[Federal Register Volume 71, Number 69 (Tuesday, April 11, 2006)]
[Proposed Rules]
[Pages 18456-18493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3343]
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Part III
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 17
Proposed Designation of Critical Habitat for the Cirsium hydrophilum
var. hydrophilum (Suisun thistle) and Cordylanthus mollis ssp. mollis
(soft bird's-beak); Proposed Rule
Federal Register / Vol. 71, No. 69 / Tuesday, April 11, 2006 /
Proposed Rules
[[Page 18456]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AU44
Endangered and Threatened Wildlife and Plants; Proposed
Designation of Critical Habitat for the Cirsium hydrophilum var.
hydrophilum (Suisun thistle) and Cordylanthus mollis ssp. mollis (soft
bird's-beak)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
designate critical habitat for Cirsium hydrophilum var. hydrophilum
(Suisun thistle) and Cordylanthus mollis ssp. mollis (soft bird's-beak)
pursuant to the Endangered Species Act of 1973, as amended (Act).
Approximately 2,119 acres (ac) (857 hectares (ha)) fall within the
boundaries of the proposed critical habitat designation for C.
hydrophilum var. hydrophilum in Solano County, California, and
approximately 2,313 ac (936 ha) for C. mollis ssp. mollis in Contra
Costa, Napa, and Solano Counties, California.
DATES: We will accept comments from all interested parties until June
12, 2006. We must receive requests for public hearings, in writing, at
the address shown in the ADDRESSES section by May 26, 2006.
ADDRESSES: If you wish to comment, you may submit your comments and
materials concerning this proposal by any one of several methods:
1. You may submit written comments and information to Field
Supervisor, U.S. Fish and Wildlife Service, Sacramento Fish and
Wildlife Office, 2800 Cottage Way, Room W-2605, Sacramento, California
95825.
2. You may hand-deliver written comments to our Office, at the
above address.
3. You may send comments by electronic mail (e-mail) to
[email protected]. Please see the Public Comments Solicited
section below for file format and other information about electronic
filing.
4. You may fax your comments to (916) 414-6713.
5. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
Comments and materials received, as well as supporting
documentation used in the preparation of this proposed rule, will be
available for public inspection, by appointment, during normal business
hours at Sacramento Fish and Wildlife Office, 2800 Cottage Way, Room W-
2605, Sacramento, California 95825 (telephone (916) 414-6600).
For more information on submitting or viewing comments, see
``Public Comments'' under SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Arnold Roessler, Listing Branch Chief,
Sacramento Fish and Wildlife Office, 2800 Cottage Way, Room W-2605,
Sacramento, California 95825, (telephone (916) 414-6600; facsimile
(916) 414-6713).
SUPPLEMENTARY INFORMATION:
Public Comments
We intend that any final action resulting from this proposal be as
accurate and as effective as possible. Therefore, comments or
suggestions from the public, other concerned governmental agencies, the
scientific community, industry, or any other interested party
concerning this proposed rule are hereby solicited. Comments
particularly are sought concerning:
(1) The reasons any habitat should or should not be determined to
be critical habitat as provided by section 4 of the Act, including
whether the benefit of designation will outweigh any threats to the
subspecies due to designation;
(2) Specific information on the amount and distribution of Cirsium
hydrophilum var. hydrophilum and Cordylanthus mollis ssp. mollis
habitat, and what habitat is essential to the conservation of the
subspecies and why;
(3) Land use designations and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat;
(4) Any foreseeable economic, national security, or other potential
impacts resulting from the proposed designation and, in particular, any
impacts on small entities;
(5) Whether our approach to designating critical habitat could be
improved or modified in any way to provide for greater public
participation and understanding, or to assist us in accommodating
public concerns and comments;
(6) Whether State-, county-, or local government-managed lands that
are within the proposed designation should be excluded from the
designation; and
(7) The relative benefits of designation or exclusion of any lands
for Cirsium hydrophilum var. hydrophilum and Cordylanthus mollis ssp.
mollis in the Suisun Marsh (see Suisun Marsh Management Strategies
section for specifics).
(8) Information concerning pollinator species for C. mollis spp.
mollis and whether sufficient information exists to determine if such a
feature should be considered a primary constituent element for the
subspecies.
If you wish to comment, you may submit your comments and materials
concerning this proposal by any one of several methods (see ADDRESSES
section). Please submit Internet comments to [email protected] in
ASCII file format and avoid the use of special characters or any form
of encryption. Please also include ``Attn: Suisun Plants CH'' in your
e-mail subject header and your name and return address in the body of
your message. If you do not receive a confirmation from the system that
we have received your Internet message, contact us directly by calling
our Sacramento Fish and Wildlife Office at phone number (916) 414-6600.
Please note that the Internet address [email protected] will be
closed out at the termination of the public comment period.
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home addresses from the rulemaking record, which we will honor to
the extent allowable by law. There also may be circumstances in which
we would withhold from the rulemaking record a respondent's identity,
as allowable by law. If you wish us to withhold your name and/or
address, you must state this prominently at the beginning of your
comment, but you should be aware that the Service may be required to
disclose your name and address pursuant to the Freedom of Information
Act. However, we will not consider anonymous comments. We will make all
submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.
Comments and materials received will be available for public
inspection, by appointment, during normal business hours at the above
address.
Designation of Critical Habitat Provides Little Additional Protection
to Species
In 30 years of implementing the Act, the Service has found that the
designation of statutory critical habitat provides little additional
protection to most listed species, while consuming significant amounts
of available conservation resources. The Service's
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present system for designating critical habitat has evolved since its
original statutory prescription (into a process that provides little
real conservation benefit, is driven by litigation and the courts
rather than biology, limits our ability to fully evaluate the science
involved, consumes enormous agency resources, and imposes huge social
and economic costs). The Service believes that additional agency
discretion would allow our focus to return to those actions that
provide the greatest benefit to the species most in need of protection.
Attention to and protection of habitat is paramount to successful
conservation actions. The role that designation of critical habitat
plays in protecting habitat of listed species, however, is often
misunderstood. As discussed in more detail below in the discussion of
exclusions under ESA section 4(b)(2), there are significant limitations
on the regulatory effect of designation under ESA section 7(a)(2). In
brief, (1) designation provides additional protection to habitat only
where there is a Federal nexus; (2) the protection is relevant only
when, in the absence of designation, destruction or adverse
modification of the critical habitat would in fact take place (in other
words, other statutory or regulatory protections, policies, or other
factors relevant to agency decision-making would not prevent the
destruction or adverse modification); and (3) designation of critical
habitat triggers the prohibition of destruction or adverse modification
of that habitat, but it does not require specific actions to restore or
improve habitat.
Currently, only 473 species, or 37 percent of the 1,272 listed
species in the U.S. under the jurisdiction of the Service, have
designated critical habitat. We address the habitat needs of all 1,272
listed species through conservation mechanisms such as listing, section
7 consultations, the section 4 recovery planning process, the section 9
protective prohibitions of unauthorized take, section 6 funding to the
States, the section 10 incidental take permit process, and cooperative,
nonregulatory efforts with private landowners. The Service believes
that it is these measures that may make the difference between
extinction and survival for many species.
In considering exclusions of areas proposed for designation, we
evaluated the benefits of designation in light of Gifford Pinchot Task
Force v. United States Fish and Wildlife Service. In that case, the
Ninth Circuit invalidated the Service's regulation defining
``destruction or adverse modification of critical habitat.'' In
response, on December 9, 2004, the Director issued guidance to be
considered in making section 7 adverse modification determinations.
This proposed critical habitat designation does not use the invalidated
regulation in our consideration of the benefits of including areas in
this final designation. The Service will carefully manage future
consultations that analyze impacts to designated critical habitat,
particularly those that appear to be resulting in an adverse
modification determination. Such consultations will be reviewed by the
Regional Office prior to finalizing to ensure that an adequate analysis
has been conducted that is informed by the Director's guidance.
On the other hand, to the extent that designation of critical
habitat provides protection, that protection can come at significant
social and economic cost. In addition, the mere administrative process
of designation of critical habitat is expensive, time-consuming, and
controversial. The current statutory framework of critical habitat,
combined with past judicial interpretations of the statute, make
critical habitat the subject of excessive litigation. As a result,
critical habitat designations are driven by litigation and courts
rather than biology, and made at a time and under a time frame that
limits our ability to obtain and evaluate the scientific and other
information required to make the designation most meaningful.
In light of these circumstances, the Service believes that
additional agency discretion would allow our focus to return to those
actions that provide the greatest benefit to the species most in need
of protection.
Procedural and Resource Difficulties in Designating Critical Habitat
We have been inundated with lawsuits for our failure to designate
critical habitat, and we face a growing number of lawsuits challenging
critical habitat determinations once they are made. These lawsuits have
subjected the Service to an ever-increasing series of court orders and
court-approved settlement agreements, compliance with which now
consumes nearly the entire listing program budget. This leaves the
Service with little ability to prioritize its activities to direct
scarce listing resources to the listing program actions with the most
biologically urgent species conservation needs.
The consequence of the critical habitat litigation activity is that
limited listing funds are used to defend active lawsuits, to respond to
Notices of Intent (NOIs) to sue relative to critical habitat, and to
comply with the growing number of adverse court orders. As a result,
listing petition responses, the Service's own proposals to list
critically imperiled species, and final listing determinations on
existing proposals are all significantly delayed.
The accelerated schedules of court-ordered designations have left
the Service with limited ability to provide for public participation or
to ensure a defect-free rulemaking process before making decisions on
listing and critical habitat proposals, due to the risks associated
with noncompliance with judicially imposed deadlines. This in turn
fosters a second round of litigation in which those who fear adverse
impacts from critical habitat designations challenge those
designations. The cycle of litigation appears endless, and is very
expensive, thus diverting resources from conservation actions that may
provide relatively more benefit to imperiled species.
The costs resulting from the designation include legal costs, the
cost of preparation and publication of the designation, the analysis of
the economic effects and the cost of requesting and responding to
public comment, and in some cases the costs of compliance with the
National Environmental Policy Act (NEPA). These costs, which are not
required for many other conservation actions, directly reduce the funds
available for direct and tangible conservation actions.
Background
It is our intent to discuss only those topics directly relevant to
the designation of critical habitat in this proposed rule. For more
information on Cirsium hydrophilum var. hydrophilum and Cordylanthus
mollis ssp. mollis, refer to the final listing rule published in the
Federal Register on November 20, 1997 (62 FR 61916).
Tidal marshes in the San Francisco Bay Estuary have been
significantly affected by habitat loss, fragmentation, and degradation
over the last 200 years. San Pablo Bay and Suisun Bay have seen 70 and
79 percent reductions in tidal marshes, respectively (San Francisco
Estuary Institute (SFEI) 1998; Goals Project 1999). A large portion of
historic tidal marshes in San Pablo Bay are diked and managed for
agricultural production and livestock grazing. In Suisun Bay, most
historic tidal marshes are diked and managed for wildlife, especially
waterfowl. Suisun Marsh, the largest managed marsh in the estuary, is
primarily used to provide wintering feeding habitat for migrating
waterfowl (Suisun Ecological Workgroup 2001). These historic reductions
in turn have
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affected the extent and composition of tidal marsh plant communities.
As a result, many native halophytic (salt-tolerant) plants are
exceedingly rare in tidal marshes within the estuary (Goals Project
2000).
Cirsium hydrophilum var. hydrophilum
The original description of Cirsium hydrophilum var. hydrophilum by
Greene (1892) indicated that the subspecies was ``[v]ery common in the
brackish marshes of Suisun Bay, California, where it grows within reach
of tide water.'' Later references (Jepson 1901; Munz and Keck 1968)
indicate that the subspecies was found in marshes or brackish marshes
about Suisun Bay, but these references lacked detailed information on
its distribution. Herbarium records at the University of California at
Davis (UCD) (2005) from 1863 to 1974 indicate that the subspecies
occurred in the Suisun Marsh area. This information suggests that the
subspecies probably did not occur outside of the Suisun Bay area in
Solano County.
By 1975, Cirsium hydrophilum var. hydrophilum was thought to have
been extirpated from Suisun Bay because the subspecies had not been
seen for about 15 years. The subspecies was later rediscovered in 1989
in Suisun Marsh (California Native Plant Society 2001). Populations
(groups of plants based on occurrence records or reports) were
discovered and described during further field surveys in 1991 and 1992
at Rush Ranch (Solano Land Trust) and Peytonia Slough Ecological
Reserve, respectively (California Department of Water Resources (CDWR)
1993 and 1994). The subspecies' current distribution is limited to
scattered colonies within relict undiked high tidal marshes (fully
tidal, emergent estuarine marshes) at Rush Ranch, the Joice Island
portion of Grizzly Island Wildlife Area, and Peytonia Slough Ecological
Reserve in Solano County (L. C. Lee and Associates (LCLA) 2003,
California Natural Diversity Database (CNDDB) 2005). These marshes
occur from the mean high water mark to the marsh'upland ecotone
(transition zone) (Goals Project 1999 and 2000).
There are two areas known to currently support Cirsium hydrophilum
var. hydrophilum (CDWR 1996; CNDDB 2005). These areas are the Rush
Ranch/Grizzly Island Wildlife Area and the Peytonia Slough Ecological
Reserve. Field surveys have found several thousand individual plants at
Rush Ranch and much smaller numbers at Grizzly Island Wildlife Area
(CNDDB 2005; LCLA 2003; CNDDB 2005). The population at the Peytonia
Slough Ecological Reserve declined to a single individual plant
observed in 1996 (CDWR 1996).
Cirsium hydrophilum var. hydrophilum colonies at Rush Ranch/Grizzly
Island Wildlife Area are associated with tidal marsh habitats that are
hydrologically connected to the First and Second Mallard Branches,
Suisun Slough, and Cutoff Slough (CDWR 1996; LCLA 2003). The population
at the Peytonia Slough Ecological Reserve is associated with tidal
marsh habitat hydrologically connected to Peytonia Slough.
Cordylanthus mollis ssp. mollis
Cordylanthus mollis ssp. mollis is endemic to the San Pablo Bay and
Suisun Bay area. The subspecies was historically found in high tidal
marshes along the Petaluma River and Napa River through the Carquinez
Strait to Suisun Bay and the San Joaquin-Sacramento River Delta in
Marin, Sonoma, Napa, Solano, Contra Costa, and Sacramento Counties
(Gray 1867; Munz and Keck 1959; Chuang and Heckard 1973; Rae 1978; UCD
2005). The subspecies is currently found in widely scattered
populations from Point Pinole and Fagan Slough marsh through the
Carquinez Strait to Suisun Bay in Napa, Solano, and Contra Costa
Counties (Stromberg and Villasenor 1986; Ruygt 1994; CNDDB 2005). C.
mollis ssp. mollis has been listed as rare within its range since July
1979 under the Native Plant Protection Act of 1977 and California
Endangered Species Act of 1984 (California Department of Fish and Game
(CDFG) 2006).
The largest populations of Cordylanthus mollis ssp. mollis are
found in Suisun Marsh (Rush Ranch, the Joice Island portion of Grizzly
Island Wildlife Area, and Hill Slough Wildlife Area in Solano County),
Fagan Slough Marsh (Fagan Marsh Ecological Reserve in Napa County),
Southampton Marsh (Benicia State Recreation Area in Solano County), and
the Concord Naval Weapons Station (CNWS) in Contra Costa County
(Stromberg and Villasenor 1986; Ruygt 1994; Rejmankova and Grewell
2000; CNDDB 2005). There are eight occurrences considered extirpated
(Antioch Bridge; Beldons Landing, Bentley Wharf, Cullinan Ranch, Mare
Island, Martinez, Petaluma Marsh, and San Antonio Creek Marsh) in
Marin, Sonoma, Napa, Solano, Contra Costa, and Sacramento Counties
because of habitat loss or degradation, or the inability of finding the
subspecies after extensive and repeated field surveys (Ruygt 1994;
CNDDB 2005).
Cordylanthus mollis ssp. mollis has a high degree of population
size variability from year-to-year at any given location. Periodic
field surveys have shown that most extant locations have high densities
of plants numbering in the thousands to the tens of thousands within
small, localized populations (Stromberg and Villasenor 1986; Ruygt
1994; CNDDB 2005). Other locations consist of widely scattered
populations with few individual plants. Some populations may fail to
appear entirely for several years and reappear later in the same
general area. The reasons for the population fluctuations are not well
known.
Suisun Marsh Management Strategies
In evaluating areas to propose as critical habitat for Cirsium
hydrophilum var. hydrophilum and Cordylanthus mollis ssp. mollis, we
recognized that Federal, State, and local conservation planning efforts
in the Suisun Marsh are ongoing. This proposed designation includes all
habitat in the Suisun Marsh for the two subspecies that meets our
criteria for identifying the essential features for the two subspecies,
including lands that are a part of these planning efforts. We seek
public comment about whether the developing Suisun Marsh Habitat
Management, Preservation, and Restoration Plan and the previously
developed Suisun Marsh Protection Plan would provide an alternative to
a critical habitat designation that provides special management for
those physical and biological characteristics that are essential to the
conservation of the subspecies. The potential result of the plan would
be to avoid critical habitat designation because the special management
or protection would not be necessary or the benefits of excluding the
areas as critical habitat outweigh the benefits of inclusion. One
reason the benefits of exclusion could outweigh those of inclusion is
that designating a particular area might prevent the implementation of
a local plan which would otherwise provide a greater benefit to the
species.
It is the Service's goal to identify and support innovative
cooperative conservation approaches that have a similar or greater
likelihood of providing for the conservation of listed subspecies when
compared to traditional regulatory approaches such as designation of
critical habitat. In our determination of whether habitat is in need of
``special management or protection,'' the Service will evaluate the
Suisun Marsh Habitat Management, Preservation, and Restoration Plan and
the previously developed Suisun Marsh Protection Plan to determine
whether their implementation would provide a
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similar or greater level of conservation benefits to the Cirsium
hydrophilum var. hydrophilum and Cordylanthus mollis ssp. mollis when
compared to a final designation of critical habitat. The two management
strategies are outlined below.
The Suisun Marsh Protection Plan and the Suisun Marsh Preservation Act
The Suisun Marsh Protection Plan of 1976 (SMPP) establishes a
``primary management area'' in Suisun Marsh that encompasses the entire
range of Cirsium hydrophilum var. hydrophilum, and also includes the
areas we propose as critical habitat units 2 and 4 for Cordylanthus
mollis ssp. mollis (SFBCDC 2006, 1976). The Plan recommends that areas
within the primary management area ``should be protected and managed to
enhance the quality and diversity of the habitats' (SFBCDC 2006). It
further recommends that ``[t]he tidal marshes in the primary management
area should be preserved'' and that ``[w]here feasible historic marshes
should be returned to wetland status.'' The SMPP was incorporated into
State law by the Suisun Marsh Preservation Act of 1977 (SMPA), which
utilizes a State-level permitting process and a county-level protection
program to prevent development in the marsh that is inconsistent with
the SMPP (SFBCDC 2005).
Suisun Marsh Habitat Management, Preservation, and Restoration Plan
The Suisun Marsh Habitat Management, Preservation, and Restoration
Plan (SMHMP) is being developed by the Suisun Marsh Charter Group
(Charter Group), a collaborative effort among of Federal, State and
local agencies with primary responsibility for actions in the Suisun
Marsh. The Charter Group principal agencies are the Service, USBR,
CDFG, DWR, Suisun Resource Conservation District, California Bay--Delta
Authority, and National Oceanic and Atmospheric Administration's
National Marine Fisheries Service. Additional public entities
participating in the Charter Group include: U.S. Army Corps of
Engineers (USACE), San Francisco Bay Conservation and Development
Commission, and San Francisco Bay--Delta Science Consortium. The
Service and USBR are participating as National Environmental Policy Act
(NEPA) co-lead Federal agencies, and the CDFG is the lead California
Environmental Quality Act (CEQA) State agency, for the development of
the Programmatic Environmental Impact Statement/Report (PEIS/R). These
lead agencies will oversee the environmental review process for the
SMHMP.
The Charter Group was formed in 2001 to resolve issues of amending
the Suisun Marsh Preservation Agreement (SMPA), obtain a Regional
General Permit from the USACE, implement the Suisun Marsh Levee
Program, and recover threatened and endangered species. The broader
purpose of the Charter Group was to develop and agree on a long-term
implementation plan for the Suisun Marsh consistent with, and in the
context of, the CALFED Bay--Delta Program (a consortium of State and
Federal agencies working cooperatively to improve the quality and
reliability of California's water supplies while restoring the Bay--
Delta ecosystem). The mission of the CALFED Bay--Delta Program is to
develop and implement a long-term comprehensive plan that will restore
ecological health and improve water management for beneficial uses of
the Bay-Delta System.
The Charter Group has been charged with developing a regional plan
that would outline the actions needed in Suisun Marsh to preserve and
enhance managed seasonal wetlands, restore tidal marsh habitat,
implement a comprehensive levee protection and improvement program, and
protect ecosystem and drinking water quality. The proposed SMHMP would
be consistent with the goals and objectives of the Bay--Delta Program,
and balance them with SMPA, Federal and State Endangered Species Acts,
and other management and restoration programs within the Suisun Marsh
in a manner responsive to the concerns of all stakeholders, and based
upon voluntary participation by private landowners. The proposed SMHMP
also would provide for simultaneous protection and enhancement of: (1)
The Pacific Flyway and existing wildlife values in managed wetlands;
(2) threatened and endangered species; (3) tidal marshes and other
ecosystems; and (4) water quality, including, but not limited to, the
maintenance and improvement of levees. The SMHMP has seven goals:
Goal 1, Ecological Processes: Rehabilitate natural
processes where feasible in the Suisun Marsh to more fully support,
with minimal human intervention, natural aquatic and associated
terrestrial biotic communities and habitats, in ways that favor
native species of those communities, with a particular interest in
waterfowl and sensitive species.
Goal 2, Habitats: Protect, restore, and enhance habitat
types where feasible in the Suisun Marsh for ecological and public
values, such as supporting species and biotic communities,
ecological processes, recreation, scientific research, and
aesthetics.
Goal 3, Levee System Integrity: Provide long-term
protection for multiple Suisun Marsh resources by maintaining and
improving the integrity of the Suisun Marsh levee system.
Goal 4, Non-Native Species: Prevent the establishment
of additional non-native species and reduce the negative ecological
and economic impact of established non-native species in the Suisun
Marsh.
Goal 5, Water and Sediment Quality: Maintain or improve
water and sediment quality conditions to provide good quality water
for all beneficial uses and fully support healthy and diverse
aquatic ecosystems in the Suisun Marsh; and to eliminate, to the
extent possible, toxic impacts to aquatic organisms, wildlife, and
people.
Goal 6, Public Use and Waterfowl Hunting: Maintain the
heritage of waterfowl hunting and increase the surrounding
communities' awareness of the ecological values of the Suisun Marsh.
Goal 7, Long-Term Funding, Plan Implementation, and
Regulatory Reliability and Efficiency: Develop and implement a plan
that: (1) Addresses long-term funding, (2) creates an efficient and
reliable regulatory climate, (3) promotes effective management
practices, and (4) improves coordination of activities among
agencies within and adjacent to the Suisun Marsh.
The Charter Group is committed to a planning process, consistent
with the CALFED Record of Decision that includes strong local
involvement, is integrated with other programs, uses the best available
scientific and commercial information, and is open and transparent.
Public scoping has been completed for the PEIS/R. The Service's
External Affairs Program is conducting ongoing public outreach through
the publication of a newsletter. When the Draft PEIS/R is completed, it
will be available for public review and comment. The SMHMP is in the
final stages of development, and it is anticipated that the Draft PEIS/
R will be available for public review and comment in the fall of 2006
before the final designation of critical habitat. Once the SMHMP has
been finalized and the Draft PEIS/R is available to the public, we will
reopen the comment period on this proposal to solicit comments. We
recognize that the public is not able to comment on specific aspects of
the plan without it being available for review, but we would like to
solicit public comments as described below.
Public Comments Solicited
In addition to the analysis conducted when assessing potential
economic impacts of the Cirsium hydrophilum var. hydrophilum and
Cordylanthus mollis ssp. mollis critical habitat designation, the
Secretary will evaluate other considerations as part of the 4(b)(2)
exclusion process. As part of the
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Secretary's deliberative process, the Service identifies the benefits
of inclusion and exclusion of various areas.
The Service will evaluate whether the regulatory benefits of
designation of critical habitat in the Suisun Marsh for the Cirsium
hydrophilum var. hydrophilum and Cordylanthus mollis ssp. mollis
outweigh the conservation benefits of implementation of the SMHMP. In
this proposed rule, we are soliciting public comment on the relative
merits of a critical habitat designation when compared to
implementation of the SMHMP. We are particularly interested in public
comment on the following issues:
What is necessary to ensure the conservation of the
Suisun thistle and soft bird's-beak with regard to private lands in
the Suisun Marsh;
Whether areas preserved by the Suisun Marsh Protection
Plan or covered under the SMHMP should be designated as critical
habitat and the degree to which a critical habitat designation would
confer conservation benefits on the Cirsium hydrophilum var.
hydrophilum and Cordylanthus mollis ssp. mollis when compared to the
likely benefits of the alternative SMHMP;
The degree to which the designation or the SMHMP would
educate members of the public such that conservation efforts would
be enhanced;
The degree to which a critical habitat designation or
the SMHMP would have a positive, neutral, or negative impact on
voluntary conservation efforts on privately owned lands;
Whether the tidal restoration and habitat protection
goals proposed in the upcoming SMHMP will protect the habitat
sufficiently; and
Whether a critical habitat designation of private lands
already occupied by the Cirsium hydrophilum var. hydrophilum and
Cordylanthus mollis ssp. mollis and subject to the regulatory
provisions of the Act will provide additional regulatory
conservation benefits to accrue on those lands and whether
traditional methods of regulation under the Act (for example,
section 7 consultation with the USACE) are adequate to provide for
the long-term conservation of the C. hydrophilum var. hydrophilum
and C. mollis ssp. mollis on private lands in the Suisun Marsh.
The Service will evaluate information received on these and other
issues when making a decision concerning the final designation of
critical habitat. Comments on the SMHMP may be sent to the Field
Supervisor of the Sacramento Fish and Wildlife Service (see ADDRESSES
section). Any economic exclusions would be predicated on the results of
the economic analysis.
Previous Federal Actions
Cirsium hydrophilum var. hydrophilum and Cordylanthus mollis ssp.
mollis were listed as endangered in the final listing rule published in
the Federal Register on November 20, 1997 (62 FR 61916). In the final
listing rule for the two subspecies, we determined that the designation
of critical habitat was not prudent because that the designation would
not be beneficial to the conservation of the two subspecies.
On November 17, 2003, the Center for Conservation Biology and
others filed a lawsuit in the Northern District of California against
the Secretary of the Interior, challenging the not prudent
determination of critical habitat for the two subspecies (Center for
Biological Diversity, et al. v. Gale Norton, Secretary of the
Department of the Interior, et al., CV 03-5126-CW). On June 14, 2004,
the U.S. District Court Judge signed an Order granting a stipulated
settlement agreement between the two parties. The Service agreed to
propose critical habitat for the two plant subspecies on or before
April 1, 2006, and finalize the designation on or before April 1, 2007.
For more information on previous Federal actions concerning Cirsium
hydrophilum var. hydrophilum and Cordylanthus mollis ssp. mollis, refer
to the final listing rule published in the Federal Register (62 FR
61916) on November 20, 1997.
Critical Habitat
Critical habitat is defined in section 3 of the Act as--(i) the
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the Act, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) that may require special management
considerations or protection; and (ii) specific areas outside the
geographical area occupied by a species at the time it is listed, upon
a determination that such areas are essential for the conservation of
the species. Conservation, as defined under section 3 of the Act, means
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 the Act are no longer
necessary. Such methods and procedures include, but are not limited to,
all activities associated with scientific resources management such as
research, census, law enforcement, habitat acquisition and maintenance,
propagation, live trapping, and transplantation, and, in the
extraordinary case where population pressures within a given ecosystem
cannot be otherwise relieved, may include regulated taking.
Critical habitat receives protection under section 7 of the Act
through the prohibition against destruction or adverse modification of
critical habitat with regard to actions carried out, funded, or
authorized by a Federal agency. Section 7 requires consultation on
Federal actions that are likely to result in the destruction or adverse
modification of critical habitat. The designation of critical habitat
does not affect land ownership or establish a refuge, wilderness,
reserve, preserve, or other conservation area. Such designation does
not allow government or public access to private lands. Section 7 is a
purely protective measure and does not require implementation of
restoration, recovery, or enhancement measures.
To be included in a critical habitat designation, the habitat
within the area occupied by the species must first have features that
are essential to the conservation of the species. Critical habitat
designations identify, to the extent known using the best scientific
data available, habitat areas that provide essential life cycle needs
of the species (areas on which are found the primary constituent
elements, as defined at 50 CFR 424.12(b)).
Habitat occupied at the time of listing may be included in critical
habitat only if the essential features thereon may require special
management or protection. Thus, we do not include areas where existing
management is sufficient to conserve the species. As discussed below,
such areas may also be excluded from critical habitat pursuant to
section 4(b)(2). Accordingly, when the best available scientific data
do not demonstrate that the conservation needs of the species so
require, we will not designate critical habitat in areas outside the
geographical area occupied by the species at the time of listing. An
area currently occupied by the species but was not known to be occupied
at the time of listing will likely, but not always, be essential to the
conservation of the species and, therefore, typically included in the
critical habitat designation.
The Service's Policy on Information Standards Under the Endangered
Species Act, published in the Federal Register on July 1, 1994 (59 FR
34271), and Section 515 of the Treasury and General Government
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)
and the associated Information Quality Guidelines issued by the
Service, provide criteria, establish procedures, and provide guidance
to ensure that decisions made by the Service represent the best
scientific data available. They require
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Service biologists to the extent consistent with the Act and with the
use of the best scientific data available, to use primary and original
sources of information as the basis for recommendations to designate
critical habitat. When determining which areas are critical habitat, a
primary source of information is generally the listing package for the
species. Additional information sources include the recovery plan for
the species, articles in peer-reviewed journals, conservation plans
developed by States and counties, scientific status surveys and
studies, biological assessments, or other unpublished materials and
expert opinion or personal knowledge. All information is used in
accordance with the provisions of Section 515 of the Treasury and
General Government Appropriations Act for Fiscal Year 2001 (Pub. L.
106-554; H.R. 5658) and the associated Information Quality Guidelines
issued by the Service.
Section 4 of the Act requires that we designate critical habitat on
the basis of the best scientific data available. Habitat is often
dynamic, and species may move from one area to another over time.
Furthermore, we recognize that designation of critical habitat may not
include all of the habitat areas that may eventually be determined to
be necessary for the recovery of the species. For these reasons,
critical habitat designations do not signal that habitat outside the
designation is unimportant or may not be required for recovery.
Areas that support populations, but are outside the critical
habitat designation, will continue to be subject to conservation
actions implemented under section 7(a)(1) of the Act and to the
regulatory protections afforded by the section 7(a)(2) jeopardy
standard, as determined on the basis of the best available information
at the time of the action. Federally funded or permitted projects
affecting listed species outside their designated critical habitat
areas may still result in jeopardy findings in some cases. Similarly,
critical habitat designations made on the basis of the best available
information at the time of designation will not control the direction
and substance of future recovery plans, habitat conservation plans, or
other species conservation planning efforts if new information
available to these planning efforts calls for a different outcome.
Methods
As required by section 4(b)(2) of the Act, we used the best
scientific data available in determining areas that contain the
features that are essential to the conservation of Cirsium hydrophilum
var. hydrophilum and Cordylanthus mollis ssp. mollis. The following
geospatial, tabular data sets were used in determining critical
habitat: occurrence data for C. hydrophilum var. hydrophilum and C.
mollis ssp. mollis (CNDDB 2005); historic and modern habitats of the
San Francisco Bay Estuary (SFEI 1998); data gathered for the
development of the draft recovery plan (Service 2005); Contra Costa,
Napa, and Solano County soil survey data (Natural Resources and
Conservation Service (NRCS) 2005c); vegetation mapping and tidal marsh
data for Suisun Marsh (Vaghti and Keeler-Wolf 2004a and 2004b);
National Wetlands Inventory data for Contra Costa, Napa, and Solano
Counties (National Wetlands Inventory (NWI) 2005); black and white
1:24,000 scale digital orthophoto quarter quadrangles (U.S. Geological
Survey (USGS) dated June/July 1993); Teale data for California wetlands
and hydrography (California Spatial Information Library 2005); color
mosaic 1:9,600 scale digital aerial photographs for Suisun Bay (dated
June 16, 2003) (CDFG 2005c); and 1:24,000 scale digital raster graphics
of USGS topographic quadrangles. Land ownership was determined from
geospatial data sets associated with 2003 parcel data from Contra Costa
and Napa Counties (SFWO 2005), 2005 parcel data for Suisun Marsh (CDFG
2005a), and boundary data for CDFG lands (CDFG 2005b).
Additional information was provided by Brenda Grewell (ecologist
with the U.S. Department of Agriculture (USDA), Agricultural Research
Service at the University of California at Davis) and staff from CDFG,
California Department of Parks and Recreation (CDPR), East Bay Regional
Park District (EBRPD), Solano Land Trust, and the U.S. Department of
the Navy (USDN). We also conducted local site visits at Rush Ranch,
Hill Slough and Grizzly Island Wildlife Areas, Peytonia Slough
Ecological Reserve, Southampton Marsh, Point Pinole Regional Shoreline,
and McAvoy Boat Harbor.
We have reviewed available information that pertains to the habitat
requirements of Cirsium hydrophilum var. hydrophilum and Cordylanthus
mollis ssp. mollis. There is limited information on habitat
requirements for these subspecies, but the primary informational
sources are (1) CNDDB (2005); (2) CDWR (1993, 1994, 1996, 1999, and
2001) correspondence and reports for Suisun Marsh; (3) Baylands
Ecosystem Goals Project (1999 and 2000); and (4) information gathered
for the development of the draft recovery plan for the subspecies
(Service 2005). We reviewed scientific studies and survey reports for
C. hydrophilum var. hydrophilum (LCLA 2003) and C. mollis ssp. mollis
(Stromberg and Villasenor 1986; Ruygt 1994; Rejmankova and Grewell
2000; Grewell et al. 2003; Grewell 2004; EBRPD 2005). A variety of
other non-peer and peer-reviewed articles were reviewed for background
information on wetland ecology and hydrology, plant ecology and
biology, and historical accounts of the San Francisco Bay and Joaquin-
Sacramento River Delta.
Primary Constituent Elements
In accordance with section 3(5)(A)(i) of the Act and regulations at
50 CFR 424.12, in determining which areas to propose as critical
habitat, we are required to base critical habitat determinations on the
best scientific and commercial data available and to consider those
physical and biological features (primary constituent elements (PCEs))
that are essential to the conservation of the subspecies, and that may
require special management considerations and protection. These
include, but are not limited to, space for individual and population
growth and for normal behavior; food, water, air, light, minerals, or
other nutritional or physiological requirements; cover or shelter;
sites for breeding, reproduction, and rearing (or development) of
offspring; and habitats that are protected from disturbance or are
representative of the historic geographical and ecological
distributions of a species.
Space for Individual and Population Growth and Normal Behavior
The San Francisco Bay Estuary is the largest contiguous tidal marsh
system on the Pacific Coast of North America. The estuary undergoes two
daily tidal cycles with large differences between successive high and
low tidal cycles. The primary source of fresh water entering the
estuary is through the San Joaquin-Sacramento River systems (Pestrong
1972; Conomos et al. 1985). Saltwater and seasonal freshwater inflows
into the estuary affect salinity levels, sediment deposition, tidal
flushing, and the vertical extent of marsh vegetation in tidal marshes
(Purer 1942; Josselyn 1983).
The depth, duration, and frequency of tidal flows directly affect
tidal marsh channel networks and distribution of plant communities.
Under natural tidal regimes, channels develop and migrate through
erosion and deposition processes (such as channel undercutting, bank
slumping, and sedimentation) during daily flood and
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ebb flows and seasonal storm events (Pestrong 1965 and 1972; Garofalo
1980). These networks delineate the degree of tidal flooding based on
the width, depth, and elevation of existing channels. The intensity of
tidal events controls the level of tidal flushing within marshes.
Flushing actions as well as seasonal freshwater inflows help to
moderate soil and ground water salinity on a spatial and temporal basis
(Purer 1942; Sanderson 1998; Sanderson et al. 2000 and 2001). These
natural processes acting together impose a strong influence on plant
germination and growth in tidal marshes (Vine and Snow 1984; DeLaune et
al. 1987; Pennings and Callaway 1992; Konisky and Burdick 2004).
Significant changes can occur in tidal marshes, above normal
seasonal conditions, to affect plant distributions when natural tidal
hydrology is artificially modified by construction of tide gates,
mosquito abatement ditches, levees, or other water control structures
to restrict its full tidal range. These include changes to soil
salinity, chemistry, and aeration (for example, leading to soil
subsidence and compaction); lowering of water tables; reductions in
sedimentation rates and vertical marsh accretion; and increases in
organic materials (Mahall and Park 1976; Balling and Resh 1983;
Anisfeld and Benoit 1997; Burdick et al. 1997; Portnoy and Giblin 1997;
Bryant and Chabreck 1998; Kuhn et al. 1999; Portnoy 1999; Goals Project
2000; Reed 2002). This is often followed by a change in the
vegetational composition from typical native halophytic marsh plants to
less salt-tolerant native and non-native plants (Roman et al. 1984;
Goals Project 2000). These changes generally fail to support rare tidal
marsh plants such as Cirsium hydrophilum var. hydrophilum and
Cordylanthus mollis ssp. mollis (Goals Project 2000) and therefore,
only those areas that have been shown to support populations of the two
subspecies or shown to support the features identified as essential for
the two subspecies have been proposed for designation.
Landscape Ecology of Cirsium hydrophilum var. hydrophilum
Most Cirsium hydrophilum var. hydrophilum occurrences are found
along the banks of canals or ditches, within 50 to 100 feet (15.2 to
30.5 meters (m)) of the high water mark of natural tidal channels, and
on tidal floodplains within tidal marshes (CDWR 1993; LCLA 2003; CNDDB
2005). Occurrences in these areas may result from tidal inundations
lowering soil and ground water salinity (tidal flushing) producing a
less stressful environment for plant establishment (Balling and Resh
1983; Sanderson 1998). The subspecies is also most often found in
regularly flooded and permanently saturated habitats (LCLA 2003; NWI
2005). Few occurrences are located in seasonally flooded or saturated
habitats (LCLA 2003). The subspecies does not appear to thrive in diked
wetlands or along narrow fringe high tidal marshes on the outboard side
of levees (CDWR 1994; Goals Project 2000). These areas were not
considered to be capable of sustaining or supporting populations of the
subspecies and have not been included in the proposed designation.
Common native plant associates of Cirsium hydrophilum var.
hydrophilum include Argentina egedii ssp. egedii (Pacific silverweed),
Atriplex prostrate (triangle orache), Cicuta maculate var. bolanderi
(spotted water hemlock), Distichlis spicata (inland saltgrass),
Euthamia occidentalis (western goldentop), Grindelia stricta (Oregon
gumweed), Jaumea carnosa (gray marsh jaumea), Juncus balticus (Baltic
rush), Salicornia virginica (Virginia glasswort), Schoenoplectus
pungens var. pungens (common threesquare), and Senecio hydrophilus
(water ragwort). Common non-native plant associates include Apium
graveolens (wild celery), Lepidium latifolium (broadleaved
peppergrass), and Rumex crispus (curly dock) (CDWR 1994; LCLA 2003;
plant names referenced from NRCS 2005b). Lepidium latifolium is of
special concern since it forms large monotypic patches that displace
native marsh vegetation (Renz 2000). LCLA (2003) observed that the five
most dominate associates at Rush Ranch, based on canopy coverage in
sample plots, were Argentina egedii ssp. egedii, Schoenoplectus pungens
var. pungens, Juncus balticus, Lepidium latifolium, and Grindelia
stricta.
Landscape Ecology of Cordylanthus mollis ssp. mollis
Most extant occurrences of Cordylanthus mollis ssp. mollis are
located in high tidal marshes that receive full tidal inundations (SFEI
1998; CNDDB 2005). Narrow fringe high tidal marshes on the outboard
side of levees do not appear to support the subspecies (CDWR 1994;
Goals Project 2000). Fully tidal marshes at Hill Slough Marsh, Rush
Ranch, the Joice Island portion of Grizzly Island Wildlife Area,
Southampton Marsh, Fagan Slough Marsh, McAvoy Boat Harbor, and Point
Pinole Shoreline account for approximately 80 percent of the total
mapped occurrences from CNDDB (2005). Non-specific occurrences include
data sources with imprecise location information. These data are mapped
as circles of varying radii based on data reliability (Bittman 2001).
There were nine non-specific C. mollis ssp. mollis occurrences (Antioch
Bridge, Bentley Wharf, Cullinan Ranch, Cutting Wharf, Mare Island,
Martinez, McAvoy Boat Harbor, Petaluma Marsh, and San Antonio Creek
Marsh) that were mapped with radii of 0.1 to 1 mile (0.16 to 1.6
kilometers) (CNDDB 2005).
Specific occurrences of Cordylanthus mollis ssp. mollis in muted
high tidal marshes (marshes with reduced tidal range due to physical
impediments (Goals Project 1999, page 79)) are found on the CNWS and a
small area adjacent to the CNWS just north of the General Chemical
plant along the Contra Costa shoreline. They account for approximately
6 percent of all specific occurrences.
Diked and managed marshes account for approximately 14 percent of
all specific Cordylanthus mollis ssp. mollis occurrences. These marshes
are located in the eastern portion of Suisun Marsh and around the
perimeter of high tidal areas at Hill Slough and Fagan Slough marshes.
The occurrence of C. mollis ssp. mollis populations in diked and
managed marshes may likely be a result of dormant seed bank(s) and
associated marsh conditions that still promote their establishment.
However, future land use and management activities in these marshes may
rapidly alter marsh conditions to further restrict or exclude the
subspecies from the local plant community (Goals Project 1999 and
2000).
Populations of Cordylanthus mollis ssp. mollis typically occur
above mean high water to the marsh-upland ecotone (Ruygt 1994; CDWR
1999; Goals Project 1999). Most subspecies occurrences are found in
regularly flooded and permanently saturated habitats (NWI 2005).
Current populations are most often found in mixed halophytic plant
communities with an average canopy height equal to or less than 20.5
inches (in) (52 centimeters (cm)) (Grewell 2003). Tidal events are
important for regulating tidal marsh plant communities and may be a
critical factor in regulating the hemiparasitic life cycle of the
subspecies (Ruygt 1994; Grewell et al. 2003).
Cordylanthus mollis ssp. mollis establishes fragile parasitic root
connections to their host plants by means of a specialized structure
called a haustorium (Chuang and Heckard 1971; Grewell et al. 2003).
These connections produce an extensive network of intertwined roots
that provide the subspecies with part of its
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water and nutritional requirements to augment its growth. C. mollis
ssp. mollis does not appear to have a specific host plant preference
(Grewell 2004). Seedlings will attach to a wide range of host plants,
but not all plants are suitable hosts. Non-native winter annuals such
as Hainardia cylindrical (barbgrass) and Polypogon monspeliensis
(annual rabbitsfoot grass) or native winter annuals such as Juncus
bufonius (toad rush) are not suitable hosts since they typically die
before C. mollis ssp. mollis can flower and produce seeds (Grewell 2003
and 2004). Known suitable hosts include Distichlis spicata (salt
grass), Salicornia virginica (pickleweed), and Jaumea carnosa (marsh
jaumea) (Grewell 2003 and 2004). Seedlings suffer increased mortality
when they germinate near unsuitable hosts or in habitats with a low
availability of suitable hosts (Grewell 2004).
Common native plant associates of Cordylanthus mollis ssp. mollis
include Atriplex prostrate, Cuscuta salina (saltmarsh dodder),
Distichlis spicata, Jaumea carnosa, Limonium californicum (California
sealavender), Plantago maritima (goose tongue), Salicornia virginica,
Symphyotrichum expansum (southwestern annual saltmarsh aster), and
Triglochin maritimum (seaside arrowgrass). A common non-native plant
associate is Polygonum arenastrum (oval-leaf knotweed) (Ruygt 1994;
Grewell 2003; plant names referenced from NRCS 2005b). Cuscuta salina
is the most common plant associate of C. mollis ssp. mollis throughout
its range (Grewell 2003).
Soils
Soil survey data (NRCS 2005c) for Contra Costa, Napa, and Solano
Counties are delineated by soil map units (series). A soil map unit
represents an area dominated by one or several types of soils (NRCS
1995). Each map unit is named based on its taxonomic classification of
the dominant soil(s). Boundaries between soil types are determined by
field surveys and soil models, but may not be fixed, since individual
soils merge into one another as their properties gradually change over
the landscape. The degree of soil genesis is driven by natural and
anthropogenic processes on a landscape level that may further alter
soil properties over time (Buol et al. 1980).
Occurrences of Cirsium hydrophilum var. hydrophilum and
Cordylanthus mollis ssp. mollis used for soil area estimates only
include populations that have a specific polygon mapping precision
(CNDDB 2005). Approximately 92.4 percent (98.3 ac/39.8 ha) of C.
hydrophilum var. hydrophilum occurrences are found on hydric soil
series that are slightly to moderately saline within the first 3 feet
(ft)(0.9 meters (m)) of soil depth (USDA 1993, page 194; NRCS (2005a,
2005c, and 2005d)). C. mollis ssp. mollis occurrences are found on
approximately 91.1 percent (480.7 ac/194.5 ha) of hydric soil series
that are slightly to moderately saline within the first 3 ft (0.9 m) of
soil depth (USDA 1993, page 194; NRCS (2005a , 2005c, and 2005d)).
It is not known whether the respective soil series associated with
occurrences of Cirsium hydrophilum var. hydrophilum and Cordylanthus
mollis ssp. mollis are due to limited seed dispersal, colonization
potential, plant competition, changes in tidal marsh regimes, specific
edaphic requirements, or other potential factors (Ruygt 1994; LCLA
2003; Service 2005). Additional studies are needed to determine how
soils affect the distribution of these subspecies in tidal marshes.
Reproduction in Cirsium hydrophilum var. hydrophilum
Cirsium hydrophilum var. hydrophilum is a perennial plant that dies
after flowering and bearing seeds. Its vegetative period is usually 1
year, but if small vegetative plant size or unfavorable environmental
conditions delay flowering, a plant may grow back from its central root
crown after the winter, and thereby live for more than a year.
Flowering occurs throughout the summer during most years and continues
through the production of ripe seed heads (Service 2005).
Pollination ecology of Cirsium hydrophilum var. hydrophilum has not
been studied to identify specific flower pollinators. Field
observations at Rush Ranch indicate that several bee species may be
important in pollinating the subspecies (LCLA 2003; Service 2005). The
most common species observed gathering pollen at the ranch was the
yellow-faced bumble bee (Bombus vosnesenskii) (LCLA 2003).
The reproductive output of Cirsium hydrophilum var. hydrophilum has
not been quantified for individual plants. Results from sample plot
data at Rush Ranch indicated that 21 percent of the plants were
reproductive flowering adults and the rest were either first or second
year non-flowering individuals (LCLA 2003). Flowering plants may
produce hundreds of seed heads. Seed heads observed in July of 2000 had
three to five ripe seeds per head, but many of them contained aborted
seeds or were found with insect larvae engaged in active seed predation
(Service 2005). Plant-eating insects can significantly limit seed
production and plant demography as seen in several other Cirsium
species (Louda and Potvin 1995; Palmisano and Fox 1997; Louda and
O'Brien 2002; Rand and Louda 2004; Louda et al. 2005; Rose et al.
2005).
Information on short and long distance seed dispersal for Cirsium
hydrophilum var. hydrophilum is lacking. The subspecies usually has a
plumed pappus (tufted appendage) attached to each mature seed to aid in
wind dispersal; however, the plumed pappus may sometimes detach from
the relatively thick-walled, heavy seeds before it disperses (Service
2005). Studies on other species in the same family have shown that most
plumed seeds are wind dispersed only a few meters (Sheldon and Burrows
1973; McEvoy and Cox 1987; Klinkhamer et al. 1988; Wallace et al.
2005). The extent of horizontal seed dispersal is affected in part by
local topography and surrounding vegetation (Sheldon and Burrows 1973;
McEvoy and Cox 1987; Wallace et al. 2005). Streams and tidal flows have
been shown to be important dispersal mechanisms in Cirsium vinaceum
(Sacramento Mountain thistle) and certain halophytic plants (Koutstaal
et al. 1987; Huiskes et al. 1995; Craddock and Huenneke 1997).
The presence of numerous small, discrete colonies of Cirsium
hydrophilum var. hydrophilum as seen by LCLA (2003) at Rush Ranch
suggests that the subspecies may have relatively local breeding micro-
habitats resulting in limited seed dispersal. However, the relatively
tall stature of this subspecies, as compared to other associated tidal
marsh plants, and flat topography of the surrounding marsh could
potentially allow for long distance seed dispersal. It is unlikely that
seeds would be dispersed by attachment to animal fur or feathers since
they have a smooth, glossy seed coat (Service 2005).
Specific conditions for germination and growth of Cirsium
hydrophilum var. hydrophilum are not known, but field observations
suggest they are associated with small gaps or sparsely vegetated
areas. Dense cover of marsh plants in wet years may restrict the
establishment of the subspecies (CDWR 1996 and 1999).
Reproduction in Cordylanthus mollis ssp. mollis
Cordylanthus mollis ssp. mollis, an annual, regenerates from a
persistent, dormant seed bank. The longevity of seed banks is unknown,
but some populations fail to emerge for several years and then
reappear, suggesting
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long-term viability of dormant seeds (Service 2005). The peak seed
germination period occurs during the most frequent tidal inundations in
areas of bare soil (CDWR 1994; Ruygt 1994). Seedling growth rapidly
increases by mid-March when tidal inundations reach an annual low.
Flowering generally reaches a peak in mid-summer and declines by late
August. The number of flowers produced per plant varies greatly and
appears to be dependent on plant height and degree of branching (Ruygt
1994).
Cordylanthus mollis ssp. mollis is probably dependent on insects
for successful pollination and reproduction. Ruygt (1994) observed
three bee species that were visitors to various C. mollis ssp. mollis
populations in Napa and Solano Counties. Bumble bees (Bombus
californicus) were the most frequent visitors seen foraging among
flowers. The low number of potential pollinators at some locations
suggests that the subspecies may rely to some degree on self-
pollination to fertilize flowers within larger populations (Ruygt
1994). During a pollinator exclusion experiment, Ruygt (1994) observed
that several plants were able to produce seeds through self-
fertilization, but the viability of these seeds were not tested or
compared to those for non-experimental plants. Grewell et al. (2003)
observed five bee genera and one bee fly acting as potential
pollinators at a recently reintroduced population of C. mollis ssp.
mollis at Rush Ranch and a natural population at Hill Slough Marsh.
Seed production in Cordylanthus mollis ssp. mollis varies greatly
among individual plants. Mature plants are multi-branched with each
branch producing numerous seed capsules. Sampled capsules from three
populations (Ruygt 1994) contained from 8 to 39 seeds (averaging 23.5
seeds per capsule). Based on this data, the estimated average seed
production at Hill Slough Marsh was 495 seeds per plant (Ruygt 1994).
Stromberg and Villasenor (1986) observed capsules that contained
between 15 to 40 seeds per capsule at several C. mollis ssp. mollis
populations. Grewell (2004) observed up to 32,000 seeds per plant under
ideal growing conditions. However, seed production can be significantly
influenced by flower, fruit, and seed predation from lepidopteran
larvae (Ruygt 1994; Grewell et al. 2003).
Limited information exists on seed dispersal mechanisms for
Cordylanthus mollis ssp. mollis. Seeds may disperse short distances
from parent plants by tidal inundations or animals (Grewell et al.
2003), but successful long distance dispersal by these or other events
have not been documented. Stromberg and Villasenor (1986) observed that
most of the mature seed capsules remained closed on parent plants. They
believed that the majority of the seeds were probably released from
seed capsules after mature plants fell to the ground and decayed. This
would likely result in seeds germinating directly beneath parent
plants. This seed dispersal mechanism may partly explain the reason for
the high densities of plants often seen in some populations.
The deep reticulated seed coat (Chuang and Heckard 1972) of
Cordylanthus mollis ssp. mollis can trap microscopic pockets of air
that allow seeds to float in saline and fresh water (Ruygt 1994). This
feature may enable seeds to disperse during tidal events and establish
local seed banks. Several authors found that tidal events can be
important agents in seed dispersal for a variety of tidal saltwater and
freshwater marsh plants (Koutstaal et al. 1987; Huiskes et al. 1995;
Griffith and Forseth 2002; Wolters and Bakker 2002; Neff and Baldwin
2005). C. mollis ssp. mollis seeds may persist in dormant seed banks
for years, but information on the dynamics of these seed banks is
limited and requires more study (Grewell et al. 2003). Population
expansion is dependent on viable seeds dispersing to appropriate
habitats, germinating, and establishing early parasitic connections to
the roots of suitable tidal marsh host plants.
The specific PCEs required for Cirsium hydrophilum var. hydrophilum
and Cordylanthus mollis ssp. mollis are derived from the biological
needs of the two plants as described above and in the Background
section of this proposal.
Primary Constituent Elements for Cirsium hydrophilum var. hydrophilum
and Cordylanthus mollis ssp. mollis
Pursuant to our regulations, we are required to identify the known
physical and biological features (primary constituent elements (PCEs))
essential to the conservation of Cirsium hydrophilum var. hydrophilum
and Cordylanthus mollis ssp. mollis. All of the areas we are proposing
as critical habitat are occupied by the subspecies, except that one
unit (Hill Slough Marsh) proposed for both subspecies is currently
occupied only by C. mollis ssp. mollis. Efforts are underway to restore
C. hydrophilum var. hydrophilum to that area. All of the proposed
critical habitat areas are within the subspecies' historic geographic
range, and contain physical and biological features essential to the
conservation of the subspecies.
Primary Constituent Elements: The PCEs for C. hydrophilum var.
hydrophilum, based on its known occurrences in Suisun Marsh, are:
(1) Tidally influenced marsh areas (intertidal emergent estuarine
marshes) bounded on the seaward edge by the mean high water line and on
the landward edge by a marsh-upland ecotone; and containing channel
networks influenced by freshwater and saltwater hydrology and
exhibiting full natural tidal inundations to allow for channel
development and migration through erosional and depositional processes
(such as channel undercutting, bank slumping, and sedimentation) during
daily flood and ebb flows and seasonal storm events.
(2) Areas associated with PCE 1 that are: (a) Between the bank and
high water mark of natural tidal channels; (b) along the banks of
tidally influenced canals or ditches; or (c) within tidally influenced
floodplains that contain hydric soils that are slightly to moderately
saline (4 to 16 decisiemens/meter (dS/m)) within the first 3 ft (0.9 m)
of soil depth.
Primary Constituent Elements: The PCEs for Cordylanthus mollis ssp.
mollis, based on its known occurrences, are:
(1) Tidally influenced marsh areas (intertidal emergent estuarine
marshes) bounded on the seaward edge by the mean high water line and on
the landward edge by a marsh-upland ecotone; and containing channel
networks influenced by freshwater and saltwater hydrology and
exhibiting full natural tidal inundations to allow for channel
development and migration through erosional and depositional processes
(such as channel undercutting, bank slumping, and sedimentation) during
daily flood and ebb flows and seasonal storm events.
(2) Areas associated with PCE 1 that are within tidally influenced
marsh floodplains that contain hydric soils that are slightly to
moderately saline (4 to 16 dS/m) within the first 3 ft (0.9 m) of soil
depth.
(3) Tidal marsh habitats within PCE 1 and PCE 2 that have native
halophytic plant communities with an average canopy height equal to or
less than 20.5 in (52 cm);
(4) Areas within PCE 1 and PCE 2 that provide for a sufficient
number of suitable host plants, including but not limited to Distichlis
spicata, Salicornia virginica, and Jaumea carnosa. These host plants
provide the subspecies with water and nutritional requirements to
augment its growth.
This proposed designation is designed for the conservation of PCEs
necessary
[[Page 18465]]
to support the life history functions that were the basis for the
proposal. Because not all life history functions require all the PCEs,
not all proposed critical habitat will contain all the PCEs.
Each of the areas proposed in this rule have been determined to
contain sufficient PCEs to provide for one or more of the life history
functions of the two subspecies. In some cases, the PCEs exist as a
result of ongoing Federal actions. As a result, ongoing Federal actions
at the time of designation will be included in the baseline in any
consultation conducted subsequent to this designation.
Criteria Used To Identify Critical Habitat
We are proposing to designate critical habitat on lands that we
have determined were occupied at the time of listing and contain the
features essential to the conservation of Cirsium hydrophilum var.
hydrophilum and Cordylanthus mollis ssp. mollis. We are also proposing
to designate one unit of unoccupied habitat (Hill Slough Marsh) for C.
hydrophilum var. hydrophilum that we have determined is essential to
the conservation of that subspecies. This same area is also proposed as
critical habitat for C. mollis ssp. mollis and is occupied by that
subspecies (both now and at the time of listing).
Criteria for Cirsium hydrophilum var. hydrophilum
The tidally influenced habitat required for Cirsium hydrophilum
var. hydrophilum survival has been greatly reduced. Of the estimated
71,000 ac (29,000 ha) of tidal marsh habitat originally within the
Suisun Marsh, only about 9,300 ac (3,800 ha) remained as tidal marsh in
1989 (Dedrick 1989). Most of this area is backed by steep levees,
allowing for little or no tidally influenced transitional wetland
habitat required for the subspecies as identified in the PCE section
above. The distribution of C. hydrophilum var. hydrophilum has also
been greatly reduced. In 1975, the plant was deemed to be extirpated
due to a 15-year absence from known locations within the Suisun Marsh.
Extensive survey work in 1993 identified two populations in the Suisun
Marsh area and identified the Hill Slough area as containing the
habitat features essential for the conservation of the subspecies
(Brenda Grewell, pers comm. 1993).
The population size of C. hydrophilum var. hydrophilum varies
greatly from year to year. At the time of listing, the subspecies was
known from two small areas totaling a few thousand plants occupying an
area of less than one acre. Survey work done since the time of listing
has identified an additional population within the same general area as
the two at the time of listing. These three populations continue to be
threatened by the same factors discussed in the listing determination:
Habitat loss, fragmentation, disruption to the hydrologic regime,
invasive competition from non-native plants, chronic and acute
pollution from point and non-point sources, insect or pest outbreaks,
and extended drought. Due to their small size, the populations are also
subject to increased risk of extirpation from random anthropogenic or
natural events.
We have determined that, due to the limited availability of habitat
for the subspecies, the limited distribution and small population size
of the subspecies, and the subspecies' poor dispersal capabilities, the
long-term conservation of this plant is dependent upon the protection
of habitat supporting all three existing populations, including
surrounding areas that may contain dormant seed banks and that support
the PCEs of the subspecies. For the same reasons, the conservation of
the subspecies also depends on the establishment of at least one
additional population in appropriate habitat. Hill Slough Marsh is not
known to be occupied by the subspecies, either now or at the time of
listing, but based on the area's size and because it supports all the
PCEs of the plant, it is the area best suited for reintroduction. The
area is also the subject of ongoing restoration and planning efforts
conducted under the auspices of the Suisun Protection Plan (SFBCDC
2006). Accordingly, we have determined that the area of Hill Slough
Marsh proposed below as Unit 1 for Cirsium hydrophilum var. hydrophilum
is essential to the conservation of the subspecies.
Criteria for Cordylanthus mollis ssp. mollis
Only extant occurrences of Cordylanthus mollis ssp. mollis located
in fully tidal marshes were selected because these areas contain the
features essential to the conservation of the subspecies and can
contribute best to the subspecies' recovery. These widely scattered
populations are dependent on tidal events and native halophytic plant
communities to complete the subspecies' life cycle. Extant occurrences
in diked, managed, and muted tidal marshes were not proposed for
designation, because these areas fail to support the tidal hydrology
and native plant communities that the subspecies needs for long term
persistence. Populations outside the designation may still be important
for recovery of the subspecies, and are still protected under the Act,
but their habitat is not considered essential to recovery.
The inclusion of known plant locations interspersed with patches of
surrounding habitat reflects the dynamic nature of tidal marshes
(Nichols et al. 1986; Adam 2002) and life cycle of these subspecies.
Mapping
Geospatial data sets were used within ArcGIS 8.3/ArcMap
(Environmental Systems Research Institute, Redlands, CA) and analyzed
to define the areas that best contain the features that are essential
to the conservation of Cirsium hydrophilum var. hydrophilum and
Cordylanthus mollis ssp. mollis. Intertidal, emergent estuarine marshes
(undiked high tidal marshes) were selected from the data sets based on
tidal channel networks, hydrology, and marsh elevation (refer to PCEs).
We are not including undiked high tidal marshes that do not contain the
PCEs or were not essential for the conservation of the subspecies
because either the area is highly degraded and may not be restorable;
or the area is small, highly fragmented, or isolated and may provide
little or no long-term conservation value.
The occurrence of saline soils were determined from county soil
surveys (NRCS 2005c). Marsh habitats and soil salinity in high tidal
marshes will also be continually changing due to the seasonal
variability of environmental conditions within these areas.
Based on the above data analysis, the boundaries of proposed
critical habitat units were digitized at a map scale from 1:750 to
1:1,500 from digital photographic and wetland-tidal marsh polygon data
sets (see Methods section). All lands within these delineated
boundaries are considered critical habitat. Water bodies and
conveyances (such as tidal sloughs, channels, ditches, canals, and
ponds) were not removed from the interior of critical habitat units.
These features are essential for the conservation of the subspecies
based on hydrologic processes, despite the fact that these plants do
not normally grow within the banks of such channels and ponds.
Special Management Considerations or Protections
When designating critical habitat, we assess whether the areas
determined to be occupied at the time of listing and that contain the
PCEs may require special management considerations or
[[Page 18466]]
protections. Most of the known occurrences of Cirsium hydrophilum var.
hydrophilum and Cordylanthus mollis ssp. mollis are threatened by (1)
tidal wetland conversions to diked, managed, or muted tidal marshes;
(2) changes to channel water salinity and tidal regimes; (3) mosquito
abatement activities; (4) marsh invasions by non-native plants; (5)
plant-eating insects; (6) urban, industrial, and agricultural
encroachment; (7) impacts from livestock overgrazing ; (8) feral pigs
(Sus scrofa); and (9) impacts from unauthorized foot and off-road
vehicle traffic. These combined threats result in the loss and
fragmentation of suitable habitat for C. hydrophilum var. hydrophilum
and C. mollis ssp. mollis, which could significantly affect their long-
term survival. Individually, these threats may require special
management as addressed under the critical habitat unit descriptions
below.
Proposed Critical Habitat Designation
We are proposing three units as critical habitat for the Cirsium
hydrophilum var hydrophilum and five units for Cordylanthus mollis ssp.
mollis. Table 1 below identifies the approximate area exempt from
proposed critical habitat for C. mollis ssp. mollis pursuant to section
4(a)(3) of the Act.
Table 1.--Approximate Area Exempt From Proposed Critical Habitat for Cordylanthus mollis ssp. mollis Pursuant to
Section 4(a)(3) of the Act
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Location (unit) Lands containing features
essential
Area exempt from critical
habitat designation
----------------------------------------------------------------------------------------------------------------
Concord Naval Weapons Station (Middle Point 402 ac 163 ha 402 ac 163 ha
Marsh and western portion of Hastings
Marsh).....................................
----------------------------------------------------------------------------------------------------------------
Cirsium Hydrophilum var Hydrophilum
The three proposed units for Cirsium hydrophilum var hydrophilum
are in Solano County, California. The critical habitat units described
below contain the PCEs of the subspecies, and may require special
management. The units proposed as critical habitat are listed in Table
2.
Table 2.--Critical Habitat Units Proposed for Cirsium Hydrophilum var. Hydrophilum
[Area estimates reflect all land within critical habitat boundaries, acres (hectares)]
----------------------------------------------------------------------------------------------------------------
Critical habitat unit State Land trust Private Total
----------------------------------------------------------------------------------------------------------------
Unit 1: Hill Slough Marsh............... 440 (178) 0 (0) 85 (35) 525 (213)
Unit 2: Peytonia Slough Marsh:
Subunit 2A.......................... 0 (0) 0 (0) 120 (49) 120 (49)
Subunit 2B.......................... 243 (98) 0 (0) 50 (20) 293 (118)
Unit 3: Rush Ranch/Grizzly Island 231 (93) 950 (384) 0 (0) 1,181 (477)
Wildlife Area..........................
----------------------------------------------------------------------------------------------------------------
Total........................... 914 (369) 950 (384) 255 (104) 2,119 (857)
----------------------------------------------------------------------------------------------------------------
Common threats that may require special management in all three
units include (1) alternations to channel water salinity and tidal
regimes from the operation of the Suisun Marsh Salinity Control Gates
that could affect the depth, duration, and frequency of tidal events
and the degree of salinity in the channel water column; (2) mosquito
abatement activities (ditching, dredging, and chemical spray
operations), which may damage the plants directly by trampling and soil
disturbance, and indirectly by altering hydrologic processes and by
providing relatively dry ground for additional foot and vehicular
traffic; (3) rooting, wallowing, trampling, and grazing impacts from
livestock and feral pigs that could result in damage or loss to C.
hydrophilum var. hydrophilum colonies or soil disturbance and
compaction leading to a disruption in natural marsh ecosystem
processes; (4) increases in the proliferation of non-native invasive
plants from human-induced soil disturbances leading to the invasives
outcompeting the C. hydrophilum. var. hydrophilum; and (5) control or
removal of non-native invasive plants, especially Lepidium latifolium,
which, if not carefully managed, can damage C. hydrophilum var.
hydrophilum populations through the injudicious application of
herbicides; by direct trampling; or through the accidental transport of
invasive plant seeds to new areas. An additional threat that may
require special management in Units 1 and 2 includes urban or
residential encroachment from Suisun City to the north that could
increase stormwater and wastewater runoff into these units.
We present brief descriptions of all units and the reasons why they
contain features that are essential for the conservation of Cirsium
hydrophilum var. hydrophilum, below. Hydric soils and soil salinity
described under unit descriptions were based on NRCS (2005a, 2005c, and
2005d) and USDA (1993, page 194) soil data.
Unit 1: Hill Slough Marsh
Unit 1 consists of approximately 525 ac (213 ha) located north of
Potrero Hills between Grizzly Island Road and Highway 12. As discussed
in the Criteria for Cirsium hydrophylum var. hydrophilum section above,
this unit is currently unoccupied and was unoccupied at the time of
listing, but it is essential to the conservation of the subspecies
because it is the single best area for establishment of an additional
population. It contains all the necessary PCEs and is the subject of
on-going restoration and planning efforts within the Suisun Marsh. The
unit consists of approximately 440 ac (178 ha) of State-owned land
(Hill Slough Wildlife Area), which is managed by the CDFG, and 85 ac
(35 ha) of privately owned land. The unit receives tidal inundations
(PCE 1) irregularly (not daily) (NWI 2005) from Hill Slough and a flood
control channel along the western unit boundary (PCE 2). Natural tidal
channel networks are developed within the unit. Approximately 98.4
percent of the soils in the unit are classified as hydric soils that
are slightly to moderately saline within the first 3 feet (0.9 m) of
soil depth (PCE 2). The unit contains the
[[Page 18467]]
PCEs for the subspecies to allow for germination, reproduction, and
development.
Unit 2: Peytonia Slough Marsh
Unit 2 consists of approximately 413 ac (167 ha) located adjacent
to Cordelia Road to the west, Suisun Slough to the east, Peytonia
Slough to the south, and Suisun City to the north. The unit consists of
approximately 243 ac (98 ha) of State-owned land (Peytonia Slough
Ecological Reserve), which is managed by the CDFG, and 170 ac (69 ha)
of privately owned high tidal marsh. The unit receives tidal
inundations on a regular-to-irregular basis (NWI 2005) from Peytonia
Slough (PCE 1); however, the unit is hydrologically bisected into
subunits 2A and 2B, north to south, by an elevated railroad line, but
is tidally connected at its southern boundary by Peytonia Slough.
Natural tidal channel networks exist within the unit. The eastern
portion of the unit along Suisun Slough is partially diked but is
tidally influenced through a channel branching off from Peytonia Slough
(PCE 2). Approximately 99.8 percent of the soils in the unit are
classified as hydric soils that are moderately saline within the first
3 feet (0.9 m) of soil depth (PCE 2). The unit contains the PCEs for
the subspecies to allow for germination, reproduction, and development
of a seed bank. Cirsium hydrophilum var. hydrophilum occupied the unit
at the time of listing as identified in the final listing rule (62 FR
61916).
Unit 3: Rush Ranch/Grizzly Island Wildlife Area
Unit 3 consists of approximately 1,181 ac (477 ha) located adjacent
to Suisun Slough to the west, Cutoff and Montezuma Sloughs to the
south, and Potrero Hills to the North. This unit consists of 231 ac (93
ha) of State-owned land (the Joice Island portion of Grizzly Island
Wildlife Area), which is managed by the CDFG, and 950 ac (384 ha) of
land owned by the Solano Land Trust (local non-profit public land
trust). The unit receives regular tidal inundations at least once daily
(NWI 2005) (PCE 1) from the above-mentioned tidal sloughs. Natural
tidal channel networks exist within the unit (PCE 2). Approximately
94.6 percent of the soils in the unit are classified as hydric soils
that are slightly to moderately saline within the first 3 feet (0.9 m)
of soil depth (PCE 2). The unit contains the PCEs for the subspecies to
allow for germination, reproduction, and development of a seed bank.
Another threat not identified above that may require special management
includes the presence of Rhinocyllus conicus (a non-native biological
control weevil) or other plant-eating insects that could reduce the
reproductive potential of Cirsium hydrophilum var. hydrophilum. Cirsium
hydrophilum var. hydrophilum occupied the unit at the time of listing
as identified in the final listing rule (62 FR 61916).
Cordylanthus mollis ssp. mollis
We are proposing five units as critical habitat for Cordylanthus
mollis ssp. mollis in Contra Costa, Napa, and Solano Counties,
California. The critical habitat areas described below constitute areas
that contain the PCEs and that may require special management. The
units proposed as critical habitat are listed in Table 3. Contra Costa,
Napa, and Solano Counties have approximately 22 ac (9 ha), 408 ac (165
ha), and 1,884 ac (763 ha) of proposed critical habitat, respectively.
Common threats that may require special management in all five
units include (1) mosquito abatement activities (ditching, dredging,
and chemical spray operations), which may damage the plants directly by
trampling and soil disturbance, and indirectly by altering hydrologic
processes and by providing relatively dry ground for additional foot
and vehicular traffic; (2) general foot and off-road vehicle traffic
through C. mollis ssp. mollis populations that could result in their
damage and loss in impacted areas; (3) increases in the proliferation
of non-native invasive plants from human-induced soil disturbances
leading to the invasives outcompeting the C. mollis ssp. mollis; (4)
control or removal of non-native invasive plants, especially Lepidium
latifolium, which, if not carefully managed, can damage C. mollis ssp.
mollis populations through the injudicious application of herbicides;
by direct trampling; or through the accidental transport of invasive
plant seeds to new areas; and (5) presence of Lipographis fenestrella
(a moth) larvae that could reduce the reproductive potential of C.
mollis ssp. mollis through flower, fruit, and seed predation.
Common threats that may require special management in Units 2 and 4
in Suisun Marsh include (1) alternations to channel water salinity and
tidal regimes from the operation of the Suisun Marsh Salinity Control
Gates that could affect the depth, duration, and frequency of tidal
events and the degree of salinity in the channel water column; and (2)
rooting, wallowing, trampling, and grazing impacts from livestock and
feral pigs that could result in damage or loss to C. mollis ssp. mollis
populations or soil disturbance and compaction leading to a disruption
in natural marsh ecosystem processes. A common threat that may require
special management in Units 3 and 5 is contamination from bay oil
spills that could directly impact C. mollis ssp. mollis populations and
seed banks.
We present brief descriptions of all units and the reasons why they
are essential for the conservation of Cordylanthus mollis ssp. mollis
below. Hydric soils and soil salinity described under unit descriptions
were based on NRCS (2005a, 2005c, and 2005d) and USDA (1993, page 194)
soil data.
Table 3.--Critical Habitat Units Proposed for Cordylanthus mollis ssp. mollis
[Area estimates reflect all land within critical habitat boundaries, acres (hectares)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Critical habitat unit State County/City Land trust Private Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unit 1: Fagan Slough Marsh.................................... 320 (130) 15 (6) 0 (0) 72 (29) 407 (165)
Unit 2: Hill Slough Marsh..................................... 440 (178) 0 (0) 0 (0) 85 (35) 525 (213)
Unit 3: Point Pinole Shoreline................................ 9 (4) 13 (5) 0 (0) 0 (0) 22 (9)
Unit 4: Rush Ranch/Grizzly Island Wildlife Area............... 231 (93) 0 (0) 950 (384) 0 (0) 1,181 (477)
Unit 5: Southampton Marsh..................................... 178 (72) 0 (0) 0 (0) 0 (0) 178 (72)
���������������������������������������������������������������
Total..................................................... 1,178 (477) 28 (11) 950 (384) 157 (64) 2,313 (936)
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 18468]]
Unit 1: Fagan Slough Marsh (Napa County)
Unit 1 consists of approximately 407 ac (165 ha) located adjacent
to the Napa River to the west, Napa County Airport to the east, Fagan
Slough to the south, and Steamboat Slough to the north. This unit
consists of 320 ac (130 ha) of State-owned land (Fagan Slough
Ecological Reserve), which is managed by the CDFG, 6 ac (2 ha) of
County-owned land, 9 ac (4 ha) of land owned by the City of Napa, and
72 ac (29 ha) of privately owned land. The unit receives tidal
inundations regularly (NWI 2005) from the above-mentioned tidal sloughs
and the Napa River (PCE 1, PCE 2). Natural tidal channel networks are
developed within the unit. Approximately 98 percent of the soils in the
unit are classified as hydric soils that are slightly saline within the
first 3 feet (0.9 m) of soil depth (PCE 2). This unit contains native
plant communities of appropriate height and sufficient host plants to
provide the subspecies with the environmental and nutritional
requirements needed for its survival (PCE 3, PCE 4). The unit contains
the PCEs for the subspecies to allow for germination, reproduction, and
development of a seed bank. Cordylanthus mollis ssp. mollis occupied
the unit at the time of listing as identified in the final listing rule
(62 FR 61916).
Unit 2: Hill Slough Marsh (Solano County)
Unit 2 for Cordylanthus mollis ssp. mollis consists of
approximately 525 ac (213 ha) located north of Potrero Hills between
Grizzly Island Road and Highway 12. The unit consists of approximately
440 ac (178 ha) of State-owned land (Hill Slough Wildlife Area), which
is managed by the CDFG, and 85 ac (35 ha) of privately owned land. The
unit receives tidal inundations irregularly (not daily) (NWI 2005) from
Hill Slough and a flood control channel along the western unit boundary
(PCE 1, PCE 2). Natural tidal channel networks are developed within the
unit. Approximately 98.4 percent of the soils in the unit are
classified as hydric soils that are slightly to moderately saline
within the first 3 feet (0.9 m) of soil depth (PCE 2). This unit
contains native plant communities of appropriate height and sufficient
host plants to provide the subspecies with the environmental and
nutritional requirements needed for its survival (PCE 3, PCE 4). The
unit contains the PCEs for the subspecies to allow for germination,
reproduction, and development of a seed bank. C. mollis ssp. mollis
occupied the unit at the time of listing as identified in the final
listing rule (62 FR 61916).
Unit 3: Point Pinole Shoreline (Contra Costa County)
Unit 3 consists of approximately 22 ac (9 ha) located along the
Contra Costa shoreline in San Pablo Bay just east of Point Pinole. This
unit consists of 13 ac (5 ha) of County-owned land (Point Pinole
Regional Shoreline Park), which is managed by the EBRPD, and 9 ac (4
ha) of State-owned land. The unit receives tidal inundations on a
regular basis (NWI 2005) from natural and artificial (dredged) tidal
channels within the unit (PCE 1, PCE 2). Approximately 23.8 percent of
the soils in the unit are classified as hydric soils that are
moderately saline within the first 3 feet (0.9 m) of soil depth (PCE
2). This unit contains native plant communities of appropriate height
and sufficient host plants to provide the subspecies with the
environmental and nutritional requirements needed for its survival (PCE
3, PCE 4). The unit contains the PCEs for the subspecies to allow for
germination, reproduction, and development of a seed bank. Another
threat in this unit that may require special management is industrial
or commercial encroachment from the south that could increase
stormwater and wastewater runoff into the unit. Cordylanthus mollis
ssp. mollis occupied the unit at the time of listing as identified in
the final listing rule (62 FR 61916).
Unit 4: Rush Ranch/Grizzly Island Wildlife Area (Solano County)
Unit 4 for Cordylanthus mollis ssp. mollis consists of
approximately 1,181 ac (477 ha) located adjacent to Suisun Slough to
the west, Cutoff and Montezuma Sloughs to the south, and Potrero Hills
to the North. This unit consists of 231 ac (93 ha) of State-owned land
(Joice Island portion of the Grizzly Island Wildlife Area), which is
managed by the CDFG, and 950 ac (384 ha) of land owned and managed by
the Solano Land Trust (local non-profit public land trust). The unit
receives tidal inundations regularly (at least once daily) (NWI 2005)
from the above-mentioned tidal sloughs (PCE 1, PCE 2). Natural tidal
channel networks are developed within the unit. Approximately 94.6
percent of the soils in the unit are classified as hydric soils that
are slightly to moderately saline within the first 3 feet (0.9 m) of
soil depth (PCE 2). This unit contains native plant communities of
appropriate height and sufficient host plants to provide the subspecies
with the environmental and nutritional requirements needed for its
survival (PCE 3, PCE 4). The unit contains the PCEs for the subspecies
to allow for germination, reproduction, and development of a seed bank.
C. mollis ssp. mollis occupied the unit at the time of listing as
identified in the final listing rule (62 FR 61916).
Unit 5: Southampton Marsh (Solano County)
Unit 5 consists of approximately 178 ac (72 ha) of State-owned land
managed by CDPR as a wetland natural preserve (CDPR 1991). The unit is
located in the Benicia State Recreational Area along Interstate Highway
780 and just northwest of the City of Benicia. The unit receives tidal
inundations on a regular-to-irregular basis (NWI 2005) from natural and
artificial (dredged) tidal channels within the unit (PCE 1, PCE 2).
Approximately 76.5 percent of the soils in the unit are classified as
hydric soils that are moderately saline within the first 3 feet (0.9 m)
of soil depth (PCE 2). This unit contains native plant communities of
appropriate height and sufficient host plants to provide the subspecies
with the environmental and nutritional requirements needed for its
survival (PCE 3, PCE 4). Approximately 22 ac (9 ha) of bay fill is
located in the northwestern section of the unit adjacent to the paved
park roadway. This area is associated with ongoing marsh restoration
efforts by the CDPR. The unit contains the PCEs for the subspecies to
allow for germination, reproduction, and development of a seed bank.
Another threat in this unit that may require special management is
urban or residential encroachment from the north that could increase
stormwater and wastewater runoff into the unit. Cordylanthus mollis
ssp. mollis occupied the unit at the time of listing as identified in
the final listing rule (62 FR 61916).
Effects of Critical Habitat Designation
Section 7 Consultation
Section 7 of the Act requires Federal agencies, including the
Service, to ensure that actions they fund, authorize, or carry out are
not likely to destroy or adversely modify critical habitat. In our
regulations at 50 CFR 402.02, 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, recent decisions by the 5th and 9th Circuit
[[Page 18469]]
Court of Appeals have invalidated this definition. Pursuant to current
national policy and the statutory provisions of the Act, destruction or
adverse modification is determined on the basis of whether, with
implementation of the proposed Federal action, the affected critical
habitat would remain functional (or retain the current ability for the
primary constituent elements to be functionally established) to serve
the intended conservation role for the species.
Section 7(a) of the Act requires Federal agencies, including the
Service, to evaluate their actions with respect to any species that is
proposed or listed as endangered or threatened and with respect to its
critical habitat, if any is proposed or designated. Regulations
implementing this interagency cooperation provision of the Act are
codified at 50 CFR part 402.
Section 7(a)(4) of the Act requires Federal agencies to confer with
us on any action that is likely to jeopardize the continued existence
of a proposed species or result in destruction or adverse modification
of proposed critical habitat. This is a procedural requirement only.
However, once a proposed species becomes listed, or proposed critical
habitat is designated as final, the full prohibitions of section
7(a)(2) apply to any Federal action. The primary utility of the
conference procedure is to maximize the opportunity for a Federal
agency to adequately consider proposed species and critical habitat and
avoid potential delays in implementing their proposed action as a
result of the section 7(a)(2) compliance process, should those species
be listed or the critical habitat designated.
Under conference procedures, the Service may provide advisory
conservation recommendations to assist the agency in eliminating
conflicts that may be caused by the proposed action. The Service may
conduct either informal or formal conferences. Informal conferences are
typically used if the proposed action is not likely to have any adverse
effects to the proposed species or proposed critical habitat. Formal
conferences are typically used when the Federal agency or the Service
believes the proposed action is likely to cause adverse effects to
proposed species or critical habitat, inclusive of those that may cause
jeopardy or adverse modification.
The results of an informal conference are typically transmitted in
a conference report; while the results of a formal conference are
typically transmitted in a conference opinion. Conference opinions on
proposed critical habitat are typically prepared according to 50 CFR
402.14, as if the proposed critical habitat were designated. We may
adopt the conference opinion as the biological opinion when the
critical habitat is designated, if no substantial new information or
changes in the action alter the content of the opinion (see 50 CFR
402.10(d)). As noted above, any conservation recommendations in a
conference report or opinion are strictly advisory.
If a species is listed or critical habitat is designated, section
7(a)(2) of the Act requires Federal agencies to ensure that activities
they authorize, fund, or carry out are not likely to jeopardize the
continued existence of 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. As a result of this consultation,
compliance with the requirements of section 7(a)(2) will be documented
through the Service's issuance of: (1) A concurrence letter for Federal
actions that may affect, but are not likely to adversely affect, listed
species or critical habitat; or (2) a biological opinion for Federal
actions that may affect, but are likely to adversely affect, listed
species or critical habitat.
When we issue a biological opinion concluding that a project is
likely to result in jeopardy to a listed species or the destruction or
adverse modification of critical habitat, we also provide reasonable
and prudent alternatives to the project, if any are identifiable.
``Reasonable and prudent alternatives'' are defined at 50 CFR 402.02 as
alternative actions identified during consultation that can be
implemented in a manner consistent with the intended purpose of the
action, that are consistent with the scope of the Federal agency's
legal authority and jurisdiction, that are economically and
technologically feasible, and that the Director believes would avoid
jeopardy to the listed species or 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 a new
species is listed or critical habitat is subsequently designated that
may be affected 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 with us on actions
for which formal consultation has been completed, if those actions may
affect subsequently listed species or designated critical habitat or
adversely modify or destroy proposed critical habitat.
Federal activities that may affect Cirsium hydrophilum var.
hydrophilum or Cordylanthus mollis ssp. mollis or their designated
critical habitat will require section 7 consultation under the Act.
Activities on State, tribal, local or private lands requiring a Federal
permit (such as a permit from the Corps under section 404 of the Clean
Water Act or a permit under section 10(a)(1)(B) of the Act from the
Service) or involving some other Federal action (such as funding from
the Federal Highway Administration, Federal Aviation Administration, or
the Federal Emergency Management Agency) will also be subject to the
section 7 consultation process. Federal actions not affecting listed
species or critical habitat, and actions on State, Tribal, local or
private lands that are not federally funded, authorized, or permitted,
do not require section 7 consultations. In instances where emergency
levee repair or maintenance activities are required and may affect C.
hydrophilum var. hydrophilum or C. mollis ssp. mollis or their proposed
critical habitat, we have notified the affected agencies and flood
control districts that those emergency repair and maintenance
activities would constitute an emergency consultation as identified
under the Federal Code of Regulations (50 CFR 402.05). As a result,
such emergency repair and maintenance activities may proceed prior to
consulting with the Service.
Application of the Jeopardy and Adverse Modification Standards for
Actions involving Effects to Cirsium hydrophilum var. hydrophilum or
Cordylanthus mollis ssp. mollis and their Critical Habitat
Jeopardy Standard
Prior to and following designation of critical habitat, the Service
has applied an analytical framework for Cirsium hydrophilum var.
hydrophilum and Cordylanthus mollis ssp. mollis jeopardy analyses that
relies heavily on the importance of core area populations to the
survival and recovery of C. hydrophilum var. hydrophilum or C. mollis
ssp. mollis or both. The section 7(a)(2) analysis is focused not only
on
[[Page 18470]]
these populations but also on the habitat conditions necessary to
support them.
The jeopardy analysis usually expresses the survival and recovery
needs of Cirsium hydrophilum var. hydrophilum and/or Cordylanthus
mollis ssp. mollis in a qualitative fashion without making distinctions
between what is necessary for survival and what is necessary for
recovery. Generally, if a proposed Federal action is incompatible with
the viability of the affected core area population(s), inclusive of
associated habitat conditions, a jeopardy finding is considered to be
warranted, because of the relationship of each core area population to
the survival and recovery of the species as a whole.
Adverse Modification Standard
The analytical framework described in the Director's December 9,
2004, memorandum is used to complete section 7(a)(2) analyses for
Federal actions affecting Cirsium hydrophilum var. hydrophilum or
Cordylanthus mollis ssp. mollis critical habitat. The key factor
related to the adverse modification determination is whether, with
implementation of the proposed Federal action, the affected critical
habitat would remain functional (or retain the current ability for the
primary constituent elements to be functionally established) to serve
the intended conservation role for the species. Generally, the
conservation role of C. hydrophilum var. hydrophilum and C. mollis ssp.
mollis critical habitat units is to support viable core area
populations.
Section 4(b)(8) of the Act requires us to briefly evaluate and
describe in any proposed or final regulation that designates critical
habitat those activities involving a Federal action that may destroy or
adversely modify such habitat, or that may be affected by such
designation. Activities that may destroy or adversely modify critical
habitat may also jeopardize the continued existence of the species.
Activities that may destroy or adversely modify critical habitat
are those that alter the PCEs to an extent that the conservation value
of critical habitat for Cirsium hydrophilum var. hydrophilum and/or
Cordylanthus mollis ssp. mollis is appreciably reduced. Activities
that, when carried out, funded, or authorized by a Federal agency, may
affect critical habitat and therefore result in consultation for C.
hydrophilum var. hydrophilum or C. mollis ssp. mollis or both include,
but are not limited to:
(1) Actions that would degrade natural tidal hydrology in undiked
high tidal marshes supporting Cirsium hydrophilum var. hydrophilum and
Cordylanthus mollis ssp. mollis populations. Such actions could
include, but are not limited to: The construction of new levees, tide
gates, mosquito abatement ditches, flash board water control
structures, or other marsh impoundment and drainage structures; urban
flood control and channelization projects; and human-induced changes to
natural saltwater and freshwater inflows into undiked high tidal
marshes. These actions could limit the geomorphic processes associated
with natural tidal channel networks; alter soil and water chemistry
affecting the composition of tidal marsh plant communities; and reduce
vertical marsh accretion affecting the range of tidal inundations,
especially in relation to local sea level rise.
(2) Actions that would degrade or destroy Cirsium hydrophilum var.
hydrophilum and Cordylanthus mollis ssp. mollis habitat. Such actions
could include, but are not limited to, domestic and feral livestock
impacts; unauthorized foot and off-road vehicle traffic; and
agricultural, urban, and commercial developments. These actions could
alter marsh ecosystem form and function by isolating and fragmenting
tidal marsh habitat leading to the further isolation of C. hydrophilum
var. hydrophilum and C. mollis ssp. mollis populations; introduce or
encourage the spread and establishment of non-native invasive plants;
increase human-induced erosion and sedimentation rates; boost trail
development and usage that may impact species populations; and lower
water quality because of an increase in stormwater and wastewater
runoff.
(3) Actions that would remove or destroy Cirsium hydrophilum var.
hydrophilum and Cordylanthus mollis ssp. mollis plants. Such actions
could include, but are not limited to: Excavating, grading, plowing,
mowing, burning, grazing, farming, or chemical spraying; unauthorized
foot and off-road vehicle traffic, and the spread of non-native
invasion plants in occupied, undiked high tidal marshes.
(4) Actions completed by the U.S. Army Corps of Engineers (for
example, under section 404 of the Clean Water Act of 1977 and under
section 10 of the Rivers and Harbor Act of 1899), Environmental
Protection Agency, and other Federal, State, or local regulatory
agencies that would reduce the quantity and quality of undiked high
tidal marsh habitat supporting Cirsium hydrophilum var. hydrophilum and
Cordylanthus mollis ssp. mollis populations. Such actions could
include, but are not limited to: The construction of new levees,
agricultural irrigation systems, boat ramps and docks, wharfs, marinas,
bank revetments, permanent mooring structures, aids to navigation, and
dredge and fill activities; roadway and highway projects (such as road
widening and new road construction); unauthorized discharge of non-
point source pollutants; stream and tidal channel alternations; and
other water-dependent projects or activities. These actions could
impact supporting habitat by lowering tidal marsh water quality,
decreasing saltwater and freshwater inflows, and causing direct loss of
tidal marshes through fill and removal activities.
All proposed critical habitat units, as described above, are within
the geographic range of Cirsium hydrophilum var. hydrophilum and
Cordylanthus mollis ssp. mollis, respectively, or were occupied by the
subspecies at the time of listing except for Unit 1 for C. hydrophilum
var. hydrophilum, which is considered unoccupied by that subspecies.
The same area is also proposed as Unit 2 for C. mollis ssp. mollis,
however, and it is occupied by that subspecies. We consider all of the
units included in this proposed designation to contain the features
essential to the conservation of these subspecies.
All of the units proposed as critical habitat, as well as areas
that may be excluded or not included, contain features essential to the
conservation of Cirsium hydrophilum var. hydrophilum and Cordylanthus
mollis ssp. mollis. Federal agencies already consult with us on
activities in areas currently occupied by C. hydrophilum var.
hydrophilum and C. mollis ssp. mollis, or if the species may be
affected by the action, to ensure that their actions do not jeopardize
the continued existence of C. hydrophilum var. hydrophilum or C. mollis
ssp. mollis or both.
Application of Section 4(a)(3) and Exclusions Under Section 4(b)(2) of
the Act
There are multiple ways to provide management for species' habitat.
Statutory and regulatory frameworks that exist at a local level can
provide such protection and management, as can lack of pressure for
change, such as areas too remote for anthropogenic disturbance.
Finally, State, local, or private management plans as well as
management under Federal agencies jurisdictions can provide protection
and management to avoid the need for designation of critical habitat.
When we consider a plan to determine its adequacy in protecting
habitat, we consider whether the plan, as a whole
[[Page 18471]]
will provide the same level of protection that designation of critical
habitat would provide. The plan need not lead to exactly the same
result as a designation in every individual application, as long as the
protection it provides is equivalent, overall. In making this
determination, we examine whether the plan provides management,
protection, or enhancement of the PCEs that is at least equivalent to
that provided by a critical habitat designation, and whether there is a
reasonable expectation that the management, protection, or enhancement
actions will continue into the foreseeable future. Each review is
particular to the species and the plan, and some plans may be adequate
for some species and inadequate for others.
Section 4(b)(2) of the Act states that critical habitat shall be
designated, and revised, on the basis of the best available scientific
data after taking into consideration the economic impact, national
security impact, and any other relevant impact, of specifying any
particular area as critical habitat. The Secretary may exclude an area
from critical habitat if [s]he determines that the benefits of such
exclusion outweigh the benefits of specifying such area as part of the
critical habitat, unless [s]he determines, based on the best scientific
data available, that the failure to designate such area as critical
habitat will result in the extinction of the species. In making that
determination, the Secretary is afforded broad discretion and the
Congressional record is clear that in making a determination under the
section the Secretary has discretion as to which factors and how much
weight will be given to any factor.
Under section 4(b)(2), in considering whether to exclude a
particular area from the designation, we must identify the benefits of
including the area in the designation, identify the benefits of
excluding the area from the designation, determine whether the benefits
of exclusion outweigh the benefits of inclusion. If an exclusion is
contemplated, then we must determine whether excluding the area would
result in the extinction of the species. In the following sections, we
address a number of general issues that are relevant to the exclusions
we considered.
The Sikes Act Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a)
required each military installation that includes land and water
suitable for the conservation and management of natural resources to
complete, 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 base. Each INRMP includes an assessment of the
ecological needs on the installation, including the need to provide for
the conservation of listed species; a statement of goals and
priorities; a detailed description of management actions to be
implemented to provide for these ecological needs; and a monitoring and
adaptive management plan. Among other things, each INRMP must, to the
extent appropriate and applicable, provide for fish and wildlife
management, fish and wildlife habitat enhancement or modification,
wetland protection, enhancement, and restoration where necessary to
support fish and wildlife and enforcement of applicable natural
resource laws.
The National Defense Authorization Act for Fiscal Year 2004 (Pub.
L. 108-136) amended the 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.''
We consult with the military on the development and implementation
of INRMPs for installations with listed species. INRMPs developed by
military installations located within the range of the proposed
critical habitat designation for Cirsium hydrophilum var. hydrophilum
and Cordylanthus mollis ssp. mollis were analyzed for exemption under
the authority of 4(a)(3) of the Act.
Concord Naval Weapons Station
Approximately 402 ac (163 ha) of habitat Cordylanthus mollis ssp.
mollis occurring in habitats within or adjacent to the USDN, Naval
Weapons Station, Seal Beach Detachment, Concord in Contra Costa County,
California (referred to as the Concord Naval Weapons Station (CNWS) in
the proposed rule) is exempted from this proposed critical habitat
designation. The USDN has prepared and implemented an INRMP at the CNWS
as of March 2002 (USDN 2002). The Inland and Tidal Areas are the
primary land areas at the CNWS covered under the INRMP. In addition to
the INRMP, the Navy has entered into a Memorandum of Understanding
(MOU) (USDN 2002 Appendix D) in 1984 with the Service to establish a
wetland preserve in the Tidal Area (East, Hastings, Middle Point, North
Area K, and Pier Marshes) and all areas in the outlying six islands
(Freeman, Middle Ground, Roe, Ryder, Seal, and Snag Islands). Under the
MOU, the USDN, in cooperation with the Service, will (1) prepare and
implement a management plan for the preserve to promote the recovery
and preservation of threatened and endangered species and wetland
resources; (2) prepare additional plans for the management of these
subspecies in consonance with the management plan for the preserve, (3)
conduct studies and surveys within funding and personnel availability
on fish and wildlife resources in the preserve; (4) give priority to
the protection and management of the preserve; and (5) prevent, as much
as possible, any military activity that could adversely impact or
otherwise be detrimental to the wetland resources in the preserve.
All Cordylanthus mollis ssp. mollis populations at the CNWS are
restricted to the Tidal Area. Tidal Area management objectives under
the INRMP for the species include (1) restricting access to tidal
marshes to reduce potential human-induced impacts, except for the
purpose of approved research; (2) maintaining tidal marshes in
accordance with the 1984 MOU; (3) completing botanical surveys; (4)
monitoring populations and population trends to determine effectiveness
of natural resources management goals; and (5) reviewing proposed
military activities and development to ensure the conservation of the
subspecies. The USDN signed an Indefinite Use Permit in 1999 (USDN 2002
Appendix C) with the U.S. Department of the Army for use of the Tidal
Area. The INRMP will help Army personnel continue the implementation of
established management strategies designed to conserve the natural
resources in the Tidal Area. Therefore, we are exempting critical
habitat for Cordylanthus mollis ssp. mollis on this installation
pursuant to section 4(a)(3) of the Act.
Conservation Partnerships on Non-Federal Lands
Most federally listed species in the United States will not recover
without the cooperation of non-Federal landowners. More than 60 percent
of the United States is privately owned (National Wilderness Institute
1995) and at least 80 percent of all endangered or threatened species
occur either partially or solely on private lands (Crouse et al. 2002).
Stein et al. (1995) found that only about 12 percent of listed species
were
[[Page 18472]]
found almost exclusively on Federal lands (90-100 percent of their
known occurrences restricted to Federal lands) and that 50 percent of
federally listed species are not known to occur on Federal lands at
all.
Given the distribution of listed species with respect to land
ownership, conservation of listed species in many parts of the United
States is dependent upon working partnerships with a wide variety of
entities and the voluntary cooperation of many non-Federal landowners
(Wilcove and Chen 1998, Crouse et al. 2002, James 2002). Building
partnerships and promoting voluntary cooperation of landowners is
essential to understanding the status of species on non-Federal lands
and is necessary to implement recovery actions such as reintroducing
listed species, habitat restoration, and habitat protection.
Many non-Federal landowners derive satisfaction in contributing to
endangered species recovery. The Service promotes these private-sector
efforts through the ``4C's'' philosophy--conservation through
communication, consultation, and cooperation. This philosophy is
evident in Service programs such as Habitat Conservation Plans (HCPs),
Safe Harbors, Candidate Conservation Agreements with Assurances
(CCAAs), and cooperative conservation challenge cost-share grants. Many
private landowners, however, are wary of the possible consequences of
encouraging endangered species to their property, and there is mounting
evidence that some regulatory actions by the Federal government, while
well-intentioned and required by law, can under certain circumstances
have unintended negative consequences for the conservation of species
on private lands (Wilcove et al. 1996, Bean 2002, Conner and Mathews
2002, James 2002, Koch 2002, Brook et al. 2003). Many landowners fear a
decline in their property value due to real or perceived restrictions
on land-use options where threatened or endangered species are found.
Consequently, harboring endangered species is viewed by many landowners
as a liability, resulting in anti-conservation incentives because
maintaining habitats that harbor endangered species represents a risk
to future economic opportunities (Main et al. 1999, Brook et al. 2003).
The purpose of designating critical habitat is to contribute to the
conservation of threatened and endangered species and the ecosystems
upon which they depend. The outcome of the designation (triggering
regulatory requirements for actions funded, authorized, or carried out
by Federal agencies under section 7 of the Act) can sometimes be
counterproductive to its intended purpose on non-Federal lands.
According to some researchers, the designation of critical habitat on
private lands significantly reduces the likelihood that landowners will
support and carry out conservation actions (Main et al. 1999, Bean
2002, Brook et al. 2003). The magnitude of this negative outcome is
greatly amplified in situations where active management measures (such
as reintroduction, fire management, control of invasive species) are
necessary for species conservation (Bean 2002).
The Service believes that the judicious use of excluding specific
areas of non-Federally owned lands from critical habitat designations
can contribute to species recovery and provide a superior level of
conservation than designation of critical habitat alone. For example,
less than 17 percent of Hawaii is federally owned, but the state is
home to more than 24 percent of all federally listed species, most of
which will not recover without State and private landowner cooperation.
On the island of Lanai, Castle and Cooke Resorts, LLC, which owns 99
percent of the island, entered into a conservation agreement with the
Service. The conservation agreement provides conservation benefits to
target species through management actions that remove threats (such as
axis deer, mouflon sheep, rats, invasive non-native plants) from the
Lanaihale and East Lanai Regions. Specific management actions include
fire control measures, nursery propagation of native flora (including
the target species) and planting of such flora. These actions will
significantly improve the habitat for all currently occurring species.
Due to the low likelihood of a Federal nexus on the island, we believe
that the benefits of excluding the lands covered by the MOA exceeded
the benefits of including them. As stated in the final critical habitat
rule for endangered plants on the Island of Lanai:
On Lanai, simply preventing ``harmful activities'' will not slow
the extinction of listed plant species. Where consistent with the
discretion provided by the Act, the Service believes it is necessary
to implement policies that provide positive incentives to private
landowners to voluntarily conserve natural resources and that remove
or reduce disincentives to conservation. While the impact of
providing these incentives may be modest in economic terms, they can
be significant in terms of conservation benefits that can stem from
the cooperation of the landowner. The continued participation of
Castle and Cooke Resorts, LLC, in the existing Lanai Forest and
Watershed Partnership and other voluntary conservation agreements
will greatly enhance the Service's ability to further the recovery
of these endangered plants.
Secretary Norton's ``4C's'' philosophy--conservation through
communication, consultation, and cooperation--is the foundation for
developing the tools of conservation. These tools include conservation
grants, funding for Partners for Fish and Wildlife Program, the Coastal
Program, and cooperative-conservation challenge cost-share grants. Our
Private Stewardship Grant program and Landowner Incentive Program
provide assistance to private land owners in their voluntary efforts to
protect threatened, imperiled, and endangered species, including the
development and implementation of HCPs.
Conservation agreements with non-Federal landowners (such as HCPs,
contractual conservation agreements, easements, and stakeholder-
negotiated State regulations) enhance species conservation by extending
species protections beyond those available through section 7
consultations. In the past decade we have encouraged non-Federal
landowners to enter into conservation agreements, based on a view that
we can achieve greater species conservation on non-Federal land through
such partnerships than we can through coercive methods (61 FR 63854;
December 2, 1996).
We recognize that conservation efforts are underway that may allow
us to exclude some areas. Should information become available during
the public comment period on management plans or strategies that would
provide benefit to the species, we will analyze the information and
make a determination of the appropriateness of such an exclusion in our
final designation.
General Principles of Section 7 Consultations Used in the 4(b)(2)
Balancing Process
The most direct, and potentially largest, regulatory benefit of
critical habitat is that federally authorized, funded, or carried out
activities require consultation pursuant to section 7 of the Act to
ensure that they are not likely to destroy or adversely modify critical
habitat. There are two limitations to this regulatory effect. First, it
only applies where there is a Federal nexus--if there is no Federal
nexus, designation itself does not restrict actions that destroy or
adversely modify critical habitat. Second, it only limits destruction
or adverse modification. By its nature, the prohibition on adverse
modification is designed to ensure those areas that contain the
physical and biological
[[Page 18473]]
features essential to the conservation of the species or unoccupied
areas that are essential to the conservation of the species are not
eroded. Critical habitat designation alone, however, does not require
specific steps toward recovery.
Once consultation under section 7 of the Act is triggered, the
process may conclude informally when the Service concurs in writing
that the proposed Federal action is not likely to adversely affect the
listed species or its critical habitat. However, if the Service
determines through informal consultation that adverse impacts are
likely to occur, then formal consultation would be initiated. Formal
consultation concludes with a biological opinion issued by the Service
on whether the proposed Federal action is likely to jeopardize the
continued existence of a listed species or result in destruction or
adverse modification of critical habitat, with separate analyses being
made under both the jeopardy and the adverse modification standards.
For critical habitat, a biological opinion that concludes in a
determination of no destruction or adverse modification may contain
discretionary conservation recommendations to minimize adverse effects
to primary constituent elements, but it would not contain any mandatory
reasonable and prudent measures or terms and conditions. Mandatory
reasonable and prudent alternatives to the proposed Federal action
would only be issued when the biological opinion results in a jeopardy
or adverse modification conclusion.
We also note that for 30 years prior to the Ninth Circuit Court's
decision in Gifford Pinchot, the Service equated the jeopardy standard
with the standard for destruction or adverse modification of critical
habitat. The Court ruled that the Service could no longer equate the
two standards and that adverse modification evaluations require
consideration of impacts on the recovery of species. Thus, under the
Gifford Pinchot decision, critical habitat designations may provide
greater benefits to the recovery of a species. However, we believe the
conservation achieved through implementing HCPs or other habitat
management plans is typically greater than would be achieved through
multiple site-by-site, project-by-project, section 7 consultations
involving consideration of critical habitat. Management plans commit
resources to implement long-term management and protection to
particular habitat for at least one and possibly other listed or
sensitive species. Section 7 consultations only commit Federal agencies
to prevent adverse modification to critical habitat caused by the
particular project, and they are not committed to provide conservation
or long-term benefits to areas not affected by the proposed project.
Thus, any HCP or management plan that considers enhancement or recovery
as the management standard will always provide as much or more benefit
than a consultation for critical habitat designation conducted under
the standards required by the Ninth Circuit in the Gifford Pinchot
decision.
The information provided in this section applies to all the
discussions below that discuss the benefits of inclusion and exclusion
of critical habitat in that it provides the framework for the
consultation process.
Educational Benefits of Critical Habitat
A benefit of including lands in critical habitat is that the
designation of critical habitat serves to educate landowners, State and
local governments, and the public regarding the potential conservation
value of an area. This helps focus and promote conservation efforts by
other parties by clearly delineating areas of high conservation value
for Cirsium hydrophilum var. hydrophilum and Cordylanthus mollis ssp.
mollis. In general the educational benefit of a critical habitat
designation always exists, although in some cases it may be redundant
with other educational effects. For example, HCPs have significant
public input and may largely duplicate the educational benefit of a
critical habitat designation. This benefit is closely related to a
second, more indirect benefit: that designation of critical habitat
would inform State agencies and local governments about areas that
could be conserved under State laws or local ordinances.
However, we believe that there would be little additional
informational benefit gained from the designation of critical habitat
for the exclusions we are proposing in this rule because these areas
are included in this proposed rule as having habitat containing the
features essential to the conservation of the species. Consequently, we
believe that the informational benefits are already provided even
though these areas are being proposed for exclusion from the critical
habitat designation. Additionally, the purpose normally served by the
designation of informing State agencies and local governments about
areas that would benefit from protection and enhancement of habitat for
Cirsium hydrophilum var. hydrophilum and Cordylanthus mollis ssp.
mollis is already well established among State and local governments,
and Federal agencies in those areas that we are proposing to exclude
from critical habitat in this rule on the basis of other existing
habitat management protections.
Economic Analysis
An analysis of the economic impacts of proposing critical habitat
for Cirsium hydrophilum var. hydrophilum and Cordylanthus mollis ssp.
mollis is being prepared. We will announce the availability of the
draft economic analysis as soon as it is completed, at which time we
will seek public review and comment. At that time, copies of the draft
economic analysis will be available for downloading from the Internet
at http://www.fws.gov/sacramento/, or by contacting the Sacramento Fish
and Wildlife Office directly (see ADDRESSES section).
Peer Review
In accordance with our joint policy published in the Federal
Register on July 1, 1994 (59 FR 34270), we will seek the expert
opinions of at least three appropriate and independent specialists
regarding this proposed rule. The purpose of such review is to ensure
that our critical habitat designation is based on scientifically sound
data, assumptions, and analyses. We will send copies of this proposed
rule to these peer reviewers immediately following publication in the
Federal Register. We will invite these peer reviewers to comment,
during the public comment period, on the specific assumptions and
conclusions regarding the proposed designation of critical habitat.
We will consider all comments and information received during the
comment period on this proposed rule during preparation of a final
rulemaking. Accordingly, the final decision may differ from this
proposal.
Public Hearings
The Act provides for one or more public hearings on this proposal,
if requested. Requests for public hearings must be made in writing at
least 15 days prior to the close of the public comment period. We will
schedule public hearings on this proposal, if any are requested, and
announce the dates, times, and places of those hearings in the Federal
Register and local newspapers at least 15 days prior to the first
hearing.
Clarity of the Rule
Executive Order (E.O.) 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
[[Page 18474]]
the following: (1) Are the requirements in the proposed rule clearly
stated? (2) Does the proposed rule contain technical jargon that
interferes with the clarity? (3) Does the format of the proposed rule
(grouping and order of the sections, use of headings, paragraphing, and
so forth) aid or reduce its clarity? (4) Is the description of the
notice in the SUPPLEMENTARY INFORMATION section of the preamble helpful
in understanding the proposed rule? (5) What else could we do to make
this proposed rule easier to understand?
Send a copy of any comments on how we could make this proposed rule
easier to understand to: Office of Regulatory Affairs, Department of
the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. You
may e-mail your comments to this address: [email protected].
Required Determinations
Regulatory Planning and Review
In accordance with E.O. 12866, this document is a significant rule
in that it may raise novel legal and policy issues, but it is not
anticipated to have an annual effect on the economy of $100 million or
more or affect the economy in a material way. Due to the tight timeline
for publication in the Federal Register, the Office of Management and
Budget (OMB) has not formally reviewed this rule. We are preparing a
draft economic analysis of this proposed action, which will be
available for public comment, to determine the economic consequences of
designating the specific area as critical habitat. This economic
analysis also will be used to determine compliance with E.O. 12866,
Regulatory Flexibility Act, Small Business Regulatory Enforcement
Fairness Act, and E.O. 12630.
Within these areas, the types of Federal actions or authorized
activities that we have identified as potential concerns are listed
above in the section on Section 7 Consultation. The availability of the
draft economic analysis will be announced in the Federal Register and
in local newspapers so that it is available for public review and
comments. The draft economic analysis can be obtained from the internet
Web site at http://www.fws.gov/sacramento/ or by contacting the
Sacramento Fish and Wildlife Office directly (see ADDRESSES section).
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).
However, no regulatory flexibility analysis is required if the head of
the agency certifies the rule will not have a significant economic
impact on a substantial number of small entities. The SBREFA amended
the Regulatory Flexibility Act (RFA) to require Federal agencies to
provide a statement of the factual basis for certifying that the rule
will not have a significant economic impact on a substantial number of
small entities.
At this time, the Service lacks the available economic information
necessary to provide an adequate factual basis for the required RFA
finding. Therefore, the RFA finding is deferred until completion of the
draft economic analysis prepared pursuant to section 4(b)(2) of the ESA
and E.O. 12866. This draft economic analysis will provide the required
factual basis for the RFA finding. Upon completion of the draft
economic analysis, the Service will publish a notice of availability of
the draft economic analysis of the proposed designation and reopen the
public comment period for the proposed designation for an additional
timeframe. The Service will include with the notice of availability, as
appropriate, an initial regulatory flexibility analysis or a
certification that the rule will not have a significant economic impact
on a substantial number of small entities accompanied by the factual
basis for that determination. The Service has concluded that deferring
the RFA finding until completion of the draft economic analysis is
necessary to meet the purposes and requirements of the RFA. Deferring
the RFA finding in this manner will ensure that the Service makes a
sufficiently informed determination based on adequate economic
information and provides the necessary opportunity for public comment.
Executive Order 13211
On May 18, 2001, the President issued an E.O. (E.O. 13211) on
regulations that significantly affect energy supply, distribution, and
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. This proposed rule to
designate critical habitat for Cirsium hydrophilum var. hydrophilum and
Cordylanthus mollis ssp. mollis is not a significant regulatory action
under E.O. 12866, and it is not expected to significantly affect energy
supplies, distribution, or use. Therefore, this action is not a
significant energy action and no Statement of Energy Effects is
required.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act (2 U.S.C.
1501), the Service makes the following findings:
(a) This rule will not produce a Federal mandate. In general, a
Federal mandate is a provision in legislation, statute or regulation
that would impose an enforceable duty upon State, local, tribal
governments, or the private sector and includes both ``Federal
intergovernmental mandates'' and ``Federal private sector mandates.''
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal
intergovernmental mandate'' includes a regulation that ``would impose
an enforceable duty upon State, local, or tribal governments'' with two
exceptions. It excludes ``a condition of Federal assistance.'' It also
excludes ``a duty arising from participation in a voluntary Federal
program,'' unless the regulation ``relates to a then-existing Federal
program under which $500,000,000 or more is provided annually to State,
local, and tribal governments under entitlement authority,'' if the
provision would ``increase the stringency of conditions of assistance''
or ``place caps upon, or otherwise decrease, the Federal Government's
responsibility to provide funding,'' and the State, local, or tribal
governments ``lack authority'' to adjust accordingly. At the time of
enactment, these entitlement programs were: Medicaid; AFDC work
programs; Child Nutrition; Food Stamps; Social Services Block Grants;
Vocational Rehabilitation State Grants; Foster Care, Adoption
Assistance, and Independent Living; Family Support Welfare Services;
and Child Support Enforcement. ``Federal private sector mandate''
includes a regulation that ``would impose an enforceable duty upon the
private sector, except (i) a condition of Federal assistance or (ii) a
duty arising from participation in a voluntary Federal program.''
The designation of critical habitat does not impose a legally
binding duty on non-Federal government entities or private parties.
Under the Act, the only regulatory effect is that Federal agencies must
ensure that their actions do not destroy or adversely modify critical
habitat under section 7. While non-Federal entities that receive
Federal
[[Page 18475]]
funding, assistance, or permits, or that otherwise require approval or
authorization from a Federal agency for an action, may be indirectly
impacted by the designation of critical habitat, the legally binding
duty to avoid destruction or adverse modification of critical habitat
rests squarely on the Federal agency. Furthermore, to the extent that
non-Federal entities are indirectly impacted because they receive
Federal assistance or participate in a voluntary Federal aid program,
the Unfunded Mandates Reform Act would not apply; nor would critical
habitat shift the costs of the large entitlement programs listed above
on to State governments.
(b) We do not believe that this rule will significantly or uniquely
affect small governments because only 1.2 percent (27.9 ac/11.4 ha) of
the total proposed critical habitat designation for Cordylanthus mollis
ssp. mollis is owned by small government entities and none for Cirsium
hydrophilum var. hydrophilum. These entities include Napa County and
the City of Napa, California. As such, Small Government Agency Plan is
not required. We will, however, further evaluate this issue as we
conduct our economic analysis and revise this assessment if
appropriate.
Federalism
In accordance with E.O. 13132, the rule does not have significant
Federalism effects. A Federalism assessment is not required. In keeping
with DOI and Department of Commerce policy, we requested information
from, and coordinated development of, this proposed critical habitat
designation with appropriate State resource agencies in California. The
designation of critical habitat in areas currently occupied by Cirsium
hydrophilum var. hydrophilum and Cordylanthus mollis ssp. mollis
imposes no additional restrictions to those currently in place and,
therefore, has little incremental impact on State and local governments
and their activities. The designation may have some benefit to these
governments in that the areas essential to the conservation of the
subspecies are more clearly defined, and the primary constituent
elements of the habitat necessary to the survival of the subspecies are
specifically identified. While making this definition and
identification does not alter where and what federally sponsored
activities may occur, it may assist these local governments in long-
range planning (rather than waiting for case-by-case section 7
consultations to occur).
Civil Justice Reform
In accordance with E.O. 12988, the Office of the Solicitor has
determined that the rule does not unduly burden the judicial system and
meets the requirements of sections 3(a) and 3(b)(2) of the Order. We
have proposed designating critical habitat in accordance with the
provisions of the Endangered Species Act. This proposed rule uses
standard property descriptions and identifies the primary constituent
elements within the designated areas to assist the public in
understanding the habitat needs of Cirsium hydrophilum var. hydrophilum
and Cordylanthus mollis ssp. mollis.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not contain any new collections of information that
require approval by OMB under the Paperwork Reduction Act. This rule
will not impose recordkeeping or reporting requirements on State or
local governments, individuals, businesses, or organizations. An agency
may not conduct or sponsor, and a person is not required to respond to,
a collection of information unless it displays a currently valid OMB
control number.
National Environmental Policy Act
It is our position that, outside the Tenth Circuit, we do not need
to prepare environmental analyses as defined by the NEPA in connection
with designating critical habitat under the Endangered Species Act of
1973, as amended. We published a notice outlining our reasons for this
determination in the Federal Register on October 25, 1983 (48 FR
49244). This assertion was upheld in the courts of the Ninth Circuit
(Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. Ore. 1995), cert.
denied 116 S. Ct. 698 (1996).
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), E.O. 13175, and the Department of
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. We have determined that
there are no Tribal lands occupied at the time of listing that contain
the features essential for the conservation of Cirsium hydrophilum var.
hydrophilum and Cordylanthus mollis ssp. mollis. Therefore, designation
of critical habitat for C. hydrophilum var. hydrophilum and C. mollis
ssp. mollis has not been designated on Tribal lands.
References Cited
A complete list of all references cited in this rulemaking is
available upon request from the Field Supervisor, Sacramento Fish and
Wildlife Office (see ADDRESSES section).
Author(s)
The primary author of this package is the Oregon Fish and Wildlife
Office, U.S. Fish and Wildlife Service, Portland, Oregon, and staff
from the Sacramento (CA) Fish and Wildlife Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations, as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. In Sec. 17.12(h), revise the entries for Cirsium hydrophilum
var. hydrophilum (Suisun thistle) and Cordylanthus mollis ssp. mollis
(soft bird's-beak) under ``FLOWERING PLANTS'' to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
[[Page 18476]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
----------------------------------------------------------- Historic range Family Status When Critical Special
Scientific name Common name listed habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
FLOWERING PLANTS
* * * * * * *
Cirsium hydrophilum var. Suisun thistle....... U.S.A. (CA).......... Asteraceae........... E 627 17.96(a) NA
hydrophilum.
* * * * * * *
Cordylanthus mollis var. ssp. Soft bird's-beak..... U.S.A. (CA).......... Scrophulariaceae..... E 627 17.96(a) NA.
mollis.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
3. Amend Sec. 17.96(a), by adding an entry for Cirsium hydrophilum
var. hydrophilum (Suisun thistle) in alphabetical order under family
Asteraceae and an entry for Cordylanthus mollis ssp. mollis (soft
bird's-beak) in alphabetical order under family Scrophulariaceae to
read as follows:
Sec. 17.96 Critical habitat'plants.
(a) Flowering plants.
* * * * *
Family Asteraceae: Cirsium hydrophilum var. hydrophilum (Suisun
thistle)
(1) Critical habitat units are depicted for Solano County,
California, on the maps below.
(2) The primary constituent elements (PCEs) of critical habitat for
Cirsium hydrophilum var. hydrophilum are the habitat components that
provide:
(i) Tidally influenced marsh areas (intertidal emergent estuarine
marshes) bounded on the seaward edge by the mean high water line and on
the landward edge by a marsh-upland ecotone; and containing channel
networks influenced by freshwater and saltwater hydrology and
exhibiting full natural tidal inundations to allow for channel
development and migration through erosional and depositional processes
(such as channel undercutting, bank slumping, and sedimentation) during
daily flood and ebb flows and seasonal storm events.
(ii) Areas associated with PCE 1 that are between the bank and high
water mark of natural tidal channels, along the banks of tidally
influenced canals or ditches, or within tidally influenced floodplains
that contain hydric soils that are slightly to moderately saline (4 to
16 decisiemens/meter (dS/m)) within the first 3 ft (0.9 m) of soil
depth.
(3) Critical habitat does not include man-made structures and the
land they occupy, existing on the effective date of this rule and not
containing one or more of the PCEs, such as buildings, aqueducts,
airports, and roads, and the land on which such structures are located.
(4) Data layers defining Solano County map units were created on a
base map using CDWR color mosaic 1:9,600 scale digital aerial
photographs for Suisun Bay captured June 16, 2003 (CDFG 2005c).
Critical habitat units were then mapped using Universal Transverse
Mercator (UTM) zone 10, North American Datum (NAD) 1983 coordinates.
(5) Note: Map 1 (Index map for Cirsium hydrophilum var.
hydrophilum) follows:
BILLING CODE 4310-55-P
[[Page 18477]]
[GRAPHIC] [TIFF OMITTED] TP11AP06.001
BILLING CODE 4310-55-C
[[Page 18478]]
(6) Unit 1 for Cirsium hydrophilum var. hydrophilum: Hill Slough
Marsh, Solano County, California.
(i) Unit 1: Land bounded by the following UTM zone 10, NAD 1983
coordinates (E, N): 586821, 4231248; 586825, 4231260; 586834, 4231272;
586848, 4231278; 586868, 4231280; 586930, 4231305; 586934, 4231417;
586934, 4231457; 586933, 4231517; 586936, 4231569; 586931, 4231638;
586933, 4231730; 586930, 4231824; 586927, 4231988; 586932, 4232511;
586935, 4232541; 587032, 4232539; 587031, 4232513; 587025, 4232474;
587022, 4232447; 587028, 4232423; 587045, 4232382; 587207, 4232226;
587186, 4232194; 587189, 4232174; 587211, 4232155; 587232, 4232152;
587246, 4232165; 587275, 4232169; 587294, 4232159; 587307, 4232136;
587314, 4232107; 587310, 4232094; 587350, 4232087; 587391, 4232079;
587427, 4232061; 587470, 4232043; 587490, 4232041; 587513, 4232049;
587544, 4232041; 587602, 4232017; 587641, 4231995; 587689, 4231981;
587738, 4231977; 587763, 4231981; 587776, 4231987; 587790, 4231996;
587803, 4232008; 587814, 4232019; 587826, 4232031; 587844, 4232043;
587859, 4232051; 587882, 4232067; 587897, 4232078; 587933, 4232080;
587944, 4232075; 587951, 4232066; 587957, 4232059; 587985, 4232048;
588000, 4232042; 588016, 4232041; 588028, 4232043; 588041, 4232044;
588050, 4232058; 588051, 4232075; 588048, 4232095; 588055, 4232133;
588083, 4232223; 588094, 4232243; 588105, 4232252; 588114, 4232256;
588124, 4232254; 588136, 4232249; 588141, 4232237; 588137, 4232225;
588132, 4232212; 588149, 4232197; 588157, 4232186; 588162, 4232179;
588182, 4232158; 588195, 4232146; 588218, 4232130; 588228, 4232126;
588241, 4232122; 588245, 4232122; 588255, 4232141; 588259, 4232149;
588270, 4232160; 588277, 4232165; 588284, 4232175; 588287, 4232187;
588287, 4232197; 588290, 4232212; 588295, 4232222; 588306, 4232225;
588311, 4232235; 588316, 4232250; 588324, 4232254; 588334, 4232254;
588340, 4232249; 588339, 4232240; 588333, 4232226; 588333, 4232216;
588336, 4232206; 588345, 4232198; 588353, 4232189; 588360, 4232187;
588379, 4232192; 588390, 4232198; 588452, 4232235; 588471, 4232243;
588492, 4232242; 588511, 4232234; 588530, 4232208; 588547, 4232165;
588556, 4232147; 588566, 4232134; 588574, 4232126; 588583, 4232120;
588601, 4232110; 588612, 4232108; 588611, 4232115; 588610, 4232136;
588651, 4232135; 588671, 4232140; 588699, 4232155; 588721, 4232161;
588740, 4232164; 588767, 4232164; 588782, 4232165; 588804, 4232167;
588849, 4232173; 588861, 4232168; 588872, 4232160; 588883, 4232160;
588895, 4232156; 588905, 4232149; 588912, 4232139; 588942, 4232080;
588952, 4232058; 588960, 4232026; 588977, 4231960; 588981, 4231923;
589001, 4231852; 589003, 4231845; 589000, 4231842; 588992, 4231841;
588981, 4231837; 588977, 4231835; 588974, 4231830; 588978, 4231820;
588984, 4231809; 588977, 4231793; 588953, 4231768; 588939, 4231787;
588924, 4231794; 588893, 4231818; 588880, 4231823; 588863, 4231824;
588851, 4231825; 588836, 4231820; 588792, 4231774; 588775, 4231776;
588755, 4231773; 588721, 4231762; 588681, 4231743; 588675, 4231734;
588658, 4231722; 588638, 4231713; 588608, 4231699; 588595, 4231652;
588586, 4231603; 588608, 4231581; 588641, 4231569; 588656, 4231552;
588668, 4231537; 588677, 4231521; 588681, 4231502; 588676, 4231467;
588666, 4231440; 588657, 4231437; 588636, 4231428; 588608, 4231424;
588601, 4231422; 588598, 4231419; 588602, 4231403; 588611, 4231373;
588614, 4231342; 588624, 4231331; 588638, 4231321; 588641, 4231314;
588645, 4231281; 588656, 4231238; 588701, 4231195; 588736, 4231180;
588803, 4231181; 588814, 4231181; 588824, 4231184; 588831, 4231190;
588882, 4231194; 589011, 4231195; 589145, 4231191; 589186, 4231192;
589193, 4231199; 589203, 4231197; 589210, 4231196; 589217, 4231201;
589230, 4231205; 589240, 4231206; 589250, 4231196; 589261, 4231192;
589310, 4231190; 589309, 4231065; 589323, 4231065; 589325, 4231164;
589331, 4231171; 589351, 4231176; 589380, 4231174; 589408, 4231167;
589424, 4231166; 589433, 4231174; 589444, 4231178; 589460, 4231176;
589475, 4231167; 589481, 4231152; 589485, 4231143; 589432, 4231067;
589400, 4231023; 589353, 4230961; 589338, 4230944; 589333, 4230940;
589328, 4230941; 589323, 4230944; 589320, 4230949; 589322, 4231051;
589308, 4231051; 589309, 4230996; 589305, 4230988; 589291, 4230981;
589215, 4230998; 589155, 4231004; 589115, 4230996; 589050, 4230984;
588997, 4230950; 588946, 4230926; 588913, 4230919; 588884, 4230915;
588844, 4230911; 588806, 4230912; 588782, 4230916; 588738, 4230927;
588719, 4230936; 588685, 4230942; 588651, 4230957; 588590, 4230978;
588547, 4230994; 588435, 4231007; 588395, 4231011; 588361, 4231016;
588338, 4231022; 588297, 4231039; 588261, 4231055; 588226, 4231074;
588198, 4231091; 588178, 4231101; 588158, 4231102; 588135, 4231100;
588111, 4231098; 588063, 4231103; 588046, 4231107; 588028, 4231119;
587998, 4231130; 587978, 4231131; 587961, 4231124; 587948, 4231111;
587849, 4231089; 587852, 4231100; 587855, 4231118; 587851, 4231133;
587846, 4231150; 587842, 4231164; 587836, 4231167; 587823, 4231172;
587810, 4231175; 587796, 4231182; 587785, 4231200; 587777, 4231220;
587753, 4231255; 587742, 4231264; 587720, 4231266; 587707, 4231261;
587698, 4231249; 587696, 4231235; 587691, 4231183; 587646, 4231135;
587593, 4231083; 587561, 4231076; 587537, 4231070; 587516, 4231072;
587504, 4231078; 587490, 4231079; 587452, 4231086; 587416, 4231075;
587349, 4231070; 587323, 4231070; 587310, 4231073; 587266, 4231097;
587248, 4231099; 587223, 4231093; 587177, 4231085; 587134, 4231087;
587114, 4231097; 587090, 4231120; 587062, 4231140; 587037, 4231141;
587003, 4231126; 586984, 4231120; 586963, 4231121; 586948, 4231123;
586939, 4231125; 586932, 4231138; 586944, 4231161; 586943, 4231180;
586935, 4231197; 586919, 4231215; 586896, 4231226; 586882, 4231229;
586868, 4231222; 586848, 4231217; 586830, 4231226; 586823, 4231235;
586821, 4231248.
(ii) Note: Unit 1 for Cirsium hydrophilum var. hydrophilum is
depicted on Map 2--see paragraph 8(ii).
(7) Unit 2 (Subunits 2A and 2B) for Cirsium hydrophilum var.
hydrophilum: Peytonia Slough Marsh, Solano County, California.
(i) Subunit 2A: Land bounded by the following UTM zone 10, NAD 1983
coordinates (E, N): 582704, 4231361; 582681, 4231360; 582655, 4231364;
582636, 4231367; 582606, 4231377; 582583, 4231379; 582557, 4231382;
582549, 4231387; 582545, 4231395; 582540, 4231408; 582536, 4231420;
582532, 4231426; 582524, 4231430; 582515, 4231434; 582504, 4231436;
582488, 4231439; 582480, 4231438; 582473, 4231436; 582472, 4231433;
582471, 4231429; 582469, 4231414; 582469, 4231396; 582470, 4231385;
582468, 4231383; 582465, 4231382; 582434, 4231390; 582400, 4231403;
582364, 4231411; 582344, 4231413; 582331, 4231414; 582345, 4231454;
582366, 4231508; 582370, 4231512; 582378, 4231515; 582393, 4231534;
582400, 4231547; 582407, 4231550; 582443, 4231547; 582476, 4231550;
582495, 4231552; 582503, 4231557; 582510, 4231563; 582528, 4231582;
582539, 4231595; 582551, 4231603; 582583, 4231619; 582626, 4231641;
[[Page 18479]]
582670, 4231672; 582692, 4231693; 582782, 4231782; 582830, 4231815;
582844, 4231832; 582850, 4231841; 582855, 4231856; 582856, 4231870;
582862, 4231878; 582878, 4231888; 582939, 4231915; 582970, 4231937;
583129, 4232108; 583148, 4232140; 583164, 4232175; 583284, 4232365;
583293, 4232377; 583305, 4232384; 583319, 4232387; 583333, 4232386;
583349, 4232377; 583371, 4232350; 583391, 4232315; 583398, 4232298;
583402, 4232278; 583404, 4232254; 583404, 4232238; 583403, 4232218;
583401, 4232207; 583396, 4232181; 583349, 4232056; 583284, 4231895;
583291, 4231882; 583260, 4231794; 583195, 4231625; 583173, 4231570;
583066, 4231313; 582967, 4231059; 582953, 4231087; 582938, 4231101;
582922, 4231109; 582908, 4231115; 582886, 4231113; 582875, 4231116;
582864, 4231127; 582861, 4231138; 582861, 4231163; 582854, 4231183;
582842, 4231196; 582775, 4231252; 582763, 4231266; 582754, 4231280;
582752, 4231290; 582753, 4231306; 582760, 4231335; 582742, 4231364;
582724, 4231366; 582704, 4231361.
(ii) Subunit 2B: Land bounded by the following UTM zone 10, NAD
1983 coordinates (E, N): 582974, 4231032; 583313, 4231870; 583328,
4231873; 583501, 4232317; 583572, 4232314; 583572, 4232304; 583575,
4232298; 583581, 4232291; 583588, 4232283; 583594, 4232281; 583599,
4232282; 583602, 4232287; 583608, 4232288; 583613, 4232289; 583611,
4232294; 583615, 4232298; 583621, 4232298; 583633, 4232298; 583634,
4232285; 583636, 4232281; 583639, 4232279; 583719, 4232277; 583745,
4232276; 583752, 4232274; 583758, 4232270; 583763, 4232259; 583768,
4232228; 583790, 4232052; 583794, 4232022; 583798, 4231999; 583810,
4231967; 583813, 4231963; 583826, 4231961; 583842, 4231966; 583861,
4231967; 583873, 4231968; 583882, 4231968; 583890, 4231951; 583916,
4231951; 583917, 4231956; 583920, 4231963; 583922, 4231966; 583932,
4231966; 583940, 4231966; 583945, 4231962; 583953, 4231963; 583959,
4231964; 583966, 4231966; 583972, 4231966; 583980, 4231963; 583983,
4231954; 583987, 4231948; 583992, 4231944; 584003, 4231930; 584019,
4231925; 584026, 4231922; 584043, 4231902; 584051, 4231884; 584060,
4231865; 584067, 4231857; 584077, 4231852; 584098, 4231844; 584116,
4231846; 584126, 4231853; 584136, 4231855; 584149, 4231850; 584167,
4231823; 584200, 4231828; 584154, 4231969; 584272, 4232006; 584290,
4231979; 584302, 4231954; 584308, 4231939; 584314, 4231931; 584325,
4231891; 584336, 4231848; 584353, 4231790; 584378, 4231720; 584393,
4231676; 584445, 4231535; 584495, 4231395; 584493, 4231381; 584491,
4231370; 584490, 4231355; 584485; 4231355; 584479, 4231364; 584467,
4231397; 584455, 4231415; 584443, 4231434; 584419, 4231448; 584397,
4231452; 584378, 4231451; 584353, 4231436; 584343, 4231424; 584335,
4231411; 584328, 4231370; 584325, 4231330; 584323, 4231324; 584318,
4231320; 584309, 4231325; 584289, 4231349; 584255, 4231391; 584237,
4231400; 584210, 4231408; 584187, 4231407; 584171, 4231400; 584159,
4231388; 584134, 4231356; 584117, 4231338; 584093, 4231337; 584022,
4231359; 584000, 4231375; 583963, 4231397; 583937, 4231404; 583913,
4231403; 583891, 4231392; 583873, 4231376; 583864, 4231360; 583853,
4231340; 583840, 4231324; 583817, 4231311; 583790, 4231287; 583775,
4231256; 583770, 4231231; 583767, 4231196; 583762, 4231135; 583758,
4231094; 583749, 4231057; 583736, 4231025; 583724, 4230989; 583720,
4230973; 583722, 4230922; 583715, 4230893; 583691; 4230862; 583671,
4230835; 583664, 4230816; 583662, 4230799; 583666, 4230760; 583665,
4230715; 583659, 4230699; 583646, 4230684; 583633, 4230677; 583618,
4230669; 583598, 4230667; 583582, 4230669; 583567, 4230679; 583562,
4230689; 583555, 4230715; 583535, 4230746; 583528, 4230764; 583511,
4230771; 583486, 4230779; 583460, 4230779; 583443, 4230778; 583424,
4230770; 583390, 4230748; 583365, 4230737; 583345, 4230734; 583332,
4230734; 583323, 4230740; 583319, 4230750; 583322, 4230768; 583336,
4230780; 583366, 4230796; 583384, 4230808; 583396, 4230820; 583406,
4230832; 583410, 4230849; 583408, 4230860; 583401, 4230873; 583383,
4230886; 583362, 4230895; 583338, 4230898; 583324, 4230893; 583291,
4230866; 583258, 4230849; 583244, 4230847; 583225, 4230868; 583214,
4230879; 583193, 4230892; 583158, 4230903; 583131, 4230908; 583106,
4230923; 583079, 4230935; 583061, 4230937; 583043, 4230935; 583030,
4230925; 583025, 4230912; 583023, 4230900; 583026, 4230886; 583035,
4230866; 583041, 4230845; 583036, 4230832; 583027, 4230826; 583015,
4230828; 582999, 4230847; 582989, 4230866; 582985, 4230874; 582984,
4230886; 582984, 4230912; 582984, 4230912; 582986, 4230920; 582989,
4230932; 582996, 4230944; 583003, 4230955; 583019, 4230971; 583025,
4230977; 583030, 4230983; 583033, 4230999; 583029, 4231014; 583017,
4231029; 583003, 4231033; 582982, 4231032; 582974, 4231032.
(iii) Note: Unit 2 (Subunits 2A and 2B) for Cirsium hydrophilum
var. hydrophilum is depicted on Map 2--see paragraph 8(ii).
(8) Unit 3 for Cirsium hydrophilum var. hydrophilum: Rush Ranch/
Grizzly Island Wildlife Area, Solano County, California.
(i) Unit 3: Land bounded by the following UTM zone 10, NAD 1983
coordinates (E, N): 583673, 4228103; 583675, 4228133; 583687, 4228156;
583700, 4228170; 583824, 4228206; 583898, 4228219; 583938, 4228221;
583961, 4228228; 583973, 4228240; 584002, 4228252; 584019, 4228251;
584032, 4228262; 584052, 4228268; 584062, 4228278; 584134, 4228347;
584153, 4228375; 584154, 4228398; 584147, 4228405; 584132, 4228407;
584146, 4228473; 584150, 4228514; 584135, 4228552; 584137, 4228573;
584128, 4228593; 584118, 4228631; 584109, 4228660; 584097, 4228672;
584085, 4228696; 584083, 4228711; 584067, 4228730; 584041, 4228786;
584038, 4228800; 584001, 4228862; 583993, 4228899; 583990, 4228918;
583995, 4228944; 583991, 4228950; 583994, 4228962; 584008, 4228976;
584020, 4228979; 584062, 4229001; 584095, 4229004; 584138, 4229000;
584179, 4228989; 584255, 4228968; 584276, 4228967; 584312, 4228956;
584341, 4228946; 584372, 4228940; 584420, 4228939; 584521, 4228954;
584553, 4228947; 584568, 4228965; 584588, 4228974; 584599, 4228997;
584621, 4229013; 584638, 4229054; 584656, 4229083; 584651, 4229091;
584656, 4229119; 584665, 4229146; 584663, 4229177; 584660, 4229211;
584653, 4229240; 584661, 4229251; 584655, 4229260; 584660, 4229271;
584678, 4229276; 584700, 4229277; 584707, 4229273; 584728, 4229274;
584737, 4229282; 584738, 4229292; 584748, 4229290; 584764, 4229294;
584768, 4229301; 584759, 4229305; 584718, 4229301; 584714, 4229313;
584755, 4229341; 584761, 4229345; 584765, 4229352; 584775, 4229376;
584792, 4229388; 584807, 4229388; 584821, 4229381; 584827, 4229366;
584827, 4229352; 584810, 4229333; 584806, 4229329; 584807, 4229325;
584815, 4229320; 584834, 4229291; 584862, 4229269; 584904, 4229244;
584937, 4229237; 584955, 4229235; 584968, 4229239; 584980, 4229233;
584986, 4229223; 584999, 4229211; 585004, 4229191; 585016, 4229175;
585024, 4229167; 585032, 4229163; 585050, 4229158; 585078, 4229144;
585125, 4229112; 585167, 4229099; 585191, 4229094; 585219, 4229094;
[[Page 18480]]
585243, 4229102; 585257, 4229113; 585270, 4229116; 585281, 4229116;
585291, 4229113; 585306, 4229090; 585319, 4229076; 585345, 4229068;
585365, 4229067; 585378, 4229061; 585382, 4229055; 585382, 4229047;
585380, 4229039; 585373, 4229029; 585366, 4229013; 585363, 4228998;
585367, 4228988; 585376, 4228983; 585410, 4228987; 585422, 4228998;
585438, 4229008; 585479, 4229011; 585515, 4229006; 585535, 4229002;
585554, 4228984; 585567, 4228949; 585573, 4228933; 585585, 4228913;
585600, 4228907; 585612, 4228908; 585625, 4228912; 585647, 4228920;
585642, 4228890; 585642, 4228873; 585622, 4228807; 585613, 4228795;
585591, 4228769; 585579, 4228766; 585571, 4228769; 585549, 4228793;
585542, 4228817; 585530, 4228822; 585505, 4228833; 585480, 4228849;
585438, 4228864; 585414, 4228871; 585400, 4228865; 585331, 4228844;
585323, 4228852; 585309, 4228850; 585299, 4228849; 585294, 4228846;
585293, 4228841; 585287, 4228835; 585305, 4228820; 585311, 4228824;
585324, 4228804; 585281, 4228807; 585274, 4228801; 585266, 4228782;
585250, 4228748; 585220, 4228671; 585264, 4228486; 585280, 4228425;
585290, 4228350; 585298, 4228147; 585299, 4228142; 585303, 4228138;
585507, 4227990; 585520, 4227986; 585588, 4227972; 585730, 4227946;
585813, 4227928; 585835, 4227927; 586151, 4227951; 586270, 4227960;
586286, 4227964; 586378, 4227971; 586420, 4227977; 586429, 4227988;
586438, 4227998; 586434, 4228018; 586430, 4228035; 586429, 4228066;
586442, 4228101; 586479, 4228127; 586518, 4228154; 586552, 4228173;
586584, 4228180; 586576, 4228199; 586602, 4228212; 586618, 4228207;
586625, 4228212; 586633, 4228227; 586642, 4228230; 586652, 4228229;
586669, 4228218; 586676, 4228213; 586690, 4228219; 586702, 4228228;
586705, 4228243; 586706, 4228267; 586706, 4228288; 586713, 4228308;
586695, 4228350; 586687, 4228381; 586692, 4228392; 586702, 4228402;
586712, 4228407; 586721, 4228406; 586732, 4228413; 586742, 4228414;
586750, 4228413; 586760, 4228409; 586774, 4228386; 586789, 4228366;
586847, 4228346; 586872, 4228350; 586897, 4228347; 586944, 4228304;
586989, 4228208; 586997, 4228176; 587006, 4228147; 587023, 4228133;
587062, 4228118; 587080, 4228122; 587097, 4228118; 587111, 4228087;
587126, 4228069; 587149, 4228056; 587172, 4228056; 587183, 4228065;
587188, 4228079; 587188, 4228094; 587177, 4228122; 587287, 4228085;
587295, 4228072; 587292, 4228064; 587278, 4228055; 587273, 4228038;
587316, 4228041; 587389, 4228027; 587460, 4228016; 587548, 4227976;
587617, 4227944; 587620, 4227957; 587626, 4227967; 587643, 4227967;
587658, 4227960; 587677, 4227954; 587682, 4227945; 587691, 4227939;
587699, 4227933; 587696, 4227905; 587771, 4227862; 587779, 4227871;
587790, 4227881; 587802, 4227886; 587821, 4227882; 587834, 4227875;
587845, 4227859; 587855, 4227849; 587863, 4227839; 587874, 4227841;
587883, 4227845; 587890, 4227853; 587901, 4227860; 587921, 4227856;
587935, 4227850; 587945, 4227839; 587955, 4227833; 587959, 4227820;
587984, 4227809; 588004, 4227799; 588059, 4227806; 588083, 4227797;
588229, 4227730; 588244, 4227721; 588264, 4227721; 588274, 4227718;
588276, 4227731; 588280, 4227749; 588359, 4227718; 588361, 4227693;
588515, 4227643; 588538, 4227632; 588552, 4227619; 588564, 4227604;
588596, 4227554; 588617, 4227507; 588627, 4227498; 588652, 4227502;
588703, 4227534; 588761, 4227555; 588822, 4227530; 588823, 4227505;
588830, 4227492; 588847, 4227475; 588913, 4227418; 588942, 4227396;
588976, 4227373; 589001, 4227370; 589030, 4227376; 589067, 4227391;
589084, 4227403; 589095, 4227419; 589112, 4227426; 589141, 4227416;
589143, 4227392; 589143, 4227340; 589148, 4227335; 589160, 4227337;
589190, 4227350; 589217, 4227341; 589249, 4227323; 589278, 4227331;
589294, 4227348; 589307, 4227349; 589320, 4227341; 589338, 4227311;
589359, 4227301; 589371, 4227303; 589387, 4227334; 589436, 4227339;
589447, 4227329; 589463, 4227327; 589478, 4227331; 589495, 4227329;
589502, 4227319; 589527, 4227309; 589568, 4227297; 589578, 4227294;
589585, 4227275; 589596, 4227236; 589597, 4227189; 589500, 4227183;
589348, 4227165; 589325, 4227155; 589274, 4227145; 589146, 4227108;
589084, 4227075; 588999, 4226997; 588865, 4226906; 588763, 4226822;
588737, 4226808; 588715, 4226811; 588640, 4226826; 588599, 4226831;
588596, 4226841; 588599, 4226860; 588606, 4226870; 588635, 4226918;
588692, 4227005; 588722, 4227076; 588740, 4227152; 588741, 4227188;
588739, 4227225; 588725, 4227262; 588711, 4227287; 588690, 4227313;
588645, 4227348; 588593, 4227381; 588495, 4227429; 588398, 4227461;
588264, 4227514; 588195, 4227547; 588127, 4227585; 588016, 4227644;
587974, 4227661; 587934, 4227670; 587885, 4227676; 587807, 4227674;
587752, 4227664; 587701, 4227650; 587632, 4227621; 587591, 4227595;
587533, 4227537; 587487, 4227456; 587467, 4227410; 587430, 4227281;
587385, 4227098; 587355, 4227029; 587326, 4226985; 587263, 4226919;
587112, 4226798; 586999, 4226714; 586868, 4226625; 586771, 4226575;
586734, 4226563; 586696, 4226556; 586646, 4226554; 586595, 4226558;
586548, 4226571; 586476, 4226611; 586342, 4226720; 586160, 4226880;
586014, 4226997; 585931, 4227078; 585835, 4227185; 585790, 4227234;
585743, 4227274; 585708, 4227298; 585673, 4227309; 585647, 4227312;
585613, 4227321; 585596, 4227329; 585579, 4227340; 585558, 4227365;
585541, 4227403; 585534, 4227449; 585536, 4227504; 585534, 4227570;
585516, 4227631; 585496, 4227674; 585475, 4227703; 585451, 4227721;
585428, 4227732; 585380, 4227737; 585320, 4227730; 585228, 4227698;
585161, 4227662; 585064, 4227603; 585034, 4227589; 585004, 4227581;
584964, 4227585; 584913, 4227597; 584870, 4227620; 584816, 4227660;
584777, 4227693; 584737, 4227738; 584713, 4227772; 584699, 4227799;
584675, 4227858; 584655, 4227890; 584624, 4227903; 584597, 4227902;
584568, 4227897; 584539, 4227888; 584525, 4227871; 584497, 4227842;
584462, 4227827; 584433, 4227814; 584415, 4227814; 584332, 4227794;
584289, 4227774; 584262, 4227754; 584247, 4227740; 584239, 4227722;
584223, 4227701; 584214, 4227700; 584196, 4227724; 584138, 4227768;
584106, 4227792; 584104, 4227804; 584090, 4227810; 584083, 4227808;
584056, 4227836; 583982, 4227893; 583937, 4227918; 583911, 4227932;
583814, 4227974; 583713, 4228012; 583691, 4228033; 583680, 4228053;
583675, 4228063; 583676, 4228074; 583673, 4228103.
(ii) Note: Unit 3 for Cirsium hydrophilum var. hydrophilum is
depicted on Map 2, which follows: [insert Map 2: Units 1, 2, and 3 for
Cirsium hydrophilum var. hydrophilum]
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* * * * *
Family Scrophulariaceae: Cordylanthus mollis ssp. mollis (soft bird's-
beak)
(1) Critical habitat units are depicted for Contra Costa, Napa, and
Solano Counties, California, on the maps below.
(2) The PCEs of critical habitat for Cordylanthus mollis ssp.
mollis are the habitat components that provide:
(i) Tidally influenced marsh areas (intertidal emergent estuarine
marshes) bounded on the seaward edge by the mean high water line and on
the landward edge by a marsh-upland ecotone; and containing channel
networks influenced by freshwater and saltwater hydrology and
exhibiting full natural tidal inundations to allow for channel
development and migration through erosional and depositional processes
(such as channel undercutting, bank slumping, and sedimentation) during
daily flood and ebb flows and seasonal storm events.
(ii) Areas associated with PCE 1 that are within tidally influenced
marsh floodplains that contain hydric soils that are slightly to
moderately saline (4 to 16 dS/m) within the first 3 ft (0.9 m) of soil
depth.
(iii) Tidal marsh habitats within PCE 1 and PCE 2 that have native
halophytic plant communities with an average canopy height equal to or
less than 20.5 in (52 cm);
(iv) Areas within PCE 1 and PCE 2 that provide for a sufficient
number of suitable host plants, including but not limited to Distichlis
spicata (salt grass), Salicornia virginica (pickleweed), and Jaumea
carnosa (marsh jaumea). These host plants provide the subspecies with
part of its water and nutritional requirements to augment its growth.
(3) Critical habitat does not include man-made structures existing
on the effective date of this rule and not containing one or more of
the PCEs, such as buildings, aqueducts, airports, and roads, and the
land on which such structures are located.
(4) Data layers defining Contra Costa, Napa, and Solano Counties
map units were created on a base map using California Spatial
Information Library black and white 1:24,000 scale digital orthophoto
quarter quadrangles captured June/July 1993. Critical habitat units
were then mapped using UTM zone 10, NAD 1983 coordinates.
(5) Note: Map 1 (Index map for Cordylanthus mollis ssp. mollis)
follows:
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(6) Unit 1 for Cordylanthus mollis ssp. mollis: Fagan Slough Marsh,
Napa County, California.
(i) Unit 1: Land bounded by the following UTM zone 10, NAD 1983
coordinates (E, N): 560527, 4229777; 560514, 4229819; 560510, 4229907;
560429, 4230254; 560427, 4230287; 560433, 4230304; 560444, 4230315;
560460, 4230326; 560489, 4230333; 560520, 4230338; 560559, 4230331;
560843, 4230233; 561055, 4230223; 561205, 4230236; 561248, 4230243;
561327, 4230272; 561399, 4230310; 561428, 4230335; 561457, 4230372;
561478, 4230406; 561509, 4230456; 561532, 4230472; 561572, 4230471;
561733, 4230474; 561774, 4230477; 561815, 4230493; 561945, 4230599;
561957, 4230617; 561974, 4230659; 561983, 4230685; 561992, 4230698;
562005, 4230714; 562032, 4230732; 562052, 4230752; 562068, 4230781;
562078, 4230790; 562088, 4230794; 562099, 4230795; 562128, 4230785;
562421, 4230785; 562435, 4230783; 562441, 4230774; 562445, 4230734;
562470, 4230705; 562474, 4230698; 562459, 4230624; 562461, 4230515;
562459, 4230498; 562456, 4230491; 562445, 4230491; 562437, 4230485;
562434, 4230476; 562438, 4230466; 562459, 4230405; 562483, 4230364;
562489, 4230349; 562494, 4230305; 562506, 4230305; 562513, 4230299;
562517, 4230294; 562520, 4230288; 562517, 4230273; 562512, 4230247;
562497, 4230093; 562473, 4229897; 562470, 4229856; 562471, 4229834;
562576, 4229699; 562606, 4229676; 562633, 4229658; 562648, 4229643;
562659, 4229620; 562658, 4229595; 562651, 4229578; 562645, 4229564;
562633, 4229550; 562623, 4229542; 562602, 4229534; 562594, 4229521;
562586, 4229513; 562571, 4229514; 562551, 4229522; 562529, 4229528;
562479, 4229526; 562459, 4229476; 562449, 4229477; 562457, 4229555;
561938, 4229551; 561890, 4229513; 561863, 4229512; 561781, 4229512;
561749, 4229509; 561700, 4229511; 561690, 4229523; 561660, 4229519;
561571, 4229537; 561493, 4229557; 561431, 4229576; 561387, 4229606;
561349, 4229650; 561294, 4229701; 561222, 4229756; 561191, 4229773;
561146, 4229787; 561084, 4229805; 561062, 4229809; 561017, 4229816;
560977, 4229820; 560937, 4229818; 560902, 4229821; 560859, 4229825;
560783, 4229823; 560736, 4229813; 560708, 4229804; 560675, 4229781;
560654, 4229760; 560624, 4229712; 560609, 4229670; 560599, 4229664;
560590, 4229664; 560587, 4229675; 560567, 4229705; 560541, 4229741;
560527, 4229777.
(ii) Note: Unit 1 for Cordylanthus mollis ssp. mollis is depicted
on Map 2, which follows:
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(7) Unit 2 for Cordylanthus mollis ssp. mollis: Hill Slough Marsh,
Solano County, California.
(i) Unit 2: Land bounded by the following UTM zone 10, NAD 1983
coordinates (E, N): 586821, 4231248; 586825, 4231260; 586834, 4231272;
586848, 4231278; 586868, 4231280; 586930, 4231305; 586934, 4231417;
586934, 4231457; 586933, 4231517; 586936, 4231569; 586931, 4231638;
586933, 4231730; 586930, 4231824; 586927, 4231988; 586932, 4232511;
586935, 4232541; 587032, 4232539; 587031, 4232513; 587025, 4232474;
587022, 4232447; 587028, 4232423; 587045, 4232382; 587207, 4232226;
587186, 4232194; 587189, 4232174; 587211, 4232155; 587232, 4232152;
587246, 4232165; 587275, 4232169; 587294, 4232159; 587307, 4232136;
587314, 4232107; 587310, 4232094; 587350, 4232087; 587391, 4232079;
587427, 4232061; 587470, 4232043; 587490, 4232041; 587513, 4232049;
587544, 4232041; 587602, 4232017; 587641, 4231995; 587689, 4231981;
587738, 4231977; 587763, 4231981; 587776, 4231987; 587790, 4231996;
587803, 4232008; 587814, 4232019; 587826, 4232031; 587844, 4232043;
587859, 4232051; 587882, 4232067; 587897, 4232078; 587933, 4232080;
587944, 4232075; 587951, 4232066; 587957, 4232059; 587985, 4232048;
588000, 4232042; 588016, 4232041; 588028, 4232043; 588041, 4232044;
588050, 4232058; 588051, 4232075; 588048, 4232095; 588055, 4232133;
588083, 4232223; 588094, 4232243; 588105, 4232252; 588114, 4232256;
588124, 4232254; 588136, 4232249; 588141, 4232237; 588137, 4232225;
588132, 4232212; 588149, 4232197; 588157, 4232186; 588162, 4232179;
588182, 4232158; 588195, 4232146; 588218, 4232130; 588228, 4232126;
588241, 4232122; 588245, 4232122; 588255, 4232141; 588259, 4232149;
588270, 4232160; 588277, 4232165; 588284, 4232175; 588287, 4232187;
588287, 4232197; 588290, 4232212; 588295, 4232222; 588306, 4232225;
588311, 4232235; 588316, 4232250; 588324, 4232254; 588334, 4232254;
588340, 4232249; 588339, 4232240; 588333, 4232226; 588333, 4232216;
588336, 4232206; 588345, 4232198; 588353, 4232189; 588360, 4232187;
588379, 4232192; 588390, 4232198; 588452, 4232235; 588471, 4232243;
588492, 4232242; 588511, 4232234; 588530, 4232208; 588547, 4232165;
588556, 4232147; 588566, 4232134; 588574, 4232126; 588583, 4232120;
588601, 4232110; 588612, 4232108; 588611, 4232115; 588610, 4232136;
588651, 4232135; 588671, 4232140; 588699, 4232155; 588721, 4232161;
588740, 4232164; 588767, 4232164; 588782, 4232165; 588804, 4232167;
588849, 4232173; 588861, 4232168; 588872, 4232160; 588883, 4232160;
588895, 4232156; 588905, 4232149; 588912, 4232139; 588942, 4232080;
588952, 4232058; 588960, 4232026; 588977, 4231960; 588981, 4231923;
589001, 4231852; 589003, 4231845; 589000, 4231842; 588992, 4231841;
588981, 4231837; 588977, 4231835; 588974, 4231830; 588978, 4231820;
588984, 4231809; 588977, 4231793; 588953, 4231768; 588939, 4231787;
588924, 4231794; 588893, 4231818; 588880, 4231823; 588863, 4231824;
588851, 4231825; 588836, 4231820; 588792, 4231774; 588775, 4231776;
588755, 4231773; 588721, 4231762; 588681, 4231743; 588675, 4231734;
588658, 4231722; 588638, 4231713; 588608, 4231699; 588595, 4231652;
588586, 4231603; 588608, 4231581; 588641, 4231569; 588656, 4231552;
588668, 4231537; 588677, 4231521; 588681, 4231502; 588676, 4231467;
588666, 4231440; 588657, 4231437; 588636, 4231428; 588608, 4231424;
588601, 4231422; 588598, 4231419; 588602, 4231403; 588611, 4231373;
588614, 4231342; 588624, 4231331; 588638, 4231321; 588641, 4231314;
588645, 4231281; 588656, 4231238; 588701, 4231195; 588736, 4231180;
588803, 4231181; 588814, 4231181; 588824, 4231184; 588831, 4231190;
588882, 4231194; 589011, 4231195; 589145, 4231191; 589186, 4231192;
589193, 4231199; 589203, 4231197; 589210, 4231196; 589217, 4231201;
589230, 4231205; 589240, 4231206; 589250, 4231196; 589261, 4231192;
589310, 4231190; 589309, 4231065; 589323, 4231065; 589325, 4231164;
589331, 4231171; 589351, 4231176; 589380, 4231174; 589408, 4231167;
589424, 4231166; 589433, 4231174; 589444, 4231178; 589460, 4231176;
589475, 4231167; 589481, 4231152; 589485, 4231143; 589432, 4231067;
589400, 4231023; 589353, 4230961; 589338, 4230944; 589333, 4230940;
589328, 4230941; 589323, 4230944; 589320, 4230949; 589322, 4231051;
589308, 4231051; 589309, 4230996; 589305, 4230988; 589291, 4230981;
589215, 4230998; 589155, 4231004; 589115, 4230996; 589050, 4230984;
588997, 4230950; 588946, 4230926; 588913, 4230919; 588884, 4230915;
588844, 4230911; 588806, 4230912; 588782, 4230916; 588738, 4230927;
588719, 4230936; 588685, 4230942; 588651, 4230957; 588590, 4230978;
588547, 4230994; 588435, 4231007; 588395, 4231011; 588361, 4231016;
588338, 4231022; 588297, 4231039; 588261, 4231055; 588226, 4231074;
588198, 4231091; 588178, 4231101; 588158, 4231102; 588135, 4231100;
588111, 4231098; 588063, 4231103; 588046, 4231107; 588028, 4231119;
587998, 4231130; 587978, 4231131; 587961, 4231124; 587948, 4231111;
587849, 4231089; 587852, 4231100; 587855, 4231118; 587851, 4231133;
587846, 4231150; 587842, 4231164; 587836, 4231167; 587823, 4231172;
587810, 4231175; 587796, 4231182; 587785, 4231200; 587777, 4231220;
587753, 4231255; 587742, 4231264; 587720, 4231266; 587707, 4231261;
587698, 4231249; 587696, 4231235; 587691, 4231183; 587646, 4231135;
587593, 4231083; 587561, 4231076; 587537, 4231070; 587516, 4231072;
587504, 4231078; 587490, 4231079; 587452, 4231086; 587416, 4231075;
587349, 4231070; 587323, 4231070; 587310, 4231073; 587266, 4231097;
587248, 4231099; 587223, 4231093; 587177, 4231085; 587134, 4231087;
587114, 4231097; 587090, 4231120; 587062, 4231140; 587037, 4231141;
587003, 4231126; 586984, 4231120; 586963, 4231121; 586948, 4231123;
586939, 4231125; 586932, 4231138; 586944, 4231161; 586943, 4231180;
586935, 4231197; 586919, 4231215; 586896, 4231226; 586882, 4231229;
586868, 4231222; 586848, 4231217; 586830, 4231226; 586823, 4231235;
586821, 4231248.
(ii) Note: Unit 2 for Cordylanthus mollis ssp. mollis is depicted
on Map 3--see paragraph 8(ii) below:
(8) Unit 4 for Cordylanthus mollis ssp. mollis: Rush Ranch/Grizzly
Island Wildlife Area, Solano County, California.
(i) Unit 4: Land bounded by the following UTM zone 10, NAD 1983
coordinates (E, N): 583673, 4228103; 583675, 4228133; 583687, 4228156;
583700, 4228170; 583824, 4228206; 583898, 4228219; 583938, 4228221;
583961, 4228228; 583973, 4228240; 584002, 4228252; 584019, 4228251;
584032, 4228262; 584052, 4228268; 584062, 4228278; 584134, 4228347;
584153, 4228375; 584154, 4228398; 584147, 4228405; 584132, 4228407;
584146, 4228473; 584150, 4228514; 584135, 4228552; 584137, 4228573;
584128, 4228593; 584118, 4228631; 584109, 4228660; 584097, 4228672;
584085, 4228696; 584083, 4228711; 584067, 4228730; 584041, 4228786;
584038, 4228800; 584001, 4228862; 583993, 4228899; 583990, 4228918;
583995, 4228944; 583991, 4228950; 583994, 4228962; 584008, 4228976;
584020, 4228979; 584062, 4229001; 584095, 4229004; 584138, 4229000;
584179, 4228989; 584255, 4228968; 584276, 4228967; 584312, 4228956;
[[Page 18487]]
584341, 4228946; 584372, 4228940; 584420, 4228939; 584521, 4228954;
584553, 4228947; 584568, 4228965; 584588, 4228974; 584599, 4228997;
584621, 4229013; 584638, 4229054; 584656, 4229083; 584651, 4229091;
584656, 4229119; 584665, 4229146; 584663, 4229177; 584660, 4229211;
584653, 4229240; 584661, 4229251; 584655, 4229260; 584660, 4229271;
584678, 4229276; 584700, 4229277; 584707, 4229273; 584728, 4229274;
584737, 4229282; 584738, 4229292; 584748, 4229290; 584764, 4229294;
584768, 4229301; 584759, 4229305; 584718, 4229301; 584714, 4229313;
584755, 4229341; 584761, 4229345; 584765, 4229352; 584775, 4229376;
584792, 4229388; 584807, 4229388; 584821, 4229381; 584827, 4229366;
584827, 4229352; 584810, 4229333; 584806, 4229329; 584807, 4229325;
584815, 4229320; 584834, 4229291; 584862, 4229269; 584904, 4229244;
584937, 4229237; 584955, 4229235; 584968, 4229239; 584980, 4229233;
584986, 4229223; 584999, 4229211; 585004, 4229191; 585016, 4229175;
585024, 4229167; 585032, 4229163; 585050, 4229158; 585078, 4229144;
585125, 4229112; 585167, 4229099; 585191, 4229094; 585219, 4229094;
585243, 4229102; 585257, 4229113; 585270, 4229116; 585281, 4229116;
585291, 4229113; 585306, 4229090; 585319, 4229076; 585345, 4229068;
585365, 4229067; 585378, 4229061; 585382, 4229055; 585382, 4229047;
585380, 4229039; 585373, 4229029; 585366, 4229013; 585363, 4228998;
585367, 4228988; 585376, 4228983; 585410, 4228987; 585422, 4228998;
585438, 4229008; 585479, 4229011; 585515, 4229006; 585535, 4229002;
585554, 4228984; 585567, 4228949; 585573, 4228933; 585585, 4228913;
585600, 4228907; 585612, 4228908; 585625, 4228912; 585647, 4228920;
585642, 4228890; 585642, 4228873; 585622, 4228807; 585613, 4228795;
585591, 4228769; 585579, 4228766; 585571, 4228769; 585549, 4228793;
585542, 4228817; 585530, 4228822; 585505, 4228833; 585480, 4228849;
585438, 4228864; 585414, 4228871; 585400, 4228865; 585331, 4228844;
585323, 4228852; 585309, 4228850; 585299, 4228849; 585294, 4228846;
585293, 4228841; 585287, 4228835; 585305, 4228820; 585311, 4228824;
585324, 4228804; 585281, 4228807; 585274, 4228801; 585266, 4228782;
585250, 4228748; 585220, 4228671; 585264, 4228486; 585280, 4228425;
585290, 4228350; 585298, 4228147; 585299, 4228142; 585303, 4228138;
585507, 4227990; 585520, 4227986; 585588, 4227972; 585730, 4227946;
585813, 4227928; 585835, 4227927; 586151, 4227951; 586270, 4227960;
586286, 4227964; 586378, 4227971; 586420, 4227977; 586429, 4227988;
586438, 4227998; 586434, 4228018; 586430, 4228035; 586429, 4228066;
586442, 4228101; 586479, 4228127; 586518, 4228154; 586552, 4228173;
586584, 4228180; 586576, 4228199; 586602, 4228212; 586618, 4228207;
586625, 4228212; 586633, 4228227; 586642, 4228230; 586652, 4228229;
586669, 4228218; 586676, 4228213; 586690, 4228219; 586702, 4228228;
586705, 4228243; 586706, 4228267; 586706, 4228288; 586713, 4228308;
586695, 4228350; 586687, 4228381; 586692, 4228392; 586702, 4228402;
586712, 4228407; 586721, 4228406; 586732, 4228413; 586742, 4228414;
586750, 4228413; 586760, 4228409; 586774, 4228386; 586789, 4228366;
586847, 4228346; 586872, 4228350; 586897, 4228347; 586944, 4228304;
586989, 4228208; 586997, 4228176; 587006, 4228147; 587023, 4228133;
587062, 4228118; 587080, 4228122; 587097, 4228118; 587111, 4228087;
587126, 4228069; 587149, 4228056; 587172, 4228056; 587183, 4228065;
587188, 4228079; 587188, 4228094; 587177, 4228122; 587287, 4228085;
587295, 4228072; 587292, 4228064; 587278, 4228055; 587273, 4228038;
587316, 4228041; 587389, 4228027; 587460, 4228016; 587548, 4227976;
587617, 4227944; 587620, 4227957; 587626, 4227967; 587643, 4227967;
587658, 4227960; 587677, 4227954; 587682, 4227945; 587691, 4227939;
587699, 4227933; 587696, 4227905; 587771, 4227862; 587779, 4227871;
587790, 4227881; 587802, 4227886; 587821, 4227882; 587834, 4227875;
587845, 4227859; 587855, 4227849; 587863, 4227839; 587874, 4227841;
587883, 4227845; 587890, 4227853; 587901, 4227860; 587921, 4227856;
587935, 4227850; 587945, 4227839; 587955, 4227833; 587959, 4227820;
587984, 4227809; 588004, 4227799; 588059, 4227806; 588083, 4227797;
588229, 4227730; 588244, 4227721; 588264, 4227721; 588274, 4227718;
588276, 4227731; 588280, 4227749; 588359, 4227718; 588361, 4227693;
588515, 4227643; 588538, 4227632; 588552, 4227619; 588564, 4227604;
588596, 4227554; 588617, 4227507; 588627, 4227498; 588652, 4227502;
588703, 4227534; 588761, 4227555; 588822, 4227530; 588823, 4227505;
588830, 4227492; 588847, 4227475; 588913, 4227418; 588942, 4227396;
588976, 4227373; 589001, 4227370; 589030, 4227376; 589067, 4227391;
589084, 4227403; 589095, 4227419; 589112, 4227426; 589141, 4227416;
589143, 4227392; 589143, 4227340; 589148, 4227335; 589160, 4227337;
589190, 4227350; 589217, 4227341; 589249, 4227323; 589278, 4227331;
589294, 4227348; 589307, 4227349; 589320, 4227341; 589338, 4227311;
589359, 4227301; 589371, 4227303; 589387, 4227334; 589436, 4227339;
589447, 4227329; 589463, 4227327; 589478, 4227331; 589495, 4227329;
589502, 4227319; 589527, 4227309; 589568, 4227297; 589578, 4227294;
589585, 4227275; 589596, 4227236; 589597, 4227189; 589500, 4227183;
589348, 4227165; 589325, 4227155; 589274, 4227145; 589146, 4227108;
589084, 4227075; 588999, 4226997; 588865, 4226906; 588763, 4226822;
588737, 4226808; 588715, 4226811; 588640, 4226826; 588599, 4226831;
588596, 4226841; 588599, 4226860; 588606, 4226870; 588635, 4226918;
588692, 4227005; 588722, 4227076; 588740, 4227152; 588741, 4227188;
588739, 4227225; 588725, 4227262; 588711, 4227287; 588690, 4227313;
588645, 4227348; 588593, 4227381; 588495, 4227429; 588398, 4227461;
588264, 4227514; 588195, 4227547; 588127, 4227585; 588016, 4227644;
587974, 4227661; 587934, 4227670; 587885, 4227676; 587807, 4227674;
587752, 4227664; 587701, 4227650; 587632, 4227621; 587591, 4227595;
587533, 4227537; 587487, 4227456; 587467, 4227410; 587430, 4227281;
587385, 4227098; 587355, 4227029; 587326, 4226985; 587263, 4226919;
587112, 4226798; 586999, 4226714; 586868, 4226625; 586771, 4226575;
586734, 4226563; 586696, 4226556; 586646, 4226554; 586595, 4226558;
586548, 4226571; 586476, 4226611; 586342, 4226720; 586160, 4226880;
586014, 4226997; 585931, 4227078; 585835, 4227185; 585790, 4227234;
585743, 4227274; 585708, 4227298; 585673, 4227309; 585647, 4227312;
585613, 4227321; 585596, 4227329; 585579, 4227340; 585558, 4227365;
585541, 4227403; 585534, 4227449; 585536, 4227504; 585534, 4227570;
585516, 4227631; 585496, 4227674; 585475, 4227703; 585451, 4227721;
585428, 4227732; 585380, 4227737; 585320, 4227730; 585228, 4227698;
585161, 4227662; 585064, 4227603; 585034, 4227589; 585004, 4227581;
584964, 4227585; 584913, 4227597; 584870, 4227620; 584816, 4227660;
584777, 4227693; 584737, 4227738; 584713, 4227772; 584699, 4227799;
584675, 4227858; 584655, 4227890; 584624, 4227903; 584597, 4227902;
584568, 4227897; 584539, 4227888; 584525, 4227871; 584497, 4227842;
584462, 4227827; 584433, 4227814; 584415, 4227814; 584332, 4227794;
[[Page 18488]]
584289, 4227774; 584262, 4227754; 584247, 4227740; 584239, 4227722;
584223, 4227701; 584214, 4227700; 584196, 4227724; 584138, 4227768;
584106, 4227792; 584104, 4227804; 584090, 4227810; 584083, 4227808;
584056, 4227836; 583982, 4227893; 583937, 4227918; 583911, 4227932;
583814, 4227974; 583713, 4228012; 583691, 4228033; 583680, 4228053;
583675, 4228063; 583676, 4228074; 583673, 4228103.
(ii) Note: Unit 4 for Cordylanthus mollis ssp. mollis is depicted
on Map 3, which follows:
BILLING CODE 4310-55-P
[[Page 18489]]
[GRAPHIC] [TIFF OMITTED] TP11AP06.005
BILLING CODE 4310-55-C
[[Page 18490]]
(9) Unit 3 for Cordylanthus mollis ssp. mollis: Point Pinole
Shoreline, Contra Costa County, California.
(i) Unit 3: Land bounded by the following UTM zone 10, NAD 1983
coordinates (E, N): 557436, 4206461; 557427, 4206437; 557413, 4206422;
557385, 4206413; 557364, 4206395; 557341, 4206372; 557318, 4206353;
557292, 4206342; 557263, 4206332; 557245, 4206330; 557231, 4206333;
557222, 4206340; 557214, 4206351; 557211, 4206366; 557212, 4206378;
557222, 4206387; 557236, 4206399; 557253, 4206411; 557270, 4206425;
557275, 4206438; 557270, 4206450; 557257, 4206461; 557248, 4206467;
557239, 4206475; 557240, 4206484; 557247, 4206491; 557253, 4206495;
557269, 4206493; 557299, 4206500; 557315, 4206507; 557329, 4206513;
557339, 4206520; 557349, 4206536; 557351, 4206554; 557353, 4206566;
557367, 4206578; 557378, 4206582; 557403, 4206588; 557415, 4206590;
557418, 4206604; 557428, 4206616; 557456, 4206614; 557468, 4206606;
557526, 4206560; 557567, 4206529; 557584, 4206508; 557600, 4206493;
557623, 4206479; 557638, 4206464; 557646, 4206461; 557653, 4206457;
557666, 4206439; 557685, 4206401; 557720, 4206378; 557732, 4206370;
557744, 4206366; 557754, 4206363; 557766, 4206356; 557777, 4206347;
557806, 4206339; 557844, 4206335; 557875, 4206339; 557891, 4206338;
557909, 4206332; 557922, 4206322; 557929, 4206311; 557932, 4206302;
557933, 4206290; 557931, 4206279; 557912, 4206258; 557881, 4206230;
557868, 4206212; 557855, 4206209; 557767, 4206228; 557761, 4206230;
557763, 4206233; 557769, 4206238; 557781, 4206246; 557765, 4206285;
557754, 4206299; 557753, 4206314; 557731, 4206312; 557678, 4206320;
557643, 4206337; 557616, 4206357; 557608, 4206372; 557602, 4206385;
557601, 4206396; 557588, 4206403; 557569, 4206399; 557550, 4206385;
557528, 4206380; 557508, 4206385; 557502, 4206406; 557496, 4206413;
557493, 4206428; 557489, 4206444; 557482, 4206462; 557474, 4206472;
557465, 4206474; 557457, 4206476; 557445, 4206474; 557440, 4206469;
557436, 4206461.
(ii) Note: Unit 3 for Cordylanthus mollis ssp. mollis is depicted
on Map 4, which follows:
BILLING CODE 4310-55-P
[[Page 18491]]
[GRAPHIC] [TIFF OMITTED] TP11AP06.006
BILLING CODE 4310-55-C
[[Page 18492]]
(10) Unit 5 for Cordylanthus mollis ssp. mollis: Southampton Marsh,
Solano County, California.
(i) Unit 5: Land bounded by the following UTM zone 10, NAD 1983
coordinates (E, N): 570411, 4215261; 570504, 4215198; 570595, 4215141;
570581, 4215120; 570582, 4215104; 570590, 4215091; 570627, 4215082;
570640, 4215081; 570646, 4215078; 570647, 4215073; 570643, 4215063;
570625, 4215056; 570606, 4215052; 570594, 4215040; 570589, 4215024;
570593, 4215004; 570607, 4214983; 570606, 4214949; 570607, 4214919;
570616, 4214898; 570620, 4214869; 570611, 4214859; 570601, 4214815;
570607, 4214803; 570615, 4214795; 570628, 4214771; 570639, 4214756;
570659, 4214739; 570689, 4214737; 570706, 4214742; 570722, 4214741;
570739, 4214732; 570758, 4214716; 570770, 4214688; 570774, 4214652;
570766, 4214613; 570749, 4214580; 570739, 4214558; 570750, 4214539;
570771, 4214516; 570792, 4214494; 570810, 4214506; 570834, 4214540;
570836, 4214555; 570842, 4214566; 570849, 4214569; 570906, 4214566;
570910, 4214575; 570926, 4214610; 570946, 4214630; 570967, 4214627;
570974, 4214587; 570978, 4214555; 570987, 4214480; 570975, 4214453;
570968, 4214400; 570970, 4214360; 570986, 4214324; 571019, 4214293;
571061, 4214263; 571147, 4214219; 571179, 4214204; 571221, 4214180;
571247, 4214152; 571256, 4214116; 571270, 4214116; 571282, 4214109;
571288, 4214101; 571289, 4214091; 571279, 4214088; 571278, 4214076;
571294, 4214069; 571298, 4214063; 571294, 4214053; 571275, 4214066;
571257, 4214069; 571234, 4214068; 571222, 4214057; 571211, 4214038;
571211, 4214017; 571212, 4213995; 571215, 4213978; 571225, 4213964;
571227, 4213952; 571219, 4213945; 571208, 4213950; 571210, 4213958;
571200, 4213968; 571177, 4213969; 571164, 4213957; 571155, 4213946;
571125, 4213929; 571109, 4213924; 571077, 4213918; 571043, 4213905;
571031, 4213893; 570999, 4213886; 570979, 4213875; 570948, 4213819;
570950, 4213808; 570950, 4213796; 570947, 4213785; 570936, 4213770;
570936, 4213754; 570930, 4213737; 570925, 4213733; 570911, 4213693;
570907, 4213668; 570899, 4213652; 570884, 4213627; 570873, 4213602;
570859, 4213560; 570838, 4213534; 570834, 4213513; 570826, 4213498;
570826, 4213488; 570820, 4213479; 570809, 4213467; 570806, 4213447;
570796, 4213433; 570795, 4213417; 570799, 4213408; 570796, 4213390;
570798, 4213376; 570796, 4213343; 570780, 4213346; 570766, 4213351;
570752, 4213357; 570739, 4213365; 570730, 4213379; 570732, 4213416;
570725, 4213446; 570641, 4213647; 570629, 4213707; 570611, 4213810;
570606, 4213823; 570598, 4213834; 570578, 4213854; 570565, 4213875;
570562, 4213891; 570561, 4213954; 570558, 4213979; 570555, 4213993;
570550, 4214006; 570539, 4214020; 570528, 4214031; 570510, 4214056;
570495, 4214091; 570475, 4214160; 570469, 4214178; 570436, 4214258;
570445, 4214272; 570450, 4214281; 570449, 4214297; 570438, 4214308;
570422, 4214316; 570416, 4214331; 570415, 4214358; 570407, 4214435;
570395, 4214459; 570380, 4214478; 570372, 4214489; 570360, 4214514;
570353, 4214529; 570349, 4214563; 570344, 4214626; 570335, 4214670;
570329, 4214728; 570331, 4214760; 570336, 4214843; 570350, 4214894;
570364, 4214925; 570373, 4214927; 570394, 4214921; 570423, 4214905;
570437, 4214908; 570451, 4214910; 570490, 4214903; 570540, 4214884;
570544, 4214897; 570469, 4214926; 570465, 4214952; 570458, 4214965;
570446, 4214973; 570425, 4214981; 570410, 4214992; 570407, 4215005;
570408, 4215025; 570420, 4215050; 570434, 4215056; 570436, 4215072;
570434, 4215100; 570406, 4215127; 570407, 4215143; 570412, 4215166;
570408, 4215189; 570401, 4215216; 570400, 4215236; 570402, 4215249;
570411, 4215261.
(ii) Note: Unit 5 for Cordylanthus mollis ssp. mollis is depicted
on Map 5, which follows:
BILLING CODE 4310-55-P
[[Page 18493]]
[GRAPHIC] [TIFF OMITTED] TP11AP06.007
* * * * *
Dated: March 31, 2006.
Matt Hogan,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 06-3343 Filed 4-10-06; 8:45 am]
BILLING CODE 4310-55-C