9476 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AH03

Endangered and Threatened Wildlife

and Plants; Proposed Determination of

Critical Habitat for the Quino

Checkerspot Butterfly

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: We, the U. S. Fish and

Wildlife Service (Service), propose

designation of critical habitat for the

Quino checkerspot butterfly (Euphydras

editha quino) pursuant to the

Endangered Species Act of 1973, as

amended (Act). A total of approximately

121,814 hectares (301,010 acres) in

Riverside and San Diego Counties,

California, are proposed for designation

as critical habitat for the Quino

checkerspot butterfly.

If this proposal is made final, section

7 of the Act requires Federal agencies to

ensure that actions they fund, authorize,

or carry out do not destroy or adversely

modify critical habitat to the extent that

the action appreciably diminishes the

value of the critical habitat for the

survival and recovery of the species.

Section 4 of the Act requires us to

consider economic and other impacts of

specifying any particular area as critical

habitat. We solicit data and comments

from the public on all aspects of this

proposal, including data on economic

and other impacts of the designation.

We may revise or further refine critical

habitat boundaries prior to final

designation based on habitat and

butterfly surveys, public comments on

the Draft Quino Checkerspot Butterfly

Recovery Plan and this proposed critical

habitat rule, input from the recovery

team, and new scientific and

commercial information.

DATES: We will accept comments until

the close of business on April 9, 2001.

Requests for public hearings must be

received by March 26, 2001.

ADDRESSES: Comment submission: If

you wish to comment, you may submit

your comments and materials by any

one of several methods:

You may submit written comments

and information to the Field Supervisor,

Carlsbad Fish and Wildlife Office, U. S.

Fish and Wildlife Service, 2730 Loker

Avenue West, Carlsbad, California

92008.

You may hand-deliver written

comments to our Carlsbad Fish and

Wildlife Office at the address given

above.

You may send comments by

electronic mail (e-mail) to

fw1cfwolqcb@fws.gov. See the Public

Comments Solicited section below for

file format and other information on

electronic filing.

You may view comments and

materials received, as well as supporting

documentation used in the preparation

of this proposed rule, by appointment,

during normal business hours at the

Carlsbad Fish and Wildlife Office.

FOR FURTHER INFORMATION CONTACT: Ken

Berg, Field Supervisor, Carlsbad Fish

and Wildlife Office, at the above address

(telephone 760/431–9440; facsimile

760/431–9624).

SUPPLEMENTARY INFORMATION:

Background

The Quino checkerspot butterfly

(Euphydras editha quino) is a member

of the family Nymphalidae (brushfooted butterflies) and the subfamily

Melitaeinae (checkerspots and

fritillaries). The Quino checkerspot

butterfly is a subspecies of Euphydryas

editha; it differs in physical appearance

from other subspecies in size, wing

coloration, larval, and pupal

characteristics (Mattoni et al. 1997).

The Quino checkerspot butterfly has

undergone several nomenclatural

changes. Originally described as

Melitaea quino (Behr 1863), Gunder

(1929) reduced it to a subspecies of

Euphydras chalcedona. At the same

time, he described Euphydryas editha

wrighti from a checkerspot specimen

collected in San Diego County. After

reexamining Behr’s descriptions and

specimens, Emmel et al. (1998)

concluded that the Quino checkerspot

butterfly should be associated with E.

editha, not E. chalcedona. For the

Quino checkerspot butterfly, E. editha

quino is now the accepted scientific

name.

The adult Quino checkerspot butterfly

has a wingspan of approximately 4

centimeters (1.5 inches). The top sides

of the wings have a red, black, and

cream colored checkered pattern and

the bottom sides are dominated by a red

and cream marbled pattern. The

abdomen of Quino checkerspot

butterflies has red stripes across the top.

Quino checkerspot butterfly larvae

(immature, wormlike phase) are black

with a row of nine orange fleshy/hairy

extensions on their back. Pupae

(intermediate phase between larva and

adult) are mottled black on a pale bluegray background and extremely well

camouflaged.

The life cycle of the Quino

checkerspot butterfly typically includes

one generation of adults per year, with

a 4- to 6-week flight period beginning

between late February and May,

depending on weather conditions

(Emmel and Emmel 1973). If sufficient

rain falls in late summer or early fall, a

rare second generation of reduced adult

numbers may occur (Mattoni et al.

1997). Females are usually mated on the

day they emerge from pupae, and lay

one or two egg clusters per day for most

of their adult life. Euphydryas editha

egg clusters typically contain 20–150

eggs (M. Singer, C. Parmesan, and G.

Pratt 1999). Eggs deposited by adults on

hostplants hatch in 10–14 days. Adult

emergence from pupae is staggered,

resulting in a 1-to 2-month flight season,

with each adult butterfly living from

10–14 days. Peak emergence in most

butterfly species, and probably for

Quino checkerspot butterflies as well,

occurs shortly after the beginning of the

flight season, usually in the second

week (Zonneveld 1991).

Quino checkerspot butterfly larvae

may undergo as many as seven molts

(shedding skin) prior to pupation.

During the first two instars (period

between molts), pre-diapause (before

dormancy) larvae cannot move more

than a few centimeters and are usually

restricted to the plant on which the eggs

were laid (primary hostplant). Prior to

diapause, larvae spin a web and feed

gregariously. During the third instar

(about 10 days after hatching), larvae are

able to move among individual

hostplants. Third instar larvae usually

wander independently in search of food,

and may switch from feeding on the

plant on which they hatched to another

plant of the same species, or another

hostplant species (secondary hostplant).

As hostplants age and become dry and

inedible, larvae enter diapause if they

have accumulated sufficient energy

reserves. Although the location of

diapausing Quino checkerspot butterfly

larvae in the field is not known, the

presence of clusters of postdiapause

(after dormancy) larvae found near

dense grass and shrub cover indicates

they may diapause in these areas

(Osborne and Redak 2000).

Additionally, Quino checkerspot

butterfly larvae are capable of sustaining

multiple-year diapause (M. Singer, pers.

comm., 2000).

Sufficient rainfall, usually during

November or December, causes larvae to

break diapause. Records of late second

flight seasons following unusual

summer rains indicate that the Quino

checkerspot butterfly does not require

winter chilling to break diapause, and

may not diapause at all under some

circumstances (Mattoni et al. 1997).

Rain stimulates germination and growth

Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules 9477

of the hostplants fed upon by

postdiapause larvae, which can crawl

up to several meters in search of food.

Postdiapause larval dispersal has been

well documented in the bay checkerspot

butterfly (Euphydryas editha bayensis).

Larvae of this subspecies have been

observed to travel up to 3.5 meters (m)

(11.5 feet (ft)) during a 4-day period

(Weiss et al. 1987). Postdiapause larvae

seek microclimates (small habitats with

uniform climate) with high solar

radiation, which helps speed

development (White 1974; Weiss et al.

1987; Osborne and Redak 2000).

Because of variable weather during

winter and early spring, the time

between diapause termination and

pupation can range from 2 weeks if

conditions are warm and sunny, to 2 or

3 months if cold, rainy conditions

prevail (G. Pratt, pers. comm., 2001).

Postdiapause larvae undergo three to as

many as seven instars prior to pupating

in silken shelters near ground level.

Adults emerge from pupae after

approximately 10 days, again depending

on weather (Mattoni et al. 1997).

Adult Quino checkerspot butterflies

spend time searching for mates, basking

in the sun to regulate body temperature,

feeding on nectar, defending territories,

and in the case of females, searching for

sites to deposit eggs. The Quino

checkerspot butterfly, like other

subspecies of Euphydryas editha, shows

a habitat preference for low-growing

vegetation interspersed with barren

spots (Osborne and Redak 2000). Quino

checkerspot butterflies tend to avoid

flying over trees, buildings, or other

objects taller than 2–2.5 m (6–8 ft) (G.

Pratt, pers. comm., 2001). The

thermodynamic requirements of the

butterfly, and natural avoidance of

shaded areas, deters flight in densely

wooded areas and other types of closedcanopy vegetation (C. Parmesan, pers.

comm., 2001).

Male Quino checkerspot butterflies,

and to a lesser extent, females, are

frequently observed on hilltops and

ridgelines (Service, unpublished data),

and a number of behaviors characteristic

of species known to inhabit hilltops has

been documented (K. Osborne and G.

Pratt, pers comm., 2001). Largely

untested explanations for this behavior

include: 1) The active dispersal of male

and female butterflies to local hilltops

or ridgelines during years of low adult

density where the probability of finding

mates is increased (facultative

hilltopping behavior); 2) the presence of

areas of exposed soil resulting in

warmer microclimates and superior

basking sites than surrounding

vegetated slopes and valleys; and 3) the

attraction of males to the activities of

other butterfly species on hilltops.

Data from mark-recapture studies

indicate that long-distance dispersal

(greater than 1 kilometer (km) (0.6 miles

(mi)) in Euphydryas editha is rare.

Nonetheless, Murphy and White (1984)

suggested that long-distance dispersal

events associated with population

outbreaks may contribute significantly

to colonization or recolonization of

unoccupied areas, and hence to longterm survival of the Quino checkerspot

butterfly.

Most Euphydryas editha subspecies

exhibit generally sedentary behavior,

with adults frequently remaining in the

same habitat patch in which they

developed as larvae (Ehrlich 1961, 1965;

Boughton 1999, 2000). However, female

bay checkerspots, a species similar to

the Quino checkerspot, were found to be

more likely to emigrate than males

(Ehrlich et al. 1984). Adult dispersal by

the bay checkerspot, is typically less

than 150 m (490 ft) between recaptures

(Ehrlich 1961, 1965; Gilbert and Singer

1973). Harrison (1989) recaptured bay

checkerspots greater than 1 km (0.6 mi)

from the point of release in only 5

percent of cases. Though a study of the

Quino checkerspot at Otay Lakes in San

Diego County included an estimate of

less than 100 m (330 ft) dispersal

distances (White and Levin 1981), this

study was not designed to detect longdistance dispersal. Harrison (1989)

recaptured bay checkerspots greater

than 1 kilometer (0.6 mile) from the

point of release in only 5 percent of

cases. Long-distance dispersal in bay

checkerspot butterflies has been

documented as far as 7.6 km (4.7 miles)

(D. Murphy pers. comm.), 5.6 km (3.5

miles) (1 male), and 3 km (2 miles) (1

female) (Harrison 1989).

Long-distance habitat patch

colonization may be achieved within a

single season through long-distance

dispersal of individual butterflies, or

over several seasons through steppingstone habitat patch colonization and

dispersal events. In a study of the

Morgan Hill bay checkerspot islandmainland type metapopulation, no

unoccupied habitat patches farther than

4.5 km (2.8 mi) from the source

population were colonized over a 10

year period (Harrison et al. 1988). A

metapopulation is a series of

interconnected subpopulations that

exchange individuals and/or genetic

material. The interchange of individuals

within a metapopulation can prevent an

otherwise isolated subpopulation from

going extinct and enhances genetic

fitness. A model, which was

conservative with respect to extinction,

predicted habitat patches at a distance

greater than 7 to 8 kilometers (4 to 5

miles) from the primary source

population were not likely to support

populations (Harrison et al. 1988).

Most Quino checkerspot butterfly

oviposition (egg laying) has been

documented on Plantago erecta (dwarf

plantain); however, egg clusters and

prediapause larvae have been recently

documented on Plantago patagonica

(woolly plantain), which appears to be

the sole primary host for the Silverado

metapopulation in southern Riverside

County (Pratt 2000). Additionally,

Cordylanthus rigidus (bird’s beak) was

observed on two occasions in 1999 with

egg clusters in southern San Diego

County (G. Pratt, pers. comm., 2001).

Dwarf plantain occurs in coastal sage

scrub, open chaparral, grassland, and

similar plant communities. It is often

associated with cryptogamic crusts, and

fine-textured clay soils derived from

gabbro and basalt.

The selection of specific plants by

Euphydryas editha on which to oviposit

is genetically determined (Singer et al.

1991). The ability of Euphydryas editha

larvae to grow and survive on particular

host plant species is variable among

individual larvae (Singer et al. 1988)

and among larval populations (Singer et

al. 1994; Rausher 1982). Singer et al.

(1991) found that Quino checkerspot

butterflies from the lower Otay Lakes

area preferred to deposit eggs on dwarf

plantain over Collinsia tinctoria (sticky

chinese houses). When female

Euphydryas editha butterflies fail to

encounter preferred hostplants, the

likelihood of emigration to other

suitable habitat patches increases

(Thomas and Singer 1987).

The two most important factors

affecting the suitability of hostplants for

Quino checkerspot buttefly oviposition

are exposure to solar radiation and

phenology (timing of the plant’s

development). Quino checkerspot

butterflies deposit eggs on plants

located in full sun, preferably

surrounded by bare ground or sparse,

low vegetation (Weiss et al. 1987, 1988;

Osborne and Redak 2000). Primary

hostplants must remain edible for

approximately 8 weeks for larval

feeding (Singer 1972; Singer and Ehrlich

1979).

Secondary hostplants may be

important before and after diapause.

Secondary hostplants are important

when the primary hosts undergo

senescence before larvae can enter

diapause. Such is the case in many

populations of the bay checkerspot,

where dwarf plantain is the primary

host, but most larvae survive to

diapause by migrating to Castilleja

exserta (owl’s clover). Prediapause

9478 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules

larvae feed on owl’s clover until

diapause, then return to feeding on

dwarf plantain when they break

diapause in winter (Singer 1972, Ehrlich

et al. 1975). Some metapopulations of

the Quino checkerspot butterfly may be

dependent for persistence on secondary

hosts.

Euphydryas editha butterflies use a

much wider range of plants for adult

nectar feeding than for larval foliage

feeding. The butterflies frequently take

nectar from Lomatium spp. (lomatium),

Muilla spp. (goldenstar), Achillea

millefolium (milfoil or yarrow),

Amsinkia spp. (fiddleneck), Lasthenia

spp. (goldfields), Plagyobothrys and

Cryptantha spp. (popcorn flowers), Gilia

spp, (gilia), Eriogonum fasiculatum

(California buckwheat), Allium spp.

(onion), and Eriodictyon spp. (yerba

santa) (D. Murphy and G. Pratt, pers.

comm., 2000). Quino checkerspots

butterflies have been observed flying

several hundred meters from the nearest

larval habitat patch to nectar sources.

Local habitats alone are generally not

sufficient to ensure the long-term

persistence of the Quino checkerspot

butterfly. A local population may be

expected to persist on the time scale of

years. Persistence for longer terms

results from the interaction of sets of

local habitat patch populations at larger

geographic scales (metapopulation).

Although member populations may

change in size independently, their

probabilities of existing at a given time

are not independent of one another

because they are linked by processes of

extinction and mutual recolonization,

processes that can occur on the order of

every 10 to 100 generations (Harrison et

al. 1988). The ability and propensity of

larvae to undergo multiple-year

diapause in the field, and survival rates

during repeated diapause (currently

unknown), will also affect the

persistence time of local populations.

The timescale of extirpation and

recolonization depends on the

geographic scale of the metapopulation.

Smaller metapopulations, composed of

sets of local habitat patches described

above, should be stable over the course

of decades, with habitat patches

recolonized within a few years of

extirpation. The distance between

habitat patches determines the

colonization rate, and for small

metapopulations, this distance is likely

to be under 1 km (0.6 mi). The long-term

persistence of species with

metapopulation dynamics depends on

maintenance of habitat patches and rare

long-distance dispersal and

recolonization events that link larger

metapopulations together.

The Quino checkerspot butterfly is

threatened primarily by urban and

agriculture development, non-native

plant species invasion, off-road vehicle

use, grazing, and fire management

practices (62 FR 2313). Quino

checkerspot butterfly population

decline likely has been, and will

continue to be, caused in part by

enhanced nitrogen deposition (Allen et

al. 1998), elevated atmospheric carbon

dioxide concentrations (Coviella et al.

1999), and climate change (Parmesan

1996; Field et al. 1999). Nonetheless,

urban development poses the greatest

threat and exacerbates the other threats.

Activities resulting in habitat

fragmentation, or host or nectar plant

removal, reduces habitat quality and

increases the probability of Quino

checkerspot butterfly extinction.

Stamp (1984) and White (1986)

examined the effects of parasitism and

predation on the genus Euphydryas,

although it is not clear whether these

mortality factors pose a significant

threat to the species. Predation by

Argentine ants (Iridomyrmex humilis)

has been observed in colonies of the

butterfly in the laboratory (G. Pratt, pers.

comm., 2001), and predation by

imported Brazilian fire ants (Solenopsis

invicta) is likely if it were to co-occur

with Quino checkerspot butterflies

(Porter and Savignano 1990). Brazilian

fire ants were discovered in 1998 in the

vicinity of historic Orange County

butterfly habitat, and have subsequently

been found in San Diego, Riverside and

Los Angeles Counties (California

Department of Food and Agriculture

2000).

Other threats to the species identified

in the final listing rule (62 FR 2313)

includes illegal trash dumping, which is

a problem for some populations (G. Pratt

pers. comm., 2000), and over-collection

by butterfly collectors, although the

magnitude of this activity is unknown.

Previous Federal Action

On September 30, 1988, we received

a petition dated September 26, 1988,

from Dr. Dennis Murphy of the Stanford

University Center for Conservation

Biology, to list the Quino checkerspot

butterfly as endangered under the Act.

At the time the petition was submitted,

this taxon had not been seen for several

years. The status of the Quino

checkerspot butterfly had been under

review since 1984 (49 FR 21664) and

was classified as a Category 1 candidate

species on November 21, 1991 (56 FR

58804), meaning that information on file

was sufficient to support a proposal to

list this subspecies as endangered or

threatened.

On August 4, 1994, a proposed rule

and petition finding was published in

the Federal Register (59 FR 39868) to

list the Quino checkerspot butterfly as

endangered. The notice included the 90-

day petition finding that the petition

presented substantial information that

listing the Quino checkerspot butterfly

may be warranted, the 12-month

petition finding that listing the Quino

checkerspot butterfly was warranted,

and the proposed listing rule for the

subspecies. On September 26, 1994, we

published a notice announcing a public

hearing on several proposed species

listings, including the Quino

checkerspot butterfly, and to extend the

comment period (59 FR 49045). We

published a final rule listing the Quino

checkerspot butterfly as endangered on

January 16, 1997 (62 FR 2313). This rule

contained a not prudent finding for

critical habitat.

On June 30, 1999, the Center for

Biological Diversity filed a 60-day

notice of intent to sue us in District

Court challenging the ‘‘not prudent’’

finding for critical habitat as published

in the final listing rule for the Quino

checkerspot butterfly. The plaintiff

contended that we did not properly

consider the benefits in designating

critical habitat or adequately document

known perceived threats that would

result from a critical habitat designation.

On February 16, 2000, we agreed to a

stipulated settlement agreement that

required us to re-evaluate the existing

‘‘not prudent’’ finding. If we found that

critical habitat is prudent, then a

proposal to designate critical habitat

was to be submitted for publication in

the Federal Register by February 1,

2001, and a final designation by October

1, 2001. If we found that critical habitat

is not prudent, then a final

determination was to be submitted for

publication in the Federal Register by

June 1, 2001. Publication of this

proposed rule is consistent with the

settlement agreement.

Critical Habitat

Critical habitat is defined in section 3

of the Act as—(i) the specific areas

within the geographic area occupied by

a species, at the time it is listed in

accordance with the Act, on which are

found those physical or biological

features (I) essential to the conservation

of the species and (II) that may require

special management considerations or

protection; and (ii) specific areas

outside the geographic area occupied by

a species at the time it is listed, upon

a determination that such areas are

essential for the conservation of the

species. ‘‘Conservation’’ means the use

of all methods and procedures that are

Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules 9479

necessary to bring an endangered or

threatened species to the point at which

listing under the Act is no longer

necessary.

Critical habitat receives protection

under section 7 of the Act through

prohibition against destruction or

adverse modification of critical habitat

with regard to actions carried out,

funded, or authorized by a Federal

agency. Section 7 also requires

conferences on Federal actions that are

likely to result in the destruction or

adverse modification of proposed

critical habitat. In our regulations at 50

CFR 402.02, we define destruction or

adverse modification as ‘‘* * * the

direct or indirect alteration that

appreciably diminishes the value of

critical habitat for both the survival and

recovery of a listed species. Such

alterations include, but are not limited

to, alterations adversely modifying any

of those physical or biological features

that were the basis for determining the

habitat to be critical.’’ Aside from the

added protection that may be provided

under section 7, the Act does not

provide other forms of protection to

lands designated as critical habitat.

Because consultation under section 7 of

the Act does not apply to activities on

private or other non-Federal lands that

do not involve a Federal nexus, critical

habitat designation would not afford

any additional protections under the

Act against such activities.

To be included in a critical habitat

designation, the habitat must first be

‘‘essential to the conservation of the

species.’’ Critical habitat designations

identify, to the extent known using the

best scientific and commercial data

available, habitat areas that provide

essential life cycle needs of the species

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

primary constituent elements, as

defined at 50 CFR 424.12(b)).

Section 4 requires that we designate

critical habitat at the time of listing and

based on what we know at the time of

the designation. When we designate

critical habitat at the time of listing or

under short court-ordered deadlines, we

will often not have sufficient

information to identify all areas of

critical habitat. We are required,

nevertheless, to make a decision and

thus must base our designations on

what, at the time of designation, we

know to be critical habitat.

Within the geographic area occupied

by the species, we will designate only

areas currently known to be essential.

Essential areas should already have the

features and habitat characteristics that

are necessary to sustain the species. We

will not speculate about what areas

might be found to be essential if better

information became available, or what

areas may become essential over time. If

the information available at the time of

designation does not show that an area

provides essential life cycle needs of the

species, then the area should not be

included in the critical habitat

designation. Within the geographic area

occupied by the species, we will not

designate areas that do not now have the

primary constituent elements, as

defined at 50 CFR 424.12(b), that

provide essential life cycle needs of the

species.

Our regulations state that, ‘‘The

Secretary shall designate as critical

habitat areas outside the geographic area

presently occupied by the species only

when a designation limited to its

present range would be inadequate to

ensure the conservation of the species.’’

(50 CFR 424.12(e)). Accordingly, when

the best available scientific and

commercial data do not demonstrate

that the conservation needs of the

species require designation of critical

habitat outside of occupied areas, we

will not designate critical habitat in

areas outside the geographic area

occupied by the species.

Our Policy on Information Standards

Under the Endangered Species Act,

published in the Federal Register on

July 1, 1994 (59 FR 34271), provides

criteria, establishes procedures, and

provides guidance to ensure that

decisions made by the Service represent

the best scientific and commercial data

available. It requires Service biologists,

to the extent consistent with the Act,

and with the use of the best scientific

and commercial data available, to use

primary and original sources of

information as the basis for

recommendations to designate critical

habitat. When determining which areas

are critical habitat, a primary source of

information should be the listing

package for the species. Additional

information may be obtained from a

recovery plan, articles in peer-reviewed

journals, conservation plans developed

by States and counties, scientific status

surveys and studies, biological

assessments, 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 may

eventually be determined to be

necessary for the recovery of the

species. For these reasons, all should

understand that critical habitat

designations do not signal that habitat

outside the designation is unimportant

or may not be required for recovery.

Areas outside the critical habitat

designation will continue to be subject

to conservation actions that may be

implemented under section 7(a)(1) and

to the regulatory protections afforded by

the section 7(a)(2) jeopardy standard

and the section 9 take prohibition, as

determined on the basis of the best

available information at the time of the

action. We specifically anticipate that

federally funded or assisted projects

affecting listed species outside their

designated critical habitat areas may

still result in jeopardy findings in some

cases. Similarly, critical habitat

designations made on the basis of the

best available information at the time of

designation will not control the

direction and substance of future

recovery plans, habitat conservation

plans, or other species conservation

planning efforts if new information

available to these planning efforts calls

for a different outcome.

Prudency Redetermination

Section 4(a)(3) of the Act, as

amended, and implementing regulations

(50 CFR 424.12) require that, to the

maximum extent prudent and

determinable, we designate critical

habitat at the time the species is

determined to be endangered or

threatened. At the time of the final

listing determination (62 FR 2313), we

found that designation of critical habitat

was not prudent for the Quino

checkerspot butterfly. Our regulations

(50 CFR 424.12(a)(1)) state that

designation of critical habitat is not

prudent when one or both of the

following situations exist—(1) The

species is threatened by taking or other

human activity, and identification of

critical habitat can be expected to

increase the degree of such threat to the

species, or (2) such designation of

critical habitat would not be beneficial

to the species.

In our final listing rule, we believed

that publication of precise maps and

descriptions of critical habitat for the

Quino checkerspot butterfly could result

in increased collection of specimens by

collectors and hobbyists. Additionally,

the commercial trade in rare butterflies

could increase demand for this taxa

following listing as endangered under

the Act. Consequently, critical habitat

maps could lead unscrupulous

collectors to endangered populations.

We further believed that the publication

of maps showing critical habitat units

would result in additional habitat

destruction through trampling, discing,

grading, and intentional acts of habitat

vandalism.

We also described the threat posed by

vandalism towards the Quino

9480 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules

checkerspot butterfly and its habitat in

the final listing rule. We cited several

cases under investigation by our Law

Enforcement Division prior to listing,

and documented other instances of

unauthorized Quino checkerspot

butterfly habitat destruction since. We

determined that the designation of

critical habitat would increase the

instances of habitat destruction and

exacerbate threats to the Quino

checkerspot butterfly.

We acknowledged that critical habitat

designation, in some situations, may

provide some benefit to the species, for

example, by identifying areas important

for conservation and calling attention to

those areas in need of special

protection. But, we concluded that the

vandalism threat posed by designating

critical habitat would outweigh the

benefit provided by such a designation.

However, following publication of the

final listing rule, we made available

three successive survey guidelines and

protocols for determining presence of

Quino checkerspot butterflies, providing

guidance that minimizes take of the

subspecies. Within each protocol, we

described requisite Quino checkerspot

butterfly habitat and known locations

throughout the historic range of the

butterfly. In the latter two protocols, we

published maps indicating the location

of potential suitable Quino checkerspot

butterfly habitat, and the general

locations of recent butterfly

observations. These maps were

subsequently published in local

newspapers. Additionally, in the spirit

of partnership with local jurisdictions,

planning for conservation and

management of the Quino checkerspot

butterfly, and in compliance with

several Freedom of Information Act

requests, we distributed maps and

electronic files of historic and recent

Quino checkerspot butterfly locations.

Furthermore, in the recently published

Draft Quino Checkerspot Butterfly

Recovery Plan (Service 2001), we

included maps showing locations of

both historic and recent butterfly

observations. The release of these data

resulted in the widespread distribution

of Quino checkerspot butterfly

occurrence locations to the public.

Since the release of these data, we

have not documented an increase in the

threats to the subspecies through

vandalism, collection, habitat

destruction, or other means. In contrast,

we have witnessed an increase in public

interest in the subspecies and its

conservation through survey efforts by

species experts, scientific research,

regional and local planning, and

educational outreach. Based on the lack

of an increase in vandalism threats, we

have reconsidered our evaluation of our

original prudency determination. We

have determined that the threats to the

Quino checkerspot butterfly and its

habitat from the specific instances of

habitat destruction we identified in the

final listing rule do not outweigh the

broader educational, regulatory, and

other possible benefits that a

designation of critical habitat would

provide for this subspecies. The

instances of likely vandalism, though

real, were relatively isolated.

Consequently, we conclude that

designating critical habitat will not

increase incidences of habitat vandalism

above current levels for this subspecies.

In the absence of finding that critical

habitat would increase threats to a

species, if there are any benefits to

critical habitat designation, then a

prudent finding is warranted. The

potential benefits include: (1) Triggering

section 7 consultation in new areas

where it would not otherwise occur

because, for example, it is or has

become unoccupied or the occupancy is

in question; (2) focusing conservation

activities on the most essential areas; (3)

providing educational benefits to State

or county governments or private

entities; and, (4) preventing people from

causing inadvertent harm to the species.

Therefore, we conclude that the

benefits of designating critical habitat

on lands essential for the conservation

of the Quino checkerspot butterfly

outweigh the risks of increased

vandalism resulting from such

designation. We proposed that critical

habitat is prudent for the Quino

checkerspot butterfly.

Methods

In determining areas that are essential

to conserve the Quino checkerspot

butterfly, we used the best scientific and

commercial data available. We reviewed

available information that pertains to

the habitat requirements of this

subspecies, including data from

research and survey observations

published in peer-reviewed articles;

information from private and

institutional collections; regional GIS

coverages; data collected from biological

reports submitted by holders of section

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

recommendations from the Quino

checkerspot butterfly recovery team

during the development of the draft

recovery plan for the butterfly.

Primary Constituent Elements

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

of the Act and regulations at 50 CFR

424.12, in determining which areas to

propose as critical habitat, we are

required to base critical habitat

determinations on the best scientific

and commercial data available, and to

consider those physical and biological

features (primary constituent elements)

that are essential to the conservation of

the species, and that may require special

management considerations and

protection. These include, but are not

limited to: space for individual and

population growth, and for normal

behavior; food, water, air, light,

minerals, or other nutritional or

physiological requirements; cover or

shelter; sites for breeding, reproduction,

rearing (or development) of offspring;

and habitats that are protected from

disturbance or are representative of the

historic geographical and ecological

distributions of a species. All areas

proposed as critical habitat for the

Quino checkerspot butterfly contain one

or more of these physical or biological

features.

The areas designated as critical

habitat are designed to provide

sufficient habitat to maintain selfsustaining populations of Quino

checkerspot butterflies throughout its

range, and provide those habitat

components essential for the

conservation of the subspecies. Habitat

components that are essential for the

Quino checkerspot butterfly include the

biological needs of larval diapause,

feeding, and pupation, and adult

oviposition, nectaring, roosting and

basking, dispersal, genetic exchange,

and shelter. The critical habitat units are

configured to provide for dispersal and

migration corridors, as well as allowing

room for population expansion, which

is essential for the conservation of the

species.

Primary constituent elements occur in

undeveloped areas that support various

types of open woody canopy plant

communities. They include, but are not

limited to, plant communities in their

natural state, or those that have been

recently disturbed (e.g., by fire or

grubbing) that provide populations of

host plant and nectar sources for the

Quino checkerspot butterfly. Habitat

patch suitability is determined

primarily by larval host plant density,

topographic diversity, nectar resource

availability, and climatic conditions

(Singer 1972; Murphy 1982; Weiss et al.

1988; Murphy et al. 1990; and Osborne

and Redak 2000).

The primary and secondary host

plants that have been documented for

the butterfly include Plantago erecta

(dwarf plantain), Plantago patagonica

(wooly plantain), Castilleja exserta

(owl’s clover), and Cordylanthus rigidus

(bird’s beak), with dwarf plantain being

the most common. Dwarf plantain is an

annual herb found in coastal sage scrub,

Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules 9481

open chaparral, grassland and similar

plant communities. It is often associated

with cryptogamic crusts, and finetextured clay soils derived from gabbro

and basalt.

Some local populations or

metapopulations of the Quino

checkerspot butterfly may be dependent

on secondary hosts for persistence.

Typically, prediapause secondary hosts

are important when the primary hosts

undergo senescence (growth phase in

plant from maturity to death) before

larvae can respond by entering diapause

(Singer 1972; Ehrlich et al. 1975).

Adult Quino checkerspot butterflies

use a variety of plants for adult nectar

feeding. Euphydryas editha prefers

flowers with a platform-like surface on

which they can remain upright while

feeding (D. Murphy, G. Pratt, and M.

Singer, pers. comm., 2000). The

butterflies frequently take nectar from

Lomatium spp., Muilla spp., Achillea

millefolium (yarrow), Amsinckia spp.

(fiddleneck), Lasthenia spp. (goldfields),

Plagiobothrys spp. (popcornflower),

Cryptantha spp., Gilia spp., Eriogonum

fasiculatum (California buckwheat),

Allium spp. (onion), and Eriodictyon

spp. (yerba santa) (D. Murphy and G.

Pratt, pers. comm., 2000).

Criteria Used To Identify Critical

Habitat Units

The draft recovery plan (Service 2001)

for the Quino checkerspot butterfly

identified the specific recovery needs of

the subspecies, and serves as a starting

point for identifying areas essential to

its conservation. The draft recovery

strategy focuses on lands described as

essential for the long-term conservation

of the Quino checkerspot butterfly

because they: (1) Contain occupied

habitat complexes (source populations)

that must be stabilized to recover the

subspecies; (2) contain habitats that

were part of a historical population

distribution adjacent to occupied areas

and are most likely to contain the

suitable habitat needed for (expansion

and) stability of small, low-density

habitat complexes; and (3) provide the

landscape connectivity between habitat

complexes that may belong to a single

metapopulation, or at least are required

to maintain natural long-term stability

and genetic exchange among smaller

populations or metapopulations. To

recover the Quino checkerspot butterfly

to the point where it can be downlisted,

it is essential to preserve the subspecies’

genetic diversity as well as the habitat

in which it persists.

Areas supporting core populations or

that have the potential to support larger

populations are essential because they

represent the foundation for continued

persistence of the species. Furthermore,

some habitat areas that would not be

considered essential if geographically

isolated are, in fact, essential when

situated in locations where they

facilitate continued connectivity

between surrounding populations or

play a significant role in maintaining

metapopulation viability (e.g., by

providing additional areas of occupancy

that provide resilience to periodic

extirpations of adjacent habitat patches).

Populations on the periphery of the

species range, or in atypical

environments, are important for

maintaining the genetic diversity of the

species which could be essential to

evolutionary adaptation to changing

climatic and environmental conditions.

To identify and map areas essential to

the conservation of the subspecies, we

used the characteristics of essential

habitat described above, data on known

Quino checkerspot butterfly locations,

criteria in the draft recovery plan for

reclassification of the subspecies, aerial

photography at a scale of 1:24,000

(comparable to the scale of a 7.5 minute

U.S. Geological Survey Quadrangle

topographic map), current aerial

photography prints, boundaries of

approved habitat conservation plans

(HCPs), and projects authorized for take

through section 7 consultations. For the

purpose of this proposed determination,

critical habitat units have been

described using Universal Transverse

Mercator (UTM) North American Datum

of 1927 (NAD 27) coordinates derived

from a 100-m grid that approximated the

boundaries delineated from the digital

aerial photography with the exception

of Unit 3 (Otay Unit). The Otay unit was

described using a combination of UTM

coordinates and by referencing

boundaries for the Multiple Habitat

Preservation Area, the Major

Amendment Area, and the City of Chula

Vista Preserve Design of the San Diego

County Multiple Species Conservation

Program, State and Federal lands, and

State Route 94.

To identify critical habitat units, we

first examined those lands under

Federal jurisdiction. Those lands

include areas managed by the Bureau of

Land Management (BLM), U.S. Forest

Service (Forest Service), Department of

Defense (DOD) lands, and the Service.

We also considered the existing status of

non-Federal and private lands in

designating areas as critical habitat.

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

us to issue permits for the take of listed

species incidental to otherwise lawful

activities. An incidental take permit

application must be supported by an

HCP that identifies conservation

measures that the permittee agrees to

implement for the species to minimize

and mitigate the impacts of the

requested incidental take. Non-Federal

public lands and private lands that are

covered by an existing operative HCP

and executed implementation

agreement (IA) for Quino checkerspot

butterfly under section 10(a)(1)(B) of the

Act are not designated as critical habitat

because the benefits of exclusion

outweigh the benefits of inclusion as

discussed in section 4(b)(2) of the Act.

We are also including a portion of the

Cahuilla Band of Mission Indian

Reservation because it contains areas of

high-quality habitat within a unit that is

essential to the conservation of the

Quino checkerspot butterfly. We

initiated coordination with this Tribe on

this designation under the guidance of

the President’s memorandum of April

29, 1994, ‘‘Government-to-Government

Relations with Native American Tribal

Governments’’ (59 FR 22951), Executive

Order 13175, and 512 DM 2, which

requires us to coordinate with federally

recognized Tribes on a Government-toGovernment basis.

In defining critical habitat boundaries,

we made an effort to exclude all

developed areas, such as towns, housing

developments, and other lands unlikely

to contain primary constituent elements

essential for Quino checkerspot

butterfly conservation. Our 100-m UTM

grid minimum mapping unit was

designed to minimize the amount of

development along the urban edge

included in our designation. However,

this minimum mapping unit does not

exclude all developed areas, such as

buildings, aqueducts, railroads, airports,

and other lands unlikely to contain the

primary constituent elements. Federal

actions limited to these areas would not

trigger a section 7 consultation, unless

they affect the species and/or the

primary constituent elements in

adjacent critical habitat.

Critical Habitat Proposal

The approximate area encompassing

the proposed designation of critical

habitat by county and land ownership is

shown in Table 1.

9482 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules

TABLE 1.—APPROXIMATE PROPOSED CRITICAL HABITAT IN HECTARES (HA) (ACRES (AC)) BY COUNTY AND LAND OWNERSHIP (AREA ESTIMATES REFLECT CRITICAL HABITAT UNIT BOUNDARIES, NOT THE PRIMARY CONSTITUENT ELEMENTS

WITHIN.1)

County Federal 2 Tribal Local/State Private Total

Riverside ............................................................... 9,292 ha 4,407 ha 2,877 ha 62,111 ha 78,687 ha

(22,960 ac) (10,890 ac) (7,110 ac) (153,480 ac) (194,440 ac)

San Diego ............................................................. 15,188 ha 0 ha 3,784 ha 24,155 ha 43,127 ha

(37,530 ac) (0 ac) (9,350 ac) (59,690 ac) (106,570 ac)

Total ............................................................... 24,480 ha 4,407 ha 6,661 ha 86,266 ha 121,814 ha

(60,490 ac) (10,890 ac) (16,460 ac) (213,170 ac) (301,010 ac)

1Approximate hectares have been converted to acres (1 ha = 2.47 ac). Based on the level of imprecision of mapping at this scale, approximate hectares have been rounded to the nearest 5, and acres to the nearest 10, if greater than or equal to 100 (≥ 100); both hectares and acres

are rounded to the nearest 5 if less than 100 ( < 100). 2Federal lands include BLM, Department of Defense, National Forest, and Service lands.

Critical habitat includes Quino

checkerspot butterfly habitat throughout

the subspecies’ current range in the

United States (i.e., Riverside and San

Diego Counties, California). Lands

proposed are under private, local, State,

Federal, and Tribal ownership, with

Federal lands including lands owned or

managed by BLM, Forest Service, DOD,

and Service lands. Lands proposed as

critical habitat have been divided into

four critical habitat units.

We are proposing to designate critical

habitat on lands that are considered

essential to the conservation of the

Quino checkerspot butterfly. Using the

draft recovery plan for guidance

(Service 2001), we determined an area

was essential if it had one or more of the

following characteristics: (1) Lands

considered to be occupied within

recovery unit boundaries and within a

4.8 km (3 mile) dispersal distance of

confirmed recent (since 1985) Quino

checkerspot butterfly locations that are

part of identified habitat complexes; (2)

lands not known to be occupied but

provide landscape connectivity between

adjacent occupied habitat complexes;

and (3) lands not known to be occupied

that contain confirmed historic Quino

checkerspot locations and are part of

identified habitat complexes, and are

contiguous with occupied lands. The

areas designated as critical habitat are

designed to provide sufficient habitat to

maintain self-sustaining populations of

Quino checkerspot butterflies

throughout its range, and provide those

habitat components essential for the

conservation of the subspecies. The

critical habitat units are configured to

provide for dispersal and migration

corridors, as well as allowing room for

population expansion, which, as stated

in the draft recovery plan (Service

2001), is essential for the conservation

of the species.

A brief description of each unit, and

reasons for proposing to designate it as

critical habitat are presented below.

Unit 1: Lake Mathews Unit

Unit 1 encompasses approximately

12,982 ha (32,080 ac) within the

northwestern portion of Riverside

County. Approximately 550 ha (1,360

ac) of this unit occurs on BLM land, and

the rest 12,432 ha (30,720 ac) occurs on

State/local lands or private lands.

Lands considered to be occupied

encompass 4,905 ha (12,120 ac) in the

Gavilan Hills southeast of Lake

Mathews, and 8,077 ha (19,960 ac)

adjacent to and south of the lake that are

not known to be occupied but

determined to be essential in the draft

recovery plan. The unit supports one

habitat complex identified by the draft

Quino Checkerspot Butterfly Recovery

Plan. The Gavilan Hills habitat complex

occurs within the Northwest Riverside

Recovery Unit described in the draft

recovery plan. Quino checkerspot

butterflies were observed in Harford

Springs County Park in 1998, a site that

was once part of a more extensive, well

documented distribution. Quino

checkerspot butterflies were last

observed at the southern margin of Lake

Mathews in 1986. The Quino

checkerspot butterfly was historically

abundant in this area, with consistently

high densities reported by collectors

from the 1950s to the mid 1980s (Orsak

1978; K. Osborne and G. Pratt, pers.

comm. 2000). This unit, therefore,

includes the vicinity of Harford Springs

County Park.

The unit also includes habitat areas

south of Lake Mathews not currently

known to be occupied that are part of

the Gavilan Hills habitat complex, but is

considered essential to the species

because it is a documented historical

population location, and contains large,

dense, contiguous stands of dwarf

plantain and is needed for the recovery

of the species (K. Osborne pers. comm.

2000). This area should have the

population restored, if in fact, it does

not exist there, in order to support a

larger and stable population distribution

within the habitat complex.

The Lake Mathews/Gavilan Hills area

is characterized by diverse topography

and high-quality habitat patches with

extensive stands of dense dwarf

plantain spp. in open spaces within

juniper woodland, coastal sage scrub,

and grassland. Landscape connectivity

is broken primarily by Cajalco Road.

Landscape connectivity still exists

between Harford Springs County Park

and Lake Mathews, and apparently

suitable habitat containing dense stands

of dwarf plantain exists south of Lake

Mathews in the vicinity of Black Rocks,

west of Monument Peak (K. Osborne

pers. comm., 2000). Stands of dwarf

plantain also occur in the vicinities of

Estelle Mountain, Railroad Canyon

Reservoir, and the town of Sun City (G.

Pratt, pers. comm., 2000).

Unit 2: Southwest Riverside Unit

Unit 2 encompasses approximately

70,237 ha (173,560 ac) within

southwestern Riverside County and

Northwestern San Diego County. Lands

considered to be occupied encompass

65,907 ha (162,860 ac) stretching east

from the cities of Temecula and

Murrieta to almost the desert’s edge,

north to near the town of Hemet, and

south into Oak Grove Valley in San

Diego County. Lands not known to be

occupied but determined to be essential

in the draft recovery plan encompass

4,330 ha (10,700 ac) south of Brown

Canyon and northeast of Oak Grove

Valley. The unit supports seven habitat

complexes identified as essential in the

draft recovery plan. The Warm Springs

Creek and Skinner/Johnson habitat

complexes occur within the Southwest

Riverside Recovery Unit described by

the draft recovery plan. Recent Quino

checkerspot observations are distributed

in the vicinity of Warm Springs Creek

Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules 9483

north of Murrieta Hot Springs Road to

at least Scott Road, although much of

the habitat at the southern end of the

Hogbacks, where butterflies were

recently observed, was disturbed in

1998. Recent observations are also

distributed throughout the Southwest

Riverside County Multiple Species

Reserve, and are concentrated around

Lake Skinner, and south of Benton and

Borel Roads (Johnson Ranch).

Landscape connectivity between the

Warm Springs Creek and Skinner/

Johnson habitat complexes has been

severed by State Route 79 and

associated development. Landscape

connectivity between Warm Springs

Creek and Skinner/Johnson habitat

complexes is constrained by State Route

79 and associated development.

The Oak Mountain/Vail Lake, Sage

Road/Billy Goat Mountain, and Brown

Canyon habitat complexes occur within

the South Riverside Recovery Unit

described by the draft recovery plan.

Recent Quino checkerspot butterfly

observations are concentrated in the

vicinities of Oak Mountain, Vail Lake,

Pauba Valley, and in the vicinity of Sage

Road from Magee Hills and the town of

Sage south and east to Wilson Valley

and Billy Goat Mountain. One possibly

isolated population occurs just

southeast of Hemet in Brown Canyon.

Landscape connectivity in the habitat

complex areas is generally good, and

habitat is largely unfragmented.

Landscape connectivity most likely

exists between the Oak Mountain/Vail

Lake and Sage Road/Billy Goat

Mountain habitat complexes. Lands not

known to be occupied between the

Brown Canyon and Sage Road/Billygoat

Mountain habitat complexes are

considered essential because they

provide landscape connectivity between

them that allows for a sufficient rate of

genetic exchange and recolonization

events, and therefore, the long-term

stability of both.

The Silverado and Dameron Valley/

Oak Grove habitat complexes occur

within the South Riverside/North San

Diego Recovery unit described by the

draft recovery plan. Recent Quino

checkerspot butterfly observations are

distributed across BLM lands and the

Silverado Ranch Mitigation Bank south

of the Cahuilla Indian Reservation.

Increased survey efforts in 2000

expanded the Silverado habitat complex

distribution, though much of the area

remains to be surveyed. Two recent

butterfly observation sites are found

distant from the Silverado mitigation

bank, one in northern Dameron Valley

south of State Route 79, and one just

south of that in Oak Grove Valley. Lands

not known to be occupied between the

Silverado and Dameron Valley/Oak

Grove habitat complexes are considered

essential because they provide

landscape connectivity between them

that allows for a sufficient rate of

genetic exchange and recolonization

events, and therefore, the long-term

stability of both.

Habitat patches appear to be well

connected in the Silverado Ranch area,

and are largely unfragmented. The

known distribution of this

metapopulation is relatively well

protected since the habitat areas are

primarily owned by the BLM and

Silverado Ranch Mitigation Bank (Pratt

2000). A management plan is being

developed for this mitigation bank, but

it is not complete. Oak Grove Valley is

highly invaded by non-native grasses at

lower elevations, but much habitat

appears to remain on the hills. Habitat

in areas surrounding Oak Grove Valley

remain relatively undeveloped,

including Chihuahua Valley to the east.

This unit includes 4,407 ha (10,890

ac) of Tribal lands of the Cahuilla Band

of Mission Indians, just north of the

Silverado Ranch mitigation bank, and

approximately 19,433 ha (48,020 ac) of

Forest Service and BLM lands.

Unit 3: Otay Unit

Unit 3 encompasses approximately

29,328 ha (72,470 ac) within the

southern portion of San Diego County.

Approximately 10,582 ha (26,150 ac)

occur on Federal land, including 182 ha

(450 ac) on lands owned by the DOD,

which consists of the Naval Space

Surveillance Station.

Lands considered to be occupied

encompass 26,973 ha (66,660 ac)

stretching south from the San Diego

National Wildlife Refuge (SDNWR)

complex and State Route 94 to the

international border with Mexico, west

along Otay River Valley and the

northern rim of Otay Mesa, and east to

the town of Tecate. Lands not known to

be occupied but determined to be

essential in the draft recovery plan

encompass 2,351 ha (5,810 ac) south of

Sweetwater Reservoir, and adjacent to

State Route 94 east of San Miguel

Mountain, Proctor Valley, and Otay

Lake. It supports six habitat complexes

identified as essential by the draft

recovery plan. The SDNWR, Otay Lake,

Otay Mesa, and Otay Mountain

Foothills habitat complexes occur west

of Otay Mountain within the Southwest

San Diego Recovery Unit described by

the draft recovery plan. Recent Quino

checkerspot butterfly observations in

the area are concentrated north and

southeast of Otay Lake, with a smaller

cluster concentrated along the

southwestern slope of Otay Mountain.

Other recent butterfly observations are

located on the SDNWR, northeast of

Sweetwater Reservoir, and along the

mesa rim above the Otay River and at

the Salt Creek confluence. The Otay

Lakes area historically supported a large

population that extended south to Otay

Mesa and across the international

border (Murphy and White 1984). The

historic population distribution

extended across the entire mesa, and

there are current Quino checkerspot

butterfly habitat restoration activities

being undertaken adjacent to a recent

butterfly observation on the mesa rim

just west of Johnson Canyon (Service

1999). The draft recovery plan calls for

this habitat restoration and reestablishment of this population of

Quino checkerspot butterfly (Service

2001). Restoration of vernal pool habitat

that includes essential elements of

Quino checkerspot butterfly habitat is

also ongoing at the site of a collection

record on the mesa top adjacent to

Dennery and Spring canyons (Service

1997). The Otay Mesa habitat complex

distribution includes Otay Valley from

the Salt Creek confluence to Dennary

Canyon, and the adjacent undeveloped

mesa tops, canyons and ridges south of

Otay Valley (in the vicinity of Brown

Field). Lands not known to be occupied

between the SDNWR and Otay Lakes are

considered essential because they

provide landscape connectivity between

them that allows for a low rate of

genetic exchange and recolonization

events, and therefore, the long-term

stability of both.

Landscape connectivity along the

western margin of Otay Lake is

constrained by the Olympic Training

Center and other development, although

some habitat remains along the Salt

Creek drainage. Landscape connectivity

on the eastern margin of Otay Lake is

constrained by stands of woodland

vegetation dominated by non-native

species. Historic records indicate that

habitat (now in the SDNWR) near

Sweetwater River was, and still is,

connected to Proctor Valley, San Miguel

Mountain, and thus to currently

occupied habitat around Otay Lake.

Landscape connectivity on the mesas

northeast of Brown Field and southwest

of lower Otay Lake is reduced, although

no significant dispersal barriers exist.

The Marron Valley and Tecate habitat

complexes occur east of Otay Mountain

within the Southwest San Diego

recovery unit described by the draft

recovery plan. Recent Quino

checkerspot butterfly observations are

concentrated on the eastern slope of

Otay Mountain and ridgelines along the

international border in the vicinity of

Marron Valley. Occupancy likely

9484 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules

extends south across the international

border, and it is possible that the

majority of the habitat complex is in

Baja California, Mexico. Another recent

record is located east of Marron Valley

near the town of Tecate. Lands not

known to be occupied between the Otay

Lakes and Marron Valley habitat

complexes are considered essential

because they provide landscape

connectivity between them that allows

for a low rate of genetic exchange and

recolonization events, and therefore, the

long-term stability of both. Habitat

patches within this complex remain

relatively well connected. In addition,

some degree of landscape connectivity

may exist north and south of Otay

Mountain between the Otay Mesa and

Marron Valley habitat complexes. Most

occupied habitat in this area occurs on

publicly owned land.

Unit 4: Jacumba Unit

Unit 4 encompasses approximately

9,267 ha (22,900 ac) in southeastern San

Diego County. Approximately 2,966 ha

(7,330 ac) occurs on BLM land.

Lands considered to be occupied

encompass 5,610 ha (13,860 ac) north

and south of Interstate 8 in the vicinity

of the town of Jacumba. Lands not

known to be occupied but determined to

be essential in the draft recovery plan

encompass 3,658 ha (9,040 ac) north

and south of Interstate 8 in the vicinity

of Table Mountain.

The unit supports one habitat

complex identified as essential by the

draft recovery plan. The Jacumba habitat

complex occurs within the Southeast

San Diego Recovery Unit described by

the draft recovery plan. Recent Quino

checkerspot butterfly observations are

concentrated northwest of the

community of Jacumba on State Park

and private lands. Occupancy likely

extends south across the international

border, and it is possible that the

majority of the habitat complex is in

Baja California, Mexico. Occupancy has

been documented approximately 6 km

(4 mi) to the south in El Condor (Baja

California, Mexico), and the U.S. habitat

complex may belong to the same

population distribution. A historic

butterfly record occurs north of

Interstate 8 in the Table Mountain area.

The Table Mountain site and apparently

suitable surrounding habitat areas (G.

Pratt, pers. comm., 2000) are within the

BLM Jacumba National Cooperative

Land and Wildlife Management Area.

Current habitat and landscape

connectivity in the Jacumba area are

relatively intact. No habitat

fragmentation or severing of landscape

connectivity has occurred or is likely to

occur in the Table Mountain area.

Landscape connectivity between Table

Mountain and Jacumba Peak is

constrained by Interstate 8.

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 do not destroy or

adversely modify critical habitat to the

extent that the action appreciably

diminishes the value of the critical

habitat for the survival and recovery of

the species. Individuals, organizations,

states, local governments, and other

non-Federal entities are affected by the

designation of critical habitat only if

their actions occur on Federal lands,

require a Federal permit, license, or

other authorization, or involve Federal

funding.

Section 7(a) of the Act requires

Federal agencies, including the Service,

to evaluate their actions with respect to

any species that is proposed or listed as

endangered or threatened and with

respect to its critical habitat, if any is

proposed or designated. Regulations

implementing this interagency

cooperation provision of the Act are

codified at 50 CFR part 402. Section

7(a)(4) of the Act requires Federal

agencies to confer with us on any action

that is likely to jeopardize the continued

existence of a proposed species or result

in destruction or adverse modification

of proposed critical habitat. Conference

reports provide conservation

recommendations to assist the agency in

eliminating conflicts that may be caused

by the proposed action. The

conservation recommendations in a

conference report are advisory. If a

species is listed or critical habitat is

designated, section 7(a)(2) requires

Federal agencies to ensure that actions

they authorize, fund, or carry out are not

likely to jeopardize the continued

existence of such a species or to destroy

or adversely modify its critical habitat.

If a Federal action may affect a listed

species or its critical habitat, the

responsible Federal agency (action

agency) must enter into consultation

with us. Through this consultation we

would ensure that the permitted actions

do not destroy or adversely modify

critical habitat.

When we issue a biological opinion

concluding that a project is likely to

result in the destruction or adverse

modification of critical habitat, we also

provide reasonable and prudent

alternatives to the project, if any are

identifiable. Reasonable and prudent

alternatives are defined at 50 CFR

402.02 as alternative actions identified

during consultation that can be

implemented in a manner consistent

with the intended purpose of the action,

that are consistent with the scope of the

Federal agency’s legal authority and

jurisdiction, that are economically and

technologically feasible, and that the

Director believes would avoid

destruction or adverse modification of

critical habitat. Reasonable and prudent

alternatives can vary from slight project

modifications to extensive redesign or

relocation of the project. Costs

associated with implementing a

reasonable and prudent alternative are

similarly variable.

Regulations at 50 CFR 402.16 require

Federal agencies to reinitiate

consultation on previously reviewed

actions in instances where critical

habitat is subsequently designated and

the Federal agency has retained

discretionary involvement or control

over the action or such discretionary

involvement or control is authorized by

law. Consequently, some Federal

agencies may request reinitiation of

consultation or conference with us on

actions for which formal consultation

has been completed, if those actions

may affect designated critical habitat, or

adversely modify or destroy proposed

critical habitat. Conference reports assist

the agency in eliminating conflicts that

may be caused by the proposed action,

and may include recommendations on

actions to eliminate conflicts with or

adverse modifications to proposed

critical habitat. The conservation

recommendations in a conference report

are advisory.

Activities on Federal lands that may

affect the Quino checkerspot butterfly or

its critical habitat will require section 7

consultation. Activities on private or

State lands requiring a permit from a

Federal agency, such as a permit from

the U.S. Army Corps of Engineers

(Corps) under section 404 of the Clean

Water Act, or some other Federal action,

including funding (e.g., from the Federal

Highway Administration, Federal

Aviation Administration, or Federal

Emergency Management Agency) will

also continue to be subject to the section

7 consultation process. Federal actions

not affecting listed species or critical

habitat and actions on non-Federal

lands that are not federally funded or

permitted do not require section 7

consultation.

We may issue a formal conference

report if requested by a Federal agency.

Formal conference reports on proposed

critical habitat contain an opinion that

is prepared according to 50 CFR 402.14,

as if critical habitat were designated. We

may adopt the formal conference report

as the biological opinion when the

Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules 9485

critical habitat is designated, if no

substantial new information or changes

in the action alter the content of the

opinion (see 50 CFR 402.10(d)).

Activities on Federal lands that may

affect the Quino checkerspot butterfly or

its critical habitat will require section 7

consultation. Activities on private or

State lands requiring a permit from a

Federal agency, such as a permit from

the Corps under section 404 of the Clean

Water Act, a section 10(a)(1)(B) permit

from the Service, or some other Federal

action, including funding (e.g., Federal

Highway Administration or Federal

Emergency Management Agency

funding), will also continue to be

subject to the section 7 consultation

process. Federal actions not affecting

listed species or critical habitat and

actions on non-Federal and private

lands that are not federally funded,

authorized, or permitted do not require

section 7 consultation.

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

to briefly evaluate and describe in any

proposed or final regulation that

designates critical habitat those

activities involving a Federal action that

may destroy or adversely modify such

habitat or that may be affected by such

designation. Activities that may destroy

or adversely modify critical habitat

include those that appreciably reduce

the value of critical habitat for both the

survival and recovery of the Quino

checkerspot butterfly. Within critical

habitat, this pertains only to those areas

containing primary constituent

elements. We note that such activities

may also jeopardize the continued

existence of the subspecies.

To properly portray the effects of

critical habitat designation, we must

first compare the section 7 requirements

for actions that may affect critical

habitat with the requirements for

actions that may affect a listed species.

Section 7 prohibits actions funded,

authorized, or carried out by Federal

agencies from jeopardizing the

continued existence of a listed species

or destroying or adversely modifying the

listed species’ critical habitat. Actions

likely to ‘‘jeopardize the continued

existence’’ of a species are those that

would appreciably reduce the

likelihood of the species’ survival and

recovery. Actions likely to ‘‘destroy or

adversely modify’’ critical habitat are

those that would appreciably reduce the

value of critical habitat for the survival

and recovery of the listed species.

Common to both definitions is an

appreciable detrimental effect on both

survival and recovery of a listed species.

Given the similarity of these definitions,

actions likely to destroy or adversely

modify critical habitat would almost

always result in jeopardy to the species

concerned, particularly when the area of

the proposed action is occupied by the

species concerned. Designation of

critical habitat in areas occupied by the

Quino checkerspot butterfly is not likely

to result in a regulatory burden above

that already in place due to the presence

of the listed species. Designation of

critical habitat in areas not occupied by

the subspecies may have some effect if

we do not consult in these areas now,

and we will investigate this possibility

through our economic analysis.

Federal agencies already consult with

us on activities in areas currently

occupied by the species to ensure that

their actions do not jeopardize the

continued existence of the species.

These actions include, but are not

limited to:

(1) Regulation of activities affecting

waters of the United States by the Corps

under section 404 of the Clean Water

Act;

(2) Regulation of grazing, mining, and

recreation by the BLM, Forest Service or

Service;

(3) Road construction and

maintenance, right-of-way designation,

and regulation of agricultural activities;

(4) Regulation of airport improvement

activities by the Federal Aviation

Administration jurisdiction;

(5) Construction of roads and fences

along the International Border with

Mexico, and associated immigration

enforcement activities by the

Immigration and Naturalization Service;

(6) Hazard mitigation and postdisaster repairs funded by the Federal

Emergency Management Agency;

(7) Construction of communication

sites licensed by the Federal

Communications Commission; and

(8) Activities funded by the U. S.

Environmental Protection Agency,

Department of Energy, or any other

Federal agency.

Federal agencies already consult with

us on activities in areas currently

occupied by the species, or if the

species may be affected by the action, to

ensure that their actions do not

jeopardize the continued existence of

the species. Within much of the lands

not known to be occupied by the Quino

checkerspot butterfly, we already

consult on other listed species and

designated critical habitat, including the

California coastal gnatcatcher (Polioptila

californica californica) and its critical

habitat, Stephen’s kangaroo rat

(Dipodomys stephensi) and Munz’

onion (Allium munzii) (Riverside

County only), least Bell’s vireo (Vireo

bellii pusillus), southwestern willow

flycatcher (Empidonax traillii extimus),

and southwestern arroyo toad (Bufo

californicus). Thus, we do not anticipate

additional regulatory burden will result

from critical habitat designation, but we

will examine this in our economic

analysis.

Exclusions Under Section 4(b)(2)

Subsection 4(b)(2) of the Act allows

us to exclude areas from critical habitat

designation where the benefits of

exclusion outweigh the benefits of

designation, provided the exclusion will

not result in the extinction of the

species. For the following reasons, we

believe that in most instances the

benefits of excluding legally operative

HCPs for which the Quino checkerspot

is a covered species and take has been

authorized, from critical habitat

designations will outweigh the benefits

of including them.

(1) Benefits of Inclusion

The benefits of including HCP lands

in critical habitat are normally small.

The principal benefit of any designated

critical habitat is that activities in such

habitat that may affect it require

consultation under section 7 of the Act.

Such consultation would ensure that

adequate protection is provided to avoid

adverse modification of critical habitat.

Where HCPs are in place, our

experience indicates that this benefit is

small or non-existent. Currently

approved and permitted HCPs are

already designed to ensure the longterm survival of covered species within

the plan area. Where we have an

approved HCP, lands that we ordinarily

would define as critical habitat for the

covered species will normally be

protected in reserves and other

conservation lands by the terms of the

HCPs and their implementation

agreements. These HCPs and IAs

include management measures and

protections for conservation lands that

are crafted to protect, restore, and

enhance their value as habitat for

covered species.

In addition, an HCP application must

itself be consulted upon. While this

consultation will not look specifically at

the issue of adverse modification of

critical habitat, it will look at the very

similar concept of jeopardy to the listed

species in the plan area. Because HCPs,

particularly large regional HCPs,

address land use within the plan

boundaries, habitat issues within the

plan boundaries will have been

thoroughly addressed in the HCP and

through the consultation on the HCP.

Our experience is also that, under most

circumstances, consultations under the

jeopardy standard will reach the same

result as consultations under the

adverse modification standard.

9486 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules

Implementing regulations (50 CFR Part

402) define ‘‘jeopardize the continued

existence of’’ and ‘‘destruction or

adverse modification of’’ in virtually

identical terms. ‘‘Jeopardize the

continued existence of’’ means to

engage in an action ‘‘that reasonably

would be expected to reduce

appreciably the likelihood of both the

survival and recovery of a listed

species.’’ Destruction or adverse

modification means an alteration that

appreciably diminishes the value of

critical habitat for both the survival and

recovery of a listed species.’’ Common

to both definitions is an appreciable

detrimental effect on both survival and

recovery of a listed species, in the case

of critical habitat by reducing the value

of the habitat so designated. Thus,

actions satisfying the standard for

adverse modification are nearly always

found to also jeopardize the species

concerned, and the existence of a

critical habitat designation does not

materially affect the outcome of

consultation. Additional measures to

protect the habitat from adverse

modification are not likely to be

required.

Further, HCPs typically provide for

greater conservation benefits to a

covered species than section 7

consultations because HCPs assure the

long term protection and management of

a covered species and its habitat, and

funding for such management through

the standards found in the 5-Point

Policy for HCPs (64 FR 35242) and the

HCP No Surprises regulation (63 FR

8859). Such assurances are typically not

provided by section 7 consultations

which, in contrast to HCPs, often do not

commit the project proponent to long

term special management or protections.

Thus, a consultation typically does not

accord the lands it covers the extensive

benefits an HCP provides.

The development and implementation

of HCPs provide other important

conservation benefits, including the

development of biological information

to guide conservation efforts and assist

in species recovery, and the creation of

innovative solutions to conserve species

while allowing for development. The

educational benefits of critical habitat,

including informing the public of areas

that are important for the long-term

survival and conservation of the species,

are essentially the same as those that

would occur from the public notice and

comment procedures required to

establish an HCP, as well as the public

participation that occurs in the

development of many regional HCPs.

For these reasons, then, we believe that

designation of critical habitat has little

benefit in areas covered by HCPs.

(2) Benefits of Exclusion

The benefits of excluding HCPs from

being designated as critical habitat may

be more significant. It includes relieving

landowners, communities and counties

of any additional minor regulatory

review that might be imposed by critical

habitat. Many HCPs, particularly large

regional HCPs, take many years to

develop and, upon completion, become

regional conservation plans that are

consistent with the recovery of covered

species. Most regional plans benefit

many species, both listed and unlisted.

Imposing an additional regulatory

review after HCP completion may

jeopardize conservation efforts and

partnerships in many areas and could be

viewed as a disincentive to those

developing HCPs. Excluding HCPs

provides us with an opportunity to

streamline regulatory compliance and

confirms regulatory assurances for HCP

participants.

A related benefit of excluding HCPs is

that it would encourage the continued

development of partnerships with HCP

participants, including States, local

governments, conservation

organizations, and private landowners,

that together can implement

conservation actions we would be

unable to accomplish alone. By

excluding areas covered by HCPs from

critical habitat designation, we preserve

these partnerships and, we believe, set

the stage for more effective conservation

actions in the future.

In general, then, we believe the

benefits of critical habitat designation to

be small in areas covered by approved

HCPs. We also believe that the benefits

of excluding HCPs from designation are

significant. Weighing the small benefits

of inclusion against the benefits of

exclusion, including the benefits of

relieving property owners of an

additional layer of approvals and

regulation, together with the

encouragement of conservation

partnerships, would generally result in

HCPs being excluded from critical

habitat designation under section 4(b)(2)

of the Act.

Not all HCPs are alike with regard to

species coverage and design. Within this

general analytical framework, we need

to evaluate completed and legally

operative HCPs in which the Quino

checkerspot butterfly is a covered

species on a case-by-case basis to

determine whether the benefits of

excluding these particular areas

outweigh the benefits of including them.

Relationship To Habitat Conservation

Plans

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

broad discretion to exclude from critical

habitat designation areas where the

benefits of exclusion outweigh the

benefits of designation, provided the

exclusion will not result in the

extinction of the species. We expect that

critical habitat may be used as a tool to

identify those areas essential for the

conservation of the species, and we will

encourage development of HCPs for

such areas on non-Federal lands.

Habitat conservation plans currently

under development are intended to

provide for protection and management

of habitat areas essential for the

conservation of the Quino checkerspot

butterfly, while directing development

and habitat modification to nonessential

areas of lower habitat value.

Only HCPs within the boundaries of

the proposed critical habitat units are

discussed herein. Those approved and

legally operative HCPs that provide

coverage and incidental take approval

for the Quino checkerspot butterfly have

been excluded from this proposed

designation. These include several

habitat conservation planning efforts

that have been completed within the

proposed critical habitat. These include

the Assessment District 161 Subregional

HCP and the Rancho Bella Vista HCP in

Riverside County that provide coverage

and incidental take authorization for the

Quino checkerspot butterfly.

The Riverside County Assessment

District 161 Subregional HCP, which

authorizes the take of the Quino

checkerspot butterfly, has been

completed and approved. This HCP

includes habitat protection, habitat

restoration research, educational

outreach, and captive propagation. The

Rancho Bella Vista HCP also occurs

within the Riverside County Assessment

District 161, but an independent HCP

was approved for this project. Although

it is not currently known to occur

within the project boundaries, the

Quino checkerspot butterfly is known

from adjacent occupied habitat patches

and is covered by the Rancho Bella

Vista HCP. This HCP provides

conservation of the Quino checkerspot

butterfly through monitoring of this

subspecies, habitat and dispersal

corridor preservation and management,

and habitat restoration and

enhancement.

The benefits of excluding lands

covered by these HCPs would be

significant in preserving positive

relationships with our conservation

partners, lessening potential additional

regulatory review and potential

Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules 9487

economic burdens, reinforcing the

regulatory assurances provided for in

the implementation agreements for the

approved HCPs, and providing for more

established and cooperative

partnerships for future conservation

efforts.

In summary, the benefits of including

these approved HCPs in critical habitat

for the Quino checkerspot butterfly

include increased educational benefits

and minor additional management

protections and measures. The benefits

of excluding HCPs from being proposed

as critical habitat for the Quino

checkerspot butterfly include the

additional conservation measures for

this and other listed species,

preservation of partnerships that may

lead to future conservation, and the

avoidance of the minor regulatory and

economic burdens associated with the

designation of critical habitat. The

benefits of excluding these areas from

critical habitat designation outweigh the

benefits of including these areas.

Furthermore, we have determined that

these exclusions will not result in the

extinction of the subspecies. We have

already completed section 7

consultation on the impacts of these

HCPs on the subspecies.

We determined that the approved

HCPs will not jeopardize the continued

existence of the Quino checkerspot

butterfly, which means that they will

not appreciably reduce likelihood of the

survival and recovery of the subspecies.

Additionally, excluding these lands

from the critical habitat designation will

not result in the extinction of the

species. Consequently, these lands have

not been designated as critical habitat

for the subspecies.

The Lake Mathews Multiple Species

Habitat Conservation Plan/Natural

Community Conservation Plan (MSHCP)

has been completed and approved by

the California Department of Fish and

Game (CDFG) and the Service. Although

it is not currently known to occur

within the reserve boundaries, the

Quino checkerspot butterfly is

conditionally covered by the Lake

Mathews Multiple Species Habitat

Conservation Plan/Natural Community

Conservation Plan. Since the Quino

checkerspot butterfly is only

conditionally covered, we are including

this HCP in the proposed critical habitat

designation.

The San Diego Multiple Species

Conservation Program (MSCP)

encompasses approximately 236,000 ha

(582,000 ac) of southwestern San Diego

County, and involves multiple

jurisdictions. Approximately 69,600 ha

(172,000 ac) are targeted to be conserved

within a preserve. We approved the

overall MSCP and the City of San

Diego’s Subarea Plan in July 1997. The

City of Poway’s plan was approved in

1996; the County of San Diego’s in 1998;

San Diego Gas and Electric in 1995; and

the City of La Mesa in 2000. Other

jurisdictions, including the City of

Chula Vista, are expected to complete

their subarea planning processes in the

future. The Quino checkerspot butterfly

is not a covered subspecies for any of

the subarea plans within the MSCP.

However, both the County of San Diego

and San Diego Gas and Electric are

developing amendments to their permits

to gain permit coverage for the Quino

checkerspot butterfly. The Quino

checkerspot butterfly is also a target

subspecies for the North San Diego

County Subarea of the MSCP which

encompasses unincorporated lands east

of the existing Multiple Habitat

Conservation Program, and north of the

MSCP planning areas. Since the Quino

checkerspot butterfly is not yet a

covered species, we are including this

MSCP in the proposed critical habitat

designation.

The Western Riverside Multiple

Species Habitat Conservation Plan was

initiated by the County of Riverside on

October 8, 1998. The planning area

encompasses 530,000 ha (1.3 million ac)

and is proposed to include conservation

measures for over 100 species, including

the Quino checkerspot butterfly.

Currently, 12 cities within the western

portion of Riverside County have

endorsed, and will participate, in the

planning efforts. A draft Multiple

Species Habitat Conservation Plan is

proposed to be released for public

review in late 2001. Since this HCP is

not yet completed, we are including it

in the proposed critical habitat

designation.

Habitat conservation plans currently

under development or being amended

are intended to provide for protection

and management of habitat areas

essential for the conservation of the

Quino checkerspot butterfly, while

directing development and habitat

modification to nonessential areas of

lower habitat value. The HCP

development process provides an

opportunity for more intensive data

collection and analysis regarding the

use of particular habitat areas by the

Quino checkerspot butterfly. The

process also enables us to conduct

detailed evaluations of the importance

of such lands to the long-term survival

of the species in the context of

constructing a biologically configured

system of interlinked habitat blocks. We

fully expect that HCPs undertaken by

local jurisdictions (e.g., counties, cities)

and other parties will identify, protect,

and provide appropriate management

for those specific lands within the

boundaries of the plans that are

essential for the long-term conservation

of the species. We believe and fully

expect that our analyses of proposed

HCPs and proposed projects under

section 7 will show that covered

activities carried out in accordance with

the provisions of the HCPs and

biological opinions will not result in

destruction or adverse modification of

critical habitat.

We will provide technical assistance

and work closely with applicants

throughout the development of future

HCPs to identify lands essential for the

long-term conservation of the Quino

checkerspot butterfly, and appropriate

conservation and management actions.

Several HCP efforts are currently under

way that address listed and nonlisted

species in areas within the range of the

Quino checkerspot butterfly, and in

areas we propose as critical habitat. The

take minimization and mitigation

measures provided under these HCPs

would be expected to protect the

essential habitat lands proposed as

critical habitat in this rule and provide

for the conservation of the covered

species. If an HCP that addresses the

Quino checkerspot butterfly is

ultimately approved, we will reassess

the critical habitat boundaries in light of

the HCP. We will seek to undertake this

review when the HCP is approved, but

funding constraints may influence the

timing of such a review.

Should additional information

become available that changes our

analysis of the benefits of excluding any

of these (or other) areas compared to the

benefits of including them in the critical

habitat designation, we may revise the

proposed designation accordingly.

Similarly, if new information indicates

any of these areas should not be

included in the proposed critical habitat

designation because they no longer meet

the definition of critical habitat, we may

revise the proposal. If, consistent with

available funding and program

priorities, we elect to revise this

designation, we will do so through a

subsequent rulemaking.

If you have questions regarding

whether specific activities will

constitute adverse modification of

critical habitat, contact the Field

Supervisor, Carlsbad Fish and Wildlife

Offices (see ADDRESSES section).

Requests for copies of the regulations on

listed wildlife, and inquiries about

prohibitions and permits may be

addressed to the U.S. Fish and Wildlife

Service, Branch of Endangered Species,

911 N.E. 11th Avenue, Portland, Oregon

9488 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules

97232 (telephone 503/231–2063;

facsimile 503/231–6243).

Economic Analysis

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

to designate critical habitat on the basis

of the best scientific and commercial

data available, and to consider the

economic and other relevant impacts of

designating a particular area as critical

habitat. We may exclude areas from

critical habitat upon a determination

that the benefits of such exclusions

outweigh the benefits of specifying such

areas as critical habitat. We cannot

exclude such areas from critical habitat

when such exclusion will result in the

extinction of the species. We will

conduct an economic analysis for this

proposal prior to a final determination.

When completed, we will announce the

availability of the draft economic

analysis with a notice in the Federal

Register, and we will open a 30-day

comment period on the draft economic

analysis and proposed rule at that time.

Public Comments Solicited

We intend that any final action

resulting from this proposal to be as

accurate and as effective as possible.

Therefore, we solicit comments or

suggestions from the public, other

concerned governmental agencies, the

scientific community, industry, or any

other interested party concerning this

proposed rule. We particularly seek

comments concerning:

(1) The reasons why any habitat

should or should not be determined to

be critical habitat as provided by section

4 of the Act, including whether the

benefits of designation will outweigh

any threats to the species due to

designation;

(2) Specific information on the

amount and distribution of the Quino

checkerspot butterfly habitat, and what

habitat is essential to the conservation

of the subspecies and why;

(3) Land use practices and current or

planned activities in the subject areas

and their possible impacts on proposed

critical habitat;

(4) Any foreseeable economic or other

impacts resulting from the proposed

designation of critical habitat, in

particular, any impacts on small entities

or families; and

(5) Economic and other values

associated with designating critical

habitat for the Quino checkerspot

butterfly, such as those derived from

non-consumptive uses (e.g., hiking,

camping, bird-watching, equestrian

trails, enhanced watershed protection,

improved air quality, increased soil

retention, ‘‘existence values,’’ and

reductions in administrative costs).

(6) Whether our approach to critical

habitat designation could be improved

or modified in any way to provide for

greater public participation and

understanding, or to assist us in

accommodating public concern and

comments.

If you wish to comment, you may

submit your comments and materials

concerning this proposal by any one of

several methods (see ADDRESSES). If

submitting comments by electronic

format, please submit them in ASCII file

format and avoid the use of special

characters and encryption. Please

include ‘‘Attn: 1018–AH03’’ and your

name and return e-mail address in your

e-mail message. Please note that the email address will be closed out at the

termination of the public comment

period. If you do not receive

confirmation from the system that we

have received your message, contact us

directly by calling our Carlsbad Fish

and Wildlife Office at phone number

760/431–9440.

Our practice is to make comments,

including names and home addresses of

respondents, available for public review

during regular business hours.

Individual respondents may request that

we withhold their home address, which

we will honor to the extent allowable by

law. In some circumstances, we would

withhold from the rulemaking record a

respondent’s identity, as allowable by

law. If you wish us to withhold your

name and/or address, you must state

this request prominently at the

beginning of your comment. However,

we will not consider anonymous

comments. To the extent consistent with

applicable law, we will make all

submissions from organizations or

businesses, and from individuals

identifying themselves as

representatives or officials of

organizations or businesses, available

for public inspection in their entirety.

Comments and materials received will

be available for public inspection, by

appointment, during normal business

hours at the above address.

Peer Review

In accordance with our policy

published on July 1, 1994 (59 FR

34270), we will seek the expert opinions

of at least three appropriate and

independent specialists regarding this

proposed rule. The purpose of such

review is to ensure decisions are based

on scientifically sound data,

assumptions, and analyses. We will

send these peer reviewers copies of this

proposed rule immediately following

publication in the Federal Register. We

will invite these peer reviewers to

comment, during the public comment

period, on the specific assumptions and

conclusions regarding the proposed

designation of critical habitat.

We will consider all comments and

data received during the 60-day

comment period on this proposed rule

during preparation of a final

rulemaking. Accordingly, the final

decision may differ from this proposal.

Public Hearings

The Act provides for one or more

public hearings on this proposal, if

requested. Requests for public hearings

must be made at least 15 days prior to

the close of the public comment period.

We will schedule public hearings on

this proposal, if any are requested, and

announce the dates, times, and places of

those hearings in the Federal Register

and local newspapers at least 15 days

prior to the first hearing.

Clarity of the Rule

Executive Order 12866 requires each

agency to write regulations/notices that

are easy to understand. We invite your

comments on how to make this notice

easier to understand including answers

to questions such as the following: (1)

Are the requirements in the notice

clearly stated? (2) Does the notice

contain technical language or jargon that

interferes with the clarity? (3) Does the

format of the notice (grouping and order

of sections, use of headings,

paragraphing, etc.) aid or reduce its

clarity? (4) Is the description of the

notice in the SUPPLEMENTARY

INFORMATION section of the preamble

helpful in understanding the notice?

What else could we do to make the

notice easier to understand?

Send a copy of any comments that

concern how we could make this notice

easier to understand to the Field

Supervisor, Carlsbad Fish and Wildlife

Office (see ADDRESSES).

Required Determinations

Regulatory Planning and Review

In accordance with Executive Order

12866, this document is a significant

rule and was reviewed by the Office of

Management and Budget (OMB). We are

preparing a draft analysis of this

proposed action, which will be available

for public comment, to determine the

economic consequences of designating

the specific areas as critical habitat. The

availability of the draft economic

analysis will be announced in the

Federal Register and in local

newspapers so that it is available for

public review and comments.

(a) This rule is not expected to have

an annual economic effect of $100

million or more or adversely affect an

Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules 9489

economic sector, productivity, jobs, the

environment, or other units of

government. The Quino checkerspot

butterfly was listed as an endangered

subspecies in 1997. In fiscal years 1997

through 2000, we have conducted, or in

the process of conducting, an estimated

11 formal section 7 consultations with

other Federal agencies to ensure that

their actions would not jeopardize the

continued existence of the Quino

checkerspot butterfly. We have also

issued section 10(a)(1)(B) incidental

take permits for approximately 12

projects in areas where the subspecies

occurs in which the project proponents

have prepared either individual HCPs or

were signatories to the AD161 HCP in

western Riverside County.

Under the Act, critical habitat may

not be adversely modified by a Federal

agency action; the Act does not impose

any restrictions through critical habitat

designation on non-Federal persons

unless they are conducting activities

funded or otherwise sponsored,

authorized, or permitted by a Federal

agency. Section 7 requires Federal

agencies to ensure that they do not

jeopardize the continued existence of

the species. Based upon our experience

with the subspecies and its needs, we

conclude that any Federal action or

authorized action that could potentially

cause adverse modification of the

proposed critical habitat would

currently be considered as ‘‘jeopardy’’

under the Act (see Table 2).

Accordingly, the designation of

occupied critical habitat areas for the

Quino checkerspot butterfly are not

anticipated to have any incremental

impacts on what actions may or may not

be conducted by Federal agencies or

non-Federal persons that receive

Federal authorization or funding. NonFederal persons that do not have a

Federal ‘‘sponsorship’’ of their actions

are not restricted by the designation of

critical habitat (however, they continue

to be bound by the provisions of the Act

concerning ‘‘take’’ of the species).

Designation of critical habitat in areas of

unknown occupancy may have some

effect if we do not consult in these areas

now, and we will investigate this

possibility through our economic

analysis.

(b) This rule is not expected to create

inconsistencies with other agencies’

actions. As discussed above, Federal

agencies have been required to ensure

that their actions do not jeopardize the

continued existence of the Quino

checkerspot butterfly since the listing in

1997. The prohibition against adverse

modification of critical habitat is

expected to impose few, if any,

additional restrictions to those that

currently exist. Because of the potential

for impacts on other Federal agency

activities for lands not known to be

occupied, we will review this action for

any inconsistencies with other Federal

agency actions.

(c) This rule is not expected to

materially affect entitlements, grants,

user fees, loan programs, or the rights

and obligations of their recipients.

Federal agencies are currently required

to ensure that their activities do not

jeopardize the continued existence of

the subspecies, and as discussed above

we do not anticipate that the adverse

modification prohibition (resulting from

critical habitat designation) will have

any significant incremental effects.

(d) This rule is not expected to raise

novel legal or policy issues. This

proposed determination follows the

requirements for determining critical

habitat contained in the Act.

TABLE 2.—IMPACTS OF QUINO CHECKERSPOT BUTTERFLY LISTING AND CRITICAL HABITAT DESIGNATION

Categories of activities Activities potentially affected by species listing only 1

Additional activities potentially affected by

critical habitat

designation 2

Federal Activities Potentially Affected 3.Activities the Federal Government carries out such as removing, thinning, or destroying

Quino checkerspot butterfly habitat (as defined in the primary constituent elements discussion), whether by burning or mechanical, chemical, or other means (e.g., woodcutting,

grubbing, grading, overgrazing, construction, road building, mining, herbicide application,

etc.) and appreciably decreasing habitat value or quality through indirect effects (e.g.,

edge effects, invasion of exotic plants or animals, or fragmentation.

None.

Private Activities Potentially Affected 4.Activities such as removing, thinning, or destroying Quino checkerspot butterfly habitat (as

defined in the primary constituent elements discussion), whether by burning or mechanical, chemical, or other means (e.g., woodcutting, grubbing, grading, overgrazing, construction, road building, mining, herbicide application, etc.) and appreciably decreasing

habitat value or quality through indirect effects (e.g., edge effects, invasion of exotic plants

or animals, or fragmentation that require a Federal action (permit, authorization, or funding).

None.

1This column represents the activities potentially affected by listing the Quino checkerspot butterfly as an endangered subspecies (January 16,

1997, 62 FR 2313) under the Endangered Species Act. 2This column represents the activities potentially affected by the critical habitat designation in addition to those activities potentially affected by

listing the subspecies. 3Activities initiated by a Federal agency.

4Activities initiated by a private entity that may need Federal authorization or funding.

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

et seq.)

In the economic analysis, we will

determine if designation of critical

habitat will have a significant effect on

a substantial number of small entities.

As discussed under Regulatory Planning

and Review above, and in this proposed

determination, this rule is expected to

result in few, if any, restrictions in

addition to those currently in existence.

As indicated on Table 1 (see Critical

Habitat Designation section), we

proposed property owned by Federal,

State, Tribal, and local governments,

and private property.

Within these areas, the types of

Federal actions or authorized activities

that we have identified as potential

concerns are:

(1) Regulation of activities affecting

waters of the United States by the Corps

under section 404 of the Clean Water

Act;

(2) Regulation of water flows,

damming, diversion, and channelization

by any Federal agencies;

(3) Regulation of grazing, mining, and

recreation by the BLM, Forest Service,

or Service;

(4) Road construction and

maintenance, right of way designation,

and regulation of agricultural activities;

9490 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules

(5) Regulation of airport improvement

activities by the Federal Aviation

Administration jurisdiction;

(6) Construction of roads and fences

along the international border with

Mexico, and associated immigration

enforcement activities by the

Immigration and Naturalization Service;

(7) Hazard mitigation and postdisaster repairs funded by the Federal

Emergency Management Agency;

(8) Construction of communication

sites licensed by the Federal

Communications Commission; and

(9) Activities funded by the U.S.

Environmental Protection Agency,

Department of Energy, or any other

Federal agency.

Many of the activities sponsored by

Federal agencies within critical habitat

areas are carried out by small entities (as

defined by the Regulatory Flexibility

Act) through contract, grant, permit, or

other Federal authorization. As

discussed above, these actions are

currently required to comply with the

listing protections of the Act, and the

designation of critical habitat is not

anticipated to have any additional

effects on these activities.

For actions on non-Federal property

that do not have a Federal connection

(such as funding or authorization), the

current restrictions concerning take of

the subspecies remain in effect, and this

proposed determination will add no

further restrictions.

Small Business Regulatory Enforcement

Fairness Act (5 U.S.C. 804(2))

In the economic analysis, we will

determine whether designation of

critical habitat would cause (a) any

effect on the economy of $100 million

or more, (b) any increases in costs or

prices for consumers, individual

industries, Federal, State, or local

government agencies, or geographic

regions in the economic analysis, or (c)

any significant adverse effects on

competition, employment, investment,

productivity, innovation, or the ability

of U.S.-based enterprises to compete

with foreign-based enterprises.

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.):

(a) This rule, as proposed, will not

‘‘significantly or uniquely’’ affect small

governments. A Small Government

Agency Plan is not required. Small

governments will be affected only to the

extent that any programs having Federal

funds, permits or other authorized

activities must ensure that their actions

will not adversely affect the critical

habitat. However, as discussed above,

these actions are currently subject to

equivalent restrictions through the

listing protections of the subspecies,

and no further restrictions are

anticipated.

(b) This rule, as proposed, will not

produce a Federal mandate of $100

million or greater in any year, that is, it

is not a ‘‘significant regulatory action’’

under the Unfunded Mandates Reform

Act. The designation of critical habitat

imposes no obligations on State or local

governments.

Takings

In accordance with Executive Order

12630, the rule does not have significant

takings implications. A takings

implication assessment is not required.

As discussed above, the designation of

critical habitat affects only Federal

agency actions. The rule will not

increase or decrease the current

restrictions on private property

concerning take of the Quino

checkerspot butterfly. Due to current

public knowledge of the subspecies’

protection, the prohibition against take

of the subspecies both within and

outside of the proposed areas, and the

fact that critical habitat provides no

incremental restrictions, we do not

anticipate that property values will be

affected by the critical habitat

designation. While real estate market

values may temporarily decline

following designation, due to the

perception that critical habitat

designation may impose additional

regulatory burdens on land use, we

expect any such impacts to be short

term. Additionally, critical habitat

designation does not preclude

development of HCPs and issuance of

incidental take permits. Owners of areas

that are included in the designated

critical habitat will continue to have the

opportunity to utilize their property in

ways consistent with the survival and

recovery of the Quino checkerspot

butterfly.

Federalism

In accordance with Executive Order

13132, the rule does not have significant

Federalism effects. A Federalism

assessment is not required. In keeping

with Department of the Interior and

Department of Commerce policy, we

requested information from, and

coordinated development of this critical

habitat designation, with appropriate

State resource agencies in California.

The designation of critical habitat

within the geographic range occupied

by the Quino checkerspot butterfly

imposes no additional restrictions to

those currently in place, and therefore,

has little incremental impact on State

and local governments and their

activities. The designation may have

some benefit to these governments in

that the areas essential to the

conservation of the subspecies are more

clearly defined, and the primary

constituent elements of the habitat

necessary to the survival of the

subspecies are specifically identified.

While this definition and identification

does not alter where and what federally

sponsored activities may occur, it may

assist these local governments in long

range planning (rather than waiting for

case by case section 7 consultations to

occur).

Civil Justice Reform

In accordance with Executive Order

12988, the Office of the Solicitor has

determined that the rule does not

unduly burden the judicial system and

meets the requirements of sections 3(a)

and 3(b)(2) of the Order. We are

proposing to designate critical habitat in

accordance with the provisions of the

Endangered Species Act. The rule uses

standard property descriptions and

identifies the primary constituent

elements within the designated areas to

assist the public in understanding the

habitat needs of the Quino checkerspot

butterfly.

Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.)

This rule references permits for HCPs

which contain information collection

activity. The Service has OMB approval

for the collection under OMB Control

Number 1018–0094 which expires on

February 28, 2001. The Service 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

We determined we do not need to

prepare an Environmental Assessment

and/or an Environmental Impact

Statement as defined by the National

Environmental Policy Act of 1969 in

connection with regulations adopted

pursuant to section 4(a) of the

Endangered Species Act, as amended.

We published a notice outlining our

reasons for this determination in the

Federal Register on October 25, 1983

(48 FR 49244). This proposed

determination does not constitute a

major Federal action significantly

affecting the quality of the human

environment.

Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules 9491

Government-to-Government

Relationship With Tribes

In accordance with the President’s

memorandum of April 29, 1994,

‘‘Government-to-Government Relations

with Native American Tribal

Governments’’ (59 FR 22951), Executive

Order 13175, and 512 DM 2, we are

coordinating with federally recognized

Tribes on a Government-to-Government

basis. We determined that 4,405 ha

(10,890 ac) within the Cahuilla Band of

Mission Indians Reservation in western

Riverside County are essential for the

conservation of the Quino checkerspot

butterfly because they are directly

adjacent to Quino checkerspot butterfly

populations within the Silverado habitat

complex, and provide essential

dispersal and metapopulation habitat

between core populations. Therefore,

we are considering designating critical

habitat for the Quino checkerspot

butterfly on Tribal lands. We may

exclude areas from critical habitat upon

a determination that the benefits of such

exclusions outweigh the benefits of

specifying such areas as critical habitat

according to section(4)(b)(2) of the Act.

However, we cannot exclude such areas

from critical habitat when such

exclusions will result in the extinction

of the subspecies.

Relationship to Mexico

We are not aware of any existing

regulatory mechanism in Mexico that

would protect the Quino checkerspot

butterfly or its habitat. Although Mexico

has laws that could provide protection

for rare species, they are not easily

enforced. At this time, Mexico enforces

no specific protections for this

subspecies, or its habitat. If specific

protections were available and

enforceable in Mexico, the portion of

the range in Mexico alone, in isolation,

would not be adequate to ensure the

long-term conservation of this

subspecies. Furthermore, according to

CFR 402.12(h) ‘‘Critical habitat shall not

be designated with foreign countries or

in other areas outside of the United

States jurisdiction.’’

References Cited

A complete list of all references cited

in this proposed rule is available upon

request from the Carlsbad Fish and

Wildlife Office (see ADDRESSES section).

Authors

The primary authors of this proposed

rule are the staff of the Carlsbad Fish

and Wildlife Office (see ADDRESSES

section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and record

keeping requirements, Transportation.

Proposed Regulation Promulgation

Accordingly, we propose to amend

part 17, subchapter B of chapter I, title

50 of the Code of Federal Regulations as

set forth below:

PART 17—[AMENDED]

1. The authority citation for part 17

continues to read as follows:

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

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

625, 100 Stat. 3500; unless otherwise noted.

2. In § 17.11(h) revise the entry for

‘‘Butterfly, Quino checkerspot’’’ under

‘‘INSECTS’’ to read as follows:

§ 17.11 Endangered and threatened

wildlife.

* * * * *

(h) * * *

Species

Historic range

Vertebrate

population

where endangered or

threatened

Status When

listed

Critical

habitat

Special

rates Common name Scientific name

*******

INSECTS

*******

Butterfly, Quino checkerspot ......... Euphydryas editha quino .............. U.S.A. (CA),

Mexico..

.......do...... E 604 17.95(i) NA

*******

3. Amend § 17.95(i) by adding critical

habitat for the Quino checkerspot

butterfly (Euphydras editha quino) in

the same alphabetical order as this

subspecies occurs in § 17.11(h).

§ 17.95 Critical habitat—fish and wildlife.

* * * * *

(i) Insects. ***

Quino Checkerspot Butterfly

(Euphydras editha quino)

1. Critical habitat units are depicted

for Riverside and San Diego Counties,

California, on the maps below.

2. The primary constituent elements

for the Quino checkerspot butterfly are

those habitat components that are

essential for the primary biological

needs of larval diapause, feeding, and

pupation, and adult oviposition (egglaying), nectaring, roosting and basking,

dispersal, genetic exchange, and shelter.

Primary constituent elements occur in

undeveloped areas that support various

types of open woody canopy plant

communities. They include, but are not

limited to, plant communities in their

natural state, or those that have been

recently disturbed (e.g., by fire or

grubbing) that provide populations of

host plant and nectar sources for the

Quino checkerspot butterfly. Habitat

patch suitability is determined

primarily by larval host plant density,

topographic diversity, nectar resource

availability, and climatic conditions

(Osborne and Redak 2000; Singer 1972;

Murphy 1982; Weiss et al. 1988;

Murphy et al. 1990). The primary and

secondary host plants that have been

documented for the butterfly include

Plantago erecta (dwarf plantain),

Plantago patagonica (wooly plantain),

Castilleja exserta (owl’s clover), and

Cordylanthus rigidus (bird’s beak), with

dwarf plantain being the most common.

Dwarf plantain is an annual herb found

in coastal sage scrub, open chaparral,

grassland and similar plant

communities. It is often associated with

cryptogamic crusts, and fine-textured

clay soils derived from gabbro and

basalt. Some local populations or

metapopulations of the Quino

checkerspot butterfly may be dependent

on secondary hosts for persistence.

Typically, prediapause secondary hosts

are important when the primary hosts

undergo senescence before larvae can

respond by entering diapause (Singer

1972, Ehrlich et al. 1975). Adult Quino

checkerspot butterflies use a variety of

plants for adult nectar feeding.

Euphydryas editha prefers flowers with

a platform-like surface on which they

can remain upright while feeding (D.

Murphy, G. Pratt, and M. Singer, pers.

comm., 2000). The butterflies frequently

9492 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules

take nectar from Lomatium spp., Muilla

spp., Achillea millefolium (yarrow),

Amsinckia spp. (fiddleneck), Lasthenia

spp. (goldfields), Plagiobothrys spp.

(popcornflower), Cryptantha spp., Gilia

spp., Eriogonum fasiculatum (California

buckwheat), Allium spp. (onion), and

Eriodictyon spp. (yerba santa) (D.

Murphy and G. Pratt, pers. comm.,

2000).

3. Critical habitat does not include

non-Federal lands covered by a legally

operative incidental take permit for

which the Quino checkerspot butterfly

is a covered species and has take

authorization, issued under section

10(a)(1)(B) of the Act on or before [date

of Federal Register publication of final

rule].

4. Existing features and structures

within the boundaries of mapped

critical habitat units, such as buildings,

paved or improved roads, aqueducts,

railroads, airports, other paved areas,

lawns, large areas of closed canopy

chaparral, agricultural fields, and other

urban landscaped areas are not

constituent elements. Federal actions

limited to those areas, therefore, would

not trigger a section 7 consultation,

unless they affect the subspecies and/or

primary constituent elements in

adjacent critical habitat.

BILLING CODE 4310–55–P

Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules 9493

9494 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules

BILLING CODE 4310–55–C

Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules 9495

Map Unit 1: Lake Mathews, Riverside

County, California. From USGS 1:24,000

quadrangle maps Alberhill, Lake

Elsinore, Lake Mathews, and Steele

Peak, lands bounded by the following

Universal Transverse Mercator (UTM)

zone 11, North American Datum of 1927

(NAD27) coordinates (E, N): 462800,

3746700; 463200, 3746700; 463200,

3746600; 463100, 3746600; 463100,

3745900; 463000, 3745900; 463000,

3745800; 463200, 3745800; 463200,

3745700; 463400, 3745700; 463400,

3745600; 463900, 3745600; 463900,

3745500; 464100, 3745500; 464100,

3745400; 464200, 3745400; 464200,

3745300; 464400, 3745300; 464400,

3745200; 464500, 3745200; 464500,

3745100; 464800, 3745100; 464800,

3745000; 465100, 3745000; 465100,

3744900; 465300, 3744900; 465300,

3744800; 465400, 3744800; 465400,

3744600; 466500, 3744600; 466500,

3744400; 466900, 3744400; 466900,

3743900; 467300, 3743900; 467300,

3743600; 467400, 3743600; 467400,

3743300; 467000, 3743300; 467000,

3743200; 466800, 3743200; 466800,

3743100; 467300, 3743100; 467300,

3742900; 467400, 3742900; 467400,

3742800; 467700, 3742800; 467700,

3742900; 467800, 3742900; 467800,

3743100; 468000, 3743100; 468000,

3743400; 467900, 3743400; 467900,

3743500; 467700, 3743500; 467700,

3743600; 467600, 3743600; 467600,

3743700; 467800, 3743700; 467800,

3743800; 469500, 3743800; 469500,

3743300; 469600, 3743300; 469600,

3743200; 469800, 3743200; 469800,

3743100; 469900, 3743100; 469900,

3743200; 470200, 3743200; 470200,

3743100; 470400, 3743100; 470400,

3743000; 470500, 3743000; 470500,

3742700; 470800, 3742700; 470800,

3742600; 471000, 3742600; 471000,

3742500; 471100, 3742500; 471100,

3742400; 471200, 3742400; 471200,

3742300; 471300, 3742300; 471300,

3741900; 471400, 3741900; 471400,

3741800; 471700, 3741800; 471700,

3741700; 471800, 3741700; 471800,

3741600; 471900, 3741600; 471900,

3741500; 472000, 3741500; 472000,

3741100; 472100, 3741100; 472100,

3741000; 472200, 3741000; 472200,

3740900; 472400, 3740900; 472400,

3741000; 472600, 3741000; 472600,

3741100; 472800, 3741100; 472800,

3740600; 472900, 3740600; 472900,

3739500; 472800, 3739500; 472800,

3738900; 472700, 3738900; 472700,

3738300; 472300, 3738300; 472300,

3738000; 472400, 3738000; 472400,

3737800; 472100, 3737800; 472100,

3737700; 472200, 3737700; 472200,

3737500; 472000, 3737500; 472000,

3737300; 472100, 3737300; 472100,

3737000; 472000, 3737000; 472000,

3736800; 471800, 3736800; 471800,

3736500; 471700, 3736500; 471700,

3736400; 471600, 3736400; 471600,

3736300; 471100, 3736300; 471100,

3736400; 471000, 3736400; 471000,

3736600; 470900, 3736600; 470900,

3736500; 470700, 3736500; 470700,

3735900; 470500, 3735900; 470500,

3735800; 470300, 3735800; 470300,

3735700; 470100, 3735700; 470100,

3735600; 469900, 3735600; 469900,

3735500; 469600, 3735500; 469600,

3735400; 469200, 3735400; 469200,

3735300; 468700, 3735300; 468700,

3735200; 467400, 3735200; 467400,

3735300; 467200, 3735300; 467200,

3735200; 467100, 3735200; 467100,

3735100; 466800, 3735100; 466800,

3734900; 466700, 3734900; 466700,

3734800; 466600, 3734800; 466600,

3734700; 466500, 3734700; 466500,

3734600; 466400, 3734600; 466400,

3734100; 466300, 3734100; 466300,

3733900; 466200, 3733900; 466200,

3733800; 466100, 3733800; 466100,

3733600; 465900, 3733600; 465900,

3733400; 465800, 3733400; 465800,

3733300; 465600, 3733300; 465600,

3733200; 465400, 3733200; 465400,

3733700; 465300, 3733700; 465300,

3734000; 465200, 3734000; 465200,

3734100; 465100, 3734100; 465100,

3734200; 465000, 3734200; 465000,

3734300; 464900, 3734300; 464900,

3734400; 464800, 3734400; 464800,

3733400; 461500, 3733400; 461500,

3734200; 459900, 3734200; 459900,

3734600; 458900, 3734600; 458900,

3734700; 458800, 3734700; 458800,

3734800; 458900, 3734800; 458900,

3735000; 458800, 3735000; 458800,

3735100; 458700, 3735100; 458700,

3735200; 458000, 3735200; 458000,

3735300; 457700, 3735300; 457700,

3735400; 457600, 3735400; 457600,

3735500; 457500, 3735500; 457500,

3735600; 457300, 3735600; 457300,

3735700; 457100, 3735700; 457100,

3735800; 457000, 3735800; 457000,

3735900; 456900, 3735900; 456900,

3736100; 456800, 3736100; 456800,

3736800; 457200, 3736800; 457200,

3736700; 457300, 3736700; 457300,

3737100; 457200, 3737100; 457200,

3737200; 457100, 3737200; 457100,

3737300; 457000, 3737300; 457000,

3737400; 456900, 3737400; 456900,

3737500; 456800, 3737500; 456800,

3737600; 456700, 3737600; 456700,

3737700; 456600, 3737700; 456600,

3737800; 456500, 3737800; 456500,

3737900; 456400, 3737900; 456400,

3738100; 456300, 3738100; 456300,

3738400; 456500, 3738400; 456500,

3738500; 456600, 3738500; 456600,

3738600; 456700, 3738600; 456700,

3738700; 456800, 3738700; 456800,

3738800; 456900, 3738800; 456900,

3739100; 457000, 3739100; 457000,

3739600; 457100, 3739600; 457100,

3739900; 457000, 3739900; 457000,

3740000; 456300, 3740000; 456300,

3739900; 456000, 3739900; 456000,

3739800; 455700, 3739800; 455700,

3739700; 455600, 3739700; 455600,

3739900; 455500, 3739900; 455500,

3740100; 455400, 3740100; 455400,

3740300; 455300, 3740300; 455300,

3740600; 455200, 3740600; 455200,

3741000; 455100, 3741000; 455100,

3741500; 455000, 3741500; 455000,

3743400; 455100, 3743400; 455100,

3743800; 455200, 3743800; 455200,

3744200; 455300, 3744200; 455300,

3744400; 455400, 3744400; 455400,

3744600; 455500, 3744600; 455500,

3744900; 455600, 3744900; 455600,

3745000; 455700, 3745000; 455700,

3745200; 455800, 3745200; 455800,

3745300; 455900, 3745300; 455900,

3745500; 456000, 3745500; 456000,

3745600; 456100, 3745600; 456100,

3745700; 456200, 3745700; 456200,

3745800; 456300, 3745800; 456300,

3745900; 456400, 3745900; 456400,

3746000; 456500, 3746000; 456500,

3746100; 456600, 3746100; 456600,

3746200; 456700, 3746200; 456700,

3746100; 456800, 3746100; 456800,

3746000; 456900, 3746000; 456900,

3745900; 457100, 3745900; 457100,

3745800; 457200, 3745800; 457200,

3745700; 457400, 3745700; 457400,

3745800; 457700, 3745800; 457700,

3745700; 457600, 3745700; 457600,

3745600; 457500, 3745600; 457500,

3745400; 457400, 3745400; 457400,

3745300; 457300, 3745300; 457300,

3745100; 457200, 3745100; 457200,

3745000; 457100, 3745000; 457100,

3744600; 457200, 3744600; 457200,

3744500; 457300, 3744500; 457300,

3744400; 457400, 3744400; 457400,

3744300; 457300, 3744300; 457300,

3743700; 457400, 3743700; 457400,

3743300; 457500, 3743300; 457500,

3743200; 457600, 3743200; 457600,

3743100; 458100, 3743100; 458100,

3743300; 458200, 3743300; 458200,

3743700; 458400, 3743700; 458400,

3743500; 458500, 3743500; 458500,

3743300; 458400, 3743300; 458400,

3743200; 458500, 3743200; 458500,

3743000; 458700, 3743000; 458700,

3743100; 458800, 3743100; 458800,

3743000; 459000, 3743000; 459000,

3743100; 459200, 3743100; 459200,

3743000; 459400, 3743000; 459400,

3743100; 459500, 3743100; 459500,

3743000; 459700, 3743000; 459700,

3743200; 459800, 3743200; 459800,

3743300; 460000, 3743300; 460000,

3743200; 460100, 3743200; 460100,

3743100; 460200, 3743100; 460200,

3743000; 460300, 3743000; 460300,

9496 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules

3742400; 460200, 3742400; 460200,

3742200; 460400, 3742200; 460400,

3742300; 460500, 3742300; 460500,

3742500; 460600, 3742500; 460600,

3742600; 460700, 3742600; 460700,

3742900; 460800, 3742900; 460800,

3742800; 460900, 3742800; 460900,

3742900; 461000, 3742900; 461000,

3742800; 461300, 3742800; 461300,

3742900; 461400, 3742900; 461400,

3743000; 461800, 3743000; 461800,

3743100; 461900, 3743100; 461900,

3743000; 462100, 3743000; 462100,

3743100; 462700, 3743100; 462700,

3743300; 462900, 3743300; 462900,

3743400; 463000, 3743400; 463000,

3743600; 463100, 3743600; 463100,

3743500; 463200, 3743500; 463200,

3743600; 463300, 3743600; 463300,

3743700; 463500, 3743700; 463500,

3743800; 463700, 3743800; 463700,

3743900; 463800, 3743900; 463800,

3744000; 463900, 3744000; 463900,

3744100; 464600, 3744100; 464600,

3744000; 464700, 3744000; 464700,

3744200; 464500, 3744200; 464500,

3744300; 464300, 3744300; 464300,

3744400; 464200, 3744400; 464200,

3744300; 463600, 3744300; 463600,

3744200; 463400, 3744200; 463400,

3744100; 463300, 3744100; 463300,

3744000; 463200, 3744000; 463200,

3744100; 462900, 3744100; 462900,

3744000; 462800, 3744000; 462800,

3743900; 462700, 3743900; 462700,

3743800; 462600, 3743800; 462600,

3744000; 462500, 3744000; 462500,

3743900; 462200, 3743900; 462200,

3744000; 462100, 3744000; 462100,

3743900; 462000, 3743900; 462000,

3744000; 461900, 3744000; 461900,

3744100; 461800, 3744100; 461800,

3744300; 461700, 3744300; 461700,

3744500; 461600, 3744500; 461600,

3744600; 461500, 3744600; 461500,

3744700; 461400, 3744700; 461400,

3744600; 461300, 3744600; 461300,

3744700; 461200, 3744700; 461200,

3745100; 461400, 3745100; 461400,

3745200; 461700, 3745200; 461700,

3745300; 462000, 3745300; 462000,

3745400; 462100, 3745400; 462100,

3745700; 462000, 3745700; 462000,

3745800; 461500, 3745800; 461500,

3746000; 461800, 3746000; 461800,

3746200; 462200, 3746200; 462200,

3746400; 462800, 3746400; 462800,

3746700; excluding land bounded by

465100, 3742600; 465000, 3742600;

465000, 3742500; 465100, 3742500;

465100, 3742600; land bounded by

461700, 3741800; 461800, 3741800;

461800, 3741700; 462000, 3741700;

462000, 3741400; 461900, 3741400;

461900, 3741300; 461800, 3741300;

461800, 3741400; 461500, 3741400;

461500, 3741300; 461700, 3741300;

461700, 3741100; 461600, 3741100;

461600, 3740900; 461500, 3740900;

461500, 3740700; 461600, 3740700;

461600, 3740800; 461900, 3740800;

461900, 3740600; 461800, 3740600;

461800, 3740200; 461900, 3740200;

461900, 3740300; 462100, 3740300;

462100, 3740400; 462200, 3740400;

462200, 3740500; 462300, 3740500;

462300, 3740600; 462600, 3740600;

462600, 3740500; 462700, 3740500;

462700, 3740600; 462800, 3740600;

462800, 3740300; 462900, 3740300;

462900, 3740000; 463000, 3740000;

463000, 3739800; 462600, 3739800;

462600, 3739500; 462500, 3739500;

462500, 3739300; 462300, 3739300;

462300, 3739200; 462200, 3739200;

462200, 3739100; 465000, 3739100;

465000, 3737400; 465600, 3737400;

465600, 3737300; 465700, 3737300;

465700, 3737000; 466100, 3737000;

466100, 3736900; 466600, 3736900;

466600, 3736800; 466900, 3736800;

466900, 3737100; 467000, 3737100;

467000, 3737200; 467300, 3737200;

467300, 3737500; 467900, 3737500;

467900, 3737600; 468100, 3737600;

468100, 3738500; 468200, 3738500;

468200, 3738800; 468100, 3738800;

468100, 3738900; 467900, 3738900;

467900, 3738200; 467800, 3738200;

467800, 3738300; 467500, 3738300;

467500, 3738600; 467200, 3738600;

467200, 3738700; 467100, 3738700;

467100, 3738900; 467300, 3738900;

467300, 3739400; 467000, 3739400;

467000, 3739800; 466600, 3739800;

466600, 3739600; 466500, 3739600;

466500, 3739500; 466100, 3739500;

466100, 3741400; 465700, 3741400;

465700, 3741800; 465600, 3741800;

465600, 3741900; 465400, 3741900;

465400, 3741800; 465000, 3741800;

465000, 3742000; 464900, 3742000;

464900, 3742200; 464800, 3742200;

464800, 3741900; 464700, 3741900;

464700, 3741800; 464500, 3741800;

464500, 3741700; 464400, 3741700;

464400, 3741800; 464300, 3741800;

464300, 3742000; 464400, 3742000;

464400, 3742400; 464300, 3742400;

464300, 3742900; 464100, 3742900;

464100, 3743100; 464000, 3743100;

464000, 3743000; 463800, 3743000;

463800, 3742800; 463600, 3742800;

463600, 3742600; 462800, 3742600;

462800, 3742400; 462900, 3742400;

462900, 3742100; 462700, 3742100;

462700, 3742300; 462600, 3742300;

462600, 3742400; 462200, 3742400;

462200, 3742200; 461900, 3742200;

461900, 3742100; 461700, 3742100;

461700, 3741800; land bounded by

461700, 3741800; 461600, 3741800;

461600, 3741700; 461700, 3741700;

461700, 3741800; land bounded by

465100, 3742600; 465200, 3742600;

465200, 3742700; 465300, 3742700;

465300, 3743000; 465100, 3743000;

465100, 3743200; 465000, 3743200;

465000, 3742800; 465100, 3742800;

465100, 3742600; land bounded by

466200, 3743300; 466200, 3743100;

466300, 3743100; 466300, 3743200;

466400, 3743200; 466400, 3743300;

466200, 3743300; land bounded by

460700, 3742100; 460700, 3741700;

461300, 3741700; 461300, 3741800;

461200, 3741800; 461200, 3742000;

461000, 3742000; 461000, 3742100;

460700, 3742100; land bounded by

465800, 3742000; 465800, 3741900;

466000, 3741900; 466000, 3742000;

465800, 3742000; land bounded by

469100, 3741400; 469100, 3741000;

468900, 3741000; 468900, 3740900;

469100, 3740900; 469100, 3740600;

468900, 3740600; 468900, 3740200;

468700, 3740200; 468700, 3739800;

468600, 3739800; 468600, 3739700;

469300, 3739700; 469300, 3739900;

469400, 3739900; 469400, 3741400;

469100, 3741400; land bounded by

466600, 3740800; 466600, 3740100;

466800, 3740100; 466800, 3740500;

466900, 3740500; 466900, 3740800;

466600, 3740800; land bounded by

467000, 3740000; 467000, 3739900;

467300, 3739900; 467300, 3740000;

467000, 3740000; land bounded by

468200, 3739800; 468200, 3739500;

468300, 3739500; 468300, 3739600;

468400, 3739600; 468400, 3739800;

468200, 3739800; land bounded by

469500, 3739800; 469500, 3739200;

469700, 3739200; 469700, 3739300;

469600, 3739300; 469600, 3739500;

469700, 3739500; 469700, 3739800;

469500, 3739800; land bounded by

469900, 3738700; 469900, 3738500;

470000, 3738500; 470000, 3738700;

469900, 3738700; land bounded by

469400, 3738500; 469400, 3738400;

469700, 3738400; 469700, 3738500;

469400, 3738500; land bounded by

468300, 3737600; 468300, 3737400;

468800, 3737400; 468800, 3737200;

468900, 3737200; 468900, 3737000;

469600, 3737000; 469600, 3737200;

469300, 3737200; 469300, 3737500;

468600, 3737500; 468600, 3737600;

468300, 3737600; and land bounded by

463600, 3737400; 463600, 3737300;

463700, 3737300; 463700, 3736900;

463000, 3736900; 463000, 3736800;

463200, 3736800; 463200, 3736200;

463000, 3736200; 463000, 3736300;

462800, 3736300; 462800, 3736200;

462500, 3736200; 462500, 3735900;

462600, 3735900; 462600, 3736100;

463200, 3736100; 463200, 3735800;

463300, 3735800; 463300, 3735900;

463500, 3735900; 463500, 3736300;

463700, 3736300; 463700, 3736500;

463900, 3736500; 463900, 3736700;

464000, 3736700; 464000, 3737000;

Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules 9497

464100, 3737000; 464100, 3737300;

463800, 3737300; 463800, 3737400;

463600, 3737400.

BILLING CODE 4310–55–P

9498 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules

Map Unit 2: Southwest Riverside,

Riverside County, California. From

USGS 1:24,000 quadrangle maps

Romoland, Winchester, Hemet,

Blackburn Canyon, Murrieta, Bachelor

Mountain, Sage, Cahuilla Mountain,

Anza, Pechanga, Vail Lake, Aguanga,

Beauty Mountain, and Palomar

Observatory, land bounded by the

following UTM NAD27 coordinates (E,

N): 495500, 3712300; 495500, 3712200;

495100, 3712200; 495100, 3712100;

494800, 3712100; 494800, 3712000;

495300, 3712000; 495300, 3711900;

495400, 3711900; 495400, 3711800;

495500, 3711800; 495500, 3711700;

495600, 3711700; 495600, 3711800;

495900, 3711800; 495900, 3712100;

496000, 3712100; 496000, 3712200;

496100, 3712200; 496100, 3712100;

496200, 3712100; 496200, 3711900;

496100, 3711900; 496100, 3711700;

496000, 3711700; 496000, 3711500;

495700, 3711500; 495700, 3711400;

495400, 3711400; 495400, 3711300;

495300, 3711300; 495300, 3711600;

495100, 3711600; 495100, 3711500;

494900, 3711500; 494900, 3711400;

494800, 3711400; 494800, 3711300;

494700, 3711300; 494700, 3711200;

494600, 3711200; 494600, 3711300;

494500, 3711300; 494500, 3711200;

494400, 3711200; 494400, 3711300;

494300, 3711300; 494300, 3711400;

494000, 3711400; 494000, 3711500;

493900, 3711500; 493900, 3711700;

493700, 3711700; 493700, 3711800;

493600, 3711800; 493600, 3711900;

493400, 3711900; 493400, 3712000;

493100, 3712000; 493100, 3711900;

492900, 3711900; 492900, 3711800;

492800, 3711800; 492800, 3712000;

492900, 3712000; 492900, 3712100;

492600, 3712100; 492600, 3712000;

492500, 3712000; 492500, 3712300;

492400, 3712300; 492400, 3712400;

492300, 3712400; 492300, 3712500;

492200, 3712500; 492200, 3712600;

491800, 3712600; 491800, 3712400;

491300, 3712400; 491300, 3712200;

491100, 3712200; 491100, 3712100;

491000, 3712100; 491000, 3712000;

490900, 3712000; 490900, 3711900;

490600, 3711900; 490600, 3712600;

490700, 3712600; 490700, 3713100;

490800, 3713100; 490800, 3713300;

490900, 3713300; 490900, 3713500;

491000, 3713500; 491000, 3713700;

491100, 3713700; 491100, 3713900;

491200, 3713900; 491200, 3714100;

490600, 3714100; 490600, 3714900;

489900, 3714900; 489900, 3714100;

489200, 3714100; 489200, 3712000;

488800, 3712000; 488800, 3712500;

488700, 3712500; 488700, 3712600;

488600, 3712600; 488600, 3713100;

488400, 3713100; 488400, 3712900;

488200, 3712900; 488200, 3712800;

488100, 3712800; 488100, 3712700;

488200, 3712700; 488200, 3712500;

487600, 3712500; 487600, 3712300;

487500, 3712300; 487500, 3712000;

487600, 3712000; 487600, 3711900;

487700, 3711900; 487700, 3711800;

487900, 3711800; 487900, 3711700;

488000, 3711700; 488000, 3711600;

488100, 3711600; 488100, 3711500;

488200, 3711500; 488200, 3711400;

488100, 3711400; 488100, 3711300;

488000, 3711300; 488000, 3711200;

487900, 3711200; 487900, 3711000;

487700, 3711000; 487700, 3710900;

487400, 3710900; 487400, 3711000;

487200, 3711000; 487200, 3711100;

487100, 3711100; 487100, 3711200;

486900, 3711200; 486900, 3711300;

486600, 3711300; 486600, 3711200;

486500, 3711200; 486500, 3711100;

486400, 3711100; 486400, 3711000;

486300, 3711000; 486300, 3710900;

486200, 3710900; 486200, 3710800;

486100, 3710800; 486100, 3710600;

486000, 3710600; 486000, 3710400;

485900, 3710400; 485900, 3710200;

485800, 3710200; 485800, 3710100;

485700, 3710100; 485700, 3709900;

485600, 3709900; 485600, 3709800;

485500, 3709800; 485500, 3709900;

485400, 3709900; 485400, 3710000;

485100, 3710000; 485100, 3709900;

485000, 3709900; 485000, 3709800;

484900, 3709800; 484900, 3709700;

485000, 3709700; 485000, 3709500;

485100, 3709500; 485100, 3709400;

485000, 3709400; 485000, 3709300;

484900, 3709300; 484900, 3709400;

484800, 3709400; 484800, 3709500;

484700, 3709500; 484700, 3709700;

484600, 3709700; 484600, 3709900;

484500, 3709900; 484500, 3710000;

484400, 3710000; 484400, 3710200;

484300, 3710200; 484300, 3710400;

484200, 3710400; 484200, 3710500;

484100, 3710500; 484100, 3710700;

484000, 3710700; 484000, 3710900;

483900, 3710900; 483900, 3711000;

483800, 3711000; 483800, 3711200;

483700, 3711200; 483700, 3711400;

483600, 3711400; 483600, 3711600;

483500, 3711600; 483500, 3711700;

483400, 3711700; 483400, 3711900;

483300, 3711900; 483300, 3712200;

483400, 3712200; 483400, 3712300;

483500, 3712300; 483500, 3712400;

483600, 3712400; 483600, 3712500;

483800, 3712500; 483800, 3712600;

483900, 3712600; 483900, 3712800;

484200, 3712800; 484200, 3712700;

484400, 3712700; 484400, 3712600;

484700, 3712600; 484700, 3712700;

484800, 3712700; 484800, 3712800;

485000, 3712800; 485000, 3712900;

484900, 3712900; 484900, 3713100;

485000, 3713100; 485000, 3713900;

484800, 3713900; 484800, 3714100;

484700, 3714100; 484700, 3714500;

484300, 3714500; 484300, 3714800;

484200, 3714800; 484200, 3715100;

484100, 3715100; 484100, 3715400;

484000, 3715400; 484000, 3715300;

483800, 3715300; 483800, 3715100;

483600, 3715100; 483600, 3715300;

483700, 3715300; 483700, 3715400;

483600, 3715400; 483600, 3715500;

483500, 3715500; 483500, 3715400;

483400, 3715400; 483400, 3715800;

483500, 3715800; 483500, 3716000;

483600, 3716000; 483600, 3716100;

483800, 3716100; 483800, 3715900;

483900, 3715900; 483900, 3715800;

484100, 3715800; 484100, 3716700;

484400, 3716700; 484400, 3716600;

484600, 3716600; 484600, 3716500;

484800, 3716500; 484800, 3716700;

484900, 3716700; 484900, 3717300;

483900, 3717300; 483900, 3717400;

484000, 3717400; 484000, 3717500;

483900, 3717500; 483900, 3717600;

484000, 3717600; 484000, 3717800;

484100, 3717800; 484100, 3718300;

484200, 3718300; 484200, 3721200;

484300, 3721200; 484300, 3721300;

484500, 3721300; 484500, 3721400;

484600, 3721400; 484600, 3721500;

485700, 3721500; 485700, 3722200;

486600, 3722200; 486600, 3722100;

487100, 3722100; 487100, 3722000;

487400, 3722000; 487400, 3721900;

487500, 3721900; 487500, 3721700;

487400, 3721700; 487400, 3721600;

487600, 3721600; 487600, 3722200;

488400, 3722200; 488400, 3722100;

488500, 3722100; 488500, 3721900;

488400, 3721900; 488400, 3721800;

488300, 3721800; 488300, 3721700;

488600, 3721700; 488600, 3721500;

488700, 3721500; 488700, 3720700;

489000, 3720700; 489000, 3721500;

489400, 3721500; 489400, 3721700;

489800, 3721700; 489800, 3722200;

492100, 3722200; 492100, 3722300;

492400, 3722300; 492400, 3722700;

492500, 3722700; 492500, 3722800;

492800, 3722800; 492800, 3722900;

493200, 3722900; 493200, 3723000;

493700, 3723000; 493700, 3723100;

494300, 3723100; 494300, 3723200;

495500, 3723200; 495500, 3723100;

496100, 3723100; 496100, 3723000;

496400, 3723000; 496400, 3722900;

496700, 3722900; 496700, 3722800;

496900, 3722800; 496900, 3722700;

497700, 3722700; 497700, 3722600;

498000, 3722600; 498000, 3722500;

498400, 3722500; 498400, 3722400;

498600, 3722400; 498600, 3722300;

498800, 3722300; 498800, 3722200;

499000, 3722200; 499000, 3722100;

499300, 3722100; 499300, 3722000;

499700, 3722000; 499700, 3721900;

500000, 3721900; 500000, 3721800;

500200, 3721800; 500200, 3721700;

500500, 3721700; 500500, 3721600;

500700, 3721600; 500700, 3721500;

Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules 9499

500900, 3721500; 500900, 3721400;

501000, 3721400; 501000, 3721300;

501100, 3721300; 501100, 3721200;

501300, 3721200; 501300, 3721100;

501400, 3721100; 501400, 3721000;

501500, 3721000; 501500, 3720900;

501600, 3720900; 501600, 3720800;

501700, 3720800; 501700, 3720700;

501800, 3720700; 501800, 3720600;

501900, 3720600; 501900, 3720500;

502000, 3720500; 502000, 3720400;

502100, 3720400; 502100, 3720300;

502300, 3720300; 502300, 3720400;

502400, 3720400; 502400, 3720500;

502500, 3720500; 502500, 3720600;

502700, 3720600; 502700, 3720700;

502800, 3720700; 502800, 3720800;

502900, 3720800; 502900, 3720900;

503100, 3720900; 503100, 3721000;

503300, 3721000; 503300, 3721100;

503500, 3721100; 503500, 3721200;

503700, 3721200; 503700, 3721300;

504100, 3721300; 504100, 3721400;

504400, 3721400; 504400, 3721500;

505200, 3721500; 505200, 3721600;

505800, 3721600; 505800, 3721500;

505900, 3721500; 505900, 3721700;

505800, 3721700; 505800, 3721800;

505900, 3721800; 505900, 3722300;

506000, 3722300; 506000, 3722400;

506100, 3722400; 506100, 3722600;

506000, 3722600; 506000, 3722800;

506100, 3722800; 506100, 3722900;

506000, 3722900; 506000, 3723200;

505900, 3723200; 505900, 3723300;

506000, 3723300; 506000, 3723500;

505900, 3723500; 505900, 3724000;

506000, 3724000; 506000, 3724200;

505900, 3724200; 505900, 3724300;

505600, 3724300; 505600, 3724800;

506000, 3724800; 506000, 3725100;

505900, 3725100; 505900, 3725600;

506300, 3725600; 506300, 3725500;

506700, 3725500; 506700, 3725900;

506600, 3725900; 506600, 3728100;

506700, 3728100; 506700, 3728400;

506800, 3728400; 506800, 3728800;

506900, 3728800; 506900, 3729000;

507000, 3729000; 507000, 3729300;

507100, 3729300; 507100, 3729500;

507600, 3729500; 507600, 3729400;

508000, 3729400; 508000, 3729300;

508200, 3729300; 508200, 3729200;

508600, 3729200; 508600, 3729100;

508700, 3729100; 508700, 3729000;

509100, 3729000; 509100, 3729100;

509200, 3729100; 509200, 3729300;

509300, 3729300; 509300, 3729400;

509400, 3729400; 509400, 3729500;

509500, 3729500; 509500, 3729600;

509700, 3729600; 509700, 3729700;

509900, 3729700; 509900, 3729800;

510000, 3729800; 510000, 3729900;

510300, 3729900; 510300, 3730000;

510600, 3730000; 510600, 3730100;

510700, 3730100; 510700, 3730000;

510800, 3730000; 510800, 3730200;

510900, 3730200; 510900, 3730300;

511100, 3730300; 511100, 3730100;

511200, 3730100; 511200, 3730000;

511400, 3730000; 511400, 3729900;

511500, 3729900; 511500, 3729800;

511600, 3729800; 511600, 3729700;

512000, 3729700; 512000, 3729600;

512300, 3729600; 512300, 3729500;

512500, 3729500; 512500, 3729400;

512600, 3729400; 512600, 3729300;

512700, 3729300; 512700, 3729200;

512900, 3729200; 512900, 3729100;

513000, 3729100; 513000, 3729000;

513200, 3729000; 513200, 3728900;

513300, 3728900; 513300, 3728800;

513500, 3728800; 513500, 3728700;

513600, 3728700; 513600, 3728500;

513700, 3728500; 513700, 3728400;

513800, 3728400; 513800, 3728300;

513900, 3728300; 513900, 3728100;

514000, 3728100; 514000, 3728000;

514100, 3728000; 514100, 3727800;

514200, 3727800; 514200, 3727600;

514300, 3727600; 514300, 3727500;

514400, 3727500; 514400, 3727400;

514600, 3727400; 514600, 3727300;

514700, 3727300; 514700, 3727000;

514800, 3727000; 514800, 3726800;

514700, 3726800; 514700, 3726700;

514600, 3726700; 514600, 3726400;

514500, 3726400; 514500, 3726200;

514400, 3726200; 514400, 3726000;

514300, 3726000; 514300, 3725400;

514400, 3725400; 514400, 3724400;

514500, 3724400; 514500, 3724100;

514600, 3724100; 514600, 3724000;

514700, 3724000; 514700, 3723700;

514600, 3723700; 514600, 3723500;

514500, 3723500; 514500, 3723300;

514400, 3723300; 514400, 3723200;

514300, 3723200; 514300, 3723100;

514400, 3723100; 514400, 3722700;

514200, 3722700; 514200, 3722600;

514100, 3722600; 514100, 3722500;

513900, 3722500; 513900, 3722400;

513700, 3722400; 513700, 3722300;

513500, 3722300; 513500, 3722200;

513300, 3722200; 513300, 3722100;

513100, 3722100; 513100, 3722000;

512700, 3722000; 512700, 3721900;

512600, 3721900; 512600, 3721800;

512500, 3721800; 512500, 3721100;

512400, 3721100; 512400, 3720900;

512000, 3720900; 512000, 3720800;

512100, 3720800; 512100, 3720600;

512200, 3720600; 512200, 3720100;

512000, 3720100; 512000, 3720000;

511800, 3720000; 511800, 3719600;

511700, 3719600; 511700, 3719500;

511400, 3719500; 511400, 3719300;

511300, 3719300; 511300, 3718900;

511200, 3718900; 511200, 3718800;

511100, 3718800; 511100, 3718700;

511000, 3718700; 511000, 3718600;

510900, 3718600; 510900, 3718400;

510600, 3718400; 510600, 3718500;

510500, 3718500; 510500, 3718600;

510400, 3718600; 510400, 3718500;

510300, 3718500; 510300, 3718400;

510200, 3718400; 510200, 3718300;

510300, 3718300; 510300, 3717900;

510400, 3717900; 510400, 3717400;

510500, 3717400; 510500, 3717100;

510600, 3717100; 510600, 3717000;

510800, 3717000; 510800, 3716900;

510900, 3716900; 510900, 3716800;

511000, 3716800; 511000, 3716700;

511100, 3716700; 511100, 3716600;

511200, 3716600; 511200, 3716500;

511300, 3716500; 511300, 3716400;

511400, 3716400; 511400, 3716300;

511500, 3716300; 511500, 3716200;

511600, 3716200; 511600, 3716100;

511700, 3716100; 511700, 3715900;

511800, 3715900; 511800, 3715800;

511900, 3715800; 511900, 3715600;

512000, 3715600; 512000, 3715400;

512100, 3715400; 512100, 3715200;

512200, 3715200; 512200, 3715000;

512300, 3715000; 512300, 3714800;

512400, 3714800; 512400, 3714400;

512500, 3714400; 512500, 3714200;

512900, 3714200; 512900, 3714100;

513600, 3714100; 513600, 3714000;

514000, 3714000; 514000, 3713900;

514300, 3713900; 514300, 3713800;

514500, 3713800; 514500, 3713700;

514700, 3713700; 514700, 3713600;

514900, 3713600; 514900, 3713500;

515100, 3713500; 515100, 3713400;

515200, 3713400; 515200, 3713300;

515400, 3713300; 515400, 3713200;

515500, 3713200; 515500, 3713100;

515600, 3713100; 515600, 3712500;

515500, 3712500; 515500, 3712200;

515400, 3712200; 515400, 3711900;

515300, 3711900; 515300, 3711700;

515200, 3711700; 515200, 3711600;

515100, 3711600; 515100, 3711500;

514900, 3711500; 514900, 3711100;

514800, 3711100; 514800, 3710900;

514700, 3710900; 514700, 3710800;

514600, 3710800; 514600, 3710700;

514500, 3710700; 514500, 3710500;

514300, 3710500; 514300, 3710400;

514400, 3710400; 514400, 3710300;

514700, 3710300; 514700, 3710200;

514900, 3710200; 514900, 3710100;

515100, 3710100; 515100, 3710000;

515300, 3710000; 515300, 3709600;

515500, 3709600; 515500, 3709500;

515800, 3709500; 515800, 3709300;

516700, 3709300; 516700, 3708500;

516600, 3708500; 516600, 3706400;

516700, 3706400; 516700, 3705900;

516800, 3705900; 516800, 3705700;

516900, 3705700; 516900, 3705600;

517000, 3705600; 517000, 3705300;

516900, 3705300; 516900, 3705200;

517000, 3705200; 517000, 3704900;

517300, 3704900; 517300, 3704800;

518100, 3704800; 518100, 3705000;

518300, 3705000; 518300, 3705100;

518400, 3705100; 518400, 3705400;

518500, 3705400; 518500, 3705700;

518600, 3705700; 518600, 3706100;

518700, 3706100; 518700, 3706400;

9500 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules

518800, 3706400; 518800, 3706800;

519000, 3706800; 519000, 3706700;

519300, 3706700; 519300, 3706600;

519800, 3706600; 519800, 3707700;

519700, 3707700; 519700, 3709500;

519800, 3709500; 519800, 3709600;

520300, 3709600; 520300, 3709700;

520400, 3709700; 520400, 3709800;

520600, 3709800; 520600, 3709900;

520800, 3709900; 520800, 3710000;

521000, 3710000; 521000, 3710100;

521600, 3710100; 521600, 3710200;

521800, 3710200; 521800, 3710100;

522000, 3710100; 522000, 3710200;

522500, 3710200; 522500, 3710300;

522900, 3710300; 522900, 3710400;

523300, 3710400; 523300, 3710300;

523600, 3710300; 523600, 3710100;

523700, 3710100; 523700, 3710000;

524000, 3710000; 524000, 3710100;

525000, 3710100; 525000, 3710000;

525100, 3710000; 525100, 3709900;

525300, 3709900; 525300, 3709800;

525600, 3709800; 525600, 3709700;

525700, 3709700; 525700, 3709600;

525800, 3709600; 525800, 3709500;

526000, 3709500; 526000, 3709400;

526100, 3709400; 526100, 3709300;

526300, 3709300; 526300, 3709200;

526400, 3709200; 526400, 3709100;

526600, 3709100; 526600, 3708900;

526700, 3708900; 526700, 3708700;

527100, 3708700; 527100, 3708600;

527800, 3708600; 527800, 3708700;

527900, 3708700; 527900, 3708800;

528600, 3708800; 528600, 3709200;

528500, 3709200; 528500, 3709400;

528400, 3709400; 528400, 3709700;

528300, 3709700; 528300, 3710000;

528400, 3710000; 528400, 3710100;

528500, 3710100; 528500, 3710200;

528600, 3710200; 528600, 3710300;

528700, 3710300; 528700, 3710500;

529400, 3710500; 529400, 3710400;

529500, 3710400; 529500, 3710200;

529700, 3710200; 529700, 3710100;

529800, 3710100; 529800, 3710000;

529900, 3710000; 529900, 3709900;

530100, 3709900; 530100, 3709800;

530200, 3709800; 530200, 3709700;

530300, 3709700; 530300, 3709600;

530500, 3709600; 530500, 3709500;

530600, 3709500; 530600, 3709400;

530800, 3709400; 530800, 3709200;

530900, 3709200; 530900, 3709100;

531000, 3709100; 531000, 3709000;

531100, 3709000; 531100, 3708800;

531300, 3708800; 531300, 3708900;

532000, 3708900; 532000, 3708800;

532200, 3708800; 532200, 3708700;

532300, 3708700; 532300, 3708600;

532400, 3708600; 532400, 3708400;

532500, 3708400; 532500, 3708300;

532600, 3708300; 532600, 3708000;

532500, 3708000; 532500, 3707600;

532600, 3707600; 532600, 3707400;

532800, 3707400; 532800, 3707300;

533000, 3707300; 533000, 3707100;

533100, 3707100; 533100, 3706800;

533200, 3706800; 533200, 3706700;

533300, 3706700; 533300, 3706600;

533400, 3706600; 533400, 3706500;

533500, 3706500; 533500, 3706200;

531000, 3706200; 531000, 3705700;

531100, 3705700; 531100, 3705100;

531200, 3705100; 531200, 3705000;

531700, 3705000; 531700, 3703600;

531800, 3703600; 531800, 3703400;

532000, 3703400; 532000, 3703300;

532100, 3703300; 532100, 3703200;

532200, 3703200; 532200, 3702900;

532300, 3702900; 532300, 3702600;

532500, 3702600; 532500, 3700000;

532600, 3700000; 532600, 3697800;

531900, 3697800; 531900, 3697900;

531300, 3697900; 531300, 3698000;

530800, 3698000; 530800, 3697900;

530300, 3697900; 530300, 3698000;

529700, 3698000; 529700, 3697900;

529600, 3697900; 529600, 3697600;

528900, 3697600; 528900, 3697700;

528600, 3697700; 528600, 3697800;

528200, 3697800; 528200, 3697900;

528000, 3697900; 528000, 3698000;

527800, 3698000; 527800, 3698100;

527600, 3698100; 527600, 3698200;

527400, 3698200; 527400, 3698100;

527300, 3698100; 527300, 3698200;

527200, 3698200; 527200, 3698000;

526900, 3698000; 526900, 3697800;

526700, 3697800; 526700, 3697400;

526600, 3697400; 526600, 3697200;

526400, 3697200; 526400, 3697000;

526000, 3697000; 526000, 3697100;

525700, 3697100; 525700, 3697000;

525200, 3697000; 525200, 3697100;

525100, 3697100; 525100, 3697300;

524700, 3697300; 524700, 3697400;

524400, 3697400; 524400, 3697500;

524100, 3697500; 524100, 3697300;

524000, 3697300; 524000, 3697200;

523900, 3697200; 523900, 3697000;

523800, 3697000; 523800, 3696700;

523700, 3696700; 523700, 3696500;

523600, 3696500; 523600, 3696300;

523500, 3696300; 523500, 3696200;

523200, 3696200; 523200, 3696300;

523000, 3696300; 523000, 3694700;

522900, 3694700; 522900, 3694400;

522800, 3694400; 522800, 3694000;

522700, 3694000; 522700, 3693800;

522600, 3693800; 522600, 3693600;

522500, 3693600; 522500, 3693300;

522400, 3693300; 522400, 3693200;

522300, 3693200; 522300, 3693000;

522200, 3693000; 522200, 3692900;

522100, 3692900; 522100, 3692700;

522000, 3692700; 522000, 3692600;

521900, 3692600; 521900, 3692500;

521800, 3692500; 521800, 3692400;

521700, 3692400; 521700, 3692300;

521600, 3692300; 521600, 3692200;

521500, 3692200; 521500, 3692100;

521400, 3692100; 521400, 3692000;

521300, 3692000; 521300, 3691900;

521200, 3691900; 521200, 3691800;

521000, 3691800; 521000, 3691700;

520800, 3691700; 520800, 3691600;

520600, 3691600; 520600, 3692400;

520500, 3692400; 520500, 3692300;

519800, 3692300; 519800, 3693000;

519000, 3693000; 519000, 3693800;

518200, 3693800; 518200, 3694500;

518300, 3694500; 518300, 3694600;

517400, 3694600; 517400, 3695300;

515900, 3695300; 515900, 3696100;

514200, 3696100; 514200, 3696900;

514000, 3696900; 514000, 3696800;

513400, 3696800; 513400, 3698500;

514000, 3698500; 514000, 3698600;

513900, 3698600; 513900, 3698700;

514000, 3698700; 514000, 3698800;

513400, 3698800; 513400, 3699000;

513300, 3699000; 513300, 3699200;

513200, 3699200; 513200, 3699500;

513400, 3699500; 513400, 3699400;

513500, 3699400; 513500, 3699300;

513600, 3699300; 513600, 3699200;

513900, 3699200; 513900, 3699300;

514000, 3699300; 514000, 3699600;

513900, 3699600; 513900, 3699700;

513800, 3699700; 513800, 3699800;

513500, 3699800; 513500, 3699900;

513400, 3699900; 513400, 3700000;

513500, 3700000; 513500, 3700100;

513700, 3700100; 513700, 3700300;

513600, 3700300; 513600, 3700500;

513700, 3700500; 513700, 3700600;

513800, 3700600; 513800, 3701000;

513600, 3701000; 513600, 3701200;

513500, 3701200; 513500, 3701600;

513600, 3701600; 513600, 3702400;

513400, 3702400; 513400, 3702000;

513300, 3702000; 513300, 3701900;

513400, 3701900; 513400, 3701700;

513200, 3701700; 513200, 3701500;

513300, 3701500; 513300, 3701100;

513400, 3701100; 513400, 3700400;

513300, 3700400; 513300, 3700300;

513200, 3700300; 513200, 3699900;

513000, 3699900; 513000, 3700000;

512800, 3700000; 512800, 3700100;

512500, 3700100; 512500, 3700200;

512300, 3700200; 512300, 3700300;

512100, 3700300; 512100, 3700600;

512200, 3700600; 512200, 3700700;

511900, 3700700; 511900, 3700900;

512100, 3700900; 512100, 3701000;

512500, 3701000; 512500, 3701200;

511800, 3701200; 511800, 3700200;

511600, 3700200; 511600, 3700400;

511100, 3700400; 511100, 3700200;

511000, 3700200; 511000, 3700300;

510700, 3700300; 510700, 3700400;

510600, 3700400; 510600, 3700500;

510700, 3700500; 510700, 3700600;

510800, 3700600; 510800, 3700700;

510900, 3700700; 510900, 3701000;

510800, 3701000; 510800, 3701100;

510700, 3701100; 510700, 3701200;

510600, 3701200; 510600, 3701100;

510500, 3701100; 510500, 3701000;

510400, 3701000; 510400, 3701100;

510300, 3701100; 510300, 3701500;

Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules 9501

510400, 3701500; 510400, 3701800;

510200, 3701800; 510200, 3701700;

510100, 3701700; 510100, 3701600;

509800, 3701600; 509800, 3701500;

509500, 3701500; 509500, 3701600;

509400, 3701600; 509400, 3701700;

509300, 3701700; 509300, 3701800;

509200, 3701800; 509200, 3701900;

509100, 3701900; 509100, 3702100;

509000, 3702100; 509000, 3702000;

508600, 3702000; 508600, 3702100;

508500, 3702100; 508500, 3702200;

508300, 3702200; 508300, 3702500;

508200, 3702500; 508200, 3702700;

508100, 3702700; 508100, 3702600;

507700, 3702600; 507700, 3702700;

507600, 3702700; 507600, 3702800;

506900, 3702800; 506900, 3702900;

506500, 3702900; 506500, 3703000;

506300, 3703000; 506300, 3703300;

506200, 3703300; 506200, 3703400;

506300, 3703400; 506300, 3703500;

506200, 3703500; 506200, 3703600;

505900, 3703600; 505900, 3703700;

505600, 3703700; 505600, 3703600;

504900, 3703600; 504900, 3703700;

504300, 3703700; 504300, 3703800;

504200, 3703800; 504200, 3704000;

504100, 3704000; 504100, 3704700;

504000, 3704700; 504000, 3704800;

503900, 3704800; 503900, 3705000;

504200, 3705000; 504200, 3705100;

504400, 3705100; 504400, 3705200;

504500, 3705200; 504500, 3705300;

504600, 3705300; 504600, 3705400;

504700, 3705400; 504700, 3705500;

505000, 3705500; 505000, 3705600;

505200, 3705600; 505200, 3705700;

505300, 3705700; 505300, 3705800;

505600, 3705800; 505600, 3705900;

505800, 3705900; 505800, 3705600;

505900, 3705600; 505900, 3705200;

506000, 3705200; 506000, 3705100;

506300, 3705100; 506300, 3705800;

506200, 3705800; 506200, 3705900;

506000, 3705900; 506000, 3706100;

505800, 3706100; 505800, 3706200;

505700, 3706200; 505700, 3706300;

505600, 3706300; 505600, 3706200;

505500, 3706200; 505500, 3706100;

505400, 3706100; 505400, 3706000;

505300, 3706000; 505300, 3705900;

505200, 3705900; 505200, 3705800;

504800, 3705800; 504800, 3705900;

504700, 3705900; 504700, 3706200;

504600, 3706200; 504600, 3706100;

504500, 3706100; 504500, 3706000;

504400, 3706000; 504400, 3705900;

504300, 3705900; 504300, 3705800;

503400, 3705800; 503400, 3705900;

503300, 3705900; 503300, 3706000;

502900, 3706000; 502900, 3706300;

502400, 3706300; 502400, 3706200;

502200, 3706200; 502200, 3705800;

502100, 3705800; 502100, 3705500;

502000, 3705500; 502000, 3705200;

501900, 3705200; 501900, 3704900;

502000, 3704900; 502000, 3704600;

502200, 3704600; 502200, 3704800;

502300, 3704800; 502300, 3705100;

502400, 3705100; 502400, 3705200;

502500, 3705200; 502500, 3705400;

502400, 3705400; 502400, 3705600;

502700, 3705600; 502700, 3704900;

502800, 3704900; 502800, 3704800;

503100, 3704800; 503100, 3704700;

503300, 3704700; 503300, 3704600;

503500, 3704600; 503500, 3704500;

503800, 3704500; 503800, 3703700;

503900, 3703700; 503900, 3703600;

504000, 3703600; 504000, 3703500;

504100, 3703500; 504100, 3703400;

504400, 3703400; 504400, 3703300;

504300, 3703300; 504300, 3703200;

504100, 3703200; 504100, 3703100;

504000, 3703100; 504000, 3703000;

503800, 3703000; 503800, 3702900;

503600, 3702900; 503600, 3702800;

503100, 3702800; 503100, 3702700;

502200, 3702700; 502200, 3702800;

501800, 3702800; 501800, 3702900;

501500, 3702900; 501500, 3703000;

500300, 3703000; 500300, 3703100;

499400, 3703100; 499400, 3703200;

499100, 3703200; 499100, 3703300;

498600, 3703300; 498600, 3703400;

498400, 3703400; 498400, 3703500;

498300, 3703500; 498300, 3703600;

498200, 3703600; 498200, 3703700;

498000, 3703700; 498000, 3703800;

497800, 3703800; 497800, 3703900;

497600, 3703900; 497600, 3704000;

497400, 3704000; 497400, 3704100;

497300, 3704100; 497300, 3704200;

497000, 3704200; 497000, 3704300;

496800, 3704300; 496800, 3704400;

496600, 3704400; 496600, 3704500;

496500, 3704500; 496500, 3704600;

496300, 3704600; 496300, 3704700;

496200, 3704700; 496200, 3704800;

496100, 3704800; 496100, 3704900;

496000, 3704900; 496000, 3705000;

495800, 3705000; 495800, 3705100;

495500, 3705100; 495500, 3705200;

495200, 3705200; 495200, 3705300;

495100, 3705300; 495100, 3705700;

495200, 3705700; 495200, 3705900;

495300, 3705900; 495300, 3706500;

495200, 3706500; 495200, 3706600;

495300, 3706600; 495300, 3706900;

495500, 3706900; 495500, 3707000;

495800, 3707000; 495800, 3707100;

495900, 3707100; 495900, 3707200;

495800, 3707200; 495800, 3707300;

495700, 3707300; 495700, 3707500;

495500, 3707500; 495500, 3707800;

495600, 3707800; 495600, 3708000;

495900, 3708000; 495900, 3708100;

495700, 3708100; 495700, 3708400;

495800, 3708400; 495800, 3708500;

496100, 3708500; 496100, 3708800;

496300, 3708800; 496300, 3708700;

496400, 3708700; 496400, 3708500;

496700, 3708500; 496700, 3708400;

496600, 3708400; 496600, 3708200;

496500, 3708200; 496500, 3708100;

496400, 3708100; 496400, 3708000;

496300, 3708000; 496300, 3707700;

496600, 3707700; 496600, 3707900;

496800, 3707900; 496800, 3708000;

497000, 3708000; 497000, 3707900;

497100, 3707900; 497100, 3707800;

496800, 3707800; 496800, 3707500;

497200, 3707500; 497200, 3707800;

497300, 3707800; 497300, 3707700;

497400, 3707700; 497400, 3707800;

497700, 3707800; 497700, 3707900;

497800, 3707900; 497800, 3708000;

497900, 3708000; 497900, 3708100;

498000, 3708100; 498000, 3708200;

498200, 3708200; 498200, 3708300;

498300, 3708300; 498300, 3708400;

498200, 3708400; 498200, 3709200;

498300, 3709200; 498300, 3709500;

498800, 3709500; 498800, 3709600;

499400, 3709600; 499400, 3709500;

499600, 3709500; 499600, 3709400;

499700, 3709400; 499700, 3709600;

499800, 3709600; 499800, 3709800;

500000, 3709800; 500000, 3710000;

500100, 3710000; 500100, 3710100;

500300, 3710100; 500300, 3710000;

500400, 3710000; 500400, 3710200;

500500, 3710200; 500500, 3710300;

500400, 3710300; 500400, 3710500;

500500, 3710500; 500500, 3710600;

501000, 3710600; 501000, 3710700;

501200, 3710700; 501200, 3710600;

501300, 3710600; 501300, 3710500;

501600, 3710500; 501600, 3710300;

501700, 3710300; 501700, 3710600;

503200, 3710600; 503200, 3710700;

503400, 3710700; 503400, 3710800;

503700, 3710800; 503700, 3710900;

503800, 3710900; 503800, 3711000;

504000, 3711000; 504000, 3711100;

504200, 3711100; 504200, 3711200;

504300, 3711200; 504300, 3711300;

504600, 3711300; 504600, 3711500;

504700, 3711500; 504700, 3711700;

504800, 3711700; 504800, 3711900;

505000, 3711900; 505000, 3711800;

505300, 3711800; 505300, 3711900;

505100, 3711900; 505100, 3712100;

504200, 3712100; 504200, 3712200;

504100, 3712200; 504100, 3712300;

503700, 3712300; 503700, 3712400;

503400, 3712400; 503400, 3712500;

503300, 3712500; 503300, 3712600;

502900, 3712600; 502900, 3712700;

502600, 3712700; 502600, 3712800;

502400, 3712800; 502400, 3712900;

501400, 3712900; 501400, 3713000;

501300, 3713000; 501300, 3712900;

501200, 3712900; 501200, 3712800;

501100, 3712800; 501100, 3712600;

501300, 3712600; 501300, 3712400;

501200, 3712400; 501200, 3712300;

500900, 3712300; 500900, 3712400;

500800, 3712400; 500800, 3712500;

500500, 3712500; 500500, 3712600;

500600, 3712600; 500600, 3712800;

500800, 3712800; 500800, 3712900;

500900, 3712900; 500900, 3713700;

9502 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules

501100, 3713700; 501100, 3713800;

500900, 3713800; 500900, 3713900;

500700, 3713900; 500700, 3714100;

500600, 3714100; 500600, 3714000;

500400, 3714000; 500400, 3714100;

500300, 3714100; 500300, 3714400;

500200, 3714400; 500200, 3714600;

500500, 3714600; 500500, 3714700;

501100, 3714700; 501100, 3714600;

501200, 3714600; 501200, 3714500;

501500, 3714500; 501500, 3714400;

501700, 3714400; 501700, 3714300;

501800, 3714300; 501800, 3714500;

502000, 3714500; 502000, 3714400;

502100, 3714400; 502100, 3714500;

502200, 3714500; 502200, 3714600;

502400, 3714600; 502400, 3714700;

502900, 3714700; 502900, 3714600;

503500, 3714600; 503500, 3715000;

503600, 3715000; 503600, 3714900;

503800, 3714900; 503800, 3715000;

503700, 3715000; 503700, 3715100;

503600, 3715100; 503600, 3715300;

503900, 3715300; 503900, 3715400;

503000, 3715400; 503000, 3715900;

503100, 3715900; 503100, 3716000;

503200, 3716000; 503200, 3716100;

502800, 3716100; 502800, 3715900;

501800, 3715900; 501800, 3716200;

501700, 3716200; 501700, 3716300;

501400, 3716300; 501400, 3716200;

501500, 3716200; 501500, 3716100;

501600, 3716100; 501600, 3716000;

501500, 3716000; 501500, 3715900;

501200, 3715900; 501200, 3715800;

501100, 3715800; 501100, 3715600;

501000, 3715600; 501000, 3715400;

500800, 3715400; 500800, 3715500;

500700, 3715500; 500700, 3715600;

500600, 3715600; 500600, 3715800;

500500, 3715800; 500500, 3715600;

500300, 3715600; 500300, 3715500;

500100, 3715500; 500100, 3715300;

499800, 3715300; 499800, 3715400;

499400, 3715400; 499400, 3714800;

499200, 3714800; 499200, 3714500;

499100, 3714500; 499100, 3714400;

499000, 3714400; 499000, 3714200;

498900, 3714200; 498900, 3714100;

498800, 3714100; 498800, 3713900;

498900, 3713900; 498900, 3713800;

498800, 3713800; 498800, 3713600;

498600, 3713600; 498600, 3713500;

498500, 3713500; 498500, 3713400;

498400, 3713400; 498400, 3713300;

498200, 3713300; 498200, 3713200;

497400, 3713200; 497400, 3713100;

497200, 3713100; 497200, 3713400;

498000, 3713400; 498000, 3713500;

498100, 3713500; 498100, 3713700;

497100, 3713700; 497100, 3714100;

496700, 3714100; 496700, 3713800;

496600, 3713800; 496600, 3713700;

496500, 3713700; 496500, 3713500;

496300, 3713500; 496300, 3713400;

496000, 3713400; 496000, 3713300;

495600, 3713300; 495600, 3712300;

495500, 3712300; excluding land

bounded by 497100, 3717300; 496900,

3717300; 496900, 3717400; 496700,

3717400; 496700, 3717300; 496300,

3717300; 496300, 3717000; 496000,

3717000; 496000, 3717100; 495800,

3717100; 495800, 3717000; 495400,

3717000; 495400, 3716900; 494600,

3716900; 494600, 3716800; 494300,

3716800; 494300, 3716900; 494200,

3716900; 494200, 3716800; 494100,

3716800; 494100, 3716700; 493800,

3716700; 493800, 3716900; 493700,

3716900; 493700, 3717000; 493600,

3717000; 493600, 3717100; 493500,

3717100; 493500, 3717000; 493400,

3717000; 493400, 3716800; 493300,

3716800; 493300, 3715900; 492600,

3715900; 492600, 3715800; 492500,

3715800; 492500, 3715700; 492400,

3715700; 492400, 3715100; 492100,

3715100; 492100, 3714900; 492000,

3714900; 492000, 3714700; 491800,

3714700; 491800, 3714600; 492100,

3714600; 492100, 3714800; 492300,

3714800; 492300, 3714900; 492500,

3714900; 492500, 3714700; 492700,

3714700; 492700, 3715200; 492900,

3715200; 492900, 3715100; 493000,

3715100; 493000, 3715300; 492900,

3715300; 492900, 3715400; 492800,

3715400; 492800, 3715500; 492900,

3715500; 492900, 3715700; 493100,

3715700; 493100, 3715800; 493300,

3715800; 493300, 3715700; 493400,

3715700; 493400, 3715600; 493600,

3715600; 493600, 3715700; 493800,

3715700; 493800, 3715800; 493900,

3715800; 493900, 3715700; 494000,

3715700; 494000, 3715800; 494300,

3715800; 494300, 3715700; 494400,

3715700; 494400, 3715800; 494500,

3715800; 494500, 3715700; 494600,

3715700; 494600, 3715800; 494800,

3715800; 494800, 3715600; 495000,

3715600; 495000, 3715500; 495400,

3715500; 495400, 3715600; 495600,

3715600; 495600, 3715800; 495700,

3715800; 495700, 3715700; 496500,

3715700; 496500, 3715600; 496700,

3715600; 496700, 3715700; 496800,

3715700; 496800, 3715900; 497000,

3715900; 497000, 3716100; 497100,

3716100; 497100, 3716200; 496800,

3716200; 496800, 3716300; 496600,

3716300; 496600, 3716400; 496700,

3716400; 496700, 3716800; 496600,

3716800; 496600, 3717000; 496700,

3717000; 496700, 3717200; 497000,

3717200; 497000, 3717100; 497100,

3717100; 497100, 3717300; land

bounded by 500600, 3715800; 500700,

3715800; 500700, 3715900; 500600,

3715900; 500600, 3715800; land

bounded by 487300, 3715700; 487300,

3715600; 487400, 3715600; 487400,

3715500; 487300, 3715500; 487300,

3715400; 487200, 3715400; 487200,

3715300; 486800, 3715300; 486800,

3715200; 486700, 3715200; 486700,

3714900; 486600, 3714900; 486600,

3714800; 486500, 3714800; 486500,

3714700; 486300, 3714700; 486300,

3714600; 486100, 3714600; 486100,

3714100; 485100, 3714100; 485100,

3714000; 485200, 3714000; 485200,

3713800; 485300, 3713800; 485300,

3713500; 485200, 3713500; 485200,

3713400; 485300, 3713400; 485300,

3713300; 485200, 3713300; 485200,

3713000; 485100, 3713000; 485100,

3712900; 485500, 3712900; 485500,

3712800; 485900, 3712800; 485900,

3712400; 486200, 3712400; 486200,

3712500; 486300, 3712500; 486300,

3712600; 486400, 3712600; 486400,

3712700; 486500, 3712700; 486500,

3712600; 486800, 3712600; 486800,

3712800; 486900, 3712800; 486900,

3712900; 487100, 3712900; 487100,

3712600; 487200, 3712600; 487200,

3712900; 487300, 3712900; 487300,

3713000; 487400, 3713000; 487400,

3713100; 487500, 3713100; 487500,

3713200; 487600, 3713200; 487600,

3713300; 487700, 3713300; 487700,

3713400; 487200, 3713400; 487200,

3713700; 487300, 3713700; 487300,

3714100; 487400, 3714100; 487400,

3714600; 487500, 3714600; 487500,

3715000; 487600, 3715000; 487600,

3715600; 487700, 3715600; 487700,

3715700; 487300, 3715700; land

bounded by 487300, 3715700; 487300,

3716200; 487200, 3716200; 487200,

3716100; 487100, 3716100; 487100,

3716000; 487000, 3716000; 487000,

3715900; 487100, 3715900; 487100,

3715800; 487200, 3715800; 487200,

3715700; 487300, 3715700; land

bounded by 503900, 3715400; 504100,

3715400; 504100, 3715500; 504300,

3715500; 504300, 3715800; 504200,

3715800; 504200, 3715900; 504000,

3715900; 504000, 3715600; 503900,

3715600; 503900, 3715400; land

bounded by 495400, 3712400; 495400,

3712500; 495300, 3712500; 495300,

3712400; 495400, 3712400; land

bounded by 504600, 3711300; 504600,

3711200; 504700, 3711200; 504700,

3711300; 504600, 3711300; land

bounded by 497500, 3707000; 497800,

3707000; 497800, 3707100; 497900,

3707100; 497900, 3707200; 498000,

3707200; 498000, 3707300; 498200,

3707300; 498200, 3707400; 498300,

3707400; 498300, 3707500; 498400,

3707500; 498400, 3707600; 498100,

3707600; 498100, 3707700; 498000,

3707700; 498000, 3707600; 497800,

3707600; 497800, 3707400; 497700,

3707400; 497700, 3707100; 497500,

3707100; 497500, 3707000; land

bounded by 497100, 3706600; 497100,

3706700; 497000, 3706700; 497000,

3706600; 497100, 3706600; land

Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules 9503

bounded by 496700, 3706300; 496800,

3706300; 496800, 3706400; 496700,

3706400; 496700, 3706300; land

bounded by 495900, 3706000; 495700,

3706000; 495700, 3705900; 495900,

3705900; 495900, 3706000; land

bounded by 496100, 3704900; 496200,

3704900; 496200, 3705100; 496100,

3705100; 496100, 3704900; land

bounded by 495500, 3712300; 495500,

3712400; 495400, 3712400; 495400,

3712300; 495500, 3712300; land

bounded by 497300, 3706700; 497400,

3706700; 497400, 3706800; 497500,

3706800; 497500, 3707000; 497300,

3707000; 497300, 3706700; land

bounded by 495900, 3706000; 496000,

3706000; 496000, 3706100; 496300,

3706100; 496300, 3706000; 496400,

3706000; 496400, 3706100; 496500,

3706100; 496500, 3706200; 496700,

3706200; 496700, 3706300; 496500,

3706300; 496500, 3706400; 496300,

3706400; 496300, 3706300; 495900,

3706300; 495900, 3706000; land

bounded by 497100, 3717300; 497300,

3717300; 497300, 3717400; 497100,

3717400; 497100, 3717300; land

bounded by 497300, 3706700; 497200,

3706700; 497200, 3706600; 497100,

3706600; 497100, 3706500; 497000,

3706500; 497000, 3706400; 497100,

3706400; 497100, 3706300; 497200,

3706300; 497200, 3706200; 497300,

3706200; 497300, 3706100; 497500,

3706100; 497500, 3706300; 497400,

3706300; 497400, 3706400; 497300,

3706400; 497300, 3706700; land

bounded by 486600, 3721800; 486600,

3721500; 486700, 3721500; 486700,

3721800; 486600, 3721800; land

bounded by 488600, 3715700; 488600,

3715500; 488800, 3715500; 488800,

3715600; 488700, 3715600; 488700,

3715700; 488600, 3715700; land

bounded by 488100, 3715600; 488100,

3715400; 488000, 3715400; 488000,

3715000; 487900, 3715000; 487900,

3714600; 487800, 3714600; 487800,

3714200; 488100, 3714200; 488100,

3714400; 488200, 3714400; 488200,

3714900; 488300, 3714900; 488300,

3715500; 488400, 3715500; 488400,

3715600; 488100, 3715600; land

bounded by 496400, 3707400; 496400,

3707200; 496500, 3707200; 496500,

3707400; 496400, 3707400; land

bounded by 498700, 3707300; 498700,

3706900; 498800, 3706900; 498800,

3706700; 499100, 3706700; 499100,

3706800; 499700, 3706800; 499700,

3707000; 499600, 3707000; 499600,

3707100; 499400, 3707100; 499400,

3707200; 498900, 3707200; 498900,

3707300; 498700, 3707300; land

bounded by 497200, 3705500; 497200,

3705400; 497000, 3705400; 497000,

3705300; 496900, 3705300; 496900,

3705200; 497000, 3705200; 497000,

3705000; 496800, 3705000; 496800,

3704800; 497000, 3704800; 497000,

3704700; 497200, 3704700; 497200,

3704600; 497300, 3704600; 497300,

3704700; 497500, 3704700; 497500,

3704800; 497300, 3704800; 497300,

3705000; 497100, 3705000; 497100,

3705200; 497300, 3705200; 497300,

3705300; 497400, 3705300; 497400,

3705400; 497500, 3705400; 497500,

3705500; 497200, 3705500; and land

bounded by 522700, 3696600; 522700,

3696500; 522400, 3696500; 522400,

3696400; 522300, 3696400; 522300,

3696300; 522100, 3696300; 522100,

3696200; 521900, 3696200; 521900,

3696100; 521800, 3696100; 521800,

3696000; 521600, 3696000; 521600,

3695900; 521000, 3695900; 521000,

3695800; 520800, 3695800; 520800,

3695700; 520600, 3695700; 520600,

3695600; 519900, 3695600; 519900,

3695700; 519600, 3695700; 519600,

3695600; 519500, 3695600; 519500,

3695400; 519100, 3695400; 519100,

3695300; 519000, 3695300; 519000,

3695200; 518900, 3695200; 518900,

3695000; 519000, 3695000; 519000,

3694800; 519100, 3694800; 519100,

3694600; 519200, 3694600; 519200,

3694500; 519300, 3694500; 519300,

3694400; 519600, 3694400; 519600,

3694300; 520000, 3694300; 520000,

3694200; 520400, 3694200; 520400,

3694400; 520500, 3694400; 520500,

3694500; 520700, 3694500; 520700,

3694600; 520800, 3694600; 520800,

3694700; 521000, 3694700; 521000,

3694800; 521100, 3694800; 521100,

3694900; 521300, 3694900; 521300,

3695000; 521900, 3695000; 521900,

3694900; 522300, 3694900; 522300,

3695200; 522400, 3695200; 522400,

3695700; 522100, 3695700; 522100,

3696000; 522200, 3696000; 522200,

3696100; 522300, 3696100; 522300,

3696200; 522400, 3696200; 522400,

3696300; 522600, 3696300; 522600,

3696400; 522800, 3696400; 522800,

3696500; 523000, 3696500; 523000,

3696600; 522700, 3696600.

BILLING CODE 4310–55–P

9504 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules

BILLING CODE 4310–55–C

Map Unit 3: Otay, San Diego County,

California. From USGS 1:24,000

quadrangle maps Dulzura, Jamul

Mountains, Potrero, Tecate, Otay

Mountain, Imperial Beach, and Otay

Mesa. Beginning at the U.S./Mexico

border at UTM NAD27 x-coordinate

507800 thence north along the following

UTM NAD27 coordinates (E, N):

507800, 3601600 ; 507900, 3601600;

507900, 3602100; 508100, 3602100;

508100, 3602200; 508700, 3602200;

508700, 3602400; 508600, 3602400;

508600, 3602700; 508200, 3602700;

508200, 3603200; 508100, 3603200;

508100, 3603400; 508000, 3603400;

508000, 3603600; 508100, 3603600;

508100, 3603700; 508200, 3603700;

508200, 3603800; 508400, 3603800;

thence north to the County of San Diego

Major Amendment (CSDMA) boundary

at UTM x-coordinate 508400; thence

northwest following the CSDMA

boundary to UTM x-coordinate 508300;

thence south and returning north

following UTM coordinates 508300,

3604000; 507900, 3604000; 507900,

3604100; 508000, 3604100; 508000,

3604600; 508100, 3604600; 508100,

3604700; thence east to the CSDMA

boundary at UTM y-coordinate 3604700;

thence north along the CSDMA

boundary to the Multiple Habitat

Planning Area (MHPA) boundary;

thence northwestward along the MHPA

boundary to CSDMA boundary; thence

around the CSDMA boundary to the

MHPA boundary; thence northward

along the MHPA boundary to UTM ycoordinate 3606500; thence west to

UTM coordinates (E, N): 506700,

3606500; thence north to the City of

Chula Vista Preserve Design (CCVPD)

boundary at UTM x-coordinate 506700;

thence southwestward along the CCVPD

boundary to the CSDMA boundary;

thence around the CSDMA boundary to

the CCVPD boundary; thence along the

CCVPD boundary to UTM y-coordinate

3604500; thence east following UTM

coordinates 504600, 3604500; 504600,

3604600; 503700, 3604600; thence north

to the CCVPD boundary at UTM xcoordinate 503700; thence west along

the CCVPD boundary and continuing

along Federal lands boundaries; thence

west and north along the Federal lands

boundaries to the CCVPD boundary;

thence westward along the CCVPD

boundary to Otay Mesa Road; thence

west along Otay Mesa Road to the

CCVPD boundary; thence northward

along the CCVPD boundary to UTM xcoordinate 498900; thence south and

following UTM coordinates 498900,

3603400; 498800, 3603400; 498800,

3603500; 498700, 3603500; 498700,

3603700; 498800, 3603700; thence south

to the CCVPD boundary at UTM xcoordinate 498800; thence northward

along the CCVPD boundary to UTM ycoordinate 3604200; thence east and

following UTM coordinates 498600,

3604200; 498600, 3604700; 498500,

3604700; 498500, 3605400; 498700,

3605400; thence to the CCVPD

boundary at UTM x-coordinate 498700;

thence east and back west along the

CCVPD boundary to UTM x-coordinate

489700; thence south and following

UTM coordinates 498700, 3605700;

498600, 3605700; 498600, 3606100;

498700, 3606100; thence south to the

CCVPD boundary at UTM x-coordinate

498700; thence eastward along the

CCVPD boundary to the MHPA

boundary; thence northward along the

MHPA boundary at UTM x-coordinate

506400; thence west and following UTM

coordinates 506400, 3607900; 506300,

3607900; 506300, 3608100; thence east

to the MHPA boundary at UTM ycoordinate 3608100; thence northward

along the MHPA to UTM x-coordinate

505900; thence northward following

Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules 9505

UTM coordinates 505900, 3613000;

506000, 3613000; 506000, 3613200;

thence east to the CSDMA boundary at

UTM y-coordinate 3613200; thence

north along the CSDMA boundary to the

CCVPD boundary; thence around the

CCVPD boundary to the San Diego

National Wildlife Refuge (SDNWR)

boundary; thence north along the

SDNWR boundary to UTM y-coordinate

3615500; thence west and following

UTM coordinates 506400, 3615500,

506400, 3615400; 506200, 3615400;

thence north to the CCVPD boundary at

UTM x-coordinate 506200; thence

southwestward along the CCVPD

boundary to the MHPA boundary;

thence around the MHPA boundary to

UTM x-coordinate 503800; thence south

and following UTM coordinates 503800,

3614900; 503000, 3614900; thence north

to the SDNWR boundary at UTM xcoordinate 503000; thence around the

SDNWR boundary to the MHPA

boundary; thence southeastward along

the MHPA boundary to the SDNWR

boundary; thence northeastward and

returning southwestward along the

SDNWR boundary to the MHPA

boundary; thence south along the

MHPA boundary to the CSDMA

boundary; thence south along the

CSDMA boundary to the MHPA

boundary; thence north along the MHPA

boundary to UTM y-coordinate

3620200; thence west and following

UTM coordinates 507300, 3620200;

507300, 3620300; thence east to the

MHPA boundary at UTM y-coordinate

3620300; thence north along the MHPA

boundary to Highway 94; thence east

along Highway 94 to the MHPA

boundary; thence southeastward along

the MHPA boundary to the SDNWR

boundary; thence north along the

SDNWR boundary to Highway 94;

thence east along Highway 94 to the

SDNWR boundary; thence south the

SDNWR boundary to UTM y-coordinate

3619400; thence east and following

UTM coordinates 510000, 3619400;

510000, 3618800; 509900, 3618800;

thence north to the MHPA boundary at

UTM x-coordinate 509900; thence west

along the MHPA boundary to UTM xcoordinate 509800; thence south and

following UTM coordinates 509800,

3618800; 509400, 3618800; thence north

to the MHPA boundary at UTM xcoordinate 509400; thence west along

the MHPA boundary to UTM xcoordinate 508800; thence south and

following UTM coordinates 508800,

3617800; 509500, 3617800; 509500,

3617700; 510200, 3617700; 510200,

3617600; 510300, 3617600; 510300,

3617700; thence east to California

Department of Fish and Game (CDFG)

lands at UTM y-coordinate 3617700;

thence north and east along the CDFG

lands to Highway 94; thence

southeastward along Highway 94 to the

MHPA boundary; thence west along the

MHPA boundary to CDFG lands; thence

south and west along the CDFG lands to

the MHPA boundary; thence around the

MHPA boundary to CDFG lands; thence

along the CDFG lands to UTM xcoordinate 514900; thence south and

following UTM coordinates 514900,

3612300; 515400, 3612300; 515400,

3612200; 515300, 3612200; 515300,

3612100; 515100, 3612100; 515100,

3612000; 515000, 3612000; 515000,

3611900; 515200, 3611900; 515200,

3611700; 515400, 3611700; 515400,

3611600; 515600, 3611600; 515600,

3611700; 515700, 3611700; 515700,

3611800; 516000, 3611800; 516000,

3611700; 516700, 3611700; 516700,

3611800; 516800, 3611800; 516800,

3611700; 516900, 3611700; 516900,

3611500; 517000, 3611500; 517000,

3611300; 516900, 3611300; 516900,

3611100; 517100, 3611100; 517100,

3611200; 517300, 3611200; 517300,

3611000; 517400, 3611000; 517400,

3610800; 517100, 3610800; 517100,

3610600; 517000, 3610600; 517000,

3610500; 516900, 3610500; 516900,

3610400; 516800, 3610400; 516800,

3610300; 516700, 3610300; 516700,

3610100; 516800, 3610100; 516800,

3609900; 516900, 3609900; 516900,

3609300; 517000, 3609300; 517000,

3609400; 517100, 3609400; 517100,

3609600; 517200, 3609600; 517200,

3609900; 517100, 3609900; 517100,

3610000; 517200, 3610000; 517200,

3610100; 517400, 3610100; 517400,

3610000; 517600, 3610000; 517600,

3609900; 517700, 3609900; 517700,

3609700; 517900, 3609700; 517900,

3609500; 518200, 3609500; 518200,

3609700; 518500, 3609700; 518500,

3609600; 518600, 3609600; 518600,

3609400; 518800, 3609400; 518800,

3609100; 519100, 3609100; 519100,

3609600; 519200, 3609600; thence south

to the MHPA boundary at UTM xcoordinate 519200; thence east along the

MHPA to UTM y-coordinate 3609600;

thence south and following UTM

coordinates 521200, 3609600; 521200,

3609300; 521100, 3609300; 521100,

3609200; 521400, 3609200; 521400,

3609100; 521500, 3609100; 521500,

3608600; 521600, 3608600; 521600,

3608400; 521700, 3608400; 521700,

3608300; 521800, 3608300; 521800,

3608200; 521900, 3608200; 521900,

3608000; 522000, 3608000; 522000,

3607900; 522600, 3607900; 522600,

3607800; 522900, 3607800; 522900,

3607700; 523000, 3607700; 523000,

3607600; 523100, 3607600; 523100,

3607700; 523300, 3607700; 523300,

3607600; 523400, 3607600; 523400,

3607700; 523600, 3607700; 523600,

3607600; 524100, 3607600; 524100,

3607500; 524200, 3607500; 524200,

3607300; 524300, 3607300; 524300,

3607400; 524500, 3607400; 524500,

3607500; 524600, 3607500; 524600,

3607600; 524800, 3607600; 524800,

3607700; 524900, 3607700; 524900,

3607600; 525100, 3607600; 525100,

3607900; 524900, 3607900; 524900,

3608000; 524700, 3608000; 524700,

3608200; 524600, 3608200; 524600,

3608400; 524700, 3608400; 524700,

3608600; thence east to Highway 94 at

UTM y-coordinate 3608600; thence

southeastward along Highway 94 to

UTM x-coordinate 538800; thence south

and following UTM coordinates 538800,

3606900; 538800, 3606500; 538900,

3606500; 538900, 3605600; 539000,

3605600; 539000, 3605300; 538900,

3605300; thence south to the U.S./

Mexico border at UTM x-coordinate

538900; returning to the point of

beginning on the U.S./Mexico border at

UTM x-coordinate 507800; excluding

the Otay landfill; the planned

recreational areas in the Otay River

Valley and the university site as

illustrated in the City of Chula Vista’s

subarea plan; and land bounded by

508700, 3602200; 508700, 3602100;

508800, 3602100; 508800, 3602200;

508700, 3602200.

BILLING CODE 4310–55–P

9506 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules

BILLING CODE 4310–55–C

Map Unit 4: Jacumba, San Diego

County, California. From USGS 1:24,000

quadrangle maps In-Ko-Pah-Gorge, InKo-Pah-Gorge OE S, Jacumba, Jacumba

OE S, Live Oak Springs, and Tierra Del

Sol. Beginning at the U.S./Mexico

border at UTM NAD27 x-coordinate

571500, lands bounded by the following

UTM NAD27 coordinates (E, N):

571500, 3608000; 571400, 3608000;

571400, 3608100; 571300, 3608100;

571300, 3608200; 571100, 3608200;

571100, 3608400; 571000, 3608400;

571000, 3608500; 570900, 3608500;

570900, 3608400; 570800, 3608400;

570800, 3608500; 570700, 3608500;

570700, 3608700; 570900, 3608700;

570900, 3608900; 571100, 3608900;

571100, 3609000; 571400, 3609000;

571400, 3609100; 571500, 3609100;

571500, 3609300; 571200, 3609300;

571200, 3609400; 571100, 3609400;

571100, 3609500; 570700, 3609500;

570700, 3609400; 570100, 3609400;

570100, 3609500; 570000, 3609500;

570000, 3609900; 570100, 3609900;

570100, 3610000; 570600, 3610000;

570600, 3610200; 570700, 3610200;

570700, 3610300; 570100, 3610300;

570100, 3610400; 570000, 3610400;

570000, 3610300; 569700, 3610300;

569700, 3610200; 569600, 3610200;

569600, 3610300; 569500, 3610300;

569500, 3610900; 569600, 3610900;

569600, 3611000; 569900, 3611000;

569900, 3611500; 570300, 3611500;

570300, 3611700; 570400, 3611700;

570400, 3611800; 570500, 3611800;

570500, 3612100; 570700, 3612100;

570700, 3612200; 571300, 3612200;

571300, 3612900; 571400, 3612900;

571400, 3613100; 571600, 3613100;

571600, 3613300; 571500, 3613300;

571500, 3613400; 571400, 3613400;

571400, 3613500; 571300, 3613500;

571300, 3613900; 572600, 3613900;

572600, 3614000; 572700, 3614000;

572700, 3614100; 572900, 3614100;

572900, 3614200; 573100, 3614200;

573100, 3614300; 573300, 3614300;

573300, 3614800; 573400, 3614800;

573400, 3614900; 573600, 3614900;

573600, 3615000; 573700, 3615000;

573700, 3615100; 573800, 3615100;

573800, 3615200; 574300, 3615200;

574300, 3615100; 574500, 3615100;

574500, 3615200; 574600, 3615200;

574600, 3615100; 574700, 3615100;

574700, 3615200; 574900, 3615200;

574900, 3615300; 575000, 3615300;

575000, 3615600; 574900, 3615600;

574900, 3616100; 575000, 3616100;

575000, 3616400; 575200, 3616400;

575200, 3616500; 575300, 3616500;

575300, 3616600; 575500, 3616600;

575500, 3616700; 575600, 3616700;

575600, 3617100; 575800, 3617100;

575800, 3617000; 576200, 3617000;

576200, 3616900; 576400, 3616900;

576400, 3617000; 576600, 3617000;

576600, 3616900; 576700, 3616900;

576700, 3617000; 576900, 3617000;

576900, 3617100; 577100, 3617100;

577100, 3617000; 577400, 3617000;

577400, 3617100; 577500, 3617100;

577500, 3617000; 577800, 3617000;

577800, 3617100; 578100, 3617100;

578100, 3617200; 578700, 3617200;

578700, 3617300; 579400, 3617300;

579400, 3617400; 579900, 3617400;

579900, 3617300; 580000, 3617300;

580000, 3617400; 580300, 3617400;

580300, 3617500; 581000, 3617500;

581000, 3617400; 581300, 3617400;

581300, 3617300; 581500, 3617300;

581500, 3617200; 581600, 3617200;

581600, 3616600; 581800, 3616600;

581800, 3616500; 581900, 3616500;

581900, 3616100; 581600, 3616100;

581600, 3616000; 581400, 3616000;

581400, 3615900; 581300, 3615900;

581300, 3615600; 581400, 3615600;

581400, 3615500; 582100, 3615500;

582100, 3615400; 582300, 3615400;

582300, 3615500; 582700, 3615500;

Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules 9507

582700, 3615300; 582800, 3615300;

582800, 3615100; 582900, 3615100;

582900, 3615000; 583100, 3615000;

583100, 3614800; 583200, 3614800;

583200, 3614600; 583300, 3614600;

583300, 3614000; 583400, 3614000;

583400, 3613900; 583500, 3613900;

583500, 3613800; 583700, 3613800;

583700, 3613700; thence east to the San

Diego/Imperial County boundary;

thence south to the U.S./Mexico border

at UTM x-coordinate 584200; thence

westward along the U.S./Mexico border

to UTM x-coordinate 579000; thence

northward and returning southward

following UTM coordinates 579000,

3608700; 578900, 3608700; 578900,

3608800; 578800, 3608800; 578800,

3608900; 578500, 3608900; 578500,

3608800; 578400, 3608800; 578400,

3609000; 578100, 3609000; 578100,

3609100; 578000, 3609100; 578000,

3609500; 577900, 3609500; 577900,

3609600; 577800, 3609600; 577800,

3610000; 578000, 3610000; 578000,

3610100; 578300, 3610100; 578300,

3610300; 578500, 3610300; 578500,

3610600; 578400, 3610600; 578400,

3610800; 578300, 3610800; 578300,

3610900; 578200, 3610900; 578200,

3611000; 578100, 3611000; 578100,

3611100; 578000, 3611100; 578000,

3611200; 577700, 3611200; 577700,

3611300; 577500, 3611300; 577500,

3611400; 577400, 3611400; 577400,

3611500; 577300, 3611500; 577300,

3611700; 577100, 3611700; 577100,

3611800; 576900, 3611800; 576900,

3611700; 577000, 3611700; 577000,

3611500; 577100, 3611500; 577100,

3611200; 577000, 3611200; 577000,

3611100; 576900, 3611100; 576900,

3610800; 577000, 3610800; 577000,

3610500; 577100, 3610500; 577100,

3609900; 577000, 3609900; 577000,

3609700; 576900, 3609700; 576900,

3609600; 576600, 3609600; 576600,

3609500; 576300, 3609500; 576300,

3609400; 575900, 3609400; 575900,

3609200; 575800, 3609200; 575800,

3609000; 575700, 3609000; 575700,

3608800; 575600, 3608800; 575600,

3608700; 575500, 3608700; 575500,

3608600; 575400, 3608600 to the U.S./

Mexico border at UTM x-coordinate

575400; returning to the point of

beginning on the U.S./Mexico border at

UTM x-coordinate 571500; excluding

land bounded by 570700, 3610300;

570800, 3610300; 570800, 3610400;

570700, 3610400; 570700, 3610300.

* * * * *

Dated: February 1, 2001.

Joseph E. Doddridge,

Acting Assistant Secretary for Fish and

Wildlife and Parks.

[FR Doc. 01–3127 Filed 2–6–01; 8:45 am]

BILLING CODE 4310–55–P