[Federal Register Volume 69, Number 237 (Friday, December 10, 2004)]
[Proposed Rules]
[Pages 71880-72017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26681]
[[Page 71879]]
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Part II
Department of Commerce
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National Oceanic and Atmospheric Administration
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50 CFR Part 226
Endangered and Threatened Species; Designation of Critical Habitat for
Seven Evolutionarily Significant Units of Pacific Salmon (Oncorhynchus
tshawytscha) and Steelhead (O. mykiss) in California; Proposed Rule
Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 /
Proposed Rules
[[Page 71880]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 226
[Docket No. 041123329-4329-01; I.D. No. 110904F]
RIN 0648-AO04
Endangered and Threatened Species; Designation of Critical
Habitat for Seven Evolutionarily Significant Units of Pacific Salmon
(Oncorhynchus tshawytscha) and Steelhead (O. mykiss) in California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: The National Marine Fisheries Service (NMFS) proposes to
designate critical habitat for two Evolutionarily Significant Units
(ESUs) of chinook salmon (Oncorhynchus tshawytscha) and five ESUs of O.
mykiss (inclusive of anadromous steelhead and resident rainbow trout)
listed under the Endangered Species Act of 1973, as amended (ESA). The
specific areas proposed for designation in the rule text set out below
include approximately 11,668 miles (18,669 km) of riverine habitat and
947 mi\2\ (2,444 km\2\) of bay/estuarine habitat (primarily in San
Francisco-San Pablo-Suisun Bays) in California. Some of the proposed
areas, however, are occupied by two or more ESUs. However, as explained
below, we are also considering excluding many of these areas from the
final designation based on existing land management plans and policies,
voluntary conservation efforts and other factors that could
substantially reduce the scope of the final designations. The net
economic impacts of ESA section 7 associated with designating the areas
described in the proposed rule are estimated to be approximately
$83,511,186, but we believe the additional exclusions under review
could reduce this impact by up to 57 percent or more. We solicit
information and comments from the public on all aspects of the
proposal, including information on the economic, national security, and
other relevant impacts of the proposed designation. We may revise this
proposal and solicit additional comments prior to final designation to
address new information received during the comment period.
DATES: Comments on this proposed rule must be received by 5 p.m. P.s.t.
on February 8, 2005. Requests for public hearings must be made in
writing by January 24, 2005.
ADDRESSES: You may submit comments, identified by docket number
[041123329-4329-01] and RIN number [0648-AO04], by any of the following
methods:
E-mail: [email protected]. Include docket
number [041123329-4329-01] and RIN number [0648-AO04] in the subject
line of the message.
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Agency Web site: http://ocio.nmfs.noaa.gov/ibrm-ssi/index.shtml. Follow the instructions for submitting comments at http://ocio.nmfs.noaa.gov/ibrm-ssi/process.shtml.
Mail: Submit written comments and information to:
Assistant Regional Administrator, Protected Resources Division, NMFS,
501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213. You may
hand-deliver written comments to our office during normal business
hours at the address given above.
Fax: 562-980-4027
FOR FURTHER INFORMATION CONTACT: Craig Wingert at the above address, at
562-980-4021, or by facsimile at 562-980-4027; or Marta Nammack at 301-
713-1401. The proposed rule, maps, and other materials relating to this
proposal can be found on our Web site at http://swr.nmfs.noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
NMFS is responsible for determining whether species, subspecies, or
distinct population segments of Pacific salmon and O. mykiss (inclusive
of anadromous steelhead and some populations of resident rainbow trout)
are threatened or endangered, and for designating constitute critical
habitat for them under the ESA (16 U.S.C. 1531 et seq). To be
considered for ESA listing, a group of organisms must constitute a
``species.'' Section 3 of the ESA defines a species as ``any subspecies
of fish or wildlife or plants, and any distinct population segment of
any species of vertebrate fish or wildlife which interbreeds when
mature.'' Since 1991, NMFS has identified distinct population segments
of Pacific salmon and O. mykiss by dividing the U.S. populations of
each species into evolutionarily significant units (ESUs) which it
determines are substantially reproductively isolated and represent an
important component in the evolutionary legacy of the biological
species (56 FR 58612; November 20, 1991). Using this approach, every
Pacific salmon and O. mykiss population in the U.S. is part of a
distinct population segment that is eligible for listing as a
threatened or endangered species under the ESU. In ESA listing
determinations for Pacific salmon and O. mykiss since 1991 we have
identified 52 ESUs in Washington, Oregon, Idaho and California.
Presently, 25 ESUs are listed as threatened or endangered. One
additional ESU (Oregon Coast coho salmon) was listed as threatened from
1998 to 2004 when it was removed from the list of threatened or
endangered species as a result of a Court Order.
In a Federal Register document published on June 14, 2004 (69 FR
33101), we proposed to list 27 ESUs as threatened or endangered. The
ESUs proposed for listing include 25 that are currently listed, but in
most cases the ESUs are being redefined in either of two significant
ways: By including hatchery fish that are no more than moderately
divergent genetically from naturally spawning fish within the ESU, and
in the case of O. mykiss species, by including some resident trout
populations in the ESUs. We have also proposed to list the previously-
listed Oregon Coast coho salmon population which is redefined to
include some fish reared in hatcheries, and are proposing to list one
new ESU (Lower Columbia River O. mykiss, was previously thought to be
extinct in the wild). In this document, O. mykiss ESUs refer to ESUs
that include populations of both anadromous steelhead and resident
rainbow trout. Also, references to ``salmon'' in this notice generally
include all members of the genus Oncorhynchus, including O. mykiss.
This Federal Register document describes proposed critical habitat
designations for the following seven ESUs of Pacific salmon and O.
mykiss in California: (1) California Coastal chinook salmon; (2)
Northern California O. mykiss; (3) Central California Coast O. mykiss;
(4) South-Central California Coast O. mykiss; (5) Southern California
O. mykiss; (6) Central Valley spring run chinook salmon; and (7)
Central Valley O. mykiss.
Section 3 of the ESA defines critical habitat as ``the specific
areas within the geographical area occupied by the species, at the time
it is listed, on which are found those physical or biological features
(I) essential to the conservation of the species and (II) which may
require special management considerations or protection; and
[[Page 71881]]
specific areas outside the geographical area occupied by the species at
the time it is listed that are determined by the Secretary to be
essential for the conservation of the species.'' Section 3 of the ESA
(16 U.S.C. 1532(3)) also defines the terms ``conserve,''
``conserving,'' and ``conservation'' to mean ``to use, and the use of,
all methods and procedures which are necessary to bring any endangered
species or threatened species to the point at which the measures
provided pursuant to this chapter are no longer necessary.'' Section 4
of the ESA requires that before designating critical habitat, we must
consider economic impacts, impacts on national security and other
relevant impacts of specifying any particular area as critical habitat,
and the Secretary may exclude any area from critical habitat if the
benefits of exclusion outweigh the benefits of inclusion, unless
excluding an area from critical habitat will result in the extinction
of the species concerned. Once critical habitat for a salmon or O.
mykiss ESU is designated, section 7(a)(2) of the ESA requires that each
Federal agency shall, in consultation with and with the assistance of
NMFS, ensure that any action authorized, funded or carried out by such
agency is not likely to result in the destruction or adverse
modification of critical habitat.
Previous Federal Action and Related Litigation
Many Pacific salmon and O. mykiss ESUs in California and the
Pacific Northwest have suffered broad declines over the past hundred
years. We have conducted several ESA status reviews and status review
updates for Pacific salmon and O. mykiss in California, Oregon,
Washington, and Idaho. The most recent ESA status review and proposed
listing determinations were published on June 14, 2004 (69 FR 33101).
Six of the currently listed ESUs have final critical habitat
designations. Table 1 summarizes the NMFS scientific reviews of West
Coast salmon and O. mykiss and the ESA listing determinations and
critical habitat designations made to date. XXX
Table 1.--Summary of Previous ESA Listing Actions and Critical Habitat Designations for West Coast Salmon and O.
Mykiss
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Previous ESA listing Previous
determinations and scientific
Evolutionarily significant Current endangered species Year listed critical habitat viability
unit (ESU) Act (ESA) status designations--Federal reviews and
Register citations updates
----------------------------------------------------------------------------------------------------------------
........... Listing
Determinations
........... 69 FR 33102; 06/14/04
(Proposed rule)
........... 56 FR 58619; 11/20/
1991 (Final rule)
........... 56 FR 14055; 04/05/
1991 (Proposed rule)
........... Critical Habitat
Designations
........... 58 FR 68543; 12/28/
1993 (Final rule)
Snake River sockeye ESU...... Endangered................. 1991 57 FR 57051; 12/02/ NMES 1991a.
1992 (Proposed rule).
........... Listing
Determinations
........... 69 FR 33102; 06/14/04
(Proposed rule)
........... 64 FR 14528; 03/25/
1999 (Final rule)
........... 63 FR 11750; 03/10/
1998 (Proposed rule)
........... Critical Habitat
Designations
........... 68 FR 55900; 09/29/
2003 (removal)
........... 65 FR 7764; 02/16/ NMFS 1998d.
2000 (Final rule)
Ozette Lake sockeye ESU...... Threatened................. 1999 63 FR 11750; 03/10/ NMFS 1997f.
1998 (Proposed rule).
........... Listing
Determinations
........... 69 FR 33102; 06/14/04
(Proposed rule)
........... 59 FR 440; 01/01/1994
(Final rule)
........... 57 FR 27416; 06/19/
1992 (Proposed rule)
........... 55 FR 49623; 11/30/
1990 (Final rule)
........... 55 FR 12831, 04/06/
1990 (Emergency
rule)
........... 55 FR 102260; 03/20/
1990 (Proposed rule)
........... 54 FR 10260; 08/04/
1989 (Emergency
rule)
........... 52 FR 6041; 02/27/
1987 (Final rule)
Sacramento River winter-run Endangered................. 1994 Critical Habitat
chinook ESU. Designations.
........... 68 FR 55900; 09/29/
2003 (removal)
........... 65 FR 7764; 02/16/
2000 (Final rule)
........... 63 FR 11482; 03/09/
1998 (Proposed rule)
........... Listing
Determinations
........... 69 FR 33102; 06/14/04
(Proposed rule)
........... 64 FR 50394; 09/16/
1999 (Final rule)
........... 63 FR 11482; 03/09/
1998 (Proposed rule)
........... Critical Habitat
Designations
........... 68 FR 55900; 09/29/
2003 (removal)
........... 65 FR 7764; 02/16/ NMFS 1998b.
2000 (Final rule)
Central Valley spring-run Threatened................. 1999 63 FR 11482; 03/09/ NMFS 1999d.
chinook ESU. 1998 (Proposed rule).
........... Listing
Determinations
........... 69 FR 33102; 06/14/04
(Proposed rule)
........... 64 FR 50394; 09/16/
1999 (Final rule)
........... 63 FR 11482; 03/09/
1998 (Proposed rule)
........... Critical Habitat
Designations
........... 68 FR 55900; 09/29/
2003 (removal)
[[Page 71882]]
........... 65 FR 7764; 02/16/ NMFS 1998b.
2000 (Final rule)
California Coastal chinook Threatened................. 1999 63 FR 11482; 03/09/ NMFS 1999d.
ESU. 1998 (Proposed rule).
........... Listing
Determinations
........... 69 FR 33102; 06/14/04
(Proposed rule)
........... 64 FR 14308; 03/24/99
(Final rule)
........... 63 FR 11482; 03/09/
1998 (Proposed rule)
........... Critical Habitat
Designations
........... 68 FR 55900; 09/29/ NMFS 1998b.
2003 (removal).
........... 65 FR 7764; 02/16/ NMFS 1998e.
2000 (Final rule).
Upper Willamette River Threatened................. 1999 63 FR 11482; 03/09/ NMFS 1999c.
chinook ESU. 1998 (Proposed rule).
........... Listing NMFS 1998e.
Determinations.
Lower Columbia River chinook Threatened................. 1999 69 FR 33102; 06/14/04 NMFS 1999c.
ESU. (Proposed rule).
........... 64 FR 14308; 03/24/99
(Final rule)
........... 63 FR 11482; 03/09/
1998 (Proposed rule)
........... Critical Habitat
Designations
........... 68 FR 55900; 09/29/
2003 (removal)
........... 65 FR 7764; 02/16/
2000 (Final rule)
........... 63 FR 11482; 03/09/
1998 (Proposed rule)
........... Listing
Determinations
........... 69 FR 33102; 06/14/04
(Proposed rule)
........... 64 FR 14308; 03/24/99
(Final rule)
........... 63 FR 11482; 03/09/
1998 (Proposed rule)
........... Critical Habitat
Designations
........... 68 FR 55900; 09/29/ NMFS 1998b.
2003 (removal).
........... 65 FR 7764; 02/16/ NMFS 1998e.
2000 (Final rule).
Upper Columbia River spring- Endangered. 1999 63 FR 11482; 03/09/ NMFS 1998c.
run chinook ESU. 1998 (Proposed rule).
Listing
Determinations.
........... 69 FR 33102; 06/14/04
(Proposed NMFS 1999c
rule)
........... 64 FR 14308; 03/24/99
(Final rule)
........... 63 FR 11482; 03/09/
1998 (Proposed rule)
........... Critical Habitat
Designations
........... 68 FR 55900; 09/29/ NMFS 1998b.
2003 (removal).
........... 65 FR 7764; 02/16/ NMFS 1998e.
2000 (Final rule).
Puget Sound chinook ESU...... Threatened................. 1999 63 FR 11482; 03/09/ NMFS 1999c.
1998 (Proposed rule).
........... Listing
Determinations
........... 69 FR 33102; 06/14/04
(Proposed rule)
........... 63 FR 1807; 0/12/1998
(Proposal withdrawn)
........... 59 FR 66784; 12/28/
1994 (Proposed rule)
........... 59 FR 42529; 08/18/
1994 (Emergency
rule)
........... 57 FR 23458; 06/03/
1992 (Correction)
........... 57 FR 14653; 04/22/
1992 (Final rule)
........... 56 FR 29547; 06/27/ NMFS 1991c.
1991 (Proposed rule)
Snake River fall-run chinook Threatened................. 1992 Critical Habitat NMFS 1999d.
ESU. Designations.
........... 58 FR 68543; 12/28/
1993 (Final rule)
........... 57 FR 57051; 12/02/
1992 (Proposed rule)
........... Listing
Determinations
........... 69 FR 33102; 06/14/04
(Proposed rule)
........... 63 FR 1807; 0/12/1998
(Proposal withdrawn)
........... 59 FR 66784; 12/28/
1994 (Proposed rule)
........... 59 FR 42529; 08/18/
1994 (Emergency
rule)
........... 57 FR 23458; 06/03/
1992 (Correction)
........... 57 FR 34639; 04/22/92
(Final rule)
........... 56 FR 29542; 06/27/
1991 (Proposed rule)
........... Critical Habitat
Designations
........... 58 FR 68543; 12/28/ NMFS 1991b.
1993 (Final rule).
Snake River spring/summer-run Threatened 1992 57 FR 57051; 12/02/ NMFS 1998b.
chinook ESU. 1992 (Proposed rule)
Listing
Determinations.
........... 69 FR 33102; 06/14/04
(Proposed rule)
........... 61 FR 56138;-10/31/
1996 (Final rule)
........... 60 FR 38011; 07/25/
1995 (Proposed rule)
........... Critical Habitat
Designations
........... 64 FR 24049; 05/05/ Bryant 1994.
1999 (Final rule)
Central California Coast coho Threatened................. 1996 62 FR 62791; 11/25/ NMFS 1995a.
ESU. 1997 (Proposed rule)
[[Page 71883]]
........... Listing
Determinations
........... 69 FR 33102; 06/14/04
(Proposed rule)
........... 62 FR 24588; 05/06/
1997 (Final rule)
........... 60 FR 38011; 07/25/ NMFS 1997a.
1995 (Proposed rule)
........... Critical Habitat NMFS1996c.
Designations
........... 64 FR 24049; 05/05/ NMFS 1996e.
1999 (Final rule)
Southern Oregon/Northern Threatened 1997 62 FR 62791; 11/25/ NMFS 1995a.
California Coast. 1997 (Proposed rule)
........... NMFS 1997a.
Proposed ........... NMFS 1996b.
Oregon Coast coho ESU........ Threatened* 1998 Listing NMFS 1996d.
Determinations
........... 69 FR 33102; 06/14/04 ................
(Proposed rule)
........... 69 FR 19975; 04/15/ ................
2004 (Candidate
list)
........... 63 FR 42587; 08/10/ ................
1998 (Final rule)
........... 62 FR 24588; 05/06/ ................
1997 (Proposal
withdrawn)
........... 61 FR 56138;10/31/ ................
1996 (6 mo.
extension)
........... 60 FR 38011; 07/25/ ................
1995 (Proposed rule)
........... Critical Habitat ................
Designations
........... 68 FR 55900; 09/29/ ................
2003 (removal)
........... 65 FR 7764; 02/16/ ................
2000 (Final rule)
........... 64 FR 24998; 0510/ NMFS 1995a.
1999 (Proposed rule).
........... Listing ................
Determinations
........... 69 FR 33102; 06/14/04 ................
(Proposed rule)
........... 69 FR 19975; 04/15/ ................
2004 (Candidate
list)
Proposed................... ........... 60 FR 38011; 07/25/ NMFS 1996e.
1995 (Not warranted).
........... Critical Habitat NMFS 1995a.
Designations.
Lower Columbia River coho ESU Threatened................. 1995 n/a.................. BNFS 1991a.
........... Listing ................
Determinations
........... 69 FR 33102; 06/14/04 ................
(Proposed rule)
........... 64 FR 14508; 03/25/ ................
1999 (Final rule)
........... 63 FR 11774; 03/10/ ................
1998 (Proposed rule)
........... Critical Habitat ................
Designations
........... 68 FR 55900; 09/29/ NMFS 1997e.
2003 (removal).
........... 65 FR 7764; 02/16/ NMFS 1999b.
2000 (Final rule).
Columbia River chum ESU...... Threatened................. 1999 63 FR 11774; 03/10/ NMFS 1999c.
1998 (Proposed rule).
........... Listing ................
Determinations
........... 69 FR 33102; 06/14/04 ................
(Proposed rule)
........... 64 FR 14508; 03/25/ ................
1999 (Final rule)
........... 63 FR 11774; 03/10/ ................
1998 (Proposed rule)
........... Critical Habitat NMFS 1996d.
Designations.
........... 68 FR 55900; 09/29/ NMFS 1997e.
2003 (removal).
........... 65 FR 7764; 02/16/ NMFS 1999b.
2000 (Final rule).
Hood Canal summer-run chum Threatened................. 1999 63 FR 11774; 03/10/ NMFS 1999c.
ESU. 1998 (Proposed rule).
........... Listing ................
Determinations
........... 69 FR 33102; 06/14/04 ................
(Proposed rule)
........... 67 FR 21568; 05/01/ ................
2002 (Redefinition
of ESU)
........... 62 FR 43937; 08/18/ ................
1997 (Final rule)
........... 61 FR 41541; 08/09/ ................
1996 (Proposed rule)
........... Critical Habitat ................
Designations
........... 68 FR 55900; 09/29/ ................
2003 (removal)
........... 65 FR 7764; 02/16/ NMFS 1996b
2000 (Final rule)
Southern California O. Endangered................. 1997 64 FR 5740; 03/10/ NMFS 1997b.
mykiss\+\ ESU. 1999 (Proposed rule).
........... Listing ................
Determinations
........... 69 FR 33102; 06/14/04 ................
(Proposed rule)
62 FR 43937; 08/18/ ................
1997 (Final rule)
........... 61 FR 41541; 08/09/ ................
1996 (Proposed rule)
........... Critical Habitat ................
Designations
........... 68 FR 55900; 09/29/ ................
2003 (removal)
........... 65 FR 7764; 02/16/ NMFS 1996b.
2000 (Final rule).
South-Central California Threatened................. 1997 64 FR 5740; 03/10/ NMFS 1997b.
Coast O. mykiss ESU 1999 (Proposed rule).
Listing
Determinations.
........... 69 FR 33102; 06/14/04 ................
(Proposed rule)
........... 62 FR 43937; 08/18/ ................
1997 (Final rule)
........... 61 FR 41541; 08/09/ ................
1996 (Proposed rule)
........... Critical Habitat ................
Designations
........... 68FR 55900; 09/29/ ................
2003 (removal)
[[Page 71884]]
........... 65 FR 7764; 02/16/ NMFS 1996b.
2000 (Final rule).
Central California Coast O. Threatened................. 1997 64 FR 5740; 03/10/ NMFS 1997b.
mykiss ESU. 1999 (Proposed rule).
Listing
Determinations.
........... 69 FR 33102; 6/14/04 NMFS 1996b.
(Proposed rule).
........... 63 FR 13347; 03/19/ NMFS 1997b.
1998 (Final rule).
........... 62 FR 43974; 08/18/ NMFS 1997c.
1997 (6 mo.
extension).
........... 61 FR 41541; 08/09/ NMFS 1997d.
1996 (Proposed rule).
California Central Valley O. Threatened................. 1998 Critical Habitat NMFS 1998a.
mykiss ESU. Designations.
........... 68 FR 55900; 09/29/ ................
2003 (removal)
........... 65 FR 7764; 02/16/
2000 (Final rule)
........... 64 FR 5740; 03/10/ ................
1999 (Proposed rule)
........... Listing ................
Determinations
........... 69 FR 33102; 06/14/04 ................
(Proposed rule)
........... 65 FR 36074; 06/07/ ................
2000 (Final rule)
........... 65 FR 6960; 02/11/ ................
2000 (Proposed rule)
........... 63 FR 13347; 03/19/ ................
1998 (Not Warranted)
........... 62 FR 43974; 08/18/ NMFS 1996b.
1997 (6 mo.
extension)
........... 61 FR 41541; 08/09/ NMFS 1997c.
1996 (Proposed rule).
........... Critical Habitat NMFS 1998a.
Designations.
Northern California O. mykiss Threatened................. 2000 n/a.................. NMFS 2000
ESU.
........... Listing ................
Determinations
........... 69 FR 33102; 06/14/04 ................
(Proposed rule)
........... 64 FR 14517; 03/25/ ................
1999 (Final rule)
........... 63 FR 11798; 03/10/ ................
1998 (Proposed rule)
........... 62 FR 43974; 08/18/ ................
1997 (6 mo.
extension)
........... 61 FR 41541; 08/09/ ................
1996 (Proposed rule)
........... Critical Habitat NMFS 1996b.
Designation.
........... 68 FR 55900; 09/29/ NMFS 1997d.
2003 (removal).
........... 65 FR 7764; 02/16/ NMFS 1999a.
2000 (Final rule).
Upper Willamette River O. Threatened................. 1999 64 FR 5740; 03/10/ NMFS 1999c.
mykiss ESU. 1999 (Proposed rule).
........... Listing ................
Determinations
........... 69 FR 33102; 06/14/04 ................
(Proposed rule)
........... 63 FR 13347; 03/19/ ................
1998 (Final rule)
........... 62 FR 43974; 08/18/ ................
1997 (6 mo.
extension)
........... 61 FR 41541; 08/09/ ................
1996 (Proposed rule)
........... Critical Habitat NMFS 1996b.
Designations.
........... 68 FR 55900; 09/29/ NMFS 1997c.
2003 (removal).
........... 65 FR 7764; 02/16/ NMFS 1997d.
2000 (Final rule).
Lower Columbia River O. Threatened................. 1998 64 FR 5740; 03/10/ NMFS 1998a.
mykiss ESU. 1999 (Proposed rule).
........... Listing ................
Determinations
........... 69 FR 33102; 06/14/04 ................
(Proposed rule)
........... 64 FR 14517; 03/25/ ................
1999 (Final rule)
........... 63 FR 11798; 03/10/ ................
1998 (Proposed rule)
........... 62 FR 43974; 08/18/ ................
1997 (6 mo.
extension)
........... 61 FR 41541; 08/09/ ................
1996 (Proposed rule)
........... Critical Habitat NMFS 1996b.
Designations.
........... 68 FR 55900; 09/29/ NMFS 1997d.
2003 (removal.
........... 65 FR 7764; 02/16/ NMFS 1999a.
2000 (Final rule).
Middle Columbia River O. Threatened................. 1999 64 FR 5740; 03/10/ NMFS 1999c.
mykiss ESU. 1999 (proposed rule).
........... Listing ................
Determinations
........... 69 FR 33102; 06/14/04
(Proposed rule)
........... 62 FR 43974; 08/18/ ................
1997 (Final rule)
........... 61 FR 41541; 08/09/ ................
1996 (Proposed rule)
........... Critical Habitat ................
Designations
........... 68 FR 55900; 09/29/ ................
2003 (removal)
........... 65 FR 7764; 02/16/ NMFS 1996b.
2000 (Final rule).
Upper Columbia River O. Endangered................. 1997 64 FR 5740; 03/10/ NMFS 1997b.
mykiss ESU. 1999 (Proposed rule).
........... Listing ................
Determinations
........... 69 FR 33102; 06/14/04 ................
(Proposed rule)
........... 62 FR 43937; 08/18/ ................
1997 (Final rule)
........... 61 FR 41541; 08/09/ ................
1996 (Proposed rule)
........... Critical Habitat ................
Designations
........... 68 FR 55900; 09/29/ ................
2003 (removal)
[[Page 71885]]
........... 65 FR 7764; 02/16/ NMFS 1996b.
2000 (Final rule).
Snake River Basin O. mykiss Threatened................. 1997 64 FR 5740; 03/10/ NMFS 1997b.
ESU. 1999 (Proposed rule).
----------------------------------------------------------------------------------------------------------------
* Previously listed as a ``threatened'' species (63 FR 42587, August 10, 1998). Threatened listing set aside in
Alsea Valley Alliance v. Evans (Alsea Valley Alliance v. Evans, 161 F.Supp.2d 1154 (D.Or.2001), appeals
dismissed 358 F.3d 1181 (9th Cir. 2004).
+ O. mykiss ESUs include both anadromous ``steelhead'' and resident ``rainbow trout'' in certain areas (see 69
FR 33101; July 14, 2004).
On February 16, 2000, NMFS published final critical habitat
designations for 19 ESUs, thereby completing designations for all 25
ESUs listed at the time (65 FR 7764). The 19 designations included more
than 150 river subbasins in Washington, Oregon, Idaho, and California.
Within each occupied subbasin, we designated as critical habitat those
lakes and river reaches accessible to listed fish along with the
associated riparian zone, except for reaches on Indian land. Areas
considered inaccessible included areas above long-standing natural
impassable barriers and areas above impassable dams, but not areas
above ephemeral barriers such as failed culverts.
In considering the economic impact of the February 16, 2000,
action, NMFS determined that the critical habitat designations would
impose very little or no additional requirements on Federal agencies
beyond those already associated with the listing of the ESUs
themselves. NMFS reasoned that since it was designating only occupied
habitat, there would be few or no actions that destroy or adversely
modify critical habitat that did not also jeopardize the continued
existence of the species. Therefore, the agency reasoned that there
would be no economic impact as a result of the designations (65 FR
7764, 7765; February 16, 2000).
The National Association of Homebuilders (NAHB) challenged the
designations in District Court in Washington, DC on the grounds that he
agency did not adequately consider economic impacts of the critical
habitat designations (National Association of Homebuilders v. Evans,
2002 WL 1205743 No. 00-CV-2799 (D.D.C.)). NAHB also challenged NMFS'
designation of Essential Fish Habitat (EFH) (Pacific Coast Salmon
Fishery Management Plan, 2000). While the NAHB litigation was pending,
the Court of Appeals for the 10th Circuit issued its decision in New
Mexico Cattlegrowers' Association v. U.S. Fish and Wildlife Service,
248 F.3d 1277 (10th Cir. 2001) (NMCA). In that case, the Court rejected
the U.S. Fish and Wildlife Service (FWS) approach to economic analysis,
which was similar to the approach taken by NMFS in the final rule
designating critical habitat for 19 ESUs of West Coast salmon and O.
mykiss. The Court ruled that ``Congress intended that the FWS conduct a
full analysis of all of the economic impacts of a critical habitat
designation, regardless of whether those impacts are attributable co-
extensively to other causes.'' Subsequent to the 10th Circuit decision,
we entered into and sought judicial approval of a consent decree
resolving the NAHB litigation. That decree provided for the withdrawal
of critical habitat designations for the 19 Pacific salmon and O.
mykiss ESUs and dismissed NAHB's challenge to the EFH designations. The
District Court approved the consent decree and vacated the critical
habitat designations by Court order on April 30, 2002 (National Ass'n
of Homebuilders v. Evans, 2002 WL 1205743 (D.D.C. 2002)).
Subsequently, in response to a complaint filed in the District of
Columbia by the Pacific Coast Federation of Fishermen's Associations,
Institute for Fisheries Resources, the Center for Biological Diversity,
the Oregon Natural Resources Council, the Pacific Rivers Council, and
the Environmental Protection Information Center (PCFFA et al.) alleging
that NMFS had failed to timely designate critical habitat for the 19
ESUs for which critical habitat had been vacated (as well as the
Northern California O. mykiss ESU), PCFFA and NMFS filed--and the court
approved--an agreement resolving that litigation and establishing a
schedule for designation of critical habitat. On July 13, 2004, the
D.C. District Court approved an amendment to the Consent Decree and
Stipulated Order of Dismissal providing for a revised schedule for the
submission of proposed and final rules designating critical habitat for
the 20 ESUs to the Federal Register. For those ESUs that are included
on the list of threatened and endangered species as of September 30,
2004, and which fall under the responsibility of the Northwest Regional
office of NMFS, proposed rules must be submitted to the Federal
Register no later than September 30, 2004. For those ESUs that are
included on the list of threatened and endangered species as of
November 30, 2004, and which fall under the responsibility of NMFS's
Southwest Regional office, proposed rules must be submitted to the
Federal Register for publication no later than November 30, 2004. For
those of the 20 ESUs addressed in the proposed rules and included on
the lists of threatened and endangered species as of June 15, 2005,
final rules must be submitted to the Federal Register for publication
no later than June 15, 2005. On September 17, 2004, NMFS filed a motion
with the Court seeking an additional 60-day extension of the deadline
for submitting to the Federal Register a proposed rule for the 13 ESUs
subject to the September 30, 2004, deadline. On October 7, 2004, the
court granted the motion.
Past critical habitat designations have generated considerable
public interest. Therefore, in an effort to engage the public early in
this rulemaking process, we published an advance notice of proposed
rulemaking (ANPR) on September 29, 2003 (68 FR 55926). The ANPR
identified issues for consideration and evaluation, and solicited
comments regarding these issues and information regarding the areas and
species under consideration. We received numerous comments in response
to the ANPR and considered them during development of this proposed
rulemaking. Where applicable we have referenced these comments in this
Federal Register document as well as in other documents supporting this
proposed rule. We encourage those who submitted comments on the ANPR to
review and comment on this proposed rule as well. We will address all
comments in the final rule.
[[Page 71886]]
Methods and Criteria Used to Identify Proposed Critical Habitat
Salmon Life History
Pacific salmon are anadromous fish, meaning adults migrate from the
ocean to spawn in freshwater lakes and streams where their offspring
hatch and rear prior to migrating back to the ocean to forage until
maturity. The migration and spawning times vary considerably across and
within species and populations (Groot and Margolis, 1991). At spawning,
adults pair to lay and fertilize thousands of eggs in freshwater gravel
nests or ``redds'' excavated by females. Depending on lake/stream
temperatures, eggs incubate for several weeks to months before hatching
as ``alevins'' (a larval life stage dependent on food stored in a yolk
sac). Following yolk sac absorption, alevins emerge from the gravel as
young juveniles called ``fry'' and begin actively feeding. Depending on
the species and location, juveniles may spend from a few hours to
several years in freshwater areas before migrating to the ocean. The
physiological and behavioral changes required for the transition to
salt water result in a distinct ``smolt'' stage in most species. On
their journey juveniles must migrate downstream through every riverine
and estuarine corridor between their natal lake or stream and the
ocean. For example, smolts from Idaho will travel as far as 900 miles
from the inland spawning grounds. En route to the ocean the juveniles
may spend from a few days to several weeks in the estuary, depending on
the species. The highly productive estuarine environment is an
important feeding and acclimation area for juveniles preparing to enter
marine waters.
Juveniles and subadults typically spend from 1 to 5 years foraging
over thousands of miles in the North Pacific Ocean before returning to
spawn. Some species, such as coho and chinook salmon, have precocious
life history types (primarily male fish known as ``jacks'') that mature
and spawn after only several months in the ocean. Spawning migrations
known as ``runs'' occur throughout the year, varying by species and
location. Most adult fish return or ``home'' with great fidelity to
spawn in their natal stream, although some do stray to non-natal
streams. Salmon species die after spawning, while anadromous O. mykiss
may return to the ocean and make repeat spawning migrations. This
complex life cycle gives rise to complex habitat needs, particularly
during the freshwater phase (see review by Spence et al., 1996).
Spawning gravels must be of a certain size and free of sediment to
allow successful incubation of the eggs. Eggs also require cool, clean,
and well-oxygenated waters for proper development. Juveniles need
abundant food sources, including insects, crustaceans, and other small
fish. They need places to hide from predators (mostly birds and bigger
fish), such as under logs, root wads and boulders in the stream, and
beneath overhanging vegetation. They also need places to seek refuge
from periodic high flows (side channels and off channel areas) and from
warm summer water temperatures (coldwater springs and deep pools).
Returning adults generally do not feed in fresh water but instead rely
on limited energy stores to migrate, mature, and spawn. Like juveniles,
they also require cool water and places to rest and hide from
predators. During all life stages salmon require cool water that is
free of contaminants. They also require rearing and migration corridors
with adequate passage conditions (water quality and quantity available
at specific times) to allow access to the various habitats required to
complete their life cycle.
The homing fidelity of salmon has created a meta-population
structure with distinct populations distributed among watersheds
(McElhany et al., 2000). Low levels of straying result in regular
genetic exchange among populations, creating genetic similarities among
populations in adjacent watersheds. Maintenance of the meta-population
structure requires a distribution of populations among watersheds where
environmental risks (e.g., from landslides or floods) are likely to
vary. It also requires migratory connections among the watersheds to
allow for periodic genetic exchange and alternate spawning sites in the
case that natal streams are inaccessible due to natural events such as
a drought or landslide.
Identifying the Geographical Area Occupied by the Species and Specific
Areas within the Geographical Area
In past critical habitat designations, NMFS had concluded that the
limited availability of species distribution data prevented mapping
salmonid critical habitat at a scale finer than occupied river basins
(65 FR 7764; February 16, 2000). Therefore, the 2000 designations
defined the ``geographical area occupied by the species at the time of
listing'' as all accessible river reaches within the current range of
the listed species. Comments received on the ANPR expressed a range of
opinions about the appropriate scale for defining occupied areas; many
expressed concern that the 2000 designations were overly broad and
inclusive and encouraged us to use a finer scale in designating
critical habitat for salmon.
In the 2000 designations, NMFS relied on the U.S. Geological
Survey's (USGS) identification of subbasins, which was the finest scale
mapped by USGS at that time, to define the ``specific areas'' within
the geographical area occupied by the species. The subbasin boundaries
are based on an area's topography and hydrography, and USGS has
developed a uniform framework for mapping and cataloging drainage
basins using a unique hydrologic unit code (HUC) identifier (Seaber et
al. 1986). The code contains separate two-digit identifier fields
wherein the first two digits refer to a region comprising a relatively
large drainage area (e.g., Region 17 for the entire Pacific Northwest),
while subsequent fields identify smaller nested drainages. Under this
convention, fourth field hydrologic units contain eight digits and are
commonly referred to as ``HUC4s'' or ``subbasins.'' In the 2000
designations, therefore, we identified as critical habitat all areas
accessible to listed salmon within an occupied HUC4 subbasin. Since the
critical habitat designations in 2000, additional scientific
information in the Pacific Northwest has significantly improved our
ability to identify freshwater and estuarine areas occupied by
salmonids and to group the occupied stream reaches into finer scale
``specific areas'' in the states of Washington, Oregon, and Idaho.
In the Pacific Northwest, we can now be somewhat more precise about
the ``geographical area occupied by the species'' because Federal,
state, and tribal fishery biologists in the northwest have made
progress mapping actual species distribution at the level of stream
reaches. The current mapping identifies occupied stream reaches where
the species has been observed. It also identifies stream reaches where
the species is presumed to occur based on the professional judgement of
biologists familiar with the watershed. However, such presumptions may
not be sufficiently rigorous or consistent to support a critical
habitat designation. Much of these data can now be accessed and
analyzed using geographic information systems (GIS) to produce
consistent and fine-scale maps. As a result, nearly all salmonid
freshwater and estuarine habitats in Washington, Oregon, and Idaho are
now mapped and available in GIS at a scale of 1:24,000. Previous
distribution data were often compiled at a scale of 1:100,000 or
greater.
[[Page 71887]]
In California, similar fine-scale species distribution mapping
efforts have not been conducted by Federal, State or tribal co-managers
on the scale that was needed for the critical habitat designation
effort, and therefore, maps of species distribution were not available
for the seven ESUs addressed in this rulemaking. Given the need to
identify and map occupied habitat more precisely and the lack of fine-
scale species distribution mapping in California, the Southwest
Regional office embarked on a major effort to compile available
information on species distribution, habitat use, and other parameters,
and develop species distribution and habitat use maps for all seven
ESUs. In order to make this effort manageable, data were compiled for
stream hydrography at a scale of 1:100,000 rather than the 1:24,000
scale of data that were available in the Pacific Northwest. Fishery
biologists in the Southwest Region were organized into a series of
teams tasked with compiling and organizing information available in the
literature, from Federal and state agencies, and personal knowledge,
regarding the spatial distribution, habitat use (i.e. spawning,
rearing, and/or migration) and habitat quality on a stream reach basis
for each of the seven ESUs in California. This information was
organized into a series of databases and then converted to GIS data
layers for the analysis of data and generation of distribution maps.
The current mapping identifies occupied stream reaches where the
various ESUs have been observed, and also identifies stream reaches
where the ESUs are presumed to occur based on the professional
judgement of biologists familiar with the watersheds. As in the
Northwest, such presumptions, however, may not be sufficiently rigorous
or consistent to support a critical habitat designation, and we
therefore solicit information as to which stream reaches are actually
occupied by the various ESUs addressed in this rule. We made use of
these finer scale data for the critical habitat designations for the
seven California ESUs, and now believe they enable us to make a more
accurate delineation of the ``geographical area occupied by the
species'' referred to in the ESA definition of critical habitat. The
final critical habitat designations will be based on the final listing
decisions for these ESUs due by June 2005 and thus will reflect
occupancy ``at the time of listing'' as the ESA requires.
NMFS is now able to also identify ``specific areas'' (section
3(5)(a)) and ``particular areas'(section 4(b)(2)) for ESUs in the
Pacific Northwest (Oregon, Washington and Idaho) at a finer scale than
in 2000. Since 2000, various Federal agencies in the Pacific Northwest
have identified fifth field hydrologic units (referred to as ``HUC5s''
or hereafter ``watersheds'') throughout the Pacific Northwest using the
USGS mapping conventions referred to above. This information is now
generally available from these agencies and via the internet
(California Spatial Information Library, 2004; Interior Columbia Basin
Ecosystem Management Project, 2003; Regional Ecosystem Office, 2004).
For ESUs in the Pacific Northwest, the agency used this information to
organize critical habitat information systematically and at a scale
that is relevant to the spatial distribution of salmon. Organizing
information at this scale is especially relevant to salmonids, since
their innate homing ability allows them to return to the watersheds
where they were born. Such site fidelity results in spatial
aggregations of salmonid populations that generally correspond to the
area encompassed by subbasins or HUC5 watersheds (Washington Department
of Fisheries et al., 1992; Kostow, 1995; McElhany et al., 2000).
In California, it was not possible to use the USGS's HUC5 watershed
framework to organize the biological and other types of information
since HUC5s have not been delineated for the entire geographical area
occupied by the seven ESUs addressed in this rulemaking. The Southwest
Region, therefore, used the State of California's CALWATER watershed
classification system (version 2.2), which is similar to the USGS
watershed classification system, to organize biological and other types
of information. Under the CALWATER watershed classification system,
geographic units range from hydrologic regions (the largest) to
planning watersheds (the smallest). For the purposes of this critical
habitat designation analysis, biological and other types of information
were organized primarily by hydrologic subareas (HSAs) that generally
correspond to major tributary watersheds and are roughly equivalent in
size to USGS HUC5s. These smaller HSA watersheds were then aggregated
into larger geographic units called hydrologic units that correspond to
major watersheds or sub-regions for purposes of describing critical
habitat for each of the seven ESUs in California. However, it must be
recognized that even the CALWATER HSA watershed units used for the
designations in California are very broad units, often containing
several different populations of salmonids which may in fact be largely
independent of each other.We therefore solicit information on ways to
further improve the geographic precision of our habitat analyis.
Both the USGS and CALWATER systems map watershed units as polygons
that bound a drainage area and encompass streams, riparian areas and
uplands. Within the boundaries of any such watershed unit (HUC5 or
HSA), there are stream reaches not occupied by the species. Land areas
within the HUC5 or HSA boundaries are also generally not ``occupied''
by the species (though certain areas such as flood plains or side
channels may be occupied at some times of some years). In California,
we used the HSA watershed boundaries as a basis for aggregating
occupied stream reaches and to delineate ``specific'' areas occupied by
the species. This document generally refers to the occupied stream
reaches within the watershed boundary as the ``habitat area'' to
distinguish it from the entire area encompassed by the watershed
boundary.
At the same time, the ESA requires that an area cannot be
designated as critical habitat unless at the time of listing it
contains physical or biological features essential to the conservation
of the species. The ESA does not permit an area lacking such features
to be designated as critical habitat in the hope that it may over time
acquire such features and therefore aid in the conservation of the
species.
The HSA watershed-scale aggregation of stream reaches also allowed
us to analyze the impacts of designating a ``particular area,'' as
required by ESA section 4(b)(2). As a result of watershed processes,
many activities occurring in riparian or upland areas and in non-fish-
bearing streams may affect the physical or biological features
essential to conservation in the occupied stream reaches. The watershed
boundary thus describes an area in which Federal activities have the
potential to affect critical habitat (Spence et al. 1996). Using HSA
watershed boundaries for the economic analysis ensured that all
potential economic impacts were considered. Section 3(5) defines
critical habitat in terms of ``specific areas,'' and section 4(b)(2)
requires the agency to consider certain factors before designating
``particular areas.'' In the case of Pacific salmonids, the biology of
the species, the characteristics of its habitat, the nature of the
impacts and the limited information currently available at finer
geographic scales made it appropriate to consider
[[Page 71888]]
``specific areas'' and ``particular areas'' as the same unit.
In addition, HSA watersheds are consistent with the scale of
recovery efforts for West Coast salmon. In its review of the long-term
sustainability of Pacific Northwest salmonids, the National Research
Council's Committee on Protection and Management of Pacific Northwest
Anadromous Salmonids concluded that ``habitat protection must be
coordinated at landscape scales appropriate to salmon life histories'
and that social structures and institutions ``must be able to operate
at the scale of watersheds'' (National Research Council, 1996).
Watershed-level analyses are now common throughout the West Coast
(Forest Ecosystem Management Assessment Team, 1993; Montgomery et al.,
1995; Spence et al., 1996). The recent recovery strategy developed for
coho salmon in California by the California Department of Fish and Game
(CDFG, 2004) organized its watershed assessment and recovery
recommendations on the basis of CALWATER HSA watersheds. There are
presently more than 400 watershed councils or groups in Washington,
Oregon, and California alone (For the Sake of the Salmon, 2004). Many
of these groups operate at a geographic scale of one to several
watersheds and are integral parts of larger-scale salmon recovery
strategies (Northwest Power Planning Council, 1999; Oregon Plan for
Salmon and Watersheds, 2001; Puget Sound Shared Strategy, 2002; CALFED
Bay-Delta Program, 2003). Aggregating stream reaches into watersheds
allowed us to consider ``specific areas,'' within or outside the
geographical area occupied by the species, at a scale that often
corresponds well to salmonid population structure and ecological
processes.
Occupied estuarine and marine areas were also considered with
regard to the seven ESUs in California. In previous designations of
salmonid critical habitat the agency did not designate marine areas
outside of estuaries and Puget Sound. In the Pacific Ocean, we
concluded that there may be essential habitat features, but that they
did not require special management considerations or protection (see
Physical or Biological Features Essential to the Conservation of the
Species and Special Management Considerations or Protection sections
below). Several commenters on that previous rule questioned the
finding, and we stated that we would revisit the issue (65 FR 7764;
February 16, 2000). Since that time we have considered the best
available scientific information, and related agency actions, such as
the designation of Essential Fish Habitat under the Magnuson-Stevens
Fishery Conservation and Management Act.
We now conclude that it is possible to delineate some estuarine
areas in California (e.g., the San Francisco-San Pablo-Suisun Bay
complex, Humboldt Bay, and Morro Bay) that are occupied and contain
essential habitat features that may require special management
considerations or protection. Such estuarine areas are crucial for
juvenile salmonids, given their multiple functions as areas for
rearing/feeding, freshwater-saltwater acclimation, and migration
(Simenstad et al., 1982; Marriott et al. 2002). In many areas,
especially the San Francisco Bay estuary, these habitats are occupied
by multiple ESUs. Accordingly, we are proposing to designate specific
occupied estuarine areas as defined by a line connecting the furthest
land points at the estuary mouth.
Nearshore coastal marine areas may provide important habitat for
rearing/feeding and migrating salmonids in California; however, we were
not able to identify essential habitat features or conclude that such
areas require special management considerations or protection.
For salmonids in marine areas farther offshore, it becomes more
difficult to identify specific areas where essential habitat can be
found. Links between human activity, habitat conditions and impacts to
listed salmonids are less direct in offshore marine areas. Perhaps the
closest linkage exists for salmon prey species that are harvested
commercially (e.g., Pacific herring) and, therefore, may require
special management considerations or protection. However, because
salmonids are opportunistic feeders we could not identify ``specific
areas'' beyond the nearshore marine zone where these or other essential
features are found within this vast geographic area occupied by Pacific
salmon. Moreover, prey species move or drift great distances throughout
the ocean and would be difficult to link to any ``specific'' areas.
Unoccupied Areas
ESA section 3(5)(A)(ii) defines critical habitat to include
``specific areas outside the geographical area occupied'' if the areas
are determined by the Secretary to be ``essential for the conservation
of the species.'' NMFS regulations at 50 CFR 424.12(e) emphasize that
we ``shall designate as critical habitat areas outside the geographical
area presently occupied by a species only when a designation limited to
its present range would be inadequate to ensure the conservation of the
species.'' NMFS regulations at 50 CFR 424.12(e) emphasize that we
``shall designate as critical habitat areas outside the geographical
area presently occupied by a species only when a designation limited to
its present range would be inadequate to ensure the conservation of the
species.'' We are not proposing to designate any areas not occupied at
the time of listing; however, within the range of some ESUs, we have
identified unoccupied areas which may be essential to their
conservation, and we seek public comment on this issue.
Primary Constituent Elements and Physical or Biological Features
Essential to the Conservation of the Species
In determining what areas are critical habitat, agency regulations
at 50 CFR 424.12(b) require that we must ``consider those physical or
biological features that are essential to the conservation of a given
species including space for individual and population growth and for
normal behavior; food, water, air, light, minerals, or other
nutritional or physiological requirements; cover or shelter; sites for
breeding, reproduction, and rearing of offspring; and habitats that are
protected from disturbance or are representative of the historical
geographical and ecological distribution of a species.'' The
regulations further direct us to ``focus on the principal biological or
physical constituent elements * * * that are essential to the
conservation of the species,'' and specify that the ``known primary
constituent elements shall be listed with the critical habitat
description.'' The regulations identify primary constituent elements
(PCE) as including, but not limited to: ``roost sites, nesting grounds,
spawning sites, feeding sites, seasonal wetland or dryland, water
quality or quantity, host species or plant pollinator, geological
formation, vegetation type, tide, and specific soil types.'' An area
must contain one or more PCEs at the time the species is listed to be
eligible for designation as critical habitat; an area lacking a PCE may
not be designated in the hope it will acquire one or more PCEs in the
future.
NMFS biologists developed a list of PCEs specific to salmon for the
ANPR (68 FR 55926; September 29, 2003), based on a decision matrix
(NMFS, 1996) that describes general parameters and characteristics of
most of the essential features under consideration in this critical
habitat designation. As a result of biological assessments supporting
this proposed rule (see Critical Habitat Analytical Review
[[Page 71889]]
Teams section), we are now proposing slightly revised PCEs.
The ESUs addressed in this proposed rulemaking share many of the
same rivers and estuaries and have similar life history characteristics
and, therefore, many of the same PCEs. These PCEs include sites
essential to support one or more life stages of the ESU (sites for
spawning, rearing, migration and foraging). These sites in turn contain
physical or biological features essential to the conservation of the
ESU (for example, spawning gravels, water quality and quantity, side
channels, forage species). Specific types of sites and the features
associated with them include:
1. Freshwater spawning sites with water quantity and quality
conditions and substrate supporting spawning, incubation and larval
development;
2. Freshwater rearing sites with water quantity and floodplain
connectivity to form and maintain physical habitat conditions and
support juvenile growth and mobility; water quality and forage
supporting juvenile development; and natural cover such as shade,
submerged and overhanging large wood, log jams and beaver dams, aquatic
vegetation, large rocks and boulders, side channels, and undercut
banks;
3. Freshwater migration corridors free of obstruction with water
quantity and quality conditions and natural cover such as submerged and
overhanging large wood, aquatic vegetation, large rocks and boulders,
side channels, and undercut banks supporting juvenile and adult
mobility and survival;
4. Estuarine areas free of obstruction with water quality, water
quantity, and salinity conditions supporting juvenile and adult
physiological transitions between fresh- and saltwater; natural cover
such as submerged and overhanging large wood, aquatic vegetation, large
rocks and boulders, and side channels; and juvenile and adult forage,
including aquatic invertebrates and fishes, supporting growth and
maturation.
5. Nearshore marine areas free of obstruction with water quality
and quantity conditions and forage, including aquatic invertebrates and
fishes, supporting growth and maturation; and natural cover such as
submerged and overhanging large wood, aquatic vegetation, large rocks
and boulders, and side channels.
6. Offshore marine areas with water quality conditions and forage,
including aquatic invertebrates and fishes, supporting growth and
maturation.
The habitat areas designated in this proposal currently contain
PCEs within the acceptable range of values required to support the
biological processes for which the ESUs use the habitat. It is
important to note that the contribution of the PCEs to the habitat
varies by site and biological function, illustrating the
interdependence of the habitat elements such that the quality of the
elements may vary within a range of acceptable conditions. An area in
which a PCE no longer exists because it has been degraded to the point
where it no longer functions as a PCE cannot be designated in the hope
that its function may be restored in the future.
Special Management Considerations or Protection
An occupied area cannot be designated as critical habitat unless it
contains physical and biological features that ``may require special
management considerations or protection.'' Agency regulations at
424.02(j) define ``special management considerations or protection'' to
mean ``any methods or procedures useful in protecting physical and
biological features of the environment for the conservation of listed
species.'' Many forms of human activity have the potential to affect
the habitat of listed salmon ESUs including: (1) Forestry; (2) grazing
and other associated rangeland activities; (3) agriculture and
associated water withdrawals for agriculture; (4) road building/
maintenance; (5) channel modifications/diking/stream bank
stabilization; (6) urbanization; (7) sand and gravel mining; (8)
mineral mining; (9) dams; (10) irrigation impoundments and water
withdrawals; (11) wetland loss/removal; (12) exotic/invasive species
introductions; and (13) impediments to fish passage. In addition to
these, the harvest of salmonid prey species (e.g., herring, anchovy,
and sardines) may present another potential habitat-related management
activity (Pacific Fishery Management Council, 1999). In recent years
the Federal government and many non-Federal landowners have adopted
many changes in land and water management practices that are
contributing significantly to protecting and restoring the habitat of
listed species. Thus, many of the available special management
considerations or protections for these areas are already in place and
the need for designating such areas as critical habitat is diminished
accordingly. We request comment on the extent to which particular areas
may require special management considerations or protection in light of
existing management constraints. The contributions of these management
measures are also relevant to the exclusion analysis under section
4(b)(2) of the ESA, and will be considered further in a later section
of this notice.
Military Lands
The Sikes Act of 1997 (Sikes Act) (16 U.S.C. 670a) required each
military installation that includes land and water suitable for the
conservation and management of natural resources to complete, by
November 17, 2001, an Integrated Natural Resource Management Plan
(INRMP). An INRMP integrates implementation of the military mission of
the installation with stewardship of the natural resources found on the
installation. Each INRMP includes: an assessment of the ecological
needs on the installation, including the need to provide for the
conservation of listed species; a statement of goals and priorities; a
detailed description of management actions to be implemented to provide
for these ecological needs; and a monitoring and adaptive management
plan. Among other things, each INRMP must, to the extent appropriate
and applicable, provide for fish and wildlife management, fish and
wildlife habitat enhancement or modification, wetland protection,
enhancement, and restoration where necessary to support fish and
wildlife and enforcement of applicable natural resource laws.
The recent National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136) amended the ESA to limit areas eligible for
designation as critical habitat. Specifically, section 4(a)(3)(B)(I) of
the ESA (16 U.S.C. 1533(a)(3)(B)(I)) now provides: ``The Secretary
shall not designate as critical habitat any lands or other geographical
areas owned or controlled by the Department of Defense, or designated
for its use, that are subject to an integrated natural resources
management plan prepared under section 101 of the Sikes Act (16 U.S.C.
670a), if the Secretary determines in writing that such plan provides a
benefit to the species for which critical habitat is proposed for
designation.''
To address this new provision we contacted the Department of
Defense (DOD) and requested information on all INRMPs that might
benefit Pacific salmon. In response to the ANPR (68 FR 55926, September
29, 2003) we had already received a letter from the U.S. Marine Corps
regarding this and other issues associated with a possible critical
habitat designation on its facilities in the range of the Southern
California O. mykiss ESU. In response to our request, the military
services identified 25 installations in California with INRMPs in place
or under development. Based on information provided by the military,
[[Page 71890]]
as well as GIS analysis of fish distributional information compiled by
NMFS'' Southwest Region (NMFS, 2004a) and land use data, we determined
that the following facilities with INRMPs overlap with habitat areas
under consideration for critical habitat designation in California: (1)
Camp Pendleton Marine Corps Base; (2) Vandenberg Air Force Base; (3)
Camp San Luis Obispo; (4) Camp Roberts; and (5) Mare Island Army
Reserve Center. Two additional facilities are adjacent to, but do not
appear to overlap with, habitat areas under consideration for critical
habitat in California: (1) Naval Weapons Station, Seal Beach/Concord
Detachment; and (2) Point Mugu Naval Air Station. None of the remaining
facilities with INRMPs in place overlapped with or were adjacent to
habitat under consideration for critical habitat based on the
information available to us. All of these INRMPs are final except for
the Vandenberg Air Force Base INRMP, which is expected to be finalized
in the near term.
We identified habitat of value to listed salmonids in each INRMP
and reviewed these plans, as well as other information available
regarding the management of these military lands. Our preliminary
review indicates that each of these INRMPs addresses habitat for
salmonids, and all contain measures that provide benefits to ESA-listed
salmon and steelhead. Examples of the types of benefits include actions
that control erosion, protect riparian zones, minimize stormwater and
construction impacts, reduce contaminants, and monitor listed species
and their habitats. Also, we have received some information from the
DOD identifying national security impacts at certain sites including
the Camp Pendleton Marine Corps Base and Vandenberg Air Force Base. On
the basis of this information, therefore, we are not proposing to
designate critical habitat in areas subject to the final INRMPs or the
draft INRMP for Vandenberg Air Force Base at this time.
Critical Habitat Analytical Review Teams
To assist in the designation of critical habitat, we convened
several Critical Habitat Analytical Review Teams (Teams) organized by
major geographic areas that roughly correspond to salmon recovery
planning domains in California. The Teams consisted of NMFS fishery
biologists from the Southwest Region with demonstrated expertise
regarding salmonid habitat within the domain. The Teams were tasked
with compiling and assessing biological information pertaining to areas
under consideration for designation as critical habitat. Each Team
worked closely with GIS specialists to develop maps depicting the
spatial distribution of habitat occupied by each ESU and the use of
occupied habitat on stream hydrography at a scale of 1:100,000.
The Teams examined each habitat area within the watershed to
determine whether the stream reaches occupied by the species contain
the physical or biological features essential to conservation. The
Teams also relied on their experience conducting section 7
consultations to determine whether there are management activities in
the area that threaten the currently existing primary constituent
elements identified for the species. Where such activities occur, the
Teams concluded that there were ``any methods or procedures useful in
protecting physical and biological features'' for the area (50 CFR
424.02(j)), and therefore, that the features ``may require special
management considerations or protection.''
However, the Teams were not asked to evaluate the effects of
existing management protections on the species, or analyze the
usefulness of protective methods or procedures in addressing risks to
PCEs. Thus, the Teams' evaluations do not reflect the extent to which
an area will contribute to conservation of the species in the absence
of a critical habitat designation.
In addition to occupied areas, the definition of critical habitat
also includes unoccupied areas if we determine that area is essential
for conservation of a species. Accordingly the Teams were next asked
whether there were any unoccupied areas within the historical range of
the ESUs that may be essential for conservation. For the seven ESUs
addressed in this rulemaking, the Teams did not have information
available that would allow them to conclude that specific unoccupied
areas were essential for conservation; however, in many cases they were
able to identify areas they believed may be determined essential
through future recovery planning efforts. These are identified under
the Species Descriptions and Area Assessments section, and we are
specifically requesting information regarding such areas under Public
Comments Solicited.
The Teams were next asked to determine the relative conservation
value of each occupied area or watershed for each ESU. The Teams scored
each habitat area based on several factors related to the quantity and
quality of the physical and biological features. They next considered
each area in relation to other areas and with respect to the population
occupying that area. Based on a consideration of the raw scores for
each area, and a consideration of that area's contribution to
conservation in relation to other areas and in relation to the overall
population structure of the ESU, the Teams rated each habitat area as
having a ``high,'' ``medium'' or ``low'' conservation value.
The rating of habitat areas as having a high, medium, or low
conservation value provided information useful for the discretionary
balancing consideration in ESA section 4(b)(2). The higher the
conservation value for an area, the greater may be the likely benefit
of the ESA section 7 protections. The correlation is not perfect
because the Teams did not take the additional step of separately
considering two factors: how likely are section 7 consultations in an
area (that is, how strong is the ``Federal nexus''), and how much
protection would exist in the absence of a section 7 consultation (that
is, how protective are existing management measures and would they
likely continue in the absence of section 7 requirements). We
considered the Team's ratings one useful measure of the ``benefit of
designating a particular area as critical habitat'' as contemplated in
section 4(b)(2). We are soliciting public comments on approaches that
would better refine this assessment.
As discussed earlier, the scale chosen in California for the
``specific area'' referred to in the definition of critical habitat was
an HSA watershed as delineated by the CALWATER classification system.
This delineation required us to adapt the approach for some areas. In
particular, a large stream or river might serve as a rearing and
migration corridor to and from many watersheds, yet be embedded itself
in a watershed. In any given watershed through which it passes, the
stream may have a few or several tributaries. For rearing/migration
corridors embedded in a watershed, the Teams were asked to rate the
conservation value of the watershed based on the tributary habitat. We
assigned the rearing/migration corridor the rating of the highest-rated
watershed for which it served as a rearing/migration corridor. The
reason for this treatment of migration corridors is the role they play
in the salmon's life cycle. Salmon are anadromous--born in fresh water,
migrating to salt water to feed and grow, and returning to fresh water
to spawn. Without a rearing/migration corridor to and from the sea,
salmon cannot complete their life cycle. It would be illogical to
consider a spawning and
[[Page 71891]]
rearing area as having a particular conservation value and not consider
the associated rearing/migration corridor as having a similar
conservation value.
Preliminary ESU mapping results and some of the preliminary HSA
watershed conservation assessments developed by the Teams were shared
with the CDFG for review and comment. In some instances, their reviews
and comments resulted in changes to the ESU distribution maps, and in
some cases changes in the conservation assessments. Because of time
constraints, however, this comanager review process was limited in
duration and focused on identifying major discrepancies in the mapping
products developed by the Teams. These revised preliminary assessments,
along with this proposed rulemaking, will once again be made available
to these comanagers, as well as the general public and peer reviewers,
during the public comment period leading up to the final rule. The
Teams will be reconvened to review the comments and any new information
that might bear on their assessments before the agency publishes final
critical habitat designations.
Lateral Extent of Critical Habitat
In past designations NMFS described the lateral extent of critical
habitat in various ways ranging from fixed distances to ``functional''
zones defined by important riparian functions (65 FR 7764, February 16,
2000). Both approaches presented difficulties, and this was highlighted
in several comments (most of which requested that we focus on aquatic
areas only) received in response to the ANPR (68 FR 55926; September
29, 2003). Designating a set riparian zone width will (in some places)
accurately reflect the distance from the stream on which PCEs might be
found, but in other cases may over-or understate the distance.
Designating a functional buffer avoids that problem, but makes it
difficult for Federal agencies to know in advance what areas are
critical habitat. To address these issues we are proposing to define
the lateral extent of designated critical habitat as the width of the
stream channel defined by the ordinary high-water line as defined by
the U.S. Army Corps of Engineers (Corps) in 33 CFR 329.11. In areas for
which the ordinary high-water line has not been defined pursuant 33 CFR
329.11, the width of the stream channel shall be defined by its
bankfull elevation. Bankfull elevation is the level at which water
begins to leave the channel and move into the floodplain (Rosgen, 1996)
and is reached at a discharge which generally has a recurrence interval
of 1 to 2 years on the annual flood series (Leopold et al., 1992). Such
an interval is commensurate with nearly all of the juvenile freshwater
life phases of most salmon and O. mykiss ESUs. Therefore, it is
reasonable to assert that for an occupied stream reach this lateral
extent is regularly ``occupied.'' Moreover, the bankfull elevation can
be readily discerned for a variety of stream reaches and stream types
using recognizable water lines (e.g., marks on rocks) or vegetation
boundaries (Rosgen, 1996).
As underscored in previous critical habitat designations, the
quality of aquatic habitat within stream channels is intrinsically
related to the adjacent riparian zones and floodplain, to surrounding
wetlands and uplands, and to non-fish-bearing streams above occupied
stream reaches. Human activities that occur outside the stream can
modify or destroy physical and biological features of the stream. In
addition, human activities that occur within and adjacent to reaches
upstream (e.g., road failures) or downstream (e.g., dams) of designated
stream reaches can also have demonstrable effects on physical and
biological features of designated reaches.
In estuarine areas we believe that mean extreme high water is the
best descriptor of lateral extent. We are proposing the area inundated
by extreme high tide because it encompasses habitat areas typically
inundated and regularly occupied during the spring and summer when
juvenile salmonids are migrating in nearshore estuarine areas. However,
it may be more appropriate to use the ordinary high water level in
estuarine nearshore areas and we request comment on this issue. As
noted above for stream habitat areas, human activities that occur
outside the area inundated by extreme or ordinary high water can modify
or destroy physical and biological features of the nearshore habitat
areas and Federal agencies must be aware of these important habitat
linkages as well.
Species Descriptions and Area Assessments
This section provides descriptions of the seven Pacific salmon and
O. mykiss ESUs addressed in this rulemaking and summarizes the Teams'
assessment of habitat areas for each ESU. The Teams' assessments
addressed PCEs in the habitat areas within occupied CALWATER HSA
watersheds (as well as rearing/migration corridors for some ESUs). For
ease of reporting and reference these HSA watersheds have been
organized into ``units'' based on their associated subbasin or CALWATER
Hydrologic Unit (HU).
California Coastal (CC) Chinook Salmon ESU
The CC chinook salmon ESU was listed as a threatened species in
1999 (64 FR 50394). The ESU includes all naturally spawned populations
of chinook salmon from rivers and streams south of the Klamath River to
and including the Russian River. Following completion of an updated
status review (NMFS, 2003a) and review of hatchery populations located
within the range of the ESU (NMFS, 2003b), NMFS recently proposed that
the ESU remain listed as a threatened species and that seven hatchery
populations be included as part of the ESU (69 FR 33102; June 14,
2004). Major watersheds occupied by naturally spawning fish in this ESU
include Redwood Creek, Mad River, Eel River, several smaller coastal
watersheds, and the Russian River. A Technical Recovery Team has been
formed and is in the process of identifying the historical and extant
population structure of this ESU; however, this is still in progress.
The Team's assessment for this ESU addressed habitat areas within
45 occupied watersheds or CALWATER HSAs that occur in 8 associated
subbasins or CALWATER HUs (NMFS, 2004b). In addition to the 45 HSA
watershed units, conservation assessments were also made for Humboldt
Bay and the Eel River Estuary. As part of its assessment, the Team
considered the conservation value of each habitat area in the context
of the productivity, spatial distribution, and diversity of habitats
across the range of the ESU. The Team evaluated the conservation value
of habitat areas on the basis of the physical and biological habitat
requirements of CC chinook salmon, consistent with the PCEs identified
for Pacific salmon and O. mykiss described under Methods and Criteria
Used to Identify Proposed Critical Habitat
Unit 1. Redwood Creek Subbasin (HU 1107)
The Redwood Creek HU is located in the northern portion of the ESU
and includes the Redwood Creek drainage. The HU encompasses
approximately 294 mi\2\ (758 km\2\) and includes three occupied HSA
watersheds. Fish distribution and habitat use data compiled by NMFS
biologists identify approximately 107 miles (171 km) of occupied
riverine and estuarine habitat in the occupied HSA watersheds (NMFS,
2004a). The Team concluded that all occupied areas contain one or
[[Page 71892]]
more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU
and identified several management activities that may affect the PCEs,
including forestry, sand and gravel mining, agricultural water
withdrawals and impoundments, grazing, and channelization. Of the three
occupied HSA watersheds, two were rated as having high conservation
value and one as having medium conservation value to the ESU (NMFS,
2004b). The Team did not identify any unoccupied areas in this subbasin
that may be essential for the conservation of the ESU.
Unit 2. Trinidad Subbasin (HU 1108)
The Trinidad HU is located in the northern portion of the ESU and
includes Big Lagoon and Little River. The HU encompasses approximately
131 mi\2\ (338 km\2\) and contains two HSA watersheds both of which are
occupied. Fish distribution and habitat use data compiled by NMFS
biologists identify approximately 26 miles (42 km) of occupied riverine
and estuarine habitat in the occupied HSAs (NMFS, 2004a). The Team
concluded that these occupied areas contained one or more PCEs (i.e.
spawning, rearing, or migratory habitat) for this ESU and identified
management activities that may affect the PCEs, including forestry,
agriculture, non-agricultural and agricultural water withdrawals, and
grazing. Of the two occupied HSA watersheds, one was rated as having
low conservation value and one as having high conservation value to the
ESU (NMFS, 2004b). The Team did not identify any unoccupied areas in
this subbasin that may be essential for conservation of the ESU.
Unit 3. Mad River Subbasin (HU 1109)
The Mad River HU is located in the northern portion of the ESU and
includes the Mad River drainage. The HU encompasses approximately 499
mi\2\ (1287 km\2\) and includes four HSA watersheds, three of which are
occupied. Fish distribution and habitat use data compiled by NMFS
biologists identify approximately 53 miles (85 km) of occupied riverine
and estuarine habitat in the occupied HSA watersheds (NMFS, 2004a). The
Team concluded that these occupied areas contained one or more PCEs
(i.e. spawning, rearing, or migratory habitat) for this ESU and
identified several management activities that may affect the PCEs,
including forestry, agriculture, and grazing. All of the occupied HSA
watersheds were rated as having high conservation value to the ESU
(NMFS, 2004b). The Team did not identify any unoccupied areas in this
subbasin that may be essential for the conservation of the ESU.
Unit 4. Eureka Plain Subbasin (HU 1110)
The Eureka Plain HU is located in the vicinity of Eureka and
surrounds Humboldt Bay. The HU encompasses approximately 224 mi\2\ (578
km\2\) and contains a single HSA which is occupied. Fish distribution
and habitat use data compiled by NMFS biologists identify approximately
74 miles (118 km) of occupied riverine and estuarine habitat in this
HSA watershed (NMFS, 2004a). The Team concluded that these occupied
areas contained one or more PCEs (i.e., spawning, rearing, or migratory
habitat) for this ESU and identified several management activities that
may affect the PCEs, including urbanization, flood control
channelization, and road building and maintenance. This single occupied
HSA watershed was rated as having high conservation value to the ESU
(NMFS, 2004b). The Team also evaluated Humboldt Bay into which most of
these freshwater streams in this subbasin drain as a separate habitat
unit. Humboldt Bay contains approximately 25 mi\2\ (65 km\2\) of
estuarine habitat which the Team found contained PCEs for rearing and
migration and was of high conservation value since it provides
migratory connectivity for juveniles and adults between high value
freshwater spawning and rearing habitat and the ocean. The Team did not
identify any unoccupied areas in this subbasin that may be essential
for the conservation of the ESU.
Unit 5. Eel River Subbasin (HU 1111)
The Eel River HU is located in the northern and central portion of
the ESU and includes the Eel River and Van Duzen River drainages. This
HU, which is the largest in the ESU, encompasses approximately 3,682
mi\2\ (9,500 km\2\) and contains 19 occupied HSA watersheds. Fish
distribution and habitat use data compiled by NMFS biologists identify
approximately 841 miles (1,345 km) of occupied riverine and estuarine
habitat in the occupied HSA watersheds (NMFS, 2004a). The Team
concluded that these occupied habitat areas contained one or more PCEs
(i.e., spawning, rearing, or migratory habitat) for this ESU and
identified several management activities that may affect the PCEs
including agriculture, forestry, sand and gravel mining, grazing,
exotic/invasive species, agricultural and non-agricultural water
withdrawals, and urbanization. Of these occupied HSA watersheds, three
were rated as having low conservation value, four were rated as having
medium conservation value, and twelve were rated as having high
conservation value to the ESU (NMFS, 2004b). The Team also evaluated
the Eel River estuary as a separate habitat unit and concluded it
contained PCEs for rearing and migration and is of high conservation
value since it provides migratory connectivity for juveniles and adults
between high value freshwater spawning and rearing habitat and the
ocean. The Team did not identify any unoccupied areas in this subbasin
that may be essential for the conservation of the ESU.
Unit 6. Cape Mendocino Subbasin (HU 1112)
The Cape Mendocino HU is located in the central portion of the ESU
and includes the Bear River and Mattole River drainages. This HU
encompasses approximately 499 mi\2\ (1,287 km\2\) and contains three
HSA watersheds, two of which are occupied. Fish distribution and
habitat use data compiled by NMFS biologists identify approximately 173
miles (277 km) of occupied riverine and estuarine habitat in the
occupied HSAs (NMFS, 2004a). The Team concluded that these occupied
areas contained one or more PCEs (i.e., spawning, rearing, or migratory
habitat) for this ESU and identified several management activities that
may affect the PCEs, including agriculture, grazing, forestry, and
agricultural water withdrawals. Both occupied HSA watersheds were rated
as having high conservation value to the ESU (NMFS, 2004b). The Team
did not identify any unoccupied areas in this subbasin that may be
essential for the conservation of the ESU.
Unit 7. Mendocino Coast Subbasin (HU 1113)
The Mendocino Coast HU is located in the southern portion of the
ESU and includes several smaller coastal streams including the Ten
Mile, Noyo, Albion, Navarro, and Garcia Rivers. This HU encompasses
approximately 1,598 mi\2\ (4,123 km\2\) and contains eighteen HSA
watersheds, seven of which are occupied. Fish distribution and habitat
use data compiled by NMFS biologists identify approximately 204 miles
(326 km) of occupied riverine and estuarine habitat in the occupied
HSAs (NMFS, 2004a). The Team concluded that these occupied areas
contained one or more PCEs (i.e. spawning, rearing, or migratory
habitat) for this ESU and identified management activities that may
affect the PCEs, including forestry, grazing, urbanization,
agriculture, and agricultural and non-agricultural water withdrawals.
Of the occupied HSA
[[Page 71893]]
watersheds, the Team rated two as low in conservation value, three as
medium in conservation value, and two as high in conservation value to
the ESU (NMFS, 2004b). The Team did not identify any unoccupied areas
in this subbasin that may be essential for the conservation of the ESU.
Unit 8. Russian River Subbasin (HU 1114)
The Russian River HU is located in the southernmost portion of the
ESU and includes the Russian River drainage and its tributaries. The HU
encompasses approximately 1,482 mi\2\ (3,824 km\2\) and contains ten
HSA watersheds within the range of the ESU, nine of which are occupied.
Fish distribution and habitat use data compiled by NMFS biologists
identify approximately 133 miles (212 km) of occupied riverine and
estuarine habitat in the occupied HSAs (NMFS, 2004a). The Team
concluded these occupied HSA areas contained one or more PCEs (i.e.,
spawning, rearing, or migratory habitat) for this ESU and identified
several management activities that may affect the PCEs, including
urbanization, agriculture, forestry, sand and gravel mining, grazing,
flood control channelization, and agricultural water withdrawals. Of
the occupied HSA watersheds, the Team rated three as low in
conservation value, two as medium in conservation value, and four as
having high conservation value to the ESU (NMFS, 2004b). The Team did
not identify any unoccupied areas in this subbasin that may be
essential for the conservation of the ESU.
Northern California (NC) O. mykiss ESU
The NC O. mykiss ESU was listed as a threatened species in 2000 (65
FR 36074; June 7, 2000). The ESU includes all naturally spawned
populations of O. mykiss in coastal river basins from Redwood Creek
south to and including the Gualala River. Major watersheds occupied by
naturally spawning fish in this ESU include Redwood Creek, Mad River,
Eel River, several smaller coastal watersheds on the coast south to the
Gualala River. O. mykiss within this ESU include both winter and summer
run types, including what is presently considered to be the
southernmost population of summer run O. mykiss in the Middle Fork Eel
River (NMFS, 1996). The half-pounder life history type also occurs in
the ESU, specifically in the Mad and Eel Rivers. Based on an updated
status review (NMFS, 2003a) and an assessment of hatchery populations
located within the range of the ESU (NMFS, 2003b), NMFS recently
proposed that the ESU remain listed as a threatened species and that
resident O. mykiss co-occurring with anadromous populations below
impassible barriers (both natural and man-made) as well as two
artificial propagation programs (Yager Creek Hatchery and North Fork
Gualala River Hatchery) also be included in the ESU (69 FR 33102; June
14, 2004). A Technical Recovery Team has been formed and is in the
process of identifying the historical and extant independent population
structure of this ESU and associated population viability parameters
for each population.
The Team's assessment for this ESU addressed habitat areas within
50 occupied watersheds or CALWATER HSAs that occur in 7 associated
subbasins or CALWATER HUs. In addition to the 50 HSA watershed units,
conservation assessments were also made for Humboldt Bay and the Eel
River Estuary. As part of its assessment, the Team considered the
conservation value of each habitat area in the context of the
productivity, spatial distribution, and diversity of habitats across
the range of the ESU. The Team evaluated the conservation value of
habitat areas on the basis of the physical and biological habitat
requirements of NC O. mykiss, consistent with the PCEs identified for
Pacific salmon and O. mykiss described under Methods and Criteria Used
to Identify Proposed Critical Habitat.
Unit 1. Redwood Creek Subbasin (HU 1107)
The Redwood Creek HU is located in the northern portion of the ESU
and includes the Redwood Creek drainage. The HU encompasses
approximately 294 mi2 (758km\2\) and includes three HSA
watersheds, all of which are occupied. Fish distribution and habitat
use data compiled by NMFS biologists identify approximately 138 (220
km) of occupied riverine and estuarine habitat in the three occupied
HSAs (NMFS, 2004a). The Team concluded that these occupied HSA
watersheds contained one or more PCEs (i.e., spawning, rearing, or
migratory habitat) and identified several management activities that
may affect the PCEs, including forestry, sand and gravel mining,
agricultural water withdrawals and impoundments, grazing and
channelization. Of the three occupied HSA watersheds, one was rated as
medium and two were rated as having high conservation value to the ESU
(NMFS, 2004b). The Team did not identify any unoccupied areas in this
subbasin that may be essential for the conservation of the ESU.
Unit 2. Trinidad Subbasin (HU 1108)
The Trinidad HU is located in the northern portion of the ESU and
includes Big Lagoon and Little River. The HU encompasses approximately
131 mi2 (338 km2) and contains two HSA
watersheds, both of which are occupied. Fish distribution and habitat
use data compiled by NMFS biologists identify approximately 66 miles
(106 km) of occupied riverine and estuarine habitat in the occupied
HSAs (NMFS, 2004a). The Team concluded that these occupied areas
contained one or more PCEs (i.e., spawning, rearing, or migratory
habitat) and identified several management activities that may affect
the PCEs, including forestry, agriculture, non-agricultural and
agricultural water withdrawals and grazing. Of the two HSA watersheds,
one was rated by the Team as having medium conservation value and one
was rated as having high conservation value to the ESU (NMFS, 2004b).
The Team did not identify any unoccupied areas in this subbasin that
may be essential for conservation of the ESU.
Unit 3. Mad River Subbasin (HU 1109)
The Mad River HU is located in the northern portion of the ESU and
includes the Mad River drainage. The HU encompasses approximately 499
mi2 (1,287 km2) and contains four HSA watersheds,
all of which are occupied. Fish distribution and habitat use data
compiled by NMFS biologists identify approximately 169 miles (270 km)
of occupied riverine and estuarine habitat in these occupied habitat
areas (NMFS, 2004a). The Team concluded that these occupied areas
contained one or more PCEs (i.e., spawning, rearing, or migratory
habitat) and identified several management activities that may affect
the PCEs, including forestry, agriculture, and grazing. Of these
occupied HSA watersheds, one was rated as having low conservation value
and three were rated by the Team as having high conservation value to
the ESU (NMFS, 2004b). The Team did not identify any unoccupied areas
in this subbasin that may be essential for the conservation of the ESU.
Unit 4. Eureka Plain Subbasin (HU 1110)
The Eureka Plain HU is located in the vicinity of Eureka and
includes Humboldt Bay. The HU encompasses approximately 224
mi2 (578 km2) and contains a single HSA which is
occupied. Fish distribution and habitat use data compiled by NMFS
biologists identify approximately 122 miles (195 km) of occupied
riverine and estuarine
[[Page 71894]]
habitat in the occupied HSA watersheds (NMFS, 2004a). The Team
concluded that these occupied areas contained one or more PCEs (i.e.
spawning, rearing, or migratory habitat) for this ESU and identified
several management activities that may affect the PCEs, including
urbanization, flood control channelization, and road building and
maintenance. The single HSA watershed in the subbasin was rated by the
Team as having high conservation value to the ESU. The Team also
evaluated Humboldt Bay into which most of these freshwater streams in
this subbasin drain as a separate habitat unit. Humboldt Bay contains
approximately 25 mi2 (65 km2) of estuarine
habitat which the Team found contained PCEs for rearing and migration
and was of high conservation value since it provides migratory
connectivity for juveniles and adults between high value freshwater
spawning and rearing habitat and the ocean. The Team did not identify
any unoccupied areas in this subbasin that may be essential for the
conservation of the ESU.
Unit 5. Eel River Subbasin (HU 1111)
The Eel River HU is located in the north central portion of the ESU
and includes the Eel River and Van Duzen River drainages. The HU
encompasses approximately 3,682 mi2 (9,500 km2)
and contains nineteen HSA watersheds, all of which are occupied. Fish
distribution and habitat use data compiled by NMFS biologists identify
approximately 1,269 miles (2,030 km) of occupied riverine and estuarine
habitat in the occupied HSA watersheds (NMFS, 2004a). The Team
concluded that these occupied watershed areas contained one or more
PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU and
identified several management activities that may affect the PCEs,
including agriculture, forestry, sand and gravel mining, grazing,
exotic/invasive species, agricultural and non-agricultural water
withdrawals, and urbanization. Of these nineteen occupied watersheds,
nine were rated by the Team as medium in conservation value and ten
were rated as high in conservation value to the ESU (NMFS, 2004b). The
Team also evaluated the Eel River estuary as a separate habitat unit
and concluded it contained PCEs for rearing and migration and is of
high conservation value since it provides migratory connectivity for
juveniles and adults between high conservation value freshwater
spawning and rearing habitat and the ocean. The Team did not identify
any unoccupied areas in this subbasin that may be essential for the
conservation of the ESU.
Unit 6. Cape Mendocino Subbasin (HU 1112)
The Cape Mendocino HU is located in the central portion of the ESU
and includes the Bear River and Mattole River drainages. This HU
encompasses approximately 499 mi2 (1,287 km2) and
contains three HSA watersheds which are all occupied. Fish distribution
and habitat use data compiled by NMFS biologists identify approximately
342 miles (547 km) of occupied riverine and estuarine habitat in the
occupied HSA watersheds (NMFS, 2004a). The Team concluded that these
occupied areas contained one or more PCEs (i.e., spawning, rearing, or
migratory habitat) for this ESU and identified several management
activities that may affect the PCEs, including agriculture, grazing,
forestry, and agricultural water withdrawals. Of these watersheds, the
Team rated two as having low conservation value and one as having high
conservation value to the ESU (NMFS, 2004b). The Team did not identify
any unoccupied areas in this subbasin that may be essential for the
conservation of the ESU.
Unit 7. Mendocino Coast Subbasin (HU 1112)
The Mendocino Coast HU is located in the southern portion of the
ESU and includes several smaller coastal streams such as Ten Mile,
Noyo, Albion, Navarro, and Garcia Rivers. This HU encompasses
approximately 1,598 mi2 (4,123 km2) and contains
eighteen HSA watersheds that are all occupied. Fish distribution and
habitat use data compiled by NMFS biologists identify approximately
1,022 miles (1,635 km) of occupied riverine and estuarine habitat in
these watersheds (NMFS, 2004a). The Team concluded that these occupied
areas contained one or more PCEs (i.e., spawning, rearing, or migratory
habitat) for this ESU and identified several management activities that
may affect the PCEs, including forestry, grazing, urbanization,
agriculture, and agricultural and non-agricultural water withdrawals.
Of these occupied HSA watersheds, the Team rated five as low in
conservation value, four as medium in conservation value, and nine as
high in conservation value to the ESU (NMFS, 2004b). The Team did not
identify any unoccupied areas in this subbasin that may be essential
for the conservation of the ESU.
Central California Coast (CCC) O. mykiss ESU
The CCC O. mykiss ESU was listed as a threatened species in 1997
(62 FR 433937; August 18, 1997). The ESU includes all naturally spawned
populations of O. mykiss in coastal river basins from the Russian River
southward to and including Aptos Creek, as well as naturally spawned
populations of O. mykiss in drainages of San Francisco and San Pablo
Bay eastward to but excluding the Sacramento-San Joaquin Delta. Major
coastal watersheds occupied by naturally spawning fish in this ESU
include the Russian River, Lagunitas Creek, and San Lorenzo River.
Important watersheds occupied by naturally spawning fish within the San
Francisco Bay/San Pablo Bay area include Alameda Creek, Coyote Creek,
Guadelupe Creek, Petaluma River, and the Napa River. Based on an
updated status review (NMFS, 2003a) and an assessment of hatchery
populations located within the range of the ESU (NMFS, 2003b), NMFS
recently proposed that the ESU remain listed as a threatened species
(69 FR 33102; June 14, 2004). In addition, NMFS proposed that: (1)
Resident O. mykiss occurring with anadromous populations below
impassable barriers (both natural and man made); (2) two artificially
propagated populations (Don Clausen Fish Hatchery in the Russian River
basin and the Kingfisher Flat Hatchery/Scott Creek hatchery in Scott
Creek south of San Francisco); and (3) three resident O. mykiss sub-
populations above Dam 1 on Alameda Creek also be included in the CCC O.
mykiss ESU. For the purposes of this re-designation proposal,
therefore, the watershed units occupied by resident O. mykiss in upper
Alameda Creek were considered occupied. A Technical Recovery Team has
been formed and is in the process of identifying the historical and
extant independent population structure of this ESU as well as the
associated viability criteria for these populations.
The Team's assessment for this ESU addressed habitat areas within
47 occupied watersheds or CALWATER HSAs that occur in 10 associated
subbasins (or CALWATER HUs). Five of these HSAs encompass the San
Francisco--San Pablo--Suisun Bay complex which constitutes migratory
and rearing habitat for several Bay area tributary stream populations
in this ESU. As part of this assessment, the Team considered the
conservation value of each habitat area in the context of the
productivity, spatial distribution, and diversity of habitats across
the range of the ESU. The Team evaluated the conservation value of
habitat areas on the basis of the physical and biological habitat
requirements of the CCC O. mykiss ESU, consistent with the PCEs
[[Page 71895]]
identified for Pacific salmon and O. mykiss described under Methods and
Criteria Used to Identify Proposed Critical Habitat.
Unit 1. Russian River Subbasin (HU 1114)
The Russian River HU is located in the northern portion of the ESU
and includes the Russian River drainage and its tributaries. The HU
encompasses approximately 1,482 mi2 (3,824 km2)
and contains eleven HSA watersheds, ten of which are occupied. The
unoccupied HSA does not contain fish because it is located above Coyote
Dam, which is an impassable fish barrier used to facilitate water
diversions from the Eel River and delivery downstream for agricultural
and municipal purposes. Fish distribution and habitat use data compiled
by NMFS biologists identify approximately 713 miles (1,141 km) of
occupied riverine and estuarine habitat in the 10 occupied HSA
watersheds (NMFS, 2004a). The Team concluded that these occupied HSAs
watersheds contained one or more PCEs (i.e., spawning, rearing, or
migratory habitat) and identified several management activities that
may affect the PCEs, including urbanization, agriculture, grazing,
flood control channelization, road building and maintenance,
agricultural and non-agricultural water withdrawals, and non-hydro
dams. Of the occupied HSA watersheds, the Team rated one as low in
conservation value, two as medium in conservation value, and seven as
high in conservation value to the ESU (NMFS, 2004b). The Team did not
identify and unoccupied areas in this subbasin that may be essential
for the conservation of the ESU.
Unit 2. Bodega Bay Subbasin (HU 1115)
The Bodega Bay HU is located in the north central portion of the
ESU and includes several small streams as well as Bodega Harbor. The HU
encompasses approximately 147 mi2 (411 km2) and
contains four HSA watersheds, two of which are occupied. Fish
distribution and habitat use data compiled by NMFS biologists identify
approximately 18 miles (29 km2) of occupied riverine or
estuarine habitat in the occupied HSAs (NMFS, 2004a). The Team
concluded that these occupied areas contained one or more PCEs (i.e.,
spawning, rearing, or migratory habitat) and identified management
activities that may affect the PCEs, including grazing, urbanization,
agriculture, and agricultural water withdrawals. The Team rated one
occupied HSA watershed as low in conservation value and one as medium
in conservation value to the ESU (NMFS, 2004b). The Team did not
identify any unoccupied areas in this subbasin that may be essential
for the conservation of the ESU.
Unit 3. Marin Coastal Subbasin (HU 2201)
The Marin Coastal HU is located in the central portion of the ESU
along the coast and includes several small watersheds including
Lagunitas Creek. The HU encompasses approximately 327 mi2
(844 km2) and contains five HSA watersheds, four of which
are occupied. The unoccupied HSA lacks satisfactory habitat and is of
high gradient. Fish distribution and habitat use data compiled by NMFS
biologists identify approximately 74 miles (118 km) of occupied
riverine or estuarine habitat in the occupied HSAs (NMFS, 2004a). The
Team concluded that these occupied habitat areas contained one or more
PCEs (i.e., spawning, rearing, or migratory habitat) and identified
management activities that may affect the PCEs, including grazing,
urbanization, forestry, agricultural and non-agricultural water
withdrawals, and non-hydro dams. Of the occupied HSA watersheds, the
Team rated two as low in conservation value, one as medium in
conservation value, and one as high in conservation value to the ESU.
The Team did not identify any unoccupied areas in this subbasin that
may be essential to the conservation of the ESU.
Unit 4. San Mateo Subbasin (HU 2202)
The San Mateo HU is located on the coast immediately south of the
Golden Gate Bridge and includes several small creeks including San
Gregorio and Pescadero Creeks. The HU encompasses approximately 257
mi2 (663 km2) and contains six HSA watersheds,
five of which are occupied. Fish distribution and habitat use data
compiled by NMFS biologists identify approximately 146 miles (234 km)
of occupied riverine or estuarine habitat in the occupied watersheds
(NMFS, 2004a). The Team concluded that these occupied areas contained
one or more PCEs (i.e., spawning, rearing, or migratory habitat) for
this ESU and identified management activities that may affect the PCEs,
including agriculture, agricultural and non-agricultural water
withdrawals, urbanization, non-hydro dams, and road building and
maintenance. Of these occupied HSA watersheds, one is low in
conservation value, two are medium in value, and two are high in
conservation value to the ESU (NMFS, 2004b). The Team did not identify
and unoccupied areas in this subbasin that may be essential for the
conservation of the ESU.
Unit 5. Bay Bridges Subbasin (HU 2203)
The Bay Bridges HU is located in the central portion of the ESU and
includes portions of northern San Francisco Bay, San Pablo Bay, and
some associated watersheds. The HU encompasses approximately 191
mi2 (493 km2) and contains four HSA watersheds,
three of which are occupied. The San Francisco Bayside HSA is
unoccupied by this ESU due to intense urbanization and lack of stream
habitat. Fish distribution and habitat use data compiled by NMFS
biologists identify approximately 46 miles (74 km) of occupied riverine
and estuarine habitat in the occupied HSA watersheds (NMFS, 2004a). One
of the occupied HSAs (HSA 220312; Bay Waters) includes that
portion of San Francisco Bay bounded by the Bay Bridge, the Golden Gate
Bridge, and the Richmond Bridge, and encompasses an area of
approximately 83 mi2 (214 km2). This occupied
estuarine habitat area constitutes important migratory and rearing
habitat and access to the ocean for some populations within this ESU.
The Team concluded that these occupied habitat areas contained one or
more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU
and identified management activities that may affect the PCEs,
including urbanization, channel modification, flood control
channelization, road building and maintenance, and wetland loss. Of the
occupied watersheds, one each is rated low, medium and high,
respectively, in conservation value to the ESU. The Team did not
identify any unoccupied areas in this subbasin that may be essential
for the conservation of the ESU.
Unit 6. South Bay Subbasin (HU 2204)
The South Bay HU is located in the southern portion of the ESU and
includes South San Francisco Bay and associated tributaries such as
Alamada Creek. This HU encompasses approximately 1,220 mi2
(3.148 km2) and contains four occupied HSA watersheds. One
of these four watersheds (Upper Alameda Creek; HSA 220430) is
not accessible to anadromous fish at this time, but is nonetheless
considered occupied for the purposes of this critical habitat
designation because genetic evidence indicates the resident O. mykiss
that reside there are closely related to local anadromous steelhead
(Nielsen 2003) and we have proposed to include these fish in the listed
ESU (69 FR 33102; June 14, 2004). Fish distribution and
[[Page 71896]]
habitat use data compiled by NMFS biologists identify approximately 172
miles (275 km) of occupied riverine and estuarine habitat in the
occupied watersheds (NMFS, 2004a), including the Upper Alameda Creek
HSA (220430). One of the occupied HSAs (Bay Channel; HSA
220410) includes that portion of San Francisco Bay south of
the Bay Bridge to the Dumbarton Bridge, and encompasses an area of
approximately 173 mi2 (446 km2). This occupied
estuarine habitat area constitutes important migratory and rearing
habitat and access to the ocean for some populations within this ESU.
The Team concluded that these occupied habitat areas contained one or
more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU
and identified management activities that may affect the PCEs,
including urbanization, flood control channelization, non-hydro dams,
channel modification, and non-agricultural water withdrawals. Of these
occupied HSAs, the Team rated one as low in conservation value, one as
medium in conservation value, and two as high in conservation value to
the ESU. The Team did not identify any unoccupied areas in this
subbasin that may be essential for the conservation of the ESU.
Unit 7. Santa Clara Subbasin (HU 2205)
The Santa Clara HU is located in the southern portion of the ESU
and includes part of South San Francisco Bay and associated tributaries
including Coyote Creek and the Guadalupe River. This HU encompasses
approximately 840 mi2 (2,167 km2) and contains
five HSA watersheds, four of which are occupied. The remaining HSA is
unoccupied due to lack of stream habitat and intense urbanization. Fish
distribution and habitat use data compiled by NMFS biologists identify
approximately 135 miles (216 km) of occupied riverine or estuarine
habitat in the occupied watersheds (NMFS, 2004a). One of the occupied
HSAs (Dumbarton South; HSA 220510) includes that portion of
San Francisco Bay south of the Dumbarton Bridge, and encompasses an
area of approximately 15 mi2 (39 km2). This
occupied estuarine habitat area constitutes important migratory and
rearing habitat and access to the ocean for some populations within
this ESU. The Team concluded that these occupied areas contained one or
more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU
and identified management activities that may affect the PCEs,
including road building and maintenance, urbanization, wetland loss,
flood control channelization, non-hydro dams, and non-agricultural
water withdrawals. Of the occupied watersheds, the Team rated one as
low in conservation value, two as medium in conservation value, and one
as high in conservation value to the ESU (NMFS, 2004b). The Team did
not identify any unoccupied areas in this subbasin that may be
essential for the conservation of the ESU.
Unit 8. San Pablo Subbasin (HU 2206)
The San Pablo HU is located in the central portion of the ESU and
includes part of San Pablo Bay as well as several associated
tributaries including the Petaluma River, Sonoma Creek, and the Napa
River. This HU encompasses approximately 1,018 mi2 (2,626
km2) and contains six occupied HSA watersheds. Fish
distribution and habitat use data compiled by NMFS biologists identify
approximately 392 miles (627 km) of occupied riverine and estuarine
habitat in the occupied watersheds (NMFS, 2004a). One of the occupied
HSAs (San Pablo Bay; HSA 220610) includes San Pablo Bay from
the Richmond Bridge to the Carquinez Bridge, and encompasses an area of
approximately 115 mi2 (297 km2). This occupied
estuarine habitat area constitutes important migratory and rearing
habitat and access to the ocean for some populations within this ESU.
The Team concluded that these occupied areas contained one or more PCEs
(i.e., spawning, rearing, or migratory habitat) for this ESU and
identified management activities that may affect the PCEs, including
urbanization, road building and maintenance, channel modification,
flood control channelization, agriculture, wetland loss, and non-hydro
dams. Of these occupied watersheds, the Team rated two as low, one as
medium, and three as high in conservation value to the ESU (NMFS,
2004b). The Team did not identify any unoccupied areas in this subbasin
that may be essential for the conservation of the ESU.
Unit 9. Suisun Bay Subbasin (HU 2207)
The Suisun Bay HU is located in the easternmost portion of the ESU
and includes Suisun Bay and associated tributaries including Mount
Diablo Creek and Suisun Creek. This HU encompasses approximately 653
mi2 (1,684 km2) and contains eight HSA
watersheds, five of which are occupied. The remaining three HSA
watersheds are unoccupied due to unsuitable habitat and/or barriers and
urbanization. Fish distribution and habitat use data compiled by NMFS
biologists identify approximately 86 miles (138 km) of occupied
riverine and estuarine habitat in these watersheds (NMFS, 2004a). One
of the occupied HSAs (Suisun Bay; HSA 220710) includes Suisun
Bay which encompasses an area of approximately 56 mi2 (143
km2). This occupied estuarine habitat area constitutes
important migratory and rearing habitat and access to the ocean for
some populations within this ESU. The Team concluded that these
occupied areas contained one or more PCEs (i.e., spawning, rearing, or
migratory habitat) for this ESU and identified management activities
that may affect the PCEs, including urbanization, road building and
maintenance, wetland loss, non-hydro dams, flood control
channelization, and agricultural and non-agricultural water
withdrawals. Of the occupied watersheds, the Team rated four as low and
one as medium in conservation value for the ESU (NMFS, 2004b). The Team
did not identify any unoccupied areas in this subbasin that may be
essential for the conservation of the ESU.
Unit 10. Big Basin Subbasin (HU 3304)
The Big Basin HU is located in the southernmost coastal portion of
the ESU south of the Golden Gate Bridge and includes several small
coastal streams such as Gazos Creek, Waddell Creek, Scott Creek, the
San Lorenzo River, Soquel Creek and Aptos Creek. This HU encompasses
approximately 367 mi2 (947 km2) and contains four
occupied HSA watersheds. Fish distribution and habitat use data
compiled by NMFS biologists identify approximately 220 miles (352 km)
of occupied riverine and estuarine habitat in these watersheds (NMFS,
2004a). The Team concluded that these occupied areas contained one or
more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU
and identified management activities that may affect the PCEs,
including road building and maintenance, forestry, agricultural and
non-agricultural water withdrawals, and non-hydro dams. Of these
occupied watersheds, the Team rated one as medium and three as high in
conservation value to the ESU (NMFS, 2004b). The Team did not identify
any unoccupied areas in this subbasin that may be essential for the
conservation of the ESU.
South-Central California Coast (SCCC) O. mykiss ESU
The SCCC O. mykiss ESU was listed as a threatened species in 1997
(62 FR 43937). The ESU includes all naturally spawned populations of O.
mykiss in
[[Page 71897]]
coastal river basins from the Pajaro River southward to, but not
including, the Santa Maria River. The major watersheds occupied by
naturally spawning fish in this ESU include the Pajaro River, Salinas
River, Carmel River, and numerous smaller rivers and streams along the
Big Sur coast and southward. Most of the rivers in this ESU drain the
Santa Lucia Range, the southernmost unit of the California Coast Range,
and only winter steelhead are found in this ESU. The climate is drier
and warmer than in the north, as reflected in vegetational changes from
coniferous forest to chapparral and coastal scrub. The mouths of many
rivers and streams in this ESU are seasonally closed by sand berms that
form during periods of low flow in the summer. Based on an updated
status review (NMFS, 2003a), NMFS recently proposed that the ESU remain
listed as a threatened species and that resident O. mykiss co-occurring
with anadromous populations below impassible barriers (both natural and
man-made) be included in the ESU (69 FR 33102; June 14, 2004). A
Technical Recovery Team has been formed and is in the process of
identifying the historical and extant independent population structure
of this ESU and associated population viability criteria. The time
frame for completion of this work is uncertain.
The Team's assessment for this ESU addressed habitat areas within
30 occupied watersheds or CALWATER HSAs that occur in 8 associated
subbasins (or CALWATER HUs). In addition to 29 HSA watershed units, a
conservation assessment was also made for Morro Bay (a separate HSA
unit) which provides rearing and migration PCEs for this ESU. As part
of its conservation assessment, the Team considered the conservation
value of each habitat area in the context of the productivity, spatial
distribution, and diversity of habitat across the range of the ESU. The
Team evaluated the conservation value of habitat areas on the basis of
the physical and biological habitat requirements of the SCCC O. mykiss
ESU, consistent with the PCEs identified for Pacific salmon and O.
mykiss described under Methods and Criteria Used to Identify Proposed
Critical Habitat.
Unit 1. Pajaro River Subbasin (HU 3305)
The Pajaro River HU is located in the northern part of the ESU and
includes the Pajaro River and its tributaries. The HU encompasses
approximately 1,311 mi2 (3,382 km2) and contains
five occupied HSA watersheds, although a portion of one HSA is located
outside the boundary of the ESU. Fish distribution and habitat use data
compiled by NMFS biologists identify approximately 296 miles (474 km)
of occupied riverine and/or estuarine habitat in the occupied HSA
watersheds (NMFS, 2004a). The Team concluded that these occupied HSAs
contained one or more PCEs (i.e., spawning, rearing, or migratory
habitat) and identified several management activities that may affect
the PCEs, including flood control channelization, agricultural and non-
agricultural water withdrawals, road building and maintenance, and non-
hydro dams. Of the five occupied watersheds, the Team rated three as
medium in conservation value and two as high in conservation value to
the ESU (NMFS, 2004b).
The Team also concluded that inaccessible habitat above Uvas Dam in
Uvas Creek (a tributary to the Pajaro River) may be essential to the
conservation of the ESU. The Team concluded that this unoccupied
habitat area may be essential for conservation because: (1) It supports
O. mykiss native to the Pajaro River watershed and contains habitat
suitable for spawning and rearing; and (2) efforts are underway to
implement a long-standing agreement between the South Santa Clara
Valley Water Conservation District and the State of California to
provide fish passage past this dam. We seek comment on whether this
unoccupied area should be proposed as critical habitat.
Unit 2. Bolsa Neuva Subbasin (HU 3306)
The Bolsa Neuva HU is a small watershed unit located in the
northern part of the ESU which includes Elkhorn Slough. The HU
encompasses approximately 51 mi2 (132 km2) and
contains one HSA watershed and approximately 63 miles of streams (at
1:100,000 hydrography). Fish distribution and habitat use data compiled
by NMFS biologists indicate that this watershed is not occupied (NMFS,
2004a). The Team did not identify this unoccupied HSA as a habitat area
that was essential for the conservation of the ESU. Because this HU did
not contain occupied habitat or unoccupied habitat that the Team
believed may be essential for the conservation of the ESU, it was not
considered further in the designation process.
Unit 3. Carmel River Subbasin (HU 3307)
The Carmel River HU is located in the northwestern portion of the
ESU and includes the Carmel River watershed. The HU encompasses
approximately 256 mi2 (660 km2) and contains only
one HSA which is occupied. Fish distribution and habitat use data
compiled by NMFS biologists identify approximately 136 miles (218 km)
of occupied riverine and estuarine habitat in this watershed (NMFS,
2004a). The Team concluded that this occupied watershed contained
habitat areas with one or more PCEs (i.e., spawning, rearing, or
migratory habitat) and identified management activities that may affect
the PCEs, including flood control channelization, non-hydro dams, and
non-agricultural water withdrawals. The Team rated this watershed as
having high conservation value to the ESU (NMFS, 2004b). The Team did
not identify any unoccupied areas in this subbasin that may be
essential for conservation of the ESU.
Unit 4. Santa Lucia Subbasin (HU 3308)
The Santa Lucia HU is located along the Big Sur coastal area and
includes the Big Sur River and Little Sur River watersheds. The HU
encompasses approximately 302 mi2 (779 km2) and
contains only a single HSA which is occupied. Fish distribution and
habitat use data compiled by NMFS biologists identify approximately 102
miles (163 km) of occupied riverine and estuarine habitat in this
watershed (NMFS, 2004a). The Team concluded that this occupied
watershed contained one or more PCEs (i.e. spawning, rearing, or
migratory habitat) and identified at least one management activity that
may affect the PCEs, including road building and maintenance. The Team
rated this watershed as having high conservation value to the ESU
(NMFS, 2004b). The Team did not identify any unoccupied areas in this
subbasin that may be essential for the conservation of the ESU.
Unit 5. Salinas River Subbasin (HU 3309)
The Salinas River HU is located in the north-central portion of the
ESU and includes the Salinas River watershed which is the largest in
the ESU. The Salinas River HU encompasses approximately 3,527
mi2 (9,099km2) and contains twelve HSA
watersheds, seven of which are occupied. Fish distribution and habitat
use data compiled by NMFS biologists identify approximately 375 miles
(600 km) of occupied riverine and estuarine habitat in the occupied HSA
watersheds (NMFS, 2004a). The Team concluded that these occupied areas
contained one or more PCEs (i.e., spawning, rearing, or migratory
habitat) and identified management activities
[[Page 71898]]
that may affect the PCEs, including agriculture, flood control
channelization, wetland loss, road building and maintenance, non-hydro
dams, and agricultural water withdrawals. Of the occupied watersheds,
the Team rated four as having low conservation value, one as having
medium conservation value, and two as having high conservation value to
the ESU (NMFS, 2004b). The Team did not identify any unoccupied areas
in this subbasin that may be essential for the conservation of the ESU.
Unit 6. Estero Bay (HU 3310)
The Estero Bay HU is located along the southern coast of the ESU
and includes several relatively small coastal streams including Arroyo
De La Cruz, San Simeon Creek, Santa Rosa Creek, Morro Creek, Chorro
Creek, San Luis Obispo Creek, and Arroyo Grande Creek. The HU
encompasses approximately 751 mi2 (436 km2) and
contains seventeen HSA watersheds, sixteen of which are occupied. One
of these occupied watersheds is Morro Bay into which the Morro Creek
and Chorro Creek watersheds drain. Morro Bay proper encompasses an area
of approximately 3 mi2 (8 km2) and is an
important rearing and migratory habitat for populations that occupy the
watersheds that drain into the Bay. Fish distribution and habitat use
data compiled by NMFS biologists identify approximately 352 miles (563
km) of occupied riverine habitat in the occupied watersheds (NMFS,
2004a). The Team concluded that these occupied habitat areas contained
one or more PCEs (i.e., spawning, rearing, or migratory habitat) and
identified management activities that may affect the PCEs, including
grazing, agriculture, urbanization, non-hydro dams, road building and
maintenance, and agricultural water withdrawals. Of the occupied HSA
watersheds, the Team rated two as low, seven as medium, and seven as
high in conservation value to the ESU (NMFS, 2004b). The Team did not
identify any unoccupied areas in this subbasin that may be essential
for the conservation of the ESU.
Units 7 (Santa Maria HU 3312) and 8 (Estrella HU
3317)
Portions of the Santa Maria and Estrella HUs are within the
geographic range of this ESU, but do not contain occupied riverine or
estuarine habitat. The Santa Maria HU includes a single HSA (Guadalupe;
331210) which is divided by the ESU boundary. All occupied habitat
within this HSA occurs within the range of the Southern California
steelhead ESU. The Estrella HU contains a single HSA (Estrella River;
331700) which is unoccupied. The Team did not identify any unoccupied
areas in this subbasin that may be essential for the conservation of
the ESU. Because these areas did not contain occupied habitat or
unoccupied habitat that may be essential for the conservation of the
ESU, they were not considered further in the designation process.
Southern California (SC) O. mykiss ESU
The SC O. mykiss ESU was listed as an endangered species in 1997
(62 FR 3937; August 18, 1997). In 2002, the status of the ESU was
updated and its range extended based on new information indicating that
anadromous O. mykiss had re-colonized watersheds from which it was
thought to have been extirpated (67 FR 21586; May 1, 2002). The SC O.
mykiss ESU includes all naturally spawned populations of O. mykiss in
coastal river basins from the Santa Maria River in San Luis Obispo
County southward to the U.S.--Mexican Border (67 FR 21586). Major
coastal watersheds occupied by naturally spawning fish in this ESU
include the Santa Maria, Santa Ynez, Ventura, and Santa Clara Rivers.
Several smaller streams in Santa Barbara, Ventura and northern Los
Angeles County also support naturally spawning steelhead, as do two
watersheds (San Juan Creek and San Mateo Creek) in southern Orange
County and northern San Diego County. These southernmost populations
are disjunct in distribution and are separated from the northernmost
populations by approximately 80 miles (128 km). Based on an updated
status review (NMFS, 2003a), NMFS recently proposed that the ESU remain
listed as an endangered species (69 FR 33102; June 14, 2004). In
addition, NMFS proposed that resident O. mykiss occurring with
anadromous populations below impassable barriers (both natural and man
made) also be included in the ESU. A Technical Recovery Team has been
formed for the South-Central coast of California and is in the process
of identifying the historical and extant independent population
structure of this ESU and the SCCC O. mykiss ESU, as well as the
associated viability criteria for these populations.
The Team's assessment for this ESU addressed habitat areas within
37 occupied watersheds or CALWATER HSAs that occur in 8 associated
subbasins or CALWATER HUs. As part of its assessment, the Team
considered the conservation value of each habitat area (or HSA) in the
context of the productivity, spatial distribution, and diversity of
habitats across the range of the ESU. The Team evaluated the
conservation value of habitat areas on the basis of the physical and
biological habitat requirements of the SC O. mykiss, consistent with
the PCEs identified for Pacific salmon and O. mykiss described under
Methods and Criteria Used to Identify Proposed Critical Habitat.
Unit 1. Santa Maria River Subbasin (HU 3312)
The Santa Maria River HU is located in the northwestern portion of
the ESU and includes the Santa Maria River and its upstream
tributaries, the Sisquoc and Cuyama Rivers. The HU encompasses an area
of approximately 704 mi2 (1816 km2) and contains
three occupied HSA watersheds. Fish distribution and habitat use data
compiled by NMFS biologists identify approximately 219 miles (350 km)
of occupied riverine and estuarine habitat in these watersheds (NMFS,
2004a). The Team concluded that these occupied HSA watersheds contained
one or more PCEs (i.e., spawning, rearing, or migratory habitat) and
identified several management activities that may affect the PCEs,
including non-hydro dams, water withdrawals, sand and gravel mining,
and grazing. Of the occupied watersheds, the Team rated two as low and
one as high in conservation value to the ESU (NMFS, 2004b). The Team
did not identify any unoccupied areas in this subbasin that may be
essential for the conservation of the ESU.
Unit 2. Santa Ynez River Subbasin (HU 3314)
The Santa Ynez River HU is located in the northwestern portion of
the ESU and includes the Santa Ynez River watershed. The HU encompasses
an area of approximately 485 mi2 (1,251 km2) and
contains six HSA watersheds, five of which are occupied. Fish
distribution and habitat use data compiled by NMFS biologists identify
approximately 138 miles (221 km) of occupied riverine and estuarine
habitat in the occupied watersheds (NMFS, 2004a). The Team concluded
that these occupied watersheds contained one or more PCEs (i.e.,
spawning, rearing, or migratory habitat) and identified several
management activities that may affect the PCEs, including grazing,
water withdrawals, non-hydro dams, urbanization, barriers to migration,
and road building and maintenance. Of these occupied watersheds, the
Team rated one as low, two as medium, and two as high in conservation
value to the ESU (NMFS, 2004b).
[[Page 71899]]
The Team also concluded that inaccessible reaches of the Santa Ynez
River and its tributaries above Bradbury Dam may be essential to the
conservation of this ESU. The Team reached this conclusion because
historical records indicate that the upper portion of the Santa Ynez
watershed above Bradbury Dam provided the principal spawning and
rearing habitat for a historically large anadromous O. mykiss
population within this river system prior to construction of the dam.
In addition, most of these unoccupied river reaches are located on
lands under public ownership and management, primarily the Los Padres
National Forest. Because of the large size of the Santa Ynez river
system, it is likely to have historically supported one or more
independent populations which contributed to the resiliency of the ESU
and served as a buffer against extinction. The currently occupied
habitat areas within the range of the SC O. mykiss ESU are relatively
small in number and size, and in many cases are isolated from other
occupied habitats, thus the re-establishment of larger populations such
as the one that historically occurred in the Santa Ynez River may be
necessary to reduce the extinction probability of this ESU. We seek
comment on whether unoccupied areas above Bradbury Dam should be
proposed as critical habitat.
Unit 3. South Coast Subbasin (HU 3315)
The South Coast HU is located in the northwestern portion of the
ESU and includes several small coastal streams such as Jalama Creek,
Arroyo Hondo, Mission Creek, and Carpinteria Creek. The HU encompasses
an area of approximately 375 mi2 (968 km2) and
contains five occupied HSAs. Fish distribution and habitat use data
compiled by NMFS biologists identify approximately 152 miles (243 km)
of occupied riverine and estuarine habitat in the occupied watersheds
(NMFS, 2004a). The Team concluded that these occupied HSA watersheds
contained one or more PCEs (i.e., spawning, rearing, or migratory
habitat) and identified several management activities that may affect
the PCEs, including agriculture, migration barriers or impediments,
water withdrawals, urbanization, road building and maintenance, and
wetland loss. Of the occupied watersheds, the Team rated all five as
high in conservation value to the ESU (NMFS, 2004b). The Team did not
identify any unoccupied areas in this subbasin that may be essential
for the conservation of the ESU.
Unit 4. Ventura River Subbasin (HU 4402)
The Ventura River HU is located in the northwestern portion of the
ESU and includes the Ventura River and its associated tributaries. The
HU encompasses an area of approximately 162 mi2 (259
km2) and contains four occupied HSA watersheds. Fish
distribution and habitat use data compiled by NMFS biologists identify
approximately 68 miles (109 km) of occupied riverine and estuarine
habitat in the occupied watersheds (NMFS, 2004a). The Team concluded
that these occupied HSAs contained one or more PCEs (i.e., spawning,
rearing, or migratory habitat) and identified several management
activities that may affect the PCEs, including urbanization,
agriculture, water withdrawals, non-hydro dams, barriers or
impediments, and exotic or invasive species. Of these occupied
watersheds, the Team rated two as medium and two as high in
conservation value (NMFS, 2004b).
The Team also concluded that inaccessible reaches of Matilija Creek
and its tributaries above Matilija Dam and inaccessible reaches of
Coyote and Santa Ana Creeks above Casitas Dam may be essential to the
conservation of this ESU. The Team reached this conclusion because
historical records indicate that the inaccessible habitat reaches above
Matilija and Casitas Dams provided the principal spawning and rearing
habitat for a historically large anadromous O. mykiss population within
the Ventura River watershed prior to construction of the dams. In
addition, most of these unoccupied river reaches are located on lands
under public ownership and management, primarily the Los Padres
National Forest. Because of the relatively large size of the Ventura
River watershed, it is likely to have historically supported one or
more independent populations prior to dam construction which
contributed to the resiliency of the ESU and served as a buffer against
extinction. The currently occupied habitat areas within the range of
the SC O. mykiss ESU are relatively small in number and size, and in
many cases are isolated from other occupied habitats. Thus the re-
establishment of larger populations such as the ones that historically
occurred in the Ventura River watershed may be necessary to reduce the
extinction probability of this ESU. We seek comment on whether
unoccupied areas above Matilija and Casitas Dams should be proposed as
critical habitat.
Unit 5. Santa Clara--Calleguas Subbasin (HU 4403)
The Santa Clara--Calleguas HU is located in the northwestern
portion of the range of the ESU and includes the Santa Clara River and
its tributaries including Sespe Creek. That portion of the HU within
the range of the ESU encompasses a large area of approximately 1,236
mi2 (3,189 km2) and contains 14 HSA watersheds,
only 6 of which are occupied. Fish distribution and habitat use data
compiled by NMFS biologists identify approximately 182 miles (291 km)
of occupied riverine and estuarine habitat in the occupied watersheds
(NMFS, 2004a). The Team concluded that these occupied HSAs contained
one or more PCEs (i.e., spawning, rearing, or migratory habitat) and
identified several management activities that may affect the PCEs,
including agriculture, irrigation water withdrawals, barriers and
impediments, dams, urbanization, and exotic/invasive species. Of these
occupied watersheds, the Team rated one as medium and five as high in
conservation value (NMFS, 2004b).
The Team also concluded that inaccessible reaches of Piru Creek and
its tributaries above Santa Felicia Dam may be essential to the
conservation of this ESU. The Team reached this conclusion because
historical records indicate that the inaccessible habitat reaches above
Santa Felicia Dam provided the principal spawning and rearing habitat
for a historically large anadromous O. mykiss population within the
Santa Clara River watershed prior to construction of the dam. In
addition, most of these unoccupied river reaches are located on lands
under public ownership and management, primarily the Los Padres
National Forest. Because of the large size of the Santa Clara River
watershed, it is likely to have historically supported one or more
independent populations prior to dam construction which contributed to
the resiliency of the ESU and served as a buffer against its
extinction. The currently occupied habitat areas within the range of
the SC O. mykiss ESU are relatively small in number and size, and in
many cases are isolated from other occupied habitats, thus the re-
establishment of larger populations such as the one that historically
occurred in the Santa Clara River watershed may be necessary to reduce
the extinction probability of this ESU. We seek comment on whether
unoccupied areas above Santa Felicia Dam should be proposed as critical
habitat.
[[Page 71900]]
Unit 6. Santa Monica Bay Subbasin (HU 4404)
The Santa Monica Bay HU is located in the northwestern portion of
the ESU and includes Topanga Creek, Malibu Creek, and Arroyo Sequit.
That portion of the HU within the ESU encompasses approximately 328
mi2 (846 km2) and includes 29 HSA watersheds,
only 3 of which are occupied. Fish distribution and habitat use data
compiled by NMFS biologists identify only approximately 11 miles (18
km) of occupied riverine and estuarine habitat in the 3 occupied
watersheds (NMFS, 2004a). The Team concluded that these occupied
watersheds contained one or more PCEs (i.e., spawning, rearing, or
migratory habitat) and identified several management activities that
may affect the PCEs, including road building and maintenance,
urbanization, barriers and impediments, and flood control and other
channel modifications. Of these occupied watersheds, the Team rated all
three as high in conservation value to the ESU (NMFS, 2004b).
The Team also concluded that inaccessible reaches of Malibu Creek
above Rindge Dam may be essential to the conservtion of this ESU. The
Team reached this conclusion because historical records indicate that
the inaccessible habitat reaches above Rindge Dam provided the
principal spawning and rearing habitat for an important anadromous O.
mykiss population within the Malibu River watershed prior to
construction of the dam. Because of the size of this watershed, it is
likely to have historically supported an independent population prior
to dam construction which contributed to the resiliency of the ESU and
served as a buffer against its extinction. The currently occupied
habitat areas within the range of the SC O. mykiss ESU are relatively
small in number and size, and in many cases are isolated from other
occupied habitats, thus the re-establishment of larger populations such
as the one that historically occurred in Malibu Creek may be necessary
to reduce the extinction probability of this ESU. We seek comment on
whether unoccupied areas above Rindge Dam should be proposed as
critical habitat.
Unit 7. Calleguas Subbasin (HU 4408)
The Calleguas HU is located in the northwestern portion of the ESU
and includes Calleguas Creek and estuary. That portion of the HU within
the range of the ESU encompasses a large area of approximately 344
mi2 (888 km2) and 12 HSA watersheds, only 2 of
which are occupied. Fish distribution and habitat use data compiled by
NMFS biologists identify only approximately 1 mile (1.6 km) of occupied
freshwater and estuarine habitat in the occupied HSA watersheds (NMFS,
2004b). The Team concluded that the occupied watersheds contained one
or more PCEs (i.e., rearing and migratory habitat) and identified
management activities that may affect the PCEs, including agriculture,
channel modifications, and barriers or impediments. The Team also
concluded that both watersheds have a low conservation value to the ESU
(NMFS, 2004b). The Team did not identify any unoccupied areas that may
be essential to the conservation of the ESU.
Unit 8. San Juan Subbasin (HU 4901)
The San Juan HU is located in the southern portion of the ESU and
includes the San Juan Creek and San Mateo Creek watersheds which have
recently been re-colonized by anadromous O. mykiss. That portion of the
HU within the range of the ESU encompasses an area of approximately 496
mi2 (1,280 km2) and contains 18 HSA watersheds, 9
of which are occupied. Fish distribution and habitat use data compiled
by NMFS biologists identify approximately 66 miles (106 km) of occupied
riverine and estuarine habitat in the occupied watersheds (NMFS,
2004a). The Team concluded that the occupied watersheds contained one
or more PCEs (i.e., spawning, rearing, or migratory habitat) and
identified several management activities that may affect the PCEs,
including urbanization, road building and maintenance, barriers and
impediments, channel modifications or flood control structures,
agriculture, agricultural and non-agricultural water withdrawals, and
exotic/invasive species. Of these occupied watersheds, the Team rated
one as low, one as medium, and seven as high in conservation value to
the ESU (NMFS, 2004b). The Team did not identify any unoccupied areas
that may be essential for the conservation of the ESU.
Within the range of the SC O. mykiss ESU, which extends from the
Santa Maria River southward to the U.S.--Mexico border, there are a
large number of HSA watersheds and their associated subbasins (or HUs)
that are not occupied. These unoccupied subbasins include the San
Gabriel River, Los Angeles River, Santa Ana River, Santa Margarita
River, San Luis Rey River, San Dieguito River, San Diego River,
Sweetwater River, Otay River and Tijuana River. Because these areas are
unoccupied and were not considered essential for conservation of the
ESU by the Team, they were not considered further in the designation
process.
Central Valley (CV) Spring-Run Chinook ESU
The CV spring-run chinook ESU was listed as a threatened species in
1999 (64 FR 50394). The ESU includes all naturally spawned populations
of spring-run chinook salmon in the Sacramento River and its
tributaries. The agency recently conducted a review to update the ESU's
status, taking into account new information and considering the net
contribution of artificial propagation efforts in the ESU. A single
artificially propagated spring-run chinook stock resides within the
historical geographic range of the ESU (Feather River Hatchery spring-
run chinook program), but it is not considered part of the ESU because
of introgression with fall-run chinook salmon. NMFS has recently
proposed that the CV spring-run chinook ESU remain listed as a
threatened species (69 FR 33102; June 14, 2004). No artificial
propagation programs were proposed for listing.
A Technical Recovery Team has been established for the Central
Valley recovery planning domain, and it has identified historic and
extant demographically independent populations of spring chinook (NMFS,
2004; NOAA Technical Memorandum NOAA-TM-NMFS-SWFSC-370). The TRT
divided the range of the spring-run chinook ESU into four geographic
groups. Geographic areas in each group inhabit similar environments
based on a principle components analysis of environmental variables.
The four geographic groups are the southern Cascades, northern Sierra,
southern Sierra, and Coast Range. The TRT identified at least 18
historically demographically independent populations of spring-run
chinook distributed among these four geographic areas, plus an
additional seven likely dependent populations that may have been
strongly influenced by adjacent independent population. Three of the 18
independent populations are extant (Mill, Deer and Butte Creek
populations) and all occur in the Southern Cascade geographic area.
Several extant dependent populations have intermittent runs of spring
chinook including Big Chico, Antelope, and Beegum Creeks. Recovery
planning will likely emphasize the need for having viable populations
distributed across the range of the identified geographic areas
(Ruckelshaus et al., 2002; McElhany et al., 2003). Recovery planning
efforts are currently focused on working with the CalFed and Central
[[Page 71901]]
Valley Project Improvement Act programs to implement habitat
restoration projects and other recovery related efforts in the Central
Valley. The Team considered the TRT products in rating each watershed
and also solicited input from the TRT on the distributional and habitat
use information that was compiled as well as the conservation
assessment of occupied HSAs.
The Team's assessment for this ESU addressed habitat areas within
37 occupied watersheds or CALWATER HSAs that occur in 15 associated
subbasins or CALWATER HUs. This assessment also included four HSAs that
encompass the San Francisco-San Pablo-Suisun Bay complex, which
constitutes rearing and migration habitat for this ESU. This complex is
treated as a separate unit in the following ESU description even though
it is not a CALWATER HU. As part of its assessment, the Team considered
the conservation value of each habitat area (or HSA) in the context of
the productivity, spatial distribution, and diversity of habitats
across the range of the ESU. The Team evaluated the conservation value
of habitat areas on the basis of the physical and biological habitat
requirements of the CV spring-run chinook, consistent with the PCEs
identified for Pacific salmon and O. mykiss described under Methods and
Criteria Used to Identify Proposed Critical Habitat.
Unit 1. Tehama Subbasin (HU 5504)
The Tehama HU is located in the north central portion of the ESU
and includes portions of the mainstem Sacramento River, the lower
portions of two westside tributaries (Thomes and Stony Creeks) and the
lower portions of three eastside tributaries (Mill Creek, Deer Creek,
and Pine Creek). The HU encompasses an area of approximately 1,119
square miles (2,887 km2) and contains two HSA watersheds,
both of which are occupied. Fish distribution and habitat use data
compiled by NMFS biologists identify approximately 250 miles (400 km)
of occupied riverine habitat in the occupied watersheds (NMFS, 2004a).
The Team concluded that these occupied watersheds contained one or more
PCEs (i.e., spawning, rearing, or migratory habitat) and identified
several management activities that may affect the PCEs, including
agricultural water withdrawals, fish passage impediments, stream bank
stabilization for flood control, dam operations, urbanization,
rangeland management, diking, and point and non-point source water
pollution. Of these occupied watersheds, the Team rated one as medium
and one as having high conservation value to the ESU (NMFS, 2004b). The
Team did not identify any unoccupied areas in this subbasin that may be
essential for the conservation of the ESU.
Unit 2. Whitmore Subbasin (HU 5507)
The Whitmore HU is located in the north eastern portion of the ESU
and includes portions of upper Battle Creek (North and South Forks),
upper Bear Creek, and the Cow Creek watershed. The HU encompasses an
area approximately 913 mi\2\ (2,355 km\2\) and contains seven HSA
watersheds, four of which are occupied. Fish distribution and habitat
use data compiled by NMFS biologists identify approximately 58 miles
(93 km) of occupied riverine habitat in the occupied HSAs (NMFS,
2004a). The Team concluded that these occupied areas contained one or
more PCEs (i.e., spawning, rearing, or migratory habitat) and
identified management activities that may affect the PCEs, including
agricultural and no-agricultural water withdrawals, forestry, rangeland
management, hydropower diversions, urbanization, and fish passage
impediments. Of these watersheds, the Team rated three as having low
conservation value and one as having high conservation value to the ESU
(NMFS, 2004b). The Team did not identify any unoccupied areas in this
subbasin that may be essential for the conservation of the ESU.
Unit 3. Redding Subbasin (HU 5508)
The Redding HU is located in the northernmost portion of the ESU
and includes portions of the upper Sacramento River mainstem, westside
tributaries including Cottonwood Creek (portions of both the Middle and
South Forks) and Clear Creek, and the lower portions of several
eastside tributaries (Cow Creek, Bear Creek, and lower Battle Creek).
The HU encompasses an area of approximately 705 mi\2\ (1,818 km\2\) and
contains two occupied HSA watersheds. Fish distribution and habitat use
data compiled by NMFS biologists identify approximately 159 miles (254
km) of occupied riverine habitat in these watersheds (NMFS, 2004a). The
Team concluded that these occupied areas contained one or more PCEs
(i.e., spawning, rearing, or migratory habitat) and identified
management activities that may affect the PCEs, including rangeland
management, gravel mining, fish passage impediments, dam operations and
flood control water storage, and agricultural water withdrawals. The
Team rated both occupied watersheds as having high conservation value
to the ESU (NMFS, 2004b). The Team did not identify any unoccupied
areas in this subbasin that may be essential for the conservation of
the ESU.
Unit 4. Eastern Tehama Subbasin (HU 5509)
The Eastern Tehama HU is located in the northeastern portion of the
ESU and includes portions of several important populations including
Mill Creek, Deer Creek, Antelope Creek, and the upper portion of Big
Chico Creek. The HU encompasses an area of approximately 896 mi\2\
(2,311 km\2\) and contains ten HSA watersheds, four of which are
occupied. Fish distribution and habitat use data compiled by NMFS
biologists identify approximately 117 miles (187 km) of occupied
riverine habitat in the occupied watersheds (NMFS, 2004a). The Team
concluded that these occupied areas contained one or more PCEs (i.e.,
spawning, rearing, or migratory habitat) for this ESU and identified
management activities that may affect the PCEs, including forestry,
rangeland management, fish passage impediments, road building and
maintenance, and agricultural water withdrawals. Of the occupied
watersheds, the Team rated them all high in conservation value to the
ESU (NMFS, 2004b). The Team did not identify any unoccupied areas in
this subbasin may be essential for the conservation of the ESU.
Unit 5. Sacramento Delta Subbasin (HU 5510)
The Sacramento Delta HU is located in the southern portion of the
ESU and includes portions of the mainstem Sacramento River and the Deep
Water Ship Channel. The HU encompasses an area of approximately 446
mi\2\ (1,150 km\2\) and contains a single HSA which is occupied. Fish
distribution and habitat use data compiled by NMFS biologists identify
approximately 180 miles (288 km) of occupied riverine habitat in this
watershed (NMFS, 2004a). The Team concluded that these occupied areas
contained one or more PCEs (i.e., spawning, rearing, or migratory
habitat) for this ESU and identified management activities that may
affect the PCEs, including agricultural water withdrawals, point and
non-point water pollution, invasive/non-native species, diking, and
streambank stabilization for flood control. The Team rated this
watershed as high in conservation value to the ESU (NMFS, 2004b). The
Team did not identify any unoccupied habitat areas in the subbasin that
may be essential for conservation of the ESU.
[[Page 71902]]
Unit 6. Valley Putah-Cache Subbasin (HU 5511)
The Valley Putah-Cache HU is located in the southern portion of the
ESU and includes portions of Putah and Cache Creeks. This HU
encompasses an area of approximately 961 mi\2\ (2,479 km\2\) and
contains two HSA watersheds within the range of the ESU, one of which
is occupied. Fish distribution and habitat use data compiled by NMFS
biologists identify approximately 16 miles (26 km) of occupied riverine
habitat in this watershed (NMFS, 2004a). The Team concluded that these
occupied areas contained one or more PCEs (i.e., spawning, rearing, or
migratory habitat) for this ESU and identified management activities
that may affect the PCEs, including urban development, agricultural
water withdrawals, and impediments to fish passage. The Team rated the
occupied watershed as high in conservation value to the ESU (NMFS,
2004b). The Team did not identify any unoccupied habitat areas in this
subbasin that may be essential for the conservation of the ESU.
Unit 7. Marysville Subbasin (HU 5515)
The Marysville HU is located in the central portion of the ESU and
includes portions of the lower Feather and Yuba Rivers. This HU
encompasses an area of approximately 417 mi\2\ (1,076 km\2\) and
contains three HSA watersheds, two of which are occupied. Fish
distribution and habitat use data compiled by NMFS biologists identify
only 58 miles (93 km) of occupied riverine habitat in these occupied
watersheds (NMFS, 2004a). The Team concluded that these occupied areas
contained one or more PCEs (i.e., spawning, rearing, or migratory
habitat) for this ESU and identified management activities that may
affect the PCEs, including agricultural water withdrawals,
hydroelectric and municipal water diversions, water storage for flood
control, dam operations, streambank stabilization for flood control,
diking, and fish passage impediments. The Team rated both occupied
watersheds as high in conservation value to the ESU (NMFS, 2004b).
The Team did not identify any unoccupied habitat areas in this
subbasin that may be essential for the conservation of the ESU;
however, the Team did conclude that inaccessible stream reaches in the
Upper Feather River above Oroville Dam in the adjacent subbasin (HU
5518) may be essential to the conservation of this ESU.
Specifically, the Team identified the following stream reaches above
Oroville Dam that may be essential for conservation of this ESU: from
Oroville Dam upstream along the West Branch of the Feather River to the
vicinity of Kimshew Falls; along the North Fork of the Feather River
upstream of the location of Lake Almanor; along the East Branch of the
NF Feather River including Indian Creek and Spanish Creek; the South
Middle Fork of the Feather River, and the South Fork of the Feather
River upstream to the first natural impassible barrier. Both spring-run
chinook and steelhead historically occurred in the Upper Feather River
prior to Pacific Gas and Electric's hydroelectric development in the
North Fork watershed and the construction of Oroville Dam. Construction
of Oroville Dam extirpated both the spring-run chinook and steelhead
populations in this upper watershed. The Team concluded that spawning,
rearing, and migratory habitat occurs above Oroville Dam in these
inaccessible reaches, but it is in better condition for steelhead than
spring-run chinook salmon. The feasibility of providing fish passage
past Oroville Dam is currently being evaluated through the ongoing FERC
relicensing process for this facility. The Team concluded this
inaccessible habitat may be essential for the conservation of this ESU
because the genetic integrity of spring-run chinook in the Lower
Feather River has been compromised by Feather River Hatchery practices
(i.e., introgression of spring and fall runs in the hatchery), and
providing access to the unoccupied habitat above the dam would allow
for expansion of the population in this watershed. We seek comment on
whether this unoccupied habitat should be proposed as critical habitat.
Unit 8. Yuba River Subbasin (HU 5517)
The Yuba River HU is located in the central and eastern portion of
the ESU and includes part of the upper Yuba River watershed. This HU
encompasses an area of approximately 1,436 mi\2\ (3,704 km\2\) and
contains sixteen HSA watersheds, only four of which are occupied.
Virtually all of these watersheds, however, are outside the previously
identified boundary of the ESU. Fish distribution and habitat use data
compiled by NMFS biologists identify only approximately 22 miles (35
km) of occupied riverine habitat in the occupied watersheds (NMFS,
2004a). The Team concluded that these occupied areas contained one or
more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU
and identified management activities that may affect the PCEs,
including agricultural and non-agricultural water withdrawals, fish
passage impediments, and dam operations. Of these occupied watersheds,
the Team rated one as low, one as medium, and two as high in
conservation value to the ESU (NMFS, 2004b).
The Team concluded that inaccessible stream reaches on the Upper
Yuba River above Englebright Dam may be essential to the conservation
of this ESU, including those upstream reaches on the North Yuba to New
Bullards Bar Dam, on the Middle Yuba to Milton Dam, and on the South
Yuba to Lake Spaulding. All three forks of the Upper Yuba River
historically supported populations of spring chinook and steelhead
(Yoshiyama et al., 1995). The Team considered this area to be essential
for conservation because it provides one of the largest areas of
suitable habitat in the Central Valley that can be accessed by
providing passage at one relatively small dam. The Lower Yuba is also
considered to have a good ``seed'' population of both spring chinook
and steelhead and both populations are considered relatively free of
hatchery influence. A large, multi-million dollar study program is
underway through the CALFED Ecological Restoration Program to evaluate
the feasibility of restoring anadromous salmonid populations to the
Upper Yuba River. We seek comment on whether this unoccupied habitat
should be proposed as critical habitat.
Unit 9. Valley-American Subbasin (HU 5519)
The Valley-American HU is located in the south-central and eastern
portion of the ESU and includes portions of the Lower American River,
the mainstem Sacramento River, and the lower Feather River. This HU
encompasses an area of approximately 958 mi\2\ (2,471 km\2\) and
contains four HSA watersheds, only two of which are occupied. Fish
distribution and habitat use data compiled by NMFS biologists identify
only approximately 61 miles (98 km) of occupied riverine habitat in
these watersheds (NMFS, 2004a). The Team concluded that these occupied
areas contained one or more PCEs (i.e., spawning, rearing, or migratory
habitat) for this ESU and identified management activities that may
affect the PCEs, including agricultural and municipal water
withdrawals, point source and non-point source water pollution,
streambank stabilization for flood control, fish passage impediments,
water storage for flood control, dam operations, and urbanization. The
Team rated one watershed as medium in conservation value and one as
high in conservation value to the ESU (NMFS, 2004b). The Team did not
identify any
[[Page 71903]]
unoccupied habitat areas in this subbasin that may be essential for the
conservation of the ESU.
Unit 10. Colusa Basin Subbasin (HU 5520)
The Colusa Basin HU is located in the central portion of the ESU
and includes portions of the mainstem Sacramento River, lower Butte
Creek, and the Butte Creek-Sutter Bypass. This HU encompasses an area
of approximately 2,767 mi\2\ (7,139 km\2\) and contains five HSA
watersheds, four of which are occupied. Fish distribution and habitat
use data compiled by NMFS biologists identify approximately 230 miles
of occupied riverine habitat, including the Butte Creek-Sutter Bypass,
in these watersheds (NMFS, 2004a). The Team concluded that these
occupied areas contained one or more PCEs (i.e., spawning, rearing, or
migratory habitat) for this ESU and identified management activities
that may affect the PCEs, including agricultural and municipal water
withdrawals, fish passage impediments, point and non-point source
pollution, diking, wildlife habitat management, flood control
operations, and non-native/invasive species. The Team rated all four
occupied watersheds as having high conservation value to the ESU (NMFS,
2004b). The Team did not identify any unoccupied habitat areas in this
subbasin that may be essential for the conservation of the ESU.
Unit 11. Butte Creek Subbasin (HU 5521)
The Butte Creek HU is located in the northeastern portion of the
ESU and includes portions of upper Butte Creek. This HU encompasses an
area of approximately 207 mi\2\ (534 km\2\) and contains three HSA
watersheds, only one of which is occupied. Fish distribution and
habitat use data compiled by NMFS biologists identify approximately 15
miles (24 km) of occupied riverine habitat in the watershed (NMFS,
2004a). The Team concluded that these occupied areas contained one or
more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU
and identified water diversions for hydroelectric power as the
principal management activity that may affect the PCEs. The Team rated
this occupied watershed as high in conservation value to the ESU (NMFS,
2004b).
The Team also concluded that inaccessible reaches of Upper Butte
Creek above Centerville Dam upstream to Butte Meadow may be essential
to the conservation of this ESU. It is uncertain whether this area was
historically used by the ESU, but spawning, rearing, and migration is
present in the inaccessible areas and is thought to be in good
condition. The Team believed this area may be essential for
conservation because current spring run chinook and steelhead spawning
in this watershed is all below an elevation of 1,000 ft and other
spring-run chinook populations within the ESU typically spawn above
2,000 ft. High water temperatures in the lower portion of Butte Creek
have led to significant spring-run chinook pre-spawning mortalities in
recent years, and the Team concluded that improved fish passage over
the Centerville Diversion Dam would increase the range of this ESU and
reduce the risk of adult losses in the lower stream reaches. The Team
expects that feasibility of passage at the Centerville Diversion Dam
will be evaluated through the upcoming FERC relicensing process for the
facility. We seek comment on whether these unoccupied habitat areas
should be proposed as critical habitat.
Unit 12. Ball Mountain Subbasin (HU 5523)
The Ball Mountain HU is located in the northwestern portion of the
ESU and includes a portion of upper Thomes Creek. This HU encompasses
an area of approximately 334 mi\2\ (862 km\2\) and contains three HSAs,
only one of which is occupied primarily in the Thomes Creek watershed.
Fish distribution and habitat use data compiled by NMFS biologists
identify approximately 15 miles (24 km) of occupied riverine habitat in
the single occupied HSA watershed (NMFS, 2004a). The Team concluded
that the occupied areas in this watershed contained one or more PCEs
(i.e., spawning, rearing, or migratory habitat) for this ESU and
identified rangeland management as the principal activity that may
affect the PCEs. The Team rated this single occupied watershed as low
in conservation value to the ESU (NMFS, 2004b). The Team did not
identify any occupied habitat areas in this subbasin that may be
essential for the conservation of the ESU.
Unit 13. Shasta Bally Subbasin (HU 5524)
The Shasta Bally HU is located in the northwestern portion of the
ESU and includes portions of South Fork Cottonwood Creek and Beegum
Creek. This HU encompasses an area of approximately 905 mi\2\ (2,335
km\2\) and contains nine HSA watersheds, four of which are occupied.
Fish distribution and habitat use data compiled by NMFS biologists
identify approximately 50 miles (80 km) of occupied riverine habitat in
these watersheds (NMFS, 2004a). The Team concluded that these occupied
areas contained one or more PCEs (i.e., spawning, rearing, or migratory
habitat) for this ESU and identified management activities that may
affect the PCEs, including forestry, rangeland management, road
building and maintenance, water diversion for hydroelectric power
generation, water storage for flood control, dam operations, gravel
mining, and fish passage impediments. The Team rated one watershed as
low in conservation value and three as high in conservation value to
the ESU (NMFS, 2004b). The Team did not identify any unoccupied habitat
in this subbasin that is essential for the conservation of the ESU.
Unit 14. North Diablo Range Subbasin (HU 5543)
The North Diablo Range HU is located in the southernmost portion of
the ESU near the Delta and includes only a small portion of the south-
central Delta. This HU encompasses an area of approximately 315 mi\2\
(812 km\2\) and only a single HSA which is partially occupied. Fish
distribution and habitat use data compiled by NMFS biologists identify
only approximately 4 miles (6 km) of occupied riverine or estuarine
habitat in this HSA (NMFS, 2004a). The Team concluded that these
occupied areas contained one or more PCEs (i.e., rearing and migratory
habitat) for this ESU and identified management activities that may
affect the PCEs, including agricultural and municipal water
withdrawals, fish passage impediments, and invasive/non-native species.
The Team rated this single watershed as medium in conservation value
(NMFS, 2004b). The Team did not identify any unoccupied habitat areas
in this subbasin that may be essential for the conservation of the ESU.
Unit 15. San Joaquin Delta Subbasin (HU 5544)
The San Joaquin Delta HU is located in the southernmost portion of
the ESU and includes portions of the central and south Delta. This HU
encompasses an area of approximately 628 mi\2\ (1,620 km\2\) and
contains a single HSA watershed which is occupied. Fish distribution
and habitat use data compiled by NMFS biologists identify approximately
142 miles (227 km) of occupied estuarine habitat in this HSA (NMFS,
2004a). The Team concluded that these occupied areas contained one or
more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU
and identified management activities that may affect the PCEs,
including agricultural and municipal water
[[Page 71904]]
withdrawals, fish passage impediments, invasive/non-native species, and
entrainment and flow alterations. The Team rated this single watershed
as low in conservation value (NMFS, 2004b). The Team did not identify
any unoccupied habitat areas in this subbasin that may be essential for
the conservation of the ESU.
Unit 16. Suisun Bay (HU 2207), San Pablo Bay (HU
2206) and San Francisco Bay (HU s 2203 and 2204)
Portions of four HUs (2207, 2206, 2203, 2204) comprise the Suisun
Bay-San Pablo-San Francisco Bay complex that is utilized by this ESU.
These four HUs contain both estuarine habitat in the Bay complex as
well as freshwater tributaries to the Bay complex, but only the 4 HSAs
(HSAs: 220710, 220610, 220410, and 220312) that comprise the estuarine
Bay complex are occupied by this ESU. These four HSAs encompass
approximately 427 mi\2\ (1,102 km\2\) of estuarine habitat that serves
as a rearing and migratory corridor providing connectivity between
freshwater spawning, rearing, and migratory habitats for this ESU in
the Sacramento-San Joaquin basin and the ocean. The Team concluded that
these four HSAs were occupied and contained PCEs for migratory habitat
that support this ESU, and identified management activities that may
affect the PCEs, including agricultural and municipal water
withdrawals, point and non-point source water pollution, diking,
streambank stabilization activities, industrial development, invasive/
non-native species, wetland/estuary management, and habitat
restoration. Of these occupied HSAs, the Team rated one as having low
conservation value (220410) and three as having high
conservation value to the ESU (NMFS, 2004b). The Team did not identify
any unoccupied areas in the San Francisco-San Pablo-Suisun Bay complex
that may be essential for the conservation of this ESU.
Unoccupied Habitat Outside the ESU Range That May Be Essential to
Conservation
The Team identified several unoccupied habitat areas in the Central
Valley that are outside the current range of the CV spring-run chinook
ESU, but that may be essential for its conservation. We seek comment on
whether these unoccupied areas should be proposed as critical habitat.
These areas are identified below:
(1) Lower and Upper Mokelumne River. The Team concluded that
currently unoccupied portions of the Lower Mokelumne River from its
confluence with the San Joaquin River upstream to Comanche Dam may be
essential for the conservation of this ESU. In addition, the Team
concluded that inaccessible reaches of the Upper Mokelumne River above
Comanche Dam up to Bald Rock Falls (which is 7 miles above Electra Dam)
may be essential to the conservation of this ESU. The Mokelumne River
historically supported large runs of spring run chinook salmon
(Yoshiyama et al., 1995) which have been extirpated. The lower portion
of the Mokelumne River would be essential as a migratory corridor for
spring chinook access to the upper watershed above Comanche Dam.
Suitable habitat exists above Comanche Dam, but it has been altered by
Comanche and Pardee reservoirs. The Central Valley Technical Recovery
Team identifies this as a historically independent population and
indicates that multiple independent populations of this ESU distributed
throughout the Central Valley may be required to recover this ESU.
(2) Lower and Middle Stanislaus River. The Team concluded that
currently unoccupied reaches of the Lower Stanislaus River from its
confluence with the San Joaquin River up to Goodwin Dam may be
essential for the conservation of this ESU. The Team also concluded
that inaccessible habitat reaches in the Middle Stanislaus River from
Goodwin Dam to New Melones Dam may be essential to the conservation of
this ESU. The Stanislaus River historically supported a large
population of spring-run chinook salmon (McEwan 1996; Yoshiyama 1996)
which was extirpated with the construction of Goodwin Dam. The lower
portion of the Stanislaus River would be essential as a migratory
corridor for spring chinook access to the upper watershed above Goodwin
Dam. Depending upon dam operations and resulting instream water
temperatures, rearing and spawning habitat might be available in this
lower reach. Suitable habitat exists above Goodwin Dam and fish passage
at the Dam is thought to be feasible. The Central Valley Technical
Recovery Team identifies this as a historically independent population
and indicates that multiple independent populations of this ESU
distributed throughout the Central Valley may be required to recover
this ESU.
(3) Lower and Middle Tuolumne River. The Team concluded that
currently unoccupied reaches of the Lower Tuolumne River from its
confluence with the San Joaquin River up to LaGrange Dam may be
essential for the conservation of this ESU. The Team also concluded
that inaccessible habitat reaches in the Middle Tuolumne River between
LaGrange and New Don Pedro Dams may be essential to the conservation of
this ESU. The Tuolumne River historically supported a large population
of spring-run chinook salmon (McEwan 1996; Yoshiyama 1996) which was
extirpated with the construction of LaGrange Dam. The lower portion of
the Stanislaus River would be essential as a migratory corridor for
spring chinook access to the upper watershed above LaGrange Dam.
Depending upon dam operations and resulting instream water
temperatures, rearing and spawning habitat might be available in this
lower reach. Suitable habitat is thought to exist above LaGrange Dam
for this ESU although feasibility of providing passage above the dam is
uncertain. The Central Valley Technical Recovery Team identifies this
as a historically independent population that is now extirpated and
indicates that multiple independent populations of this ESU distributed
throughout the Central Valley may be required to recover this ESU.
(4) Lower and Middle Merced River. The Team concluded that
currently unoccupied reaches of the Lower Merced River from its
confluence with the San Joaquin River up to Crocker-Huffman Dam may be
essential for the conservation of this ESU. The Team also concluded
that inaccessible habitat reaches in the Middle Merced River between
Crocker-Huffman and Exchequer Dams may be essential to the conservation
of this ESU. The Merced River historically supported a large population
of spring-run chinook salmon (Yoshiyama 1996) which was extirpated with
the construction of Crocker-Huffman Dam. The lower portion of the
Merced River would be essential as a migratory corridor for spring-
chinook access to the upper watershed above Crocker-Huffman Dam.
Depending upon dam operations and resulting instream water
temperatures, rearing and spawning habitat might be available in this
lower reach. Suitable habitat is thought to exist above Crocker-Huffman
Dam for this ESU although passage at the Dam is thought to be feasible
because of its low height. The Central Valley Technical Recovery Team
identifies this as a historically independent population that is now
extirpated and indicates that multiple independent populations of this
ESU distributed throughout the Central Valley may be required to
recover this ESU.
Central Valley (CV) O. mykiss ESU
The CV O. mykiss ESU was listed as a threatened species in 1998 (63
FR
[[Page 71905]]
13347; March 19, 1998). The ESU includes all naturally spawned
populations of O. mykiss in the Sacramento and San Joaquin Rivers and
their tributaries, but excludes O. mykiss from San Francisco and San
Pablo Bays and their tributaries. Based on an updated status review
(NMFS 2003a) and an assessment of hatchery populations located within
the range of the ESU (NMFS 2003b), NMFS recently proposed that the ESU
remain listed as a threatened species (69 FR 33102; June 14, 2004). In
addition, NMFS proposed that resident O. mykiss occurring with
anadromous populations below impassable barriers (both natural and man
made) and two artificially propagated populations (Coleman National
Fish Hatchery on Battle Creek and Feather River Hatchery on the Feather
River) also be included in the CV O. mykiss ESU. Two artificially
propagated O. mykiss stocks reside within the historical geographic
range of the ESU (Nimbus Fish Hatchery on the American River and
Mokelumne River Hatchery on the Mokelumne River), but are not
considered part of the ESU because they are derived from out-of-ESU
broodstock (69 FR 33102; June 14, 2004). A Technical Recovery Team has
been established for the Central Valley recovery planning domain and is
in the process of identifying the historical and extant independent
population structure of this ESU as well as the associated viability
criteria for these populations.
The Team's assessment for the CV O. mykiss ESU addressed habitat
areas within 67 occupied watersheds or CALWATER HSAs that occur in over
25 associated subbasins or CALWATER HUs. This assessment also included
four HSAs that encompass the San Francisco-San Pablo-Suisun Bay complex
which constitutes rearing and migration habitat for this ESU. This
complex is treated as a separate unit in the following ESU description
even though it is not a CALWATER HU. As part of its assessment, the
Team considered the conservation value of each habitat area (or HSA) in
the context of the productivity, spatial distribution, and diversity of
habitat across the range of the ESU. The Team evaluated the
conservation value of habitat areas on the basis of the physical and
biological habitat requirements of the CV O. mykiss ESU, consistent
with the PCEs identified for Pacific salmon and O. mykiss described
under Methods and Criteria Used to Identify Proposed Critical Habitat.
Unit 1. Tehama Subbasin (HU 5504)
The Tehama HU is located in the north central portion of the ESU
and includes portions of the mainstem Sacramento River, the lower
portions of two westside tributaries (Thomes and Stony Creeks), and the
lower portions of three eastside tributaries (Mill Creek, Deer Creek,
and Pine Creek). The HU encompasses an area approximately 1,119 mi\2\
(2,887 km\2\) and contains two HSAs, both of which are occupied. Fish
distribution and habitat use data compiled by NMFS biologists identify
approximately 228 miles (365 km) of occupied riverine habitat in the
occupied watersheds (NMFS, 2004a). The Team concluded that these
occupied HSA watersheds contained one or more PCEs (i.e., spawning,
rearing, and/or migratory habitat) and identified several management
activities that may affect the PCEs, including agricultural and
municipal water withdrawals, dam operations, diking activities,
streambank stabilization for flood control, rangeland management, fish
passage impediments, and urban development. Of the occupied HSA
watersheds, the Team rated one as medium and one as high in
conservation value (NMFS, 2004b). The Team did not identify any
unoccupied areas in this subbasin that may be essential for the
conservation of the ESU.
Unit 2. Whitmore Subbasin (HU 5507)
The Whitmore HU is located in the north eastern portion of the ESU
and includes portions of upper Battle Creek (North and South Forks),
upper Bear Creek, and the Cow Creek watershed. The HU encompasses an
area approximately 913 mi\2\ (2,355km\2\) and contains seven HSA
watersheds, all of which are occupied. Fish distribution and habitat
use data compiled by NMFS biologists identify approximately 177 miles
(283 km) of occupied riverine habitat in the occupied HSAs (NMFS,
2004a). The Team concluded that these occupied areas contained one or
more PCEs (i.e., spawning, rearing, or migratory habitat) and
identified management activities that may affect the PCEs, including
agricultural and municipal water withdrawals, forest management,
rangeland management, fish passage impediments, urban development, and
hydropower diversions. Of these seven occupied watersheds, the Team
rated two as having low conservation value, two as medium in
conservation value, and three as high in conservation value to the ESU
(NMFS, 2004b). The Team did not identify any unoccupied areas in this
subbasin that may be essential for the conservation of this ESU.
Unit 3. Redding Subbasin (HU 5508)
The Redding HU is located in the northern most portion of the ESU
and includes portions of the upper Sacramento River mainstem, westside
tributaries including Cottonwood Creek (portions of both the Middle and
South Forks) and Clear Creek, and the lower portions of several
eastside tributaries (Cow Creek, Bear Creek, and lower Battle Creek).
The HU encompasses an area of approximately 705 mi\2\ (1,818 km\2\) and
contains two HSA watersheds, both of which are occupied. Fish
distribution and habitat use data compiled by NMFS biologists identify
approximately 233 miles (373 km) of occupied riverine habitat in these
watersheds (NMFS, 2004a). The Team concluded that these occupied areas
contained one or more PCEs (i.e., spawning, rearing, or migratory
habitat) and identified management activities that may affect the PCEs,
including dam operations and water storage for flood control, fish
passage impediments, point and non-point source water pollution, gravel
mining, agricultural water withdrawals, and rangeland management. The
Team rated both occupied watersheds as having high conservation value
to the ESU (NMFS, 2004b). The Team did not identify any unoccupied
areas in this subbasin that may be essential for the conservation of
this ESU.
Unit 4. Eastern Tehama Subbasin (HU 5509)
The Eastern Tehama HU is located in the northeastern portion of the
ESU and includes portions of several important watersheds including
Mill Creek, Deer Creek, Antelope Creek, and the upper portion of Big
Chico Creek. The HU encompasses an area of approximately 896 mi\2\
(2,311 km\2\) and contains ten HSA watersheds, six of which are
occupied. Fish distribution and habitat use data compiled by NMFS
biologists identify approximately 151 miles (242 km) of occupied
riverine habitat in the occupied HSAs (NMFS, 2004a). The Team concluded
that these occupied areas contained one or more PCEs (i.e., spawning,
rearing, or migratory habitat) for this ESU and identified management
activities that may affect the PCEs, including forest management,
rangeland management, fish passage impediments, road building and
maintenance, and agricultural water withdrawals. Of the six occupied
watersheds, the Team rated one as low, one as medium, and four as high
in conservation value to the ESU (NMFS, 2004b).
The Team also concluded that inaccessible stream reaches in Upper
[[Page 71906]]
Deer Creek above Upper Deer Creek Falls may be essential for the
conservation of this ESU. Historically, O. mykiss (steelhead) had
access to this area when conditions allowed fish to pass the falls. A
ladder was constructed in the late 1940s but it provides poor
attraction and passage conditions and has been closed since 2001. Deer
Creek currently supports a population of steelhead and improved passage
conditions into this reach would increase the amount of spawning,
rearing and migration habitat available to the ESU. We seek comment on
whether this unoccupied habitat area should be proposed as critical
habitat.
Unit 5. Sacramento Delta (HU 5510)
The Sacramento Delta HU is located in the central portion of the
ESU and includes portion of the mainstem Sacramento River and the Deep
Water Ship Channel. The HU encompasses an area of approximately 446
mi\2\ (1,150km\2\) and contains a single HSA which is occupied. Fish
distribution and habitat use data compiled by NMFS biologists identify
approximately 194 miles (310 km) of occupied riverine habitat in this
HSA (NMFS, 2004a). The Team concluded that these occupied areas
contained one or more PCEs (i.e., spawning, rearing, or migratory
habitat) for this ESU and identified management activities that may
affect the PCEs, including agricultural water withdrawals, point and
non-point source water pollution, invasive/non-native species, diking
activities, and streambank stabilization for flood control. The Team
rated this watershed as high in conservation value to the ESU (NMFS,
2004b). The Team did not identify any unoccupied habitat areas in this
subbasin that may be essential to the conservation of the ESU.
Unit 6. Valley Putah-Cache Subbasin (HU 5511)
The Valley Putah-Cache HU is located in the southern portion of the
Sacramento river basin includes a portion of the Yolo Bypass and
portions of west side tributaries Putah, Ulatis, and Alamo Creeks. This
HU encompasses an area of approximately 961 mi\2\ (2,479 km\2\) and
contains three HSA watersheds, two of which are occupied. Portions of
the occupied HSAs are outside the boundary of ESU and the unoccupied
HSA is completely outside the ESU boundary. Fish distribution and
habitat use data compiled by NMFS biologists identify approximately 83
miles (133 km) of occupied riverine habitat in the occupied HSAs (NMFS,
2004a). The Team concluded that the occupied areas contained one or
more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU
and identified management activities that may affect the PCEs,
including urban development, impediments to fish passage, and
agricultural water withdrawals. The Team rated both occupied watersheds
as having medium conservation value to the ESU (NMFS, 2004b).
Within this subbasin, the Team also concluded that unoccupied
stream reaches in Middle Putah Creek from Solano Irrigation Dam to
Monticello Dam may be essential to the conservation of this ESU.
Steelhead are thought to have historically utilized the upper watershed
above Monticello Dam. There is currently a very small opportunistic
population of steelhead in Lower Putah Creek, but habitat conditions in
this area are not suitable for spawning or rearing. The provision of
fish passage past the Solano Irrigation Dam would provide access to
suitable habitat for this ESU and efforts are currently underway to
investigate the feasibility of providing passage beyond this dam. The
Team concluded that this unoccupied area may be essential to
conservation of the ESU because populations of steelhead in the Central
Valley are constrained by the lack of accessible habitat and access to
this area would provide cold water rearing and spawning habitat for
this population. We seek comments on whether these unoccupied areas
should be proposed as critical habitat.
Unit 7. American River Subbasin (HU 5514)
The American River HU is located in the eastern portion of the ESU
and includes portions of upper Coon Creek, Doty Creek, and Auburn
Ravine. This HU encompasses an area of approximately 1,642 mi\2\ (4,236
km\2\) and contains fifteen HSA watersheds, all of which are outside
the range of the ESU, and only one of which is partially occupied. Fish
distribution and habitat use data compiled by NMFS biologists identify
approximately 20 miles of occupied riverine habitat in the occupied HSA
(NMFS, 2004a). The Team concluded that the occupied watershed contained
one or more PCEs (i.e., spawning, rearing, or migratory habitat) for
this ESU and identified urban development as the primary management
activity that may affect the PCEs. The Team rated this occupied
watershed as having medium conservation value (NMFS, 2004b) and did not
identify any unoccupied habitat in this subbasin that may be essential
for the conservation of the ESU.
Unit 8. Marysville Subbasin (HU 5515)
The Marysville HU is located in the central portion of the ESU and
includes portions of the Feather and Yuba Rivers. This HU encompasses
an area of approximately 417 mi\2\ (1,076 km\2\) and contains three HSA
watersheds, all of which are occupied. Fish distribution and habitat
use data compiled by NMFS biologists identify approximately 75 miles
(120 km) of occupied riverine habitat in these watersheds (NMFS,
2004a). The Team concluded that these occupied areas contained one or
more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU
and identified management activities that may affect the PCEs,
including agricultural and municipal water withdrawals, point and non-
point water pollution, diking, streambank stabilization activities, dam
operations and water storage for flood control, and fish passage
impediments. The Team rated one occupied watershed as low in
conservation value and two as having high conservation value to the ESU
(NMFS, 2004b).
The Team did not identify any unoccupied habitat areas in this
subbasin that may be essential for the conservation of the ESU.
However, the Team did conclude that inaccessible stream reaches in the
adjacent subbasin (in HU 5518) which contains the Upper
Feather River above Oroville Dam may be essential to the conservation
of this ESU. Specifically, the Team identified the following stream
reaches above Oroville Dam that may be essential for conservation of
this ESU: from Oroville Dam upstream along the West Branch of the
Feather River to the vicinity of Kimshew Falls; along the North Fork of
the Feather River upstream of the location of Lake Almanor; along the
East Branch of the NF Feather River including Indian Creek and Spanish
Creek; the South Middle Fork of the Feather River, and the South Fork
of the Feather River upstream to the first natural impassible barrier.
Both steelhead and spring-run chinook salmon historically occurred in
the Upper Feather River prior to Pacific Gas and Electric's
hydroelectric development in the North Fork watershed and the
construction of Oroville Dam. Construction of Oroville Dam extirpated
both the steelhead and spring-run chinook populations in this upper
watershed. The Team concluded that spawning, rearing, an migratory
habitat is available above Oroville Dam in these inaccessible stream
reaches, but it is in better condition for steelhead than spring-run
chinook salmon. The feasibility of providing fish passage past
[[Page 71907]]
Oroville Dam is currently being evaluated through the ongoing FERC
relicensing process for this facility. The Team concluded this
inaccessible habitat may be essential for the conservation of this ESU
because the natural production of steelhead in the lower Feather River
is limited by the substantial lack of suitable spawning and rearing
habitat below Oroville Dam, and access to the unoccupied habitat above
the dam would allow for expansion of the population in this watershed.
Unit 9. Yuba River Subbasin (HU 5517)
The Yuba River HU is located in the central and eastern portion of
the ESU and includes part of the upper Yuba River watershed (Dry and
Deer Creeks). This HU encompasses an area of approximately 1,436 mi\2\
(3,704 km\2\) and contains sixteen HSA watersheds, most of which are
outside the recognized ESU boundary; however, four of these watersheds
are partially occupied. Fish distribution and habitat use data compiled
by NMFS biologists identify only approximately 22 miles (35 km) of
occupied riverine habitat in these occupied watersheds (NMFS, 2004a).
The Team concluded that these occupied areas contained one or more PCEs
(i.e., spawning, rearing, or migratory habitat) for this ESU and
identified management activities that may affect the PCEs, including
agricultural and municipal water withdrawals, fish passage impediments,
and dam operations. The Team rated two of these watersheds as having
low conservation value, and two as having high conservation value to
the ESU (NMFS, 2004b).
The Team concluded that inaccessible stream reaches of the Upper
Yuba River above Englebright Dam may be essential to the conservation
of this ESU, including those upstream reaches on the North Yuba to New
Bullards Bar Dam, on the Middle Yuba to Milton Dam, and on the South
Yuba to Lake Spaulding. All three forks of the Upper Yuba River
historically supported populations of spring chinook and steelhead
(Yoshiyama et al., 1995). The Team considered this area to be essential
for conservation because it provides one of the largest areas of
suitable habitat in the Central Valley that can be accessed by
providing passage at one relatively small dam. The Lower Yuba is also
considered to have a good ``seed'' population of both spring chinook
and steelhead and both populations are considered relatively free of
hatchery influence. A large, multi-million dollar study program is
underway through the CALFED Ecological Restoration Program to evaluate
the feasibility of restoring anadromous salmonid populations to the
Upper Yuba River. We seek comment on whether this unoccupied habitat
should be proposed as critical habitat.
Unit 10. Valley-American Subbasin (HU 5519)
The Valley-American HU is located in the central-eastern portion of
the ESU and includes portions of the American River and lower Auburn
Ravine. This HU encompasses an area of approximately 958 mi\2\ (2,471
km\2\) and contains four HSA watersheds, only two of which are
occupied. Fish distribution and habitat use data compiled by NMFS
biologists identify approximately 190 miles (304 km) of occupied
riverine habitat in these watersheds (NMFS, 2004a). The Team concluded
that these occupied areas contained one or more PCEs (i.e., spawning,
rearing, or migratory habitat) for this ESU and identified management
activities that may affect the PCEs, agricultural and municipal water
withdrawals, point and non-point source water pollution, streambank
stabilization activities, fish passage impediments, diking, urban
development, and dam operations and water storage for flood control.
The Team rated both occupied watersheds as having high conservation
value to the ESU (NMFS, 2004b). The Team did not identify any
unoccupied areas in this subbasin that may be essential to the
conservation of the ESU.
Unit 11. Colusa Basin Subbasin (HU 5520)
The Colusa Basin HU is located in the central portion of the ESU
and includes portions of the mainstem Sacramento River, lower Butte
Creek, the Butte Creek-Sutter Bypass and Little Chico Creek. This HU
encompasses an area of approximately 2,767 mi\2\ (7,138 km\2\) and
contains five HSA watersheds, three of which are occupied. Fish
distribution and habitat use data compiled by NMFS biologists identify
approximately 285 miles (456 km) of occupied riverine habitat,
including the Sutter Bypass, in the occupied watersheds (NMFS, 2004a).
The Team concluded that these occupied areas contained one or more PCEs
(i.e., spawning, rearing, or migratory habitat) for this ESU and
identified management activities that may affect the PCEs, including
agricultural water withdrawals, point and non-point water pollution,
diking, fish passage impediments, streambank stabilization activities,
wildlife habitat management, and invasive/non-native species
management. The Team rated all three occupied watersheds as having high
conservation value to the ESU (NMFS, 2004b) and did not identify any
unoccupied habitat areas in this subbasin that may be essential to the
conservation of the ESU.
Unit 12. Butte Creek Subbasin (HU 5521)
The Butte Creek HU is located in the northeastern portion of the
ESU and contains portions of Butte Creek and Little Chico Creek. This
HU encompasses an area of approximately 207 mi\2\ (534 km\2\) and
contains three HSA watersheds all of which are occupied. Fish
distribution and habitat use data compiled by NMFS biologists identify
approximately 38 miles (61 km) of occupied riverine habitat in the
occupied watersheds (NMFS, 2004a). The Team concluded that these
occupied areas contained one or more PCEs (i.e., spawning, rearing, or
migratory habitat) for this ESU and identified management activities
that may affect the PCEs, including urban development, rangeland
management, agricultural water withdrawals, and hydroelectric water
diversions. The Team rated two of these watersheds as having low
conservation value and one as having high conservation value to the ESU
(NMFS, 2004b).
The Team also concluded that inaccessible reaches of Upper Butte
Creek above Centerville Dam upstream to Butte Meadow may be essential
to the conservation of this ESU. It is uncertain whether this area was
historically used by the steelhead, but resident rainbow trout were
historically present and still occur above Centerville Diversion Dam.
Spawning, rearing, and migration is present and thought to be in good
condition. The Team believed this area may be essential for
conservation because current spring-run chinook and steelhead spawning
in this watershed is all below an elevation of 1,000 ft. High water
temperatures in the lower portion of Butte Creek has led to significant
spring-run chinook pre-spawning mortalities in recent years, and the
Team concluded that improved fish passage over the Centerville
Diversion Dam would increase the range for both the spring run chinook
and steelhead ESUs, as well as reduce the risk of adult losses in the
lower stream reaches. The Team expects that feasibility of passage at
the Centerville Diversion Dam will be evaluated through the upcoming
FERC relicensing process for the facility. We seek comment on whether
this unoccupied habitat area should be proposed as critical habitat.
[[Page 71908]]
Unit 13. Ball Mountain Subbasin (HU 5523)
The Ball Mountain HU is located in the northwestern portion of the
ESU and includes a portion of upper Thomes Creek and associated
tributaries. This HU encompasses an area of approximately 334 mi\2\
(862 km\2\) and contains three HSA watersheds, only one of which is
occupied. Fish distribution and habitat use data compiled by NMFS
biologists identify approximately 41 miles (66 km) of occupied riverine
habitat in the single occupied watersheds (NMFS, 2004a). The Team
concluded that these occupied areas contained one or more PCEs (i.e.,
spawning, rearing, or migratory habitat) for this ESU and identified
management activities that may affect the PCEs, including rangeland
management, forestry management, agricultural water withdrawals, and
municipal water withdrawals. The Team rated this single occupied
watershed as having high conservation value to the ESU (NMFS, 2004b).
The Team did not identify any unoccupied areas in the subbasin that may
be essential for conservation of the ESU.
Unit 14. Shasta Bally Subbasin (HU 5524)
The Shasta Bally HU is located in the northwestern corner of the
ESU and includes portions of SF Cottonwood Creek and Beegum Creek among
others. This HU encompasses an area of approximately 905 mi\2\ (2,335
km\2\) and contains nine HSA watersheds, five of which are occupied.
Fish distribution and habitat use data compiled by NMFS biologists
identify approximately 122 miles (195 km) of occupied riverine habitat
in the occupied watersheds (NMFS, 2004a). The Team concluded that these
occupied areas contained one or more PCEs (i.e., spawning, rearing, or
migratory habitat) for this ESU and identified management activities
that may affect the PCEs, including forestry management, rangeland
management, road building and maintenance, hydroelectric power water
diversions, water storage for flood control, dam operations, gravel
mining, and fish passage impediments. Of the occupied watersheds, the
Team rated three as having medium conservation value and two as having
high conservation value for the ESU (NMFS, 2004b). The Team did not
identify any unoccupied habitat areas in this subbasin that may be
essential for the conservation of the ESU.
Unit 15. North Valley Floor Subbasin (HU 5531)
The North Valley Floor HU is located in the southeastern portion of
the ESU and includes portions of the Calaveras, Mokelumne, and Cosumnes
Rivers. This HU encompasses an area of approximately 1,378 mi\2\ (3,555
km\2\) and contains five HSA watersheds, three of which are occupied by
the ESU. Fish distribution and habitat use data compiled by NMFS
biologists identify about 190 miles (304 km) of occupied riverine
habitat in these watersheds (NMFS, 2004a). The Team concluded that
these occupied areas contained one or more PCEs (i.e., spawning,
rearing, or migratory habitat) for this ESU and identified management
activities that may affect the PCEs, including agricultural and
municipal water withdrawals, fish passage impediments, rangeland
management, diking, channelization, streambank stabilization
activities, and dam operations. Of these occupied watersheds, the Team
rated one as low in conservation value, one as having medium
conservation value, and one as having high conservation value to the
ESU (NMFS, 2004b).
The Team also concluded that inaccessible stream reaches of the
Upper Mokelumne River above Comanche Dam up to Bald Rock Falls (which
is 7 miles above Electra Dam) may be essential to the conservation of
this ESU, as well as spring-run chinook salmon. Portions of this
inaccessible habitat area extend into the Middle Sierra Subbasin (HU
5532). The Upper Mokelumne historically supported large runs
of spring-run chinook salmon (Yoshiyama et al., 1995), and since
steelhead and spring-run chinook use similar habitats it is assumed
this area also supported large runs of steelhead. Suitable habitat
exists above Comanche Dam, but it has been altered by Comanche and
Pardee reservoirs. The Team concluded that this area may be essential
for conservation of the ESU because steelhead have been extirpated from
the area above the dam and recovery of this ESU may require the re-
establishment of multiple independent populations of steelhead
throughout the Central Valley. We seek comment on whether these
unoccupied habitat areas should be proposed as critical habitat.
Unit 16. Middle Sierra Subbasin (HU 5532)
The Middle Sierra HU is located in the eastern portion of the ESU
and contains portions of the upper Cosumnes River watershed. This HU
encompasses an area of approximately 1,424 mi\2\ (3,674 km\2\) and
contains six HSA watersheds, four of which are occupied. Fish
distribution and habitat use data compiled by NMFS biologists identify
only about 70 miles (112 km) of occupied riverine habitat in the
occupied watersheds (NMFS, 2004a). The Team concluded that these
occupied areas contained one or more PCEs (i.e., spawning, rearing, or
migratory habitat) for this ESU and identified management activities
that may affect the PCEs, including forestry management, agricultural
water withdrawals, rangeland management, and urban development. Of
these occupied watersheds, the Team rated all four as having low
conservation value to the ESU (NMFS, 2004b). As discussed for Unit 15
(North Valley Floor Subbasin--HU 5531), inaccessible portions
of the upper Mokelumne River which may be essential to the conservation
of this ESU extend into this subbasin. The Team did not identify any
other unoccupied areas in this subbasin that may be essential to the
conservation of the ESU.
Unit 17. Upper Calavera Subbasin (HU 5533)
The Upper Calaveras HU is located in the eastern portion of the ESU
and contains portions of the Calaveras River. This HU encompasses an
area of approximately 362 mi\2\ (934 km\2\) and contains three HSA
watersheds, only one of which is occupied by the ESU. Fish distribution
and habitat use data compiled by NMFS biologists identify only about 6
miles of occupied riverine habitat in the HSA (NMFS, 2004a). The Team
concluded that occupied areas in this HSA watershed contained one or
more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU
and identified management activities that may affect the PCEs,
including agricultural and municipal water withdrawals, gravel mining,
and water storage for flood control. The Team rated this single
occupied watershed as having high conservation value to the ESU (NMFS,
2004b) and did not identify any unoccupied areas in this subbasin that
may be essential for conservation.
Unit 18. Stanislaus River Subbasin (HU 5534)
The Stanislaus River HU is located in the southeastern portion of
the ESU and contains portions of the Stanislaus River. This HU
encompasses an area of approximately 998 mi\2\ (2,575 km\2\ and
contains eight HSA watersheds; however, only one is in the ESU and
occupied. Fish distribution and habitat use data compiled by NMFS
biologists identify only about 3 miles of occupied
[[Page 71909]]
riverine habitat in this HSA (NMFS, 2004a). The Team concluded that the
occupied areas in this watershed contained one or more PCEs (i.e.,
spawning, rearing, or migratory habitat) for this ESU and identified
management activities that may affect the PCEs, including agricultural
water withdrawals, fish passage impediments, dam operations, and water
storage for flood control. The Team rated this single occupied
watershed as having high conservation value to the ESU (NMFS, 2004b).
Within this subbasin, the Team also concluded that inaccessible
stream reaches in the Middle Stanislaus River from Goodwin Dam to New
Melones Dam may be essential to the conservation of this ESU. The
Stanislaus River historically supported a large population of spring-
run chinook salmon and because steelhead utilize similar habitats it is
likely that this River system also supported a large population of
steelhead. Construction of Goodwin Dam blocked access of steelhead to
those portions of the Stanislaus River above the Dam and largely
extirpated this population. Recently, however, dam operations have
provided conditions that allowed a few steelhead to spawn below Goodwin
Dam. Suitable habitat is thought to exist above Goodwin Dam for
steelhead and fish passage is considered feasible because of its low
height. Based on preliminary technical recovery planning for ESUs in
the central valley, recovery of this ESU will likely require the
establishment of multiple independent steelhead populations
particularly in the San Joaquin portion of the central valley. We seek
comment on whether these unoccupied areas should be proposed as
critical habitat for this ESU.
Unit 19. San Joaquin Valley Floor Subbasin (HU 5535)
The San Joaquin Valley Floor HU is located in the southeastern
portion of the ESU and contains portions of the Merced, Tuolumne, and
Stanislaus Rivers. This HU encompasses an area of approximately 1,932
mi\2\ (4,985 km\2\) and contains nine HSA watersheds, several of which
occur outside of or partially outside of the geographic boundary of the
ESU. Of these watersheds, seven are occupied and fish distribution and
habitat use data compiled by NMFS biologists identify about 159 miles
(254 km) of occupied riverine habitat (NMFS, 2004a). The Team concluded
that these occupied watersheds contained one or more PCEs (i.e.,
spawning, rearing, or migratory habitat) for this ESU and identified
management activities that may affect the PCEs, including agricultural
and municipal water withdrawals, diking, fish passage impediments,
streambank stabilization activities, and urban development. Of these
occupied watersheds, the Team rated three as having medium conservation
value and four as having high conservation value to the ESU (NMFS,
2004b).
Within this subbasin, the Team also concluded that inaccessible
stream reaches in the Middle Tuolumne River (between LaGrange and New
Don Pedro Dams) and the Middle Merced River (between Crocker-Huffman
and Exchequer Dams) may be essential to the conservation of this ESU.
Both rivers historically supported large populations of spring-run
chinook salmon and because steelhead utilize similar habitat it is
likely that these rivers also supported large populations of steelhead.
Although current central valley steelhead populations are considered
winter-run, habitat conditions in most San Joaquin basins, including
the Tuolumne and Merced, may have historically supported summer
steelhead (McEwan, 1996; Yoshiyama, 1996). With construction of
LaGrange and Crocker-Huffman Dams, spring-chinook in both basins were
extirpated, and most likely steelhead as well. Although steelhead
cannot access the upper watersheds in the Tuolumne and Merced Rivers,
dam operations in both watersheds have provided conditions allowing
steelhead to spawn downstream of LaGrange and Crocker-Huffman Dams. The
Team believes that suitable habitat conditions exist above LaGrange and
Crocker-Huffman Dams and that there may be opportunities to provide
fish passage at each facility. Based on preliminary technical recovery
planning for ESUs in the central valley, it is likely that recovery of
this ESU will require the establishment of multiple independent
steelhead populations particularly in the San Joaquin portion of the
central valley. We seek comment on whether these unoccupied areas
should be proposed as critical habitat for this ESU.
Units 20 (Tuolumne River; HU 5536) and 21 (Merced River; HU
5537)
The Tuolumne River and Merced River HUs contain portions of the
upper Tuolumne and Merced Rivers that are mostly or entirely outside
the range of the ESU. These HUs contain eighteen HSA watersheds and
over 2,800 miles (4,480 km) of streams (at 1:100,000 hydrography), but
all are unoccupied by the ESU. The Team did not identify any areas in
these subbasins that may be essential for the conservation of the ESU,
and therefore, they were not considered further in the critical habitat
designation process.
Unit 22. Delta-Mendota Canal Subbasin (HU 5541)
The Delta-Mendota Canal HU is located in the southernmost portion
of the ESU and contains portions of the Delta-Mendota Canal. This HU
encompasses an area of approximately 1,220 mi\2\ (3,148 km\2\) and
contains two HSAs, both of which are occupied. Fish distribution and
habitat use data compiled by NMFS biologists identify only about 50
miles of occupied riverine habitat in these HSA watersheds (NMFS,
2004a). The Team concluded that these occupied areas contained one or
more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU
and identified management activities that may affect the PCEs,
including agricultural and municipal water withdrawals, invasive/non-
native species management, urban development, dredging, and point and
non-point source water pollution. The Team rated these occupied
watersheds as having medium and high conservation value, respectively,
to the ESU (NMFS, 2004b). The Team did not identify any unoccupied
areas in this subbasin that may be essential for the conservation of
the ESU.
Unit 23. Middle West Side Subbasin (HU 5542)
The Middle West Side Subbasin is located in the southwestern
portion of the ESU in the San Joaquin basin. The HU contains four HSAs
and approximately 509 miles (814 km) of streams (at 1:100,000
hydrography), but all are unoccupied by the ESU. The Team did not
identify any habitat areas in this subbasin that may be essential for
the conservation of the ESU, and therefore, they were not considered
further in the critical habitat designation process.
Unit 24. North Diablo Range (HU 5543)
The North Diablo Range HU is located in the southwestern portion of
the ESU in the south Delta. This HU encompasses an area of
approximately 315 mi\2\ (812 km\2\) and contains only a single HSA
which is partially occupied. Fish distribution and habitat use data
compiled by NMFS biologists identify only approximately 4 miles of
occupied riverine/estuarine habitat in this HSA (NMFS, 2004a). The Team
concluded the occupied areas in this HSA contained one or more PCEs
(i.e. spawning, rearing, or migratory habitat) for this ESU and
identified management activities that may affect the PCEs, including
agricultural and water
[[Page 71910]]
withdrawals, point and non-point source water pollution, and invasive/
non-native species management. The Team rated this watershed as having
medium conservation value to the ESU (NMFS, 2004b), and did not
identify any unoccupied areas that may be essential to the conservation
of the ESU.
Unit 25. San Joaquin Delta Subbasin (HU 5544)
The San Joaquin Delta HU is located in the southwestern portion of
the ESU and includes portions of the south and central Delta channel
complex. This HU encompasses an area of approximately 628 mi\2\ (1,620
km\2\) and contains a single HSA which is occupied. Fish distribution
and habitat use data compiled by NMFS biologists identify approximately
276 miles (442 km) of occupied riverine and/or estuarine habitat in
this HSA (NMFS, 2004a). The Team concluded that the occupied areas in
this HSA contained one or more PCEs (i.e., spawning, rearing, or
migratory habitat) for this ESU and identified management activities
that may affect the PCEs, including agricultural water and municipal
water withdrawals, entrainment associated with water diversions,
invasive/non-native species management, and point and non-point source
water pollution. The Team rated this HSA as having high conservation
value to the ESU (NMFS, 2004b). The Team did not identify any
unoccupied habitat areas in this subbasin that may be essential for the
conservation of this ESU.
Unit 26. Suisun Bay (HU 2207), San Pablo Bay (HU
2206) and San Francisco Bay (HU s 2203 and 2204)
Portions of four HUs (2207, 2206, 2203, 2204) comprise the Suisun
Bay-San Pablo-San Francisco Bay complex that is utilized by this ESU.
These four HUs contain both estuarine habitat in the Bay complex as
well as freshwater tributaries to the Bay complex, but only the 4 HSAs
(HSAs: 220710, 220610, 220410, and 220312) that comprise the Bay
complex are occupied by this ESU. These four HSAs encompass
approximately 427 mi\2\ (1,102 km\2\) of estuarine habitat that serves
as a rearing and migratory corridor providing connectivity between
freshwater spawning, rearing, and migratory habitats for this ESU in
the Sacramento-San Joaquin basin and the ocean. Collectively, these
HSAs encompass an area of approximately 427 mi\2\ (1,102 km\2\). The
Team concluded that these four HSAs were occupied and contained PCEs
for migratory habitat that support this ESU, and identified management
activities that may affect the PCEs, including agricultural and
municipal water withdrawals, point and non-point source water
pollution, diking, streambank stabilization activities, industrial
development, invasive/non-native species, wetland/estuary management,
and habitat restoration. Of these occupied HSAs, the Team rated one as
having low conservation value (220410) and three as having
high conservation value to the ESU (NMFS, 2004b). The Team did not
identify any unoccupied areas that may be essential for the
conservation as critical habitat for this ESU.
Application of ESA Section 4(b)(2)
The foregoing discussion describes those areas that are eligible
for designation as critical habitat--the specific areas that fall
within the ESA section 3(5)(A) definition of critical habitat, minus
those lands owned or controlled by the DOD, or designated for its use,
that are covered by an INRMP that we have determined in writing
provides a benefit to the species. The application of section 4(b)(2)
was a major concern of those commenting on the ANPR (68 FR 55926;
September 29, 2003). Many commenters requested that we describe the
process used--in particular the economic analysis--as part of our
proposed rulemaking.
Specific areas eligible for designation are not automatically
designated as critical habitat. Section 4(b)(2) of the ESA requires
that the Secretary first considers the economic impact, impact on
national security, and any other relevant impact. The Secretary has the
discretion to exclude an area from designation if he determines the
benefits of exclusion (that is, avoiding the impact that would result
from designation), outweigh the benefits of designation. The Secretary
may not exclude an area from designation if exclusion will result in
the extinction of the species. Because the authority to exclude is
discretionary, exclusion is not required for any areas.
In this proposed rule, the Secretary has applied his statutory
discretion to exclude areas from critical habitat for several different
reasons. To be consistent, we used CALWATER HSAs or watersheds for ESUs
in California as the unit for exclusion in each case. However, the
agency is asking for public comment on whether considering exclusions
on a stream-by-stream approach would be more appropriate.
Impacts to Tribes
We believe there is very little benefit to designating critical
habitat on Indian lands. Although there is a broad array of activities
on Indian lands that may trigger section 7 consultation, Indian lands
comprise only a minor portion (substantially less than 1 percent) of
the total habitat under consideration for these seven California ESUs.
Specifically, occupied stream reaches on Indian lands only occur within
the range of the California Coastal chinook, Northern California O.
mykiss, and Central California Coast O. mykiss ESUs, and these areas
represent less than 0.1 percent of the total occupied habitat under
consideration for these three ESUs. Based on our analysis, the
remaining four ESUs did not contain any Indian lands that overlapped
with occupied stream habitat. These percentages are likely
overestimates as they include all habitat area within reservation
boundaries.
There are several benefits to excluding Indian lands. The
longstanding and distinctive relationship between the Federal and
tribal governments is defined by treaties, statutes, executive orders,
judicial decisions, and agreements, which differentiate tribal
governments from the other entities that deal with, or are affected by,
the Federal government. This relationship has given rise to a special
Federal trust responsibility involving the legal responsibilities and
obligations of the United States toward Indian Tribes and the
application of fiduciary standards of due care with respect to Indian
lands, tribal trust resources, and the exercise of tribal rights.
Pursuant to these authorities lands have been retained by Indian Tribes
or have been set aside for tribal use. These lands are managed by
Indian Tribes in accordance with tribal goals and objectives within the
framework of applicable treaties and laws.
In addition to the distinctive trust relationship for Pacific
salmon in California and in the Northwest, there is a unique
partnership between the Federal government and Indian tribes regarding
salmon management. Indian tribes in California and the Northwest are
regarded as ``co-managers'' of the salmon resource, along with Federal
and state managers. This co-management relationship evolved as a result
of numerous court decisions clarifying the tribes' treaty right to take
fish in their usual and accustomed places.
The benefits of excluding Indian lands from designation include:
(1) The furtherance of established national policies, our Federal trust
obligations and our deference to the tribes in management of natural
resources on their lands; (2) the maintenance of effective long-term
working relationships to promote the conservation of salmonids on an
[[Page 71911]]
ecosystem-wide basis; (3) the allowance for continued meaningful
collaboration and cooperation in scientific work to learn more about
the conservation needs of the species on an ecosystem-wide basis; and
(4) continued respect for tribal sovereignty over management of natural
resources on Indian lands through established tribal natural resource
programs.
We believe that the current co-manager process addressing
activities on an ecosystem-wide basis across three states is currently
beneficial for the conservation of the salmonids. Because the co-
manager process provides for coordinated ongoing focused action through
a variety of forums, we find the benefits of this process to be greater
than the benefits of applying ESA section 7 to Federal activities on
Indian lands, which comprise much less than one percent of the total
area under consideration for these ESUs. Additionally, we have
determined that the exclusion of tribal lands will not result in the
extinction of the species concerned. We also believe that maintenance
of our current co-manager relationship consistent with existing
policies is an important benefit to continuance of our tribal trust
responsibilities and relationship. Based upon our consultation with the
Round Valley Indian Tribes and the Bureau of Indian Affairs (BIA), we
believe that designation of Indian lands as critical habitat would
adversely impact our working relationship and the benefits resulting
from this relationship.
Based upon these considerations, we have determined to exercise
agency discretion under ESA section 4(b)(2) and propose to exclude
Indian lands from the eligible critical habitat designation for these
ESUs of salmonids. The Indian lands specifically excluded from critical
habitat are those defined in the Secretarial Order, including: (1)
Lands held in trust by the United States for the benefit of any Indian
tribe; (2) land held in trust by the United States for any Indian Tribe
or individual subject to restrictions by the United States against
alienation; (3) fee lands, either within or outside the reservation
boundaries, owned by the tribal government; and (4) fee lands within
the reservation boundaries owned by individual Indians. The Indian
tribes for which these exclusions apply in California include: Big
Lagoon Reservation, Blue Lake Rancheria, Round Valley Indian Tribes,
Laytonville Rancheria, Redwood Valley Rancheria, Coyote Valley
Reservation, and Manchester--Point Arena Rancheria.
Impacts to National Security
As noted previously (see Military Lands section) the U.S. Marine
Corps provided comments in response to the ANPR (68 FR 55926; September
29, 2003) regarding their INRMP for Camp Pendleton Marine Corps Base
and potential impacts to national security for this facility, which is
within the range of the southern California O. mykiss ESU. By letter,
NMFS subsequently provided the DOD with information about the areas we
were considering to designate as critical habitat for the seven ESUs in
California (as well as the 13 ESUs in the Pacific Northwest) and, in
addition to a request for information about DOD's INRMPs, requested
information about potential impacts to national security as a result of
any critical habitat designation. In response to the request concerning
national security impacts, Camp Pendleton Marine Corps Base and the
Vandenberg Air Force Base provided detailed information on such
impacts. Both military agencies concluded that critical habitat
designation at either of these sites would likely impact national
security by diminishing military readiness. The possible impacts
include: (1) Preventing, restricting, or delaying training or testing
exercises or access to such sites; (2) restricting or delaying
activities associated with space launches; (3) delaying response times
for troop deployments and overall operations; and (4) creating
uncertainties regarding ESA consultation (e.g., reinitiation
requirements) or imposing compliance conditions that would divert
military resources. Also, both military agencies cited their ongoing
and positive consultation history with NMFS and underscored cases where
they are implementing best management practices to reduce impacts on
listed salmonids.
The Teams assessing conservation values for the overlap areas of
habitat and Camp Pendleton and Vandenberg AFB concluded that all of
them were of high conservation value to the respective ESUs. The
overlap areas, however, are a small percentage of the total area for
the affected ESUs. Designating habitat on these two installations will
likely reduce the readiness capability of the Marine Corps and the Air
Force, both of which are actively engaged in training, maintaining, and
deploying forces in the current war on terrorism. Therefore, we
conclude that the benefits of exclusion outweigh the benefits of
designation, and we are not proposing to designate these DoD sites as
critical habitat.
We anticipate working with DOD to obtain and review any additional
information regarding national security impacts to other military
installations before issuing a final critical habitat designation for
the seven ESUs that are the subject of this proposed rulemaking. We
will analyze any information we receive and prepare findings that will
be made available for public review and comment through a notice of
availability in the Federal Register.
Other Potential Exclusions
As discussed above, in 2001 the Tenth Circuit issued a ruling in
NMCA, which criticized the historic approach that FWS and NMFS had
taken towards the economic analysis required in the critical habitat
designation process. As a result of this ruling, both agencies engaged
in a long-term process of reevaluating existing critical habitat
designations consistent with the Tenth Circuit's ruling. NMFS's
critical habitat designations for steelhead and salmon ESUs and FWS's
designations for bull trout are the first to fully evaluate the
economic impacts of the designations for aquatic species on a broad
landscape scale. As a result, many of the critical issues faced by the
two agencies are issues of first impression.
On October 6, 2004, the FWS issued a final rule designating
critical habitat for the bull trout, a species in many respects co-
extensive in distribution with listed salmon and steelhead ESUs in the
Pacific Northwest. Necessarily, the FWS had to make determinations on
many of these novel issues. The Secretary of the Interior found that a
number of conservation measures designed to protect salmon and
steelhead on Federal, state, tribal and private lands would also have
significant beneficial impacts to bulltrout. Therefore, the Secretary
of the Interior determined that the benefits of excluding those areas
exceeded the benefits of including those areas as critical habitat.
The Secretary of Commerce has reviewed the bull trout rule and has
recognized the merits of the approach taken by the Secretary of the
Interior with these emerging issues. As a result, the Secretary of
Commerce is considering the following exclusions because the benefits
of exclusion may outweigh the benefits of inclusion and expects the
final rule will include some or all of these exclusions. However, given
the time constraints associated with this rule making and the broader
geographic range of the potential salmon and steelhead designations in
California and the Pacific Northwest, the Secretary of Commerce has not
had an
[[Page 71912]]
opportunity to fully evaluate all of the potential exclusions, the
geographical extent of such exclusions, or compare the benefits of
these exclusions to the benefits of inclusion. As a result, the
proposed designations included in this rule generally represent an
upper bound to the area that the Secretary is considering designating
as critical habitat and do not include the following additional
exclusions that the Secretary is considering:
A set of exclusions based on existing land management plans adopted
and currently implemented by Federal agencies within the relevant
geographic area: These plans are the Northwest Forest Plan, PACFISH and
INFISH which are implemented by the U.S. Forest Service (USFS) and the
Bureau of Land Management (BLM) in parts of California and the Pacific
Northwest. The Secretary is considering excluding from critical habitat
all Federal lands subject to these plans. We may make these exclusions
on a fifth field watershed basis or a stream-by-stream basis and we
invite comment on the appropriate method. Each of these plans is
designed to provide very substantial conservation benefits to salmonid
species including areas occupied by each of the seven California ESUs,
while permitting provision of other multiple uses on those Federal
lands to the extent compatible with the provisions of the plan.
Imposing an overlay of critical habitat in these areas could threaten
the provision of the other multiple used contemplated by these plans
and potentially impede vital land restoration activities while
potentially offering a negligible conservation benefit in light of the
other existing conservation measures provided by the plans. The threat
to forest restoration activities (forest thinning and brush clearing to
reduce catastrophic fire risks), economic activities (e.g. grazing and
timber production) and recreational uses on public lands may outweigh
the benefit of a critical habitat designation in these areas.
Federal land managed by the Forest Service and BLM constitutes a
relatively lesser proportion of the land ownership within the range of
the seven California ESUs (4-25 percent) compared with private land
(71-88 percent). However, the estimated annualized economic impacts
attributable to section 7 consultations on Federal land management
activities comprise a disproportionately large portion of the total
annual costs for several of the California ESUs. This relationship is
most pronounced for the California Coastal chinook and Northern
California O. mykiss ESUs. For example, Federal lands comprise only 16
percent of the land ownership within the California Coastal chinook
ESU, but approximately 77 percent of the annualized section 7 economic
impacts are attributable to Federal land management. Similarly, Federal
lands comprise only 18 percent of the land ownership within the
Northern California O. mykiss ESU, but approximately 87 percent of the
annualized section 7 economic impacts are attributable to Federal land
management. Section 7 related economic impacts associated with Federal
land management also constitute a significant portion of the total
annual economic impact for the South-Central California Coast O. mykiss
(44 percent) and Southern California O. mykiss (69 percent) ESUs.
An exclusion of areas covered by conservation commitments by state
and private landowners: Another set of exclusions is based on
conservation commitments by state and private landowners reflected in
habitat conservation plans (HCPs) and cooperative agreements approved
by NMFS. In California, we have not identified any state conservation
commitments that would apply, but seek public comment on this issue.
With regard to private lands, however, the HCP adopted by the Pacific
Lumber Company would constitute such a commitment. Lands managed under
the existing Pacific Lumber Company HCP are relatively limited in
comparison to the broad geographic area addressed in this rulemaking,
but do occur within the geographic range of the California Coastal
chinook and Northern California O. mykiss ESUs. Several other HCPs are
under development in California, but they have not yet been adopted and
therefore their conservation benefits are uncertain.
An exclusion for intermingled lands: If a large part of a watershed
is determined to warrant exclusion, the Secretary is considering
excluding the entire watershed. For example, if a large proportion of a
watershed consists of Federal land to be excluded based on an existing
management plan, the entire watershed could be excluded. There may be
little policy justification for designating non-Federal lands as
critical habitat in a watershed dominated by excluded Federal lands. As
noted above, Federal lands do not constitute a large portion of the
land ownership in any of the seven California ESUs under consideration.
However, there are areas within the range of each of the ESUs where
Federal lands are more concentrated and intermingled non-Federal lands
occur to a limited extent. Such conditions occur mainly in specific
watersheds within the range of the California Coastal chinook, Northern
California O. mykiss, South-Central California Coast O. mykiss, and
Southern California O. mykiss ESUs.
Accordingly, NMFS specifically asks for public comment on the
categories of exclusions discussed above. Specifically, NMFS requests
comment on the benefits of excluding:
(1) Other Federal lands subject to protective management provisions
for salmonids (e.g., the Aquatic Conservation Strategy of the Northwest
Forest Plan, PACFISH, or INFISH);
(2) Other state, tribal, or private lands subject to (or planned to
receive) other forms of protective management for salmonids (e.g.,
private land HCPs, State of California Forest Practices Act lands); and
(3) Other state, tribal, or private lands within watersheds
containing a large proportion of Federal, state, tribal or private
lands already subject to protective management measures.
Exclusions Primarily Based on Economic Impacts
In this exercise of discretion, the first issue we must address is
the scope of impacts relevant to the 4(b)(2) evaluation. As discussed
in the Previous Federal Action section, we are re-designating critical
habitat for these seven ESUs in California because the previous
designations were vacated. (National Association of Homebuilders v.
Evans, 2002 WL 1205743 No. 00-CV-2799 (D.D.C.) (NAHB)). The NAHB Court
had agreed with the reasoning of the Court of Appeals for the Tenth
Circuit in New Mexico Cattle Growers Association v. U.S. Fish and
Wildlife Service, 248 F.3d 1277 (10th Cir. 2001). In that decision, the
Tenth Circuit stated ``[t]he statutory language is plain in requiring
some kind of consideration of economic impact in the critical habitat
designation phase.'' The Tenth Circuit concluded that, given the FWS'
failure to distinguish between ``adverse modification'' and
``jeopardy'' in its 4(b)(2) analysis, the FWS must analyze the full
impacts of critical habitat designation, regardless of whether those
impacts are co-extensive with other impacts (such as the impact of the
jeopardy requirement).
In re-designating critical habitat for these seven salmon and O.
mykiss ESUs, we have followed the Tenth Circuit Court's directive
regarding the statutory requirement to consider the economic impact of
designation. Areas designated as critical habitat are subject to ESA
section 7 requirements, which provide that Federal agencies ensure that
their actions are not likely to destroy or
[[Page 71913]]
adversely modify critical habitat. To evaluate the economic impact of
critical habitat we first examined our voluminous section 7
consultation record for these as well as other ESUs of salmon. That
record includes consultations on habitat-modifying Federal actions both
where critical habitat has been designated and where it has not. We
could not discern a distinction between the impacts of applying the
jeopardy provision versus the adverse modification provision in
occupied critical habitat. Given our inability to detect a measurable
difference between the impacts of applying these two provisions, the
only reasonable alternative was to follow the recommendation of the
Tenth Circuit, approved by the NAHB court--to measure the co-extensive
impacts; that is, measure the entire impact of applying the adverse
modification provision of section 7, regardless of whether the jeopardy
provision alone would result in the identical impact.
The Tenth Circuit's opinion only addressed ESA section 4(b)(2)'s
requirement that economic impacts be considered. The Court did not
address how ``other relevant impacts'' were to be considered, nor did
it address the benefits of designation. Because section 4(b)(2)
requires a consideration of other relevant impacts of designation, and
the benefits of designation, and because our record did not support a
distinction between impacts resulting from application of the adverse
modification provision versus the jeopardy provision, we are uniformly
considering coextensive impacts and coextensive benefits, without
attempting to distinguish the benefit of a critical habitat
consultation from the benefit that would otherwise result from a
jeopardy consultation that would occur even if critical habitat were
not designated. To do otherwise would distort the balancing test
contemplated by section 4(b)(2).
The principal benefit of designating critical habitat is that
Federal activities that may affect such habitat are subject to
consultation pursuant to section 7 of the ESA. Such consultation
requires every Federal agency to ensure that any action it authorizes,
funds or carries out is not likely to result in the destruction or
adverse modification of critical habitat. This complements the section
7 provision that Federal agencies ensure that their actions are not
likely to jeopardize the continued existence of a listed species.
Another benefit is that the designation of critical habitat can serve
to educate the public regarding the potential conservation value of an
area, and thereby, focus and contribute to conservation efforts by
clearly delineating areas of high conservation value for certain
species. It is unknown to what extent this process actually occurs and
what the actual benefit is, as there are also concerns, noted above,
that a critical habitat designation may discourage such conservation
efforts.
The balancing test in section 4(b)(2) contemplates weighing
benefits that are not directly comparable--the benefit to species
conservation balanced against the economic benefit, benefit to national
security, or other relevant benefit that results if an area is excluded
from designation. Section 4(b)(2) does not specify a method for the
weighing process. Agencies are frequently required to balance benefits
of regulations against impacts; Executive Order 12866 established this
requirement for Federal agency regulation. Ideally such a balancing
would involve first translating the benefits and impacts into a common
metric. Executive branch guidance from the Office of Management and
Budget (OMB) suggests that benefits should first be monetized (i.e.,
converted into dollars). Benefits that cannot be monetized should be
quantified (for example, numbers of fish saved). Where benefits can
neither be monetized nor quantified, agencies are to describe the
expected benefits (OMB, Circular A-4, September 17, 2003 (OMB, 2003)).
It may be possible to monetize benefits of critical habitat
designation for a threatened or endangered species in terms of
willingness-to-pay (OMB, 2003). However, we are not aware of any
available data that would support such an analysis for salmon. The
short statutory time-frames, geographic scale of the designations under
consideration, and the statute's requirement to use best ``available''
information suggests such a costly and time-consuming approach is not
currently available. In addition, ESA section 4(b)(2) requires analysis
of impacts other than economic impacts that are equally difficult to
monetize, such as benefits to national security of excluding areas from
critical habitat. In the case of salmon designations, impacts to Indian
tribes are an ``other relevant impact'' that also may be difficult to
monetize.
An alternative approach, approved by OMB, is to conduct a cost-
effectiveness analysis. A cost-effectiveness analysis ideally first
involves quantifying benefits, for example, percent reduction in
extinction risk, percent increase in productivity, or increase in
numbers of fish. Given the state of the science, it would be difficult
to reliably quantify the benefits of including particular areas in the
critical habitat designation. Although it is difficult to monetize or
quantify benefits of critical habitat designation, it is possible to
differentiate among habitat areas based on their relative contribution
to conservation. For example, habitat areas can be rated as having a
high, medium or low conservation value. The qualitative ordinal
evaluations can then be combined with estimates of the economic costs
of critical habitat designation in a framework that essentially adopts
that of cost-effectiveness. Individual habitat areas can then be
assessed using both their biological evaluation and economic cost, so
that areas with high conservation value and lower economic cost might
be considered to have a higher priority for designation while areas
with a low conservation value and higher economic cost might have a
higher priority for exclusion. While this approach can provide useful
information to the decision-maker, there is not rigid formula through
which this information translates into exclusion decisions. Every
geographical area containing habitat eligible for designation is
different, with a unique set of ``relevant impacts'' that may be
considered in the exclusion process. Regardless of the analytical
approach, section 4(b)(2) makes clear that what weight the agency gives
various impacts and benefits, and whether the agency excludes areas
from the designation, is discretionary.
Assessment of Economic Impacts
Assessment of economic impact generated considerable interest from
commenters on the ANPR (68 FR 55926; September 29, 2003). A number of
commenters requested that we make the economic analysis available as
part of the proposed rulemaking, and some identified key considerations
(e.g., sector-specific impacts, direct and indirect costs, ecological
services/benefits) that they believed must be taken into account. In a
draft report, we have documented our conclusions regarding the economic
impacts of designating each of the particular areas found to meet the
definition of critical habitat for the seven ESUs addressed in this
rulemaking (NMFS, 2004c). This report is available from NMFS (see
ADDRESSES).
The first step was to identify existing legal and regulatory
constraints on economic activity that are independent of critical
habitat designation, such as Clean Water Act requirements. Coextensive
impacts of the ESA section 7 requirement to avoid jeopardy were not
considered part of the baseline. Given the uncertainty that existing
[[Page 71914]]
critical habitat designations in California (i.e., Sacramento River
winter run chinook salmon, Central California Coast coho salmon, and
Southern Oregon/Northern California coho salmon ESUs) will remain in
place in their current configuration, we decided not to consider them.
Next, from the consultation record, we identified Federal
activities that might affect habitat and that might result in a section
7 consultation. (We did not consider Federal actions, such as the
approval of a fishery, that might affect the species directly but not
affect its habitat.) We identified nine types of activities including:
hydropower dams; non-hydropower dams and other water supply structures;
Federal lands management, including grazing (considered separately);
transportation projects; utility line projects; in-stream activities,
including dredging (considered separately); activities permitted under
Environmental Protection Agency's (EPA) National Pollution Discharge
Elimination System; sand & gravel mining; and residential and
commercial development. Based on our consultation record and other
available information, we determined the modifications each type of
activity was likely to undergo as a result of section 7 consultation
(regardless of whether the modification might be required by the
jeopardy or the adverse modification provision). We developed an
expected direct cost for each type of action and projected the likely
occurrence of each type of project in each watershed, using existing
spatial databases (e.g., the Corps 404(d) permit database). Finally, we
aggregated the costs from the various types of actions and estimated an
annual impact, taking into account the probability of consultation
occurring and the likely rate of occurrence of that project type.
This analysis allowed us to estimate the coextensive economic
impact of designating each ``particular area'' that was occupied by
each ESU (i.e. each occupied CALWATER HSA watershed). Expected economic
impacts from this analysis ranged from zero to several million dollars
per occupied habitat area within the range of the seven ESUs addressed
in this rulemaking. Where a watershed included both tributaries and a
migration corridor that served other watersheds, we attempted to
estimate the separate impacts of designating the tributaries and the
migration corridor. We did this by identifying those categories of
activities most likely to affect tributaries and those most likely to
affect larger migration corridors.
Because of the methods we selected and the data limitations,
portions of our analysis both under- and over-estimate the co-extensive
economic impact of section 7 requirements. For example, we lacked data
on the likely impact on flows at non-Federal hydropower projects, which
would increase economic impacts. We also did not have sufficient
information currently available allowing us to estimate the likely
economic impact of a judicially-imposed ban on pesticide use near
salmon-bearing streams. The EPA was recently enjoined from authorizing
the application of a set of pesticides within a certain distance of
``salmon supporting waters.'' We have completed a preliminary analysis
of these impacts at the ESU level (NMFS, 2004c). Because of existing
data limitations of the preliminary nature of the analysis, we
determined not to use these estimates in the proposed designations.
However, we believe the information presented in this preliminary
consideration will aid public comment and assist in the development of
a more complete examination of these impacts for the final rule.
Finally, we did not have information about potential changes in
irrigation flows associated with section 7 consultations. These impacts
would increase the estimate of co-extensive costs. On the other hand,
we estimated an impact on all activities occurring within the
geographic boundaries of a watershed, even though in some cases
activities would be far removed from occupied stream reaches and so
might not require modification or even consultation. We intend to
pursue information prior to issuing a final rule that will allow us to
refine our estimates of economic impacts and better inform our analysis
under section 4(b)(2).
In addition, we had no information on the costs of critical habitat
designation that occur outside the section 7 consultation process,
including costs resulting from state or local regulatory burdens
imposed on developers and landowners as a result of a Federal critical
habitat designation. We solicit information on these subjects during
the public comment period.
Exclusion Process
In determining whether the economic benefit of excluding a habitat
area (that is, an HSA watershed) might outweigh the benefit of
designation to the species, we took into consideration a cost-
effectiveness approach giving priority to excluding habitat areas with
a relatively lower benefit of designation and a relatively higher
economic impact. We believe it is reasonable at this stage of the
analysis to assume that all areas containing physical or biological
features essential to the conservation of the species are essential to
the conservation of the species.
The circumstances of most listed ESUs can make a cost-effectiveness
approach useful. Pacific salmon are wide-ranging species and occupy
numerous habitat areas with thousands of stream miles. Not all occupied
areas, however, are of equal importance to conserving an ESU. Within
the currently occupied range there are areas that support highly
productive populations, areas that support less productive populations,
and areas that support production in only some years. Some populations
within an ESU may be more important to long-term conservation of the
ESU than other populations. Therefore, in many cases it may be possible
to construct different scenarios for achieving conservation. Scenarios
might have more or less certainty of achieving conservation, and more
or less economic impact. Future applications of this methodology will
strive to better distinguish the relative conservation value of habitat
areas (i.e. HSA watersheds) eligible for designation, which should
improve the utility of this approach.
We attempted to consider the effect of excluding areas, either
alone or in combination with other areas, on the opportunities for
conservation of the ESUs. We preferred exclusions in areas with a lower
conservation value to those with a high conservation value. We also
recognize that in practice a large proportion of all watersheds
received a ``high'' conservation rating, making it difficult to
establish priorities within that subgroup. In the second step of the
process, we asked the Teams whether excluding any of the habitat areas
identified in the first step would significantly impede conservation,
recognizing that the breadth of available conservation measures makes
such judgements necessarily subjective. The Teams considered this
question in the context of all of the areas eligible for exclusion as
well as the information they had developed in providing the initial
conservation ratings. The following section describes the results of
applying this process to each ESU. The results are discussed in greater
detail in a separate report that is available for public review and
comment (NMFS, 2004d). While the possible effect on conservation was
useful information, it was not determinative in deciding whether to
propose the exclusion of an area. The only determinative limitation is
the statutory bar on excluding any area that ``will result in the
extinction of the species concerned.''
[[Page 71915]]
Critical Habitat Designation
Not including any of the additional categories of potential
exclusions identified above, we are proposing to designate
approximately 11,668 mi (18,669 km) of riverine habitat and 947 mi\2\
(2,444 km\2\) of estuarine habitat within the geographical areas
presently occupied by the seven ESUs (Table 2). This proposal excludes
approximately 1,109 mi (1,774 km) of occupied riverine habitat as a
result of economic considerations, 36 mi (22 km) of occupied riverine
habitat on Tribal lands, and 41 mi (66 km) of occupied riverine habitat
on DOD lands. In addition, the proposal excludes approximately 229
mi\2\ (591 km\2\) of estuarine habitat in San Francisco Bay. Some of
these areas proposed for designation or exclusion overlap substantially
with two or more ESUs. For example, the CC chinook and NC O. mykiss
ESUs have similar geographic distributions in coastal watersheds north
of San Francisco Bay, the CV spring-run chinook and CV O. mykiss ESUs
have overlapping distributions in the Sacramento River watershed and
Delta within the central valley, and the CV spring-run chinook, CV O.
mykiss, and CCC O. mykiss ESUs have overlapping distributions in
portions of the San Francisco-San Pablo-Suisun Bay estuarine complex.
As described previously, NMFS is not proposing to designate Tribal
lands with occupied habitat or DOD controlled lands with occupied
habitat that are subject to INRMPs that benefit the listed ESUs. The
net economic impacts (coextensive with ESA section 7) associated with
the areas proposed for designation for all ESUs combined are estimated
to be approximately $83,511,186. This estimate does not account for
reductions that occur as a result of excluding Indian lands or military
lands. Moreover, as discussed previously, we are soliciting comment on
additional exclusions which, if adopted, would further reduce the
estimate of coextensive costs.
The proposed designated habitat areas, summarized below by ESU,
contain physical and biological features essential to the conservation
of the species and that may require special management considerations
or protection. Some of the areas proposed for designation are likely to
be excluded in the final rule after consideration of the additional
three categories of potential exclusions identified above.
Table 2.--Approximate Quantity of Proposed Critical Habitat* and Ownership Within Watersheds Containing Habitat Areas Proposed for Designation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estuary
ESU Streams (mi) habitat (sq Federal Tribal State/local Private
(km) mi) (sq km)
--------------------------------------------------------------------------------------------------------------------------------------------------------
California Coastal Chinook.............................. 1,513 25 16.4 0.4 3.4 79.8
2,421 65 .............. .............. .............. ..............
Northern California O. mykiss........................... 2,989 25 18.8 0.5 3.7 77.1
4,782 65 .............. .............. .............. ..............
Central California Coast O. mykiss...................... 1,675 386 4.5 0.0 7.2 88.3
2,680 996 .............. .............. .............. ..............
South-Central California O. mykiss...................... 1,240 3 16.3 0.0 2.2 81.6
1,984 8 .............. .............. .............. ..............
Southern California O. mykiss........................... 784 .............. 25.0 1.0 2.4 71.6
1,254 .............. .............. .............. .............. ..............
Central Valley spring-run Chinook....................... 1,150 254 12.1 0.0 3.3 84.5
1,840 655 .............. .............. .............. ..............
Central Valley O. mykiss................................ 2,317 254 8.6 0.0 3.1 88.3
3,707 655 .............. .............. .............. ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
\*\ These estimates are the total amount proposed for each ESU. They do not account for overlapping areas proposed for multiple ESUs.
California Coastal Chinook Salmon ESU
There are 45 occupied HSA watersheds within the freshwater and
estuarine range of this ESU. For ease of reference these watersheds
have been aggregated into 8 larger subbasin units (or CALWATER HUs).
Eight HSA watersheds received a low rating, 10 received a medium
rating, and 27 received a high rating of conservation value to the ESU
(NMFS, 2004b). Two estuarine habitat areas used for rearing and
migration (Humboldt Bay and the Eel River Estuary) that are not
CALWATER HSAs were also evaluated and received a high conservation
value rating.
HSA watershed habitat areas in this ESU include approximately 1,638
mi (2,635 km) of occupied stream habitat and 25 mi\2\ (65 km\2\) of
occupied estuarine habitat (Humboldt Bay). Approximately 12 mi (19 km)
of occupied stream habitat is within the boundaries of Indian
reservations and proposed for exclusion. We have not calculated the
potential reduction in estimated economic impact as a result of these
Indian land exclusions, but expect it would be small given the small
percentage of stream miles these exclusions represent (less than 0.1
percent of all occupied stream miles).
As a result of the balancing process for economic impacts described
above, the Secretary is currently proposing to exclude from the
designation, at a minimum, the habitat areas (or HSAs) shown in Table
3. Of the areas eligible for designation, no fewer than approximately
113 stream miles (180 km) are proposed for exclusion because the
economic benefits of exclusion outweigh the benefits of designation.
The total potential estimated economic impact, with no exclusions,
would be $11,651,723. The exclusions set forth in Table 3 would reduce
the total estimated economic impact to $7,586,559. However, as
indicated above, the Secretary is considering a number of additional
exclusions which may further reduce this economic impact by a
substantial amount. For this ESU, a preliminary analysis of the
economic impact of designating critical habitat after considering some
of these additional exclusions (primarily the exclusion of watersheds
with a large percentage of Federal lands) indicates cost impacts could
be reduced to about $3,200,000.
[[Page 71916]]
Table 3.--HSA Watersheds Occupied by the California Coastal Chinook Salmon ESU and Proposed for Exclusion From
Critical Habitat
----------------------------------------------------------------------------------------------------------------
Watershed (HSA)
Subbasin/hydrologic unit code Watershed (HSA) name Area proposed for exclusion
----------------------------------------------------------------------------------------------------------------
Unit 1. Eel River HU................ 111122 Bridgeville........... Entire watershed.
111171 Eden Valley........... Entire watershed.
111173 Black Butte River..... Entire watershed.
111174 Wilderness............ Entire watershed
Unit 8. Russian River HU............ 111422 Santa Rosa........... Entire watershed.
----------------------------------------------------------------------------------------------------------------
Northern California O. mykiss ESU
There are 50 occupied HSA watersheds within the freshwater and
estuarine range of this ESU. For ease of reference these watersheds
have been aggregated into seven larger subbasin units (or CALWATER HUs)
within which the HSA watersheds are nested. Nine watersheds received a
low rating, 14 received a medium rating, and 27 received a high rating
of conservation value to the ESU (NMFS, 2004b). Two estuarine habitat
areas used for rearing and migration (Humboldt Bay and the Eel River
Estuary) that are not CALWATER HSAs were also evaluated and received a
high conservation value rating.
HSA watershed habitat areas in this ESU include approximately 3,128
mi (5,005 km) of occupied stream habitat and 25 mi\2\ (65 km\2\) of
occupied estuarine habitat (Humboldt Bay). Approximately 23 mi (37 km)
of stream habitat are within the boundaries of Indian reservations and
are proposed for exclusion. We have not calculated the potential
reduction in estimated economic impact as a result of these Indian land
exclusions, but expect it would be small given the small percentage of
stream miles these exclusions represent.
As a result of the balancing process for economic impacts described
above, the Secretary is currently proposing to exclude from the
designation, at a minimum, the habitat areas (or HSAs) shown in Table
4. Of the areas eligible for designation, no fewer than approximately
116 mi (185 km) are proposed for exclusion because the economic
benefits of exclusion outweigh the benefits of designation. Total
potential estimated economic impact, with no exclusions, is
$10,842,357. The exclusions set forth in Table 4 would reduce the total
estimated economic impact to $6,688,254. However, as indicated above,
the Secretary is considering a number of additional exclusions which
may further reduce this economic impact by a substantial amount. For
this ESU, a preliminary analysis of the economic impact of designating
critical habitat after considering some of these additional exclusions
(primarily the exclusion of watersheds with a large percentage of
Federal lands) indicates the cost impact could be reduced to about
$1,900,000.
Table 4.--HSA Watersheds Occupied by the Northern California O. mykiss ESU and Proposed for Exclusion From
Critical Habitat
----------------------------------------------------------------------------------------------------------------
Subbasin/unit Watershed code Watershed name Area proposed for exclusion
----------------------------------------------------------------------------------------------------------------
Unit 3. Mad River HU................ 110940 Ruth.................. Entire watershed.
Unit 5. Eel River HU................ 111150 North Fork Eel........ Entire watershed.
111163 Lake Pillsbury........ Entire watershed.
----------------------------------------------------------------------------------------------------------------
Central California Coast O. mykiss ESU
There are 47 occupied HSA occupied watersheds within the freshwater
and estuarine range of this ESU, including the Upper Alameda Creek
watershed which supports a resident O. mykiss population that is
proposed for listing. For ease of reference these watersheds have been
aggregated into10 larger subbasin units (or CALWATER Hus) within which
the HSA watersheds are nested. Fourteen HSA watersheds received a low
rating, 13 received a medium rating, and 20 received a high rating of
conservation value to the ESU (NMFS, 2004b ). Five of these HSA
watershed units comprise portions of the San Francisco-San Pablo-Suisun
Bay complex which constitutes rearing and migratory habitat for this
ESU.
HSA watershed habitat areas in this ESU include approximately 2,002
miles (3,203 km) of occupied stream habitat and 442 mi\2\ (1,140 km\2\)
of occupied estuarine habitat in the San Francisco Bay complex.
Approximately 1.0 mi (2.0 km) of occupied stream habitat is within the
boundaries of Indian reservations and proposed for exclusion. We have
not calculated the potential reduction in estimated economic impact as
a result of these Indian land exclusions, but expect it would be small
given the small percentage of stream miles these exclusions represent.
As a result of the balancing process for economic impacts described
above, the Secretary is currently proposing to exclude from the
designation, at a minimum, the HSA habitat areas shown in Table 5. Of
the areas eligible for designation, no fewer than approximately 326 mi
(522 km) of stream habitat and 56 mi\2\ (144 km\2\) of estuarine
habitat in Suisun Bay (HSA 220710) are proposed for exclusion because
the economic benefits of exclusion outweigh the benefits of
designation. The total potential estimated economic impact, with no
exclusions, is $9,327,996. The exclusions set forth in Table 5 would
reduce the total estimated economic impact to $5,452,712. However, as
indicated above, the Secretary is considering a number of additional
exclusions which may further reduce this economic impact. For this ESU,
a preliminary analysis of the economic impact of designating critical
habitat after considering some of these additional exclusions
(primarily the exclusion of watersheds with a large percentage of
Federal lands), indicates the cost impact could be reduced to
approximately $5,000,000.
[[Page 71917]]
Table 5.--HSA Watersheds Occupied by the Central California Coast O. mykiss ESU and Proposed for Full or Partial
Exclusion From Critical Habitat
----------------------------------------------------------------------------------------------------------------
Watershed
Subbasin/hydrologic unit (HSA) code Watershed name Area proposed for exclusion
----------------------------------------------------------------------------------------------------------------
Unit 1. Russian River HU............ 111422 Santa Rosa............ Entire watershed.
111431 Ukiah................. Tributaries.
Unit 5. Bay Bridges HU.............. 220330 San Rafael............ Entire watershed.
Unit 6. South Bay HU................ 220440 San Mateo Bayside..... Entire watershed.
220420 Eastbay Cities........ Tributaries.
Unit 7. Santa Clara HU.............. 220540 Guadelupe River....... Entire watershed.
Unit 8. San Pablo HU................ 220620 Novato................ Entire watershed.
220660 Pinole................ Entire watershed.
Unit 9. Suisun HU................... 220710 Suisun Bay............ Entire unit.
220721 Benecia............... Entire watershed.
220731 Pittsburg............. Entire watershed.
220733 Martinez.............. Entire watershed.
----------------------------------------------------------------------------------------------------------------
Watersheds for which tributaries only are excluded contain rearing/migration corridors necessary for
conservation.
South-Central California Coast O. mykiss ESU
There are 30 occupied HSA watersheds within the freshwater and
estuarine range of this ESU. For ease of reference these watersheds
have been organized into eight larger subbasin units (or CALWATER HUs)
within which the HSA watersheds are nested. Six watersheds received a
low conservation rating, 11 received a medium rating, and 13 received a
high rating of conservation value to the ESU (NMFS, 2004b). One of
these occupied watershed units is Morro Bay which is rearing and
migratory habitat for those populations which spawn and rear in
tributaries to the Bay. Of the 1,261 mi (2,018 km) of occupied riverine
habitat and 3 mi\2\ (8 km\2\) of occupied estuarine habitat (Morro Bay)
in the ESU, approximately 21 mi (34 km) are not proposed for
designation because they are within lands controlled by the military
(Camp San Luis Obispo and Camp Roberts) that have qualifying INRMPs.
As a result of the balancing process for economic impacts described
above, the Secretary is not proposing to exclude any areas from the
habitat that is eligible for designation. The total potential estimated
economic impact of the designation, without exclusions, would be
$10,084,293. However, as indicated above, the Secretary is considering
a number of additional exclusions which may reduce this economic impact
by a substantial amount. For this ESU, a preliminary analysis of the
economic impact of designating critical habitat after considering some
of these additional exclusions (primarily the exclusion of watersheds
with a large percentage of Federal lands) indicates the cost impacts
could be reduced to about $4,300,000.
Southern California O. mykiss ESU
There are 37 occupied HSA watersheds within the freshwater and
estuarine range of this ESU. For ease of reference these watersheds
have been aggregated into eight subbasin units (or CALWATER HUs) within
which the HSA watersheds are nested. Six HSA watersheds received a low
rating, 6 received a medium rating, and 25 received a high rating of
conservation value to the ESU (NMFS, 2004b).
There are 837 mi (1,339 km) of occupied stream habitat in the 37
HSA watersheds comprising this ESU. Of these, approximately 20 mi (32
km) occupied stream miles (30.0 km) occur on Vandenberg AFB and Camp
Pendleton Marine Corps Base which are not proposed for designation
because they are within lands controlled by the military that have
qualifying INRMPs.
As a result of the balancing process for economic impacts described
above, the Secretary is currently proposing to exclude from the
designation, at a minimum, the habitat areas shown in Table 6. Of the
areas eligible for designation, no fewer than 33 mi (53km) are proposed
for exclusion because the economic benefits of exclusion outweigh the
benefits of designation. The total potential estimated economic impact,
with no exclusions, would be $21,008,746. The exclusions set forth in
Table 6 would reduce the total estimated economic impact to
$12,716,386. However, as indicated above, the Secretary is considering
a number of additional exclusions which may further reduce this
economic impact by a substantial amount for this ESU. For this ESU, a
preliminary analysis of the economic impact of designating critical
habitat after considering some of these additional exclusions
(primarily the exclusion of watersheds with a large percentage of
Federal lands) indicates that impacts could be reduced to about
$3,600,000.
Table 6.--HSA Watersheds Occupied by the Southern California O. mykiss ESU and Proposed for Exclusion From
Critical Habitat
----------------------------------------------------------------------------------------------------------------
Subbasin/hydrologic unit Watershed code HSA watershed name Area proposed for exclusion
----------------------------------------------------------------------------------------------------------------
Unit 1. Santa Maria River HU........ 331210 Guadelupe............. Tributaries only.
331230 Cuyama Valley......... Entire watershed.
Unit 2. Santa Ynez HU............... 331430 Buelton............... Tributaries only.
331451 Santa Cruz Creek...... Entire watershed
Unit 7. Calleguas HU................ 440811 East of Oxnard........ Entire watershed.
----------------------------------------------------------------------------------------------------------------
[[Page 71918]]
Central Valley Spring-Run Chinook Salmon ESU
There are 37 occupied HSA watersheds within the freshwater and
estuarine range of this ESU. For ease of reference these watersheds
have been aggregated into 15 subbasin units (or CALWATER HUs) within
which the HSA watersheds are nested. Four of these HSA watershed units
comprise the San Francisco-San Pablo-Suisun Bay complex through which
this ESU migrates to and from the ocean, and these HSAs were aggregated
into a separate unit for descriptive purposes. Eight HSA watersheds
received a low rating, 4 received a medium rating, and 25 received a
high rating of conservation value to the ESU (NMFS, 2004b). Occupied
habitat areas or HSA watersheds for this ESU include approximately
1,381 mi (2,212 km) of riverine habitat, in addition to approximately
427 mi2 (1,102 km2) of estuarine habitat in the
San Francisco-San Pablo-Suisun Bay complex.
As a result of the balancing process for economic impacts described
above, the Secretary is currently proposing to exclude from the
designation, at a minimum, the habitat areas (or HSAs) shown in Table
7. Of the areas eligible for designation, no fewer than approximately
231 mi (369 km) of stream habitat and 173 mi2 (446
km2) of estuarine habitat in San Francisco Bay are proposed
for exclusion because the economic benefits of exclusion outweigh the
benefits of designation. The total potential estimated economic impact,
with no exclusions, is $23,577,391. The exclusions set forth in Table 7
would reduce the total estimated economic impact to 16,787,737.
However, the Secretary is considering a number of additional exclusions
which may further reduce this economic impact by a substantial amount.
For this ESU, a preliminary analysis of the economic impact of
designating critical habitat after considering some of these additional
exclusions (primarily the exclusion of watersheds with a large
percentage of Federal lands) indicates the cost impact could be reduced
to about $12,900,000.
Table 7.--HSA Watersheds Occupied by the Central Valley Spring-run Chinook Salmon ESU and Proposed for Exclusion
From Critical Habitat
----------------------------------------------------------------------------------------------------------------
Subbasin/hydrologic unit Watershed code HSA watershed name Area proposed for exclusion
----------------------------------------------------------------------------------------------------------------
Unit 2. Whitmore HU................. 550731 South Cow Creek....... Entire watershed.
Unit 5. Sacramento Delta HU......... 551000 Sacramento Delta...... Partial.
Unit 8. Yuba River HU............... 551713 Mildred Lake.......... Entire watershed.
Unit 9. Valley American HU.......... 551921 Lower American........ Entire watershed.
Unit 12. Ball Mountain HU........... 552310 Thomes Creek.......... Entire watershed.
Unit 13. Shasta Bally HU............ 552433 South Fork............ Entire watershed.
Unit 14. No. Diable Range HU........ 554300 No. Diablo Range...... Entire watershed.
Unit 15. San Joaquin Delta HU....... 554400 San Joaquin Delta..... Entire watershed.
Unit 16 South SF Bay HU............. 220410 South SF Bay.......... Entire unit.
----------------------------------------------------------------------------------------------------------------
Central Valley O. mykiss ESU
There are 67 occupied HSA watersheds within the freshwater and
estuarine range of this ESU. For ease of reference these watersheds
have been aggregated into 25 subbasin units (or CALWATER HUs) within
which the HSA watersheds are nested. Four of these HSA watershed units
comprise the San Francisco-San Pablo-Suisun Bay complex through which
this ESU migrates to and from the ocean, and these HSAs were aggregated
into a separate unit for descriptive purposes. Fourteen HSA watersheds
received a low rating, 16 received a medium rating, and 37 received a
high rating of conservation value to the ESU (NMFS, 2004b). Occupied
habitat areas or HSA watersheds for this ESU include approximately
2,607 mi (4,171 km) of stream habitat, in addition to approximately 427
mi2 (1,102 km2) of estuarine habitat in the San
Francisco-San Pablo-Suisun Bay complex.
As a result of the balancing process for economic impacts described
above, the Secretary is proposing to exclude from the designation, at a
minimum, the habitat areas (or HSAs) shown in Table 8. Of the areas
eligible for designation, no fewer than approximately 290 mi (464 km)
of stream and 173 mi2 (446 km2) of estuarine
habitat in San Francisco Bay are proposed for exclusion because the
economic benefits of exclusion outweigh the benefits of designation.
The total potential estimated economic impact, with no exclusions, is
$29,187,888. The exclusions set forth in Table 8 would reduce the total
estimated economic impact to $24,195,245. However, as indicated above,
the Secretary is considering a number of additional exclusions which
may further reduce this economic impact by a substantial amount. For
this ESU, a preliminary analysis of the economic impact of designating
critical habitat after considering some of these additional exclusions
(primarily the exclusion of watersheds with a large percentage of
Federal lands) indicates that economic impacts could be reduced to
about $18,500,000.
Table 8.--HSA Watersheds Occupied by the Central Valley O. mykiss ESU and Proposed for Exclusion From Critical
Habitat
----------------------------------------------------------------------------------------------------------------
Watershed
Subbasin/hydrologic unit (HSA) code Watershed name Area proposed for exclusion
----------------------------------------------------------------------------------------------------------------
Unit 5. Sacramento Delta HU......... 551000 Sacramento Delta...... Partial watershed.
Unit 6. Valley-Putah Cache HU....... 551110 Elmira................ Entire watershed.
Unit 8. Marysville HU............... 551510 Lower Bear River...... Entire watershed.
Unit 9. Yuba River HU............... 551713 Mildred Lake.......... Entire watershed.
551720 Nevada City........... Entire watershed.
Unit 12. Butte Creek HU............. 552110 Upper Dry Creek....... Entire watershed.
[[Page 71919]]
Unit 15. North Valley Floor HU...... 553111 Herald................ Entire watershed.
553120 Lower Mokelumne....... Partial watershed.
Unit 16. Middle Sierra.............. 553221 Big Canyon Creek...... Entire watershed.
553223 NF Cosumnes........... Entire watershed.
553224 Omo Ranch............. Entire watershed.
553240 Sutter Creek.......... Entire watershed.
Unit 21. No. Diablo Range........... 554300 No. Diablo Range...... Entire watershed.
Unit 23. So. SF Bay................. 220410 So. SF Bay............ Entire unit.
----------------------------------------------------------------------------------------------------------------
Effects of Critical Habitat Designation
Section 7 Consultation
Section 7 of the ESA requires Federal agencies, including NMFS, to
ensure that actions they fund, authorize, permit, or carry out do not
destroy or adversely modify critical habitat. In agency regulations at
50 CFR 402.02, we define destruction or adverse modification as ``a
direct or indirect alteration that appreciably diminishes the value of
critical habitat for both the survival and recovery of a listed
species. Such alterations include, but are not limited to: Alterations
adversely modifying any of those physical or biological features that
were the basis for determining the habitat to be critical.'' However,
in a March 15, 2001, decision of the United States Court of Appeals for
the Fifth Circuit (Sierra Club v. U.S. Fish and Wildlife Service, 243
F.3d 434 (5th Cir. 2001), and an August 9, 2004 decision of the United
States Court of Appeals for the Ninth Circuit (Gifford Pinchot Task
Force v. U.S. Fish and Wildlife, No. 03-35279, the courts have found
the agencies' definition of destruction or adverse modification to be
invalid. In response to this decision, we are reviewing this regulatory
definition.
Section 7(a) of the ESA requires Federal agencies, including NMFS,
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 provision of the ESA are codified at 50 CFR part 402. Section
7(a)(4) of the ESA 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 the 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.
We may issue a formal conference report if requested by a Federal
agency. Formal conference reports include an opinion that is prepared
according to 50 CFR 402.14, as if the species were listed or critical
habitat designated. We may adopt the formal conference report as the
biological opinion when the species is listed or critical habitat
designated, if no substantial new information or changes in the action
alter the content of the opinion (see 50 CFR 402.10(d)).
If a species is listed or critical habitat is designated, ESA
section 7(a)(2) requires Federal agencies to ensure that activities
they authorize, fund, or carry out are not likely to jeopardize the
continued existence of such a species or to destroy or adversely modify
its critical habitat. If a Federal action may affect a listed species
or its critical habitat, the responsible Federal agency (action agency)
must enter into consultation with us. Through this consultation, we
would review actions to determine if they would destroy or adversely
modify critical habitat.
If we issue a biological opinion concluding that a project is
likely to result in the destruction or adverse modification of critical
habitat, we will 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 we believe 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.
Activities on Federal lands that may affect these ESUs or their
critical habitat will require ESA 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 NMFS, or some other Federal action,
including funding (e.g., Federal Highway Administration (FHA) or
Federal Emergency Management Agency (FEMA) funding), will also 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.
Activities Affected by Critical Habitat Designation
Section 4(b)(8) of the ESA requires that we evaluate briefly and
describe, in any proposed or final regulation that designates critical
habitat, those activities involving a Federal action that may adversely
modify such habitat or that may be affected by such designation. As
noted in the Special Management Considerations or Protection section
above, we received several comments on the ANPR (68 FR 55926; September
29, 2003) regarding
[[Page 71920]]
activities potentially affected by a critical habitat designation.
A wide variety of activities may affect critical habitat and, when
carried out, funded, or authorized by a Federal agency, require that an
ESA section 7 consultation be conducted. Such activities include, but
are not limited to, those described in the Species Descriptions and
Area Assessments section. Generally these include water and land
management actions of Federal agencies (e.g., USFS, BLM, Corps, U.S.
Bureau of Reclamation (BOR), the FHA, Natural Resource Conservation
Service (NRCS), National Park Service (NPS), BIA, and the Federal
Energy Regulatory Commission (FERC)) and related or similar actions of
other federally regulated projects and lands, including livestock
grazing allotments by the USFS and BLM; hydropower sites licensed by
the FERC; dams built or operated by the Corps or BOR; timber sales and
other vegetation management activities conducted by the USFS, BLM, and
BIA; irrigation diversions authorized by the USFS and BLM; road
building and maintenance activities authorized by the FHA, USFS, BLM,
NPS, and BIA; and mining and road building/maintenance activities
authorized by the State of California. Other actions of concern include
dredge and fill, mining, diking, and bank stabilization activities
authorized or conducted by the Corps, habitat modifications authorized
by the FEMA, and approval of water quality standards and pesticide
labeling and use restrictions administered by the EPA.
The Federal agencies that will most likely be affected by this
critical habitat designation include the USFS, BLM, BOR, Corps, FHA,
NRCS, NPS, BIA, FEMA, EPA, and the FERC. This designation will provide
these agencies, private entities, and the public with clear
notification of critical habitat designated for listed salmonids and
the boundaries of the habitat. This designation will also assist these
agencies and others in evaluating the potential effects of their
activities on listed salmon and their critical habitat and in
determining if section 7 consultation with NMFS is needed.
As noted above, numerous private entities also may be affected by
this critical habitat designation because of the direct and indirect
linkages to an array of Federal actions, including Federal projects,
permits, and funding. For example, private entities may harvest timber
or graze livestock on Federal land or have special use permits to
convey water or build access roads across Federal land; they may
require Federal permits to armor stream banks, construct irrigation
withdrawal facilities, or build or repair docks; they may obtain water
from federally funded and operated irrigation projects; or they may
apply pesticides that are only available with Federal agency approval.
These activities will need to be analyzed with respect to their
potential to destroy or adversely modify critical habitat. In some
cases, proposed activities may require modifications that may result in
decreases in activities such as timber harvest and livestock and crop
production. The transportation and utilities sectors may need to modify
the placement of culverts, bridges and utility conveyances (e.g.,
water, sewer and power lines) to avoid barriers to fish migration.
Developments occurring in or near salmon streams (e.g., marinas,
residential, or industrial facilities) that require Federal
authorization or funding may need to be altered or built in a manner
that ensures that critical habitat is not destroyed or adversely
modified as a result of the construction, or subsequent operation, of
the facility. These are just a few examples of potential impacts, but
it is clear that the effects will encompass numerous sectors of private
and public activities. If you have questions regarding whether specific
activities will constitute destruction or adverse modification of
critical habitat, contact NMFS (see ADDRESSES and FOR FURTHER
INFORMATION CONTACT).
Public Comments Solicited
We intend that any final action resulting from this proposal will
be as accurate and as effective as possible. Therefore, comments or
suggestions from the public, other concerned governments and agencies,
the scientific community, industry, or any other interested party
concerning this proposed rule are hereby solicited. Comments
particularly are sought concerning:
(1) Maps and specific information describing the amount,
distribution, and use type (e.g., spawning, rearing, or migration) of
salmon habitat in each ESU, as well as any additional information on
occupied and unoccupied habitat areas;
(2) The reasons why any habitat should or should not be determined
to be critical habitat as provided by sections 3(5)(A) and 4(b)(2) of
the ESA;
(3) Information regarding the benefits of excluding lands covered
by HCPs (ESA section 10(a)(1)(B) permits), including the regulatory
burden designation may impose on landowners and the likelihood that
exclusion of areas covered by existing plans will serve as an incentive
for other landowners to develop plans covering their lands;
(4) Information regarding the benefits of excluding Federal and
other lands covered by habitat conservation strategies and plans (e.g.,
Northwest Forest Plan, PACFISH, etc.), including the regulatory burden
designation may impose on land managers and the likelihood that
exclusion of areas covered by existing plans will serve as an incentive
for land user to implement the conservation measures covering the lands
subject to those plans;
(5) Information regarding the benefits of designating particular
areas as critical habitat;
(6) Current or planned activities in the areas proposed for
designation and their possible impacts on proposed critical habitat;
(7) Any foreseeable economic or other potential impacts resulting
from the proposed designations, in particular, any impacts on small
entities;
(8) 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; and
(9) Whether specific unoccupied areas (e.g., dewatered stream
reaches, areas behind dikes or dams, above dams, etc) not presently
proposed for designation may be essential to provide additional
spawning and rearing areas for an ESU. In particular we are seeking
information regarding unoccupied areas that may be essential for the
conservation of the SC and CV O. mykiss ESUs, and the CV spring-run
chinook ESU (see ESU Descriptions for specific unoccupied areas that
may be essential for conservation and for which comments are being
solicited).
If you wish to comment on this proposal, you may submit your
comments and materials concerning this proposal by any one of several
methods (see ADDRESSES section). The proposed rule, maps, fact sheets,
and other materials relating to this proposal can be found on our Web
site at http://swr.nmfs.noaa.gov. We will consider all comments and
information received during the comment period on this proposed rule as
we prepare our final rulemaking. Accordingly, the final decision may
differ from this proposal.
Public Hearings
Joint Commerce-Interior ESA implementing regulations state that the
Secretary shall promptly hold at least one public hearing if any person
requests one within 45 days of publication of a proposed regulation to
[[Page 71921]]
list a species or to designate critical habitat (see 50 CFR
424.16(c)(3)). Requests for public hearing must be made in writing (see
ADDRESSES) by January 24, 2005. Details regarding the specific hearing
locations and times will be posted on our Web site at http://swr.nmfs.noaa.gov. These hearings will provide the opportunity for
interested individuals and parties to give comments, exchange
information and opinions, and engage in a constructive dialogue
concerning this proposed rule. We encourage the public's involvement in
such ESA matters.
Peer Review
In accordance with an ESA policy published on July 1, 1994 (59 FR
34270), we will solicit the expert opinions of at least three
appropriate independent specialists regarding this proposed rule. Given
the varied considerations involved in making the proposed designations,
we intend to solicit reviews from specialist(s) with biological
expertise as well as specialist(s) with economic expertise in the
geographic range of these ESUs. The purpose of such review is to ensure
that the critical habitat designation is based on scientifically sound
data, assumptions, and analyses. We will send these reviewers copies of
this proposed rule immediately following publication in the Federal
Register. We will invite them to comment, during the public comment
period, on the specific assumptions and conclusions regarding the
proposed designation of critical habitat.
In response to the ANPR (68 FR 55926; September 29, 2003) we
received the names of two potential independent reviewers and will
identify other candidates prior to or soon after publishing this
proposed rule. We will announce the availability of comments received
from these reviewers and the public and make them available via the
internet as soon as practicable during or after the comment period but
in advance of a final rule.
Required Determinations
Clarity of the Rule
Executive Order 12866 requires each agency to write regulations and
notices that are easy to understand. We invite your comments on how to
make this proposed rule easier to understand, including answers to
questions such as the following: (1) Are the requirements in the
proposed rule clearly stated? (2) Does the proposed rule contain
technical jargon that interferes with its clarity? (3) Does the format
of the proposed rule (grouping and order of the sections, use of
headings, paragraphing, etc.) aid or reduce its clarity? (4) What else
could we do to make this proposed rule easier to understand? You may
send comments on how we could make this proposed rule easier to
understand to one of the addresses identified in the ADDRESSES section
or via e-mail to: [email protected].
Regulatory Planning and Review
In accordance with Executive Order 12866, this document is a
significant rule and has been reviewed by the OMB. As noted above, we
have prepared several reports to support the exclusion process under
section 4(b)(2) of the ESA. The economic costs of the proposed critical
habitat designations are described in our draft economic report (NMFS,
2004c). The benefits of the proposed designations are described in the
Critical Habitat Analytical Review Team preliminary findings report
(NMFS, 2004b). This document uses a biologically-based ranking system
for gauging the benefits of applying section 7 of the ESA to particular
watersheds. Because data are not available to express these benefits in
monetary terms, we have adopted a cost-effectiveness framework, as
outlined in our draft 4(b)(2) report (NMFS, 2004d). This approach is in
accord with OMB's guidance on regulatory analysis (OMB Circular A-4,
Regulatory Analysis, September 17, 2003). By taking this approach, we
seek to designate sufficient critical habitat to meet the biological
goal of the ESA while imposing the least burden on society, as called
for by E.O. 12866.
In assessing the overall cost of critical habitat designation for
the seven Pacific salmon and O. mykiss ESUs, the annual total impact
figures given in the draft economic analysis (NMFS, 2004c) cannot be
added together to obtain an aggregate annual impact. Because some
watersheds are included in more than one ESU, a simple summation would
entail duplication, resulting in an overestimate. Accounting for this
duplication, the aggregate annual economic impact of the seven proposed
critical habitat designations is $83,511,186 (in contrast to a
$115,680,394 aggregate annual economic impact from designating all
areas considered in the 4(b)(2) process for these ESUs). These amounts
include impacts that are co-extensive with the implementation of the
jeopardy standard of section 7 (NMFS, 2004c).
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effects of the rule on small entities (i.e., small
businesses, small organizations, and small government jurisdictions).
We have prepared a draft regulatory flexibility analysis and this
document (NMFS, 2004e) is available upon request (see ADDRESSES). This
analysis estimates that the number of regulated small entities
potentially affected by this proposed rulemaking ranges from 379 to
3,151, depending on the ESU. If the proposed areas are designated as
critical habitat, the estimated co-extensive costs of section 7
consultation incurred by small entities are estimated to range from
$1.6 million to $18.2 million depending on the ESU. As described in the
analysis, we considered various alternatives for designating critical
habitat for these seven ESUs. We considered and rejected the
alternative of not designating critical habitat for any of the ESUs
because such an approach did not meet the legal requirements of the
ESA. We also examined and rejected an alternative in which all the
potential critical habitat of the seven Pacific salmon and O. mykiss
ESUs is proposed for designation (i.e., no areas are excluded) because
many of the areas considered to have a low conservation value also had
relatively high economic impacts that might be mitigated by excluding
those areas from designation. A third alternative we examined and
rejected would exclude all habitat areas with a low or medium
conservation value. While this alternative furthers the goal of
reducing economic impacts, it is not sensitive to the fact that for
most ESUs, eliminating all habitat areas with low and medium
conservation value is likely to significantly impede conservation.
Moreover, for some habitat areas the incremental economic benefit from
excluding that area is relatively small. Therefore, after considering
these alternatives in the context of the section 4(b)(2) process of
weighing benefits of exclusion against benefits of designation, we
determined that the current proposal for designating critical habitat
(i.e., designating some but not all areas with low or medium
conservation value) provides an appropriate balance of conservation and
economic
[[Page 71922]]
mitigation and that excluding the areas identified in this proposed
rulemaking would not result in extinction of the ESUs. It is estimated
that small entities could save from $650,000 to $4.3 million in
compliance costs, depending on the ESU, if the areas proposed for
exclusion in this proposed rule are excluded from the designation.
Executive Order 13211
On May 18, 2001, the President issued an Executive Order on
regulations that significantly affect energy supply, distribution, and
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. This proposed rule may
be a significant regulatory action under Executive Order 12866. We have
prepared a draft analysis of the energy effects of critical habitat
designation and this document (NMFS, 2004e; see Appendix G) is
available upon request (see ADDRESSES).
Approximately 90 hydropower projects exist within the area covered
by the seven ESUs addressed in this rulemaking. The projects range from
very small ones with installed capacities considerably less than 5 MW
to much larger projects ranging up to 196 MW installed capacity. Within
California, the majority of hydropower project are private or State-
owned and licensed by FERC. A smaller percentage of all projects are
owned and operated by the Corps or BOR. Consultations on hydropower
projects represent a relatively small percentage of the total section 7
consultations concerning listed salmon, but cost of project
modification may be higher that for other activities. According to the
economic analysis performed for the proposed designation (NMFS, 2004e),
costs to hydropower projects associated with salmon section 7 actions
are anticipated to be approximately 23 percent of the annual costs of
overall section 7 statewide. The primary modifications resulting from
section 7 include construction or improvements to fish passage
facilities and programs, research and monitoring of water quality and
fish passage efficiency, and other offsite mitigation efforts.
Two threshold tests were considered to determine whether critical
habitat designation would have a ``significant adverse effect on the
supply, distribution, or use of energy'': Reductions in electricity
production in excess of 1 billion kilowatt-hours per year or in excess
of 500 megawattts of installed capacity; and increases in the cost of
energy production in excess of one percent. For both thresholds of the
energy impacts analysis, the assessment concludes that the total
impacts of salmon conservation/mitigation measures for hydropower
projects may exceed the thresholds for determining that an adverse
energy effect is significant. However, the assessment also concludes
based on the agency's section 7 consultation history, that the total
impacts of such conservation or mitigation overestimate the incremental
impacts of critical habitat designation alone because there is strong
evidence that consultation based on the jeopardy standard alone is
capable of imposing significant impacts on such projects. Based on the
energy impacts analysis, NMFS believes that the designation of critical
habitat will not have impacts that exceed the thresholds identified
above.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act, we make the
following findings:
(a) This proposed rule will not produce a Federal mandate. In
general, a Federal mandate is a provision in legislation, statute or
regulation that would impose an enforceable duty upon State, local,
tribal governments, or the private sector and includes both ``Federal
intergovernmental mandates'' and ``Federal private sector mandates.''
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal
intergovernmental mandate'' includes a regulation that ``would impose
an enforceable duty upon State, local, or tribal governments'' with two
exceptions. It excludes ``a condition of Federal assistance.'' It also
excludes ``a duty arising from participation in a voluntary Federal
program,'' unless the regulation ``relates to a then-existing Federal
program under which $500,000,000 or more is provided annually to State,
local, and tribal governments under entitlement authority,'' if the
provision would ``increase the stringency of conditions of assistance''
or ``place caps upon, or otherwise decrease, the Federal Government's
responsibility to provide funding'' and the State, local, or tribal
governments ``lack authority'' to adjust accordingly. (At the time of
enactment, these entitlement programs were: Medicaid; AFDC work
programs; Child Nutrition; Food Stamps; Social Services Block Grants;
Vocational Rehabilitation State Grants; Foster Care, Adoption
Assistance, and Independent Living; Family Support Welfare Services;
and Child Support Enforcement.) ``Federal private sector mandate''
includes a regulation that ``would impose an enforceable duty upon the
private sector, except (I) a condition of Federal assistance; or (ii) a
duty arising from participation in a voluntary Federal program.'' The
designation of critical habitat does not impose a legally binding duty
on non-Federal government entities or private parties. Under the ESA,
the only regulatory effect is that Federal agencies must ensure that
their actions do not destroy or adversely modify critical habitat under
section 7. While non-Federal entities who receive Federal funding,
assistance, permits or otherwise require approval or authorization from
a Federal agency for an action may be indirectly impacted by the
designation of critical habitat, the legally binding duty to avoid
destruction or adverse modification of critical habitat rests squarely
on the Federal agency. Furthermore, to the extent that non-Federal
entities are indirectly impacted because they receive Federal
assistance or participate in a voluntary Federal aid program, the
Unfunded Mandates Reform Act would not apply; nor would critical
habitat shift the costs of the large entitlement programs listed above
to State governments.
(b) Due to current public knowledge of salmon protection and the
prohibition against take of these species both within and outside of
the designated areas, we do not anticipate that this proposed rule will
significantly or uniquely affect small governments. As such, a Small
Government Agency Plan is not required.
Takings
In accordance with Executive Order 12630, the proposed rule does
not have significant takings implications. A takings implication
assessment is not required. The designation of critical habitat affects
only Federal agency actions. The proposed rule will not increase or
decrease the current restrictions on private property concerning take
of salmon. As noted above, due to widespread public knowledge of salmon
protection and the prohibition against take of the species both within
and outside of the designated areas, we do not anticipate that property
values will be affected by the proposed critical habitat designations.
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 (NMFS, 2004c). Additionally, critical
habitat designation does not preclude development of HCPs and issuance
of incidental take permits. Owners of areas that are included in the
[[Page 71923]]
designated critical habitat will continue to have the opportunity to
use their property in ways consistent with the survival of listed
salmon.
Federalism
In accordance with Executive Order 13132, this proposed rule does
not have significant federalism effects. A federalism assessment is not
required. In keeping with Department of Commerce policies, we requested
information from, and coordinated development of, this proposed
critical habitat designation with appropriate state resource agencies
in California. The proposed designation may have some benefit to the
states and local resource agencies in that the areas essential to the
conservation of the species are more clearly defined, and the primary
constituent elements of the habitat necessary to the survival of the
species are specifically identified. While making this definition and
identification does not alter where and what federally sponsored
activities may occur, it may assist 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 Department of the
Commerce has determined that this proposed 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 ESA. This proposed rule uses
standard property descriptions and identifies the primary constituent
elements within the designated areas to assist the public in
understanding the habitat needs of the seven salmon ESUs.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This proposed rule does not contain new or revised information
collection for which OMB approval is required under the Paperwork
Reduction Act. This rule will not impose recordkeeping or reporting
requirements on State or local governments, individuals, businesses, or
organizations. An agency may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless it
displays a currently valid OMB control number.
National Environmental Policy Act
We have determined that we need not prepare environmental analyses
as provided for under the National Environmental Policy Act of 1969 for
critical habitat designations made pursuant to the ESA. See Douglas
County v. Babbitt, 48 F.3d 1495 (9th Cir. 1995), cert. denied, 116
S.Ct. 698 (1996).
Government-to-Government Relationship With Tribes
The longstanding and distinctive relationship between the Federal
and tribal Governments is defined by treaties, statutes, executive
orders, judicial decisions, and agreements, which differentiate tribal
governments from the other entities that deal with, or are affected by,
the Federal Government. This relationship has given rise to a special
Federal trust responsibility involving the legal responsibilities and
obligations of the United States toward Indian Tribes and the
application of fiduciary standards of due care with respect to Indian
lands, tribal trust resources, and the exercise of tribal rights.
Pursuant to these authorities lands have been retained by Indian Tribes
or have been set aside for tribal use. These lands are managed by
Indian Tribes in accordance with tribal goals and objectives within the
framework of applicable treaties and laws.
Administration policy contained in the Secretarial Order:
``American Indian Tribal Rights, Federal-Tribal Trust Responsibilities,
and the Endangered Species Act'' (June 5, 1997) (``Secretarial
Order''); the President's Memorandum of April 29, 1994, ``Government-
to-Government Relations with Native American Tribal Governments'' (50
FR 2291); Executive Order 13175; and Department of Commerce-American
Indian and Alaska Native Policy (March 30, 1995) reflects and defines
this unique relationship.
These policies also recognize the unique status of Indian lands.
The Presidential Memorandum of April 29, 1994, provides that, to the
maximum extent possible, tribes should be the governmental entities to
manage their lands and tribal trust resources. The Secretarial Order
provides that, ``Indian lands are not Federal public lands or part of
the public domain, and are not subject to Federal public lands laws.''
In implementing these policies the Secretarial Order specifically
seeks to harmonize this unique working relationship with the Federal
Government's duties pursuant to the ESA. The order clarifies our
responsibilities when carrying out authorities under the ESA and
requires that we consult with and seek participation of, the affected
Indian Tribes to the maximum extent practicable in the designation of
critical habitat. Accordingly, we recognize that we must carry out our
responsibilities under the ESA in a manner that harmonizes these duties
with the Federal trust responsibility to the tribes and tribal
sovereignty while striving to ensure that Indian Tribes do not bear a
disproportionate burden for the conservation of species. Any decision
to designate Indian land as critical habitat must be informed by the
Federal laws and policies establishing our responsibility concerning
Indian lands, treaties and trust resources, and by Department of
Commerce policy establishing our responsibility for dealing with tribes
when we implement the ESA.
Pursuant to the Secretarial Order we consulted with the affected
Indian Tribes when considering the designation of critical habitat in
an area that may impact tribal trust resources, tribally owned fee
lands or the exercise of tribal rights. Additionally, one California
Indian tribe and the BIA provided written comments that are a part of
the administrative record for this proposed rulemaking.
We understand from the tribes and the BIA that there is general
agreement that Indian lands should not be designated critical habitat.
The Secretarial Order defines Indian lands as ``any lands title to
which is either: (1) Held in trust by the United States for the benefit
of any Indian tribe or (2) held by an Indian Tribe or individual
subject to restrictions by the United States against alienation.'' In
clarifying this definition with the tribes, we agree that (1) fee lands
within the reservation boundaries and owned by the Tribe or individual
Indian, and (2) fee lands outside the reservation boundaries and owned
by the Tribe would be considered Indian lands for the purposes of this
proposed rule. (Fee lands outside the reservation owned by individual
Indians are not included within the definition of Indian lands for the
purposes of this rule.)
In evaluating Indian lands for designation as critical habitat we
look to section 4(b)(2) of the ESA. Section 4(b)(2) requires us to base
critical habitat designations on the best scientific and commercial
data available, after taking into consideration the economic impact,
the impact on national security and any other relevant impact of
specifying any particular area as critical habitat. The Secretary may
exclude areas from a critical habitat designation when the benefits of
exclusion outweigh the benefits of designation, provided the exclusion
will not result in the extinction of the species. We find that a
relevant impact for consideration is the degree to which the Federal
designation of Indian lands would impact the longstanding unique
[[Page 71924]]
relationship between the tribes and the Federal Government and the
corresponding effect on Pacific salmon protection and management (See
Other Relevant Impacts and Critical Habitat Designation sections). This
is consistent with recent case law addressing the designation of
critical habitat on tribal lands. ``It is certainly reasonable to
consider a positive working relationship relevant, particularly when
the relationship results in the implementation of beneficial natural
resource programs, including species preservation.'' Center for
Biological Diversity et al. v. Norton, 240 F. Supp. 2d 1090, 1105);
Douglas County v. Babbitt, 48 F3d 1495, 1507 (1995) (defining
``relevant'' as impacts consistent with the purposes of the ESA).
NMFS and many tribal governments in California currently have
cooperative working relationships that have enabled us to implement
natural resource programs of mutual interest for the benefit of
threatened and endangered salmonids. Some tribes have existing natural
resource programs that assist us on a regular basis in providing
information relevant to salmonid protection throughout the region. Our
consultation with the tribes and the BIA indicates that they view the
designation of Indian lands as an unwanted intrusion into tribal self-
governance, compromising the government-to-government relationship that
is essential to achieving our mutual goal of conserving threatened and
endangered salmonids.
At this time, for the general reasons described above, we
anticipate that the ESA 4(b)(2) analysis will lead us to exclude all
Indian lands with occupied habitat in our final designation for these
seven ESUs of salmon and O. mykiss. Consistent with other proposed
exclusions, any exclusion in the final rule will be made only after
consideration of all comments received.
References Cited
A complete list of all references cited in this rulemaking can be
found on our Web site at http://swr.nmfs.noaa.gov and is available upon
request from the NMFS office in Long Beach, California (see ADDRESSES
section).
List of Subjects in 50 CFR Part 226
Endangered and threatened species.
Dated: November 29, 2004.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, we propose to amend part
226, title 50 of the Code of Regulations as set forth below:
PART 226--[AMENDED]
1. The authority citation of part 226 continues to read as follows:
Authority: 16 U.S.C. 1533.
2. Add Sec. 226.211 to read as follows:
Sec. 226.211 Critical habitat for seven Evolutionarily Significant
Units (ESUs) of salmon (Oncorhynchus spp.) in California.
Critical habitat is designated in the following counties for the
following ESUs as described in paragraph (a) of this section, and as
further described in paragraphs (b) through (e) of this section. The
textual descriptions of critical habitat for each ESU are included in
paragraphs (f) through (l) of this section, and these descriptions are
the definitive source for determining the critical habitat boundaries.
General location maps are provided at the end of each ESU description
(paragraphs (f) through (l) of this section) and are provided for
general guidance purposes only, and not as a definitive source for
determining critical habitat boundaries.
(a) Critical habitat is designated for the following ESUs in the
following counties:
------------------------------------------------------------------------
ESU State--Counties
------------------------------------------------------------------------
(1) California Coastal Chinook......... CA--Humboldt, Trinity,
Mendocino, Sonoma, Lake, Napa,
Glenn, Colusa, and Tehama.
(2) Northern California O. mykiss...... CA--Humboldt, Trinity,
Mendocino, Sonoma, Lake,
Glenn, Colusa, and Tehama.
(3) Central California Coast O. mykiss. CA--Lake, Mendocino, Sonoma,
Napa, Marin, San Francisco,
San Mateo, Santa Clara, Santa
Cruz, Alameda, Contra Costa,
and San Joaquin.
(4) South-Central Coast O. mykiss...... CA--Monterey, San Benito, Santa
Clara, Santa Cruz, San Luis
Obispo.
(5) Southern California O. mykiss...... CA--San Luis Obispo, Santa
Barbara, Ventura, Los Angeles,
Orange and San Diego.
(6) Central Valley spring-run Chinook.. CA--Tehama, Butte, Glenn,
Shasta, Yolo, Sacramento,
Solano, Colusa, Yuba, Sutter,
Trinity, Alameda, San Joaquin,
and Contra Costa.
(7) Central Valley O. mykiss........... CA--Tehama, Butte, Glenn,
Shasta, Yolo, Sacramento,
Solona, Yuba, Sutter, Placer,
Calaveras, San Joaquin,
Stanislaus, Tuolumne, Merced,
Alameda, Contra Costa.
------------------------------------------------------------------------
(b) Critical habitat boundaries. Critical habitat includes the
stream channels within the proposed stream reaches, and includes a
lateral extent as defined by the ordinary high-water line (33 CFR
329.11). In areas for which the ordinary high-water line has not been
defined pursuant to 33 CFR 329.11, the lateral extent will be defined
by the bankfull elevation. Bankfull elevation is the level at which
water begins to leave the channel and move into the floodplain and is
reached at a discharge which generally has a recurrence interval of 1
to 2 years on the annual flood series. Critical habitat in estuaries
(e.g. San Francisco-San Pablo-Suisun Bay, Humboldt Bay, and Morro Bay)
is defined by the perimeter of the water body as displayed on standard
1:24,000 scale topographic maps or the elevation of extreme high water,
whichever is greater.
(c) Primary constituent elements. Within these areas, the primary
constituent elements essential for the conservation of these ESUs are
those sites and habitat components that support one or more life
stages, including:
(1) Freshwater spawning sites with water quantity and quality
conditions and substrate supporting spawning, incubation and larval
development;
(2) Freshwater rearing sites with:
(i) Water quantity and floodplain connectivity to form and maintain
physical habitat conditions and support juvenile growth and mobility;
(ii) Water quality and forage supporting juvenile development; and
(iii) Natural cover such as shade, submerged and overhanging large
wood, log jams and beaver dams, aquatic
[[Page 71925]]
vegetation, large rocks and boulders, side channels, and undercut
banks.
(3) Freshwater migration corridors free of obstruction and
excessive predation with water quantity and quality conditions and
natural cover such as submerged and overhanging large wood, aquatic
vegetation, large rocks and boulders, side channels, and undercut banks
supporting juvenile and adult mobility and survival.
(4) Estuarine areas free of obstruction and excessive predation
with:
(i) Water quality, water quantity, and salinity conditions
supporting juvenile and adult physiological transitions between fresh-
and saltwater;
(ii) Natural cover such as submerged and overhanging large wood,
aquatic vegetation, large rocks and boulders, side channels; and
(iii) Juvenile and adult forage, including aquatic invertebrates
and fishes, supporting growth and maturation.
(d) Exclusion of Indian lands. Critical habitat does not include
occupied habitat areas on Indian lands. The Indian lands specifically
excluded from critical habitat are those defined in the Secretarial
Order, including:
(1) Lands held in trust by the United States for the benefit of any
Indian tribe;
(2) Land held in trust by the United States for any Indian Tribe or
individual subject to restrictions by the United States against
alienation;
(3) Fee lands, either within or outside the reservation boundaries,
owned by the tribal government; and
(4) Fee lands within the reservation boundaries owned by individual
Indians.
(e) Land owned or controlled by the Department of Defense.
Additionally, critical habitat does not include the following areas
owned or controlled by the Department of Defense, or designated for its
use, that are subject to an integrated natural resources management
plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a):
(1) Camp Pendleton Marine Corps Base;
(2) Vandenberg Air Force Base;
(3) Camp San Luis Obispo;
(4) Camp Roberts; and
(5) Mare Island Army Reserve Center.
(f) California Coastal Chinook Salmon (Oncorhynchus tshawytscha).
Critical habitat is proposed to include the areas defined in the
following units:
(1) Redwood Creek Hydrologic Unit 1107--(i) Orick Hydrologic Sub-
area 110710. Outlet(s) = Redwood Creek (Lat -41.2997, Long -124.0917)
upstream to endpoint(s) in: Boyes Creek (41.3639, -123.9845); Bridge
Creek (41.137, -124.0012); Brown Creek (41.3986, -124.0012); Emerald
(Harry Weir) (41.2142, -123.9812); Godwood Creek (41.3889, -124.0312);
Larry Dam Creek (41.3359, -124.003); Little Lost Man Creek (41.2944, -
124.0014); Lost Man Creek (41.3133, -123.9854); May Creek (41.3547, -
123.999); McArthur Creek (41.2705, -124.041); North Fork Lost Man Creek
(41.3374, -123.9935); Prairie Creek (41.4239, -124.0367); Redwood Creek
(41.1367, -123.9309); Redwood Creek (41.2997, -124.0499); Tom McDonald
(41.1628, -124.0419).
(ii) Beaver Hydrologic Sub-area 110720. Outlet(s) = Redwood Creek
(Lat 41.1367, Long -123.9309) upstream to endpoint(s): Lacks Creek
(41.0334, -123.8124); Minor Creek (40.9706, -123.7899).
(iii) Lake Prairie Hydrologic Sub-area 110730. Outlet(s) = Redwood
Creek (Lat 40.9070, Long -123.8170) upstream to endpoint(s) in: Redwood
Creek (40.7432, -123.7206).
(2) Trinidad Hydrologic Unit 1108--(i) Big Lagoon Hydrologic Sub-
area 110810. Outlet(s) = Maple Creek (Lat 41.1555, Long -124.1380)
upstream to endpoint(s) in: North Fork Maple Creek (41.1294, -
124.0771); Maple Creek (41.1223, -124.0995).
(ii) Little River Hydrologic Sub-area 110820. Outlet(s) = Little
River (41.0277, -124.1112) upstream to endpoint(s) in: South Fork
Little River (40.9961, -124.0435); Little River (41.0463, -123.9818);
Railroad Creek (41.0474, -124.0453); Lower South Fork Little River
(41.003, -124.0081); Upper South Fork Little River (41.0163, -
123.9939).
(3) Mad River Hydrologic Unit 1109--(i) Blue Lake Hydrologic Sub-
area 110910. Outlet(s) = Mad River (Lat 40.9139, Long -124.0642)
upstream to endpoint(s) in: Lindsay Creek (40.983, -124.0326); Mill
Creek (40.9008, -124.0086); North Fork Mad River (40.8687, -123.9649);
Squaw Creek (40.9426, -124.0202); Warren Creek (40.8901, -124.0402).
(ii) North Fork Mad River 110920. Outlet(s) = North Fork Mad River
(Lat 40.8687, Long -123.9649) upstream to endpoint(s) in: Sullivan
Gulch (40.8557, -123.9487); North Fork Mad River (40.8837, -123.9436).
(iii) Butler Valley 110930. Outlet(s) = Mad River (Lat 40.8449,
Long -123.9807) upstream to endpoint(s) in: Black Creek (40.7547, -
123.9016); Black Dog Creek (40.8334, -123.9805); Canon Creek (40.8362,
-123.9028); Mad River (40.7007, -123.8642); Maple Creek (40.7928, -
123.8742).
(4) Eureka Plain Hydrologic Unit 1110--(i) Eureka Plain Hydrologic
Sub-area 111000. Outlet(s) = Mad River (Lat 40.9560, Long -124.1278);
Jacoby Creek (40.8435, -124.0815); Freshwater Creek (40.8088, -
124.1442); Elk River (40.7568, -124.1948); Salmon Creek (40.6868, -
124.2194) upstream to endpoint(s) in: Bridge Creek (40.6958, -
124.0795); Dunlap Gulch (40.7101, -124.1155); Elk River (40.7025, -
124.1522); Freshwater Creek (40.7389, -123.9944); Gannon Slough
(40.8628, -124.0818); Jacoby Creek (40.7944, -124.0093); Little
Freshwater Creek (40.7485, -124.0652); North Branch of the North Fork
Elk River (40.6878, -124.0131); North Fork Elk River (40.6756, -
124.0153); Ryan Creek (40.7835, -124.1198); Salmon Creek (40.6438, -
124.1319); South Branch of the North Fork Elk River (40.6691, -
124.0244); South Fork Elk River (40.6626, -124.061); South Fork
Freshwater Creek (40.7097, -124.0277).
(5) Eel River Hydrologic Unit 1111--(i) Ferndale Hydrologic Sub-
area 111111. Outlet(s) = Eel River (Lat 40.6282, Long -124.2838)
upstream to endpoint(s) in: Atwell Creek (40.472, -124.1449); Howe
Creek (40.4748, -124.1827); Price Creek (40.5028, -124.2035); Strongs
Creek (40.5986, -124.1222); Van Duzen River (40.5337, -124.1262).
(ii) Scotia Hydrologic Sub-area 111112. Outlet(s) = Eel River (Lat
40.4918, Long -124.0998) upstream to endpoint(s) in: Bear Creek
(40.391, -124.0156); Chadd Creek (40.3921, -123.9542); Jordan Creek
(40.4324, -124.0428); Monument Creek (40.4676, -124.1133).
(iii) Larabee Creek Hydrologic Sub-area 111113. Outlet(s) = Larabee
Creek (40.4090, Long -123.9334) upstream to endpoint(s) in: Carson
Creek (40.4189, -123.8881); Larabee Creek (40.3950, -123.8138).
(iv) Hydesville Hydrologic Sub-area 111121. Outlet(s) = Van Duzen
River (Lat 40.5337, Long -124.1262) upstream to endpoint(s) in:
Cummings Creek (40.5258, -123.9896); Hely Creek (40.5042, -123.9703);
Yager Creek (40.5383, -124.1121); Unnamed (40.5383, -124.1121).
(v) Yager Creek Hydrologic Sub-area 111123. Outlet(s) = Yager Creek
(Lat 40.5583, Long -124.0577) upstream to endpoint(s) in: Corner Creek
(40.6189, -123.9994); Fish Creek (40.6392, -124.0032); Lawrence Creek
(40.6394, -123.9935); Middle Fork Yager Creek (40.5799, -123.9015);
North Fork Yager Creek (40.6044, -123.9084); Owl Creek (40.5557, -
123.9362); Shaw Creek (40.6245, -123.9518); Yager Creek (40.5673, -
123.9403).
(vi) Weott Hydrologic Sub-area 111131. Outlet(s) = South Fork Eel
River (Lat 40.3500, Long -213.9305)
[[Page 71926]]
upstream to endpoint(s) in: Bridge Creek (40.2929, -123.8569); Bull
Creek (40.3148,-124.0343); Canoe Creek (40.2909, -123.922); Cow Creek
(40.3583, -123.9626); Cuneo Creek (40.3377, -124.0385); Elk Creek
(40.2837, -123.8365); Fish Creek (40.2316, -123.7915); Harper Creek
(40.354, -123.9895); Mill Creek (40.3509, -124.0236); Salmon Creek
(40.2214, -123.9059); South Fork Salmon River (40.1769, -123.8929);
Squaw Creek (40.3401, -123.9997); Tostin Creek (40.1722, -123.8796).
(vii) Benbow Hydrologic Sub-area 111132. Outlet(s) = South Fork Eel
River (Lat 40.1932, Long -123.7692) upstream to endpoint(s) in:
Anderson Creek (39.9337, -123.8933); Bear Pen Creek (39.9125, -
123.8108); Bear Wallow Creek (39.7296, -123.7172); Bond Creek (39.7856,
-123.6937); Butler Creek (39.7439, -123.692); China Creek (40.1035, -
123.9493); Connick Creek (40.0911, -123.8187); Cox Creek (40.0288, -
123.8542); Cummings Creek (39.8431, -123.5752); Dean Creek (40.1383, -
123.7625); Dinner Creek (40.0915, -123.937); East Branch South Fork Eel
River (39.9433, -123.6278); Elk Creek (39.7986, -123.5981); Fish Creek
(40.0565, -123.7768); Foster Creek (39.8455, -123.6185); Grapewine
Creek (39.7991, -123.5186); Hartsook Creek (40.012, -123.7888); Hollow
Tree Creek (39.7316, -123.6918); Huckleberry Creek (39.7315, -
123.7253); Indian Creek (39.9464, -123.8993); Jones Creek (39.9977, -
123.8378); Leggett Creek (40.1374, -123.8312); Little Sproul Creel
(40.0897, -123.8585); Low Gap Creek (39993, -123.767); McCoy Creek
(399598, -123.7542); Michael's Creek (397642, -123.7175); Miller Creek
(40.1215, -123.916); Moody Creek (399531, -123.8819); Mud Creek
(398232, -123.6107); Piercy Creek (399706, -123.8189); Pollock Creek
(40.0822, -123.9184); Rattlesnake Creek (397974, -123.5426); Redwood
Creek (397721, -123.7651); Redwood Creek (40.0974, -123.9104); Seely
Creek (40.1494, -123.8825); Somerville Creek (40.0896, -123.8913);
South Fork Redwood Creek (397663, -123.7579); Spoul Creek (40.0125, -
123.8585); Standley Creek (399479, -123.8083); Tom Long Creek (40.0315,
-123.6891); Twin Rocks Creek (398269, -123.5543); Warden Creek
(40.0625, -123.8546); West Fork Sproul Creek (40.0386, -123.9015);
Wildcat Creek (399049, -123.7739); Wilson Creek (39841, -123.6452);
Unnamed Tributary (40.1136, -123.9359); Unnamed Tributary (40.0538, -
123.8293).
(viii) Laytonville Hydrologic Sub-area 111133. Outlet(s) = South
Fork Eel River (Lat 39.7665, Long -123.6484) ) upstream to endpoint(s)
in: Bear Creek (39.6413, -123.5797); Cahto Creek (39.6624, -123.5453);
Dutch Charlie Creek (39.6892, -123.6818); Grub Creek (39.7777, -
123.5809); Jack of Hearts Creek (39.7244, -123.6802); Kenny Creek
(39.6733, -123.6082); Mud Creek (39.6561, -123.592); Redwood Creek
(39.6738, -123.6631); Rock Creek (39.6931, -123.6204); South Fork Eel
River (39.6271, -123.5389); Streeter Creek (39.7328, -123.5542); Ten
Mile Creek (39.6651, -123.451).
(ix) Sequoia Hydrologic Sub-area 111141. Outlet(s) = South Fork Eel
River (Lat 40.3558, Long -123.9194) upstream to endpoint(s) in: Brock
Creek (40.2411, -123.7248); Dobbyn Creek (40.2216, -123.6029); Hoover
Creek (40.2312, -123.5792); Line Gulch (40.1655, -123.4831); North Fork
Dobbyn Creek (40.2669, -123.5467); South Fork Dobbyn Creek (40.1723, -
123.5112); South Fork Eel River (40.35, -123.9305); Unnamed Tributary
(40.3137, -123.8333); Unnamed Tributary (40.2715, -123.549).
(x) Spy Rock Hydrologic Sub-area 111142. Outlet(s) = Eel River (Lat
40.1736, Long -123.6043) upstream to endpoint(s) in: Bell Springs Creek
(39.9399, -123.5144); Burger Creek (39.6943, -123.413); Chamise Creek
(40.0563, -123.5479); Jewett Creek (40.1195, -123.6027); Kekawaka Creek
(40.0686, -123.4087); North Fork Eel River (39.9567, -123.4375);
Woodman Creek (39.7639, -123.4338).
(xi) North Fork Eel River Hydrologic Sub-area 111150. Outlet(s) =
North Fork Eel River (Lat 39.9567, Long -123.4375) upstream to
endpoint(s) in: North Fork Eel River (39.9370, -123.3758).
(xii) Outlet Creek Hydrologic Sub-area 111161. Outlet(s) = Outlet
Creek (Lat 39.6263, Long -123.3453) upstream to endpoint(s) in:
Baechtel Creek (39.3688, -123.4028); Berry Creek (39.4272, -123.2951);
Bloody Run (39.5864, -123.3545); Broaddus Creek (39.3907, -123.4163);
Davis Creek (39.3701, -123.3007); Dutch Henry Creek (39.5788, -
123.4543); Haehl Creek (39.3795, -123.3393); Long Valley Creek
(39.6091, -123.4577); Outlet Creek (39.4526, -123.3338); Ryan Creek
(39.4803, -123.3642); Upp Creek (39.4276, -123.3578); Upp Creek
(39.4276, -123.3578); Willits Creek (39.4315, -123.3794).
(xiii) Tomki Creek Hydrologic Sub-area 111162. Outlet(s) = Eel
River (Lat 39.7138, Long -123.3531) upstream to endpoint(s) in: Cave
Creek (39.3925, -123.2318); Long Branch Creek (39.4074, -123.1897);
Middle Fork Eel River (39.7136, -123.353); Outlet Creek (39.6263, -
123.3453); Rocktree Creek (39.4533, -123.3079); Salmon Creek (39.4461,
-123.2104); Scott Creek (39.456, -123.2297); String Creek (39.4855, -
123.2891); Tomki Creek (39.549, -123.3613); Wheelbarrow Creek (39.5029,
-123.3287).
(xiv) Lake Pillsbury Hydrologic Sub-area 111163. Outlet(s) = Eel
River (Lat 39.3860, Long -123.1163) upstream to endpoint(s) in: Eel
River (39.4078, -122.958).
(xv) Round Valley Hydrologic Sub-area 111172. Outlet(s) = Mill
Creek (Lat 39.7398, Long -123.1431); Williams (39.8147, -123.1335)
upstream to endpoint(s) in: Mill Creek (39.8456, -123.2822); Murphy
Creek (39.8804, -123.1636); Poor Mans Creek (39.8179, -123.1833); Short
Creek (39.8645, -123.2242); Turner Creek (39.7238, -123.2191); Williams
Creek (39.8596, -123.1341).
(6) Cape Mendocino Hydrologic Unit 1112--(i) Capetown Hydrologic
Sub-area 111220. Outlet(s) = Bear River (Lat 40.4744, Long -124.3881)
upstream to endpoint(s) in: Bear River (40.3591, -124.0536); South Fork
Bear River (40.4271, -124.2873).
(ii) Mattole River Hydrologic Sub-area 111230. Outlet(s) = Mattole
River (Lat 40.2942, Long -124.3536) upstream to endpoint(s) in: Bear
Creek (40.1262, -124.0631); Blue Slide Creek (40.1286, -123.9579);
Bridge Creek (40.0503, -123.9885); Conklin Creek (40.3169, -124.229);
Dry Creek (40.2389, -124.0621); East Fork Honeydew Creek (40.1633, -
124.0916); East Fork of the North Fork Mattole River (40.3489, -
124.2244); Eubanks Creek (40.0893, -123.9743); Gilham Creek (40.2162, -
124.0309); Grindstone Creek (40.1875, -124.0041); Honeydew Creek
(40.1942, -124.1363); Mattole Canyon (40.1833, -123.9666); Mattole
River (39.9735, -123.9548); McGinnis Creek (40.3013, -124.2146); McKee
Creek (40.0674, -123.9608); Mill Creek (40.0169, -123.9656); North Fork
Mattole River (40.3729, -124.2461); North Fork Bear Creek (40.1422, -
124.0945); Oil Creek (40.3008, -124.1253); Rattlesnake Creek (40.2919,
-124.1051); South Fork Bear Creek (40.0334, -124.0232); Squaw Creek
(40.219, -124.1921); Thompson Creek (39.9969, -123.9638); Unnamed
(40.1522, -124.0989); Upper North Fork Mattole River (40.2907, -
124.1115); Westlund Creek (40.2333, -124.0336); Woods creek (40.2235, -
124.1574); Yew Creek (40.0019, -123.9743).
(7) Mendocino Coast Hydrologic Unit 1113--(i) Wages Creek
Hydrologic Sub-area 111312. Outlet(s) = Wages Creek (Lat 39.6513, Long
-123.7851)
[[Page 71927]]
upstream to endpoint(s) in: Wages Creek (39.6393, -123.7146).
(ii) Ten Mile River Hydrologic Sub-area 111313. Outlet(s) = Ten
Mile River (Lat 39.5529, Long -123.7658) upstream to endpoint(s) in:
Middle Fork Ten Mile River (39.5397, -123.5523); Little North Fork Ten
Mile River (39.6188, -123.7258); Ten Mile River (39.5721, -123.7098);
South Fork Ten Mile River (39.4927, -123.6067); North Fork Ten Mile
River (39.5804, -123.5735).
(iii) Noyo River Hydrologic Sub-area 111320. Outlet(s) = Noyo River
(Lat 39.4274, Long -123.8096) upstream to endpoint(s) in: North Fork
Noyo River (39.4541, -123.5331); Noyo River (39.431, -123.494); South
Fork Noyo River (39.3549, -123.6136).
(iv) Big River Hydrologic Sub-area 111330. Outlet(s) = Big River
(Lat 39.3030, Long -123.7957) upstream to endpoint(s) in: Big River
(39.3095, -123.4454).
(v) Albion River Hydrologic Sub-area 111340. Outlet(s) = Albion
River (Lat 39.2253, Long -123.7679) upstream to endpoint(s) in: Albion
River (39.2644, -123.6072); North Fork Albion River (39.2827, -
123.607).
(vi) Navarro River Hydrologic Sub-area 111350. Outlet(s) = Navarro
River (Lat 39.1921, Long -123.7611) upstream to endpoint(s) in: Navarro
River (39.0534); Rancheria Creek (38.9689, -123.4169).
(vii) Garcia River Hydrologic Sub-area 111370. Outlet(s) = Garcia
River (Lat 38.9455, Long -123.7257) upstream to endpoint(s) in: Garcia
River (38.9160, -123.4900).
(8) Russian River Hydrologic Unit 1114--(i) Guerneville Hydrologic
Sub-area 111411. Outlet(s) = Russian River (Lat 38.4507, Long -
123.1289) upstream to endpoint(s) in: Austin Creek (38.5099, -
123.0681); Mark West Creek (38.4961, -122.8489).
(ii) Austin Creek Hydrologic Sub-area 111412. Outlet(s) = Austin
Creek (Lat 38.5099, Long -123.0681) upstream to endpoint(s) in: Austin
Creek (38.5326, -123.0844).
(iii) Mark West Hydrologic Sub-area 111423. Outlet(s) = Mark West
Creek (Lat 38.4961, Long -122.8489) upstream to endpoint(s) in: Mark
West Creek (38.4526, -122.8347).
(iv) Warm Springs Hydrologic Sub-area 111424. Outlet(s) = Dry Creek
(Lat 38.5861, Long -122.8573) upstream to endpoint(s) in: Dry Creek
(38.7179, -123.0075).
(v) Geyserville Hydrologic Sub-area 111425. Outlet(s) = Russian
River (Lat 38.6132, Long -122.8321) upstream.
(vi) Ukiah Hydrologic Sub-area 111431. Outlet(s) = Russian River
(Lat 38.8828, Long -123.0557) upstream to endpoint(s) in: Feliz Creek
(38.9941, -123.1779).
(vii) Forsythe Creek Hydrologic Sub-area 111433. Outlet(s) =
Russian River (Lat 39.2257, Long -123.2012) upstream to endpoint(s) in:
Forsythe Creek (39.2780, -123.2608); Russian River (39.3599, -
123.2326).
(9) Maps of proposed critical habitat for the California Coast
chinook salmon ESU follow:
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BILLING CODE 3510-22-C
(g) Northern California O. mykiss (Oncorhynchus mykiss). Critical
habitat is proposed to include the areas defined in the following
units:
[[Page 71936]]
(1) Redwood Creek Hydrologic Unit 1107--(i) Orick Hydrologic Sub-
area 110710. Outlet(s) = Boat Creek (Lat 41.4059, Long --124.0675);
Home Creek (41.4027, -124.0683); Redwood Creek (41.2923, -124.0917);
Squashan Creek (41.389, -124.0703) upstream to endpoint(s) in: Boat
Creek (41.4110, -124.0583); Bond Creek (41.2326, -124.0262); Boyes
Creek (41.3701, -124.9891); Bridge Creek (41.1694, -123.9964); Brown
Creek (41.3986, -124.0012); Cloquet Creek (41.2456, -124.0116); Cole
Creek (41.2187, -124.0087); Copper Creek (41.1516, -123.9258); Dolason
Creek (41.1969, -123.9667); Elam Creek (41.2613, -124.0321); Emerald
Creek (41.2164, -123.9808); Forty Four Creek (41.2187, -124.0195); Gans
South Creek (41.2617, -124.0157); Godwood Creek (41.3787, -124.0354);
Hayes Creek (41.2889, -124.0295); Home Creek (41.3951, -124.0386);
Larry Dam Creek (41.3441, -123.9966); Little Lost Man Creek (41.3078, -
124.0084); Lost Man Creek (41.3187, -123.9892); May Creek (41.3521, -
124.0164); McArthur Creek (41.2702, -124.0427); Miller Creek (41.2290,
-124.0116); North Fork Lost Man Creek (41.3405, -123.9859); Oscar
Larson Creek (41.2559, -123.9943); Prairie Creek (41.4440, -124.0411);
Redwood Creek (41.1367, -123.9309); Skunk Cabbage Creek (41.3211, -
124.0802); Slide Creek (41.1736, -123.9450); Squashan Creek (41.3739, -
124.0440); Streelow Creek (41.3622, -124.0472); Tom McDonald Creek
(41.1933, -124.0164); Unnamed Tributary (41.3619, -123.9967); Unnamed
Tributary (41.3424, -124.0572).
(ii) Beaver Hydrologic Sub-area 110720. Outlet(s) = Redwood Creek
(Lat 41.1367, Long --123.9309) upstream to endpoint(s) in: Beaver Creek
(41.0208, -123.8608); Captain Creek (40.9199, -123.7944); Cashmere
Creek (41.0132, -123.8862); Coyote Creek (41.1249, -123.8796); Devils
Creek (41.1224, -123.9384); Garcia Creek (41.0180, -123.8923); Garrett
Creek (41.0904, -123.8712); Karen Court Creek (41.0368, -123.8953);
Lacks Creek (41.0306, -123.8096); Loin Creek (40.9465, -123.8454);
Lupton Creek (40.9058, -123.8286); Mill Creek (41.0045, -123.8525);
Minor Creek (40.9706, -123.7899); Molasses Creek (40.9986, -123.8490);
Moon Creek (40.9807, -123.8368); Panther Creek (41.0732, -123.9275);
Pilchuck Creek (41.9986, -123.8710); Roaring Gulch (41.0319, -
123.8674); Santa Fe Creek (40.9368, -123.8397); Sweathouse Creek
(40.9332, -123.8131); Toss-Up Creek (40.9845, -123.8656); Wiregrass
Creek (40.9652, -123.8553).
(iii) Lake Prairie Hydrologic Sub-area 110730. Outlet(s) = Redwood
Creek (Lat 40.9070, Long --123.8170) upstream to endpoint(s) in:
Bradford Creek (40.7812, -123.7215); Cut-Off Meander (40.8507, -
123.7729); Emmy Lou Creek (40.8655, -123.7771); Gunrack Creek (40.8391,
-123.7650); High Prairie Creek (40.8191, -123.7723); Jena Creek
(40.8742, -123.8065); Lake Prairie Creek (40.7984, -123.7558); Lupton
Creek (40.9069, -123.8172); Minon Creek (40.8140, -123.7372); Noisy
Creek (40.8613, -123.8044); Pardee Creek (40.7779, -123.7416); Redwood
Creek (40.7432, -123.7206); Simion Creek (40.8241, -123.7560); Six
Rivers Creek (40.8352, -123.7842); Smokehouse Creek (40.7405, -
123.7278); Snowcamp Creek (40.7415, -123.7296); Squirrel Trail Creek
(40.8692, -123.7844); Twin Lakes Creek (40.7369, -123.7214); Panther
Creek (40.8019, -123.7094); Windy Creek (40.8866, -123.7956).
(2) Trinidad Hydrologic Unit 1108--(i) Big Lagoon Hydrologic Sub-
area 110810. Outlet(s) = Maple Creek (Lat 41.1555, Long --124.1380);
McDonald Creek (41.2521, -124.0919) upstream to endpoint(s) in: Beach
Creek (41.0716, -124.0239); Clear Creek (41.1031, -124.0030); Diamond
Creek (41.1571, -124.0926); Maple Creek (41.0836, -123.9790); McDonald
Creek (41.1850, -124.0773); M-Line Creek (41.0752, -124.0787); North
Fork McDonald Creek (41.2107, -124.0664); North Fork of Maple Creek
(41.1254, -124.0539); Pitcher Creek (41.1521, -124.0897); South Fork
Maple Creek (41.1003, -124.1119); Tom Creek (41.1773, -124.0966);
Unnamed Tributary (41.1004, -124.0155); Unnamed Tributary (41.0780, -
124.0676); Unnamed Tributary (41.1168, -124.0886); Unnamed Tributary
(41.0851, -124.0966); Unnamed Tributary (41.1132, -124.0827); Unnamed
Tributary (41.0749, -124.0889); Unnamed Tributary (41.1052, -124.0675);
Unnamed Tributary (41.0714, -124.0611); Unnamed Tributary (41.0948, -
124.0016).
(ii) Little River Hydrologic Sub-area 110820. Outlet(s) = Little
River (Lat 41.0277, Long --124.1112) upstream to endpoint(s) in: South
Fork Little River (40.9899, -124.0394); Freeman Creek (41.0283, -
124.0585); Little River (41.0530, -123.9689); Lower South Fork Little
River (40.9893, -124.0007); Railroad Creek (41.0468, -124.0466);
Strawberry Creek (40.9963, -124.1155); Unnamed Tributary (41.0356, -
123.9958); Unnamed Tributary (41.0407, -124.0598); Unnamed Tributary
(41.0068, -123.9830); Unnamed Tributary (41.0365, -124.0361); Unnamed
Tributary (41.0444, -124.0194); Unnamed Tributary (41.0431, -124.0125);
Upper South Fork Little River (41.0131, -123.9852).
(3) Mad River Hydrologic Unit 1109--(i) Blue Lake Hydrologic Sub-
area 110910. Outlet(s) = Mad River (Lat 40.9139, Long --124.0642);
Strawberry Creek (40.9964, -124.1155); Widow White Creek (40.9635, -
124.1253) upstream to endpoint(s) in: Boundary Creek (40.8395, -
123.9920); Grassy Creek (40.9314, -124.0188); Hall Creek (40.9162, -
124.0141); Kelly Creek (40.8656, -124.0260); Leggit Creek (40.8808, -
124.0269); Lindsay Creek (40.9838, -124.0283); Mather Creek (40.9796, -
124.0526); Mill Creek (40.9296, -124.1037); Mill Creek (40.8521, -
123.9617); North Fork Mad River (40.8687, -123.9649); Norton Creek
(40.9572, -124.1003); Palmer Creek (40.8633, -124.0193); Puter Creek
(40.8474, -123.9966); Quarry Creek (40.8526, -124.0098); Squaw Creek
(40.9426, -124.0202); Strawberry Creek (40.9761, -124.0630); Unnamed
Tributary (40.9624, -124.0179); Unnamed Tribitary (40.9713, -124.0477);
Unnamed Tributary (40.9549, -124.0554); Unnamed Tributary (40.9672, -
124.0218); Warren Creek (40.8860, -124.0351); Widow White Creek
(40.9522, -124.0784).
(ii) North Fork Mad River Hydrologic Sub-area 110920. Outlet(s) =
North Fork Mad River (Lat 40.8687, Long -123.9649) upstream to
endpoint(s) in: Bald Mountain Creek (40.8922, -123.9097); Denman Creek
(40.9293, -123.9429); East Fork North Fork (40.9702, -123.9449);
Gosinta Creek (40.9169, -123.9420); Hutchery Creek (40.8712, -
123.9450); Jackson Creek (40.9388, -123.9462); Krueger Creek (40.9505,
-123.9611); Long Prairie Creek (40.9235, -123.8945); Mule Creek
(40.9416, -123.9309); North Fork Mad River (40.9918, -123.9610); Pine
Creek (40.9299, -123.9114); Pollock Creek (40.9081, -123.9071);
Sullivan Gulch (40.8512, -123.9401); Tyson Creek (40.9559, -123.9738);
Unnamed Tributary (40.9879, -123.9511); Unnamed Tributary (40.9906, -
123.9540); Unnamed Tributary (40.9294, -123.8842); Unnamed Tributary
(40.9866, -123.9788); Unnamed Tributary (40.9927, -123.9736).
(iii) Butler Valley Hydrologic Sub-area 110930. Outlet(s) = Mad
River (Lat 40.8449, Long -123.9807) upstream to endpoint(s) in: Bear
Creek (40.5468, -123.6728); Black Creek (40.7521,
[[Page 71937]]
-123.9080); Black Dog Creek (40.8334, -123.9805); Blue Slide Creek
(40.7333, -123.9225); Boulder Creek (40.7634, -123.8667); Bug Creek
(40.6587, -123.7356); Cannon Creek (40.8535, -123.8850); Coyote Creek
(40.6147, -123.6488); Devil Creek (40.8032, -123.9175); Dry Creek
(40.8218, -123.9751); East Creek (40.5403, -123.5579); Maple Creek
(40.7933, -123.8353); Pilot Creek (40.5950, -123.5888); Simpson Creek
(40.8138, -123.9156); Unnamed Tributary (40.7306, -123.9019); Unnamed
Tributary (40.7739, -123.9255); Unnamed Tributary (40.7744, -123.9137);
Unnamed Tributary (40.8029, -123.8716); Unnamed Tributary (40.8038, -
123.8691); Unnamed Tributary (40.8363, -123.8973).
(4) Eureka Plain Hydrologic Unit 1110--(i) Eureka Plain Hydrologic
Sub-area 111000. Outlet(s) = Elk River (Lat 40.7568, Long -124.1948);
Freshwater Creek (40.8088, -124.1442); Jacoby Creek (40.8436, -
124.0834); Mad River (40.9560, -124.1278); Rocky Gulch (40.8309, -
124.0813); Salmon Creek (40.6868, -124.2194); Washington Gulch
(40.8317, -124.0805) upstream to endpoint(s) in: Bridge Creek (40.6958,
-124.0805); Browns Gulch (40.7038, -124.1074); Clapp Gulch (40.6967, -
124.1684); Cloney Gulch (40.7826, -124.0347); Doe Creek (40.6964, -
124.0201); Dunlap Gulch (40.7076, -124.1182); Falls Gulch (40.7655, -
124.0261); Fay Slough (40.8033, -124.0574); Freshwater Creek (40.7385,
-124.0035); Golf Course Creek (40.8406, -124.0402); Graham Gulch
(40.7540, -124.0228); Guptil Gulch (40.7530, -124.1202); Henderson
Gulch (40.7357, -124.1394); Jacoby Creek (40.7951, -124.0087); Lake
Creek (40.6848, -124.0831); Line Creek (40.6578, -124.0460); Little
Freshwater Creek (40.7371, -124.0649); Little North Fork Elk River
(40.6972, -124.0100); Little South Fork Elk River (40.6555, -124.0877);
Martin Slough (40.7679, -124.1578); McCready Gulch (40.7824, -
124.0441); McWinney Creek (40.6968, -124.0616); Morrison Gulch
(40.8105, -124.0437); North Branch of the North Fork Elk River
(40.6879, -124.0130); North Fork Elk River (40.6794-123.9834); Railroad
Gulch (40.6955, -124.1545); Rocky Gulch (40.8079, -124.0528); Ryan
Creek (40.7352, -124.0996); Salmon Creek (40.6438, -124.1318); South
Branch of the North Fork Elk River (40.6700, -124.0251); South Fork
Freshwater Creek (40.7110, -124.0367); South Fork Elk River (40.6437, -
124.0388); Swain Slough (40.7524, -124.1825); Tom Gulch (40.6794, -
124.1452); Unnamed Tributary (40.7850, -124.0561); Unnamed Tributary
(40.7496, -124.1651); Unnamed Tributary (40.7785,--124.1081); Unnamed
Tributary (40.7667, -124.1054); Unnamed Tributary (40.7559, -124.0870);
Unnamed Tributary (40.7952, -124.0568); Unnamed Tributary (40.7408, -
124.1118); Unnamed Tributary (40.7186, -124.1385); Unnamed Tributary
(40.7224, -124.1038); Unnamed Tributary (40.8194, -124.0305); Unnamed
Tributary (40.8106, -124.0083); Unnamed Tributary (40.7585, -124.1456);
Unnamed Tributary (40.7457, -124.1138); Unnamed Tributary (40.8085, -
124.0713); Unnamed Tributary (40.6634, -124.1193); Unnamed Tributary
(40.7576, -124.1576); Washington Gulch (40.8116, -124.0491).
(5) Eel River Hydrologic Unit 1111--(i) Ferndale Hydrologic Sub-
area 111111. Outlet(s) = Eel River (Lat 40.6275, Long -124.2520)
upstream to endpoint(s) in: Atwell Creek (40.4824, -124.1498); Dean
Creek (40.4847, -124.1217); Horse Creek (40.5198, -124.1702); House
Creek (40.4654, -124.1916); Howe Creek (40.4956, -124.1690); Nanning
Creek (40.4914, -124.0652); North Fork Strongs Creek (40.6077, -
124.1047); Price Creek (40.5101, -124.2731); Rohner Creek (40.6151, -
124.1408); Strongs Creek (40.5999, -124.0985); Sweet Creek (40.4900, -
124.2007); Van Duzen River (40.5337, -124.1262).
(ii) Scotia Hydrologic Sub-area 111112. Outlet(s) = Eel River (Lat
40.4918, Long -124.0988) upstream to endpoint(s) in: Bear Creek
(40.3942, -124.0262); Bridge Creek (40.4278, -123.9317); Chadd Creek
(40.3919, -123.9540); Darnell Creek (40.4533, -123.9808); Dinner Creek
(40.4406, -124.0855); Greenlaw Creek (40.4315, -124.0231); Jordan Creek
(40.4171, -124.0517); Kiler Creek (40.4465, -124.0952); Larabee Creek
(40.4089, -123.9331); Monument Creek (40.4371, -124.1165); Shively
Creek (40.4454, -123.9539); South Fork Bear Creek (40.3856, -124.0182);
South Fork Eel River (40.3558, -123.9194); Stitz Creek (40.4649, -
124.0531); Twin Creek (40.4419, -124.0714); Unnamed Tributary (40.3933,
-123.9984); Weber Creek (40.3767, -123.9094).
(iii) Larabee Creek Hydrologic Sub-area 111113. Outlet(s) = Larabee
Creek (Lat 40.4089, Long -123.9331) upstream to endpoint(s) in: Arnold
Creek (40.4006, -123.8583); Balcom Creek (40.4030, -123.8986); Bosworth
Creek (40.3584, -123.7089); Boulder Flat Creek (40.3530, -123.6381);
Burr Creek (40.4250, -123.7767); Carson Creek (40.4181, -123.8879);
Chris Creek (40.4146, -123.9235); Cooper Creek (40.3123, -123.6463);
Dauphiny Creek (40.4049, -123.8893); Frost Creek (40.3765, -123.7357);
Hayfield Creek (40.3350, -123.6535); Knack Creek (40.3788, -123.7385);
Larabee Creek (40.2807, -123.6445); Martin Creek (40.3730, -123.7060);
Maxwell Creek (40.3959, -123.8049); McMahon Creek (40.3269, -123.6363);
Mill Creek (40.3849, -123.7440); Mountain Creek (40.2955, -123.6378);
Scott Creek (40.4020, -123.8738); Smith Creek (40.4194, -123.8568);
Thurman Creek (40.3506, -123.6669); Unnamed Tributary (40.3842, -
123.8062); Unnamed Tributary (40.3982, -123.7862); Unnamed Tributary
(40.3806, -123.7564); Unnamed Tributary (40.3661, -123.7398); Unnamed
Tributary (40.3524, -123.7330).
(iv) Hydesville Hydrologic Sub-area 111121. Outlet(s) = Van Duzen
River (Lat 40.5337, Long -124.1262) upstream to endpoint(s) in:
Cuddeback Creek (40.5421, -124.0263); Cummings Creek (40.5282, -
123.9770); Fiedler Creek (40.5351, -124.0106); Hely Creek (40.5165, -
123.9531); Yager Creek (40.5583, -124.0577); Unnamed Tributary
(40.5718, -124.0946); Unnamed Tributary (40.4915, -124.0000).
(v) Bridgeville Hydrologic Sub-area 111122. Outlet(s) = Van Duzen
River (Lat 40.4942, Long -123.9720) upstream to endpoint(s) in: Bear
Creek (40.3455, -123.5763); Blanket Creek (40.3635, -123.5710); Browns
Creek (40.4958, -123.8103); Butte Creek (40.4119, -123.7047); Dairy
Creek (40.4174, -123.5981); Fish Creek (40.4525, -123.8434); Grizzly
Creek (40.5193, -123.8470); Little Larabee Creek (40.4708, -123.7395);
Little Van Duzen River (40.3021, -123.5540); North Fork Van Duzen
(40.4881, -123.6411); Panther Creek (40.3921, -123.5866); Root Creek
(40.4490, -123.9018); Stevens Creek (40.5062, -123.9073); Thompson
Creek (40.4222, -123.6084); Van Duzen River (40.4820, -123.6629);
Unnamed Tributary (40.4932, -123.9120); Unnamed Tributary (40.4724, -
123.8836); Unnamed Tributary (40.4850, -123.8468); Unnamed Tributary
(40.3994, -123.6821); Unnamed Tributary (40.3074, -123.5834).
(vi) Yager Creek Hydrologic Sub-area 111123. Outlet(s) = Yager
Creek (Lat 40.5583, Long -124.0577) upstream to endpoint(s) in: Bell
Creek (40.6809, -123.9685); Blanten Creek (40.5839, -124.0165); Booths
Run (40.6584,
[[Page 71938]]
-123.9428); Corner Creek (40.6179, -124.0010); Fish Creek (40.6390, -
124.0024); Yager Creek (40.5673, -123.9403); Lawrence Creek (40.6986, -
123.9314); Middle Fork Yager Creek (40.5782, -123.9243); North Fork
Yager Creek (40.6056, -123.9080); Shaw Creek (40.6231, -123.9509);
South Fork Yager Creek (40.5451, -123.9409); Unnamed Tributary
(40.5892, -123.9663); Unnamed Tributary (40.5891, -124.0608).
(vii) Weott Hydrologic Sub-area 111131. Outlet(s) = South Fork Eel
River (Lat 40.3500, Long --123.9305) upstream to endpoint(s) in: Albee
Creek (40.3592, -124.0088); Bridge Creek (40.2960, -123.8561); Bull
Creek (40.3587, -123.9624); Burns Creek (40.3194, -124.0420); Butte
Creek (40.1982, -123.8387); Canoe Creek (40.2669, -123.9556); Coon
Creek (40.2702, -123.9013); Cow Creek (40.2664, -123.9838); Cuneo Creek
(40.3401, -124.0494); Decker Creek (40.3312, -123.9501); Elk Creek
(40.2609, -123.7957); Fish Creek (40.2459, -123.7729); Harper Creek
(40.3591, -123.9930); Mill Creek (40.3568, -124.0333); Mowry Creek
(40.2937, -123.8895); North Fork Cuneo Creek (40.3443, -124.0488);
Ohman Creek (40.1924, -123.7648); Panther Creek (40.2775, -124.0289);
Preacher Gulch (40.2944, -124.0047); Salmon Creek (40.2145, -123.8926);
Slide Creek (40.3011, -124.0390); South Fork Salmon Creek (40.1769, -
123.8929); Squaw Creek (40.3167, -123.9988); Unnamed Tributary
(40.3065, -124.0074); Unnamed Tributary (40.2831, -124.0359).
(viii) Benbow Hydrologic Sub-area 111132. Outlet(s) = South Fork
Eel River (Lat 40.1932, Long -123.7692) upstream to endpoint(s) in:
Anderson Creek (39.9325, -123.8928); Bear Creek (39.7885, -123.7620);
Bear Pen Creek (39.9201, -123.7986); Bear Wallow Creek (39.7270, -
123.7140); Big Dan Creek (39.8430, -123.6992); Bond Creek (39.7778, -
123.7060); Bridges Creek (39.9087, -123.7142); Buck Mountain Creek
(40.0944, -123.7423); Butler Creek (39.7423, -123.6987); Cedar Creek
(39.8834, -123.6216); China Creek (40.1035, -123.9493); Connick Creek
(40.0912, -123.8154); Couborn Creek (39.9820, -123.8973); Cox Creek
(40.0310, -123.8398); Cruso Cabin Creek (39.9281, -123.5842); Dean
Creek (40.1342, -123.7363); Durphy Creek (40.0205, -123.8271); East
Branch South Fork Eel River (39.9359, -123.6204); Elkhorn Creek
(39.9272, -123.6279); Fish Creek (40.0390, -123.7630); Hartsook Creek
(40.0081, -123.8113); Hollow Tree Creek (39.7250, -123.6924);
Huckleberry Creek (39.7292, -123.7275); Indian Creek (39.9470, -
123.9008); Islam John Creek (39.8062, -123.7363); Jones Creek (39.9958,
-123.8374); Leggett Creek (40.1470, -123.8375); Little Sproul Creek
(40.0890, -123.8577); Lost Man Creek (39.7983, -123.7287); Low Gap
Creek (39.8029, -123.6803); Low Gap Creek (39.9933, -123.7601); McCoy
Creek (39.9572, -123.7369); Michael's Creek (39.7665, -123.7035);
Middle Creek (39.8052, -123.7691); Milk Ranch Creek (40.0102, -
123.7514); Mill Creek (39.8673, -123.7605); Miller Creek (40.1319, -
123.9302); Mitchell Creek (39.7350, -123.6862); Moody Creek (39.9471, -
123.8827); Mule Creek (39.8169, -123.7745); North Fork Cedar Creek
(39.8864, -123.6363); North Fork McCoy Creek (39.9723, -123.7496);
North Fork Standley Creek (39.9442, -123.8330); Ohman Creek (40.1929, -
123.7687); Piercy Creek (39.9597, -123.8442); Pollock Creek (40.0802, -
123.9341); Rattlesnake Creek (39.7912, -123.5428); Red Mountain Creek
(39.9363, -123.7203); Redwood Creek (39.7723, -123.7648); Redwood Creek
(40.0974, -123.9104); Rock Creek (39.8962, -123.7065); Sebbas Creek
(39.9934, -123.8903); Somerville Creek (40.1006, -123.8884); South Fork
Mule Creek (39.8174, -123.7788); South Fork Redwood Creek (39.7662, -
123.7579); Sproul Creek (40.0226, -123.8649); Squaw Creek (40.0760, -
123.7257); Standly Creek (39.9327, -123.8309); Tom Long Creek (40.0175,
-123.6551); Waldron Creek (39.7469, -123.7465); Walter's Creek
(39.7921, -123.7250); Warden Creek (40.0629, -123.8551); West Fork
Sproul Creek (40.0587, -123.9170); Wildcat Creek (39.8956, -123.7820);
Wilson Creek (39.8362, -123.6345); Unnamed tributary (39.9927, -
123.8807).
(ix) Laytonville Hydrologic Sub-area 111133. Outlet(s) = South Fork
Eel River (Lat 39.7665, Long -123.6484) upstream to endpoint(s) in:
Bear Creek (39.6446, -123.5766); Big Rick Creek (39.7117, -123.5512);
Cahto Creek (39.6527, -123.5579); Dark Canyon Creek (39.7333, -
123.6614); Dutch Charlie Creek (39.6843, -123.7023); Elder Creek
(39.7234, -123.6192); Fox Creek (39.7441, -123.6142); Grub Creek
(39.7777, -123.5809); Jack of Hearts Creek (39.7136, -123.6896); Kenny
Creek (39.6838, -123.5929); Little Case Creek (39.6892, -123.5441);
Mill Creek (39.6839, -123.5118); Mud Creek (39.6713, -123.5741); Mud
Springs Creek (39.6929, -123.5629); Redwood Creek (39.6545, -123.6753);
Rock Creek (39.6922, -123.6090); Section Four Creek (39.6137, -
123.5297); South Fork Eel River (39.6242, -123.5468); Streeter Creek
(39.7340, -123.5606); Ten Mile Creek (39.6652, -123.4486); Unnamed
Tributary (39.7004, -123.5678).
(x) Sequoia Hydrologic Sub-area 111141. Outlet(s) = Eel River (Lat
40.3557, Long -123.9191) upstream to endpoint(s) in: Beatty Creek
(40.3198, -123.7500); Brock Creek (40.2410, -123.7246); Cameron Creek
(40.3313, -123.7707); Kapple Creek (40.3531, -123.8585); Dobbyn Creek
(40.2216, -123.6029); Mud Creek (40.2078, -123.5143); North Fork Dobbyn
Creek (40.2669, -123.5467); Sonoma Creek (40.2974, -123.7953); South
Fork Dobbyn Creek (40.1723, -123.5112); Line Gulch Creek (40.1640, -
123.4783); South Fork Eel River (40.3500, -123.9305); South Fork
Thompson Creek (40.3447, -123.8334); Thompson Creek (40.3552, -
123.8417); Unnamed Tributary (40.2745, -123.5487).
(xi) Spy Rock Hydrologic Sub-area 111142. Outlet(s) = Eel River
(Lat 40.1736, Long -123.6043) upstream to endpoint(s) in: Bear Pen
Canyon (39.6943, -123.4359); Bell Springs Creek (39.9457, -123.5313);
Blue Rock Creek (39.8937, -123.5018); Burger Creek (39.6693, -
123.4034); Chamise Creek (40.0035, -123.5945); Gill Creek (39.7879, -
123.3465); Iron Creek (39.7993, -123.4747); Jewett Creek (40.1122, -
123.6171); Kekawaka Creek (40.0686, -123.4087); Rock Creek (39.9347, -
123.5187); Shell Rock Creek (39.8414, -123.4614); Unnamed Tributary
(39.7579, -123.4709); White Rock Creek (39.7646, -123.4684); Woodman
Creek (39.7612, -123.4364).
(xii) Outlet Creek Hydrologic Sub-area 111161. Outlet(s) = Outlet
Creek (Lat 39.4248, Long -123.3453) upstream to endpoint(s) in:
Baechtel Creek (39.3623, -123.4143); Berry Creek (39.4271, -123.2777);
Bloody Run Creek (39.5864, -123.3545); Broaddus Creek (39.3869, -
123.4282); Cherry Creek (39.6043, -123.4073); Conklin Creek (39.3756, -
123.2570); Davis Creek (39.3354, -123.2945); Haehl Creek (39.3735, -
123.3172); Long Valley Creek (39.6246, -123.4651); Mill Creek (39.4196,
-123.3919); Outlet Creek (39.4526, -123.3338); Ryan Creek (39.4804, -
123.3644); Unnamed Tributary (39.4956, -123.3591); Unnamed Tributary
(39.4322, -123.3848); Unnamed Tributary (39.5793, -123.4546); Unnamed
Tributary (39.3703, -123.3419); Upp Creek (39.4479, -123.3825); Willts
Creek (39.4445, -123.3898).
(xiii) Tomki Creek Hydrologic Sub-area 111162. Outlet(s) = Eel
River (Lat 39.7138, Long -123.3532) upstream to endpoint(s) in: Cave
Creek (39.3842, -123.2148); Dean Creek (39.6924, -123.3727); Garcia
Creek (39.5153, -123.1512); Little Cave Creek (39.3915,
[[Page 71939]]
-123.2462); Little Creek (39.4146, -123.2595); Long Branch Creek
(39.4074, -123.1897); Outlet Creek (39.6263, -123.3453); Rocktree Creek
(39.4534, -123.3053); Salmon Creek (39.4367, -123.1939); Scott Creek
(39.4492, -123.2286); String Creek (39.4658, -123.3206); Tarter Creek
(39.4715, -123.2976); Thomas Creek (39.4768, -123.1230); Tomki Creek
(39.5483, -123.3687); Unnamed Tributary (39.5064, -123.3574); Whitney
Creek (39.4399, -123.1084); Wheelbarrow Creek (39.4851, -123.3391).
(xiv) Eden Valley Hydrologic Sub-area 111171. Outlet(s) = Middle
Fork Eel River (Lat 39.7136, Long -123.3530) upstream to endpoint(s)
in: Black Butte River (39.8238, -123.0877); Crocker Creek (39.5559, -
123.0409); Eden Creek (39.5992, -123.1746); Elk Creek (39.5371, -
123.0101); Hayshed Creek (39.7082, -123.0967); Mill Creek (39.7398, -
123.1431); Salt Creek (39.6765, -123.2740); Sportsmans Creek (39.5373,
-123.0247); Sulper Springs (39.5536, -123.0365); Thatcher Creek
(39.6686, -123.0639); Williams Creek (39.8147, -123.1335).
(xv) Round Valley Hydrologic Sub-area 111172. Outlet(s) = Mill
Creek (Lat 39.7398, Long -123.1431); Williams Creek (39.8147, -
123.1335) upstream to endpoint(s) in: Cold Creek (39.8714, -123.2991);
Grist Creek (39.7640, -123.2883); Mill Creek (39.8481, -123.2896);
Murphy Creek (39.8885, -123.1612); Short Creek (39.8703, -123.2352);
Town Creek (39.7991, -123.2889); Turner Creek (39.7218, -123.2175);
Williams Creek (39.8903, -123.1212); Unnamed Tributary (39.7428, -
123.2757); Unnamed Tributary (39.7493, -123.2584).
(xvi) Black Butte River Hydrologic Sub-area 111173. Outlet(s) =
Black Butte River (Lat 39.8234, Long -123.0862) upstream to endpoint(s)
in: Black Butte River (39.5946, -122.8579); Buckhorn Creek (39.6563, -
122.9225); Cold Creek (39.6960, -122.9063); Estell Creek (39.5966, -
122.8224); Spanish Creek (39.6287, -122.8331).
(xvii) Wilderness Hydrologic Sub-area 111174. Outlet(s) = Middle
Fork Eel River (Lat 39.8240, Long -123.0877) upstream to endpoint(s)
in: Beaver Creek (39.9352, -122.9943); Fossil Creek (39.9447, -
123.0403); Middle Fork Eel River (40.0780, -123.0442); North Fork
Middle Fork Eel River (40.0727, -123.1364); Palm of Gileade Creek
(40.0229, -123.0647); Pothole Creek (39.9347, -123.0440).
(6) Cape Mendocino Hydrologic Unit 1112--(i) Oil Creek Hydrologic
Sub-area 111210. Outlet(s) = Guthrie Creek (Lat 40.5407, Long -
124.3626); Oil Creek (40.5195, -124.3767) upstream to endpoint(s) in:
Guthrie Creek (40.5320, -124.3128); Oil Creek (40.5061, -124.2875);
Unnamed Tributary (40.4946, -124.3091); Unnamed Tributary (40.4982, -
124.3549); Unnamed Tributary (40.5141, -124.3573); Unnamed Tributary
(40.4992, -124.3070).
(ii) Capetown Hydrologic Sub-area 111220. Outlet(s) = Bear River
(Lat 40.4744, Long -124.3881); Davis Creek (40.3850, -124.3691);
Singley Creek (40.4311, -124.4034) upstream to endpoint(s) in: Antone
Creek (40.4281, -124.2114); Bear River (40.3591, -124.0536); Beer
Bottle Gulch (40.3949, -124.1410); Bonanza Gulch (40.4777, -124.2966);
Brushy Creek (40.4102, -124.1050); Davis Creek (40.3945, -124.2912);
Harmonica Creek (40.3775, -124.0735); Hollister Creek (40.4109, -
124.2891); Nelson Creek (40.3536, -124.1154); Peaked Creek (40.4123, -
124.1897); Pullen Creek (40.4057, -124.0814); Singley Creek (40.4177, -
124.3305); South Fork Bear River (40.4047, -124.2631); Unnamed
Tributary (40.4271, -124.3107); Unnamed Tributary (40.4814, -124.2741);
Unnamed Tributary (40.3633, -124.0651); Unnamed Tributary (40.3785, -
124.0599); Unnamed Tributary (40.4179, -124.2391); Unnamed Tributary
(40.4040, -124.0923); Unnamed Tributary (40.3996, -124.3175); Unnamed
Tributary (40.4045, -124.0745); Unnamed Tributary (40.4668, -124.2364);
Unnamed Tributary (40.4389, -124.2350); Unnamed Tributary (40.4516, -
124.2238); Unnamed Tributary (40.4136, -124.1594); Unnamed Tributary
(40.4350, -124.1504); Unnamed Tributary (40.4394, -124.3745); West Side
Creek (40.4751, -124.2432).
(iii) Mattole River Hydrologic Sub-area 111230. Outlet(s) = Big
Creek (Lat 40.1567, Long -124.2114); Big Flat Creek (40.1275, -
124.1764); Buck Creek (40.1086, -124.1218); Cooskie Creek (40.2192, -
124.3105); Fourmile Creek (40.256, -124.3578); Gitchell Creek (40.0938,
-124.1023); Horse Mountain Creek (40.0685, -124.0822); Kinsey Creek
(40.1717, -124.2310); Mattole River (40.2942, -124.3536); McNutt Gulch
(40.3541, -124.3619); Oat Creek (40.1785, -124.2445); Randall Creek
(40.2004, -124.2831); Shipman Creek (40.1175, -124.1449); Spanish Creek
(40.1835, -124.2569); Telegraph Creek (40.0473, -124.0798); Whale Gulch
(39.9623, -123.9785) upstream to endpoint(s) in: Anderson Creek
(40.0329, -123.9674); Baker Creek (40.0143, -123.9048); Bear Creek
(40.1262, -124.0631); Bear Creek (40.2819, -124.3336); Bear Trap Creek
(40.2157, -124.1422); Big Creek (40.1742, -124.1924); Big Finley Creek
(40.0910, -124.0179); Big Flat Creek (40.1444, -124.1636); Blue Slide
Creek (40.1562, -123.9283); Box Canyon Creek (40.1078, -123.9854);
Bridge Creek (40.0447, -124.0118); Buck Creek (40.1166, -124.1142);
Conklin Creek (40.3197, -124.2055); Cooskie Creek (40.2286, -124.2986);
Devils Creek (40.3432, -124.1365); Dry Creek (40.2646, -124.0660); East
Branch North Fork Mattole River (40.3333, -124.1490); East Fork
Honeydew Creek (40.1625, -124.0929); Eubank Creek (40.0997, -123.9661);
Fire Creek (40.1533, -123.9509); Fourmile Creek (40.2604, -124.3079);
Fourmile Creek (40.1767, -124.0759); French Creek (40.1384, -124.0072);
Gibson Creek (40.0304, -123.9279); Gilham Creek (40.2078, -124.0085);
Gitchell Creek (40.1086, -124.0947); Green Ridge Creek (40.3254, -
124.1258); Grindstone Creek (40.2019, -123.9890); Harris Creek
(40.0381, -123.9304); Harrow Creek (40.1612, -124.0292); Helen Barnum
Creek (40.0036, -123.9101); Honeydew Creek (40.1747, -124.1410); Horse
Mountain Creek (40.0769, -124.0729); Indian Creek (40.2772, -124.2759);
Jewett Creek (40.1465, -124.0414); Kinsey Creek (40.1765, -124.2220);
Lost Man Creek (39.9754, -123.9179); Mattole Canyon (40.2021, -
123.9570); Mattole River (39.9714, -123.9623); McGinnis Creek (40.3186,
-124.1801); McKee Creek (40.0864, -123.9480); McNutt Gulch (40.3458, -
124.3418); Middle Creek (40.2591, -124.0366); Mill Creek (40.0158, -
123.9693); Mill Creek (40.3305, -124.2598); Mill Creek (40.2839, -
124.2946); Nooning Creek (40.0616, -124.0050); North Fork Mattole River
(40.3866, -124.1867); North Fork Bear Creek (40.1494, -124.1060); North
Fork Fourmile Creek (40.2019, -124.0722); Oat Creek (40.1884, -
124.2296); Oil Creek (40.3214, -124.1601); Painter Creek (40.0844, -
123.9639); Prichett Creek (40.2892, -124.1704); Randall Creek (40.2092,
-124.2668); Rattlesnake Creek (40.3250, -124.0981); Shipman Creek
(40.1250, -124.1384); Sholes Creek (40.1603, -124.0619); South Branch
West Fork Bridge Creek (40.0326, -123.9853); South Fork Bear Creek
(40.0176, -124.0016); Spanish Creek (40.1965, -124.2429); Squaw Creek
(40.1934, -124.2002); Stanley Creek (40.0273, -123.9166); Sulphur Creek
(40.3647, -124.1586); Telegraph Creek (40.0439, -124.0640); Thompson
Creek (39.9913, -123.9707); Unnamed Tributary
[[Page 71940]]
(40.3475, -124.1606); Unnamed Tributary (40.3522, -124.1533); Unnamed
Tributary (40.0891, -123.9839); Unnamed Tributary (40.2223, -124.0172);
Unnamed Tributary (40.1733, -123.9515); Unnamed Tributary (40.2899, -
124.0955); Unnamed Tributary (40.2853, -124.3227); Unnamed Tributary
(39.9969, -123.9071); Upper East Fork Honeydew Creek (40.1759, -
124.1182); Upper North Fork Mattole River (40.2907, -124.1115);
Vanauken Creek (40.0674, -123.9422); West Fork Bridge Creek (40.0343, -
123.9990); West Fork Honeydew Creek (40.1870, -124.1614); Westlund
Creek (40.2440, -124.0036); Whale Gulch (39.9747, -123.9812); Woods
Creek (40.2119, -124.1611); Yew Creek (40.0018, -123.9762).
(7) Mendocino Coast Hydrologic Unit 1113--(i) Usal Creek Hydrologic
Sub-area 111311. Outlet(s) = Jackass Creek (Lat 39.8806, Long -
123.9155); Usal Creek (39.8316, -123.8507) upstream to endpoint(s) in:
Bear Creek (39.8898, -123.8344); Jackass Creek (39.8901, -123.8928);
Little Bear Creek (39.8782, -123.8250); Waterfall Gulch (39.8725, -
123.8784); North Fork Jackass Creek (39.9095, -123.9101); North Fork
Julias Creek (39.8634, -123.7967); Soldier Creek (39.8679, -123.8162);
South Fork Usal Creek (39.8356, -123.7865); Julias Creek (39.8574, -
123.7912); Unnamed Tributary (39.9279, -123.8666); Unnamed Tributary
(39.8890, -123.8480); Usal Creek (39.9160, -123.8787).
(ii) Wages Creek Hydrologic Sub-area 111312. Outlet(s) = Cottaneva
Creek (Lat 39.7360, Long -123.8293); Hardy Creek (39.7107, -123.8082);
Howard Creek (39.6778, -123.7915); Juan Creek (39.7028, -123.8042);
DeHaven Creek (39.6592, -123.7863); Wages Creek (39.6513, -123.7851)
upstream to endpoint(s) in: Cottaneva Creek (39.7825, -123.8210); Dunn
Creek (39.8103, -123.8320); Hardy Creek (39.7221, -123.7822); Howard
Creek (39.6808, -123.7463); Juan Creek (39.7107, -123.7472); Kimball
Gulch (39.7559, -123.7828); Little Juan Creek (39.7003, -123.7609);
DeHaven Creek (39.6572, -123.7350); Middle Fork Cottaneva Creek
(39.7738, -123.8058); North Fork Cottaneva Creek (39.8011, -123.8047);
North Fork Dehaven Creek (39.6660, -123.7382); North Fork Wages Creek
(39.6457, -123.7066); Rider Gulch (39.6348, -123.7621); Rockport Creek
(39.7346, -123.8021); Slaughterhouse Gulch (39.7594, -123.7914); South
Fork Cottaneva Creek (39.7447, -123.7773); South Fork Wages Creek
(39.6297, -123.6862); Upper Wages Creek (39.6396, -123.6773).
(iii) Ten Mile River Hydrologic Sub-area 111313. Outlet(s) =
Abalobadiah Creek (Lat 39.5654, Long -123.7672); Chadbourne Gulch
(39.6133, -123.7822); Ten Mile River (39.5529, -123.7658); Seaside
Creek (39.5592, -123.7655) upstream to endpoint(s) in: Abalobadiah
Creek (39.5878, -123.7503); Bald Hill Creek (39.6278, -123.6461);
Barlow Gulch (39.6044, -123.7501); Bear Pen Creek (39.5824, -123.6402);
Booth Gulch (39.5598, -123.5908); Buckhorn Creek (39.6093, -123.6980);
Campbell Creek (39.5053, -123.6610); Cavanough Gulch (39.6164, -
123.6853); Chadbourne Gulch (39.6190, -123.7682); Clark Fork (39.5409,
-123.5403); Curchman Creek (39.4789, -123.6398); Gulch 11 (39.4686, -
123.5764); Gulch 19 (39.5993, -123.5730); Little Bear Haven Creek
(39.5654, -123.6050); Little North Fork (39.6264, -123.7350); Mill
Creek (39.5392, -123.7068); North Fork Ten Mile River (39.5870, -
123.5480); O'Conner Gulch (39.6205, -123.6655); Patsy Creek (39.5714, -
123.5669); Redwood Creek (39.5142, -123.5620); Seaside Creek (39.5612,
-123.7501); Smith Creek (39.5251, -123.6499); South Fork Bear Haven
Creek (39.5688, -123.6527); South Fork Ten Mile River (39.5083, -
123.5395); Ten Mile River (39.5721, -123.7098); Unnamed Tributary
(39.5234, -123.5893); Unnamed Tributary (39.5191, -123.6263); Unnamed
Tributary (39.5558, -123.5450); Unnamed Tributary (39.5898, -123.7657);
Unnamed Tributary (39.5813, -123.7526); Unnamed Tributary (39.6032, -
123.5893).
(iv) Noyo River Hydrologic Sub-area 111320. Outlet(s) = Digger
Creek (Lat 39.4088, Long -123.8164); Hare Creek (39.4171, -123.8128);
Jug Handle Creek (39.3767, -123.8176); Mill Creek (39.4894, -123.7967);
Mitchell Creek (39.3923, -123.8165); Noyo River (39.4274, -123.8096);
Pudding Creek (39.4588, -123.8089); Virgin Creek (39.4714, -123.8045)
upstream to endpoint(s) in: Bear Gulch (39.3881, -123.6614); Brandon
Gulch (39.4191, -123.6645); Bunker Gulch (39.3969, -123.7153); Burbeck
Creek (39.4354, -123.4235); Covington Gulch (39.4099, -123.7546);
Digger Creek (39.4058, -123.8092); Duffy Gulch (39.4469, -123.6023);
Gulch Creek (39.4441, -123.4684); Gulch Seven (39.4523, -123.5183);
Hare Creek (39.3781, -123.6922); Hayworth Creek (39.4857, -123.4769);
Hayshed Creek (39.4200, -123.7391); Jug Handle Creek (39.3647, -
123.7523); Kass Creek (39.4273, -123.6797); Little North Fork (39.4532,
-123.6636); Little Valley Creek (39.5026, -123.7277); Marble Gulch
(39.4423, -123.5479); McMullen Creek (39.4383, -123.4488); Middle Fork
North Fork (39.4924, -123.5231); Mill Creek (39.4843, -123.7575);
Mitchell Creek (39.3813, -123.7734); North Fork Hayworth Creek
(39.4891, -123.5026); North Fork Noyo (39.4974, -123.5405); North Fork
Noyo (39.4765, -123.5535); North Fork South Fork Noyo River (39.3971, -
123.6108); Noyo River (39.4242, -123.4356); Olds Creek (39.3964, -
123.4448); Parlin Creek (39.3700, -123.6111); Pudding Creek (39.4591, -
123.6516); Redwood Creek (39.4660, -123.4571); South Fork Hare Creek
(39.3785, -123.7384); South Fork Noyo River (39.3620, -123.6188);
Unnamed Tributary (39.4113, -123.5621); Unnamed Tributary (39.3918, -
123.6425);Unnamed Tributary (39.4168, -123.4578); Unnamed Tributary
(39.4653, -123.7549); Unnamed Tributary (39.4640, -123.7473); Unnamed
Tributary (39.4931, -123.7371); Unnamed Tributary (39.4922, -123.7381);
Unnamed Tributary (39.4939, -123.7184); Unnamed Tributary (39.4158, -
123.6428); Unnamed Tributary (39.4002, -123.7347); Unnamed Tributary
(39.3831, -123.6177); Unnamed Tributary (39.4926, -123.4764); Virgin
Creek (39.4621, -123.7855);
(v) Big River Hydrologic Sub-area 111330. Outlet(s) = Big River
(Lat 39.3030, Long -123.7957); Casper Creek (39.3617, -123.8169); Doyle
Creek (39.3603, -123.8187); Jack Peters Creek (39.3193, -123.8006);
Russian Gulch (39.3288, -123.8050) upstream to endpoint(s) in: Berry
Gulch (39.3585, -123.6930); Big River (39.3166, -123.3733); Casper
Creek (39.3462, -123.7556); Chamberlain Creek (39.4007, -123.5317);
Daugherty Creek (39.1700, -123.3699); Doyle Creek (39.3517, -123.8007);
East Branch Little North Fork Big River (39.3372, -123.6410); East
Branch North Fork Big River (39.3354, -123.4652); Gates Creek (39.2083,
-123.3944); Jack Peters Gulch (39.3225, -123.7850); James Creek
(39.3922, -123.4747); Johnson Creek (39.1963, -123.3927); Johnson Creek
(39.2556, -123.4485); Laguna Creek (39.2914, -123.6301); Little North
Fork Big River (39.3497, -123.6242); Marten Creek (39.3290, -123.4279);
Mettick Creek (39.2591, -123.5193); Middle Fork North Fork Casper Creek
(39.3575, -123.7170); North Fork Big River (39.3762, -123.4591); North
Fork Casper Creek (39.3610, -123.7356); North Fork James Creek
(39.3980, -123.4939); North Fork Ramone Creek
[[Page 71941]]
(39.2760, -123.4846); Pig Pen Gulch (39.3226, -123.4609); Pruitt Creek
(39.2592, -123.3812); Ramone Creek (39.2714, -123.4415); Rice Creek
(39.2809, -123.3963); Russell Brook (39.2863, -123.4461); Russian Gulch
(39.3237, -123.7650); Snuffins Creek (39.1836, -123.3854); Soda Creek
(39.2230, -123.4239); South Fork Big River (39.2317, -123.3687); South
Fork Casper Creek (39.3493, -123.7216); Two Log Creek (39.3484, -
123.5781); Unnamed Tributary (39.3897, -123.5556); Unnamed Tributary
(39.3637, -123.5464); Unnamed Tributary (39.3776, -123.5274); Unnamed
Tributary (39.4029, -123.5771); Unnamed Tributary (39.3209, -123.5964);
Valentine Creek (39.2694, -123.3957); Water Gulch (39.3608, -123.5916).
(vi) Albion River Hydrologic Sub-area 111340. Outlet(s) = Albion
River (Lat 39.2253, Long -123.7679); Big Salmon Creek (39.2150, -
123.7660); Buckhorn Creek (39.2593, -123.7839); Dark Gulch (39.2397, -
123.7740); Little Salmon Creek (39.2150, -123.7660); Little River
(39.2734, -123.7914) upstream to endpoint(s) in: Albion River (39.2613,
-123.5766); Big Salmon Creek (39.2045, -123.6425); Buckhorn Creek
(39.2513, -123.7595); Dark Gulch (39.2379, -123.7592); Duck Pond Gulch
(39.2456, -123.6960); East Railroad Gulch (39.2604, -123.6381); Hazel
Gulch (39.2141, -123.6418); Kaison Gulch (39.2733, -123.6803); Little
North Fork South Fork Albion River (39.2350, -123.6431); Little River
(39.2683, -123.7190); Little Salmon Creek (39.2168, -123.7515); Marsh
Creek (39.2325, -123.5596); Nordon Gulch (39.2489, -123.6503); North
Fork Albion River (39.2854, -123.5752); Pleasant Valley Gulch (39.2379,
-123.6965); Railroad Gulch (39.2182, -123.6932); Soda Springs Creek
(39.2943, -123.5944); South Fork Albion River (39.2474, -123.6107); Tom
Bell Creek (39.2805, -123.6519); Unnamed Tributary (39.2279, -
123.6972); Unnamed Tributary (39.2194, -123.7100); Unnamed Tributary
(39.2744, -123.5889); Unnamed Tributary (39.2318, -123.6800).
(vii) Navarro River Hydrologic Sub-area 111350. Outlet(s) = Navarro
River (Lat 39.1921, Long -123.7611) upstream to endpoint(s) in: Alder
Creek (38.9830, -123.3946); Anderson Creek (38.9644, -123.2907); Bailey
Creek (39.1733, -123.4804); Barton Gulch (39.1804, -123.6783); Bear
Creek (39.1425, -123.4326); Bear Wallow Creek (39.0053, -123.4075);
Beasley Creek (38.9366, -123.3265); Bottom Creek (39.2117, -123.4607);
Camp 16 Gulch (39.1937, -123.6095); Camp Creek (38.9310, -123.3527);
Cold Spring Creek (39.0376, -123.5027); Con Creek (39.0374, -123.3816);
Cook Creek (39.1879, -123.5109); Cune Creek (39.1622, -123.6014); Dago
Creek (39.0731, -123.5068); Dead Horse Gulch (39.1576, -123.6124);
Dutch Henry Creek (39.2112, -123.5794); Floodgate Creek (39.1291, -
123.5365); Fluem Gulch (39.1615, -123.6695); Flynn Creek (39.2099, -
123.6032); German Creek (38.9452, -123.4269); Gut Creek (39.0803, -
123.3312); Ham Canyon (39.0164, -123.4265); Horse Creek (39.0144, -
123.4960); Hungry Hollow Creek (39.1327, -123.4488); Indian Creek
(39.0708, -123.3301); Jimmy Creek (39.0117, -123.2888); John Smith
Creek (39.2275, -123.5366); Little North Fork Navarro River (39.1941, -
123.4553); Low Gap Creek (39.1590, -123.3783); Navarro River (39.0537,
-123.4409); Marsh Gulch (39.1692, -123.7049); McCarvey Creek (39.1589,
-123.4048); Mill Creek (39.1270, -123.4315); Minnie Creek (38.9751, -
123.4529); Murray Gulch (39.1755, -123.6966); Mustard Gulch (39.1673, -
123.6393); North Branch (39.2069, -123.5361); North Fork Indian Creek
(39.1213, -123.3345); North Fork Navarro River (39.1708, -123.5606);
Parkinson Gulch (39.0768, -123.4070); Perry Gulch (39.1342, -123.5707);
Rancheria Creek (38.8626, -123.2417); Ray Gulch (39.1792, -123.6494);
Robinson Creek (38.9845, -123.3513); Rose Creek (39.1358, -123.3672);
Shingle Mill Creek (39.1671, -123.4223); Soda Creek (39.0238, -
123.3149); Soda Creek (39.1531, -123.3734); South Branch (39.1534, -
123.4173); Spooner Creek (39.2221, -123.4811); Tramway Gulch (39.1481,
-123.5958); Yale Creek (38.8882, -123.2785).
(viii) Greenwood Creek Hydrologic Sub-area 111361. Outlet(s) =
Greenwood Creek (Lat 39.1262, Long -123.7181) upstream to endpoint(s)
in: Greenwood Creek (39.1245, -123.6474).
(ix) Elk Creek Hydrologic Sub-area 111362. Outlet(s) = Elk Creek
(Lat 39.1024, Long -123.7080) upstream to endpoint(s) in: Elk Creek
(39.0657, -123.6245).
(x) Alder Creek Hydrologic Sub-area 111363. Outlet(s) = Alder Creek
(Lat 39.0044, Long -123.6969); Mallo Pass Creek (39.0341, -123.6896)
upstream to endpoint(s) in: Alder Creek (338.9961, -123.6471); Mallo
Pass Creek (39.0287, -123.6373).
(xi) Brush Creek Hydrologic Sub-area 111364. Outlet(s) = Brush
Creek (Lat 38.9760, Long -123.7120) upstream to endpoint(s) in: Brush
Creek (38.9730, -123.5563); Mill Creek (38.9678, -123.6515); Unnamed
Tributary (38.9724, -123.6571).
(xii) Garcia River Hydrologic Sub-area 111370. Outlet(s) = Garcia
River (Lat 38.9550, Long -123.7338); Point Arena Creek (38.9141, -
123.7103); Schooner Gulch (38.8667, -123.6550) upstream to endpoint(s)
in: Blue Water Hole Creek (38.9378, -123.5023); Flemming Creek
(38.8384, -123.5361); Garcia River (38.8965, -123.3681); Hathaway Creek
(38.9351, -123.7098); Inman Creek (38.8804, -123.4370); Larmour Creek
(38.9419, -123.4469); Mill Creek (38.9078, -123.3143); North Fork
Garcia River (38.9233, -123.5339); North Fork Schooner Gulch (38.8758,
-123.6281); Pardaloe Creek (38.8895, -123.3423); Point Arena Creek
(38.9069, -123.6838); Redwood Creek (38.9241, -123.3343); Rolling Brook
(38.8965, -123.5716); Schooner Gulch (38.8677, -123.6198); South Fork
Garcia River (38.8450, -123.5420); Stansburry Creek (38.9422, -
123.4720); Signal Creek (38.8639, -123.4414); Unnamed Tributary
(38.8758, -123.5692); Unnamed Tributary (38.8818, -123.5723); Whitlow
Creek (38.9141, -123.4624).
(xiii) North Fork Gualala River Hydrologic Sub-area 111381.
Outlet(s) = North Fork Gualala River (Lat 38.7784, Long -123.4992)
upstream to endpoint(s) in: Bear Creek (38.8347, -123.3842); Billings
Creek (38.8652, -123.3496); Doty Creek (38.8495, -123.5131); Dry Creek
(38.8416, -123.4455); McGann Gulch (38.8026, -123.4458); North Fork
Gualala River (38.8479, -123.4113); Robinson Creek (38.8416, -
123.3725); Robinson Creek (38.8386, -123.4991); Stewart Creek (38.8109,
-123.4157); Unnamed Tributary (38.8295, -123.5570); Unnamed Tributary
(38.8353, -123.3760); Unnamed Tributary (38.8487, -123.3820).
(xiv) Rockpile Creek Hydrologic Sub-area 111382. Outlet(s) =
Rockpile Creek (Lat 38.7507, Long -123.4706) upstream to endpoint(s)
in: Rockpile Creek (38.7966, -123.3872).
(xv) Buckeye Creek Hydrologic Sub-area 111383. Outlet(s) = Buckeye
Creek (Lat 38.7405, Long -123.4573) upstream to endpoint(s) in: Buckeye
Creek (38.7400, -123.2697); Flat Ridge Creek (38.7616, -123.2400);
Franchini Creek (38.7500, -123.3708); North Fork Buckeye (38.7991, -
123.3166).
(xvi) Wheatfield Fork Hydrologic Sub-area 111384. Outlet(s) =
Wheatfield Fork Gualala River (Lat 38.7014, Long -123.4154) upstream to
endpoint(s) in: Danfield Creek (38.6369, -123.1431); Haupt Creek
(38.6220, -123.2551); House Creek (38.6545, -123.1184);
[[Page 71942]]
North Fork Fuller Creek (38.7252, -123.2968); Pepperwood Creek
(38.6205, -123.1665); South Fork Fuller Creek (38.6973, -123.2860);
Tombs Creek (38.6989, -123.1616); Unnamed Tributary (38.7175, -
123.2744); Wheatfield Fork Gualala River (38.7497, -123.2215); Fuller
Creek (38.7109, -123.3256).
(xvii) Gualala Hydrologic Sub-area 111385. Outlet(s) = Fort Ross
Creek (Lat 38.5119, Long -123.2436); Gualala River (38.7687, -
123.5334); Kolmer Gulch (38.5238, -123.2646) upstream to endpoint(s)
in: Big Pepperwood Creek (38.7951, -123.4638); Carson Creek (38.5653, -
123.1906); Fort Ross Creek (38.5174, -123.2363); Groshong Gulch
(38.7814, -123.4904); Gualala River (38.7780, -123.4991); Kolmer Gulch
(38.5369, -123.2247); Little Pepperwood (38.7738, -123.4427); McKenzie
Creek (38.5895, -123.1730); Palmer Canyon Creek (38.6002, -123.2167);
Sproule Creek (38.6122, -123.2739); Unknown Tributary (38.5634, -
123.2003); Turner Canyon (38.5294, -123.1672); South Fork Gualala River
(38.5646, -123.1689); Marshall Creek (38.5647, -123.2058).
(xviii) Russian Gulch Hydrologic Sub-area 111390. Outlet(s) =
Russian Gulch Creek (Lat 38.4669, Long -123.1569) upstream to
endpoint(s) in: Russian Gulch Creek (38.4956, -123.1535); West Branch
Russian Gulch Creek (38.4968, -123.1631).
(8) Maps of proposed critical habitat for the Northern California
O. mykiss ESU follow:
BILLING CODE 3510-22-P
[[Page 71943]]
[GRAPHIC] [TIFF OMITTED] TP10DE04.008
[[Page 71944]]
[GRAPHIC] [TIFF OMITTED] TP10DE04.009
[[Page 71945]]
[GRAPHIC] [TIFF OMITTED] TP10DE04.010
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[GRAPHIC] [TIFF OMITTED] TP10DE04.014
BILLING CODE 3510-22-C
(h) Central California Coast O. mykiss (Oncorhynchus mykiss).
Critical habitat is proposed to include the areas defined in the
following units:
[[Page 71950]]
(1) Russian River Hydrologic Unit 1114--(i) Guerneville Hydrologic
Sub-area 111411. Outlet(s) = Russian River (Lat 38.4507, Long -
123.1289) upstream to endpoint(s) in: Atascadero Creek (38.3473, -
122.8626); Austin Creek (38.5098, -123.0680); Baumert Springs (38.4195,
-122.9658); Dutch Bill Creek (38.4132, -122.9508); Duvoul Creek
(38.4527, -122.9525); Fife Creek (38.5584, -122.9922); Freezeout Creek
(38.4405, -123.0360); Green Valley Creek, (38.4445, -122.9185); Grub
Creek (38.4411, -122.9636); Hobson Creek (38.5334, -122.9401); Hulbert
Creek (38.5548, -123.0362); Jenner Gulch (38.4869, -123.0996); Kidd
Creek (38.5029, -123.0935); Lancel Creek (38.4247, -122.9322); Mark
West Creek (38.4961, -122.8489); Mays Canyon (38.4800, -122.9715);
North Fork Lancel Creek (38.4447, -122.9444); Pocket Canyon (38.4650, -
122.9267); Porter Creek (38.5435, -122.9332); Purrington Creek
(38.4083, -122.9307); Sheep House Creek (38.4820, -123.0921); Smith
Creek (38.4622, -122.9585); Unnamed Tributary (38.4560, -123.0246);
Unnamed Tributary (38.3976, -122.8994); Unnamed Tributary (38.3772, -
122.8938); Willow Creek (38.4249, -123.0022).
(ii) Austin Creek Hydrologic Sub-area 111412. Outlet(s) = Austin
Creek (Lat 38.5098, Long -123.0680) upstream to endpoint(s) in: Bear
Pen Creek (38.5939, -123.1644); Big Oat Creek (38.5615, -123.1299);
Blue Jay Creek (38.5618, -123.1399); Conshea Creek (38.5830, -
123.0824); Devil Creek (38.6163, -123.0425); Black Rock Creek (38.5586,
-123.0730); Thompson Creek (38.5747, -123.0300); Pole Mountain Creek
(38.5122, -123.1168); Red Slide Creek (38.6039, -123.1141); Saint Elmo
Creek (38.5130, -123.1125); Schoolhouse Creek (38.5595, -123.0175);
Spring Creek (38.5041, -123.1364); Sulphur Creek (38.6187, -123.0553);
Austin Creek (38.6262, -123.1347); East Austin Creek (38.6349, -
123.1238); Gilliam Creek (38.5803, -123.0152); Gray Creek (38.6132, -
123.0107); Ward Creek (38.5720, -123.1547).
(iii) Laguna Hydrologic Sub-area 111421. Outlet(s) = Laguna de
Santa Rosa (Lat 38.4522, Long -122.8347) upstream to endpoint(s) in:
Crane Creek (38.3521, -122.6022); Hinebaugh Creek (38.3509, -122.6913);
Laguna de Santa Rosa (38.3431, -122.7229); Blucher Creek (38.3509, -
122.8258); Copeland Creek (38.3371, -122.6038).
(iv) Mark West Hydrologic Sub-area 111423. Outlet(s) = Mark West
Creek (Lat 38.4858, Long -122.8419) upstream to endpoint(s) in: Humbug
Creek (38.5412, -122.6249); Laguna de Santa Rosa (38.4526, -122.8347);
Mark West Creek (38.5187, -122.5995); Pool Creek (38.5486, -122.7641);
Pruit Creek (38.5313, -122.7615); Windsor Creek (38.5484, -122.8101).
(v) Warm Springs Hydrologic Sub-area 111424. Outlet(s) = Dry Creek
(Lat 38.5862, Long -122.8577) upstream to endpoint(s) in: Angel Creek
(38.6101, -122.9833); Crane Creek (38.6434, -122.9451); Dry Creek
(38.7181, -123.0091); Dutcher Creek (38.7223, -122.9770); Felta
(38.5679, -122.9379); Foss Creek (38.6244, -122.8754); Grape Creek
(38.6593, -122.9707); Mill Creek (38.5976, -122.9914); North Slough
Creek (38.6392, -122.8888); Palmer Creek (38.5770, -122.9904); Redwood
Log Creek (38.6705, -123.0725); Salt Creek (38.5543, -122.9133); Pena
Creek (38.6384, -123.0743); Wallace Creek (38.6260, -122.9651); Wine
Creek (38.6662, -122.9682); Woods Creek (38.6069, -123.0272).
(vi) Geyserville Hydrologic Sub-area 111425. Outlet(s) = Russian
River (Lat 38.6132, Long -122.8321) upstream to endpoint(s) in: Ash
Creek (38.8556, -123.0082); Bear Creek (38.7253, -122.7038); Bidwell
Creek (38.6229, -122.6320); Big Sulphur Creek (38.8279, -122.9914);
Bluegum Creek (38.6988, -122.7596); Briggs Creek (38.6845, -122.6811);
Coon Creek (38.7105, -122.6957); Crocker Creek (38.7771, -122.9595);
Edwards Creek (38.8592, -123.0758); Foss Creek (38.6373, -122.8753);
Franz Creek (38.5726, -122.6343); Gill Creek (38.7552, -122.8840); Gird
Creek (38.7055, -122.8311); Ingalls Creek (38.7344, -122.7192); Kellog
Creek (38.6753, -122.6422); Little Briggs Creek (38.7082, -122.7014);
Maacama Creek (38.6743, -122.7431); McDonnell Creek (38.7354, -
122.7338); Mill Creek (38.7009, -122.6490); Miller Creek (38.7211, -
122.8608); Oat Valley Creek (38.8461, -123.0712); Redwood Creek
(38.6342, -122.6720); Foote Creek (38.6433, -122.6797); Sausal Creek
(38.6924, -122.7930); South Fork Gill Creek (38.7420, -122.8760);
Unnamed Tributary (38.7329, -122.8601); Yellowjacket Creek (38.6666, -
122.6308).
(vii) Sulphur Creek Hydrologic Sub-area 111426. Outlet(s) = Big
Sulphur Creek (Lat 38.8279, Long -122.9914) upstream to endpoint(s) in:
Alder Creek (38.8503, -122.8953); Anna Belcher Creek (38.7537, -
122.7586); Big Sulphur Creek (38.8243, -122.8774); Cobb Creek (38.7953,
-122.7909); Frasier Creek (38.8439, -122.9341); Humming Bird Creek
(38.8460, -122.8596); Lovers Gulch (38.7396, -122.8275); North Branch
Little Sulphur Creek (38.7783, -122.8119); Squaw Creek (38.8199, -
122.7945); Little Sulphur Creek (38.7469, -122.7425).
(viii) Ukiah Hydrologic Sub-area 111431. Outlet(s) = Russian River
(Lat 38.8828, Long -123.0557) upstream to endpoint(s) in: Pieta Creek
(38.8622, -122.9329).
(ix) Forsythe Creek Hydrologic Sub-area 111433. Outlet(s) = West
Branch Russian River (Lat 39.2257, Long -123.2012) upstream to
endpoint(s) in: Bakers Creek (39.2859, -123.2432); Eldridge Creek
(39.2250, -123.3309); Forsythe Creek (39.2976, -123.2963); Jack Smith
Creek (39.2754, -123.3421); Mariposa Creek (39.3472, -123.2625); Mill
Creek (39.2969, -123.3360); Salt Hollow Creek (39.2585, -123.1881);
Seward Creek (39.2606, -123.2646); West Branch Russian River (39.3642,
-123.2334).
(2) Bodega Hydrologic Unit 1115--(i) Salmon Creek Hydrologic Sub-
area 111510. Outlet(s) = Salmon Creek (Lat 38.3554, Long -123.0675)
upstream to endpoint(s) in: Coleman Valley Creek (38.3956, -123.0097);
Faye Creek (38.3749, -123.0000); Finley Creek (38.3707, -123.0258);
Salmon Creek (38.3877, -122.9318); Tannery Creek (38.3660, -122.9808).
(ii) Estero Americano Hydrologic Sub-area 111530. Outlet(s) =
Estero Americano (Lat 38.2939, Long -123.0011) upstream to endpoint(s)
in: Estero Americano (38.3117, -122.9748); Ebabias Creek (38.3345, -
122.9759).
(3) Marin Coastal Hydrologic Unit 2201--(i) Walker Creek Hydrologic
Sub-area 220112. Outlet(s) = Walker Creek (Lat 38.2213, Long -
122.9228); Millerton Gulch (38.1055, -122.8416) upstream to endpoint(s)
in: Chileno Creek (38.2145, -122.8579); Frink Canyon (38.1761, -
122.8405); Millerton Gulch (38.1376, -122.8052); Verde Canyon (38.1630,
-122.8116); Unnamed Trib (38.1224, -122.8095); Walker Creek (38.1617, -
122.7815).
(ii) Lagunitas Creek Hydrologic Sub-area 220113. Outlet(s) =
Lagunitas Creek (Lat 38.0827, Long -122.8274) upstream to endpoint(s)
in: Cheda Creek (38.0483, -122.7329); Devil's Gulch (38.0393, -
122.7128); Giacomini Creek (38.0032, -122.7617); Horse Camp Gulch
(38.0078, -122.7624); Lagunitas Creek (37.9974, -122.7045); Olema Creek
(37.9719, -122.7125); Quarry Gulch (38.0345, -122.7639); San Geronimo
Creek (38.0131, -122.6499); Unnamed Tributary (37.9893, -122.7328);
Unnamed Tributary (37.9976, -122.7553).
(iii) Point Reyes Hydrologic Sub-area 220120. Outlet(s) = Creamery
Bay Creek
[[Page 71951]]
(Lat 38.0809, Long -122.9561); East Schooner Creek (38.0913, -
122.9293); Home Ranch (38.0705, -122.9119); Laguna Creek (38.0235, -
122.8732); Muddy Hollow Creek (38.0329, -122.8842) upstream to
endpoint(s) in: Creamery Bay Creek (38.0779, -122.9572); East Schooner
Creek (38.0928, -122.9159); Home Ranch Creek (38.0784, -122.9038);
Laguna Creek (38.0436, -122.8559); Muddy Hollow Creek (38.0549, -
122.8666).
(iv) Bolinas Hydrologic Sub-area 220130. Outlet(s) = Easkoot Creek
(Lat 37.9026, Long -122.6474); McKinnon Gulch (37.9126, -122.6639);
Morse Gulch (37.9189, -122.6710); Pine Gulch Creek (37.9218, -
122.6882); Redwood Creek (37.8595, -122.5787); Stinson Gulch (37.9068,
-122.6517); Wilkins Creek ( 37.9343, -122.6967) upstream to endpoint(s)
in: Easkoot Creek (37.8987, -122.6370); Kent Canyon (37.8866, -
122.5800); McKinnon Gulch (37.9197, -122.6564); Morse Gulch (37.9240, -
122.6618); Pine Gulch Creek (37.9557, -122.7197); Redwood Creek
(37.9006, -122.5787); Stinson Gulch (37.9141, -122.6426); Wilkins Creek
(37.9450, -122.6910).
(4) San Mateo Hydrologic Unit 2202--(i) San Mateo Coastal
Hydrologic Sub-area 220221. Outlet(s) = Arroyo de en Medio (Lat
37.4929, Long -122.4606); Denniston Creek (37.5033, -122.4869);
Frenchmans Creek (37.4804, -122.4518); San Pedro Creek (37.5964, -
122.5057) upstream to endpoint(s) in: Arroyo De En Medio (37.5202, -
122.4562); Denniston Creek (37.5184, -122.4896); Frenchmans Creek
(37.5170, -122.4332); Middle Fork San Pedro Creek (37.5758, -122.4591);
North Fork San Pedro Creek (37.5996, -122.4635); San Pedro Creek
(37.5825, -122.4771).
(ii) Half Moon Bay Hydrologic Sub-area 220222. Outlet(s) = Arroyo
Leon Creek (Lat 37.4758, Long -122.4493) upstream to endpoint(s) in:
Apanolio Creek (37.5202, -122.4158); Arroyo Leon Creek (37.4560, -
122.3442); Mills Creek (37.4629, -122.3721); Pilarcitos Creek (37.5259,
-122.3980); Unnamed Tributary (37.4705, -122.3616).
(iii) Tunitas Creek Hydrologic Sub-area 220223. Outlet(s) = Lobitos
Creek (Lat 37.3762, Long -122.4093); Tunitas Creek (37.3567, -122.3999)
upstream to endpoint(s) in: East Fork Tunitas Creek (37.3981, -
122.3404); Lobitos Creek (37.4246, -122.3586); Tunitas Creek (37.4086,
-122.3502).
(iv) San Gregorio Creek Hydrologic Sub-area 220230. Outlet(s) = San
Gregorio Creek (Lat 37.3215, Long -122.4030) upstream to endpoint(s)
in: Alpine Creek (37.3062, -122.2003); Bogess Creek (37.3740, -
122.3010); El Corte Madera Creek (37.3650, -122.3307); Harrington Creek
(37.3811, -122.2936); La Honda Creek (37.3680, -122.2655); Langley
Creek (37.3302, -122.2420); Mindego Creek (37.3204, -122.2239); San
Gregorio Creek (37.3099, -122.2779); Woodruff Creek (37.3415, -
122.2495).
(v) Pescadero Creek Hydrologic Sub-area 220240. Outlet(s) =
Pescadero Creek (Lat 37.2669, Long -122.4122); Pomponio Creek (37.2979,
-122.4061) upstream to endpoint(s) in: Bradley Creek (37.2819, -
122.3802); Butano Creek (37.2419, -122.3165); Evans Creek (37.2659, -
122.2163); Honsinger Creek (37.2828, -122.3316); Little Boulder Creek
(37.2145, -122.1964); Little Butano Creek (37.2040, -122.3492); Oil
Creek (37.2572, -122.1325); Pescadero Creek (37.2320, -122.1553);
Lambert Creek (37.3014, -122.1789); Peters Creek (37.2883, -122.1694);
Pomponio Creek (37.3030, -122.3805); Slate Creek (37.2530, -122.1935);
Tarwater Creek (37.2731, -122.2387); Waterman Creek (37.2455, -
122.1568).
(5) Bay Bridges Hydrologic Unit 2203--San Rafael Hydrologic Sub-
area 220320. Outlet(s) = Corte Madera Creek (Lat 37.9425, Long -
122.5059) upstream to endpoint(s) in: Cascade Creek (37.9867, -
122.6287); Corte Madera Creek (37.9859, -122.5842); Larkspur Creek
(37.9305, -122.5514); Ross Creek (37.9558, -122.5752); San Anselmo
Creek (37.9825, -122.6420); Sleepy Hollow Creek (38.0074, -122.5794);
Tamalpais Creek (37.9481, -122.5674).
(6) South Bay Hydrologic Unit 2204--(i) Eastbay Cities Hydrologic
Sub-area 220420. Outlet(s) = Alameda Creek (Lat 37.5942, Long -
122.1422) upstream.
(ii) Alameda Creek Hydrologic Sub-area 220430. Outlet(s) = Alameda
Creek (Lat 37.5812, Long -121.9644) upstream to endpoint(s) in: Alameda
Creek (37.4569, -121.6996); Arroyo Honda (37.3661, -121.6684); Arroyo
Mocho (37.5572, -121.5807); Arroyo de Laguna (37.6771, -121.9124);
Arroyo del Valle (37.6141, -121.7466); Arroyo las Positias (37.7029, -
121.7594); Calveras Creek (37.4642, -121.7766); Colorado Creek
(37.4301, -121.5092); Sinbad Creek (37.6509, -121.9353); Stoneybrook
Creek (37.6377, -121.9608).
(7) Santa Clara Hydrologic Unit 2205--(i) Freemont Bayside
Hydrologic Sub-area 220520. Outlet(s) = Alameda Creek (Lat 37.5777,
Long -122.0251) upstream to endpoint(s) in: Alameda Creek (37.5812, -
121.9644).
(ii) Coyote Creek Hydrologic Sub-area 220530. Outlet(s) = Coyote
Creek (Lat 37.4629, Long -121.9894; 37.2275, -121.7514) upstream to
endpoint(s) in: Arroyo Aguague (37.3907, -121.7836); Coyote Creek
(37.2778, -121.8033); Coyote Creek (37.1677, -121.6301); Upper
Penitencia Creek (37.3969, -121.7577).
(iii) Palo Alto Hydrologic Sub-area 220550. Outlet(s) = Guadalupe
River (Lat 37.4614, Long -122.0240); San Francisquito Creek (37.4658, -
122.1152); Stevens Creek (37.4456, -122.0641) upstream to endpoint(s)
in: Bear Creek (37.4528, -122.3020); Guadalupe River (37.3499,
-.121.9094); Los Trancos (37.3293, -122.1786); San Francisquito Creek
(37.4098, -122.2389); Stevens Creek (37.2990, -122.0778).
(8) San Pablo Hydrologic Unit 2206--(i) Petaluma River Hydrologic
Sub-area 220630. Outlet(s) = Petaluma River (Lat 38.1111, Long -
122.4944) upstream to endpoint(s) in: Adobe Creek (38.2940, -122.5834);
Lichau Creek (38.2848, -122.6654); Lynch Creek (38.2748, -122.6194);
Petaluma River (38.3010, -122.7149); Schultz Slough (38.1892, -
122.5953); San Antonio Creek (38.2049, -122.7408); Unnamed Tributary
(38.3105, -122.6146); Willow Brook (38.3165, -122.6113).
(ii) Sonoma Creek Hydrologic Sub-area 220640. Outlet(s) = Sonoma
Creek (Lat 38.1525, Long -122.4050) upstream to endpoint(s) in: Agua
Caliente Creek (38.3368, -122.4518); Asbury Creek (38.3401, -122.5590);
Bear Creek (38.4656, -122.5253); Calabazas Creek (38.4033, -122.4803);
Carriger Creek (38.3031, -122.5336); Graham Creek (38.3474, -122.5607);
Hooker Creek (38.3809, -122.4562); Mill Creek (38.3395, -122.5454);
Nathanson Creek (38.3350, -122.4290); Rodgers Creek (38.2924, -
122.5543); Schell Creek (38.2554, -122.4510); Sonoma Creek (38.4507, -
122.4819); Stuart Creek (38.3936, -122.4708); Yulupa Creek (38.3986, -
122.5934).
(iii) Napa River Hydrologic Sub-area 220650. Outlet(s) = Napa River
(Lat 38.0786, Long -122.2468) upstream to endpoint(s) in: Bale Slough
(38.4806, -122.4578); Bear Canyon Creek (38.4512, -122.4415); Bell
Canyon Creek (38.5551, -122.4827); Brown's Valley Creek (38.3251, -
122.3686); Carneros Creek (38.3108, -122.3914); Conn Creek (38.4843, -
122.3824); Cyrus Creek (38.5776, -122.6032); Diamond Mountain Creek
(38.5645, -122.5903); Dry Creek (38.4334, -122.4791); Dutch Henery
Creek (38.6080, -122.5253); Garnett Creek (38.6236, -122.5860);
Huichica Creek (38.2811, -122.3936); Jericho Canyon Creek (38.6219, -
122.5933); Miliken Creek (38.3773, -122.2280); Mill Creek (38.5299, -
122.5513); Murphy Creek
[[Page 71952]]
(38.3155, -122.2111); Napa Creek (38.3047, -122.3134); Napa River
(38.6210, -122.6129); Pickle Canyon Creek (38.3672, -122.4071); Rector
Creek (38.4410, -122.3451); Redwood Creek (38.3765, -122.4466); Ritchie
Creek (38.5369, -122.5652); Sarco Creek (38.3567, -122.2071); Soda
Creek (38.4156, -122.2953); Spencer Creek (38.2729, -122.1909); Sulphur
Creek (38.4839, -122.5161); Suscol Creek (38.2522, -122.2157); Tulucay
Creek (38.2929, -122.2389); Unnamed Tributary (38.4248, -122.4935);
York Creek (38.5128, -122.5023).
(9) Suisun Hydrologic Unit 2207--Suisun Creek Hydrologic Sub-area
220722. Outlet(s) = Suisun Creek (Lat 38.2020, Long -122.1035) upstream
to endpoint(s) in: Suisun Creek (38.3301, -122.1371); Wooden Valley
Creek (38.3749, -122.1830).
(10) Big Basin Hydrologic Unit 3304--(i) Davenport Hydrologic Sub-
area 330411 Outlet(s) = Baldwin Creek (Lat 36.9669, -122.1232);
Davenport Landing Creek (37.0231, -122.2153); Laguna Creek (36.9824, -
122.1560); Liddell Creek (37.0001, -122.1816); Majors Creek (36.9762, -
122.1423); Molino Creek (37.0368, -122.2292); San Vicente Creek
(37.0093, -122.1940); Scott Creek (37.0404, -122.2307); Waddell Creek
(37.0935, -122.2762); Wilder Creek (36.9535, -122.0775) upstream to
endpoint(s) in: Baldwin Creek (37.0126, -122.1006); Bettencourt Creek
(37.1081, -122.2386); Big Creek (37.0832, -122.2175); Davenport Landing
Creek (37.0475, -122.1920); East Branch Waddell Creek (37.1482, -
122.2531); East Fork Liddell Creek (37.0204, -122.1521); Henry Creek
(37.1695, -122.2751); Laguna Creek (37.0185, -122.1287); Liddell Creek
(37.0030, -122.1768); Little Creek (37.0688, -122.2097); Majors Creek
(36.9815, -122.1374); Middle Fork East Fork Liddell Creek (37.0194, -
122.1608); Mill Creek (37.1034, -122.2218); Molino Creek (37.0384, -
122.2125); Peasley Gulch (36.9824, -122.0861); Queseria Creek (37.0521,
-122.2042); San Vicente Creek (37.0417, -122.1741); Scott Creek
(37.1338, -122.2306); Waddell Creek (37.1338, -122.2677); West Branch
Waddell Creek (37.1697, -122.2642); West Fork Liddell Creek (37.0117, -
122.1763); Unnamed Tributary (37.0103, -122.0701); Wilder Creek
(37.0107, -122.0770).
(ii) San Lorenzo Hydrologic Sub-area 330412. Outlet(s) = Arana
Gulch Creek (Lat 36.9676, Long -122.0028); San Lorenzo River (36.9641,
-122.0125) upstream to endpoint(s) in: Arana Gulch Creek (37.0270, -
121.9739); Bean Creek (37.0956, -122.0022); Bear Creek (37.1711, -
122.0750); Boulder Creek (37.1952, -122.1892); Bracken Brae Creek
(37.1441, -122.1459); Branciforte Creek (37.0701, -121.9749); Crystal
Creek (37.0333, -121.9825); Carbonera Creek (37.0286, -122.0202);
Central Branch Arana Gulch Creek (37.0170, -121.9874); Deer Creek
(37.2215, -122.0799); Fall Creek (37.0705, -122.1063); Gold Gulch Creek
(37.0427, -122.1018); Granite Creek (37.0490, -121.9979); Hare Creek
(37.1544, -122.1690); Jameson Creek (37.1485, -122.1904); Kings Creek
(37.2262, -122.1059); Lompico Creek (37.1250, -122.0496); Mackenzie
Creek (37.0866, -122.0176); Mountain Charlie Creek (37.1385, -
121.9914); Newell Creek (37.1019, -122.0724); San Lorenzo River
(37.2276, -122.1384); Two Bar Creek (37.1833, -122.0929); Unnamed
Tributary (37.2106, -122.0952); Unnamed Tributary (37.2032, -122.0699);
Zayante Creek (37.1062, -122.0224).
(iii) Aptos-Soquel Hydrologic Sub-area 330413. Outlet(s)=Aptos
Creek (Lat 36.9692, Long -121.9065); Soquel Creek (36.9720, -121.9526)
upstream to endpoint(s) in: Amaya Creek (37.0930, -121.9297); Aptos
Creek (37.0545, -121.8568); Bates Creek (37.0099, -121.9353); Bridge
Creek (37.0464, -121.8969); East Branch Soquel Creek (37.0690, -
121.8297); Hester Creek (37.0967, -121.9458); Hinckley Creek (37.0671,
-121.9069); Moores Gulch (37.0573, -121.9579); Soquel Creek (37.0443, -
121.9404); Valencia Creek (37.0323, -121.8493); West Branch Soquel
Creek (37.1095, -121.9606).
(iv) Ano Nuevo Hydrologic Sub-area 330420. Outlet(s)=Ano Nuevo
Creek (Lat 37.1163, Long -22.3060); Gazos Creek (37.1646, -122.3625);
Whitehouse Creek (37.1457, -122.3469) upstream to endpoint(s) in: Ano
Nuevo Creek (37.1269, -122.3039); Bear Gulch (37.1965, -122.2773);
Gazos Creek (37.2088, -122.2868); Old Womans Creek (37.1829, -
122.3033); Whitehouse Creek (37.1775, -122.2900).
(11) Maps of proposed critical habitat for the Central California
Coast O. mykiss ESU follow:
BILLING CODE 3510-22-P
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BILLING CODE 3510-22-C
(i) South-central California Coast O. mykiss (Oncorhynchus mykiss).
Critical habitat is proposed to include the areas defined in the
following units:
[[Page 71963]]
(1) Pajaro River Hydrologic Unit 3305--(i) Watsonville Hydrologic
Sub-area 330510. Outlet(s) = Pajaro River (Lat 36.8506, Long -121.8101)
upstream to endpoint(s) in: Banks Canyon Creek (36.9958, -121.7264);
Browns Creek (37.0255, -121.7754); Casserly Creek (36.9902, -121.7359);
Corralitos Creek (37.0666, -121.8359); Gaffey Creek (36.9905, -
121.7132); Gamecock Canyon (37.0362, -121.7587); Green Valley Creek
(37.0073, -121.7256); Ramsey Gulch (37.0447, -121.7755); Redwood Canyon
(37.0342, -121.7975); Salsipuedes Creek (36.9350, -121.7426); Shingle
Mill Gulch (37.0446, -121.7971).
(ii) Santa Cruz Mountains Hydrologic Sub-area 330520. Outlet(s) =
Pajaro River (Lat 36.8963, Long -121.5620); Bodfish Creek (37.0020, -
121.6715); Pescadero Creek (36.9125, -121.5882); Tar Creek (36.9304, -
121.5520); Uvas Creek (37.0251, -121.6430) upstream to endpoint(s) in:
Blackhawk Canyon (37.0168, -121.6912); Bodfish Creek (36.9985, -
121.6859); Little Arthur Creek (37.0299, -121.6874); Pescadero Creek
(36.9826, -121.6274); Tar Creek (36.9558, -121.6009); Uvas Creek
(37.0660, -121.6912).
(iii) South Santa Clara Valley Hydrologic Sub-area 330530.
Outlet(s) = San Benito River (Lat 36.8961, Long -121.5625); Pajaro
River (36.9222, -121.5388) upstream to endpoint(s) in: Arroyo Dos
Picachos (36.8866, -121.3184); Bird Creek (36.7837, -121.3731); Bodfish
Creek (37.0080, -121.6652); Bodfish Creek (37.0041, -121.6667);
Carnadero Creek (36.9603, -121.532); Llagas Creek (37.1159, -121.6938);
Miller Canal (36.9516, -121.5115); San Felipe Lake (36.9835, -
121.4604); Tar Creek (36.9297, -121.5419); Tequisquita Slough (36.9170,
-121.3887); Uvas Creek (37.0146, -121.6314).
(iv) Pacheco-Santa Ana Creek Hydrologic Sub-area 330540. Outlet(s)
= Arroyo Dos Picachos (Lat 36.8866, Long -121.3184); Pacheco Creek
(37.0055, -121.3598) upstream to endpoint(s) in: Arroyo Dos Picachos
(36.8912, -121.2305); Cedar Creek (37.0922, -121.3641); North Fork
Pacheco Creek (37.0514, -121.2911); Pacheco Creek (37.0445, -121.2662);
South Fork Pacheco Creek (37.0227, -121.2603).
(v) San Benito River Hyddrologic Sub-area 330550. Outlet(s) = San
Benito River (Lat 36.7838, Long -121.3731) upstream to endpoint(s) in:
Bird Creek (36.7604, -121.4506); Pescadero Creek (36.7202, -121.4187);
San Benito River (36.3324, -120.6316); Sawmill Creek (36.3593, -
120.6284).
(2) Carmel River Hydrologic Unit 3307--Carmel River Hydrologic Sub-
area 330700. Outlet(s) = Carmel River (Lat36.5362, Long -121.9285)
upstream to endpoint(s) in: Aqua Mojo Creek (36.4711, -121.5407); Big
Creek (36.3935, -121.5419); Blue Creek (36.2796, -121.6530); Boronda
Creek (36.3542, -121.6091); Bruce Fork (36.3221, -121.6385); Cachagua
Creek (36.3909 , -121.5950); Carmel River (36.3701, -121.6621); Danish
Creek (36.3730, -121.7590); Hitchcock Canyon Creek (36.4470, -
121.7597); James Creek (36.3235, -121.5804); Las Garzas Creek (36.4607,
-121.7944); Millers Fork (36.2961, -121.5697); Pinch Creek (36.3236, -
121.5574); Pine Creek (36.3827, -121.7727); Potrero Creek (36.4801, -
121.8258); Rana Creek (36.4877, -121.5840); Rattlesnake Creek (36.3442,
-121.7080); Robertson Canyon Creek (36.4776, -121.8048); Robertson
Creek (36.3658, -121.5165); San Clemente Creek (36.4227, -121.8115);
Tularcitos Creek (36.4369, -121.5163); Ventana Mesa Creek (36.2977, -
121.7116).
(3) Santa Lucia Hydrologic Unit 3308--Santa Lucia Hydrologic Sub-
area 330800. Outlet(s) = Alder Creek (Lat 35.8578, Long -121.4165); Big
Creek (36.0696, -121.6005); Big Sur River (36.2815, -121.8593); Bixby
Creek (36.3713, -121.9029); Garrapata Creek (36.4176, -121.9157);
Limekiln Creek (36.0084, -121.5196); Little Sur River (36.3327, -
121.8853); Malpaso Creek (36.4814, -121.9384); Mill Creek (35.9825, -
121.4917); Partington Creek (36.1753, -121.6973); Plaskett Creek
(35.9195, -121.4717); Prewitt Creek (35.9353, -121.4760); Rocky Creek
(36.3798, -121.9028); San Jose Creek (36.5259, -121.9253); Vicente
Creek (36.0442, -121.5855); Villa Creek (35.8495, -121.4087); Willow
Creek (35.8935, -121.4619) upstream to endpoint(s) in: Alder Creek
(35.8685, -121.3974); Big Creek (36.0830, -121.5884); Bixby Creek
(36.3715, -121.8440); Devil's Canyon Creek (36.0773, -121.5695);
Garrapata Creek (36.4042, -121.8594); Joshua Creek (36.4182, -
121.9000); Limekiln Creek (36.0154, -121.5146); Little Sur River
(36.3327, -121.8853); Logwood Creek (36.2105, -121.6719); Malpaso Creek
(36.4681, -121.8800); Mill Creek (35.9907, -121.4632); North Fork Big
Sur River (36.2178, -121.5948); Partington Creek (36.1929, -121.6825);
Plaskett Creek (35.9228, -121.4493); Prewitt Creek (35.9419, -
121.4598); Redwood Creek (36.2825, -121.6745); Rocky Creek (36.3805, -
121.84400); San Jose Creek (36.4662, -121.8118); South Fork Big Sur
River (36.1903, -121.6114); South Fork Little Sur River (36.3026, -
121.8093); Unnamed Tributary (36.2045, -121.6075); Vicente Creek
(36.0463, -121.5780); Villa Creek (35.8525, -121.3973); Wildcat Canyon
Creek (36.4124, -121.8680); Williams Canyon Creek (36.4466, -121.8526);
Willow Creek (35.9050, -121.3851).
(4) Salinas River Hydrologic Unit 3309--(i) Neponset Hydrologic
Sub-area 330911. Outlet(s) = Salinas River (Lat 36.7498, Long -
121.8055); Old Salinas River (36.8080, -121.7854) upstream to
endpoint(s) in: Gabilan Creek (36.6923, -121.6300); Old Salinas River
(36.7728, -121.7884); Tembladero Slough (36.6865, -121.6409).
(ii) Chualar Hydrologic Sub-area 330920. Outlet(s) = Gabilan Creek
(Lat 36.6923, Long -121.6300) upstream.
(iii) Soledad Hydrologic Sub-area 330930. Outlet(s) = Salinas River
(Lat36.4878, Long -121.4688) upstream to endpoint(s) in: Arroyo Seco
River (36.2644, -121.3812); Reliz Creek (36.2438, -121.2881).
(iv) Upper Salinas Valley Hydrologic Sub-area 330940. Outlet(s) =
Salinas River (Lat 36.3183, Long -121.1837) upstream.
(v) Arroyo Seco Hydrologic Sub-area 330960. Outlet(s) = Arroyo Seco
River (Lat 36.2644, Long -121.3812); Reliz Creek ( 36.2438, -121.2881);
Vaqueros Creek (36.2642, -121.3369) upstream to endpoint(s) in: Arroyo
Seco River (36.2041, -121.5002); Calaboose Creek (36.2942, -121.5082);
Church Creek (36.2762, -121.5877); Paloma Creek (36.3195, -121.4894);
Piney Creek (36.3023, -121.5629); Reliz Creek (36.1935, -121.2777);
Rocky Creek (36.2676, -121.5225); Santa Lucia Creek (36.1999, -
121.4785); Tassajara Creek (36.2679, -121.6149); Vaqueros Creek
(36.2479, -121.3369); Willow Creek (36.2059, -121.5642); Zigzag Creek
(36.1763, -121.5475).
(vi) Gabilan Range Hydrologic Sub-area 330970. Outlet(s) = Gabilan
Creek (Lat 36.7800, -121.5836) upstream to endpoint(s) in: Gabilan
Creek (36.7335, -121.4939).
(vii) Paso Robles Hydrologic Sub-area 330981. Outlet(s) = Salinas
River (Lat 35.9241, Long -120.8650) upstream to endpoint(s) in:
Atascadero Creek (35.4468, -120.7010); Eagle Creek (35.4209, -
120.6760); Graves Creek (35.4838, -120.7631); Hale Creek (35.3964, -
120.6702); Jack Creek (35.5815, -120.8560); Nacimiento River (35.7610,
-120.8853); Paso Robles Creek (35.5636, -120.8455); Salinas River
(35.3886, -120.5582); San Antonio River (35.7991, -120.8849); San
Marcos Creek (35.6734, -120.8140); Santa Margarita Creek (35.3923, -
120.6619); Santa Rita Creek (35.5262, -120.8396); Sheepcamp Creek
(35.6145, -120.7795); Summit
[[Page 71964]]
Creek (35.6441, -120.8046); Tassajera Creek (35.3895, -120.6926); Trout
Creek (35.3394, -120.5881); Willow Creek (35.6107, -120.7720).
(5) Estero Bay Hydrologic Unit 3310--(i) San Carpoforo Hydrologic
Sub-area 331011. Outlet(s) = San Carpoforo Creek (Lat 35.7646, Long -
121.3247) upstream to endpoint(s) in: Dutra Creek (-121.3273, 35.8197);
Estrada Creek (-121.2661, 35.7710); San Carpoforo Creek (-121.2745,
35.8202); Unnamed Tributary (-121.2703, 35.7503); Wagner Creek (-
121.2387, 35.8166).
(ii) Arroyo De La Cruz Hydrologic Sub-area 331012. Outlet(s) =
Arroyo De La Cruz (Lat 35.7097, Long -121.3080) upstream to endpoint(s)
in: Arroyo De La Cruz (-121.1722, 35.6986); Burnett Creek (-121.1920,
35.7520); Green Canyon Creek (-121.2314, 35.7375); Marmolejo Creek (-
121.1082, 35.6774); Spanish Cabin Creek (-121.1497, 35.7234); Unnamed
Tributary (-121.1977, 35.7291); West Fork Burnett Creek (-121.2075,
35.7516).
(iii) San Simeon Hydrologic Sub-area 331013. Outlet(s) = Arroyo del
Corral (Lat 35.6838, Long -121.2875); Arroyo del Puerto (35.6432, -
121.1889); Little Pico Creek (35.6336, -121.1639); Oak Knoll Creek
(35.6512, -121.2197); Pico Creek (35.6155, -121.1495); San Simeon Creek
(35.5950, -121.1272) upstream to endpoint(s) in: Arroyo Laguna
(35.6895, -121.2337); Arroyo del Corral (35.6885, -121.2537); Arroyo
del Puerto (35.6773, -121.1713); Little Pico Creek (35.6890, -
121.1375); Oak Knoll Creek (35.6718, -121.2010); North Fork Pico Creek
(35.6886, -121.0861); Pico Creek (35.6640, -121.0685); San Simeon Creek
(35.6228, -121.0561); Steiner Creek (35.6032, -121.0640); Unnamed
Tributary (35.6482, -121.1067); Unnamed Tributary (35.6616, -121.0639);
Unnamed Tributary (35.6741, -121.0981); Unnamed Tributary (35.6777, -
121.1503); Unnamed Tributary (35.6604, -121.1571); Unnamed Tributary
(35.6579, -121.1356); Unnamed Tributary (35.6744, -121.1187); Unnamed
Tributary (35.6460, -121.1373); Unnamed Tributary (35.6839, -121.0955);
Unnamed Tributary (35.6431, -121.0795); Unnamed Tributary (35.6820, -
121.2130); Unnamed Tributary (35.6977, -121.2613); Unnamed Tributary
(35.6702, -121.1884); Unnamed Tributary (35.6817, -121.0885); Van
Gordon Creek (35.6286, -121.0942).
(iv) Santa Rosa Hydrologic Sub-area 331014. Outlet(s) = Santa Rosa
Creek (Lat 35.5685, Long -121.1113) upstream to endpoint(s) in: Green
Valley Creek (35.5511, -120.9471); Perry Creek (35.5323-121.0491);
Santa Rosa Creek (35.5525, -120.9278); Unnamed Tributary (35.5965, -
120.9413); Unnamed Tributary (35.5684, -120.9211); Unnamed Tributary
(35.5746, -120.9746).
(v) Villa Hydrologic Sub-area 331015. Outlet(s) = Villa Creek (Lat
35.4601, Long -120.9704) upstream to endpoint(s) in: Unnamed Tributary
(35.4798, -120.9630); Unnamed Tributary (35.5080, -121.0171); Unnamed
Tributary (35.5348, -120.8878); Unnamed Tributary (35.5510, -120.9406);
Unnamed Tributary (35.5151, -120.9497); Unnamed Tributary (35.4917, -
120.9584); Unnamed Tributary (35.5173, -120.0171); Villa Creek
(35.5352, -120.8942).
(vi) Cayucos Hydrologic Sub-area 331016. Outlet(s) = Cayucos Creek
(Lat 35.4491, Long -120.9079) upstream to endpoint(s) in: Cayucos Creek
(35.4887, -120.8968); Unnamed Tributary (35.5157, -120.9005); Unnamed
Tributary (35.4943, -120.9513); Unnamed Tributary (35.5257, -120.9271).
(vii) Old Hydrologic Sub-area 331017. Outlet(s) = Old Creek (Lat
35.4345, Long -120.8868) upstream to endpoint(s) in: Old Creek
(35.4480, -120.8871)
(viii) Toro Hydrologic Sub-area 331018. Outlet(s) = Toro Creek (Lat
35.4126, Long -120.8739) upstream to endpoint(s) in: Toro Creek
(35.4945, -120.7934); Unnamed Tributary (35.4917, -120.7983).
(ix) Morro Hydrologic Sub-area 331021. Outlet(s) = Morro Creek (Lat
35.3762, Long -120.8642) upstream to endpoint(s) in: East Fork Morro
Creek (35.4218, -120.7282); Little Morro Creek (35.4155, -120.7532);
Morro Creek (35.4280, -120.7518); Unnamed Tributary (35.4292, -
120.8122); Unnamed Tributary (35.4458, -120.7906); Unnamed Tributary
(35.4122, -120.8335); Unnamed Tributary (35.4420, -120.7796).
(x) Chorro Hydrologic Sub-area 331022. Outlet(s) = Chorro Creek
(Lat 35.3413, Long -120.8388) upstream to endpoint(s) in: Chorro Creek
(35.3340, -120.6897); Dairy Creek (35.3699, -120.6911); Pennington
Creek (35.3655, -120.7144); San Bernardo Creek (35.3935, -120.7638);
San Luisito (35.3755, -120.7100); Unnamed Tributary (35.3821, -
120.7217); Unnamed Tributary (35.3815, -120.7350).
(xi) Los Osos Hydrologic Sub-area 331023. Outlet(s) = Los Osos
Creek (Lat 35.3166, Long -120.8112) upstream to endpoint(s) in: Los
Osos Creek (35.2727, -120.7636).
(xii) San Luis Obispo Creek Hydrologic Sub-area 331024. Outlet(s) =
San Luis Obispo Creek (Lat 35.1822, Long -120.7303) upstream to
endpoint(s) in: Brizziolari Creek (35.3236, -120.6411); Froom Creek
(35.2525, -120.7144); Prefumo Creek (35.2615, -120.7081); San Luis
Obispo Creek (35.3393, -120.6301); See Canyon Creek (35.2306, -
120.7675); Stenner Creek (35.3447, -120.6584); Unnamed Tributary
(35.2443, -120.7655).
(xiii) Point San Luis Hydrologic Sub-area 331025. Outlet(s) = Coon
Creek (Lat 35.2590, Long -120.8951); Islay Creek (35.2753, -120.8884)
upstream to endpoint(s) in: Coon Creek (35.2493, -120.7774); Islay
Creek (35.2574, -120.7810); Unnamed Tributary (35.2753, -120.8146);
Unnamed Tributary (35.2809, -120.8147); Unnamed Tributary (35.2648, -
120.7936).
(xiv) Pismo Hydrologic Sub-area 331026. Outlet(s) = Pismo Creek
(Lat 35.1336, Long -120.6408) upstream to endpoint(s) in: East Corral
de Piedra Creek (35.2343, -120.5571); Pismo Creek (35.1969, -120.6107);
Unnamed Tributary (35.2462, -120.5856).
(xvi) Oceano Hydrologic Sub-area 331031. Outlet(s) = Arroyo Grande
Creek (Lat 35.1011, Long -120.6308) upstream to endpoint(s) in: Arroyo
Grande Creek (35.1868, -120.4881); Los Berros Creek (35.0791, -
120.4423).
(6) Maps of proposed critical habitat for the South-central
California Coast O. mykiss ESU follow:
BILLING CODE 3510-22-P
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BILLING CODE 3510-22-C
(j) Southern California O. mykiss (Oncorhynchus mykiss). Critical
habitat is proposed to include the areas defined in the following
units:
[[Page 71970]]
(1) Santa Maria River Hydrologic Unit 3312--(i) Santa Maria
Hydrologic Sub-area 331210. Outlet(s) = Santa Maria River (Lat 34.9710,
Long -120.6494); Sisquoc River (Lat 34.9042, Long -120.3067); Cuyama
River (Lat 34.9042, Long -120.3067) upstream to endpoint(s) in: Santa
Maria River (Lat 34.9042, Long -120.3067); Cuyama River (Lat 34.9058,
Long -120.3018).
(ii) Sisquoc Hydrologic Sub-area 331220. Outlet(s) = Sisquoc River
(Lat 34.8942, Long -120.3053) upstream to endpoint(s) in: La Brea Creek
(Lat 34.8804, Long -120.1308); South Fork La Brea Creek (Lat 34.9543,
Long -119.9783); Unnamed Tributary (Lat 34.9342, Long -120.0579);
Unnamed Tributary (Lat 34.9511, Long -120.0130); North Fork La Brea
Creek (Lat 34.9681, Long -120.0102); Unnamed Tributary (Lat 34.9687,
Long -120.1410); Unnamed Tributary (Lat 34.9626, Long -120.1490);
Unnamed Tributary (Lat 34.9672, Long -120.1184); Unnamed Tributary (Lat
34.9682, Long -120.0980); Unnamed Tributary (Lat 34.9973, Long -
120.0652); Unnamed Tributary (Lat 34.9922, Long -120.0284); Unnamed
Tributary (Lat 35.0158, Long -120.0328); Unnamed Tributary (Lat
34.9464, Long -120.0298); Horse Creek (Lat 34.8373, Long -120.0161);
Manzana Creek (Lat 34.7082, Long -119.8314); Davey Brown Creek (Lat
34.7541, Long -119.9641); Unnamed Tributary (Lat 34.7544, Long -
119.9466); Fish Creek (Lat 34.7532, Long -119.9090); Unnamed Tributary
(Lat 34.7466, Long -119.9038); Unnamed Tributary (Lat 34.7647, Long -
119.8664); Water Canyon (Lat 34.8754, Long -119.9314); Unnamed
Tributary (Lat 34.8726, Long -119.9515); Unnamed Tributary (Lat
34.8884, Long -119.9315); Unnamed Tributary (Lat 34.8660, Long -
119.8972); Abel Canyon (Lat 34.8662, Long -119.8344); Unnamed Tributary
(Lat 34.8677, Long -119.8503); Unnamed Tributary (Lat 34.8608, Long -
119.8531); Unnamed Tributary (Lat 34.8785, Long -119.8448); Unnamed
Tributary (Lat 34.8615, Long -119.8149); Unnamed Tributary (Lat
34.8694, Long -119.8220); Unnamed Tributary (Lat 34.7931, Long -
119.8475); Unnamed Tributary (Lat 34.7846, Long -119.8327); Foresters
Leap (Lat 34.8112, Long -119.7445); Unnamed Tributary (Lat 34.7873,
Long -119.7674); Unnamed Tributary (Lat 34.7866, Long -119.7542);
Unnamed Tributary (Lat 34.8129, Long -119.7704); Unnamed Tributary (Lat
34.7760, Long -119.7439); South Fork Sisquoc River (Lat 34.7300, Long -
119.7868); Unnamed Tributary (Lat 34.7579, Long -119.7989); Unnamed
Tributary (Lat 34.7510, Long -119.7912); Unnamed Tributary (Lat
34.7769, Long -119.7139); Unnamed Tributary (Lat 34.7617, Long -
119.6868); Judell Creek (Lat 34.7613, Long -119.6486); Unnamed
Tributary (Lat 34.7680, Long -119.6494); Unnamed Tributary (Lat
34.7738, Long -119.6483); Unnamed Tributary (Lat 34.7333, Long -
119.6277); Unnamed Tributary (Lat 34.7519, Long -119.6199); Unnamed
Tributary (Lat 34.7188, Long -119.6663); Sisquoc River (Lat 34.7087,
Long -119.6399).
(2) Santa Ynez Hydrologic Unit 3314--(i) Mouth of Santa Ynez
Hydrologic Sub-area 331410. Outlet(s) = Santa Ynez River (Lat 34.6930,
Long -120.6023) upstream to endpoint(s) in: San Miguelito Creek (Lat
34.6310, Long -120.4623).
(ii) Santa Ynez, Salsipuedes Hydrologic Sub-area 331420. Outlet(s)
= Santa Ynez River (Lat 34.6335, Long -120.4116) upstream to
endpoint(s) in: Salsipuedes Creek (Lat 34.5711, Long -120.4066); El
Jaro Cr (Lat 34.5327, Long -120.2851); Llanito Cr (Lat 34.5500, Long -
120.2752); El Callejon (Lat 34.5476, Long -120.2691).
(iii) Santa Ynez, Zaca Hydrologic Sub-area 331430. Outlet(s) =
Santa Ynez River (Lat 34.6172, Long -120.2352) upstream.
(iv) Santa Ynez to Bradbury Hydrologic Sub-area 331440. Outlet(s) =
Santa Ynez River (Lat 34.5847, Long -120.1435) upstream to endpoint(s)
in: Alisal Creek (Lat 34.5465, Long -120.1348); Alamo Pintado Creek
(Lat 34.7207, Long -120.1047); Quiota Creek (Lat 34.5370, Long -
120.0311); Santa Agueda Creek (Lat 34.7288, Long -119.9720); San Lucas
Creek (Lat 34.5558, Long -120.0109); Unnamed Tributary (Lat 34.5646,
Long -120.0033); Hilton Creek (Lat 34.5839, Long -119.9845); Santa Ynez
River (Lat 34.5829, Long -119.9795).
(3) South Coast Hydrologic Unit 3315--(i) Arroyo Hondo Hydrologic
Sub-area 331510. Outlet(s) = Jalama Creek (Lat 34.5119, Long -
120.5013); Cojo Creek (Lat 34.4531, Long -120.4155); San Augustine
Creek (Lat 34.4588, Long -120.3532); Santa Anita Creek (Lat 34.4669,
Long -120.3056); Sacate Creek (Lat 34.4935, Long -120.2990); Alegria
Creek (Lat 34.4688, Long -120.2710); Gaviota Creek (Lat 34.4706, Long -
120.2257); San Onofre Creek (Lat 34.4699, Long -120.1863); Arroyo Hondo
Creek (Lat 34.4735, Long -120.1405); Refugio Creek (Lat 34.4627, Long -
120.0686); El Capitan Creek (Lat 34.4577, Long -120.0215); Gato Creek
(Lat 34.4498, Long -119.9876); Dos Pueblos Creek (Lat 34.4408, Long -
119.9636); Tecolote Creek (Lat 34.4306, Long -119.9163) upstream to
endpoint(s) in: Jalama Creek (Lat 34.5031, Long -120.3605); Escondido
Creek (Lat 34.5663, Long -120.4633); Unnamed Tributary (Lat 34.5527,
Long -120.4538); Cojo Creek (Lat 34.4840, Long -120.4096); La Olla (Lat
34.4836, Long -120.4061); San Augustine Creek (Lat 34.4598, Long -
120.3551); Santa Anita Creek (Lat 34.4742, Long -120.3075); Sacate
Creek (Lat 34.4984, Long -120.2983); Unnamed Tributary (Lat 34.4972,
Long -120.3016); Alegria Creek (Lat 34.4713, Long -120.2704); Gaviota
Creek (Lat 34.5176, Long -120.2170); San Onofre Creek (Lat 34.4853,
Long -120.1881); Arroyo Hondo Creek (Lat 34.5112, Long -120.1694);
Refugio Creek (Lat 34.5110, Long -120.0499); El Capitan Creek (Lat
34.5238, Long -119.9796); Gato Creek (Lat 34.5204, Long -119.9748); Dos
Pueblos Creek (Lat 34.5230, Long -119.9239); Tecolote Creek (Lat
34.5133, Long -119.9049).
(ii) UCSB Slough Hydrologic Sub-area 331531. Outlet(s) = Tecolito
Creek (Lat 34.4179, Long -119.8285); San Pedro Creek (Lat 34.4179, Long
-119.8285) upstream to endpoint(s) in: Carneros Creek (Lat 34.4674,
Long -119.8574); Tecolito Creek (Lat 34.4478, Long -119.8754); Glen
Annie Creek (Lat 34.4985, Long -119.8657); Unnamed Tributary (Lat
34.4774, Long -119.8836); Maria Ygnacio Creek (Lat 34.4900, Long -
119.7820); San Antonio Creek (Lat 34.4553, Long -119.7816); Atascadero
Creek (Lat 34.4690, Long -119.7555); San Jose Creek (Lat 34.4919, Long
-119.8023); San Pedro Creek (Lat 34.4774, Long -119.8349).
(iii) Mission Hydrologic Sub-area 331532. Outlet(s) = Arroyo Burro
Creek (Lat 34.4023, Long -119.7420); Mission Creek (Lat 34.4124, Long -
119.6866); Sycamore Creek (Lat 34.4166, Long -119.6658) upsream to
endpoint(s) in: San Roque Creek (Lat 34.4530, Long -119.7314); Arroyo
Burro Creek (Lat 34.4620, Long -119.7451); Rattlesnake Creek (Lat
34.4633, Long -119.6893); Mission Creek (Lat 34.4482, Long -119.7079);
Sycamore Creek (Lat 34.4609, Long -119.6832).
(iv) San Ysidro Hydrologic Sub-area 331533. Outlet(s) = Montecito
Creek (Lat 34.4167, Long -119.6334); San Ysidro Creek (Lat 34.4191,
Long -119.6244); Romero Creek (Lat 34.4186, Long -119.6198) upstream to
endpoint(s) in: Montecito Creek (Lat 34.4594, Long -119.6532); Unnamed
Tributary (Lat 34.4753, Long -119.6428); Cold Springs Creek (Lat
34.4794, Long -119.6594); San Ysidro Creek (Lat
[[Page 71971]]
34.4686, Long -119.6220); Romero Creek (Lat 34.4452, Long -119.5914).
(v) Carpinteria Hydrologic Sub-area 331534. Outlet(s) = Arroyo
Paredon (Lat 34.4146, Long -119.5551); Carpenteria Salt Marsh (Santa
Monica Creek) (Lat 34.3961, Long -119.5365); Carpenteria Lagoon
(Carpenteria Creek) (Lat 34.3904, Long -119.5195); Rincon Lagoon
(Rincon Creek) (Lat 34.3733, Long -119.4759) upstream to endpoint(s)
in: Arroyo Paredon (Lat 34.4371, Long -119.5471); Carpenteria Salt
Marsh (Santa Monica Creek) (Lat 34.4003, Long -119.5289); Carpenteria
Salt Marsh (Franklin Creek) (Lat 34.3992, Long -119.5265); Carpinteria
Creek (Lat 34.4429, Long -119.4955); Unnamed Tributary (Lat 34.4481,
Long -119.5102); Gobernador Creek (Lat 34.4249, Long -119.4737); Steer
Creek (Lat 34.4687, Long -119.4586); El Dorado Creek (Lat 34.4682, Long
-119.4800); Rincon Lagoon (Rincon Creek) (Lat 34.3757, Long -119.4767).
(4) Ventura River Hydrologic Unit 4402--(i) Ventura Hydrologic Sub-
area 440210. Outlet(s) = Ventura Estuary (Ventura River) (Lat 34.2742,
Long -119.3067) upstream to endpoint(s) in: Canada Larga (Lat 34.3675,
Long -119.2367); Sulphur Canyon (Lat 34.3727, Long -119.2353); Hammond
Canyon (Lat 34.3903, Long -119.2220); Unnamed Tributary (Lat 34.3344,
Long -119.2416); Unnamed Tributary (Lat 34.3901, Long -119.2737).
(ii) Ventura Hydrologic Sub-area 440220. Outlet(s) = Ventura River
(Lat 34.3517, Long -119.3059); San Antonio Creek (Lat 34.3797, Long -
119.3063) upstream to endpoint(s) in: Ventura River (Lat 34.4852, Long
-119.2985); Matilija Creek (Lat 34.4846, Long -119.3076); North Fork
Matilija Creek (Lat 34.5129, Long -119.2728); Coyote Creek (lower) (Lat
34.3735, Long -119.3327).
(iii) Lions Hydrologic Sub-area 440231. Outlet(s) = Lion Creek (Lat
34.4222, Long -119.2632) upstream to endpoint(s) in: Lion Creek (Lat
34.4331, Long -119.1995).
(iv) Thatcher Hydrologic Sub-area 440232. Outlet(s) = San Antonio
Creek (Lat 34.4224, Long -119.2635) upstream to endpoint(s) in: San
Antonio Creek (Lat 34.4674, Long -119.2029); Unnamed Tributary (Lat
34.4729, Long -119.2250); Unnamed Tributary (Lat 34.4948, Long -
119.1934); Thacher Creek (Lat 34.5016, Long -119.1863); Unnamed
Tributary (Lat 34.4876, Long -119.2127); Unnamed Tributary (Lat
34.4992, Long -119.2125); Thacher Creek (Lat 34.4876, Long -119.1675);
Reeves Creek (Lat 34.4902, Long -119.1426).
(5) Santa Clara-Calleguas Hydrologic Unit 4403--(i) Mouth of Santa
Clara Hydrologic Sub-area 440310. Outlet(s) = Santa Clara River (Lat
34.2348, Long -119.2559) upstream.
(ii) Santa Clara, Santa Paula Hydrologic Sub-area 440321. Outlet(s)
= Santa Clara River (Lat 34.2731, Long -119.1464) upstream to
endpoint(s) in: Santa Paula Creek (Lat 34.4500, Long -119.0554).
(iii) Sisar Hydrologic Sub-area 440322. Outlet(s) = Sisar Creek
(Lat 34.4271, Long -119.0900) upstream to endpoint(s) in: Sisar Creek
(Lat 34.4615, Long -119.1303).
(iv) Sespe, Santa Clara Hydrologic Sub-area 440331. Outlet(s) =
Santa Clara River (Lat 34.3513, Long -119.0388); Sespe Creek (Lat
34.3774, Long -118.9562) upstream to endpoint(s) in: Pole Creek (Lat
34.4384, Long -118.8876).
(v) Sespe Hydrologic Sub-area 440332. Outlet(s) = Sespe Creek (Lat
34.4509, Long -118.9249) upstream to endpoint(s) in: Little Sespe Creek
(Lat 34.4598, Long -118.8929); Fourfork Creek (Lat 34.4735, Long -
118.8884); Pine Canyon Creek (Lat 34.4488, Long -118.9651); Unnamed
Tributary (Lat 34.5125, Long -118.9302); West Fork Sespe Creek (Lat
34.5106, Long -119.0492); Alder Creek (Lat 34.5691, Long -118.9519);
Unnamed Tributary (Lat 34.5537, Long -119.0039); Unnamed Tributary (Lat
34.5537, Long -119.0078); Park Creek (Lat 34.5537, Long -119.0019); Red
Reef Creek (Lat 34.5344, Long -119.0432); Timber Creek (Lat 34.5184,
Long -119.0688); Bear Creek (Lat 34.5314, Long -119.1031); Trout Creek
(Lat 34.5869, Long -119.1350); Piedra Blanca Creek (Lat 34.6109, Long -
119.1828); Lion Creek (Lat 34.5047, Long -119.1092); Howard Creek (Lat
34.5459, Long -119.2144); Rose Valley Creek (Lat 34.5195, Long -
119.1747); Tule Creek (Lat 34.5615, Long -119.2977); Unnamed Tributary
(Lat 34.5757, Long -119.3042); Unnamed Tributary (Lat 34.5988, Long -
119.2726); Portrero John Creek (Lat 34.6010, Long -119.2685); Munson
Creek (Lat 34.6152, Long -119.2954); Chorro Grande Creek (Lat 34.6285,
Long -119.3236); Unnamed Tributary (Lat 34.5691, Long -119.3418); Lady
Bug Creek (Lat 34.5724, Long -119.3163); Abadi Creek (Lat 34.6099, Long
-119.4213); Sespe Creek (Lat 34.6295, Long -119.4402).
(vi) Santa Clara, Hopper Canyon, Piru Hydrologic Sub-area 440341.
Outlet(s) = Santa Clara River (Lat 34.3860, Long -118.8702) upstream to
endpoint(s) in: Hopper Creek (Lat 34.4264, Long -118.8299); Santa Clara
River (Lat 34.3996, Long -118.7828); Piru Creek (Lat 34.4613, Long -
118.7528).
(6) Santa Monica Bay Hydrologic Unit 4404--(i) Topanga Hydrologic
Sub-area 440411. Outlet(s) = Topanga Creek (Lat 34.0397, Long -
118.5821) upstream to endpoint(s) in: Topanga Creek (Lat 34.0838, Long
-118.5971).
(ii) Malibu Hydrologic Sub-area 440421. Outlet(s) = Malibu Creek
(Lat 34.0322, Long -118.6787) upstream to endpoint(s) in: Malibu Creek
(Lat 34.0648, Long -118.6978).
(iii) Arroyo Sequit Hydrologic Sub-area 440444. Outlet(s) = Arroyo
Sequit (Lat 34.0445, Long -118.9329) upstream to endpoint(s) in: Arroyo
Sequit (Lat 34.0834, Long -118.9178); West Fork Arroyo Sequit (Lat
34.0909, Long -118.9225).
(7) Calleguas Hydrologic Unit 4408--Calleguas Estuary Hydrologic
Sub-area 440813. Outlet(s) = Mugu Lagoon (Calleguas Creek) (Lat
34.1093, Long -119.0917) upstream to endpoint(s) in: Mugu Lagoon
(Calleguas Creek) (Lat 34.1125, Long -119.0816).
(8) San Juan Hydrologic Unit 4901--(i) Trabuco Hydrologic Sub-area
490121. Outlet(s) = Trabuco Creek (Lat 33.5164, Long -117.6718);
upstream.
(ii) Upper Trabuco Hydrologic Sub-area 490122. Outlet(s) = Trabuco
Creek (Lat 33.6619, Long -117.5789) upstream to endpoint(s) in: Trabuco
Creek (Lat 33.6827, Long -117.4572).
(iii) Middle Trabuco Hydrologic Sub-area 490123. Outlet(s) =
Trabuco Creek (Lat 33.5185, Long -117.6718) upstream.
(iv) Middle San Juan Hydrologic Sub-area 490124. Outlet(s) = San
Juan Creek (Lat 33.5238, Long -117.6127) upstream.
(v) Upper San Juan Hydrologic Sub-area 490125. Outlet(s) = San Juan
Creek (Lat 33.5199, Long -117.5605) upstream to endpoint(s) in: San
Juan Creek (Lat 33.6092, Long -117.4387).
(vi) Mid-upper San Juan Hydrologic Sub-area 490126. Outlet(s) = San
Juan Creek (Lat 33.5241, Long -117.6124) upstream.
(vii) Lower San Juan Hydrologic Sub-area 490127. Outlet(s) = San
Juan Creek (Lat 33.4621, Long -117.6833); Trabuco Creek (Lat 33.5164,
Long -117.6718) upstream.
(viii) Middle San Juan Hydrologic Sub-area 490128. Outlet(s) = San
Juan Creek (Lat 33.4969, Long -117.6551) upstream.
(ix) San Mateo Hydrologic Sub-area 490140. Outlet(s) = San Mateo
Creek (Lat 33.3851, Long -117.5924) upstream to endpoint(s) in: San
Mateo Creek (Lat 33.4827, Long -117.3692); San Mateo Canyon (Lat
33.4957, Long -117.4513).
[[Page 71972]]
(9) Maps of proposed critical habitat for the Southern California
O. mykiss ESU follow:
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(k) Central Valley spring-run chinook (Oncorhynchus tshawytscha).
Critical habitat is proposed to include the areas defined in the
following units:
[[Page 71981]]
(1) Tehama Hydrologic Unit 5504--(i) Lower Stony Creek Hydrologic
Sub-area 550410. Outlet(s) = Glenn-Colusa Canal (Lat 39.6762, Long -
122.0151); Stony Creek (39.7122, -122.0072) upstream to endpoint(s) in:
Glenn-Colusa Canal (39.7122, -122.0072); Stony Creek (39.8178, -
122.3253).
(ii) Red Bluff Hydrologic Sub-area 550420. Outlet(s) = Sacramento
River (Lat 39.6998, Long -121.9419) upstream to endpoint(s) in:
Antelope Creek (40.2023, -122.1275); Big Chico Creek (39.7757, -
121.7525); Blue Tent Creek (40.2284, -122.2551); Burch Creek (39.8526,
-122.1502); Coyote Creek (40.0929, -122.1621); Craig Creek (40.1617, -
122.1350); Deer Creek (40.0144, -121.9481); Dibble Creek (40.2003, -
122.2420); Dye Creek (40.0904, -122.0767); Elder Creek (40.0526, -
122.1717); Jewet Creek (39.8913, -122.1005); Kusal Slough (39.7577, -
121.9699); Lindo Channel (39.7623, -121.7923); McClure Creek (40.0074,
-122.1729); Mill Creek (40.0550, -122.0317); Mud Creek (39.7931, -
121.8865); New Creek (40.1873, -122.1350); Oat Creek (40.0847, -
122.1658); Pine Creek (39.8760, -121.9777); Red Bank Creek (40.1391, -
122.2157); Reeds Creek (40.1687, -122.2377); Rice Creek (39.8495, -
122.1626); Rock Creek (39.8189, -121.9124); Salt Creek (40.1869, -
122.1845); Singer Creek (39.9200, -121.9612); Thomes Creek (39.8822, -
122.5527); Toomes Creek (39.9808, -122.0642); Unnamed Tributary
(39.8532, -122.1627); Unnamed Tributary (40.1682, -122.1459).
(2) Whitmore Hydrologic Unit 5507--(i) Inks Creek Hydrologic Sub-
area 550711. Outlet(s) = Inks Creek (Lat 40.3305, Long -122.1520)
upstream to endpoint(s) in: Inks Creek (40.3418, -122.1332).
(ii) Battle Creek Hydrologic Sub-area 550712. Outlet(s) = Battle
Creek (Lat 40.4083, Long -122.1102) upstream to endpoint(s) in: Battle
Creek (40.4228, -121.9975); North Fork Battle Creek (40.4746, -
121.8436); South Fork Battle Creek (40.3549, -121.6861).
(iii) Inwood Hydrologic Sub-area 550722. Outlet(s) = Bear Creek
(Lat 40.4352, Long -122.2039) upstream to endpoint(s) in: Bear Creek
(40.4859, -122.1529); Dry Creek (40.4574, -122.1993).
(3) Redding Hydrologic Unit 5508--(i) Enterprise Flat Hydrologic
Sub-area 550810. Outlet(s) = Sacramento River (Lat 40.2526, Long -
122.1707) upstream to endpoint(s) in: Anderson Creek (40.3910, -
122.1984); Ash Creek (40.4451, -122.1815); Battle Creek (40.4083, -
122.1102); Churn Creek (40.5431, -122.3395); Clear Creek (40.5158, -
122.5256); Cow Creek (40.5438, -122.1318); Olney Creek (40.5262, -
122.3783); Paynes Creek (40.2810, -122.1587); South Cow Creek (40.5440,
-122.1314); Stillwater Creek (40.4789, -122.2597).
(ii) Lower Cottonwood Hydrologic Sub-area 550820. Outlet(s) =
Cottonwood Creek (Lat 40.3777, Long -122.1991) upstream to endpoint(s)
in: Cottonwood Creek (40.3943, -122.5254); Middle Fork Cottonwood Creek
(40.3314, -122.6663); South Fork Cottonwood Creek (40.1578, -122.5809).
(4) Eastern Tehama Hydrologic Unit 5509--(i) Big Chico Creek
Hydrologic Sub-area 550914. Outlet(s) = Big Chico Creek (Lat 39.7777,
Long -121.7495) upstream to endpoint(s) in: Big Chico Creek (39.8873, -
121.6979).
(ii) Deer Creek Hydrologic Sub-area 550920. Outlet(s) = Deer Creek
(Lat 40.0144, Long -121.9481) upstream to endpoint(s) in: Deer Creek
(40.2019, -121.5130).
(iii) Upper Mill Creek Hydrologic Sub-area 550942. Outlet(s) = Mill
Creek (Lat 40.0550, Long -122.0317) upstream to endpoint(s) in: Mill
Creek (40.3997, -121.5135).
(iv) Antelope Creek Hydrologic Sub-area 550963. Outlet(s) =
Antelope Creek (Lat 40.2023, Long -122.1272) upstream to endpoint(s)
in: Antelope Creek (40.2416, -121.8630); North Fork Antelope Creek
(40.2691, -121.8226); South Fork Antelope Creek (40.2309, -121.8325).
(5) Sacramento Delta Hydrologic Unit 5510--Sacramento Delta
Hydrologic Sub-area 551000. Outlet(s) = Sacramento River (Lat 38.0612,
Long -121.7948) upstream to endpoint(s) in: Cache Slough (38.3078, -
121.7592); Delta Cross Channel (38.2433, -121.4964); Elk Slough
(38.4140, -121.5212); Elkhorn Slough (38.2898, -121.6271); Georgiana
Slough (38.2401, -121.5172); Miners Slough (38.2864, -121.6051);
Prospect Slough (38.1477, -121.6641); Sevenmile Slough (38.1171, -
121.6298); Steamboat Slough (38.1123, -121.5966); Sutter Slough
(38.3321, -121.5838); Threemile Slough (38.1155, -121.6835); Yolo
Bypass (38.5800, -121.5838).
(6) Valley-Putah-Cache Hydrologic Unit 5511--Lower Putah Creek
Hydrologic Sub-area 551120. Outlet(s) = Yolo Bypass (Lat 38.5800, Long
-121.5838) upstream to endpoint(s) in: Sacramento Bypass (38.6057, -
121.5563); Yolo Bypass (38.7627, -121.6325).
(7) Marysville Hydrologic Unit 5515--(i) Lower Yuba River
Hydrologic Sub-area 551530. Outlet(s) = Yuba River (Lat 39.1270, Long -
121.5981) upstream to endpoint(s) in: Yuba River (39.2203, -121.3314).
(ii) Lower Feather River Hydrologic Sub-area 551540. Outlet(s) =
Feather River (Lat 39.1270, Long -121.5981) upstream to endpoint(s) in:
Feather River (39.5203, -121.5475).
(8) Yuba River Hydrologic Unit 5517--(i) Browns Valley Hydrologic
Sub-area 551712. Outlet(s) = Dry Creek (Lat 39.2207, Long -121.4088);
Yuba River (39.2203, -121.3314) upstream to endpoint(s) in: Dry Creek
(39.3201, -121.3117); Yuba River (39.2305, -121.2813).
(ii) Englebright Hydrologic Sub-area 551714. Outlet(s) = Yuba River
(Lat 39.2305, Long -121.2813) upstream to endpoint(s) in: Yuba River
(39.2388, -121.2698).
(iii) Nevada City Hydrologic Sub-area 551720. Outlet(s) = Deer
Creek (Lat 39.2303, Long -121.2813) upstream to endpoint(s) in: Deer
Creek (39.2354, -121.2192).
(9) Valley-American Hydrologic Unit 5519--Pleasant Grove Hydrologic
Sub-area 551922. Outlet(s) = Sacramento River (Lat 38.5965, Long -
121.5086) upstream to endpoint(s) in: Feather River (39.1264, -
121.5984).
(10) Colusa Basin Hydrologic Unit 5520--(i) Sycamore-Sutter
Hydrologic Sub-area 552010. Outlet(s) = Sacramento River (Lat 38.7604,
Long -121.6767) upstream.
(ii) Sutter Bypass Hydrologic Sub-area 552030. Outlet(s) =
Sacramento River (Lat 38.7851, Long -121.6238) upstream to endpoint(s)
in: Butte Creek (39.1987, -121.9285); Butte Slough (39.1987, -
121.9285); Nelson Slough (38.8901, -121.6352); Sacramento Slough
(38.7843, -121.6544); Sutter Bypass (39.1417, -121.8196; 39.1484, -
121.8386); Unnamed Tributary (39.1586, -121.8747).
(iii) Butte Basin Hydrologic Sub-area 552040. Outlet(s) = Butte
Creek (Lat 39.1990, Long -121.9286); Sacramento River (39.4141, -
122.0087) upstream to endpoint(s) in: Butte creek (39.1949, -121.9361);
Colusa Bypass (39.2276, -121.9402); Unnamed Tributary (39.6762, -
122.0151).
(11) Butte Creek Hydrologic Unit 5521--Upper Little Chico
Hydrologic Sub-area 552130. Outlet(s) = Butte Creek (Lat 39.7096, -
121.7504) upstream to endpoint(s) in Butte Creek 3(9.8665, -121.6344).
(12) Shasta Bally Hydrologic Unit 5524--(i) Platina Hydrologic Sub-
area 552436. Outlet(s) = Middle Fork Cottonwood Creek (Lat 40.3314, -
122.6663) upstream to endpoint(s) in Beegum Creek (40.3066, -122.9205);
[[Page 71982]]
Middle Fork Cottonwood Creek (40.3655, -122.7451).
(ii) Spring Creek Hydrologic Sub-area 552440. Outlet(s) =
Sacramento River (Lat 40.5943, Long -122.4343) upstream to endpoint(s)
in: Sacramento River (40.6116, -122.4462)
(iii) Kanaka Peak Hydrologic Sub-area 552462. Outlet(s) = Clear
Creek (Lat 40.5158, Long -122.5256) upstream to endpoint(s) in: Clear
Creek (40.5992, -122.5394).
(13) Maps of proposed critical habitat for the Central Valley
spring-run chinook salmon ESU follow:
BILLING CODE 3510-22-P
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(l) Central Valley O. mykiss (Oncorhynchus mykiss). Critical
habitat is proposed to include the areas defined in the following
units:
[[Page 71995]]
(1) Tehama Hydrologic Unit 5504--(i) Lower Stony Creek Hydrologic
Sub-area 550410. Outlet(s) = Stony Creek (Lat 39.6760, Long -121.9732)
upstream to endpoint(s) in: Stony Creek (39.8199, -122.3391).
(ii) Red Bluff Hydrologic Sub-area 550420. Outlet(s) = Sacramento
River (Lat 39.6998, Long -121.9419) upstream to endpoint(s) in:
Antelope Creek (40.2023, -122.1272); Big Chico Creek (39.7757,-
121.7525); Blue Tent Creek (40.2166, -122.2362); Burch Creek (39.8495,
-122.1615); Butler Slough (40.1579, -122.1320); Craig Creek (40.1617, -
122.1350); Deer Creek (40.0144, -121.9481); Dibble Creek (40.2002, -
122.2421); Dye Creek (40.0910, -122.0719); Elder Creek (40.0438, -
122.2133); Lindo Channel (39.7623, -121.7923); McClure Creek (40.0074,
-122.1723); Mill Creek (40.0550, -122.0317); Mud Creek (39.7985, -
121.8803); New Creek (40.1873, -122.1350); Oat Creek (40.0769, -
122.2168); Red Bank Creek (40.1421, -122.2399); Rice Creek (39.8484, -
122.1252); Rock Creek (39.8034, -121.9403); Salt Creek (40.1572, -
122.1646); Thomes Creek (39.8822, -122.5527); Unnamed Tributary
(40.1867, -122.1353); Unnamed Tributary (40.1682, -122.1459); Unnamed
Tributary (40.1143, -122.1259); Unnamed Tributary (40.0151, -122.1148);
Unnamed Tributary (40.0403, -122.1009); Unnamed Tributary (40.0514, -
122.0851); Unnamed Tributary (40.0530, -122.0769).
(2) Whitmore Hydrologic Unit 5507--(i) Inks Creek Hydrologic Sub-
area 550711. Outlet(s) = Inks Creek (Lat 40.3305, Long -122.1520)
upstream to endpoint(s) in: Inks Creek (40.3418, -122.1332).
(ii) Battle Creek Hydrologic Sub-area 550712. Outlet(s) = Battle
Creek (Lat 40.4083, Long -122.1102) upstream to endpoint(s) in: Baldwin
Creek (40.4369, -121.9885); Battle Creek (40.4228, -121.9975); Brush
Creek (40.4913, -121.8664); Millseat Creek (40.4808, -121.8526); Morgan
Creek (40.3654, -121.9132); North Fork Battle Creek (40.4877, -
121.8185); Panther Creek (40.3897, -121.6106); South Ditch (40.3997, -
121.9223); Ripley Creek (40.4099, -121.8683); Soap Creek (40.3904, -
121.7569); South Fork Battle Creek (40.3531, -121.6682); Unnamed
Tributary (40.3567, -121.8293); Unnamed Tributary (40.4592, -121.8671).
(iii) Ash Creek Hydrologic Sub-area 550721. Outlet(s) = Ash Creek
(Lat 40.4401, Long -122.1375) upstream to endpoint(s) in: Ash Creek
(40.4628, -122.0066).
(iv) Inwood Hydrologic Sub-area 550722. Outlet(s) = Ash Creek (Lat
40.4628, Long -122.0066); Bear Creek (40.4352, -122.2039) upstream to
endpoint(s) in: Ash Creek (40.4859, -121.8993); Bear Creek (40.5368, -
121.9560); North Fork Bear Creek (40.5736, -121.8683).
(v) South Cow Creek Hydrologic Sub-area 550731. Outlet(s) = South
Cow Creek (Lat 40.5438, Long -122.1318) upstream to endpoint(s) in:
South Cow Creek (40.6023, -121.8623).
(vi) Old Cow Creek Hydrologic Sub-area 550732. Outlet(s) = Clover
Creek (Lat 40.5788, Long -122.1252); Old Cow Creek (40.5438, -122.1318)
upstream to endpoint(s) in: Clover Creek (40.6305, -122.0304); Old Cow
Creek (40.5442, -122.1317).
(vii) Little Cow Creek Hydrologic Sub-area 550733. Outlet(s) =
Little Cow Creek (Lat 40.6148, -122.2271); Oak Run Creek (40.6171, -
122.1225) upstream to endpoint(s) in: Little Cow Creek (40.7114, -
122.0850); Oak Run Creek (40.6379, -122.0856).
(3) Redding Hydrologic Unit 5508--(i) Enterprise Flat Hydrologic
Sub-area 550810. Outlet(s) = Sacramento River (Lat 40.2526, Long -
122.1707) upstream to endpoint(s) in: Ash Creek (40.4401, -122.1375);
Battle Creek (40.4083, -122.1102); Bear Creek (40.4360, -122.2036);
Churn Creek (40.5986, -122.3418); Clear Creek (40.5158, -122.5256);
Clover Creek (40.5788, -122.1252); Cottonwood Creek (40.3777, -
122.1991); Cow Creek (40.5437, -122.1318); East Fork Stillwater Creek
(40.6495, -122.2934); Inks Creek (40.3305, -122.1520); Little Cow Creek
(40.6148, -122.2271); Oak Run (40.6171, -122.1225); Old Cow Creek
(40.5442, -122.1317); Olney Creek (40.5439, -122.4687); Paynes Creek
(40.3024, -122.1012); Stillwater Creek (40.6264, -122.3056); Sulphur
Creek (40.6164, -122.4077).
(ii) Lower Cottonwood Hydrologic Sub-area 550820. Outlet(s) = Creek
(Lat 40.3777, Long -122.1991) upstream to endpoint(s) in: Cold Fork
Cottonwood Creek (40.2060, -122.6608); Cottonwood Creek (40.3943, -
122.5254); Middle Fork Cottonwood Creek (40.3314, -122.6663); North
Fork Cottonwood Creek (40.4539, -122.5610); South Fork Cottonwood Creek
(40.1578, -122.5809).
(4) Eastern Tehama Hydrologic Unit 5509--(i) Big Chico Creek
Hydrologic Sub-area 550914. Outlet(s) = Big Chico Creek (Lat 39.7757,
Long -121.7525) upstream to endpoint(s) in: Big Chico Creek (39.8898, -
121.6952).
(ii) Deer Creek Hydrologic Sub-area 550920. Outlet(s) = Deer Creek
(Lat 40.0142, Long -121.9476) upstream to endpoint(s) in: Deer Creek
(40.2025, -121.5130).
(iii) Upper Mill Creek Hydrologic Sub-area 550942. Outlet(s) = Mill
Creek (Lat 40.0550, Long -122.0317) upstream to endpoint(s) in: Mill
Creek (40.3766, -121.5098); Rocky Gulch Creek (40.2888, -121.5997).
(iv) Dye Creek Hydrologic Sub-area 550962. Outlet(s) = Dye Creek
(Lat 40.0910, Long -122.0719) upstream to endpoint(s) in: Dye Creek
(40.0996, -121.9612).
(v) Antelope Creek Hydrologic Sub-area 550963. Outlet(s) = Antelope
Creek (Lat 40.2023, Long -122.1272) upstream to endpoint(s) in:
Antelope Creek (40.2416, -121.8630); Middle Fork Antelope Creek
(40.2673, -121.7744); North Fork Antelope Creek (40.2807, -121.7645);
South Fork Antelope Creek (40.2521, -121.7575).
(vi) Paynes Creek Hydrologic Sub-area 550964. Outlet(s) = Paynes
Creek (Lat 40.3024, Long -122.1012) upstream to endpoint(s) in: Paynes
Creek (40.3357, -121.8300).
(5) Sacramento Delta Hydrologic Unit 5510--Sacramento Delta
Hydrologic Sub-area 551000. Outlet(s) = Sacramento River (Lat 38.0653,
Long -121.8418) upstream to endpoint(s) in: Cache Slough (38.2984, -
121.7490); Elk Slough (38.4140, -121.5212); Elkhorn Slough (38.2898, -
121.6271); Georgiana Slough (38.2401, -121.5172); Horseshoe Bend
(38.1078, -121.7117); Lindsey Slough (38.2592, -121.7580); Miners
Slough (38.2864, -121.6051); Prospect Slough (38.2830, -121.6641);
Putah Creek (38.5155, -121.5885); Sevenmile Slough (38.1171, -
121.6298); Streamboat Slough (38.3052, -121.5737); Sutter Slough
(38.3321, -121.5838); Threemile Slough (38.1155, -121.6835); Ulatis
Creek (38.2961, -121.7835); Unnamed Tributary (38.2937, -121.7803);
Unnamed Tributary (38.2937, -121.7804); Yolo Bypass (38.5800, -
121.5838).
(6) Valley-Putah-Cache Hydrologic Unit 5511--Lower Putah Creek
Hydrologic Sub-area 551120. Outlet(s) = Sacramento Bypass (Lat 38.6057,
Long -121.5563); Yolo Bypass (38.5800, -121.5838) upstream to
endpoint(s) in: Sacramento Bypass (38.5969, -121.5888); Yolo Bypass
(38.7627, -121.6325).
(7) American River Hydrologic Unit 5514--Auburn Hydrologic Sub-area
551422. Outlet(s) = Aubourn Ravine (Lat 38.8921, Long -121.2181); Coon
Creek (38.9891, -121.2556); Doty Creek (38.9401, -121.2434) upstream to
endpoint(s) in: Auburn Ravine (38.8888, -121.1151); Coon Creek
(38.9659,
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-121.1781); Doty Creek (38.9105, -121.1244).
(8) Marysville Hydrologic Unit 5515--(i) Lower Yuba River
Hydrologic Sub-area 551530. Outlet(s) = Yuba River (Lat 39.1270, Long -
121.5981) upstream to endpoint(s) in: Bear River (39.2203, -121.3314).
(ii) Lower Feather River Hydrologic Sub-area 551540. Outlet(s) =
Feather River (Lat 39.1264, Long -121.5984) upstream to endpoint(s) in:
Feather River (39.5205, -121.5475).
(9) Yuba River Hydrologic Unit 5517--(i) Browns Valley Hydrologic
Sub-area 551712. Outlet(s) = Dry Creek (Lat 39.2215, Long -121.4082);
Yuba River (39.2203, -121.3314) upstream to endpoint(s) in: Dry Creek
(39.3232, Long -121.3155); Yuba River (39.2305, -121.2813).
(ii) Englebright Hydrologic Sub-area 551714. Outlet(s) = Yuba River
(Lat 39.2305, Long -121.2813) upstream to endpoint(s) in: Yuba River
(39.2399, -121.2689).
(10) Valley-American Hydrologic Unit 5519--(i) Lower American
Hydrologic Sub-area 551921. Outlet(s) = American River (Lat 38.5971, -
121.5088) upstream to endpoint(s) in: American River (38.6373, -
121.2202); Dry Creek (38.7554, -121.2676); Miner's Ravine (38.8429, -
121.1178); Natomas East Main Canal (38.6646, -121.4770); Secret
Ravine(38.8541, -121.1223).
(ii) Pleasant Grove Hydrologic Sub-area 551922. Outlet(s) =
Sacramento River (Lat 38.6026, Long -121.5155) upstream to endpoint(s)
in: Auburn Ravine (38.8913, -121.2424); Coon Creek (38.9883, -
121.2609); Doty Creek (38.9392, -121.2475); Feather River (39.1264, -
121.5984).
(11) Colusa Basin Hydrologic Unit 5520--(i) Sycamore-Sutter
Hydrologic Sub-area 552010. Outlet(s) = Sacramento River (Lat 38.7604,
Long -121.6767) upstream to endpoint(s) in: Tisdale Bypass (39.0261, -
121.7456).
(ii) Sutter Bypass Hydrologic Sub-area 552030. Outlet(s) =
Sacramento River (Lat 38.7851, Long -121.6238) upstream to endpoint(s)
in: Butte Creek (39.1990, -121.9286); Butte Slough (39.1987, -
121.9285); Nelson Slough (38.8956, -121.6180); Sacramento Slough
(38.7844, -121.6544); Sutter Bypass (39.1586, -121.8747).
(iii) Butte Basin Hydrologic Sub-area 552040. Outlet(s) = Butte
Creek (Lat 39.1990, Long -121.9286); Sacramento River (39.4141, -
122.0087) upstream to endpoint(s) in: Butte Creek (39.1949, -121.9361);
Colusa Bypass (39.2276, -121.9402); Little Chico Creek (39.7380, -
121.7490); Little Dry Creek (39.6781, -121.6580).
(12) Butte Creek Hydrologic Unit 5521--(i) Upper Butte Creek
Hydrologic Sub-area 552120. Outlet(s) = Little Chico Creek (Lat
39.7380, Long -121.7490) upstream to endpoint(s) in: Little Chico Creek
(39.8680, -121.6660).
(ii) Upper Little Chico Hydrologic Sub-area 552130. Outlet(s) =
Butte Creek (Lat 39.7097, Long -121.7503) upstream to endpoint(s) in:
Butte Creek (39.8215, -121.6468); Little Butte Creek (39.8159, -
121.5819).
(13) Ball Mountain Hydrologic Unit 5523--Thomes Creek Hydrologic
Sub-area 552310. Outlet(s) = Thomes Creek (39.8822, -122.5527) upstream
to endpoint(s) in: Doll Creek (39.8941, -122.9209); Fish Creek
(40.0176, -122.8142); Snake Creek (39.9945, -122.7788); Thomes Creek
(39.9455, -122.8491); Willow Creek (39.8930, -122.9051).
(14) Shasta Bally Hydrologic Unit 5524--(i) South Fork Hydrologic
Sub-area 552433. Outlet(s) = Cold Fork Cottonwood Creek (Lat 40.2060,
Long -122.6608); South Fork Cottonwood Creek (40.1578, -122.5809)
upstream to endpoint(s) in: Cold Fork Cottonwood Creek (40.1881, -
122.8690); South Fork Cottonwood Creek (40.1232, -122.8761).
(ii) Ono Hydrologic Sub-area 552435. Outlet(s) = North Fork
Cottonwood Creek (Lat 40.4539, Long -122.5610) upstream to endpoint(s)
in: North Fork Cottonwood Creek (40.5005, -122.6972).
(iii) Platina Hydrologic Sub-area 552436. Outlet(s) = Middle Fork
Cottonwood Creek (Lat 40.3314, Long -122.6663) upstream to endpoint(s)
in: Beegum Creek (40.3149, -122.9776): Middle Fork Cottonwood Creek
(40.3512, -122.9629).
(iv) Spring Creek Hydrologic Sub-area 552440. Outlet(s) =
Sacramento River (Lat 40.5943, Long -122.4343) upstream to endpoint(s)
in: Middle Creek (40.5904, -121.04825); Rock Creek (40.6137, -
122.5180); Sacramento River (40.6116, -122.4462); Salt Creek (40.5830,
-122.4586); Unnamed Tributary (40.5734, -122.4844).
(v) Kanaka Peak Hydrologic Sub-area 552462. Outlet(s) = Clear Creek
(Lat 40.5158, Long -122.5256) upstream to endpoint(s) in: Clear Creek
(40.5998, 122.5399).
(15) North Valley Floor Hydrologic Unit 5531--(i) Lower Mokelumne
Hydrologic Sub-area 553120. Outlet(s) = Mokelumne River (Lat 38.2104,
Long -121.3804) upstream to endpoint(s) in: Mokelumne River (38.2263, -
121.0241); Murphy Creek (38.2491, -121.0119).
(ii) Lower Calaveras Hydrologic Sub-area 553130. Outlet(s) =
Calaveras River (Lat 37.9836, Long -121.3110); Mormon Slough (37.9456,
-121.2907) upstream to endpoint(s) in: Calaveras River (38.1025, -
120.8503); Mormon Slough (38.0532, -121.0102); Stockton Diverting Canal
(37.9594, -121.2024).
(16) Upper Calaveras Hydrologic Unit 5533--New Hogan Reservoir
Hydrologic Sub-area 553310. Outlet(s) = Calaveras River (Lat 38.1025,
Long -120.8503) upstream to endpoint(s) in: Calaveras River (38.1502, -
120.8143).
(17) Stanislaus River Hydrologic Unit 5534--Table Mountain
Hydrologic Sub-area 553410. Outlet(s) = Stanislaus River (Lat 37.8355,
Long -120.6513) upstream to endpoint(s) in: Stanislaus River (37.8631,
-120.6298).
(18) San Joaquin Valley Floor Hydrologic Unit 5535--(i) Riverbank
Hydrologic Sub-area 553530. Outlet(s) = Stanislaus River (Lat 37.6648,
Long -121.2414) upstream to endpoint(s) in: Stanislaus River (37.8355,
-120.6513).
(ii) Turlock Hydrologic Sub-area 553550. Outlet(s) = Tuolumne River
(Lat 37.6059, Long -121.1739) upstream.
(iii) Montpelier Hydrologic Sub-area 553560. Outlet(s) = Tuolumne
River (Lat 37.6401, Long -120.6526) upstream to endpoint(s) in:
Tuolumne River (37.6721, -120.4445).
(iv) El Nido-Stevinson Hydrologic Sub-area 553570. Outlet(s) =
Merced River (Lat 37.3505, Long -120.9619) upstream to endpoint(s) in:
Merced River (37.3620, -120.8507).
(v) Merced Hydrologic Sub-area 553580. Outlet(s) = Merced River
(Lat 37.3620, Long -120.8507) upstream to endpoint(s) in: Merced River
(37.4982, -120.4612).
(vi) Fahr Creek Hydrologic Sub-area 553590. Outlet(s) = Merced
River (Lat 37.4982, Long -120.4612) upstream to endpoint(s) in: Merced
River (37.5081, -120.3581).
(19) Delta-Mendota Canal Hydrologic Unit 5541--(i) Patterson
Hydrologic Sub-area 554110. Outlet(s) = San Joaquin River (Lat 37.6763,
Long -121.2653) upstream to endpoint(s) in: San Joaquin River (37.3491,
-120.9759).
(ii) Los Banos Hydrologic Sub-area 554120. Outlet(s) = Merced River
(Lat 37.3490, Long -120.9756) upstream to endpoint(s) in: Merced River
(37.3505, -120.9619).
(20) San Joaquin Delta Hydrologic Unit 5544--San Joaquin Delta
Hydrologic Sub-area 554400. Outlet(s) = San Joaquin River (Lat 38.0246,
Long -121.7471) upstream to endpoint(s) in: Big Break (38.0160, -
121.6849); Bishop Cut (38.0870, -121.4158); Calaveras River (37.9836, -
121.3110); Cosumnes
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River (38.2538, -121.4074); Disappointment Slough (38.0439, -121.4201);
Dutch Slough (38.0088, -121.6281); Empire Cut (37.9714, -121.4762);
False River (38.0479, -121.6232); Frank's Tract (38.0220, -121.5997);
Frank's Tract (38.0300, -121.5830); Holland Cut (37.9939, -121.5757);
Honker Cut (38.0680, -121.4589); Kellog Creek (37.9158, -121.6051);
Latham Slough (37.9716, -121.5122); Middle River (37.8216, -121.3747);
Mokelumne River (38.2104, -121.3804); Mormon Slough (37.9456,-
121.2907); Mosher Creek (38.0327, -121.3650); North Mokelumne River
(38.2274, -121.4918); Old River (37.8086, -121.3274); Orwood Slough
(37.9409, -121.5332); Paradise Cut (37.7605, -121.3085); Pixley Slough
(38.0443, -121.3868); Potato Slough (38.0440, -121.4997); Rock Slough
(37.9754, -121.5795); Sand Mound Slough (38.0220, -121.5997); Stockton
Deep Water Channel (37.9957, -121.4201); Turner Cut (37.9972, -
121.4434); Unnamed Tributary (38.1165, -121.4976); Victoria Canal
(37.8891, -121.4895); White Slough (38.0818, -121.4156); Woodward Canal
(37.9037, -121.4973).
(21) Maps of the proposed critical habitat for the Central Valley
O. mykiss ESU follow:
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[FR Doc. 04-26681 Filed 12-9-04; 8:45 am]
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