Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Monterey Spineflower (Chorizanthe pungens var. pungens), 1525-1554 [08-6]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 73, Number 6 (Wednesday, January 9, 2008)]
[Rules and Regulations]
[Pages 1525-1554]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-6]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R8-ES-2007-0026; 92210-1117-0000; ABC Code: B4]
RIN 1018-AU83


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are 
designating revised critical habitat for the threatened Monterey 
spineflower (Chorizanthe pungens var. pungens) under the Endangered 
Species Act of 1973, as amended (Act). In total, approximately 11,055 
acres (ac) (4,475 hectares (ha)) fall within the boundaries of this 
revised critical habitat designation. The revised critical habitat is 
located in Santa Cruz and Monterey counties, California.

DATES: This rule becomes effective on February 8, 2008.

ADDRESSES: Comments and materials we received, as well as supporting 
documentation we used in the preparation of this final rule, are 
available for public inspection, by appointment, during normal business 
hours at the Ventura Fish and Wildlife Office, 2493 Portola Road, Suite 
B, Ventura, CA 93003 (telephone 805-644-1766). The final rule, economic 
analysis, and more detailed maps are also available on the Internet at 
https://www.fws.gov/ventura.

FOR FURTHER INFORMATION CONTACT: Connie Rutherford, Listing and 
Recovery Coordinator for Plants, Ventura Fish and Wildlife Office (see 
ADDRESSES), (telephone 805-644-1766, ext. 306; facsimile 805-644-3958). 
If you use a telecommunications device for the deaf (TDD), call the 
Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Background

    It is our intent to discuss only those topics directly relevant to 
the designation of revised critical habitat in this rule. For more 
detailed background information on the appearance, seed ecology, 
habitat requirements, and the historical and current distribution of 
Chorizanthe pungens var. pungens, refer to the proposed revised 
critical habitat designation published in the Federal Register on 
December 14, 2006 (71 FR 75189), and the previous final designation of 
critical habitat for C. p. var. pungens published in the Federal 
Register on May 29, 2002 (67 FR 37498). Additional information on C. p. 
var. pungens is also available in the final listing rule published in 
the Federal Register on February 4, 1994 (59 FR 5499).
    Chorizanthe pungens var. pungens is an annual species in the 
buckwheat family (Polygonaceae). It is a low-growing herb that is soft-
hairy and grayish or reddish in color, with white-to rose-colored 
flowers. It produces one seed per flower, and depending on the vigor of 
an individual plant, dozens to over one hundred seeds can be produced 
(Abrams 1944, F35-1; Fox et al. 2006, pp. 162-163). Seed dispersal in 
C. p. var. pungens is likely facilitated by hooked spines on the 
structure surrounding the seed. In the Chorizanthe genus, these are 
believed to attach to passing animals and disperse seed between plant 
colonies and populations (Reveal 2001, unpaginated). Wind also 
disperses seed within colonies and populations.

Previous Federal Actions

    On May 29, 2002, we designated critical habitat for Chorizanthe 
pungens var. pungens on approximately 18,829 acres (ac) (7,620 hectares 
(ha)) of land in Santa Cruz and Monterey counties, California (67 FR 
37498). In March 2005, the Homebuilders Association of Northern 
California, et al., filed suit against the Service (CV-013630LKK-JFM) 
challenging final critical habitat rules for several species, including 
Chorizanthe pungens var. pungens. In March 2006, a settlement was 
reached that requires the Service to re-evaluate five final critical 
habitat designations, including critical habitat designated for

[[Page 1526]]

C. p. var. pungens. The settlement stipulated that any proposed 
revisions to the C. p. var. pungens designation would be submitted to 
the Federal Register for publication on or before December 7, 2006, and 
a final determination by December 7, 2007. We published the proposed 
revisions to the critical habitat designation for C. p. var. pungens in 
the Federal Register on December 14, 2006 (71 FR 75189), and accepted 
public comments on the proposed revisions until February 12, 2007. This 
final rule completes the Service's obligation regarding this species 
under the March 2006 settlement agreement.
    On October 16, 2007, we published a notice announcing the 
availability of the draft economic analysis and reopening the public 
comment period on the revised proposed rule (72 FR 58618). This comment 
period closed on October 31, 2007. For more information on previous 
Federal actions concerning Chorizanthe pungens var. pungens, refer to 
the three documents we previously published in the Federal Register and 
identified above in this ``Previous Federal Actions'' section.

Summary of Comments and Recommendations

    We requested written comments from the public on the proposed 
revised designation of critical habitat for Chorizanthe pungens var. 
pungens in the revised proposed rule published on December 14, 2006 (71 
FR 75189) and again in a subsequent notice of availability of the draft 
economic analysis published in the Federal Register on October 16, 2007 
(72 FR 58618). We also contacted appropriate Federal, State, and local 
agencies; scientific organizations; and other interested parties and 
invited them to comment on the revised proposed rule.
    During the comment period that opened on December 14, 2006, and 
closed on February 12, 2007, we received five comment letters directly 
addressing the proposed revised critical habitat designation: Three 
from peer reviewers, and two from organizations or individuals. During 
the comment period that opened on October 16, 2007, and closed on 
October 31, 2007, we received two comment letters addressing the 
proposed revised critical habitat designation and the draft economic 
analysis. Of these latter comments, one was from a landowner, and one 
was from an individual. Of the seven total letters, two commenters 
expressed support for a designation of critical habitat for Chorizanthe 
pungens var. pungens, two opposed part or all of the designation of 
critical habitat for this taxon, and three letters included comments or 
information but did not express support or opposition to the proposed 
revised critical habitat designation. Comments we received are 
addressed in the following summary and incorporated into this 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 
of the peer reviewers. The peer reviewers provided additional 
information, clarifications, and suggestions to improve the revised 
final critical habitat rule.
    We reviewed all comments we received from the peer reviewers and 
the public for substantive issues and new information regarding 
critical habitat for Chorizanthe pungens var. pungens, and we address 
them in the following summary.

Peer Reviewer Comments

    (1) Comment: One peer reviewer noted that we had reduced the size 
of the units in the proposed revised designation as compared to the 
2002 designation. The reviewer questioned why the northernmost area of 
Unit 2 has been divided into 2 subunits that are no longer continuous 
along the coastline. The commenter noted that the separation between 
the 2 northern subunits seemed artificial because appropriate habitat 
is continuous along that stretch of coastline.
    Our Response: We used a multi-step process to identify and 
delineate critical habitat units. First we mapped all California 
Natural Diversity Database (CNDDB) records and additional records from 
recent surveys that have been reported to the CNDDB but have not yet 
been entered into their database in a Geographic Information System 
(GIS) format. We then selected sites from among this data set that 
contain the physical and biological features essential to the 
conservation of C. p. var. pungens, that may require special management 
considerations or protection, and would result in a designation that: 
(a) Represents the geographical range of the species, and captures 
peripheral populations; (b) encompasses large occurrences in large 
areas of contiguous native habitat, as these have the highest 
likelihood of persisting through the environmental extremes that 
characterize California's climate and of retaining the genetic 
variability to withstand future introduced stressors (e.g., new 
diseases, pathogens, or climate change); (c) includes the range of 
plant communities and soil types in which Chorizanthe pungens var. 
pungens is found, (d) maintains connectivity of occurrences; (e) 
maintains the disturbance factors that create the openings in 
vegetation cover on which this taxon depends; and (f) provides for the 
sufficient quantity and spatial arrangement of the primary constituent 
element (PCE) to provide for the conservation of the species.
    Once we identified all areas that contain the physical and 
biological features essential to the conservation of the species, we 
focused first on those areas that were either already protected, 
managed, or unencumbered by conflicting use (e.g., undeveloped County 
or City parks) or otherwise best suited for future conservation (e.g., 
proposed preservation areas). Populations in these areas are most 
likely to persist into the future and to contribute to the species' 
survival and recovery. We prioritized our selection in the following 
manner: First we included undeveloped Federal and State lands, then 
local agency and private lands with recognized resource conservation 
emphasis (e.g., lands owned by a conservation-oriented, non-profit 
organization, or undeveloped County or City parks), and finally other 
agency and private lands.
    Based on the comments received by the peer reviewer, we have 
reviewed the biological information available for the lands in and 
adjacent to the northern two subunits of Unit 2 (Moss Landing Unit). 
Approximately 224 ac (91 ha) of State lands containing the essential 
features for Chorizanthe pungens var. pungens occur along this stretch 
of coastline, within Zmudowski and Moss Landing State Beaches. Of the 
26 ac (10.5 ha) of land that occurs between the two northernmost 
subunits of Unit 2, 6 ac (2.4 ha) are county-owned and 20 ac (8.1 ha) 
are privately owned. The habitat between the two northernmost subunits 
contains the features essential for the conservation of C. p. var. 
pungens, is occupied by the species, and together with the State lands 
on either side, provides one contiguous block of coastal habitat for 
the species. The 26 ac (10.5 ha) of habitat were included in our 
previous critical habitat designation of 2002 and protection of this 
coastal area is identified in the Recovery Plan for C. p. var. pungens 
as one of the criteria to recover and de-list the species. We conclude 
that the 26 acres (10.5 ha) of

[[Page 1527]]

land between the two northernmost subunits of Unit 2 are essential to 
the conservation of C. p. var. pungens and have included the lands in 
the final revised designation.
    (2) Comment: Two peer reviewers commented on the response of 
Chorizanthe pungens var. pungens to human-caused disturbance. One peer 
reviewer commended the Service for distinguishing between human-caused 
disturbance that results in unvegetated openings (e.g., roadsides or 
trails) that may be colonized by C. p. var. pungens and openings caused 
by animals or other non-human factors in ecologically intact, dynamic, 
dune communities. This reviewer described observations made at Moss 
Landing Marine Laboratories where biologists distributed seeds of C. p. 
var. pungens in dune soils disturbed by construction. Although these 
attempts resulted in initially large numbers of flowering C. p. var. 
pungens, the numbers declined substantially over the following 6 years, 
even though there appeared to be sufficient bare ground for the 
persistence of C. p. var. pungens. The other peer reviewer indicated 
that from her 10 years of experience with C. p. var. pungens it is 
clear that human-caused disturbances, such as roads and trails, are 
soon invaded by nonnative, invasive plants, which compete with C. p. 
var. pungens. The peer reviewer suggested that invasive, nonnative 
plants must be controlled on roads and trails to prevent a decline in 
C. p. var. pungens, and that if roads and trails are not needed they 
should be restored to a condition where openings between shrubs are 
free of nonnative plant species.
    Our Response: We appreciate the information provided by the peer 
reviewers and have provided clarifications in the section titled 
``Criteria Used to Identify Critical Habitat'' in this final rule in 
response to their comments.
    (3) Comment: One peer reviewer indicated that the area for Unit 8 
(Fort Ord) is an overestimate of area actually occupied by Chorizanthe 
pungens var. pungens. The reviewer noted that the proposed unit 
contains high quality habitat for C. p. var. pungens in some areas, 
while other areas support a high cover of perennials or have been 
invaded by nonnative plant species.
    Our Response: We recognize that the area of Unit 8 (Fort Ord Unit) 
exceeds the area currently documented to be occupied by Chorizanthe 
pungens var. pungens because, due to mapping limitations and scale, it 
does not exclude intervening, currently unoccupied habitat. Unit 8 
contains multiple populations of C. p. var. pungens within a mosaic of 
oak woodland, coastal sage scrub, and maritime chaparral where the soil 
and vegetation structure currently provide the open conditions suitable 
for its growth and reproduction (i.e., the primary constituent 
element). Over time, the locations of suitable habitat will change as 
some maritime chaparral stands age, resulting in a continuous 
vegetation canopy, while other openings are created through shrub 
death, prescribed fire, or animal use. The size and configuration of 
Unit 8 is designed to accommodate the ephemeral and successional nature 
of any given opening in its ability to support C. p. var. pungens and 
the value of habitat management at a landscape scale.
    (4) Comment: One peer reviewer noted the fragmented configuration 
of the proposed revised critical habitat and indicated that this 
configuration will require specific management actions to reduce the 
detrimental effects of fragmentation so that critical habitat can 
provide for the conservation of the species.
    Our Response: We recognize that, in many cases, development has 
already resulted in a discontinuous distribution of lands supporting 
the physical and biological features essential for the conservation of 
Chorizanthe pungens var. pungens. In cases where public lands 
supporting the essential features are contiguous, we have tried to 
designate those lands within the same critical habitat unit or subunit. 
For example, Unit 8 (Fort Ord) consists of public lands supporting the 
essential features over a relatively large area, unfragmented by 
development. This lack of intervening development improves the 
likelihood that future management will be able to promote multiple, 
large areas of the relatively open, maritime chaparral plant community 
that is suitable for C. p. var. pungens. We recognize that specific 
management actions will likely be needed in some of the designated 
units to overcome the disadvantages of habitat fragmentation.
    (5) Comment: One peer reviewer commented that it was not clear why 
the Del Rey Oaks unit from the 2002 final designation was not included 
in the 2006 proposed revised critical habitat designation.
    Our Response: As we indicated in the revised proposed rule, the 
previously designated Del Rey Oaks unit contains substantial areas that 
have continued to be developed since 2002, and, as a consequence, the 
areas within the unit that contain the PCE for Chorizanthe pungens var. 
pungens are very fragmented. Therefore, the PCE is no longer in the 
spatial arrangement and quantity necessary to be considered essential 
to the conservation of the species. As we noted in our response to 
Comment 1, in determining which areas to include in critical habitat, 
we first identified all areas which contain the PCE for the species in 
sufficient quantity and spatial arrangement and are either already 
protected, managed, or unencumbered by conflicting use (e.g., Federal 
lands, undeveloped County or State parks, proposed preservation areas). 
These areas are the focus for our designation, as they generally 
consist of higher quality habitat that is most likely to persist into 
the future. The Del Rey Oaks unit designated in the 2002 final rule is 
in close proximity to the much larger Fort Ord unit (Unit 8). We 
determined that the Fort Ord unit, which encompasses a large amount of 
unfragmented public land that supports the essential physical and 
biological features, contains sufficient areas containing the PCE laid 
out in the appropriate quantity and spatial arrangement to provide for 
the conservation of C. p. var. pungens in this area.
    (6) Comment: One peer reviewer commented that mowing can be an 
appropriate management tool where nonnative annual grasses have 
invaded, if mowing is done at the proper time and height to remove 
annual grass seedheads prior to their maturity, while leaving the low-
growing Chorizanthe pungens var. pungens intact.
    Our Response: We agree that where nonnative grasses are abundant, 
mowing could potentially be designed to avoid Chorizanthe pungens var. 
pungens, while removing maturing grasses prior to seed maturity. We 
have revised the text under the ``Primary Constituent Elements'' 
section, below, to reflect this.
    Public Comments
    (7) Comment: One commenter recommended that two additional areas 
occupied by Chorizanthe pungens var. pungens be included in the 
critical habitat designation. One of these is Armstrong Ranch, which 
the commenter indicated would provide a connection between Units 3 and 
8 in the proposed revised designation. The other site is a population 
at the summit of North Rodeo Gulch Road, northwest of Soquel in Santa 
Cruz County, which the commenter indicated supports the northernmost 
population of C. p. var. pungens.
    Our Response: In designing this critical habitat designation, we 
sought to include locations throughout the range of the species that 
encompass the variation in soil type, vegetation

[[Page 1528]]

communities, elevation, and coastal influences of sites where 
populations of Chorizanthe pungens var. pungens occur. We chose to 
include in this revised designation lands at former Fort Ord and the 
coast, but did not include Armstrong Ranch. We recognize that Armstrong 
Ranch provides connectivity between Units 3 (Marina) and 8 (Fort Ord); 
however, we do not believe that these lands should be designated 
because they do not support the highest quality habitat and the PCE in 
the appropriate quantity and spatial arrangement for the conservation 
of C. pungens var. pungens. Due to its agricultural past, Armstrong 
Ranch is dominated by nonnative annual grasses, with infrequent patches 
of coastal sage scrub. In designating Units 3 (Marina) and 8 (Fort 
Ord), we have included in the designation the more sparsely vegetated 
dune sands of the coast and the more developed (i.e., deeper), ancient 
sandy soils of the interior Fort Ord, which support native coastal sage 
scrub and maritime chaparral vegetation. Consequently, we have 
encompassed the soil types and native plant communities representing 
the high quality habitat and the PCE in the appropriate quantity and 
spatial arrangement for the conservation of C. pungens var. pungens in 
this region. These are the lands that we believe are essential to the 
conservation of C. p. var. pungens.
    We did not include the Chorizanthe population near North Rodeo 
Gulch Road in this revised designation, because of uncertainty 
regarding its taxonomy. A preliminary genetic analysis in 2007 (Baron 
and Brinegar 2007, p. 5) determined that the molecular data from this 
population is consistent with that of Chorizanthe pungens var. pungens 
and the robust spineflower (C. robusta var. robusta), but that analysis 
could not assign this population to one or the other of the two taxa. 
Other techniques are now being used to investigate the relationship of 
this population to these taxa. Therefore, to represent the most 
northern distribution of C. pungens var. pungens, we designated the 
location near Freedom Boulevard. This location is the one for which we 
have the most complete information, it supports the PCE in the 
appropriate quantity and spatial arrangement, and encompasses a large 
population of C. p. var. pungens.
    (8) Comment: One commenter suggested that the boundaries for Unit 
5, the Freedom Boulevard Unit, be redrawn to encompass a location that 
supports the PCE and a population of Chorizanthe pungens var. pungens 
on an approximately 15 ac (6 ha), privately owned parcel near the 
intersection of Valencia Road and Freedom Boulevard, and just outside 
the boundary of the proposed Freedom Boulevard Unit.
    Our Response: We had information about other populations of 
Chorizanthe pungens var. pungens that exist in the Freedom Boulevard 
area. However, we did not include the lands that support those 
populations in our revised proposed rule published in 2006 because most 
of those lands are fragmented by rural ``ranchette''-type development 
and were not likely to support populations of Chorizanthe pungens var. 
pungens into the future. We concluded that the area included in the 
final revised designation provides sufficient areas containing the PCE 
in the quantity and spatial arrangement for the conservation of the 
species in this portion of the species' range. These 24 ac (10 ha) 
support the essential physical and biological features and one of the 
largest populations of Chorizanthe pungens var. pungens in the Freedom 
Boulevard area for which we have documentation.
    (9) Comment: One commenter questioned whether the mapping was 
correct for the southern boundary of proposed Unit 3 (Marina). The 
commenter noted that the map appears to encompass an approximately 0.5 
ac (0.2 ha) privately owned parcel, but that the description states 
that the unit contains only State lands.
    Our Response: The commenter is correct in noting that our map for 
Unit 3 contained an error at the southern boundary. To delineate these 
unit boundaries, we used parcel data from the Department of the Army 
(Army) for Fort Ord. We did not realize it did not match the parcel 
boundaries from the Monterey County assessor's office. We intend Unit 3 
to extend south only to the boundary of State land, and we have made 
the correction in this revised designation. No private lands are 
included in this unit.
    (10) Comment: One commenter suggested that the microclimate of the 
inland area in Unit 9 (Soledad) does not seem consistent with the 
coastal habitat described for Chorizanthe pungens var. pungens.
    Our Response: As we indicated in the revised proposed rule, the 
habitat of Chorizanthe pungens var. pungens is sandy soils in active 
dune systems and bluffs, grassland, scrub, chaparral, and woodland 
communities containing open areas free of other vegetation. The taxon 
is not restricted to dunes on the immediate coast. Historically, in the 
late 1800s and early 1900s, several collections of C. p. var. pungens 
were made from the Salinas Valley, and we know of one extant population 
in the Salinas Valley in interior Monterey County on the lands we are 
designating as Unit 9. Please see the discussion in the ``Critical 
Habitat Designation'' section of this final rule for more information 
on Unit 9 and its value to the conservation of the species.
    (11) Comment: One commenter stated that the process of designating 
critical habitat for endangered species was invalid because the 
Endangered Species Act had expired.
    Our Response: The Endangered Species Act has not expired. Section 
15 of the Act, which authorizes appropriations to carry out functions 
and responsibilities under the Act, has text authorizing funding 
through fiscal year 1992, i.e., the funding authorization provided in 
Section 15 expired on October 1, 1992. Although Section 15 has not been 
amended to change the authorization language, Congress has appropriated 
funds for continued implementation of the administrative provisions of 
the Act in each subsequent fiscal year, and these annual Congressional 
decisions are a de facto extension of the authorization of 
appropriations. All of the requirements and prohibitions of the Act 
remain in force, even in the absence of a change in the text of Section 
15 of the Act.
    (12) Comment: One commenter stated that zero acres should be 
designated as critical habitat.
    Our Response: The identification of areas that are essential for 
the conservation of the species is beneficial. The process of 
designating critical habitat, in which we clearly delineate features 
and areas of high conservation value for the species, helps focus and 
promote conservation efforts by other parties. Critical habitat 
designations may also provide greater regulatory benefits to the 
recovery of a species than would listing alone because the analysis of 
effects to critical habitat is a separate and different analysis from 
that of the effects to the species. Under section 7(a) of the Act, 
Federal agencies must insure that their actions are not likely to (1) 
jeopardize the continued existence of a listed species, or (2) result 
in the destruction or adverse modification of that species' critical 
habitat. The regulatory standard is different for each: the jeopardy 
analysis looks at the action's impact on survival and recovery of the 
species, while the adverse-modification analysis looks at the action's 
effects on the designated habitat's contribution to the species' 
conservation.

[[Page 1529]]

Comments Related to the Draft Economic Analysis

    (13) Comment: One commenter stated that the future costs associated 
with conservation efforts for Chorizanthe pungens var. pungens 
forecasted in the draft economic analysis are estimates, which are 
almost always far below what the eventual costs are when they are 
counted.
    Our Response: The purpose of the draft economic analysis is to 
estimate the economic impact of actions taken to protect Chorizanthe 
pungens var. pungens and its habitat. It attempts to quantify the 
economic effects associated with the proposed revised designation of 
critical habitat. It does so by taking into account the cost of 
conservation related measures that are likely to be associated with 
future economic activities that may adversely affect the habitat within 
the proposed revised boundaries. The analysis looks retrospectively at 
costs incurred since C. p. var. pungens was listed, and it attempts to 
predict future costs likely to occur after the proposed revised 
critical habitat designation is finalized. It does this by 
incorporating the best available information from the section 7 
consultations, the Recovery Plan, and conversations with landowners and 
the Service.
    (14) Comment: One commenter noted that the designation of proposed 
critical habitat unit 9 would damage farming operations in the 
immediate area. The commenter stated that unit 9 is surrounded by 
farming operations, presently partially farmed, and planned for 
additional farm development. The commenter requests that the economic 
analysis consider the negative impact of critical habitat designation 
on the farm.
    Our Response: After many attempts to speak with this commenter, he 
could not be reached regarding future farming development and whether 
or not a federal nexus would occur on his land after critical habitat 
is designated. We lack sufficient information to quantify the impacts 
to the commenter of the critical habitat designation.

Summary of Changes From the Revised Proposed Rule and Previous Critical 
Habitat Designation

    In preparing this final revised critical habitat designation for 
Chorizanthe pungens var. pungens, we reviewed and considered comments 
from the public and peer reviewers on the proposed revised designation 
of critical habitat published on December 14, 2006 (71 FR 75189), and 
public comments on the draft economic analysis published on October 16, 
2007 (72 FR 58618). As a result of all comments received on the revised 
proposed rule and the draft economic analysis, we made changes to our 
proposed revised designation, as follows:
    (1) We corrected the error in Unit 3 by remapping its southern 
boundary to match the boundary of State lands. This resulted in a 
reduction of Unit 3 from 884 ac (358 ha) to 881 ac (357 ha). The 
acreage change is reflected in Table 1.
    (2) We included 26 ac (10.5 ha) that had been included in our 
previous 2002 critical habitat designation between the 2 northernmost 
subunits of Unit 2 (Moss Landing).
    (3) We incorporated technical information provided by the peer 
reviewers.
    (4) We revised the PCE to incorporate the dynamic processes that 
create and maintain openings in the vegetation communities in which 
Chorizanthe pungens var. pungens grows.
    This final designation is unchanged from the proposed revised 
designation with the following exceptions: (1) The correction of a 
mapping error has reduced Unit 3 by 3 ac (1 ha); and (2) the inclusion 
of 26 ac (10.5 ha) that had been included in our previous 2002 critical 
habitat designation between the 2 northern subunits of Unit 2 (Moss 
Landing), which has increased the size of that unit. The result of 
these changes has been the increase of final critical habitat 
designated to 11,055 ac (4,475 ha); this represents a total of 23 ac (9 
ha) more than what we proposed in 2006. At the same time, this 
represents a decrease of 7,774 ac (3,145 ha) from what we previously 
designated as critical habitat in 2002.
    The areas identified in this revised critical habitat designation 
constitute a revision from the areas we designated as critical habitat 
for Chorizanthe pungens var. pungens on May 29, 2002 (67 FR 37498). The 
main differences include the following:
    (1) The 2002 critical habitat rule (67 FR 37498) consisted of 10 
units comprising a total of 18,829 ac (7,620 ha). This revision 
includes 9 units comprising a total of 11,055 ac (4,475 ha). Eight of 
the units in the revision are generally located in the same geographic 
locations as those from the previous designation and bear the same unit 
names. The ninth unit in this revision (Unit 6--Manresa) was included 
in the previous proposed critical habitat designation in 2000, but 
dropped from the previous final designation in 2002 due to confusion 
concerning the identity of the spineflower populations that occur 
there. Since 2002, we confirmed the presence of Chorizanthe pungens 
var. pungens at Manresa State Beach. Additionally, two of the units 
included in the previous designation in 2002 are not included in this 
revision. One of these units, Del Rey Oaks, has substantial areas of 
development within its boundaries, and, as a consequence, the areas 
within the unit that contain the essential features are very 
fragmented. The second of these units, Bel Mar, is in close proximity 
to Unit 6 (Manresa) included in this revision, but not included in the 
2002 critical habitat rule. The Monterey spineflower in Unit 6 
(Manresa) was recently discovered and contains a more robust population 
than the Bel Mar unit. For these reasons, the Del Rey Oaks and Bel Mar 
units designated in 2002 are no longer considered essential to the 
conservation of the species.
    (2) We revised the PCEs. The 2002 critical habitat rule listed four 
separate elements that we believed to be important to maintaining 
populations of Chorizanthe pungens var. pungens where they occur 
(soils, plant communities, low cover of nonnative species, and physical 
processes that support natural dune dynamics). In this revision of 
critical habitat, we have combined these four elements within one PCE 
in an effort to emphasize the overarching importance of the structure 
of the vegetation (mosaic with openings between the dominant elements).
    (3) Most of the units in this revision are smaller in acreage than 
their counterpart units in the 2002 critical habitat rule. The decrease 
in size is due primarily to the removal of numerous parcels in private 
ownership where, due to the availability of updated aerial imagery, we 
removed areas of development included in the 2002 critical habitat rule 
and areas developed since the publication of the 2002 rule. In 
addition, the changes to Unit 7 are due to the removal of areas 
designated in the 2002 rule that are underlain by soil types not known 
to support Monterey spineflower, and removal of areas containing 
suitable soils isolated by development (and not known to support 
Monterey spineflower). The resulting units are more accurately mapped 
to include those areas that contain the PCE laid out in the appropriate 
quantity and spatial arrangement for the conservation of the species.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as:
    (1) 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

[[Page 1530]]

    (a) Essential to the conservation of the species and
    (b) Which may require special management considerations or 
protection; and
    (2) Specific areas outside the geographical area occupied by 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 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 Federal agencies carrying out, funding, 
or authorizing the destruction or adverse modification of critical 
habitat. Section 7 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 the government or public to access private lands. Such 
designation does not require implementation of restoration, recovery, 
or enhancement measures by the landowner. Where the landowner seeks or 
requests federal agency funding or authorization may affect a listed 
species or critical habitat, the consultation requirements of Section 7 
would apply, but even in the event of a destruction or adverse 
modification finding, the landowner's obligation is not to restore or 
recover the species, but to implement reasonable and prudent 
alternatives to avoid destruction or adverse modification of critical 
habitat.
    For inclusion in a critical habitat designation, habitat within the 
geographical area occupied by the species at the time it was listed 
must contain the physical and biological 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 laid out in 
the appropriate quantity and spatial arrangement for the conservation 
of the species, as defined at 50 CFR 424.12(b)).
    Areas within the geographical area occupied by the species that 
contain the physical and biological features essential to the 
conservation of the species meet the definition of critical habitat 
only if those features may require special management considerations or 
protection.
    Under the Act, we can designate an area outside of the geographical 
area occupied by the species at the time of listing as critical habitat 
only when we determine that the best available scientific data 
demonstrate that the designation of that area is essential to the 
conservation needs of the species.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific and commercial data available. 
Further, our Policy on Information Standards Under the Endangered 
Species Act (published in the Federal Register on July 1, 1994 (59 FR 
34271)), the Information Quality Act (section 515 of the Treasury and 
General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 
106-554; H.R. 5658)), and our associated Information Quality 
Guidelines, provide criteria, establish procedures, and provide 
guidance to ensure that our decisions are based on the best scientific 
data available. They require our biologists, to the extent consistent 
with the Act and with the use of the best scientific data available, to 
use primary and original sources of information as the basis for 
recommendations to designate critical habitat.
    When we are determining which areas should be designated as 
critical habitat, our primary source of information is generally the 
information developed during the listing process for the species. 
Additional information sources may include the recovery plan for the 
species, articles in peer-reviewed journals, conservation plans 
developed by States and counties, scientific status surveys and 
studies, biological assessments, or other unpublished materials and 
expert opinion or personal knowledge.
    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 we may 
eventually determine, based on scientific data not now available to the 
Service, are necessary for the recovery of the species. For these 
reasons, a critical habitat designation does not signal that habitat 
outside the designated area is unimportant or may not be required for 
recovery of the species.
    Areas that support populations of Chorizanthe pungens var. pungens, 
but are outside the critical habitat designation, will continue to be 
subject to conservation actions we implement under section 7(a)(1) of 
the Act. They are also subject to the regulatory protections afforded 
by the section 7(a)(2) jeopardy standard, as determined on the basis of 
the best available scientific information at the time of the agency 
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 (HCPs), or other 
species conservation planning efforts if new information available to 
these planning efforts calls for a different outcome.

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 designate as critical 
habitat within the geographical area occupied by the species at the 
time of listing, we consider the physical and biological features that 
are essential to the conservation of the species to be the primary 
constituent elements laid out in the appropriate quantity and spatial 
arrangement for conservation of the species. These include, but are not 
limited to:
    (1) Space for individual and population growth and for normal 
behavior;
    (2) Food, water, air, light, minerals, or other nutritional or 
physiological requirements;
    (3) Cover or shelter;
    (4) Sites for breeding, reproduction, or rearing (or development) 
of offspring; and
    (5) Habitats that are protected from disturbance or are 
representative of the historic, geographical, and ecological 
distributions of a species.
    We derived the specific primary constituent element required for 
Chorizanthe pungens var. pungens from its biological needs, as 
described below.

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

    Chorizanthe pungens var. pungens readily grows where suitable sandy 
substrates occur and, like other Chorizanthe species, where competition 
with other plant species is minimal (Harding Lawson Associates 2000, p. 
1; Reveal 2001, unpaginated). Where C. p. var. pungens occurs within 
native plant communities, along the coast as well as at more interior 
sites, it occupies microhabitat sites between shrub stands where there 
is little cover from other herbaceous species. Where C. p. var.

[[Page 1531]]

pungens occurs within grassland communities, the density of C. p. var. 
pungens may decrease with an increase in the density of other 
herbaceous species. Conserved areas should be of sufficient size and 
spatial arrangement to maintain the native plant communities that 
support C. p. var. pungens, which include coastal dune, coastal scrub, 
grassland, maritime chaparral, oak woodland, and interior floodplain 
dune communities, and have a structure with openings between the 
dominant elements (Service 1998, p. 20).
    These openings within the vegetation community should be free of 
nonnative invasive plant species. Not only do invasive, nonnative 
plants physically exclude Chorizanthe pungens var. pungens seedlings, 
but many of the hymenopteran (members of the insect order that includes 
bees, wasps, and ants) pollinators important to Chorizanthe pollination 
(e.g., sphecid wasps, bumblebees, and bees from the families Halictidae 
and Anthophoridae) require bare ground for nesting (Murphy 2003a, p. 
4). Removal of invasive, nonnative species may help to maintain 
existing rates of pollinator visitation. Although areas with little or 
no cover of invasive, nonnative species may be optimal for the 
conservation of C. p. var. pungens, seeds that could subsequently 
germinate may still be present beneath the canopy of the nonnative, 
invasive plants.
    Conservation of Chorizanthe pungens var. pungens depends not only 
on adequate space for growth, but also on maintaining the dynamic 
nature of C. p. var. pungens habitat, which ensures the availability of 
microsites appropriate for germination and growth. Coastal dune 
communities are subject to natural dynamic processes that create 
suitable openings in scrub and chaparral communities (Cooper 1967, pp. 
63-72; Barbour and Johnson 1988, p. 242). Shifts in habitat composition 
caused by patterns of dune mobilization that create openings suitable 
for C. p. var. pungens are followed by stabilization and successional 
trends in coastal dune scrub that result in increased vegetation cover 
over time (Barbour and Johnson 1988, p. 242). Accordingly, over time 
there are shifts in the distribution and size of individual colonies of 
C. p. var. pungens found in the gaps between shrub vegetation. In most 
years, one can find patches of plants separated by several feet 
(meters) or several hundred feet (meters) within a particular area. In 
following years, the distribution of plants may shift due to seed 
dispersal by animals or wind, emergence of seeds from a relatively 
short-lived soil seed bank, and/or fire that has opened up the 
vegetation canopy, creating a site suitable for germination of seeds 
and growth of this taxon.
    Human-caused disturbances, such as scraping of roads and 
firebreaks, can reduce the competition from other herbaceous species 
and consequently provide temporarily favorable conditions for 
Chorizanthe pungens var. pungens. This has been observed at former Fort 
Ord where C. p. var. pungens occurs along the margins of dirt roads 
(Army Corps of Engineers (Corps) 1992, p. 39; U.S. Bureau of Land 
Management (BLM) 2003, pp. 15-22). However, such activities also often 
promote the spread and establishment of nonnative species (Fusari and 
McStay 2007, p. 9); in addition, they can bury the seedbank of C. p. 
var. pungens, and they do not result in the cycling of nutrients and 
soil microbial changes that are associated with large-scale natural 
disturbances such as fires (Stylinski and Allen 1999, pp. 544-554; 
Keeley and Keeley 1989, pp. 67-70). In one case, C. p. var. pungens had 
been initially abundant in disturbed soils where its seeds had been 
scattered, but it subsequently declined in abundance even though 
seemingly suitable open habitat persisted (Slattery 2007, pp. 1-3). 
This type of management may not sustain populations over the long term 
and would likely result in a general degradation of habitat for C. p. 
var. pungens if conducted over large areas.
    Conservation of Chorizanthe pungens var. pungens depends on 
adequate space to promote pollinator activity and minimize the edge 
effects associated with urban development. Larger areas with a high 
area-to-edge ratio are less likely to be affected by the range of human 
activities that would alter adjacent C. p. var. pungens habitat. 
Potential edge effects identified for other Chorizanthe species that 
may also affect C. p. var. pungens include the introduction of 
nonnative plants (e.g., landscaping plants), roadside mowing for fuel 
reduction, informal recreation, trash and landscape waste dumping, 
hydrologic changes from landscape watering or increased paved surfaces, 
and pesticide drift (Conservation Biology Institute 2000, pp. 6-17). 
Large occurrences of C. p. var. pungens are more likely to attract 
insect pollinators necessary for gene flow and the production of viable 
seed, are better able to withstand periodic extreme environmental 
stresses (e.g., drought, disease), and may act as important ``source'' 
populations to allow recolonization of surrounding areas following 
periodic extreme environmental stresses (Schemske et al., pp. 584-588). 
Small patches of plants have been documented to suffer reproductive 
failure due to lack of effective pollination when critical thresholds 
of isolation were exceeded. In contrast, sufficiently large patches of 
plants attracted pollinators regardless of their degree of isolation 
(Groom 1998, p. 487). However, small populations of plants may serve 
other functions that support the long-term persistence of the species. 
They may serve as corridors for gene flow between larger populations, 
and may harbor greater levels of genetic diversity than predicted for 
their size (Lesica and Allendorf 1991, pp. 172-175).
    Chorizanthe pungens var. pungens appears to function as an 
opportunistic annual plant, with most of its seeds germinating under 
variable winter conditions rather than persisting to create an 
extensive, long-lasting soil seed bank (Fox et al. 2006, p. 168). This 
highlights the importance of protecting above-ground plants from 
germination through seed set each year (approximately December through 
the following September), as it appears the persistence of C. p. var. 
pungens relies on successful seed set from the previous year in 
addition to adequate climatic conditions. This has implications for the 
amount of successive disturbance that C. p. var. pungens can endure and 
still persist. Management activities that are used for nonnative, 
invasive species removal, such as mowing, must be conducted in a manner 
that does not adversely affect seed development in the C. p. var. 
pungens population; otherwise, it is unlikely to be compatible with the 
long-term persistence of C. p. var. pungens.

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

    Chorizanthe pungens var. pungens occurs on sandy soils with a 
variable origin, including active dunes, interior fossil dunes, and 
floodplain alluvium (Service 1998, pp. 1-13, 20). The most prevalent 
soil series represented are coastal beaches, dune sand, Baywood sand, 
Oceano loamy sand, Arnold loamy sand, Santa Ynez fine sandy loam, 
Arnold-Santa Ynez complex, Metz loamy sand, and Metz complex (Soil 
Conservation Service 1978, pp. 13-73; 1980, pp. 9-81). Sites where C. 
p. var. pungens occurs are generally bare, sandy patches free of other 
vegetation (Zoger and Pavlik 1987, unpaginated). On the coast, it 
occurs in coastal dune scrub and chaparral communities (Service 1998, 
pp. 19-20; CNDDB 2006). Chorizanthe pungens var. pungens does not occur 
under dense stands of

[[Page 1532]]

vegetation, but will occur between more widely spaced shrubs or gaps in 
the shrub vegetation. At more inland sites, C. p. var. pungens occurs 
on sandy, well-drained soils in a variety of habitat types, most 
frequently maritime chaparral, valley oak woodlands, and grasslands 
(CNDDB 2006). In grassland and oak woodland communities, abundant 
annual grasses may outcompete C. p. var. pungens, but in places where 
grass species are controlled through grazing, mowing, or fire 
activities that are appropriate in timing and intensity, C. p. var. 
pungens may persist (e.g., Zander Associates 2003, pp. B.22-B.24; 
Fusari 2007, p. 2). Additional specific information about the native 
plant communities associated with C. p. var. pungens can be found in 
the listing rule notice (59 FR 5499) and the previous final critical 
habitat designation (67 FR 37498).

Primary Constituent Element for Chorizanthe pungens var. pungens

    Under the Act and its implementing regulations, we are required to 
identify the known physical and biological features within the 
geographical area occupied by Chorizanthe pungens var. pungens at the 
time of listing that are essential to the conservation of the species 
and that may require special management considerations or protections.
    Based on our current knowledge of the life history, biology, and 
ecology of the species and the requirements of the habitat to sustain 
the essential life history functions of the species, we have determined 
that the PCE for Chorizanthe pungens var. pungens is a vegetation 
structure arranged in a mosaic with openings between the dominant 
elements (e.g., scrub, shrub, oak trees, or clumps of herbaceous 
vegetation) that changes in spatial position as a result of physical 
processes such as windblown sands and fire and that allows sunlight to 
reach the surface of the following sandy soils: coastal beaches, dune 
land, Baywood sand, Ben Lomond sandy loam, Elder sandy loam, Oceano 
loamy sand, Arnold loamy sand, Santa Ynez fine sandy loam, Arnold-Santa 
Ynez complex, Metz complex, and Metz loamy sand.

Special Management Considerations or Protection

    When designating critical habitat, we assess whether the areas 
within the geographical area determined to be occupied at the time of 
listing contain the physical and biological features that are essential 
to the conservation of the species and may require special management 
considerations or protection.
    The known occurrences of Chorizanthe pungens var. pungens are 
threatened by direct and indirect effects from habitat fragmentation 
and loss and edge effects resulting from urban development. Examples of 
edge effects include increases in invasive, nonnative species and 
increased trampling and soil compaction from recreation (Conservation 
Biology Institute 2000, p. 5). Additional threats include road 
development, invasive species control with herbicides, industrial and 
recreational development, equestrian and other recreational activities, 
and dune stabilization using nonnative species (59 FR 5499). Threats 
that could result in unfavorable disturbance intensity, frequency, or 
timing and can destroy individual plants or deplete any associated seed 
bank include road maintenance, invasive species control, and fire 
suppression. These threats may require special management 
considerations or protection to ensure the long-term conservation of C. 
p. var. pungens and are described below in the individual discussions 
of the units.

Criteria Used To Identify Critical Habitat

    As required by section 4(b)(2) of the Act, we use the best 
scientific and commercial data available in determining areas that 
contain the physical and biological features that are essential to the 
conservation of Chorizanthe pungens var. pungens. This includes 
information from the final listing rule; data from research and survey 
observations published in peer-reviewed articles; reports and survey 
forms prepared for Federal, State, and local agencies and private 
corporations; site visits; regional 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, our recovery plan for the species, and 
information received from local species experts. We are not designating 
any areas outside of the geographical area occupied by the species at 
the time of listing because we believe the areas we have designated 
provide sufficient essential habitat for the conservation of the 
species; therefore, unoccupied areas are not needed in the designation.
    The long-term conservation of Chorizanthe pungens var. pungens is 
dependent upon the protection of existing population sites and the 
quantity and spatial arrangement of the PCE and essential habitat that 
provides for the maintenance of ecologic functions, such as 
connectivity between populations within close geographic proximity to 
facilitate pollinator activity and seed dispersal.
    Determining the specific areas that this taxon occupies is 
challenging for several reasons: (1) The distribution of Chorizanthe 
pungens var. pungens appears to be more closely tied to the presence of 
sandy soils and openings in the surrounding vegetation than to specific 
plant communities, because plant communities may undergo changes over 
time, which, due to the degree of cover that is provided by that 
vegetation type, may either favor the presence of C. p. var. pungens or 
not; (2) the way the current distribution of C. p. var. pungens is 
mapped varies depending on the scale at which patches of individuals 
were recorded (e.g., many small patches versus one large patch); and 
(3) depending on the climate and other annual variations in habitat 
conditions, the extent of the species' distribution may either shrink 
and temporarily disappear, or enlarge and cover a more extensive area.
    We used a multi-step process to identify and delineate critical 
habitat units. First we mapped all CNDDB records of Chorizanthe pungens 
var. pungens known at the time of the final listing in a GIS format. 
These data consist of points and polygons depicting the results of 
field surveys. Additional records from recent surveys that have been 
reported to the CNDDB but have not yet been entered into their database 
were also mapped in GIS format. These surveys provided more detailed 
distribution information for C. p. var. pungens within and around known 
occurrences, but did not extend the known range of the taxon. We then 
selected sites from among this data set that contain the physical and 
biological features essential to the conservation of C. p. var. 
pungens, that may require special management considerations or 
protection, and would result in a designation that: (a) Represents the 
geographical range of the species, and captures peripheral populations; 
(b) encompasses large occurrences in large areas of contiguous native 
habitat, as these have the highest likelihood of persisting through the 
environmental extremes that characterize California's climate and of 
retaining the genetic variability to withstand future introduced 
stressors (e.g., new diseases, pathogens, or climate change); (c) 
includes the range of plant communities

[[Page 1533]]

and soil types in which C. p. var. pungens is found, (d) maintains 
connectivity of occurrences; (e) maintains the disturbance factors that 
create the openings in vegetation cover on which this taxon depends; 
and (f) provides for the sufficient quantity and spatial arrangement of 
the PCE to provide for the conservation of the species.
    Species and plant communities that are protected across their 
ranges are expected to have lower likelihoods of extinction (Scott et 
al. 2001, pp. 1297-1300); therefore, critical habitat should include 
multiple locations across the entire range of the species to prevent 
range collapse. Protecting peripheral or isolated populations is highly 
desirable because they may contain genetic variation not found in core 
populations. The genetic variation results from the effects of 
population isolation and adaptation to locally distinct environments 
(Lesica and Allendorf 1995, pp. 754-757; Fraser 2000, pp. 49-51; 
Hamrick and Godt 1996, pp. 291-295). We also sought to include the 
range of plant communities, soil types, and elevational gradients in 
which Chorizanthe pungens var. pungens is found to preserve the genetic 
variation that may result from adaptation to local environmental 
conditions, as documented in other plant species (e.g., see Hamrick and 
Godt 1996, pp. 299-301; Millar and Libby 1991, pp. 150, 152-155). 
Finally, habitat fragmentation can result in loss of genetic variation 
(Young et al. 1996, pp. 413-417); therefore, we sought to maintain 
connectivity between patches or occurrences of plants.
    Once we identified all areas that contain the physical and 
biological features essential to the conservation of the species, we 
focused first on those areas that were either already protected, 
managed, or otherwise unencumbered by conflicting use (e.g., 
undeveloped County or City parks, proposed preservation areas). 
Populations in these areas are most likely to persist into the future 
and to contribute to the species' survival and recovery. We prioritized 
our selection in the following manner: First we included undeveloped 
Federal and State lands, then local agency and private lands with 
recognized resource conservation emphasis (e.g., lands owned by a 
conservation-oriented, non-profit organization, or undeveloped County 
or City parks), and finally other agency and private lands.
    After applying the criteria described above, the lands we are 
designating as revised critical habitat fall under prong one of the 
definition of critical habitat in section 3(5)(A) of the Act (see 
``Critical Habitat'' section). We did not identify any lands outside of 
the geographical area occupied by the species at the time of listing as 
essential to the conservation of the species.

Mapping

    To map the critical habitat units, we overlaid Chorizanthe pungens 
var. pungens records on soil series data and, where available, 
vegetation data (e.g., maritime chaparral mapped by Van Dyke and Holl 
(2003)) to determine appropriate areas that would contain the physical 
and biological features essential to the conservation of C. p. var. 
pungens. This taxon is closely tied to the presence of sandy soil 
types, and occurrences are generally scattered in gaps between 
vegetation within appropriate soil types. Units were delineated by 
first mapping the occurrences and soil types and then considering other 
geographic features such as developed areas and road boundaries.
    When determining critical habitat boundaries, we made every effort 
to avoid including developed areas, such as lands covered by buildings, 
paved areas, and other structures, as well as tilled fields, row crops, 
and golf courses that lack the features essential for the conservation 
of Chorizanthe pungens var. pungens. The scale of the maps we prepared 
under the parameters for publication within the Code of Federal 
Regulations may not reflect the exclusion of such developed areas. Any 
such structures and the land under them inadvertently left inside 
critical habitat boundaries shown on the maps of this revised critical 
habitat designation have been excluded by text and are not designated 
as revised critical habitat. Therefore, Federal actions involving these 
areas would not trigger section 7 consultation with respect to critical 
habitat and the requirement of no adverse modification, unless the 
specific action would affect the primary constituent elements in the 
adjacent critical habitat.
    A brief discussion of each area designated as revised critical 
habitat is provided in the unit descriptions below. Additional detailed 
documentation concerning the essential nature of these areas is 
contained in our supporting record for this rulemaking.

Critical Habitat Designation

    We are designating nine units as revised critical habitat for 
Chorizanthe pungens var. pungens. These units, which generally 
correspond to those units in the 2002 designation, entirely replace the 
2002 critical habitat designation for C. p. var. pungens in 50 CFR 
17.96(a). The critical habitat units we describe below constitute our 
current best assessment of areas that meet the definition of critical 
habitat for C. p. var. pungens. Table 1 shows the occupied units.

            Table 1.--Occupancy of Chorizanthe pungens var. pungens by Revised Critical Habitat Units
----------------------------------------------------------------------------------------------------------------
                                          Occupied at time of                                    Size of unit in
                Unit                            listing?               Currently  occupied?     acres (hectares)
----------------------------------------------------------------------------------------------------------------
1. Sunset...........................  Yes........................  Yes........................        85 (35)
2. Moss Landing.....................  Yes........................  Yes........................       250 (101)
3. Marina...........................  Yes........................  Yes........................       881 (357)
4. Asilomar.........................  Yes........................  Yes........................        48 (19)
5. Freedom Blvd.....................  Yes........................  Yes........................        24 (10)
6. Manresa..........................  Yes........................  Yes........................        94 (38)
7. Prunedale........................  Yes........................  Yes........................       190 (77)
8. Fort Ord.........................  Yes........................  Yes........................     9,432 (3,817)
9. Soledad..........................  Yes........................  Yes........................        51 (21)
----------------------------------------------------------------------------------------------------------------

    The nine units designated as revised critical habitat are: Sunset 
(Unit 1), Moss Landing (Unit 2), Marina (Unit 3), Asilomar (Unit 4), 
Freedom Boulevard (Unit 5), Manresa (Unit 6), Prunedale (Unit 7), Fort 
Ord (Unit 8), and Soledad (Unit 9). The approximate area encompassed 
within each critical habitat unit is shown in Table 2.

[[Page 1534]]



                                          Table 2.--Critical Habitat Units for Chorizanthe pungens var. pungens
                                        [Area estimates reflect all land within critical habitat unit boundaries]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 State lands          Private lands       County and other        Federal lands       Estimate of total
                                           --------------------------------------------  local jurisdictions ----------------------         area
                 Unit name