Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for the Arroyo Toad

We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the arroyo toad (Bufo californicus) pursuant to the Endangered Species Act of 1973, as amended (Act). A total of approximately 73,780 hectares (182,360 acres) in Monterey, Santa Barbara, Ventura, Los Angeles, San Bernardino, Riverside, Orange, and San Diego Counties, California, is designated as critical habitat. Critical habitat identifies specific areas that are essential to the conservation of a listed species and, with respect to areas within the geographic range occupied by the species, that may require special management considerations or protection. The primary constituent elements for the arroyo toad are those habitat components that are essential for the primary biological needs of foraging, breeding, growth of larvae (tadpoles) and juveniles, intra-specific communication, dispersal, migration, genetic exchange, and sheltering. All areas designated as critical habitat for the arroyo toad contain one or more of the primary constituent elements. We have not designated critical habitat on lands covered by an existing, legally operative, incidental take permit for the arroyo toad under section 10(a)(1)(B) of the Act, except for one area that has activities not covered by the habitat conservation plan (HCP). Subsection 4(b)(2) of the Act allows us to exclude from critical habitat designation areas where the benefits of exclusion outweigh the benefits of designation, provided the exclusion will not result in the extinction of the species. We believe that the benefits of excluding HCPs from the critical habitat designation for the arroyo toad will outweigh the benefits of including them. In areas where HCPs have not yet had permits issued, we have designated critical habitat for lands essential to the survival and conservation of arroyo toads and that may require special management considerations or protections. Section 4 of the Act requires us to consider economic and other relevant