Federal Register / Vol. 60, No. 153 / Wednesday, August 9, 1995 / Proposed Rules 40549

Constitution Avenue, NW., Washington, By the Commission, Chairman Morgan, SUPPLEMENTARY INFORMATION: DC 20423. Vice Chairman Owen, Commissioners Simmons and McDonald. Background FOR FURTHER INFORMATION CONTACT: Vernon A. Williams, ilicifolia (San Diego Beryl Gordon, (202) 927–5610. [TDD for Secretary. thornmint), stolonifera (Laguna the hearing impaired: (202) 927–5721.] [FR Doc. 95–19512 Filed 8–8–95; 8:45 am] Beach liveforever), linoides ssp. viminea. (willowy monardella), and SUPPLEMENTARY INFORMATION: For a more BILLING CODE 7035±01±P detailed discussion of the current Hemizonia conjugens (Otay tarweed) statutes and regulations, the issues occur in San Diego and Orange Counties raised by the petition, and the in southwestern . In addition, information that is needed to go DEPARTMENT OF THE INTERIOR populations of three of these taxa (A. forward, see the Commission’s separate ilicifolia, H. conjugens, and M. linoides decision in this proceeding issued Fish and Wildlife Service ssp. viminea) extend into extreme northern Baja California, Mexico. These today. To obtain a copy of the full 50 CFR Part 17 decision, write to, call, or pick up in species occur in coastal sage scrub or in a mosaic of sage scrub, chaparral, person from: Office of the Secretary, RIN 1018±AD 38 Room 2215, Interstate Commerce riparian scrub, and grassland habitats. Coastal sage scrub is a community Commission, 1201 Constitution Avenue, Endangered and Threatened Wildlife typically dominated by a variety of NW., Washington, DC 20423. and ; Proposed Endangered Telephone: (202) 927–7428. [Assistance drought-deciduous and evergreen Status for Four Plants From sclerophyllous shrubs, including for the hearing impaired is available Southwestern California and Baja through TDD services: (202) 927–5721.] Artemisia californica (California California, Mexico sagebrush), Eriogonum fasciculatum Regulatory Flexibility AGENCY: Fish and Wildlife Service, (California buckwheat), Encelia Interior. californica (California encelia), E. Because this is not a notice of farinosa (brittle bush), Malosma laurina ACTION: Proposed rule. proposed rulemaking within the (laurel sumac), Opuntia spp. (prickly meaning of the Regulatory Flexibility SUMMARY: The Fish and Wildlife Service pear, cholla), Salvia spp. (black sage, Act (5 U.S.C. 601 et seq.), we need not white sage), Rhus integrifolia conduct at this point an examination of (Service) proposes to list Acanthomintha ilicifolia (San Diego (lemonadeberry), and R. ovata impacts on small business. However, we (sugarbush). Coastal sage scrub was welcome any comments regarding small thornmint), Dudleya stolonifera (Laguna Beach dudleya), Hemizonia conjugens historically distributed throughout entity considerations embodied in that cismontane (coastal) California south of Act. (Otay tarweed), and Monardella linoides ssp. viminea (willowy monardella) as San Francisco to Ensenada in Baja Environmental and Energy endangered throughout their respective California, Mexico (Westman 1983). It Considerations ranges in southwestern California and ranges in elevation from sea level to northern Baja California, Mexico, about 600 meters (m) (2,000 feet (ft)) in Issuing this notice will not pursuant to the Endangered Species Act inland sites in the southerly portion of significantly affect either the quality of of 1973, as amended (Act). These its distribution (O’Leary 1990). the human environment or the species occur in coastal sage scrub, Acanthomintha ilicifolia grows in conservation of energy resources chaparral, and grassland habitats. The heavy clay soils in open areas of coastal because the notice merely seeks four taxa are threatened by a variety of sage-scrub, chaparral, and native information and is not proposing any factors including urban and agricultural grassland in San Diego County and change in current rules or policy. We development, competition from non- northern Baja California, Mexico. preliminarily conclude that, even if we native species, off-road vehicle Dudleya stolonifera is primarily subsequently decide to grant the relief use, mining, grazing, and trampling by restricted to weathered bluffs and rock sought by petitioner, an environmental hikers. This proposed rule, if made outcrops in microhabitats within coastal assessment would not be necessary final, would implement the Federal sage scrub or chaparral. D. stolonifera is under our regulations because the protection and recovery provisions found only in the vicinity of Laguna proposed action would not result in afforded by the Act for these four plant Beach (Orange County). Hemizonia changes in carrier operations that species. conjugens occurs in southern coastal exceed the threshold established in our San Diego County and northern Baja DATES: Comments from all interested regulations. See 49 CFR 1105.6(c)(2). We California, Mexico, and is typically parties must be received by October 9, invite comments on the environmental found in clay soils on slopes and mesas 1995. Public hearing requests must be and energy impacts of the proposal. within coastal sage scrub or grassland received by September 25, 1995. List of Subjects habitats. Monardella linoides ssp. ADDRESSES: Comments and materials viminea primarily inhabits washes in 49 CFR Part 1051 concerning this proposal should be sent coastal sage scrub or riparian scrub to the Field Supervisor, U.S. Fish and habitats. Populations of M. linoides ssp. Buses, Freight, Motor carriers, Wildlife Service, Carlsbad Field Office, viminea, concentrated in the Miramar Reporting and Recordkeeping 2730 Loker Avenue West, Carlsbad, area of San Diego County, extend south requirements. California 92008. Comments and into Baja California, Mexico. 49 CFR Part 1220 materials received will be available for Typically, areas with Mediterranean public inspection, by appointment, climates such as southern California Motor carriers, Railroads, Reporting during normal business hours at the have numerous rare, locally endemic and recordkeeping requirements. above address. species (Stebbins and Major 1965, Cody Authority: 49 U.S.C. 10321 and 11144, and FOR FURTHER INFORMATION CONTACT: Gail 1986). Southern California has the 5 U.S.C. 553. Kobetich at the above address highest concentration of locally Decided: July 25, 1995. (telephone 619/431-9440). endemic plant species in the United 40550 Federal Register / Vol. 60, No. 153 / Wednesday, August 9, 1995 / Proposed Rules

States (Gentry 1986) and currently a type specimen collected from ‘‘lower flower heads are composed of 8 to 10 experiences one of the highest human California,’’ (Gray 1872). Gray (1878) ray flowers and 13 to 21 disk flowers population growth rates in the country. subsequently renamed the species A. with hairless or sparingly downy Habitat destruction or modification ilicifolia. A. ilicifolia is an annual corollas. The phyllaries are keeled with adversely affects taxa native to this area aromatic herb of the mint family short-stalked glands and large, by reducing population densities and (). Members of the genus have unstalked, flat glands near the margins. contributing to habitat fragmentation. whorled flowers subtended by a pair of H. conjugens occurs within the range of Rapid urbanization and agricultural leaves and several sharply-spined H. fasciculata and H. paniculata. conversion in Orange and San Diego bracts. A. ilicifolia can be distinguished Certain morphological characteristics of Counties has already eliminated or from other members of the genus by its H. conjugens are intermediate between reduced populations of the four plant hairless anthers and style. The tubular, those of the closely related species, H. taxa addressed in this proposed rule. two-lipped corollas are white with rose fasciculata and H. paniculata (Tanowitz These species have also been adversely markings on the lower lip. 1982). H. conjugens can be affected by the invasion of non-native Acanthomintha ilicifolia usually distinguished from other members of plants, off-road vehicle use, increased occurs on clay soils in open patches of the genus by its keeled phyllaries, black erosion, grazing, and trampling by coastal sage scrub and chaparral of anthers, and its number of disk and ray humans. coastal San Diego County and south to flowers. By the 1980’s, nearly 90 percent of the San Telmo in northern Baja California, Hemizonia conjugens has a very entire coastal sage scrub ecosystem in Mexico. This taxon is considered to be limited distribution, consisting of 15 California had been lost (Westman ‘‘. . . one of the most restricted clay soil populations near Spring Valley in 1981a, 1981b). In San Diego County, 95 endemics’’ (Oberbauer 1993). It is southern San Diego County and one percent of the native perennial frequently associated with gabbro soils population in Baja California, Mexico grasslands and nearly 60 percent of the derived from igneous rock, and also (Rieser 1994; Sandy Morey, Endangered coastal sage scrub had been eliminated occurs in calcareous marine sediments. Plants Program Coordinator, California as a result of urban and agricultural About 40 percent of the known 35 Department of Fish and Game, in litt. development (Oberbauer and historic populations of A. ilicifolia in 1994). Three of the 18 historic localities Vanderweir 1991, San Diego the United States have been extirpated. of H. conjugens in the United States are Association of Governments 1995). Currently, about 40,000 individuals are considered to be extirpated (Hogan From 1950 to 1990, the human distributed over 20 sites in the United 1990, S. Morey in litt. 1994). This taxon population of San Diego County States ranging from San Marcos east to is restricted to clay soils in coastal sage increased by 349 percent and the Alpine and south to Otay Mesa (San scrub and grassland habitats. H. population of Orange County increased Diego County) (California Native conjugens appears to tolerate mild by 1,015 percent (California Department Natural Diversity Data Base (CNNDDB) levels of disturbance such as light of Finance 1993). Most of these 1994, Reiser 1994). At least nine sites grazing (Dr. Barry Tanowitz, University increases occurred within or near sites are known to have recently supported of California, Santa Barbara, in litt. historically occupied, in part, by coastal A. ilicifolia in Baja California, Mexico. 1977; Hogan 1990). Such mild sage scrub. About 125,000 acres of The status of this species in Mexico is disturbances may create sites necessary coastal sage scrub remain in San Diego uncertain. for germination (Tanowitz 1977), but the County (Service 1991). Between 1990 Dudleya stolonifera (Laguna Beach species is threatened by activities such and 2015, the number of occupied liveforever) was first described by Reid as development and intensive housing units in San Diego County is Moran (1949), based on a specimen agriculture. Until its rediscovery in Baja expected to increase by 69 percent (San collected in 1948 from Aliso Canyon California in 1977, this species was Diego Association of Governments (Orange County). This succulent considered to be extinct as a result of 1991). The trend of habitat loss and perennial member of the stonecrop extensive development within its range fragmentation is expected to continue as family () has basal rosettes (Tanowitz 1978). the population of southern California of flat, oblong, bright green leaves that Monardella linoides.ssp. viminea was expands. arise from a woody base. Its flowers first described in 1902 by Edward L. Populations of the proposed taxa in have bright yellow-green petals that are Greene, who named it Monardella Baja California are also threatened by fused near their base. D. stolonifera is viminea, from a type specimen collected land use practices. For example, Bowler distinguished by its branching stolons, by Vassey in 1880 (Greene 1902). (1990) and Oberbauer (1994) reported with lateral vegetative branches that Greene (1906) subsequently renamed that coastal scrub vegetation in northern arise from the basal rosette (Moran the plant Madronella viminea. Munz Baja California is being grazed, burned 1977). D. stolonifera occurs on steep (1935) reduced the rank of Monardella to increase grass production, and cliffs in canyons near Laguna Beach. viminea to a subspecies of Monardella rapidly converted to row-crop This species is known from only six linoides. Monardella linoides ssp. agriculture or condominiums, populations, comprising a total of 8,000 viminea is a perennial herb of the mint campgrounds, and resort housing. Rea to 10,000 individuals (Fred Roberts, family (Lamiaceae) with a woody base and Weaver (as cited in Atwood 1990) Service botanist, pers. comm. 1994). and aromatic foliage. The leaves of this also noted that coastal sage scrub in Baja Hemizonia conjugens (Otay tarweed) species are linear to lanceolate. Its pale California ‘‘. . . has been seriously was first described by David D. Keck white to rose-colored flowers are borne degraded by burning, grazing, and (1958) based on a specimen collected by in dense terminal heads subtended by conversion to vineyards during the past L.R. Abrams from river bottom land in greenish-white, often rose-tipped bracts. two decades.’’ the Otay area of San Diego. H. This taxon can be distinguished from conjugens, a glandular, aromatic annual other members of the genus by its Discussion of the Four Species of the sunflower family (Asteraceae), glaucous-green, hairy stem and its Proposed for Listing has a branching stem from 5 to 25 conspicuously gland-dotted bracts. Acanthomintha ilicifolia (San Diego centimeters (2 to 9.8 inches) in height, Monardella linoides ssp. viminea often thornmint) was first described by Asa and deep green or gray-green leaves grows in sandy washes and floodplains, Gray as Calamintha ilicifolia, based on with soft, shaggy hairs. The yellow and is frequently associated with Federal Register / Vol. 60, No. 153 / Wednesday, August 9, 1995 / Proposed Rules 40551

Eriogonum fasciculatum (California No. 94–51 and the July 1, 1975, certain pending petitions within 12 buckwheat), Platanus racemosa publication. A. ilicifolia, D. stolonifera, months of their receipt. Section 2(b)(1) (sycamore), Quercus agrifolia (coast live H. conjugens, and M. linoides ssp. of the 1982 amendments further oak), Artemisia californica (California viminea were also included in the June requires that all petitions pending on sagebrush), and Baccharis sarothroides 16, 1976, proposal. October 13, 1982, be treated as having (coyote-bush) (Scheid 1985). General comments received in been newly submitted on that date. This Approximately 6,000 individuals of response to the 1976 proposal were was the case for all the species presently Monardella linoides ssp. viminea from summarized in an April 26, 1978, notice being proposed, because the 1975 20 populations are thought to be extant (43 FR 17909). The Endangered Species Smithsonian report that included these in the United States. This taxon was Act amendments of 1978 required that species was accepted as a petition. On previously known from 27 occurrences all proposals over 2 years old be October 13, 1983, the Service found that in the United States. All but one withdrawn. A 1-year grace period was the petitioned listing of these species population of approximately 200 given to those proposals already more was warranted, but that the listing of individuals occurs between Penasquitos than 2 years old. In a December 10, these species was precluded by other Canyon and Mission Gorge in San Diego 1979, notice (44 FR 70796), the Service pending listing actions of higher priority County. Fifteen populations have fewer withdrew the outstanding portion of pursuant to section 4(b)(3)(c)(i) of the than 100 plants, and 6 of these contain June 16, 1976, proposal, along with four Act. The finding was reviewed in fewer than 15 individuals. One other proposals that had expired. population occurs near Arroyo Jatay in The Service published a Notice of October 1984 through 1993. northern Baja California, Mexico. Review for plants on December 15, 1980 In 1990, the Service received a (45 FR 82480). This notice included petition to list Hemizonia conjugens Previous Federal Actions Acanthomintha ilicifolia, Dudleya (dated December 14, 1990) as Federal government action on the four stolonifera, Hemizonia conjugens, and endangered and a petition to list plant taxa considered in this rule began Monardella linoides ssp. viminea as Acanthomintha ilicifolia (undated) as as a result of section 12 of the category 1 candidate taxa (species for endangered from David Hogan of the Endangered Species Act of 1973, as which data in the Service’s possession San Diego Biodiversity Project. These amended (16 U.S.C. 1531 et seq.), which are sufficient to support a proposal for petitions also requested the designation directed the Secretary of the listing). On November 28, 1983, the of critical habitat. A. ilicifolia and H. Smithsonian Institution to prepare a Service published in the Federal conjugens were included in the report on those plants considered to be Register (48 FR 53640) a supplement to Smithsonian Institution’s Report of 1975 endangered, threatened, or extinct. This the 1980 Notice of Review. This that had been accepted as a petition. report, designated as House Document supplement treated A. ilicifolia, M. The Service, therefore, regarded Mr. No. 94–51, was presented to Congress linoides ssp. viminea, and H. conjugens Hogan’s petitions to list these two taxa on January 9, 1975, and listed as category 2 candidate taxa (species for as second petitions. Acanthomintha ilicifolia, Dudleya which data in the Service’s possession stolonifera, Monardella linoides ssp. indicate listing may be appropriate, but Summary of Factors Affecting the viminea, and Hemizonia conjugens as for which additional biological Species endangered. The Service published a information is needed to support a notice on July 1, 1975 (40 FR 27823), of proposed rule). In the September 27, Section 4 of the Endangered Species its acceptance of the report of the 1985, revised Notice of Review for Act and regulations (50 CFR part 424) Smithsonian Institution as a petition plants (50 FR 39526), D. stolonifera was promulgated to implement the listing within the context of section 4(c)(2) included as category 1 species; and A. provisions of the Act set forth the (now section 4(b)(3)) of the Act, and of ilicifolia, H. conjugens, and M. linoides procedures for adding species to the its intention thereby to review the status ssp. viminea were included as category Federal lists. A species may be of the plant taxa named therein. A. 2 taxa. Enough data were subsequently determined to be endangered or ilicifolia, D. stolonifera, H. conjugens, gathered to include A. ilicifolia as a threatened due to one or more of the and M. linoides ssp. viminea were category 1 species in the February 21, five factors described in section 4(a)(1). included in the July 1, 1975, notice. On 1990, Federal Register (50 FR 45242). The threats facing these four taxa are June 16, 1976, the Service published a The plant Notice of Review was again summarized in Table 1. These factors proposal (41 FR 24523) to determine revised on September 30, 1993 (58 FR and their application to Acanthomintha approximately 1,700 51144). The status of D. stolonifera and ilicifolia (Gray). Gray (San Diego species to be endangered species A. ilicifolia remained as category 1 thornmint), Dudleya stolonifera Moran pursuant to section 4 of the Act. The list candidate species; H. conjugens and M. (Laguna Beach liveforever), Hemizonia of 1,700 plant taxa was assembled on linoides ssp. viminea remained as conjugens Keck (Otay tarweed), and the basis of comments and data received category 2 candidate species. monardella linoides ssp. viminea by the Smithsonian Institution and the Section 4(b)(3)(B) of the Act requires (Greene) Abrams (willowy monardella) Service in response to House Document the Secretary to make findings on are as follows:

Trampling Alien plant Urbaniza- Alteration of grazing species ORV* tion Mining hydrology

Acanthomintha ilicifolia ...... X X X X X Dudleya Stolonifera ...... X X X Hemizonia Conjugens ...... X X X Monardella linoides ssp. viminea ...... X X X X *ORV=Off-road Vehicle. 40552 Federal Register / Vol. 60, No. 153 / Wednesday, August 9, 1995 / Proposed Rules

A. The present or threatened non-native plant species (Fred Sproul, development projects, and one of these destruction, modification, or pers. comm. 1992). may already be extirpated. At least 80 curtailment of their habitat or range. The status of Acanthomintha ilicifolia percent of the largest known population The rapid urbanization of coastal and its habitat in northwestern Baja (about 60 percent of all known southern California imminently California, Mexico, is not well individuals) of this species is threatened threatens the four taxa in this proposed documented. The species is known to by a proposed housing development rule. Many of the same factors occur as far south as Las Escobas near (Dudek and Associates 1992, S. Morey threatening Acanthomintha ilicifolia, San Quintin, but its distribution in in litt. 1994). Hemizonia conjugens, and Monardella Mexico is spotty (Reid Moran, pers. Monardella linoides ssp. viminea was linoides ssp. viminea in the United comm. 1992). The San Diego Natural previously known from 27 occurrences States (urban and agricultural History Museum has herbarium in the United States, seven of which development) are threatening these specimens of A. ilicifolia from nine have been extirpated by transportation species in Baja California, Mexico. localities in Baja California, Mexico. projects and industrial development. Of Of the 35 historically known However, little information is available the five remaining occurrences with at populations of Acanthomintha ilicifolia on numbers of individuals or specific least 100 individuals, none are currently in the United States, 15 have been threats. One population near Tecate is protected. The remaining populations of extirpated by residential or commercial threatened by an adjacent clay mining M. linoides ssp. viminea are threatened developments. In addition, off-road operation (Tom Oberbauer, senior by urban development, sand and gravel vehicle activity and trampling by cattle planner, San Diego County, pers. comm. mining, off-road vehicle activity, and humans have contributed to the 1992). This northern region represents trampling, trash dumping, and erosion. decline of this species. Thirteen of the one of the most severely impacted areas One of the largest populations (2,000 to remaining 20 populations of A. ilicifolia in Baja California and many of the same 3,000 individuals) is located on private occur on unprotected land, and several factors (urban and agricultural property, on Federal land managed by of these are declining rapidly. For development) that have affected the the Navy, and on City-owned property example, a site near Rancho Santa Fe status of this taxon in the United States (Sycamore Canyon City Park). This supported hundreds of plants in 1978, also threaten the species in Mexico. population has been damaged by off- but only three plants in 1986 (CNNDDB Approximately 8,000 to 10,000 road vehicles and fire, which continue 1994). The habitat in this area was individuals of Dudleya stolonifera in six to threaten the remaining populations of degraded, apparently from the impacts locations are thought to be extant. Urban this taxon. Two populations on Miramar of adjacent development (CNNDDB development and associated edge effects Naval Air Station land have been 1994). A population of A. ilicifolia in (see Factor E) threaten D. stolonifera. partially destroyed by road Encinitas contained 11,000 plants in Approximately half of the Canyon Acres construction. The other two large 1989, but only 1,400 in 1992. This population of D. stolonifera has been populations of M. linoides ssp. viminea population is threatened by trampling cleared by the landowner (CNNDDB are on private property. One of these and soil erosion (Robert Taylor, 1992). (approximately 340 individuals) is botanical consultant, pers. comm. 1992). Habitat for Dudleya stolonifera is also threatened by sand and gravel mining. Another locality was partially extirpated degraded by adjacent land uses. The The other population, with by an unauthorized haul road, which type locality for D. stolonifera is approximately 200 individuals, is on eliminated 60 to 70 percent of the adjacent to urban development and is property proposed for development. population (CNNDDB 1994). declining due to increased shading and Habitat for this taxon in Los Penasquitos Five of the known remaining competition from non-native plants (Kei City Regional Park is degraded by locations of Acanthomintha ilicifolia Nakai, botanical consultant, pers. stream erosion, trash dumping, and the occur on protected land. Two comm. 1992). The largest population of invasion of non-native species. Another populations occur on the Cleveland D. stolonifera, located directly adjacent population in San Clemente Park, National Forest (Viejas Mountain and to residential development in Aliso owned by the City of San Diego, was Poser Mountain). Two populations are Canyon (Orange County), is threatened reported to have approximately 60 found in parks owned by the City of San by fuel modification and hydroseeding plants in the-early 1980’s, but contained Diego (Penasquitos Canyon and Mission (City of Laguna Beach 1993; Fred fewer than 35 plants in 1987 (CNNDDB Trail). One population, located on Roberts, pers. comm. 1994). 1992). McGinty Mountain, is managed by The Proposed development threatens the B. Overutilization for commercial, Nature Conservancy and the California majority of the remaining populations of recreational, scientific, or educational Department of Fish and Game. However, Hemizonia conjugens in the United purposes. Dudleya stolonifera is these localities are vulnerable to habitat States. In addition, much of the threatened by overcollection. Field- degradation resulting from trampling, potentially suitable habitat for this collected specimens of Dudleya dumping, erosion, and off-road vehicle species has been cleared for agriculture. stolonifera have been found in southern activity. The McGinty Mountain Three of the 18 historic locations of H. California nurseries, and are likely to be population is threatened by a proposed conjugens are considered to be harvested for private collections (Kei water tower project (Fred Sproul, extirpated (Hogan 1990, S. Morey in litt. Nakai, horticulturalist, in litt. 1978, and botanical consultant, pers. comm. 1992). 1994). None of the existing populations pers. comm. 1992). D. stolonifera and Roads adjacent to populations in the are entirely protected. One population Monardella linoides ssp. viminea are vicinity of McGinty Mountain and previously known from an open space known to be in cultivation (Mike Evans, Penasquitos Canyon provide easy access easement in a residential area had 100 Tree of Life Nursery, in litt. 1987; for foot traffic and off-road vehicle use plants in 1987, but was subsequently Hickman 1993). Overutilization is not (Mike Kelly, Friends of Los Penasquitos reported as extirpated (Hogan 1990). known to be a factor for the other taxa Canyon, pers. comm. 1992). The Viejas The majority of remaining habitat for in this proposed rule. Mountain population has been this species is degraded by illegal C. Disease or predation. Herbivory adversely affected by trampling impacts dumping and off-road vehicle activity. may threaten some populations of the associated with grazing, resulting in At least five of the remaining localities plants contained in this proposed rule. increased erosion and the invasion of for H. conjugens are within proposed For example, failure of the Federal Register / Vol. 60, No. 153 / Wednesday, August 9, 1995 / Proposed Rules 40553

Acanthomintha ilicifolia transplants at of the populations of Acanthomintha may not adequately consider the needs Quail Gardens was attributed primarily ilicifolia occur on Federal lands (two of of sensitive species in the establishment to rabbit predation (Don Miller, Quail 14 populations). It is unlikely that a of open space areas. The few existing Gardens, pers. comm. 1992). Herbivory Conservation Agreement with the Forest resource protection ordinances are by rabbits has also been identified as a Service on these populations would subject to interpretation, and threat to populations of Monardella significantly affect the decline of the compliance is not required in cases linoides ssp. viminea in San Clemente species. About one-half of the extant where findings of overriding social and Park (John Rieger, biologist, California Monardella linoides ssp. viminea economic considerations are made. In Department of Transportation, pers. populations occur on private land and many cases, land-use planning comm. 1992). the distribution of this taxon, frequently decisions are made on the basis of D. The inadequacy of existing characterized by small populations, is environmental review documents regulatory mechanisms. Existing extremely restricted. A conservation prepared as a requirement of the regulatory mechanisms that could agreement with the Navy would not California Environmental Quality Act provide some protection for these taxa reduce the decline of this taxon over a (CEQA) or the National Environmental include: (1) the Federal Endangered significant portion of its range. Policy Act. These documents have not Species Act in cases where these taxa Monardella linoides ssp. viminea adequately addressed potential impacts occur in habitat occupied by a listed could potentially be affected by projects to the four taxa or offered sufficient species; (2) conservation provisions requiring a permit from the Army Corps compensation for losses that continue to under the Federal Clean Water Act; (3) of Engineers under section 404 of the contribute to net loss of habitat. As an listing under the California Endangered Clean Water Act. Although the objective example, impacts to biological resources Species Act; (4) the California of the Clean Water Act is to ‘‘restore and associated with two large-scale Environmental Quality Act; (4) maintain the chemical, physical, and residential development projects implementation of conservation plans biological integrity of the Nation’s (approximately 98 hectares (ha) (244 pursuant to the California Natural waters’’ (Pub. L. 92-500), which acres (ac)) and 266 ha (665 ac)) in the Community Conservation Planning includes navigable and isolated waters, vicinity of Otay Mesa, occupied in part program; (5) land acquisition and headwaters, and adjacent wetlands, by H. conjugens, are considered to be management by Federal, State, or local there are no specific provisions that significant even after all mitigation agencies or by private groups and adequately address the need to conserve measures are implemented. organizations; (6) local laws and candidate species such as those Nonetheless, statements of overriding regulations; and (7) enforcement of considered herein. Candidate species considerations were developed, and Mexican laws. receive no special consideration under both projects were recently approved by The coastal California gnatcatcher section 404 of the Clean Water Act. the San Diego City Council (Ellen (Polioptila californica californica) is The California Fish and Game Berryman, pers. comm. 1994). listed as a threatened species under the Commission has listed Acanthomintha Act, and occurs in some of the areas ilicifolia, Hemizonia conjugens, and Transplantation and relocation occupied by these four plant taxa. Monardella linoides ssp. viminea as projects are frequently used to However, the legal authority to protect endangered and Dudleya stolonifera as compensate for the loss of rare plant the gnatcatcher does not extend to threatened under the Native Plant species under CEQA. Hall (1987) and candidate species. For example, the City Protection Act (chapter 10 section 1900 Fiedler (1991) document several of San Diego has recently approved et seq. of the Fish and Game Code) and attempts at transplanting plans for a large-scale development California Endangered Species Act Acanthomintha ilicifolia, Hemizonia project that will result in significant (chapter 1.5 section 2050 et seq.). conjugens, and Monardella linoides ssp. impacts to the California gnatcatcher Though both statutes prohibit the ‘‘take’’ viminea. In one transplantation project and coastal sage scrub. No mitigation for of State-listed plants (sections 1908 and for A. ilicifolia, maintenance and impacts to Hemizonia conjugens has 2080), State law exempts the taking of monitoring was scheduled for a period been recommended by the project such plants via habitat modification or of 5 years. Subsequently, all records of proponent (Ellen Berryman, Service land use change by a landowner. After the project were lost and the new biologist, pers. comm. 1994) Currently, the Department notifies a land owner property owner claimed no the Service is working with local fire that a State-listed plant grows on his or responsibility for the project. This site management agencies in San Diego her property, State law requires only was destroyed by trash dumping and County on a cooperative agreement that that the landowner notify the agency ‘‘at off-road vehicle use (Hall 1987). At least would allow for incidental take of the least 10 days in advance of changing the six of the eight transplant populations of California gnatcatcher within 30 m (100 land use to allow salvage of such this species are either rapidly declining ft) of existing development. If plants’’ (chapter 10 section 1913). or have been extirpated, largely as a implemented, this agreement may result Although H. conjugens is listed as result of weed invasion (Fred Sproul, in additional impacts to several of the endangered by the State, at least two Mitch Beauchamp, Robert Taylor, taxa here proposed (John Lovio, Service large-scale development projects have botanical consultants, pers. comm. biologist, pers. comm. 1995). recently been approved by the City of 1992). Although two of the transplanted Conservation agreements with other San Diego that will have significant, A. ilicifolia populations (Sabre Springs Federal agencies may reduce the decline unmitigated impacts on this species and and San Pasqual) are somewhat stable, of some species to the point at which its associated grassland/coastal sage they are not likely to survive when listing as threatened or endangered scrub habitat (Ellen Berryman, pers. weeding is discontinued (Robert Taylor, would not be appropriate. However, comm. 1994). pers. comm. 1992). One year after 45 conservation agreements with other The majority of the known individuals of M. linoides ssp. viminea Federal agencies would not appreciably populations of Acanthomintha ilicifolia, were transplanted by the California benefit most of the taxa in this rule. Two Dudleya stolonifera, and Hemizonia Department of Transportation, only four of the four taxa (Dudleya stolonifera and conjugens occur on privately-owned had survived (Hall 1987). Of the 53 Hemizonia conjugens) do not occur on land. Local and county zoning transplantation, relocation, or Federal lands, and only a small fraction designations are subject to change and reintroduction projects reviewed by 40554 Federal Register / Vol. 60, No. 153 / Wednesday, August 9, 1995 / Proposed Rules

Fiedler (1991), only 15 percent were conserved by the proposed preserve trade that may be detrimental to the considered to be fully successful. None within the subregion, and other major survival of plants and animals. of these included A. ilicifolia, H. populations are protected but subject to Generally, both import and export conjugens, or M. linoides ssp. viminea. edge effects. The MHCP contains about permits are required from the importing Transplantation has not yet been 25 percent of the United States and exporting countries before an demonstrated to provide for the long- populations of A. ilicifolia, including Appendix I species may be shipped, and term viability of any of the four taxa two major populations. These Appendix I species may not be exported under consideration in this proposed populations are adequately protected. for primarily commercial purposes. rule. All of the United States populations However, plants that are certified by the In 1991, the State of California of Hemizonia conjugens occur within Service as artificially propagated in established the Natural Communities the MSCP subregion. Two of the major accordance with CITES conference Conservation Planning (NCCP) Program populations, containing about 70 resolutions may be exported for to address conservation needs of natural percent of all known individuals, are commercial purposes with only CITES ecosystems throughout the State. The within proposed development projects export documents from the exporting initial focus of the program is the that would fragment the remaining country. CITES permits may not be coastal sage scrub community occupied, habitat. The five remaining major issued if the export will be detrimental in part, by these four taxa. populations (containing about 25 to the survival of the species or if the Acanthomintha ilicifolia, Dudleya percent of all individuals) may be specimens were not legally acquired. stolonifera, Hemizonia conjugens, and subject to edge effects. The Service is However, CITES does not regulate take Monardella linoides ssp. viminea have working with local jurisdictions and or domestic trade. been included as taxa for consideration landowners to protect these E. Other natural or manmade factors under the coastal sage scrub NCCP populations. affecting their continued existence. At Program. Several regional plans, the While about 95 percent of the United least two of the taxa in this proposed Multi-species Conservation Plan (MSCP) States range of Monardella linoides ssp. rule, Dudleya stolonifera and and the Multi-habitat Conservation Plan viminea occurs within the MSCP Monardella linoides ssp. viminea, are (MHCP) of San Diego County, and the subregion, only about 20 percent occurs threatened with stochastic (random) Central/Coastal Subregional NCCP/ outside Miramar Naval Air Station. extinction by virtue of their small Habitat Conservation Plan (Central/ Though Miramar is not participating in population sizes. Chance events, such as Coastal NCCP) of Orange County are the MSCP, the Navy is working on a floods, fires, or drought, can under development by a consortium of management plan with the advice of the substantially reduce or eliminate county and municipal governments and Service. At least one additional small populations and increase the likelihood other parties, including the California population occurs within the Poway of extinction. In addition, small Department of Fish and Game and Habitat Conservation Plan area. Current populations are threatened by Service. Though no plans have been efforts in the MSCP and Poway, while inbreeding depression (Lande 1988, completed to date, progress is currently proposing adequate conservation within Ellstrand 1992). Small populations can being made and significant protection their respective areas, are not enough to have significantly lower germination will be provided by the NCCP program preclude listing. However, with the rates than larger populations of the same for the four taxa. completion of the Navy’s management species due to high levels of If adopted and implemented, the plan, M. linoides ssp. viminea should be homozygosity (Menges 1991). Local Central/Coastal NCCP as currently adequately protected. extinctions of plant species can occur in proposed may preclude the need to list Populations of Acanthomintha areas with a high degree of Dudleya stolonifera. The Central/Coastal ilicifolia on Federal land (Cleveland environmental stochasticity (e.g. large NCCP proposes protection for about 80 National Forest) are being negatively fluctuations in rainfall, etc.). percent of the D. stolonifera populations affected by unauthorized grazing and Furthermore, Acanthomintha ilicifolia in the San Joaquin Hills of Orange illegal shooting and dumping (Winter and Hemizonia conjugens are annuals County. The largest population (about 1991). The most significant populations that undergo large population 40 percent of all individuals) would not of Monardella linoides ssp. viminea fluctuations from year to year. Annuals be included within the preservation occur on Federal land at Miramar Naval may not have a persistent seed bank or boundary. However, this population Air Station. Though no management may be unable to recolonize areas of (Big Bend, Laguna Canyon) occurs on a plan exists for this taxon, Miramar is suitable habitat due to dispersal barriers rugged cliff and already receives some nearing the completion of a draft plan. such as intervening development. These protection and management from the Management of the Naval Air Station populations are particularly vulnerable City of Laguna Beach which has will soon be transferred to the United to local extirpations. recognized the significance of this States Marine Corps, which will Non-native grass and forb species locality since 1982. participate in the planning effort. have invaded many of southern While Acanthomintha ilicifolia, The ranges of Acanthomintha California’s plant communities. Their Hemizonia conjugens, and Monardella ilicifolia, Hemizonia conjugens, and presence and abundance is generally an linoides ssp. viminea will benefit from Monardella linoides ssp. viminea extend indirect result of habitat disturbance by the MSCP and MHCP planning efforts in into northern Baja California, Mexico. development, mining, grazing, discing, San Diego County, these planning Mexico has laws that could provide and alteration of hydrology. The efforts have yet to be approved. If protection to rare plants; however, invasion of both native and non-native adopted and implemented, the plans enforcement of these laws is lacking wetland plant species as a result of may preclude the need to list one or (Service 1992). altered drainage patterns threatens more of these taxa. About 70 percent of On July 29, 1983, Dudleya stolonifera habitat for Monardella linoides ssp. the United States populations of A. was included in Appendix I of the viminea (Scheid 1985). Grazing ilicifolia occur within the MSCP Convention on International Trade in negatively affects Acanthomintha subregion, including eight of 11 major Endangered Species of Wild Fauna and ilicifolia by increasing erosion, populations. Four of these eight major Flora (CITES). CITES is a treaty contributing to soil compaction, and populations are not adequately established to prevent international introducing a variety of non-native Federal Register / Vol. 60, No. 153 / Wednesday, August 9, 1995 / Proposed Rules 40555 grasses that exclude A. ilicifolia from by a species, at the time it is listed in consultation process. Therefore, the areas of otherwise suitable habitat accordance with the Act, on which are Service finds that designation of critical (Winter 1991). Several populations of found those physical or biological habitat for these species is not prudent Dudleya stolonifera are threatened by features (I) essential to the conservation at this time, because such designation trampling and the invasion of exotic of the species and (II) that may require would increase the degree of threat from plant species (Marsh 1992). All four taxa special management considerations or vandalism, collecting, or other human in this proposal are subject to protection and; (ii) specific areas activities and because it is unlikely to displacement by exotic plant species. outside the geographical area occupied aid in the conservation of the taxa. Although many coastal sage scrub and by a species at the time it is listed, upon Available Conservation Measures chaparral species are adapted to a determination that such areas are periodic fires, the taxa in this proposal essential for the conservation of the Conservation measures provided to are threatened by fire that can result in species. ‘‘Conservation’’ means the use species listed as endangered or the extirpation of individuals or entire of all methods and procedures needed threatened under the Endangered populations of these species. In to bring the species to the point at Species Act include recognition, addition, the disruption in natural fire which listing under the Act is no longer recovery actions, requirements for cycles can also result in the conversion necessary. Federal protection, and prohibitions of coastal sage scrub or chaparral Section 4(a)(3) of the Act, as against certain activities. Recognition habitats into non-native grasslands amended, and implementing regulations through listing results in public (Tyrrel 1982). For example, several (50 CFR 424.12) require that, to the awareness and conservation actions by catastrophic wildfires in 1993 burned maximum extent prudent and Federal, State, local, and private over 16,000 ha (40,000 ac) of coastal determinable, the Secretary designate agencies, groups, and individuals. The sage scrub and associated habitats in critical habitat at the time a species is Act provides for possible land Orange and San Diego Counties listed. Service regulations (50 CFR acquisition and cooperation with the (Service, unpublished data). These fires 424.12(a)(1)) state that designation of States and requires that recovery plans affected three of the six remaining critical habitat is not prudent when one be developed for all listed species. The populations of Dudleya stolonifera. Due or both of the following situations protection required of Federal agencies to the intensity of these burns, it is exist—(1) The species is threatened by and the prohibitions against certain possible that some of the affected D. taking or other human activity, and activities involving listed plants are stolonifera populations will not fully identification of critical habitat can be discussed, in part, below. recover. expected to increase the degree of threat Section 7(a) of the Act, as amended, Dudleya stolonifera, Hemizonia to the species, or (2) such designation of requires Federal agencies, to evaluate conjugens, Acanthomintha ilicifolia, critical habitat would not be beneficial their actions with respect to any species and Monardella linoides ssp. viminea to the species. that is proposed or listed as endangered generally persist as small, isolated The Service finds that the designation or threatened and with respect to its populations surrounded by urban or of critical habitat is not prudent for critical habitat, if any is being agricultural development. Much of the these four species at this time. designated. Regulations implementing remaining habitat for these taxa is Publication of precise maps and this interagency cooperation provision degraded, and is threatened by off-road descriptions of critical habitat would of the Act are codified at 50 CFR part vehicle activity, the invasion of increase the degree of threat to the four 402. Section 7(a)(4) of the Act requires nonnative plants, and trampling by taxa from take or vandalism and could Federal agencies to confer with the cattle and humans. These four species contribute to their decline. The listing of Service on any action that is likely to are in danger of extinction throughout these species under the Act publicizes jeopardize the continued existence of a all or a significant portion of their the rarity of the plants and, thus, can species proposed for listing or result in ranges. The Service has carefully make them attractive to researchers, destruction or adverse modification of assessed the best scientific and curiosity seekers, or collectors of rare proposed critical habitat. If a species is commercial information available plants. Dudleya stolonifera and listed subsequently, section 7(a)(2) regarding the past, present, and future Monardella linoides ssp. viminea are requires Federal agencies to ensure that threats faced by these four taxa in known to be in cultivation. activities they authorize, fund, or carry determining to propose this rule. Based Most populations of Acanthomintha out are not likely to jeopardize the on this evaluation, the Service finds that ilicifolia, Dudleya stolonifera, and continued existence of such a species or the preferred action is to list Dudleya Hemizonia conjugens are on privately to destroy or adversely modify its stolonifera, Hemizonia conjugens, owned land with little or no Federal critical habitat. If a Federal action may Acanthomintha ilicifolia, and involvement. Therefore, the designation affect a listed species or its critical Monardella linoides ssp. viminea as of critical habitat would provide no habitat, the responsible Federal agency endangered. These four taxa are additional benefit for these taxa. Several must enter into consultation with the threatened by one or more of the populations of Monardella linoides ssp. Service. following factors: urbanization, viminea are found on Federal land at Federal agencies expected to have agricultural conversion, off-road vehicle Miramar Naval Air Station. In addition, involvement with Monardella linoides activity, stochastic events, this taxon generally occurs along ssp. viminea include the Army Corps of overcollecting, trampling, and the streams and washes where Federal Engineers and the Environmental invasion of nonnative species. involvement may occur through section Protection Agency due to their permit Critical habitat is not being proposed 404 of the Clean Water Act. All authority, under section 404 of the for these taxa for the reasons discussed appropriate Federal and State agencies Clean Water Act. M. linoides ssp. below. and local planning agencies have been viminea occurs on Miramar Naval Air notified of the locations and importance Station. This base will likely be Critical Habitat of protecting habitat for these species. involved through military activities or Critical habitat is defined in section 3 Protection of habitat for the four taxa potential transfer of excess Federal of the Act as: (i) the specific areas will be addressed through the recovery lands. The Forest Service has within the geographical area occupied process and through the section 7 jurisdiction over several populations of 40556 Federal Register / Vol. 60, No. 153 / Wednesday, August 9, 1995 / Proposed Rules

Acanthomintha ilicifolia. M. linoides prohibited without a Federal requests must be made in writing and be ssp. viminea may be affected by projects endangered species permit. Such addressed to the Field Supervisor of the funded in part by the Federal Highway activities on non-Federal lands would Carlsbad Field Office (see ADDRESSES Administration. constitute a violation of section 9 of the section). The Act and its implementing Act, if conducted in knowing violation National Environmental Policy Act regulations set forth a series of general of California State law, including State prohibitions and exceptions that apply criminal trespass law. The Fish and Wildlife Service has to all endangered or threatened plants. Questions regarding whether specific determined that Environmental All prohibitions of section 9(a)(2) of the activities will constitute a violation of Assessments and Environmental Impact Act, implemented by 50 CFR 17.61 and section 9 should be directed to the Field Statements, as defined under the 17.71, apply. These prohibitions, in Supervisor of the Service’s Carlsbad authority of the National Environmental part, make it illegal for any person Office (see ADDRESSES section). Requests Policy Act of 1969, need not be subject to the jurisdiction of the United for copies of the regulations regarding prepared in connection with regulations States to import or export, transport in listed species and inquiries about adopted pursuant to section 4(a) of the interstate or foreign commerce in the prohibitions and permits may be Endangered Species Act of 1973, as course of a commercial activity, sell or addressed to the U.S. Fish and Wildlife amended. A notice outlining the offer for sale in interstate or foreign Service, Ecological Services, Service’s reasons for this determination commerce, or remove and reduce the Endangered Species Permits, 911 NE was published in the Federal Register species to possession from areas under Lith Avenue, Portland, Oregon 97232– on October 25, 1983 (48 FR 49244). 4181 (503) 231–2063 or FAX (503) 231– Federal jurisdiction. In addition, for References Cited plants listed as endangered, the Act 6243). prohibits the malicious damage or Public Comments Solicited A complete list of all references cited destruction on areas under Federal in this proposal is available upon The Service intends that any final jurisdiction and the removal, cutting, request from the Carlsbad Field Office action resulting from this proposal will digging up, or damaging or destroying of (see ADDRESSES section). be as accurate and as effective as such plants in knowing violation of any possible. Therefore, comments or Author State law or regulation, including State suggestions from the public, other criminal trespass law. Certain The primary authors of this proposed concerned governmental agencies, the exceptions to the prohibitions apply to rule are Ellen Berryman and Edna Rey- scientific community, industry, or any agents of the Service and State Vizgirdas (see ADDRESSES section) other interested party concerning this conservation agencies. (telephone 619/431–9440). proposed rule are hereby solicited. The Act and 50 CFR 17.62, 17.63, and Comments particularly are sought List of Subjects in 50 CFR Part 17 17.72 also provide for the issuance of concerning: permits to carry out otherwise Endangered and threatened species, (1) Biological, commercial, or other Exports, Imports, Reporting and prohibited activities involving relevant data concerning any threat (or endangered or threatened plants under recordkeeping requirements, and lack thereof) to these taxa; Transportation. certain circumstances. Such permits are (2) The location of any additional available for scientific purposes and to populations of these taxa and the Proposed Regulation Promulgation enhance the propagation or survival of reasons why any habitat should or the species. It is anticipated that permits Accordingly, the Service hereby should not be determined to be critical proposes to amend part 17, subchapter may be sought for cultivated specimens, habitat as provided by section 4 of the since two of the taxa are known to be B of chapter I, title 50 of the Code of Act; Federal Regulations, as set forth below: under cultivation and are in domestic (3) Additional information concerning trade. the range, distribution, and population PART 17Ð[AMENDED] It is the policy of the Service (59 FR size of these taxa; and 36272) to identify to the maximum (4) Current or planned activities in the 1. The authority citation for part 17 extent practicable at the time a species subject area and their possible impacts continues to read as follows: is listed, those activities that would or on these species. Authority: 16 U.S.C. 1361–1407; 16 U.S.C. would not constitute a violation of Final decisions on these species will 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– section 9 of the Act. Such information take into consideration the comments 625, 100 Stat. 3500; unless otherwise noted. is intended to clarify the potential and any additional information received 2. Section 17.12(h) is amended by impacts of a species’ listing on proposed by the Service, and such adding the following, in alphabetical and ongoing activities within the communications may lead to a final order under Flowering plants, to the List species’ range. Three of the four species regulation that differs from this of Endangered and Threatened Plants to in this rule are known to occur on lands proposal. read as follows: under the jurisdiction of the Forest The Endangered Species Act provides Service or the Department of Defense. for one or more public hearings on this § 17.12 Endangered and threatened plants. Collection, damage, or destruction of proposal, if requested. Requests must be * * * * * listed plants on these lands is received by September 25, 1995. Such (h) * * * Federal Register / Vol. 60, No. 153 / Wednesday, August 9, 1995 / Proposed Rules 40557

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

FLOWERING PLANTS

******* Acanthomintha San Diego thornmint U.S.A. (CA) ...... Lamiaceae ...... E NA NA ilicifolia.

******* Dudleya stolonifera .. Laguna Beach U.S.A. (CA) ...... Crassulaceae ...... E NA NA liveforever.

******* Hemizonia Otay tarweed ...... U.S.A. (CA) Mexico . Asteraceae ...... E NA NA conjugens.

******* Monardella linoides Willowy monardella . U.S.A. (CA) Mexico . Lamiaceae ...... E NA NA ssp. viminea.

*******

Dated: July 5, 1995. Mollie Beattie, Director, Fish and Wildlife Service. [FR Doc. 95–19714 Filed 8–8–95; 8:45 am] BILLING CODE 4310±55±P