Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Monterey Spineflower (Chorizanthe pungens var. pungens), 75189-75215 [06-9656]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 71, Number 240 (Thursday, December 14, 2006)]
[Proposed Rules]
[Pages 75189-75215]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9656]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AU83


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for the Monterey Spineflower (Chorizanthe pungens var. 
pungens)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: In response to a settlement agreement, we, the U.S. Fish and 
Wildlife Service (Service), propose to revise currently designated 
critical habitat for the Monterey spineflower (Chorizanthe pungens var. 
pungens) pursuant to the Endangered Species Act of 1973, as amended 
(Act). In total, approximately 11,032 acres (ac) (4,466 hectares (ha)) 
fall within the boundaries of the proposed revision to the critical 
habitat designation. The proposed revision to critical habitat is 
located in Santa Cruz and Monterey Counties, California.

DATES: We will accept comments from all interested parties until 
February 12, 2007. We must receive requests for public hearings, in 
writing, at the address shown in the ADDRESSES section by January 29, 
2007.

ADDRESSES: If you wish to comment, you may submit your comments and 
materials concerning this proposal by any one of several methods:
    1. You may mail or hand-deliver written comments and information to 
Diane Noda, Field Supervisor, U.S. Fish and Wildlife Service, Ventura 
Fish and Wildlife Office (VFWO), 2493 Portola Road, Suite B, Ventura, 
California 93003.
    2. You may send comments by electronic mail (e-mail) to 
fw8mosp@fws.gov. Please see the Public Comments Solicited section below 
for file format and other information about electronic filing.
    3. You may fax your comments to 805/644-3958.
    4. You may go to 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 VFWO 2493 Portola Road, Suite B, Ventura, California 93003 
(telephone 805/644-1766).

FOR FURTHER INFORMATION CONTACT: Diane Noda, Field Supervisor, VFWO, 
2493 Portola Road, Suite B, Ventura, California 93003, (telephone 805/
644-1766, ext. 319; facsimile 805/644-3958). Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 800-877-8339, 7 days a week and 24 
hours a day.

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 
Chorizanthe pungens var. pungens habitat, and what areas should be 
included in the designations that were occupied at the time of listing 
that contain the features that are essential for the conservation of 
the species 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;
    (6) This proposed designation's revised criteria for determining 
essential features and critical habitat boundaries; and
    (7) The existence of any conservation or management plans being 
implemented by California State Parks, Bureau of Land Management (BLM) 
on former Fort Ord, or other public or private land management agencies 
or owners that we should consider for exclusion from the designation 
pursuant to section 4(b)(2) of the Act. Please include information on 
any benefits (educational, regulatory, etc.) of including or excluding 
lands from this proposed revised designation.
    If you wish to comment, you may submit your comments and materials 
concerning this proposal by any one of several methods (see ADDRESSES 
section). Please submit Internet comments to fw8mosp@fws.gov in ASCII 
file format and avoid the use of special characters or any form of 
encryption. Please also include ``Attn: Chorizanthe pungens var. 
pungens'' in your e-mail subject header 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 Internet 
message, contact us directly by calling our VFWO at phone number 805/
644-1766, ext. 333. Please note that the Internet address, 
fw8mosp@fws.gov, will be closed out at the termination of the public 
comment period.
    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

[[Page 75190]]

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 specific actions to restore or improve habitat.
    Currently, only 476 species, or 36 percent of the 1,311 listed 
species in the U.S. 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 
evaluated the benefits of designation in light of Gifford Pinchot Task 
Force v. U.S. Fish and Wildlife Service, 378 F.3d 1059 (9th Cir 2004) 
(hereinafter 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. 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 time frame 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 (NOIs) 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. 4371 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

    It is our intent to discuss only those topics directly relevant to 
the designation of critical habitat in this proposed revision to the 
critical habitat designation. Detailed background information covering 
the appearance, seed ecology, habitat requirements, and the historical 
and current distribution for Chorizanthe pungens var. pungens was 
published in the final designation of critical habitat for Chorizanthe 
pungens var. pungens on May 29, 2002 (67 FR 37498). Additional 
information on C. p. var. pungens is also available in the final 
listing rule published in the Federal Register on February 4, 1994 (59 
FR 5499).

[[Page 75191]]

    Chorizanthe pungens var. pungens (Monterey spineflower) is endemic 
to sandy soils in active dune systems, and bluffs featuring deposited 
windblown sands, in coastal areas in southern Santa Cruz and northern 
Monterey Counties (Reveal and Hardham 1989, pp. 124-125; Ertter 1990, 
p. 5). These areas feature open spaces between dominant vegetative 
elements that are dynamic and generally maintained through time via 
wind, fire, or other types of disturbance. Populations are also found 
in grassland, scrub, chaparral, and woodland habitats, featuring sandy 
soils and openings that are free of other vegetation. The furthest 
inland population is found in the Salinas Valley in interior Monterey 
County.
    Chorizanthe pungens var. pungens is one of two varieties of the 
species C. pungens. The other variety, C. p. var. hartwegiana (Ben 
Lomond spineflower) is restricted to the Santa Cruz Mountains, 
generally between Scotts Valley and Ben Lomond. The ranges of these two 
varieties of C. pungens do not overlap. The range of C. p. var. pungens 
partially overlaps with another closely related taxon, Chorizanthe 
robusta var. robusta (robust spineflower), in southern Santa Cruz 
County. Chorizanthe pungens var. hartwegiana and C. r. var. robusta are 
both listed as federally-endangered species (59 FR 5499). A detailed 
description of these related taxa is available in the Recovery Plan for 
Seven Coastal Plants and the Myrtle's Silverspot Butterfly (Service 
1998), the Recovery Plan for Insect and Plant Taxa in the Santa Cruz 
Mountains in California (Service 1998), the Recovery Plan for the 
Robust Spineflower (Service 2004), and scientific literature cited 
within these plans. A recent study on the genetic relationships between 
various spineflower taxa in the central coast region of California 
noted genetic variability between populations of Chorizanthe pungens 
var. pungens located at four sites between Sunset State Beach and 
Marina State Beach (Brinegar 2006, pp. 6-10).
    Chorizanthe pungens var. pungens is an annual species that produces 
one seed per flower, and depending on the vigor of an individual plant, 
dozens to over one hundred seeds can be produced (Abrams 1944, F35-1; 
Fox et al. 2006, pp. 162-163). Seed dispersal in C. p. var. pungens is 
likely facilitated by hooked spines on the structure surrounding the 
seed. In the Chorizanthe genus, these are believed to attach to passing 
animals and disperse seed between plant colonies and populations 
(Reveal 2001, unpaginated). Wind also disperses seed within colonies 
and populations.
    New information concerning the seed bank of Chorizanthe pungens 
var. pungens was published in 2006 (Fox et al. 2006, pp. 157-170). This 
5-year study found that the density of C. p. var pungens was directly 
related to the previous year's seed set and, based on these 
observations, suggests that C. p. var. pungens apparently germinates 
well under most winter conditions and does not develop an extensive 
persistent soil seed bank. Consequently, this new information suggests 
that protection of existing plants in any year is important to the 
long-term conservation of C. p. var. pungens because the species 
persistence relies primarily on the previous year's seed set as opposed 
to a large dormant seed bank that remains viable for decades. If this 
hypothesis is correct, loss of above-ground individuals prior to seed 
set could ultimately have more of an impact on populations than was 
previously thought. However, there exist anecdotal reports of C. p. 
var. pungens reappearing in several areas after habitat restoration 
efforts removed dense cover of iceplant. This tends to support the idea 
that, under some conditions, at least, a soil seed bank that persists 
for several years may be present and substantial enough to repopulate a 
site.
    A pollination ecology study was conducted on the related 
Chorizanthe robusta var. robusta in Santa Cruz County that compared the 
pollination ecology of coastal and inland populations (Murphy 2003b, 
pp. 1-78). The study found that, although this species may self-
pollinate, pollinator access to flowers increased seed set 
significantly, indicating that pollinators increase plant reproductive 
success. This same study noted a high diversity of pollinators and 
correlated that diversity, in part, to variation in microhabitat 
conditions, including exposure; proximity to the coast; and structure, 
composition, and density of the surrounding vegetation (Murphy 2003b, 
pp. 28-63). Results suggest that protecting pollinator habitat and 
diversity is likely to be important to the survival of this taxon. 
These results can be inferred to C. p. var. pungens as these two taxa 
occur in proximity to each other at several locations (Sunset and 
Manresa State Beaches), occupy similar habitats and plant communities, 
and are similar genetically (Brinegar 2006, p. 13) and phenotypically 
(the outward appearance of the plant).
    The historical range of Chorizanthe pungens var. pungens was more 
extensive than what it is now known to occupy. Collections from the 
late 1800s and the first half of the 1900s indicate that the species 
occurred along the coast as far south as the San Simeon area in San 
Luis Obispo County (Consortium of California Herbaria 2006). In 
Monterey County, numerous collections were made from the Salinas 
Valley. However, this area has been largely converted to agriculture 
and habitat no longer remains; the last collection was made in 1920 
(Consortium of California Herbaria 2006). This taxon currently occupies 
the entire range identified in the final listing rule (59 FR 5499).
    Current information concerning the presence of populations 
throughout its range is summarized here. Current information about 
populations on former Fort Ord, is from surveys conducted between 1992 
and 2004, and provides more detail than the information available at 
the time of listing (e.g., BLM 2006). Former Fort Ord is a closed 
military installation which is in the process of being remediated and 
transferred for reuse. Reuse will include residential, recreational, 
and commercial development, as well as conservation of lands in habitat 
reserves. A response to our request for information (Service 2006) from 
the California Department of Parks and Recreation (CDPR) (CDPR 2006a) 
confirms that populations at Manresa and Sunset State Beaches are 
stable and that the Sunset State Beach population is expanding due to 
habitat restoration activities (primarily removal of nonnative European 
beachgrass (Ammophila arenaria)). Occurrence records for the eastern 
Prunedale unit were provided by the California Department of 
Transportation (Caltrans) from surveys conducted for the Highway 101 
re-route study in 2001 (Caltrans 2001). A small population which was 
thought to be extirpated at the former U.S. Coast Guard's Light 
Station, Point Pinos property, very close to the northern boundary of 
the Asilomar unit, was rediscovered during recent surveys (Kephart 
2004, p. 1). Also, recent surveys at the Monterey Peninsula Airport 
(Environmental Science Associates 2004, pp. 3.12-3.13) and leased 
properties surrounding the Monterey Peninsula Airport provide 
information about populations in the Del Rey Oaks area. Records that 
have been prepared, but not yet submitted, for entry into the CNDDB 
database were reviewed for some areas, including the Armstrong Ranch, 
Prunedale, Elkhorn Slough, and Aromas. Service staff also conducted 
site visits at various locations between 2001 and the present.

[[Page 75192]]

Previous Federal Actions

    For more information on previous Federal actions concerning 
Chorizanthe pungens var. pungens, refer to the final listing rule 
published in the Federal Register on February 4, 1994 (59 FR 5499), and 
the designation of critical habitat for C. p. var. pungens published in 
the Federal Register on May 29, 2002 (67 FR 37498). In September 1998, 
we published a recovery plan for seven coastal plants and the Myrtle's 
silverspot butterfly which included C. p. var. pungens. On May 29, 
2002, we designated critical habitat for approximately 18,829 acres 
(ac) (7,620 hectares (ha)) of land in Santa Cruz and Monterey Counties, 
California. In March 2005, the Homebuilders Association of Northern 
California, et al., filed suit against the Service (CV-013630LKK-JFM) 
challenging final critical habitat rules for several species, including 
Chorizanthe pungens var. pungens. In March 2006, a settlement was 
reached that requires the Service to re-evaluate five final critical 
habitat designations, including critical habitat designated for C. p. 
var. pungens. The settlement stipulated that any proposed revisions to 
the C. p. var. pungens designation would be submitted to the Federal 
Register for publication on or before December 7, 2006.

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 under the Act are no longer necessary. Such 
methods and procedures include, but are not limited to, all activities 
associated with scientific resources management such as research, 
census, law enforcement, habitat acquisition and maintenance, 
propagation, live trapping, 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 or protection. Thus, we do not include areas where existing 
management is sufficient to conserve the species. (As discussed below, 
such areas may also be excluded from critical habitat under section 
4(b)(2).) 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 was 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 (P.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 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 
and make revisions thereto 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.

[[Page 75193]]

Methods

    As required by section 4(b)(2) of the Act, we used the best 
scientific data available in determining areas that contain the 
features that are essential to the conservation of Chorizanthe pungens 
var. pungens. This includes information from the final listing rule; 
data from research and survey observations published in peer-reviewed 
articles; reports and survey forms prepared for Federal, State, local 
agencies, and private corporations; site visits; regional Geographic 
Information System (GIS) layers, including soil and species coverages; 
and data submitted to the California Natural Diversity Database 
(CNDDB). We have also reviewed available information that pertains to 
the ecology, life history, and habitat requirements of this species. 
This material included information and data in peer-reviewed articles; 
reports of monitoring and habitat characterizations; reports submitted 
during section 7 consultations; our recovery plan for the species; and 
information received from local species experts. We are not proposing 
to designate as critical habitat any areas not occupied at the time of 
listing and presently occupied by the species.
    At the time of the final listing in 1994, it was thought that 
approximately 70 percent of the range of Chorizanthe pungens var. 
pungens occurred on Fort Ord; C. p. var. pungens was reported from 
approximately two-thirds of the installation at varying densities (U.S. 
Army Corps of Engineers (ACOE) 1992, Figure F-3). Fort Ord was 
considered the most important inland occurrence of C. p. var. pungens 
because of the extent of habitat the species occupied at this location. 
Further refined mapping of occurrences in the Prunedale area, north of 
Fort Ord, and extensions of inland occurrences (that were reported at 
the time of the final listing) have been identified over the last few 
years. This more complete information on the relative distribution of 
the species within its known range has led us to conclude that 
preserving the population on Fort Ord, as well as several inland sites 
is important to the long-term conservation of the species.

Primary Constituent Elements

    In accordance with section 3(5)(A)(i) of the Act and regulations at 
50 CFR 424.12, in determining which areas to propose as critical 
habitat, we consider those physical and biological features (PCEs) that 
are essential to the conservation of the species, and within areas 
occupied by the species at the time of listing, 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 (or development) of offspring; and 
habitats that are protected from disturbance or are representative of 
the historic geographical and ecological distributions of a species.
    The specific primary constituent element required for Chorizanthe 
pungens var. pungens is derived from the biological needs of C. p. var. 
pungens as described in the Background section of this proposal and 
referenced in the previous designation for critical habitat published 
in the Federal Register.

Space for Individual and Population Growth, Including Sites for Seed 
Dispersal and Germination; and for the Seed Bank

    Chorizanthe pungens var. pungens readily grows where suitable sandy 
substrates occur and, like other Chorizanthe species, where competition 
with other plant species is minimal (Harding Lawson Associates 2000, p. 
1; Reveal 2001, unpaginated). Where C. p. var. pungens occurs within 
native plant communities, along the coast as well as at more interior 
sites, it occupies microhabitat sites found between shrub stands where 
there is little cover from other herbaceous species. Where C. p. var. 
pungens occurs within grassland communities, the density of C. p. var. 
pungens may decrease with an increase in the density of other 
herbaceous species. Conserved areas should be of sufficient size to 
maintain the native plant communities that support C. p. var. pungens 
which include coastal dune, coastal scrub, grassland, maritime 
chaparral, oak woodland, and interior floodplain dune communities and 
have a structure with openings between the dominant elements (Service 
1998, p. 20).
    These openings within the vegetation community should be free of 
nonnative invasive plant species. Not only do invasive, non-native 
plants physically exclude C. p. var. pungens seedlings, but many of the 
hymenopteran (members of the insect order that includes bees, wasps, 
and ants) pollinators important to Chorizanthe pollination (e.g., 
sphecid wasps, bumblebees, and bees from the families, Halictidae and 
Anthophoridae), require bare ground for nesting (Murphy 2003a, p 4). 
Removal of invasive non-native species may help to maintain existing 
rates of pollinator visitation. Although areas with little or no cover 
of non-native invasive species may be optimal for the conservation of 
C. p. var. pungens, seeds that subsequently germinate may still be 
present beneath the canopy of the non-native invasive plants.
    Conservation of Chorizanthe pungens var. pungens depends not only 
on adequate space for growth, but also on maintaining the dynamic 
nature of C. p. var. pungens habitat, which ensures the availability of 
microsites appropriate for germination and growth. Coastal dune 
communities are subject to natural dynamic processes that create 
suitable openings in scrub and chaparral communities (Cooper 1967, pp. 
63-72; Barbour and Johnson 1988, p. 242). Shifts in habitat composition 
caused by patterns of dune mobilization that create openings suitable 
for C. p. var. pungens are followed by stabilization and successional 
trends in coastal dune scrub that result in increased vegetation cover 
over time (Barbour and Johnson 1988, p. 242). Accordingly, over time 
there are shifts in the distribution and size of individual colonies of 
C. p. var. pungens found in the gaps between shrub vegetation.
    Human-caused disturbances, such as scraping of roads and 
firebreaks, can reduce the competition from other herbaceous species 
and consequently provide favorable conditions for Chorizanthe pungens 
var. pungens. This has been observed at former Fort Ord where C. p. 
var. pungens occurs along the margins of dirt roads (ACOE 1992, p. 39; 
U.S. BLM 2003, pp. 15-22). However, such activities can also promote 
the spread and establishment of non-native species, can bury the 
seedbank of C. p. var. pungens, and do not result in the cycling of 
nutrients and soil microbial changes that are associated with large-
scale natural disturbances, such as fires (Stylinski and Allen 1999, 
pp. 544-554; Keeley and Keeley 1989, pp. 67-70). This type of 
management may not sustain populations over the long term and would 
likely result in a general degradation of habitat for C. p. var. 
pungens if conducted over large areas.
    Conservation of Chorizanthe pungens var. pungens depends on 
adequate space to promote pollinator activity and decrease the edge 
effects associated with urban development. Larger areas with a high 
volume-to-edge ratio are less likely to be affected by the range of 
human activities that would alter adjacent C. p. var. pungens habitat. 
Potential edge effects identified for other Chorizanthe species that 
may also affect C. p. var. pungens include the introduction of

[[Page 75194]]

non-native plants (e.g., landscaping plants), roadside mowing for fuel 
reduction, informal recreation, trash and landscape waste dumping, 
hydrologic changes from landscape watering or increased paved surfaces, 
and pesticide drift (Conservation Biology Institue 2000, pp. 6-17). 
Large occurrences of C. p. var. pungens are more likely to attract 
insect pollinators necessary for the production of viable seed and 
promote gene flow, to withstand periodic extreme environmental stresses 
(e.g., drought, disease), and may act as important ``source'' 
populations to allow recolonization of surrounding areas following 
periodic extreme environmental stresses (Schemske et al., pp. 584-588). 
Small patches of plants have been documented to suffer reproductive 
failure due to lack of effective pollination when critical thresholds 
of isolation were exceeded. In contrast, sufficiently large patches 
attracted pollinators regardless of their degree of isolation (Groom 
1998, p. 487). However, small populations of plants may serve other 
functions that support the long-term persistence of the species. They 
may serve as corridors for gene flow between larger populations, and 
may harbor greater levels of genetic diversity than predicted for their 
size (Lesica and Allendorf 1991, pp. 172-175).
    Chorizanthe pungens var. pungens appears to function as an 
opportunistic annual plant, most of its seeds germinating under 
variable winter conditions, rather than persisting to create an 
extensive, long-lasting soil seed bank (Fox et al. 2006, p. 168). This 
highlights the importance of protecting above-ground plants from 
germination through seed set each year (approximately December through 
the following September), as it appears the persistence of C. p. var. 
pungens relies on successful seed set from the previous year in 
addition to adequate climatic conditions. This has implications for the 
amount of successive disturbance that C. p. var. pungens can endure and 
still persist. Management activities that are used for non-native 
invasive species removal, such as mowing prior to seed development, are 
unlikely to be compatible with the long-term persistence of C. p. var. 
pungens.

Areas That Provide the Basic Requirements for Growth (Such as Water, 
Light, and Minerals)

    Chorizanthe pungens var. pungens occurs on sandy soils with a 
variable origin, including active dunes, interior fossil dunes, and 
floodplain alluvium (Service 1998, pp 1-13, 20). The most prevalent 
soil series represented are coastal beaches, dune sand, Baywood sand, 
Oceano loamy sand, Arnold loamy sand, Santa Ynez fine sandy loam, 
Arnold-Santa Ynez complex, Metz loamy sand, and Metz complex (Soil 
Conservation Service 1978, pp 13-73, 1980, pp. 9-81). Sites where C. p. 
var. pungens occurs are generally bare, sandy patches free of other 
vegetation (Zoger and Pavlik 1987, unpaginated). On the coast, it 
occurs in coastal dune scrub and chaparral communities (Service 1998, 
pp 19-20; CNDDB 2006). Chorizanthe pungens var. pungens does not occur 
under dense stands of vegetation, but will occur between more widely-
spaced shrubs or gaps in the shrub vegetation. At more inland sites, C. 
p. var. pungens occurs on sandy, well-drained soils in a variety of 
habitat types, most frequently maritime chaparral, valley oak 
woodlands, and grasslands (CNDDB 2006). In grassland and oak woodland 
communities, abundant annual grasses may outcompete C. p. var. pungens, 
but in places where grass species are controlled through grazing, 
mowing, or fire activities that are appropriate in timing and 
intensity, C. p. var. pungens may persist (e.g. Zander Associates 2003, 
pp. B.22-B.24; Morgan 2006). Additional specific information about the 
native plant communities associated with C. p. var. pungens can be 
found in the listing rule notice (59 FR 5499) and the final critical 
habitat designation (67 FR 37498).

Primary Constituent Elements for Chorizanthe pungens var. pungens

    Pursuant to our regulations, we are required to identify the known 
physical and biological features (PCEs) essential to the conservation 
of Chorizanthe pungens var. pungens. All areas proposed as critical 
habitat for C. p. var. pungens were occupied at the time of listing and 
are presently occupied, within the species' historic geographic range, 
and contain the PCE 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 PCE for Chorizanthe pungens var. pungens is:

    1. A vegetation structure arranged in a mosaic with openings 
between the dominant elements (e.g., scrub, shrub, oak trees, clumps 
of herbaceous vegetation) providing for sunlight on the following 
sandy soils: coastal beaches, dune land, Baywood sand, Ben Lomond 
sandy loam, Elder sandy loam, Oceano loamy sand, Arnold loamy sand, 
Santa Ynez fine sandy loam, Arnold-Santa Ynez complex, Metz complex, 
and Metz loamy sand.

    This proposed revision to the critical habitat designation is 
designed for those areas containing the PCE necessary to support the 
life history functions that were the basis for the proposal. Each of 
the areas proposed in this rule have been determined to contain the PCE 
to provide for the life history functions of Chorizanthe pungens var. 
pungens. Units are proposed for designation based on the PCE being 
present to support one or more of the species' life history functions.

Criteria Used To Identify Critical Habitat

    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 Chorizanthe pungens 
var. pungens. This includes information from the final listing rule; 
data from research and survey observations published in peer-reviewed 
articles; reports and survey forms prepared for Federal, State, and 
local agencies, and private corporations; site visits; regional 
Geographic Information System (GIS) layers, including soil and species 
coverages; and data submitted to the California Natural Diversity 
Database (CNDDB). We have also reviewed available information that 
pertains to the ecology, life history, and habitat requirements of this 
species. This material included information and data in peer-reviewed 
articles, reports of monitoring and habitat characterizations, reports 
submitted during section 7 consultations, scientific information cited 
in our recovery plan, and information received from local species 
experts. We are not proposing to designate any areas outside of the 
areas occupied by the species at the time of listing.
    The long-term conservation of Chorizanthe pungens var. pungens is 
dependent upon the protection of existing population sites and the 
maintenance of ecologic functions, such as connectivity between 
populations within close geographic proximity to facilitate pollinator 
activity and seed dispersal.
    We are proposing to designate critical habitat on lands occupied by 
the species at the time of listing and that, according to the best 
available information, continue to be occupied to date. All proposed 
units contain the features essential to the conservation of Chorizanthe 
pungens var. pungens. We are not proposing any units that are 
unoccupied.

[[Page 75195]]

    Determining the specific areas that this taxon occupies is 
challenging for several reasons: (1) The distribution of Chorizanthe 
pungens var. pungens appears to be more closely tied to the presence of 
sandy soils and openings in the surrounding vegetation than to specific 
plant communities because plant communities may undergo changes over 
time, which, due to the degree of cover that is provided by that 
vegetation type, may either favor the presence of C. p. var. pungens or 
not; (2) the way the current distribution of C. p. var. pungens is 
mapped varies depending on the scale at which patches of individuals 
were recorded (e.g., many small patches versus one large patch); and 
(3) depending on the climate and other annual variations in habitat 
conditions, the extent of the distributions may either shrink and 
temporarily disappear, or enlarge and cover a more extensive area.
    We used a multi-step process to identify and delineate proposed 
critical habitat units. First we mapped all CNDDB records of 
Chorizanthe pungens var. pungens known at the time of the final listing 
in a GIS format. These data consist of points and polygons depicting 
the results of field surveys. Additional records from recent surveys 
that have been reported to the CNDDB but have not yet been entered into 
their database were also mapped in GIS format. These surveys provided 
more detailed distribution information for C. p. var. pungens within 
and around known occurrences, but did not extend the known range of the 
taxon. We then selected sites from among this data set that contain the 
necessary features essential to the conservation of C. p. var. pungens, 
that may require special management considerations or protection, and 
would result in a designation that: (a) Represents the geographic range 
of the species, and captures peripheral populations; (b) encompasses 
large occurrences in large areas of contiguous native habitat, as these 
have the highest likelihood of persisting through the environmental 
extremes that characterize California's climate and of retaining the 
genetic variability to withstand future introduced stressors (e.g., new 
diseases, pathogens, or climate change); (c) includes the range of 
plant communities and soil types in which C. p. pungens is found; (d) 
maintains connectivity of occurrences; and (e) maintains the 
disturbance factors that create the openings in vegetation cover on 
which this taxon depends.
    Species and plant communities that are protected across their 
ranges are expected to have lower likelihoods of extinction (Soule and 
Simberloff 1986; Scott et al 2001, p. 1297-1300); therefore, proposed 
critical habitat should include multiple locations across the entire 
range of the species to prevent range collapse. Protecting peripheral 
or isolated populations is highly desirable because they may contain 
genetic variation not found in core populations. The genetic variation 
results from the effects of population isolation and adaptation to 
locally distinct environments (Lesica and Allendorf 1995, pp. 754-757; 
Fraser 2000, pp. 49-51; Hamrick and Godt, pp. 291-295). We also sought 
to include the range of plant communities, soil types, and elevational 
gradients in which Chorizanthe pungens var. pungens is found to 
preserve the genetic variation that may result from adaptation to local 
environmental conditions, documented in other plant species (e.g. see 
Hamrick and Godt pp. 299-301; Millar and Libby 1991, pp. 150, 152-155). 
Finally, habitat fragmentation can result in loss of genetic variation 
(Young et al. 1996, pp. 413-417); therefore, we sought to maintain 
connectivity between patches or occurrences of plants.
    In determining the extent of lands to propose as critical habitat, 
we identified all areas which contain those biological and physical 
features essential to the conservation of the species and are either 
already protected, managed, or otherwise unencumbered by conflicting 
use (e.g., undeveloped County or City parks, proposed preservation 
areas). Populations in these areas are most likely to persist into the 
future and to contribute to the species' survival and recovery. We 
added ownership categories to the proposed designation in the following 
manner: First we included undeveloped Federal and State lands, then 
local agency and private lands with recognized resource conservation 
emphasis (e.g., lands owned by a conservation-oriented non-profit 
organization, undeveloped County or City parks), and finally other 
agency and private lands.

Mapping

    To map the proposed revised critical habitat units, we overlaid 
Chorizanthe pungens var. pungens records on soil series data and, where 
available, vegetation data (e.g., maritime chaparral mapped by Van Dyke 
and Holl (2003)) to determine appropriate polygons that would contain 
the necessary habitat features essential to the conservation of C. p. 
var. pungens. This taxon is closely tied to the presence of sandy soil 
types, and occurrences are generally scattered between vegetation gaps 
within appropriate soil types. Units were delineated by first mapping 
the occurrences and soil types and considering other geographic 
features such as developed areas and road boundaries.
    When determining the proposed revisions to critical habitat 
boundaries within this proposed rule, we made every effort to avoid 
including developed areas, such as buildings, paved areas, and other 
structures, as well as tilled fields, row crops, and golf courses that 
lack the PCE for Chorizanthe pungens var. pungens. The scale of the 
maps prepared under the parameters for publication within the Code of 
Federal Regulations may not reflect the non-inclusion 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 
revision to critical habitat have been excluded by text in the proposed 
revision and are not proposed for designation as critical habitat. 
Therefore, Federal actions limited to these areas would not trigger 
section 7 consultation, unless they affect the species and/or the 
primary constituent element in adjacent critical habitat.
    Using the above criteria we identified nine units that contain the 
necessary features essential to the conservation of Chorizanthe pungens 
var. pungens. Four units are located in southern Santa Cruz and 
northern Monterey County along the immediate coast; four are located in 
Monterey County inland from the Monterey Bay (including two in the 
Aptos area, one in the Prunedale area, and one at former Fort Ord); and 
one unit is located in the Salinas River Valley near Soledad.
    Units were designated based on the PCE being present to support 
Chorizanthe pungens var. pungens life processes.
    We are proposing to revise the critical habitat designation on 
lands that meet the first prong of the definition of critical habitat 
given previously and, therefore, were determined to be occupied at the 
time of listing and contain the primary constituent element to support 
life history functions essential for the conservation of the species. 
The proposed revision to critical habitat is designed to provide 
sufficient habitat to maintain self-sustaining populations of C. p. 
var. pungens throughout its range and provide those habitat components 
that have the necessary features that are essential for the 
conservation of the species. The habitat components provide for: (1) 
individual and population growth, including sites for germination, 
pollination, reproduction,

[[Page 75196]]

pollen and seed dispersal; (2) areas that allow gene flow and provide 
connectivity between occupied areas; and (3) areas that provide basic 
requirements for growth, such as appropriate soil type and openings 
within vegetation cover. All proposed revised critical habitat units 
were delineated based on the PCE being present to support C. p. var. 
pungens life processes.
    Section 10(a)(1)(B) of the Act authorizes us to issue permits for 
the take of listed animal species incidental to otherwise lawful 
activities. An incidental take permit application must be supported by 
a habitat conservation plan (HCP) that identifies conservation measures 
that the permittee agrees to implement for the species to minimize and 
mitigate the impacts of the requested incidental take. We often exclude 
non-Federal public lands and private lands that are covered by an 
existing operative HCP and incidental take permit under section 
10(a)(1)(B) of the Act from designated critical habitat because the 
benefits of exclusion outweigh the benefits of inclusion as discussed 
in section 4(b)(2) of the Act. We are currently unaware of any areas 
within this critical habitat proposal that fall into this category.

Special Management Considerations or Protections

    When designating critical habitat, we assess whether the areas 
determined to be occupied at the time of listing and which contain the 
PCE may require special management considerations or protections. We 
have also considered how revising the current designation highlights 
habitat that needs special management consideration or protection.
    Many of the known occurrences of Chorizanthe pungens var. pungens 
are threatened by direct and indirect effects from habitat 
fragmentation and loss, and edge effects resulting from urban 
development. Examples of edge effects include increases in invasive 
non-native species and increased trampling and soil compaction from 
recreation (Conservation Biology Institute 2000, p 5). Additional 
threats to C. p. var. pungens include road development, invasive 
species control with herbicides, industrial and recreational 
development, equestrian and other recreational activities, and dune 
stabilization using non-native species (59 FR 5499). Threats that could 
result in unfavorable disturbance intensity, frequency, or timing and 
can destroy individual plants or deplete any associated seed bank 
include road maintenance, invasive species control, and fire 
suppression. These threats may require special management to ensure the 
long-term conservation of C. p. var. pungens. Threats specific to 
individual units are described in the following below titled ``Proposed 
Revisions to the Critical Habitat Designation.''

Summary of Changes From Previously Designated Critical Habitat

    The areas identified in this proposed rule constitute a proposed 
revision from the areas we designated as critical habitat for 
Chorizanthe pungens var. pungens on May 29, 2002 (67 FR 37498). The 
main differences include the following:
    1. The 2002 critical habitat rule (67 FR 37498) consisted of 10 
units comprising a total of 18,829 acres (7,620 ha). This proposed 
revision includes 9 units comprising a total of 11,032 acres (ac) 
(4,466 ha). Eight of the units in the proposed revision are generally 
located in the same geographic locations as those from the previous 
designation and bear the same unit names. The ninth unit in this 
current proposed revision (Manresa) was included in the previous 
proposed critical habitat designation in 2000, but dropped from the 
previous final designation in 2002 due to confusion concerning the 
identity of the spineflower populations that occur there. Since 2002, 
we confirmed the presence of Chorizanthe pungens var. pungens at 
Manresa State Beach. Additionally, two of the units included in the 
previous designation in 2002 were not included in this proposed 
revision. One of these units, Del Rey Oaks, has substantial areas of 
development within its boundaries, and as a consequence the areas 
within the unit that contain the PCEs are very fragmented. The second 
of these units, Bel Mar, is in close proximity to the Manresa unit 
included in this proposed revision, but not included in the 2002 
critical habitat rule. The Monterey spineflower in the Manresa unit was 
recently discovered and contains a more robust population than the Bel 
Mar unit. For these reasons, the Del Rey Oaks and Bel Mar units are no 
longer considered essential to the conservation of the species.
    2. We revised the PCEs. The 2002 critical habitat rule listed four 
separate elements that we believed to be important to maintaining 
populations of Chorizanthe pungens var. pungens where they occur 
(soils, plant communities, low cover of non-native species, and 
physical processes that support natural dune dynamics). In our proposed 
revision of critical habitat, we have combined these four elements 
within one PCE in an effort to emphasize the overarching importance of 
the structure of the vegetation (mosaic with openings between the 
dominant elements).
    3. Most of the units in this proposed revision are smaller in 
acreage than their counterpart units in the 2002 critical habitat rule. 
The decrease in size is due primarily to the removal of numerous 
parcels in private ownership where, due to the availability of updated 
aerial imagery, we removed areas of development included in the 2002 
critical habitat rule and areas developed since the publication of the 
prior rule. In addition, the changes to Unit 7 are due to the removal 
of areas in the 2002 rule that are underlain by soil types not known to 
support Monterey spineflower, and removal of areas containing suitable 
soils isolated by development (and not known to support Monterey 
spineflower). The resulting units are more accurately mapped to include 
those areas that contain the PCEs.

Proposed Revisions to the Critical Habitat Designation

    We are proposing nine critical habitat units for Chorizanthe 
pungens var. pungens. These units, which generally correspond to those 
units in the 2002 designation, if finalized, would entirely replace the 
current critical habitat designation for Chorizanthe pungens var. 
pungens in 50 CFR 17.95(a). The critical habitat units described below 
constitute our best assessment at this time of areas determined to be 
occupied at the time of listing that contain the primary constituent 
element, and that may require special management. The nine proposed 
critical habitat units are: Sunset Unit 1, Moss Landing Unit 2, Marina 
Unit 3, Asilomar Unit 4, Freedom Boulevard Unit 5, Manresa Unit 6, 
Prunedale Unit 7, Fort Ord Unit 8, and Soledad Unit 9.
    The approximate area encompassed within each proposed critical 
habitat unit is shown in Table 1.

[[Page 75197]]



                                     Table 1.--Critical Habitat Units Proposed for Chorizanthe pungens var. pungens
                                      [Area estimates reflect all land within critical habitat unit boundaries] \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 State lands          Private lands       County and other        Federal lands       Estimate of total
                                           --------------------------------------------  local jurisdictions ----------------------       acreages
                 Unit name                                                             ----------------------                      ---------------------
                                              Acres     Hectares    Acres     Hectares    Acres     Hectares    Acres     Hectares    Acres     Hectares
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Sunset.................................         85         35          0          0          0          0          0          0         85         35
2. Moss Landing...........................        224         91          0          0          0          0          0          0        224         91
3. Marina \2\.............................        884        358          0          0          0          0          0          0        884        358
4. Asilomar...............................         40         16          0          0          4          2          4          1         48         19
5. Freedom Blvd...........................          0          0         24         10          0          0          0          0         24         10
6. Manresa................................         94         38          0          0          0          0          0          0         94         38
7. Prunedale..............................        155         63         17          7         18          7          0          0        190         77
8. Fort Ord \2\...........................        606        245          0          0        654        265      8,172      3,307      9,432      3,817
9. Soledad................................          0          0         51         21          0          0          0          0         51         21
                                           -------------------------------------------------------------------------------------------------------------
    Approximate Total.....................      2,088        845         92         38        676        274      8,176      3,309     11,032      4,466
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Approximate acres have been converted to hectares (1 ha = 2.47 ac). Based on the level of imprecision of mapping of each unit, hectares and acres
  greater than 10 have been rounded to the nearest 5; hectares and acres less than or equal to 10 have been rounded to the nearest whole number. Totals
  are sums of units.
\2\ Acreages assigned to various landowner categories for the Fort Ord and Marina units (on former Fort Ord) reflect future land recipient, as indicated
  by 2006 Army records.

    We present descriptions of all units, and reasons why they meet the 
definition of critical habitat for Chorizanthe pungens var. pungens, 
below.

Unit 1: Sunset (85 ac (35 ha))

    This unit consists of coastal beaches, dunes, and bluffs located 
west of Watsonville in southern Santa Cruz County. Unit 1 contains 
space for individual and population growth, including sites for seed 
dispersal and germination; provides the basic requirements for growth; 
and includes soils primarily in the coastal beach, dune land, and 
Baywood sand series (Soil Conservation Service 1978, pp. 13-25; 1980 
(maps)) (PCE 1). This unit was occupied at the time of listing and is 
currently occupied (CNDDB 2006, CDPR 2006a). This unit consists 
exclusively of State land (85 ac (35 ha)) and is entirely within the 
boundaries of Sunset State Beach. The unit includes land from Sunset 
Beach Road south to the gate on Shell Road, just north of the mouth of 
the Pajaro River, and west of Shell Road, which extends the length of 
the park. Unit 1 is important because it supports a large population of 
Chorizanthe pungens var. pungens that in some years numbers in the tens 
of thousands (CNDDB 2006, CDPR 2006a). Threats that may require special 
management considerations or protection in this unit include invasive 
non-native plants, particularly European beachgrass which forms dense 
stands on coastal beaches and crowds out C. p. var. pungens, and 
recreational activities, including camping and foot traffic, which 
could result in the trampling of plants.

Unit 2: Moss Landing (224 ac (91 ha))

    This unit consists of coastal beaches, dunes, and bluffs to the 
north and south of the community of Moss Landing in northern Monterey 
County. Unit 2 contains space for individual and population growth, 
including sites for seed dispersal and germination, and areas that 
provide for the basic requirements for growth, including soils in the 
coastal beach, and dune land series (Soil Conservation Service 1978, 
pp. 13-25) (PCE 1). The northern portion of this unit includes lands 
owned and managed by the State, including portions of Zmudowski State 
Beach and Moss Landing State Beach between the mouths of the Pajaro 
River and Elkhorn Slough. The southern portion of this unit includes 
State lands within Salinas River State Beach. This unit was occupied at 
the time of listing and was included in our previous critical habitat 
designation. Herbarium records indicate that this site was occupied as 
early as 1933 and has remained occupied through time (Consortium of 
California Herbaria 2006 cites collections by H.S. Tates, 1936; T. 
Craig, 1933; J. Thomas, 1950). Chorizanthe pungens var. pungens was 
also recently observed in this unit (CDPR 2006b, unpaginated). This 
unit contains one of only five populations found along the coast, and 
it may provide connectivity between the Sunset unit to the north, and 
the Marina unit to the south. Threats that may require special 
management considerations or protection in this unit consist of 
invasive non-native plants, particularly ice-plant which forms dense 
ground cover on coastal beaches and crowds out C. p. var. pungens; and 
recreational activities including foot traffic, which could result in 
the trampling of plants.

Unit 3: Marina (884 ac (358 ha))

    This unit consists