Endangered and Threatened Wildlife and Plants; Proposed Revised Critical Habitat for Navarretia fossalis (Spreading Navarretia), 27588-27640 [E9-13013]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Proposed Rules]
[Pages 27588-27640]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13013]



[[Page 27587]]

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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Proposed Revised 
Critical Habitat for Navarretia fossalis (Spreading Navarretia); 
Proposed Rule

Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2009-0038; 92210-1117-0000-B4]
RIN 1018-AW22


Endangered and Threatened Wildlife and Plants; Proposed Revised 
Critical Habitat for Navarretia fossalis (Spreading Navarretia)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
revise designated critical habitat for Navarretia fossalis (spreading 
navarretia). Approximately 6,872 acres (ac) (2,781 hectares (ha)) of 
habitat fall within the boundaries of the proposed revised critical 
habitat designation. This proposed revised designation of critical 
habitat is located in Los Angeles, Riverside, and San Diego Counties in 
southern California.

DATES: We will accept comments from all interested parties until August 
10, 2009. We must receive requests for public hearings, in writing, at 
the address shown in the FOR FURTHER INFORMATION CONTACT section by 
July 27, 2009.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments to Docket No. FWS-R8-
ES-2009-0039.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R8-ES-2009-0038; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222; Arlington, VA 22203. We will not accept e-mail or faxes. We 
will post all comments on https://www.regulations.gov. This generally 
means that we will post any personal information you provide us (see 
the Public Comments section below for more information).

FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, U.S. 
Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 
Hidden Valley Road, Suite 101, Carlsbad, CA 92011; telephone (760) 431-
9440; facsimile (760) 431-5901. If you use a telecommunications device 
for the deaf (TDD), call the Federal Information Relay Service (FIRS) 
at (800) 877-8339.

SUPPLEMENTARY INFORMATION: 

Public Comments

    We intend any final action resulting from this proposal to be as 
accurate and as effective as possible. Therefore, we request comments 
or suggestions on this proposed rule. We particularly seek comments 
concerning:
    (1) The reasons we should or should not revise the designation of 
habitat as ``critical habitat'' under section 4 of the Endangered 
Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.), 
including whether the benefit of designation would outweigh any threats 
to the species caused by the designation, such that the designation of 
critical habitat is prudent.
    (2) Specific information on:
     Areas that provide habitat for Navarretia fossalis that we 
did not discuss in this proposed critical habitat rule,
     Areas containing the features essential to the 
conservation of N. fossalis that we should include in the designation 
and why,
     Areas not containing features essential for the 
conservation of the species and why, and
     Areas not occupied at the time of listing that are 
essential to the conservation of the species and why.
    (3) Land-use designations and current or planned activities in the 
areas proposed as critical habitat, as well as their possible effects 
on proposed critical habitat.
    (4) Comments or information that may assist us in identifying or 
clarifying the primary constituent elements.
    (5) How the proposed revised critical habitat boundaries could be 
refined to more closely circumscribe the landscapes identified as 
containing the features essential to the species' conservation.
    (6) Any probable economic, national-security, or other impacts of 
designating particular areas as critical habitat, and, in particular, 
any impacts on small entities (e.g., small businesses or small 
governments), and the benefits of including or excluding areas that 
exhibit these impacts.
    (7) Whether any specific subunits being proposed as critical 
habitat should be excluded under section 4(b)(2) of the Act, and 
whether the benefits of potentially excluding any particular area 
outweigh the benefits of including that area under section 4(b)(2) of 
the Act.
    (8) The potential exclusion of the portion of the subunit (Unit 2) 
being proposed as critical habitat within the jurisdiction of the City 
of Carlsbad Habitat Management Plan, a subarea plan under the San Diego 
Multiple Habitat Conservation Plan under section 4(b)(2) of the Act, 
and whether the benefits of exclusion of this area outweigh the 
benefits of including this area as critical habitat, and why.
    (9) Specific reasons whether we should exclude, under section 
4(b)(2) of the Act, the subunit proposed as critical habitat within the 
unincorporated community of Ramona in San Diego County (Subunit 4E), an 
area where the County of San Diego is working on a Habitat Conservation 
Plan (HCP) called the ``North County Plan'' with the Service that is 
currently available for public review (The North County Plan is 
available on the Internet at: https://www.sdcounty.ca.gov/dplu/mscp/nc.html), and whether the benefits of exclusion of this area outweigh 
the benefits of including this area as critical habitat, and why.
    (10) The potential exclusion of the subunits being proposed as 
critical habitat within the jurisdiction of the County of San Diego 
Subarea Plan (Subunit 3A and portions of Subunits 5B, 5F, and 5I) under 
the San Diego Multiple Species Conservation Plan under section 4(b)(2) 
of the Act, and whether the benefits of exclusion of this area outweigh 
the benefits of including this area as critical habitat, and why.
    (11) The potential exclusion of the subunits being proposed as 
critical habitat within the jurisdiction of the Western Riverside 
County Multiple Species Habitat Conservation Plan (Subunits 6A, 6B, 6C, 
6D, and 6E) under section 4(b)(2) of the Act, and whether the benefits 
of exclusion of this area would outweigh the benefits of including this 
area as critical habitat, and why.
    (12) Information on any quantifiable economic costs or benefits of 
the proposed revised designation of critical habitat.
    (13) Whether we could improve or modify our approach to designating 
critical habitat in any way to provide for greater public participation 
and understanding, or to better accommodate public concerns and 
comments.
    Our final determination concerning critical habitat for Navarretia 
fossalis will take into consideration all written comments and any 
additional information we receive during the comment period. These 
comments are included in the public record for this rulemaking and we 
will fully consider them in the preparation of our final determination. 
On the basis of public comments, we may, during the development of our 
final determination, find that areas within the proposed designation do 
not meet the definition

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of critical habitat, that some modifications to the described 
boundaries are appropriate, or that areas may or may not be appropriate 
for exclusion under section 4(b)(2) of the Act.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in the ADDRESSES section. We will not 
consider comments sent by e-mail or fax or to an address not listed in 
the ADDRESSES section.
    If you submit a comment via https://www.regulations.gov, your entire 
comment--including any personal identifying information--will be posted 
on the Web site. If you submit a hardcopy comment that includes 
personal identifying information, you may request at the top of your 
document that we withhold this information from public review. However, 
we cannot guarantee that we will be able to do so. We will post all 
hardcopy comments on https://www.regulations.gov.

Background

    It is our intent to discuss only those topics directly relevant to 
the proposed revised designation of critical habitat in this proposed 
rule. No new information pertaining to the species description, life 
history, ecology, or habitat of Navarretia fossalis was received 
following the 2005 final critical habitat designation for this species; 
summary information relevant to this species' critical habitat is 
provided below. This rule incorporates new information on the 
distribution of N. fossalis that was not available when we completed 
our 2005 final critical habitat designation for this species. For more 
information on N. fossalis, refer to the final listing rule published 
in the Federal Register on October 13, 1998 (63 FR 54975), and the 
designation of critical habitat for N. fossalis published in the 
Federal Register on October 18, 2005 (70 FR 60658). Additionally, more 
information on this species can be found in the Recovery Plan for the 
Vernal Pools of Southern California (Recovery Plan) finalized on 
September 3, 1998 (Service 1998a).

Species Description

    Navarretia fossalis is a low, mostly spreading or ascending, annual 
herb, 4 to 6 inches (in.) (10 to 15 centimeters (cm)) tall. The lower 
portions of the stems are mostly glabrous (bare). The leaves are soft 
and finely divided, 0.4 to 2 in. (1 to 5 cm) long, and spine-tipped 
when dry. The corolla (i.e., flower tube and petals) are white to 
lavender-white with linear petals and are arranged in flat-topped, 
compact, leafy heads. The fruit is an ovoid, 2-chambered capsule (Moran 
1977, pp. 155-156; Day 1993, p. 847). The fruit of this species 
consists of indehiscent (i.e., not opening spontaneously at maturity to 
release seeds) capsules 0.08 to 0.12 in. (2 to 3 millimeters (mm)) long 
containing 5 to 25 seeds (Moran 1977, p. 156; Day 1993, p. 847). The 
seeds develop a sticky, slimy coating when wet, which may retain 
moisture and aid in germination (Moran 1977, p. 156).

Habitat

    Navarretia fossalis grows in natural vernal pool habitat, 
seasonally flooded alkali vernal plain habitat (a habitat that includes 
alkali playa, alkali scrub, alkali vernal pool, and alkali annual 
grassland), and man-made irrigation ditches and detention basins 
(Bramlet 1993a, pp. 10, 14, 21-23; Ferren and Fiedler 1993, pp. 126-
127; Spencer 1997, pp. 8, 13). A common feature of the N. fossalis 
habitat is its ephemerally wet, flooded, or ponded nature (i.e., 
habitat is wet for a portion the year and dry the remainder of the 
year), and in this rule, we use the term ``ephemerally wet habitats'' 
to refer to N. fossalis habitat. These habitats are periodically wet or 
ponded from October to May, and dry from June to September. The period 
of time during which these habitats pond is referred to as the ``period 
of inundation.'' This time period varies from year to year depending on 
the timing and amount of precipitation. Despite the ephemeral nature of 
the wetland habitat where N. fossalis occurs its habitat occurs and 
relies on ``fixed landscape features'' that include (1) mounds of soil 
that are interspersed with depressed areas (basins) that harbor 
appropriate clay soils that provide ponding opportunities during winter 
and spring months; or (2) flood plain areas with alkali soils that 
drain slowly following winter and spring rains. The ponding that N. 
fossalis requires for its growth and reproduction would not be present 
without this underlying topography, which is a fixed and permanent 
feature of the landscape. So even though the wetland habitat is 
ephemeral, the habitat where N. fossalis occurs is geographically fixed 
and there are only a limited number of locations that can support this 
species.

Life History

    The life cycle of Navarretia fossalis begins with the germination 
of seeds when the habitat is in the wetland phase (i.e., flooded or 
ponded) during winter and spring months. In contrast to most species of 
Navarretia, which are unable to grow in vernal pool habitat, N. 
fossalis and other vernal pool Navarretias have indehiscent fruit/
capsules. This means that the capsules that hold the seeds do not break 
apart when the seeds mature, and instead the seeds are held on the 
plant until the capsules absorb water and expand to break open the 
fruit after a substantial rain (Crampton 1954, pp. 233-234; Spencer and 
Rieseberg 1998, p. 82). After the seeds are released from the capsules, 
they come in contact with the wet soil and are able to germinate. This 
enables the seeds to germinate under favorable conditions when the 
habitat is inundated with the winter and spring rains. After 
germination, plants grow and flower in May and June as the habitat 
dries (Glenn Lukos Associates, Inc. 2000, p. 17). Subsequently, the 
plant produces fruit and senesces in the hot, dry summer months. The 
cycle begins again each year when the fall and spring rains begin.
    In addition to the general life history for Navarretia fossalis, 
there are two important evolutionary traits that contribute to this 
species survival: (1) Its relatively limited seed dispersal capability; 
and (2) the presence of a persistent seed bank.
    Navarretia fossalis has ``limited dispersal capabilities,'' which 
is one cause of this species' narrow distribution, and also 
demonstrates this species' ability to persist in occupied habitat. The 
seeds of N. fossalis are not dispersed far from the parent plant, 
because the seed capsules are indehiscent and do not shatter when the 
plants dry in the summer heat (Crampton 1954, pp. 233-234; Spencer 
1997, p. 17). Instead, the seeds remain on the dried plant until heavy 
winter rains break up the dry plants and cause the seed capsules to 
open (Spencer 1997, p. 17). In a local context, the limited dispersal 
for N. fossalis is advantageous because the seeds stay in suitable 
habitat rather than being transported into areas that do not provide 
suitable habitat (Zedler 1990, pp. 130-134). As a result, the bulk of 
the seeds produced by N. fossalis stay close to the parent plants and 
contribute to the persistence of the species within the local area. 
Conversely, the limited dispersal of this species results in a 
decreased ability for this species to colonize new habitats. In 
relation to the conservation of this species, conserving occupied 
localities will help to conserve this species because N. fossalis has 
traits that allow it to be successful in the same habitat year after 
year. Additionally, putting resources towards the conservation will 
help prevent local extinctions, which in the case of a species with 
limited dispersal

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capabilities, could be detrimental to the species (Spencer 1997, p. 
17).
    Navarretia fossalis has a persistent seed bank that makes occupied 
sites more valuable for conservation than potential, but unoccupied, 
habitat. Elam (1998, p. 182) indicates that many plants restricted to 
vernal pool habitat are thought to have a persistent seed bank. At one 
site where N. fossalis was salvaged, both standing plants and soil that 
contained plants encased in silt were collected. In germination tests, 
both the current crop of seeds (standing plants) and the seeds encased 
in silt (presumably from previous years) were viable (Wall 2004, pp. 2-
3). Additional studies should be conducted to better quantify the seed 
bank that exists for N. fossalis, but we believe the currently 
available information demonstrates that N. fossalis has a persistent 
seed bank in occupied areas. Therefore, the preservation of the seed 
bank is important to the conservation of this species, primarily with 
native occurrences where the seed bank has built up over several years. 
Native occurrences contrast with translocated occurrences (where seed 
or plants are moved from one location to another) because in most 
translocations, only seed from a single year is moved and used to 
establish a new occurrence. In a native occurrence, seed has been 
deposited in the local area year after year. Therefore, native 
occurrences have a more varied seed bank and will more likely persist 
into the future.

Geographic Range and Status

    Navarretia fossalis is distributed from northwestern Los Angeles 
County and western Riverside County, south through coastal San Diego 
County, California, to northwestern Baja California, Mexico (Moran 
1977, p. 156; Oberbauer 1992, p. 7). It is found at elevations between 
sea level and 4,250 feet (ft) (1,300 meters (m)) in vernal pool and 
seasonally flooded alkali vernal plain habitats (Day 1993, pp. 847-848; 
Tibor 2001, p. 229; California Natural Diversity Database (CNDDB) 2008, 
pp. 1-44).
    In the United States, Navarretia fossalis is limited to Los 
Angeles, Riverside, and San Diego Counties in southern California. At 
the time of listing (1998), N. fossalis was known from approximately 30 
occurrences, with 60 percent of the known plants concentrated in three 
areas: Otay Mesa in southern San Diego County, along the San Jacinto 
River in western Riverside County, and near Hemet in Riverside County 
(referred to as the Salt Creek Seasonally Flooded Alkali Plain in the 
current proposed revised critical habitat rule) (October 13, 1998, 63 
FR 54975). In the final listing rule (October 13, 1998, 63 FR 54975), 
we estimated that less than 300 ac (121 ha) of habitat in the United 
States was occupied by this species in approximately 30 occurrences. 
This habitat estimate only quantified the areas where N. fossalis was 
physically found (i.e., ponded areas of ephemeral wetlands) and did not 
include the intermixed upland areas and local watersheds necessary to 
support the conservation of this species. For this reason, we have 
identified a much larger area as proposed critical habitat for N. 
fossalis in this rule than the 300 ac (121 ha) of occupied habitat 
discussed in the final listing rule for this species. Each area that we 
propose as critical habitat contains a current occurrence of N. 
fossalis; however, N. fossalis does not physically occur throughout the 
entirety of each area. The 6,872 ac (2,781 ha) proposed as critical 
habitat contains occurrences of N. fossalis and surrounding upland 
areas that contain the primary constituent elements essential to 
support N. fossalis where it physically occurs within the proposed 
critical habitat. For information about how this proposed critical 
habitat rule compares to the final critical habitat designated for this 
species in 2005, see the ``Summary of Changes From Previously 
Designated Critical Habitat'' section below.
    In Mexico, Navarretia fossalis is limited to northwestern Baja 
California. At the time of listing (1998), N. fossalis was known from 
approximately nine occurrences concentrated in three areas: Along the 
international border, on the plateaus south of the Rio Guadalupe and 
north of Ensenada, and on the San Quintin coastal plain (Moran 1977, p. 
156).
    In this proposed rule, we use the word ``occurrence'' to refer to a 
specific area where Navarretia fossalis has been positively identified. 
An occurrence of N. fossalis is not necessarily synonymous with a 
population of N. fossalis. One occurrence may refer to several 
localized areas where N. fossalis has been found in habitat that is 
continuous and connected, such as the several mile stretch along the 
San Jacinto River in Riverside, California, where N. fossalis occurs 
intermittently (although the habitat is essentially continuous). One 
occurrence may also refer to only one localized area where N. fossalis 
has been found, in habitat that is isolated, such as the vernal pools 
at the Poinsettia Lane Commuter Station in Carlsbad, California, where 
the next closest occurrence is several miles (kilometers) away. The 
occurrences that we defined in this rule are not the same as the 
element occurrences described by the California Natural Diversity 
Database (CNDDB).
    As part of this proposed revised critical habitat, we reviewed the 
available data on Navarretia fossalis. We determined that a total of 51 
documented occurrences exist from the United States and that 49 of 
these occurrences are extant (i.e., currently supporting an occurrence 
of N. fossalis). Since this species was listed in 1998, 17 additional 
occurrences have been documented from survey reports and herbarium 
collections. We believe that the recently documented occurrences were 
extant at the time of listing because this species has limited 
dispersal capabilities, and the species can only occur in specific 
habitat types with fixed landscape features. (Limited dispersal is 
defined and discussed in detail in paragraph 3 of the ``Life History'' 
section. ``Fixed landscape features'' we further defined the first time 
we used this terminology (paragraph 1 of the ``Habitat'' section.) It 
is unlikely that any new occurrences were established during the 
relatively short, ten-year time period following the listing of this 
species. Instead, we believe the areas discovered to contain N. 
fossalis in the years since the listing were occupied for many years 
prior to listing of the species and were only recently documented due 
to increased number of surveys for this species. Additionally, all 
recently documented occurrences of N. fossalis are within the 
historical geographical range of the species. Therefore, throughout 
this rule we refer to all occurrences as ``occupied at the time of 
listing'' whether the areas were documented before or after the species 
was listed.
    As part of our review of data on this species, we were able to get 
a more complete list of the past herbarium collections for Navarretia 
fossalis in Baja California, Mexico; all of which were made prior to 
the listing of this species. Our current list of collections from 
Mexico indicates that there are 12 specific locations where N. fossalis 
has been found in Baja California (Sanborn 2009, pp. 2-3). Other than 
the original collection information, we have no specific data on these 
occurrences; however, development, clay mining, and agricultural 
activities have been ongoing in the areas where N. fossalis has been 
found in the past (Moran 1984, pp. 175-178). We cannot make any 
specific conclusions about how many of these occurrences are extant, 
but we do think that this species is as rare in Mexico as it is in the 
United States and that its existence is threatened by

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development, clay mining, and agricultural activities in Mexico.

Areas Needed for Conservation: Core and Satellite Habitat Areas

    Details about the distribution and status of this species provide 
important background information for understanding the areas that we 
are proposing for revised critical habitat. The areas that contain the 
features essential for the conservation of Navarretia fossalis and that 
we are proposing as revised critical habitat in this rule are 
represented by core habitat areas and satellite habitat areas. Core 
habitat represents the most critical areas in conserving this species, 
including areas that contain the highest concentrations of N. fossalis 
and the largest contiguous blocks of habitat for this species. We 
identified four core habitat areas; three core habitat areas were 
identified in the listing rule (along the San Jacinto River, in the 
Upper Salt Creek drainage, and on Otay Mesa), and in the current 
revised proposed critical habitat rule, we added one additional area 
that we believe represents a core habitat area (Mesa de Burro on the 
Santa Rosa Plateau). In addition to the four core areas, N. fossalis 
occurs at several other sites that make up the range of this species; 
many of these sites also contain the features essential to the 
conservation of this species.
    In this rule, we use the term ``satellite habitat areas'' to mean 
habitat areas that support occurrences that are smaller than those 
supported by the ``core habitat areas,'' but provide the means to 
significantly contribute to the recovery of N. fossalis. Satellite 
habitat areas provide connectivity between the core habitat areas by 
shortening the distances that pollen and seeds would need to be 
transferred, fill in gaps that would exist in the species range, if 
only the core habitat areas were conserved, support stable occurrences 
(e.g., occurrences that continue to persist in an area), and likely 
support genetically unique occurrences. The satellite habitat areas are 
generally smaller than the core habitats. However, the satellite 
habitat areas contain the features essential to the conservation of N. 
fossalis.
    Together, the core habitat areas and satellite habitat areas 
represent a matrix of viable occurrences that provide the stability, 
resilience, and flexibility that this species requires to survive 
current threats and adapt to future threats that may be caused by 
environmental changes. Special management considerations or protection 
of the core habitat areas and satellite habitat areas will help with 
the recovery of N. fossalis and bring the species to the point where 
the protections of the Act are no longer needed.
    The four core habitat areas where this species occurs are large, 
both in number of occupied areas and in terms of the occurrence size 
(greater than 3,000 plants). The core habitat areas support self-
sufficient occurrences that have been resilient to human impacts at the 
landscape scale. These core habitat areas contain the largest 
occurrences of N. fossalis, and, therefore, the conservation of these 
areas and the essential features contained therein will make a 
substantial contribution to the recovery of this species.
    We have determined, however, that the conservation of the core 
habitat areas alone will not be sufficient to provide for recovery of 
Navarretia fossalis. As a result, we believe that the conservation of 
satellite habitat areas is essential for the recovery of this species. 
Satellite habitats include: (1) Important peripheral occurrences of 
this species that are on the geographic edge of this species' 
distribution; (2) occurrences that are isolated from other occurrences 
by geographic features; and (3) areas that are nested within the 
distribution of this species and provide connections between the core 
habitat areas and other satellite habitat areas. The satellite habitat 
areas are dispersed throughout the range of this species. Therefore, we 
believe the protection and management of both core and satellite 
habitat areas will result in a matrix of viable occurrences and 
supportive habitat areas that will provide for the long-term 
conservation of N. fossalis.

Previous Federal Actions

    On October 18, 2005 (70 FR 60658), we published our final 
designation of critical habitat for Navarretia fossalis. On December 
19, 2007, the Center for Biological Diversity filed a complaint in the 
U.S. District Court for the Southern District of California challenging 
our designation of critical habitat for N. fossalis and Brodiaea 
filifolia (Center for Biological Diversity v. United States Fish and 
Wildlife Service et al., Case No. 07-CV-02379-W-NLS). This lawsuit 
challenged the validity of the information and reasoning we used to 
exclude areas from the 2005 critical habitat designation for N. 
fossalis. On July 25, 2008, we reached a settlement agreement, in which 
we agreed to reconsider critical habitat designation for N. fossalis. 
The settlement stipulated that we submit a proposed revised critical 
habitat designation for N. fossalis to the Federal Register for 
publication on or before May 29, 2009, and submit a final revised 
critical habitat designation to the Federal Register for publication on 
or before May 28, 2010.

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
    (a) Essential to the conservation of the species and
    (b) That 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 or threatened species to the point at which the measures 
provided under the Act are no longer necessary. Such methods and 
procedures include, but are not limited to, all activities associated 
with scientific resources management, such as research, census, law 
enforcement, habitat acquisition and maintenance, propagation, live 
trapping, transplantation, and--in the extraordinary case where 
population pressures within a given ecosystem cannot otherwise be 
relieved--regulated taking.
    Critical habitat receives protection under section 7(a)(2) of the 
Act through the prohibition against Federal agencies carrying out, 
funding, or authorizing the destruction or adverse modification of 
critical habitat. 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 the government or public to access private 
lands. Such designation does not require implementation of restoration, 
recovery, or enhancement measures by private landowners. Where a 
landowner requests Federal agency funding or authorization for an 
action that may affect a listed species or critical habitat, the 
consultation requirements of section 7(a)(2) 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

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destruction or adverse modification of critical habitat.
    For inclusion in a critical habitat designation, the habitat within 
the geographical area occupied by the species at the time of listing 
must contain physical and biological features that are essential to the 
conservation of the species, and be included only if those features may 
require special management considerations or protection. Critical 
habitat designations identify, to the extent known using the best 
scientific data available, habitat areas that provide essential life 
cycle needs of the species (i.e., areas on which are found the Primary 
Constituent Elements (PCEs) laid out in the appropriate quantity and 
spatial arrangement essential to the conservation of the species). 
Under the Act, we can designate critical habitat in areas outside the 
geographical area occupied by the species at the time it is listed as 
critical habitat only when we determine that those areas are essential 
for the conservation 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 habitat areas that we may 
eventually determine are necessary for the recovery of the species, 
based on scientific data not now available to the Service. For these 
reasons, a critical habitat designation does not signal that habitat 
outside the designated area is unimportant or may not promote the 
recovery of the species.
    Areas that support occurrences, 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.

Methods

    As required by section 4(b) of the Act, we used the best scientific 
and commercial data available in determining areas occupied at the time 
of listing that contain the features essential to the conservation of 
Navarretia fossalis. We reviewed the approach to the conservation of N. 
fossalis provided in its recovery plan (Service 1998a, pp. 1-113, 
appendices), the 2005 final designation of critical habitat for N. 
fossalis (October 18, 2005, 70 FR 60658), information from State, 
Federal, and Local government agencies, and information from academia 
and private organizations that collected scientific data on the 
species. Other information we used for this proposed revised critical 
habitat includes: The CNDDB (CNDDB 2008, pp. 1-44); published and 
unpublished papers, reports, academic theses, surveys; Geographic 
Information System (GIS) data (such as species occurrence data, soil 
data, land use, topography, aerial imagery, and ownership maps); 
correspondence to the Service from recognized experts; and other 
information as available.

Primary Constituent Elements

    In accordance with section 3(5)(A)(i) of the Act and regulations at 
50 CFR 424.12(b), in determining which areas occupied by the species at 
the time of listing to propose as critical habitat, we consider those 
physical and biological features that are essential to the conservation 
of the species that may require special management considerations or 
protection. We consider the physical and biological features to be the 
primary constituent elements (PCEs) laid out in the appropriate 
quantity and spatial arrangement for the conservation of the species. 
The PCEs include, but are not limited to:
    (1) Space for individual and population growth and for normal 
behavior;
    (2) Food, water, air, light, minerals, or other nutritional or 
physiological requirements;
    (3) Cover or shelter;
    (4) Sites for breeding, reproduction, and rearing (or development) 
of offspring; and
    (5) Habitats that are protected from disturbance or are 
representative of the historical, geographical, and ecological 
distributions of a species.
    We derived the PCEs required for Navarretia fossalis from its 
biological needs. The area proposed for designation as revised critical 
habitat consists of ephemeral wetland habitat for the reproduction and 
growth of N. fossalis, intermixed wetland and upland habitats that act 
as the local watershed to support the ephemeral wetland habitat, and 
the topography and soils that support ponding during winter and spring 
months. The methods of dispersal and pollination for N. fossalis are 
not well understood and may not be captured by this proposed revised 
critical habitat. Likewise, the larger watershed areas that support the 
ephemeral wetland habitat are difficult to define and may require 
hydrological data and modeling that are not available; therefore, areas 
beyond the local watershed are not included in this proposed critical 
habitat rule. The PCEs and the resulting physical and biological 
features essential for the conservation of N. fossalis are derived from 
studies of this species' habitat, ecology, and life history as 
described below, in the ``Background'' section in this proposed rule, 
as well as in the previous critical habitat rule (October 18, 2005, 70 
FR 60658), and in the final listing rule published in the Federal 
Register on October 13, 1998 (63 FR 54975).

Habitats That Are Representative of the Historic Geographical and 
Ecological Distribution of the Species

    Navarretia fossalis is restricted to temporary wetlands in southern 
California and northwestern Baja

[[Page 27593]]

California (Moran 1977, pp. 155-156; Oberbauer 1992, p. 7; Day 1993, p. 
847; CNDDB 2008, pp. 1-44), and primarily associated with vernal pools 
and seasonally flooded alkali vernal plain habitats (Moran 1977, pp. 
155-156; Bramlet 1993a, p. 10; Day 1993, p. 847; Ferren and Fiedler 
1993, pp. 126-127). In Los Angeles County, N. fossalis is known to 
occur in vernal pools on Cruzan Mesa and the associated drainage of 
Plum Canyon. In Riverside County, N. fossalis is known to occur in 
large vernal pools with basins that range in size from 0.5 ac (0.2 ha) 
to 10.0 ac (4.0 ha) (e.g., CNDDB 2008, EO 43, 44), and in temporary 
wetlands that are described as seasonally flooded alkali vernal plain 
habitat along the San Jacinto River and near Salt Creek in Hemet (e.g., 
CNDDB 2008, EO 22, 23, 24). In San Diego County, N. fossalis is found 
in vernal pools that are smaller than those in Riverside County, 
ranging in size from 0.01 ac (0.005 ha) to 0.2 ac (0.09 ha) and are 
often found in clusters of several vernal pools referred to as vernal 
pool complexes (e.g., CNDDB 2008, EO 4, 14, 19). In Mexico, N. fossalis 
is known from fewer than 12 occurrences, of which the main occurrences 
are clustered in three areas: along the international border, on the 
plateaus south of the Rio Guadalupe, and on the San Quintin coastal 
plain (Moran 1977, p. 156).

Ephemeral Wetland Habitat

    Despite the variation in the types of habitat where Navarretia 
fossalis is found (i.e., vernal pool habitat and seasonally flooded 
alkali vernal plain habitat), these ephemeral wetlands all share the 
same temporary nature (i.e., areas fill with water during winter or 
spring months and dry completely during summer and fall months). 
Navarretia fossalis depends on both the inundation and the drying of 
its habitat for survival. This type of ephemerally wet habitat does not 
support upland plants that live in a dry environment year round or 
wetland plants that require year round moisture to become established 
(Keeler-Wolf et al. 1998). Rather, these habitats support specialized 
plants, such as N. fossalis that are able to grow in the open niche 
created by the exclusion of strictly upland and wetland plants.
    Navarretia fossalis primarily occurs in ephemeral wetland habitat, 
more specifically, vernal pool and seasonally flooded alkali vernal 
plain habitat (Moran 1977, pp.156-157; Bramlet 1993a, p. 10; Bramlet 
1993b, p. 14; Day 1993, p. 847). Vernal pools form during the winter 
rains in depressions that are part of a gently sloping, undulating 
landscape, where soil mounds are interspersed with basins. This 
landscape is called ``mima-mound'' topography (Cox 1984, pp. 1397-
1398), which is situated above an impervious soil layer called a ``hard 
pan'' or ``clay pan.'' Additionally, the final listing rule states that 
N. fossalis can occur in ditches and other artificial depressions 
associated with degraded vernal pool habitat (63 FR 54975, October 13, 
1998; Moran 1977, p. 155).
    Seasonally flooded alkali vernal plain habitat includes alkali 
playa, alkali scrub, alkali vernal pool, and alkali annual grassland 
components. The hydrologic regime for this habitat involves sporadic 
flooding (as described above) in combination with slow drainage on the 
alkaline soils. The habitat floods locally on a seasonal basis. Mid-
range floods occur less frequently, approximately every 20 to 50 years, 
but are necessary to maintain the habitat by removing scrub vegetation 
(Roberts 2004, p. 4). During a typical, seasonal flooding period, 
alkali scrub vegetation expands its distribution into the deeper areas 
of the seasonally flooded alkali vernal plain habitat and crowds out 
the more ephemeral wetland species. During a large scale flooding 
period, standing and slow draining water remains for weeks or months 
and results in the death of alkali scrub vegetation. As a result, 
conditions become favorable for annual species (e.g., Navarretia 
fossalis) to regain and locally expand their range (Bramlet 2004, p. 8; 
Roberts 2004, p. 4).

Intermixed Wetland and Upland Habitats That Act as the Local Watershed

    Vernal pools within a vernal pool complex are hydrologically 
connected to one another within the local geographical context. 
Seasonally flooded alkali vernal plain habitats are also hydrologically 
connected by flowing water. Water flows over the surface from one 
vernal pool to another or throughout the seasonally flooded alkali 
vernal plain. Due to an impervious clay layer or hard pan, water also 
flows and collects below ground such that the soil becomes saturated 
with water. The result of the movement of the water through vernal pool 
and seasonally flooded alkali vernal plain systems is that pools fill 
and hold water continuously for a number of days following the initial 
rainfall (Hanes et al. 1990, p. 51). For this reason, these hydrologic 
systems are best described from a watershed perspective. The local 
watershed associated with a vernal pool complex or seasonally flooded 
alkali vernal plain includes all surfaces in the surrounding area that 
flow into the vernal pool complex or seasonally flooded alkali vernal 
plain. Some hydrologic systems (e.g., the San Jacinto River, the Salt 
Creek Seasonally Flooded Alkali Plain) have watersheds that cover a 
large area and that contribute to filling and the hydrological dynamics 
of the system, while other hydrologic systems have very small 
watersheds (e.g., Carroll Canyon, Nobel Drive) and fill almost entirely 
from direct rainfall (Hanes et al. 1990, p. 53; Hanes and Stromberg 
1998, p. 38). It is also possible that subsurface inflows from 
surrounding soils within a watershed contribute to filling some vernal 
pools and seasonally flooded alkali vernal plains (Hanes et al. 1990, 
p. 53; Hanes and Stromberg 1998, p. 48).

Topography and Soils That Support Ponding During Winter and Spring

    Impervious subsurface layers of clay soils or hardpan geology, 
combined with flat to gently sloping topography, serve to inhibit rapid 
infiltration of rainwater, resulting in ponded water in vernal pools 
and seasonally flooded alkali vernal plains (Bramlet 1993a, p. 1; 
Bauder and McMillian 1998, pp. 57-59). These soils also act as a buffer 
to moderate the water chemistry and rate of water loss to evaporation 
(Zedler 1987, pp. 17-30). In Los Angeles County, the vernal pools that 
support Navarretia fossalis are found on Cieneba-Pismo-Caperton soils 
(Service GIS analysis). In western Riverside County, the seasonally 
flooded alkali vernal plain habitat that supports N. fossalis is found 
on Domino, Traver, Waukena, and Chino soils (Bramlet 1993a, p. 1, 10; 
December 15, 1994, 59 FR 64812). In San Diego County, the vernal pool 
habitat that supports N. fossalis is found on Huerhuero, Placentia, 
Olivenhain, Stockpen, and Redding soils (Service GIS analysis).

Primary Constituent Elements for Navarretia fossalis

    Under the Act and its implementing regulations, we are required to 
identify the physical and biological features within the geographical 
area occupied by Navarretia fossalis at the time of listing that are 
essential to the conservation of the species and which may require 
special management considerations or protection. The physical and 
biological features are those PCEs laid out in a specific special 
arrangement and quantity determined to be essential to the conservation 
of the species. All areas proposed as critical habitat for N. fossalis 
were occupied at the time of listing (see the ``Geographic Range and 
Status'' section for a more detailed explanation) and are currently

[[Page 27594]]

occupied, are within the species' geographic range, and contain 
sufficient essential features to support at least one life history 
function.
    Based on our current knowledge of the life history, biology, and 
ecology of Navarretia fossalis, and the requirements of the habitat to 
sustain the essential life history functions of the species, we 
determined that the PCEs specific to N. fossalis are:
    (1) PCE 1--Ephemeral wetland habitat. Vernal pools (up to 10 ac (4 
ha)) and seasonally flooded alkali vernal plains that become inundated 
by the winter rains and hold water or have saturated soils for 2 weeks 
to 6 months during a year with average rainfall. This period of 
inundation is long enough to promote germination, flowering, and seed 
production for N. fossalis and other native species typical of vernal 
pool and seasonally flooded alkali vernal plain habitat, but not so 
long that true wetland species inhabit the areas.
    (2) PCE 2--Intermixed wetland and upland habitats that act as the 
local watershed. Areas characterized by mounds, swales, and depressions 
within a matrix of upland habitat that results in intermittently 
flowing surface and subsurface water in swales, drainages, and pools 
that support the habitat described in PCE 1, and provide the water that 
allows for the inundation described in PCE 1.
    (3) PCE 3--Soils that support ponding during winter and spring. 
Soils found in areas characterized in PCE 2 that allow for ponding of 
water because they have a clay component or other property that creates 
an impermeable surface or subsurface layer. The properties of these 
soils contribute to reduced percolation and minimal run-off of water, 
all of which lead to supporting the habitat and period of inundation 
described in PCE 1. These soil types are known to include, but are not 
limited to: Cieneba-Pismo-Caperton soils in Los Angeles County; Domino, 
Traver, and Willows soils in Riverside County; and Huerhuero, 
Placentia, Olivenhain, Stockpen, and Redding soils in San Diego County.
    With this proposed designation of critical habitat, we intend to 
conserve the physical and biological features essential to the 
conservation of the species, through the identification of the 
appropriate quantity and spatial arrangement of the PCEs sufficient to 
support the life history functions of the species. For Navarretia 
fossalis, the size of the ephemeral wetland habitat can vary a great 
deal, but the important factor (i.e., the appropriate quantity and 
spatial arrangement of the PCEs) in any of the subunits proposed as 
critical habitat is that the vernal pool or alkali playa habitat has 
intact and functioning hydrology and intact adjacent upland areas that 
ensure a functioning ecosystem. All units and subunits proposed as 
critical habitat contain the PCEs in the appropriate quantity and 
spatial arrangement essential to the conservation of this species and 
support multiple life processes for N. fossalis.

Special Management Considerations or Protection

    When designating critical habitat, we assess whether the occupied 
areas contain the physical and biological features that are essential 
to the conservation of the species, and whether these features may 
require special management considerations or protection.
    The area proposed for designation as revised critical habitat will 
require some level of management to address the current and future 
threats to the physical and biological features essential to the 
conservation of the species. In all units, special management 
considerations or protection of the essential features may be required 
to provide for the sustained function of the ephemeral wetland 
ecosystems on which N. fossalis depends. The designation of critical 
habitat does not imply that lands outside of critical habitat do not 
play an important role in the conservation of N. fossalis. Activities 
with a Federal nexus that may affect areas outside of critical habitat, 
such as development, agricultural activities, and road construction, 
are still subject to review under section 7 of the Act if they may 
affect N. fossalis, because Federal agencies must consider both effects 
to the plant and effects to critical habitat independently. The 
prohibitions of section 9 of the Act applicable to N. fossalis under 50 
CFR 17.71 (e.g., reduce to possession or maliciously damage or destroy 
on Federal lands) also continue to apply both inside and outside of 
designated critical habitat.
    Researchers estimate that greater than 90 percent of the vernal 
pool habitat in southern California has been converted as a result of 
past human activities (Bauder and McMillian 1998, pp. 56-67; Keeler-
Wolf et al. 1998, pp. 10, 60-61, 63-64). A detailed discussion of 
threats to Navarretia fossalis and its habitat can be found in the 
final listing rule (October 13, 1998, 63 FR 54975), the previous 
critical habitat designation (October 18, 2005, 70 FR 60658), and the 
Recovery Plan for Vernal Pools of Southern California (Service 1998a, 
pp.1-113, appendices). The features essential to the conservation of N. 
fossalis require special management considerations or protection to 
reduce the following threats, among others: habitat destruction and 
fragmentation from urban and agricultural development; pipeline 
construction; alteration of hydrology and floodplain dynamics; 
excessive flooding; channelization; water diversions; off-road vehicle 
activity; trampling by cattle and sheep; weed abatement; fire 
suppression practices (including discing and plowing to remove weeds 
and create fire breaks); competition from nonnative plant species; and 
direct and indirect impacts from some human recreational activities 
(October 13, 1998, 63 FR 54975; Service 1998a, p. 7).

Criteria Used To Identify Critical Habitat

    We are proposing to designate critical habitat in areas that were 
occupied by the species at the time of listing and continue to be 
occupied today, and that contain the PCEs in the quantity and spatial 
arrangement to support life history functions essential for the 
conservation of the species (see the ``Geographic Range and Status'' 
section for more information). We are not proposing to designate any 
areas outside the geographical area occupied at the time of listing. 
All units and subunits proposed contain the PCEs in the appropriate 
quantity and spatial arrangement essential to the conservation of this 
species and support multiple life processes for N. fossalis.
    As required by section 4(b)(1)(A) of the Act, we use the best 
scientific and commercial data available in determining areas that 
contain the features that are essential to the conservation of 
Navarretia fossalis. The ``Methods'' section summarizes the data used 
for this proposed revised critical habitat. This proposed revised rule 
is an effort to update our 2005 final designation of critical habitat 
for N. fossalis with the best available data. In some areas that were 
analyzed in 2005, we have new information that led us to either add or 
remove areas from this proposal to revise critical habitat.
    This section provides details of the process and criteria we used 
to delineate proposed revised critical habitat. This proposed revised 
rule is the result of a progression of conservation efforts for 
Navarretia fossalis. This progression is based largely on the past 
analysis of the areas that are required for the conservation of N. 
fossalis as presented in the Recovery Plan for Vernal Pools of Southern 
California (Service 1998a, pp.1-113, appendices), the 2005 final 
critical habitat designation, and new

[[Page 27595]]

information we obtained on the species and its distribution since 
listing. Table 1 shows the changes in identified essential habitat 
between the 1998 Recovery Plan, the 2005 final critical habitat 
designation, and this proposed revised critical habitat designation. 
The unit names used in this proposed revised critical habitat are based 
on the names used for management areas used in the 1998 Recovery Plan. 
The specific changes made to the 2005 final designation of critical 
habitat are summarized in the ``Summary of Changes From Previously 
Designated Critical Habitat'' section of this rule.

                   Table 1--Areas Identified as Essential to Navarretia Fossalis Conservation
----------------------------------------------------------------------------------------------------------------
                                                                 Final critical habitat      Proposed revised
              Location*                 Recovery plan appendix           (2005)          critical habitat (2009)
----------------------------------------------------------------------------------------------------------------
                                Unit 1: Los Angeles Basin-Orange Management Area
----------------------------------------------------------------------------------------------------------------
Cruzan Mesa..........................  F......................  1A.....................  1A.
Plum Canyon..........................  N/A....................  1B.....................  1B.
----------------------------------------------------------------------------------------------------------------
                            Unit 2: San Diego: Northern Coastal Mesa Management Area
----------------------------------------------------------------------------------------------------------------
Stuart Mesa, Marine Corps Base (MCB)   F......................  4(a)(3) exemption......  4(a)(3) exemption.
 Camp Pendleton, Recovery plan (RP)**
 name: Stuart Mesa.
Wire Mountain, MCB Camp Pendleton, RP  F......................  .......................  4(a)(3) exemption.
 name: Wire Mountain.
Poinsettia Lane Commuter Station, RP   F......................  2 (partially excluded    2.
 name: JJ 2 Poinsettia Lane.                                     under section 4(b)(2)).
----------------------------------------------------------------------------------------------------------------
                             Unit 3: San Diego: Central Coastal Mesa Management Area
----------------------------------------------------------------------------------------------------------------
Santa Fe Valley (Crosby Estates).....  N/A....................  .......................  3A.
Carroll Canyon (D 5-8)...............  .......................  .......................  3B.
Nobel Drive (X 5)....................  .......................  .......................  3C.
Large Pool southwest of runway, MCAS   N/A....................  .......................  4(a)(3) exemption.
 Miramar.
EE1-2, MCAS Miramar, RP name: EE1-2,   F......................  4(a)(3) exemption......
 Miramar Interior.
Kearny Mesa (U 19)...................  N/A....................  4(a)(3) exemption......
New Century (BB 2), RP name: BB 2 New  G......................
 Century.
Montgomery Field, RP name: N1-4, 6     F......................  Excluded under section   3D.
 Montgomery Field.                                               4(b)(2).
----------------------------------------------------------------------------------------------------------------
                                    Unit 4: San Diego: Inland Management Area
----------------------------------------------------------------------------------------------------------------
San Marcos (North L 15), RP name: L    G......................
 7, 8, 14-20.
San Marcos (Northwest L 14), RP name:  G......................
 L 7, 8, 14-20.
San Marcos (L 1-6), RP name: L 1-6, 9- F......................  4C1....................  4C1.
 13 San Marcos.
San Marcos (L 9-10), RP name: L 1-6,   F......................  4C2....................  4C2.
 9-13 San Marcos.
San Marcos (L 11-13), RP name: L 1-6,  F......................  4D.....................  4D.
 9-13 San Marcos.
San Marcos (North L 15), RP name: L    G......................
 7, 8, 14-20.
Ramona, RP name: Ramona..............  F......................
Ramona, RP name: Ramona T............  G......................  4E.....................  4E.
----------------------------------------------------------------------------------------------------------------
                            Unit 5: San Diego: Southern Coastal Mesa Management Area
----------------------------------------------------------------------------------------------------------------
Sweetwater Vernal Pools (S1-3), RP     F......................  5A ( partially excluded  5A.
 name: Sweetwater Lake.                                          under section 4(b)(2)).
Otay River Valley (M2)...............  .......................  5B.....................  5B.
Otay Mesa (J26), RP name: J 26 Otay    F......................  5C.....................
 Mesa.
Proctor Valley (R1), RP name: R        F......................  .......................  5F.
 Proctor Valley.
Otay Reservoir (K3-5), RP name: K3-5   F......................  .......................  5G.
 Otay River.
K1, 2, RP name: K 1, 2, 6, 7 Otay      G......................  Excluded under section
 River.                                                          4(b)(2).
K 6, 7, RP name: K 1, 2, 6, 7 Otay     G......................
 River.
Western Otay Mesa vernal pool          F/G....................  Excluded under section   5H/5I.
 complexes, RP name: J 2, 5, 7, 11-                              4(b)(2).
 21, 23-30 Otay Mesa/J 3 Otay Mesa.
Western Otay Mesa vernal pool          N/A....................  .......................  5H.
 complexes (J 32 (West Otay A + B), J
 33 (Sweetwater High School)).
Eastern Otay Mesa vernal pool          F/G....................  Excluded under section   5H/5I.
 complexes, RP name: 23-30 Otay Mesa/                            4(b)(2).
 J 22 Otay Mesa.
Eastern Otay Mesa vernal pool          .......................  Excluded under section
 complexes, RP name: J 19, 27, 28E,                              4(b)(2).
 28W Otay Mesa.
RP name: J (undescribed).............  G......................
----------------------------------------------------------------------------------------------------------------

[[Page 27596]]

 
                                        Unit 6: Riverside Management Area
----------------------------------------------------------------------------------------------------------------
San Jacinto River, RP name: San        F......................  Excluded under section   6A.
 Jacinto.                                                        4(b)(2).
Salt Creek Seasonally Flooded Alkali   F......................  Excluded under section   6B.
 Plain, RP name: Hemet/Salt Creek.                               4(b)(2).
Wickerd Road and Scott Road Pools....  N/A....................  .......................  6C.
Skunk Hollow, RP name: Skunk Hollow..  .......................  Excluded under section   6D.
                                                                 4(b)(2).
RP name: Temecula....................  F......................
Mesa de Burro, RP name: Santa Rosa     F......................  Excluded under section   6E.
 Plateau.                                                        4(b)(2).
----------------------------------------------------------------------------------------------------------------
    Total Areas (out of 39 areas       27.....................  22.....................  27.
     listed in this table).
----------------------------------------------------------------------------------------------------------------
*This table does not include all locations that are occupied by Navarretia fossalis. It includes only those
  locations that were included in Appendix F or G of the Recovery Plan; designated, excluded, or exempt in 2005;
  or proposed as critical habitat in the current rule. Note: The alpha-numeric labels were applied in the
  recovery plan.
**RP name = Name in recovery plan, if different from the current rule.

    Appendices F and G of the Recovery Plan provide information on the 
areas that are needed to stabilize (or prevent extinction of) 
Navarretia fossalis (Appendix F) and the areas that are needed to 
reclassify (or recover) N. fossalis (Appendix G). In Table 1, we 
summarized the data from the recovery plan. According to this summary, 
27 locations were highlighted as areas that needed to be conserved and 
managed to recover N. fossalis. Our 2005 final rule to designate 
critical habitat used the Recovery Plan as the basis for designating 
areas as critical habitat; however, the rule included some additions 
and subtractions of those areas determined as essential to the 
conservation of N. fossalis in the Recovery Plan. Nine areas that the 
Recovery Plan identified as important were not identified in the 2005 
final rule as essential to the conservation of N. fossalis, and four 
areas were added that were not highlighted in the Recovery Plan. The 
nine areas that were in the Recovery Plan but not included in the 2005 
final rule were sites for which we did not have specific occurrence 
data or areas where recent surveys had not found N. fossalis. For these 
reasons, we do not believe these areas are essential to the 
conservation of N. fossalis and we did not include them in the 2005 
critical habitat designation. The four areas that were added to the 
2005 final rule were locations where the occurrence data indicated that 
these areas contained the features essential to the conservation of N. 
fossalis.
    A total of 22 areas were identified in the 2005 final rule as 
essential to the conservation of N. fossalis (see Table 1). There are 
eight occurrences of N. fossalis that were highlighted in the Recovery 
Plan that we did not include in this proposed revised critical habitat. 
We do not have detailed information on these occurrences, and during 
recent surveys at some of these sites, N. fossalis has not been 
observed. Additionally, we included areas in this proposed revised 
critical habitat (based on new data) that were not highlighted in the 
Recovery Plan. While some of the areas are different, we believe that 
the non-inclusion of some areas in the Recovery Plan and the inclusion 
of other areas for which we have better data will achieve the overall 
goal of the Recovery Plan for N. fossalis and provide for the 
conservation of this species.
    In this proposed revised designation of critical habitat for 
Navarretia fossalis, we selected areas based on the best scientific 
data available that possess those physical and biological features 
essential to the conservation of the species, and that may require 
special management considerations or protection. We took into account 
the past conservation planning that occurred for N. fossalis in the 
Recovery Plan and in the 2005 critical habitat designation. For this 
proposed revised rule, w