Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Piperia yadonii (Yadon's piperia), 60410-60450 [07-5136]
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published in the Federal Register on
August 12, 1998 (63 FR 43100) and
proposed critical habitat rule published
in the Federal Register on October 18,
2006 (71 FR 61546). On August 7, 2007,
we published a notice announcing the
availability of the draft economic
analysis (DEA), and reopening of the
public comment period (72 FR 44069).
This comment period closed on
September 6, 2007.
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018–AU34
Endangered and Threatened Wildlife
and Plants; Designation of Critical
Habitat for Piperia yadonii (Yadon’s
piperia)
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), are
designating critical habitat for the
endangered Piperia yadonii (Yadon’s
piperia) pursuant to the Endangered
Species Act of 1973, as amended (Act).
In total, approximately 2,117 acres (ac)
(857 hectares (ha)) fall within the
boundaries of the critical habitat
designation. The critical habitat is
located in Monterey County, California.
DATES: This rule becomes effective on
November 23, 2007.
ADDRESSES: Comments and materials
received, as well as supporting
documentation used in the preparation
of this final rule, are available for public
inspection, by appointment, during
normal business hours, in the branch of
Endangered Species, at the Ventura Fish
and Wildlife Office (VFWO), 2493
Portola Road, Suite B, Ventura, CA
93003. The final rule, economic
analysis, and map are also available on
the Internet at https://www.fws.gov/
ventura.
FOR FURTHER INFORMATION CONTACT:
Diane Noda, Field Supervisor, VFWO, at
the above address (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:
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Background
It is our intent to discuss only those
topics directly relevant to the
designation of critical habitat in this
rule. For more information on Piperia
yadonii, refer to the proposed critical
habitat rule published on October 18,
2006 (71 FR 61546) and the final listing
rule published in the Federal Register
on August 12, 1998 (63 FR 43100).
Previous Federal Actions
For more information on previous
Federal actions concerning Piperia
yadonii, refer to the final listing rule
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Summary of Comments and
Recommendations
We requested written comments from
the public on the proposed designation
of critical habitat for Piperia yadonii in
the proposed rule published on October
18, 2006 (71 FR 61546). We also
contacted appropriate Federal, State,
and local agencies; scientific
organizations; and other interested
parties and invited them to comment on
the proposed rule. The initial comment
period ended December 18, 2006. We
published newspaper notices on
October 26, 2006, in the Monterey
Herald, Monterey, California, inviting
public comment on the proposed
critical habitat designation.
During the comment period that
opened on October 18, 2006, and closed
on December 18, 2006, we received 9
comments directly addressing the
proposed critical habitat designation: 3
from peer reviewers, 1 from a State
agency, and 5 from organizations or
individuals. During the comment period
that opened on August 7, 2007, and
closed on September 6, 2007, we
received 8 comments directly
addressing the proposed critical habitat
designation and the draft economic
analysis. All of these latter comments
were from organizations or individuals
and some organizations and individuals
provided comments during both
comment periods. Overall, 12
commenters supported a designation of
critical habitat for P. yadonii, and 3
commenters opposed parts of the
proposed designation. All comments
and new information relating to the
proposed critical habitat designation for
P. yadonii are addressed in the
following summary and incorporated
into the final rule as appropriate. We
did not receive any requests for a public
hearing.
Peer Review
In accordance with our policy
published on July 1, 1994 (59 FR
34270), we solicited expert opinions
from three knowledgeable individuals
with scientific expertise that included
familiarity with the species, the
geographic region in which the species
occurs, and conservation biology
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principles. We received responses from
all three peer reviewers. The peer
reviewers generally agreed that the
technical information and primary
constituent elements (PCEs) identified
in the proposed designation were
accurate and that those areas that we
did propose as critical habitat should be
included. However, all three peer
reviewers suggested that the designation
should be expanded to include
additional areas and increase the size of
existing units. They also provided
additional information, clarifications,
and suggestions to improve the final
critical habitat rule and the conservation
of the species. Peer reviewer comments
are addressed in the following summary
and incorporated into the final rule as
appropriate.
We reviewed all comments received
from the peer reviewers and the public
for substantive issues and new
information regarding critical habitat for
Piperia yadonii, and address them in the
following summary.
Peer Reviewer Comments
1. Comment: One peer reviewer
indicated that the proposed designation
emphasizes land ownership and
proposed land use over biological or
ecological factors in determining the
size and boundaries of units. The peer
reviewer replicated the process we
identified in the rule and provided an
analysis of six of our proposed subunits
in Units 1, 2, and 3 as support for this
assertion. The peer reviewer showed
that those subunits that were on, or
surrounded by, typical (nonconservation oriented) private lands
encompassed a substantially smaller
proportion of the appropriate
surrounding habitat for Piperia yadonii
than those subunits that were on, or
surrounded by, lands owned by a
conservation-oriented organization. The
peer reviewer further stated that an
unbiased designation of critical habitat
could provide great conservation benefit
to P. yadonii, as evidenced by four
policies in the County of Monterey
General Plan update. These policies
emphasize conservation of designated
critical habitat areas in evaluating and
approving proposed land uses. The peer
reviewer recommended that we redo the
designation, focusing solely on the
presence of PCEs and eliminating any
bias introduced by assigning preference
to a hierarchy of land ownership types.
Our Response: Our method for
designating areas as critical habitat was
described in the proposed rule under
the sections ‘‘Criteria Used to Identify
Critical Habitat’’ and ‘‘Mapping’’ and is
reiterated here. See our answer to
comment 18. In determining the extent
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of lands necessary to ensure the
conservation and persistence of Piperia
yadonii, we identified all areas that
contain those biological and physical
features essential to the conservation of
the species. These lands include those
that are either already protected,
managed, or otherwise unencumbered
by conflicting use (e.g., undeveloped
County or City parks, proposed
preservation areas). These populations
are most likely to persist into the future
and to contribute to the species’ survival
and recovery. We also 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 organization,
undeveloped County or City parks), and
finally other agency and private lands.
We agree that land use considerations
were a factor used to delineate the
boundaries of some units or subunits;
however, we did not exclude from
consideration any subunits based solely
on land ownership. In those cases where
we determined that a site had the
features essential to the conservation of
Piperia yadonii, we designated the site
(e.g., Units 2b and 7). Where a site
included a mix of land ownership (i.e.,
lands that were owned or proposed for
conservation by the State and lands that
were not), we typically reduced the
subunit to the boundaries of the
conservation-oriented lands, in an effort
to minimize the designation of lands
that were private or were used or
proposed for activities that would not be
conducive to conservation (e.g.,
development) while ensuring that
sufficient lands were designated in each
unit to enable the unit to serve its
conservation function. We ensured that
our designation included areas
distributed throughout the geographic
range of the species and encompassed
the habitat variation in elevation, soil
types, plant communities, and distance
from the coast (inland versus coastal)
present in P. yadonii occupied habitat.
2. Comment: One peer reviewer
supported our inclusion of multiple
subunits east of Highway 101 in the
Prunedale Hills (Unit 3). The peer
reviewer agreed with the Service’s
reasons for including these subunits (to
conserve genetic variation and prevent
range collapse) and further stated that
the plant community at these somewhat
xeric, less coastally influenced sites may
be more stable in the long term, with
slower rates of successional conversion
to oak woodland, than those sites to the
west. The peer reviewer stated that
gradual, successional loss of suitable
habitat may be a significant threat over
the long term and suggested that, at a
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minimum, we scan high-resolution
aerial photographs of currently
occupied sites to identify and delineate
regions where patches of broken canopy
and scattered areas of bare ground are
visible. The peer reviewer provided
historical and current aerial
photography of four subunits in
chaparral and one subunit in Monterey
pine forest to support the assertion that
canopy cover throughout the range of
Piperia yadonii has increased since the
1930s and 1940s.
Our Response: We have considered
the information the peer reviewer
provided and agree that increased
canopy cover in the ridgetop maritime
chaparral of the Prunedale Hills may
threaten Piperia yadonii by reducing
available habitat. We discussed this in
the proposed rule under the
‘‘Background’’ and ‘‘Special
Management Considerations or
Protections’’ sections. Although the
vegetation cover in the region in which
Unit 3 is designated may be increasing
more slowly than in those areas to the
west (in the region of Units 1 and 2), the
natural lands in and around Unit 3 are
also more highly fragmented and
developed than those areas west of
Highway 1, around Units 1 and 2. With
increasing development, the
opportunities to use vegetation
management tools, such as prescribed
fire, which both reduce the vegetation
canopy and alter soil nutrient
availability in ways with which the
chaparral plant community has evolved,
are much reduced. Given the
information we currently have, that
greater fragmentation exists and that
known population sizes of P. yadonii
are generally smaller as one moves east
in Unit 3, we are not proposing to
increase the size of the subunits in Unit
3 in an attempt to capture areas of more
open canopy. We have added discussion
to the description of Unit 3, recognizing
the potentially slower successional
changes in Unit 3, and will consider this
information in making conservation
recommendations for the entire
Prunedale Hills area.
3. Comment: Two peer reviewers
questioned our decision not to include
in the critical habitat designation those
areas where Piperia yadonii populations
inhabit less than 5 acres and are
surrounded by development. One peer
reviewer stated that not including these
smaller populations is not conducive to
the long-term conservation of the
species, because they may have large
impacts on gene flow and genetic
diversity and because they can provide
connectivity to larger populations that
we did include in the designation. The
peer reviewer specifically cited areas
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that support the Fort Ord, Skyline Drive,
and Monterey Airport populations, none
of which we included in the proposal.
The peer reviewer urged the Service to
work with landowners and other
entities to develop a coordinated
conservation strategy for these smaller
populations.
Our Response: We recognize that all
populations of Piperia yadonii may
provide conservation value to the
species and we indicated this in the
proposed rule, as the Peer Reviewer
acknowledged, by stating ‘‘* * * those
populations that have become isolated
as a result of development may
contribute to the conservation of the
species through educational, research,
and other mechanisms, but overall have
a lower potential for long-term
preservation and lesser conservation
value to the species.’’ We believe that
small areas with surrounding
development have a lower conservation
value to the species because they are
less likely to have and maintain the
features that are essential to the
conservation of the species. In general,
we seek to identify the minimum
amount and optimum distribution of
lands that support the PCEs to designate
as critical habitat. Therefore, we did not
include all populations in this
designation.
In determining which sites to select,
we concluded that those populations
that are in highly developed areas are
less likely to act as intermediaries in
facilitating gene flow between
populations, because pollinators are less
likely to successfully move through
residential and commercial areas to
reach these islands of native vegetation
and because wind-dispersed seeds are
less likely to land in areas suitable for
germination in highly fragmented
landscapes. Of the specific sites
mentioned by the peer reviewer, the
Monterey Airport property and those
fragmented populations along Garden
Road are surrounded by the greatest
level of development. The Skyline Drive
site (California Natural Diversity
Database (CNDDB) element occurrence
(EO) 19) is on the Monterey Peninsula
where we designated the larger
expanses of Monterey pine forest with
larger populations of P. yadonii
(Subunit 6a) and those smaller sites, like
Crocker Grove (Subunit 6d), that
include plant associations not
represented elsewhere.
The Fort Ord site in Marina (CNDDB
EO 9) had not been found in over a
decade, when a single plant was
rediscovered in 2006, while we were
drafting this rule. The second, more
recently discovered Fort Ord site, near
the boundary of the Monterey Airport,
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consists of fewer than 10 plants. We
recognize that the Fort Ord sites,
particularly the northern one, are
geographically isolated from other
concentrations of Piperia yadonii and, if
the northern site is found to support a
population, it may therefore harbor
genetic diversity not found elsewhere in
the range of P. yadonii. As further
information on the genetic diversity of
this species becomes available, we will
evaluate it and refine our conservation
strategy for P. yadonii. However, we
cannot determine at this time that the
area has the features that are essential
for the conservation of the species. 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 this reason,
critical habitat designations do not
signal that habitat outside the
designation is unimportant or may not
be required for recovery. We will
continue to work with landowners on
the conservation of P. yadonii
throughout its range, including in those
areas that are not designated as critical
habitat.
4. Comment: One peer reviewer
indicated that there are substantial gaps
in the scientific information available
on the genetics, seed dispersal, plant
associations, and fire ecology of Piperia
yadonii. The peer reviewer
recommended that we collect this data
in order to complete the critical habitat
designation and to develop management
strategies for P. yadonii. The peer
reviewer provided observations on the
response of two other Piperia species in
California to fire. In one example, a
small population of P. leptopetala may
have been substantially reduced in
abundance by a chaparral fire and in the
other, a chaparral fire appears to have
stimulated the above-ground expression
of P. cooperi.
Our Response: We recognize that
information on many attributes of the
life history, genetics, and habitat needs
of Piperia yadonii is extremely limited.
Our critical habitat designations are
based on the best scientific and
commercial data available at the time of
the designation. As more complete
information becomes available for P.
yadonii, we will incorporate it into our
recovery strategy for this species. We
appreciate the information the peer
reviewer provided on fire ecology and
recognize that genetic research is being
conducted that may influence our
understanding of genetic diversity
within P. yadonii. While we do not
develop management strategies as part
of the designation of critical habitat, we
do consider site-specific management
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strategies important to the conservation
of the species and work with land
owners, researchers, and others, to
develop and implement them as part of
the recovery process.
5. Comment: One peer reviewer
recommended that we gather more
information on pollinator flight range
and seed dispersal in an attempt to
determine if the critical habitat units are
close enough to allow gene flow
between them.
Our Response: We have contacted
several research scientists who
specialize in moths and have
reevaluated the available literature on
pollinators and seed dispersal in
orchids. We believe there are no
additional data available, beyond what
we cited in the proposed rule, on either
the seed dispersal distances of orchids
or the flight distances of potential
pollinators, that would allow us to
determine the likelihood of gene flow
between critical habitat units or
subunits. While data on the flight
distance of relatively large moths in the
family Sphingidae (sphinx months)
exist, very few data are available on the
distances small moths may transport
pollen. In our designation, we attempted
to address the need to maintain gene
flow between patches of plants that are
within meters of one another. We did so
by encompassing within the same
subunits (e.g., in Units 1 and 2) those
patches of Piperia yadonii plants that
occur on the same ridgeline in maritime
chaparral, and by encompassing
multiple patches of plants within the
same subunits (e.g., in Unit 6) in
Monterey pine forest.
6. Comment: Two peer reviewers
indicated that genetic diversity was not
adequately considered in the criteria
used to designate critical habitat. One
peer reviewer suggested it could be
considered a PCE, or that environmental
proxies could be used in the absence of
information on the spatial pattern of
genetic variation in Piperia yadonii. One
peer reviewer noted that genetic
research on P. yadonii is underway and
some results should soon be available.
Our Response: We agree that little is
known about the spatial pattern of
genetic variation in Piperia yadonii
populations, and we are aware of, and
are interested in, the genetic research on
P. yadonii being conducted. Based on
the Act, PCEs are always habitat features
rather than intrinsic population
characteristics. Therefore, genetic
diversity cannot be considered a PCE.
However, in this designation, we did
consider that genetic variation may be a
reflection of environmental variation.
We have attempted to encompass
variation in habitat, as an indicator of
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populations that may be exposed to
differing selective pressures, and
therefore may have diverged genetically
and represent a range of genetic
variation in P. yadonii. As we discussed
in the proposed rule under ‘‘Criteria
Used to Identify Critical Habitat,’’ our
methods included designating sites that
encompass the range of elevational
differences, plant communities, and soil
types in which P. yadonii occurs.
7. Comment: One peer reviewer stated
that the designation should be more
conservation-oriented toward Piperia
yadonii, given that the species is
dependent on biological associates, such
as mycorhizzal (fungal) associates,
Monterey pines, and pollinators. The
peer reviewer indicated that these close
associations make Piperia yadonii more
vulnerable to environmental changes,
such as climate change. The peer
reviewer, therefore, recommended that
the rule contain larger areas and
additional areas beyond what was
included in the proposed designation.
Our Response: We recognize that
relatively little specific information
exists on the relationship of Piperia
yadonii to other biological associates
within its habitat and the vulnerability
of those associates to broad-scale
environmental changes, such as forest
structure changes due to pathogens or
climate change. We previously funded
research on P. yadonii’s breeding system
and pollinators in an effort to determine
the need for, and potential vulnerability
of, pollinators. This research found that
P. yadonii requires pollinators to set
seed and is, therefore, highly dependent
on pollinators, and that several of the
likely pollinators of P. yadonii in the
Monterey pine forest are moth species
that have broad ranges and habitat
preferences. Therefore, we are less
concerned about the potential for
environmental changes to affect
pollinators in the Monterey pine forest
plant communities. We recognize that
little is known about the relative
importance of the various species that
pollinate P. yadonii, and that virtually
nothing is known about pollination of P.
yadonii in maritime chaparral.
Therefore we have attempted to
encompass the mosaic of adjacent plant
community types in which patches of P.
yadonii occur. Recognizing that larger
sized units may potentially reduce the
risk to P. yadonii from environmental
change, we have attempted to designate
as critical habitat areas of sufficient size
to accommodate potential
environmental changes. We have
included reference to climate change in
the discussion of how the PCEs were
derived, but have not increased the size
of any units beyond what we proposed.
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8. Comment: One peer reviewer
commented that the uncertainty of
Piperia yadonii’s actual range, its patchy
distribution, and expected impacts of
climate change constitute sufficient
justification to designate units outside
P. yadonii’s known range. The peer
reviewer did not provide specific
suggestions of locations that should be
included.
Our Response: While we generally
agree with the rationale presented by
the reviewer, we only designate critical
habitat in areas outside the geographical
area occupied by the species at the time
of listing where the best available
information indicates that these areas
are essential to the conservation of the
species. We have included areas
throughout the range of Piperia yadonii
within this designation, although not
every population has been included.
Within each portion of P. yadonii’s
range, we reviewed known locations
and surrounding habitat that support
the PCEs. Based on our current
information, we have concluded that
there are no areas outside the species’
known range that are essential to the
conservation of the species and that
therefore should be included in the
designation.
Comments From the Public
9. Comment: Two commenters noted
the thoroughness and quality of the
technical information in the background
section of the proposed rule and in the
discussion of the PCEs and generally
supported a designation of critical
habitat for Piperia yadonii. However,
one commenter questioned why the
proposed designation did not include
all or part of every occurrence of P.
yadonii. They recommended that the
designation include all occurrences of P.
yadonii and urged the Service to add
suitable unoccupied habitat to the
designation.
Our Response: See response to
comment 3, above.
10. Comment: Several commenters
stated that the level of detail in the
maps provided was insufficient to
determine what proposed areas are
included or not included in the
designation, both on the Monterey
Peninsula and in northern Monterey
County.
Our Response: We agree that it is
often difficult to distinguish unit
boundaries based on the resolution of
maps published in the Federal Register.
To provide additional clarity, we
attempted to include adequate
descriptions of the units in the proposed
rule. We have reviewed those unit
descriptions and have provided
additional clarifying information to
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them in this final designation. For
example, for units on the Peninsula, we
included area names used in the
environmental impact report for the
Pebble Beach Company’s proposed
development (Monterey County 2005).
The public can request more explicit
maps of the designation by contacting
our office using any one of the methods
listed in the FOR FURTHER INFORMATION
CONTACT section listed above.
11. Comment: One commenter
requested that the 6-acre portion of
Stevenson School campus be deleted
from critical habitat Subunit 6a, on the
Monterey Peninsula, because the school
intends to convert the property to an
athletic field for student use in the
future. The commenter states that, due
to the property’s small size and location,
this area is not essential to the
conservation of Piperia yadonii, that
enough habitat is being conserved on
the Monterey Peninsula via the Pebble
Beach Company’s proposed mitigation
for their development plan, and that the
inclusion of school property in the
proposed designation will have adverse
impacts on the school. They provided
materials describing the school and its
proposed site plan.
Our Response: As we developed the
designation, we evaluated all areas on
the Monterey Peninsula that support the
PCEs, including the area owned by
Stevenson School. The Monterey
Peninsula is the center of distribution of
Piperia yadonii and supports over 70
percent of all known plants. The
Stevenson School property supports
Monterey pine forest contiguous with a
larger extent of Monterey pine forest
encompassed within Subunit 6a.
Because of its connection to other
Monterey pine forest with a natural
understory, we do not consider it too
small to have the features that are
essential to the conservation of P.
yadonii. Although it has abundant shrub
cover in some areas, in other areas it
supports a more open herbaceous
understory with scattered patches of P.
yadonii (Steeck, 2007). We evaluated
the materials submitted by the
commenter and the potential economic
costs to Stevenson School from the
proposed designation in our draft
economic analysis. Based on the
School’s proposed plans for the site, we
have decided to exclude this property
from the final designation of critical
habitat (see Exclusions Under Section
4(b)(2) of the Act section below for more
information). We are available to work
with Stevenson School representatives
on the conservation and recovery of P.
yadonii and their future school
development plans.
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12. Comment: One commenter stated
that critical habitat on the Pebble Beach
Company’s property should include
only those areas designated by the
Pebble Beach Company for conservation
purposes. They asserted that other areas
are not essential to the conservation of
P. yadonii. They provided specific
recommendations for modifications to
several subunits, including excising all
current and proposed roads that pass
through the subunits of Unit 6.
Our Response: We reviewed the
materials submitted and grouped the
requested modifications into four
categories: (a) Requests to remove all
current and proposed roads from the
subunits of Unit 6; (b) small adjustment
in boundaries where the designation
appeared to extend beyond the
boundaries of a proposed conservation
or open space area into, or just beyond,
existing roads or the golf course; (c)
requests to remove areas supporting
existing Monterey pine forest that the
commenter indicates are ‘‘lots of
record’’ but that Monterey County
required be conserved, as mitigation, in
the final environmental impact report
(Monterey County 2005) for the Pebble
Beach Company’s proposed
development; and (d) more substantial
modifications, which we individually
discuss in the response to Comment 13,
below.
We addressed the former three
categories in the following ways:
(a) Roads: The Service does not
typically map critical habitat at this
level of detail, due to the time involved
in attempting to exclude small, linear
areas that lack the PCEs and would
divide polygons. Lands covered by
roads or other structures that do not
support the PCEs are excluded by text
in the final rule, as explained in the
Mapping section. We recognize that
some roads currently exist, but that
adjustments to their current alignments
are proposed that would eliminate
habitat containing the PCEs. We have
excluded, under Section 4(b)(2) of the
Act, proposed and existing roads in Unit
6 in recognition of the conservation
agreement signed by the Service and
Pebble Beach Company. This agreement
and the exclusions are discussed further
in the section, Relationship of Critical
Habitat to Approved Management
Plans—Exclusions Under Section 4(b)(2)
of the Act, below. See Summary of
Changes from Proposed Rule, below, for
more information.
(b) We have made some adjustments
to the boundary of critical habitat in
Subunit 6a around the corporate yard (a
proposed development parcel (Monterey
County 2005)), along Congress Road
near the quarry site (extension of
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boundary over a road), and north of area
I–1 (where a relatively recently
constructed structure is visible in 2005
aerial photography).
(c) We have excluded areas within
Subunits 6a and 6c, including those
referred to by the Pebble Beach
Company as areas F–1, J, and part of
Area L, that support the PCEs of critical
habitat and are identified as required
mitigation areas, with some allowance
for development, in the FEIR for Pebble
Beach Company’s proposed
development (Monterey County 2005).
We make these exclusions in
recognition of the conservation
agreement signed by the Service and
Pebble Beach Company. This agreement
and the exclusions are discussed further
in the section, Relationship of Critical
Habitat to Approved Management
Plans—Exclusions Under Section 4(b)(2)
of the Act, below. See Summary of
Changes from Proposed Rule, below, for
more information.
13. Comment: A commenter
representing the Pebble Beach Company
suggested that we consider that two
areas included in Unit 6 of the proposal,
Indian Village/Area L (Subunit 6c) and
Area B (Subunit 6e), contain greater
shrub cover or riparian habitat than
Piperia yadonii typically prefers. They
also recommended we remove a portion
of Subunit 6a referred to as Area D and
reduce Unit 4 (Aguajito), to encompass
only the suitable low-growing maritime
chaparral habitat contiguous with the
existing occurrence.
Our Response: We have retained both
Area B and its adjacent forested areas in
Subunit 6e, as well as part of Area L and
adjacent forest (Indian Village) in
subunit 6c in this designation, because
they contain the PCEs for Piperia
yadonii. We have concluded that these
areas have the features that are essential
to conserve P. yadonii. We have
excluded 2 ac (0.8 ha) of Subunit 6e
(Area B) and about 9 acres (4 ha) of Area
L in recognition of the overall benefits
that designated critical habitat areas will
receive under the conservation
agreement signed by the Service and the
Pebble Beach Company (see the section
Relationship of Critical Habitat to
Approved Management Plans—
Exclusions Under Section 4(b)(2) of the
Act below for a discussion of this
exclusion).
For Unit 4 (Aguajito), we have
reviewed the habitat proposed in the
subunits and have considered the
unique nature of the maritime chaparral
on the shale and sandstone-derived soils
within a large expanse of maritime
chaparral and Monterey pine forest and
concluded that the subunits we are
designating contain the features
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essential to the conservation of P.
yadonii. However, we have excluded 49
acres of this unit in recognition of the
overall benefits that Unit 4 will receive
under the conservation agreement
signed by the Service and the Pebble
Beach Company (see the section
Relationship of Critical Habitat to
Approved Management Plans—
Exclusions Under Section 4(b)(2) of the
Act below for a discussion of this
exclusion).
We have reviewed the habitat in
subunit 6a, Area D, and agree with the
commenter that it does not contain the
features essential for the conservation of
Piperia yadonii. We conclude that the
dominance of coast live oak and open
canopy with relatively few Monterey
pines makes it less suitable for P.
yadonii. Therefore, we have removed 35
ac (14 ha) of Subunit 6a that do not
contain the PCEs from this final critical
habitat designation. See Summary of
Changes from Proposed Rule, below, for
more information.
14. Comment: Three commenters
recommended expansion of Subunit 6a
to include Area F–2, about 17 acres (7
ha) in Area F3, and an additional 13 ac
(5 ha) of Area PQR, as defined in the
Pebble Beach Company’s proposed
development.
Our Response: We did not propose or
designate Areas F–2, most of F–3, or the
13 ac (5 ha) in PQR because these
locations support fewer Piperia yadonii
plants compared to other locations in
the Del Monte Forest that we are
designating as critical habitat. These
areas are also proposed for development
by the Pebble Beach Company.
Although we proposed conservation
area F–1 as critical habitat, it is part of
the exclusion we are making in this
final designation, based on the
conservation agreement we have signed
with the Pebble Beach Company. See
the section Relationship of Critical
Habitat to Approved Management
Plans—Exclusions Under Section 4(b)(2)
of the Act below for a discussion of this
exclusion. Please also see our response
to Comment 1 and 18.
15. Comment: One commenter
suggested that the Service should
expand Subunit 6b to include all of
Area MNOUV, which supports one of
the two largest occurrences of Piperia
yadonii known to exist. Area MNOUV is
the name given to the collective areas
that support 116 acres of Monterey pine
forest and are proposed for development
as a golf course by the Pebble Beach
Company. The commenter referred to
language in our proposed designation in
which we indicated that the
conservation role of P. yadonii critical
habitat units is to support viable core
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populations. The commenter stated that
Area MNOUV supports one of two
viable core populations on the
Peninsula and, as such, the Service
should follow its own guidelines and
include it in the designation.
Our Response: Please see our
response to Comment 18 for a
description of how we designated
critical habitat. We recognize that
Subunit 6b is just one part of the large
Piperia yadonii population found in
Area MNOUV. Area MNOUV supports
one of the two largest occurrences
known to exist and is distributed within
the second largest expanse of Monterey
pine forest known to support P. yadonii.
However, the Service determined the
area did not have the features that are
essential to the conservation of the
species. We determined the quantity
and spatial characteristics of habitat
needed for conservation, and this area
was determined not to meet the
definition of critical habitat. Please also
see our response to Comment 1.
16. Comment: One commenter asked
if Subunits 3b and 3c were verified to
support Piperia yadonii.
Our Response: According to data
supplied by the California Department
of Transportation (Caltrans) during the
preparation of the proposed rule
(Robison 2006), populations of Piperia
yadonii in Subunits 3b and 3c were
visited while in flower and were
verified to support the species.
17. Comment: One commenter
provided observations of habitat and
population conditions of Piperia
yadonii in and around Subunit 3a and
suggested the designation be expanded
to include a site near Subunit 3a that
may contain many more P. yadonii than
previously documented. The commenter
stated that the planning process for the
parcel where the population occurs did
not appear to involve adequate surveys
for P. yadonii, because the surveys were
conducted during the fall. The
commenter provided suggestions for
protecting this site.
Our Response: We appreciate the
technical information supplied and
have incorporated it into the discussion
of Subunit 3a, where appropriate. The
population in question near Subunit 3a
should be surveyed to get a positive
identification of the Piperia species
occurring there. Because we cannot
determine at this time that the area
meets the definition of critical habitat,
we are not designating it in this final
rule. The process of designating critical
habitat does not involve the creation of
preserves or management strategies;
however, we frequently provide
conservation recommendations to local
agencies, and work with Federal
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yshivers on PROD1PC62 with RULES2
agencies through the section 7
consultation process, as we promote
recovery of listed species. We will
consider the technical information and
suggestions provided by the commenter
in planning and implementing recovery
for this species.
Comments Related to the Draft
Economic Analysis
18. Comment: The Draft Economic
Analysis (DEA) fails to present a
baseline that describes the conditions
that would exist in the absence of
critical habitat designation. Specifically,
NPCC commented that the DEA
estimated a large portion of the costs
would be incurred by the Pebble Beach
Company (PBC), but PBC would incur
these costs with or without designation.
While the DEA ‘‘directly attributed’’
PBC’s costs of invasive species control
to designation, invasive species control
provides many benefits, is required by
CEQA, and was conducted in all areas,
whether or not the species was present.
Others commented that the DEA
attributes delays to the designation that
might be due to other sources.
Our Response: The Final Economic
Analysis (FEA) includes an Appendix
which describes impacts expected to
result because of the designation of
critical habitat. That is, the Appendix
presents the incremental impacts that
would not be expected to occur in the
absence of critical habitat. This
appendix recognizes that most of the
impacts quantified as coextensive
impacts in the report are expected to
occur regardless of the designation of
critical habitat.
19. Comment: The DEA makes no
attempt to estimate how many projects
or actions would involve a Federal
nexus in the 20-year analysis and that
the FEA should base estimates on such
a prediction.
Our Response: Appendix A of the
FEA identifies projects that involve a
Federal nexus to estimate the
incremental impacts of the designation
apart from the coextensive impacts
quantified in the DEA.
20. Comment: It is unlikely that the
restriction on development in unit 2b is
due to the proposed rule. It is also
unlikely that the development in unit 2b
would have been completely prevented.
Our Response: The DEA does not
attribute these impacts from lost
development to the proposed rule, but
describes them as impacts
‘‘coextensive’’ with the designation of
critical habitat. The FEA includes an
Appendix describing incremental
impacts. As described in Appendix A,
the foregone development impacts in
unit 2 are not considered to be
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incremental impacts of the critical
habitat designation. Further, in the
specific case of the proposed
development in unit 2b, the FEA omits
most of the impact from lost
development that was originally
included in the DEA, as information
suggests it is unlikely that the entity
will be prevented from developing.
21. Comment: To estimate the cost of
delay, the DEA solely relies on
conversations with the developer and
uses an interest rate of fifteen percent
without explanation.
Our Response: The DEA relied as
much as possible on the County
Planning and Building Department to
determine what development had
occurred in the past, what development
was currently under review, and what
development was planned for the
future. The developer provided
reasonable estimates of delay time. An
interest rate of fifteen percent is a
standard interest rate used to calculate
the risk adjusted cost of capital to
private developers.
22. Comment: The DEA estimates on
page 34 and 44 costs to PBC of as much
as $4.5 million associated with invasive
species control. Commenter states that it
is unclear how the overall $4.5 million
figure was determined.
Our Response: The DEA does not
include any estimated impacts of $4.5
million as described. Total impacts to
the PBC over 20 years in undiscounted
dollars of invasive species removal
efforts is estimated to be $0.97 million
in units 4 and 5 (see page 34 of the DEA)
and $2.87 million in unit 6 (see page 44
of the DEA). As cited in footnotes 92
and 104 of the DEA, impacts to the PBC
are based on annual budget estimates
provided by PBC.
23. Comment: Commenter states that
the DEA does not evaluate the evidence
the Stevenson School provided on the
large adverse impacts to the School. The
commenter also noted that DEA does
not comply with the Regulatory
Flexibility Act (RFA) or Small Business
Regulatory Fairness Act (SBREFA) as it
does not adequately analyze the impacts
to the Stevenson School.
Our Response: The FEA incorporates
the previous comments made by the
Stevenson School and evaluates impacts
of piperia conservation on the School.
Section V.F of the FEA estimates
impacts to range from $0.006 million to
$9.2 million (present value, three
percent discount rate) as a result of
possible restrictions on the
implementation of the School’s Master
Plan. The FEA also considers the
impacts to the Stevenson School in the
RFA and SBREFA.
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60415
Comments from the State
24. Comment: The California Coastal
Commission questioned why the critical
habitat designation on the Monterey
Peninsula did not include any areas
proposed for development by the Pebble
Beach Company, including that part of
the Monterey pine forest that supports
roughly one-third of the known
population of Piperia yadonii and is
proposed for a golf course. The Coastal
Commission noted that the Service
provided no biological justification for
the absence of this area in the
designation. They recommended that
the critical habitat be redrawn to
include Monterey pine forest areas on
the Monterey Peninsula that support P.
yadonii and its habitat.
Our Response: During the process of
selecting critical habitat boundaries, we
determined the PCEs for the species,
and identified the quantity and spatial
characteristics of PCEs needed for
conservation. These are the physical
and biological features essential to the
conservation of the species. In
determining the appropriate spatial
arrangement of PCEs, we identified
areas where there were conflicts with
development projects and assessed the
likelihood of the species’ persistence
and recovery absent designation of those
areas. We determined that there was
sufficient habitat for the species
conservation without these lands.
Therefore, our critical habitat
designation does not include Pebble
Beach Company development lands.
We used a multi-step process to
identify and delineate critical habitat
units. First, we reviewed and mapped
all known occurrences of Piperia
yadonii, using the best available
information. Next, we determined the
physical and biological features
essential to the conservation of the
species. To do this we defined the PCEs
and then determined which areas
contain PCEs that are essential to the
conservation of the species. We
evaluated which occupied areas were
most likely to contribute to the longterm persistence of the species. We
focused on locations with larger
occurrences in larger areas of
contiguous native habitat (greater than 5
acres (2 ha), see below) that are more
likely to support intact ecosystem
processes and biotic assemblages,
provide areas for population growth,
and opportunities for colonization of
adjacent areas. We then selected sites
with the PCEs that: (a) Represented the
geographic range of the species; (b)
captured peripheral populations; (c)
included the range of plant
communities and soil types in which P.
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yadonii is found; (d) encompassed the
elevation range over which the species
occurs; and (e) maintained the
connectivity of occurrences that grow
on continuous ridgelines. From these
areas we selected populations are most
likely to persist into the future and to
contribute to the species’ survival and
recovery. Other areas that we
determined to have the PCEs, that were
not included in the proposed
designation or this final designation, did
not have the features that are essential
to the conservation of the species. For
more information on how critical
habitat was determined, see Criteria
Used To Identify Critical Habitat
section, below.
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Summary of Changes From Proposed
Rule
In preparing the final critical habitat
designation for Piperia yadonii, we
reviewed and considered comments
from the public and peer reviewers on
the proposed designation of critical
habitat published on October 18, 2006
(71 FR 61546), and public comments on
the draft economic analysis published
on August 7, 2007 (72 FR 44069). As a
result of comments received on the
proposed rule and the DEA, and a
reevaluation of the proposed critical
habitat boundaries, we made changes to
our proposed designation, as follows:
(1) Based on exclusions under section
4(b)(2) of the Act, we reduced the size
of several subunits of Unit 6 on the
Monterey Peninsula and both subunits
of Unit 4 (Aguajito) as discussed in
responses to Comments 12 and 13 and
in recognition of the development of a
conservation agreement signed by the
Service and the Pebble Beach Company.
Collectively, this resulted in a reduction
of Unit 6 from 1,059 acres (428 ha) to
920 acres (372 ha) and Unit 4 from 157
acres (63.5 ha) to 108 acres (43.7 ha).
The acreages of the changes are
provided in Table 2. We also excluded
the Stevenson School for economic
reasons. Further discussion of the
conservation agreement and exclusions
under the Act can be found later in this
document starting with the section
Application of Section 4(a)(3) and
Exclusions Under Section 4(b)(2) of the
Act.
(2) We added the names of parcels of
land, where available, to the unit
descriptions, to help readers understand
the boundaries of the designation, given
the rather low resolution of the maps.
We added technical information, as
discussed in the comments, to the
descriptions of Unit 3.
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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.
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 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 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)).
Unoccupied areas can be designated
as critical habitat. However, we will
designate unoccupied areas only when
the best available scientific data
demonstrate that the conservation needs
of the species require additional areas.
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
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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 of
Piperia yadonii, 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
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available to these planning efforts calls
for a different outcome.
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Methods
As required by section 4(b)(2) of the
Act, we use the best scientific data
available in determining areas that
contain features that are essential to the
conservation of Piperia yadonii. This
includes information from the final
listing rule; data from research and
survey observations published in peerreviewed 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 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, the recovery plan for P.
yadonii, and information received from
local species experts. We did not
designate as critical habitat any areas
outside the geographical area occupied
by the species at the time of listing.
The range of Piperia yadonii extends
through Monterey County from the Las
Lomas area near the Santa Cruz County
border in the north to approximately 15
miles (25 kilometers) south of the
Monterey Peninsula near Palo Colorado
Canyon (Morgan and Ackerman 1990,
208–210; Allen 1996, unpaginated).
This range has been divided into the
following five geographic areas for the
purposes of recovery planning efforts:
(1) The Monterey Peninsula; (2) the area
interior of the Monterey Peninsula; (3)
northern Monterey County-PrunedaleElkhorn; (4) the Point Lobos Ranch area;
and (5) the Palo Colorado Canyon area
(USFWS 2004, pp. 16–26, 50–52). We
make reference to these geographic areas
when describing the locations of P.
yadonii populations and lands in this
critical habitat designation.
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 or 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
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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 PCEs required for Piperia
yadonii are derived from the biological
needs of P. yadonii as described in the
Background section of the proposed rule
and below.
Space for Individual and Population
Growth, Including Sites for Seed
Dispersal and Germination
Piperia yadonii depends on adequate
space for growth, reproduction between
near and far neighbors, and for
movement of seeds via wind to
unoccupied microsites within
populations, to population boundaries,
and to new sites. Once dispersed, seeds
must settle into sites with
characteristics appropriate for
germination, including the presence of
fungal associates necessary for postgermination development. Maritime
chaparral and pine forest communities
in which P. yadonii and its fungal
symbionts occur, exhibit considerable
variability in vegetation density, species
composition, and unvegetated gaps such
that microsites appropriate for
germination and growth are distributed
unevenly throughout this mosaic.
Plant communities such as maritime
chaparral, Monterey pine forest, and
coast live oak woodland are dynamic; in
the absence of fire, maritime chaparral
succeeds to oak woodland in mesic sites
and to low-diversity stands of large oldage manzanitas in drier sites (Van Dyke
et al. 2001). The patchy distribution of
P. yadonii in a given forest or chaparral
site in a single year is a reflection of the
habitat conditions at that particular
time. Habitat sites that contain the same
soil characteristics and plant
community may become suitable and
occupied in future decades as vegetation
structure changes due to shrub or tree
death and growth or herbivore
population sizes or movements. In the
same manner, a currently occupied
location may diminish in value due to
these changing conditions. The mosaic
of vegetation height, density, and
species composition in a given area
provides opportunities for gene flow
between occurrences of P. yadonii
through seed dispersal on prevailing
winds, and promotes continuation of
ecosystem processes, such as the
biological interactions necessary to
maintain forest canopy and dominant
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60417
manzanita species, and pollinator
assemblages.
Maintaining large and small
populations of Piperia yadonii is
essential for the long-term conservation
of the species. Large occurrences of
plants and those with higher densities
of individuals are more likely to attract
insect pollinators necessary for the
production of viable seed and promote
gene flow (Kunin 1997, p. 232–233) and
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. Small
populations of plants 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 1995, pp. 172–175).
Nutritional and Physiological
Requirements, Including Light and Soil
Requirements
Piperia yadonii occurs in maritime
chaparral, a coastal shrub association
dominated by endemic species of
manzanitas. It is most often found on
ridges where exposed sandstone or
decomposed granitic soils are shallow
and where the dominant manzanita
species are low-growing (preliminary
measurements indicate an average of 6
inches (15 centimeters) tall (Graff 2006,
pp. 5–6)), allowing P. yadonii leaves to
receive filtered sun and the
inflorescence to extend above the
decumbent manzanita branches. In the
Elkhorn–Prunedale area, the transition
from the low-growing manzanitas of the
ridgetops to the surrounding slopes that
support deeper soils and higher
vegetation canopies is often abrupt (Van
Dyke et al. 2001, p. 222).
Although Piperia yadonii grows
among manzanitas, the specific
manzanita species vary among the
geographic areas within the species
range. Hooker’s manzanita
(Arctostyphylos hookeri ssp. hookeri) is
the manzanita species with which P.
yadonii most commonly grows at its
most northern distribution in the hills
around Prunedale. Pajaro manzanita (A.
pajaroensis) and chamise (Adenostoma
fasciculatum) are other dominant shrubs
in maritime chaparral there. On and
south of the Monterey Peninsula,
several manzanitas (A. hookeri, A.
tomentosa, and A. glandulosa ssp.
zacaensis) are reportedly the dominant
shrubs among which it grows (Graff
2006, p. 4; EcoSystems West 2006, p.
64). Other species of manzanita (A.
glandulosa) and manzanita hybrids are
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the dominant low-growing forms at the
southernmost occurrence of P. yadonii
near Palo Colorado Canyon, where
Hooker’s manzanita is absent (Norman
1995, Graff 2006, p. 4).
In Monterey pine forest, Piperia
yadonii grows through pine needle duff
where the native herbaceous vegetation
cover is typically sparse, but diverse,
and the Monterey pine canopy is of
moderate density (20 to 70 percent on
the Monterey Peninsula), providing
filtered sunlight to the forest floor
(EcoSystems West 2006, pp. 43, 62–68).
The understory plant species most
frequently associated with P. yadonii in
the Monterey pine forest are the
perennial herb common sanicle
(Sanicula laciniata), leafy bent grass
(Agrostis pallens), and spindly forms of
bush monkey flower (Mimulus
aurantiacus). In a habitat
characterization of P. yadonii on the
Monterey Peninsula, microsites
occupied by P. yadonii had five times
greater cover by other native geophytes
(perennial plants with underground
storage organs, such as bulbs, tubers, or
corms), such as golden brodiaea (Tritelia
ixiodes), blue dicks (Dichelostemma
capitatum), and mariposa lilies
(Calochortus spp.) than did microsites
lacking P. yadonii. Where a maritime
chaparral understory exists with
scattered pines, P. yadonii occurs with
other native herbs in gaps between the
shrubs. It occurs in similar gaps
associated with trails and fire roads in
the Bishop pine-Gowen cypress forest
stand within the Monterey pine forest
on the Monterey Peninsula. It is not
typically found in areas with a coast live
oak canopy or those with high
understory cover of shrubs or vines
(EcoSystems West 2006, pp. 50–51, 62–
68).
It is likely that in some areas the
composition and cover of the Monterey
pine herbaceous understory may remain
relatively stable for decades due to
abiotic factors (e.g., soils, hydrology); in
others, these appropriate microhabitats
may be ephemeral, disappearing as
shrubs establish or increase in size and
appearing elsewhere when understory
fire; burrowing, trailing, and browsing
animals; or shrub death, create new
gaps. Areas should be of sufficient size
to sustain the plant communities in
which Piperia yadonii grows, given that
climate change may eventually alter
forest composition (and thus availability
of filtered sunlight), available soil
moisture, and mycorrhizal associates
(Perry et al. 1990, pp. 266–274; Field et
al. 1999, pp. 1–3; Noss 2001, pp. 581–
586).
Although soils supporting native
mycorrhizal symbionts are believed to
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be a requirement for successful growth
in Piperia yadonii, this is not a habitat
feature easily observable in the field or
about which we have specific
information. Therefore, we have not
included it as a primary constituent
element for P. yadonii, but assume that
mycorrhizal associates will be
represented in areas that encompass
appropriate vegetation and soils.
Piperia yadonii occupies soils that are
primarily characterized as sands, fine
sands, and sandy loams by the Soil
Conservation Service mapping (United
States Department of Agriculture
(USDA) 1978, maps; EcoSystems West
2006, pp. 23–26). Soils where P. yadonii
occurs in the Monterey pine forest are
typically characterized as sands, rather
than loams and, on the Monterey
Peninsula, are frequently underlain by a
claypan that is 1 to 5 feet (0.3 to 1.5 m)
below the surface (USDA 1978, pp. 53–
54; Jones and Stokes Associates 1994b,
pp. 16–21; EcoSystems West 2006, pp.
23–26)). In a comparison of Monterey
pine forest sites on and east of the
Monterey Peninsula, P. yadonii was
present in soils that tended to have
lower organic matter, lower nutrient
levels, and lower summer soil moisture
levels than areas where it was absent
(EcoSystems West 2006, pp. 43, 59–61).
It is not known if P. yadonii actually
prefers nutrient-poor soils or if it is
unable to compete with the denser
understory vegetation found on more
nutrient-rich soils. The presence of P.
yadonii is correlated with the drier of
the forest soils. It is not found in
riparian areas or wetlands on the
Monterey Peninsula (Allen,
unpaginated; EcoSystems West 2006,
pp. 59–61, 64–65).
In the maritime chaparral at its
northern distributional limit, Piperia
yadonii occurs on ridges supporting
shallow, weathered, sandy soils with
sandstone outcrops, where shrubs are
small-statured (USDA 1978, pp. 10–11;
Allen 1996 unpaginated; Graff 2006, p.
4). The average shrub canopy height in
areas where P. yadonii occurs on these
ridges is about 6 inches, according to
preliminary sampling (Graff 2006, pp 5–
6). Soils in this region are typically
derived from weathered marine
deposits. These sites often support
cryptogamic soil crusts (soil surface
communities primarily composed of
cyanobacteria, lichens, mosses, and
algae) (Graff 2006, p. 4). Cryptogamic
crusts have been found to increase
nutrient availability to plants, reduce
erosion, improve plant-water relations,
and provide germination and seedling
growth sites (USDA 1997, pp. 8–11).
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Pollinators
Piperia yadonii also requires
pollinators for the production of viable
seeds (PCE 2) (Doak and Graff 2001, p.
15). Size and configuration of plant
populations, and associated flowering
species, may influence the degree to
which pollinators are attracted to an
area (Sipes and Tepedino 1995, p. 937).
The abundance of pollinators may affect
reproductive success and persistence of
small plant populations (Groom 1998,
pp. 487–495). As a group, the
reproductive output of orchids is
limited by pollinator availability or
activity (Tremblay et al. 2005, p. 24),
and P. yadonii had reduced seed set
under natural pollination as compared
to manual pollination (Doak and Graff
2001, p. 12–13), an indication that seed
set in this species may be pollinator
limited. When populations of flowering
individuals are small or flowering is
restricted to a specific season, the
individual plant population may not be
able to sustain a population of insect
pollinators by itself (Groom 1998, pp.
493–495); therefore, habitats that
support a variety of other flowering
plant species that provide nectar and
pollen sources throughout spring and
summer for pollinator populations are
likely needed to sustain P. yadonii
populations.
Doak and Graff (2001, p. 13) found
that pollinators of Piperia yadonii are
predominantly nocturnal, short-tongued
moths (e.g., in the families Pyralidae,
Geometridae, Noctuidae, Pterophoridae)
that are most active between the hours
of 8:30 p.m. and 10:00 p.m. Some of
these pollinator species (e.g., Agrotis
ipsilon, Udea profundalis) are
generalists regarding larval host plants,
but others (e.g., Elpiste marcescaria,
Drepanulatrix baueraia) feed on specific
host plants in the larval stage (e.g.,
coyote bush, wild lilac, respectively).
Piperia yadonii exists within several
plant communities that sustain insect
pollinators. They do so by supporting
those flowering plant species needed by
pollinators as larval hosts or nectar
sources (e.g., coyotebush, wild lilac, and
species in the mint family).
Primary Constituent Elements for
Piperia yadonii
Pursuant to our regulations, we are
required to identify the known physical
or biological features (Primary
Constituent Elements; PCEs, laid out in
sufficient quantity and appropriate
spatial arrangement for conservation)
essential to the conservation of Piperia
yadonii. All areas being designated as
critical habitat for P. yadonii are
occupied, within the species’ historic
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geographic range, and contain sufficient
PCEs to support life history functions
for this species.
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 Piperia yadonii
PCEs are:
1. A vegetation structure providing
filtered sunlight on sandy soils:
a. Coastal pine forest (primarily
Monterey pine) with a canopy cover of
20 to 70 percent, and a sparse
herbaceous understory on Baywood
sands, Narlon loamy fine sands,
Sheridan coarse sandy loams, Tangair
fine sands, Santa Lucia shaly clay loams
and Chamise shaley clay loams
underlain by a hardpan; or
b. Maritime chaparral ridges with
dwarfed shrubs (primarily Hooker’s
manzanita) on Reliz shaly clay loams,
Sheridan sandy loams, Narlon sandy
loams, Arnold loamy sands and soils in
the Junipero–Sur complex, Rock
Outcrop–Xerorthents Association, and
Arnold–Santa Ynez complex often
underlain by rock outcroppings.
2. Presence of nocturnal, shorttongued moths in the families Pyralidae,
Geometridae, Noctuidae, and
Pterophoridae.
This designation is designed for the
conservation of areas supporting the
PCEs necessary to support the life
history functions that were the basis for
the proposal. In general, critical habitat
units are designated based on sufficient
PCEs being present to support one or
more of the species’ life history
functions. Each area designated in this
rule has been determined to contain
sufficient PCEs to provide for one or
more of the life history functions of P.
yadonii. Because not all life history
functions require all the PCEs, not all
critical habitat will uniformly contain
all the PCEs.
Criteria Used To Identify Critical
Habitat
As required by section 4(b)(2) of the
Act, we used the best scientific data
available in determining areas that
contain features that are essential to the
conservation of Piperia yadonii. This
includes information from the final
listing rule; data from research and
survey observations published in peerreviewed 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).
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We are not designating as critical habitat
any areas outside the geographical area
presently occupied by the species.
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, and
information received from local species
experts.
We are designating critical habitat on
lands within the geographic area
occupied by the species at the time of
listing that continues to be occupied to
date. All critical habitat units contain
habitat with features essential to the
conservation of Piperia yadonii. We did
not designate any units that are
unoccupied.
We used a multi-step process to
identify and delineate critical habitat
units. First, we mapped and reviewed
all known occurrences of Piperia
yadonii, using the best available
information. To be meaningful for the
purposes of determining critical habitat
units, survey information had to be
evaluated in light of the species’ life
history. Not all individuals produce
leaves or flower every year. A belowground P. yadonii tuber can do one of
four things in any given year: Die,
remain dormant, send up leaves but not
flower, or leaf out and flower (Graff
2006, pp. 7 and 8). The length of tuber
dormancy is not known, but may be
from 1 to 4 years based upon data from
other orchid species with a similar life
history. The P. yadonii flower is
diagnostic (with regard to other Piperia
species), and the proportion of
vegetative plants that flower in any
given year has been estimated to be from
0.4 percent to 22 percent (Graff 2006, p.
8), with the lowest estimates coming
from those in the chaparral community.
Thus it is difficult to precisely
determine the extent and abundance of
the species both within individual
occurrences and throughout its
geographic range. Because a positive
identification requires a flowering
individual, we did not include any
occurrences in the designation that had
not been identified during the flowering
season as P. yadonii.
Occurrence information included the
results of several different types of
surveys for the species in various
locations within its range. Allen (1996,
unpaginated) conducted a twoconsecutive-year survey to better
understand the extent of the range,
distribution, and overall population size
of the species. The Allen (1996) study
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estimated populations of Piperia
yadonii within polygons overlaid on
topographic maps, but did not indicate
areas where the author looked for, but
did not find occurrences. Graff (2006,
e.g., pp. 14 and 15) developed a longterm monitoring program for P. yadonii,
using specific test plots in several areas
featuring known occurrences, and
georeferenced individual patches of P.
yadonii. Various other surveys were
designed and conducted for specific
purposes, including assessing potential
land subdivisions/development projects
and potential State highway
realignment. In the case of Pebble Beach
Company lands on the Monterey
Peninsula and areas inland from the
peninsula, intensive surveys have been
conducted in multiple years to aid in
formulating their Del Monte Forest
Preservation and Development Plan.
Next, we evaluated which occupied
areas were most likely to contribute to
the long-term persistence of the species.
We focused on locations with larger
occurrences in larger areas of
contiguous native habitat (greater than 5
acres (2 ha), see below) that are more
likely to support intact ecosystem
processes and biotic assemblages,
provide areas for population growth,
and opportunities for colonization of
adjacent areas. These areas also 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). We believe that areas
less than 5 acres in size that are
surrounded by high-density
development (e.g., office parks,
residential neighborhoods, commercial
buildings, and parking lots) and have
become isolated as a result of
development may contribute to the
conservation of the species through
educational, research, and other
mechanisms, but overall have a lower
potential for long-term preservation and
lesser conservation value to the species.
Therefore, we do not believe these areas
have the features essential to the
conservation of the species and thus we
did not further consider these areas in
the designation. Although we have not
included these areas within the critical
habitat designation, because they are
occupied they may still receive
protection under other provisions of the
Act.
We then selected sites from among the
data set resulting from the above
evaluation that contain the features
essential to the conservation of Piperia
yadonii, and may require special
management considerations or
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protection. These areas result in a
designation that: (a) Represents the
geographic range of the species; (b)
captures peripheral populations; (c)
includes the range of plant communities
and soil types in which P. yadonii is
found; (d) encompasses the elevation
range over which the species occurs;
and (e) maintains the connectivity of
occurrences that grow on continuous
ridgelines.
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, pp.1297–1300);
therefore, essential 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 Piperia
yadonii is found to preserve the genetic
variation that may result from
adaptation to local environmental
conditions, as 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
of plants distributed along ridgetops.
In determining the extent of lands
necessary to ensure the conservation
and persistence of this species, we
identified all areas that contain PCEs
and are either already protected,
managed, or otherwise unencumbered
by conflicting use (e.g., undeveloped
County or City parks, proposed
preservation areas). These populations
are most likely to persist into the future
and to contribute to the species’ survival
and recovery. We added ownership
categories to the 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 organization,
undeveloped County or City parks), and
finally other agency and private lands.
As a result of the above process, we
did not include all occupied areas in the
critical habitat designation. About 13
occurrences or parts of occurrences,
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beyond those in the Pebble Beach
Company’s proposed development
areas, are known to the Service and are
not included in the critical habitat
designation: Two of these are in the
Elkhorn–Prunedale area, 10 are on the
Monterey Peninsula or interior of the
Monterey Peninsula, and one is in the
Point Lobos Ranch area. These
occurrences were not included in the
designation due to the above-discussed
reasons of small size, lack of
surrounding native or appropriate
habitat, or because we lacked evidence
that Piperia yadonii are extant or
accurately identified in those areas.
Mapping
To map the units of critical habitat,
we overlaid Piperia yadonii records on
soil series data, topographic contours
and, where available, vegetation data
(e.g., maritime chaparral mapped by
Van Dyke and Holl (2003)). Although P.
yadonii occurs predominately on soils
with a substantial sand component (e.g.,
Arnold and Narlon series), the mapped
distribution of such soils extends well
beyond the species’ range. Piperia
yadonii also frequently occurs in areas
of relatively low relief (typically less
than 30 percent slope) along ridgetops
or in patches of low relief amid steeper
slopes. Using digital elevation data, we
mapped the distribution of P. yadonii
relative to areas with low relief and
found that topographic relief, when
combined with soils and plant
community data, is a more accurate
predictor of the species’ distribution.
Therefore, as a first step, we tailored
unit boundaries using geomorphologic
features, vegetation data, and soil series
data.
In areas dominated by maritime
chaparral, such as the ElkhornPrunedale area, Piperia–yadonii occurs
primarily among low-growing
manzanitas on ridgelines underlain by
sandstone. In areas with this
geomorphic setting, we determined that
digitizing the centerline of the ridgetops
where P. yadonii occurs and adding 150
meters (492 feet) on either side of the
centerline most consistently
encompassed known P. yadonii
occurrences, appropriate soils, and
suitable habitat contiguous with known
occurrences. The resulting 300 meter(984 foot-) wide area encompasses the
flat or gently sloping ridgetops with
low-growing manzanitas and the
adjacent slopes supporting maritime
chaparral. These ridgetops support the
P. yadonii occurrences, areas for
population expansion, germination sites
for wind-dispersed seeds, and
appropriate soils. When maritime
chaparral did not extend 150 meters
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from the centerline of the ridgetop, we
used closer geographic (e.g., streams)
and manmade features (e.g., roads,
development boundaries, farmed land)
to constrain and more accurately
delineate a unit area boundary.
In areas dominated by Monterey pine
forest, particularly on the Monterey
Peninsula, topographic features are less
distinct, and consequently less useful
for mapping purposes than in the
chaparral-covered hills of northern
Monterey County. The Monterey
Peninsula’s Monterey pine and Gowen
cypress-Bishop pine forest stands exist
in an expanse of residential and
recreational development. Additional
residential and recreational
development is proposed. As a
consequence, on the Monterey
Peninsula, we began by delineating the
occurrences as defined by the most
recent set of comprehensive surveys. We
then encompassed the forested stands
and fragments that were within existing
or proposed conservation or open space
areas. In two locations where forest
connections still existed between forest
stands, we included these to help
maintain continued gene flow between
Piperia yadonii occurrences. We also
used landscape features such as streams,
roads, and developed areas to delineate
unit boundaries on appropriate soils.
Using the above criteria we identified
eight units that contain features
essential to the conservation of Piperia
yadonii: Three units are in north
Monterey County in the ElkhornPrunedale area; one is on the Monterey
Peninsula; two units are interior from
the Monterey Peninsula; one unit is at
Point Lobos Ranch; and the most
southerly unit is near Palo Colorado
Canyon.
When determining critical habitat
boundaries, we made every effort to
avoid including within the boundaries
of the maps contained within this rule
developed areas, tilled fields, row crops,
golf course turfgrass, buildings, paved
areas, and other areas that lack PCEs for
Piperia yadonii. The scale of the maps
prepared under the parameters for
publication within the Code of Federal
Regulations may not reflect the
exclusion of all such developed areas.
Any such structures and the land under
them inadvertently left inside critical
habitat boundaries shown on the maps
of this designation have been excluded
by text in the rule and are not included
in the designation as critical habitat.
Therefore, Federal actions limited to
these structures and underlying lands
would not trigger section 7 consultation,
unless they affect the species and/or
primary constituent elements in
adjacent critical habitat.
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Special Management Considerations or
Protections
When designating critical habitat, we
assess whether the occupied areas
contain the features essential to the
conservation of the species that may
require special management
considerations or protection. Many of
the known occurrences of Piperia
yadonii are threatened by one or a
combination of the following: habitat
fragmentation or loss due to residential,
commercial, or recreational
development; competition with
nonnative plants for light, space, or
water; deer and rabbit herbivory;
vegetation cutting for fire prevention;
changes in light, space, and soil
moisture availability due to loss or
alteration of adjacent vegetation or
forest canopy; changes in fecundity
require special management and are
addressed under the critical habitat unit
descriptions below.
(number and viability of offspring) or
genetic variability resulting from loss
and fragmentation of populations or
potentially low pollinator abundance or
activity; disease; and trampling (PCE 1,
PCE 2). In maritime chaparral
associations of the Prunedale-Elkhorn
region where fire has not occurred in
many decades, shrub diversity appears
to be declining as coast live oak or largecanopied manzanitas become dominant
(Van Dyke et al. 2001, pp. 225–227).
This conversion may be slow in the
shallow ridgetop soils where P. yadonii
occurs, but increasing development
surrounding these ridgetops reduces the
opportunity to use fire as a management
tool should it be deemed necessary to
maintain the open, low-canopy
conditions of P. yadonii’s preferred
habitat (PCE 1). These threats may
Critical Habitat Designation
We are designating eight units as
critical habitat for Piperia yadonii. The
critical habitat areas described below
constitute our best assessment currently
of areas that meet the definition of
critical habitat for Piperia yadonii. Table
1, below, identifies the approximate
area exempt from critical habitat for P.
yadonii pursuant to section 4(a)(3) of
the Act. Exemptions are discussed later
in this rule under the section
Application of Section 4(a)(3) and
Exclusions Under Section 4(b)(2) of the
Act. Table 2, below, identifies units that
we reduced in size between the
proposed and final rules.
TABLE 1.—APPROXIMATE AREA EXEMPT FROM CRITICAL HABITAT FOR PIPERIA YADONII
PURSUANT TO SECTION 4(A)(3) OF THE ACT
Location (Unit)
Size of area meeting the
definition of critical habitat
(Acres/Hectares)
Presidio of Monterey, Monterey Peninsula ...................................................................
121 ac (49 ha) ....................
Size of exemption area
(Acres/Hectares)
121 ac (49 ha)
TABLE 2.—REDUCTIONS IN THE UNIT SIZE BY TYPE OF LAND BETWEEN THE PROPOSED AND FINAL RULE
[Only the unit that was reduced is shown. Area estimates reflect all land within critical habitat unit boundaries in ac (ha).]
Critical habitat unit and subunit
Local
agency
State
Private
Total
reduction
Unit 4: Aguajito ............................................................................................................
Subunit 4a ............................................................................................................
Subunit 4b ............................................................................................................
Unit 6: Monterey Peninsula .........................................................................................
Subunit 6a ............................................................................................................
Subunit 6b ............................................................................................................
Subunit 6c .............................................................................................................
Subunit 6d ............................................................................................................
Subunit 6e ............................................................................................................
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
49 (20)
28 (11)
21 (9)
139 (57)
95 (38)
3 (1)
39 (16)
0
2 (1)
49 (20)
28 (11)
21 (9)
139 (57)
95 (38)
3 (1)
39 (16)
0
2 (1)
Total ...............................................................................................................
....................
....................
......................
189 (75)
The approximate area encompassed
within each designated critical habitat
unit is shown in table 3.
TABLE 3.—CRITICAL HABITAT UNITS DESIGNATED FOR PIPERIA YADONII BY TYPE OF LAND OWNERSHIP
[Area estimates reflect all land within critical habitat unit boundaries in ac (ha).]
Private
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Critical habitat unit and subunit
State
Local agency
Conservationoriented NGO
Other
(private)
Unit 1: Blohm Ranch ..............................................................
subunit 1a .......................................................................
subunit 1b .......................................................................
Unit 2: Manzanita Park ..........................................................
subunit 2a .......................................................................
subunit 2b .......................................................................
subunit 2c .......................................................................
Unit 3: Vierra Canyon ............................................................
subunit 3a .......................................................................
......................
0
0
......................
0
0
0
......................
0
......................
0
0
......................
0
0
183 (74)
......................
0
..........................
72 (29)
56 (23)
..........................
231 (93)
0
0
..........................
0
..........................
0
0
..........................
0
83 (34)
0
..........................
17 (7)
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Total
128 (52)
72 (29)
56 (23)
497 (201)
231 (93)
83 (34)
183 (74)
50 (20)
17 (7)
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TABLE 3.—CRITICAL HABITAT UNITS DESIGNATED FOR PIPERIA YADONII BY TYPE OF LAND OWNERSHIP—Continued
[Area estimates reflect all land within critical habitat unit boundaries in ac (ha).]
Private
Critical habitat unit and subunit
State
Local agency
Conservationoriented NGO
Other
(private)
subunit 3b .......................................................................
subunit 3c .......................................................................
Unit 4: Aguajito ......................................................................
subunit 4a .......................................................................
subunit 4b .......................................................................
Unit 5: Old Capitol .................................................................
Unit 6: Monterey Peninsula ...................................................
subunit 6a .......................................................................
subunit 6b .......................................................................
subunit 6c .......................................................................
subunit 6d .......................................................................
subunit 6e .......................................................................
Unit 7: Point Lobos ................................................................
Unit 8: Palo Colorado ............................................................
12 (5)
21 (8)
......................
0
0
0
......................
0
0
0
0
0
228 (93)
0
0
0
......................
0
0
0
......................
0
0
0
0
19 (8)
0
0
0
0
..........................
0
0
0
..........................
435 (176)
0
23 (9)
12 (5)
29 (12)
97 (39)
0
0
0
..........................
49 (20)
59 (24)
16 (6)
..........................
375 (152)
6 (2)
8 (3)
0
13 (5)
0
73 (29)
12 (5)
21 (8)
108 (44)
49 (20)
59 (24)
16 (6)
920 (372)
810 (328)
6 (2)
31 (13)
12 (5)
61 (25)
325 (131)
73 (29)
Total .........................................................................
261 (105)
202 (81)
955 (387)
699 (283)
2117 (857)
We present brief descriptions of all
units, and reasons why they meet the
definition of critical habitat for Piperia
yadonii, below.
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Unit 1: Blohm Ranch
Unit 1 consists of 128 ac (52 ha) of
private lands in northern Monterey
County in the Elkhorn Slough
watershed. It is divided into two
ridgeline subunits, separated by
intervening agricultural fields. The two
subunits support similar plant
communities and need similar types of
special management considerations or
protection; therefore, we discuss them
as a unit, except to define land
ownership or acreage. Unit 1 was
occupied at the time of listing (Service
1998) and is currently occupied. It
supports one of the two largest
occurrences of Piperia yadonii plants in
the Prunedale Elkhorn area (several
thousand plants (Allen 1996
unpaginated)) and the northernmost
occurrences in the known range of the
species. This unit contains features that
are essential for the conservation of P.
yadonii, including soils from weathered
marine sediments that are classified as
an Arnold Santa Ynez complex on the
ridgetops and as Arnold series soils on
the slopes (PCE 1). Vegetation is
primarily high quality maritime
chaparral, with ridgetops dominated by
low-growing Hooker’s manzanita. This
unit provides habitat that supports
germination, growth, and reproduction
of P. yadonii. It contains ridgetop
habitat openings, between and among
patches of P. yadonii, to allow for
population expansion and for shifts in
population location, should
successional vegetation or other changes
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occur that alter microhabitat conditions.
Features essential to the conservation of
P. yadonii in this unit may require
special management considerations or
protection due to: the growth and
spread of invasive plant species (such as
jubata grass); erosion from old roadbeds
or past earth-moving activities; and
herbivory (PCE 1, PCE 2). Herbivory of
flowering stalks was 36 percent in 1999,
although predators (mountain lion
(Puma concolor)) of herbivores were
recently sighted on these lands (Doak
and Graff 2001, p. 28; Graff 2006,
Appendix IV). Given that pollen
deposition rates and seed production
were low for the one site studied in this
unit, special management may also be
needed to ensure that the abundance of
potential pollinators, such as moths or
bees, are maintained or enhanced PCE
2).
Subunit 1a: This subunit consists of
72 ac (29 ha) of private land owned by
the Elkhorn Slough Foundation and The
Nature Conservancy. Although
restoration and removal of nonnative
invasive plant populations are ongoing,
a management plan specifically
addressing Piperia yadonii on properties
owned by the Elkhorn Slough
Foundation and The Nature
Conservancy has not yet been developed
(Hayes 2006).
Subunit 1b: This subunit consists of
56 ac (23 ha) of land owned by The
Nature Conservancy and managed by
the Elkhorn Slough Foundation, or
owned and managed by the Elkhorn
Slough Foundation. A management plan
specifically addressing Piperia yadonii
has not yet been developed.
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Unit 2: Manzanita Park
Unit 2 consists of 498 ac (201 ha) of
Monterey County lands north of
Prunedale. It is divided into 3 subunits
that support similar soils and vegetation
communities and need similar types of
special management considerations or
protection; therefore, we discuss these
characteristics for the whole unit. Unit
2 was occupied at the time of listing
(Service 1998) and is currently
occupied. The lands in this unit support
several thousand Piperia yadonii plants
scattered along the ridges, separated by
intervening lower-elevation areas of oak
woodland, farmed lands, and residential
development (Allen 1996 unpaginated;
Environmental Science Associates 2003;
CNDDB 2005; Graff 2006 appendix IV).
This unit contains features that are
essential for the conservation of P.
yadonii, including soils from weathered
marine sediments that are classified as
an Arnold–Santa Ynez complex on the
ridgetops and as Arnold series soils on
the slopes and on more undulating
topography within Manzanita County
Park (PCE 1). Vegetation within the
subunits is primarily maritime
chaparral, with some coast live oak
woodland at the lower elevations. The
ridgetops are dominated by low-growing
Hooker’s manzanita. This unit contains
the PCEs for P. yadonii that promote
germination, growth, and reproduction
(PCE 1). This unit encompasses a cluster
of three ridgelines primarily oriented
east-west that rise in elevation from
west to east, which support P. yadonii
and which may be close enough for
genetic exchange via wind-dispersed
seed. In conjunction with the Blohm
Ranch unit (Unit 1), this unit
encompasses the majority of the P.
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yadonii plants known in the northern
half of the range of P. yadonii. The
ridgetop habitat openings, between and
among patches of P. yadonii, allow for
population expansion and for shifts in
population location, should
successional vegetation or other changes
occur that alter microhabitat conditions.
This unit is the central of the three in
the Elkhorn Prunedale geographic area.
This unit supports one of the two largest
occurrences in the species’ northern
range, and the subunits of Unit 2
include the largest occupied ridgelines
relatively unfragmented by residential
development in the heart of the species’
northern distribution. Due to their
relatively unfragmented condition,
lands in this unit may support dormant
plants among the patches of currently
known P. yadonii. Features in this unit
may require special management
considerations or protection due to: the
growth and spread of invasive plant
species, such as jubata grass, French
broom, and eucalyptus; elimination or
further fragmentation of habitat from
residential, recreational, or agricultural
development; vegetation removal for
fuel reduction purposes; disease; and
herbivory (PCE 1, PCE 2). Habitat with
features essential to the conservation of
P. yadonii in this unit may require
special management considerations or
protection to ensure the abundance of
potential pollinators, such as moths or
bees, are maintained or enhanced, to
ensure the production of sufficient
viable seed (PCE 2).
Subunit 2a: This subunit consists of
231 ac (93 ha) of land owned and
managed by the Elkhorn Slough
Foundation.
Subunit 2b: This subunit consists of
83 ac (34 ha) of private lands. Some of
the lands in this subunit were proposed
for a 10-lot subdivision, residential
development, and open space
designation in 2000 (Mercurio 2000, p.
2); this project may be moving forward
in the near future (Schubert 2006).
Subunit 2c: This subunit consists of
183 ac (74 ha) within Manzanita County
Park, owned and managed by the
County of Monterey. Part of the park has
been developed into a sports complex
and is not part of the designation. A
portion of the park within the unit is
used for hiking and equestrian use.
Although volunteers have recently
begun removing nonnative invasive
plants from the park, we are not aware
of the existence of any management
plan that specifically addresses Piperia
yadonii on properties owned by
Monterey County.
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Unit 3: Vierra Canyon
Unit 3 consists of 50 ac (20 ha)
consisting primarily of State lands in
northern Monterey County north of
Prunedale. It is divided into 3 subunits
with similarities in vegetation and
special management considerations or
protection needs. Unit 3 was occupied
at the time of listing (Service 1998) and
is currently occupied (Childs 2004). The
easternmost Piperia yadonii occurrences
in unit 3 (subunits 3b and 3c) are
reported to be small, with fewer than 10
flowering individuals; this likely
represents up to several hundred
individuals, based on the observed
proportion of flowering to vegetative
individuals (Doak and Graff 2001). This
unit contains features that are essential
for the conservation of P. yadonii,
including the following: Lands in this
unit support soils from weathered
marine sediments that are classified as
an Arnold-Santa Ynez complex on the
ridgetops and the Arnold series on the
slopes (PCE 1). Vegetation is primarily
maritime chaparral, with coast live oak
woodland in the lower elevation areas.
The ridgetops are dominated by lowgrowing Hooker’s manzanita. Analysis
of aerial photographs suggests that
chaparral vegetation on the ridgetops in
this region maintains a more open
canopy than in areas to the west, in the
areas of Units 1 and 2 (Van Dyke 2006).
Therefore, these areas may support
openings that are more persistent, and
can be occupied by P. yadonii for a
longer time, than areas to the west, even
in the absence of fire (Van Dyke 2006).
The lands surrounding these subunits
are more extensively developed for
residential use than are those to the
west, severing the once continuous
maritime chaparral that dominated the
ridges. Consequently the subunits are
smaller and lack the additional habitat
for population expansion found in the
other northern units. This unit contains
the PCEs for P. yadonii that promote
germination, growth, and reproduction.
It supports the easternmost occurrences
of P. yadonii in the Elkhorn’Prunedale
region, on the northeast periphery of the
species’ range. Features essential to the
conservation of P. yadonii in this unit
may require special management
considerations or protection due to
elimination or further fragmentation of
habitat from development, grading or
other vegetation removal (e.g., for fuel
reduction purposes or roads), and the
spread of invasive plant species (PCE 1,
PCE 2).
Subunit 3a: This subunit consists of
17 ac (7 ha) of private lands that are
overlain by a Pacific Gas and Electric
Company easement. The occurrence in
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60423
this subunit is the largest documented
in Unit 3, numbering several thousand
plants (Childs 2004).
Subunit 3b: This subunit consists of
12 ac (5 ha) of State lands (California
Department of Transportation
(Caltrans)). The lands in this subunit
and in subunit 3c were part of a
previous study area for a highway
alignment. This alignment was
eventually excluded from further
consideration and the State retains the
lands (Robison 2006). We are not aware
of any management plan that addresses
Piperia yadonii on these State
properties.
Subunit 3c: This subunit consists of
21 ac (8 ha) of State lands, owned by
Caltrans.
Unit 4: Aguajito
Unit 4 consists of 108 ac (44 ha) of
private land east of the Monterey
Peninsula and north of Jack’s Peak
County Park. It is divided into 2
subunits separated by lower elevation
lands. Unit 4 was occupied at the time
of listing (Service 1998) and is currently
occupied. Piperia yadonii occurs in
these subunits on ridgetops, where it
grows with Hooker’s manzanita
(EcoSystems West 2006, p. 61). This
unit contains features that are essential
for the conservation of P. yadonii,
including the following: Soils in this
unit are classified as the Santa LuciaReliz Association, where Reliz series
soils occur on the ridgetops and Santa
Lucia series soils on surrounding slopes
(PCE 1). Reliz series soils are
characterized as excessively drained
shaley clay loams underlain by shale or
sandstone (USDA 1978, p. 64). The
vegetation in the unit is a mix of
Monterey pine forest and maritime
chaparral. Griffin (1978, p. 69)
commented that this area was one of the
only ones in the Monterey Bay area
where maritime chaparral grows on
shale. He also noted that sandstones
exist within the shale beds and produce
sandy loam soils. A related species,
Piperia elegans, is more abundant in the
surrounding Monterey pine forest
(EcoSystems West 2005b, p. 7). This
unit provides habitat that supports
germination, growth, and reproduction.
Unit 4 represents one of only two units
in the region interior to the Monterey
Peninsula. It supports the largest
undeveloped easternmost occurrence of
P. yadonii in the central and southern
half of the species’ range. Its
preservation will help avoid range
collapse. Features essential to the
conservation of P. yadonii in this unit
may require special management
considerations or protection due to
fragmentation of habitat from
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development and the colonization and
spread of invasive plant species (PCE 1,
PCE 2). We are also excluding 49 acres
(20 ha) from this subunit as a result of
the Pebble Beach Company’s
conservation agreement.
Subunit 4a: This subunit consists of
49 ac (20 ha) of private lands (owned by
the Pebble Beach Company). Lands in
and/or adjacent to this subunit and
subunit 4b are proposed for preservation
in the Pebble Beach Company’s recent
development plan, but the configuration
of the preservation areas is not yet
determined (Monterey County 2005, pp.
2–89, 2–90).
Subunit 4b: This subunit consists of
56 ac (24 ha) of private lands (owned by
the Pebble Beach Company) and
proposed for preservation (see above),
and 3 ac (1ha) of Monterey County road
right-of-way.
Unit 5: Old Capitol
Unit 5 consists of 16 ac (7 ha) of
private land (owned by the Pebble
Beach Company) east of the Monterey
Peninsula. Unit 5 was occupied at the
time of listing (Service 1998) and is
currently occupied. Surveys in 2005
revealed that the dominant Piperia
species at this location is P. elegans,
which number in the thousands;
however, several hundred P. yadonii cooccur with P. elegans throughout the
unit (EcoSystems West 2005b, pp. 5–7).
This unit contains features that are
essential for the conservation of P.
yadonii, including the Chamise shaley
clay loam (PCE 1) soil type. The
vegetation is Monterey pine forest and
coast live oak woodland. This unit
provides habitat that supports
germination, growth, and reproduction
of P. yadonii. It is the only unit
designated between the Monterey
Peninsula (Unit 6) and Aguajito (Unit 4)
to the east and, therefore, provides
connectivity between these other two
units.
Features essential to the conservation
of P. yadonii may require special
management considerations or
protection in this unit due to:
Fragmentation or loss of habitat from
development, habitat degradation by
motorized vehicles and encampments,
debris dumping, and competition from
nonnative invasive plants (PCE 1, PCE
2). The land in Unit 5 is proposed for
preservation in the Pebble Beach
Company’s recent development plan
(Monterey County 2005, pp. 2–89, 2–
90).
Unit 6: Monterey Peninsula
Unit 6 consists of 920 ac (372 ha) of
private and City lands on the Monterey
Peninsula. This unit is divided into 5
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subunits due to intervening
development. Most of the lands
surrounding this unit are developed for
residential and recreational (golf) use.
The similarities among the subunits in
soils and vegetation community are
discussed here; subunit specific details
are discussed below. Unit 6 was
occupied at the time of listing (Service
1998) and is currently occupied. It
supports the greatest abundance and
largest aerial extent of Piperia yadonii in
the species’ range, with close to 100,000
vegetative plants (Zander Associates
and WWD Corporation 2004, all pp.;
EcoSystems West 2004, pp. 1–9;
EcoSystems West 2005a, 2005b, all pp.).
This unit contains features that are
essential for the conservation of P.
yadonii including sands or sandy loam
soils that belong to at least 5 soil series
on the Monterey Peninsula unit
(Baywood sands, Narlon loamy fine
sands, Sheridan coarse sandy loams,
Tangair fine sands, and Santa Lucia
shaley clay loam). Vegetation in this
unit is primarily Monterey pine forest,
with maritime chaparral, and Bishop
pine/Gowen cypress forest in two
subunits (PCE 1). Pollinator
observations and collections were made
on lands in this unit (PCE 2) (Doak and
Graff 2001). This unit provides habitat
that supports germination, growth,
reproduction, and space for shifts in the
location of P. yadonii, as microhabitat
conditions change. Features essential to
the conservation of P. yadonii may
require special management in this unit
due to: Adverse effects from adjacent
existing and future development,
including the loss of adjacent forest
canopy, increased trampling, potential
hydrologic changes, overspray of
pesticides, the introduction of
pathogens or disease, mowing, and the
introduction and spread of invasive
plant species; continuing high and/or
increasing deer populations resulting in
high herbivory levels; and increased
growth of understory vegetation due to
exclusion of wildfire (PCE 1, PCE 2).
Subunit 6a: This subunit consists of
810 ac (328 ha) of private lands owned
by the Pebble Beach Company and other
private owners, including 17 ac (7 ha)
owned by the Del Monte Forest
Foundation (DMFF). Protected lands in
this subunit include the SFB Morse
Botanical Reserve (owned by the DMFF)
and the Huckleberry Hill Natural
Reserve (easement held by the DMFF).
It also includes lands identified in the
Pebble Beach Company’s most recent
development proposal for preservation
or conservation: Areas PQR, G, H, I, the
Corporate Yard Preservation Area, and
Area D (Monterey County 2005). The
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Department of the Army’s Presidio of
Monterey is contiguous with the
northeastern edge of this subunit; those
lands are exempted from this
designation, as described later in this
rule. We have also excluded 54 acres (22
ha) from this subunit as a result of the
Pebble Beach Company’s conservation
agreement and 6 ac (2.4 ha) from the
Stevenson School property. We have
also removed 35 acres (including Area
D) because they do not support the
PCEs. Please see the section
Relationship of Critical Habitat to
Approved Management Plans—
Exclusions Under Section 4(b)(2) of the
Act and our responses to Comments 12
and 13, for a discussion of these
exclusions.
Plant communities in the Huckleberry
Hill Natural Area and SFB Morse
Botanical Preserve are Gowen cypress/
Bishop pine forest, maritime chaparral,
and Monterey pine forest. The
remaining lands support primarily
Monterey pine forest. Lands in this
subunit support about 90,000 vegetative
Piperia yadonii plants (Zander
Associates and WWD Corporation 2004
all pp.; EcoSystems West 2004, pp. 1–
9; EcoSystems West 2005a, 2005b, all
pp.). Although the DMFF conducts
some monitoring and removal of
nonnative invasive plant populations, a
management plan specifically
addressing P. yadonii on properties
owned by the DMFF has not been
developed.
Subunit 6b: This subunit consists of 6
ac (2 ha) of private lands. It is identified
in the Pebble Beach Company’s most
recent development proposal as the
Bristol Curve Conservation Area
(Monterey County 2005 Fig. ES–2). This
subunit is part of a larger area identified
by the Pebble Beach Company as Area
MNOUV, which supports about 116 ac
(47 ha) of Monterey pine forest and one
of the two largest known occurrences of
Piperia yadonii (about 57,000 plants
(Zander Associates and WWD
Corporation 2004)). The Monterey pine
forest of MNOUV outside the proposed
Bristol Curve conservation area is
proposed for development as a golf
course (Monterey County 2005).
Vegetation in this subunit is Monterey
pine forest with an herbaceous
understory. We are excluding 1 acre (1
ha) from this subunit as a result of the
Pebble Beach Company’s conservation
agreement, and as a result of boundary
adjustments, we have not included 2
acres of proposed critical habitat within
this subunit that do not support the
PCEs. Please see the section
Relationship of Critical Habitat to
Approved Management Plans—
Exclusions Under Section 4(b)(2) of the
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Act and our responses to Comments 12
and 13, for a discussion of these
exclusions.
Subunit 6c: This subunit consists of
31 ac (13 ha) of private lands, of which
about 23 acres (9 ha) are owned by the
DMFF. Lands within this unit are
referred to as Indian Village (owned by
the DMFF) and, in the Pebble Beach
Company’s recent development
proposal, as Conservation Area K and
Preservation Areas J and L (Monterey
County 2005 Fig. ES–2). Adjacent lands
(Part of Area K) that are proposed for
development are not included in this
subunit. We are excluding 37 acres (15
ha) from this subunit as a result of the
Pebble Beach Company’s conservation
agreement, and we have removed 2
acres (1 ha) as a result of boundary
adjustments to account for areas that do
not support the PCEs. Please see the
section Relationship of Critical Habitat
to Approved Management Plans—
Exclusions Under Section 4(b)(2) of the
Act and our responses to Comments 12
and 13, for a discussion of these
exclusions. The vegetation in this
subunit is primarily Monterey pine
forest. This subunit supports several
thousand Piperia yadonii plants (Zander
Associates and WWD Corporation
2004). Along with subunits 6b and 6d,
it encompasses lands in the
westernmost region of the Monterey
Peninsula.
Subunit 6d: This subunit consists of
12 ac (5 ha) of private lands owned by
the DMFF. It encompasses the Crocker
Grove, an area of Monterey cypress
forest with some adjacent Monterey
pine forest (PCE 1). This is the
westernmost subunit on the peninsula,
closest to the ocean, and lands it occurs
on are mapped as marine terrace 2
(Jones and Stokes 1994b, p. 11). It has
been documented to support about 50
flowering Piperia yadonii plants (Van
Dyke et. al. 2006), which typically
equates to several hundred vegetative
plants.
Subunit 6e: This subunit consists of
42 ac (17 ha) of private lands and 19 ac
(7 (ha) owned by the City of Pacific
Grove. About 29 ac (12 ha) of the private
lands are owned by the DMFF. Lands
within this unit are referred to as the
Navajo tract and as Preservation Area B
in the Pebble Beach Company’s most
recent development proposal (Monterey
County 2005 Fig. ES–2). We are
excluding 2 acres (1 ha) from this
subunit as a result of the Pebble Beach
Company’s conservation agreement.
Please see the section Relationship of
Critical Habitat to Approved
Management Plans—Exclusions Under
Section 4(b)(2) of the Act for a
discussion of this exclusion. The
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vegetation in this subunit is a mix of
coast live oak and Monterey pine forest
(PCE 1). It is the northernmost unit we
are designating on the Peninsula. It
supports several hundred plants of
Piperia yadonii (Zander Associates and
WWD Corporation 2004).
Unit 7: Point Lobos Ranch
Unit 7 consists of 228 ac (92 ha) of
State land south of the Monterey
Peninsula on the Big Sur coast, and 97
ac (39 ha) owned by the Big Sur Land
Trust that are intended to be added to
the State Parks system in the future.
Unit 7 was occupied at the time of
listing (Service 1998) and is currently
occupied. The lands in this unit support
several thousand Piperia yadonii plants
(Graff et al. 2003, Nedeff et al. 2003).
This unit contains features that are
essential for the conservation of P.
yadonii, including the sandy loam soils
in the Sheridan, Narlon, Junipero Sur
complex series, underlain by granitic
substrates from which terrace sands
have been eroded (Griffin 1978, p. 69,
USDA 1978 map no. 35). Vegetation is
a composite of Monterey pine forest,
maritime chaparral, Gowen cypress
Bishop pine forest, with some redwood
forest. Piperia yadonii occurs in this
unit in Monterey pine forest; on
exposed granitic soils in maritime
chaparral dominated by Hooker’s
manzanita; and under a canopy of
Monterey pine, Gowen cypress, and
redwood (Sequoia sempervirens) (PCE
1). This unit provides habitat that
supports germination, growth, and
reproduction of P. yadonii, as well as
population expansion and shifts in
population location. This unit supports
P. yadonii growing on soils not found in
other units and in association with a
varied mix of forest tree species. This is
the second highest unit in elevation and
supports the largest occurrence of P.
yadonii south of the Monterey
Peninsula (Graff 2006). Features
essential to the conservation of P.
yadonii may require special
management in this unit due to: the
growth and spread of invasive plant
species, such as French broom; loss of
habitat from residential development;
and erosion (PCE 1, PCE 2). Access by
park visitors may need to be managed to
avoid creation of trails in Monterey pine
forest populations and use of herbicides
should be controlled to avoid or
minimize effects to P. yadonii (PCE 1).
Unit 8: Palo Colorado
Unit 8 consists of 73 ac (29 ha) of
private land on the Big Sur coast. Unit
8 was occupied at the time of listing
(Service 1998) and is currently
occupied. The lands in this unit were
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reported to support 38 flowering Piperia
yadonii plants (Norman 1995), which
likely represents a population of several
hundred to several thousand vegetative
individuals, based on the observed
proportions of flowering to vegetative
individuals (Doak and Graff 2001). This
unit contains features that are essential
for the conservation of P. yadonii
including the following: A mix of sandy
loam soils, shallow soils less than 20
inches deep, and rock outcrops
classified as the Junipero-Sur complex
and Rock Outcrop—Xerorthents
Association (PCE 1) (USDA 1978, p. 38).
Vegetation in this unit has been
described as a unique association of
maritime chaparral, with low-growing
hybrid Arctostaphylos glandulosa as the
dominant manzanita under which P.
yadonii occurs (Norman 1995). This
unit provides habitat that supports
germination, growth, and reproduction
of P. yadonii. This unit supports the
most southern and highest elevation
(1,000 to 1,400 feet (300 to 430 m))
occurrence in the species’ range.
Features essential to the conservation of
P. yadonii may require special
management in this unit due to habitat
fragmentation and habitat degradation
from road and trail grading and from
future development, such as the
introduction and spread of nonnative
plants, removal of native vegetation,
erosion, and hydrologic changes (PCE 1,
PCE 2).
Effects of Critical Habitat Designation
Section 7 Consultation
Section 7(a)(2) of the Act requires
Federal agencies, including the Service,
to ensure that actions they fund,
authorize, or carry out are not likely to
destroy or adversely modify critical
habitat. Decisions by the Fifth and
Ninth Circuit Court of Appeals have
invalidated our definition of adversely
modify (see Gifford Pinchot Task Force
v. U.S. Fish and Wildlife Service, 378 F.
3d 1059 (9th Cir 2004) and Sierra Club
v. U.S. Fish and Wildlife Service et al.,
245 F.3d 434, 442F (5th Cir 2001)), and
we do not rely on this regulatory
definition when analyzing whether an
action is likely to destroy or adversely
modify critical habitat. Pursuant to the
statutory provisions of the Act,
destruction or adverse modification is
determined on the basis of whether,
with implementation of the proposed
Federal action, the affected critical
habitat would remain functional (or
retain the current ability for the primary
constituent elements to be functionally
established) to serve its intended
conservation role for the species.
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Section 7(a)(4) of the Act requires
Federal agencies to confer with us on
any action that is likely to jeopardize
the continued existence of a species
proposed for listing or result in
destruction or adverse modification of
proposed critical habitat. This is a
procedural requirement only. However,
once a species proposed for listing
becomes listed, or proposed critical
habitat is designated as final, the full
prohibitions of section 7(a)(2) apply to
any Federal action. The primary utility
of the conference procedures is to
maximize the opportunity for a Federal
agency to adequately consider species
proposed for listing and critical habitat
and avoid potential delays in
implementing their proposed action
because of the section 7(a)(2)
compliance process, should those
species be listed or the critical habitat
designated.
Under conference procedures, the
Service may provide advisory
conservation recommendations to assist
the agency in eliminating conflicts that
may be caused by the proposed action.
The Service may conduct either
informal or formal conferences. Informal
conferences are typically used if the
proposed action is not likely to have any
adverse effects to the species proposed
for listing or proposed critical habitat.
Formal conferences are typically used
when the Federal agency or the Service
believes the proposed action is likely to
cause adverse effects to species
proposed for listing or critical habitat,
inclusive of those that may cause
jeopardy or adverse modification.
The results of an informal conference
are typically transmitted in a conference
report, while the results of a formal
conference are typically transmitted in a
conference opinion. Conference
opinions on proposed critical habitat are
typically prepared according to 50 CFR
402.14, as if the proposed critical
habitat were designated. We may adopt
the conference opinion as the biological
opinion when the critical habitat is
designated, if no substantial new
information or changes in the action
alter the content of the opinion (see 50
CFR 402.10(d)). As noted above, any
conservation recommendations in a
conference report or opinion are strictly
advisory.
If a species is listed or critical habitat
is designated, section 7(a)(2) of the Act
requires Federal agencies to ensure that
activities they authorize, fund, or carry
out are not likely to jeopardize the
continued existence of such a species or
to destroy or adversely modify its
critical habitat. If a Federal action may
affect a listed species or its critical
habitat, the responsible Federal agency
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(action agency) must enter into
consultation with us. As a result of this
consultation, compliance with the
requirements of section 7(a)(2) will be
documented through the Service’s
issuance of: (1) A concurrence letter for
Federal actions that may affect, but are
not likely to adversely affect, listed
species or critical habitat; or (2) a
biological opinion for Federal actions
that are likely to adversely affect listed
species or critical habitat.
When we issue a biological opinion
concluding that a project is likely to
result in jeopardy to a listed species or
the destruction or adverse modification
of critical habitat, we also provide
reasonable and prudent alternatives to
the project, if any are identifiable.
‘‘Reasonable and prudent alternatives’’
are defined at 50 CFR 402.02 as
alternative actions identified during
consultation that can be implemented in
a manner consistent with the intended
purpose of the action, that are consistent
with the scope of the Federal agency’s
legal authority and jurisdiction, that are
economically and technologically
feasible, and that the Director believes
would avoid jeopardy to the listed
species or destruction or adverse
modification of critical habitat.
Reasonable and prudent alternatives can
vary from slight project modifications to
extensive redesign or relocation of the
project. Costs associated with
implementing a reasonable and prudent
alternative are similarly variable.
Regulations at 50 CFR 402.16 require
Federal agencies to reinitiate
consultation on previously reviewed
actions in instances where a new
species is listed or critical habitat is
subsequently designated that may be
affected and the Federal agency has
retained discretionary involvement or
control over the action or such
discretionary involvement or control is
authorized by law. Consequently, some
Federal agencies may request
reinitiation of consultation with us on
actions for which formal consultation
has been completed, if those actions
may affect subsequently listed species
or designated critical habitat or
adversely modify or destroy proposed
critical habitat.
Federal activities that may affect
Piperia yadonii or its designated critical
habitat require consultation under
section 7(a)(2) of the Act. Activities on
State, Tribal, local, or private lands
requiring a Federal permit (such as a
permit from the Corps under section 404
of the Clean Water Act or a permit
under section 10(a)(1)(B) of the Act from
the Service) or involving some other
Federal action (such as funding from the
Federal Highway Administration,
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Federal Aviation Administration, or the
Federal Emergency Management
Agency) will also be subject to the
section 7 consultation process. Federal
actions not affecting listed species or
critical habitat, and actions on State,
Tribal, local, or private lands that are
not federally funded, authorized, or
permitted, do not require section 7
consultations.
Application of the Adverse Modification
Standard for Actions Involving Effects to
the Critical Habitat of Piperia yadonii
For the reasons described in the
Director’s December 9, 2004,
memorandum, the key factor related to
the adverse modification determination
is whether, with implementation of the
proposed Federal action, the affected
critical habitat would remain functional
(or retain the current ability for the
primary constituent elements to be
functionally established) to serve its
intended conservation role for the
species. Activities that may destroy or
adversely modify critical habitat are
those that alter the PCEs to an extent
that the conservation value of critical
habitat for Piperia yadonii is
appreciably reduced. Generally, the
conservation role of Piperia yadonii
critical habitat units is to support viable
core area populations.
Section 4(b)(8) of the Act requires us
to briefly evaluate and describe, in any
proposed or final regulation that
designates critical habitat, those
activities involving a Federal action that
may destroy or adversely modify such
habitat, or that may be affected by such
designation.
Activities that, when carried out,
funded, or authorized by a Federal
agency, may affect critical habitat and,
therefore, should result in consultation
for Piperia yadonii include, but are not
limited to:
(1) Actions that would remove or
destroy Piperia yadonii plants or
remove flowering stalks. Such activities
could include, but are not limited to,
grading, plowing, mowing, burning
during the growing or flowering season,
driving over plants, unrestricted
creation of trails through occurrences,
unrestricted mechanical weed control,
and/or unlimited use of herbicides.
(2) Actions that would increase the
establishment and spread of invasive
nonnative species in Piperia yadonii
habitat or increase the invasability of
the plant community within which P.
yadonii occurs. Such activities could
include, but are not limited to: Grading;
plowing; road building and
maintenance; introducing seeds or other
propagules of invasive species during
erosion-control practices and/or
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landscaping practices; isolating habitat
patches within a matrix of residential or
other development; off road vehicle
traffic; and/or livestock grazing. These
activities could encourage the
establishment and spread species such
as French broom or jubata grass, which
can compete with P. yadonii for light
and other resources.
(3) Actions that would directly
remove or destroy the low-growing
maritime chaparral and Monterey pine
forest plant communities on which
Piperia yadonii depends. Such activities
could include, but are not limited to:
Road construction; grading;
development; plowing; burning out-ofseason or too frequently; and/or off-road
vehicle traffic. These activities could
reduce or eliminate space and the
appropriate light and hydrologic
conditions for P. yadonii germination,
growth, and reproduction.
(4) Actions that would indirectly
reduce the presence of low-growing
manzanitas in maritime chaparral,
openings in maritime chaparral, or
forested areas with a diverse assemblage
(but low cover) of native herbs. Such
activities could include, but are not
limited to: Those that isolate or
fragment habitat through development;
road construction that promotes such
development; exclusion of fire; reduced
opportunity for prescribed burns during
the fall season; and/or increased
potential for human-caused fire during
the growing season of Piperia yadonii.
These activities could result in less
diverse, consistently old-age maritime
chaparral stands with fewer openings or
areas that support low-growing
manzanitas and reduced abundance of
forest patches with filtered light
canopies and low cover by vines and
shrubs.
(5) Actions that would alter the soil
hydrology in Piperia yadonii habitat.
Such activities could include, but are
not limited to: Grading or excavation
that disrupts subsurface hardpan layers
that influence soil saturation;
conversion to agricultural lands;
development of golf courses, ball fields,
or other areas that require irrigation;
and/or development that increases
impermeable surfaces. These activities
could result in soils that do not retain
sufficient moisture through the growing
season, excessive irrigation that
influences P. yadonii through altered
water availability or indirectly through
changes in associated vegetation, and
changes in drainage patterns that
influence soil saturation during the
growing season.
(6) Actions that would increase the
abundance of herbivores (such as deer
and rabbits) of Piperia yadonii leaves
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and flowers or encourage the spread and
abundance of nonnative species that
consume pollen (e.g., nonnative
earwigs). Such activities could include,
but are not limited to: Residential or
commercial development that
introduces landscaping that favors
nonnative garden invertebrates but not
their predators (e.g., lizards); and/or
fencing that excludes predators, but not
herbivores. These actions could result in
increased levels of herbivory of P.
yadonii leaves and flowers and
correspondingly reduced levels of
reproduction.
(7) Actions that would diminish the
variety or abundance of pollinators
needed for seed set in Piperia yadonii.
Such actions could include, but are not
limited to: Removal of the native
maritime chaparral and forest plant
communities within which P. yadonii
grows, night-lighting adjacent to areas
supporting P. yadonii, and/or unlimited
pesticide applications. These actions
could indirectly reduce reproduction in
P. yadonii through reduced pollen
transfer and could alter gene flow
between occurrences through changes in
pollinator composition.
All of the units designated as critical
habitat, as well as that portion of one
which has been exempted under section
4(a)(3) of the Act contain features
essential to the conservation of Piperia
yadonii. All units are within the
geographic range of the species and all
units were occupied by the species at
the time of listing and are occupied
now. In some cases, the level of detail
regarding the precise location of plants
within the units was not documented
until after the listing. Because all critical
habitat units are occupied, Federal
agencies already consult with us on
activities in areas currently occupied by
P. yadonii, or if the species may be
affected by their actions, to ensure that
their actions do not jeopardize the
continued existence of P. yadonii.
Application of Section 4(a)(3) and
Exclusions Under Section 4(b)(2) of the
Act
Section 4(a)(3)
The Sikes Act Improvement Act of
1997 (Sikes Act) (16 U.S.C. 670a)
required each military installation that
includes land and water suitable for the
conservation and management of
natural resources to complete, by
November 17, 2001, an Integrated
Natural Resource Management Plan
(INRMP). An INRMP integrates
implementation of the military mission
of the installation with stewardship of
the natural resources found on the base.
Each INRMP includes an assessment of
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60427
the ecological needs on the installation,
including the need to provide for the
conservation of listed species; a
statement of goals and priorities; a
detailed description of management
actions to be implemented to provide
for these ecological needs; and a
monitoring and adaptive management
plan. Among other things, each INRMP
must, to the extent appropriate and
applicable, provide for fish and wildlife
management, fish and wildlife habitat
enhancement or modification, wetland
protection, enhancement, and
restoration where necessary to support
fish and wildlife and enforcement of
applicable natural resource laws.
The National Defense Authorization
Act for Fiscal Year 2004 (Pub. L. 108–
136) amended the Act to limit areas
eligible for designation as critical
habitat. Specifically, section 4(a)(3)(B)(i)
of the Act (16 U.S.C. 1533(a)(3)(B)(i))
now provides: ‘‘The Secretary shall not
designate as critical habitat any lands or
other geographical areas owned or
controlled by the Department of
Defense, or designated for its use, that
are subject to an integrated natural
resources management plan prepared
under section 101 of the Sikes Act (16
U.S.C. 670a), if the Secretary determines
in writing that such plan provides a
benefit to the species for which critical
habitat is proposed for designation.’’
We consult with the military on the
development and implementation of
INRMPs for installations with listed
species. INRMPs developed by military
installations located within the range of
the critical habitat designation for
Piperia yadonii were analyzed for
exemption under the authority of 4(a)(3)
of the Act.
Approved INRMPs
The Presidio of Monterey (POM) has
an INRMP and Endangered Species
Management Plan (ESMP) in place that
provides a benefit for Piperia yadonii.
The ESMP and INRMP were completed,
and the Army began implementing each
of them, in 1999 and 2001, respectively
(Harding ESE 1999; Harding ESE 2001;
Cairns 2006). The conservation goal of
the ESMP that addresses P. yadonii is to
maintain the two occurrences on POM
lands and protect them from impacts
during use of the nearby obstacle/
orienteering course. The plan identifies
the following actions that will benefit P.
yadonii: Monitoring; protecting the
populations from foot traffic by
installing signs and by other means;
removing nonnative plant species from
documented and potential habitat;
monitoring deer browsing and providing
caging, if necessary; and establishing a
propagation program, if necessary. The
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POM has carried out the following in
the past 5 years: Annual population
monitoring since 2000, installation and
maintenance of educational signs,
creation of an educational brochure
highlighting P. yadonii, construction
and installation of outdoor bulletin
boards on which the brochures are
posted, and removal of infestations of
nonnative French broom in over 13
acres of Monterey pine forest habitat
(Cairns 2006).
Based on the above considerations,
and in accordance with section
4(a)(3)(B)(i) of the Act, we have
determined that conservation efforts
identified in the ESMP and INRMP will
provide benefits to Piperia yadonii
occurring in habitats within the POM.
Therefore, this installation is exempt
from critical habitat designation under
section 4(a)(3) of the Act.
Approximately 121 acres (49 ha) of
habitat for P. yadonii is not included in
this critical habitat designation due to
this exemption.
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Application of Section 4(b)(2) of the Act
Section 4(b)(2) of the Act states that
critical habitat shall be designated, and
revised, on the basis of the best
available scientific data after taking into
consideration the economic impact,
national security impact, and any other
relevant impact, of specifying any
particular area as critical habitat. The
Secretary may exclude an area from
critical habitat if he determines that the
benefits of such exclusion outweigh the
benefits of specifying such area as part
of the critical habitat, unless he
determines, based on the best scientific
data available, that the failure to
designate such area as critical habitat
will result in the extinction of the
species. In making that determination,
the Congressional record is clear that
the Secretary is afforded broad
discretion regarding which factor(s) to
use and how much weight to give any
factor.
Under section 4(b)(2) of the Act, in
considering whether to exclude a
particular area from the designation, we
must identify the benefits of including
the area in the designation, identify the
benefits of excluding the area from the
designation, and determine whether the
benefits of exclusion outweigh the
benefits of inclusion. If an exclusion is
contemplated, then we must determine
whether excluding the area would result
in the extinction of the species. In the
following sections, we address a number
of general issues that are relevant to the
exclusions we considered.
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Benefits of Designating Critical Habitat
The information provided in this
section applies to all the discussions
below that discuss the benefits of
inclusion and exclusion of critical
habitat in that it provides the framework
for the consultation process.
Regulatory Benefits
The consultation provisions under
section 7(a) of the Act constitute the
regulatory benefits of critical habitat. As
discussed above, Federal agencies must
consult with the Service on actions that
may affect critical habitat and must
avoid destroying or adversely modifying
critical habitat. Prior to the designation
of critical habitat, consultation for a
listed species occurs on actions that
may affect the listed species, and
Federal agencies must refrain from
undertaking actions that jeopardize the
continued existence of the species. Thus
the analysis of effects to critical habitat
is a separate and different analysis from
that of the effects to the species.
Therefore, the difference in outcomes of
these two analyses represents the
regulatory benefit of critical habitat. For
some species, and in some locations, the
outcome of these analyses will be
similar, because effects to habitat will
often also result in effects to the species.
However, the regulatory standard is
different, as the jeopardy analysis looks
on the action’s impact to survival and
recovery of the species and the adverse
modification analysis looks at the effects
to the designated habitat’s contribution
to conservation of the species. This will,
in many instances, lead to different
results, and different regulatory
requirements.
We note that, for 30 years prior to the
Ninth Circuit Court’s decision in Gifford
Pinchot, the Service essentially
conflated the jeopardy standard with the
standard for destruction or adverse
modification of critical habitat when
evaluating Federal actions that affect
occupied critical habitat. The Court
ruled that the two standards are distinct
and that adverse modification
evaluations require consideration of
impacts on the recovery of species.
Thus, critical habitat designations may
provide greater benefits to the recovery
of a species.
There are two limitations to the
regulatory effect of critical habitat. First,
consultation is only required where
there is a Federal nexus—if there is no
Federal nexus, designation itself does
not restrict actions that destroy or
adversely modify critical habitat.
Second, it only limits destruction or
adverse modification. By its nature, the
prohibition on adverse modification is
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designed to ensure those areas that
contain the physical and biological
features essential to the conservation of
the species or unoccupied areas that are
essential to the conservation of the
species are not eroded. Critical habitat
designation alone, however, does not
require specific steps toward recovery.
Once consultation under section
7(a)(2) of the Act is triggered, the
process may conclude informally when
the Service concurs in writing that the
proposed Federal action is not likely to
adversely affect critical habitat.
However, if the Service determines
through informal consultation that
adverse impacts are likely to occur, then
formal consultation is initiated. Formal
consultation concludes with a biological
opinion issued by the Service on
whether the proposed Federal action is
likely to result in destruction or adverse
modification of critical habitat. For
critical habitat, a biological opinion that
reaches a ‘‘no destruction or adverse
modification’’ determination may
contain discretionary conservation
recommendations to minimize adverse
effects to primary constituent elements.
We believe that in many instances the
regulatory benefit of critical habitat is
low when compared to voluntary
conservation efforts or management
plans. The conservation achieved
through implementing Habitat
Conservation Plans (HCPs) under
Section 10 of the Act or other habitat
management plans is typically greater
than would be achieved through
multiple site-by-site, project-by-project,
section 7 consultations involving
consideration of critical habitat.
Management plans commit resources to
implement long-term management and
protection to particular habitat for at
least one and possibly other listed or
sensitive species. Section 7
consultations only commit Federal
agencies to prevent adverse
modification to critical habitat caused
by the particular project, and they are
not committed to provide conservation
or long-term benefits to areas not
affected by the proposed project. Thus,
an HCP or management plan that
incorporates enhancement or recovery
as the management standard will often
provide as much or more benefit than a
consultation for critical habitat
designation conducted under the
standards required by the Ninth Circuit
in the Gifford Pinchot decision.
Educational Benefits
A benefit of including lands in critical
habitat is that the designation of critical
habitat serves to educate landowners,
State and local governments, and the
public regarding the potential
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conservation value of an area. This
helps focus and promote conservation
efforts by other parties by clearly
delineating areas of high conservation
value for Piperia yadonii. In general, the
educational benefit of a critical habitat
designation always exists, although in
some cases it may be redundant with
other educational effects. For example,
HCPs have significant public input and
may largely duplicate the educational
benefit of a critical habitat designation.
This benefit is closely related to a
second benefit: That the designation of
critical habitat would inform State
agencies and local governments about
areas that could be conserved under
State laws or local ordinances.
Recovery Benefits
The process of designating critical
habitat as described in the Act requires
that the Service identify those lands on
which are found the physical or
biological features essential to the
conservation of the species which may
require special management
considerations or protection. In
identifying those lands, the Service
must consider the recovery needs of the
species, such that the habitat that is
identified, if managed, could provide for
the survival and recovery of the species.
Furthermore, once critical habitat has
been designated, Federal agencies must
consult with the Service under section
7(a)(2) of the Act to ensure that their
actions will not adversely modify
designated critical habitat or jeopardize
the continued existence of the species.
As noted in the Ninth Circuit’s Gifford
Pinchot decision, the Court ruled that
the jeopardy and adverse modification
standards are distinct, and that adverse
modification evaluations require
consideration of impacts to the recovery
of species. Thus, through the section
7(a)(2) consultation process, critical
habitat designations provide recovery
benefits to species by ensuring that
Federal actions will not destroy or
adversely modify designated critical
habitat.
It is beneficial to identify those lands
that are necessary for the conservation
of the species and that, if managed
appropriately, would further recovery
measures for the species. The process of
proposing and finalizing a critical
habitat rule provides the Service with
the opportunity to determine lands
essential for conservation as well as
identify the primary constituent
elements or features essential for
conservation on those lands. The
designation process includes peer
review and public comment on the
identified features and lands. This
process is valuable to landowners and
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managers in developing conservation
management plans for identified lands,
as well as any other occupied habitat or
suitable habitat that may not have been
included in the Service’s determination
of essential habitat.
However, the designation of critical
habitat does not require that any
management or recovery actions take
place on the lands included in the
designation. Even in cases where
consultation has been initiated under
section 7(a)(2) of the Act, the end result
of consultation is to avoid jeopardy to
the species and adverse modification of
its critical habitat, but not specifically to
manage remaining lands or institute
recovery actions on remaining lands.
Conversely, management plans institute
proactive actions over the lands they
encompass intentionally to remove or
reduce known threats to a species or its
habitat and, therefore, implement
recovery actions. We believe that the
conservation of a species and its habitat
that could be achieved through the
designation of critical habitat, in some
cases, is less than the conservation that
could be achieved through the
implementation of a management plan
that includes species-specific provisions
and considers enhancement or recovery
of listed species as the management
standard over the same lands.
Consequently, implementation of any
HCP or management plan that considers
enhancement or recovery as the
management standard will often provide
as much or more benefit than a
consultation for critical habitat
designation conducted under the
standards required by the Ninth Circuit
in the Gifford Pinchot decision.
Conservation Partnerships on NonFederal Lands
Most federally listed species in the
United States will not recover without
the cooperation of non-Federal
landowners. More than 60 percent of the
United States is privately owned
(National Wilderness Institute 1995, p.
2), and at least 80 percent of endangered
or threatened species occur either
partially or solely on private lands
(Crouse et al. 2002, p. 720). Stein et al.
(1995, p. 400) found that only about 12
percent of listed species were found
almost exclusively on Federal lands (90
to 100 percent of their known
occurrences restricted to Federal lands)
and that 50 percent of federally listed
species are not known to occur on
Federal lands at all.
Given the distribution of listed
species with respect to land ownership,
conservation of listed species in many
parts of the United States is dependent
upon working partnerships with a wide
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variety of entities and the voluntary
cooperation of many non-Federal
landowners (Wilcove and Chen 1998, p.
1407; Crouse et al. 2002, p. 720; James
2002, p. 271). Building partnerships and
promoting voluntary cooperation of
landowners is essential to
understanding the status of species on
non-Federal lands and is necessary to
implement recovery actions such as
reintroducing listed species, habitat
restoration, and habitat protection.
Many non-Federal landowners derive
satisfaction in contributing to
endangered species recovery. The
Service promotes these private-sector
efforts through the Department of the
Interior’s Cooperative Conservation
philosophy. Conservation agreements
with non-Federal landowners (HCPs,
safe harbor agreements, other
conservation agreements, easements,
and State and local regulations) enhance
species conservation by extending
species protections beyond those
available through section 7
consultations. In the past decade, we
have encouraged non-Federal
landowners to enter into conservation
agreements, based on a view that we can
achieve greater species conservation on
non-Federal land through such
partnerships than we can through
regulatory methods (61 FR 63854;
December 2, 1996).
Many private landowners, however,
are wary of the possible consequences of
encouraging endangered species to their
property, and there is mounting
evidence that some regulatory actions
by the Federal Government, while wellintentioned and required by law, can
(under certain circumstances) have
unintended negative consequences for
the conservation of species on private
lands (Wilcove et al. 1996, pp. 5–6;
Bean 2002, pp. 2–3; Conner and
Mathews 2002, pp. 1–2; James 2002, pp.
270–271; Koch 2002, pp. 2–3; Brook et
al. 2003, pp. 1639–1643). Many
landowners fear a decline in their
property value due to real or perceived
restrictions on land-use options where
threatened or endangered species are
found. Consequently, harboring
endangered species is viewed by many
landowners as a liability, resulting in
anti-conservation incentives because
maintaining habitats that harbor
endangered species represents a risk to
future economic opportunities (Main et
al. 1999, pp. 1264–1265; Brook et al.
2003, pp. 1644–1648). According to
some researchers, the designation of
critical habitat on private lands
significantly reduces the likelihood that
landowners will support and carry out
conservation actions (Main et al. 1999,
p. 1263; Bean 2002, p. 2; Brook et al.
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2003, pp. 1644–1648). The magnitude of
this negative outcome is greatly
amplified in situations where active
management measures (such as
reintroduction, fire management, and
control of invasive species) are
necessary for species conservation (Bean
2002, pp. 3–4). The Service believes that
the judicious exclusion of specific areas
of non-federally owned lands from
critical habitat designations can
contribute to species recovery and
provide a superior level of conservation
than critical habitat alone.
The purpose of designating critical
habitat is to contribute to the
conservation of threatened and
endangered species and the ecosystems
upon which they depend. The outcome
of the designation, triggering regulatory
requirements for actions funded,
authorized, or carried out by Federal
agencies under section 7(a)(2) of the
Act, can sometimes be
counterproductive to its intended
purpose on non-Federal lands. Thus the
benefits of excluding areas that are
covered by partnerships or voluntary
conservation efforts can often be high.
Benefits of Excluding Lands With HCPs
or Other Management Plans From
Critical Habitat
The benefits of excluding lands with
HCPs or other management plans from
critical habitat designation include
relieving landowners, communities, and
counties of any additional regulatory
burden that might be imposed by a
critical habitat designation. Most HCPs
and other conservation plans take many
years to develop and, upon completion,
are consistent with the recovery
objectives for listed species that are
covered within the plan area. Many
conservation plans also provide
conservation benefits to unlisted
sensitive species. Imposing an
additional regulatory review as a result
of the designation of critical habitat may
undermine these conservation efforts
and partnerships designed to
proactively protect species to ensure
that listing under the Act will not be
necessary. Designation of critical habitat
within the boundaries of management
plans that provide conservation
measures for a species could be viewed
as a disincentive to those entities
currently developing these plans or
contemplating them in the future,
because one of the incentives for
undertaking conservation is greater ease
of permitting where listed species are
affected. Addition of a new regulatory
requirement would remove a significant
incentive for undertaking the time and
expense of management planning. In
fact, designating critical habitat in areas
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covered by a pending HCP or
conservation plan could result in the
loss of some species’ benefits if
participants abandon the planning
process, in part because of the strength
of the perceived additional regulatory
compliance that such designation would
entail. The time and cost of regulatory
compliance for a critical habitat
designation do not have to be quantified
for them to be perceived as additional
Federal regulatory burden sufficient to
discourage continued participation in
plans targeting listed species’
conservation.
A related benefit of excluding lands
within management plans from critical
habitat designation is the unhindered,
continued ability to seek new
partnerships with future plan
participants including States, counties,
local jurisdictions, conservation
organizations, and private landowners,
which together can implement
conservation actions that we would be
unable to accomplish otherwise. If lands
within approved management plan
areas are designated as critical habitat,
it would likely have a negative effect on
our ability to establish new partnerships
to develop these plans, particularly
plans that address landscape-level
conservation of species and habitats. By
preemptively excluding these lands, we
preserve our current partnerships and
encourage additional conservation
actions in the future.
Exclusions Under Section 4(b)(2) of the
Act
After consideration under section
4(b)(2) of the Act, we are proposing to
exclude the following areas of habitat
from the critical habitat designation for
Piperia yadonii: 49 acres in Unit 4 and
100 acres in Unit 6. There are two
exclusions: One for areas proposed for
development under a conservation
agreement with Pebble Beach Company,
and the other for an area owned by the
Stevenson School.
The Pebble Beach Company has
submitted a conservation agreement for
its lands that are within P. yadonii
critical habitat units on the Monterey
Peninsula (Unit 6), and interior to the
Monterey Peninsula (Unit 4 and Unit 5).
We have considered this conservation
strategy in our designation and have
excluded from critical habitat
approximately 143 ac (58 ha) we had
proposed for critical habitat that are
currently owned and managed by the
Pebble Beach Company in subunits 4a,
4b, 6a, 6b, 6c, and 6e. We are also
excluding from the designation
approximately 6 ac (2 ha) owned by
Stevenson School on the Monterey
Peninsula. We believe that these areas
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are appropriate for exclusion under the
‘‘other relevant factor’’ provisions of
section 4(b)(2) of the Act. A detailed
analysis of our exclusion of these lands
under section 4(b)(2) of the Act is
provided in the paragraphs below.
Relationship of Critical Habitat to
Approved Management Plans—
Exclusions Under Section 4(b)(2) of the
Act
Pebble Beach Company Lands
A Memorandum of Understanding
between the Service and the Pebble
Beach Company serves as the
conservation agreement addressing
Piperia yadonii on Pebble Beach
Company (Company) lands. It identifies
different management strategies and
conservation benefits to P. yadonii,
depending on whether or not the
Company receives government
approvals for their proposed
development project. The conservation
agreement essentially summarizes and
commits the Company to the
preservation, management, avoidance,
minimization, and enhancement
measures for P. yadonii in the
Company’s Del Monte Forest
Preservation and Development Plan
(DMF/PDP) and the additional
mitigations included by the County of
Monterey in the 2005 FEIR (Monterey
County 2005), providing that the
Company receives local, State, and
Federal government agency approvals
for the development portion of their
proposed project. Almost all of the
Company lands in the Del Monte Forest
(Subunits 6a, 6b, 6c, and 6e), and Old
Capitol (Unit 5), that were proposed as
critical habitat were required to be
conserved as mitigation for
development in that planning process.
With these approvals, the conservation
agreement would provide a benefit to P.
yadonii that is beyond that of the FEIRdefined project, in that it includes the
Company’s commitment to preserve and
manage lands identified in the
conservation agreement in perpetuity,
superseding the provision described in
the FEIR that requires the County
Supervisors to decide on the need for
continued management after 20 years of
implementation (Monterey County 2005
(PRDEIR), p. P2–19). By including this
requirement, the conservation
agreement recognizes that management
activities, such as control of nonnative
species and recreational access, should
occur in perpetuity, given that the
effects of surrounding development
occur in perpetuity. The conservation
agreement references the FEIR and its
suite of actions designed to conserve P.
yadonii and offset adverse effects of
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proposed development on the species.
They include the Company’s
commitment to:
a. Preserve Monterey pine forest and
maritime chaparral habitat occupied by
Piperia yadonii, in the areas identified
as mitigation for Yadon’s piperia in the
FEIR and the County’s mitigation
conditions (Monterey County 2005);
b. Maintain the quality and acreage of
habitat occupied by Piperia yadonii
within the lands identified in (a), above,
through resource management;
c. Reduce the loss of Piperia yadonii
through siting and design of
development project components;
d. Reduce the direct and indirect
effects on extant Piperia yadonii
adjacent to development areas, through
staff education, and implementation of
protective measures addressing golf
course use, maintenance, and
construction;
e. Salvage and transplant Piperia
yadonii as described in the FEIR
(Monterey County 2005);
f. Enhance and expand occupied
habitat for Piperia yadonii on the lands
identified in (a) above, by convening an
Adaptive Management Team and
developing and implementing the
Piperia Plan and a program of
management-oriented research and
testing. The Piperia Plan would be
developed by a third-party consultant,
agreed to by the Service, and would
describe a scientifically sound,
coordinated approach to preservation,
enhancement, and management of P.
yadonii on the lands addressed in the
FEIR. Following the initial County
approvals, the Adaptive Management
Team convened, and the Pebble Beach
Company has begun funding a program
of management and enhancementoriented research for P. yadonii.
In June 2007, the California Coastal
Commission denied approval of a
Monterey County measure that was
needed for the Company to secure
project approvals. The eventual
outcome of this process is unknown. In
the absence of approvals on the current
project, the Company may pursue an
alternate project. The conservation
agreement describes alternate actions, in
the event that the Company’s project
does not receive government approvals.
Under the conservation agreement, if
they receive approvals for an alternative
project that lacks an 18-hole golf course,
the Company would preserve and
manage at least 511 ac (207 ha) of land
in the Del Monte Forest, Old Capitol
and Aguajito areas, as identified in the
conservation agreement exhibits. The
areas the Conservation Agreement
identifies for dedication include all
Company lands in designated critical
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habitat on the Del Monte Forest (in
Subunits 6a, 6b, 6c, and 6e) and at Old
Capitol (Unit 5), as well as designated
critical habitat at Aguajito (all of
Subunit 4a and half of Subunit 4b). The
conservation agreement allows some
flexibility in which specific parcels of
Monterey pine forest habitat will be
preserved. If the Pebble Beach Company
obtains approval for a future project, the
company will not begin developing any
area supporting P. yadonii until they
dedicate the lands to be preserved. The
conservation agreement includes no
time requirement on the dedications,
other than that they must occur prior to
development that would adversely
affect P. yadonii.
Under the conservation agreement,
the Company has committed to manage,
for the interim period until a future
project approval and dedication occur,
the lands they own that are designated
as critical habitat and identified as
future dedication areas in the
agreement. They will also manage Areas
N and O for the benefit of P. yadonii,
until the development approvals are
secured and the land dedication takes
place. Areas N and O are part of the
contiguous forested area known as
MNOUV, are adjacent to Subunit 6b,
and support abundant P. yadonii. The
management actions the Company will
carry out include removing nonnative
species from occupied P. yadonii
habitat; controlling runoff and erosion;
installing and maintaining vehicle
barriers to stop entrance into
populations; removing debris and
encampments from P. yadonii locations;
and educating landowners, utility
workers, and golf course personnel
about practices to reduce impacts to P.
yadonii. To improve the success of these
and other management actions, the
Company has also committed to
conduct management-oriented research
(not to exceed $25,000 annually), during
that interim period, similar to what the
Company has already begun through the
Adaptive Management Team. The
conservation agreement specifies that
the Company will fully fund, with a
written guarantee, the components of
the conservation agreement if a future
dedication of lands occurs.
The benefits of including lands in
critical habitat can be regulatory,
educational, or to aid in recovery of
species as generally discussed earlier in
this rule. In the case of Piperia yadonii
on the Monterey Peninsula, there may
be some Federal regulatory benefit to
the designation only if a Federal action
triggers a consultation under section 7
of the Act. The Federal nexus would
most likely occur due to either wetland
impacts in the Monterey pine forest that
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60431
require a Corps permit, or via a
consultation on an HCP that was
initiated for a listed animal species in
the Del Monte forest, such as the
California red-legged frog (Rana aurora
draytonii). To date, there have been no
consultations or HCPs that addressed P.
yadonii and its upland habitat in the Del
Monte forest. However, in a recent
Corps consultation on the California
red-legged frog, only wetland habitats
were addressed, and consideration of
impacts to adjacent upland habitat that
support P. yadonii were determined to
be beyond the scope of consultation.
The likelihood of future consultations or
HCPs would depend largely on the
configuration of future proposed
development that might adversely affect
the red-legged frog and trigger these
actions. However, because the Act does
not restrict the take of plants on private
lands, the likelihood of future HCPs
covering this species is low.
The educational benefits of critical
habitat in this case are relatively low for
most of the lands we are excluding,
because previous publications have
already identified and discussed their
importance to the conservation of
Piperia yadonii. The primary regulatory
agencies that have permitting authority
related to land use in this area are
Monterey County and the Coastal
Commission. These agencies and the
landowner are well aware of where the
P. yadonii and its Monterey pine forest
habitat occur, due to the publication of
the environmental impact statement for
the Pebble Beach Company’s DMF/PDP
(Monterey County 2005) and California
Coastal Commission staff reports on the
proposed project. Therefore, we believe
that the educational benefits that
inclusion of these lands would provide
for P. yadonii are relatively low.
Under the Gifford Pinchot decision,
critical habitat designations may
provide greater benefits to the recovery
of a species than was previously
believed. However, the protection
provided is still a limitation on the
adverse effects that may occur to
designated critical habitat, as opposed
to a requirement to affirmatively
provide a conservation benefit on those
lands. As outlined above, the Company
has committed to definite conservation
actions on lands covered under the
conservation agreement. Therefore, we
believe the benefits to recovery based on
inclusion of these lands in critical
habitat for Piperia yadonii are low.
Therefore, we find that because of the
agreement with Pebble Beach Company,
the benefits of including the excluded
Pebble Beach areas as critical habitat are
low. The conservation stipulated in the
agreement would likely not be
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forthcoming if these areas were
designated. Since the Act’s protection of
plants on private lands is low, the
Service believes that it will achieve
more conservation from this agreement
than it would from a critical habitat
designation on these lands.
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Benefits of Exclusion
Implementation of the conservation
agreement will provide benefits to P.
yadonii as discussed earlier. The
company has committed to manage P.
yadonii and its Monterey Forest habitat
and to conduct additional managementoriented research in areas identified for
conservation in the conservation
agreement until future approval of a
development project is obtained. Once a
future development project is approved,
the Company has agreed to permanently
preserve 511 acres of land on which P.
yadonii occurs and to provide
management of all conserved habitat
areas in perpetuity. Because the interim
management will be well-informed by
management-oriented research, we
expect it to promote the viability and
growth of P. yadonii populations during
the period prior to a future land
dedication.
Benefits of Exclusion Outweigh the
Benefits of Inclusion
The Pebble Beach Company
committed to the conservation measures
in the conservation agreement in
recognition that some of its lands will
not be designated as critical habitat
while others will. It is probable that the
Company would elect not to continue
with the conservation commitments if
the 143 acres to be excluded under
Section 4(b)(2) were included in the
final designation. We believe the
proactive management of P. yadonii and
its designated habitat provided under
the conservation agreement provides
significant benefits to this species that
would be foregone in the absence of
exclusion of the 143 acres. In contrast to
the important benefits to designated
habitat realized by exclusion of the 143
acres, the benefits of inclusion are, as
noted above, likely to be minor because
of the lack of a federal nexus that would
serve to trigger section 7 consultation
for projects affecting the 143 acres, and
because, even in situations where
consultation might occur, it would be
unlikely to result in proactive
management of the species and its
Monterey pine forest habitat. Even with
the exclusion of these lands, over 1,000
ac (405 ha) of critical habitat will still
be designated in Units 4, 5, and 6. Over
900 ac (364 ha) are in Unit 6 on the
Monterey Peninsula in the Del Monte
Forest.
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Further, because we have already
come to agreement about how to manage
the development at Pebble Beach and
avoid adverse impacts to the status of
the species, the further effort involved
in consultations or other regulatory
actions with respect to this site would
be unnecessary. Therefore, a benefit of
exclusion is avoiding additional
regulatory uncertainty and process.
In conclusion, we have evaluated the
potential regulatory and educational
benefits that would result from
inclusion of the 143 ac (58 ha) in
Subunits 4a, 4b, 6a, 6b, 6c, and 6e. We
have weighed these against the more
tangible conservation benefits that
would occur for the designated lands in
Units 4, 5, and 6 under the conservation
agreement and conclude that, due to the
configuration and size of the area
considered for exclusion, the large
acreage in Unit 6 that would still be
designated as critical habitat, and the
benefits that could accrue on those
designated lands under the conservation
agreement, the benefits of exclusion
outweigh the benefits of inclusion;
therefore, we are excluding the 143 ac
(58 ha) under section 4(b)(2) of the Act.
Exclusion Will Not Result in Extinction
of the Species
We do not believe that the exclusion
of the 143 ac (58 ha) from Units 4 and
6 based on the conservation agreement
from the final designation of critical
habitat will result in the extinction of P.
yadonii. Overall, this area represents
less than 15 percent of the proposed
designation in Units 4, 5, and 6, and
does not support the greatest
concentrations of plants or the highest
quality habitat of the lands we are
designating as critical habitat. In
addition, because the 143 acres we are
excluding from critical habitat are
occupied by P. yadonii, consultations
under Section 7 that involve these lands
will occur even in the absence of their
designation as critical habitat.
Application of the jeopardy standard of
section 7 of the Act also provides
assurances that the species will not go
extinct.
Relationship of Critical Habitat to Other
Lands—Exclusions Under Section
4(b)(2) of the Act
Stevenson School Property
Section 4(b)(2) of the Act allows the
Secretary to exclude areas from critical
habitat for economic reasons if the
Secretary determines that the benefits of
such exclusion exceed the benefits of
designating the area as critical habitat.
However, this exclusion cannot occur if
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it will result in the extinction of the
species concerned.
In making the following exclusion, we
have considered in general that all of
the costs and other impacts predicted in
the economic analysis might not be
avoided by this exclusion. This is
because the area in question is currently
occupied by P. yadonii and there will be
requirements for consultation under
section 7 of the Act. In conducting
economic analyses, we are guided by
the ruling in New Mexico Cattle Growers
Assn. v. U.S. Fish and Wildlife Service,
248F.3d 1285 (10th Cir 2001), which
directed us to consider all impacts
‘‘regardless of whether those impacts are
attributable co-extensively to other
causes.’’ As explained in the economic
analysis, due to possible overlapping
regulatory schemes and other reasons,
some elements of the analysis may also
overstate some costs.
Conversely, in Gifford Pinchot, the
court ruled that our regulations are
invalid because they define adverse
modification as affecting both survival
and recovery of a species. The court
directed us to consider that
determinations of adverse modification
should be focused on impacts to
recovery. Compliance with the court’s
direction may result in additional costs
associated with critical habitat
designation. In light of the New Mexico
Cattle Growers decision, our current
approach to conducting economic
analyses of our critical habitat
designations is to consider all
conservation-related costs. This
approach would include costs related to
sections 4, 7, and 10 of the Act, and
should encompass costs that we would
consider and evaluate in light of the
Gifford Pinchot ruling.
Application of Section 4(b)(2) of the
Act—Economic Exclusion of Stevenson
School Property
The Stevenson School is a non-profit,
non-sectarian, independent, K–12
school that owns approximately 6 ac
(2.4 ha) in unit 6a. The Stevenson
School has plans to develop a portion of
its campus (called the ‘‘Forested Area’’
in its Master Plan) into an athletic field.
The Master Plan for the Campus was
developed in the 1980s and submitted
to the Monterey County Board of
Supervisors in 1983. The Master Plan,
which includes plans for new
educational facilities, residence halls, as
well as athletic facilities, has been
implemented in stages since 1983.
Although the Stevenson School has not
developed the Forested Area yet, it has
stated that it intends to do so in the
future, as planned out in the Master
Plan. The Stevenson School currently
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uses a nearby athletic field owned by
the PBC called Collins Field. However,
the PBC can revoke this agreement at
any time. The Stevenson School plans
to develop the Forested Area according
to the timeline laid out in the Master
Plan to ensure its students are
guaranteed an additional on-campus
athletic field to use. If the PBC revokes
its agreement and the Stevenson School
cannot develop the Forested Area, the
alternatives, according to the Stevenson
School, include bussing students to an
alternative field or eliminating some
sports programs.
The final economic analysis identifies
estimated potential costs to the
Stevenson School could range from
$0.006 to $9.2 million (present value at
a three percent discount rate) over 20
years. At the low end of the range, the
Stevenson School may require a permit
from the U.S. Army Corps of Engineers
(ACOE) to comply with section 404 of
the Clean Water Act because the
Stevenson School property contains
drainages on the border that may be
considered waters of the United States.
If the Stevenson School designs its
athletic field in such a way that it would
impact the drainages, Federal nexus
resulting from the ACOE permitting of
the activity may require a section 7
consultation with the Service regarding
P. yadonii. The consultation would
result in administrative costs to the
Stevenson School of approximately
$5,579 (present value at a three percent
discount rate). At the upper end of the
range, economic impacts are the result
of the disutility cost of transporting
student athletes to the alternative field
during school hours plus the cost of
purchasing more buses and fuel, and
hiring more drivers. In addition, the
Stevenson School may lose other
benefits associated with the athletic
field; however, those benefits are
unknown and too hypothetical to
quantify. If the student athletes are
transported to the alternative field, the
total cost to the Stevenson School could
be as high as $9.2 million (present value
at a three percent discount rate) over the
next 20 years.
Benefits of Inclusion
The benefits of including lands in
critical habitat can be regulatory,
educational, or to aid in recovery of
species as generally discussed earlier in
this rule. In the case of P. yadonii on the
Stevenson School property, the Federal
nexus would most likely occur due to
either wetland impacts that require a
Corps permit, or via a consultation on
an HCP that was initiated for a listed
animal species. To date, there have been
no consultations or HCPs that addressed
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P. yadonii and its upland habitat. In a
recent Corps consultation on the
California red-legged frog, only wetland
habitats were addressed, and
consideration of impacts to adjacent
upland habitat that support P. yadonii
were determined to be beyond the scope
of consultation. The likelihood of future
consultations or HCPs would depend
largely on the configuration of future
proposed development that might
adversely affect the California redlegged frog and trigger these actions.
However, because the Act does not
restrict the take of plants on private
lands, the likelihood of future HCPs
covering this species is low. Therefore
we have determined that the regulatory
benefits of designating critical habitat
on the Stevenson School property
would be low.
Additionally, including the Stevenson
School parcel in critical habitat could
provide an educational benefit,
signaling the importance of those lands
to others, including the Coastal
Commission and the County of
Monterey. However, both of these
entities already recognize and consider
the importance of conserving sensitive
resources, including P. yadonii, in their
project review process and future
buildout on the Stevenson School parcel
would be subject to the requirements of
those agencies. Therefore, we have
determined that the educational benefits
of designating critical habitat on the
Stevenson School property would be
low.
The primary benefit of including an
area within a critical habitat designation
is the protection provided by section
7(a)(2) of the Act that directs Federal
agencies to ensure that their actions do
not result in the destruction or adverse
modification of critical habitat. The
designation of critical habitat may
provide a different level of protection
under section 7(a)(2) for P. yadonii that
is separate from the obligation of a
Federal agency to ensure that their
actions are not likely to jeopardize the
continued existence of a listed species.
Under the Gifford Pinchot decision,
critical habitat designations may
provide greater benefits to the recovery
of a species than was previously
believed, but it is not possible to
quantify this benefit at present.
However, the protection provided limits
adverse effects as opposed to a
requirement to provide a conservation
benefit.
Benefits of Exclusion
We believe that the benefits of
excluding the Stevenson School
property from the designation of critical
habitat—avoiding the potential
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60433
economic impacts predicted in the
economic analysis—exceed the
educational, regulatory, and recovery
benefits which could result from
including those lands in the designation
of critical habitat.
We have evaluated and considered
the potential economic costs on the
Stevenson School relative to the
potential benefit for P. yadonii and its
primary constituent elements that could
result from the designation of critical
habitat. We believe that the potential
economic impact of up to approximately
$9.2 million (undiscounted, over the
next 20 years) on the school
significantly outweighs the potential
conservation and protective benefits for
the species and its primary constituent
elements derived from the potential
restrictions as a result of this
designation on educational facilities
constructed on this site.
We believe that excluding the
Stevenson School property, and thus
relieving the school of additional costs
that would result from compliance with
the designation, will allow the School
the flexibility to plan for the best use of
their lands for the educational benefits
of their students. We therefore find that
the benefits of excluding these areas
from the designation of critical habitat
outweigh the benefits of including them
in the designation.
Exclusion Will Not Result in Extinction
of the Species
We do not believe that the exclusion
of the 6 ac (2.4 ha) from subunit 6a will
result in the extinction of P. yadonii.
Overall, this area represents less than
0.5 percent of the proposed designation
in Unit 6, and does not support the
greatest concentrations of plants or the
highest quality habitat of the lands we
are designating as critical habitat. In
addition, because the 6 ac (2.4 ha) we
are excluding from critical habitat are
occupied by P. yadonii, if a Federal
nexus is present, consultations under
Section 7 that involve these lands may
occur even in the absence of their
designation as critical habitat.
Application of the jeopardy standard of
section 7 of the Act, if consultation
occurs, also provides assurances that the
species will not go extinct.
Economic Analysis
Section 4(b)(2) of the Act requires us
to designate critical habitat on the basis
of the best scientific information
available and to consider the economic
and other relevant impacts of
designating a particular area as critical
habitat. We may exclude areas from
critical habitat upon a determination
that the benefits of such exclusions
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outweigh the benefits of specifying such
areas as critical habitat. We cannot
exclude such areas from critical habitat
when such exclusion will result in the
extinction of the species concerned.
Following the publication of the
proposed critical habitat designation,
we conducted an economic analysis to
estimate the potential economic effects
of the designation. The draft analysis
was made available for public review on
August 7, 2007 (72 FR 44069). We
accepted comments on the draft analysis
until September 6, 2007. Following the
close of the comment period, we
reviewed and considered the public
comments and information we received
and prepared responses to those
comments (see Responses to Comments
section above) or incorporated the
information or changes directly into this
final rule or our final economic analysis.
The primary purpose of the economic
analysis is to estimate the potential
economic impacts associated with the
designation of critical habitat for Piperia
yadonii. This information is intended to
assist the Secretary in making decisions
about whether the benefits of excluding
particular areas from the designation
outweigh the benefits of including those
areas in the designation. This economic
analysis considers the economic
efficiency effects that may result from
the designation, including habitat
protections that may be co-extensive
with the listing of the species. It also
addresses distribution of impacts,
including an assessment of the potential
effects on small entities and the energy
industry. This information can be used
by the Secretary to assess whether the
effects of the designation might unduly
burden a particular group or economic
sector.
The final economic analysis attempts
to isolate those direct and indirect
impacts that are expected to be triggered
specifically by the critical habitat
designation. That is, the incremental
conservation efforts and associated
impacts included in this appendix
would not be expected to occur absent
the designation of critical habitat for the
species.
The proposed rule may impact two
landowners, the Pebble Beach Company
(PBC), and the Stevenson School.
Incremental impacts to PBC are
estimated to range from $0 to $2.6
million, depending on the scenarios
described in section V of this analysis.
The Stevenson School may bear
incremental administrative impacts as a
result of addressing adverse
modification in section 7 consultation.
The Stevenson School may bear
additional incremental impacts
associated with the modifications that
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may be placed on the project to address
adverse modification, but these project
modifications are too hypothetical to
quantify. The remaining impacts
quantified in the report, which are
discussed below, are expected to occur
regardless of the designation of critical
habitat.
Coextensive Future Impacts: The
economic analysis forecasts future
coextensive impacts associated with
conservation efforts for the piperia
within areas of proposed critical habitat
to range from $6.6 to $16.1 million
(present value at a three percent
discount rate) over the next 20 years
($0.43 to $1.0 million annualized).
Impacts to PBC, and the Stevenson
School comprise the majority of the
total quantified impacts in the areas of
proposed critical habitat.
• Pebble Beach Company: PBC,
which manages land in units 4a, 4b, 5,
6a, 6b, 6c, and 6e, has implemented
management techniques designed to
conserve the piperia and its habitat.
Efforts include ongoing open space
management and maintenance, golf
course and residential area management
and maintenance, site clean up and
restoration, and monitoring and
patrolling. As a result, total impacts to
the Pebble Beach Company of protecting
and restoring the piperia habitat are $5.5
million (present value at a three percent
discount rate) over 20 years.
• Stevenson School: The Stevenson
School, which owns land in unit 6a,
plans to develop an area of proposed
critical habitat into an athletic field in
the future. Currently, the Stevenson
School is in an agreement to use a field
owned by the PBC, but an approved
PBC development plan will eliminate
the School’s ability to use the PBC field.
If the Stevenson School cannot develop
the field, the School would have to
transport student athletes to an
alternative off-campus site. If the
Stevenson School can develop the field,
section 7 of the ESA will likely apply
because of the Clean Water Act, which
will trigger a federal nexus, and require
the ACOE to consult with the Service,
leading to administrative costs to the
Stevenson School. After the designation
of critical habitat, the outcome of the
biological opinion from the section 7
consultation may be more costly due to
additional measures to address the
potential for adverse modification of
critical habitat. As a result, the potential
economic impacts to the Stevenson
School could range from $0.006 to $9.2
million (present value at a three percent
discount rate) over 20 years.
We evaluated the potential economic
impact of this designation as identified
in the draft analysis. Based on this
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evaluation, we have excluded Stevenson
School for economic reasons. We have
also excluded Pebble Beach Company
lands for conservation partnership
reasons.
A copy of the final economic analyses
with supporting documents are
included in our administrative record
and may be obtained by contacting U.S.
Fish and Wildlife Service, Branch of
Endangered Species (see ADDRESSES
section) or for downloading from the
Internet at https://www.fws.gov/ventura.
Required Determinations
Regulatory Planning and Review
In accordance with Executive Order
12866, this document is a significant
rule in that it may raise novel legal and
policy issues, but will not have an
annual effect on the economy of $100
million or more or affect the economy
in a material way. Due to the tight
timeline for publication in the Federal
Register, the Office of Management and
Budget (OMB) has not formally
reviewed this rule. As explained above,
we prepared an economic analysis of
this action. We used this analysis to
meet the requirement of section 4(b)(2)
of the Act to determine the economic
consequences of designating the specific
areas as critical habitat. We also used it
to help determine whether to exclude
any area from critical habitat, as
provided for under section 4(b)(2), if we
determine that the benefits of such
exclusion outweigh the benefits of
specifying such area as part of the
critical habitat, unless we determine,
based on the best scientific data
available, that the failure to designate
such area as critical habitat will result
in the extinction of the species.
Further, E.O. 12866 directs Federal
agencies promulgating regulations to
evaluate regulatory alternatives (OMB
Circular A–4, September 17, 2003).
Under Circular A–4, once an agency
determines that the Federal regulatory
action is appropriate, the agency must
consider alternative regulatory
approaches. Because the determination
of critical habitat is a statutory
requirement under the Act, we must
evaluate alternative regulatory
approaches, where feasible, when
promulgating a designation of critical
habitat.
In developing our designations of
critical habitat, we consider economic
impacts, impacts to national security,
and other relevant impacts under
section 4(b)(2) of the Act. Based on the
discretion allowable under this
provision, we may exclude any
particular area from the designation of
critical habitat providing that the
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benefits of such exclusion outweigh the
benefits of specifying the area as critical
habitat and that such exclusion would
not result in the extinction of the
species. As such, we believe that the
evaluation of the inclusion or exclusion
of particular areas, or a combination of
both, constitutes our regulatory
alternative analysis for designations.
Regulatory Flexibility Act (5 U.S.C. 601
et seq.)
Under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq., as amended by the
Small Business Regulatory Enforcement
Fairness Act (SBREFA) of 1996),
whenever an agency is required to
publish a notice of rulemaking for any
proposed or final rule, it must prepare
and make available for public comment
a regulatory flexibility analysis that
describes the effects of the rule on small
entities (i.e., small businesses, small
organizations, and small government
jurisdictions). However, no regulatory
flexibility analysis is required if the
head of the agency certifies the rule will
not have a significant economic impact
on a substantial number of small
entities. The SBREFA amended the
Regulatory Flexibility Act (RFA) to
require Federal agencies to provide a
statement of the factual basis for
certifying that the rule will not have a
significant economic impact on a
substantial number of small entities.
Small entities include small
organizations, such as independent
nonprofit organizations; small
governmental jurisdictions, including
school boards and city and town
governments that serve fewer than
50,000 residents; as well as small
businesses. Small businesses include
manufacturing and mining concerns
with fewer than 500 employees,
wholesale trade entities with fewer than
100 employees, retail and service
businesses with less than $5 million in
annual sales, general and heavy
construction businesses with less than
$27.5 million in annual business,
special trade contractors doing less than
$11.5 million in annual business, and
agricultural businesses with annual
sales less than $750,000. To determine
if potential economic impacts to these
small entities are significant, we
consider the types of activities that
might trigger regulatory impacts under
this rule, as well as the types of project
modifications that may result. In
general, the term ‘‘significant economic
impact’’ is meant to apply to a typical
small business firm’s business
operations.
To determine if the rule could
significantly affect a substantial number
of small entities, we consider the
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number of small entities affected within
particular types of economic activities
(e.g., housing development, grazing, oil
and gas production, timber harvesting).
We apply the ‘‘substantial number’’ test
individually to each industry to
determine if certification is appropriate.
However, the SBREFA does not
explicitly define ‘‘substantial number’’
or ‘‘significant economic impact.’’
Consequently, to assess whether a
‘‘substantial number’’ of small entities is
affected by this designation, this
analysis considers the relative number
of small entities likely to be impacted in
an area. In some circumstances,
especially with critical habitat
designations of limited extent, we may
aggregate across all industries and
consider whether the total number of
small entities affected is substantial. In
estimating the number of small entities
potentially affected, we also consider
whether their activities have any
Federal involvement.
Designation of critical habitat only
affects activities conducted, funded, or
permitted by Federal agencies. Some
kinds of activities are unlikely to have
any Federal involvement and so will not
be affected by critical habitat
designation. In areas where the species
is present, Federal agencies already are
required to consult with us under
section 7(a)(2) of the Act on activities
they fund, permit, or implement that
may affect Piperia yadonii. Federal
agencies also must consult with us if
their activities may affect critical
habitat. Designation of critical habitat,
therefore, could result in an additional
economic impact on small entities due
to the requirement to reinitiate
consultation for ongoing Federal
activities.
To determine if the proposed
designation of critical habitat for Piperia
yadonii would affect a substantial
number of small entities, we considered
the number of small entities affected
within particular types of economic
activities (e.g., residential and
commercial development). There is only
one entity that qualifies as a small entity
under SBRFA, the Stevenson School.
The economic impacts to the Stevenson
School are presented as a range, with
the upper end of the range calculated
under the assumption that the
Stevenson School cannot develop the
athletic field and the lower end of the
range calculated under the assumption
that the Stevenson School can develop
the athletic field and thereby impacted
by the administrative costs of section 7
consultation. The potential economic
impacts to the Stevenson School could
range from $0.006 to $9.2 million
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60435
present value at a three percent discount
rate) over 20 years.
These impacts are attributed to the
presence of the piperia in the Forested
Area, not to the proposed rule. The
incremental impacts are therefore only
those expected to result from
considering adverse modification in
addition to jeopardy in the case that
consultation occurs for the project
($1,335, present value at a three percent
discount rate). Project modifications
that may be placed on the project to
address adverse modification could add
additional costs to the Stevenson
School. We have excluded the
Stevenson School in the final rule, so
these impacts will not occur as a result
of this designation. Therefore we certify
that this rule will not have a significant
economic impact on a substantial
number of small business entities.
Executive Order 13211
On May 18, 2001, the President issued
an Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’. Executive Order
13211 requires agencies to prepare
Statements of Energy Effects when
undertaking certain actions. While this
final rule to designate critical habitat for
Piperia yadonii is a significant
regulatory action under Executive Order
12866 in that it may raise novel legal
and policy issues, our economic
analysis determined that it is not
expected to significantly affect energy
supplies, distribution, or use. Therefore,
this action is not a significant energy
action, and no Statement of Energy
Effects is required.
Unfunded Mandates Reform Act (2
U.S.C. 1501 et seq.)
In accordance with the Unfunded
Mandates Reform Act (2 U.S.C. 1501),
the Service makes the following
findings:
(a) This rule will not produce a
Federal mandate. In general, a Federal
mandate is a provision in legislation,
statute, or regulation that would impose
an enforceable duty upon State, local,
tribal governments, or the private sector
and includes both ‘‘Federal
intergovernmental mandates’’ and
‘‘Federal private sector mandates.’’
These terms are defined in 2 U.S.C.
658(5)–(7). ‘‘Federal intergovernmental
mandate’’ includes a regulation that
‘‘would impose an enforceable duty
upon State, local, or tribal governments’’
with two exceptions. It excludes ‘‘a
condition of Federal assistance.’’ It also
excludes ‘‘a duty arising from
participation in a voluntary Federal
program,’’ unless the regulation ‘‘relates
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to a then-existing Federal program
under which $500,000,000 or more is
provided annually to State, local, and
tribal governments under entitlement
authority,’’ if the provision would
‘‘increase the stringency of conditions of
assistance’’ or ‘‘place caps upon, or
otherwise decrease, the Federal
Government’s responsibility to provide
funding,’’ and the State, local, or tribal
governments ‘‘lack authority’’ to adjust
accordingly. At the time of enactment,
these entitlement programs were:
Medicaid; AFDC work programs; Child
Nutrition; Food Stamps; Social Services
Block Grants; Vocational Rehabilitation
State Grants; Foster Care, Adoption
Assistance, and Independent Living;
Family Support Welfare Services; and
Child Support Enforcement. ‘‘Federal
private sector mandate’’ includes a
regulation that ‘‘would impose an
enforceable duty upon the private
sector, except (i) a condition of Federal
assistance or (ii) a duty arising from
participation in a voluntary Federal
program.’’
The designation of critical habitat
does not impose a legally binding duty
on non-Federal government entities or
private parties. Under the Act, the only
regulatory effect is that Federal agencies
must ensure that their actions do not
destroy or adversely modify critical
habitat under section 7. While nonFederal entities that receive Federal
funding, assistance, or permits, or that
otherwise require approval or
authorization from a Federal agency for
an action, may be indirectly impacted
by the designation of critical habitat, the
legally binding duty to avoid
destruction or adverse modification of
critical habitat rests squarely on the
Federal agency. Furthermore, to the
extent that non-Federal entities are
indirectly impacted because they
receive Federal assistance or participate
in a voluntary Federal aid program, the
Unfunded Mandates Reform Act would
not apply; nor would critical habitat
shift the costs of the large entitlement
programs listed above on to State
governments.
(b) We do not believe that this rule
will significantly or uniquely affect
small governments because only 0.9
percent (19 ac/8 ha) of the total critical
habitat designation for Piperia yadonii
is owned by a small government entity,
the City of Pacific Grove. Furthermore,
a large portion of these lands are
designated as parks or open space and
are managed at least in part for
conservation of natural resources. As
such, a Small Government Agency Plan
is not required.
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Takings
In accordance with Executive Order
12630 (‘‘Government Actions and
Interference with Constitutionally
Protected Private Property Rights’’), we
have analyzed the potential takings
implications of designating critical
habitat for Piperia yadonii in a takings
implication assessment. The takings
implications assessment concludes that
this final designation of critical habitat
for P. yadonii does not pose significant
takings implications.
Federalism
In accordance with Executive Order
13132, the rule does not have significant
Federalism effects. A Federalism
assessment is not required. In keeping
with DOI policy, we requested
information from, and coordinated
development of, this critical habitat
designation with appropriate State
resource agencies in California. A large
portion of these lands are designated as
parks or open space and are managed at
least in part for conservation of natural
resources and a small proportion (0.9
percent) occurs within the jurisdiction
of a single small government entity. The
designation may have some benefit to
these governments in that the areas that
contain the features essential to the
conservation of the species are more
clearly defined, and the primary
constituent elements of the habitat
necessary to the conservation of the
species are specifically identified. While
making this definition and
identification does not alter where and
what federally sponsored activities may
occur, it may assist these local
governments in long-range planning
(rather than waiting for case-by-case
section 7 consultations to occur).
Civil Justice Reform
In accordance with Executive Order
12988, the Office of the Solicitor has
determined that the rule does not
unduly burden the judicial system and
meets the requirements of sections 3(a)
and 3(b)(2) of the Order. We are
designating critical habitat in
accordance with the provisions of the
Act. This final rule uses standard
property descriptions and identifies the
primary constituent elements within the
designated areas to assist the public in
understanding the habitat needs of
Piperia yadonii.
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.)
This rule does not contain any new
collections of information that require
approval by OMB under the Paperwork
Reduction Act. This rule will not
impose recordkeeping or reporting
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requirements on State or local
governments, individuals, businesses, or
organizations. An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
National Environmental Policy Act
(NEPA) (42 U.S.C. 4321 et. seq.)
It is our position that, outside the
Tenth Federal Circuit, we do not need
to prepare environmental analyses as
defined by the NEPA in connection with
designating critical habitat under the
Act. We published a notice outlining
our reasons for this determination in the
Federal Register on October 25, 1983
(48 FR 49244). This assertion was
upheld in the courts of the Ninth Circuit
Court of Appeals (Douglas County v.
Babbitt, 48 F.3d 1495 (9th Cir. Ore.
1995), cert. denied 116 S. Ct. 698 (1996).
Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
With Native American Tribal
Governments’’ (59 FR 22951), Executive
Order 13175, and the Department of the
Interior’s manual at 512 DM 2, we
readily acknowledge our responsibility
to communicate meaningfully with
recognized Federal Tribes on a
government-to-government basis. We
have determined that there are no Tribal
lands occupied at the time of listing or
currently that contain the features
essential for the conservation of Piperia
yadonii and no Tribal lands that are
unoccupied that are essential for the
conservation of P. yadonii. Therefore,
critical habitat for P. yadonii has not
been proposed for designation on Tribal
lands.
References Cited
A complete list of all references cited
in this rulemaking is available upon
request from the Field Supervisor,
Ventura Fish and Wildlife Office (see
ADDRESSES section).
Author(s)
The primary author of this package is
the Ventura Fish and Wildlife Office
(see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Regulation Promulgation
Accordingly, we amend part 17,
subchapter B of chapter I, title 50 of the
I
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Code of Federal Regulations, as set forth
below:
PART 17—[AMENDED]
Authority: 16 U.S.C. 1361–1407; 16 U.S.C.
1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–
625, 100 Stat. 3500; unless otherwise noted.
*
1. The authority citation for part 17
continues to read as follows:
Species
Common name
Historic
range
*
Yadon’s piperia .......
*
U.S.A (CA) ..............
Family
Endangered and threatened plants.
*
*
*
*
(h) * * *
2. In § 17.12(h), revise the entry for
‘‘Piperia yadonii’’ under ‘‘FLOWERING
PLANTS’’ to read as follows:
I
I
Scientific name
§ 17.12
Status
When
listed
Critical
habitat
Special
rules
FLOWERING
PLANTS
*
Piperia yadonii .........
*
*
*
3. In § 17.96(a), amend paragraph (a)
by adding in alphabetical order an entry
for Family Orchidaceae consisting of
Piperia yadonii to read as follows:
I
§ 17.96
Critical habitat—plants.
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(a) Flowering plants.
*
*
*
*
*
Family Orchidaceae: Piperia yadonii
(Yadon’s piperia)
(1) Critical habitat units are depicted
for Monterey County, California, on the
maps below.
(2) The primary constituent elements
of critical habitat for Piperia yadonii are
the habitat components that provide:
(i) A vegetation structure providing
filtered sunlight on sandy soils:
(A) Coastal pine forest (primarily
Monterey pine) with a canopy coverof
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*
Orchidaceae
(Orchid)
Jkt 214001
*
*
E
*
20 to 70 percent, and a sparse
herbaceous understory on Baywood
sands, Narlon loamy fine sands,
Sheridan coarse sandy loams, Tangair
fine sands, Santa Lucia shaly clay loams
and Chamise shaley clay loams
underlain by a hardpan; or
(B) Maritime chaparral ridges with
dwarfed shrubs (primarily Hooker’s
manzanita) on Reliz shaly clay loams,
Sheridan sandy loams, Narlon sandy
loams, Arnold loamy sands and soils in
the Junipero–Sur complex, Rock
Outcrop–Xerorthents Association, and
Arnold–Santa Ynez complex, often
underlain by rock outcroppings.
(ii) Presence of nocturnal, shorttongued moths in the families Pyralidae,
Geometridae, Noctuidae, and
Pterophoridae.
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*
1998
Sfmt 4700
*
*
17.96(a)
NA
*
(3) Critical habitat does not include
manmade structures (such as buildings,
aqueducts, runways, roads, and other
paved areas) and the land on which they
are located existing within the legal
boundaries on the effective date of this
rule.
(4) Critical Habitat Map Units—Data
layers defining map units were created
on base maps using aerial imagery from
the National Agricultural Imagery
Program; aerial imagery captured June
2005. Data were project to Universal
Transverse Mercator (UTM) zone 10,
North American Datum (NAD) 1983.
(5) Note: Index map of critical habitat
for Piperia yadonii (Map 1) follows:
BILLING CODE 4310–55–P
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(6) Unit 1: Blohm Ranch, Monterey
County, California.
(i) Subunit 1a: From USGS 1:24,000
scale quadrangle Prunedale. Land
bounded by the following UTM Zone
10, NAD83 coordinates (E, N): 611901,
4079098; 611902, 4079137; 611917,
4079156; 611974, 4079198; 612002,
4079216; 612037, 4079247; 612049,
4079272; 612042, 4079293; 611982,
4079311; 611952, 4079324; 611943,
4079354; 611929, 4079419; 611930,
4079454; 611972, 4079486; 611987,
4079543; 612012, 4079583; 612011,
4079594; 612038, 4079619; 612190,
4079608; 612190, 4079539; 612216,
4079511; 612324, 4079491; 612343,
4079504; 612387, 4079471; 612456,
4079471; 612514, 4079509; 612558,
4079614; 612558, 4079724; 612489,
4079761; 612455, 4079807; 612459,
4079821; 612511, 4079847; 612550,
4079852; 612589, 4079847; 612625,
4079832; 612654, 4079812; 612673,
4079796; 612655, 4079782; 612630,
4079752; 612603, 4079744; 612647,
4079619; 612734, 4079691; 612754,
4079691; 612762, 4079710; 612785,
4079745; 612846, 4079723; 612827,
4079702; 612815, 4079690; 612804,
4079670; 612797, 4079645; 612795,
4079611; 612746, 4079599; 612716,
4079588; 612674, 4079586; 612655,
4079569; 612683, 4079496; 612666,
4079450; 612629, 4079411; 612638,
4079375; 612651, 4079353; 612661,
4079323; 612665, 4079286; 612624,
4079249; 612624, 4079222; 612635,
4079209; 612646, 4079194; 612662,
4079183; 612713, 4079155; 612682,
4079133; 612642, 4079112; 612585,
4079109; 612530, 4079112; 612521,
4079147; 612509, 4079197; 612576,
4079313; 612588, 4079337; 612589,
4079337; 612580, 4079358; 612579,
4079358; 612563, 4079371; 612537,
4079381; 612497, 4079398; 612474,
4079403; 612398, 4079417; 612367,
4079417; 612350, 4079399; 612346,
4079383; 612357, 4079360; 612369,
4079340; 612383, 4079316; 612395,
4079275; 612390, 4079255; 612380,
4079233; 612350, 4079218; 612286,
4079200; 612233, 4079178; 612196,
4079184; 612165, 4079184; 612143,
4079168; 612128, 4079150; 612128,
4079119; 612127, 4079094; 611959,
4078999; 611958, 4078999; 611931,
4079027; 611911, 4079061; returning to
611901, 4079098.
(ii) Subunit 1b: From USGS 1:24,000
scale quadrangle Prunedale. Land
bounded by the following UTM Zone
10, NAD83 coordinates (E, N): 611998,
4078651; 611999, 4078664; 611999,
4078665; 612044, 4078765; 612187,
4078803; 612213, 4078825; 612254,
4078844; 612284, 4078853; 612336,
4078871; 612385, 4078907; 612423,
VerDate Aug<31>2005
15:37 Oct 23, 2007
Jkt 214001
4078925; 612458, 4078940; 612479,
4078947; 612520, 4078956; 612604,
4078959; 612662, 4078959; 612704,
4078960; 612812, 4078958; 612850,
4078951; 612897, 4078953; 612988,
4078967; 613045, 4078913; 613060,
4078936; 613099, 4078949; 613101,
4078961; 613094, 4078978; 613084,
4079005; 613073, 4079060; 613062,
4079129; 613051, 4079222; 613044,
4079306; 613056, 4079376; 613064,
4079397; 613082, 4079431; 613099,
4079501; 613130, 4079602; 613168,
4079601; 613177, 4079580; 613180,
4079551; 613198, 4079533; 613212,
4079488; 613220, 4079438; 613212,
4079355; 613203, 4079303; 613176,
4079297; 613165, 4079281; 613166,
4079253; 613195, 4079224; 613195,
4079212; 613176, 4079198; 613174,
4079174; 613177, 4079155; 613196,
4079139; 613205, 4079091; 613208,
4079041; 613195, 4078982; 613186,
4078964; 613182, 4078941; 613177,
4078906; 613172, 4078906; 613162,
4078914; 613153, 4078927; 613130,
4078938; 613103, 4078930; 613086,
4078918; 613073, 4078906; 613061,
4078885; 613061, 4078882; 612802,
4078842; 612765, 4078826; 612627,
4078767; 612606, 4078767; 612578,
4078759; 612552, 4078744; 612445,
4078722; 612278, 4078704; 612253,
4078701; 612170, 4078702; 612124,
4078719; 612110, 4078724; 612055,
4078722; 612071, 4078638; returning to
611998, 4078651.
(iii) Note: Unit 1 is depicted on Map
2 in paragraph (9)(iv) of this entry.
(7) [Reserved]
(8) Unit 2: Manzanita Park, Monterey
County, California.
(i) Subunit 2a: From USGS 1:24,000
scale quadrangle Prunedale. Land
bounded by the following UTM Zone
10, NAD83 coordinates (E, N): 615541,
4076005; 615651, 4076047; 615859,
4076125; 616111, 4076311; 616209,
4076287; 616278, 4076318; 616316,
4076335; 616416, 4076435; 616503,
4076520; 616659, 4076565; 616566,
4076763; 616534, 4076874; 616515,
4076874; 616454, 4077003; 616562,
4077020; 616677, 4077028; 616820,
4077021; 616876, 4077008; 616925,
4076975; 617013, 4076959; 617053,
4076962; 617137, 4077017; 617176,
4077025; 617224, 4077020; 617259,
4077038; 617271, 4077094; 617286,
4077095; 617333, 4077097; 617481,
4077105; 617482, 4077105; 617488,
4076972; 617540, 4076890; 617565,
4076771; 617594, 4076701; 617703,
4076645; 617728, 4076486; 617830,
4076204; 617787, 4076190; 617729,
4076197; 617671, 4076233; 617643,
4076273; 617579, 4076433; 617565,
4076533; 617468, 4076615; 617445,
4076631; 617435, 4076657; 617402,
PO 00000
Frm 00031
Fmt 4701
Sfmt 4700
60439
4076656; 617361, 4076620; 617305,
4076601; 617309, 4076551; 617377,
4076484; 617396, 4076450; 617407,
4076402; 617403, 4076354; 617377,
4076301; 617341, 4076268; 617287,
4076245; 617229, 4076245; 617167,
4076273; 617079, 4076356; 616934,
4076322; 616910, 4076259; 616884,
4076229; 616851, 4076207; 616814,
4076195; 616775, 4076192; 616737,
4076200; 616702, 4076217; 616655,
4076267; 616599, 4076383; 616511,
4076307; 616465, 4076283; 616430,
4076225; 616388, 4076189; 616213,
4076130; 616160, 4076127; 616111,
4076139; 616092, 4076133; 615967,
4076012; 615897, 4075959; 615835,
4075931; 615776, 4075922; 615706,
4075898; 615620, 4075896; 615575,
4075879; returning to 615541, 4076005.
(ii) Subunit 2b: From USGS 1:24,000
scale quadrangle Prunedale. Land
bounded by the following UTM Zone
10, NAD83 coordinates (E, N): 616488,
4074150; 616505, 4074167; 616533,
4074172; 616573, 4074209; 616573,
4074219; 616555, 4074267; 616557,
4074347; 616567, 4074401; 616736,
4074502; 616746, 4074512; 616760,
4074521; 616779, 4074536; 616804,
4074543; 616826, 4074543; 616853,
4074543; 616876, 4074540; 616890,
4074537; 616915, 4074552; 616943,
4074575; 617092, 4074595; 617327,
4074410; 617348, 4074387; 617367,
4074354; 617374, 4074335; 617379,
4074301; 617380, 4074258; 617379,
4074219; 617379, 4074218; 617346,
4074185; 617298, 4074145; 617219,
4074073; 617199, 4074072; 617186,
4074083; 617159, 4074076; 617134,
4074069; 617131, 4074058; 617114,
4074034; 616994, 4073984; 616944,
4073991; 616918, 4074001; 616981,
4074157; 617003, 4074188; 616891,
4074250; 616860, 4074246; 616845,
4074178; 616845, 4074160; 616853,
4074117; 616747, 4074137; 616712,
4074146; 616701, 4074171; 616673,
4074179; 616646, 4074104; 616652,
4074081; 616642, 4074056; 616620,
4074046; 616591, 4074041; 616568,
4074035; 616546, 4074023; 616532,
4074006; 616531, 4074006; 616490,
4074054; returning to 616488, 4074150.
(iii) Subunit 2c: From USGS 1:24,000
scale quadrangle Prunedale. Land
bounded by the following UTM Zone
10, NAD83 coordinates (E, N): 616931,
4073371; 616936, 4073410; 616951,
4073446; 616975, 4073477; 617003,
4073500; 617077, 4073542; 617094,
4073556; 617142, 4073581; 617382,
4073670; 617411, 4073676; 617450,
4073676; 617435, 4073712; 617512,
4073743; 617549, 4073763; 617598,
4073810; 617636, 4073830; 617694,
4073860; 617739, 4073865; 617774,
4073887; 617847, 4073880; 617879,
E:\FR\FM\24OCR2.SGM
24OCR2
60440
Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations
yshivers on PROD1PC62 with RULES2
4073885; 617960, 4073894; 618016,
4073916; 618064, 4073947; 618117,
4073965; 618279, 4073927; 618244,
4074007; 618138, 4074038; 618106,
4074053; 618104, 4074059; 618103,
4074108; 618076, 4074150; 618071,
4074184; 618081, 4074204; 618095,
4074224; 618117, 4074247; 618176,
4074299; 618229, 4074318; 618261,
4074316; 618307, 4074300; 618370,
4074293; 618407, 4074278; 618448,
4074248; 618468, 4074227; 618507,
4074173; 618519, 4074146; 618533,
4074088; 618553, 4074051; 618566,
4074011; 618572, 4073986; 618574,
4073952; 618568, 4073913; 618533,
4073788; 618521, 4073761; 618495,
4073722; 618496, 4073601; 618482,
4073567; 618369, 4073570; 618365,
4073277; 618364, 4073029; 618261,
4072958; 618212, 4072996; 618157,
4073061; 618131, 4073086; 618090,
4073147; 618078, 4073173; 618064,
4073256; 618067, 4073314; 618081,
4073377; 618072, 4073413; 618044,
4073404; 618015, 4073401; 617985,
4073404; 617957, 4073413; 617931,
4073426; 617902, 4073452; 617885,
4073476; 617873, 4073501; 617927,
4073549; 618040, 4073586; 618063,
4073730; 618123, 4073826; 618134,
4073831; 618168, 4073834; 618228,
VerDate Aug<31>2005
15:37 Oct 23, 2007
Jkt 214001
4073818; 618235, 4073822; 618191,
4073875; 618082, 4073823; 618062,
4073827; 618042, 4073815; 618025,
4073781; 617967, 4073798; 617970,
4073818; 617934, 4073823; 617913,
4073790; 617874, 4073780; 617778,
4073781; 617786, 4073711; 617701,
4073663; 617644, 4073637; 617551,
4073622; 617545, 4073563; 617491,
4073517; 617470, 4073382; 617262,
4073305; 617237, 4073287; 617138,
4073233; 617100, 4073222; 617071,
4073221; 617032, 4073229; 616997,
4073246; 616968, 4073272; 616946,
4073305; 616934, 4073342; returning to
616931, 4073371.
(iv) Note: Unit 2 is depicted on Map
2 in paragraph (9)(iv) of this entry.
(9) Unit 3: Vierra Canyon, Monterey
County, California.
(i) Subunit 3a: From USGS 1:24,000
scale quadrangle Prunedale. Land
bounded by the following UTM Zone
10, NAD83 coordinates (E, N): 618886,
4071622; 618896, 4071742; 619157,
4071722; 619431, 4071664; 619441,
4071576; 619441, 4071573; 619385,
4071569; 619171, 4071553; 619166,
4071601; 618901, 4071615; 618892,
4071615; returning to 618886, 4071622.
(ii) Subunit 3b: From USGS 1:24,000
scale quadrangle Prunedale. Land
bounded by the following UTM Zone
PO 00000
Frm 00032
Fmt 4701
Sfmt 4700
10, NAD83 coordinates (E, N): 620707,
4073069; 620865, 4073146; 620890,
4073140; 620917, 4073128; 620941,
4073111; 620961, 4073089; 620977,
4073064; 620987, 4073037; 620992,
4072992; 620897, 4072908; 620886,
4072879; 620778, 4072930; 620784,
4072971; 620736, 4072950; 620709,
4072963; returning to 620707, 4073069.
(iii) Subunit Unit 3c: From USGS
1:24,000 scale quadrangle Prunedale.
Land bounded by the following UTM
Zone 10, NAD83 coordinates (E, N):
620984, 4073724; 621030, 4073752;
620987, 4073916; 620997, 4073968;
620996, 4073974; 621079, 4074094;
621133, 4074174; 621144, 4074209;
621084, 4074270; 621123, 4074335;
621127, 4074380; 621146, 4074396;
621173, 4074395; 621273, 4074227;
621256, 4074215; 621246, 4074203;
621206, 4074150; 621177, 4074089;
621151, 4074025; 621163, 4073968;
621171, 4073965; 621179, 4073920;
621159, 4073901; 621160, 4073898;
621124, 4073845; 621131, 4073829;
621129, 4073827; 621153, 4073753;
621073, 4073708; 621025, 4073710;
returning to 620984, 4073724.
(iv) Note: Map of Units 1, 2, and 3
(Map 2) follows:
BILLING CODE 4310–55–P
E:\FR\FM\24OCR2.SGM
24OCR2
60441
BILLING CODE 4310–55–C
VerDate Aug<31>2005
15:37 Oct 23, 2007
Jkt 214001
PO 00000
Frm 00033
Fmt 4701
Sfmt 4700
E:\FR\FM\24OCR2.SGM
24OCR2
ER24OC07.001
yshivers on PROD1PC62 with RULES2
Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations
yshivers on PROD1PC62 with RULES2
60442
Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations
(10) Unit 4: Aguajito, Monterey
County, California.
(i) Subunit 4a: From USGS 1:24,000
scale quadrangle Seaside. Land bounded
by the following UTM Zone 10, NAD83
coordinates (E, N): 602332, 4048354;
602347, 4048427; 602354, 4048439;
602362, 4048452; 602366, 4048456;
602401, 4048489; 602508, 4048576;
602697, 4048582; 602735, 4048574;
602762, 4048562; 602786, 4048545;
602817, 4048507; 602832, 4048471;
602858, 4048345; 603034, 4048312;
603069, 4048294; 603115, 4048262;
603136, 4048241; 603158, 4048209;
603171, 4048172; 603173, 4048133;
603166, 4048094; 603143, 4048051;
603107, 4048018; 603072, 4048000;
603024, 4047993; 602966, 4048004;
602522, 4048105; 602451, 4048153;
602400, 4048198; 602373, 4048240;
602351, 4048287; returning to 602332,
4048354.
(ii) Subunit 4b: From USGS 1:24,000
scale quadrangle Seaside. Land bounded
by the following UTM Zone 10, NAD83
coordinates (E, N): 601574, 4047589;
601594, 4047664; 601625, 4047701;
601657, 4047723; 601695, 4047736;
601778, 4047749; 601839, 4047778;
601926, 4047801; 601965, 4047804;
602014, 4047795; 602048, 4047863;
602058, 4047918; 602064, 4047991;
602022, 4048044; 602000, 4048080;
601988, 4048107; 601973, 4048163;
601962, 4048239; 602022, 4048231;
602007, 4048253; 602060, 4048243;
602206, 4048211; 602231, 4048211;
602246, 4048135; 602250, 4048108;
602256, 4048082; 602264, 4048071;
602278, 4048051; 602309, 4048008;
602318, 4047990; 602345, 4047913;
602355, 4047883; 602350, 4047838;
602325, 4047746; 602278, 4047654;
602262, 4047623; 602199, 4047551;
602130, 4047497; 602054, 4047470;
601996, 4047474; 601864, 4047460;
601773, 4047445; 601743, 4047440;
601704, 4047440; 601657, 4047454;
601611, 4047490; 601582, 4047540;
returning to 601574, 4047589.
(iii) Note: Unit 4 is depicted on Map
3 in paragraph (12)(xv) of this entry.
(11) Unit 5: Old Capitol, Monterey
County, California.
(i) From USGS 1:24,000 scale
quadrangle Monterey. Land bounded by
the following UTM Zone 10, NAD83
coordinates (E, N): 599314, 4048918;
599497, 4049056; 599551, 4048997;
599551, 4048976; 599552, 4048959;
599562, 4048939; 599593, 4048923;
599625, 4048931; 599640, 4048934;
599655, 4048928; 599675, 4048937;
599685, 4048913; 599666, 4048844;
599649, 4048821; 599603, 4048784;
599561, 4048761; 599516, 4048757;
599437, 4048777; 599370, 4048808;
VerDate Aug<31>2005
15:37 Oct 23, 2007
Jkt 214001
599329, 4048864; returning to 599314,
4048918.
(ii) Note: Unit 5 is depicted on Map
3 in paragraph (12)(xv) of this entry.
(12) Unit 6: Monterey Peninsula,
Monterey County, California.
(i) Subunit 6a (portion between Forest
Lake Road and Lopez Road): From
USGS 1:24,000 scale quadrangle
Monterey. Land bounded by the
following UTM Zone 10 NAD83
coordinates (E, N): 594289.967,
4049237.581; 594267.618, 4049251.760;
594263, 4049271; 594241.397,
4049281.713; 594230.805, 4049278.096;
594214.503, 4049291.804; 594166.894,
4049364.694; 594176.917, 4049369.673;
594186.521, 4049380.709; 594196.880,
4049403.089; 594210.082, 4049442.288;
594216.994, 4049476.435; 594229.293,
4049570.617; 594241.651, 4049610.586;
594287.923, 4049701.637; 594338.715,
4049801.237; 594339.817, 4049802.777;
594348, 4049799; 594354, 4049797;
594354, 4049795; 594355, 4049717;
594451, 4049718; 594500, 4049735;
594512, 4049669; 594516.717,
4049635.323; 594514.946, 4049608.292;
594510.651, 4049578.721; 594505.106,
4049541.754; 594500.823, 4049516.756;
594500.581, 4049505.979; 594501.352,
4049498.500; 594502.886, 4049491.140;
594505.184, 4049484.320; 594508.514,
4049476.166; 594512.335, 4049469.471;
594516.239, 4049464.140; 594520.679,
4049459.245; 594525.606, 4049454.841;
594531.898, 4049450.388; 594539.672,
4049446.666; 594548.703, 4049443.138;
594554.822, 4049441.050; 594564.127,
4049438.323; 594572.946, 4049436.064;
594582.012, 4049431.785; 594588.766,
4049426.645; 594594.416, 4049420.310;
594598.418, 4049413.711; 594600.523,
4049407.460; 594603.006, 4049397.784;
594604.979, 4049387.614; 594607.304,
4049381.221; 594609.935, 4049375.747;
594584, 4049338; 594573, 4049333;
594557, 4049321; 594544, 4049303;
594544, 4049289; 594547, 4049272;
594547, 4049253.000; 594538, 4049237;
594472, 4049167; 594453, 4049150;
594446.759, 4049141.029; 594441.513,
4049144.159; 594348, 4049199; 594355,
4049219; returning to 594289.967,
4049237.581.
(ii) Subunit 6a (portion north of
Morris Drive): From USGS 1:24,000
scale quadrangle Monterey. Land
bounded by the following UTM Zone 10
NAD83 coordinates (E, N): 596121,
4050849; 596117.233, 4050841.631;
596114.620, 4050840.555; 596109.729,
4050839.063; 596103.326, 4050838.039;
596096.103, 4050838.069; 596088.735,
4050839.482; 596080.383, 4050841.481;
596072.392, 4050843.713; 596064.531,
4050846.222; 596058.663, 4050848.305;
596051.053, 4050851.282; 596044.058,
4050854.305; 596033.962, 4050859.130;
PO 00000
Frm 00034
Fmt 4701
Sfmt 4700
596016.951, 4050866.753; 596001.620,
4050872.806; 595985.651, 4050878.329;
595968.711, 4050883.356; 595953.831,
4050887.092; 595943.540, 4050889.313;
595936.170, 4050889.798; 595925.089,
4050890.098; 595911.434, 4050889.762;
595897.656, 4050888.628; 595886.642,
4050887.141; 595874.824, 4050884.959;
595863.953, 4050882.401; 595853.066,
4050879.170; 595840.011, 4050874.858;
595824.735, 4050869.336; 595809.054,
4050863.117; 595794.290, 4050856.734;
595779.189, 4050850.247; 595765.663,
4050843.950; 595755.155, 4050838.710;
595744.162, 4050832.891; 595733.283,
4050826.778; 595724.193, 4050820.701;
595713.698, 4050813.076; 595702.950,
4050804.528; 595693.694, 4050796.502;
595686.111, 4050789.421; 595678.697,
4050782.009; 595670.691, 4050774.057;
595662.547, 4050766.912; 595653.948,
4050760.193; 595643.427, 4050752.976;
595634.919, 4050747.856; 595625.202,
4050742.712; 595616.147, 4050738.537;
595605.957, 4050734.502; 595595.897,
4050731.216; 595579.392, 4050726.890;
595558.919, 4050722.484; 595541.632,
4050719.570; 595525.140, 4050717.462;
595510.317, 4050716.119; 595497.922,
4050715.394; 595486.247, 4050715.162;
595474.894, 4050715.805; 595465.549,
4050717.074; 595432, 4050797; 595946,
4051094; 595954, 4051085; 595953,
4051067; 595953, 4051053; 595956,
4051034; 595963, 4051011; 595972,
4050989; 595984, 4050968; 596000,
4050950; 596035, 4050912; returning to
596121, 4050849.
(iii) Subunit 6a (Huckleberry Hill
portion): From USGS 1:24,000 scale
quadrangle Monterey. Land bounded by
the following UTM Zone 10 NAD83
coordinates (E, N): 596121, 4048995;
596114.435, 4048981.020; 596111.136,
4048973.151; 596108.142, 4048965.208;
596105.454, 4048957.114; 596103.071,
4048948.946; 596100.993, 4048940.704;
596099.068, 4048932.387; 596097.601,
4048924.073; 596096.727, 4048918.049;
596094.961, 4048908.666; 596093.180,
4048901.722; 596090.941, 4048894.850;
596090.194, 4048892.559; 596075.586,
4048855.180; 596044.639, 4048787.944;
596040.015, 4048778.903; 596034.930,
4048770.237; 596030.582, 4048763.941;
596026.078, 4048757.872; 596021.113,
4048752.103; 596017.649, 4048748.408;
596014.185, 4048744.789; 596010.566,
4048741.320; 596004.831, 4048736.381;
596000.751, 4048733.288; 595998.787,
4048731.742; 595994.706, 4048728.802;
595988.352, 4048724.693; 595983.962,
4048722.131; 595981.689, 4048720.962;
595979.416, 4048719.795; 595975.023,
4048717.536; 595970.322, 4048715.427;
595965.619, 4048713.546; 595963.344,
4048712.607; 595956.209, 4048710.166;
595948.918, 4048708.104; 595943.903,
E:\FR\FM\24OCR2.SGM
24OCR2
yshivers on PROD1PC62 with RULES2
Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations
4048706.982; 595939.037, 4048706.013;
595934.018, 4048705.196; 595928.997,
4048704.530; 595923.974, 4048704.018;
595918.949, 4048703.734; 595835.009,
4048702.117; 595829.978, 4048702.289;
595824.945, 4048702.691; 595817.470,
4048703.522; 595814.875, 4048703.874;
595809.990, 4048704.734; 595802.505,
4048706.404; 595800.376, 4048706.944;
595798, 4048708; 595762, 4048723;
595761, 4048724; 595739, 4048743;
595733.894, 4048751.431; 595730.885,
4048761.683; 595730.310, 4048772.343;
595731.877, 4048782.112; 595734.506,
4048792.426; 595734.563, 4048800.960;
595733.119, 4048807.573; 595728.590,
4048817.426; 595725.142, 4048826.074;
595722.591, 4048836.331; 595721.878,
4048845.617; 595722.245, 4048853.774;
595723.678, 4048861.865; 595726.474,
4048870.810; 595729.744, 4048878.237;
595735.436, 4048887.137; 595741.604,
4048894.292; 595748.688, 4048901.227;
595756.387, 4048907.712; 595764.398,
4048913.668; 595772.266, 4048918.555;
595779.212, 4048924.270; 595783.576,
4048929.194; 595788.071, 4048936.101;
595790.747, 4048942.149; 595792.648,
4048949.332; 595793.481, 4048956.655;
595792.933, 4048964.878; 595788.510,
4048978.999; 595781.840, 4048989.592;
595773.660, 4048998.948; 595765.407,
4049005.918; 595876, 4049140; 595883,
4049146; 595891, 4049158; 595930,
4049207; 595924, 4049215; 595929,
4049224; 595759, 4049460; 595749,
4049453; 595718, 4049483; 595671,
4049449; 595594, 4049477; 595482,
4049468; 595462, 4049369; 595546,
4049277; 595476, 4049214; 595407,
4049320; 595398, 4049332; 595379,
4049348; 595360, 4049358; 595245,
4049402; 595234, 4049415; 595234,
4049456; 595169, 4049482; 595110,
4049477; 595063, 4049474; 595058,
4049541; 595079, 4049565; 595102,
4049571; 595119, 4049575; 595140,
4049584; 595150, 4049615; 595159,
4049642; 595130, 4049674; 595090,
4049729; 595067, 4049769; 595039,
4049811; 595027, 4049835; 595027,
4049851; 595037, 4049882; 595060,
4049943; 595074, 4050018; 595084,
4050058; 595081, 4050093; 595057.323,
4050156.455; 594990.554, 4050158.347;
594967.842, 4050159.586; 594941.815,
4050161.163; 594939.740, 4050161.513;
594954, 4050173; 594969, 4050191;
594986, 4050216; 594995, 4050239;
595012, 4050254; 595029, 4050260;
595045, 4050258; 595063, 4050252;
595089, 4050249; 595114, 4050261;
595129, 4050283; 595135, 4050315;
595127, 4050348; 595118, 4050375;
595115, 4050400; 595117, 4050427;
595121, 4050447; 595131, 4050460;
595146, 4050469; 595168, 4050477;
595183, 4050486; 595190, 4050498;
VerDate Aug<31>2005
15:37 Oct 23, 2007
Jkt 214001
595195, 4050513; 595192, 4050538;
595193, 4050538; 595299, 4050514;
595411, 4050490; 595535, 4050334;
595574, 4050254; 595621, 4050215;
595661, 4050192; 595699, 4050182;
595718, 4050203; 595735, 4050221;
595728, 4050282; 595737, 4050294;
595873, 4050317; 595931, 4050395;
595865, 4050456; 595764, 4050427;
595708, 4050454; 595647, 4050505;
595634, 4050565; 595491, 4050688;
595495.370, 4050690.280; 595496.493,
4050690.314; 595508.038, 4050690.905;
595520.374, 4050691.863; 595533.349,
4050693.238; 595546.186, 4050694.972;
595557.882, 4050696.879; 595569.523,
4050699.092; 595580.577, 4050701.486;
595593.215, 4050704.582; 595607.463,
4050708.587; 595620.527, 4050713.299;
595632.385, 4050718.427; 595645.083,
4050724.897; 595657.059, 4050732.019;
595668.185, 4050739.632; 595678.590,
4050747.738; 595687.611, 4050755.653;
595697.731, 4050765.724; 595707.498,
4050775.246; 595717.389, 4050784.009;
595727.809, 4050792.397; 595739.767,
4050801.074; 595750.271, 4050807.692;
595761.985, 4050814.082; 595774.723,
4050820.556; 595787.346, 4050826.503;
595803.552, 4050833.485; 595819.808,
4050840.511; 595835.796, 4050846.786;
595850.746, 4050852.106; 595863.800,
4050856.332; 595878.326, 4050860.141;
595893.138, 4050862.843; 595909.227,
4050864.579; 595923.931, 4050865.100;
595940.058, 4050864.509; 595955.311,
4050861.023; 595973.024, 4050856.090;
595989.675, 4050850.553; 596006.554,
4050844.003; 596020.972, 4050837.619;
596035.257, 4050830.854; 596050.951,
4050824.504; 596064.953, 4050819.844;
596081.870, 4050815.399; 596091.460,
4050813.429; 596095.984, 4050813.012;
596102.710, 4050812.958; 596111.615,
4050813.930; 596118.244, 4050815.455;
596127.446, 4050818.812; 596132.377,
4050821.278; 596136.011, 4050823.439;
596140.866, 4050832.937; 596142.583,
4050836.764; 596411, 4050626; 596492,
4050567; 596500, 4050556; 596506,
4050545; 596510, 4050531; 596514,
4050505; 596513, 4050484; 596493,
4050421; 596437, 4050262; 596404,
4050199; 596364, 4050134; 596358,
4050092; 596367, 4050043; 596370,
4050008; 596348, 4049956; 596334,
4049923; 596339, 4049885; 596365,
4049836; 596420, 4049812; 596418,
4049789; 596387, 4049778; 596366,
4049762; 596351, 4049725; 596344,
4049706; 596332, 4049696; 596302,
4049685; 596300, 4049646; 596303,
4049619; 596311, 4049598; 596310,
4049570; 596299, 4049556; 596283,
4049542; 596269, 4049528; 596260,
4049516; 596258, 4049492; 596272,
4049460; 596282, 4049429; 596299,
4049389; 596298, 4049372; 596274,
PO 00000
Frm 00035
Fmt 4701
Sfmt 4700
60443
4049352; 596258, 4049329; 596166,
4049101; returning to 596121, 4048995.
(iv) Subunit 6a (Pescadero Canyon
portion): From USGS 1:24,000 scale
quadrangle Monterey. Land bounded by
the following UTM Zone 10 NAD83
coordinates (E, N): 596202.421,
4048820.398; 596202.251, 4048823.977;
596201.106, 4048831.050; 596198.745,
4048837.881; 596195.323, 4048844.166;
596189.449, 4048851.720; 596181.453,
4048858.259; 596174.403, 4048861.914;
596168.285, 4048863.980; 596159.736,
4048865.409; 596150.776, 4048866.138;
596139.514, 4048869.809; 596131.375,
4048875.207; 596125.615, 4048881.289;
596120.666, 4048889.708; 596116.970,
4048898.758; 596115.407, 4048904.538;
596115.082, 4048907.507; 596114.880,
4048914.971; 596115.601, 4048920.919;
596117.073, 4048928.699; 596119.738,
4048940.221; 596121.820, 4048947.778;
596123.208, 4048952.171; 596149,
4048917; 596171, 4048889; 596214,
4048863; 596295, 4048862; 596318,
4048787; 596334, 4048726; 596363,
4048682; 596382, 4048673; 596405,
4048693; 596418, 4048724; 596441,
4048708; 596482, 4048660; 596510,
4048642; 596536, 4048625; 596561,
4048606; 596597, 4048578; 596651,
4048555; 596671, 4048551; 596715,
4048542; 596829, 4048531; 596878,
4048531; 596924.858, 4048521.004;
596936.135, 4048509.789; 596944.053,
4048516.909; 596953, 4048515; 597028,
4048494; 597074, 4048468; 597083,
4048454; 597096, 4048441; 597102,
4048435; 597103.186, 4048434.138;
597103.230, 4048432.889; 597122.598,
4048407.776; 597125.173, 4048401.474;
597125.117, 4048396.220; 597123.538,
4048391.757; 597121.041, 4048388.365;
597119.042, 4048386.644; 597115.317,
4048384.679; 597106.016, 4048382.581;
597099.373, 4048380.712; 597089.681,
4048377.084; 597078.307, 4048371.300;
597062.710, 4048362.620; 597050.160,
4048348.145; 597042.036, 4048336.655;
597037.007, 4048327.373; 597034.190,
4048320.921; 597026.181, 4048298.414;
597026, 4048298; 597008, 4048250;
596999, 4048220; 596952, 4048162;
596941, 4048146; 596932, 4048120;
596924, 4048090; 596907, 4048062;
596894, 4048049; 596833, 4048022;
596756, 4048000; 596740, 4047994;
596728, 4047994; 596689, 4047954;
596685, 4047941; 596674, 4047920;
596662, 4047900; 596648, 4047881;
596634, 4047862; 596542, 4047755;
596522, 4047739; 596506, 4047734;
596458, 4047725; 596449, 4047723;
596433, 4047716; 596297, 4047645;
596283, 4047635; 596220, 4047585;
596204, 4047568; 596197, 4047557;
596190, 4047539; 596163, 4047442;
596143, 4047425; 596133, 4047420;
E:\FR\FM\24OCR2.SGM
24OCR2
yshivers on PROD1PC62 with RULES2
60444
Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations
596115, 4047406; 596103, 4047389;
596086, 4047360; 596074, 4047347;
596049, 4047337; 596017, 4047368;
595973, 4047400; 595910, 4047426;
595872, 4047443; 595867, 4047523;
595864, 4047594; 595870, 4047667;
595880, 4047728; 595887.445,
4047772.169; 595896.900, 4047807.905;
595923.997, 4047835.258; 595982.485,
4047890.602; 596001.110, 4047917.832;
596009.167, 4047943.965; 596008.899,
4047989.340; 596008.385, 4048016.218;
595998.060, 4048035.162; 595980.074,
4048045.653; 595962.288, 4048046.253;
595934.059, 4048032.734; 595906.862,
4048017.073; 595878.916, 4047992.590;
595843.991, 4047964.452; 595820.544,
4047955.446; 595781.236, 4047949.719;
595706.444, 4047946.467; 595701,
4047953; 595605, 4048051; 595588,
4048057; 595526, 4048090; 595504,
4048118; 595501, 4048132; 595502,
4048132; 595524, 4048140; 595565,
4048157; 595630, 4048169; 595634,
4048198; 595676, 4048233; 595673,
4048267; 595698, 4048322; 595840,
4048309; 595893, 4048311; 595982,
4048326; 595982, 4048327; 595973,
4048417; 595974, 4048417; 596135,
4048438; 596251, 4048453; 596208,
4048594; 596220, 4048604; 596231,
4048624; 596230, 4048641; 596215,
4048727; 596218, 4048782; 596209,
4048811; returning to 596202.421,
4048820.
(v) Subunit 6a (portion between
Sunridge Road and Spruance Road):
From USGS 1:24,000 scale quadrangle
Monterey. Land bounded by the
following UTM Zone 10 NAD83
coordinates (E, N): 595662.607,
4048782.410; 595606.350, 4048793.214;
595593.683, 4048794.978; 595581.024,
4048795.981; 595576.755, 4048796.238;
595555.424, 4048796.153; 595501.980,
4048792.589; 595494.224, 4048791.208;
595486.477, 4048789.065; 595479.043,
4048786.088; 595472.075, 4048782.353;
595464.363, 4048777.086; 595456.518,
4048769.991; 595445.525, 4048758.212;
595435.299, 4048745.984; 595425.842,
4048733.156; 595417, 4048719.878;
595406.232, 4048701.550; 595399.076,
4048687.299; 595394.765, 4048677.576;
595363.443, 4048602.869; 595358.414,
4048589.176; 595349.695, 4048563.960;
595302.138, 4048562.504; 595301.073,
4048566.064; 595297.396, 4048581.566;
595294.480, 4048597.228; 595292.475,
4048613.053; 595291.233, 4048628.962;
595290.750, 4048644.956; 595291.183,
4048660.884; 595291.979, 4048671.483;
595293.081, 4048682.085; 595294.641,
4048692.616; 595296.926, 4048706.356;
595298.350, 4048715.285; 595299.470,
4048724.287; 595300.132, 4048733.285;
595300.642, 4048742.281; 595300.693,
4048751.348; 595300.573, 4048762.165;
VerDate Aug<31>2005
15:37 Oct 23, 2007
Jkt 214001
595301.386, 4048771.317; 595305.088,
4048780.957; 595309.740, 4048787.409;
595316.836, 4048793.277; 595326.841,
4048797.960; 595339.744, 4048802.370;
595357.214, 4048807.211; 595374.849,
4048810.835; 595397.370, 4048813.599;
595411.528, 4048814.747; 595424.137,
4048818.163; 595434.605, 4048823.670;
595484.115, 4048850.827; 595495.005,
4048858.109; 595502.701, 4048864.899;
595506.769, 4048869.134; 595512.925,
4048877.278; 595517.565, 4048884.797;
595521.729, 4048894.062; 595538.984,
4048938.367; 595541.571, 4048946.013;
595543.020, 4048952.734; 595543.674,
4048962.493; 595542.650, 4048972.310;
595539.803, 4048981.725; 595534.506,
4048992.180; 595527.091, 4049001.317;
595516.619, 4049011.257; 595500.614,
4049025.555; 595483.704, 4049038.929;
595460.208, 4049055.429; 595441.798,
4049066.653; 595430.144, 4049073.305;
595423.232, 4049078.257; 595412.777,
4049088.386; 595406.135, 4049094.828;
595402.263, 4049100.499; 595400.808,
4049107.949; 595402.256, 4049114.822;
595406, 4049121; 595417, 4049126;
595438, 4049124; 595459, 4049129;
595480, 4049130; 595500, 4049127;
595517, 4049127; 595527, 4049130;
595546, 4049127; 595578, 4049111;
595609, 4049086; 595612, 4049077;
595622, 4049064; 595638, 4049045;
595658, 4049031; 595679, 4049021;
595703, 4049013; 595731, 4049004;
595754, 4048992; 595761.777,
4048985.026; 595769.192, 4048975.966;
595773.393, 4048968.089; 595775.156,
4048960.261; 595774.489, 4048951.721;
595771.678, 4048944.147; 595767.928,
4048938.772; 595761.284, 4048933.289;
595755.383, 4048929.567; 595748.428,
4048924.690; 595741.782, 4048919.436;
595733.484, 4048911.953; 595727.456,
4048905.944; 595720.990, 4048898.177;
595715.891, 4048890.806; 595711.118,
4048881.535; 595706.533, 4048868.989;
595704.225, 4048857.307; 595703.595,
4048845.414; 595704.641, 4048833.541;
595707.208, 4048821.913; 595710.348,
4048813.567; 595713.185, 4048805.066;
595713.125, 4048796.760; 595710.460,
4048789.721; 595706.253, 4048784.418;
595698.078, 4048779.603; 595689.711,
4048778.368; 595677.796, 4048779.563;
returning to 595662.607, 4048782.
(vi) Subunit 6a (portion west of
Spruance Road): From USGS 1:24,000
scale quadrangle Monterey. Land
bounded by the following UTM Zone 10
NAD83 coordinates (E, N): 595323,
4049123; 595368.117, 4049101.720;
595382.240, 4049092.277; 595410.579,
4049065.011; 595418.415, 4049059.232;
595432.679, 4049050.857; 595444.489,
4049043.827; 595456.001, 4049036.335;
595467.211, 4049028.460; 595483.502,
4049015.918; 595493.961, 4049007.120;
PO 00000
Frm 00036
Fmt 4701
Sfmt 4700
595504.272, 4048997.940; 595515.056,
4048987.393; 595520.624, 4048979.912;
595524.072, 4048971.342; 595525.218,
4048964.116; 595524.719, 4048954.207;
595521.124, 4048943.526; 595504.298,
4048899.506; 595499.078, 4048889.315;
595491.417, 4048879.402; 595484.782,
4048873.157; 595475.253, 4048866.804;
595424.286, 4048839.148; 595418.003,
4048835.465; 595406.606, 4048832.596;
595395.796, 4048831.866; 595381.337,
4048830.335; 595367.040, 4048828.043;
595348.039, 4048823.794; 595338.773,
4048821.253; 595324.957, 4048816.757;
595314.336, 4048812.602; 595302.378,
4048805.459; 595294.389, 4048797.600;
595286.759, 4048784.944; 595283.230,
4048773.401; 595282.287, 4048762.267;
595282.561, 4048751.299; 595282.244,
4048738.649; 595281.317, 4048726.144;
595279.779, 4048713.631; 595276.920,
4048696.686; 595275.215, 4048685.544;
595273.573, 4048668.688; 595272.604,
4048646.202; 595272.943, 4048629.292;
595274.197, 4048612.469; 595275.541,
4048601.208; 595277.188, 4048590.103;
595279.292, 4048579.003; 595281.851,
4048568.060; 595283.456, 4048561.932;
595253, 4048561; 595225, 4048650;
595206, 4048683; 595203, 4048704;
595204, 4048727; 595225, 4048781;
595225, 4048914; 595222, 4048941;
595134, 4049009; 595111, 4049027;
595081, 4049069; 595056, 4049144;
595117, 4049145; 595138, 4049144;
595159, 4049140; 595178, 4049134;
595194, 4049129; 595211, 4049127;
595228, 4049128; 595275, 4049132;
595292, 4049131; 595309, 4049128;
returning to 595323, 4049123.
(vii) Note: Unit 6a is depicted on Map
3 in paragraph (12)(xiv), and in detail on
Map 4 in paragraph (12)(xv) of this
entry.
(viii) Subunit 6b (east portion): From
USGS 1:24,000 scale quadrangle
Monterey. Land bounded by the
following UTM Zone 10 NAD83
coordinates (E, N): 593541.388,
4048770.432; 593510.848, 4048805.177;
593532.068, 4048818.876; 593548.960,
4048826.486; 593570.875, 4048833.182;
593586.397, 4048837.747; 593608.312,
4048838.660; 593624.139, 4048838.965;
593639.357, 4048836.834; 593659.141,
4048830.747; 593680.751, 4048822.529;
593727.015, 4048798.788; 593782.106,
4048772.004; 593790.904, 4048768.133;
593778.000, 4048727.000; 593772.946,
4048696.679; 593772.083, 4048696.721;
593715.333, 4048703.457; 593701.565,
4048705.802; 593683.913, 4048711.031;
593675.394, 4048714.531; 593667.133,
4048718.602; 593659.167, 4048723.224;
593651.533, 4048728.376; 593634.547,
4048741.500; 593627.799, 4048746.427;
593624.257, 4048748.773; 593616.962,
4048753.136; 593609.188, 4048757.152;
593605.208, 4048758.975; 593597.085,
E:\FR\FM\24OCR2.SGM
24OCR2
yshivers on PROD1PC62 with RULES2
Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations
4048762.239; 593592.951, 4048763.677;
593588.773, 4048764.984; 593584.556,
4048766.159; 593580.298, 4048767.201;
593575.860, 4048768.137; 593571.387,
4048768.928; 593566.891, 4048769.572;
593562.377, 4048770.069; 593557.849,
4048770.418; 593548.770, 4048770.669;
593544.229, 4048770.572; returning to
593541.388, 4048770.432.
(ix) Subunit 6b (west portion): From
USGS 1:24,000 scale quadrangle
Monterey. Land bounded by the
following UTM Zone 10 NAD83
coordinates (E, N): 593522.950,
4048768.330; 593488.310, 4048763.587;
593468.619, 4048760.890; 593462.417,
4048760.143; 593456.341, 4048759.609;
593450.817, 4048759.302; 593488.543,
4048788.440; 593498.544, 4048796.096;
returning to 593522.950, 4048768.330.
(x) Subunit 6c (east portion): From
USGS 1:24,000 scale quadrangle
Monterey. Land bounded by the
following UTM Zone 10 NAD83
coordinates (E, N): 593678.031,
4049656.997; 593676.816, 4049655.549;
593657.430, 4049624.243; 593645.847,
4049580.582; 593642.129, 4049535.973;
593642.297, 4049535.749; 593636.462,
4049526.819; 593633.154, 4049523.033;
593630.739, 4049520.709; 593628.167,
4049518.558; 593625.453, 4049516.590;
593622.609, 4049514.816; 593618.129,
4049512.535; 593613.436, 4049510.732;
593610.214, 4049509.805; 593606.936,
4049509.104; 593501.928, 4049490.433;
593498.284, 4049510.927; 593545.854,
4049574.412; 593548.648, 4049578.141;
593566.979, 4049609.782; 593647.949,
4049681.627; returning to 593678.031,
4049656.997.
(xi) Subunit 6c (west portion): From
USGS 1:24,000 scale quadrangle
Monterey. Land bounded by the
following UTM Zone 10 NAD83
coordinates (E, N): 593686.191,
4049823.525; 593718.176, 4049820.816;
593726.510, 4049844.038; 593779,
4049814.000; 593781.227, 4049812.692;
593779.785, 4049811.940; 593744.860,
4049740.544; 593707.564, 4049692.197;
593617.531, 4049767.523; 593559.935,
4049774.021; 593531, 4049764.000;
593486, 4049731.000; 593474,
4049707.000; 593460, 4049690.000;
593428, 4049662.000; 593408,
4049649.000; 593383, 4049632.000;
593351.999, 4049611.999; 593334.206,
4049625.645; 593326.515, 4049621.339;
593318.546, 4049617.573; 593306.155,
4049612.974; 593297.659, 4049610.629;
593284.662, 4049608.222; 593271.487,
4049607.167; 593258.273, 4049607.477;
593245.162, 4049609.148; 593232.293,
4049612.162; 593219.803, 4049616.488;
592978.342, 4049724.383; 592966.840,
4049728.949; 592959.041, 4049731.592;
592954.985, 4049732.755; 592941.323,
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4049735.664; 592939, 4049733.000;
592930, 4049733.000; 592918,
4049760.000; 592920, 4049789.000;
592936.305, 4049827.951; 593018.581,
4049826.666; 593098.417, 4049780.812;
593207.036, 4049823.766; 593283.323,
4049815.508; 593358.944, 4049812.254;
593444.705, 4049788.911; 593458.448,
4049795.812; 593602.831, 4049855.126;
593635.133, 4049863.106; 593661.279,
4049846.810; returning to 593686.191,
4049823.525.
(xii) Subunit 6d: From USGS 1:24,000
scale quadrangle Monterey. Land
bounded by the following UTM Zone
10, NAD83 coordinates (E, N): 591851,
4048564; 591855, 4048576; 591861,
4048580; 591868, 4048583; 591873,
4048588; 591879, 4048594; 591884,
4048602; 591887, 4048610; 591889,
4048617; 591889, 4048625; 591891,
4048632; 591918, 4048685; 591925,
4048690; 591925, 4048690; 591935,
4048688; 591945, 4048672; 591953,
4048660; 591961, 4048648; 591969,
4048636; 592120, 4048437; 592141,
4048411; 592144, 4048397; 592144,
4048351; 592144, 4048317; 592136,
4048297; 592116, 4048287; 592116,
4048287; 592116, 4048287; 592096,
4048293; 592073, 4048322; 592062,
4048334; 592050, 4048344; 592038,
4048354; 591992, 4048388; 591951,
4048418; 591951, 4048418; 591933,
4048448; 591931, 4048452; 591928,
4048456; 591924, 4048461; 591920,
4048466; 591920, 4048466; 591912,
4048476; 591908, 4048485; 591907,
4048489; 591905, 4048496; 591902,
4048503; 591899, 4048510; 591895,
4048517; 591891, 4048523; 591886,
4048529; 591882, 4048534; 591877,
4048538; 591872, 4048543; 591866,
4048548; 591860, 4048552; 591855,
4048556; returning to 591851, 4048564.
(xiii) Subunit 6e: From USGS 1:24,000
scale quadrangle Monterey. Land
bounded by the following UTM Zone 10
NAD83 coordinates (E, N): 595552,
4051784; 595527, 4051833; 595413,
4051790; 595404, 4051837; 595404,
4051843; 595404, 4051846; 595403,
4051858; 595401, 4051873; 595399,
4051888; 595397, 4051903; 595395,
4051917; 595392, 4051932; 595389,
4051947; 595386, 4051961; 595382,
4051976; 595379, 4051990; 595375,
4052005; 595371, 4052019; 595370,
4052021; 595370, 4052022; 595366,
4052033; 595362, 4052047; 595357,
4052061; 595352, 4052075; 595346,
4052089; 595341, 4052103; 595334,
4052116; 595332, 4052121; 595330,
4052124; 595325, 4052130; 595324,
4052130; 595323, 4052138; 595292,
4052402; 595329, 4052407; 595339,
4052409; 595340, 4052409; 595342,
4052409; 595344, 4052409; 595345,
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60445
4052409; 595347, 4052409; 595348,
4052409; 595349, 4052409; 595351,
4052409; 595352, 4052409; 595354,
4052409; 595356, 4052409; 595358,
4052409; 595359, 4052409; 595361,
4052409; 595363, 4052409; 595365,
4052409; 595366, 4052409; 595367,
4052410; 595368, 4052410; 595370,
4052410; 595372, 4052410; 595373,
4052411; 595375, 4052411; 595377,
4052412; 595379, 4052412; 595380,
4052412; 595382, 4052413; 595384,
4052413; 595385, 4052414; 595387,
4052415; 595388, 4052415; 595390,
4052416; 595392, 4052416; 595393,
4052417; 595395, 4052418; 595397,
4052419; 595398, 4052419; 595400,
4052420; 595401, 4052421; 595403,
4052422; 595404, 4052423; 595406,
4052424; 595407, 4052425; 595409,
4052426; 595410, 4052427; 595412,
4052428; 595413, 4052429; 595414,
4052429; 595425, 4052438; 595487,
4052473; 595545, 4052519; 595569,
4052552; 595574, 4052559; 595785,
4052448; 595838, 4052420; 595829,
4052400; 595798, 4052339; 595762,
4052253; 595751, 4052224; 595736,
4052189; 595703, 4052125; 595688,
4052091; 595683, 4052085; 595672,
4052071; 595634, 4052047; 595633,
4052045; 595632, 4052043; 595631,
4052041; 595630, 4052039; 595628,
4052037; 595627, 4052035; 595626,
4052033; 595625, 4052030; 595624,
4052028; 595623, 4052026; 595622,
4052024; 595621, 4052021; 595621,
4052019; 595620, 4052017; 595619,
4052015; 595618, 4052012; 595618,
4052010; 595617, 4052008; 595616,
4052005; 595616, 4052003; 595615,
4052001; 595615, 4051998; 595614,
4051996; 595614, 4051993; 595614,
4051991; 595613, 4051989; 595613,
4051986; 595613, 4051984; 595613,
4051981; 595612, 4051979; 595612,
4051977; 595612, 4051974; 595612,
4051972; 595612, 4051969; 595612,
4051967; 595613, 4051964; 595613,
4051962; 595613, 4051960; 595613,
4051957; 595613, 4051955; 595614,
4051952; 595614, 4051950; 595614,
4051948; 595615, 4051945; 595615,
4051943; 595616, 4051940; 595617,
4051938; 595617, 4051936; 595618,
4051933; 595618, 4051931; 595619,
4051929; 595620, 4051926; 595621,
4051924; 595625, 4051914; 595629,
4051904; 595634, 4051892; 595638,
4051882; 595643, 4051871; 595655,
4051846; 595657, 4051842; 595663,
4051824; returning to 595552, 4051784.
(xiv) Note: Map of Unit 6 (Map 3)
follows:
(xv) Note: Detail map of Subunit 6a
(Map 4) follows:
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(13) Unit 7: Point Lobos Ranch,
Monterey County, California.
(i) From USGS 1:24,000 scale
quadrangles Monterey and Soberanes
Point. Land bounded by the following
UTM Zone 10, NAD83 coordinates (E,
N): 595261, 4040950; 595269, 4041010;
595302, 4041071; 595344, 4041106;
595399, 4041136; 595410, 4041165;
595402, 4041291; 595387, 4041367;
595377, 4041400; 595365, 4041437;
595365, 4041463; 595389, 4041491;
595453, 4041513; 595516, 4041504;
595570, 4041472; 595597, 4041500;
595597, 4041536; 595602, 4041585;
595627, 4041649; 595635, 4041663;
595716, 4041696; 595759, 4041700;
595783, 4041693; 595801, 4041670;
595825, 4041613; 595827, 4041585;
595813, 4041551; 595807, 4041531;
595812, 4041518; 595844, 4041470;
595915, 4041508; 595889, 4041596;
VerDate Aug<31>2005
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595951, 4041638; 595966, 4041648;
595986, 4041664; 595850, 4041803;
595867, 4041802; 595891, 4041808;
595893, 4041869; 595904, 4041919;
595915, 4041930; 595910, 4041935;
595945, 4041988; 595990, 4042022;
596063, 4042063; 596142, 4042098;
596156, 4042104; 596211, 4042114;
596241, 4042109; 596269, 4042011;
596275, 4041978; 596276, 4041975;
596317, 4041764; 596343, 4041583;
596373, 4041510; 596515, 4041436;
596694, 4041433; 596927, 4041428;
597048, 4041584; 597068, 4041628;
597136, 4041714; 597204, 4041766;
597235, 4041783; 597291, 4041803;
597332, 4041812; 597381, 4041807;
597425, 4041787; 597461, 4041754;
597484, 4041711; 597492, 4041663;
597484, 4041614; 597467, 4041579;
597441, 4041550; 597408, 4041528;
597363, 4041511; 597341, 4041491;
PO 00000
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597323, 4041415; 597248, 4041313;
597288, 4041280; 597098, 4041279;
597103, 4041079; 597060, 4041079;
597045, 4041092; 596996, 4041118;
596889, 4041130; 596702, 4041138;
596646, 4041140; 596553, 4041137;
596503, 4041119; 596451, 4041086;
596363, 4041006; 596211, 4040900;
596003, 4040843; 595913, 4040829;
595905, 4040827; 595884, 4040824;
595865, 4040825; 595753, 4040829;
595629, 4040826; 595611, 4040841;
595574, 4040832; 595575, 4040825;
595539, 4040822; 595537, 4040822;
595497, 4040858; 595465, 4040822;
595393, 4040831; 595371, 4040840;
595366, 4040838; 595297, 4040891;
returning to 595261, 4040950.
(ii) Note: Unit 7 is depicted on Map
5 in paragraph (14)(ii) of this entry.
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4028121; 599198, 4028182; 599233,
4028238; 599262, 4028268; 599316,
4028304; 599373, 4028315; 599431,
4028304; 599479, 4028271; 599498,
4028249; 599518, 4028204; 599522,
4028146; 599508, 4028099; 599476,
4028056; 599471, 4028019; 599511,
4027964; 599527, 4027921; 599543,
4027880; 599551, 4027832; 599546,
4027793; 599531, 4027757; 599514,
PO 00000
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4027733; 599484, 4027707; 599430,
4027685; 599362, 4027687; 599326,
4027702; 599282, 4027741; 599266,
4027766; 599135, 4027707; 599026,
4027647; 598988, 4027637; 598949,
4027637; 598893, 4027655; 598855,
4027686; 598830, 4027728; 598821,
4027756; returning to 598818, 4027785.
(ii) Note: Map of Units 7 and 8 (Map
5) follows:
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(14) Unit 8: Palo Colorado, Monterey
County, California.
(i) From USGS 1:24,000 scale
quadrangle Soberanes Point. Land
bounded by the following UTM Zone
10, NAD83 coordinates (E, N): 598818,
4027785; 598823, 4027824; 598834,
4027852; 598855, 4027884; 598877,
4027904; 599017, 4027985; 599111,
4028022; 599176, 4028075; 599179,
60449
60450
*
*
Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations
*
*
Dated: October 5, 2007.
David M. Verhey,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 07–5136 Filed 10–23–07; 8:45 am]
*
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Agencies
[Federal Register Volume 72, Number 205 (Wednesday, October 24, 2007)]
[Rules and Regulations]
[Pages 60410-60450]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5136]
[[Page 60409]]
-----------------------------------------------------------------------
Part II
Department of the Interior
-----------------------------------------------------------------------
Fish and Wildlife Service
-----------------------------------------------------------------------
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Designation of
CriticalHabitat for Piperia yadonii (Yadon's piperia); Final Rule
Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 /
Rules and Regulations
[[Page 60410]]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AU34
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for Piperia yadonii (Yadon's piperia)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are
designating critical habitat for the endangered Piperia yadonii
(Yadon's piperia) pursuant to the Endangered Species Act of 1973, as
amended (Act). In total, approximately 2,117 acres (ac) (857 hectares
(ha)) fall within the boundaries of the critical habitat designation.
The critical habitat is located in Monterey County, California.
DATES: This rule becomes effective on November 23, 2007.
ADDRESSES: Comments and materials received, as well as supporting
documentation used in the preparation of this final rule, are available
for public inspection, by appointment, during normal business hours, in
the branch of Endangered Species, at the Ventura Fish and Wildlife
Office (VFWO), 2493 Portola Road, Suite B, Ventura, CA 93003. The final
rule, economic analysis, and map are also available on the Internet at
https://www.fws.gov/ventura.
FOR FURTHER INFORMATION CONTACT: Diane Noda, Field Supervisor, VFWO, at
the above address (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:
Background
It is our intent to discuss only those topics directly relevant to
the designation of critical habitat in this rule. For more information
on Piperia yadonii, refer to the proposed critical habitat rule
published on October 18, 2006 (71 FR 61546) and the final listing rule
published in the Federal Register on August 12, 1998 (63 FR 43100).
Previous Federal Actions
For more information on previous Federal actions concerning Piperia
yadonii, refer to the final listing rule published in the Federal
Register on August 12, 1998 (63 FR 43100) and proposed critical habitat
rule published in the Federal Register on October 18, 2006 (71 FR
61546). On August 7, 2007, we published a notice announcing the
availability of the draft economic analysis (DEA), and reopening of the
public comment period (72 FR 44069). This comment period closed on
September 6, 2007.
Summary of Comments and Recommendations
We requested written comments from the public on the proposed
designation of critical habitat for Piperia yadonii in the proposed
rule published on October 18, 2006 (71 FR 61546). We also contacted
appropriate Federal, State, and local agencies; scientific
organizations; and other interested parties and invited them to comment
on the proposed rule. The initial comment period ended December 18,
2006. We published newspaper notices on October 26, 2006, in the
Monterey Herald, Monterey, California, inviting public comment on the
proposed critical habitat designation.
During the comment period that opened on October 18, 2006, and
closed on December 18, 2006, we received 9 comments directly addressing
the proposed critical habitat designation: 3 from peer reviewers, 1
from a State agency, and 5 from organizations or individuals. During
the comment period that opened on August 7, 2007, and closed on
September 6, 2007, we received 8 comments directly addressing the
proposed critical habitat designation and the draft economic analysis.
All of these latter comments were from organizations or individuals and
some organizations and individuals provided comments during both
comment periods. Overall, 12 commenters supported a designation of
critical habitat for P. yadonii, and 3 commenters opposed parts of the
proposed designation. All comments and new information relating to the
proposed critical habitat designation for P. yadonii are addressed in
the following summary and incorporated into the final rule as
appropriate. We did not receive any requests for a public hearing.
Peer Review
In accordance with our policy published on July 1, 1994 (59 FR
34270), we solicited expert opinions from three knowledgeable
individuals with scientific expertise that included familiarity with
the species, the geographic region in which the species occurs, and
conservation biology principles. We received responses from all three
peer reviewers. The peer reviewers generally agreed that the technical
information and primary constituent elements (PCEs) identified in the
proposed designation were accurate and that those areas that we did
propose as critical habitat should be included. However, all three peer
reviewers suggested that the designation should be expanded to include
additional areas and increase the size of existing units. They also
provided additional information, clarifications, and suggestions to
improve the final critical habitat rule and the conservation of the
species. Peer reviewer comments are addressed in the following summary
and incorporated into the final rule as appropriate.
We reviewed all comments received from the peer reviewers and the
public for substantive issues and new information regarding critical
habitat for Piperia yadonii, and address them in the following summary.
Peer Reviewer Comments
1. Comment: One peer reviewer indicated that the proposed
designation emphasizes land ownership and proposed land use over
biological or ecological factors in determining the size and boundaries
of units. The peer reviewer replicated the process we identified in the
rule and provided an analysis of six of our proposed subunits in Units
1, 2, and 3 as support for this assertion. The peer reviewer showed
that those subunits that were on, or surrounded by, typical (non-
conservation oriented) private lands encompassed a substantially
smaller proportion of the appropriate surrounding habitat for Piperia
yadonii than those subunits that were on, or surrounded by, lands owned
by a conservation-oriented organization. The peer reviewer further
stated that an unbiased designation of critical habitat could provide
great conservation benefit to P. yadonii, as evidenced by four policies
in the County of Monterey General Plan update. These policies emphasize
conservation of designated critical habitat areas in evaluating and
approving proposed land uses. The peer reviewer recommended that we
redo the designation, focusing solely on the presence of PCEs and
eliminating any bias introduced by assigning preference to a hierarchy
of land ownership types.
Our Response: Our method for designating areas as critical habitat
was described in the proposed rule under the sections ``Criteria Used
to Identify Critical Habitat'' and ``Mapping'' and is reiterated here.
See our answer to comment 18. In determining the extent
[[Page 60411]]
of lands necessary to ensure the conservation and persistence of
Piperia yadonii, we identified all areas that contain those biological
and physical features essential to the conservation of the species.
These lands include those that are either already protected, managed,
or otherwise unencumbered by conflicting use (e.g., undeveloped County
or City parks, proposed preservation areas). These populations are most
likely to persist into the future and to contribute to the species'
survival and recovery. We also 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
organization, undeveloped County or City parks), and finally other
agency and private lands.
We agree that land use considerations were a factor used to
delineate the boundaries of some units or subunits; however, we did not
exclude from consideration any subunits based solely on land ownership.
In those cases where we determined that a site had the features
essential to the conservation of Piperia yadonii, we designated the
site (e.g., Units 2b and 7). Where a site included a mix of land
ownership (i.e., lands that were owned or proposed for conservation by
the State and lands that were not), we typically reduced the subunit to
the boundaries of the conservation-oriented lands, in an effort to
minimize the designation of lands that were private or were used or
proposed for activities that would not be conducive to conservation
(e.g., development) while ensuring that sufficient lands were
designated in each unit to enable the unit to serve its conservation
function. We ensured that our designation included areas distributed
throughout the geographic range of the species and encompassed the
habitat variation in elevation, soil types, plant communities, and
distance from the coast (inland versus coastal) present in P. yadonii
occupied habitat.
2. Comment: One peer reviewer supported our inclusion of multiple
subunits east of Highway 101 in the Prunedale Hills (Unit 3). The peer
reviewer agreed with the Service's reasons for including these subunits
(to conserve genetic variation and prevent range collapse) and further
stated that the plant community at these somewhat xeric, less coastally
influenced sites may be more stable in the long term, with slower rates
of successional conversion to oak woodland, than those sites to the
west. The peer reviewer stated that gradual, successional loss of
suitable habitat may be a significant threat over the long term and
suggested that, at a minimum, we scan high-resolution aerial
photographs of currently occupied sites to identify and delineate
regions where patches of broken canopy and scattered areas of bare
ground are visible. The peer reviewer provided historical and current
aerial photography of four subunits in chaparral and one subunit in
Monterey pine forest to support the assertion that canopy cover
throughout the range of Piperia yadonii has increased since the 1930s
and 1940s.
Our Response: We have considered the information the peer reviewer
provided and agree that increased canopy cover in the ridgetop maritime
chaparral of the Prunedale Hills may threaten Piperia yadonii by
reducing available habitat. We discussed this in the proposed rule
under the ``Background'' and ``Special Management Considerations or
Protections'' sections. Although the vegetation cover in the region in
which Unit 3 is designated may be increasing more slowly than in those
areas to the west (in the region of Units 1 and 2), the natural lands
in and around Unit 3 are also more highly fragmented and developed than
those areas west of Highway 1, around Units 1 and 2. With increasing
development, the opportunities to use vegetation management tools, such
as prescribed fire, which both reduce the vegetation canopy and alter
soil nutrient availability in ways with which the chaparral plant
community has evolved, are much reduced. Given the information we
currently have, that greater fragmentation exists and that known
population sizes of P. yadonii are generally smaller as one moves east
in Unit 3, we are not proposing to increase the size of the subunits in
Unit 3 in an attempt to capture areas of more open canopy. We have
added discussion to the description of Unit 3, recognizing the
potentially slower successional changes in Unit 3, and will consider
this information in making conservation recommendations for the entire
Prunedale Hills area.
3. Comment: Two peer reviewers questioned our decision not to
include in the critical habitat designation those areas where Piperia
yadonii populations inhabit less than 5 acres and are surrounded by
development. One peer reviewer stated that not including these smaller
populations is not conducive to the long-term conservation of the
species, because they may have large impacts on gene flow and genetic
diversity and because they can provide connectivity to larger
populations that we did include in the designation. The peer reviewer
specifically cited areas that support the Fort Ord, Skyline Drive, and
Monterey Airport populations, none of which we included in the
proposal. The peer reviewer urged the Service to work with landowners
and other entities to develop a coordinated conservation strategy for
these smaller populations.
Our Response: We recognize that all populations of Piperia yadonii
may provide conservation value to the species and we indicated this in
the proposed rule, as the Peer Reviewer acknowledged, by stating ``* *
* those populations that have become isolated as a result of
development may contribute to the conservation of the species through
educational, research, and other mechanisms, but overall have a lower
potential for long-term preservation and lesser conservation value to
the species.'' We believe that small areas with surrounding development
have a lower conservation value to the species because they are less
likely to have and maintain the features that are essential to the
conservation of the species. In general, we seek to identify the
minimum amount and optimum distribution of lands that support the PCEs
to designate as critical habitat. Therefore, we did not include all
populations in this designation.
In determining which sites to select, we concluded that those
populations that are in highly developed areas are less likely to act
as intermediaries in facilitating gene flow between populations,
because pollinators are less likely to successfully move through
residential and commercial areas to reach these islands of native
vegetation and because wind-dispersed seeds are less likely to land in
areas suitable for germination in highly fragmented landscapes. Of the
specific sites mentioned by the peer reviewer, the Monterey Airport
property and those fragmented populations along Garden Road are
surrounded by the greatest level of development. The Skyline Drive site
(California Natural Diversity Database (CNDDB) element occurrence (EO)
19) is on the Monterey Peninsula where we designated the larger
expanses of Monterey pine forest with larger populations of P. yadonii
(Subunit 6a) and those smaller sites, like Crocker Grove (Subunit 6d),
that include plant associations not represented elsewhere.
The Fort Ord site in Marina (CNDDB EO 9) had not been found in over
a decade, when a single plant was rediscovered in 2006, while we were
drafting this rule. The second, more recently discovered Fort Ord site,
near the boundary of the Monterey Airport,
[[Page 60412]]
consists of fewer than 10 plants. We recognize that the Fort Ord sites,
particularly the northern one, are geographically isolated from other
concentrations of Piperia yadonii and, if the northern site is found to
support a population, it may therefore harbor genetic diversity not
found elsewhere in the range of P. yadonii. As further information on
the genetic diversity of this species becomes available, we will
evaluate it and refine our conservation strategy for P. yadonii.
However, we cannot determine at this time that the area has the
features that are essential for the conservation of the species. 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 this reason, critical habitat
designations do not signal that habitat outside the designation is
unimportant or may not be required for recovery. We will continue to
work with landowners on the conservation of P. yadonii throughout its
range, including in those areas that are not designated as critical
habitat.
4. Comment: One peer reviewer indicated that there are substantial
gaps in the scientific information available on the genetics, seed
dispersal, plant associations, and fire ecology of Piperia yadonii. The
peer reviewer recommended that we collect this data in order to
complete the critical habitat designation and to develop management
strategies for P. yadonii. The peer reviewer provided observations on
the response of two other Piperia species in California to fire. In one
example, a small population of P. leptopetala may have been
substantially reduced in abundance by a chaparral fire and in the
other, a chaparral fire appears to have stimulated the above-ground
expression of P. cooperi.
Our Response: We recognize that information on many attributes of
the life history, genetics, and habitat needs of Piperia yadonii is
extremely limited. Our critical habitat designations are based on the
best scientific and commercial data available at the time of the
designation. As more complete information becomes available for P.
yadonii, we will incorporate it into our recovery strategy for this
species. We appreciate the information the peer reviewer provided on
fire ecology and recognize that genetic research is being conducted
that may influence our understanding of genetic diversity within P.
yadonii. While we do not develop management strategies as part of the
designation of critical habitat, we do consider site-specific
management strategies important to the conservation of the species and
work with land owners, researchers, and others, to develop and
implement them as part of the recovery process.
5. Comment: One peer reviewer recommended that we gather more
information on pollinator flight range and seed dispersal in an attempt
to determine if the critical habitat units are close enough to allow
gene flow between them.
Our Response: We have contacted several research scientists who
specialize in moths and have reevaluated the available literature on
pollinators and seed dispersal in orchids. We believe there are no
additional data available, beyond what we cited in the proposed rule,
on either the seed dispersal distances of orchids or the flight
distances of potential pollinators, that would allow us to determine
the likelihood of gene flow between critical habitat units or subunits.
While data on the flight distance of relatively large moths in the
family Sphingidae (sphinx months) exist, very few data are available on
the distances small moths may transport pollen. In our designation, we
attempted to address the need to maintain gene flow between patches of
plants that are within meters of one another. We did so by encompassing
within the same subunits (e.g., in Units 1 and 2) those patches of
Piperia yadonii plants that occur on the same ridgeline in maritime
chaparral, and by encompassing multiple patches of plants within the
same subunits (e.g., in Unit 6) in Monterey pine forest.
6. Comment: Two peer reviewers indicated that genetic diversity was
not adequately considered in the criteria used to designate critical
habitat. One peer reviewer suggested it could be considered a PCE, or
that environmental proxies could be used in the absence of information
on the spatial pattern of genetic variation in Piperia yadonii. One
peer reviewer noted that genetic research on P. yadonii is underway and
some results should soon be available.
Our Response: We agree that little is known about the spatial
pattern of genetic variation in Piperia yadonii populations, and we are
aware of, and are interested in, the genetic research on P. yadonii
being conducted. Based on the Act, PCEs are always habitat features
rather than intrinsic population characteristics. Therefore, genetic
diversity cannot be considered a PCE. However, in this designation, we
did consider that genetic variation may be a reflection of
environmental variation. We have attempted to encompass variation in
habitat, as an indicator of populations that may be exposed to
differing selective pressures, and therefore may have diverged
genetically and represent a range of genetic variation in P. yadonii.
As we discussed in the proposed rule under ``Criteria Used to Identify
Critical Habitat,'' our methods included designating sites that
encompass the range of elevational differences, plant communities, and
soil types in which P. yadonii occurs.
7. Comment: One peer reviewer stated that the designation should be
more conservation-oriented toward Piperia yadonii, given that the
species is dependent on biological associates, such as mycorhizzal
(fungal) associates, Monterey pines, and pollinators. The peer reviewer
indicated that these close associations make Piperia yadonii more
vulnerable to environmental changes, such as climate change. The peer
reviewer, therefore, recommended that the rule contain larger areas and
additional areas beyond what was included in the proposed designation.
Our Response: We recognize that relatively little specific
information exists on the relationship of Piperia yadonii to other
biological associates within its habitat and the vulnerability of those
associates to broad-scale environmental changes, such as forest
structure changes due to pathogens or climate change. We previously
funded research on P. yadonii's breeding system and pollinators in an
effort to determine the need for, and potential vulnerability of,
pollinators. This research found that P. yadonii requires pollinators
to set seed and is, therefore, highly dependent on pollinators, and
that several of the likely pollinators of P. yadonii in the Monterey
pine forest are moth species that have broad ranges and habitat
preferences. Therefore, we are less concerned about the potential for
environmental changes to affect pollinators in the Monterey pine forest
plant communities. We recognize that little is known about the relative
importance of the various species that pollinate P. yadonii, and that
virtually nothing is known about pollination of P. yadonii in maritime
chaparral. Therefore we have attempted to encompass the mosaic of
adjacent plant community types in which patches of P. yadonii occur.
Recognizing that larger sized units may potentially reduce the risk to
P. yadonii from environmental change, we have attempted to designate as
critical habitat areas of sufficient size to accommodate potential
environmental changes. We have included reference to climate change in
the discussion of how the PCEs were derived, but have not increased the
size of any units beyond what we proposed.
[[Page 60413]]
8. Comment: One peer reviewer commented that the uncertainty of
Piperia yadonii's actual range, its patchy distribution, and expected
impacts of climate change constitute sufficient justification to
designate units outside P. yadonii's known range. The peer reviewer did
not provide specific suggestions of locations that should be included.
Our Response: While we generally agree with the rationale presented
by the reviewer, we only designate critical habitat in areas outside
the geographical area occupied by the species at the time of listing
where the best available information indicates that these areas are
essential to the conservation of the species. We have included areas
throughout the range of Piperia yadonii within this designation,
although not every population has been included. Within each portion of
P. yadonii's range, we reviewed known locations and surrounding habitat
that support the PCEs. Based on our current information, we have
concluded that there are no areas outside the species' known range that
are essential to the conservation of the species and that therefore
should be included in the designation.
Comments From the Public
9. Comment: Two commenters noted the thoroughness and quality of
the technical information in the background section of the proposed
rule and in the discussion of the PCEs and generally supported a
designation of critical habitat for Piperia yadonii. However, one
commenter questioned why the proposed designation did not include all
or part of every occurrence of P. yadonii. They recommended that the
designation include all occurrences of P. yadonii and urged the Service
to add suitable unoccupied habitat to the designation.
Our Response: See response to comment 3, above.
10. Comment: Several commenters stated that the level of detail in
the maps provided was insufficient to determine what proposed areas are
included or not included in the designation, both on the Monterey
Peninsula and in northern Monterey County.
Our Response: We agree that it is often difficult to distinguish
unit boundaries based on the resolution of maps published in the
Federal Register. To provide additional clarity, we attempted to
include adequate descriptions of the units in the proposed rule. We
have reviewed those unit descriptions and have provided additional
clarifying information to them in this final designation. For example,
for units on the Peninsula, we included area names used in the
environmental impact report for the Pebble Beach Company's proposed
development (Monterey County 2005). The public can request more
explicit maps of the designation by contacting our office using any one
of the methods listed in the FOR FURTHER INFORMATION CONTACT section
listed above.
11. Comment: One commenter requested that the 6-acre portion of
Stevenson School campus be deleted from critical habitat Subunit 6a, on
the Monterey Peninsula, because the school intends to convert the
property to an athletic field for student use in the future. The
commenter states that, due to the property's small size and location,
this area is not essential to the conservation of Piperia yadonii, that
enough habitat is being conserved on the Monterey Peninsula via the
Pebble Beach Company's proposed mitigation for their development plan,
and that the inclusion of school property in the proposed designation
will have adverse impacts on the school. They provided materials
describing the school and its proposed site plan.
Our Response: As we developed the designation, we evaluated all
areas on the Monterey Peninsula that support the PCEs, including the
area owned by Stevenson School. The Monterey Peninsula is the center of
distribution of Piperia yadonii and supports over 70 percent of all
known plants. The Stevenson School property supports Monterey pine
forest contiguous with a larger extent of Monterey pine forest
encompassed within Subunit 6a. Because of its connection to other
Monterey pine forest with a natural understory, we do not consider it
too small to have the features that are essential to the conservation
of P. yadonii. Although it has abundant shrub cover in some areas, in
other areas it supports a more open herbaceous understory with
scattered patches of P. yadonii (Steeck, 2007). We evaluated the
materials submitted by the commenter and the potential economic costs
to Stevenson School from the proposed designation in our draft economic
analysis. Based on the School's proposed plans for the site, we have
decided to exclude this property from the final designation of critical
habitat (see Exclusions Under Section 4(b)(2) of the Act section below
for more information). We are available to work with Stevenson School
representatives on the conservation and recovery of P. yadonii and
their future school development plans.
12. Comment: One commenter stated that critical habitat on the
Pebble Beach Company's property should include only those areas
designated by the Pebble Beach Company for conservation purposes. They
asserted that other areas are not essential to the conservation of P.
yadonii. They provided specific recommendations for modifications to
several subunits, including excising all current and proposed roads
that pass through the subunits of Unit 6.
Our Response: We reviewed the materials submitted and grouped the
requested modifications into four categories: (a) Requests to remove
all current and proposed roads from the subunits of Unit 6; (b) small
adjustment in boundaries where the designation appeared to extend
beyond the boundaries of a proposed conservation or open space area
into, or just beyond, existing roads or the golf course; (c) requests
to remove areas supporting existing Monterey pine forest that the
commenter indicates are ``lots of record'' but that Monterey County
required be conserved, as mitigation, in the final environmental impact
report (Monterey County 2005) for the Pebble Beach Company's proposed
development; and (d) more substantial modifications, which we
individually discuss in the response to Comment 13, below.
We addressed the former three categories in the following ways:
(a) Roads: The Service does not typically map critical habitat at
this level of detail, due to the time involved in attempting to exclude
small, linear areas that lack the PCEs and would divide polygons. Lands
covered by roads or other structures that do not support the PCEs are
excluded by text in the final rule, as explained in the Mapping
section. We recognize that some roads currently exist, but that
adjustments to their current alignments are proposed that would
eliminate habitat containing the PCEs. We have excluded, under Section
4(b)(2) of the Act, proposed and existing roads in Unit 6 in
recognition of the conservation agreement signed by the Service and
Pebble Beach Company. This agreement and the exclusions are discussed
further in the section, Relationship of Critical Habitat to Approved
Management Plans--Exclusions Under Section 4(b)(2) of the Act, below.
See Summary of Changes from Proposed Rule, below, for more information.
(b) We have made some adjustments to the boundary of critical
habitat in Subunit 6a around the corporate yard (a proposed development
parcel (Monterey County 2005)), along Congress Road near the quarry
site (extension of
[[Page 60414]]
boundary over a road), and north of area I-1 (where a relatively
recently constructed structure is visible in 2005 aerial photography).
(c) We have excluded areas within Subunits 6a and 6c, including
those referred to by the Pebble Beach Company as areas F-1, J, and part
of Area L, that support the PCEs of critical habitat and are identified
as required mitigation areas, with some allowance for development, in
the FEIR for Pebble Beach Company's proposed development (Monterey
County 2005). We make these exclusions in recognition of the
conservation agreement signed by the Service and Pebble Beach Company.
This agreement and the exclusions are discussed further in the section,
Relationship of Critical Habitat to Approved Management Plans--
Exclusions Under Section 4(b)(2) of the Act, below. See Summary of
Changes from Proposed Rule, below, for more information.
13. Comment: A commenter representing the Pebble Beach Company
suggested that we consider that two areas included in Unit 6 of the
proposal, Indian Village/Area L (Subunit 6c) and Area B (Subunit 6e),
contain greater shrub cover or riparian habitat than Piperia yadonii
typically prefers. They also recommended we remove a portion of Subunit
6a referred to as Area D and reduce Unit 4 (Aguajito), to encompass
only the suitable low-growing maritime chaparral habitat contiguous
with the existing occurrence.
Our Response: We have retained both Area B and its adjacent
forested areas in Subunit 6e, as well as part of Area L and adjacent
forest (Indian Village) in subunit 6c in this designation, because they
contain the PCEs for Piperia yadonii. We have concluded that these
areas have the features that are essential to conserve P. yadonii. We
have excluded 2 ac (0.8 ha) of Subunit 6e (Area B) and about 9 acres (4
ha) of Area L in recognition of the overall benefits that designated
critical habitat areas will receive under the conservation agreement
signed by the Service and the Pebble Beach Company (see the section
Relationship of Critical Habitat to Approved Management Plans--
Exclusions Under Section 4(b)(2) of the Act below for a discussion of
this exclusion).
For Unit 4 (Aguajito), we have reviewed the habitat proposed in the
subunits and have considered the unique nature of the maritime
chaparral on the shale and sandstone-derived soils within a large
expanse of maritime chaparral and Monterey pine forest and concluded
that the subunits we are designating contain the features essential to
the conservation of P. yadonii. However, we have excluded 49 acres of
this unit in recognition of the overall benefits that Unit 4 will
receive under the conservation agreement signed by the Service and the
Pebble Beach Company (see the section Relationship of Critical Habitat
to Approved Management Plans--Exclusions Under Section 4(b)(2) of the
Act below for a discussion of this exclusion).
We have reviewed the habitat in subunit 6a, Area D, and agree with
the commenter that it does not contain the features essential for the
conservation of Piperia yadonii. We conclude that the dominance of
coast live oak and open canopy with relatively few Monterey pines makes
it less suitable for P. yadonii. Therefore, we have removed 35 ac (14
ha) of Subunit 6a that do not contain the PCEs from this final critical
habitat designation. See Summary of Changes from Proposed Rule, below,
for more information.
14. Comment: Three commenters recommended expansion of Subunit 6a
to include Area F-2, about 17 acres (7 ha) in Area F3, and an
additional 13 ac (5 ha) of Area PQR, as defined in the Pebble Beach
Company's proposed development.
Our Response: We did not propose or designate Areas F-2, most of F-
3, or the 13 ac (5 ha) in PQR because these locations support fewer
Piperia yadonii plants compared to other locations in the Del Monte
Forest that we are designating as critical habitat. These areas are
also proposed for development by the Pebble Beach Company. Although we
proposed conservation area F-1 as critical habitat, it is part of the
exclusion we are making in this final designation, based on the
conservation agreement we have signed with the Pebble Beach Company.
See the section Relationship of Critical Habitat to Approved Management
Plans--Exclusions Under Section 4(b)(2) of the Act below for a
discussion of this exclusion. Please also see our response to Comment 1
and 18.
15. Comment: One commenter suggested that the Service should expand
Subunit 6b to include all of Area MNOUV, which supports one of the two
largest occurrences of Piperia yadonii known to exist. Area MNOUV is
the name given to the collective areas that support 116 acres of
Monterey pine forest and are proposed for development as a golf course
by the Pebble Beach Company. The commenter referred to language in our
proposed designation in which we indicated that the conservation role
of P. yadonii critical habitat units is to support viable core
populations. The commenter stated that Area MNOUV supports one of two
viable core populations on the Peninsula and, as such, the Service
should follow its own guidelines and include it in the designation.
Our Response: Please see our response to Comment 18 for a
description of how we designated critical habitat. We recognize that
Subunit 6b is just one part of the large Piperia yadonii population
found in Area MNOUV. Area MNOUV supports one of the two largest
occurrences known to exist and is distributed within the second largest
expanse of Monterey pine forest known to support P. yadonii. However,
the Service determined the area did not have the features that are
essential to the conservation of the species. We determined the
quantity and spatial characteristics of habitat needed for
conservation, and this area was determined not to meet the definition
of critical habitat. Please also see our response to Comment 1.
16. Comment: One commenter asked if Subunits 3b and 3c were
verified to support Piperia yadonii.
Our Response: According to data supplied by the California
Department of Transportation (Caltrans) during the preparation of the
proposed rule (Robison 2006), populations of Piperia yadonii in
Subunits 3b and 3c were visited while in flower and were verified to
support the species.
17. Comment: One commenter provided observations of habitat and
population conditions of Piperia yadonii in and around Subunit 3a and
suggested the designation be expanded to include a site near Subunit 3a
that may contain many more P. yadonii than previously documented. The
commenter stated that the planning process for the parcel where the
population occurs did not appear to involve adequate surveys for P.
yadonii, because the surveys were conducted during the fall. The
commenter provided suggestions for protecting this site.
Our Response: We appreciate the technical information supplied and
have incorporated it into the discussion of Subunit 3a, where
appropriate. The population in question near Subunit 3a should be
surveyed to get a positive identification of the Piperia species
occurring there. Because we cannot determine at this time that the area
meets the definition of critical habitat, we are not designating it in
this final rule. The process of designating critical habitat does not
involve the creation of preserves or management strategies; however, we
frequently provide conservation recommendations to local agencies, and
work with Federal
[[Page 60415]]
agencies through the section 7 consultation process, as we promote
recovery of listed species. We will consider the technical information
and suggestions provided by the commenter in planning and implementing
recovery for this species.
Comments Related to the Draft Economic Analysis
18. Comment: The Draft Economic Analysis (DEA) fails to present a
baseline that describes the conditions that would exist in the absence
of critical habitat designation. Specifically, NPCC commented that the
DEA estimated a large portion of the costs would be incurred by the
Pebble Beach Company (PBC), but PBC would incur these costs with or
without designation. While the DEA ``directly attributed'' PBC's costs
of invasive species control to designation, invasive species control
provides many benefits, is required by CEQA, and was conducted in all
areas, whether or not the species was present. Others commented that
the DEA attributes delays to the designation that might be due to other
sources.
Our Response: The Final Economic Analysis (FEA) includes an
Appendix which describes impacts expected to result because of the
designation of critical habitat. That is, the Appendix presents the
incremental impacts that would not be expected to occur in the absence
of critical habitat. This appendix recognizes that most of the impacts
quantified as coextensive impacts in the report are expected to occur
regardless of the designation of critical habitat.
19. Comment: The DEA makes no attempt to estimate how many projects
or actions would involve a Federal nexus in the 20-year analysis and
that the FEA should base estimates on such a prediction.
Our Response: Appendix A of the FEA identifies projects that
involve a Federal nexus to estimate the incremental impacts of the
designation apart from the coextensive impacts quantified in the DEA.
20. Comment: It is unlikely that the restriction on development in
unit 2b is due to the proposed rule. It is also unlikely that the
development in unit 2b would have been completely prevented.
Our Response: The DEA does not attribute these impacts from lost
development to the proposed rule, but describes them as impacts
``coextensive'' with the designation of critical habitat. The FEA
includes an Appendix describing incremental impacts. As described in
Appendix A, the foregone development impacts in unit 2 are not
considered to be incremental impacts of the critical habitat
designation. Further, in the specific case of the proposed development
in unit 2b, the FEA omits most of the impact from lost development that
was originally included in the DEA, as information suggests it is
unlikely that the entity will be prevented from developing.
21. Comment: To estimate the cost of delay, the DEA solely relies
on conversations with the developer and uses an interest rate of
fifteen percent without explanation.
Our Response: The DEA relied as much as possible on the County
Planning and Building Department to determine what development had
occurred in the past, what development was currently under review, and
what development was planned for the future. The developer provided
reasonable estimates of delay time. An interest rate of fifteen percent
is a standard interest rate used to calculate the risk adjusted cost of
capital to private developers.
22. Comment: The DEA estimates on page 34 and 44 costs to PBC of as
much as $4.5 million associated with invasive species control.
Commenter states that it is unclear how the overall $4.5 million figure
was determined.
Our Response: The DEA does not include any estimated impacts of
$4.5 million as described. Total impacts to the PBC over 20 years in
undiscounted dollars of invasive species removal efforts is estimated
to be $0.97 million in units 4 and 5 (see page 34 of the DEA) and $2.87
million in unit 6 (see page 44 of the DEA). As cited in footnotes 92
and 104 of the DEA, impacts to the PBC are based on annual budget
estimates provided by PBC.
23. Comment: Commenter states that the DEA does not evaluate the
evidence the Stevenson School provided on the large adverse impacts to
the School. The commenter also noted that DEA does not comply with the
Regulatory Flexibility Act (RFA) or Small Business Regulatory Fairness
Act (SBREFA) as it does not adequately analyze the impacts to the
Stevenson School.
Our Response: The FEA incorporates the previous comments made by
the Stevenson School and evaluates impacts of piperia conservation on
the School. Section V.F of the FEA estimates impacts to range from
$0.006 million to $9.2 million (present value, three percent discount
rate) as a result of possible restrictions on the implementation of the
School's Master Plan. The FEA also considers the impacts to the
Stevenson School in the RFA and SBREFA.
Comments from the State
24. Comment: The California Coastal Commission questioned why the
critical habitat designation on the Monterey Peninsula did not include
any areas proposed for development by the Pebble Beach Company,
including that part of the Monterey pine forest that supports roughly
one-third of the known population of Piperia yadonii and is proposed
for a golf course. The Coastal Commission noted that the Service
provided no biological justification for the absence of this area in
the designation. They recommended that the critical habitat be redrawn
to include Monterey pine forest areas on the Monterey Peninsula that
support P. yadonii and its habitat.
Our Response: During the process of selecting critical habitat
boundaries, we determined the PCEs for the species, and identified the
quantity and spatial characteristics of PCEs needed for conservation.
These are the physical and biological features essential to the
conservation of the species. In determining the appropriate spatial
arrangement of PCEs, we identified areas where there were conflicts
with development projects and assessed the likelihood of the species'
persistence and recovery absent designation of those areas. We
determined that there was sufficient habitat for the species
conservation without these lands. Therefore, our critical habitat
designation does not include Pebble Beach Company development lands.
We used a multi-step process to identify and delineate critical
habitat units. First, we reviewed and mapped all known occurrences of
Piperia yadonii, using the best available information. Next, we
determined the physical and biological features essential to the
conservation of the species. To do this we defined the PCEs and then
determined which areas contain PCEs that are essential to the
conservation of the species. We evaluated which occupied areas were
most likely to contribute to the long-term persistence of the species.
We focused on locations with larger occurrences in larger areas of
contiguous native habitat (greater than 5 acres (2 ha), see below) that
are more likely to support intact ecosystem processes and biotic
assemblages, provide areas for population growth, and opportunities for
colonization of adjacent areas. We then selected sites with the PCEs
that: (a) Represented the geographic range of the species; (b) captured
peripheral populations; (c) included the range of plant communities and
soil types in which P.
[[Page 60416]]
yadonii is found; (d) encompassed the elevation range over which the
species occurs; and (e) maintained the connectivity of occurrences that
grow on continuous ridgelines. From these areas we selected populations
are most likely to persist into the future and to contribute to the
species' survival and recovery. Other areas that we determined to have
the PCEs, that were not included in the proposed designation or this
final designation, did not have the features that are essential to the
conservation of the species. For more information on how critical
habitat was determined, see Criteria Used To Identify Critical Habitat
section, below.
Summary of Changes From Proposed Rule
In preparing the final critical habitat designation for Piperia
yadonii, we reviewed and considered comments from the public and peer
reviewers on the proposed designation of critical habitat published on
October 18, 2006 (71 FR 61546), and public comments on the draft
economic analysis published on August 7, 2007 (72 FR 44069). As a
result of comments received on the proposed rule and the DEA, and a
reevaluation of the proposed critical habitat boundaries, we made
changes to our proposed designation, as follows:
(1) Based on exclusions under section 4(b)(2) of the Act, we
reduced the size of several subunits of Unit 6 on the Monterey
Peninsula and both subunits of Unit 4 (Aguajito) as discussed in
responses to Comments 12 and 13 and in recognition of the development
of a conservation agreement signed by the Service and the Pebble Beach
Company. Collectively, this resulted in a reduction of Unit 6 from
1,059 acres (428 ha) to 920 acres (372 ha) and Unit 4 from 157 acres
(63.5 ha) to 108 acres (43.7 ha). The acreages of the changes are
provided in Table 2. We also excluded the Stevenson School for economic
reasons. Further discussion of the conservation agreement and
exclusions under the Act can be found later in this document starting
with the section Application of Section 4(a)(3) and Exclusions Under
Section 4(b)(2) of the Act.
(2) We added the names of parcels of land, where available, to the
unit descriptions, to help readers understand the boundaries of the
designation, given the rather low resolution of the maps. We added
technical information, as discussed in the comments, to the
descriptions of Unit 3.
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.
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 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 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)).
Unoccupied areas can be designated as critical habitat. However, we
will designate unoccupied areas only when the best available scientific
data demonstrate that the conservation needs of the species require
additional areas.
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 of Piperia yadonii, 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
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available to these planning efforts calls for a different outcome.
Methods
As required by section 4(b)(2) of the Act, we use the best
scientific data available in determining areas that contain features
that are essential to the conservation of Piperia yadonii. 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 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, the recovery plan for
P. yadonii, and information received from local species experts. We did
not designate as critical habitat any areas outside the geographical
area occupied by the species at the time of listing.
The range of Piperia yadonii extends through Monterey County from
the Las Lomas area near the Santa Cruz County border in the north to
approximately 15 miles (25 kilometers) south of the Monterey Peninsula
near Palo Colorado Canyon (Morgan and Ackerman 1990, 208-210; Allen
1996, unpaginated). This range has been divided into the following five
geographic areas for the purposes of recovery planning efforts: (1) The
Monterey Peninsula; (2) the area interior of the Monterey Peninsula;
(3) northern Monterey County-Prunedale-Elkhorn; (4) the Point Lobos
Ranch area; and (5) the Palo Colorado Canyon area (USFWS 2004, pp. 16-
26, 50-52). We make reference to these geographic areas when describing
the locations of P. yadonii populations and lands in this critical
habitat designation.
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 or 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 PCEs required for Piperia yadonii are derived from the
biological needs of P. yadonii as described in the Background section
of the proposed rule and below.
Space for Individual and Population Growth, Including Sites for Seed
Dispersal and Germination
Piperia yadonii depends on adequate space for growth, reproduction
between near and far neighbors, and for movement of seeds via wind to
unoccupied microsites within populations, to population boundaries, and
to new sites. Once dispersed, seeds must settle into sites with
characteristics appropriate for germination, including the presence of
fungal associates necessary for post-germination development. Maritime
chaparral and pine forest communities in which P. yadonii and its
fungal symbionts occur, exhibit considerable variability in vegetation
density, species composition, and unvegetated gaps such that microsites
appropriate for germination and growth are distributed unevenly
throughout this mosaic.
Plant communities such as maritime chaparral, Monterey pine forest,
and coast live oak woodland are dynamic; in the absence of fire,
maritime chaparral succeeds to oak woodland in mesic sites and to low-
diversity stands of large old-age manzanitas in drier sites (Van Dyke
et al. 2001). The patchy distribution of P. yadonii in a given forest
or chaparral site in a single year is a reflection of the habitat
conditions at that particular time. Habitat sites that contain the same
soil characteristics and plant community may become suitable and
occupied in future decades as vegetation structure changes due to shrub
or tree death and growth or herbivore population sizes or movements. In
the same manner, a currently occupied location may diminish in value
due to these changing conditions. The mosaic of vegetation height,
density, and species composition in a given area provides opportunities
for gene flow between occurrences of P. yadonii through seed dispersal
on prevailing winds, and promotes continuation of ecosystem processes,
such as the biological interactions necessary to maintain forest canopy
and dominant manzanita species, and pollinator assemblages.
Maintaining large and small populations of Piperia yadonii is
essential for the long-term conservation of the species. Large
occurrences of plants and those with higher densities of individuals
are more likely to attract insect pollinators necessary for the
production of viable seed and promote gene flow (Kunin 1997, p. 232-
233) and 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. Small populations of plants 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 1995, pp. 172-175).
Nutritional and Physiological Requirements, Including Light and Soil
Requirements
Piperia yadonii occurs in maritime chaparral, a coastal shrub
association dominated by endemic species of manzanitas. It is most
often found on ridges where exposed sandstone or decomposed granitic
soils are shallow and where the dominant manzanita species are low-
growing (preliminary measurements indicate an average of 6 inches (15
centimeters) tall (Graff 2006, pp. 5-6)), allowing P. yadonii leaves to
receive filtered sun and the inflorescence to extend above the
decumbent manzanita branches. In the Elkhorn-Prunedale area, the
transition from the low-growing manzanitas of the ridgetops to the
surrounding slopes that support deeper soils and higher vegetation
canopies is often abrupt (Van Dyke et al. 2001, p. 222).
Although Piperia yadonii grows among manzanitas, the specific
manzanita species vary among the geographic areas within the species
range. Hooker's manzanita (Arctostyphylos hookeri ssp. hookeri) is the
manzanita species with which P. yadonii most commonly grows at its most
northern distribution in the hills around Prunedale. Pajaro manzanita
(A. pajaroensis) and chamise (Adenostoma fasciculatum) are other
dominant shrubs in maritime chaparral there. On and south of the
Monterey Peninsula, several manzanitas (A. hookeri, A. tomentosa, and
A. glandulosa ssp. zacaensis) are reportedly the dominant shrubs among
which it grows (Graff 2006, p. 4; EcoSystems West 2006, p. 64). Other
species of manzanita (A. glandulosa) and manzanita hybrids are
[[Page 60418]]
the dominant low-growing forms at the southernmost occurrence of P.
yadonii near Palo Colorado Canyon, where Hooker's manzanita is absent
(Norman 1995, Graff 2006, p. 4).
In Monterey pine forest, Piperia yadonii grows through pine needle
duff where the native herbaceous vegetation cover is typically sparse,
but diverse, and the Monterey pine canopy is of moderate density (20 to
70 percent on the Monterey Peninsula), providing filtered sunlight to
the forest floor (EcoSystems West 2006, pp. 43, 62-68). The understory
plant species most frequently associated with P. yadonii in the
Monterey pine forest are the perennial herb common sanicle (Sanicula
laciniata), leafy bent grass (Agrostis pallens), and spindly forms of
bush monkey flower (Mimulus aurantiacus). In a habitat characterization
of P. yadonii on the Monterey Peninsula, microsites occupied by P.
yadonii had five times greater cover by other native geophytes
(perennial plants with underground storage organs, such as bulbs,
tubers, or corms), such as golden brodiaea (Tritelia ixiodes), blue
dicks (Dichelostemma capitatum), and mariposa lilies (Calochortus spp.)
than did microsites lacking P. yadonii. Where a maritime chaparral
understory exists with scattered pines, P. yadonii occurs with other
native herbs in gaps between the shrubs. It occurs in similar gaps
associated with trails and fire roads in the Bishop pine-Gowen cypress
forest stand within the Monterey pine forest on the Monterey Peninsula.
It is not typically found in areas with a coast live oak canopy or
those with high understory cover of shrubs or vines (EcoSystems West
2006, pp. 50-51, 62-68).
It is likely that in some areas the composition and cover of the
Monterey pine herbaceous understory may remain relatively stable for
decades due to abiotic factors (e.g., soils, hydrology); in others,
these appropriate microhabitats may be ephemeral, disappearing as
shrubs establish or increase in size and appearing elsewhere when
understory fire; burrowing, trailing, and browsing animals; or shrub
death, create new gaps. Areas should be of sufficient size to sustain
the plant communities in which Piperia yadonii grows, given that
climate change may eventually alter forest composition (and thus
availability of filtered sunlight), available soil moisture, and
mycorrhizal associates (Perry et al. 1990, pp. 266-274; Field et al.
1999, pp. 1-3; Noss 2001, pp. 581-586).
Although soils supporting native mycorrhizal symbionts are believed
to be a requirement for successful growth in Piperia yadonii, this is
not a habitat feature easily observable in the field or about which we
have specific information. Therefore, we have not included it as a
primary constituent element for P. yadonii, but assume that mycorrhizal
associates will be represented in areas that encompass appropriate
vegetation and soils.
Piperia yadonii occupies soils that are primarily characterized as
sands, fine sands, and sandy loams by the Soil Conservation Service
mapping (United States Department of Agriculture (USDA) 1978, maps;
EcoSystems West 2006, pp. 23-26). Soils where P. yadonii occurs in the
Monterey pine forest are typically characterized as sands, rather than
loams and, on the Monterey Peninsula, are frequently underlain by a
claypan that is 1 to 5 feet (0.3 to 1.5 m) below the surface (USDA
1978, pp. 53-54; Jones and Stokes Associates 1994b, pp. 16-21;
EcoSystems West 2006, pp. 23-26)). In a comparison of Monterey pine
forest sites on and east of the Monterey Peninsula, P. yadonii was
present in soils that tended to have lower organic matter, lower
nutrient levels, and lower summer soil moisture levels than areas where
it was absent (EcoSystems West 2006, pp. 43, 59-61). It is not known if
P. yadonii actually prefers nutrient-poor soils or if it is unable to
compete with the denser understory vegetation found on more nutrient-
rich soils. The presence of P. yadonii is correlated with the drier of
the forest soils. It is not found in riparian areas or wetlands on the
Monterey Peninsula (Allen, unpaginated; EcoSystems West 2006, pp. 59-
61, 64-65).
In the maritime chaparral at its northern distributional limit,
Piperia yadonii occurs on ridges supporting shallow, weathered, sandy
soils with sandstone outcrops, where shrubs are small-statured (USDA
1978, pp. 10-11; Allen 1996 unpaginated; Graff 2006, p. 4). The average
shrub canopy height in areas where P. yadonii occurs on these ridges is
about 6 inches, according to preliminary sam