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CFR Citation: 50 CFR Part 17

RIN ID: RIN 1018-AG73

NOTICE: Part III

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY: Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for Holocarpha macradenia (Santa Cruz Tarplant)

DATES: We will accept comments until January 14, 2002. Public hearing requests must be received by December 31, 2001.

DOCUMENT SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat pursuant to the Endangered Species Act of 1973, as amended (Act), for Holocarpha macradenia (Santa Cruz tarplant). Approximately 1,360 hectares (3,360 acres) in Contra Costa, Santa Cruz, and Monterey Counties, California, are proposed for designation of critical habitat. Critical habitat receives protection from destruction or adverse modification through required consultation under section 7 of the Act with regard to actions carried out, funded, or authorized by a Federal agency. Section 4 of the Act requires us to consider economic and other relevant impacts when specifying any particular area as critical habitat.

We solicit data and comments from the public on all aspects of this proposal, including data on economic and other impacts of the designation and our approaches for handling any future habitat conservation plans. We may revise this proposal prior to final designation to incorporate or address new information received during the comment period.

SUMMARY: Interior Department, Fish and Wildlife Service,

SUPPLEMENTAL INFORMATION

Holocarpha macradenia (Santa Cruz tarplant) is an aromatic annual herb in the aster family (Asteraceae) that is restricted to coastal terrace prairie habitat along the coast of central California. Holocarpha macradenia is one of only four species of the genus Holocarpha. All four are geographically restricted to California. The plant is rigid with lateral branches that grow to the height of the main stem, which is 10 to 50 centimeters (cm) (4 to 20 inches (in)) tall. The lower leaves are broadly linear and up to 12 cm (5 in) long; the upper leaves are smaller, with rolled back margins, and are truncated by a distinctive craterform (open pitted) gland. The yellow daisylike flower head is surrounded from beneath by individual bracts (small leaflike structure associated with flower head) that have about 25 stout glandtipped projections (Keil 1993). H. macradenia is distinguished from other members of the genus by its numerous ray flowers and black anthers.

Holocarpha macradenia, like other closely related tarplants in the genus Deinandra, is selfincompatible, meaning that individuals will not produce viable seeds without cross pollinating with other individuals (B. Baldwin, in litt. 2001). Gene flow from individual to individual and from population to population increases the likelihood of viability through the maintenance of genetic diversity; therefore gene flow is important for the longterm survival of selfincompatible species (Ellstrand 1992). Gene flow often occurs through pollen movement between populations, and likely occurs over short distances because most of the native insects thought to pollinate H. macradenia generally travel less than 0.5 kilometers (km) (0.3 miles (mi)) at one time. Because clusters of small populations of H. macradenia may facilitate greater gene flow, even the conservation of small occurrences may be critical to maintaining genetic diversity in this species. Native bees, bee flies, and wasps have been observed visiting H. macradenia flowers (Sue Bainbridge, Jepson Herbarium, University of California, Berkeley, pers. comm. 2001).

Seed production in Holocarpha macradenia is highly variable. A large, multibranched individual may produce 25 seed heads with up to 15 seeds per head, while individuals growing in crowded conditions may be unbranched and produce only one seed head (S. Bainbridge, pers. comm. 2001). Floral heads produce two kinds of achenes (seeds), disc and ray. The disc achenes readily germinate under field and lab conditions, but appear to lose viability within 18 months of production (Bainbridge 1999, S. Bainbridge, pers. comm. 2001). In contrast, the ray achenes do not germinate readily under field and lab conditions; they represent the persistent soil seed bank in the field, and germination may be delayed for many years until further environmental cues break their dormancy (Bainbridge 1999).

The disc achenes usually fall from the receptacle to the ground below the parent plant, while the ray achenes are enclosed in a sticky glandular phyllary (leaflike structure) which aides dispersal by attaching to animals. Those animals likely to assist in seed dispersal include, but are not limited to, mule deer (Odocoileus hemionus), gray foxes (Urocyon cinereoargenteus), coyotes (Canis latrans), blacktailed jackrabbits (Lepus californicus), bobcats (Felis rufus), striped skunks (Mephitis mephitis), opossums (Didelphis virginiana), racoons (Procyon lotor), and other small mammals and small birds.

The Holocarpha macradenia seed bank (a reserve of dormant seeds, generally found in the soil) is important to the species' yeartoyear and longterm survival (Bainbridge 1999). A seed bank includes all of the seeds in a population and generally covers a larger area than the extent of observable plants seen in a given year. The number and location of standing plants (the observable plants) in a population varies annually due to a number of factors, including the amount and timing of rainfall, temperature, soil conditions, and the extent and nature of the seed bank. For example, the Graham Hill population near Santa Cruz comprised 12,000 standing plants in 1994 and 550 in 2001 (V. Haley, consultant, Felton, CA, pers. comm. 2001); the Apple Hill population near Watsonville comprised 0 standing plants in 1999 and 4,049 in 2000 (T. Edell, in litt., 2000).

The extent of seed bank reserves is variable from population to population. At the Twin Lakes population in Santa Cruz, the seed bank density averaged 240 seeds per square meter (m\2\) (10 square feet (ft\2\)); at the Watsonville Airport, the seed bank density averaged 887 seeds per (m\2\) (10 ft\2\); at the Porter Ranch population in northern Monterey County, the seed bank density averaged 40,000 seeds (m\2\) (10 ft\2\) (Bainbridge 1999, S. Bainbridge, pers. comm. 2001).

Management activities can affect the balance between the number of standing plants and the extent of seed bank reserves. Burning, mowing, and scraping habitat for Holocarpha macradenia have been utilized to enhance populations at several sites, including Graham Hill, Arana Gulch, Twin Lakes, Tan, and Apple Hill, with variable results. At the Watsonville Airport site, H. macradenia habitat adjacent to runways has been mowed, disced, and grazed to maintain visibility for airport operations. While this
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management has increased the standing population of H. macradenia, the vigor of individual plants appears to be in decline, and the seed bank reserve may be becoming depleted (Deb Hillyard, California Department of Fish and Game, pers. comm. 2001).

Habitat for Holocarpha macradenia historically consisted of grasslands and prairies found on coastal terraces below 100 meters (m) (330 feet (ft)) in elevation, from Monterey County north to Marin County. In the late 1800s, coastal prairies were estimated to cover 350,000 hectares (ha) (865,000 acres (ac)) in California (Huenneke 1989). However, in the mid 1990s, the California Natural Diversity Data Base (CNDDB) estimated that only 800 ha (1980 ac) of high quality coastal prairie remained (CNDDB 1996, cited in Holl 1998). Historically, four major factors contributed to changes in the distribution and composition of coastal prairies: grazing; the introduction of highly competitive, nonnative species; the elimination of periodic fire; and cultivation (Heady et al. 1988). The remaining coastal prairie habitat is becoming increasingly fragmented and restricted in distribution, largely due to these same factors as well as urban development.

In the Santa Cruz area, Holocarpha macradenia exists on flat to gently sloping marine terrace platforms that are separated by steep sided gulches. A series of populations occur on older marine terraces inland from the communities of Santa Cruz and Soquel; these terraces range in elevation from about 34 to 122 m (110 to 400 ft). Two populations (Arana Gulch and Twin Lakes) occur on a more recent marine terrace at lower elevations (12 to 18 m (40 to 60 ft)) and closer to the ocean. In the Watsonville area in Santa Cruz County, a series of H. macradenia populations occur on a lowlying marine terrace (15 to 37 m (50 to 120 ft) in elevation) that is dissected by Harkins Slough, Hanson Slough, and Struve Slough; the close proximity of these populations suggest that they were once part of a larger population that has since been fragmented by changes in land use over the past 100 years. Approximately 4 miles north of Watsonville, several H. macradenia populations are located on a marine terrace 55 m (180 ft) in elevation. Approximately 3 miles south of Watsonville a population occurs at an elevation of 30 m (100 ft) on alluvium (sedimentary material deposited by flowing water) resulting from marine terrace deposits. On the east side of San Francisco Bay (Contra Costa County), the marine terraces are more extensively dissected, and H. macradenia populations historically occurred on the alluvium resulting from terrace deposits (Palmer 1986).

In Santa Cruz County, where most of the remaining native occurrences of Holocarpha macradenia occur, the soils most typically found on marine terraces and the alluvial deposits derived from them are of several soil series (U.S. Department of Agriculture (USDA 1980). The Watsonville, Tierra, Elkhorn, and Pinto soil series are most frequently associated with occurrences of H. macradenia. These loams and sandy loams are very deep and range from well drained to somewhat poorly drained. Other soil series, including Los Osos, Elder, and Diablo, are also located in the vicinity of known populations of H. macradenia, but due to the scale used for mapping the distribution of soils we cannot determine the importance of these soils to this species.

Because the soils where Holocarpha macradenia occurs typically include a subsurface clay component, they hold moisture longer into the growing season compared to the surrounding sandy soils. As a summer blooming species, H. macradenia may benefit from this late season moisture (California Department of Fish and Game (CDFG) 1995); alternatively, the saturated soil conditions during the spring season may be too wet for many other species to become established, and therefore maintain the reduced cover that H. macradenia prefers (Grey Hayes, University of California, Santa Cruz, pers. comm. 2001).

Today, the Santa Cruz tarplant is associated most frequently with grasses such as nonnative wild oat (Avena fatua), Mediterranean barley (Hordeum hystrix), rattlesnake grass (Briza maxima), and bromes (Bromus sp.); and native needlegrass (Nassella spp.), and California oatgrass (Danthonia californica). Associated native herbaceous species include other tarplants from the genus Hemizonia. At some locations, the plant is found with rare or sensitive species, including Gairdner's yampah (Perideridia gairdneri), San Francisco popcorn flower (Plagiobothrys diffusus), Santa Cruz clover (Trifolium buckwestiorum), and the Ohlone tiger beetle (Cicindela ohlone), a species listed as endangered (Service 2001). Other locally unique plant species such as Choris's popcorn flower (Plagiobothrys chorisianus var. chorisianus), Triteleia (Triteleia ixiodes), coast coyote thistle (Eryngium armatum), and San Francisco gumplant (Grindelia hirsutula var. maritima) also occur in these areas.

The distribution of Holocarpha macradenia has been severely reduced due to continuing destruction and alteration of coastal prairie habitat. All of the native San Francisco Bay area populations have been extirpated. The last remaining native population, known as the Pinole Vista population, consisting of 10,000 plants, was eliminated in 1993 by commercial development (CDFG 1997).

Along Monterey Bay in Santa Cruz and Monterey Counties, approximately 13 populations are extant. According to CNDDB, an additional nine populations along the Monterey Bay have been extirpated by development, most recently in 1993 when a population in Watsonville (Anna Street site) was destroyed during construction of office buildings and a parking lot (CDFG 1993 and 1995a). Other populations have been in decline or have recently disappeared due to changes in grassland management that favor species which compete with Holocarpha macradenia. Where habitat is still intact, management favorable to H. macradenia can reverse these trends and allow seeds in the dormant seed bank of the species to germinate and grow. The ability to provide appropriate management for the remaining occurrences of H. macradenia will be pivotal in the recovery the species.

Holocarpha macradenia is currently known from approximately 13 native and eight experimentally seeded populations (CNDDB 2001, CDFG 2000) in Contra Costa, Monterey, and Santa Cruz Counties. Some of these native populations may represent separate, fragmented patches of what historically was a single larger population. Seven of the native populations occur around the cities of Santa Cruz and Soquel. These populations, with the number of standing plants and year of the most recent survey, are: Graham Hill Road, 550 (2001); De Laveaga, 1000 (2000), Arana Gulch, 234 (2000); Twin Lakes, 16 (1999); O'Neill/Tan, 0 (1998); Winkle (also referred to as Santa Cruz Gardens), 0 (1994); and Fairway, 150 (2001). Note that the names of the populations used here are those used in the final rule to list the species published on March 20, 2000 (65 FR 14898).

The remaining six native populations occur around the city of Watsonville. Four of these are bounded generally by Corralitos Creek, Harkins Slough, Watsonville Slough, and the city of Watsonville; they may represent remnants of a larger population. These four populations, with their number of standing plants and year of the most recent survey are: Watsonville Airport, 4 million (2000); Harkins Slough, 15,000 [[Page 57528]]
(1993); Apple Hill, 4049 (2000); and Struve Slough, 1 (1994). Two outlying populations in the Watsonville area are: Spring Hills Golf Course, 4,000 (1990); and Porter Ranch, 3,200 (1993).

The other eight existing populations of Holocarpha macradenia have resulted from experimental planting of seed in Wildcat Regional Park in the east San Francisco Bay area (East Bay). The final rule to list H. macradenia (65 FR 14898) included a discussion of these efforts to establish new populations within the historic range of the species. Twentytwo sites were seeded between 1982 and 1986 in what appeared to be suitable habitat but representing a range of conditions based on the following criteria: soil series (Tierra as well as five others), grazing pressure (light or moderate), and exposure to coastal fog (fog, wind but no fog, and out of wind). The seeds used for the planting had been collected from East Bay populations at the northern end of the species' range. Although a number of populations did well for a few years, many have failed to persist. Of the eight populations that have persisted at least for 14 years, only one, named Mezue, has consistently supported large numbers of individuals. In the year 2000, this population was the largest it has been since the initial seeding in 1983 and supported over 17,000 individuals (CDFG 2000).

Several agencies have taken the initiative to undertake efforts to enhance habitat for H. macradenia. In conjunction with the CDFG, the city of Santa Cruz has been applying a variety of habitat manipulations to plots within the Arana Gulch Open Space Preserve, including raking, scraping, mowing, and controlled burning with the objective of increasing the number of standing individuals, which had been in decline since grazing was terminated in the 1980s (CDFG 1997). The CDFG has been applying habitat manipulations and carrying out seed bank studies (Bainbridge 1999). The California Department of Transportation has been mowing the Apple Hill population west of Watsonville to reduce the biomass of nonnative grasses (T. Edell, in litt., 1998). While the interpretation of results can be complex, these efforts generally show that the number of standing individuals can be increased by reducing the potential for competition between H. macradenia and nonnative grasses through mowing and other techniques. However, increasing the number of standing individuals may also deplete seed bank reserves; therefore, the goals of appropriate management should include not only increasing the number of standing individuals in small populations, but also maintaining the appropriate balance between standing individuals and seed bank reserves.

Several proposed development projects will impact habitat for Holocarpha macradenia. Housing developments have been approved for several sites including the Graham Hill site and the Fairway site, but management plans for H. macradenia have not yet been fully implemented. A management plan for H. macradenia has been initiated for the Tan population, but has not yet resulted in enhancement of the population. Approval for a housing development adjacent to the Winkle population is pending. A housing development for the Struve Slough was recently approved without any active management plan for H. macradenia. As a result of a legal challenge, Watsonville Wetlands Watch has been granted a 3year time period to raise funding to purchase the 6ac parcel that supports H. macradenia for conservation purposes (Superior Court of the State of California 2001).

As has been observed at the Watsonville Airport, human activities, such as mowing and cattle grazing can favor the abundance of Holocarpha macradenia by reducing competition from other herbaceous species. However, because these activities can also promote the spread and establishment of nonnative species, they should be repeated frequently to maintain the establishment of H. macradenia. Such intensive management may not be practical in all areas where H. macradenia habitat includes a complement of nonnative species. Moreover, while the presence of H. macradenia could be maintained in areas with a high abundance of nonnative species, the habitat quality of these areas may be less than areas where the presence of nonnative species is minimal.

Based on the presence of other fragments of remaining coastal terrace prairie habitat, we believe that other populations of Holocarpha macradenia may occur within the current range of the species but have not yet been detected by botanists. In particular, suitable habitat most likely remains on older coastal terraces that lie to the north of the cities of Santa Cruz and Soquel. These areas may contain a viable seed bank, even if no standing plants are found.

Holocarpha macradenia is threatened primarily by historic and recent habitat destruction caused by residential development and habitat alteration caused primarily by land management practices that favor the increase of other species which compete with H. macradenia. Most often, the establishment of invasive, competing species follows from the cessation of grazing by cattle or horses. Future loss of habitat may also result from recreational development, airport expansion, and agriculture. Habitat that has been set aside in preserves, conservation easements, and open spaces also suffers secondary impacts from: (1) Casual use by residents, (2) introduction of nonnatives, (3) lack of active management, and (4) changes in hydrology. In particular, smaller preserve areas with H. macradenia suffer because they are cut off from the ecosystem functions, such as those involving soil and water, that would be present in larger, more contiguous sites. More often, these smaller areas are left as open spaces, but without the benefit of the grassland management needed to sustain them.

Nonnative species that have invaded and threaten habitat supporting native populations of Holocarpha macradenia include French broom (Genista monspessulana), eucalyptus (Eucalyptus sp.), acacia (Acacia decurrens, A. melanoxylon), and a number of nonnative grass species, particularly Harding grass (Phalaris aquatica) and bromes (Bromus spp.). In Wildcat Regional Park in the East Bay area, artichoke thistle (Cynara cardunculus) has invaded habitat for H. macradenia at the one site that is being proposed for critical habitat (Mezue), as well as many of the other sites where introduced populations of H. macradenia were attempted.

Previous Federal Action

Federal action on this plant began when the Secretary of the Smithsonian Institution, as directed by section 12 of the Act, prepared a report on those native U.S. plants considered to be endangered, threatened, or extinct in the United States. This report (House Doc. No. 9451), was presented to Congress on January 9, 1975, and included Holocarpha macradenia as endangered. On July 1, 1975, we published a notice in the Federal Register (40 FR 27823) accepting the report as a petition within the context of section 4(c)(2) (now section 4(b)(3)) of the Act and of our intention thereby to review the status of the plant taxa named therein. On June 16, 1976, we published a proposed rule in the Federal Register (41 FR 24523) determining approximately 1,700 vascular plant species to be endangered pursuant to section 4 of the Act. Holocarpha macradenia was included in this June 16, 1976, Federal Register document.

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In 1978, amendments to the Act required that all proposals over two years old be withdrawn. A oneyear grace period was given to those proposed rules already more than two years old. Later, on December 10, 1979, we published a notice (44 FR 70796) of the withdrawal of the portion of the June 16, 1976, proposed rule that had not been made final, along with four other proposed rules that had expired. We published an updated notice of review (NOR) for plants on December 15, 1980 (45 FR 82480). This notice included Holocarpha macradenia as a category one candidate (species for which data in our possession was sufficient to support proposals for listing).

On February 15, 1983, we published a notice (48 FR 6752) of our prior finding that the listing of Holocarpha macradenia was warranted but precluded in accordance with section 4(b)(3)(B)(iii) of the Act as amended in 1982. Pursuant to section 4(b)(3)(C)(i) of the Act, this finding must be recycled annually, until the species is either proposed for listing, or the petitioned action is found to be not warranted. Each October from 1983 through 1990 further findings were made that the listing of H. macradenia was warranted, but that the listing of this species was precluded by other pending proposals of higher priority.

Holocarpha macradenia continued to be included as a category one candidate in plant NORs published September 27, 1985 (50 FR 39526), February 1, 1990 (55 FR 6184), and September 30, 1993 (58 FR 51144). Upon publication of the February 28, 1996, NOR (61 FR 7596), we ceased using category designations and included H. macradenia as a candidate. Candidate species are those for which we have on file sufficient information on biological vulnerability and threats to support proposals to list them as threatened or endangered. The 1997 NOR, published September 19, 1997 (62 FR 49398) retained H. macradenia as a candidate, with a listing priority of 2. On March 20, 1998, we published a proposed rule in the Federal Register (63 FR 15142) to list H. macradenia. The final rule listing H. macradenia as a threatened species was published on March 20, 2000 (65 FR 14898).

Section 4(a)(3) of the Act, as amended, and implementing regulations (50 CFR 424.12) require that, to the maximum extent prudent and determinable, the Secretary designate critical habitat at the time the species is determined to be endangered or threatened. Our regulations (50 CFR 424.12(a)(1)) state that designation of critical habitat is not prudent when one or both of the following situations exist: (1) The species is threatened by taking or other human activity, and identification of critical habitat can be expected to increase the degree of threat to the species, or (2) such designation of critical habitat would not be beneficial to the species. At the time Holocarpha macradenia was listed, we found that designation of critical habitat for H. macradenia was prudent, but that given our limited listing budget, designation of critical habitat would have to be deferred so as to allow us to concentrate limited resources on higher priority critical habitat and other listing actions.

On June 17, 1999, our failure to issue final rules for listing Holocarpha macradenia and eight other plant species as endangered or threatened, and our failure to make a final critical habitat determination for the nine species was challenged in Southwest Center for Biological Diversity and California Native Plant Society v. Babbitt (Case No. C992992 (N.D.Cal.)). On May 22, 2000, the judge signed an order for the Service to propose critical habitat for the species by September 30, 2001. In midSeptember 2001, plaintiffs agreed to a brief extension of this due date until November 2, 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 a threatened species to the point at which listing under the Act is no longer necessary.

In order 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)).

When we determine critical habitat at the time of listing, as required under section 4 of the Act, or under short courtordered deadlines, we may not have the information necessary to identify all areas that are essential for the conservation of the species. Nevertheless, we are required to designate those areas we know to be critical habitat using the best information available to us.

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), which 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 our decisions represent the best scientific and commercial data available. It requires our biologists, to the extent consistent with the Act and with the use of the best scientific and commercial data available, to use primary and original sources of information as the basis for recommendations to designate critical habitat. When determining which areas are critical habitat, a primary source of information should be the listing package for the species. Additional information may be obtained from a recovery plan, articles in peer reviewed journals, conservation plans developed by States and counties, scientific status surveys and studies,
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and biological assessments or other unpublished materials (i.e., gray literature).

Habitat is often dynamic, and populations 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 outside the critical habitat designation will continue to be subject to conservation actions that may be implemented under section 7(a)(1) of the Act and to the regulatory protections afforded by the section 7(a)(2) jeopardy standard and the prohibitions of section 9 of the Act, 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 for Selection of Areas for Proposed Critical Habitat Designation

As required by the Act and regulations (section 4(b)(2) and 50 CFR 424.12) we used the best scientific information available to determine areas that contain the physical and biological features that are essential for the survival and recovery of Holocarpha macradenia. This information included information from the California Natural Diversity Data Base (CNDDB 2001), soil survey maps (Soil Conservation Service 1980, 1978), aerial photos available through TerraServer (http:// terraserver.homeadvisor.msn.com), aerial photos on loan from the County of Santa Cruz Planning Department, recent biological surveys and reports, additional information provided by interested parties, and discussions with botanical experts. Frequently accompanied by agency representatives, we also conducted site visits, either cursory or more extensive, at a number of locations managed by, or with involvement from, local, State or Federal agencies, including Graham Hill, De Laveaga Park, Twin Lakes State Beach, Arana Gulch Open Space Area (City of Santa Cruz), Anna Jean Cummings County Park (Santa Cruz County), and the Watsonville Airport (City of Watsonville). We also visited the Porter Ranch site, which is owned and managed by the Elkhorn Slough Foundation.

Much of what is known about the specific physical and biological requirements of Holocarpha macradenia is described in the Background section of this proposed rule. Additional information about appropriate management techniques is being generated by ongoing management efforts and research on life history. As discussed in the Background section, several agencies such as the California Department of Fish and Game, the California Department of Parks and Recreation, the California Department of Transportation, the county of Santa Cruz, the city of Santa Cruz, and East Bay Regional Park District are undertaking efforts to learn how to better enhance habitat for H. macradenia. Preliminary management and seed bank studies show that habitat manipulation such as burning, mowing, grazing, and scraping can increase standing numbers of plants and may be necessary to enhance and maintain populations of H. macradenia. Active management is necessary to preserve habitat which is essential for the longterm conservation of H. macradenia.

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 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 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, or rearing of offspring, germination, or seed dispersal; and habitats that are protected from disturbance or are representative of the historic geographical and ecological distributions of a species.

Based on our knowledge to date, the primary constituent elements for H. macradenia consist of, but are not limited to:
(1) Soils associated with coastal terraces prairies, including the Watsonville, Tierra, Elkhorn, Santa Inez, and Pinto series. (2) Plant communities that support associated species, including native grasses such as Nassella sp.(needlegrass) and Danthonia californica (California oatgrass); native herbaceous species such as members of the genus Hemizonia (other tarplants), Perideridia gairdneri (Gairdner's yampah), Plagiobothrys diffusus (San Francisco popcorn flower), and Trifolium buckwestiorum (Santa Cruz clover); and (3) Physical processes, particularly soils and hydrologic processes, that maintain the soil structure and hydrology that produce the seasonally saturated soils characteristic of Holocarpha macradenia habitat.

Site Selection

We identified critical habitat areas essential for the conservation of Holocarpha macradenia in the three primary areas where it is known to occur: in the East Bay (Contra Costa County), in the Santa Cruz Soquel area (Santa Cruz County), and the Watsonville area (Santa Cruz and Monterey Counties). Historic locations for which there are no recent records of occupancy (within the last 20 years) were not proposed for designation, including those previously found in Marin and Alameda Counties that have become urbanized over the last 100 years; locations to the north of Santa Cruz where H. macradenia has not been seen in over 50 years; and locations around the Watsonville area that have been destroyed by fill, agricultural activities, and parking lot construction. In the East Bay, only one of the eight sites that support an introduced population of H. macradenia in Wildcat Regional Park is being proposed for designation because it is the largest seeded population that represents the genetic variability of the northern portion of the species' range.

The longterm survival and recovery of Holocarpha macradenia is dependent upon the protection of existing population sites, and the maintenance of ecological functions within these sites. Important ecological functions include connectivity between sites within close geographic proximity to facilitate pollinator activity and seed dispersal, and the ability to maintain disturbance factors (for example, grazing, mowing, or fire disturbance) that maintain the openness of vegetation on which the species depends. Threats to the remaining habitat of H. macradenia include: urban development and its associated impacts, such as habitat fragmentation, recreational use, and changes in grazing regimes that have facilitated the increase in nonnative plant species that
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compete with H. macradenia. The areas we are proposing to designate as critical habitat provide some or all of the habitat components essential for the conservation of H. macradenia. Given the species' need for an open plant community structure and the threat of competition from nonnative species, we believe that these areas require special management considerations or protection.

In our delineation of the critical habitat units, we believe it is important to propose all areas that are currently support native populations of Holocarpha macradenia because the number of populations that have been extirpated and the reduction in range that the species has undergone place a great importance on the conservation of all the known remaining sites. In the area just west of Watsonville, a number of populations that are in close geographic proximity to each other are included in the same unit because the distribution of H. macradenia in this area was probably once greater, prior to fragmentation of populations into smaller units. Including these populations in one unit is important to maintain connectivity among them.

With regard to the experimental seeded populations of H. macradenia, we acknowledge the importance these seeding trials have offered with respect to understanding the range of habitat characteristics that H. macradenia may tolerate. However, for purposes of designating critical habitat, we believe that the area that supports the Mezue population has the most important role to play in the recovery of the species. This population is the best expression of the genetic variability that once occurred in the northern end of the range of the species; native stands in this portion of the range have now been extirpated.

Even though we do not have sufficient information at this time to propose sites other than where populations are currently known to occur, this does not signal that habitat outside the designation is unimportant or may not be required for recovery of the species. Areas that support newly discovered populations in the future, but are outside the proposed critical habitat designation, will continue to be subject to conservation actions that may be implemented under section 7(a)(1) of the Act and to the regulatory protections afforded by the section 7(a)(2) jeopardy standard and the prohibitions of section 9 of the Act, as determined on the basis of the best available information at the time an action is being proposed.

Mapping

The proposed critical habitat units were delineated by creating data layers in a geographic information system (GIS) format of the areas of known occurrences of Holocarpha macradenia, using information from the California Natural Diversity Data Base (CNDDB 2001), aerial photos, recent biological surveys and reports, and discussions with botanical experts. These data layers were created on a base of USGS 7.5' quadrangles obtained from the State of California's Stephen P. Teale Data Center. Proposed critical habitat units were mapped using Universal Transverse Mercator (UTM) coordinates. Some units were mapped with a greater precision than others, based on the available information, and the size of the unit. We anticipate that in the time between the proposed rule and the final rule, and based upon the additional information received during the public comment period, that the boundaries of certain mapping units will be refined.

In selecting areas of proposed critical habitat we made an effort to avoid developed areas, such as housing developments, that are unlikely to contain the primary constituent elements or otherwise contribute to the conservation of Holocarpha macradenia. However, we did not map critical habitat in sufficient detail to exclude all developed areas, or other lands unlikely to contain the primary constituent elements essential for the conservation of H. macradenia. Areas within the boundaries of the mapped units, such as buildings, roads, parking lots, railroads, airport runways and other paved areas, lawns, and other urban landscaped areas will not contain any of the primary constituent elements. Federal actions limited to these areas, therefore would not trigger a section 7 consultation, unless they affect the species and/or primary constituent elements in adjacent critical habitat.

Proposed Critical Habitat Designation

The proposed critical habitat areas described below constitute our best assessment at this time of the areas needed for the conservation and recovery of Holocarpha macradenia. Critical habitat being proposed for H. macradenia includes 11 units that currently sustain the species. Protection of this proposed critical habitat is essential for the conservation of the species because the geographic range that H. macradenia occupies has been reduced to so few sites that the species may well be threatened with extinction in the near future, particularly if appropriate management of the remaining habitat is not employed. The areas being proposed as critical habitat are within the three primary areas that currently support H. macradenia and include the appropriate coastal terrace prairie habitat necessary for the species. We propose to designate approximately 1,360 ha (3,360 ac) of land as critical habitat for H. macradenia. Approximately 3 percent of these lands are owned by the State, while county, regional, and city lands comprise approximately 18 percent, and private lands comprise approximately 79 percent of the proposed critical habitat. All units are within the geographic area occupied by the species in accordance with section 3(5)(A)(i) of the Act.

A brief description of each critical habitat unit is given below: East Bay Area Unit

Unit A: Mezue

Unit A consists of grassland habitat on sloping alluvial deposits from old marine terraces within Wildcat Regional Park in Contra Costa County. This entire unit of approximately 61 ha (150 ac) is on lands managed by the East Bay Regional Park District (EBRPD). Management activities at this site include controlled grazing, removal of invasive artichoke thistle, and annual population monitoring (EBRPD 1992 and 2001). Of the 22 sites that were used as sites to introduce Holocarpha macradenia seed in the East Bay region between 1982 and 1986, this population has been the only one that has consistently supported a large population of H. macradenia. In the year 2000, this population supported over 17,000 individuals (CDFG 2000). Although this population is an introduced population, this unit is critical to the survival and conservation of the species because this population represents the genetic variability in the northernmost portion of the plant's range and is important for the expansion of the existing population. Santa CruzSoquel Area Units

Unit B: Graham Hill

Unit B consists of grasslands on a relatively flat coastal terrace prairie on the west side of Graham Hill Road, approximately 1 mile north of the city of Santa Cruz in Santa Cruz County. This entire unit of approximately 12 ha (30 ac) is on privately owned lands. The unit includes a 7 ha (17 ac) area that has been set aside for conservation of coastal prairie habitat and Holocarpha macradenia as mitigation for an adjacent development that comprises 52 residences and associated amenities. The population has been fenced and
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nonnative species have been removed; however, efforts to enhance the population, as called for in a management plan (ESA 1996) have not yet been initiated. In 1994, this population numbered 12,000 individuals; by 1998, 675 individuals were counted; in 2001, approximately 550 individuals were counted (V. Haley, consultant, Felton, California, pers. comm. 2001). This unit is important because it currently supports a population of H. macradenia and because it represents the western limit of the cluster of populations that are found on the northern end of Monterey Bay. This unit, along with the Fairway unit, occur at the highest elevation of the native populations (400 ft in elevation) and consequently the farthest away from the influence of the coastal climate. Preserving genetic variability within the species that has allowed it to adapt to these different environmental conditions is important for the longterm survival and conservation of the species. Unit C: De Laveaga

Unit C consists of grasslands on a relatively flat coastal terrace prairie within De Laveaga Park just north of the city of Santa Cruz in Santa Cruz County. This entire unit of approximately 3 ha (7 ac) is on State lands managed by the California Army National Guard (CANG) and supported by Federal funds from the National Guard Bureau. CANG does not anticipate undertaking any new activities on this parcel, and is currently developing a management plan for Holocarpha macradenia (Joanne Froland, biologist, CANG, pers. comm. 2001). In 2001, a maintenance crew from the adjacent cityowned golf course spread wood chips from a felled tree over half the population. This unit is important because it currently supports a population of H. macradenia and because it is one of only seven populations in the cluster of populations that are found on the northern end of Monterey Bay. Despite its small size, this unit is important because it is located between the Graham Hill, Arana Gulch, and Rodeo Gulch units, and is important for maintaining connectivity between these other units.

Unit D: Arana Gulch

Unit D consists of grasslands on a relatively flat coastal terrace prairie within an open space preserve just north of Woods Lagoon in the City of Santa Cruz. This entire unit of approximately 26 ha (65 ac) is on lands owned and managed by the City of Santa Cruz. It is bounded on the west, east, and north sides by existing development and on the south side by the Santa Cruz Harbor. Huge population fluctuations have occurred on this site, ranging from 100,000 individuals in the late 1980s when the site was being grazed by cattle, to only a few hundred individuals 4 or 5 years later. The City entered into an MOU with CDFG in 1997 to manage Holocarpha macradenia, which includes utilizing a variety of management techniques to enhance the population. As of 1998, individuals numbered approximately 12,820; in 2000, they numbered 234 (K. Lyons in litt., 2001). The City is proposing to construct a bicycle path that would bisect the management area (Brady and Associates, Inc. 1997). The bike path would be constructed in part from Federal funding provided by the Federal Highway Administration; an informal conference with the Service was initiated in 2000 (Service, in litt., 2000). Since it was determined that the project is not likely to adversely affect H. macradenia, we did not need to convert the informal conference to a biological opinion. This unit is important because it currently supports a population of H. macradenia and because it is one of only seven populations in the cluster of populations that are found on the northern end of Monterey Bay. This unit and the Twin Lakes unit occur at the lowest elevation of the native populations in the northern Monterey Bay area (40 to 60 ft in elevation) and consequently the closest to the influence of the coastal climate. Moreover, these two units are within one half mile of each other and therefore could retain connectivity between them. It is also important for the recovery of the species because it is one of only three units that is being managed by an agency that has a mandate to conserve sensitive resources and is large enough to support management activities that may be necessary to maintain the population at this site.

Unit E: Twin Lakes

Unit E consists of grasslands on relatively flat coastal terrace prairie just north of Schwan Lagoon within the City of Santa Cruz. This entire unit of approximately 10 ha (26 ac) is on lands owned by the California Department of Parks and Recreation (CDPR) within Twin Lakes State Park. It is bounded on the west, north, and east sides by existing development, and on the south side by Schwan Lagoon. Since 1997, CDPR has been actively managing Holocarpha macradenia habitat by removing invasive, nonnative species and attempting various methods to enhance the population (Service 2000). CDPR has also funded research on H. macradenia seed bank dynamics (Bainbridge 1999). This population has ranged in size from 120 in 1986 to just a few dozen individuals in the last few years. This unit is important because it currently supports a population of H. macradenia and because it is one of only seven populations in the cluster of populations that are found on the northern end of Monterey Bay. As with the Arana Gulch unit, it occurs at the lowest elevation of the native populations in the northern Monterey Bay area (40 to 60 ft in elevation) and consequently the closest to the influence of the coastal climate. Moreover, the two units are within one half mile of each other and therefore could retain connectivity between them. This unit is also important because it is one of only three units that is being managed by an agency that has a mandate to protect sensitive resources.

Unit F: Rodeo Gulch

Unit F consists of sloping alluvial deposits and adjacent relatively flat coastal terrace prairie that straddles the Arana Gulch and Rodeo Gulch drainages north of the community of Soquel in Santa Cruz County. It is bounded on the north, east and south sides by existing development; the western side is bounded by lands that have not been developed. This entire unit of approximately 11 ha (27 ac) is on privately owned lands. This unit includes a parcel that has recently been proposed for a housing development known as Santa Cruz Gardens Subdivision Unit 12 (Denise Duffy and Associates 2001); this parcel was previously set aside in a ``temporary open space easement'' as mitigation for destroying a portion of the H. macradenia population by an earlier phase of the development in 1986 (Service 2000). The current development proposal calls for setting aside approximately 23 ha (56 ac) for conservation and recreation purposes, and includes much of the habitat that supports H. macradenia. Salvage of soil and a H. macradenia seed bank is being proposed for another portion of the project site that will be impacted by development (Lyons 1999). This population numbered approximately 60 individuals in 1993; none have been observed since then. However, a seed bank likely persists at this site. This unit is important because of the likely presence of a H. macradenia seed bank and because it is one of only seven populations in the cluster of populations that are found on the northern end of Monterey Bay. In
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addition, the seedbank for this population, this unit supports grassland habitat that provides for future expansion of the population. Also, it is within one half mile of the Soquel unit, and therefore could retain connectivity between the units.

Unit G: Soquel

Unit G consists of grasslands on sloping alluvial deposits and adjacent relatively flat coastal terrace prairie that straddles Rodeo Gulch and Soquel Creek drainages north of the community of Soquel in Santa Cruz County. It is bounded on the north, east, and south sides by existing development; the western side is bounded by lands that have not been developed. Approximately 22 ha (55 ac) of this 40 ha (100 ac) unit is within Anna Jean Cummings Regional Park (also known as O'Neill Ranch), which is managed by the County of Santa Cruz, and the remaining portion is privately owned. On the park lands, the population has been fenced, and portions of the habitat for the plant is being mowed and raked in accordance with a management plan (Ecosystems West 1999; Joe Rigney, consultant, pers. comm. 2001). The County of Santa Cruz approved a housing development for the privately owned parcel (known as Tan, but now called Seacrest) in 1997. The development included an approximately 4 ha (10 ac) parcel to be set aside for conservation and a plan to manage the habitat for Holocarpha macradenia. Although part of the same population, the CNDDB has maintained two separate entries (O'Neill and Tan) to reflect the two land ownerships. The total number of individuals in the combined population has never been larger than 200 individuals, with the private parcel supporting only a portion of those. To date, management activities have not resulted in an enhancement of the population of the species on either parcel. This unit is important because it has recently supported a population of H. macradenia and the seed bank is still present, and because it is one of only seven populations in the cluster of populations that are found on the northern end of Monterey Bay. In addition to the seedbank for this population, this unit supports grassland habitat that provides for future expansion of the population. Also, it is within one half mile of the Rodeo Gulch unit, and therefore could retain connectivity between the units. Moreover, the acreage in Anna Jean Cummings Park represents one of the best remaining fragments of habitat on which to attempt recovery activities for H. macradenia, as it has been subject to fewer impacts than other sites and is managed by a public agency that is concerned about sensitive resources.

Unit H: Porter Gulch

Unit H consists of grasslands on gently sloping alluvial deposits derived from a coastal terrace that straddles the Bates Creek and Porter Gulch drainages north of the community of Soquel in Santa Cruz County. It is bounded on all sides by undeveloped lands. This entire unit of approximately 14 ha (35 ac) is on privately owned lands. The population of Holocarpha macradenia at this site includes an approximately 12 ha (30 ac) parcel that was proposed for a lot split. A management plan for the species was developed as part of the proposed split (Greening Associates 1995); however, the management plan for H. macradenia has not been fully implemented. This unit also includes adjacent coastal prairie habitat, of which approximately 7 ha (9 ac) was deeded in 2001 to the Land Trust of Santa Cruz County for preservation. In 1993, the population of H. macradenia numbered approximately 1,500 individuals. The population numbered only several hundred individuals in 2001 when the site was observed to support a large cover of rattlesnake grass that likely competed with H. macradenia (C. Rutherford, Service, pers. obs., 2001). This unit is important because it currently supports a population of H. macradenia, and because it is one of only seven populations in the cluster of populations that are found on the northern end of Monterey Bay. Also, along with the Graham Hill unit, this one occurs at the highest elevation of the native populations (400 ft in elevation) and consequently the farthest away from the influence of the coastal climate. Preserving genetic variability within the species that has allowed it to adapt to these slightly different environmental conditions would be important for the longterm survival and conservation of the species.
Watsonville Area Units

Unit I: Watsonville

Unit I consists of a complex of grasslands and lowlying drainages on alluvial fans and marine terraces west of the city of Watsonville in Santa Cruz County. The northern and eastern boundaries reach toward the Corralitos Creek drainage except where it runs up against existing development. The southeastern and southern boundary is formed by the Pajaro River drainage. The western boundary is formed by the Harkins Slough drainage and then generally follows Buena Vista Drive north until it intersects with the northern perimeter of the Watsonville Airport (Airport). This unit excludes paved areas of the Airport, but includes the unpaved portions surrounding the runways. This approximately 662 ha (1,634 ac) unit is partly owned by the City of Watsonville (the Airport) (approximately 135 ha (330 ac)); a small portion is under easement to the California Department of
Transportation (approximately 8 ha (20 ac)); a portion is designated as a Reserve by the CDFG (approximately 16 ha (40 ac)); and the remaining portion is privately owned (approximately 504 ha (1,245 ac)). This unit overlaps in part with an area that is targeted for regional conservation planning by the CDFG. Through its Conceptual Area Protection Plan process, CDFG, along with other Federal, State, and local agencies and organizations, are is identifying opportunities to preserve sensitive species and habitats, including the Harkins Slough and Watsonville Slough wetlands and adjacent habitats (J. DeWald, in litt. 2001). This unit is important because it currently supports multiple populations of H. macradenia including the populations known from the Airport, Harkins Slough, Apple Hill, and Bay Breeze; this unit also supports grassland habitat that is important for the expansion of existing populations and for maintaining connectivity between the populations. It is also one of only three areas that support populations of H. macradenia that are found in the central Monterey Bay area and in the southern end of the range of the species. Preserving any genetic variability within the species that has allowed it to adapt to these slightly different environmental conditions is important for the longterm survival and conservation of the species.

Unit J: Casserly

Unit J consists of open patches of grassland interspersed with golf course greens, cattle pastures, croplands, and orchards. This entire unit of approximately 450 ha (1,110 ac) consists of privately owned lands. It is the unit for which the least amount of information is available, particularly with respect to the extent of existing land uses in the area that support the primary constituent elements. The Spring Hills population of Holocarpha macradenia occurs within this unit. The population numbered approximately 4,000 individuals in 1990; the population was observed in 1995 and 2001, though not counted. The population was fragmented by development of the Spring Hills Golf Course, and now consists of five
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separate occurrences. This unit is important because it currently supports multiple occurrences of H. macradenia that are found in the Monterey Bay area, including the five populations known from the Spring Hills Golf Course. This unit also supports grassland habitat that is important for the expansion of existing populations, and for maintaining connectivity between these populations. It is one of only three areas that support populations of H. macradenia that are found in the central Monterey Bay area and in the southern end of the range of the species as well as the most inland distribution of the species. Preserving genetic variability within the species that has allowed it to adapt to these slightly different environmental conditions would be important for the longterm survival and conservation of the species. Unit K: Elkhorn

Unit K consists of sloping terrain on the edges of a coastal terrace, just south of the Pajaro River in northern Monterey County. The population of Holocarpha macradenia that is found here is unusual in that it occurs on a canyon bottom; it is also the only population that occurs primarily on the Santa Ynez soil series. This unit of approximately 6970 ha (170 ac) is privately owned by the Elkhorn Slough Foundation (Foundation). The CDFG holds a conservation easement on an approximately 16 ha (40 ac) parcel that overlaps in part with this unit; the Foundation is managing the parcel for its biological values. Multiple Federal, State, and local government and private agencies have recently developed a conservation plan for the Elkhorn Slough watershed; this critical habitat unit is within the 18,210 ha (45,000 ac) area on which the conservation plan focuses (Scharffenberger 1999). In 1993, the population at this site comprised approximately 3,200 individuals (CNDDB 2001). This unit is important because it currently supports a population of H. macradenia and because it is one of only three areas that support populations of H. macradenia that are found on the central Monterey Bay area and in the southern end of the range of the species. Also, this is the only populations that occurs primarily on the Santa Ynez soil series. Preserving any genetic variability within the species that has allowed it to adapt to these slightly different environmental conditions is important for the longterm survival and conservation of the species. In addition to the current population, this unit comprises grassland habitat that is important for the expansion of the population.

The approximate areas of proposed critical habitat by land ownership are shown in Table 1. Lands proposed are under private, county, State, and Federal jurisdiction.
Table 1.Approximate Areas, Given in Hectares (ha) and Acres (ac)\1\ of Proposed Critical Habitat for Holocarpha Macradenia by Land Ownership Unit name State Private County/City Federal Total A. Mezue.................................. 0 ha 0 ha 61 ha 0 ha 61 ha (0 ac) (0 ac) (150 ac) (0 ac) (150 ac) B. Graham Hill............................ 0 ha 14 ha 0 ha 0 ha 14 ha (0 ac) (35 ac) (0 ac) (0 ac) (35 ac) C. De Laveaga............................. 3 ha 0 ha 0 ha 0 ha 3 ha (7 ac) (0 ac) (0 ac) (0 ac) (7 ac) D. Arana Gulch............................ 0 ha 0 ha 26 ha 0 ha 26 ha (0 ac) (0 ac) (65 ac) (0 ac) (65 ac) E. Twin Lakes............................. 10 ha 0 ha 0 ha 0 ha 10 ha (26 ac) (0 ac) (0 ac) (0 ac) (26 ac) F. Rodeo Gulch............................ 0 ha 11 ha 0 ha 0 ha 11 ha (0 ac) (27 ac) (0 ac) (0 ac) (27 ac) G. Soquel................................. 0 ha 18 ha 22 ha 0 ha 40 ha (0 ac) (45 ac) (55 ac) (0 ac) (100 ac) H. Porter Gulch........................... 0 ha 14 ha 0 ha 0 ha 14 ha (0 ac) (35 ac) (0 ac) (0 ac) (35 ac) I. Watsonville............................ 24 ha 504 ha 134 ha 0 ha 662 ha (60 ac) (1,245 ac) (330 ac) (0 ac) (1,635 ac) J. Casserly............................... 0 ha 450 ha 0 ha 0 ha 450 ha (0 ac) (1,110 ac) (0 ac) (0 ac) (1,110 ac) K. Elkhorn................................ 0 ha 69 ha 0 ha 0 ha 69 ha (0 ac) (170 ac) (0 ac) (0 ac) (170 ac)
Total............................... 37 ha 1,081 ha 243 ha 0 ha 1,360 ha (93 ac) (2,667 ac) (600 ac) (0 ac) (3,360 ac) \1\ Approximate acres from GIS map data have been converted to hectares (1 ha = 2.47 ac). Based on the level of imprecision of mapping, approximate hectares and acres greater than or equal to 30 ( 30) have been rounded to the nearest 5; totals are sums of columns and rows. Effects of Critical Habitat Designation

Section 7 Consultation

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 ``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

FOR FURTHER INFORMATION CONTACT Connie Rutherford, Ventura Fish and Wildlife Office, U.S. Fish and Wildlife Service, telephone 805/644 1766; facsimile 805/6443958.