Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the Arroyo Toad, 7246-7467 [2011-1703]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 76, Number 27 (Wednesday, February 9, 2011)]
[Rules and Regulations]
[Pages 7246-7467]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1703]



[[Page 7245]]

Vol. 76

Wednesday,

No. 27

February 9, 2011

Part II





Department of the Interior





-----------------------------------------------------------------------



Fish and Wildlife Service



50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Revised Critical Habitat 
for the Arroyo Toad; Final Rule

Federal Register / Vol. 76, No. 27 / Wednesday, February 9, 2011 / 
Rules and Regulations

[[Page 7246]]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2009-0069; MO 92210-0-0009-B4]
RIN 1018-AV89


Endangered and Threatened Wildlife and Plants; Revised Critical 
Habitat for the Arroyo Toad

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are 
designating final revised critical habitat for the arroyo toad 
(Anaxyrus californicus, Bufo californicus). We are designating 
approximately 98,366 acres (ac) (39,807 hectares (ha)) of habitat in 
Santa Barbara, Ventura, Los Angeles, San Bernardino, Riverside, Orange, 
and San Diego Counties, California, as critical habitat for the arroyo 
toad. This final revised designation constitutes an increase of 
approximately 86,671 ac (35,074 ha) from the 2005 designation of 
critical habitat for the arroyo toad. A taxonomic name change has 
occurred and been accepted for the arroyo toad. Throughout the 
remainder of this document we will use the currently recognized name 
for the listed entity, Anaxyrus californicus, for references to the 
arroyo toad.

DATES: This rule becomes effective on March 11, 2011.

ADDRESSES: The final rule, final economic analysis, and map of critical 
habitat will be available on the Internet at https://www.regulations.gov 
at Docket No. FWS-R8-ES-2009-0069, https://www.fws.gov/ventura/, and 
https://www.fws.gov/carlsbad/. Comments and materials received, as well 
as supporting documentation 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, Ventura Fish and Wildlife 
Office, 2493 Portola Road, Suite B, Ventura, CA 93003; telephone 805-
644-1766; facsimile 805-644-3958.

FOR FURTHER INFORMATION CONTACT: Diane Noda, Field Supervisor, U.S. 
Fish and Wildlife Service, Ventura Fish and Wildlife Office (see 
ADDRESSES section) or 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 
760-431-9624. 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 the arroyo toad under the 
Endangered Species Act, as amended (16 U.S.C. 1531 et seq.), in this 
final rule. For more information on the taxonomy, biology, and ecology 
of the arroyo toad, refer to the final listing rule published in the 
Federal Register on December 16, 1994 (59 FR 64859); the final critical 
habitat rule published in the Federal Register on February 7, 2001 (66 
FR 9414); the final revised critical habitat rule published in the 
Federal Register on April 13, 2005 (70 FR 19562); and the proposed 
revised critical habitat rule published in the Federal Register on 
October 13, 2009 (74 FR 52612). Additionally, information on this 
species can be found in the Recovery Plan for the Arroyo Southwestern 
Toad (Bufo microscaphus californicus) finalized on July 24, 1999 
(Service 1999). The nomenclature for the listed entity has changed to 
``arroyo toad (Anaxyrus californicus)'' but this change does not alter 
the description or distribution of the animals.

Change in Taxonomic Nomenclature

    When we made the proposed revised critical habitat for the arroyo 
toad available on October 13, 2009 (74 FR 52612), we proposed a 
nomenclature change to the arroyo toad from Bufo californicus to 
Anaxyrus californicus and for that change to be published in the Code 
of Federal Regulations (CFR). Based on the information presented in the 
proposed revised rule (see Taxonomy and Nomenclature of the proposed 
rule (74 FR 52612; October 13, 2009)) and acceptance by the scientific 
community, we make that change and are amending the List of Endangered 
and Threatened Wildlife at 50 CFR 17.11(h) to identify the listed 
entity as ``arroyo toad (Anaxyrus californicus).''

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

    We did not receive any new information pertaining to the 
description, ecology, or habitat of the arroyo toad following the 2009 
proposed rule to revise critical habitat (74 FR 52612; October 13, 
2009). However, the following paragraphs discuss new information that 
we received regarding the species' life history and status, and the 
areas needed for arroyo toad conservation.

Life History

    The following additional information and clarifications on the life 
history of the arroyo toad are based on comments from peer reviewers 
(see Peer Review section below) received on the proposed revised rule 
(74 FR 52612; October 13, 2009).
    We stated in the revised proposed rule that most arroyo toads 
become sexually mature in the spring following metamorphosis. However, 
we should clarify that unlike males, female arroyo toads generally do 
not become sexually mature until 2 years of age (Sweet 1992, p. 52).
    In the proposed revised rule, we stated that arroyo toads need 
breeding pools that are less than 12 inches (in.) (30 centimeters (cm)) 
deep. However, a peer reviewer pointed out that pools ``less than 12 
in. (30 cm) deep'' may not include any suitable breeding habitat in 
some cases. Breeding pools need a band of current-free water near the 
shoreline that is 2 to 4 feet (ft) (0.6 to 1.2 meters (m)) wide and 
less than 4 in. (10 cm) deep. The peer reviewer has found that arroyo 
toad egg clutches are laid entirely or mostly in water less than 4 in. 
(10 cm) deep with minimal current velocity because egg strands are not 
attached to any substrate features and can be swept away by even very 
small currents. Additionally, egg strands or portions of strands that 
end up in water over about 6 in. (15 cm) deep are often attacked by 
fungus and fail to hatch (Sweet 1992, p. 57). Based on the above 
information, we now specify that arroyo toads need breeding pools that 
are no more than 6 in. (15 cm) deep. We have also made changes as 
appropriate to the primary constituent elements (PCEs) in this final 
rule (see the ``Primary Constituent Elements for the Arroyo Toad'' 
section below). For more life history information, please see the 
``Life History'' section in the proposed revised critical habitat 
designation published in the Federal Register on October 13, 2009 (74 
FR 52612).

Reasons for Decline and Threats

    Comments we received on the proposed revised rule (74 FR 52612; 
October 13, 2009) provided additional information and clarifications on 
threats to the arroyo toad.
    In the 2009 proposed rule under the ``Reasons for Decline and 
Threats'' section, we stated that the introduction of aquatic species 
not native to southern California watercourses has been facilitated by 
construction of the California Aqueduct and other sources of inter-
basin water transport (Service 1999, p. 48). We also stated that

[[Page 7247]]

currently, the California Aqueduct is linked directly to the Santa Ynez 
River, Santa Clara River, San Jacinto River, and Mojave River Basins. 
However, one peer reviewer noted that the Santa Ynez River is connected 
to the California Aqueduct only via many tens of kilometers of buried 
pipeline, with numerous pump stations. It is far less likely that 
macroscopic, nonnative organisms will survive such transport than is 
the case for the Santa Clara, San Jacinto and Mojave drainage 
connectors, so the threat posed to the San Ynez River populations from 
aqueduct transfer is not of the same order of magnitude as for the 
other systems.
    In the 2009 proposed rule under the ``Reasons for Decline and 
Threats'' section, we also noted that nonnative species that compete 
for resources with or prey on arroyo toads pose a serious threat to 
arroyo toads. Nonnative amphibians, such as bullfrogs (Lithobates 
catesbeianus) and African clawed frogs (Xenopus laevis), are known to 
feed on arroyo toads at various life stages (Ramirez 2007, p. 102). 
Arroyo toad tadpoles are also subject to predation by introduced fish 
species, especially green sunfish (Lepomis cyanellus) and prickly 
sculpin (Cottus asper), whereas mosquitofish (Gambusia affinis) and 
crayfish (Procambarus clarkii) have been observed to prey on arroyo 
toad eggs in addition to tadpoles. The presence of deep and persistent 
pools during summer and fall constitute a threat to arroyo toads 
because such pools provide refuge and breeding habitat for nonnative 
predators such as crayfish, various warm-water fish species, African 
clawed frogs, and bullfrogs. Artificially sustained flow regimes and 
activities that create ponds (including the introduction of beaver 
(Castor canadensis) into central and southern coastal montane regions) 
make habitat more suitable for bullfrogs and African clawed frogs than 
for arroyo toads (Sweet 1992, p. 156). For example, the presence of 
bullfrogs is an indicator of how the natural hydrology of a stream 
drainage has been altered. Bullfrog tadpoles mature more slowly than 
arroyo toads and many other amphibians and require permanent water for 
a full year (Hecnar and M'Closkey 1997, p.146), whereas arroyo toads 
are essentially a terrestrial species and need aquatic habitats with 
shallow pools and minimal current only during the breeding season. In 
stream habitats with pools that predominately persist through the 
summer and then dry up by the fall, arroyo toads would be at an 
advantage in comparison to nonnative species. In a modified system with 
deep pools that persist year-round, both species must rely on the same 
habitat for breeding, even though their biological needs differ, which 
allows bullfrogs more opportunity to prey on essentially all life 
stages of arroyo toads.
    We have also received new information on the threat that feral pigs 
(Sus scrofa) pose not only to amphibians in general, but in particular 
to arroyo toads in critical habitat units 15, 16, 17, and 18. The 
Forest Service is studying the effects of feral pigs in the San Diego 
River where pigs were released approximately 3 years ago on tribal 
lands. According to a forest biologist on the Cleveland National 
Forest, feral pigs have now spread as far north as Lake Henshaw and 
east into Cuyamaca State Park, possibly into the San Luis Rey River, 
San Vincente Creek, and Sweetwater River (Winter in litt. 2010). In a 
recent study by Jolley et al. (2010, p. 519), wild pigs were found to 
negatively affect almost all aspects of ecosystem structure and 
function. Their rooting disturbs soil layers and natural decomposition 
cycles. Typically traveling in groups, areas where pigs have rooted 
appear as if rototilled, leaving large areas of bare earth that can be 
easily colonized by invasive weeds. In addition to rooting and habitat 
alteration, wild pigs prey on reptiles and amphibians, although the 
extent of predation has not been quantified (Jolley et al. 2010, p. 
520).
    In recent decades, large fires in the West have become more 
frequent, more widespread, and potentially more deadly (Joint Fire 
Science Program (JFSP) 2007, pp. 1-12). Wildfire has always been a 
periodic visitor to southern California forests, as part of the cycle 
of natural dynamics that influences the composition of our forests 
(JFSP 2007, p. 1). However, recently there has been a shift to more 
severe fires in some locations and wildfire effects are often 
exacerbated by drought and insect attack. In addition, fire suppression 
activities such as fire line construction, hand line construction, 
bulldozing, water withdrawal using helicopters and pumps, backfiring, 
and fire camp and safety zone construction pose a threat to the arroyo 
toad.
    Direct mortality to arroyo toads can result from construction of 
fuelbreaks and safety zones in stream terraces where arroyo toads are 
burrowed. Bulldozing operations can also severely degrade other 
essential upland habitats. For example, in response to the Zaca Fire 
that occurred on the Los Padres National Forest in 2007, a number of 
broad fuelbreaks and safety zones were bulldozed in several areas, 
including the lower portions of Mono and Indian Creeks (Sweet 2007a, 
pp. 1-9; 2007b, p. 1). Based on research along Mono and Indian Creeks 
prior to the fire (Sweet 1992, pp. 1-198; 1993, pp. 1-73), juvenile and 
adult arroyo toads were known to make extensive use of the stream 
terraces where several of the fuelbreaks and safety zones were 
constructed. In August and September of 2007 when construction 
occurred, a large proportion of the population would have been within 
burrows on the terraces and any toads that were in those burrows were 
very likely killed by the bulldozing (Sweet 2007a, p. 1). In addition 
to causing direct mortality, Sweet (2007a, p. 1) reported that the 
bulldozing operations severely degraded essential upland habitat by 
removing shade and the opportunity for toads to select microclimates 
based on soil temperature, moisture content, and ground cover. The 
bulldozing also created substantial barriers to toad movement through 
the placement of large piles of woody debris between the creek bed and 
the terraces. This formed ideal conditions for the terraces to become 
invaded by nonnative weeds, in particular yellow star thistle 
(Centaurea solstitialis), and thus created unsuitable habitat for 
arroyo toads because they are unable to dig burrows for shelter or 
aestivation in terraces where yellow star thistle is well-established 
(Sweet 2007a, p. 1). Based on the above information, we believe arroyo 
toads suffer direct mortality and habitat loss from fire suppression 
activities.

Previous Federal Action

    On July 20, 2007 (Service 2007, pp. 1-2), we announced that we 
would review the April 13, 2005, final rule after questions were raised 
about the integrity of scientific information used and whether the 
decision made was consistent with the appropriate legal standards. 
Based on our review of the previous final critical habitat designation, 
we determined it was necessary to revise critical habitat, and we 
published a proposal to revise the designation on October 13, 2009 (74 
FR 52612). Additionally, 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 2005 designation of 
critical habitat for the arroyo toad (Center for Biological Diversity 
v. U.S. Fish and Wildlife Service, Case No. 07-2380-JM-AJB). On June 5, 
2008, the court entered a consent decree requiring a proposed revised 
critical habitat rule to be submitted to the Federal Register by 
October 1, 2009,

[[Page 7248]]

and a final revised critical habitat designation to be submitted to the 
Federal Register by October 1, 2010. On June 29, 2010, we published in 
the Federal Register a notice reopening the comment period on the 
proposed rule and making available the draft economic analysis (75 FR 
37358). On August 10, 2010, the U.S. District Court granted a motion to 
modify the stipulated settlement agreement to submit the final revised 
critical habitat determination to the Federal Register on January 21, 
2011. For more information on previous Federal actions concerning the 
arroyo toad, refer to the proposed revisions to critical habitat 
published in the Federal Register on October 13, 2009 (74 FR 52612).

Summary of Changes From the 2005 Critical Habitat Designation

    On April 28, 2004 (69 FR 23254), we proposed to designate 138,713 
ac (56,133 ha) of critical habitat for the arroyo toad in 23 units. On 
April 13, 2005 (70 FR 19562), we designated approximately 11,695 ac 
(4,733 ha) of critical habitat for the arroyo toad in six units. We 
proposed to revise this designation to approximately 109,110 ac (44,155 
ha) in 22 units on October 13, 2009 (74 FR 52612). This final revised 
critical habitat designation includes approximately 98,366 ac (39,807 
ha) in 21 units, after excluding portions of Units/Subunits 6b, 8, 9, 
10a, 10b, 11a, 13b, 13c, 14, 15, 16d, 17a, 18c, and 19a (approximately 
11,697 ac (4,734 ha)) based on consideration of economic, national 
security, and other relevant impacts (see Exclusions Under Section 
4(b)(2) of the Act section below). The areas identified in this final 
revised rule constitute revisions of areas excluded and designated as 
critical habitat for the arroyo toad on April 13, 2005 (70 FR 19562; 
Figure 1), and proposed revisions to that rule published on October 13, 
2009 (74 FR 52612). This final revised critical habitat designation 
includes approximately 98,366 ac (39,807 ha) of land in Santa Barbara, 
Ventura, Los Angeles, San Bernardino, Riverside, Orange, and San Diego 
Counties, California. Table 1 below outlines the differences between 
the 2005 final critical habitat rule (70 FR 19562; April 13, 2005), the 
2009 proposed revisions to the critical habitat designation (74 FR 
52612; October 13, 2009), and this final revised critical habitat 
designation for the arroyo toad. For more information on the 
differences between the 2005 critical habitat rule and the 2009 
proposed revised critical habitat rule, please see the Summary of 
Changes From Previously Designated Critical Habitat section of the 
proposed revised critical habitat rule published in the Federal 
Register on October 13, 2009 (74 FR 52612).

 Table 1--Changes Between the April 13, 2005, Arroyo Toad Revised Critical Habitat Designation; the October 13,
2009 and the June 29, 2010, Proposed Revised Designation; and This Revised Final designation. Acreage Values Are
                                  Approximate and May Not Total Due to Rounding
----------------------------------------------------------------------------------------------------------------
                                                                             2009 and 2010
                                                       2005 Designation        Proposed       2010 Final revised
 Critical habitat unit  in this                           of revised       revisions to the    critical habitat
           final rule                   County         critical habitat    critical  habitat  designation and ac
                                                          and ac (ha)     designation and ac         (ha)
                                                                                 (ha)
----------------------------------------------------------------------------------------------------------------
1. San Antonio River............  Monterey..........  Entire Unit         Entire Unit         Entire Unit
                                                       excluded under      exempted under      exempted under
                                                       4(b)(2) for         4(a)(3).            4(a)(3).
                                                       national security
                                                       reasons.
2. Sisquoc River................  Santa Barbara.....  Designated as Unit  Included as Unit    Designated as Unit
                                                       2: 4,800 (1,942).   2: 3,775 (1,528).   2: 3,775 (1,528).
3. Upper Santa Ynez River Basin.  Santa Barbara.....  Entire Unit         Included as Unit    Designated as Unit
                                                       excluded under      3: 3,032 (1,227).   3: 3,032 (1,227).
                                                       4(b)(2) for
                                                       economic reasons.
4. Sespe Creek..................  Ventura...........  Designated as Unit  Included as Unit    Designated as Unit
                                                       4: 4,008 (1,622).   4: 2,760 (1,117).   4: 2,760 (1,117).
5. Piru Creek...................  Ventura...........  Entire Unit         Included as Unit    Designated as Unit
                                                       excluded under      5: 2,507 (1,015).   5: 2,507 (1,015).
                                                       4(b)(2) for
                                                       economic reasons.
5a..............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 5a: 1,358   Subunit 5a: 1,358
                                                                           (550).              (550).
5b..............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 5b: 1,149   Subunit 5b: 1,149
                                                                           (465).              (465).
6. Upper Santa Clara River Basin  Los Angeles.......  Entire Unit         Included as Unit    Designated as Unit
                                                       excluded under      6: 3,795 (1,537).   6: 2,802 (1,134).
                                                       4(b)(2) for
                                                       economic reasons.
6a..............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 6a: 520     Subunit 6a: 520
                                                                           (210).              (210).
6b..............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 6b: 1,995   Subunit 6b: 1,003
                                                                           (807).              (406).
6c..............................  ..................  ..................  Included as         Designated as
                                                                           subunit 6c: 1,279   Subunit 6c: 1,279
                                                                           (518).              (518).
7. Upper Los Angeles River Basin  Los Angeles.......  Entire Unit         Included as Unit    Designated as Unit
                                                       excluded under      7: 1,190 (482).     7: 1,190 (482).
                                                       4(b)(2) for
                                                       economic reasons.
8. Lower Santa Ana River Basin..  Orange............  Entire Unit         Included as Unit    Designated as Unit
                                                       excluded under      8: 2,182 (883).     8: 737 (298).
                                                       4(b)(2) for
                                                       economic reasons.
9. San Jacinto River Basin......  Riverside.........  Designated as Unit  Included as Unit    Designated as Unit
                                                       9: 700 (283).       9: 2,406 (974).     9: 2,391 (968).
9a..............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 9a: 1,226   Subunit 9a: 1,226
                                                                           (496).              (496).
9b..............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 9b: 1,180   Subunit 9b: 1,166
                                                                           (478).              (472).

[[Page 7249]]

 
10. San Juan Creek Basin........  Orange, Riverside.  Entire Unit         Included as Unit    Designated as Unit
                                                       excluded under      10: 5,667 (2,293).  10: 3,496
                                                       4(b)(2) for                             (1,415).
                                                       economic reasons.
10a.............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 10a:        Subunit 10a:
                                                                           4,728 (1,913).      3,096 (1,253).
10b.............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 10b: 939    Subunit 10b: 399
                                                                           (380).              (161).
11. San Mateo Creek Basin.......  Orange, San Diego.  Entire Unit either  Included as Unit    Designated as Unit
                                                       excluded under      11: 1,878 (758).    11: 1,820 (737).
                                                       4(b)(2) for
                                                       economic reasons
                                                       or exempted under
                                                       4(a)(3).
11a.............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 11a:        Subunit 11a: 975
                                                                           1,034 (418).        (395).
11b.............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 11b: 844    Subunit 11b: 844
                                                                           (341).              (341).
12. Lower Santa Margarita River   San Diego.........  Entire Unit either  Included as Unit    Designated as Unit
 Basin.                                                excluded under      12: 1,009 (408).    12: 1,009 (408).
                                                       4(b)(2) for
                                                       economic reasons
                                                       or exempted under
                                                       4(a)(3).
12a.............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 12a: 394    Subunit 12a: 394
                                                                           (159).              (159).
12b.............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 12b: 615    Subunit 12b: 615
                                                                           (248).              (248).
13. Upper Santa Margarita River   Riverside, San      Entire Unit         Included as Unit    Designated as Unit
 Basin.                            Diego.              excluded under      13: 8,137 (3,293).  13: 7,863
                                                       4(b)(2) for                             (3,182).
                                                       economic reasons.
13a.............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 13a:        Subunit 13a:
                                                                           1,155 (467).        1,155 (467).
13b.............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 13b:        Subunit 13b:
                                                                           4,756 (1,925).      4,731 (1,914).
13c.............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 13c:        Subunit 13c:
                                                                           2,226 (901).        1,977 (800).
14. Lower and Middle San Luis     San Diego.........  Entire Unit         Included as Unit    Designated as Unit
 Rey River Basin.                                      excluded under      14: 12,906          14: 10,115
                                                       4(b)(2) for         (5,223).            (4,093).
                                                       economic reasons.
15. Upper San Luis Rey River      San Diego.........  Entire Unit         Included as Unit    Designated as Unit
 Basin.                                                excluded under      15: 12,977          15: 8,368
                                                       4(b)(2) for         (5,252).            (3,336).
                                                       economic reasons.
16. Santa Ysabel Creek Basin....  San Diego.........  Entire Unit         Included as Unit    Designated as Unit
                                                       excluded under      16: 15,494          16: 15,370
                                                       4(b)(2) for         (6,270).            (6,220).
                                                       economic reasons.
16a.............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 16a:        Subunit 16a:
                                                                           13,967 (5,652).     13,865 (5,611).
16d.............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 16d:        Subunit 16d:
                                                                           1,527 (618).        1,504 (609).
17. San Diego River Basin/San     San Diego.........  Entire Unit         Included as Unit    Designated as Unit
 Vicente Creek.                                        excluded under      17: 4,263 (1,725).  17: 4,171
                                                       4(b)(2) for                             (1,688).
                                                       economic reasons.
17a.............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 17a:        Subunit 17a:
                                                                           1,241 (502).        1,149 (465).
17b.............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 17b:        Subunit 17b:
                                                                           1,865 (755).        1,865 (754).
17d.............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 17d:        Subunit 17d:
                                                                           1,158 (469).        1,158 (469).
18. Sweetwater River Basin......  San Diego.........  Entire Unit         Included as Unit    Designated as Unit
                                                       excluded under      18: 4,783 (1,936).  18: 4,624
                                                       4(b)(2) for                             (1,871).
                                                       economic reasons.
18a.............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 18a:        Subunit 18a:
                                                                           4,156 (1,682).      4,156 (1,682).
18c.............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 18c: 627    Subunit 18c: 470
                                                                           (254).              (189).
19. Cottonwood Creek Basin......  San Diego.........  Entire Unit         Included as Unit    Designated as Unit
                                                       excluded under      19: 14,375          19: 14,344
                                                       4(b)(2) for         (5,817).            (5,804).
                                                       economic reasons.
19a.............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 19a:        Subunit 19a:
                                                                           5,847 (2,366).      5,816 (2,353).

[[Page 7250]]

 
19b.............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 19b:        Subunit 19b:
                                                                           5,129 (2,076).      5,129 (2,076).
19c.............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 19c:        Subunit 19c:
                                                                           1,511 (611).        1,511 (611).
19d.............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 19d: 938    Subunit 19d: 938
                                                                           (380).              (380).
19e.............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 19e: 950    Subunit 19e: 950
                                                                           (384).              (384).
20. Upper Santa Ana River Basin/  San Bernardino....  Designated as Unit  Included as Unit    Designated as Unit
 Cajon Wash.                                           20: 1,119 (453).    20: 1,775 (718).    20: 1,775 (718).
21. Little Rock Creek Basin.....  Los Angeles.......  Designated as Unit  Included as Unit    Designated as Unit
                                                       21: 734 (297).      21: 612 (248).      21: 612 (248).
22. Upper Mojave River Basin....  San Bernardino....  Entire Unit         Included as Unit    Designated as Unit
                                                       excluded under      22: 5,919 (2,395).  22: 5,602
                                                       4(b)(2) for                             (2,267).
                                                       economic reasons.
22a.............................  ..................  ..................  Included as         Designated as
                                                                           Subunit 22a:        Subunit 22a:
                                                                           5,684 (2,300).      5,602 (2,267).
22c.............................  ..................  ..................  Included as         Entire Subunit
                                                                           Subunit 22c: 235    removed--does not
                                                                           (95).               meet the
                                                                                               definition of
                                                                                               critical habitat.
23. Whitewater River Basin......  Riverside.........  Designated as Unit  Included as Unit    Entire Unit
                                                       23: 333 (135).      23: 1,355 (548).    removed--does not
                                                                                               meet the
                                                                                               definition of
                                                                                               critical habitat.
                                 -------------------------------------------------------------------------------
    Total *.....................  ..................  11,695 (4,733)....  112,765 (45,634)..  98,366 (39,807)
----------------------------------------------------------------------------------------------------------------
* Values in table may not sum due to rounding.

Summary of Changes From the 2009 Proposed Rule To Revise Critical 
Habitat

    The most significant changes between the October 2009 proposed 
revision and this final revised rule are outlined in Table 1 above and 
include:
    (1) In the document making available the draft economic analysis of 
revised critical habitat designation for the Arroyo toad (DEA) (75 FR 
37358; June 29, 2010), we stated we were considering exclusion of the 
entirety of Subunit 6b from critical habitat based on the many 
conservation measures included in the Natural River Management Plan 
that protect the arroyo toad and its habitat on Newhall Ranch lands in 
Subunit 6b, the conservation easement lands that have already been 
conveyed to California Department of Fish and Game (CDFG) and are 
planned in the future in this subunit, and the valuable conservation 
partnership we have developed over the years with Newhall Ranch. We 
have now made a final determination that the benefits of exclusion 
outweigh the benefits of inclusion for the lands covered by the 
conservation easements already conveyed to the CDFG and exclusion of 
these lands will not result in extinction of the species. Therefore, 
the Secretary is exercising his discretion to exclude approximately 330 
ac (134 ha) of private land in Unit 6 under section 4(b)(2) of the Act 
(see Exclusions Under Section 4(b)(2) of the Act section below).
    (2) In the proposed revised critical habitat rule (74 FR 52612), we 
erroneously identified some of the upland habitat areas bordering the 
river corridors of the Santa Clara River and Castaic Creek as critical 
habitat in Subunit 6b. Upon closer examination, we have found that 
little of these lands remain as native habitats that would be useable 
as foraging areas by arroyo toads because these lands are either 
developed, used for intensive agriculture, or inaccessible to arroyo 
toads due to busy roads or steep slopes. We now find that these areas 
do not contain the physical or biological features that are essential 
to the conservation of the arroyo toad, and therefore we have removed 
approximately 662 ac (268 ha) from Subunit 6b.
    (3) In the 2009 proposed revised rule, we included lands that 
encompass Santiago Creek from just below the confluence with Black Star 
Creek downstream to Irvine Lake in Unit 8. Following public comment, we 
reevaluated this area and determined that this area is unsuitable for 
arroyo toads because water from Irvine Lake frequently backs up into 
this area and creates conditions favorable for arroyo toad predators, 
and therefore it does not contain the physical or biological features 
essential to the conservation of the arroyo toad. Additionally, we 
removed other areas that do not contain the physical or biological 
features such as developed areas and roads. Therefore, we removed 
approximately 185 ac (75 ha) from Unit 8.
    (4) In the 2009 proposed revised rule, we stated we were 
considering lands owned by or under the jurisdiction of the permittees 
of the Orange County Central-Coastal Subregional NCCP/HCP (Orange 
County Central-Coastal NCCP/HCP) and 670 ac (271 ha) of land in the 
associated North Ranch Policy Plan Area (NRPPA) for exclusion under 
section 4(b)(2) of the Act. We have now made a final determination that 
the benefits of exclusion outweigh the benefits of inclusion of these 
lands and the exclusion will not result in extinction of the species. 
Therefore, the Secretary is exercising his discretion to exclude a 
total of approximately 1,259 ac (508 ha) of land covered by the Orange 
County Central-Coastal NCCP/HCP plan area (including those lands 
associated with the NRPPA) in Unit 8 in this final designation. For a 
complete

[[Page 7251]]

discussion of the benefits of inclusion and exclusion see Exclusions 
Under Section 4(b)(2) of the Act section below.
    (5) In the 2009 proposed revised rule, we stated we were 
considering lands owned by or under the jurisdiction of the permittees 
of the Southern Orange County Natural Community Conservation Plan 
(NCCP)/Master Streambed Alteration Agreement/HCP (Southern Orange HCP), 
now known as the Orange County Southern Subregion HCP, for exclusion 
under section 4(b)(2) of the Act. We have now made a final 
determination that the benefits of exclusion outweigh the benefits of 
inclusion of lands conserved and managed by Orange County Southern 
Subregion HCP permittees and the exclusion will not result in 
extinction of the species. Therefore, the Secretary is exercising his 
discretion to exclude approximately 2,179 ac (882 ha) of lands 
conserved and managed consistent with the Orange County Southern 
Subregion HCP in Units 10 and 11 in this final designation. For a 
complete discussion of the benefits of inclusion and exclusion, see 
Exclusions Under Section 4(b)(2) of the Act section below.
    (6) In the 2009 proposed revised rule, we erroneously identified 
some areas as critical habitat in Subunit 10b. Upon closer examination, 
we determined that approximately 31 ac (13 ha) are developed (such as 
highways or buildings) and do not contain the physical or biological 
features essential to the conservation of the arroyo toad. Therefore, 
we removed these areas from Subunit 10b.
    (7) In the 2009 proposed revised rule, we inadvertently included 
approximately 20 ac (8 ha) of land within Marine Corps Base Camp 
Pendleton in Subunit 11a. We have now exempted these areas from Subunit 
11a. For a complete discussion of exemptions under section 4(a)(3)(B) 
of the Act, see Exemptions section below.
    (8) In the 2009 proposed revised rule, we stated we were 
considering lands owned by or under the jurisdiction of the permittees 
of the Western Riverside County Multiple Species Habitat Conservation 
Plan (Western Riverside County MSHCP) for exclusion under section 
4(b)(2) of the Act. We have now made a final determination that the 
benefits of exclusion outweigh the benefits of inclusion of those lands 
owned by or under the jurisdiction of Western Riverside County MSHCP 
permittees that are conserved and managed, and that the exclusion will 
not result in extinction of the species. Therefore, the Secretary is 
exercising his discretion to exclude approximately 289 ac (118 ha) of 
lands conserved and managed consistent with the Western Riverside 
County MSHCP in Units 9 and 13 in this final designation. For a 
complete discussion of the benefits of inclusion and exclusion, see 
Exclusions Under Section 4(b)(2) of the Act section below.
    (9) In the 2009 proposed revised rule, we included approximately 57 
ac (23 ha) of lands that fall within the Meadowwood project site 
(within Unit 14) north of State Route 76 along the San Luis Rey River 
in San Diego County. Following public comment, we reevaluated this area 
and determined that it does not contain suitable breeding or 
aestivation habitat and therefore does not contain the physical or 
biological features essential to the conservation of the arroyo toad. 
Thus, we removed these areas from critical habitat. We did not remove 
all lands north of State Route 76, as arroyo toads may access these 
other areas via Horse Ranch Creek, which flows underneath State Route 
76 and connects with the San Luis Rey River.
    (10) In the 2009 proposed revised rule, we erroneously identified 
some areas as critical habitat in Subunit 16a. Upon closer examination, 
we determined that approximately 101 ac (40 ha) do not contain the 
physical or biological features essential to the conservation of the 
arroyo toad, as these lands are developed and, in one area, the mapping 
did not accurately follow the boundaries of the essential features and 
does not contain suitable habitat. Therefore, we removed these areas 
from Subunit 16a.
    (11) In the proposed revised rule, we stated we were considering 
excluding 4,046 ac (1,636 ha) of arroyo toad habitat in Units 14, 16, 
17, and 18 under section 4(b)(2) of the Act. These areas overlap with 
tribal lands that are owned or managed by the following tribes: The 
Rincon Band of Luise[ntilde]o Mission Indians of the Rincon Reservation 
(Rincon Band of Luise[ntilde]o Mission Indians); the Pala Band of 
Luise[ntilde]o Mission Indians of the Pala Reservation (Pala Band of 
Luise[ntilde]o Mission Indians); Sycuan Band of the Kumeyaay Nation; 
the Mesa Grande Band of Diegueno Mission Indians of the Mesa Grande 
Reservation (Mesa Grande Band of Diegueno Mission Indians); and the 
Barona Group of Capitan Grande Band of Mission Indians and the Viejas 
(Baron Long) Group of Capitan Grande Band of Mission Indians, which 
jointly manage the Capitan Grande Band of Diegueno Mission Indians 
Reservation (Capitan Grande Reservation). We have now made a final 
determination that the benefits of exclusion outweigh the benefits of 
inclusion of some of these tribal lands (i.e., tribal trust lands and 
those off-reservation lands (fee-owned) within the Sycuan Band of the 
Kumeyaay Nation that are currently in the process of being transferred 
to trust) and the exclusion will not result in extinction of the 
species. We have not concluded that the benefits of exclusion outweigh 
the benefits of inclusion for the remaining 1,046 ac (423 ha) of off-
reservation, fee-owned lands, and these lands are included in this 
final revised critical habitat designation (included in Table 2 within 
the private land ownership totals). Therefore, the Secretary is 
exercising his discretion under section 4(b)(2) of the Act to exclude a 
total of 3,000 ac (1,214 ha) as follows: 2,733 ac (1,103 ha) of tribal 
lands in Unit 14; 23 ac (9 ha) in Unit 16; 92 ac (37 ha) in Unit 17; 
and 152 ac (62 ha) in Unit 18 based on our government-to-government 
relationship with the tribes, and impacts to current and future 
partnerships with the affected tribes and other tribes we coordinate 
with on threatened and endangered species issues (see Exclusions Under 
Section 4(b)(2) of the Act--Tribal Lands section below).
    (12) In the 2009 proposed revised rule, we stated we were 
considering lands owned by or under the jurisdiction of the permittees 
of the San Diego Multiple Species Conservation Program (MSCP) for 
exclusion under section 4(b)(2) of the Act. After considering the 
relevant impacts, the Secretary is declining to exercise his discretion 
to exclude these lands. Therefore, we included approximately 9,339 ac 
(3,779 ha) of land owned by or under the jurisdiction of the permittees 
of the San Diego MSCP in Units 16, 17, 18 and 19 in this final 
designation.
    (13) In the 2009 proposed revised rule, we erroneously identified 
some areas as critical habitat in Subunit 18c. Upon closer examination, 
we determined that a road exists on approximately 6 ac (2 ha), and we 
have determined that these lands do not contain the physical or 
biological features essential to the conservation of the arroyo toad. 
Therefore, we removed these areas from Subunit 18c.
    (14) In the document that made available the draft economic 
analysis of revised critical habitat designation for the Arroyo Toad 
(DEA) published in the Federal Register on June 29, 2010 (75 FR 37358), 
we stated we were considering exclusion of the Department of Defense 
(DOD) Remote Training Site Warner Springs and Camp Morena from critical 
habitat designation for reasons of national security. We have now made 
a final determination that the benefits of exclusion outweigh the 
benefits of

[[Page 7252]]

inclusion for these lands and exclusion of these lands will not result 
in extinction of the species. Therefore, the Secretary is exercising 
his discretion to exclude approximately 4,640 ac (1,878 ha) of Bureau 
of Land Management (BLM) and U.S. Forest Service (Forest Service) lands 
leased to the DOD in Unit 15 and Unit 19 for reasons of national 
security under section 4(b)(2) of the Act (see Exclusions Under Section 
4(b)(2) of the Act--Impacts to National Security section below).
    (15) Based on information submitted by Summit Valley Ranch during 
the initial public comment period from October 13, 2009, to December 
14, 2009, we removed approximately 82 ac (33 ha) of private land from 
Subunit 22a. The lands in question are located north of State Road 138 
on Summit Valley Ranch, San Bernardino County. We included this area in 
the proposed revised critical habitat designation because we believed 
it contained suitable upland habitat for arroyo toads; however, it has 
come to our attention that: (1) Surveys have never detected arroyo 
toads in the area, (2) the area lacks the PCEs for the arroyo toad, and 
(3) State Route 138 serves as a barrier for arroyo toads to disperse 
into the area. Consequently, we determined that the area north of State 
Route 138 does not contain the physical or biological features 
essential to the conservation of arroyo toads and, therefore, does not 
meet the definition of critical habitat for the arroyo toad.
    (16) We removed Subunit 22c (approximately 234 ac (95 ha)) from the 
final revised critical habitat designation. Subunit 22c is within the 
geographical area occupied by the species at the time of listing; 
however, this subunit was erroneously included in the 2009 revised 
proposed rule (74 FR 52612; October 13, 2009). Although we were not 
aware of this issue when we published the proposed rule, the existence 
of Cedar Springs Dam upstream of this subunit has altered the hydrology 
of the 1-mile (1.6 km) reach of the upper West Fork of the Mojave River 
to the upper end of Silverwood Lake to such an extent that it does not 
contain the features essential to the conservation of the species and, 
therefore, does not meet the definition of critical habitat for the 
arroyo toad.
    (17) We removed lands within the jurisdiction of the Coachella 
Valley Multiple Species Conservation Plan (Coachella Valley MSHCP; Unit 
23 (approximately 1,355 ac (548 ha)) from the final revised critical 
habitat designation. This unit was erroneously included in the proposed 
revised rule (74 FR 52612; October 13, 2009). Following examination of 
data used to map Unit 23 in the proposed rule and discussions with 
species experts regarding identification records, we determined that 
these records are not arroyo toads and do not support a determination 
that this area meets the definition of critical habitat. Therefore, 
Unit 23 is not included in this final revised critical habitat rule.
    (18) 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 our proposed revised rule. These changes were recommended to improve 
clarity, include additional information, and correct minor errors. They 
have been incorporated into this final revised rule where appropriate.
    (19) In the document making available the draft economic analysis 
(75 FR 37358; June 29, 2010), we added approximately 1,068 ac (432 ha) 
to proposed Subunit 11b, approximately 951 ac (385 ha) to proposed Unit 
15, approximately 1,831 ac (741 ha) to proposed Subunit 16a, and 
approximately 96 ac (39 ha) to proposed Subunit 16d. For a complete 
discussion of these revisions, see Changes to Proposed Revised Critical 
Habitat in the document making available the draft economic analysis 
(75 FR 37358; June 29, 2010).
    (20) To prepare final critical habitat maps, we overlay maps of 
those lands we are excluding from this critical habitat designation on 
polygons that were used to delineate the areas proposed as critical 
habitat. This process can leave small fragments (generally less than an 
acre and not contiguous with designated critical habitat) of a proposed 
critical habitat unit or subunit that are not included in the excluded 
acreage but are instead removed due to discrepancies in the mapping 
process (such as differences in GIS layers that are mapped at different 
scales). These fragments in Unit 8, Subunit 10a, and Unit 14 were not 
included in the final revised critical habitat designation. As a 
result, the sum of the areas designated and excluded is slightly 
reduced in this final revised critical habitat designation compared to 
the size of the total proposed designation due to removal of these 
small artifacts or fragments created by the mapping discrepancies.

Critical Habitat

Background

    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) Which may require special management considerations or 
protection; and
    (2) Specific areas outside the geographical area occupied by a 
species at the time it is listed, upon a determination that such areas 
are essential for the conservation of the species.
    Conservation, as defined under section 3 of the Act, means the use 
of all methods and procedures that are necessary to bring any 
endangered species or threatened species to the point at which the 
measures provided under the Act are no longer necessary. 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 and 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 seeks or requests Federal agency 
funding or authorization of an activity 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 Federal action agency's and the applicant's 
obligation under section 7(a)(2) of the Act is not to restore or 
recover the species, but to implement reasonable and prudent 
alternatives to avoid destruction or adverse modification of critical 
habitat.
    For inclusion in a critical habitat designation, habitat within the

[[Page 7253]]

geographical area occupied by the species at the time it was listed 
must contain the physical or biological features that are essential to 
the conservation of the species and which may require special 
management considerations or protection. Critical habitat designations 
identify, to the extent known using the best scientific and commercial 
data available, those physical or biological features that are 
essential to the conservation of the species (such as space, food, 
cover, and protected habitat), focusing on the principal biological or 
physical constituent elements (primary constituent elements) within an 
area that are essential to the conservation of the species (such as 
roost sites, nesting grounds, seasonal wetlands, water quality, tide, 
soil type). Primary constituent elements are the elements of physical 
or biological features that, when laid out in the appropriate quantity 
and spatial arrangement to provide for a species' life-history 
processes, are 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, 
upon a determination that such areas are essential for the conservation 
of the species. We designate critical habitat in areas outside the 
geographical area occupied by a species only when a designation limited 
to its range would be inadequate to ensure the conservation of the 
species. When the best available scientific data do not demonstrate 
that the conservation needs of the species require such additional 
areas, we will not designate critical habitat in areas outside the 
geographical area occupied by the species. An area currently occupied 
by the species but that was not occupied at the time of listing may, 
however, be essential for the conservation of the species and may be 
included in the critical habitat designation.
    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 and 
any previous designations of critical habitat. Additional information 
sources may include the recovery plan for the species, 5-year reviews 
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 dynamic, and species may move from one area to another 
over time. Climate change will be a particular challenge for 
biodiversity conservation 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 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 2007, p. 11; Cayan et al. 2009, p. xi). However, 
predictions of climatic conditions for smaller sub-regions, such as 
California, remain uncertain. It is unknown at this time if climate 
change in California will result in a warmer trend with localized 
drying, higher precipitation events, or other conditions. Thus, the 
information currently available on the effects of global climate change 
and increasing temperatures does not make sufficiently precise 
estimates of the location and magnitude of the effects. Nor are we 
currently aware of any climate change information specific to the 
habitat of the arroyo toad that would indicate what areas may become 
important to the species in the future. Therefore, we are unable to 
determine what additional areas, if any, may be appropriate to include 
in the revised critical habitat for this species. 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 critical habitat area is unimportant or may not 
be required for recovery of the species.
    Areas that are important to the conservation of the arroyo toad, 
both inside and outside the critical habitat designation, will continue 
to be subject to: (1) Conservation actions implemented under section 
7(a)(1) of the Act, (2) regulatory protections afforded by the 
requirement in section 7(a)(2) of the Act for Federal agencies to 
insure their actions are not likely to jeopardize the continued 
existence of any endangered or threatened species, and (3) the 
prohibitions of section 9 of the Act. Federally funded or permitted 
projects affecting listed species outside their designated critical 
habitat areas may still result in jeopardy findings in some cases. 
These protections and conservation tools will continue to contribute to 
recovery of this species. 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 at the time 
of these planning efforts calls for a different outcome.

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 within the geographical 
area occupied at the time of listing to designate as revised critical 
habitat, we consider the physical and biological features that are 
essential to the conservation of the species that may require special 
management considerations or protection. These include, but are not 
limited to:
    (1) Space for individual and population growth, and for normal 
behavior;
    (2) Food, water, air, light, minerals, or other nutritional or 
physiological requirements;
    (3) Cover or shelter;
    (4) Sites for breeding, reproduction, and rearing (or development) 
of offspring; and
    (5) Habitats that are protected from disturbance or are 
representative of the historical, geographical, and ecological 
distributions of a species.
    We derive the specific physical and biological features required 
for conservation of the arroyo toad from studies of this species' 
habitat, ecology,

[[Page 7254]]

and life history, as described below and in proposed revisions to 
critical habitat published in the Federal Register on October 13, 2