Federal Register / Vol. 50, No. 29 / Tuesday, February 12, 1985 / Rules and Reguiations 5755

Multnomah Street, Portland, Oregon 97232. FOR FURTHER INFORMATION CONTACT: John L. Spinks, Chief, Division of Endangered Species, U.S. Fish and Wildlife Service, Suite 1692, Lloyd 500 Building, 566 N.E. Multnomah Street, Portland, Oregon 97232 (503/231-6131: FIS429-6131). SUPPLEMENTARY INFORMATION: Background CamissonYa benitensis is a small. hairy, annual member of the evening- primrose family (Onagraceae] with bright yellow flowers. Peter H. Raven discovered this plant in the Clear Creek Reservation Area, San Benito County, California, in 1966 and published its description in 1969: It grows on alluvial terraces along Clear Creek and San Carlos Creek, at elevations ranging from 2.500 to 4,600 feet (760 to 1,340 meters]. The species has only been observed to giOW on alluvial terraces of serpentine , DEPARTMENT OF THE INTERIOR origin; it isnot known whether it is also Fish and Wildlife Service able to grow on serpentine uplands. The species has only a moderate 50 CFR Part 17 reproductive potential under favorable conditions, apparently is not weedy or Endangered and Threatened Wildlife aggressive, and is highly sensitive to and Plants; Determination of trampling (Griffin 1977, 1978). Threatened Status for “Camissonia In hlay of 1979 a total of only 76 Benitensis” (San Benito Evening- plants were observed to flower [Marcus Primrose) 1979). A field examination by U.S. Fish AGENCY: Fish and Wildlife Service, and Wildlife Service and Bureau of Land Interior. Management (BLM) personnel in April of 1986 revealed that the plants on Clear ACTION: Final rule. Creek numbered perhaps 266 to 300 at a SUMMARY: The Service determines single small location. At that time the Camissonia benitensis (San Benito site was completely unprotected and evening-primrose) to be a threatened numerous tire tracks crisscrossed the species. This action is being taken area. Shortly thereafter BLM fenced the because a significant portion of the site. A second location (first observed in limited range of this species is subject to 1978 by BLM personnel) had been gravel mining and damage by off-road severely altered by ORV activity and no vehicle (ORV) use. The San Benito plants were observed. This latter site evening-primrose occurs only in parts of was fenced by the BLM in 1981. The San the Clear Creek and San Carlos Creek Carlos Creek site was inaccessible at drainages, between Hernandez and New the time because of impassable road Idria, San Benito County, California. conditions. This piant occurs as a few scattered Observations in the spring [May-June) populations on serpentine alluvial of 1983 revealed nine colonies of the terraces on public [Bureau of Land plant ranging from 10 to 196 individuals Management) and private land within (Kiguchi 1983). Eight of the colonies these drainages. The designation as occurred on BLM land and one was on threatened provides this species the private land. The population on private protection of the Endangered Species land, one of the largest and most Act of 1973, as amended . vigorous, occurred near the west DATES: The effective date of this rule is entrance to Clear Creek Canyon. It is March 14,1985. being destroyed by gravel mining ADDRESSES: The complete file for this activities. To date the BLM has fenced rule is available for inspection. by or barred access to all but one site on appointment, during normal business public land. The single remaining site on hours at U.S. Fish and Wildlife Service, public land had been scheduled for Suite 1692, Lloyd 5oc) Building. 596 N.E. protection by spring. 1984, but this has 5756 Federal Register I Vol. 50, No. 29 { Tuesday, February 12, 1985 / Rules and Regulations not yet been carried out. No protection Federal agencies, scientific the threat of ORV’s pointed out that is afforded the plants on private land. organizations, and other interested designation of critical habitat may Section 12 of the Endangered Species parties were contacted and requested to increase the threat of vandalism and Act of 1973 directed the Secretajl of the comment. A newspaper notice was destruction. All other commenters in Smithsonian institution to prep&e a published in the Holiisrer Free Lance on support of the listing emphasized the report on those plants considered to be November l&1963, which invited ORV threats. Several commenters also endangered, threatened, or extinct. This general public comment. A public indicated that, while fencing and report, designated as House Document hearing was requested by Mr. Ed barriers have helped to protect the No. 94-51, was presented to Congress on Dunkley of the California Association of plant, violations of these sites by ORV January 9,1975. On July I, 1975, the Four Wheel Drive Clubs and held in recreationists are likely to occur. Three Service published a notice in the Federal Coalinga. California. Eighteen written commenten noted that the close Register (40 FR 27823) of its acceptance comments were received in response to proximity of camping sites to colonies of of the report as a petition within the the original proposal and six more were the plant increases the likelihood of context of section 4(c)(2) of the 1973 Act, received during the public hearing: all of human access and disturbance, and and of its intention thereby to review these are discussed below. creates additional difficulties for the status of the plant taxa named Few of the commenters presented new assuring the safety of the species. within. Camissonia benitensis was data on the status of the species or new Two letters received from ORV included in that notice. On August 5, information revealing additional threats organizations expressed concern about 1977, the Service was petitioned by Ms. or lack thereof. BLM indicated that it the potential impact of the listing on Alice Q. Howard of the California has designated the Clear Creek Canyon ORV activities in the Clear Creek area- Native Plant Society’s Rare Plant Project as a recreation area for ORV’s and has these organizations were the South Committee to place the San Benito developed a management plan that will County Trail-Riders 4 x 4 Club and the evening-primrose on the U.S. List of substantially limit vehicle use in the California Association of 4 Wheel Drive Endangered and Threatened Plants, with canyon. The Bureau further indicated Clubs. These letters raised a number of a designation of critical habitat. that recent surveys (Kiguchi 1983) found questions also voiced at the public Accompanying this petition was a a total of nine colonies and that the hearing. The public hearing was held at detailed account of this species and its Camissonia benitensis population may the West Hills Community College and status prepared by Dr. James R. Griffin of the University of California, Hastings be increasing as a result of the fencing was attended by approximately ten Natural History Reservation. The July 1, of several sites. Service personnel people. For the sake of brevity, the 1975 notice was replaced with the inspected the area and noted a written comments and those from the December 15,1980 notice of review of substantial increase in the number of public heaing have been combined and plant species for listing under the Act protective fences and barriers placed summarized here: (45 FR 82480), which also included around individual colonies. Based on The question was asked by letter and Camissonia benitensis. On February 15, these efforts and the presence of nine by several individuals at the public 1983, the Service published a notice in colonies of the plant, BLM suggested hearing whether Camissonia benitensis the Federal Register (48 FR 6752) of its that the listing of Camissonia benitensis is a separate species or just a mutation prior finding that the petitioned action was premature. The Service finds that, or local adaptation. Based on the best on this species may be warranted, in while the efforts of BLM to protect the scientific information available, accord with section 4(b)(3)(A) of the Act plants appear to be beneficial and Cnmissonia benitensis is recognized as as amended in 1982. On October 13, necessary, at this time the population a distinct species (Raven 1969 and 1983, the petition finding was made that still remains exceedingly low for an personal communication 1983, and listing Camissonia benitensis was annual plant, and the species is still Griffin personal communication 19841. warranted but precluded by other subject to threats from gravel mining Morphologically, C. benitensis is similar pending listing acticns. On October 31, operations on private land and damage ’ in appearance to the non-serpentine 1983, the Service found that the from ORV operators that do not respect species C. contorta. However, C, petitioned action was warranted and the exclosures. However, due to the benitensis differs from C. contorta in published the proposed rule (48 FR species’ improved status as a result of chromosome number, the former being 5012650126), in accordance with section these efforts, the Service believes that tetraploid, the latter hexaploid (Raven 4[b)[3)(B)(ii) of the Act. For reasons of Comissonia benitensis should be listed 1969, Griffin personal communication hazards posed to the species, more fully as threatened rather than endangered as 1980). Another differentiating feature detailed below, designation of critical originally proposed. Although precise can be determined by a close habitat for this species is not deemed counts were not presented in the latest examination of the pollen: the tetraploid prudent. After reviewing all of the census, Kiguchi (1983) suggests the rarely has up to about 10 percent four- comments received on the proposed population numbers approximately 1,000 pored pollen, the hexaploid often has rule, the Service has concluded to individuals, most of which occur on two more than 30 percent four-pored pollen. change the status of the plant from or three sites. One of the largest Other characteristics such as leaf shape endangered to threatened in the final colonies occurs on private land. This end pubescence also are distinctive in rule. site is being destroyed by gravel mining C. benitensis. Actual chromosome activities. BLM has no control over this counts, however, provide the most Summary of Comments and activity, but Federal listing may provide reliable method of indentification. Recommendations additional limited options to protect this With regard to the comment that C. In the October 3~1983 proposed rule site. benitensis may be only a mutant form of (48 Fl? 5012650128) and associated Ten letters were received in support C. contorta, Raven (1969) indicates this notifications, all interested parties were of the listing. Included among these was is not the case. Based on a careful requested to submit factual reports or a let!er from the County of San Benito examination and study of the genus information tha! might contribute to the that recommended the species be Camissor;ia (90 taxa) and similar genera development of a final rule. Appropriate protected and preserved by the most in the family Onagraceae, Raven (1969) State agencies. county governments, prudent means. The County emphasized postulated that C. benitensis was Federal Register / Vol. 50, No. 29 / Tuesday, February 12, 1985 / Rules and Regulations 57!i? derived from C. strigulosa, a common factors described in section s(a)(l). protection to threatened species through species in the coast range of California These factors and their application to regulations. This protection will apply to found from the vicinity of Bodega Bay Camissonia benitensis (San Benito Camissonia benitensis under Federal south to Santo Tomas in Baja California. evening-primrose) are as follows: jurisdiction once revised regulations are C. strigulosa is not known from San A. The present or threatened promulgated. Benito County, but its range overlaps destruction, modification, or curtailment E. Other natural or manmade factors with C. contorta in several other of its habitat or mnge. In the past, affecting its continued existence. locations in the Coast Range. Raven habitat and colonies of Camissonia Although Camissonia benitensis is an (1969) hypothesized that differentiation benitensis along Clear Creek on BLM annual, it appears to have only a at the tetraploid level gave rise to local land have been adversely affected by moderate reproductive capacity, even endemics such as C. benitensis and C. ORV activities (Marcus 1979). Recent under favorable conditions [Griffin integrifolia. Undoubtedly, the unusual efforts by BLM to protect the species by 1977). Very little is known about its soii conditions of Clear Creek Canyon fencing of observed colonies have been are correlated with the derivation of this environmental requirements and it is relatively effective in preventing unclear whether the plant will be able to species. additional losses and may have Thp concern was voiced several times recover or expand even with protection. enhanced survival on those specific Under existing conditions intensive by commenters that C. benitensis may sites. However, recent surveys suggest occur in o?her areas. The Service ORV use in close proximity to fenced that the population consists only of Camissonia sites increased the recognizes this as a relatively remote approximately 1,ooO individuals, a possibility considering !he limited extent likelihood of vandalism. Federal listing relatively low number for an annual will assist in providing additional of alluvial serpentine areas in this plant. The &se proximity of camping region. Surveys by BLM botanists, Dr. authority to protect the species and its and ORV free play areas and trails to habitat. J.R. Griffin, and other local botanists fenced Camissonia sites along Clear have found no locations for this species Creek makes protection of the species The Service has carefully assessed the in other drainages or regions despite heavily dependent upon voluntary user best scientific and commercial efforts over the years since C. benitensis compliance (BLM 1982). This situation information available regarding the past, was described. Therefore. based upon provides uncertain protection for the present. and future threats faced by this the best available scientific information, species. These same difficulties also species in determining to make this rule the Service finds it reasonable to limit BLM’s protection of Camissonia final. Based on this evaluation, the assume that C. benitensis is endemic to within the “Natural Area” along San preferred action is to list Camissonia the Clear Creek and San Carlos Creek Carlos Creek. benitensis as a threatened species. The drainages. In addition to the sites on public land, Service finds that the protective The major concern voiced by a!1 of the one of the largest colonies occurs on measures initiated by the BLM on public ORV representatives at the hearing was land have reduced adverse impacts of that the listing of Camissonia benitensis private iand near the entrance to Clear Creek Canyon. Active gravel removal at ORV activities to the point where the would “close down” or significantlv species is no longer in danger of reduce ORV recreation in the vicinity of this site threatens to destroy the entire colony. Stochastic losses may become a extinction. However, uncertain C!ear Creek. This is highiy unhkely protection hampers efforts to fully because of the very limited habitat of problem in causing further declines of the species in all areas. Federal listing protect the species on public land and this plant along the aliuvial terraces of gravel removal on private land threatens Clear Creek and San Carlos Creek. Non- may provide additional limited options to protect these sites. to destroy one of the largest colonies of riparian and non-a!luvial areas of Clear the plant, so that it is likely to become Creek evidently do not provide habitat B. Overutilization for commercial, recreational, scientific, or educational endangered without vigorous protection for this species. Most upland sites, under the Act. Critical habitat has not therefore, could still be available for purposes. Not applicable. C. Disease orpredation. Not been designated because of the threat of ORV activities. A management plan for vandalism and increased enforcement the area could be developed in such a applicable. way that ample protection for the D. The inadequacy of existing problems, as is explained more fully in Comissonia could be provided without regulatory mechanisms. At this time the following section. closing large areas to ORV Camissonia benitensis is not listed as Critical Habitat recreationists. rare or endangered by the State of California and, therefore, protection is Section 4(a)(g) of the Act, as amended, Summary of Factors Affecting the minimal. The BLM. which recognizes requires that to the maximum extent Species ORV activities as a legitimate use of the prudent and determinable, the Secretary After a thorough review and public land in this area, is attempting to designate critical habitat at the time a consideration of all information protect individual colonies of the plant species is determined to be endangered available, the Service has determined on public land by fences, barriers, ’ , or threatened. The Service finds that that Comissonia bellitensis (San Benito weekly patrols, and requests for user designation of critical habitat is not evening-primrose) should be classified compliance. The Service does not prudent for this species at this time. This as a threatened species. Procedures believe that this provides certain species is potentially threatened by found at section 4(a)(l) of the protection for the species. Listing under vandalism, and occurs in an area in Endangered Species Act (16 U.S.C. 1531 the Act will aid in the conservation of which enforcement of restrictions et seq.) and regu!ations promulgated to this species through interagency against such activity is difficult because impiement the hsiing provisions of the cooperation under section 7 of the Act. of its remoteness. Publication of maps Act [codified at 50 CFR Part 424, revised Moreover, section 9(a)(Z)(B) of the Act indicating specific areas where this 49 FR 38900, October I, 198%)were prohibits removing and reducing to species occurs would likely increase the followed. A species may be determined possession any endangered plant from threat of vandalism and increase to be an endangered or threatened areas under Federal jurisdiction. Section enforcement. . _ problems. Therefore, it species due to one or more of the five 4[d) allows for the provision of such would not be prudent to determine 5755 Federal Register / Vol. 50, No. 29 / Tuesday, February 12, 1985 / Rules and Regulations critical habitat for Camissunia any person subject to the jurisdiction of Literature Cited benitensis at this time. the United States to import or export, Bureauof Land Management. 1982. transport in interstate or foreign Implementation plan for off-road vehicle Available Conservation Measures commerce in the course of a commercial designationsin the Clear Creek Recreation Conservation measures provided to activity. or sell or offer for sale this Area. BLM Hollister ResourceArea. species listed as endangered or species in interstate of foreign Unpubl. plan. threatened under the Adt include commerce. Seeds from cultivated Griffin, J.R.1977. Status report for reccgnition, recovery actions, specimens of threatened plant species Cumisssonia benitensis. California Native requirements for Federal protection, and Plant Society.Unpubl. rept. are exempt from these prohibitions Griffin, J.R.1978. Surveyof rare and prohibitions against certain practices. provided that a statement of “cultivated endangered plants of the Clear Creek Recognition through listing encourages origin” appears on their containers. RecreationArea. Report to Folsom District and results in conservation actions by Certain exceptions can apply to agents Manager, BLM. =CA-O4&PH%6?3. Unpubl. Federal, State, and private agencies, of the Service and State conservation rept. groups, and individuals. The agencies. The Act and 50 CFR 17.72 also Kiguchi. L.M. 1983. Sensitiveplant survey: Endangered Species Act provides for provide for the issuance of permits to Clear Creek Recreation Area and San possible land acquisition and carry out otherwise prohibited activities Benito Mountain Natural Area. BLM cooperation with the States, and involving threatened plant species under Hollister Resource Area. Unpubl. rept. requires that recovery actions be carried Marcus, D. 19i9. Inventory of rare ;I!?d certain circumstances. It is anticipated endangered plants of the F’olwm Diskici out for all listed species. Such actions that few trade permits would ever be (BLM): Status report for Comissonio are initiated by the Service following sought or issued since the species is not benitensis. BLM contract report. Unpl;bl. listing. The protection required of common in cultivation or in the wild. rept. Federal agencies and the prohibitions Section 9(a)(Z)(B) of the Act, as Raven. PH. 1969. A revision of the genus against taking are discussed, in part. amended in 1982. prohibits the removal Cumissonia (Onagraceae). Contributions below. and reduction to possession of U.S. National Herb. 37:3X&333. Section 7(a) of the Act, as amended, endangered plant species from areas Author requires Federal agencies to evaluate under Federal jurisdiction. Section 4(d) their actions with respect to any species allows for the provision of such The primary author of this rule is that is proposed or listed as endangered protection to threatened species through Monty Knudsen, Sac&mento or threatened. Regulations implementing regulations. This protection will apply to Endangered Species Office. U.S. Fish this interagency cooperation provision Camissonia benitensis under Federal and Wildlife Service, 2800 Cottage Way. of the Act are codified at 50 CFR Part jurisdiction once revised regulations are Room E-1823, Sacramento. California 402 and are now under revision (see promulgated. Once the revised 95825 (916/484-4935; ITS 4684935). proposal in the Federal Register of June regulations are promulgated, permits for List of Subjects in 50 CFR Part 17 29, 1983.48 FR 29990. Section 7(a)(Z) exceptions to this prohibition will be requires Federal agencies to ensure that available through sections lo(a) and 4(d) Endangered and threatened wildlife. activities they authorize, fund, or carry of the Act. Proposed regulations Fish, Marine mammals, Plants out are not likely to jeopardize the implementing this new prohibition were (agriculture). continued existence of a listed species. published on July 8.1983 (48 FR 314173, Regulation Promulgation If a Federal action may affect a listed and it is anticipated that few collecting species, the responsible Federal agency permits for the species will ever be PART 17-[AMENDED] must enter into formal consultation with requested. Requests for copies of the the Service. Consultations involving the regulations on plants and inquiries Accordingly, Part 17, Subchapter B of BLM are anticipated for actions regarding them may be addressed to the Chapter I, Title 50 of the Code of Federal involving public lands. Development Federal Wildlife Permit Office, US. Fish Regulations, is amended as set forth and implementation of the management and Wildlife Service, Washington, DC. below: plan for the Clear Creek area will likely 20240 (703/235-1903). 1. The authority citation for Part 17 require formal consultation pursuant to reads as follows: section 7(a)(2). No other actions are now National Environmental Policy Act Authority: Pub. L. 93-205. 87 Stat. 864; Pub. known that would require a section-; The Fish and Wildlife Service has L. W-359. 90 Stat. 911: Pub. L. Q5-63’Zz. 92 Stal. consultation. determined that an Environmental 3iSl; Pub. L. 96159.93 Stat. 1225: Pub. L. 97- . The Act, and its implementing Assessment, as defined under the 304. Y6 Stat. 1411 (16 U.S.C. 1531 etseq.). regulations found at 50 CFR 17.71 and authority of the National Environmental 2. Amend 3 17.12(h) by adding the 17.72, set forth a series of general trade Policy Act of 1969, need not be prepared following. in alphabetical order, under prohibitions and exceptions that apply in connection with regulations adopied Onagraceae to the List of Endangered to all threatened plant species. With pursuant to section 4(a) of the and Threatened Plants: respect to the San Benito evening- Endangered Species Act of 1973, as primrose, all trade prohibitions of amended. A notice outlining the 8 17.12 Endangered and threatened section 9(a)(Z) of the Act, implemented Service’s reasons for this determination plants. by 50 CFR 17.71, apply. These was published in the Federal Register on prohibitions, in part. make it illegal for October 25. 1983 (48 FR 49244).

Onagraceae-Evemrg primrose lamily . . Camlssonta benltensls.. .._ San Berl!o WWI~-~MWJS~ .._. .._...... _..... U S.A (GA) T 171 NA ,. .._.....,. NA . . . . Federal Register / Vol. 50, No. 29 / Tuesday, February 12, 1985 / Rules and Regulations 5759

Dated: December 24,1!384. SusanREXXX, .‘knng iqssbtant Secretary far Fish and Wilu’life and Pa&s. !FR Doe. 85-3319 Filed 2-114~~ 845 am) BILLNG CODE 4310-55-M