4172 Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations

2. Section 22.935(f)(5) is revised to Ventura Field Office (see ADDRESSES Yucca whipplei (yucca), and the rare read as follows: section) (telephone: 805/644–1766; Cupressus forbesii (Tecate cypress). facsimile: 805/644–3458). Dudleya abramsii ssp. parva commonly § 22.935 Procedures for comparative occurs in a cactus-dominated coastal renewal proceedings. SUPPLEMENTARY INFORMATION: sage scrub, which provides nesting * * * * * Background habitat for the rare Bell’s sage sparrow (f) * * * Astragalus brauntonii (Braunton’s (Amphispiza belli belli) and rufous- (5) Parties will have 30 days in which crowned sparrow (Amophila ruficeps). to file exceptions to the Initial Decision. milk-vetch), Pentachaeta lyonii (Lyon’s pentachaeta), Dudleya abramsii ssp. Most of the coastal sage scrub where [FR Doc. 97–1699 Filed 1–28–97; 8:45 am] parva (Conejo dudleya), Dudleya Dudleya verityi occurs is dominated by BILLING CODE 6712±01±M cymosa ssp. marcescens (marcescent Artemisia californica (coastal dudleya), Dudleya cymosa ssp. sagebrush), Eriogonum fasciculatum ovatifolia (Santa Monica Mountains (wild buckwheat), Salvia leucophylla DEPARTMENT OF THE INTERIOR dudleya), and Dudleya verityi (Verity’s (purple sage), and occasionally dudleya) are located around the Los Coreopsis gigantea (giant coreopsis). Fish and Wildlife Service Angeles basin, California. The lowland Dudleya verityi is associated with the plains are bounded by mountains and rare Eriogonum crocatum (Conejo 50 CFR Part 17 hills that expose Mesozoic or older buckwheat) and Dudleya blochmaniae ssp. blochmaniae (Blochman’s dudleya). RIN 1018±AB88 basement rocks and sedimentary and A unique lichen flora of over 70 species igneous rocks of late Cretaceous to late is associated with Dudleya verityi and Endangered and Threatened Wildlife Pleistocene age. The southern portion of coastal sage scrub habitat on Conejo and Plants; Determination of the Transverse Ranges forms the Mountain (Riefner 1992). The grassland Endangered Status for Two Plants and northern and western boundary of the habitat in which Pentachaeta lyonii Threatened Status for Four Plants basin and includes the San Gabriel occurs is largely dominated by From Southern California Mountains, the Santa Monica introduced old world grass and herb Mountains, and the Simi Hills. The AGENCY: Fish and Wildlife Service, genera such as Avena, Brassica, Bromus, Santa Ana Mountains at the northern Interior. Centaurea, and Erodium. Several native end of the Peninsular Ranges border the ACTION: Final rule. plant species are present in these southern region of the basin. grasslands, including the bunch grass Strong substrate preferences are SUMMARY: The U.S. Fish and Wildlife Nassella pulchra. Service (Service) determines exhibited by all of the taxa included in endangered status for Astragalus this rule. Populations of Astragalus Discussion of the Six Plant Taxa brauntonii (Braunton’s milk-vetch) and brauntonii are only known to occur on Astragalus brauntonii was first Pentachaeta lyonii (Lyon’s pentachaeta) small limestone outcrops. Pentachaeta collected in 1901 by Ernest Braunton and threatened status for Dudleya lyonii is found on clay soils in ecotonal near Sherman (now called West abramsii ssp. parva (Conejo dudleya), areas between grasslands and Hollywood), Los Angeles County. Dudleya cymosa ssp. marcescens shrublands. All of the dudleyas occur Samuel B. Parish described it two years (marcescent dudleya), Dudleya cymosa on volcanic or sandstone rock outcrops later as Astragalus brauntonii. In 1929, ssp. ovatifolia (Santa Monica Mountains with specific microhabitat Per Axel Rydberg published the name dudleya), and Dudleya verityi (Verity’s characteristics. Dudleya verityi and Brachyphragma brauntonii in his dudleya). These taxa occur in grassland, Dudleya abramsii ssp. parva occur revision of the genus; however, this chaparral, or coastal sage scrub habitats exclusively on the outcrops and soils name was not recognized by most in the mountains surrounding the Los derived from the Miocene Conejo botanists. Rupert Barneby recognized Angeles basin, California. The six plants volcanics at the western end of the Simi the name Astragalus brauntonii in his are threatened by one or more of the Hills and the Santa Monica Mountains. Atlas of North American Astragalus following—urban development, Dudleya cymosa ssp. marcescens (Barneby 1964). Astragalus brauntonii is recreational activities, alteration of fire occupies the lower slopes of volcanic included in the current edition of The cycles and fire suppression activities, cliffs in canyons that have perennial Jepson Manual (Spellenberg 1993). overcollecting, habitat fragmentation moisture. Dudleya cymosa ssp. Astragalus brauntonii is a robust, and degradation, and competition from ovatifolia is found on rock outcrops short-lived perennial in the pea family invasive weeds. Several of the plants are with forms specific to sedimentary (Fabaceae). It is one of the tallest also threatened by naturally occurring conglomerate or volcanic breccia (Nakai members of the genus, reaching a height events by virtue of their small numbers 1987, Natural Diversity Data Base of 15 decimeters (dm) (60 inches (in.)) and population sizes. This rule (NDDB) 1994). and is covered with woolly hairs. A implements the protection and recovery Most of the major habitat types in thick taproot and woody basal stem provisions provided by the Endangered which these rare plants occur are gives rise to several to many stems. The Species Act (Act) for these plants. considered sensitive by the botanical 4 to 16 centimeter (cm) (1.5 to 6.5 in.) community in California. Large scale long leaves are pinnately compound EFFECTIVE DATE: February 28, 1997. loss of habitat, fragmentation, and with 25 to 33 oblong-ovate, abruptly ADDRESSES: The complete file for this alteration of natural ecosystem pointed leaflets. The light purple rule is available for inspection by processes have resulted from flowers are clustered in 35- to 60- appointment during normal business development, fire suppression activities, flowered racemes 4 to 14 cm (1.5 to 5.5 hours at the Ventura Field Office, U.S. cattle grazing, and vegetation type in.) long. The beaked, slightly curved Fish and Wildlife Service, 2493 Portola conversion by agricultural practices pods are oblong-ovoid and 6.5 to 9 Road, Suite B, Ventura, California (Schoenherr 1989). Astragalus millimeters (mm) (2.5 to 3.5 in.) long. 93003. brauntonii is associated with the fire- Astragalus brauntonii is readily FOR FURTHER INFORMATION CONTACT: Carl dependent chaparral habitat dominated distinguished from the only other Benz, Assistant Field Supervisor, by Adenostoma fasciculatum (chamise), perennial species of Astragalus in the Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations 4173 area, A. trichopodus, by being woolly as known population ever recorded was curled and the leaves are narrowly opposed to strigose (covered with sharp, approximately 400 individuals (Orange linear with ciliate margins (Van Horn stiff-appressed hairs) or glabrous County) in 1985 following a fire in 1982. 1973). There are no other members of (without hairs), and by having two- No plants remain there today. Nearby the genus in the region. chambered rather than one-chambered habitat for A. brauntonii in the Pentachaeta lyonii occupies pocket pods (Barneby 1964). Cleveland National Forest was surveyed grassland sites that intergrade with Astragalus brauntonii is considered a by endangered plant specialists from the shrublands, and the edges of roads and limestone endemic; the only Rancho Santa Ana Botanic Garden, but trails. Species typically associated with populations not found on limestone are no plants were found (Mistretta 1992). P. lyonii include Chorizanthe staticoides on down-wash sites (seed drift The remaining populations contain no (turkish rugging), Calochortus catalinae following a fire event), an occurrence more than approximately 20 to 30 (Catalina mariposa lily), Nassella along the edge of a fire road in individuals and the current total pulchra (purple needle-grass), and Monrovia, and at a location in Chino number of individuals is estimated to be annual members of the phlox family Hills (Sampson 1985) where the fewer than 100. The seed bank for A. (Polemoniaceae) (Thomas and Danielsen substrate type is unknown. Surveys for brauntonii may have the capability of 1984). Habitat of P. lyonii is A. brauntonii during post-fire floristic generating approximately 1,000 characterized by a low percentage of inventories within its known individuals in 4 highly subdivided total plant cover and exposed soils with distribution on substrates other than populations. a microbiotic crust (Belnap 1990), limestone have, to date, failed to Most of the habitat of Astragalus partially assisting in reducing indicate its presence on non-limestone brauntonii is on private land in areas competition with other species. Rodents soils. The potential occurrence of A. with expanding development. Four (Perognathus spp. and Peromyscus spp.) brauntonii on non-limestone soils public agencies, the California and harvester ant colonies should not be discounted; however, it is Department of Parks and Recreation (Pogonomyrex spp.) also control the quite conspicuous and would be easily (DPR), the Conejo Open Space density of associated vegetation detected. Limestone outcrops are Conservation Agency (COSCA), the (Thomas and Wishner 1988). extremely rare within the limits of the Rancho Simi Parks and Recreation There are very few collections of known distribution of A. brauntonii. District, and the National Park Service Pentachaeta lyonii; the majority were Fire is a natural requirement for the (NPS), have small colonies within their made around the turn of the century and survival of this species. The natural jurisdictions that may not be viable. All from locations where the species has frequency of fire in the habitat of of the protected habitat occurs in the been extirpated, including Palos Verdes Astragalus brauntonii is unknown, but immediate vicinity of urban Peninsula and Santa Catalina Island. estimates range between 20 to over 100 development. Astragalus brauntonii is The first record from the Santa years with an average of 70-year threatened by direct loss from urban Monica Mountains dates from 1926 intervals (Minnich 1989, O’Leary 1990). development, fragmentation of habitat from an unknown location in the Higher fire frequencies have resulted and reduced capabilities for sustained Malibu Hills (NDDB 1994). It was not from increasing human populations in ecologic processes, fragmented until 1964, when Peter Raven was southern California, mostly in the form ownership of single populations collecting for the 1966 Flora of the of arson-caused fires. This species has a resulting in different landscape Santa Monica Mountains that P. lyonii life span of 2 to 3 years, and depending treatments, alteration in fire cycles, and was again documented from the Santa on fire interval, a given population is extinction from naturally occurring Monica Mountains (P. Raven, in litt., visible only once in 20 to 50 or more events due to small population sizes 1964). That population has since been years. and low numbers of individuals extirpated by conversion to agriculture Astragalus brauntonii is currently (Mistretta 1992, NDDB 1994). (NDDB 1994). David Verity discovered known from four general areas in The name Pentachaeta lyonii (Lyon’s the easternmost population of P. lyonii Ventura, Los Angeles, and Orange pentachaeta) was first published by Asa in the Santa Monica Mountains at Stunt counties. One population is found along Gray in 1886 (Van Horn 1973) based on Ranch in 1977 (NDDB 1994). the south slope of the Simi Hills of a plant collected by William Lyon ‘‘near Pentachaeta lyonii is currently known eastern Ventura and western Los Palos Verdes Mountain’’ in Los Angeles from five population units in the Santa Angeles counties. Two occurrences (one County. David Keck (1958) renamed the Monica Mountains and the western population) are known from Santa Ynez plant Chaetopappa lyonii, which was Simi Hills, a distance of approximately Canyon in the Santa Monica Mountains, subsequently recognized by Munz 32 kilometers (km) (20 miles (mi)), Los Angeles County, which probably (1959). Pentachaeta is recognized as the distributed in a highly fragmented represents the type locality from above accepted genus name based on a landscape. The East unit consists of 1 Sherman (now West Hollywood). Two monograph on the taxonomic status of occurrence with 4,000 individuals; the occurrences (one population) are known Pentachaeta and Chaetopappa, in Mulholland crest unit has 3 occurrences from Coal and Gypsum Canyons in the which comparisons of morphology, with 1,200 individuals; the Central unit Santa Ana Mountains, Orange County anatomy, and breeding systems has 7 occurrences with 28,000 (NDDB 1994). Eight individuals were demonstrated that the two genera are individuals; the Conejo Ridge unit has reported during the preparation of the not closely related (Van Horn 1973). 7 occurrences with 2,900 individuals; Cloverleaf Canyon Specific Plan for the Pentachaeta lyonii is a 6 to 48 cm (2.4 and the North unit has 4 occurrences area in 1983 (J. Bitterly, biologist, to 18.9 in.) tall annual in the aster with 1,000 individuals. Five of these Planning Consortium, in litt., 1992) near family (Asteraceae) with yellow flowers occurrences are known to exist on where historical collections were made that bloom in late spring (April to June). public lands managed by the NPS, the south of Clamshell Canyon, north of It is distinguished from other members Las Virgenes Municipal Water District, Monrovia in Los Angeles County. of the genus by its hairy phyllaries, and COSCA. Since publication of the Because reproduction of Astragalus larger numbers of pappus bristles, and proposed rule, three occurrences on brauntonii is stimulated by fire events, its reddish branches originating from public lands (Stunt Ranch, Malibu the total number of individuals varies the upper portion of the plant. The Creek State Park, and Arroyo Sequit) with current fire cycles. The largest corollas of the ray flowers are typically appear to have become extirpated 4174 Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations

(NDDB 1994). The remaining locations Dudleya abramsii ssp. parva is known Dudleya cymosa ssp. marcescens is are on privately owned land, most with only from the western terminus of the known from seven occurrences in the active primary and secondary threats Simi Hills west along the Montclef Santa Monica Mountains, from Hidden from existing or proposed development. Ridge to the Conejo Grade, a distance of Valley to Malibu Creek State Park, a Primary threats include those that approximately 16 km (10 mi). There are distance of 24 km (15 mi). Estimates of eliminate populations during only 11 reported populations, with the number of individuals at each construction. Secondary threats include numbers of individuals varying from a occurrence are between 50 and 200 the influence of the project on the few thousand at one population to as plants; the total number of individuals surrounding environment in the form of few as 25. The majority of the is estimated to be less than 1,000. The local disturbance facilitating the populations number in the hundreds of microhabitat requirements of the plant introduction of competitive weeds and individuals. Dudleya abramsii ssp. limit the possibility that any additional alteration of ecosystem processes. Other parva grows at the base of scattered rock large populations will be found. Half of sites containing potential habitat for P. outcrops of the Conejo volcanics in the populations occur on lands owned lyonii are limited, reducing the grassland and coastal sage scrub and managed by the DPR; two locations likelihood of finding additional habitats. A portion of the plant’s habitat are managed by the NPS—one on an unthreatened and viable populations of is on lands designated as ‘‘open space’’ administrative easement where the this species. by COSCA; the remaining habitat is landowner has drastically altered the In southern California, dudleyas or privately owned. Threats to this taxon native vegetation (pine plantings in a live-forevers (Dudleya) are succulent, include recreational activity (hiking and cleared oak grove), and another in an rosette-forming perennial plants in the equestrian use), urban development, fire area that receives unsupervised stonecrop family (Crassulaceae). management and suppression activities, recreational use (boulder hopping and Members of this genus frequently and collection (NDDB 1994, Skinner rock climbing). The remaining inhabit rocky soils or rock outcrops, and Pavlik 1994). populations are on lands in private both along the coast and in interior Dudleya cymosa was first described ownership, several of which are mountain ranges. The Santa Monica by Charles Antoine Lemaire in 1858 as threatened by development (Skinner Mountains represent one of the most Echeveria cymosa based on a collection and Pavlik 1994, NDDB 1994). On DPR diverse concentrations of the genus. sent to him by the Belgian and NPS lands, the plant is threatened Because of the patchy and limited horticulturalist Louis de Smet; however, by recreational use, particularly rock distribution of such habitats within the type locality is unknown and the climbing, foot traffic, collection, and fire other plant community types, many type specimen has been lost (Moran (Skinner and Pavlik 1994, NDDB 1994). 1951, Nakai 1987). In 1903, Britton and species of Dudleya tend to be highly The distinct variation in Dudleya Rose renamed the taxon Dudleya localized in their distribution. cymosa ssp. marcescens between sites cymosa (Moran 1951). Dudleya cymosa Dudleya abramsii ssp. parva (Conejo has been commented upon (Mark includes seven subspecies that range Dodero, graduate student, San Diego dudleya) was first described in 1923 as throughout California in the Sierra State University, pers. comm., 1992). D. parva by Joseph Rose and Anstruther Nevada, Coast Ranges, Transverse Nakai believes that a small population Davidson (Moran 1948) based on a Ranges, and the northern portion of the at Rattlesnake Canyon in Santa Barbara cultivated collection made a year earlier Peninsular Ranges; however, the two County shares characteristics with this by Mrs. J. H. Bullard from the Conejo subspecies discussed in this rule have Grade in Ventura County. No further restricted distributions. subspecies (Kei Nakai, pers. comm., mention was made of the plant in other Dudleya cymosa ssp. marcescens 1992). Bartel (in litt., 1992b) has made regional floras for several decades, (marcescent dudleya) was first observed a tentative determination of D. cymosa although Munz listed D. parva as a by Charlotte Hoak in 1932 in Little ssp. marcescens for a population in the synonym of Echeveria lanceolata in Sycamore Canyon in the Santa Monica Santa Ana Mountains, Orange County. 1935 (Moran 1948). In 1960, Reid Moran Mountains (Rooksby 1936). However, Daryl Koutnik, who has also studied the recognized D. parva in his treatment of the plant was not described until 1951 systematics of these taxa, questions the genus (Moran in Jacobsen 1960), and by Moran, based on a specimen that he these determinations (J. Schwarze, in it was subsequently also recognized by collected in 1948 at the same location litt., 1993). If these additional Munz in his Flora of Southern (Moran 1951, 1957). populations prove to be D. cymosa ssp. California (1974). Jim Bartel (1991) Dudleya cymosa ssp. marcescens is marcescens, they are unlikely to alter published the combination D. abramsii distinguished from other subspecies of the status of this subspecies due to the ssp. parva, based on similar floral D. cymosa by the habit of the rosette threats and limited population numbers features between D. parva and D. leaves withering in the summer. The in the Santa Monica Mountains. abramsii. rosette leaves are 1.5 to 4 cm (0.6 to 1.6 Dudleya cymosa ssp. ovatifolia (Santa Dudleya abramsii ssp. parva forms a in.) long and 5 to 12 mm (2.0 to 4.7 in.) Monica Mountains dudleya) was first rosette of oblanceolate leaves that are wide; the caudex is 2 to 7 mm (0.8 to described as D. ovatifolia by Britton in 1.5 to 4 cm (0.6 to 1.6 in.) long, 3 to 6 2.8 in.) thick; floral stems are 4 to 10 cm 1903 based on a collection made by mm (1.2 to 2.4 in.) wide, and that, (1.6 to 4 in.) tall; corollas are bright H.M. Hall the previous year. The type unlike most taxa in the subsection yellow to yellow with red markings to locality is listed as ‘‘Sierra Santa Dudleya, wither by early summer. The bright red (Munz 1974). This subspecies Monica,’’ thought to be Topanga Canyon inflorescence is 5 to 18 cm (2 to 7.1 in.) typically occurs on the lower reaches of in Los Angeles County (Moran 1951). long, tipped with pale yellow flowers sheer volcanic rock surfaces and canyon The species was subsequently that are often flecked with red on the walls adjacent to perennial streams. In recognized as Cotyledon ovatifolia and keel. The roots are constricted at most locations, the topographic relief Echeveria ovatifolia (Fedde 1904 and irregular intervals (Munz 1974). has precluded soil formation; therefore, Berger 1930 respectively in Moran 1951) Dudleya abramsii ssp. parva is this taxon may be the only vascular when broad generic concepts were distinguished from other local Dudleya plant in a microhabitat otherwise applied to the family Crassulaceae. taxa by its flower color, root dominated by mosses and lichens Moran published the new combination constrictions and withering leaves. (NDDB 1994). Dudleya cymosa ssp. ovatifolia in 1957. Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations 4175

In 1983, Nakai considered the plants on north-facing cliffs in chaparral, slopes of Conejo Mountain have been he found near Agoura, Los Angeles central Santiago Canyon near Fleming the site for quarrying of construction- County, to be one of ‘‘two somewhat Peak to near the summit of the west grade rock. The land is zoned for distinct races’’ of Dudleya cymosa ssp. slope of Modjeska Peak.’’ Co-author mineral extraction and there are ovatifolia. The ovate leaves with a Fred Roberts indicated that ‘‘local and abandoned, active, and proposed quarry maroon underside distinguish the restricted, but common where found’’ operations within the distribution of D. ‘‘Topanga’’ race of D. cymosa ssp. would better describe the distribution verityi. The majority of the distribution ovatifolia from other Dudleya, while the (Fred Roberts, USFWS, pers. comm., of D. verityi is privately owned in a glaucous leaves and lemon-yellow 1996). region with rapidly increasing flowers separate the ‘‘Agoura’’ race of D. Populations of Dudleya cymosa ssp. development. Only a small portion of cymosa ssp. ovatifolia from other local ovatifolia in Malibu and Topanga habitat is owned by a public agency species. Four years later, however, Canyons occur largely on lands owned (Ventura County Flood Control District). Nakai (1987) published the new and managed by the DPR. One of these Previous Federal Action combination D. cymosa ssp. agourensis populations is relatively inaccessible, to refer to ‘‘Agoura’’ material. Nakai however, another occurrence is directly Federal government action on these distinguished the new subspecies from adjacent to private property that has six plants began as a result of section 12 D. cymosa ssp. ovatifolia by the number been bulldozed for development access of the Endangered Species Act of 1973, and shape of rosette leaves, pedicel (Suzanne Goode, Resource Ecologist, which directed the Secretary of the length, and degree of spreading in petal DPR, Santa Monica Mountains, pers. Smithsonian Institution to prepare a apices. Bartel (in litt., 1992a) concluded comm., 1992). Two occurrences are on report on those plants considered to be that these characters were insufficient to lands designated as open space by endangered, threatened, or extinct. This warrant taxonomic recognition as a COSCA, while the remaining report, designated as House Document subspecies of D. cymosa. As a result, occurrences in the Santa Monica No. 94–51, and presented to Congress Bartel (1993) lumped D. cymosa ssp. Mountains are on several privately on January 9, 1975, recommended agourensis with D. cymosa ssp. owned properties zoned for commercial Astragalus brauntonii and Dudleya ovatifolia in his revision of the genus for and residential development along the abramsii ssp. parva (as Dudleya parva) The Jepson Manual. For the purposes of north slope of Ladyface Mountain. A for threatened status, and Dudleya this rule, Dudleya cymosa ssp. ovatifolia cumulative impacts analysis from an cymosa ssp. marcescens and includes D. cymosa ssp. agourensis as area project proposal shows at least 74 Pentachaeta lyonii for endangered described by Nakai. projected proposed or under status. The Service published a notice in Like many Dudleya taxa, D. cymosa construction within 6.4 km (4 mi) of the the July 1, 1975, Federal Register (40 FR ssp. ovatifolia has rosette leaves that are Santa Monica Mountains populations 27823) of its acceptance of the report as evergreen rather than withering in the (County of Los Angeles, in litt., 1996). a petition within the context of section summer. Leaves are 2 to 5 cm (0.8 to 2 This density of development threatens 4(c)(2) (now section 4(b)(3)(A)) of the in.) long and 1.5 to 2.5 cm (0.6 to 1 in.) the habitat of D. c. ssp. ovatifolia. Act, and of the Service’s intention wide; floral stems are 4 to 15 cm (1.6 to Dudleya verityi (Verity’s dudleya) was thereby to review the status of the plant 6.0 in.) tall; corollas are pale yellow originally collected in 1944 by Moran, taxa named therein. The above four taxa (Munz 1974). Dudleya cymosa ssp. who treated it as D. caespitosa. In their were included in the July 1, 1975, ovatifolia is found scattered along 1966 Flora of the Santa Monica notice. The Service published a exposed north-facing slopes of the Santa Mountains, Peter Raven and Henry proposal in the June 16, 1976, Federal Monica Mountains from near Westlake Thompson treated it as D. farinosa. In Register (42 FR 24523) to determine Village to Agoura, and in deep canyon 1983, Nakai described it as Dudleya approximately 1,700 vascular plant bottoms along lower Malibu Creek and verityi (Nakai 1983). species to be endangered species Topanga Creek. Less than ten Dudleya verityi is unique among pursuant to section 4 of the Act. occurrences have been reported, each Dudleya taxa in this rule in that it forms Dudleya cymosa ssp. marcescens and consisting of no more than several multiple rosettes, as many as 100 to a Pentachaeta lyonii were included in the hundred individuals. While future colony. Rosette leaves are 2 to 5 cm (0.8 June 16, 1976, Federal Register. surveys may locate additional to 2 in.) long and 5 to 8 mm (0.2 to 0.4 General comments received in regard occurrences of the ‘‘Agoura’’ form along in.) wide; floral stems are 5 to 15 cm (2 to the 1976 proposal were summarized the northern slopes of the Santa Monica to 5.9 in.) tall; corollas are lemon-yellow in the April 26, 1978, Federal Register Mountains, the limited amount of with petal tips recurved up to 90 (43 FR 17909). The Endangered Species habitat available makes it unlikely that degrees. Nakai (1983) distinguished D. Act amendments of 1978 required that the total number of individuals will verityi from D. caespitosa by its much all proposals over 2 years old be exceed several thousand (NDDB 1994). shorter leaves and flowering stems. He withdrawn. A 1-year grace period was Material collected by David Verity separated D. verityi from D. cymosa ssp. given to those proposals already more (pers. comm., 1992) from Modjeska ovatifolia by its more elongated caudex, than 2 years old. In the December 10, Canyon on the western flank of the multiple dichotomously branched 1979, Federal Register (44 FR 70796), Santa Ana Mountains, Orange County, rosettes, and paler flowers (Nakai 1983, the Service published a notice of in 1951 was included by Uhl and Moran 1987). withdrawal of the June 6, 1976, proposal (1953) in their cytotaxonomic article on Dudleya verityi is limited to three along with four other proposals that had Dudleya as D. ovatifolia. These populations occurring in a narrow band expired. populations, which are not threatened 6.4 km (4 mi) in length along the lower The Service published an updated (U.S. Fish and Wildlife Service slopes of Conejo Mountain, from Long notice of review for plants in the (USFWS), in litt., 1996), represent a Grade Canyon to U.S. highway 101. The December 15, 1980, Federal Register (45 range disjunction of approximately 100 northernmost population consists of FR 82480). This notice included km (60 mi) to the southeast of the Santa over a thousand individuals and another Astragalus brauntonii, Dudleya cymosa Monica Mountains. Boyd et al. (1995) is considered abundant in the limited ssp. marcescens, D. parva, and reported that the subspecies in the Santa habitat it occupies (Envicom 1992, Pentachaeta lyonii as category 1 Ana Mountains was ‘‘[l]ocally common NDDB 1994). Historically, the lower candidate species (species for which 4176 Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations data in the Service’s possession are ovatifolia, and Dudleya verityi as asserted that the proposed rule did not sufficient to support proposals for threatened. include substantial information to listing). On November 28, 1983, the The processing of this final rule justify the listing of Pentachaeta lyonii. Service published in the Federal follows the Service’s listing priority Response Register a supplement to the Notice of guidance published in the Federal Review (48 FR 39526); the plant notice Register on December 5, 1996 (61 FR Under section 4(b)(1)(A) of the Act, was again revised on September 27, 64475). The guidance clarifies the order the Service must use the best scientific 1985 (50 FR 6184). Dudleya abramsii in which the Service will process and commercial information available ssp. parva (as D. parva) was included in rulemakings following two related when determining whether a species is the 1983 supplement and the 1985 events: (1) the lifting, on April 26, 1996, endangered or threatened. This listing is revision as a category 1 candidate of the moratorium on final listings based on the best available scientific species. Astragalus brauntonii, D. imposed on April 10, 1995 (Public Law and commercial information, including cymosa ssp. marcescens, and 104–6), and (2) the restoration of literature records, Service fieldwork, Pentachaeta lyonii were included in significant funding for listing through communication with field biologists both of these revisions as category 2 passage of the omnibus budget familiar with the species and its threats, species (species for which data in the reconciliation law on April 26, 1996, local lead agencies, landowners, and Service’s possession indicate listing following severe funding constraints NDDB data. Most of the respondent’s may be appropriate, but for which imposed by a number of continuing comments referred only to NDDB additional biological information is resolutions between November 1995 information. The Service had access to needed to support a proposed rule). and April 1996. The guidance calls for the data used to enter information into Dudleya verityi was included for the giving highest priority to handling NDDB records and communicated with first time in the 1983 supplement, and emergency situations (Tier 1) and the field biologists who supplied the again in the 1985 revision, as a category second highest priority (Tier 2) to data to the NDDB. The Service believes 2 species. On February 21, 1990 (55 FR resolving the listing status of the that sufficient evidence of threats to 6184), the plant notice was again outstanding proposed listings. This final Pentachaeta lyonii and the other five revised, and Dudleya parva and rule falls under Tier 2. At this time there taxa is presented in this rule to warrant Pentachaeta lyonii were included as are no pending Tier 1 actions. The their protection under the Act. (See category 1 taxa, while Astragalus Ventura Field Office has confirmed that ‘‘Summary of Factors Affecting the brauntonii, D. cymosa ssp. marcescens, the overall status of the taxa in this final Species’’ below.) The Service maintains and D. verityi were included as category rule has not improved since publication that the final decision to list 2 taxa. Dudleya cymosa ssp. ovatifolia of the proposed rule. Pentachaeta lyonii is based on the best did not appear in a notice of review. Summary of Comments and available scientific and commercial Data gathered during the request for Recommendations information. information period were sufficient to In the November 30, 1992, proposed Issue 2 determine that proposed listing was rule and associated notifications, all warranted. The proposed rule One commenter referred to the interested parties were requested to constituted the first Federal action on D. NDDB’s use of the global and state submit factual reports or information cymosa ssp. ovatifolia. ranking system, stating that Pentachaeta that might contribute to the lyonii was incorrectly ranked and is Section 4(b)(3)(B) of the Endangered development of a final rule. A actually not rare enough to be Species Act, as amended in 1982, newspaper notice inviting public considered endangered. requires the Secretary to make findings comment was published in the Los on certain pending petitions within 12 Angeles Times on December 11, 1992. Response months of their receipt. Section 2(b)(1) The comment period closed on January The Service did not base this listing of the 1982 amendments further 29, 1993. Appropriate Federal agencies, on the global and state rarity ranking requires that all petitions pending on State agencies, local governments, systems used by the NDDB. The October 13, 1982, be treated as having scientific organizations, and other evaluation of rarity by the NDDB for the been newly submitted on that date. This interested parties were contacted and global and state ranking system counts was the case for Astragalus brauntonii, requested to comment. what the NDDB considers to be viable Dudleya abramsii ssp. parva (as D. The Service received 17 letters occurrences of species. The ranking parva), D. cymosa ssp. marcescens, and concerning the proposed rule during the system contained only two and possibly Pentachaeta lyonii because the 1975 comment period, including those of 1 four occurrences of Pentachaeta lyonii Smithsonian report was accepted as a Federal agency, 1 State agency, and 15 (Susan Cochrane, Division Chief, petition. Annually in October of 1983 individuals or groups. Twelve Natural Heritage Division, California through 1991, the Service found that the respondents expressed support for the Department of Fish and Game (CDFG), petitioned listing of these taxa was listing proposal, three opposed it, and in litt., 1993). The majority of these warranted, but that their listing was two were neutral. Several commenters occurrences are actually small, precluded by other higher priority provided additional information; this declining, damaged, and/or listing actions. The publication of the information and other clarifications experiencing a high level of threat from proposed rule constituted a warranted have been incorporated into the final habitat loss and therefore are not viable finding for these taxa, as well as for D. rule. Opposing and technical comments in the view of the Service. verityi and D. cymosa ssp. ovatifolia. on the rule have been organized into Issue 3 On November 30, 1992, the Service specific issues. These issues and the published a proposed rule in the Service’s response to each issue are One commenter suggested that the Federal Register (57 FR 56541) to list summarized as follows: NDDB data for Pentachaeta lyonii Astragalus brauntonii and Pentachaeta illustrated the fact that there are lyonii as endangered and Dudleya Issue 1 numerous populations, the population abramsii ssp. parva, Dudleya cymosa One commenter, citing data from the sizes are large, and the status of the ssp. marcescens, Dudleya cymosa ssp. Natural Diversity Data Base (NDDB), species is improving. Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations 4177

Response Pentachaeta lyonii is a narrowly A in the ‘‘Summary of Factors Affecting The NDDB often includes more than localized endemic with a highly the Species’’ section (see below). one occurrence number to record a fragmented and discontinuous Prescribed burns are currently biological population. A single distribution in the Santa Monica conducted by the fire departments of occurrence may encompass multiple Mountains and the western Simi Hills. Los Angeles and Ventura counties within the Santa Monica Mountains and property ownerships, resulting in The Service has reviewed the records of the Simi Hills. A dual purpose plan several records of occurrence for a historical distribution for the Palos designed to use prescribed fire for fuels single population. This method of Verdes Peninsula and Santa Catalina reduction and Pentachaeta lyonii recording a population may provide an Island. The Service has consulted field habitat management by establishing a artificially high record for the number of botanists specifically searching for P. fire-safe buffer distance could reduce or biological populations. The text of the lyonii in those locations and determined eliminate the local threats of habitat rule has been amended to define the that the species has been extirpated modification by local development. distribution of Pentachaeta lyonii as from those localities (CDFG 1989). The occurring in five population units vast majority of habitat in the region of Issue 7 Palos Verdes has been developed, and (landscape units or metapopulations), Two commenters thought that human- each comprising several colonies. The the open space on Santa Catalina Island has been severely overgrazed and caused disturbance of the soil in the Service acknowledges that new habitats of Astragalus brauntonii and populations have been discovered in the altered by the introduction of non- native animals and plants. Pentachaeta lyonii was not a threat to last two decades; however, the viable populations. implication that the species’ status has Issue 5 Response improved is in error. The commenter One commenter questioned the need indicated having knowledge of four to federally list Pentachaeta lyonii, Although some populations of additional occurrences; however, no stating that the California State Astragalus brauntonii and Pentachaeta information was submitted to the Endangered Species Act protects the lyonii occur within anthropogenically Service to substantiate those claims. The species. disturbed areas, no experimental data majority of new information on the exist on the response of these two distribution of P. lyonii is a result of Response species to soil disturbance. However, early compliance surveys for The failure of existing regulatory human-induced disturbance causes the development proposals. The subsequent mechanisms, including the California destruction and modification of the project redesigns have been inadequate Endangered Species Act, to adequately integrity of natural habitats and in the to protect the habitat for this species, protect the plant is addressed under process facilitates the establishment of and mitigation measures approved by Factor D in the ‘‘Summary of Factors competitive non-native weeds. various local lead agencies have proven Affecting the Species’’ section (see Pentachaeta lyonii populations have inadequate for long-term population below). apparently been lost and replaced by a viability (C. Wishner, biologist, Envicom dense community of weeds near Stunt Corp., pers. comm., 1994). The majority Issue 6 Ranch and along upper Westlake of information available indicates that Two commenters expressed opinions Boulevard. populations have declined. Disruptive regarding the ecological function of fire The Service solicited the opinions of events, such as direct loss of colonies to and its importance to the integrity of several appropriate specialists regarding development and secondary impacts of viable habitat for Pentachaeta lyonii and pertinent scientific or commercial data disturbance including displacement by Astragalus brauntonii. One commenter and assumptions relating to the non-native weeds, have also resulted in stated that prescribed fire is not and will taxonomy and biological and ecological a declining population trend. It is never be a feasible management tool in information for these six taxa. All typical for an annual plant species to the Santa Monica Mountains due to the responses received supported the occur locally in large numbers, where danger to personal property. One proposed rule. Additional data provided hundreds of thousands of individuals commenter questioned the Service’s by the reviewers have been incorporated constitute viable populations. The total statement that the 15 m (50 ft) buffer into this final rule. aggregate number of individuals of P. zone for rare plant reserves currently Summary of Factors Affecting the lyonii is less than 50,000; however, the required as mitigation for impacts Species majority of the occurrences each have caused by development is inadequate less than 1,000 individuals. Extinction and, therefore, that proposed After a thorough review and from naturally occurring events is development constitutes a threat. consideration of all information possible even for the largest known available, the Service has determined Response populations of P. lyonii. The Service that Astragalus brauntonii Parish therefore concludes that populations are The placement of development (Braunton’s milk-vetch) and neither large nor numerous and that the adjacent to fire-prone habitats will Pentachaeta lyonii Gray (Lyon’s status of the species is declining. necessarily require fuels modification. pentachaeta) should be classified as Although the development might not endangered species and that Dudleya Issue 4 actually remove sensitive plant species cymosa (Lem.) Britt. & Rose ssp. One commenter asserted that the during construction, a 15 m (50 ft) marcescens Moran (marcescent distribution of Pentachaeta lyonii is buffer falls within the 30 to 60 m (100 dudleya), Dudleya cymosa (Lem.) Britt. extensive and may still include the to 200 ft) fuels modification zone. The & Rose ssp. ovatifolia (Britt.) Moran Palos Verdes Peninsula and Santa removal of vegetation in the fuels (Santa Monica Mountains dudleya), Catalina Island. modification zone adversely changes the Dudleya abramsii Rose ssp. parva (Rose basic ecological processes that are part & Davids) Bartel (Conejo dudleya), and Response of the required habitat of these two Dudleya verityi Nakai (Verity’s dudleya) The Service does not believe that the species. More information on fire should be classified as threatened distribution of this species is extensive. management is presented under Factor species. Procedures found at section 4 of 4178 Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations the Endangered Species Act (16 U.S.C. development. The Lake Eleanor Hills vehicle activities on public and private 1531) and regulations (50 CFR Part 424) Project has been approved by the City of lands. Weed abatement operations along promulgated to implement the listing Westlake Village and will eliminate roadsides, which involve scraping with provisions of the Act were followed. A habitat containing several thousand a skiploader, destroyed several hundred species may be determined to be an plants (Joseph Edminston, Executive individuals of D. cymosa ssp. ovatifolia endangered or threatened species due to Director, Santa Monica Mountains and have continued to modify its habitat one or more of the five factors described Conservancy, in litt., 1991). The Lake (T. Thomas, biologist, pers. obs., 1991). in section 4(a)(1). These factors and Sherwood Golf Course and the Ronald Dudleya verityi survives on cliff habitats their application to the six plant taxa in Reagan Presidential Library, both at the base of the Conejo Grade on land this rule are as follows: recently approved and developed, have zoned for mineral extraction and with eliminated significant habitat for existing quarrying operations. The A. The Present or Threatened Pentachaeta lyonii. Sites that have been habitat of Dudleya cymosa ssp. Destruction, Modification, or set aside as ex situ mitigation areas, marcescens is used for rock climbing Curtailment of Its Habitat or Range with seed and soil transported from and rappeling, which destroys the moss Steep terrain typifies the habitat of Pentachaeta lyonii populations substrate and individual dudleya plants. Astragalus brauntonii and, until the destroyed in grading operations for B. Overutilization for Commercial, recent increase of urban sprawl, it has development, have failed to successfully Recreational, Scientific, or Educational remained relatively secure. Now that the establish viable populations (C. Wishner Purposes majority of flat lands have been and J. Bowland, biologist, pers. comms., developed, several populations 1994). The establishment of an in situ Some plant species have become occupying rugged terrain have been management area was required as vulnerable to collecting by curiosity destroyed by urban development. mitigation for the removal of habitat at seekers as a result of increased publicity Within the last 15 years, one colony has Lake Sherwood Golf Course that following publication of a listing rule. been extirpated (Monrovia) and two supported over 3,000 Pentachaeta lyonii Overutilization is probably not others have incurred significant losses individuals (C. Wishner, in litt., 1994). applicable to Astragalus brauntonii or related to development (Santa Ynez The site was negatively impacted by Pentachaeta lyonii. However, because of Canyon and Simi Hills). Another changed hydrology, competition with the large stature and striking appearance location has been approved for non-native species, loss of habitat for of Astragalus brauntonii, it may be development by the City of Anaheim potential pollinators, and elimination of vulnerable to casual collection, (Coal Canyon). There are no known natural fire cycles. There was no buffer particularly along firebreaks adjacent to populations that are not facing primary zone and it failed to maintain a self- areas used for recreational activities. or secondary threats to survival. Only a perpetuating population of P. lyonii. Virtually all members of the genus small portion of the Santa Ynez Canyon Currently only a 15 m (50 ft) buffer for Dudleya have been subject to collection population occurs on public lands avoidance of rare plant populations is for horticultural purposes. The four (DPR) and a portion of the population required by local permitting agencies Dudleya taxa in this rule have all been was bulldozed during fire suppression (Ventura County, City of Thousand collected by professional activities in 1993. Oaks). A 15 m (50 ft) buffer zone falls horticulturalists and probably by The City of Anaheim has approved a within the 30 to 60 m (100 to 200 ft) amateur collectors and gardeners as development that will eliminate 50 fuels modification zone required in well. percent of the population of Astragalus California and is usually maintained by C. Disease or Predation brauntonii in the Santa Ana Mountains disking and mowing. This practice (C. Spenger, President, Friends of the modifies or destroys the habitat Neither disease nor predation is Tecate Cypress, in litt., 1993). The characteristics essential to sustaining known to be a factor for any of the six County of Ventura has approved a viable populations of Pentachaeta plant taxa in the wild. As part of a development, with mitigation measures, lyonii. Two projects, one with a reported program to mitigate the loss of a that will eliminate a portion of the 10,000 individuals, have been designed substantial population of Pentachaeta habitat for A. brauntonii in the Simi with Pentachaeta lyonii habitat lyonii, plants grown from seed at Hills. The proposed mitigation efforts designated as part of the fuels Rancho Santa Ana Botanic Gardens are strictly experimental, consisting of modification zone (P. Lindsey, biologist, were severely damaged by a white fly the movement of limestone soils to a Impact Sciences, in litt., 1994). Attempts infestation (Orlando Mistretta, Rancho rare plant reserve with no limestone to avoid or compensate for impacts have Santa Ana Botanic Garden, pers. comm., substrate. The reserve may not be large produced conditions that are not 1992). enough or far enough away from favorable for the long-term maintenance D. The Inadequacy of Existing development to allow periodic fires. of the populations. Additionally, there is no contingency in Portions of populations of Dudleya Regulatory Mechanisms the event that these efforts fail to cymosa ssp. ovatifolia and D. abramsii The California Fish and Game establish a long-term viable population ssp. parva have been extirpated by Commission has listed Dudleya cymosa of A. brauntonii. A previously approved development in the cities of Agoura ssp. marcescens as rare and Pentachaeta development has destroyed most habitat Hills, Thousand Oaks, and Westlake lyonii as endangered under the Native for this species in Santa Ynez Canyon Village. The majority of their Plant Protection Act (NPPA) (Div. 2, (S. Goode, pers. comm., 1992). All of the distribution is on private lands located chapter 1.5 sec. 1900 et seq. of the CDFG population areas (Simi Hills, Topanga in a region with increasing development Code) and the California Endangered State Park, Monrovia, and the Santa Ana pressures. At least 75 projects are Species Act (CESA) (Div. 3, chapter 1.5 Mountains) have experienced habitat proposed, approved, or under sec. 2050 et seq.). Astragalus brauntonii, destruction and the remaining habitat is construction within 6.5 km (4 mi) of Dudleya abramsii ssp. parva, Dudleya threatened by modification of natural Dudleya cymosa ssp. ovatifolia habitat cymosa ssp. ovatifolia, and Dudleya ecological processes. (County of Los Angeles, in litt., 1996). verityi are included on List 1B of the Pentachaeta lyonii continues to be Dudleya abramsii ssp. parva is also California Native Plant Society’s negatively impacted by urban affected by trampling and off-road Inventory (Skinner and Pavlik 1994), Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations 4179 indicating that, in accordance with vegetation and wildlife diversity, while population is protected, however, the chapter 10 sec. 1901 of the CDFG Code, allowing appropriate and compatible overall status of the species remains they are eligible for State listing. land development (CDFG 1992). The threatened, making its listing Although NPPA and CESA both prohibit Southern California Coastal Sage Scrub appropriate. the ‘‘take’’ of State-listed plants (chapter NCCP Program is the pilot program, and Dudleya cymosa ssp. ovatifolia is a 10 sec. 1908 and chapter 1.5 sec. 2080), is focused on the coastal sage scrub covered species under the plan and the these existing statutes appear plant community, although other two Orange County populations are inadequate to protect against the taking associated vegetation communities are conserved. Under an agreement with the of such plants via habitat modification also being addressed in this ecosystem- participants, CDFG, and the Service, or land use change by the landowner. based planning approach. Prepared future potential impacts for covered After the CDFG notifies a landowner under conservation planning guidance species are considered adequately that a State-listed plant grows on his or for the Coastal Sage Scrub NCCP addressed through the minimization her property, the CDFG Code requires Program, the Natural Community and mitigation measures specified in the only that the landowner notify the Conservation Plan/Habitat Conservation Central/Coastal NCCP, including agency ‘‘at least 10 days in advance of Plan was developed for the Central and establishment and long-term changing the land use to allow salvage Coastal Subregion of Orange County, management of a preserve system. of such plant’’ (chapter 10 sec. 1913). and approved by the Service on July 17, Although the two populations in Orange Local lead agencies empowered to 1996. Two of the six taxa in this rule County are protected from threats uphold and enforce the regulations of occur within the planning area for the (USFWS, in litt., 1996), the majority of the California Environmental Quality Central and Coastal Subregional Natural the distribution of D. cymosa ssp. Act (CEQA) have made determinations Community Conservation Plan/Habitat ovatifolia, which is outside Orange that have or will negatively impact Conservation Plan, including one County, is not protected and the overall Pentachaeta lyonii, Astragalus population of Astragalus brauntonii and status of the subspecies remains brauntonii, Dudleya abramsii ssp. parva two populations of Dudleya cymosa ssp. threatened. and Dudleya cymosa ssp. ovatifolia. ovatifolia. While the public agencies that Mitigation measures used to condition manage lands with occurrences of these Although discussed early in the project approvals are essentially and other sensitive plant taxa have a planning process for the Central and experimental and fail to adequately mandate to protect the resources, none Coastal Subregional Natural Community guarantee protection of sustainable of those agencies has specific populations. Species relocation attempts Conservation Plan/Habitat Conservation management plans for the taxa in this have failed and project designs have Plan, Astragalus brauntonii is not rule. Dual mandates for recreation and failed to provide an adequate buffer considered a ‘‘covered’’ species under preservation by the NPS sometimes zone around populations to permit long- the plan, because sufficient information result in impacts to sensitive resources. term viability at those locations (Diane regarding the most appropriate For example, in the Rocky Oaks unit of Hickson, biologist, CDFG, in litt., 1994). protection strategies to adequately the Santa Monica Mountains National A mitigation measure approved by conserve the species was not available Recreation Area (SMMNRA), equestrian Ventura County involves establishing a during the planning process (USFWS, in trail use has eliminated subpopulations rare plant reserve for Astragalus litt., 1996). Species ‘‘covered’’ under the of Pentachaeta lyonii. No monitoring of brauntonii on non-occupied habitat. Central and Coastal Subregional Natural rare plants is being conducted by the Limestone soils will be scraped from the Community Conservation Plan/Habitat SMMNRA (D. Hickson, in litt., 1994). destroyed site and placed on the Conservation Plan have been treated as When the SMMNRA was authorized by reserve. Because the small reserve is if they were listed under the Act, and Congress in 1978, it was given the bordered by development, it is unlikely their conservation and management is authority to comment on projects being that prescribed fire will be used as a provided for in the plan. The two proposed within the ‘‘sphere of management tool. The in situ preserve is occurrences of A. brauntonii in Orange influence’’ of the SMMNRA planning a highly altered water tank site that has County (Gypsum and Coal Canyons in area. However, such comments made by little natural habitat (Rachael Tierney, the Santa Ana Mountains) are within the SMMNRA are not binding upon the biological consultant, in litt., 1990). It is the Central/Coastal NCCP Reserve project proponent. highly doubtful that either measure will System. Potential habitat of A. Public agencies reviewing requests for support viable populations of brauntonii occurs within the North large development projects are required Astragalus brauntonii. Ranch Policy Plan Area in the Central by CEQA to conduct surveys of the Many mitigation attempts do not and Coastal Subregion, which is a biological resources of a project site. achieve the goal of securing long-term specifically designated area where Sensitive species located during surveys protection for plants (Howald 1993). conservation planning has been delayed are to be reported to the NDDB, which Three ‘‘protected’’ sites were bulldozed due to the lack of detailed information is maintained by the CDFG’s Natural since the publication of the proposed on the life history of the species in this Heritage Division. Occasionally the rule—one during a fire suppression area. The Central and Coastal project proponent considers the event in 1993, one during fuelbreak Subregional Natural Community information proprietary and the maintenance, and another by Conservation Plan/Habitat Conservation consulting biologists may not report earthmoving operations related to the Plan contains planning policies complete information to the NDDB expansion of the Calleguas Municipal intended to guide future conservation (USFWS 1994). This has the potential to Water District Facility. planning in this area, which will focus further aggravate the endangerment of In 1991, the State of California on protecting regional biodiversity those species. established the Natural Communities values and unique and sensitive Conservation Plan Program (NCCP), resources (USFWS, in litt., 1996). E. Other Natural or Manmade Factors pursuant to the Natural Community Therefore, protection and management Affecting its Continued Existence Conservation Planning Act. The purpose of A. brauntonii via future preserves and The grasslands of California have of the NCCP program is to provide long- fire management could occur in this been affected by grazing for 200 years, term, regional protection of natural area of the subregion. Even if this resulting in a type-conversion from 4180 Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations native, annual and perennial grass and bank (White 1990). The use of equestrian use changed the character of herb species to aggressive, non-native prescribed fire as a habitat management the minor disturbance that foot traffic annual species. tool for Astragalus brauntonii and generated. The soils changed in texture The fire management policy of the last Pentachaeta lyonii will be difficult from compacted to powder and the 200 years has been one of fire exclusion, because approved development is width of the tread increased, which has disrupted natural processes, situated extremely close to ‘‘protected’’ eliminating the narrow band of habitat causing an imbalance in ecosystem populations (C. Wishner, pers. comm., occupied by Pentachaeta lyonii. functioning in grasslands, coastal sage 1994). Fire suppression activities have Another colony on the same parkland scrub, chaparral, and oak woodlands. resulted in the extirpation of Astragalus was significantly reduced by Most California habitats are highly brauntonii habitat during the Old recreational trampling. The colony adapted to periodic fires. The disruption Topanga fire of 1993 (S. Goode, pers. occurred alongside an artificial pond of ecological processes has not been comm., 1994) and Pentachaeta lyonii that was used by swimmers and uniform. In interior blocks of large habitat during the Greenmeadow fire of picnickers who spread blankets and habitat, the reduction of fire frequency 1993 (C. Wishner, pers. comm., 1994). towels over the site. That colony was (by fire suppression) has resulted in an Air pollution impacts to coastal sage fenced in 1988 to prevent further accumulation of fuels in woody scrub have been documented in the impacts, but did not show signs of vegetation, making fire intensity and Santa Monica Mountains as a threat to recovery (CDFG 1989). duration more severe. In contrast, the viability and functioning of the Dudleya cymosa ssp. marcescens is wildlands in proximity to urban areas habitat (O’Leary 1990). Niebla negatively affected at four sites by have been subjected to increased fire ceruchoides, a small cushion lichen, recreational activities, primarily rock frequencies. In addition, range apparently functions as a nursery for climbing. Plants are uprooted and management practices have used high seedling establishment of Dudleya destroyed by rappeling and boulder fire frequencies to change the vegetation verityi. The population of Niebla on climbing activities. In addition, fire has type from shrub to grass (Biswell 1989). Conejo Mountain is the largest on the been observed to severely reduce Fire frequencies of one to ten years can mainland (it is also known from the population densities and destroy the reduce species diversity by causing the California Channel Islands). moss substrate that Dudleya cymosa ssp. elimination of species dependent on Occurrences of Niebla in coastal sage marcescens requires (M. Dodero, pers. longer periods of time between fires to scrub habitats of coastal southern comm., 1992). re-establish seed banks. California are being reduced by habitat By virtue of the limited number of The Nature Conservancy has loss and air pollution (Riefner 1992). established a preserve to protect habitat At least two populations of individuals and/or range of the existing for Cupressus forbesii (Tecate cypress) Pentachaeta lyonii have been eliminated populations, at least three (Astragalus and a portion of the local Astragalus from the secondary effects of gopher- brauntonii, Dudleya abramsii ssp. brauntonii population. However, the fire tilling of the soil, which facilitates the parva, Dudleya verityi) of the taxa in management required for the protection growth of competitive non-native this rule are threatened with extinction of the approved developments adjacent weeds. Stable populations of from naturally occurring events. Genetic to habitat for these species poses a Pentachaeta lyonii occur in sites that viability is reduced in small conflict. Varied and controversial fire have a crusty soil surface that results in populations, making them vulnerable to management policies have been lower spatial competition from non- extinction by a single human-caused or implemented in southern California, native annual grasses. When the crust is natural event. The potential for generally without any clear broken, the aggressive non-native extinction owing to small population understanding of their long-term annual weeds have displaced size or a highly restricted range is ecological effects. The emphasis on fire Pentachaeta lyonii (NDDB 1994). exacerbated by natural causes such as suppression during the last century has Human-caused disturbances, such as fire, drought, rock slides, or disease. had a significant effect on natural fire roads, trails, and minor landform The Service has carefully assessed the frequencies, intensities and size. Where alterations, have functioned to provide best scientific and commercial fire suppression has been successful, a zone where the competition from information available regarding the past, there is a resulting fuel overloading and aggressive, non-native annual weeds is present, and future threats faced by when an ignition event takes place, the reduced, thereby allowing Pentachaeta these taxa in determining to make this resulting fires are usually intense and lyonii to grow. This artificial habitat final rule. Based on this evaluation, the large. Fire frequencies close to the contains a zone of highly compacted preferred action is to list Astragalus urban/wildland interface are often soils devoid of vegetation graduating to brauntonii and Pentachaeta lyonii as higher, a result of increased arson- a zone of high vegetative cover. Between endangered, and Dudleya cymosa ssp. caused ignitions. A vegetation the zones is a narrow strip of habitat of marcescens, Dudleya cymosa ssp. management program was initiated in reduced competition where Pentachaeta ovatifolia, Dudleya abramsii ssp. parva, 1980 when the governor of California lyonii occasionally occurs. It is not and Dudleya verityi as threatened. The approved Senate Bill 1704, entitled disturbance that is required for viable six taxa are individually threatened by ‘‘Prescribed Burning: Brush-Covered Pentachaeta lyonii habitat, rather it is one or more of the following—habitat Lands’’ (Biswell 1989). Current fire the reduced competition from non- alteration and destruction resulting from management prescriptions, including native species such as Avena spp. (wild urban development; recreational wet season burns and crush and burn oats), Bromus spp. (brome grass), and activities; alteration of natural fire techniques, are questionable Centaurea melitensis (tocalote) (CDFG cycles within the coastal sage scrub, management tools for maintenance of 1989). chaparral, grassland, and oak woodland sensitive species habitats. When soil Changes in the intensity of communities; displacement by non- and fuel moisture are high, burning disturbance have eradicated colonies of native weeds; and over-collection. The intensity may not be sufficient to induce Pentachaeta lyonii on NPS land. A limited distribution of habitat for certain germination; conversely, the crush and linear habitat alongside a trail supported taxa (e.g., Dudleya verityi) and their burn technique may cause increased a small population for several years; small population size (e.g., Astragalus intensity and destroy species in the seed however, a significant increase in brauntonii) makes them particularly Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations 4181 vulnerable to extinction from naturally determinable, the Secretary designate requires Federal agencies, in occurring events. critical habitat at the time the species is consultation with the Service, to ensure Because Astragalus brauntonii and determined to be endangered or that any action authorized, funded, or Pentachaeta lyonii are in danger of threatened. The Service finds that carried out by such agency, does not extinction throughout all or a significant designation of critical habitat would not jeopardize the continued existence of a portion of their ranges, they meet the be prudent for these six plant taxa. federally listed species, or does not definition of endangered as defined in Service regulations (50 CFR destroy or adversely modify designated the Act. The Service has determined 424.12(a)(1)) state that designation of critical habitat. The taxa in this rule are that threatened status rather than critical habitat is not prudent when one all confined to small geographic areas endangered status is appropriate for or both of the following situations and each population is composed of so Dudleya abramsii ssp. parva, D. cymosa exist—(1) the species is threatened by few individuals that the determinations ssp. marcescens, D. cymosa ssp. taking or other human activity, and for jeopardy and adverse modification ovatifolia, and D. verityi because these identification of critical habitat can be would be similar. Therefore, designation taxa are restricted to habitats that are expected to increase the degree of threat of critical habitat provides no additional somewhat less vulnerable to the threat to the species, or (2) such designation of benefit beyond those that these taxa of development. Certain populations of critical habitat would not be beneficial would receive by virtue of their listing D. cymosa ssp. marcescens and D. to the species. as endangered or threatened species and cymosa ssp. ovatifolia occurring on As discussed under Factor A in the likely would increase the degree of lands owned and managed by the DPR ‘‘Summary of Factors Affecting the threat from vandalism, collecting, or are protected from the destruction of Species’’ section, both Astragalus other human activities. The Service habitat by development. However, brauntonii and Pentachaeta lyonii face finds that designation of critical habitat habitat degradation due to recreational numerous anthropogenic threats and for these plants is not prudent at this activities such as rock climbing these species occur mostly on private time. continues. Management activities, such land. The publication of precise maps as the establishment of a regional parks and descriptions of critical habitat in Available Conservation Measures system by COSCA, have somewhat the Federal Register would make these Conservation measures provided to reduced the potential for habitat plants more vulnerable to incidents of species listed as endangered or destruction for D. abramsii ssp. parva. vandalism and, therefore, could threatened under the Endangered In the case of D. verityi, the County of contribute to the decline of these Species Act include recognition, Ventura has produced a study to species. As discussed under Factor B, A. recovery actions, requirements for determine the most feasible portion(s) of brauntonii and the four Dudleya taxa are Federal protection, and prohibitions Conejo Mountain for acquisition as particularly threatened by against certain practices. Recognition permanent open space. Despite these overcollection, an activity difficult to through listing encourages and results management activities, occurrences of regulate and enforce. Taking is only in conservation actions by Federal, these four taxa receive no protection regulated by the Act with respect to State, and private agencies, groups, and where they occur on private lands and plants in cases of (1) removal and individuals. The Act provides for efforts to secure additional protection reduction to possession of federally possible land acquisition and for certain sites have yet to be achieved. listed plants from lands under Federal cooperation with the states and requires These four taxa appear to be likely to jurisdiction, or their malicious damage that recovery actions be carried out for become endangered species within the or destruction on such lands; and (2) all listed species. The protection foreseeable future. Critical habitat is not removal, cutting, digging-up, or required of Federal agencies and the being proposed for these taxa for damaging or destroying in knowing prohibitions against certain activities reasons discussed in the ‘‘Critical violation of any State law or regulation, involving listed plants are discussed, in Habitat’’ section of this final rule. including State criminal trespass law. part, below. Publication of critical habitat Section 7(a) of the Act, as amended, Critical Habitat descriptions and maps would make A. requires Federal agencies to evaluate Critical habitat is defined in section 3 brauntonii and the four Dudleya taxa their actions with respect to any species of the Act as: (i) the specific areas more vulnerable to overcollection and that is proposed or listed as endangered within the geographical area occupied taking. or threatened and with respect to its by a species, at the time it is listed in Each of the taxa in this rule is known critical habitat, if any is being accordance with the Act, on which are to occur, at least in part, on privately designated. Regulations implementing found those physical or biological owned lands. Critical habitat this interagency cooperation provision features (I) essential to the conservation designation provides protection only on of the Act are codified at 50 CFR part of the species and (II) that may require Federal lands or on private lands when 402. Section 7(a)(2) requires Federal special management considerations or there is Federal involvement through agencies to insure that activities they protection and; (ii) specific areas authorization or funding of, or authorize, fund, or carry out are not outside the geographical area occupied participation in, a project or activity. likely to jeopardize the continued by a species at the time it is listed, upon The limited number of populations that existence of such a species or to destroy the determination that such areas are occur on Federal lands are managed by or adversely modify its critical habitat. essential for the conservation of the the NPS, for which management of If a Federal action may affect a listed species. ‘‘Conservation’’ means the use listed species is a high priority. All species or its critical habitat, the of all methods and procedures needed Federal and State agencies and local responsible Federal agency must enter to bring the species to the point at planning agencies involved have been into formal consultation with the which listing under the Act is no longer notified of the location and importance Service. necessary. of protecting the habitat of these plant Five of the taxa, Astragalus Section 4(a)(3) of the Act, as taxa. Protection of their habitat will be brauntonii, Dudleya cymosa ssp. amended, and implementing regulations addressed through the recovery process marcescens, D. cymosa ssp. ovatifolia, (50 CFR 424.12) require that, to the and through the section 7 consultation D. verityi, and Pentachaeta lyonii, occur maximum extent prudent and process. Section 7(a)(2) of the Act within the current boundaries of the 4182 Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations

SMMNRA. Land acquisition activities damage, or destruction of these taxa is National Environmental Policy Act of for conservation purposes are possible prohibited without a Federal 1969, need not be prepared in within the SMMNRA boundary and endangered species permit. Such connection with regulations adopted could include unprotected populations activities on non-Federal lands would pursuant to section 4(a) of the of these plant taxa. Activities that could constitute a violation of section 9 if Endangered Species Act of 1973, as potentially affect these taxa and their conducted in knowing violation of amended. A notice outlining the habitats on NPS lands are primarily California State laws, or in violation of Service’s reasons for this determination recreational activities including hiking, a California State criminal trespass law. was published in the Federal Register equestrian use, and rock climbing. All of the Dudleya taxa in this rule are on October 25, 1983 (48 FR 49244). Urban development projects occurring of horticultural interest; however, they on private lands may need permits from are not currently known to be in Required Determinations Federal agencies, such as section 404 commercial trade. Intrastate commerce The Service has examined this permits from the U.S. Army Corps of (commerce within a State) is not regulation under the Paperwork Engineers. prohibited under the Act. However, Reduction Act of 1995 and found it to The Act and its implementing interstate and foreign commerce (sale or contain no information collection regulations set forth a series of general offering for sale across State or requirements. This rulemaking was not prohibitions and exceptions that apply international boundaries) requires a subject to review by the Office of to all threatened and endangered plants. Federal endangered species permit. Managment and Budget under Executive All prohibitions of section 9(a)(2) of the (Endangered species may be advertised Order 12866. Act, implemented by 50 CFR 17.61 for for sale provided the advertisement endangered plants, and 17.71 for contains a statement that no sale may be References Cited threatened plants, apply. These consummated until a permit has been A complete list of all references cited prohibitions, in part, make it illegal for obtained from the Service). herein is available upon request from The Act and 50 CFR 17.62, 17.63, and any person subject to the jurisdiction of the Service’s Ventura Field Office (see the United States to import or export, 17.72 also provide for the issuance of ADDRESSES section). transport in interstate or foreign permits to carry out otherwise commerce in the course of a commercial prohibited activities involving Author activity, sell or offer for sale in interstate endangered or threatened species under The primary author of this final rule or foreign commerce, or remove and certain circumstances. Such permits are is Tim Thomas, Ventura Field Office reduce the species to possession from available for scientific purposes and to (see ADDRESSES section). areas under Federal jurisdiction. In enhance the propagation or survival of addition, for plants listed as the species. For threatened plants, List of Subjects in 50 CFR Part 17 endangered, the Act prohibits the permits are also available for botanical malicious damage or destruction on or horticultural exhibition, educational Endangered and threatened species, areas under Federal jurisdiction and the purposes, or special purposes consistent Exports, Imports, Reporting and removal, cutting, digging up, or with the purposes of the Act. It is recordkeeping requirements, and damaging or destroying of such plants anticipated that few trade permits Transportation. in knowing violation of any State law or would ever be sought or issued because Regulation Promulgation regulation including State criminal the species are not in commercial trespass law. Section 4(d) of the Act cultivation or common in the wild. Accordingly, part 17, subchapter B of allows for the provision of such Questions regarding whether specific chapter I, title 50 of the Code of Federal protection to threatened species through activities will constitute a violation of Regulations, is amended as set forth regulation. This protection may apply to section 9 of the Act should be directed below: these taxa in the future if regulations are to the Assistant Field Supervisor of the PART 17Ð[AMENDED] promulgated. Seeds from cultivated Service’s Ventura Field Office (see specimens of threatened plants are ADDRESSES section). Requests for copies 1. The authority citation for part 17 exempt from these provisions provided of the regulations regarding listed continues to read as follows: that their containers are marked ‘‘Of species and inquiries about prohibitions Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Cultivated Origin.’’ Certain exceptions and regulations may be addressed to the to the prohibitions apply to agents of the 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– U.S. Fish and Wildlife Service, 625, 100 Stat. 3500, unless otherwise noted. Service and State conservation agencies. Ecological Services, Endangered Species It is the policy of the Service to Permits, 911 NE 11th Avenue, Portland, 2. Section 17.12(h) is amended by increase public understanding of the Oregon 97232–4181 (telephone: 503/ adding the following, in alphabetical prohibited acts that will apply under 231–6241; facsimile: 503/231–6243). order under FLOWERING PLANTS, to section 9 of the Act. Four of the taxa in the List of Endangered and Threatened this rule (Astragalus brauntonii, National Environmental Policy Act Plants to read as follows: Dudleya cymosa ssp. marcescens, D. The Service has determined that cymosa ssp. ovatifolia, and Pentachaeta Environmental Assessments and § 17.12 Endangered and threatened plants. lyonii) are known to occur on lands Environmental Impact Statements, as * * * * * under Federal jurisdiction. Collection, defined under the authority of the (h) * * *

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

FLOWERING PLANTS

******* Astragalus brauntonii ... Braunton's milk-vetch U.S.A. (CA) ...... Pea (Fabaceae) ...... E 606 NA NA Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations 4183

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

******* Dudleya abramsii ssp. Conejo dudleya ...... U.S.A. (CA) ...... Stonecrop T 606 NA NA parva. (Crassulaceae). Dudleya cymosa ssp. Marcescent dudleya ... U.S.A. (CA) ...... Stonecrop T 606 NA NA marcescens. (Crassulaceae). Dudleya cymosa ssp. Santa Monica Moun- U.S.A. (CA) ...... Stonecrop T 606 NA NA ovatifolia. tains dudleya. (Crassulaceae).

******* Dudleya verityi ...... Verity's dudleya ...... U.S.A. (CA) ...... Stonecrop T 606 NA NA (Crassulaceae).

******* Pentachaeta lyonii ...... Lyon's pentachaeta ... U.S.A. (CA) ...... Aster (Asteraceae) ..... E 606 NA NA

*******

Dated: December 26, 1996. southern portion of its range due to snake. Correction of these mislabelled Jay L. Gerst, modifications in surface coal mining specimens is difficult due to the rapid Acting Director, Fish and Wildlife Service. and reclamation practices. fading of colors from preserved [FR Doc. 97–2059 Filed 1–28–97; 8:45 am] EFFECTIVE DATE: February 28, 1997. specimens. Thus, the original range and BILLING CODE 4310±55±P ADDRESSES: The complete file for this distribution of the copperbelly water rule is available for inspection, by snake is not precisely known due to this appointment, during normal business taxonomic history and the loss of 50 CFR Part 17 hours at the Service’s Bloomington suitable habitat before recognition of the copperbelly water snake as a distinct RIN 1018±AB75 Field Office, 620 South Walker Street, Bloomington, Indiana 47403; telephone subspecies (Conant 1949, 1951, 1955; Endangered and Threatened Wildlife 812/334–4261. Minton 1972). The key field identification feature of and Plants; Determination of FOR FURTHER INFORMATION CONTACT: Threatened Status for the Northern the copperbelly water snake is its David Hudak, Field Supervisor (see coloration. The snake has a solid dark, Population of the Copperbelly Water ADDRESSES section), 812/334–4261, Snake usually black, back with a bright orange- extension 200. red underside that is visible from a side AGENCY: Fish and Wildlife Service, SUPPLEMENTARY INFORMATION: view. The head and eyes of the Interior. copperbelly water snake are Background ACTION: Final rule. proportionally larger than similar The plain-belly water snake (Nerodia species (Clay 1938; Conant 1938, 1951; SUMMARY: The U.S. Fish and Wildlife erythrogaster) was formally described as Minton 1972). The copperbelly water Service (Service) determines threatened a species in 1938 as Natrix erythrogaster snake is most often confused with the species status pursuant to the (Clay 1938). The copperbelly water yellowbelly water snake (Nerodia Endangered Species Act of 1973, as snake, Nerodia erythrogaster neglecta, erythrogaster flavigaster), an adjacent amended (Act), for the copperbelly was recognized as a distinct subspecies subspecies to the south and west in water snake (Nerodia erythrogaster in 1949 (Conant 1949). It is one of six Illinois and Kentucky. The most obvious neglecta) in the northern portion of its recognized subspecies of the plain-belly single distinguishing characteristic is range. The Service also determines that water snake (McCranie 1990). The Act the belly color. The copperbelly water the copperbelly water snake does not defines ‘‘species’’ to include ‘‘any snake has a bright orange-red underside, warrant listing as a threatened species subspecies of fish or wildlife or plants, whereas the yellowbelly water snake in the southern portion of its range and and any distinct population segment of has a pale yellow belly. In addition, it is not finalizing that portion of the any species of vertebrate fish or wildlife has blotches of dark pigment extending proposal. This snake was referred to as .. .’’ (section 3(15)). Thus, although onto the ventral scales that meet or the northern copperbelly water snake in taxonomically recognized as a nearly meet at the belly, whereas the several previous Federal Register subspecies, N. e. neglecta will be yellowbelly water snake has dark publications. Historical records and referred to as a ‘‘species’’ through the pigment encroaching onto only the edge recent studies indicate that this animal remainder of this rule. This legal, as of the ventral scales (Brandon and has declined substantially, especially in opposed to biological, use of the term Blanford 1995; Minton 1972; Conant the northern portion of its range, and ‘‘species’’ should not be understood to 1938, 1949). now persists largely in isolated pockets mean that this rule covers the entire After its recognition as a subspecies, of suitable habitat. Rangewide, the species Nerodia erythrogaster. The two the known historical range of the snake has been impacted by a variety of decisions announced in this rule apply copperbelly water snake was described human-induced causes, including only to the subspecies N. e. neglecta. by Schmidt (1953) as ‘‘south central urban/suburban encroachment, coal Because N. e. neglecta was not Michigan and northwestern Ohio, mining, and wetland drainage. These recognized until 1949, museum southwestward through Indiana to impacts continue to threaten the snake specimens of the copperbelly water extreme southeastern Illinois and in the northern portion of its range but snake archived before that time were adjacent Kentucky.’’ A notable feature of are being substantially reduced in the identified only as the plain-belly water the documented historical range is the