Final Rule Designating Critical Habitat for Nevin’s Barberry (Berberis nevinii)

February 29, 2008

In Reply Refer To:
6840 (CA930)P  

EMS TRANSMISSION: 2/29/08
Information Bulletin No. CA-2008-012

To:           District Manager, California Desert
                 Field Manager, Palm Springs-South Coast

From:      State Director

Subject:   Final Rule Designating Critical Habitat for Nevin’s Barberry (Berberis nevinii)

On February 13, 2008, the Fish and Wildlife Service published a final rule (Federal Register 73: 8411-8440) designating critical habitat for Nevin’s barberry (Berberis nevinii). (See Attachment 1.) Critical habitat subunit 1A (Big Oak Mountain Summit) encompasses approximately 5 acres of BLM land in the Vail Lake/Oak Mountain area of southwestern Riverside County. Two Berberis nevinii individuals of different sizes occur in this subunit near the summit of Big Oak Mountain at approximately 2,700 ft elevation. (See Attachment 2 for map showing known location data for Nevin’s barberry.)

Publication of this final rule imposes the substantive and procedural requirements of Section 7 of the Endangered Species Act with respect to all discretionary BLM actions that “may affect” designated critical habitat for Nevin’s Barberry. Effective March 14, 2008, we must comply with the interagency consultation procedures in 50 CFR 402.14 to ensure not only that any actions we authorize, fund, and carry out do not jeopardize the continued existence of the species, but also that they do not destroy or adversely modify designated critical habitat. Ongoing or recently completed consultations on projects or land use plans that overlap with designated critical habitat for Nevin’s barberry should be reviewed and updated, if appropriate, to ensure that critical habitat has been addressed.

Questions regarding this IB may be directed to Ed Lorentzen at (916) 978-4646.

Signed by:                                                                              
James Wesley Abbott                                                            
Associate State Director                                                        

Authenticated by:
Richard A. Erickson
Records Management

Attachment
  1 -   Final rule designating critical habitat for Nevin’s barberry (41 pp.)
  2 -   Map showing known location data for Nevin’s barberry near Vail Lake (1 p.)

Distribution
WO-230 (Attn:  Steve Lydick)
CA-610 (Attn:  Larry LaPre)
CA-660 (Attn:  Joyce Schlachter)