Endangered and Threatened Wildlife and Plants; Final Revised Critical Habitat for Brodiaea filifolia (Thread-Leaved Brodiaea), 6848-6925 [2011-2403]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 76, Number 26 (Tuesday, February 8, 2011)]
[Rules and Regulations]
[Pages 6848-6925]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2403]



[[Page 6847]]

Vol. 76

Tuesday,

No. 26

February 8, 2011

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; Final Revised Critical 
Habitat for Brodiaea filifolia (Thread-Leaved Brodiaea); Final Rule

Federal Register / Vol. 76 , No. 26 / Tuesday, February 8, 2011 / 
Rules and Regulations

[[Page 6848]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2009-0073; MO 92210-0-0009]
RIN 1018-AW54


Endangered and Threatened Wildlife and Plants; Final Revised 
Critical Habitat for Brodiaea filifolia (Thread-Leaved Brodiaea)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service, are designating 
revised critical habitat for Brodiaea filifolia (thread-leaved 
brodiaea) under the Endangered Species Act of 1973, as amended (Act). 
Approximately 2,947 acres (ac) (1,193 hectares (ha)) in 10 units are 
being designated as revised critical habitat for B. filifolia in Los 
Angeles, San Bernardino, Riverside, Orange, and San Diego Counties, 
California.

DATES: This rule becomes effective on March 10, 2011.

ADDRESSES: The final rule, final economic analysis, and map of revised 
critical habitat will be available on the Internet at https://www.regulations. gov at Docket No. FWS-R8-ES-2009-0073. Supporting 
documentation we used in preparing this final rule will be available 
for public inspection, by appointment, during normal business hours, at 
the 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.

FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, U.S. 
Fish and Wildlife Service, Carlsbad Fish and Wildlife Office (see 
ADDRESSES). If you use a telecommunications device for the deaf (TDD), 
call the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Background

    We intend to discuss only those topics directly relevant to the 
designation of revised critical habitat for Brodiaea filifolia under 
the Endangered Species Act (Act), as amended (16 U.S.C. 1531 et seq.), 
in this final rule. For information on the taxonomy, biology, and 
ecology of B. filifolia, refer to the final listing rule published in 
the Federal Register on October 13, 1998 (63 FR 54975), the designation 
of critical habitat for B. filifolia published in the Federal Register 
on December 13, 2005 (70 FR 73820), the proposed revised designation of 
critical habitat published in the Federal Register on December 8, 2009 
(74 FR 64930), and the Notice of Availability (NOA) of the draft 
economic analysis (DEA) published in the Federal Register on July 20, 
2010 (75 FR 42054). Additionally, more information on this species can 
be found in the five-year review for B. filifolia signed on August 13, 
2009, which is available on our Web site at: http//:www.fws.gov/Carlsbad.

New Information on Species' Description, Life History, Ecology, 
Habitat, and Geographic Range and Status

    We received no new information pertaining to the description, life 
history, ecology, habitat, geographic range, or status of Brodiaea 
filifolia following the 2009 proposed revised critical habitat 
designation (74 FR 64930).

Previous Federal Actions

    We published our final designation of critical habitat for Brodiaea 
filifolia on December 13, 2005 (70 FR 73820). The Center for Biological 
Diversity filed a complaint in the U.S. District Court for the Southern 
District of California on December 19, 2007, challenging our 
designation of critical habitat for B. filifolia and Navarretia 
fossalis (Center for Biological Diversity v. United States Fish and 
Wildlife, et al., Case No. 07-CV-02379-W-NLS). In a settlement 
agreement dated July 25, 2008, we agreed to reconsider the critical 
habitat designation for B. filifolia. The settlement stipulated that 
the U.S. Fish and Wildlife Service (Service) shall submit a proposed 
revised critical habitat designation for B. filifolia to the Federal 
Register by December 1, 2009, and submit a final revised critical 
habitat designation to the Federal Register by December 1, 2010. The 
proposed revised critical habitat designation was published in the 
Federal Register on December 8, 2009 (74 FR 64930). On November 19, 
2010, the U.S. District Court granted a motion to modify the settlement 
agreement to extend to January 31, 2011, submittal of a final revised 
critical habitat designation to the Federal Register.

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

Summary of Changes From the 2005 Critical Habitat Rule

    The areas identified in this rule constitute a revision from the 
areas we designated as critical habitat for Brodiaea filifolia on 
December 13, 2005 (70 FR 73820). In cases where we have new information 
or information that was not available for the previous designation, we 
made changes to the critical habitat for B. filifolia to ensure that 
this rule reflects the best scientific data available.
    In the 2005 rule, we excluded subunits under section 4(b)(2) of the 
Act within the planning boundaries for the Villages of La Costa Habitat 
Conservation Plan (HCP). The Villages of La Costa HCP is now included 
within (considered part of) the City of Carlsbad's Habitat Management 
Plan (Carlsbad HMP) under the Multiple Habitat Conservation Plan 
(MHCP); therefore, all revised critical habitat that overlaps with the 
Villages of La Costa HCP was analyzed under section 4(b)(2) of the Act 
as part of the Carlsbad HMP discussion. These areas have again been 
excluded from this revised designation under section 4(b)(2) of the Act 
(see Exclusions Under Section 4(b)(2) of the Act section below).
    In the 2005 rule, we identified areas covered by HCPs that provided 
protections for Brodiaea filifolia, and excluded those areas because we 
concluded they did not require special management considerations or 
protection. We are not using this approach in this rule. In this rule, 
we identified areas covered by HCPs that are conserved and managed and 
have weighed the benefits of exclusion against the benefits of 
including these areas in the revised critical habitat designation 
pursuant to section 4(b)(2) of the Act.
    This rule uses a new economic analysis to identify and estimate the 
potential economic effects resulting from implementation of 
conservation actions associated with the revised critical habitat. The 
analysis is based on estimated incremental impacts associated with 
critical habitat.
    We made changes to the primary constituent elements (PCEs) and our 
criteria used to identify critical habitat. We incorporated information 
related to the taxonomy of the species including the change in plant 
family for Brodiaea filifolia. We redefined the boundaries of each 
subunit proposed as revised critical habitat to more accurately reflect 
the areas that include the features that

[[Page 6849]]

are essential to the conservation of B. filifolia, and we analyzed new 
distribution data (in the 2009 proposed revised critical habitat rule) 
that has become available to us following the 2005 designation. Table 1 
shows the progression of each subunit of critical habitat from the 2005 
final critical habitat designation to this final revised critical 
habitat designation. Table 2 includes name changes that we made for 
some of the subunits where the old names were ambiguous or do not 
reflect the current name used to refer to these areas; although the 
names of these units changed, the locations of these units have not 
changed. Following Tables 2 and 3, we provide a detailed description of 
each change made in this revised rule and point to new information that 
precipitated the change.

 Table 1--Changes Between the December 13, 2005, Final Critical Habitat Designation for Brodiaea filifolia, the
    December 8, 2009, Proposed Revised Critical Habitat Designation, and This Final Revised Critical Habitat
                                                  Designation *
----------------------------------------------------------------------------------------------------------------
    Unit/Subunit No. and name **              2005 fCH                 2009 prCH                2011 frCH
----------------------------------------------------------------------------------------------------------------
Unit 1: Los Angeles County:
    1a. Glendora....................  96 ac (39 ha)...........  67 ac (27 ha)..........  67 ac (27 ha).
    1b. San Dimas...................  198 ac (80 ha)..........  138 ac (56 ha).........  138 ac (56 ha).
Unit 2: San Bernardino County:
    2. Arrowhead Hot Springs........  Not designated, wrong     61 ac (25 ha)..........  61 ac (25 ha).
                                       location.
Unit 3: Central Orange County:
    3. Aliso Canyon.................  Not designated, did not   113 ac (46 ha).........  11 ac (4 ha); partially
                                       meet the definition of                             excluded under section
                                       critical habitat.                                  4(b)(2).
Unit 4: Southern Orange County:
    4a. Arroyo Trabuco..............  Not designated, did not   N/A....................  N/A.
                                       meet the definition of
                                       critical habitat.
    4b. Caspers Wilderness Park.....  Excluded under section    205 ac (83 ha).........  12 ac (5 ha); partially
                                       4(b)(2).                                           excluded under section
                                                                                          4(b)(2).
    4c. Ca[ntilde]ada Gobernadora/    Excluded under section    133 ac (54 ha).........  133 ac (54 ha).
     Chiquita Ridgeline.               4(b)(2).
    4d. Prima Deschecha.............  Not designated, did not   N/A....................  N/A.
                                       meet the definition of
                                       critical habitat.
    4e. Forster Ranch...............  Not designated, did not   N/A....................  N/A.
                                       meet the definition of
                                       critical habitat.
    4f. Talega/Segunda Deshecha.....  Not designated, did not   N/A....................  N/A.
                                       meet the definition of
                                       critical habitat.
    4g. Cristianitos Canyon.........  Excluded under section    587 ac (238 ha)........  587 ac (238 ha).
                                       4(b)(2).
    4h. Cristianitos Canyon South...  Not designated, did not   N/A....................  N/A.
                                       meet the definition of
                                       critical habitat.
    4i. Blind Canyon................  Not designated, did not   N/A....................  N/A.
                                       meet the definition of
                                       critical habitat.
Unit 5: Northern San Diego County:
    5a. Miller Mountain.............  Not designated, mostly    Not proposed, only       N/A.
                                       hybrid plants.            Brodiaea santarosae
                                                                 present.
    5b. Devil Canyon................  249 ac (101 ha).........  274 ac (111 ha)........  274 ac (111 ha).
Unit 6: Oceanside:
    6a. Alta Creek..................  Not designated, did not   72 ac (29 ha)..........  72 ac (29 ha).
                                       meet the definition of
                                       critical habitat.
    6b. Mesa Drive..................  Excluded under section    17 ac (7 ha)...........  17 ac (7 ha).
                                       4(b)(2).
    6c. Mission View/Sierra Ridge...  Not designated, did not   12 ac (5 ha)...........  12 ac (5 ha).
                                       meet the definition of
                                       critical habitat.
    6d. Taylor/Darwin...............  Excluded under section    35 ac (14 ha)..........  35 ac (14 ha).
                                       4(b)(2).
    6e. Arbor Creek/Colucci.........  N/A.....................  94 ac (38 ha)..........  94 ac (38 ha).
Unit 7: Carlsbad
    7a. Letterbox Canyon............  Excluded under section    57 ac (23 ha)..........  43 ac (17 ha);
                                       4(b)(2).                                           partially excluded
                                                                                          under section 4(b)(2);
                                                                                          2 ac (1 ha) removed--
                                                                                          do not meet the
                                                                                          definition of critical
                                                                                          habitat.
    7b. Rancho Carrillo.............  Not designated, did not   37 ac (15 ha)..........  37 ac (15 ha).
                                       meet the definition of
                                       critical habitat.

[[Page 6850]]

 
    7c. Calavera Hills Village H....  Excluded under section    71 ac (29 ha)..........  26 ac (11 ha);
                                       4(b)(2).                                           partially excluded
                                                                                          under section 4(b)(2).
    7d. Villages of La Costa (Rancho  Excluded under section    98 ac (40 ha)..........  Excluded under section
     La Costa).                        4(b)(2).                                           4(b)(2).
        Carlsbad Oaks...............  Excluded under section    Not proposed, does not   N/A.
                                       4(b)(2).                  meet the definition of
                                                                 critical habitat.
        Carlsbad Highlands..........  Excluded under section    Not proposed, does not   N/A.
                                       4(b)(2).                  meet the definition of
                                                                 critical habitat.
        Poinsettia..................  Excluded under section    Not proposed, does not   N/A.
                                       4(b)(2).                  meet the definition of
                                                                 critical habitat.
Unit 8: San Marcos and Vista:
    8a. Rancho Santa Fe Road North..  Not designated, did not   N/A....................  N/A.
                                       meet the definition of
                                       critical habitat.
    8b. Rancho Santalina/Loma Alta..  Not included under        47 ac (19 ha)..........  47 ac (19 ha).
                                       section 3(5)(A).
    8c. Grand Avenue................  Not designated, did not   N/A....................  N/A.
                                       meet the definition of
                                       critical habitat.
    8d. Upham.......................  54 ac (22 ha)...........  54 ac (22 ha)..........  54 ac (22 ha).
    8e. Linda Vista.................  Not designated, did not   N/A....................  N/A.
                                       meet the definition of
                                       critical habitat.
    8f. Oleander/San Marcos           N/A.....................  7 ac (3 ha)............  7 ac (3 ha).
     Elementary.
Unit 9:
    9. Double LL Ranch..............  Not designated, did not   N/A....................  N/A.
                                       meet the definition of
                                       critical habitat.
Unit 10:
    10. Highland Valley.............  Not designated; could     N/A....................  N/A.
                                       not verify occurrence.
Unit 11: Western Riverside County:
    11a. San Jacinto Wildlife Area..  Excluded under section    401 ac (162 ha)........  401 ac (162 ha).
                                       4(b)(2).
    11b. San Jacinto Avenue/Dawson    Excluded under section    117 ac (47 ha).........  117 ac (47 ha).
     Road.                             4(b)(2).
    11c. Case Road..................  Excluded under section    180 ac (73 ha).........  180 ac (73 ha).
                                       4(b)(2).
    11d. Railroad Canyon............  Excluded under section    257 ac (104 ha)........  257 ac (104 ha).
                                       4(b)(2).
    11e. Upper Salt Creek (Stowe      Excluded under section    145 ac (59 ha).........  145 ac (59 ha).
     Pool).                            4(b)(2).
    11f. Santa Rosa Plateau--Mesa de  Excluded under section    234 ac (95 ha).........  13 ac (5 ha); partially
     Colorado.                         4(b)(2).                                           excluded under section
                                                                                          4(b)(2).
        Santa Rosa Plateau--Tenaja    Excluded under section    Not proposed; only       N/A.
         Rd.                           4(b)(2).                  Brodiaea santarosae
                                                                 present.
    11g. Santa Rosa Plateau--South    Excluded under section    117 ac (47 ha).........  Excluded under section
     of Tenaja Rd.                     4(b)(2).                                           4(b)(2).
    11h. Santa Rosa Plateau--North    Excluded under section    44 ac (18 ha)..........  Excluded under section
     of Tenaja Rd.                     4(b)(2).                                           4(b)(2).
        East of Tenaja Guard Station  Excluded under section    Not proposed, does not   N/A.
                                       4(b)(2).                  meet the definition of
                                                                 critical habitat.
        N. End Redondo Mesa.........  Excluded under section    Not proposed, does not   N/A.
                                       4(b)(2).                  meet the definition of
                                                                 critical habitat.
        Corona (north)..............  Not designated, could     N/A....................  N/A.
                                       not verify occurrence.
        Corona (south)..............  Not designated, could     N/A....................  N/A.
                                       not verify occurrence.
        Moreno Valley...............  Not designated, could     N/A....................  N/A.
                                       not verify occurrence.
Unit 12: San Diego County:

[[Page 6851]]

 
    12. Artesian Trails.............  N/A.....................  109 ac (44 ha).........  105 ac (43 ha);
                                                                                          partially excluded
                                                                                          under section 4(b)(2).
TOTAL FOR NON-MILITARY LANDS........  597 ac (242 ha).........  3,786 ac (1,532 ha)....  2,945 ac (1,193 ha).
Marine Corps Base Camp Pendleton:
Cristianitos Canyon Pendleton.......  N/A.....................  4(a)(3) exemption......  4(a)(3) exemption.
Bravo One...........................  4(a)(3) exemption.......  4(a)(3) exemption......  4(a)(3) exemption.
Bravo Two South.....................  N/A.....................  4(a)(3) exemption......  4(a)(3) exemption.
Alpha One/Bravo Three...............  4(a)(3) exemption.......  Does not meet the        N/A.
                                                                 definition of critical
                                                                 habitat.
Basilone/San Mateo Junction.........  N/A.....................  4(a)(3) exemption......  4(a)(3) exemption.
Camp Horno..........................  4(a)(3) exemption.......  4(a)(3) exemption......  4(a)(3) exemption.
SE Horno Summit.....................  4(a)(3) exemption.......  Does not meet the        N/A.
                                                                 definition of critical
                                                                 habitat.
Kilo One............................  4(a)(3) exemption.......  Does not meet the        N/A.
                                                                 definition of critical
                                                                 habitat.
Pilgrim Creek.......................  N/A.....................  4(a)(3) exemption......  4(a)(3) exemption.
South White Beach...................  N/A.....................  4(a)(3) exemption......  4(a)(3) exemption.
     TOTAL FOR MILITARY LANDS***      0 ac (0 ha).............  0 ac (0 ha)............  0 ac (0 ha).
               TOTALS                 597 ac (242 ha).........  3,786 ac (1,532 ha)....  2,947 ac (1,193 ha).
----------------------------------------------------------------------------------------------------------------
* This table does not include all locations that are occupied by Brodiaea filifolia. It includes only those
  locations that have met the definition of critical habitat in this or one of the past proposed or final
  critical habitat rules for B. filifolia.
** Values in this table and the following text may not sum due to rounding.
*** Military Lands are exempt from this rule under section 4(a)(3) of the Act.


   Table 2--Name Changes From the 2005 Final Critical Habitat Designation for Brodiaea filifolia to This Final
                                      Revised Critical Habitat Designation
----------------------------------------------------------------------------------------------------------------
           Subunit No.                   Previous name              Current name            Reason for change
----------------------------------------------------------------------------------------------------------------
6c...............................  Oceanside East/Mission     Mission View/Sierra       Not the eastern most
                                    Ave.                       Ridge.                    occurrence in
                                                                                         Oceanside.
7a...............................  Fox-Miller...............  Letterbox Canyon........  Includes more properties
                                                                                         than just Fox-Miller.
7c...............................  Calavera Heights.........  Calavera Hills Village H  New name is more
                                                                                         specific.
11b..............................  San Jacinto Floodplain...  San Jacinto Avenue/       New name is more
                                                               Dawson Road.              specific.
11c..............................  Case Road Area...........  Case Road...............  New name is more
                                                                                         specific.
----------------------------------------------------------------------------------------------------------------

Summary of Changes From the 2009 Proposed Revised Critical Habitat Rule

    The most significant changes between the December 2009 proposed 
revision and this final revised rule are outlined in Table 1 above and 
include:
    (1) In the proposed revised rule, we considered lands covered by 
the Southern Subregion Natural Community Conservation Plan/Master 
Streambed Alteration Agreement/Habitat Conservation Plan, now known as 
the Orange County Southern Subregion HCP, for exclusion under section 
4(b)(2) of the Act. We have now analyzed each of the areas considered 
for exclusion under the Orange County Southern Subregion HCP, and have 
determined that the benefits of exclusion outweigh the benefits of 
inclusion for approximately 192 ac (78 ha) of proposed revised critical 
habitat in Subunit 4b that are covered by the Orange County Southern 
Subregion HCP and are conserved and managed. We also determined that 
exclusion of these areas will not result in extinction of the species. 
Therefore, we are exercising our delegated discretion to exclude these 
lands from this revised critical habitat designation under section 
4(b)(2) of the Act. For a complete discussion of the benefits of 
inclusion and exclusion, see Exclusions Under Section 4(b)(2) of the 
Act section below.
    (2) In the proposed revised rule, we considered lands covered by 
the Carlsbad Habitat Management Plan (HMP) under the San Diego Multiple 
Habitat Conservation Program (MHCP) for exclusion under section 4(b)(2) 
of the Act. We have now analyzed each of the areas considered for 
exclusion under the Carlsbad HMP, and have determined that the benefits 
of exclusion outweigh the benefits of inclusion for approximately 156 
ac (63 ha) of proposed revised critical habitat in Subunits 7a, 7c, and 
7d that are covered by the Carlsbad HMP under the MHCP and are 
conserved and managed. We also determined that exclusion of these areas 
will not result in extinction of the species. Therefore, we are 
exercising our delegated discretion to exclude these lands from this 
revised critical habitat designation under section 4(b)(2) of the Act. 
For a complete discussion of the benefits of inclusion and exclusion, 
see Exclusions Under Section 4(b)(2) of the Act section below.
    (3) We have determined that 2 ac (1 ha) of land in Subunit 7a do 
not meet the definition of critical habitat for Brodiaea filifolia 
because they do not contain habitat suitable for the species. We are 
therefore not including these areas in the revised critical habitat 
designation.
    (4) In the proposed revised rule, we considered lands within the 
Western Riverside County Multiple Species Habitat Conservation Plan 
(Western Riverside County MSHCP) planning area for exclusion under 
section 4(b)(2) of the Act. We have now analyzed each of the areas 
considered for exclusion

[[Page 6852]]

under the Western Riverside County MSHCP, and have determined that the 
benefits of exclusion outweigh the benefits of inclusion for 
approximately 381 ac (154 ha) of proposed revised critical habitat in 
Subunits 11g, 11h, and a portion of Subunit 11f that are covered by the 
Western Riverside County MSHCP and are conserved and managed. We also 
determined that exclusion of these lands will not result in extinction 
of the species. Therefore, we are exercising our delegated discretion 
to exclude these lands from this revised critical habitat designation 
under section 4(b)(2) of the Act. For a complete discussion of the 
benefits of inclusion and exclusion, see Exclusions Under Section 
4(b)(2) of the Act section below.
    (5) In the proposed revised rule, we considered lands covered by 
the San Diego Multiple Species Conservation Program (MSCP) for 
exclusion under section 4(b)(2) of the Act. We have now analyzed each 
of the areas considered for exclusion under the MSCP, and have 
determined that the benefits of exclusion outweigh the benefits of 
inclusion for approximately 4 ac (2 ha) of proposed revised critical 
habitat in Unit 12 that are under the County of San Diego Subarea Plan 
and are conserved and managed. We also determined that exclusion of 
these lands will not result in extinction of the species. Therefore, we 
are exercising our delegated discretion to exclude these lands from 
this revised critical habitat designation under section 4(b)(2) of the 
Act. For a complete discussion of the benefits of inclusion and 
exclusion, see Exclusions Under Section 4(b)(2) of the Act section 
below.
    (6) A number of comments we received suggested editorial changes 
and technical corrections to sections of the rule pertaining to the 
Background and Criteria Used To Identify Critical Habitat sections of 
the proposed revised rule. These changes were recommended to improve 
clarity, include additional information, and correct minor errors. They 
have been incorporated into this final rule, where appropriate.

Critical Habitat

Background

    Critical habitat is defined in section 3(5)(A) of the Act as: (1) 
The specific areas within the geographical area occupied by the 
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) Which may require special management considerations or 
protection; and (2) Specific areas outside the geographical area 
occupied by the 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, may include regulated taking.
    Critical habitat receives protection under section 7 of the Act 
through the prohibition against Federal agencies carrying out, funding, 
or authorizing activities that are likely to result in 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 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 or 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. The physical 
and biological features are the primary constituent elements (PCEs) 
laid out in the appropriate quantity and spatial arrangement essential 
to the conservation of the species. Critical habitat designations 
identify, to the extent known using the best scientific data available, 
habitat areas that provide essential life cycle needs of the species 
(i.e., areas on which are found the PCEs laid out in the appropriate 
quantity and spatial arrangement essential to the conservation of the 
species). Under the Act and regulations at 50 CFR 424.12, 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 and that designation limited to the 
geographical area occupied at the time of listing would be inadequate 
to ensure 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 (44 U.S.C. 3516), and our 
associated Information Quality Guidelines, provide criteria, establish 
procedures, and provide guidance to ensure that our decisions are based 
on the best scientific and commercial data available. They require our 
biologists, to the extent consistent with the Act and with the use of 
the best scientific and commercial 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. Substantive comments received in 
response to proposed critical habitat designations are also considered.
    Habitat is often dynamic, and species may move from one area to 
another over time. Climate change will be a particular challenge for 
biodiversity because the interaction of additional stressors associated 
with climate change and current stressors may push species beyond their 
ability to survive (Lovejoy 2005, pp. 325-326). The synergistic

[[Page 6853]]

implications of climate change and habitat fragmentation are the most 
threatening facet of climate change for biodiversity (Hannah et al. 
2005, p. 4). Current climate change predictions for terrestrial areas 
in the Northern Hemisphere indicate warmer air temperatures, more 
intense precipitation events, and increased summer continental drying 
(Field et al. 1999, pp. 1-3; Hayhoe et al. 2004, p. 12422; Cayan et al. 
2005, p. 6; Intergovernmental Panel on Climate Change (IPCC) 2007, p. 
11; Cayan et al. 2009, p. xi). Additionally, the southwestern region of 
the country is predicted to become drier and hotter overall (Hayhoe et 
al. 2004, p. 12424; Seager et al. 2007, p. 1181). Climate change may 
also affect the duration and frequency of drought and these climatic 
changes may become even more dramatic and intense (Graham 1997). 
Documentation of climate-related changes that have already occurred in 
California (Croke et al. 1998, pp. 2128, 2130; Brashears et al. 2005, 
p. 15144), and future drought predictions for California (e.g., Field 
et al. 1999, pp. 8-10; Lenihen et al. 2003, p. 1667; Hayhoe et al. 
2004, p. 12422; Brashears et al. 2005, p. 15144; Seager et al. 2007, p. 
1181) and North America (IPCC 2007, p. 9) indicate prolonged drought 
and other climate-related changes will continue in the foreseeable 
future.
    We anticipate these changes could affect a number of native plants, 
including Brodiaea filifolia habitat and occurrences. For example, if 
the amount and timing of precipitation or the average temperature 
increases in southern California, the following four changes may affect 
the long-term viability of B. filifolia occurrences in their current 
habitat configuration:
    (1) Drier conditions may result in a lower germination rate and 
smaller population sizes;
    (2) A shift in the timing of annual rainfall may favor nonnative 
species that impact the quality of habitat for this species;
    (3) Warmer temperatures may affect the timing of pollinator life-
cycles causing pollinators to become out-of-sync with timing of 
flowering B. filifolia; and
    (4) Drier conditions may result in increased fire frequency, making 
the ecosystems in which B. filifolia currently grows more vulnerable to 
the threats of subsequent erosion and nonnative or native plant 
invasion.
    At this time, we are unable to identify the specific ways that 
climate change may impact Brodiaea filifolia; therefore, we are unable 
to determine if any additional areas may be appropriate to include in 
this revised critical habitat designation. Additionally, we recognize 
that critical habitat designated at a particular point in time may not 
include all of the habitat areas that we may later determine 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 promote the recovery of the 
species.
    Areas that support occurrences of the species, but are outside the 
critical habitat designation, will continue to be subject to 
conservation actions we and other Federal agencies implement under 
section 7(a)(1) of the Act. In these areas, the species is also subject 
to the regulatory protections afforded by the section 7(a)(2) jeopardy 
standard, as determined on the basis of the best scientific and 
commercial information available 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, HCPs, or other species conservation planning efforts if 
new information available to these planning efforts calls for a 
different outcome.

Primary Constituent Elements

Physical and Biological Features

    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 designate as critical habitat, we consider those 
physical or biological features that are essential to the conservation 
of the species that may require special management considerations or 
protection. We consider the physical or biological features to be the 
PCEs laid out in the appropriate quantity and spatial arrangement 
essential to 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 derive the PCEs required for Brodiaea filifolia from its 
biological needs. The areas included in our revised critical habitat 
for B. filifolia contain the appropriate soils and associated 
vegetation at suitable elevations, and adjacent areas necessary to 
maintain associated physical processes such as a suitable hydrological 
regime. The areas provide suitable habitat, water, minerals, and other 
physiological needs for reproduction and growth of B. filifolia, as 
well as habitat that supports pollinators of B. filifolia. The PCEs and 
the resulting physical and biological features essential to the 
conservation of B. filifolia are derived from studies of this species' 
habitat, ecology, and life history as described in the Background 
section of the proposed revised rule (74 FR 64930; December 8, 2009), 
the previous critical habitat rule (70 FR 73820; December 13, 2005), 
and in the final listing rule (63 FR 54975; October 13, 1998).
Space for Individual and Population Growth and for Normal Behavior
    Habitats that provide space for growth and persistence of Brodiaea 
filifolia include areas: (1) With combinations of appropriate elevation 
and clay or clay-associated soils, on mesas or low to moderate slopes 
that support open native or annual grasslands within open coastal sage 
scrub or coastal sage scrub-chaparral communities; (2) in floodplains 
or in association with vernal pool or playa complexes that support 
various grassland, scrub, or riparian herb communities; (3) on soils 
derived from olivine basalt lava flows on mesas and slopes that support 
vernal pools within grassland, oak woodland, or savannah communities; 
or (4) on sandy loam soils derived from basalt and granodiorite parent 
material with deposits of cobbles and boulders supporting intermittent 
seeps, and open marsh communities. Despite the wide range of habitats 
where B. filifolia occurs, this species occupies a specific niche of 
habitat that is moderately wet to occasionally wet.
Food, Water, Air, Light, Minerals, or Other Nutritional or 
Physiological Requirements
    All members of the genus Brodiaea require full sun and many tend to 
occur on only one or a few soil series (Niehaus 1971, pp. 26-27). 
Brodiaea filifolia occurs on several formally named soil series, but 
most (if not all) of these are primarily clay soils with varying 
amounts of sand and silt. In this rule, we listed all the mapped soils 
that

[[Page 6854]]

overlap with the distribution of B. filifolia. Sometimes clay soils 
occur as inclusions within other soil series; as such, we have named 
those other soil series in this rule. Another reason that there are 
many differently named soil series is because this species occurs in 
five counties, each of which has uniquely named soils. In some areas in 
northern San Diego County and southwestern Riverside County, the 
species is identified with mapped soils with no known clay component; 
however, closer study and sight specific sampling may show these soils 
contain clay in the specific areas supporting B. filifolia. Despite 
this issue and the diversity in named soil series, B. filifolia is 
considered a clay soils endemic.
    In San Diego, Orange, and Los Angeles Counties, occurrences of 
Brodiaea filifolia are highly correlated with specific clay soil series 
such as, but not limited to: Alo, Altamont, Auld, and Diablo or clay 
lens inclusions in a matrix of loamy soils such as Fallbrook, 
Huerhuero, and Las Flores series (63 FR 54975, p. 54978; CNDDB 2009, 
pp. 1-76; Service Geographic Information System (GIS) data 2009; USDA 
1994). These soils generally occur on mesas and hillsides with gentle 
to moderate slopes, or in association with vernal pools. These soils 
are generally vegetated with open native or nonnative grassland, open 
coastal sage scrub, or open coastal sage scrub-chaparral communities. 
In San Bernardino County, the species is associated with Etsel family-
Rock outcrop-Springdale and Tujunga-Urban land-Hanford soils (Service 
2009a, Service GIS data). These soils are generally vegetated with open 
native and nonnative grassland, open coastal sage scrub, or open 
coastal sage scrub-chaparral communities.
    In western Riverside County, the species is often found on alkaline 
silty-clay soil series such as, but not limited to, Domino, 
Grangeville, Waukena, and Willows underlain by a clay subsoil or 
caliche (a hardened gray deposit of calcium carbonate). These soils 
generally occur in low-lying areas and floodplains or are associated 
with vernal pool or playa complexes. These soils are generally 
vegetated with open native and nonnative grassland, alkali grassland, 
or alkali scrub communities. Also in western Riverside County, the 
species is found on clay loam soils underlain by heavy clays derived 
from basalt lava flows (i.e., Murrieta series on the Santa Rosa 
Plateau) (Bramlet 1993, p. 1; CNDDB 2009, pp. 1-76; Service 2009a, 
Service GIS data). These soils generally occur on mesas and gentle to 
moderate slopes or are associated with basalt vernal pools. These soils 
are vegetated with open native or nonnative grassland or oak woodland 
savannah communities.
    In some areas in northern San Diego County and southwestern 
Riverside County, the species is found on sandy loam soils derived from 
basalt and granodiorite parent materials; deposits of gravel, cobble, 
and boulders; or hydrologically fractured, weathered granite in 
intermittent streams and seeps. These soils and deposits are generally 
vegetated by open riparian and freshwater marsh communities associated 
with intermittent drainages, floodplains, and seeps. These soils 
facilitate the natural process of seed dispersal and germination, 
cormlet disposition or movement to an appropriate soil depth, and corm 
persistence through seedling and adult phases of flowering and fruit 
set.
Habitats That Are Protected From Disturbance or Are Representative of 
the Historical, Geographical, and Ecological Distributions of the 
Species
    The conservation of Brodiaea filifolia is dependent on several 
factors including, but not limited to, maintenance of areas of 
sufficient size and configuration to sustain natural ecosystem 
components, functions, and processes (such as full sun exposure, 
natural fire and hydrologic regimes, adequate biotic balance to prevent 
excessive herbivory); protection of existing substrate continuity and 
structure, connectivity among groups of plants of this species within 
geographic proximity to facilitate gene flow among the sites through 
pollinator activity and seed dispersal; and sufficient adjacent 
suitable habitat for vegetative reproduction and population expansion.
    A natural, generally intact surface and subsurface soil structure, 
perhaps lightly impacted, but not permanently altered by anthropogenic 
land use activities (such as deep, repetitive discing, or grading), and 
associated physical processes such as a natural hydrological regime is 
necessary to provide water, minerals, and other physiological needs for 
Brodiaea filifolia. A natural hydrological regime includes seasonal 
hydration followed by drying out of the substrate to promote growth of 
plants and new corms for the following season. These conditions are 
also necessary for the normal development of seedlings and young 
vegetative cormlets.
Habitat for Pollinators of Brodiaea filifolia
    Cross-pollination is essential for the survival and recovery of 
Brodiaea filifolia because this species is self-incompatible and it 
cannot sexually reproduce without the aid of insect pollinators. A 
variety of insects are known to cross-pollinate Brodiaea species, 
including tumbling flower beetles (Mordellidae, Coleoptera) and sweat 
bees (Halictidae, Hymenoptera; Niehaus 1971, p. 27). Bell and Rey 
(1991, p. 3) report that native bees observed pollinating B. filifolia 
on the Santa Rosa Plateau in Riverside County include Bombus 
californicus (Apidae, Hymenoptera), Hoplitus sp. (Megachilidae, 
Hymenoptera), Osmia sp. (Megachilidae, Hymenoptera), and an 
unidentified Anthophorid (digger-bee). Anthophoridae and Halictidae are 
important pollinators of B. filifolia, as shown at a study site in 
Orange County (Glenn Lukos Associates 2004, p. 3). Supporting and 
maintaining pollinators and pollinator habitat is essential to the 
conservation of B. filifolia because this species cannot set viable 
seed without cross-pollination.
    Of primary concern to the conservation of Brodiaea filifolia are 
solitary bees (such as sweat bees (Hoplitus sp. and Osmia sp.)) because 
these are the pollinators that have the most specific habitat 
requirements (such as nesting requirements) and are impacted by 
fragmentation and reduced diversity of natural habitats at a small 
scale (Gathmann and Tscharntke 2002, p. 757; Steffan-Dewenter 2003, p. 
1041; Shepherd 2009, pers. comm.). Due to the focused foraging habits 
of solitary bees, we believe that these insects may be the most 
important to the successful reproduction of B. filifolia. To sustain an 
active pollinator community for B. filifolia, alternative pollen or 
food source plants may be necessary for the persistence of these 
insects when B. filifolia is not in flower. It is also necessary for 
nest sites for pollinators to be located within flying distance of B. 
filifolia occurrences.
    Bombus spp. (bumblebees) may also be important to the pollination 
of Brodiaea filifolia, however, these insects may be able to travel 
greater distances and cross fragmented landscapes to pollinate B. 
filifolia. In a study of experimental isolation and pollen dispersal of 
Delphinium nuttallianum (Nuttall's larkspur), Schulke and Waser (2001, 
pp. 242-243) report that adequate pollen loads were dispersed by 
bumblebees within control populations and in isolated experimental 
``populations'' from 164 to 1,312 feet (ft) (50 to 400 meters (m)) from 
the control populations. One of several pollinator taxa effective at 
1,312 ft (400 m) was Bombus californicus (Schulke and Waser 2001, pp. 
240-243), which was also one of four bee species observed

[[Page 6855]]

pollinating B. filifolia by Bell and Rey (1991, p. 2). Studies by 
Steffan-Dewenter and Tscharntke (2000, p. 293) demonstrated that it is 
possible for bees to forage as far as 4,920 ft (1,500 m) from a colony, 
and at least one study suggests that bumblebees may forage many 
kilometers away (Sudgen 1985, p. 308). Bumblebees may be effective at 
transferring pollen between occurrences of B. filifolia because they 
are larger and have been found pollinating plants at distances of 1,312 
to 4,920 ft (400 to 1,500 m). However, the visits and focused effort of 
bumblebees may be less frequent than ground-nesting bees.
    Ground-nesting solitary bees appear to have limited dispersal and 
flight abilities (Thorp and Leong 1995, p. 7). Studies have shown that 
as areas are fragmented by development, remaining habitat areas have 
reduced pollinator diversity (Steffan-Dewenter 2003, p. 1041). If 
pollinators are eliminated from an occurrence, Brodiaea filifolia will 
no longer be able to reproduce sexually. Of the native bees that have 
been observed pollinating B. filifolia, solitary ground-nesting bees 
are the most sensitive to habitat disturbance and the most likely to be 
lost from an area. Sweat bees, Holitus, and Osmia (mason bees), fly 
approximately 900 to 1,500 ft (274 to 457 m), 600 to 900 ft (183 to 274 
m), and 600 to 1,800 ft (183 to 549 m), respectively (Shepherd 2009, 
pers. comm.). Bombus californicus (family Apidae) and digger bees 
(family Apidae) fly further, generally more than 2,640 ft (804 m) 
(Shepherd 2009, pers. comm.). These flight distances are important in 
determining what habitat associated with B. filifolia occurrences 
provides habitat for this species' pollinators. Conserving habitat 
where these pollinators nest and forage will sustain an active 
pollinator community and provide for the cross-pollination of B. 
filifolia.
    In our review of the data on pollinators of Brodiaea filifolia in 
the 2005 critical habitat rule, we determined that an 820-ft (250-m) 
area around each occurrence identified in the critical habitat would 
provide adequate space to support B. filifolia's pollinators. In the 
2005 critical habitat rule, we based the 820-ft (250-m) distance on a 
conservative estimate for the mean routine flight distance for bees. 
This distance represents an estimate of flight distance for pollinators 
that fly an average of less than 1,800 ft (549 m) (i.e., the maximum 
distance observed by known pollinators of B. filifolia except Bombus 
californicus). Research supports this distance, as studies looking at 
areas with a radius of 820 ft (250 m) have found that solitary bees 
forage at this scale and that if fragmentation occurs at this scale the 
presence of solitary bees will decrease (Steffan-Dewenter et al. 2002, 
pp. 1027-1029; Shepherd 2009, pers. comm.). Insects that travel greater 
distances than 1,800 ft (549 m) on average may also find habitat within 
820 ft (250 m) of B. filifolia occurrences. It is also possible that 
insects flying greater than 1,800 ft (549 m) are flying in from greater 
distances (Bombus californicus and Anthophora) and are living in 
habitats that are not directly connected with areas supporting B. 
filifolia. Delineating a pollinator use area larger than 820 ft (250 m) 
around B. filifolia would capture habitat that may not directly 
contribute to the conservation of B. filifolia. Including habitat 
extending beyond the perimeters of mapped occurrences of B. filifolia 
by up to 820 ft (250 m) in the PCEs is necessary to support pollinator 
activity in critical habitat, support the sexual reproduction of B. 
filifolia, and provide for gene flow, pollen dispersal, and seed 
dispersal.

Primary Constituent Elements for Brodiaea filifolia

    Under the Act and its implementing regulations, we are required to 
identify the physical or biological features essential to the 
conservation of Brodiaea filifolia and that may require special 
management considerations or protection. The physical or biological 
features essential to the conservation of the species are those PCEs 
laid out in an appropriate quantity and spatial arrangement determined 
to be essential to the conservation of the species. All final revised 
critical habitat areas for B. filifolia are currently occupied, are 
within the geographical area occupied by the species at the time of 
listing, and contain sufficient PCEs to support at least one life 
history function of the species (see the Spatial Distribution and 
Historical Range section of the proposed revised rule).
    Based on our current knowledge of the life history, biology, and 
ecology of Brodiaea filifolia, and the requirements of the habitat to 
sustain the life-history traits of the species, we determined that the 
PCEs specific to B. filifolia are:
    (1) PCE 1--Appropriate soil series at a range of elevations and in 
a variety of plant communities, specifically:
    (A) Clay soil series of various origins (such as Alo, Altamont, 
Auld, or Diablo), clay lenses found as unmapped inclusions in other 
soils series, or loamy soils series underlain by a clay subsoil (such 
as Fallbrook, Huerhuero, or Las Flores) occurring between the 
elevations of 100 and 2,500 ft (30 and 762 m).
    (B) Soils (such as Cieneba-rock outcrop complex and Ramona family-
Typic Xerothents soils) altered by hydrothermal activity occurring 
between the elevations of 1,000 and 2,500 ft (305 and 762 m).
    (C) Silty loam soil series underlain by a clay subsoil or caliche 
that are generally poorly drained, moderately to strongly alkaline, 
granitic in origin (such as Domino, Grangeville, Traver, Waukena, or 
Willows) occurring between the elevations of 600 and 1,800 ft (183 and 
549 m).
    (D) Clay loam soil series (such as Murrieta) underlain by heavy 
clay loams or clays derived from olivine basalt lava flows occurring 
between the elevations of 1,700 and 2,500 ft (518 and 762 m).
    (E) Sandy loam soils derived from basalt and granodiorite parent 
materials; deposits of gravel, cobble, and boulders; or hydrologically 
fractured, weathered granite in intermittent streams and seeps 
occurring between 1,800 and 2,500 ft (549 and 762 m).
    (2) PCE 2--Areas with a natural, generally intact surface and 
subsurface soil structure, not permanently altered by anthropogenic 
land use activities (such as deep, repetitive discing, or grading), 
extending out up to 820 ft (250 m) from mapped occurrences of Brodiaea 
filifolia to provide for space for individual population growth, and 
space for pollinators.
    This revision to the previous critical habitat designation is 
designed for the conservation of those areas containing PCEs necessary 
to support the species' life history traits. All units/subunits of the 
revised critical habitat contain one of the specific soil components 
identified in PCE 1, which facilitate the natural process of seed 
dispersal and germination, cormlet disposition or movement to an 
appropriate soil depth, and corm persistence through seedling and adult 
phases of flowering and fruit set (see Habitat section of the proposed 
revised critical habitat rule for this species (74 FR 64932)), and have 
natural, generally intact surface and subsurface soil structure 
necessary to provide water, minerals, and other physiological needs for 
the species and support habitat for pollinators, which facilitate 
reproduction, as identified in PCE 2. These two factors are sufficient 
to support life-history traits of Brodiaea filifolia in the units/
subunits we designate as revised critical habitat. In general, we 
designate units/subunits based on the presence of the PCEs in the 
appropriate quantity and spatial arrangement essential to the 
conservation of the species. In the case of this designation, all of 
the units/subunits contain both of the PCEs.

[[Page 6856]]

Special Management Considerations or Protection

    When designating critical habitat within the geographical area 
occupied by the species at the time of listing, we assess whether the 
physical or biological features essential to the conservation of the 
species may require special management considerations or protection. In 
all units/subunits, special management considerations or protection of 
the essential features may be required to provide for the growth, 
reproduction, and sustained function of the habitat on which Brodiaea 
filifolia depends.
    The lands designated as revised critical habitat represent our best 
assessment of the habitat that meets the definition of critical habitat 
for Brodiaea filifolia at this time. The essential physical or 
biological features within the areas designated as revised critical 
habitat may require some level of management to address current and 
future threats to B. filifolia, including the direct and indirect 
effects of habitat loss and degradation from urban development; the 
introduction of nonnative invasive plant species; recreational 
activities; discing and mowing for agricultural practices or fuel 
modification for fire management; dumping of manure and sewage sludge; 
and hybridization with other species of Brodiaea.
    Loss and degradation of habitat from development was cited in the 
final listing rule as a primary cause for the decline of Brodiaea 
filifolia. Most of the populations of this species are located in San 
Diego, Orange, and Riverside counties. These counties have had (and 
continue to have) increasing human populations and attendant housing 
pressure. Natural areas in these counties are frequently near or 
bounded by urbanized areas. Urban development removes the plant 
community components and associated clay soils identified in the PCEs, 
which eliminates or fragments the populations of B. filifolia. Grading, 
discing, and scraping areas in the preparation of areas for 
urbanization also directly alters the soil surface as well as 
subsurface soil layers to the degree that they will no longer support 
plant community types and pollinators associated with B. filifolia (PCE 
2). Conservation and management of B. filifolia habitat and adjacent 
pollinator habitat is needed to address the threat of development.
    Nonnative invasive plant species may alter the vegetation 
composition or physical structure identified in the PCEs to an extent 
that the area does not support Brodiaea filifolia or the plant 
community that it inhabits. Additionally, invasive species may compete 
with B. filifolia for space and resources by depleting water that would 
otherwise be available to B. filifolia. Management activities including 
(but not limited to) nonnative plant removal and control are needed to 
reduce this threat.
    Unauthorized recreational activities may impact the vegetation 
composition and soil structure that supports Brodiaea filifolia to an 
extent that the area will no longer have intact soil surfaces or the 
plant communities identified in the PCEs. Off-highway vehicle (OHV) 
activity is an example of this type of activity. Management activities 
such as (but not limited to) fencing or other barriers to unauthorized 
access, signage, and monitoring are needed to address this threat.
    Some methods of mowing or discing for agricultural purposes or fuel 
modification for fire management may preclude the full and natural 
development of Brodiaea filifolia by adversely affecting the PCEs. 
Mowing may preclude the successful reproduction of the plant, or alter 
the associated vegetation needed for pollinator activity (PCE 2). 
Dumping of sewage sludge can cover plants as well as the soils they 
need. Additionally, this practice can alter the chemistry of the 
substrate and lead to alterations in the vegetation supported at the 
site (PCE 1). Management activities such as (but not limited to) 
fencing, signage, and education of landowners and land managers about 
the detrimental effects that mowing, discing, and dumping sewage have 
on B. filifolia and its habitat are needed to address this threat.
    Manure dumping on private property along the San Jacinto River area 
is impacting habitat within the Western Riverside County MSHCP plan 
area. These impacts are occurring despite identification of these areas 
as important for the survival and recovery of Brodiaea filifolia in the 
Western Riverside County MSHCP. Manure dumping is not a covered 
activity under the Western Riverside County MSHCP and was not discussed 
as an impact to B. filifolia in the Biological Opinion on the Western 
Riverside County MSHCP (Service 2004b, pp. 378-386). As outlined in the 
Western Riverside County MSHCP, we have been working with permittees to 
implement additional ordinances that will help to control activities 
(such as manure dumping) that may impact the implementation of the 
Western Riverside County MSHCP conservation objectives. To date, the 
City of Hemet is the only Western Riverside County MSHCP permittee that 
has addressed the negative impacts that manure dumping has on species 
such as B. filifolia and Navarretia fossalis and their habitats through 
the enactment of Ordinance 1666 (i.e., the ordinance that prevents 
manure dumping activities and educates its citizens). We will continue 
to work with Riverside County and permittees of the Western Riverside 
County MSHCP to address activities that may impact the species within 
the Western Riverside County MSHCP plan area.
    The Service is aware of occurrences of some hybrids within the 
range of Brodiaea filifolia in Subunit 5b (Devil Canyon) in 
northwestern San Diego County (Chester et al. 2007, p. 193). The 
presumed parent taxa of these hybrids are considered to be B. filifolia 
and B. orcuttii because of the apparent morphological intermediacy of 
the individuals and proximity of their ranges. This is supported by the 
close relationship of the two species noted above. Although there are 
some hybrids of B. filifolia and B. orcuttii in this subunit, it is 
likely that a minimum of 850 plants are pure B. filifolia (Service 
2009b, p. 15) (we consider occurrences that have between 850 and 3,000 
flowering stems observed in multiple years to be stable and persistent 
because we expect these occurrences to have a sufficient amount of 
corms to sustain the occurrence for a number of years if the habitat 
remains unaltered (see Criteria Used section below)). Plants of hybrid 
origin have also been reported in Subunit 8d (Upham) in the City of San 
Marcos (Chester et al. 2007, p. 191). Chester et al. (2007) only found 
a few hybrid specimens at this location, therefore it is likely that a 
minimum of 850 plants are pure B. filifolia. Hybridization could result 
in the loss of portions of B. filifolia occurrences if other Brodiaea 
species are transplanted adjacent to existing B. filifolia occurrences, 
or if existing B. filifolia occurrences are transplanted adjacent to 
other Brodiaea species and the two species are able to hybridize. 
Informing biological resource managers of the existence of this threat 
will help to keep human-mediated hybridization from occurring.
    In summary, we find that the areas we are designating as revised 
critical habitat contain the physical or biological features essential 
to the conservation of Brodiaea filifolia, and that these features may 
require special management considerations or protection. Special 
management considerations or protection