Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Rules and Regulations 1525 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.418 is amended by 

alphabetically adding the following 

commodities to the table in paragraph 

(a)(2) and removing the text from 

paragraph (b) and reserving the 

paragraph designation and heading to 

read as follows: 

§ 180.418 Cypermethrin and an isomer 

zeta-cypermethrin; tolerances for residues. 

(a) * * * 

(2) * * * 

Commodity Parts per million 

* * * * * 

Borage, seed ........................ 0.2 

* * * * * 

Castor oil plant, refined oil ... 0.4 

Castor oil plant, seed ........... 0.2 

* * * * * 

Chinese tallowtree, refined 

oil ....................................... 0.4 

Chinese tallowtree, seed ...... 0.2 

* * * * * 

Citrus, dried pulp .................. 1.8 

Citrus, oil ............................... 4.0 

* * * * * 

Crambe, seed ....................... 0.2 

Cuphea, seed ....................... 0.2 

Echium, seed ........................ 0.2 

* * * * * 

Euphorbia, refined oil ........... 0.4 

Euphorbia, seed ................... 0.2 

Evening primrose, refined oil 0.4 

Evening primrose, seed ........ 0.2 

Flax, seed ............................. 0.2 

* * * * * 

Fruit, citrus, group 10 ........... 0.35 

* * * * * 

Gold of pleasure, seed ......... 0.2 

* * * * * 

Hare’s-ear mustard, seed ..... 0.2 

* * * * * 

Jojoba, refined oil ................. 0.4 

Jojoba, seed ......................... 0.2 

Lesquerella, seed ................. 0.2 

Lunaria, seed ........................ 0.2 

Meadowfoam, seed .............. 0.2 

* * * * * 

Milkweed, seed ..................... 0.2 

Mustard, seed ....................... 0.2 

Niger seed, refined oil .......... 0.4 

Niger seed, seed .................. 0.2 

* * * * * 

Oil radish, seed .................... 0.2 

Okra ...................................... 0.2 

* * * * * 

Poppy, seed .......................... 0.2 

* * * * * 

Rice, wild, grain .................... 1.5 

Rose hip, refined oil ............. 0.4 

Rose hip, seed ..................... 0.2 

Safflower, seed ..................... 0.2 

Sesame, seed ....................... 0.2 

* * * * * 

Stokes aster, refined oil ........ 0.4 

Stokes aster, seed ................ 0.2 

Commodity Parts per million 

* * * * * 

Sweet rocket, seed ............... 0.2 

Tallowwood, refined oil ......... 0.4 

Tallowwood, seed ................. 0.2 

Tea oil plant, refined oil ........ 0.4 

Tea oil plant, seed ................ 0.2 

* * * * * 

Vernonia, refined oil ............. 0.4 

Vernonia, seed ..................... 0.2 

* * * * * 

(b) Section 18 emergency exemptions. 

[Reserved] 

* * * * * 

[FR Doc. E7–25392 Filed 1–8–08; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R8–ES–2007–0026; 92210–1117–

0000; ABC Code: B4] 

RIN 1018–AU83 

Endangered and Threatened Wildlife 

and Plants; Designation of Critical 

Habitat for the Monterey Spineflower 

(Chorizanthe pungens var. pungens) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are 

designating revised critical habitat for 

the threatened Monterey spineflower 

(Chorizanthe pungens var. pungens) 

under the Endangered Species Act of 

1973, as amended (Act). In total, 

approximately 11,055 acres (ac) (4,475 

hectares (ha)) fall within the boundaries 

of this revised critical habitat 

designation. The revised critical habitat 

is located in Santa Cruz and Monterey 

counties, California. 

DATES: This rule becomes effective on 

February 8, 2008. 

ADDRESSES: Comments and materials we 

received, as well as supporting 

documentation we used in the 

preparation of this final rule, are 

available for public inspection, by 

appointment, during normal business 

hours at the Ventura Fish and Wildlife 

Office, 2493 Portola Road, Suite B, 

Ventura, CA 93003 (telephone 805–644–

1766). The final rule, economic analysis, 

and more detailed maps are also 

available on the Internet at http:// 

www.fws.gov/ventura. 

FOR FURTHER INFORMATION CONTACT: 

Connie Rutherford, Listing and 

Recovery Coordinator for Plants, 

Ventura Fish and Wildlife Office (see 

ADDRESSES), (telephone 805–644–1766, 

ext. 306; facsimile 805–644–3958). If 

you use a telecommunications device 

for the deaf (TDD), call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

It is our intent to discuss only those 

topics directly relevant to the 

designation of revised critical habitat in 

this rule. For more detailed background 

information on the appearance, seed 

ecology, habitat requirements, and the 

historical and current distribution of 

Chorizanthe pungens var. pungens, refer 

to the proposed revised critical habitat 

designation published in the Federal 

Register on December 14, 2006 (71 FR 

75189), and the previous final 

designation of critical habitat for C. p. 

var. pungens published in the Federal 

Register on May 29, 2002 (67 FR 37498). 

Additional information on C. p. var. 

pungens is also available in the final 

listing rule published in the Federal 

Register on February 4, 1994 (59 FR 

5499). 

Chorizanthe pungens var. pungens is 

an annual species in the buckwheat 

family (Polygonaceae). It is a lowgrowing herb that is soft-hairy and 

grayish or reddish in color, with whiteto rose-colored flowers. It produces one 

seed per flower, and depending on the 

vigor of an individual plant, dozens to 

over one hundred seeds can be 

produced (Abrams 1944, F35–1; Fox et 

al. 2006, pp. 162–163). Seed dispersal in 

C. p. var. pungens is likely facilitated by 

hooked spines on the structure 

surrounding the seed. In the 

Chorizanthe genus, these are believed to 

attach to passing animals and disperse 

seed between plant colonies and 

populations (Reveal 2001, unpaginated). 

Wind also disperses seed within 

colonies and populations. 

Previous Federal Actions 

On May 29, 2002, we designated 

critical habitat for Chorizanthe pungens 

var. pungens on approximately 18,829 

acres (ac) (7,620 hectares (ha)) of land in 

Santa Cruz and Monterey counties, 

California (67 FR 37498). In March 

2005, the Homebuilders Association of 

Northern California, et al., filed suit 

against the Service (CV–013630LKK–

JFM) challenging final critical habitat 

rules for several species, including 

Chorizanthe pungens var. pungens. In 

March 2006, a settlement was reached 

that requires the Service to re-evaluate 

five final critical habitat designations, 

including critical habitat designated for 


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1526 Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Rules and Regulations 

C. p. var. pungens. The settlement 

stipulated that any proposed revisions 

to the C. p. var. pungens designation 

would be submitted to the Federal 

Register for publication on or before 

December 7, 2006, and a final 

determination by December 7, 2007. We 

published the proposed revisions to the 

critical habitat designation for C. p. var. 

pungens in the Federal Register on 

December 14, 2006 (71 FR 75189), and 

accepted public comments on the 

proposed revisions until February 12, 

2007. This final rule completes the 

Service’s obligation regarding this 

species under the March 2006 

settlement agreement. 

On October 16, 2007, we published a 

notice announcing the availability of the 

draft economic analysis and reopening 

the public comment period on the 

revised proposed rule (72 FR 58618). 

This comment period closed on October 

31, 2007. For more information on 

previous Federal actions concerning 

Chorizanthe pungens var. pungens, refer 

to the three documents we previously 

published in the Federal Register and 

identified above in this ‘‘Previous 

Federal Actions’’ section. 

Summary of Comments and 

Recommendations 

We requested written comments from 

the public on the proposed revised 

designation of critical habitat for 

Chorizanthe pungens var. pungens in 

the revised proposed rule published on 

December 14, 2006 (71 FR 75189) and 

again in a subsequent notice of 

availability of the draft economic 

analysis published in the Federal 

Register on October 16, 2007 (72 FR 

58618). We also contacted appropriate 

Federal, State, and local agencies; 

scientific organizations; and other 

interested parties and invited them to 

comment on the revised proposed rule. 

During the comment period that 

opened on December 14, 2006, and 

closed on February 12, 2007, we 

received five comment letters directly 

addressing the proposed revised critical 

habitat designation: Three from peer 

reviewers, and two from organizations 

or individuals. During the comment 

period that opened on October 16, 2007, 

and closed on October 31, 2007, we 

received two comment letters 

addressing the proposed revised critical 

habitat designation and the draft 

economic analysis. Of these latter 

comments, one was from a landowner, 

and one was from an individual. Of the 

seven total letters, two commenters 

expressed support for a designation of 

critical habitat for Chorizanthe pungens 

var. pungens, two opposed part or all of 

the designation of critical habitat for 

this taxon, and three letters included 

comments or information but did not 

express support or opposition to the 

proposed revised critical habitat 

designation. Comments we received are 

addressed in the following summary 

and incorporated into this final rule as 

appropriate. We did not receive any 

requests for a public hearing. 

Peer Review 

In accordance with our policy 

published on July 1, 1994 (59 FR 

34270), we solicited expert opinions 

from three knowledgeable individuals 

with scientific expertise that included 

familiarity with the species, the 

geographic region in which the species 

occurs, and conservation biology 

principles. We received responses from 

all three of the peer reviewers. The peer 

reviewers provided additional 

information, clarifications, and 

suggestions to improve the revised final 

critical habitat rule. 

We reviewed all comments we 

received from the peer reviewers and 

the public for substantive issues and 

new information regarding critical 

habitat for Chorizanthe pungens var. 

pungens, and we address them in the 

following summary. 

Peer Reviewer Comments 

(1) Comment: One peer reviewer 

noted that we had reduced the size of 

the units in the proposed revised 

designation as compared to the 2002 

designation. The reviewer questioned 

why the northernmost area of Unit 2 has 

been divided into 2 subunits that are no 

longer continuous along the coastline. 

The commenter noted that the 

separation between the 2 northern 

subunits seemed artificial because 

appropriate habitat is continuous along 

that stretch of coastline. 

Our Response: We used a multi-step 

process to identify and delineate critical 

habitat units. First we mapped all 

California Natural Diversity Database 

(CNDDB) records and additional records 

from recent surveys that have been 

reported to the CNDDB but have not yet 

been entered into their database in a 

Geographic Information System (GIS) 

format. We then selected sites from 

among this data set that contain the 

physical and biological features 

essential to the conservation of C. p. var. 

pungens, that may require special 

management considerations or 

protection, and would result in a 

designation that: (a) Represents the 

geographical range of the species, and 

captures peripheral populations; (b) 

encompasses large occurrences in large 

areas of contiguous native habitat, as 

these have the highest likelihood of 

persisting through the environmental 

extremes that characterize California’s 

climate and of retaining the genetic 

variability to withstand future 

introduced stressors (e.g., new diseases, 

pathogens, or climate change); (c) 

includes the range of plant communities 

and soil types in which Chorizanthe 

pungens var. pungens is found, (d) 

maintains connectivity of occurrences; 

(e) maintains the disturbance factors 

that create the openings in vegetation 

cover on which this taxon depends; and 

(f) provides for the sufficient quantity 

and spatial arrangement of the primary 

constituent element (PCE) to provide for 

the conservation of the species. 

Once we identified all areas that 

contain the physical and biological 

features essential to the conservation of 

the species, we focused first on those 

areas that were either already protected, 

managed, or unencumbered by 

conflicting use (e.g., undeveloped 

County or City parks) or otherwise best 

suited for future conservation (e.g., 

proposed preservation areas). 

Populations in these areas are most 

likely to persist into the future and to 

contribute to the species’ survival and 

recovery. We prioritized our selection in 

the following manner: First we included 

undeveloped Federal and State lands, 

then local agency and private lands with 

recognized resource conservation 

emphasis (e.g., lands owned by a 

conservation-oriented, non-profit 

organization, or undeveloped County or 

City parks), and finally other agency and 

private lands. 

Based on the comments received by 

the peer reviewer, we have reviewed the 

biological information available for the 

lands in and adjacent to the northern 

two subunits of Unit 2 (Moss Landing 

Unit). Approximately 224 ac (91 ha) of 

State lands containing the essential 

features for Chorizanthe pungens var. 

pungens occur along this stretch of 

coastline, within Zmudowski and Moss 

Landing State Beaches. Of the 26 ac 

(10.5 ha) of land that occurs between the 

two northernmost subunits of Unit 2, 6 

ac (2.4 ha) are county-owned and 20 ac 

(8.1 ha) are privately owned. The habitat 

between the two northernmost subunits 

contains the features essential for the 

conservation of C. p. var. pungens, is 

occupied by the species, and together 

with the State lands on either side, 

provides one contiguous block of coastal 

habitat for the species. The 26 ac (10.5 

ha) of habitat were included in our 

previous critical habitat designation of 

2002 and protection of this coastal area 

is identified in the Recovery Plan for C. 

p. var. pungens as one of the criteria to 

recover and de-list the species. We 

conclude that the 26 acres (10.5 ha) of 


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land between the two northernmost 

subunits of Unit 2 are essential to the 

conservation of C. p. var. pungens and 

have included the lands in the final 

revised designation. 

(2) Comment: Two peer reviewers 

commented on the response of 

Chorizanthe pungens var. pungens to 

human-caused disturbance. One peer 

reviewer commended the Service for 

distinguishing between human-caused 

disturbance that results in unvegetated 

openings (e.g., roadsides or trails) that 

may be colonized by C. p. var. pungens 

and openings caused by animals or 

other non-human factors in ecologically 

intact, dynamic, dune communities. 

This reviewer described observations 

made at Moss Landing Marine 

Laboratories where biologists 

distributed seeds of C. p. var. pungens 

in dune soils disturbed by construction. 

Although these attempts resulted in 

initially large numbers of flowering C. p. 

var. pungens, the numbers declined 

substantially over the following 6 years, 

even though there appeared to be 

sufficient bare ground for the 

persistence of C. p. var. pungens. The 

other peer reviewer indicated that from 

her 10 years of experience with C. p. 

var. pungens it is clear that humancaused disturbances, such as roads and 

trails, are soon invaded by nonnative, 

invasive plants, which compete with C. 

p. var. pungens. The peer reviewer 

suggested that invasive, nonnative 

plants must be controlled on roads and 

trails to prevent a decline in C. p. var. 

pungens, and that if roads and trails are 

not needed they should be restored to a 

condition where openings between 

shrubs are free of nonnative plant 

species. 

Our Response: We appreciate the 

information provided by the peer 

reviewers and have provided 

clarifications in the section titled 

‘‘Criteria Used to Identify Critical 

Habitat’’ in this final rule in response to 

their comments. 

(3) Comment: One peer reviewer 

indicated that the area for Unit 8 (Fort 

Ord) is an overestimate of area actually 

occupied by Chorizanthe pungens var. 

pungens. The reviewer noted that the 

proposed unit contains high quality 

habitat for C. p. var. pungens in some 

areas, while other areas support a high 

cover of perennials or have been 

invaded by nonnative plant species. 

Our Response: We recognize that the 

area of Unit 8 (Fort Ord Unit) exceeds 

the area currently documented to be 

occupied by Chorizanthe pungens var. 

pungens because, due to mapping 

limitations and scale, it does not 

exclude intervening, currently 

unoccupied habitat. Unit 8 contains 

multiple populations of C. p. var. 

pungens within a mosaic of oak 

woodland, coastal sage scrub, and 

maritime chaparral where the soil and 

vegetation structure currently provide 

the open conditions suitable for its 

growth and reproduction (i.e., the 

primary constituent element). Over 

time, the locations of suitable habitat 

will change as some maritime chaparral 

stands age, resulting in a continuous 

vegetation canopy, while other openings 

are created through shrub death, 

prescribed fire, or animal use. The size 

and configuration of Unit 8 is designed 

to accommodate the ephemeral and 

successional nature of any given 

opening in its ability to support C. p. 

var. pungens and the value of habitat 

management at a landscape scale. 

(4) Comment: One peer reviewer 

noted the fragmented configuration of 

the proposed revised critical habitat and 

indicated that this configuration will 

require specific management actions to 

reduce the detrimental effects of 

fragmentation so that critical habitat can 

provide for the conservation of the 

species. 

Our Response: We recognize that, in 

many cases, development has already 

resulted in a discontinuous distribution 

of lands supporting the physical and 

biological features essential for the 

conservation of Chorizanthe pungens 

var. pungens. In cases where public 

lands supporting the essential features 

are contiguous, we have tried to 

designate those lands within the same 

critical habitat unit or subunit. For 

example, Unit 8 (Fort Ord) consists of 

public lands supporting the essential 

features over a relatively large area, 

unfragmented by development. This 

lack of intervening development 

improves the likelihood that future 

management will be able to promote 

multiple, large areas of the relatively 

open, maritime chaparral plant 

community that is suitable for C. p. var. 

pungens. We recognize that specific 

management actions will likely be 

needed in some of the designated units 

to overcome the disadvantages of habitat 

fragmentation. 

(5) Comment: One peer reviewer 

commented that it was not clear why 

the Del Rey Oaks unit from the 2002 

final designation was not included in 

the 2006 proposed revised critical 

habitat designation. 

Our Response: As we indicated in the 

revised proposed rule, the previously 

designated Del Rey Oaks unit contains 

substantial areas that have continued to 

be developed since 2002, and, as a 

consequence, the areas within the unit 

that contain the PCE for Chorizanthe 

pungens var. pungens are very 

fragmented. Therefore, the PCE is no 

longer in the spatial arrangement and 

quantity necessary to be considered 

essential to the conservation of the 

species. As we noted in our response to 

Comment 1, in determining which areas 

to include in critical habitat, we first 

identified all areas which contain the 

PCE for the species in sufficient 

quantity and spatial arrangement and 

are either already protected, managed, 

or unencumbered by conflicting use 

(e.g., Federal lands, undeveloped 

County or State parks, proposed 

preservation areas). These areas are the 

focus for our designation, as they 

generally consist of higher quality 

habitat that is most likely to persist into 

the future. The Del Rey Oaks unit 

designated in the 2002 final rule is in 

close proximity to the much larger Fort 

Ord unit (Unit 8). We determined that 

the Fort Ord unit, which encompasses a 

large amount of unfragmented public 

land that supports the essential physical 

and biological features, contains 

sufficient areas containing the PCE laid 

out in the appropriate quantity and 

spatial arrangement to provide for the 

conservation of C. p. var. pungens in 

this area. 

(6) Comment: One peer reviewer 

commented that mowing can be an 

appropriate management tool where 

nonnative annual grasses have invaded, 

if mowing is done at the proper time 

and height to remove annual grass 

seedheads prior to their maturity, while 

leaving the low-growing Chorizanthe 

pungens var. pungens intact. 

Our Response: We agree that where 

nonnative grasses are abundant, mowing 

could potentially be designed to avoid 

Chorizanthe pungens var. pungens, 

while removing maturing grasses prior 

to seed maturity. We have revised the 

text under the ‘‘Primary Constituent 

Elements’’ section, below, to reflect this. 

Public Comments 

(7) Comment: One commenter 

recommended that two additional areas 

occupied by Chorizanthe pungens var. 

pungens be included in the critical 

habitat designation. One of these is 

Armstrong Ranch, which the commenter 

indicated would provide a connection 

between Units 3 and 8 in the proposed 

revised designation. The other site is a 

population at the summit of North 

Rodeo Gulch Road, northwest of Soquel 

in Santa Cruz County, which the 

commenter indicated supports the 

northernmost population of C. p. var. 

pungens. 

Our Response: In designing this 

critical habitat designation, we sought to 

include locations throughout the range 

of the species that encompass the 

variation in soil type, vegetation 


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1528 Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Rules and Regulations 

communities, elevation, and coastal 

influences of sites where populations of 

Chorizanthe pungens var. pungens 

occur. We chose to include in this 

revised designation lands at former Fort 

Ord and the coast, but did not include 

Armstrong Ranch. We recognize that 

Armstrong Ranch provides connectivity 

between Units 3 (Marina) and 8 (Fort 

Ord); however, we do not believe that 

these lands should be designated 

because they do not support the highest 

quality habitat and the PCE in the 

appropriate quantity and spatial 

arrangement for the conservation of C. 

pungens var. pungens. Due to its 

agricultural past, Armstrong Ranch is 

dominated by nonnative annual grasses, 

with infrequent patches of coastal sage 

scrub. In designating Units 3 (Marina) 

and 8 (Fort Ord), we have included in 

the designation the more sparsely 

vegetated dune sands of the coast and 

the more developed (i.e., deeper), 

ancient sandy soils of the interior Fort 

Ord, which support native coastal sage 

scrub and maritime chaparral 

vegetation. Consequently, we have 

encompassed the soil types and native 

plant communities representing the 

high quality habitat and the PCE in the 

appropriate quantity and spatial 

arrangement for the conservation of C. 

pungens var. pungens in this region. 

These are the lands that we believe are 

essential to the conservation of C. p. var. 

pungens. 

We did not include the Chorizanthe 

population near North Rodeo Gulch 

Road in this revised designation, 

because of uncertainty regarding its 

taxonomy. A preliminary genetic 

analysis in 2007 (Baron and Brinegar 

2007, p. 5) determined that the 

molecular data from this population is 

consistent with that of Chorizanthe 

pungens var. pungens and the robust 

spineflower (C. robusta var. robusta), 

but that analysis could not assign this 

population to one or the other of the two 

taxa. Other techniques are now being 

used to investigate the relationship of 

this population to these taxa. Therefore, 

to represent the most northern 

distribution of C. pungens var. pungens, 

we designated the location near 

Freedom Boulevard. This location is the 

one for which we have the most 

complete information, it supports the 

PCE in the appropriate quantity and 

spatial arrangement, and encompasses a 

large population of C. p. var. pungens. 

(8) Comment: One commenter 

suggested that the boundaries for Unit 5, 

the Freedom Boulevard Unit, be 

redrawn to encompass a location that 

supports the PCE and a population of 

Chorizanthe pungens var. pungens on 

an approximately 15 ac (6 ha), privately 

owned parcel near the intersection of 

Valencia Road and Freedom Boulevard, 

and just outside the boundary of the 

proposed Freedom Boulevard Unit. 

Our Response: We had information 

about other populations of Chorizanthe 

pungens var. pungens that exist in the 

Freedom Boulevard area. However, we 

did not include the lands that support 

those populations in our revised 

proposed rule published in 2006 

because most of those lands are 

fragmented by rural ‘‘ranchette’’-type 

development and were not likely to 

support populations of Chorizanthe 

pungens var. pungens into the future. 

We concluded that the area included in 

the final revised designation provides 

sufficient areas containing the PCE in 

the quantity and spatial arrangement for 

the conservation of the species in this 

portion of the species’ range. These 24 

ac (10 ha) support the essential physical 

and biological features and one of the 

largest populations of Chorizanthe 

pungens var. pungens in the Freedom 

Boulevard area for which we have 

documentation. 

(9) Comment: One commenter 

questioned whether the mapping was 

correct for the southern boundary of 

proposed Unit 3 (Marina). The 

commenter noted that the map appears 

to encompass an approximately 0.5 ac 

(0.2 ha) privately owned parcel, but that 

the description states that the unit 

contains only State lands. 

Our Response: The commenter is 

correct in noting that our map for Unit 

3 contained an error at the southern 

boundary. To delineate these unit 

boundaries, we used parcel data from 

the Department of the Army (Army) for 

Fort Ord. We did not realize it did not 

match the parcel boundaries from the 

Monterey County assessor’s office. We 

intend Unit 3 to extend south only to 

the boundary of State land, and we have 

made the correction in this revised 

designation. No private lands are 

included in this unit. 

(10) Comment: One commenter 

suggested that the microclimate of the 

inland area in Unit 9 (Soledad) does not 

seem consistent with the coastal habitat 

described for Chorizanthe pungens var. 

pungens. 

Our Response: As we indicated in the 

revised proposed rule, the habitat of 

Chorizanthe pungens var. pungens is 

sandy soils in active dune systems and 

bluffs, grassland, scrub, chaparral, and 

woodland communities containing open 

areas free of other vegetation. The taxon 

is not restricted to dunes on the 

immediate coast. Historically, in the late 

1800s and early 1900s, several 

collections of C. p. var. pungens were 

made from the Salinas Valley, and we 

know of one extant population in the 

Salinas Valley in interior Monterey 

County on the lands we are designating 

as Unit 9. Please see the discussion in 

the ‘‘Critical Habitat Designation’’

section of this final rule for more 

information on Unit 9 and its value to 

the conservation of the species. 

(11) Comment: One commenter stated 

that the process of designating critical 

habitat for endangered species was 

invalid because the Endangered Species 

Act had expired. 

Our Response: The Endangered 

Species Act has not expired. Section 15 

of the Act, which authorizes 

appropriations to carry out functions 

and responsibilities under the Act, has 

text authorizing funding through fiscal 

year 1992, i.e., the funding 

authorization provided in Section 15 

expired on October 1, 1992. Although 

Section 15 has not been amended to 

change the authorization language, 

Congress has appropriated funds for 

continued implementation of the 

administrative provisions of the Act in 

each subsequent fiscal year, and these 

annual Congressional decisions are a de 

facto extension of the authorization of 

appropriations. All of the requirements 

and prohibitions of the Act remain in 

force, even in the absence of a change 

in the text of Section 15 of the Act. 

(12) Comment: One commenter stated 

that zero acres should be designated as 

critical habitat. 

Our Response: The identification of 

areas that are essential for the 

conservation of the species is beneficial. 

The process of designating critical 

habitat, in which we clearly delineate 

features and areas of high conservation 

value for the species, helps focus and 

promote conservation efforts by other 

parties. Critical habitat designations 

may also provide greater regulatory 

benefits to the recovery of a species than 

would listing alone because the analysis 

of effects to critical habitat is a separate 

and different analysis from that of the 

effects to the species. Under section 7(a) 

of the Act, Federal agencies must insure 

that their actions are not likely to (1) 

jeopardize the continued existence of a 

listed species, or (2) result in the 

destruction or adverse modification of 

that species’ critical habitat. The 

regulatory standard is different for each: 

the jeopardy analysis looks at the 

action’s impact on survival and recovery 

of the species, while the adversemodification analysis looks at the 

action’s effects on the designated 

habitat’s contribution to the species’

conservation. 


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Comments Related to the Draft 

Economic Analysis 

(13) Comment: One commenter stated 

that the future costs associated with 

conservation efforts for Chorizanthe 

pungens var. pungens forecasted in the 

draft economic analysis are estimates, 

which are almost always far below what 

the eventual costs are when they are 

counted. 

Our Response: The purpose of the 

draft economic analysis is to estimate 

the economic impact of actions taken to 

protect Chorizanthe pungens var. 

pungens and its habitat. It attempts to 

quantify the economic effects associated 

with the proposed revised designation 

of critical habitat. It does so by taking 

into account the cost of conservation 

related measures that are likely to be 

associated with future economic 

activities that may adversely affect the 

habitat within the proposed revised 

boundaries. The analysis looks 

retrospectively at costs incurred since C. 

p. var. pungens was listed, and it 

attempts to predict future costs likely to 

occur after the proposed revised critical 

habitat designation is finalized. It does 

this by incorporating the best available 

information from the section 7 

consultations, the Recovery Plan, and 

conversations with landowners and the 

Service. 

(14) Comment: One commenter noted 

that the designation of proposed critical 

habitat unit 9 would damage farming 

operations in the immediate area. The 

commenter stated that unit 9 is 

surrounded by farming operations, 

presently partially farmed, and planned 

for additional farm development. The 

commenter requests that the economic 

analysis consider the negative impact of 

critical habitat designation on the farm. 

Our Response: After many attempts to 

speak with this commenter, he could 

not be reached regarding future farming 

development and whether or not a 

federal nexus would occur on his land 

after critical habitat is designated. We 

lack sufficient information to quantify 

the impacts to the commenter of the 

critical habitat designation. 

Summary of Changes From the Revised 

Proposed Rule and Previous Critical 

Habitat Designation 

In preparing this final revised critical 

habitat designation for Chorizanthe 

pungens var. pungens, we reviewed and 

considered comments from the public 

and peer reviewers on the proposed 

revised designation of critical habitat 

published on December 14, 2006 (71 FR 

75189), and public comments on the 

draft economic analysis published on 

October 16, 2007 (72 FR 58618). As a 

result of all comments received on the 

revised proposed rule and the draft 

economic analysis, we made changes to 

our proposed revised designation, as 

follows: 

(1) We corrected the error in Unit 3 

by remapping its southern boundary to 

match the boundary of State lands. This 

resulted in a reduction of Unit 3 from 

884 ac (358 ha) to 881 ac (357 ha). The 

acreage change is reflected in Table 1. 

(2) We included 26 ac (10.5 ha) that 

had been included in our previous 2002 

critical habitat designation between the 

2 northernmost subunits of Unit 2 (Moss 

Landing). 

(3) We incorporated technical 

information provided by the peer 

reviewers. 

(4) We revised the PCE to incorporate 

the dynamic processes that create and 

maintain openings in the vegetation 

communities in which Chorizanthe 

pungens var. pungens grows. 

This final designation is unchanged 

from the proposed revised designation 

with the following exceptions: (1) The 

correction of a mapping error has 

reduced Unit 3 by 3 ac (1 ha); and (2) 

the inclusion of 26 ac (10.5 ha) that had 

been included in our previous 2002 

critical habitat designation between the 

2 northern subunits of Unit 2 (Moss 

Landing), which has increased the size 

of that unit. The result of these changes 

has been the increase of final critical 

habitat designated to 11,055 ac (4,475 

ha); this represents a total of 23 ac (9 ha) 

more than what we proposed in 2006. 

At the same time, this represents a 

decrease of 7,774 ac (3,145 ha) from 

what we previously designated as 

critical habitat in 2002. 

The areas identified in this revised 

critical habitat designation constitute a 

revision from the areas we designated as 

critical habitat for Chorizanthe pungens 

var. pungens on May 29, 2002 (67 FR 

37498). The main differences include 

the following: 

(1) The 2002 critical habitat rule (67 

FR 37498) consisted of 10 units 

comprising a total of 18,829 ac (7,620 

ha). This revision includes 9 units 

comprising a total of 11,055 ac (4,475 

ha). Eight of the units in the revision are 

generally located in the same geographic 

locations as those from the previous 

designation and bear the same unit 

names. The ninth unit in this revision 

(Unit 6—Manresa) was included in the 

previous proposed critical habitat 

designation in 2000, but dropped from 

the previous final designation in 2002 

due to confusion concerning the 

identity of the spineflower populations 

that occur there. Since 2002, we 

confirmed the presence of Chorizanthe 

pungens var. pungens at Manresa State 

Beach. Additionally, two of the units 

included in the previous designation in 

2002 are not included in this revision. 

One of these units, Del Rey Oaks, has 

substantial areas of development within 

its boundaries, and, as a consequence, 

the areas within the unit that contain 

the essential features are very 

fragmented. The second of these units, 

Bel Mar, is in close proximity to Unit 6 

(Manresa) included in this revision, but 

not included in the 2002 critical habitat 

rule. The Monterey spineflower in Unit 

6 (Manresa) was recently discovered 

and contains a more robust population 

than the Bel Mar unit. For these reasons, 

the Del Rey Oaks and Bel Mar units 

designated in 2002 are no longer 

considered essential to the conservation 

of the species. 

(2) We revised the PCEs. The 2002 

critical habitat rule listed four separate 

elements that we believed to be 

important to maintaining populations of 

Chorizanthe pungens var. pungens 

where they occur (soils, plant 

communities, low cover of nonnative 

species, and physical processes that 

support natural dune dynamics). In this 

revision of critical habitat, we have 

combined these four elements within 

one PCE in an effort to emphasize the 

overarching importance of the structure 

of the vegetation (mosaic with openings 

between the dominant elements). 

(3) Most of the units in this revision 

are smaller in acreage than their 

counterpart units in the 2002 critical 

habitat rule. The decrease in size is due 

primarily to the removal of numerous 

parcels in private ownership where, due 

to the availability of updated aerial 

imagery, we removed areas of 

development included in the 2002 

critical habitat rule and areas developed 

since the publication of the 2002 rule. 

In addition, the changes to Unit 7 are 

due to the removal of areas designated 

in the 2002 rule that are underlain by 

soil types not known to support 

Monterey spineflower, and removal of 

areas containing suitable soils isolated 

by development (and not known to 

support Monterey spineflower). The 

resulting units are more accurately 

mapped to include those areas that 

contain the PCE laid out in the 

appropriate quantity and spatial 

arrangement for the conservation of the 

species. 

Critical Habitat 

Critical habitat is defined in section 3 

of the Act as: 

(1) 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 


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(a) Essential to the conservation of the 

species and 

(b) Which may require special 

management considerations or 

protection; and 

(2) Specific areas outside the 

geographical area occupied by a species 

at the time it is listed, upon a 

determination that such areas are 

essential for the conservation of the 

species. 

Conservation, as defined under 

section 3 of the Act, means the use of 

all methods and procedures that are 

necessary to bring any endangered 

species or threatened species to the 

point at which the measures provided 

under the Act are no longer necessary. 

Critical habitat receives protection 

under section 7 of the Act through the 

prohibition against Federal agencies 

carrying out, funding, or authorizing the 

destruction or adverse modification of 

critical habitat. Section 7 of the Act 

requires consultation on Federal actions 

that may affect critical habitat. The 

designation of critical habitat does not 

affect land ownership or establish a 

refuge, wilderness, reserve, preserve, or 

other conservation area. Such 

designation does not allow the 

government or public to access private 

lands. Such designation does not 

require implementation of restoration, 

recovery, or enhancement measures by 

the landowner. Where the landowner 

seeks or requests federal agency funding 

or authorization may affect a listed 

species or critical habitat, the 

consultation requirements of Section 7 

would apply, but even in the event of 

a destruction or adverse modification 

finding, the landowner’s obligation is 

not to restore or recover the species, but 

to implement reasonable and prudent 

alternatives to avoid destruction or 

adverse modification of critical habitat. 

For inclusion in a critical habitat 

designation, habitat within the 

geographical area occupied by the 

species at the time it was listed must 

contain the physical and biological 

features that are essential to the 

conservation of the species. Critical 

habitat designations identify, to the 

extent known using the best scientific 

data available, habitat areas that provide 

essential life cycle needs of the species 

(areas on which are found the primary 

constituent elements laid out in the 

appropriate quantity and spatial 

arrangement for the conservation of the 

species, as defined at 50 CFR 424.12(b)). 

Areas within the geographical area 

occupied by the species that contain the 

physical and biological features 

essential to the conservation of the 

species meet the definition of critical 

habitat only if those features may 

require special management 

considerations or protection. 

Under the Act, we can designate an 

area outside of the geographical area 

occupied by the species at the time of 

listing as critical habitat only when we 

determine that the best available 

scientific data demonstrate that the 

designation of that area is essential to 

the conservation needs of the species. 

Section 4 of the Act requires that we 

designate critical habitat on the basis of 

the best scientific and commercial data 

available. Further, our Policy on 

Information Standards Under the 

Endangered Species Act (published in 

the Federal Register on July 1, 1994 (59 

FR 34271)), the Information Quality Act 

(section 515 of the Treasury and General 

Government Appropriations Act for 

Fiscal Year 2001 (Pub. L. 106–554; H.R. 

5658)), and our associated Information 

Quality Guidelines, provide criteria, 

establish procedures, and provide 

guidance to ensure that our decisions 

are based on the best scientific data 

available. They require our biologists, to 

the extent consistent with the Act and 

with the use of the best scientific data 

available, to use primary and original 

sources of information as the basis for 

recommendations to designate critical 

habitat. 

When we are determining which areas 

should be designated as critical habitat, 

our primary source of information is 

generally the information developed 

during the listing process for the 

species. Additional information sources 

may include the recovery plan for the 

species, articles in peer-reviewed 

journals, conservation plans developed 

by States and counties, scientific status 

surveys and studies, biological 

assessments, or other unpublished 

materials and expert opinion or 

personal knowledge. 

Habitat is often dynamic, and species 

may move from one area to another over 

time. Furthermore, we recognize that 

designation of critical habitat may not 

include all of the habitat areas that we 

may eventually determine, based on 

scientific data not now available to the 

Service, are necessary for the recovery 

of the species. For these reasons, a 

critical habitat designation does not 

signal that habitat outside the 

designated area is unimportant or may 

not be required for recovery of the 

species. 

Areas that support populations of 

Chorizanthe pungens var. pungens, but 

are outside the critical habitat 

designation, will continue to be subject 

to conservation actions we implement 

under section 7(a)(1) of the Act. They 

are also subject to the regulatory 

protections afforded by the section 

7(a)(2) jeopardy standard, as determined 

on the basis of the best available 

scientific information at the time of the 

agency action. Federally funded or 

permitted projects affecting listed 

species outside their designated critical 

habitat areas may still result in jeopardy 

findings in some cases. Similarly, 

critical habitat designations made on the 

basis of the best available information at 

the time of designation will not control 

the direction and substance of future 

recovery plans, habitat conservation 

plans (HCPs), or other species 

conservation planning efforts if new 

information available to these planning 

efforts calls for a different outcome. 

Primary Constituent Elements 

In accordance with section 3(5)(A)(i) 

of the Act and regulations at 50 CFR 

424.12, in determining which areas to 

designate as critical habitat within the 

geographical area occupied by the 

species at the time of listing, we 

consider the physical and biological 

features that are essential to the 

conservation of the species to be the 

primary constituent elements laid out in 

the appropriate quantity and spatial 

arrangement for conservation of the 

species. These include, but are not 

limited to: 

(1) Space for individual and 

population growth and for normal 

behavior; 

(2) Food, water, air, light, minerals, or 

other nutritional or physiological 

requirements; 

(3) Cover or shelter; 

(4) Sites for breeding, reproduction, or 

rearing (or development) of offspring; 

and 

(5) Habitats that are protected from 

disturbance or are representative of the 

historic, geographical, and ecological 

distributions of a species. 

We derived the specific primary 

constituent element required for 

Chorizanthe pungens var. pungens from 

its biological needs, as described below. 

Space for Individual and Population 

Growth, Including Sites for Seed 

Dispersal and Germination, and for the 

Seed Bank 

Chorizanthe pungens var. pungens 

readily grows where suitable sandy 

substrates occur and, like other 

Chorizanthe species, where competition 

with other plant species is minimal 

(Harding Lawson Associates 2000, p. 1; 

Reveal 2001, unpaginated). Where C. p. 

var. pungens occurs within native plant 

communities, along the coast as well as 

at more interior sites, it occupies 

microhabitat sites between shrub stands 

where there is little cover from other 

herbaceous species. Where C. p. var. 


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pungens occurs within grassland 

communities, the density of C. p. var. 

pungens may decrease with an increase 

in the density of other herbaceous 

species. Conserved areas should be of 

sufficient size and spatial arrangement 

to maintain the native plant 

communities that support C. p. var. 

pungens, which include coastal dune, 

coastal scrub, grassland, maritime 

chaparral, oak woodland, and interior 

floodplain dune communities, and have 

a structure with openings between the 

dominant elements (Service 1998, p. 

20). 

These openings within the vegetation 

community should be free of nonnative 

invasive plant species. Not only do 

invasive, nonnative plants physically 

exclude Chorizanthe pungens var. 

pungens seedlings, but many of the 

hymenopteran (members of the insect 

order that includes bees, wasps, and 

ants) pollinators important to 

Chorizanthe pollination (e.g., sphecid 

wasps, bumblebees, and bees from the 

families Halictidae and Anthophoridae) 

require bare ground for nesting (Murphy 

2003a, p. 4). Removal of invasive, 

nonnative species may help to maintain 

existing rates of pollinator visitation. 

Although areas with little or no cover of 

invasive, nonnative species may be 

optimal for the conservation of C. p. var. 

pungens, seeds that could subsequently 

germinate may still be present beneath 

the canopy of the nonnative, invasive 

plants. 

Conservation of Chorizanthe pungens 

var. pungens depends not only on 

adequate space for growth, but also on 

maintaining the dynamic nature of C. p. 

var. pungens habitat, which ensures the 

availability of microsites appropriate for 

germination and growth. Coastal dune 

communities are subject to natural 

dynamic processes that create suitable 

openings in scrub and chaparral 

communities (Cooper 1967, pp. 63–72; 

Barbour and Johnson 1988, p. 242). 

Shifts in habitat composition caused by 

patterns of dune mobilization that create 

openings suitable for C. p. var. pungens 

are followed by stabilization and 

successional trends in coastal dune 

scrub that result in increased vegetation 

cover over time (Barbour and Johnson 

1988, p. 242). Accordingly, over time 

there are shifts in the distribution and 

size of individual colonies of C. p. var. 

pungens found in the gaps between 

shrub vegetation. In most years, one can 

find patches of plants separated by 

several feet (meters) or several hundred 

feet (meters) within a particular area. In 

following years, the distribution of 

plants may shift due to seed dispersal 

by animals or wind, emergence of seeds 

from a relatively short-lived soil seed 

bank, and/or fire that has opened up the 

vegetation canopy, creating a site 

suitable for germination of seeds and 

growth of this taxon. 

Human-caused disturbances, such as 

scraping of roads and firebreaks, can 

reduce the competition from other 

herbaceous species and consequently 

provide temporarily favorable 

conditions for Chorizanthe pungens var. 

pungens. This has been observed at 

former Fort Ord where C. p. var. 

pungens occurs along the margins of 

dirt roads (Army Corps of Engineers 

(Corps) 1992, p. 39; U.S. Bureau of Land 

Management (BLM) 2003, pp. 15–22). 

However, such activities also often 

promote the spread and establishment 

of nonnative species (Fusari and McStay 

2007, p. 9); in addition, they can bury 

the seedbank of C. p. var. pungens, and 

they do not result in the cycling of 

nutrients and soil microbial changes 

that are associated with large-scale 

natural disturbances such as fires 

(Stylinski and Allen 1999, pp. 544–554; 

Keeley and Keeley 1989, pp. 67–70). In 

one case, C. p. var. pungens had been 

initially abundant in disturbed soils 

where its seeds had been scattered, but 

it subsequently declined in abundance 

even though seemingly suitable open 

habitat persisted (Slattery 2007, pp. 1–

3). This type of management may not 

sustain populations over the long term 

and would likely result in a general 

degradation of habitat for C. p. var. 

pungens if conducted over large areas. 

Conservation of Chorizanthe pungens 

var. pungens depends on adequate 

space to promote pollinator activity and 

minimize the edge effects associated 

with urban development. Larger areas 

with a high area-to-edge ratio are less 

likely to be affected by the range of 

human activities that would alter 

adjacent C. p. var. pungens habitat. 

Potential edge effects identified for 

other Chorizanthe species that may also 

affect C. p. var. pungens include the 

introduction of nonnative plants (e.g., 

landscaping plants), roadside mowing 

for fuel reduction, informal recreation, 

trash and landscape waste dumping, 

hydrologic changes from landscape 

watering or increased paved surfaces, 

and pesticide drift (Conservation 

Biology Institute 2000, pp. 6–17). Large 

occurrences of C. p. var. pungens are 

more likely to attract insect pollinators 

necessary for gene flow and the 

production of viable seed, are better able 

to withstand periodic extreme 

environmental stresses (e.g., drought, 

disease), and may act as important 

‘‘source’’ populations to allow 

recolonization of surrounding areas 

following periodic extreme 

environmental stresses (Schemske et al., 

pp. 584–588). Small patches of plants 

have been documented to suffer 

reproductive failure due to lack of 

effective pollination when critical 

thresholds of isolation were exceeded. 

In contrast, sufficiently large patches of 

plants attracted pollinators regardless of 

their degree of isolation (Groom 1998, p. 

487). However, small populations of 

plants may serve other functions that 

support the long-term persistence of the 

species. They may serve as corridors for 

gene flow between larger populations, 

and may harbor greater levels of genetic 

diversity than predicted for their size 

(Lesica and Allendorf 1991, pp. 172–

175). 

Chorizanthe pungens var. pungens 

appears to function as an opportunistic 

annual plant, with most of its seeds 

germinating under variable winter 

conditions rather than persisting to 

create an extensive, long-lasting soil 

seed bank (Fox et al. 2006, p. 168). This 

highlights the importance of protecting 

above-ground plants from germination 

through seed set each year 

(approximately December through the 

following September), as it appears the 

persistence of C. p. var. pungens relies 

on successful seed set from the previous 

year in addition to adequate climatic 

conditions. This has implications for the 

amount of successive disturbance that 

C. p. var. pungens can endure and still 

persist. Management activities that are 

used for nonnative, invasive species 

removal, such as mowing, must be 

conducted in a manner that does not 

adversely affect seed development in 

the C. p. var. pungens population; 

otherwise, it is unlikely to be 

compatible with the long-term 

persistence of C. p. var. pungens. 

Areas That Provide the Basic 

Requirements for Growth (Such as 

Water, Light, and Minerals) 

Chorizanthe pungens var. pungens 

occurs on sandy soils with a variable 

origin, including active dunes, interior 

fossil dunes, and floodplain alluvium 

(Service 1998, pp. 1–13, 20). The most 

prevalent soil series represented are 

coastal beaches, dune sand, Baywood 

sand, Oceano loamy sand, Arnold loamy 

sand, Santa Ynez fine sandy loam, 

Arnold-Santa Ynez complex, Metz 

loamy sand, and Metz complex (Soil 

Conservation Service 1978, pp. 13–73; 

1980, pp. 9–81). Sites where C. p. var. 

pungens occurs are generally bare, 

sandy patches free of other vegetation 

(Zoger and Pavlik 1987, unpaginated). 

On the coast, it occurs in coastal dune 

scrub and chaparral communities 

(Service 1998, pp. 19–20; CNDDB 2006). 

Chorizanthe pungens var. pungens does 

not occur under dense stands of 


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vegetation, but will occur between more 

widely spaced shrubs or gaps in the 

shrub vegetation. At more inland sites, 

C. p. var. pungens occurs on sandy, 

well-drained soils in a variety of habitat 

types, most frequently maritime 

chaparral, valley oak woodlands, and 

grasslands (CNDDB 2006). In grassland 

and oak woodland communities, 

abundant annual grasses may 

outcompete C. p. var. pungens, but in 

places where grass species are 

controlled through grazing, mowing, or 

fire activities that are appropriate in 

timing and intensity, C. p. var. pungens 

may persist (e.g., Zander Associates 

2003, pp. B.22–B.24; Fusari 2007, p. 2). 

Additional specific information about 

the native plant communities associated 

with C. p. var. pungens can be found in 

the listing rule notice (59 FR 5499) and 

the previous final critical habitat 

designation (67 FR 37498). 

Primary Constituent Element for 

Chorizanthe pungens var. pungens 

Under the Act and its implementing 

regulations, we are required to identify 

the known physical and biological 

features within the geographical area 

occupied by Chorizanthe pungens var. 

pungens at the time of listing that are 

essential to the conservation of the 

species and that may require special 

management considerations or 

protections. 

Based on our current knowledge of 

the life history, biology, and ecology of 

the species and the requirements of the 

habitat to sustain the essential life 

history functions of the species, we have 

determined that the PCE for 

Chorizanthe pungens var. pungens is a 

vegetation structure arranged in a 

mosaic with openings between the 

dominant elements (e.g., scrub, shrub, 

oak trees, or clumps of herbaceous 

vegetation) that changes in spatial 

position as a result of physical processes 

such as windblown sands and fire and 

that allows sunlight to reach the surface 

of the following sandy soils: coastal 

beaches, dune land, Baywood sand, Ben 

Lomond sandy loam, Elder sandy loam, 

Oceano loamy sand, Arnold loamy sand, 

Santa Ynez fine sandy loam, ArnoldSanta Ynez complex, Metz complex, 

and Metz loamy sand. 

Special Management Considerations or 

Protection 

When designating critical habitat, we 

assess whether the areas within the 

geographical area determined to be 

occupied at the time of listing contain 

the physical and biological features that 

are essential to the conservation of the 

species and may require special 

management considerations or 

protection. 

The known occurrences of 

Chorizanthe pungens var. pungens are 

threatened by direct and indirect effects 

from habitat fragmentation and loss and 

edge effects resulting from urban 

development. Examples of edge effects 

include increases in invasive, nonnative 

species and increased trampling and 

soil compaction from recreation 

(Conservation Biology Institute 2000, p. 

5). Additional threats include road 

development, invasive species control 

with herbicides, industrial and 

recreational development, equestrian 

and other recreational activities, and 

dune stabilization using nonnative 

species (59 FR 5499). Threats that could 

result in unfavorable disturbance 

intensity, frequency, or timing and can 

destroy individual plants or deplete any 

associated seed bank include road 

maintenance, invasive species control, 

and fire suppression. These threats may 

require special management 

considerations or protection to ensure 

the long-term conservation of C. p. var. 

pungens and are described below in the 

individual discussions of the units. 

Criteria Used To Identify Critical 

Habitat 

As required by section 4(b)(2) of the 

Act, we use the best scientific and 

commercial data available in 

determining areas that contain the 

physical and biological features that are 

essential to the conservation of 

Chorizanthe pungens var. pungens. This 

includes information from the final 

listing rule; data from research and 

survey observations published in peerreviewed articles; reports and survey 

forms prepared for Federal, State, and 

local agencies and private corporations; 

site visits; regional GIS layers, including 

soil and species coverages; and data 

submitted to the CNDDB. We have also 

reviewed available information that 

pertains to the ecology, life history, and 

habitat requirements of this species. 

This material included information and 

data in peer-reviewed articles, reports of 

monitoring and habitat 

characterizations, reports submitted 

during section 7 consultations, our 

recovery plan for the species, and 

information received from local species 

experts. We are not designating any 

areas outside of the geographical area 

occupied by the species at the time of 

listing because we believe the areas we 

have designated provide sufficient 

essential habitat for the conservation of 

the species; therefore, unoccupied areas 

are not needed in the designation. 

The long-term conservation of 

Chorizanthe pungens var. pungens is 

dependent upon the protection of 

existing population sites and the 

quantity and spatial arrangement of the 

PCE and essential habitat that provides 

for the maintenance of ecologic 

functions, such as connectivity between 

populations within close geographic 

proximity to facilitate pollinator activity 

and seed dispersal. 

Determining the specific areas that 

this taxon occupies is challenging for 

several reasons: (1) The distribution of 

Chorizanthe pungens var. pungens 

appears to be more closely tied to the 

presence of sandy soils and openings in 

the surrounding vegetation than to 

specific plant communities, because 

plant communities may undergo 

changes over time, which, due to the 

degree of cover that is provided by that 

vegetation type, may either favor the 

presence of C. p. var. pungens or not; (2) 

the way the current distribution of C. p. 

var. pungens is mapped varies 

depending on the scale at which patches 

of individuals were recorded (e.g., many 

small patches versus one large patch); 

and (3) depending on the climate and 

other annual variations in habitat 

conditions, the extent of the species’

distribution may either shrink and 

temporarily disappear, or enlarge and 

cover a more extensive area. 

We used a multi-step process to 

identify and delineate critical habitat 

units. First we mapped all CNDDB 

records of Chorizanthe pungens var. 

pungens known at the time of the final 

listing in a GIS format. These data 

consist of points and polygons depicting 

the results of field surveys. Additional 

records from recent surveys that have 

been reported to the CNDDB but have 

not yet been entered into their database 

were also mapped in GIS format. These 

surveys provided more detailed 

distribution information for C. p. var. 

pungens within and around known 

occurrences, but did not extend the 

known range of the taxon. We then 

selected sites from among this data set 

that contain the physical and biological 

features essential to the conservation of 

C. p. var. pungens, that may require 

special management considerations or 

protection, and would result in a 

designation that: (a) Represents the 

geographical range of the species, and 

captures peripheral populations; (b) 

encompasses large occurrences in large 

areas of contiguous native habitat, as 

these have the highest likelihood of 

persisting through the environmental 

extremes that characterize California’s 

climate and of retaining the genetic 

variability to withstand future 

introduced stressors (e.g., new diseases, 

pathogens, or climate change); (c) 

includes the range of plant communities 


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and soil types in which C. p. var. 

pungens is found, (d) maintains 

connectivity of occurrences; (e) 

maintains the disturbance factors that 

create the openings in vegetation cover 

on which this taxon depends; and (f) 

provides for the sufficient quantity and 

spatial arrangement of the PCE to 

provide for the conservation of the 

species. 

Species and plant communities that 

are protected across their ranges are 

expected to have lower likelihoods of 

extinction (Scott et al. 2001, pp. 1297–

1300); therefore, critical habitat should 

include multiple locations across the 

entire range of the species to prevent 

range collapse. Protecting peripheral or 

isolated populations is highly desirable 

because they may contain genetic 

variation not found in core populations. 

The genetic variation results from the 

effects of population isolation and 

adaptation to locally distinct 

environments (Lesica and Allendorf 

1995, pp. 754–757; Fraser 2000, pp. 49–

51; Hamrick and Godt 1996, pp. 291–

295). We also sought to include the 

range of plant communities, soil types, 

and elevational gradients in which 

Chorizanthe pungens var. pungens is 

found to preserve the genetic variation 

that may result from adaptation to local 

environmental conditions, as 

documented in other plant species (e.g., 

see Hamrick and Godt 1996, pp. 299–

301; Millar and Libby 1991, pp. 150, 

152–155). Finally, habitat fragmentation 

can result in loss of genetic variation 

(Young et al. 1996, pp. 413–417); 

therefore, we sought to maintain 

connectivity between patches or 

occurrences of plants. 

Once we identified all areas that 

contain the physical and biological 

features essential to the conservation of 

the species, we focused first on those 

areas that were either already protected, 

managed, or otherwise unencumbered 

by conflicting use (e.g., undeveloped 

County or City parks, proposed 

preservation areas). Populations in these 

areas are most likely to persist into the 

future and to contribute to the species’

survival and recovery. We prioritized 

our selection in the following manner: 

First we included undeveloped Federal 

and State lands, then local agency and 

private lands with recognized resource 

conservation emphasis (e.g., lands 

owned by a conservation-oriented, nonprofit organization, or undeveloped 

County or City parks), and finally other 

agency and private lands. 

After applying the criteria described 

above, the lands we are designating as 

revised critical habitat fall under prong 

one of the definition of critical habitat 

in section 3(5)(A) of the Act (see 

‘‘Critical Habitat’’ section). We did not 

identify any lands outside of the 

geographical area occupied by the 

species at the time of listing as essential 

to the conservation of the species. 

Mapping 

To map the critical habitat units, we 

overlaid Chorizanthe pungens var. 

pungens records on soil series data and, 

where available, vegetation data (e.g., 

maritime chaparral mapped by Van 

Dyke and Holl (2003)) to determine 

appropriate areas that would contain the 

physical and biological features 

essential to the conservation of C. p. var. 

pungens. This taxon is closely tied to 

the presence of sandy soil types, and 

occurrences are generally scattered in 

gaps between vegetation within 

appropriate soil types. Units were 

delineated by first mapping the 

occurrences and soil types and then 

considering other geographic features 

such as developed areas and road 

boundaries. 

When determining critical habitat 

boundaries, we made every effort to 

avoid including developed areas, such 

as lands covered by buildings, paved 

areas, and other structures, as well as 

tilled fields, row crops, and golf courses 

that lack the features essential for the 

conservation of Chorizanthe pungens 

var. pungens. The scale of the maps we 

prepared under the parameters for 

publication within the Code of Federal 

Regulations may not reflect the 

exclusion of such developed areas. Any 

such structures and the land under them 

inadvertently left inside critical habitat 

boundaries shown on the maps of this 

revised critical habitat designation have 

been excluded by text and are not 

designated as revised critical habitat. 

Therefore, Federal actions involving 

these areas would not trigger section 7 

consultation with respect to critical 

habitat and the requirement of no 

adverse modification, unless the 

specific action would affect the primary 

constituent elements in the adjacent 

critical habitat. 

A brief discussion of each area 

designated as revised critical habitat is 

provided in the unit descriptions below. 

Additional detailed documentation 

concerning the essential nature of these 

areas is contained in our supporting 

record for this rulemaking. 

Critical Habitat Designation 

We are designating nine units as 

revised critical habitat for Chorizanthe 

pungens var. pungens. These units, 

which generally correspond to those 

units in the 2002 designation, entirely 

replace the 2002 critical habitat 

designation for C. p. var. pungens in 50 

CFR 17.96(a). The critical habitat units 

we describe below constitute our 

current best assessment of areas that 

meet the definition of critical habitat for 

C. p. var. pungens. Table 1 shows the 

occupied units. 

TABLE 1.—OCCUPANCY OF CHORIZANTHE PUNGENS VAR. PUNGENS BY REVISED CRITICAL HABITAT UNITS

Unit Occupied at 

time of listing? 

Currently 

occupied? 

Size of unit in 

acres (hectares) 

1. Sunset .......................................................................................................................... Yes ................... Yes ................... 85 (35) 

2. Moss Landing .............................................................................................................. Yes ................... Yes ................... 250 (101) 

3. Marina .......................................................................................................................... Yes ................... Yes ................... 881 (357) 

4. Asilomar ....................................................................................................................... Yes ................... Yes ................... 48 (19) 

5. Freedom Blvd .............................................................................................................. Yes ................... Yes ................... 24 (10) 

6. Manresa ....................................................................................................................... Yes ................... Yes ................... 94 (38) 

7. Prunedale .................................................................................................................... Yes ................... Yes ................... 190 (77) 

8. Fort Ord ....................................................................................................................... Yes ................... Yes ................... 9,432 (3,817) 

9. Soledad ........................................................................................................................ Yes ................... Yes ................... 51 (21) 

The nine units designated as revised 

critical habitat are: Sunset (Unit 1), 

Moss Landing (Unit 2), Marina (Unit 3), 

Asilomar (Unit 4), Freedom Boulevard 

(Unit 5), Manresa (Unit 6), Prunedale 

(Unit 7), Fort Ord (Unit 8), and Soledad 

(Unit 9). The approximate area 

encompassed within each critical 

habitat unit is shown in Table 2. 


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TABLE 2.—CRITICAL HABITAT UNITS FOR CHORIZANTHE PUNGENS VAR. PUNGENS

[Area estimates reflect all land within critical habitat unit boundaries] 

Unit name 

State lands Private lands County and other 

local jurisdictions 

Federal lands Estimate of total 

area 

Acres Hectares Acres Hectares Acres Hectares Acres Hectares Acres Hectares 

1. Sunset .................. 85 35 0 0 0 0 0 0 85 35 

2. Moss Landing ....... 224 91 20 8 6 2 0 0 250 101 

3. Marina 1 ................ 881 357 0 0 0 0 0 0 881 357 

4. Asilomar ............... 40 16 0 0 4 2 4 1 48 19 

5. Freedom Blvd ....... 0 0 24 10 0 0 0 0 24 10 

6. Manresa ............... 94 38 0 0 0 0 0 0 94 38 

7. Prunedale ............. 155 63 17 7 18 7 0 0 190 77 

8. Fort Ord 1 ............. 606 245 0 0 654 265 8,172 3,307 9,432 3,817 

9. Soledad ................ 0 0 51 21 0 0 0 0 51 21 

Approximate 

Total ............... 2,085 844 112 46 682 276 8,176 3,309 11,055 4,475 

1Area estimates assigned to various landowner categories for the Fort Ord and Marina units (on former Fort Ord) reflect future land recipient, 

as indicated by 2006 Army records. 

We present descriptions of all units, 

and reasons why they meet the 

definition of critical habitat for 

Chorizanthe pungens var. pungens, 

below. 

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

This unit consists of coastal beaches, 

dunes, and bluffs located west of 

Watsonville in southern Santa Cruz 

County. Unit 1 contains space for 

individual and population growth, 

including sites for seed dispersal and 

germination; provides the basic 

requirements for growth; and includes 

soils primarily in the coastal beach, 

dune land, and Baywood sand series 

(Soil Conservation Service 1978, pp. 13–

25; 1980 (maps)) (PCE 1). This unit was 

occupied at the time of listing (59 FR 

5499) and is currently occupied 

(CNDDB 2006, California Department of 

Parks and Recreation (CDPR) 2006a). 

This unit consists exclusively of State 

land (85 ac (35 ha)) and is entirely 

within the boundaries of Sunset State 

Beach. The unit includes land from 

Sunset Beach Road south to the gate on 

Shell Road, just north of the mouth of 

the Pajaro River, and west of Shell Road, 

which extends the length of Sunset 

State Beach. Unit 1 is essential because 

it supports a large population of 

Chorizanthe pungens var. pungens that 

in some years numbers in the tens of 

thousands (CNDDB 2006; CDPR 2006a). 

The features essential to the 

conservation of the species may require 

special management considerations or 

protection in this unit due threats from 

invasive, nonnative plants, particularly 

European beachgrass, which forms 

dense stands on coastal beaches and 

crowds out C. p. var. pungens, and from 

recreational activities, including 

camping and foot traffic, which could 

trample plants. 

Unit 2: Moss Landing (250 ac (101 ha)) 

This unit consists of coastal beaches, 

dunes, and bluffs to the north and south 

of the community of Moss Landing in 

northern Monterey County. Unit 2 

contains space for individual and 

population growth, including sites for 

seed dispersal and germination; 

provides the basic requirements for 

growth; and includes soils in the coastal 

beach and dune land series (Soil 

Conservation Service 1978, pp. 13–25) 

(PCE 1). The northern portion of this 

unit includes lands owned and managed 

by the State (which includes portions of 

Zmudowski State Beach and Moss 

Landing State Beach between the 

mouths of the Pajaro River and Elkhorn 

Slough), 20 ac (8 ha) of private lands, 

and 6 ac (2 ha) of county lands. The 

southern portion of this unit includes 

State lands within Salinas River State 

Beach. This unit was occupied at the 

time of listing (59 FR 5499) and was 

included in the previous critical habitat 

designation. Herbarium records indicate 

that this site was occupied as early as 

1933, and has remained occupied 

through time (Consortium of California 

Herbaria 2006 cites collections by H.S. 

Tates 1936; T. Craig 1933; and J. 

Thomas 1950). Chorizanthe pungens 

var. pungens was also recently observed 

in this unit (CDPR 2006b, unpaginated). 

This unit contains one of only five 

populations found along the coast, and 

it may provide connectivity between the 

Sunset Unit to the north and the Marina 

Unit to the south. The features essential 

to the conservation of the species may 

require special management 

considerations or protection in this unit 

due threats from invasive, nonnative 

plants, particularly ice-plant, which 

forms dense ground cover on coastal 

beaches and crowds out C. p. var. 

pungens, and from recreational 

activities including foot traffic, which 

could trample plants. 

Unit 3: Marina (881 ac (357 ha)) 

This unit consists of coastal beaches, 

dunes, and bluffs ranging from just 

south of the mouth of the Salinas River, 

south to the city of Monterey in 

northern Monterey County; these lands 

are entirely west of Highway 1. Unit 3 

contains space for individual and 

population growth, including sites for 

seed dispersal and germination; 

provides the basic requirements for 

growth; and includes soils in the coastal 

beach, dune land, and Oceano loamy 

sand soil series (Soil Conservation 

Service 1978, pp. 13–25, 54–55) (PCE 1). 

This unit was occupied at the time of 

listing (59 FR 5499) and it is currently 

occupied (CNDDB 2006; CDPR 2006; 

Service 2002, p. 54). Unit 3 is comprised 

of State lands, including Marina State 

Beach and Monterey State Beach. This 

unit is essential because it supports a 

population of Chorizanthe pungens var. 

pungens that numbers in the thousands 

in some years (CNDDB 2006; Service 

1998, p. 67); it is the southernmost of 

the Monterey Bay area coastal 

populations; and it may provide 

connectivity between the populations 

along the coast and the more interior 

populations found at former Fort Ord. 

The features essential to the 

conservation of the species may require 

special management considerations or 

protection in this unit due to threats 

from invasive, nonnative plants, 

particularly ice-plant, which forms 

dense ground cover on coastal beaches 

and crowds out C. p. var. pungens; 


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recreational activities such as foot 

traffic, which could result in the 

trampling of plants; and edge effects of 

urban development. 

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

This unit consists of coastal dunes 

and bluffs near the communities of 

Pacific Grove and Pebble Beach on the 

Monterey Peninsula in northern 

Monterey County. This unit includes a 

portion of Asilomar State Beach, and 

extends just beyond Lighthouse Avenue 

to the north and terminates at the 

boundary of the Asilomar Conference 

Grounds. This unit’s eastern boundary 

extends from Highway 68 north along 

Asilomar Avenue, and then turns west 

on Arena Avenue where the boundary 

connects to Sunset Drive. Unit 4 

contains space for individual and 

population growth, including sites for 

seed dispersal and germination; 

provides the basic requirements for 

growth; and includes soils in the coastal 

beach, dune land, and Baywood sand 

soil series (Soil Conservation Service 

1978, pp. 13–25) (PCE 1). This unit is 

comprised of 4 ac (1 ha) of Federal 

lands, 40 ac (16 ha) of State lands at 

Asilomar State Beach, and 4 ac (2 ha) of 

local government ownership. This unit 

was occupied at the time of listing (59 

FR 5499) and is currently occupied. 

Herbarium records that contain 

specimens from this area include the 

following (collector and year): Lemmon 

1881, L.C. Wheeler 1936, R. Hoover 

1941 and 1963, and L.S. Rose 1963 

(Consortium of California Herbaria 

2006)). This unit currently supports a 

population of Chorizanthe pungens var. 

pungens that numbers in the hundreds 

(Moss 2000, unpaginated). This unit is 

essential because it is the southernmost 

of only five populations of C. p. var. 

pungens along the coast. Preserving the 

genetic characteristics that have allowed 

individuals at this site to survive at the 

southern end of the species’ range along 

the coast is essential to the long-term 

survival and conservation of C. p. var. 

pungens. Protecting peripheral or 

isolated populations is necessary 

because they may contain genetic 

variation not found in core populations. 

The genetic variation results from the 

effects of population isolation and 

adaptation to locally distinct 

environments (Lesica and Allendorf 

1995, pp. 754–757; Fraser 2000, pp. 49–

51; Hamrick and Godt 1996, pp. 291–

295). The features essential to the 

conservation of the species may require 

special management considerations or 

protection in this unit due to threats 

from invasive, nonnative plants, 

particularly ice-plant, which forms 

dense ground cover on coastal beaches 

and crowds out C. p. var. pungens; 

recreational activities such as foot traffic 

which could trample plants; and edge 

effects of urban development. An 

additional threat in this unit is the 

expansion of unregulated vehicle 

parking in the dunes associated with the 

high numbers of visitors this area 

receives each year. 

Unit 5: Freedom Boulevard (24 ac (10 

ha)) 

This unit consists of grassland, 

maritime chaparral, and oak woodland 

habitat near the western terminus of 

Freedom Boulevard and northeast of 

Highway 1 in Santa Cruz County. This 

unit consists entirely of private lands 

(24 ac (10 ha)). Unit 5 contains space for 

individual and population growth, 

including sites for seed dispersal and 

germination; provides for the basic 

requirements for growth; and includes 

soils in the Baywood sand and Ben 

Lomond sandy loam series (Soil 

Conservation Service 1980, pp. 64–65; 

maps) (PCE 1). This unit was occupied 

at the time of listing (59 FR 5499) and 

is currently occupied (CNDDB 2006, 

element occurrences (EOs) 32 and 34; 

Morgan 2006, unpaginated). This unit 

currently supports a population of 

Chorizanthe pungens var. pungens that 

numbers in the thousands in favorable 

years, but many fewer in unfavorable 

years (CNDDB 2006, EOs 32, 34). This 

unit is essential because it is the 

northernmost known occurrence. In the 

absence of genetic data, protecting 

populations at the boundaries of a 

taxon’s range is necessary because they 

may contain genetic variation not found 

in core populations. The genetic 

variation results from the effects of 

population isolation and adaptation to 

locally distinct environments (Lesica 

and Allendorf 1995, pp. 754–757; Fraser 

2000, pp. 49–51; Hamrick and Godt 

1996, pp. 291–295). The features 

essential to the conservation of the 

species may require special 

management considerations or 

protection in this unit due to threats 

from invasive, nonnative plants, 

particularly annual grasses that crowd 

out C. p. var. pungens, and from edge 

effects of urban development. 

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

This unit consists of coastal bluffs 

along the immediate coast, south of 

Seacliff State Beach and north of Sunset 

State Beach in Santa Cruz County. Unit 

6 contains space for individual and 

population growth, including sites for 

seed dispersal and germination; 

provides the basic requirements for 

growth; and includes soils in the coastal 

beach, Baywood sand, and Elder sandy 

loam series (Soil Conservation Service 

1980, pp. 11–70, maps) (PCE 1). This 

unit is comprised entirely of lands 

owned and managed by the State at 

Manresa State Beach. This unit was 

occupied at the time of listing (59 FR 

5499) and is currently occupied. This 

unit is essential because it is the most 

northerly population that is known from 

the immediate coast and provides 

connectivity to populations in the 

Sunset Unit to the south. The features 

essential to the conservation of the 

species may require special 

management considerations or 

protection in this unit due to threats 

from invasive, nonnative plants and 

from recreational activities such as foot 

traffic, which could trample plants. 

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

This unit consists of grassland, 

maritime chaparral, and oak woodland 

in the area around Prunedale in 

northern Monterey County. On the west 

side of Highway 101, the unit includes 

the Manzanita County Park subunit 

located between Castroville Boulevard 

and San Miguel Canyon Road. On the 

east side of Highway 101, the unit 

consists of four additional subunits. The 

five subunits support similar plant 

communities and need similar types of 

special management; therefore, we 

discuss them as a unit. Unit 7 contains 

space for individual and population 

growth, including sites for seed 

dispersal and germination; provides the 

basic requirements for growth; and 

includes soils in the Arnold loamy sand, 

Santa Ynez fine sandy loam, and 

Arnold-Santa Ynez complex series (Soil 

Conservation Service 1978, pp. 9–11, 

72–73) (PCE 1). This unit consists of 155 

ac (63 ha) of State lands, 18 ac (7 ac) of 

local agency lands (Manzanita County 

Park), and 17 ac (7 ha) of Pacific Gas 

and Electric easement lands. This unit 

was occupied at the time of listing, was 

included in our listing rule in reference 

to the Prunedale area (59 FR 5499), and 

is currently occupied (Caltrans 2001; 

Consortium of California Herbaria 

2006). This unit is essential because it 

is one of only four units that are known 

to support populations in maritime 

chaparral and oak woodland habitats 

more representative of hotter, interior 

sites and is the easternmost of the units 

in the interior hills. The features 

essential to the conservation of the 

species may require special 

management considerations or 

protections in this unit due to threats 

from invasive, nonnative plants, which 

crowd out Chorizanthe pungens var. 

pungens; edge effects from urban 

development; and recreational activities 


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such as off road vehicles, which can 

crush plants and destroy seeds. 

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

This unit consists of grassland, 

maritime chaparral, coastal scrub, and 

oak woodland on the former Department 

of Defense base at Fort Ord, east of the 

city of Seaside in northern Monterey 

County. This unit is entirely within the 

area formerly known as Fort Ord, 

bounded by Highway 1 on the 

northwest, the Salinas River to the east, 

and Monterey-Salinas Road (Highway 

68) on the south. Approximately 87 

percent of this critical habitat unit is 

Federal land (8,172 ac (3,307 ha)) 

managed by BLM and the Army, 6 

percent is State land (606 ac (245 ha)), 

and 7 percent is under local 

jurisdictions (654 ac (265 ha)). Portions 

of Fort Ord have been transferred to 

BLM; University of California, 

California State University at Monterey 

Bay; and local (city and county) 

jurisdictions. All of the lands included 

in this unit are designated as current or 

future habitat reserves under the Army’s 

habitat management plan (Corps 1997, 

Attachment A map; Zander Associates 

2002, Figures 4–6). About one-half of 

Unit 8 still must be cleaned of 

environmental contaminants by the 

Army before it can be transferred to 

BLM. 

Unit 8 contains space for individual 

and population growth, including sites 

for seed dispersal and germination; 

provides the basic requirements for 

growth; and includes soils in the 

Arnold-Santa Ynez complex, Baywood 

sand, and Oceano loamy sand series 

(Soil Conservation Service 1978, pp. 9–

73). Lands in this unit are intended to 

be managed at a landscape scale, using 

prescribed fire, as needed, to maintain 

a range of different-aged maritime 

chaparral stands (Corps 1997, pp. 4.24–

4.25), and by doing so preserve 

substantial populations of rare maritime 

chaparral species in the Monterey Bay 

area. This unit was occupied at the time 

of listing (59 FR 5499) and is currently 

occupied. This unit is essential because 

it currently supports multiple large 

populations of Chorizanthe pungens 

var. pungens that number in the tens of 

thousands in some years (CNDDB 2006, 

EO 2; Jones and Stokes 1992, Figure F–

3; BLM 2006), and it is one of only five 

units that include maritime chaparral 

and oak woodland habitats more 

representative of hotter, interior sites. 

The features essential to the 

conservation of the species may require 

special management considerations or 

protection in this unit due to threats 

from invasive species that crowd out C. 

p. var. pungens, munitions clean-up 

methods on former ranges that remove 

and chip all standing vegetation, and 

recreational activities and road and trail 

maintenance that could trample plants. 

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

This unit consists of an interior dune 

in the floodplain of the Salinas River 

channel just south of the city of Soledad 

in central Monterey County on privately 

owned lands. Unit 9 contains space for 

individual and population growth, 

including sites for seed dispersal and 

germination; provides the basic 

requirements for growth; and includes 

soils in the dune land and Metz 

complex soil series (Soil Conservation 

Service 1978, pp. 24, 48–49) (PCE 1). 

This unit was occupied at the time of 

listing (59 FR 5499) and is currently 

occupied. Approximately 5,000 plants 

were observed in this unit in 1994 

(CNDDB 2006, EO 28; Wesco 1994, pp. 

5–8). This unit is essential because it is 

the southernmost interior location that 

supports a population and the only unit 

where Chorizanthe pungens var. 

pungens grows in interior floodplain 

dune habitat. This population is 

geographically remote from all others in 

this revised critical habitat designation. 

Protecting peripheral or isolated 

populations of rare species is highly 

desirable because they may contain 

genetic variation not found in core 

populations (Lesica and Allendorf 1995, 

pp. 755–757). The features essential to 

the conservation of the species may 

require special management 

considerations or protection in this unit 

due to threats from invasive, nonnative 

plants, which crowd out C. p. var. 

pungens; overspray of herbicides and 

pesticides from agricultural operations; 

and vegetation clearing activities 

associated with road maintenance. 

Effects of Critical Habitat Designation 

Section 7 Consultation 

Section 7(a)(2) of the Act requires 

Federal agencies, including the Service, 

to ensure that actions they fund, 

authorize, or carry out are not likely to 

destroy or adversely modify critical 

habitat. Decisions by the 5th and 9th 

Circuit Court of Appeals have 

invalidated our definition of 

‘‘destruction or adverse modification’’

(50 CFR 402.02) (see Gifford Pinchot 

Task Force v. U.S. Fish and Wildlife 

Service, 378 F. 3d 1059 (9th Cir 2004) 

and Sierra Club v. U.S. Fish and 

Wildlife Service et al., 245 F.3d 434, 

442F (5th Cir 2001)), and we do not rely 

on this regulatory definition when 

analyzing whether an action is likely to 

destroy or adversely modify critical 

habitat. Under the statutory provisions 

of the Act, we determine destruction or 

adverse modification on the basis of 

whether, with implementation of the 

proposed Federal action, the affected 

critical habitat would remain functional 

(or retain the current ability for the PCEs 

to be functionally established) to serve 

its intended conservation role for the 

species. 

If a species is listed or critical habitat 

is designated, section 7(a)(2) of the Act 

requires Federal agencies to ensure that 

activities they authorize, fund, or carry 

out are not likely to jeopardize the 

continued existence of the species or to 

destroy or adversely modify its critical 

habitat. If a Federal action may affect a 

listed species or its critical habitat, the 

responsible Federal agency (action 

agency) must enter into consultation 

with us. As a result of this consultation, 

we document compliance with the 

requirements of section 7(a)(2) through 

our issuance of: 

(1) A concurrence letter for Federal 

actions that may affect, but are not 

likely to adversely affect, listed species 

or critical habitat; or 

(2) A biological opinion for Federal 

actions that may affect, and are likely to 

adversely affect, listed species or critical 

habitat. 

When we issue a biological opinion 

concluding that a project is likely to 

jeopardize the continued existence of a 

listed species or destroy or adversely 

modify critical habitat, we also provide 

reasonable and prudent alternatives to 

the project, if any are identifiable. We 

define ‘‘Reasonable and prudent 

alternatives’’ at 50 CFR 402.02 as 

alternative actions identified during 

consultation that: 

• Can be implemented in a manner 

consistent with the intended purpose of 

the action, 

• Can be implemented consistent 

with the scope of the Federal agency’s 

legal authority and jurisdiction, 

• Are economically and 

technologically feasible, and 

• Would, in the Director’s opinion, 

avoid jeopardizing the continued 

existence of the listed species or 

destroying or adversely modifying 

critical habitat. 

Reasonable and prudent alternatives can 

vary from slight project modifications to 

extensive redesign or relocation of the 

project. Costs associated with 

implementing a reasonable and prudent 

alternative are similarly variable. 

Regulations at 50 CFR 402.16 require 

Federal agencies to reinitiate 

consultation on previously reviewed 

actions in instances where we have 

listed a new species or subsequently 

designated critical habitat that may be 

affected and the Federal agency has 


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retained discretionary involvement or 

control over the action (or the agency’s 

discretionary involvement or control is 

authorized by law). Consequently, 

Federal agencies may sometimes need to 

request reinitiation of consultation with 

us on actions for which formal 

consultation has been completed, if 

those actions with discretionary 

involvement or control may affect 

subsequently listed species or 

designated critical habitat. 

Federal activities that may affect 

Chorizanthe pungens var. pungens or its 

designated critical habitat require 

section 7 consultation under the Act. 

Activities on State, Tribal, local, or 

private lands requiring a Federal permit 

(such as a permit from the U.S. Army 

Corps of Engineers under section 404 of 

the Clean Water Act (33 U.S.C. 1251 et 

seq.) or a permit from us under section 

10(a)(1)(B) of the Act) or involving some 

other Federal action (such as funding 

from the Federal Highway 

Administration, Federal Aviation 

Administration, or the Federal 

Emergency Management Agency) are 

subject to the section 7 consultation 

process. Federal actions not affecting 

listed species or critical habitat, and 

actions on State, Tribal, local, or private 

lands that are not federally funded, 

authorized, or permitted, do not require 

section 7 consultations. 

Application of the ‘‘Adverse 

Modification’’ Standard 

The key factor related to the adverse 

modification determination is whether, 

with implementation of the proposed 

Federal action, the affected critical 

habitat would continue to serve its 

intended conservation role for the 

species, or would retain its current 

ability for the essential features to be 

functionally established. Activities that 

may destroy or adversely modify critical 

habitat are those that alter the essential 

physical and biological features to an 

extent that appreciably reduces the 

conservation value of critical habitat for 

Chorizanthe pungens var. pungens. 

Generally, the conservation role of C. p. 

var. pungens critical habitat units is to 

support viable core area populations. 

Section 4(b)(8) of the Act requires us 

to briefly evaluate and describe, in any 

proposed or final regulation that 

designates critical habitat, activities 

involving a Federal action that may 

destroy or adversely modify such 

habitat, or that may be affected by such 

designation. 

Activities that, when carried out, 

funded, or authorized by a Federal 

agency, may affect critical habitat and 

therefore should result in consultation 

for Chorizanthe pungens var. pungens 

include, but are not limited to: 

(1) Actions that would degrade or 

destroy native maritime chaparral, 

dune, and oak woodland communities, 

including, but not limited to, livestock 

grazing, clearing, discing, introducing or 

encouraging the spread of nonnative 

plants, and heavy recreational use; and 

(2) Actions that would appreciably 

diminish habitat value or quality 

through indirect effects (e.g., edge 

effects, invasion of nonnative plants or 

animals, or fragmentation). 

Exemptions and Exclusions 

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

The Sikes Act Improvement Act of 

1997 (Sikes Act) (16 U.S.C. 670a) 

required each military installation that 

includes land and water suitable for the 

conservation and management of 

natural resources to complete an 

integrated natural resource management 

plan (INRMP) by November 17, 2001. 

An INRMP integrates implementation of 

the military mission of the installation 

with stewardship of the natural 

resources found on the base. Each 

INRMP includes: 

• An assessment of the ecological 

needs on the installation, including the 

need to provide for the conservation of 

listed species; 

• A statement of goals and priorities; 

• A detailed description of 

management actions to be implemented 

to provide for these ecological needs; 

and 

• A monitoring and adaptive 

management plan. 

Among other things, each INRMP must, 

to the extent appropriate and applicable, 

provide for fish and wildlife 

management; fish and wildlife habitat 

enhancement or modification; wetland 

protection, enhancement, and 

restoration where necessary to support 

fish and wildlife; and enforcement of 

applicable natural resource laws. 

The National Defense Authorization 

Act for Fiscal Year 2004 (Pub. L. 108–

136) amended the Act to limit areas 

eligible for designation as critical 

habitat. Specifically, section 4(a)(3)(B)(i) 

of the Act (16 U.S.C. 1533(a)(3)(B)(i)) 

now provides: ‘‘The Secretary shall not 

designate as critical habitat any lands or 

other geographical areas owned or 

controlled by the Department of 

Defense, or designated for its use, that 

are subject to an integrated natural 

resources management plan prepared 

under section 101 of the Sikes Act (16 

U.S.C. 670a), if the Secretary determines 

in writing that such plan provides a 

benefit to the species for which critical 

habitat is proposed for designation.’’

Lands at former Fort Ord are not 

discussed in this section because Fort 

Ord is no longer an active military 

installation. All but a few hundred acres 

at former Fort Ord are to be eventually 

transferred to non-military entities. The 

few hundred acres that the Army may 

retain do not occur within this critical 

habitat designation. There are no 

Department of Defense lands with a 

completed INRMP within this final 

revised critical habitat designation. 

Therefore, there are no lands exempted 

from this revised designation under 

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

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

Section 4(b)(2) of the Act states that 

the Secretary must designate and revise 

critical habitat on the basis of the best 

available scientific data after taking into 

consideration the economic impact, 

national security impact, and any other 

relevant impact of specifying any 

particular area as critical habitat. The 

Secretary may exclude an area from 

critical habitat if he determines that the 

benefits of such exclusion outweigh the 

benefits of specifying such area as part 

of the critical habitat, unless he 

determines, based on the best scientific 

data available, that the failure to 

designate such area as critical habitat 

will result in the extinction of the 

species. In making that determination, 

the legislative history is clear that the 

Secretary is afforded broad discretion 

regarding which factor(s) to use and 

how much weight to give to any factor. 

Under section 4(b)(2) of the Act, in 

considering whether to exclude a 

particular area from the designation, we 

must identify the benefits of including 

the area in the designation, identify the 

benefits of excluding the area from the 

designation, and determine whether the 

benefits of exclusion outweigh the 

benefits of inclusion. If based on this 

analysis, we make this determination, 

then we can exclude the area only if 

such exclusion would not result in the 

extinction of the species. 

Under section 4(b)(2) of the Act, we 

must consider the economic impact, 

national security impact, and any other 

relevant impact of specifying any 

particular area as critical habitat. We 

consider a number of factors in a section 

4(b)(2) analysis. For example, we 

consider whether there are lands owned 

or managed by the Department of 

Defense (DOD) where a national security 

impact might exist. We also consider 

whether the landowners have developed 

any conservation plans for the area, or 

whether there are conservation 

partnerships that would be encouraged 

by designation of, or exclusion from, 

critical habitat. In addition, we look at 


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any Tribal issues, and consider the 

government-to-government relationship 

of the United States with tribal entities. 

We also consider the economic impacts, 

environmental impacts, and any social 

impacts that might occur because of the 

designation. 

In preparing this final rule, we have 

determined that while lands proposed 

for revised designation of critical habitat 

for Chorizanthe pungens var. pungens 

are currently administered by the 

Department of Defense, all of the lands 

will be transferred to other landowners. 

The proposed revised designation did 

not include any military lands covered 

by an existing INRMP, any lands 

covered by a completed HCP for C. p. 

var. pungens, or any Tribal lands or 

trust resources. Therefore, we do not 

anticipate any impact to national 

security, Tribal lands, or habitat 

conservation plans from this critical 

habitat designation. Based on the best 

available information, we believe that 

all of the units contain the physical and 

biological features essential to 

Chorizanthe pungens var. pungens. In 

addition, as discussed below under the 

‘‘Economic Analysis’’ section, our 

economic analysis indicates an overall 

low economic cost resulting from the 

revised designation. We have not 

identified any area for which the 

benefits of exclusion outweigh the 

benefits of inclusion; therefore, we have 

considered excluding, but have not 

excluded any areas from this revised 

designation of critical habitat for C. p. 

var. pungens based on economic 

impacts or other relevant factors. 

Economic Analysis 

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

to designate critical habitat on the basis 

of the best scientific information 

available and to consider the economic 

and other relevant impacts of 

designating a particular area as critical 

habitat. The Secretary may exclude 

areas from critical habitat for economic 

reasons if the Secretary determines that 

the benefits of such exclusion exceed 

the benefits of designating the area as 

critical habitat. However, this exclusion 

cannot occur if it will result in the 

extinction of the species concerned. 

Following the publication of the 

proposed revised critical habitat 

designation, we conducted an economic 

analysis to estimate the potential 

economic effect of the revised 

designation. The draft economic 

analysis was made available for public 

review on October 16, 2007 (72 FR 

58618). We accepted comments on the 

draft economic analysis until October 

31, 2007. 

The primary purpose of the economic 

analysis is to estimate the potential 

economic impacts associated with the 

designation of critical habitat for 

Chorizanthe pungens var. pungens. This 

information is intended to assist the 

Secretary in making decisions about 

whether the benefits of excluding 

particular areas from the designation 

outweigh the benefits of including those 

areas in the designation. This economic 

analysis considers the economic 

efficiency effects that may result from 

the designation, including habitat 

protections that may be co-extensive 

with the listing of the species. It also 

addresses distribution of impacts, 

including an assessment of the potential 

effects on small entities and the energy 

industry. This information can be used 

by the Secretary to assess whether the 

effects of the designation might unduly 

burden a particular group or economic 

sector. 

This analysis focuses on the direct 

and indirect costs of the rule. However, 

economic impacts to land use activities 

can exist in the absence of critical 

habitat. These impacts may result from, 

for example, local zoning laws, State 

and natural resource laws, and 

enforceable management plans and best 

management practices applied by other 

State and Federal agencies. Economic 

impacts that result from these types of 

protections are not included in the 

analysis as they are considered to be 

part of the regulatory and policy 

baseline. 

The draft economic analysis estimates 

pre-designation costs associated with 

the conservation of the species since the 

time of listing in 1994 to be 

approximately $5.2 million 

(undiscounted). Discounted costs are 

estimated to be approximately $6.2 

million at a 3 percent discount rate or 

approximately $7.9 million at a 7 

percent discount rate. The draft 

economic analysis estimates postdesignation costs associated with 

conservation efforts for Chorizanthe 

pungens var. pungens to be 

approximately $17 million 

(undiscounted) over a 20-year period as 

a result of the proposed designation of 

revised critical habitat, including those 

costs coextensive with listing and 

recovery. Discounted future costs are 

estimated to be approximately $13 

million ($0.85 million annualized) at a 

3 percent discount rate or 

approximately $9.6 million ($0.85 

million annualized) at a 7 percent 

discount rate. 

The majority of the estimated costs 

are associated with management 

activities designed to preserve and 

enhance habitat for Chorizanthe 

pungens var. pungens on lands managed 

by the California Department of Parks 

and Recreation, Department of the 

Army, University of California, and the 

Bureau of Land Management. The 

economic analysis considers the 

potential economic effects of actions 

relating to the conservation of 

Chorizanthe pungens var. pungens, 

including costs associated with sections 

4, 7, and 10 of the Act, and including 

those attributable to designating critical 

habitat. It further considers the 

economic effects of protective measures 

taken as a result of other Federal, State, 

and local laws that aid habitat 

conservation for Chorizanthe pungens 

var. pungens in areas containing the 

features essential to the conservation of 

the species. The analysis considers both 

economic efficiency and distributional 

effects. In the case of habitat 

conservation, efficiency effects generally 

reflect the ‘‘opportunity costs’’

associated with the commitment of 

resources to comply with habitat 

protection measures (such as lost 

economic opportunities associated with 

restrictions on land use). 

The analysis also addresses how 

potential economic impacts are likely to 

be distributed, including an assessment 

of any local or regional impacts of 

habitat conservation and the potential 

effects of conservation activities on 

small entities and the energy industry. 

This information can be used by 

decision-makers to assess whether the 

effects of the revised designation might 

unduly burden a particular group or 

economic sector. Finally, this analysis 

looks retrospectively at costs that have 

been incurred since the date 

Chorizanthe pungens var. pungens was 

listed as threatened (February 4, 1994; 

59 FR 5499), and considers those costs 

that may occur in the 20 years following 

a designation of revised critical habitat. 

We evaluated the potential economic 

impact of this revised designation as 

identified in the analysis. Based on this 

evaluation, we believe that there are no 

disproportionate economic impacts that 

warrant exclusion under section 4(b)(2) 

of the Act at this time. 

The Service also completed a final 

economic analysis of the proposed 

revised designation that updates the 

draft economic analysis by removing 

impacts that were not considered 

probable or likely to occur and by 

adding an estimate of the costs 

associated solely with the revised 

designation of critical habitat for 

Chorizanthe pungens var. pungens 

(incremental impacts). The final 

economic analysis estimates that the 

potential economic effects of actions 

relating to the conservation of C. p. var. 


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pungens, including costs associated 

with sections 4, 7, and 10 of the Act, 

and including those attributable to the 

designation of revised critical habitat 

will be $17 million (undiscounted) over 

the next 20 years. The present value of 

these impacts, applying a 3 percent 

discount rate, is $13 million ($0.85 

million annualized); or $9.6 million 

($0.85 million annualized), using a 

discount rate of 7 percent. These cost 

estimates are the same as those 

estimated in the draft economic 

analysis. The final economic analysis 

also estimates that there are no 

anticipated costs attributable solely to 

the designation of revised critical 

habitat for C. p. var. pungens 

(incremental costs). All impacts 

quantified in the economic analysis are 

forecast to occur regardless of the 

revised critical habitat designation for C. 

p. var. pungens. 

A copy of the final economic analysis 

with supporting documents may be 

obtained by contacting U.S. Fish and 

Wildlife Service, Ventura Fish and 

Wildlife Office (see ADDRESSES or 

download from the Internet at http:// 

www.fws.gov/ventura). 

Required Determinations 

Regulatory Planning and Review 

In accordance with Executive Order 

12866 (E.O. 12866), we evaluate four 

parameters in determining whether a 

rule is significant. The four parameters 

that would result in a designation of 

significant under E.O. 12866 are: 

(a) The rule would have an annual 

economic effect of $100 million or more 

or adversely affect an economic sector, 

productivity, jobs, the environment, or 

other units of the government. 

(b) The rule would create 

inconsistencies with other Federal 

agencies’ actions. 

(c) The rule would materially affect 

entitlements, grants, user fees, loan 

programs, or the rights and obligations 

of their recipients. 

(d) The rule would raise novel legal 

or policy issues. 

If the Office of Management and 

Budget (OMB) requests to review a rule 

designating critical habitat for a species, 

we designate the rule as significant 

because it may raise novel legal and 

policy issues. We then use the DEA of 

the proposed designation of critical 

habitat to evaluate the potential effects 

related to the other provisions of E.O. 

12866 and make a determination as to 

whether the regulation may be 

significant for any of these other 

provisions. 

In accordance with E.O. 12866, this 

document is not a significant rule since 

OMB did not request to review this rule. 

On the basis of our economic analysis 

of the revised critical habitat for this 

species, we have determined that the 

revised final designation of critical 

habitat for this species will not have an 

annual effect on the economy of $100 

million or more or to affect the economy 

in a material way. We used this analysis 

to meet the requirement of section 

4(b)(2) of the Act to determine the 

economic consequences of designating 

the specific area as critical habitat. We 

also used it to help determine whether 

to exclude any area from critical habitat, 

as provided for under section 4(b)(2) of 

the Act. Due to the tight timeline for 

publication in the Federal Register, the 

Office of Management and Budget 

(OMB) has not formally reviewed this 

rule. 

The designation of revised critical 

habitat for Chorizanthe pungens var. 

pungens will not create inconsistencies 

with other agencies’’ actions because no 

other Federal agencies designate critical 

habitat. Based on previous critical 

habitat designations and the economic 

analysis, we do not believe this rule will 

materially affect entitlements, grants, 

user fees, loan programs, or the rights 

and obligations of their recipients; 

however, we will continue to review 

this action for such impacts. 

Further, E.O. 12866 directs Federal 

agencies promulgating regulations to 

evaluate regulatory alternatives (OMB 

Circular A–4, September 17, 2003). 

Under Circular A–4, once an agency 

determines that the Federal regulatory 

action is appropriate, the agency must 

consider alternative regulatory 

approaches. Because the determination 

of critical habitat is a statutory 

requirement under the Act, we must 

evaluate alternative regulatory 

approaches, where feasible, when 

promulgating a designation of critical 

habitat. 

In developing our designations of 

critical habitat, we consider economic 

impacts, impacts to national security, 

and other relevant impacts under 

section 4(b)(2) of the Act. Based on the 

discretion allowable under this 

provision, we may exclude any 

particular area from the designation of 

critical habitat providing that the 

benefits of such exclusion outweigh the 

benefits of specifying the area as critical 

habitat and that such exclusion would 

not result in the extinction of the 

species. As such, we believe that the 

evaluation of the inclusion or exclusion 

of particular areas, or a combination of 

both, constitutes our regulatory 

alternative analysis for designations. 

Based on this evaluation, we believe 

that there are no disproportionate 

economic impacts that warrant 

exclusion under section 4(b)(2) of the 

Act at this time. 

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

et seq.) 

Under the Regulatory Flexibility Act 

(RFA; 5 U.S.C. 601 et seq. as amended 

by the Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996), whenever an agency must 

publish a notice of rulemaking for any 

proposed or final rule, it must prepare 

and make available for public comment 

a regulatory flexibility analysis that 

describes the effects of the rule on small 

entities (small businesses, small 

organizations, and small government 

jurisdictions). However, no regulatory 

flexibility analysis is required if the 

head of the agency certifies the rule will 

not have a significant economic impact 

on a substantial number of small 

entities. SBREFA amended 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. 

Small entities include small 

organizations, such as independent 

nonprofit organizations; small 

governmental jurisdictions, including 

school boards and city and town 

governments that serve fewer than 

50,000 residents; as well as small 

businesses. Small businesses include 

manufacturing and mining concerns 

with fewer than 500 employees, 

wholesale trade entities with fewer than 

100 employees, retail and service 

businesses with less than $5 million in 

annual sales, general and heavy 

construction businesses with less than 

$27.5 million in annual business, 

special trade contractors doing less than 

$11.5 million in annual business, and 

agricultural businesses with annual 

sales less than $750,000. To determine 

if potential economic impacts to these 

small entities are significant, we 

consider the types of activities that 

might trigger regulatory impacts under 

this rule, as well as the types of project 

modifications that may result. In 

general, the term ‘‘significant economic 

impact’’ is meant to apply to a typical 

small business firm’s business 

operations. 

To determine if the rule could 

significantly affect a substantial number 

of small entities, we consider the 

number of small entities affected within 

particular types of economic activities 

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

and gas production, timber harvesting). 

We apply the ‘‘substantial number’’ test 

individually to each industry to 

determine if certification is appropriate. 


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However, the SBREFA does not 

explicitly define ‘‘substantial number’’

or ‘‘significant economic impact.’’

Consequently, to assess whether a 

‘‘substantial number’’ of small entities is 

affected by this designation, this 

analysis considers the relative number 

of small entities likely to be impacted in 

an area. In some circumstances, 

especially with critical habitat 

designations of limited extent, we may 

aggregate across all industries and 

consider whether the total number of 

small entities affected is substantial. In 

estimating the number of small entities 

potentially affected, we also consider 

whether their activities have any 

Federal involvement. 

Designation of critical habitat only 

affects activities conducted, funded, or 

permitted by Federal agencies. Some 

kinds of activities are unlikely to have 

any Federal involvement and so will not 

be affected by critical habitat 

designation. In areas where the species 

is present, Federal agencies already are 

required to consult with us under 

section 7(a)(2) of the Act on activities 

they fund, permit, or implement that 

may affect Chorizanthe pungens var. 

pungens. Federal agencies also must 

consult with us if their activities may 

affect critical habitat. Designation of 

critical habitat, therefore, could result in 

an additional economic impact on small 

entities due to the requirement to 

reinitiate consultation for ongoing 

Federal activities. 

To determine if the revised 

designation of critical habitat for 

Chorizanthe pungens var. pungens 

would affect a substantial number of 

small entities, we considered the 

number of small entities affected within 

particular types of economic activities 

(e.g., residential and commercial 

development). We considered each 

industry or category individually to 

determine if certification is appropriate. 

In estimating the numbers of small 

entities potentially affected, we also 

considered whether their activities have 

any Federal involvement. 

In our draft economic analysis of the 

proposed revised critical habitat 

designation, we evaluated the potential 

economic effects on small business 

entities resulting from conservation 

actions related to the listing of 

Chorizanthe pungens var. pungens and 

proposed designation of revised critical 

habitat. We determined from our draft 

analysis that the small business entities 

that could potentially be affected 

include one city government (City of 

Pacific Grove), and one private farm. 

However, costs were not associated with 

the City of Pacific Grove or the private 

farm because they are not currently 

required to undertake actions to 

conserve the species and there is a low 

likelihood that their actions will involve 

a federal nexus in the future. A third 

entity, the Fort Ord Reuse Authority 

(FORA), was created by the State 

legislature in 1994, to oversee the 

civilian reuse and redevelopment of 

former Fort Ord. It sunsets in 2014, after 

which lands that it may have been 

managing on former Fort Ord may be 

jointly managed by multiple local 

governments. The Habitat Conservation 

Plan (HCP) currently being developed 

that will define the future distribution 

and management of former Fort Ord 

lands has not been completed. 

Therefore, for the purpose of the draft 

and final economic analysis, FORA was 

not classified as a small entity. Based on 

our economic analysis, we certify that 

the rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Small Business Regulatory Enforcement 

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

Under SBREFA, this rule is not a 

major rule. Our detailed assessment of 

the economic effects of this designation 

is described in the economic analysis. 

Based on the effects identified in the 

economic analysis, we believe that this 

rule will not have an annual effect on 

the economy of $100 million or more, 

will not cause a major increase in costs 

or prices for consumers, and will not 

have significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. Refer to 

the final economic analysis for a 

discussion of the effects of this 

determination (see ADDRESSES for 

information on obtaining a copy of the 

final economic analysis). 

Energy Supply, Distribution, or Use 

On May 18, 2001, the President issued 

an Executive Order (E.O. 13211; Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use) on regulations that 

significantly affect energy supply, 

distribution, and use. E.O. 13211 

requires agencies to prepare Statements 

of Energy Effects when undertaking 

certain actions. One critical habitat unit 

(Prunedale, Unit 7) contains 17 ac (7 ha) 

of land held in a conservation easement 

owned by Pacific Gas and Electric 

Company. Pacific Gas and Electric 

Company maintains power lines that 

cross this unit; however, because the 

company does not plan to develop this 

land any further, the designation of 

revised critical habitat is not expected to 

have an adverse effect on energy 

production. This final rule to designate 

revised critical habitat for Chorizanthe 

pungens var. pungens is not expected to 

significantly affect energy supplies, 

distribution, or use. Therefore, this 

action is not a significant energy action, 

and no Statement of Energy Effects is 

required. 

Unfunded Mandates Reform Act (2 

U.S.C. 1501 et seq.) 

In accordance with the Unfunded 

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

seq.), we make the following findings: 

(a) This rule will not produce a 

Federal mandate. In general, a Federal 

mandate is a provision in legislation, 

statute or regulation that would impose 

an enforceable duty upon State, local, 

Tribal governments, or the private sector 

and includes both ‘‘Federal 

intergovernmental mandates’’ and 

‘‘Federal private sector mandates.’’

These terms are defined in 2 U.S.C. 

658(5)–(7). ‘‘Federal intergovernmental 

mandate’’ includes a regulation that 

‘‘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 


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funding, assistance, or permits, or that 

otherwise require approval or 

authorization from a Federal agency for 

an action, may be indirectly impacted 

by the designation of critical habitat, the 

legally binding duty to avoid 

destruction or adverse modification of 

critical habitat rests squarely on the 

Federal agency. Furthermore, to the 

extent that non-Federal entities are 

indirectly impacted because they 

receive Federal assistance or participate 

in a voluntary Federal aid program, the 

Unfunded Mandates Reform Act would 

not apply, nor would critical habitat 

shift the costs of the large entitlement 

programs listed above on to State 

governments. 

(b) As discussed in the draft economic 

analysis of the proposed designation of 

revised critical habitat for Chorizanthe 

pungens var. pungens and the 

‘‘Regulatory Flexibility Act’’ section 

above, there is expected to be no impact 

on small governments or small entities. 

There is no record of consultations 

between the Service and any of these 

governments since C. p. var. pungens 

was listed as threatened on February 4, 

1994 (59 FR 5499). It is likely that small 

governments involved with 

developments and infrastructure 

projects would be interested parties or 

involved with projects involving 

consultations under section 7 of the Act 

for C. p. var. pungens within their 

jurisdictional areas. As identified in the 

draft economic analysis, any costs 

associated with this activity are likely to 

represent a small portion of a local 

government’s budget. Costs were not 

associated with the City of Pacific Grove 

because it is not currently required to 

undertake actions to conserve the 

species and there is a low likelihood 

that their actions will involve a federal 

nexus in the future. Consequently, we 

do not believe that the designation of 

revised critical habitat for C. p. var. 

pungens will significantly or uniquely 

affect these small governmental entities 

because it will not produce a Federal 

mandate of $100 million or greater in 

any year; that is, it is not a ‘‘significant 

regulatory action’’ under the Unfunded 

Mandates Reform Act. The designation 

of revised critical habitat imposes no 

obligations on State or local 

governments. As such, a Small 

Government Agency Plan is not 

required. 

Takings 

In accordance with Executive Order 

12630 (Government Actions and 

Interference with Constitutionally 

Protected Private Property Rights), we 

have analyzed the potential takings 

implications of designating revised 

critical habitat for Chorizanthe pungens 

var. pungens in a takings implications 

assessment. Critical habitat designation 

does not affect landowner actions that 

do not require Federal funding or 

permits, nor does it preclude 

development of habitat conservation 

programs or issuance of incidental take 

permits to permit actions that do require 

Federal funding or permits to go 

forward. The takings implications 

assessment concludes that this 

designation of revised critical habitat for 

C. p. var. pungens does not pose 

significant takings implications for 

lands within or affected by the 

designation. 

Federalism 

In accordance with E.O. 13132 

(Federalism), the rule does not have 

significant Federalism effects. A 

Federalism assessment is not required. 

In keeping with Department of Interior 

and Department of Commerce policy, 

we requested information from, and 

coordinated development of, this final 

revised critical habitat designation with 

appropriate State resource agencies in 

California. However, we did not receive 

any comments from these State 

agencies. The designation of revised 

critical habitat in areas currently 

occupied by Chorizanthe pungens var. 

pungens may impose nominal 

additional regulatory restrictions to 

those currently in place and, therefore, 

may have a slight incremental impact on 

State and local governments and their 

activities. The designation may have 

some benefit to these governments 

because the areas that contain the 

physical and biological features 

essential to the conservation of the 

species are more clearly defined, and 

the primary constituent element of the 

habitat necessary to the conservation of 

the species is specifically identified. 

This information does not alter where 

and what federally sponsored activities 

may occur. However, it may assist these 

local governments in long-range 

planning (rather than having them wait 

for case-by-case section 7 consultations 

to occur). 

Civil Justice Reform 

In accordance with E.O. 12988 (Civil 

Justice Reform), the Office of the 

Solicitor has determined that the rule 

does not unduly burden the judicial 

system and that it meets the 

requirements of sections 3(a) and 3(b)(2) 

of the Order. We are designating revised 

critical habitat in accordance with the 

provisions of the Act. This revised final 

rule uses standard property descriptions 

and identifies the primary constituent 

element within the designated areas to 

assist the public in understanding the 

habitat needs of Chorizanthe pungens 

var. pungens. 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.) 

This rule does not contain any new 

collections of information that require 

approval by OMB under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). This rule will not impose 

recordkeeping or reporting requirements 

on State or local governments, 

individuals, businesses, or 

organizations. An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

National Environmental Policy Act 

(NEPA) 

It is our position that, outside the 

jurisdiction of the Circuit Court of the 

United States for the Tenth Circuit, we 

do not need to prepare environmental 

analyses as defined by NEPA (42 U.S.C. 

4321 et seq.) in connection with 

designating critical habitat under the 

Act. We published a notice outlining 

our reasons for this determination in the 

Federal Register on October 25, 1983 

(48 FR 49244). This assertion was 

upheld by the Circuit Court of the 

United States for the Ninth Circuit Court 

(Douglas County v. Babbitt, 48 F.3d 

1495 (9th Cir. Ore. 1995), cert. denied 

516 U.S. 1042 (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), E.O. 13175, 

and the Department of the Interior’s 

manual at 512 DM 2, we readily 

acknowledge our responsibility to 

communicate meaningfully with 

recognized Federal Tribes on a 

government-to-government basis. In 

accordance with Secretarial Order 3206 

of June 5, 1997 (American Indian Tribal 

Rights, Federal-Tribal Trust 

Responsibilities, and the Endangered 

Species Act), we readily acknowledge 

our responsibilities to work directly 

with tribes in developing programs for 

healthy ecosystems, to acknowledge that 

tribal lands are not subject to the same 

controls as Federal public lands, to 

remain sensitive to Indian culture, and 

to make information available to Tribes. 

We have determined that there are no 

Tribal lands occupied at the time of 

listing or currently occupied that 

contain the physical and biological 

features essential for the conservation, 


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and no Tribal lands that are unoccupied 

areas essential for the conservation of 

Chorizanthe pungens var. pungens. 

Therefore, revised critical habitat for C. 

p. var. pungens has not been designated 

on Tribal lands. 

References Cited 

A complete list of all references cited 

in this rulemaking is available upon 

request from the Field Supervisor, 

Venture Fish and Wildlife Office (see 

ADDRESSES). 

Author(s) 

The primary author of this rulemaking 

is the staff of the Ventura Fish and 

Wildlife Office. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Regulation Promulgation 

■ Accordingly, we amend part 17, 

subchapter B of chapter I, title 50 of the 

Code of Federal Regulations, as set forth 

below: 

PART 17—[AMENDED] 

■ 1. The authority citation for part 17 

continues to read as follows: 

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

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

625, 100 Stat. 3500; unless otherwise noted. 

■ 2. In § 17.96(a), revise the entry for 

‘‘Family Polygonaceae: Chorizanthe 

pungens var. pungens (Monterey 

spineflower)’’ to read as follows: 

§ 17.96 Critical habitat—plants. 

(a) Flowering plants. 

* * * * * 

Family Polygonaceae: Chorizanthe 

pungens var. pungens (Monterey 

spineflower) 

(1) Critical habitat units are depicted 

for Santa Cruz and Monterey Counties, 

California, on the maps below. 

(2) The primary constituent element 

of critical habitat for Chorizanthe 

pungens var. pungens is a vegetation 

structure arranged in a mosaic with 

openings between the dominant 

elements (e.g., scrub, shrub, oak trees, or 

clumps of herbaceous vegetation) that 

changes in spatial position as a result of 

physical processes such as windblown 

sands and fire and that allows sunlight 

to reach the surface of the following 

sandy soils: coastal beaches, dune land, 

Baywood sand, Ben Lomond sandy 

loam, Elder sandy loam, Oceano loamy 

sand, Arnold loamy sand, Santa Ynez 

fine sandy loam, Arnold—Santa Ynez 

complex, Metz complex, and Metz 

loamy sand. 

(3) Critical habitat does not include 

manmade structures (such as buildings, 

aqueducts, airports, and roads) and the 

land on which such structures are 

located, existing within the legal 

boundaries on the effective date of this 

rule. 

(4) Critical habitat map units. Data 

layers defining map units were created 

on base maps using aerial imagery from 

the National Agricultural Imagery 

Program (aerial imagery captured June 

2005). Data were projected to Universal 

Transverse Mercator (UTM) zone 11, 

North American Datum (NAD) 1983. 

(5) Note: Index map (Map 1) follows: 

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(6) Unit 1: Sunset Unit, Santa Cruz 

County, California. 

(i) From USGS 1:24,000 scale 

quadrangle Watsonville West. Land 

bounded by the following UTM zone 10 

NAD83 coordinates (E, N): 603929, 

4083699; 604051, 4083487; 604059, 

4083449; 604045, 4083383; 604045, 

4083351; 604091, 4083265; 604106, 

4083164; 604122, 4083147; 604176, 

4083117; 604222, 4083063; 604255, 

4083022; 604279, 4083005; 604325, 

4082960; 604349, 4082925; 604373, 

4082842; 604412, 4082708; 604424, 

4082671; 604426, 4082579; 604449, 

4082515; 604460, 4082474; 604491, 

4082428; 604504, 4082397; 604510, 

4082350; 604527, 4082300; 604546, 

4082248; 604535, 4082205; 604688, 

4081900; 604847, 4081649; 604743, 

4081648; 604613, 4081903; 604338, 

4082450; 604205, 4082695; 604132, 

4082828; 603987, 4083070; 603703, 

4083577; returning to 603929, 4083699. 

(ii) Note: Map of Units 1, 5, and 6 

(Map 2) follows: 


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(7) Unit 2: Moss Landing Unit, 

Monterey County, California. 

(i) From USGS 1:24,000 scale 

quadrangle Moss Landing. Land 

bounded by the following UTM zone 10 

NAD83 coordinates (E, N): 606846, 

4077325; 606856, 4077319; 606883, 

4077322; 606936, 4077244; 607001, 

4076989; 607221, 4076534; 607207, 

4076523; 607206, 4076512; 607216, 

4076487; 607238, 4076472; 607272, 

4076417; 607272, 4076386; 607298, 

4076371; 607309, 4076358; 607302, 

4076347; 607281, 4076295; 607281, 

4076279; 607281, 4076268; 607363, 

4076215; 607402, 4076180; 607386, 

4076154; 607385, 4076136; 607405, 

4076130; 607447, 4076140; 607463, 

4076129; 607474, 4076104; 607446, 

4076087; 607459, 4076071; 607468, 

4076053; 607462, 4076033; 607463, 

4076012; 607478, 4075951; 607520, 

4075917; 607562, 4075871; 607571, 

4075831; 607568, 4075796; 607574, 

4075776; 607613, 4075747; 607633, 

4075682; 607659, 4075646; 607659, 

4075637; 607654, 4075633; 607631, 

4075619; 607636, 4075576; 607597, 

4075556; 607690, 4075440; 607823, 

4075301; 607910, 4075107; 607947, 

4074934; 607954, 4074719; 608021, 

4074544; 608058, 4074335; 607999, 

4074277; 607936, 4074603; 607872, 

4074869; 607801, 4075108; 607725, 

4075268; 607599, 4075459; 607507, 

4075612; 607438, 4075772; 607271, 

4076054; 607170, 4076277; 607008, 

4076687; 606805, 4077227; 606661, 

4077584; 606561, 4077910; 606454, 

4078187; 606601, 4078347; 606679, 

4078021; 606792, 4077578; 606824, 

4077463; 606863, 4077367; 606841, 

4077344; returning to 606846, 4077325. 

(ii) From USGS 1:24,000 scale 

quadrangle Moss Landing. Land 

bounded by the following UTM zone 10 

NAD83 coordinates (E, N): 607903, 

4073162; 608016, 4073442; 608084, 

4073399; 607962, 4073136; returning to 

607903, 4073162. 

(iii) From USGS 1:24,000 scale 

quadrangle Moss Landing. Land 

bounded by the following UTM zone 10 

NAD83 coordinates (E, N): 607228, 

4070373; 607310, 4070736; 607328, 

4070904; 607348, 4071016; 607384, 

4071156; 607514, 4071712; 607717, 

4072508; 607772, 4072783; 607853, 

4073038; 607914, 4073020; 607895, 

4072915; 607865, 4072861; 607783, 

4072474; 607787, 4072361; 607718, 

4072182; 607621, 4071731; 607609, 

4071579; 607619, 4071527; 607625, 

4071342; 607616, 4071320; 607621, 

4071220; 607596, 4071153; 607592, 

4071096; 607570, 4071047; 607576, 

4071014; 607648, 4070995; 607689, 

4070941; 607666, 4070915; 607668, 

4070868; 607631, 4070839; 607679, 

4070781; 607677, 4070715; 607710, 

4070665; 607739, 4070545; 607696, 

4070507; 607689, 4070486; 607670, 

4070465; 607654, 4070436; 607649, 

4070398; 607502, 4070309; 607230, 

4070348; returning to 607228, 4070373. 

(iv) Note: Map of Units 2 and 7 (Map 

3) follows: 


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(8) Unit 3: Marina Unit, Monterey 

County, California. 

(i) From USGS 1:24,000 scale 

quadrangle Marina. Land bounded by 

the following UTM zone 10 NAD83 

coordinates (E, N): 603550, 4054338; 

603691, 4054583; 603944, 4055018; 

604173, 4055496; 604429, 4056021; 

604819, 4056877; 605042, 4057450; 

605354, 4058252; 605565, 4058848; 

605837, 4059750; 605918, 4060031; 

606155, 4061060; 606282, 4061745; 

606320, 4062114; 606653, 4061944; 

606642, 4061777; 606595, 4061605; 

606497, 4061365; 606456, 4061248; 

606413, 4061089; 606388, 4060903; 

606384, 4060755; 606390, 4060633; 

606431, 4060406; 606349, 4060385; 

606398, 4060148; 606370, 4060069; 

606443, 4060021; 606446, 4059958; 

606490, 4059933; 606225, 4059382; 

606099, 4059154; 605974, 4058942; 

605942, 4058878; 605861, 4058673; 

605779, 4058394; 605739, 4058410; 

605709, 4058346; 605679, 4058361; 

605597, 4058304; 605587, 4058210; 

605728, 4058160; 605683, 4058028; 

605674, 4057900; 605681, 4057671; 

605667, 4057538; 605662, 4057406; 

605671, 4057317; 605690, 4057220; 

605712, 4057147; 605763, 4057024; 

605756, 4056939; 605731, 4056910; 

605457, 4056766; 605429, 4056741; 

605335, 4056560; 605360, 4056447; 

605356, 4056395; 605232, 4056155; 

605212, 4056093; 604940, 4055894; 

604498, 4055349; 604397, 4055203; 

604345, 4055087; 604323, 4055018; 

604254, 4054897; 604077, 4054661; 

604008, 4054566; 603934, 4054465; 

603914, 4054402; 603758, 4054196; 

603755, 4054189; 603737, 4054200; 

603550, 4054338; 604416, 4055878; 

604427, 4055852; 604451, 4055848; 

604497, 4055868; 604526, 4055905; 

604560, 4055938; 604613, 4055965; 

604651, 4056003; 604699, 4056069; 

604731, 4056138; 604736, 4056182; 

604732, 4056242; 604726, 4056273; 

604709, 4056296; 604675, 4056304; 

604634, 4056288; 604613, 4056256; 

604609, 4056220; 604632, 4056186; 

604631, 4056167; 604605, 4056141; 

604599, 4056122; 604602, 4056098; 

604599, 4056084; 604568, 4056084; 

604524, 4056092; 604513, 4056083; 

604512, 4056070; 604528, 4056015; 

604522, 4056001; 604501, 4055983; 

604475, 4055969; 604459, 4055945; 

604456, 4055931; 604438, 4055912; 

604416, 4055878. 

(ii) Note: Map of Units 3, 4, and 8 

(Map 4) follows: 


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(9) Unit 4: Asilomar Unit, Monterey 

County, California. 

(i) From USGS 1:24,000 scale 

quadrangle Monterey. Land bounded by 

the following UTM zone 10 NAD83 

coordinates (E, N): 594619, 4053296; 

594619, 4053330; 594626, 4053369; 

594643, 4053405; 594653, 4053431; 

594654, 4053454; 594660, 4053514; 

594648, 4053561; 594648, 4053583; 

594655, 4053600; 594727, 4053636; 

594734, 4053644; 594740, 4053671; 

594751, 4053688; 594765, 4053700; 

594763, 4053748; 594755, 4053773; 

594750, 4053787; 594766, 4053795; 

594788, 4053798; 594800, 4053805; 

594811, 4053823; 594817, 4053849; 

594813, 4053884; 594795, 4053906; 

594779, 4053929; 594776, 4053948; 

594778, 4053962; 594784, 4053976; 

594798, 4054002; 594808, 4054006; 

594824, 4054004; 594853, 4053992; 

594880, 4053986; 594908, 4053991; 

594929, 4054006; 594949, 4054037; 

594950, 4054065; 594944, 4054114; 

594952, 4054174; 594968, 4054190; 

594979, 4054237; 594977, 4054292; 

594972, 4054311; 595001, 4054351; 

594980, 4054393; 594962, 4054440; 

594960, 4054479; 594946, 4054509; 

594969, 4054511; 594985, 4054509; 

595008, 4054518; 595011, 4054528; 

595025, 4054538; 595059, 4054529; 

595052, 4054467; 595026, 4054447; 

595013, 4054407; 595028, 4054355; 

595028, 4054328; 595021, 4054284; 

594958, 4054012; 594959, 4054012; 

594943, 4053970; 594883, 4053919; 

594857, 4053880; 594796, 4053673; 

594782, 4053639; 594769, 4053626; 

594713, 4053598; 594719, 4053582; 

594888, 4053489; 594869, 4053373; 

594896, 4053299; 594890, 4053268; 

594927, 4053223; 594919, 4053193; 

594957, 4053160; 594950, 4053123; 

594886, 4053082; 594885, 4053056; 

594923, 4053026; 594924, 4052940; 

594906, 4052966; 594871, 4053005; 

594832, 4053036; 594804, 4053053; 

594726, 4053053; 594680, 4053081; 

594680, 4053142; 594667, 4053173; 

594651, 4053254; returning to 594619, 

4053296. 

(ii) From USGS 1:24,000 scale 

quadrangle Monterey. Land bounded by 

the following UTM zone 10 NAD83 

coordinates (E, N): 594873, 4054693; 

594913, 4054742; 595038, 4054606; 

595057, 4054580; 595062, 4054561; 

594921, 4054598; 594905, 4054625; 

returning to 594873, 4054693. 

(iii) Note: Map of Unit 4 is provided 

at paragraph (8)(ii) of this entry. 

(10) Unit 5: Freedom Boulevard Unit, 

Monterey County, California. 

(i) From USGS 1:24,000 scale 

quadrangle Watsonville West. Land 

bounded by the following UTM zone 10 

NAD83 coordinates (E, N): 601321.000 

4093848; 601363, 4093878; 601484, 

4093904; 601600, 4093907; 601710, 

4093877; 601828, 4093833; 601921, 

4093791; 601965, 4093746; 601983, 

4093719; 601989, 4093682; 601905, 

4093585; 601870, 4093613; 601487, 

4093784; 601333, 4093837; returning to 

601321, 4093848. 

(ii) Note: Map of Unit 5 is provided 

at paragraph (6)(ii) of this entry. 

(11) Unit 6: Manresa Unit, Monterey 

County, California. 

(i) From USGS 1:24,000 scale 

quadrangle Watsonville West. Land 

bounded by the following UTM zone 10 

NAD83 coordinates (E, N): 602044, 

4086559; 602112, 4086716; 602197, 

4086682; 602210, 4086694; 602221, 

4086722; 602232, 4086754; 602285, 

4086738; 602326, 4086722; 602374, 

4086749; 602431, 4086877; 602376, 

4086900; 602383, 4086914; 602296, 

4086951; 602289, 4086937; 602236, 

4086959; 602268, 4086998; 602524, 

4086894; 602501, 4086838; 602557, 

4086814; 602494, 4086665; 602763, 

4086296; 602864, 4086162; 602562, 

4086054; 602541, 4086096; 602394, 

4086067; 602378, 4086099; 602302, 

4086085; 602318, 4086053; 602275, 

4086044; 602210, 4086186; 602139, 

4086348; 602115, 4086409; returning to 

602044, 4086559. 

(ii) Note: Map of Unit 6 is provided 

at paragraph (6)(ii) of this entry. 

(12) Unit 7: Prunedale Unit, Monterey 

County, California. 

(i) From USGS 1:24,000 scale 

quadrangle Prunedale. Land bounded by 

the following UTM zone 10 NAD83 

coordinates (E, N): 618887, 4071619; 

618896, 4071742; 619145, 4071725; 

619431, 4071664; 619441, 4071576; 

619439, 4071574; 619169, 4071562; 

619166, 4071601; returning to 618887, 

4071619. 

(ii) From USGS 1:24,000 scale 

quadrangle Prunedale. Land bounded by 

the following UTM zone 10 NAD83 

coordinates (E, N): 621025, 4070792; 

621080, 4071114; 621051, 4071111; 

621085, 4071163; 621121, 4071173; 

621136, 4071182; 621157, 4071219; 

621160, 4071234; 621207, 4071274; 

621233, 4071259; 621258, 4071205; 

621283, 4071171; 621295, 4071168; 

621290, 4071132; 621295, 4071048; 

621284, 4070900; 621321, 4070847; 

621314, 4070833; 621093, 4070705; 

621046, 4070723; returning to 621025, 

4070792. 

(iii) From USGS 1:24,000 scale 

quadrangle Prunedale. Land bounded by 

the following UTM zone 10 NAD83 

coordinates (E, N): 620707, 4073069; 

620896, 4073161; 620837, 4073252; 

620899, 4073326; 620937, 4073319; 

621026, 4073386; 621107, 4073506; 

621199, 4073608; 621206, 4073579; 

621166, 4073526; 621173, 4073436; 

621083, 4073322; 621197, 4073259; 

621151, 4072949; 621158, 4072940; 

621187, 4072867; 621278, 4072572; 

621300, 4072385; 621364, 4072301; 

621342, 4072258; 621328, 4072169; 

621331, 4072151; 621353, 4072139; 

621389, 4072155; 621377, 4072009; 

621414, 4071899; 621422, 4071791; 

621411, 4071786; 621361, 4071747; 

621364, 4071718; 621377, 4071704; 

621421, 4071702; 621385, 4071615; 

621370, 4071533; 621379, 4071479; 

621265, 4071449; 621256, 4071455; 

621283, 4071501; 621288, 4071541; 

621282, 4071565; 621230, 4071628; 

621278, 4071792; 621255, 4071940; 

621265, 4072089; 621192, 4072091; 

621191, 4072183; 621130, 4072185; 

621130, 4072300; 621085, 4072462; 

621060, 4072649; 621031, 4072686; 

621017, 4072730; 621009, 4072808; 

620987, 4072831; 620927, 4072859; 

620775, 4072954; 620739, 4072948; 

620709, 4072962; returning to 620707, 

4073069. 

(iv) From USGS 1:24,000 scale 

quadrangle Prunedale. Land bounded by 

the following UTM zone 10 NAD83 

coordinates (E, N): 620983, 4073724; 

621027, 4073754; 620988, 4073922; 

620997, 4073968; 620986, 4074025; 

621101, 4074125; 621133, 4074174; 

621144, 4074209; 621084, 4074270; 

621123, 4074335; 621127, 4074380; 

621146, 4074396; 621174, 4074395; 

621273, 4074228; 621256, 4074215; 

621206, 4074150; 621149, 4074028; 

621163, 4073968; 621180, 4073920; 

621159, 4073901; 621160, 4073898; 

621124, 4073845; 621154, 4073750; 

621074, 4073707; 621036, 4073609; 

returning to 620983, 4073724. 

(v) From USGS 1:24,000 scale 

quadrangle Prunedale. Land bounded by 

the following UTM zone 10 NAD83 

coordinates (E, N): 617547, 4073216; 

617576, 4073293; 617656, 4073321; 

617785, 4073418; 617979, 4073424; 

618019, 4073404; 617985, 4073355; 

617733, 4073162; 617632, 4073136; 

617572, 4073162; returning to 617547, 

4073216. 

(vi) Note: Map of Unit 7 is provided 

at paragraph (7)(iv) of this entry. 

(13) Unit 8: Fort Ord Unit, Monterey 

County, California. 

(i) From USGS 1:24,000 scale 

quadrangle Marina. Land bounded by 

the following UTM zone 10 NAD83 

coordinates (E, N): 609697, 4059326; 

609722, 4059410; 610034, 4059231; 

610010, 4059188; 610075, 4059114; 

610137, 4059066; 610125, 4059051; 

610114, 4059037; 610103, 4059024; 

610091, 4059012; 610078, 4058998; 

610065, 4058986; 609965, 4058895; 

609958, 4058903; 609998, 4059020; 

609962, 4059186; 609940, 4059175; 


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609906, 4059214; 609932, 4059260; 

609797, 4059338; 609773, 4059296; 

609709, 4059308; returning to 609697, 

4059326. 

(ii) From USGS 1:24,000 scale 

quadrangle Marina. Land bounded by 

the following UTM zone 10 NAD83 

coordinates (E, N): 610192, 4059594; 

610236, 4059663; 610258, 4059655; 

610274, 4059651; 610309, 4059651; 

610379, 4059665; 610390, 4059664; 

610433, 4059733; 610443, 4059751; 

610466, 4059785; 610502, 4059762; 

610434, 4059652; 610504, 4059609; 

610493, 4059592; 610463, 4059611; 

610444, 4059619; 610420, 4059623; 

610397, 4059620; 610355, 4059601; 

610331, 4059591; 610295, 4059584; 

610267, 4059581; 610240, 4059582; 

610211, 4059588; returning to 610192, 

4059594. 

(iii) From USGS 1:24,000 scale 

quadrangle Marina. Land bounded by 

the following UTM zone 10 NAD83 

coordinates (E, N): 608008, 4060536; 

609030, 4060994; 609030, 4060995; 

609971, 4060407; 609846, 4060206; 

610033, 4060089; 609999, 4060034; 

610264, 4059868; 610164, 4059707; 

610220, 4059673; 610168, 4059589; 

610111, 4059623; 609932, 4059336; 

609230, 4059739; 609322, 4059793; 

returning to 608008, 4060536. 

(iv) From USGS 1:24,000 scale 

quadrangle Marina and Salinas. Land 

bounded by the following UTM zone 10 

NAD83 coordinates (E, N): 609751, 

4058616; 610060, 4058898; 610647, 

4058564; 610667, 4058598; 610879, 

4058745; 612436, 4057852; 612399, 

4057799; 612384, 4057756; 612381, 

4057739; 612387, 4057693; 612378, 

4057650; 612361, 4057603; 612352, 

4057589; 612317, 4057541; 612304, 

4057508; 612294, 4057462; 612274, 

4057395; 611971, 4057411; 611159, 

4057399; 611101, 4057397; 611145, 

4057519; 611450, 4057629; 611480, 

4057720; 611321, 4058012; 610816, 

4058291; returning to 609751, 4058616. 

(v) From USGS 1:24,000 scale 

quadrangle Marina, Salinas, Seaside, 

and Spreckles. Land bounded by the 

following UTM zone 10 NAD83 

coordinates (E, N): 605408, 4050946; 

605410, 4051017; 605417, 4051087; 

605436, 4051191; 605522, 4051488; 

605602, 4051720; 605630, 4051830; 

605627, 4052006; 605600, 4052419; 

605601, 4052501; 605607, 4052559; 

605617, 4052617; 605630, 4052674; 

605647, 4052729; 605669, 4052784; 

605755, 4052925; 605799, 4052980; 

605821, 4053004; 605890, 4053067; 

605951, 4053108; 606007, 4053137; 

606408, 4053300; 606490, 4053347; 

606545, 4053384; 606598, 4053428; 

606636, 4053464; 606689, 4053526; 

606767, 4053639; 606817, 4053698; 

606874, 4053750; 606918, 4053782; 

606950, 4053802; 607005, 4053831; 

607729, 4054151; 607873, 4054074; 

607886, 4053775; 607904, 4053747; 

607933, 4053729; 607986, 4053722; 

608063, 4053728; 608098, 4053744; 

608110, 4053762; 608102, 4053961; 

608113, 4054001; 608182, 4053964; 

608546, 4054184; 608601, 4054203; 

609141, 4054548; 609160, 4054556; 

609231, 4054598; 609258, 4054621; 

609310, 4054704; 609315, 4054723; 

609316, 4054750; 609309, 4054768; 

609291, 4054789; 609315, 4054806; 

609366, 4054824; 609440, 4054835; 

609459, 4054850; 609477, 4054868; 

609493, 4054873; 609569, 4054861; 

609611, 4054845; 609698, 4054839; 

609757, 4054849; 609772, 4054857; 

609817, 4054936; 609820, 4054959; 

609841, 4054989; 609907, 4055031; 

609927, 4055053; 609944, 4055100; 

609947, 4055132; 609927, 4055254; 

609934, 4055294; 609967, 4055327; 

610020, 4055349; 610057, 4055378; 

610164, 4055520; 610209, 4055546; 

610237, 4055571; 610306, 4055681; 

610387, 4055754; 610520, 4055833; 

610554, 4055869; 610574, 4055904; 

610643, 4056127; 610658, 4056143; 

610901, 4056274; 611153, 4056431; 

611104, 4056509; 611091, 4056560; 

611069, 4056592; 611046, 4056645; 

611025, 4056671; 611033, 4056696; 

611031, 4056719; 611006, 4056762; 

611005, 4056778; 610992, 4056821; 

610993, 4056878; 611001, 4056895; 

611011, 4057000; 610986, 4057080; 

610970, 4057224; 611012, 4057361; 

611950, 4057379; 611958, 4057200; 

611948, 4057203; 611937, 4057200; 

611926, 4057191; 611923, 4057178; 

611938, 4057146; 611938, 4057138; 

611942, 4057138; 611962, 4057097; 

611970, 4056892; 611990, 4056882; 

612022, 4056833; 612154, 4056656; 

612173, 4056586; 612270, 4056432; 

612342, 4056434; 612478, 4056464; 

612526, 4056458; 612566, 4056441; 

612640, 4056444; 612759, 4056485; 

612970, 4056560; 613013, 4056113; 

613193, 4055994; 613060, 4055849; 

613038, 4055818; 613033, 4055786; 

613060, 4055413; 613060, 4055373; 

613052, 4055334; 612998, 4055174; 

612988, 4055121; 612992, 4055065; 

613011, 4054974; 613013, 4054937; 

613005, 4054877; 612986, 4054850; 

612887, 4054762; 612866, 4054738; 

612847, 4054706; 612833, 4054662; 

612818, 4054637; 612799, 4054618; 

612755, 4054589; 612743, 4054577; 

612721, 4054544; 612693, 4054453; 

612476, 4053952; 612446, 4053881; 

612426, 4053845; 612349, 4053748; 

612332, 4053721; 612319, 4053691; 

612303, 4053631; 612267, 4053559; 

612265, 4053541; 612273, 4053470; 

612274, 4053433; 612270, 4053404; 

612250, 4053323; 612251, 4053272; 

612255, 4053218; 612238, 4053128; 

612226, 4053030; 612228, 4052996; 

612255, 4052840; 612255, 4052818; 

612248, 4052779; 612235, 4052738; 

612193, 4052664; 612188, 4052579; 

612167, 4052495; 612147, 4052453; 

612110, 4052400; 612097, 4052366; 

612092, 4052334; 612092, 4052274; 

612096, 4052244; 612113, 4052172; 

612125, 4052134; 612203, 4051986; 

612236, 4051914; 612248, 4051881; 

612275, 4051794; 612283, 4051759; 

612291, 4051699; 612281, 4051639; 

612261, 4051561; 612247, 4051534; 

612118, 4051387; 612023, 4051304; 

612002, 4051275; 611994, 4051260; 

611987, 4051235; 611979, 4051157; 

611957, 4051054; 611948, 4051022; 

611934, 4050984; 611908, 4050937; 

611867, 4050885; 611722, 4050757; 

611702, 4050737; 611694, 4050705; 

611676, 4050543; 611484, 4050568; 

611399, 4050574; 611259, 4050574; 

611146, 4050565; 611042, 4050551; 

610945, 4050516; 610871, 4050482; 

610784, 4050434; 610732, 4050403; 

610678, 4050363; 610617, 4050313; 

610545, 4050241; 610074, 4049765; 

610039, 4049758; 609981, 4049733; 

609937, 4049701; 609889, 4049652; 

609877, 4049618; 609814, 4049590; 

609730, 4049564; 607897, 4049093; 

607832, 4049096; 607676, 4049111; 

607570, 4049128; 607487, 4049145; 

607378, 4049173; 607306, 4049194; 

607130, 4049259; 606738, 4049427; 

606676, 4049452; 606613, 4049473; 

606531, 4049492; 606449, 4049505; 

606382, 4049509; 606308, 4049509; 

606215, 4049712; 606173, 4049789; 

606127, 4049854; 606067, 4049919; 

606019, 4049966; 605756, 4050195; 

605696, 4050251; 605658, 4050292; 

605623, 4050334; 605590, 4050379; 

605560, 4050424; 605532, 4050472; 

605496, 4050546; 605465, 4050623; 

605448, 4050675; 605428, 4050755; 

605417, 4050824; 605412, 4050864; 

returning to 605408, 4050946. 

Excluding: 609791, 4053559; 609792, 

4053420; 609833, 4053395; 609908, 

4053357; 610068, 4053380; 610032, 

4053598; returning to 609791, 4053559. 

Excluding: 611172, 4052992; 611242, 

4052923; 611314, 4052987; 611402, 

4052913; 611442, 4052907; 611524, 

4052850; 611543, 4052844; 611587, 

4052866; 611607, 4052919; 611628, 

4053042; 611618, 4053074; 611670, 

4053189; 611761, 4053277; 612029, 

4053402; 612049, 4053521; 611863, 

4053644; 611727, 4053518; 611656, 

4053497; 611611, 4053451; 611535, 

4053431; 611438, 4053400; 611394, 

4053341; 611346, 4053238; 611278, 

4053122; 611230, 4053068; returning to 


pwalker on PROD1PC71 with NOTICES
1552 Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Rules and Regulations 

611172, 4052992. Excluding: 611476, 

4056579; 611418, 4056559; 611437, 

4056500; 611496, 4056520; returning to 

611476, 4056579. 

(vi) Note: Map of Unit 8 is provided 

at paragraph (8)(ii) of this entry. 

(14) Unit 9: Soledad Unit, Monterey 

County, California. 

(i) From USGS 1:24,000 scale 

quadrangle Soledad. Land bounded by 

the following UTM zone 10 NAD83 

coordinates (E, N): 653941, 4029661; 

654080, 4029718; 654098, 4029754; 

654158, 4029789; 654279, 4029808; 

654372, 4029801; 654425, 4029812; 

654458, 4029845; 654505, 4029873; 

654619, 4029910; 654705, 4029898; 

654777, 4029915; 654821, 4029942; 

654865, 4029970; 654930, 4029989; 

655223, 4030005; 655305, 4030020; 

655374, 4029973; 655318, 4029807; 

655195, 4029858; 655025, 4029760; 

654944, 4029812; 654829, 4029774; 

654735, 4029691; 654629, 4029678; 

654495, 4029721; 654381, 4029731; 

654318, 4029721; 654199, 4029687; 

654123, 4029655; 653987, 4029654; 

returning to 653941, 4029661. 

(ii) Note: Map of Unit 9 (Map 5) 

follows: 

BILLING CODE 4310–55–P 


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Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Rules and Regulations 1553 


pwalker on PROD1PC71 with NOTICESER09JA08.004</GPH>
1554 Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Rules and Regulations 

* * * * * 

Dated: December 14, 2007. 

Lyle Laverty, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 08–6 Filed 1–8–08; 8:45 am] 

BILLING CODE 4310–55–C 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01] 

RIN 0648–XE80 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Inseason Adjustment 

to the 2008 Gulf of Alaska Pacific Cod 

Total Allowable Catch Amount 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment; request for comments. 

SUMMARY: NMFS is adjusting the 2008 

total allowable catch (TAC) amounts for 

the Gulf of Alaska (GOA) Pacific cod 

fishery. This action is necessary because 

NMFS has determined this TAC is 

incorrectly specified. This action will 

ensure the GOA Pacific cod TAC does 

not exceed the appropriate amount 

based on the best available scientific 

information for Pacific cod in the GOA. 

This action is consistent with the goals 

and objectives of the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska Management Area (FMP). 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 4, 2008, until the 

effective date of the 2008 and 2009 final 

harvest specifications for GOA 

groundfish, unless otherwise modified 

or superceded through publication of a 

notification in the Federal Register. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., January 22, 2008. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–XE80, by any 

one of the following methods: 

• Mail to: P.O. Box 21668, Juneau, AK 

99802 

• Hand delivery to the Federal 

Building, 709 West 9th Street, Room 

420A, Juneau, Alaska 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov 

• FAX to 907–586–7557, Attn: Ellen 

Sebastian 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments. Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the FMP prepared by the 

North Pacific Fishery Management 

Council (Council) under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2008 Pacific cod TAC in the GOA 

was set at 54,194 metric tons (mt) by the 

2007 and 2008 harvest specification for 

groundfish in the GOA (72 FR 9676, 

March 5, 2007). 

In December 2007, the Council 

recommended a 2008 Pacific cod TAC 

of 50,269 mt for the GOA. This amount 

is less than the 54,194 mt established by 

the 2007 and 2008 harvest specification 

for groundfish in the GOA (72 FR 9676, 

March 5, 2007). The TAC recommended 

by the Council is based on the Stock 

Assessment and Fishery Evaluation 

report (SAFE), dated November 2007, 

which NMFS has determined is the best 

available scientific information for this 

fishery. 

Steller sea lions occur in the same 

location as the Pacific cod fishery and 

are listed as endangered under the 

Endangered Species Act (ESA). Pacific 

cod is a principal prey species for 

Steller sea lions in the GOA. The 

seasonal apportionment of Pacific cod 

harvest is necessary to ensure the 

groundfish fisheries are not likely to 

cause jeopardy of extinction or adverse 

modification of critical habitat for 

Steller sea lions. The regulations at 

§ 679.20(a)(6)(ii) and § 679.20(a)(12)(i) 

specifies how the Pacific cod TAC shall 

be apportioned. 

In accordance with 

§ 679.25(a)(2)(i)(B), the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), has determined that, 

based on the November 2007 SAFE 

report for this fishery, the current GOA 

Pacific cod TAC is incorrectly specified. 

Consequently, the Regional 

Administrator is adjusting the 2008 

Pacific cod TAC to 50,269 mt in the 

GOA. 

Pursuant to § 679.20(a)(6)(ii) and 

§ 679.20(a)(12)(i), Table 8 of the 2007 

and 2008 final harvest specifications for 

groundfish in the GOA (72 FR 9676, 

March 5, 2007) is revised for the 2008 

Pacific cod TACs in the Western, 

Central, and Eastern GOA consistent 

with this adjustment. 

TABLE 8—FINAL 2008 SEASONAL APPORTIONMENTS AND ALLOCATION OF PACIFIC COD TAC AMOUNTS IN THE GULF OF

ALASKA; ALLOCATIONS FOR PROCESSING BY THE INSHORE AND OFFSHORE COMPONENTS

(values are rounded to the nearest metric ton) 

Season Regulatory area TAC 

Component allocation 

Inshore (90%) Offshore (10%) 

Western 19,449 17,504 1,945 

A season (60%) 11,669 10,502 1,167 

B season (40%) 7,780 7,002 778 

Central 28,426 25,583 2,843 

A season (60%) 17,056 15,350 1,706 

B season (40%) 11,370 10,233 1,137 

Eastern 2,394 2,155 239 


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