Endangered and Threatened Wildlife and Plants; Final Determination of Critical Habitat for the Bay Checkerspot Butterfly (Euphydryas editha bayensis)

<RM>We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the bay checkerspot butterfly (<IT>Euphydryas editha bayensis<RM>) (bay checkerspot), pursuant to the Endangered Species Act of 1973, as amended (Act). A total of approximately 9,673 hectares (23,903 acres) in San Mateo and Santa Clara counties, California, is designated as critical habitat. Critical habitat identifies specific areas that have the physical and biological features that are essential to the conservation of a listed species, and that may require special management considerations or protection. The primary constituent elements for the bay checkerspot are one or more of the following: stands of <IT>Plantago erecta, Castilleja exserta, <RM>or <IT>Castilleja densiflora; <RM>spring flowers providing nectar; pollinators of the bay checkerspot's food and nectar plants; soils derived from serpentinic rock; and space for dispersal between habitable areas. In addition, the following are each primary constituent elements to be conserved when present in combination with one or more of the primary constituent elements above: areas of open grassland, topography with varied slopes and aspects providing surface conditions with warm and moderate to cool temperatures during sunny spring days, stable holes or cracks in the soil and surface rocks or rock outcrops, wetlands providing moisture during times of spring drought. In addition, the following are each primary constituent elements to be conserved when present in combination with one or more of the primary constituent elements above: areas of open grassland, topography with varied slopes and aspects, stable holes or cracks in the soil and surface rocks or rock outcrops, and wetlands providing moisture during times of spring drought. Section 7 of the Act prohibits destruction or adverse modification of critical habitat by any activity funded, authorized, or carried out by any Federal agency. Section 4 of the Act requires us to conside