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HomeMy WebLinkAboutAttachment #11_Public Comments ATTACHMENT 11 .. t: {o: / Subject: ) .~uchi Attachments: E · Ms Kikuchi: Myra & Rick <myrickwenzel@gmail.com> Tuesday, March 02, 2021 8:20AM Noriko Kikuchi Case No. 3.4215 MAJ Mesa0bjection1.pdf; Mesa0bjection2.pdf; Mesa0bjection3.pdf Attached please find our 3 page timely filed objection to the above referenced. E.W.Rick Wenzel 1 / y March 1 ~ 2021 Noriko Kikuchi Department of Planning Services City of Palm Springs 3200 E. Tabquitz Canyon Way Palm Springs, CA 92262 Dear Ms Kikuchi: 320 W. El Camino Way Palm Springs, CA 92264 (760) 778·2842 In respo~ to your letter of February 18, 2021, my wife and I file this objection to the Proposed New Hillside Single-Family Residence on Vacant Parcel (Lot 4) Immediately Adjacent to 294 West Crestview Drive (APN:SI3·361...024). Location to Proposed Construction. Our house is the last house on the north side of West El Camino Way at tbe mouth of the Canyon/Wash. Our property extends into the Canyon/Wash and is adjacent to the subject Lot 4 which extends from the ridge at West Crestview Drive down the Canyon/Wash waU to the bottom. Area Bacground. The proposed construction is in The Mesa neighborhood of Palm Springs which consists of approximately 180 homes at the base of the San Jacinto Mountains. The area was created in the 1930s and was envisioned as a quaint and private community. AJthough some oftbe private aspect of the vision bas not been realized, the quaintness has. Moreover, The Mesa is the personification of eclectic with atchitecrural styles going from Spanish-style and adobe to the Mid-Centuty modem styles of Donald Wexler and the "simple yet stunning Alexander home on El C3ltlino at Mesa''. To say that The Mesa bas a unique charm and character would be an understatemenL Against that backdrop, we present our objections to the proposed application. 1 RECEIVED MAR 0 2 2021 PLANNI G SERVICES f)C"r>,. .,.....,... "-1\ T / / t. The Projected Contttuetion Is Excessively BulkY fgr the Site. The project consists of a 2889 SF house, 776 SF attached garage, pool and spa. The project encompasses 4S 15 SF of a 15,173 lot with the ridge portion of the lot of insufficient area to support the entire structure thereby requiring the use of ailspace for the back of the structure to be supported by piers into \he Canyon/Wash wall. When the dimensions of 8 house exceed the dimensions of the lot on which jt is to sit, that is the definition of excessive and bulky. Therefore, the appUcation must be denied. 2. The Natural agd Existina= i;ontours of the Canyon/Wash are Spoiled. Because the structure is of excessive bulk and scale requiring supporting piers to be impJanted in the wall of the Canyon/Wash, those supporting piers spoU the natural and existing contours of the Canyon/Wash thereby introducing unnatural features -i.e., concrete piers, in an otherwise natural setting, Therefore, the application must be denied. 3. The Project is Incompatible with the Desip of the Existin& Architeeture. The Mesa is an eclectic mix of architectural styles with that mix no more evident than in the surrounding homes on the ridge. The massive, overbearing design of the project would negatively dominate those homes and conflict with the charm and character of the Mesa neighborhood. Therefore, the application must be denied. 4. The Canyon is a Natural Watenhecl Necessitatinc an Absenq o[ Obstruction The area in question is at the base of the San Jacinto Mountains. It is the natural recipient of runoff .from the mountains and is the common outlet for any resulting outflow. That outflow was never more pronounced than on V aJentines Day 2019. The JUDOff that ensued on that day came down the mountain. duougb the Canyon/Wash and down West El Camino Way to Mesa Drive and South Palm Canyon Drive. It can only be described as 8 raging torrent of water that would take no prisonefl. To liken it to the roaring rapids of the American River in Sacramento would not be an injustice to the American River, That event alone, even if it ~only occasionally, requires the use of ultimate restraint when considering projects which impact areas susceptible of doing great harm. 2 RECEIVED MAR 0 2 2021 PLAN lNG SERVICES I')J=r"' r..,....n. 1<r:PIIT The implantation of concrete piers in the walls of a natural watershed creates an obstruction of unknown effect with the possibility of doing great harm. Therefore, the application must be denied. Conclusion. Whether the proposed construction is viewed from an environmental or aesthetic viewpoint, the question is whether it wiU enhance or detract. From OW' vantage point, the answer is cJear. The project must not be approved. Thank you. 3 RECEIVED MAR 0 2 2021 PLANNING SERVICES COMMENTS ON PROPOSED NEW HILLSIDE SINGLE FAMILY RESIDENCES VACANT PARCELS 4 AND 5 ADJACENT TO 294 W CRESTVIEW • Developer bought 5 lots as part of one parcel • Although he has filed plans for just 2 houses, it is clear he intends to build out all 5, thus it makes sense to take into account the near future use of all 5 of this HILLSIDE LOT DEVELOPMENT . • These lots are part of the wash and two parcels are in a small area that overlooks the wash. These parcels are proposed to be build on the wash • There have been no environmental, seismic or community studies submitted on how this proposed housing development will affect the area • The 2 eastern most lots, which include lot 4 { proposed 4500SF house , swimming pool , deck etc) overlap with a FEMA FLOOD ZONE, which starts toward the bottom of the wash and, bounded by W Crestview and El Camino, extends toward Mesa Drive This is shown on a Riverside County property website . • There needs to be a Natural Hazard Report confirming that the wash is a flood zone were these parcels are located • The lots are all located in a wash which serves as rainfall runoff drainage during times of heavy rain , a phenomenon occurring with more frequency as a result of climate change. Last active runoff through this wash/canyon was during the storm 2/14/2019. Other flooding has occurred on almost a yearly basis. • The proposed houses , at 4500 and 3500 SF are much larger than all other houses in the immediate neighborhood defined by upper W Crestview, Ridge Road and El Camino • West Crestview Road is only 20' wide at the building sites. City ordinance for new hillside development mandates 36' curb to curb width. • Architecturally no effort has been made to be harmonious with the existing homes . Proposed houses are large white rectangles that make no effort to integrate into the topography as well • There is no street parking and almost no off street parking at the site and in a radius around the site to accommodate the construction machinery and all the work trucks that will be required by the construction crews and tradespeople • The building process will severely restrict access of emergency and delivery vehicles, raising public safety concerns. • The Mesa neighborhood is a quite and peaceful area that many walk with their dogs • Part of The Mesa's charm is the local residents that meet up during these outings. • There are no sidewalks, so the narrow streets are shared by the pedestrians and cars RECEIVED MAR 0 2 2021 PLA ~NG S~J--lV iC E S rr 'r!_"' _ _, .-~nr From:Beck, Carly@Wildlife To:Planning; Noriko Kikuchi Cc:Thomas, Alicia L; Noelle Ronan (noelle_ronan@fws.gov); Pert, Heather@Wildlife Subject:CDFW Comments for the City of Palm Springs Planning Case Numbers 3.4215 MAJ, Case 3.4216 MAJ, and Case 3.4273DP Date:Tuesday, January 25, 2022 6:58:07 PM Attachments:image001.png NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hello, The California Department of Fish and Wildlife (CDFW) is providing comments on Case 3.4215 MAJ, Case 3.4216 MAJ, and Case 3.4273DP scheduled to go before the City of Palm Springs Planning Commission, Public Hearing on January 26th, 2022. The City of Palm Springs is located within the boundaries and is a permittee to the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP). Case 3.4273DP occurs within or directly adjacent to the Santa Rosa and San Jacinto Mountains Conservation Area described in the MSHCP. All three projects contain fish and wildlife resources that are subject to Fish and Game Code section 1600 et seq. and have potential impacts to the fully protected Peninsular bighorn sheep. CDFW issued Natural Community Conservation Plan Approval and Take Authorization for Coachella Valley MSHCP per Section 2800, et seq., of the California Fish and Game Code on September 9, 2008. The MSHCP establishes a multiple species conservation program to minimize and mitigate habitat loss and provides for the incidental take of covered species in association with activities covered under the permit. Compliance with approved habitat plans, such as the MSHCP, is discussed in CEQA. Specifically, Section 15125(d) of the CEQA Guidelines requires that the CEQA document discuss any inconsistencies between a proposed project and applicable general plans and regional plans, including habitat conservation plans and natural community conservation plans. An assessment of the impacts to the MSHCP as a result of a proposed project is necessary to address CEQA requirements. The proposed project, Case 3.4273DP, is within or directly adjacent to the MSHCP conservation area and is subject to the provisions and policies of the MSHCP. In order to be considered a covered activity, Permittees need to demonstrate that proposed actions are consistent with the MSHCP, the Permits, and the Implementing Agreement. CDFW recommends that the City of Palm Springs consult with the Coachella Valley Conservation Commission on Case 3.4273DP to ensure proper implementation of the MSHCP. If the project boundaries are within the Santa Rosa and San Jacinto Mountains Conservation Area a Joint Project Review may be required for the project. This process is outline within the Implementation Agreement Section 11.2.4 and within the MSHCP Section 6.6.1.1. If the project is not within but adjacent to the Santa Rosa and San Jacinto Mountains Conservation Area then the City of Palm Springs should condition the project to implement the Land Use Adjacency Guidelines set forth in Section 4.5 and, if necessary, the species objectives for Peninsular bighorn sheep Section 9.8.4 of the MSHCP. Additionally, CDFW was informed that the City of Palm Springs staff gave instruction during a public hearing that citizens could place water out for Peninsular bighorn sheep. CDFW is providing the following information for City Staff as guidance regarding Peninsular bighorn sheep. Peninsular bighorn sheep is an endangered and fully protected species. The best way for the public to support the recovery of Peninsular bighorn is by observing them from afar, respect sheep habitat by leaving no trace, and removing unnatural attractants within the adjacent urban environment. Providing food and or a water source for Peninsular bighorn sheep is considered as an attractant. Feeding or providing water to Peninsular bighorn sheep, classified as non-game, is a violation of the California Code of Regulations, Title 14, subdivision 251.1 and is punishable by a fine or of a misdemeanor, as it disrupts the normal behavioral patterns of Peninsular bighorn sheep, especially in desert habitats, and is considered harassment. For your convenience the California Code of Regulations, Title 14, subdivision 251.1 is provided below. Cal. Code Regs., tit. 14, § 251.1Harassment of Animals. Except as otherwise authorized in these regulations or in the Fish and Game Code, no person shall harass, herd or drive any game or nongame bird or mammal or furbearing mammal. For the purposes of this section, harass is defined as an intentional act which disrupts an animal's normal behavior patterns, which includes, but is not limited to, breeding, feeding or sheltering. This section does not apply to a landowner or tenant who drives or herds birds or mammals for the purpose of preventing damage to private or public property, including aquaculture and agriculture crops. Lastly, all three projects appear to have streams subject to Fish and Game Code section 1600 et seq. Depending on how the Project is designed and constructed, it is likely that the project’s applicant will need to notify CDFW per Fish and Game Code section 1602. Fish and Game Code section 1602 requires an entity to notify CDFW prior to commencing any activity that could substantially divert or obstruct the natural flow; change or use any material from the bed, channel or bank of any river, stream, or lake; or deposit debris, waste or other materials that could pass into any river, stream or lake. This includes ephemeral streams, desert washes, and watercourses with a subsurface flow. Upon receipt of a complete notification, CDFW determines if the proposed Project activities may substantially adversely affect existing fish and wildlife resources and whether a Lake and Streambed Alteration (LSA) Agreement is required. CDFW’s issuance of an LSA Agreement is a “project” subject to CEQA (see Pub. Resources Code § 21065). To facilitate issuance of an LSA Agreement, if necessary, a CEQA document should fully identify the potential impacts to the stream, or riparian resources, and provide adequate avoidance, mitigation, and monitoring and reporting commitments. CDFW would like to request the status of MSHCP implementation and any conditions of approval that have been assigned to the above projects. Should you have any questions please contact me at Carly.Beck@wildlife.ca.gov. Sincerely, Carly Beck Senior Environmental Scientist (Specialist) Inland Deserts Region California Department of Fish and Wildlife 3602 Inland Empire Blvd., Suite C-220 Ontario, CA 91764 951-218-2940 From:Miranda, Salomon@DWR To:Amanda Ross; Noriko Kikuchi; Rick Minjares Cc:Trushinski, Brian (brian.j.trushinski@fema.dhs.gov); Soule, Kelly@DWR; Duncan, Anntonette@DWR; Tam Sing, Garret@DWR; Marquez, Maria@DWR Subject:310 & 322 Crestview Drive, Palm Springs Date:Wednesday, February 16, 2022 4:48:00 PM Attachments:image001.png image002.png image003.png image005.png NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hi Amanda, Let me again thank you for the insightful conversation last Monday and for the opportunity to comment on the proposed structures located at 310 and 322 Crestview Drive, Palm Springs, CA, and the plans for future development in the 3 empty lots (APNs: 513-352-022, 513-352-020, and 513-352-021) located north of 310 and 322 Crestview Drive, and bounded by Ridge Rd. to the north and El Camino Way to the south (see Fig. 4). After our conversation, I conducted a research on the subject matter as it relates to the National Flood Insurance Program and the City’s Flood Damage Prevention Ordinance (Chapter 8.68 of the City’s Municipal Code), which covers all development standards within the Federal Emergency Management Agency’s special flood hazard areas for the City of Palm Springs. During my investigation I met with City of Palm Springs’ staff to go over the proposed project and development permit process. After my meeting with the City, it is fair to say that there is no evidence that the other 3 empty lots (APNs: 513-352-022, 513-352-020, and 513-352-021) shown in Fig. 4 are being part of any future development – no permit application for these lots exists at this time. Therefore, the focus of my investigation was on the proposed structures located at 310 & 322 Crestview Drive only. Here are my findings: Address: 310 Crestview Dr. (APN 513-361-024) FEMA’s Flood Insurance Rate Map (FIRM) number: 06065C1566G FIRM Effective Date: 8/28/2008 Flood Hazard Designation: the northeast portion of this lot is located in FEMA’s Zone AO- Depth 1-ft flood hazard designation (see Fig. 2, and 3 below) Zone AO Definition: Areas subject to inundation by 1-percent-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown in this zone. Mandatory flood insurance purchase requirements and floodplain management standards apply. Some Zone AO have been designated in areas with high flood velocities such as alluvial fans and washes. Communities are encouraged to adopt more restrictive requirements for these areas. Drainage: During our conversation we discussed drainage and potential flow path obstructions this structure might cause. As you already know, the City is already seeking, from the developer, a hydrology/hydraulic analysis to address any adverse impacts. The City is also conditioning the building to conform with its drainage policies. Site Plan and Setbacks (Fig. 5-6): Special flood hazard area boundary extends nearly 42.2-feet from the lot’s north boundary line. foundation of the proposed structure is more than 56-feet from the lot’s north boundary line (nearly 14-ft away from the special flood hazard area). contour elevations (Fig. 5) show a difference of +10-feet between the foundation and the bottom of the tributary. Conclusion: based on my research, I conclude that if the structure is built as proposed, then it’ll be outside the FEMA’s special flood hazard area. Fig1. Lot boundary Fig. 2: FEMA’s Map Service Center https://msc.fema.gov/portal/search?AddressQuery=310%20crestview%20rd.%20palm%20springs%2C%20ca Fig. 3: ArcGIS – special flood hazard area and lot overlay Fig. 4: APNs: 513-352-022, 513-352-020, and 513-352-021 Fig. 5: 310 Crestview Dr. Site Plan Fig. 6: SFHA is about 42.2 feet from the lot boundary. ADDRESS: 322 Crestview Rd (APN 513-361-003) Conclusion: lot is outside the FEMA’s special flood hazard area.    Salomon Miranda, P.E., MS, ManagerWater Management BranchSouthern Region OfficeCA Department of Water Resources770 Fairmont Avenue, Suite 200Glendale, California 91203818.549.2347 STRUMWASSER & WOOCHER LLP ATTORNEYS AT LAW MICHAEL J. STRUMWASSER 10940 WILSHIRE BOULEVARD, SUITE 2000 TELEPHONE: (310) 576-1233 BRYCE A. GEE LOS ANGELES, CALIFORNIA 90024 FACSIMILE: (310) 319-0156 BEVERLY GROSSMAN PALMER WWW.STRUMWOOCH.COM DALE K. LARSON CAROLINE C. CHIAPPETTI FREDRIC D. WOOCHER JULIA G. MICHEL † ANDREA SHERIDAN ORDIN SALVADOR E. PÉREZ SENIOR COUNSEL † Also admitted to practice in Washington February 22, 2022 Via email to planning@palmsprings.ca.gov Planning Commission City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Re: February 23, 2022 Agenda Items 3A and 3B: 310 and 322 West Crestview Drive To the Honorable Planning Commission: This firm writes on behalf of member of The Mesa Neighborhood Organization, the official neighborhood association of The Mesa neighborhood, a hillside community of nearly 200 homes occupied by full and part time residents of Palm Springs. The Mesa Neighborhood Organization is concerned that the proposed residential construction at 310 and 322 West Crestview Drive (“the projects”) are being improperly exempted from review under the California Environmental Quality Act (“CEQA”). The proposal to build these two houses must be considered along with applicant’s publicly stated intention to build homes on two additional parcels also owned by the applicant. Moreover, special circumstances apply to the construction of two new homes in this area bordering on large expanses of undeveloped hillside that make the application of the CEQA exemption improper. Lastly, flood control concerns must be fully studied and addressed prior to approval of these projects to ensure that flooding is not an issue for either the future residents, or for existing homeowners that could be adversely implicated by alterations in natural flood and drainage patterns. These two proposed projects should be considered along with the other foreseeable development on these five lots and a full environmental analysis should be conducted prior to approval of any of the houses. The Projects Are Proposed for Steeply Sloping Lots, and 322 West Crestview Contains Structural Walls on Slopes Greater than 30 Percent The two projects listed in Agenda Items 3A and 3B are the development of single-family homes on steeply sloped hillside parcels. The single-family home structure at 310 West Crestview is proposed at 3,278 square feet; at 322 West Crestview the proposal is for a 3,344 square foot home. Neither structure complies with the zoning code requirements. The structure at 310 West Crestview requires an increase in maximum allowable building height (from 12-18 feet to 23.6 Planning Commission February 22, 2022 Page 2 feet) and a front yard setback reduction (from 25 feet to 10 feet). The structure at 322 West Crestview also requests a height increase (from 12-18 feet to 25.8 feet) and a reduced front yard setback (from 25 feet to 10 feet). The staff report notes that for the 322 West Crestview property, “the structural walls will be located in the area which is more than 30% in slope. Considering the area, support structures that minimize their impact on the natural hillside topography are highly desired. A condition of approval is proposed to revise the design and improve conformance with this finding.” The Palm Springs Municipal Code contains specific hillside development standards regarding slope. While these standards apply initially to the permissible density of a site development, they also make clear that slopes over 30 percent are inappropriate locations for building. Municipal Code section 93.13.00 C3 explains that areas with a slope greater than 30 percent shall not be included in the allowable area for density calculation, and such area “shall be retained as open space.” The standards further requires that the City must “insure permanent retention of the open space,” by recording a covenant on it. Of course, The Mesa subdivision long pre-dates these hillside standards, but that does not mean that the standards should be ignored when approving these specific developments. The staff recommendation includes a condition of approval for the 322 site to require “review and approval by the ARC” for the proposed structural wall. These issues should not be deferred for future review; the applicant should be required to submit a satisfactory proposal at the time of project approval. The Projects Are Part of a Larger Development Proposal of this Applicant While each address is listed as a separate approval and agenda item, there is no mistaking that these two residences are being considered in tandem. For instance, the presentation of mass and scale and the visual simulations of the residences are included together for each item. The applicant and staff recognize that the structures must be considered together to fully and properly evaluate the aesthetic and other impacts of the proposed construction in this sensitive and historic residential area. It is therefore critical for the Planning Commission to be aware that these properties on Crestview are not the only properties on which this applicant intends to develop homes in the foreseeable future. As the applicant’s representative owner Eric Krut made abundantly clear during the July 20, 2021 Architectural Review Committee (“ARC”) meeting, the ownership owns five lots that are adjacent to each other. As Mr. Krut stated: “In so much as density affects the residential aspect, we are willing to make a one time offer of reducing the density of this entire project from five lots to four lots. We will combine the remaining three lots into two lots. This of course is a considerable loss of value and of eventual profit, but in the hopes of minimizing time and expense of this process, which has been significant, since the last meeting . . . I wanted to make that clear to the neighbors listening, and so much as it might affect the perception of this project by the Committee, of our willingness to reduce the density by twenty percent.” Planning Commission February 22, 2022 Page 3 The parameters of the “one time offer” were not made express, but what is clear is that either two or three additional homes to the two that are before the Planning Commission will be requested by this same applicant, in the foreseeable future. The fact that two or three other homes will be developed by the same applicant in the same vicinity is a relevant consideration for the Planning Commission that has not been addressed by the staff’s analysis. A member of the ARC raised this issue, noting that previously the ARC had viewed the project as only two homes and now it was clearly a larger project. The applicant did not refute this conclusion, stating: “I own five lots, and I’m willing to go from five lots to four lots. The construction will certainly impact the neighborhood via noise and road disturbance, of course. I heard that loud and clear at our first neighborhood meeting, and I’m responding to it, in a very positive and a very costly way. If that’s not appreciated, that’s fine, and we’re fine staying with five lots. It’s certainly a more profitable project for me ultimately. But I thought that was a grand concession, in the large scheme of things.”1 The Planning Commission must therefore consider not only the impacts of constructing the two homes on West Crestview, but the full impact of the acknowledged development project to construct homes on the three other lots owned by this applicant along El Camino Way and Ridge Road. CEQA Obligation to Review Full Impacts of Proposed Development Plan It has been black letter law nearly since CEQA was enacted by the Legislature that review of a project’s environmental impact requires examination of the environmental impacts of the proposed project and all reasonably foreseeable related development. (See Bozung v. Local Agency Formation Com. (1975) 13 Cal.3d 263, 283-284 [CEQA mandates “that environmental consideration do not become submerged by chopping a large project into many little ones – each with a minimal potential impact on the environment – which cumulatively may have disastrous consequences.”].) In that case, a request that included “only ‘those properties anticipated to be developed in the near future’ indicate[d] that at some point [the developer] intend[ed] to develop a further part or all of its holdings.” (Id., p. 284.) In Arviv Enterprises, Inc. v. South Valley Area Planning Comm. (2002) 101 Cal.App.4th 1333, the court considered an applicant who had serially proposed two house construction projects, multiple times, attempting to mask that the developer planned to construct 21 homes in total, and agreed that the City’s determination to require an environmental impact report was appropriate. (Id., p. 1346.) Even if it were only the two homes that would be developed (and that is not the case), the impacts of construction of both homes must be considered, together. While the reports on each 1 The July 20, 2021 ARC meeting video may be viewed at https://www.youtube.com/watch?v=iT2V9Mkde9U&list=PLS_Hi1VCi766sgDTtvZDe9XtXzQu mg317&index=81. These comments appear between 33:30 and 36:30. Planning Commission February 22, 2022 Page 4 item include images and some discussion of the other home, there is no discussion of ways to reduce impacts of construction by either staging construction or ensuring that combined noise impacts will not significantly disturb sensitive receptors like the federally listed endangered species, the Peninsular bighorn sheep. At a minimum, the City must consider the cumulative impacts of the construction of these two homes at the same or similar times, as the approvals expire in two years. The City has required environmental review for a similar project in the recent past. In 2018 the City prepared a mitigated negative declaration for a request to subdivide a 1.7 acre parcel into two lots for the creation of single-family zoned lots. (See https://www.palmspringsca.gov/home/showdocument?id=58339.) Like the instant proposal, those lots were steep hillside lots. A difference is that that these lots were subdivided long ago, but the environmental impacts of that subdivision were never assessed pursuant to CEQA. Of course, as set forth above, the applicant has admitted in a public hearing that he fully intends to develop at least two, if not three, additional homes on his property. The subdivision here was created in the 1920s or 30s, well before today’s environmental concerns were known and considered. So while a legal subdivision is no longer required, that does not mean that the environmental impacts of the further development of that subdivision can be ignored. A proposal to develop four or five homes on these hillside properties would certainly not be exempt from environmental review; the Planning Commission should not turn a blind eye to the admitted plans to develop the remainder of the parcels. The Full Residential Project Does Not Satisfy the Categorical Exemption The proposed resolutions note that the two structures are exempt under CEQA Guidelines section 15303(a), which is a categorical exemption from CEQA review for “[o]ne single-family residence . . . in urbanized areas, up to three single-family residences may be constructed or converted under this exemption.” CEQA defines “urbanized area” as “a central city or group of contiguous cities with a population of 50,000 or more, together with adjacent densely populated areas having a population density of at least 1,000 persons per square mile.” (CEQA Guidelines § 15387.) Exemptions to CEQA are narrowly construed and “[e]xemption categories are not to be expanded beyond the reasonable scope of their statutory language.” (Mountain Lion Foundation v. Fish & Game Com. (1976) 16 Cal.4th 105, 125.) While the contours of what constitutes an “urbanized area” may be subject to debate, the project location is most certainly not densely populated or anything like an urban core. More importantly, the project, including the homes that are planned for development on the other parcels, exceed the three single-family home limit on the categorical exemption. Because the scope of exemptions must be strictly construed, and because CEQA forbids “chopping a single project into smaller bits,” the full scope of the potential (and admitted) development plan must be included when evaluating the propriety of this categorical exemption. The categorical exemption is improper and should not be relied upon. Planning Commission February 22, 2022 Page 5 Categorical Exemption is Additionally Improper Due to Exceptions to the Exemption, Unusual Circumstances, and Cumulative Impacts Even if the categorical exemption for single-family homes could be properly applied to the project and the other residences planned for the adjacent sites, unusual circumstances make the application of the exemption improper. CEQA Guidelines section 15300.2(s) provides that “[a] categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.” The Supreme Court has explained that “[a] party invoking the exception may establish an unusual circumstance without evidence of an environmental effect, by showing that the project has some feature that distinguishes it from others in the exempt case, such as its size or location. In such a case, to render the exception applicable, the party need only a show a reasonable possibility of a significant effect due to that unusual circumstance.” (Berkeley Hillside Preservation v. City of Berkeley (2015) 60 Cal.4th 1086, 1105.) The determination of whether there is a “reasonable possibility” of a significant environmental effect is determined by application of the “fair argument” standard. (Id. at p. 1115.) The “fair argument” standard has been characterized as setting a “low threshold requirement for initial preparation of an EIR and reflect[ing] a preference for resolving doubts in favor of environmental review when the question is whether any such review is warranted. [Citations.]” (Sierra Club v. County of Sonoma (1992) 6 Cal.App.4th 1307, 1316-1317.) Here, there is substantial evidence that the project presents unusual circumstances that are not typically present for newly constructed single-family homes. And there is more than a “fair argument” that these unusual circumstances may lead to a significant environmental impact. Unusual Circumstance: Peninsular Bighorn Sheep Habitat The project is proposed for construction on hillside property, very close to the edge of the mountainous portion of Palm Springs that is known habitat for the federally endangered Peninsular bighorn sheep. The location of these properties in an area that is known to serve as a grazing and foraging ground for an endangered species is a characteristic that distinguishes these homes from a typical single-family home. That this area is home to bighorn sheep can be established by the testimony of residents who have observed them. Below are photos and videos by residents taken in the immediate vicinity of the parcels slated for future development, just north of the two lots listed in the agenda items. This evidence makes clear that bighorn sheep utilize the area in the immediate vicinity of the proposed development. Planning Commission February 22, 2022 Page 6 From Ring camera at 356 Ridge Rd. Right click and open in browser to play video. January 2021, wash behind W. Crestview Planning Commission February 22, 2022 Page 7 From 355 Ridge Road From 355 Ridge Road Planning Commission February 22, 2022 Page 8 Right click and open in browser to play video. Because the bighorn sheep constitute an “unusual circumstance” from the typical single- family home site, the next step is to consider whether the record supports a “fair argument” that a significant impact on the bighorn sheep is a reasonable probable consequence of construction of the project. CEQA Guidelines Appendix G, the Environmental Checklist Form, provides a tool for local governments to utilize to determine whether a project may have a potentially significant environmental impact. One factor is whether a project will “have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?” The Peninsular bighorn sheep were listed as an endangered species by the U.S. Fish and Wildlife Service in 1998, and the federal government revised its “critical habitat” for Peninsular bighorn sheep in 2007-2009. The 2007 proposed rulemaking that sought comment on proposed critical habitat designations sets forth some of the key characteristics and challenges to this endangered species.2 These sheep occupy moderate to steep open slopes, canyons and washes, ranging from 300 to 4,600 feet in elevation. (Exhibit 1, p. 2.) “A wide range of forage resources and vegetation associations are required by this subspecies to meet annual and drought-related variations in forage quality and availability. . . Valley floors, rolling hills, and alluvial fans and 2 The entire October 10, 2007 Federal Register Notice (72 FR 57740) is included as Exhibit 1 to this letter. Planning Commission February 22, 2022 Page 9 washes with productive soils provide seasonal vegetations and water resources important to the Peninsular bighorn sheep, especially for ewes during the reproductive season.” (Ibid.) In 2006, it was estimated that there were only 21 sheep in the San Jacinto Mountains near Palm Springs. (Ibid.) Today, the Bighorn Institute estimates that there are roughly 85 sheep, so the population has increased but still remains endangered. The species is particularly threatened by habitat loss due to construction and development. The U.S. Fish and Wildlife Service noted that “[h]abitat loss (especially in canyon bottoms), degradation, and fragmentation associated with the proliferation of residential and commercial development, roads and highways, water projects, and vehicular and pedestrian recreational uses threaten the Peninsular bighorn sheep throughout its range. (Id. at p. 6.) Moreover, “[d]evelopment adjacent to and within Peninsular bighorn sheep habitat affects the quality and quantity of lower elevation habitat and associated vegetation, alluvial fans, and water sources.” (Id. at p. 7.) The critical habitat designation rulemaking specifically identified lands in Palm Springs as losing significant habitat in the form of low elevation alluvial fans and washes that “provided important sources of nutrients to ewes when they are rearing their lambs.” (Ibid.) The U.S. Fish and Wildlife Service also published a “Recovery Plan for Bighorn Sheep in the Peninsular Ranges, California,” in 2000.3 The Recovery Plan lays out in detail some of the specific challenges for bighorn sheep, including particularly pregnant and nursing ewes. “Failure to acquire sufficient nutrients during the last two months of gestation and during nursing can adversely affect the survival of newborn ungulates.” (Exhibit 2, p. 8.) “An important consideration in the conservation of Peninsular bighorn sheep is their behavioral response to humans and human activity. Bighorn have been considered a wilderness animal because they do not thrive in contact with human development. . . . Though the effect of human activity in bighorn habitat is not always obvious, human presence or activity in many cases has been found to detrimentally alter normal behavioral and habitat use patterns.” (Id., p. 14.) A study of captive bighorn in 1999 found few lambs born that year survived, and noted that during the lambing season that year, “captive bighorn were observed fleeing from the feeding area in response to construction noise from nearby development projects on multiple occasions. . . . Stress resulting from human disturbance may have played a role in predisposing captive lambs to disease.” (Id., p. 19.) “Habitat loss is a leading cause of current species extinctions and endangerment. It represents a particularly serios threat to Peninsular bighorn sheep because they live in a narrow band of lower elevation habitat that represents some of the most desirable real estate in the California desert and is being developed at a rapid pace.” (Id. at p. 38.) Based upon these scientific studies, there is more than a “fair argument” that construction of two to five homes in an area frequented by the endangered bighorn sheep could have a substantially adverse effect, either directly or by habitat modification, on the bighorn sheep. The habitat in the wash at the rear of the two West Crestview properties is utilized by bighorn sheep, who will likely be deterred from visiting these sites during periods of noisy construction. These kind of disturbances are documented to be particularly detrimental to pregnant or nursing ewes and their lambs. Analysis of the potential impacts on this sensitive species is required and 3 The full Recovery Plan is included as Exhibit 2 to this letter. Planning Commission February 22, 2022 Page 10 mitigation measures must be imposed to prevent any impacts. For this reason, review under CEQA is required prior to the approval of the projects on West Crestview along with the related adjacent future development. Unusual Circumstance: Hydrology and Flood Issues The project’s location presents an additional unusual circumstance: its location in and immediately adjacent to a mapped 100-year floodplain. The map below, while not encompassing the full jurisdiction, shows that the location of a residential development within and next to a mapped flood hazard area is unusual within the City of Palm Springs. The light blue areas on the map are the mapped Special Flood Hazard Areas. Because most homes are not located in these areas, the location of the 310 and 322 West Crestview parcels in the floodplain is an unusual circumstance for purposes of the exceptions to the single family residential exemption. CEQA Guidelines Appendix G includes multiple questions relevant to the proximity of housing in or near a floodplain, demonstrating that there is a reasonable possibility that construction on the West Crestview properties will have a significant environmental impact. Planning Commission February 22, 2022 Page 11 Appendix G asks whether the project will “[p]lace housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map?” or “[p]lace within a 100-year flood hazard area structures which would impede or redirect flood flows?” Similarly, Appendix G also queries whether the project would “[s]ubstantially alter the existing drainage pattern of the site or area . . . in a manner which would result in flooding on- or off-site?” In spite of the obvious risk to the safety of life and structures associated with floodplains, the proposed approval defers full study to a later time, an issue discussed in further detail below. Without specifying the measures taken to address the proximity of the floodplain to these projects, there is a reasonable possibility that the project’s location in and near the mapped floodplain will lead to significant environmental impacts, making reliance on the exemption improper. Environmental Resource Exception CEQA Guidelines section 15300.2(a) provides that the Class 3 exemption for single- family homes may not be applied “where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.” In Salmon Protection & Watershed Network v. County of Marin (2004) 125 Cal.App.4th 1098, the court held that construction of only one single-family home was not exempt from CEQA because the home site was adjacent to a protected anadromous fish stream within a stream conservation area. (Id., pp. 1106-1107.) Moreover, relying on project conditions or mitigation measures in order to state that the project had no environmental impact was an improper basis for a CEQA exemption. (Id., pp. 1107- 1108.) The Peninsular bighorn sheep is, as discussed above, a specific environmental resource that has been designated as an endangered species. The species is known to occupy the area where the proposed projects are to be constructed. In addition, as discussed in more detail below, at least a portion of the project is slated to be constructed in the mapped flood hazard area, which is a hazardous resource that is precisely mapped, meeting the specific terms of the above quoted exception. The project cannot rely on the Class 3 exemption because of the location of these residences adjacent and within the mapped flood hazard area. Cumulative Impact: Future Development CEQA Guidelines section 15300.2(b) prohibits reliance on an exemption when “the cumulative impact of successive projects of the same type in the same place, over time is significant.” While it is most appropriate to consider the construction of the five lots that applicant owns and has clearly stated an intent to develop as part of the singular project to be evaluated by the City, at a minimum the cumulative impact of the construction of these four or five homes would render reliance on the exemption improper. Particularly where construction impacts are so disturbing to a sensitive endangered species like the bighorn sheep, the Planning Commission February 22, 2022 Page 12 cumulative impacts of successive construction must be addressed, and the use of an exemption is improper. Flooding and Hydrology Must Be Fully Addressed Prior to Approval There can be no doubt that the two West Crestview properties are located just beyond the demarcation line where floodplain studies have not yet extended. The images below are of flood waters rushing down El Camino Way downstream of the demarcation line, in the special flood hazard area, illustrating the significant quantity of flood water that moves through this area directly downhill from the proposed homes. Planning Commission February 22, 2022 Page 13 Planning Commission February 22, 2022 Page 14 The image below is taken from FEMA’s Flood Map Service Center, searching for 310 West Crestview by address. As the image above demonstrates, the official mapped flood hazard abruptly stops at the “limit of study” right on the 310 West Crestview parcel. Utilizing the mapping tool, it is possible to measure the depth of the official mapped flood hazard area onto that parcel, below. Planning Commission February 22, 2022 Page 15 The flood hazard area extends 42.2 feet into the site. However, the plans for the residence on 310 West Crestview show only a 41 foot setback in this very same area. Planning Commission February 22, 2022 Page 16 The proposed project on 310 West Crestview requests construction directly in the area of special flood hazard pursuant to Palm Springs Municipal Code section 8.68.060 and 8.68.070. Projects proposed in the special flood hazard area require an “area of special flood hazard development permit” before “any construction or other development . . . within any area of special flood hazard.” (PSMC, § 8.68.150.) The permit requirements are numerous and detailed. Instead of requiring compliance with these conditions prior to approval, the proposed conditions of approval require the submission of a hydrology study in the future. This condition notes that the hydrology study may require redesign or changes to the layout of the proposed project. Given the general emphasis placed on the design and appearance of the structure in this process, it is unacceptable that the approval can be finalized prior to the completion of a review process for a project located in the flood hazard area, where that review may result in changes to the project’s layout and appearance. Moreover, under the circumstances where the “line of study” terminates prior to reaching the 322 West Crestview parcel, the Municipal Code authorizes the City Engineer to require additional study. Section 8.68.070 provides the “basis for establishing the areas of special flood hazard,” and notes that the FEMA map “is the minimum area of applicability of this chapter, and may be supplemented by studies for other areas.” Clearly, the flood hazard does not commence abruptly at the line of study, and if new development is proposed on 322 West Crestview, and likely to be proposed on the applicant’s properties off of El Camino Way, additional study should be required prior to proceeding. CONCLUSION Members of The Mesa Neighborhood Organization respectfully request that the Planning Commission deny the requested Major Architectural Modification and Administrative Minor Modification applications so that the whole of the planned development in these locations can be comprehensively evaluated as required by CEQA. In addition, compliance with the City’s special flood hazard rules is required prior to the finalization of development plans for these sites. Yours truly, Beverly Grossman Palmer Exhibit 1 57740 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 RIN 1018–AV09 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Peninsular Bighorn Sheep (Ovis canadensis nelsoni) and Proposed Taxonomic Revision AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to revise currently designated critical habitat for the Peninsular bighorn sheep (Ovis canadensis nelsoni) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 384,410 acres (ac) (155,564 hectares (ha)) of land in Riverside, San Diego, and Imperial counties, California, fall within the boundaries of the proposed revised critical habitat designation. Of the area proposed as revised critical habitat, approximately 4,512 ac (1,826 ha) of land are Tribal; 93,720 ac (37,927 ha) are Federal; 249,840 ac (101,107 ha) are State; 35,824 ac (14,497 ha) are private; and 514 ac (208 ha) are local. We are proposing to exclude from the final designation, under section 4(b)(2) of the Act, approximately 4,512 ac (1,826 ha) of Agua Caliente Band of Cahuilla Indians Tribal land. We are also evaluating and considering the possible exclusion of approximately 19,211 ac (7,774 ha) of private land covered under the draft Coachella Valley Multiple Species Habitat Conservation Plan. Further, we are acknowledging a taxonomic change to the species and are proposing a taxonomic revision of the listed entity from distinct population segment (DPS) of species Ovis canadensis, to DPS of subspecies Ovis canadensis nelsoni. DATES: We will accept comments from all interested parties until December 10, 2007. We must receive requests for public hearings, in writing, at the address shown in the ADDRESSES section by November 26, 2007. ADDRESSES: If you wish to comment on this proposed rule, you may submit your comments and materials concerning by any one of several methods: 1. By mail or hand-delivery to: Jim Bartel, Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, CA 92011. 2. By electronic mail (e-mail) to: fw8cfwocomments@fws.gov. Please see the Public Comments Solicited section below for other information about electronic filing. 3. By fax to: the attention of Jim Bartel at 760–431–5901. 4. Via the Federal eRulemaking Portal at: http://www.regulations.gov. Follow the instructions for submitting comments. FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, CA 92011; telephone 760–431–9440 ; facsimile 760–431– 5901. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: Public Comments We intend that any final action resulting from this proposal to revise the current critical habitat designation for the Peninsular bighorn sheep will be as accurate and as effective as possible. Therefore, we request comments or suggestions on this proposed rule. We particularly seek comments concerning: (1) The reasons why we should or should not designate habitat as ‘‘critical habitat’’ under section 4 of the Act (16 U.S.C. 1531 et seq.), including whether there are threats to the subspecies from human activity, the degree of which can be expected to increase due to the designation, that outweigh the benefit of designation, such that the designation of critical habitat is not prudent, and whether there are areas we previously designated, but are not proposing for revised designation here, that should be designated as critical habitat; (2) Specific information on the amount and distribution of Peninsular bighorn sheep habitat, what areas occupied at the time of listing and that contain features essential for the conservation of the subspecies we should include in the designation and why, and what areas not occupied at the time of listing are essential for the conservation of the subspecies and why; (3) The appropriateness of the proposed exclusion of approximately 4,512 ac (1,826 ha) of Peninsular bighorn sheep habitat from the final designation in consideration of Secretarial Order 3206, ‘‘American Indian Tribal Rights, Federal Tribal Trust Responsibilities, and the Endangered Species Act’’ (June 5, 1997); the President’s memorandum of April 29, 1994, ‘‘Government-to-Government Relations with Native American Tribal Governments’’ (59 FR 22951); Executive Order 13175; and the relevant provision of the Departmental Manual of the Department of the Interior (512 DM 2) (see ‘‘Proposed Exclusion of Agua Caliente Band of Cahuilla Indians Tribal Lands Under Section 4(b)(2) of the Act’’ for a detailed discussion); specifically any additional information regarding the benefits of including these Tribal lands in the designation or of excluding these lands from the designation; (4) The appropriateness of the possible exclusion of approximately 19,211 acres (ac) (7,774 hectares (ha)) of Peninsular bighorn sheep habitat from the final designation based on the benefits to the conservation of the subspecies and its PCEs provided by the draft Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP) (see ‘‘Areas Considered for Exclusion Under Section 4(b)(2) of the Act’’ for a detailed discussion), specifically any additional information on the benefits of including land covered by the draft Coachella Valley Multiple Species Habitat Conservation Plan in the designation or of excluding these lands from the designation. At this time we are only considering private lands under the draft Coachella Valley MSHCP for exclusion and soliciting comment on the appropriateness of excluding California Department of Fish and Game, and Bureau of Land Management lands as Memorandum of Understanding partners to the MSHCP; (5) Land use designations and current or planned activities in the subject areas and their possible impacts on proposed revised critical habitat; (6) Any foreseeable economic, national security, or other potential impacts resulting from the proposed revised designation and, in particular, any impacts on small entities, and the benefits of including or excluding areas that exhibit these impacts; and (7) Whether we could improve or modify our approach to designating critical habitat in any way to provide for greater public participation and understanding, or to better accommodate public concerns and comments. You may submit your comments and materials concerning this proposal by one of several methods (see ADDRESSES). If you use e-mail to submit your comments, please include ‘‘Attn: Peninsular bighorn sheep’’ in your e-mail subject header, preferably with your name and return address in the body of your message. If you do not receive a confirmation from the system that we have received your e-mail, contact us directly by calling our Carlsbad Fish and Wildlife Office at 760–431–9440. Please note that we must VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57741 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules receive comments by the date specified in the DATES section in order to consider them in our final determination. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Comments and materials we receive, as well as supporting documentation we used in the preparation of this proposed rule, will be available for public inspection, by appointment, during normal business hours at the Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, CA 92011 (telephone 760–431–9440). Background In this proposed rule, it is our intent to discuss only those topics directly relevant to the revision of designated critical habitat for the Peninsular bighorn sheep and the proposed taxonomic revision of the current listed entity. For more information on the biology, and ecology of the Peninsular bighorn sheep, refer to the final listing rule published in the Federal Register on March 18, 1998 (63 FR 13134), and the proposed and final critical habitat rules published in the Federal Register on July 5, 2000, and February 1, 2001, respectively (65 FR 41405 and 66 FR 8650). In the 1998 final listing rule, Peninsular bighorn sheep were listed as a distinct population segment (DPS) of the species Ovis canadensis. As stated in the 2001 critical habitat rule, based on morphometric and genetic analysis, Wehausen and Ramey (1993, p. 9) synonymized Peninsular bighorn sheep with the subspecies nelsoni, which is the current taxonomy. Although we accepted this taxonomy at the time of the designation in 2001, we have yet to formally revise the taxonomy of the listed entity. Therefore, we are formally proposing a taxonomic revision to amend the final listing rule from a DPS of the species Ovis canadensis, to a DPS of the subspecies Ovis canadensis nelsoni. Therefore, within this proposed critical habitat rule we will refer to the listed entity as a subspecies and not a species. The taxonomic revision does not materially affect discreteness and significance of the Peninsular bighorn sheep as a DPS entity. As stated in the final listing rule (63 FR 13134), regardless of taxonomic issues surrounding this species at the time of listing, the biological evidence supports recognition of Peninsular bighorn sheep as a distinct vertebrate population segment in the Service’s Recognition of Distinct Vertebrate Population Segments (DPS) (61 FR 4722). For a detailed discussion of the DPS analysis for Peninsular bighorn sheep, see the Distinct Vertebrate Population Segment section of the final listing rule. Peninsular bighorn sheep (a large mammal in the family Bovidae) occupying the Peninsular Ranges of southern California were determined, at the time of listing in 1998, to be a distinct vertebrate population segment (DPS) of bighorn sheep based on their geographic isolation and separation from other desert bighorn sheep (63 FR 13134; March 18, 1998). Peninsular bighorn sheep occur on moderate to steep (greater than 20 percent) (NRCS 1993, p. 66) open slopes, canyons, and washes in hot and dry desert regions of the Peninsular Ranges of southern California in Riverside, San Diego, and Imperial counties (66 FR 8650; February 1, 2001). Peninsular bighorn sheep use several different habitat types, elevations, and slopes depending on seasonal environmental conditions and/ or their life history stage. The 2001 final critical habitat rule (66 FR 8650) stated that most Peninsular bighorn sheep live between 300 and 4,000 feet (ft) (91 and 1,219 meters (m)) in elevation. Upon review of available literature, we now believe 4,600 ft (1,400 m) (below forested vegetation) is a more widely accepted upper elevational limit in the Peninsular Ranges (Jorgensen and Turner 1975, p. 51; DeForge et al. 1997, p. 11; Rubin et al. 1998, p. 541; Ernest et al. 2002, p. 76). Desert bighorn sheep are frequently found on slopes greater than 20 percent (Elenowitz 1983, p. 87; Andrew and Bleich 1999, p. 13; Dunn 1996, p. 5), and our Geographic Information System (GIS) records and occurrence data confirm this observation for Peninsular bighorn sheep. Steep terrains with slopes of 60 percent or greater used for predator evasion and lambing are a crucial component of Peninsular bighorn sheep habitat (Dunn 1996, p. 1; Service 2000, p. 6). Peninsular bighorn sheep will use caves and rock outcrops for shelter during inclement weather and for shade during summer months. Bighorn sheep are primarily diurnal (Krausman et al. 1985, p. 25), but Peninsular bighorn sheep may be active at any time of day or night (Miller et al. 1984, p. 24). A wide range of forage resources and vegetation associations are required by this subspecies to meet annual and drought-related variations in forage quality and availability. In a study of Peninsular bighorn sheep, Scott (1986, p. 21) found that diets were dominated by shrub species, while grasses and forbs species made up a smaller portion of the Peninsular bighorn sheep’s diet depending on the season. Valley floors, rolling hills, and alluvial fans and washes with productive soils provide seasonal vegetation and water resources important to the Peninsular bighorn sheep, especially for ewes during the reproductive season (Service 2000, p. 8). Please see the ‘‘Primary Constituent Elements’’ section of this proposed rule for a detailed discussion of the habitat requirements of this subspecies. At the time of listing (1998), Peninsular bighorn sheep were known to occupy habitat along the Peninsular Mountain Ranges from the San Jacinto Mountains of southern California into the Volcan Tres Virgenes Mountains in Baja California, Mexico (63 FR 13134; March 18, 1998). Population estimates at the time indicated approximately 280 Peninsular bighorn sheep existed within the United States, divided amongst approximately 8 subpopulations or ewe groups (63 FR 13134; March 18, 1998). At the time of the final critical habitat designation in 2001, a range-wide census estimated approximately 400 Peninsular bighorn sheep existed within the United States (Torres 2000, p. 1). We have extensive occurrence data documenting bighorn sheep within the entire range identified in the listing rule. Population estimates for 2006, derived from data collected by the Bighorn Institute, California Department of Fish and Game (CDFG), and Anza Borrego Desert State Park, indicate approximately 793 adult and yearling Peninsular bighorn sheep exist within the United States (Torres 2007). Population estimates for various regions within the Peninsular Ranges in 2006 are as follows: San Jacinto Mountains, 21; North Santa Rosa Mountains, 49; Central Santa Rosa Mountains, 163; South Santa Rosa Mountains, 179; Coyote Canyon, 42; North San Ysidro Mountains, 79; South San Ysidro Mountains, 38; Vallecito and Fish Creek Mountains, 77; and Carrizo Canyon, 145 (Torres 2007). A captive breeding program has been maintained by the Bighorn Institute since 1984 in cooperation with CDFG, the Bureau of Land Management (BLM), and the Service (Ostermann et al. 2001, p. 751). Originally instituted to conduct disease research on low lamb survival, the captive breeding program was formalized in 1995, with the goals of safeguarding a sample of the Peninsular bighorn sheep gene pool and VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57742 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules augmenting and reestablishing wild populations (Ostermann et al. 2001, p. 751). Captive-bred Peninsular bighorn sheep have been released in the northern Santa Rosa Mountains and the San Jacinto Mountains (Ostermann et al. 2001, p. 751), areas historically occupied by the subspecies. Within the Peninsular Ranges, habitat is patchy, and the sheep populations are naturally fragmented (Bleich et al. 1990, p. 386; Rubin et al. 1998, p. 547). Male and female bighorn sheep remain loosely segregated much of the year and come together during the breeding period or rut (Bleich et al. 1997, p. 7). In the Peninsular Ranges, the rut occurs in the late summer and fall months (Service 2000, p. 15), peaking from August to October (Rubin et al. 2000, p. 774). As parturition (giving birth) approaches, ewes seek isolated sites (escape terrain) with shelter and unobstructed views (Turner and Hansen 1980, p. 148), seclude themselves from other females, and find sites to give birth (Geist 1971, p. 239; Etchberger and Krausman 1999, p. 358). Ewes usually give birth to one lamb after an approximately 6-month gestation period (Geist 1971, p. 239; Turner and Hansen 1980, p. 146). During the period of sexual segregation, ewes and their lambs are typically found in steeper, more secure habitat, while rams inhabit less steep or less rugged terrain (Geist 1971, p. 239; Bleich et al. 1997, p. 23). Previous Federal Actions On February 1, 2001, we designated approximately 844,897 ac (341,919 ha) of land in Riverside, San Diego, and Imperial counties, California, as critical habitat. The designation followed the Service’s release of the final Recovery Plan for Bighorn Sheep in the Peninsular Ranges, California (dated October 25, 2000). On March 7, 2005, the Agua Caliente Band of Cahuilla Indians filed a complaint against the Service alleging that the economic analysis developed for our 2001 designation used a methodology similar to that ruled to be insufficient by the Tenth Circuit Court in New Mexico Cattle Growers Association v. U.S. Fish and Wildlife Service, 248 F.3d 1277 (10th Cir. 2001). Other parties subsequently intervened as plaintiffs in the case. A July 31, 2006, court- approved consent decree enacted a limited partial vacatur of Tribal, mining, and Desert Riders lands (29,925 ac (12,110 ha)) and remanded the critical habitat designation back to the Service for new rulemaking. Publication of this proposed revision of critical habitat satisfies our obligation under the consent decree to submit a revised proposed rule to the Federal Register on or before September 30, 2007. The final rule is due to the Federal Register on or before September 30, 2008. For more information on previous Federal actions concerning the Peninsular bighorn sheep, refer to the final listing rule published in the Federal Register on March 18, 1998 (63 FR 13134), and the designation of critical habitat for the Peninsular bighorn sheep published in the Federal Register on February 1, 2001 (66 FR 8650). Critical Habitat Critical habitat is defined in section 3 of the Act as: (1) The specific areas within the geographical area occupied by a species, at the time it is listed in accordance with the Act, on which are found those physical or biological features (a) Essential to the conservation of the species and (b) That may require special management considerations or protection; and (2) Specific areas outside the geographical area occupied by a species at the time it is listed, upon a determination that such areas are essential for the conservation of the species. Conservation, as defined under section 3 of the Act, means the use of all methods and procedures that are necessary to bring any endangered species or threatened species to the point at which the measures provided under the Act are no longer necessary. Critical habitat receives protection under section 7 of the Act through the prohibition against Federal agencies carrying out, funding, or authorizing the destruction or adverse modification of critical habitat. Section 7(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 the landowner. Where the landowner seeks or requests federal agency funding or authorization 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, habitat within the geographical area occupied by the species at the time it was listed must first have features that are essential to the conservation of the species. Critical habitat designations identify, to the extent known using the best scientific data available, habitat areas that provide essential life cycle needs of the species (areas on which are found the primary constituent elements, as defined at 50 CFR 424.12(b)). Occupied habitat that contains the features essential to the conservation of the species meets the definition of critical habitat only if its essential features may require special management considerations or protection. Under the Act, we can designate unoccupied areas as critical habitat only when we determine that the best available scientific data demonstrate that the designation of that area is essential to the conservation needs of the species. Section 4 of the Act requires that we designate critical habitat on the basis of the best scientific and commercial data available. Further, our Policy on Information Standards Under the Endangered Species Act (published in the Federal Register on July 1, 1994 (59 FR 34271)), the Information Quality Act (section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 106–554; H.R. 5658)), and our associated Information Quality Guidelines provide criteria, establish procedures, and provide guidance to ensure that our decisions are based on the best scientific data available. They require our biologists, to the extent consistent with the Act and with the use of the best scientific data available, to use primary and original sources of information as the basis for recommendations to designate critical habitat. When we are determining which areas should be proposed as critical habitat, our primary source of information is generally the information developed during the listing process for the species. Additional information sources may include the recovery plan for the species, articles in peer-reviewed journals, conservation plans developed by States and counties, scientific status surveys and studies, biological assessments, or other unpublished materials and expert opinion or personal knowledge. Habitat is often dynamic, and species may move from one area to another over time. Furthermore, we recognize that VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57743 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules designation of critical habitat may not include all of the habitat areas that we may eventually determine, based on scientific data not now available to the Service, are necessary for the recovery of the species. For these reasons, a critical habitat designation does not signal that habitat outside the designated area is unimportant or may not be required for recovery of the species. Areas that support populations, but are outside the critical habitat designation, will continue to be subject to conservation actions we implement under section 7(a)(1) of the Act. They are also subject to the regulatory protections afforded by the section 7(a)(2) jeopardy standard, as determined on the basis of the best available scientific information at the time of the agency action. Federally funded or permitted projects affecting listed species outside their designated critical habitat areas may still result in jeopardy findings in some cases. Similarly, critical habitat designations made on the basis of the best available information at the time of designation will not control the direction and substance of future recovery plans, habitat conservation plans (HCPs), or other species conservation planning efforts if new information available to these planning efforts calls for a different outcome. Methods As required by section 4(b) of the Act, we used the best scientific data available in determining areas occupied at the time of listing that contain the features essential to the conservation of the Peninsular bighorn sheep, and areas unoccupied at the time of listing that are essential to the conservation of the Peninsular bighorn sheep, or both. Material reviewed included information from the final listing rule (63 FR 13134; March 18, 1998) and final critical habitat rule (66 FR 8650; February 1, 2001), information and survey observations published in peer- reviewed literature and provided in academic theses and agency reports; location data and survey information provided in agency status and monitoring reports and on GIS maps; habitat analysis and other information provided in the Peninsular bighorn sheep recovery plan (Service 2000); material submitted during section 7 consultations; data made available through members of the Peninsular Bighorn Sheep Recovery Team, Coachella Valley Multiple Species Habitat Conservation Plan program, and Agua Caliente Band of Cahuilla Indians Tribal Habitat Conservation Plan program; and regional GIS coverages. We are not proposing any areas outside the geographical area presently occupied by the Peninsular bighorn sheep as revised critical habitat because presently occupied areas are sufficient for the conservation of the subspecies. Primary Constituent Elements In accordance with section 3(5)(A)(i) of the Act and the regulations at 50 CFR 424.12, in determining which areas occupied at the time of listing to propose as critical habitat, we consider the primary constituent elements (PCEs) to be those physical and biological features that are essential to the conservation of the species and 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, or rearing (or development) of offspring; and (5) Habitats that are protected from disturbance or are representative of the historic geographical and ecological distributions of a species. We derive the specific primary constituent elements (PCEs) required for the Peninsular bighorn sheep from its biological needs. Space for Individual and Population Growth and for Normal Behavior Peninsular bighorn sheep occur on moderately steep to very steep open slopes, canyons, and washes in hot and dry desert regions where the land is rough and rocky, and sparsely vegetated (66 FR 8650; February 1, 2001). This subspecies is primarily restricted to the east-facing lower elevation slopes (generally below 4,600 ft (1,400 m)) of the Peninsular Ranges along the northwestern edge of the Sonoran Desert (Jorgensen and Turner 1975, p. 51; DeForge et al. 1997, p. 11; Rubin et al. 1998, p. 541; Ernest et al. 2002, p. 76). A wide range of topography provides a diversity of habitats and plant communities across the mountainous slopes, canyons, washes, and alluvial fans within the home range of the Peninsular bighorn sheep (Service 2000, p. 156). This diverse topography is necessary to provide shelter from the elements and predators, areas for rearing, areas used to meet thermal requirements, seasonal water and forage sources, and space for mating and movement of this subspecies. Diverse topographic features are especially important because of the extreme temperatures Peninsular bighorn sheep must cope with in this desert region. During hot weather, desert bighorn sheep seek shade under boulders and cliffs, or move to north- facing slopes (Merritt 1974, p. 14; Andrew 1994, p. 52). In the event of inclement weather they may seek protected caves or overhangs, or move to sunny, south-facing slopes (Andrew 1994, p. 52), or slopes that are protected from strong winds. According to GIS data and occurrence records, Peninsular bighorn sheep largely utilize habitat with 20 to 60 percent slopes, broken by canyons and washes. The preference for slopes greater than 20 percent has been shown in other populations of desert sheep as well (Andrew 1994, p. 53). Nighttime bedding areas are chosen carefully according to the topography of the habitat and may be considered a limiting factor in bighorn sheep distribution (Hansen 1980, p. 78). These bedding areas are usually located along ridges and spurs with long distance visibility where bighorn sheep can escape if necessary in a matter of seconds (Hansen 1980, p. 78). Generally, bighorn sheep primarily rely on their sense of sight to detect predators. They prefer the lower elevations of the Peninsular Ranges where the vegetation associations are less dense and provide better visibility than those at higher elevations. Research has shown that bighorn sheep will avoid habitat in which dense vegetation reduces visibility and regularly use habitat with vegetative canopy cover less than or equal to 30 percent (Risenhoover and Bailey 1985, p. 799; Etchberger et al. 1989, p. 906; Dunn 1996, p. 1). Bighorn sheep in the Peninsular Ranges avoid higher elevations (above 4,600 ft (1,400 m)), likely due to decreased visibility (and therefore increased predation risk) associated with the denser vegetation (chaparral and conifer woodland) found at higher elevations (Service 2000, p. 10). Along with occupying open habitat, bighorn sheep also use very steep, precipitous terrain for predator evasion (Service 2000, p. 6). Bighorn sheep use their climbing abilities rather than speed to escape from predators, and mountainous slopes of greater than or equal to 60 percent (escape habitat) are steep enough to provide this function (Andrew 1994, p. 57; Dunn 1996, p. 1; McKinney et al. 2003, p. 1231; Service 2000, p. 6). Very steep escape habitat is also used for lambing (Service 2000, p. 6). As parturition approaches, ewes seek isolated sites (escape terrain with slopes VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57744 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules 60 percent or greater) with shelter and unobstructed views (Turner and Hansen 1980, p. 148), and seclude themselves from other females while finding sites to give birth (Geist 1971, p. 239; Etchberger and Krausman 1999, p. 358). Ewes usually give birth to one lamb born after an approximately 6-month gestation period (Geist 1971, p. 239; Turner and Hansen 1980, p. 146). These areas of steep and very steep terrain are vital to Peninsular bighorn sheep because lambs have increased vulnerability to predation, and these protective slopes are rarely visited by predators (Geist 1971, p. 239). Ewe groups with lambs usually stay close to escape terrain, while feeding on lower gradient slopes. Berger (1991, p. 72) reported that when feeding on bajadas (compound alluvial fans) or away from escape terrain, ewes and lambs were more than three times more vulnerable to predation. Predators of Peninsular bighorn sheep include mountain lion, bobcat, and coyote (Hayes et al. 2000, p. 954; 66 FR 8650). Metapopulation Structure Within desert mountain ranges like the Peninsular Ranges, bighorn sheep habitat is patchy, and the population structure is naturally fragmented (Bleich et al. 1990, p. 384). This fragmentation has led to the application of a broad landscape approach to their population ecology, grouping geographically distinct herds into metapopulations, which are networks of interacting ewe groups or subpopulations (Schwartz et al. 1986, pp. 182–183; Bleich et al. 1990, p. 386). This approach considers long- term viability not of individual subpopulations, but rather of entire metapopulations; thus both genetic and demographic factors are considered. Decreasing population sizes can lead to decreasing levels of heterozygosity that may have negative demographic effects through inbreeding depression (Lande 1988, p. 1,456) and loss of adaptability. A small amount of genetic exchange among herds by movements of males can counteract inbreeding and associated increases in homozygosity that might otherwise develop within small, isolated populations (Schwartz et al. 1986, p. 185). Males have larger home ranges and have a much greater tendency than females to explore new areas, which they may do in search of females during the mating season. If geographic distances between female groups within metapopulations are not extreme (greater than 31 miles (mi) 50 kilometers (km) (Witham and Smith 1979, p. 24)), and no insurmountable barriers exist, movement by males occurs readily. If movement is precluded by human-constructed obstacles, populations will become isolated and the metapopulation structure dismantled. A study of Peninsular bighorn sheep distribution and abundance by Rubin et al. (1998, p. 545) concluded that ewes exhibit a fragmented distribution within the Peninsular Ranges making up at least eight ewe groups or subpopulations. It is suggested that although the distribution of these ewe groups could be considered naturally fragmented, construction and use of roads through bighorn sheep habitat may have increased fragmentation within the Peninsular Ranges because ewes avoided crossing highways (Rubin et al. 1998, p. 547). Ewes show strong gregarious and philopatric behavior (faithful to natal home range), which limits their dispersal abilities (Boyce et al. 1999, p. 99; Service 2000, p. 10). Movement of ewes between ewe groups appears infrequent, but direct observation and aerial-telemetry locations and genetic analysis revealed ram movement between up to three ewe groups (Boyce et al. 1999, p. 99; Rubin et al. 1998, pp. 543–544). Substructuring also can occur within single herds (ewe groups) of bighorn sheep (Festa-Bianchet 1986, pp. 327– 330; Andrew et al. 1997, pp. 74–75; Rubin et al. 1998, pp. 543–548). Such substructuring is defined by separate home range patterns. Although demonstrated more with females, it can occur in both sexes. Another important long-term process in metapopulation dynamics is the balance between rates of natural extinction and colonization among subpopulations. Colonization rates must exceed extinction rates for a metapopulation to persist (Hanski and Gilpin 1991, pp. 8–9). In recent history this balance has not occurred for Peninsular bighorn sheep due to fragmentation, disease, predation, and low recruitment (Rubin et al. 1998, pp. 545–547; Rubin et al. 2002, p. 803–805). In addition to fragmentation, remaining subpopulations consist of small, isolated groups of bighorn sheep. Small groups are more vulnerable to extirpation due to random naturally occurring events, disease, or predation because of their small population size. Local extinction of small subpopulations can be prevented by occasional immigrants from neighboring subpopulations (rescue effect) (Brown and Kodric-Brown 1977, p. 445). Because of the metapopulation structure of the Peninsular bighorn sheep population, it is important for genetic exchange and the conservation of the subspecies to ensure space for movement and connectivity between ewe groups. Furthermore, maintaining connectivity within the metapopulation will help safeguard against local extinctions of the remaining subpopulations. Food A wide range of forage resources and vegetation associations are required by Peninsular bighorn sheep to meet annual and drought-related variations in forage quality and availability (Hansen 1980, p. 76). Valley floors, rolling hills, and alluvial fans and washes with productive soils provide seasonal vegetation and water resources important to the Peninsular bighorn sheep. In a mountainous environment like the Peninsular Ranges, temperature and soil moisture vary widely with slope and elevation. This causes variation in plant growth throughout this subspecies’ habitat on a seasonal basis. Peninsular bighorn sheep need to have access to the seasonal abundance of plant life at various elevations to maximize resources and survive in the desert environment. Berger (1991, p. 70) found that bighorn sheep adjusted their feeding ranges to exploit more nutritive portions of their home ranges, such as bajadas, early in the season when high protein grasses were emerging. Due to the high energetic costs of pregnancy and lactation, ewes are especially dependent on areas with nutritious forage to increase success of rearing offspring (Service 2000, p. 8). Berbach (1987, p. 97) reported that when ewes were confined to an enclosure and prevented from using all vegetation associations during late gestation and early lactation, they and their lambs died of malnutrition. During the reproductive season for Peninsular bighorn sheep, ewe foraging is typically concentrated on specific sites, such as alluvial fans, bajadas, and washes, where more productive, wetter soils support greater herbaceous growth than steeper, drier, rockier soils (Service 2000, p. 8). There is a tendency for plants that dry out during summer months on the mountain sides to remain green longer (and thus more nutritious, higher in protein, and more easily digested) because groundwater is generally closer to the surface and in greater quantity. Furthermore, the greater soil moisture supports a suite of nutritious plants that do not grow on the dry mountain sides. Therefore, washes and alluvial fans play an important role in allowing desert bighorn sheep to acquire quality forage during the heat of summer months and through times of drought. In a study of Peninsular bighorn sheep, Scott (1986, p. 21) found that VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57745 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules diets were dominated by shrub species (64 to 76 percent), with grasses and forbs species making up a smaller portion of the diet (19 to 30 percent and 2 to 6 percent, respectively). In the following section, plant nomenclature has been updated to conform to treatments in Hickman (1993). Common names generally conform with those given in Hickman (1993) and/or Abrams et al. (1992–1960). Cited scientific names are retained in brackets for ease of reference. Foraging studies by Scott (1986, p. 21) and Cunningham (1982, p. 31) noted that Peninsular bighorn sheep preferentially feed on different plants seasonally. Shrubs such as Ambrosia dumosa (burro bush), Caesalpinia virgata [Hoffmannseggia microphylla] (small-leaved Hoffmannseggia), Hyptis emoryi (desert lavender), Sphaeralcea spp. (globemallow), and Simmondsia chinensis (joboba) are a primary food source year round; grasses such as Aristida adscensionis (sixweeks threeawn) and Bromus rubens (red brome) along with cacti Opuntia spp. (cholla) are a primary food source in the fall; forbs such as Plantago spp. (woolly plantain), Plantago ovata [insularis] var. fastigiata (woolly plantain), and Ditaxis neomexicana (common ditaxis) are a primary food source in the spring. However, Peninsular bighorn sheep are generalist foragers, and will browse on a wide variety of plant species depending on seasonal availability. Other plants reportedly consumed by Peninsular bighorn sheep include Ephedra spp. (Mormon tea), Agave deserti (desert agave), Quercus spp. (scrub oak), Phoradendron californicum (desert mistletoe), Eriogonum fasciculatum (California buckwheat), Prunus fremontii (desert apricot), Acacia greggii (catclaw), Prosopis juliflora (mesquite), Krameria grayi (ratany), and Malosma laurina (laurel- leaf sumac) (Browning and Monson 1980, p. 88). Water In the Peninsular Ranges, the presence of perennial water is known to be a limiting factor only during prolonged droughts or summers without significant thunderstorm activity (Service 2000, p. 156). Water sources are most valuable to bighorn sheep if they occur in proximity to escape terrain with good visibility (Service 2000, p. 9). However, bighorn sheep have been observed to travel at least 10 mi (16 km) from sources of perennial water. According to Service biologists familiar with the subspecies, bighorn sheep usually visit a water source every 2 to 3 days, but it is not unusual for them to drink more often. During the hot summer months, desert bighorn sheep typically stay close to reliable sources of water and drink large quantities of water at a time. It has been hypothesized that desert bighorn sheep can survive without a permanent water source, although this view is not widely accepted (Turner and Weaver 1980, p. 104). In desert ranges like the Peninsular Ranges, rainwater can collect in natural collection tanks and potholes in the rock and provide seasonal or perennial water sources. Natural springs also provide a reliable source of water for Peninsular bighorn sheep. Desert sheep also rely on consuming vegetation, including cacti, to meet water requirements when standing water sources are scarce (Turner and Weaver 1980, p. 102). Water is especially important to lactating ewes, as they need sufficient water to produce milk. Water sources contribute greatly to the Peninsular bighorn sheep’s ability to survive the hot and dry summer months. Primary Constituent Elements for the Peninsular Bighorn Sheep Within the geographical area occupied by the Peninsular bighorn sheep at the time of listing, we must identify the PCEs that may require special management considerations or protection. Based on the above needs and our current knowledge of the life history, biology, and ecology of the subspecies, we have determined that the Peninsular bighorn sheep’s PCEs are: (1) Moderate to steep, open slopes (20 to 60 percent) and canyons, with canopy cover of 30 percent or less (below 4,600 feet (1,402 meters) elevation in the Peninsular Ranges) that provide space for sheltering, predator detection, rearing of young, foraging and watering, mating, and movement within and between ewe groups. (2) Presence of a variety of forage plants, indicated by the presence of shrubs (e.g., Ambrosia spp., Caesalpinia spp., Hyptis spp., Sphaeralcea spp., Simmondsia spp.), that provide a primary food source year round, grasses (e.g., Aristida spp., Bromus spp.) and cacti (e.g., Opuntia spp.) that provide a source of forage in the fall, and forbs (e.g., Plantago spp., Ditaxis spp.) that provide a source of forage in the spring. (3) Steep, rugged, slopes (60 percent slope or greater) (below 4,600 feet (1,402 meters) elevation in the Peninsular Ranges) that provide secluded space for lambing as well as terrain for predator evasion. (4) Alluvial fans, washes, and valley bottoms that provide important foraging areas where nutritious and digestible plants can be more readily found during times of drought and lactation and that provide and maintain habitat connectivity by serving as travel routes between and within ewe groups, adjacent mountain ranges, and important resources areas, such as foraging areas and escape terrain. (5) Intermittent and permanent water sources that are available during extended dry periods and that provide relatively nutritious plants and drinking water. This proposed revision to currently designated critical habitat for the Peninsular bighorn sheep is designed for the conservation of PCEs necessary to support the life history functions that are the basis for our proposal and the areas containing those PCEs. We propose units for designation based on sufficient PCEs being present to support at least one of the subspecies’ life history functions. For this subspecies, all of the units proposed contain all of the PCEs and support the multiple essential life history functions identified above. Special Management Considerations or Protection When designating critical habitat, we assess whether the occupied areas contain the features that are essential to the conservation of the subspecies and that may require special management considerations or protection. We have also considered how revising the current critical habitat designation for the Peninsular bighorn sheep highlights habitat that needs special management considerations or protection. Peninsular bighorn sheep habitat and the PCEs upon which the sheep depends are threatened by the direct and indirect effects of: Development and expansion of urban areas; human disturbance related to recreation; construction of roadways and power lines; and mineral extraction and mining operations. The development and expansion of urban and associated industrial areas threaten Peninsular bighorn sheep and their habitat through direct and indirect effects. Habitat loss (especially in canyon bottoms), degradation, and fragmentation associated with the proliferation of residential and commercial development, roads and highways, water projects, and vehicular and pedestrian recreational uses threaten the Peninsular bighorn sheep throughout its range (63 FR 13134; March 18, 1998). The cities that occur along the eastern boundary of proposed revised critical habitat, from the base of the San Jacinto and Santa Rosa Mountains to the Salton Sea area (Units VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57746 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules 1 and 2A), continue to grow. Development adjacent to and within Peninsular bighorn sheep habitat affects the quality and quantity of lower elevation habitat and associated vegetation, alluvial fans, and water sources (PCEs 1, 2, 4, and 5). By 2000, at least 18,500 ac (7,490 ha) of suitable Peninsular bighorn sheep habitat had been lost to urbanization and agriculture along the urban interface between the cities of Palm Springs and La Quinta (Service 2000, p. 38). Much of the lost habitat consisted of low elevation alluvial fans and washes that provided important sources of nutrients to ewes when they are rearing their lambs (PCE 2 and 4) (66 FR 8650; February 1, 2001). Moreover, in the northern Santa Rosa Mountains, from 1991 to 1996, 34 percent of adult mortalities appear to have been directly caused by urbanization (66 FR 8650; February 1, 2001). Five Peninsular bighorn sheep were killed by cars; five died from feeding on toxic, nonnative ornamental plants; and one was strangled in a wire fence (DeForge and Ostermann 1997, p. 1). Continued urban and commercial development within the range of Peninsular bighorn sheep could fragment the Peninsular bighorn sheep metapopulation into isolated groups too small to maintain long-term viability. Maintenance of genetic diversity allows small ewe groups like those in the Peninsular Ranges to persist. The inability of rams and occasional ewes to move between groups erodes the genetic fitness of isolated groups (PCE 1 and 4) (63 FR 13134; March 18, 1998). Special management considerations or protection may be needed to alleviate the effects of development on Peninsular bighorn sheep habitat, especially lower elevation habitat, alluvial fans, and areas of possible ewe group connectivity near urban areas. This protection could be accomplished by controlling the expansion of urban, industrial, and agricultural development into these areas. In the Peninsular Ranges (Units 1, 2 and 3), increased activity and disturbance adjacent to, and within Peninsular bighorn sheep habitat are adversely affecting bighorn sheep by altering their normal behavior. This altered behavior can lead to abandonment of habitat and prevent use of preferred habitat, including lambing areas, water sources, and foraging areas, and cause negative physiological effects (PCE 1, 2, 3, 4, and 5) (66 FR 8650; 63 FR 13134). A variety of human activities, such as hiking, mountain biking, horseback riding, camping, hunting, livestock grazing, and use of aircraft and off-road vehicles, have the potential to disrupt normal bighorn sheep social behaviors. Special management considerations or protection may be needed to alleviate the effects of human activity and disturbance to Peninsular bighorn sheep. Restricting human use of trail systems and natural areas during lambing season and exclusionary fencing around urban areas may reduce human effects on Peninsular bighorn sheep behavior. Roadways and power line structures occur in, and are proposed for construction within, Peninsular bighorn sheep habitat. Two major highways run through the Peninsular Ranges and fragment bighorn sheep habitat. In the northern portion of the Peninsular Ranges, State Route 74 runs through the Santa Rosa Mountains (Unit 2A). Further south, State Route 78 cuts through habitat between the San Ysidro Mountains and Pinyon Mountains (Unit 2B). These roadways have degraded habitat and have generally impeded the movement of Peninsular bighorn sheep (especially ewes) between ewe groups in the surrounding areas (PCE 1, 2, 3, 4, and 5) (Rubin et al. 1998, p. 547), which can erode the genetic fitness of isolated groups (63 FR 13134; March 18, 1998). However, some movement has been documented across State Route 74 (Service 2004, pp. 1–2). Epps et al. (2005, p. 1035) showed that nuclear genetic diversity of desert bighorn sheep populations was negatively correlated with the presence of human-made barriers (highways), which essentially eliminated dispersal. Furthermore, in some portions of their range, collisions with automobiles can be a significant cause of Peninsular bighorn sheep mortality (DeForge and Ostermann 1997, p. 1). The construction of power lines and associated structures may also degrade and fragment bighorn sheep habitat. Currently, a large power line (Sunrise Powerlink) is proposed for construction through Unit 2B along Highway 78. Special management considerations or protection may be needed to alleviate the effects of roadway and power line structures on Peninsular bighorn sheep and their habitat. Future construction of roadways and power lines should be avoided, and if unavoidable, should be constructed in a way that minimizes effects to habitat and allows for continued connectivity among ewe groups. Mining operations occur within southern portions of the habitat used by Peninsular bighorn sheep. Mining activities and associated facilities threaten Peninsular bighorn sheep by causing the loss of vegetation structure required for foraging activities and destroying habitats used for escape, bedding, lambing, or connectivity between ranges (PCE 1, 2, 3, 4, and 5). Disturbance could modify the sheep’s behavior or cause bighorn sheep to flee an area. Mining occurs within the habitat of Peninsular bighorn sheep in Units 2B and 3. Special management considerations or protection may be needed to alleviate the effects of mining operations on Peninsular bighorn sheep habitat. Further mining operations should avoid to the maximum extent possible, areas considered essential to Peninsular bighorn sheep conservation. Criteria Used To Identify Critical Habitat All proposed revised critical habitat units are within areas that we have determined were occupied at the time of listing, and that contain sufficient PCEs to support the life history functions essential for the conservation of the subspecies. Lands were proposed for designation based on sufficient PCEs being present to support the life processes. We used the following data to delineate proposed revised critical habitat: (1) Areas known to be occupied at the time of listing (1998) and currently occupied; (2) areas within the ewe group distribution (subpopulations) boundaries identified by Rubin et al. (1998); (3) areas where occupancy data points indicate repeated Peninsular bighorn sheep use, but which were not captured within the ewe groups distribution boundaries identified by Rubin et al. (1998); and (4) areas that contain the PCEs required by the subspecies as determined from aerial imagery and GIS data on vegetation, elevation, and slope. We also gathered information from our files, staff biologists, the California Department of Fish and Game, the Bighorn Institute, and Dr. Ester Rubin. Our proposed revision to critical habitat is designed to capture ewe groups; lambing areas; foraging areas, including alluvial fans; water sources; ram groups; and areas used for associated herd (male, female, and young) movements and migrations. We delineated the proposed revised critical habitat boundaries using the following steps: (1) As a first step in the delineation process, we mapped ewe group areas from Rubin et al. (1998) over GIS imagery of the Peninsular Ranges to delineate the distribution of ewe groups in the proposed revised critical habitat. We consider Rubin et al. (1998) to be the best available data on Peninsular bighorn sheep ewe group distribution. VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57747 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules Rubin et al. (1998) examined the population structure, distribution, and abundance of Peninsular bighorn sheep in California using observational data from radio-collared and uncollared male (ram) and female (ewe) sheep between 1971 and 1996. This is the only data we are aware of that identifies the distribution of ewe groups and subgroups within the Peninsular Ranges. (2) To ensure that Rubin et al. (1998, pp. 539–561) still accurately represents the boundaries of the ewe groups and to capture possible ram movement, we compared the ewe group delineation from Rubin et al. (1998, pp. 539–561) with all occupancy data collected since the time of listing on GIS imagery maps. We then expanded the ewe group delineation to include areas where occupancy data points indicate repeated Peninsular bighorn sheep use and recent sheep movements (post Rubin et al. 1998, pp. 539–561), and areas that contain the PCEs for Peninsular bighorn sheep. In particular, we expanded the northernmost ewe group delineation (San Jacinto Mountains) to include the area north of Chino Canyon where (1) we have evidence of recent ewe and ram movements and (2) the Bighorn Institute has released, and continues to release, captive-born sheep to help recover this subspecies. We also expanded the southernmost ewe group delineation (Carizzo Canyon area) to the south to capture water sources (PCE 5), including habitat near the Interstate 8-State Route 98 split, where there are consistent, recent sightings of uncollared Peninsular bighorn sheep. (3) We then examined all pre-listing occurrence data in our files to determine if our revised critical habitat missed any areas of historical repeated Peninsular bighorn sheep use. We identified an area of historical repeated use that was occupied at the time of listing between two ewe subgroups documented in Rubin et al. (1998, pp. 539–561) as (1) Santa Rosa Mountains east of State Route 74 (Martinez Canyon) and (2) Santa Rosa Mountains east of State Route 74 (south)). Use of this area is consistent with the Rubin et al. (1998, pp. 539–561) demographic study, which indicated possible connectivity between these subgroups through this area. This area is important in light of genetic findings by Boyce et al. (1999, pp. 99– 106) that indicate ewe groups within these ranges maintain genetic connectivity, probably through male- mediated nuclear gene flow. Based on the importance of this area for connectivity between subgroups, we expanded the proposed revised critical habitat boundaries to include areas where occupancy data points indicate historically occupied habitat. Since the number of occurrence data points in historically occupied areas is relatively small, we delineated the unit boundaries in these areas to follow the boundaries of the PCEs, such as elevations below 4,600 ft (1,400 m), areas with 30 percent canopy cover or less, escape terrain, alluvial fans, washes, and water sources immediately adjacent to the identified ewe groups. (4) As a final step in refining our delineation, we closely examined our revised units to ensure they capture all of the PCEs to support life history functions essential for the conservation of the subspecies. Where appropriate, we expanded the boundaries to capture the extent of an alluvial fan or water source (PCE 4 or 5, respectively). We also removed areas that we determined do not contain the PCEs or otherwise do not contain suitable Peninsular bighorn sheep habitat, such as areas above 4,600 ft (1,400 m) elevation (PCE 1), areas containing conifer woodland with canopy cover greater than 30 percent (PCE 1), and slopes less than 20 percent (PCE 1), unless those areas overlapped specifically with Rubin et al.’s (1998, pp. 539–561) ewe group distributions and had documented use by Peninsular bighorn sheep. On May 22, 2007, Drs. Esther Rubin and Walter Boyce, in cooperation with Steve Torres and Chris Stermer of the California Department of Fish and Game, submitted a draft predictive habitat model for bighorn sheep in the Peninsular Ranges. We did not adopt this predictive habitat model to delineate critical habitat because the model was submitted in draft form, prior to final steps of model validation and peer review, and model development was based on just two years of Global Positioning System (GPS) data (Rubin 2007, p. 2); nevertheless, the model supports our proposed delineation. Areas we are designating roughly fall within the upper level habitat suitability classes derived from the preliminary model. When determining the proposed revisions to critical habitat boundaries within this proposed rule, we made every effort to avoid including developed areas such as buildings, paved areas, and other structures that lack PCEs for the Peninsular bighorn sheep. The scale of the maps we prepared under the parameters for publication within the Code of Federal Regulations may not reflect the exclusion of such developed areas. Any such structures and the land under them inadvertently left inside critical habitat boundaries shown on the maps of this proposed revision to critical habitat have been excluded by text in the proposed rule and are not proposed for designation as revised critical habitat. Therefore, Federal actions limited to these areas would not trigger section 7 consultation, unless they may affect the subspecies or primary constituent elements in adjacent critical habitat. Summary of Proposed Changes From Previously Designated Critical Habitat The areas identified in this proposed rule constitute a proposed revision to the areas we designated as critical habitat for the Peninsular bighorn sheep on February 1, 2001 (66 FR 8650). The main differences include the following: (1) The 2001 final rule used a generalized methodology for delineating critical habitat that resulted in the designation of one critical habitat unit for Peninsular bighorn sheep totaling 844,897 ac (341,919 ha) (66 FR 8650; February 1, 2001). This proposed revision is based on a more specific methodology that resulted in three critical habitat units including approximately 384,410 ac (155,564 ha) of land in Riverside, San Diego, and Imperial counties, California, a reduction of 460,487 ac (186,355 ha) from the 2001 final rule (66 FR 8650). The areas included in this proposed revised critical habitat are almost entirely within the boundaries of the existing (2001) critical habitat. There are approximately 72 ac (29 ha) of BLM land in Unit 3 that are outside the boundary of the 2001 critical habitat. The reduction in total area from the 2001 final critical habitat designation is primarily the result of using a revised methodology to delineate critical habitat in this proposed revision. In our 2001 final critical habitat designation, we delineated critical habitat based on the methodology used in the Recovery Plan for Bighorn Sheep in the Peninsular Ranges, California (Service 2000). In developing this proposed revision, we reexamined the methodology outlined in the 2000 recovery plan and the 2001 critical habitat designation, and updated that methodology based on the best available information to identify areas essential for the conservation of the subspecies (see ‘‘Criteria Used To Identify Critical Habitat’’ section). Since publication of the 2000 recovery plan and the 2001 critical habitat designation, more specific and up-to-date information has become available regarding habitat use by Peninsular bighorn sheep and areas containing the features essential to the conservation of this subspecies. New information indicates that many areas included in the 2001 critical habitat VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57748 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules designation do not support the features essential for the conservation of the Peninsular bighorn sheep and/or otherwise contain unsuitable habitat for the subspecies. For example, the 2001 final rule included high elevation (above 4,600 ft (1,402 m)), densely vegetated, and forested habitat that is inappropriate for sheep use in the San Jacinto, Santa Rosa, and Vallecito Mountains. The differences between the generalized methodology applied in the 2001 critical habitat designation and the methodology used in this proposed rule, including our reasons for revising the approach, are outlined below. The recovery plan generally used two criteria, the presence of escape terrain and unobstructed view, as key habitat requirements when delineating the areas essential to Peninsular bighorn sheep with little consideration of the presence of the PCEs required by this subspecies. In this proposed revision, we have considered all five of the revised PCEs in delineating proposed revised critical habitat which results in a more precise determination of essential habitat (see ‘‘Primary Constituent Elements for the Peninsular Bighorn Sheep’’ and ‘‘Criteria Used to Identify Critical Habitat’’ sections). Additionally, little consideration was given to occurrence data in the recovery plan methodology and specific ewe group distributions, resulting in expanses of critical habitat in the 2001 designation in which we have little to no occurrence records that would indicate sheep use those areas. For example, we have occupancy data dating back to 1940, yet extensive areas along the western and southern boundary of the 2001 designation contain little to no documented sheep use. In light of all the recent research efforts and occupancy data, we are not including those lands in this proposed revision as we have determined that those lands are not essential to the conservation of Peninsular bighorn sheep. Because a detailed vegetation map was not available at the time of the recovery plan, a team of biologists flew the entire western boundary in a helicopter and visually assessed vegetation associations (Service 2000, p. 159). The western boundary was determined by consensus and recorded by GPS from the helicopter position every ten seconds (Service 2000, p. 159). A 0.5 mi (0.8 km) buffer was added to this line to account for the advent of fire suppression (Service 2000, p. 160). In determining the western boundary of essential habitat in this proposed revision, we used vegetation maps that cover the entire range of the Peninsular bighorn sheep, along with detailed aerial photography, expert opinion, and sheep use data to delineate boundaries, which we have determined more precisely captures the areas essential to the subspecies. Like our methodology for this proposed revision, the 2001 methodology used a minimum slope criterion of 20 percent to delineate essential habitat; however, a 0.5 mi (0.8 km) buffer was included around slopes of greater than or equal to 20 percent (Service 2000, p. 158). This proposed rule does not include a buffer zone area around habitat determined to be essential to the subspecies. In summary, we consider the recent data and methodology used in this proposed revision to more accurately and specifically delineate the areas essential to the Peninsular bighorn sheep. The methods used in the 2000 recovery plan and the 2001 critical habitat designation resulted in a more inclusive delineation of essential habitat due to limited data. Application of the revised methodology, based on the best available information, identified 460,487 ac (186,355 ha) of previously designated critical habitat that is not essential to the subspecies, and therefore we are not including these areas in this proposed revision to the critical habitat designation. (2) We re-evaluated and revised the PCEs in light of the Alameda whipsnake court case (Homebuilder’s Ass’n of Northern Cal. v. U.S. Fish and Wildlife Service, 268 F. Supp.2d 1197 (E.D. Cal. 2003)) and other relevant case law, and followed current Service guidelines and policies. The PCEs differ from those in the existing critical habitat rule in that they are reorganized into five separate PCEs for clarity. Furthermore, we have added specific information on elevational range, plant species used for foraging, and range of slopes required by the subspecies. This additional specificity was gained by evaluating the recovery plan and examining all recent sheep data, including data from radio collars and GPS collars providing precision to the identification of habitats used and preferred by Peninsular bighorn sheep. Applying the more precise PCEs to the mountain ranges inhabited by Peninsular bighorn sheep allowed us to fine tune the proposed revision to those areas containing preferred habitat for sheep use, and removing those areas unlikely to be used by Peninsular bighorn sheep. (3) Approximately 29,924 ac (12,110 ha) of designated critical habitat were vacated in the July 31, 2006, consent decree. A portion of those acres are now within proposed revised critical habitat. Of the 13,213 ac (5,347 ha) of vacated Agua Caliente Band of Cahuilla Indians Tribal lands, approximately 4,512 ac (1,826 ha) are now included in this proposal. However, we are proposing to exclude all Tribal lands from the final designation. Approximately 16,691 ac (6,756 ha) of mining lands at Ocotillo Mineral Material Sites and Fish Canyon Quarry property were vacated. In this proposed revision to critical habitat we are including roughly 50 percent of those vacated lands; specifically, we are including lands along the northernmost portion of the Ocotillo Mineral Material Sites property and the middle to southern portion of the Fish Canyon Quarry property. Both of these mining properties contain actively mined lands, but also contain areas in which we have recent documented use by Peninsular bighorn sheep and areas that meet the criteria used to identify critical habitat as described above. The Desert Riders lands vacated in the consent decree (approximately 20 ac (8 ha)) are not included in this proposed revision. Our 2001 final critical habitat rule included the statement that ‘‘* * *; we are not aware of any information suggesting that particular areas within designated critical habitat are currently unsuitable or unused over the generational timeframe needed for the long-term conservation of bighorn sheep in the Peninsular Ranges’’ (66 FR 8655). However, we have reconsidered the information that was available to us at the time of the 2001 designation in light of all the information currently available to us, and we have determined that the methodology used in this proposed revision, which utilized the best available information, provides a more accurate and specific delineation of the areas essential to the Peninsular bighorn sheep, than that relied upon in the 2001 critical habitat designation. Proposed Revisions to the Critical Habitat Designation We are proposing four units as critical habitat for the Peninsular bighorn sheep. These units, which are almost entirely within the area included in the 2001 designation, if finalized, would replace the current critical habitat designation for the Peninsular bighorn sheep at 50 CFR 17.95(a). The critical habitat areas we describe below constitute our current best assessment of areas that meet the definition of critical habitat for the Peninsular bighorn sheep. Table 1 shows the occupancy status of each unit being proposed as revised critical habitat. VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57749 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules TABLE 1.—OCCUPANCY STATUS OF CRITICAL HABITAT UNITS PROPOSED FOR THE PENINSULAR BIGHORN SHEEP Unit Occupied at time of listing? Currently occupied? Size of proposed revised critical habitat unit in acres (Hectares) 1. San Jacinto Mts. ........................... Yes ................................................... Yes ................................................... 15,273 (6,180 ha). 2A. N. Santa Rosa Mts. .................... Yes ................................................... Yes ................................................... 74,998 ac (30,350 ha). 2B. S. Santa Rosa Mts. south to Vallecito Mts.. Yes ................................................... Yes ................................................... 226,211 ac (91,545 ha). 3. Carrizo Canyon ............................. Yes ................................................... Yes ................................................... 67,928 ac (27,489 ha). Total ........................................... ........................................................... ........................................................... 384,410 ac (155,564 ha). The four areas we propose as revised critical habitat are: (1) Unit 1—San Jacinto Mountains, (2) Unit 2A—North Santa Rosa Mountains, (3) Unit 2B— South Santa Rosa Mountains south to Vallecito Mountains, and (4) Unit 3— Carrizo Canyon. The approximate area of each proposed revised critical habitat unit is shown in Table 2. TABLE 2.—PROPOSED REVISED CRITICAL HABITAT UNITS FOR THE PENINSULAR BIGHORN SHEEP WITH LAND OWNERSHIP [Area estimates reflect all land within proposed critical habitat unit boundaries] Critical habitat unit Land ownership by type Size of proposed revised critical habitat unit in acres (Hectares) 1. San Jacinto Mts. .......................................................... Tribal 1 .............................................................................. 4,512 ac (1,826 ha). BLM 2 ............................................................................... 3,757 ac (1,520 ha). USFS 3 ............................................................................. 1,266 ac (512 ha). Private .............................................................................. 5,738 ac (2,322 ha). Subtotal ............................................................................ 15,273 ac (6,180 ha). 2A. N. Santa Rosa Mts. ................................................... BLM ................................................................................. 44,669 ac (18,077 ha). State 4 .............................................................................. 16,856 ac (6,821 ha). Private .............................................................................. 13,473 ac (5,452 ha). Subtotal ............................................................................ 74,998 ac (30,350 ha). 2B. S. Santa Rosa Mts. south to Vallecito Mts. .............. BLM ................................................................................. 16,266 ac (6,583 ha). State 5 .............................................................................. 197,509 ac (79,929 ha). Private .............................................................................. 12,436 ac (5,033 ha). Subtotal ............................................................................ 226,211 ac (91,545 ha). 3. Carrizo Canyon ............................................................ BLM ................................................................................. 27,762 ac (11,235 ha). State 6 .............................................................................. 35,475 ac (14,356 ha). Private .............................................................................. 4,177 ac (1,690 ha). Local 7 .............................................................................. 514 ac (208 ha). Subtotal ............................................................................ 67,928 ac (27,489 ha). Total ................................................................... .......................................................................................... 384,410 ac (155,564 ha). 1—Tribal = Agua Caliente Band of Cahuilla Indians Reservation and Tribal Lands 2—BLM = Bureau of Land Management 3—USFS = United States Forest Service 4—State = California Department of Fish and Game (CDFG) and California State Lands Commission (CSLC) 5—State = CDFG, CSLC, and California Department of Parks and Recreation (CDPR) 6—State = CDPR 7—Local = City/County Park We present brief descriptions of all units and reasons why they meet the definition of critical habitat for the Peninsular bighorn sheep below. Unit 1: San Jacinto Mountains Unit 1 consists of approximately 15,273 ac (6,180 ha) in the San Jacinto Mountains, Riverside County. Unit 1 is generally located within an area bounded on the east by the city of Palm Springs; bounded on the north by Windy Point and Snow Canyon; and that extends south to the northern Palm Canyon area. Land ownership within the unit includes approximately 4,512 ac (1,826 ha) of Agua Caliente Band of Cahuilla Indians Tribal land; 3,757 ac (1,520 ha) of BLM land; 1,266 ac (512 ha) of USFS land; and 5,738 ac (2,322 ha) of private land (Table 2). Unit 1 begins at a low elevation of about 450 ft (137 m) on the eastern slope and rises to about 4,600 ft (1,400 m) to the west. It is the northernmost unit proposed as revised critical habitat for the Peninsular bighorn sheep. This unit was occupied at the time of listing and is currently occupied (Table 1). Habitat in this unit contains features that are essential to the conservation of the Peninsular bighorn sheep including a VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57750 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules range of vegetation types (PCE 2), foraging and watering areas including alluvial fans (PCE 4 and 5), and steep to very steep, rocky terrain with elevations and slopes that provide for sheltering, lambing, mating, movement among and between ewe groups (PCE 1), and predator evasion (PCE 3). The PCEs in Unit 1 may require special management considerations or protection to ameliorate the threats of urban and industrial development, particularly in lower elevation areas, and to decrease the direct and indirect effects of human disturbance to the Peninsular bighorn sheep and its habitat, due to the proximity of this unit to the Palms Springs area. Please see the ‘‘Special Management Considerations or Protection’’ section of this proposed rule for a detailed discussion of the threats to Peninsular bighorn sheep habitat and potential management considerations. This unit includes approximately 4,512 ac (1,826 ha) of Agua Caliente Band of Cahuilla Indians (Tribe) tribal lands supporting essential Peninsular bighorn sheep habitat. We are proposing to exclude these lands from the final designation. The designation of critical habitat would be expected to adversely impact our working relationship with the Tribe and we believe that Federal regulation through critical habitat designation would be viewed as an unwarranted and unwanted intrusion into tribal natural resource programs. Furthermore, these approximately 4,512 ac (1,826 ha) of Tribal land are currently managed by the Tribe in a manner that provides some conservation benefits to the Peninsular bighorn sheep, and are also within the plan area of the draft Agua Caliente Band of Cahuilla Indians Tribal Habitat Conservation Plan (Tribal HCP) (see ‘‘Proposed Exclusion of Agua Caliente Band of Cahuilla Indians Tribal Lands Under Section 4(b)(2) of the Act’’ for a detailed discussion). This unit also includes lands within the plan area for the draft Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP). We are considering the possible exclusion of approximately 5,738 ac (2,322 ha) of private land from the final critical habitat designation based on benefits provided to the Peninsular bighorn sheep and its PCEs by the MSCHP, which is in draft form and under review by the Service (see ‘‘Lands Covered by Management Plans ‘‘ Exclusions Under Section 4(b)(2) of the Act’’ for a detailed discussion). Unit 2A: North Santa Rosa Mountains Unit 2A consists of approximately 74,998 ac (30,350 ha) in the northern Santa Rosa Mountains, Riverside County. Unit 2A is generally located on the east-facing slopes of the northern Santa Rosa Mountains, is loosely bounded on the east by communities of the northern Coachella Valley, and extends from the Rancho Mirage area in the north to Martinez Canyon in the south. Land ownership within the unit includes approximately 44,669 ac (18,077 ha) of BLM land; 16,856 ac (6,821 ha) of land owned by the State of California; and 13,473 ac (5,452 ha) of private land (Table 2). Unit 2A begins at a low elevation of about 50 ft (15 m) on the eastern slope and rises to about 4,600 ft (1,400 m) to the west. This unit was occupied at the time of listing and is currently occupied (Table 1). Habitat in this unit contains features that are essential to the conservation of the Peninsular bighorn sheep including a range of vegetation types (PCE 2), foraging and watering areas including alluvial fans (PCE 4 and 5), and steep to very steep, rocky terrain with elevations and slopes that provide for sheltering, lambing, mating, movement among and between ewe groups (PCE 1), and predator evasion (PCE 3). The PCEs in Unit 2A may require special management considerations or protection to ameliorate the threats of urban, industrial, and agricultural development, and to decrease the direct and indirect effects of human disturbance to Peninsular bighorn sheep and its habitat, due to the proximity of this unit to the highly developed northern Coachella Valley. Additionally, the PCEs in this unit may require special management considerations or protection to alleviate threats to Peninsular bighorn sheep and its habitat associated with roadways; State Route 74 cuts through the midsection of this unit and may impede movement between ewe groups. Please see the ‘‘Special Management Considerations or Protection’’ section of this proposed rule for a detailed discussion of the threats to Peninsular bighorn sheep habitat and potential management considerations. This unit includes lands that are within the plan area for the draft Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP). We are considering the possible exclusion of approximately 13,473 ac (5,452 ha) of private land in Unit 2A from the final critical habitat designation based on benefits provided to the Peninsular bighorn sheep habitat under this plan, which is in draft form and under review by the Service (see ‘‘Areas Considered for Exclusion Under Section 4(b)(2) of the Act’’ for a detailed discussion). Unit 2B: South Santa Rosa Mountains south to Vallecito Mountains Unit 2B consists of approximately 226,211 ac (91,545 ha) in the southern Santa Rosa Mountains, Coyote Canyon, San Ysidro Mountains, Pinyon Mountains, and Vallecito Mountains, in Riverside, San Diego, and Imperial counties. Unit 2B is generally located on the east-facing slopes of the above ranges; it is loosely bounded on the east by the Coachella Valley floor and extends from the southern Santa Rosa Mountains in the north to the Fish Creek Mountains in the south. Land ownership within the unit includes approximately 16,266 ac (6,583 ha) of BLM land; 197,509 ac (79,929 ha) of land owned by the State of California; and 12,436 ac (5,033 ha) of private land (Table 2). Portions of the Anza-Borrego Desert State Park occur within this unit. Unit 2B begins at a low elevation of about 150 ft (45 m) on the eastern slope and rises to about 4,600 ft (1,400 m) to the west. This unit was occupied at the time of listing and is currently occupied (Table 1). Habitat in this unit contains features that are essential to the conservation of the Peninsular bighorn sheep including a range of vegetation types (PCE 2), foraging and watering areas including alluvial fans (PCE 4 and 5), and steep to very steep, rocky terrain with elevations and slopes that provide for sheltering, lambing, mating, movement among and between ewe groups (PCE 1), and predator evasion (PCE 3). The PCEs in Unit 2B may require special management considerations or protection to ameliorate the threats of urban, industrial, and agricultural development due to the proximity of this unit to the Coachella Valley, especially the lower elevation areas in the northeastern portions of this unit. Additionally, the PCEs in this unit may require special management considerations or protection to decrease the direct and indirect effects of human disturbance to Peninsular bighorn sheep and its habitat due to recreational activity. Most of this unit includes lands within Anza-Borrego Desert State Park, which is open to recreation activities. Furthermore, the PCEs in this unit may require special management considerations or protection to alleviate threats to Peninsular bighorn sheep and its habitat associated with State Route 78, which cuts through the southern portion of this unit and may impede movement between ewe groups, and mining operations at Fish Canyon Quarry. Please see the ‘‘Special Management Considerations or Protection’’ section of this proposed rule VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57751 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules for a detailed discussion of the threats to Peninsular bighorn sheep habitat and potential management considerations. Unit 3: Carrizo Canyon Unit 3 consists of approximately 67,928 ac (27,489 ha) in the Carrizo Canyon area, in San Diego and Imperial counties. Unit 3 is generally located in Carrizo Canyon and the surrounding In- Ko-Pah Mountains, Jacumba Mountains, Coyote Mountains, and Tierra Blanca Mountains; it is loosely bounded on the north, east, and west by the Coachella Valley floor. Land ownership within the unit includes approximately 27,762 ac (11,235 ha) of BLM land; 35,475 ac (14,356 ha) of land owned by the State of California; 4,177 ac (1,690 ha) of private land; and 514 ac (208 ha) of local park land (Table 2). Portions of the Anza-Borrego Desert State Park occur within this unit. Unit 3 begins at a low elevation of about 400 ft (122 m) on the eastern slope and rises to about 4,600 ft (1,400 m) to the west. This unit was occupied at the time of listing and is currently occupied (Table 1). Habitat in this unit contains features that are essential to the conservation of the Peninsular bighorn sheep including a range of vegetation types (PCE 2), foraging and watering areas including alluvial fans (PCE 4 and 5), and steep to very steep, rocky terrain with elevations and slopes that provide for sheltering, lambing, mating, movement among and between ewe groups (PCE 1), and predator evasion (PCE 3). The PCEs in Unit 3 may require special management considerations or protection to decrease the direct and indirect effects of human disturbance due to recreational activity to Peninsular bighorn sheep and its habitat. Most of this unit occurs within the Anza-Borrego Desert State Park, which is open to recreation activities. The PCEs in Unit 3 may also require special management considerations or protection to protect Peninsular bighorn sheep habitat from mining operations at Ocotillo Mineral Material Site. Please see the ‘‘Special Management Considerations or Protection’’ section of this proposed rule for a detailed discussion of the threats to Peninsular bighorn sheep habitat and potential management considerations. Table 3 provides approximate areas (ac, ha) of lands that meet the definition of critical habitat but that we are proposing to exclude from the final revised critical habitat designation. Table 3 also provides reasons for the proposed exclusions. TABLE 3.—PROPOSED EXCLUSIONS BY CRITICAL HABITAT UNIT Unit Statutory Reason for proposal exclusion Area meeting the definition of critical habitat in acres (Hectares) Area proposed for exclusion in acres (Hectares) 1. San Jacinto Mts. 4(b)(2) ............................... Government-to-Govern- ment Relationship 1 4,512 ac (1,826 ha) 4,512 ac (1,826 ha). Total ........................... ........................................... ........................................... ........................................... 4,512 ac (1,826 ha). 1 Government-to-Government Relationship = Secretarial Order 3206, ‘‘ American Indian Tribal Rights, Federal Tribal Trust Responsibilities, and the Endangered Species Act’’ (June 5, 1997); the President’s memorandum of April 29, 1994, ‘‘ Government-to-Government Relations with Na- tive American Tribal Governments’’ (59 FR 22951); Executive Order 13175; and the relevantprovision of the Departmental Manual of the Depart- ment of the Interior (512 DM 2). Effects of Critical Habitat Designation Section 7 Consultation Section 7(a)(2) of the Act requires Federal agencies, including the Service, to ensure that actions they fund, authorize, or carry out are not likely to destroy or adversely modify critical habitat. Decisions by the 5th and 9th Circuit Court of Appeals have invalidated our definition of ‘‘destruction or adverse modification’’ (50 CFR 402.02) (see Gifford Pinchot Task Force v. U.S. Fish and Wildlife Service, 378 F. 3d 1059 (9th Cir. 2004) and Sierra Club v. U.S. Fish and Wildlife Service et al., 245 F.3d 434, 442 (5th Cir. 2001)), and we do not rely on this regulatory definition when analyzing whether an action is likely to destroy or adversely modify critical habitat. Under the statutory provisions of the Act, we determine destruction or adverse modification on the basis of whether, with implementation of the proposed Federal action, the affected critical habitat would remain functional (or retain the current ability for the PCEs to be functionally established) to serve its intended conservation role for the species. Section 7(a)(4) of the Act requires Federal agencies to confer with us on any action that is likely to jeopardize the continued existence of a species proposed for listing or result in destruction or adverse modification of proposed critical habitat. This is a procedural requirement only, as any conservation recommendations in a conference report or opinion are strictly advisory. However, once a species proposed for listing becomes listed, or proposed critical habitat is designated as final, the full prohibitions of section 7(a)(2) apply to any discretionary Federal action. The primary utility of the conference procedures is to allow a Federal agency to maximize its opportunity to adequately consider species proposed for listing and proposed critical habitat and to avoid potential delays in implementing their proposed action because of the section 7(a)(2) compliance process, if we list those species or designate critical habitat. We may conduct conferences either informally or formally. We typically use informal conferences as a means of providing advisory conservation recommendations to assist the agency in eliminating conflicts that the proposed action may cause. We typically use formal conferences when we or the Federal agency believes the proposed action is likely to jeopardize the continued existence of the species proposed for listing or adversely modify proposed critical habitat. We generally provide the results of an informal conference in a conference report, while we provide the results of a formal conference in a conference opinion. We typically prepare conference opinions on proposed species or critical habitat in accordance with procedures contained at 50 CFR 402.14, as if the proposed species were already listed or the proposed critical habitat was already designated. We may adopt the conference opinion as the biological opinion when the species is listed or the critical habitat is designated, if no substantial new information or changes in the action alter the content of the opinion (see 50 CFR 402.10(d)). VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57752 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules If a species is listed or critical habitat is designated, section 7(a)(2) of the Act requires Federal agencies to ensure that activities they authorize, fund, or carry out are not likely to jeopardize the continued existence of the species or to destroy or adversely modify its critical habitat. If a Federal action may affect a listed species or its critical habitat, the responsible Federal agency (action agency) must enter into consultation with us. As a result of this consultation, we document compliance with the requirements of section 7(a)(2) through our issuance of: (1) A concurrence letter for Federal actions that may affect, but are not likely to adversely affect, listed species or critical habitat; or (2) A biological opinion for Federal actions that may affect, and are likely to adversely affect, listed species or critical habitat. When we issue a biological opinion concluding that a project is likely to jeopardize the continued existence of a listed species or destroy or adversely modify critical habitat, we also provide reasonable and prudent alternatives to the project, if any are identifiable. We define ‘‘Reasonable and prudent alternatives’’ at 50 CFR 402.02 as alternative actions identified during consultation that: •Can be implemented in a manner consistent with the intended purpose of the action, •Can be implemented consistent with the scope of the Federal agency’s legal authority and jurisdiction, •Are economically and technologically feasible, and •Would, in the Director’s opinion, avoid jeopardizing the continued existence of the listed species or destroying or adversely modifying critical habitat. Reasonable and prudent alternatives can vary from slight project modifications to extensive redesign or relocation of the project. Costs associated with implementing a reasonable and prudent alternative are similarly variable. Regulations at 50 CFR 402.16 require Federal agencies to reinitiate consultation on previously reviewed actions in instances where we have listed a new species or subsequently designated critical habitat that may be affected and the Federal agency has retained discretionary involvement or control over the action (or the agency’s discretionary involvement or control is authorized by law). Consequently, Federal agencies may sometimes need to request reinitiation of consultation with us on actions for which formal consultation has been completed, if those actions with discretionary involvement or control may affect subsequently listed species or designated critical habitat. Federal activities that may affect the Peninsular bighorn sheep or its designated critical habitat require section 7(a)(2) consultation under the Act. Activities on State, Tribal, local, or private lands requiring a Federal permit (such as a permit from the U.S. Army Corps of Engineers under section 404 of the Clean Water Act (33 U.S.C. 1251 et seq.) or a permit from us under section 10 of the Act) or involving some other Federal action (such as funding from the Federal Highway Administration, Federal Aviation Administration, or the Federal Emergency Management Agency) are subject to the section 7(a)(2) consultation process. Federal actions not affecting listed species or critical habitat, and actions on State, Tribal, local, or private lands that are not federally funded, authorized, or permitted, do not require section 7(a)(2) consultations. Application of the ‘‘Adverse Modification’’ Standard The key factor related to the adverse modification determination is whether, with implementation of the proposed Federal action, the affected critical habitat would continue to serve its intended conservation role for the species, or would retain its current ability for the primary constituent elements to be functionally established. 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 the Peninsular bighorn sheep. Generally, the conservation role of the Peninsular bighorn sheep critical habitat units is to support viable core area populations. Section 4(b)(8) of the Act requires us to briefly evaluate and describe, in any proposed or final regulation that designates critical habitat, activities involving a Federal action that may destroy or adversely modify such habitat, or that may be affected by such designation. Activities that, when carried out, funded, or authorized by a Federal agency, may affect critical habitat and therefore should result in consultation for the Peninsular bighorn sheep include, but are not limited to: (1) Actions that would significantly reduce ongoing management and conservation efforts that benefit the Peninsular bighorn sheep on public lands. Such activities could include, but are not limited to, the sale, exchange, or lease of lands managed by BLM or other Federal agencies, and the State of California. These activities could reduce the amount of space that is available for individual and population growth and normal behavior, as well as reduce or eliminate the number and extent of sites for foraging, watering, breeding, reproduction, and rearing of offspring. These activities could also reduce the opportunities available to Federal agencies to exercise their section 7(a)(1) responsibilities to carry out programs to conserve listed species. (2) Actions that would significantly reduce the availability of or accessibility to seasonal ranges. Such activities could include, but are not limited to, grazing, mining, and power line and road construction activities. These activities could degrade, reduce, fragment, or eliminate available foraging resources or alter current foraging activities of Peninsular bighorn sheep. (3) Actions that would result in the significant expansion of dense vegetation communities within Peninsular bighorn sheep habitat. Such activities could include, but are not limited to, fire suppression. These activities could allow expansion of vegetation cover such that movement patterns of bighorn sheep are altered by avoidance of these areas. Tall, dense vegetation decreases visibility for bighorn sheep and provides cover for predators such as the mountain lion, a common predator of Peninsular bighorn sheep. (4) Actions that would create significant barriers to movement. Such activities could include, but are not limited to, road construction, residential development, and resort or campground facility development or expansion. These activities could interfere with movement within and between habitats, thereby reducing the availability of habitat for foraging, watering, breeding, reproduction, sheltering, and rearing of offspring. These activities could also reduce opportunities for movement between existing populations, dispersal, and genetic interchange between ewe groups. (5) Actions that would significantly degrade habitat or cause a disturbance to Peninsular bighorn sheep. Such activities could include, but are not limited to, recreational activities, such as off-road vehicle use, hiking, camping, rock climbing, horseback riding, and outfitter guided activities. These activities could displace animals from foraging areas, water sources, and escape terrain, and could impact the quality and quantity of forage. VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57753 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules Exemptions and Exclusions Application of Section 4(b)(2) of the Act Section 4(b)(2) of the Act states that the Secretary must designate and revise critical habitat on the basis of the best available scientific data after taking into consideration the economic impact, impact on national security, and any other relevant impact of specifying any particular area as critical habitat. The Secretary may exclude an area from critical habitat if he determines that the benefits of such exclusion outweigh the benefits of specifying such area as part of the critical habitat, unless he determines, based on the best scientific data available, that the failure to designate such area as critical habitat will result in the extinction of the species. In making that determination, the legislative history is clear that the Secretary has broad discretion regarding which factor(s) to use and how much weight to give to any factor. Under section 4(b)(2) of the Act, in considering whether to exclude a particular area from the designation, we must identify the benefits of including the area in the designation, identify the benefits of excluding the area from the designation, and determine whether the benefits of exclusion outweigh the benefits of inclusion. If we consider an exclusion we must determine whether excluding the area would result in the extinction of the species. In the following sections, we address a number of general issues that are relevant to the exclusions we are considering. In addition, we are conducting an economic analysis of the impacts of the proposed critical habitat designation, which will be available for public review and comment when it is complete. Based on public comment on that document, the proposed designation itself, and the information in the final economic analysis, the Secretary may exclude from critical habitat additional areas beyond those identified in this assessment under the provisions of section 4(b)(2) of the Act. This is also addressed in our implementing regulations at 50 CFR 424.19. Benefits of Designating Critical Habitat The process of designating critical habitat as described in the Act requires that the Service identify those lands on which are found the physical or biological features essential to the conservation of the species that may require special management considerations or protection, and those areas outside the geographical area occupied by the species at the time of listing that are essential to the conservation of the species. In identifying those lands, the Service must consider the recovery needs of the species, such that, on the basis of the best scientific and commercial data available at the time of designation, the habitat that is identified, if managed, could provide for the survival and recovery of the species. The identification of those areas that are essential for the conservation of the species and can, if managed, provide for the recovery of a species is beneficial. The process of proposing and finalizing a critical habitat rule provides the Service with the opportunity to determine the features or PCEs essential for conservation of the species within the geographical area occupied by the species at the time of listing, as well as to determine other areas essential to the conservation of the species. The designation process includes peer review and public comment on the identified features and areas. This process is valuable to land owners and managers in developing conservation management plans for identified areas, as well as any other occupied habitat or suitable habitat that may not have been included in the Service’s determination of essential habitat. The consultation provisions under section 7(a) of the Act constitute the regulatory benefits of critical habitat. As discussed above, Federal agencies must consult with us on actions that may affect critical habitat and must avoid destroying or adversely modifying critical habitat. Federal agencies must also consult with us on actions that may affect a listed species and refrain from undertaking actions that are likely to jeopardize the continued existence of such species. The analysis of effects to critical habitat is a separate and different analysis from that of the effects to the species. Therefore, the difference in outcomes of these two analyses represents the regulatory benefit of critical habitat. For some species, and in some locations, the outcome of these analyses will be similar, because effects on habitat will often result in effects on the species. However, the regulatory standard is different: the jeopardy analysis looks at the action’s impact on survival and recovery of the species, while the adverse modification analysis looks at the action’s effects on the designated habitat’s contribution to the species’ conservation. This will, in many instances, lead to different results and different regulatory requirements. For 30 years prior to the Ninth Circuit’s decision in Gifford Pinchot, consistent with the 1986 regulations, we essentially combined the jeopardy standard with the standard for destruction or adverse modification of critical habitat when evaluating Federal actions that affected currently occupied critical habitat. However, the court of appeals ruled that the two standards are distinct and that adverse modification evaluations require consideration of impacts on species recovery. Thus, critical habitat designations may provide greater regulatory benefits to the recovery of a species than would listing alone. There are two limitations to the regulatory effect of critical 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. Second, the designation only limits destruction or adverse modification. By its nature, the prohibition on adverse modification is designed to ensure that the conservation role and function of those areas that contain the physical and biological features essential to the conservation of the species or of unoccupied areas that are essential to the conservation of the species is not appreciably reduced. Critical habitat designation alone, however, does not require property owners to undertake specific steps toward recovery of the species. Once an agency determines that consultation under section 7(a)(2) of the Act is necessary, the process may conclude informally when we concur in writing that the proposed Federal action is not likely to adversely affect critical habitat. However, if we determine through informal consultation that adverse impacts are likely to occur, then we would initiate formal consultation, which would conclude when we issue a biological opinion on whether the proposed Federal action is likely to result in destruction or adverse modification of critical habitat. 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. We suggest reasonable and prudent alternatives to the proposed Federal action only when our biological opinion results in an adverse modification conclusion. As stated above, the designation of critical habitat does not require that any management or recovery actions take VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57754 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules place on the lands included in the designation. Even in cases where consultation has been initiated under section 7(a)(2) of the Act, the end result of consultation is to avoid jeopardy to the species and/or adverse modification of its critical habitat, but not specifically to manage remaining lands or institute recovery actions on remaining lands. Conversely, voluntary conservation efforts implemented through management plans institute proactive actions over the lands they encompass and are put in place to remove or reduce known threats to a species or its habitat; therefore, implementing recovery actions. 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. The conservation achieved through implementing HCPs or other habitat management plans can be greater than what we achieve through multiple site-by-site, project-by-project, section 7(a)(2) consultations involving consideration of critical habitat. Management plans may commit resources to implement long-term management and protection to particular habitat for at least one and possibly additional listed or sensitive species. Section 7(a)(2) consultations commit Federal agencies to preventing adverse modification of critical habitat caused by the particular project only, and not to providing conservation or long-term benefits to areas not affected by the proposed project. Thus, implementation of any HCP or management plan that considers enhancement or recovery as the management standard may often provide as much or more benefit than a consultation for critical habitat designation. Another benefit of including lands in critical habitat is that designation of critical habitat serves to educate landowners, State and local governments, and the public regarding the potential conservation value of an area. This helps focus and promote conservation efforts by other parties by clearly delineating areas of high conservation value for the Peninsular bighorn sheep. In general, critical habitat designation always has educational benefits; however, in some cases, they may be redundant with other educational effects. For example, HCPs have significant public input and may largely duplicate the educational benefits of a critical habitat designation. Including lands in critical habitat also would inform State agencies and local governments about areas that could be conserved under State laws or local ordinances. Conservation Partnerships on Non- Federal Lands Most federally listed species in the United States will not recover without cooperation of non-Federal landowners. More than 60 percent of the United States is privately owned (National Wilderness Institute 1995, p. 2), and at least 80 percent of endangered or threatened species occur either partially or solely on private lands (Crouse et al. 2002, p. 720). Stein et al. (1995, p. 400) found that only about 12 percent of listed species were found almost exclusively on Federal lands (90 to 100 percent of their known occurrences restricted to Federal lands) and that 50 percent of federally listed species are not known to occur on Federal lands at all. Given the distribution of listed species with respect to land ownership, conservation of listed species in many parts of the United States is dependent upon working partnerships with a wide variety of entities and the voluntary cooperation of many non-Federal landowners (Wilcove and Chen 1998, p. 1407; Crouse et al. 2002, p. 720; James 2002, p. 271). Building partnerships and promoting voluntary cooperation of landowners are essential to our understanding the status of species on non-Federal lands, and necessary for us to implement recovery actions such as reintroducing listed species and restoring and protecting habitat. Many non-Federal landowners derive satisfaction from contributing to endangered species recovery. We promote these private-sector efforts through the Department of the Interior’s Cooperative Conservation philosophy. Conservation agreements with non- Federal landowners (HCPs, safe harbor agreements, other conservation agreements, easements, and State and local regulations) enhance species conservation by extending species protections beyond those available through section 7 consultations. In the past decade, we have encouraged non- Federal landowners to enter into conservation agreements, based on the view that we can achieve greater species conservation on non-Federal land through such partnerships than we can through regulatory methods (61 FR 63854; December 2, 1996). Many private landowners, however, are wary of the possible consequences of attracting endangered species to their property. Mounting evidence suggests that some regulatory actions by the Federal Government, while well- intentioned and required by law, can (under certain circumstances) have unintended negative consequences for the conservation of species on private lands (Wilcove et al. 1996, pp. 5–6; Bean 2002, pp. 2–3; Conner and Mathews 2002, pp. 1–2; James 2002, pp. 270–271; Koch 2002, pp. 2–3; Brook et al. 2003, pp. 1639–1643). Many landowners fear a decline in their property value due to real or perceived restrictions on land-use options where threatened or endangered species are found. Consequently, harboring endangered species is viewed by many landowners as a liability. This perception results in anti-conservation incentives because maintaining habitats that harbor endangered species represents a risk to future economic opportunities (Main et al. 1999, pp. 1264–1265; Brook et al. 2003, pp. 1644– 1648). 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. 1999, p. 1263; Bean 2002, p. 2; Brook et al. 2003, pp. 1644–1648). The magnitude of this outcome is greatly amplified in situations where active management measures (such as reintroduction, fire management, and control of invasive species) are necessary for species conservation (Bean 2002, pp. 3–4). We believe that the judicious use of excluding specific areas of non-federally owned lands from critical habitat designations can contribute to species recovery and provide a superior level of conservation than critical habitat alone. The purpose of designating critical habitat is to contribute to the conservation of threatened and endangered species and the ecosystems upon which they depend. 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. Thus the benefits of excluding areas that are covered by effective partnerships or other conservation commitments can often be high. Benefits of Excluding Lands With Approved Management Plans The benefits of excluding lands within approved long-term management plans (including HCPs) from critical habitat designation include relieving landowners, communities, and counties of any additional regulatory burden that VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57755 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules might be imposed by critical habitat. Many conservation plans provide conservation benefits not only to listed species, but to unlisted sensitive species as well, resulting in enhanced ecosystem management. Imposing an additional regulatory review as a result of the designation of critical habitat may undermine conservation efforts and partnerships in many areas. Designation of critical habitat within the boundaries of management plans that provide conservation measures for a species could be viewed as a disincentive to entities currently developing these plans or contemplating them in the future, because one of the incentives for undertaking conservation is greater ease of permitting where listed species will be affected. Addition of a new regulatory requirement would remove a significant incentive for undertaking the time and expense of management planning. A related benefit of excluding lands within management plans from critical habitat designation is the unhindered, continued ability it gives us to seek new partnerships with future plan participants, including States, counties, local jurisdictions, conservation organizations, and private landowners, which together can implement conservation actions that we would be unable to accomplish otherwise. Designating lands within approved management plan areas as critical habitat would likely have a negative effect on our ability to establish new partnerships to develop these plans, particularly plans that address landscape-level conservation of species and habitats. By preemptively excluding these lands, we preserve our current partnerships and encourage additional conservation actions in the future. Furthermore, both HCP and Natural Community 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. In addition, Federal actions occurring within the plan area that may affect listed species would still require consultation under section 7(a)(2) of the Act, and we would review these actions for possibly significant habitat modification, in accordance with the definition of harm referenced above. The information provided in the previous sections applies to all the following discussions of the benefits of inclusion and exclusion of critical habitat. Areas Considered For Exclusion Under Section 4(b)(2) of the Act We are proposing to exclude Tribal lands in Unit 1 in consideration of Secretarial Order 3206, ‘‘American Indian Tribal Rights, Federal Tribal Trust Responsibilities, and the Endangered Species Act’’ (June 5, 1997); the President’s memorandum of April 29, 1994, ‘‘‘‘Government-to-Government Relations with Native American Tribal Governments’’ (59 FR 22951); Executive Order 13175; and the relevant provision of the Departmental Manual of the Department of the Interior (512 DM 2). Furthermore, we are evaluating and considering the possible exclusion of private lands in Unit 1 and 2A, which are covered under the draft Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP), under section 4(b)(2) of the Act, and may exclude them from the final revised critical habitat designation for the Peninsular bighorn sheep. With regard to the draft Coachella Valley MSHCP plan area, we are only considering private lands for exclusion at this time, while also soliciting comment on the appropriateness of excluding CDFG and BLM lands as Memorandum of Understanding (MOU) partners to the MSHCP. We are considering the possible exclusion of the areas covered by the draft MSHCP because we believe when the plan is finalized that: (1) The lands’ value for conservation will be preserved for the foreseeable future by existing protective actions, and (2) They are appropriate for exclusion under the ‘‘other relevant factor’’ provisions of section 4(b)(2) of the Act. We specifically solicit comments on the inclusion or exclusion of these areas. In the paragraphs below, we provide a detailed analysis for consideration of exclusion of these lands under section 4(b)(2) of the Act. Proposed Exclusion of Agua Caliente Band of Cahuilla Indians Tribal Lands Under Section 4(b)(2) of the Act— American Indian Tribal Rights, Federal- Tribal Trust Responsibilities, and the Endangered Species Act In accordance with the Secretarial Order 3206, ‘‘American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act’’ (June 5, 1997); the President’s memorandum of April 29, 1994, ‘‘Government-to-Government Relations with Native American Tribal Governments’’ (59 FR 22951); Executive Order 13175; and the relevant provision of the Departmental Manual of the Department of the Interior (512 DM 2), we believe that fish, wildlife, and other natural resources on Tribal lands are better managed under Tribal authorities, policies, and programs than through Federal regulation wherever possible and practicable. Based on this philosophy, we believe that, in most cases, designation of tribal lands as critical habitat provides very little additional benefit to threatened and endangered species. Conversely, such designation is often viewed by tribes as unwarranted and an unwanted intrusion into tribal self governance, thus compromising the government-to- government relationship essential to achieving our mutual goals of managing for healthy ecosystems upon which the viability of threatened and endangered species populations depend. We have determined that approximately 4,512 ac (1,826 ha) of tribal land owned by the Agua Caliente Band of Cahuilla Indians are essential to the conservation of the Peninsular bighorn sheep, and are proposing to exclude these lands under section 4(b)(2) of the Act. In making our final decision with regard to these Tribal lands, we will be considering several factors including our relationship with the Tribe, the Tribe’s current management of Peninsular bighorn sheep habitat, and the Tribe’s ongoing cooperation with us in the development of the Agua Caliente Band of Cahuilla Indians Tribal Habitat Conservation Plan (Tribal HCP). The Agua Caliente Band of Cahuilla Indians highly values its wildlife and natural resources, and is charged to preserve and protect these resources under the Tribal Constitution. Consequently, the Tribe has long worked to manage the habitat of wildlife on its lands, including the habitat of endangered and threatened species. The Tribe currently implements a conservation strategy for the Peninsular bighorn sheep to protect and manage bighorn sheep habitat on Tribal lands (as set forth in the draft Tribal Habitat Conservation Plan adopted by the Tribe on or about November 11, 2002). This conservation strategy requires conservation of at least 85 percent of bighorn sheep habitat identified by the Tribe on Tribal lands and 100 percent of bighorn sheep use areas and habitat linkages identified by the Tribe on Tribal lands. These management measures provide a substantial conservation benefit to the subspecies. In addition, we are currently working with the Tribe to develop the first Tribal multiple-species HCP in the United States. Through this cooperative effort, the Tribe has demonstrated a sustained commitment to manage its lands in a VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57756 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules manner consistent with the subspecies’ conservation. We are currently processing the Tribe’s application for a section 10(a)(1)(B) permit based on a revised draft Tribal Habitat Conservation Plan (2007), and anticipate publishing a Notice of Availability for public review in the Federal Register in October 2007. The Tribal HCP area will cover approximately 36,720 ac (14,860 ha) of land, including approximately 4,512 ac (1,826 ha) in Unit 1. The Tribe’s goals for conservation of Peninsular bighorn sheep are: (1) Conserving habitat within the Tribal HCP plan area (PCE 1, 2, 3, 4, and 5); (2) maintaining connectivity, preventing fragmentation, and allowing movement within key linkage areas (PCE 1 and 4); and (3) adaptively managing habitat quality and subpopulations/ewe groups to alleviate threats in the Tribal HCP plan area (Tribal HCP 2007, p. 4–8). Conservation objectives of the draft Tribal HCP for Peninsular bighorn sheep include the following: (1) Ensure implementation of the Tribal HCP is consistent with the recovery plan (Service 2000); (2) conserve a minimum of 17,692 ac (7,160 ha) of habitat within the plan area; (3) conserve 100 percent of Use Areas (areas defined by the Tribal HCP to have high functional value); (4) conserve land necessary to maintain linkages/ connectivity; (5) minimize direct and indirect impacts from Covered Activities by ensuring implementation of development standards, including avoidance and minimization measures; (6) minimize impacts from recreational activities; (7) alleviate threat of disease transfer from livestock or nonnative wildlife; (8) monitor population size and mortality rates; (9) fund or undertake additional studies regarding this subspecies; (10) ensure management action thresholds are routinely assessed; (11) implement adaptive management; and (12) conserve habitat quality through plan implementation (Tribal HCP 2007, p. 4– 9). To aid in the public review of this proposed revised critical habitat, we are providing maps of the areas that we are proposing to exclude. Maps and GIS layers for areas proposed for exclusion are available from the Carlsbad Fish and Wildlife Office (see ADDRESSES) and on our Web site at http://www.fws.gov/ Carlsbad. The Benefits of Exclusion Outweigh the Benefits of Inclusion The general benefits of critical habitat described in the ‘‘Benefits of Critical Habitat Designation’’ section would apply to habitat designated on Tribal lands. Activities occurring on Tribal lands will generally involve a Federal nexus. However, as discussed above, the Tribe is aware of the value of Tribal lands to the conservation of the Peninsular bighorn sheep and currently implements management measures that contribute to the conservation of the subspecies and protect its essential habitat. Conservation measures will continue to be implemented by the Tribe regardless of whether the areas are designated as critical habitat. In light of this continued commitment by the Tribe to manage its lands in a manner that promotes the conservation of the Peninsular bighorn sheep, the designation of critical habitat would provide minimal additional benefit to the subspecies on these Tribal lands. The designation of critical habitat would be expected to adversely impact our working relationship with the Tribe and we believe that Federal regulation through critical habitat designation would be viewed as an unwarranted and unwanted intrusion into tribal natural resource programs. Our working relationship with the Tribe has been extremely beneficial in implementing natural resource programs of mutual interest. The benefits of excluding Agua Caliente Band of Cahuilla Indians Tribal lands from critical habitat include: (1) The advancement of our Federal Indian Trust obligations and our deference to tribal conservation and natural resource management plans for their lands and resources, which includes the Peninsular bighorn sheep and other Federal trust species; (2) the maintenance of effective working relationships to promote the conservation of the Peninsular bighorn sheep and its habitat; (3) the allowance for continued meaningful collaboration and cooperation on Peninsular bighorn sheep management and other resources of interest to the Federal government; and (4) the provision of conservation benefits to desert ecosystems and a host of species, including the Peninsular bighorn sheep and its habitat, that might not otherwise occur. We believe that the Tribe should be the governmental entity to manage and promote the conservation of the Peninsular bighorn sheep on its lands. We recognize and endorse the Tribe’s fundamental right to provide for tribal resource management activities, including those relating to Peninsular bighorn sheep. We have determined that the identified benefits of excluding the Tribal lands from the critical habitat designation outweigh the minimal benefits of inclusion, and are proposing to exclude approximately 4,512 ac (1,826 ha) of Tribal lands in Unit 1 from the final designation under section 4(b)(2) of the Act. Exclusion Will Not Result in Extinction of the Species We have determined that the exclusion of approximately 4,512 ac (1,826 ha) from the final designation of critical habitat for Peninsular bighorn sheep will not result in the extinction of the subspecies because the Tribe currently implements a conservation strategy for the Peninsular bighorn sheep that requires conservation of at least 85 percent of bighorn sheep habitat identified by the Tribe on Tribal lands and 100 percent of bighorn sheep use areas and habitat linkages identified by the Tribe on Tribal lands. In addition, working cooperatively with us, the Tribe has made substantial progress in developing its Tribal HCP. Through this cooperative effort, the Tribe has demonstrated a sustained commitment to manage its lands in a manner consistent with the subspecies’ conservation. Furthermore, the area proposed for exclusion is occupied by the Peninsular bighorn sheep, and the jeopardy standard of section 7 and routine implementation of conservation measures through the section 7 consultation process also provide assurances that the subspecies will not go extinct. The proposed exclusion of critical habitat leaves these protections unchanged from those that would exist if the proposed excluded areas were designated as critical habitat. Therefore, we have determined that the exclusion of the Tribal lands will not result in the extinction of the subspecies. Lands Covered by Management Plans— Exclusions Under Section 4(b)(2) of the Act When performing the required analysis under section 4(b)(2) of the Act, the existence of a management plan (HCPs as well as other types) that considers enhancement or recovery of listed species as its management standard is relevant to our weighing of the benefits of inclusion of a particular area in the critical habitat designation. In analyzing particular areas covered by management plans under section 4(b)(2) of the Act, we generally consider a number of factors including the following: (1) Whether the plan is complete and provides the same or better level of protection from adverse modification or destruction than that provided through a consultation under section 7(a)(2) of the Act; (2) Whether there is a reasonable expectation that the conservation management strategies and actions will VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57757 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules be implemented for the foreseeable future, based on past practices, written guidance, or regulations; and (3) Whether the plan provides conservation strategies and measures consistent with currently accepted principles of conservation biology. Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP) We believe that the Coachella Valley MSHCP, when implemented, will provide conservation strategies and measures consistent with the conservation of the Peninsular bighorn sheep. We are confident that the plan will be completed in the near future, and are considering the exclusion of non-Federal lands covered by the plan that provide for the conservation of the Peninsular bighorn sheep and its PCEs. We are requesting comments on the benefit to the Peninsular bighorn sheep and its PCEs from the conservation measures established by the Coachella Valley MSHCP. The draft MSHCP has been in development from the mid-1990s to present. The following entities signed an MOU (Planning Agreement) to govern the preparation of the MSHCP: the Coachella Valley Association of Governments (CVAG); Cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage; County of Riverside; Service; California Department of Fish and Game; BLM; U.S. Forest Service; and National Park Service. Subsequently, the California Department of Transportation, Coachella Valley Water District, Imperial Irrigation District, Riverside County Flood Control and Water Conservation District, Riverside County Regional Parks and Open Space District, Riverside County Waste Management District, California Department of Parks and Recreation, and Coachella Valley Mountains Conservancy decided to participate in preparation of the MSHCP. The parties later amended the Planning Agreement to also address the requirements of the Natural Community Conservation Planning (NCCP) Act and prepared an NCCP pursuant to California Fish and Game Code Section 2810. The Coachella Valley Association of Governments, Coachella Valley Conservation Commission, County of Riverside, Riverside County Flood Control and Water Conservation District, Riverside County Regional Parks and Open Space District, Riverside County Waste Resources Management District, City of Cathedral City, City of Coachella, City of Indian Wells, City of Indio, City of La Quinta, City of Palm Desert, City of Palm Springs, City of Rancho Mirage, Coachella Valley Water District, Imperial Irrigation District, Coachella Valley Mountains Conservancy, California Department of Transportation, and California Department of Parks and Recreation have submitted an application to the Service for a section 10(a)(1)(B) permit under the Act. The MSHCP area encompasses approximately 1.2 million ac (485,623 ha), of which 69,000 ac (27,923 ha) are Tribal lands and are not included in the MSHCP, leaving a total of approximately 1.1 million ac (445,154 ha) addressed by the MSHCP in Riverside County. BLM has been an official participant in the draft Coachella Valley MSHCP planning process and has committed, under their California Desert Conservation Area Plan Amendment (CDCAPA), 95 percent of their public land base within the conservation areas of the MSHCP to be managed consistent with the Coachella Valley MSHCP once it is completed. CVAG has demonstrated a sustained commitment to develop the MSHCP to comply with section 10(a)(1)(B) of the Act, the California Endangered Species Act, and the State’s NCCP program. On April 21, 2006, the Service published a notice of availability of the Final Environmental Impact Statement/ Environmental Impact Report (EIS/EIR) for the MSHCP (71 FR 20719). On March 30, 2007, the Service published a notice of availability of a supplement to the Final EIS for the MSHCP (72 FR 15148). The MSHCP adopted the Peninsular bighorn sheep habitat model described in the 2000 recovery plan for this subspecies (Service 2000). Accordingly, the MSHCP area includes 172,811 ac (69,934 ha) of modeled Peninsular bighorn sheep habitat. These 172,811 ac (69,934 ha) include the approximately 10,761 ac (4,354 ha) we are proposing in Unit 1 and the approximately 74,998 ac (30,350 ha) we are proposing in Unit 2A. The draft MSHCP proposes to ensure conservation of a minimum of 97 percent of all modeled habitat for Peninsular bighorn sheep as part of the preferred alternative reserve design that includes large areas of suitable habitat (CVAG 2007, p. 9–261). Approximately 78 percent of the proposed conserved modeled habitat are within Existing Conservation Lands and will be managed as part of the Reserve System (CVAG 2007, p. 9–261); the remaining 19 percent will also be conserved according to the draft MSHCP (CVAG 2007, p. 9–261). Conservation objectives of this draft MSHCP include: (1) Ensuring conservation of important habitat (PCE 1, 2, 3, 4, and 5); (2) ensuring connectivity by preventing fragmentation and maintaining biological corridors and linkages within essential habitat to allow dispersal, provide for population fluctuation, and enhance genetic diversity (PCE 1 and 4); and (3) ensuring conservation of habitat quality through biological monitoring and adaptive management (PCE 1, 2, 3, 4, and 5) (CVAG 2007, p. 9–261). According to the draft MSHCP, disturbance to Peninsular bighorn sheep with implementation of the plan is expected to be low because: (1) Conserved habitat areas are large enough to maintain self-sustaining populations of Peninsular bighorn sheep and incorporate key habitat elements for the subspecies; (2) implementation of the MSHCP is consistent with the recovery strategy delineated in the 2000 recovery plan; (3) implementation of the conservation objectives to protect habitat for this subspecies will provide connectivity; and (4) lands in the MSHCP reserve system would be managed and monitored to address significant edge effect problems, human disturbance, fragmentation, impacts from exotic species, and other stressors to Peninsular bighorn sheep (CVAG 2007, p. 9–261). Although not yet completed and implemented, CVAG has made significant progress in the development of its MSHCP to meet the requirements outlined in section 10(a)(1)(B) of the Act. In light of the Service’s confidence that CVAG will reach a successful conclusion to its MSHCP development process, we are evaluating and considering the possible exclusion of approximately 19,211 ac (7,774 ha) of private land within their preferred alternative reserve design from the final revised critical habitat designation for Peninsular bighorn sheep depending on the progress made on the draft MSHCP between now and the publication of the final rule. We are requesting comments on the benefits to the Peninsular bighorn sheep and its PCEs from the conservation measures established by the MSHCP. Included within the MSHCP plan area are BLM lands, outside of the Coachella Valley Preserve System, which we are soliciting comment on the appropriateness of excluding from the final revised critical habitat designation based on BLM’s official participation in the draft Coachella Valley MSHCP planning process and commitment under their CDCAPA to manage their lands consistent with the Coachella Valley MSHCP once it is completed. We are also soliciting comment on the appropriateness of excluding CDGF VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57758 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules lands within the MSHCP plan area based on their involvement with the Coachella Valley MSHCP. Provisions of the Coachella Valley MSHCP Specific to Peninsular Bighorn Sheep In general, we find that the benefits of critical habitat designation on lands within pending HCPs that cover those species are small, while the benefits of excluding such lands from designation of critical habitat are substantial. We are evaluating and considering the possible exclusion of approximately 19,211 ac (7,774 ha) of private land within CVAG’s MSHCP preferred alternative reserve design area from the designation of critical habitat. The evaluation process involves determining whether the benefits of excluding these lands from Units 1 and 2A outweigh the benefits of including these lands. We expect the PCEs required by Peninsular bighorn sheep to benefit by the conservation measures outlined in the MSHCP and as described above. In summary, these conservation measures include: Conservation of habitat and implementation of the MSHCP consistent with the recovery plan (Service 2000); preservation of essential habitat and connectivity; biological monitoring and adaptive management; and minimization of disturbance and edge effects. These specific conservation actions, avoidance and minimization measures, and management for Peninsular bighorn sheep and PCEs, if implemented, are expected to exceed any conservation value that could be provided as a result of regulatory protections afforded through a critical habitat designation. Designation of critical habitat alone does not achieve recovery or require management of those lands identified in the critical habitat rule. The exclusion of these lands that we are currently evaluating and considering for possible exclusion from the final critical habitat designation would help preserve the partnerships that we have developed with the local jurisdictions and project proponents in the development of the MSHCP. The benefits of excluding these lands from critical habitat, should the MSHCP be finalized and implemented, are expected to outweigh the minimal benefits of including these lands as critical habitat, including the educational benefits of critical habitat designation through informing the public of areas important for the long- term conservation of Peninsular bighorn sheep. Such educational benefits can still be accomplished from materials provided on our Internet website and through the overall designation process, including the notice and public comment period, which will occur whether or not these particular areas are designated. Economics We are preparing an analysis of the economic impacts of proposing revised critical habitat for the Peninsular bighorn sheep. We will announce the availability of the draft economic analysis as soon as it is completed, at which time we will seek public review and comment. At that time, copies of the draft economic analysis will be available for downloading from the Internet at http://carlsbad.fws.gov, or by contacting the Carlsbad Fish and Wildlife Office directly (see ADDRESSES). We may exclude areas from the final revised rule based on the information in the economic analysis. Peer Review In accordance with our joint policy published in the Federal Register on July 1, 1994 (59 FR 34270), we are requesting the expert opinions of at least three appropriate independent specialists regarding this proposed rule. The purpose of peer review is to ensure that our proposed revised critical habitat designation is based on scientifically sound data, assumptions, and analyses. We have invited these peer reviewers to comment during this public comment period on our specific assumptions and conclusions in this proposed revision of critical habitat. We will consider all comments and information we receive during this comment period on this proposed revised critical habitat rule during our preparation of a final determination. Accordingly, our final decision may differ from this proposal. Public Hearings The Act provides for one or more public hearings on this proposal, if we receive any request for hearings. We must receive your request for a public hearing within 45 days after the date of publication in the Federal Register. Send your request to the person named in FOR FURTHER INFORMATION CONTACT. We will schedule public hearings on this proposal, if any are requested, and announce the dates, times, and places of those hearings, as well as how to obtain reasonable accommodations, in the Federal Register and local newspapers at least 15 days before the first hearing. Required Determinations Regulatory Planning and Review In accordance with Executive Order (E.O.) 12866, this document is a significant rule in that it may raise novel legal and policy issues. However, based on information available from the previous designation, we do not anticipated that it will have an annual effect on the economy of $100 million or more or to affect the economy in a material way. To determine the economic consequences of designating the specific area as critical habitat, we are preparing a draft economic analysis of this proposed action, which will be available for public comment. This economic analysis also will be used to determine compliance with E.O. 12866, the Regulatory Flexibility Act, the Small Business Regulatory Enforcement Fairness Act, E.O. 12630, and E.O. 13211. Further, E.O. 12866 directs Federal agencies promulgating regulations to evaluate regulatory alternatives (OMB Circular A–4, September 17, 2003). Under Circular A–4, once an agency determines that the Federal regulatory action is appropriate, the agency must consider alternative regulatory approaches. Because the determination of critical habitat is a statutory requirement under the Act, we must evaluate alternative regulatory approaches, where feasible, when promulgating a designation of critical habitat. 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. Based on the discretion allowable under this provision, we may exclude any particular area from the designation of critical habitat providing that the benefits of such exclusion outweigh the benefits of specifying the area as critical habitat and that such exclusion would not result in the extinction of the species. As such, we believe that the evaluation of the inclusion or exclusion of particular areas, or a combination of both, constitutes our regulatory alternative analysis for designations. We will announce the availability of the draft economic analysis in the Federal Register and in local newspapers so that it is available for public review and comments. At that time, the draft economic analysis will also be available on the Internet at http://carlsbad.fws.gov, or by contacting the Carlsbad Fish and Wildlife Office directly (see ADDRESSES). Regulatory Flexibility Act (5 U.S.C. 601 et seq.) Under the Regulatory Flexibility Act (RFA: 5 U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996), whenever an agency must VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57759 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effects of the rule on small entities (small businesses, small organizations, and small government jurisdictions). However, no regulatory flexibility analysis is required if the head of the agency certifies the rule will not have a significant economic impact on a substantial number of small entities. SBREFA amended RFA to require Federal agencies to provide a statement of the factual basis for certifying that the rule will not have a significant economic impact on a substantial number of small entities. At this time, we lack the available economic information necessary to provide an adequate factual basis for the required RFA finding. Therefore, we defer the RFA finding until completion of the draft economic analysis prepared under section 4(b)(2) of the Act and E.O. 12866. This draft economic analysis will provide the required factual basis for the RFA finding. Upon completion of the draft economic analysis, we will announce availability of the draft economic analysis of the proposed revised designation in the Federal Register and reopen the public comment period for the proposed revised designation. We will include with this announcement, as appropriate, an initial regulatory flexibility analysis or a certification that the rule will not have a significant economic impact on a substantial number of small entities accompanied by the factual basis for that determination. We have concluded that deferring the RFA finding until completion of the draft economic analysis is necessary to meet the purposes and requirements of the RFA. Deferring the RFA finding in this manner will ensure that we make a sufficiently informed determination based on adequate economic information and provide the necessary opportunity for public comment. Unfunded Mandates Reform Act In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.), we make the following findings: (a) This proposed rule will not produce a Federal mandate. In general, a Federal mandate is a provision in legislation, statute, or regulation that would impose an enforceable duty upon State, local, or Tribal governments, or the private sector, and includes both ‘‘Federal intergovernmental mandates’’ and ‘‘Federal private sector mandates.’’ These terms are defined in 2 U.S.C. 658(5)–(7). ‘‘Federal intergovernmental mandate’’ includes a regulation that ‘‘would impose an enforceable duty upon State, local, or Tribal governments’’ with two exceptions. It excludes ‘‘a condition of Federal assistance.’’ It also excludes ‘‘a duty arising from participation in a voluntary Federal program,’’ unless the regulation ‘‘relates to a then-existing Federal program under which $500,000,000 or more is provided annually to State, local, and Tribal governments under entitlement authority,’’ if the provision would ‘‘increase the stringency of conditions of assistance’’ or ‘‘place caps upon, or otherwise decrease, the Federal Government’s responsibility to provide funding,’’ and the State, local, or Tribal governments ‘‘lack authority’’ to adjust accordingly. At the time of enactment, these entitlement programs were: Medicaid; AFDC work programs; Child Nutrition; Food Stamps; Social Services Block Grants; Vocational Rehabilitation State Grants; Foster Care, Adoption Assistance, and Independent Living; Family Support Welfare Services; and Child Support Enforcement. ‘‘Federal private sector mandate’’ includes a regulation that ‘‘would impose an enforceable duty upon the private sector, except (i) a condition of Federal assistance or (ii) a duty arising from participation in a voluntary Federal program.’’ The designation of critical habitat does not impose a legally binding duty on non-Federal Government entities or private parties. Under the Act, the only regulatory effect is that Federal agencies must ensure that their actions do not destroy or adversely modify critical habitat under section 7. While non- Federal entities that receive Federal funding, assistance, or permits, or that otherwise require approval or authorization from a Federal agency for an action may be indirectly impacted by the designation of critical habitat, the legally binding duty to avoid destruction or adverse modification of critical habitat rests squarely on the Federal agency. Furthermore, to the extent that non-Federal entities are indirectly impacted because they receive Federal assistance or participate in a voluntary Federal aid program, the Unfunded Mandates Reform Act would not apply, nor would critical habitat shift the costs of the large entitlement programs listed above onto State governments. (b) Due to current public knowledge of the subspecies’ protection, the prohibition against take of the subspecies both within and outside of the areas proposed in this rule for designation and the fact that the vast majority of the areas proposed in this rule are currently designated as critical habitat, we do not believe that this proposed rule will significantly or uniquely affect small governments. Therefore, a Small Government Agency Plan is not required. However, as we conduct our economic analysis, we will further evaluate this issue and revise this assessment if appropriate. Takings In accordance with E.O. 12630 (Government Actions and Interference with Constitutionally Protected Private Property Rights), we have analyzed the potential takings implications of designating revised critical habitat for the Peninsular bighorn sheep in a takings implications assessment. The takings implications assessment concludes that this proposed revised designation of critical habitat for the Peninsular bighorn sheep does not pose significant takings implications for lands within or affected by the designation. Federalism In accordance with E.O. 13132 (Federalism), this proposed rule does not have significant Federalism effects. A Federalism assessment is not required. In keeping with Department of the Interior and Department of Commerce policy, we requested information from, and coordinated development of, this proposed revised critical habitat designation with appropriate State resource agencies in California. Critical habitat is already designated for the Peninsular bighorn sheep. If finalized, this proposal to revise the designated critical habitat will result in a significant decrease in the area designated. Thus, the designation of revised critical habitat for the Peninsular bighorn sheep would not impose any additional regulatory restrictions to those currently in place and, therefore, has little incremental impact on State and local governments and their activities. The designation may have some benefit to these governments because the areas that contain the features essential to the conservation of the subspecies are more clearly defined, and the PCEs of the habitat necessary to the conservation of the subspecies are specifically identified. This information does not alter where and what federally sponsored activities may occur. However, it may assist local governments in long-range planning (rather than having them wait for case- by-case section 7 consultations to occur). VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57760 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules Civil Justice Reform In accordance with E.O. 12988 (Civil Justice Reform), the Office of the Solicitor has determined that this proposed rule does not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of the Order. We have proposed revised critical habitat in accordance with the provisions of the Act. This proposed rule uses standard property descriptions and identifies the PCEs within the areas proposed for designation to assist the public in understanding the habitat needs of the Peninsular bighorn sheep. Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) This proposed rule does not contain any new collections of information that require approval by OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This rule will not impose recordkeeping or reporting requirements on State or local governments, individuals, businesses, or organizations. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et. seq.) It is our position that, outside the jurisdiction of the Circuit Court of the United States for the Tenth Circuit, we do not need to prepare environmental analyses as defined by NEPA (42 U.S.C. 4321 et seq.) in connection with designating critical habitat under the Act. We published a notice outlining our reasons for this determination in the Federal Register on October 25, 1983 (48 FR 49244). This assertion was upheld by the Circuit Court of the United States for the Ninth Circuit Court (Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. Ore. 1995), cert. denied 116 S. Ct. 698 (1996)). Clarity of the Rule We are required by Executive Orders 12866 and 12988 and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must: (a) Be logically organized; (b) Use the active voice to address readers directly; (c) Use clear language rather than jargon; (d) Be divided into short sections and sentences; and (e) Use lists and tables wherever possible. If you feel that we have not met these requirements, send us comments by one of the methods listed in the ADDRESSES section. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that are unclearly written, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc. Government-to-Government Relationship With Tribes In accordance with the President’s memorandum of April 29, 1994, Government-to-Government Relations with Native American Tribal Governments’ (59 FR 22951), E.O. 13175, and the Department of the Interior’s manual at 512 DM 2, we readily acknowledge our responsibility to communicate meaningfully with recognized Federal Tribes on a government-to-government basis. In accordance with Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act), we readily acknowledge our responsibilities to work directly with Tribes in developing programs for healthy ecosystems, to acknowledge that tribal lands are not subject to the same controls as Federal public lands, to remain sensitive to Indian culture, and to make information available to Tribes. We have identified Tribal lands that meet the definition of critical habitat for the Peninsular bighorn sheep, and have included them in this proposal. However, we are proposing to exclude all Tribal lands from the final critical habitat designation under section 4(b)(2) of the Act (see ‘‘Proposed Exclusion of Agua Caliente Band of Cahuilla Indians Tribal Lands Under Section 4(b)(2) of the Act’’ for a detailed discussion). We will continue to coordinate with the Tribe during the designation process. Energy Supply, Distribution, or Use On May 18, 2001, the President issued an Executive Order (E.O. 13211; Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use) on regulations that significantly affect energy supply, distribution, and use. E.O. 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. While this proposed rule to designate revised critical habitat for the Peninsular bighorn sheep is a significant regulatory action under E.O. 12866 in that it may raise novel legal and policy issues, we do not expect it to significantly affect energy supplies, distribution, or use. Therefore, this action is not a significant energy action, and no Statement of Energy Effects is required. However, we will further evaluate this issue as we conduct our economic analysis, and review and revise this assessment as warranted. References Cited A complete list of all references cited in this rulemaking is available upon request from the Field Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES). Author The primary author of this package is Justin Shoemaker of the Carlsbad Fish and Wildlife Office. List of Subjects in 50 CFR Part 17 Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. Proposed Regulation Promulgation Accordingly, we propose to amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below: PART 17—[AMENDED] 1. The authority citation for part 17 continues to read as follows: Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500; unless otherwise noted. 2. In §17.11(h), revise the entry for ‘‘Sheep, bighorn’’ under ‘‘MAMMALS’’ in the List of Endangered and Threatened Wildlife to read as follows: §17.11 Endangered and threatened wildlife. * * * * * (h) * * * VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57761 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules Species Historic range Vertebrate popu- lation where endan- gered or threatened Status When listed Critical habitat Special rules Common name Scientific name MAMMALS ******* Sheep, Peninsular bighorn. Ovis canadensis nelsoni. U.S.A. (western conterminous States), Canada (south-western), Mexico (northern). U.S.A. (CA) Penin- sular Ranges. E 634 17.95(a) NA. ******* 3. In §17.95(a), revise the entry for Bighorn Sheep (Peninsular Ranges)(Ovis canadensis) to read as follows: §17.95 Critical habitat—fish and wildlife. (a) Mammals. * * * * * Bighorn Sheep (Peninsular Ranges) (Ovis canadensis nelsoni) (1) Critical habitat units are depicted for Riverside, San Diego, and Imperial Counties, California, on the maps below. (2) The primary constituent elements of critical habitat for the Peninsular bighorn sheep are: (i) Moderate to steep, open slopes (20 to 60 percent) and canyons, with canopy cover of 30 percent or less (below 4,600 feet (1,402 meters) elevation in the Peninsular Ranges) that provide space for sheltering, predator detection, rearing of young, foraging and watering, mating, and movement within and between ewe groups. (ii) Presence of a variety of forage plants, indicated by the presence of shrubs (e.g., Ambrosia spp., Caesalpinia spp., Hyptis spp., Sphaeralcea spp., Simmondsia spp.), that provide a primary food source year round, grasses (e.g., Aristida spp., Bromus spp.) and cacti (e.g., Opuntia spp.) that provide a source of forage in the fall, and forbs (e.g., Plantago spp., Ditaxis spp.) that provide a source of forage in the spring. (iii) Steep, rugged, slopes (60 percent slope or greater) (below 4,600 feet (1,402 meters) elevation in the Peninsular Ranges) that provide secluded space for lambing as well as terrain for predator evasion. (iv) Alluvial fans, washes, and valley bottoms that provide important foraging areas where nutritious and digestible plants can be more readily found during times of drought and lactation and that provide and maintain habitat connectivity by serving as travel routes between and within ewe groups, adjacent mountain ranges, and important resources areas, such as foraging areas and escape terrain. (v) Intermittent and permanent water sources that are available during extended dry periods and that provide relatively nutritious plants and drinking water. (3) Critical habitat does not include manmade structures (such as buildings, aqueducts, roads, and other paved areas) and the land on which they are located existing within the legal boundaries on the effective date of this rule. (4) Critical habitat map units. Data layers defining map units were created on a base of USGS 1:24,000 maps, and critical habitat units were then mapped using Universal Transverse Mercator (UTM) coordinates. (5) Note: Index map of critical habitat units for the Peninsular bighorn sheep (Map 1) follows: BILLING CODE 4310–55–P VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57762 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules BILLING CODE 4310–55–C VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2 EP10OC07.000</GPH>pwalker on PROD1PC71 with PROPOSALS2 57763 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules (6) Unit 1: San Jacinto Mountains, Riverside County, California. (i) From USGS 1:24,000 quadrangles Desert Hot Springs, Palm Springs, and San Jacinto Peak, and White Water. Land bounded by the following Universal Transverse Mercator (UTM) North American Datum of 1927 (NAD27) coordinates (E, N): 534134, 3750021; 534465, 3749681; 534495, 3749651; 534495, 3749651; 534495, 3749651; 534495, 3749651; 534572, 3749621; 534997, 3749456; 534792, 3749102; 534885, 3748934; 535128, 3748785; 535310, 3748807; 535426, 3748822; 535471, 3748798; 535663, 3748697; 535706, 3748674; 535706, 3748652; 535713, 3748654; 535739, 3748650; 535777, 3748637; 535816, 3748627; 535834, 3748623; 535944, 3748624; 535999, 3748624; 536000, 3748624; 536000, 3748624; 536056, 3748624; 536056, 3748656; 536499, 3748909; 536927, 3749153; 537308, 3748794; 538009, 3748134; 538064, 3748082; 538535, 3747726; 538535, 3747703; 538566, 3747702; 538901, 3747449; 539106, 3747293; 539235, 3746550; 539240, 3746463; 539240, 3746455; 539254, 3746181; 539088, 3745848; 539244, 3745133; 539265, 3745144; 539562, 3745200; 539802, 3745192; 540194, 3745168; 540512, 3745097; 540512, 3744900; 540511, 3744851; 540512, 3744847; 540521, 3744847; 540607, 3744847; 540817, 3744847; 540900, 3744846; 540900, 3744846; 540900, 3744800; 540900, 3744700; 540900, 3744600; 540900, 3744500; 540900, 3744400; 540800, 3744400; 540800, 3744300; 540700, 3744300; 540600, 3744300; 540600, 3744200; 540511, 3744200; 540504, 3744200; 540500, 3744200; 540500, 3744100; 540503, 3744100; 540511, 3744100; 540600, 3744100; 540600, 3744000; 540600, 3743900; 540700, 3743900; 540700, 3743800; 540700, 3743700; 540800, 3743700; 540800, 3743600; 540800, 3743500; 540885, 3743501; 540883, 3743342; 540906, 3743287; 541006, 3743322; 541083, 3743355; 541120, 3743355; 541171, 3743337; 541299, 3743351; 541300, 3743300; 541300, 3743238; 541300, 3743231; 541300, 3743200; 541321, 3743200; 541321, 3743196; 541330, 3743175; 541340, 3743160; 541342, 3743145; 541344, 3743138; 541348, 3743132; 541353, 3743127; 541356, 3743122; 541362, 3743116; 541368, 3743111; 541371, 3743107; 541376, 3743098; 541377, 3743095; 541379, 3743089; 541378, 3743082; 541380, 3743075; 541381, 3743070; 541384, 3743064; 541388, 3743060; 541395, 3743053; 541403, 3743047; 541413, 3743043; 541417, 3743039; 541425, 3743032; 541431, 3743027; 541436, 3743021; 541441, 3743015; 541446, 3743006; 541451, 3742997; 541455, 3742984; 541464, 3742970; 541466, 3742965; 541471, 3742960; 541477, 3742957; 541484, 3742953; 541494, 3742952; 541501, 3742951; 541508, 3742951; 541523, 3742951; 541527, 3742951; 541532, 3742952; 541539, 3742952; 541547, 3742951; 541555, 3742952; 541559, 3742952; 541562, 3742951; 541571, 3742947; 541581, 3742942; 541589, 3742939; 541594, 3742933; 541600, 3742929; 541607, 3742925; 541616, 3742918; 541624, 3742914; 541633, 3742910; 541640, 3742907; 541651, 3742905; 541659, 3742905; 541659, 3742904; 541653, 3742806; 541679, 3742804; 541670, 3742734; 541637, 3742740; 541625, 3742693; 541648, 3742693; 541662, 3742659; 541682, 3742612; 541683, 3742557; 541683, 3742510; 541683, 3742508; 541670, 3742508; 541661, 3742507; 541661, 3742507; 541661, 3742554; 541615, 3742554; 541616, 3742507; 541598, 3742507; 541598, 3742517; 541517, 3742516; 541476, 3742516; 541436, 3742516; 541411, 3742516; 541400, 3742516; 541395, 3742516; 541377, 3742516; 541376, 3742507; 541385, 3742432; 541375, 3742432; 541375, 3742390; 541374, 3742350; 541368, 3742344; 541374, 3742328; 541354, 3742228; 541329, 3742228; 541330, 3742217; 541331, 3742061; 541331, 3742036; 541331, 3742016; 541332, 3741932; 541340, 3741932; 541369, 3741932; 541369, 3741922; 541370, 3741805; 541370, 3741803; 541370, 3741745; 541357, 3741745; 541334, 3741730; 541294, 3741729; 541261, 3741729; 541261, 3741677; 541271, 3741677; 541271, 3741641; 541271, 3741640; 541271, 3741640; 541271, 3741632; 541126, 3741630; 541100, 3741630; 541100, 3741600; 541100, 3741500; 541100, 3741400; 541100, 3741281; 541176, 3741283; 541189, 3741189; 541192, 3741167; 541203, 3741100; 541300, 3741100; 541400, 3741100; 541500, 3741100; 541600, 3741100; 541600, 3741000; 541600, 3740900; 541600, 3740800; 541600, 3740700; 541600, 3740600; 541653, 3740533; 541700, 3740495; 541700, 3740400; 541800, 3740400; 541900, 3740400; 541934, 3740399; 541935, 3740284; 542001, 3740285; 542000, 3740200; 542000, 3740135; 541936, 3740129; 541942, 3740080; 541965, 3740053; 541966, 3740025; 541939, 3740025; 541815, 3740026; 541744, 3740027; 541718, 3740027; 541660, 3740028; 541660, 3740023; 541656, 3739951; 541628, 3739931; 541607, 3739915; 541605, 3739900; 541600, 3739900; 541600, 3739876; 541596, 3739853; 541587, 3739805; 541586, 3739800; 541584, 3739767; 541582, 3739736; 541584, 3739712; 541586, 3739702; 541584, 3739694; 541585, 3739694; 541586, 3739694; 541586, 3739694; 541587, 3739693; 541587, 3739693; 541587, 3739693; 541588, 3739693; 541588, 3739692; 541588, 3739692; 541589, 3739692; 541589, 3739692; 541589, 3739691; 541589, 3739691; 541590, 3739691; 541590, 3739690; 541590, 3739690; 541590, 3739689; 541590, 3739689; 541591, 3739689; 541591, 3739688; 541591, 3739688; 541591, 3739687; 541591, 3739687; 541591, 3739686; 541591, 3739686; 541590, 3739675; 541587, 3739630; 541587, 3739629; 541587, 3739629; 541587, 3739628; 541587, 3739628; 541587, 3739627; 541587, 3739627; 541587, 3739626; 541587, 3739626; 541587, 3739625; 541587, 3739625; 541587, 3739624; 541588, 3739624; 541588, 3739623; 541588, 3739623; 541588, 3739623; 541588, 3739622; 541589, 3739622; 541589, 3739621; 541589, 3739621; 541589, 3739621; 541590, 3739620; 541590, 3739620; 541590, 3739620; 541591, 3739619; 541591, 3739619; 541591, 3739619; 541592, 3739618; 541592, 3739618; 541592, 3739618; 541593, 3739618; 541593, 3739618; 541593, 3739617; 541594, 3739617; 541594, 3739617; 541595, 3739617; 541595, 3739616; 541596, 3739616; 541596, 3739616; 541596, 3739616; 541597, 3739616; 541597, 3739616; 541598, 3739616; 541598, 3739616; 541600, 3739615; 541600, 3739613; 541563, 3739614; 541552, 3739562; 541589, 3739529; 541590, 3739528; 541608, 3739475; 541612, 3739464; 541663, 3739439; 541692, 3739425; 541695, 3739423; 541700, 3739418; 541700, 3739400; 541716, 3739400; 541731, 3739383; 541733, 3739381; 541755, 3739364; 541790, 3739336; 541792, 3739334; 541800, 3739324; 541800, 3739300; 541700, 3739300; 541700, 3739296; 541644, 3739296; 541644, 3739061; 541644, 3738884; 541866, 3738884; 541933, 3738882; 541933, 3738883; 541952, 3738884; 541952, 3738835; 541969, 3738835; 541969, 3738764; 541969, 3738731; 541969, 3738713; 541969, 3738680; 541976, 3738680; 541951, 3738614; 541948, 3738608; 541944, 3738600; 541900, 3738600; 541900, 3738500; 541900, 3738419; 541900, 3738415; 541900, 3738400; 542000, 3738400; 542000, 3738300; 542000, 3738200; 542000, 3738100; 541900, 3738100; 541900, 3738000; 541900, 3737900; 541900, 3737800; 541800, 3737800; 541800, 3737700; 541800, 3737600; 541800, 3737500; 541800, VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57764 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules 3737400; 541800, 3737300; 541800, 3737200; 541800, 3737100; 541800, 3737000; 541654, 3736803; 541356, 3736400; 540393, 3735196; 540363, 3735192; 540248, 3735176; 540154, 3735163; 539396, 3735059; 539294, 3735160; 539283, 3735171; 539017, 3735437; 538757, 3735957; 538752, 3735967; 538746, 3735980; 538742, 3735987; 538295, 3736400; 538230, 3736767; 538230, 3736770; 538226, 3736793; 538192, 3736985; 538020, 3738154; 538050, 3738381; 538054, 3738413; 538089, 3738670; 538554, 3740001; 538562, 3740021; 538570, 3740046; 538536, 3741559; 538504, 3741614; 538492, 3741634; 538054, 3742384; 537372, 3743203; 537372, 3743212; 537364, 3743212; 537345, 3743236; 537276, 3743318; 537194, 3743416; 536728, 3743936; 536656, 3744024; 536634, 3744087; 536100, 3744346; 535828, 3744823; 535817, 3744844; 535732, 3744992; 535666, 3745108; 535665, 3745109; 535413, 3745553; 535253, 3746458; 535247, 3746495; 534970, 3746845; 534866, 3746975; 534865, 3746975; 534176, 3746882; 534115, 3746840; 534063, 3746805; 533524, 3746435; 531977, 3746795; 531267, 3747050; 530862, 3747228; 530502, 3747386; 530397, 3748001; 530372, 3748150; 530502, 3749549; 530595, 3749599; 530839, 3749730; 531024, 3749829; 531605, 3749724; 531646, 3749716; 531687, 3749709; 531689, 3749708; 531720, 3749703; 531721, 3749703; 531721, 3749703; 531733, 3749728; 531811, 3749890; 532087, 3750462; 532854, 3750401; 533216, 3750372; 533936, 3750224; 534059, 3750098; thence returning to 534134, 3750021. (ii) Note: Map of Unit 1, San Jacinto Mountains (Map 2) follows: BILLING CODE 4310–55–P VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57765 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules BILLING CODE 4310–55–C VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2 EP10OC07.001</GPH>pwalker on PROD1PC71 with PROPOSALS2 57766 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules (7) Unit 2A: North Santa Rosa Moutains, Riverside County, California. (i) From USGS 1:24,000 quadrangles Cathedral City, Clark Lake NE, La Quinta, Martinez Mountain, Palm Springs, Palm View Peak, Rabbit Peak, Rancho Mirage, Toro Peak, and Valerie. Land bounded by the following Universal Transverse Mercator (UTM) North American Datum of 1927 (NAD27) coordinates (E, N): 548200, 3735505; 548200, 3735500; 548211, 3735500; 548229, 3735493; 548242, 3735488; 548253, 3735483; 548278, 3735474; 548285, 3735471; 548300, 3735465; 548300, 3735400; 548400, 3735400; 548500, 3735400; 548500, 3735480; 548515, 3735478; 548523, 3735478; 548560, 3735481; 548580, 3735488; 548591, 3735491; 548607, 3735496; 548608, 3735496; 548608, 3735496; 548644, 3735490; 548659, 3735497; 548673, 3735503; 548690, 3735520; 548716, 3735546; 548720, 3735550; 548736, 3735569; 548768, 3735606; 548773, 3735615; 548783, 3735631; 548778, 3735657; 548778, 3735659; 548799, 3735678; 548821, 3735687; 548825, 3735689; 548844, 3735682; 548868, 3735674; 548874, 3735672; 548890, 3735664; 548892, 3735663; 548909, 3735654; 548955, 3735628; 549021, 3735590; 549038, 3735580; 549075, 3735551; 549085, 3735544; 549101, 3735534; 549131, 3735513; 549131, 3735526; 549125, 3735553; 549111, 3735581; 549105, 3735594; 549077, 3735654; 549074, 3735660; 549074, 3735680; 549089, 3735687; 549102, 3735682; 549097, 3735720; 549094, 3735745; 549093, 3735749; 549102, 3735757; 549132, 3735749; 549145, 3735755; 549157, 3735754; 549169, 3735738; 549180, 3735744; 549175, 3735804; 549186, 3735810; 549195, 3735817; 549205, 3735819; 549238, 3735827; 549245, 3735846; 549250, 3735853; 549251, 3735854; 549278, 3735863; 549285, 3735868; 549280, 3735880; 549283, 3735883; 549285, 3735886; 549307, 3735894; 549331, 3735897; 549350, 3735888; 549369, 3735874; 549387, 3735876; 549392, 3735881; 549418, 3735882; 549440, 3735896; 549472, 3735885; 549482, 3735882; 549484, 3735894; 549462, 3735909; 549457, 3735936; 549469, 3735963; 549475, 3735976; 549488, 3735971; 549491, 3735983; 549476, 3736004; 549481, 3736011; 549496, 3736013; 549480, 3736033; 549471, 3736057; 549476, 3736063; 549495, 3736054; 549524, 3736058; 549532, 3736058; 549543, 3736072; 549566, 3736077; 549559, 3736095; 549544, 3736095; 549536, 3736099; 549533, 3736119; 549533, 3736122; 549534, 3736122; 549535, 3736125; 549536, 3736127; 549538, 3736129; 549540, 3736131; 549542, 3736134; 549544, 3736136; 549545, 3736138; 549545, 3736139; 549545, 3736142; 549545, 3736143; 549543, 3736147; 549540, 3736154; 549532, 3736170; 549540, 3736182; 549548, 3736181; 549550, 3736180; 549552, 3736180; 549554, 3736181; 549556, 3736181; 549558, 3736182; 549560, 3736183; 549562, 3736184; 549563, 3736186; 549564, 3736187; 549565, 3736189; 549566, 3736190; 549566, 3736193; 549566, 3736194; 549566, 3736195; 549566, 3736198; 549566, 3736208; 549565, 3736223; 549565, 3736226; 549565, 3736230; 549567, 3736233; 549568, 3736235; 549571, 3736237; 549573, 3736239; 549579, 3736240; 549587, 3736243; 549612, 3736250; 549636, 3736257; 549656, 3736252; 549662, 3736252; 549670, 3736252; 549686, 3736237; 549699, 3736225; 549708, 3736216; 549711, 3736214; 549715, 3736211; 549718, 3736209; 549722, 3736208; 549725, 3736207; 549729, 3736207; 549733, 3736208; 549738, 3736209; 549742, 3736211; 549761, 3736197; 549759, 3736139; 549767, 3736122; 549786, 3736105; 549767, 3736083; 549769, 3736079; 549756, 3736075; 549727, 3736047; 549720, 3736025; 549719, 3736021; 549712, 3736002; 549700, 3735923; 549700, 3735922; 549700, 3735920; 549700, 3735919; 549700, 3735918; 549700, 3735917; 549700, 3735916; 549700, 3735915; 549700, 3735914; 549701, 3735913; 549701, 3735912; 549701, 3735911; 549701, 3735910; 549702, 3735909; 549702, 3735908; 549702, 3735907; 549703, 3735906; 549703, 3735905; 549704, 3735904; 549704, 3735903; 549705, 3735902; 549705, 3735901; 549706, 3735900; 549707, 3735900; 549707, 3735899; 549708, 3735898; 549709, 3735897; 549709, 3735896; 549710, 3735896; 549711, 3735895; 549712, 3735894; 549713, 3735894; 549714, 3735893; 549714, 3735893; 549715, 3735892; 549743, 3735876; 549745, 3735880; 549781, 3735853; 549789, 3735826; 549791, 3735825; 549791, 3735824; 549791, 3735824; 549791, 3735823; 549791, 3735822; 549791, 3735821; 549791, 3735821; 549791, 3735820; 549791, 3735819; 549791, 3735818; 549791, 3735818; 549791, 3735817; 549792, 3735816; 549792, 3735815; 549792, 3735815; 549793, 3735814; 549793, 3735813; 549794, 3735812; 549795, 3735812; 549795, 3735811; 549796, 3735811; 549796, 3735810; 549797, 3735810; 549798, 3735809; 549799, 3735809; 549800, 3735808; 549800, 3735800; 549800, 3735800; 549796, 3735781; 549806, 3735744; 549822, 3735720; 549826, 3735715; 549829, 3735715; 549829, 3735714; 549829, 3735713; 549829, 3735712; 549829, 3735712; 549829, 3735711; 549829, 3735710; 549830, 3735709; 549830, 3735709; 549830, 3735708; 549831, 3735707; 549831, 3735706; 549832, 3735706; 549832, 3735705; 549833, 3735704; 549834, 3735704; 549834, 3735703; 549835, 3735703; 549836, 3735702; 549837, 3735702; 549837, 3735701; 549824, 3735668; 549838, 3735639; 549839, 3735612; 549849, 3735609; 549848, 3735608; 549848, 3735608; 549848, 3735607; 549848, 3735606; 549848, 3735605; 549848, 3735605; 549848, 3735604; 549848, 3735603; 549848, 3735602; 549849, 3735602; 549849, 3735601; 549849, 3735600; 549849, 3735599; 549850, 3735599; 549850, 3735598; 549851, 3735597; 549851, 3735596; 549823, 3735574; 549824, 3735562; 549827, 3735533; 549826, 3735518; 549825, 3735502; 549830, 3735469; 549808, 3735401; 549818, 3735395; 549817, 3735395; 549817, 3735394; 549817, 3735393; 549817, 3735392; 549816, 3735392; 549816, 3735391; 549816, 3735390; 549816, 3735389; 549816, 3735389; 549816, 3735388; 549816, 3735387; 549816, 3735386; 549816, 3735386; 549816, 3735385; 549817, 3735384; 549817, 3735383; 549817, 3735383; 549818, 3735382; 549818, 3735381; 549818, 3735380; 549819, 3735380; 549820, 3735379; 549820, 3735378; 549821, 3735378; 549821, 3735377; 549822, 3735377; 549953, 3735297; 549954, 3735296; 549954, 3735296; 549955, 3735296; 549956, 3735295; 549957, 3735295; 549958, 3735295; 549959, 3735295; 549960, 3735295; 549961, 3735295; 549962, 3735295; 549963, 3735295; 549964, 3735295; 549965, 3735296; 549967, 3735296; 549967, 3735297; 549968, 3735297; 549969, 3735298; 549969, 3735298; 549970, 3735299; 549971, 3735300; 549971, 3735301; 549972, 3735301; 549978, 3735298; 549990, 3735306; 550026, 3735349; 550020, 3735384; 550027, 3735388; 550056, 3735480; 550056, 3735481; 550057, 3735483; 550056, 3735589; 550057, 3735589; 550103, 3735589; 550104, 3735589; 550105, 3735590; 550106, 3735591; 550106, 3735592; 550107, 3735594; 550108, 3735595; 550109, 3735596; 550110, 3735597; 550111, 3735598; 550111, 3735598; 550127, 3735614; 550129, 3735617; 550135, 3735612; 550136, 3735614; 550137, 3735616; 550139, 3735617; 550140, 3735619; 550141, 3735621; 550142, 3735622; 550142, 3735624; 550143, 3735626; 550144, 3735628; 550145, 3735630; 550146, VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57767 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules 3735631; 550147, 3735633; 550147, 3735635; 550148, 3735637; 550149, 3735639; 550150, 3735641; 550150, 3735642; 550151, 3735644; 550151, 3735646; 550152, 3735648; 550152, 3735650; 550153, 3735652; 550153, 3735654; 550154, 3735656; 550154, 3735658; 550154, 3735660; 550155, 3735662; 550155, 3735664; 550155, 3735666; 550155, 3735668; 550155, 3735670; 550155, 3735672; 550156, 3735675; 550156, 3735675; 550157, 3735675; 550158, 3735675; 550159, 3735676; 550160, 3735676; 550161, 3735677; 550161, 3735678; 550162, 3735678; 550163, 3735679; 550163, 3735680; 550163, 3735681; 550163, 3735681; 550164, 3735682; 550164, 3735683; 550165, 3735684; 550165, 3735684; 550166, 3735685; 550167, 3735686; 550167, 3735686; 550168, 3735687; 550172, 3735689; 550173, 3735690; 550174, 3735690; 550175, 3735690; 550176, 3735690; 550177, 3735690; 550178, 3735690; 550179, 3735690; 550179, 3735690; 550180, 3735689; 550181, 3735689; 550182, 3735689; 550182, 3735688; 550183, 3735688; 550184, 3735688; 550185, 3735687; 550186, 3735687; 550186, 3735687; 550187, 3735687; 550188, 3735687; 550189, 3735688; 550190, 3735688; 550191, 3735688; 550192, 3735689; 550193, 3735689; 550196, 3735684; 550266, 3735736; 550288, 3735753; 550283, 3735771; 550307, 3735790; 550308, 3735790; 550309, 3735791; 550310, 3735792; 550311, 3735792; 550312, 3735793; 550313, 3735793; 550347, 3735814; 550364, 3735827; 550365, 3735828; 550366, 3735829; 550366, 3735829; 550367, 3735830; 550367, 3735830; 550368, 3735831; 550368, 3735831; 550369, 3735832; 550370, 3735833; 550371, 3735834; 550372, 3735835; 550373, 3735837; 550373, 3735837; 550374, 3735839; 550375, 3735839; 550375, 3735841; 550376, 3735841; 550376, 3735842; 550377, 3735843; 550377, 3735844; 550378, 3735845; 550378, 3735846; 550379, 3735847; 550380, 3735848; 550380, 3735849; 550381, 3735850; 550381, 3735851; 550382, 3735852; 550383, 3735853; 550384, 3735854; 550384, 3735855; 550385, 3735856; 550386, 3735856; 550386, 3735857; 550387, 3735858; 550388, 3735859; 550389, 3735860; 550390, 3735860; 550391, 3735861; 550391, 3735862; 550392, 3735863; 550393, 3735864; 550394, 3735864; 550394, 3735865; 550394, 3735866; 550395, 3735867; 550395, 3735868; 550395, 3735868; 550396, 3735869; 550396, 3735870; 550396, 3735871; 550397, 3735871; 550397, 3735872; 550398, 3735873; 550398, 3735874; 550399, 3735875; 550399, 3735876; 550400, 3735876; 550401, 3735877; 550401, 3735878; 550402, 3735878; 550402, 3735879; 550403, 3735879; 550404, 3735880; 550405, 3735880; 550405, 3735881; 550406, 3735881; 550407, 3735882; 550408, 3735882; 550409, 3735883; 550409, 3735883; 550410, 3735883; 550411, 3735883; 550412, 3735884; 550413, 3735884; 550414, 3735884; 550415, 3735884; 550415, 3735884; 550417, 3735884; 550418, 3735885; 550419, 3735885; 550420, 3735886; 550420, 3735886; 550421, 3735887; 550421, 3735887; 550422, 3735888; 550422, 3735889; 550423, 3735890; 550423, 3735890; 550423, 3735891; 550423, 3735892; 550423, 3735893; 550423, 3735894; 550423, 3735895; 550423, 3735896; 550424, 3735896; 550424, 3735897; 550424, 3735898; 550425, 3735899; 550425, 3735900; 550425, 3735901; 550426, 3735902; 550426, 3735903; 550427, 3735903; 550427, 3735904; 550428, 3735905; 550428, 3735906; 550429, 3735906; 550429, 3735907; 550430, 3735908; 550431, 3735909; 550431, 3735909; 550432, 3735910; 550446, 3735922; 550449, 3735924; 550450, 3735926; 550452, 3735927; 550453, 3735928; 550455, 3735929; 550456, 3735930; 550457, 3735931; 550458, 3735931; 550459, 3735932; 550460, 3735932; 550461, 3735933; 550462, 3735933; 550463, 3735934; 550465, 3735934; 550466, 3735934; 550466, 3735935; 550467, 3735935; 550469, 3735935; 550470, 3735935; 550472, 3735935; 550473, 3735935; 550474, 3735935; 550476, 3735935; 550478, 3735935; 550479, 3735935; 550480, 3735936; 550481, 3735936; 550482, 3735937; 550484, 3735937; 550484, 3735938; 550485, 3735938; 550486, 3735939; 550487, 3735940; 550488, 3735940; 550488, 3735941; 550489, 3735942; 550490, 3735942; 550491, 3735943; 550491, 3735943; 550492, 3735944; 550493, 3735944; 550494, 3735945; 550494, 3735945; 550495, 3735946; 550496, 3735946; 550497, 3735947; 550498, 3735947; 550498, 3735948; 550499, 3735948; 550500, 3735948; 550501, 3735949; 550502, 3735949; 550503, 3735950; 550504, 3735950; 550505, 3735950; 550505, 3735951; 550506, 3735951; 550507, 3735951; 550508, 3735951; 550509, 3735952; 550510, 3735952; 550511, 3735952; 550512, 3735953; 550513, 3735953; 550514, 3735954; 550515, 3735954; 550515, 3735955; 550516, 3735955; 550517, 3735956; 550517, 3735956; 550518, 3735957; 550518, 3735957; 550519, 3735958; 550520, 3735959; 550520, 3735960; 550521, 3735960; 550529, 3735973; 550530, 3735973; 550542, 3735983; 550544, 3735984; 550545, 3735984; 550546, 3735984; 550547, 3735984; 550548, 3735985; 550549, 3735985; 550550, 3735985; 550551, 3735985; 550552, 3735985; 550553, 3735986; 550554, 3735986; 550555, 3735987; 550556, 3735987; 550556, 3735988; 550557, 3735989; 550567, 3736004; 550568, 3736005; 550568, 3736006; 550569, 3736007; 550570, 3736008; 550570, 3736009; 550571, 3736010; 550572, 3736011; 550572, 3736012; 550573, 3736013; 550574, 3736013; 550575, 3736014; 550575, 3736015; 550576, 3736016; 550577, 3736017; 550578, 3736017; 550579, 3736018; 550580, 3736019; 550581, 3736020; 550581, 3736020; 550582, 3736021; 550583, 3736022; 550584, 3736022; 550585, 3736023; 550586, 3736024; 550587, 3736024; 550588, 3736025; 550589, 3736025; 550590, 3736026; 550591, 3736026; 550592, 3736027; 550593, 3736028; 550594, 3736028; 550595, 3736028; 550596, 3736029; 550597, 3736029; 550599, 3736030; 550600, 3736031; 550601, 3736031; 550601, 3736032; 550602, 3736032; 550602, 3736033; 550610, 3736042; 550610, 3736042; 550611, 3736043; 550611, 3736044; 550612, 3736045; 550612, 3736045; 550612, 3736046; 550612, 3736047; 550612, 3736048; 550612, 3736049; 550612, 3736049; 550612, 3736050; 550612, 3736051; 550612, 3736052; 550612, 3736053; 550612, 3736054; 550612, 3736054; 550612, 3736055; 550612, 3736056; 550613, 3736057; 550613, 3736058; 550613, 3736058; 550613, 3736059; 550613, 3736060; 550614, 3736061; 550614, 3736061; 550614, 3736062; 550615, 3736063; 550615, 3736064; 550616, 3736065; 550617, 3736066; 550617, 3736067; 550618, 3736068; 550618, 3736068; 550619, 3736069; 550619, 3736069; 550620, 3736070; 550621, 3736070; 550621, 3736071; 550622, 3736071; 550623, 3736072; 550624, 3736072; 550624, 3736073; 550626, 3736073; 550627, 3736074; 550627, 3736074; 550629, 3736075; 550629, 3736075; 550630, 3736075; 550631, 3736075; 550632, 3736076; 550633, 3736076; 550633, 3736077; 550660, 3736090; 550661, 3736090; 550662, 3736090; 550663, 3736091; 550664, 3736091; 550665, 3736092; 550666, 3736092; 550667, 3736092; 550668, 3736093; 550669, 3736093; 550670, 3736093; 550671, 3736094; 550672, 3736094; 550673, 3736094; 550674, 3736094; 550709, 3736105; 550736, 3736113; 550737, 3736113; 550738, 3736114; 550739, 3736114; 550741, 3736115; 550742, 3736115; 550743, 3736115; 550744, 3736115; 550765, VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57768 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules 3736119; 550789, 3736125; 550790, 3736125; 550791, 3736125; 550792, 3736126; 550792, 3736126; 550793, 3736127; 550794, 3736127; 550796, 3736128; 550796, 3736128; 550797, 3736129; 550798, 3736129; 550799, 3736129; 550800, 3736129; 550801, 3736130; 550802, 3736130; 550802, 3736130; 550803, 3736131; 550804, 3736131; 550805, 3736131; 550806, 3736131; 550807, 3736131; 550808, 3736131; 550809, 3736132; 550810, 3736132; 550811, 3736132; 550812, 3736132; 550812, 3736132; 550813, 3736132; 550814, 3736132; 550815, 3736132; 550816, 3736132; 550821, 3736132; 550824, 3736132; 550827, 3736132; 550831, 3736132; 550834, 3736131; 550837, 3736131; 550841, 3736131; 550844, 3736130; 550847, 3736130; 550850, 3736129; 550854, 3736129; 550857, 3736128; 550860, 3736127; 550863, 3736126; 550864, 3736126; 550865, 3736126; 550866, 3736126; 550867, 3736126; 550868, 3736126; 550868, 3736125; 550869, 3736125; 550870, 3736125; 550871, 3736125; 550872, 3736125; 550873, 3736125; 550874, 3736125; 550875, 3736125; 550901, 3736125; 550902, 3736125; 550903, 3736125; 550904, 3736125; 550905, 3736125; 550906, 3736125; 550907, 3736124; 550908, 3736124; 550909, 3736124; 550910, 3736124; 550911, 3736125; 550912, 3736125; 550913, 3736125; 550915, 3736126; 550917, 3736126; 550918, 3736127; 550918, 3736127; 550919, 3736128; 550920, 3736128; 550967, 3736165; 550968, 3736166; 550969, 3736167; 550970, 3736168; 550971, 3736169; 550972, 3736170; 550973, 3736171; 550974, 3736172; 550975, 3736173; 550975, 3736174; 550976, 3736175; 550977, 3736176; 550977, 3736176; 550978, 3736177; 550978, 3736178; 550980, 3736180; 550989, 3736173; 551157, 3736197; 551241, 3736173; 551268, 3736187; 551319, 3736092; 551324, 3736042; 551317, 3736031; 551311, 3736021; 551310, 3736020; 551307, 3736011; 551303, 3735998; 551303, 3735997; 551294, 3735983; 551293, 3735983; 551285, 3735979; 551264, 3735969; 551264, 3735967; 551264, 3735960; 551264, 3735960; 551244, 3735943; 551190, 3735896; 551189, 3735895; 551187, 3735886; 551171, 3735873; 551165, 3735873; 551154, 3735873; 551150, 3735865; 551115, 3735830; 551102, 3735816; 551102, 3735815; 551098, 3735805; 551091, 3735791; 551072, 3735779; 551076, 3735764; 551063, 3735753; 551050, 3735741; 551041, 3735722; 551043, 3735708; 551049, 3735682; 551057, 3735667; 551060, 3735659; 551065, 3735644; 551065, 3735641; 551073, 3735648; 551077, 3735648; 551101, 3735619; 551116, 3735585; 551133, 3735573; 551160, 3735560; 551186, 3735546; 551205, 3735511; 551228, 3735497; 551233, 3735494; 551304, 3735476; 551311, 3735469; 551381, 3735436; 551411, 3735419; 551435, 3735404; 551468, 3735383; 551536, 3735343; 551572, 3735315; 551594, 3735296; 551617, 3735278; 551634, 3735258; 551670, 3735214; 551675, 3735190; 551679, 3735168; 551674, 3735152; 551671, 3735135; 551674, 3735122; 551674, 3735100; 551675, 3735046; 551674, 3735025; 551672, 3735012; 551662, 3734991; 551653, 3734968; 551652, 3734954; 551651, 3734935; 551653, 3734918; 551652, 3734900; 551655, 3734883; 551658, 3734863; 551659, 3734854; 551660, 3734840; 551659, 3734832; 551654, 3734815; 551650, 3734802; 551638, 3734790; 551632, 3734783; 551625, 3734774; 551625, 3734773; 551622, 3734768; 551616, 3734755; 551619, 3734741; 551627, 3734719; 551640, 3734696; 551648, 3734679; 551658, 3734666; 551663, 3734656; 551671, 3734648; 551676, 3734638; 551676, 3734621; 551675, 3734604; 551673, 3734581; 551672, 3734567; 551669, 3734541; 551667, 3734521; 551667, 3734506; 551671, 3734496; 551670, 3734466; 551676, 3734459; 551687, 3734445; 551692, 3734430; 551692, 3734419; 551692, 3734404; 551689, 3734390; 551682, 3734375; 551673, 3734362; 551669, 3734353; 551663, 3734334; 551658, 3734324; 551648, 3734316; 551654, 3734312; 551660, 3734312; 551666, 3734306; 551700, 3734301; 551700, 3734300; 551700, 3734297; 551679, 3734251; 551673, 3734237; 551670, 3734230; 551664, 3734220; 551643, 3734193; 551640, 3734187; 551634, 3734168; 551630, 3734153; 551631, 3734133; 551630, 3734122; 551628, 3734112; 551637, 3734102; 551646, 3734106; 551650, 3734105; 551650, 3734096; 551653, 3734090; 551653, 3734075; 551657, 3734063; 551677, 3734010; 551680, 3734004; 551711, 3734004; 551715, 3734004; 551737, 3734004; 551805, 3734027; 551809, 3734042; 551810, 3734043; 551816, 3734047; 551825, 3734048; 551836, 3734048; 551839, 3734048; 551881, 3734101; 551889, 3734112; 551904, 3734125; 551945, 3734158; 551979, 3734170; 552082, 3734080; 552090, 3734061; 552137, 3734072; 552160, 3734053; 552187, 3734097; 552187, 3734109; 552184, 3734126; 552185, 3734139; 552193, 3734173; 552186, 3734186; 552185, 3734198; 552181, 3734210; 552188, 3734225; 552190, 3734240; 552195, 3734278; 552198, 3734300; 552200, 3734300; 552200, 3734311; 552201, 3734320; 552206, 3734342; 552209, 3734353; 552215, 3734369; 552219, 3734382; 552228, 3734400; 552240, 3734412; 552251, 3734427; 552255, 3734430; 552266, 3734440; 552290, 3734453; 552300, 3734460; 552323, 3734473; 552352, 3734482; 552373, 3734483; 552390, 3734479; 552404, 3734471; 552423, 3734463; 552437, 3734454; 552449, 3734445; 552456, 3734437; 552463, 3734429; 552464, 3734429; 552478, 3734419; 552499, 3734405; 552500, 3734405; 552500, 3734400; 552512, 3734400; 552530, 3734395; 552545, 3734391; 552561, 3734387; 552562, 3734386; 552576, 3734336; 552585, 3734300; 552588, 3734278; 552594, 3734268; 552595, 3734255; 552599, 3734243; 552612, 3734239; 552620, 3734223; 552624, 3734212; 552635, 3734201; 552648, 3734193; 552652, 3734182; 552657, 3734170; 552665, 3734162; 552669, 3734155; 552673, 3734116; 552673, 3734111; 552676, 3734099; 552679, 3734087; 552684, 3734076; 552687, 3734065; 552687, 3734051; 552691, 3734031; 552721, 3734010; 552735, 3733982; 552739, 3733974; 552742, 3733967; 552746, 3733960; 552751, 3733951; 552754, 3733942; 552758, 3733934; 552763, 3733930; 552768, 3733929; 552776, 3733926; 552783, 3733923; 552795, 3733920; 552803, 3733920; 552811, 3733922; 552820, 3733923; 552835, 3733924; 552845, 3733925; 552853, 3733926; 552862, 3733928; 552875, 3733930; 552883, 3733934; 552892, 3733938; 552903, 3733940; 552914, 3733944; 552960, 3733965; 552972, 3733975; 552987, 3733986; 553031, 3734027; 553078, 3734057; 553095, 3734078; 553101, 3734109; 553111, 3734152; 553098, 3734180; 553091, 3734204; 553077, 3734242; 553050, 3734295; 553047, 3734301; 553054, 3734339; 553061, 3734356; 553070, 3734363; 553077, 3734368; 553083, 3734373; 553085, 3734375; 553086, 3734382; 553090, 3734386; 553094, 3734384; 553098, 3734391; 553111, 3734399; 553113, 3734400; 553200, 3734400; 553223, 3734400; 553229, 3734398; 553245, 3734392; 553258, 3734384; 553273, 3734376; 553286, 3734370; 553286, 3734370; 553288, 3734369; 553305, 3734357; 553327, 3734344; 553341, 3734334; 553348, 3734327; 553354, 3734324; 553352, 3734318; 553352, 3734310; 553354, 3734302; 553356, 3734293; 553355, 3734284; 553351, 3734275; 553351, 3734275; 553345, 3734268; 553343, 3734257; 553346, 3734250; 553356, 3734234; 553367, 3734225; 553372, 3734218; 553383, 3734201; 553385, VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57769 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules 3734195; 553388, 3734187; 553389, 3734172; 553390, 3734162; 553390, 3734151; 553391, 3734140; 553394, 3734132; 553400, 3734124; 553404, 3734115; 553408, 3734104; 553408, 3734097; 553415, 3734087; 553427, 3734080; 553443, 3734064; 553452, 3734060; 553468, 3734052; 553473, 3734043; 553476, 3734033; 553484, 3734028; 553492, 3734022; 553498, 3734016; 553500, 3734015; 553502, 3734011; 553510, 3734003; 553519, 3733988; 553525, 3733981; 553533, 3733977; 553546, 3733969; 553548, 3733960; 553554, 3733947; 553566, 3733938; 553576, 3733942; 553608, 3733921; 553618, 3733926; 553630, 3733936; 553634, 3733939; 553637, 3733934; 553642, 3733928; 553652, 3733919; 553654, 3733918; 553667, 3733915; 553670, 3733840; 553672, 3733783; 553675, 3733743; 553682, 3733693; 553685, 3733673; 553690, 3733628; 553698, 3733560; 553640, 3733444; 553565, 3733353; 553564, 3733352; 553549, 3733377; 553473, 3733275; 553350, 3733112; 553321, 3733073; 553304, 3733037; 553301, 3733029; 553293, 3733010; 553218, 3732821; 553124, 3732581; 553005, 3732465; 552984, 3732425; 552896, 3732424; 552891, 3732422; 552879, 3732417; 552870, 3732413; 552888, 3732400; 553005, 3732318; 553037, 3732269; 553039, 3732265; 553039, 3732265; 553071, 3732232; 553084, 3732224; 553103, 3732215; 553125, 3732202; 553140, 3732194; 553159, 3732187; 553179, 3732187; 553284, 3732144; 553284, 3732142; 553286, 3732136; 553294, 3732133; 553299, 3732136; 553300, 3732137; 553304, 3732150; 553310, 3732161; 553322, 3732172; 553327, 3732179; 553337, 3732179; 553344, 3732185; 553348, 3732196; 553361, 3732200; 553383, 3732200; 553391, 3732204; 553395, 3732224; 553404, 3732245; 553408, 3732262; 553404, 3732290; 553402, 3732310; 553383, 3732340; 553374, 3732345; 553374, 3732358; 553382, 3732367; 553391, 3732365; 553408, 3732365; 553423, 3732370; 553434, 3732372; 553456, 3732333; 553466, 3732314; 553479, 3732295; 553492, 3732277; 553511, 3732265; 553524, 3732262; 553537, 3732265; 553546, 3732260; 553544, 3732250; 553544, 3732234; 553554, 3732230; 553563, 3732224; 553576, 3732217; 553589, 3732204; 553597, 3732202; 553610, 3732202; 553625, 3732200; 553636, 3732196; 553658, 3732189; 553675, 3732194; 553683, 3732183; 553698, 3732200; 553715, 3732237; 553733, 3732239; 553756, 3732239; 553772, 3732233; 553788, 3732248; 553799, 3732247; 553810, 3732260; 553813, 3732271; 553826, 3732281; 553838, 3732282; 553847, 3732289; 553860, 3732291; 553877, 3732286; 553894, 3732280; 553911, 3732275; 553939, 3732234; 553954, 3732217; 553962, 3732202; 553969, 3732176; 553976, 3732165; 554016, 3732149; 553999, 3732116; 553998, 3732115; 553996, 3732100; 554041, 3732073; 554057, 3732063; 554077, 3732092; 554080, 3732092; 554092, 3732091; 554102, 3732099; 554105, 3732116; 554109, 3732150; 554368, 3730690; 554245, 3729777; 554239, 3729775; 554201, 3729779; 554164, 3729784; 554133, 3729781; 554095, 3729767; 554079, 3729754; 554055, 3729695; 554035, 3729675; 554023, 3729667; 554005, 3729655; 553984, 3729646; 553966, 3729644; 553948, 3729653; 553922, 3729659; 553887, 3729667; 553858, 3729674; 553841, 3729677; 553820, 3729671; 553811, 3729653; 553804, 3729633; 553803, 3729622; 553807, 3729592; 553815, 3729576; 553823, 3729561; 553834, 3729536; 553850, 3729507; 553853, 3729480; 553859, 3729446; 553861, 3729423; 553852, 3729387; 553847, 3729361; 553832, 3729318; 553816, 3729275; 553806, 3729250; 553806, 3729249; 553805, 3729247; 553805, 3729246; 553804, 3729244; 553804, 3729243; 553803, 3729242; 553802, 3729240; 553802, 3729239; 553801, 3729237; 553800, 3729236; 553800, 3729235; 553799, 3729233; 553798, 3729232; 553797, 3729231; 553797, 3729229; 553796, 3729228; 553795, 3729227; 553794, 3729226; 553793, 3729224; 553792, 3729223; 553791, 3729222; 553790, 3729221; 553789, 3729220; 553788, 3729218; 553787, 3729217; 553786, 3729216; 553785, 3729215; 553784, 3729214; 553783, 3729213; 553782, 3729212; 553781, 3729211; 553780, 3729210; 553779, 3729209; 553777, 3729208; 553776, 3729207; 553775, 3729206; 553774, 3729205; 553772, 3729204; 553771, 3729203; 553770, 3729202; 553769, 3729202; 553768, 3729201; 553766, 3729201; 553765, 3729200; 553764, 3729200; 553763, 3729199; 553762, 3729199; 553760, 3729198; 553759, 3729198; 553758, 3729197; 553757, 3729196; 553756, 3729196; 553755, 3729195; 553754, 3729194; 553752, 3729194; 553751, 3729193; 553750, 3729192; 553749, 3729192; 553748, 3729191; 553747, 3729190; 553746, 3729189; 553745, 3729188; 553744, 3729188; 553743, 3729187; 553742, 3729186; 553741, 3729185; 553740, 3729184; 553739, 3729183; 553738, 3729182; 553738, 3729181; 553737, 3729180; 553736, 3729179; 553735, 3729178; 553734, 3729177; 553733, 3729176; 553733, 3729175; 553732, 3729174; 553731, 3729173; 553730, 3729172; 553730, 3729171; 553729, 3729170; 553728, 3729169; 553728, 3729168; 553727, 3729166; 553726, 3729165; 553726, 3729164; 553725, 3729163; 553725, 3729162; 553724, 3729161; 553724, 3729159; 553723, 3729158; 553723, 3729157; 553722, 3729156; 553722, 3729155; 553721, 3729153; 553721, 3729152; 553721, 3729151; 553720, 3729150; 553720, 3729148; 553720, 3729147; 553719, 3729146; 553719, 3729144; 553719, 3729143; 553719, 3729142; 553719, 3729141; 553718, 3729139; 553718, 3729138; 553718, 3729137; 553718, 3729135; 553718, 3729134; 553718, 3729133; 553718, 3729132; 553718, 3729130; 553718, 3729129; 553718, 3729128; 553718, 3729126; 553718, 3729125; 553718, 3729124; 553718, 3729122; 553718, 3729121; 553719, 3729120; 553719, 3729119; 553719, 3729117; 553719, 3729116; 553720, 3729115; 553720, 3729113; 553720, 3729112; 553721, 3729111; 553721, 3729110; 553721, 3729108; 553722, 3729107; 553722, 3729106; 553723, 3729105; 553723, 3729104; 553723, 3729102; 553724, 3729101; 553725, 3729100; 553725, 3729099; 553726, 3729098; 553726, 3729096; 553727, 3729095; 553727, 3729094; 553728, 3729093; 553729, 3729092; 553729, 3729091; 553730, 3729090; 553731, 3729089; 553732, 3729088; 553732, 3729087; 553733, 3729086; 553734, 3729084; 553735, 3729083; 553736, 3729082; 553736, 3729081; 553737, 3729081; 553738, 3729080; 553739, 3729079; 553740, 3729078; 553741, 3729077; 553742, 3729076; 553743, 3729075; 553743, 3729075; 553744, 3729074; 553746, 3729073; 553747, 3729072; 553748, 3729071; 553749, 3729071; 553750, 3729070; 553751, 3729069; 553753, 3729069; 553754, 3729068; 553755, 3729067; 553756, 3729067; 553758, 3729066; 553759, 3729065; 553760, 3729065; 553762, 3729064; 553763, 3729064; 553764, 3729063; 553766, 3729063; 553767, 3729062; 553768, 3729062; 553770, 3729061; 553771, 3729061; 553772, 3729061; 553774, 3729060; 553775, 3729060; 553776, 3729060; 553778, 3729060; 553779, 3729059; 553781, 3729059; 553782, 3729059; 553783, 3729059; 553785, 3729059; 553786, 3729058; 553788, 3729058; 553791, 3729058; 553792, 3729058; 553793, 3729058; 553795, 3729058; 553796, 3729058; 553802, 3729059; 553808, 3729059; 553814, 3729059; 553819, 3729059; 553825, 3729058; 553831, 3729058; 553837, 3729058; 553843, 3729057; 553849, 3729057; 553855, 3729056; 553861, VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57770 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules 3729055; 553863, 3729055; 553866, 3729054; 553868, 3729054; 553871, 3729053; 553874, 3729053; 553877, 3729052; 553879, 3729051; 553882, 3729050; 553885, 3729050; 553887, 3729049; 553890, 3729048; 553892, 3729047; 553895, 3729046; 553898, 3729045; 553900, 3729044; 553903, 3729043; 553905, 3729042; 553908, 3729041; 553910, 3729039; 553913, 3729038; 553915, 3729037; 553918, 3729036; 553920, 3729034; 553922, 3729033; 553925, 3729031; 553927, 3729030; 553929, 3729028; 553931, 3729027; 553933, 3729025; 553935, 3729024; 553937, 3729022; 553939, 3729021; 553941, 3729020; 553943, 3729018; 553946, 3729017; 553948, 3729016; 553950, 3729015; 553952, 3729013; 553955, 3729012; 553957, 3729011; 553959, 3729010; 553961, 3729009; 553964, 3729008; 553966, 3729007; 553968, 3729006; 553971, 3729005; 553973, 3729004; 553976, 3729004; 553978, 3729003; 553980, 3729002; 553983, 3729002; 553985, 3729001; 553988, 3729000; 553990, 3729000; 553993, 3728999; 553995, 3728999; 553998, 3728999; 554000, 3728998; 554003, 3728998; 554005, 3728998; 554007, 3728997; 554008, 3728997; 554010, 3728997; 554011, 3728997; 554013, 3728997; 554014, 3728996; 554015, 3728996; 554017, 3728996; 554018, 3728996; 554020, 3728995; 554021, 3728995; 554023, 3728995; 554024, 3728994; 554025, 3728994; 554027, 3728993; 554028, 3728993; 554030, 3728992; 554031, 3728992; 554032, 3728991; 554034, 3728990; 554035, 3728990; 554036, 3728989; 554038, 3728989; 554039, 3728988; 554040, 3728987; 554042, 3728986; 554043, 3728986; 554044, 3728985; 554045, 3728984; 554047, 3728983; 554048, 3728982; 554049, 3728982; 554050, 3728981; 554051, 3728980; 554053, 3728979; 554054, 3728978; 554055, 3728977; 554056, 3728976; 554057, 3728975; 554058, 3728974; 554059, 3728973; 554060, 3728972; 554061, 3728971; 554062, 3728970; 554063, 3728969; 554064, 3728968; 554065, 3728966; 554066, 3728965; 554067, 3728964; 554069, 3728962; 554071, 3728960; 554072, 3728957; 554074, 3728955; 554076, 3728953; 554079, 3728950; 554081, 3728948; 554083, 3728946; 554085, 3728944; 554087, 3728942; 554089, 3728940; 554092, 3728938; 554094, 3728936; 554095, 3728935; 554097, 3728934; 554098, 3728933; 554100, 3728931; 554102, 3728930; 554103, 3728929; 554105, 3728928; 554107, 3728927; 554109, 3728926; 554110, 3728925; 554112, 3728924; 554114, 3728923; 554116, 3728922; 554118, 3728921; 554119, 3728920; 554121, 3728919; 554123, 3728918; 554125, 3728917; 554127, 3728916; 554129, 3728916; 554113, 3728802; 554092, 3728802; 554032, 3728802; 553931, 3728801; 553728, 3728800; 553627, 3728799; 553526, 3728799; 553426, 3728798; 553426, 3728726; 553427, 3728678; 553427, 3728598; 553326, 3728597; 553327, 3728496; 553328, 3728395; 553328, 3728294; 553329, 3728192; 553329, 3728091; 553330, 3727992; 553331, 3727895; 553331, 3727792; 553332, 3727689; 553333, 3727590; 553333, 3727489; 553334, 3727388; 553334, 3727287; 553335, 3727187; 553486, 3727188; 553488, 3727145; 553491, 3727087; 553492, 3727080; 553500, 3726986; 553518, 3726879; 553591, 3726724; 553600, 3726707; 553600, 3726700; 553600, 3726600; 553600, 3726500; 553600, 3726400; 553700, 3726400; 553748, 3726400; 553749, 3726399; 553747, 3726395; 553758, 3726342; 553758, 3726341; 553945, 3726216; 554135, 3726156; 554149, 3726142; 554187, 3726105; 554178, 3726042; 554182, 3726038; 554187, 3726031; 554187, 3726030; 554186, 3726026; 554186, 3726025; 554186, 3726022; 554186, 3726018; 554187, 3726015; 554188, 3726013; 554188, 3726011; 554190, 3726008; 554192, 3726005; 554212, 3725983; 554215, 3725979; 554217, 3725977; 554217, 3725976; 554237, 3725975; 554251, 3725960; 554333, 3725946; 554367, 3725967; 554380, 3725976; 554393, 3725984; 554474, 3725956; 554551, 3725915; 554600, 3725889; 554600, 3725800; 554620, 3725800; 554619, 3725760; 554611, 3725760; 554610, 3725760; 554610, 3725760; 554609, 3725760; 554608, 3725760; 554608, 3725760; 554608, 3725760; 554607, 3725760; 554607, 3725760; 554606, 3725760; 554606, 3725760; 554605, 3725760; 554605, 3725759; 554605, 3725759; 554604, 3725759; 554604, 3725759; 554604, 3725759; 554603, 3725759; 554603, 3725759; 554602, 3725759; 554602, 3725758; 554601, 3725758; 554601, 3725758; 554600, 3725758; 554600, 3725757; 554600, 3725757; 554599, 3725757; 554599, 3725757; 554598, 3725756; 554598, 3725756; 554598, 3725756; 554597, 3725756; 554597, 3725755; 554597, 3725755; 554597, 3725755; 554596, 3725755; 554596, 3725755; 554596, 3725754; 554596, 3725754; 554595, 3725754; 554595, 3725753; 554595, 3725753; 554595, 3725753; 554595, 3725753; 554594, 3725752; 554594, 3725752; 554594, 3725751; 554593, 3725751; 554593, 3725751; 554593, 3725750; 554593, 3725750; 554592, 3725750; 554592, 3725749; 554592, 3725749; 554592, 3725749; 554592, 3725748; 554592, 3725748; 554591, 3725748; 554591, 3725747; 554591, 3725747; 554591, 3725747; 554591, 3725746; 554590, 3725746; 554590, 3725746; 554590, 3725745; 554590, 3725745; 554590, 3725744; 554590, 3725744; 554590, 3725744; 554589, 3725743; 554589, 3725743; 554589, 3725743; 554589, 3725742; 554589, 3725742; 554589, 3725741; 554589, 3725741; 554589, 3725741; 554589, 3725740; 554588, 3725740; 554588, 3725740; 554588, 3725739; 554588, 3725739; 554588, 3725739; 554588, 3725738; 554588, 3725738; 554588, 3725738; 554588, 3725737; 554588, 3725737; 554588, 3725736; 554588, 3725736; 554588, 3725735; 554588, 3725735; 554588, 3725735; 554588, 3725734; 554588, 3725734; 554588, 3725733; 554588, 3725733; 554588, 3725732; 554588, 3725732; 554588, 3725730; 554588, 3725729; 554588, 3725729; 554588, 3725728; 554588, 3725728; 554588, 3725727; 554588 3725727; 554588, 3725726; 554588, 3725726; 554589, 3725725; 554589, 3725725; 554589, 3725724; 554589, 3725724; 554589, 3725723; 554589, 3725723; 554589, 3725723; 554589, 3725722; 554590, 3725722; 554590, 3725722; 554590, 3725721; 554590, 3725721; 554590, 3725721; 554590, 3725720; 554590, 3725720; 554590, 3725719; 554591, 3725719; 554591, 3725719; 554591, 3725718; 554591, 3725718; 554591, 3725717; 554592, 3725717; 554592, 3725717; 554592, 3725716; 554592, 3725716; 554593, 3725715; 554593, 3725715; 554593, 3725715; 554593, 3725714; 554594, 3725714; 554594, 3725714; 554594, 3725713; 554595, 3725713; 554595, 3725713; 554595, 3725712; 554595, 3725712; 554596, 3725712; 554596, 3725711; 554596, 3725711; 554597, 3725711; 554597, 3725710; 554597, 3725710; 554598, 3725710; 554598, 3725709; 554598, 3725709; 554599, 3725709; 554599, 3725708; 554599, 3725708; 554600, 3725708; 554600, 3725708; 554601, 3725707; 554601, 3725707; 554601, 3725707; 554602, 3725707; 554602, 3725706; 554602, 3725706; 554603, 3725706; 554603, 3725706; 554603, 3725706; 554604, 3725706; 554604, 3725705; 554604, 3725705; 554605, 3725705; 554605, 3725705; 554605, 3725705; 554606, 3725705; 554606, 3725704; 554607, 3725704; 554607, 3725704; 554607, 3725704; 554608, 3725704; 554608, 3725704; 554609, 3725704; 554609, 3725703; 554609, 3725703; 554610, 3725703; 554610, 3725703; 554618, 3725707; 554632, 3725706; 554660, 3725699; 554705, VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57771 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules 3725687; 554759, 3725672; 554789, 3725603; 554789, 3725602; 554857, 3725444; 554913, 3725363; 554955, 3725411; 554966, 3725423; 554994, 3725457; 555049, 3725501; 555038, 3725534; 555037, 3725534; 554953, 3725581; 554954, 3725584; 556747, 3725031; 557936, 3724088; 558510, 3724252; 559822, 3725688; 560478, 3727041; 561094, 3727369; 561750, 3727082; 562570, 3725442; 562693, 3724006; 562980, 3722489; 563513, 3721997; 564088, 3722418; 564089, 3722418; 564122, 3722411; 564155, 3722405; 564169, 3722414; 564188, 3722426; 564188, 3722427; 564189, 3722427; 564189, 3722427; 564189, 3722428; 564190, 3722428; 564190, 3722428; 564190, 3722428; 564191, 3722429; 564191, 3722429; 564191, 3722429; 564191, 3722429; 564191, 3722430; 564192, 3722430; 564192, 3722431; 564192, 3722431; 564193, 3722431; 564193, 3722432; 564193, 3722432; 564193, 3722432; 564194, 3722433; 564194, 3722433; 564194, 3722434; 564194, 3722434; 564194, 3722435; 564194, 3722435; 564195, 3722435; 564195, 3722435; 564195, 3722436; 564195, 3722436; 564195, 3722437; 564195, 3722437; 564195, 3722438; 564195, 3722438; 564195, 3722438; 564196, 3722439; 564196, 3722439; 564196, 3722440; 564196, 3722440; 564196, 3722441; 564196, 3722441; 564196, 3722442; 564196, 3722442; 564196, 3722442; 564196, 3722443; 564196, 3722443; 564196, 3722444; 564196, 3722444; 564196, 3722444; 564196, 3722445; 564209, 3722445; 564209, 3722447; 564208, 3722593; 564207, 3722807; 564206, 3722886; 564204, 3723251; 564211, 3723251; 564211, 3723251; 564210, 3723363; 564243, 3723406; 564268, 3723438; 564398, 3723605; 564418, 3723631; 564418, 3723632; 564419, 3723632; 564419, 3723632; 564419, 3723633; 564419, 3723633; 564420, 3723633; 564420, 3723634; 564420, 3723634; 564421, 3723635; 564421, 3723635; 564421, 3723635; 564422, 3723636; 564422, 3723637; 564422, 3723637; 564423, 3723637; 564423, 3723638; 564423, 3723638; 564423, 3723638; 564423, 3723638; 564423, 3723639; 564424, 3723639; 564424, 3723639; 564424, 3723640; 564424, 3723640; 564425, 3723641; 564425, 3723641; 564425, 3723641; 564425, 3723642; 564426, 3723642; 564426, 3723643; 564426, 3723644; 564427, 3723644; 564427, 3723645; 564427, 3723645; 564428, 3723646; 564428, 3723646; 564428, 3723647; 564428, 3723647; 564429, 3723648; 564429, 3723648; 564429, 3723649; 564430, 3723649; 564430, 3723650; 564430, 3723650; 564430, 3723650; 564430, 3723651; 564431, 3723652; 564431, 3723652; 564431, 3723652; 564431, 3723653; 564432, 3723653; 564432, 3723654; 564432, 3723654; 564432, 3723655; 564432, 3723655; 564433, 3723656; 564433, 3723656; 564438, 3723663; 564442, 3723714; 564442, 3723714; 564435, 3723789; 564440, 3723798; 564463, 3723846; 564481, 3723875; 564488, 3723896; 564506, 3723919; 564509, 3723922; 564514, 3723928; 564568, 3723964; 564581, 3723968; 564581, 3723969; 564582, 3723969; 564582, 3723969; 564583, 3723969; 564640, 3723990; 564641, 3723991; 564641, 3723991; 564642, 3723991; 564642, 3723991; 564653, 3723995; 564653, 3724000; 564700, 3724000; 564700, 3724073; 564917, 3724081; 564924, 3724081; 565084, 3724082; 565162, 3724083; 565138, 3724144; 565147, 3724163; 565165, 3724200; 565176, 3724200; 565187, 3724196; 565216, 3724186; 565378, 3724172; 565428, 3724264; 565296, 3724353; 565282, 3724363; 565257, 3724379; 565257, 3724421; 565274, 3724448; 565290, 3724441; 565310, 3724432; 565317, 3724438; 565346, 3724460; 565355, 3724622; 565348, 3724812; 565307, 3724890; 565266, 3724966; 565240, 3725013; 565289, 3725063; 565312, 3725087; 565341, 3725165; 565422, 3725156; 565464, 3725152; 565490, 3725149; 565493, 3725149; 565522, 3725145; 565556, 3725116; 565619, 3725062; 565757, 3725065; 565842, 3725067; 565907, 3725026; 565944, 3725002; 565945, 3725002; 565945, 3725002; 565945, 3725002; 565946, 3725001; 565946, 3725001; 565946, 3725001; 565947, 3725001; 565947, 3725001; 565947, 3725001; 565948, 3725000; 565948, 3725000; 565948, 3725000; 565948, 3725000; 565949, 3725000; 565949, 3725000; 565949, 3725000; 565950, 3725000; 565950, 3725000; 565950, 3725000; 565951, 3725000; 565951, 3724999; 565952, 3724999; 565952, 3724999; 565953, 3724999; 565953, 3724999; 565954, 3724999; 565954, 3724999; 565955, 3724999; 565955, 3724999; 565956, 3724999; 565956, 3724999; 565956, 3724999; 565957, 3724999; 565957, 3725000; 565958, 3725000; 565958, 3725000; 565959, 3725000; 565959, 3725000; 565959, 3725000; 565960, 3725000; 565960, 3725000; 565960, 3725000; 565961, 3725000; 565961, 3725001; 565961, 3725001; 565962, 3725001; 565962, 3725001; 565962, 3725001; 565962, 3725001; 565963, 3725001; 565963, 3725002; 565964, 3725002; 565964, 3725002; 565964, 3725002; 565965, 3725003; 565965, 3725003; 565965, 3725003; 565966, 3725003; 565966, 3725004; 565966, 3725004; 565967, 3725004; 565967, 3725005; 565967, 3725005; 565968, 3725005; 565968, 3725006; 565968, 3725006; 565969, 3725006; 565969, 3725007; 565969, 3725007; 565969, 3725007; 565970, 3725008; 565970, 3725008; 565970, 3725009; 565970, 3725009; 565971, 3725009; 565971, 3725010; 565971, 3725010; 565971, 3725011; 565971, 3725011; 565971, 3725011; 565971, 3725011; 565972, 3725012; 565972, 3725012; 565972, 3725013; 565972, 3725013; 565972, 3725013; 565972, 3725014; 565972, 3725014; 565972, 3725015; 565972, 3725015; 565972, 3725015; 565972, 3725016; 565972, 3725016; 565972, 3725016; 565972, 3725017; 565972, 3725017; 565972, 3725018; 565972, 3725018; 565972, 3725019; 565972, 3725019; 565972, 3725019; 565972, 3725020; 565972, 3725020; 565972, 3725020; 565972, 3725021; 565972, 3725021; 565972, 3725022; 565972, 3725022; 565972, 3725023; 565972, 3725023; 565971, 3725024; 565971, 3725024; 565971, 3725025; 565903, 3725182; 565900, 3725220; 565900, 3725300; 565892, 3725300; 565888, 3725336; 565867, 3725351; 565866, 3725352; 565800, 3725398; 565800, 3725400; 565800, 3725424; 565845, 3725432; 565848, 3725480; 565865, 3725483; 565865, 3725483; 565883, 3725486; 565899, 3725489; 565909, 3725521; 565910, 3725530; 565910, 3725531; 565910, 3725532; 565913, 3725559; 565900, 3725588; 565900, 3725600; 565900, 3725669; 565900, 3725670; 565900, 3725670; 565900, 3725700; 565888, 3725700; 565864, 3725716; 565856, 3725765; 565849, 3725813; 565849, 3725814; 565849, 3725814; 565849, 3725815; 565849, 3725815; 565849, 3725816; 565849, 3725817; 565849, 3725817; 565849, 3725818; 565849, 3725818; 565849, 3725819; 565849, 3725819; 565849, 3725820; 565849, 3725821; 565849, 3725822; 565849, 3725822; 565849, 3725823; 565849, 3725824; 565849, 3725825; 565849, 3725825; 565849, 3725826; 565849, 3725826; 565849, 3725827; 565849, 3725827; 565849, 3725828; 565850, 3725829; 565850, 3725830; 565850, 3725831; 565850, 3725831; 565850, 3725832; 565851, 3725833; 565851, 3725834; 565851, 3725834; 565851, 3725835; 565852, 3725836; 565852, 3725837; 565852, 3725837; 565852, 3725838; 565853, 3725838; 565853, 3725839; 565853, 3725839; 565853, 3725840; 565854, 3725841; 565854, 3725842; 565855, 3725842; 565855, 3725843; 565856, 3725844; 565856, 3725845; 565857, 3725846; 565858, VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57772 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules 3725848; 565859, 3725849; 565860, 3725850; 565861, 3725851; 565861, 3725851; 565862, 3725852; 565862, 3725852; 565862, 3725852; 565863, 3725853; 565863, 3725854; 565864, 3725854; 565865, 3725855; 565865, 3725855; 565866, 3725856; 565867, 3725856; 565867, 3725857; 565868, 3725857; 565869, 3725858; 565870, 3725858; 565871, 3725859; 565872, 3725860; 565873, 3725860; 565875, 3725861; 565876, 3725862; 565876, 3725862; 565877, 3725862; 565877, 3725862; 565878, 3725862; 565878, 3725863; 565879, 3725863; 565879, 3725863; 565880, 3725863; 565881, 3725863; 565881, 3725864; 565882, 3725864; 565882, 3725864; 565883, 3725864; 565884, 3725864; 565884, 3725864; 565885, 3725865; 565885, 3725865; 565886, 3725865; 565887, 3725865; 565888, 3725865; 565888, 3725865; 565889, 3725865; 565890, 3725865; 565891, 3725865; 565892, 3725865; 565892, 3725866; 565893, 3725866; 565894, 3725866; 565895, 3725866; 565896, 3725866; 565896, 3725866; 565897, 3725866; 565898, 3725865; 565899, 3725865; 565899, 3725865; 565900, 3725865; 565901, 3725865; 565902, 3725865; 565903, 3725865; 565904, 3725865; 565904, 3725865; 565905, 3725864; 565906, 3725864; 565907, 3725864; 565907, 3725864; 565907, 3725864; 565908, 3725863; 565909, 3725863; 565910, 3725863; 565910, 3725863; 565911, 3725863; 565911, 3725862; 565912, 3725862; 565912, 3725862; 565913, 3725862; 565913, 3725862; 565914, 3725861; 565916, 3725860; 565917, 3725860; 565918, 3725859; 565919, 3725858; 565920, 3725858; 565921, 3725857; 565922, 3725857; 565922, 3725856; 565923, 3725856; 565924, 3725855; 565939, 3725842; 566014, 3725778; 566029, 3725765; 566057, 3725765; 566059, 3725761; 566071, 3725742; 566082, 3725731; 566094, 3725726; 566108, 3725722; 566115, 3725717; 566125, 3725710; 566130, 3725706; 566131, 3725705; 566137, 3725700; 566142, 3725694; 566145, 3725691; 566149, 3725684; 566153, 3725676; 566159, 3725672; 566165, 3725666; 566168, 3725659; 566168, 3725650; 566168, 3725642; 566166, 3725633; 566165, 3725623; 566164, 3725616; 566165, 3725610; 566167, 3725601; 566172, 3725597; 566177, 3725585; 566179, 3725577; 566176, 3725567; 566173, 3725557; 566168, 3725546; 566167, 3725538; 566165, 3725530; 566163, 3725523; 566161, 3725517; 566161, 3725508; 566165, 3725500; 566171, 3725495; 566175, 3725490; 566182, 3725484; 566190, 3725478; 566194, 3725470; 566199, 3725462; 566206, 3725451; 566210, 3725444; 566219, 3725437; 566229, 3725432; 566240, 3725430; 566253, 3725428; 566260, 3725428; 566261, 3725428; 566272, 3725422; 566278, 3725422; 566283, 3725422; 566293, 3725425; 566302, 3725425; 566313, 3725422; 566315, 3725410; 566313, 3725407; 566314, 3725394; 566318, 3725382; 566322, 3725373; 566329, 3725363; 566336, 3725359; 566348, 3725352; 566355, 3725352; 566368, 3725343; 566372, 3725337; 566376, 3725330; 566388, 3725326; 566396, 3725323; 566407, 3725320; 566417, 3725320; 566426, 3725319; 566439, 3725318; 566449, 3725323; 566461, 3725327; 566468, 3725336; 566476, 3725344; 566481, 3725346; 566493, 3725350; 566501, 3725350; 566510, 3725350; 566515, 3725350; 566525, 3725346; 566537, 3725338; 566546, 3725332; 566555, 3725328; 566566, 3725321; 566575, 3725317; 566581, 3725314; 566591, 3725305; 566593, 3725302; 566597, 3725297; 566602, 3725292; 566608, 3725283; 566615, 3725272; 566620, 3725257; 566623, 3725246; 566623, 3725233; 566623, 3725228; 566595, 3725205; 566576, 3725168; 566573, 3725134; 566569, 3725089; 566569, 3725063; 566576, 3725025; 566599, 3724984; 566610, 3724954; 566629, 3724932; 566644, 3724920; 566670, 3724913; 566672, 3724913; 566693, 3724920; 566715, 3724924; 566749, 3724920; 566771, 3724905; 566773, 3724904; 566798, 3724890; 566820, 3724860; 566846, 3724853; 566906, 3724838; 566910, 3724834; 566924, 3724825; 566940, 3724819; 566951, 3724811; 566963, 3724802; 566967, 3724791; 567005, 3724744; 567014, 3724733; 567023, 3724718; 567031, 3724710; 567045, 3724692; 567054, 3724680; 567063, 3724664; 567072, 3724655; 567113, 3724636; 567119, 3724630; 567136, 3724576; 567136, 3724575; 567136, 3724575; 567136, 3724573; 567137, 3724572; 567137, 3724572; 567137, 3724570; 567137, 3724569; 567137, 3724568; 567137, 3724567; 567137, 3724566; 567137, 3724565; 567137, 3724564; 567137, 3724563; 567138, 3724562; 567138, 3724561; 567138, 3724560; 567138, 3724559; 567138, 3724558; 567138, 3724556; 567138, 3724555; 567138, 3724554; 567138, 3724553; 567138, 3724552; 567138, 3724551; 567138, 3724550; 567138, 3724549; 567138, 3724548; 567138, 3724547; 567138, 3724545; 567138, 3724544; 567138, 3724544; 567138, 3724542; 567138, 3724541; 567138, 3724540; 567138, 3724539; 567138, 3724538; 567138, 3724537; 567138, 3724536; 567138, 3724535; 567137, 3724534; 567137, 3724533; 567137, 3724532; 567137, 3724531; 567137, 3724530; 567137, 3724528; 567137, 3724527; 567137, 3724527; 567137, 3724525; 567137, 3724524; 567136, 3724523; 567136, 3724522; 567136, 3724521; 567136, 3724520; 567136, 3724519; 567136, 3724518; 567135, 3724517; 567135, 3724516; 567135, 3724515; 567135, 3724514; 567135, 3724513; 567135, 3724512; 567134, 3724511; 567134, 3724510; 567134, 3724509; 567134, 3724508; 567134, 3724507; 567133, 3724506; 567133, 3724505; 567133, 3724504; 567133, 3724503; 567133, 3724502; 567132, 3724501; 567132, 3724500; 567132, 3724500; 567132, 3724499; 567131, 3724498; 567131, 3724497; 567131, 3724496; 567131, 3724495; 567130, 3724494; 567130, 3724493; 567130, 3724492; 567130, 3724491; 567129, 3724490; 567129, 3724490; 567129, 3724489; 567129, 3724488; 567128, 3724487; 567128, 3724486; 567128, 3724485; 567127, 3724484; 567127, 3724483; 567127, 3724482; 567126, 3724481; 567126, 3724480; 567126, 3724479; 567125, 3724479; 567125, 3724478; 567125, 3724476; 567124, 3724475; 567124, 3724474; 567123, 3724473; 567123, 3724472; 567122, 3724471; 567122, 3724470; 567121, 3724469; 567121, 3724467; 567120, 3724466; 567120, 3724465; 567119, 3724464; 567119, 3724463; 567119, 3724462; 567118, 3724461; 567117, 3724460; 567117, 3724459; 567082, 3724391; 567079, 3724385; 567078, 3724384; 567078, 3724384; 567077, 3724383; 567077, 3724382; 567076, 3724381; 567076, 3724381; 567076, 3724380; 567075, 3724380; 567075, 3724379; 567075, 3724379; 567074, 3724378; 567074, 3724378; 567074, 3724377; 567073, 3724376; 567072, 3724375; 567072, 3724374; 567071, 3724373; 567071, 3724373; 567071, 3724372; 567070, 3724372; 567070, 3724371; 567070, 3724371; 567069, 3724370; 567069, 3724370; 567069, 3724369; 567068, 3724369; 567068, 3724368; 567067, 3724367; 567066, 3724366; 567066, 3724365; 567066, 3724365; 567066, 3724364; 567065, 3724364; 567065, 3724363; 567065, 3724363; 567064, 3724362; 567064, 3724362; 567064, 3724361; 567063, 3724361; 567063, 3724360; 567062, 3724359; 567062, 3724358; 567061, 3724357; 567061, 3724357; 567061, 3724356; 567060, 3724356; 567060, 3724355; 567060, 3724355; 567059, 3724354; 567059, 3724354; 567059, 3724354; 567059, 3724353; 567058, 3724353; 567058, 3724352; 567057, 3724351; 567056, 3724350; 567056, 3724349; 567055, 3724348; 567055, VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57773 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules 3724348; 567055, 3724347; 567054, 3724347; 567054, 3724346; 567054, 3724345; 567039, 3724324; 566895, 3724115; 566884, 3724097; 566839, 3724025; 566839, 3724025; 566838, 3724023; 566821, 3723993; 566820, 3723992; 566820, 3723991; 566820, 3723991; 566820, 3723990; 566819, 3723990; 566819, 3723990; 566819, 3723989; 566819, 3723989; 566819, 3723988; 566818, 3723988; 566818, 3723988; 566818, 3723987; 566818, 3723987; 566818, 3723987; 566817, 3723986; 566817, 3723985; 566817, 3723984; 566816, 3723984; 566816, 3723983; 566816, 3723983; 566816, 3723982; 566816, 3723982; 566816, 3723981; 566815, 3723981; 566815, 3723980; 566815, 3723980; 566815, 3723979; 566815, 3723979; 566815, 3723978; 566814, 3723978; 566814, 3723977; 566814, 3723977; 566814, 3723976; 566814, 3723976; 566814, 3723975; 566814, 3723975; 566814, 3723974; 566814, 3723974; 566813, 3723973; 566813, 3723973; 566813, 3723972; 566813, 3723972; 566813, 3723971; 566813, 3723971; 566813, 3723970; 566813, 3723970; 566813, 3723969; 566813, 3723969; 566813, 3723968; 566812, 3723968; 566812, 3723967; 566812, 3723967; 566812, 3723966; 566812, 3723966; 566812, 3723965; 566812, 3723964; 566812, 3723964; 566812, 3723964; 566812, 3723963; 566812, 3723962; 566812, 3723962; 566812, 3723962; 566812, 3723961; 566812, 3723961; 566812, 3723960; 566812, 3723960; 566812, 3723960; 566812, 3723959; 566812, 3723958; 566812, 3723958; 566812, 3723957; 566812, 3723957; 566812, 3723956; 566812, 3723956; 566812, 3723955; 566812, 3723955; 566812, 3723954; 566812, 3723954; 566812, 3723953; 566812, 3723953; 566812, 3723952; 566812, 3723951; 566812, 3723951; 566812, 3723951; 566812, 3723950; 566812, 3723950; 566813, 3723949; 566813, 3723949; 566813, 3723948; 566813, 3723947; 566813, 3723947; 566813, 3723946; 566813, 3723945; 566813, 3723944; 566814, 3723944; 566814, 3723944; 566814, 3723943; 566814, 3723943; 566814, 3723942; 566814, 3723942; 566814, 3723941; 566814, 3723941; 566814, 3723941; 566815, 3723940; 566815, 3723940; 566815, 3723939; 566815, 3723939; 566815, 3723938; 566815, 3723938; 566815, 3723937; 566816, 3723936; 566816, 3723936; 566816, 3723935; 566816, 3723935; 566817, 3723934; 566817, 3723934; 566817, 3723933; 566817, 3723932; 566818, 3723932; 566818, 3723931; 566819, 3723930; 566819, 3723929; 566819, 3723928; 566819, 3723928; 566819, 3723928; 566671, 3723064; 566260, 3722203; 566388, 3720917; 566353, 3720941; 566309, 3720971; 566293, 3721009; 566274, 3721104; 566129, 3721224; 566033, 3721260; 565979, 3721270; 565929, 3721299; 565866, 3721304; 565805, 3721314; 565738, 3721360; 565701, 3721350; 565674, 3721325; 565625, 3721325; 565563, 3721312; 565562, 3721295; 565593, 3721249; 565653, 3721198; 565713, 3721195; 565711, 3721141; 565795, 3721105; 565837, 3721053; 565887, 3721000; 565873, 3720960; 565914, 3720923; 565964, 3720933; 566048, 3720990; 566160, 3720977; 566281, 3720895; 566354, 3720846; 566351, 3720048; 566360, 3720048; 566412, 3720050; 566456, 3720051; 566458, 3720048; 566457, 3720047; 566454, 3720018; 566442, 3720000; 566437, 3719984; 566429, 3719963; 566423, 3719950; 566417, 3719935; 566406, 3719905; 566400, 3719883; 566395, 3719847; 566399, 3719820; 566424, 3719800; 566540, 3719832; 566999, 3718635; 567828, 3717445; 567827, 3717445; 567829, 3717248; 567928, 3717248; 567929, 3717165; 567939, 3717140; 567971, 3717071; 567988, 3717040; 568014, 3717016; 568023, 3717007; 568033, 3716998; 568041, 3716990; 568074, 3716970; 568095, 3716962; 568130, 3716955; 568172, 3716953; 568253, 3716953; 568338, 3716956; 568383, 3716953; 568408, 3716950; 568432, 3716940; 568731, 3716735; 568868, 3716640; 568956, 3716595; 569647, 3716127; 569648, 3716053; 569752, 3716056; 570607, 3715478; 572371, 3713796; 572894, 3712888; 572887, 3712888; 572887, 3712879; 572896, 3712879; 572899, 3712879; 573765, 3711377; 574462, 3708958; 574216, 3707153; 574298, 3706046; 575487, 3704652; 576963, 3703504; 577258, 3703086; 577373, 3702643; 577399, 3702239; 577935, 3700356; 578628, 3698965; 578791, 3698763; 578557, 3698773; 577751, 3698805; 577343, 3698821; 577106, 3698831; 576945, 3698837; 576140, 3698869; 575492, 3698895; 575417, 3698897; 575143, 3699674; 574762, 3700457; 573744, 3701312; 573761, 3701319; 573705, 3701330; 572330, 3701986; 568229, 3704405; 565194, 3706660; 563472, 3709736; 563267, 3710843; 564169, 3711499; 564702, 3712729; 564333, 3714083; 563867, 3714714; 563618, 3714947; 563515, 3715053; 563462, 3715152; 563469, 3715251; 563434, 3715340; 563397, 3715452; 563355, 3715541; 563245, 3715540; 563208, 3715425; 563139, 3715304; 563044, 3715285; 561914, 3715805; 561616, 3715959; 561616, 3715994; 561549, 3715994; 559453, 3717076; 558346, 3717568; 557485, 3717322; 554983, 3717158; 554614, 3717404; 554573, 3718921; 554447, 3719696; 554448, 3719696; 554445, 3719707; 554327, 3720439; 554179, 3720908; 554179, 3720989; 554154, 3720988; 554068, 3721263; 554083, 3721362; 554090, 3721407; 554098, 3721458; 554128, 3721481; 554148, 3721477; 554175, 3721498; 554178, 3721519; 554219, 3721553; 554219, 3721572; 554218, 3721660; 554218, 3721768; 554218, 3721789; 554126, 3721860; 554087, 3721860; 554067, 3721861; 554067, 3721862; 554067, 3721863; 554067, 3721864; 554067, 3721866; 554067, 3721867; 554067, 3721868; 554066, 3721869; 554066, 3721870; 554066, 3721871; 554066, 3721873; 554065, 3721874; 554065, 3721875; 554064, 3721876; 554064, 3721877; 554063, 3721878; 554063, 3721879; 554062, 3721880; 554046, 3721903; 554046, 3721904; 554045, 3721905; 554044, 3721906; 554044, 3721907; 554043, 3721908; 554042, 3721909; 554041, 3721910; 554041, 3721911; 554040, 3721912; 554040, 3721913; 554039, 3721914; 554038, 3721915; 554038, 3721917; 554037, 3721918; 554037, 3721919; 554036, 3721920; 554035, 3721921; 554035, 3721922; 554034, 3721923; 554034, 3721924; 554033, 3721925; 554033, 3721926; 554032, 3721927; 554032, 3721929; 554031, 3721930; 554031, 3721931; 554031, 3721932; 554030, 3721933; 554030, 3721934; 554029, 3721935; 554029, 3721937; 554028, 3721938; 554028, 3721939; 554028, 3721940; 554027, 3721941; 554027, 3721942; 554027, 3721944; 554026, 3721945; 554026, 3721946; 554026, 3721947; 554025, 3721948; 554025, 3721949; 554025, 3721951; 554025, 3721952; 553999, 3721944; 553976, 3721944; 553975, 3722106; 553974, 3722219; 553974, 3722282; 553973, 3722374; 553883, 3722373; 553766, 3722372; 553692, 3722372; 553644, 3722371; 553488, 3722370; 553366, 3722369; 553367, 3722268; 553367, 3722255; 553367, 3722115; 553368, 3721997; 553368, 3721995; 553015, 3722079; 552072, 3722079; 551826, 3722325; 551621, 3722940; 550924, 3723924; 550473, 3725155; 550719, 3725770; 551498, 3726549; 551457, 3727574; 550596, 3728599; 549324, 3729132; 547479, 3730649; 546905, 3731511; 546126, 3733438; 545593, 3735324; 545593, 3736021; 546126, 3736842; 546659, 3736924; 547192, 3736637; 548109, 3735861; 548109, 3735861; 548109, 3735860; 548109, 3735859; 548109, 3735859; 548109, 3735858; 548109, 3735858; 548109, 3735857; 548108, 3735856; 548108, VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57774 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules 3735856; 548108, 3735855; 548108, 3735855; 548108, 3735854; 548108, 3735853; 548108, 3735853; 548099, 3735741; 548160, 3735740; 548150, 3735603; 548130, 3735533; 548155, 3735523; 548181, 3735513; 548190, 3735509; thence returning to 548200, 3735505. (ii) Note: Map of Unit 2A, North Santa Rosa Mountains (Map 3) follows: BILLING CODE 4310–55–P BILLING CODE 4310–55–C VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2 EP10OC07.002</GPH>pwalker on PROD1PC71 with PROPOSALS2 57775 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules (8) Unit 2B: South Santa Rosa Mountains south to Vallecito Mountains, Riverside, San Diego, and Imperial Counties, California. (i) From USGS 1:24,000 quadrangles Agua Caliente Hot Springs, Arroyo Tapiado, Borrego Mountain, Borrego Mountain SE, Borrego Palm Canyon, Borrego Sink, Bucksnort Mountain, Carrizo Mountain NE, Clark Lake, Clark Lake NE, Collins Valley, Earthquake Valley, Fonts Point, Harper Canyon, Plaster City NW, Rabbit Peak, Seventeen Palms, Tubb Canyon, and Whale Peak. Land bounded by the following Universal Transverse Mercator (UTM) North American Datum of 1927 (NAD27) coordinates (E, N): 552772, 3702586; 552772, 3702567; 552801, 3702567; 552801, 3702539; 552829, 3702539; 552829, 3702511; 552914, 3702511; 552914, 3702482; 552943, 3702482; 552943, 3702454; 552971, 3702454; 552971, 3702426; 552999, 3702426; 552999, 3702397; 553113, 3702397; 553113, 3702369; 553170, 3702369; 553170, 3702340; 553198, 3702340; 553198, 3702312; 553255, 3702312; 553255, 3702284; 553311, 3702284; 553311, 3702255; 553340, 3702255; 553340, 3702284; 553368, 3702284; 553368, 3702312; 553453, 3702312; 553453, 3702284; 553538, 3702284; 553538, 3702255; 553567, 3702255; 553567, 3702227; 553624, 3702227; 553624, 3702199; 553652, 3702199; 553652, 3702227; 553709, 3702227; 553709, 3702255; 553717, 3702255; 554616, 3702119; 556163, 3701891; 557619, 3701709; 559531, 3701800; 560669, 3701800; 561670, 3701390; 562899, 3700617; 564310, 3699934; 569738, 3698190; 570758, 3697602; 570758, 3697546; 570730, 3697546; 570730, 3697433; 570702, 3697433; 570702, 3697404; 570673, 3697404; 570673, 3697262; 570702, 3697262; 570702, 3697206; 570730, 3697206; 570730, 3697177; 570787, 3697177; 570787, 3697206; 570815, 3697206; 570815, 3697234; 570900, 3697234; 570900, 3697177; 570929, 3697177; 570929, 3697149; 570957, 3697149; 570957, 3697121; 571014, 3697121; 571014, 3697092; 571042, 3697092; 571042, 3697064; 571014, 3697064; 571014, 3697036; 570985, 3697036; 570985, 3696950; 570957, 3696950; 570957, 3696894; 571212, 3696894; 571212, 3696865; 571382, 3696865; 571382, 3696752; 571411, 3696752; 571411, 3696667; 571382, 3696667; 571382, 3696553; 571411, 3696553; 571411, 3696525; 571468, 3696525; 571468, 3696497; 571496, 3696497; 571496, 3696440; 571468, 3696440; 571468, 3696326; 571439, 3696326; 571439, 3696270; 571496, 3696270; 571496, 3696241; 571524, 3696241; 571524, 3696184; 571638, 3696184; 571638, 3696156; 571666, 3696156; 571666, 3696128; 571694, 3696128; 571694, 3696071; 571723, 3696071; 571723, 3696043; 571751, 3696043; 571751, 3695901; 571723, 3695901; 571723, 3695759; 571751, 3695759; 571751, 3695731; 571780, 3695731; 571780, 3695702; 571808, 3695702; 571808, 3695645; 571836, 3695645; 571836, 3695589; 571808, 3695589; 571808, 3695532; 571780, 3695532; 571780, 3695475; 571751, 3695475; 571751, 3695447; 571723, 3695447; 571723, 3695390; 571751, 3695390; 571751, 3695362; 571723, 3695362; 571723, 3695333; 571694, 3695333; 571694, 3695192; 571723, 3695192; 571723, 3695163; 571751, 3695163; 571751, 3695192; 571836, 3695192; 571836, 3695163; 571865, 3695163; 571865, 3695078; 571978, 3695078; 571978, 3695050; 572007, 3695050; 572007, 3694993; 571978, 3694993; 571978, 3694965; 571950, 3694965; 571950, 3694879; 571978, 3694879; 571978, 3694851; 572007, 3694851; 572007, 3694823; 572063, 3694823; 572063, 3694738; 572035, 3694738; 572035, 3694709; 572007, 3694709; 572007, 3694624; 571978, 3694624; 571978, 3694596; 571921, 3694596; 571921, 3694511; 571950, 3694511; 571950, 3694369; 572092, 3694369; 572092, 3694340; 572177, 3694340; 572177, 3694312; 572205, 3694312; 572205, 3694085; 572177, 3694085; 572177, 3693830; 572319, 3693830; 572319, 3693660; 572290, 3693660; 572290, 3693546; 572319, 3693546; 572319, 3693518; 572347, 3693518; 572347, 3693489; 572404, 3693489; 572404, 3693461; 572432, 3693461; 572432, 3693489; 572460, 3693489; 572460, 3693518; 572489, 3693518; 572489, 3693546; 572517, 3693546; 572517, 3693574; 572546, 3693574; 572546, 3693603; 572602, 3693603; 572602, 3693660; 572631, 3693660; 572631, 3693688; 572687, 3693688; 572687, 3693716; 572744, 3693716; 572744, 3693773; 572801, 3693773; 572801, 3693745; 572829, 3693745; 572829, 3693716; 572858, 3693716; 572858, 3693603; 572886, 3693603; 572886, 3693575; 572914, 3693575; 572914, 3693518; 572971, 3693518; 572971, 3693489; 572999, 3693489; 572999, 3693404; 573028, 3693404; 573028, 3693149; 573056, 3693149; 573056, 3693121; 573085, 3693121; 573085, 3693007; 573113, 3693007; 573113, 3692979; 573141, 3692979; 573141, 3692950; 573170, 3692950; 573170, 3692979; 573198, 3692979; 573198, 3692950; 573312, 3692950; 573312, 3692894; 573340, 3692894; 573340, 3692837; 573368, 3692837; 573368, 3692809; 573425, 3692809; 573425, 3692752; 573453, 3692752; 573453, 3692723; 573482, 3692723; 573482, 3692667; 573510, 3692667; 573510, 3692638; 573538, 3692638; 573538, 3692610; 573567, 3692610; 573567, 3692582; 573595, 3692582; 573595, 3692525; 573624, 3692525; 573624, 3692411; 573652, 3692411; 573652, 3692355; 573680, 3692355; 573680, 3692326; 573709, 3692326; 573709, 3692270; 573737, 3692270; 573737, 3692241; 573765, 3692241; 573765, 3692184; 573794, 3692184; 573794, 3692128; 573822, 3692128; 573822, 3692071; 573879, 3692071; 573879, 3692099; 573907, 3692099; 573907, 3692326; 573879, 3692326; 573879, 3692468; 573851, 3692468; 573851, 3692610; 573822, 3692610; 573822, 3692752; 573851, 3692752; 573851, 3692780; 573822, 3692780; 573822, 3692979; 573851, 3692979; 574588, 3693121; 574588, 3693064; 574560, 3693061; 574560, 3693035; 574531, 3693035; 574531, 3693007; 574503, 3693007; 574503, 3692979; 574475, 3692979; 574475, 3692865; 574560, 3692865; 574560, 3692837; 574645, 3692837; 574645, 3692780; 574730, 3692780; 574730, 3692752; 574758, 3692752; 574758, 3692695; 574730, 3692695; 574730, 3692638; 574702, 3692638; 574702, 3692582; 574730, 3692582; 574730, 3692610; 574815, 3692610; 574815, 3692553; 574843, 3692553; 574843, 3692525; 574872, 3692525; 574872, 3692411; 574900, 3692411; 574900, 3692383; 574985, 3692383; 574985, 3692496; 575014, 3692496; 575014, 3692610; 575042, 3692610; 575042, 3692667; 575127, 3692667; 575127, 3692638; 575156, 3692638; 575156, 3692610; 575184, 3692610; 575184, 3692582; 575212, 3692582; 575212, 3692553; 575326, 3692553; 575326, 3692582; 575354, 3692582; 575354, 3692610; 575382, 3692610; 575382, 3692582; 575411, 3692582; 575411, 3692525; 575439, 3692525; 575439, 3692468; 575411, 3692468; 575411, 3692355; 575439, 3692355; 575439, 3692326; 575468, 3692326; 575468, 3692298; 575553, 3692298; 575553, 3692270; 575581, 3692270; 575581, 3692213; 575553, 3692213; 575553, 3692184; 575581, 3692184; 575581, 3692128; 575609, 3692128; 575609, 3692099; 575638, 3692099; 575638, 3692071; 575609, 3692071; 575609, 3692014; 575581, 3692014; 575581, 3691957; 575553, 3691957; 575553, 3691901; 575524, 3691901; 575524, 3691787; 575581, 3691787; 575581, 3691645; 575609, 3691645; 575609, 3691589; 575666, 3691589; 575666, VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57776 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules 3691560; 575695, 3691560; 575695, 3691504; 575723, 3691504; 575723, 3691475; 575751, 3691475; 575751, 3691447; 575780, 3691447; 575780, 3691390; 575808, 3691390; 575808, 3691362; 575836, 3691362; 575836, 3691277; 575893, 3691277; 575893, 3691305; 575921, 3691305; 575921, 3691333; 575950, 3691333; 575978, 3691333; 575978, 3691447; 575950, 3691447; 575950, 3691532; 576007, 3691532; 576007, 3691504; 576120, 3691504; 576120, 3691475; 576148, 3691475; 576148, 3691447; 576177, 3691447; 576177, 3691248; 576205, 3691248; 576205, 3691220; 576262, 3691220; 576262, 3691248; 576319, 3691248; 576319, 3691532; 576347, 3691532; 576347, 3691617; 576375, 3691617; 576375, 3691674; 576347, 3691674; 576347, 3691759; 576404, 3691759; 576404, 3691816; 576489, 3691816; 576489, 3691759; 576517, 3691759; 576517, 3691731; 576546, 3691731; 576546, 3691702; 576574, 3691702; 576574, 3691504; 576744, 3691504; 576744, 3691447; 576716, 3691447; 576716, 3691333; 576687, 3691333; 576687, 3691305; 576659, 3691305; 576659, 3691248; 576631, 3691248; 576631, 3691163; 576687, 3691163; 576687, 3691135; 576744, 3691135; 576744, 3691021; 576716, 3691021; 576716, 3690879; 576744, 3690879; 576744, 3690851; 576801, 3690851; 576801, 3690879; 576886, 3690879; 576886, 3690851; 576943, 3690851; 576943, 3690879; 576971, 3690879; 576971, 3690908; 576943, 3690908; 576943, 3690965; 576971, 3690965; 576971, 3691050; 576999, 3691050; 576999, 3691106; 577028, 3691106; 577028, 3691191; 577056, 3691191; 577056, 3691220; 577085, 3691220; 577085, 3691248; 577170, 3691248; 577170, 3691220; 577198, 3691220; 577198, 3691191; 577226, 3691191; 577226, 3691163; 577255, 3691163; 577255, 3691135; 577283, 3691135; 577283, 3691163; 577312, 3691163; 577312, 3691191; 577340, 3691191; 577340, 3691277; 577397, 3691277; 577397, 3691248; 577453, 3691248; 577453, 3691220; 577510, 3691220; 577510, 3691248; 577567, 3691248; 577567, 3691277; 577624, 3691277; 577624, 3691248; 577652, 3691248; 577652, 3691220; 577680, 3691220; 577680, 3691191; 577737, 3691191; 577737, 3691277; 577765, 3691277; 577765, 3691305; 577794, 3691305; 577794, 3691362; 577822, 3691362; 577822, 3691390; 577851, 3691390; 577851, 3691418; 577936, 3691418; 577936, 3691447; 578021, 3691447; 578021, 3691475; 578049, 3691475; 578049, 3691560; 578021, 3691560; 578021, 3691617; 577992, 3691617; 577992, 3691731; 577964, 3691731; 577964, 3691759; 577942, 3691813; 577944, 3691860; 577997, 3691933; 578006, 3692036; 578030, 3692165; 578021, 3692284; 577993, 3692375; 577954, 3692414; 577905, 3692446; 577824, 3692457; 577748, 3692443; 577660, 3692384; 577557, 3692341; 577449, 3692316; 577381, 3692264; 577315, 3692216; 577182, 3692146; 577141, 3692070; 577077, 3692027; 577006, 3692042; 576933, 3691993; 576879, 3691970; 576836, 3691965; 576798, 3691978; 576773, 3692043; 576744, 3692043; 576744, 3692383; 576659, 3692383; 576659, 3692411; 576574, 3692411; 576574, 3692440; 576460, 3692440; 576460, 3692468; 576404, 3692468; 576404, 3692496; 576290, 3692496; 576290, 3692525; 576234, 3692525; 576234, 3692582; 576177, 3692582; 576177, 3692610; 576148, 3692610; 576148, 3692638; 576092, 3692638; 576092, 3692723; 576063, 3692723; 576063, 3692809; 576092, 3692809; 576092, 3692837; 576063, 3692837; 576063, 3692979; 576035, 3692979; 576035, 3693036; 576007, 3693036; 576007, 3693121; 575978, 3693121; 575978, 3693149; 575950, 3693149; 575950, 3693177; 575921, 3693177; 575921, 3693149; 575836, 3693149; 575836, 3693177; 575723, 3693177; 575723, 3693262; 575751, 3693262; 575751, 3693348; 575780, 3693348; 575780, 3693376; 575808, 3693376; 575808, 3693404; 575780, 3693404; 575780, 3693433; 575638, 3693433; 575638, 3693404; 575524, 3693404; 575524, 3693433; 575439, 3693433; 575439, 3693404; 575382, 3693404; 575382, 3693433; 575241, 3693433; 575241, 3693489; 575212, 3693489; 575212, 3693518; 575127, 3693518; 575127, 3693489; 575099, 3693489; 575099, 3693433; 575070, 3693433; 575070, 3693461; 575014, 3693461; 575014, 3693546; 574985, 3693546; 574985, 3693575; 575014, 3693575; 575014, 3693603; 574985, 3693603; 574985, 3693631; 574957, 3693631; 574957, 3693603; 574929, 3693603; 574882, 3693602; 574694, 3694053; 574529, 3694524; 574506, 3694971; 574529, 3695794; 574647, 3696406; 574906, 3696664; 575258, 3696758; 575280, 3696752; 575274, 3696773; 575645, 3697220; 575513, 3698626; 575417, 3698897; 575492, 3698895; 576140, 3698869; 576945, 3698837; 577106, 3698831; 577343, 3698821; 577751, 3698805; 578557, 3698773; 578791, 3698763; 579475, 3697914; 580051, 3696677; 579551, 3693708; 582948, 3690942; 583903, 3689828; 584752, 3688448; 585283, 3687440; 585601, 3686060; 585176, 3685052; 584327, 3684415; 583001, 3683885; 581412, 3683518; 578544, 3683407; 573769, 3685728; 571103, 3688624; 569357, 3691796; 568621, 3693129; 566231, 3694186; 563703, 3695151; 561175, 3695013; 558785, 3695335; 558279, 3694324; 558279, 3693450; 559382, 3692439; 560945, 3692347; 563703, 3692072; 564438, 3691198; 565312, 3687981; 565266, 3686326; 564209, 3684533; 563611, 3684809; 558831, 3689222; 557452, 3689314; 556533, 3689176; 556165, 3688256; 554924, 3681592; 554740, 3679385; 555843, 3676536; 556900, 3673686; 559934, 3670560; 564071, 3668400; 571333, 3665412; 576113, 3663390; 580066, 3661735; 582640, 3660448; 583515, 3655760; 585457, 3653852; 588867, 3652806; 590732, 3652397; 592550, 3651942; 594597, 3650441; 595642, 3648486; 595506, 3647213; 594960, 3645894; 593824, 3644985; 591505, 3645076; 589095, 3645485; 587412, 3646167; 583884, 3649167; 581648, 3650315; 578804, 3650497; 574811, 3651340; 572685, 3651727; 570688, 3651276; 569658, 3650825; 568964, 3650527; 568047, 3650310; 567279, 3650197; 566460, 3650255; 565466, 3650948; 564605, 3651791; 564019, 3652596; 563917, 3652839; 563977, 3653013; 564098, 3653155; 564244, 3653230; 564404, 3653262; 564518, 3653262; 564546, 3653262; 564546, 3653205; 564575, 3653205; 564575, 3653177; 564631, 3653177; 564631, 3653205; 564688, 3653205; 564688, 3653233; 564716, 3653233; 564716, 3653262; 564773, 3653262; 564773, 3653290; 564830, 3653290; 564830, 3653319; 564858, 3653319; 564858, 3653347; 564915, 3653347; 564915, 3653319; 565057, 3653319; 565057, 3653347; 565142, 3653347; 565142, 3653319; 565227, 3653319; 565227, 3653290; 565539, 3653290; 565539, 3653262; 565567, 3653262; 565567, 3653233; 565596, 3653233; 565596, 3653205; 565624, 3653205; 565624, 3653148; 565596, 3653148; 565596, 3653092; 565709, 3653092; 565709, 3653063; 565738, 3653063; 565738, 3653035; 565794, 3653035; 565794, 3653006; 565823, 3653006; 565823, 3652978; 565851, 3652978; 565851, 3652950; 565936, 3652950; 565936, 3652978; 565965, 3652978; 565965, 3653006; 565993, 3653006; 565993, 3653035; 566021, 3653035; 566021, 3653063; 566078, 3653063; 566078, 3653148; 566050, 3653148; 566050, 3653177; 566021, 3653177; 566021, 3653205; 566135, 3653205; 566135, 3653177; 566163, 3653177; 566163, 3653205; 566192, 3653205; 566192, 3653262; 566220, 3653262; 566220, 3653290; 566277, 3653290; 566277, VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57777 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules 3653319; 566305, 3653319; 566305, 3653375; 566277, 3653375; 566277, 3653404; 566248, 3653404; 566248, 3653432; 566277, 3653432; 566277, 3653517; 566248, 3653517; 566248, 3653574; 566305, 3653574; 566305, 3653631; 566277, 3653631; 566277, 3653659; 566248, 3653659; 566248, 3653687; 566192, 3653687; 566192, 3653659; 566135, 3653659; 566135, 3653744; 566163, 3653744; 566163, 3653801; 566192, 3653801; 566192, 3653829; 566248, 3653829; 566248, 3653801; 566277, 3653801; 566277, 3653772; 566333, 3653772; 566333, 3653744; 566390, 3653744; 566390, 3653716; 566560, 3653716; 566560, 3653687; 566589, 3653687; 566589, 3653659; 566645, 3653659; 566645, 3653631; 566674, 3653631; 566674, 3653602; 566702, 3653602; 566702, 3653574; 566731, 3653574; 566731, 3653545; 566759, 3653545; 566759, 3653517; 566844, 3653517; 566844, 3653489; 566816, 3653489; 566816, 3653460; 566787, 3653460; 566787, 3653432; 566759, 3653432; 566759, 3653404; 566731, 3653404; 566731, 3653347; 566702, 3653347; 566702, 3653319; 566674, 3653319; 566674, 3653262; 566645, 3653262; 566645, 3653233; 566589, 3653233; 566589, 3653205; 566560, 3653205; 566560, 3653233; 566532, 3653233; 566532, 3653177; 566504, 3653177; 566504, 3653148; 566532, 3653148; 566532, 3653092; 566560, 3653092; 566560, 3653063; 566589, 3653063; 566589, 3653035; 566674, 3653035; 566674, 3653063; 566731, 3653063; 566731, 3653092; 566759, 3653092; 566759, 3653120; 566787, 3653120; 566787, 3653148; 566872, 3653148; 566872, 3653177; 566957, 3653177; 566957, 3653205; 566986, 3653205; 566986, 3653233; 567014, 3653233; 567014, 3653290; 566986, 3653290; 566986, 3653319; 566957, 3653319; 566957, 3653347; 566901, 3653347; 566901, 3653375; 566872, 3653375; 566872, 3653432; 566901, 3653432; 566901, 3653489; 566957, 3653489; 566957, 3653517; 567071, 3653517; 567071, 3653489; 567241, 3653489; 567241, 3653517; 567355, 3653517; 567355, 3653545; 567440, 3653545; 567440, 3653517; 567468, 3653517; 567468, 3653489; 567496, 3653489; 567496, 3653432; 567553, 3653432; 567553, 3653460; 567582, 3653460; 567582, 3653489; 567638, 3653489; 567638, 3653517; 567667, 3653517; 567667, 3653489; 567780, 3653489; 567780, 3653545; 567752, 3653545; 567752, 3653602; 567723, 3653602; 567723, 3653631; 567695, 3653631; 567695, 3653659; 567667, 3653659; 567667, 3653687; 567638, 3653687; 567638, 3653829; 567610, 3653829; 567610, 3653943; 567468, 3653943; 567468, 3653914; 567411, 3653914; 567411, 3653886; 567355, 3653886; 567355, 3653858; 567298, 3653858; 567298, 3653829; 567270, 3653829; 567270, 3653858; 567184, 3653858; 567184, 3653886; 567156, 3653886; 567156, 3653914; 567099, 3653914; 567099, 3653943; 567071, 3653943; 567071, 3653971; 567099, 3653971; 567099, 3654028; 567128, 3654028; 567128, 3654056; 567156, 3654056; 567156, 3654084; 567241, 3654084; 567241, 3654113; 567298, 3654113; 567298, 3654141; 567355, 3654141; 567355, 3654340; 567383, 3654340; 567383, 3654397; 567298, 3654397; 567298, 3654425; 567270, 3654425; 567270, 3654510; 567326, 3654510; 567326, 3654595; 567270, 3654595; 567270, 3654624; 567156, 3654624; 567156, 3654652; 567128, 3654652; 567128, 3654680; 567071, 3654680; 567071, 3654709; 567014, 3654709; 566216, 3654880; 565299, 3655720; 564154, 3656560; 563753, 3657028; 562755, 3657358; 562092, 3657629; 561252, 3657782; 560641, 3658164; 558413, 3659512; 557263, 3660178; 557445, 3662054; 557021, 3663264; 556335, 3663929; 556009, 3665045; 555823, 3665882; 555172, 3666626; 554521, 3667556; 554196, 3668486; 554010, 3669462; 554242, 3670113; 554661, 3670585; 554903, 3671311; 552665, 3672703; 552483, 3673973; 551273, 3676030; 550747, 3676670; 550555, 3677054; 550555, 3677601; 550849, 3678390; 551092, 3679540; 550870, 3680865; 550929, 3680865; 550929, 3680893; 550957, 3680893; 550957, 3680922; 550985, 3680922; 550985, 3680950; 551127, 3680950; 551127, 3680922; 551156, 3680922; 551156, 3680950; 551354, 3680950; 551354, 3680978; 551383, 3680978; 551383, 3681035; 551411, 3681035; 551411, 3681092; 551383, 3681092; 551383, 3681120; 551354, 3681120; 551354, 3681149; 551326, 3681149; 551326, 3681205; 551298, 3681205; 551298, 3681262; 551269, 3681262; 551269, 3681319; 551298, 3681319; 551298, 3681461; 551326, 3681461; 551326, 3681574; 551298, 3681574; 551298, 3681603; 551127, 3681603; 551127, 3681631; 551099, 3681631; 551099, 3681659; 551071, 3681659; 551071, 3681688; 551042, 3681688; 551042, 3681716; 550985, 3681716; 550985, 3681688; 550957, 3681688; 550957, 3681631; 550929, 3681631; 550929, 3681603; 550872, 3681603; 550872, 3681574; 550844, 3681574; 550844, 3681546; 550702, 3681546; 550702, 3681517; 550617, 3681517; 550617, 3681546; 550416, 3681546; 550333, 3681652; 550333, 3681659; 550327, 3681659; 550305, 3681688; 550305, 3681716; 550283, 3681716; 550276, 3681724; 550276, 3681744; 550261, 3681744; 549760, 3682384; 549700, 3683291; 550486, 3684441; 551515, 3685469; 550849, 3686679; 549518, 3689342; 548671, 3690854; 546070, 3695090; 544980, 3695937; 544617, 3696905; 545888, 3697631; 546191, 3698478; 545222, 3699809; 545172, 3700536; 544779, 3700891; 543838, 3701122; 543700, 3701200; 543600, 3701200; 543600, 3701500; 543769, 3701639; 544355, 3701901; 544740, 3702171; 545195, 3702271; 547397, 3702286; 547571, 3702255; 547729, 3702212; 547826, 3702175; 547943, 3702114; 548059, 3702055; 548190, 3701939; 548253, 3701863; 548253, 3701768; 548209, 3701711; 548133, 3701673; 547949, 3701603; 547891, 3701565; 547891, 3701476; 548006, 3701380; 548076, 3701279; 548203, 3701234; 548317, 3701247; 548431, 3701272; 548602, 3701347; 548744, 3701347; 548744, 3701376; 548772, 3701376; 548772, 3701461; 548801, 3701461; 548801, 3701489; 548886, 3701489; 549375, 3701732; 549903, 3701990; 550456, 3702236; 551046, 3702494; 551673, 3702715; 552177, 3702794; 552296, 3702778; 552431, 3702734; 552589, 3702681; 552696, 3702627; thence returning to 552772, 3702586. (ii) Note: Map of Unit 2B, South Santa Rosa Mountains south to Vallecito Mountains (Map 4) follows: BILLING CODE 4310–55–P VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57778 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules BILLING CODE 4310–55–C VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2 EP10OC07.003</GPH>pwalker on PROD1PC71 with PROPOSALS2 57779 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules (9) Unit 3: Carrizo Canyon, San Diego and Imperial Counties, California. (i) From USGS 1:24,000 quadrangles Agua Caliente Hot Springs, Arroyo Tapiado, Carrizo Mountain, In-Ko-Pah Gorge, Jacumba, Painted Gorge, Sombrero Peak, and Sweeney Pass. Land bounded by the following Universal Transverse Mercator (UTM) North American Datum of 1927 (NAD27) coordinates (E, N): 574159, 3634261; 574922, 3634108; 575915, 3634261; 577290, 3634566; 578359, 3634566; 579199, 3634261; 580039, 3633879; 581032, 3633421; 582406, 3633192; 583705, 3632810; 584697, 3632810; 586225, 3633039; 587370, 3633497; 588134, 3633726; 588821, 3633879; 589738, 3634795; 589508, 3635253; 589738, 3635635; 590119, 3635941; 590959, 3635941; 591952, 3635559; 592792, 3635406; 593632, 3634871; 594320, 3634031; 595083, 3632810; 595771, 3631511; 596000, 3630519; 595923, 3629679; 595312, 3628915; 594702, 3628304; 594167, 3628075; 592411, 3627998; 591189, 3627998; 590425, 3627998; 589280, 3628228; 588058, 3628915; 587141, 3629144; 586301, 3629449; 585003, 3629984; 583857, 3630595; 583170, 3630748; 582330, 3630671; 581566, 3630824; 580650, 3630824; 579581, 3630671; 578664, 3629679; 578283, 3628915; 578283, 3628151; 578206, 3626700; 578130, 3625784; 577595, 3625631; 577290, 3625326; 577214, 3624791; 577290, 3623951; 577825, 3623187; 578512, 3622653; 579275, 3621736; 580039, 3621126; 583136, 3619091; 585446, 3617261; 585698, 3616826; 585744, 3615522; 585561, 3614538; 584920, 3613898; 584193, 3613692; 583552, 3613600; 583021, 3614241; 582399, 3615485; 581960, 3616712; 580596, 3618451; 580070, 3618565; 579046, 3618300; 578054, 3617918; 578061, 3617609; 577347, 3616950; 576981, 3616492; 576221, 3616085; 575763, 3615856; 574923, 3615933; 574159, 3616238; 573548, 3616620; 573013, 3616849; 572326, 3617154; 571562, 3617765; 570875, 3618453; 570799, 3618987; 570417, 3619751; 570493, 3620515; 570722, 3621813; 570722, 3622500; 570722, 3623493; 570646, 3624333; 570417, 3625097; 570417, 3625937; 570188, 3626700; 570417, 3627846; 572249, 3630519; 572555, 3631664; 572478, 3632657; 572020, 3633955; 571486, 3634872; 570951, 3635864; 570187, 3637239; 569729, 3637774; 569042, 3638156; 568125, 3638308; 567209, 3638614; 566674, 3638996; 566522, 3639606; 566216, 3640294; 565911, 3641134; 565681, 3641668; 565376, 3642050; 564841, 3642508; 564460, 3642890; 564536, 3643425; 565147, 3644265; 565452, 3645029; 567132, 3644799; 568278, 3644189; 569271, 3643501; 569958, 3642508; 570111, 3641897; 570874, 3641668; 571715, 3640676; 572249, 3639072; 572937, 3638232; 573318, 3637086; 573318, 3635635; 573548, 3634643; thence returning to 574159, 3634261. (ii) Note: Map of Unit 3, Carrizo Canyon (Map 5) follows: BILLING CODE 4310–55–P VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2pwalker on PROD1PC71 with PROPOSALS2 57780 Federal Register /Vol. 72, No. 195/Wednesday, October 10, 2007/Proposed Rules * * * * * Dated: September 28, 2007. Todd Willens, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 07–4959 Filed 10–9–07; 8:45 am] BILLING CODE 4310–55–C VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2 EP10OC07.004</GPH>pwalker on PROD1PC71 with PROPOSALS2 Exhibit 2 Diagram of bighorn sheep (Ovis canadensis)contributed by Ken Carison for listing of endangered status of Peninsularbighorn sheep.Copyright granted by Mr.Carison. Recovery Plan for Bighorn Sheep in the Peninsular Ranges, California U.S.Fish and Wildlife Service Region 1 Manager,C ia/Nevada Operations Office Region ,U.S.Fish and Wildlife Service Approved: Date: The Recovery Plan for Bighorn Sheep in the Peninsular Ranges,California,was developed in cooperation with: Bureau of Land Management U.S.Forest Service Agua Caliente Band of Cahuilla Indians California Department of Fish and Game CaliforniaDepartment of Parks and Recreation Date:~ Date:IQ41.7./L2Q. Tnbal Chairman, Agua Caliente Band of Cahuilla Indians Date:/Pz—00Ii._Director. Ca fornia Department Fish and Game Date:__________ Director, California Dep yent of Parks and Recrcation PrimaryAuthor The primary author of this recoveryplan is: Esther Rubin University of California, Davis Davis,California The plan was written with the assistance of the Peninsular Bighom Sheep Recovery Team (see Acknowledgments). i Disclaimer Recovery plans delineate reasonable actions required to recover andlorprotect listed species.We,the Fish and Wildlife Service,publish recovery plans, sometimes preparing them with the assistance of recovery teams,contractors, State and other Federal agencies,Tribes,and otheraffected and interested parties. Recoveryteams serve as independent advisors to the Fish and Wildlife Service. Objectives of the plan will be attained and any necessaryfunds made available, subject to budgetary and other constraints affecting theparties involved. Recoveryplans do not obligate cooperating or otherparties to undertake specific tasks and maynot represent the views nor the official positions or approval of any individuals or agencies involved in the plan formulation,other than our own. Theyrepresent ourofficial position only after theyhave been signed by the Director,Regional Director,or Operations Manageras approved.Approved recovery plans are subject to modification asdictated by new findings,changes in species status,and the completion of recovery tasks. Literature citation should read as follows: U.S.Fish and Wildlife Service.2000.Recovery plan forbighorn sheep in the Peninsular Ranges,California.U.S.Fish and Wildlife Service, Portland, OR.xv+251 pp. Additional copiesmay be purchased from: Fish and Wildlife Reference Service 5430 Grosvenor Lane,Suite 110 Bethesda, Maryland 208 14-2158 (301)492-6403 or 1-800-582-3421 FAX:301-564-4059 E-mail:fwrs~mail.fws.gov http://fa.r9.fws.gov/r9fwrsi The fee for the plan varies depending on the number of pages of the plan. ii Acknowledgments This recoveryplan wasprimarily prepared by Esther Rubin,with important contributions from Dr.Vein Bleich,Dr.Walter Boyce,Jim DeForge, Dr. Ben Gonzales,Mark Jorgensen, Stacey Osterrnann,Pete Sorensen, Steve Torres, and Dr.John Wehausen. The planbenefitted greatly from numerous discussions with Don Armentrout, Kevin Brennan,Ken Corey,Tom Davis, Diane Freeman, Paul Jorgensen,Jeff Manning, Lilia Martinez,Scott McCarthy,Nancy Nicoli,Dr. Jenny Rechel,Dr.Oliver Ryder, and Gavin Wright.The plan was revised and approved by the Recovery Team and cooperating agencies.Special thanks is extended to Randy Botta for providing telemetry data,and Jim Scrivner, Victoria Smith,Tom Zmudka, and L.Louise Jee for theirGeographical Information System support. An administrative draft of the recoveryplan wassubmitted for technical review, comments were received from Dr.Phil Hedrick,Dr. Dale Toweill,Dr.David Jessup,Dr.Paul Krausman,and Dr.Rob Roy Ramey II.These reviewers also were provided copies of the public review draft for comment.Two of the these technical reviewers also submitted comments on the public review draft. Technical comments deemed not appropriate to incorporate into the public review draft and final recoveryplans are addressed as substantive issues in Appendix G.The Fish and Wildlife Service and Recovery Team appreciate the thoughtful review and comments by these colleagues.Preparation of the final recoveryplanby the Recovery Team,and incorporation of comments from technical reviewers in the public review and final recovery plans, was conducted in conformance with thepeer reviewprocess under applicable Fish and Wildlife Service policy. iii Mission of the U.S. Fish and Wildlife Service in Recovery Planning Section 4(f)of the Endangered Species Act of 1973,as amended (the Act),directs the Secretary of the Interior to develop and implement recovery plans for species of animals and plants listed as endangered and threatened unless such recovery plans will not promote the conservation of the species. The Fish and Wildlife Servicehas been delegated the responsibility of administering the Act.Recovery is theprocess by which the decline of endangered or threatened species is arrested or reversed,and threats to survival are neutralized,ensuring long-term survival in nature.The goal ofrecovery is the maintenance of secure,self-sustaining wild populations of species with the minimum necessaryinvestment of resources.A recoveryplan delineates,justifies,and schedulesthe management and research actions necessary to support recovery of listed species.Recovery plans do not,of themselves, commit staffing or funds,but are used in setting regional and national funding priorities and providing direction to local,regional,and State planning efforts.Means withinthe Act to achieve recovery goals include the responsibility of all Federal agencies to seek to conserve listed species;and the Secretary’s ability to designate critical habitat,to enter into cooperative agreements with States,to provide financial assistance to therespective State agencies,to acquire land,and to develop habitat conservation plans with non-Federal applicants. Peninsular Bighorn Sheep Recovery Team Don Armentrout, Bureau of Land Management, Susanville,California Dr. Vein Bleich,California Department of Fish and Game,Bishop,California Dr. Walter Boyce,University of California,Davis, California Tom Davis, Agua Caliente Band of Cahuilla Indians,Palm Springs,California James DeForge, Bighorn Institute,Palm Desert,California Diane Freeman,U.S.Forest Service,Idyllwild,California Mark Jorgensen, California State Parks,ColoradoDesert District, Borrego Springs, California Stacey Ostermann, Bighorn Institute,Palm Desert,California Esther Rubin,University of California,Davis,California Dr.Oliver A.Ryder,Zoological Society of San Diego,San Diego,California Pete Sorensen,U.S.Fish and Wildlife Service,Carlsbad,California Steve Torres,California Department of Fish and Game,Sacramento,California Dr.John Wehausen, University of California,White Mountain Research Station, Bishop,California v EXECUTIVE SUMMARY Current Species Status:The population of bighorn sheep in the United States~ Peninsular Ranges was listed as an endangered species on March 18,1998.The current population is approximately 334 animals,distributed in 8 known ewe groups (subpopulations)in Riverside, Imperial,and San Diego Counties from the San Jacinto Mountains south to the Mexican border. Habitat Requirements and Limiting Factors:The Peninsular bighorn sheep is restrictedto the east facing,lower elevation slopes [typicallybelow 1,400 meters (4,600 feet)]of thePeninsular Ranges alongthe northwestern edge of theSonoran Desert.Bighorn sheep are wide-ranging animals that require a variety of habitat characteristics related to topography, visibility,water availability,and forage quality and quantity.Steep topography is required for lambing and rearing habitat and for escaping from predators.Openterrain with good visibility is critical because bighorn primarily rely on their sense of sight to detect predators.In their hot,aridhabitat, water availability in some form is critical,especially during the summer.Awide range of forage resources and vegetation associations is needed to meet annual and drought related variations in forage quality and availability. Limiting factors apparently vary with each ewe group and are not well understood in all cases.The range of factors appear to include predation,urban related sources of mortality,low rates of lamb recruitment,disease, habitat loss,and human related disturbance. Recovery Objective:The objective of this recoveryplan is to secure and manage habitat in order to alleviate threats so that population levels will increase to the pointthat this speciesmaybe reclassified to threatened status,and ultimately delisted. Recovery Priority:3C,per criteriapublished by Federal Register Notice (48 FR 43098;September21,1983). Downlisting Criteria:Peninsular bighom sheep may be considered for downlisting to threatened status as an interim management goal,when all of the following objective, measurable criteria are met: vi Downlisting Criterion 1:As determined by a scientifically credible monitoring plan, at least 25 ewes must be present in each of the following 9 regions of the Peninsular Ranges during each of 6 consecutive years (equivalent to approximately 1 bighorn sheep generation),without continued population augmentation: 1)San Jacinto Mountains 2) Santa Rosa Mountains--North of Highway 74 3) Santa Rosa Mountains--South of Highway 74 through Martinez Canyon 4) Santa Rosa Mountains--South of Martinez Canyon 5)Coyote Canyon 6)North San Ysidro Mountains (Henderson Canyon to County Road S-22) 7)South San Ysidro Mountains (County Road S-22 to State Highway 78) 8)Vallecito Mountains 9) Carrizo Canyon/Tierra Blanca Mountains/Coyote Mountains Area Down/isting Criterion 2:Regulatory mechanisms and land management commitments have been established that provide for long-term protection of Peninsular bighorn sheep and all essential habitat as described in section II.D.1 of this recovery plan. Given the major threat of fragmentation to species with metapopulation structures, connectivity among all portions of habitat must be established and assured through land management commitments, such that bighorn sheep are able to move freelythroughout all habitat. In preparation for delisting,protection by means otherthan the Endangered Species Act must be assured.Such protection should include alternative mechanisms for regulation by Federal,State,and local governments,and land management commitments that would provide the protection needed for continued population stability. Delisting Criteria:Peninsularbighorn sheep may be considered recovered to a status no longer requiring protection under the Endangered Species Act and thereafter removed from theList of Endangered and Threatened Wildlife (50 CFR Part 17)when all of the following criteria are met: Delisting Criterion 1:As determined by a scientificallycredible monitoring plan, at least 25 ewes must be present in each of the 9 regions of the Peninsular Ranges vii listed under Downlisting Criterion #1 above,during each of 12 consecutive years (approximately 2 bighorn sheep generations) including the 6 years under Downlisting Criterion #1,without continued population augmentation. Delisting Criterion 2:The range-wide population must average 750 individuals (adults and yearlings)with an overall stable or increasing population trendover the sameperiod of 12 consecutive years (approximately 2 generations)as in delisting criterion 1. Delisting Criterion 3:Regulatory mechanisms and land management commitments havebeen established that provide for long-term protection of Peninsularbighorn sheep and all essential habitat as described in section lID.I of this recoveryplan.Furthermore,connectivity among all portions of habitat must be established,and assuredthrough landmanagement commitments,such that bighorn sheep are able to move freelythroughout the Peninsular Ranges. Delisting would result in loss of protection under the Endangered Species Act; therefore continued protection by othermeans must be assured.This protection should include alternative regulatory mechanisms,land management commitments,or conservation programs that would providethe long-term protection needed for continued population viability. Actions Needed:In the short-term,improving adult survivorship appears to hold themost benefit to population increase.Over the long-term,the primary actions needed to attain recovery involve conservation of the habitat base upon which Peninsular bighorn sheep depend,and effective management of bighorn sheep and conserved lands.Prevention of further fragmentation,primarily by minimizing adverse effects of human disturbance,will be critical to thepersistence of ewe groups borderingthe Coachella Valley.Adequate space along the urban interface to absorb anthropogenic effects,and prudent management of human activities within ewe group home ranges,will also be necessary. Recovery Costs:Total cost of recovery tasks in the Implementation Schedule is estimated at $73,253,000.In addition,costs of certain specific recovery tasks will be determined as information is obtained and/or final actions are undertaken. These items are designated as “to be determined”in the Implementation Schedule. viii Date of Recovery:Several to manydecades likely willbe required before a delisting target date can be accurately estimated. Fecundity (reproductive potential) and rate of population increase is low compared to some ungulates of similar size,such as deer.Periodically depressed recruitment rates and high adult mortality rates also lengthen the time to achievethe population objectives described in this recovery plan.If the population increases sufficiently and all recovery criteria are met,the species couldbe considered for delisting by approximately 2025.However,this time frame is uncertain and could be substantially extended if population status and protective measures fail to meet criteria. ix Table of Contents I.INTRODUCTION .1 A.BRIEF OVERVIEW 1 1.LISTING OF BIGHORN SHEEPIN THE PENINSULAR RANGES 1 2.ORIGIN 2 3.MORPHOLOGY AND TAXONOMY 3 4.GENETICS 4 B.ECOLOGY 6 1.HABITAT REQUTREMENTS 6 2.BEHAVIOR 10 3.REPRODUCTION 15 4.SURVIVORSHIP 20 5.CAUSES OF MORTALITY 22 6.COMPETITION 25 7.DISEASE AND PARASITISM 28 C.ABUNDANCE AND DISTRIBUTION 30 1.HISTORIC ABUNDANCE AND DISTRIBUTION 30 2.RECENT ABUNDANCE AND DISTRIBUTION 32 3.POPULATION TRENDS 35 D.REASONS FOR LISTING 38 1.THE PRESENT ORTHREATENED DESTRUCTION, MOD IFICATION,OR CURTAILMENT OF THEIR HABITAT ORRANGE 38 2.OVERUTILIZATION FOR COMMERCIAL, RECREATIONAL, SCIENTIFIC,OR EDUCATIONAL PURPOSES 40 3.DISEASE AND PREDATION 40 4.THE INADEQUACY OF EXISTING REGULATORY MECHANISMS 41 5.OTHER NATURAL OR MANMADE FACTORS AFFECTING THEIR CONTINUED EXISTENCE ....42 x E.PAST AND CURRENT MANAGEMENT!CONSERVATION ACTIVITIES 46 I.FEDERAL AGENCIES 46 2.STATE AGENCIES 49 3.LOCAL ORGANIZATIONS AND AGENCIES 52 4.iNDIAN TRIBES 56 II.RECOVERY 57 A.CONSERVATION PRINCIPLES USED IN THIS RECOVERY PLAN 57 1.POPULATION CONSIDERATIONS 57 2.GENETIC CONSIDERATIONS 58 3.ECOSYSTEM PROTECTION 60 4.THE USE OF POPULATION MODELS TO HELP GUIDE RECOVERY ACTIONS 61 B.OBJECTIVES AND CRITERIA 62 1.RECOVERY OBJECTIVE 62 2.DOWNLISTING CRITERIA 62 3.DELISTING CRITERIA 65 C.RECOVERY STRATEGY 67 D.NARRATIVE OUTLINE FOR RECOVERY ACTIONS ADDRESSING THREATS 69 1.PROMOTE POPULATION INCREASE AND PROTECT HABITAT 69 1 .1 Protect, acquire,enhance,and restorehabitat 69 1.2 Reduce or eliminate direct and indirect human impacts 80 1.3 Reduce mortality rates 91 1.4 Develop a long-term strategy and maintain the current capability forcaptive breeding, reintroduction,and augmentation programs 94 2.INITIATE OR CONTINUE RESEARCH PROGRAMS NECESSARY TO MONITOR AND GUIDE RECOVERY EFFORTS 95 2.1 Monitor population status 96 2.2 Developpopulation models 98 xi 2.3 Research the relationships between bighom sheep, mountain lions,mule deer,and habitat 99 2.4 Investigate the relationships betweenbighorn sheep and coyotes and bobcats 100 2.5 Investigate theefficacy of temporary suppression of natural predation 100 2.6 Research habitat use/selection and dispersalbehavior 100 2.7 Evaluatethe effect of human activities on bighorn sheep 101 2.8 Research disease and preventive measures 102 2.9 Research genetics of bighom sheep in the Peninsular Ranges 103 3.DEVELOP AND IIMPLEMENT EDUCATION AND PUBLIC AWARENESS PROGRAMS 104 3.1 Distribute information related to recovery efforts 105 3.2 Continue,update, and coordinate existing education programs 105 3.3 Develop additional educational programs 106 3.4 Distribute a protocol to select law enforcement,public health,and safety officials forthe humane treatment of injured bighorn sheep 107 E.SITE SPECIFIC RECOVERY TASKS 107 III.IMPLEMENTATION SCHEDULE Ill IV.LITERATURE CITED 117 V.APPENDICES 148 APPENDIX A.AN OVERVIEW OF THE PENINSULAR RANGES 148 APPENDIX B.DELINEATION OF ESSENTIAL HABITAT FOR BIGHORN SHEEP IN THE PENINSULAR RANGES 153 xii APPENDIX C.GUIDELINES FOR DEVELOPING A LONG-TERM STRATEGY FOR REINTRODUCTION,AUGMENTATION, AND CAPTIVE BREEDING OF BIGHORN SHEEP IN THE PENINSULAR RANGES 168 APPENDIX D.GUIDELINES FOR SAFELY CAPTURING, HANDLING,AND MONITORING BIGHORN SHEEP 195 APPENDIX E.PROTOCOLS FOR MONITORING POPULATION ABUNDANCE 205 APPENDIX F.RECOMMENDED CONSERVATION GUIDELINES 216 APPENDIX G.RESPONSE TO COMMENTS 221 LIST OF TABLES Table 1.Lamb survivalper ewe group in the Peninsular Ranges from 1993to1996 17 Table 2.Peninsular bighorn ewe population estimates and recruitment (lamb survival until December)for captive-reared and wild-reared ewes in the northern Santa Rosa Mountains 18 Table 3.Annual survival estimates for yearling and adult bighorn sheep in the northern Santa Rosa Mountains ewe group for calendar years 1985 to 1998 (excluding captive-reared animals)21 Table 4.Annual survival of adult bighorn sheep between Highway 74 and the United States -Mexico border,1992 to 1998 22 Table 5.Abundance estimates of bighorn sheep in the PeninsularRanges north of the United States -Mexico border during 1994, 1996,and 1998 .34 xiii Table 6.Ewe abundance estimates per ewe group generatedfrom helicopter surveys during 1994,1996,and 1998 35 Table 7.Ewe population estimates for the San Jacinto Mountains from 1993 to 1999 37 Table 8.Fall population estimates of adult bighorn sheep in the northern Santa Rosa Mountains from 1985 to 1998 37 Table 9.Past and present conservation activities in Anza-Borrego Desert State Park 54 Table 10.Trails and areas with potential conflicts that should be addressed in the interagency trails management plan 88 Table 11.Recovery criteria regions 108 Table 12.Site specific tasks recommended for each recovery region 109 LIST OF FIGURES Figure 1.Distribution of seven mitochondrial DNA haplotypes among bighorn sheep ewe home-range groups in the Peninsular Ranges,southern California S Figure 2.Peninsular bighorn sheep essential habitat and physical features ...11 Figure 3.Distribution of bighorn ewe groups in the Peninsular Ranges, California,1992 to 1995 33 Figure 4.Peninsular bighorn sheep essential habitat and land ownership/management 50 Figure 5.Peninsular bighorn sheep essential habitat with recovery regions ...63 xiv Figure 6.Peninsular bighorn sheep essential habitat and sheep observations .71 Figure 7.Palm Springs -Cathedral City interfacewith Peninsular bighorn sheep essential habitat 72 Figure 8.Rancho Mirage -Palm Desert interface with Peninsular bighorn sheep essential habitat 73 Figure 9.Indian Wells -La Quinta interfacewith Peninsular bighorn sheep essential habitat 74 xv I.INTRODUCTION The purpose of this recoveryplan is to (1)establish interim and long-term goals and objectives,(2)describe site-specific management actions to achieve these goals,and (3) establish a schedule and estimate the costs required to reclassify as threatened and ultimately delist the distinct population segment of bighorn sheep (Ovis canadensis)in the Peninsular Ranges of California,a northerly extension of the mountainous formations of the Baja California Peninsula.This recovery plan provides guidelines and recommendations to be used in developing and assessing conservation and management activities to achieve recovery. A.BRIEF OVERVIEW 1.LISTING OF BIGHORN SHEEP IN THE PENINSULAR RANGES The California Fish and Game Commission listed bighorn sheep inhabiting the Peninsular Ranges as “rare”in 1971.In 1984,the designation was changed to “threatened”by the California Department of Fish and Game to conform with terminology of the amended California Endangered Species Act.We(the Fish and Wildlife Service)listed the distinct vertebrate population segment of bighorn sheep occupying the Peninsular Ranges of southern California (see Appendix A) as endangered on March 18,1998 (63 FR 13134).For a population to be listed under the Endangered Species Act as a distinct vertebrate population segment, three elements are considered (61 FR 4722,February 7,1996):(1)the discreteness of the population segment in relation to the remainder of the species to which it belongs;(2)the significance of the population segment to the species to which itbelongs,and (3)the population segment’s conservation status in relation to the Endangered Species Act’s standards for listing (i.e.,is the population segment, when treated as if it were a species,endangered or threatened?).The Peninsular Ranges population will hereafter be referred to in this recovery plan asthe Peninsular bighorn sheep and will alternatively be referred to as a species,following the definition of”species”in section 3(15)of the Endangered Species Act. 1 Species Distribution The population of bighorn sheep addressed in this recovery plan extends along the Peninsular Mountain Ranges from the San Jacinto Mountains of southern California south to the United States -Mexico international border.Though the range extends south to Volcan Tres Virgenes near Santa Rosalia,Baja California, Mexico,only the distinct vertebrate population segment within the United States is listed as endangered and addressed in this recovery plan. The decision to list the Peninsular bighorn sheep as federally endangered was made because of declining population numbers and continuing habitat loss, degradation,and fragmentation throughout a significant portion of the Peninsular bighorn sheep’s range.In addition,periods of depressed recruitment,likely associated with disease,and high predation,coinciding with low population numbers,endanger the continued existence of these animals in southern California.Per recovery planning criteria published in the Federal Register (48 FR 43098,September 21,1983),the Peninsular bighorn sheep has a recovery priority of 3C,indicating that it is a subspecies facing a high degree of threat but has a high potential for recovery if appropriately managed.The “C”indicates that recovery is in conflict with construction or other forms of economic activity. 2.ORIGIN Wild sheep became established in North America after crossing the Bering land bridge from Eurasia during the late Pleistocene (Geist 1971),which began about 1,000,000 years ago and ended 10,000 years ago at the time of thelast Ice Ages and the beginning of the Holocene.Therange ofbighorn sheep has since spread to include deserthabitats as far south as northern Mexico(Manville 1980).In North America,two species of wild sheep currently are recognized:the thinhorn sheep (Ovis dalli)and the bighorn sheep (Ovis canadensis).Bighorn sheep, originallydescribed by Shaw in 1804 (Wilson and Reeder 1993),were once divided into seven recognized subspecies based on differences in skull measurements (Cowan 1940,Buechner 1960,Shackleton 1985).These subspecies included Audubon bighorn sheep (Oviscanadensis auduboni), 2 Peninsular bighorn sheep (Ovis canadensis creinnobates),Nelson bighorn sheep (Ovis canadensis nelsoni),Mexican bighorn sheep (Ox’is canadensis inexicana), Weems bighorn sheep (Ovis canadensis weemsi),California bighorn sheep (Ovis canadensis californiana),and Rocky Mountain bighorn sheep (Ovis canadensis canadensis).Audubon bighorn sheep are now extinct.As described below, this taxonomy has since been revised. 3.MORPHOLOGY AND TAXONOMY The term “desert bighorn”is used to describe bighorn sheep that inhabit dry and relatively barren desert environments,and typically includes bighorn sheep subspecies that have, to date, been classified as nelsoni, mexicana,cremnobates, and weemsi (Manville 1 980).~Thevalidity of these subspecies delineations has been questioned and reassessed on thebasis of additional morphological and genetic analyses (Wehausen and Ramey 1993;Ramey 1993, 1995;Gutierrez- Espeleta et al.1998;refer to section I.A.4).Bighorn sheep in the Peninsular Ranges were once considered a separate subspecies and were one of the four desert subspecies recognized by Cowan (1940)based on cranial measurements. Cowan’s (1940)Peninsular subspecies (Ovis canadensis cremnobates)did not include the northern end of thePeninsular Ranges in California and extended east across theImperial Valley north of theMexican border.Wehausen and Ramey (1993) noted that various authors have arbitrarilychanged the geographic boundaries of this subspecies over time based on no additional data or analyses. Ramey (1993)reanalyzed Cowan’s (1940)original data using modern statistical methods and found little support for his subspecies of bighorn sheep.In that reanalysis,the apparent distinction of the Peninsular subspecies was found to be an artifact of unequal age distributions among samples.Wehausen and Ramey (1993)conducted a new cranial morphometric analysis using a new and much larger sample and found no statistical support for a Peninsular subspecies.Ramey (1993,1995)also investigated this question using restriction site polymorphism data for mitochondrial DNA and similarly found no statistical support for description of a subspecies in thePeninsular Ranges. Based on these morphometric and genetic results,Wehausen and Ramey (1993)placed Peninsular 3 bighorn within theNelson subspecies (Ovis canadensis nelsoni),which is the current taxonomy. 4.GENETICS By analyzing micro-satellite and major histocompatibility complex loci,Boyce et al.(1997) found high levels of genetic diversity within and between populations of desert bighorn sheep,including sheep subpopulations within the Peninsular Ranges.Similarly,Gutierrez-Espeleta et al.(1998) found significant amounts of variation atmicrosatellite loci among all bighorn sheep populations studied. However,Ramey (1995)found very little mitochondrial DNA variation between groups of desert bighorn.The results of Ramey (1995),Boyce et al.(1997),and Gutierrez-Espeleta et al.(1998)differ because various molecular markers and analytical techniques were employed.Different molecular markers (e.g., mitochondrial DNA,microsatellites,allozymes)are subject to various rates of mutation and are likely affected by different evolutionary processes,thereby providing different levels of insight into the genetic variability of a species.One similarity that has been found in all genetic studies of desert bighorn to date is that genetic distance increases with geographic distance.For example,Boyce et al. (1997)and Bleich et al.(1996)found support forpartitioning of genetic variation among metapopulations (e.g.,the Mojave and Peninsular metapopulations),with high levels of gene flow within metapopulations, including the Peninsular Ranges, and low levels between metapopulations. Within the Peninsular Ranges,at least eight subpopulations, or ewe groups, currently exist (Rubin et al.1998,refer to section I.C.l).Based on sampling of about one-third of the animals in the metapopulation,Boyce et al.(1999) found that seven haplotypes were distributed in a non-random fashion among these ewe groups and that a significant amount of mitochondrial DNA variation was partitioned amongewe groups,indicating a high level of genetic structureamong these subpopulations (Figure 1).The observed structure among ewe groups likely was primarily influenced by differences in founding ewes and their limited movements through the range (W.Boyce,University of California,Davis,pers. comm.).Boyce et al.(1999)concluded that the movement of ewes (and therefore 4 Figure 1.Distribution of seven mitochondrial DNA haplotypes among bighorn sheep ewe home-range groups in the Peninsular Ranges,California (SJ,San Jacinto Mountains,n=6;D,Deep Canyon,n=18;M,Martinez Canyon,n6;SSR,South Santa Rosa Mountains,n=3;COY,Coyote Canyon,n=13;NSY,North San Ysidro Mountains,n=18;SSY,South San Ysidro Mountains,n~7;V, Vallecito Mountains, n=14;CAR,Carrizo Canyon,n19).Note that the ewe groups are distributed approximately along a north-south gradient.A ewe group composed primarily of captive-bred animals,located between the Deep Canyon and San Jacinto Mountains groups, was not included in the analysis.(Reprinted with permission from Boyce et al.1999). 5 the flow of mitochondrial DNA)between ewe groups is limited but has occurred at low levels in the past.This result is in contrast to the greater level of nuclear gene flow (indicated by the analyses of micro-satellite and major histocompatibility complex loci markers discussed above),which is mediated by the movement of rams among ewe groups (refer to section I.B.2). B.ECOLOGY 1.HABITAT REQUIREMENTS Bighorn sheep have important habitat requirements that relate to topography, visibility,water availability,and forage quality and quantity.During their evolution,bighorn sheep developed predator evasion behaviors that depend critically on theuse of escape terrain,which is generallydefined as steep,rugged terrain (Hansen 1 980c,Cunningham 1989).Escape terrain is importantbecause bighorn sheep typically do not outrun their predators but,rather,use their climbing abilities to escape their enemies (Geist 1971,McQuivey 1978).When ewes areready to givebirth theywill typically seek out the most precipitous terrain, where their lambs will presumably be safest (Geist 1971).The presence of such steep terrain for predator evasion and lambing is,therefore,a crucial component of sheep habitat (see Appendix B).Variation in slope and aspect also help bighorn sheep to survive in a harsh environment.During hot weather, bighorn seek shade under boulders and cliffs,or may move to north facing slopes (Merritt 1974,Andrew 1994).During inclement weather they may again seek protected caves or overhangs, or move to sunny,south facing slopes (Andrew 1994),or slopes that are protected from strong winds. In addition to mountainous terrain,other types of habitat are crucial to the viability of bighom sheep populations.M.Jorgensen (California State Parks, pers. comm.) has observed bighorn at various times of the year on numerous alluvial fans and in washes,such as (1)the Borrego Palm Canyon alluvial fan, used for forage during cooler months and for water from May to November;(2) Palm Wash tinajas in the southern SantaRosa Mountains, a water source in late summer/fall before winter rains; (3) Harper Flat in Anza-Borrego Desert State 6 Park;and (4)Chino Canyon,most recently in 1982,when seven ewes and lambs were observed.Areas of flat terrain,such as valley floors,serve as important linkages between neighboring mountainous regions,thereby allowing sheep temporary access to resources (e.g.,forage,water, or lambing habitat) in neighboring areas,and allowing gene flow to occur between subpopulations (Krausman and Leopold 1986,Schwartz et al.1986,Bleich et al.1990a,Bleich et al.1996). Inthe Sierra Nevada and Moj ave Desert,the timing of forage green-upin winter is strongly influenced by elevation and mediated through temperature (J. Wehausen,White Mountain Research Station,pers.comm.;Wehausen 1980, 1983).Low rolling terrain and washes seasonallyprovide an important source of high quality forage,with a greater diversity of browse species than in steeper terrain (Leslie and Douglas 1979).Washes also provide a source of high quality browse for longer in the summerthan do other areas (Andrew 1994). Leslie and Douglas (1979)noted that these areasbecame increasinglyimportant to bighorn sheep not only in summer but during any period of limited forage availability. Bates and Workman (1983)observed bighorn sheep feeding in flatterrain in Canyonlands National Park,and reported that plant production was higher in flatterterrain than in steeper areas.Similarly,Bleich et al.(1997)reported that during periods of sexual segregation,rams exploited rolling hills and flat terrain for their superior forage.After localized summer rainfall events, washesand alluvial fans provide the diverse,high quality forage that is especially important to lactating ewes (Turner 1976,Bureau of Land Management 1996).Hansen and Deming (1980)describe theimportance of succulent spring foods at lower elevations to lactating ewes. Inthe PeninsularRanges, bighorn sheep use a wide variety of plant species as their food source.Turner (1973) recorded the use of atleast 43 species, with browsebeing the food category most frequently consumed(Turner 1976,Scott 1986).Cunningham and Ohmart (1986)determined that the bighorn sheep diet in Carrizo Canyon (at the south end of the U.S.PeninsularRanges) consisted of 57 percent shrubs,32 percent forbs,8 percent cacti,and 2 percent grasses.Scott (1986)and Turner(1976) reported similar diet compositions at thenorth end of 7 the range. Plant species eaten by bighorn sheep in the Peninsular Ranges were also reported by Jorgensen and Turner (1973)and Weaver et al.(1968).Diet composition varied among seasons (Cunningham and Ohrnart 1986,Scott 1986), presumably because of variability in forage availability,selection of specific plant species during different times ofthe year (Scott 1986),and seasonal movements of bighorn sheep.In Arizona,bighorn sheep also used a wide variety of forage species throughout the year to cope with thechanging desert environment (Miller and Gaud 1989). In ruminants,such as bighorn sheep,fetal growth is relatively slow during the early stages of gestation,with the majority of fetal growth occurring during the final two months of gestation (Robbins 1993).Following lambing,ewesare faced with the costs of lactation,which are typically two to three times higher than the energetic costs of gestation and mayrange from four to seven times the basal metabolic rate (Robbins 1993).Consequently,the time period surrounding lambing and nursing is very demanding in terms of the energy and protein required by bighorn ewes.Failure to acquire sufficient nutrients during the last two months of gestation and during nursing can adversely affect the survival of newborn ungulates (Thorne et al.1976,Julander et al.1961,Holl et al.1979). Furthermore, females in poor condition may fail to provide adequate maternal care following parturition (Langenau and Lerg 1976,Festa-Bianchet and Jorgenson 1996). Crude protein and digestible energy values of early green-up species,such as annual grasses and forbs,are usually much higher than those of dormant forages during the critical late gestation, lambing,and rearing seasons.With their high nutrient content,evenminor volumes of these forages within the overall diet composition maycontributeimportant nutritional value at critical life stages (Wagner 2000).However, during the reproductive season,due to the varied topography of bighorn sheep habitat,these forages typically are concentrated on specific sites, such as alluvial fans and washes, where more productive soils support greater herbaceous growththan steeper,rockier soils.Berbach (1987) foundthat when ewes were confined to a pen and prevented from using all vegetation associations during late gestation and early lactation,they and their lambs died of malnutrition. 8 In hot, arid deserts, water is considered to be an important resource for bighorn sheep (Jones et at.1957,Blong and Pollard 1968,Leslie and Douglas 1979, Turner and Weaver 1980,Elenowitz 1984,Cunningham and Ohmart 1986).A number of studies have shown that desert bighorn sheep will concentrate around water sources in the summer,with most animals found within a 3- to 5-kilometer (2-to 3-mile) radius of water (Jones et at.1957,Leslie and Douglas 1979, Cunningham and Ohmart 1986).Lactating ewes and lambs often are more dependent on water and may thus be found closer to water (Blong and Pollard 1968,Leslie and Douglas 1979,Bleich et at.1997).However, these patterns have not been observed in all habitats (summarized by Andrew 1994).Water sources are most valuable to bighorn sheep if they occur in proximity to adequateescape terrain with good visibility. Therefore,the juxtaposition of open escape terrain to water sources will influence drinkingpatterns (Cunningham 1989,Andrew 1994). During periods of high rainfall,sheep distribution is less coincident with permanent water sources (Leslie and Douglas 1979).The importance of water to bighorn sheep has been questioned (Krausman and Leopold 1986,Broyles 1995), and some small populations apparently exist withoutstanding water (Krausman et at.1985,Krausman and Leopold 1986,and additional examples summarized in Broyles 1995).Furthermore,it has been theorized that the addition of water to bighorn sheep habitat would be detrimental if it attracted competing species to areas of limited forage resources (Smith and Krausman 1988)or expanded the range of mountain lions (Shaw 1993).However,in most populations bighorn sheep will drink regularly when water is available and concentrate near water during summer months,and it is likely that lack of water is a limiting factor for some populations.In the Peninsular Ranges,bighorn sheep have been observed to use areas without known perennial water during some months,including the lambing season (E.Rubin,University of California,Davis,pers. comm.). The predator evasion behavior of bighorn sheep depends on the ability to visually detect danger at a distance.Visibility has long beenrecognized as an important characteristic of bighorn sheep habitat (Hansen 198Gb).Researchers have found that bighorn sheep will avoid habitat in which dense vegetation reduces visibility (Risenhoover and Bailey 1985,Etchberger et at.1989).This appears to be the 9 case in the Peninsular Ranges, where bighorn sheep usuallyremain below the elevation of chaparral and otherdense vegetation associations. In the Peninsular Ranges,bighorn sheep habitat occurs along the east-facing desert slopes, typically below approximately 1,400-meter (4,600-foot)elevations (Jorgensen and Turner 1975).In these mountains,bighorn sheep avoid higher elevations,likely because of decreased visibility (and therefore increased predation risk)associated with the denser vegetation found at higher elevations. The elevational patterns of vegetation associations in the Peninsular Ranges,in combination with this predator avoidance behavior, have resulted in habitat use that is more restricted to lower elevations than in most other bighorn sheep populations.Results from helicopter surveys and a 5-year study of radio-collared bighorn in the San Jacinto Mountains found that bighorn sheep in these mountains,where elevations exceed 3,000 meters (9,842 feet),were largely restricted to a narrow band of habitat between 213 and 1,037 meters (700 to 3,400 feet)in elevation (DeForge et at.1997).In thenorthern Coachella Valley,this lower elevation limit generally coincides with the developed urban interface.At the lowest elevations of their range,bighorn sheep movement onto the valley floor (Coachella Valley,Imperial Valley)is restricted by a tendency to avoid venturing far from escape terrain and by anthropogenic factors that now preclude intermountain movements such ashave beenrecorded elsewhere in the desert. The available habitat of Peninsular bighorn sheep can,therefore,be visualized as a long,narrow band that runs north-south along the lower elevations of the Peninsular Ranges (Figure 2).This pattern of predominantly low elevation habitat use is unique among desert bighorn sheep populations. 2.BEHAVIOR The social structure of bighorn sheep is matrilineal (based on female associations).Gregarious and philopatric (faithful to natal home range)behaviors confer adaptive advantage to prey species because home range familiarity and group alertness decrease the risk of predation (Boyce et at.1999).The ranging patterns and habits of ewes are learned by their offspring (Geist 1971). By following older animals,young bighorn sheep gatherknowledge about escape 10 terrain,water sources, and lambing habitat (Geist 1971).Ewes that share the same portion of a range,therefore,are likely to be more closely related to each other than they are to other ewes (Festa-Bianchet 1991,Boyce et at.1999),and the term “home range group”has been used to describe such groups (Geist 1971). These groups are referred to as “ewe groups”in this recovery plan.Rams do not show thesame level of philopatry and tend to range more widely,often moving among ewe groups.As young rams reach 2 to 4 years of age,they follow older rams away from their natal group during the fall breeding period, orrut,and often return after this period (Geist 1971,Festa-Bianchet 1991).Rams may follow the same travel routes year after year (Geist 1971,Wehausen 1980,DeForge et at. 1997).The sexes tend to loosely segregate during much of the year,coming together primarily during the rut (Geist 1971,Bleich et at.1997),which typically peaks from Augustthrough October in thePeninsular Ranges (Rubin et at.2000). Duringthe rut,rams join the ewe groups and compete to breed with receptive ewes.The largestrams presumably are themost successful breeders, but smaller rams have been reported to breed as well (Hogg 1984).During theperiod of sexual segregation,ewes and their lambs are typically found in steeper,more secure habitat, while rams inhabit less steep or rugged terrain (Geist 1971,Bleich etat.1997). Bighorn sheep areprimarily diurnal (Krausman et at.1985)but may be active at any time of day or night (Miller et at.1984).Their daily activity pattern includes feeding and restingperiods that are not synchronous either within or between groups. Forage quality influences activity patterns. When forages arelow in digestibility,sheep must spend more time ruminating and digesting forage. Particle sizemust be reduced sufficiently to pass from the rumen and reticulum to the omasum (Van Soest 1982,Robbins 1993).As forages green-up and digestibility increases, passage rates increase and ruminants can feed more frequently (Risenhoover 1986).Sheep typically increase the number of feeding bouts rather than the length of individual bouts. Consequently,sheep establish a cycle of feeding and ruminating that reflects forage quality and optimizes nutrient intake (Wagner 1999,2000). 12 Bighorn sheep rely on vigilance to detect predators.Therefore, theybenefit from gregariousness and group alertness (Geist 1971,Berger 1978).Within a ewe home range group,ewes appear to associate with other ewes based on their availability rather than on their matrilineal relationships (Festa-Bianchet 1991, Boyce et at.1999).Within home range groups,these subgroups are dynamic-- they may split,reform,or change membership on a daily or hourly basis as animals move through their home ranges. Burt (1943)defined home range as ‘...that area traversed by the individual in its normal activities of food gathering,mating,and caring for young”.Size of the home range depends on the juxtaposition of required resources (water,forage, escape or lambing habitat)and,therefore,varies geographically.Home range size also is affected by forage quantity and quality,season, sex, and age of the animal (Leslie 1977,McQuivey 1978).In most populations,ram home ranges havebeen found to be larger than those of ewes (Simmons 1980,DeForge et at.1997). DeForge et at.(1997) reported average home range sizes (95 percent utilization distribution)of 25.5 square kilometers (9.8 square miles)and 20.1 square kilometers (7.8 square miles)for rams and ewes,respectively,in the San Jacinto Mountains, using the fixed-kernel method (Seaman and Powell 1996). Although most desert bighorn sheep do not seasonallymigrate along elevational gradients like many populations in higher latitude mountain ranges,they do exhibit seasonal differences in habitat use patterns. In many populations,animals will have a smaller home range in summer (McQuivey 1978,Leslie and Douglas 1979,Elenowitz 1983),presumably due to their limited movement away from permanent water sources.Duringthe cooleror wetter months of the year,bighorn sheep oftenexhibit an expanded range as animals move farther from water sources (Simmons 1980).In addition, seasonal changes in habitat use are influenced by lambing and rutting behavior (Geist 1971,Bleich et at.1997). Desert sheep also seek the earliest winter green-up of annuals and the first flowering of brittlebush (Enceliafarinosa),which are elevation dependent (J.Wehausen, pers. comm.). 13 The gregarious and philopatric behavior of ewes limits their dispersal and exploratory abilities relative to those of rams (Geist 1967,1971).Geist (1971) theorized,however,that a young ewe might switch to a new ewe group if she encountered neighboring sheep and followed them away from her natal ewe group.In the Peninsular Ranges,movement of radio-collared ewes between ewe groups is rare. During a 3-year study,the most extensive movement documented wasby one ewe that moved over 30 kilometers (18.6 miles)and temporarily joined a second ewe group(Rubin et at.1998).No emigration of ewes has been observed even though radio-collared animals have been regularly monitored in the northern Santa Rosa Mountains since 1981 (Ostermann et at.in press)and throughout the range since 1993 (li.Rubin,pers.comm.;DeForge et at.1997). Genetic analyses of ewe dispersal suggest that a low rate has occurred in the Peninsular Ranges in the evolutionarypast (Boyce et at.1999).Genetic and observational data suggest,however,that rammovements among ewe groups are common (Boyce et at.1997;DeForge et at.1997;Rubin et at.1998;Bighorn Institute 1998, 1999). An important consideration in the conservation of Peninsular bighorn sheep is their behavioral response to humans and human activity.Bighorn have been considered a wilderness animalbecause they do not thrive in contact with human development (Leopold 1933).Theirresponse to human activity is highly variable and depends on many factors,including but not limited to:the type of activity, the animal’s previous experience with humans,size or composition of the bighorn sheep group,location of bighorn sheep relative to elevation of the activity, distance to escape terrain,and distance to the activity (Weaver 1973;McQuivey 1978;Hicks and Elder 1979;MacArthur et at.1979, 1982;Wehausen 1980; Hamilton et at.1982;Whitacker and Knight 1998;Papouchis et at.1999). Responses can range from cautious curiosity to immediate flight or abandonment of habitat, as well asdisruption of normal social patterns and resource use. Though the effect of human activity in bighorn habitat is not always obvious, human presence or activity in many cases has been found to detrimentally alter normal behavioral and habitat use patterns(refer to section I.D.5).For example, bighorn began using urban sources of food and water in the northern Santa Rosa Mountains when development began encroaching on sheep habitat in the 1950’s 14 (Tevis 1959).Though commonly thought to be the result of releasing captive raised bighorn sheep, habituation of wild sheep to urban habitats occurred several decades before the first release of any captive-rearedstock in 1985 (DeForge and Scott 1982;Ostermann et at.in press;V.Bleich,California Department of Fish and Game, pers.comm.). 3.REPRODUCTION In the Peninsular Ranges,ewes estimated to be between 2 and 16 years of age have been documented to produce lambs (Rubin et at.2000,Ostermann et at.in press).Yearling ewes in captivity also have produced lambs (Bighorn Institute 1999).Some rams are believed to be capable of successful breeding as early as 6 months of age (Turner and Hansen 1980),though the breeding opportunities of young rams are limited by the social pressure of larger rams (Hogg 1984).The breeding period, or rut,occurs in the late summer and fallmonths.As parturition approaches,ewes seek isolated sites with shelter and unobstructed views (Turner and Hansen 1980),and secludethemselves from other females while finding sites to bear their lambs (Etchberger and Krausman 1999).In the Little Harquahala Mountains,the physical and biological characteristics of lambing sites did not differ from sites used at other times of theyear (ibid).Lambs are born after a gestation of approximately 6 months--171 to 185 days (Turner and Hansen 1980, Shackleton et at.1984,Hass 1995).During a 4-year (1993 to 1996)study conducted in the Peninsular Ranges south of the San Jacinto Mountains,the lambing season extended from February through August;however,87 percent of the lambs were born from February to April,and 55 percent of the lambs were born in March (Rubin et at.2000).DeForge et at.(1997)and Cunningham (1982) reported a similar onset of the lambing season in the San Jacinto Mountains and in Carrizo Canyon, respectively.Inthe San Jacinto and northern Santa Rosa Mountains ewe groups,the lambing season begins in January during some years (Bighorn Institute 1997).Lambs usuallyare weaned by 6 months of age (Hansen and Deming 1980,Wehausen 1980). From 1993 to 1996, the reproductive patterns of fiveewe groups (Carrizo Canyon, south San Ysidro Mountains,north San Ysidro Mountains, Santa Rosa Mountains 15 [Deep Canyon],and northern Santa Rosa Mountains)were monitored (refer to section I.C.I for description of ewe groups)and annual lamb production averaged 77 percent (0.77 lambs born per “ewe-year”)for the4-year period (E.Rubin, pers. comm.). Using a fecal-based enzyme immunoassay,Borjesson et at.(1996) determined that in the fall of 1992,at least 85 percent of sampled adult ewes were pregnant.Both of these observations suggest that conception rates are not currently limiting population growth in thePeninsular Ranges. Lamb survival (to 6 months of age)was variable among groups and across years. A good year of lamb survival in one group was not necessarily a good year in another group (Rubin et at.2000,Table 1).Of the four groups studied,the northern Santa Rosa Mountains group typically had the lowest lamb survival, while the neighboring Deep Canyon group,located less than 8 kilometers (5 miles)away,had the highest lamb survival.Researchers working in the northern portion of the Santa Rosa Mountains have expressed concern over the low lamb recruitment average observed in this areasince approximately 1977 (DeForge et at.1982,DeForge and Scott 1982,Turner and Payson 1982).Although lamb to ewe ratios observed in the Santa Rosa Mountains have fluctuated across years (Wehausen et at.1987,DeForge et at.1995),fall lamb to ewe ratios were consistently low in the northern Santa Rosa Mountains during 1983 to 1994 (DeForge et at.1995).During 1985 to 1998,recruitment in the northern Santa Rosa Mountains averaged 13 lambs per 100 ewes (Ostermann et at.in press, Table 2).Periods of low lamb to ewe ratios,as well as clinical signs of pneumonia among lambs, have occasionally been observed in Anza-Borrego Desert State Park (Jorgensen and Turner 1973,Jorgensen and Turner 1975,Hicks 1978),but years of high lamb to ewe ratios (Cunningham 1982,M.Jorgensen, pers.comm.)and high lamb recruitment to 6 months of age (Rubin et at.2000) have been observed in these areas as well.In the San Jacinto Mountains,low fall lamb to ewe ratios were documented from 1977 to 1983.However,this group exhibited variable recruitment thereafter,with relatively high (greater than or equal to 0.50) fall lamb to ewe ratios from 1994 to 1996 (DeForge et at.1997). Wehausen (1992) suggested that periods of low recruitment may not warrant alarm because long-lived animals such as bighorn sheep can exist in viable 16 Table 1.Lamb survival per ewe group in thePeninsular Ranges during 1993 to 1996 (Rubin et al.2000,based on observations of radiocollared ewes). Ewe Group Proportion (1.0~l0O percent)of lambs living to 6 months of age 1993 1994 1995 1996 1993 to 1996 (#lambs) Carrizo Canyon 0.67 0.78 0.50 0.50 0.68 (31) San Ysidro Mountains- north and southa 0.75 0.25 0.57 0.71 0.57 (42) Deep Canyon NA 0.80 0.67 0.75 0.74 (23) N.Santa Rosa Mts. NA 0.43 0.10 0.40 0.26 (23) adata from the north and south San Ysidro groups were combined because of small sample sizes in the south San Ysidro Mountains when years were considered separately. populations if periods of low offspring recruitment areinterrupted by periodic pulses of high offspring recruitment.Most ewe groups in thePeninsular Ranges appear to have exhibited such pulses of high recruitment but declining population trends (see section I.C.3)suggest that theyhave not been sufficient to balance adult mortality over longer time periods.Chronically low lamb to ewe ratios observed in the northern Santa Rosa Mountains ewe group (DeForge et at.1995, Ostermann et at.in press)are a particular concern.Signs of illness havebeen observed among lambs in this ewe group (DeForge et at.1982,DeForge and Scott 1982,DeForge and Ostermann 1998a),and it is possible that low lamb survival is associated with disease or disease processes complicated by environmental conditions, such as habitat modification (refer to sections I.B.7 and I.D).This ewe group has been augmented by captive animals since 1985 (see sections L.C.I and I.E.3),with similar average recruitment rates (to approximately 1 year of age) observed among wild-reared and captive-reared ewes (Ostermann el at.in press, Table 2).A 5-year study of radiocollared lambs has been initiated in this population to determine cause-specific mortality (DeForge and Ostermann I998b). 17 Table 2.Peninsular bighorn ewe population estimates and recruitment (lamb survival until December) for captive-reared and wild-reared ewes in the northern Santa Rosa Mountains (Ostermann et a!.in review~. Year wild-captive-Total 1985 22 0 22 1986 25 0 25 1987 25 5 30 1988 24 9 33 1989 21 11 32 1990 12 12 24 1991 11 10 21 1992 11 13 24 1993 7 10 17 1994 3 8 11 1995 3 7 10 1996 3 7 10 1997 2 7 9 1998 4 6 10 Mean NA NA NA Lambs recruited n (lambs/lOO ewes) 3 (12)NA 3 (12) 0(0)0(0)0(0) 2(8)0(0)2(6) 0(0)1(9)1(3) 0(0) 0(0) 0(0) 0 (0)1 (10)1 (5) 1 (9)1 (8)2 (8) 1 (14)0 (0)1 (6) 1 (33)2 (25)3(27) 0(0)0(0)0(0) 0 (0)2 (29)2 (20) 1 (50)0 (0)1 (11) 2 (50)5 (83)7 (70) 1 (13.9)1(13.7)2(13.3) Wild-reared Captiv Total 4 (18)NA 4 (18) No.of ewes greater than or equal to 2 years of age Several studies have documenteda positive relationship between winter precipitation and lamb recruitment in the following year (Douglas and Leslie 1986,Wehausen et at.1987).However, therelationship between precipitation and lamb recruitment is not a simple one.Wehausen et at.(1987) found that periods of low lamb survival,believed to be a result of a disease epizootic, coincided with periods of increased rainfall.These authors hypothesized that increased standing water caused populations of Cuticoides midges, a vector of bluetongue and epizootic hemorrhagic disease viruses (Hoff and Trainer 1981),to increase.Another hypothesis involving thepresence of livestock as an outside disease reservoir also waspresented (Wehausen et at.1987).The relationships between climate,lamb recruitment,and population trends likely differ among different bighorn sheep populations,and are not fully understood (Rubin et at. 2000). 18 In ruminants,reproductive success is related to themothers body weight,access to resources, quality of home range,and age (Etchbergerand Krausman 1999). Survival of offspring also depends on birth weight and date.Festa-Bianchet and Jorgenson (1996)found that female sheep reducethe care of lambs when resources are scarce to favor theirown nutritional requirements over their lambs’ development.Excessive disturbance also can disrupt nutritional condition by affecting optimum feeding-ruminating cycles (Wagner 2000). Ewes that fail to acquire a minimum level of energyreserves (i.e.,body weight) maynot conceive (Wehausen 1984)or will produce smaller offspring with a poorer chance of survival (Price and White 1985). Ewes in thecaptive herd at the Bighorn Institute had high lamb production (mean 83.6 percent)and recruitment (mean 71.0 percent)during 1985 to 1998. Production and recruitment of individual ewes in captivity ranged from 0 to 108 percent;twins were produced twice.Between 1985 and 1998,71 lambs (30 males,41 females)were born to ewes 2 years of age or older,resulting in a sex ratio at birth of 0.73:1.Eleven of 71 lambs (15.5 percent)born in captivity and 6 of 39 lambs (15.4 percent)captured from the wild died in captivity.Lamb mortalities were attributed to disease (n=1 1),trauma or peritonitis (n=3), and undetermined causes (n=3)(Ostermann et at.in press).Lamb survival in the captive herd during 1999 was the lowest recorded for this population, with only two of seven lambs surviving to yearling age.Results from necropsies performed at the California Veterinary Diagnostic Laboratory indicated acute bacterial pneumonia (Pasteuretta spp.)as the cause of death in all five lambs.Previous studies have implicated severe stress as a factor in pasteurellosis in domestic ruminants (Frank and Smith 1983,Gilmour and Gilmour 1989),and in bighorn pneumonia epizootics (Feuerstein et at.1980,Spraker et at.1984,Festa-Bianchet 1988).During the 1999 lambing season,captive bighorn were observed fleeing from the feeding area in response to construction noise from nearby development projects on multiple occasions. Additionally,helicopters were documented flying over or adjacent to the enclosures and causing alarm responses (e.g.,running uphill)among captive bighorn on over 20 occasions between January and July 1999 (Bighorn Institute 1999).Stress resulting from human disturbance may have played a role in predisposing captive lambs to disease. 19 4.SURVIVORSHIIP In the San Jacinto Mountains, DeForge et at.(1997)monitored the survival of adult (2 or more years of age)radiocollared bighorn sheep during 1993 to 1996 and estimated annual adult survival to be 0.75 (1 equals 100 percent).During 1997 and 1998,annual survival in this ewe group was 0.67 and 0.86,respectively (Bighorn Institute 1997,1998). In the northern Santa Rosa Mountains ewe group,adult survivorship was monitored during a 14-year period (1985 to 1998),and was found to range between 0.50 and 1.00 annually (Table 3;Ostermann et at.in press). Regression analysis did not reveal an increasing or decreasing trend in survivorship during the 14 years.In this ewe group, which has been augmented with captive animals since 1985 (refer to sections I.C.1 and I.E.3),annual survival of captive reared animals (n equals 73,mean 0.80)was not statistically different from that of wild- rearedanimals (n equals 43,mean 0.81;Ostermann et at.in press). During November 1992 to May 1998,survivorship of 113 adult radio-collared bighorn sheep (97 ewes and 16 rams) wasmonitored between Highway 74 (in the Santa Rosa Mountains)and the U.S.-Mexico border.During this period,overall annual adult survivalwas 0.79 (Table 4), with no significantdifference among threeage classes of adults (Hayes et at.2000).Survivorship varied across years (range:0.72 to 0.91,Hayes et at.2000), but regression analysis did not reveal a decreasing or increasing trend in survivorship across years.Annual survivorship of individualewe groupsranged from 0.70 to 0.87,and a year of high survivorship in one group was not necessarily a year of high survivorship in other groups (E.Rubin,pers. comm.). Survival of adult bighorn sheep has been considered to be high until 10 years of age (Hansen 198Gb),or until shortly before the age of ecological longevity (Cowanand Geist 1971).However,observed values of annual adult survivorship in the Peninsular bighorn sheep appear low relative to otherreported desert populations:0.91 or greater in southeastern California (Andrew 1994),0.86 or greater in northwest Arizona (when highway mortalities were excluded, Cunningham and deVos 1992),0.82 in New Mexico (Logan et at.1996),and 20 Table 3. Annualsurvival estimatesa for yearling and adult bighorn sheep in the northern Santa Rosa Mountains ewe group for calendaryears 1985 to 1998 (excluding captive-reared animals; Ostermann et at.in press). Year Animal Months Survival (1.0 =100 percent) 95 percent Confidence Interval 1985 305 0.70 0.54-0.86 1986 282 0.88 0.76-1.00 1987 264 0.91 0.80-1.00 1988 234 0.90 0.77-1.00 1989 203 0.78 0.59-1.00 1990 145 0.79 0.57-1.00 1991 105 0.80 0.55-1.00 1992 86 0.88 0.65-1.00 1993 73 0.86 0.60-1.00 1994 45 0.50 0.10-0.90 1995 61 0.83 0.54-1.00 1996 52 0.80 0.45-1.00 1997 42 0.75 0.33-1.00 1998 42 1.00 1.00-1.00 aSu~ival calcujated using the Kaplan-Meier method modified for a staggered entry design (Pollock et al.1989). 0.85 or greater for four of five populations studied in the Mojave desert (Wehausen 1992).The one exception in the Mojave desert was a small population in the Granite Mountains,which was documented to have low adult annual survival (0.72)resulting from predation by mountain lions (Wehausen 1992). Survival of Bighorn Institute captive raised yearling and adult bighorn (n equals 73,1985-1998)12 months after release was 0.61.First year survival for females (0.64)was higher (p less than 0.005)than for males (0.55).First year survival for bighorn released asadults (0.75,n equals 12)was higher (p less than 0.01)than for bighorn released as yearlings (n 61,mean 0.57).After the first year in the wild,survival for captive-reared sheep improved substantially.Averageannual survival for captive-reared bighorn excluding the first year after release (0.88)was significantly higher than survival during the first year after release (p less than 21 Table 4.Annual survival of adult bighorn sheep (greater than or equal to 2 years of age)a,between Highway 74 (inthe Santa Rosa Mountains) and the U.S.-Mexico border,1992 to 1998 (Hayes et al.2000). Year Animal Months Annual Survival (1.0 =100 percent) 95 percent Confidence Interval 244 0.91 0.79-1.00 1993-1994 758 0.79 0.70-0.89 1994-1995 808 0.79 0.70-0.88 1995-1996 605 0.72 0.62-0.85 1996-1997 368 0.82 0.70-0.96 1997-1998 384 0.83 0.70-0.96 Total 3167 0.79 0.75-0.84 a Calculated using the program MICROMORT (Heisey and Fuller 1985). b June 1 of first year through May 31 of second year (except 1992,which started in November). 0.01)and survival for wild-reared bighorn during the same time period (p equals 0.05). Mountain lionpredation wasthe primarycause of death forreleased bighorn,followed by urbanization (Ostermann et at.in press). Between 1985 and 1998,survival for yearling and adult bighorn in the captive population at the Bighorn Institute ranged from 0.89 to 1.0 and averaged 0.98. The only adult bighorn mortality during this time periodwas the euthanasia of a terminally ill 14-year-old ewe.Three yearlings died in captivity,two from disease and one during transport for release (Ostermann et at.in press). In 1999,two adults and a yearling died in captivity:a 15-year-old ramwas euthanized after collapsing from abroken humerus;a 14-year-old ram died from complications with old age and bronchopneumonia;and a yearling ram died from an extensive cervical abscess (Bighorn Institute 1999). 5.CAUSES OF MORTALITY Cause specific mortality in the San Jacinto Mountains was studied from 1992 to 1998.Duringthis period, five mortalities were attributed to mountain lion (Puma concotor)predation, two were attributed to bobcat or mountain lion predation,and three died of unknown causes (DeForge et at.1997;Bighorn Institute 1997, 1998). 22 In the northern SantaRosa Mountains,artificially irrigated vegetation attracts bighorn sheep and creates a hazard. Though commonly thought to be the product of releasing captive-reared animals into the wild,behavioral habituation to urban sources of food and waterbegan when urbanizationstarted encroaching into bighorn habitat in the 1950’s,several decadesbefore population augmentation began in 1985 (Tevis 1959,DeForge and Scott 1982,Ostermann et at.in press,V. Bleich,pers. comm.). A study of cause-specific mortality conducted from 1991 to 1996 revealed that predation accounted for 28 percent of 32 adult bighorn sheep mortalities (25 percent due to lion predation and 3 percent due to either lionor bobcat predation)and 34 percent were directly caused by urbanization (DeForge and Ostermann 1998b).The remainder of mortalities were due to disease (3 percent)and undetermined causes (34 percent).Of the 11 adult mortalities attributed to urbanization,5 were due to automobile collisions,5 were caused by exotic plant poisoning,and 1 bighorn ram was strangled in a wire fence.An additional four bighorn sheep were struck but not killed by vehicles.Toxic plants causing mortality included oleander (Neriurn oleander)and laurel cherry (Prunus sp.)(Bighorn Institute 1995,1996).In 1970,a toxic,ornamental nightshade plant may havecaused the death of a young ram in PalmSprings (Weaver and Mensch 1970).Due to an absence of comprehensive studies of the toxicity of non-native plants to bighorn sheep,it is unclear how many additional ornamental plant species represent a risk to bighorn sheep in the Peninsular Ranges.Exposure to chemicals, such as fertilizers,herbicides,and insecticides used in developed areas, is also a concern (Turner 1978);however,little is known aboutthe level of exposure or effects on bighorn sheep.Preliminaryresults from an ongoing study of radiocollared lambs indicate that urbanization is also affecting lamb survival in this ewe group.Of the nine lamb mortalities recorded in 1998 and 1999,five were attributed to coyote or bobcat predation,one to mountain lion predation,and three to thedirect and indirect effects of urbanization (automobile collision and drowning in a swimming pool). Dogs also have been observed to chase bighorn ewes and their lambs near residential areas (E.Rubin,pers. comm.).Eight of the ninedeaths occurred within 300 meters (980 feet)of the urban interface (Bighorn Institute 1999). 23 Though mule deer (Odocoiteus hemionus)arethe primary prey of mountain lions in North America (Anderson 1983),and the range of bighorn sheep in the PeninsularRanges largely avoids overlapwith mule deer, lion predation threatens individualewe groups in the PeninsularRanges (Hayes et at.2000)and has the potential to affect population recovery.From November 1992 to May 1998, Hayes et at.(2000)found theprimary cause of death of radio-collared adult bighorn sheep between Highway 74 (in the Santa Rosa Mountains)and the U.S.- Mexico border was predation by mountain lions.Lion predation accounted for at least 69 percent of the 61 adult mortalities and occurred in each of the ewe groups in this portion of the range (Hayes et at.2000). Annually, lionpredation accounted for 50 to 100 percent of the bighorn sheep mortality,and did not exhibit a decreasing or increasing trend during 1993 to 1997.Lionpredation appeared to show a seasonal pattern,with the majority of incidents occurring during the cooler and wetter months of the year.A bighorn sheep’s risk of predation did not appear to be related to its age. In this study,the remainder of mortalities were classified as:16 percent--causes other than predation and 15 percent--undetermined cause. It is unknown,however, how currentlevels of lion predation observed throughout thePeninsular Ranges compare to historic levels.Lions or sign of lion havebeen observed in the habitat of Peninsularbighorn sheep sincethe 1950’s (Jones et at. 1957,Jorgensen and Turner 1973,Gross 1987,Sanchez 1988,Bighorn Institute 1990).However, the literature indicates a lack of agreement on recent mountain lion population trends in California (Smallwood 1994,Smallwood and Fitzhugh 1995,Torres et al.1996,Wehausen 1996).Past incidents of lionpredation were documented by Jorgensen and Turner(1975), Gross (1987),and Bighorn Institute (1998,1999).Reported incidents of lion predation were not common in the past and predation was not considered to be a serious risk to bighorn sheep (Weaver and Mensch 1970,Jorgensen and Turner 1975,Cunningham 1982),but it is important to note that the increase in the number of radio-collared bighorn sheep since 1993 has greatly increased thedetection of such mortalities. Because of the rough desert terrain and the manner in which lions handle their prey (burying or caching under dirt or brush),carcasses of lion-killed bighorn sheep are difficult to find without the aid of telemetry.However, dead bighorn sheep without radio- 24 collars have been found opportunistically during early and recent field work,and• it has been suggested that the proportion of these that were killed by lions may have increased.It is possible that other causes of mortality,for example past episodes of diseases, have altered the proportion of mortalities attributed to lion predation. Past field observations and records in areas far from the Coachella Valley urban interfacedocumented mortalities resulting from predation (of lambs)by coyotes (Canis tatrans)(Weaver and Mensch 1970,Jorgensen and Turner 1975,DeForge and Scott 1982),train collisions (Jorgensen and Turner 1973),automobile collisions (Turner 1976,Hicks 1978),poaching (Jones et at.1957,Jorgensen and Turner 1973,Cunningham 1982),and accidental falls (Turner 1976).Golden eagles (Aquita chrvsaetos)and bobcats (Lynx rufus)are also potential predators. 6.COMPETITION In thePeninsular Ranges,bighorn sheep potentially compete for resources with other native ungulates (mule deer), domestic livestock (cattle),feral animals (horses),and humans.Bighorn sheep and deerhabitat overlap primarily atthe upper elevations of bighorn habitat,with possible geographic and seasonal differences in the degree ofoverlap. Jones (1980) summarized reports of possible competition for food and water between deer and bighorn sheep in other mountain ranges.Jones et at.(1957) and Weaver et at.(1968)speculated that competition betweenthe two species may occur but likely was limited in the Peninsular Ranges.Thehabitat use patterns of deer in the PeninsularRanges havenot been studied;therefore,levels of competition arenot known.Recent observations suggest that non-native honey bees (Apis meltifera)could affect bighorn sheep use of certain watersources (W.Boyce, pers.comm.). Numerous reports and observations indicate that cattlegrazing can be detrimental to bighorn sheep populations,either through direct competition for forage or water,or through vegetation changes in response to cattle grazing (reviewed by McQuivey 1978 and Jones 1980)and potential disease transmission (e.g., DeForge et at.1982,Clark et at.1985,Jessup 1981,Jessup 1985,Clark et at. 25 1993,refer to section I.B.7 and I.D),although see Singer et at.(1997). Historically,largenumbers of cattle were grazed in the Peninsular Ranges (Reed 1986;Appendix A).Numbers were greatly reduced when Anza-Borrego Desert State Park was established in 1933 and grazing leases on park lands were terminated in 1970,although cattle have continued to trespass on Park lands from adjacent allotments. Cunningham and Ohmart (1986) found that dietary overlap between cattle and Peninsular bighorn sheep in Carrizo Canyon was low (less than or equal to 18.2 percent)but notedthat during their study,the two species used different vegetation associations.These authors cautioned that competition might increase if:1)cattle were introduced to bighorn sheep habitat (with the impact being most serious atwater sources),or 2)drought reduced the availability of annual plants. In 1989,cattle were observed ata water source used by bighorn sheep in Carrizo Canyon (Clark et at.1993),indicating that cattlewere using bighorn sheep habitat in the study site of Cunningham and Ohrnart (1986). Cattle were also found in bighorn sheep habitat in Coyote Canyon, Rockhouse Canyon, Hellhole Canyon,and Bow Willow Canyon (M.Jorgensen, pers.comm.). During 1987 to 1989,Anza-Borrego Desert State Park personnel removed 117 cattle from park land (M.Jorgensen, pers.comm.);however, cattle (both feral or straying cattle,and those currently grazed legally on grazing allotments)are still found in or near bighorn sheep habitat in the Peninsular Ranges,and represent a potential risk to bighorn sheep. Domestic sheep presentproblems similar to cattle with regard to competition; however,their presence represents an even greater threat due to an increased risk of transmitting fatal diseases to bighorn (referto section I.B.7 and I.D).Domestic goats also are potentially serious competitors because of their ability to maneuver in rough country and their propensity to overgraze forage.Jones et at.(1957) found approximately 30 goats in Martinez Canyon in the Santa Rosa Mountains in 1957 and observed that theyhad heavily used part of this canyon.R.Weaver (California Department of Fish and Game retired,pers.comm.)also observed goats in this area and atthe southern edge of the U.S.Peninsular Ranges (south of Highway 8)in the late 1960’s.Goats persisted in Martinez and Sumac Canyons (Santa Rosa Mountains)until the early 1980’s (Bighorn Institute 1983,1984a, 1984b, 1985a, 1985b;V.Bleich,pers.comm.;D.Jessup in tilt.1999).There are 26 currently no known domestic sheep or goats in therange of the Peninsularbighorn sheep,though transient ram movements,suchas alongthe Sunrise Highway (51 in San Diego County)could encounter sheep or goats in peripheral areas; reintroduction of these species would create a serious risk to Peninsular bighom sheep. Many researchers have documented high levels of competition,both forwater and forage,between burros (Equus asinus)and bighorn sheep (e.g.,Weaver 1959, 1972, 1973;Mensch 1970;Seegmiller and Ohrnart 1981;Andrew et at.1997; Jones 1980).Jones et al.(1957)reported the presence of burros in Martinez Canyon and speculated that their use of water sources could interferewith bighorn sheep use. Burros also inhabited Rockhouse Canyon (north)from approximately the 1930’s to the early 1970’s (M.Jorgensen,pers. comm.). No burros are currently known to inhabit thePeninsular Ranges,but they could pose a risk for bighorn sheep if introduced.Feral horses (Equus cabattus)currently inhabit Coyote Canyon in Anza-Borrego Desert State Park (Auza-Borrego Desert State Park,unpublished data)and Palm Canyon (San Jacinto Mountains). Competition between feral horses and bighorn sheep has not been extensively studied,but increasing horse populations were reported to coincide with decreasing bighorn sheep populations in the Silver Peak Range in Nevada (McQuivey 1978). Similarly,during the 3-day waterhole counts at Anza-Borrego Desert State Park in 1999 and 2000,the continuous presence of 16 and 21 wild horses,respectively, around a traditionallyused waterhole coincided with an absence of bighorn coming to water overboth census periods (M.Jorgensen,pers.comm.). M.Jorgensen has observed that during periods of poor range forage conditions, horses congregate around water sourcesmorethan usual,causing damage similar to that of burros by consuming thebest available forage and fouling surface waters. Competition with domestic livestock,especially domestic sheep (Brigandi 1995), has affected bighorn sheep in the past (refer to Appendix A).Cattle were present in the Peninsular Ranges as early as 1775 (Bolton 1930)and were grazed in large numbers throughout the range (Turner 1976,Reed 1986,Cunningham and Ohmart 1986).Currently,competition with livestock is low in thePeninsular Ranges 27 because of past and current efforts to limit livestock numbers.However, competition may still occur in localized situations.Forexample, bighorn use of Hellhole Canyon has increased measurably since the removal of over two dozen cattle from the canyon and 117 cattle throughout the park in 1987 (M.Jorgensen, pers. comm.). In Canebrake Canyon,current Bureau of Land Management grazing permits allowing cattle to use water sources located below bighorn sheep lambing areasmaybe affectingthe Carrizo Canyon ewe group. This ewe group also maybe affectedby cattle that stray out of a grazing allotment in McCain Valley.In addition,thepotential risk of disease transmission exists as long as livestock occur in bighorn sheep habitat. 7.DISEASE AND PARASITISM It hasbeen hypothesized that disease has played an important role in population dynamics of bighorn sheep in thePeninsular Ranges (DeForge et at.1982, DeForge and Scott 1982,Turner and Payson 1982,Wehausen et at.1987). Numerous pathogens havebeen isolated or detected by serologic assay from bighorn sheep in these ranges.These pathogens include bluetongue virus, contagious ecthyma virus,parainfluenza-3 virus,bovine respiratory syncytial virus,Anaptasma, Chtamvdia, Leptospira,Pasz’euretta,Psoroptes,and Dermacentor (DeForge et at.,1982;Clark et at.1985, 1993;Mazet et at.1992; Elliott et at.1994;Boyce 1995;Crosbie et at.,1997,DeForge et at.1997). DeForge et at.(1982) found multiple pathogens (contagious ecthyma virus,blue tongue,Pasteuretta,and parainfluenza virus)and low lamb recruitment in association with overall population declines.Between 1982 and 1998,39 lambs showing signs of illness (lethargy,droopy ears,nasal discharge, and lung consolidation) were collected from the Santa Rosa (northern and southern), Jacumba,and In-Ko-PahMountains for disease research and rehabilitation atthe Bighorn Institute (Ostermann et at.in press).Additionally,DeForge et at.(1995) documented a population decline throughout the Santa Rosa Mountains during 1983 to 1994,resulting from inadequate recruitment.Although a cause and effect relationship between disease and population decline has not been clearly established in thePeninsular Ranges, results from several studies provide support 28 forthis hypothesis (DeForge et at.1982,Clark et at.1985,Wehausen et at.1987, Clark et at.1993,Elliot et at.1994,DeForge et at.1995).The presence of feral goats in portions of theSanta Rosa Mountains until the late 1970’s to early 1980’s may have contributed to exposure of wild bighorn to disease during this period of population decline (D.Jessup,in th~t.1999). Analysis of spatial variation in pathogen exposure among bighorn sheep sampled between 1978 to 1990 showed that Peninsular bighorn sheep populations and other populations in southern California have higher levels of pathogen exposure than other populations of bighorn sheep in the State (Elliott et al.1994). However,serological tests have revealedthe presence of antibodies to several infectious disease agents in both healthy and clinically-ill animals (Clark et at. 1993,Elliott et at.1994;Boyce 1995,DeForge et at.1997),and essentially all of the viruses,bacteria,and parasites that have been reported from Peninsular bighorn sheep appear to be widespread among desertbighorn sheep in thewestern U.S.(Jessup et at.1990). All evidence indicates that the influence of disease in thePeninsular Ranges has subsided in more recent years.For example,recent sampling and examination of bighorn sheep throughout therange indicate that most animals were clinicallynormal (Boyce 1995;DeForge et at.1997;Bighorn Institute 1997, 1998,1999).Severalcaveats should be kept in mind when interpreting serologic testresults of wild animals (Gardner et at.1996).An animal testing positive for a specific pathogen:1)may ormay not be showing clinical signs of the infection and may never havebeen adversely affected by the infection, 2) may no longerharbor the pathogen, 3) mayor may not be resistant to subsequent re-infection,or 4) may have been exposed to a related pathogen that induced the formation of cross-reactive antibodies.Onthe other hand,an animal testing negative:1)may neverhave been exposed to the pathogen, 2) may be recently infected by the pathogen under scrutinybut not yetproducing antibodies, or 3)may havebeen exposed to the pathogen and developed an antibody titer that has subsequently abated.Detection of pathogens does not,in itself,imply a causal relationship between disease and population declines. Additional research is necessary to better understand this relationship.Furthermore,it appears that risk of disease and parasites might differ among ewe groups based on their exposure 29 and their habitat use patterns,so future research should address these questions at the level of the ewe group and the level of the population. The reduced influence of disease on Peninsular bighorn sheep (asthey simultaneously continue to decline)suggests that other factors,such as predation, habitat loss/modification,and human related disturbance currently limit the population.Nonetheless,disease and/orparasites may still threaten bighorn sheep in the northern Santa Rosa Mountains.Bighorn sheep in this group have exhibited low lamb recruitment (refer to section I.B.3),and clinical signs of illness have been observed among adults and lambs (DeForge and Scott 1982; Bighorn Institute 1997;DeForge and Ostermann 1998a;E.Rubin,pers.comm.). Inaddition, during 1991 to 1998,internal parasites (trichostrongyles)were detected in this ewe group (DeForge and Ostermann 1998b;E.Rubin and W. Boyce,pers.comm.),while similar sampling failed to detect theseparasites in bighorn sheep from the remainder of the range (DeForge ei’at.1997;Bighorn Institute 1998;E.Rubin and W.Boyce,pers.comm.). Habitat modification and altered habitat use patterns may increase the risk of disease and parasites in this group by increasing parasite survival or transmission rates in irrigated landscapes (Bighorn Institute 1997,DeForge and Ostermann 1998b).It has been suggested, for instance,that the density of Rocky Mountain bighorn sheep is important in the transmission of lungworms (Protostrongytus)in mesic areas where the snail intermediate hosts aresufficiently common (Uhazy and Holmes 1973).The different ewe groups in thePeninsular Ranges apparently havedifferent pathogen exposure profiles and risks. C.ABUNDANCE AND DISTRIBUTION 1.HISTORIC ABUNDANCE AND DISTRIBUTION Bighorn sheep have been documented in thePeninsular Ranges since early explorers such as Auza observed them in the 1700’s (Bolton 1930);however, rangewide population estimates were not made until the I 970’s.Published estimates were as high as 971 in 1972 (Weaver 1972),and 1,171 in 1974 (Weaver 1975),while more recent estimates were 570 in 1988 (Weaver 1989),400 in 1992 (U.S.Fish and Wildlife Service 1992),and between 327 to 524 in 1993 (Torres et at.1994).Accuracy of the estimates in theearly 1970’s (pre-helicopter surveys), 30 especially in the San Jacinto Mountains,has been questioned by several authorities (Wehausen 1999;V.Bleich,pers. comm.) (see section I.C.3 below for more details). An examination of past records and currentdata suggests that the distribution of bighorn sheep has been altered during the past 25 years.No new ewe groups have been documented to form,but ewe groups along the Mexican border and in the northern San Jacinto Mountains (north of Chino Canyon)have disappeared since the 1980’s.Loss of the border population was poorly documented but the construction of Interstate 8 in themid-1960’s,railroad activity,livestock grazing, poaching,and fire suppressionappear to be likely contributing causes (Rubin et at.1998).DeForge et at.(1997)suggested that disturbance and habitat fragmentation were theprincipal causes of changes in distribution in the northern San Jacinto Mountains.In the northern Santa Rosa Mountains, the number and distribution of ewes is substantiallyreduced from the 1980’s,with formerly important use areas,such as Carrizo and Dead Indian Canyons,currently supporting few animals (J. D.Goodman,University of Redlands,unpublished data 1963;DeForge and Scott 1982;DeForge et at.1995;Bighorn Institute 1998, 1999).The Fish Creek Mountains and areas to the west of the Vallecito Mountains (the Sawtooth Range,Oriflamme Mountains,and the lower elevations of the Laguna Mountains) are believed to have supported “transient”use by sheep in the past (Weaver et at.1968,Weaver 1972). Thedistribution of ewes has become more fragmented in the recent past,although evidence is not available to suggest that ram use has been curtailed.At the southern distributional limits of the U.S.population, the construction of Interstate 8 preceded the later disappearance of bighorn sheep alongthe Mexican border, though rams still continue to be foundoccasionally (Jessup,in titt.2000).At the extreme northern end of their range,ewe group occupation ceased in the northern San Jacinto Mountains about 20 years after construction of the Palm Springs Aerial Tramway in Chino Canyon,though rams still cross Chino Canyon and make use of much of the area formerlyoccupied by the ewe group.Rubin et at. (1998) suggested that in portions of the range,roads or increased traffic have contributed to fragmentation by restricting ewe movement, as evidenced by the distributional limits of four ewe groups currently coinciding with roadways.In the 1970’s,ewes were observed to crossHighway 74 in the Santa Rosa Mountains 31 (V.Bleich,pers.comm.;D.Jessup,in titt.1999)and sheep were struck by cars “where ancestral bighorn trails arebisected by the highway”(Turner 1976). Though a radio-collared ewe crossed Highway 74 in 1982 (DeForge and Scott 1982),no radio-collared ewes were observed to cross this road from 1993 to the present. CaliforniaDepartment of Transportation records indicate that traffic on this road has approximatelytripled since 1970.Since 1991,at least five rams have been struck by cars while crossing Highway 74;two were killed (Bighorn Institute 1991, 1999).In addition,a significant reduction in bighorn use in portions of the Santa Rosa Mountains has been observed sincethe construction of theDunn Road (DeForge in litt.1997). 2.RECENT ABUNDANCE AND DISTRIBUTION Recent abundance estimates of Peninsularbighorn sheep north of the U.S.-Mexico border were 347, 276,and 334 animals (excluding lambs)in 1994,1996,and 1998,respectively (Table 5).Currently,at least eight subpopulations (ewe groups) exist in the range (Rubin et at.1998)(Figure 3,Table 6).It is possible that the Santa RosaMountains southeast of Highway 74 and the Vallecito Mountains are each inhabited by more than one ewe group,but additional data are required to confirm this.During 1994 to 1998,thelargest ewe groups in the Peninsular Ranges typically consisted of less than 30 ewes, while some groups had less than 15 ewes (DeForge et at.1997;Rubin et at.1998, 1999;Ostermann et at.in press)(Table 6). The San Jacinto ewe group currently consists of six known ewes (Bighorn Institute 1999).Although permanent emigration of ewes between groups has not been observed,a limited number of temporary moves between some groups were documented in recent years (Bighorn Institute 1998, 1999;Rubin et at.1998),and genetic evidence indicates ewe movement in the past (Boyce et at.1997).Ram movements between ewe groups aremore frequent (DeForge et at.1997,Rubin et at.1998,refer to section I.B.2).These observationaldata are supported by genetic analyses (Boyce et at.1997,Boyce et at.1999,refer to section I.A.3).The existence of distinct ewe groups that are connectedby limited movement of bighorn sheep suggests that Peninsular bighorn sheep comprise a metapopulation (Levins 1970,Torres et at.1994,Bleich et at. 1996,Boyce et at.1997).Bighorn sheep exhibit a patchydistribution as a result of natural breaks in mountainous habitat(Schwartz et at.1986;Bleich et at. 1 990a,1996),and genetic analyses support the hypothesis that discrete ewe 32 Figure 3.Distribution of bighorn ewes in the Peninsular Ranges, California,1992-1995.Stippled and shaded areas indicate regions used by home-range groups of ewes identified in this study.1-Carrizo Canyon,2a-south Vallecito Mountains,2b-northVallecito Mountains,3-south San Ysidro Mountains, 4-north San Ysidro Mountains, 5-Coyote Canyon,6a-Santa Rosa Mountains east of Highway 74 (south),6b-Santa Rosa Mountains east of Highway 74 (Martinez Canyon),6c-Santa Rosa Mountains east of Highway 74 (Deep Canyon),7-Santa Rosa Mountains west of Highway 74,8-San Jacinto. Mountains (U indicates general location of this group,DeForge et aI.1997).Wide hatch marks indicate possible connectivity between ewe groups in the Vallecito Mountains and in the Santa Rosa Mountains.(Reprinted with permission from Rubin et al.1998). 33 0 10 20 Kilometers Jacumua Mtns United StateS~Mexico border groups existed in thepast (Boyce et at.1999).However,it appears that some separations between groups are of anthropogenic origin and movement of ewes has been reduced by human activity (DeForge et at.1997,Rubin ei at.1998,refer to section L.C.2). Two captive populations of Peninsular bighorn sheep currently exist.The Living Desert Museum,an educational and zoo facility in Palm Desert,California, maintains a small group (seven adult females and two adult males) at its facility. Theseanimals are used primarily for educational purposes (Terrie Correll, The Living Desert,pers. comm.). The Bighorn Institute,also in Palm Desert, maintains a small captive herd of approximately 30 animals.This private, nonprofit organization, established in 1982 under theauthorization of the California Department of Fish and Game with a Memorandum of Understanding, Table 5.Abundance estimates (and 95 percent confidence intervals) of bighorn sheep in the Peninsular Ranges north of the U.S.-Mexico border during 1994, 1996, and 1998. Estimates exclude lambs (DeForge et al.1995;Bighorn Institute 1996, 1998). Region 1994 1996 1998 Source(s) Anza-Borrego Desert State Park (including all habitat outside of Santa Rosa and San Jacinto Mountains) 214.0 (149.8 to 278.6) 163.0 (131.8 to 194.2) 180.7 (149.5 to 211.9) Rubin etat. 1998,1999 Santa Rosa Mountains 115.5 (91.5 to 139.5) 93.8 (71.8 to 115.8) 129.0 (91.1 to 166.9) DeForge et at. 1995,Bighorn Institute 1996, 1998 San Jacinto Mountainsa 17 (NA)19 (NA)24 (NA)DeForge et at. 1997,Bighorn Institute 1998 Total 347 (253 to 458) 276 (210 to 439) 334 (262 to 434) aMinimum number known to be alive, based on absolute counts (intensive field studies of radio- collared animals in combination with annual helicopter surveys).Confidence intervals unavailable. 34 conducts research and maintains a breeding herd at its facility (refer to section J.E.3).Since 1985,77 animals from this herd have been released into the wild. Ewe groups in the San Jacinto and northern Santa Rosa Mountains havebeen augmented with captive-reared sheep (n equals 3 in 1997 and 74 during 1985- 1998,respectively)(Ostermann et at.in press). 3.POPULATION TRENDS Although based on different techniques,a comparison of early (pre-1977) and currentpopulation estimates suggests a great decline in Peninsular bighorn sheep numbers.Early estimates were based on waterhole counts or foot surveys, whereas helicopter surveys were used to generate population estimates starting in Table 6.Ewe abundance estimates (and 95 percent confidence intervals) per ewe group generated from helicopter surveys during 1994, 1996,and 1998 (Rubin et al. 1998,1999;DeForge et al.1997;DeForge et al.1995;Bighorn Institute 1996,1998). Current ewe group delineation Year 1994 Year 1996 Year 1998 I.Carrizo Canyon 39.0 (20.9-57.2) 23.5 (17.7-29.3) 19.0 (19.0-19.0) 2.Vallecito Mountains 17.7 (6.7-28.6) 19.0 (19.0-19.0) 30.2 (24.3-36.1) 3.South SanYsidro Mountains 15.3 (9.9-20.6) 12.3 (6.9-17.8) 23.0 (8.3-37.7) 4.North San Ysidro Mountains 32.0 (9.5-54.5) 22.1 (16.2-28.1) 15.3 (6.2-24.5) 5.Coyote Canyon 21.8 (15.4-28.2) 23.0 (5.5-40.5) 22.8 (17.5-28.0) 6.Santa Rosa Mountains east of Hwy.74 66.2 (42.4-90.0) 83.0 (27.3-138.7) 48.3 (31.6-65.0) 7.SantaRosaMts. west of Hwy.74 15.9 (13.5-18.3) 14 (14.0-14.0) 11.6 (9.7-13.5) 8.San Jacinto Mountainsa ( (na) ( (na) ( (na) ~Minimumnumber known to be alive,based on absolute population counts (intensive field studies of radiocollared animals in combination with annual helicopter surveys).Confidence intervals are unavailable. 35 1977.Annual helicopter surveys conducted in the Santa Rosa Mountains since 1977 indicate a regional population decline (DeForge et at.1995,Wehausen et at. 1987),with a 69 percent decline observed between 1984 and 1994 (DeForge et at. 1995).Rubin et at.(1998)examined trends in abundance outside of the Santa Rosa Mountains with the use of a 26-yeardataset of annual waterhole count observations in Auza-Borrego Desert State Park.These data indicated that declines had occurred in some,but not all,ewe groups.This result suggests that abundance trends are independent among ewe groups,and is in agreement with field data that show independent differences in lamb recruitment and adult survival among ewe groups (Rubin et at.2000.,Hayes et at.2000,refer to sections I.B.3 and I.B.4).Climatic patterns are highly correlated across the Peninsular Ranges,suggesting that other local factors specific to ewe groups play important roles in determining long-term abundance trends (Rubin et at.1998). Independent population trends also were observed among ewe groups in the Mojave Desert (Wehausen 1992). DeForge et at.(1997) found that bighorn sheep in the San JacintoMountains declined between 1984 and 1987.Since that time the subpopulation inhabiting these mountains has been stable but precariously small (Table 7).In the Santa Rosa Mountains,mark-recapture estimatesgenerated from helicopter survey data indicated that bighorn sheep numbers appeared to remain stable at low numbers from 1990 to 1995,followinga large population decline (DeForge et at.1995).In thenorthern part of these mountains,thecurrent number of animals is approximately 50 percent of the number present during the 1980’s (Table 8). Helicopter surveys south of theSanta Rosa Mountains, encompassing all Peninsular bighorn sheep habitat outside of the Santa Rosa and San Jacinto Mountains, indicated a 28 percent decline in ewe numbers in a recent 2-year period (from an estimate of 141 females in 1994 to 102 females in 1996;Rubin et at.1998),and a statistically non-significant increase (from approximately 102 to 112 females)from 1996 to 1998 (Rubin et at.1999). Though cause and effect relationships for these population declines among ewe groups have not been documented,likely contributing factors are:high predation rates; disease;and cumulative effects of habitat loss,modification,fragmentation and human-related disturbance. 36 a Table 7.Ewe population estimates for the San Jacinto Mountains from 1993 to 1999 (DeForge et al.1997; Bighorn Institute 1997,1998,1999). Year Number of ewes (yearlings and adults) 1993 10 1994 7 1995 8 1996 7 1997 9 1998 8 1999 6 a Table 8.Fall population estimates of adult (1 year or older) bighorn sheep in the northern Santa Rosa Mountains from 1985 to 1998 (Ostermann et al.in press). Fall population Number of captive- estimate of reared bighorn in yearling and adult the population Year bighorn (ewes) 1985 40(22)1 1986 46(25)5 1987 52(30)16 1988 52(33)19 1989 50(32)20 1990 41(24)26 1991 30(21)17 1992 35 (24)20 1993 27(17)16 1994 23(11)16 1995 24(10)16 1996 21(10)16 1997 22(11)16 1998 22(10)15 a minimum number known to be alive,based on absolute population count. 37 D.REASONS FOR LISTING The following discussion is organized according to the listing criteria under section 4(a)(1)of the Endangered Species Act. I.THE PRESENT ORTHREATENED DESTRUCTION,MODIIFICATION, OR CURTAILMENT OF THEIR HABITAT OR RANGE Habitat loss is a leading cause of current species extinctions and endangerment (Burgman et at.1993).It represents a particularly serious threat to Peninsular bighorn sheep because they live in a narrow band of lower elevation habitat that represents some of the most desirable real estate in theCalifornia desert and is beingdeveloped at a rapidpace.At least 7,490 hectares (18,500 acres or about 30 square miles)of suitable habitat has been lost to urbanization and agriculture within the range of the three ewe groups that occuralong the urban interface between Palm Springs and La Quinta (see the maps referenced in Appendix B). Within the narrow band of habitat, bighorn sheep need to be able to move daily, seasonally,and annually to make use of sparse and sometimes sporadically available resources found within their home ranges.As humans encroach into this habitat,these resources are eliminated or reduced in value,and the survival of ewe groups is threatened. Bighorn sheep are also sensitive to habitat loss or modification because they are poor dispersers (Geist 1967,1971),largely learning their ranging patterns from older animals rather than on their own(refer to section I.B.2).When habitat is lost or modified, the affected group is likely to remain within their familiar surroundings but with reduced likelihood of population persistence,due to reduced quantity and/or quality of resources.Habitat fragmentation is a major threat to bighorn sheep (Schwartz et at.1986,Bleich et at.1996)and Peninsular bighorn sheep are particularly vulnerable because of the narrow elevational band of suitable habitat, behavior (use of low elevation habitat and ewe home range fidelity),and population structure.Fragmentation poses a particularly severe threat to species with a metapopulation structure because overall survival depends on interaction among subpopulations.Encroaching urban development and anthropogenic disturbances have the dual effect of restricting animals to a smaller area and severing connections betweenewe groups.Movements by rams through downtown Palm Springs (Tevis 1959, Desert Sun,9/12/1995, DeForge et at.1997)mayprovide insight intopast bighorn 38 movement patterns.Former long-distance movements across the valley floor to the north and east of the Coachella Valley,though never documented,likely occurred as they currently still do between other mountain ranges in the desert southwest (Bleich et at.1996;J. Wehausen, pers. comm.). The potential for such movements now has been eliminated by high density urban development,major freeways,fences,agriculture,and canals.The movement of rams and occasional ewesbetween ewe groups maintains genetic diversity and augments populations of individual ewe groups (Soul~1980,Krausman and Leopold 1986,Schwartz et at.1986,Burgman et at.1993,refer to section II.A.2).The occasional movement of ewes can result in a “rescue effect”(Brown and Kodric-Brown 1977)by increasing the number of ewes in a declining ewe group.Temporary moves by females between neighboring ewe groups could also provide new habitat knowledge that facilitatesfuture range expansion (Geist 1971).Increased fragmentation reduces such possibilities. Beyond physical barriers to movement,fragmentation also canresult from less obvious forms of habitat modification.As described above in section I.C.2, increased traffic on roads apparently make bighorn sheep,especially ewes, hesitant to crossthese roads (Rubin et at.1998).Animals that do crosssuffer an additional risk of mortality (Turner 1976,McQuivey 1978,Cunningham and deVos 1992,DeForge and Ostermann 1 998b,Bighorn Institute 1999),with the result that a group whose range is bisected by the road can have reduced viability in the long term (Cunningham and deVos 1992). Human disturbance along roads and trails cancause sheep to avoid those areas (Papouchis et at.1999),potentially affecting bighorn sheep movement and habitat use (refer to section I.B.2),thereby “fragmenting”bighorn sheep distribution although the habitat appears to be intact. Development and human populations along the eastern slope of the Peninsular Ranges continue to grow ata rapidpace atthe lower and upper elevational boundaries of Peninsularbighorn sheep habitat.TheCoachella Valley Association of Governments anticipates that by the year 2010,the human population there will increase from 227,000 to over 497,000,not including 165,000 to 200,000 seasonal residents. Bighorn population declines typically have been most pronounced in ewe groups adjoining the urban interface in Coachella Valley.The decline in local bighorn populations in the San Jacinto and northern Santa Rosa Mountains parallels the demise of sheep populations near 39 Albuquerque and Tucson (Krausman et at.in prep.),other major metropolitan areas that have encroached into sheep habitat in the desert southwest.Other cumulative factors caused by human activities within bighorn sheep habitat are discussed in detailbelow (refer to section I.D.5). 2.OVERUTILIZATION FOR COMMERCIAL,RECREATIONAL, SCIENTIFIC,OR EDUCATIONAL PURPOSES There is no regulated hunting season forPeninsular bighorn sheep in the United States,and poaching is rarely documented.Precautions should continue to be taken,however,to prevent poaching.The Bighorn Institute and Living Desert Museum each maintain a captive population of Peninsular bighorn sheep for scientific and educational purposes.This use is thought to have no negative impact on free-ranging bighorn sheep.Researchers are required to obtain State and Federalpermits before handling Peninsularbighorn sheep.Although current research techniques are not believed to have a negative impact on bighorn sheep, how research is carried out must always be a consideration (Bleich et at.1994, see Appendix D). 3.DISEASE AND PREDATION The westward spread of Europeans and their domestic livestock across North America wasthought to play a significant role in reducing thedistribution and abundance of bighorn sheep due to the introduction of new infectious diseases (Spraker 1977,Onderka and Wishart 1984).In particular, domestic sheep have beenrepeatedly implicated in Pasteuretta pneumonia die-offs of bighorn sheep. In the Peninsular Ranges,a number of pathogens have been isolated or detected by serological assay from bighorn sheep (refer to section I.B.7).In the Santa Rosa Mountains,many years of high lamb mortality from an apparent disease epizootic contributed to a population decline from inadequate recruitment (DeForge and Scott 1982,Wehausen et at.1987,DeForge et at.1995).Although diseases do not currently appear to be limiting population growth throughout the range,they pose a potential threat that could occur at any time,especially if disease episodes can be precipitated by chronic levels of disturbance (Geist 1971,Hamilton et at. 1982,Spraker et at.1984,King and Workman 1986,Festa-Bianchet 1988,Desert Bighorn Council 1992). 40 Mountain lion predation is an apparent limiting factor for some ewe groups in the Peninsular Ranges;69 percent of 61 mortalities of radiocollared sheep from 1992 to 1998 between Highway 74 in the Santa Rosa Mountains and Mexican border are attributed to mountain lions (Hayes et at.2000).The relatively low survivorship of adults (section I.B.4)and associated population declines have recently affected therecovery of most ewe groups. 4.THE INADEQUACY OF EXISTING REGULATORY MECHANISMS In 1971,the Peninsularbighorn sheep was listed under California State law as a rare species.The designation was changed to “threatened”in 1984 to standardize terminology of the amended California Endangered Species Act.The Peninsular bighorn sheep also is listed by the State as a “fully protected species”under the Fish and Game Code (Section 4700).The California Environmental Quality Act, which allows public comment and generallyrequires mitigation for significant environmental effects,including adverse impacts to State and federally listed species, has not resulted in conservation benefits sufficient to maintain stable populations. The Bureau of Land Management and California Department of Fish and Game jointly developed theSanta Rosa Mountains Habitat Management Plan in 1980 and McCainValley Habitat Management Plan in 1984 to address the needs,as identified at that time,of bighorn sheep in these areas.The Department of Fish and Game also established the Carrizo Canyon and Magnesia Spring Ecological Reserves to protect important watering sites.Theeffectiveness of these management areas in the SantaRosa Mountains has been limited because of heavy human use, lack of management presence,and limited funding.The lack of funds also has prevented acquisition of all private lands within theprotected areas, resulting in continued fragmentation by development.The existence of private inholdings within theboundaries of Anza-Borrego Desert State Park is also a potential threat to Peninsular bighorn sheep because these lands include prime bighorn sheep habitat,but a lack of funding and/or unwilling sellers have prevented public acquisition to date. In California,it is Bureau of Land Management policy to conserve State-listed plants and animals and to use its authorities in furtherance of the purposes of the 41 State of California’s rare and endangered species laws. The Bureau of Land Management and California Department of Fish and Game have developed conference procedures to promotecooperation in the application of this policy, although they are inconsistently implemented.Neither State listing nor the proposed Federal listing of bighorn sheep prompted land management agencies to effectively address adverse effects associated with land exchanges,recreational and commercial uses,and livestock grazing programs.Although domestic sheep on Federal lands in the Peninsular Ranges are not a current threat,adverse effects from cattle grazing (including resource competition,degradation of water sources, and disease transmission)require resolution. A number of development projects with potentially significant adverse effects on bighorn sheep recently have been approved because project proposals and local General Plans for most of the cities in the Coachella Valley inadequately address threats to the long-term conservation of Peninsularbighorn sheep.Though some habitat protection is derived from the presence of the State and federally listed least Bell’s vireo (Vireo bettii pusittus)and southwestern willow flycatcher (Empidonax traitiji extimus),benefits are limited due to the specialized habitats (riparian woodland)used by these birds.Section 404 of the Clean Water Act provides protection through the U.S.Army Corps of Engineers’regulation of the discharge of dredged and fill material into certainwaters and wetlands of the United States,but Corps’jurisdiction can be avoided under various situations. 5.OTHER NATURAL OR MANMADE FACTORS AFFECTING THEIR CONTINUED EXISTENCE Drought:Prolonged drought is a natural factor that can have negative impacts on desert bighorn sheep populations,either by limiting water sources or by affecting forage quality (Rosenzweig 1968,Hansen 1980a,Monson 1980,Douglas and Leslie 1986,Wehausen et at.1987,refer to section I.B.1).During drought years, theconcentration of bighorn sheep nearremaining water sources may increase competition for forage as wellas water,thereby limiting population growth through densitydependent regulation (Caughley 1977,Gotelli 1995).In addition, increased density potentially renders animals more susceptible to diseases or parasites (Anderson and May 1979,May and Anderson 1979). 42 Human Disturbance:Human development affects sheep through habitat loss, fragmentation,or other modification (refer to section I.D.1 .1),but these impacts also extend intobighorn sheep habitat beyond the urban edge.Though a growing humanpopulation and increased activity adjacent to and within bighorn sheep habitat have potential to adversely affect bighorn sheep,accurate mapping of trail locations and quantitative monitoring of recreational trail use have not been conducted.In addition, incremental proliferation of trails has gone largely unaddressed. Numerous researchershave expressed concern over the impact of human activity on Peninsularbighorn sheep (e.g.,Jorgensen and Turner 1973,Hicks 1978,Olech 1979,Cunningham 1982,DeForge and Scott 1982,Gross 1987,Sanchez et at. 1988),as well as on sheep in otherareas (Graham 1980,Gionfriddo and Krausman 1986,Smith and Krausman 1988).Leopold (1933)considered bighorn sheep a wilderness animal because they fail to thrive in contact with urban development.A variety of human activities such ashiking,mountain biking, hang gliding,horseback riding,camping,hunting,livestock grazing,dog walking,and use of aircraft and off-road-vehicles havethe potential to disrupt normal bighorn sheep social behaviors and use of essential resources,or cause bighorn sheep to abandon traditional habitat (McQuivey 1978,MacArthur et at.1979,Olech 1979, Wehausen 1979,Leslie and Douglas 1980,Graham 1980,MacArthur et at.1982, Bates and Workman 1983,Wehausen 1983,Miller and Smith 1985,Krausman and Leopold 1986,Krausman et at.1989,Goodson 1999,Papouchis et at.1999). Attempts to ascribe relative importance,distinguish among,or generalize the effects of different human activities on sheep behavior arenot supportable,given the range of potential reactions reported in the literature and the different variables impinging on given situations. Although cases have been cited in which bighorn sheep populations did not appear to be affected by human activity (e.g.,Hicks and Elder 1979,Hamilton et at.1982),numerous researchers,including these authors,have documented altered bighorn sheep behavior in response to anthropogenic disturbance.Even when bighorn sheep appear to be tolerant of a particular activity,continued and frequent use can cause them to avoid an area,eventually interferingwith use of resources, such as water,mineral licks,lambing or feeding areas,or use of traditional movement routes (Jorgensen and Turner 1973,McQuivey 1978,Graham 1980, 43 Leslie and Douglas 1980,DeForge and Scott 1982,Hamilton et’at.1982, Krausman and Leopold 1986,Rubin ei’at.1998).In addition,disturbance can result in physiological responses suchas elevated heart rate (MacArthur et at. 1979,1982),even when no behavioral response is discernable.It was repeatedly cautioned that human disturbance threatened the viability of a bighorn sheep population in the Santa Catalina Mountains,outside of Tucson,Arizona (Etchberger et at.1989,Krausman et at.1989,Krausman 1993,Krausman et at. 1995).In these mountains,Etchberger ei’at.(1989)found that habitat abandoned bybighorn sheep had greater human disturbance than occupied habitat. Today, this population is extinct,or nearly so,and human activities apparently contributed to its demise (Schoenecker 1997;Krausman et at.in prep.; P.Krausman,pers.comm.). A high level of humanactivity occurs in thehabitat of Peninsular bighorn sheep. Forexample, during a recent 10-hourperiod in spring,49 hikers,2 mountain bikers,and 13 dogs (9 unleashed)were counted in Carrizo Canyon in the northern Santa Rosa Mountains (Bureau of Land Management,unpublished data).This trail bisects a lambing areathat has receivedreduced levels of sheep use in recent years.A ewe and her lamb were observed to wait for over S hours to come to water because of continuous off-road vehicle traffic (Jorgensen and Turner 1973). Jorgensen (1974)reported that bighorn sheep use of important waterholes was 50 percent lower on dayswith off-road vehicle traffic.In Carrizo Canyon,Hicks (1978)observed a group of bighorn sheep flee from a spring area when a Navy helicopterpassed overhead, Olech (1979)noted that bighorn sheep did not use waterholes whenmotorcycles were heard nearby,and Cunningham (1982) speculated that the use of springs by humans (recreationistsand persons entering California across the U.S.-Mexico border)reduceduse of this resource by bighorn sheep.Sanchez ei’at.(1988) recommended that future management efforts should attempt to reduce human impacts on bighorn sheep in Carrizo Canyon.As thehuman population of the southern Californiadesert grows,such human activity in bighorn sheep habitat will increase. Bighorn sheep responses to human activity are difficult to predict (Miller and Smith 1985)and depend on type of activity,season of the activity,elevation of the activity relative to resources (Hicks 1978,Graham 1980),and distance of the activity from resources critical to bighorn sheep (Miller and Smith 1985),among 44 other variables.For instance,eweswith lambs typically aremore sensitive to disturbance (Light and Weaver 1973,Wehausen 1980),as are animals that are approached from higher elevations (Hicks 1977,Graham 1980).Papouchis et at. (1999) found bighorn sheep to be more sensitive to disturbance during spring and fall, corresponding with the lambing and rutting seasons.Etchberger and Krausman (1999)observed the abandonment of lambing habitat while construction activities were ongoing. Livestock Grazing and Water Diversion:Human actions also indirectly affect use of resources by bighorn sheep.Domestic livestock and feral animals can reduce the availability and quality of resources (water and forage)required by bighorn sheep (refer to section I.B.6),and can function as potential vectors for diseases such as bluetongue virus.In portions of the range,water has been pumped from aquifers and diverted away from springs for use by ranches and private residences, reducing and eliminatingthe water sourcesupon which bighorn sheep depend (Tevis 1961;Blong 1967;Turner 1976;M.Jorgensen,pers. comm.). Non-native Plants:In the Peninsular Ranges,the presence of tamarisk (Tamarix sp.),also known as saltcedar,representsa serious threat to bighorn sheep.This exotic plant was introduced as an ornamental and windbreakbut is now a major weed problem (Lovich et at.1994).It consumes large amounts of water and has rapidreproductive and dispersal rates (Sanchez 1975,Lovich et at.1994), enabling it to outcompete native plant species in canyon bottoms and washes.It has the following negative effects on bighorn sheep:1)itreduces or eliminates standing water that bighorn sheep depend on,2) it outcompetes plant species that bighorn sheep feed on,and 3)it occurs in thick,often impenetrable stands that block access ofbighorn sheep to water sources and provide cover for predators. Tamarisk has also beenrecognized as a threat to otherbighorn sheep populations (Sanchez 1975)and native ecosystems in general (Lovich et at.1994). Effective eradication methods are possible (Barrows 1994)and eradication programs currently are underway by the Agua Caliente Band ofCahuilla Indians,Bureau of Land Management,and Auza-Borrego Desert State Park. Fire Suppression:As described in section I.B.2 of this recovery plan,bighorn sheep rely on vigilance and visibilityto detect and avoid predators.Long-term 45 fire suppressionresults in taller and more dense stands of vegetation,thereby reducing openness and visibility and in turn making bighorn sheep more susceptible to predation (Sierra Nevada Bighorn Sheep Interagency Advisory Group 1997).In this same manner,fire suppression can influence thedistribution and habitat use patterns of bighorn sheep by causing avoidance of areas with low visibility (Risenhoover and Bailey 1985,Wakelyn 1987,Etchberger et at.1989, Etchberger et at.1990,Krausman 1993,Krausman et at.1996).In addition,Graf (1980)suggested that fire suppression reduces forage conditions in some bighorn sheep ranges.In the Peninsular Ranges,changes in vegetation succession are evident in some portions of bighorn sheep range,primarily in higher elevation chaparral and pinyon-juniper habitats,and have apparentlyinfluenced bighorn sheep use of certain canyons and springs (M.Jorgensen, pers. comm.). Although temperature and rainfall likely influence the pattern of vegetation associations along the eastern slopes of the Peninsular Ranges more than fire frequency does,a number of researchers have pointed out that fire is an important tool in the management of bighorn sheep habitat (Graf 1980,Smith and Krausman 1988, Krausman et at.1996,Sierra Nevada Bighorn Sheep Interagency Advisory Group 1997). E.PAST AND CURRENT MANAGEMENT!CONSERVATION ACTIVITIES 1.FEDERAL AGENCIES 1.1 United States Fish and Witdt~fe Service.We listed the Peninsular bighorn sheep as a Category 2 candidate from September 18,1985 (50 FR 37958) until May 8,1992,when it was proposedfor Federal listing as an endangered species (57 FR 19837).Between the date of the proposed rule and final listing on March 18,1998 (63 FR 13134),certain Federal activities were reviewed under the section 7 interagency regulations (50 CFR Part 402) and conference procedures forproposed species.Since Federal listing,themandatory requirements of sections 7,9,and 10 of the Endangered Species Act have been in effect,in addition to theallocation of recovery funding to theState under sections 4 and 6 of the Act.On July 5,2000,we proposed to designate critical habitat throughout the Peninsular Ranges in California (65 FR 41405).This recovery plan is prepared pursuant to section 4(f)of the Endangered SpeciesAct, which requires 46 us to give priority to thepreparation and implementation of recovery plans to those species that are most likely to benefit from such recovery plans,particularly those that are,or may be,in conflict with construction or other development projects or otherforms of economic activity. 1.2 Bureau of Land Management.Approximately 26 percent of bighom sheep habitat in the PeninsularRanges is on public lands administered by the Bureau of Land Management (Figure 4).This management was custodial in thePeninsular Ranges until implementation of the California Desert Conservation Area Plan began in 1980.Implementation of this plan included preparation of the Santa Rosa Mountains Habitat Management Plan (1980), McCain Valley Wildlife Habitat ManagementPlan (1984),and In-Ko-Pah Area of Critical Environmental Concern Management Plan (1988), which identifiedactions to be taken for the benefit of bighorn sheep in the Peninsular Ranges.From 1988 to the present, using Land and Water Conservation Funddollars appropriated by Congress and taking advantage of land gifts ftom private individuals,the Bureau of Land Management acquired about 4,520 hectares (11,165 acres)of bighorn sheep habitat in thePeninsularRanges, primarily in the Santa Rosa Mountains National Scenic Area.It should be noted that withoutthehelp of the Santa Rosa Mountains Conservancy,a group of private citizens concerned with conservation of theSanta Rosa Mountains, the Land and Water Conservation Funds ‘might not havebeen made available for these purchases.Other conservation activities included: •Installation of gap fencing to eliminate cattle grazingfrom steep terrain and from water sources in canyons; •Reduction in grazingpressure on allotments; •Closure of most routes of travel east of McCain Valley Road, except to private inholdings,to ranchers,and to Carrizo and Sacatone Overlooks; •Designation of wilderness study areas and subsequent management for non-impairment of wilderness values; •Designation of Jacumba, Carrizo Gorge, Coyote Mountains, Sawtooth Mountains,Fish Creek Mountains,and Santa Rosa Wilderness Areas by Congress,with attendant elimination of vehicular access; •Tamarisk control efforts around water sources; •Establishment of the Santa Rosa Mountains National Scenic Area Visitors Center to provide public education; 47 •Financial assistance to the Bighorn Institute during its formative years,as well as land transfer and lease under the Recreation and Public Purposes Act; •Temporary closure to dogs on most lands in the Santa Rosa Mountains National Scenic Area;and •Closure of roads into Dead Indian Canyon and Carrizo Canyon. OnOctober 25,2000,legislation was signed to create the Santa Rosa and San Jacinto Mountains National Monument. The monument covers 110,000 hectares (272,000 acres),including lands administered by the Bureau of Land Management,U.S.Forest Service,California Department of Fish and Game, California Department of Parks and Recreation,Agua Caliente Band of Cahuilla Indians,Coachella Valley Conservancy,and private owners.The designation will prohibit mining and off-road vehicle use on federal lands,support coordinated land management by federal agencies,and increase the area’s funding priority. 1.3 US.Forest Service.The San Bernardino National Forest is responsible for management of bighorn sheep habitat on some public lands.Approximately 3 percent of bighorn sheep habitat in the PeninsularRanges is on U.S.Forest Service land (Figure 4).Since 1978,the Forest Service has acquired 3,107 hectares (7,680 acres)of land in orwithin 1.6 kilometers (1 mile)of Peninsular bighorn sheep range.Current management of the San Bernardino National Forest is guided by the Forest Land and Resource Management Plan (Forest Plan) established in 1989.Forest Plan standards and guidelines pertaining to Peninsular bighorn sheep include the following:“coordinate with Bureau of Land Management to manage the Santa Rosa bighorn sheep population in accordance with the (Santa Rosa Mountains Wildlife)habitat management plan”;“establish seasonal closures as necessary to protect important habitat”; “manage domestic sheep and goat grazing to prevent disease transfer to bighorn sheep [a minimum 3.2-kilometer (2-mile) buffer is recommended]”;and “avoid introducing barriers to movement of bighorn sheep.”Recent proposed changes in management relative to Peninsular bighorn sheep are discussed in a programmatic Biological Assessment completed by the San Bernardino National Forest (January 27, 1999). This assessment evaluated all ongoing activities occurring in Peninsular bighorn sheep habitat within the San Bernardino National Forest.Specific actions that will be implemented include:1)cattle will be removed from portions of allotments that overlap bighorn sheep habitat (Wellman allotment), 2)fences 48 within and adjacent to bighorn sheep habitat will comply with specifications listed in section II.D.1 .2 of this recovery plan,3)a barrier will be constructed along the gatedclosure on Palm Canyon Drive (also known asDunn Road)to reduce unauthorized vehicular use,and 4)guidelines for management of hiking,biking, and equestrian trails (e.g.,seasonal closures)will follow recommendations outlined in section II.D.1.2 of this recovery plan. Additional actions recommended in the San Bernardino National Forest Biological Assessment include:1)the Forest Service should not authorize forage use by domestic livestock where they currently do not graze in bighorn sheep habitat,2)other existing grazing allotments on the San Jacinto RangerDistrict should not be converted from cattle to domestic sheep or goat use,and 3)the minimum buffer distance between domestic sheep grazing and bighorn sheep habitat should be increased from 3.2 kilometers (2 miles)(the current Forest Plan standard)to 14.5 kilometers (9 miles)throughoutthe Forest. 2.STATE AGENCIES 2.1 Catfornia Department of Fish and Game.To designate areas important to bighorn sheep conservation in the Santa Rosa Mountains,the Department of Fish and Game established a State Game Refuge pursuant to Fish and Game Code section 10837.State lands administeredby the Department of Fish and Game total about 3 percent of bighorn habitat in the Peninsular Ranges (Figure 4).To furtheridentify and implement management needs,the Department of Fish and Gamecoordinated with the Bureau of Land Management in the completion of the SantaRosa Mountains Wildlife Habitat Management Plan (Bureau of Land Management 1980).Currently, the Department of Fish and Game’s management activities for bighorn sheep are atthe highest level in the State’s history.Funds providedthrough the sale of Environmental License Plates and through the auction of special fund-raising permits have enabled the Department of Fish and Game to support a number of important research efforts concentrating primarily on population characteristics and the disease status of bighorn sheep.The Department of Fishand Game cooperates with several universities,agencies,and non-profit organizations in support of bighorn sheep research and conservation in California.Conservation goals for bighorn sheep,as published in the Statewide Plan forBighorn Sheep (California Department of Fish and Game 1983),are as follows: 49 1.Maintain,improve,and expand bighorn sheep habitat where possible or feasible. 2.Reestablish bighorn sheep populations on historic ranges where feasible. 3.Increase bighorn sheep populations so that all races become numerous enough to no longerrequire classification asrare or fullyprotected. 4.Provide for aesthetic,educational,and recreational uses of bighorn sheep. The California Department of Fish and Game’s Bighorn Sheep Management Program maintains an inventory of the distribution of bighorn sheep in California. This assessment of bighorn sheep populations has been conducted as part of a long-term management plan for mountain sheep in California.The populations of bighorn sheep in California are grouped into metapopulations,or ‘systems’of populations,that best represent logical regions to manage for the long-term viability of the species.This regional approach recognizes the importance of inter-mountain areas that allow movement and exchange of individuals between populations, the re-colonization of vacant habitats,and the interagency coordination of land management.The program’s definition of regional populations considers not only vegetative and geographic boundaries, but also man-made barriers that define distributions and have resulted in the fragmentation of habitat.Given the need to understand the status and dynamics of regional populations of bighorn sheep,this type of inventory should provide an index for documenting regional population changes over time,and help evaluate the success or failure of management actions at a meaningful level.Further,this approach mayhelp identify the“missing pieces ofthe puzzle” foroptimizing future reintroduction and management efforts to ensure population viability. Although a metapopulation approach is an important biological principle for long- term survival of bighorn sheep populations,it is equally important as a management concept that prioritizes regional coordination for bighorn sheep population and habitat management.For example,data regarding extinction and recolonization are limited,and the biological justification for considering some regions as true metapopulations is therefore incomplete.Nevertheless,given the need for regional management of bighorn sheep populations,metapopulations have beendefined based on the best understanding of the regions.Several 51 investigations have postulated the importance of population size and genetic diversity to the long-term viability of bighorn sheep populations. California State law (Assembly Bill 560), which was enacted under an emergency provision in September 1999,allows control ofmountain lions to protect threatened,endangered,fully protected,and candidate sheep species.In these cases,selective removal of lions is an alternative short-term emergency measure to facilitate recovery of vulnerable sheep populations,such as in the Peninsular Ranges (refer to section II.D.1.3). 2.2 Catfornia Department of Parks and Recreation.Two State parks are within the range of thePeninsular bighorn sheep:Auza-Borrego Desert State Park and Mount San Jacinto State Wilderness.Anza-Borrego Desert State Park comprises 243,000 hectares (600,000 acres)alongthe backbone of the PeninsularRanges, encompassing approximately 47 percent of this species’ existing habitat within the United States (Figure 4).The park also supports a majority of the rangewide sheep population (Rubin et at.1998).Therefore,recovery of the species hinges greatly on the successful management of bighorn sheep habitat in this State park. Anza-Borrego Desert State Park has been actively involved in the conservation of bighorn sheep for 30 years (Table 9). 2.3 Coachetta Vattey Mountains C~onservancy.The Conservancy wasestablished by California State legislation in 1990 to “acquire and hold,in perpetual open space,mountainous lands surrounding the Coachella Valley and to provide for the public’s enjoyment of and the enhancement of their recreational and educational expenences on those lands in a manner consistent with the protection of the lands and the resource values specified in Section 33500 [PublicResources Code]”. The Conservancy has acquired either fee title or a conservation easement on 973 hectares (2,405 acres)in the San Jacinto and Santa Rosa Mountains,and has assisted other entities with additional acquisitions.The Conservancy is preparing the Coachella ValleyMultiple Species Habitat Conservation Plan under contract to the Coachella Valley Association of Governments (refer to section I.E.3.2). 3.LOCAL ORGANIZATIONS AND AGENCIES 3.1 Bighorn Institute.The Bighorn Institute is a nonprofit,tax-exempt organization that was formed in 1982 to investigate the causes of bighorn sheep 52 declines,particularly Peninsular bighorn sheep.The Institute is located in Riverside County,California,adjacent to the City of Palm Desert.Its facilities, which include an office,laboratory,staff residence,and pens for a captive breeding herd of Peninsular bighorn sheep,are located on 120 hectares (297 acres) of land at the base of the Santa Rosa Mountains. The Institute began monitoring radio-collared bighorn sheep in the northern Santa Rosa Mountains and the San Jacinto Mountains in 1982 and 1992,respectively. Long-term studies of the population characteristics,distribution,reproductive success,nutrition,movements,and general ecology of these bighorn sheep are ongoing.In the spring of 1998, the Institute initiated a multi-year study of cause- specific mortality of radio-collared lambs in the northern Santa Rosa Mountains. The Bighorn Institute has conducted annual helicopter surveys of bighorn sheep in the Santa Rosa Mountains since 1982 and in the San Jacinto Mountains since 1987,and has also surveyed bighorn sheep throughout the Peninsular Ranges in Mexico.Since 1982,39 sick lambs have been captured from the U.S.Peninsular Ranges for disease research and rehabilitation at the Institute.In 1985,the Institute began a Captive Breeding and Population Augmentation Program. Although this program began as a by-product of disease research on causes of low lamb survival (DeForge et at.1982,DeForge and Scott 1982),in 1995 it was redirected as a formal captive breeding program with the primary goals of producing stock for augmenting and re-establishing wild populations,and conducting a research program in the Santa Rosa and San Jacinto Mountains. Captive bighorn are maintained in 12-hectare and 3-hectare enclosures encompassing rugged hilltops.Rams and ewes are selectively combined for the breeding season and the parentage of all captive-born animals is recorded. Captive animals are not available for public viewing and a standardized feeding and observation routine is used to limit exposure to humans (Ostermann et at.in press). Before release,all bighorn are health-tested,eartagged,and fitted with mortality- sensing radiocollars.Within the northern Santa Rosa Mountains,bighorn have been released in Bradley Canyon (n equals 60), east Magnesia Canyon (n equals 6),and west Magnesia Canyon (n equals 8).Of the 74 captive-reared bighorn released into the northern Santa Rosa Mountains,49 (22 males,27 females)were captive-born and 25 (12 males,13 females)were wild-born lambs brought into captivity for research and rehabilitation at I to 5 months of age (Ostermann et at. 53 Table 9.Past and present conservation activities in Anza-Borrego Desert State Park. Year Description of activities 1968 Field studies were conducted in Anza-Borrego as part of a statewide status report on bighorn sheep (Weaver 1972,1975,1989;Weaver et at. 1968;Weaver and Mensch 1970). circa 1970 Construction of Blue Spring guzzler in Vallecito Mountains with the Society for the Conservation of Bighorn Sheep. 1971 The annual Anza-Borrego Bighorn Sheep Count began with about 25 volunteers.A waterhole count has been conducted every summer since this time and now involves about 75 volunteers counting 24 watering sites.Over 2,000 volunteers have donated over 60,000 hours to date. 1972-1975 Jorgensen and Turner (1973,1975)conducted 4 summers of bighorn sheep research and documented over 100 water sources used by bighorn sheep.Russi (1978)continued this work in 1976. 1973- present Tamarisk removed from riparian areas within bighorn sheep habitat to enhance water availability and native plant community regeneration. Currently,a Riparian Restoration Team works full time to remove tamarisk and other exotic plants.Approximately 208 kilometers (120 miles)of canyons and stream courses have been treated by the team to date. 1975 A seasonal closure ofbighorn sheep watering areas in Coyote Canyon during June 15 to September 15 was implemented.This closure was expanded in 1996 from June 1 to October 1. 1982 A bighorn sheep guzzler was constructed in collaboration with California Department of Fish and Game at Limestone Spring in the Santa Rosa Mountains. 1982 163,085 hectares (403,000 acres)of Anza-Borrego Desert State Park were designated as State Wilderness Areas,setting aside a large area of 1983- present Park staff assisted in annual helicopter surveys of the entire Santa Rosa andSan Jacinto Mountain ranges (DeForge e at.1995,1997). 1983-1992 Parkstaff assisted the Bighorn Institute with disease research. 1987 Feral cattle (117)were removed from bighorn sheep habitat by helicopter at a cost of $70,000,culminating 16 years of effort to remove domestic cattle from park lands. 1987 Six bighorn sheep guzzlers were constructed in the Vallecito Mountains to provide water where natural springs and streams had been usurped by human activity. Over 200 volunteers and$30,000 were used and expended respectively,in the project. 54 Table 9.Continued 1987-1988 Gap fencing [22.5kilometers (14 miles)]was constructed in the upper elevations of the park to keep stray cattle from entering from neighboring lands.A special Senate appropriation ($200,000)was obtained forthis project. 1992- present Cooperated on Peninsular Ranges Bighorn SheepPopulation Health Study with University of California (Davis) and the Zoological Society of San Diego. 1994-1998 Helicopter surveys were conducted in Anza-Borrego Desert State Park, in collaboration with the University of California -Davis and California Dept._of Fish_and_Game_(Rubin_et_al._1998,1999). A 15-minute movie “The Bighorn of Anza-Borrego”was produced. This movie is seen by thousands of park visitors each season in the Anza-Borrego Visitor Center. 1995-1996 1996 The Coyote Canyon Public Use Plan was implemented,calling for the closure of Middle Willows andUpper Willows to motor vehicular traffic.This trail segment is 5 kilometers (3.1-miles)long. in press).In 1997,three captive-reared ewes were released into Tahquitz Canyon in the San Jacinto Mountains.Two of these females were captive-born,and the third was a wild-born ewe captured as a lamb from the northern Santa Rosa Mountains (Ostermann and DeForge 1996,Bighorn Institute 1997). 3.2 Coachetta Va itey Mutu~te Species Habitat Conservation Plan.This ongoing planning effort is sponsored by the CoachellaValley Association of Governments, with the cooperation of the Fish and Wildlife Service and California Department ofFish and Game, and has been in preparation since 1996.Within the areas at issue in this plan,the Association’s membership includes the County of Riverside and all nine cities in the Coachella Valley,as well as the Agua Caliente Band of Cahuilla Indians.Though the plan is not yet complete,it currently proposes to address the conservation needs of bighorn sheep.Lands in the San Jacinto and Santa Rosa Mountains set aside in the past and future by the cities and Riverside County as open space will provide important contributions to bighorn sheep recovery and completion of the habitat conservation plan if those lands are managed appropriately.If the plan is adopted,participating Federal, State,and local governments will cooperate in implementing an agreed upon conservation strategy for bighorn sheep and other species over a large area of the San Jacinto and Santa Rosa Mountains in Riverside County. 55 4.INDIAN TRIBES 4.1.Agua Catiente Band of Cahuitta Indians.The Agua Caliente Band of Cahuilla Indians (Tribe)is a federally recognized Indian Tribe whose reservation was established in 1876 by Executive Order.TheAgua Caliente Indian Reservation encompasses 13,000 hectares (32,000 acres)of land in the western Coachella Valley and is encompassedwithin a checkerboard ownership pattern that supports a significant amount of bighorn sheep habitat. TheTribe has a long and rich history of land stewardship,particularly in the foothills of the San Jacinto and Santa RosaMountain ranges.For decades,the Tribe has managed the areaknown as the Indian Canyons for cultural resource protection and useby the public as a Tribal park.Protection of the natural resources of the reservation and Indian Canyons has beenthe foremost priority of theTribe and has been acknowledged by the Secretary of the Interior. Currently,the Tribe is preparing a comprehensive Resource Management Plan for thereservation that will protect cultural,wetland, land use,and wildlife resources. The Tribe actively participates and holds seats on the Coachella Valley Association of Governments,CoachellaValley Mountains Conservancy,and Planning Advisory Group of the Coachella Valley Multiple Species Habitat Conservation Plan. The Tribe’s Planning and Environmental Department presently consists of 10 professionals and technicians who,atthe direction of the Tribal Council,oversee all land management issues.The Tribal ResourceManagement Plan will address the management and protection of endangered species,including bighorn sheep. To the extent feasible,the Tribe intends to cooperatewith interested and affected agencies who share in the implementation of this recovery plan. 4.2.Torres-Martinez Desert Cahuitta Indians.This federally recognized tribe supportsapproximately six sections (1,554 hectares or 3,840 acres)of bighorn habitat in the extreme southern Santa Rosa Mountains. 4.3.Morongo Band of MissionIndians.This federallyrecognized tribe supports one irregularly shaped section (about 280 hectares or 700 acres)of bighorn habitat at the extreme north end of the San Jacinto Mountains. 56 II.RECOVERY A.CONSERVATION PRINCIPLES USED IN THIS RECOVERY PLAN The following sections discuss general conservation principles in the context of our current knowledge regarding Peninsular bighorn sheep,and outline the relationship of these principles to the recoverycriteria for this species. Conservation theory recognizes that population and genetic issues need to be addressed in species conservation (Lande 1988),although population threats pose a greater short-term risk to Peninsular bighorn sheep.The conservation of Peninsularbighorn sheep requires an understanding of habitat use,population dynamics,behavior,and spatial population structure,as well.Ecosystem protectionprovides an additional important tool in speciesconservation. The use of models in conservation decision-making forthe recovery of bighorn sheep in the PeninsularRanges also is discussed below. I.POPULATION CONSIDERATIONS Population parametersare important to the viability of all populations; however, theyare an especially important consideration in the conservation of small populations (Gilpin and Soul~ 1986).Variation in population parameters (birth, death,immigration,and emigration rates,as wellas population age and sex structure) can cause fluctuations in population size that make small populations especially vulnerable to extinction.Lande (1988)noted that a shortcoming of some past recoveryplans has been an inadequate emphasis on factors related to population characteristics,and cautioned that formany wild populations,risks related to population parameters are of more immediate importance than genetic concerns. The small number of Peninsular bighorn sheep (334 adults estimated in 1998) mandates that population dynamics be of concern in their conservation. Furthermore,Peninsular bighorn sheep occur in discrete ewe groups that have ecological significance relative to the genetic and distributional structure of the population (Rubin et at.1998,Boyce et at.1999),and therefore represent an important management and conservation unit (Bleich et at.1996).The persistence of such subgroups areimportant to the viability of the entire 57 population (Soul~1987).Some of these groups include less than 20 ewes,making them highly vulnerable to chance variation in birth and death events.The high male to female sexratio in the San Jacinto Mountains (DeForge et at.1997) provides an example. Because ewe groups are connected by movements of rams and rarerdispersal by ewes,Peninsular bighorn sheep are considered to comprise a metapopulation (Torres et at.1994,Bleich et at.1996,Boyce et at.1997).Metapopulations typically are assumed to exist in a state of balance between population extinctions and colonizations (Hanski and Gilpin 1991).However,in the case of Peninsular bighorn sheep, the use of a metapopulation approach should not diminish the importance of individual ewe group viability for the following reasons.Bighorn sheep are relatively slow colonizers (Geist 1967, 1971;Bleich et at.1996)and therefore metapopulation extinction-colonization processes would have to function over a very long time period.Recent abandonment of habitat and a lack of known colonizations suggest that Peninsular bighorn sheep comprise a nonequilibrium metapopulation”(i.e.,extinctions are occurring ata fasterrate than colonizations)(Harrison 1994,Hanski and Simberloff 1997).Hanski and Gilpin(1991) cautioned that such systems must be managed carefullybecause they maynot necessarily function as a metapopulation.Therefore,extirpations of existing ewe groups should be avoided,while colonization of habitat should be promoted. Inthe Peninsular Ranges,a variety of factors have reduced bighorn sheep numbers to levels where random variations in population characteristics and environmental factors have become serious threats.Therefore,this recovery effort should strive to increase the overall population of bighorn sheep by addressing and,where possible, reversing processes that caused thepast population decline.This effort will entail implementing actions that increase the size of individual ewe groups by reducing mortality rates,increasing recruitment,and allowing inter-group movements to occur. 2.GENETIC CONSIDERATIONS Maintaining genetic variation is an important conservation goal because loss of genetic variability can result in inbreeding depression (a loss of fitness)and the inability of populations to respond to long-term environmental changes (Gilpin 58 and Sould 1986,Ralls ei’at.1988,Lande 1988,Meffe and Carroll 1994, FitzSimmons et at.1995). By reducing the fitness of individuals,loss of genetic variation also can reduce the growthrates and resilience of populations (Lacy 1997).Loss of genetic variation is a special concern when dealing with small populations because heterozygosity is lost (through the processes of founder effects,population bottlenecks,genetic drift,and the effects of inbreeding)more quickly in small populations than in large ones (Meffe and Carroll 1994).Inthe Peninsular Ranges, movement of males apparently has maintained gene flow between ewe groups,resulting in a relatively high level of genetic diversity (Boyce et at.1997).However,increased habitat fragmentation could reduce the connectivity among groups.If ewe groups become isolated, they will face an increased risk of losing genetic variability in addition to vulnerability to natural random fluctuations in the population. Even if gene flow is maintained among ewe groups in the Peninsular Ranges,the overall population size (approximately 334 adults)is small enough to cause concern.The effective population size (N)(Crow and Kimura 1970),which e determines the rate at which heterozygosity is lost,is even smaller than thecensus size.Au effective population size of 500 individuals has been suggested as the minimum recommended for maintenance of genetic variation for future evolutionary change (Franklin 1980,Lande and Barrowclough 1987,Franklin and Frankham 1998),while Lande(1995)suggested that this number should be even higher.The current censussize of Peninsular bighorn sheep falls far below even the lower recommendation. Becausereduced population levels may place Peninsular bighorn sheep at risk,important goals of this recovery effort are to increase theabundance of Peninsularbighorn sheep and maintain as much genetic variation aspossible.This recoveryplan recommends maintenance of connectivity with populations in Baja California and itmay be deemed appropriate in the future to recreate connectivity or induce genemigration with the Mojave Desert metapopulation. Although the observed genetic variation among ewe groups in the Peninsular Ranges is not known to confer adaptive advantage to local environments,genetic theory holds that existing genetic variation should be maintained “in as near a natural geographic distribution as possible,so that evolutionary and ecological processes maybe allowed to continue”(Meffe and Carroll 1994).In Peninsular bighorn sheep, as in many taxa,genetic variation is partitioned among and within 59 subunits or ewe groups (Meffe and Carroll 1994,Boyce et at.1999,refer to section I.A.3).Although there is no evidence to suggest that bighorn sheep in the Peninsular Ranges lack genetic diversity,a conservative approach to genetic conservation suggests that recovery tasks should recognize and attempt to preserve existing genetic structure whenever possible.This approach will require preservation of multiple ewe groups,maintenance of movement opportunities between groups (Schwartz et at.1986),and judicious protocols for population augmentation,reintroduction,and captive breeding programs (Ryman and Laikre 1991,Elliott and Boyce 1992,see Appendix C).Becausethe major problems facing bighom sheep in the Peninsular Ranges relate to population dynamics and viability,genetic theory should not over-ride management objectives to maintain and expandthe number and size of ewe groups throughout the Peninsular Ranges. This objective can be accomplished by selecting augmentation and reintroduction stock from the closest available populations (Wehausen 1991,Ramey 1993, Wehausen and Ramey 1993,Gutierrez-Espeleta et at.1998). 3.ECOSYSTEM PROTECTION Loss of habitat is recognized as theleading cause of species endangerment and the leading threat to global biodiversity (Groombridge 1992,Noss and Murphy 1995). It is also considered the most significant threat to the viability of bighorn sheep populations (Bleich et at.1996).Thepotentially negative impacts that habitat loss and degradationhave on bighorn sheep arepresented in section I.D.Although habitat lossmay not directly cause mortality in bighorn sheep,loss of important resources (e.g.,water,forage,escape terrain, lambing areas,movement linkages) ultimatelyreduces carrying capacity,which can affect survival and recruitment rates.Insome cases,the cause of death maybe documented as disease, malnutrition,or predation, etc., when in fact habitat loss wasthe underlying cause that resulted in death.In addition,altered land uses that support larger human populations introduce increased levels of anthropogenic disturbance in adjoining habitat.The decline or extirpation of bighorn populations near other metropolitan areas such as Tucson near the Santa Catalina Mountains and Albuquerque near the Sandia Mountains (Krausman et at.in prep.),provide case history examples of apparent vulnerability of bighorn to urban influences.This recovery plan will attempt to avoid repeatingthese scenarios,and accordingly adopts theapproach of conserving the larger ecosystem upon which bighorn sheep in the Peninsular Ranges depend, as afforded under section 2(b)of the Endangered Species Act. 60 Such an ecosystem approach also will benefit numerous other common and uncommon species. 4.THE USE OF POPULATION MODELS TO HELP GUIDE RECOVERY ACTIONS Models have become an important tool to scientists attempting to understand complex processes because intuition is often not reliable (National Research Council 1995).Conservation biologists frequently use models to gain a better understanding of the many interacting factors (environmental, population,and genetic)that place a species or population at risk.The comprehensive modeling of these factors was christened “population vulnerability analysis”by Gilpin and Sou1~(1986).Typically, the goal of a population vulnerability or “viability” analysis is to evaluate the risk of extinction, either in terms of estimated time to extinction or the probability of extinction in a given time interval (Boyce 1992). As such,a population viability analysis is similar,in concept,to risk analyses used to understand issues of public health and safety (Ginzburg et at.1982). Population viability analyses,like other forms of risk analysis,contain a degree of uncertainty because they attempt to determine the likelihood of future events based on past and present patterns (ofpopulation dynamics,environmental conditions,etc.).All models are inherently dependent on underlying assumptions (Starfield and Bleloch 1991)and on the quality of data entered into the model. Therefore,the results of a population viability analysis must be interpreted with caution (Caughley 1994, Beissinger and Westphal 1998).Inclusive population viability analyses may not be appropriate when data are limited (Beissinger and Westphal 1998).This limitation does not mean that the use of models should be discouraged (Ak~akaya and Burgman 1995,Starfield 1997,Beissinger and Westphal 1998). Au additional role of modeling in conservation biology is as a decision making tool (Starfield and Bleloch 1991,Walsh 1995,Starfield 1997).Models can be used to compare therelative effects (rather thanthe absolute outcome)of alternative management strategies or environmental scenarios (Starfield and Bleloch 1991,National Research Council 1995,Walsh 1995,Starfield 1997, Beissinger and Westphal 1998)and canhelp guidemanagement strategies or 61 focusfuture research efforts.Smaller,focused models have greatpotential in guidingconservation decisions (Starfield and Bleloch 1991,Starfield 1997). Use of modeling can help to elucidate several issues related to the recovery of Peninsularbighorn sheep (refer to section ll.D.2.2).Models should be designed to ask specific questions (Starfield 1997)that increase our understanding of the ecological processes in the Peninsular Ranges,and should be coupled with field studies of thebighorn sheep (Beissinger and Westphal 1998).It may be useful to simulate shorter time periods, as well asthe 100 to 200 year intervals typically used in population viability analyses,so that model predictions (as well as model assumptions)canbe evaluatedwith theuse of field study results (Beissinger and Westphal 1998).This type of approachwill allow conservation biologists to learn from themodels and field studies,and will allow conservation efforts to be adaptive (Minta and Kareiva 1994). B.OBJECTIVES AND CRITERIA 1.RECOVERY OBJECTIVE Theultimate objective ofthis recoveryplan is to protect and maintain sufficient individuals and habitat of bighorn sheep in the Peninsular Ranges to eventually delist this species.The recovery of Peninsularbighorn sheep will involve a two- stageprocess, beginning with an interimgoal of downlisting of the species from endangered to threatened status,followed by long-term recoveryand removal of threatened status.As new information becomes available,the downlisting and delisting criteriamay warrant modification through future revisions to the recoveryplan. 2.DOWNLISTING CRITERIA As an interim management goal,Peninsular bighorn sheep may be considered for downlisting (reclassification to threatened status)when all of the following objective, measurablecriteria are met: Downtisting Criterion 1:As determinedby a scientifically credible monitoring plan, at least 25 adult ewes arepresent in each of the following 9 geographic regions (Figure 5)during each of 6 consecutive years 62 (equivalent to approximately one bighom sheep generation),without continued population augmentation: 1.San Jacinto Mountains 2.SantaRosa Mountains--North of Highway 74 3.SantaRosa Mountains--South ofHighway 74 through Martinez Canyon 4.Santa Rosa Mountains--South of Martinez Canyon 5.Coyote Canyon 6.North San Ysidro Mountains (Henderson Canyon to County Road S-22) 7.South San Ysidro Mountains (County Road S-22 to State Highway78) 8.Vallecito Mountains 9.Carrizo Canyon/TierraBlanca Mountains/Coyote Mountains Area Justification:The nine regions were selected on thebasis of maintaining: (1) historical distribution,(2)home range herd memory,and (3) connectivity among ewe groups to facilitate re-colonization in the event of localized extirpations.Recovery Team members with knowledge of current and historical conditions judged that each areawas capable of supporting at least 25 ewes with associated subadults and rams.Within each of thenine regions,fluctuationin thenumber of ewe groups, including re-colonization of former habitats,is expected under the metapopulation model.As such,ewe groups maymerge, split,and redistribute themselves over time.Although the 9 areas support respective carrying capacities well in excess of 25 adult ewes,a downlisting objective based on maximum attainable population sizewas not selectedbecause static population levels at full range capacitycannot be maintained in naturallyvariable environments,even assuming intensive management capability.Theminimum group size of 25 adult females was selected by Recovery Team consensus because it: 1.would reduce risk of extirpation from random naturally occurring events to an acceptable level; 64 2.should be achievable with prudent,population and land management practices; 3.is consistent with management objectives for bighorn sheep in other metapopulations; 4.should maintain ewe group knowledge of a largehome range that will minimize the extent of geographic gaps between ewe groups,thereby facilitating interchange of genes and populations within the metapopulation; 5.falls wellwithin known or estimated historical population levels;and 6.should provide,in all but the most catastrophic scenarios, sufficient time for management intervention to prevent extirpation. Downtisting Criterion 2:Regulatory mechanisms and landmanagement commitments have been established that provide for long-term protection of Peninsular bighorn sheep and all essential habitat as described in section II.D.l of this plan. Justification:Given the major threat of fragmentation to species with metapopulation structures, connectivity among all portions of habitat must be established and assured through land management commitments, such that bighorn sheep areable to move freelythroughout all habitat. In preparation for delisting,protectionby means otherthan the Endangered Species Act must be assured.Such protection should include alternative regulatory mechanisms by Federal,State,and local governments,and land management commitments that would provide theprotection needed for continued population stability. 3.DELISTING CRITERIA As a long-term management goal of thePeninsular bighorn sheep,three delisting criteria are proposed; Detisting Criterion I:As determined by a scientifically credible monitoring plan,at least 25 ewes must be present in each of the 9 regions (Figure 5)listed under Downlisting Criterion #1 above,during each of 12 consecutive years (approximately 2 bighorn sheep generations),including 65 the 6 years under Downlisting Criterion HI,without continued population augmentation. Detisting Criterion 2:The rangewide population must average 750 individuals (adults and yearlings)with a stable or increasing population trend over 12 consecutive years (same time period as Delisting Criterion #1 above). Justification:Recovery Team members with knowledge of historic and current population levels evaluated the condition of existing habitat and determined a carryingcapacity of approximately 1,000 bighorn sheep in the Peninsular Ranges, which approaches historical population estimates. The required 12-year average population estimate of 750 animals is based on the assumption that achieving theobjectives in Downlisting Criterion #1 of at least 25 females in each of the 9 geographic areas likely will result in some areas supporting substantially morethan 25 ewes and other sheep. This scenario likely willresult in an overall metapopulation size that fluctuates between 600 and 1,000 sheep,averaging about 750 sheep with a normal sex ratio,or approximately 75 percent of estimated carrying capacity. An average population level would allow for natural population fluctuations in a random environment and is believed to be reasonably attainable assuming implementation of themanagement measures prescribed in this recovery plan. Detisting Criterion 3:Regulatory mechanisms and land management commitments have been established that provide for long-term protection of Peninsular bighorn sheep and all essential habitat as described in section II.D.I of this recovery plan.Protection considered long-term can be provided through appropriate institutional practices, such as State Park General Plans,an amended California Desert Conservation Act Plan,an amended Forest Plan,a completed Coachella Valley Multispecies Habitat Conservation Plan,and natural resourcemanagement plans on Tribal lands.In addition,connectivity among all portions of habitat must be established and assured through land management commitments such that bighorn sheep areable to move freely throughout the Peninsular Ranges. Delisting would result in loss of protection under the Endangered Species Act;therefore continued protection by othermeans must be assured. 66 Justification:This protection should include alternative regulatory mechanisms, land management commitments,or conservation programs that would provide the long-term protection needed for continued population viability. Recovery of Peninsular bighorn sheep likely will take severaldecades or longer due to a low reproductive rate (e.g.,only one offspring per female per year and reproduction starting usually at 2 years of age).The above criteria will be revised asnecessary through a recovery plan amendment or revision if new information becomes available,or if these criteria no longerpass scientific muster or otherwise meet the conservation needs of this species based on the best available information. C.RECOVERY STRATEGY This recovery plan describes a strategyto recover and delist bighorn sheep in the Peninsular Ranges.The strategy consists of taking necessary actionsto: (1) improvepopulation variables (reproduction,recruitment,survivorship),and (2) secure and effectively manage habitat,including linkages between ewe group home ranges.The recovery actions to implement this strategy are organized in the narrativeoutline below.This recovery strategy is a synthesis of knowledge accumulated on bighorn sheep in desert environments and elsewhere in North America.Four biological principles of bighorn biologyare evident from past research and have been incorporated into management guidelines by various agencies (e.g.,McQuivey 1978,Wilson et at.1980,Smith and Krausman 1988, Bureau of Land Management 1996,NewMexico Department of Game and Fish 1995): 1.Bighorn sheep are wide-ranging animals that arespatially dependent on large tracts of habitat that provide a diversity of resources needed to offset seasonal, annual, and longer termcycles of environmental variability and scarcity; 2.Metapopulation structure requires habitatcontiguity between/among constituent demes (ewe groups)to allow for long-term shifts in distribution and genetic interchange; 67 3.Bighorn sheep appear to lack natural or acquired resistance to some diseases and remain highly vulnerable to diseases introduced by domestic sheep;and 4.Behavioralresponses to human-related activities can be variable among individuals and populations, which can adversely affect habitatuse patterns and population persistence. In the short term,acquisition and conservation of the relatively narrowband of habitat that still remains is crucial to attaining the population recovery and delisting objectives of this recoveryplan.Given the:(1)inability of bighorn sheep to use higher elevation habitats because of excessive shrub and tree cover, (2) incompatible land usesthat haveencroached into habitat along the lower elevational slopes of the Peninsular Ranges,and (3) pervasive influence of human activities throughoutbighorn habitat, the future ofbighorn sheep in the Peninsular Ranges will depend on rapid and adequate protection of lower elevational areas that provide critical resources, such as foraging,watering, lambing,and rearing habitats. Short-term management actions to increase population recruitment and adult survivorship are also necessary to effect population increase. Past studies on bighorn sheep in desertand mountain environments have amassed a wealth of applicable knowledge that guides the management prescriptions of this recovery plan.Much of this work applies to bighorn sheep in general and, therefore,neednot be reexamined through further research in thePeninsular Ranges.The monitoring and research tasks recommended in this recoveryplan areintended to address the longer-term,more complex environmental relationships that have posed management difficulties in the past.These tasks willrequire substantial investment by numerous partners if they are to be successfullyaccomplished. However,only through such a cooperative effortwill it be likely that the knowledge requirements for effective management be met. The success of this recovery plan will also depend on strong education and public awareness programs.A number of recovery actions outlined in this plan will directly affect the general public.Therefore,the general public needs information and outreach on proposed actions being taken,especially in localized areas of action.Programs that include comprehensive and accurate facts about the ecology 68 of Peninsular bighorn sheep and the threatsthat face them,will be crucial to obtaining public support forconservation measures. D.NARRATIVE OUTLINE FOR RECOVERY ACTIONS ADDRESSING THREATS Recovery actions are first described in general below, and then are identified as site-specific tasks,with reference to their appropriate recovery regions, in section ll.E. The following tasks consist of interim and long-term management goals and activities that range from single event actions orstudies to continuous efforts extending acrossthe entire recovery implementationtime line.The task descriptions and theimplementation schedule (Part III of this recovery plan) help frame the duration of therespective goals/actions and responsible entities for taking the lead or assisting others in implementation responsibilities. 1.PROMOTE POPULATION NCREASE AND PROTECT HABITAT 1.1 Protect, acquire,enhance,andrestore habitat.The historic range of Peninsular bighom sheep has been adverselyaffectedby urban development, agriculture,mining activities,and highways that have ledto the destruction,modification,and fragmentation of habitat. Further development can be expectedin the future.As pointed out in section I.D of this recoveryplan, the viability and,therefore,the recovery of Peninsular bighom sheep arecriticallydependent on availability of habitat. Consequently,an important part of this recovery effort is the protection and restoration of remaininghabitat essential to Peninsular bighorn sheep conservation. 1.1.1 Protect essential habitat.Essential habitat is that habitat believed necessaryforrecovery and should,therefore,be protected from furtherloss or degradation(Figures 2,4-9). It is likely that the valley floor to the east and thenorth of the Peninsular Ranges (e.g.,Coachella Valley,Imperial Valley) historically was used by bighorn sheep,for example during long-distancemoves to and from other mountain ranges.Exposure to the hazards ofhigh densityurban development,major freeways,fences, agriculture, and canals,now would be considered detrimental to bighorn sheep 69 recovery.Therefore,the vast majority of the valley floor to the east of the PeninsularRanges is not considered essential habitat. Consequently,“essential habitat”comprisesthose areas believed to be necessary fora self-sustainingbighorn population with a high probability for long-term survival (recovery)in the Peninsular Ranges of the United States.Essential habitat, therefore, consists of those physical and biological resources (space, food, water, cover)needed for:(1) normal behavior and protection from disturbance,and (2)individuaL/population growth and movement, including dispersal necessary to support a future population expansion to meet therecovery objective (delisting criteria of approximately 750 animals). Much of thehistorical range of the sheep is needed to sustain the largerpopulation levels necessaryfor recoverybecause: a.Habitat maybe colonized and inhabitedby future ewe groups (Bleich et at.1996),if,for instance,population spatial structure or environmental conditions change,or the population grows as a result of recovery actions. The long- term persistence of a metapopulation depends on the number of habitat patches that are available for colonization (Hanski 1989).An important phenomenon, which is not intuitively obvious,is that destruction of only a fraction of available habitat can drive a metapopulation to extinction by disruptingthe balance between colonization and extinction rates(May 1991).Even locally abundant speciescan sometimes be very close to extinction if the proportion of suitable habitat is near the extinction threshold (Lande 1987). b.Movement throughout therange is needed to sustain the metapopulation (Bleich et at.1 990a). 70 c.The factors limiting the viability of Peninsular bighorn sheep arenot yet fullyunderstood and,in general,bighorn sheep habitatuse and selectionneed to be more thoroughly examined(McCarty and Bailey 1994).It is therefore necessaryto protect all remaining suitable habitat. d.Thehabitat of Peninsularbighorn sheep is restricted to a narrowband along thebase of the Peninsular Ranges,from the San Jacinto Mountains south to Mexico. In some areas, this band is less than 6 kilometers(4 miles)wide,so essentially no true “core”habitat exists.Without protection, connectivity couldbe severed at anypoint along this narrow band of habitat. e.Habitat near theeastern edge of this band often coincides with alluvial fans and canyonwashes, which provide Peninsularbighorn sheep with important resources (referto section I.B.1). f.Unpredictable changes in global climate warrant retention of future options in habitat conservation strategies. The delineation of essential habitat was based on habitat features known to be importantto bighom sheep,rather thanbeing based solely on current use patterns, becausepopulation numbers currently are low and use patterns are knownonly for a recent short time period.In addition,data collected on radio-collared animals (a sample of the entire population) represent a subset of the total area used.Methods used to delineate essential habitat are outlined in Appendix B.Compiling historical data and conducting recommended ecological research will further understanding of how bighorn sheep use available habitat.See Figures 2,4-9 for maps of essential habitat. 1.1.2.Secure habitat.Bighorn sheep habitat that is currently in private ownership should be secured (e.g.,purchased or acquired by exchange on a voluntarybasis) by State orFederal agencies and 75 managed compatibly through individual or regional habitat conservation plans or programs (e.g.,Coachella Valley Multispecies Habitat Conservation Plan, which will delineate these lands in its planning area),so that proper protection,management, and restoration measures canbe implemented.Interagency conservation plans or otherpotential agreements made with local governments and private land owners should assure:(1) long-term protection of lands under city and county jurisdiction,and (2) appropriate landuses adjoining bighom sheep habitat to prevent indirect effectsfrom degradinghabitat value.Limited funds for land acquisitionwill require prioritizing parcels; the value of each tract of land should be evaluated according to the following criteria,although not necessarily in the order listed below: a.At the level of individual ewe groups:how important is this landin supporting a ewe group in this area? b.Doesthis land include particularly important resources (e.g.,water sources,escape terrain,habitat for lambing,or important forage resources)for the bighom sheep? c.Does this landrepresent important habitat for movement and dispersal necessaryforconnectivity among ewe groups throughoutthe PeninsularRanges? d.Has this ewe group already experienced habitat loss? e.Would acquisition of this land reducethe cumulative negative effects of urban growth? f.Is the habitat imminently threatened? A list of prioritized parcels should be prepared and updated annually by land management agencies (Bureau of Land Management,U.S.Forest Service,CaliforniaDepartment of Fish and Game,Auza-Borrego Desert State Park,Coachella Valley Mountains Conservancy)to facilitate acquisition when 76 opportunities arise.Methods to facilitate public and private cooperation should be pursued, such as:(1)development of land useplanning guidelines (e.g.the CoachellaValley Multiple Species Habitat Conservation Plan,conservation guidelines in Appendix F),(2)development of a public education and outreach program (refer to II.D.3),and (3) development of supporting maps that better identify and explain bighorn sheep ecology and conservation requirements. 1.1.3 Maintain,manage,and restore habitat qualit’,.’and connectivity.As mentioned in section I.D.of this recovery plan, the recovery of Peninsular bighorn sheep is dependent on the existence of adequate habitat.Maintenance, management,and restoration of essential habitat will allowfor geographic expansion when population numbers increase.Theability of bighorn sheep to move freely throughout all parts of the range is critical to recovery because it:(1)facilitates exchange of genes between ewe groups, (2) allows habitat colonization,and (3)allows selection of alternativehabitat in response to predation pressure or temporary changesin habitat quality (Schwartz et al.1986,Bleich et al.1996) or human-related disturbance.Shifts in habitat use occur more readily within existing ewe group home ranges but homerange boundaries themselves also can change,albeit less frequently and more slowly over time.Therefore,in addition to protection of designated essential habitat,the followingmeasures should be taken to restore and maintain habitat quality and to assure connectivity throughout the range: 1.1 .3.1 Remove exotic vegetation and preventfurther invasion by exotic plants.This item refers primarily to control of tamansk (Tamarix species)along stream courses but also applies to other species such as fountain grass (Pennisetum setaceum)in select regions.Additional funding should be secured to continue and expand current tamarisk removal programs throughoutthe Peninsular Ranges.These programs should include,or be coordinated with,efforts to eradicate tamarisk outside of bighorn sheep 77 habitat,as this will reduce future invasion into bighorn sheep habitat.Tamarisk eradication,such as atThousand Palms Oasis,can result in immediate reappearance of surface water (Barrows 1994),which can helpexpand sheep distribution. 1.1.3.2 Reduce or eliminate wild horsepopulations from bighorn sheep habitat.Though burros and goats are currently absent,they also should be eliminated if they become established.The reduction or removal of non- native ungulates would:(1) eliminate potential sources of competition,(2) reduce potential destruction of water sources and vegetation,and (3)benefit other riparian dependant wildlife,such as least Bell’s vireo and southwestern willow flycatcher.The involved State and Federal agencies,along with the Agua Caliente Band of Cahuilla Indians,should determine whether wild horse management in Coyote Canyon (Anza-Borrego Desert State Park)and Palm Canyon is consistent with bighorn recovery objectives in these areas.Any continuation of feral horse grazing should be contingent upon the demonstrated ability to implement an effectivemanagement and monitoring program to ensure against:(1) the possibility of competition with sheep for food and water, (2) trespass onto other land ownerships,and (3) risks to public safety. 1.1.3.3 Implement afire management plan that recognizes fire as a natural disturbance in fire-adapted habitats of the Peninsular Ranges ecosystem and as a process that helps maintain bighorn sheep habitat.A wildland firepolicy should establish fire management areas for natural and management ignited prescribed fires.Further research on the use of fire as a management tool should helpguide such a plan (Smith and Krausman 1988,Krausman et al.1996; 78 and refer to section II.D.2.3).However, fire canrepresent a serious threat to bighorn habitat quality in Sonoran scrub plant communities,which unlike chaparral arenot well adapted to fire disturbance. 1.1.3.4 Maintain existing water sources and consider providing additional sources on public lands if water is thought to be a limiting factor in particular areas.Water development should be incorporated into research that investigates the effect that the addition of water has on bighorn sheep and other species (refer to section II.D.2). 1.1.3.5 Maintain and re-establish connectivity throughout all habitat.Bamers to movement (roads,fences,increased use of off-road vehicle areas,renewed railroad activity) should be prevented.Potentialbighorn sheep crossing areas should be identified and bridged or tunneled to attempt reestablishing connectivity.Typical culverts are not adequate becausebighorn sheep arenot known to move through dark tunnels.Existing roads appear to represent barriers between four current ewe groups (Rubin et al. 1998);solutions to promote connectivity should be attempted. Another important recoverygoal is to reestablish connectivity to habitat south of Interstate 8 and, ultimately,to Mexico.This task willrequire the cooperation of theCaliforniaDepartment of Transportation to incorporate bighorn sheep movement opportunities into their future construction plans.Coordination with Border Patrol and the Mexican government willbe needed to control human disturbance and the threat of disease transmission from domestic sheep and goats while reestablishing connectivity across theinternational border. 79 1.2 Reduce or eliminate direct and indirect human impacts.In addition to habitat loss, habitat modification and human activities often directlyor indirectly affect Peninsularbighorn sheep habitat use (refer to sections I.B.5 and I..D.5).The following actions,which should all be accompanied by strong educational and public awareness programs (refer to section II.D.3),will reduce these impacts. 1.2.1 Reduce impacts from existing and future developments and projects.These recommended actionspertain to any project (residential, recreational,resort,commercial,agricultural,or mining)that has been constructed withinbighorn sheep habitat,or any project adjacent to bighorn sheep habitat. Though habitat and opportunities for sheep movementthroughout all suitable habitat should be maintained, habitatuse alongthe immediate urban interface should not be encouraged because of risks associated with behavioral habituation. 1.2.1.1 Constructfences to exclude bighorn sheep from urban areaswhere theyhave begun or may begin using urban sources offood and water.Fences serve several functions including:(1)separating bighorn sheep from potential threats of urbanization (e.g.,toxic plants, parasites,accidents, vector-borne diseases,traffic, herbicides,pesticides,behavioral habituation), (2) controlling human and pet access to remainingbighorn sheep habitat, (3)preventing bighorn sheep from becoming habituated to and dependent upon artificial sources of food and water,and (4)modifying habituatedbehaviors and redirection into remainingnative habitat. Inthe northern Santa Rosa Mountains, ongoing coordinationwith cities and landowners on a regional fencing strategywill be critical to the long-term health and maintenance of this ewe group.Retrofitting existing developments with fences where sheep currently exploit urban food and water sources 80 is particularly important;cooperation by residential landowners will be critical to the success of excluding the northern SantaRosa Mountains ewe group from urban habitats.Along the remainder of the urban interface,where sheep have not yet shown indications of habituation to human habitats,future behavioral habituation also may occur.Although fencing may be viewed as a last resort to other potential forms of aversive conditioning,prudent planning dictates that mitigation be required to offset the likelihood of future adverse effects (behavioral habituation and increased mortality rates) when newprojects are approved along the urban interface. Though actual fence construction could be contingent upon future use by sheep and theineffectiveness of other potential deterrents,the wherewithal,responsibilities,and easements for fences should be determined and secured atthe time of project approval.Fences should be 2.4 meters (8 feet)high, or functionally equivalent,and should not contain gaps in which bighorn sheep canbe entangled. Gaps should be 11 centimeters (4.3 inches)or less.This fence design should only be usedat the urban interface.Refer to section II.D.1.2.2 forguidelines for livestock fences within bighorn sheep habitat. 1.2.1.2 Avoid non-native vegetation along unfenced habitat interfuces where it may attract or concentrate bighorn sheep.Along fenced sections of the urban interface, ornamental and toxic plants should not extend over or through fences where theymay be accessible to browsing bighorn sheep. 1.2.1.3 Promote the use of native vegetation and limit the planting of exotic species (including grass)in areas accessible to bighorn sheep.A list of locally native plants 81 should be provided to developers,landscapers,and homeowners.On Bureau of Land Management lands, especially livestock grazing allotments in and near bighorn sheep habitat,utilize only native vegetation in fire rehabilitation and range improvement projects. 1.2.1.4 Prohibit the use of any known toxic plants where they may be accessible to bighorn sheep or potentially invade bighorn sheep habitat.A list of known toxic plants should be provided to all developers, landscapers,and homeowners. 1.2.1.5 Discourage the use ofplants known to invade and degrade bighorn sheep habitat (e.g.,tamarisk,fountain grass). 1.2.1.6 Prohibit intentional enticement of bighorn sheep onto private property.This item includes, but is not limited to,vegetation,mineral licks,or unfenced swimming pools,ponds, or fountains upon which bighorn sheep may become dependent for water. 1.2.1.7 In unfenced areas,monitor the use ofpesticides, fungicides,herbicides,andfertilizers if sheep are using urban landscapes.All products used should be warranted by the manufacturer to not be harmful to wildlife when applied at the label rate,and no applications should exceed the label rate.Coordination with landowners and homeowner groups is needed. 1.2.1.8 Regulate the diversion or procurement of water, whetherfor human use or irrigation,and whether from springs or aqu~fers,that would reducenatural water sources used by bighorn sheep.Coordination with land 82 owners and the State Water Resources Control Board is needed to redress potential water rights conflicts. The Regional Water Quality Control Board’s Basin Plan should recognize bighorn sheep as a beneficial use for perennial and seasonal waters within essential habitat. 1.2.1.9 Prohibit the construction of water bodies in developed areas adjoining sheep habitat that may promote the breeding of midges (Culicoides sp.) and monitor/control vectors in existing problematicponds. Water features should be designed to eliminate blue-tongue and other vector-borne diseases by providing deeper water (over 0.9 meters [3 feet]),steeper slopes (greater than 30 degrees),and if possible,rapidly fluctuating water levels (see Mullens 1989,Mullens and Rodriquez 1990). Landowners and managers should coordinatewith local mosquito and vector control districts to ensure management of existing water bodies that harbor vector species. 1.2.1.10 Discourage the art~ficialfeeding of coyotes because of the potentialfor increasing predator abundance and consequentpredation on bighorn sheep. 1.2.1.11 Establish a method and secure funding to consistentlymonitorand enforce all actions listed under task 1.2.1. 1.2.2 Reduce or eliminatedetrimental human activities within bighorn sheep habitat.A variety of human activities can affect bighorn sheep (refer to section I.D).Bighorn sheep may react in two ways (Papouchis et al.1999):(1) avoidance of disturbance or human encounters (potentially including habitat abandonment), and (2)habituation to sources of disturbance if they are sufficiently predictable.Behavioral habituation can include adjustments to 83 timing of use in certain areas,such as by avoiding the area until the disturbance is gone (Hamilton et al.1982)or fleeing the disturbance and returning whenthe disturbance is absent. Expansive urban development in and around bighorn sheep in desert habitats has occurred in three metropolitan areas to date-- Albuquerque,Tucson,and Coachella Valley—and in all instances, habitat abandonment and population decline has resulted (Gionfriddo and Krausman 1986;Krausman,in litt.1998; Krausman et al.In prep.).Bighorn sheep have demonstrated greater resilience to human disturbance in more remote locales such as Alberta (MacArthur et al.1982)and the Sierra Nevada (Hicks and Elder 1979),though bighorn also are known to avoid excessive human disturbance in areas well away from urban centers (Papouchis et al.1999). Given the potential behavioral vulnerabilities of bighorn sheep to human disturbance (including dogs)and associated risks to the persistence of currently depressed populations in the Coachella Valley,a biologically conservative management approach is appropriate in the Peninsular Ranges.The public should be educated regardingproblems associated with human-sheep relationships,and encouraged to continue supporting conservation efforts (Smith and Krausman 1988).A trails management program is currently in place on Anza-Borrego Desert State Park and appears to be providing a level of management that is maintaining relatively stablepopulation levels of bighorn sheep.The success of this programmay be attributable to an intensive educational program,along with prohibitions againstdogs(on trails) and other disruptive activities,and a strong management presence to ensure adequate compliance.In addition,the most heavily used areas typically are located in steep terrain that limits the number and location of trails to relatively fewnarrow canyon bottoms.Sheep arebetter able to coexist with recreational use where human 84 disturbance typically occurs atelevations lower than where sheep spend most of their time (Hicks 1977). The following sectionprimarily focuses on the northern Coachella Valley though the principles pertain rangewide. The relative remoteness of the Anza-Borrego region renders comparisons with the heavily populated Coachella Valley difficult,but recreation activities could be viewed differently because they arepart of a cumulative set of factors affectingthe sheep,some of which (e.g., development-related pressures in sheep habitat) are more intensein the Coachella Valley. Though cause and effect relationships have not been established,theproportionally larger population declines in the northern Santa Rosa and San Jacinto Mountains than elsewhere maybe related in part to the relatively higher levels of human disturbance associated with the larger metropolitan area. Other contributing factors may include the more extensive and interconnected trail system that is not largely restricted to canyon bottoms. Most of the trails head upslope and intersect other trails athigher elevations,forming an extensive trail network throughout ewe group home ranges,including lambing,rearing,and watering habitat. The patchwork of differing land ownerships has contributed to management difficulties. The types of trail use activities,aswell asproliferation of new trails,also have gone largely unregulated.The Dunn Road,constructed illegally in the northern Santa Rosa Mountains in the I 970s, also is considered a trail since much of the use is by recreational pedestrians and bicycles and vehicular access is restricted.Travel in washes by vehicles and on foot also should be considered trail use. The Agua Caliente Band of Cahuilla Indians currently is preparing a wildlife habitat management plan for the reservation,including a trails management program,which should be coordinated with the largerplanning effort to ensure attainment of regional objectives. TheTribe recently banned dog use on its trails system,and will 85 coordinate its efforts with other agencies when a draftplan is complete. Research should focus on how different kinds and levels of disturbance affect bighorn behavior and habitat use patterns.The prevailing lack of baseline data on location,types,and extent of trail use must be overcome as a prerequisite to studying and better understanding these effects. 1.2.2.1 Develop and implement a trails management program with affected land management agencies, scientWc organizations,and usergroups.A trails program in the San Jacinto and SantaRosa Mountains necessarily will require interagency cooperation,with specific responsibilities and levels of funding identified.The cities and primary land management agencies,with the Bureau of Land Management in a leadership role,should coordinate with user groups in developing a plan with the Fish and Wildlife Service and the Department of Fish and Gameso that it can be effectively implemented on a regional basis. Regular interagency meetings should be scheduled to ensure effective coordination and implementation.The program should consist of the following components: a.Public education.Preparation of a public education and outreach program is needed so that trail usersbetter appreciate and understand bighorn sheep and other biological values associated with the Peninsular Ranges. Also see Section II.D.3.Most members of the public likely will voluntarilyrefrain from recreating in sensitive habitats during critical seasons if they understandthe effects of human related disturbance on bighorn sheep.Nonetheless, monitoring and enforcement will be necessaryto provide effective management. 86 b.Prohibition of dogs in bighorn sheep habitat.Dogs should remain in developed or designated areas (campgrounds,picnic areas,on paved roads, etc.) under restraint and prevented from roaming into bighorn sheep habitat. c.Lambing and rearing habitat.Seasonal restrictions are needed on selected trails that bisect lambing habitat.In this Recovery Plan,the lambing season is defined as January 1 to June 30,and lambing and rearing habitat is definedas those areas in which ewes and lambs are observed during this period.These definitions were chosen to provide protection forthe majority of lambs during the first 3 months of life and to allow ewes undisturbed access to lambing areas prior to the peak parturition months (February through April).Trails that are currently known to result in disturbance to lambing and rearing habitat are listed in Table 10. d.Watersources.Seasonal restrictions or trail relocations maybe appropriate for selected trails that lead to water sources.Trail use should be avoided near critical summer water sources from June 1 through September 30,and other times,as well,if water is scarce.Trail use is prohibited by regulation[see California Government Code,Title 14, Section 630(b)(l l)(A)and (30)(A)]at Magnesia Springs and Carrizo Canyon Ecological Reserves.Trails that are currently known to conflict with the summerwater requirements are listed in Table 10. e.Trail management.Trails that conflict with lambing, rearing,and waterrequirements should be addressed through management tools,such as seasonal restrictions or 87 Table 10.Trails and areas with potential conflicts that should be addressed in an interagency trails management plan.* Trail Conflicts with Lambing from January 1 through June 30 Conflicts with Water stress from June 1 though September 30 Comment N.Lykken trail X X Skyline trail X Museum trail (Palm Springs) X X Applies above picnic table at Desert Rider’s Park. South Lykken trail X Picnic table trail (south of Tahquitz Canyon) X Applies above picnic table. Tahguitz Canyon X X Dunn Road X X MurrayHill trail complex X X Cathedral Canyon trail X X Mirage trail (Bump and Grind) X Applies above the flat overlook Art Smith,Schey, and connecting trails X X Carrizo Canyon trail X X Bear Creek Canyon trail X X Boo Hoff trail X X Guadalupe trail X X Morrow trail X X This list of trails should be updated annually through the interagency trails program, based on the most current information. relocations. Permanent closures maybe necessary where relocation is not possible and seasonal restrictions cannot be effectively monitored or enforced.Trails should be used as a tool to focus human activity away from areas of concern.Newtrails in bighorn habitat should be avoided, 88 except in select areas along the urban edge, where they could provide two benefits—alleviate pressure on trails that intrude deeperinto sheep habitat,and provide a disturbance barrier to discourage potential sheep attraction to urban sources of food and water. Anynew trails should minimize adverse impacts to alluvial fans,canyon bottoms,and other areas that mayprovide essential seasonal forage conditions while still accomplishing theobjective of routing use away from the more sensitive areas. f.Monitoring, enforcement,and research.A management presence by uniformedpersonnel should be deployed during peak use periods to educate the public,monitor compliance with trails rules,and enforce rules against any violations.Monitoring of bighom sheep habitat use patterns should be designed to detect behavioral responses that can adaptively feedback into revised management measures.Experimental research to furtherour understanding of human/sheep interactions also should be conducted.See Section II.D.2.7. 1.2.2.2 Manage activities within bighorn sheep habitat that fragment or interfere with bighorn sheep resource use patterns or other behaviors to reduce or eliminate adverse effects.This task includes but is not limited to road traffic, trail use,off-trail activity,and aerial activities,such as hang gliders and helicopters,which may have a negative effect on bighorn sheep.For example,the U.S.Navy currently implements a 457-meter (1,500-foot)minimum ceiling for military flights above bighorn sheep habitat in the north end of the Anza-Borrego Desert State Park and a 60-meter (200-foot)minimum ceiling in the remainder of the park. The 457-meter (1,500-foot) minimum ceiling should apply to all flights over any bighorn sheep habitat. 89 1.2.2.3 Manage livestock grazing to reduce competition for scarce resources and to minimize the potential for disease transmission.Existing (Canebrake,with lambing and watering habitat)and currently inactive (Vallecito and Oriflamme) allotments should be evaluated and modified or closed,if necessary to achieve recovery objectives.The McCain Valley allotment should also be assessed to ensure compatibility with adjoining sheep habitat.If the closure of one or more livestock grazing allotments is determined necessary to remove the impediments to recovery described above in Section I.B.6 concerning competition or in Section I.B.7 concerning disease transmission,the Bureau of Land Management should develop proposed land use plan amendments to effect such closure(s).Until decisions are made regarding potential allotment modifications or closures,the current allotment boundaries should be fenced according to Bureau of Land Management fence specifications for cattle and bighorn sheep (Bureau of Land Management 1989).If any allotments,or portions thereof, that overlap with bighorn sheep habitat are subsequently closed through land use plan amendments,the fences around such allotments should be removed following the cessation of livestock grazing. 1.2.2.4 Prohibit the grazing of domestic sheep within 14.5 kilometers (9 miles,)of bighorn sheep habitat to prevent disease transmission. 1.2.2.5 Require all cattle grazing allotments adjacent to bighorn sheep habitat to be fenced where cattle straying into bighorn sheep habitat degrades forage or water resources.Fences should comply with Bureau of Land Management specifications for cattle fences in bighom sheep habitat (Bureau of Land Management 1989). 90 1.2.2.6 Prohibit the use ofgoats as pack animals in bighorn sheep habitat.Goats are known to transmit diseases to bighorn sheep.Other pack animals,such as llamas and camels, should be assessed for potential disease risk and prohibited if a risk exists. 1.2.2.7 Establish a methodand secure funding to consistentlymonitorand enforce all actions listed under task 1.2.2. 1.3 Reduce mortality rates.Low survivorship of adult Peninsular bighorn sheep currently threatens population viability (refer to section I.B.4). Measures to improve survivorship are fundamental to this recovery effort. 1.3.1 Reduce mortality due to unnatural causes.A number of mortalities of Peninsular bighorn sheep have been caused directly or indirectly by human activities.Some mortality factors,such as poisoning by plants and vehicular collisions,are a byproduct of urban developments built within or adjoining bighorn sheep habitat,or human presence in bighorn sheep habitat (refer to section II.D.1.2).Additional causes of mortality should be reduced with the following actions: 1.3.1.1 Prohibitfences in which bighorn sheep may become entangled orstrangled, or that interrupt habitat connectivity or block movement of bighorn sheep within remaining habitat.At the urban interface,fences should not contain gapslarger than 11 centimeters (4.3 inches) (refer to section II.D.1.2.1 .1).All other fences should comply with Bureau of LandManagement specifications for fences withinbighorn sheep habitat (Bureau of Land Management 1989). 91 1.3.1.2 Post all movement areas or areas of bighorn sheep concentration near highways with bighorn sheep crossing signs to warn motorists.Post informational warning signs at the entrance to blind curves.Solutions need to be identified and implemented to reduce the extent of vehicular related mortality along problematic road segments such as Highway 74 above Palm Desert,S-22 west of Borrego Springs,and Highway 78 south of Borrego Springs.If monitoring indicates that more effective warning systems areneeded, flashing yellow lights and intensified signage,etc.,should be phased in.Coordination with Caltrans and the counties will be required. 1.3.2 Reduce mortality due to natural causes.Predation by mountain lions represents a threat to the viability of bighorn sheep in the Peninsular Ranges (refer to sections I.B.4,I.B.5,and I.D). Selective removal of lions may therefore be necessary to facilitate recovery.The goals of reducing predation pressure are to protect small subpopulations from extinction and to stimulate population increases.The following guidelines for implementing predator management were designed to facilitate recovery of Peninsular bighorn sheep in accordance with the recovery criteria established in this recovery plan.The first level of predator control is essentially an emergency action to protect small subpopulations from extinction.This level of management was identified to help the population meet downlisting criterion #1 (the presence of 25 ewes in each of the 9 recovery regions),while the second level of lion control will be conducted,if necessary,to facilitate achievement of delisting criterion #2. Removal of mountain lions should be selective and only target individual lions known to be,or suspected of,preying on bighorn sheep.Predator management should not be implemented as a mitigation measure for habitat loss because it is a temporary 92 remedy for a potential short-term problem and does not offset the permanent impact of habitat loss.Lion removal must be accompanied by careful monitoring to determine if predator control achieves the desired protection of bighorn sheep (referto section II.D.2.5).Theeffects of predatormanagement should be incorporated into ecosystem level research on the predator/prey relationships among bighorn sheep,lions,and deer(refer to section ll.D.2.3). Thecriteria for implementing predator control may need to be changed as knowledge regarding this predator-prey relationship and the balance between predation and population viability are better understood (refer to section II.D.2).The ultimate goal is to restore an ecological system that includes viable predator/prey systems in which no predator removal is necessary. Predator Removal Level I.Predator removal should be implemented if there are fewer than 15 adult femalebighorn sheep in a givenrecoveryregion (refer to the 9 regions in section II.B) and predation is a known mortality factor.Inthis circumstance, protection of individual bighorn sheep is critical for ensuring bighorn population survival and persistence in the recovery region. Lion removal should be implemented solely in the recovery region of concern,and continue until population growth is reestablished to a trajectory expected to achieve the downlisting threshold of 25 adult ewes in the region. Predator Removal Level 2.Predatorremoval may also be implemented if there are greater than 25 ewes in each of the 9 recovery regions,to furtherfacilitatethe long-term goals of population recovery.Lion removal should only occur if lion predation is the primary cause of mortality and low survivorship is determined to be limiting population recovery.Careful monitoring,habitat evaluation,and possibly computer simulations should be used to determine if,when, and where predator removal should occur.Predator removal should be discontinued if available 93 evidence indicates that:(1)lion predation no longer limits bighorn sheep population growth,and (2) continued removal would no longerresult in a population expansion within the recovery region necessary forthe overall recovery of the metapopulation. 1 .4 Develop a long-term strategy and maintain the current capability for captive breeding,reintroduction,and augmentation programs.A small captive breeding herd (14 animals in 1998) exists at the Bighorn Institute (refer to sections I.C.1 and I.E.3)and is managed according to the guidelines outlined in Appendix C.This herd was established in 1984 to facilitatethe study of low lamb survival.Animalsborn or rehabilitated at the facilityhavebeenreleased into thenorthern SantaRosa Mountains (n equals 74)or the San Jacinto Mountains (n equals 3),typically as small groups of yearlings,since 1985 (Ostermann et al.in press). The Recovery Team should develop a long-term strategy that identifies the process and circumstances under which captive breeding,reintroductions, and augmentations may be appropriate and carried out,including the potential introduction of animals from adjoining metapopulations. Reintroduction and augmentation are potential tools to (re)establish ewe groups and restore connectivity among neighboring groups.Augmentation of dwindling groups mayserve as a “rescue effect”(Brown and Kodric- Brown 1977),thereby reducing the risks associated with naturally occurring random variations in populations.Augmentation may also play an important role in the conservation of bighorn sheep because habitat use patterns are learned from experienced animals.Once use of a particular area is discontinued by females,it maybe more difficult forinexperienced sheep to become established in this area (refer to section I.B.2).Finally, augmentation can be of value to address genetic concerns. Reintroduction and augmentation programs are recognized conservation tools and have been used extensively to manage bighorn sheep populations (Bleich et al.1990b,Ramey 1993);however,theycome with a set of potential problems (Campbell 1980,Kleiman 1989,National Research 94 Council 1995).Reintroductions and augmentations also must be coordinated with other recovery efforts.That is,they are meant to play supportive roles to other measures that protect Peninsular bighorn sheep and their habitat, they should be supported through public relations and education programs (Kleiman 1989,National Research Council 1995),and they should be preceded or accompanied by otherconservation measures to restore population viability (Stanley Price 1991).Finally,decisions regarding reintroductions and augmentation need to consider the genetic, disease,and population structure consequences of such actions. Although there are advantages to using free-ranging animals in augmentations and reintroductions,captive breeding also can provide animals for releases.In addition,captive propagation can be used as a recovery tool to:1)conduct recovery related research,2)maintain genetic diversity or genetic lineages,and 3)maintain refugial populations. The long-term strategy should specify the goals of reintroduction and augmentation activities,and describe the steps that will be followed to reach these goals.The strategy should be consistent with the guidelines adopted by the Conservation Breeding Specialist and the Reintroduction Specialist Groups of the Species Survival Commission of the International Union for the Conservation of Nature and Natural Resources,The World Conservation Union,and those of the American Zoo and Aquarium Association’s Caprinae Taxon Advisory Group.Appendix C outlines additional considerations and a protocol for captive breeding and release of captive animals. 2.INITIATE OR CONTINUE RESEARCH PROGRAMS NECESSARY TO MONITOR AND GUIDE RECOVERY EFFORTS. This section focuses on research topics with management applicability needed for recovery.The approach is to design management actions so that:(1) results can be measured, (2) efficacycanbe evaluated as testable hypotheses,and (3) alternative or refined actions can be formulated and tested again (adaptive 95 management,as defined by Holling 1978).However,adoption of this approach for bighorn sheep recovery likely will be more problematic than for most species. Manyresults will not become apparent for many years because sheep are long- lived and behavior can be slow to change and difficult to document. 2.1 Monitor population status.The status,population dynamics,and population trends of Peninsular bighorn sheep should be monitored so that the success of this recovery effortcanbe evaluated.Consistent long-term monitoring will allow use of adaptive management approaches that would increase the effectiveness of recovery efforts.Continued monitoring is also a necessary component of future research. Population monitoring (abundance,distribution,recruitment)should be coordinated with other research (e.g.,survivorship,habitat selection)to maximize cost efficiency and the data collected per animal collared,as well as to minimize handling and marking animals. 2.1.1 Monitor abundance.All bighorn sheep habitat in the Peninsular Ranges should be surveyed by helicopter at least every other year to generate population estimates.Initially,this will require that a known number of radio-collared animals are distributed throughout the range so that mark-recapture abundance estimations can be generated.The number of collared animals should be sufficient to achieve an accuracy of plus or minus 25 percent with a probability of 0.05,following the methods described in Krebs (1989)and Robson and Regier (1964),or approximately 30 percent of the estimated ewe population should be radio- collared. However, a “sightability”estimate maybe generated after additional surveys are conducted,thereby eliminating the need to maintain this percentage of radio-collared animals.This approach would be especially beneficial if/when population numbers become large.Where ewe group delineations are known, estimates of abundance should be generated for individual ewe groups as well as for the entire range.Annual waterhole counts should be continued in Anza-Borrego Desert State Park and 96 perhaps reinitiated in the Santa Rosa and San Jacinto Mountains. Data from waterhole counts can be used to potentially provide important information about population characteristics (e.g.,lamb to ewe ratios and/or ram to ewe ratios)and to index abundance. Continuation of waterhole counts concurrent with helicopter surveys (for 5 to 10 years)may reveal a relationship between abundance indices and population estimates.This relationship may allow biologists to use historical waterhole count data (collected over 28 years)to estimate historical abundance patterns.Aerial surveys and waterhole counts should be conducted according to the protocols in Appendix E. 2.1.2 Monitor distribution.Further data should be collected on distribution of Peninsular bighorn sheep.Ground surveys for bighorn sign should supplement aerial surveys and telemetry studies to further define habitat use patterns.Questions regarding distribution include but are not limited to:(I)how many ewe groups are currently found in the Santa Rosa Mountains and Vallecito Mountains,(2)if augmentation or reintroductions are necessary, where should these occur,and (3) how do the number and distribution of ewe groups change over time as conditions or population numbers change? Abundance monitoring (see task 2.2.1.1)will initially require that radio-collared animals be distributed throughout the range.The location of each animal should be obtained via visual location or fixed wing aircraft telemetry surveys,at least biweekly.In addition,the locations of all observed animals without collars should be recorded during biennial helicopter surveys. 2.1.3 Monitor recruitment.Reproductive success,which includes lamb production and recruitment,should be monitored on a yearly basis in all ewe groups.Tracking and observing individually marked ewes generates the most useful data because lamb survival 97 to specific ages can be determined,and the reproductive success of individualewes can be tracked.Alternatively,the lamb to ewe ratio of each ewe group couldbe measured atvarious times of the year (e.g.,during waterhole counts or helicopter surveys).Ground surveys should be organized if feasible.If lamb mortality is found to be high in specific ewe groups,the radio-collaring of lambs may be necessary to identify causes ofmortality.Recruitment should be compared among ewe groups,years,and management strategies. 2.1.4 Monitor survivorship and cause-speqfic mortality.Adult survivorship should be monitored annually in all ewe groups.This monitoring would require that radio-collared rams and ewes are present in each area and telemetry signals are monitored on a regular (at least biweekly)basis.It is important that all mortalities be investigated promptly so that cause specific mortality rates can be calculated.Astandardized mortality siteinvestigation protocol should be established.Whenever possible,fresh carcasses or tissue samples should be collected and submitted to the California Veterinary Diagnostic Laboratory for pathological examination. Survivorship and cause-specific mortality should be compared among ewe groups,years,and management strategies. 2.2 Develop population models.Although a substantial amount of knowledge exists regarding bighorn sheep in the Peninsular Ranges and elsewhere,there is a need for further research regarding their ecology and the factors that influence population viability.Incorporating existing knowledge into models may provide insight into the ecology of Peninsular bighorn sheep and the system to which they belong.Rather than using the absolute results of models to make policy or management decisions, however,the relative outcomes of alternative models should be used to guide management decisions (Beissinger and Westphal 1998)and future research efforts.Models uncover knowledge gaps and thereby guide future research and generate hypotheses that would not otherwise be addressed.The recovery of Peninsular bighom sheep will benefit from 98 answers to a number of questions.These questions include,but are not limited to:(1) how do the number of ewe groups,size of groups,and level of connectivity among groups affect persistence probabilities of the metapopulation,and (2)what are the relative long-term effects of various levels of adult and juvenile mortality on population viability? Although the above questions pertain primarily to viability from the perspective of population numbers,future models could also incorporate data to assess genetic diversity.Additional models should explore habitat selection versus availability. 2.3 Research the relationships between bighorn sheep,mountain lions, mule deer,and habitat.In thePeninsular Ranges,mountain lions and mule deer are found within bighorn sheep habitat,and are important variables affectingthis ecosystem (Hayes et al.2000). To increase our knowledge of the ecology of Peninsularbighorn sheep,a better understanding of predation,interspecies relationships,and habitat selection is needed.Information regarding the relationships will be valuable in making future management decisions to facilitate population recovery,including decisions regarding habitat management,reduction of mortality due to predation,and whether other species should be managed to achieve recovery of Peninsular bighorn sheep.Pertinent research goals include,but are not limited to: a.Estimate the number of mountain lions preying on bighorn sheep. b.Examine movement patterns of mountain lions within and adjacent to bighorn sheep habitat,and attempt to identify influencing factors. c.Examine the spatial and temporal patterns of mountain lion predation on bighorn sheep and mule deer in relation to the distribution of both prey species, season,climate patterns,and habitat characteristics. 99 d.Describe the habitat use patterns and distribution of mule deer in and near bighorn habitat. Answering some of these questions requires long-term study (perhaps 10 ormore years).Such a study would requireextensive monitoring and habitat study of all three species.Experimental approaches involving removal of mountain lions and manipulation of mule deer populations and habitat should be designed to test the outcome in terms of predation rates on bighorn sheep. 2.4 Investigate the relationships between bighorn sheep and coyotes and bobcats.Although mountain lions appear to be the primary predator of adult bighorn sheep,predation by coyotes or bobcats also may affect the viability of bighorn sheep populations,primarily through predation on lambs. Factors that put bighorn sheep at risk from these predators should be investigated.Studies should examine what impact expanding urbanization, the use of urban environments,and artificial water sources may have on the relationship between these three species. 2.5 Investigate the efficacy of temporarysuppression of natural predation.Mountain lion predation currently is the primary cause of death of adult radio-collared bighorn sheep in most ewe groups in the Peninsular Ranges,and threatens population viability (refer to sections I.B.4 and I.B.5).Any measures to intervene should be designed sothat the effectiveness of various techniques canbe evaluated. The presence of lions and otherpredators in the area of interest should be monitored as part of the investigation.Because mortality and mountain lion predation rates fluctuate across years (refer to sections I.B.4 and 1.B.5),it will be important to evaluate the effectiveness of these actions over multiple years. 2.6 Research habitat use/selection and dispersal behavior.Habitat use by sheep has been studied by a number of researchers (refer to section I.B.l), but manyquestions remain.In thePeninsular Ranges, as in many other 100 bighorn sheep habitats,the specific factors that limit populations are not well understood.Abetter understanding of habitat use patterns and factors underlying habitatselection will aid our understanding of resource requirements and promote informed management decisions.Selected topics for future research include:(1)water and nutritional requirements and how these factors affect population characteristics and distribution,(2) how and where habitat use and movement are influenced by disturbance barriers and sources of fragmentation,(3)habitat use and how it relates to predator evasion,(4)how habitat quality influences dispersal behavior, and (5)how human disturbance affects habitat use patterns. Documentation of habitatuse for essential life functions,such as lambing, rutting,summer water stress,and dispersal,is needed.A detailed vegetation map with sources of fragmentation for the entire Peninsular Ranges would facilitate analyses of these variables on habitat usepatterns. A number of questions exist regarding dispersal behavior.For example, how often do ewes move between groups?Although preliminary data suggest it occurs at a low rate,long-term monitoring (two or morebighorn sheep generations)may be necessary to more accurately estimate the frequency of such moves.Other questions include,but are not limited to: (1)what conditions (population density,forage quality,time of year)are associated with movement of animals between ewe groups;(2)what habitat featuresare associated with movement paths; (3) how does range expansion occur;and (4) how far (and among howmany ewe groups)do rams typically move? The frequency and duration of monitoring will depend on the specific research questions.For example,long-term studies are needed to document dispersal behavior,while frequent or nearly continuous monitoring may be necessary for studying habitat selection and use patterns (Laundre et al.1987).The use of Global Positioning System collars mayprovide a valuabletool in such studies. 2.7 Evaluate the effect of human activities on bighorn sheep.Given the history of bighorn sheep population declines and extirpations in other areas near urban centers,information is needed on how to manage 101 recreational activity in a manner that does not interfere with bighorn habitat use.Because knowledge of the location and extent of human activity is a prerequisite to conducting research and making informed management decisions,responsible land management agencies should place a high priority on obtaining this information.Avariety of study designs maybe appropriate, such as:(1)experimentally prescribing different management techniques and measuring results,(2)measuring physiological changes in individuals in response to different disturbance regimens, (3)determining the effects of human activities on bighorn population characteristics (e.g.,reproduction and recruitment rates),and (4) determining the effects of human activity on bighorn behavioral patterns or activity cycles.It is critical that studies seeking to detectthe effects of human disturbance have sufficient sample sizes and statistical power to avoid type II statistical errors (accepting a falsenull hypothesis). 2.8 Research disease and preventive measures.There is a need to provide ongoing screening for pathogens and exposure to infectious diseases to detect and mitigate emerging epizootics. Although infectious diseases do not currently appear to play an important role in population dynamics of bighorn sheep in most of the Peninsular Ranges,it will be important to continue monitoring the presence and impact of infectious diseases in ewe groups because outbreaks could occur at any time.Since it will be essential to radio-collar animals to monitor ewe groups,biological samples should be collected atthe time of capture and tested for presence of infectious disease.In particular,whole blood and serum should be analyzed for the presence of specific pathogens and antibodies to those pathogens. A standardized sampling protocol should be developed and the laboratories used by researchers should be identified in all reports so that testing can also be standardized. When feasible,fresh carcasses should be taken immediately to theCalifornia Veterinary Diagnostic Laboratory in San Bernardino for necropsy.A standardized necropsy protocol should be developed,and necropsy reports made available to all agencies and researchers. 102 At this time,preventive measures such as vaccination or anthelmintic treatments do not appear to be warranted in any of the ewe groups with the exception of thenorthern SantaRosa Mountains ewe group.Nematode parasites have been documented in this group and nematode treatment may be appropriate. Treatment schemes should be designed so that the effectiveness of each treatment can be evaluated (control animals or groups should be used).Infectious disease data should be re-evaluated periodically or continuously,and recommendations regarding treatment and preventive strategies based on research findings. Pathogen monitoring should be extended to cattle and mule deer in the Peninsular Ranges.Other ungulates may serve as reservoirs for cross transmission of bluetongue to bighorn sheep. 2.9 Research genetics of bighorn sheep in the Peninsular Ranges. Genetic issues should be considered and re-evaluated during the recovery process,especially as new methods become available.Samples should be used in association with those already collected to more clearly delineate population structure,to estimate gene flow,to identify themost appropriate source stock (free ranging and captive) for translocation,to assess the risk of inbreeding and outbreeding depression,to test if there has been a recent population bottleneck within a subpopulation,and to monitor loss of variation due to changes in breeding structure.Research directed towards the estimation of the effective population size (N)shoulde be a priority,and genetic variability should be directly monitored (Lande and Barrowclough 1987).In addition,analyses of samples collected from bighorn sheep within and outside of the Peninsular Ranges would be useful to better estimate the phylogeographic structure of desert bighorn sheep and to further identify management units.DNA samples should be collected from every animal captured in the Peninsular Ranges and from adjacent populations,using a standardized sampling protocol. A DNA bank has been established at the University of California at Davis that consists of over 700 samples from bighorn sheep in the Southwest, including over 100 samples from the Peninsular Ranges. Given recent and 103 anticipated technological advancements,collection and long-term storage of germinaland somatic cells from captured animals should be initiated for future use. 3.DEVELOP AND IMPLEMENT EDUCATION AND PUBLIC AWARENESS PROGRAMS. Conservation efforts have a higher chance of success if they are supported by the local community.A number of recoveryactions outlined in this recovery plan will directly affect the general public.It is therefore imperative that strong public education and awareness programs be implemented. The public needs to be informed ofthe reasons why specific recovery actions are being taken. This task will require an educationprogram on the ecology of Peninsular bighorn sheep, what threats this species is currently facing,and how recovery actions will reduce thesethreats. Coordination with thepublic and interest groups will be particularly important for controversial issues,such as trails and predator management.This knowledge should translate into a respect and concern for this species,leading to support forconservation measures. Several programs and sources of informationpertaining specifically to Peninsular bighorn sheep already exist.Interpretive displays and materials arefound at the Visitor Center in Anza-Borrego Desert State Park, the Bureau of Land Management Visitor Center in Palm Desert,Bighorn Institute,Living Desert in Palm Desert,and Palm Springs Desert Museum.In addition,local interest groups have hosted guest talks by biologists studying bighorn sheep.These programs should be continued and additional programs established, such as information provided to the public through the tourist industry and ecotourism operators.The effectiveness of educational programs would be increased if a higher degree of coordinationexisted among individual programs and other recovery activities. This coordination would not only allow each program to present the most accurate and updated information,but would also let the general public see that the recovery of Peninsular bighorn sheep is a collaborative effort supported by multiple agencies,organizations,and individuals.Specific recovery actions are: 104 3.1 Distribute information related to recovery efforts.Updated and accurateinformation should be available to interested individuals, groups, or local governments.This material should be provided by the key agencies involved in therecovery effort and should include information on theecology of Peninsularbighorn sheep,currentthreats to population viability,and explain recovery actions.Information dissemination should coordinatewith the Coachella Valley Multiple Species Habitat Conservation Plan. The need for specific recovery actions should be explained to the general public.For example,home owners, landmanagers,and developers should be provided with information that explains:(1)why restrictions on toxic plants,fences,and pesticides are needed,and (2)why artificial feeding of coyotes could adverselyaffect bighorn sheep.Recreation groups should be providedwith information that explainswhy certain trail closures are necessary.Interpretive signs should be posted at all trailheads that enter bighorn sheep habitat.Trained docents could be present at popular trailheads during high trail usage periods and during periods of trail closures to provide additional information and answer questions. 3.2 Continue,update,and coordinate existing education programs. Existing programs should be expanded and regularly updated to provide an accurate view of our currentknowledge regarding Peninsular bighorn sheep.Dynamic displays that feature up-to-date population status and monitoring activities,current researchprojects,and conservation activities likely will be most effective.Eachprogram should highlight not only how its agency’s or organization’s activities contributeto the recovery of Peninsular bighorn sheep,but howthese activities complement those of other agencies/organizations.Au annual meeting of government officials including the Fish and Wildlife Service,the Bureau of Land Management, CaliforniaDepartment of Fish and Game,California Department of Parks and Recreation,U.S.Forest Service,researchers from the University of California at Davis, Bighorn Institute,and others,as appropriate (e.g. educational facilityrepresentatives or public relations directors),should be 105 heldto facilitatethe exchange of information and ideas for improving and updating education programs. 3.3 Develop additional educational programs.An educational program targeting local schools should be developed.This program might include a teachingpacket that school teachers can use to introduce their students to Peninsular bighorn sheep and the desert ecosystem in general.Classroom activities could be combined with visits from biologists or tours of bighorn sheep habitat,possibly in conjunction with existing programs (e.g.,at Auza-Borrego Desert State Park and The Living Desert).Current conservation issues,population monitoring,and research projects could be incorporated intothis type of program,possibly through the use of informative videos orweb sites.Cunningham (1993) outlined the use of such an interactiveprogram in Arizona. The feasibility of additional educational programs should be investigated. Possible sites/organizers are the Zoological Society of San Diego,the Los Angeles Zoo,and museums within Riverside and San Diego Counties. Additional goals of existing and newly developed programs should be to: a.Reach people who would not typically be exposed to traditional programs (i.e.,individuals who might not frequent visitor centers orwho do not have school-aged children).This goal might be accomplished by promoting informative presentations atsenior citizen centers,home owner group meetings, tourist centers,or golf clubs.In addition,local and nationaltelevision programs featuring the Peninsularbighorn sheep should be developed,and press releases should be encouraged. b.Stress an ecosystem approach in which habitat protection is an integral part of the recovery of Peninsular bighorn sheep. 106 c.Encourage the public to takepart in conservation activities. A prime example is 28 years of waterhole count data that have been collected byvolunteer counters in Anza-Borrego Desert State Park. Habitat restoration,such as tamarisk removal or water development also represent ideal volunteer projects. An observation logbook might be established at visitorcenters to allow visitors to recordbighorn sheep and other species they observed. d.Conduct public attitude assessments to determine the effectiveness of specific programs and guide future activities. 3.4 Distribute a protocol to select law enforcement,public health,and safety off cialsfor the humane treatment of injured bighorn sheep.Injured bighorn sheep are sometimes found by motorists, pedestrians,or hikers who thenreport the situation to public officials in a variety of agencies. Personnel of these agencies often are not knowledgeable about medical or humane treatment procedures for injured animals.A protocol needs to be developed and distributed to city,county,State,and Federal agencies that are likely to receive reports of injured animals that provides information on appropriate contacts who are qualified to diagnose and treat injured animals. Information from such cases should be collected and maintained by one agency so that a complete database is available for researchers and managers. E.SITE SPECIFIC RECOVERY TASKS. In this section, the recoveryactions described in section II.D are further identified as site specific recovery tasks.They are matched with the nine recovery regions listed under the recoverycriteria (Table 11).Site specific tasks for each of these areas are indicated in Table 12. 107 Table 11.Recovery criteriaregions. RECOVERY REGIONS 1.San Jacinto Mountains 2.Santa Rosa Mountains--North of State Highway 74 3.Santa Rosa Mountains--South of Highway 74 through Martinez Canyon 4. SantaRosa Mountains--South of Martinez Canyon to slopes west of Village Peak 5.Coyote Canyon--east and west sides 6.North San Ysidro Mountains--Henderson Canyon to County Road S-22 7.South San Ysidro Mountains--County Road S-22 to State Highway 78 8.Vallecito Mountains/Fish Creek Mountains 9.Carrizo Canyon/TierraBlanca Mountains/Coyote Mountains A/south of Interstate 8 108 Table 12.Site specific tasks recommended for each recovery region. Refer to the narrative outline (section II.D)for a complete description of recovery actions. Recovery Action (abbreviated) Recovery Region SR- N74 SY-S VM/ EC SJ —— x x SR- S74 — x SR- MCS a x CC — x SY- N ——— x x x CC/TB! CM — x1.1.1 Protectessentialhabitat 1.1.2 Secure habitat x x x x x x x x x 1.1.3.1 Remove exotic vegetation X X X X X X X X X 1.1.3.2 Reduce/eliminate wild horses x x 1.1.3.3 Implement fire management plan x x x x x x x x x 1.1.3.4 Maintain/provide water sources x x x x x x 1.1.3.5 Maintain/reestablish habitat connectivity x x x x x x x x x 1.2.1.1 Constmct fences (at urban interface)x x x 1.2.1.2 Avoid non-native vegetation x x x 1.2.1.3 Promote native plants, limit exotic plants x x x 1.2.1.4 Prohibit use of toxic plants x x x 1.2.1.5 Discourage use of exotic invasive plants x x x 1.2.1.6 Prohibit enticement onto private property x x x 1.2.1.7 Monitor use of pesticide,herbicides,etc.x x x 1.2.1.8 Regulate water diversion/procurement x x x x x x x x x 1.2.1.9 Prohibit artificial water sources (Culicoides)X X X 1.2.1.10 Discourage feeding coyotes x x x 1.2.1.11 Secure funds/methods to monitor x x x x x x x x x 1.2.2.1 Develop trails management program x x x x 1.2.2.2 Prohibit activities withnegative impacts x x x x x x x x x 1.2.2.3 Minimize livestock grazing impacts x x x 1.2.2.4 Prohibit domestic sheep grazing x x x x x x x x x 1.2.2.5 Fence neighboring cattle allotments x x x 1.2.2.6 Prohibit goats as pack animals x x x x x x x x x 1.2.2.7 Secure funds/methods tomonitor x x x x x x x x x Table 12.Continued. Recovery Action (abbreviated) Recovery Region SJ SR- N74 SR- 574 SR- MCS CC SY- N SY-S VM/ FC CC/TB! CM 1.3.1.1 Regulate fence construction and design x x x x x 1.3.1.2 Postlmonitor highway crossing areas x x x x x x 1.3.2 Reduce mortality due to natural causes x x x x x x 1.4 Develop reintro/augment.strategy x x X 2.1.1 Monitorabundance x x x x x x x x x 2.1.2 Monitordistribution x x x x x x x x x 2.1.3 Monitorrecruitnient x x x x x x x x x 2.1.4 Monitor survivorship/causes of mortality x x x x x x x x x 2.2 Developpopulation models x x x x x x x x x 2.3 Research bighom/lions/deer/habitat x x x x x x 2.4 Research impact of coyotes/bobcats x x x x x x x 2.5 Research methods to decrease predation x x x x x x 2.6 Research habitat use/dispersal x x x x x x x x x 2.7 Monitor human impacts x x x x x x x x 2.8 Research disease/prevention x x x x x x x x x 2.9 Research genetics x x x x x x x x x 3.1 Distributerecoveryinforniation x x x x x x x x x 3.2 Cont./update public education programs x x x x x x x x x 3.3 Develop new public education programs x x x x x x x x x 3.4 Distribute protocol for injured sheep treatment x x x x x x x x x SI:San Jacinto Mountains SR-N74:Santa Rosa Mountains -north of Highway 74 SR-574:Santa Rosa Mountains -south of highway 74 SR-MCS:Santa Rosa Mountains--South of Martinez Canyon CC:Coyote Canyon--east and west side SY-N: SY-S: North San Ysidro Mountains South San Ysidro Mountains VM/FC:Vallecito/Fish Creek Mountains CC/TB/CM:Carrizo Canyon/Tierra Blanca Mountains/Coyote Mountains III.IMPLEMENTATION SCHEDULE The ImplementationSchedule that follows outlines actions and estimated costs for the Peninsularbighorn sheep recovery program,as set forth in this recovery plan. It is a guide for meetingthe objectivesdiscussed in part II of this plan.This schedule indicates task priority,task numbers,task descriptions,duration of tasks, responsible agencies,and estimated costs.The agencies responsible for committing funds are not necessarily theentities that will carryout the tasks.The agency or agencies with leadresponsibility for each task are indicated in the table. Initiation of these actions is subject to the availability of funds. The Implementation Scheduleindicates speculative,future costs (preparation of additional plans,or research programs, etc.) as “to be determined”.Some costs appear as zerobecause indirect costs,such as those incurred by:(1) contributions of time and materials by agencies and other groups, and (2) administrative or regulatory costs by public agencies,arenot included in cost totals.Costs of continuous tasks are estimated assuming a25-year time to recovery.Though the Implementation Scheduledoes not distinguish between public and private costs, no identifiableor specific expenditures are likely to be needed by the private sector,other than voluntary efforts contributed by nonprofit organizations and citizen groups.Priorities (Column 1 of the following table)areassigned as follows: Priority I -An action that must be taken to prevent extinction or to prevent the species from declining irreversibly. Priority 2 -An action that must be taken to prevent a significant decline in species population/habitat quality or some othersignificant negative impact short of extinction. Priority 3 -All other actions necessary to provide for full recovery of the species. 111 Abbreviations used in the Implementation Schedule: To be determined Continuous Coachella ValleyMultiple SpeciesHabitat Conservation Plan, which includesparticipating cities,County of Riverside, and landowners Palm Springs,Cathedral City,Rancho Mirage,Palm Desert,Indian Wells,and La Quinta San Diego,Imperial,and Riverside Counties ACBCI BI BLM CALTRANS CDFG CDPR CVMVCD CVMC CVWD DoD FWS RWQCB RC RCFCWCD SDZS UCD USFS * Agua Caliente Band of Cahuilla Indians Bighorn Institute Bureau of Land Management CaliforniaDepartment of Transportation CaliforniaDepartment of Fish and Game CaliforniaDepartment of Parks and Recreation CoachellaValley Mosquito and Vector Control District Coachella ValleyMountains Conservancy CoachellaValleyWater District Department of Defense U.S.Fish and Wildlife Service Regional Water Quality Control Board Riverside County Riverside County Flood Control and Water Conservation District San Diego Zoological Society University of California -Davis U.S.Forest Service Lead Agency TBD cont. MSHCP Cities Counties AGENCIES AND ORGANIZATIONS 112 RECOVERY PLAN IMPLEMENTATION SCHEDULE FOR PENINSULAR BIGHORN SHEEP Responsible Agencies Cost (SI ,000s) jFYj F’i’ Priority — I Task Task Description Task Duration (Years) —____ cont.ACBCI*, BLM*, FWS*,CVMC*, MSHCP*, CDFG*,CDPR*, CVWD* Total Estimated Cost (SI ,OOOs) ~L2il22L2LIJL 0 0 0 0 0 0 FY FY FY I I I Protect essential habitat 1.1.2 Secure habitat cont.BLM*,CDFG*, CVMC*,CDPR*, MSHCP* 70,000 TBD TBD TBD TI3D TBD I 1 3 1 Remove exotic vegetation and prevent invasion by exotic plants cont.ACBCI*, BLM*, CDFG*,CDPR*, CVWD*, RCFCWCD* 250 10 10 10 10 10 1 1.1.3.2 Reduce/eliminate wild horses 5 ACBCI*,BLM*, CDPR* TBD TBD TBD TBD TBD TBD I 1.1.3.4 Maintain/provide water sources 5 13LM~,CDFG*, CDPR* 50 20 20 10 0 0 1 1.1.3.5 Maintain/re-establish habitat connectivity cont.BLM*,FWS*, CDFG*,CDPR*, Caltrans*,MSHCP* TBD TBD TBD TBD TBD TBD 1 1.2.1.1 Construct fences to exclude bighom sheep from urban areas 5 MSHCP*,CDFG,FWS 500 100 100 100 100 100 I 1.2.1.4 Prohibit use of toxic plants cont.MSHCP*0 0 0 0 0 0 I 1 2 1 8 Regulate water diversion/procurement cont.RWQCB*,CVWD*0 0 0 0 (1 0 RECOVERY PLAN IMPLEMENTATION SCHEDULE FOR PENINSULAR BIGHORN SHEEP Responsible Agencies Priority —I Task Task Description Task Duration (Years) —cont. Total Estimated Cost ($1,000’s) 1...............MSI~1CP*0 Cost (S 1,000’s) IFYI FY ..2L 02 03 I...~2LI2~————0 0 0 0 0 FY FY 02 FY 03III.2 I.Secure funding to implement measures I 1.2.2.1 Develop and implement a trails management program cont.RLM*,CDFG,USFS, FWS,MSHCP TBD TBD TBD TBD TBD TI3D I I 2 2 2 Prohibit fragmenting and interfering activities cont.BLM*,USFS*,FWS*, DoD*,CDFG*,CDPR* Counties*,Cities* TBD TBD TBD TBD TBD TBD I 1.2.2.3 Minimize livestock grazing impacts 5 BLM¶USFS*25 5 5 5 5 5 1.2.2.4 Prohibit grazing bydomestic sheep 5 BLM*,USFS*0 0 0 0 0 0 I 1.2.2.7 Secure funding to implement measures cont.BLM*,IJSFS*,FWS*,0 0 0 0 0 0 1.3.2 Reduce mortality due to natural causes cont.CDFG*,CDPR,FWS, BLM TBD TBD TI3D TBD TBD TBD I 2 11 Monitor abundance cont.CDFG*,CDPR,BLM, FWS,BI 323 11 15 11 15 11 I 2 I 2 Monitor distribution cont.CDFG*,CDPR,I3LM, FWS,BI 323 II 15 11 15 II I 2.1.3 Monitor recruitment cont.CDFG*,CDPR,BLM, FWS,RI 323 11 15 11 15 II I 2.1.4 Monitor survivorship and cause-specific mortality cont.CDFG*,CDPR,BLM, FWS,BE 125 5 5 5 5 5 2 1.1.3.3 Implement fire management plan 5 USFS*,BLM,CDFG, CDPR TBD TI3D TBD TBD TBD TBD 2 1.2.1.2 Avoid non-native vegetation cont.MSHCP*0 0 0 0 0 0 I;RECOVERY PLAN IMPLEMENTATION SCHEDULE FOR PENINSULAR BIGHORN SHEEP Priority Task — I 2 1 9 Task Description Task Duration (Years) — cont. Responsible Agencies Total Estimated Cost (SI,000’s) Cost (S 1,000’s) }FYj FY K2LL2L———— 0 0 0 0 0 FY[FY IFY Oil 02103 2 2 Prohibit (7ulicoides water sources MSHCP*0 2 1.2.2.5 Fence cattle allotments adjoining habitat 3 BLM*TBD TBD TBD TBD 0 0 2 1.2.2.6 Prohibit goats as pack animals cont.BLM*,USFS*, CDFG*,CDPR* 0 0 0 0 0 0 2 1.3.1.1 Regulate fence design/construction cont.BLM*,USFS*, MSHCP* 0 0 0 0 0 0 2 1.4 Develop captive breeding, reintroduction,augmentation strategy cont.BI,*CDFG,*FWS*TBD TBD TBD TBD TBD TBD 2 2.2 Develop population models 3 TBD 30 10 10 10 2 2.3 Research the relationships between bighorn,mountain lions,mule deer,and habitat characteristics 5 FWS,*CDFG,* CDPR*,SDZS*,UCD* 650 130 130 130 130 130 2 2.5 Investigate the efficacy of temporary suppression of natural predation 5 CDFG*,FWS,CDPR 150 30 30 30 30 30 2 2.6 Research habitat use/selection and dispersal behavior 10 TBD ISO 15 15 15 15 IS 2 2.7 Monitor the effects of human disturbance 3 CDFG*,BLM,CDPR, USFS,FWS TBD TBD TBD TBD 2 2.8 Research disease and preventive measures 3 TBD TBD TBD TBD TBD 2 2.9 Research genetics 3 TBD TBD TBD TBD TBD RECOVERY PLAN IMPLEMENTATION SCHEDULE FOR PENINSULAR BIGHORN SHEEP Priority Task Task Description Task Duration (Years) Responsible Agencies Total Estimated Cost ($l,OOO’s) Cost (51,000’s) —1~ FY FY FY FY FY 01J02j03j04J05 ————— 2 2 2 2 2 2 2 3.1 Distribute information on recovery efforts cont.FWS*,BLM,CDFG, BI,MSHCP,CDPR, USFS 5 50 2 3.2 Continue,update,and coordinate existing programs cont.FWS*,BLM,USFS, CDFG,BI,CDPR, MSHCP 50 2 2 2 2 2 2 3.3 Develop educational programs cont.FWS*,BLM,USFS, CDFG,MSHCP,CDPR, BI 50 2 2 2 2 2 3 1.2.1.3 Promote native plants cont.MSHCP*29 5 I I I I 3 1.2.1.5 Discourage use of exotic invasive plants cont.MSHCP*0 0 0 0 0 0 3 1.2.1.6 Prohibit enticement on private property cont.MSHCP*25 I I I I I 3 1.2.1.7 Monitor use of pesticide,herbicides 5 MSHCP*25 5 5 5 5 5 3 1.2.1.10 Discourage feeding coyotes cont.MSI~1CP*0 0 0 0 0 0 3 1.3.1.2 Post/monitor highway crossing areas cont.Caltrans*,BLM, CDPR,CDFG 25 TI3D TBD TBD TBD TBD 3 2.4 Investigate the relationships between bighorn,coyote,and bobcat 10 TBD 100 10 10 10 10 10 3 3 4 Injured sheep treatment protocol cont.CDFG*,FWS,I3LM, MSHCP 0 0 0 0 0 0 Total estimated cost of recovery:$73,253,000 + ON IV.LITERATURE CITED A.References Ak9akaya,H.R.and M.Burgman.1995.PVA in theory and practice. 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Pathologic changes and micro-organisms found in bighorn sheep during a stress-related die-off.J.WildI. Disease 20(4):319-327. Stanley Price,M.R.1991.A review of mammal re-introductions,and the role of the Re-introduction Specialist Group of HJCN/S SC.Beyond captive breeding: reintroducing endangered mammals to the wild.Symposia of theZoological Society of London 62:9-25. 141 Starfield,A.M.1997.A pragmatic approach to modeling for wildlife management. Journal of Wildlife Management 61(2):261-270. Starfield,A.M.and A.L.Bleloch.1991.Building models for conservation and wildlife management.2nd ed.Burgess International.Edina, Minnesota. 2S3pp. Steidl,R.J., J. P.Hayes,and E.Schauber.1997.Statistical power analysis in wildlife research. Journal of Wildlife Management 61:270-279. Stevens,D. R.and N.J.Goodson.1993.Assessing effects of removals for transplanting on a high elevation bighorn sheep population.Conservation Biology 7(4):908-9 15. Tevis,L.Jr.1959.Man’s effect on bighorn in the San Jacinto-Santa Rosa Mountains. Desert Bighorn Council Transaction 3:69-76. Tevis,L.Jr.1961.Battle to save the bighorn range in Santa Rosa Mountains of California. Desert Bighorn Council Transactions 5:103-107. Thorne,E.T.,R.E.Dean,and W.G.Hepworth.1976.Nutrition during gestation in relation to successful reproduction in elk.J.WildI.Manage.40:330- 335. Torres,S.G., V.C.Bleich, and J.D.Wehausen.1994.Status of bighorn sheep in California,1993.Desert Bighorn Council Transactions 38:17-28. Torres,S.G., T.M.Mansfield, J.E.Foley,T.Lupo,and A.Brinkhaus.1996. Mountain lion and human activity in California:testing speculations. Wildlife Society Bulletin 24(3):451-460. Turner, J.C.1973.Water energy and electrolytic balance in thedesert bighorn sheep (Ovis canadensis cremnobates Elliot).PhD dissertation.University of California, Riverside.lSOpp. 142 Turner, J.C.1976.Bighorns.In I.P. Ting and B.Jennings,eds., Deep Canyon, a desert wilderness for science.Philip L.Boyd Deep Canyon Desert Research Center,University of California,Riverside,CA.Pp.167-173. Turner,J.C.1978.Chlorinated hydrocarbon residues in perianal fat of desert bighorn sheep.Bulletin of Environmental Contamination and Toxicology:23-3 1. Turner, J.C.and C.G.Hansen.1980.Reproduction.Pages 145-15 1 in The desert bighorn:its life history,ecology,and management.G.Monson and L.Sumner,eds.University of Arizona Press,Tucson.Y7Opp. Turner,J.C.and R. A.Weaver.1980.Water.Pages 100-112 in The desert bighorn:its life history,ecology,and management.G.Monson and L. Sumner,eds. University of Arizona Press,Tucson.370pp. Turner, J.C.and J.B.Payson.1982.The occurrence of selected infectious diseases in the desert bighorn sheep,Ovis canadensis cremnobates,of the Santa Rosa Mountains, California. California Fish and Game 68(4):235- 243. U.S.Fish and Wildlife Service.1992.Endangered and Threatened Wildlife and Plants; Proposed rule to list the Peninsular Ranges population of the desert bighorn sheep as endangered.Federal Register 5 7(90):19837-19843. Uhazy,L.S.and J.C.Holmes.1973.Lungworms in the Rocky Mountain bighorn sheep of western Canada.Canadian Journal of Zoology 5 1:817-824. Van Soest,P.J.1982.Nutritional ecology of the ruminant.0 &B Books Inc., Corvallis,Oreg.374pp. Wagner,G. D.1999.Activity patterns of Rocky Mountainbighorn ewes in central Idaho.Trans. Second North American Wild Sheep Conf.;Reno, Nev.2:103-121. 143 Wagner,G. D.2000.Diet selection,activity patterns,and bioenergetics of bighorn ewes in central Idaho.Ph.D.Thesis,Univ.of Idaho,Moscow. 165 pp. Wakelyn,L.A.1987.Changinghabitat conditions on bighorn sheep ranges in Colorado.Journal of Wildlife Management 5 1:904-912. Walsh,P.D.1995.PVA in theory and practice.Conservation Biology 9(4):704- 705. Weaver,R. A.1959.Effects of wild burros on desert water supplies.Desert Bighorn Council Transactions 3:1-3. Weaver,R. A.1972.Conclusions of thebighorn investigation in California. Desert Bighorn Council Transactions 16:56-65. Weaver,R. A.1973.Burro vs.bighorn.Desert Bighorn Council Transactions 17:90-97. Weaver,R. A.1975.Status of the bighorn sheep in California. Pages 5 8-64 in The Wild Sheep in Modern America.J.B.Trefethen,ed.Boone and Crockett Club.Alexandria, Virginia. Weaver,R. A.1989.Status of bighorn sheep in California,1988.Desert Bighorn Council Transactions 33:11-12. Weaver,R.A.,J.L.Mensch,and W.V.Fait.1968.A survey of the California desert bighorn (Ovis canadensis)in San Diego County.California Department of Fish and Game.PR Project W-5 l-R-14.26pp. Weaver,R. A.and J.L.Mensch.1970.Bighorn sheep in southern Riverside County.CaliforniaDepartment of Fish and Game,Wildlife Management Administration Report No.70-5.L36pp. 144 Wehausen, J.D.1979.Sierra Nevadabighorn sheep:an analysis of management alternatives.Coop.Admin. Report,Inyo Nat.For.,Sequoia Nat.Park, Kings Canyon Nat.Park,and Yosemite Nat.Park.92pp. Wehausen, J.D.1980.Sierra Nevadabighorn sheep:history and population ecology.PhD dissertation.Univ.Michigan.243pp. Wehausen,J.D.1983.White Mountain bighorn sheep:an analysis of current knowledge and management alternatives.U.S.For.Serv.Adm..Rep., Inyo Nat.Forest Contract No.53-9JC9-0-32. Wehausen, J.D.1991.Some potentially adaptive characters of mountain sheep populations in the Owens Valley Region.Pages 1-12 in C. A.Hall, Jr.,V. Doyle-Jones,and B.Widawski,eds.White Mountain Res.Symp 3. Wehausen, J.D.1992.Demographic studies of mountain sheep in theMojave Desert:Report IV.Unpublished report.California Department of Fish and Game, Bishop,California. Wehausen, J.D.1996.Effects of mountain lion predation on bighorn sheep in the SierraNevada and Granite Mountains of California.Wildlife Society Bulletin 24(3):47 1-47. Wehausen,J.D.1999.Rapid extinction of mountain sheep populations revisited. Conservation Biology I 3(2):378-384. Wehausen,J.D.,V. C.Bleich,B.Blong,and T.L.Russi.1987.Recruitment dynamics in a southern Californiamountain sheep population. Journal of Wildlife Management 51:86-98. Wehausen,J.D.and R.R.Ramey II.1993.A morphometric reevaluation ofthe Peninsular bighorn subspecies.Desert Bighorn Council Transactions 37:1-10. 145 Whitacker,D.and R.L.Knight.1998.Understanding wildlife responses to humans.Wildlife Society Bulletin 26:312-317. TheWildlife Society.1995.Journal news.Journal of Wildlife Management 59:196-198. Wilson,L.0.,J. Blaisdell,G.Walsh,R.Weaver,R.Brigham,W.Kelly, J. Yoakum,M.Hinks, J.Turner,and J.DeForge.1980.Desert bighorn habitat requirements and management recommendations.Desert bighorn Council Transactions 24:3-7. Wilson,D.E.and D.M. Reeder, eds.1993.Mammal species of the world: a taxonomic and geographic reference,2nd edition.Smithsonian Institution Press.Pp.408-409. Wootton,J.T.and D.A.Bell.1992.Ametapopulation model of the Peregrine falcon in California:viability and management strategies.Ecological Applications 2(3):307-321. B.Personal Communications Bleich,V. C.CaliforniaDepartment of Fish and Game, Bishop,Calif. Boyce,W.M.University of California,Davis,Calif. Correll,T.The Living Desert Museum,Palm Desert,Calif. DeForge,J.R.Bighorn Institute,Palm Desert,Calif. Jorgensen,M.C.California State Parks,Colorado Desert Dist.,Borrego Springs. Calif. Krausman,P.R.University of Arizona,Tucson,Arizona 146 Rubin,E.S.University of California, Davis,Calif. Weaver,R.A.California Department of Fish and Game,retired Wehausen,J.D.University of California,White Mountain Research Station, Bishop,California C.In Lift.References DeForge,J.R.1997.Letterto Gavin Wright, Bureau of LandManagement, North Palm Springs,California.Oct.22,1997.Bighorn Institute,Palm Desert Calif.2pp. Jessup,D. A.1999.Letter to Sheryl Barrett,U.S.Fish and Wildlife Service, Carlsbad,Calif.Aug.28,1999.Calif.Dept.of Fish and Game, Santa Cruz.2pp. Jessup,D. A.2000.Letterto Scott McCarthy,U.S.Fish and Wildlife Service, Carlsbad,Calif.June 23,2000. Calif. Dept.of Fish and Game,Santa Cruz.Ip. Krausman,P.R.1998.E-mail to Esther Rubin.Oct.19,1998.Univ.of Arizona,Tucson.ip. 147 V.APPENDICES APPENDIX A.AN OVERVIEW OF THE PENINSULAR RANGES ThePeninsular Ranges are located in southern California and Mexico,in the ColoradoDesert division of the Sonoran Desert (Ryan 1968).On the north,the Peninsular Ranges arebordered by the Transverse Ranges.From this point, they extend south into Mexico,forming the backbone of Baja California.In California,the ranges form a prominent natural province (Sharp 1976)that is bounded on theeastby the Salton Trough.To thewest, the province extends to the Pacific Ocean,as a 130-kilometer-wide (80-mile-wide)series of northwesterly trending basins and ranges.The basins form channels below sea level and the ranges form the islands of San Nicolas, SantaBarbara, Santa Catalina,and San Clemente. Thehighest peak in the San Jacinto Mountains is the3,292-meter (10,800-foot) high San Jacinto Peak.Toro Peak,at 2,655 meters (8,700 feet),is thehighest peak in the SantaRosa Mountains (Oakeshott 1978).The Salton Sea,located to the east of thePeninsular Ranges,is found in the largest land mass below sea level in the Western Hemisphere (Ting and Jennings 1976).Historically,the Salton Sea has alternated between a freshwater lake fed with waters from the Colorado River,and a dying brackishpond when the waters of the Colorado River flowed instead to the Gulf of Mexico.When filled,the Salton Sea lapped at the foothills of theSanta Rosa Mountains.Since approximately 1907,however,the sea has been an increasinglysaltydepository for agricultural wastes of the Coachella and Imperial Valleys (Ting and Jennings 1976). Bighorn sheep inhabit the eastern slopes of the Peninsular Ranges in habitat characterized by steep slopes and cliffs,canyons,washes,and alluvial fans. The remainder of this appendix will, therefore, provide an overview of theeastern slopes of the Peninsular Ranges. Within bighorn sheep habitat,annual rainfall is variable with maxima of 35 to 470 millimeters (1.3 to 18.5 inches)during thepast 36 years (National Oceanic and 148 Atmospheric Administration,1962 to 1997).Rainfall exhibits a bimodal distribution pattern with most (approximately 70 percent)occurring in the winter months and a lesser amount in the late summer months.Winter rains are of the Pacific marine type,characterized by steady long rain showers,which promote the spring peak in plant productivity.Summer showers are of the Gulf marine type, which result in localized and sometimes fierce thunderstorms (Lindsay and Lindsay 1991).Maximum temperature in bighorn sheep habitat oftenreaches 46 degrees Celsius (115 degrees Fahrenheit)in summer,while winters are mild,with temperatures occasionally reaching freezing (National Oceanic and Atmospheric Administration,1962 to 1997). Onthe eastern slopes of the Peninsular ranges,vegetation associations are coniferous forest,primarily ponderosa pine (Pinus ponderosa),Jeffrey pine (Pin us jeffreyi),Coulter pine (Pinus coulteri),and white fir (Abies concolor)above approximately 1,800 meters (5,905 feet),chaparral above approximately 1,500 meters (4,920 feet),and pinyon pine (P.monophylla)-juniper (Jun iperus cal~fornica)above approximately 1,200 meters(3940 feet).Lower elevations are dominated by agave (Agave deserti),ocotillo (Fouquieria splendens),cholla (Opuntia spp.) and palo verde (Cercidiumfioridurn),creosote (Larrea tridentata), palo verde-mesquite (Prosopis spp.) associations (Ryan 1968).Bighorn sheep typically are found at elevations less than 1,400 meters (4,600 feet) (Jorgensen and Turner 1975),usually stayingat elevations below the chaparral and pinyon pine-juniper vegetation associations.These associations canrepresent visual obstruction because of denser and taller structures,and therefore make bighorn sheep more susceptible to predation (refer to section I.B.I and I.B.2). The Peninsular Ranges are inhabited by a large number of mammalian species (reviewed by Ryan 1968).The only native sympatric ungulate is themule deer (Odocoileus hernionus).Bighorn sheep and deer distributions overlap at the upper elevations of bighorn sheep habitat, with possible geographic and seasonal differences in the degree of overlap. Deer are observed more frequently at lower elevations during the winter months.Potential native predators of bighorn sheep aremountain lions (Puma con co1or~,bobcats ~Lvnxrufus),coyotes (C’anis latrans),and golden eagles (Aquila chrvsaetos).These species are found throughout bighorn sheep habitat in the Peninsular Ranges. 149 References Bolton,H.E.1930.Anza’s California expeditions.Vol.IV.Fonts complete diary of the second Anza expedition. University of California Press, Berkeley.SS2pp. Brigandi,P. 1995.The livestock industry on the Anza-Borrego desert.A report for the Anza-Borrego Desert State Park. Contract No.C4532007. Cunningham,S.C.and R.D.Ohmart.1986.Aspects of the ecology of desert bighorn sheep in Carrizo Canyon, California.Desert Bighom Council Transactions 30:14-19. Jorgensen,M.C.and R.E.Turner.1975.Desert bighorn of the Anza-Borrego Desert State Park.Desert Bighorn Council Transactions 19:51-53. Lindsay,L.and D.Lindsay.1991.The Anza-Borrego Desert Region.Third Edition.Wilderness Press,Berkeley, California.l’79pp. National Oceanic and Atmospheric Administration.1962-1997.Climatological data:California. National Climate DataCenter, Asheville, North Carolina. Oakeshott,G.B.1978.California’s changing landscape:a guide to the geology of the state.McGraw-Hill,New York,New York.1379pp. Reed,L.1986.Old Time Cattlemen and Other Pioneers of the Anza-Borrego Area. Third Edition.Anza-Borrego Desert Natural History Association, Borrego Springs,California.l4.6pp. Ryan,R.M.1968.Mammals of Deep Canyon.TheDesert Museum,Palm Springs,California. Sharp,R.P. 1976.A field guide to southern California. Kendall/Hunt Publishing Company,Dubuque,Iowa.L3Olpp. 151 References Bolton,H.E.1930.Anza’s California expeditions.Vol.IV.Fonts complete diary of the second Anza expedition. University of California Press, Berkeley.SS2pp. Brigandi,P.1995.The livestock industry on the Anza-Borrego desert.A report for the Anza-Borrego Desert State Park.Contract No.C4532007. Cunningham,S.C.and R.D.Obmart.1986.Aspects of the ecology of desert bighorn sheep in Carrizo Canyon, California.Desert Bighorn Council Transactions 30:14-19. Jorgensen,M.C.and R.E.Turner.1975.Desert bighorn of the Anza-Borrego Desert State Park.Desert Bighorn Council Transactions 19:51-53. Lindsay,L.and D.Lindsay.1991.The Anza-Borrego Desert Region.Third Edition.Wilderness Press,Berkeley, California.l79pp. National Oceanic and Atmospheric Administration.1962-1997.Climatological data:California. National Climate DataCenter, Asheville, North Carolina. Oakeshott,G.B.1978.California’s changing landscape:a guide to the geology of the state.McGraw-Hill,New York,New York.Y79pp. Reed,L.1986.Old Time Cattlemen and Other Pioneers of the Anza-Borrego Area.Third Edition.Anza-Borrego Desert Natural History Association, Borrego Springs,California.l4eSpp. Ryan,R.M.1968.Mammals of Deep Canyon.The Desert Museum,Palm Springs,California. Sharp,R.P. 1976.A field guide to southern California.Kendall/Hunt Publishing Company,Dubuque,Iowa.3Olpp. 151 Ting,I.P.and B.Jennings.1976.Deep Canyon’s past.Pages 1-6 in Deep Canyon,a desert wilderness for science.I.P.Ting and B.Jennings,eds. University of California,Riverside.177pp. Turner, J.C.1976.Bighorns.Pages 167-173 in Deep Canyon,a desert wilderness for science.I.P.Ting and B.Jennings,eds.Univ.of California, Riverside. lT7pp. 152 APPENDIX B.DELINEATION OF ESSENTIAL HABITAT FOR BIGHORN SHEEP IN THE PENINSULAR RANGES Intended use of the map(Figures 2,4-9) A number of habitatmodels havebeen developed to rate bighorn sheep habitat (e.g.,Hansen 198Gb,Holl 1982,Armentrout and Brigham 1988,Cunningham 1989,Dunn 1996)and components of bighorn sheep habitat have been examined or discussed by numerous researchers (e.g.,Hansen 1980a,McCarty and Bailey 1994).It has been suggested that some of these modelsbe used to rate bighorn habitat in the Peninsular Ranges.However,application of these models here is inappropriate because theywere developed in other areas and life zones where bighorn sheep exhibit different habitat requirements.For example,the Hansen model hasbeen shown to be of limited value in measuring habitat quality in areas outside the habitats in which itwas derived (Andrew and Bleich 1999)and is no longerused by the CaliforniaDepartment of Fish and Game (S.Torres,California Department of Fishand Game, pers.comm.).Cunningham (1989) suggested that such habitat modelsneed to be modified before being applied to novel bighorn sheep habitat. The purpose of mapping bighorn sheep habitat in this recoveryplan is not to rate the relative value of habitat types and areas within the Peninsular Ranges,but to identifythose lands in need of protection,restoration,and management that are essential to bighorn sheep recovery (refer to section I1.D.1).Rating the quality of sheep habitat would require a more thorough understanding of habitat selection versus habitat availability;studies that address this topic in the Peninsular Ranges havenot been conducted to date but are recommended under section II.D.2.6. Though bighorn sheep habitat sometimes canbe describedby its function (e.g., habitat for escape or lambing),Wilson et al.(1980)and Bleich et al.(1996) concluded that all habitat types used by bighorn sheep in desertenvironments are necessary fortheir population viability.TheSanta Rosa Mountains Wildlife Habitat Management Plan (Bureau of Land Management 1980),a long-standing plan developed and implemented under the Sikes Act (16 USC 670a et seq., Public Law 86-797)also recognized this,stating “(e)ach acre of bighorn habitat is important in maintaining thepresent population”. 153 The purpose of this mapping effort is to delineate those areasbelieved to be necessaryfor a self-sustaining bighorn population with a high probability for long- term survival and recovery in thePeninsular Ranges of the UnitedStates. “Essential habitat”,therefore,consists ofthose areas that provide bighorn sheep with the various physical and biological resources (e.g.,space,food,water,cover) potentially needed for:(1)individual/population growth and movement,and (2) normal behavior with protection from disturbance. Essential habitat should be protected from further loss or degradation (refer to section II.D.1.1).The valley floor to the eastand the north of the Peninsular Ranges (e.g.,Coachella Valley, Imperial Valley) likelywas used historically by bighorn sheep during rare,long- distance moves to and from othermountain ranges.However,no suchmoves have been documented. Furthermore,the chance of such moves has essentially been eliminatedby high density urban development, major freeways,fences,and canals.Consequently,the vast majority of the valley floor to the east of the Peninsular Ranges is not included as essential habitat and is now detrimental to future use by sheep. Approach used The delineation of essential habitatwas based on physical and biological features known to be important to bighorn sheep.These features were identified by reviewing pertinent literature and by drawing on thecollective knowledge and experience of theRecovery Team and other biologists whohave studiedbighorn sheep in the Peninsular Ranges.The knowledge of such biologists played an important role in the mapping exercise because Peninsular bighorn sheep occupy a habitat that has marked climate and vegetational differences compared to habitat of most otherbighorn sheep populations.The Peninsular Ranges arelocated in the Colorado Desert,a division of the Sonoran Desert,which experiences different precipitation patterns(timing and intensity of rainfall)than the Mojave or other Sonorandeserts and contains a somewhat different flora (Jaeger 1957, MacMahon 1985).These differences appear to cause Peninsularbighorn sheep to use habitat differentlythan bighorn sheep in other areas.For example,dense vegetation at higher elevations of the Peninsular Ranges restricts bighorn sheep to the more open desert slopes at lower elevations.For this reason,researchers familiar with bighorn sheep in the Peninsular Ranges have referred to these 154 mountains as the“upside-down mountain ranges”(R.Weaver,California Department of Fish and Game retired,pers. comm.).Therefore,published information regardinghabitat use patterns of bighorn sheep,in general,was supplemented with knowledge regarding habitat use patterns of Peninsular bighorn sheep,to identify habitat features that determine the distribution of bighorn sheep in these ranges. Delineation of essential habitat is not based solely on known use patterns because: (1)population numbers currently are low and small populations use less habitat than larger populations,such as will be needed for recovery;(2) bighorn sheep are difficult to detect; (3)use patterns are only known for a recent short time period; (4) telemetry data on radio-collared animals (a sampled subset of the entire population) represents only the areaused by marked animals,not the entire herd; and (5)habitat loss and human disturbance likely inhibits use of some lower elevation habitat. However, the delineated habitat boundarieswere reviewedby Recovery Team biologists studying bighorn sheep in the Peninsular Ranges to verifythat the mapped habitat encompassed most areas known to be usedby animals currently or in the recent (25 to 30-year)past.However,numerous documented locations of sheep fell outsidethe essential habitat boundaries (Figure 6). The resulting map also was compared against a previous modeling effort (Bureau of LandManagement 1980)as part of the validation and refinement process (see below). Choice of habitat components Habitat requirements have been examined by numerous researchers in the past (e.g.,Cunningham 1989,McCartyand Bailey 1994).Topographic cover,water, and forage appear to be the most consistently recognizedhabitat requirements, although other components such asmineral availability,thermal cover,as well as absence of competition with otherungulates and disturbance from human activities also havebeen suggested to be important (Cunningham 1989,McCarty and Bailey 1994). Because these habitat components and characteristics largely determine how bighorn sheep use their habitat in the Peninsular Ranges,information available on 155 these potential model parameters were compiled for analysis.Data that are available consisted of:(1) a fairlycomprehensive inventory of water sources for Anza-Borrego Desert State Park, (2) a water source surveyby the Bureau of Land Management for the northern parts of therange, (3)vegetation community maps, and (4)topographic relief. In desert environments,water is a known limiting factor for many species of plants and wildlife.However,some populations of bighorn sheep are known to exist in areas without sources of perennial water (summarized in Broyles 1995),as is known to be the case in parts of the Peninsular Ranges for at least some parts of the year(refer to section lB.1).In the Peninsular Ranges, the presence of perennial water is known to be a limiting factor only during prolonged droughts or summers without significant thunderstorm activity.However, given the numerous dependable water sources in the San Jacinto Mountains and other portions of the range (e.g.central Santa Rosa Mountains), water likely does not limit sheep distribution in these regions,evenunder drought conditions.The variable quality and lack of reliable water source data in some portions of the Peninsular Ranges, and the fact that water availability does not limit habitat use in much of these ranges,resulted in thedecision to not use water sources to delineate bighorn sheep habitat.Available observational records (Figure 6) indicate that sheep range at least 16 kilometers (10 miles)from known perennial water sources. Given the existing distribution of water,sheep are capable of using, and therefore can be expected to use,all areasmapped as essential habitat. Generalized plant community mapping has been completed within bighorn habitat throughout Riverside County,and detailed mapping has been completed in Anza- Borrego Desert State Park. However, bighorn sheep are generalist foragers and plants known to be eaten arebroadlydistributed acrosshabitat types in the Peninsular Ranges.Extreme topographic relief provides a diversity of interdigitatedhabitats and plant communities across the mountainous slopes, canyons,washes,and alluvial fans within the home range of each ewe group. Consequently,the distribution of forageplants does not appear to limit sheep distribution,though it can influence seasonal habitat use patterns. 156 Theprimary habitat components that limit thedistribution of bighorn sheep in the PeninsularRanges maybe those associated with predator evasion.Unobstructed visibility is recognized as an important habitat characteristic by many researchers (e.g.,Geist 1971,Risenhoover and Bailey 1985,Fairbanks et at.1987,Etchberger et at.1989).Bighorn sheep rely on their keen vision and climbing ability to detect and evade their predators (Geist 1971).Thepresence of escape terrain and an unobstructed view are,therefore, key habitat requirements(Geist 1971). All bighorn sheep habitatmodels recognizeescape terrain asa key habitat component.However, the definition of “escape terrain” varieswidely (McCarty and Bailey 1994).Some researchers defined itby a minimum slope (e.g.,Andrew et at.1999,Dunn 1996)or slope plus a qualitative measure of ruggedness (e.g., Holl 1982,Risenhooverand Bailey 1985,Armentrout and Brigham 1988),while others havedescribed escapeterrain with word models that incorporate a qualitativedescription of slope and ruggedness (e.g.,Hansen 1 980b,Elenowitz 1983,Gionfriddo and Krausman 1986,Fairbanks et at.1987,Cunningham 1989). Thedifficulty in determining a universal definitionmay be because bighorn sheep in different mountain ranges have access to different habitat (in terms of slope and ruggedness),and/or because use of escape terrain varies with group size (Risenhoover and Bailey 1985),group composition,and season (Cunningham and Ohmart 1986,Bleich et a!.1997).Furthermore, escape terrain has been described ashabitat used “for escape from perceived danger”(Van Dyke et at.1983).This definition recognizes that escape terrain is based on a bighorn sheep’s perception, something that apparently differs among individuals and populations. Desert bighorn sheep frequently have been found at slopes of 21 to 50 percent (Elenowitz 1983), slopes greater than or equal to 20 percent (Andrew et at.1999),and slopes averaging 13 to 34 percent (Bleich et at.1997).A minimum slope of 20 percent wasused (in combination with canopy cover)to definebighorn sheep habitat in NewMexico (Dunn 1996).A slope of greater than or equal to 20 percent was adopted asthe minimum required as escape terrain forbighorn sheep in the Peninsular Ranges.The first step of the habitat mapping process was,therefore, to identify all patches of land having a slope of greater than orequal to 20 percent (see following methods). 157 Bighorn sheep areclosely associated with mountainous habitat and often are hesitant to venture far from escapeterrain (Geist 1971).Although they have been documented to move great distances from escape terrain on rare occasions (Schwartz et at.1986),it is not uncommon to observe animals moving a short distance from escape terrain in search of forage or water sources,or moving between neighboring mountain masses. Washes and alluvial fans often support a higher diversity,quality,and quantity of forage species than less productive rocky slopes (Leslie and Douglas 1979),seasonal and perennial watersources (Wilson et al.1980,Holland and Keil 1989),bedding and thermal cover (Andrew 1994), alternative forage sources in times of drought,resource scarcity,and stress (Leslie and Douglas 1979,Bleich et a!.1997),and a source of forage with higher nutritional value during thelambing and rearing season (Hansen and Deming 1980).Also refer to section I.B.1.Since temperature varies inversely with elevation, the earliest winter forage growthoccurs at lower elevations (Wehausen 1980,1983),and sheep often seek this early source of nutrients.The critical importance to bighorn of access to a variety of feeding habitats was demonstrated in the Whipple Mountains when reintroduced sheep were confinedto an enclosure containingwhat was consideredample forage.At lambing time,both ewes and theirnew lambs began dying of malnutrition (Berbach 1987),apparently because theywere not free to seek out habitats containing more nutritious forage. Researchers have documentedanimals ranging at a variety of distances from mountainous terrain,e.g.,1.6 kilometers (0.80 mile)(Denniston 1965),0.8 kilometer (0.50 mile)(MeQuivey 1978),1.3 kilometers (0.70 mile)(Leslie and Douglas 1979),greater than 1 kilometer (1.6 miles)(Burger 1985),greater than 1.6 kilometers (1 mile)(Bleich eta!.1992),and greater than 2.5 kilometers (1.6 miles)(Andrew eta!.1997).Jones et at.(1957) reported bighorn sheep foraging as far as 2 kilometers (1.2 miles)from thebase of the SantaRosa Mountains. Elsewhere in thePeninsular Ranges,bighorn sheep were frequently observed within 0.8 kilometer (0.5 mile)from mountainous habitat feeding in or moving across washes and alluvial fans (DeForge and Scott 1982;E.Rubin and M. Jorgensen, pers. comm.).Accordingly,the second step of the mapping process was to include habitat within 0.8 kilometers (0.50 mile)of slopes greater than or equal to 20 percent. 158 To identify slopes of 20 percent or greater,7.5’digital elevation models (DEMs) were merged together over the entire study area. These digital elevation models are 30-meter by 30-meter (98-foot by 98-foot)cell grids with avertical accuracy of 7 meters (23 feet).All grid cellswere then aggregated intoslope classes.Next, the slope classes were analyzed to select habitat within 0.8 kilometer (0.5 mile)of slopes of greater than or equal to 20 percent.This selectionwas accomplishedby first lumping slopes greater than or equal to 20 percent into one class in a derivative grid.A buffer of 0.8 kilometer (0.5 mile) wasthen applied to the perimeter of all areas of slope in the derivative grid. Inthe Peninsular Ranges,bighorn sheep habitat is delimited atupper boundaries by dense vegetation associations (primarily chaparral)that reduce visibility and likely increase susceptibility to mountain lionpredation. Measuring visibility (by actual field measurements)to delineate theupper boundary of habitat would require study because it is currently not known what visibility threshold is acceptable to bighorn sheep in the Peninsular Ranges.Fire frequencyand its effect on plant succession changes visibilitythresholds over time (refer to section I.D).Therefore, to determinethe upper boundary of bighorn sheep habitat, the westernmost areas used by bighorn sheep withinthe past 25 to 30 years were identified and the vegetation associations in these areas were applied rangewide where detailed vegetation analyses were available.Because a detailed vegetation map was not available rangewide, a team of biologists experienced with Peninsular bighorn sheep flew the entire upper/western boundary line in a helicopter and visually assessed vegetation associations.The path of the flight was determined by consensus among the biologists and was recorded via a Global Positioning System (GPS).The antenna of a Trimble Navigation,LTD.,Global Positioning System was mounted in the helicopter and position data were recorded every 10 seconds. A total of 228 kilometers (142 miles)were flown.A base station Global Positioning System,located in the Anza-Borrego Desert State Park, was run during the entire flight.Trimble Navigation Pathfinder Office software was used to post process the collected GlobalPositioning System data using base station information.Trimble Navigation Pathfinder Office (IM) was then used to exportthe data as an ESRI NRC/INFO Geographic Information Systems (GIS)readable file.Only corrected data were used to build theresulting Geographic Information System layer.Because this line is dynamic in response to 159 fire frequency and likely has shifted to a lower elevation with the advent of fire suppression, a 0.8 kilometer (0.5 mile) extension was added to the west side of this line. The resulting line in Anza-Borrego Desert State Park waschecked against detailed Geographic Information System mapping of vegetation associations within the park (Keeler-Wolf et at.1998).Vegetation associations not typically used by bighorn sheep in the Peninsular Ranges were excluded from essential habitat. These associations primarily included Muller’s oak (Quercus cornelius-rn utteri), sugarbush (Rh us ovata),chamise (Adenostomafascicutatum),and manzanita (Arctostaphvlos spp.)associations. Associations encompassed within bighorn sheep habitat included brittlebush (Encetiafarinosa),desert lavender (Hyptis emo,yi),cholla (Opuntia spp.),burro-weed (Ambrosia dumosa)and creosote (Larrea tridentata),and other creosote associations.The resulting line supported the habitat boundary that was derived during the helicopter flight alongthe western margin of current bighorn sheep habitat. To validate the choice of greater than or equal to 20 percent slope and 0.8 kilometer (0.5 mile) distance from this slope as model parameters,Recovery Team members experienced with Peninsularbighorn sheep flew theeasternmost line of bighorn sheep habitat in a northern portion of the range (San Jacinto Mountains and SantaRosa Mountains).The path of this flight was determined by consensus among the team members, based on their observations of bighorn sheep in these ranges,and was believed to represent the low elevation (easternmost) boundary of habitat commonly used by Peninsularbighorn sheep.The path of this flight,which was recorded via Global Positioning System,supported the choice of the greater than or equal to 20 percent slope plus 0.8 kilometer (0.5 mile)distance from this slope as the eastern,lower elevation habitat boundary. The resulting habitat boundarieswere reviewed by RecoveryTeam members who have studiedbighorn sheep in the Peninsular Ranges to verify whether those areas known to be used by sheep in therecent past (within the past 25 to 30 years)were included within the modeled habitat boundaries.This reviewincluded a comparison of bighorn sheep sighting locations againstthe map and verified that 160 most areas used by sheep within the past 25 to 30 years were included within the modeled habitat boundaries (Figure 6). Mapping Refinement Upon furtherreview by Recovery Team members, it wasdetermined that the modeled habitat included a habitat type not likely to be used by Peninsular bighorn sheep.This habitat type,classified as mud hills (Augustine and Ward 1995)was found in the Borrego Badlands and Camzo Badlands of Anza-Borrego Desert State Park. Much ofthis soil type was removed from the delineated map because it did not correspond with knownbighorn sheep habitat usepatterns. Conversely, the preliminaryhabitatboundaries excluded several small islands of “nonhabitat” (defined by themodeling of slope and distance from slope).Because Recovery Team members familiar with the areas considered theseislands to be bighorn sheep habitat on the basis of known sightings in nearbyor comparable areas,these islands were included in delineated habitat. A small number of known observations fell outside the delineated boundaries at lower elevations on relatively flat terrain,such as ClarkDry Lake and Coyote Canyon.These observations support previouslypublished reports of bighorn sheep occasionally moving away from mountainous areas.However, the relative rarity of records beyond the 0.8 kilometer (0.5 mile)distance from slope was judged to indicate that suchhabitat was not essential to population recovery if the habitat delineated within the 0.8 kilometer (0.5mile)distance from slope were protected. In other areas,the oppositeprocess was required to minimize the habitat edge to area ratio consistent with sound tenets of resource management and preserve design. Along some segments,the 0.8 kilometer (0.5 mile) distance from slope was expanded slightly to capture “nonhabitat”areas that would have represented deep but narrow intrusions into an otherwise stable and manageable essential habitat boundary. Further modifications were deemed necessaryalong the urban interface in the Coachella Valley. The 0.8 kilometer (0.5 mile) distance from slope largely has been lost to urban development.Much of the remaining valley floor and alluvial habitat within the 0.8 kilometer (0.5 mile)distance is highly fragmented and 161 degraded with marginal or detrimental value to bighorn conservation (e.g.,vacant lots along Highway 111,parcels bordered on three sides by urban development). A series of meetings with affected jurisdictions and major land ownerswas convened under the auspices of the Coachella Valleymultiple-species planning effort to discuss and refine the delineation of essential habitat along theurban interface.Lands without long-term conservation value were excluded from essential habitat (Figures 7,8,9). The larger fragments that still remain were included within essential habitat where they were contiguous with mountain slope habitat and of a configuration amenable to effective management.Subject to implementation of required conservation measures,theessential habitat boundary does not include development projects previously reviewed and approved by us. Finally,pursuant to Secretarial Order 3206 June 5,1997,we have entered into government to government discussions with the various American Indian tribes that possess lands in bighorn sheep habitat. Wecoordinated with the tribes to encourage their participation in delineating essential habitat and developing the Peninsular bighorn sheep RecoveryPlan in a waythat promotes recovery of the species and minimizes the social,cultural,and economic impacts on tribal communities.We worked with and supported the efforts of the Torres-Martinez Desert Cahuilla Indians to obtain data on the value of Reservation lands to bighorn sheep conservation but the Tribe has not agreed that sufficient information is available to demonstrate that their lands are essential to recovery. Based on coordination with theMorongo Band of Mission Indians,tribal lands within the essential habitat boundary willbe included for sheep conservation.The Agua Caliente Band of Cahuilla Indians has coordinated with us in the delineation and have agreed that a reservation-wide habitat conservation planning effort will determine appropriate land management issues at a finer scalewithin the essential habitat boundary. References Andrew,N. G.1994.Demographyand habitat use by desert-dwellingmountain sheep in the East Chocolate Mountains,Imperial county,California.M.S. thesis,University of Rhode Island,Kingston.i35pp. 162 Andrew,N. G.,V. C.Bleich,P.V.August,and S.G.Torres.1997.Demography of mountain sheep in the East Chocolate Mountains,California. California Fish and Game 83(2):68-77. Andrew,N.G.and V. C.Bleich.1999.Habitat selection by mountain sheep in the Sonoran desert:Implications for conservation in the United States and Mexico.Calif.Wildlife Cons. Bull.No.12. Armentrout,D.J. and W.R.Brigham.1988.Habitat suitability rating system for desertbighorn sheep in theBasin and Rangeprovince. U.S.Department of the Interior, Bureau of Land Management. Technical Note 384.l8pp. Augustine,S.and K.Ward.1995.GeomorphologyMapping Project,Calif. Depart.Parks and Recreation and Cesar Lab,San Diego State Univ. Berbach,M.W. 1987.The behavior,nutrition,and ecology of a population of reintroduced desert mountain sheep in the Whipple Mountains, San Bernardino County,California.M.S.Thesis,Calif,State Polytechnic University,Pomona,l3Spp. Bleich,V.C.,M.C.Nicholson,A.T.Lombard,and P.V.August.1992. Preliminary tests of a mountain sheep habitat model using a geographic information system.Biennial Symposium of the Northern Wild Sheep and Goat Council 8:256-263. Bleich,V.C.,J.D. Wehausen,R. R.Ramey II,and J.L.Rechel.1996. Metapopulation theory and mountain sheep:implications for conservation. Pages 353-373 in Metapopulations and Wildlife Conservation.D. R. McCullough,ed.Island Press,Washington, D.C.4.29pp. Bleich,V.C.,R.T.Bowyer,and J.D.Wehausen.1997.Sexual segregation in mountain sheep:resources or predation? Wildlife Monographs No.134. 50pp. 163 Broyles,B.1995.Desert wildlife water developments:questioning use in the southwest.WildI.Soc.Bull.23(4):663-675. Bureau of Land Management.1980.Santa Rosa Mountains Wildlife Habitat Management Plan: a Sikes Act plan.Prepared by Bureau of Land Management and California Department of Fishand Game. Burger,W.P. 1985.Habitat use by desert bighorn sheep on Desert National Wildlife Range,Nevada.M.S.thesis.Humboldt State University, California.Q3pp. Cunningham,5.1989.Evaluation of bighorn sheep habitat. Pages 135-160 in Thedesert bighorn sheep in Arizona.R.M.Lee,ed.Arizona Game and FishDepartment. Cunningham,S.C.and R. D.Ohmart.1986.Aspects of the ecology of desert bighorn sheep in Carrizo Canyon, California.Desert Bighorn Council Transactions 30:14-19. DeForge,J.R.and J.E.Scott.1982.Ecological investigations into high lamb mortality.Desert Bighorn Council Transactions 26:65-76. Denniston,A.1965.Status of bighorn in the RiverMountains of Lake Mead National Recreation Area.Desert Bighorn Council Transactions 9:27-34. Dunn,W.C.1996.Evaluating bighorn habitat:a landscape approach.U.S. Department of the Interior, Bureau of Land Management.Technical Note 395.4lpp. Elenowitz,A.5.1983.Habitat use and population dynamics of transplanted desert bighorn sheep in the Peloncillo Mountains,New Mexico.M.S. thesis.New Mexico State University,Las Cruces.lS8pp. 164 Etchberger,R.C.,P.R.Krausman,and R.Mazaika.1989.Mountain sheep habitat characteristics in the Pusch Ridge Wilderness, Arizona. Journal of Wildlife Management 53:902-907. Fairbanks,W.S.,J.A.Bailey, and R.S.Cook.1987.Habitat useby a low- elevation,semicaptive bighorn sheep population.Journal of Wildlife Management 51(4):912-915. Geist,V.1971.Mountain sheep:a study in behavior and evolution.The University of Chicago Press,Chicago,Illinois. 383pp. Gionfriddo, J.P.and P.R.Krausman.1986.Summer habitat use by mountain sheep.J.WildI.Manage.50:33 1-336. Hansen,C. G.1980a.Habitat.Pages 64-79 in The desertbighorn: it life history, ecology,and management.G.Monson and L.Sumner,eds. The University of Arizona Press.Tucson. 370pp. Hansen,C. G.1980b.Habitat evaluation. Pages 320-335 in The desertbighorn: its life history,ecology,and management.G.Monson and L.Sumner,eds. The University of Arizona Press.Tucson. 370pp. Hanson,C G.and 0.V.Deming 1980.Growth and Development. Pages 152- 171 in G.Monson and L.Sumner,eds. The desert bighorn:its life history, ecology,and management.The Univ.Of Arizona Press,Tucson,370 pp. Holl,S.A.1982.Evaluation of bighom sheep habitat. Desert Bighorn Council Transactions 26:47-49. Holland,V.L.and D.J.Keil.1989.California vegetation.Calif. Poly. State Univ.,San Luis Obispo,Calif.318pp. Jaeger,E.C.1957.North American Deserts.Stanford Univ. Press,Stanford,CA. 3O8pp. 165 Jones,F.L.,G.Flittner,and R.Gard.1957.Report on a survey of bighorn sheep in the SantaRosa Mountains, Riverside County,Calif.Fish and Game 43:179-191. Keeler-Wolf,T.,K.Lewis,and C.Roye. 1998.Vegetationmapping of Anza- Borrego Desert State Park and Environs,a report to the California Department of Parks and Recreation.Prepared by the Natural Heritage Division,California Department of Fish and Game, contract number c433000. Leslie,D.M.Jr.and C.L.Douglas.1979.Desert bighorn sheep of the River Mountains,Nevada.Wildlife Monographs No.66.56pp. McCarty,C.W.and J.A.Bailey.1994 Habitat requirements of desert bighom sheep.Colorado Division of Wildlife,Terrestrial Wildlife Research. Special reportnumber 69.Z7pp. McQuivey,R.P.1978.The desertbighorn sheep of Nevada.Nevada Department of Fish and Game.Biological BulletinNo.6.8lpp. Risenhoover,K.L.and J.A.Bailey.1985.Foraging ecology of mountain sheep: implications for habitat management.Journal of Wildlife Management 49:797-804. Schwartz,0.A.,V. C.Bleich,and S.A.Holl.1986.Genetics and the conservation of mountain sheep (Ovis canadensis nelsoni).Biological Conservation 37:179-190. Van Dyke,W. A.,A.Sands, J.Yoakum,A.Polenz,and J. Blaisdell.1983. Wildlife habitats in managed rangelands -the Great Basin of southeastern Oregon.GeneralTechnical Report PNW-159,USDA Forest and Range Exp. Sta.,Portland, Oregon.Y7pp. Wehausen, J.D.1980.SierraNevada bighorn sheep:history and population ecology.PhD dissertation.Univ.Michigan.243pp. 166 Wehausen,J.D.1983.White Mountain bighorn sheep:an analysis of current knowledge and management alternatives.U.S.For.Serv.Adm..Rep., Inyo Nat.Forest Contract No.53-9JC9-0-32. Wilson,L.0.,J.Blaisdell,G.Walsh,R.Weaver,R.Brigham,W.Kelly,J. Yoakum,M.Hinks,J. Turner,and J.DeForge.1980.Desert bighorn habitatrequirements and management recommendations.Desert bighorn Council Transactions 24:3-7. 167 APPENDIX C.GUIDELINES FOR DEVELOPING A LONG-TERM STRATEGY FOR REINTRODUCTION,AUGMENTATION, AND CAPTIVE BREEDING OF BIGHORN SHEEP IN THE PENINSULAR RANGES The purpose of this appendix is to provide guidelines for developing a long-term strategy for reintroduction, augmentation,and captive breeding of bighorn sheep in the Peninsular Ranges,as identified in the recoveryplan (task 1.4). This appendix is organized into two sections.The first section outlines some of the preliminary steps needed to identify cases in which reintroductions, augmentations,and captive breeding maybe appropriate,and highlights some important considerations in the development of a long-term strategy.The second section presents protocols for captive breeding and release of captive animals,and represents guidelines prepared by the Bighorn Institute for an existing captive breeding and release program.This section addressesmany of the issues identified in our Policy Regarding theControlled Propagation of Species Listed Under the Endangered Species Act (65 FR 56916;September 20,2000). I.Considerations in developing a long-term strategy for reintroductions and augmentations A number of decisions must be made when developing a long-term strategy for augmentation and reintroduction ofbighorn sheep in the Peninsular Ranges. Important preliminary steps are presented here in outline form: 1)Identifythe general goals of the long-term strategy in relation to the overall recovery effort.These goals should consider the viability of thepopulation with respect to population dynamics and genetics. 2) Determine if existing ewe groups should be augmented or new groups established.A population model,using estimatedpopulation parameters (e.g., abundance,recruitment,survivorship,dispersal),should be used to evaluate theeffectiveness of various options (including the option of no augmentation or reintroductions)on the viability of the metapopulation. 168 3) Identify and prioritize sites for augmentations and reintroductions. This assessment must evaluate not onlythe site’s importance to the viability of the entire population, but also must address the following questions: a)What is/was the cause of extinction or endangerment in this location? b) Has this cause been minimized or removed? c)Is reintroduction or augmentation thebest conservation option for this particular situation?Have other necessary measures,such ashabitat restoration or protection, been taken? 4)Determine augmentation and reintroduction techniques.The success of previous bighorn sheep augmentation and reintroduction projects has been mixed,and a number of questions remain (Desert Bighorn Council 1996).In reintroducing or augmenting Peninsularbighorn sheep,the following issues need to be evaluated: a)Determine whether to use captive or free-ranging animals.For the following reasons, caution should be exercised when using captive animals: i)If multiple,consecutive generations of animals are bred in captivity, theymay undergo “domestication selection”;that is,captive individuals may have behavioral or morphological phenotypes that perform well in captivity but not in the wild.In addition, captive animals may have been raised in an overly protective environment where selection against deleterious genes was relaxed (Brambell 1977, Campbell 1980,Elliott and Boyce 1992,Bush et a!.1993). ii)Captive animals may be disease vectors to wild populations if they have been exposed to novel diseases during exsitu (outside the original site,or captive)propagation (Campbell 1980,Woodford and Kock 1991,Bush et at.1993),or if theyhave continued to harbor pathogens that have been “purged”from wild populations. iii)The use of captive animals during augmentations can reduce or increase theeffective population size of the wild population (Ryman and Laikre 1990,Elliott and Boyce 1992). Part 11 of this appendix provides protocols by which these concerns maybe minimized. Releases of free-ranging animals are typically more successful 169 than are those of captive animals (Griffith eta!.1989,Gordon 1991, Stanley Price 1991);however,an advantage of using captive animals is that their genetic profiles typically areknown. In addition,the potential effects on population (Stevens and Goodson 1993)and genetics of removing animals from the wild population must be considered. Currently the small size of ewe groups within the peninsular Ranges limits the availability of free-ranging animals for translocation. Additional genetic studies mayhelp identify sources withinthe PeninsularRanges or elsewhere. Future projects could involve both captive and free-ranging bighorn sheep. b)If captive animals are to be used in reintroductions and augmentations, determine thedesired size of the captive herd,and optimum facilities and management techniques.One alternative is to establish a large captive herd that is housed in a larger enclosure and managed less intensely than theexisting captive herd.An approach similar to this is usedby the New MexicoDepartment of Game and Fish (1997) at their Red Rock Wildlife Area,where bighorn sheep are housed in a fencedarea of over 500 hectares (1,235 acres).Potential advantages of such a facility are that released animals mayhave traits more characteristic of free-ranging animals (as opposed to animals raised in a moreconfined environment), and a larger captive population may lessen genetic concerns associated with small founder populations. As with any captive breeding program, however, the source of animals for this captive population would have to be considered, and both population and genetic management guidelines would have to be addressed (see part II of this appendix). c)Determine thebest population composition of released groups.This considerationapplies whether captive or free-ranging animals are used. The number, age/sex composition,and experience of released animals are important considerations (Lenarz and Conley 1980,Wilson and Douglas 1982,Kleiman 1989).The gregarious behavior of bighorn sheep suggests that larger groupsare desirable (Wilson and Douglas 1982).However, smaller group sizes more likely mimic natural re-colonization events.The sex ratio should maximize the reproductive potential of the released group 170 or thewild population during reintroductions and augmentations respectively.For bighorn sheep,this typically means a low ram to ewe ratio (Lenarz and Conley 1980).Young animals have high reproductive value (Gotelli 1995)and have a strong tendency to integrate with existing herds when used as release stock (Ostermann et al,in press),anl thus are desirable for augmentation programs.Lenarz and Conley (1980) suggested that the optimum agefor released bighorn sheep is 3 years. However, inclusion of a small number of older or free-ranging,and presumablymore experienced,individuals increasesthe likelihood of success of a reintroduction. The effect of these variables needs to be considered not only with respectto howtheywill influence success of the release,but also how the removal of these animals will affect the source stock from which they came (Stevens and Goodson 1993). d) Identify appropriaterelease animals based on pedigree and proximity to the intended release area.Thoughbased solely on genetic theory, this approach is conservatively designed to:(1)preserve the potential for genetic adaptations to local conditions,(2) prevent outbreeding depression, and (3)maintain the existing genetic structurecurrently found among Peninsularbighorn ewe groups (Brambell 1977,Boyce et a!.1999). However,other options are available to prevent loss of heterozygosity in the wild population (May 1991).In general,thepreservation of the gene pool of the entire metapopulation (wild and captivepopulations included) should be the primary concern (Foose 1991).Therefore,when reintroducing or augmenting animals,care must be taken to avoid genetic swamping of native populations (Kleiman 1989,Ryman and Laikre 1991, Foose 1991,Elliott and Boyce 1992).Furthermore, during any reintroduction or augmentation,the number and sex ratio of released animals must be considered, as it will affect effective population size (Crow and Kimura 1970,FitzSimmons et at.1997).The second section of this appendix discusses the genetic considerations of captive breeding and release of captive animals in detail. 171 e)Determine the most effective means of releasing animals.These considerations,which apply to both the release of captive and free-ranging animals,should include: i)Whether to use a ‘soft’or ‘hard’release (Berbach 1987,Moore and Smith 1991). ii)How far to move free-ranging animals during reintroductions and augmentations.Thephilopatric behavior of bighorn sheep may result in animals attempting to return to their natal home range.Research on dispersal and movement patterns may guide these decisions (refer to section II.D.2 of this recovery plan). iii)During which time of year to conductreleases. iv)What specific release site to use. For instance,how far should release sites be from otherbighorn sheep (Bleich et at.1996)or from human development?This questionmaybe assessed by releasing and monitoring a small number of sentinel animals during a feasibility study (Kleiman 1989,Chivers 1991). 5)Determine methods for monitoring and assessing the success of reintroduction or augmentation programs,in relation to the goals of this recovery effort (Stanley Price 1991),and identify a specific schedule for future review and possible revision of the long-term strategy. II.Captive breeding and release of captive bighorn sheep While it is not a long-term solution (Snyder et a!.1996),captive breeding is a powerful tool forrescuing species threatened with extinction (Caughley 1994, Philippart 1995,Caughley and Gunn 1996).Captive breeding can also be used to delay extinction while the agents of a decline are investigated (Caughley and Gunn 1996).Other advantages of captive propagation include the ability to moderate environmental variance,manage genetic diversity,increase the effective population size,and expand animal numbers to provide stock for wild populations (Foose et at.1995).Releasing captive-born animals intothe wild to support weak populations is an increasingly common practice (Griffith et a!.1989,Kleiman 1989,Snyder etat.1996). 172 Although there are benefits of captive propagation programs for releasing animals into the wild (Griffith et at.1989,Kleiman 1989,Caughley 1994,Foose et at. 1995),these programs can be costly,labor intensive,and their effectiveness has been questioned (Campbell 1980,Philippart 1995,Caughley and Gunn 1996, Snyder et a!.1996).Additionally,there are a number of potential risks associated with captivebreeding and release programs.Our Policy Regarding Controlled Propagation of Species Listed Underthe Endangered Species Act (65 FR 56916; September 20,2000) identified thefollowing risks that must be addressed when planning controlled propagation and reintroductionprograms: (1) removal of natural parentalstock that mayresult in an increased risk of extinction by reducing the abundance of wild individuals and reducing genetic variability within naturally occurring populations; (2) catastrophicevents that can causethe loss of some or all of the captivepopulation; (3)potential for inbreeding or other adverse genetic effects that mayresult from increasing only a portion of the gene pool; (4) potential erosion of genetic differences between populations;(5)exposure to new selection regimes in controlled environments that may diminish capacity to survive and reproduce in thewild; (6)genetic introgression;(7)increased predation or competition for food,space,and/or mates;and (8) disease transfer. Adhering to established criteria and upholding standardized protocols will contribute to the success of reintroduction and augmentation programs and reduce the accompanying risks.In this appendix, generalized criteria and guidelines for reintroduction and augmentation programs are combined with knowledge of desertbighorn sheep ecologyto create more specific guidelines for Peninsular bighorn sheep captive breeding and release programs. In this appendix, reintroduction is defined as themovement of wild or captive animals intoformerly occupied habitat,while therelease of animals into currently occupied habitat is termed “augmentation”or “restocking.” The ultimate objective of these guidelines is to establish wild,free-ranging herds that no longer rely on captivebreeding.Separate guidelines should be developed for captive breeding programs with otherprimary goals. 173 Before commencing a captive breeding program,a feasibility study should be conducted to determine its necessity and potential for success. The following general criteria should be considered (Kleiman et a!.1994):the wild population’s need for support with respect to genetic diversity and population structure, the availability of stock,removal of the original cause of decline,protection of sufficient habitat,local politics,governmental and nongovernmental agency support,reintroduction/augmentation technology,knowledge of species biology, and sufficient financial resources.A summary of these criteria, which are grouped into four categories,is provided below. Need for population and/orgenetic support Because captive breeding and reintroduction/augmentationprograms require large financial and logistical commitments,theneed for population and/or genetic support must first be clearly established (Kleiman 1989, Phillipart 1995,Snyder eta!.1996).The International Union for the Conservation of Nature and Natural Resources (1995) guidelines for reintroduction and augmentationsrecommendconducting a population and habitat viability workshop before initiating a program.A population viability analysis may also facilitate the design and objectives of the programby providing direction on thenumber of animals needed, and hence the size of the facilityneeded,and whether restocking (augmenting populations)or reintroduction (establishing new groups)is preferred. Captive breeding is often expensive and not always the most cost-efficient conservation strategy (Kleiman 1989,Kleiman et at.1991,Snyder et at. 1996).It must be conducted in conjunctionwith other conservation measures,and should be based on specific recommendations within a recovery ormanagement plan so that it does not unjustly preempt other recovery techniques (Snyder et a!.1996). Environmental conditions Captive breeding should only be undertaken if suitable, unsaturated habitat is available (Brambell 1977,Kleiman 1989,Ounsted 1991)and release sites have sufficient carryingcapacity to support theexpansion of the reintroduced or augmented population.Ideally,release sites should be 174 legally protected (Kleiman et a!.1994).Removing or controlling the original cause(s)of decline is an essential step,as failure to do so is a primaryreason that reintroduction and augmentation efforts are unsuccessful (Brambell 1977,Ounsted 1991,Kleiman et a!.1994). However,in some situations,augmentinga population while investigating the cause of decline is an acceptable practice (Caughleyand Gunn 1996). Thephilopatric behavior of bighorn sheep (Geist 1971)suggests there are advantages to augmenting a population to retain traditional herd knowledge,rather than reintroducing animals after extirpation,particularly if this would allow researchinto the cause of decline. Biopolitical conditions andfunding Although no breeding program canbe successful without knowledge of the species’biology or reintroduction/augmentation technology,non- biological factors such as long-term funding,project administration, and communication amongparticipating organizations have been found to be important determinants forprogram success (StanleyPrice 1991,Beck et a!.1994,Kleiman et a!.1994).Feasibility studies should include investigating prospects for long-term funding and obtaining the support of all relevantgovernmental and non-governmental agencies.Inadequate funding could severelylimitthe progress and success of the program. Therefore, programs should not be initiated until funding is secured to ensure that all phases (disease testing,research, post-release monitoring, etc.) willbe accomplished.Because captive breedingprograms are a multidisciplinary undertaking involving people drawn from a variety of backgrounds (International Union forthe Conservation of Nature and Natural Resources 1995),the decision making structure,as well as the authority and responsibility of each group involved should be clearly delineated (Kleiman et a!.1994). Knowledge of the species and reintroduction/augmentation technology Knowingthe ecological requirements of a species is necessary for a successful breeding and release program.For many species, thelack of basic information and release technology necessitates detailed studies examining the species behavior and biological needs before establishing a 175 breeding program (Kleiman 1989,Stanley Price 1991).However, past and ongoing captive propagation programs for desert bighorn sheep (Calkins 1993,New Mexico Department of Gameand Fish 1997,Ostermann et al. in press)have demonstrated the potential for establishing self-sustaining captivepopulations and the techniques developed for translocations (Rowland and Schmidt 1981,Wilson and Douglas 1982)provide information that canbe applied to releasing captive-reared animals into the wild. Husbandry Large,predator-proof enclosures with native vegetation,natural habitat features, and adequate food, salt, mineral,and waterresources are needed. Native vegetation should be retained in the enclosure,and supplemental feedmay be required to prevent over-browsing.Anenclosure that contains a variety of habitat types and topographic relief will allow captive animals to exhibit natural behavior, such as using escapeterrain in response to disturbance.Presumably, housing captive animals in conditions as similar to therelease site as possible will ease their transition to a wild environment.During the nonbreeding season,adult males and females should be separated or have ample room to naturally segregate. To reduce diseasetransmission risks,captivepopulations should be maintained within the natural range of the animal,in single-species facilities that do not regularly exchange stock (Snyder et a!.1996).The design of the enclosure should allow for the safe capture of animals for sampling and/or release.Enclosure fencing should be greater than or equal to 3 meters (10 feet)in height above groundand extend aminimum of 0.61 meter (2 feet)underground,or employ otheroptions to exclude predators.Mountain lions have entered enclosures and killed captive bighorn sheep on several occasions(Blaisdell 1971,Sandovol 1979, Winkler 1977).Monitoring consisting of at least dailychecks of the enclosure and animals is necessary for detectinghealth concerns,causes of mortalities, and disturbances. Disease prevention and screening Disease prevention is of primary importance for desert bighorn sheep captive breeding programs.Of all North American wild ungulate species, wild sheep are possibly the most sensitive to common livestock diseases and parasites (Jessup 176 1985). Disease outbreaksterminated reintroduction efforts at both the Lava Beds National Monument in California (Blaisdell 1982)and the Sierra Diablo pens in Texas (Brewer 1997),two initially successful desert bighorn sheep breeding operations.Disease in the captive animals and poor reintroduction success led to the release of all bighorn sheep from the ZionNational Park captive propagation enclosure (McCutchen 1978).Outbreaks ofblue-tongue reducedthe Red Rock population by approximately 18 animals in 1985 and 25 animals 1991 (New Mexico Department of Game and Fish 1997).See section I.E.3 for information on the captivepopulation atBighorn Institute. Disease considerations for augmentation programs include the potential of introducing disease to the wild population when releasing captive-reared stock and theimpact of diseases endemic in the wild population on released animals (Viggers eta!.1993).The prevalence of disease in the wild and captive population will determine theneed to eradicate pathogens in animals brought into or released from captivity and whether to release or breed certain animals. Elimination of all pathogens from captive animals is not expectedor recommended (Bush et a!.1993,Viggers et a!.1993),as this mayreduce their immunity to disease and place them atrisk of diseases endemic in thewild population.Regular,standardized disease monitoring of both the wild and captive populations is stronglyrecommended. Disease prevention measures Captive breeding facilities should be closed to the public and the staff should practice rigorous diseaseprevention measures, including avoidance of potential disease transmission from other captive stocks as well as between wild and captive bighorn sheep.All potential routes for disease transmission from domestic livestock should be anticipated and avoided. For example,when purchasing hay,care should be taken to avoid dealers who rotate their crops with domestic livestock grazing. Separate quarantinefacilities should be available to house incoming stock; however,animals known to be sick should not be brought into captivity.It is important to determine the cause of death for all animals that die in captivity or soon after release into the wild. Fresh carcasses should be 177 refrigerated and transported to a veterinary diagnostic laboratory for full necropsy. Disease-free certification Disease screening (hematology,serum chemistry, serology,virus isolation, ova and parasite tests,and bacterial culture) should be performed on greater than or equal to 25 percent of the captive animals at least annually, and on all pre-release animals within 30 daysprior to their release into the wild. Health screening of pre-release bighorn sheep helps prevent the introduction of disease into the free-ranging population and optimize the released animal’s chances for survival in the wild.Screening of wild- caught breedstock reduces the chance of introducing disease to the captive population.All bighorn sheep entering or leaving thecaptive breeding program should be certified as “disease-free.” Disease-free certification requires that within 30 days prior to release:(1) the animals appear healthy and shows no signs of active infection upon visual examination by an U.S.Department of Agriculture accredited veterinarian familiar with bighorn sheep,(2)recent laboratory results (from testing described above) do not indicate active infection or other health concerns,(3) the animal tests negative for Ovine Progressive Pneumonia (AGlID test),and (4) the animals have not been exposed to diseased animals in the captive breeding facility. Treatment of sick animals in captivity Animals showing signs of illness (e.g.,drooping ears,nasal discharge, coughing,lethargy,weight loss)should be closely observed and biologically sampled to attempt to determine the cause of illness.Bighorn sheep in poor condition,needing frequent treatment,or exhibitingsigns of infectious orcontagious disease should be placed in quarantine. Treatment should be provided under veterinary supervision if the condition is lifethreatening,unless research needs dictate otherwise. Principles guidinggenetic management Genetic management strives to minimize the loss of naturallyoccurring genetic variability by preserving genes of founderswho represent a gene pool of interest 178 (Ballou and Lacy 1995).Goals forthe genetic management of captive populations usually include retaining genetic variation for future evolutionary potential, minimizing genetic changes that may occur while a species is in captivity,and avoiding inbreeding (Foose and Ballou 1988,Hedrick and Miller 1992,Foose 1991,Foose et a!.1995).Concerns about the fitness,evolutionary potential,and locally adapted gene pools of natural populations require that conservation efforts also consider intraspecific genetic variation (Soul~1986,Millar and Libby 1991, Hedrick and Miller 1992,Cronin 1993).Molecular markers (allozymes, restriction fragment length polymorphisms,microsatellites,mitochondrial DNA) can aid in identifying current and historic levels of population subdivision,gene flow, and population characteristics (Milligan et a!.1994,Avise 1995).However, it is important to note that molecular markers identify only a small portion of the genome and arenot specifically or necessarily tied to traits involved in either adaptation or fitness. Identifying the genetic structure of the population being augmented is considered a first step towards assuring that appropriate subpopulations aretargeted for propagation and release (Brambell 1977,Lyles and May 1987).Peninsular bighorn sheep are distributed in a metapopulationcomprising approximately eight subpopulations,although thedegree to which this structure reflects anthropogenic forces is unknown (Torres et a!.1994,Boyce et a!.1997,Rubin et a!.1998,Boyce eta!.1999). The genetic effects of population subdivision are quantifiedby the fixation index (F;Wright 1951),which describes theproportion of geneticvariation within bighorn sheep subpopulations relative to the total variation in the population.The fixation index can also be used as an index of geneticdifferentiation among populations. Ahigh fixation index value indicates significant genetic substructuring of the population.Moderatevalues (defined as F of 0.05 to 0.15, ST Wright 1978)formean F were foundfor six populations within thePeninsular STRangesusingnuclear DNA markers (micro-satellite loci [F equals 0.113]and the major histocompatibility complex loci [F equals0.120]). They suggest ST there are relatively high levels of male-mediated gene flow among populations (Boyce et a!.1997).When managing a group of closely related subpopulations migration should be maintained while also allowing for genetic differentiation 179 among demes in response to local selective pressure (Nelson and Soul~ 1987, Ryman eta!.1995). Other factors to considerin reintroduction or augmentation programs are effects to the native gene pool,including introgression,and an increase in the variance in family size or thenumber of offspringper individual (Ryman et a!.1995). Introgression occurs when populations with different genetic characteristics are mixed.It maycause the loss of locally adapted genes through interbreeding, loss of entire gene pools as a result of displacement,and/or homogenization of a previously geneticallystructuredpopulation through swamping with a common genepool. Factors relating to introgression that should be considered include:the amount of genetic divergence between the captive and wild populations, the genetic population structure of the wild population, and the number of animals to be released relative to the size of therecipient population (Ryman eta!.1995). Without knowledge of the genetic characteristics of the natural population, it is nearly impossible to predict the occurrence or importance of changes in the genetic structure of the augmented population.Although problems with outbreeding depression usually involve populations that are distinct subspecies, the effects of genetic mixing are difficult to predict,ranging from no effect to outbreeding depression even within the same species under similar circumstances (Ryman et a!.1995).There are some circumstances when introgression canbe beneficial, for example,when a natural population has been geneticallydepleted over an extended period due to small population size (Ryman et al.1995). A second problem with captive or supportive breeding programs is the potential to increase the variance in family size or number of offspring produced per individual (Ryman et a!.1995).Taking a fraction of the wild population into captivity for enhanced reproduction and survivalmay increase population numbers, but it canreduce genetic variation by inflatingthe variance in family size,a parameter that is inversely related to the genetically effective size of the population (Ryman and Laikre 1991).Pedigree analysis, rotation of breeding stock,and genetic management of the captive and wild populations canhelp lessen concerns associated with introgressionand variance in family size.For example,in the northern SantaRosa Mountains, the origin (captive or wild-born) of all animals in this herd is known and the sire and/or dam of most individuals is 180 known (Ostermann and DeForge 1996).Inthis case,particular wild-born bighorn sheep native to the genepool can be targeted forcaptive propagation if necessary. This situation presents a unique opportunity to usehigh intensity genetic management (Lacy et a!.1995)to improve or maintain the genetic variability in a free-ranging population. Se!ection of breeding stock Even when the main goal of an augmentation project is to provide population support,Kleiman (1989) recommended first considering the genetic characteristics of potential release animals.Animals released into the wild should be similar to thenative animals of theregion because over evolutionary time, successful populations are expected to become morphologically, physiologically, and behaviorally adapted to the local environment (Brambell 1977,Kleiman 1989, Lynch 1996).Obtaining locally adapted stock forcaptive breeding and release into the wild is proposed as a method to approximate the correct,locally adapted genotype, although this may add relatively little genetic variability to thewild population (Lyles and May 1987).However, given thehabitat fragmentation and small size of several demes in the Peninsular Ranges, genetic exchange to avoid inbreeding depression should be considered. Only bighorn sheep less than 1 year of age arerecommended for capture for breedingstock if animals are to be placed in small enclosures (approximately less than 2 hectares [5 acres])for quarantine.Young bighorn sheep adjust more readily to a captive environment than adult bighorn sheep (J.DeForge, pers. comm.), which havedied from colliding with fences while in captivity (Montoya 1973,Sandoval 1981).Larger enclosures would reduce this risk. Mating strategies Appropriate level of geneticmanagement of captive populations depends on the information available,intended intensity of management,and goals of the program (Lacy et a!.1995).Breeding programs for bighorn sheep vary from small populations receiving high-intensity genetic management to large herds where only low-intensity genetic management is possible.Several low-intensity mating strategies based on maximizing the effectivepopulation size and maximum avoidance of inbreeding have been developed (Princee 1995).This document 181 focuses on concepts for intensive genetic management,which applies mainly to small captive populations. The genetic importance of an animal is defined as a measure of the probability that it carries founder genes that are currently at risk of being lost (MacCluer et al. 1986,Ballou and Lacy 1995,Thompson 1995),though this value may be compromised by the presence of deleterious genes.Although animals with many living relatives in a population may be less geneticallyvaluable than animals with few relatives, this largergroup of relatives maybe more successful due to superior fitness. “Mean kinship”,one of several methods used to identify genetically important individuals,is defined as the average of thekinship coefficients between an individualand all living individuals including itself (Ballou and Lacy 1995).Animals with low mean kinship valuesare geneticallyimportant. Because mean kinship is insensitive to the age structure of apopulation, the concept of kinship value was introduced.“Kinship value” considers theage and reproductive value of animals when calculating mean kinship (Ballou and Lacy 1995).Kinship valueswill exceed meankinship for animals whose relatives are of prime reproductive age. Both theory and computer simulation studies suggest that mating strategies based on mean kinship (and therefore kinship value) retain the highest level of gene and allele diversity (Ballou and Lacy 1995,Miller 1995).To theextent possible, a strategybased on kinship value (Ballou and Lacy 1995)should be used to arrange matings in the captive population, precluding matings between relatives. Target founder representation and kinship value can be used to assess the genetic importance of animals and help direct rotation ofbreeding stock.Rams will generallycontribute genes faster than ewes and will therefore need to be rotated more frequently than ewes. Genetic evaluation Captive breeding programs should include provisions for genetic testing, including mitochondrial DNA sequence analysis and microsatellite typing on all founders in the captive population.Genetic testing of captive-born offspring is particularly important in populations with low intensity genetic management or in cases where paternity is unknown. Molecular genetic analyses canbe used to 182 determine the genetic similarity between captive-reared and free-ranging sheep,as wellas to constructpedigrees for captive or wild populations. Population management General objectives for population management of large captive populations with multiple generations in captivity are:(1) establishment of a self-sustaining captive population, (2)expansion of the population to a predetermined carrying capacity as quickly as possible withingenetic management guidelines,(3) stabilization of the population at a given capacity, with an age and sex ratio that will achieve the goals of theprogram(such as production of surplus stock for release) (Fooseand Ballou 1988).For small captive breeding programs, population management is most relevant to thebehavioral stability of the captive population and minimizing the impact of stock rotation.Inmost cases bighorn sheep should be released intothewild by 10 years of age,to prevent an accumulation of old-age animals.Ewes that fail to recruit a lamb for 3 consecutive years should be considered for release because they arenot contributing to the goal of producing stock for release into thewild. Surplus or unfit animals Healthy animals displaying abnormal behavioral or physiological characteristics should be evaluated. Preferably,if the characteristic has potential to be altered to allow release intothe wild, the animal should be retained in captivity until suitable for release.If an animal’s genetic characteristics cause it to be unfit for release intotarget populations,that animalcan be released intoa nontarget subpopulation so long as deleterious traits arenot introduced to the wild.Because the primary goal of captive propagation is reintroduction or augmentation, bighorn sheep should be released into thewild whenever possible. As a lastresort, animals may be transferred to a zoo facility in cooperation with the American Zoological and Aquarium Association. 183 Release and Monitoring Research and data collection on the captive population Captive populations can providean ideal control population for experimental or developmental studies.Data on thepopulation characteristics, behavior,physiology, nutrition,and diseases of the captive population should be collected to the extent possible without risking the animals’survival or ability to be released into the wild.Handling or continuous observation at closerange should be minimized to avoid habituation.The captivepopulation at Bighorn Institute has been used in severalstudies (Castro et al.1989,Jessup et al.1990,Borjesson et a!. 1996)that required little or no additional handling. A SPARKS (Single Population Analysis and Records Keeping System; International Species Information System [ISIS]1989)or similar format studbook should be maintained to record the identification, sex,parentage, date of birth, release date, release location,and dateas well as cause of death for each individual born or brought into captivity.Marking of animals to facilitate data collection may be necessaryin large captive populations.Locations of births within enclosures and individual ewe reproductivesuccess should also be recorded.Notes recording the feeding rations, general health,and behavior of captive animals,and unusual environmental conditions should be collected at least once daily. Research and data collection on released bighorn sheep Eachrelease should be designedas an experiment to test various techniques related to factors such as release site and time (May 1991). Monitoringpost-release animals is one of the most critical components of a reintroduction or augmentation program because itallows for the assessment of methods, use of adaptive management,and can provide a framework for theoretical studies.All released bighorn sheep should be fitted with a radiocollar and eartag and monitored as frequently as possible (more than weekly)to record their integrationprocess, habitatuse, behavior,health,survivorship,and reproductive success.At a minimum, monitoring should be designed to document survival and reproductive 184 rates,cause-specific mortality,habitat use of released bighorn sheep though their first year in the wild,and key biotic and abiotic factors,such as habitat quality and weather.Most importantly,post-release studies should provide data to evaluatethe success of theprogram.Long-term (greater than or equal to 3 years)monitoring on at least amonthly basis of greater than or equal to 50 percent of released animals in a subpopulation should be included in all programs.Monitoring of post-release animals should include planned studies comparing captive-reared and wild-reared sheep (e.g.,reproductive success, survivorship,vigilance, maternal behavior, reactions to disturbance,etc.),and theoretical studies (May 1991,Sarrazin and Barbault 1996). Peer-reviewed Program Assessment Guidelines for reintroductions (Kleiman 1989,Stanley Price 1991,Chivers 1991) suggest an assessment phase in which the experiences,results,and conclusions of a reintroduction or augmentation program would be published at intervals or at the completion of the study.Short-termsuccess of suchprograms canbe evaluated by:1)the survival and/or reproductive rates of released animals,or 2) the amount of genetic diversity retained and/or habitat preserved,or 3)public education and research interest generated,or 4) the time gained to allow continued research into the problems suppressing the population (Kleiman 1989;Caughley and Gunn 1996).The multi-faceted nature of captivebreeding and release programs requires that assessments examineboth the captive breeding and release phases, as well as the indirect benefits generated from the program.Reporting failures encountered in captive breeding and release programs is of equal or greater value than reporting successes,although it is done much less frequently. 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Conservation Services Division,October 1997.Unpublished report.11 pp. 191 Ostermann,S.D.,J.R.DeForge, and W.D.Edge.Captive breeding and reintroduction evaluation criteria:a case study of Peninsular bighorn sheep.Conservation Biology.In press. Ostermann,S.D.,and J.R.DeForge.1996.Pedigree Analysis and Breedstock Selection Criteria. Ounsted,M.L.1991.Re-introducing birds:lessons to be learned for mammals. Pages 75-85 in J.H.W.Gipps,editor. Beyond Captive Breeding:Re- introducing endangered mammals to the wild.Symposium of the Zoological Society of London. OxfordUniversity Press. Philippart,J.C.1995.Is captive breeding an effective solution forthe preservation of endemic species?Biological Conservation 72:28 1-295. Princee,F. P.1995.Overcoming the constraints of social structure and incomplete pedigree data through low-intensity genetic management. Pages 124-154 in J.D.Ballou,M.Gilpin,and T.J.Foose,editors. Population management for survival and recovery. 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Sarrazin,F.and R.Barbault.1996.Reintroduction:challenges and lessons for basic ecology.Trends in Ecology and Evolution 11:474-478. Snyder,N.F.,S.R.Derrickson,S.R.Beissinger,J.W.Wiley,T.B.Smith,W.D. Toone,and B.Miller.1996.Limitations of captive breeding in endangered species recovery.Conservation Biology 10:338-348. Soul~,M.E.1986.Viable Populations. Cambridge University Press, Cambridge. Stanley Price, M.1991.A review of mammal re-introductions,and the role of the Re-introduction Specialist Group of IUCN/SSC.Pages 9-23 in J.H.W. Gipps,editor.Beyond Captive Breeding:Re-introducing endangered mammals to the wild.Symposium of theZoological Society of London. Oxford University Press. Stevens,D.R.and N.J.Goodson.1993.Assessing effects of removals for transplanting on a high elevationbighorn sheep population. Conservation Biology 7(4):908-915. Thompson,E.A.1995.Genetic importance and genomic descent. Pages 112- 123 in J.D.Ballou,M.Gilpin,and T.J.Foose,editors.Population management for survival and recovery.Columbia University Press,New York. 193 Torres,S.G.,V.C.Bleich,and J.D.Wehausen.1994.Status of bighorn sheep in California,1993.Desert Bighorn Council Transactions 38:17-28. Viggers,K.L.,D. B.Lindenmayer,and D.M.Spratt.1993.The importance of disease in reintroduction programs.Wildlife Research 20:687-98. Wilson,L.0.and C.L.Douglas.1982.Revisedprocedures for capturing and re- establishing desert bighorn.Desert Bighorn Council Transactions 26:1-7. Winkler,C.K.1977.Status of the Texas desert bighorn program.Desert Bighorn Council Transactions 21:4. Woodford,M. H., and R.A. Kock.1991.Veterinary considerations in re- introduction and translocation projects.Beyond captive breeding: reintroducing endangered mammals to the wild.Symposia of the Zoological Society of London 62:101-110. Wright,5.1951.The genetical structure of populations.Annuals of Eugenics 15 :323-354. Wright,5.1978.Evolution and the Genetics of Populations.Volume 4. Variability Within and Among NaturalPopulations.University of Chicago Press,Chicago. 194 APPENDIX D.GUIDELINES FOR SAFELY CAPTURING. HANDLING, AND MONITORING BIGHORN SHEEP Standardresearch methods, including surveys (foot,helicopter,and fixedwing aircraft),field capture,biological sampling,and radiotelemetry monitoring have been used for assessing abundance and abundance trends (DeForge et a!.1995, 1997;Rubin et a!.1998),recruitment patterns (Wehausen et a!.1987,DeForge et a!.1995,DeForge et a!.1997,Rubin et a!.2000,Ostermann et a!.in press), adult survivorship and cause-specific mortality (Hayes et a!.2000,DeForge et a!.1997, DeForge and Ostermann 1 998b,Ostermann et a!.in press), health status and disease exposure (DeForge eta!.1982;Clark eta!.1985, 1993;Jessup and Boyce 1993;Elliott eta!.1994;Boyce 1995;Crosbie et a!.1997),genetic profiles (Boyce eta!.1997,Boyce eta!.1999),and spatial distribution of the population (Rubin et a!.1998)in specific subpopulations of bighorn sheep within the Peninsular Ranges.Adaptive management (Holling 1978)will require the continued use of thesefield research methods to achieve recovery of Peninsular bighorn sheep. As with any human intervention, theseresearch methods arenot without risks and consequences for free ranging bighorn sheep.Low-level helicopter surveys provide an effective method for estimating population sizeand distribution. However, alterations in behavior,movement,and distribution of bighorn sheep resulting from helicopter disturbance (Bleich et a!.1990a)could potentially introduce bias into those estimates or adversely affect survivorship and reproduction in bighorn sheep populations (Bleich eta!.1994).Jessup et a!. (1984)compared the relative risks and benefits of different capture methods, including drop-netting,drive-netting, darting from helicopters, stationary corral- trapping and the use of a hand-held net gun operated from a helicopter. Some methods were found to be inherentlysafer than others.All methods presented some risk to individual animals,and no single method of capture was best for all situations.Bleich et a!.(199Gb)documented chronic injuries to the mandibles and necks of bighorn rams from ill-fitting radiotelemetry collars and proposed potential adverse effects on foraging behavior and decreased fitness of these otherwise dominant males. 195 Through constant critical re-assessment of research activities,risks canbe recognized and addressed to minimize the impact of these activities on bighorn sheep populations.Inthe past,epidemiological analysis of capture data documented the relative safety of drop net and helicopternet gun capture of bighorn sheep over other methods including drive-net, chemical immobilization, and corral trapping (Jessup et a!.1988).Recommendations on collar tightness (Bleich et a!.1 990b) havereduced jaw and neck injuries in bighorn rams in recent years.Risks associated with future research activities can be minimized by requiring:(1) adequate justification for the activity,(2)thorough planning,(3) selection of appropriate survey and capture methods,experienced personnel,and proper equipment for the activity,and (4) constant critical re-assessment of research activities to recognize and address problemsarising from these activities. Guidelines for specific research activities Surveys Fixed-wing aerial surveys have a very low probability of affecting bighorn sheep because aircraft are typically flown at high altitude.During these flights, telemetry locations of radio-collared animals are obtained but visual observations arenot usually attempted.The risk of disturbance to bighorn sheep is greater during helicopter and foot surveys. Helicopter surveys may temporarily disrupt normal bighorn sheep behavior and may negatively affect bighorn sheep if not conducted properly.Helicopter surveys should be avoided during periods when bighorn sheep maybe especially sensitive to disturbance.These periods include the late winter through early summer months,when the majority of ewes give birth,and the summer months, when bighorn sheep are dependent on scant water sources.During surveys,the helicopter should only remain above a group of animals long enough to determine group size and composition.If the group appears to be running excessively,if terrain conditions arepotentially dangerous forthe animals,or if young lambs are observed in a group, the safety of the animals should take priority over data collection,and the surveycrew should continue moving to the next portion of the survey area.During surveys,the location of roads should be considered, and 196 flight paths should proceed from roads into habitat,so as to avoid driving animals towards automobile traffic. Foot surveys are not typically considered a risky research activity but the following considerations will further reduce any negative impact on bighorn sheep.Bighorn sheep appear to be more comfortable when they areable to remain higher than their human observers and watch them from a distance. Observers should approach bighorn sheep from below and avoid approaching too closely. Care should be taken to avoid startling bighorn sheep by appearing suddenly around a corner or over a ridge. Time near springs and guzzlers should be kept to a minimum to avoid displacement of animals from water sources, especially during the summer. Capture The active management of bighorn sheep may require:(1)marking or tagging to determine population numbers,range usage,movement patterns,behavior, reproduction,survival,and cause-specific mortality;(2) treating or sampling diseased individuals;(3)sampling of healthy bighorn sheep for research;and (4) relocation (Jessup et al.1984).In skilled,experienced hands,the use of a net gun from a helicopter has been shown to be a safe method of capture,with fewer stress related complications and lower injury and mortality rates than other methods (Jessup et a!.1988).Due to the steep,rough terrain and the scattered distribution of bighorn sheep found in the Peninsular Ranges,net gun capture appears to be the most practical and cost-effective capture technique.The use of drop nets and tangle nets may also be necessary on the rareoccasionwhen an animal has to be captured within or on the fringes of the urban environment.The safe use of these techniques requires careful planning and adequate numbers of experienced personnel trained in handling net-captured bighorn sheep.Thorough discussions of capture methods and veterinarymedical concerns canbe found in The Wi!d!fe Restraint Handbook (CaliforniaDepartment of Fish and Game 1996),and the Wild!~fe Restraint Series (International Wildlife Veterinary Services 1996). The most common veterinaryproblems occurringduring the helicopter net gun capture of bighorn sheep are physical injury,capture stress/capture myopathy (disorder of muscle tissue or muscles)and hyperthermia.Physical injurycan 197 occur when a netted animal tumbles on rough, rockyterrain, takes a fall down a steep slope,or whenthe nettangles around theanimal’s neck and compromises respiration.The risk of physical injurycanbe minimized by netting the animal as it runs uphill or capturing animals on relatively flat saddles or in flat sandy canyon bottoms. Capture stress/capture myopathy occurs when an animal severely overexerts itself,resulting in pathologic metabolic changesand cellular damage in muscle tissue and internal organs.Hyperthermia occurs when an animal’s heat production from muscle activity exceeds its ability to dissipate that heat.Due to the physical exertion experienced during helicopterpursuit, the rectal temperature of most bighorn sheep at capture will be higherthan 38.9 degrees Celsius (102 degrees Fahrenheit),considered normal forresting domestic sheep (California Department of Fish and Game 1996),and will often reach 39.4 to 40.6 degrees Celsius (103 to 105 degrees Fahrenheit)or greater.These animals are susceptible to hyperthermiaregardless of the ambient temperature.Dousing with water around the flanks,inguinal region, thorax,head,and neck atcapture to cool the animal should be routine during warm weather and anytime an animal shows an increasing trend in rectal temperature. Animals with heavy winter pelage also may havea problem dissipating heat even in cold weather and may require efforts to cool them.Keeping chase times within conservative limits will prevent most problems with capture stress/capture myopathy and hyperthermia. A “safe” chase time will vary with the condition of the animal,terrain, environmental conditions, and the intensity of pursuit. Most individual chase times during California Department of Fish and Game bighorn sheep captures areunder 3 minutes. Pursuit of a running animal should not exceed 5 minutes.Attention must be paid to total chase time as animals in a group may be run repeatedly as individual herd members are captured.Pursuit should be called off if the animal appears disoriented,exhausted,or injured,or anytime a member of the capture crew determines that there is excessive risk in continuing the capture effort. Prolonged restraint can also contribute to capture stress/capture myopathy and hyperthermia.Mostbighorn sheep cease struggling when eye covers and hobbles are applied.Positioning the animal in a normal resting position with its head up will allow the sheep to belch ruminal gas and minimize bloat and regurgitation. Vital signs should be taken immediately and monitored continuously to monitor the need/effectiveness of cooling treatment or to determine if a severely distressed 198 animal should be released.A severely compromised animal that is not ambulatory requires aggressive therapy.Jessup (1999) recommended that wild sheep with rectal temperaturesgreater than 41.7 degrees Celsius (107 degrees Fahrenheit), respiration rates of 75 per minute, and/or heart rates greater than 200 per minute receive intensive treatment for capture stress/myopathy including cooling baths, balanced intravenous fluids,anti-inflammatory drugs (fast acting corticosteroids), vitamin and mineral supplements,and possibly intraperitoneal bicarbonate. Medical treatment of a moderately compromised animal that is ambulatory involves the trade-off of continued stress during the treatment period with the benefits of medication.Some medications themselves mayhave adverse effects when administered.For example,pharmacologic doses of corticosteroids used in treatingshock mayinduce parturition in ewes in late stages of pregnancy (Plumb 1995).In a field situation,the decision to treat or release is ajudgement call made by capture personnelin consultation with an experiencedwildlife veterinarian. Air transport ofbighorn sheep to base camps should be accomplished in “sheep bags” (heavyweave plastic mesh bags custom designed forthis purpose), which support the animal in a sternalposition. “Air transport of mountain sheep upside downsuspended by their hobbled legs is inappropriate and unnecessary” (Jessup 1999).During captures using base camp processing,the capture crew should be prepared to process animals exhibiting capture stress at the capture site to reduce the handling time. Processing (application of tags and collars,collection of biological specimens, administration ofprophylactic medications)should be carried out in a quick, efficientmanner with minimal disturbance to the animal.Prior to release, the animal should be positioned so that release occurs in the directionwith the fewest physical hazards and that allows the animal to move toward the area from which it was captured. Other issues to consider when capturing and handling bighorn sheep include: Pregnancy status -capture of ewes in thelast two months of pregnancy should be avoided whenever possible (December through early summer). 199 Caution should be usedwhen capturing ewes with very young lambs (spring through late summer)due to possible abandonment of the lamb or exposure of the lamb to predation in the absence of the mother. These ewes should be processed at thecapture site, and should not be transported to a base camp. Extreme caution should be used when capturing young lambs.Lambs should be processed and released at thecapture site whenever possible. Whenever possible,processing at the capture site is preferred to minimize stress on the animal,However, for adult animals, the choice of processing at the capture siteor transport to abase camp will varywith local conditions.Very important for ewes and less so for rams,the location and distance of base camps from the capture site should allowdirect access back intothe area in which the animal was captured.A general guideline is that the release site should be within the home range of the ewe group and within 5 kilometers (3.1 miles)of the capture location with no insurmountable or dangerous obstacles separating the animal from its home range. Capture personnel should be made aware of human safety and zoonotic disease concerns. Key points to consider before capture of bighorn sheep: Adetailed capture plan must be prepared in advance of the capture that outlines goals,methods,potential problems,personnel and safety procedures (CaliforniaDepartment of Fish and Game 1988). A pre-capturemeeting should be mandatory for all participating personnel. All personnel must be trained in proper animal handling techniques. Experienced veterinary assistance and emergency medical supplies and equipment should be readily available to treat a physically distressed or 200 injured animal.Frequent post-capture monitoring of individual bighorn sheep is mandatory to determine effects of capture,tags,and collars on survivorship, reproduction,and well being. A written report should be prepared after each capture that documents the activity,provides a critical assessment of the capture,and suggests improvements for future capture activities. References Bleich,V.C.,R.T.Bowyer,A.M.Pauli,R.L.Vernoy,R.W.Anthes.1990a. Responses ofmountain sheep to helicopter surveys.California Fish and Game 76(4):197-204. Bleich,V.C.,J.D.Wehausen, J.A.Keay,J.G.Stahmann,M.W.Berbach. 1 990b.Radiotelemetry collars and mountain sheep:a cautionary note. Desert Bighorn Council Transactions 34:6-8. Bleich,V.C.,R.T.Bowyer,A.M.Paub,M.C.Nicholson and R.W.Anthes. 1994.Mountain sheep Ovis canadensis and helicopter surveys: ramifications forthe conservation of large mammals.In:Biological Conservation 70(1):1-7. Boyce,W.M.1995.Peninsular bighorn sheep population health and demography study.Final Progress Report -June 1,1995.California Department of Fish and Game.Sacramento,California. Boyce,W.M.,P.W.Hedrick,N.E.Muggli-Cockett,S.Kalinowski,M.C.T. Penedo,and R. R.Ramey II.1997.Genetic variation of major histocompatibility complex and microsatellite loci:a comparison in bighorn sheep.Genetics 45 :421-433. Boyce,W.M.,R. R.Ramey II, T.C.Rodwell,E.S.Rubin,and R.S.Singer. 1999.Population subdivision among desert bighorn sheep (Ovis 201 canadensis)ewes revealedby mitochondrial DNA analysis.Molecular Ecology 8:99-106. CaliforniaDepartment of Fish and Game.1988.Capture and Relocation of Wildlife.In:Fish and Game Operations Manual; Wildlife Management Program,Sect.3620-3625.Sacramento,California. CaliforniaDepartment of Fish and Game.1996.Medical Concerns.In:Wildlife Restraint Handbook pp.9/1-9/14.Wildlife Investigations Laboratory,1701 Nimbus Rd.,Suite D.Rancho Cordova,Ca.95670. Clark,R.K.,D. A.Jessup,M.D.Kock, and R. A.Weaver.1985.Survey of desertbighorn sheep in California for exposure to selectedinfectious diseases.Journal of the American Veterinary Medical Association 187:1175-1179. Clark,R.K.,C. A.Whetstone,A.E.Castro,M.C.Jorgensen, J.F.Jensen, and D. A.Jessup.1993.Restriction endonuclease analysis of herpes viruses isolated from two Peninsularbighorn sheep (Ovis canadensis cremnobates).Journal of Wildlife Diseases 29(1 ):50-56. Crosbie,P.R., W.L.Hoff,D.Stiller,D. A.Jessup,and W.M.Boyce.1997.The distribution of Dermacentor Iiunteri and Anap!asma sp.in desertbighorn sheep (Ovis canadensis).Journal of Parasitology 83(1):31-37. DeForge,J.R.,D. A.Jessup,C.W.Jenner,J.E.Scott.1982.Disease investigations intohigh lamb mortality of desertbighorn in the Santa Rosa mountains, California.Desert Bighorn Council Transactions 26:76-81. DeForge,J.R.,E.M.Barrett,S.D.Ostermaun,M.C.Jorgensen, and S.G. Torres.1995.Population dynamics of Peninsularbighorn sheep in the Santa Rosa Mountains,California,1983-1994.Desert Bighorn Council Transactions 39:50-67. 202 DeForge, J.R.,S.D.Ostermann,C.W.Willmott,K. B.Brennan,and S.G. Torres.1997.The ecology of Peninsular bighorn sheep in the San Jacinto Mountains,California.Desert Bighorn Council Transactions 41:8-25. DeForge,J.R.and S.D.Ostermann.1998b.The effects of urbanization on a population of desertbighorn sheep.Abstract for the 5th Annual Conf.of Wild.Soc.,Buffalo,NY. Elliot,L.F.,W.M.Boyce,R. K.Clark,D. A.Jessup.1994.Geographic analysis ofpathogen exposure in bighorn sheep (Ovis canadensis).Journal of Wildlife Diseases,30(3):3 15-318. Hayes,C.L.,E.S.Rubin,M.C.Jorgensen,R.A.Botta,and W.M.Boyce.2000. Mountain lionpredation on bighorn sheep in the PeninsularRanges, California.J.Wildl. Manag.64(4):954-9. Holling,C.5.1978.Adaptive Environmental Management.Academic Press. New York. International Wildlife Veterinary Services.1996.Medical concerns.In:Wildlife Restraint Series.Ed.R. K.Clark,D. A.Jessup.pp.8.1-8.15.IWVS,Inc. Publications,P.0.Box 936, Fort Collins,Colorado 80522. Jessup,D.A.,W.E.Clark,and R. C.Mohr.1984.Capture of bighorn sheep: management recommendations.Wildlife Management Branch Administrative Report 84-1. CaliforniaDepartment of Fish and Game. Sacramento, California. Jessup,D.A.,R. K.Clark,R.A.Weaver,M.D.Kock.1988.The safety and cost effectiveness of net-gun capture of desert bighorn sheep (Ovis canadensis ne!soni).Journal of Zoo Animal Medicine 19(4):208-2 13. Jessup,D.A.,W.M.Boyce.1993.Diseases of wild sheep.In:Zoo and Wild rd Animal Medicine,3 Edition.Ed.M.E.Fowler.W.B.Saunders.pp. 554-560. 203 Jessup,D.A..1999.Capture and handling of mountain sheep and goats.In:Zoo th and Wild Animal Medicine,4 edition.Eds.M.E.Fowler,R.E.Miller. W.B.Saunders Company.pp.681-687. Ostermann,S.D.,J.R.DeForge,and W.D.Edge.Captive breeding and reintroduction evaluation critena:a case study of Peninsular bighorn sheep.Conservation Biology.In press. Plumb,D.C.1995.Glucocorticoid agents, general information.In:Veterinary Drug Handbook.Iowa State University Press,Ames,Iowa.pp.292-295. Rubin,E.S.,W.M.Boyce,M.C.Jorgensen,S.G.Torres,C.L.Hayes,C.S. O’Brien,and D.A.Jessup.1998.Distribution and abundance of bighorn sheep in the Peninsular Ranges,California.Wildlife Society Bulletin 26(3):539-55 1. Rubin,E.S.,W.M.Boyce, and V. C.Bleich.2000.Reproductive strategies of desert bighorn sheep.J.of Mammalogy 81(3):769-786. Wehausen, J.D.,V. C.Bleich,B.Blong,and T. L.Russi.1987.Recruitment dynamics in a Southern California mountain sheep population.Journal of Wildlife Management 51:86-98. 204 APPENDIX E.PROTOCOLS FOR MONITORING POPULATION ABUNDANCE This appendix presents protocols for two methods of monitoring the abundance and population trends of Peninsularbighorn sheep.These two methods are:(1) waterhole counts and (2)aerial helicopter surveys.For explanations of terminology (e.g.,ewe group)or reference to specific names of locations,please refer to themain body of therecoveryplan and papers cited therein. Waterhole counts havebeen conducted in selected parts of Anza-Borrego Desert State Park since 1971 (M.Jorgensen, pers. comm.)and havebeen used to assess abundance trends of Peninsularbighorn sheep (Rubin et a!.1998).Prior to 1993, no marked animals were present in the areas in which counts were conducted. Count data were,therefore,only appropriate foruse as an index of abundance rather than for calculation of an absolute population estimate.Since 1993, however,collared animals have been present and waterhole count datacan be used to generatepopulation estimates for some ewe groups in Anza-Borrego Desert State Park. Waterhole counts are organized and conducted by volunteers under thedirection of Park staff.Although helicopter surveys provide a more comprehensive population estimation tool,waterhole counts should be continued.Continuation for atleast 10 more years willallow investigators to determine thecorrelation between waterhole count and aerialsurvey population estimates,which maymake it possible to generate historical population estimates using earlywaterhole count data. In addition, waterhole counts provide data that are difficult to determine from a helicopter (e.g.,reproductive status of individually marked ewes;refer to section II.D.2.1 of therecoveryplan),and provide an opportunity forthe communityto participate in Peninsular bighorn sheep conservation projects (refer to section II.D.3). Helicopter surveys havebeen conducted in the SantaRosa Mountains annually since 1977 (Wehausen eta!.1987,DeForge eta!.1995),the San Jacinto Mountains in 1983, 1984,and annually since 1987 (DeForge et a!.1997),and in some parts of Anza-Borrego Desert State Park in the early 1980’s (M.Jorgensen, 205 pers. comm.).Radio-collared animals have been present in the northern Santa Rosa Mountains sincethe early 1980’s (DeForge et a!.1995)and in the San Jacinto Mountains since 1992 (DeForge et a!.1997).In 1994, 1996,and 1998, radio-collared animals were present throughout thePeninsular Ranges and surveys covered all parts of the ranges for the first time,making itpossible to generate population estimates for the entire range as wellas for subregions (Rubin et a!. 1998).Currently, helicopter surveys in the San Jacinto Mountains and the Santa Rosa Mountains are conducted by California Department of Fish and Game and theBighorn Institute,while surveys of the remainder of the range areconducted by California Department of Fish and Game and Anza-Borrego Desert State Park. The following sections outline specific protocols for each monitoring technique. Aerial Helicopter Surveys Frequency of surveys Helicopter surveys covering the entire range should be conducted at leastevery other year.Recently, the San Jacinto Mountains and Santa Rosa Mountains have been surveyed annually,while the remainder of therange has been surveyed every other year (1994,1996, 1998). Time of survey Helicopter surveys should be conducted ideally between late September and early November. This method reduces therisk to bighorn sheep by avoiding periods when young lambsare present,periods when ewes reach late gestation,and months of high summertemperatures. In addition,this time period coincides with part of the rut,or breeding season.This approach allows themost accurate estimate of the sex ratio because bighorn tend to congregateduring this time. Areas to be surveyed All bighorn sheep habitat in thePeninsular Ranges should be surveyed.For consistency among years,the same predetermined areas should be flown every year,with the same amount of time (effort) spent per area during each year.Flight areas and associated approximate surveytimes are included in this appendix (Tables E-l and E-2).Maps are not included here because the geographic references in the Tablesbelow accurately describe the survey areas and this plan is 206 Table E-l.Approximate polygons flown byBighom Institute in annual helicopter surveys of the San Jacinto and Santa Rosa Mountains.Topography and sheep sign influenced the amount of time spent per area.Flight polygons were developed while the population was at a low,and some areas where sheep sign (trailing,bed sites,etc.)has not been noted for several consecutive years are flown less intensely than areas with sign.If the population increases, more time may be needed to thoroughly survey areas that are only cursorily surveyed now.Flight times are actual time within thepolygon. Polygon Area/Canyons Notes Number San Jacinto Mountains: west fork of Palm Canyon north to Blaisdell Canyon 2 Santa Rosa Mountains: Calcite Mine west to Rattlesnake Canyon 3 SantaRosa Mountains: western Santa Rosa Mountains,west of Rattlesnake Canyon to Buck Ridge and Rockhouse Canyon 4 Santa Rosa Mountains: Big Wash north,Wonderstone Wash, Travertine Palms, and Barton,Alamo, and southern Sheep Canyons. 5 Santa Rosa Mountains: north Sheep Canyon, Martinez Canyon 6 Santa Rosa Mountains: Agua Alta and Toro Canyons 7 Santa Rosa Mountains: Guadalupe,Devil, andBear Canyons 8 Santa Rosa Mountains: Coyote,Sheep, Deep,Carrizo,and Dead Indian Canyons. 9 Santa Rosa Mountains: Magnesia,Bradley,and Cathedral Canyons. Approx. flight time (hours) 2.25 2.25 2.25 1.75 Areas south of Andreas and north of Chino have been flown less intensely in recent years due to lack of bighorn sheep sign.It will be necessary to add survey time if distribution expands. Buck Ridge flown cursorily. Barton, Alamo, and Sheep Canyons flown cursorily due to lack of sign. 1.25 2.00 2.25 2.25 2.00 Polygon should include Indio and Eisenhower Mountains. Western Cathedral Canyon appears to have been abandoned recently —minimal flight time spent west of Cathedral Canyon. Surveys may need to intensify west of Cathedral Canyon proper if the population increases. 207 Table E-2.Survey polygons flown inbighorn sheep habitat outside of the Santa Rosa and San Jacinto Mountains.Flight times are actual time within the polygon. Polygon Area Polygon Description Number 10 11 12 13 14 15 16 17 18 19 20 21 Carnzo Canyon area 22 ‘‘ 23 ‘‘ 24 ‘‘ 25 Fish Creek Mountains 26 Coyote Mountains 27 5.of Interstate 8 Coyote Peak NE side of Coyote Canyon SW side of Coyote Canyon N of County Rd 22 (Montezuma Grade) S of County Rd 22 and Yaqui Ridge Pinyon Ridge and N side of Sentenac Canyon Pinyon Mts to Pinyon Canyon Sunset Mm,Harper Flats, to Harper Canyon Harper Canyon to Hapaha Flats to Alma Canyon Alma Canyon to Fish Creek Wash to Split Mm Whale Peak (Fish Creek Wash to Smuggler Cyn) Tierra Blanca Mts to Rockhouse Canyon W side Carrizo Wash (to Blackwater Canyon) Camzo Gorge to Tule Cyn,E.to Dos Cabezas E side of Carrizo Wash (N of railroad tracks) Fish Creek Mountains Coyote Mountains Dos Cabezas to U.S.-Mexico border Approx. flight time (hours) 1.25 3.00 2.25 2.75 2.00 1.00 2.25 1.50 1.75 1.25 1.25 2.00 1.25 2.00 1.25 1.75 1.75 2.00 Coyote Canyon N.San Ysidro Mts S.San Ysidro Mis Vallecito Mountains not intended to represent a comprehensive compendium of information related to bighorn conservation activities. Survey techniques The survey crew consists of three observers in addition to the pilot.When possible,the samepilot and pool of experienced observers should be used each year.Thedoors of the helicopter should be removed for optimum visibility.Each polygon should be flownsystematically at 40 to 60 kilometers per hour (25 to 35 miles per hour), followingtopographic contours of 100 to 150-meter (330 to 490- foot)intervals.Thepilot and the observers should not be aware of the locations of radio-collared sheep,and telemetry should not be used to locate groups or individuals.The number of radio-collared animals in each survey polygon should be determined immediately before or during the helicopter survey,by additional personnel,using aerial fixed-wing or ground monitoring.These animals serve as “marked”animals in the calculation of abundance estimates using mark-recapture methods (see below).The Global Positioning System base station at Anza- Borrego Desert State Parkheadquarters should be run during the entire survey so 208 that Global Positioning System location data can be corrected by staff at their General Plan office.All four individuals in the flight crew areconsidered observers, and each of the three passengers is assigned one of the following additional tasks:(1)to monitor theprogress of the flight on a topographical map, advise thepilot of polygon boundaries,and record the location of each observed sheep on the map, (2)maintain a data sheet onto which the date, time,elevation, group size and composition,number of collared animals,and,possibly, identification of collared animal is recorded for each group of animals,or (3) record the flight of thesurveyand the location of each observed animal using a Global Positioning System unit.All observed animals should be classified as yearling ewe,adult ewe,yearling ram,Class II ram,Class III ram,Class TV ram, or lamb (classifications modified slightly from those used by Geist 1971).When possible, simultaneous double-counts should be conducted during each survey, followingthe methods of Graham and Bell (1989), to provide an additional abundance estimate. All sightings of feral animals and deer should be recorded during surveys.The location and condition of springs,tinaj as, and otherwater sources also should be recorded. Data Ana!yses Population estimates should be generated using estimators such as Chapman’s (1951) modification of the Peterson estimator (Seber 1982),or the joint hypergeometric estimator (e.g.,Neal et a!.1993).Estimates should be calculated separately for each sex and for the total population (rams and ewes combined).In the event that low numbers of collared rams prevent the estimation of ram numbers,the ram to ewe ratio and the estimated number of ewes can be used to generate an estimate of adult numbers.Confidence intervals (95 percent)should be calculated using methods such as those of Seber (1982).Simultaneous double- count data should be used to estimatethe number of groups missed and to generate an additional estimate of the minimum number of animals presentwithin the surveyed areas (Graham and Bell 1989).All reported results (e.g.,lamb to ewe orram to ewe ratios) should clearlystate whether or not yearlings are included. 209 Estimates should be generated forthe entire range,as well as for individual ewe groups.It is important to note that ewe group distribution maychange slowly over time.Monitoring of radio-collared ewes to determine ewe group structure will therefore, have to be continued,and stratification of survey datamay have to be modified slightly.Furthermore,ewe groupdelineations in the Santa Rosa Mountains south of Highway 74 and in the Vallecito Mountains still need to be more clearly resolved. Further considerations Initially,a sufficient number of active radio-collared animals must be present in each portion of the range foruse in mark-recapture estimate calculations. The number of collared animals should be sufficient to achieve an accuracy of plus or minus 25 percent with probability of 0.05,following the methods described in Krebs (1989)and Robson and Regier (1964),or approximately 30 percent of the estimated ewe population should be radio-collared.However, a “sightability” estimate maybe generated after additional multiple surveys are conducted, thereby eliminating theneed to maintain this percentage of radio-collared animals. This approach would be especially beneficial if/when population numbers become large. As batteries expire, collars become non-functional and the actual number of marked animals present in thesurvey areabecomes difficult to know. Only those bighorn sheep with functional collars should be usedas marked animals.This approach will require that bighorn sheep with “functional”collars be distinguishable from those with “nonfunctional”collars at a glance,from the helicopter.Therefore,an accurate inventory of all collaredanimals must be maintained and the choice of collar and eartag color combinations must be considered during collaring efforts.No newly collared animal should match (in collar and eartag color combination) an animal that is possibly still present in the field. Within a polygon,an attempt should be made to “sweep”across the survey area, rather than flying over an areamore than once.This method will reduce the chance of double counting animals. Helicopter activity at times cause bighorn sheep to move (Bleich et a!.1994);therefore,adjacent polygons should,when 210 possible,be flownconsecutively so that groups canbe recognized and possible double counts eliminated.The flight polygons delineated in this document were chosen,in part, so that natural breaks in topography or roadways coincided with polygon boundaries. Data should be maintained in an electronic data set that canbe used by investigators in the future.All raw data should be retained.That is,data should not be summarized before being entered into a data set. Waterhole Counts Frequency of Counts Waterhole counts should be conducted annually. Time of Counts Counts should be conducted at the same time every year so that yearly comparisons of ram:ewe ratios,lamb:ewe ratios, group size,and number of sheep observed at water sources are most meaningful.In addition,counts should be conducted during the hottest and driest time of the year to maximize the number of animals coming to drink atwater sources. Counts have typically been conducted during the July 4th weekend,and should continue to be held between mid June and the first week of July. Areas to be Counted Annual counts have been conducted in thesouthern part of the park (Carrizo Canyon area) during 1973 to 1982,and in thenorthern part of the park (San Ysidro Mountains, Coyote Canyon,and one site in the south SantaRosa Mountains) since 1971.Counts in the southern portion of the park were discontinued after 1982 because of the largenumber of volunteers that were needed to conduct counts atboth ends of theState park,and thecomplex logistics of organizing and getting teams set up in fairly remote count sites. Inthe past,the number of sites counted in each area has varied slightly across years because of variation in the number of available volunteers or unexpected problems (for example,a firenear count sites).Thenumber of sites did not 211 significantly influencethe number of sheep counted in each portion of the range (Rubin et a!.1998).However,an attempt should be made to keep the number and locations of count sites constant during future years.Prioritysites should be those that havebeen counted most consistently in the past.Additional or “secondary” sites should be counted when additional volunteers are available.Data analyses can then focus on data collected at “priority” sites,while “secondary” sites canbe used for more cursory monitoring of sheep presence. Count Techniques Teams of three to five observers should be assigned to each count site.Each team should include atleast two individuals who areexperienced at classifying bighorn sheep by ageand sex.At each count site,the entire team should be stationed at a location that allows observation of animals coming to a water source,while minimizing disturbance of the animals or interference with their use of the water source.These locations have been identified by Anza-Borrego Desert State Park personnel.While at these sites, observers should minimize noise and movement. Observations should be made during 7 a.m.to 5 p.m.on 2 consecutive days and 7 a.m.to 2 p.m. on the third day.During these periods,observers should systematicallyscan all areas within view and record all sheep observations on the supplied data sheet.Data to be recorded include date,time,temperature,group size and composition, the presence of collared animals,and,if possible, the identification of collared animals. Additionally,interactions among individuals (e.g.,breeding behavior,lamb nursing bouts)and observations of other species (e.g.,deer,coyotes, birds) should be recorded.The location of each group of bighorn sheep should be noted on a topographic map. Repeat sightings of individual sheep should be recorded as such,but they should not be counted.At the end of each day,each team should review and discuss their observations with neighboring teams so that repeat observationscan be identified and eliminated from the final tally. Data Analysis Theprimary use of data collected during waterhole counts is to monitor abundance trends.Rubin et a!.(1998) used count data to assess long-term trends. In this case,linear regression analysis wasused to determine if the number of 212 ewes observed per day showed an increasing or decreasing trendover a period of 10 to 26 years.If a sufficient number of collared animals are present in each ewe group area, abundance estimates can be generated for some ewe groups,using mark-recapture techniques.Lamb to ewe ratios can be calculated to monitor reproductive success of ewe groups.Most lambs are 3 to 5 months old during waterhole counts and these ratioswill not be directlycomparable to ratios generated from helicopter surveys,which represent lamb recruitment to an older (approximately 6 to 8 months)age.The reproductive status (lamb present versus not present)of individual radio-collared ewes can supplement observationaldata collected by biologists monitoring reproductive patterns of Peninsular bighorn sheep.Ram to ewe ratios should be generated for comparison among years.The rut typically peaks after July,so these ratios may underestimate the actual ram to ewe ratios since some rams maynot have joined ewe groups yet. Further Considerations To make waterhole count data as useful as possible for future investigators,it is important for teams to determine the composition of eachgroup as accurately as possible. Given the great distances sometimes involved,an effort should be made to equip each team with a spotting scope and at least one individual should be experienced at using it to observe and classify bighorn sheep. All new observers must complete a one dayorientation and training session ledby Anza-Borrego Desert State Park personnel.In addition,all new observers must be paired with individuals experienced at classifying bighorn sheep in the Peninsular Ranges (Bleich 1998). Data should be maintained in an electronic dataset for use in the future.All raw data should be retained. That is,data should not be summarized before being entered into a primary data set. Reinitiation of waterhole counts in the Santa Rosa Mountains should be considered. This approach may enhance theprobability of detecting relationships between aerial helicopter data and waterhole count data, thereby facilitating a retrospective interpretation of numbers of sheep in the Santa Rosa Mountains in the past. 213 References Bleich,V.C.,R.T.Bowyer,A.M.Pauli,M.C.Nicholson,and R.W.Anthes. 1994.Mountain sheep Ovis canadensis and helicopter surveys: ramifications for conservation of large mammals.Biological Conservation 70:1-7. Bleich,V. C.1998.Importance of observer experience in classifying mountain sheep.Wildlife Society Bulletin.In press. Chapman,D. G.1951.Some properties of thehypergeometric distribution with applications to zoological samplecensuses.University of California Publication in Statistics 1(7):131-160. DeForge, J.R.,E.M.Barrett,S.D.Ostermann,M.C.Jorgensen, and S.G. Torres.1995.Population dynamics of Peninsular bighorn sheep in the Santa Rosa Mountains,California, 1983-1994.Desert Bighorn council transactions 39:50-67. DeForge,J.R.,S.D.Ostermann,C.W.Willmott,K.B.Brennan, and S.G. Torres.1997.The ecology of Peninsularbighorn sheep in the San Jacinto Mountains,California.Desert Bighorn Council Transactions 41:8- 25. Geist,V.1971.Mountain sheep:a study in behavior and evolution.University of Chicago Press,Chicago.383pp. Graham,A.and R. B.Bell.1989.Investigating observer bias in aerial survey by simultaneous double-counts.Journal of Wildlife Management 53(4):1009-1016. Jorgensen, M. pers.comm.Calif Dept.Parks and Recreation. Krebs,C.J.1989.Ecological Methodology.Harper Collins Publishers. New York, N.Y.6S4pp. 214 Neal,A.K.,G. C.White,R.BruceGill,D.F.Reed,and J. H.Olterman.1993. Evaluation of mark-resight model assumptions for estimating mountain sheep numbers.J.Wildl.Manage.57:436-450. Robson,D.S.and H. A.Regier.1964.Sample size in Peterson mark-recapture experiments.Transactions of the American Fisheries Society 93 :215-226. Rubin,E.S.,W.M.Boyce,M.C.Jorgensen,S.G.Torres,C.L.Hayes,C.S. O’Brien,and D. A.Jessup.1998.Distribution and abundance of bighorn sheep in the Peninsular Ranges,California.Wildlife Society Bulletin 26(3):539-551. Seber,G. A.F. 1982.The Estimation of Animal Abundance.Charles Griffin and Company,Limited, London,England. Wehausen,J.D.,V. C.Bleich,B.Blong,and T. L.Russi.1987.Recruitment dynamics in a southern Californiamountain sheep population. Journal of Wildlife Management 51(1):86-98. 215 APPENDIX F.RECOMMENDED CONSERVATION GUIDELINES BACKGROUND Bighorn sheep in thePeninsular Ranges are afforded protection pursuant to the CaliforniaFish and Game Code (sections 4700 as a fully protected species and 2050 asa threatened species).Section 4700 of the Fish and Game Code does not allowfor issuance of permits or licenses to take fully protected mammals,except for scientific research,notwithstanding any other provision of law;therefore, a CaliforniaEndangered Species Act section 2081 permit that would authorize incidental take of Peninsularbighorn sheep cannot be issued.This take prohibition in turn limits the type of mitigation that canbe required pursuant to the California Environmental Quality Act.The sheep also is listed at 50 CFR § 17.11 by the U.S. Fish and Wildlife Serviceas an endangered species and protected against take at 50 CFR §17.21.Regulations that authorize take under prescribed circumstances arefound at 50 CFRParts 17 and 402. The California Environmental Quality Act requires that mitigation measures be identified and implemented for any significant impacts unless a finding of over- riding considerations is adopted.Section 15370 of the California Environmental Quality Act Guidelines provide five categories of mitigation measures: “...avoid, minimize,rectify,reduce or compensate.”These forms of mitigation are appropriate for bighorn sheep only to the extent that they avoid take of the species,pursuant to Section 4700 of the Fish and Game Code,and avoid take under 50 CFR §17.21,unless otherwise authorizedby the U.S.Fish and Wildlife Service under 50 CFR §17.22.Accordingly,the Fish and Wildlife Service and California Department of Fish and Game work with lead agencies and project proponents on a case by case basis to identify which forms of mitigation would be appropnate. OBJECTIVES The objective of these guidelines is to provide a set of consistent mitigation measuresfor project proposals that do not otherwise threaten sustainable bighorn sheep populations needed for recovery.Thesemitigation measures are not 216 intended for projects proposed in locations that would fragment habitat or preclude effectivereserve design and management of the species because those adverse effects cannot be offset.In such instances, theFish and Wildlife Service and California Department of Fish and Gamemay recommend additional avoidance,minimization,and mitigation measures to ensure against the likelihood of significantadverse effects that would impinge on take and jeopardy thresholds. Through proper coordination, our agencies will assist local, State,and Federal governments in identifying whether the adverse effects ofproject proposals can be mitigated to a level of insignificance,based on project location,size,and potential for indirect effects, which typically arethe primary criteriainfluencing the type and severity of impact.These guidelines mayrequire future modification based on the availability of new information on threats,ecological requirements, species status,etc. CONSERVATION MEASURES I.HABITAT COMPENSATION:Acquisition of off-site habitat maybe appropriateto offset any residual effects after application of appropriate avoidance and minimization measures.For projects adjacent to bighorn sheep habitat that provide infrastructure to support larger human populations,habitat compensation is generallyappropriate because of the consequent increased levels of human- related disturbance in adjoining open space.The cumulative effects of human disturbance maybe mitigated by acquisition of sheep habitat that would otherwise be vulnerable to future development. Projects adjacent to sheep habitat that do not result in indirect effects to adjoining sheep habitat generallylack a mitigation nexus. To maintain sustainable subpopulations (ewe groups),compensation habitat should be acquired within the range of the affected ewe group and at an elevation comparable to the impact.Bighorn sheep in the Peninsular Ranges are mainly threatened by habitat loss atlower elevations that provide unique resources unavailable farther up themountain slopes.Therefore,loss of unique or limiting resources at lower elevations cannot be offset by conservation of different resources associated with habitats at higher elevations. 217 Habitat acquisition promotes survival and recoveryby reducing the potential futureloss of bighorn sheep habitat through permanent protection of land currently available for development.Amount of compensation will be determined on a case by case basis becausethe effects of individual projects arevariable. A management endowment should accompany all acquired lands so that the responsible public agencyhas the ability to effectively manage conserved lands. II.FENCING:Fencing along the urban interface provides a barrier that separates bighorn sheep from urbanization threats (e.g.,disease and mortality associated with toxic plants,traffic,parasites,irrigated landscapes, pesticides, etc.). Fencing also can help mitigate the adverse effects of incompatible land uses adjoining sheep habitat.For example,fencing controls human access into habitat that may otherwise conflictwith management objectives to minimize human disturbance, especially during sensitive time periods,such as lambing.Landuses along the habitat edge should be designed to not introduce additional human disturbance. Recreational access should be provided only where access is coordinated with natural resource agencies and is consistent with management objectives in the regional trails plan. Fencing does not offset the effects of habitat loss and should be located alongthe edge and not within sheep habitat. A.Fencing should be mandatory for any new development in or adjacent to sheep habitat,where bighorn sheep havebegun or may begin using urban sources of food and water. B.Fences should be 2.4 meters (8 feet) high, chain-link or functional equivalent. C.Fences should not contain gaps in which sheep can be entangled [gaps should not be largerthan 11 centimeters (4.3 inches)]. III.TOXIC PLANTS: Landscape plants cancause sickness or death.Only local native plants should be used along the wildland interface.Known and potential toxic plants should not be used in areas accessible to bighorn sheep.Ornamental plants currently known to be toxic to sheep include oleander,Prunus species,and plants in the nightshade (Solanaceae)family. 218 IV.LAMBING SEASONAND HABITAT RESTRICTIONS:Seasonal restrictions during this period minimize impacts to bighorn sheep ata critical stage of their life cycle.Lambing habitat is often emphasizedbecause of the sensitive nature and behavior of ewes and lambs.Lambing habitat comprises those areas used for breeding,sheltering,and nurturing of lambs up to the time of weaning, including those areas occupied by ewes 1 monthbefore giving birth. Though the lambing seasoncan span themajority of the calendar year--from late winter through summer, January 1 through June 30 encompasses themajority of the lambing season.Trails that traverse lambing habitat should be managed during this period orrelocated outside of sensitive habitat areas. V.SUMMER WATER SEASON:Availablewater sources during summer months are highlyrestricted and bighorn sheep are vulnerable to disturbance in these areas.If summerrains fail,water mayremain scarce until the first winter rains.Accordingly, interagency cooperation willbe needed to adapt trails management prescriptions to the water requirements of bighorn sheep.Public education,signage, rangers,and other forms of management should be provided at appropriate locations to control access during this period. Title 14 of the Public Resources Code,Section 550(b)(1)and Sections 630(b)(l I) and (30) restricts access to waterholes on State lands in the SantaRosa Mountains. Closure periods are from June 15 to September 15. VI.WATER FEATURE DESIGN SPECIFICATIONS:Any artificial water features (e.g.ponds,lakes)in areas adjoining bighorn habitat should be designed to preclude shallow,vegetated edges that provide breeding habitat for Cu!icoides midges, an invertebrate disease vector forbluetongue virus.Water bodies should be designed with steep sides and depths at least 0.6 to 0.9 meters (2 to 3 feet) alongthe edge [see: Mullens,B.A.1989.A quantitative survey of Cu!icoides variipennis (Diptera:Ceratopogonidae)in dairy wastewater ponds in southern California. J.of Medical Entomology 26(6):559-565;and Mullens,B. A.and J. L.Rodriquez.1990.Cultural management of bluetongue virus vectors.Calif. Agriculture 44(l):30-32]. 219 WILDLIFE AGENCY RECOVERY AND MANAGEMENT RESPONSIBILITIES AUGMENTATION: Augmentation is a potential recoverytool that is addressed within the context of the recoveryplan and would be used until a self-sustaining population is established.The release of captive reared or translocated wild animals to establish new populations or supplement small populations are not acceptable mitigation measuresbecause they do not compensate for thepermanent loss of habitat or ensure the continued viability of habitat to support self- sustaining, wild populations. PREDATOR CONTROL:Predator control is a potential management tool available to the Fish and Wildlife Service and CaliforniaDepartment of Fish and Game to address specific situations.Bighorn sheep are adapted to survive natural levels of predation,drought,disease,competition,etc., which do not pose problems in properly functioning ecosystems.Because predator control is a temporary solution to remedy a short-termproblem, it does not constitute mitigation for the permanent loss of sheep habitat. 220 APPENDIX G.RESPONSE TO COMMENTS The following issues are a compilation of all substantive comments received by the Fish and Wildlife Service from technical reviewers, agencies,and the public, which were not otherwise responded to by directly incorporating changes intothe text of the final recovery plan.The issues are organized by general subject matter. LEGAL ISSUES Issue.~Designation of essentia!habitat i!lega!lv usurps authority over local !and use p!anning by imposing prohibitions on private property and mandating erection offences.Ident~fying private !ands for protection without committing Federa!funding orconservation incentives exposes !oca!government to property taking lawsuits because cities and counties lack thewherewithal to cooperate in implementation of theplan.To avoidrepresenting a moratorium on future deve!opment,can some deve!opment in essentia!habitat go forward if adequately mitigated,and fso,what criteria or standards would be used? Response:Essential habitat (in contrast to critical habitat,discussed below)is a nonregulatory indication of those areas we believe to be important to the conservation of bighorn sheep.The map is intended to provide information that can advance conservation efforts through theactivities of other agencies and the public.By sharing biological information,we intend to promote public policy decisions that balance the conservation needs of bighorn sheep with other competing land uses.As such,the designation of essential habitat does not affect the discretion of local and State governments or private landowners over land use decisions.Given the biological importance of the habitat to recovery,limited development could occur in essential habitat if adequatelymitigated and designed to be compatible with bighorn sheep recovery.Furthermore, the identification of areas with biological importance can provide a wider range of potential landuses that generateeconomic opportunity.For example,local governments and private landowners can structure economic incentives to conserve bighorn habitat by creating programs whereby developments in other areascan provide a source of income to land owners with habitat of higherconservation value.This mitigation bank concept has gained widespread acceptance in numerous other areas where 221 local government has created a mitigation nexus that avoids property taking lawsuits and promotes regional habitat conservation planning. Issue:Membership of theRecovery Team and peer review team consists of individuals whose livelihood depends on funding,permits, and recommendations from the State and Federal government.Therefore,these individua!s are reluctant to voice criticisms with the recovery planning process forfear of retribution.In addition,authors of thedraft recovery plan stand to gain financially by creating an open checkbook/cash cow with questionable research projects having no accountability. Response:At our invitation,members agreed to participate on the Recovery Team for the purpose of providing scientific advice to the Fish and Wildlife Service and cooperating agencies, including assistance in developing and implementing the recoveryplan. The draft recovery plan was largely written by team members who provided theinformation and opinions needed to complete a draft plan.Though consensus was achieved on most issues addressed by the team, we and cooperating agencies judged howbest to incorporate various views where full agreement was not reached.Many of the research topics recommended in the recovery plan are a reflection of scientific questions that remain unresolved.Any funding to address these researchneeds willbe directed on a competitive basis to the best qualified individuals available.Funding and permitting actions by us and cooperating agencies have and will follow applicable laws and regulations that ensure against preferential treatment and capricious behavior.Recovery Team members are not dependent upon the Fish and Wildlife Service or the listing of bighorn sheep for their continued livelihood.Members are under no obligation whatsoever and do not enjoy economic benefit for their voluntary participation on the Recovery Team. Issue:Undue reliance on unpublished information fails to justify thespending of $16M every 5 years for several decades.The conclusions,recovery criteria,and habitat mapping lack credibility due to theirreliance on over 100 unsupported citations and that underlying data were intentional4’withheld from public review. The public has a right to inspect all the unpublished information cited in the draft plan as an aid to provide informed comments; therefore, the public comment 222 period should be extended untilafter these data havebeen made available. Following the response to all commentsand correction of many deficiencies,the draft recoveryplan should be circulated again for public review. Response:The draft recovery plan wasbased on thebest available data,which includespersonal experience of credible researchers.Unpublished information cited in the draft recoveryplan wasdocumented and compiled prior to completion of thefinal recovery plan and has been available along with published papers,for public inspection. Any facts or interpretations based on unpublished information cited in the draft recoveryplan for which documentation could not be obtained havenot been included in the finalrecoveryplan.Justification for research recommended in the recoveryplan was not based on cited unpublished information but on consensus recommendations of the Recovery Team and concurrence bythe cooperating agencies.Upon reassessing the relative importance of the unpublished information cited in thedraft recovery plan to the findings and conclusions in therecoveryplan, we have determined that the unpublished information unavailable forreview in thedraft recovery plan did not materially affect any significant findings or recommendations in the final recovery plan. As a result, we elected to not reopen the public comment period. In response to any substantive comments received after review of the unpublished information, the recoveryplan may be appended, revised orupdated. Issue:The recovery plan is too general to meet thespec~ficcriteria at 16 U S.C. 1533(1).The unusable scale of the essential habitat map was intentionally vague and fails to meet the site speqfic standards for describing management actions necessary for recovery. Response:Section 4(f)of the Act requiresthat recovery criteria be measurable and site specific,with estimates of associated time frames and costs.We believe that these requirementshave been satisfied.The scale of the draft essential habitat map in the draft recovery plan wasdesigned to portray a specific concept outside and alongthe urban interface based on bighorn habitat requirements and principles of conservation biology.The draftmap was designed to elicit input from interested parties sothat the final map couldbest reflect the concerns of local interests. Weelected not to depict draft essential habitat in the draft 223 recovery plan at aparcel specific scale because it would have engendered unnecessary and unproductive controversy and suggested a predetermined outcome.We scheduled numerous meetings with all local jurisdictions and major landowners to refine the boundaries along the urban interface.As described below under the Essential/Critical Habitat section, consensus amongFederal, State,and local governments was achieved alongthemajority of the urban boundary. Issue: A recovery plan is unnecessary ~fbighorn sheep in the Peninsular Ranges are synonymous with the Nelson ‘s subspecies. Response:Section 4(f)of theAct requires preparation of recoveryplans for listed species wheneverprudent. This comment implies that bighorn sheep in the PeninsularRanges do not comprise an entitythat canbe listed under the Act. Pleaserefer to the Federal Register Notice,dated March 18,1998,aswell as section l.A.1.of the recovery plan, for a discussion of the applicability of our policy on implementing the Act’s provisions for listing distinct vertebrate population segments. Issue:The Fish and Wildlfe Service ‘s authority and intended use of the “Recommended Conservation Guidelines”in Appendix F is not apparent. Furthermore,the guidelines appear intended to restrictthe power and override thelegislative authority of lead agencies. Response:The Fish and Wildlife Service and Department of Fish and Game prepared these guidelines to assist local governments in their implementation of the California Environmental Quality Act and landuse decision making,not to usurp the discretion of other governmental agencies.It is our intention to provide consistent guidance as early as possible in the decisionmaking process sothat (1) our recommendations do not come as a surprise later on in the planning process, and (2)projects canbe designed to accommodatethe habitat requirements of bighorn sheep. 224 PROCEDURAL IS SUES Issue:The bibliograpiw contains many blanks for theauthors names,indicating that such information cannot be relied upon. Response:The blank lines in place of thename of an author is a bibliographic convention that indicates thesame author asfor thepreceding reference.In the final plan the bibliographic format has beenrevised to show full references. Issue.The recovery plan should describe how the public will track agency implementation of recovery tasks,be involved in prioritizing lands to be acquired, be involved in future modifications to recovery criteria,comment on land exchanges,etc.Similarly,thedraft recovery plan did not ident~fr how entities, such as local government,were expected to fulfil!assigned task responsibilities in theImplementation Schedule.The recovery tasks often lack site spec~city and do not ident~fy applicable mechanisms or responsible entitiesfor implementing the tasks.For example,the habitat protection objective for task 1.1 does not describe who,how,or where the action would be completed.As a result,affectedparties have been prevented from providing meaningful review of the recoveryplan. Response:Thepublic can track implementation by communicating directly with the agencies assigned to implement specific tasks.Progress and updates should be incorporated into the public education and outreach programs recommended in the recovery plan. The public may also track the extent of appropriations allocated by legislative bodies as an indication of agencycapability for implementing the recovery plan.Local governments should interpretthe recovery plan as guidance for contributing to the recoveryprocess. Many of the provisions in the recovery plan should be implemented through the regional habitat conservation plan sponsored by the CoachellaValley Association of Governments. This plan represents a stakeholders group that provides an opportunity for involvement by all interests.Any of the recovery tasks that apply to respective jurisdictions should be viewedas an opportunity to cooperatively participate with other agencies in the common goal of bighorn sheep recovery. We encourage local governments to use their applicable authorities for conservation/management of open space in the furtherance of bighorn recovery. 225 Participating agencies canprovide moredetailed guidance on theroles and responsibilities of local government as case specific questions arise.If the recoveryplan is updated or revised in the future,the public will be given another opportunity to comment on the plan. Issue:The recovery plan should contain an economic impact analysis to estimate the costs of recovery.The total estimatedcosts of recovery implementation should be determinedand provided to the public for comment beforethe recovery plan is approved.Projected funding levels for monitoring appear inadequate;~fa long-term monitoringprogram is needed,why are costs projectedfor only 5 years. Response:Though an economic impact analysis is not required by law or regulation, section 4(f)of the Act requires an estimate of costs to achieve recovery.We haveprojected total costs based on a rough estimate of 25 years to recovery,with moredetailed cost estimates for the first five years.Certain costs aredifficult to estimate accurately without detailed scopes of work,real estate appraisals,etc.As a result,cost estimates in the Implementation Schedule should be viewed asapproximations that inform the public and participating agencies about the resourceestimates necessary to achieve the recovery objectives of the recovery plan. Issue:The recovery plan should describe thestudy areasfor all research conducted in the Peninsular Ranges. Response:The reader should refer to the references cited to obtain more detailed information on the study methods of literature cited in the recovery plan. The purpose of this recoveryplan is not to compile and summarize all research conducted in the areaat issue. Issue:Reliance upon forthcoming planning efforts,such as the Coachella Valley multispecies plan to address immediate bighorn sheep conservation needs, unnecessarily defers actions needed to avertthe near-term risk of extinction. 226 Response:We are not aware of any suchdeferrals and intend to use our legal authorities under sections 4 (designation of critical habitat),7 (interagency consultation),and 10 (habitat conservation planning)whenever appropriate during the interim period while theCoachella Valleyplan is in preparation. Issue:The recovery plan should critically examine past management mistakes so that they are not repeated in the future. Response:Much of therecovery plan reflects on thepast (e.g.,section I.D)and looks to the future (e.g.,section II.D).Many of the Recovery Team members havemany years of experience in the PeninsularRanges and,therefore,have a solid historical perspective.A focused,intensive historical inquiry likely would result in arguable conclusions of dubious merit that could adversely affect current interagency cooperation.The purpose ofrecovery plans is to assess the current situation with a view towards future feasibility of implementing needed conservation actions. Issue:Many of the tables were not as descriptive as they could havebeen because (1)thetables excluded potentially available data,such as from years before orafter those presented in the tables,and (2)statistical analyses were not conducted. Response:In some instances,more recent datawere not available;in other cases, data from earlier years were not comparable because of different data collection methodologies;and in othercircumstances,available data have not yetbeen compiled and analyzed.Inmost instances,statistical analyseswere not included because this information wasprovided in the references cited and because the purpose of recoveryplans is more informative and prescriptive than analytical and quantitative. Issue:The recovery plan should discuss the financial situation of the Bighorn Institute,along with a detailed critique of overall operations. Response:Financial issues associated with the Bighorn Institute are not a concern of theFish and Wildlife Service or cooperating agencies.Overall operations 227 regarding research and captiverearing have beenthe subject of annual reviews by the California Department of Fish and Game prior to Federal listing and now fall under thepurview of section 10(a)(1)(A),not section 4(f)of the Act. Issue: A repositoryfor all data collected on bighorn sheep should be created and made available to the public at large. Response:Creation of such a repository would not be possible unless agencies and researchers donated proprietary information and personal property.The concept poses numerous legal,economic,and administrative issues that exceed our authorities and those of cooperating agencies. Issue:Numerous comments requested theFish and Wildl~fe Service and cooperating agencies to conduct additional research and further analyze data not in their possession before issuing a recoveryplan. Response:The Act’s mandate to use the best available informationdoes not require us to conduct additional research or obtain unavailable data as a prerequisite to preparing and completing recovery plans.A court stipulated settlement agreement requiredcompletion of the recovery plan under an established schedule. Issue:The draft recoveryplan focuses excessively on habitat conservation insteadofpopu!ation recovery;the various problems should be dealt with in order of importance. Response:As described in thedraft and final recoveryplans,multiple,apparently cumulative factors are depressing population levels, with contributingcauses differing among ewe groups.The relative importance of factors affecting reproduction,recruitment,and adult survival arepoorly understood in some ewe groups, though intensively studied in others.These complexities make itdifficult to determine relative importance and management priority.Therefore,we have and will address concurrently all probable factors affecting individual ewe groups to the extent possible.If thehabitat base upon which bighorn sheep depend is not 228 protected,sufficient space willnot be available to support “recovered” population levels. Issue:The Fish and Wildlife Service should list credentials of Recovery Team members. Response:By practice and for consistency,we do not provide this information regardingteam members. Members were selected for a variety of skills and experiences that may not be apparent from brief synopses. Issue:The Fish and Wildl~fe Service rejected,without explanation,many comments provided by Recovery Team members themselves.Disagreements within the team should be discussed in the recoveryplan. Response:The various views heldby members of the team were discussed openly at team meetings until a consensus emerged.Various iterations,including the final recoveryplan, havebeen reviewed multiple times by team members,and all comments have been incorporated intotherecoveryplan directly or after group discussion where furtherconsideration was warranted.We are unaware of any significant scientific disagreement within the team regarding the content of the recoveryplan. Regardless, the Fish and Wildlife Service and cooperating agencies assume ultimate responsibility fortherecovery plan,inasmuch as Recovery Teams function asexpert advisors to theFish and Wildlife Service. Issue:The peer review process of thedraft recovery plan was flawed,failed to address all the issuesraised and to follow academic protocol,and therefore, should not be referred to as peer review.The draft recovery plan misleads the public into thinking that the peer reviewers endorse the draftplan. Response:Thepeer review process referred to in the draft recovery plan represented separate technical and agency reviews prior to public release and was not intended to follow academic protocols.Though most of the comments received by the technical (peer)reviewers were addressed in the draft recovery plan, thedraft recoveryplan did not claim that the reviewers necessarily agreed with or endorsed the plan.The Recovery Team and Fish and Wildlife Service 229 have included and addressed in this list of issues and responses all substantive comments submitted by technical reviewers not otherwise incorporated into the draft or final recovery plans. Issue:Research tasks in the recovery plan should identify testable hypotheses. Response:The Recovery Team is not a research team;therefore,this recovery planrepresents a general strategy for recovery that identifies major research topics that should be pursued.It would not be appropriate to propose various experimental designs and hypotheses at this time because the additional level of analysis required should more properly occur whendetailed research proposals by individual researchers are prepared. Issue:The Recovery Team should include a trained land use planner to improve the effectiveness of coordinating conservation activities with localjurisdictions, such as the cities and counties. Response:One of the current Recovery Team members has an extensive backgroundin land use planning,havingworked in that capacity fornumerous jurisdictions for many years.In addition,several other members workroutinely with local government in land useplanning matters and have a thorough understanding of legal and procedural requirements needed to coordinate effective interagency conservation programs. ESSENTIAL/CRITICAL HABITAT ISSUES Issue:All localjurisdictions should be extendedthesame opportunity asthe Indian tribes in determining essential habitat boundaries.Failure to do so will doom the recovery planning effort. Response:Federally recognized Indiantribes enjoy a special relationship and trust privileges under numerous executive,legislative,and judicial mandates not extended to non-Tribal entities.Nonetheless,withinthe context of the Coachella Valley multispecies planning program, the Fish and Wildlife Service and California Department of Fish and Game convenednumerous meetings with city 230 and county governments to discuss and refine essential habitat boundaries in a process similar to that used with the tribes. TheFish and Wildlife Service, Department of Fish and Game, and local jurisdictions achievedagreement along virtually the entire urban boundary except for about six proposed project sites. TheFish and Wildlife Service and Department of Fish and Gamewill attempt to resolveresidual differences for each of the proposed developments through individual regulatory actions. Issue:The suggested 20 percent slope delimiting lower elevational boundaries in most cases liesbelow the 213-meter (700-foot)lower elevation limit described elsewhere in the recovery plan as the lower elevational limit ofsheep distribution. The essential habitat line should be set along the 213-meter (700-foot)elevation contour from Palm Springs to La Quinta,which would avoid lambing and wateringareas and provide opportunities for unrestricted hiking.Essential habitat should not extend onto the valleyfloor farther than existing wilderness or the proposed National Monument boundary.The map appears to represent a no growth effort that would extort extreme mitigation from developers. Response:The213-meter (700-foot) lower elevational limit of sheep distribution typically corresponds to the urban interface atthe northern end of the Coachella Valley,whereas in the southern end of the valley,the urban interface occurs along lower elevational contours.As described elsewhere,sheep in the Peninsular Ranges are adapted to survive at lower elevations and depend on lower elevational slopes and alluvial habitats for important resources.The extent of suitable habitat is influenced by soils,aspect, and other topographic features that do not necessarily correspond with fixed elevation contour lines,or wilderness and proposed monument boundaries,which were established for a variety of reasons apart from the habitatneeds of bighorn sheep. Issue. Habitat compensation should not be required for development adjacent to sheep habitat because development of thesefragmented areas would not affect sheep. Response:Most of the proposed development alongthe urban interface occurs within, rather than adjacent to, sheep habitat. As discussed in therecovery plan, 231 bighorn sheep in thePeninsular Ranges spend much of their time at lower elevations, where otherwise scarce resources,such as food and water, commonly occur. Flatter topographycontainsmore productive alluvial soils that support more diverse and nutritional foodsources than occurs on steeper, rockier slopes. Though alluvial habitats are more fragmented by urban development,these smaller patches still support habitat value,though much reduced from historical conditions.Development of habitat fragmentsalso indirectly affects sheep by supporting a largerhuman population that increases the amount of disturbance in adjoining sheep habitat.As long as suitable habitat conditions exist within the historical range of the species and development results in indirect adverse effects to sheep in nearby habitat,local governments have a mitigation nexus under the California Environmental Quality Act.Mitigationmeasures can be designed to conserve larger patches of comparable value habitatby requiring offsite habitat replacement, thereby contributing to theconservation of sheep even if smaller habitat fragments arepermitted for development. To contribute to recovery,we recommend that local governments consideroffsite habitat replacement for permitted development of residual habitats between the essential habitatboundary and 800 meters (2,624 feet)from toe of 20 percent slope. Issue:Proposed designation of essential habitat requires adequate legal notice to landowners in the vicinity of ha bitat proposed for conservation so that an opportunity to comment on the proposal is provided.The public comment period should be opened indefinitely until essential habitat is displayed on detailed aerialphotography and has been made available for public comment.A more detailed map of essential habitat then should be provided for public comment before the recovery plan is completed. Response:TheFish and Wildlife Service broadly announced a 45-day public comment period on the draft recoveryplan (64 FR 73057; December 29,1999), which was extended an additional week as a convenience to the public.This noticing process fulfilled all legal requirements.As described above,the Fish and Wildlife Service coordinatedwith affected interests in soliciting input and promoting discussion to achieve consensus on the essential habitat boundary. 232 Issue.The draft recovery plan does not adequately describe theimportance of the Mount San Jacinto State Park to sheep recovery. Response:The park is largely located above the elevationwhere bighorn sheep normally occur. Issue.~The essential habitat map should model food and water resourcesas was done for physiography. Response:Food and water resources generally are too dynamic to quantify because their distribution is a function of unpredictablyvariable rainfall patterns. For example,randomly occurring thunderstorms do not provide uniformly distributed moisture regimens throughout sheep habitat but ratherresult in localized green-up followinghigh intensity,short durationprecipitation events. Sheep typically respond to these sporadic events by exploitingephemeral sources of food and water.Patterns of sheep distribution relative to perennial water sources havebeen analyzed and discussed in Appendix B. Issue:The draft recovery plan did not identify the spec~fic projects previously approved by the Fish and Wildl~fe Service that would be excluded from areas mapped as essential habitat.Essential habitat should be designated on areas previously approved by theFish and Wildl~fe Service for development Wscient~fic data indicatethese areas should be part of critical habitatfor recovery.Essential habitat should include not yet constructed projects thathave been previously approved by the Fish and WiIdl~fe Service because these areas are neededfor sheep recovery. Response:TheFish and Wildlife Service completed section 7 consultation on the Ritz-Carlton Golf Course and Mirada development prior to release of the draft recoveryplan,and completed section 7 conferences on the Jimenez Pit,Cahuilla Zone Reservoir,and Shadowrock projects prior to listing.TheFish and Wildlife Service and project proponents agreed to reconfiguration ofproject designs and other conservation measures on the former four projects.Agreement on the latter project has not been achieved and the affected area is considered essential habitat 233 unless theproject is reconfigured to be consistent with the section 7 conference opinion. Issue:Critical habitat should be designated even fit divulges locations and consequently exposes sheep to harm. Response:On July 5,2000,theFish and Wildlife Service published a proposed rule (65 FR 41405)to designate critical habitat under a separate process pursuant to a recent settlement agreement with theplaintiffs who challenged our not prudent finding that accompanied the listing.This topic wasdiscussed in the proposed rule. Issue.The recovery plan should describe therelationship of essential habitat and critical habitat from a regulatoryand procedural perspective. Response:Though the two designations are similar in their focus on defining future survivaland recovery needs,they differ significantly from a regulatory perspective. Forpurposes of this plan,essential habitat is an informative designation intended to provide scientificguidance to cooperating agencies and the public,while critical habitat is statutorily defined with implementing regulations that govern Federal agency activity.Critical habitat receives protection under the Act through the prohibition against destruction or adverse modification of critical habitat as set forth under section 7 of the Act with regard to actions carried out,funded,or authorizedby a Federal agency.Aside from the protection that maybe providedunder section 7,the Act does not provide other forms of protection to lands designated as critical habitat.Critical habitat designation does not impose any restrictions to activities on private or othernon- Federal lands that do not involve aFederal permit,authorization,or funding.The process for designating critical habitat is distinct from the process forcompleting the recoveryplan. A proposal to designate critical habitat for thePeninsular bighorn sheep was published in the Federal Register on July 5,2000 (65 FR 41405). The essential habitat mapped in the recovery planhas the same boundary as the proposed critical habitat,with slightdiscrepancies introduced by a legal description for critical habitat along boundaries imposed by a township/range/section coordinate grid. 234 Issue: Undeveloped but fenced property should not be mapped as essential habitat. Response:Areas that can be enhanced or restored areincluded as essential habitat if theyare necessaryfor recovery.Fencing often does not establish an effective movement barrier to sheep, though it can cause entanglement,injury,and death. The Fish and Wildlife Service advises that fences constructed to exclude bighorn sheep couldresult in take if built atthe wrong location or improperly designed. Issue:The recoveryplan should provide more spec{fic guidelines to local jurisdictions for conserving habitat and reducing the effects of urbanization.For essential habitat to be effective,therecovery plan should provide guidance on future regulation of take undersections 7 and 10 of the Act,which should spec (17cally prohibit authorization offuture take f ewe group population levels drop below predetermined thresholds and/or populations increase to a point suggesting progress towards recovery.For example,the threshold approach used for predator management also could be applied to habitat loss. Response:Appendix Fwas designed to provide general guidelines that would fit most projects in or adjacent to sheep habitat.More specific guidelines would be difficultwithout a caseby case analysis of individual projects. The Fish and Wildlife Service cannot use recoveryplans to predetermine future regulatory decisions under sections 7 and 10 because the Act did not envision recovery plans as a regulatory mechanism. Issue:The draft recovery plan places inordinate importance on land use controls and too little emphasis on reducing predation pressure. By failing to manage threats under its control,such as predation, theFish and Wildl~fe Service unfairli’ shqis onerous regulatory impositions onto private property owners.Another commenter claimed that theacknowledged lack of understanding concerning factors limiting population viability undermines the credibility of the proposed land use controls,and that theuncertaintyover adverse effects of urban development eliminates any nexus for governmental regulation. 235 Response:The Fish and Wildlife Service intends on concurrent implementation of numerous recovery tasks commensuratewith available funding.Completion of the recovery plan provides a basis for increased funding allocations to cooperating agencies.Because numerous factors are depressing population growth, it would not be appropriate for theFish and Wildlife Service and cooperating agencies to attempt to prioritize threats and address only one at a time. Focusing solely on predator control and allowing continued loss of valuable habitat would be based on a theory that habitatlossdoes not adversely affect bighorn sheep.The available evidence suggests the opposite.The ewe groups adjoining metropolitan areas historicallyhave declinedto a greater degree and currently are more severely threatened with extirpationthan more southerlyand remote ewe groups that have not sustained substantial loss of habitat in the past. Issue:The draft recovery plan does not adequately identify the specific lands mapped as essential habitat and targets all available habitat without scientflcalh’ analyzing whetherportions of the area support any suitable habitat at all. Response:Appendix B presents a habitat model that analyzed a variety of habitat characteristics based on information in the scientific literature and distributional data throughout thePeninsular Ranges.Areas with unsuitable soils and topography were excluded,as were areasgreater than 800 meters (2,624 feet) from toe of 20 percent slope,though sheep are known to use these areas.Based on the wide-ranging movements of sheep in the Peninsular and other ranges throughout the desert southwest, sheep are known to use a broad range of habitats in desert environments.None of the areas mapped as essential habitat contains soils,vegetation,or topography that is unsuitable for use by sheep.Though sheep maynot use or occur in certain areas as frequently when population sizes are small and distribution is more constrained,it is sometimes difficult to track sheep movements, especiallywhen only a small percentage of certain subpopulations have radio collars.Thus,theknown distribution is always an underestimate of actual distribution. Issue:The designation of “essential habitat”is an illegal subterfugefor avoiding the statutory requirementfor designating critical habitat and analyzing consequent economic effects. 236 Response:Aproposal to designate critical habitat for thePeninsular bighorn sheep waspublished in the Federal Register on July 5,2000 (65 FR 41405),under terms of the settlement agreement referenced above.A notice of availability for the drafteconomic analysison proposed critical habitat designation was published in the Federal Register on October 19,2000 (65 FR 62691). Issue:Numerous land owners requested that their lands be specifically removed from areas designated as essential habitat because ofthe significant social and economic impacts that should be minimized per existing Fish and Wildlife Service policy on recovery planning. Response:As discussed above, the Fish and Wildlife Service has met with many landowners and agencies in an effort to refine the essential habitatboundary so that social and economicimpacts are minimized to the extent that thepotential for recovery is not compromised.These discussions resulted in substantial agreement with all parties involved over the vast majority of the urban interface. The resulting essential habitat boundary was designed to minimize economicconflict to the extent consistent with maintaining the likelihood of future recovery. Essential habitat differs significantly from critical habitat.Under critical habitat, exclusions are a procedural outcome of applying section 4(b)(2) and/or “special management”under the Endangered Species Act.Under 4(b)(2), economicand social impacts are evaluated. However, there is no such process identified for exclusions for essential habitatbecause recovery plans arenonregulatory documents designed to guide, not dictate,recovery of the species. Issue:The draft recovery plan was deficient because it did not quant~fy the acreage ofdiferent landownerships,historical distribution,and extent of proposed essential habitat. Response:Acreages were not calculated in the draftrecoveryplan because an updated landownership mapwas not available and aprecise boundary along the urban interfacewas not delineated. In the finalrecovery plan,land ownership is delineated with respect to essential habitat in Figure 4;however,the land ownership map is somewhat outdated and any acreage figures would be approximate.Approximate land ownershippercentages aresummarized in 237 Section I.E.of the plan.Historical trends along theurban interfaces are summarized in Section D.1. Issue:Lands that historicallynever were used by sheep should be identified.The term “unoccupied habitat”is scient~ficallv undefined and inappropriately used to describe unsuitable habitat from which bighorn sheep are absent. Response:Historical information prior to the use of aerial surveys and radio telemetry is of limited utility because the rugged topography and lack of roads throughoutthe Peninsular Ranges greatly restrictedthe extent of access on the ground.Therefore, it is not possible to reliablyconclude that certain areas were not used historically. Similarly,given the relatively small sample size of radio- collared sheep at present,especially rams (which are far more wide ranging than ewes), more recent data cannot be properly interpreted to conclude that sheep are absent from certain areas.Therefore,the remaining undeveloped portions of historical range constitutethe current distribution of bighorn sheep in the Peninsular Ranges.Use of theterms “occupied~~, “unoccupied~~,“suitable”,and “unsuitable”, aremore conceptual than empirical.Thus,theseterms add little to our understanding of sheep biology,and as aresult, the final recovery plan avoids use of this terminology. Issue: Given the tendency of sheep to not venturefar from escape terrain, justification in the recovery plan is not adequate to support the need for habitat up to 0.8 kilometer (0.S mile)from toe of 20 percent slope.Twenty percent slope does not represent effective escape terrain;therefore,a steeper slope should be usedfor ident{fying habitat in need of conservation.The recoveryplan does not adequately describe what constitutes a movement corridor on thedesert floor.If sheep avoid human disturbance,thefragmented habitat patches on the desert floor within the urban matrix would appear to have low habitat valuefor sheep. Response:Though sheep typically are found in steeper terrain,numerous records exist in the Peninsular Ranges and elsewhere of occurrences over 0.8 kilometer (0.5 mile)from escape terrain.The 0.8 kilometer (0.5-mile)distance was selected to capture the more typical movements onto the alluvial slopes.The 20 percent slope forescape terrain was takenfrom thepublished literature.As discussed in 238 Appendix B,a range of slopes have been recognized by various authors as escape habitat. Flatter topography encompasses moreproductive soils that support more diverse and nutritious forage that is seasonallycritical to sheep.Flatter topography also canbe importantfor dispersal and for sources of seasonal water. Sheep in other areas of the desert southwest have been knownto movemany kilometers across the desert floor to reach neighboringmountain ranges.Given the limited number of documented movements of this kind,not enough is known to delimit linkage dimensions.Rams are especially prone to use flatterareas farther removed from escape terrain.Ruggedness on flattertopographycan function as escapehabitatbut hasbeen difficult to measure and account for in studies published to date.The essential habitat map excludes the less frequently used and lower value habitats characterized by small patch size and proximity to human disturbance. Issue: Designation of essential habitat as proposed would restrict access for construction and maintenance of infrastructural facilities like flood control and water supply.Flood controlfacilities should not be included in essential habitat because any use by sheep is incidental to the primary purpose of these lands. Response:Case by case project reviews under the regulatory provisions of sections 7 and 10 of theAct will detennine whether construction of infrastructural facilities are compatible with sheep survival and recovery.Based on discussions with Riverside County Flood Control and Water Conservation District and Coachella Valley Water District,normal operations and maintenance of existing facilities would not conflictwith themanagement objectives for essential habitat. Flood control facilities typically occur in washes and alluvial habitat that have been most affected by historical habitat losses and often still support the same important habitat values as the surrounding areas.As such, these facilities are not defacto unsuitable or detrimental to sheep use.If reasonably managed,these areas can fulfill their intended function while atthe same time not conflicting with sheep use in the area. Issue:The recoveryplan does not discuss the possibility that past habitat loss from urbanization in the San Jacinto and northern Santa Rosa Mountains may 239 have resulted in irreversible population declines,rendering essential habitat designation in this area potentially useless. Response:The recovery plan strives to intensify management efforts to offset the loss ofhistoric habitat,and thereby maintain functional population levels in the future.If populations become extirpated and theRecovery Team and cooperating agencies determine that habitat areas are no longer capable of supporting self- sustaining populations, future revisions of the recovery plan maydelete essential habitat and management objectives for those areas. BIOLOGICAL ISSUES Issue: One commenter thought that the eyesight of bighorn equaling that of humans aided by 8-power binoculars should be emphasized. Response:According to Geist (1971),scientific evidence is not available to support this popular myth, which probablyoriginatedwith the experiences of hunters with the species. Issue:The regular sightings of bighorn sheep in Chino Canyon and Tachevah Canyon alleged by Fish and Wildlife Service biologists appear inconsistent with portions of the draft recovery plan that state bighorn sheep vanished from the northern San Jacinto Mountains after construction of the Palm Springs Aerial Tramway. Response:Though rams still rangenorth of Chino Canyon,ewes havenot been documented in the northern San Jacintos (north of Chino Canyon) since the late 1980’s.The tramway was constructed in the earlyto mid-1960’s. Issue:The high number of undetermined causes of death indicates that a better explanation is needed of how the deaths were discovered and how thecauses were diagnosed. Response:Most deaths were discovered from radiocollared animals because the fate of uncollared animals is far more difficult to ascertain.When dead animals 240 are found, the cause of death is sometimes difficult to determine because in many cases,coyotes and other scavengers have consumed the carcass so thoroughlythat the original cause of death (whether predation or not) cannot be determined. Issue: Some commenters thoughtthe recovery criteria of 25 ewes per 9 ident~fied regions and an average of 750 adults for delisting is too low to assure survival and recovery,and that theestimated rangewide carrying capacity of 1,000 sheep appears low.Another commenter thought the criteria requiring a minimum of 25 ewes in each ewe group would be too dfftcult to achieve. Response:The team and agencies decided that it would be difficult to justify a higher population level than wasknown historically,especially giventhe extensive habitat loss and fragmentation,and other factors that likely have reduced carryingcapacity over time.Team members most familiarwith the Peninsular Ranges assessed current and historic habitat quality,and made regional comparisons with otherbighorn sheep habitats in estimating current conditions and carrying capacity.The 9 regions were deemed capable of supporting in excess of 25 ewes, with the carryingcapacityin most of theregions substantially exceeding the minimum.Because 750 is an average figure,it would be necessary for thepopulation to rise above that level forsome period of time,likely in response to changingcarrying capacity.The averaging criterionwas selected because it allows natural population fluctuations and management flexibility.If the long-term carrying capacityexceeds 750 animals, the population likely would exceed the 750 minimum established in the recovery plan. Issue:The operations by theBighorn Institute are contributing to thedecline instead ofthe recovery of bighorn sheep.Alternative methods,such ason-the- ground surveys,should be used for estimating population size and distribution, instead of more highly disruptive helicopter flights.Helicopter censuses and captures arefar morestressful to sheep than researchers,hikers, and riders quietly moving through sheep habitat. Response:The Bighorn Institute conductshundreds of days of on-the-ground work and only about 6 days of helicopter work each year.Conducting on-the- ground studies is often not feasible on private property and could result in 241 significant disruption to sheep if implemented at a level needed to estimate population distribution and abundance at precision levels comparable to aerial techniques. Even at current levels,on-the-ground disturbance associated with research activities could be detrimental if not for rigorous safeguards.For example,Bighorn Institute biologistsregularly document through radio telemetry that their presence “bumps”or “pushes”sheep in flight away from them,atwhich point the field methodology requires backing off, which often prevents the recording of field data. Issue.Why is agricultural useadjoining bighorn sheep habitat considered a more compatible use,whereasresidential and resort developments are not? Response:Agricultural activities do not generate thehigh levels of secondary impacts,such as humanrecreation in adjoining habitat, as is typically associated with urban land uses.In addition,agricultural lands can be restored to sheep habitat,whereas urban land uses can not.Though agricultural lands were excluded from delineated essential habitat, several Recovery Team members recommended they be included because of their restoration potential. Issue: Numerous commenters inquired whether studies have been conducted and evidence exists for the presence of bighorn sheep on their lands. Response:We have included a mapwith known locality records to providea better indication ofbighorn sheep distribution. References cited throughout the recovery plan should be perused to determine study areas and methods. The lack of records for certain areas doesnot necessarily indicate that sheep are absent, only that their presencehas not been documented. Issue:The slow reproductive rate and long-term estimates for recoveryshould be accelerated by importing sheep to increase population levels. Response:Unless the factors that limit population growth in the Peninsular Ranges are addressed,it is unlikely that a program to introduce animals from outside areas would be successful.However, alleviating in situ decimating factors would allow theresident population to expand on its own, which would forego the 242 need for translocation.Importing animals also poses risks of disease transmission. Regardless,bighorn sheep populations throughout the Mojave Desert arecurrently depressed to the extent that surplus animals are not available for importation. Issue:Given the history ofpopulation declines in regions adjoining urban areas, it does not seem plausible for therecovery plan to claim that Peninsular bighorn sheep have a high potentialfor recovery. Response:The recovery plan attempts to build on past examples and taking action soon enough to reversethe decline of sheep in our mountains.The Recovery Team and cooperating agencies believethat the recovery potential is high if themanagement recommendations in the recovery plan are implemented. Issue:The further research and planning required through the captive rearing and augmentation guidelines in Appendix C does not recognize or expedite the immediaterecovery needs and issues thatmust be addressed in theshort-term. After many years of operation,these issues should already have been addressed and a plan ready to implement. Response:The existing operations of the Bighorn Institute are reviewed annually by the agencies and adjustments made if needed.Captive breeding forpopulation augmentation,population monitoring,and research have been and continue to be the primary emphases until changes in direction are agreed to by the Institute, agencies,and Recovery Team. Issue:One commenter suggested that thedraft recovery plan was deficient because a recent discovery of a desert bighorn sheep population in Ventura Countywas not addressed. Response:Sheep populations in Ventura County arenot included in the distinct population segment listed in the Peninsular Ranges and, therefore, arenot relevant to the recoveryplan. 243 Issue:Because bighorn sheep are wilderness animals,moreemphasis should be place on conservation efforts in Anza-Borrego Desert State Park,instead of urbanizing Coachella Valley,where prospects for success are less than in more remote areas. Response:Numerous subpopulations arenecessary to maintain the larger Peninsular Ranges metapopulation.Therefore, recoverywill require protection of all areas needed to maintain theconstituent subpopulations.This protection will require increased management emphasis and cooperation among land managers in urbanized areas. Issue:The limited dispersal and colonization capabilities contradict statements elsewhere in the recovery plan that bighorn sheep are wideranging animals dependant upon large tracks of habitat. Response:True,each individual is a wide-ranging animal with a relatively large home range.This behavior and knowledge of these areas is learned by the offspring, which is transmitted across generations.Though colonizations of new habitat are known to occur,theyare not a common event.Rams are more wide- ranging than ewes and areknown to move between mountain ranges and ewe groups. Issue:The draft recoveryplan does not clearly indicate how or whether models would be used to assist in gaining a better understanding of the interacting factors that place sheep at risk. Response:Models are a tool that help assimilate knowledge and understand factors that place bighorn sheep at risk,for later application through management prescriptions.Models should be used anytime theycan helpus to better understand bighorn sheep population dynamics,genetics,or ecosystems.Though the recovery plan provides examples of high priority issues that should be examined with models, the points atwhich a model would be appropriate are difficult to predict.Modeling is included in the section on research because it is an ongoing process that willhave to be applied and modified as questions arise and more data become available. 244 Issue:The recovery plan is biologically inconsistent,arguing on the one hand that human disturbance in wild areas causes them to avoid otherwise important habitat but on the hand arguing thatfences are needed to prevent sheep from being attracted to urban areas. Response:Bighorn sheep reactdifferently to various kinds of disturbance dependingon numerous factors,including location.The northern Santa Rosa Mountains ewe group is the only herd that has habituated to using the urban interface, yet when in wild habitat distant from theurban edge, these same sheep react similarly to nonhabituated herds—that is,individuals revert to normal wild behavior when away from the urban edge.Thereaction is perhaps most pronounced during the lambing season,when ewes with lambsare frequently displaced by human disturbance.This effect has been repeatedlydocumented through radio telemetry research,where sheep are sometimes inadvertently “bumped”or “pushed”fartheraway by researchers,even though the sheep are still hundreds of meters distant and not visible to theresearchers. In other words, behavioral reactions often depend on geographical and seasonal context,with the spectrum of contrasting responses to human stimuli most clearly evident within this ewe group. PREDATOR CONTROL ISSUES Issue:Radiocollars may render sheep morevulnerable to predation and therefore should not be used as prevalently as they are today. Response:We are not aware of data that indicates radiocollared animals are at greater risk of predation than uncollared animals.Nonetheless,cooperating agencies have attempted to balance the number of radiocollarsto minimize potential risk without compromising information needed to achieve population recovery. Issue:Whereas one commenter asserted that the proposed predator management measures were too laxand should be more aggressive in termns of moving predators from the area before they become an issue,another commenter claimed 245 that scientflc evidence was sufficient to indicate that mountain lion predation was not a problem and that management measures,therefore,were not warranted. Response:This issue was discussed vigorouslyby the team and agencies. Because documented mortalities were particularly high in certain ewe groups, the team and agencies decided the prudent course of action dictated a measured management response,which would be modified as more data became available. Issue.Predator management should be given higher priority than land management restriction because mortality to predators is the more likely limiting factor on bighorn populations. Response:The draft recovery plan and available evidence indicate that individual subpopulations are affectedby a variety of influences that affect population levels and that the combinations and relative strength ofthese influences typically differ among ewe groups and change over time.Therefore,the recovery plan focuses on the range of threats facing bighorn sheep.The recoveryplanprescribes predetermined criteria for initiating predator management and recognizes the importance of habitat protection so that recovered populations havesufficient space to inhabit. Issue:The long-term decline in habitat quality and deer populations in the Santa Rosa Mountains should be identified as a cause of high levels of mountain lion predation on bighorn sheep,with a strategy to reverse the situation.The recovery plan should more clearly establish the relationship of bighorn sheep to mule deer by superimposing a deer distribution map. Response:Mule deer typically occur athigherelevations thanbighorn sheep, though ranges may overlap regionally and seasonally,such as during the winter when deer in some areasmove to lower elevations.Traditional predator/prey theory holds that predator populations increase and decrease in response to fluctuatingprey populations. However, there are no data indicating that high levels of predation are due to declines in habitatquality or deerpopulations, or whetherprey switching maybe occurring in the Peninsular Ranges.Because data on habitat quality,as well as deer and mountain lion populations in the Peninsular 246 Ranges arenot sufficiently robust to provideinsight into these questions,the draft and finalrecoveryplans propose focused research to address this ecological issue. Issue:The recovery plan does not provide compelling evidence thatthe predator/prey system is not viable,and therefore,predators should not be managed unless a cause and effect relationship with bighorn population declines is established. Response:The high incidence of predation,comparatively lower adult survivorship ratesthan in other regions,and long-term population declines suggest to land managers that predation is a limiting factorto population growth in some areas of the Peninsular Ranges.The cooperating agencies haveagreed that this evidence is sufficient to promptresponsible but cautious management intervention. Issue:One commenter argued that counter to claims in the draft recoveryplan, the onlyavailable scientflc evidence indicates a declining trend in statewide mountain lionpopulations. Response:The evidence presented bythe commenter lacked associated statistical analysis; therefore,the statistical resolution of the data cannotbe evaluated and no -conclusion on population trend is possible. TRAIL ISSUES Issue:The constant presence of bighorn sheep along Highway 111 in Rancho Mirage indicates human activities, such as hiking and jeep use,may not create movement barriers,as suggested in the draft recoveryplan.Further information is requested to support why back roads and trails are detrimental to sheep when they are known to cross 6-lane highways (e.g.Highway 111 in RanchoMirage). Response:The recoveryplan cites numerous studies that have documented avoidancebehavior to human related disturbance (see Papouchis et al.1999 for example).Numerous records of vehicular related mortality provide further evidence of adverse effects.The recoveryplan seeks to remedythe maladaptive 247 behavior of habituation to urban sources of food and water so that sheep arebetter able to survive in thewild. Issue: A trails map to clarfy and accompany Table 10 is needed. Response:Though a good idea,an accurate trails map is not currently available. The cooperating agencies arepursing the development of such a map. Issue: Detailedmaps of lambing,rearing,and watering habitat are needed to just~fyany decisions to close trails. Response:The distribution of lambing,rearing,and watering habitat is incompletelyknown and,therefore,cannot be accurately mapped. The final recovery plan has been modified to include a more complete set of information upon which trails decisions should be based. Issue.’A permit system should be usedfor controlling trail use on all trails for which conflicts were identified in the recovery plan. Response:The cooperating agencies are working with interest groups in the formulation of a range of alternative trails strategies that include this option. Issue:The recovery plan should consider that in the San Jacinto Mountains,the existing trails network appearsto provide a passive disturbance boundary that may control sheep access to the urban interface and prevent exposure to the urban hazards experienced in the northern Santa Rosa Mountains.Consequently, seasonal or permanent trail closures could have unintended adverse effects. Response:A trails management plan prepared by the land management agencies and interest groups will considerthe merits of this comment.Certain adjustments to the existing trails network and associated monitoring could be implemented to improve upon this concept. Issue: More specificity is needed in describing where human disturbance and other indirect effects of urbanization is conflicting with sheep conservation. 248 Response:Human intrusion and associated disturbance has the potential to extend whereveraccess into habitat is provided.Though lambing and watering habitats areparticularly vulnerable, excessive human use throughouttheyear may also affect bighorn persistence. Issue.’Will mitigation credits be given for the eradication of invasive non-native plants? Response:Conservation measures for proposedprojects will be determined on a caseby casebasis through regulatory processes of local,State,and Federal agencies. Issue:The January through June trail conflicts in the San Jacinto Mountains appear excessive if the lambing season there extendsonly through mid-March. Response:The draft recovery plan stated on page 12 that DeForge et a!.(1997) found a similar onset to the lambing season in February in the San Jacintos. Cunningham found that lambing in CarrizoGorge extended only to mid-March. Lambs are critically dependent upon their mothers for severalmonths after birth. Issue:Rather than monitoring to ensure compliance withseasonal trail closures before allowing construction of trail reroutes out of lambing habitat,the recovery plan should allow simultaneous construction of alternative trail routes to enhance the effectiveness of seasonal closures on existing trails in lam bing habitat. Response:The final recovery plan has been modified to incorporate flexible approaches that will be provided in more detail in the trails management plan prepared by the cooperating agencies and interests.Without adequate management and monitoring, this approach could result in more trails and no reduction in use of problematic trails. FENCING ISSUES Issue:The draft recovery plan does not provide evidence for the effectiveness of the proposed fencing as a mitigation measure and fails to address the associated 249 financial and visual burdens.Except in areas with vehicular related mortalities, the needfor fencing is questionable,consideringthe potentially detrimental effects of severing habitat,restricting sheep movement,and rendering sheep more vulnerable to predation against fences.Alternatives to fences,such as nonmotorized trails adjoining development,which would provide a deterrent to sheep movement into urban areas,warrant more analysis.By imposing the mandate for fencing on private property without adequate justification,the draft recovery plan acted in an arbitrary manner in excess of statutory authority. Response:The cooperating agencies are open to alternativemeans of controlling sheep movements into urban areas.However,some landowners and jurisdictions have chosen fencingas an affordable and reliable solution to the problem of behavioral habituation.When installed,fences haveproven effective and aesthetic concernshavebeen addressed through alternative designs and alignments.Fencing alongthe urban interface is intended to benefit sheep by curtailing movementinto areas with unnatural sources of mortality and help reduce herd mortality rates to sustainable levels.The demonstrated loss of animals to vehicularrelated mortality,poisoning from landscaping plants, drownings, etc.,establish a legal nexus to warrantmeasures to prevent these adverse effects. NON-NATIVE ANIMAL ISSUES Issue:The recovery plan needs to establish a buffer zone between bighorn sheep habitat and cattle grazing,as was done for domesticsheep grazing, so that the risk of disease transmission is minimized. Response:There is no conclusive evidence to support a buffer zone for disease protection from cattle as there is for domestic sheep.The recovery plan recommends research on disease transmissionbetween livestock and bighorn,and if a buffer zone is shown to be warranted,future iterations of the recovery plan willbe amended accordingly. Issue:Cattle grazing and associatedfencing should not be allowed for various reasons,including disease hazards and risk ofphysical injury to bighorn sheep. 250 Response:Weagree that fencing should be minimized and eliminated if possible. If fencing is necessary,design guidelines have beendeveloped that minimize and prevent the risk of injury.Therecoveryplan establishes theneed to thoroughly review theappropriateness of cattle grazing in sheep habitat and take action if prudent. 251 Region 1 U.S.Fish and Wildlife Service Ecological Services 911 N.E.11th Avenue Portland,Oregon 97232-4181 October 2000