WSP06566

• File Number: 8058
• Description: General Endangered Species - not basin specific
• State: CO
• Basin: San Juan/Dolores
• Water Division: 7
• Date: 10/12/2004
• Author: Fish and Wildlilfe
• Title: Southwestern Willow Flycatcher - Federal Register - 50 CFR Part 17 - Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for Southwestern Willow Flycatcher
• Water Supply Pro - Doc Type: Publication

flLLl377

Federal Register/Vol. 59, No. 195/Tuesday, October 12, 2004/Proposed Rules

60717

dispersal. and migration. In those areas
where lake beds were included in the
proposed designation, we identified the
laKebed using the high water mark.
In this proposal. we consider the
riparian Zone to be the area surrounding
the select river segment, which is
directly influenced by river functions.
The boundaries of the lateral extent or
riparian zone (i.e., the surrogate for the
delineation of the lateral boundaries of
proposed critical habitat) were derived
by one of Iwo methods. The area was
either captured from existing digital
data sources (listed below) or created
through expert visual interpretation of
remotely sensed data (aerial
photographs and satellite imagery "also
listed below). Geographic Information
System fGIS] technology was utilized
throughout the lateral extent
determination. ESRI. Inc. ArcInfo 8.3
was used to perform all mapping
functions and image interpretation.
Pre-existing data sources used to
assist in the process of delineating the
lateral extent of Ule riparian zones for
this proposal included: (1) National
Wetlands Inventory (NWI) digital data
from the mid 1 9aO's. 2001. 2002; (2)
Federal Emergency Management Agency
(FEMA) 1995. Q3 100 vear nood data;
(3) U.S. Census Bureau Topologically
Integrated Geographic Encoding and
Referencing; and (4) (TtGER) 2000
digital data.
Where pre-exiting dala may not have
befln available to readily define riparian
zones. visual interpretation of remotely
sensed data was used to define the
]atr-ral extent. Data sources used in this
included: OJ Terraserver online Digital
Orthophoto Quarter Quads [DOQQs].
black & white. 1990's era and 2001 (3)
U.S. Geological Survey [USGS) DOQQs
1997: (3) USGS aerial photographs. 1
meter. color-balanced. and true color.
2002; (4) Landsat 5 and Landsat 7
Thematic Mapper, bands 4, 2, 3, 1990-
2000 (5) Emerge Corp. lmeter. true color
imagery. 2001; (6) Loca] Agency
Partnership. 2 foot. true color. 2000; and
(7) National Wetlands Inventory aerial
photographs. 2001-2002.
We refined al] lateral extents for this
proposed designation by creating
electronic maps of the lateral extent and
attributing them according to the
following riparian sub-classifications.
Riparian developed areas. as defined
below. are not included in our proposed
critical habitat designation since these
areas do not contain the primary
constituent elements (see "Primary
Constituent Elements" section above)
and. therefore. do not meet the
definition of critical habitat.
(1) Riparian Vegetated: This class is
used to describe areas still in a. natural

state. (i.e.. riparian forest. vegetated and
unvegetated wetlands. water bodies. any
undeveloped or unmanaged lands
wilh\n the approximate riparian zone).
(2) Riparian Developed: This class is
used to describe all developed areas
(i.e., urban/suburban development,
agriculture, utilities, mining/extraction).

Special Management Considerations or
Protection

As we undertake the process of
designating critical habitat for a species,
we first evaluate lands defined bv those
physical and biological features'
essential to the conservation of the
species for inclusion in the designation
pursuant to section 3(5)(A) of the Act.
We then evaluate tanus defined bv those
features to assess whether they may
require special management
considerations or protection. As
discussed throughout this proposed
rule. the southwestern willow flvcatcher
and its habitat are threatened by-a
multitude of threats such as loss and
modification of habitat due to
industria], agricultural. and urban
developments. A more detai led
discussion of threats to the
southwestern willow flycatcher and its
habitat can be found in-the final listing
rule [60 FR 10694. February 27. 1995).
the previous critical habitat designation
(62 FR 39129, July 22. 1997). and the
final recovery plan (August 2002).
The areas proposed for designation as
critical habitat will require some level of
management and/or protection to
address the current and future threats to
southwestern willow flycatchers and
maintain the primary cQr-stituent
elements essential to its conservation in
order to ensure the overall conservation
of the species. The designation of
critical habitat does not imply that lands
outside of critical habitat do not play an
important role in the conservation of the
flycatcher. Federal activities that may
affect those unprotected areas (such as
groundwater pumping. developments.
watershed condition. etc.) outside of
critical habitat are still subject to review
under section 7 of the Act if they may
affect the flycatcher. The prohibitions of
section 9 (e.g.. harm. harass. capture)
also continue to apply both inside and
outside of designated critical habitat.

Proposed Critical Habilal Designation

We are proposing stream segments in
21 Management Units found in 5
Recovery Units as critical habitat for the
southwestern willow flycatcher. These
stream segments occur in southern CA,
southern NY. southwestern UT, AZ,
NM, and south-central CO. The critical
habitat areas described below constitute
our best assessment at this time of the

areas essential for the conservation of
the southwestern willow flycatcher. In
order to help further understand the
location of these proposed stream
segments, as well as those areas being
excluded from this proposed
designation. please see the associated
maps found within this proposed rule or
examine them at hUp:/1
arizonaes.nvs.gov. The 5 Recovery Units
and associated stream segments are:
Coastal California Reco\'el}' Unit

(1) Santa Ynez Management Unit-
Santa Ynez River.
(2) Santa Ana Management Unit-
Bear Creek. Mill Creek, Oak G]en Creek/
Yucaipa Creek/Wilson Creek/San
Timotea Wash, Santa Ana River. and
Waterman Canyon.
(3) San Diego Management Unit-Las
Flores Creek/Las Pulgas Creek. San
Mateo Creek, Christianitos Creek. and
San Onafre Creek: Santa Margarita River
and DeLuz. Creek; S,m. Luis Rev River
and Pilgrim Creek; Agua Hedionda
Creek and Agua Hedionda Lagoon; San
Dieguito River. Lake Hodges. San Ysabel
River and Temescal Creek; Temecula
Creek; Cuyamaca Reservoir; and San
Diego River.
Basin and Mohm:e Recovery Unit ill
California

(4) Owens Management Unit-Owens
River.
(5) Kern Management Unit-SouUl
Fork Kern River (including upper Lake
Isabella).
(6) Mohave r-..fanagement Unit-Deep
Creek, Holcomb Creek. Mohave Ri ver.
(7) Salton Management Unit-San
Filipe Creek.
Lower Colorado Recovery Unit-
Nevada, California/Arizona border,
Arizona, Utah

(8) Little Colorado Management
Unit-Litlle Colorado River, West/East!
and South Forks of the Little Colorado
River. AZ.
(9) Virgin Management Unit-Virgin
River. NV/AZ/UT.
(10) Middle Colorado Management
Unit-Colorado River. AZ.
(11) pahranagat Management Unit-
Pahranagat River. Muddy River, NV.
(12) Bill Williams Management Unit-
Big Sandy River. Bill Williams River,
Santa Maria River (including upper
Alamo Lake), AZ.
(13) Hoover to Parker Management
Unit---Colorado River. CA/ AZ.
(14) Parker to Southerly International
Border Management Unit-Colorado
River, CA/AZ.