Browse: Departments   Dates   Agencies  

CFR Citation: 50 CFR Part 17

RIN ID: RIN 1018-AG34

NOTICE: Part II

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for the Riverside Fairy Shrimp

EFFECTIVE DATES: This rule becomes effective on June 29, 2001.

DOCUMENT SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the Riverside fairy shrimp (Streptocephalus woottoni), pursuant to the Endangered Species Act of 1973, as amended (Act). A total of approximately 2,790 hectares (6,870 acres) in Los Angeles, Orange, Riverside, San Diego, and Ventura counties, California, is designated as critical habitat.

Critical habitat identifies specific areas that have the physical and biological features that are essential to the conservation of a listed species, and that may require special management considerations or protection. The primary constituent elements for the Riverside fairy shrimp are those habitat components that are essential for the primary biological needs of foraging, sheltering, reproduction, and dispersal. Critical habitat for the Riverside fairy shrimp includes those areas possessing one or more of the primary constituent elements.

Section 7 of the Act prohibits destruction or adverse modification of critical habitat by any activity funded, authorized, or carried out by any Federal agency. Section 4 of the Act requires us to consider economic and other impacts of specifying any particular area as critical habitat. We solicited data and comments from the public on all aspects of the proposed rule and economic analysis. We revised the proposal to incorporate or address new information received during the comment periods.

SUMMARY: Department of Interior, Fish and Wildlife Service,

SUPPLEMENTAL INFORMATION

The endangered Riverside fairy shrimp (Streptocephalus woottoni) is a small aquatic crustacean (Order: Anostraca) that occurs in vernal pools, poollike ephemeral ponds, and humanmodified depressions from coastal southern California south to northwestern Baja California, Mexico. This species is typically found in pools, ponds, and depressions that are deeper than the basins that support the endangered San Diego fairy shrimp (Branchinecta sandiegonensis) (Hathaway and Simovich 1996). Water chemistry, depth, temperature, and ponding are considered important factors in determining fairy shrimp distribution (Belk 1977; Branchiopod Research Group 1996; Gonzales et al. 1996); hence, no individuals have been found in riverine or marine waters.

The Riverside fairy shrimp was first collected in 1979 by C.H. Eriksen and was identified as a new species in 1985 (Eng et al. 1990). Mature males are between 13 and 25 millimeters (mm) (0.5 to 1.0 inches (in.)) long. The cercopods (structures that enhance the rudderlike function of the abdomen) are separate with plumose setae (feathery bristles) along the borders. Mature females are between about 13 to 22 mm (0.5 to 0.87 in.) in total length. The brood pouch extends to the seventh, eighth, or ninth abdominal segment. The cercopods of females are the same as the males. Both sexes of Riverside fairy shrimp have the red color of the cercopods covering all of the ninth abdominal segment and 30 to 40 percent of the eighth abdominal segment. Nearly all species of fairy shrimp feed on algae, bacteria, protozoa, rotifers, and bits of organic matter (Pennak 1989; Eng et al. 1990).

Basins that support Riverside fairy shrimp are typically dry a portion of the year, but usually are filled by late fall, winter, or spring rains, and may persist into April or May. All anostracans, including the Riverside fairy shrimp, deposit eggs or cysts (organisms in a resting stage) in the pool's soil to wait out dry periods. The hatching of the cysts usually occurs from January to March. The species hatches within 7 to 21 days after the pool refills, depending on water temperature, and matures between 48 to 56 days, depending on a variety of habitat conditions (Hathaway and Simovich 1996). The ``resting'' or ``summer'' cysts are capable of withstanding temperature extremes and prolonged drying. When the pools refill in the same or subsequent rainy seasons, some but not all of the eggs may hatch. Fairy shrimp egg banks in the soil may be composed of the eggs from several years of breeding (Donald 1983; Simovich and Hathaway 1997). Simovich and Hathaway (1997) found that only a fraction of the total cyst bank of anostracans in areas with variable weather conditions or filling periods, such as southern California, may hatch in any given year. Thus, reproductive success is spread over several seasons.

Vernal pools are discontinuously distributed in several regions of California (KeelerWolf et al. 1995), from as far north as the Modoc Plateau in Modoc County, south to the international border with Mexico in San Diego County. Vernal pools form in regions with Mediterranean climates, where shallow depressions fill with water during fall and winter rains and then evaporate in the spring (Collie and Lathrop 1976; Holland 1976, 1988; Thorne 1984; Zedler 1987; Simovich and Hathaway 1997). In years of high precipitation, overbank flooding from intermittent streams may augment the amount of water in some vernal pools (Hanes et al. 1990). Vernal pool studies indicate that the contribution of subsurface or overland water flows only contribute to volume to vernal pools in years of high precipitation when pools are already saturated (Hanes and Stromberg 1996) which may promote genetic exchange with the transfer of cysts and adults between pools.

Critical to the formation of vernal pools is the presence of nearly impermeable surface or subsurface soil layers and flat or gently sloping topography (less than 10 percent slope). Downward percolation of water in vernal pool basins is prevented by the presence of this impervious layer (Holland 1976, 1988). In southern California, these impervious layers are typically alluvial materials with clay or clay loam subsoils, and they often form a distinctive microrelief known as Gilgai or mima mound topography (Cox 1984). Basaltic or granitic substrates (e.g., Hidden Lake and Santa Rosa Plateau in Riverside County) or indurated hardpan layers (e.g., coastal San Diego County) may contribute to poor drainage as well. Vernal pool studies conducted in the Sacramento Valley indicate that the contribution of subsurface or overland water flows is significant only in years of high precipitation when pools are already saturated (Hanes and Stromberg 1996).

[[Page 29385]]

On the coastal terraces in San Diego County, pools are associated with the Huerhuero, Stockpen, Redding, and Olivenhain soil series. Huerhuero and Stockpen soils were derived from marine sediments and terraces, while the Redding and Olivenhain soils series were formed from alluvium. The Redding and Olivenhain soils are believed to have supported the majority of the pools historically found in San Diego County. In Riverside County, the Santa Rosa Plateau has Murrieta stony clay loams and soils of the Las Posas series (Lathrop and Thorne 1976), and at Skunk Hollow the soils in the immediate area of the vernal pool are Las Posas clay loam, Wyman clay loam, and Willows soil (Service 1998).

Vernal pool systems are often characterized by different landscape features including mima mound (miniature mounds) microtopography, varied pool basin size and depth, and vernal swales (low tract of marshy land). Vernal pool complexes that support one or more vernal pools are often interconnected by a shared watershed. This habitat heterogeneity (consisting of dissimilar elements or parts) may allow betweenpool water flow, as well as fairy shrimp cysts, particularly during years of high rainfall.

Urban and water development, flood control, highway and utility projects, as well as conversion of wildlands to agricultural use, have eliminated or degraded vernal pools and/or their watersheds in southern California (Jones and Stokes Associates 1987). Changes in hydrologic patterns, certain military activities, unauthorized fills, overgrazing, and offroad vehicle use also may imperil this aquatic habitat and the Riverside fairy shrimp. The flora and fauna in vernal pools or swales can change if the hydrologic regime is altered (Bauder 1986). Anthropogenic (human origin) activities that reduce the extent of the watershed or that alter runoff patterns (i.e., amounts and seasonal distribution of water) may eliminate the Riverside fairy shrimp, reduce population sizes or reproductive success, or shift the location of sites inhabited by this species. The introduction of nonnative plant species, competition with invading species, trash dumping, fire, and fire suppression activities were some of the reasons for listing the Riverside fairy shrimp as endangered on August 3, 1993 (58 FR 4138). Because of these threats, we anticipate that intensive longterm monitoring and management will be needed to conserve this species.

Historically, vernal pool soils covered approximately 500 square kilometers (km²) (200 square miles (mi²)) of San Diego County (Bauder and McMillan 1998). The greatest recent losses of vernal pool habitat in San Diego County have occurred in Mira Mesa, Rancho Penasquitos, and Kearny Mesa, which account for 73 percent of all the pools destroyed in the region during the 7year period between 1979 and 1986 (KeelerWolf et al. 1995). Other substantial losses have occurred in the Otay Mesa area, where over 40 percent of the vernal pools were destroyed between 1979 and 1990. Similar to San Diego County, vernal pool habitat was once extensive on the coastal plain of Los Angeles and Orange counties. Unfortunately, there has been a near total loss of vernal pool habitat in these areas (Ferren and Pritchett 1988; KeelerWolf et al. 1995; Mattoni and Longcore 1997; Service 1998). Significant losses of vernal pools supporting this species have also occurred in Riverside County.

Previous Federal Action

The San Gorgonio chapter of the Sierra Club submitted a petition dated September 19, 1988, to list the Riverside fairy shrimp as endangered. The petitioner asserted that emergency listing for this species was appropriate. However, we determined that emergency listing was not warranted since the species was more widespread than first thought and occurred in at least one protected site. Nevertheless, we did publish a proposed rule to list the Riverside fairy shrimp as an endangered species in the Federal Register on November 12, 1991 (56 FR 57503). Because the species was not identified until 1985, and its existence remained known only to a few scientists until 1988, the proposed rule constituted the first Federal action on the Riverside fairy shrimp. We published the final rule to list the Riverside fairy shrimp as endangered in the Federal Register on August 3, 1993 (58 FR 41384). In 1998, the Vernal Pools of Southern California Recovery Plan (Recovery Plan) (Service 1998) was finalized. This Recovery Plan detailed the efforts required to meet the recovery needs of the Riverside fairy shrimp.

On June 30, 1999, the Southwest Center for Biological Diversity filed a lawsuit in Federal District Court for the Northern District of California for our failure to designate critical habitat for the Riverside fairy shrimp. On February 15, 2000, we entered into a settlement agreement with the plaintiff (Southwest Center for Biodiversity v. United States Department of the Interior et al., C99 3202 SC). Under this settlement agreement, a final determination of critical habitat was to be completed by May 1, 2001. Subsequently, the plaintiffs agreed to our request to extend this deadline until May 22, 2001.

At the time of listing, we concluded that designation of critical habitat for the Riverside fairy shrimp was not prudent because such designation would not benefit the species. We were concerned that critical habitat designation would likely increase the degree of threat from vandalism, collecting, or other human activities. We believed that the publication of maps showing critical habitat units would result in additional habitat destruction through trampling, discing, grading, and intentional acts of habitat vandalism. Although we acknowledged that critical habitat designation may identify and call attention to areas important for conservation or requiring special protection, we concluded that the vandalism threat posed by designating critical habitat would outweigh these benefits.

Subsequently, in the course of working with local partners, planning for conservation and management of the Riverside fairy shrimp, responding to several Freedom of Information Act requests, and publishing the Vernal Pools of Southern California Recovery Plan (Service 1998), information about the locations of vernal pools, vernal pool complexes, and occurrences of Riverside fairy shrimp were widely distributed to the public. Since the release of these data, we have not documented an increase in the threats to the species through vandalism, collection, habitat destruction, or other means. The instances of likely vandalism, though real, were relatively isolated. In contrast, we have observed an increase in public interest in the subspecies and its conservation through survey efforts by species experts, scientific research, regional and local planning, and educational outreach. Based on the lack of an increase in vandalism threats, we have determined that the threats to the Riverside fairy shrimp and its vernal pool habitat from the specific instances of habitat destruction we identified in the final listing rule do not outweigh the broader educational, regulatory, and other possible benefits that a designation of critical habitat would provide for this subspecies. Specifically, the potential benefits include: (1) Triggering section 7 consultation in areas where it may not otherwise occur because, for example, the area becomes unoccupied; (2) focusing conservation activities in the most essential areas; (3) providing educational benefits to State or county governments or private entities; and (4) preventing people from causing inadvertent harm to this subspecies.
[[Page 29386]]
Therefore, we have determined that designation of critical habitat for the Riverside fairy shrimp is prudent.

The proposed rule designating critical habitat for the Riverside fairy shrimp was published on September 21, 2000 (65 FR 57136). In the proposal, we determined that it was prudent to designate approximately 4,880 hectares (ha) (12,060 acres (ac)) of lands in Los Angeles, Orange, San Diego, Riverside, and Ventura counties as critical habitat. The publication of the proposed rule opened a 60day public comment period, which closed on November 20, 2000. On February 28, 2001, we published a notice announcing the reopening of the comment period on the proposal to designate critical habitat for the Riverside fairy shrimp, and a notice of availability of the draft economic analysis on the proposed determination (66 FR 12754). This second public comment period closed on March 30, 2001.

Critical Habitat

Critical habitat is defined in section 3 of the Act as(i) the specific areas within the geographic area occupied by a species, at the time it is listed in accordance with the Act, on which are found those physical or biological features (I) essential to the conservation of the species and (II) that may require special management considerations or protection; and (ii) specific areas outside the geographic area occupied by a species at the time it is listed, upon a determination that such areas are essential for the conservation of the species. ``Conservation'' means the use of all methods and procedures that are necessary to bring an endangered or threatened species to the point at which listing under the Act is no longer necessary.

Critical habitat receives protection under section 7 of the Act through 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 also requires conferences on Federal actions that are likely to result in the destruction or adverse modification of proposed critical habitat. In our regulations at 50 CFR 402.02, we define destruction or adverse modification as ``* * * 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.'' Aside from the added protection that may be provided under section 7, the Act does not provide other forms of protection to lands designated as critical habitat. Because consultation under section 7 of the Act does not apply to activities on private or other nonFederal lands that do not involve a Federal nexus, critical habitat designation would not afford any additional protections under the Act against such activities.

To be included in a critical habitat designation, the habitat must first be ``essential to the conservation of the species.'' Critical habitat designations identify, to the extent known using the best scientific and commercial data available, habitat areas that provide essential life cycle needs of the species (i.e., areas on which are found the primary constituent elements, as defined at 50 CFR 424.12(b)).

Section 4 requires that we designate critical habitat at the time of listing and based on what we know at the time of the designation. When we designate critical habitat at the time of listing or under short courtordered deadlines, we will often not have sufficient information to identify all areas of critical habitat. We are required, nevertheless, to make a decision and, thus, must base our designations on what, at the time of designation, we know to be critical habitat.

Within the geographic area occupied by the species, we will designate only areas currently known to be essential. Essential areas should already have the features and habitat characteristics that are necessary to sustain the species. We will not speculate about what areas might be found to be essential if better information became available, or what areas may become essential over time. If the information available at the time of designation does not show that an area provides essential life cycle needs of the species, then the area should not be included in the critical habitat designation. Within the geographic area occupied by the species, we will not designate areas that do not now have the primary constituent elements, as defined at 50 CFR 424.12(b), that provide essential life cycle needs of the species.

Our regulations state that, ``The Secretary shall designate as critical habitat areas outside the geographic area presently occupied by the species only when a designation limited to its present range would be inadequate to ensure the conservation of the species'' (50 CFR 424.12(e)). Accordingly, when the best available scientific and commercial data do not demonstrate that the conservation needs of the species require designation of critical habitat outside of occupied areas, we will not designate critical habitat in areas outside the geographic area occupied by the species.

Our Policy on Information Standards Under the Endangered Species Act, published in the Federal Register on July 1, 1994 (59 FR 34271), provides criteria, establishes procedures, and provides guidance to ensure that decisions we make are based upon the best scientific and commercial data available. It requires Service biologists, to the extent consistent with the Act, to use primary and original sources of information as the basis for recommendations to designate critical habitat. When determining which areas are critical habitat, a primary source of information should be the listing package for the species. Additional information may be obtained from a recovery plan, articles in peerreviewed journals, conservation plans developed by States and counties, scientific status surveys and studies, biological assessments, unpublished materials, and expert opinion or personal knowledge.

Habitat is often dynamic, and species may move from one area to another over time. Furthermore, we recognize that designation of critical habitat may not include all of the habitat areas that may eventually be determined to be necessary for the recovery of the species. For these reasons, all should understand that critical habitat designations do not signal that habitat outside the designation is unimportant or may not be required for recovery. Areas outside the critical habitat designation will continue to be subject to conservation actions that may be implemented under section 7(a)(1) and to the regulatory protections afforded by the section 7(a)(2) jeopardy standard and the section 9 take prohibition, as determined on the basis of the best available information at the time of the action. We specifically anticipate that federally funded or assisted projects affecting listed species outside their designated critical habitat areas may still result in jeopardy findings in some cases. Similarly, critical habitat designations made on the basis of the best available information at the time of designation will not control the direction and substance of future recovery plans, habitat conservation plans, or other species conservation planning efforts if new information available to these planning efforts calls for a different outcome. Methods

In determining areas that are essential to conserve the Riverside fairy shrimp,
[[Page 29387]]
we used the best scientific and commercial data available. These included data from research and survey observations published in peer reviewed articles, recovery criteria outlined in the Recovery Plan for Vernal Pools of Southern California (Recovery Plan) (Service 1998), regional Geographic Information System (GIS) vegetation and species coverages (including layers for Los Angeles, Orange, Riverside, and San Diego counties), data collected on U.S. Marine Corps Air Station Miramar (Miramar) and U.S. Marine Corps Base Camp Pendleton (Camp Pendleton), and data collected from reports submitted by biologists holding section 10(a)(1)(A) recovery permits. In addition, information provided in comments on the proposed designation and draft economic analysis were evaluated and considered in the development of this final designation.

As stated earlier, Riverside fairy shrimp occur in ephemeral pools and ponds that may not be present throughout a given year or from year to year. Therefore, critical habitat includes a mosaic of vernal pools, ponds, and depressions currently supporting Riverside fairy shrimp and vernal pool vegetation. One area has been included in which the current occupancy by Riverside fairy shrimp is not known, but which contains the primary constituent elements for the species and is considered essential to its conservation.

Primary Constituent Elements

In accordance with section 3(5)(A)(i) of the Act and regulations at 50 CFR 424.12, in determining which areas to designate as critical habitat, we are required to consider those physical and biological features (primary constituent elements) that are essential to the conservation of the species, and that may require special management considerations or protection. These features include, but are not limited to, space for individual and population growth and for normal behavior; food, water, or other nutritional or physiological requirements; cover or shelter; sites for breeding and reproduction; and habitats that are protected from disturbance or are representative of the historic and ecological distributions of a species.

The primary constituent elements for the Riverside fairy shrimp are those habitat components that are essential for the primary biological needs of foraging, sheltering, reproduction, and dispersal. These primary constituent elements are found in areas that support vernal pools or other ephemeral ponds and depressions and their associated watersheds. The primary constituent elements are: small to large pools with moderate to deep depths that hold water for sufficient lengths of time necessary for Riverside fairy shrimp incubation and reproduction, but not necessarily every year; the associated watershed(s) and other hydrologic features that support pool basins and their related pool complexes; flat or gently sloping topography; and any soil type with a clay component and/or an impermeable surface or subsurface layer known to support vernal pool habitat. All designated critical habitat areas contain one or more of the primary constituent elements for the Riverside fairy shrimp.

Criteria Used To Identify Critical Habitat

In an effort to map areas essential to the conservation of the species, we used data on known Riverside fairy shrimp locations and those vernal pools and vernal pool complexes that were identified in the Recovery Plan (Service 1998) as essential for the recovery of the species, aerial photography at a scale of 1:24,000 (comparable to the scale of a 7.5 minute U.S. Geological Survey Quadrangle topographic map), current aerial photography prints, and boundaries of approved habitat conservation plans (HCPs). We then evaluated those areas based on soil types, the hydrology, watershed, and topographic features including local variation of topographic position (i.e., coastal mesas or inland valleys). Following this evaluation, a 250meter (m) (0.16 mile (mi)) Universal Transverse Mercator (UTM) grid was overlaid on top of those vernal pool complexes and their associated watersheds to describe the unit boundaries more precisely. Each unit of the grid was evaluated to determine whether it was appropriate to include in the critical habitat designation. The critical habitat units designated using this technique encompass either individual vernal pool basins or vernal pool complexes and provide additional assurances that watersheds and hydrologic processes are captured and maintained for this species. In those cases where occupied vernal pools were not specifically mapped in the Recovery Plan (Service 1998), we relied on recent scientific data to update the map coverage. For the purpose of this final determination, critical habitat units have been described using UTM coordinates derived from a 250m (0.16mi) grid that approximated the boundaries delineated from the digital aerial photography.

We could not depend solely on federally owned lands for critical habitat designation as these lands are limited in geographic location, size, and habitat quality within the current range of the Riverside fairy shrimp. In addition to the federally owned lands, we are designating critical habitat on nonFederal public lands and privately owned lands. All nonFederal lands designated as critical habitat meet the definition of critical habitat under section 3 of the Act in that they are within the geographical area occupied by the species, are essential to the conservation of the species, and may require special management considerations or protection. The longterm survival and conservation of Riverside fairy shrimp is dependent upon the protection and management of existing occurrences, and the maintenance of ecological functions within these areas.

In defining critical habitat boundaries, we made an effort to exclude all developed areas, such as towns or housing developments, or other lands unlikely to contain the primary constituent elements essential for conservation of the Riverside fairy shrimp. Our 250m (0.16 mi) UTM grid minimum mapping unit was designed to minimize the amount of development along the urban edge included in our designation. Existing features and structures, such as buildings, roads, railroads, urban development, and other such developed features not containing primary constituent elements, are not considered critical habitat. Federal actions limited to these areas would not trigger a section 7 consultation, unless they affect the species and/or the primary constituent elements in adjacent critical habitat.

Lands designated as critical habitat for the Riverside fairy shrimp are considered to be occupied by the species with the exception of 12 ha (30 ac) within critical habitat Unit 2 in which the occupancy by the Riverside fairy shrimp is not known. The lands in which the occupancy is not known contain the primary constituent elements for the species, have been determined to be essential to the conservation of the species, and are under consideration as a reestablishment site, if the species does not occur there. Refer to the description for Unit 2 for our justification as to why this location is essential to the conservation of the Riverside fairy shrimp.

Critical Habitat Designation

The areas we are designating as critical habitat currently provide all of those habitat components necessary to meet the primary biological needs of the
[[Page 29388]]
Riverside fairy shrimp, as described in the Recovery Plan (Service 1998), and defined by the primary constituent elements. The approximate area encompassing designated critical habitat by county and land ownership is shown in Table 1. Critical habitat for the Riverside fairy shrimp includes approximately 2,790 ha (6,870 ac) in Los Angeles, Orange, Riverside, San Diego, and Ventura counties, California, and is based on the geographic location of vernal pools, soil types, and local variation of topographic position (i.e., coastal mesas or inland valleys). Lands proposed are under private, State, and Federal ownership and divided into five critical habitat units. A brief description of each unit, and reasons for designating it as critical habitat, are presented below.
Table 1.Approximate Area Encompassing Designated Critical Habitat in Hectares (ha) (Acres (ac)) by County and Land Ownership \1\ County Federal land Local/state land Private land Total Los Angeles......................... 0 ha (0 ac).......................... 0 ha (0 ac).......................... 195 ha (480 ac)...................... 195 ha (480 ac) Orange.............................. 45 ha (110 ac)....................... 5 ha (10 ac)......................... 315 ha (780 ac)...................... 365 ha (900 ac) Riverside........................... 0 ha (0 ac).......................... 755 ha (1,865 ac).................... 1,005 ha (2,490 ac).................. 1,760 ha (4,355 ac) San Diego........................... 320 ha (770 ac)...................... 0 ha (0 ac).......................... 125 ha (305 ac)...................... 445 ha (1,075 ac) Ventura............................. 0 ha (0 ac).......................... 0 ha (0 ac).......................... 25 ha (60 ac)........................ 25 ha (60 ac)
Total......................... 365 ha (880 ac)...................... 760 ha (1,875 ac).................... 1,665 ha (4,115 ac).................. 2,790 ha (6,870 ac) \1\ Approximate hectares have been converted to acres (1 ha = 2.471 ac). Based on the level of imprecision of mapping at this scale, approximate hectares and acres have been rounded to the nearest 5.
Map Unit 1: Transverse Range Critical Habitat Unit, Ventura and Los Angeles counties, California (144 Ha (355 Ac))

The Transverse Range critical habitat unit includes the vernal pool habitat that is known to be occupied by the Riverside fairy shrimp and associated essential watershed which helps maintain the integrity and water quality of the vernal pool. These vernal pools are located at Cruzan Mesa, Los Angeles County, and the former Carlsberg Ranch, Ventura County. All lands designated within this unit are on private lands. These vernal pools represent the northern limit of occupied habitat for the Riverside fairy shrimp and may have genetic characteristics essential to the overall longterm conservation of the species (i.e., they may be genetically different from more centrally located populations) (Lesica and Allendorf 1995). Additionally, these vernal pools are the last remaining vernal pools in Los Angeles and Ventura counties known to support this species. The Recovery Plan for the Vernal Pools of Southern California (Service 1998) indicates that the conservation of the vernal pool habitat and associated watershed in this unit is essential to allow for the maintenance and recovery of the populations of Riverside fairy shrimp in Los Angeles and Ventura counties.
Map Unit 2: Los Angeles BasinOrange Management Area, Los Angeles and Orange counties, California. (437 Ha (1,080 Ac))

The Los Angeles coastal prairie unit includes an approximately 13 ha (30 ac) area within and adjacent to the El Segundo Blue Butterfly Preserve, west of Pershing Drive at the Los Angeles International Airport that contains vernal pool habitat and its associated watershed essential to the conservation of the Riverside fairy shrimp. This area is, however, not known to be occupied by the Riverside fairy shrimp. This unit is the only suitable remnant of vernal pool habitat (vernal pool basin and its associated essential watershed) located within the historical coastal prairie landscape, which formerly extended from Playa del Rey south to the Palos Verdes Peninsula, an area of approximately 96 km² (37 mi²). This landscape historically included the federally endangered California Orcutt grass (Orcuttia californica) and San Diego buttoncelery (Eryngium aristulatum var. parishii). This unit also supports versatile fairy shrimp (Branchinecta lindahli) and western spadefoot toad (Scaphiopus hammondii). Riverside fairy shrimp cysts were first collected east of Pershing Drive in 1997, but adult shrimp have not been found to date, likely due to the extensive disturbance to the landscape, including the introduction of fill material, changes in water chemistry, modification of the watersheds, and the resulting shortened duration of water ponding. We are not designating the area east of Pershing Drive due to the extensive alteration of the habitat that has occurred. However, we are designating the area west of Pershing Drive as critical habitat because it contains vernal pool habitat essential for the conservation of the Riverside fairy shrimp. Considering the extensive habitat available, populations of Riverside fairy shrimp in this region were likely robust and formed the core population between the Cruzan Mesa and Carlsberg Ranch pools (Unit 1), at the northern end of the range of the species, and the pool groups in central and southern Orange County. Conservation of the area west of Pershing Drive is necessary for the recovery of an isolated, formerly robust population that may have genetic characteristics important to the overall longterm conservation of the species.

In Orange County, this critical habitat unit includes the vernal pools and vernal poollike ephemeral ponds and essential watershed lands at the Marine Corps Air Station El Toro, Chiquita Ridge, Tijeras Creek, Viejo parcel, Saddleback Meadows, and along the southern Orange County foothills. These vernal pool habitats are the last remaining vernal pools in Orange County known to support this species (58 FR 41384). The Orange County vernal pool habitat and essential associated watershed represent the vast majority of Riverside fairy shrimp habitat within this critical habitat unit. In addition, the Orange County pools represent a remnant complex of pools and vernal pool habitat unique to the Riverside fairy shrimp in southern Orange County. The Riverside fairy shrimp habitat in Orange County is geographically distinct from other pools within the species' range and is essential to the overall longterm conservation of the species. Therefore, as indicated in the Recovery Plan for the Vernal Pools of Southern California (Service 1998), the conservation of these vernal pools and their associated watersheds is essential to reduce the risk of extinction through random and natural events to Riverside fairy shrimp populations in Orange County and throughout its current range.
[[Page 29389]]
Map Unit 3: Western Riverside County Critical Habitat Unit, Riverside County, California (1,762 Ha (4,355 Ac))

The western Riverside County critical habitat unit includes the vernal pool basins and associated essential watersheds on the Santa Rosa Plateau and in Murrieta. These vernal pools and pool complexes represent the eastern limit of occupied Riverside fairy shrimp habitat, unique vernal pool habitat, and may have genetic characteristics important to the overall longterm conservation of the species (i.e., they may be genetically different from more centrally located populations) (Lesica and Allendorf 1995). Pools within this unit also support the federally endangered California Orcutt grass (Orcuttia californica) and vernal pool fairy shrimp (Branchinecta lynchi). These pools and their associated watersheds are essential for the conservation and recovery of the Riverside fairy shrimp as indicated in the Recovery Plan (Service 1998). This unit includes two of the five remaining populations of Riverside fairy shrimp in Riverside County. A third population, Skunk Hollow, is protected as part of an approved mitigation bank that is within the Rancho Bella Vista HCP area and as part of the conservation measures contained in the Assessment District 161 Subregional HCP. Of the remaining two vernal complexes containing Riverside fairy shrimp, one complex consists of a series of stock ponds in which the Riverside fairy shrimp was discovered after the publication of the proposed critical habitat designation. The other complex, which includes a basin (one of a series) adjacent to Lake Elsinore in which the Riverside fairy shrimp was found, was not identified as essential in the Recovery Plan and was, therefore, not included in this critical habitat designation.
Map Unit 4: North San Diego County Critical Habitat Unit, San Diego County, California (372 Ha (920 Ac))

The north San Diego County critical habitat unit includes essential vernal pool habitat and associated watersheds at Marine Corps Base Camp Pendleton and one pool complex within the City of Carlsbad. This unit encompasses approximately 312 ha (770 ac) in nontraining areas within Camp Pendleton. These include pool complexes and lands within the associated watersheds in the Wire Mountain Housing Area, within the Cockleburr Sensitive Area, and lands leased to the State of California and included within San Onofre State Park. The Recovery Plan (Service 1998) includes these pool complexes and their watersheds within the San Diego North Coastal Mesas Management Areas. This critical habitat unit is included in the designation because the vernal pool habitat and associated watersheds on Marine Corps Base Camp Pendleton represent one of the largest populations of the Riverside fairy shrimp and vernal pool habitat in southern California. These parcels of land are being designated as critical habitat because they represent unique vernal pool habitat and are essential to the longterm conservation of the Riverside fairy shrimp as identified in the Recovery Plan (Service 1998).

Within the jurisdiction of the City of Carlsbad, one vernal pool complex is located at the Poinsettia Lane train station. This complex and its watershed are associated with a remnant parcel of coastal terrace habitat. These lands contain unique vernal pool habitat and are essential to the conservation of the Riverside fairy shrimp in northern San Diego County, as indicated in the Recovery Plan (Service 1998). Map Unit 5: South San Diego County Critical Habitat Unit, San Diego County, California (63 Ha (155 Ac))

In the proposed rule (65 FR 57136), we had six units and this unit was known as unit 6. However, we deleted proposed unit 5 (Marine Corps Air Station, Miramar) from the final rule, so this unit has changed from unit 6 to unit 5.

The South San Diego County critical habitat unit is composed of private and Federal lands and includes the ephemeral basin and its associated watershed along the United StatesMexico border. This ephemeral basin is on Federal lands (Immigration and Naturalization Service (INS)) and represents the southern limit of occupied habitat for the Riverside fairy shrimp in the United States. This basin is identified in the Recovery Plan (Service 1998) as necessary for the conservation of the Riverside fairy shrimp in southern San Diego County by providing the remnant vernal pool habitat unique to this species. The protection provided through the designation of critical habitat will assist in the recovery efforts identified in the Recovery Plan. Effects of Critical Habitat Designation

Section 7 Consultation

Section 7(a) of the Act requires Federal agencies, including the Service, to ensure that actions they fund, authorize, or carry out do not destroy or adversely modify critical habitat to the extent that the action appreciably diminishes the value of the critical habitat for the survival and recovery of the species. Individuals, organizations, States, local governments, and other nonFederal entities are affected by the designation of critical habitat only if their actions occur on Federal lands, require a Federal permit, license, or other authorization, or involve Federal funding.

Section 7(a) of the Act requires Federal agencies, including the Service, to evaluate their actions with respect to any species that is proposed or listed as endangered or threatened and with respect to its critical habitat, if any is designated or proposed. Regulations implementing this interagency cooperation provision of the Act are codified at 50 CFR part 402. Section 7(a)(4) requires Federal agencies to confer with us on any action that is likely to jeopardize the continued existence of a proposed species or result in destruction or adverse modification of proposed critical habitat. Conference reports provide conservation recommendations to assist the action agency in eliminating conflicts that may be caused by the proposed action. The conservation recommendations in a conference report are advisory. We may issue a formal conference report, if requested by the Federal action agency. Formal conference reports include an opinion that is prepared according to 50 CFR 402.14, as if the species was listed or critical habitat designated. We may adopt the formal conference report as the biological opinion when the species is listed or critical habitat designated, if no substantial new information or changes in the action alter the content of the opinion (see 50 CFR 402.10(d)).

If a species is listed or critical habitat is designated, section 7(a)(2) requires Federal agencies to ensure that activities they authorize, fund, or carry out are not likely to jeopardize the continued existence of such a species or to destroy or adversely modify its critical habitat. If a Federal action may affect a listed species or its critical habitat, the responsible Federal agency (action agency) must enter into consultation with us. Through this consultation, we would ensure that the permitted actions do not destroy or adversely modify critical habitat.

When we issue a biological opinion concluding that a project is likely to result in the destruction or adverse modification of critical habitat, we also provide reasonable and prudent alternatives to the project, if any are identifiable. ``Reasonable and prudent alternatives'' are defined at 50 CFR 402.02 as alternative actions identified during consultation that can be
[[Page 29390]]
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 the destruction or adverse modification of critical habitat. Reasonable and prudent alternatives can vary from slight project modifications to extensive redesign or relocation of the project. Costs associated with implementing a reasonable and prudent alternative are similarly variable.

Regulations at 50 CFR 402.16 require Federal agencies to reinitiate consultation on previously reviewed actions in instances where critical habitat is subsequently designated, and the Federal agency has retained discretionary involvement or control over the action or such discretionary involvement or control is authorized by law. Consequently, some Federal agencies may request reinitiation of consultation or conference with us on actions for which formal consultation has been completed, if those actions may affect designated critical habitat or adversely modify or destroy proposed critical habitat.

Activities on Federal lands that may affect the Riverside fairy shrimp or its critical habitat will require section 7 consultation. Activities on private or State lands requiring a permit from a Federal agency, such as a permit from the U.S. Army Corps of Engineers (Corps of Engineers) under section 404 of the Clean Water Act (CWA), a section 10(a)(1)(B) permit from the Service, or some other Federal action, including funding (e.g., Federal Highway Administration, Federal Aviation Administration, or Federal Emergency Management Agency), will also continue to be subject to the section 7 consultation process. Federal actions not affecting listed species or critical habitat and actions on nonFederal lands that are not federally funded, authorized, or permitted do not require section 7 consultation.

Section 4(b)(8) of the Act requires us to briefly evaluate and describe in any proposed or final regulation that designates critical habitat those activities involving a Federal action that may destroy or adversely modify such habitat, or that may be affected by such designation. Activities that destroy or adversely modify critical habitat include those that appreciably reduce the value of critical habitat for both the survival and recovery of the Riverside fairy shrimp. We note that such activities may also jeopardize the continued existence of the species.

To properly portray the effects of critical habitat designation, we must first compare the section 7 requirements for actions that may affect critical habitat with the requirements for actions that may affect a listed species. Section 7 prohibits actions funded, authorized, or carried out by Federal agencies from jeopardizing the continued existence of a listed species or destroying or adversely modifying the listed species' critical habitat. Actions likely to ``jeopardize the continued existence'' of a species are those that would appreciably reduce the likelihood of the species' survival and recovery, and actions likely to ``destroy or adversely modify'' critical habitat are those that would appreciably reduce the value of critical habitat for the survival and recovery of the listed species.

Common to both definitions is an appreciable detrimental effect on both survival and recovery of a listed species. Given the similarity of these definitions, actions likely to destroy or adversely modify critical habitat would almost always result in jeopardy to the species concerned, particularly when the area of the proposed action is occupied by the species concerned. Therefore, designation of critical habitat in areas occupied by the Riverside fairy shrimp is not likely to result in a regulatory burden above that already in place due to the presence of the listed species.

Federal agencies already consult with us on activities in areas occupied by the species to ensure that their actions do not jeopardize the continued existence of the species. These actions include, but are not limited to:
(1) Any activity, including the regulation of activities by the Corps of Engineers under section 404 of the CWA or activities carried out by or licensed by the U.S. Environmental Protection Agency, that could alter the watershed, water quality or quantity to an extent that water quality becomes unsuitable to support Riverside fairy shrimp, or any activity that significantly affects the natural hydrologic function of the vernal pool system and/or ephemeral pond or depression; (2) Road construction and maintenance, rightofway designation, and regulation of agricultural activities, or any activity funded or carried out by the Department of Transportation or Department of Agriculture that results in discharge of dredged or fill material, excavation, or mechanized land clearing of ephemeral and/or vernal pool basins;
(3) Regulation of airport improvement or maintenance activities by the Federal Aviation Administration;
(4) Military training and maneuvers on Camp Pendleton and Miramar, and other applicable Department of Defense (DOD) lands;
(5) Construction of roads and fences along the international border with Mexico, and associated immigration enforcement activities by the INS; and
(6) Licensing of construction of communication sites by the Federal Communications Commission.

Any of the above activities that appreciably diminish the value of critical habitat to the degree that they affect the survival and recovery of the Riverside fairy shrimp may be considered an adverse modification of critical habitat. We note that such activities may also jeopardize the continued existence of the species.

All lands designated as critical habitat are within the current geographic range of the Riverside fairy shrimp, and are occupied by the species, and/or are likely to be used by the species, whether for foraging, breeding, growth of larvae, dispersal, migration, genetic exchange, and sheltering, with the exception of the lands within Unit 2. Lands within Unit 2 are not currently known to be occupied by the Riverside fairy shrimp. Federal agencies already consult with us on activities in areas currently occupied by the species, or if the species or vernal pool habitat may be affected by the action, to ensure that their actions do not jeopardize the continued existence of the species. Thus, we do not anticipate significant additional regulatory protection or burden will result from this critical habitat designation.

If you have questions regarding whether specific activities will constitute adverse modification of critical habitat, contact the Field Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES section). Requests for copies of the regulations on listed wildlife, and inquiries about prohibitions and permits may be addressed to the U.S. Fish and Wildlife Service, Branch of Endangered Species, 911 NE. 11th Ave, Portland, OR 97232 (telephone 503/2312063; facsimile 503/231 6243).
Relationship of Critical Habitat to Military Lands

Exclusions Under Section 3(5)(A)

The Sikes Act Improvement Act of 1997 (Sikes Act) requires 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 Resources Management Plan (INRMP). An INRMP integrates implementation of the military mission of the installation with
[[Page 29391]]
stewardship of the natural resources found there. Each INRMP includes an assessment of the ecological needs on the installation, including needs 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. We consult with the military on the development and implementation of INRMPs for installations with listed species. We believe that habitat on bases that have completed and approved INRMPs that address the needs of the species generally do not meet the definition of critical habitat discussed above, as they require no additional special management or protection.

Therefore, we do not include these areas in critical habitat designations if they meet the following three criteria: (1) A current INRMP must be complete and provide sufficient conservation benefit to the species, (2) the plan must provide assurances that the conservation management strategies will be implemented, and (3) the plan must provide assurances that the conservation management strategies will be effective, by providing for periodic monitoring and revisions as necessary. If all of these criteria are met, then the lands covered under the plan would not meet the definition of critical habitat.

We evaluated INRMPs for DOD land that was within the proposed critical habitat to determine whether any INRMPs met the special management criteria. To date, Miramar is the only DOD installation that has completed a final INRMP that provides for sufficient conservation management and protection for vernal pools and the Riverside fairy shrimp. We reviewed this plan and determined that it addresses and meets the three criteria. Therefore, lands on Miramar (proposed Critical Habitat Unit 5) do not meet the definition of critical habitat, and they have not been included in this final designation of critical habitat for the Riverside fairy shrimp.

Exclusions Under Section 4(b)(2)

Subsection 4(b)(2) of the Act allows us to exclude areas from critical habitat designation where the benefits of exclusion outweigh the benefits of designation, provided the exclusion will not result in the extinction of the species. We have considered whether it is appropriate to exclude any DOD lands under section 4(b)(2).

In contrast to Miramar, Camp Pendleton has not yet completed their INRMP. Camp Pendleton has several substantial vernal pool complexes that support the Riverside fairy shrimp and are essential to the conservation of the species. In light of these factors, we proposed 2,295 ha (5,670 ac) on Camp Pendleton as critical habitat for the Riverside fairy shrimp.

The INRMP for Camp Pendleton will be completed by the statutory deadline of November 17, 2001. We will consult with the Marines under section 7 of the Act on the development and implementation of the INRMP. We fully expect that, once the INRMP is completed and approved, areas of Camp Pendleton included in the proposed critical habitat designation will not meet the definition of critical habitat, as they will require no additional special management or protection.

To date, as the INRMP for Camp Pendleton has not yet been completed and approved, these lands meet the definition of critical habitat. Nevertheless, we have determined that it is appropriate to exclude training areas on Camp Pendleton from this critical habitat designation under section 4(b)(2). The main benefit of this exclusion is ensuring that the missioncritical military training activities can continue without interruption at Camp Pendleton while the INRMP is being completed. On March 30, 2000, at the request of the Marines, we initiated formal consultation with Camp Pendleton on their upland activities. These activities include military training, maintenance, fire management, real estate, and recreation programs. Upon completion, this consultation will address the 93 percent of that base not included in our 1995 opinion concerning their programmatic conservation plan for riparian and estuarine/beach ecosystems (Service 1995). Because of the immense complexity of dealing with a multitude of hardtodefine upland activities and numerous federally listed plants and animals, the consultation has been extended and is ongoing.

The proposed critical habitat designation included about 2,295 ha (5,670 ac), or about 10 percent of the base. If critical habitat is designated within the training areas on Camp Pendleton for the Riverside fairy shrimp, the Marines believe they would be compelled to significantly curtail necessary training within the area designated as critical habitat, to the detriment of missioncritical training capability, until the consultation is concluded. As a result, the Camp Pendleton's utility as a Marine training site could be limited.

In contrast, the benefits of designating critical habitat within the training areas on Camp Pendleton now are small. The primary benefit of designation is the prohibition on destruction or adverse modification of critical habitat under section 7 of the Act. However, we believe that section 7 consultation on any proposed action on Camp Pendleton that would result in an adverse modification conclusion would also result in a jeopardy conclusion, and we are now engaged in formal consultation with the Marines on their activities in vernal pool habitat on the base. In addition, the Marines have a statutory obligation under the Sikes Act to complete an INRMP for Camp Pendleton. As noted above, we expect that, when completed and adopted, this INRMP will provide equal or greater protection to Riverside fairy shrimp habitat on Camp Pendleton than a critical habitat designation.

We conclude that the benefits of excluding training areas on Camp Pendleton exceed the benefits of including them in the critical habitat designation. Further, we have determined that excluding the training areas will not result in the extinction of the Riverside fairy shrimp, as sufficient vernal pools remain within the final critical habitat designation, and sections 7(a)(2) and 9 of the Act still apply to the activities affecting Riverside fairy shrimp on Camp Pendleton. This exclusion does not apply to the vernal pool complexes in the Wire Mountain Housing Area, within the Cockleburr Sensitive Area, and lands leased to the State of California and included within San Onofre State Park. Because these lands are used minimally, if at all, by the Marines for training, the 312 ha (770 ac) of lands proposed on Camp Pendleton and within the San Onofre State Park are retained in the final designation.
Relationship of Critical Habitat to Habitat Conservation Plans

Subsection 4(b)(2) of the Act allows us to exclude areas from critical habitat designation where the benefits of exclusion outweigh the benefits of designation, provided the exclusion will not result in the extinction of the species. For the following reasons, we believe that in most instances the benefits of excluding legally operative HCPs, for which the Riverside fairy shrimp is a covered species and take has been authorized, will outweigh the benefits of including them. (1) Benefits of Inclusion

The benefits of including HCP lands in critical habitat are normally small. The principal benefit of any designated critical habitat is that activities in such
[[Page 29392]]
habitat that may affect it require consultation under section 7 of the Act. Such consultation would ensure that adequate protection is provided to avoid adverse modification of critical habitat. Where HCPs are in place, our experience indicates that this benefit is small or nonexistent. Currently approved and permitted HCPs are already designed to ensure the longterm survival of covered species within the plan area. Where we have an approved HCP, lands that we ordinarily would define as critical habitat for covered species will normally be protected in reserves and other conservation lands by the terms of the HCPs and their Implementing Agreements. These HCPs and Implementing Agreements include management measures and protections for conservation lands designed to protect, restore, and enhance their value as habitat for covered species.

In addition, an HCP application must itself be consulted upon. While this consultation will not look specifically at the issue of adverse modification of critical habitat, unless critical habitat has already been designated within the proposed plan area, it will look at the very similar concept of jeopardy to the listed species in the plan area. Because HCPs, particularly large regional HCPs, address land use within the plan boundaries, habitat issues within the plan boundaries will have been thoroughly addressed in the HCP and through the consultation on the HCP. Our experience is also that, under most circumstances, consultations under the jeopardy standard will reach the same result as consultations under the adverse modification standard. Implementing regulations (50 CFR Part 402) define ``jeopardize the continued existence of'' and ``destruction or adverse modification of'' in virtually identical terms. Jeopardize the continued existence of means to engage in an action ``that reasonably would be expected * * * to reduce appreciably the likelihood of both the survival and recovery of a listed species.'' Destruction or adverse modification means an ``alteration that appreciably diminishes the value of critical habitat for both the survival and recovery of a listed species.'' Common to both definitions is an appreciable detrimental effect on both survival and recovery of a listed species, in the case of critical habitat, by reducing the value of the habitat so designated. Thus, actions satisfying the standard for adverse modification are nearly always found to also jeopardize the species concerned, and the existence of a critical habitat designation does not materially affect the outcome of consultation. Additional measures to protect the habitat from adverse modification are not likely to be required.

Further, HCPs typically provide for greater conservation benefits to a covered species than section 7 consultations because HCPs assure the longterm protection and management of a covered species and its habitat, and funding for such management through the standards found in the 5Point Policy for HCPs (64 FR 35242) and the HCP No Surprises regulation (63 FR 8859). Such assurances are typically not provided by section 7 consultations which, in contrast to HCPs, often do not commit the project proponent to longterm special management or protections. Thus, a consultation typically does not accord the lands it covers the extensive benefits an HCP provides.

The development and implementation of HCPs provide other important conservation benefits, including the development of biological information to guide conservation efforts and assist in species recovery, and the creation of innovative solutions to conserve species while allowing for development. The education benefits of critical habitat, including informing the public of areas that are important for longterm survival and conservation of the species, are essentially the same as those that would occur from the public notice and comment procedures required to establish an HCP, as well as the public participation that occurs in the development of many regional HCPs. For these reasons, then, we believe, that designation of critical habitat has little benefit in areas covered by HCPs.

(2) Benefits of Exclusion

The benefits of excluding HCPs from being designated as critical habitat may be more significant. They include relieving landowners, communities, and counties of any additional minor regulatory review that might be imposed by critical habitat. Many HCPs, particularly large regional HCPs, take many years to develop and, upon completion, become regional conservation plans that are consistent with the recovery of covered species. Most regional plans benefit many species, both listed and unlisted. Imposing an additional regulatory review after HCP completion could be viewed as a disincentive to those developing HCPs. Excluding HCPs provides us with an opportunity to streamline regulatory compliance for HCP participants.

A related benefit of excluding HCPs is that it would encourage the continued development of partnerships with HCP participants, including States, local governments, conservation organizations, and private landowners, that together can implement conservation actions we would be unable to accomplish alone. By excluding areas covered by HCPs from critical habitat designation, we preserve these partnerships and, we believe, set the stage for more effective conservation actions in the future.

In general, then, we believe the benefits of critical habitat designation to be small in areas covered by approved HCPs, and the benefits of excluding HCPs from designation to be significant. Weighing the small benefits of inclusion against the benefits of exclusion, including the benefits of relieving property owners of an additional layer of approvals and regulation, together with the encouragement of conservation partnerships, would generally result in approved HCPs being excluded from critical habitat designation under section 4(b)(2) of the Act.

Not all HCPs are alike with regard to species coverage and design. Within this general analytical framework, we need to evaluate completed and legally operative HCPs in which the Riverside fairy shrimp is a covered species on a casebycase basis to determine whether the benefits of excluding these particular areas outweigh the benefits of including them.

Section 4(b)(2) Evaluation of Specific HCPs

We expect that critical habitat may be used as a tool to identify those areas essential for the conservation of the species, and we will encourage development of HCPs for such areas on nonFederal lands. Habitat conservation plans currently under development are intended to provide for protection and management of habitat areas essential for the conservation of the Riverside fairy shrimp, while directing development and habitat modification to nonessential areas of lower habitat value.

Only HCPs within the boundaries of the proposed critical habitat units are discussed herein. Those approved and legally operative HCPs that provide coverage and incidental take approval for the Riverside fairy shrimp have been excluded from this designation.

A number of habitat planning efforts have been completed within the range of the Riverside fairy shrimp. Principal among these are the San Diego Multiple Species Conservatio

FOR FURTHER INFORMATION CONTACT Jim Bartel, Field Supervisor, Carlsbad Fish and Wildlife Office, at the above address (telephone 760/4319440; facsimile 760/4319624).