgenes Metropolitan Water 

District, and Mountain Resources 

Conservation Authority) and 738 ca (298 

ha) of private land. This unit is divided 

into three subunits mapped from 

occurrences known at the time of listing 

and one occurrence identified after 

listing. These subunits contain habitat 

with features that are essential to the 

conservation of the species because they 

contain at least three of the PCEs (1, 3, 

and 4) and represent a large proportion 

of the species’ range. Soils have not 

been sampled for microbiotic crusts, so 

it is unknown if the subunits contain 

PCE 2. Threats that may require special 

management include edge effects from 

urban development, removal of plants 

for urban development or fuel 

management, invasion by annual grasses 

and nonnative plants, which could 

crowd out P. lyonii, and equestrian and 

foot traffic, which could result in 

trampling of plants. 

Subunit 3a: This subunit is located 

north of Lake Sherwood and consists of 

150 ac (61 ha) of local agency land 

designated as open space owned by 

COSCA and Mountain Resources 

Conservation Authority, and 86 ac (35 

ha) of private land. It is mapped from a 

relatively large population (11,000 

plants in 1991) known at the time of 

listing. This subunit contains at least 

three of the PCEs (1, 3, and 4); soils have 

not been sampled for microbiotic crusts, 

so it is unknown if it contains PCE 2. 

Subunit 3b: This subunit is located on 

the north side of Lake Sherwood and 

consists of 34 ac (14 ha) of local agency 

land owned by COSCA, and 41 ac (16 

ha) of private land. It is mapped from an 

occurrence known at the time of listing. 

Two of the three subpopulations known 

at the time of listing were extirpated in 

1997 and only one remains. This 

subunit contains at least three of the 

PCEs (1, 3, and 4); soils have not been 

sampled for microbiotic crusts, so it is 

unknown if it contains PCE 2. 

Subunit 3c: This subunit is located 

south of Lake Sherwood and consists of 

548 ac (221 ha) of local agency land 

designated as open space owned by 

COSCA and Mountain Resources 

Conservation Authority, and 611 ac (247 

ha) of private land. It is mapped from 

occurrences known at the time of listing 

and two occurrences identified after 

listing and includes plants from 

numerous locations. The occurrences 

identified after listing are essential 

because they are currently occupied and 

they provide connectivity between 

occurrences known at the time of 

listing, because they are a short distance 

from the other populations in this unit 

(i.e., less than 785 m (0.5 mi)). This 

subunit is essential because P. lyonii is 

extremely limited in distribution and 

has a very small overall population size, 

making it necessary to include every 

known occurrence. Overall, this subunit 

contains at least 16 known populations 

of P. lyonii, all of which are less than 

1000 m (0.6 mi) from each other. This 

subunit contains at least three of the 

PCEs (1, 3, and 4); soils have not been 

sampled for microbiotic crusts, so it is 

unknown if it contains PCE 2. 

Unit 4: Triunfo Canyon Unit 

This unit is located in Thousand Oaks 

in Los Angeles County. It consists of 223 

ac (90 ha) of local agency land 

(Mountain Resources Conservation 

Authority and Las Virgenes 

Metropolitan Water District), and 13 ac 

(5 ha) of private land. It is mapped from 

an occurrence known at the time of 

listing and includes plants from 

multiple locations. This unit contains 

habitat that has features that are 

essential to the conservation of the 

species because it contains all of the 

PCEs and represents a relatively large 

population of P. lyonii (37,300 

individuals estimated in 2000). Threats 

that may require special management 

include invasion by annual grasses and 

nonnative plants, which could crowd 

out P. lyonii, fuel management, which 

could result in removal of plants, and 

foot traffic, which could result in 

trampling of plants. 

Unit 5: Mullholland Drive Unit 

This unit is located in the Santa 

Monica Mountains in Los Angeles 

County and consists of 116 ac (47 ha) of 

Federal land (Santa Monica Mountains 

National Recreation Area) and 280 ac 

(113 ha) of private land. It is mapped 

from occurrences known at the time of 

listing, and occurrences identified after 

listing, and is divided into 4 subunits. 

These subunits contain habitat that has 

features that are essential to the 

conservation of the species because they 

contain at least three of the PCEs (1, 3, 

and 4) and represent one of the 

southernmost locations within the 

species’ range. Soils have not been 

sampled for microbiotic crusts, so it is 

unknown if the subunits contain PCE 2. 

Threats that may require special 

management include the potential for 

development, which could result in 

removal of plants, and fuel 

management, which could result in 

removal of plants, and invasion by 

annual grasses and nonnative plants, 

which could crowd out P. lyonii. 

Unit 5a: This subunit consists of 82 ac 

(33 ha) of private land along the south 

side of Mulholland Drive. It is mapped 

from an occurrence known at the time 

of listing. This subunit contains at least 

three of the PCEs (1, 3, and 4); soils have 

not been sampled for microbiotic crusts, 

so it is unknown if it contains PCE 2. 

Unit 5b: This subunit consists of 116 

ac (47 ha) of Federal land (Santa Monica 

Mountains National Recreation Area) in 

Rocky Oaks Park and 47 ac (19 ha) of 

private land on the west side of Kanan 

Road. It is mapped from an occurrence 

known at the time of listing. This 

subunit contains at least three of the 

PCEs (1, 3, and 4); soils have not been 

sampled for microbiotic crusts, so it is 

unknown if it contains PCE 2. 

Unit 5c: This subunit consists of 78 ac 

(31 ha) of private land designated as 

68994 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 

open space and managed by Santa 

Monica Mountains Conservancy on 

Mulholland Drive. It includes plants 

found in two separate locations and is 

mapped from an occurrence identified 

after listing. This subunit is essential 

because P. lyonii is extremely limited in 

distribution and has a very small overall 

population size, making it necessary to 

include every known occurrence. This 

subunit is occupied, and is in the same 

geographic area in the Santa Monica 

Mountains as Units 5b and 5d, 

occurring midway between and less 

than 1500 m (0.9 mi) from both 

subunits. Because of its close proximity 

to other populations, we consider it to 

be part of the same population complex. 

This subunit contains at least three of 

the PCEs (1, 3, and 4); soils have not 

been sampled for microbiotic crusts, so 

it is unknown if it contains PCE 2. 

Unit 5d: This subunit consists of 73 

ac (30 ha) of private land on Kanan 

Road. It is mapped from an occurrence 

identified after listing. This subunit is 

essential because P. lyonii is extremely 

limited in distribution and has a very 

small overall population size, making it 

necessary to include every known 

occurrence. This subunit is occupied, 

and is in the same geographic area in 

the Santa Monica Mountains as Unit 4 

and 5c, occurring midway between and 

less than 1650 m (1 mi) from both 

subunits. Because of its close proximity 

to other populations, we consider it to 

be part of the same population complex. 

This subunit contains at least three of 

the PCEs (1, 3, and 4); soils have not 

been sampled for microbiotic crusts, so 

it is unknown if it contains PCE 2. 

Unit 6: Cornell Road Unit 

This unit is located in the Santa 

Monica Mountains in Los Angeles 

County and consists of 233 ac (94 ha) of 

private land. It includes plants found in 

several locations and is mapped from an 

occurrence known at the time of listing. 

This unit contains habitat that has 

features that are essential to the 

conservation of the species because it 

contains all of the PCEs, represents one 

of the southernmost locations within the 

species’ range, contains numerous 

distinct patches and a very large 

population of individuals (> 3 million 

plants estimated in 1999), is genetically 

distinct from the other populations, and 

contains more genetic variability than 

the other populations (Arias et al., no 

date). Threats that may require special 

management include the potential for 

grading and development, which could 

result in removal of plants, edge effects 

from nearby developments, and 

invasion by annual grasses and 

nonnative plants, which could crowd 

out P. lyonii. 

Unit 7: Malibu Lake Unit 

This unit is located in the Santa 

Monica Mountains in Los Angeles 

County and consists of 67 ac (27 ha) of 

State land (Malibu Creek State Park) and 

35 ac (14 ha) of private land. It is 

mapped from an occurrence known at 

the time of listing. This unit contains 

habitat that has features that are 

essential to the conservation of the 

species because it contains at least three 

of the PCEs (PCE 1, 3, and 4), represents 

the easternmost known location within 

the species’ range, and contains a 

relatively large population (100,000–

200,000 plants estimated in 1998). Soils 

have not been sampled for microbiotic 

crusts, so it is unknown if the subunits 

contain PCE 2. Threats that may require 

special management include recreation 

activities such as foot traffic, which may 

result in trampling of plants. 

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. 

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)). Until such time 

as a proposed designation is finalized, 

any reasonable and prudent alternatives 

or reasonable and prudent measures 

included 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 

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 reinitiation of 

consultation or conference with us on 

Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 68995 

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 A. 

brauntonii or P. lyonii, or their 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 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 A. brauntonii or P. lyonii. 

Federal activities that, when carried 

out, may adversely affect critical habitat 

for A. brauntonii and P. lyonii include, 

but are not limited to: 

(1) Removing, thinning, or destroying 

A. brauntonii or P. lyonii plants. This 

may occur through burning, mechanical, 

chemical, or other means, including 

plowing, grading, woodcutting, 

livestock grazing, construction, road 

building, mechanical weed control, 

herbicide application, and firefighting 

activities; 

(2) Activities that appreciably degrade 

or destroy A. brauntonii or P. lyonii 

habitat (and its PCEs). Such activities 

include, but are not limited to: livestock 

grazing, clearing, discing, farming, 

residential or commercial development, 

introducing or encouraging the spread 

of nonnative species, off-road vehicle 

use; 

(3) Activities that appreciably 

diminish habitat value or quality 

through indirect effect (e.g., edge effects, 

invasion of exotic plants or animals, or 

fragmentation); 

(4) Any activity, including the 

regulation of activities by the Corps of 

Engineers under section 404 of the 

Clean Water Act or activities carried out 

by or licensed by the Environmental 

Protection Agency (EPA), that could 

alter watershed or soil characteristics in 

ways that would appreciably alter or 

reduce the quality or quantity of surface 

and subsurface flow of water needed to 

maintain A. brauntonii or P. lyonii. 

These activities include, but are not 

limited to: altering the natural fire 

regime either through fire suppression 

or by using prescribed fires that are too 

frequent or poorly-timed; development, 

including road building and other direct 

or indirect activities; agricultural 

activities; livestock grazing; and 

vegetation manipulation such as 

clearing or grubbing in the watershed 

upslope from A. brauntonii or P. lyonii. 

(5) Road construction and 

maintenance, right-of-way designation, 

and regulation of agricultural activities, 

or any activity funded or carried out by 

the Department of Transportation or 

Department of Agriculture that could 

result in excavation, or mechanized 

land clearing of A. brauntonii or P. 

lyonii habitat; and 

(6) Licensing of construction of 

communication sites by the Federal 

Communications Commission or 

funding of construction or development 

activities by the U.S. Department of 

Housing and Urban Development that 

could result in excavation, or 

mechanized land clearing, of A. 

brauntonii or P. lyonii habitat. 

All of the proposed critical habitat 

units for A. brauntonii and P. lyonii are 

within the geographical area that is 

occupied by the species. We consider 

four of the six units for A. brauntonii to 

be occupied by the species at the time 

of listing, although three subunits 

within Unit 2 contain current 

populations that were not known at the 

time of listing. Units 1 and 4 were not 

known to be occupied at the time of 

listing but are currently occupied. We 

consider all of these units included in 

this proposed designation to contain the 

features essential to the conservation of 

A. brauntonii, and, if unoccupied at the 

time of listing, are essential to the 

conservation of the species. We consider 

all of the seven units for P. lyonii to be 

occupied by the species at the time of 

listing, although four subunits within 

these units contain current populations 

that were not known at the time of 

listing. We consider all of these units 

included in this proposed designation to 

contain the features essential to the 

conservation of P. lyonii. 

Application of Section 3(5)(A) and 

4(a)(3) 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 geographical 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 geographical area 

occupied by the species at the time of 

listing that do not contain the features 

that are essential for the conservation of 

the species are not, by definition, 

critical habitat. Similarly, areas within 

the geographical 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 three criteria: (1) The plan is 

complete and provides a conservation 

benefit to the species (i.e., the plan must 

maintain or provide for an increase in 

the species’ population, or the 

enhancement or restoration of its habitat 

within the area covered by the plan); (2) 

the plan provides assurances that the 

conservation management strategies and 

actions will be implemented (i.e., those 

responsible for implementing the plan 

are capable of accomplishing the 

objectives, and have an implementation 

schedule or adequate funding for 

implementing the management plan); 

and (3) the plan provides assurances 

that the conservation strategies and 

measures will be effective (i.e., it 

identifies biological goals, has 

provisions for reporting progress, and is 

of a duration sufficient to implement the 

plan and achieve the plan’s goals and 

objectives). 

Further, 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 

68996 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 

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 

proposing 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 by the following types of plans 

if they provide assurances that the 

conservation measures they outline will 

be implemented and effective: (1) 

Legally operative HCPs that cover the 

species, (2) draft HCPs that cover the 

species and have undergone public 

review and comment (i.e., pending 

HCPs), 3) Tribal conservation plans that 

cover the species, (4) State conservation 

plans that cover the species, and (5) 

National Wildlife Refuge System 

Comprehensive Conservation Plans. 

We have not excluded any lands from 

this proposal pursuant to 3(5)(A) and 

4(a)(3) of the Act. We are unaware of 

any current HCPs, or HCPs that are near 

completion, that include A. brauntonii 

or P. lyonii. We are unaware of any 

State, County, or local conservation 

plans that protect A. brauntonii or P. 

lyonii. Although Units 4 and 6 for A. 

brauntonii both occur partially within 

State Parks, and Unit 6 also partially 

occurs within a State Ecological 

Reserve, neither location has a written 

management plan that protects the 

species. Unit 7 for P. lyonii partially 

occurs within a State Park, although 

there is no written management plan 

that protects the species. Units 2d and 

2e for A. brauntonii, and Unit 5b for P. 

lyonii both occur within the Santa 

Monica Mountains National Recreation 

Area, although there is no written 

management plan that protects the 

species. We have determined that the 

lands within the proposed designation 

of critical habitat for A. brauntonii and 

P. lyonii are not owned or managed by 

the Department of Defense, and the 

designation does not include any Tribal 

lands or trust resources. 

Economic Analysis 

An analysis of the economic impacts 

of proposing critical habitat for A. 

brauntonii and P. lyonii 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://ventura.fws.gov, or by 

contacting the Ventura 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 

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: 

Exsec@ios.doi.gov. 

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:// 

ventura.fws.gov, or by contacting the 

Ventura 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 

Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 68997 

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. 

E.O. 13211 requires agencies to prepare 

Statements of Energy Effects when 

undertaking certain actions. This 

proposed rule to designate critical 

habitat for A. brauntonii and P. lyonii is 

not a significant regulatory action under 

E.O. 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 

funding,’’ and the State, local, or tribal 

governments ‘‘lack authority’’ to adjust 

accordingly. At the time of enactment, 

these entitlement programs were: 

Medicaid; AFDC work programs; Child 

Nutrition; Food Stamps; Social Services 

Block Grants; Vocational Rehabilitation 

State Grants; Foster Care, Adoption 

Assistance, and Independent Living; 

Family Support Welfare Services; and 

Child Support Enforcement. ‘‘Federal 

private sector mandate’’ includes a 

regulation that ‘‘would impose an 

enforceable duty upon the private 

sector, except (i) a condition of Federal 

assistance or (ii) a duty arising from 

participation in a voluntary Federal 

program.’’

The designation of critical habitat 

does not impose a legally binding duty 

on non-Federal government entities or 

private parties. Under the Act, the only 

regulatory effect is that Federal agencies 

must ensure that their actions do not 

destroy or adversely modify critical 

habitat under section 7. While nonFederal entities 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. urthermore, 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. 

We do not believe that this rule will 

significantly or uniquely affect small 

governments because critical habitat 

provides no incremental restrictions, we 

do not anticipate that this rule will 

significantly or uniquely affect small 

governments. Although 18% of the land 

within the A. brauntonii proposed 

critical habitat units and 50% of the 

land within the P. lyonii proposed units 

are owned by local agencies, the 

majority of those lands are within 

designated open space areas managed 

for conservation. As such, a Small 

Government Agency Plan is not 

required. We will, however, further 

evaluate this issue as we conduct our 

economic analysis and revise this 

assessment if appropriate. 

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 A. 

brauntonii and P. lyonii imposes no 

additional restrictions to those currently 

in place and, therefore, has little 

incremental impact on State and local 

governments and their activities. The 

designation may have some benefit to 

these governments in that the areas that 

contain the features that are essential to 

the conservation of the species are more 

clearly defined, and the PCEs of the 

habitat necessary to the conservation of 

the species are specifically identified. 

While making this definition and 

identification does not alter where and 

what federally sponsored activities may 

occur, it may assist these local 

governments in long-range planning 

(rather than 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 

68998 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 

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 PCEs within the 

designated areas to assist the public in 

understanding the habitat needs of A. 

brauntonii and P. lyonii. 

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 have the features that are 

essential for the conservation of A. 

brauntonii or P. lyonii. Therefore, 

critical habitat for A. brauntonii or P. 

lyonii has not been proposed on Tribal 

lands. 

References Cited 

A complete list of all references cited 

in this rulemaking is available upon 

request from the Field Supervisor, 

Ventura Fish and Wildlife Office (see 

ADDRESSES section). 

Author(s) 

The primary author of this package is 

Christine Hamilton (see ADDRESSES

section). 

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 § 17.12(h), revise the entries for 

Astralagus brauntonii (Braunton’s milkvetch) and Pentachaeta lyonii (Lyon’s 

pentachaeta) under AFLOWERING 

PLANTS,’’ to read as follows: 

§ 17.12 Endangered and threatened plants. 

* * * * * 

(h) * * * 

Species 

Historic range Family Status When listed Critical 

habitat 

Special 

rules Scientific name Common name 

FLOWERING PLANTS

* * * * * * * 

Astragalus brauntonii Braunton’s milkvetch.U.S.A. (CA) ............. Fabaceae ................ E 606 17.96(a) NA 

* * * * * * * 

Pentachaeta lyonii ... Lyon’s pentachaeta U.S.A. (CA) ............. Asteraceae ............. E 606 17.96(a) NA 

* * * * * * * 

* * * * * 

3. Amend § 17.96(a) by adding an 

entry for Pentachaeta lyonii (Lyon’s 

pentachaeta) in alphabetical order under 

family Asteraceae and an entry for 

Astragalus brauntonii (Braunton’s milkvetch) in alphabetical order under 

family Fabaceae to read as follows: 

§ 17.96 Critical habitat—plants. 

(a) Flowering plants. 

* * * * * 

Family Asteraceae: Pentachaeta lyonii 

(Lyon’s pentachaeta). 

(1) Critical habitat units are depicted 

for Ventura and Los Angeles Counties, 

California, on the maps below. 

(2) Critical habitat includes the plant 

communities within the range of 

Pentachaeta lyonii that are 

characterized by the following primary 

constituent elements: 

(i) Clay soils of volcanic origin; 

(ii) Exposed soils that exhibit a 

microbiotic crust, which may inhibit 

invasion by other plant competitors; and 

(iii) Low proportion of total vegetative 

cover (less than 25 percent). 

(3) Critical habitat does not include 

manmade structures existing on the 

effective date of this rule and not 

containing one or more of the primary 

constituent elements, such as buildings, 

aqueducts, airports, and roads, and the 

land on which such structures are 

located. 

(4) Data layers defining map units 

were created on base maps using the 

following aerial imagery: for eastern 

Ventura County, we used Air Photo 

USA Inc. aerial imagery captured 

October 2002; for westernmost Los 

Angeles county populations, we used 

Air Photo USA Inc. aerial imagery 

captured August 1999. Both were 

projected to Universal Transverse 

Mercator (UTM) zone 11, North 

American Datum (NAD) 1927. 

(5) Map 1 (Index map for Pentachaeta 

lyonii) follows: 

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69000 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 

(6) Unit 1 for Pentachaeta lyonii: Simi 

Valley Unit, Ventura County, California. 

(i) Subunit 1a: from USGS 1:24,000 

scale quadrangle Simi. Land bounded 

by the following UTM zone 11, NAD83 

coordinates (E, N): 329252, 3794756; 

329258, 3794815; 329318, 3794831; 

329332, 3794857; 329332, 3794893; 

329324, 3794956; 329362, 3794996; 

329393, 3795020; 329471, 3795063; 

329508, 3795076; 329540, 3795082; 

329609, 3795148; 329659, 3795179; 

329695, 3795194; 329753, 3795208; 

329828, 3795209; 329881, 3795202; 

329937, 3795185; 329972, 3795168; 

330000, 3795150; 330031, 3795126; 

330059, 3795098; 330093, 3795050; 

330123, 3794987; 330133, 3794949; 

330138, 3794910; 330136, 3794851; 

330123, 3794794; 330088, 3794720; 

330170, 3794503; 330268, 3794482; 

330327, 3794454; 330382, 3794466; 

330427, 3794470; 330467, 3794470; 

330506, 3794465; 330589, 3794445; 

330680, 3794409; 330716, 3794391; 

330748, 3794369; 330778, 3794343; 

330804, 3794314; 330825, 3794281; 

330848, 3794242; 330873, 3794182; 

330883, 3794144; 330889, 3794104; 

330651, 3793969; 330487, 3793935; 

330497, 3793889; 330511, 3793869; 

330501, 3793823; 330469, 3793835; 

330463, 3793853; 330435, 3793857; 

330413, 3793867; 330373, 3793873; 

330317, 3793863; 330297, 3793873; 

330265, 3793881; 330237, 3793881; 

330205, 3793873; 330177, 3793855; 

330137, 3793873; 330101, 3793871; 

330066, 3793857; 330058, 3793860; 

330015, 3793855; 329915, 3793840; 

329867, 3793869; 329823, 3793903; 

329803, 3793922; 329852, 3794025; 

329854, 3794035; 329850, 3794079; 

329790, 3794165; 329776, 3794191; 

329768, 3794233; 329774, 3794261; 

329764, 3794281; 329738, 3794291; 

329706, 3794287; 329674, 3794269; 

329660, 3794251; 329646, 3794209; 

329572, 3794321; 329592, 3794347; 

329596, 3794377; 329558, 3794507; 

329404, 3794472; 329373, 3794493; 

329330, 3794533; 329306, 3794564; 

329286, 3794598; 329271, 3794634; 

329259, 3794682; 329252, 3794756. 

(ii) Subunit 1b: from USGS 1:24,000 

scale quadrangle Simi. Land bounded 

by the following UTM zone 11, NAD83 

coordinates (E, N): 328955, 3793028; 

329079, 3793108; 329065, 3793154; 

329075, 3793194; 329151, 3793294; 

329199, 3793334; 329213, 3793342; 

329235, 3793310; 329375, 3793269; 

329391, 3793240; 329406, 3793205; 

329255, 3793079; 329165, 3793021; 

329111, 3793000; 329057, 3792995; 

328958, 3792998; 328955, 3793028. 

(iii) Subunit 1c: from USGS 1:24,000 

scale quadrangle Thousand Oaks. Land 

bounded by the following UTM zone 11, 

NAD83 coordinates (E, N): 331295, 

3791172; 331295, 3791210; 331311, 

3791244; 331330, 3791275; 331362, 

3791302; 331406, 3791325; 331444, 

3791341; 331497, 3791349; 331545, 

3791349; 331642, 3791342; 331712, 

3791342; 331794, 3791357; 331837, 

3791303; 331864, 3791257; 331885, 

3791208; 331897, 3791159; 331837, 

3791086; 331816, 3791020; 331814, 

3790838; 331751, 3790870; 331733, 

3790837; 331640, 3790828; 331593, 

3790956; 331617, 3790982; 331597, 

3791023; 331532, 3791008; 331450, 

3791001; 331380, 3791090; 331333, 

3791121; 331295, 3791172. 

(iv) Subunit 1d: from USGS 1:24,000 

scale quadrangle Simi. Land bounded 

by the following UTM zone 11, NAD83 

coordinates (E, N): 332386, 3791960; 

332571, 3792095; 332587, 3792136; 

332587, 3792165; 332569, 3792227; 

332623, 3792286; 332635, 3792347; 

332558, 3792379; 332536, 3792414; 

332533, 3792477; 332543, 3792540; 

332556, 3792577; 332594, 3792587; 

332653, 3792593; 332692, 3792591; 

332744, 3792579; 332796, 3792606; 

332883, 3792634; 332941, 3792640; 

333016, 3792633; 333073, 3792620; 

333109, 3792605; 333143, 3792585; 

333175, 3792561; 333202, 3792533; 

333234, 3792496; 333255, 3792463; 

333273, 3792428; 333290, 3792372; 

333296, 3792313; 333293, 3792274; 

333285, 3792236; 333265, 3792172; 

333237, 3792120; 333226, 3792104; 

333211, 3792092; 333196, 3792084; 

333178, 3792080; 333091, 3792116; 

333051, 3792116; 333025, 3792111; 

332985, 3792088; 332921, 3792041; 

332887, 3792026; 332846, 3792013; 

332827, 3792000; 332805, 3791981; 

332780, 3791913; 332725, 3791891; 

332652, 3791873; 332593, 3791871; 

332554, 3791876; 332516, 3791886; 

332440, 3791920; 332386, 3791960. 

(v) Note: Unit 1 for Pentachaeta lyonii 

is depicted on Map 2—Units 1 and 2—

see paragraph (7)(iv). 

(7) Unit 2 for Pentachaeta lyonii: 

Montclef Ridge Unit, Ventura County, 

California. 

(i) Subunit 2a: from USGS 1:24,000 

scale quadrangle Newbury Park. Land 

bounded by the following UTM zone 11, 

NAD83 coordinates (E, N): 320731, 

3786360; 320739, 3786432; 320754, 

3786483; 320784, 3786549; 321059, 

3787275; 321065, 3787315; 321044, 

3787385; 321036, 3787460; 321040, 

3787517; 321057, 3787592; 321081, 

3787646; 321112, 3787696; 321138, 

3787726; 321187, 3787768; 321237, 

3787799; 321292, 3787820; 321331, 

3787827; 321944, 3788119; 321978, 

3788152; 322018, 3788183; 322060, 

3788208; 322105, 3788226; 322145, 

3788237; 322191, 3788245; 322236, 

3788247; 322282, 3788243; 322921, 

3788413; 322965, 3788444; 323017, 

3788470; 323054, 3788482; 323092, 

3788490; 323142, 3788494; 323201, 

3788488; 323289, 3788461; 323342, 

3788433; 323378, 3788442; 323434, 

3788451; 323508, 3788448; 323550, 

3788487; 323614, 3788526; 323659, 

3788563; 323710, 3788591; 323739, 

3788620; 323787, 3788654; 323862, 

3788687; 323919, 3788700; 323978, 

3788702; 324017, 3788697; 324051, 

3788688; 324113, 3788665; 324147, 

3788645; 324178, 3788621; 324206, 

3788593; 324230, 3788562; 324250, 

3788528; 324267, 3788487; 324307, 

3788433; 324332, 3788379; 324342, 

3788341; 324388, 3788292; 324434, 

3788259; 324582, 3788238; 324667, 

3788223; 324708, 3788206; 324706, 

3788174; 324747, 3788150; 324770, 

3788180; 325020, 3788065; 324975, 

3787987; 324867, 3787835; 324850, 

3787825; 324780, 3787827; 324655, 

3787753; 324665, 3787694; 324711, 

3787604; 324733, 3787591; 324759, 

3787585; 324796, 3787589; 324836, 

3787609; 324865, 3787602; 324839, 

3787552; 324827, 3787509; 324826, 

3787454; 324842, 3787414; 324869, 

3787397; 324916, 3787403; 325155, 

3787495; 325377, 3787539; 325521, 

3787580; 325707, 3787606; 325774, 

3787587; 325860, 3787546; 325894, 

3787510; 325885, 3787482; 325790, 

3787526; 325534, 3787512; 325442, 

3787433; 325711, 3787228; 325982, 

3787128; 326200, 3787024; 326163, 

3786971; 326114, 3786919; 326083, 

3786895; 326031, 3786868; 325964, 

3786841; 325865, 3786817; 325733, 

3786811; 325684, 3786814; 325608, 

3786827; 325558, 3786839; 325521, 

3786852; 324963, 3786938; 324858, 

3787030; 324835, 3787064; 324813, 

3787069; 324732, 3787059; 324659, 

3787032; 324487, 3787250; 324123, 

3787284; 324107, 3787328; 324095, 

3787371; 324088, 3787418; 324086, 

3787460; 324088, 3787504; 324094, 

3787551; 324106, 3787597; 324120, 

3787637; 324139, 3787676; 324162, 

3787714; 324188, 3787750; 324220, 

3787785; 324253, 3787815; 324291, 

3787842; 324332, 3787866; 324373, 

3787884; 324346, 3787915; 324315, 

3787965; 324294, 3788020; 324283, 

3788079; 324243, 3788036; 324169, 

3787985; 324122, 3787960; 324045, 

3787931; 323953, 3787910; 323914, 

3787904; 323803, 3787901; 323731, 

3787906; 323681, 3787852; 323617, 

3787804; 323541, 3787769; 323481, 

3787755; 323438, 3787732; 323357, 

3787700; 323319, 3787692; 323260, 

3787690; 323215, 3787697; 323152, 

3787713; 322463, 3787568; 322410, 

3787533; 322351, 3787507; 322287, 

Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 69001 

3787491; 322224, 3787487; 321693, 

3787055; 321656, 3787009; 321627, 

3786983; 321587, 3786958; 321428, 

3786837; 321408, 3786808; 321398, 

3786777; 321407, 3786696; 321420, 

3786636; 321477, 3786455; 321488, 

3786403; 321490, 3786342; 321469, 

3786232; 321605, 3786154; 321658, 

3786057; 321725, 3785853; 321905, 

3785804; 321896, 3785756; 321883, 

3785719; 321856, 3785667; 321832, 

3785636; 321786, 3785590; 321734, 

3785553; 321709, 3785526; 321680, 

3785500; 321621, 3785464; 321523, 

3785626; 321467, 3785627; 321419, 

3785719; 321373, 3785722; 321377, 

3785628; 321385, 3785572; 321440, 

3785428; 321402, 3785428; 321383, 

3785431; 321345, 3785441; 321309, 

3785456; 321259, 3785487; 321202, 

3785539; 321176, 3785568; 321154, 

3785601; 321119, 3785672; 321106, 

3785709; 321092, 3785796; 321092, 

3785836; 321102, 3785920; 321093, 

3785975; 321034, 3785983; 320964, 

3786004; 320900, 3786039; 320844, 

3786085; 320797, 3786141; 320762, 

3786204; 320745, 3786254; 320737, 

3786287; 320731, 3786360. 

(ii) Subunit 2b: from USGS 1:24,000 

scale quadrangle Newbury Park. Land 

bounded by the following UTM zone 11, 

NAD83 coordinates (E, N): 325989, 

3788043; 326019, 3788123; 326091, 

3788240; 326227, 3788353; 326250, 

3788403; 326324, 3788464; 326313, 

3788542; 326384, 3788583; 326386, 

3788484; 326514, 3788481; 326632, 

3788320; 326713, 3788298; 326696, 

3788204; 326577, 3788206; 326524, 

3788204; 326477, 3788163; 326370, 

3788097; 326277, 3788045; 326016, 

3787984; 325989, 3788043. 

(iii) Subunit 2c: from USGS 1:24,000 

scale quadrangles Newbury Park and 

Thousand Oaks. Land bounded by the 

following UTM zone 11, NAD83 

coordinates (E, N): 326421, 3789739; 

326407, 3789791; 326424, 3789826; 

326454, 3789875; 326477, 3789906; 

326520, 3789946; 326553, 3789968; 

326592, 3789987; 326793, 3789915; 

326991, 3789908; 327107, 3789924; 

327178, 3789966; 327212, 3789928; 

327234, 3789896; 327257, 3789847; 

327274, 3789788; 327248, 3789777; 

327236, 3789712; 327019, 3789561; 

326772, 3789480; 326771, 3789566; 

326524, 3789567; 326447, 3789579; 

326391, 3789612; 326386, 3789637; 

326421, 3789739. 

(iv) Note: Unit 2 for Pentachaeta 

lyonii is depicted on Map 2—Units 1 

and 2—which follows: 

BILLING CODE 4310–55–P 

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Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 69003 

(8) Unit 3 for Pentachaeta lyonii: 

Thousand Oaks Unit, Ventura and Los 

Angeles Counties, California. 

(i) Subunit 3a: From USGS 1:24,000 

scale quadrangle Thousand Oaks. Land 

bounded by the following UTM zone 11, 

NAD83 coordinates (E, N): 327710, 

3781345; 327716, 3781404; 327746, 

3781498; 327763, 3781534; 327785, 

3781566; 327825, 3781609; 327873, 

3781643; 327966, 3781694; 328116, 

3781754; 328204, 3781783; 328242, 

3781791; 328341, 3781796; 328412, 

3781806; 328588, 3781807; 328708, 

3781789; 328764, 3781772; 328800, 

3781754; 328847, 3781720; 328875, 

3781692; 328899, 3781661; 328919, 

3781627; 328944, 3781565; 328955, 

3781532; 328963, 3781494; 328965, 

3781435; 328954, 3781341; 328928, 

3781239; 328904, 3781186; 328857, 

3781111; 328833, 3781080; 328806, 

3781052; 328758, 3781014; 328725, 

3780992; 328657, 3780956; 328620, 

3780941; 328498, 3780915; 328426, 

3780905; 328345, 3780876; 328262, 

3780857; 328222, 3780854; 328183, 

3780857; 328024, 3780889; 327981, 

3780901; 327945, 3780916; 327911, 

3780936; 327880, 3780960; 327796, 

3781048; 327775, 3781081; 327758, 

3781115; 327736, 3781168; 327726, 

3781206; 327715, 3781267; 327710, 

3781345. 

(ii) Subunit 3b: From USGS 1:24,000 

scale quadrangle Thousand Oaks. Land 

bounded by the following UTM zone 11, 

NAD83 coordinates (E, N): 327196, 

3780235; 327204, 3780286; 327215, 

3780292; 327250, 3780310; 327310, 

3780331; 327348, 3780339; 327388, 

3780342; 327450, 3780338; 327528, 

3780319; 327631, 3780271; 327686, 

3780238; 327735, 3780245; 327847, 

3780249; 327905, 3780240; 327960, 

3780219; 328019, 3780184; 328065, 

3780146; 328102, 3780101; 328121, 

3780067; 328136, 3780031; 328150, 

3779973; 328152, 3779914; 328140, 

3779841; 328119, 3779786; 328088, 

3779736; 328062, 3779706; 328033, 

3779680; 327960, 3779765; 327927, 

3779780; 327868, 3779751; 327812, 

3779778; 327795, 3779853; 327727, 

3779936; 327555, 3779999; 327434, 

3780068; 327338, 3780132; 327305, 

3780172; 327251, 3780205; 327196, 

3780235. 

(iii) Subunit 3c (western portion): 

From USGS 1:24,000 scale quadrangle 

Thousand Oaks. Land bounded by the 

following UTM zone 11, NAD83 

coordinates (E, N): 327371, 3778203; 

327373, 3778242; 327383, 3778293; 

327396, 3778330; 327423, 3778388; 

327437, 3778447; 327463, 3778514; 

327563, 3778623; 327629, 3778726; 

327691, 3778780; 327753, 3778799; 

327794, 3778817; 327910, 3778850; 

327928, 3778830; 327932, 3778806; 

327926, 3778765; 327916, 3778737; 

327892, 3778695; 327857, 3778658; 

327846, 3778629; 327845, 3778610; 

327850, 3778579; 327891, 3778516; 

327887, 3778462; 327881, 3778444; 

327864, 3778430; 327819, 3778410; 

327857, 3778350; 327891, 3778325; 

327970, 3778309; 328041, 3778408; 

327999, 3778444; 328011, 3778476; 

328011, 3778500; 327989, 3778556; 

327951, 3778613; 327954, 3778637; 

327986, 3778729; 327989, 3778748; 

327986, 3778795; 327989, 3778844; 

327980, 3778897; 327965, 3778927; 

327965, 3778965; 327970, 3779003; 

327958, 3779042; 328027, 3779006; 

328107, 3778941; 328133, 3778911; 

328155, 3778879; 328172, 3778844; 

328185, 3778806; 328192, 3778768; 

328195, 3778729; 328192, 3778690; 

328185, 3778651; 328172, 3778614; 

328143, 3778555; 328102, 3778500; 

328097, 3778488; 328106, 3778487; 

328157, 3778526; 328209, 3778554; 

328264, 3778572; 328302, 3778580; 

328361, 3778582; 328423, 3778575; 

328461, 3778565; 328507, 3778545; 

328540, 3778587; 328568, 3778615; 

328599, 3778639; 328651, 3778667; 

328688, 3778679; 328726, 3778687; 

328848, 3778693; 328990, 3778658; 

329080, 3778602; 329118, 3778549; 

329022, 3778458; 329113, 3778394; 

329152, 3778431; 329211, 3778463; 

329247, 3778487; 329263, 3778533; 

329287, 3778569; 329293, 3778635; 

329306, 3778708; 329296, 3778761; 

329301, 3778793; 329311, 3778820; 

329383, 3778893; 329400, 3778943; 

329408, 3779001; 329425, 3779026; 

329445, 3779076; 329501, 3779106; 

329506, 3779152; 329516, 3779190; 

329531, 3779227; 329553, 3779266; 

329586, 3779311; 329614, 3779339; 

329733, 3779423; 329767, 3779359; 

329802, 3779344; 329870, 3779235; 

329901, 3779225; 329964, 3779242; 

330013, 3779244; 330085, 3779237; 

330186, 3779218; 330199, 3779172; 

330196, 3779100; 330324, 3779030; 

330304, 3778967; 330298, 3778899; 

330291, 3778864; 330186, 3778781; 

330029, 3778696; 329967, 3778657; 

329918, 3778611; 329810, 3778487; 

329751, 3778436; 329689, 3778423; 

329592, 3778380; 329510, 3778323; 

329360, 3778114; 329217, 3778063; 

329172, 3778065; 329073, 3777994; 

329078, 3777947; 329065, 3777920; 

329063, 3777872; 329085, 3777817; 

329142, 3777731; 329190, 3777706; 

329174, 3777666; 329148, 3777617; 

329126, 3777608; 329085, 3777627; 

329047, 3777666; 329017, 3777707; 

329007, 3777729; 328967, 3777758; 

328963, 3777772; 328967, 3777788; 

328967, 3777811; 328945, 3777844; 

328891, 3777860; 328853, 3777860; 

328802, 3777844; 328740, 3777780; 

328688, 3777740; 328490, 3777648; 

328454, 3777704; 328427, 3777777; 

328418, 3777835; 328421, 3777901; 

328357, 3777880; 328318, 3777875; 

328286, 3777875; 328234, 3777835; 

328200, 3777816; 328164, 3777801; 

328109, 3777788; 328081, 3777750; 

328053, 3777722; 328016, 3777692; 

327983, 3777671; 327938, 3777649; 

327856, 3777635; 327565, 3777752; 

327531, 3777799; 327498, 3777867; 

327481, 3777923; 327475, 3777972; 

327453, 3777994; 327421, 3778036; 

327393, 3778088; 327376, 3778144; 

327371, 3778203. 

(iv) Subunit 3c (eastern portion): 

From USGS 1:24,000 scale quadrangles 

Thousand Oaks and Point Dume. Land 

bounded by the following UTM zone 11, 

NAD83 coordinates (E, N): 327856, 

3775596; 327863, 3775682; 327880, 

3775738; 327898, 3775773; 327921, 

3775810; 327945, 3775841; 327973, 

3775869; 328018, 3775905; 328054, 

3775927; 328089, 3775944; 328127, 

3775957; 328180, 3775966; 328254, 

3775969; 328293, 3775964; 328348, 

3775948; 328381, 3775964; 328422, 

3775977; 328728, 3776393; 328736, 

3776451; 328749, 3776499; 328280, 

3776684; 328245, 3776704; 328214, 

3776729; 328186, 3776757; 328161, 

3776788; 328133, 3776841; 328117, 

3776892; 328110, 3776938; 328112, 

3776997; 328121, 3777041; 328141, 

3777093; 328167, 3777136; 328203, 

3777177; 328229, 3777200; 328265, 

3777223; 328305, 3777243; 328348, 

3777256; 328393, 3777262; 328435, 

3777262; 328474, 3777257; 328513, 

3777247; 328550, 3777231; 328577, 

3777216; 328588, 3777179; 328636, 

3777133; 329046, 3776893; 329073, 

3776998; 329098, 3777121; 329040, 

3777173; 329001, 3777203; 328970, 

3777214; 328950, 3777258; 328966, 

3777307; 328979, 3777304; 329012, 

3777270; 329028, 3777264; 329051, 

3777264; 329075, 3777250; 329090, 

3777233; 329108, 3777224; 329134, 

3777230; 329147, 3777229; 329161, 

3777223; 329179, 3777242; 329209, 

3777257; 329242, 3777260; 329251, 

3777269; 329215, 3777318; 329207, 

3777337; 329210, 3777400; 329174, 

3777436; 329174, 3777452; 329178, 

3777460; 329188, 3777469; 329225, 

3777477; 329260, 3777476; 329281, 

3777459; 329297, 3777459; 329316, 

3777461; 329342, 3777472; 329352, 

3777482; 329370, 3777521; 329372, 

3777541; 329434, 3777608; 329445, 

3777701; 329445, 3777773; 329480, 

3777797; 329607, 3777846; 329962, 

3777882; 330019, 3777911; 330048, 

3777935; 330049, 3777994; 330035, 

69004 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 

3778082; 330037, 3778129; 330054, 

3778161; 330071, 3778180; 330092, 

3778181; 330120, 3778146; 330151, 

3778102; 330209, 3777994; 330321, 

3777987; 330346, 3778003; 330370, 

3778025; 330388, 3778069; 330417, 

3778116; 330443, 3778143; 330450, 

3778120; 330461, 3778107; 330491, 

3778107; 330508, 3778102; 330547, 

3778075; 330551, 3778059; 330540, 

3778019; 330536, 3777988; 330537, 

3777978; 330543, 3777968; 330554, 

3777961; 330574, 3777959; 330645, 

3777962; 330644, 3777957; 330632, 

3777873; 330618, 3777809; 330594, 

3777732; 330566, 3777680; 330542, 

3777649; 330514, 3777622; 330483, 

3777598; 330449, 3777578; 330402, 

3777559; 330365, 3777549; 330326, 

3777544; 330267, 3777546; 330210, 

3777559; 330168, 3777577; 329956, 

3777534; 329742, 3777462; 329645, 

3777396; 329623, 3777338; 329603, 

3777304; 329584, 3777278; 329527, 

3777215; 329457, 3777162; 329404, 

3777063; 329404, 3776935; 329422, 

3776797; 329442, 3776766; 329462, 

3776724; 329474, 3776684; 329480, 

3776641; 329478, 3776577; 329462, 

3776511; 329474, 3776475; 329484, 

3776422; 329487, 3776350; 329480, 

3776297; 329465, 3776246; 329434, 

3776180; 329391, 3776121; 329338, 

3776072; 329276, 3776034; 329261, 

3776058; 329193, 3776077; 329084, 

3776062; 329011, 3776090; 328976, 

3776046; 328757, 3776035; 328755, 

3775979; 328847, 3775874; 328685, 

3775801; 328675, 3775764; 328699, 

3775723; 328904, 3775607; 328893, 

3775544; 328873, 3775489; 328842, 

3775439; 328802, 3775396; 328755, 

3775360; 328721, 3775340; 328644, 

3775312; 328561, 3775297; 328522, 

3775297; 328457, 3775305; 328431, 

3775286; 328399, 3775267; 328365, 

3775251; 328327, 3775238; 328251, 

3775225; 328197, 3775226; 328158, 

3775231; 328102, 3775248; 328047, 

3775275; 327994, 3775310; 327951, 

3775350; 327917, 3775398; 327882, 

3775470; 327861, 3775538; 327856, 

3775596. 

(v) Note: Unit 3 for Pentachaeta lyonii 

is depicted on Map 3—Units 3, 4, 5, 6, 

and 7—see paragraph (12)(ii). 

(9) Unit 4 for Pentachaeta lyonii: 

Triunfo Canyon Unit, Los Angeles 

County, California. 

(i) Unit 4: From USGS 1:24,000 scale 

quadrangles Thousand Oaks and Point 

Dume. Land bounded by the following 

UTM zone 11, NAD83 coordinates (E, 

N): 331337, 3777876; 331355, 3777923; 

331375, 3777957; 331475, 3778087; 

331552, 3778178; 331597, 3778216; 

331638, 3778239; 331689, 3778260; 

331726, 3778270; 331785, 3778275; 

331843, 3778271; 331869, 3778239; 

331996, 3778182; 332097, 3778144; 

332192, 3778116; 332404, 3778078; 

332519, 3778051; 332592, 3778045; 

332671, 3778027; 332717, 3778041; 

332732, 3778075; 332724, 3778098; 

332686, 3778135; 332671, 3778195; 

332820, 3778237; 332918, 3778244; 

333045, 3778236; 333113, 3778251; 

333195, 3778288; 333206, 3778248; 

333211, 3778209; 333211, 3778170; 

333197, 3778090; 333185, 3778053; 

333165, 3778012; 333146, 3777979; 

333125, 3777952; 333123, 3777919; 

333115, 3777880; 333103, 3777843; 

333085, 3777808; 333051, 3777760; 

333023, 3777732; 332992, 3777708; 

332940, 3777681; 332868, 3777659; 

332809, 3777653; 332751, 3777659; 

332695, 3777676; 332659, 3777693; 

332625, 3777715; 332575, 3777706; 

332511, 3777704; 332453, 3777714; 

332408, 3777730; 332319, 3777692; 

332272, 3777681; 332229, 3777626; 

332166, 3777574; 332118, 3777544; 

332053, 3777515; 331996, 3777501; 

331937, 3777499; 331879, 3777509; 

331839, 3777523; 331779, 3777489; 

331724, 3777468; 331666, 3777458; 

331593, 3777461; 331555, 3777469; 

331500, 3777490; 331466, 3777509; 

331423, 3777544; 331506, 3777590; 

331538, 3777599; 331568, 3777604; 

331589, 3777614; 331599, 3777626; 

331601, 3777639; 331598, 3777666; 

331595, 3777674; 331552, 3777731; 

331538, 3777747; 331514, 3777752; 

331441, 3777754; 331425, 3777761; 

331398, 3777791; 331395, 3777808; 

331398, 3777855; 331392, 3777863; 

331379, 3777871; 331337, 3777876. 

Unit 5: Mulholland Drive Unit, Los 

Angeles County, California. 

(ii) Note: Unit 4 for Pentachaeta lyonii 

is depicted on Map 3—Units 3, 4, 5, 6, 

and 7—see paragraph (13)(ii). 

(10) Unit 5 for Pentachaeta lyonii: 

Mulholland Drive Unit, Los Angeles 

County, California. 

(i) Subunit 5a: From USGS 1:24,000 

scale quadrangle Point Dume. Land 

bounded by the following UTM zone 11, 

NAD83 coordinates (E, N): 329661, 

3774511; 329664, 3774551; 329674, 

3774603; 329691, 3774653; 329704, 

3774681; 329725, 3774717; 329758, 

3774759; 329796, 3774796; 329827, 

3774820; 329933, 3774730; 330035, 

3774723; 330098, 3774711; 330117, 

3774666; 330130, 3774615; 330193, 

3774539; 330263, 3774514; 330333, 

3774476; 330411, 3774421; 330392, 

3774360; 330357, 3774296; 330311, 

3774240; 330256, 3774193; 330210, 

3774166; 330142, 3774140; 330070, 

3774128; 329997, 3774129; 329928, 

3774144; 329867, 3774169; 329831, 

3774190; 329800, 3774213; 329752, 

3774261; 329710, 3774321; 329681, 

3774387; 329664, 3774458; 329661, 

3774511. 

(ii) Subunit 5b: From USGS 1:24,000 

scale quadrangle Point Dume. Land 

bounded by the following UTM zone 11, 

NAD83 coordinates (E, N): 332133, 

3774543; 332130, 3774581; 332133, 

3774645; 332143, 3774703; 332164, 

3774758; 332195, 3774808; 332220, 

3774838; 332323, 3774933; 332441, 

3775018; 332602, 3775186; 332630, 

3775210; 332663, 3775232; 332716, 

3775256; 332802, 3775280; 332841, 

3775288; 332900, 3775290; 332958, 

3775280; 333013, 3775260; 333063, 

3775229; 333092, 3775203; 333133, 

3775159; 333168, 3775111; 333185, 

3775076; 333198, 3775039; 333214, 

3774943; 333216, 3774904; 333211, 

3774845; 333190, 3774756; 333178, 

3774719; 333161, 3774685; 333016, 

3774766; 332911, 3774777; 332907, 

3774668; 332913, 3774512; 332868, 

3774439; 332757, 3774458; 332646, 

3774435; 332616, 3774406; 332439, 

3774439; 332340, 3774275; 332239, 

3774336; 332170, 3774431; 332138, 

3774514; 332133, 3774543. 

(iii) Subunit 5c: From USGS 1:24,000 

scale quadrangle Point Dume. Land 

bounded by the following UTM zone 11, 

NAD83 coordinates (E, N): 334083, 

3775154; 334086, 3775194; 334094, 

3775234; 334112, 3775283; 334134, 

3775324; 334159, 3775355; 334187, 

3775384; 334219, 3775408; 334255, 

3775429; 334232, 3775474; 334219, 

3775511; 334211, 3775550; 334209, 

3775590; 334211, 3775630; 334219, 

3775669; 334232, 3775706; 334249, 

3775742; 334271, 3775775; 334298, 

3775805; 334338, 3775839; 334378, 

3775863; 334415, 3775878; 334453, 

3775888; 334493, 3775894; 334539, 

3775893; 334531, 3775843; 334529, 

3775752; 334504, 3775720; 334469, 

3775634; 334522, 3775574; 334518, 

3775475; 334475, 3775456; 334434, 

3775390; 334402, 3775327; 334420, 

3775266; 334413, 3775221; 334418, 

3775174; 334491, 3775098; 334533, 

3775067; 334589, 3775003; 334597, 

3774965; 334589, 3774925; 334557, 

3774901; 334517, 3774878; 334468, 

3774860; 334428, 3774852; 334388, 

3774849; 334348, 3774852; 334309, 

3774860; 334260, 3774878; 334219, 

3774901; 334187, 3774925; 334159, 

3774953; 334134, 3774985; 334112, 

3775026; 334094, 3775075; 334086, 

3775114; 334083, 3775154. 

(iv) Subunit 5d: From USGS 1:24,000 

scale quadrangle Point Dume. Land 

bounded by the following UTM zone 11, 

NAD83 coordinates (E, N): 333938, 

3776910; 333946, 3776963; 333984, 

3776973; 334040, 3776976; 334090, 

3776995; 334158, 3777014; 334515, 

3777025; 334571, 3777082; 334614, 

Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 69005 

3777037; 334664, 3776991; 334726, 

3776954; 334838, 3776920; 334824, 

3776863; 334800, 3776809; 334778, 

3776776; 334752, 3776747; 334707, 

3776710; 334655, 3776682; 334471, 

3776619; 334415, 3776606; 334376, 

3776604; 334230, 3776611; 334191, 

3776616; 334135, 3776633; 334083, 

3776661; 334052, 3776685; 334015, 

3776723; 333982, 3776740; 333938, 

3776910. 

(v) Note: Unit 5 for Pentachaeta lyonii 

is depicted on Map 3—Units 3, 4, 5, 6, 

and 7—see paragraph (12)(ii). 

(11) Unit 6 for Pentachaeta lyonii: 

Cornell Road Canyon Unit, Los Angeles 

County, California. 

(i) Unit 6: From USGS 1:24,000 scale 

quadrangles Thousand Oaks and 

Calabasas. Land bounded by the 

following UTM zone 11, NAD83 

coordinates (E, N): 337290, 3778817; 

337296, 3778876; 337306, 3778914; 

337319, 3778948; 337347, 3779000; 

337384, 3779045; 337435, 3779091; 

337485, 3779123; 337540, 3779143; 

337608, 3779154; 337660, 3779155; 

337751, 3779144; 337789, 3779136; 

337872, 3779107; 337924, 3779080; 

337969, 3779042; 338019, 3778981; 

338039, 3778947; 338057, 3778900; 

338085, 3778865; 338113, 3778812; 

338139, 3778846; 338182, 3778886; 

338236, 3778921; 338289, 3778946; 

338327, 3778956; 338386, 3778961; 

338438, 3778957; 338514, 3778940; 

338600, 3778901; 338632, 3778879; 

338662, 3778854; 338688, 3778824; 

338710, 3778791; 338743, 3778719; 

338756, 3778682; 338764, 3778643; 

338767, 3778591; 338765, 3778544; 

338776, 3778504; 338781, 3778465; 

338778, 3778384; 338771, 3778338; 

338761, 3778301; 338737, 3778247; 

338682, 3778166; 338422, 3778195; 

338388, 3778238; 338378, 3778288; 

338422, 3778389; 338407, 3778432; 

338326, 3778401; 338289, 3778476; 

338203, 3778515; 338116, 3778480; 

338056, 3778428; 338023, 3778412; 

337978, 3778380; 337943, 3778363; 

337876, 3778339; 337779, 3778324; 

337729, 3778313; 337690, 3778311; 

337631, 3778316; 337570, 3778334; 

337516, 3778359; 337461, 3778398; 

337418, 3778438; 337384, 3778486; 

337358, 3778538; 337346, 3778575; 

337338, 3778613; 337336, 3778642; 

337315, 3778689; 337296, 3778759; 

337290, 3778817. 

(ii) Note: Unit 6 for Pentachaeta lyonii 

is depicted on Map 3—Units 3, 4, 5, 6, 

and 7—see paragraph (12)(ii). 

(12) Unit 7 for Pentachaeta lyonii: 

Malibu Lake Unit, Los Angeles County, 

California. 

(i) Unit 7: From USGS 1:24,000 scale 

quadrangles Point Dume and Malibu 

Beach. Land bounded by the following 

UTM zone 11, NAD83 coordinates (E, 

N): 338355, 3775059; 338440, 3775052; 

338535, 3775051; 338558, 3775046; 

338571, 3775034; 338597, 3775025; 

338651, 3775105; 338662, 3775115; 

338661, 3775158; 338692, 3775172; 

338711, 3775200; 338713, 3775218; 

338701, 3775240; 338650, 3775289; 

338626, 3775315; 338619, 3775330; 

338616, 3775391; 338599, 3775448; 

338619, 3775457; 338671, 3775474; 

338736, 3775484; 338795, 3775482; 

338842, 3775472; 338893, 3775476; 

338951, 3775471; 339024, 3775452; 

339078, 3775428; 339094, 3775417; 

339143, 3775364; 339164, 3775290; 

339178, 3775202; 339185, 3775114; 

339185, 3775015; 339148, 3774940; 

339110, 3774899; 339080, 3774873; 

339001, 3774825; 338955, 3774807; 

338904, 3774770; 338857, 3774747; 

338820, 3774735; 338782, 3774727; 

338742, 3774725; 338703, 3774727; 

338665, 3774735; 338582, 3774760; 

338513, 3774791; 338480, 3774813; 

338451, 3774839; 338425, 3774868; 

338403, 3774901; 338371, 3774968; 

338361, 3775006; 338355, 3775059. 

(ii) Note: Unit 7 for Pentachaeta lyonii 

is depicted on Map 3—Units 3, 4, 5, 6, 

and 7—which follows: 

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* * * * * 

Family Fabaceae: Astragalus 

brauntonii (Braunton’s milk-vetch). 

(1) Critical habitat units are depicted 

for Ventura, Los Angeles, and Orange 

Counties, California, on the maps below. 

(2) The primary constituent elements 

of critical habitat for Astragalus 

brauntonii are the habitat components 

that provide: 

(i) Carbonate limestone soils derived 

from marine sediment; 

(ii) Low proportion (less than 10 

percent) of shrub cover directly around 

the plant; and 

(iii) Periodic disturbances that 

stimulate seed germination (e.g., fire, 

flooding) and reduce vegetative cover, 

(3) Critical habitat does not include 

manmade structures existing on the 

effective date of this rule and not 

containing one or more of the primary 

constituent elements, such as buildings, 

aqueducts, airports, and roads, and the 

land on which such structures are 

located. 

(4) Critical habitat units are described 

below. Data layers defining map units 

were created on base maps using the 

following aerial imagery: For eastern 

Ventura County, we used AirPhotoUSA 

Inc. aerial imagery captured October, 

2002; for westernmost Los Angeles 

county populations, we used 

AirPhotoUSA Inc. aerial imagery 

captured August, 1999; for populations 

near the City of Monrovia, Los Angeles 

County and for the population in 

Orange County, we used USGS Digital 

Orthophoto Quarter Quadrangles 

captured in the mid-1990s. All were 

projected to UTM zone 11, NAD27. 

(5) Note: Map 1 (Index map for 

Astragalus brauntonii) follows: 

BILLING CODE 4310–55–P 

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Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 69009 

(6) Unit 1 for Astragalus brauntonii, 

Northern Simi Hills Unit, Ventura 

County, California. 

(i) Subunit 1a: From USGS 1:24,000 

scale quadrangle Thousand Oaks. Land 

bounded by the following UTM zone 11, 

NAD83 coordinates (E, N): 336361, 

3789405; 336369, 3789480; 336393, 

3789561; 336411, 3789596; 336432, 

3789629; 336480, 3789679; 336537, 

3789719; 336572, 3789737; 336609, 

3789749; 336687, 3789761; 336726, 

3789761; 336761, 3789758; 336802, 

3789811; 336845, 3789851; 336908, 

3789889; 336963, 3789910; 337037, 

3789923; 337095, 3789921; 337160, 

3789910; 337197, 3789897; 337231, 

3789881; 337260, 3789864; 337291, 

3789840; 337332, 3789797; 337369, 

3789735; 337389, 3789680; 337400, 

3789626; 337403, 3789587; 337397, 

3789528; 337383, 3789474; 337352, 

3789404; 337330, 3789371; 337305, 

3789342; 337275, 3789316; 337244, 

3789294; 337210, 3789275; 337173, 

3789258; 337182, 3789199; 337182, 

3789160; 337178, 3789120; 337164, 

3789059; 337142, 3789009; 337107, 

3788953; 337060, 3788904; 337030, 

3788882; 336996, 3788862; 336941, 

3788841; 336894, 3788832; 336855, 

3788829; 336793, 3788834; 336755, 

3788841; 336701, 3788859; 336666, 

3788877; 336634, 3788899; 336604, 

3788924; 336569, 3788964; 336538, 

3789014; 336517, 3789069; 336507, 

3789129; 336475, 3789154; 336438, 

3789191; 336414, 3789222; 336394, 

3789256; 336379, 3789292; 336369, 

3789330; 336361, 3789405. 

(ii) Subunit 1b: From USGS 1:24,000 

scale quadrangles Thousand Oaks and 

Calabasas. Land bounded by the 

following UTM zone 11, NAD83 

coordinates (E, N): 338156, 3790653; 

338162, 3790718; 338180, 3790777; 

338210, 3790834; 338249, 3790882; 

338299, 3790923; 338354, 3790952; 

338416, 3790970; 338477, 3790976; 

338539, 3790970; 338601, 3790952; 

338655, 3790923; 338705, 3790882; 

338745, 3790834; 338775, 3790777; 

338793, 3790718; 338799, 3790656; 

338793, 3790592; 338775, 3790533; 

338745, 3790475; 338705, 3790428; 

338655, 3790387; 338601, 3790358; 

338539, 3790339; 338477, 3790333; 

338416, 3790339; 338354, 3790358; 

338299, 3790387; 338249, 3790428; 

338210, 3790475; 338180, 3790533; 

338162, 3790592; 338156, 3790653. 

(iii) Subunit 1c: From USGS 1:24,000 

scale quadrangles Thousand Oaks and 

Calabasas. Land bounded by the 

following UTM zone 11, NAD83 

coordinates (E, N): 338500, 3788934; 

338508, 3789006; 338529, 3789076; 

338563, 3789140; 338595, 3789182; 

338625, 3789212; 338648, 3789232; 

338692, 3789261; 338759, 3789291; 

338830, 3789308; 338912, 3789313; 

338985, 3789306; 339054, 3789285; 

339119, 3789251; 339175, 3789205; 

339222, 3789149; 339240, 3789121; 

339263, 3789073; 339283, 3789003; 

339290, 3788931; 339282, 3788858; 

339261, 3788789; 339227, 3788724; 

339195, 3788682; 339165, 3788652; 

339142, 3788632; 339098, 3788603; 

339031, 3788573; 338960, 3788557; 

338878, 3788551; 338805, 3788559; 

338736, 3788580; 338672, 3788614; 

338615, 3788659; 338568, 3788715; 

338550, 3788743; 338527, 3788791; 

338507, 3788861; 338500, 3788934. 

(iv) Subunit 1d: From USGS 1:24,000 

scale quadrangle Calabasas. Land 

bounded by the following UTM zone 11, 

NAD83 coordinates (E, N): 341687, 

3788511; 341693, 3788574; 341711, 

3788633; 341740, 3788687; 341779, 

3788734; 341828, 3788775; 341882, 

3788803; 341941, 3788821; 342002, 

3788827; 342063, 3788821; 342123, 

3788803; 342177, 3788774; 342225, 

3788735; 342264, 3788688; 342294, 

3788632; 342311, 3788573; 342317, 

3788512; 342311, 3788451; 342294, 

3788393; 342264, 3788337; 342225, 

3788289; 342177, 3788250; 342123, 

3788222; 342063, 3788203; 342002, 

3788197; 341941, 3788203; 341882, 

3788221; 341828, 3788250; 341779, 

3788290; 341740, 3788338; 341711, 

3788392; 341693, 3788450; 341687, 

3788511. 

(v) Note: Unit 1 for Astragalus 

brauntonii is depicted on Map 2—Units 

1 and 2—see paragraph (7)(vii). 

(7) Unit 2 for Astragalus brauntonii, 

Southern Simi Hills Unit, Ventura 

County and Los Angeles County, 

California. 

(i) Subunit 2a: From USGS 1:24,000 

scale quadrangle Thousand Oaks. Land 

bounded by the following UTM zone 11, 

NAD83 coordinates (E, N): 331954, 

3786766; 332021, 3786816; 332027, 

3786840; 332099, 3786833; 332092, 

3786878; 332016, 3786906; 332053, 

3786977; 332105, 3787043; 332194, 

3787118; 332274, 3787160; 332410, 

3787127; 332550, 3787113; 332655, 

3787123; 332660, 3787106; 332813, 

3787081; 333141, 3787015; 333311, 

3786969; 333356, 3786967; 333409, 

3786956; 333477, 3786930; 333511, 

3786910; 333535, 3786892; 333573, 

3786892; 333612, 3786886; 333666, 

3786873; 333702, 3786859; 333771, 

3786872; 333824, 3786873; 333883, 

3786863; 333920, 3786851; 333967, 

3786827; 334015, 3786793; 334062, 

3786743; 334093, 3786693; 334113, 

3786638; 334124, 3786573; 334122, 

3786515; 334112, 3786466; 334162, 

3786442; 334215, 3786409; 334246, 

3786386; 334290, 3786343; 334435, 

3786178; 334454, 3786152; 334474, 

3786118; 334498, 3786067; 334511, 

3786030; 334524, 3785941; 334521, 

3785857; 334507, 3785791; 334494, 

3785754; 334467, 3785702; 334416, 

3785642; 334386, 3785616; 334354, 

3785594; 334300, 3785570; 334262, 

3785559; 334205, 3785551; 334147, 

3785549; 334089, 3785559; 334012, 

3785583; 333976, 3785600; 333944, 

3785622; 333882, 3785676; 333857, 

3785706; 333824, 3785753; 333777, 

3785813; 333735, 3785875; 333716, 

3785908; 333677, 3785997; 333659, 

3786071; 333653, 3786127; 333602, 

3786143; 333567, 3786160; 333525, 

3786189; 333495, 3786216; 333446, 

3786240; 333367, 3786290; 333326, 

3786287; 333287, 3786288; 333206, 

3786303; 333151, 3786324; 333117, 

3786343; 333086, 3786367; 332691, 

3786471; 332424, 3786528; 332323, 

3786540; 332277, 3786536; 332238, 

3786539; 332200, 3786546; 332163, 

3786559; 332081, 3786601; 332036, 

3786638; 331995, 3786689; 331966, 

3786737; 331954, 3786766. 

(ii) Subunit 2b: From USGS 1:24,000 

scale quadrangle Thousand Oaks. Land 

bounded by the following UTM zone 11, 

NAD83 coordinates (E, N): 335546, 

3785093; 335554, 3785104; 335565, 

3785110; 335575, 3785109; 335590, 

3785102; 335569, 3784979; 335559, 

3784977; 335546, 3784977; 335538, 

3784979; 335530, 3784984; 335546, 

3785093. 

(iii) Subunit 2c: From USGS 1:24,000 

scale quadrangle Thousand Oaks. Land 

bounded by the following UTM zone 11, 

NAD83 coordinates (E, N): 336264, 

3784505; 336266, 3784544; 336280, 

3784615; 336293, 3784653; 336323, 

3784712; 336368, 3784709; 336405, 

3784690; 336467, 3784653; 336486, 

3784616; 336541, 3784616; 336579, 

3784641; 336616, 3784672; 336659, 

3784728; 336697, 3784783; 336753, 

3784821; 336790, 3784827; 336839, 

3784821; 336904, 3784821; 336932, 

3784781; 336949, 3784745; 336966, 

3784689; 336971, 3784647; 336998, 

3784603; 337013, 3784566; 337028, 

3784505; 337034, 3784440; 337080, 

3784406; 337120, 3784363; 337152, 

3784313; 337170, 3784266; 337094, 

3784206; 337031, 3784210; 337045, 

3784086; 337153, 3784041; 337115, 

3784014; 337064, 3783816; 337012, 

3783819; 336983, 3783806; 336973, 

3783806; 336958, 3783843; 336954, 

3783873; 336895, 3783962; 336871, 

3784003; 336869, 3784037; 336879, 

3784082; 336883, 3784153; 336879, 

3784177; 336859, 3784238; 336838, 

3784256; 336820, 3784262; 336755, 

3784266; 336676, 3784283; 336658, 

3784311; 336640, 3784317; 336613, 

3784299; 336603, 3784281; 336603, 

69010 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 

3784268; 336629, 3784222; 336635, 

3784187; 336635, 3784143; 336640, 

3784120; 336755, 3784049; 336844, 

3783987; 336848, 3783952; 336883, 

3783901; 336903, 3783853; 336873, 

3783853; 336849, 3783833; 336856, 

3783796; 336847, 3783768; 336850, 

3783748; 336832, 3783715; 336793, 

3783703; 336741, 3783721; 336686, 

3783722; 336628, 3783708; 336647, 

3783616; 336513, 3783551; 336490, 

3783578; 336336, 3783628; 336323, 

3783685; 336320, 3783724; 336331, 

3783837; 336338, 3783876; 336351, 

3783913; 336368, 3783948; 336391, 

3783985; 336397, 3784052; 336413, 

3784106; 336382, 3784137; 336358, 

3784168; 336339, 3784202; 336324, 

3784238; 336313, 3784276; 336306, 

3784326; 336285, 3784374; 336275, 

3784412; 336264, 3784505. 

(iv) Subunit 2d: From USGS 1:24,000 

scale quadrangle Calabasas. Land 

bounded by the following UTM zone 11, 

NAD83 coordinates (E, N): 338692, 

3784551; 338695, 3784602; 338702, 

3784640; 338715, 3784677; 338732, 

3784712; 338772, 3784768; 338811, 

3784806; 338842, 3784830; 338876, 

3784849; 338912, 3784864; 338985, 

3784882; 339024, 3784885; 339063, 

3784882; 339134, 3784866; 339188, 

3784841; 339266, 3784784; 339318, 

3784764; 339368, 3784733; 339421, 

3784683; 339455, 3784635; 339473, 

3784600; 339485, 3784565; 339494, 

3784531; 339499, 3784492; 339500, 

3784400; 339492, 3784338; 339482, 

3784300; 339457, 3784247; 339415, 

3784188; 339372, 3784148; 339322, 

3784117; 339267, 3784096; 339194, 

3784083; 339135, 3784085; 339067, 

3784100; 339013, 3784125; 338972, 

3784151; 338929, 3784191; 338900, 

3784230; 338834, 3784273; 338804, 

3784299; 338782, 3784323; 338742, 

3784379; 338715, 3784437; 338698, 

3784493; 338692, 3784551. 

(v) Subunit 2e: From USGS 1:24,000 

scale quadrangle Calabasas. Land 

bounded by the following UTM zone 11, 

NAD83 coordinates (E, N): 340525, 

3785443; 340534, 3785527; 340557, 

3785607; 340579, 3785653; 340602, 

3785692; 340655, 3785757; 340688, 

3785787; 340730, 3785818; 340804, 

3785857; 340884, 3785881; 340927, 

3785888; 340980, 3785891; 341024, 

3785888; 341068, 3785881; 341148, 

3785856; 341222, 3785817; 341256, 

3785792; 341297, 3785756; 341350, 

3785691; 341389, 3785617; 341407, 

3785567; 341417, 3785525; 341425, 

3785442; 341418, 3785358; 341406, 

3785308; 341390, 3785266; 341351, 

3785192; 341323, 3785155; 341289, 

3785118; 341224, 3785066; 341150, 

3785026; 341109, 3785011; 341058, 

3784998; 340975, 3784991; 340891, 

3784999; 340850, 3785009; 340799, 

3785027; 340726, 3785067; 340661, 

3785119; 340625, 3785159; 340599, 

3785194; 340560, 3785268; 340535, 

3785348; 340528, 3785399; 340525, 

3785443. 

(vi) Subunit 2f: From USGS 1:24,000 

scale quadrangle Calabasas. Land 

bounded by the following UTM zone 11, 

NAD83 coordinates (E, N): 346203, 

3787499; 346224, 3787565; 346243, 

3787605; 346269, 3787645; 346304, 

3787686; 346344, 3787721; 346388, 

3787750; 346423, 3787767; 346474, 

3787785; 346545, 3787797; 347376, 

3787853; 347416, 3787858; 347475, 

3787856; 347533, 3787843; 347588, 

3787818; 347636, 3787783; 347677, 

3787740; 347709, 3787689; 347730, 

3787632; 347740, 3787573; 347739, 

3787527; 347730, 3787475; 347717, 

3787437; 347700, 3787401; 347665, 

3787353; 347619, 3787306; 347587, 

3787282; 347547, 3787259; 347516, 

3787247; 347477, 3787236; 346657, 

3787048; 346603, 3787040; 346530, 

3787041; 346478, 3787051; 346445, 

3787061; 346447, 3787169; 346445, 

3787293; 346426, 3787376; 346382, 

3787428; 346293, 3787460; 346203, 

3787499. 

(vii) Note: Unit 2 for Astragalus 

brauntonii is depicted on Map 2—Units 

1 and 2—which follows: 

BILLING CODE 4310–55–P 

Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 69011 


EP10NO05.302</GPH>
69012 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 

(8) Unit 3 for Astragalus brauntonii, 

Santa Monica Mountains Unit, Los 

Angeles County, California. 

(i) Unit 3: From USGS 1:24,000 scale 

quadrangle Point Dume. Land bounded 

by the following UTM zone 11, NAD83 

coordinates (E, N): 331168, 3768692; 

331170, 3768732; 331178, 3768771; 

331202, 3768832; 331233, 3768881; 

331272, 3768921; 331288, 3768960; 

331311, 3769000; 331332, 3769026; 

331360, 3769054; 331392, 3769079; 

331426, 3769098; 331482, 3769120; 

331521, 3769127; 331561, 3769130; 

331601, 3769127; 331640, 3769120; 

331689, 3769102; 331730, 3769079; 

331776, 3769041; 331804, 3769010; 

331919, 3768962; 332066, 3768881; 

332127, 3768839; 332167, 3768801; 

332211, 3768752; 332249, 3768696; 

332266, 3768661; 332287, 3768601; 

332295, 3768563; 332297, 3768524; 

332290, 3768450; 332283, 3768412; 

332270, 3768375; 332243, 3768323; 

332201, 3768268; 332173, 3768240; 

332125, 3768206; 332061, 3768174; 

332024, 3768161; 331973, 3768152; 

331959, 3768093; 331934, 3768038; 

331900, 3767990; 331854, 3767947; 

331823, 3767927; 331791, 3767911; 

331730, 3767892; 331663, 3767886; 

331631, 3767889; 331592, 3767896; 

331532, 3767919; 331501, 3767937; 

331469, 3767962; 331431, 3768002; 

331400, 3768050; 331354, 3768082; 

331323, 3768113; 331286, 3768165; 

331271, 3768197; 331258, 3768235; 

331250, 3768274; 331248, 3768314; 

331255, 3768382; 331268, 3768423; 

331282, 3768454; 331233, 3768502; 

331199, 3768557; 331184, 3768594; 

331175, 3768624; 331168, 3768692. 

(ii) Note: Unit 3 (Map 3 for Astragalus 

brauntonii) follows: 

Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 69013 


EP10NO05.303</GPH>
69014 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 

(9) Unit 4 for Astragalus brauntonii: 

Pacific Palisades Unit, Los Angeles 

County, California. 

(i) Unit 4: From USGS 1:24,000 scale 

quadrangle Topanga. Land bounded by 

the following UTM zone 11, NAD83 

coordinates (E, N): 355689, 3772332; 

355692, 3772371; 355699, 3772409; 

355712, 3772454; 355727, 3772490; 

355772, 3772569; 355811, 3772617; 

355858, 3772714; 355913, 3772798; 

355976, 3772866; 356021, 3772903; 

356119, 3772955; 356156, 3772968; 

356195, 3772975; 356234, 3772978; 

356338, 3772971; 356425, 3772950; 

356468, 3772931; 356516, 3772904; 

356623, 3772829; 356663, 3772786; 

356695, 3772734; 356801, 3772649; 

356922, 3772594; 357127, 3772555; 

357173, 3772568; 357211, 3772573; 

357374, 3772580; 357443, 3772577; 

357482, 3772572; 357520, 3772562; 

357587, 3772531; 357635, 3772497; 

357691, 3772438; 357722, 3772388; 

357742, 3772333; 357754, 3772270; 

357779, 3772064; 357777, 3772005; 

357768, 3771958; 357784, 3771933; 

357808, 3771884; 357825, 3771827; 

357846, 3771692; 357846, 3771653; 

357840, 3771605; 357897, 3771504; 

358105, 3771318; 358313, 3771166; 

358364, 3771149; 358428, 3771115; 

358485, 3771069; 358531, 3771013; 

358558, 3770967; 358578, 3770918; 

358591, 3770866; 358597, 3770816; 

358595, 3770755; 358585, 3770703; 

358568, 3770652; 358544, 3770605; 

358501, 3770546; 358448, 3770497; 

358386, 3770458; 358318, 3770432; 

358266, 3770422; 358193, 3770420; 

358121, 3770431; 358053, 3770456; 

358007, 3770483; 357951, 3770528; 

357904, 3770584; 357877, 3770630; 

357863, 3770664; 357732, 3770798; 

357639, 3770863; 357601, 3770984; 

357552, 3771121; 357410, 3771202; 

357332, 3771226; 357278, 3771255; 

357300, 3771301; 357333, 3771340; 

357360, 3771395; 357393, 3771449; 

357415, 3771526; 357409, 3771581; 

357401, 3771617; 357376, 3771641; 

357354, 3771668; 357346, 3771747; 

357360, 3771794; 357418, 3771889; 

357429, 3771916; 357430, 3771940; 

357421, 3771960; 357411, 3771975; 

357394, 3771986; 357361, 3771991; 

357331, 3771991; 357278, 3771981; 

357247, 3771996; 357218, 3772022; 

357197, 3772033; 357156, 3772046; 

357117, 3772046; 357039, 3772030; 

356980, 3772059; 356868, 3772150; 

356790, 3772191; 356615, 3772271; 

356538, 3772284; 356509, 3772273; 

356461, 3772259; 356470, 3772138; 

356465, 3772043; 356455, 3771985; 

356443, 3771947; 356415, 3771884; 

356384, 3771834; 356373, 3771821; 

356332, 3771825; 356267, 3771885; 

356202, 3771924; 356132, 3771955; 

356083, 3771989; 356049, 3772028; 

356029, 3772068; 356018, 3772112; 

356035, 3772161; 356040, 3772210; 

356019, 3772272; 356010, 3772288; 

355979, 3772303; 355961, 3772306; 

355929, 3772303; 355911, 3772295; 

355883, 3772262; 355849, 3772233; 

355792, 3772204; 355720, 3772183; 

355709, 3772213; 355698, 3772251; 

355689, 3772332. 

(ii) Note: Unit 4 (Map 4 for Astragalus 

brauntonii) follows: 

Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 69015 


EP10NO05.304</GPH>
69016 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 

(10) Unit 5 for Astragalus brauntonii: 

Monrovia Unit, Los Angeles County, 

California. 

(i) Unit 5: From USGS 1:24,000 scale 

quadrangle Azusa and Mount Wilson. 

Land bounded by the following UTM 

zone 11, NAD83 coordinates (E, N): 

405959, 3781594; 405961, 3781633; 

405975, 3781691; 405990, 3781727; 

406009, 3781761; 406052, 3781816; 

406080, 3781843; 406111, 3781867; 

406145, 3781887; 406200, 3781908; 

406873, 3782076; 406912, 3782084; 

406980, 3782087; 407020, 3782085; 

407058, 3782077; 407113, 3782057; 

407163, 3782025; 407233, 3781959; 

407277, 3781964; 407323, 3781964; 

407349, 3781978; 407385, 3781993; 

407459, 3782014; 407497, 3782019; 

407537, 3782019; 407576, 3782014; 

407613, 3782003; 407650, 3781988; 

407709, 3781953; 407740, 3781929; 

407768, 3781902; 407801, 3781856; 

407833, 3781828; 407870, 3781783; 

407898, 3781731; 407911, 3781694; 

407923, 3781633; 407926, 3781594; 

407923, 3781555; 407915, 3781516; 

407903, 3781479; 407880, 3781433; 

407859, 3781400; 407829, 3781367; 

407798, 3781325; 407759, 3781285; 

407727, 3781261; 407676, 3781233; 

407608, 3781213; 407569, 3781208; 

407532, 3781207; 407467, 3781215; 

407415, 3781201; 407356, 3781195; 

407298, 3781201; 407247, 3781215; 

407211, 3781230; 407169, 3781255; 

407112, 3781249; 407073, 3781252; 

407018, 3781263; 406980, 3781275; 

406945, 3781293; 406896, 3781327; 

406854, 3781367; 406830, 3781398; 

406785, 3781386; 406750, 3781351; 

406611, 3781322; 406377, 3781250; 

406339, 3781243; 406300, 3781240; 

406261, 3781243; 406222, 3781250; 

406145, 3781281; 406101, 3781305; 

406070, 3781329; 406029, 3781372; 

406008, 3781405; 405983, 3781458; 

405965, 3781536; 405959, 3781594. 

(ii) Note: Unit 5 (Map 5 for Astragalus 

brauntonii) follows: 

Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 69017 


EP10NO05.305</GPH>
69018 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 

(11) Unit 6 for Astragalus brauntonii, 

Coal Canyon Unit, Orange County, 

California. 

(i) Unit 6: From USGS 1:24,000 scale 

quadrangle Black Star Canyon. Land 

bounded by the following UTM zone 11, 

NAD83 coordinates (E, N): 435130, 

3745354; 435136, 3745413; 435156, 

3745482; 435193, 3745550; 435230, 

3745595; 435260, 3745621; 435292, 

3745643; 435356, 3745672; 435394, 

3745682; 435433, 3745688; 435504, 

3745686; 435522, 3745747; 435550, 

3745799; 435597, 3745858; 435627, 

3745884; 435660, 3745906; 435665, 

3746005; 435678, 3746062; 435703, 

3746115; 435727, 3746152; 435797, 

3746305; 435830, 3746399; 435835, 

3746517; 435804, 3746647; 435757, 

3746783; 435730, 3746811; 435706, 

3746842; 435687, 3746876; 435672, 

3746912; 435654, 3746983; 435651, 

3747037; 435654, 3747076; 435661, 

3747114; 435674, 3747152; 435702, 

3747204; 435739, 3747249; 435804, 

3747304; 435856, 3747331; 435942, 

3747359; 436000, 3747369; 436069, 

3747367; 436045, 3747421; 436032, 

3747478; 436029, 3747531; 436035, 

3747641; 436049, 3747698; 436073, 

3747752; 436107, 3747800; 436141, 

3747832; 436106, 3747873; 436083, 

3747913; 436067, 3747950; 436054, 

3748008; 436051, 3748048; 436057, 

3748107; 436067, 3748146; 436092, 

3748201; 436118, 3748238; 436428, 

3748073; 436657, 3747997; 436645, 

3747950; 436632, 3747919; 436610, 

3747879; 436586, 3747847; 436629, 

3747812; 436656, 3747784; 436691, 

3747736; 436716, 3747680; 436759, 

3747649; 436787, 3747621; 436822, 

3747579; 436841, 3747545; 436856, 

3747508; 436870, 3747451; 436875, 

3747396; 436872, 3747354; 436885, 

3747323; 436895, 3747285; 436900, 

3747246; 436900, 3747206; 436946, 

3747163; 436991, 3747102; 437008, 

3747067; 437021, 3747031; 437040, 

3746948; 437046, 3746876; 437043, 

3745654; 437038, 3745615; 437028, 

3745577; 436985, 3745483; 436963, 

3745451; 436937, 3745421; 436886, 

3745373; 436855, 3745349; 436794, 

3745317; 436743, 3745296; 436694, 

3745282; 436655, 3745277; 436616, 

3745277; 436577, 3745282; 436539, 

3745292; 436488, 3745315; 436444, 

3745309; 436383, 3745308; 436344, 

3745314; 436306, 3745324; 436253, 

3745348; 436212, 3745374; 436181, 

3745398; 436144, 3745437; 436123, 

3745451; 436098, 3745412; 436051, 

3745361; 436020, 3745337; 435973, 

3745312; 435981, 3745236; 435978, 

3745197; 435970, 3745150; 435961, 

3745118; 435945, 3745082; 435926, 

3745048; 435902, 3745017; 435851, 

3744970; 435801, 3744939; 435746, 

3744918; 435677, 3744908; 435605, 

3744909; 435558, 3744918; 435520, 

3744931; 435476, 3744953; 435444, 

3744974; 435414, 3745000; 435387, 

3745031; 435312, 3745058; 435278, 

3745078; 435250, 3745099; 435223, 

3745123; 435197, 3745153; 435166, 

3745203; 435151, 3745239; 435140, 

3745277; 435133, 3745315; 435130, 

3745354. 

(ii) Note: Unit 6 (Map 6 for Astragalus 

brauntonii) follows: 

Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 69019 

* * * * * Dated: November 1, 2005. 

Craig Manson, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 05–22191 Filed 11–9–05; 8:45 am] 

BILLING CODE 4310–55–C 


EP10NO05.306</GPH>