Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / Rules and Regulations 55791

Reference Center (Room 239), 1919 M 24. With this action, this proceeding is ACTION: Final rule. Street, NW, Washington, DC. The terminated. SUMMARY: The U.S. Fish and Wildlife complete text of this decision may also DATES: Effective November 24, 1997. Service (Service) determines be purchased from the Commission’s The window period for filing endangered status pursuant to the copy contractor, ITS, Inc., (202) 857– applications for Channel 227C1 at Endangered Species Act of 1973, as 3800, 1231 20th Street, NW, Wessington Springs, South Dakota, will amended (Act) for nine plants: Washington, DC 20036. open on November 24, 1997, and close Alopecurus aequalis var. sonomensis on December 26, 1997. List of Subjects in 47 CFR Part 73 (Sonoma alopecurus), Astragalus FOR FURTHER INFORMATION CONTACT: Radio broadcasting. clarianus (Clara Hunt’s milk-vetch), Sharon P. McDonald, Mass Media Carex albida (white sedge), Clarkia Part 73 of title 47 of the Code of Bureau, (202) 418–2180. Federal Regulations is amended as imbricata (Vine Hill clarkia), Lilium SUPPLEMENTARY INFORMATION: This is a follows: pardalinum ssp. pitkinense (Pitkin synopsis of the Commission’s Report Marsh lily), Plagiobothrys strictus PART 73Ð[AMENDED] and Order, MM Docket No. 96–124, (Calistoga allocarya), Poa napensis adopted October 1, 1997, and released (Napa bluegrass), Sidalcea oregana ssp. 1. The authority citation for Part 73 October 10, 1997. The full text of this valida (Kenwood Marsh checker- continues to read as follows: Commission decision is available for mallow), and Trifolium amoenum Authority: 47 U.S.C. 154, 303, 334, 336. inspection and copying during normal (showy Indian clover). These nine business hours in the FCC Reference species grow in a variety of habitats § 73.202 [Amended] Center (Room 239), 1919 M Street, NW., including valley grasslands, meadows, 2. Section 73.202(b), the Table of FM Washington, DC. The complete text of freshwater marshes, seeps, and blue oak Allotments under Iowa, is amended by this decision may also be purchased woodlands in Marin, Napa, and Sonoma adding New London, Channel 247A. from the Commission’s copy Counties on the central coast of Federal Communications Commission. contractors, International Transcription California. Habitat loss and degradation, John A. Karousos, Service, Inc., (202) 857–3800, 1231 20th competition from invasive plant species, Chief, Allocations Branch, Policy and Rules Street, NW., Washington, DC 20036. elimination through plant community Division, Mass Media Bureau. List of Subjects in 47 CFR Part 73 succession, trampling and herbivory by [FR Doc. 97–27943 Filed 10–21–97; 8:45 am] livestock and wildlife, collection for Radio broadcasting. BILLING CODE 6712±01±F horticultural use, and hydrological Part 73 of title 47 of the Code of alterations to wetland areas threaten the Federal Regulations is amended as continued existence of these plants. FEDERAL COMMUNICATIONS follows: This rule implements Federal protection COMMISSION and recovery provisions afforded by the PART 73Ð[AMENDED] Act for these nine species. 47 CFR Part 73 1. The authority citation for Part 73 DATES: Effective November 21, 1997. [MM Docket No. 96±124; RM±8813, RM± continues to read as follows: ADDRESSES: The complete file for this 8864] Authority: 47 U.S.C. 154, 303, 334, 336. rule is available for public inspection, by appointment, during normal business Radio Broadcasting Services; Winner § 73.202 [Amended] hours at the Sacramento Field Office, and Wessington Springs, SD 2. Section 73.202(b), the Table of FM U.S. Fish and Wildlife Service, 3310 El Camino Avenue, Suite 130, Sacramento, AGENCY: Federal Communications Allotments under South Dakota, is California 95821–6340. Commission. amended by removing Channel 253C1 from Winner, and adding Wessington FOR FURTHER INFORMATION CONTACT: ACTION: Final rule. Springs, Channels 227C1 and 252C1. Diane Elam or David Wright, SUMMARY: The Commission, at the Federal Communications Commission. Sacramento Field Office (see ADDRESSES section) (telephone 916/979–2120; request of Midwest Radio Corporation, John A. Karousos, facsimile 916/979–2128). substitutes Channel 252C1 for Channel Chief, Allocations Branch, Policy and Rules 253C1 at Winner, reallots Channel Division, Mass Media Bureau. SUPPLEMENTARY INFORMATION: 252C1 from Winner to Wessington [FR Doc. 97–27942 Filed 10–21–97; 8:45 am] Springs, South Dakota, and modifies Background BILLING CODE 6712±01±F Station KGGK(FM)’s construction Populations of the nine plant species permit accordingly (RM–8813). See 61 in this rule are found in Sonoma, Marin, FR 31489, June 20, 1996. At the request and Napa Counties, California. DEPARTMENT OF THE INTERIOR of Dakota Communications, Inc., we Astragalus clarianus (Clara Hunt’s milk- also allot Channel 227C1 at Wessington Fish and Wildlife Service vetch), Plagiobothrys strictus (Calistoga Springs, South Dakota, as the allocarya), and Poa napensis (Napa community’s second local FM 50 CFR Part 17 bluegrass) are found up to 70 kilometers transmission service (RM–8864). (km) (32 miles (mi)) inland in a variety Channels 227C1 and 252C1 can be RIN 1018±AD36 of habitats near the City of Calistoga in allotted to Wessington Springs in Endangered and Threatened Wildlife the Napa Valley, California. Alopecurus compliance with the Commission’s and Plants; Determination of aequalis var. sonomensis (Sonoma minimum distance separation Endangered Status for Nine Plants alopecurus), Carex albida (white sedge), requirements at city reference From the Grasslands or Mesic Areas of Clarkia imbricata (Vine Hill clarkia), coordinates. The coordinates for the Central Coast of California Lilium pardalinum ssp. pitkinense Channels 227C1 and 252C1 at (Pitkin Marsh lily), Sidalcea oregana Wessington Springs are North Latitude AGENCY: Fish and Wildlife Service, ssp. valida (Kenwood Marsh checker- 44–05–12 and West Longitude 98–34– Interior. mallow), and Trifolium amoenum 55792 Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / Rules and Regulations

(showy Indian clover) are found in historical occurrences were known from occurs near a geyser and some mesic areas mostly within 33 km (15 mi) Napa and Sonoma counties. Two of undeveloped thermal hot springs while of the central coast of California. these occurrences were extirpated by the other occurs at the airport in the city Urbanization, road construction, airport urbanization and viticulture (California of Calistoga. The combined area of the construction, development of hot Natural Diversity Data Base (CNDDB) two remaining populations is less than springs into commercial resorts, 1996). Of the remaining four 80 square meters (m2) (900 square feet agricultural land conversion, occurrences, three are found in (ft2)) (CNPS 1990). The overall trend for hydrological alteration of wetlands, northwestern Napa County and one Calistoga allocarya (Plagiobothrys waste disposal, competition with occurs in adjacent Sonoma County. strictus) is one of decline (CDFG 1991). invasive plant species, collection for These four disjunct occurrences are The species is threatened by horticultural use, or livestock grazing restricted to about 28 hectares (ha) (70 recreational activities, airport have eliminated or adversely impacted acres (ac)) (CNDDB 1996). The trend for maintenance, urbanization, and random much of the habitat and have extirpated Clara Hunt’s milk-vetch is one of events. Both populations are on private numerous populations of these plant decline as a result of habitat destruction land and neither is protected. species. Historically, these species have and modification (California Alan Beetle first described Poa not been known to occur outside of Department of Fish and Game (CDFG) napensis in 1946 from specimens that Alameda, Marin, Mendocino, Napa, 1991). Extant populations of A. he collected in a meadow moistened by Santa Clara, Solano, and Sonoma clarianus are variously threatened by seepage from hot springs, 3 km (2 mi) Counties. urbanization, recreational activities, north of Calistoga at Myrtledale Hot Willis Jepson (1925a) first described airport maintenance, elimination due to Springs, Napa County, California. This Astragalus clarianus in 1909 from plant community succession, treatment was retained by Soreng specimens collected by Clara Hunt in competition from invasive weeds, a (1993). Poa napensis is an erect, tufted the Conn Valley near St. Helena, Napa proposed water storage project, and perennial bunchgrass in the grass family County, California. Axel Rydberg (1929) random events. Populations occur on (Poaceae) that grows to 1 dm (4 in) in and Jepson (1936) later treated this private, State, and municipal land. height. Leaves are folded, stiffly erect, 1 taxon as Hamosa clariana and Edward Greene (1892) and Jepson mm (0.04 in) wide, with the basal leaves Astragalus rattani var. clarianus, (Abrams ex Jepson 1951) treated 20 cm (8 in) long and upper stem leaves respectively. Rupert Barneby (1950) Plagiobothrys strictus as Allocarya to 15 cm (6 in) in length. A few stiff, reestablished Astragalus clarianus as a stricta and Allocarya californica var. erect flowering stems appear in May and full species, a treatment retained by stricta, respectively, before Ivan grow 7 dm (27 in) in height. Flower Spellenberg (1993). Astragalus clarianus Johnston (1923) assigned the name, clusters occur as a pale green to purple, is a low-growing annual herb in the pea Plagiobothrys strictus, to specimens condensed, oblong-oval panicle 10 to 15 family (Fabaceae). It is a slender, collected on alkaline flats near sulphur cm (4 to 6 in) long and 2 to 5 cm (0.8 sparsely leafed plant, sparingly covered springs at Calistoga, Napa County, to 2.0 in) wide. Poa napensis most with sharp, stiff, appressed hairs. The California. This treatment was retained closely resembles P. unilateralis (ocean simple single or few basally branching, by Messick (1993). Plagiobothrys bluff bluegrass), but differs in leaf and stems ascend 7 to 20 centimeters (cm) strictus is a small, erect, annual herb panicle form and habitat. (3 to 8 inches (in)) in height. The leaves belonging to the borage family Poa napensis is found in grasslands are alternate, 1.5 to 6.0 cm (0.5 to 2.5 (Boraginaceae). It grows 1 to 4 and moist, alkaline meadows fed by hot in) long, with 5 to 9 uncrowded leaflets decimeters (dm) (4 to 15 in) in height. springs. The elevation range of this 2 to 10 millimeters (mm) (0.1 to 0.4 in) The nearly hairless plant has either a plant is 100 to 120 m (340 to 400 ft) long. The leaflets are oblong to obovate, single stem or branches from near the within a radius of 6 km (4 mi) of narrow at the base, and notched at the base. The linear lower leaves are 4 to 9 Calistoga. Historically, the range of this tip. Small flowers appear from March cm (1.5 to 4 in) long. Small, usually plant has been diminished by the through April. The petals are bicolored, paired, white flowers appear in March development of recreational hot springs with the wings whitish and the banner to April in a slender, unbranched and the growth of the town of Calistoga. and keel purple in the upper third. The inflorescence. The fruit is an egg-shaped Only two populations of the species are keel is longer and wider than the wings. nutlet about 1.5 mm (0.6 in) long, keeled known to exist, one near Myrtledale Hot The horizontal to declining seed pods on the back, with wart-like projections Springs which is restricted to a 100 m2 are narrow, linear, slightly curved, without any prickles. Plagiobothrys (1,100 ft2) area, and a second smaller pointed at both ends, and are borne on greenei, P. lithocaryus, P. mollis var. population of 100 plants nearby (CDFG a 1.5 to 2.5 mm (0.06 to 0.10 in) long vestitus, P. stipitatus, and P. tener have 1979). Both populations of P. napensis slender stalk. Astragalus rattanii var. ranges that overlap with that of depend on moisture from adjacent hot jepsonianus resembles A. clarianus, but Plagiobothrys strictus and occur in springs or surface runoff. Any action grows 10 to 36 cm (4 to 14 in) tall, has similar habitats, but they do not that would alter the hydrology or flow larger flowers, and has seed pods that resemble P. strictus and have not been from these hot springs would be are not elevated on a stalk. found at the known P. strictus sites (J. detrimental to these populations (CDFG Astragalus clarianus is found on thin, Callizo, in litt. 1996). 1979). The trend for Napa bluegrass is rocky clay soils derived from volcanic Plagiobothrys strictus is found in one of decline (CDFG 1991). Poa or serpentine substrates (Joe Callizo, pools and swales adjacent to and fed by napensis is threatened by recreational California Native Plant Society (CNPS), hot springs and small geysers in activities, airport maintenance, in litt. 1996; Jake Ruygt, CNPS, Napa grasslands within an elevation range of urbanization, and random events (CNPS Valley Chapter, pers. comm. 1996, 90 to 160 m (300 to 500 ft). Three 1987, 1990; J. Ruygt, in litt. 1993; J. public hearing transcript) in grasslands historical populations occurred within a Ruygt, pers. comm. 1996). Both extant and openings in whiteleaf manzanita 3 km (2 mi) radius of Calistoga, Napa populations are located on private land (Arctostaphylos manzanita)-blue oak County, California. One population was and are not protected. (Quercus douglasii) woodlands (Liston extirpated by urbanization and Peter Rubtzoff (1961) described 1990) over an elevation range of 75 to agricultural land conversion. Of the two Alopecurus aequalis var. sonomensis 225 meters (m) (240 to 840 feet (ft)). Six remaining populations of P. strictus, one based on a specimen collected in 1955 Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / Rules and Regulations 55793 in Guerneville Marsh, Sonoma County, Peninsula to Guerneville and east to than the stems and 3 to 5 mm (0.1 to 0.2 California. Specimens assignable to this Cunningham. Although fewer sites are in) wide. Some individuals of Carex taxon were collected as early as 1880 in now present, the range of the species lemmonii resemble C. albida, but differ Sonoma and Marin counties, but had has changed little. The numbers of in perigynia and fruit size, or in other been identified as Alopecurus aequalis populations of this species are declining respects. Sobol., a circumboreal foxtail grass due to competition from invasive plant Carex albida was thought to be extinct found as far south as adjacent species, trampling and grazing by cattle, but is now known from a single Mendocino County. These specimens, and low reproductive success. Three population discovered in 1987. Carex however, deviated considerably from attempts to reintroduce the species in albida was known historically from four typical A. aequalis and were identified the PRNS have failed (CNDDB 1996; V. other locations including the type by Rubtzoff as A. aequalis var. Norris, in litt. 1995). The proposed rule, locality on Santa Rosa Creek and three sonomensis. Although William Crins published August 2, 1995 (60 FR additional populations in two marshes, (1993) only referred to this variety in 39314), stated that one attempt was all in Sonoma County. The marsh passing in a discussion of the species, destroyed by a flash flood in 1993. It is containing C. albida at the Santa Rosa its varietal status adequately reflects its now thought that the affected Creek site was destroyed in the 1960’s morphological and ecological attributes population was a natural population by channelization and other alterations and it is considered to be a distinct and not a reintroduction. This to Santa Rosa Creek (Betty Guggolz, variety (William Crins, Ontario Ministry population reestablished and contained CNPS, Milo Baker Chapter, in litt. 1993). of Natural Resources, in litt. 1993). 15 plants in 1994 and 13 in 1995 (V. A second marsh has been used for Alopecurus aequalis var. sonomensis Norris, in litt. 1995). cannery waste disposal since 1971, is a tufted perennial in the grass family The number of individuals in causing the probable loss of the (Poaceae) that reaches 30 to 75 cm (12 populations of Alopecurus aequalis var. population (CNDDB 1996). At the third to 30 in) in height. The stems are mostly sonomensis may fluctuate markedly marsh, one of the two historical erect and either straight or weakly bent between years. The largest population populations has not been seen since near the base. The leaf blades are up to recorded in recent years was about 600 1951. Access to the other population has 7.5 mm (0.3 in) wide. The panicle is 2.5 plants in 1995; this population dropped been denied by the landowner, and the to 9.0 cm (1.0 to 3.5 in) long and 4 to to about 100 plants in 1996 (V. Norris, presence of the plant has not been 8 mm (0.1 to 0.3 in) wide. The spikelets in litt. 1995; R. Soost, in litt. 1996). A confirmed since 1976. This marsh has are usually tinged violet-gray near the population in Sonoma County reported become drier in recent years because the tip. The awn (bristlelike part) is straight, to have 150 individuals in 1987 had addition of wells and other construction and exceeds the lemma body by 1.0 to dropped to only 4 plants by 1994 (V. has altered the marsh hydrology, and it 2.5 mm (0.04 to 0.1 in). This variety is Norris, in litt. 1995). Most often, likely no longer supports the species (B. distinguished from A. aequalis var. populations of A. aequalis ssp. Guggolz, in litt. 1993). aequalis by its more robust, upright sonomensis have about 100 or fewer The only extant population of C. appearance, generally wider panicle, individuals (CNDDB 1996). albida is found in a sphagnum bog, violet-gray tinged spikelets, and longer Liberty Bailey (1889) described Carex between 45 and 60 m (150 and 200 ft) awn (Rubtzoff 1961; William Crins, albida based on a specimen collected by in elevation. The population contains Ontario Ministry of Natural Resources, John Bigelow in 1854 on Santa Rosa about 1,000 plants and occurs on private in litt. 1993). Creek, Sonoma County, California. property in Sonoma County (CDFG When the proposed rule was written, Specimens of the plant collected by 1993a, CNDDB 1996). Carex albida is Alopecurus aequalis var. sonomensis John T. Howell and John W. Stacey in threatened by potential alteration of was known from five natural 1937 were described as C. sonomensis hydrology from changes in land use or populations. Three of the sites, in (Stacey 1937), but Howell (1957) later potential disturbance from a proposed Sonoma County, were privately owned, stated that the type specimen of C. wastewater treatment project, and two sites were on Federal land albida had been misinterpreted by competition from invasive species, within Point Reyes National Seashore Stacey and others and that C. potential disturbance from repair or (PRNS) in Marin County (CNDDB 1993; sonomensis is a synonym of C. albida. alteration of a nearby state highway, and Virginia Norris, CNPS, Marin Chapter, Howell’s interpretation continues to be random events. in litt. 1993). Three more natural sites in accepted (Mastrogiuseppe 1993). F. Harlan Lewis and Margaret Lewis Marin County have since been Carex albida is a loosely tufted (1953) described Clarkia imbricata from identified. Two are on Federal land perennial herb in the sedge family specimens they collected on July 10, within PRNS, and the third is a private (Cyperaceae). The stems are triangular, 1951, along Vine Hill Road, Sonoma inholding within the PRNS (CNDDB 4 to 6 dm (1.3 to 2.0 ft) tall, erect, and County. This treatment continues to be 1996; V. Norris, in litt. 1995; Robert longer than the leaves. The leaves are accepted (Lewis 1993). Clarkia Soost, CNPS, Marin Chapter, in litt. flat and 3 to 5 cm (1 to 2 in) wide with imbricata is an erect, annual herb in the 1996). One of the newly discovered closed sheaths. The inflorescence evening-primrose family (Onagraceae). populations was initially thought to be consists of 4 to 7 ovoid or obovoid to The stems grow to 6 dm (2.5 ft) tall, the result of seeds washed down from oblong spikelets 8 to 18 mm (0.3 to 0.7 unbranched or with numerous short a reintroduced population, but it is now in) long. The achenes (fruits) are three- branches in the upper parts. This plant considered a natural population (V. sided when mature. The sacs (perigynia) is densely leafy, with entire, lanceolate Norris, in litt. 1995). All populations surrounding the achenes are light green leaves 2.0 to 2.5 cm (0.8 to 1.0 in) long occur in moist soils in permanent to yellow-green when mature and 3.0 to and 4 to 7 mm (0.2 to 0.3 in) broad that freshwater marshes between 6 and 210 4.5 mm (0.1 to 0.2 in) long. Several traits are ascending and overlapping. The m (20 and 680 ft) in elevation. distinguish C. albida from other closely showy inflorescences appear from June Alopecurus aequalis var. sonomensis related sedges. Carex albida has through July. The flowers are grouped was known historically from 16 inflorescences with staminate flowers closely together and each flower has a populations. The historical range of the above the pistillate flowers, especially conspicuous funnel-shaped tube at its taxon was approximately 48 km (30 mi), on the terminal inflorescence, lateral base. Each flower has four fan-shaped, extending north from Point Reyes spikelets, and leaves that are shorter lavender petals 2.0 to 2.5 cm (0.8 to 1.0 55794 Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / Rules and Regulations in) long with a V-shaped purple spot the yellow zone. Anthers (pollen- oregana ssp. valida differs from S. extending from the middle to the upper bearing part of the stamen) are purple- oregana ssp. eximia in having a hairless margin of the petal. Clarkia purpurea brown. The fruit is an elliptical capsule calyx. ssp. viminea is the only other Clarkia containing many rounded seeds (CDFG Sidalcea oregana ssp. valida has taxon with which C. imbricata can be 1993b). The species flowers from June to never been recorded as abundant and confused. Clarkia purpurea ssp. viminea July. Lilium pardalinum ssp. pitkinense only two occurrences are known. These has a much shorter, funnel-shaped tube is distinguished from L. pardalinum ssp. occurrences are about 29 km (18 mi) and does not have the relatively broad, pardalinum by generally shorter petals apart in Sonoma County, California. ascending, overlapping leaves of C. and anthers. Both are on private land. Sidalcea imbricata. Lilium pardalinum ssp. pitkinense oregana ssp. valida inhabits freshwater Clarkia imbricata has never been grows only in permanently saturated, marshes approximately 150 m (490 ft) in known to be common. Unsuccessful sandy soils in freshwater marshes and elevation. One population covers less searches for this plant at its type locality wet meadows that are 35 to 60 m (115 than 0.1 ha (0.25 ac), and was reported have been made since 1974 (B. Guggolz, to 200 ft) in elevation. Only three to have fewer than 100 plants in 1979 in litt. 1993). This taxon is only known populations of L. pardalinum ssp. (CDFG 1987) and approximately 60 from two populations, one natural and pitkinense at two sites were recorded plants in 1993 (Nick Wilcox, State one planted in a preserve, found in historically. All three populations are Water Resources Control Board, pers. sandy grasslands in Sonoma County. on private land within a distance of 13 comm. 1993). The other population The natural population was the source km (8 mi) in Sonoma County. Access to contained approximately 70 individuals for cuttings that were transplanted into one of the sites has been denied by the in 1993 (Ann Howald, CDFG, pers. the 0.6 ha (1.5 ac) preserve in 1974. The landowner since 1975 (CNPS 1988a). As comm. 1993). Both populations are two populations are 1.2 km (0.75 mi) a result, the status of this population has adversely affected by trampling and apart, have an elevation range of 60 to not been confirmed, but it is presumed reduced seed set resulting from cattle 75 m (200 to 250 ft), and occur on to be extant. Two populations occur at grazing (CNPS 1988b). The potential private land. The natural population a second site. The size of these alteration of the hydrology of one site contains 2,000 to 5,000 plants and populations has declined due to loss of due to urbanization and water occurs on an open, flat grassland habitat from urbanization and withdrawal poses a threat to the species surrounded by a variety of introduced competition with blackberries (Rubus (A. Howald, pers. comm. 1993). The trees and shrubs. The planted spp.) (CDFG 1993b). About 300 plants may also suffer from competition population, located in a preserve owned individual plants remain on these two by common tule (Scirpus acutus) and and managed by the CNPS, has sites (B. Guggolz, pers. comm. 1996). yellow star-thistle (Centaurea fluctuated between 200 and 300 plants. Collection of plants, seeds, and bulbs for solstitialis), and from periodic Plants have recently expanded onto an horticultural use, competition from maintenance of a local aqueduct located adjacent parcel of private land to the invasive plant species, potential in the marsh (A. Howald, pers. comm. east, where 70 to 100 plants were found disturbance from a proposed 1993). This species is also susceptible to in 1993. The planted population is subdivision, trampling and herbivory by adverse impacts from random events. threatened by damage associated with livestock and wildlife and random Edward L. Greene (1891) described trespassers collecting other rare plants events threaten this species (Lynn Trifolium amoenum from specimens found in the preserve, while the natural Lozier, The Nature Conservancy (TNC), that he collected near Vanden, Solano population is at risk due to proposed in litt. 1990; CDFG 1993b; B. Guggolz, County, California, in 1890. This land use conversion (B. Guggolz, in litt. pers. comm. 1993, 1996). treatment was retained by Duane Isely 1993). Both populations are also Edward L. Greene (1897) first (1993). Historically, this species has susceptible to adverse impacts from described Sidalcea oregana ssp. valida been found in a variety of habitats random events. in June, 1894, based on material he including low, wet swales, grasslands, Lawrence Beane and Albert M. collected from Knight’s Valley, Sonoma and grassy hillsides up to 310 m (1,020 Vollmer first collected Lilium County, California. Since then, this ft) in elevation. This annual plant, pardalinum ssp. pitkinense on July 20, taxon has been known as S. maxima which is a member of the pea family 1954, in Sonoma County, California. (Baker), S. oregana var. spicata (Jepson), (Fabaceae), is hairy, erect, and grows to Beane (1955) described the plant as S. eximia (Baker) and S. spicata ssp. 1 to 6 dm (4 to 27 in) in height. The Lilium pitkinense. Mark Skinner (1993) valida (Wiggins) (CNPS 1988b). C. L. leaves are pinnately compound, widely subsequently treated the plant as a Hitchcock (1957) studied the genus obovate, and 2 to 3 cm (0.8 to 1.2 in) subspecies of L. pardalinum. Sidalcea and recognized four long. The flowers, which are purple Lilium pardalinum ssp. pitkinense is subspecies, including S. oregana ssp. with white tips, are 12 to 16 mm (0.5 to an herbaceous, rhizomatous valida, a treatment accepted by Steven 0.6 in) long and occur in dense, round (underground stem) perennial in the lily Hill (1993). or ovoid heads, 2 to 3 cm (0.8 to 1.2 in) family (Liliaceae). The slender, erect Sidalcea oregana ssp. valida is a long. Flowers appear from April to June. stems reach 1 to 2 m (3 to 6 ft) in height. perennial herb in the mallow family Trifolium amoenum is similar in Leaves are yellow-green, up to 14 cm (Malvaceae). The plants are 1 to 2 m (3 appearance to T. macraei, but is (5.5 in) long, and 1 to 2 cm (0.4 to 0.8 to 6 ft) tall. The leaves are rounded. generally larger and the flowers lack in) wide. The leaves are generally Lower leaves have 5 to 7 shallow lobes; subtending bracts. scattered along the stem, but in some upper leaves are generally smaller and The historical range of Trifolium plants occur in 2 or 3 whorls of 3 to 6 divided into 3 to 5 entire, lanceolate amoenum was from the western edge of leaves near the middle of the stem. The segments. The compound inflorescence the Sacramento Valley in Solano inflorescence is a terminal raceme. The consists of densely flowered, spike-like County, west and north to Marin and flowers are large, showy, and nodding. racemes 2 to 5 cm (0.8 to 2.0 in) long. Sonoma counties, where many sites The petals, which are reflexed from the Petals are 1.0 to 1.5 cm (0.4 to 0.6 in) were presumed extirpated by urban and middle, are red at the outer edge long, notched at the apex, and deep agricultural development (CNPS 1977). changing to yellow at the center with pink-mauve. The flowers appear from Until 1993, Trifolium amoenum was small, deep maroon dots mostly within late June to September. Sidalcea considered extinct. However, one Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / Rules and Regulations 55795 locality was discovered in 1993 and a Register (41 FR 24523) to determine plant notice published on September 30, second in 1996. In 1993, Peter Connors, approximately 1,700 vascular plant 1993 (58 FR 51144). The Service Bodega Marine Laboratory, discovered a species to be endangered species approved Candidate status for single Trifolium amoenum plant in pursuant to section 4 of the Act. The list Alopecurus aequalis var. sonomensis on Sonoma County. The land on which this of 1,700 plant taxa was assembled on August 26, 1993. However, the status plant was found is private (CNDDB the basis of comments and data received change was inadvertently not published 1996), and at the time of writing of the by the Smithsonian Institution and the in the plant notice published on proposed rule the land was for sale Service in response to House Document September 30, 1993. After the (Peter Connors, Bodega Marine No. 94–51 and the July 1, 1975, Federal publication of that notice, the Service Laboratory, pers. comm. 1994). No Register publication. Astragalus received information that Trifolium plants were found at the site in 1994 or clarianus, Carex albida, Clarkia amoenum had been rediscovered 1995, and the site has now been imbricata, Lilium pardalinum ssp. (Connors 1994). developed (P. Connors, pers. comm. pitkinense, Poa napensis, and Trifolium In the August 2, 1995, Federal 1996). The only known extant amoenum were included in the June 16, Register, the Service published a population of T. amoenum is that found 1976, Federal Register document. proposed rule to list the nine plant in 1996. This population consists of General comments received in species as endangered, and invited about 200 plants growing on two relation to the 1976 proposal were public comment (60 FR 39314). residential lots in Marin County. One lot summarized in an April 26, 1978, Processing of the proposed rule was has a house on it, and a house is being Federal Register publication (43 FR delayed by a congressional moratorium built on the other; both landowners are 17909). The Endangered Species Act on activities associated with final currently cooperating in the Amendments of 1978 required that all listings from April 10, 1995, through conservation of the species on their proposals over 2 years old be April 26, 1996. After the moratorium property (P. Connors, pers. comm. withdrawn. A 1-year grace period was was lifted, the Service reopened the 1996). given to those proposals already more comment period and scheduled a public In 1994, Dr. Connors grew 18 plants than 2 years old. In the December 10, hearing on September 11, 1996 (61 FR in cultivation from seed produced by 1979, Federal Register (44 FR 70796), 47856). the single plant found in 1993 (Connors the Service published a notice of Section 4(b)(3)(B) of the Act requires 1994). These plants were grown to withdrawal of the June 16, 1976, the Secretary to make findings on produce seed for later reintroduction proposal, along with four other pending petitions within 12 months of efforts (P. Connors, pers. comm. 1994); proposals that had expired. their receipt. Section 2(b)(1) of the 1982 the seed is expected to be viable for The Service published a Notice of amendments further requires that all decades (P. Connors, pers. comm. 1996). Review for plants in the Federal petitions pending on October 13, 1982, Should additional T. amoenum be Register on December 15, 1980 (45 FR be treated as having been newly found, these populations would likely 82480). This notice included submitted on that date. This was the be threatened by urbanization, Alopecurus aequalis var. sonomensis, case for Astragalus clarianus, Carex competition with invasive plants, land Astragalus clarianus, Carex albida, albida, Clarkia imbricata, Lilium conversion to agriculture, livestock Clarkia imbricata, Lilium pardalinum pardalinum ssp. pitkinense, grazing, and random events. ssp. pitkinense, Plagiobothrys strictus, Plagiobothrys strictus, Poa napensis, Poa napensis, Sidalcea oregana ssp. Sidalcea oregana ssp. valida, and Previous Federal Action valida, and Trifolium amoenum as a Trifolium amoenum because the 1975 Federal government actions on these Candidate species. On November 28, Smithsonian report had been accepted nine species began as a result of section 1983, the Service published a as a petition. The Service found that the 12 of the Act which directed the supplement to the Notice of Review (48 petitioned listing of those eight species Secretary of the Smithsonian Institution FR 53640). This supplement changed was warranted but precluded by other to prepare a report on those plants Alopecurus aequalis var. sonomensis, higher priority listing actions. This considered to be endangered, Astragalus clarianus, Plagiobothrys finding was reviewed annually in threatened, or extinct in the United strictus, Poa napensis, Sidalcea oregana October from 1983 through 1994. States. This report, designated as House ssp. valida, and Trifolium amoenum to Publication of the proposed rule on Document No. 94–51, was presented to category 2. At that time, category 2 taxa August 2, 1995 (60 FR 39314), Congress on January 9, 1975, and were those being considered for possible constituted the final finding for the included Astragalus clarianus, Carex addition to the Federal List of petitioned action for these species. albida, Clarkia imbricata, Lilium Endangered and Threatened Wildlife. The processing of this final listing pardalinum ssp. pitkinense (as L. Designation of category 2 species was rule conforms with the Service’s final pitkinense), Plagiobothrys strictus, Poa discontinued in the February 28, 1996, listing priority guidance made final on napensis, and Trifolium amoenum as Federal Register notice (61 FR 7596). December 5, 1996 (61 FR 64475). The endangered and Sidalcea oregana ssp. The plant notice was revised again on guidance clarifies the order in which the valida as threatened. The Service September 27, 1985 (50 FR 39526). The Service will process rulemakings published a notice in the July 1, 1975, candidate status of eight of the plant following two related events, the lifting, Federal Register (40 FR 27823) of its species remained unchanged in this on April 26, 1996, of the moratorium on acceptance of the report of the notice. Trifolium amoenum was final listings imposed on April 10, 1995 Smithsonian Institution as a petition indicated as being possibly extinct. (Pub. L. 104–6) and the restoration of within the context of section 4(c)(2) Another revision of the plant notice was significant funding for listing through (petition provisions are now found in published on February 21, 1990 (55 FR passage of the omnibus budget section 4(b)(3) of the Act) and of its 6184). In this revision, Astragalus reconciliation law on April 26, 1996, intent to review the status of the plant clarianus, Plagiobothrys strictus, Poa following severe funding constraints taxa named therein. The above eight napensis, and Sidalcea oregana ssp. imposed by a number of continuing taxa were included in the July 1, 1975, valida were designated as Candidates. resolutions between November 1995 notice. On June 16, 1976, the Service The Service made no changes to the and April 1996. The guidance calls for published a proposal in the Federal status of any of the nine species in the giving highest priority to handling 55796 Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / Rules and Regulations emergency situations (Tier 1) and of the proposed rule to one ecologist proposed listing, the Service has not second highest priority (Tier 2) to who works for a university, two plant examined such impacts. resolving the status of proposed listings. ecologists who work for State agencies, Issue 2: One commenter stated that A lower priority is assigned to resolving eight university professors who are the Service must complete a Taking the conservation status of candidate species experts, and six other species Implications Assessment, as directed by species and processing administrative experts. The Service received one Presidential Executive Order 12630, findings on petitions to add species to response, from a species expert. The before issuing a final rule. the lists or reclassify species from comments received in this response did Service Response: The Attorney threatened to endangered status (Tier 3). not contain any new information General has issued guidelines to the The lowest priority actions are in Tier substantive to the listing determination. Department of the Interior (Department) 4, a category which includes processing The remaining reviewers did not on implementing Executive Order critical habitat determinations, respond to the Service. 12630: Governmental Actions and delistings, or other types of In total, 24 individuals, groups, or Interference with Constitutionally reclassifications. Processing of this final agencies submitted comments, Protected Property Rights. Under these rule is Tier 2 action. including the California Department of guidelines, a special rule applies when Summary of Comments and Parks and Recreation, the California an agency within the Department is Recommendations Native Plant Society (CNPS), the Marin required by law to act without and the Sonoma County Farm Bureaus, exercising its usual discretion, that is, to In the August 2, 1995, proposed rule the California Cattlemen’s Association, act solely upon specified criteria that and associated notifications, all and the Washington Legal Foundation. leave the agency no choice. In the interested parties were requested to Several individuals commented more present context, the Service’s action submit factual reports or information than once. Nine commenters supported might be subject to legal challenge if it that would contribute to the the proposed action, eight opposed it or considered or acted upon economic development of a final determination on expressed reservations, and seven did information in reaching a listing the proposed listing. A 65-day comment not state a position. Several commenters decision. period closed on October 9, 1995. provided corrections or updated In such cases, the Attorney General’s Appropriate Federal and State agencies, information regarding one or more of county and city governments, scientists, guidelines state that Taking the species proposed for listing. The and interested parties were contacted Implications Assessments (TIAs) shall Service has incorporated into the final and requested to comment. The Service be prepared after, rather than before, the rule any verifiable new information that published notices in the Marin agency makes the decision in which its is substantive to the listing decision. Independent Journal, Mill Valley Pacific discretion is restricted. The purpose of Sun, Santa Rosa Press Democrat, Ross Written comments and oral the TIAs in these special circumstances Valley Reporter, San Francisco statements presented at the public is to inform policy makers of areas Chronicle and San Francisco Examiner hearing and received during the where unavoidable taking exposures on August 9, 1995, in the Napa Register comment periods are addressed in the exist. Such TIAs must not be considered on August 10, 1995, and in the Napa following summary. Comments of a in the making of administrative County Record and Petaluma Argus- similar nature are grouped together into decisions that must, by law, be made Courier on August 11, 1995, inviting general issues. These issues and the without regard to their economic general public comment. In response to Service’s responses are presented below. impact. In enacting the Act, Congress the publication of the proposed rule, the Issue 1: Several commenters required that listings be based solely on Sonoma County Farm Bureau, Santa expressed concern that listing the plants scientific and commercial data showing Rosa, California, requested a public would adversely affect the economies of whether or not the species are in danger hearing in one of 2 letters each dated Marin, Sonoma, and Napa counties, or of extinction. Thus, by law and by U.S. August 28, 1995. requested the Service to consider Attorney General guidelines, the Service Following the lifting of the listing possible economic impacts. is forbidden to conduct TIAs prior to moratorium, the comment period was Service Response: Under section listing. reopened on September 11, 1996, for 35 4(b)(1)(A), a listing determination must Issue 3: Several commenters days, closing on October 15, 1996. Upon be based solely on the best scientific expressed concern that farmers and the reopening of the comment period, and commercial data available. The ranchers would be restricted in their the Service again contacted interested legislative history of this provision everyday operations by listing of the parties, and published notices—in the clearly states the intent of Congress to nine plant species. One worried that Petaluma Argus-Courier on September ‘‘ensure’’ that listing decisions are farmers and ranchers would be subject 17, 1996, in the Marin Scope and Mill ‘‘based solely on biological criteria and to criminal prosecution for the Valley Pacific Sun on September 18, to prevent non-biological considerations accidental taking of these plants. 1996, and in the Marin Independent from affecting such decisions,’’ H. R. Another suggested that compensation Journal, Napa Register, and Santa Rosa Rep. No. 97–835, 97th Cong. 2d Sess. 19 should be provided for land taken out Press Democrat on September 19, (1982). As further stated in the of range production. 1996—inviting general public comment legislative history, ‘‘Applying economic Service Response: The Act does not and announcing the scheduling of a criteria * * * to any phase of the restrict the taking of listed plants due to public hearing. A public hearing was species listing process is applying otherwise lawful private activities on held at the Best Western Novato Oaks economics to the determinations made private land. Listing the nine plants as Inn in Novato, California, on October 3, under section 4 of the Act and is endangered will not regulate farming or 1996. The hearing was attended by specifically rejected by the inclusion of ranching operations, including cattle approximately 20 people, of whom nine the word ‘solely’ in this legislation,’’ grazing, on private land. Other activities presented oral or written testimony. H.R. Rep. No. 97–835, 97th Cong. 2d that do not violate the taking In accordance with Service peer Sess. 19 (1982). Because the Service is prohibitions of section 9(a)(2) of the Act review policy published on July 1, 1994, precluded from considering economic are discussed further under (59 FR 34270), the Service sent copies impacts in a final decision on a ‘‘Conservation Measures.’’ Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / Rules and Regulations 55797

Issue 4: Several commenters, citizens living around populations of species. Additional protections that they including representatives of the the proposed plant species. will receive as a result of listing are California Cattlemen’s Association, Issue 7: One commenter, noting discussed under Available Conservation Sonoma-Marin Cattlemen’s Association, certain errors in the proposed rule and Measures. The Service believes that and the Marin County Farm Bureau, in a Service press release on the listing these nine species as endangered stated that grazing is likely to be proposed listing, requested an under the Act will significantly reduce beneficial to the nine plant species, both additional public hearing after the threats to their continued existence. as a land use alternative to urbanization corrections had been made. Although real, the Service considers the and other land uses, and in reducing Service Response: One purpose of the risk of malicious damage to most of competition from other plant species, public comment period is to seek these plants to be relatively small, notably nonnative grasses. One feedback on the accuracy of the especially for the species that are commenter stated that there is no information in the proposed rule; inconspicuous. The degree of risk, verifiable evidence of a relationship correction of errors in the rule does not however, will increase significantly if between grazing and these plants. mandate the re-opening of public precise maps of the locations of these Another said that because there is comment. The inaccurate information in species were published. This aspect is public debate about the effects of the Service’s press release dealt only discussed further in the Critical Habitat grazing on land and vegetation, little with consequences of any listing, not section. scientific basis exists for claims that with information or procedures relevant Issue 10: One commenter asserted that grazing is a threat. One commenter to this listing determination. the Service has not given proper asserted that the Service has a strong Issue 8: One commenter questioned consideration to data provided by bias against all grazing. whether all appropriate public land has Service Response: Some degree of been surveyed for the nine plant ranchers and other landowners, and that grazing by cattle and other animals is species, and whether the species can the Service gives much more weight to likely to be beneficial to some or all of truly be listed as threatened by the information provided by California the nine plant species addressed in this extinction without such surveys. She Native Plant Society volunteers. He rule. Evidence that heavy grazing is a requested that the listing decision be further stated that references to grazing threat to some of the species, however, postponed and the comment period be impacts in reports to the Natural is discussed under Factor C. The Service extended until such surveys have been Diversity Database maintained by the is not opposed to grazing, and maintains conducted. Another commenter asserted California Department of Fish and Game that best grazing management practices that the Service lacks data supporting are inaccurate and biased and that the are compatible with many natural the likelihood of the purported threats volunteers who submit these reports resource objectives. to the species, and that the Service has lack experience in range management or Issue 5: Two commenters believed discussed threats that do not exist. As livestock behavior. that listing would allow the Service or examples, the commenter stated that the Service Response: The Service the California Department of Fish and water level of Lake Hennessey has not considers all information received from Game to intrude upon private property been raised such that it completely all sources. No group’s or individual’s to search for the listed plants. inundates a population of Astragalus information receives ‘‘more weight’’ Service Response: Listing will have no clarianus and that Carex albida is not than others. Information received from such effect. The Act does not give any grazed, yet the Service considers these all sources was carefully evaluated in person or government agency the right threats. accordance with Service policy on to trespass. Service Response: The Act requires information standards under the Act, Issue 6: Several commenters the Service to reach its decision based published on July 1, 1994 (59 FR requested an extension of the comment on the best scientific and commercial 34271). Criteria for what information period beyond the second deadline of information available. The Service may be considered are discussed in the October 15, 1996. One member of the believes that botanical study of the Summary of Factors Affecting the Marin County Farm Bureau stated that appropriate habitats on public and Species, and in the response to Issue 1. their organization had not had adequate private lands in Marin, Napa, Sonoma, The Service has checked all substantive time to notify their membership of the and nearby counties has been adequate information for accuracy, and believes public hearing regarding the proposed to show that the nine plants are indeed that the information included in this rule. Other commenters requested extremely rare. The threats to the rule is reliable and credible and additional hearings at more convenient species discussed under Summary of represents the best scientific and places and times. Factors Affecting the Species are also commercial information available. Service Response: The Service based on the best information available, Issue 11: One commenter, believes that the comment period and are well documented or reasonably representing the California Cattlemen’s provided was adequate. The beginning foreseeable. With respect to the Association, commented that it is very of this section reviews the Service’s assertion that the Service has identified unlikely that grazing is a threat to efforts to notify the public of the threats that do not exist, threats, by Lilium pardalinum ssp. pitkinense, in proposed rule regarding these nine general definition, are descriptions of part because livestock prefer dry areas plants. In addition to publication in the events that have not yet taken place but to the bogs and marshes in which this Federal Register and public notices that are likely to occur in the foreseeable plant grows. appearing in several local and regional future. newspapers, the Service mailed separate Issue 9: One commenter argued it Service Response: Although cattle notifications of the public hearing to would be safer to engage in conservation prefer dryer areas, they will enter and species experts, other individuals, and actions without listing the nine plants, graze such wet areas, especially if forage Federal, State, and county entities, since listing could provoke malicious in the surrounding dry areas is less including the Marin County Farm damage. attractive. Evidence of cattle and other Bureau, on September 17, 1996. The Service Response: Factor D presents herbivores grazing on Lilium location and time of the public hearing information about the inadequacy of pardalinum ssp. pitkinense, is was selected to be convenient to most existing protections for the nine plant discussed under Factor C. 55798 Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / Rules and Regulations

Issue 12: One commenter suggested increased the biodiversity of California’s followed procedures found at section that the nine plants may be naturally annual grasslands and that these alien 4(a)(1) of the Act and regulations rare, and may nevertheless be thriving. species do not threaten the ecological implementing the listing provisions of Service Response: Decisions on listing community of grasslands. the Act (50 CFR part 424) in reaching plants and animals are based on the Service Response: The Service has this determination. A species may be threats facing the species. A species may extensive information and has received determined to be endangered or be determined to be endangered or a large number of comments from threatened due to one or more of the threatened due to one or more of the farmers, ranchers, and scientists, five factors described in section 4(a)(1). five factors described in section 4(a)(1) indicating that competition from These factors and their application to of the Act. Evidence that the nine plants invasive plants, mostly of nonnative the nine species are as follows: are in danger of extinction in all or origin, has played a major role in the A. The present or threatened significant portions of their ranges is decline of several of the nine plant destruction, modification, or discussed under Summary of Factors species and is a continuing and serious curtailment of their habitat or range. Affecting the Species. threat to most of them. This information Habitat destruction and modification Issue 13: One commenter noted that is summarized under Factor E. due to urbanization, land use changes, the proposed rule claimed that habitat Issue 18: One commenter stated that, or alterations in hydrology pose the for Trifolium amoenum has been lost under the National Environmental most serious threats to the survival of due to livestock grazing and called for Policy Act (NEPA), the Service must these nine plant species. the Service to recognize that livestock prepare an Environmental Impact Astragalus clarianus is known grazing does not permanently alter the Statement (EIS) for this rule. currently from three populations in landscape. Service Response: For the reasons set Napa County and one population in Service Response: The final rule has out in the NEPA section of this Sonoma County (CNPS 1989, CNDDB been changed to clarify that proper document, the Service has determined 1996). The four populations face a grazing generally does not cause that the rules issued under section 4(a) variety of threats to their continued permanent habitat loss. of the Act do not require the preparation existence. One population in Napa Issue 14: Two commenters suggested of an EIS. Courts in Pacific Legal County was reduced in size when the that the observation in the proposed Foundation v. Andrus, 657 F.2d 829 creation of Lake Hennessey in the rule that a fenced population of Lilium (6th Circuit 1981), held that an EIS is 1950’s inundated much of the site (L. pardalinum ssp. pitkinense continued not required for listing under the Act. Lozier, pers. comm. 1993). The City of to suffer from herbivory demonstrating The Sixth Circuit decision noted that Napa owns the lake and uses Lake that something other than domestic preparing an EIS on listing actions does Hennessey as a water source. Recently, livestock is causing the damage. not further the goals of NEPA or the Act. the City of Napa conducted a feasibility Service Response: The Service Issue 19: One commenter urged the study on the raising in elevation of the maintains that domestic livestock as Service, in the event of listing, to dam as part of a project to increase well as other vertebrate and invertebrate designate critical habitat for the nine water storage for the city. This would herbivores are capable of damaging plant species with a consideration of have raised the lake level and these plants (see Factor C and response economic impacts of such designation submerged the remnant population of A. to Issue 11). required by law. clarianus (J. Ruygt, CNPS, in litt. 1993). Issue 15: One commenter said that Service Response: The Service has This increased water-storage project at Alopecurus aequalis var. sonomensis determined that the designation of Lake Hennessey is currently considered and Trifolium amoenum might prove to critical habitat for these nine plant too costly (Don Ridenhour, Public have agricultural value, since both are species is not prudent. Please refer to Works Dept., City of Napa, pers. comm. palatable to cattle. Alopecurus aequalis the ‘‘Critical Habitat’’ section of this rule 1993). However, any future water var. sonomensis appears tolerant of for a detailed discussion of the critical storage project that would involve some grazing, and T. amoenum might habitat determination. increasing the height of the dam and raising the level of Lake Hennessey renew soil fertility and provide valuable Summary of Factors Affecting the would constitute a threat to the forage if it could be grown in sufficient Species quantity. The commenter speculated population of A. clarianus that lies that these species could be seeded to After a thorough review and along the lakeshore. In December 1990, improve pastures. consideration of all information this remnant population was nearly Service Response: The Service will available, the Service has determined destroyed when dredge spoils from the evaluate these points as it plans and that Alopecurus aequalis Sobol. var. lake were placed on top of it (A. implements the recovery of these sonomensis Rubtzoff (Sonoma Howald, pers. comm. 1993). The City of species. alopecurus), Astragalus clarianus Napa, in cooperation with CDFG, Issue 16: One commenter argued that Jepson (Clara Hunt’s milk-vetch), Carex removed most of the dredge spoils and passive preservation of individual albida Bailey (white sedge), Clarkia fenced the 1 ha (2 ac) area, placing a species is ecologically unsound and will imbricata Lewis and Lewis (Vine Hill gate in the fence for fishing access to the not ultimately protect biodiversity. clarkia), Lilium pardalinum Kellogg. lake. Ground disturbance caused by Service Response: The Service notes ssp. pitkinense (Beane and Vollmer) M. dredge spoil removal resulted in that habitat protection helps conserve Skinner (Pitkin Marsh lily), proliferation of invasive weeds that other species with similar habitat needs Plagiobothrys strictus (Greene) I.M. further threaten the site, as discussed contributing to the biodiversity of the Johnston (Calistoga allocarya), Poa below under Factor E. The population ecosystem. Some species require active napensis Beetle (Napa bluegrass), has not recovered well (J. Ruygt, pers. management and the Service will Sidalcea oregana (Nutt.) Gray ssp. comm. 1996). Eight plants of A. address this in the recovery plan. valida (Greene) C.L. Hitchcock clarianus were counted at this site in Issue 17: One commenter asserted that (Kenwood Marsh checker-mallow), and 1991, 325 plants in 1992, 156 plants in policies calling for the removal of Trifolium amoenum Greene (showy 1993 (CDFG 1989; J. Ruygt, in litt. 1993), nonnative species are based on outdated Indian clover) should be classified as 9 plants in 1994 (CNDDB 1996), and 15 science, that nonnative plants have endangered species. The Service plants in 1996 (J. Ruygt, pers. comm. Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / Rules and Regulations 55799

1996, public hearing transcript). The declined in 1995 and 1996, although (CNPS 1987, 1990; J. Ruygt, in litt. 1993; area remains a favorite fishing access to this decline may be attributable to J. Ruygt, pers. comm. 1996). the lake and receives significant use by factors other than damage by pigs (J. The single known population of Carex the public (CDFG 1989). The City of Ruygt, pers. comm. 1996, public hearing albida is located approximately 46 m Napa has repaired damage to the fence transcript). (150 ft) from a State highway in a several times (A. Howald, pers. comm. One historical occurrence and over 70 sphagnum bog. Any direct impact or 1993). percent of the original habitat of change in the hydrology of the area Another population of Astragalus Plagiobothrys strictus have been resulting from highway widening or clarianus occurs in Bothe Napa Valley extirpated by urbanization and maintenance, or a change in land use State Park. Plant numbers have been conversion of land to vineyards (CNPS would adversely affect the population. reported as 8 plants in 1988, 220 plants 1990). The two remaining populations Draining the wetland would not only in 1992, 101 plants in 1993, and 39 of P. strictus are threatened by directly impact the species but would plants in 1996 on a 1 ha (2 ac) urbanization (CNDDB 1996, CNPS encourage the spread of blackberries monitoring site (J. Ruygt, in litt. 1993, 1990). One of these populations occurs (Rubus spp.), which have become pers. comm. 1996, public hearing at the Calistoga Airport, where about dominant in other parts of the marsh transcript). The larger portion of the 5,000 plants were counted in an area of that have been drained (CDFG 1993a; population of A. clarianus outside of the about 180 m2 (2,000 ft2) in 1994 (J. CNDDB 1996; B. Guggolz, in litt. 1993). monitoring zone occurs sparsely on a 6 Ruygt, pers. comm. 1996, public hearing When the proposed rule was written, ha (15 ac) area. This area has been transcript). The number of individuals a wastewater treatment project was partially protected by placing brush in this population fluctuates proposed to be built 300 m (328 yards) piles next to a foot trail to divert people considerably, perhaps due to variations from the Carex albida population. away from the population (William in spring rainfall between years (CDFG Potential impacts from this project, as Grummer, Bothe Napa Valley State Park, 1988). Future development at this site originally proposed, included adverse California Dept. of Parks and Recreation, could threaten this population (J. Ruygt, effects from the application of recycled pers. comm. 1993). The general plan for in litt. 1993), as could airport wastewater and the temporary or the park indicates a campground to be maintenance activities (J. Ruygt, pers. permanent removal of wetlands, placed over the larger portion of A. comm. 1996). The other population of P. riparian vegetation, and special status clarianus, but the Service does not strictus is scattered over a 4 ha (10 ac) plants and their habitats (Environmental consider the proposed action in this area bisected by an asphalt road on Science Associates 1993). The treatment plan as an imminent threat because of private land near Myrtledale Hot plant has now been constructed, but the lack of funding and possible revisions to Springs in the City of Calistoga. The use of recycled wastewater has not been the park plan (W. Grummer, pers. number of individuals in this implemented (B. Guggolz, pers. comm. comm. 1993). At present, no specific population was estimated to be in the 1996). If implemented, from 1,200 to plans to develop a campground have hundreds (J. Ruygt, in litt. 1993). In 4,900 cubic m (1 to 4 ac-ft) of been made (W. Grummer, pers. comm. recent years, the landowner has denied wastewater per year would be applied 1996). Although the campground access to the site. The landowner has on approximately 14 to 27 ha (35 to 60 development may be relocated away proposed to build a hospital on this site, ac) of land. Although the population of from the population of A. clarianus, the but has been unsuccessful due to C. albida would not be directly Service considers that increased current zoning status (CDFG 1988; J. impacted, the application of this volume recreational use from an additional Ruygt, in litt. 1993; J. Ruygt, pers. of wastewater could result in the campground in this park constitutes a comm. 1996). alteration of remaining habitat within potential threat. Historically, the habitat of the two the historical range of C. albida through The third population of Astragalus remaining populations of Poa napensis modification of surface hydrology clarianus occurs near the City of Santa has been reduced by the development of (Environmental Science Associates Rosa in eastern Sonoma County. This health spas and resorts in the City of 1993). The historical ranges of Lilium population was estimated at 2,100 Calistoga and other construction pardalinum ssp. pitkinense and plants in 1996 scattered over 6 ha (15 activities at the Calistoga Airport (CNPS Alopecurus aequalis var. sonomensis ac) and appears stable at the present 1989). The remnant population of P. also occur within the project time (Saxon Holt, CNPS, Milo Baker napensis at the Calistoga Airport was boundaries. Chapter, pers. comm. 1996). It is on thought to be extirpated as a result of The type locality of Clarkia imbricata private land under a voluntary construction activities in 1981 because along the roadside at Pitkin Ranch was protection agreement with TNC. no plants were found that year. By 1987, extirpated prior to 1974, as a probable Upslope and adjacent to this population however, 500 plants were counted at the result of changes in land use or roadside is the 454 ha (1,350 ac) approved Saddle airport location (CDFG 1989; J. Ruygt, in maintenance (B. Guggolz, in litt. 1993). Mountain subdivision (J. Ruygt, in litt. litt. 1993). In 1994 and 1996, about 150 Another population of C. imbricata in 1993, S. Holt, pers. comm. 1996). Soil plants were counted at the airport site Sonoma County was extirpated as a erosion from proposed road and pad (J. Ruygt, pers. comm. 1996). The only result of tree farming and weed control construction for house lots potentially other population is near Myrtledale Hot activities (B. Guggolz, in litt. 1993). The threatens this population of A. clarianus Springs in the City of Calistoga, where sole remaining natural population of C. (J. Ruygt, in litt. 1993). Construction of several thousand plants were reported imbricata is threatened by changing this development has not yet begun (S. in a 100 m2 (1,100 ft2) area in the early land use, such as conversion to Holt, pers. comm. 1996). 1980’s. The landowner has denied agriculture, and inadvertent mowing of The fourth population of Astragalus access to the property in recent years. its habitat (B. Guggolz, in litt. 1993; B. clarianus consisted of 2,238 plants in Because Poa napensis and Plagiobothrys Guggolz, pers. comm. 1996). 1993 scattered over less than 2 ha (5 ac) strictus occur at both the Calistoga One site with two populations of of private land (J. Ruygt, in litt. 1993). Airport site and the other site near Lilium pardalinum ssp. pitkinense was Feral pigs uprooted a substantial Myrtledale Hot Springs, the threats from largely destroyed by urbanization in number of plants during 1994; the urbanization, including construction of 1961; however, approximately 300 number of plants at this site has a hospital, are the same for both species plants remain at this site (CDFG 1993b; 55800 Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / Rules and Regulations

B. Guggolz, pers. comm. 1996). in Marin County (P. Connors, pers. to be a factor for the remaining five Although a subdivision is planned for comm 1996). If this property is further species, but unrestricted collecting for the area surrounding a portion of this developed or altered, it may no longer scientific or horticultural purposes or site, the landowner agreed to protect a contain suitable habitat for T. excessive visits by individuals portion of the habitat of L. pardalinum amoenum. Widespread urbanization has interested in seeing rare plants could ssp. pitkinense (Allan Buckmann, occurred, and continues to occur, result from increased publicity as a CDFG, in litt. 1993; B. Guggolz, pers. throughout the historic range of the result of this proposal. comm. 1996). This agreement, if species. The populations of Sonoma and C. Disease or predation. Little is implemented, would place all sensitive Marin counties are expected to grow by known about any diseases that may natural resource areas in a conservation 11.1 and 10.4 percent, respectively, by affect the nine plant species considered easement for long-term management, the year 2000 (California Department of here. None of the species is currently with CDFG as easement holder (A. Finance 1993, 1996). known to be threatened by disease. Buckmann, in litt. 1993). Neither this B. Overutilization for commercial, Seven of the 8 known sites of easement, however, nor another recreational, scientific, or educational Alopecurus aequalis var. sonomensis easement that would protect the other purposes. One of the remaining are currently grazed or have been grazed population of L. pardalinum ssp. populations of Lilium pardalinum ssp. in recent years by cattle (CNDDB 1996; pitkinense at this site, has been pitkinense has been nearly extirpated by V. Norris, in litt. 1995; R. Soost, in litt. executed and recorded (B. Guggolz, uncontrolled collection of plants, seeds, 1996). All three populations in Sonoma pers. comm. 1996). At the second site, and bulbs for horticultural use. This County are currently threatened by wetland fills in the marsh have lowered species was abundant historically at this cattle grazing (CNDDB 1996), as is a the water table and resulted in drier soil site, but the removal of plants and bulbs portion of one population outside of a conditions, which have negatively for horticultural use reduced this fenced area on the PRNS where three affected L. pardalinum ssp. pitkinense. population to two plants by 1993 (CDFG small patches disappeared from a This change in habitat quality is 1993b). This population of L. gathering place for cattle over a one considered a significant threat to the pardalinum ssp. pitkinense has since week period of observation (V. Norris, population (CDFG 1993b), since only expanded slightly to approximately 10 in litt. 1995). The portion of the about 10 plants remain at this site plants (B. Guggolz, pers. comm. 1996). population inside of the fenced area (CNDDB 1996; B. Guggolz, pers. comm. Similar activities at the remaining site, decreased from 603 flowering culms 1996). which contains only 300 individuals in (stems) in 1995 to 195 flowering culms One of the two remaining sites of two populations, would likely result in in 1996, possibly due to annual Sidalcea oregana ssp. valida is the extinction of the species (B. fluctuation or competition from other threatened by permitted and Guggolz, pers. comm. 1993, 1996). Of vegetation (R. Soost, in litt. 1996). unauthorized water diversions from a the two remaining populations of Another population on the PRNS was stream that flows into the marsh where Clarkia imbricata, one population is fenced from cattle in 1987. The number two subpopulations of the species found in a preserve owned by the CNPS. of individuals of A. aequalis var. occur. In the past, these diversions have Although CNPS has attempted to sonomensis was 0 in 1990, 14 in 1991, removed all water from the stream discourage unauthorized collection by and 0 in 1993, possibly due to channel, eliminating a source of surface fencing the preserve and by not competition from a dense growth of water to the marsh (A. Howald, pers. publicizing the exact location of the site, other marsh plants (V. Norris, in litt. comm. 1993). Plant census data from trespassers have damaged the fence, 1993). Since then, experiments have 1991 indicate that the eastern and trampled the vegetation, and collected been conducted with partial opening western subpopulations in the marsh seed of C. imbricata on several and closing of the entry gate, but few declined by approximately 40 and 30 occasions (B. Guggolz, in litt. 1993). cattle found their way in and no plants percent, respectively, compared to 1989 No evidence of over-collection of have been seen at this site since 1991 and 1990 data. These figures suggest Sidalcea oregana ssp. valida by (V. Norris, in litt. 1995; R. Soost, , in litt. that this population may have been botanists and/or horticulturists for 1996). These results suggest that some experiencing a delayed response to a scientific and commercial purposes is grazing may be necessary to maintain drought period that began in the late known at this time, although the species populations of A. aequalis var. 1980’s. The adverse effects of future is considered to have horticultural sonomensis in the face of competition droughts may be exacerbated by potential (Hill 1993). Both populations from other plants, but that excessive increased surface water diversions and are small enough, however, that even grazing by cattle can adversely impact result in a further decline, or extinction limited collecting pressure would have the species. of the species (John Turner, CDFG, in adverse impacts. Sidalcea oregana ssp. Sidalcea oregana ssp. valida is litt. 1993). valida is an attractive plant, and may be adversely affected at both of its Trifolium amoenum was known from sought for collection once the rarity of locations by reduced seed set resulting about 20 historical occurrences in 7 this species becomes known and if from cattle grazing (CNPS 1988b). counties (Skinner and Pavlik 1994; current site locations become known. Populations of Lilium pardalinum ssp. CNDDB 1996). Loss of this habitat Wild collected seed of the species, S. pitkinense have been enclosed with resulted primarily from urbanization oregana (no variety given), are available various types of wire fencing in an and land conversion to agriculture through a seed exchange program attempt to prevent grazing or browsing (CNPS, 1977; Corelli and Chandik offered by an international gardening by cattle, horses, and deer, but most of 1995). Two occurrences of T. amoenum society (North American Rock Garden the fences have failed to prevent grazing have been recently discovered. The Society (NARGS) 1996). completely. The plants continue to occurrence found in 1993 in Sonoma Any occurrences of Trifolium suffer from herbivory by cattle, deer, County consisted of a single plant amoenum that may be discovered in the and perhaps gophers and other located on private property that has future also may attract collectors of herbivores, resulting in loss of flowers subsequently been developed. The plants or seed because the species was and seeds (L. Lozier, in litt. 1990). second, a population of about 200 previously considered to be extinct. Trifolium amoenum may have plants, is found on two residential lots Overutilization is currently not known disappeared from some of its former Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / Rules and Regulations 55801 locations due to grazing (Connors 1994). State listing as rare, threatened, or existence of a threatened or endangered This species is a large clover that endangered, but are not so listed, are species or which is likely to destroy or blooms when many grassland plants given the same protection as those modify the critical habitat of such have already turned brown, likely species that are officially listed with the species,’’ the after-the-fact nature of the making it more attractive to grazing State or Federal governments. Once reporting requirement is inadequate to herbivores. Most recent sightings of the significant effects are identified, the ensure the protection of populations plant were located outside of fences lead agency has the option to require that occur in areas smaller than the 0.13 along roadsides, suggesting that the mitigation for effects through changes in ha (1⁄3 ac) threshold. Four of the seven species survived for a period where it the project or to decide that overriding plant species in this rule that occur in was protected from grazing (Connors considerations make mitigation wetlands are known from only two 1994). Threats due to herbivory on the infeasible. In the latter case, projects populations, and two of the seven one natural population of this species, may be approved that cause significant species are known only from a single which occurs on portions of two environmental damage, such as population. Thus, for six of the seven residential lots, are unknown, but destruction of endangered species. species, the post facto reporting livestock grazing is unlikely. Grazing Protection of listed species through requirement may be inadequate to may, however, pose a threat to any CEQA is, therefore, dependent upon the prevent their extinction. undiscovered sites for the species. discretion of the agency involved. In Additionally and equally important, D. The inadequacy of existing addition, CEQA guidelines recently the upland watersheds that contribute regulatory mechanisms. The California have been revised in ways which, if significantly to the hydrology of Fish and Game Commission has listed made final, may weaken protections for marshes are not provided any direct Carex albida, Clarkia imbricata, Lilium threatened, endangered, and other protection under section 404. pardalinum ssp. pitkinense, Poa sensitive species. Disturbance to, or loss of, seep or marsh napensis, and Sidalcea oregana ssp. habitat and alteration of hydrology have Hot spring areas and perennial valida as endangered species under the damaged populations and habitat, as freshwater emergent marshes are California Endangered Species Act discussed previously under Factor A. generally small and scattered, and (Division 3, Chapter 1.5 section 2050 et Reductions in water volume or treated as isolated wetlands or waters of seq. of the California Fish and Game inundation of the sites have the the United States for regulatory Code and Title 14 California Code of potential to adversely affect the seven purposes by the U.S. Army Corps of Regulations 670.2). The California Fish plant taxa listed above. Thus, as a and Game Commission has also listed Engineers (Corps) under section 404 of consequence of the small size of these Astragalus clarianus and Plagiobothrys the Clean Water Act. However, the marsh, meadow, and hot spring areas strictus as threatened species. Listing by Clean Water Act, alone, does not and lack of protection of associated the State of California requires provide adequate protection for uplands, these types of habitats receive individuals to obtain authorization from Alopecurus aequalis var. sonomensis, insufficient protection under section CDFG to possess or ‘‘take’’ a listed Carex albida, Lilium pardalinum ssp. 404 of the Clean Water Act. species. Although the ‘‘take’’ of State- pitkinense, Poa napensis, Plagiobothrys The Sonoma County Department of listed plants is prohibited (California strictus, Sidalcea oregana ssp. valida, Planning has designated several Native Plant Protection Act, Division 2, and Trifolium amoenum. For example, marshes where some of these plants Chapter 10, section 1908 and California Nationwide Permit (NWP) No. 26 (33 occur as ‘‘critical habitat’’ (Sonoma Endangered Species Act, Division 3, CFR part 330 Appendix B (26)) was County 1989). The streams within these Chapter 1.5, section 2080), State law established by the Corps to facilitate marshes are designated as ‘‘riparian exempts the taking of such plants via issuance of permits for discharge of fill corridors.’’ It is not likely that these habitat modification or land use changes into wetlands. Under current designations will adequately protect the by the owner. After CDFG notifies a regulations, NWPs may be issued for species involved. County policies for landowner that a State-listed plant fills up to 1.2 ha (3.0 ac); fills greater ‘‘critical habitat’’ include 15 m (50 ft) grows on his or her property, the than 1.2 ha require an individual setbacks of construction from wetland California Native Plant Protection Act permit. For project proposals falling boundaries and preparation of biotic only requires that the landowner notify under NWP 26, the Corps seldom resource assessments for development the agency ‘‘at least 10 days in advance withholds authorization unless a listed of mitigation measures, if the planning of changing the land use to allow threatened or endangered species’ director determines that a ‘‘critical salvage of such a plant’’ (Division 2, continued existence would be habitat’’ area will be impacted (Sonoma Chapter 10, section 1913 of the jeopardized by the proposed action, County 1989). A setback may be waived, California Fish and Game Code). regardless of the significance of other however, if the setback is determined to The California Environmental Quality wetland resources. Moreover, for fills make the parcel unsuitable for Act (CEQA) requires a full disclosure of less than 0.13 ha (1⁄3 ac) only an after- construction. The single population of the potential environmental impacts of the-fact report is required by the Corps. Carex albida and the larger population proposed projects. The public agency This report must be submitted within 30 of Lilium pardalinum ssp. pitkinense with primary authority or jurisdiction days of completion of the work and occur within 15 m (50 ft) of streams in over the project is designated as the lead include only the name, address, and Sonoma County (CNDDB 1996). The agency and is responsible for telephone number of the permittee; Sonoma County policy for ‘‘riparian conducting a review of the project and location and description of the work; corridors’’ allows the removal of consulting with the other agencies and the type and acreage of the loss. All riparian vegetation as part of a pest concerned with the resources affected of the populations of the seven species management program administered by by the project. Section 15065 of the in this rule that occur in wetlands are the County Agricultural Commissioner, CEQA Guidelines requires a finding of significantly smaller than 0.13 ha (1⁄3 as well as construction of roads and significance if a project has the potential ac). Although General Condition 11 of summer dams (Sonoma County 1989). to ‘‘reduce the number or restrict the the NWP states that ‘‘no activity is In addition, agricultural projects that range of a rare or endangered plant or authorized under any NWP which is may involve removal of native animal.’’ Species that are eligible for likely to jeopardize the continued vegetation, including the species in this 55802 Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / Rules and Regulations rule and their habitats, are considered in efforts (P. Connors, pers. comm. 1994, introduce this same alien invasive weed Sonoma County to be ‘‘ministerial’’ (Ken 1996). In addition, half of the seed that (A. Howald, pers. comm. 1993). Ellison, Sonoma County Department of was recovered from the single plant in Plant succession may be excluding or Planning, pers. comm. 1993). 1993 was deposited for long-term reducing the population of Astragalus Ministerial projects are those projects storage at the U.S. Department of clarianus at one site (J. Ruygt, in litt. that the public agency must approve Agriculture National Seed Storage 1993) where A. clarianus grows after the applicant shows compliance Laboratory in Fort Collins, Colorado sparingly in the gaps between with certain legal requirements. They (Connors 1994). manzanita plants. As established plants may be approved or carried out without Although the PRNS is part of the continue to grow, and new manzanita undertaking CEQA review. National Park system, 17 cattle and seedlings become established, less space Only a few measures have been taken dairy ranches are contained within its is available for A. clarianus. Fire to protect some of the species in this boundaries. Grazing and ranching, suppression has reduced fire frequency rule. In 1989, the landowners of the two which have occurred on the peninsula in the manzanita community. Periodic confirmed populations of Lilium for more than a century, have been fire reduces manzanita cover and creates pardalinum ssp. pitkinense entered into determined to be ‘‘consistent with the space for other plants, including A. voluntary protection agreements with purpose for which the Seashore was clarianus. This species, therefore, is TNC (CDFG 1993b). Since that time, authorized’’ (Clark and Fellers 1987). vulnerable to habitat loss from plant TNC and the California Conservation Clark and Fellers (1986) state that succession. Another population of A. Corps have jointly built and maintained grazing has been a serious threat to clarianus is threatened by competition cattle exclosures in an attempt to protect Alopecurus aequalis var. sonomensis from French broom (Genista the plants at both sites. Some plants, occurrences located on the Seashore, monospessulana), an invasive alien however, continue to suffer herbivory but more recent reports indicate shrub, and the rooting behavior of wild from livestock and wildlife, resulting in concerns about both too much and too pigs (CNDDB 1996; J. Ruygt, pers. loss of flowers and seeds (L. Lozier, in little grazing (CNDDB 1996; V. Norris, in comm. 1996). litt. 1990). A memorandum of litt. 1995; R. Soost, in litt. 1996). The potential for loss of the only understanding is currently in effect E. Other natural or manmade factors population of Sidalcea oregana ssp. between CDFG and the Berry Botanic affecting their continued existence. valida from naturally occurring events, Garden, Portland, Oregon, for research Alopecurus aequalis var. sonomensis because of the small population size, is on germination and recovery of this suffers from competition from invasive exacerbated by drought and water species (CDFG 1993b). TNC also emergent wetland species, including diversions. In addition, this population obtained a voluntary agreement with rushes (Juncus spp.) and nutsedges is being encroached upon by invasive private landowners in 1990 to protect (Cyperus spp.) at one location. These weeds, including yellow star-thistle and one population of Astragalus clarianus. wetland plants have nearly extirpated blackberry (A. Howald, pers. comm. CDFG has proposed to purchase A. aequalis var. sonomensis from that 1993). One of the subpopulations was approximately 37 ha (90 ac) of the site (V. Norris, in litt. 1993; CNDDB damaged by an off-road vehicle during marsh where Sidalcea oregana ssp. 1996). Additionally, A. aequalis var. maintenance of a local aqueduct, which valida occurs to create an ecological sonomensis is not readily propagated. passes through the marsh. The preserve (A. Howald, pers. comm. Three attempts to reintroduce the maintenance activity occurred late in 1993). Acquisition of the preserve, species from seed to suitable habitat the season when the soil was relatively however, is dependent on the within its range have failed, as has an dry, resulting in minimal damage to the cooperation of the current landowners. attempt to start a population in the East plants. If such maintenance activities The owner of one parcel with about half Bay Botanic Garden in Tilden Park. occur during a time when the soil is of the population has declined to sell Naturally occurring floods also may be saturated, they pose a threat to the her property to the State (N. Wilcox, an ongoing threat. One population was plants (A. Howald, pers. comm. 1993). pers. comm. 1994). Purchase of the land damaged by a flash flood in 1993 (V. Because Lilium pardalinum ssp. as a preserve would ensure appropriate Norris, in litt. 1995; R. Soost, in litt. pitkinense is unlikely to be self- grazing practices on the site and would 1996). pollinating, single plants or widely allow direct management of the plant The population of Astragalus separated plants in sparse populations population with possible opportunities clarianus located along the north shore may not set viable seed (Mark Skinner, to expand the population (A. Howald, of Lake Hennessey has an infestation of CNPS, pers. comm. 1994). The pers. comm. 1993). The preserve would the invasive and dominating alien weed, remaining plants at one site are include only a small portion of the yellow star-thistle (Centaurea monitored closely by CNPS volunteers watershed, however, limiting the solstitialis) (A. Howald, pers. comm. and, at the time the proposed rule was protection that the preserve would 1993; J. Ruygt, hearing transcript). This written, had not been observed to have afford to the hydrology of the marsh (N. infestation was a direct result of ground set seed for several years (M. Skinner, Wilcox, pers. comm. 1994). disturbance associated with the removal pers. comm. 1994). Much of the habitat TNC also has entered into a verbal of dredge spoils that were placed on top for L. pardalinum ssp. pitkinense has conservation agreement with a of this population as discussed under been invaded by blackberry vines that landowner for the protection of the one Factor A (A. Howald, pers. comm. compete for space, light, and nutrients natural population of Clarkia imbricata. 1993). Competition from this alien (CDFG 1993b). However, this population of C. annual weed is also considered a threat Grass mowing, vehicle traffic, and imbricata was inadvertently mowed to the population of A. clarianus at the parking have impacted and continue to before seed set in 1989 and 1991, Bothe Napa Valley State Park (J. Ruygt, threaten one population of Poa napensis reducing the seed production and in litt. 1993). A proposed application to at the Calistoga airport (CNPS 1990; number of plants in the years following build two small agricultural water Robert Soreng, Cornell Univ., in litt. mowing (B. Guggolz, in litt. 1993). storage reservoirs along a creek in Napa 1993). Grass mowing is done at regular Seed from cultivated Trifolium County would avoid direct impacts to intervals through the spring and amoenum plants is currently being another population of A. clarianus, but summer to reduce fire and aircraft safety collected for future reintroduction ground disturbance would most likely hazards. Mowing for fire control during Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / Rules and Regulations 55803 the reproductive cycle of Clarkia known from four populations. mowing for fire control, and imbricata has reduced the size of one of Alopecurus aequalis var. sonomensis unauthorized collection. The three its populations by a third (B. Guggolz, has eight populations. The combination remaining populations of Lilium in litt. 1996). Airport users include a of few populations, small range, and pardalinum ssp. pitkinense, totaling spray plane service, recreational gliders, restricted habitat makes the nine species approximately 300 plants, suffer from and associated tow planes. Service highly susceptible to extinction or uncontrolled collection of plants, seeds, vehicles for the planes and the private extirpation from a significant portion of and bulbs for horticultural use, and vehicles of the customers impact this their ranges due to random events, such from herbivory by livestock and population of P. napensis, especially as flood, drought, disease, or other wildlife. One site is potentially during the spring and summer when occurrences (Shaffer 1981, Primack threatened by a proposed wastewater airport use increases. 1993). Such events are not usually a treatment project; the other site is The extirpation of historical concern until the number of populations potentially threatened by a proposed populations of Trifolium amoenum may or geographic distribution become subdivision. Competition from invasive have partially been a result of severely limited, as is the case with all plants such as blackberry also adversely competition with weedy, alien plant of the species discussed here. Once the impacts this species. If combined, the species. A recent germination study of number of populations, or the plant remaining populations of Plagiobothrys other Trifolium species from historical population size, is reduced due to strictus and Poa napensis would occupy T. amoenum habitat in Sonoma County habitat destruction or fragmentation, the an area of less than 0.5 ha (1 ac) each. suggested that some annual Trifolium remnant populations, or portions of These populations are surrounded by species germinate in late November, populations, have a higher probability hot springs resorts or housing. well after many introduced species, of extinction from random events. Plagiobothrys strictus and Poa napensis including redstem storkbill (Erodium The Service has carefully assessed the both occur at the same two sites where cicutarium), ripgut brome (Bromus best scientific and commercial they are threatened by airport activities, diandrus), and California burclover information available regarding the past, including traffic and vehicle parking on (Medicago polymorpha) (Connors 1994). present, and future threats faced by the plants, grass mowing, and land use By germinating and growing earlier, it is changes, including the construction of a these species in determining to make likely that alien species have reduced hospital at one site. Both populations of this rule final. Based on this evaluation, the numbers of T. amoenum plants by the two species are also threatened by the preferred action is to list Alopecurus occupying available space (Connors potential alteration of hot springs aequalis var. sonomensis (Sonoma 1994). hydrology. The only population of alopecurus), Astragalus clarianus (Clara The small population size of most of Sidalcea oregana ssp. valida is Hunt’s milkvetch), Carex albida (white these nine plant species increases the threatened by trampling and reduced sedge), Clarkia imbricata (Vine Hill susceptibility to extirpation from seed set resulting from cattle grazing, clarkia), Lilium pardalinum ssp. random events. Population sizes of 100 aqueduct maintenance, competition pitkinense (Pitkin Marsh lily), or fewer are known for one or more from invasive plant species, and the populations of Alopecurus aequalis var. Plagiobothrys strictus (Calistoga potential alteration of hydrology from sonomensis, Astragalus clarianus, allocarya), Poa napensis (Napa urbanization. Trifolium amoenum has Lilium pardalinum ssp. pitkinense, bluegrass), Sidalcea oregana ssp. valida been extirpated from all 24 historical Plagiobothrys strictus, Poa napensis, (Kenwood marsh checker-mallow), and occurrences in seven counties; the and Sidalcea oregana ssp. valida. The Trifolium amoenum (showy Indian species currently is known from one single extant population of Trifolium clover) as endangered. Competition with natural population. This species is amoenum contains about 200 invasive plant species or excessive threatened by competition with invasive individuals. These species may also be cattle grazing threatens five of the eight plant species, loss of habitat from subject to increased genetic drift and remaining populations of Alopecurus urbanization and other land use inbreeding as a consequence of their aequalis var. sonomensis. Efforts to changes. All nine species, because of small population sizes (Menges 1991, reintroduce this species to sites within their few, small populations and very Ellstrand and Elam 1993). Increased its range have failed. If combined, all narrow ranges are also highly homozygosity resulting from genetic four populations of Astragalus clarianus susceptible to genetic complications and drift and inbreeding may lead to a loss would occupy only a 0.5 ha (1 ac) area, at increased risk of local extirpation or of fitness (ability of individuals to and are threatened variously by a extinction from random events. survive and reproduce) in small potential water storage project, an These nine species are imminently populations. In addition, reduced approved subdivision, competition from threatened by extinction throughout all genetic variation in small populations invasive plant species, recreational or a significant portion of their range by may make any species less able to activities, airport maintenance, and the factors summarized above, and the successfully adapt to future elimination through plant community final action, therefore, is to list them as environmental changes (Ellstrand and succession. The single Carex albida endangered. Elam 1993). Thus, seven of the nine population, totaling approximately species are threatened by potential loss 1,000 plants, is located 46 m (150 ft) Critical Habitat of fitness and/or genetic variability from the State highway and is Critical habitat is defined in section 3 associated with small population sizes. threatened by potential changes in the of the Act as: (i) the specific areas Each of the species addressed in this site’s hydrology resulting from wetland within the geographical area occupied rule is known from few populations. drainage or fill, competition from by a species, at the time it is listed in Carex albida and Trifolium amoenum invasive plant species, changes in land accordance with the Act, on which are each have only one population. Clarkia management by the owner, highway found those physical or biological imbricata, Lilium pardalinum ssp. widening or maintenance, and potential features (I) essential to the conservation pitkinense, Plagiobothrys strictus, Poa disturbance from a proposed wastewater of the species and (II) that may require napensis, and Sidalcea oregana ssp. treatment. The two remaining special management consideration or valida each have only two confirmed populations of Clarkia imbricata are protection and; (ii) specific areas populations. Astragalus clarianus is threatened by changing land use, outside the geographical area occupied 55804 Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / Rules and Regulations by a species at the time it is listed, upon the areas where A. clarianus occurs also its habitat would also likely jeopardize a determination that such areas are would serve no purpose because all its continued existence. This would also essential for the conservation of the other historical sites have been hold true as the species recovers and its species. ‘‘Conservation’’ means the use destroyed by urban development and numbers increase. Any benefits that of all methods and procedures needed viticulture (CNDDB 1996) and have no might result from the designation of to bring the species to the point at practical value for the survival and critical habitat for L. pardalinum ssp. which listing under the Act is no longer recovery of the species. Designation of pitkinense would be outweighed by the necessary. critical habitat for A. clarianus, likely increased threat of uncontrolled Section 4(a)(3) of the Act, as therefore, is not prudent because it collection to this species. amended, and implementing regulations provides no additional benefit to the Designation of critical habitat for (50 CFR 424.12) require that, to the species beyond that conferred by listing. Clarkia imbricata and Lilium maximum extent prudent and pardalinum ssp. pitkinense, therefore, is determinable, the Secretary designate Clarkia Imbricata and Lilium not prudent because doing so would critical habitat at the time the species is Pardalinum ssp. Pitkinense increase the degree of threat to these determined to be endangered or Clarkia imbricata and Lilium species. Although there may be a threatened. Critical habitat is not pardalinum ssp. pitkinense are Federal nexus for L. pardalinum ssp. determinable when one or both of the attractive to plant collectors and pitkinense through the Clean Water Act, following situations exist—(1) incidents of overutilization and illegal the designation of critical habitat for Information sufficient to perform collection of both species have occurred this species would provide little or no required analyses of the impacts of the in the past. Both taxa are known only benefit to the protection of this species designation is lacking, or (2) the from private land. One of the two beyond that provided by listing. The biological needs of the species are not remaining populations of C. imbricata publication of maps and precise sufficiently well known to permit occurs on a CNPS preserve where, locations of populations that is required identification of an area as critical despite attempts to not publicize the for designation of critical habitat would habitat (50 CFR 424.12(a)(2)). Service preserve location and to discourage contribute to the further decline of this regulations (50 CFR 424.12(a)(1)) state unauthorized collection, trespassers species by facilitating trespassing, that designation of critical habitat is not have damaged the fencing, trampled uncontrolled collecting, and hindering prudent when one or both of the vegetation, and collected seeds of C. recovery efforts. Any benefit from following situations exist—(1) The imbricata on several occasions (B. designation of critical habitat for these species is threatened by taking or other Guggolz, in litt. 1993). Critical habitat species, therefore, would be outweighed human activity, and identification of designation outside of the areas where by the increased degree of risk to these critical habitat can be expected to C. imbricata occurs would serve no species due to the publication of precise increase the degree of threat to the purpose because no other sites are maps of their populations. species, or (2) such designation of known to be essential to the Carex Albida critical habitat would not be beneficial conservation of this species. At one of to the species. the two remaining sites for L. The only known population of Carex The Service finds that designation of pardalinum ssp. pitkinense, the species albida occupies less than 300 m2 of critical habitat is not prudent for any of was once abundant, but it has now been private land in Sonoma County (CDFG these nine plant taxa. Designation of nearly extirpated by the uncontrolled 1993a). Critical habitat designation critical habitat is not prudent for collection of plants, seeds, and bulbs for outside of the areas where C. imbricata Astragalus clarianus, Clarkia imbricata, horticultural use (CDFG 1993b). No occurs would serve no purpose. The Lilium pardalinum, Carex albida, historical sites for this taxon other than other four historical localities for the Plagiobothrys strictus, Poa napensis, the two where it now occurs have ever species, due to hydrological alteration Sidalcea oregana ssp. valida, Trifolium been reported. and the long-term effects of effluent amoenum, and Alopecurus aequalis var. Lilium pardalinum ssp. pitkinense is discharge from a cannery (CDFG 1993a), sonomensis because of lack of benefit. a wetland species and alteration of its serve no practical value for the survival Moreover, designation of critical habitat habitat may be regulated by the Army and recovery of the species. The Service for Clarkia imbricata, Lilium Corps of Engineers under section 404 of believes that activities regulated under pardalinum ssp. pitkinense, Carex the Clean Water Act. The Service section 404 that could impact the albida, Sidalcea oregana ssp. valida, believes that activities regulated under habitat of C. albida are unlikely to occur and some populations of Alopecurus section 404 that could impact the in the foreseeable future, and that this aequalis var. sonomensis is not prudent habitat of L. pardalinum ssp. pitkinense species is primarily threatened by because doing so would increase the are unlikely to occur in the foreseeable unregulated hydrological alterations and degree of threat to these species, or future, and that this species is primarily competition from native and alien plant another species in this rule with which threatened by overcollection, species favored by drier conditions. it occurs. The basis for these unregulated hydrological alterations, Moreover, the inadequacies of the conclusions, including the factors competition from alien plants, and section 404 permitting process for considered in weighing the benefits trampling and herbivory by livestock protecting very small plant populations, against the risks of designation, are and wildlife. Moreover, the discussed in detail under factor D of the provided by species below. inadequacies of the section 404 ‘‘Summary of the Factors’’ section permitting process for protecting very above, apply to this species. Even if a Astragalus clarianus small plant populations, discussed in proposed fill was larger than the None of the four known occurrences detail under factor D of the ‘‘Summary regulatory threshold and a pre- of Astragalus clarianus, which total of the Factors’’ section, apply to this construction permit was required, any about 28 ha (70 ac), are on Federal land species. In addition to these activity that would destroy or adversely (CNDDB 1996). This species does not inadequacies, due to the small size of modify the habitat of the sole remaining occur in wetlands and no Federal the only two populations of this species population of this species would also actions are likely to occur in its habitat. and the lack of historical habitat likely jeopardize its continued Critical habitat designation outside of elsewhere, any adverse modification of existence. This would also hold true as Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / Rules and Regulations 55805 the species recovers and its numbers critical habitat for any of the four Plagiobothrys strictus increase. Because the site occurs within populations of Alopecurus aequalis var. 45 m (150 ft) of a State highway, a sonomensis on Federal land with the Plagiobothrys strictus is known only potential Federal nexus also exists PRNS, therefore is not prudent because from two populations on private land. through activities of the Federal it provides no additional benefit to the The total area of these populations is Highway Administration. In such a species beyond that conferred by listing. less than 80 m2 (900 ft2). The only other situation, however, any action that The other four populations occur on historical locality has been rendered would adversely modify the habitat of private land and may have a Federal unsuitable by urbanization and the only known population of the nexus through the Clean Water Act. agricultural land conversion (CNPS species would also likely jeopardize the However, the inadequacies of the 1990) and has no practical value for the continued existence of the species. This section 404 permitting process for survival and recovery of the species. would also hold true as the species protecting very small plant populations, Thus, the establishment of critical recovers and its numbers increase. discussed in detail under Factor D of the habitat in this unoccupied area would Designation of critical habitat for C. ‘‘Summary of the Factors’’ section, serve no purpose. As with Carex albida, albida, therefore, is not prudent because apply to this species. In addition to the habitat for P. strictus will likely be it provides no additional benefit to the these inadequacies, due to the small size regulated under section 404 of the species beyond that conferred by listing. of the only known populations of this Federal Clean Water Act, but the total In addition, C. albida occurs at the same species any adverse modification of its area of the population is significantly site as Lilium pardalinum ssp. habitat would also likely jeopardize its smaller than the minimum regulatory parkinense (see previous paragraph) and continued existence. This would also threshold of 0.13 ha (1⁄3 ac) for pre- the designation of critical habitat and hold true as the species recovers and its construction notification. Even if a pre- publication of detailed maps of this site numbers increase. construction permit was required, any would contribute to the further decline Moreover, two of the four populations activity that would destroy or adversely of the latter species by facilitating of Alopecurus aequalis var. sonomensis modify the habitat of the sole remaining trespassing, uncontrolled collecting, and on private land are found in proximity population of this species would also hindering recovery efforts for the latter to L. pardalinum ssp. pitkinense (see likely jeopardize its continued species. The plants at this site are previous discussion of this species). existence. This would also hold true as particularly vunerable since they are Although A. aequalis var. sonomensis is the species recovers and its numbers close to a State highway and more easily not collected for horticultural use, increase. The designation of critical accessible to collectors. mapping specific localities of A. habitat for Plagiobothrys strictus, aequalis var. sonomensis could lead to Alopecurus Aequalis var. Sonomensis therefore, is not prudent because it increased collection of L. pardalinum provides no additional benefit to the Alopecurus aequalis var. sonomensis ssp. pitkinense. The horticultural value species beyond that conferred by listing. is the only species in this rule that of the latter species makes it highly occurs on Federal land. Four of the eight attractive and one of its two populations Poa Napensis known populations occur on Federal has been nearly extirpated by the land within the PRNS (CNDDB 1996). uncontrolled collection of plants, seeds, Both extant populations of Poa The plant appears to have very strict and bulbs for horticultural use (CDFG napensis occur on private land, where habitat requirements and suitable 1993b). Designation of critical habitat they occupy slightly more than 100 m2 habitats occur in only a few places for these two populations of Alopecurus (1,100 ft2). Urban growth and within the PRNS (V. Norris, in litt. sonomensis, therefore, would increase recreational development of hot springs 1995). Several attempts at establishing the degree of threat to Lilium in the Calistoga area has rendered all new populations in seemingly suitable pardalinum ssp. pitkinense by other historical localities unsuitable for habitat on the PRNS have been facilitating trespassing and uncontrolled this species (CDFG 1979). Thus, the unsuccessful. The locations of these collecting, and hindering recovery establishment of critical habitat in these four populations are known to the efforts. unoccupied areas would serve no managers of the PRNS and each Designation of critical habitat for any purpose since these areas have no population is closely monitored by of the four populations of Alopecurus practical value for the survival and CNPS members, acting in an official aequalis var. sonomensis on Federal recovery of the species. At least some of capacity as National Park Service (NPS) land with the PRNS, therefore, is not the suitable wetland habitat for P. volunteers (V. Norris, in litt. 1995; R. prudent because it provides no napensis may be regulated under Soost, in litt. 1996). This monitoring additional benefit to the species beyond section 404 of the Clean Water Act. As includes annual surveys for new that conferred by listing. Critical habitat with Carex albida and Plagiobothrys populations of the species. The NPS has designation for known populations on strictus, the total population area is also fenced a portion of one population. private land would also confer no significantly smaller than the 0.13 ha (1⁄3 The species within the exclosure benefit beyond that provided by listing. ac) minimum regulatory threshold for declined despite this effort. Because the Because of the few small occurrences of pre-construction notification. As is also presence of this plant, and its specific this species, any adverse modification of the case with these species, even if a locations, are well known to the its habitat would likely jeopardize its pre-construction permit was required, managers of the PRNS, no modification continued existence. The publication of any activity that would destroy or of its habitat is likely to occur without maps and precise locations of the two adversely modify the habitat of the Poa consultation under section 7 of the Act. private populations at which A. napensis would also likely jeopardize Any action which would destroy or aequalis var. sonomensis occurs with its continued existence. This would also adversely modify the habitat of the few Lilium pardalinum ssp. pitkinense hold true as the species recovers and its remaining populations of this species would also contribute to the further numbers increase. Designation of would also likely jeopardize its decline of the latter species by critical habitat for P. napensis, continued existence. This would also facilitating trespassing and uncontrolled therefore, is not prudent because doing hold true as the species recovers and its collecting, and hindering recovery so provides no additional benefit to the numbers increase. Designation of efforts. species beyond that conferred by listing. 55806 Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / Rules and Regulations

Sidalcea Oregana ssp. Valida the historical range of T. amoenum, destruction or adverse modification of Both populations of Sidalcea oregana (Connors 1994). Although historically proposed critical habitat. If a species is ssp. valida occur only on private land. the plant was known from ‘‘wet listed subsequently, section 7(a)(2) There is no evidence that the species swales,’’ the current site is not a requires Federal agencies to ensure that was ever present at any other localities regulated wetland. Even if a Federal activities they authorize, fund, or carry (CNPS 1988b, CDFG 1987). It grows in nexus were identified, any activity that out are not likely to jeopardize the a habitat which is likely to be regulated would destroy or adversely modify the continued existence of the species or under the Clean Water Act but, as with habitat of the sole remaining population destroy or adversely modify its critical the other wetland species discussed of this species would also likely habitat. If a Federal action may affect a above, the small populations occupy jeopardize its continued existence. This listed species or its critical habitat, the would also hold true as the species responsible Federal agency must enter less than the 0.13 ha (1/3 ac) minimum recovers and its numbers increase. into formal consultation with the regulatory threshold for pre- Designation of critical habitat for Service. construction notification. Moreover, due Trifolium amoenum at this site, To the extent that six of the nine taxa to the small size of the only two extant therefore, is not prudent because it proposed herein are currently known to populations, any activity that would provides no additional benefit to the inhabit marshes, wet meadows, destroy or adversely modify the habitat species beyond that conferred by listing. perennial streams, or thermal hot of either of the two remaining Although collection is not currently springs, the Service anticipates that the populations of this species would also thought to be a threat to the species, the Corps will enter into section 7 likely jeopardize its continued plant is large with showy flowers and its consultations regarding these species if existence. This would also hold true as populations are small enough that even it regulates fill of these wetlands under the species recovers and its numbers limited collecting pressure would have section 404 of the Clean Water Act. increase. The species is also of adverse impacts. Designation of critical Because of the small area covered by recognized horticultural value (Hill habitat for T. amoenum anywhere these populations, however, actions 1993), and wild-collected seeds of this within its historical range, therefore, is which could impact their habitats may species (no variety given) are available not prudent because doing so would not be subject to pre-construction through a seed exchange program increase the degree of threat to this notification. The inadequacies of offered by a international gardening species. The publication of maps and current regulations for NWP 26 society (NARGS 1996). Both precise locations of involved plant processing under the Clean Water Act populations are small enough that even populations that is required for are discussed in detail under factor D in limited collecting pressure would have designation of critical habitat would the ‘‘Summary of Factors’’ section adverse impacts. Designation of critical contribute to the further decline of this above. The National Park Service may habitat for S. oregana ssp. valida, species by facilitating trespassing and participate in section 7 consultation therefore, is not prudent because it uncontrolled collecting, and hindering because of potential grazing effects on provides no additional benefit to the recovery efforts. Alopecurus aequalis var. sonomensis at species beyond that conferred by listing the PRNS, and concerning park and because doing so would increase Available Conservation Measures management plans that directly or the degree of threat to this species. The Conservation measures provided to indirectly affect this species. publication of maps and precise species listed as endangered or Listing Alopecurus aequalis var. locations of the populations that is threatened under the Act include sonomensis, Astragalus clarianus, Carex required for designation of critical recognition, recovery actions, albida, Clarkia imbricata, Lilium habitat, therefore, would contribute to requirements for Federal protection, and pardalinum ssp. pitkinense, the further decline of this species by prohibitions against certain practices. Plagiobothrys strictus, Poa napensis, facilitating trespassing and uncontrolled Recognition through listing results in Sidalcea oregana ssp. valida, and collecting, and hindering recovery public awareness and conservation Trifolium amoenum would provide for efforts. actions by Federal, State, and local development of a recovery plan (or agencies, private organizations, and plans) for them. Such plan(s) would Trifolium Amoenum individuals. The Act provides for bring together both State and Federal Only a single population of Trifolium possible land acquisition and efforts for conservation of the plants. amoenum is known to be extant. cooperation with the State, and requires The plan(s) would establish a Although the species was widespread that recovery plans be developed for all framework for agencies to coordinate north and east of San Francisco Bay listed species. The protection required activities and cooperate with each other historically, it had last been seen in of Federal agencies and the prohibitions in conservation efforts, set recovery 1969 and presumed extinct until its against certain activities involving listed priorities, and estimate costs of various rediscovery in 1992 after years of plants are discussed, in part, below. tasks necessary to accomplish them. The searching (Connors 1994). Because it is Section 7(a) of the Act, as amended, plan(s) also would describe site-specific a large, attractive plant, it is highly requires Federal agencies to evaluate management actions necessary to likely that it has been extirpated from its their actions with respect to any species achieve conservation and survival of the historical localities (Connors 1994). The that is proposed or listed as endangered nine plant species. Additionally, sole population is on private land with or threatened and with respect to its pursuant to section 6 of the Act, the little probability of any Federal activity. critical habitat, if any. Regulations Service would be more likely to grant No other suitable habitat on Federal implementing this interagency funds to affected states for management land, or where any Federal action is cooperation provision of the Act are actions promoting the protection and likely to occur, is known to exist. The codified at 50 CFR part 402. recovery of these species. species has probably been eliminated at Section 7(a)(4) of the Act requires The Act and its implementing its other historical localities by Federal agencies to confer with the regulations set forth a series of general competition with alien species of Service on any action that is likely to prohibitions and exceptions that apply annual plants and because of the jeopardize the continued existence of a to all endangered plants. All prevalance of alien species throughout species proposed for listing or result in prohibitions of section 9(a)(2) of the Act, Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / Rules and Regulations 55807 implemented by 50 CFR 17.61, apply. within the species’ range. Collection, published in the Federal Register on These prohibitions, in part, make it damage or destruction of these species October 25, 1983 (48 FR 49244). illegal for any person subject to the on Federal lands is prohibited, although Required Determinations jurisdiction of the United States to in appropriate cases a Federal permit import or export any of the plants, may be issued to allow collection for The Service has examined this transport them in interstate or foreign scientific or recovery purposes. Such regulation under the Paperwork commerce in the course of a commercial activities on non-Federal (private) lands Reduction Act of 1995 and found it to activity, sell or offer them for sale in would constitute a violation of section contain no information collection interstate or foreign commerce, or 9 when conducted in knowing violation requirements. remove and reduce any of the plants to of California State law or regulations or References Cited possession from areas under Federal in violation of State criminal trespass jurisdiction. In addition, the Act law. See Factor D. for a discussion of A complete list of all references cited prohibits the malicious damage or California’s law protecting plants. herein is available upon request from destruction of endangered plants on As noted above, Federal listing of the Field Supervisor, Sacramento Field areas under Federal jurisdiction, as well plant species protects plants occurring Office (see ADDRESSES section). as the removal, cutting, digging up, or on Federal lands and when Federal damaging or destroying of such plant activities may affect the species. Thus, Author species in knowing violation of any activities on private lands such as The primary authors of this final rule State law or regulation, including State landscape maintenance, clearing are Diane Elam and David Wright, criminal trespass law. Certain vegetation for firebreaks, and livestock Sacramento Field Office (see ADDRESSES exceptions to the prohibitions apply to grazing, are not prohibited or regulated section). agents of the Service and State unless they are conducted in knowing conservation agencies. violation of State law or are federally List of Subjects in 50 CFR Part 17 The Act and 50 CFR 17.62 and 17.63 funded or authorized. Questions Endangered and threatened species, also provide for the issuance of permits regarding whether specific activities Exports, Imports, Reporting and to carry out otherwise prohibited would constitute a violation of section recordkeeping requirements, activities involving endangered plant 9 should be directed to the Field Transportation. species under certain circumstances. Supervisor of the Service’s Sacramento Regulation Promulgation Such permits are available for scientific Field Office (see ADDRESSES section). purposes and to enhance the Requests for copies of the regulations Accordingly, part 17, subchapter B of propagation or survival of the species. regarding listed plants and inquiries chapter I, title 50 of the Code of Federal The Service anticipates that few permits about prohibitions and permits may be Regulations, the Service amends as would ever be sought or issued for most addressed to the U.S. Fish and Wildlife follows: of the species because they are typically Service, Ecological Services, not sought for cultivation and are Endangered Species Permits, 911 NE PART 17Ð[AMENDED] uncommon in the wild. Lilium 11th Ave., Portland, Oregon 97232–4181 1. The authority citation for part 17 pardalinum ssp. pitkinense and Clarkia (phone 503/231–2063, facsimile 503/ continues to read as follows: imbricata, however, are collected for 231–6243). horticultural use. Authority: 16 U.S.C. 1361–1407; 16 U.S.C. It is the policy of the Service, National Environmental Policy Act 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– published in the Federal Register on The Fish and Wildlife Service has 625, 100 Stat. 3500; unless otherwise noted. July 1, 1994 (59 FR 34272), to identify determined that Environmental 2. Amend Section 17.12(h) by adding to the maximum extent practicable at Assessments and Environmental Impact the following, in alphabetical order the time a species is listed those Statements, as defined under the under FLOWERING PLANTS, to the List activities that would or would not authority of the National Environmental of Endangered and Threatened Plants to constitute a violation of section 9 of the Policy Act of 1969, need not be read as follows: Act. The intent of this policy is to prepared in connection with regulations increase public awareness of the effect adopted pursuant to section 4(a) of the § 17.12 Endangered and threatened plants. of the listing of the nine plant species Act. A notice outlining the Service’s * * * * * on proposed and ongoing activities reasons for this determination was (h) * * *

Species Historic Range Family Status When listed Critical Special Scientific name Common Name habitat rules

FLOWERING PLANTS

******* Alopecurus aequalis Sonoma alopecurus U.S.A. (CA) ...... Poaceae ...... E 625 NA NA var. sonomensis.

******* Astragalus clarianus Clara Hunt's milk- U.S.A. (CA) ...... Fabaceae ...... E 625 NA NA vetch.

******* Carex albida ...... white sedge ...... U.S.A. (CA) ...... Cyperaceae ...... E 625 NA NA

******* Clarkia imbricata ...... Vine Hill clarkia ...... U.S.A. (CA) ...... Onagraceae ...... E 625 NA NA 55808 Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / Rules and Regulations

Species Historic Range Family Status When listed Critical Special Scientific name Common Name habitat rules

******* Lilium pardalinum Pitkin Marsh lily ...... U.S.A. (CA) ...... Liliaceae ...... E 625 NA NA ssp. pitkinense.

******* Plagiobothrys strictus Calistoga allocarya U.S.A. (CA) ...... Boraginaceae ...... E 625 NA NA

******* Poa napensis ...... Napa bluegrass ...... U.S.A. (CA) ...... Poaceae ...... E 625 NA NA

******* Sidalcea oregana Kenwood Marsh U.S.A. (CA) ...... Malvaceae ...... E 625 NA NA ssp. valida. checker-mallow.

******* Trifolium amoenum .. showy Indian clover U.S.A. (CA) ...... Fabaceae ...... E 625 NA NA

*******

Dated: September 29, 1997. Jamie Rappaport Clark, Director, Fish and Wildlife Service. [FR Doc. 97–27924 Filed 10–21–97; 8:45 am] BILLING CODE 4310±55±P