HomeMy WebLinkAboutAGENDA REPORT 2004 0526 CC SPC ITEM 04CMOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council 0 o
FROM. Barry K. Hogan, Community Development Director
Prepared By: David Bobardt, Planning Manager
DATE: May 25, 2004 (Special CC Meeting of 05/26/04)
SUBJECT: Consider Letter to U.S. Fish and Wildlife Service
Concerning Designation of Critical Habitat for the
Riverside Fairy Shrimp
BACKGROUND
Councilmember Mikos requested that an item be placed on the City
Council Agenda to consider whether the City should send a letter
of support to the U.S. Fish and Wildlife service for designation
of Critical Habitat for Riverside Fairy Shrimp.
DISCUSSION
An April 27, 2004, letter from U.S. Fish and Wildlife informed
the City of a proposed designation of Critical Habitat for the
Endangered Riverside Fairy Shrimp (Attachment 1). These shrimp
have been found only in certain vernal pools in Southern
California. The proposed critical habitat designation includes
two Ventura County vernal pools, one in the City of Moorpark,
and one within the City's Area of Interest in the Tierra Rejada
Greenbelt. The vernal pool proposed to be designated as
critical habitat within the City is the vernal pool preserve in
the Carlsberg Specific Plan area, west of SR -23 between Los
Angeles Avenue and Tierra Rejada Road. The vernal pool in the
Tierra Rejada Greenbelt proposed to be designated as critical
habitat is southeast of the Tierra Rejada Road on /off ramps at
the SR -23 Freeway. Attachments 2 through 4 include supplemental
information on the proposed critical habitat.
The impact of the Critical Habitat designation is that projects
involving federal lands or federal permits would require
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Honorable City Council
May 26, 2004
Page 2
conferring with the U.S. Fish and Wildlife Service to ensure
that the project would not jeopardize the continued existence of
the species or destroy or adversely modify its critical habitat.
Since the vernal pool in the Carlsberg Specific Plan is already
designated as a preserve, no substantial change to City
practices would be expected by this proposed rule. The
designation would add further protection to the vernal pool in
the Tierra Rejada Greenbelt, consistent with City policies to
protect and preserve ecologically- sensitive habitats (Land Use
Element Policy 15.2) and to preserve the Tierra Rejada Greenbelt
with agricultural and open space uses.
Written comments on the proposal may be submitted through May
27, 2004. Councilmember Mikos has suggested that the Council
consider whether the City of Moorpark submit a letter supporting
the proposed designation. Should Council wish to support the
proposed rule, a draft letter is included as Attachment 5.
STAFF RECObMNDAT20N
Direct staff as deemed appropriate.
Attachments:
1. April 27, 2004 letter from United States Fish and Wildlife
Service
2. April 27 2004 press release from United States Fish and
Wildlife Service
3. Frequently Asked Questions
4. Excerpts from Federal Register Listing of Proposed Rule
5. Draft Letter to U.S. Fish and Wildlife Service
00005'7
j�,Eti7 OF
United States Department of the Interior 1g�'
� a
FISH AND WILDLIFE SERVICE
Q 3... Ecological Services
Carlsbad Fish and Wildlife Office
6010 Hidden Valley Road
Carlsbad, California 92009
APR 2 7 2004
Subject: Proposed Designation of Critical Habitat for the Endangered Riverside
Fairy Shrimp (Streptocephalus woottoni)
Dear Interested Party: —.
The U.S. Fish and Wildlife Service (Service) published a proposed rule on April 27, 2004, to
designate approximately 5,795 acres of land in Ventura, Los Angeles, Orange, Riverside, and
San Diego counties as critical habitat for the endangered Riverside fairy shrimp (Streptocephalus
woottoni).
Critical habitat identifies lands that are essential to the conservation of a threatened or
endangered species. However, designation of critical habitat on privately owned land does not
mean the government would like to acquire or control the land. Activities on private lands that
do not require Federal permits or funding are not affected by a critical habitat designation.
Critical habitat does not require landowners to carry out any special management actions or
restrict the use of their land, but the Act does prohibit any individual from engaging in
unauthorized activities that will harm listed wildlife.
If a landowner needs a Federal permit or receives Federal funding for a specific activity, the
Federal agency will consult with the Service to determine how the action may affect the
Riverside fairy shrimp or its designated critical habitat.
The Service is accepting written comments on the proposal through May 27, 2004. Comments
may be sent to Field Supervisor, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road,
Carlsbad, California 92009 or by electronic mail to fw•Irvfs@fws.Qov.
If you are submitting comments via electronic mail, please submit them in ACSH file format and
avoid the use of special characters or encryption. Include "Attn: RIN 1018 -AT45" and your
name and return address in the message. If you do not receive a confirmation from the system
that we have received your e-mail message, please contact the Carlsbad Office directly at phone
number 760/431 -9440.
CC ATTACHMENT 1
TAKE PRIDE' r, i
INAMERIC� �- •.,,,�
000058
Enclosed you will find additional information about this proposal. Copies of the proposed rule
and other materials related to. this proposal may also be downloaded from the Internet at
http: / /carlsbad.fws.gov.
If you have any questions regarding this action or would like a copy of the proposed rule mailed
to you, please contact Joel.Pagel of.my staff at (760) 431 -9440, extension 277.
Sincerely,
A. Bartel
Field Supervisor
Enclosures
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000059
Department of the Interior
U.S. Fish & Wildlife Service
Carlsbad Fish and Wildlife Office
Hidden Valley Road ��•
Carlsbad, California 92009 �! ��
Phone: 760/431 -9440 News Fw
Fax: 760/431 -9624 _
http: / /carisbad.fws.gov Release
(SC) 04 -040
Contact: Jane Hendron, Carlsbad Fish and Wildlife Office - 760/431 -9440 ext. 205
For Release: April 27, 2004
SERVICE PROPOSES CRITICAL HABITAT FOR
ENDANGERED RIVERSIDE FAIRY SHRIMP
The U.S. Fish and Wildlife Service announced today it has issued a new proposed rule to designate
critical habitat for the Riverside fairy shrimp. This proposal follows the Oct. 23, 2000 legal challenge to
its previous designation of critical habitat for the species. Public comments on the proposal will be
accepted until 5:00 p.m. on May 27, 2004.
The Riverside fairy shrimp (Streptocephalus nuottoni) is a small, freshwater aquatic crustacean that
inhabits vernai pools in portions of southern California. Approximately 5,795 acres of land in Ventura,
Los Angeles, Orange, Riverside and San Diego counties, encompassing a mix of Federal, State, local
and private lands, are being proposed as critical habitat.
Six separate critical habitat units that cover the species' range are proposed: Transverse Range Unit, Los
Angeles Basin -Orange Unit, Western Riverside Unit, North San Diego Unit, Central San Diego Unit,
and South San Diego Unit. Each of the six proposed units corresponds to management areas identified
in the 1998 Recovery Plan for Vernal Pools of Southern California.
"The Service reviewed each area containing essential habitat to determine if special management
considerations or protection are already in place, or if the benefits of excluding an area from proposed
critical habitat outweigh the benefits of including it," said Steve Thompson, Manager of the Service's
California/Nevada Operations Office. "We relied on the recent amendments to the Endangered Species
Act (ESA) in the National Defense Authorization Act concerning critical habitat on military land — in
making our proposed determinations."
All the areas included in the proposed rule contain habitat components that Riverside fairy shrimp
require for foraging, sheltering, reproducing, and dispersing.
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CC ATTACHMENT 2
111!.1
The following areas were excluded from the critical habitat designation:
Land within the boundaries of the Orange County Central- Coastal Natural Communities
Conservation Plan/Habitat Conservation Plan, the San Diego Multiple Species Conservation
Program, and the draft Western Riverside Multiple Species Habitat Conservation Plan. The
Service determined that the benefit of excluding the lands was greater than the benefit of
including them in its proposal.
Land on the Marine Corps Air Station at Miramar. The station's Integrated Natural Resources
Management Plan, or INRMP, was found to provide a conservation benefit to the Riverside fairy
shrimp.
Mission - critical training areas on the Marine Corps Base at Camp Pendleton. National security
considerations were the basis for this exclusion.
To ensure adequate public — ""of of this proposal, maps are available for viewing that show lands
essential to the conservation of the Riverside fairy shrimp:
in mission - essential training areas on Camp Pendleton;
in areas covered by an INRMP;
in areas within completed or draft HCPs.
These maps can be found on the Internet at http : / /carlsbad.fws.go-v., The public may also visit the
Carlsbad Fish and Wildlife Office, by appointment, during normal business hours to view these maps.
The Service also is soliciting public comment on the proposed exclusions from critical habitat.
Vernal pools are temporary wetlands that fill with water during fall and winter rains. They are home to
many plants and animals that, in turn, form a valuable part of the food chain for a wide array of animals,
including birds of prey, shorebirds, migratory waterfowl, frogs, toads and salamanders, and pollinating
insects.
The Riverside fairy shrimp is found in vernal pools of moderate to deep depths from January through
March, during years of adequate rainfall. Adult Riverside fairy shrimp measure between one -half and an
inch in length and have a delicate elongated body, large stalked compound eyes and I 1 pairs of
swimming legs. They swim or glide gracefully upside down by using complex wave -like beating
movements of the legs that pass from front to back.
As a result of urban development, agriculture, off-road vehicle activity, livestock overgrazing and other
land uses, more than 90 percent of the vernal pool habitat in southern California has been destroyed or
otherwise impacted As the vernal pools have disappeared, populations of Riverside fairy shrimp and
other species that rely on this habitat have declined.
Critical habitat is a term in the ESA identifying geographic areas that contain the physical and biological
features essential for the conservation of a threatened or endangered species and that may require special
management considerations. The designation ofcritical habitat does not affect land ownership or
establish a refuge, wilderness, reserve, preserve, or other conservation area. It does not allow
government or public access to private lands.
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000061
In 30 years of implementing the ESA, the Service has found that the designation of critical habitat
provides little additional protection to most listed species, while preventing the Service from using
scarce conservation resources for activities with greater conservation benefits.
In almost all cases, recovery of listed species will come through voluntary cooperative partnerships, not
regulatory measures such as critical habitat. Habitat is also protected through cooperative measures
under the Endangered Species Act including Habitat Conservation Plans, Safe Harbor Agreements,
Candidate Conservation Agreements and state programs. In addition, voluntary partnership programs
such as the Service's Private Stewardship Grants and Partners for Fish and Wildlife program also restore
habitat. Habitat for endangered species is provided on many national wildlife refuges, managed by the
U.S. Fish and Wildlife Service and state wildlife management areas.
The proposed rule to designate critical habitat for the Riverside fairy shrimp was published in today's
Federal Register. Written comments on the proposed rule should be submitted to the Field Supervisor,
Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, California 92009. Requests for
a public hearing on the proposed rule must be submitted in writing to the above address no later than
5:00 p.m. on June 11, 2004- A separate announcement will be made when the draft economic analysis is
released to the public.
Comments may also be submitted by electronic mail to fwlrvfs @rl.fws.gov. Please submit electronic
comments as an ASCII file and avoid the use of special characters or encryption. Please include "Attn:
RIN-10 18-AI71" in your subject header and your name and return address in the body of your electronic
message. If you do not receive a confirmation from the system that your message was received, please
contact the Carlsbad Fish and Wildlife Office at 760/431 -9440.
The U.S. Fish and Wildlife Service is the principal Federal agency responsible for conserving,
protecting and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the
American people. The Service manages the 95- million -acre National Wildlife Refuge System which
encompasses 544 national wildlife refuges, thousands of small wetlands and other special management
areas. it also operates 69 national fish hatcheries, 63 fishery resource offices and 81 ecological services
field stations. The agency enforces Federal wildlife laws, administers the Endangered Species Act,
manages migratory bird populations, restores nationally significant fisheries, conserves and restores
wildlife habitat such as wetlands, and helps foreign governments with their conservation efforts. It also
oversees the Federal Aid program that distributes hundreds of millions of dollars in excise taxes on
fishing and hunting equipment to State fish and wildlife agencies.
-FWS-
For more information about the U.S. Fish and Wildlife Service, visit our home page at www.f vs.gov
3
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Frequently Asked Questions about
Proposed Critical Habitat for the
Endangered Riverside Fairy Shrimp
Q. 9%at is the Riverside fairy shrimp?
The Riverside fairy shrimp (Streptocephalus wootoni) is a freshwater crustacean that inhabits
vernal pools of moderate to deep depths. These pools are found in portions of southern
California and northwestern Baja California, Mexico. Riverside fairy shrimp are one of the most
restricted species of-freshwater fairy shrimp. The Riverside fairy shrimp's range is limited to
portions of Ventura, Los Angeles, Orange, San Diego, and Riverside counties in California.
Q. How much land is being proposed as critical habitat for the Riverside fairy shrimp?
The Service is proposing to designate approximately 5,795 acres of land in Ventura, Los
Angeles, Orange, San Diego, and Riverside counties as critical habitat for the species. Areas
proposed as critical habitat include vernal pools and associated watersheds that support the
species or are essential to its conservation.
In developing the proposed rule, the Service identified specific habitat components (primary
constituent elements) that are essential to the biological needs of the Riverside fairy shrimp.
Each of the areas proposed as critical habitat contain one or more of the following primary
constituent elements: (1) Small to large pools with moderate to deep depths that hold water long
enough for the incubation and reproduction of the species; (2) associated watersheds or
hydrologic features that support vernal pool basins and their related complexes; (3) fiat, gently
sloping, or slumping topography; (4) a collection of ephemeral wetlands and surrounding
uplands that form hydrologically and ecologically functional units; and (5) a soil type with a clay
component and/or impermeable surface or subsurface layer known to support vernal pools.
Q. Does the proposed designation of critical habitat create preserves?
No. The designation of critical habitat does not affect land ownership or establish a refuge,
wilderness, reserve, preserve, or other conservation area. It does not allow government or public
access to private lands and will not result in closure of the area to all access or use.
Q. Hose was essential habitat determined?
Jr. preparing this proposed rule, the Service reviewed information currently available about the
Riverside fairy shrimp and its habitat, including research and survey observations published in
peer- reviewed articles; Geographic information System data; information and public comments
obtained from the previous designation of critical habitat for this species; and information .
contained in the Recovery Plan for Vernal Pools of Southern California (U.S. Fish and Wildlife
Service, 1998).
As a result of the historic loss of about 95 percent of the vernal pools that once supported the
CC ATTACHMENT 3
11.11. 1
Riverside fairy shrimp, the remaining vernal pools and associated habitat are determined to be
essential to the conservation of the species.
Q. How does the proposed critical habitat relate to the Recovery Plan for Vernal Pools of
Southern California?
The Recovery Plan identifies eight Management Areas (MA), where recovery efforts for vernal
pool species should be focused. Six of the eight MAs contain at least one vernal pool that
supports Riverside fairy shrimp.
The proposed rule identifies critical habitat for the species in six separate units. Each of the
proposed critical habitat units correspond to the larger MAs that support Riverside fairy shrimp
occurrences as outlined in the Recovery Plan.
Proposed critical habitat units are identified as follows:
Unit 1: Transverse Range (Ventura and Los Angeles counties)
Unit 2: Los Angeles Basin- Orange (Los Angeles and Orange counties)
Unit 3: Western Riverside (Riverside County)
Unit 4: North San Diego (San Diego County)
Unit 5: Central San Diego (San Diego County)
Unit 6: South San Diego (San Diego County)
Q. Are all the areas proposed as critical habitat known to be occupied by Riverside fairy
shrimp?
No. The southeast Tierra Rejada vernal pool in Ventura County, located within the Transverse
Range Unit, has not been surveyed for Riverside fairy shrimp. It is considered essential to the
conservation of the species because the environmental conditions indicate it likely provides
habitat for the species.
Q. What areas were excluded from the proposal, and why?
Some essential habitat for the Riverside fairy shrimp is being excluded from this proposal, in
accordance with relevant policy and guidance.
Pursuant to the 2004 National Defense Authorization Act (Section 318 Military Readiness and
Conservation of Protected Species), if a military facility puts into practice an "Integrated Natural
Resources Management Plan (INRMP), and the Secretary of Interior determines in writing that
the plan provides a benefit to the species, critical habitat is not designated on those areas subject
to the INRMP.
Under an amendment of section 4(b)(2) of the Act critical habitat is to be designated after taking
into consideration the economic impact, national security, and any other relevant impact, of
specifying any particular area as critical habitat.
Lands on Marine Corps Air Station, Miramar (MCAS, Miramar) have been identified as
essential to the conservation of Riverside fairy shrimp; however, this site was excluded from the
proposal because MCAS, Miramar has an INRMP in place and the Service determined it
provides a benefit to the species.
Essential habitat for the Riverside fairy shrimp is also found on Marine Corps Base, Camp
11!1.•1
Pendleton (Camp Pendleton). In preparing this proposed rule, the Service excluded essential
habitat that occurs within mission - essential training areas on Camp Pendleton. Some non
training areas and lands leased by Camp Pendleton to the State of California are being proposed
as critical habitat because they are essential to the conservation of the species and may require
special management or protections.
The Service is requesting comments from the Department of Defense on the• conservation benefit
for the Riverside fairy shrimp from Camp Pendleton's INRMP.
The Service excluded lands within the boundaries of the Orange County Central- Coastal Natural
Communities Conservation Plan/Habitat Conservation Plan (NCCP/HCP), the San Diego County
Multiple Species Conservation Program (MSCP), and the draft western Riverside Multiple
Species Habitat Conservation Plan (MSHCP). Essential habitat within the boundaries of these
completed or nearly completed plans was excluded because the Service determined the benefit of
excluding them was greater than the benefit of including them in the proposed rule.
Although the Service excluded these essential lands from the proposed rule, the public is still
invited to comment on whether these areas warrant exclusion and what basis should be used for
not designating these areas as critical habitat.
Q. Are any Tribal lands proposed as critical habitat for the Riverside fairy shrimp?
No.
Q. Why is the Service re proposing critical habitat for the Riverside fairy shrimp?
In compliance with a Court order, we published a final rule in the Federal Register on May 30,
2001, designating approximately 6,875 acres of land as critical habitat for the Riverside fairy
shrimp. On November 6, 2001, the Building Industry Legal Defense Fund, along with other
parties, filed a lawsuit in the U.S. District Court for the District of Columbia challenging the
designation. Subsequently, the Center for Biological Diversity and Defenders of Wildlife, Inc.
were granted permission by the Court to intervene as defendants in the case.
On October 30, 2002, the Court vacated the previous designation of critical habitat and ordered
the Service to prepare a new rule and economic analysis. In compliance with the Court's order,
a new economic analysis will be prepared for this rulemaking. Once the draft analysis is
completed it will be released for public review and comment.
Q. How do T comment on this proposed rule?
To ensure that any final action resulting from this proposal will be as accurate and as effective as
possible, the Service is seeking input from the public, other government agencies, the scientific
community, industry representatives, and any other interested party. In particular, the Service is
seeking comments regarding:
(1) the reasons why any area should or should not be determined to be critical habitat
as provided by section 4 of the Act, including whether the benefits of designation will
outweigh any threats to the species due to designation;
(2) specific information on the amount and distribution of Riverside fairy shrimp
habitat, and what habitats or habitat components are essential to the conservation of this
species and why;
000065
(3) land use designations and current or planned activities in the subject areas and
their possible impacts on proposed critical habitat;
(4) any foreseeable economic or other potential impacts resulting from the proposed
designation, in particular, any impacts to small entities;
(5) essential habitat areas on MCAS, Miramar, mission - critical training areas on
Camp Pendleton; areas within the boundaries of the San Diego County Multiple Species
Conservation Program, Orange County Central Coastal Natural Communities
Conservation Plan/Habitat Conservation Plan (HCP), and the draft Western Riverside
Multiple Species HCP are tieing excluded from this proposed rule. The Service
specifically solicits comment on the inclusion or exclusion of these areas and: (a)
whether these areas are essential; (b) whether these areas warrant exclusion; and (c)
whether section 3(5)(A) or section 4(b)(2) of the Act should be the basis for excluding
them;
(6) information regarding impacts to national security associated with the proposed
designation of critical habitat; and
.(7) whether the approach to designating critical habitat could be- improved or .
modified in any way to provide for greater public participation and understanding, or to
assist the Service in accommodating public concerns or comments;
(8) the Service is also seeking information from the Department of Defense with
reference to recent amendments to the Act. This information will assist the Secretary of
the Interior in determining the benefit of INRMPs. for conservation of the Riverside fairy
shrimp on MCAS, Miramar and on Camp Pendleton.
Written comments and information on the proposed designation of critical habitat for.the
Riverside fairy shrimp will be accepted through 5:00 p.m. May 27, 2004, and should be sent to
Field Supervisor, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad,
California 92009. Requests for a public hearing must be submitted in writing to the Carlsbad
office by 5:00 p.m. on June 11, 2004.
Comments may also be submitted by electronic mail (e -mail) to fwlrvfs @rl.fws.gov. Please
submit e-mail comments in ASCII format and avoid the use of special characters or encryption.
Also, please include "Attn: RIN-1 01 8-AI71 " in the subject header, and your name and return
address in the body of your message. If you do not receive a confirmation from the system that
your e-mail has been received, please contact the Carlsbad Fish and Wildlife Office at 760/431-
9440. _
All comments received, either written or oral, are given equal weight and will be considered
during the decision - making process. Comments and materials received will be available for
public inspection, by appointment, during normal business hours, at the Carlsbad Fish and
Wildlife Office (phone: 760/431 - 9440).
Prepared by: U.S. Fish and Wildlife Service
Carlsbad Fish and Wildlife
Prepared on: April 27, 2004
1111..
Tuesday,
April 27, 2004
Part IV
Department of the
Interior
Fish and Wildlife Service
50 CFR Part 17
Fndangered and Threatened Wildlife and
Plants; Proposed Designation of Critical
Habitat for the Riverside Fairy Shrimp
(Streptocephalus woottoni); Proposed
Rule
CC ATTACHMENT 4
000067
23024 Federal Register /Vol. 69, No. 81 /Tuesday, April 27, 2004 /Proposed Rules
DEPARTMENT OF THE INTERIOR
Fish and Wildlife- Service
50 CFR Part 17
RIN 1018 -AT45
Endangered and Threatened Wildlife
and Plants; Proposed Designation of
Critical Habitat for the Riverside Fairy
Shrimp (Streptocephalos woottoni)
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), propose to
designate critical habitat for the
federally endangered Riverside fairy
shrimp (Streptocephalus woottonz)
Pursuant to the Endangered Species Ac
of 1973, as amended (Act). We propose
to designate a total of approximately
5,795 acres (ac) (2,345 hectares (ha)) of
critical habitat in Los Angeles, Orange,
Riverside, San Diego, and Ventura
Counties, California.
We hereby solicit data and comments
from the public on all aspects of this
proposal, including data on economic
and other impacts of the designation.
We may revise this proposal prior to
final designation to incorporate or
address new information received
during the two public comment periods.
DATES: We will accept comments until
May 27, 2004. Public hearing requests
must be received no later than June 11,
2004. A second comment period will be
opened upon the publication of the
pending economic analysis.
ADDRESSES: If you wish to comment,
you may submit your comments and
materials concerning this proposal by
any one of the following methods:
1. You may submit written comments
and information to the Field Supervisor,
Carlsbad Fish and Wildlife Office, U.S.
Fish and Wildlife Service, 6010 Hidden
Valley Road, Carlsbad, California 92009.
2. You may hand - deliver written
comments and information to our
Carlsbad Fish and Wildlife Office, at the
above address, or fax your comments to
760/731 -9618.
3. You may send your comments by
electronic mail (e -mail) to
fW1rvfS0r1.fws.gov. For directions on
how to submit electronic filing of
comments, see the "Public Comments
Solicited" section below.
All comments and materials received,
as well as supporting documentation
used in preparation of this proposed
rule, will be available for public
inspection, by appointment, during
normal business hours at the above
address.
FOR FURTHER INFORMATION CONTACT:
Field Supervisor, Carlsbad Fish and
Wildlife Service (telephone 760/431-
9440; facsimile 760/431- 9618).
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
It is our intent that any final action
resulting from this proposal will be as
accurate as possible. Therefore, we
solicit comments or suggestions from
the public, other concerned
governmental agencies, the scientific
community, industry, or any other
interested party concerning this
proposed rule. Maps of essential habits
not included in the proposed critical
habitat are available for viewing by
appointment during regular business
hours at the Carlsbad Fish and Wildlife
t Office (see ADDRESSES section) or on the
Internet at http✓lcarisbad.fws.gov. On
the basis of public comment, during the
development of the final rule we may
find that areas proposed are not
essential, are appropriate for exclusion
under section 4 (b) (2), or are not
appropriate for exclusion, and in all of
these cases, this information would be
incorporated into the final designation.
We particularly seek comments
concerning:
(1) The reasons why any areas should
or should not be determined to be
critical habitat as provided by section 4
of the Act, including whether the
benefits of designation will outweigh
any threats to the species resulting from
the designation;
(2) Specific information on the
amount and distribution of Riverside
fairy shrimp and its habitat, and which
habitat or habitat components are
essential to the conservation of this
species and why;
(3) Land use designations and current
or planned activities in or adjacent to
the areas proposed and their possible
impacts on proposed critical habitat;
4) Any foreseeable economic or other
potential impacts resulting from the
proposed designation, in particular, any
impacts on small entities;
(5) Some of the lands we have
identified as essential for the
conservation of the Riverside fairy
shrimp are not being proposed as
critical habitat. The following areas
essential to the conservation of the
Riverside fairy shrimp are not being
Proposed as critical habitat: Lands on
Marine Corps Air Station Miramar
(MCAS, Miramar); "mission - critical"
training areas on Marine Corps Base,
Camp Pendleton (Camp Pendleton),
areas within San Diego Multiple Species
Conservation Program (MSCP) and the
Orange County Central - Coastal Natural
Communities Conservation Program
(NCCP); and areas in the Draft Western
Riverside Multiple Species Habitat
Conservation Plan (MSHCP). These
areas have been excluded because we
believe the benefit of excluding these
areas outweighs the benefit of including
them. We specifically solicit comment
on the inclusion or exclusion of such
areas and: (a) Whether these areas are
essential; (b) whether these areas
warrant exclusion; and (c) the basis for
not designating these areas as critical
habitat (section 4(b)(2) of the Act);
(6) We request information from the
Department of Defense to assist the
t Secretary of the Interior in evaluating
critical habitat on lands administered by
or under the control of the Department
of Defense, specifically information
regarding impacts to national security
associated with proposed designation of
critical habitat; and
(7) Whether our approach to
designating critical habitat could be
improved or modified in any way to
provide for greater public participation
and understanding, or to assist us in
accommodating; public concerns and
comments.
If you wish to comment, you may
submit your comments and materials
concerning this proposal by any one of
several methods (see ADDRESSES
section). Please submit electronic
comments in ASCII file format and
avoid the use of special characters or
any form of encryption. Please also
include. "Attn: RIN 1018- AT45" in your
e-mail subject header and 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 internet message,
contact us directly by calling our -
Carlsbad Fish and Wildlife Office at
phone number 760- 431- 9440. Please
note that the e-mail address
"fwlrvfsC�rl.fws.gov' will be closed out
at the termination of the public
comment period.
Our practice is to make comments,
including names and home addresses of
respondents, available for public
review. Individual respondents may
request that we withhold their home
address from the rulemaking record,
which we will honor to the extent
allowable by law. There also may be
circumstances in which we would
withhold from the rulemaking record a
respondent's identity, as allowable by
law. If you wish us to withhold your
name and /or address, you must state
this prominently at the beginning of
your comment. However, we will not
consider anonymous comments. We
will make all submissions from
organizations or businesses, and from
individuals identifying themselves as
i 11 $-.';
Federal Register / Vol. 69, No. 81/Tuesday, April 27, 2004/Proposed Rules 23025
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
Comments and materials received will
be available for public inspection, by
appointment, during normal business
hours at the above address.
Background
Designation of Critical Habitat Provide
Little Additional Protection to Species
In 30 years of implementing the Act,
the Service has found that the
designation of statutory critical habitat
provides little additional protection to
most listed species, while consuming
significant amounts of conservation
resources. The Service's present system
for designating critical habitat is driven
by litigation rather than biology, limits
our ability to fully evaluate the science
involved, consumes enormous agency
resources, and imposes huge social and
economic costs. The Service believes
that additional agency discretion woul d
allow our focus to return to those
actions that provide the greatest benefit
to the species most in need of
protection.
Role of Critical Habitat in Actual
Practice of Administering and
Implementing the Act
While attention to and protection of
habitat is paramount to successful
conservation actions, we have
consistently found that, in most
circumstances, the designation of
critical habitat is of little additional
value for most listed species, yet it
consumes large amounts of conservation
resources. Sidle (1987) stated, 'Because
the ESA [Act] can protect species with
and without critical habitat designation,
critical habitat designation may be
redundant to the. other consultation
requirements of section 7."
Currently, only 445, or 36 percent of
the 1244 listed species in the U.S. under
the jurisdiction of the Service, have
designated critical habitat (Service
2004). We address the habitat needs of
all 1244 listed species through
conservation mechanisms such as
listing, section 7 consultations, the
Section 4 recovery planning process, the
Section 9 protective prohibitions of
unauthorized take, Section 6 funding to
the States, and the Section 10 incidental
take permit process. The Service
believes that it is these measures that
may make the difference between
extinction and survival for many
species.
Procedural and Resource Difficulties in
Designating Critical Habitat
We have been inundated with
lawsuits regarding critical habitat
designation, and we face a growing
number of lawsuits challenging critical
habitat determinations once they are
made. These lawsuits have subjected the
Service to an ever - increasing series of
s court orders and court- approved
settlement agreements, compliance with
which now consumes nearly the entire
listing program budget. This leaves the
Service with little ability to prioritize its
activities to direct scarce listing
resources to the listing program actions
with the most biologically urgent
species conservation needs.
The consequence of the critical
habitat litigation activity is that limited
listing funds are used to defend active
lawsuits and to comply with the
growing number of adverse court orders.
As a result, the Service's own proposals
to undertake conservation actions based
on biological priorities are significantly
delayed.
The accelerated schedules of court
ordered designations have left the
Service with almost no ability to
provide for additional public
Participation beyond those minimally
required by the Administrative
Procedures Act (APA), the Act, and the
Service's implementing regulations, or
to take additional time for review of
comments and information to ensure the
rule has addressed all the pertinent
issues before making decisions on
listing and critical habitat proposals,
due to the risks associated with
noncompliance with judicially imposed.
This in turn fosters a second round of
litigation in which those who will suffer
adverse impacts from these decisions
challenge them. The cycle of litigation
appears endless, is very expensive, and
in the final analysis provides little
additional protection to listed species.
The costs resulting from the
designation include legal costs, the cost
of preparation and publication of the
designation, the analysis of the
economic effects and the cost of
requesting and responding to public
comment, and in some cases the costs I
of compliance with National
Environmental Policy Act (NEPA), all
are part of the cost of critical habitat
designation. These costs result in
minimal benefits to the species that is S
not already afforded by the protections C
of the Act enumerated earlier, and they
directly reduce the funds available for s
direct and tangible conservation actions. i n
Please see the prior final rule R
designating critical habitat for the t o
Riverside fairy shrimp (66 FR 29384; p
May 30, 2001), which was subsequently
vacated, and the Recovery Plan for the
Vernal Pools of Southern California
(Service 1998) for a general discussion
of the biology of this species and vernal
pools ecosystems.
Status and Distribution
Prior to the discovery of the Santa
Rosa Plateau fairy shrimp and new
findings of Riverside fairy shrimp, the
Riverside fairy shrimp was believed to
have the most restricted distribution of
endemic California fairy shrimp (Eng et
al. 1990, Simovich and Fugate 1992).
The range of this species is still among
the most limited and includes Ventura,
Los Angeles, Orange, San Diego, and
Riverside Counties in southern
California, and Bajamar in Baja
California, Mexico (Brown et al. 1993;
Service 1998). With the exception of the
Riverside County populations, and the
population at Cruzan Mesa in Los
Angeles County, all populations are
within approximately 15 miles (mi) (24
kilometers (km)) of the coast. The U.S.
populations of Riverside fairy shrimp
range over a north -south distance of
approximately 125 mi (200 km).
The known populations of Riverside
fairy shrimp can be categorized into
core population areas and isolated
populations. The core population areas
are defined by multiple pools or pool
complexes containing Riverside fairy
shrimp that are within close proximity
(approximately 5 mi (8 kin)) of other
occupied pools and pool complexes.
Isolated populations are defined by.
single pools or pool complexes known
to contain Riverside fairy shrimp that
are separated from other known
locations by greater than 10 mi (16 km).
There are four core population areas and
seven isolated populations. The core
population areas are located in the
Orange County Foothills, Western
Riverside County, the southern coastal
portion of Camp Pendleton in San Diego
County, and Otay Mesa in San Diego
County. Isolated populations are found
near the City of Moorpark in Ventura
County, near the City of Santa Clarita on
Cruzan Mesa and at Los Angeles
nternational Airport in Los Angeles
County, at March Air Reserve Base
ARB) and near the City of Banning in
Riverside County, and in the City of
Carlsbad and on Marine Corps Air
tation (MCAS) Miramar in San Diego
ounty.
In Ventura County, Riverside fairy
hrimp occur within a single large pool
a grassland area at Carlsberg Ranch.
ecently, urban development adjacent
this pool appears to have affected the
ool's hydrology (Rick Farris, U.S. Fish
viii.'
23026 Federal Register /Vol. 69, No. 81 /Tuesday, April 27, 2004 /Proposed Rules
and Wildlife Service, personal
communication 2003).
In Los Angeles County, the species
occurs at the Los Angeles International
Airport and Cruzan Mesa. Habitat at
Los Angeles International Airport has
been impacted by occasional scraping
and draining of pooling areas; however
viable Riverside fairy shrimp cysts
persist (U.S. Federal Aviation
Administration at aL 2003). At Cruzan
Mesa, upland vegetation associated wi
the two occupied pools may have
recently been removed, which could
result in siltation of these pools (Rick
Farris, U.S. Fish and Wildlife Service,
personal communication 2003). In the
Spring of 2003, a limited number of
fairy shrimp cysts likely to be Riverside
fairy shrimp were found at Madrona
Marsh in the City of Torrence; however,
these cysts have not yet been identified
conclusively to the species level.
Ongoing work is being done in the area
to determine if there is a population of
Riverside fairy shrimp at Madrona
Marsh.
Vernal pools occupied by Riverside
fairy shrimp in Orange County occur at
the former MCAS El Toro, Edison Viejo
Conservation Bank, Saddleback
Meadows, O'Neill Regional Park, Live
Oak Plaza, Tijeras Creek, Chiquita
Ridge, and Radio Tower Road. The
Orange County populations of the
species occur primarily within vernal
pools farmed by depressions in
slumping earth or impounded
ephemeral streams (Riefner and Pryor
1996). Many of these pools have been
affected by grazing and urban
development (Service 2001). These
vernal pool complexes form a chain of
pools along the Orange County
Foothills. At the south end of this chain
is a pool located on the agricultural
lease land of Camp Pendleton, and at
the north end is the pool on the former
MCAS, El Toro.
In Riverside County, there are seven
naturally occurring populations, one
created population, and a proposed
creation of habitat for Riverside fairy
shrimp, all of which are located within
the planning area for the Western
Riverside County MSHCP. The naturally
occurring locations are the Banning
Pool, the vernal pools on March ARB,
the Australia Pool in the Lake Elsinore
Back Basin, the Schlinger Pool, the
Clayton Ranch Pools (slated for
relocation in Fiscal Year 2004- 2005),
the Scott Road Pool, and the Skunk
Hollow Pool and the Field Pool. An
artificial vernal pool complex has been
created at Johnson Ranch to offset the
impacts to a population of Riverside
fairy shrimp by the Redhawk
Development. Another artificial vernal
pool creation is planned on the Clayton
Ranch project to offset the taking of
Riverside fairy shrimp in the Clayton
Ranch Pool mentioned above. Riverside
the County populations represent the most
inland extent of the species' range
(Eriksen and Belk 1999). The type
, locality for the species was located
within Riverside County, but has since
been extirpated (Eriksen 1988). There
were also two pools known to contain
th Riverside fairy shrimp on, or near,
Tribal lands of Pechanga Band of
Luiseno Indians, however, the current
status of these pools is unknown.
In San Diego County, there are vernal
pools that contain Riverside fairy
shrimp in the coastal regions of the
County. In north coastal San Diego
County, the Riverside fairy shrimp
occurs in vernal pools on Camp
Pendleton and in a pool in the City of
Carlsbad. On Camp Pendleton, the
Riverside fairy shrimp locations are
concentrated in the south coastal
section of the base near Interstate 5
(Recon 2001) and a single slump pool,
mentioned above, on the northern
portion of the base on land leased to the
State of California (Michael Brandman
Associates 1998). The pools on Camp
Pendleton near Interstate 5 occur in an
area used for training exercises (Moeur
1998). The pool complex containing
Riverside fairy shrimp in Carlsbad is
conserved, but it is surrounded by urban
development. In central San Diego
County, there is a single occupied pool
on MCAS, Miramar east of Interstate 15.
In southern San Diego County, the
species occurs in several pool
complexes on Otay Mesa near the U.S./
Mexico border. There has been
significant work done to restore and
enhance vernal pools for listed species,
including the Riverside fairy shrimp, at
three sites on Otay Mesa; The Cal
Terraces site, Otay High School site, and
the Arnie's Point site. Other occupied
pools on Otay Mesa. are threatened by
off -road vehicle activity and urban
development (Bauder and McMillan
1998, The Environmental Trust 2003).
The Riverside fairy shrimp faces
threats throughout its range. These
threats can be divided into three major
categories: (1) Direct destruction of
vernal pools and vernal pool habitat as
a result of construction, vehicle traffic,
domestic animal grazing, dumping, and
deep plowing; (2) indirect threats which
degrade or destroy vernal pools and
vernal pool habitat over time including
altered hydrology (e.g., damming or
draining), invasion of alien species,
habitat fragmentation, and associated
deleterious effects resulting from
adjoining urban land uses; and (3) long-
term threats including the effect of
isolation on genetic diversity and
locally adapted genotypes, air and water
pollution, climatic variations, and
changes in nutrient availability (Bauder
1986; Service 1993).
P%evious Federal Actions
lease see the prior final rule
d 'gnating critical habitat for the
Riv ide fairy shrimp for a description
Of p vious Federal actions through May
2001 (66 FR 29384; May 30, 2001). For
the r ons outlined in that rule, we
have tennined that the designation of
critic habitat for the Riverside fairy
shrimp is prudent.
On N vember 6, 2001, the Building
Indus egal Defense Foundation,
Foothi tern Transportation
Corridor gency, National Association
of Home ilders, California. Building
Industry soolation, and Building
Industry ociation of San Diego
County file a lawsuit in the United
States Distri Court for the District of
Columbia ch lenging the designation of
Riverside f ' shrimp critical habitat
and alleging rs in our promulgation
of the final ru l On March 13, 2002, the
Court granted request of the Center
for Biological Di ersity, Inc. and
Defenders c, Wil life, Inc. to intervene
as defendants in a case. We requested
a voluntary rema and on October 30,
2002, the Court va ted the designation
and ordered the Se 'ce.to publish a
new final rule with pert to the
designation of critic habitat for the
Riverside fairy shrim (Building
Industry Legal Defers Foundation, et
al., v. Gale Norton, S etary of the
Interior, et al., and C er for Biological
Diversity Inc. and Def ders of Wildlife,
Inc. Civil Action No. 01- 311 (IDB)
(U.S. District Court, Dis ct of
Columbia)).
Critical Habitat
Please see the prior final le
designating critical habitat r the
Riverside fairy shrimp for a eneral
discussion on sections 3, 4, a d 7 of the
Act and our policy in relation o critical
habitat (66 FR 29384; May 30, 001).
Criteria for Defining Essential bitat
The Recovery Plan for Vernal oois of
Southern California (Recovery P )
(Service 1998) outlines areas tial to
the conservation of six species,
including the Riverside fairy shri
The Recovery Plan details the step that
are necessary to stabilize the declin of
these species and steps necessary to
recover these species to the point wh re
protection under the Act is no longer
required. These steps are essential for
the conservation of the Riverside fairy
shrimp.
0000'70
Federal Register /Vol. 69, No. 81 /Tuesday, April 27, 2004 /Proposed Rules 23035
TABLE 2.— APPROXIMATE PROPOSED CRITICAL HABITAT AREA (HA (AC)) BY COUNTY AND LAND OWNERSHIP. ESTIMATES
REFLECT THE TOTAL AREA WITHIN CRITICAL HABITAT UNIT BOUNDARIES
County
Federal*
Local /State
Private
Total
Los Angeles ..............................
Orange ....... ...............................
0 ac (0 ha) ......................t32
i ac (0 ha) ......................c
0 ha) .......................
(132 ha)
638 (258 ha} .......- ............
638 ac (258 ha)
Riverside .............. . ...
San Diego
146 ac ............................0
...............
he) .......................
2,156 ac (873 ha) ............
0 ac (0 ha) .......................
2,483 ac (1,005 ha)
146 ac
....... ..........................
Ventura ...... .............................
939 ac (380 ha) ..............c
0 ...... ...............................
(43 ha) .................
he)
971 ac (393 ha) ...............
2,017 ac (816 he)
(18 ...................
466 ac (189 ha) ...............
511 ac (207 ha)
Total .... ............................... 1 1,086 ac (439 he) 478 ac 093 ha) 1,713 ha 4,231 ac
( ) ......... 5,795 ac (2,345 ha)
*Federal lands include Department of Defense, U.S. Forest Service, and other Federal land.
TABLE 3.— APPROXIMATE PROPOSED CRITICAL HABITAT AREA (AC (HA)), ESSENTIAL AREA, AND EXCLUDED AREA
Area determined to be essential to the conservation of the Riverside fairy shrimp .......... 18,330 ac (7,418 ha)
Area not included pursuant to section 4(a)(3) of the Act due to an 1NRMP that benefits 113 ac (46 he)
Riverside fairy shrimp (MCAS, Miramar).
Area excluded pursuant to section 4(b)(2) of the Act: Completed and pending HCPs 9,414 ac (3,810 ha)
(San Diego MSCP, Orange County Central- Coastal NCCP/HCP and Western River-
side County MSHCP).
Area excluded pursuant to section 4(b)(2) of the Act: "Mission - critical" Department of 3,008 ac (1,217 he)
Defense lands (Camp Pendleton).
Proposed Critical Habitat ................................. 5,795 ac (2,345 he)
Lands proposed as critical habitat are
divided into six Units, which are based
on the Management Areas identified in
the Recovery Plan (Service 1998). The
Units are generally based on
geographical location of the vernal
Pools. soil types, associated watersheds,
and local variation of topographic
Position (i.e., coastal mesas, inland
vaIley). Descriptions of each unit and
the reasons for designating it as critical
habitat are presented below.
Map Unit 1: Transverse Range Critical
Habitat Unit, Ventura and Los Angeles
Counties, California (1,045 ac (423 ha))
The proposed Transverse Range Unit
includes the vernal pools at Cruzan
Mesa, Los Angeles County, and vernal
pools near the city of Moorpark in
Ventura County. These vernal pools
represent the northern limit of occupied
habitat for the Riverside fairy shrimp
and are some of the last remaining
vernal pools in Los Angeles and Ventura
Counties known to support this species.
The areas that are proposed for
designation of critical habitat in Unit 1
contain the primary constituent
elements described above relating to the
pooling basins, watersheds, underling
soil substrate and topography. The
majority of the land in this unit
Provides the essential watershed
Primary constituent element that
contributes to the pooling basins that
support the Riverside fairy shrimp.
There are two subunits of critical
habitat near the city of Moorpark in
Ventura County. The northernmost of
these two subunits is located on what
was formerly the Carlsberg Ranch.
Development has occurred adjacent to
this vernal pool, which is now protectec
from future development. The other
subunit in Ventura County is located a
short distance to the south of the
Carlsberg Ranch pool. This subunit has
not been surveyed for Riverside fairy
shrimp; however, it is considered
essential due to biotic and abiotic
conditions that indicate it is highly
likely it provides habitat for Riverside
fairy shrimp. This area. is currently in
private ownership and we are unaware
of any plans to develop this site. The
subunit in Los Angeles County is
located on Cruzan Mesa near the city of
Santa Clarita. It is within an area that is
being proposed by Los Angeles County
as a Significant Ecological Unit in its
General Plan. These pools ace isolated
from the other occurrences of Riverside
fairy shrimp, and the Ventura
Population is isolated from the
population at Cruzan Mesa. The
preservation and management of these
vernal pools are essential for the
conservation the populations of
Riverside fairy shrimp in the Transverse
Range Management Area described by
the Recovery Plan.
The occurrences of Riverside fairy
shrimp in northern Los Angeles County
and in Ventura County represent
isolated occurrences at the northern
most extent of the range of the Riverside
fairy shrimp. Conservation biologists
have demonstrated that populations at
the edge of a species' distribution can be
important sources of genetic variation
and represent the best opportunity for
colonization or re- colonization of
unoccupied vernal pools and, thus,
long -tern conservation (Gilpin and
Soule 1986; Lande 1999). These
outlying populations may be genetically
divergent from populations in the center
of the range and, therefore, may have
genetic characteristics that would allow
adaptation in the face of environmental
change. Such characteristics may not be
present in other parts of the species'
range (Lesica and Allendorf 1995).
Unit 2: Los Angeles Basin -Orange
rgement Area, Los Angeles and
ge Counties, California. (3,180 ac
( ha))
The os Angeles Basin- Orange
Manage ent Area encompasses two
distinct 'ans where Riverside fairy
shrimp
'air known to occur. coastal Los
Angeles Co nty; and the foothills of
Orange Co . Along the Los Angeles
County coast, here are two Riverside
fairy shrimp 1 ations: Los Angeles
International ort and Madrona
Marsh. In the vernal pools in
coastal Los Angel had a much greater
distribution (Matto 'and Longcore
1997). The other reg n in this Unit
includes vernal pools at occur along a
north -south band in th Orange County
Foothills. The areas tha a proposed
for designation of critic abitat in Unit
2 contain the primary co ituent
elements described above r ating to the
pooling basins, watersheds, derling
soil substrate and topography. The
majority of the land in this uni
provides the essential watershe
primary constituent element that
contributes to the pooling basins t
support the Riverside fairy shrimp.
000071-
Federal Register /Vol. 69, No. 81 /Tuesday, April 27, 2004 /Proposed Rules 23043
(8) Map Unit 2: Los Angeles Basin_
Orange Management Area, Los Angeles,
Orange and San Diego County ,
California. From USGS 1:24,000
quadrangle maps Venice, El Toro,
Santiago Peak, San Juan Capistrano,
Canada Gobernadora, and San
Clemente.
(1) Unit 2a: Lands bounded by the
following UTM NAD27 coordinates
(EA: 367600, 3756300; 367900,
3756300;367900,3756000,368100,
3756000;368100,3755800:368200,
3755800;368200,3755700;367800,
3755700;367800,3755800;367700,
3755800;367700,3756100;367600,
3756100;367600,3756300.
(ii) Unit 2b: Lands bounded by the
following UTM NAD27 coordinates
(E,N): 368400, 3755800; 3688600,
3755800;368600,3755700;368700,
3755700;368700,3755300;368300,
3755300;W8300,3755400;368100,
3755400:368100,3755600;368300,
3755600;369300,3755700,368400,
3755700, 368400, 3755800.
(iii) Map of critical habitat unit 2a- b
for the Riverside fairy shrimp follows:
000072
May 27, 2004
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING — BUILDING AND SAFETY — CODE COMPLIANCE
799 Moorpark Avenue, Moorpark, California 93021 (805) 517 -6200 fax (805) 529 -8270
www_ci moorpark.ca us
By First Class Mail and Facsimile
Jim Bartel, Field Supervisor
Carlsbad Fish and Wildlife Office
6010 Hidden Valley Road
Carlsbad, CA 92009
Fax: (760) 431 -9618
Dear Mr. Bartel,
RE., Proposed Critical Habitat Rule for the Riverside Fairy Shrimp
On May 26, 2004, the City Council of the City of Moorpark voted to support the
proposed critical habitat rule for the Riverside Fairy Shrimp currently being considered
by the U.S. Fish and Wildlife Service. The City is also pleased to see the addition of
Units 1A and 113 to the proposed critical habitat. These units includes portions of land
within the City of Moorpark, where the Riverside Fairy Shrimp have been identified, and
land in the City's Area of Interest within the Tierra Rejada Greenbelt. The Greenbelt is
an area of land with a formal agreement by the Cities of Moorpark, Thousand Oaks, and
Simi Valley and the County of Ventura to be preserved for open space and agricultural
uses. This proposed rule will help ensure that future federal actions will not be adverse
to the continued existence of the Riverside Fairy Shrimp in eastern Ventura County.
Please let me know if you have any questions.
Sincerely,
Barry K. Hogan
Community Development Director
C: Honorable City Council
Steven Kueny, City Manager
Deborah S. Traffenstedt,. ATCM /City Clerk
Chron
File
CC ATTACHMENT 5
PATRICK HUNTER JANICE PARvIN CLINT HARPER
Ma or RQSEANN MIKOS KEITH F. MILLHOUSE
Y Mayor Pro Tem Councilmember Councilmember Councilmember
000073