Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Arenaria ursina (Bear Valley sandwort), Castilleja cinerea (ash-gray Indian paintbrush), and Eriogonum kennedyi var. austromontanum (southern mountain wild-buckwheat), 67712-67754 [06-9194]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 71, Number 225 (Wednesday, November 22, 2006)]
[Proposed Rules]
[Pages 67712-67754]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9194]



[[Page 67711]]

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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; Designation of Critical 
Habitat for Arenaria ursina (Bear Valley sandwort), Castilleja cinerea 
(ash-gray Indian paintbrush), and Eriogonum kennedyi var. 
austromontanum (southern mountain wild-buckwheat); Proposed Rules

Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / 
Proposed Rules

[[Page 67712]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AU80


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for Arenaria ursina (Bear Valley sandwort), Castilleja 
cinerea (ash-gray Indian paintbrush), and Eriogonum kennedyi var. 
austromontanum (southern mountain wild-buckwheat)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
designate critical habitat for Arenaria ursina (Bear Valley sandwort), 
Castilleja cinerea (ash-gray Indian paintbrush), and Eriogonum kennedyi 
var. austromontanum (southern mountain wild-buckwheat) under the 
Endangered Species Act of 1973, as amended (Act). In total 
approximately 1,511 acres (ac) (611 hectares (ha)) of land in San 
Bernardino County, California, fall within the boundaries of the 
proposed critical habitat designation for these three plant species. 
The majority of the lands within the proposed designation are under 
Federal ownership (1,394 ac (564 ha)); however, some State (4 ac (2 
ha)) and private lands (112 ac (45 ha)) are also included.

DATES: We will accept comments from all interested parties until 
January 22, 2007. We must receive requests for public hearings, in 
writing, at the address shown in the ADDRESSES section by January 8, 
2007.

ADDRESSES: If you wish to comment on the proposed rule, you may submit 
your comments and materials identified by RIN 1018-AU80, by any of the 
following methods:
    (1) You may send comments by electronic mail (e-mail) to 
fw8cfwocomments@fws.gov. Include ``RIN 1018-AU80'' in the subject line.
    (2) You may fax your comments to Jim Bartel, Field Supervisor, 
Carlsbad Fish and Wildlife Office at 760-431-9624.
    (3) You may mail or hand-deliver your written comments and 
information to Jim Bartel, Field Supervisor, Carlsbad Fish and Wildlife 
Office, 6010 Hidden Valley Road, Carlsbad, CA 92011.
    (4) You may submit your comments at the Federal eRulemaking Portal, 
https://www.regulations.gov. Follow the instructions for submitting 
comments.
    Comments and materials received, as well as supporting 
documentation used in the preparation of this proposed rule, will be 
available for public inspection, by appointment, during normal business 
hours at the Carlsbad Fish and Wildlife Office at the above address 
(telephone 760-431-9440).

FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, Carlsbad 
Fish and Wildlife Office, at the address or telephone number listed 
under ADDRESSES. Persons who use a telecommunications device for the 
deaf (TDD) may call the Federal Information Relay Service (FIRS) at 
800-877-8339, 24 hours a day, 7 days a week.

SUPPLEMENTARY INFORMATION:

Public Comments Solicited

    We intend that any final action resulting from this proposal will 
be as accurate and as effective as possible. Therefore, comments or 
suggestions from the public, other concerned governmental agencies, the 
scientific community, industry, or any other interested party 
concerning this proposed rule are hereby solicited. Comments 
particularly are sought concerning:
    (1) The reasons any habitat should or should not be determined to 
be critical habitat as provided by section 4 of the Act, including 
whether the benefit of designation will outweigh any threats to the 
species due to designation.
    (2) Specific information on the amount and distribution of Arenaria 
ursina, Castilleja cinerea, or Eriogonum kennedyi var. austromontanum 
habitat, and what areas that were occupied at the time of listing that 
contain features essential for the conservation of the species should 
be included in the designation and why, and what areas that were not 
occupied at the time of listing are essential to the conservation of 
the species and why.
    (3) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat.
    (4) Any foreseeable economic, national security, or other potential 
impacts resulting from the proposed designation and, in particular, any 
impacts on small entities.
    (5) Whether our approach to designating critical habitat could be 
improved or modified in any way to provide for greater public 
participation and understanding, or to assist us in accommodating 
public concerns and comments.
    If you wish to comment, you may submit your comments and materials 
concerning this proposal by any one of several methods (see ADDRESSES). 
Please submit e-mail comments to fw8cfwocomments@fws.gov. Please 
include ``Attn: RIN 1018-AU80'' in your e-mail subject line and your 
name and return address in the body of your message. If you do not 
receive a confirmation from the system that we have received your 
message, contact us directly by calling our Carlsbad Fish and Wildlife 
Office at phone number 760-431-9440. Please note that comments must be 
received by the date specified in DATES in order to be considered.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their names and home addresses, etc., but if you wish us to consider 
withholding this information, you must state this prominently at the 
beginning of your comments. In addition, you must present rationale for 
withholding this information. This rationale must demonstrate that 
disclosure would constitute a clearly unwarranted invasion of privacy. 
Unsupported assertions will not meet this burden. In the absence of 
exceptional, documentable circumstances, this information will be 
released. We will always make submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives of or officials of organizations or businesses, 
available for public inspection in their entirety.

Role of Critical Habitat in Actual Practice of Administering and 
Implementing the Act

    Attention to and protection of habitat is paramount to successful 
conservation actions. The role that designation of critical habitat 
plays in protecting habitat of listed species, however, is often 
misunderstood. As discussed in more detail below in the discussion of 
exclusions under section 4(b)(2) of the Act, there are significant 
limitations on the regulatory effect of designation under section 
7(a)(2) of the Act. In brief, (1) designation provides additional 
protection to habitat only where there is a federal nexus; (2) the 
protection is relevant only when, in the absence of designation, 
destruction or adverse modification of the critical habitat would in 
fact take place (in other words, other statutory or regulatory 
protections, policies, or other factors relevant to agency decision-
making would not prevent the destruction or adverse modification); and 
(3) designation of critical habitat triggers the prohibition of 
destruction or adverse modification of that habitat, but it does not 
require

[[Page 67713]]

specific actions to restore or improve habitat.
    Currently, only 476 species, or 36 percent of the 1,311 listed 
species in the United States under the jurisdiction of the Service, 
have designated critical habitat. We address the habitat needs of all 
1,311 listed species through conservation mechanisms such as listing, 
section 7 consultations, the section 4 recovery planning process, the 
section 9 protective prohibitions of unauthorized take, section 6 
funding to the States, the section 10 incidental take permit process, 
and cooperative, nonregulatory efforts with private landowners. The 
Service believes that it is these measures that may make the difference 
between extinction and survival for many species.
    In considering exclusions of areas proposed for designation, we 
evaluate the benefits of designation in light of Gifford Pinchot. In 
that case, the Ninth Circuit invalidated the Service's regulation 
defining ``destruction or adverse modification of critical habitat.'' 
In response, on December 9, 2004, the Director issued guidance to be 
considered in making section 7 adverse modification determinations. 
This proposed critical habitat designation does not use the invalidated 
regulation in our consideration of the benefits of including areas in 
this proposed designation. The Service will carefully manage future 
consultations that analyze impacts to designated critical habitat, 
particularly those that appear to be resulting in an adverse 
modification determination. Such consultations will be reviewed by the 
Regional Office prior to finalizing to ensure that an adequate analysis 
has been conducted that is informed by the Director's guidance.
    On the other hand, to the extent that designation of critical 
habitat provides protection, that protection can come at significant 
social and economic cost. In addition, the mere administrative process 
of designation of critical habitat is expensive, time-consuming, and 
controversial. The current statutory framework of critical habitat, 
combined with past judicial interpretations of the statute, make 
critical habitat the subject of excessive litigation. As a result, 
critical habitat designations are driven by litigation and courts 
rather than biology, and made at a time and under a timeframe that 
limits our ability to obtain and evaluate the scientific and other 
information required to make the designation most meaningful.
    In light of these circumstances, the Service believes that 
additional agency discretion would allow our focus to return to those 
actions that provide the greatest benefit to the species most in need 
of protection.

Procedural and Resource Difficulties in Designating Critical Habitat

    We have been inundated with lawsuits for our failure to designate 
critical habitat, and we face a growing number of lawsuits challenging 
critical habitat determinations once they are made. These lawsuits have 
subjected the Service to an ever-increasing series of court orders and 
court-approved settlement agreements, compliance with which now 
consumes nearly the entire listing program budget. This leaves the 
Service with little ability to prioritize its activities to direct 
scarce listing resources to the listing program actions with the most 
biologically urgent species conservation needs.
    The consequence of the critical habitat litigation activity is that 
limited listing funds are used to defend active lawsuits, to respond to 
Notices of Intent to sue relative to critical habitat, and to comply 
with the growing number of adverse court orders. As a result, listing 
petition responses, the Service's own proposals to list critically 
imperiled species, and final listing determinations on existing 
proposals are all significantly delayed.
    The accelerated schedules of court-ordered designations have left 
the Service with limited ability to provide for public participation or 
to ensure a defect-free rulemaking process before making decisions on 
listing and critical habitat proposals, due to the risks associated 
with noncompliance with judicially imposed deadlines. This in turn 
fosters a second round of litigation in which those who fear adverse 
impacts from critical habitat designations challenge those 
designations. The cycle of litigation appears endless, and is very 
expensive, thus diverting resources from conservation actions that may 
provide relatively more benefit to imperiled species.
    The costs resulting from the designation include legal costs, the 
cost of preparation and publication of the designation, the analysis of 
the economic effects and the cost of requesting and responding to 
public comment, and in some cases the costs of compliance with the 
National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.). 
These costs, which are not required for many other conservation 
actions, directly reduce the funds available for direct and tangible 
conservation actions.

Background

    This proposed rule addresses critical habitat for Arenaria ursina 
(Bear Valley sandwort), Castilleja cinerea (ash-gray Indian 
paintbrush), and Eriogonum kennedyi var. austromontanum (southern 
mountain wild-buckwheat) because they largely occupy the same habitat, 
referred to as pebble plain habitat. For additional information on the 
biology and ecology of these species, refer to the final rule listing 
them as threatened that was published in the Federal Register on 
September 14, 1998 (63 FR 49006). It is our intention to discuss only 
those topics directly relevant to the designation of critical habitat 
in this proposed rule.

Pebble Plain Habitat

    Pebble plains are characteristically treeless openings surrounded 
by montane pinyon-juniper woodland or coniferous forest. This ``dry 
meadow-like'' habitat, which occurs on clay soils covered with 
quartzite pebbles, is unique to the San Bernardino Mountains of San 
Bernardino County, California. Pebble plains are remnants of a 
Pleistocene lake bed (Derby 1979, pp. 11-14; Krantz 1983, pp. 9-10). 
Pebble plains are the result of a combination of soil and climatic 
factors that support a unique assemblage of plant species, some of 
which are restricted endemics while others represent disjunct 
occurrences of species more common elsewhere (USFS 2002, p. 12).
    Pebble plain vegetation is comprised of various combinations of the 
73 plant taxa recorded from pebble plains (USFS 2002, p. 12). While 
Arenaria ursina and Eriogonum kennedyi var. austromontanum were the two 
indicator species that characterized pebble plains when they were first 
described as a unique habitat type (as pavement plains) (Derby 1979, p. 
77), Ivesia argyrocoma (silver-haired ivesia) is also considered a 
strong indicator of pebble plain habitat (USFS 2002, p. 14). Castilleja 
cinerea is nearly restricted to pebble plain habitat but does occur in 
non-pebble plain habitat, such as upper montane coniferous forest, 
meadows, and pinyon-juniper woodland. These non-pebble plain areas lack 
either one or both of the two former indicator species and quartzite 
pebbles or cobbles.
    Each of the three listed pebble plains species has a natural mosaic 
distribution among the various pebble plain complexes. The distribution 
of each plant may change locally over time but generally extends 
throughout a pebble plain complex. The fact that these three plant taxa 
essentially occupy the same habitat is reflected here in the

[[Page 67714]]

description and mapping of the critical habitat units and subunits. In 
a study on the distribution of pebble plain plant species within three 
pebble plains in the San Bernardino Mountains, Derby (1979, p. 77-78) 
concluded that, while perennial plant species present on pebble plains 
tend toward evenly spaced overall distributions, some perennial 
species, including Arenaria ursina and Castilleja cinerea, are 
restricted to microhabitat niches within the habitat (such as on 
northwest exposures). Each of the pebble plain complexes identified by 
the Forest Service supports all three of the pebble plain species with 
five exceptions: Coxey Meadow, Rattlesnake, Grinnell Ridge, Snow 
Valley, and Sugarloaf Ridge (USFS 2002). Coxey Meadow and Rattlesnake 
complexes do not support any of the three listed species and are not 
proposed as critical habitat. Grinnell Ridge and Snow Valley complexes 
support only C. cinerea. Grinnell Ridge is not considered in this 
proposed designation because the area was last surveyed in 1994 and we 
are unable to determine whether the mapped area represents the species 
occurrence or the pebble plain boundary (Eliason 2006b, p. 1). Of the 
five pebble plain complexes mentioned above, only two, Snow Valley and 
Sugarloaf Ridge, are being proposed as critical habitat for C. cinerea 
and A. ursina , respectively.
    Pebble plain complexes were first described and delineated by Neal 
and Barrows (1990, p. 11) who grouped pebble plains that were clearly 
clustered and isolated from other complexes and presumed to have 
comparable origins. According to the final listing rule, nine pebble 
plain complexes were described at that time (Neel and Barrows 1990, pp. 
1-33): Arrastre/Union Flat, Big Bear Lake, Coxey Meadow, Gold Mountain, 
Holcomb Valley, North Baldwin Lake Onyx Ridge/Broom Flat, Sawmill, and 
South Baldwin Ridge/Erwin Lake. The final listing rule also discussed 
pebble plains in the Lost Creek area (within the area now referred to 
as the Grinnell Ridge Complex) and the Snow Valley Ski area (within the 
area now referred to as Snow Valley Complex). The Grinnell Ridge and 
Snow Valley areas were named as pebble plain complexes in 2002 (USFS 
2002, p. 30, 53). Of the 11 complexes discussed in the listing rule, 
all except Coxey Meadow were known to be occupied at that time (Table 
1).
    Each of the three listed species was known to occur in the 1970s, 
prior to the time of listing, on pebble plains within the area now 
referred to as the Fawnskin Complex (CNDDB 1997a, 1997b, 1997c) 
(12 in Table 1). While this area was not identified in the 
final listing rule, we consider it to be occupied at the time of 
listing based on pre-listing occupancy records in our files. Since 
listing, two other pebble plain complexes have been identified and 
mapped--Rattlesnake and Sugarloaf Ridge (USFS 2002, p. 57, 66) 
(13 and 14, respectively, in Table 1). However, only 
the Sugarloaf Ridge complex is known to be occupied by the species 
discussed in this proposed rule.

Species Descriptions

Arenaria ursina (Bear Valley sandwort)

    Arenaria ursina is a low tufted perennial plant in the 
Caryophyllaceae (pink) family. A. ursina produces seeds by selfing 
(self-pollinating) and entomophilous (insect-mediated) outcrossing 
(O'Brien 1979, p. 80). The seeds of Arenaria ursina are flat, 
reticulate, measure 2 millimeters (mm) (0.079 inches (in)) long, remain 
in open erect capsules for up to 2 months, and can bounce out of the 
capsule in a strong wind (O'Brien 1979, p. 81). Small syrphid flies and 
bees appear to be the primary insect pollinators for this species 
(O'Brien 1979, p. 82; Freas and Murphy 1990, p. 6). However, Freas and 
Murphy (1990, pp. 7, 8) state that there is no evidence indicating that 
either wind- or pollinator-mediated dispersal plays a role in gene flow 
between pebble plain sites. Therefore, it appears that species 
persistence in each pebble plain is regulated by internal processes.
    Arenaria ursina is found on pebble plains and dry slopes in pinyon 
and juniper woodland in the northeastern San Bernardino Mountains (63 
FR 49006; September 14, 1998). A. ursina has one of the most restricted 
ranges of any of the pebble plain restricted endemic plants, second 
only to Eriogonum kennedyi var. austromontanum. A. ursina exhibits a 
patchy distribution within pebble plains and appears to prefer areas 
with low levels of shade and leaf litter accumulation (Derby 1979, p. 
42). Species associated with A. ursina include E. k. var. 
austromontanum, Antennaria dimorpha, Arabis parishii, Dudleya abramsii 
spp. affinis, and Ivesia argyrocoma (USFS 2002, p. 17).
    According to the final listing rule, Arenaria ursina was known from 
eight pebble plain complexes in the vicinity of Big Bear and Baldwin 
Lakes (63 FR 49006). This species was also known to occur in the 1970s, 
prior to the time of listing, on pebble plains within the area now 
referred to as the Fawnskin Complex (CNDDB 1997a). As stated above, 
while this area was not identified in the final listing rule, we 
consider it to be occupied at the time of listing based on pre-listing 
occupancy records. Currently, A. ursina is known to occupy 10 pebble 
plain complexes in the vicinity of Big Bear and Baldwin Lakes (USFS 
2002, p. 90). This occupancy includes the Sugarloaf Ridge complex, 
which was found to be occupied by this species about 3 years ago, after 
the 2002 Pebble Plain Management Guide was finalized (Eliason 2006a, p. 
1).

  Table 1.--Pebble Plain Complexes in the San Bernardino Mountains, California, Occupied at the Time of Listing
(OTL), Currently Occupied (CO), or not Known To Be Occupied at the Time of Listing or Currently (NO) for Each of
                                      the Three Listed Pebble Plain Species
                                  [Pebble plain complex names follow USFS 2002]
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                                                                            Castilleja       Eriogonum kennedy
                                 Pebble plain complex   Arenaria ursina       cinerea       var. austromontanum
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1.............................  Arrastre/Union Flat..  OTL, CO.........  OTL, CO.........  OTL, CO
2.............................  Big Bear Lake........  OTL, CO.........  OTL, CO.........  OTL, CO
3.............................  Coxey Meadow.........  NO..............  NO..............  NO
4.............................  Gold Mountain........  OTL, CO.........  OTL, CO.........  OTL, CO
5.............................  Holcomb Valley.......  OTL, CO.........  OTL, CO.........  OTL, CO
6.............................  North Baldwin Lake...  OTL, CO.........  OTL, CO.........  OTL, CO
7.............................  Broom Flat (Onyx       OTL, CO.........  OTL, CO.........  CO
                                 Ridge).
8.............................  Sawmill..............  OTL, CO.........  OTL, CO.........  OTL, CO
9.............................  South Baldwin Ridge/   OTL, CO.........  OTL, CO.........  OTL, CO
                                 Erwin Lake.
10............................  Grinnell Ridge.......  ................  OTL.............

[[Page 67715]]

 
11............................  Snow Valley..........  ................  OTL, CO.........
12............................  Fawnskin.............  OTL, CO.........  OTL, CO.........  OTL, CO
13............................  Rattlesnake..........  NO..............  NO..............  NO
14............................  Sugarloaf Ridge......  CO..............  CO..............
----------------------------------------------------------------------------------------------------------------

Castilleja cinerea (ash-gray paintbrush)

    Castilleja cinerea is a semi-parasitic perennial in the 
Scrophulariaceae (figwort) family. Recent taxonomic studies (Olmstead 
et al. 2001, p. 350) have placed the genus Castilleja and other plant 
genera formerly in the Scrophulariaceae into the Orobanchaceae 
(broomrape) family. This proposed rule includes a change to the list of 
Endangered and Threatened Plants at 50 CFR 17.12(h) to reflect this 
taxonomic change. This taxonomic change was explained by Olmstead 
(2002, pp. 13-22) and is accepted here.
    Known hosts for this root-parasite in pebble plain habitat include 
Eriogonum kennedyi var. austromontanum, E. k. var. kennedyi, E. 
wrightii var. subscaposum, and in non-pebble plain meadow margin 
habitat include Artemisia tridentata, A. nova, and A. ludoviciana (USFS 
2002, p. 92). All Castilleja species are parasitic, and this species is 
distinguished from other Castilleja in its range by short-haired stems 
and leaves, yellowish flowers, calyx lobes of equal length, and 
perennial nature (63 FR 49006; September 14, 1998).
    The seeds of Castilleja cinerea are loosely held in the open erect 
capsules, taking about a month to fall onto the ground after 
maturation. The dispersal agent (such as wind or foraging animals) for 
this species is unknown. Moreover, seeds are the product of self-
pollinating outcrossing (O'Brien 1979, p. 67), and insect visitation 
does not appear significant for Castilleja species (Duffield 1972, pp. 
110-114; O'Brien 1979, p. 69; Freas and Murphy 1990, p. 6).
    Castilleja cinerea is usually found on pebble plain habitat, but 
also occurs in other habitats including upper montane coniferous 
forest, meadows, and pinyon-juniper woodland (USFS 2002, pp. 17, 92). 
Species associated with C. cinerea on pebble plain habitat include 
Artemisia nova, Eriogonum kennedyi var. austromontanum, Erigeron 
aphanactis (fleabane daisy), and Poa secunda ssp. secunda (pine 
bluegrass) (USFS 2002, p. 17).
    According to the final listing rule (63 FR 49006; September 14, 
1998), Castilleja cinerea was known from fewer than 20 localities, 
mostly on pebble plains, but also from several localities in pine 
forest habitats near the Snow Valley Ski area, along Sugarloaf Ridge 
(part of the Sawmill Complex), and in the vicinity of Lost Creek 
(within the area now referred to as the Grinnell Ridge Complex). This 
species was also known in the 1970s, prior to the time of listing, to 
occur on pebble plains within the area now referred to as the Fawnskin 
Complex and in non-pebble plain meadow margin habitat adjacent to Big 
Bear and Baldwin lakes (CNDDB 1997b). While these areas were not 
identified in the final listing rule, we consider them to be occupied 
at the time of listing based on pre-listing occupancy records in our 
files (CNDDB 1997b). This species is now known to occur in 11 pebble 
plain complexes (see Table 1 above) and several non-pebble plain 
habitat areas (USFS 2002, p. 92). The 11 pebble plain complexes include 
the Sugarloaf Ridge Complex, which was found to be occupied by this 
species about 3 years ago, after the 2002 Pebble Plain Management Guide 
was finalized (Eliason 2006a, p. 1). While the pebble plain in the 
Grinnell Ridge Complex was known to be occupied by Castilleja cinerea 
at the time of listing (Table 1), the area was last surveyed in 1994 
and we are unable to determine whether the mapped area represents the 
species occurrence or the pebble plain boundary (Eliason 2006b, p. 1). 
Additional information is needed for us to determine if this area 
should be considered currently occupied by this species.
    Eriogonum kennedyi var. austromontanum (southern mountain wild-
buckwheat)
    Eriogonum kennedyi var. austromontanum is a woody-based, cushion-
like, perennial plant in the Polygonaceae (buckwheat family). This 
species is often confused with E. k. var. kennedyi, E. k. var. 
alpigenum, or E. wrightii spp. subscaposum, but it can be distinguished 
from these taxa by its longer, unbranched flower stalks, leaves, 
fruits, and involucres (63 FR 49006; USFS 2002, pp. 93-94).
    Eriogonum kennedyi var. austromontanum produces seeds by self-
pollinating and insect-mediated outcrossing (O'Brien 1979, p. 97). 
Numerous types of wasps, bees, and flies have been recorded as 
pollinators on this plant (O'Brien 1979, p. 99; Freas and Murphy 1990, 
p. 6). This species produces single-seeded fruits, the majority of 
which remain at the base of the parent plant after falling off (O'Brien 
1979, p. 99). While Freas and Murphy (1990, pp. 7, 8) detected seeds of 
either E. k. var austromontanum or E. k. var. kennedyi in seed traps 
placed along pebble plain-forest edges, they state that there is no 
evidence indicating that either wind- or pollinator-mediated dispersal 
plays a role in gene flow between pebble plain sites. Therefore, it 
appears that species persistence in each pebble plain is regulated by 
internal processes.
    Eriogonum kennedyi var. austromontanum has the most restricted 
range of any of the pebble plain restricted endemic plants, although it 
may be the dominant plant on pebble plains where it occurs. It was one 
of the taxa identified as characteristic of the unique pebble plain 
habitat first described by Derby (1979, p. 32). Although this taxon 
typically occupies clay soils with pebbles or cobbles, E. k. var. 
austromontanum also occurs on sandy, clay soils (e.g., Burnt Flat) or 
clay soils lacking pebbles or cobbles (e.g., areas at North Baldwin 
Lake) (USFS 2002, p. 94). This species prefers areas with low levels of 
shade and leaf litter accumulation (Derby 1979, p. 42).
    Eriogonum kennedyi var. austromontanum was known from seven pebble 
plain complexes at the time of listing (63 FR 49006; September 14, 
1998) (see Table 1 above). This species was also known in the 1970s, 
prior to the time of listing, to occur on

[[Page 67716]]

pebble plains within the area now referred to as the Fawnskin Complex 
(CNDDB 1997c). As stated above, while this area was not identified in 
the final listing rule, we consider it to be occupied at the time of 
listing based on pre-listing occupancy records in our files (CNDDB 
1997c). The species is now known to occur in nine pebble plain 
complexes (see Table 1 above) including the Broom Flat Complex that was 
not known to be occupied by this species at the time of listing (USFS 
2002, pp. 62, 94). However, the Broom Flat complex was known to be 
occupied by Arenaria ursina and Castilleja cinerea at the time of 
listing.

Threats to Pebble Plain Habitat

    Major threats to the listed pebble plains species include 
development on private lands, off-highway vehicle (OHV) use off of 
designated routes, road maintenance activities, ground disturbance that 
affects surface hydrology, mining activities, recreational activities, 
habitat fragmentation, and the invasion of nonnative Bromus tectorum 
(cheatgrass). See the ``Special Management Considerations or 
Protection'' section for further discussion of the threats to the 
listed pebble plains species.

Previous Federal Actions

    Arenaria ursina, Castilleja cinerea, and Eriogonum kennedyi var. 
austromontanum were federally listed as threatened on September 14, 
1998 (63 FR 49006). These species are not currently listed as 
endangered, threatened, or rare by the State of California. At the time 
these plants were federally listed, the Service compared the value of 
designating critical habitat to the detrimental effects of increased 
collection, vandalism, and other human activities. The Service found, 
based on these factors, that designation of critical habitat for A. 
ursina, C. cinerea, and E. k. var. austromontanum was not prudent. On 
September 13, 2004, the Center for Biological Diversity and the 
California Native Plant Society filed a joint lawsuit challenging the 
Service's failure to designate critical habitat for six California 
plant species, including A. ursina, C. cinerea, and E. k. var. 
austromontanum (Center for Biological Diversity, et al. v. Norton, No. 
ED CV-04-1150 RT (SGLx)). In an April 14, 2005, settlement agreement, 
the Service agreed to submit to the Federal Register a proposed rule to 
designate critical habitat, if prudent, on or before November 9, 2006, 
and a final rule by November 9, 2007. This proposed rule complies with 
the April 14, 2005, settlement agreement.
    We have reconsidered our not prudent finding, and now believe that 
identification of primary constituent elements and essential areas 
(critical habitat designation) may provide educational information to 
individuals, local and State governments, and other entities. Because 
these species are so limited in their ecological and geographical 
ranges, and many of these pebble plains are adjacent to or bisected by 
classified and unclassified roads, most landowners and collectors have 
been aware of their presence since publication of the final listing 
rule in 1998. We do not have any documentation that over-collection has 
increased significantly since these species were listed and now believe 
that the benefits of identifying essential habitat for these species 
outweighs the potential risk of over-collection.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as--(i) the 
specific areas within the geographical area occupied by a species, at 
the time it is listed in accordance with the Act, on which are found 
those physical or biological features (I) essential to the conservation 
of the species and (II) that may require special management 
considerations or protection; and (ii) specific areas outside the 
geographical area occupied by a species at the time it is listed, upon 
a determination that such areas are essential for the conservation of 
the species. Conservation, as defined under section 3 of the Act means 
to use and the use of all methods and procedures which are necessary to 
bring any endangered species or threatened species to the point at 
which the measures provided pursuant to the Act are no longer 
necessary. Such methods and procedures include, but are not limited to, 
all activities associated with scientific resources management such as 
research, census, law enforcement, habitat acquisition and maintenance, 
propagation, live trapping, and transplantation, and, in the 
extraordinary case where population pressures within a given ecosystem 
cannot be otherwise relieved, may include regulated taking.
    Critical habitat receives protection under section 7 of the Act 
through the prohibition against destruction or adverse modification of 
critical habitat with regard to actions carried out, funded, or 
authorized by a Federal agency. Section 7 requires consultation on 
Federal actions that are likely to result in the destruction or adverse 
modification of critical habitat. The designation of critical habitat 
does not affect land ownership or establish a refuge, wilderness, 
reserve, preserve, or other conservation area. Such designation does 
not allow government or public access to private lands. Section 7 is a 
purely protective measure and does not require implementation of 
restoration, recovery, or enhancement measures.
    To be included in a critical habitat designation, the habitat 
within the area occupied by the species must first have features that 
are essential to the conservation of the species. Critical habitat 
designations identify, to the extent known using the best scientific 
data available, habitat areas that provide essential life cycle needs 
of the species (i.e., areas on which are found the primary constituent 
elements, as defined at 50 CFR 424.12(b)). Habitat occupied at the time 
of listing may be included in critical habitat only if the essential 
features thereon may require special management considerations or 
protection. Areas outside of the geographic area occupied by the 
species at the time of listing may only be included in critical habitat 
if they are essential for the conservation of the species. Accordingly, 
when the best available scientific data do not demonstrate that the 
conservation needs of the species require additional areas, we will not 
designate critical habitat in areas outside the geographical area 
occupied by the species at the time of listing. An area currently 
occupied by the species but not known to be occupied at the time of 
listing will likely, but not always, be essential to the conservation 
of the species and, therefore, typically included in the critical 
habitat designation.
    The Service's Policy on Information Standards Under the Endangered 
Species Act, published in the Federal Register on July 1, 1994 (59 FR 
34271), and Section 515 of the Treasury and General Government 
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658) 
and the associated Information Quality Guidelines issued by the 
Service, provide criteria, establish procedures, and provide guidance 
to ensure that decisions made by the Service represent the best 
scientific data available. They require Service biologists to the 
extent consistent with the Act and with the use of the best scientific 
data available, to use primary and original sources of information as 
the basis for recommendations to designate critical habitat. When 
determining which areas are critical habitat, a primary source of 
information is generally the listing package for the species. 
Additional

[[Page 67717]]

information sources include the recovery plan for the species, articles 
in peer-reviewed journals, conservation plans developed by States and 
counties, scientific status surveys and studies, biological 
assessments, or other unpublished materials and expert opinion or 
personal knowledge. All information is used in accordance with the 
provisions of Section 515 of the Treasury and General Government 
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658) 
and the associated Information Quality Guidelines issued by the 
Service.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific data available. Habitat is often 
dynamic, and species may move from one area to another over time. 
Furthermore, we recognize that designation of critical habitat may not 
include all of the habitat areas that may eventually be determined to 
be necessary for the recovery of the species. For these reasons, 
critical habitat designations do not signal that habitat outside the 
designation is unimportant or may not be required for recovery.
    Areas that support populations, but are outside the critical 
habitat designation, will continue to be subject to conservation 
actions implemented under section 7(a)(1) of the Act and to the 
regulatory protections afforded by the section 7(a)(2) jeopardy 
standard, as determined on the basis of the best available information 
at the time of the action. Federally funded or permitted projects 
affecting listed species outside their designated critical habitat 
areas may still result in jeopardy findings in some cases. Similarly, 
critical habitat designations made on the basis of the best available 
information at the time of designation will not control the direction 
and substance of future recovery plans, habitat conservation plans, or 
other species conservation planning efforts if new information 
available to these planning efforts calls for a different outcome.

Methods

    As required by section 4(b)(2) of the Act, we use the best 
scientific data available in determining areas that contain the 
features that are essential to the conservation of Arenaria ursina, 
Castilleja cinerea, and Eriogonum kennedyi var. austromontanum and the 
habitat requirements of these species. These sources included, but were 
not limited to, the proposed (60 FR 39337; August 2, 1995) and final 
(63 FR 49006; September 14, 1998) rules to list these species; data and 
information published in peer-reviewed articles; data and information 
contained in reports prepared for or by the U.S. Forest Service (USFS); 
discussions and site visits with species experts including USFS 
personnel; data and information presented in academic research theses 
and dissertations; data provided by the California Department of Fish 
and Game Natural Diversity Data Base (CNDDB); herbarium records; data 
submitted during section 7 consultations; and regional Geographic 
Information Systems (GIS) data.

Primary Constituent Elements

    In accordance with section 3(5)(A)(i) of the Act and regulations at 
50 CFR 424.12, in determining which areas to propose as critical 
habitat, we consider those areas occupied by the species at the time of 
listing that contain physical and biological features (primary 
constituent elements or PCEs) that are essential to the conservation of 
the species, and that may require special management considerations or 
protection. These include, but are not limited to, space for individual 
and population growth and for normal behavior; food, water, air, light, 
minerals, or other nutritional or physiological requirements; cover or 
shelter; sites for breeding, reproduction, and rearing of offspring 
germination and seed dispersal; and habitats that are protected from 
disturbance or are representative of the historic geographical and 
ecological distributions of a species.
    The specific primary constituent elements required for Arenaria 
ursina, Castilleja cinerea, and Eriogonum kennedyi var. austromontanum 
are derived from the biological needs described in the Background 
section of this proposal. They include those habitat components 
essential for the biological needs of each species, including seed 
germination and seedling growth, flower production, pollination, fruit 
production and seed set, and genetic exchange.

Space for Individual and Population Growth and Normal Behavior; Food, 
Water, Air, Light, Minerals, or other Nutritional or Physiological 
Requirements

    Arenaria ursina, Castilleja cinerea, and Eriogonum kennedyi var. 
austromontanum require pebble plains or dry meadows in openings within 
upper montane coniferous forest, pinyon'juniper woodlands, or Mojavean 
desert scrub at elevations between 5,900 to 9,800 feet (1,830 to 2,990 
m) for individual and population growth (PCE 1).
    These typically treeless openings are the result of a combination 
of soil and climatic factors that support an assemblage of plant 
species found only in the San Bernardino Mountains, California (USFS 
2002, p. 12). Frost heaving and alternating wet and dry cycles force 
associated quartzite pebbles to the soil surface in areas of shallow 
clay deposits (PCE 2) to create the characteristic appearance of the 
pebble plains (Derby 1979, p. 61; Krantz 1983, p. 10; USFS 2002, p. 
22). These soils have an extremely slow infiltration rate and, thus, 
have a high runoff potential (Neel and Barrows 1990, p. 8).
    The establishment of tree species on pebble plains appears to be 
limited primarily by high clay content in the soil (Derby 1979, p. 74). 
Trees that become established alter the surrounding microhabitat by 
increasing leaf litter and shading and probably reducing temperature 
extremes (USFS 2002, p. 15). The increase in leaf litter under trees 
appears to reduce the densities of all three of the listed pebble 
plains species and increase tree and shrub seedlings under the tree 
canopy (Derby 1979, p. 72). Pebble plain species flourish in their 
specific environment, but they cannot compete with other plant species 
adapted to shaded areas, or areas where heavy litter layers accumulate 
(USFS 2002, p. 15).
    Pebble plains are typified by the presence of one or more of the 
following associated species: Ivesia argyrocoma, Eriogonum kennedyi 
var. kennedyi, Allium parryi, Antennaria dimorpha, Arabis parishii, 
Astragalus purshii var. lectulus, Dudleya abramsii var. affinis, 
Echinocereus engelmannii, Erigeron aphanactis var. congestus, Eriogonum 
wrightii var. subscaposum, Lewisia rediviva var. minor, and Mimulus 
purpureus.
    In addition to pebble plain habitat, Castilleja cinerea is also 
found in dry meadow margin areas that lack either Arenaria ursina and 
Eriogonum kennedyi var. austromontanum or both and quartzite pebbles or 
cobbles. However, as a semi-parasitic perennial plant, this root-
parasite requires host plant species found in pebble plain habitat 
(Eriogonum kennedyi var. austromontanum, E. k. var. kennedyi, and E. 
wrightii var. subscaposumon) and host plant species found in both 
pebble plain and non-pebble plain habitat (Artemisia tridentata, A. 
nova, and E. wrightii var. subscaposumon) for individual and population 
growth and for its nutritional and physiological requirements (PCE 3) 
(USFS 2002, p. 92).

[[Page 67718]]

Sites for Reproduction, Germination, Seed Dispersal, or Pollination

    While pollination (via selfing, wind, or insect) is important for 
maintaining genetic diversity within a pebble plain (Duffield 1972, pp. 
110-114; O'Brien 1979, pp. 67, 82, 97, 99; Freas and Murphy 1990, p. 
6), limited research indicates that little genetic material is 
exchanged among pebble plains (Freas and Murphy 1990, pp. 6-8). 
According to Freas and Murphy (1990, p. 6), observed pollen transfer 
distances were less than 4 meters (13 feet).

Primary Constituent Elements for Arenaria ursina, Eriogonum kennedyi 
var. austromontanum and Castilleja cinerea

    Under our regulations, we are required to identify the known 
physical and biological features (PCEs) essential to the conservation 
of Arenaria ursina, Castilleja cinerea, and Eriogonum kennedyi var. 
austromontanum. All areas proposed as critical habitat for each taxon 
are currently occupied, within the taxon's historical geographic range, 
and contain sufficient PCEs to support at least one life history 
function.
    Based on our current knowledge of the life history, biology, and 
ecology of the species and the requirements of the habitat to sustain 
the essential life history functions of the species, we have determined 
that the PCEs for Arenaria ursina, Castilleja cinerea, and Eriogonum 
kennedyi var. austromontanum are:
    (1) Pebble plains or dry meadows in openings within upper montane 
coniferous forest, pinyon'juniper woodlands, or Mojavean desert scrub 
in the San Bernardino Mountains of San Bernardino County, California; 
at elevations between 5,900 to 9,800 feet (1,830 to 2,990 m) that 
provide space for individual and population growth, reproduction and 
dispersal; and
    (2) Seasonally wet clay or sandy, clay soils, generally containing 
quartzite pebbles, subject to natural hydrological processes that 
include water hydrating the soil and freezing in winter and drying in 
summer causing lifting and churning of included pebbles, to provide 
adequate water, air, minerals, and other nutritional or physiological 
requirements to the species.
    We have determined that Castilleja cinerea also requires the 
following PCE:
    (3) The presence of one or more of its known host species, such as 
Eriogonum kennedyi var. austromontanum, E. k. var. kennedyi, and E. 
wrightii var. subscaposumon in pebble plain habitat and species such as 
Artemisia tridentata, A. nova, and E. wrightii var. subscaposumon in 
pebble plain and non-pebble plain meadow margin habitat that provide 
some of the physiological requirements for this species.
    This proposed designation is designed for the conservation of those 
areas containing the PCEs necessary to support the life history 
functions that are the basis for the proposal. Because not all life 
history functions require all the PCEs, not all critical habitat will 
contain all the PCEs.
    Units are designated based on sufficient PCEs being present to 
support one or more of the species' life history functions. Some units 
contain all PCEs and support multiple life processes, while some units 
contain only a portion of the PCEs necessary to support the species' 
particular use of that habitat.

Criteria Used To Identify Critical Habitat

    As required by section 4(b)(1)(A) of the Act, we use the best 
scientific and commercial data available in determining areas that 
contain the features that are essential to the conservation of Arenaria 
ursina, Castilleja cinerea, and Eriogonum kennedyi var. austromontanum. 
To delineate the proposed critical habitat boundaries associated with 
habitat occupied by the listed species, we relied on GIS data provided 
by the USFS's San Bernardino National Forest (SBNF). SBNF personnel 
mapped pebble plain and some non-pebble plain habitat on SBNF lands for 
the 2002 Pebble Plain Management Guide using a combination of 1:10,000 
air photos, 1:24,000 orthographic photos, 1:24,000 topographic maps, 
and ground-truthing with global positioning system (GPS) units (USFS 
2002, p. 30). We also worked with SBNF personnel with species and 
habitat expertise to determine the status of pebble plains being 
considered for designation (habitat quality and land ownership).
    Working with SBNF personnel with knowledge of pebble plains species 
and habitats, we then identified pebble plains within each of the 12 
occupied pebble plain complexes that met the following criteria for 
each of the three listed species: (1) Contained the PCEs, (2) known to 
be occupied at the time of listing and currently occupied; (3) if not 
known to be occupied at the time of listing, currently occupied and 
essential to the conservation of the species; (4) large or well-defined 
relative to other pebble plains in the complex; and (5) least disturbed 
by anthropogenic threats (such as unauthorized vehicle use) relative to 
other pebble plains in the complex. The majority of the pebble plains 
(14 of 22) being proposed as critical habitat contain all three of the 
listed species. To the extent possible, we included the larger pebble 
plains within a complex that were proximal to other relatively large 
pebble plains occupied by the listed species in order to capture areas 
with presumably higher species diversity. Ciano (1984, p. 14) examined 
species variability on pebble plains in relation to island biogeography 
theory and found that the number of species within a pebble plain 
increased with the size of the pebble plain and decreased as distance 
from other pebble plains increased; thus larger pebble plains located 
closer to other pebble plains had higher species diversity.
    For non-pebble plain meadow margin areas (Mojavean desert scrub--
PCE 1) containing Castilleja cinerea, we identified those occupied 
areas that: (1) Contain unique habitat characteristics (such as soil 
type--PCE 2)) relative to other non-pebble plain areas occupied by the 
species, and (2) are within areas with the least amount of disturbance 
by anthropogenic threats (such as unauthorized vehicle use) relative to 
other occupied non-pebble plain habitat.
    For the purposes of this rule, occupied ``at the time of listing'' 
is defined as those occurrences or areas identified in the final 
listing rule (63 FR 49006; September 14, 1998) or those areas known to 
be occupied prior to the publication of the listing rule according to 
occupancy data in our files (CNDDB 1997a, 1997b, 1997c). Table 1 above 
lists the pebble plain complexes occupied at the time of listing and 
currently occupied for each of the three listed pebble plain species. 
We are not proposing any unoccupied areas or areas outside the 
geographic area presently occupied by the species.
    When determining proposed critical habitat boundaries, we tried to 
avoid including within the boundaries of the proposed critical habitat 
developed areas such as buildings, paved areas, and other structures 
that lack PCEs for Arenaria ursina, Castilleja cinerea, and Eriogonum 
kennedyi var. austromontanum. The scale of the maps prepared under the 
parameters for publication within the Code of Federal Regulations may 
not reflect the exclusion of such developed areas. Any such structures 
and the land under them inadvertently left inside critical habitat 
boundaries shown on the maps of this proposed rule have been excluded 
by text in the proposed rule and are not proposed for designation as 
critical habitat. Therefore, Federal actions limited to these areas 
would not trigger

[[Page 67719]]

section 7 consultation, unless they may affect the species or primary 
constituent elements in adjacent critical habitat.
    We are proposing to designate critical habitat on lands that we 
have determined were occupied at the time of listing or are currently 
occupied by Arenaria ursina, Castilleja cinerea, or Eriogonum kennedyi 
var. austromontanum and that contain one or more of the primary 
constituent elements to support life history functions essential for 
the conservation of these species.

Special Management Considerations or Protection

    When designating critical habitat, we assess whether the areas 
determined to be occupied at the time of listing contain primary 
constituent elements that may require special management considerations 
or protection.
    As stated in the final listing rule, major threats to all three 
listed pebble plains species throughout their range include land 
development, off-highway vehicle (OHV) use off of designated routes, 
road maintenance activities, ground disturbance that affects surface 
hydrology, mining activities, recreational activities, and nonnative 
plant species (63 FR 49006; September 14, 1998). The use of OHVs off of 
designated routes has historically been the greatest threat to pebble 
plains habitat (63 FR 49006). The primary constituent elements for the 
listed pebble plains species may require special management 
considerations or protection to minimize impacts associated with--(1) 
Vehicle use and road maintenance; (2) recreational activities; and (3) 
the presence of nonnative species (63 FR 49006; USFS 2002, p. 17; USFS 
2005, pp. 207, 249, 293).
    All of the pebble plain complexes have some degree of impact 
associated with the USFS-authorized and unauthorized use of vehicles 
and associated maintenance (USFS 2002, pp. 20, 25, 30-68). Vehicle use 
and road maintenance could introduce invasive, nonnative plants, 
increase the potential for unauthorized routes to develop (leading to 
the crushing and burying of individual plants and soil compaction), and 
cover individuals with dust and mud that can impair physiological 
functions (USFS 2002, p. 20; USFWS 2005, pp. 233, 238, 243).
    Along with soil compaction, soil erosion resulting from vehicle use 
could significantly alter the soil composition required by the listed 
species (PCE 2). During the wet season, vehicle traffic directly 
disturbs or destroys vegetation and creates deep ruts that change the 
hydrological patterns over the pebble plain (USFS 2002, p. 20). Vehicle 
traffic also increases breakdown in natural soil aggregates (structure) 
(Sadler, pers. comm. 1989 cited in USFS 2002, p. 22). Changes in the 
hydrological pattern associated with a pebble plain could alter the 
soil composition by allowing for erosion of clay sediments during 
rainfall events, leaving only large cobbles and pebbles (PCE 2). These 
changes to the soil morphology and composition could result in 
alterations to the vegetation structure and composition of the area, 
allowing for the invasion of native and nonnative plant species that 
could out-complete the listed species for space and resources and 
further alter the soil composition by increasing organic debris (PCEs 
1, 2, and 3).
    The invasion of nonnative plant species can result in crowding, 
overshadowing, and altering fuel loads and hydrology (USFS 2002, p. 
25). While fire has not been considered an important factor in shaping 
the pebble plain community, the establishment of an introduced species, 
such as cheatgrass, might provide the fine fuels to allow fire to 
spread more readily and result in alterations to the composition and 
structure of the pebble plain community (USFS 2002, pp. 19-20). Pebble 
plain species flourish in their specific environment, but they cannot 
complete with other plant species adapted to shaded areas or sites 
where heavy litter layers accumulate (USFS 2002, p. 15). The invasion 
of nonnative species may alter the soil composition (PCE 2) or cause an 
increase in the amount of leaf litter, allowing for the eventual 
encroachment of adjacent native shrub and tree species into the pebble 
plain, and diminishing the habitat available to pebble plain obligate 
species and host species (PCE 1). Derby (1979, p. 72) found lower 
densities of all three of the listed species in pebble plain areas 
where leaf litter was abundant under trees.
    The USFS prepared the 2002 Pebble Plain Management Guide (USFS 
2002, p. i) as an update to the 1990 Pebble Plain Habitat Management 
Guide and Action Plan by Neal and Barrows. The 2002 Pebble Plain 
Management Guide was designed to provide management direction for the 
conservation of pebble plain habitat in the SBNF, to aid in recovery of 
the three federally listed plants, and to improve conditions for Forest 
sensitive species occurring in this habitat. The 2002 Pebble Plain 
Management Guide identifies the following management goals necessary to 
reduce impacts to pebble plain habitat--protecting pebble plain habitat 
throughout its geographic range, reducing habitat loss and 
fragmentation, maintaining site viability, and encouraging compatible 
uses (USFS 2002, p. i).
    The USFS has completed many of the actions outlined in the plan to 
avoid and minimize impacts to the three listed pebble plain species 
including, but not limited to permanently closing some roads bisecting 
pebble plains, installing fencing or gates along some roads to prevent 
unauthorized access onto adjacent pebble plains, establishing alternate 
trails, adding law enforcement patrols, relocating special events out 
of pebble plain habitat, and posting of signs to keep vehicles out of 
sensitive habitat; however, ongoing unauthorized use is still occurring 
in all of the pebble plain complexes (USFS 2002, pp. 30-68). See the 
``Unit Description'' section for a discussion of the special management 
considerations or protection that may be needed for each unit or 
subunit being proposed as critical habitat.

Proposed Critical Habitat Designation

    We are proposing a total of 1,511 ac (611 ha) of Federal, State, 
and private land within 11 units, with 9 of these units further divided 
into 20 subunits, as critical habitat for Arenaria ursina, Castilleja 
cinerea, and Eriogonum kennedyi var. austromontanum. Table 2 below 
provides the approximate area of each unit or subunit being proposed as 
critical habitat for Arenaria ursina, Castilleja cinerea, and Eriogonum 
kennedyi var. austromontanum. Table 3 below provides landownership 
sizes in each unit or subunit. Table 4 outlines the units and subunits 
proposed as critical habitat and the total area for each species. Since 
these species often occur in the same pebble plains, the total area 
being proposed as critical habitat for each species will not equal the 
total area being proposed for all three species combined.
    While the pebble plain in the Grinnell Ridge Complex was known to 
be occupied by Castilleja cinerea at the time of listing (Table 1), the 
area was last surveyed in 1994 (Eliason 2006b, p. 1), and we cannot 
determine whether the mapped area represents the species occurrence or 
the pebble plain boundary. Moreover, this pebble plain is located in a 
remote area in the San Gorgonio Wilderness Area on SBNF and is not 
easily accessible. We do not have sufficient information to determine 
that this area has the features that are essential to the conservation 
of the species as defined for the purposes of this critical habitat 
designation, and therefore we are not proposing to

[[Page 67720]]

designate the Grinnell Ridge Complex as essential habitat.
    The critical habitat areas described below constitute our best 
assessment at this time of areas determined to be occupied at the time 
of listing, containing primary constituent elements that may require 
special management considerations or protection, and those additional 
areas that were not occupied at the time of listing but were found to 
be essential to the conservation of Arenaria ursina, Castilleja 
cinerea, and Eriogonum kennedyi var. austromontanum.

  Table 2.--Proposed Critical Habitat (acres (ac), hectares (ha)) for Arenaria ursina, Castilleja cinerea, and
 Eriogonum kennedyi var. austromontanum. The Abbreviation ``ppn.'' Refers to the Pebble Plain Number Identified
                                in the USFS Pebble Plain Management Guide (2002)
                    [Area estimates reflect all land within critical habitat unit boundaries]
----------------------------------------------------------------------------------------------------------------
                                                                    Total area    Total area   Listed species in
   Proposed  critical  habitat  unit     Pebble plain complex and   of unit (ac   of subunit    unit or subunit
                                               subunit name            (ha))       (ac (ha))          \1\
----------------------------------------------------------------------------------------------------------------
1.....................................                             Arrastre/Union Flat
                                        1A (ppn. 100)............     298 (121)       69 (28)              1,2,3
                                        1B (ppn. 87).............  ............      229 (93)              1,2,3
2.....................................                                Big Bear Lake
                                        2A (ppn. 248)............       28 (11)        21 (9)                1,2
                                        2B (ppn. 254)............  ............         6 (2)              1,2,3
3.....................................                                 Broom Flat
                                        3A (ppn. 311)............     384 (156)       58 (23)              1,2,3
                                        3B (ppn. 285 & 309)......  ............     326 (132)                1,2
4.....................................                                  Fawnskin
                                        4A (ppn. 301)............       41 (17)        15 (6)              1,2,3
                                        4B (ppn. 302)............  ............       24 (10)              1,2,3
                                        4C (Juniper Point).......  ............         2 (1)                  2
5.....................................                                Gold Mountain
                                        5A (ppn. 188)............      105 (42)       62 (25)              1,2,3
                                        5B (ppn. 192)............  ............       43 (17)              1,2,3
                                        5C (South Baldwin meadow)  ............     0.3 (0.1)                  2
6.....................................                               Holcomb Valley
                                        6A (ppn. 98 & 109).......       72 (29)       28 (11)              1,2,3
                                        6B (ppn. 153)............  ............       44 (18)              1,2,3
7.....................................                             North Baldwin Lake
                                        7A (ppn. 128)............     351 (142)     320 (129)              1,2,3
                                        7B (ppn. 168)............  ............         4 (2)                  2
8.....................................                                   Sawmill
                                        8A (ppn. 236)............       50 (20)       44 (18)              1,2,3
                                        8B (ppn. 224)............  ............         5 (2)              1,2,3
9.....................................  Snow Valley (ppn. 270)...       26 (10)            NA                  2
10....................................  South Baldwin Ridge/Erwin        23 (9)            NA              1,2,3
                                         Lake (ppn. 212).
11....................................                               Sugarloaf Ridge
                                        11A (ppn. 294)...........      161 (65)      127 (51)                1,2
                                        11B (ppn. 289)...........  ............       34 (14)                1,2
----------------------------------------------------------------------------------------------------------------
    Total.............................  22.......................                   1,511 (611)
----------------------------------------------------------------------------------------------------------------
\1\ 1 = Arenaria ursina, 2 = Castilleja cinerea, 3 = Eriogonum kennedyi var. austromontanum.


Table 3.--Landownership (acres (ac), hectares (ha)) in Units or Subunits
   Being Proposed as Critical Habitat for Arenaria ursina, Castilleja
           cinerea, and Eriogonum kennedyi var. austromontanum
------------------------------------------------------------------------
                                                          Total area (ac