Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Poa atropurpurea (San Bernardino bluegrass) and Taraxacum californicum (California taraxacum), 44232-44282 [07-3836]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 72, Number 151 (Tuesday, August 7, 2007)]
[Proposed Rules]
[Pages 44232-44282]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3836]



[[Page 44231]]

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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 Poa atropurpurea (San Bernardino bluegrass) and Taraxacum 
californicum (California taraxacum); Proposed Rule

Federal Register / Vol. 72, No. 151 / Tuesday, August 7, 2007 / 
Proposed Rules

[[Page 44232]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AV04


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for Poa atropurpurea (San Bernardino bluegrass) and 
Taraxacum californicum (California taraxacum)

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 Poa atropurpurea and Taraxacum 
californicum under the Endangered Species Act of 1973, as amended 
(Act). We propose approximately 3,014 acres (ac) (1,221 hectares (ha)) 
of land in San Bernardino and San Diego Counties, California, as 
critical habitat for P. atropurpurea, and approximately 1,930 ac (782 
ha) of land in San Bernardino County, California, as critical habitat 
for T. californicum.

DATES: We will accept comments from all interested parties until 
October 9, 2007. We must receive requests for public hearings, in 
writing, at the address shown in the ADDRESSES section by September 21, 
2007.

ADDRESSES: If you wish to comment on the proposed rule, you may submit 
your comments and materials by any one of several methods:
    1. You may mail or hand-deliver written comments and information to 
Jim Bartel, Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad 
Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, CA 92011.
    2. You may send comments by electronic mail (e-mail) to 
fw8cfwocomments@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 760-431-9624.
    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 Carlsbad Fish and Wildlife Office, 6010 Hidden Valley 
Road, Carlsbad, CA 92011 (telephone 760-431-9440).

FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, Carlsbad 
Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, CA 92011; 
telephone 760-431-9440; facsimile 760-431-9624. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

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, we request 
comments or suggestions from the public, other concerned governmental 
agencies, the scientific community, industry, or any other interested 
party concerning this proposed rule. We particularly seek comments 
concerning:
    (1) The reasons why habitat should or should not be designated as 
critical habitat under section 4 of the Act (16 U.S.C. 1531 et seq.), 
including whether the benefit of designation would outweigh threats to 
the species caused by designation such that the designation of critical 
habitat is prudent;
    (2) Specific information on the amount and distribution of Poa 
atropurpurea and Taraxacum californicum habitat, what areas occupied at 
the time of listing and that contain features essential for the 
conservation of the species should be included in the designations and 
why, and what areas not occupied at the time of listing are essential 
to the conservation of the species and why;
    (3) Specifically with reference to those U.S. Forest Service (USFS) 
lands that are proposed for designation, information on any areas 
covered by conservation or management plans that we should consider for 
exclusion from the designation under section 4(b)(2) of the Act, 
particularly the appropriateness of including or excluding lands 
covered by the Cleveland National Forest (CNF) habitat management guide 
for four sensitive plant species in mountain meadows (CNF 1991), and 
the San Bernardino National Forest (SBNF) Meadow Habitat Management 
Guide (SBNF 2002a);
    (4) Any additional proposed critical habitat areas covered by 
conservation or management plans that we should consider for exclusion 
from the designation under section 4(b)(2) of the Act. We specifically 
request information on any operative or draft habitat conservation 
plans that include Poa atropurpurea or Taraxacum californicum as 
covered species that have been prepared under section 10(a)(1)(B) of 
the Act, or any other management or other conservation plan or 
agreement that benefits either plant or its primary constituent 
elements;
    (5) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat;
    (6) Any foreseeable economic, national security, or other potential 
impacts resulting from the proposed designation and, in particular, any 
impacts on small entities, and the benefits of including or excluding 
areas that exhibit these impacts; and
    (7) 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.
    You may submit your comments and materials concerning this proposal 
by any one of several methods (see ADDRESSES section). Please include 
``Attn: Poa atropurpurea and Taraxacum californicum'' 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 message, contact us directly by calling our Carlsbad 
Fish and Wildlife Office at 760-431-9440.
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Background

    It is our intent to discuss only those topics directly relevant to 
the designation of critical habitat in this proposed rule. For more 
information on the taxonomy and biology of Poa atropurpurea and 
Taraxacum californicum, refer to the final listing rule published in 
the Federal Register on September 14, 1998 (63 FR 49006).
    Poa atropurpurea, a member of the grass family (Poaceae), is a 
dioecious (separate male and female plants), tufted perennial with 
creeping rhizomes (Soreng 1993, p. 1287). This species occurs in the 
Big Bear region of the San Bernardino Mountains, as well as in meadows 
in the Laguna Mountains and Palomar Mountains of San Diego County 
(California Department of Fish and Game's California Natural Diversity 
Database (CNDDB) 2006a, pp. 1-21).

[[Page 44233]]

Taraxacum californicum, a thick rooted perennial herb in the sunflower 
family (Asteraceae), often co-occurs with P. atropurpurea (Krantz 1981, 
pp. 10, 14, 16, 21, 26, 30, and 32) in montane meadows in the Big Bear 
region of the San Bernardino Mountains.
    Poa atropurpurea is restricted to wet montane meadows (Volgarino 
2000a, p. 1), subject to flooding in wet years (described as ``vernally 
wet marshlands'' by Hirshberg 1994, p. 1), and is commonly found along 
the drier margins apart from more mesic plants such as P. pratensis, 
Carex spp., or Juncus spp. (Krantz 1981, pp. 4, 10, 14, 16, 21, 26, 30, 
and 32). In Laguna Meadow, relatively high densities of P. atropurpurea 
(over 500 individuals at one location) have been reported from within 
marshy areas and drainages inside the meadow (Hirshberg 1994, p. 1), 
indicating this species is not restricted to the drier meadow margins. 
The perimeter of such meadows often intergrades with sagebrush scrub 
dominated by sagebrush or pine forest (Krantz 1981, p. 4).
    Taraxacum californicum is also found in wet meadows (Volgarino 
2000b, p. 1), as well as meadow-like forest openings associated with 
riparian areas such as Heart Bar Creek (SBNF 2000, p. 55), or the east 
fork of Lost Creek, (SBNF 2000, p. 55; CNDDBb, p. 10).
    According to the final listing rule (63 FR 49006; September 14, 
1998), Poa atropurpurea was known from fewer than 20 populations 
throughout its range on Federal, State, and private lands in the San 
Bernardino, Laguna, and Palomar Mountains. The final listing rule (63 
FR 49006; September 14, 1998) estimated fewer than 100 acres (ac) (40 
hectares (ha)) of P. atropurpurea habitat remained in the San 
Bernardino Mountains at the time of listing. However, the total area of 
documented habitat reported by CNDDB prior to listing (CNDDB 1996, pp. 
1-7) was 2,789 ac (1,129 ha) throughout the species range.
    According to the final listing rule, Taraxacum californicum was 
known from about 20 occurrences on Federal, State, local, and private 
lands in the San Bernardino Mountains at the time of listing (63 FR 
49006; September 14, 1998). About half of these occurrences were 
described in the final listing rule as being located ``within, or 
adjacent to, urbanized areas such as Big Bear City, Big Bear Lake 
Village, and Sugarloaf in San Bernardino County, California'' (also 
referred to as ``Bear Valley'' in herbarium collections; Curto 1992, 
pp. 3-5).
    According to survey information recorded in the CNDDB, 21 
occurrences of Poa atropurpurea (CNDDB 2006a, pp. 1-21) and 41 
occurrences of Taraxacum californicum are currently known (CNDDB 2006b, 
pp. 1-42). However, surveyor information submitted to the CNDDB comes 
from surveyors using various methods to record species occurrence 
information. For example, one surveyor may record an area containing 
several individual patches as a single occurrence while another may 
record each individual patch as a separate occurrence. Therefore, the 
status and distribution of these species is discussed below in terms of 
the number of meadow areas historically or currently occupied by either 
species.
    Survey information for both Poa atropurpurea and Taraxacum 
californicum is relatively sparse; no systematic surveys have been 
conducted for either species on a regular basis. However, between 2000 
and 2002, much of the meadow habitat in San Bernardino National Forest 
and surrounding lands was surveyed and mapped by San Bernardino 
National Forest (SBNF) personnel and private contractors (SBNF 2000, 
pp. 47-49; SBNF 2002a, p. 8; Eliason 2007, p. 1). The results were 
summarized in a Meadow Habitat Management Guide (Management Guide) 
(SBNF 2002a). According to this 2002 Management Guide, a minimum of 
4,430 ac (1,793 ha) of meadow habitat has been mapped on SBNF and 
surrounding lands (SBNF 2002a, pp. 8 and 13). According to occurrence 
information from the SBNF (SBNF 2000, pp. 47-49; SBNF 2002a, p. 8) and 
the CNDDB (2006a, pp. 1-21), P. atropurpurea has been documented in 15 
meadow areas in the Big Bear area, and 4 meadow areas in the Laguna and 
Palomar mountains of San Diego; T. californicum has been documented in 
29 meadow areas and 6 meadow-like forest openings in the Big Bear Lake 
area (CNDDB 2006b, pp. 1-39).
    The number of Taraxacum californicum individuals reported from any 
one location during 1999-2002 surveys ranged from 1 to over 150 (CNDDB 
2006b, pp. 1-39; Denslow et al. 2002, pp. 12 and 13; SBNF 2000, pp. 56-
59). The highest T. californicum occurrence concentrations have been 
reported in South Fork Meadows, Fish Creek Meadow, Bluff Meadow, 
Cienega Seca Meadow, Hitchcock Meadow (also referred to as Hitchcock 
Ranch), Belleville Meadow (Hitchcock and Belleville Meadows also 
referred to as Holcomb Valley), Broom Flat Meadow, Wildhorse Meadow, 
and North Shay Meadow (SBNF 2000, pp. 56-59). According to the final 
listing rule, population sizes of Poa atropurpurea typically range from 
2 to 300 individuals, although 3,000 individuals were reported from 
Belleville Meadow in 1999 (SBNF 2000, p. 49). In San Bernardino County, 
P. atropurpurea occurrences have been reported near Big Bear Lake in 
Bluff Meadow, Hitchcock Meadow, Belleville Meadow, North Shay Meadow, 
North Baldwin Lake Meadow, Cienega Seca Meadow, and Pan Hot Springs 
Meadow (SBNF 2000, pp. 47-49). In San Diego County, P. atropurpurea has 
also been reported from Mendenhall Valley on Palomar Mountain (CNDDB 
2006a, p. 3), Laguna Meadow on Laguna Mountain (CNDDB 2006a, pp. 4, 19, 
and 20), and Bear Valley southwest of Laguna Mountain (CNDDB 2006a, p. 
21). Tables 1 and 2 summarize all occurrence records for both species.

    Table 1.--Meadow Areas Historically and/or Currently Occupied by
             Taraxacum californicum in San Bernardino County
------------------------------------------------------------------------
                                         USFS                CNDDB
           Meadow name              identification      identification
                                      \1\        \2\
------------------------------------------------------------------------
Arrastre Meadow.................             ----\3\                  19
Belleville Meadow...............            8, 9, 60                  25
Big Meadow......................          17, 16, 45                  36
Bluff Meadow....................     50, 49, 11, 30,                  13
                                          33, 48, 12
Bow Meadow......................                  39                  33
Broom Flat Meadow...............              69, 58                  32
China Gardens/Eagle Point         3, 6, 7, 2, 34, 29                  21
 Meadows........................
Cienega Seca Meadow.............                  63                   2

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Division Meadow.................                  38                  41
East/West Observatory Meadows...               4, 32                  30
Erwin Meadows...................                  64                  26
Fawnskin Meadow.................                ----                  45
Fish Creek Meadow...............              56, 57                   6
                                              18, 55                  31
                                                  54                  37
                                                  67               x \4\
Green Spring Meadow.............                  23                  12
Hitchcock Meadow................           24, 5, 10                  20
Horse Meadow....................                  35                   5
Juniper Point Meadow............          42, 41, 40                  43
Merriman Meadow.................                  51                  39
Metcalf Meadow..................          46, 47, 59                  29
Metcalf/Coldbrook Meadows.......              13, 14                  16
Minnelusa Meadow................              44, 43                  42
North Baldwin Meadow............                  26                  17
Pan Hot Springs Meadow..........                  27                  24
                                                  25                  27
Rathbun Meadow..................                ----                  22
Red Ant Meadow..................                  37                  38
Seven Oaks Meadow...............                ----                  14
Shay Meadow.....................                  62                  28
                                                  36                  40
South Fork Meadow...............  19, 31, 21, 20, 52                   1
                                              53, 22                   3
Wildhorse Meadow................               1, 15                  34
                                                  60                  35
Un-named Meadow area (E of                        65                  11
 Southfork Meadow)..............
Un-named Meadow area (west of                     28                   9
 Shay Meadow and town of
 Sugarloaf).....................
Un-named Meadow area (S of Horse                ----                  44
 Meadow)........................
Un-named Meadow area (S of                      ----                   7
 Sugarloaf Meadow)..............
Un-named Meadow area (SE of Big                   66                   4
 Meadow)........................
Un-named Meadow area (vicinity                  ----                 10
 of Fish Creek Meadow)..........
------------------------------------------------------------------------
\1\ U.S. Forest Service (USFS) identification  = occurrence
  number or numbers assigned by the San Bernardino National Forest (SBNF
  2000).
\2\ CNDDB identification  = occurrence number assigned by the
  California Natural Diversity Database (CNDDB) (2006).
\3\ ---- = No geographically corresponding occurrence identified by the
  San Bernardino National Forest (SBNF 2000).
\4\ x = No geographically corresponding occurrence identified by the
  CNDDB (2006).


  Table 2.--Meadow Areas Historically and/or Currently Occupied by Poa
          atropurpurea in San Bernardino and San Diego Counties
------------------------------------------------------------------------
                                        USFS                CNDDB
          Meadow name              identification       identification
                                     \1\        \2\
------------------------------------------------------------------------
                          San Bernardino County
------------------------------------------------------------------------
Alden Meadow...................             --- \3\  14
Belleville Meadow..............   1, 2, 3, 4, 5, 6,  10
                                             59, 54
Big Bear City meadow fragments.  16, 17, 18, 19, 20  19
Bluff Meadow...................                  10  13
China Gardens/Eagle Point          7, 8, 9, 21, 22,  2
 Meadows.                           23, 24, 25, 26,
                                 27, 28, 30, 31,32,
                                         57, 58, 63
Cienega Seca Meadow............                  62  12
East Baldwin Meadow............                  56  x \4\
Erwin Meadows..................                ----  24
Hitchcock Meadow...............     33, 34, 35, 36,  11
                                    37, 38, 39, 40,
                                    41, 42, 43, 44,
                                 45, 46, 47,48, 49,
                                 50, 51, 52, 53, 55
Metcalf/Coldbrook Meadows......                ----  16
North Baldwin Meadow...........                  12  1
Pan Hot Springs Meadow.........                  13  17
                                               ----  ``near 17''

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Rathbun Meadow.................                ----  -21
                                               ----  23
Shay Meadow....................                  60  x
                                                     14, 15, 61
Wildhorse Meadow...............                  11  22
------------------------------------------------------------------------
                            San Diego County
------------------------------------------------------------------------
Bear Valley....................                      29
                                               ----  5
Laguna Meadow..................                ----  27
                                               ----  28
Filaree Flats (N of Laguna                           8
 Meadow).
Mendanhall Valley..............                      4
------------------------------------------------------------------------
\1\ U.S. Forest Service (USFS) USFS identification  =
  occurrence number or numbers assigned by the San Bernardino National
  Forest (SBNF 2000).
\2\ CNDDB identification  = occurrence number assigned by the
  California Natural Diversity Database (CNDDB) (2006).
\3\ --- = No geographically corresponding occurrence identified by the
  San Bernardino National Forest (SBNF 2000).
\4\ x = No geographically corresponding occurrence identified by the
  CNDDB (2006).

    As stated in the final listing rule, co-occurrence of male and 
female plants of Poa atropurpurea is necessary for seed production (63 
FR 49006; September 14, 1998). There is evidence that populations of P. 
atropurpurea in San Diego County are threatened by loss of genetic 
diversity and skewed sex ratios. According to the CNDDB (2006a, p. 21), 
all individuals reported from Bear Valley may be a single clone. 
Hirshberg (1994, pp. 1-2) reported only 4 males out of 1,140 total 
individuals during field surveys of Laguna Meadow, an overall 1:285 
male to female ratio. All five herbarium specimens from Laguna Meadow 
reviewed by Curto (1992, p. 3) were female (one from 1978, three from 
1981, and one from 1991). It is not known what may be the cause of 
these skewed sex ratios, or how the sex ratios may vary annually.
    According to the final listing rule introduced plant taxa have 
likely reduced the amount of suitable habitat for both species, and 
hybridization with exotic congeners may also be a threat (63 FR 49006; 
September 14, 1998). Of particular concern for Poa atropurpurea in 
grazed areas is exacerbation of the invasion of P. pratensis by grazing 
and consumption of P. atropurpurea seeds prior to seed set (Sproul and 
Beauchamp 1979, pp. 4, 5, and 6; CNF 1991, pp. 13-17; Curto 1992, pp. 
10 and 11; Soreng 2000, pp. 1-4). Possible hybridization with common 
nonnative congeners has been discussed as a threat for P. atropurpurea 
(Curto 1992, p. 11), but is of particular concern with regard to 
Taraxacum californicum and the common invasive T. officinale (SBNF 2000 
p. 40; SBNF 2002a, p. 114).

Previous Federal Actions

    For more information on previous Federal actions concerning Poa 
atropurpurea or Taraxacum californicum, refer to the final listing rule 
for six plants from the mountains of southern California, including 
both of these species, published in the Federal Register on September 
14, 1998 (63 FR 49006). At that time, we determined that the 
designation of critical habitat was not prudent due to the potential 
increase of threats from vandalism, over-collection, or other human 
activities. On September 13, 2004, the Center for Biological Diversity 
and the California Native Plant Society filed suit against the Service 
(CBD and CNPS v. Norton, 04-1150 RT SGLx; C.D. Cal.) challenging our 
not prudent finding. As a result of a stipulation approved by the court 
on April 20, 2007, the Service is required to submit a proposed rule to 
designate critical habitat for these species, if prudent, to the 
Federal Register on or before July 27, 2007, and a final rule on or 
before July 25, 2008. We agreed to complete a critical habitat 
determination for these two species in a single rulemaking because they 
share similar habitats. We have re-evaluated our previous not prudent 
determination and now believe that identification of primary 
constituent elements and areas containing those features essential to 
the conservation of the species may provide educational information to 
individuals, local and State governments, and other entities. We do not 
have any documentation that over-collection has increased since these 
species were listed, and most landowners and collectors have been aware 
of the location of occupied habitat adjacent to or bisected by 
classified and unclassified roads since publication of the final 
listing rule in 1998. Although these species are limited in their 
ecological and geographical ranges, we have no information supporting 
our concern that a critical habitat designation would not be prudent 
due to the threat of over-collection or vandalism, and now believe that 
the benefits of identifying critical habitat for these species 
outweighs the potential risk of over-collection.. Thus, we are 
proposing to designate critical habitat for P. atropurpurea and T. 
californicum in accordance with section 4(b)(2) of the Act.

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 that 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.

[[Page 44236]]

    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(a)(2) of the Act requires 
consultation on Federal actions that may affect critical habitat. The 
designation of critical habitat does not affect land ownership or 
establish a refuge, wilderness, reserve, preserve, or other 
conservation area. Such designation does not allow government or public 
access to private lands. Section 7(a)(2) of the Act is a purely 
protective measure and does not require implementation of restoration, 
recovery, or enhancement measures.
    To be included in a critical habitat designation, habitat within 
the geographical area occupied by the species at the time of listing 
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 (areas on which are found the 
primary constituent elements, as defined at 50 CFR 424.12(b)).
    Areas unoccupied at the time of listing can be designated as 
critical habitat. However, 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.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific and commercial data available. 
Further, 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 information sources may include the recovery plan for the 
species, articles in peer-reviewed journals, conservation plans 
developed by States and counties, scientific status surveys and 
studies, biological assessments, 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.
    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) of the Act, we use the best scientific 
data available in determining areas occupied at the time of listing 
that contain the features essential to the conservation of Poa 
atropurpurea and Taraxacum californicum individually, and areas not 
occupied at the time of listing that are essential to the conservation 
of P. atropurpurea and T. californicum individually. We have also 
reviewed available information that pertains to the habitat 
requirements of these species. These sources of information 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 with species experts including USFS 
personnel; data and information presented in academic research theses; 
data provided by the CNDDB; herbarium records; data submitted during 
section 7 consultations; and regional Geographic Information Systems 
(GIS) data. We are not currently proposing as critical habitat any 
areas outside the geographical area presently occupied by either 
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 within areas occupied by the species at the time of listing, we 
consider those physical and biological features (primary constituent 
elements) that are essential to the conservation of the species and 
that may require special management considerations or protection. These 
include, but are not limited to: (1) Space for individual and 
population growth and for normal behavior; (2) food, water, air, light, 
minerals, or other nutritional or physiological requirements; (3) cover 
or shelter; (4) sites for breeding, reproduction, and rearing (or 
development) of offspring; and (5) habitats that are protected from 
disturbance or are representative of the historic geographical and 
ecological distributions of a species.
    The specific primary constituent elements (PCEs) required for Poa 
atropurpurea and Taraxacum californicum individually, are derived from 
the biological needs of each species as described in the final listing 
rule (63 FR 49006; September 14, 1998) and discussed below.

Space for Individual and Population Growth, and Nutritional 
Requirements

    Open-canopy forested areas supporting relatively undisturbed, wet 
meadows subject to flooding during wet years support growth, 
reproduction (SBNF 2002a, p. 109; Curto 1997, p. 12), and pollination 
(by wind for Poa atropurpurea, by insects for Taraxacum californicum) 
of both species. T. californicum also occurs in smaller forest openings 
with seeps, springs, or creeks. Due to the relatively small size of 
these forest openings, these areas are not generally mapped or named as 
meadows. We've referred to these areas as unnamed meadow areas (please 
refer to Table 1). These species require non-

[[Page 44237]]

compacted or non-eroded soils for reproduction, growth, and survival 
(Curto 1997, p. 12). Invasive nonnative species may compete for open, 
bare ground and reduce space available for growth (Curto 1992, p. 10), 
and therefore, these species require micro-habitats free of exotic, 
invasive competitors. Habitat invaded by the nonnative species T. 
officinale may result in hybridization with T. californicum, and 
prevent population growth (SBNF 2000 p. 40; SBNF 2002a, p. 114). Both 
species require a perennial water source, as exists in relatively 
intact, wet meadow systems (Service GIS database; Eliason 2007, p. 1).
    Soils occupied by Poa atropurpurea have been characterized as loamy 
alluvial to sandy loam (CNDDB 2006a, pp. 1-21) that experience periodic 
saturation (Volgarino et al. 2000a, p. 1; Hirshberg 1994, p. 1). In a 
distribution study of P. atropurpurea, Krantz (1981, p. 8) noted that 
in San Bernardino County the species usually occurs in open (50 percent 
bare ground) soils with some clay content in the A horizon (0 to 12 
inches (in) (0-30 centimeters (cm)). Krantz (1981, p. 8) also stated, 
however, that the San Diego County population (Laguna Meadow) had 
somewhat different habitat parameters than the San Bernardino 
populations, and limited his descriptions to the latter. Volgarino et 
al. (2000a, p.1) listed United States Department of Agriculture (USDA) 
soil series for an incomplete list of meadows, in which P. atropurpurea 
occurs in San Diego County as Lu, Rieff (USDA 2000a, p. 1), and Crouch 
(USDA 1997a, p.1). We are currently not able to find a description of 
``Lu'' series soils. Volgarino et al. (2000a, p.1) listed USDA soil 
series in which P. atropurpurea occurs in San Bernardino County as 
Morical (USDA 2004, p. 1), Hodgson (USDA 2005a, p. 1), Hecker (USDA 
1997a, p. 1), Avawatz (USDA 1978, p. 1), Oak Glen (USDA 2003, p. 1), 
Olete (USDA 1999a, p. 1), Goulding (USDA 1999b, p. 1), Pacifico (USDA 
2000b, p. 1), and Preston (USDA 1998, p. 1). The soil series 
descriptions cited above support the general ``loamy alluvial to sandy 
loam'' characterization of P. atropurpurea habitat soils (CNDDB 2006a, 
pp. 1-21).
    Soils occupied by Taraxacum californicum appear to be similar to 
those occupied by Poa atropurpurea. Volgarino et al. (2000b, p. 1) 
listed USDA soil series for an incomplete list of meadows, in which T. 
californicum occurs as Morical (USDA 2004, p. 1), Hodgson (USDA 2005a, 
p. 1), Hecker (USDA 1997a, p. 1), Pacifico (USDA 2000b, p. 1), Preston 
(USDA 1998, p. 1), Merkel (USDA 2005b), and Wapal (USDA 2005c, p. 1). 
Similar to P. atropurpurea, the soil series descriptions cited above 
also support a general ``loamy alluvial to sandy loam'' 
characterization of T. californicum habitat soils.
    The two species do appear to differ in their ability to colonize 
steeper slopes. Volgarino et al. (2000a, p. 2; 2000b, p. 2) described 
slopes on which Poa atropurpurea occurs as 0 to16 percent (with 
potential for occurrence on steeper slopes), and slopes on which 
Taraxacum californicum occurs as 0 to 46 percent. This difference in 
maximum slope where the species are found may be due to P. atropurpurea 
occurring farther from the banks of meadow water courses than T. 
californicum.

Primary Constituent Elements for Poa atropurpurea and Taraxacum 
californicum

    Under the Act and its implementing regulations, we are required to 
identify the physical and biological features (PCEs) within the 
geographical area occupied by the species at the time of listing that 
may require special management considerations or protection.
    Based on the above needs and our current knowledge of the life 
history, biology, and ecology of the species, we have determined that 
the PCEs for Poa atropurpurea are:
    (1) Wet meadows subject to flooding during wet years in the San 
Bernardino Mountains in San Bernardino County at elevations of 6,700 to 
8,100 feet (2,000 to 2,469 meters), and in the Laguna and Palomar 
Mountains of San Diego County at elevations of 6,000 to 7,500 feet 
(1,800 to 2,300 meters), that provide space for individual and 
population growth, reproduction, and dispersal; and
    (2) Well-drained, loamy alluvial to sandy loam soils occurring in 
the wet meadow system, with a 0 to 16 percent slope, to provide water, 
air, minerals, and other nutritional or physiological requirements to 
the species.
    Based on the above needs and our current knowledge of the life 
history, biology, and ecology of the species, we have determined that 
the PCEs for Taraxacum californicum are:
    (1)Wet meadows subject to flooding during wet years and forest 
openings with seeps, springs, or creeks in the San Bernardino Mountains 
in San Bernardino County located at elevations of 6,700 to 9,000 feet 
(2,000 to 2,800 meters), that provide space for individual and 
population growth, reproduction, and dispersal; and
    (2)Well-drained, loamy alluvial to sandy loam soils occurring in 
the wet meadow system or forest openings with seeps, springs, or 
creeks, with a 0 to 46 percent slope, to provide water, air, minerals, 
and other nutritional or physiological requirements to the species.
    We propose to designate units based on sufficient PCEs being 
present to support at least one of the species' life history functions. 
This proposed designation is designed for the conservation of PCEs 
necessary to support the life history functions of the species and the 
areas containing those PCEs.

Special Management Considerations or Protection

    When designating critical habitat, we assess whether the areas 
occupied at the time of listing contain the features essential to the 
conservation of the species that may require special management 
considerations or protection. Major threats to Poa atropurpurea and 
Taraxacum californicum include development on private lands, grazing, 
off-highway vehicle (OHV) use, road maintenance activities, ground 
disturbance that affects surface hydrology, mining activities, 
recreational activities, habitat fragmentation, and the invasion of 
nonnative herbaceous plants. Please refer to the unit descriptions in 
the Proposed Critical Habitat Designation section for further 
discussion of special management considerations or protection of the 
PCEs related to geographically specific threats to P. atropurpurea and 
T. californicum.
    Control and monitoring of exotic, invasive plant species may be 
required to maintain wet meadows and/or forest openings such that they 
can continue to support populations of P. atropurpurea and/or T. 
californicum.
    Special management considerations or protection of the wet meadows 
may need to be implemented to support fertilization and seed set of P. 
atropurpurea (Curto 1992, p. 11; Soreng 2000, pp. 1-4), and monitoring 
and protection of male P. atropurpurea clones may be required to 
maintain populations of P. atropurpurea.
    There are two USFS management guides that address conservation of 
Poa atroputpurea and Taraxacum californicum: the CNF habitat management 
guide for four sensitive plant species in mountain meadows (CNF 1991, 
pp. 1-36) addresses conservation of P. atropurpurea, and the SBNF 
Meadow Habitat Management Guide (SBNF 2002a, pp. 1-155) addresses 
conservation of both species. In some cases significant management 
actions have been implemented by the

[[Page 44238]]

USFS, for example cattle exclosures in Laguna Meadow (CNF 1991, p. 17), 
and recreational trail closures in Belleville Meadow near Big Bear Lake 
(SBNF 2002a, p. 5). However, the habitat management guides and plans 
are voluntary and may not provide for the long-term conservation of the 
species on USFS lands.

Criteria Used To Identify Critical Habitat

    We are proposing to designate critical habitat in areas that we 
have determined were occupied at the time of listing and that contain 
sufficient primary constituent elements (PCEs) to support life history 
functions essential for the conservation of the species. We are 
proposing lands for designation based on sufficient PCEs being present 
to support the life processes. To delineate proposed critical habitat, 
we identified habitat that contains features essential to the 
conservation of Poa atroputpurea and Taraxacum californicum, was 
occupied at the time of listing, and is currently occupied. Occupancy 
status was determined using occurrence data from the SBNF (SBNF 2000, 
SBNF 2002a, SBNF GIS database), the CNDDB (2005a and b), and the Rancho 
Santa Ana Botanical Gardens (Denslow et al. 2002, pp. 12 and 13). We 
determined occupancy at the time of listing by comparison of survey and 
collection information and descriptions of occupied areas in the final 
listing rule published in the Federal Register on September 14, 1998 
(63 FR 49006). Areas containing a large number of individual plants 
(relative to all known occupied locations) recorded within at least two 
years of listing, were considered to be occupied at the time of listing 
because the presence of a large number of individual plants within an 
area indicates that such area has been occupied for over two years.
    We determined current occupancy based on the most recent survey 
information. Areas containing occurrence records dated 1999 or later 
were considered currently occupied. Once we determined areas currently 
occupied by each of the species, we used the following rule set to 
identify areas for inclusion in this proposed critical habitat 
designation for each species: (1) We considered areas within existing 
USFS-modeled potential habitat specific to the species (Volgarino et 
al. 2000a, pp. 1-2; 2000b, pp. 1-2) and meadow outlines drawn from 
aerial or satellite imagery, and selected habitat that appeared to 
appropriately capture features essential to the conservation of each 
species (PCEs); (2) we limited the delineation within any modeled 
habitat to within 328 ft (100 meters) of occurrence locations, a 
distance commonly acknowledged as the limit for short-distance wind-
driven dispersal of seeds in Taraxacum spp. (Tackenberg et al. 2003, p. 
1), and a likely distance for flood-driven dispersal of P. atropurpurea 
rhizomes; and (3) as a final step, we removed any meadow habitat that 
was developed or degraded (i.e. not likely to contain PCEs) to ensure 
proposed critical habitat contains features essential to conservation 
of each of the species. We also did not consider any meadows containing 
less than 10 reported individuals, as these populations are likely to 
be extirpated and we therefore do not believe these populations would 
likely contribute to the conservation of each species.
    When determining proposed critical habitat boundaries for each 
species within this proposed rule, we made every effort to avoid 
including developed areas such as buildings, paved areas, and other 
structures that lack PCEs for Poa atroputpurea and Taraxacum 
californicum. 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 
section 7 consultation, unless they may affect the species or primary 
constituent elements in adjacent critical habitat.

Proposed Critical Habitat Designation

    In total, we are proposing as critical habitat 9 units for Poa 
atropurpurea and 11 units for Taraxacum californicum, with 5 of these 
units containing both species (see Tables 3, 4, and unit descriptions 
below). The critical habitat areas described below constitute our best 
current assessment of areas that meet the definition of critical 
habitat for P. atropurpurea and T. californicum. We have determined 
that all areas proposed as critical habitat for P. atropurpurea and T. 
californicum were occupied at the time of listing and are currently 
occupied (Tables 3 and 4).

         Table 3.--Occupancy and Approximate Size of Critical Habitat Units for Taraxacum californicum.
----------------------------------------------------------------------------------------------------------------
                                                                                                       Acres
               Unit                  Occupied at time  of listing       Currently  occupied         (hectares)
----------------------------------------------------------------------------------------------------------------
2 North Baldwin Meadow............  Yes..........................  Yes..........................        176 (72)
3 Belleville Meadow...............  Yes..........................  Yes..........................       414 (168)
4 Hitchcock Meadow................  Yes..........................  Yes..........................       497 (201)
5 Bluff Meadow....................  Yes..........................  Yes..........................        205 (83)
6 North Shay Meadow...............  Yes..........................  Yes..........................          21 (8)
7 Horse Meadow....................  Yes..........................  Yes..........................         74 (30)
8 Fish Creek Meadow...............  Yes..........................  Yes..........................         89 (36)
9 Broom Flat Meadow...............  Yes..........................  Yes..........................        188 (76)
10 Wildhorse Meadow...............  Yes..........................  Yes..........................         52 (21)
11 Cienega Seca Meadow............  Yes..........................  Yes..........................         98 (40)
12 South Fork Meadow..............  Yes..........................  Yes..........................        116 (47)
----------------------------------------------------------------------------------------------------------------


             Table 4.--Occupancy and Approximate Size of Critical Habitat Units for Poa atropurpurea
----------------------------------------------------------------------------------------------------------------
                                                                                                       Acres
               Unit                  Occupied at time  of listing       Currently  occupied         (hectares)
----------------------------------------------------------------------------------------------------------------
1 Pan Hot Springs Meadow..........  Yes..........................  Yes..........................        142 (57)
2 North Baldwin Meadow............  Yes..........................  Yes..........................        176 (72)
3 Belleville Meadow...............  Yes..........................  Yes..........................       414 (168)
4 Hitchcock Meadow................  Yes..........................  Yes..........................       497 (201)

[[Page 44239]]

 
5 Bluff Meadow....................  Yes..........................  Yes..........................        205 (83)
11 Cienega Seca Meadow............  Yes..........................  Yes..........................         98 (40)
13 Mendenhall Valley..............  Yes..........................  Yes..........................       291 (118)
14 Laguna Meadow..................  Yes..........................  Yes..........................     1,089 (441)
15 Bear Valley....................  Yes..........................  Yes..........................        102 (41)
----------------------------------------------------------------------------------------------------------------

    The areas proposed as critical habitat for Taraxacum californicum 
are: (1) Unit 2--North Baldwin Meadow; (2) Unit 3--Belleville Meadow; 
(3) Unit 4--Hitchcock Meadow; (4) Unit 5--Bluff Meadow; (5) Unit 6--
North Shay Meadow; (6) Unit 7--Horse Meadow; (7) Unit 8--Fish Creek 
Meadow; (8) Unit 9--Broom Flat Meadow; (9) Unit 10--Wildhorse Meadow; 
(10) Unit 11--Cienega Seca Meadow; and (11) Unit 12--South Fork Meadow.
    The areas proposed as critical habitat for Poa atropurpurea are: 
(1) Unit 1--Pan Hot Springs Meadow; (2) Unit 2--North Baldwin Meadow; 
(3) Unit 3--Belleville Meadow; (4) Unit 4--Hitchcock Meadow; (5) Unit 
5--Bluff Meadow; (6) Unit 11--Cienega Seca Meadow; (7) Unit 13--
Mendenhall Valley; (8) Unit 14--Laguna Meadow; and (9) Unit 15--Bear 
Valley.
    The approximate area and land ownership of each proposed critical 
habitat unit is shown in Tables 5 and 6.

  Table 5.--Critical Habitat Units Proposed for Taraxacum californicum
      [Area estimates reflect all land within critical habitat unit
                               boundaries]
------------------------------------------------------------------------
                                                               Acres
       Critical habitat unit         Land ownership \1\     (hectares)
------------------------------------------------------------------------
2 North Baldwin Meadow............  SBNF................         78 (32)
                                    CDFG................         98 (40)
3 Belleville Meadow...............  SBNF................       409 (166)
                                    Private (LSA).......           5 (2)
4 Hitchcock Meadow................  SBNF................        166 (67)
                                    Private (BSA,              330 (134)
                                     others).
5 Bluff Meadow....................  SBNF................        135 (55)
                                    Private (WC)........         70 (28)
6 North Shay Meadow...............  SBNF................          21 (8)
7 Horse Meadow....................  SBNF................         74 (30)
8 Fish Creek Meadow...............  SBNF................         89 (36)
9 Broom Flat Meadow...............  SBNF................        188 (76)
10 Wildhorse Meadow...............  SBNF................         52 (21)
11 Cienega Seca Meadow............  SBNF................          20 (8)
                                    Private (LACEF).....         78 (32)
12 South Fork Meadow..............  SBNF................       116 (47)
------------------------------------------------------------------------
\1\ BSA = Boy Scouts of America, CDFG = California Department of Fish
  and Game, LACEF = Los Angeles County Education Foundation, LSA =
  Lithuanian Scouts Association, SBNF = U.S. Forest Service (lands in
  the San Bernardino National Forest), WC = Wildlands Conservancy.


     Table 6.--Critical Habitat Units Proposed for Poa atropurpurea
      [Area estimates reflect all land within critical habitat unit
                               boundaries]
------------------------------------------------------------------------
                                                               Acres
       Critical habitat unit         Land ownership \1\     (hectares)
------------------------------------------------------------------------
1 Pan Hot Springs Meadow..........  SBNF................          13 (5)
                                    Private (BBCCSD,            129 (52)
                                     others).
2 North Baldwin Meadow............  SBNF................         78 (32)
                                    CDFG................         98 (40)
3 Belleville Meadow...............  SBNF................       409 (166)
                                    Private (LSA).......           5 (2)
4 Hitchcock Meadow................  SBNF................        166 (67)
                                    Private (BSA,              330 (134)
                                     others).
5 Bluff Meadow....................  SBNF................        135 (55)
                                    Private (WC)........         70 (28)
11 Cienega Seca Meadow............  SBNF................          20 (8)
                                    Private (LACEF).....         78 (32)
13 Mendenhall Valley..............  CNF.................        160 (65)
                                    Private.............        130 (53)
14 Laguna Meadow..................  CNF.................     1,089 (441)
15 Bear Valley....................  CNF.................       102 (41)
------------------------------------------------------------------------
\1\ BBCCSD = Big Bear City Community Services District, BSA = Boy Scouts
  of America, CDFG = California Department of Fish and Game, CNF = U.S.
  Forest Service (lands in the Cleveland National Forest), LACEF = Los
  Angeles County Education Foundation, LSA = Lithuanian Scouts
  Association, SBNF = U.S. Forest Service (lands in the San Bernardino
  National Forest), WC = Wildlands Conservancy.


[[Page 44240]]

    We present brief descriptions of all units, and reasons why they 
meet the definition of critical habitat for Poa atropurpurea and/or 
Taraxacum californicum, below. The PCEs for these two species, and 
their occupancy patterns, may not always overlap. For example, steeper 
slopes near a watercourse at the center of a meadow are more likely to 
support T. californicum. However, such micro-habitat components cannot 
be differentiated within a meadow based on information we have 
available for unit mapping. If we were proposing these designations 
separately, the units for each species would still be mapped the same. 
Therefore, the boundaries for Units 2, 3, 4, 5, and 11 are the same for 
both species, and we are proposing these units for each species 
individually.

Unit 1: Pan Hot Springs Meadow

    We are proposing to designate Unit 1 as critical habitat for Poa 
atropurpurea. Unit 1 consists of an approximately 142-ac (57-ha) meadow 
occupied by the species at the time of listing, and the species 
continues to occur within this unit. In the last known survey conducted 
for Taraxacum californicum in 1985, fewer than 10 individuals were also 
reported from Unit 1 (CNDDB 2006; SBNF 2000). Therefore, this unit is 
being proposed as critical habitat for P. atropurpurea only. This unit 
contains all of the features essential to the conservation of the 
species, and both sexes of P. atropurpurea have been reported from this 
location (CNDDB 2006a, p. 12; SBNF 2000, p. 47). It is located within 
the San Bernardino National Forest boundary, east of Big Bear Lake, 
just west of Baldwin Lake. The majority of Unit 1 is privately owned by 
the Big Bear City Community Service District (BBCCSD).
    The species is threatened in this unit by invasion of nonnative 
herbaceous annuals. Horse grazing and roadside dumping have also been 
reported at this location (CNDDB 2006a, p. 12). Although ten acres of 
the BBCCSD property are under a deed-restriction to protect known 
occurrences of Thelypodium stenopetalum and Sidalcea pedata (federally 
listed pebble plains plants; 49 FR 34497; August 31, 1984), the 
drainage feeding the habitat was not included in the deed restriction. 
Without control of water availability, the plants are still threatened 
(SBNF 2002a, p. 25). Therefore, special management considerations or 
protection may be required to restore, protect, and maintain the PCEs 
supported by Unit 1 due to the threats from human disturbance, water 
source alteration, and invasive nonnative plant species.

Unit 2: North Baldwin Meadow

    We are proposing to designate Unit 2 as critical habitat for Poa 
atropurpurea and Taraxacum californicum. Unit 2 consists of 
approximately 176 ac (72 ha) of non-degraded meadow occupied by both 
species at the time of listing, and both species continue to occur 
within this unit. Unit 2 contains all of the features essential to the 
conservation of both species. It is located within the San Bernardino 
National Forest, on the north shore of Baldwin Lake, and northeast of 
Big Bear Lake. Approximately half of Unit 2 is federally owned, and 
half is owned by CDFG.
    Habitat in this area was historically impacted by authorized and 
unauthorized vehicle use, mining activity, residential development, and 
grazing by burros (CNDDB 2006a, p. 1; SBNF 2002a, p. 33; SBNF 2002b, p. 
57). The meadow is relatively protected, but it is adjacent to State 
Route 18 and accessible to the public (SBNF 2000, p. 57). Disruption of 
the hydrologic regime by upstream development, trampling during illegal 
woodcutting, and quartzite theft activities have been identified as 
past threats in this unit (CNDDB 2006b, p. 16). Poa atropurpurea and 
Taraxacum californicum are threatened in this unit by competition from 
invasion of nonnative, herbaceous annuals. Therefore, special 
management considerations or protection may be required to restore, 
protect, and maintain the PCEs supported by Unit 2 due to the threats 
from upstream development, nonnative species invasion, and human 
disturbance.

Unit 3: Belleville Meadow

    We are proposing to designate Unit 3 as critical habitat for Poa 
atropurpurea and Taraxacum californicum. Unit 3 consists of an 
approximately 414-ac (168-ha) meadow occupied by both species at the 
time of listing, and both species continue to occur within this unit. 
Unit 3 (also referred to as Upper Holcomb Valley) contains all of the 
features essential to the conservation of both species. Although most 
individuals of P. atropurpurea observed were reported to be male, both 
sexes are present (SBNF 2000, p. 47). In 1999, the T. californicum 
population in Unit 3 was reported to be ``large'' and ``healthy'' with 
no apparent T. officinale hybrids (SBNF 2000, p. 56). Unit 3 is located 
within the San Bernardino National Forest, north of Big Bear Lake, and 
east of Hitchcock Meadow (Unit 4). The vast majority of lands within 
this unit are federally owned (409 ac (166 ha)), with only 5 ac (2 ha) 
of meadow habitat privately owned by the Lithuanian Scouts Association.
    Habitat in this unit may be impacted by recreational activities and 
nearby diffuse mining operations (CNDDB 2006a, p. 6; Eliason 2007), and 
USFS roads have impacted meadow habitat, resulting in direct habitat 
loss and effects to meadow hydrology. Several areas of Belleville 
Meadow are currently heavily utilized for dispersed recreation, 
including vehicle use along the classified roads through the site, 
hiking and mountain biking along the Gold Fever Trail, and use of 
Holcomb Valley Campground near the western portion of the meadow. 
Several mining claims also exist in the meadow. Unauthorized vehicle 
activity and mountain biking off of classified roads and trails have 
caused devegetation and alteration of surface hydrology in some areas 
(SBNF 2002a, p. 36). P. atropurpurea and T. californicum are also 
threatened in this unit by invasion of nonnative, herbaceous annuals.
    USFS has erected signs and fencing, and conducted outreach to 
protect occurrences in this unit (SBNF 2002a, p. 37). For example, to 
reduce impacts to Poa atropurpurea, trails from Holcomb Valley 
Campground were disguised and rehabilitated, and the area was protected 
through barricading and signing (SBNF 2002a, p. 5). Nearby trails that 
did not go through listed plant habitat were delineated and signed to 
encourage visitors to use those trails (SBNF 2002a, p. 5). However, 
special management considerations or protection may still be required 
to restore, protect, and maintain the PCEs supported by Unit 3 due to 
the threats from human disturbance, current nearby mining activities, 
and invasive, nonnative plant species.

Unit 4: Hitchcock Meadow

    We are proposing to designate Unit 4 as critical habitat for Poa 
atropurpurea and Taraxacum californicum. Unit 4 consists of an 
approximately 497-ac (201-ha) meadow occupied by both species at the 
time of listing, and both species continue to occur within this unit. 
Although T. officinale is present, no apparent hybrids have been 
reported (SBNF 2000, p. 56). Unit 4 contains all of the features 
essential to the conservation of both species and is located within the 
San Bernardino National Forest, north of Big Bear Lake, and west of 
Belleville Meadow (Unit 3). The majority of Unit 4 (also referred to as 
Holcomb Valley) is privately owned by the Boy Scouts of America (BSA),

[[Page 44241]]

and is a recreational and educational activity camp (BSA 2006).
    This unit has been historically impacted by OHV use, horse grazing, 
and other human disturbance (CNDDB 2006b, p. 18). It is currently 
impacted by recreational and educational activities and horse grazing 
(SBNF 2000, p. 56; SBNF 2002a, p. 51). Poa atropurpurea and Taraxacum 
californicum are also threatened in this unit by invasion of nonnative, 
herbaceous annuals. Therefore, special management considerations or 
protection may be required to restore, protect, and maintain the PCEs 
supported by Unit 4 due to the threats from past human disturbance, 
current camp activities, and invasive, nonnative plant species.

Unit 5: Bluff Meadow

    We are proposing to designate Unit 5 as critical habitat for Poa 
atropurpurea and Taraxacum californicum. Unit 5 consists of an 
approximately 205-ac (83-ha) meadow occupied by both species at the 
time of listing, and both species continue to occur within this unit. 
Unit 5 contains all of the features essential to the conservation of 
both species. It is located within the San Bernardino National Forest, 
south of the west end of Big Bear Lake. The majority of Unit 5 is 
privately owned by the Wildlands Conservancy, and currently leased to 
the San Bernardino County Regional Parks Division as an outdoor science 
education camp (Wildlands Conservancy 2005).
    This unit has been historically impacted by recreational 
activities, cattle grazing, and other human disturbance (CNDDB 2006b, 
p. 12), but impacts are limited to recreational and educational 
activities (Eliason 2007; SBNF 2000, p. 57; SBNF 2002a, p. 42). Poa 
atropurpurea and Taraxacum californicum are also threatened in this 
unit by invasion of nonnative herbaceous annuals, including potential 
hybridization of T. californicum with T. officinale (SBNF 2000, p. 57; 
SBNF 2002a, p. 42). Therefore, special management considerations or 
protection may be required to restore, protect, and maintain the PCEs 
supported by Unit 5 due to the potential impacts of past human 
disturbance, current camp activities, and invasive, nonnative plant 
species.

Unit 6: North Shay Meadow

    We are proposing to designate Unit 6 as critical habitat for 
Taraxacum californicum. Unit 6 consists of an approximately 21-ac (8-
ha) meadow occupied by the species at the time of listing, and the 
species continues to occur within this unit. Occupancy of Unit 6 was 
documented one year after listing. Unit 6 hosts approximately 12 
percent of the total number of individuals reported since 1999, and has 
the second highest number of total individuals reported from any one 
unit. This unit contains all of the features essential to the 
conservation of the species. It is located within the San Bernardino 
National Forest, east of Big Bear Lake, on the southern shore of 
Baldwin Lake, and north of Shay Road. The land in this unit is 
federally owned.
    This northern portion of Shay Meadow has been isolated by 
development from the southern meadow adjacent to East Big Bear 
Boulevard. Lakeshore habitat within the unit is currently impacted by 
recreat