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. Appendices F and G of the recovery plan identified vernal pool complexes needed to stabilize or reclassify the San Diego fairy shrimp to threatened status based on information available to the Service in 1998. For critical habitat, a biological opinion that concludes in a determination of no destruction or adverse modification may contain discretionary conservation recommendations to minimize adverse effects to primary constituent elements, but it would not suggest the implementation of any reasonable and prudent alternative. The PCEs in this critical habitat subunit may require special management considerations or protection to address threats from development, off-road vehicles, and nonnative species that may negatively impact the San Diego fairy shrimp and its habitat. We provided information to better explain how we identified which vernal pool complexes contain the features essential to the conservation of the San Diego fairy shrimp, and how we delineated the areas that contain the PCEs for each critical habitat subunit. In accordance with our policy published on July 1, 1994 (59 FR 34270), we solicited expert opinions from eight individuals with scientific expertise that included familiarity with the species, the geographic region where the species occurs, and conservation biology principles. We are excluding Subunit 1A from critical habitat because this area is part of The Irvine Ranch. The DEA concluded that no project modifications are anticipated to occur in any energy producing industries from the implementation of this rule. 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. Furthermore, we do not have any evidence to indicate that the San Diego fairy shrimp has ever occupied this vernal pool complex, currently or historically. Start Printed Page 70709. In addition, we conducted a DEA of the impacts of the proposed revision to designated critical habitat and related factors (referred to here as the DEA). Subunit 4M is owned and managed by the City of San Diego, Airports Division. 1997) and mitochondrial DNA (genetic sequence) studies (citing Bohonak 2004) indicate that within pool complexes, there is a low degree of genetic variation, but Start Printed Page 70650between vernal pool complexes there is a high degree of genetic variation. Our Response: Although we believe that an NCCP/HCP completed in the future will conserve the San Diego fairy shrimp if it is a covered species under the plan, we are not able to automatically remove designated critical habitat. The areas designated in this rule reflect our current assessment, based on the best available information, of habitat essential to the conservation of the species. We have also excluded lands from this revised final designation under section 4(b)(2) that are covered by the Southern Subregion HCP, a recently completed HCP in Orange County. Although, industrial sector's growth lagged behind the target of 7% during FY 2016-17; Large Scale Manufacturing (LSM) gained pace GDP Growth 2018 E* 6.0% 5.3% 2017 4.7% 2016 4.2% 2015 2014 4.1% 3.6% 2013 2012 3.7% * Source: State Bank of Pakistan during 2017 with increase of 5.7% during FY 2016-17. In developing our designations of critical habitat, we consider economic impacts, impacts to national security, and other relevant impacts under section 4(b)(2) of the Act. Discing, grading and digging in ways that impact the topography and soils near vernal pool complexes (PCE 3) can also indirectly impact the hydrology (PCE 1 and PCE 2). Rather they are the result of the court's determination that there are deficiencies in the City of San Diego subarea plan under the MSCP and in the Service's decision to issue an incidental take permit based on the plan. According to some researchers, the designation of critical habitat on private lands significantly reduces the likelihood that landowners will support and carry out conservation actions (Main et al. 296-304). Critical habitat subunit 5D on eastern Otay Mesa contains vernal pools that support known locations of the San Diego fairy shrimp and the watershed area necessary to maintain the vernal pools. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. At that time, the plan was still under development. Excluding land bounded by the following UTM NAD27 coordinates (E,N): 506704, 3606405; 506655, 3606405; 506655, 3606405; 506655, 3606400; 506656, 3606300; 506656, 3606200; 506656, 3606186; 506656, 3606186; 506706, 3606186; 506831, 3606187; 506831, 3606252; 506847, 3606275; 506858, 3606290; 506858, 3606290; 506858, 3606372; 506858, 3606392; 506858, 3606405. The outcome of the designation, triggering regulatory requirements for actions funded, authorized, or carried out by Federal agencies under section 7(a)(2) of the Act, can sometimes be counterproductive to its intended purpose on non-Federal lands. In addition, all of the land designated in this revised final rule was considered for critical habitat in the 2003 proposed rule. Subunit 5I is within the Marron Valley Conservation Bank, which is included in the MSCP Cornerstone Bank Agreement. This final revision to critical habitat includes some lands that were not identified in the recovery plan or the 2000 critical habitat designation, but which we have since concluded are within the geographical area occupied by the species at the time of listing and contain the physical and biological features essential to the conservation of the species. Activities that may destroy or adversely modify critical habitat are those that alter the PCEs to an extent that appreciably reduces the conservation value of critical habitat for San Diego fairy shrimp. We removed all areas in this subunit that do not contain features essential to the conservation of the San Diego fairy shrimp. Such conservation needs are often not addressed through the application of the statutory prohibition on adverse modification or destruction of critical habitat. Furthermore, both HCP and Natural Communities Conservation Plan (NCCP)-HCP applications require consultation, which would review the effects of all HCP-covered activities that might adversely impact the species under a jeopardy standard, including possibly significant habitat modification (see definition of “harm” at 50 CFR 17.3), even without the critical habitat designation. Subunit 4F consists entirely of public land owned by the City of San Diego. In light of the SWANCC and Bartel decisions, the conservation of essential habitat in the City of San Diego is uncertain. E1-E16), and 10(A)(1)(a) reports submitted to the Service for San Diego fairy shrimp. (vi) Subunit 4G. Furthermore, we recognize that designation of critical habitat may not include all of the habitat areas that we may eventually determine, based on scientific data not now available to the Service, are necessary for the recovery of the species. 4. It borders Norway and Finland on the northwest, Poland on the west, and China, the Mongolian People's Republic, and the People's . The recovery plan noted that historical distributions of vernal pool species can be reconstructed and the landscape restored sufficiently to allow for the reestablishment and expansion of populations, where necessary (Service 1998a, p. 71). Subunit 4H is located north of Calle Cristobal and south of Los Peñasquitos Canyon, 6 mi (10 km) inland from the coast. Occupancy status was determined using occurrence data from the CNDDB (2001, 2004, 2007), the City of San Diego's Vernal Pool Inventory (2003), the Ramona Vernal Pool Conservation Study (TAIC and EDAW 2005), Appendix E of the Recovery Plan for Vernal Pools of Southern California (Service 1998a, pp. Virtually all of this land is sought after for commercial and residential development. On June 11, 2002, the U.S. District Court for the Central District of California granted our request for a remand of the San Diego fairy shrimp critical habitat designation so that we could reconsider the economic impact of designating any particular area as critical habitat. Accordingly, the analysis bases estimates on activities that are likely to occur within a 20-year time frame, from when the proposed rule became available to the public (68 FR 19888, April 22, 2003). Approximately 62 ac (25 ha) of Fairview Park were designated as critical habitat in October 2000 (65 FR 63438). documents in the last year, by the Health and Human Services Department Following the publication of the proposed rule, the Act was amended to include section 4(a)(3)(B)(i). The commenter stated that this consultation process would lengthen the time and increase the cost to process projects. The Public Inspection page The court enjoined the incidental take permit with respect to ongoing and future land use activities that affect vernal pool habitat. First, a section 7(a)(2) consultation is required only where there is a Federal nexus (an action authorized, funded, or carried out by any Federal agency)—if there is no Federal nexus, the critical habitat designation of private lands itself does not restrict any actions that destroy or adversely modify critical habitat. veto over GibraltarALEXBARKER—BRUSSELS 390_Cover_PRESS.indd 1 19/01/2017 13:57 Mr Niehaus had turned over his device saging apps as the same as everything 485100, In keeping with Department of the Interior and Department of Commerce policy, we requested information from, and coordinated development of, critical habitat designation with appropriate State resource agencies in California. documents in the last year, 1453 The Master Plan guides all natural habitat restoration actions as well as passive and active public uses. documents in the last year, 38 The commenter indicated that the East Otay Mesa area supports relatively few known locations of the listed San Diego fairy shrimp, and that these locations are scattered and are not vernal pool complexes. In 2003, we proposed inclusion of land in revised critical habitat of lands within the Orange County Southern Subregion HCP. 10.00. Any such structures and the land under them inadvertently left inside critical habitat boundaries shown on the maps of this final rule are excluded by text in the final rule and are . Our Response: This commenter is incorrect about the historical distribution of the San Diego fairy shrimp. In general, critical habitat designation always has Start Printed Page 70680educational benefits; however, in some cases, they may be redundant with other educational effects. 1251 et seq.) 2002). 1996, pp. Habitat is often dynamic, and species may move from one area to another over time. Our Response: We have addressed this comment by providing a more detailed description of the primary constituent elements (PCEs) in this revised final rule. (xi) Subunit 4L. Specific conservation actions that benefit the San Diego fairy shrimp at this location include the exclusion of cattle from this area and the limitations placed on human access to this area. It also addresses distribution of impacts, including an assessment of the potential effects on small entities and the energy industry. b30 - replacement plastic base for p30 b-400 mixer b4i multi function bench top centrifuge b-540 melting point apparatus b-545 melting point apparatus b-585 to drying oven b-740 recirculating chiller b-740 recirculating chiller baby balance baby basket baby basket. New Documents This unit contains vernal pools that support San Diego fairy shrimp populations in the “Group A” genetic clade (Bohonak 2007, p. 1). We received several comments related to the exclusion and exemption of Department of Defense (DOD) lands from the revised final critical habitat. The MSCP provides for avoidance of impacts to vernal pool habitat for the San Diego fairy shrimp within and outside of existing and targeted reserve areas. Subunit 4A/B consists of 252 ac (102 ha) of habitat occupied by the species at the time of listing and the species continues to occur within this subunit. Furthermore, we do not have any records for San Diego fairy shrimp in the Otay River Valley below Lower Otay Reservoir. Our Response: We evaluated habitat on lands owned by the DHS within proposed subunits 5D and 5F, and removed or excluded all DHS-owned lands from this final designation. Designation of critical habitat only affects activities conducted, funded, or permitted by Federal agencies. We accepted comments and information until May 3, 2007. We believe that in many instances the benefit to a species and/or its habitat realized through the designation of critical habitat is low when compared to the conservation benefit that can be achieved through voluntary conservation efforts or management plans. Vernal pools generally occur in complexes. Based on the lack of occupancy data or any recent data contrary to the recovery plan, which specifically did not identify this area as necessary to stabilize or reclassify the San Diego fairy shrimp, we do not consider this complex essential to the conservation of this species. After we delineated all of the vernal pool complexes occupied by San Diego fairy shrimp, we examined the complexes to delineate the watersheds associated with the complexes and determined the extent of the PCEs in each complex and watershed. An additional 62 ac (25 ha) of land will be conserved under the Otay Ranch Phase 2 Resource Management Plan (Otay Ranch 2002) (Otay Ranch Plan)T). Land bounded by the following UTM NAD27 coordinates (E,N): 485100, 3641415; 485231, 3641411; 485237, 3641411; 485445, 3641409; 485450, 3641409; 485450, 3641400; 485444, 3641310; 485444, 3641310; 485438, 3641220; 485369, 3641214; 485290, 3641219; 485258, 3641235; 485211, 3641234; 485143, 3641234; 485111, 3641262; 485101, 3641270; 485069, 3641328; 485056, 3641340; 485041, 3641355; 485022, 3641356; 485015, 3641375; 485004, 3641397; 485000, 3641419; 485019, 3641424; 485035, 3641417; 485036, 3641417; 485039, 3641417. More than 60 percent of the United States is privately owned (National Wilderness Institute 1995), and at least 80 percent of endangered or threatened species occur either partially or solely on private lands (Crouse et al. San Diego fairy shrimp can reach sexually maturity and begin mating in 7 to 10 days from the time the vernal pool fills with water. Land bounded by the following UTM NAD27 coordinates (E,N): 505791, 3606031; 505841, 3605966; 505884, 3605895; 505914, 3605830; 505935, 3605785; 505950, 3605753; 505951, 3605750; 505964, 3605715; 505973, 3605708; 505983, 3605665; 505863, 3605614; 505847, 3605635; 505834, 3605651; 505825, 3605658; 505797, 3605677; 505774, 3605686; 505774, 3605767; 505774, 3605767; 505774, 3605807; 505774, 3606046; 505774, 3606046.
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