Federal Register: October 7, 2010 (Volume 75, Number 194)
DOCID: fr07oc10-11 FR Doc 2010-24763
DEPARTMENT OF THE INTERIOR
Veterans Affairs Department
CFR Citation: 50 CFR Part 17
Docket ID: [Docket No. FWS-R8-ES-2009-0038]
RIN ID: RIN 1018-AW22
MO ID: [MO 92210-0-0009]
NOTICE: Part II
DOCID: fr07oc10-11
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for Navarretia fossalis (Spreading Navarretia)
DATES: This rule becomes effective on November 8, 2010.
DOCUMENT SUMMARY:
We, the U.S. Fish and Wildlife Service (Service), designate final revised critical habitat for Navarretia fossalis (spreading navarretia) under the Endangered Species Act of 1973, as amended. In total, approximately 6,720 acres (ac) (2,720 hectares (ha)) of habitat in Los Angeles, Riverside, and San Diego Counties, California, fall within the boundaries of the critical habitat designation. This final rule constitutes an overall increase of approximately 6,068 ac (2,456 ha) from the 2005 critical habitat designation for N. fossalis.
SUMMARY:
Interior Department, Fish and Wildlife Service
SUPPLEMENTAL INFORMATION
Background
It is our intent to discuss only those topics directly relevant to the development of the revised designation of critical habitat for Navarretia fossalis under the Endangered Species Act of 1973 as amended (16 U.S.C. 1531 et seq.) (Act), in this final rule. For more information on the taxonomy, biology, and ecology of N. fossalis, refer to the final listing rule published in the Federal Register (FR) on October 13, 1998 (63 FR 54975), the final designation of critical habitat for N. fossalis published in the Federal Register on October 18, 2005 (70 FR 60658), the proposed revised designation of critical habitat published in the Federal Register on June 10, 2009 (74 FR 27588), and the document announcing the availability of the draft economic analysis (DEA) published in the Federal Register on April 15, 2010 (75 FR 19575). Additionally, information on this species can be found in the Recovery Plan for the Vernal Pools of Southern California (Recovery Plan) finalized on September 3, 1998 (Service 1998). New Information on Subspecies' Description, Life History, Ecology, Habitat, and Range
We did not receive any new information pertaining to the description, life history, or ecology of Navarretia fossalis following the 2009 proposed rule to revise critical habitat (74 FR 27588; June 10, 2009). However, the following paragraphs discuss new information that we received regarding the species' habitat, geographic range and status, and the areas needed for N. fossalis conservation.
Habitat
Navarretia fossalis habitat was discussed in detail in the proposed revised critical habitat rule (74 FR 27588; June 10, 2009). One commenter provided information during the first public comment period on the proposed rule, noting several habitat characteristics they felt we should have discussed (see Comment 15 below); therefore, we are providing additional discussion and clarification here. Navarretia fossalis grows in vernal pool habitat, seasonally flooded alkali vernal plain habitat (a habitat that includes alkali playa, alkali scrub, alkali vernal pool, and alkali annual grassland communities), and irrigation ditches and detention basins (Bramlet 1993a, pp. 10, 14, 21 23; Ferren and Fiedler 1993, pp. 126127; Spencer 1997, pp. 8, 13). Within alkali annual grasslands, this species is restricted to small vernal pools or other depressions (Bramlet 2009, p. 3). Researchers have also described ``riverine pools'' where N. fossalis occurs as having unique floristic elements, such as Trichocoronis wrightii var. wrightii (limestone bugheal or Wright's trichocoronis); N. fossalis and T. wrightii are only known to cooccur in the San Jacinto River (Bramlet 2009, p. 7). Suitability of hydrological conditions for the germination of this species varies on an annual basis; therefore, N. fossalis can be undetectable for a number of years and the number of plants varies depending on the timing, duration, and extent of ponding (Bramlet 2009, p. 3). For more habitat information, please see the Habitat section in the proposed revised critical habitat designation published in the Federal Register on June 10, 2009 (74 FR 27588). Areas Needed for Conservation: Core and Satellite Habitat Areas
In the proposed revised critical habitat rule (74 FR 27588; June 10, 2009), we discussed the areas that represent core habitat areas and satellite habitat areas for Navarretia fossalis. During the first public comment period, one peer reviewer expressed concern regarding our use of the word ``core'' and the biological connotation of such terminology. The terms ``core habitat area'' and ``satellite habitat area'' are descriptive terms defined for the purpose of this rulemaking and are not intended to be synonymous with similar terms used in other documents, or to describe a population distribution. We defined these terms in the proposed revised critical habitat designation published in the Federal Register on June 10, 2009 (74 FR 27588). Core habitat is defined as areas that contain the highest concentrations of N. fossalis and the largest contiguous blocks of habitat for this species. Satellite areas are defined as habitat areas that support occurrences that are smaller than those supported by the ``core habitat areas,'' but provide the means to significantly contribute to the recovery of N. fossalis (for further discussion of this issue see Comment 4 in the Summary of Comments and Recommendations section and our response). For more information on ``core habitat area'' and ``satellite habitat area,'' please see the Areas Needed for Conservation: Core and Satellite Habitat Areas section in the proposed revised critical habitat designation published in the Federal Register on June 10, 2009 (74 FR 27588).
Previous Federal Actions
On October 18, 2005 (70 FR 60658), we published our final
designation of critical habitat for Navarretia fossalis. On December
19, 2007, the Center for Biological Diversity filed a complaint in the
U.S. District Court for the Southern District of California challenging our
[[Page 62193]]
designation of critical habitat for N. fossalis and Brodiaea filifolia
(Center for Biological Diversity v. United States Fish and Wildlife
Service et al., Case No. 07CV02379WNLS). This lawsuit challenged
the validity of the information and reasoning we used to exclude areas
from the 2005 critical habitat designation for N. fossalis. On July 25,
2008, we reached a settlement agreement in which we agreed to submit a
proposed revised critical habitat designation for N. fossalis to the
Federal Register for publication by May 29, 2009, and a final revised
critical habitat designation for publication by May 28, 2010. By order
dated January 21, 2010, the district court approved a modification to
the settlement agreement that extends to September 30, 2010, the
deadline for submission of a final revised critical habitat designation
to the Federal Register. The proposed revised critical habitat
designation published in the Federal Register on June 10, 2009 (74 FR 27588).
Summary of Changes From the Proposed Revised Rule and the Previous Critical Habitat Designation
The areas designated as critical habitat in this final rule
constitute a revision of the critical habitat for Navarretia fossalis
we designated on October 18, 2005 (70 FR 60658). For this revised rulemaking process we:
(1) Refined the primary constituent elements (PCEs) to more
accurately define the physical and biological features that are essential to the conservation of N. fossalis;
(2) Revised criteria to more accurately identify critical habitat;
(3) Improved mapping methodology to more accurately define critical
habitat boundaries and better represent areas that contain PCEs;
(4) Evaluated areas considered for exclusion from critical habitat
designation under section 4(b)(2) of the Act, including identifying
whether or not areas are conserved and managed for the benefit of N. fossalis;
(5) Reanalyzed the economic impacts to identify baseline and
incremental costs associated with critical habitat designation; and
(6) Added, subtracted, and revised areas that do or do not meet the
definition of critical habitat. Table 1 provides an overview of the
differences between critical habitat rules for N. fossalis at the unit level.
Table 1. Changes between the October 18, 2005, critical habitat designation; the June 10, 2009, proposed critical habitat designation; the April 15,
2010, changes to the June 10, 2009 proposal (availability of the DEA); and this revised critical habitat designation.
April 2010 changes to
Critical habitat unit in this final October 2005 critical June 2009 proposed proposed revised September 2010
rule County habitat designation revised critical critical habitat revised critical
habitat designation designation habitat designation
Unit 1: Los Angeles BasinOrange Los Angeles 326 ac 161 ac 176 ac 176 ac
Management Area (132 ha).............. (65 ha).............. (71 ha).............. (71 ha)
Unit 2: San Diego: Northern Coastal San Diego 22 ac 9 ac 9 ac 9 ac
Mesa Management Area (9 ha)................ (4 ha)............... (4 ha)............... (4 ha)
;Unit 3: San Diego: Central Coastal San Diego 0 ac 110 ac 108 ac 103 ac
Mesa Management Area (0 ha)................ (45 ha).............. (44 ha).............. (42 ha)
Unit 4: San Diego: Inland San Diego 159 ac 206 ac 206 ac 206 ac
Management Area (64 ha)............... (83 ha).............. (83 ha).............. (83 ha)
Unit 5: San Diego: Southern Coastal San Diego 145 ac 711 ac 753 ac 749 ac
Mesa Management Area (59 ha)............... (288 ha)............. (305 ha)............. (303 ha)
Unit 6: Riverside Management Area Riverside 0 ac 5,675 ac 6,356 ac 5,477 ac
(0 ha)................ (2,297 ha)........... (2,572 ha)........... (2,217 ha)
Totals* 652 ac 6,872 ac 7,608 ac 6,720 ac
(264 ha).............. (2,781 ha)........... (3,079 ha)........... (2,720 ha) *Values in this table may not sum due to rounding.
In 2005, we designated approximately 652 ac (264 ha) as critical
habitat for Navarretia fossalis in 4 units with 10 subunits (70 FR
60658; October 18, 2005). In our 2009 proposed revised critical
habitat, we proposed approximately 6,872 ac (2,781 ha) as critical
habitat in 6 units with 22 subunits (74 FR 27588; June 10, 2009). In
response to information received as public comments on our 2009
proposed revised critical habitat, we changed the 2009 proposed revised
rule to propose approximately 7,608 ac (3,079 ha) as critical habitat
in 6 units with 23 subunits (75 FR 19575; April 15, 2010). In this
revised critical habitat rule, we are designating approximately 6,720
ac (2,720 ha) as critical habitat in 6 units with 19 subunits,
reflecting exclusion of approximately 871 ac (353 ha) in all or
portions of 2 units (3 subunits) based on consideration of relevant
impacts under section 4(b)(2) of the Act. Lands that contain the
physical and biological features essential to the conservation of N. fossalis on Marine Corps Air Station
[[Page 62194]]
(MCAS) Miramar and Marine Corps Base (MCB) Camp Pendleton are exempt
from this critical habitat designation based on section 4(a)(3)(B) of
the Act. All lands designated as critical habitat in this revised rule
were included in the 2009 proposed revised rule (74 FR 27588) or the
document that made available the DEA (75 FR 19575). Table 2 provides
detailed information about differences between the 2005 final critical
habitat designation, the 2009 proposed revised critical habitat
designation, and this revised critical habitat designation for N.
fossalis. The changes between the 2005 final designation, the 2009
proposed revisions, and this final designation are described below.
Table 2. A comparison of the areas identified as containing the physical and biological features essential to the conservation of Navarretia fossalis in
the 2005 critical habitat designation, the 2009 proposed revised critical habitat designation, and this revised critical habitat designation.
2005 Critical Habitat Designation 2009 Proposed Revised Critical 2010 Revised Critical Habitat
Habitat Designation
Location* Area Containing Area Containing Area Containing
Subunit Essential Subunit Essential Subunit Essential
Features Features Features
Unit 1: Los Angeles BasinOrange Management Area
Cruzan Mesa 1A 294 ac 1A 129 ac 1A 156 ac
(119 ha).......... (52 ha)........... (63 ha)
Plum Canyon 1B 32 ac 1B 32 ac 1B 20 ac
(13 ha)........... (13 ha)........... (8 ha)
Unit 2: San Diego: Northern Coastal Mesa Management Area
MCB Camp Pendleton 4(a)(3) exemption 67 ac 4(a)(3) exemption 145 ac 4(a)(3) exemption 145 ac
(27 ha)........... (59 ha)........... (59 ha)
Poinsettia Lane Commuter Station 2; partially 22 ac 2 9 ac 2 9 ac
excluded under (9 ha)............ (4 ha)............ (4 ha) section 4(b)(2).
Unit 3: San Diego: Central Coastal Mesa Management Area
Santa Fe Valley Proposed as Not proposed Not proposed Unit 3, but.......
determined not
essential.
Santa Fe Valley (Crosby Estates) 3A 5 ac Excluded under 5 ac
(2 ha)............ section 4(b)(2) (2 ha)
Carroll Canyon 3B 20 ac 3B 18 ac
(8 ha)............ (7 ha)
Nobel Drive 3C 37 ac 3C 37 ac
(15 ha)........... (15 ha)
MCAS Miramar 4(a)(3) exemption 61 ac 4(a)(3) exemption 69 ac 4(a)(3) exemption 69 ac
(25 ha)........... (28 ha)........... (28 ha)
Montgomery Field Excluded under 38 ac 3D 48 ac 3D 48 ac
section 4(b)(2) (16 ha)........... (20 ha)........... (20 ha)
Unit 4: San Diego: Inland Management Area
San Marcos (Upham) 4C1 34 ac 4C1 34 ac 4C1 34 ac
(14 ha)........... (14 ha)........... (14 ha)
San Marcos (Universal Boot) 4C2 32 ac 4C2 32 ac 4C2 32 ac
(13 ha)........... (13 ha)........... (13 ha)
San Marcos (Bent Avenue) 4D 7 ac 4D 5 ac 4D 5 ac
(3 ha)............ (2 ha)............ (2 ha)
Ramona 4E 86 ac 4E 135 ac 4E 135 ac
(35 ha)........... (55 ha)........... (55 ha)
Unit 5: San Diego: Southern Coastal Mesa Management Area [[Page 62195]]
Sweetwater Vernal Pools (S13) 5A; partially 89 ac 5A 95 ac 5A 95 ac
excluded under (36 ha)........... (38 ha)........... (38 ha)
section 4(b)(2). Excluded..........
74 ac.............
(30 ha)...........
Otay River Valley (K1 and K2) Excluded under 57 ac Not proposed, Not proposed,
section 4(b)(2) (23 ha)........... determined not determined not
essential. essential.
Otay River Valley (M2) 5B and excluded 42 ac 5B 24 ac 5B 24 ac
under section (17 ha)........... (10 ha)........... (10 ha)
4(b)(2) Excluded..........
67 ac.............
(27 ha)...........
Otay Mesa (J26) 5C and excluded 14 ac Not proposed, 5C*** 42 ac
under section (6 ha)............ determined not (17 ha)
4(b)(2) essential.
Arnie's Point Proposed as Not proposed Not proposed Subunit 5D, but
determined not
essential
Proctor Valley (R12) 5F 88 ac 5F 88 ac
(36 ha)........... (36 ha)
Otay Lakes (K35) 5G 140 ac 5G 140 ac
(57 ha)........... (57 ha)
Western Otay Mesa vernal pool Excluded under 117 ac 5H 143 ac 5H 143 ac
complexes section 4(b)(2) (47 ha)........... (58ha)............ (58ha)
Eastern Otay Mesa vernal pool Excluded under 277 ac 5I 221 ac 5I 221 ac
complexes section 4(b)(2) (112 ha).......... (89 ha)........... (89 ha)
Unit 6: Riverside Management Area
San Jacinto River Excluded under 10,774 ac 6A 3,550 ac 6A*** 4,312 ac
section 4(b)(2) (4,360 ha)........ (1,437 ha)........ (1,745 ha)
Salt Creek Seasonally Flooded Excluded under 2,233 ac 6B 1,054 ac 6B 930 ac
Alkali Plain section 4(b)(2) (904 ha).......... (427 ha).......... (376 ha)
Wickerd Road and Scott Road Excluded under 275 ac 6C 205 ac 6C*** 235 ac
Pools section 4(b)(2) (111 ha).......... (83 ha)........... (95 ha)
Skunk Hollow Excluded under 306 ac 6D 158 ac Excluded under 158 ac
section 4(b)(2) (124 ha).......... (64 ha)........... section 4(b)(2) (64 ha)
Mesa de Burro Excluded under 4,396 ac 6E 708 ac Excluded under 708 ac
section 4(b)(2) (1,779 ha)........ (287 ha).......... section 4(b)(2) (287 ha)
Total Area Essential for the 19,399 ac 7,086 ac 7,804 ac
Conservation of Navarretia (7,851 ha)........ (2,868 ha)........ (3,158 ha) fossalis**
[[Page 62196]]
Total Area Exempt Under Section 128 ac 213 ac 213 ac
4(a)(3)** (52 ha)........... (86 ha)........... (86 ha)
Total Area Excluded Under 18,619 ac 0 ac 871 ac
Section 4(b)(2)** (7,535 ha)........ (0 ha)............ (353 ha)
Total Area Designated as 652 ac N/A 6,720 ac
Critical Habitat for Navarretia (264 ha).......... (2,720 ha) fossalis**
*This table does not include all locations that are occupied by Navarretia fossalis. It includes only those locations that were designated as critical
habitat in 2005 or proposed in 2009 or discussed in this critical habitat rule. **Values in this table may not sum due to rounding.
***Acreage added in 75 FR 19575 (June 10, 2009) revision.
Summary of Changes From the 2005 Final Designation of Critical Habitat
In the 2005 final rule, we did not designate areas containing essential habitat features if those habitat features were already conserved and managed for the benefit of Navarretia fossalis because we concluded that the areas did not meet the second part of the definition of critical habitat under section 3(5)(a)(i) of the Act. We have reconsidered our approach in light of subsequent court decisions and have decided that areas containing essential habitat features that ``may require'' special management considerations or protection do meet the definition of critical habitat irrespective of whether the habitat features are currently receiving special management or protection. Current protection or management does not disqualify an area from meeting the definition of critical habitat, rather it is a relevant factor to consider under section 4(b)(2) of the Act when we weigh the benefits of including a particular area in critical habitat against the benefits of excluding the area. In this rule we identified essential areas that are conserved and managed for the benefit of the species, determined they meet the definition of critical habitat, and then analyzed whether the benefits of exclusion from critical habitat designation outweigh the benefits of including these areas under section 4(b)(2) of the Act.
This rule also uses a new economic analysis to identify and estimate the potential economic effects on small business entities resulting from implementation of conservation actions associated with the proposed revision of critical habitat. The analysis focuses on the estimated incremental impacts associated with critical habitat designation.
Of the 652 ac (264 ha) of land included in the 2005 final critical habitat rule, approximately 469 ac (190 ha) are included in this revised critical habitat designation. Some areas designated in 2005 are not designated in this final rule because we used a grid of 2.47ac (1 ha) cells (100 m grid) to identify essential habitat in our GIS analysis in 2005. In this revised critical habitat, we identified essential habitat with headsup digitizing at various scales using imagery of 1meter resolution, resulting in a more precise
identification.
Additionally, we are designating as critical habitat 6,251 ac (2,530 ha) of land identified as meeting the definition of critical habitat that were not designated in 2005. The primary reason revised designated critical habitat is greater than the 2005 designated area is that we included several areas that were excluded from the 2005 critical habitat designation under section 4(b)(2) of the Act. A summary of specific changes from the 2005 critical habitat designation is provided below. In addition to revisions to specific subunits, we also revised the PCEs, the criteria used to identify critical habitat, the economic impacts to include incremental impacts, and the mapping methodology for this revised critical habitat designation. For a detailed discussion of the changes between the 2005 critical habitat rule and the 2009 proposed revision, please see the Summary of Changes From Previously Designated Critical Habitat section in the proposed revised rule (74 FR 27588; June 10, 2009).
In this revised critical habitat designation for Navarretia
fossalis, comparisons to the 2005 critical habitat designation are described below using three categories:
(1) Areas designated in 2005 and also designated in this rule,
(2) Areas designated in 2005 but not designated in this rule, and
(3) Areas not designated in 2005 that are designated in this rule.
(1) Areas designated in 2005 and also designated in this rule are
found in Subunits 1A, 1B, 2, 4C1, 4C2, 4D, 4E, 5A, 5B, and 5C. We
analyzed each of these areas and determined these areas are not
conserved and managed for the benefit of Navarretia fossalis and the benefits of inclusion outweigh the benefits of exclusion.
(2) Areas designated in 2005 but not designated in this rule
include land in Subunits 1A, 1B, 2, 4D, 5A, and 5B as described in the
2005 designation. The difference of these subunits between the previous
rule and this final rule is mostly due to our discontinued use of a 100m grid to map critical habitat,
[[Page 62197]]
which captured areas that we determined in this rule did not meet the
definition of critical habitat. Additionally, the difference in Subunit
1B was due to more precise Navarretia fossalis habitat location data in the vicinity of Plum Canyon.
(3) Areas not designated in 2005 that are designated in this rule
include areas within Subunits 1B, 3B, 3C, 3D, 4D, 4E, 5A, 5B, 5F, 5G,
5H, 5I, 6A, 6B, and 6C, and part of 5C. Some of these subunits meet the
definition of critical habitat based on new information. Subunits 1B,
4D, 4E, and 5B include new areas due to mapping refinements made to
better capture local watersheds. Subunits 3B, 3D, 5F, 5G, 5H, and 5I
include vernal pool complexes that provide habitat for Navarretia
fossalis that were not included in the 2005 final rule, but meet the
definition of critical habitat for this species (see the 2009 proposed
rule for details (74 FR 27588; June 10, 2009)). Other subunits have
been designated based on our determination under section 4(b)(2) of the
Act that the benefits of inclusion outweigh the benefits of exclusion
of these areas because they are not currently conserved and managed for
the benefit of N. fossalis. All or portions of Subunits 3D, 5A, 5B, 5H,
5I, 6A, and 6C are the same as areas that met the definition of
critical habitat in 2005, but were excluded from the 2005 designation
under section 4(b)(2) of the Act. The only areas excluded from critical
habitat in the current rule under section 4(b)(2) of the Act are those
that are conserved and managed for the benefit of N. fossalis, and
where the exclusion would not result in extinction of the species (see
the Application of Section 4(b)(2) of the Act section of this rule).
Summary of Changes From the 2009 Proposed Rule To Revise Critical Habitat
We evaluated lands considered for exclusion under section 4(b)(2)
of the Act to determine if the benefits of exclusion outweigh the
benefits of inclusion. We excluded 871 ac (353 ha) of lands under
section 4(b)(2) of the Act that are conserved and managed for the
benefit of Navarretia fossalis We excluded certain lands under two
habitat conservation plans (HCPs), summarized below and discussed in detail in the Exclusions section.
(1) In the proposed revised rule, we considered for exclusion under
section 4(b)(2) of the Act lands covered by the Carlsbad Habitat
Management Plan (Carlsbad HMP) under the San Diego Multiple Habitat
Conservation Program (MHCP). In this revised rule, we determined the
benefits of inclusion outweigh the benefits of exclusion for all of the
lands covered by the Carlsbad HMP because these lands are not both
conserved and managed for the benefit of Navarretia fossalis. However,
we recognize the efforts made by permittees of the Carlsbad HMP to
assist in the conservation of N. fossalis and other listed species. We
look forward to continuing to work with these partners to assure that
longterm conservation and management is assured for N. fossalis. See
the Exclusions section below for a summary evaluation of lands
considered for exclusion under the Carlsbad HMP and our rationale for
including these lands in this revised critical habitat designation.
(2) In the proposed revised rule, we considered lands proposed as
critical habitat within the County of San Diego Subarea Plan under the
San Diego Multiple Species Conservation Program (MSCP; County of San
Diego Subarea Plan) for exclusion under section 4(b)(2) of the Act. In
this revised rule, we determined the benefits of exclusion outweigh the
benefits of inclusion for a portion (5 ac (2 ha) in Subunit 3A) of
lands under the County of San Diego Subarea Plan that are both
conserved and managed for the benefit of Navarretia fossalis, and
determined exclusion of these lands will not result in extinction of
the species. However, we determined the benefits of inclusion outweigh
the benefits of exclusion for 81 ac (33 ha) of lands within the County
of San Diego Subarea Plan. As a result, we excluded approximately 5 ac
(2 ha) of these lands under section 4(b)(2) of the Act, and included
approximately 81 ac (33 ha) within the revised critical habitat
designation. For a complete discussion of the benefits of inclusion and
exclusion for all lands within the County of San Diego Subarea Plan,
see the Application of Section 4(b)(2) of the Act section below.
(3) In the proposed revised rule, we considered for exclusion under
section 4(b)(2) of the Act lands owned by or under the jurisdiction of
the permittees of the Western Riverside County Multiple Species Habitat
Conservation Plan (Western Riverside County MSHCP). In this revised
rule, we determined the benefits of exclusion outweigh the benefits of
inclusion for 866 ac (351 ha) of the lands owned by or under the
jurisdiction of the permittees of the Western Riverside County MSHCP
that are conserved and managed (Subunits 6D and 6E), and determined
exclusion of these lands will not result in extinction of the species.
We determined the benefits of inclusion outweigh the benefits of
exclusion for 5,477 ac (2,217 ha) of lands owned by or under the
jurisdiction of the permittees of the Western Riverside County MSHCP.
As a result, we excluded approximately 866 ac (351 ha) of these lands
under section 4(b)(2) of the Act, and included approximately 5,477 ac
(2,217 ha) within the revised critical habitat designation. For a
complete discussion of the benefits of inclusion and exclusion for all
lands within the Western Riverside County MSHCP, see the Application of Section 4(b)(2) of the Act section below.
Critical Habitat
Background
Critical habitat is defined in section 3 of the Act as:
(i) The specific areas within the geographical area occupied by the
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) which may require special management considerations or protection; and
(ii) specific areas outside the geographical area occupied by the
species at the time it is listed, upon a determination that such areas are essential for the conservation of the species.
Conservation, as defined under section 3 of the Act, means the use of all methods and procedures that are necessary to bring any endangered or threatened species to the point at which the measures provided under the Act are no longer necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, transplantation, and in the extraordinary case where population pressures within a given ecosystem cannot otherwise be relieved, regulated taking.
Critical habitat receives protection under section 7 of the Act
through the prohibition against Federal agencies carrying out, funding,
or authorizing the destruction or adverse modification of critical
habitat. Section 7(a)(2) of the Act requires consultation on Federal
actions that may affect critical habitat. The designation of critical
habitat does not affect land ownership or establish a refuge,
wilderness, reserve, preserve, or other conservation area. Such designation does not allow the
[[Page 62198]]
government or public to access private lands. Such designation does not
require implementation of restoration, recovery, or enhancement
measures by nonFederal landowners. Where a landowner seeks or requests
Federal agency funding or authorization for an action that may affect a
listed species or critical habitat, the consultation requirements of
section 7(a)(2) of the Act would apply, but in the event of a
destruction or adverse modification finding, the Federal action
agency's and the applicant's obligation is not to restore or recover
the species, but to implement reasonable and prudent alternatives to
avoid destruction or adverse modification of critical habitat.
For inclusion in a critical habitat designation, the habitat within the geographical area occupied by the species at the time it was listed must contain the physical and biological features essential to the conservation of the species, and be included if those features may require special management considerations or protection. 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 (areas on which are found the physical and biological features laid out in the appropriate quantity and spatial arrangement for the conservation of the species). Under the Act and regulations at 50 CFR 424.12, we can designate critical habitat in areas outside the geographical area occupied by the species at the time it is listed only when we determine that those areas are essential for the conservation of the species and that designation limited to the geographical area occupied at the time of listing would be inadequate to ensure the conservation of the species.
Section 4 of the Act requires that we designate critical habitat on the basis of the best scientific and commercial data available. Further, our Policy on Information Standards Under the Endangered Species Act (published in the Federal Register on July 1, 1994 (59 FR 34271)), the Information Quality Act (section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 106554; H.R. 5658)), and our associated Information Quality Guidelines provide criteria, establish procedures, and provide guidance to ensure that our decisions are based on the best scientific data available. They require our biologists, to the extent consistent with the Act and with the use of the best scientific data available, to use primary and original sources of information as the basis for recommendations to designate critical habitat.
When determining which areas should be designated as critical habitat, our primary source of information is generally the information developed during the listing process for the species. Additional information sources may include the recovery plan for the species, articles in peerreviewed journals, conservation plans developed by States and counties, scientific status surveys and studies, biological assessments, or other unpublished materials and expert opinion or personal knowledge.
Habitat is often dynamic, and species may move from one area to another over time. Climate change will be a particular challenge for biodiversity because the interaction of additional stressors associated with climate change and current stressors may push species beyond their ability to survive (Lovejoy 2005, pp. 325326). The synergistic implications of climate change and habitat fragmentation are the most threatening facet of climate change for biodiversity (Hannah et al. 2005, p.4). Current climate change predictions for terrestrial areas in the Northern Hemisphere indicate warmer air temperatures, more intense precipitation events, and increased summer continental drying (Field et al. 1999, pp. 13; Hayhoe et al. 2004, p. 12422; Cayan et al. 2005, p. 6; Intergovernmental Panel on Climate Change (IPCC) 2007, p. 1181). Climate change may also affect the duration and frequency of drought and these climatic changes may even more dramatic and intense (Graham 1997). Documentation of climaterelated changes that have already occurred in California (Croke et al. 1998, pp. 2128, 2130; Brashears et al. 2005, p. 15144), and future drought predictions for California (such as Field et al. 1999, pp. 810; Lenihen et al. 2003, p. 1667; Hayhoe et al. 2004, p. 12422; Brashears et al. 2005, p. 15144; Seager et al. 2007, p. 1181) and North America (IPCC 2007, p. 9) indicate prolonged drought and other climaterelated changes will continue in the foreseeable future.
We anticipate these changes could affect a number of native plants, including Navarretia fossalis occurrences and habitat. If the amount and timing of precipitation or the average temperature increases in southern California, the long term viability of N. fossalis may be affected in several ways, including the following: (1) Drier conditions may result in a lower germination rate and smaller population sizes; (2) a shift in the timing of annual rainfall may favor nonnative species that impact the quality of habitat for this species; or (3) drier conditions may result in increased fire frequency, making the ecosystems in which N. fossalis currently grows more vulnerable to the threats of subsequent erosion and nonnative plant invasion.
At this time, we are unable to identify the specific ways that climate change may impact Navarretia fossalis; therefore, we are unable to determine if any additional areas may be appropriate to include in this final critical habitat rule to address the effects of climate change. Additionally, we recognize that critical habitat designated at a particular point in time may not include all of the habitat areas that we may later determine are necessary for the recovery of the species. For these reasons, a critical habitat designation does not signal that habitat outside the designated area is unimportant or may not be required for recovery of the species.
Areas that are important to the conservation of the species, but are outside the critical habitat designation, will continue to be subject to conservation actions we implement under section 7(a)(1) of the Act. Areas that support populations are also subject to the regulatory protections afforded by the section 7(a)(2) jeopardy standard, as determined on the basis of the best available scientific and commercial information at the time of the agency action. Federally funded or permitted projects affecting listed species outside their designated critical habitat areas may still result in jeopardy findings in some cases. Similarly, critical habitat designations made on the basis of the best available information at the time of designation will not control the direction and substance of future recovery plans, HCPs, or other species conservation planning efforts if new information available at the time of these planning efforts calls for a different outcome.
Physical and Biological Features
In accordance with section 3(5)(A)(i) and 4(b)(1)(A) of the Act and
regulations at 50 CFR 424.12, in determining which areas within the
geographical area occupied by the species at the time of listing to
designate as critical habitat, we consider the physical and biological
features essential to the conservation of the species and which may
require special management considerations or protection. These include, but are not limited to:
(1) Space for individual and population growth and for normal behavior;
[[Page 62199]]
(2) Food, water, air, light, minerals, or other nutritional or physiological requirements;
(3) Cover or shelter;
(4) Sites for breeding, reproduction, or rearing (or development) of offspring; and
(5) Habitats that are protected from disturbance or are
representative of the historic, geographical, and ecological distributions of a species.
We consider the specific physical and biological features essential to the conservation of the species and laid out in the appropriate quantity and spatial arrangement for the conservation of the species. We derive those specific essential physical and biological features for Navarretia fossalis from the biological needs of this species as described in the Critical Habitat section of the proposed rule to designate critical habitat for N. fossalis published in the Federal Register on June 10, 2009 (74 FR 27588).
The area designated as final revised critical habitat consists of
ephemeral wetland habitat for the reproduction and growth of Navarretia
fossalis, intermixed wetland and upland habitats that comprise the
local watershed to support ephemeral wetland habitat, and the
topography and soils required for ponding during winter and spring
months. The methods of dispersal and pollination for N. fossalis are
not well understood; therefore, elements required for these processes
may not be geographically captured by this revised critical habitat
designation. Likewise, delineating larger watershed areas that support
ephemeral wetland habitat may require hydrological data and modeling
that are not available; therefore, areas beyond the local watershed are
not included in this revised critical habitat designation. The physical
and biological features essential to the conservation of N. fossalis
are derived from studies of this species' habitat, ecology, and life
history as described below, in the Background section of the proposed
revised critical habitat designation published in the Federal Register
on June 10, 2009 (74 FR 27588), the critical habitat designation
published in the Federal Register on October 18, 2005 (70 FR 60658),
and the final listing rule published in the Federal Register on October 13, 1998 (63 FR 54975).
Habitats That Are Representative of the Historical, Geographical, and Ecological Distribution of Navarretia fossalis
Navarretia fossalis is restricted to ephemeral wetlands in southern California and northwestern Baja California, Mexico (Moran 1977, pp. 155156; Oberbauer 1992, p. 7; Day 1993, p. 847; California Natural Diversity Database (CNDDB) 2008, pp. 144), and primarily associated with vernal pools and seasonally flooded alkali vernal plain habitats (Moran 1977, pp. 155156; Bramlet 1993a, p. 10; Day 1993, p. 847; Ferren and Fiedler 1993, pp. 126127). In Los Angeles County, N. fossalis is known to occur in vernal pools on Cruzan Mesa and the associated drainage of Plum Canyon (such as CNDDB 2008, Element Occurrence (EO) 31, 32, and 41). In Riverside County, N. fossalis is known to occur in large vernal pools with basins that range in size from 0.5 ac (0.2 ha) to 10.0 ac (4.0 ha) (such as CNDDB 2008, EO 42, 43, and 44), and in temporary wetlands that are described as seasonally flooded alkali vernal plain habitat along the San Jacinto River and near Salt Creek/Stowe Pool in Hemet (such as CNDDB 2008, EO 22, 23, and 24). In San Diego County, N. fossalis is found in vernal pools that are smaller than those in Riverside County, ranging in size from 0.01 ac (0.005 ha) to 0.2 ac (0.09 ha) and are often found in clusters of several vernal pools typically referred to as vernal pool complexes (such as CNDDB 2008, EO 4, 14, and 19). In Mexico, N. fossalis is known from fewer than 12 occurrences, most of which are clustered in three areas of Baja California: along the international border, on the plateaus south of the Rio Guadalupe, and on the San Quintin coastal plain (Moran 1977, p. 156).
Ephemeral Wetland Habitat
Despite variation in the types of habitat where Navarretia fossalis is found (i.e., vernal pool habitat and seasonally flooded alkali vernal plain habitat), these ephemeral wetlands all share the same temporary nature (i.e., areas fill with water during the winter and spring and dry completely during summer and fall). Navarretia fossalis depends on both the inundation and drying of its habitat for survival. This type of ephemerally wet habitat excludes upland plants that live in a dry environment year round, or wetland plants that require year round moisture to become established (KeelerWolf et al. 1998).
Navarretia fossalis primarily occurs in ephemeral wetland habitat, more specifically, vernal pool and seasonally flooded alkali vernal plain habitat (Moran 1977, pp. 156157; Bramlet 1993a, p. 10; Bramlet 1993b, p. 14; Day 1993, p. 847). Vernal pools form during the winter rains in depressions that are part of a gently sloping and undulating landscape, where soil mounds are interspersed with basins (mimamound topography; Cox 1984, pp. 13971398). Water ponds in vernal pools in part due to an underlying impervious soil layer (hard pan or clay pan). Navarretia fossalis can also occur in ditches and other artificial depressions associated with degraded vernal pool habitat (Moran 1977, p. 155).
Seasonally flooded alkali vernal plain habitat includes alkali playa, alkali scrub, alkali vernal pool, and alkali annual grassland vegetation types. The hydrologic regime for this habitat involves sporadic seasonal flooding (as described above) combined with slow drainage of the alkaline soils. Largescale inundation of flood plains occur approximately every 20 to 50 years, which is necessary for long term maintenance of the habitat by removing scrub vegetation (Roberts 2004, p. 4). During a typical seasonal flooding cycle dry period, alkali scrub vegetation expands its distribution into the seasonally flooded areas of alkali vernal plains habitat and crowds out the species associated more with ephemeral wetlands. During a largescale flood, standing and slowdraining waters remain for weeks or months and kill alkali scrub vegetation, resulting in favorable conditions for annual ephemeral wetlandassociated species (such as Navarretia fossalis) to expand their range (Bramlet 2004, p. 8; Roberts 2004, p. 4). Although uncommon, largescale flooding events maintain N. fossalis habitat and likely provide a species dispersal mechanism (Bramlet 2009, p. 3). Seasonally flooded alkali vernal plain can also persist in lightly to moderately disturbed habitat that may obscure or suppress expression of PCEs, especially when disturbance consists of soil amendments or dryland farming activities (Roberts 2009, p. 2). Subsurface Water Flow That Creates A Local Watershed of Intermixed Wetland and Upland Habitats
Vernal pools within a complex are hydrologically connected by
subsurface water, which creates a landscape that is intermixed with
wetland and upland habitats. This entire area comprises a local
watershed and provides the appropriate physical and biological features
necessary to maintain vernal pools within each complex. Seasonally
flooded alkali vernal plain habitats are also hydrologically connected
by flowing water when it flows over the surface from one vernal pool to
another or across the seasonally flooded alkali vernal plain. Due to an
impervious hard pan, water flows and collects below ground as the soil
becomes saturated. Movement of the water through vernal pool and
seasonally flooded alkali vernal plain systems results in pools [[Page 62200]]
filling and holding water continuously for a number of days (Hanes et
al. 1990, p. 51). For this reason, these ephemeral wetlands are best
described from a watershed perspective. The local watershed associated
with a vernal pool complex or seasonally flooded alkali vernal plain
includes all surfaces in the surrounding area from which water flows
into the complex or plain habitat. Some ephemeral wetlands included in
this rule (such as the San Jacinto River and the Salt Creek Seasonally
Flooded Alkali Plain) have large watersheds where the overland flow of
water contributes to the ponding that supports Navarretia fossalis,
while other ephemeral wetlands have comparatively small watersheds
(such as Carroll Canyon and Nobel Drive) and fill almost entirely from
direct rainfall (Hanes et al. 1990, p. 53; Hanes and Stromberg 1998, p.
38). It is also possible that subsurface flow occurs within a watershed
and contributes water to some vernal pools and seasonally flooded
alkali vernal plains (Hanes et al. 1990, p. 53; Hanes and Stromberg
1998, p. 48). In summary, N. fossalis depends on an entire local
watershed that includes subsurface water flow over an area that is comprised of intermixed wetland and upland habitats.
Topography and Soils That Support Ponding During Winter and Spring
Topography and soils support ponding that occurs during winter and spring months. Impervious subsurface layers combined with flat to gently sloping topography serve to inhibit rapid infiltration of rainwater, resulting in ponding of vernal pools and seasonally flooded alkali vernal plains (Bramlet 1993a, p. 1; Bauder and McMillian 1998, pp. 5759). Soils also function to moderate water chemistry and rate of water loss to evaporation (Zedler 1987, pp. 1730). In Los Angeles County, vernal pools that support Navarretia fossalis are found on CienebaPismoCaperton soils (NRCS SSURGO, ca676. In western Riverside County, seasonally flooded alkali vernal plain habitats that support N. fossalis are found on Domino, Traver, Waukena, Chino, (Bramlet 1993a, pp. 1, 10) (59 FR 64812; December 15, 1994) and Willows soils (Bramlet 2009, p. 4). In San Diego County, vernal pool habitats that support N. fossalis are found on Huerhuero, Placentia, Olivenhain, Stockpen, and Redding soils (NRCS SSURGO, ca073).
Primary Constituent Elements for Navarretia Fossalis
Under the Act and its implementing regulations, we are required to identify the physical and biological features essential to the conservation of Navarretia fossalis. The physical and biological features are the primary constituent elements (PCEs) laid out in the appropriate quantity and spatial arrangement essential to the conservation of the species. Areas designated as critical habitat for N. fossalis were occupied at the time of listing (see the Geographic Range and Status section of the proposed revised rule for a more detailed explanation), are currently occupied, are within the species' historic geographical range, and contain sufficient PCEs to support N. fossalis.
Based on our current knowledge of the life history, biology, and
ecology of Navarretia fossalis, and habitat characteristics required to
sustain the essential life history functions of the species, we determined that the PCEs specific to N. fossalis are:
(1) PCE 1Ephemeral wetland habitat. Vernal pools (up to 10 ac (4
ha)) and seasonally flooded alkali vernal plains that become inundated
by winter rains and hold water or have saturated soils for 2 weeks to 6
months during a year with average rainfall (i.e., years where average
rainfall amounts for a particular area are reached during the rainy
season (between October and May)). This period of inundation is long
enough to promote germination, flowering, and seed production for
Navarretia fossalis and other native species typical of vernal pool and
seasonally flooded alkali vernal plain habitat, but not so long that true wetland species inhabit the areas.
(2) PCE 2Intermixed wetland and upland habitats that act as the
local watershed. Areas characterized by mounds, swales, and depressions
within a matrix of upland habitat that result in intermittently flowing
surface and subsurface water in swales, drainages, and pools described in PCE 1.
(3) PCE 3Soils that support ponding during winter and spring.
Soils found in areas characterized in PCEs 1 and 2 that have a clay
component or other property that creates an impermeable surface or
subsurface layer. These soil types include, but are not limited to:
CienebaPismoCaperton soils in Los Angeles County; Domino, Traver,
Waukena, Chino, and Willows soils in Riverside County; and Huerhuero,
Placentia, Olivenhain, Stockpen, and Redding soils in San Diego County.
With this revised designation of critical habitat, we intend to conserve the physical and biological features essential to the conservation of the species, through the identification of the appropriate quantity and spatial arrangement of the PCEs sufficient to support the lifehistory functions of the species. For Navarretia fossalis, the size of the ephemeral wetland habitat can vary a great deal, but the most important factor (i.e., the appropriate quantity and spatial arrangement of the PCEs) in any of the subunits designated as critical habitat is that the vernal pool or alkali playa habitat has intact and functioning hydrology and intact adjacent upland areas that ensure a functioning ecosystem. All units and subunits designated as critical habitat contain the PCEs in the appropriate quantity and spatial arrangement essential to the conservation of this species and are currently occupied by N. fossalis.
Special Management Considerations or Protection
When designating critical habitat, we assess whether the areas within the geographical area occupied by the species at the time of listing contain the features that are essential to the conservation of the species and which may require special management considerations or protection.
Researchers estimate that greater than 90 percent of the vernal pool habitat in southern California has been converted as a result of past human activities (Bauder and McMillian 1998, pp. 5667; Keeler Wolf et al. 1998, pp. 10, 6061, 6364). A detailed discussion of threats to Navarretia fossalis and its habitat can be found in the final listing rule (63 FR 54975; October 13, 1998), the previous critical habitat designation (70 FR 60658; October 18, 2005), and the Recovery Plan for Vernal Pools of Southern California (Service 1998, pp. 1113, appendices). The features essential to the conservation of N. fossalis may require special management considerations or protection to reduce the following threats: habitat destruction and fragmentation from urban and agricultural development; pipeline construction; alteration of hydrology and floodplain dynamics; excessive flooding; channelization; water diversions; offroad vehicle (OHV) activity; trampling by cattle and sheep; weed abatement; fire suppression practices (including discing and plowing to remove weeds and create fire breaks); competition from nonnative plant species; direct and indirect impacts from some human recreational activities (63 FR 54975, October 13, 1998; Service 1998, p. 7); and manure dumping (Roberts 2009, pp. 214).
In particular, manure dumping on private property along the San
Jacinto River area is impacting habitat within the Western Riverside County MSHCP
[[Page 62201]]
area. These impacts are occurring despite identification of these areas
as important for the survival and recovery of Navarretia fossalis and
other sensitive species (such as Brodiaea filifolia) addressed in the
Western Riverside County MSHCP. Dumping of manure and sewage sludge
should be avoided in all areas containing populations of N. fossalis.
As outlined in the Western Riverside County MSHCP, we have been working
with permittees to implement additional ordinances that will help to
control activities (such as manure dumping) that may impact the
implementation of the Western Riverside County MSHCP conservation
objectives. To date, the City of Hemet is the only Western Riverside
County MSHCP permittee that has addressed the negative impacts that
manure dumping has on species such as N. fossalis and B. filifolia and
their habitat trough the enactment of Ordinance 1666 (i.e., the
ordinance that prevents manure dumping activities and educates its
citizens). We will continue to work with Riverside County and
permittees of the Western Riverside County MSHCP to address activities
that may impact the species within this plan area, as well as other
HCPs and plan areas that may have other activities that impact N. fossalis and its habitat.
Special management considerations or protection are required within critical habitat areas to address these threats. Management activities that could ameliorate these threats include (but are not limited to) fencing Navarretia fossalis occurrences to prevent soil compaction and providing signage to discourage encroachment by hikers, cattle, sheep, and OHV activity; control of nonnative plants using methods shown to be effective; guiding the design of development projects to avoid impacts to N. fossalis habitat; enacting local ordinances to prohibit manure dumping; and restoring and maintaining natural hydrology and floodplain dynamics of watersheds associated with N. fossalis occurrences where feasible. These management activities will protect the PCEs for the species by reducing soil compaction to help maintain an impermeable surface (PCE 3) that supports ephemeral wetland habitat (PCE 1), which is needed to promote germination, flowering, and seed production for N. fossalis. Additionally, management of critical habitat lands will help maintain both the wetland and upland habitat that acts as the local watershed and provides intermittent flowing water on the surface and subsurface (PCEs 2 and 3).
Criteria Used To Identify Critical Habitat
As required by section 4(b) of the Act, we used the best scientific and commercial data available to designate critical habitat. We only designate areas outside the geographical area occupied by a species when a designation limited to its present range would be inadequate to ensure the conservation of the species (50 CFR 424.12 (e)). We are not designating any areas outside the geographical area occupied by Navarretia fossalis because occupied areas are sufficient for the conservation of the species.
This revised rule updates our 2005 final designation of critical habitat for Navarretia fossalis with the best available scientific information. For some areas analyzed in 2005, we have new information from survey reports and public comments that led us to either add or remove areas from critical habitat designation.
This section provides details of the process and criteria we used
to delineate a final revised critical habitat designation for
Navarretia fossalis. This revised rule is based largely on areas that
are identified as required for the conservation of N. fossalis in the
Recovery Plan for Vernal Pools of Southern California (Service 1998,
pp.1113, appendices), the 2005 final critical habitat designation, and
new information obtained since that designation. Table 3 in this rule
depicts the areas essential for N. fossalis conservation; it does not
include all locations occupied by N. fossalis. It includes only those locations that were:
(1) Included in Appendix F or G of the Recovery Plan;
(2) designated, excluded, or exempt in the 2005 final critical habitat designation;
(3) proposed as critical habitat in the 2009 rule or proposed as
critical habitat in the Federal Register notice published on April 15, 2010 (75 FR 19575); or
(4) designated, excluded, or exempt in this final revised critical habitat designation.
The unit names used in this revised critical habitat for N. fossalis are based on those used for management areas in the 1998 Recovery Plan. The specific changes made to the 2005 final critical habitat designation are summarized in the Summary of Changes From Previously Designated Critical Habitat section of this rule.
We analyzed the biology, life history, ecology, and distribution
(historical, at the time of listing, and current) of Navarretia
fossalis. Based on this information, we are designating revised
critical habitat in areas within the geographical area occupied by N.
fossalis at the time of listing and currently occupied that contain the
PCEs in the quantity and spatial arrangement to support lifehistory
functions essential to the conservation of the species (see the
Geographic Range and Status section in the proposed revised rule (74 FR
27588; June 10, 2009) for more information). We are not designating any
areas outside the geographical area occupied by the species at the time
of listing. All units and subunits contain the PCEs in the appropriate
quantity and spatial arrangement essential to the conservation of N. fossalis.
Table 3. Areas necessary for Navarretia fossalis conservation as described in the 1998 Recovery Plan, 2005 final
critical habitat designation, 2009 proposed revised critical habitat designation, 2010 revisions proposed in the
availability of the DEA, and this 2010 final revised critical habitat designation.
Proposed Revised
Critical Habitat
Recovery Plan Final Critical Subunits (based on Final Revised
Location* Appendix Habitat Subunits 2009 proposal and Critical Habitat
(2005) 2010 availability Subunits (2010)
of the DEA)
Unit 1: Los Angeles BasinOrange Management Area
Cruzan Mesa F 1A 1A 1A
Plum Canyon N/A 1B 1B 1B
Unit 2: San Diego: Northern Coastal Mesa Management Area [[Page 62202]]
Stuart Mesa, Marine Corps Base F 4(a)(3) exemption 4(a)(3) exemption 4(a)(3) ex
FOR FURTHER INFORMATION CONTACT
Jim Bartel, Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road, Suite 101, Carlsbad, CA 92011 (telephone 760431 9440; facsimile 7604315901). If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 8008778339.