[Federal Register Volume 78, Number 73 (Tuesday, April 16, 2013)]
[Rules and Regulations]
[Pages 22625-22658]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08364]
[[Page 22625]]
Vol. 78
Tuesday,
No. 73
April 16, 2013
Part II
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Revised Designation of
Critical Habitat for Allium munzii (Munz's Onion) and Atriplex coronata
var. notatior (San Jacinto Valley Crownscale); Final Rule
Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Rules
and Regulations
[[Page 22626]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2012-0008; 4500030114]
RIN 1018-AX42
Endangered and Threatened Wildlife and Plants; Revised
Designation of Critical Habitat for Allium munzii (Munz's Onion) and
Atriplex coronata var. notatior (San Jacinto Valley Crownscale)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate
critical habitat for Allium munzii (Munz's onion) under the Endangered
Species Act. In total, approximately 98.4 acres (39.8 hectares) for A.
munzii in Riverside County, California, fall within the boundaries of
the critical habitat designation. We are not designating any critical
habitat for Atriplex coronata var. notatior (San Jacinto Valley
crownscale).
DATES: This rule becomes effective on May 16, 2013.
ADDRESSES: This final rule and the associated final economic analysis
are available on the Internet at http://www.regulations.gov. Comments
and materials received, as well as supporting documentation used in
preparing this final rule, are available for public inspection, by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley
Road, Suite 101, Carlsbad, CA 92011; telephone 760-431-9440; facsimile
760-431-5901.
The coordinates or plot points or both from which the maps are
generated are included in the administrative record for this critical
habitat designation and are available at http://www.fws.gov/carlsbad,
http://www.regulations.gov at Docket No. FWS-R8-ES-2012-0008, and at
the Carlsbad Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT). Any additional tools or supporting information that we have
developed for this critical habitat designation will also be available
at the Fish and Wildlife Service Web site and Field Office, or at
http://www.regulations.gov.
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 760-431-
9440; facsimile 760-431-5901. If you use a telecommunications device
for the deaf (TDD), call the Federal Information Relay Service (FIRS)
at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish this rule. On April 17, 2012, we published
in the Federal Register a combined proposed rule for revised critical
habitat designations for Allium munzii and Atriplex coronata var.
notatior. We are now issuing this final rule concerning the
designations of critical habitat for those two endangered plants.
The basis for our action. Under the Endangered Species Act, we are
required to designate critical habitat for any endangered or threatened
species. We must base our designation on the best available scientific
data after taking into consideration economic, national security, and
other relevant impacts. The Secretary may exclude an area from critical
habitat if the benefits of exclusion outweigh the benefits of
designation, unless the exclusion will result in the extinction of the
species.
This rule designates final critical habitat for Allium munzii only.
We are designating approximately 98.4 acres (ac) (39.8 hectares (ha))
of critical habitat for A. munzii in Elsinore Peak Unit, which is
located near Elsinore Peak in the Santa Ana Mountains of western
Riverside County, California. This rule does not designate final
critical habitat for Atriplex coronata var. notatior.
The Secretary is exercising his discretion to exclude approximately
790 ac (320 ha)) of previously proposed critical habitat for Allium
munzii and 8,020 ac (3,246 ha) of previously proposed critical habitat
for Atriplex coronata var. notatior. We have determined that the
benefits of exclusion outweigh the benefits of inclusion for lands
previously proposed as critical habitat within areas covered under the
Western Riverside County Multiple Species Habitat Conservation Plan,
the Rancho Bella Vista Habitat Conservation Plan, and the Southwestern
Riverside Multi-species Reserve Cooperative Management Agreement.
Peer reviewer and public comment. We sought comment from
independent specialists to ensure that our designations are based on
scientifically sound data and analyses. We invited these peer reviewers
to comment on our conclusions in the proposed revised rule. We also
considered all comments and information we received during the comment
periods.
Background
This is a final rule concerning the designations of critical
habitat for Allium munzii and Atriplex coronata var. notatior. It is
our intent to discuss in this final rule only those topics directly
relevant to the development and designation of critical habitat for
Allium munzii and Atriplex coronata var. notatior under the Endangered
Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). For
more information on the biology and ecology of A. munzii and A. c. var.
notatior, refer to the final listing rule published in the Federal
Register on October 13, 1998 (63 FR 54975). For information on A.
munzii and A. c. var. notatior critical habitat, refer to the proposed
rule to designate revised critical habitat for A. munzii and A. c. var.
notatior published in the Federal Register on April 17, 2012 (77 FR
23008). Information on the associated draft economic analysis (DEA) for
the proposed rule to designate revised critical habitat was published
in the Federal Register on September 11, 2012 (77 FR 55788).
The document is structured to address the taxa separately under
each of the sectional headings that follow, where appropriate.
Previous Federal Actions--Allium munzii
The final listing rule for Allium munzii provides a description of
previous Federal actions through October 13, 1998 (63 FR 54975). At the
time of listing, we concluded that designation of critical habitat for
A. munzii was not prudent because such designation would not benefit
the species. On June 4, 2004, we published a proposed rule to designate
227 ac (92 ha) of critical habitat for A. munzii on Federal land
(Cleveland National Forest) in western Riverside County, California (69
FR 31569). On June 7, 2005, we published a final rule designating 176
ac (71 ha) of the proposed land as critical habitat for A. munzii (70
FR 33015).
On March 22, 2006, we announced the initiation of the 5-year review
for Allium munzii and the opening of a 60-day public comment period to
receive information (71 FR 14538). The A. munzii 5-year review was
signed on June 17, 2009, and found that no change was warranted to the
endangered status of A. munzii.
On October 2, 2008, a complaint was filed against the Department of
the Interior (DOI) and the Service by the Center for Biological
Diversity (CBD v. Kempthorne, No. 08-CV-01348 (S.D.
[[Page 22627]]
Cal.)) challenging our final critical habitat designation for Allium
munzii. In an order dated March 24, 2009, the U.S. District Court for
the Central District of California, Eastern Division, adopted a
stipulated settlement agreement that was entered into by all parties.
The agreement stipulated that the Service would reconsider critical
habitat designations for both A. munzii and Atriplex coronata var.
notatior, and submit to the Federal Register proposed revised critical
habitat determinations for both plants by October 7, 2011. An extension
for the completion of the proposed and final determinations was granted
on September 14, 2011, with the proposed revised rule then due to the
Federal Register on or before April 6, 2012, and the final revised rule
on or before April 6, 2013. The combined proposed revised rule was
published on April 17, 2012 (77 FR 23008).
On September 11, 2012, the document making available the DEA and
reopening the public comment period for the combined proposed revised
critical habitat designations for Allium munzii and Atriplex coronata
var. notatior was published in the Federal Register (77 FR 55788). This
final rule complies with the March 24, 2009, and September 14, 2011,
court orders.
Previous Federal Actions--Atriplex coronata var. notatior
The final listing rule for Atriplex coronata var. notatior provides
a description of previous Federal actions through October 13, 1998 (63
FR 54975), including proposed critical habitat in 1994 (59 FR 64812;
December 15, 1994). At the time of the final listing rule in 1998, the
Service withdrew the proposed critical habitat designation based on the
taxon's continued decline and determined that designation of critical
habitat was not prudent, indicating that no benefit over that provided
by listing would result from such designation (63 FR 54991; October 13,
1998).
On October 6, 2004, we published a proposed rule to designate
critical habitat for Atriplex coronata var. notatior and identified
15,232 ac (6,167 ha) of habitat that met the definition of critical
habitat (69 FR 59844). However, we concluded in the 2004 proposed rule
under section 4(b)(2) of the Act that the benefits of excluding lands
covered by the Western Riverside County Multiple Species Habitat
Conservation Plan (Western Riverside County MSHCP) outweighed the
benefits of including them as critical habitat. On October 13, 2005, we
published a final critical habitat determination for A. c. var.
notatior (70 FR 59952); there was no change from the proposed rule. We
concluded that all 15,232 ac (6,137 ha) of habitat meeting the
definition of critical habitat were located either within our estimate
of the areas to be conserved and managed by the approved Western
Riverside County MSHCP on existing Public/Quasi-Public (PQP) lands
(preexisting natural and open space areas), or within areas where the
plan would ensure that future projects would not adversely alter
essential hydrological processes, and therefore all areas were excluded
from critical habitat under section 4(b)(2) of the Act.
On October 2, 2008, a complaint was filed against the DOI and the
Service by the Center for Biological Diversity (CBD v. Kempthorne, No.
08-CV-01348 (S.D. Cal.)) challenging our final critical habitat
determinations for Allium munzii and Atriplex coronata var. notatior
(see Previous Federal Actions--Allium munzii section above for a
detailed account of this lawsuit and settlement agreement). As noted
above, an extension for the completion of the new proposed and final
determinations was granted. The combined proposed rule for the two
plants was published on April 17, 2012 (77 FR 23008).
On May 25, 2011, we announced the initiation of the 5-year review
for Atriplex coronata var. notatior and the opening of a 60-day public
comment period to receive information (76 FR 30377). The 5-year review
was signed on August 17, 2012, and found that no change was warranted
to the endangered status of A. c. var. notatior (Service 2012b).
On September 11, 2012, the document making available the DEA and
reopening the public comment period for the combined proposed revised
critical habitat designations for Allium munzii and Atriplex coronata
var. notatior was published in the Federal Register (77 FR 55788). This
final rule complies with the March 24, 2009, and September 14, 2011,
court orders.
Summary of Changes from Proposed Rule
(1) In our document that made available the DEA and reopened the
comment period on the April 17, 2012, proposed rule (September 11,
2012; 77 FR 55788), we revised our proposed designation of critical
habitat for Allium munzii to clarify primary constituent elements
(PCEs) (2)(i)(B) and (2)(ii) regarding elevations necessary for
conservation of A. munzii. We stated in the proposed rule that A.
munzii is found in Riverside County, California, generally between the
elevations of 1,200 to 2,700 feet (ft) (366 to 823 meters (m)) above
mean sea level. Allium munzii has been observed in Riverside County
(Elsinore Peak Unit, identified in the proposed rule as Unit 3--
Elsinore Peak) at an elevation ranging from 3,200 to 3,500 ft (975 to
1,067 m). The PCE (2)(i)(B) (numbered as ``1(b)'' in the Primary
Constituent Elements section below) is now defined as ``Generally
between the elevations of 1,200 to 3,500 ft (366 to 1,067 m) above mean
sea level,'' and PCE (2)(ii) (numbered as ``2'' in the Primary
Constituent Elements section below) is now defined as ``Outcrops of
igneous rocks (pyroxenite) on rocky-sandy loam or clay soils within
Riversidean sage scrub, generally between the elevations of 1,200 to
3,500 ft (366 to 1,067 m) above mean sea level.'' This correction did
not change this unit's critical habitat boundaries for A. munzii.
(2) We reevaluated land management within proposed Subunit 1A for
Allium munzii. A portion of this subunit (2.3 ac (0.9 ha)) is located
within a Core Reserve established under the Stephens' Kangaroo Rat
(SKR) Habitat Conservation Plan (HCP) and is not within lands covered
by the Lake Mathews Multispecies Habitat Conservation Plan, as was
described in the proposed revised rule. Allium munzii is not a covered
species under the SKR HCP in this Core Reserve. However, this portion
of proposed Subunit 1A is found within the Lake Mathews-Estelle
Mountain Reserve, which is considered PQP (Public-Quasi Public) lands
in the Western Riverside County MSHCP (collectively, this reserve is
part of the Western Riverside County MSHCP Existing Core ``C''). The
management actions and conservation objectives for A. munzii
established within the permitted Western Riverside County MSHCP provide
for the conservation and management of A. munzii in the Lake Mathews-
Estelle Mountain Reserve (see Land and Resource Management Plans,
Conservation Plans, or Agreements Based on Conservation Partnerships
section below for additional details). The remainder of proposed
Subunit 1A (0.5 ac (0.2 ha)) is located within the Western Riverside
County MSHCP boundary and is subject to conservation measures
established for A. munzii, including narrow endemic plant species
survey requirements and the project review process (Dudek and
Associates 2003, pp. 6-28-6-29) (see Land and Resource Management
Plans, Conservation Plans, or Agreements Based on Conservation
Partnerships section below). Thus, the entirety of proposed Subunit 1A
is subject to the
[[Page 22628]]
conservation measures established for A. munzii under the Western
Riverside County MSHCP.
(3) We reevaluated the jurisdiction of HCPs for proposed Allium
munzii Subunit 4B--Skunk Hollow, which we described in the proposed
rule as 74.8 ac (30.3 ha). Approximately 67.1 ac (27.2 ha) of this
proposed subunit lies within the boundaries of the Rancho Bella Vista
HCP. The remaining 7.7 ac (3.1 ha) are found on lands covered by the
Western Riverside MSHCP, with 7.3 ac (2.95 ha) designated as PQP lands
and 0.4 ac (0.16 ha) as Additional Reserve Lands (see Land and Resource
Management Plans, Conservation Plans, or Agreements Based on
Conservation Partnerships section below for more details). The
boundaries and total acreage for proposed Subunit 4B--Skunk Hollow have
not changed from the proposed rule, but we revised the appropriate
table to reflect the two different conservation plans for this proposed
subunit.
Critical Habitat
Background
Critical habitat is defined in section 3 of the Act as:
(1) 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
(a) Essential to the conservation of the species and
(b) Which may require special management considerations or
protection; and
(2) 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 to use
and the use of all methods and procedures that are necessary to bring
an endangered or threatened species to the point at which the measures
provided pursuant to the Act are no longer necessary. Such methods and
procedures include, but are not limited to, all activities associated
with scientific resources management such as research, census, law
enforcement, habitat acquisition and maintenance, propagation, live
trapping, and transplantation, and, in the extraordinary case where
population pressures within a given ecosystem cannot be otherwise
relieved, may include regulated taking.
Critical habitat receives protection under section 7 of the Act
through the requirement that Federal agencies ensure, in consultation
with the Service, that any action they authorize, fund, or carry out is
not likely to result in the destruction or adverse modification of
critical habitat (collectively referred to as ``adverse
modification''). 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 government
or public to access private lands. Such designation does not require
implementation of restoration, recovery, or enhancement measures by
non-Federal landowners. Where a landowner 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 even in the event of an adverse
modification finding, the obligation of the Federal action agency and
the landowner is not to restore or recover the species, but to
implement reasonable and prudent alternatives to avoid adverse
modification of critical habitat.
Under section 3(5)(A)(i) of the Act's definition of critical
habitat, areas within the geographical area occupied by the species at
the time it was listed are included in a critical habitat designation
if they contain physical or biological features (1) which are essential
to the conservation of the species and (2) which may require special
management considerations or protection. For these areas, critical
habitat designations identify, to the extent known using the best
scientific and commercial data available, those physical or biological
features that are essential to the conservation of the species (such as
space, food, cover, and protected habitat). In identifying those
physical or biological features within an area, we focus on the
principal biological or physical constituent elements (primary
constituent elements such as roost sites, nesting grounds, seasonal
wetlands, water quality, tide, soil type) that provide for a species'
life-history processes.
Under section 3(5)(A)(ii) of the Act's definition of critical
habitat, we can designate critical habitat in 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. For example, an area currently occupied by the species
but that was not within the geographical area occupied at the time of
listing may be essential for the conservation of the species and may be
included in the critical habitat designation. We designate critical
habitat in areas outside the geographical area occupied by a species
only when a designation limited to its range 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.
106-554; 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 we are 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 peer-reviewed journals, conservation plans
developed by States and counties, scientific status surveys and
studies, biological assessments, other unpublished materials, or
experts' opinions or personal knowledge.
Habitat is dynamic, and species may move from one area to another
over time. 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 needed
for recovery of the species. Areas that are important to the
conservation of the species, both inside and outside the critical
habitat designation, will continue to be subject to: (1) Conservation
actions implemented under section 7(a)(1) of the Act, (2) regulatory
protections afforded by the requirement in section 7(a)(2) of the Act
for Federal agencies to insure their actions are not likely to
jeopardize the continued existence of any endangered or threatened
species, and (3) the prohibitions of section 9 of the Act if actions
occurring in these areas may
[[Page 22629]]
affect the species. Federally funded or permitted projects affecting
listed species outside their designated critical habitat areas may
still result in jeopardy findings in some cases. These protections and
conservation tools will continue to contribute to recovery of this
species. 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 (HCPs), or other species conservation planning
efforts if new information available at the time of these planning
efforts calls for a different outcome.
Physical or Biological Features
In accordance with section 3(5)(A)(i) and 4(b)(2) 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 or 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;
(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 historical, geographical, and ecological
distributions of a species.
Allium munzii
We derive the specific physical or biological features essential to
the conservation of Allium munzii from studies of this species'
habitat, ecology, and life history as described in the Critical Habitat
section of the proposed rule to revise critical habitat published in
the Federal Register on April 17, 2012 (77 FR 23008), and in the
information presented below. Additional information can be found in the
final listing rule published in the Federal Register on October 13,
1998 (63 FR 54975).
We have determined that Allium munzii requires the following
physical or biological features: (1) Native perennial and annual
grassland communities, open coastal sage or Riversidean sage scrub, and
occasionally cismontane juniper woodlands found on clay soils at
locally wetter sites on level or slightly south- and north-facing
sloping (10-20 degrees) areas at elevations from 1,200 to 3,500 ft (366
to 1,067 m); (2) microhabitats within areas of suitable clay soils or
areas of smaller discrete pockets of clay within other soil types that
receive or retain more moisture than surrounding areas (due to factors
such as exposure, slope, and subsurface geology); (3) sites for
reproduction that contain clay or rocky loam soils; and (4) habitats
found within native and, in some areas, nonnative plant communities
that occur across the Riverside-Perris area (Perris Basin
physiogeographic region) and within a portion of the southern Santa Ana
Mountains (Elsinore Peak).
Atriplex coronata var. notatior
We derive the specific physical or biological features essential to
the conservation of Atriplex coronata var. notatior from studies of
this taxon's habitat, ecology, and life history as described in the
Critical Habitat section of the proposed rule to revise critical
habitat published in the Federal Register on April 17, 2012 (77 FR
23008), and in the information presented below. Additional information
can be found in the final listing rule published in the Federal
Register on October 13, 1998 (63 FR 54975).
We have determined that Atriplex coronata var. notatior requires
the following physical or biological features: (1) Alkali vernal pools
and floodplains that receive seasonal inundation, (2) a hydrologic
regime that includes seasonal and large-scale flooding in combination
with slow drainage in alkaline soils with low nutrient loads, and (3)
natural floodplain processes that provide conditions that stimulate the
germination of A. c. var. notatior.
Primary Constituent Elements (PCEs)
Under the Act and its implementing regulations, we are required to
identify the physical or biological features essential to the
conservation of Allium munzii and Atriplex coronata var. notatior in
areas within the geographical area occupied at the time of listing,
focusing on the features' primary constituent elements (PCEs). We
consider PCEs to be the elements of physical or biological features
that provide for a species' life-history process and, under the
appropriate circumstances as described in the Criteria Used to Identify
Critical Habitat section, below, are essential to the conservation of
the species.
Allium munzii
Based on our current knowledge of the physical or biological
features and habitat characteristics required to sustain the species'
life-history processes, we determine that the PCEs specific to Allium
munzii are:
(1) Clay soil series of sedimentary origin (for example, Altamont,
Auld, Bosanko, Porterville), clay lenses (pockets of clay soils) of
those series that may be found as unmapped inclusions in other soil
series, or soil series of sedimentary or igneous origin with a clay
subsoil (for example, Cajalco, Las Posas, Vallecitos):
(a) Found on level or slightly sloping landscapes or terrace
escarpments;
(b) Generally between the elevations of 1,200 to 3,500 ft (366 to
1,067 m) above mean sea level;
(c) Within intact natural surface and subsurface structures that
have been minimally altered or unaltered by ground-disturbing
activities (for example, disked, graded, excavated, or recontoured);
(d) Within microhabitats that receive or retain more moisture than
surrounding areas, due in part to factors such as exposure, slope, and
subsurface geology; and
(e) Part of open native or nonnative grassland plant communities
and clay soil flora, including southern needlegrass grassland, mixed
grassland, and open coastal sage scrub, or occasionally in cismontane
juniper woodlands; or
(2) Outcrops of igneous rocks (pyroxenite) on rocky-sandy loam or
clay soils within Riversidean sage scrub, generally between the
elevations of 1,200 to 3,500 ft (366 to 1,067 m) above mean sea level.
Atriplex coronata var. notatior
Based on our current knowledge of the physical or biological
features and habitat characteristics required to sustain the taxon's
life-history processes, we determine that the PCEs specific to Atriplex
coronata var. notatior are:
(1) Wetland habitat, including floodplains and vernal pools:
(a) Associated with native vegetation communities, including alkali
playa, alkali scrub, and alkali grasslands; and
(b) Characterized by seasonal inundation or localized flooding,
including infrequent large-scale flood events with low nutrient loads;
and
(2) Slow-draining alkali soils including the Willows, Domino,
Traver, Waukena, and Chino soil series with:
(a) Low permeability;
(b) Low nutrient availability; and
[[Page 22630]]
(c) Seasonal ponding and evaporation.
Special Management Considerations or Protection
When designating critical habitat, we assess whether the specific
areas within the geographical area occupied by the species at the time
of listing contain physical or biological features that are essential
to the conservation of the species and that may require special
management considerations or protection.
Allium munzii
A detailed discussion of threats to Allium munzii and its habitat
can be found in the final listing rule (63 FR 54975; October 13, 1998),
the previous proposed and final critical habitat designations (69 FR
31569, June 4, 2004; 70 FR 33015, June 7, 2005), the A. munzii 5-year
review signed on June 17, 2009 (Service 2009), and the proposed revised
rule for designation of critical habitat (77 FR 23008; April 17, 2012).
Actions and development that alter habitat suitable for the species or
affect the natural hydrologic processes upon which the species depends
could threaten the species.
The physical or biological features essential to the conservation
of Allium munzii all face ongoing threats that may require special
management considerations or protection. Threats that may require
special management considerations or protection of the physical or
biological features include:
(1) Loss or degradation of native plant communities, such as
grassland, open coastal sage scrub, and cismontane juniper woodlands,
due to urban development, agricultural activities, and clay mining
(PCEs 1 and 2);
(2) Disturbance of clay or other occupied soils by activities such
as off-road vehicles (ORV) and fire management (PCEs 1 and 2);
(3) Invasion of nonnative plant species (PCEs 1 and 2); and
(4) Long-term threats including climatic variations such as
extended periods of drought (PCE 1) (63 FR 54982-54986, October 13,
1998; 69 FR 31571, June 4, 2004; 70 FR 33023, June 7, 2005; Service
2009, pp. 10-22).
Special management considerations or protection may be needed to
ensure the long-term existence of clay soil integrity within habitats
that support the physical or biological features essential to the
conservation of Allium munzii. These include:
(1) Protection of habitat from urban development or destruction to
maintain integrity of clay soils,
(2) Reduction of land conversion to agricultural uses and reduction
of disking or dryland farming to maintain native habitats,
(3) Management and control of invasive nonnative plants to provide
open areas for growth and reproduction, and
(4) Land acquisition or conservation easements for occurrences not
already conserved to protect those populations within occupied
habitats.
Atriplex coronata var. notatior
A detailed discussion of threats to Atriplex coronata var. notatior
and its habitat can be found in the final listing rule (63 FR 54975;
October 13, 1998), the previous proposed and final critical habitat
designations (69 FR 59844, October 6, 2004; 70 FR 59952, October 13,
2005), the proposed revised rule for designation of critical habitat
(77 FR 23008; April 17, 2012), and the A. c. var. notatior 5-year
review signed on August 17, 2012 (Service 2012b). Actions and
development that alter habitat suitable for A. c. var. notatior or
affect the natural hydrological processes upon which it depends could
threaten the taxon. The physical or biological features essential to
the conservation of A. c. var. notatior may require special management
considerations or protection to reduce or eliminate the following
threats:
(1) Loss of alkali vernal plain habitat (including alkali playa,
alkali scrub, alkali vernal pool, alkali annual grassland) and
fragmentation as a result of activities such as urban development,
manure dumping, animal grazing, agricultural activities, ORV activity,
weed abatement, and channelization (PCEs 1 and 2);
(2) Indirect loss of habitat from the alteration of hydrology and
floodplain dynamics (diversions, channelization, excessive flooding)
(PCEs 1 and 2);
(3) Competition from nonnative plants (PCE 1); and
(4) Long-term threats, including water pollution, climatic
variations, and changes in soil chemistry and nutrient availability
(PCE 1) (63 FR 54983, October 13, 1998; 69 FR 59847, October 6, 2004;
70 FR 59966, October 13, 2005; Service 2012b, pp. 15-30).
Special management considerations or protection may be needed to
ensure the long-term existence of alluvial soil integrity within
habitats that support the physical or biological features essential to
the conservation of Atriplex coronata var. notatior. These include:
(1) Protection of habitat, including underlying soils and
chemistry, from development or destruction;
(2) Protection of floodplain processes to maintain natural,
seasonal flooding regimes;
(3) Reduction of land conversion to agricultural uses and reduction
of disking and dryland farming to maintain native habitats;
(4) Land acquisition or conservation easements for occurrences not
already conserved to protect those populations within occupied
habitats; and
(5) Implementation of manure and sludge dumping ordinances to
maintain soil chemistry.
Criteria Used To Identify Critical Habitat
As required by section 4(b)(2) of the Act, we used the best
scientific and commercial data available to designate critical habitat.
We reviewed available information pertaining to the habitat
requirements of these taxa. In accordance with the Act and its
implementing regulation at 50 CFR 424.12(e), we considered whether
designating additional areas--outside those currently occupied as well
as those occupied at the time of listing--are necessary to ensure the
conservation of the taxa. We are not designating any areas outside the
geographical area occupied by Allium munzii and Atriplex coronata var.
notatior because we consider those areas to be of sufficient quality,
extent, and distribution to provide for the conservation of these taxa.
We believe that the present quality habitat has, by survey, the
demonstrated capacity to support self-sustaining occurrences of these
taxa and that these areas containing the physical or biological
features essential to the conservation of the species are dispersed in
its range in a manner that provides for the survival and recovery of
these taxa. We have designated as critical habitat some specific areas
within the geographical range currently occupied by A. munzii, but that
were not known to be occupied at the time of listing. However, based on
the best available scientific information, the life history of the
plant (see Background section of proposed revised rule; 77 FR 23008,
April 17, 2012), and the limited survey efforts prior to listing, we
determined that these specific areas are within the geographical area
occupied by the species at the time of listing.
We reviewed the final critical habitat designations for Allium
munzii and Atriplex coronata var. notatior (70 FR 33015, June 7, 2005;
70 FR 59952, October 13, 2005, respectively), information from State,
Federal, and local government agencies, and from academia and private
organizations that have collected scientific data on the taxa. We also
used the information provided in the 5-year reviews for A. munzii and
A. c. var. notatior (Service
[[Page 22631]]
2009; Service 2012b). Other information we used for the final rule
includes: California Natural Diversity Database (CNDDB) (CNDDB 2011a;
CNDDB 2011b); reports submitted during consultations under section 7 of
the Act; analyses for individual and regional HCPs where A. munzii and
A. c. var. notatior are covered species; data collected from reports
submitted by researchers holding recovery permits under section
10(a)(1)(A) of the Act; information received from local species
experts; published and unpublished papers, reports, academic theses, or
surveys; Geographic Information System (GIS) data (such as species
population and location data, soil data, land use, topography, aerial
imagery, and ownership maps); and peer review comments and other
correspondence with the Service from recognized experts. We analyzed
this information to determine the specific areas within the
geographical area occupied by the taxa at the time of listing that
contain the physical or biological features essential to the
conservation of A. munzii and A. c. var. notatior.
Allium munzii
Allium munzii occurs in relatively small population sizes, has a
narrow geographic range (western Riverside County), and exhibits high
habitat specificity, all of which make it vulnerable to land use
changes. According to the Western Riverside County MSHCP, A. munzii is
considered a narrow endemic plant species, a plant species that is
highly restricted by its habitat affinities, edaphic requirements, or
other ecological factors (Dudek and Associates 2003, pp. Def/Acr-ix and
6-28). Based on examination of soil maps for western Riverside County,
Boyd (1988, p. 2) concluded that much of the scattered clay soil areas
in the Riverside-Perris area were heavily disturbed and estimated up to
an 80 to 90 percent loss of potential A. munzii habitat in 1988.
We conducted a spatial analysis using a GIS-based approach to
determine the percent of mapped clay soils (Altamont, Auld, Bosanko,
Porterville) that were converted or lost to agricultural or urban land
uses in the Riverside-Perris area (based on 2007 land use GIS data).
This is a conservative approach given that smaller pockets of clay
soils are not shown on coarse-scale soil maps and may have been lost
since the completion of the Riverside County soil map in 1971. We
estimated that approximately 32 percent of these clay soils remain
within suitable Allium munzii habitats (or a 67 percent loss) due to
urban and agricultural development on plant communities associated with
A. munzii, which includes both known and unknown locations of A. munzii
populations. Based on the narrow endemism of this species, its reliance
on clay soil types that are limited in geographic range in western
Riverside County, and our estimated loss of 67 percent of these soils
to urban or agricultural development, we believe that all of the
proposed units and subunits represent the entire current range for this
species.
The specific areas proposed as critical habitat include some areas
within the present range of the species that had not yet been
identified as occupied at the time of listing. We have determined that
these areas are within the geographical area occupied by A. munzii at
the time of listing based on the species life history and habitat
requirements (see Background section in the proposed revised rule; 77
FR 23008, April 17, 2012) and the following: (1) Locations of plants
reported or detected since listing in 1998 are in close proximity (less
than 1 mi (1.5 km)) to previously known locations, and (2) of the 10
new Element Occurrences (EOs) found within the California Natural
Diversity Database (CNDDB) (herbarium records and survey reports
maintained by the California Department of Fish and Wildlife) reported
since early 1980s surveys by Boyd (1988), 6 are within previous known
occupied geographic regions of the greater Perris Basin (Temescal
Canyon-Gavilan Hills/Plateau, Murrieta-Hot Springs areas) and the other
4 locations were found after surveys in the early 1990s within the
Elsinore Peak (Santa Ana Mountains) and Domenigoni Hills regions.
Additionally, we believe this currently occupied habitat was occupied
at the time of listing given the species' naturally discontinuous
distribution and occupation of microhabitats; the difficulty of
accurately surveying for individual plants given the dormant
(underground) phase of its life cycle prior to detection; and its
restriction to small areas of clay soils in western Riverside County
within the proposed units and subunits.
For defining critical habitat units, we looked at elevation (1,200
to 3,500 ft (366 to 1,067 m) above mean sea level (AMSL)), soil types
(primarily clay soils), spatial distribution of 17 CNDDB-defined EOs
from CNDDB (CNDDB 2011a), 1 location identified by Ellstrand not
included in the CNDDB database (Ellstrand 1993, 1994) (proposed EO 24,
as mentioned in the Spatial Distribution, Historical Range, and
Population Size section for Allium munzii in the proposed revised rule;
77 FR 23008, April 17, 2012), rare plant monitoring survey results from
Western Riverside County Regional Conservation Authority (RCA) (Western
Riverside County RCA 2006, 2007, 2008, 2009, 2010, and 2011), and other
surveys.
To identify several unit and subunit boundaries for the proposed
revised critical habitat, we consulted a species expert with
considerable field experience in surveying for Allium munzii. Given the
difficulty in observing individual plants due to the timing of
inflorescence, stage of growth, and large areal extent (as discussed in
the Background section of the proposed revised rule; 77 FR 23008, April
17, 2012), Boyd (2011a, pers. comm.) recommended expanding the area
surrounding an observation of a location of plants (either a group or
just a few individuals) to capture additional individual plants that
might not have been observed. Based on extensive field experience
(approximately 30 years) with A. munzii, Boyd (2011a, pers. comm.)
recommended including a 100-m (328-ft) roughly circular area (or 50-m
(164-ft) radius) to define the unit or subunit boundaries. Because A.
munzii is strongly associated with clay soils (which are often found as
pockets of small scattered (but discrete) clay lenses that are
typically too small to be identified on coarse-soil soil maps (see the
Habitat and Soil Preferences section for A. munzii in the proposed
revised rule; 77 FR 23008, April 17, 2012)), we used Boyd's
recommendation of expanding the boundaries of observed plant locations
to capture unobserved individuals in defining critical habitat units
and subunits. Specifically, we used the Soil Conservation Service (now
Natural Resources Conservation Service) soil mapping unit (2.47 ac or 1
ha) to refine Boyd's recommended radius of 164 to 183 ft (50 to 56 m).
The 183-ft (56-m) radial distance translates into a 2.43-ac (0.98-ha)
area, which is approximately equal to the soil mapping unit of 2.47 ac
(1 ha). This methodology accounts for both potentially unobserved
plants associated with CNDDB-defined EOs in areas of clay or rocky-
sandy loam soils as well as encompassing the unmapped pockets of clay
soil. In conjunction with the reported EOs, survey reports, and aerial
photographs, this approach represents the best available information
regarding areas currently occupied by A. munzii that contain the
physical or biological features essential to the conservation of the
species and therefore accurately defines the unit and subunit polygons.
The following sources were used to define microhabitats (i.e.,
depressional areas that retain moisture) for Allium munzii, which
included using
[[Page 22632]]
underlying geology, slope, and aspect of hillsides within open areas of
native and nonnative plant communities:
(1) For evaluating microtopography, including slope, aspect, and
elevation, we used: (a) Digital elevation model (DEM) data from U.S.
Geological Survey's (USGS) EROS Data Center, and (b) USGS 1:24,000
digital raster graphics (USGS topographic maps).
(2) For evaluating vegetative communities, spatial arrangement of
these communities, and presence of disturbance or development, we used:
(a) U.S. Department of Agriculture (USDA) National Agriculture Imagery
Program (NAIP) aerial photography for 2010, and (b) ArcGIS online I3
Imagery Prime World 2D, validating conclusions made from examining
these two satellite imagery data layers using high resolution Google
Earth imagery.
(3) For subsurface geology, we used the USGS (2004) GIS layer of
the Preliminary Digital Geologic Map of the Santa Ana, 1:100,000
quadrangle.
We acknowledge that the extent of the geographic areas surveyed and
the survey methodologies may differ within and among the recorded plant
locations from year to year (see discussion regarding the detectability
of this species in the Background section of the proposed revised rule;
77 FR 23008, April 17, 2012). Based on the above GIS analysis, the 5
units, three of which we divided into 13 subunits, that we proposed as
critical habitat for Allium munzii were the following: (1) Gavilan
Hills (6 subunits), (2) Temescal Valley (4 subunits), (3) Elsinore
Peak, (4) South Perris and Bachelor Mountain (3 subunits), and (5)
North Domenigoni Hills (detailed descriptions for these proposed units
and subunits can be found in the proposed revised rule; 77 FR 23008,
April 17, 2012). All of the proposed units and subunits are within the
present geographical range of the species and are currently occupied.
Atriplex coronata var. notatior
Atriplex coronata var. notatior is endemic to the San Jacinto,
Perris, Menifee, and Elsinore Valleys of western lowland Riverside
County, and is restricted to highly alkaline, silty-clay soils (59 FR
64813; December 15, 1994). At the time of listing, 12 populations of A.
c. var. notatior were known (corresponding to the CNDDB EOs at the
time), 11 of which were associated with two general locations (the San
Jacinto and Old Salt Creek floodplains). We grouped the 12 CNDDB EOs
and results from other surveys into four general locations and
developed boundaries and proposed three critical habitat units based on
the geographic locations of observed plants.
All of the proposed units are within the geographical area occupied
by Atriplex coronata var. notatior at the time of listing. These units
contain the physical or biological features that are essential to the
conservation of this taxon and may require special management
considerations or protection.
Atriplex coronata var. notatior was described in our 1998 listing
rule within three geographical areas in western Riverside County (63 FR
54975; October 13, 1998). All three proposed units are within the
geographical area occupied by the taxon at the time of listing. This
range includes records of 15 EOs now recorded in the CNDDB database
(CNDDB 2011b) and other survey data. To define critical habitat units,
we examined the following information:
(1) Slow-draining alkali soils (Willows, Domino, Traver, Waukena,
and Chino soil series) with low permeability.
(2) Seasonal and large-scale flood events (or ponded water) and
subsequent scouring to create bare soils, as illustrated in historical
aerial photographs.
(3) Spatial distribution of the EOs recorded in the CNDDB database
(CNDDB 2011b).
(4) Plant monitoring survey results from Western Riverside County
RCA (2007, 2008, 2009, 2010, and 2011) and other surveys.
We recognize that the geographic extent surveyed and survey
methodologies may differ within and among the locations of individual
or groups of plants from year to year (see discussion regarding the
detectability of this species in Background section in the proposed
revised rule; 77 FR 23008, April 17, 2012). Based on the above analysis
we defined the following three proposed units for Atriplex coronata
var. notatior: (1) Floodplain of the San Jacinto River from the San
Jacinto Wildlife Area (including Mystic Lake) to Railroad Canyon
Reservoir, (2) Upper Salt Creek, and (3) Alberhill Creek (detailed
descriptions for these proposed units can be found in the proposed
revised rule; 77 FR 23008, April 17, 2012). All units are within the
present geographical range of the taxon and are currently occupied.
Other Factors Involved With Delineating Critical Habitat
When determining critical habitat boundaries within this final
rule, we made every effort to avoid including developed areas such as
lands covered by buildings, pavement, and other structures, including
related infrastructure, because such lands lack physical or biological
features for Allium munzii and Atriplex coronata var. notatior. The
scale of the maps we prepared under the parameters for publication
within the Code of Federal Regulations may not reflect the exclusion of
such developed lands. Any such lands inadvertently left inside critical
habitat boundaries shown on the maps of this final rule have been
excluded by text in the rule and are not designated as critical
habitat. Therefore, a Federal action involving these lands will not
trigger section 7 consultation with respect to critical habitat and the
requirement of no adverse modification unless the specific action would
affect the physical or biological features in the adjacent critical
habitat.
The critical habitat designation is defined by the map or maps, as
modified by any accompanying regulatory text, presented at the end of
this document in the Regulation Promulgation section. We include more
detailed information on the boundaries of the critical habitat
designation in the preamble of this rule. We will make the coordinates
or plot points or both on which each map is based available to the
public on http://www.regulations.gov at Docket No. FWS-R8-ES-2012-0008,
on our Internet sites http://www.fws.gov/carlsbad/, and at the field
office responsible for the designation (see FOR FURTHER INFORMATION
CONTACT, above).
Because the Secretary is exercising his discretion to exclude all
areas proposed as critical habitat for Atriplex coronata var. notatior,
we are not designating critical habitat for that taxon. We are
designating as critical habitat for Allium munzii lands that we have
determined are within the geographical area occupied at the time of
listing, are currently occupied, and contain the physical or biological
features essential to the conservation of A. munzii that support the
species' life-history processes and may require special management
considerations or protection.
The unit described below contains all of the identified elements of
the physical or biological features and supports the life processes for
Allium munzii.
Final Critical Habitat Designation
Allium munzii
We are designating one unit as critical habitat for Allium munzii.
This one unit is the Elsinore Peak Unit (identified as ``Unit 3--
Elsinore Peak'' in the proposed rule). The approximate area of
[[Page 22633]]
this critical habitat unit is shown in Table 1. As discussed below in
the Exclusions Based on Other Relevant Impacts section, we have
determined that, for the lands proposed as revised critical habitat in
Unit 1--Gavilan Hills, Unit 2--Temescal Valley, Unit 4--South Perris
and Bachelor Mountain, and Unit 5--North Domenigoni Hills and their
subunits, the benefits of exclusion outweigh the benefits of inclusion
within areas covered under the Western Riverside County MSHCP, the
Rancho Bella Vista HCP, or the Southwestern Riverside Multi-species
Reserve Cooperative Management Agreement.
Table 1--Designated Critical Habitat Units for Allium munzii
[Area estimates reflect all land within critical habitat unit boundaries.]
----------------------------------------------------------------------------------------------------------------
Land ownership in acres (hectares)
Critical habitat unit -------------------------------------------------------- Size of unit in acres
Federal State (hectares)
----------------------------------------------------------------------------------------------------------------
Elsinore Peak Unit.......... 63.1 ac (25.5 ha)......... 35.3 ac (14.3 ha)......... 98.4 ac (39.8 ha)
-----------------------------------------------------------------------------------
Total................... 98.4 ac (39.8 ha) 98.4 ac (39.8 ha)
----------------------------------------------------------------------------------------------------------------
We present a brief description of this unit and the reasons why it
meets the definition of critical habitat for Allium munzii below.
Elsinore Peak Unit
Elsinore Peak Unit consists of 98.4 ac (39.8 ha). About two-thirds
(63.1 ac (25.5 ha)) of the Elsinore Peak unit is contained within the
Cleveland National Forest, and one-third is a 35.3-ac (14.3-ha)
inholding under State of California (State Lands Commission) ownership
within the Western Riverside County MSHCP Conservation Area. The
Elsinore Peak Unit represents the most southwestern extent of the range
of Allium munzii and is the highest recorded elevation (3,300 to 3,500
ft (1,006 to 1,067 m)) for this species (Boyd and Mistretta 1991, p.
3). Many of the locations of A. munzii found on the Cleveland National
Forest portion of this unit have been described as the least disturbed
of known locations (Boyd and Mistretta 1991, p. 3), and are also
unusual in that they are found on cobble deposits with thinner Bosanko
clay soils (PCE 2) (Boyd and Mistretta 1991, p. 3). In 1991, Boyd and
Mistretta (1991, p. 2) reported three stands of A. munzii at Elsinore
Peak, each with more than 1,000 individual plants, the largest
estimated at 5,000 plants. Nine localities were observed in a 2008
survey, with populations ranging from 5 to 100 plants (K. Drennen 2011,
pers. comm.). A 2010 survey at Elsinore Peak was conducted by Boyd
(2011b, pers. comm.) with approximately 23 general point localities
recorded on lands owned and managed by both the U.S. Forest Service and
the State Lands Commission. The Elsinore Peak Unit is within the
geographical area occupied at the time of listing. The subsurface and
surface elements that define this subunit, including clay soils,
sloping hillsides, and microhabitats, provide the physical or
biological features essential to the conservation of A. munzii.
The U.S. Forest Service and the State Lands Commission are not
permittees under the Western Riverside County MSHCP. As only
discretionary actions under the control of a permittee are covered
activities under the Western Riverside County MSHCP, land use
activities implemented by these two entities are not considered covered
activities under the plan. In addition, the lands owned and managed by
the State Lands Commission within this critical habitat unit are not
included as part of the conceptual reserve design of the Western
Riverside County MSHCP, nor are these considered PQP lands.
As outlined in the Special Management Considerations or Protection
section above, several threats have been identified for Allium munzii.
For A. munzii populations within Elsinore Peak Unit, threats identified
at the time of listing included road grading, ORV activity, and
nonnative annual grasses (63 FR 54987; October 13, 1998). Recreational
activity and invasive species were identified as the two main threats
to A. munzii on U.S. Forest Service land in the 2005 Final
Environmental Impact Statement prepared for the Cleveland National
Forest Land Management Plan (U.S. Forest Service (USFS) 2005, p. 160).
A species management guide for A. munzii, completed in 1992, identified
a number of management actions to help alleviate these threats,
including construction of fencing and barriers to protect populations
from ORV activity (Winter 1992, p. 10). Fencing, including a gate, was
installed to protect plant populations, and boulders were placed along
the roadway leading to Elsinore Peak to restrict ORV activity and other
traffic (hikers and mountain bikers) in sensitive areas. This has
reduced, but not eliminated, the impacts from ORV and other
recreational activities to the population of A. munzii plants located
on U.S. Forest Service land within this critical habitat unit (M.
Thomas 2011, pers. comm.). In addition to the above activities,
wildfire protection, including the use of fire retardant, may also
impact the physical or biological features essential to the
conservation of A. munzii. Therefore, the essential physical or
biological features on the Forest Service lands within this unit may
require special management considerations or protection. For the
portion of the unit located on lands managed by the State Lands
Commission, the essential physical or biological features may require
special management considerations or protection to address threats to
A. munzii resulting from ORV activity or invasive, nonnative annual
grasses (CNDDB 2011a, p. 14). We are unaware of any current
conservation actions being implemented for the benefit of A. munzii
populations found on lands owned and managed by the State Lands
Commission within this critical habitat unit.
Atriplex coronata var. notatior
We are not designating any critical habitat for Atriplex coronata
var. notatior. All areas proposed as revised critical habitat in Unit
1--San Jacinto River, Unit 2--Upper Salt Creek, and Unit 3--Alberhill
Creek (8,020 ac (3,246 ha)) are being excluded from designation. As
discussed below in the Exclusions Based on Other Relevant Impacts
section, we have determined that, for these lands, the benefits of
exclusion outweigh the benefits of inclusion within areas covered under
the Western Riverside County MSHCP.
Effects of Critical Habitat Designation
Section 7 Consultation
Section 7(a)(2) of the Act requires Federal agencies, including the
Service, to ensure that any action they fund,
[[Page 22634]]
authorize, or carry out is not likely to jeopardize the continued
existence of any endangered species or threatened species or result in
the adverse modification of designated critical habitat of such
species. In addition, section 7(a)(4) of the Act requires Federal
agencies to confer with the Service on any agency action which is
likely to jeopardize the continued existence of any species proposed to
be listed under the Act or result in the adverse modification of
proposed critical habitat.
Decisions by the 5th and 9th Circuit Courts of Appeals have
invalidated our regulatory definition of ``destruction or adverse
modification'' (50 CFR 402.02) (see Gifford Pinchot Task Force v. U.S.
Fish and Wildlife Service, 378 F. 3d 1059 (9th Cir. 2004) and Sierra
Club v. U.S. Fish and Wildlife Service et al., 245 F.3d 434, 442 (5th
Cir. 2001)), and we do not rely on this regulatory definition when
analyzing whether an action is likely to adversely modify critical
habitat. Under the statutory provisions of the Act, we determine
adverse modification on the basis of whether, with implementation of
the proposed Federal action, the affected critical habitat would
continue to serve its intended conservation role for the species.
If a Federal action may affect a listed species or its critical
habitat, the responsible Federal agency (action agency) must enter into
consultation with us. Examples of actions that are subject to the
section 7 consultation process are actions on State, tribal, local, or
private lands that require a Federal permit (such as a permit from the
U.S. Army Corps of Engineers under section 404 of the Clean Water Act
(33 U.S.C. 1251 et seq.) or a permit from the Service under section 10
of the Act) or that involve some other Federal action (such as funding
from the Federal Highway Administration, Federal Aviation
Administration, or the Federal Emergency Management Agency). Federal
actions not affecting listed species or critical habitat, and actions
on State, tribal, local, or private lands that are not federally funded
or authorized, do not require section 7 consultation.
As a result of section 7 consultation, we document compliance with
the requirements of section 7(a)(2) through our issuance of:
(1) A concurrence letter for Federal actions that may affect, but
are not likely to adversely affect, listed species or critical habitat;
or
(2) A biological opinion for Federal actions that may affect, or
are likely to adversely affect, listed species or critical habitat.
When we issue a biological opinion concluding that a project is
likely to jeopardize the continued existence of a listed species and/or
adversely modify critical habitat, we provide reasonable and prudent
alternatives to the project, if any are identifiable, that would avoid
the likelihood of jeopardy and/or adverse modification of critical
habitat. We define ``reasonable and prudent alternatives'' (at 50 CFR
402.02) as alternative actions identified during consultation that:
(1) Can be implemented in a manner consistent with the intended
purpose of the action,
(2) Can be implemented consistent with the scope of the Federal
agency's legal authority and jurisdiction,
(3) Are economically and technologically feasible, and
(4) Would, in the Director's opinion, avoid the likelihood of
jeopardizing the continued existence of the listed species and/or avoid
the likelihood of adversely modifying critical habitat.
Reasonable and prudent alternatives can vary from slight project
modifications to extensive redesign or relocation of the project. Costs
associated with implementing a reasonable and prudent alternative are
similarly variable.
Regulations at 50 CFR 402.16 require Federal agencies to reinitiate
consultation on previously reviewed actions in instances where we have
listed a new species or subsequently designated critical habitat that
may be affected and the Federal agency has retained discretionary
involvement or control over the action (or the agency's discretionary
involvement or control is authorized by law). Consequently, Federal
agencies sometimes may need to request reinitiation of consultation
with us on actions for which formal consultation has been completed, if
those actions with discretionary involvement or control may affect
subsequently listed species or designated critical habitat.
Application of the ``Adverse Modification'' Standard
The key factor related to the adverse modification determination is
whether, with implementation of the proposed Federal action, the
affected critical habitat would continue to serve its intended
conservation role for the species. Activities that may adversely modify
critical habitat include those that alter the physical or biological
features to an extent that appreciably reduces the conservation value
of critical habitat for Allium munzii. As discussed above, the role of
critical habitat is to support life-history needs of the species and
provide for the conservation of the species.
Section 4(b)(8) of the Act requires us to briefly evaluate and
describe, in any proposed or final regulation that designates critical
habitat, activities involving a Federal action that may adversely
modify such habitat, or that may be affected by such designation.
Activities that may affect critical habitat, when carried out,
funded, or authorized by a Federal agency, should result in
consultation for Allium munzii. These activities include, but are not
limited to:
(1) Actions that would disturb or alter clay soils. Such activities
could include, but are not limited to, recreational or other ORV use;
fire management, including clearing of vegetation for fuel management;
and fire retardant use on U.S. Forest Service lands. These actions
could degrade or reduce habitat necessary for the growth and
reproduction of Allium munzii.
(2) Actions that would result in the loss of clay soils. Such
activities could include, but are not limited to, development,
including structures and related infrastructure (such as roads), that
require a permit under section 404 of the Clean Water Act (CWA; 33
U.S.C. 1251 et seq.). These actions could reduce or eliminate habitat
necessary for the growth and reproduction of Allium munzii.
(3) Actions that would significantly alter water movement within
microhabitats of clay or rocky-sandy loam soils. Such activities could
include, but are not limited to, federally funded road construction
that results in channelization or impoundment of water. These actions
may lead to changes in water flows that could degrade or eliminate
habitat necessary for the growth and reproduction of Allium munzii.
Exemptions
Application of Section 4(a)(3) of the Act
The Sikes Act Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a)
required each military installation that includes land and water
suitable for the conservation and management of natural resources to
complete an integrated natural resources management plan (INRMP) by
November 17, 2001. An INRMP integrates implementation of the military
mission of the installation with stewardship of the natural resources
found on the base. Each INRMP includes:
[[Page 22635]]
(1) An assessment of the ecological needs on the installation,
including the need to provide for the conservation of listed species;
(2) A statement of goals and priorities;
(3) A detailed description of management actions to be implemented
to provide for these ecological needs; and
(4) A monitoring and adaptive management plan.
Among other things, each INRMP must, to the extent appropriate and
applicable, provide for fish and wildlife management; fish and wildlife
habitat enhancement or modification; wetland protection, enhancement,
and restoration where necessary to support fish and wildlife; and
enforcement of applicable natural resource laws.
The National Defense Authorization Act for Fiscal Year 2004 (Pub.
L. 108-136) amended the Act to limit areas eligible for designation as
critical habitat. Specifically, section 4(a)(3)(B)(i) of the Act (16
U.S.C. 1533(a)(3)(B)(i)) now provides: ``The Secretary shall not
designate as critical habitat any lands or other geographical areas
owned or controlled by the Department of Defense, or designated for its
use, that are subject to an integrated natural resources management
plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a), if
the Secretary determines in writing that such plan provides a benefit
to the species for which critical habitat is proposed for
designation.''
There are no Department of Defense lands with a completed INRMP
within the proposed revised critical habitat designations. Therefore,
we are not exempting lands from this final designation of critical
habitat for Allium munzii and Atriplex coronata var. notatior pursuant
to section 4(a)(3)(B)(i) of the Act.
Exclusions
Application of Section 4(b)(2) of the Act
Section 4(b)(2) of the Act states that the Secretary shall
designate and make revisions to critical habitat on the basis of the
best available scientific data after taking into consideration the
economic impact, national security impact, and any other relevant
impact of specifying any particular area as critical habitat. The
Secretary may exclude an area from critical habitat if he determines
that the benefits of such exclusion outweigh the benefits of specifying
such area as part of the critical habitat, unless he determines, based
on the best scientific data available, that the failure to designate
such area as critical habitat will result in the extinction of the
species. In making that determination, the statute on its face, as well
as the legislative history, are clear that the Secretary has broad
discretion regarding which factor(s) to use and how much weight to give
to any factor.
In considering whether to exclude a particular area from the
designation, we identify the benefits of including the area in the
designation, identify the benefits of excluding the area from the
designation, and evaluate whether the benefits of exclusion outweigh
the benefits of inclusion. If the analysis indicates that the benefits
of exclusion outweigh the benefits of inclusion, the Secretary may
exercise his discretion to exclude the area only if such exclusion
would not result in the extinction of the species.
When identifying the benefits of inclusion for an area, we consider
the additional regulatory benefits that area would receive from the
protection from adverse modification as a result of actions with a
Federal nexus, the educational benefits of mapping essential habitat
for recovery of the listed species, and any benefits that may result
from a designation due to State or Federal laws that may apply to
critical habitat.
When identifying the benefits of exclusion, we consider, among
other things, whether exclusion of a specific area is likely to result
in conservation; the continuation, strengthening, or encouragement of
partnerships; or implementation of a management plan that provides
equal to or more conservation than a critical habitat designation would
provide.
In the case of Allium munzii and Atriplex coronata var. notatior,
the benefits of critical habitat include public awareness of the two
taxa's presence and the importance of habitat protection, and in cases
where a Federal nexus exists, increased habitat protection for A.
munzii and A. c. var. notatior due to the protection from adverse
modification of critical habitat. In practice, a Federal nexus exists
only on Federal land or for projects undertaken, funded, or requiring
authorization by a Federal agency. For these two taxa, the most likely
Federal nexus would be the issuance of a section 404 permit under the
CWA.
When we evaluate the existence of a conservation plan when
considering the benefits of exclusion, we consider a variety of
factors, including but not limited to, whether the plan is finalized,
how the plan provides for the conservation of the essential physical or
biological features, whether there is a reasonable expectation that the
conservation management strategies and actions contained in a
management plan will be implemented into the future, whether the
conservation strategies in the plan are likely to be effective, and
whether the plan contains a monitoring program or adaptive management
to ensure that the conservation measures are effective and can be
adapted in the future in response to new information.
After identifying the benefits of inclusion and the benefits of
exclusion, we carefully weigh the two sides to evaluate whether the
benefits of exclusion outweigh those of inclusion. If our analysis
indicates that the benefits of exclusion outweigh the benefits of
inclusion, we then determine whether exclusion would result in
extinction. If exclusion of an area from critical habitat will result
in extinction, the Secretary will not exclude it from the designation.
Allium munzii
Based on the information provided by entities seeking exclusion, as
well as any additional public comments we received, we evaluated
whether certain lands in the proposed critical habitat units (Unit 1--
Gavilan Hills, Unit 2--Temescal Valley, Unit 3--Elsinore Peak, Unit 4--
South Perris and Bachelor Mountain, and Unit 5--North Domenigoni Hills)
and their subunits were appropriate for exclusion from this final
designation pursuant to section 4(b)(2) of the Act. The Secretary is
exercising his discretion to exclude the following areas from critical
habitat designation for Allium munzii: Unit 1--Gavilan Hills, Unit 2--
Temescal Valley, Unit 4--South Perris and Bachelor Mountain, and Unit
5-- North Domenigoni Hills. Table 2 below provides approximate areas
(ac, ha) of lands that meet the definition of critical habitat and
those that are being excluded under section 4(b)(2) of the Act from the
final critical habitat rule.
[[Page 22636]]
TABLE 2--Areas Meeting the Definition of Critical Habitat, and Areas Excluded From Allium munzii Critical
Habitat Designation by Unit and Subunit
----------------------------------------------------------------------------------------------------------------
Areas meeting the
definition of Areas excluded
Unit and subunit Applicable partnership or critical habitat, from critical
conservation plan in acres habitat, in acres
(hectares) (hectares)
----------------------------------------------------------------------------------------------------------------
Unit 1. Gavilan Hills...................... ............................. 114.7 ac 114.7 ac
(46.4 ha) (46.4 ha)
1A. Estelle Mountain....................... Western Riverside County 2.8 ac 2.8 ac
MSHCP. (1.1 ha) (1.1 ha)
1B. Dawson Canyon.......................... Western Riverside County 4.8 ac 4.8 ac
MSHCP. (1.9 ha) (1.9 ha)
1C. Gavilan Plateau........................ Western Riverside County 42.2 ac 42.2 ac
MSHCP. (17.1 ha) (17.1 ha)
1D. Ida-Leona.............................. Western Riverside County 4.5 ac 4.5 ac
MSHCP. (1.8 ha) (1.8 ha)
1E. Northeast Alberhill.................... Western Riverside County 58 ac 58 ac
MSHCP. (23.5 ha) (23.5 ha)
1F. North Peak............................. Western Riverside County 2.4 ac 2.4 ac
MSHCP. (1.0 ha) (1.0 ha)
Unit 2. Temescal Valley.................... ............................. 481 ac 481 ac
(195 ha) (195 ha)
2A. Sycamore Creek......................... Western Riverside County 12.3 ac 12.3 ac
MSHCP. (5.0 ha) (5.0 ha)
2B. De Palma Road.......................... Western Riverside County 12.8 ac 12.8 ac
MSHCP. (5.2 ha) (5.2 ha)
2C. Alberhill Mountain..................... Western Riverside County 300.5 ac 300.5 ac
MSHCP. (121.5 ha) (121.5 ha)
2D. Alberhill Creek........................ Western Riverside County 155.4 ac 155.4 ac
MSHCP. (62.8 ha) (62.8 ha)
Unit 3. Elsinore Peak...................... ............................. 98.4 ac
(39.8 ha)
Unit 4. South Perris and Bachelor Mountain. ............................. 186.8 ac 186.8 ac
(75.6 ha) (75.6 ha)
4A. Scott Road............................. Western Riverside County 32.6 ac 32.6 ac
MSHCP. (13.3 ha) (13.3 ha)
4B. Skunk Hollow........................... Rancho Bella Vista HCP;...... 67.1 ac 67.1 ac
(27.2 ha) (27.2 ha)
Western Riverside County 7.7 acres 7.7 ac
MSHCP. (3.1 ha) (3.1 ha)
4C. Bachelor Mountain...................... Southwestern Riverside County 79.3 ac 79.3 ac
Multi-species Reserve. (32.1 ha) (32.1 ha)
Unit 5. North Domenigoni Hills............. Southwestern Riverside County 8.2 ac 8.2 ac
Multi-species Reserve. (3.3 ha) (3.3 ha)
-------------------------------------
Total.................................. 889 ac 790 ac
(360 ha) (320 ha)
----------------------------------------------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.
Atriplex coronata var. notatior
Based on the information provided by entities seeking exclusion, as
well as any additional public comments we received, we evaluated
whether certain lands in the proposed critical habitat units, Unit 1--
San Jacinto River, Unit 2--Upper Salt Creek, and Unit 3--Alberhill
Creek, were appropriate for exclusion from this final designation
pursuant to section 4(b)(2) of the Act. The Secretary is exercising his
discretion to exclude the following areas from critical habitat
designation for Atriplex coronata var. notatior: Unit 1--San Jacinto
River, Unit 2--Upper Salt Creek, and Unit 3--Alberhill Creek. Table 3
below provides approximate areas (ac, ha) of lands that meet the
definition of critical habitat but are being excluded under section
4(b)(2) of the Act from the final critical habitat rule.
Table 3--Areas Meeting the Definition of Critical Habitat and Excluded From Atriplex coronata var. notatior
Critical Habitat Designation by Unit
----------------------------------------------------------------------------------------------------------------
Areas meeting the
definition of Areas excluded
Unit Applicable partnership or critical habitat, from critical
conservation plan in acres habitat, in acres
(hectares) (hectares)
----------------------------------------------------------------------------------------------------------------
Unit 1. San Jacinto River.................. Western Riverside County 7,039 ac 7,039 ac
MSHCP. (2,849 ha) (2,849 ha)
Unit 2. Upper Salt Creek................... Western Riverside County 874 ac 874 ac
MSHCP. (354 ha) (354 ha)
[[Page 22637]]
Unit 3. Alberhill Creek.................... Western Riverside County 107 ac 107 ac
MSHCP. (43 ha) (43 ha)
-------------------------------------
Total.................................. ............................. 8,020 ac 8,020 ac
(3,246 ha) (3,246 ha)
----------------------------------------------------------------------------------------------------------------
Exclusions Based on Economic Impacts
Under section 4(b)(2) of the Act, we consider the economic impacts
of specifying any particular area as critical habitat. In order to
consider economic impacts, we prepared a DEA of the proposed critical
habitat designation (Industrial Economics, Incorporated [IEC] 2012a).
The draft analysis, dated August 3, 2012, was made available for public
review from September 11, 2012, through October 11, 2012 (77 FR 55788;
September 11, 2012). Following the close of the comment period, a final
analysis (dated December 12, 2012) of the potential economic effects of
the designation was developed taking into consideration the public
comments and any new information (IEC 2012b).
The intent of the final economic analysis (FEA) is to evaluate the
potential economic impacts associated with the designation of critical
habitat for Allium munzii and Atriplex coronata var. notatior. The
economic impact of the final critical habitat designation is analyzed
by comparing scenarios both ``with critical habitat'' and ``without
critical habitat.'' The ``without critical habitat'' scenario
represents the baseline for the analysis, considering protections
already in place for the taxa (for example, under the Federal listing
and other Federal, State, and local regulations). The baseline,
therefore, represents the costs incurred regardless of whether critical
habitat is designated. The ``with critical habitat'' scenario describes
the incremental impacts associated specifically with the designation of
critical habitat for the taxa. The incremental conservation efforts and
associated impacts are those not expected to occur absent the
designation of critical habitat for the taxa. In other words, the
incremental costs are those attributable solely to the designation of
critical habitat above and beyond the baseline costs; these are the
costs we consider in the final designation of critical habitat. The
analysis looks retrospectively at baseline impacts incurred since these
taxa were listed, and forecasts both baseline and incremental impacts
likely to occur with the designation of critical habitat.
The FEA also addresses how potential economic impacts are likely to
be distributed, including an assessment of any local or regional
impacts of habitat conservation and the potential effects of
conservation activities on government agencies, private businesses, and
individuals. The FEA measures lost economic efficiency associated with
residential and commercial development and public projects and
activities, such as economic impacts on water management and
transportation projects, Federal lands, small entities, and the energy
industry. Decision-makers can use this information to assess whether
the effects of the designation might unduly burden a particular group
or economic sector. Finally, the FEA looks retrospectively at costs
that have been incurred since 1998 (63 FR 54975; October 13, 1998), and
considers those costs that may occur in the 20 years following the
designation of critical habitat, which was determined to be the
appropriate period for analysis because this time frame includes
activities that are currently authorized, permitted, or funded, or for
which proposed plans are currently available to the public. The FEA
quantifies and evaluates the incremental economic impacts of Allium
munzii and Atriplex coronata var. notatior conservation efforts
associated with the following categories of activity: (1) Development,
(2) agricultural operations, (3) transportation, (4) fire management,
(5) mining, (6) recreational activities, (7) flood control, and (8)
utilities.
Total present value impacts anticipated to result from the
designation of all areas proposed as critical habitat for Allium munzii
are $75,000 over the first 20 years following the designation, assuming
a 7 percent discount rate ($81,000 assuming a 3 percent discount rate).
The total present value impacts anticipated to result from the
designation of the Elsinore Peak Unit (Unit 3 in the proposed rule) are
estimated to be $25,000 assuming a 7 percent discount rate ($28,000
assuming a 3 percent discount rate). For the areas being excluded from
critical habitat for A. munzii, present value impacts are $51,000
assuming a 7 percent discount rate ($53,000 assuming a 3 percent
discount rate) (IEC 2012b, ES-9).
Total present value incremental impacts in those areas being
excluded from critical habitat for Atriplex coronata var. notatior are
estimated to be $74,000, assuming a 7 percent discount rate ($97,000
assuming a 3 percent discount rate (IEC 2012b, p. ES-9). For both
plants, all incremental costs are administrative in nature and result
from the consideration of adverse modification in section 7
consultations and re-initiation of consultations for existing
management plans (IEC 2012b, p. 4-2).
No areas are being excluded based on economic impacts. A copy of
the FEA with supporting documents may be obtained by contacting the
Carlsbad Fish and Wildlife Office (see ADDRESSES) or by downloading
from the Internet at http://www.fws.gov/carlsbad or http://www.regulations.gov.
Exclusions Based on National Security Impacts
Under section 4(b)(2) of the Act, we consider whether there are
lands owned or managed by the Department of Defense (DOD) where a
national security impact might exist. In preparing this final rule, we
have determined that the lands within the designation of critical
habitat for Allium munzii and Atriplex coronata var. notatior are not
owned or managed by the Department of Defense, and, therefore, we
anticipate no impact on national security. Consequently, the Secretary
is not exercising his discretion to exclude any areas from this final
designation based on impacts on national security.
Exclusions Based on Other Relevant Impacts
Under section 4(b)(2) of the Act, we consider any other relevant
impacts, in addition to economic impacts and
[[Page 22638]]
impacts on national security. We consider a number of factors including
whether the landowners have developed any HCPs or other management
plans for the area, or whether there are conservation partnerships that
would be encouraged by designation of, or exclusion from, critical
habitat. In addition, we look at any tribal issues, and consider the
government-to-government relationship of the United States with tribal
entities. We also consider any social impacts that might occur because
of the designation.
Land and Resource Management Plans, Conservation Plans, or Agreements
Based on Conservation Partnerships
As described below, we have evaluated the management and protection
provided by the Western Riverside County MSHCP, the Rancho Bella Vista
HCP, and the Southwestern Riverside County Multi-species Reserve
Cooperative Management Agreement. These plans:
(1) Are complete and provide the same or better level of protection
from adverse modification of Allium munzii and Atriplex coronata var.
notatior habitat than that provided through a consultation under
section 7 of the Act;
(2) Support a reasonable expectation that the conservation
management strategies and actions will be implemented for the
foreseeable future, based on past practices, written guidance, or
regulations; and
(3) Provide conservation strategies and measures consistent with
currently accepted principles of conservation biology.
The Secretary is exercising his discretion to exclude all
permittee-owned or controlled lands proposed as critical habitat for
the two taxa that fall within the boundaries of the Western Riverside
County MSHCP and the Rancho Bella Vista HCP, and all non-Federal lands
proposed as critical habitat for Allium munzii that are in the
Southwestern Riverside County Multi-species Reserve and covered by the
Cooperative Management Agreement (see the Rancho Bella Vista Habitat
Conservation Plan and Southwestern Riverside County Multi-species
Reserve Cooperative Management Agreement sections below).
Western Riverside County Multiple Species Habitat Conservation Plan
The Western Riverside County MSHCP is a regional, multi-
jurisdictional HCP encompassing approximately 1.26 million ac (510,000
ha) of land in western Riverside County. The Western Riverside County
MSHCP is a multispecies conservation program designed to minimize and
mitigate the expected loss of habitat and associated incidental take of
covered species resulting from covered development activities in the
plan area. The Western Riverside County MSHCP addresses 146 listed and
unlisted ``covered species,'' including Allium munzii and Atriplex
coronata var. notatior, which are further considered as ``Covered
Species Adequately Conserved''; that is, those where the species
objectives are met and are provided take authorization through the
Natural Community Conservation Planning (NCCP) Permit (Dudek and
Associates 2003, Section 9.2 and Table 9-3). On June 22, 2004, the
Service issued a single incidental take permit under section
10(a)(1)(B) of the Act to 22 permittees under the Western Riverside
County MSHCP to be in effect for a period of 75 years (Service 2004).
In accordance with the procedure described in the Western Riverside
County MSHCP Implementing Agreement (IA), the permit has been amended
to add two newly incorporated cities (Jurupa Valley and Eastvale)
within the Western Riverside County MSCHP boundary, for a current total
of 24 permittees.
The Western Riverside County MSHCP, when fully implemented, will
establish approximately 153,000 ac (61,917 ha) of new conservation
lands (Additional Reserve Lands (ARL)) to complement the approximate
347,000 ac (140,426 ha) of preexisting natural and open space areas
(PQP lands) in the plan area. These PQP lands include those under the
ownership of public agencies, primarily the U.S. Forest Service and the
Bureau of Land Management (BLM), as well as permittee-owned or
controlled open-space areas managed by the State of California and
Riverside County. Collectively, the ARL and PQP lands form the overall
Western Riverside County MSHCP Conservation Area. The configuration of
the 153,000 ac (61,916 ha) of the ARL is not mapped or precisely
delineated (hard-lined) in the Western Riverside County MSHCP. Instead,
the configuration and composition of the ARL are described in text
within the bounds of the approximately 310,000-ac (125,453-ha) Criteria
Area. The ARL lands are being acquired and conserved as part of the
ongoing implementation of the Western Riverside County MSHCP.
Section 5.2 of the Western Riverside County MSHCP defines
management activities to be implemented by reserve managers and a
reserve management oversight committee (with priorities identified by
those entities) to carry out species objectives and provide for
biological values identified in section 3.2 of the plan (Dudek and
Associates 2003, p. 5-3). Management actions are defined at two levels
within the Western Riverside County MSHCP--habitat- or landscape-based
management activities and species-specific management activities (Dudek
and Associates 2003, p. 5-3). Species-specific management activities
defined for Allium munzii state that reserve managers are to manage
known and future occurrences of this species to reduce threats related
to competition with nonnative plant species, clay mining, off-road
vehicle use, and discing activities (Dudek and Associates 2003, p. 5-
31). For Atriplex coronata var. notatior, the Western Riverside County
MSHCP management actions include: (1) General Management Measure 4
(maintenance and management of wetland habitat (Dudek and Associates
2003, p. 5-5)) and (2) a requirement for reserve managers to ensure
that habitat supports [conservation] functions within the Western
Riverside County MSHCP Conservation Area by maintaining and enhancing
the floodplain processes of the San Jacinto River, Mystic Lake, and
upper Salt Creek, including intermittent flooding and periodic pooling,
with particular emphasis to preventing alteration of hydrology and
floodplain dynamics, farming, fire and fire suppression activities,
off-road vehicle use, and competition from nonnative plant species
(Dudek and Associates 2003, p. 5-32).
Species-specific conservation objectives are defined for Allium
munzii and Atriplex coronata var. notatior in the Western Riverside
County MSHCP. Conservation objectives for A. munzii include:
(1) Conserve at least 21,260 ac (8,603 ha) of suitable habitat to
include at least 2,070 ac (838 ha) of clay soils;
(2) Conserve at least 13 localities (populations within Elemental
Occurrences (EOs) as defined in the California Natural Diversity Data
Base (CNDDB)) within the Temescal Valley and the southwestern portion
of the plan area; and
(3) Conduct Narrow Endemic Plan Species surveys as discussed below
(Dudek and Associates 2003, pp. 9-126-9-127).
Conservation objectives identified in the Western Riverside County
MSHCP for Atriplex coronata var. notatior include:
(1) Conserve at least 6,900 ac (2,792 ha) of suitable habitat
including grasslands, playas, and vernal pools;
(2) Conserve the Alberhill Creek locality and three core areas
located
[[Page 22639]]
along the San Jacinto River and in the upper Salt Creek drainage;
(3) Conduct surveys as discussed below;
(4) Conserve the floodplain along the San Jacinto River consistent
with objective 1, including maintaining floodplain processes; and
(5) Conserve the floodplain along Salt Creek, generally in its
existing condition, including maintaining floodplain processes (Dudek
and Associates 2003, pp. 9-137-9-138).
Allium munzii
In our analysis of the effects to Allium munzii of the issuance of
the Western Riverside County MSHCP permit, we acknowledged that
specific conservation objectives would be provided in the Western
Riverside County MSHCP to ensure that suitable habitat and known
populations of A. munzii would persist (Service 2004, p. 326). To this
effect, for narrow endemic species such as A. munzii, the Western
Riverside County MSHCP states:
``The MSHCP is a Criteria-based plan, focused on preserving
individual species through Conservation. Conservation is based on
the particular habitat requirements of each species as well as the
known distribution data for each species. The existing MSHCP
database does not, however, provide the level of detail sufficient
to determine the extent of the presence or distribution of Narrow
Endemic Plant Species within the MSHCP Plan Area. Since Conservation
planning decisions for these species will have a substantial effect
on the status of these species, additional information regarding the
presence of these species must be gathered during the long-term
implementation of the MSHCP to ensure that appropriate Conservation
of these species occurs'' (Dudek and Associates 2003, p. 6-28).
The Western Riverside County MSHCP defines Allium munzii as a
narrow endemic plant species and requires surveys for this species as
part of the review process for public and private projects in certain
areas where one or more permittees have discretionary authority for
project approval (Dudek and Associates 2003, pp. 6-28-6-29). These
surveys are required for all public and private projects where
appropriate habitat is present (Dudek and Associates 2003, Figure 6-1,
pp. 6-29-6-30) and include seven proposed critical habitat units or
subunits, and portions of five other proposed critical habitat subunits
for A. munzii. Where survey results are positive, project proposals
with the potential to affect a narrow endemic plant species are subject
to avoidance, minimization, and mitigation strategies (Dudek and
Associates 2003, p. 6-29). In addition, the Western Riverside County
MSHCP indicates that, for narrow endemic plant species populations
identified as part of this survey process (including A. munzii),
impacts to 90 percent of those portions of the property that provide
for long-term conservation value for these species will be avoided
until it is demonstrated that conservation objectives (discussed above)
are met (Dudek and Associates 2003, p. 6-38). The information from
these surveys is to be used to prioritize areas for acquisition into
the Western Riverside County MSHCP (Service 2004, p. 28). Surveys
conducted from 2005 through 2011 have confirmed nine extant populations
within 13 CNDDB-defined EOs (Western Riverside County Regional
Conservation Authority 2011, p. 31). These 9 populations are part of
the 13 populations (localities) identified for conservation under
management activities and species-specific conservation objectives
within the Western Riverside County MSHCP (Dudek and Associates 2003,
pp. 9-126-9-127), as noted above.
We stated in our biological opinion (analysis of effects) of the
Western Riverside County MSHCP that:
(1) All 16 known localities (or CNDDB-defined EOs) would be
included in the Conservation Area;
(2) We anticipated that occurrences determined to be important to
the overall conservation of the species will be considered for
inclusion in the Additional Reserve Lands; and
(3) At least some of the avoided areas may be maintained as open
space habitat (Service 2004, p. 327).
In addition, the Western Riverside County MSHCP identified two
CNDDB-defined EOs partially within the Conservation Area (EOs 2 and 9)
and two that are currently located outside the Conservation Area (EOs 5
and 16) that will be added to the Conservation Area. Finally, as noted
above, the Western Riverside County MSHCP provides flexibility for
criteria refinement, such that if an area is currently outside the
reserve design defined by the Western Riverside County MSHCP, but is
later determined to be important for conservation, then it could be
added to the reserve as ARL or Acquisition Lands.
Atriplex coronata var. notatior
In addition to the management actions and conservation objectives
listed above, which apply within the approximately 8,020 ac (3,246 ha)
proposed as critical habitat for Atriplex coronata var. notatior,
surveys are also required for A. c. var. notatior in conjunction with
the Western Riverside County MSHCP implementation (Dudek and Associates
2003, p. 6-63). For A. c. var. notatior, these additional surveys are
required within suitable habitat in areas defined by the boundaries of
the Criteria Area (Dudek and Associates 2003, Figure 6-2, p. 6-64). Of
the approximately 8,020 ac (3,246 ha) proposed as critical habitat,
approximately 7,620 ac (3,084 ha) are within this Criteria Area and
subject to the additional survey requirements. As with narrow endemic
plant species, in locations with positive survey results, 90 percent of
those portions of the property that provide long-term conservation
value for the identified species will be avoided until the species-
specific conservation objectives for these species are met (Dudek and
Associates 2003, p. 6-65). We stated in our analysis of the effects of
the Western Riverside County MSHCP that this provides the flexibility
to include those locations that contain large numbers of individuals or
are determined to be important to the conservation of A. c. var.
notatior in the ARL (Dudek and Associates 2003, p. 6-70; Service 2004,
p. 353).
Under the Western Riverside County MSHCP, surveys for Atriplex
coronata var. notatior are required every 8 years to verify occupancy
for at least 75 percent of known locations. If a decline in
distribution below this threshold is observed, management activities
are triggered, as appropriate, to meet the species-specific objectives
identified in the plan (Dudek and Associates 2003, Table 9.2; Service
2004, p. 355). Surveys conducted by the Western Riverside County
Regional Conservation Authority (RCA) from 2006 to 2010 confirmed two
of four CNDDB-defined EOs within the three proposed critical habitat
units (Units 1--San Jacinto River, Unit 2--Upper Salt Creek, and Unit
3--Alberhill Creek) (Western Riverside County RCA 2011, p. 33). These
two locations are two of the three core areas located along the San
Jacinto River and the upper Salt Creek drainage that were identified
for conservation under management activities and species-specific
conservation objectives within the Western Riverside County MSHCP
(Dudek and Associates 2003, pp. 9-137-9-138), as noted above. The
Alberhill Creek locality has not yet been surveyed.
In the 1998 final listing rule for Allium munzii and Atriplex
coronata var. notatior, the present or threatened destruction,
modification, or curtailment of their habitat or range, including urban
development, agriculture, and clay mining for A. munzii, and
agriculture, urban
[[Page 22640]]
development, alteration of hydrology for A. c. var. notatior, were
identified as the primary threats to these taxa (63 FR 54982, October
13, 1998; Service 2009, 2012b). The Western Riverside County MSHCP
helps to address these threats to A. munzii and A. c. var. notatior
through a regional planning effort, and outlines species-specific
objectives and criteria for the conservation of these taxa (Dudek and
Associates 2003, pp. 9-126-9-127, 9-137-9-138).
In summary, the Western Riverside County MSHCP provides a
comprehensive habitat-based approach to the protection of covered
species, including Allium munzii and Atriplex coronata var. notatior,
by focusing on lands identified as important for the long-term
conservation of its covered species and through the implementation of
management actions for conserving those lands, as outlined in the
management actions and conservation objectives listed above (Western
Riverside County RCA et al. 2003, p. 51).
The Benefits of Inclusion--Western Riverside County MSHCP
The primary effect of designating any particular area as critical
habitat is the requirement for Federal agencies to consult with us
under section 7 of the Act to ensure actions they carry out, authorize,
or fund do not adversely modify designated critical habitat. Absent
critical habitat designation in occupied areas, Federal agencies remain
obligated under section 7 of the Act to consult with us on actions that
may affect a federally listed species to ensure such actions do not
jeopardize the species' continued existence.
The analysis of effects to critical habitat is a separate and
different analysis from that of the effects to the species. Therefore,
the difference in outcomes of these two analyses represents the
regulatory benefit of critical habitat. The regulatory standard is
different, as the jeopardy analysis investigates the action's impact on
the survival and recovery of the species, while the adverse
modification analysis focuses on the action's effects on the designated
habitat's contribution to conservation. This will, in many instances,
lead to different results and different regulatory requirements. Thus,
critical habitat designations may provide greater benefits to the
recovery of a species than would listing alone.
Critical habitat designation can also result in ancillary
conservation benefits to Allium munzii and Atriplex coronata var.
notatior by triggering additional review and conservation through other
Federal laws. Review of Federal actions affecting designated critical
habitat units would consider the importance of this habitat to the two
plants and the protections required for the taxa and their habitats.
Federal laws other than the Act that are most likely to afford
protection to designated critical habitat for Allium munzii include the
National Forest Management Act (NFMA; 16 U.S.C. 1600 et seq.) and, to a
lesser degree, the CWA. Projects requiring a review under the NFMA or
the CWA that are located within critical habitat or are likely to
affect critical habitat would create a Federal nexus and trigger
section 7 consultation under the Act. The NFMA requires the U.S. Forest
Service to incorporate provisions to support and manage plant and
animal communities for diversity and long-term rangewide viability of
native species into its Land and Resource Management Plans.
Consultation with the U.S. Forest Service would likely be triggered by
any revision to the Land and Resource Management Plan for the Cleveland
National Forest, where A. munzii is found. Examples of potential
projects that could trigger consultation as a result of CWA include
projects that require a section 404 CWA permit in areas near the washes
or on terraces within washes or drainages occupied by A. munzii.
However, a jurisdictional delineation would likely be required to
evaluate the regulatory involvement of the U.S. Army Corps of
Engineers.
Similarly, Federal laws other than the Act most likely to afford
protection to designated critical habitat for Atriplex coronata var.
notatior include the CWA. Projects requiring a review under the CWA
that are located within critical habitat or are likely to affect
critical habitat would create a Federal nexus and trigger section 7
consultation under the Act. Examples of potential projects that could
trigger consultation as a result of CWA include activities that require
a section 404 CWA permit within floodplains associated with wetland
habitats, which may also require a jurisdictional delineation to
evaluate the regulatory involvement of the U.S. Army Corps of
Engineers.
Another important benefit of including lands in a critical habitat
designation is that the designation can serve to educate landowners and
the public regarding the potential conservation value of an area, and
may help focus conservation efforts on areas of high conservation value
for certain species.
Benefits of Exclusion--Western Riverside County MSHCP
The benefits of excluding from designated critical habitat the
approximately 636 ac (257.4 ha) of proposed critical habitat for Allium
munzii and 8,020 ac (3,246 ha) of proposed critical habitat for
Atriplex coronata var. notatior that are within the boundaries of the
Western Riverside County MSHCP are significant and include: (1)
Continued and strengthened effective working relationships with all
Western Riverside County MSHCP jurisdictions and stakeholders in
implementing the conservation management objectives for these taxa and
their habitats identified in the Western Riverside County MSHCP,
described above, and promoting the conservation of these taxa and their
habitats; (2) encouragement of other entities within the range of A.
munzii and A. c. var. notatior to complete HCPs; and (3) encouragement
of additional HCP and other conservation plan development in the future
on other private lands for other federally listed species.
Implementation of the Western Riverside County MSHCP has resulted
in the acquisition of 487 ac (197 ha) of land within the Upper and
Lower San Jacinto River and Upper Salt Creek geographical locations of
Atriplex coronata var. notatior, which are located within proposed
critical habitat (Unit 1--San Jacinto River and Unit 2--Upper Salt
Creek). These areas were added to the existing conserved lands and are
now incorporated into the Western Riverside County MSHCP Reserve
(Service 2012a; Carlsbad Fish and Wildlife Office, GIS Analysis). Two
of these parcels were recently purchased with HCP Land Acquisition
Grant Program funds authorized under section 6 of the Act (M. Woulfe
2011a and 2011b, pers. comm.). Since 2004, only 10 ac (4 ha) of habitat
in the Upper Salt Creek areas have been lost (Service 2012a; Carlsbad
Fish and Wildlife Office, GIS Analysis). These actions provide support
for the effectiveness of the Western Riverside County MSHCP in reducing
the threats to A. c. var. notatior and in addressing the special
management considerations or protections necessary to ensure the long-
term existence of the physical or biological features essential to the
conservation of this taxon.
In the case of plants such as Allium munzii and Atriplex coronata
var. notatior, we also consider that including conservation measures to
protect listed plants and their habitats in an HCP or other
conservation plan is voluntary. In
[[Page 22641]]
contrast to listed wildlife species, the Act does not prohibit take of
listed plants, and an incidental take permit under section 10 of the
Act is not required to authorize impacts to listed plants. For this
reason, we actively support and encourage the voluntary inclusion of
measures to protect listed plants and their habitats in an HCP or other
conservation plan by plan proponents. The prospect of potentially
avoiding a designation of critical habitat for a plant provides a
meaningful incentive to plan proponents to extend protections for
plants and their habitat under a conservation plan. Achieving
comprehensive, landscape-level protection for plant species, including:
(1) Narrow endemic plant species, such as A. munzii; and (2) those with
limited geographic distribution and specialized habitat and management
requirements, such as A. c. var. notatior, through their inclusion in
regional conservation plans, provides a key conservation benefit for
these taxa. Our consideration of the Western Riverside County MSHCP
under section 4(b)(2) of the Act acknowledges the voluntary, proactive
conservation measures undertaken by Riverside County to protect A.
munzii and A. c. var. notatior under this plan.
Excluding lands within the Western Riverside County MSHCP from the
critical habitat designation will also sustain and enhance the working
relationship between the Service and Riverside County. The willingness
of the county and its partners to work with the Service on innovative
ways to manage federally listed species will continue to reinforce
those conservation efforts and our partnership, both of which
contribute significantly toward achieving recovery of Allium munzii and
Atriplex coronata var. notatior.
By excluding approximately 8,656 ac (3,503 ha) of land within the
boundaries of the Western Riverside County MSHCP from critical habitat
designation, we are encouraging new partnerships with other landowners
and jurisdictions to protect Allium munzii and Atriplex coronata var.
notatior as well as other listed species. Our ongoing partnerships with
Riverside County, the larger regional Western Riverside County MSHCP
participants, and the landscape-level multiple species conservation
planning efforts they promote are essential to achieve long-term
conservation of A. munzii and A. c. var. notatior. We consider this
voluntary partnership in conservation vital to our understanding of the
status of species on non-Federal lands and necessary for us to
implement recovery actions such as habitat protection and restoration,
and beneficial management actions for species.
Benefits of Exclusion Outweigh the Benefits of Inclusion--Western
Riverside County MSHCP
We have reviewed and evaluated the exclusion of approximately 8,656
ac (3,503 ha) of land within the boundaries of the Western Riverside
County MSHCP. We have created close partnerships with Riverside County
and other stakeholders through the development of the Western Riverside
County MSHCP, which incorporates protections and management objectives
(described above) for Allium munzii and Atriplex coronata var. notatior
and the habitats upon which the taxa depend for growth and
reproduction. The conservation strategy identified in the Western
Riverside County MSHCP, along with our close coordination with
Riverside County and other stakeholders, addresses the identified
threats to A. munzii and A. c. var. notatior and the geographical areas
that contain the physical or biological features essential to their
conservation. Our partnership with Riverside County helps ensure
implementation of the protections and management actions identified
within the Western Riverside County MSHCP. Therefore, the relative
benefits to either Allium munzii or Atriplex coronata var. notatior of
including these lands in the designation are small because the
regulatory and ancillary benefits that would result from critical
habitat designation are almost entirely redundant with the conservation
benefits already afforded through the Western Riverside County MSHCP
and State and Federal laws. The Western Riverside County MSHCP provides
for significant conservation and management of the geographical areas
that contain the physical or biological features essential to the
conservation of A. munzii and A. c. var. notatior, and that help
achieve recovery of these taxa through the objectives as described
above.
We also conclude that the educational benefits of designating
critical habitat within the Western Riverside County MSHCP boundaries
would be negligible because there have been several opportunities for
public education and outreach related to Allium munzii and Atriplex
coronata var. notatior. The framework for the regional Western
Riverside County MSHCP was developed over a 6-year period and has been
in place since 2004. The Western Riverside County MSHCP requires the
implementing agency, the Western Riverside County RCA, to prepare and
submit a report of its annual activities. These annual reports include
an overview of the plan, a summary of habitat gains, and a review of
the management activities of the Western Riverside RCA, management of
property, and management of the reserves. The activities of the
biological monitoring program are also included in this annual report.
The reporting for these activities is available to the public on the
Internet at: http://www.wrc-rca.org/. In addition, the previous
rulemaking for these taxa has provided the opportunity for public
review and comment on documents that provided information on the
biology and habitat requirements of A. munzii and A. c. var. notatior,
and the location of areas containing the physical or biological
features essential to the conservation of these taxa.
Within the Lake Mathews-Estelle Mountain Reserve, Riverside County
is implementing other outreach and educational activities. For example,
``Endangered Species Act Day'' is sponsored by the Riverside County
Habitat Conservation Agency, and the Service has been an active
participant and partial funder for this event. These actions,
collectively, provide additional opportunities to educate the public
about the location of, and efforts to conserve, the physical or
biological features essential to the conservation of Allium munzii, as
well as other efforts to conserve endangered plants (including A.
munzii) and wildlife, within the Lake Mathews-Estelle Mountain Reserve.
Exclusion of these lands from both Allium munzii and Atriplex
coronata var. notatior critical habitat will help preserve the
partnerships we have developed with local jurisdictions and project
proponents through the development and ongoing implementation of the
Western Riverside County MSHCP. These partnerships are focused on
conservation of multiple species, including A. munzii and A. c. var.
notatior, and secure conservation benefits for the taxa that will
contribute to the species' recovery, as described above, beyond those
that could be required under a critical habitat designation.
Furthermore, these partnerships help foster future partnerships for the
benefit of listed species, the majority of which do not occur on
Federal lands. We have determined that these benefits are significant.
After consideration of the relevant impact of designating areas
covered by the Western Riverside County MSHCP as critical habitat and
balancing the benefits of excluding those areas from
[[Page 22642]]
critical habitat against the benefits of including them, we have
determined that the significant benefits of exclusion outweigh the
benefits of critical habitat designation in these areas.
Exclusion Will Not Result in Extinction of the Species--Western
Riverside County MSHCP
We have determined that the exclusion of approximately 636 ac
(257.4 ha) of land from the final designation of critical habitat for
Allium munzii and the entire 8,020 ac (3,246 ha) of land proposed as
critical habitat for Atriplex coronata var. notatior within lands
covered under the permitted Western Riverside County MSHCP will not
result in the extinction of A. munzii or A. c. var. notatior.
Management actions and species-specific conservation objectives
identified in the Western Riverside County MSHCP for the two taxa and
their habitats provide significant benefits to the geographical areas
containing the physical or biological features essential to the
conservation of these taxa. In our 2004 biological opinion, the Service
determined that implementation of the Western Riverside County MSHCP is
not likely to jeopardize the continued existence of A. munzii or A. c.
var. notatior (Service 2004, pp. 327, 356).
Based on the above discussion, the Secretary is exercising his
discretion under section 4(b)(2) of the Act to exclude from this final
critical habitat designation the following proposed units or subunits:
For Allium munzii, Unit 1--Gavilan Hills, including all
subunits (1A-1F) (114.7 ac (46.4 ha)); Unit 2--Temescal Valley
including all subunits (2A-2D) (481 ac (194.5 ha)); Subunit 4A (32.6 ac
(13.3 ha)) of Unit 4--South Perris and Bachelor Mountain; and a portion
of Subunit 4B (7.7 ac (3.1 ha)) of Unit 4--South Perris and Bachelor
Mountain.
For Atriplex coronata var. notatior, all land within Unit
1--San Jacinto River, Unit 2--Upper Salt Creek, and Unit 3--Alberhill
Creek (8,020 ac (3,246 ha)).
All of these proposed units or subunits are encompassed within
lands covered under the Western Riverside County MSHCP.
Rancho Bella Vista Habitat Conservation Plan
A portion of proposed Subunit 4B--Skunk Hollow for Allium munzii is
found within a smaller, individual HCP, the Rancho Bella Vista HCP,
which was approved prior to the Western Riverside County MSHCP through
a separate section 10(a)(1)(B) permit and authorized Pacific Bay
Properties to develop the 798-ac (323-ha) site that included 102.3 ac
(41.4 ha) of native habitat (Service 2004, p. 66). Within this subunit,
67.1 ac (27.2 ha) of the proposed 74.8 ac (30.3 ha) in Subunit 4B-Skunk
Hollow are located within the conserved lands defined by the Rancho
Bella Vista HCP and are designated as natural open space or conserved
habitat (Service 2000). The remaining areas of proposed Subunit 4B-
Skunk Hollow are identified as PQP (7.3 acre (2.95 ha) and ARL (0.4 ac
(0.16 ha)) lands within the Western Riverside County MSHCP. Those areas
are addressed in the Western Riverside County Multiple Species Habitat
Conservation Plan section above.
Long-term management of the Rancho Bella Vista HCP conservation
lands includes the following activities:
(1) Control access and, where necessary, limit access by people,
vehicles, and domestic pets to conserved habitats and preclude access
to highly sensitive resources.
(2) Monitor target species, including Allium munzii, and provide
species management of all covered species.
(3) Identify and rank, in order of priority, opportunities for
habitat restoration and enhancement within the conserved habitats.
(4) Monitor conserved lands for the occurrence of nonnative
invasive plants and animals and provide the prompt control of such
species.
(5) Map the locations of nonnative plant species within and
immediately adjacent to conserved habitats and schedule for removal,
monitoring, or control as necessary.
(6) Develop a fire management program in consultation with the
County of Riverside Fire Marshal and wildlife agencies to minimize
impacts to conserved habitats from fire management programs and
adjacent land uses.
(7) Develop public information materials and programs including:
(a) A brochure that describes the natural resources, areas of
special interest, and prohibited activities within conserved habitats;
(b) A landscape and fuel break planning brochure for homeowners and
homeowner associations located adjacent to conserved habitats; and
(c) Nature trails along or through portions of conserved habitats
(provided impacts are avoided or mitigated) (Service 2000, pp. 4-5).
Benefits of Inclusion--Rancho Bella Vista HCP
The primary effect of designating any particular area as critical
habitat is the requirement for Federal agencies to consult with us
under section 7 of the Act to ensure actions they carry out, authorize,
or fund do not adversely modify designated critical habitat. Absent
critical habitat designation in occupied areas, Federal agencies remain
obligated under section 7 of the Act to consult with us on actions that
may affect a federally listed species to ensure such actions do not
jeopardize the species' continued existence.
The analysis of effects to critical habitat is a separate and
different analysis from that of the effects to the species. Therefore,
the difference in outcomes of these two analyses represents the
regulatory benefit of critical habitat. The regulatory standard is
different, as the jeopardy analysis investigates the action's impact on
the survival and recovery of the species, while the adverse
modification analysis focuses on the action's effects on the designated
habitat's contribution to conservation. This will, in many instances,
lead to different results and different regulatory requirements. Thus,
critical habitat designations may provide greater benefits to the
recovery of a species than would listing alone.
Critical habitat designation can also result in ancillary
conservation benefits to Allium munzii by triggering additional review
and conservation through other Federal laws. Review of Federal actions
affecting designated critical habitat units would consider the
importance of this habitat to A. munzii and the protections required
for the species and its habitat.
Another important benefit of including lands in a critical habitat
designation is that the designation can serve to educate landowners and
the public regarding the potential conservation value of an area, and
may help focus conservation efforts on areas of high conservation value
for certain species.
Benefits of Exclusion--Rancho Bella Vista HCP
The benefits of excluding from designated critical habitat the 67.1
ac (27.2 ha) of proposed critical habitat for Allium munzii that are
within the boundaries of the Rancho Bella Vista HCP are significant and
include: (1) Continued and strengthened effective working relationship
with the Rancho Bella Vista HCP permittee in implementing the
conservation management objectives for A. munzii and its habitat
identified in the Rancho Bella Vista HCP, described above, and
promoting the conservation of this species and its habitat; (2)
encouragement of other entities within
[[Page 22643]]
the range of A. munzii to complete HCPs; and (3) encouragement of
additional HCP and other conservation plan development in the future on
other private lands for other federally listed species. In addition,
because the lands that comprise the Rancho Bella Vista HCP are now
encompassed within the boundaries of the Western Riverside County
MSHCP, we see the continued and strengthened effective working
relationships with the larger Western Riverside County MSHCP and its
jurisdictions and stakeholders in promoting the conservation of A.
munzii and its habitat as an important benefit of exclusion of this
portion of proposed Subunit 4B--Skunk Hollow.
Benefits of Exclusion Outweigh the Benefits of Inclusion--Rancho Bella
Vista HCP
We have reviewed and evaluated the exclusion of approximately 67.1
ac (27.2 ha) of land within the boundaries of the Rancho Bella Vista
HCP for Allium munzii. The benefits of including these lands in the
designation are small because the regulatory and ancillary benefits
that would result from critical habitat designation are almost entirely
redundant with the conservation benefits already afforded through the
Rancho Bella Vista HCP and under the Act. The Rancho Bella Vista HCP
provides for significant conservation and management of the
geographical areas that contain the physical or biological features
essential to the conservation of A. munzii and help achieve recovery of
this species through the objectives as described above.
We also conclude that the educational benefits of designating
critical habitat within the Rancho Bella Vista HCP boundaries would be
negligible because there have been several opportunities for public
education and outreach related to Allium munzii. As an example, the
Rancho Bella Vista Park, which includes both active and passive uses of
the area, includes a nature trail through portions of conserved
habitats and an interpretive, educational display for the larger Skunk
Hollow area. These actions provide additional opportunities to educate
the public about the location of, and efforts to conserve, the physical
or biological features essential to the conservation of A. munzii, as
well as other efforts to conserve endangered plants (including A.
munzii) and wildlife, within the Rancho Bella Vista HCP. In addition,
the previous rulemaking for this species has provided the opportunity
for public review and comment on documents that provided information on
the biology and habitat requirements of A. munzii and the location of
areas containing the physical or biological features essential to the
conservation of the species.
In the case of plants such as Allium munzii, we also consider that
including conservation measures to protect listed plants and their
habitats in an HCP or other conservation plan is voluntary. In contrast
to listed wildlife species, the Act does not prohibit take of listed
plants, and an incidental take permit under section 10 of the Act is
not required to authorize impacts to listed plants. For this reason, we
actively support and encourage the voluntary inclusion of measures to
protect listed plants and their habitats in an HCP or other
conservation plan by plan proponents. The prospect of potentially
avoiding a designation of critical habitat for a plant provides a
meaningful incentive to plan proponents to extend protections for
plants and their habitat under a conservation plan. Achieving
comprehensive, landscape-level protection for plant species, including
narrow endemic plant species such as A. munzii, through their inclusion
in regional conservation plans, provides a key conservation benefit for
these taxa. Our consideration of the Rancho Bella Vista HCP under
section 4(b)(2) of the Act acknowledges the voluntary, proactive
conservation measures undertaken by the permitttee to protect A. munzii
under this plan.
Exclusion of these lands from critical habitat will help preserve
the partnerships we have developed with local jurisdictions and project
proponents through the development and ongoing implementation of the
Rancho Bella Vista HCP. These partnerships are focused on conservation
of multiple species, including Allium munzii, and secure conservation
benefits for the taxa that will contribute to the species' recovery, as
described above, beyond those that could be required under a critical
habitat designation. Furthermore, these partnerships aid in fostering
future partnerships for the benefit of listed species, the majority of
which do not occur on Federal lands. We have determined that these
benefits are significant.
After consideration of the relevant impact of specifying areas
covered by the Rancho Bella Vista HCP as critical habitat and balancing
the benefits of excluding these areas from critical habitat against the
benefits of including them, we have determined that the significant
benefits of exclusion outweigh the benefits of critical habitat
designation in these areas.
Exclusion Will Not Result in Extinction of the Species--Rancho Bella
Vista HCP
We have determined that the exclusion of 67.1 ac (27.2 ha) within
lands covered under the permitted Rancho Bella HCP from the final
designation of critical habitat for Allium munzii will not result in
the extinction of A. munzii. Conservation measures identified in the
Rancho Bella Vista HCP for A. munzii and its habitat provide
significant benefits to the geographical areas containing the physical
or biological features essential to the conservation of A. munzii. In
our 2000 biological opinion, the Service determined that implementation
of the Rancho Bella Vista HCP would not likely jeopardize the continued
existence of A. munzii (Service 2000, p. 41).
Based on the above discussion, the Secretary is exercising his
discretion under section 4(b)(2) of the Act to exclude from this final
critical habitat designation for Allium munzii the portion of proposed
Subunit 4B--Skunk Hollow (67.1 ac (27.2 ha)), which is encompassed
within lands covered under the Rancho Bella Vista HCP.
Southwestern Riverside County Multi-Species Reserve Cooperative
Management Agreement
Subunit 4C--Bachelor Mountain (79.3 ac (32.1 ha)) and Unit 5--North
Domenigoni Hills (8.2 ac (3.3 ha)) proposed as critical habitat for
Allium munzii are contained within the Southwestern Riverside County
Multi-species Reserve (Reserve), which was created in 1992, prior to
the listing of A. munzii, as a mitigation measure for impacts resulting
from the Diamond Valley Lake Reservoir. The Reserve comprises about
13,000 ac (5,261 ha), approximately 9,400 ac (3,804 ha) of which are
owned by the Metropolitan Water District, 2,500 ac (1,012 ha) by the
Riverside County Habitat Conservation Agency, 360 ac (146 ha) by the
Bureau of Land Management (BLM), and 600 ac (243 ha) by the Riverside
County Parks and Open Space District (Service 2004, p. 61), which
manages the Reserve. The Reserve is located within the area north of
Lake Skinner and south of Diamond Valley Lake, and includes the
Domenigoni Mountains and South Hills (Service 2004, p. 61).
The Reserve is managed through a cooperative management agreement;
the Service is a party to this agreement and a member of the five-
member committee that makes management decisions (Monroe et al. 1992,
Appendix B). Management strategies defined for the entire Reserve
include:
[[Page 22644]]
(1) Protection of habitat from human disturbance through fencing,
construction of fire breaks, and patrols to prevent unauthorized
access;
(2) Activities to promote the recovery of native plant and animal
communities by managing fire and controlling grazing; and
(3) Management for biodiversity, including maintaining a mosaic of
different-aged habitats to meet the needs of many species (Monroe et
al. 1992, pp. ES-5-ES-6).
The 2008 Southwestern Riverside County Multi-species Reserve
Management Plan (Moen 2008, Appendix 10), developed in order to meet
management goals for the Reserve, identifies specific enhancement and
monitoring goals, objectives, and strategies for Allium munzii. These
include: (1) Estimating area occupied by A. munzii within the Reserve
by mapping each occupied area annually, (2) estimating individual
plants within the known populations, and (3) enhancing habitat
suitability within occupied areas by annually removing thatch and
biomass from nonnative vegetation and determining the efficacy of each
treatment (Moen 2008, Appendix 10, pp. 1-2).
Benefits of Inclusion--Southwestern Riverside County Multi-Species
Reserve Cooperative Management Agreement
The primary effect of designating any particular area as critical
habitat is the requirement for Federal agencies to consult with us
under section 7 of the Act to ensure actions they carry out, authorize,
or fund do not adversely modify designated critical habitat. Absent
critical habitat designation in occupied areas, Federal agencies remain
obligated under section 7 of the Act to consult with us on actions that
may affect a federally listed species to ensure such actions do not
jeopardize the species' continued existence.
The analysis of effects to critical habitat is a separate and
different analysis from that of the effects to the species. Therefore,
the difference in outcomes of these two analyses represents the
regulatory benefit of critical habitat. The regulatory standard is
different, as the jeopardy analysis investigates the action's impact on
the survival and recovery of the species, while the adverse
modification analysis focuses on the action's effects on the designated
habitat's contribution to conservation. This will, in many instances,
lead to different results and different regulatory requirements. Thus,
critical habitat designations may provide greater benefits to the
recovery of a species than would listing alone.
Critical habitat designation can also result in ancillary
conservation benefits to Allium munzii by triggering additional review
and conservation through other Federal laws. Review of Federal actions
affecting designated critical habitat units would consider the
importance of this habitat to A. munzii and the protections required
for the species and its habitat.
Another important benefit of including lands in a critical habitat
designation is that the designation can serve to educate landowners and
the public regarding the potential conservation value of an area, and
may help focus conservation efforts on areas of high conservation value
for certain species.
Benefits of Exclusion--Southwestern Riverside County Multi-Species
Reserve Cooperative Management Agreement
The benefits of excluding from designated critical habitat the 87.5
ac (35.4 ha) of proposed critical habitat for Allium munzii within the
Reserve are significant and include:
(1) Continued and strengthened effective working relationships with
the signatories to the Southwestern Riverside County Multi-species
Reserve Cooperative Management Agreement and other interested
stakeholders in implementing the conservation management objectives for
A. munzii and its habitat identified in the Southwestern Riverside
County Multi-species Reserve Management Plan (Moen 2008, Appendix 10),
described above, and promoting the conservation of this species and its
habitat; (2) encouragement of other entities within the range of A.
munzii to complete cooperative management agreements; and (3)
encouragement of additional conservation plan development in the future
on other private lands for other federally listed species. In addition,
because the lands that comprise the Reserve are encompassed within the
boundaries of the Western Riverside County MSHCP as PQP lands, we see
the continued and strengthened effective working relationships with the
larger Western Riverside County MSHCP and its jurisdictions and
stakeholders in promoting the conservation of A. munzii and its habitat
as an important benefit of exclusion of proposed Subunit 4C--Bachelor
Mountain and Unit 5--North Domenigoni Hills.
Benefits of Exclusion Outweigh the Benefits of Inclusion--Southwestern
Riverside County Multi-Species Reserve Cooperative Management Agreement
We have reviewed and evaluated the exclusion of approximately 87.5
ac (35.4 ha) of proposed critical habitat for Allium munzii that are
within the boundaries of the Reserve established through the
Southwestern Riverside County Reserve Cooperative Management Agreement.
The benefits of including these lands in the designation are small
because the regulatory and ancillary benefits that would result from
critical habitat designation are almost entirely redundant with the
conservation benefits already afforded through the Southwestern
Riverside County Multi-species Reserve Cooperative Management Agreement
and under the Act. The Southwestern Riverside County Multi-species
Reserve Cooperative Management Agreement provides for significant
conservation and management of the geographical areas that contain the
physical or biological features essential to the conservation of A.
munzii and help achieve recovery of this species through the objectives
as described above.
We also conclude that the educational benefits of designating
critical habitat within the Reserve boundaries would be negligible
because there have been several opportunities for public education and
outreach related to Allium munzii. Although the majority of the Reserve
is not open to the public, three trails are available during certain
times of the year for hiking and horseback riding activities. These
trails provide additional opportunities to educate the public about the
location of, and efforts to conserve, the physical or biological
features essential to the conservation of A. munzii, as well as other
efforts to conserve endangered plants (including A. munzii) and
wildlife, within the Reserve. In addition, the previous rulemaking for
this species has provided the opportunity for public review and comment
on documents that provided information on the biology and habitat
requirements of A. munzii and the location of areas containing the
physical or biological features essential to the conservation of the
species.
Exclusion of these lands from critical habitat will help preserve
the partnerships we have developed with local jurisdictions and project
proponents through the development and ongoing implementation of the
Southwestern Riverside County Multi-species Reserve Cooperative
Management Agreement. These
[[Page 22645]]
partnerships are focused on conservation of multiple species, including
Allium munzii, and secure conservation benefits for the species that
will lead to recovery, as described above, beyond those that could be
required under a critical habitat designation. Furthermore, these
partnerships aid in fostering future partnerships for the benefit of
listed species, the majority of which do not occur on Federal lands. We
have determined that these benefits are significant.
After consideration of the relevant impact of specifying areas
within the Reserve as critical habitat and balancing the benefits of
excluding these areas from critical habitat against the benefits of
including them, we have determined that the significant benefits of
exclusion outweigh the benefits of critical habitat designation in
these areas.
Exclusion Will Not Result in Extinction of the Species--Southwestern
Riverside County Multi-Species Reserve Cooperative Management Agreement
We have determined that the exclusion of 87.5 ac (35.4 ha) of lands
managed under the Southwestern Riverside County Multi-species Reserve
Cooperative Management Agreement from the final designation of critical
habitat for Allium munzii will not result in the extinction of A.
munzii. Conservation measures identified in the Southwestern Riverside
County Multi-species Reserve Cooperative Management Agreement (Monroe
et al. 1992, Appendix B) and the 2008 Southwestern Riverside County
Multi-species Reserve Management Plan (Moen 2008, Appendix 10, pp. 1-2)
for A. munzii and its habitat provide significant benefits to the
geographical areas containing the physical or biological features
essential to the conservation of A. munzii.
Based on the above discussion, the Secretary is exercising his
discretion under section 4(b)(2) of the Act to exclude from this final
critical habitat designation for Allium munzii proposed Subunit 4C--
Bachelor Mountain (79.3 ac (32.1 ha)) and Unit 5--North Domenigoni
Hills (8.2 ac (3.3 ha)), which are encompassed within lands managed
under the Southwestern Riverside County Multi-species Reserve
Cooperative Management Agreement.
Summary of Comments and Recommendations
We requested written comments from the public on the proposed
revised designations of critical habitat for Allium munzii and Atriplex
coronata var. notatior during two comment periods. The first comment
period associated with the publication of the proposed rule (77 FR
23008; April 17, 2012) opened on April 17, 2012, and closed on June 18,
2012. We also requested comments on the proposed revised critical
habitat designations and associated DEA for the two taxa during a
comment period that opened September 11, 2012, and closed on October
11, 2012 (77 FR 55788; September 11, 2012). We did not receive any
requests for a public hearing during these comment periods. We also
contacted appropriate Federal, State, and local agencies; scientific
organizations; and other interested parties and invited them to comment
on the proposed rule and DEA during these comment periods.
During the first comment period, we received seven comment letters,
three from peer reviewers, three from State and local agencies (one of
these letters was a duplicate), and one from the public directly
addressing the proposed revised critical habitat designations. During
the second comment period, we received three agency comment letters
(again, one of these letters was a duplicate) addressing the proposed
revised critical habitat designations or the DEA. No public comments
were received during the second comment period. All substantive
information provided during comment periods has either been
incorporated directly into the final determinations for both taxa or
addressed below. Comments we received are grouped into general issues
specifically relating to the proposed revised critical habitat
designations for Allium munzii and Atriplex coronata var. notatior.
Peer Review
In accordance with our peer review policy published on July 1, 1994
(59 FR 34270), we solicited expert opinions from three knowledgeable
individuals with scientific expertise that included familiarity with
Allium munzii and Atriplex coronata var. notatior, the geographic
region in which the two plants occur, and conservation biology
principles relevant to the two plants. We received responses from all
three peer reviewers.
We reviewed all comments we received from the peer reviewers for
substantive issues and new information regarding critical habitat for
Allium munzii and Atriplex coronata var. notatior. The peer reviewers
provided additional information, clarifications, and suggestions to
improve the final critical habitat rule as discussed in more detail
below. Peer reviewer comments are addressed in the following summary
and incorporated into the final rule as appropriate.
Peer Reviewer Comments
(1) Comment: We received comments from two peer reviewers regarding
our exclusion process under section 4(b)(2) of the Act. One reviewer
recommended that the Service weigh the benefits of inclusion versus
exclusion by thoroughly analyzing the implementation and conservation
success of the relevant HCPs and make a determination whether or not to
exclude based on specific conditions applicable to that unit or
subunit. A second reviewer stated that species exclusions should be
made on a case-by-case basis and the proposed rule needs to outline a
stronger case for exclusion.
Our Response: The Secretary's decision regarding whether to
exercise his discretion to exclude areas from critical habitat is not
made in the proposed rule, but in the final rule. In the proposed rule,
we provided the then available information regarding potential
exclusions to allow the peer reviewers and the public an opportunity to
comment. Section 4(b)(2) of the Act requires the Secretary to designate
critical habitat after taking into consideration the economic impacts,
national security impacts, and any other relevant impacts of specifying
any particular area as critical habitat. An area may be excluded from
critical habitat if it is determined that the benefits of exclusion
outweigh the benefits of designating a particular area as critical
habitat, unless the failure to designate will result in the extinction
of the species. Before the Secretary exercises his discretion to
exclude any area from critical habitat, he carefully weighs the
benefits of exclusion of an area from critical habitat versus the
benefits of inclusion of an area in critical habitat.
In the Land and Resource Management Plans, Conservation Plans, or
Agreements Based on Conservation Partnerships section of this final
rule, we provide additional discussion of the implementation of the
Western Riverside County MSHCP and other conservation plans and
partnerships and why we believe, for the areas excluded from final
designation, these plans adequately provide for the conservation of
Allium munzii and Atriplex coronata var. notatior, and their habitats.
This section also fully discusses the benefits of inclusion and
exclusion for these areas and the reasons why the Secretary is
exercising his discretion to exclude the areas from final critical
habitat designation.
[[Page 22646]]
(2) Comment: Two peer reviewers provided recommendations on how the
proposed revised critical habitat units should be defined in order to
address essential habitat. Specific comments were provided by one peer
reviewer regarding our proposed designation of critical habitat for
Subunits 2D--Alberhill Creek and 4C--Bachelor Mountain for Allium
munzii, who also recommended a detailed review of proposed subunits
within Estelle Mountain and Temescal Wash, stating that the expansion
of urban development and other activities in this region warrant
additional evaluation of all areas that might be potentially essential
habitat for this species.
Our Response: We reviewed our methods for determining subunit
boundaries, occupancy, and the presence of the physical or biological
features essential to the conservation of the two plants. As described
above in the Criteria Used to Identify Critical Habitat section for
Allium munzii, we conducted a spatial analysis using a GIS-based
approach to determine the percent of mapped clay soils (Altamont, Auld,
Bosanko, and Porterville) that were converted or lost to agricultural
or urban land uses in the Riverside-Perris area (based on 2007 land use
GIS data). Based on the narrow endemism of this species, its reliance
on clay soil types that are limited in geographic range in western
Riverside County, and our estimated loss of 67 percent of these soils
to urban or agricultural development, we determined that all of the
proposed units and subunits represent the present geographical area
containing the physical or biological features essential to the
conservation of this species that may require special management
considerations or protection. For Atriplex coronata var. notatior, we
improved our mapping methodology from previous delineations to more
accurately define the critical habitat boundaries that better represent
those areas that possess the physical or biological features essential
to the conservation of this taxon using soils, elevation, and spatial
configuration based on updated plant location information. Thus, we
delineated boundaries using an intersection of seasonal ponding or
flooding (and resulting bare soils), as observed in historical and
recent aerial photographs (Riverside County Flood Control District
photos from 1962, 1974, 1978, 1980, and 2010), with A. c. var. notatior
soil preferences (using soil maps from Knecht 1971). This delineation
also includes the CNDDB-defined EOs and locations of individual plants
reported from other surveys.
In addition, we note that the areas proposed as critical habitat in
the proposed revised rule may not include all of the habitat that may
eventually be determined as necessary for the recovery of Allium munzii
(or Atriplex coronata var. notatior), and critical habitat designations
do not signal that habitat outside the designation is unimportant or
may not contribute to recovery of the species. Areas outside the final
revised critical habitat designation will continue to be subject to
conservation actions implemented under section 7(a)(1) of the Act,
regulatory protections afforded by the section 7(a)(2) jeopardy
standard, and the prohibitions of section 9 of the Act. These
protections and conservation tools will continue to contribute to
recovery of both taxa.
Per the peer reviewer's specific comments on Subunits 2D--Alberhill
Creek and 4C--Bachelor Mountain for Allium munzii, we confirmed that
Subunit 2D--Alberhill Creek as defined in the proposed rule contains
Altamont cobbly clay soil (PCE 1), and not alkaline soils. We also
reevaluated proposed Subunit 4C--Bachelor Mountain and concluded that
the subunit boundaries were created appropriately using the defined
PCEs for this species.
(3) Comment: All three peer reviewers provided editorial comments,
corrections, and recommendations for changes to the Background section
(description, biology and life history, habitat and soil preferences,
spatial distribution, historical range, and population size) of the
proposed rule.
Our Response: We appreciate the suggestions and clarifying
information provided by the peer reviewers and the opportunity to
incorporate the best available scientific information into the final
rule. We provide a summary of these clarifications below based on the
peer review comments. However, this information has not altered our
determinations or delineation of critical habitat units for Allium
munzii or Atriplex coronata var. notatior. In addition, the information
provided by the peer reviewers is related to a section of the proposed
revised rule that is not repeated in this final rule. However, we have
made use of this information in other sections of this final rule,
where appropriate, and will similarly use this information in future
actions related to the two taxa.
The references used in the description heading of our
Background section in the proposed rule for both A. munzii and A. c.
var. notatior have been updated with the 2012 publication of The Jepson
Manual: Vascular Plants of California, second edition (University of
California Press, Berkeley, California). The proposed rule cited both
the McNeal (2012) for the treatment of the family Alliaceae, which
includes A. munzii, described within pages 1289-1297 of the second
edition, but we also cited an earlier published review of this species
(McNeal 1992). The Taylor and Wilken (1993) citations for A. c. var.
notatior are now Zacharias (2012) for the treatment of the family
Chenopodiaceae, which includes A. c. var. notatior, described within
pages 629-638 of the second edition.
In our Habitat and Soil Preferences section for A. munzii,
we received a clarification from one peer reviewer of our reference to
the mesic (wet) clay soils in which this species is found. As noted by
this reviewer, these soils are subject to hot dry summers that are
characteristic of Mediterranean climate found in southern California
and are dry much of the year.
As noted by one peer reviewer, the geographical
description of the range of A. munzii in Riverside County is better
described as a narrow endemic plant that is discontinuously distributed
across the Riverside-Perris area (Perris Basin physiogeographic region)
and within a portion of the southern Santa Ana Mountains (Elsinore
Peak). We have incorporated this description into this final rule, as
appropriate.
Two peer reviewers indicated that the term Upper Salt
Creek should be used in place of Old Salt Creek in the Background or
other sections where it occurs in the proposed rule; the latter
geographic name is apparently an outdated term used to describe early
locations of A. c. var. notatior.
One peer reviewer recommended that we discuss the
importance of clonal populations for A. munzii. We note that all known
bulb- and corm-forming plant taxa are expected to exhibit a clonal
population structure derived from the vegetative reproduction of the
bulbs or corms. However, we did not consider it necessary to discuss
this in the Background section of the proposed rule as it does not
change our criteria or methodology for designating critical habitat.
Based on peer review comment we received on the Background
section of the proposed rule regarding our habitat description for A.
c. var. notatior, we are providing the following information due to
confusion in terms that have been used to describe the habitats and
locations where this taxon is found. Atriplex coronata var. notatior is
found in several herbaceous vegetation
[[Page 22647]]
alliances and associations (Klein and Evens 2005, pp. 60-62; Sawyer et
al. 2009, pp. 871-872, 939-940), as well as shrubland alliances (Klein
and Evens 2005, p. 237) of western Riverside County. Alliances are
considered generic units of vegetation based on a dominate or
diagnostic species presence, whereas associations are subdivisions of
alliances based on characteristic understory or associated taxa (Klein
and Evens 2005, p. 9). Atriplex coronata var. notatior is associated
with herbaceous vegetation identified as: Centromadia (as Hemizonia)
pungens subsp. laevis Unique Stands, Hordeum depressum Alliance,
Lasthenia californica Alliance, Plagiobothrys leptocladus Unique
Stands, and Vernal Alkali Plain, Vernal Alkali Playa, and Vernal Pool
Habitats (Klein and Evens 2005, pp. 254, 256, 260, 267, 274). It is
also associated with the shrubland alliance Suaeda nigra (as moquinii)
Alliance (Klein and Evens 2005, p. 238). Sawyer et al. describes
vegetation on a State-wide basis and, unlike Klein and Evens, these
descriptions are not based directly on survey results. Sawyer et al.
(2009, pp. 850, 871, 940) recognize some of these vegetation types as
Centromadia (pungens) Herbaceous Alliance, Deinandra fasciculata
Herbaceous Alliance, and Lasthenia californica-Plantago erecta-Festuca
(as Vulpia) microstachys Herbaceous Alliance. The two references cited
above accommodate the known habitats associated with A. c. var.
notatior, such as alkali plain, alkali playa, and vernal pool habitats,
as described in the proposed rule, but generally do not include sage
scrub. However, the nomenclature for habitat descriptions may differ
between these two references and previously cited references.
(4) Comment: We received a comment from one peer reviewer on our
discussion in the Background section for Atriplex coronata var.
notatior in the proposed revised rule regarding surveys for this taxon
along the San Jacinto River in 2000. The commenter stated that soil
amendments in this area since those surveys have impacted A. c. var.
notatior; therefore, these earlier surveys do not accurately represent
the current population status of this taxon.
Our Response: We acknowledge the comment and the information
provided as to activities that may have impacted populations of
Atriplex coronata var. notatior in proposed Unit 1-San Jacinto River.
As noted in the proposed rule, there have been no other comprehensive
surveys for this taxon since the time of listing to estimate current
population status. We used the best available information when
determining the areas that meet the definition of critical habitat. We
used a number of sources of information to define the boundaries for
proposed Unit 1-San Jacinto River based on the physical or biological
features essential to the conservation of this taxon, including, but
not limited to, the results from the survey conducted in 2000.
(5) Comment: Two peer reviewers provided comments regarding our
discussion in the Background section for Atriplex coronata var.
notatior in the proposed revised rule clarifying other co-occurring
native and nonnative Atriplex taxa as well as the seed viability of A.
c. var. notatior.
Our Response: We appreciate the information provided by the peer
reviewers regarding other Atriplex taxa and seed viability. As
appropriate, we have incorporated this information into sections of
this rule, and will similarly use this information in future actions
related to this taxon.
(6) Comment: One peer reviewer indicated that the PCEs for Atriplex
coronata var. notatior appeared to be accurately described.
Our Response: We appreciate the comment on this section of the
rule, which was revised from the previous proposed rule (2004) to
better reflect the PCEs for this taxon.
(7) Comment: Two peer reviewers provided comments on the Special
Management Considerations or Protection section of the proposed rule.
One reviewer indicated that the manure dumping along the San Jacinto
River should be more thoroughly discussed in the proposed rule, stating
that this activity is the greatest threat to Atriplex coronata var.
notatior. The second peer reviewer indicated that a more thorough
analysis of management considerations for both taxa should have been
included in this section, and that the critical habitat unit and
subunit descriptions should include more detail in order to evaluate
management issues within the units and subunits.
Our Response: We appreciate the concerns of the peer reviewers
relative to impacts to Atriplex coronata var. notatior from soil
amendment activities along the San Jacinto River. The issue of soil
amendments, including manure dumping, was discussed in the proposed
rule (Unit 1--San Jacinto River, 77 FR 23027-23028; April 17, 2012) and
in our 2008 and 2012 5-year reviews for A. c. var. notatior (Service
2008, pp. 6-10, 16; Service 2012b, pp. 17, 19). In our proposed rule,
we also provided a discussion of the specific threats for proposed
critical habitat units for A. c. var. notatior in our Proposed Revised
Critical Habitat Designation section (77 FR 23027--23029; September 11,
2012). A summary of these threats was provided in the Special
Management Considerations or Protection section of the proposed rule
(77 FR 23018; September 11, 2012). The peer reviewer's comment has also
been provided to Service biologists overseeing implementation of
conservation measures for A. c. var. notatior that are identified in
the Western Riverside County MSHCP.
(8) Comment: We received one comment on the Summary of Changes
section. The commenter noted our discussion of the transplantation of
some populations of Allium munzii within the proposed Subunit 2A-
Sycamore Creek and requested that the proposed designation describe
policies and procedures for allowing transplantation or reseeding of
both taxa and how they would meet the criteria for conserving both
these species and their habitats.
Our Response: In our proposed critical habitat rules, we generally
do not provide specifics on State laws or conservation measures
implemented for endangered plants as a result of previous section 7
consultations. A discussion of existing Federal and State regulatory
mechanisms for both taxa can be found in our final listing rule (63 FR
54975; October 13, 1998).
(9) Comment: Two peer reviewers commented on the maps included in
the proposed rule identifying the units and subunits of critical
habitat. Both reviewers recommended that the Service provide to the
peer reviewers more detailed overlays that better describe the proposed
revised critical habitat boundaries in order to better evaluate the
proposed areas.
Our Response: The maps in the proposed rule were prepared for
publication in the Federal Register, and were prepared in accordance
with Code of Federal Regulations (CFR) (at 50 CFR 17.94(b), 424.12(c),
and 424.16(b) and (c)(1)(ii)) for publishing textual and mapping
descriptions of proposed critical habitat boundaries in the Federal
Register. However, detailed spatial data for the critical habitat units
for these taxa and other endangered or threatened species within the
jurisdiction of the Carlsbad Fish and Wildlife Office are available to
the public in number of ways: (1) Through a zip file that can be
downloaded at our Web site, (2) by visiting the Field Office directly,
or (3) through a CD mailed directly to the requester. In the future, we
will notify peer reviewers of the locations of this more detailed
spatial
[[Page 22648]]
data during our peer review request process.
(10) Comment: Two peer reviewers provided comments expressing their
disappointment in the areas identified in the proposed rule for
consideration of exclusion within the Western Riverside County MSHCP
area as critical habitat, for both Allium munzii and Atriplex coronata
var. notatior. One peer reviewer stated that, as of 2012, 8 years after
the Western Riverside County MSHCP was signed, there was little real on
the ground conservation, protection, or management for A. c. var.
notatior. Another peer reviewer stated that the proposed designation
does not document how these plans would conserve or manage these
proposed critical habitat areas and does not address the issue of the
long-term viability of these proposed subunits, including maintaining
hydrological processes.
Our Response: As noted in our response to Comment 1 above, the
Secretary has the discretion to exclude an area from critical habitat
under section 4(b)(2) of the Act after taking into consideration the
economic impact, the impact on national security, and any other
relevant impacts if he determines that the benefits of such exclusion
outweigh the benefits of designating such area as critical habitat,
unless he determines that the exclusion would result in the extinction
of the species concerned. We concluded that the benefits of exclusion
outweigh the benefits of inclusion for lands covered under the Western
Riverside County MSHCP, the Rancho Bella Vista HCP, and the
Southwestern Riverside Multi-species Reserve Cooperative Management
Agreement. A detailed discussion for this determination is provided in
the Land and Resource Management Plans, Conservation Plans, or
Agreements Based on Conservation Partnerships section above.
Specifically, we noted in that section that three parcels of lands
within the proposed critical habitat designation for A. c. var.
notatior have been purchased since 2004, and have been incorporated
into the Western Riverside County MSHCP Reserve and, since 2004, only
10 ac (4 ha) of habitat in the Upper Salt Creek areas have been lost
(Service 2012a; Carlsbad Fish and Wildlife Office, GIS Analysis). These
actions provide support for the effectiveness of the Western Riverside
County MSHCP in reducing the threats to A. c. var. notatior and in
addressing the special management considerations or protections
necessary to ensure the long-term existence of the physical or
biological features essential to the conservation of this taxon.
In the case of plants such as Allium munzii and Atriplex coronata
var. notatior, we also consider that including conservation measures to
protect listed plants and their habitats in an HCP or other
conservation plan (where no Federal nexus exists) is voluntary. In
contrast to listed wildlife species, the Act does not prohibit take of
listed plants, and an incidental take permit under section 10 of the
Act is not required to authorize impacts to listed plants. For this
reason, we actively support and encourage the voluntary inclusion of
measures to protect listed plants and their habitats in an HCP or other
conservation plan by plan proponents. The prospect of potentially
avoiding a designation of critical habitat for a plant provides a
meaningful incentive to plan proponents to extend protections for
plants and their habitat under a conservation plan. Achieving
comprehensive, landscape-level protection for plant species, including
(1) narrow endemic plant species, such as A. munzii, and (2) those with
limited geographic distribution and specialized habitat and management
requirements, such as A. c. var. notatior, through their inclusion in
regional conservation plans, provides a key conservation benefit for
these taxa. Our consideration of the Western Riverside County MSHCP
under section 4(b)(2) of the Act acknowledges the voluntary, proactive
conservation measures undertaken by Riverside County to protect A.
munzii and A. c. var. notatior under this plan.
Also included in the Land and Resource Management Plans,
Conservation Plans, or Agreements Based on Conservation Partnerships
section above is a summary of the management actions defined in the
Western Riverside County MSHCP to be implemented for the two taxa that
provide for conservation of the physical or biological features
essential to the conservation of the taxa, including maintaining and
enhancing the floodplain processes of the San Jacinto River, Mystic
Lake and upper Salt Creek hydrological processes located within Unit
1--San Jacinto River and Unit 2--Upper Salt Creek for A. c. var.
notatior.
(11) Comment: One peer reviewer recommended that the proposed rule
should have provided greater consideration of populations of Atriplex
coronata var. notatior along the San Jacinto River floodplain that
occupy intact alkali habitat because of concerns regarding changes in
land uses in certain areas along the San Jacinto River. More
specifically, the populations that occur within the San Jacinto
Wildlife Area on these soils may provide an important seed source for
the lower portions of the San Jacinto River.
Our Response: We appreciate the comment and the recommendation for
proposed Unit 1--San Jacinto River. In defining the proposed critical
habitat boundaries for Unit 1--San Jacinto River unit, including the
area contained within the San Jacinto Wildlife Area, we evaluated the
physical or biological features essential to the conservation of
Atriplex coronata var. notatior, including PCE 2, the alkaline soils
(primarily the Willows soil series) that are found in this region, and
PCE 1, wetland habitat including floodplains and vernal pools. We
determined that Unit 1--San Jacinto River provides habitat and
hydrological conditions (PCE1b) that can serve as a potential seed
source for areas downstream from the San Jacinto Wildlife Areas. As
noted in our response to Comment 2 above, the identification of the
areas meeting the definition of critical habitat in the proposed
revised rule may not include all of the habitat that may eventually be
determined to be necessary for the recovery of A. c. var. notatior, and
critical habitat designations do not signal that habitat outside the
designation is unimportant or may not contribute to recovery of the
species. Areas outside the final revised critical habitat designation
will continue to be subject to conservation actions implemented under
section 7(a)(1) of the Act, regulatory protections afforded by the
section 7(a)(2) jeopardy standard, and the prohibitions of section 9 of
the Act.
(12) Comment: One peer reviewer stated that the [draft] economic
analysis of the proposed revised critical habitat designation should
have been provided concurrently with the publication of the proposed
rule.
Our Response: We published our proposed critical habitat rule in
accordance with regulations in effect at the time of publication (50
CFR 424.19). On August 24, 2012, Service and the National Marine
Fisheries Service published in the Federal Register a proposed rule to
amend our implementing regulations at 50 CFR 424.19 to clarify the
instructions for making information available to the public,
considering the impacts of critical habitat designations, and
considering exclusions from critical habitat (77 FR 51503). These
changes are being proposed as directed by the President's February 28,
2012, memorandum, which directed the Secretary of the Interior to
revise the regulations implementing the Act to provide that a DEA be
completed and
[[Page 22649]]
made available for public comment at the time of publication of a
proposed rule to designate critical habitat. That August 24, 2012,
proposed rule accepted public comments for 60 days, ending October 23,
2012. The comment period on the August 24, 2012, proposed rule was then
reopened from November 8, 2012, to February 6, 2013 (77 FR 66946;
November 8, 2012), to allow all interested parties additional time to
review and comment on that proposed rule. The proposed revised critical
habitat designation was developed prior to the publication of this
proposed amendment to our implementing regulations, and the proposed
amendment has not been finalized; therefore, we followed the past
practice of making available the DEA after the proposed designation of
critical habitat had published.
Public Comments
(13) Comment: We received one public comment during the first
comment period supporting the exclusion of lands from the critical
habitat designations on the basis of operative HCPs described in the
proposed rule as long as the plans are functioning properly and are
designed to achieve recovery goals, but the commenter noted that non-
permittees should not have this benefit. In addition, this commenter
suggested that the Service, in our exclusion analysis, should evaluate
whether a non-permittee can ``interfere'' with a permittee's ability to
achieve the HCP's conservation goals and objectives for Allium munzii
and Atriplex coronata var. notatior, asking whether the Service can
foresee any non-participating entities in the plan area with such
potential for interference. Further, the commenter suggested that our
exclusion determinations for these HCPs under section 4(b)(2) of the
Act should not focus on the Western Riverside County MSHCP Implementing
Agreement (which the commenter stated required the Federal Government
to exclude its covered areas from critical habitat designation), but
rather on an analysis that accounts for interfering actions of non-
permittees that holds permittees ``harmless'' against any additional
funding or mitigation for future critical habitat designations beyond
those already contained within the HCP.
Our Response: We appreciate the comment supporting our
consideration of exclusions under section 4(b)(2) of the Act based on
implementation of the Western Riverside County MSHCP and other
conservation plans and partnerships. In the Exclusions Based on Other
Relevant Impacts section of this rule, we discuss implementation of the
Western Riverside County MSHCP and other conservation plans and
partnerships, and the provisions in these plans that provide
significant benefits for the conservation of Allium munzii and Atriplex
coronata var. notatior and their habitats.
However, our analysis did not focus on the IA for the Western
Riverside County MSHCP, and we note that the IA, as described in the
public comment, does not require the Federal Government to exclude from
critical habitat those areas managed and controlled under this HCP.
Moreover, we cannot anticipate non-participating entities nor
reasonably conduct a specific analysis that accounts for potential
interfering actions of non-permittees and their non-covered activities
relative to implementation of the Western Riverside County MSHCP or
other HCPs that are described in the proposed rule. Under the IA, the
implementation responsibility of the Western Riverside County MSHCP is
held by the Western Riverside County Regional Conservation Authority
and the other permittees. In addition, the Service's Biological and
Conference Opinion for the issuance of the Western Riverside County
MSHCP permit under section 10(a)(1)(B) of the Act contains a provision
for reinitiation of consultation if, for example, new information
reveals effects of the agency action that may affect listed species or
critical habitat in a manner or to an extent not considered in the
opinion (Service 2004).
Comments From Local Agencies
(14) Comment: Two local agencies provided comment letters in the
first public comment period supporting our exclusion under section
4(b)(2) of the Act of all permittee-owned or controlled lands that fall
within the boundaries of the Western Riverside County MSHCP.
Specifically, one commenter supports the exclusions of lands within the
Western Riverside County MSHCP because it fosters important and
beneficial relationships for creating future HCPs for conserving
species habitat.
Our Response: We appreciate the comment supporting our
consideration of exclusions under section 4(b)(2) of the Act. The
Secretary may exercise his discretion to exclude an area from critical
habitat designation under section 4(b)(2) of the Act if he concludes
that the benefits of excluding an area outweigh the benefits of
designation. Areas are not excluded based solely on the existence of
management plans or other conservation measures; however, we
acknowledge the existence of a plan may reduce the benefits of
including an area in the critical habitat designation to the extent
that the protections provided under the plan may be comparable with
conservation benefits of the critical habitat designation. Moreover, in
some cases the benefits of exclusion in the form of sustaining and
encouraging partnerships that result in on the ground conservation of
listed species may outweigh the incremental benefits of inclusion. In
this case, we agree with the commenter that excluding areas covered by
the Western Riverside County MSHCP will foster our partnership. We have
weighed the benefits of exclusion against the benefits of inclusion for
lands covered by the Western Riverside County MSHCP, the Rancho Bella
Vista HCP, and the Southwestern Riverside County Multi-species Reserve
Cooperative Management Agreement, and the Secretary is exercising his
discretion to exclude these areas from final critical habitat
designation.
(15) Comment: One local agency stated that existing or proposed
drainage facilities operated and maintained by the Riverside County
Flood Control and Water Conservation District within permittee-owned or
-controlled lands within the boundaries of the Western Riverside County
MSHCP would be negatively impacted if included in the critical habitat
designation, and recommended that existing and proposed flood control
facilities should be clearly excluded as proposed critical habitat. The
commenter also stated that the existing manmade drainage features and
structures do not contain some or all of the PCEs essential to the
conservation of Allium munzii or Atriplex coronata var. notatior.
Our Response: As described above in the Criteria Used to Identify
Critical Habitat section, when determining critical habitat boundaries,
we made every effort to avoid including developed areas and related
infrastructure because these lands lack the physical or biological
features necessary for the conservation of Allium munzii and Atriplex
coronata var. notatior. To identify existing flood control features,
proposed critical habitat unit boundaries were determined at an
appropriate scale (1:4000 or less) using 2010 U.S. Department of
Agriculture (USDA) National Agriculture Imagery Program aerial
photography. No existing artificial canals are located within proposed
critical habitat units or subunits for A. munzii. For A. c. var.
notatior, we removed existing artificial canals when mapping proposed
critical habitat, to the extent practicable. Any such lands
[[Page 22650]]
that are inadvertently left inside the critical habitat boundaries due
to the scale of mapping required for publication in the Code of Federal
Regulations have been excluded by text in the proposed and final rules
and are not designated critical habitat. However, we are not
designating critical habitat for A. c. var. notatior. We did not
receive a map from this commenting agency identifying specific
locations of proposed flood control facilities.
(16) Comment: One local agency, a permittee of the Western
Riverside County MSHCP, stated that the plan provides several species-
specific, regional objectives to ensure the long-term conservation of
Allium munzii or Atriplex coronata var. notatior. In addition, the
commenter stated that because they and other permittees are subject to
applicable provisions of the plan, including the requirement to
contribute mitigation funding to help accomplish the regional
conservation objectives, they and other permittees will ensure that the
two plant taxa will be conserved on a regional basis as intended when
the Service authorized the final Western Riverside County MSHCP.
Our Response: As discussed in the Land and Resource Management
Plans, Conservation Plans, or Agreements Based on Conservation
Partnerships section of both the proposed revised rule and this final
revised rule, the Western Riverside County MSHCP provides a
comprehensive, habitat-based approach to the protection of covered
species, including Allium munzii and Atriplex coronata var. notatior,
by focusing on lands essential to the long-term conservation of the
covered species and appropriate management of those lands (Western
Riverside County Regional Conservation Authority et al. 2003, p. 51).
In addition, the Western Riverside County MSHCP includes management
actions and specific conservation objectives for both A. munzii and A.
c. var. notatior. We agree with the commenter's conclusion that these
objectives were based on a landscape-level approach to conservation and
management, and provide ongoing protection and monitoring to these taxa
and their habitats that benefit their long-term conservation. We have
determined that the benefits of exclusion outweigh the benefits of
inclusion for permittee-owned or -controlled lands within the Western
Riverside County MSHCP boundaries, and the Secretary is exercising his
discretion to exclude lands these areas from final critical habitat
designation.
(17) Comment: Two local agencies stated that designating new
critical habitat within the Western Riverside County MSHCP boundaries
for Allium munzii or Atriplex coronata var. notatior would create
duplicative regulatory efforts or redundant regulation with negligible,
if any, benefits to the two taxa. Further, one of these commenters
indicated that designating critical habitat for A. munzii or A. c. var.
notatior within the Western Riverside County MSHCP area would undermine
future support of this HCP, while excluding these lands fosters
important and beneficial relationships for creating and implementing
HCPs that conserve species and their habitats.
Our Response: We appreciate the comments and have considered them
in our analysis under section 4(b)(2) of the Act of the areas covered
by the Western Riverside County MSHCP. In this final rule, we have
determined that the benefits of exclusion outweigh the benefits of
inclusion for lands covered by the Western Riverside County MSHCP, the
Rancho Bella Vista HCP, and the Southwestern Riverside County Multi-
species Reserve Cooperative Management Agreement, and the Secretary is
exercising his discretion to exclude these areas from final critical
habitat designation. Please see the discussion in the Exclusions Based
on Other Relevant Impacts section.
(18) Comment: Two local agencies provided comments specific to the
IA for the Western Riverside County MSHCP. One commenter cited section
14.10 of the IA, which states, in part, that ``The USFWS agrees that,
to the maximum extent allowable after public review and comment, in the
event that a Critical Habitat determination is made for any Covered
Species Adequately Covered, and unless the USFWS finds that the MSHCP
is not being implemented, lands within the boundaries of the MSHCP will
not be designated as Critical Habitat.'' The other commenter stated the
IA prohibits the Service from changing its position, and changed
conditions do not exist nor have any changed conditions been cited by
the Service since 2005 that would necessitate or allow the Service to
now designate critical habitat for the two taxa on Western Riverside
County MSHCP lands.
Our Response: The IA does not preclude critical habitat designation
within the plan area (Dudek 2003, p. 6-109; Western Riverside County
RCA et al. 2003, p. 51). Consistent with our commitment under the IA,
and after public review and comment on the proposed revised rule to
designate critical habitat for Allium munzii and Atriplex coronata var.
notatior, we performed a balancing analysis for the areas covered by
the Western Riverside County MSHCP under section 4(b)(2) of the Act. We
determined through our analysis that the benefits of excluding lands
owned and controlled by permittees under the Western Riverside County
MSHCP outweigh the benefits of designating these areas, and the
Secretary is exercising his discretion to exclude these areas from
critical habitat designation. (See the discussion in Land and Resource
Management Plans, Conservation Plans, or Agreements Based on
Conservation Partnerships section above for a detailed discussion of
this exclusion analysis).
(19) Comment: One local agency commented that if new critical
habitat was designated in Riverside County, the final rule should
provide clear guidance related to section 7 consultations that provides
written documentation of compliance with the Western Riverside County
MSHCP from a permittee so as to allow the Service to either make a ``no
effect'' determination or consult informally and in streamlined manner
with the permittee. The commenter added that additional mitigation
beyond that required by the Western Riverside County MSHCP should not
be required.
Our Response: In this final rule, we have designated revised
critical habitat in Riverside County only for Allium munzii, Elsinore
Peak Unit, which is within the general boundaries of the previous
designation at this location (70 FR 33015; June 7, 2005). As noted in
the Final Critical Habitat Designation section above, 35.3 ac (14.3 ha)
of the Elsinore Peak Unit, or about 36 percent, are owned and managed
by the California State Lands Commission. The remaining 63.1 ac (25.5
ha) are owned and managed by the U.S. Forest Service. Neither of these
agencies are permittees of the Western Riverside County MSHCP. As noted
in our FEA, any future section 7 consultations would likely only apply
to activities on Federal lands (IEC 2012, pp. 4-5 (Exhibit 4-3), 4-9--
4-10, 4-11).
(20) Comment: One local agency urged the Service to exclude all
areas covered by the Western Riverside County MSHCP from designation of
critical habitat for Allium munzii and Atriplex coronata var. notatior
based on protections afforded the two taxa and their habitat by
provisions contained within the Western Riverside County MSHCP. The
commenter submitted text from the Western Riverside County MSHCP
summarizing the landscape-level conservation, site-specific
considerations for known locations of these species, and species-
specific
[[Page 22651]]
management considerations for other locations in support of the plan's
ability to provide superior and comprehensive protections for A. munzii
or A. c. var. notatior and their habitats.
Our Response: See our response to Comments 10 and 14 above.
(21) Comment: One local agency stated that they agree with the
Service's prior assessments of exclusion of critical habitat for the
two taxa (proposed and final critical habitat rules) noting that the
Service has already found that the Western Riverside County MSHCP is
sufficient for the conservation and recovery of the two taxa in these
assessments, and that excluding the Western Riverside County MSHCP area
is consistent with these prior exclusions of areas within the MSHCP for
numerous other species' critical habitat designations.
Our Response: Section 4(b)(2) of the Act requires us to make
critical habitat decisions on the basis of the best available
scientific and commercial information at the time the rule is made.
Therefore, when designating critical habitat, if the Secretary
exercises his discretion to conduct a weighing analyses under section
4(b)(2) of the Act, it is based on the best scientific and commercial
information then available, not on decisions made in previous critical
habitat rules. As described in our Criteria Used to Identify Critical
Habitat section above, in determining which areas meet the definition
of critical habitat, we considered information provided in our 5-year
reviews for Allium munzii and Atriplex coronata var. notatior; CNDDB
records; reports submitted during consultations under section 7 of the
Act; analyses for individual and regional HCPs where A. munzii and A.
c. var. notatior are covered species; data collected from reports
submitted by researchers holding recovery permits under section
10(a)(1)(A) of the Act; information received from local species
experts; published and unpublished papers, reports, academic theses, or
surveys; GIS data (such as species population and location data, soil
data, land use, topography, aerial imagery, and ownership maps); and
previous peer review comments and other correspondence with the Service
from recognized experts, some of which has have been published since
the 2005 critical habitat designations.
(22) Comment: One local agency referenced a letter from the Pacific
Southwest Regional Director (dated May 21, 2011) to the Western
Riverside County RCA, quoting from the letter that ``no critical
habitat will be designated within the MSHCP unless there are compelling
reasons . . .'' The commenter states that there is no compelling reason
for designating critical habitat for Allium munzii or Atriplex coronata
var. notatior within the boundaries of the Western Riverside County
MSHCP because the plan and its IA are being implemented and provide
protections for the species and their habitat within the plan area.
Our Response: The Western Riverside County MSHCP and its IA
indicate that exclusion of permittee-owned and -controlled lands from
critical habitat is likely, but these are not guaranteed assurances. As
described in a recent court decision (Bear Valley Mutual Water Co. et
al. v. Salazar et al., SACV 11-01263 (C.D. Cal., decided October 17,
2012)), if these assurances were construed to be so rigid, then they
might be beyond the Service's authority because this interpretation
would excuse the Service's congressionally mandated duty under section
4 of the Act. Regardless, we have weighed the benefits of exclusion
against the benefits of inclusion for lands covered by the Western
Riverside County MSHCP, and, based on the discussion of the Western
Riverside County MSHCP under the Land and Resource Management Plans,
Conservation Plans, or Agreements Based on Conservation Partnerships,
the Secretary is exercising his discretion to exclude lands covered by
the Western Riverside County MSHCP from final critical habitat
designation.
(23) Comment: One local agency stated that if areas in Riverside
County are included in the final revised critical habitat rule, an
economic analysis should evaluate both tangible and intangible economic
costs associated with the conflicts between the final rule and approved
Western Riverside County MSHCP.
Our Response: As described in the Final Critical Habitat
Designation section of this final rule, we are designating critical
habitat only for Allium munzii on lands that are owned and managed by
non-permittees of the Western Riverside County MSHCP. In addition, we
determined in our FEA (IEC 2012b) that any economic costs for critical
habitat designations for either taxon would be restricted to
administrative costs for any new or reinitiated consultations.
(24) Comment: One local agency that maintains and operates a
supplemental public water supply system for the southern California
coastal plain expressed concern over our proposed designation and
likely effects to its operation of water transmission and storage
facilities on or adjacent to areas proposed as critical habitat for
Allium munzii and Atriplex coronata var. notatior. The commenter stated
that the repair and maintenance of these facilities will require access
to areas identified in the proposed critical habitat designation in
order to maintain safe and efficient operation of the system.
Therefore, the agency requested that we exclude all lands covered by
the Western Riverside County MSHCP, the Southwestern Riverside County
MSHCP, and the Lake Mathews MSHCP/NCCP within the following unit and
subunits: Subunit 4B--Skunk Hollow, Subunit 4C--Bachelor Mountain, and
Unit 5--North Domenigoni Hills for A. munzii, and Unit 1--San Jacinto
River and Unit 2--Upper Salt Creek for A. c. var. notatior.
Our Response: We appreciate the information provided by the agency
regarding its mission and need for access to maintain and operate this
public water supply system. In this final rule, we have weighed the
benefits of exclusion against the benefits of inclusion for lands
covered by the Western Riverside County MSHCP and the Southwestern
Riverside County Multi-species Reserve Cooperative Management
Agreement, and the Secretary is exercising his discretion to exclude
lands within these areas from final critical habitat designation (see
our analysis in the Land and Resource Management Plans, Conservation
Plans, or Agreements Based on Conservation Partnerships section of this
rule). This exclusion includes all of the proposed critical habitat
units and subunits for Allium munzii and Atriplex coronata var.
notatior identified in the agency's comment.
(25) Comment: One local agency requested that we exempt all of a
public agency's operational rights-of-way from our critical habitat
designation process based on their need to maintain and operate a
public water supply system.
Our Response: Under the Act, exemptions from critical habitat are
provided only under section 4(a)(3). Specifically, the National Defense
Authorization Act for Fiscal Year 2004 (Pub. L. 108-136) amended the
Act to limit areas eligible for designation as critical habitat.
Section 4(a)(3)(B)(i) of the Act (16 U.S.C. 1533(a)(3)(B)(i)) provides:
``The Secretary shall not designate as critical habitat any lands or
other geographical areas owned or controlled by the Department of
Defense, or designated for its use, that are subject to an integrated
natural resources management plan prepared under section 101 of the
Sikes Act (16 U.S.C. 670a), if the Secretary determines in writing that
such plan provides a benefit to the species for which critical
[[Page 22652]]
habitat is proposed for designation.'' The lands requested for
exemption do not fall within this definition. However, the rights-of-
way areas identified by the public agency are within areas that are
being excluded (not exempted) from final critical habitat designation
(see our response to Comment 24).
(26) Comment: One local agency commented on the September 11, 2012,
publication (77 FR 55788) regarding our correction in elevation for
PCEs 2(i)(B) and (2)(ii) for Allium munzii, particularly its
relationship to our proposed critical habitat designation of Elsinore
Peak Unit (Unit 3--Elsinore Peak of the proposed rule). The agency
stated that the September 11, 2012, publication (77 FR 55788) revised
the previously reported boundaries for the unit, and requested that
these ``newly identified lands'' be considered for exclusion based on
previous comments provided for the April 17, 2012, proposed rule (77 FR
23008).
Our Response: The September 11, 2012, publication did not revise
the boundaries of any proposed critical habitat units or subunits for
Allium munzii (77 FR 55790). The proposed revision only provided a
correction to the textual description of the upper elevation for these
two PCEs. The proposed Elsinore Peak Unit (Unit 3) boundary did not
change as a result of this correction. As to the comment requesting
consideration for exclusion of the Elsinore Peak Unit (based on
comments previously submitted by this commenter regarding the Western
Riverside County MSHCP, see Comments 14, 17, and 20 above), we
indicated in our proposed rule that Elsinore Peak Unit (Unit 3)
contains lands owned and managed by the U.S. Forest Service or the
California State Lands Commission. As discussed in the Final Critical
Habitat Designation section (for A. munzii) of this final rule, the
U.S. Forest Service and the State Lands Commission are not permittees
under the Western Riverside County MSHCP; therefore, land use
activities implemented by these entities are not considered covered
activities under the plan. Only discretionary actions under the control
of a permittee are covered activities under the Western Riverside
County MSHCP. In addition, the lands owned and managed by the State
Lands Commission within this critical habitat unit are not included as
part of the conceptual reserve design of the Western Riverside County
MSHCP. In this final rule, we have not excluded areas within Elsinore
Peak Unit from critical habitat designation under section 4(b)(2) of
the Act.
Public Comments on the Draft Economic Analysis
(27) Comment: One local agency commented on our discussion of clay
mining activities and protections afforded to Allium munzii under the
Western Riverside County MSHCP (see DEA (IEC 2012a, pp. 3-5-3-6, 4-1)
and 77 FR 55791, September 11, 2012). The commenter disagreed with our
determination that there is some dispute as to whether local permittees
have jurisdiction over clay mining for the plan as described in our
DEA. The commenter stated that clay mining in new areas not subject to
vested rights is covered by the Western Riverside County MSHCP through
the local jurisdictions' discretionary authority for reviewing those
mining activities.
Our Response: As described in section 3.3 of the DEA, the analysis
assumes mining activities will be covered under the Western Riverside
County MSHCP in cases where local jurisdictions within the plan area
require land use permits. This is consistent with the statement
provided in the comment. Any new mining operation proposed within lands
covered by the Western Riverside County MSHCP would be required to go
through Riverside County's review process and would be subject to the
provisions of the Western Riverside County MSHCP. However, entities who
have existing permits are considered exempt from the requirements of
the Western Riverside County MSHCP. It is our understanding that
Riverside County will make the determination as to the appropriate
category for a mining operation. Regardless, the DEA finds that future
mining activity is unlikely to occur within proposed critical habitat
and does not estimate any incremental impacts to mining activities as a
result of critical habitat designation. The FEA includes a note in
response to this comment indicating that, in most cases, clay mining is
expected to be a covered activity under the Western Riverside County
MSHCP (IEC 2012b, p. 3-6).
(28) Comment: One local agency stated that the final rule should
consider our determination in the DEA that critical habitat designation
in Elsinore Peak Unit (proposed Unit 3--Elsinore Peak) (which the
commenter stated contains some Federal lands and California State Land
Commission lands outside the jurisdiction of the Western Riverside
County MSHCP) would not change the outcome of anticipated consultations
for ORV regulation or U.S. Forest Service land management plans. The
commenter stated that the Service should find that there is no benefit
to designating lands within Elsinore Peak Unit as critical habitat for
Allium munzii.
Our Response: As a point of clarification to this comment, all
lands within the Elsinore Peak Unit are owned and managed by either the
U.S. Forest Service or the State Lands Commission. As for our
determination of critical habitat designation for Elsinore Peak Unit,
please see our response to Comment 26 and discussion in this final rule
under the Final Critical Habitat Designation section.
(29) Comment: One local agency commented on our determination of
administrative costs for future section 7 consultations within areas
covered by the Western Riverside County MSHCP. Specifically, the
commenter cited our discussions in the DEA regarding the need for
reinitiation of our biological opinion for the Western Riverside County
MSHCP, our costs for this reinitiation, and our factoring of these
costs into the incremental costs for the proposed critical habitat
designations. The commenter stated that these monetary costs add
needless red tape and waste where an existing plan (that is, the
Western Riverside County MSHCP) already conserves habitat in the same
manner provided under section 7 consultations, and therefore adequately
protects Allium munzii and Atriplex coronata var. notatior.
Our Response: The commenter is correct that the DEA estimates
solely administrative impacts associated with the designation of
proposed revised critical habitat for both taxa. The DEA notes in
section 3.3 that lands subject to the Western Riverside County MSHCP
were then being considered for exclusion as a result of the baseline
protections afforded the plants. See our responses to Comments 10 and
14 above regarding our exclusion analysis for the Western Riverside
County MSHCP.
(30) Comment: One local agency commented specifically on the DEA
discussion of section 7 consultation requirements (Appendix C). The
commenter stated that designating critical habitat will essentially
result in no change to the consultation process in the proposed
critical habitat units because all units are considered occupied and
because Federal agencies and project proponents are already required to
consult with the Service to ensure actions ``authorized, funded, or
carried out will not jeopardize the continued existence of'' Allium
munzii and Atriplex coronata var. notatior.
Our Response: The commenter is correct that conservation measures
requested by the Service following the designation of critical habitat
are, in most cases, likely to be substantially the
[[Page 22653]]
same as those requested under the baseline (IEC 2012a, p. 4-2).
However, the DEA states that a conservative approach was taken to
capture a small level of uncertainty in future consultations where a
more extensive effort may be necessary to ensure that a project avoids
adverse modification of critical habitat (IEC 2012a, p. ES-8). This
would result in an overestimation of these costs (IEC 2012a, p. 4-19).
Nevertheless, the DEA (IEC 2012a, p. 4-8) states that the assumption
was made that the outcome of a section 7 consultation is unlikely to be
affected by the presence of critical habitat, and that direct
incremental impacts are likely to be limited to minor administrative
costs associated with addressing adverse modification in section 7
consultations.
(31) Comment: One local agency commented on our determination of
actions that might trigger an analysis of adverse modification versus
those that might be required as ``additional conservation measures'' in
a section 7 consultation. The commenter stated that our identification
of these potential adverse modification actions should be more than
speculation. Further, the commenter stated that the identified
conservation measures are already being implemented under the
requirements of the Western Riverside County MSHCP. The commenter
therefore believes that the final rule should indicate that there is no
benefit to designating critical habitat in the Western Riverside County
MSHCP area and that the Western Riverside County MSHCP area should be
excluded from the critical habitat designations for both Allium munzii
and Atriplex coronata var. notatior.
Our Response: Our determination of actions that may require an
adverse modification analysis under section 7(a)(2) of the Act are not
speculative. We evaluated threats that may require special management
considerations or protection of the physical or biological features for
both taxa (see the Critical Habitat section above) to identify these
activities.
Section 3.3 of the DEA lists general conservation efforts
undertaken for activities covered by the Western Riverside County
MSHCP, including those described in the comment. The overlap in
conservation efforts required by the Western Riverside County MSHCP and
those potentially recommended to avoid adverse modification of critical
habitat leads to the conclusion in the DEA that critical habitat will
have a limited incremental impact on activities covered by the Western
Riverside County MSHCP.
We have weighed the benefits of exclusion against the benefits of
inclusion for lands covered by the Western Riverside County MSHCP.
Based on the discussion of the Western Riverside County MSHCP under the
Land and Resource Management Plans, Conservation Plans, or Agreements
Based on Conservation Partnerships section of this rule, the Secretary
is exercising his discretion to exclude lands covered by the Western
Riverside County MSHCP from final critical habitat designation.
Required Determinations
Regulatory Planning and Review--Executive Orders 12866 and 13563
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) will review all significant rules. The OIRA
has determined that this rule is not significant.
Executive Order 13563 reaffirms the principles of Executive Order
12866 while calling for improvements in the nation's regulatory system
to promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. The executive order directs agencies to consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public where these approaches are relevant, feasible,
and consistent with regulatory objectives. Executive Order 13563
emphasizes further that regulations must be based on the best available
science and that the rulemaking process must allow for public
participation and an open exchange of ideas. We have developed this
rule in a manner consistent with these requirements.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.),
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996 (5 U.S.C 801 et seq.), whenever an agency must publish
a notice of rulemaking for any proposed or final rule, it must prepare
and make available for public comment a regulatory flexibility analysis
that describes the effects of the rule on small entities (small
businesses, small organizations, and small government jurisdictions).
However, no regulatory flexibility analysis is required if the head of
an agency certifies the rule will not have a significant economic
impact on a substantial number of small entities. The SBREFA amended
the RFA to require Federal agencies to provide a certification
statement of the factual basis for certifying that the rule will not
have a significant economic impact on a substantial number of small
entities. Because no critical habitat is being designated for Atriplex
coronata var. notatior, we are certifying that the final critical
habitat determination for that taxon will not have a significant
economic impact on a substantial number of small entities.
Additionally, in this final rule, we are certifying that the critical
habitat designation for Allium munzii will not have a significant
economic impact on a substantial number of small entities. The
following discussion explains our rationale.
According to the Small Business Administration, small entities
include small organizations, such as independent nonprofit
organizations; small governmental jurisdictions, including school
boards and city and town governments that serve fewer than 50,000
residents; as well as small businesses. Small businesses include
manufacturing and mining concerns with fewer than 500 employees,
wholesale trade entities with fewer than 100 employees, retail and
service businesses with less than $5 million in annual sales, general
and heavy construction businesses with less than $27.5 million in
annual business, special trade contractors doing less than $11.5
million in annual business, and agricultural businesses with annual
sales less than $750,000. To determine if potential economic impacts on
these small entities are significant, we consider the types of
activities that might trigger regulatory impacts under this rule, as
well as the types of project modifications that may result. In general,
the term ``significant economic impact'' is meant to apply to a typical
small business firm's business operations.
To determine if the rule could significantly affect a substantial
number of small entities, we consider the number of small entities
affected within particular types of economic activities (for example,
development, agricultural operations, transportation, fire management,
mining, recreational activities, flood control, and utilities). We
apply the ``substantial number'' test individually to each industry to
determine if certification is appropriate. However, the SBREFA does not
explicitly define ``substantial number'' or ``significant economic
impact.'' Consequently, to assess whether a ``substantial number'' of
small entities is affected by this designation, this analysis considers
the relative number of small entities likely to be impacted in an area.
In some circumstances, especially with critical habitat
[[Page 22654]]
designations of limited extent, we may aggregate across all industries
and consider whether the total number of small entities affected is
substantial. In estimating the number of small entities potentially
affected, we also consider whether their activities have any Federal
involvement.
Designation of critical habitat only affects activities authorized,
funded, or carried out by Federal agencies. Some kinds of activities
are unlikely to have any Federal involvement and so will not be
affected by critical habitat designation. In areas where the species is
present, Federal agencies already are required to consult with us under
section 7 of the Act on activities they authorize, fund, or carry out
that may affect Allium munzii and Atriplex coronata var. notatior.
Federal agencies also must consult with us if their activities may
affect critical habitat. Designation of critical habitat, therefore,
could result in an additional economic impact on small entities due to
the requirement to reinitiate consultation for ongoing Federal
activities (see Application of the ``Adverse Modification'' Standard
section).
In our FEA of the critical habitat designation, we evaluated the
potential economic effects on small business entities resulting from
conservation actions related to the incremental impacts of the
designation of critical habitat for Allium munzii. The analysis is
based on the estimated incremental impacts associated with the
rulemaking as described in Chapters 1 through 4 and Appendix A of the
analysis and evaluates the potential for economic impacts related to:
(1) Development, (2) agricultural operations, (3) transportation, (4)
fire management, (5) mining, and (6) recreational activities.
For Allium munzii, our FEA estimated incremental administrative
costs for section 7 consultations to review projects covered by
existing conservation plans; re-initiated programmatic consultations
for all existing conservation plans and agreements; one new formal
consultation with the U.S. Forest Service; and one programmatic
consultation for revisions to the Cleveland National Forest Land
Management Plan Strategy (IEC 2012b, p. A-4). The FEA determined that
the following activities are not expected to affect small entities: (1)
Review of projects covered by existing conservation plans, (2) re-
initiations of three existing conservation plans and agreements, and
(3) section 7 consultations involving the U.S. Forest Service (IEC
2012, p. A-4-A-6). However, incremental impacts associated with the
remaining re-initiation of section 7 consultation for the Western
Riverside County MSHCP may be borne by small entities, and thus were
the focus of the FEA threshold analysis.
The FEA presented information on both the number of small entities
that may be affected and the magnitude of the expected impacts. Total
third-party costs to the 24 permittees of the Western Riverside County
MSHCP for re-initiating the consultation of the Western Riverside
County MSHCP were estimated at $6,900 (IEC 2012b, p. ES-18). If those
costs are spread across all 24 permittees, the per-entity one-time
impact is $270 (IEC 2012b, p. A-8). This is not anticipated to present
a significant impact to any of the seven small jurisdictions. Even if
we applied the most conservative assumption that all of the third-party
costs are borne by a single small entity, the one-time impact is 0.2
percent of reported annual revenues (IEC 2012b, p. A-8).
In summary, we considered whether this designation would result in
a significant economic impact on a substantial number of small
entities. Based on the above reasoning and information in the economic
analysis, we are certifying that the designation of critical habitat
for Allium munzii will not have a significant economic impact on a
substantial number of small entities, and a regulatory flexibility
analysis is not required.
Energy Supply, Distribution, or Use--Executive Order 13211
Executive Order 13211 (Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use) requires
agencies to prepare Statements of Energy Effects when undertaking
certain actions. OMB has provided guidance for implementing this
Executive Order that outlines nine outcomes that may constitute ``a
significant adverse effect'' when compared to not taking the regulatory
action under consideration. Our FEA states that the designation of
critical habitat for Allium munzii is anticipated to result in minor
third-party administrative costs of $875 to Southern California Edison
(IEC 2012b, p. A-10). This impact is unlikely to increase the cost of
energy distribution in excess of one percent.
Thus, based on information in the economic analysis, energy-related
impacts associated with Allium munzii conservation activities within
critical habitat are not expected. As such, the designation of critical
habitat for this species is not expected to significantly affect energy
supplies, distribution, or use. Because we are not designating any
critical habitat for Atriplex coronata var. notatior, the final
critical habitat determination for this taxon will not affect energy
supplies, distribution, or use. Therefore, this action is not a
significant energy action, and no Statement of Energy Effects is
required.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.), we make the following findings:
(1) This rule will not produce a Federal mandate. In general, a
Federal mandate is a provision in legislation, statute, or regulation
that would impose an enforceable duty upon State, local, or tribal
governments, or the private sector, and includes both ``Federal
intergovernmental mandates'' and ``Federal private sector mandates.''
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal
intergovernmental mandate'' includes a regulation that ``would impose
an enforceable duty upon State, local, or tribal governments'' with two
exceptions. It excludes ``a condition of Federal assistance.'' It also
excludes ``a duty arising from participation in a voluntary Federal
program,'' unless the regulation ``relates to a then-existing Federal
program under which $500,000,000 or more is provided annually to State,
local, and tribal governments under entitlement authority,'' if the
provision would ``increase the stringency of conditions of assistance''
or ``place caps upon, or otherwise decrease, the Federal Government's
responsibility to provide funding,'' and the State, local, or tribal
governments ``lack authority'' to adjust accordingly. At the time of
enactment, these entitlement programs were: Medicaid; Aid to Families
with Dependent Children work programs; Child Nutrition; Food Stamps;
Social Services Block Grants; Vocational Rehabilitation State Grants;
Foster Care, Adoption Assistance, and Independent Living; Family
Support Welfare Services; and Child Support Enforcement. ``Federal
private sector mandate'' includes a regulation that ``would impose an
enforceable duty upon the private sector, except (i) a condition of
Federal assistance or (ii) a duty arising from participation in a
voluntary Federal program.''
The designation of critical habitat does not impose a legally
binding duty on non-Federal Government entities or private parties.
Under the Act, the only regulatory effect is that Federal agencies must
ensure that their actions do not adversely modify critical habitat
under section 7. While non-Federal entities
[[Page 22655]]
that receive Federal funding, assistance, or permits, or that otherwise
require approval or authorization from a Federal agency for an action,
may be indirectly impacted by the designation of critical habitat, the
legally binding duty to avoid adverse modification of critical habitat
rests squarely on the Federal agency. Furthermore, to the extent that
non-Federal entities are indirectly impacted because they receive
Federal assistance or participate in a voluntary Federal aid program,
the Unfunded Mandates Reform Act would not apply, nor would critical
habitat shift the costs of the large entitlement programs listed above
onto State governments.
(2) We do not believe that this rule will significantly or uniquely
affect small governments because it would not produce a Federal mandate
of $100 million or greater in any year; that is, it is not a
``significant regulatory action'' under the Unfunded Mandates Reform
Act. The FEA concludes incremental impacts may occur due to
administrative costs of section 7 consultations for development,
transportation, and flood control projects; however, none of the
entities potentially affected are considered to be small governments.
Consequently, we do not believe that the critical habitat designation
will significantly or uniquely affect small government entities. As
such, a Small Government Agency Plan is not required.
Takings--Executive Order 12630
In accordance with Executive Order 12630 (Government Actions and
Interference with Constitutionally Protected Private Property Rights),
we have analyzed the potential takings implications of designating
critical habitat for Allium munzii in a takings implications
assessment. Because we are not designating critical habitat in this
final rule for Atriplex coronata var. notatior, we did not include an
analysis for this taxon in the takings implications assessment. As
discussed above, the designation of critical habitat affects only
Federal actions. Although private parties that receive Federal funding,
assistance, or require approval or authorization from a Federal agency
for an action may be indirectly impacted by the designation of critical
habitat, the legally binding duty to avoid adverse modification of
critical habitat rests squarely on the Federal agency. The takings
implications assessment concludes that this designation of critical
habitat for A. munzii does not pose significant takings implications
for lands within or affected by the designation.
Federalism--Executive Order 13132
In accordance with Executive Order 13132 (Federalism), this rule
does not have significant Federalism effects. A federalism impact
summary statement is not required. In keeping with Department of the
Interior and Department of Commerce policy, we requested information
from, and coordinated development of, this critical habitat designation
with appropriate State resource agencies in California. We did not
receive any comments from these agencies. Because we are not
designating critical habitat in this final rule for Atriplex coronata
var. notatior, the final critical habitat determination for this taxon
will not impose any restrictions additional to those currently in
place. The designation of critical habitat in areas currently occupied
by Allium munzii is not expected to impose additional restrictions to
those currently in place and, therefore, has little incremental impact
on State and local governments and their activities. The designation of
critical habitat for A. munzii may have some benefit to these
governments in that the areas that contain the physical or biological
features essential to the conservation of the species are more clearly
defined, and the elements of the features of the habitat necessary to
the conservation of the species are specifically identified. This
information does not alter where and what federally sponsored
activities may occur. However, it may assist local governments in long-
range planning.
Where State and local governments require approval or authorization
from a Federal agency for actions that may affect critical habitat,
consultation under section 7(a)(2) would be required. While non-Federal
entities that receive Federal funding, assistance, or permits, or that
otherwise require approval or authorization from a Federal agency for
an action, may be indirectly impacted by the designation of critical
habitat, the legally binding duty to avoid adverse modification of
critical habitat rests squarely on the Federal agency.
Civil Justice Reform--Executive Order 12988
In accordance with Executive Order 12988 (Civil Justice Reform),
the Office of the Solicitor has determined that the rule does not
unduly burden the judicial system and that it meets the applicable
standards set forth in sections 3(a) and 3(b)(2) of the Order. We are
designating critical habitat in accordance with the provisions of the
Act. The final critical habitat designation for Allium munzii is
defined by the map or maps, as modified by any accompanying regulatory
text, and identifies the elements of physical or biological features
essential to the conservation of A. munzii within the designated areas
to assist the public in understanding the habitat needs of the species.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not contain any new collections of information that
require approval by OMB under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). This rule will not impose recordkeeping or
reporting requirements on State or local governments, individuals,
businesses, or organizations. An agency may not conduct or sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
It is our position that, outside the jurisdiction of the U.S. Court
of Appeals for the Tenth Circuit, we do not need to prepare
environmental analyses pursuant to the National Environmental Policy
Act (NEPA; 42 U.S.C. 4321 et seq.) in connection with designating
critical habitat under the Act. We published a notice outlining our
reasons for this determination in the Federal Register on October 25,
1983 (48 FR 49244). This position was upheld by the U.S. Court of
Appeals for the Ninth Circuit (Douglas County v. Babbitt, 48 F.3d 1495
(9th Cir. 1995), cert. denied 516 U.S. 1042 (1996)).
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994
(Government-to-Government Relations with Native American Tribal
Governments; 59 FR 22951), Executive Order 13175 (Consultation and
Coordination With Indian Tribal Governments), and the Department of the
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. In accordance with
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights,
Federal-Tribal Trust Responsibilities, and the Endangered Species Act),
we readily acknowledge our responsibilities to work directly with
tribes in developing programs for healthy ecosystems, to acknowledge
that tribal lands are not subject to the same controls as Federal
public lands, to remain sensitive to Indian culture, and
[[Page 22656]]
to make information available to tribes. We determined that there are
no tribal lands within the geographical area occupied by Allium munzii
or Atriplex coronata var. notatior at the time of listing that contain
the physical or biological features essential to the conservation of
the taxa, and no tribal lands outside the geographical area occupied by
A. munzii and A. c. var. notatior at the time of listing that are
essential for the conservation of the two taxa. Therefore, we are not
designating critical habitat for A. munzii on tribal lands. No critical
habitat is designated for A. c. var. notatior in this final rule.
References Cited
A complete list of all references cited is available on the
Internet at http://www.regulations.gov and upon request from the Field
Supervisor, Carlsbad Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Authors
The primary authors of this rulemaking are the staff members of the
Carlsbad Fish and Wildlife Office, Pacific Southwest Region, U.S. Fish
and Wildlife Service.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the Code of Federal Regulations, as set forth below:
PART 17--[AMENDED]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407, 1531-1544, and 4201-4245; Pub.
L. 99-625, 100 Stat. 3500; unless otherwise noted.
0
2. Amend Sec. 17.12(h) by revising the entry for ``Allium munzii''
under ``FLOWERING PLANTS'' in the List of Endangered and Threatened
Plants to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
------------------------------------------------------ Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
FLOWERING PLANTS
* * * * * * *
Allium munzii................... Munz's onion....... U.S.A. (CA)....... Alliaceae.......... E.......... 650 17.96 (a) NA
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
0
3. Amend Sec. 17.96(a) as follows:
0
a. Under Family Liliaceae, remove the designation of critical habitat
for ``Allium munzii (Munz's onion)''; and
0
b. Add Family Alliaceae and a designation of critical habitat for
``Allium munzii (Munz's onion)''.
The addition reads as follows:
Sec. 17.96 Critical habitat--plants.
(a) * * *
Family Alliaceae: Allium munzii (Munz's onion)
(1) Critical habitat units are depicted for Riverside County,
California, on the maps below.
(2) Within these areas, the primary constituent elements of the
physical or biological features essential to the conservation of Allium
munzii consist of two components:
(i) Clay soil series of sedimentary origin (for example, Altamont,
Auld, Bosanko, Porterville), clay lenses (pockets of clay soils) of
those series that may be found as unmapped inclusions in other soil
series, or soil series of sedimentary or igneous origin with a clay
subsoil (for example, Cajalco, Las Posas, Vallecitos):
(A) Found on level or slightly sloping landscapes or terrace
escarpments;
(B) Generally between the elevations of 1,200 to 3,500 ft (366 to
1,067 m) above mean sea level;
(C) Within intact natural surface and subsurface structures that
have been minimally altered or unaltered by ground-disturbing
activities (for example, disked, graded, excavated, or recontoured);
(D) Within microhabitats that receive or retain more moisture than
surrounding areas, due in part to factors such as exposure, slope, and
subsurface geology; and
(E) Part of open native or nonnative grassland plant communities
and clay soil flora, including southern needlegrass grassland, mixed
grassland, and open coastal sage scrub or occasionally in cismontane
juniper woodlands; or
(ii) Outcrops of igneous rocks (pyroxenite) on rocky-sandy loam or
clay soils within Riversidean sage scrub, generally between the
elevations of 1,200 to 3,500 ft (366 to 1,067 m) above mean sea level.
(3) Critical habitat does not include manmade structures (such as
buildings, aqueducts, runways, roads, and other paved areas) and
related infrastructure, and the land on which they are located existing
within the legal boundaries on May 16, 2013.
(4) Critical habitat map units. Data layers defining map units were
created using a base of USDA digital ortho-photos of Riverside County,
California. Critical habitat units were then defined using Universal
Transverse Mercator (UTM) Zone 11, North American Datum (NAD) 1983
coordinates.
(5) Index map follows:
BILLING CODE 4310-55-P
[[Page 22657]]
[GRAPHIC] [TIFF OMITTED] TR16AP13.000
(6) Elsinore Peak Unit, Riverside County, California. Map of
Elsinore Peak Unit, follows:
[[Page 22658]]
[GRAPHIC] [TIFF OMITTED] TR16AP13.001
* * * * *
Dated: March 28, 2013.
Rachel Jacobsen,
Principal Deputy, Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2013-08364 Filed 4-15-13; 8:45 am]
BILLING CODE 4310-55-C