5560 Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Proposed Rules

DEPARTMENT OF THE INTERIOR hours at the, U.S. Fish and Wildlife consistent with McVaugh’s (1941) Service, Carlsbad Field Office, 2730 treatment of this taxon. Fish and Wildlife Service Loker Avenue West, Carlsbad, Downingia concolor var. brevior is a California, 92008. member of the bellflower family 50 CFR Part 17 (Campanulaceae). This plant is a low, FOR FURTHER INFORMATION CONTACT: Fred slightly succulent annual herb, with RIN 1018±AC65 Roberts (see ADDRESSES section) stems 5 to 20 centimeters (cm) (2 to 8 telephone 619/431–9440. Endangered and Threatened Wildlife inches (in)) long. The flowers are blue and Plants; Withdrawal of Proposed SUPPLEMENTARY INFORMATION: and white with a 4-sided purple spot at Rule to List Parish's Meadowfoam, as Background the base of the united petals. The fruit Threatened, and Cuyamaca Lake is 12 to 15 millimeters (mm) (0.5 in) Downingia as Endangered On August 4, 1994, the Service long and the seeds have linear striations published in the Federal Register (59 (grooves). Downingia concolor var. AGENCY: Fish and Wildlife Service, FR 39879) a proposal to list Downingia brevior blooms from May to July and Interior. concolor var. brevior (Cuyamaca Lake sets seed from June to August. The seeds ACTION: Proposed rule; notice of downingia) as endangered and are dispersed by flooding and require withdrawal. Limnanthes gracilis ssp. parishii brief inundation for germination (Munz SUMMARY: The U.S. Fish and Wildlife (Parish’s meadowfoam) as threatened. 1974, Bauder 1992). Downingia concolor var. brevior can Service (Service) withdraws the These species occur in association with be distinguished from the only other proposal to list Cuyamaca Lake wetlands of the Peninsular Ranges of two members of this genus that occur in downingia (Downingia concolor var. southwestern California from the Santa southern California, Downingia brevior) as an endangered species and Ana Mountains of extreme southwestern cuspidata and Downingia bella, by the Parish’s meadowfoam (Limnanthes Riverside County, south to the Laguna form of the striations on the seed, the gracilis ssp. parishii) as a threatened Mountains of southern San Diego color of the flower, and the hair or lack species under the Endangered Species County, California. Both plants are restricted to grassy meadows or of hair on the corolla lobes. It can be Act of 1973, as amended (Act). distinguished from the more northern The Service finds that information drainages that are vernally wet (wet Downingia concolor var. concolor by the now available, discussed below, justifies during the rainy season) with saturated size of the fruit and how rapidly the withdrawal of the proposed listings of soil conditions and shallow pools for fruit splits open when the seeds are these species as endangered or several weeks at a time. In the vicinity of Lake Cuyamaca these shallow pools mature (Ayers 1993). threatened. Various local, State, and Downingia concolor var. brevior is Federal agencies have developed and are associated with drier mounds called mima mounds. This type of restricted to a single population at Lake approved a Conservation Agreement Cuyamaca in the Cuyamaca Valley of that provides adequate protection for physiography is referred to as montane meadow-vernal pool association. San Diego County, California, on private these species throughout a significant land owned by the Helix Water District, portion of their range. This agreement is Downingia concolor var. brevior is public lands within Rancho Cuyamaca entitled: Conservation Agreement for restricted to the Cuyamaca Valley in the State Park and, to a lesser extent, other the Preservation of Cuyamaca Lake Cuyamaca Mountains of central San private lands. Historically, the Downingia (Downingia concolor var. Diego County, California. This locality population of Downingia concolor var. brevior) and Parish’s Meadowfoam also supports the largest concentration brevior was located throughout much of (Limnanthes gracilis ssp. parishii). The of Limnanthes gracilis ssp. parishii. the valley floor. The plant has now been Helix Water District, Lake Cuyamaca Although the vernal pool and mima largely restricted to the shore of the Recreation and Park District, California mound topography has been mostly lake, extending onto the valley floor Department of Parks and Recreation obliterated, much of the unique only during dry years. From 1988 to (State Parks), California Department of montane, vernal pool flora remains. 1992, one population existed in the Fish and Game (CDFG), the Service, and This flora includes a number of disjunct vicinity of Lake Cuyamaca, consisting of the U.S. Forest Service are signatories to species that are more frequently between 9 and 24 stands. These stands the Conservation Agreement, which the associated with vernal pools of central occupied a total of less than 80 hectares Service signed on August 5, 1996. The California or coastal San Diego County (ha) (200 acres (ac)) and frequently Conservation Agreement addresses (e.g., Deschampsia danthonioides occupied less than 40 ha (100 ac). In threats to both species and recovery (annual hairgrass), Blennosperma years with little flowering, the total actions through a combination of nanum (common blennosperma)), or observed distribution of Downingia measures. These measures address occur in highly restricted distributions concolor var. brevior is less than 0.4 ha impacts resulting from alteration of in the mountains of southern California (1 ac) (E. Bauder, in litt., October 1994). hydrology in the Cuyamaca Valley, (e.g., Delphinium hesperium ssp. The number of individuals within these grazing, recreational activities, and off- cuyamacae (Cuyamaca larkspur)) stands, and the location and size of road vehicle (ORV) access over the (Beauchamp 1986a, Winter 1991). these stands vary in any given year in majority of the range of these two plant Downingia concolor var. brevior response to rainfall, the extent of winter species. Because implementation of the (Cuyamaca Lake downingia) was flooding, and temperature (Bauder measures in this conservation agreement described by McVaugh (1941) based on 1992). significantly reduces the risks to a collection by Abrams at Cuyamaca Limnanthes gracilis ssp. parishii Downingia concolor var. brevior and Lake, Cuyamaca Mountains, San Diego (Parish’s meadowfoam) was first Limnanthes gracilis ssp. parishii, the County, California. Beauchamp (1986b) described by Jepson (1936) as Service concludes that listing is not elevated the plant to a subspecies Limnanthes versicolor var. parishii. The warranted. following the suggestions of Thorne description was based on specimens ADDRESSES: The complete file for this (1978). However, Ayers (1993) collected by Parish at the Stonewall rule is available for public inspection, recognized this plant as Downingia Mine on the southern edge of the by appointment, during normal business concolor var. brevior, which is Cuyamaca Valley, San Diego County, Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Proposed Rules 5561

California. Mason (1952) recognized Creek area are occupied by Limnanthes General comments received in Limnanthes versicolor var. parishii as gracilis ssp. parishii. The number of response to the 1976 proposal were Limnanthes gracilis var. parishii, based individuals and the location and size of summarized in an April 26, 1978, on flower and fruit morphology. stands within this area varies in any Federal Register (43 FR 17909). Beauchamp (1986b) elevated the plant given year in response to rainfall, the Although the Act amendments of 1978 to a subspecies to be consistent with extent of winter flooding, and required all proposals over two years other treatments of this genus and noted temperature (Bauder 1992). Under old to be withdrawn, a one-year grace the geographic separation (over 1,200 favorable conditions, Limnanthes period was given to those proposals kilometers (km) (744 miles (mi)) of the gracilis ssp. parishii can be a published before the enactment of the taxon from Limnanthes gracilis ssp. conspicuous element of the Cuyamaca 1978 amendments. In the December 10, gracilis, which is found in southern Valley during the spring bloom (Craig 1979, Federal Register (44 FR 70796), Oregon. Rieser, Pacific Southwest Biological the Service published a notice of Limnanthes gracilis ssp. parishii is a Services, pers. comm., 1993). withdrawal for that portion of the June member of the meadowfoam family Other populations of Limnanthes 6, 1976, proposal that had not been (Limnanthaceae), a small family of gracilis ssp. parishii are generally finalized including Limnanthes gracilis wetland species found primarily along smaller than the Cuyamaca Valley ssp. parishii. the Pacific coast of North America. The population, both in number of The Service published an updated plant is a low, widely branching annual individuals and the extent of occupied Notice of Review of Plants in the with stems 10 to 20 cm (4 to 8 in) long. habitat. They range in size from less Federal Register on December 15, 1980 The leaves are 2 to 6 cm (0.8 to 2.3 in) than 2 ha (5 ac) to as much as 40 ha (100 (45 FR 82480). This notice included long and divided. The flowers are bowl- ac), and most populations contain fewer Downingia concolor var. brevior and shaped, the petals are 8 to 10 mm (0.32 than 1000 individuals. However, at least Limnanthes gracilis ssp. parishii as to 0.4 in) long with a white or 4 of the 6 populations that occur on category 1 candidate taxa (species for occasionally a cream-colored base that Forest Service lands contain 5,000 to which data in the Service’s possession becomes pink (Ornduff 1993). The fruit 30,000 individuals and one extends over were sufficient to support a proposal for is rough textured. Limnanthes gracilis 60 ha (150 ac). A single isolated listing). On November 28, 1983, the ssp. parishii blooms from April through population is located in vernal pools on Service published a supplement to the May, setting seed in the late spring and the Santa Rosa Plateau of southwestern Notice of Review of Plants in the early summer. Germination requires Riverside County, California. This area Federal Register (48 FR 53640). This saturated soils or inundation (Munz of approximately 2 ha (5 ac) is managed notice was again revised on September 1974, Bauder 1992). by The Nature Conservancy (TNC). An 27, 1985 (50 FR 39526). Both plant taxa Limnanthes gracilis ssp. parishii is unauthorized attempt to introduce the were included in the 1983 and 1985 restricted to moist montane meadows, plant to National Forest lands in the supplements as category 2 candidate mudflats, and along stream courses in Laguna Mountains from seeds gathered taxa (species for which data in the the Palomar, Cuyamaca, and Laguna from the Cuyamaca Valley population Service’s possession indicated listing Mountains of San Diego County, (Winter 1991, CNDDB 1992) was may be appropriate, but for which California. An additional small unsuccessful (Forest Service, in litt., additional biological information is population is known from the Santa September 1994). needed to support a proposed rule). The Rosa Plateau, Riverside County, plant Notice of Review was again Previous Federal Action California. Fewer than 20 populations of revised on February 21, 1990 (55 FR this taxon exist. The largest population Federal government action on the two 6184), and again on September 30, 1993 occurs in the Cuyamaca Valley in the plants considered in this rule began as (58 FR 51144). Downingia concolor var. vicinity of Lake Cuyamaca and a result of section 12 of the Act, which brevior was included as a category 1 Stonewall Creek where it is restricted to directed the Secretary of the candidate taxon, and Limnanthes the shore of Lake Cuyamaca at Smithsonian Institution to prepare a gracilis ssp. parishii as a category 2 maximum inundation. About one third report on those plants considered to be candidate taxon in both notices. On of this population is on private land endangered, threatened or extinct. This February 28, 1996, the Service (including land owned by the Helix report, designated as House Document published a Notice of Review in the Water District), one third is on No. 94–51 and presented to Congress on Federal Register (61 FR 7596) that California State Parks and Recreation January 9, 1975, recommended discontinued the designation of category lands, and the remainder is on Forest Limnanthes gracilis var. parishii (= 2 species as candidates, which included Service land (E. Bauder, in litt., October Limnanthes gracilis ssp. parishii) for both species as candidates for listing. 1994). endangered status. The Service Section 4(b)(3)(B) of the Act as Historically, the Cuyamaca Valley published a notice in the July 1, 1975, amended in 1982, requires the Secretary population of Limnanthes gracilis ssp. Federal Register (40 FR 27823), of its to make findings on pending petitions parishii occurred throughout much of acceptance of the report as a petition within 12 months of their receipt. the valley floor. Recently, the Cuyamaca within the context of section 4(c)(2) Section 2(b)(1) of the 1982 amendments Valley population of Limnanthes (now section 4(b)(3)(A)) of the Act, and further requires that all petitions gracilis ssp. parishii was described as of the Service’s intention to review the pending on October 13, 1982 be treated consisting of 100 stands by Bauder status of the plant taxa named therein, as having been newly submitted on that (1992), and 8 small populations by the including Limnanthes gracilis ssp. date. This was the case for Limnanthes California Natural Diversity Data Base parishii. The Service published a gracilis ssp. parishii because the 1975 (CNDDB) (1992). However, these smaller proposal in the June 16, 1976, Federal Smithsonian report had been accepted groupings are contiguous, separated by Register (42 FR 24523) to determine as a petition. On October 13, 1983, the less than 1.5 km (1 mi), and approximately 1,700 vascular plants to Service found that the petitioned listing concentrated within a 9 square km (4 be endangered species pursuant to of this species was warranted, but square mi) area. Approximately 120 ha section 4 of the Act. Limnanthes gracilis precluded by other pending listing (300 ac) of a potential 800 ha (2,000 ac) ssp. parishii was also included in this proposals of higher priority pursuant to of the Cuyamaca Valley and Stonewall Federal Register notice. section 4(b)(3)(B)(iii) of the Act. 5562 Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Proposed Rules

Notification of this finding was for restarting the listing program on May gracilis ssp. parishii. These areas published in the Federal Register on 16, 1996 (61 FR 24722). include the majority of the largest January 20, 1984 (49 FR 2485). Such a This withdrawal notice is in stands of these taxa within the eastern finding requires the petition to be accordance with the listing priority basin of the Cuyamaca Valley above the recycled, pursuant to section guidance for fiscal year 1997 published dike. No activities that impact these 4(b)(3)(C)(I) of the Act. The finding was on December 5, 1996 (61 FR 64475). The species are allowed within these reviewed annually in October of 1984 processing of a proposed listing, sensitive areas. To the extent through 1992. including the completion of a practicable, the Helix Water District, The Service made a final ‘‘not withdrawal notice, is a Tier 2 action Lake Cuyamaca Recreation and Park warranted’’ finding on the 1975 petition under this guidance (61 FR 64479). District, State Parks and the Forest with respect to Limnanthes gracilis ssp. Development of a Conservation Service will relocate trails away from parishii and 864 other species in the Agreement Limnanthes and Downingia habitat. December 9, 1993, Federal Register (58 Land management signatories also have FR 64828). One reason was cited as the Immediately prior to the Service’s agreed to allow monitoring of the status basis for this finding on this species: decision to propose Downingia concolor of these two taxa. data was not then available to the var. brevior for listing as endangered The Helix Water District, Lake Service in late summer 1993 relating to and Limnanthes gracilis ssp. parishii for Cuyamaca Recreational and Park current threats (i.e., one of the five listing as threatened, the Helix Water District, and State Parks also will factors described within the proposed District initiated an effort to address exclude livestock grazing and avoid rule under 50 CFR 424.11) throughout a conservation measures required to activities that could result in erosion on significant portion of the species’’ range. provide adequate protection of three Limnanthes and Downingia habitat. The The species was retained in category 2 plant taxa, including the two plants in Forest Service, conforming with a 1991 on the basis that it may be subject to this notice. Helix Water District Habitat Management Plan for extinction or endangerment from manages the largest populations of both Limnanthes gracilis ssp. parishii, will uncontrolled loss of habitat or from plant taxa. During the late summer and continue to monitor and manage grazing other man-caused changes to its fall of 1994, the effort was expanded to activities to reduce impacts to the environment (58 FR 64840). In early include various local, State, and Federal species. Additionally, under the 1994, the Service obtained completed agencies with the intent of producing a Conservation Agreement, Helix Water survey and other data that adequately Memorandum of Understanding (MOU) District, Lake Cuyamaca Recreational described those factors that placed that would provide adequate protection and Park District, and State Parks agree Limnanthes gracilis ssp. parishii at risk for these species throughout a to fully comply with California of extinction. significant portion of their ranges. Environmental Quality Act (CEQA) On December 14, 1990, the Service Development of the MOU included requirements, section 404 of the Federal received a petition dated December 5, guidance from local botanical experts Clean Water Act, and section 1603 of 1990, from Mr. David Hogan of the San familiar with these two rare plants. The the CDFG Code regarding projects that Diego Biodiversity Project, to list resulting MOU and Conservation may affect these species. These parties Downingia concolor ssp. brevior (=D. c. Agreement were signed by the Service also agree to consult with CDFG and the var. brevior) as an endangered species. on August 5, 1996. Signatories to the Service for activities that are beyond the The petitioner also requested the agreement include: the Helix Water normal activities of these agencies as designation of critical habitat for this District, Lake Cuyamaca Recreation and defined in the Conservation Agreement. species. The Service evaluated the Park District, State Parks, California The Conservation Agreement will petitioner’s requested action for Department of Fish and Game (CDFG), remain in effect until after August 1999. Downingia concolor var. brevior and the Service, and Forest Service. The At the end of this period, the published a 90-day finding on August Conservation Agreement addresses over Conservation Agreement must be 31, 1991 (56 FR 42966) that substantial 80 percent of the remaining Downingia reviewed and either modified, renewed, information existed indicating that the concolor var. brevior population (Helix or terminated. If the Conservation requested action may be warranted. Water District, Lake Cuyamaca Agreement is terminated, the status of A proposed rule to list Downingia Recreation and Park District, and State Downingia concolor var. brevior and concolor var. brevior as endangered and Parks) and about 70 percent (as above Limnanthes gracilis var. parishii will be Limnanthes gracilis ssp. parishii as and including U.S. Forest Service lands) reassessed by the Service. If the Service threatened was published in the Federal of the Limnanthes gracilis ssp. parishii determines at any time, that additional Register on August 4, 1994 (59 FR populations. Federal protection is warranted, the 39879). The Service extended the public Under the terms of the Conservation Service will take appropriate listing comment period to October 31, 1994 Agreement, the Helix Water District and action under the Act. and held a public hearing on October Lake Cuyamaca Recreation District have The Service believes that the 19, 1994, in Rancho Bernardo, agreed to monitor and manage Conservation Agreement ensures the California (59 FR 49045). On April 10, inundation of Downingia and implementation of conservation 1995, Congress enacted a moratorium Limnanthes habitat, control recreational measures that reduce the threats to prohibiting work on listing actions access, and exclude livestock grazing of Downingia concolor var. brevior and (Public Law 104–6) and eliminated this habitat by maintaining fences. Helix Limnanthes gracilis ssp. parishii to the funding for the Service to conduct final Water District also will not transfer point that listing is not warranted. The listing actions. The moratorium was water from Lake Cuyamaca into the Service therefore withdraws the lifted on April 26, 1996, by means of a habitat for these species without prior proposal to list Downingia concolor var. Presidential waiver, at which time consultation with CDFG and the brevior as endangered, and Limnanthes limited funding for listing actions was Service. gracilis ssp. parishii as threatened. made available through the Omnibus Helix Water District and the Lake Budget Reconciliation Act of 1996 Cuyamaca Recreation District have Public Comments on the Proposed Rule (Public Law 104–134, 100 Stat. 1321, identified sensitive areas for Downingia In the August 4, 1994, proposed rule 1996). The Service published guidance concolor var. brevior and Limnanthes (59 FR 39879), the Federal Register Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Proposed Rules 5563 notification of a public hearing (59 FR threats to the species as moot, outdated, concolor var. brevior. Nearly the entire 49045), and during two comment or otherwise irrelevant to this Cuyamaca Valley was originally a periods (August 4 to September 19, withdrawal notice. The Service montane meadow-vernal pool complex, 1994, and September 26 to October 31, carefully considered all comments except the western end, which 1994), all interested parties were submitted relevant to this decision to supported a small marsh (Bauder 1992, requested to submit factual reports or withdraw the proposed listing. Ball 1994). Dredging during dam information to be considered in making Comments submitted are available for construction in 1886–1887 altered the a final listing determination. review at the Carlsbad Field Office (see natural topography of the valley, the Appropriate Federal and State agencies, ADDRESSES section). western marsh, and the valley’s vernal local governments, scientific pools. Mima mounds were likely Summary of Factors Affecting the organizations, and other interested excavated since ‘‘much of the earth used Species parties were contacted and asked to for the dam was taken from the meadow comment. Legal notices of the The Service must consider five factors north of the dam and from the valley availability of the proposed rule were described in section 4(a)(1) of the Act floor’’ (Allen and Curto 1987). Later, 160 published in the Riverside Press when determining whether to list a ha (400 ac) of the valley outside the Enterprise and San Diego Union species. These factors, and their reservoir was leased from Helix Water Tribune on August 13, 1994. A legal application to the Service’s decision to District and planted in grain. notice of the public hearing which withdraw the proposal to list Downingia Further loss of wet meadow habitat invited general public comment was concolor E. Greene var. brevior can result from excessive water published in the Union Tribune on McVaugh (Cuyamaca Lake downingia) inundation at Lake Cuyamaca reservoir September 29, 1994. and Limnanthes gracilis Howell ssp. and within Cuyamaca Valley above the The Service received 23 written and parishii (Jepson) Beauchamp (Parish’s dike. Studies of Limnanthes gracilis ssp. oral comments. Of the 23 comments, 10 meadowfoam), are as follows: parishii and Downingia concolor var. supported the proposed action, 9 A. The present or threatened brevior, conducted between 1988 and opposed it, and 4 stated neither support destruction, modification, or 1992, have demonstrated that these nor opposition. The Service held a curtailment of its habitat or range. species cannot tolerate long periods of public hearing on October 19, 1994, at Impacts that result in the loss, out-of-season inundation and are the Radisson Hotel in Rancho Bernardo, degradation, and fragmentation of currently absent entirely from areas California. The hearing was conducted vernally moist wet meadows have with long duration impoundment (E. to allow comments on two additional contributed to the decline of Bauder, in litt., October 1994). The proposed rules, which addressed the Limnanthes gracilis ssp. parishii and reservoir provides domestic water, flood San Diego fairy shrimp (Branchinecta Downingia concolor var. brevior. The control, and recreational activities such sandiegonensis), the Laguna Mountain habitat for both plants also has been as fishing and duck hunting. These uses skipper (Pyrgus ruralis lagunae) and the threatened by alterations of hydrology, are administered through agreements quino checkerspot (Euphydryas editha recreational developments, off-road between the Helix Water District, the quino). A total of 24 individuals vehicle (ORV) use, trampling, and the City of San Diego’s El Capitan Reservoir, provided oral testimony. Fifteen of introduction of exotic plants. and Lake Cuyamaca Recreation and Park those individuals provided testimony The Conservation Agreement District (Bauder 1992). Approximately regarding the proposed rule to list addresses factors described above that 81 ha (150 ac) of potential meadow Downingia concolor var. brevior and result in threatened destruction, habitat are permanently inundated. The Limnanthes gracilis ssp. parishii modification, and reduction of habitat system of dikes built in 1967 allows an Written and oral comments are loss (see discussion under previous additional 273 ha (675 ac) to be incorporated into this withdrawal where section titled ‘‘Development of a inundated for extended periods of time appropriate. Two commenters Conservation Agreement’’). The Service during periods of high precipitation, a recommended that a cooperative effort considers the required actions by the condition that has occurred as recently be made by all affected agencies to Helix Water District, Lake Cuyamaca as 1993 (Hugh Marx, Lake Cuyamaca protect the species. About half the Recreation and Park District, State Recreation and Park District Manager, comments were directly related to the Parks, and the Forest Service under the pers. comm., 1993). Limnanthes gracilis status of these plants in the Cuyamaca Memorandum of Understanding within ssp. parishii is less able to recover from Valley. Many of the comments the Conservation Agreement to be excessive inundation than Downingia supporting or neutral to the listing adequate for conservation and recovery concolor var. brevior, as shown by the provided substantive factual of the two plants. Actions required lack of re-establishment in areas of information that documented risks to under the Conservation Agreement previous inundation (Bauder 1992). these taxa, or provided additional terminate or minimize the impacts to Under terms of the Conservation background data. Substantive comments habitat from inundation, recreational Agreement, the Helix Water District will opposing the listing generally discussed activities, off-road vehicle access, and closely monitor the status of inundation the adequacy of existing regulatory the indirect effects of these activities on in the eastern basin within the mechanisms then in place to protect Downingia concolor var. brevior and Cuyamaca Valley above the dike. This these plants, or the proposed Limnanthes gracilis ssp. parishii. area functions as habitat to the largest Multispecies Conservation Plan (MSCP) populations of Downingia concolor var. of coastal San Diego County. Both Hydrological Alteration brevior and Limnanthes gracilis ssp. species are outside the MSCP planning Historically, montane wet meadow parishii and is inundated to varying area. Because of the development and and vernal pool habitats were much degrees dependent on rainfall and signing of the Conservation Agreement, more abundant in the Peninsular Ranges pumping activities by Helix Water which covers a majority of the known of San Diego County (Winter 1991). The District. While under normal operating populations of both plants, a wet meadows surrounding Lake conditions, Helix Water District commitment to the conservation of Cuyamaca reservoir support the most generally has removed most of the water these plants has been assured, rendering significant populations of Limnanthes from the east basin by May 15. However, most of the comments addressing gracilis ssp. parishii and Downingia in wet years, the basin can remain 5564 Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Proposed Rules flooded for longer periods. Additionally CDFG and the Service. Any activities Forest Service and the Al-Bahr Shrine out-of-season flooding of the east basin that take place beyond normal Camp (a manager of a private inholding) has occurred. Extended inundation operations that result in water diversion will jointly maintain fencing to exclude retards seed germination (Bauder 1992). related erosion would first require vehicle traffic from sensitive species Under section III.B.2.b of the MOU, consultation with CDFG and the Service habitat (MOU section III.B.6.e). Within Helix Water District has committed to per section IV.B of the MOU. Water the National Forest, as per existing remove water from the east basin by diversion will continue to occur Habitat Management Guidelines (Forest May 15 of each year. On April 1, Helix unmonitored in areas that are not Service 1991), hikers and riders are Water District will advise CDFG and the covered by the Conservation Agreement. restricted to existing trails. State Parks Service on the status of water transfer Impacts in these areas, however, will is examining activities at Los Caballos from the east basin. Operations that not significantly affect the overall status Horse Camp to determine how impacts result in flooding of the east basin out- of these plant taxa because these areas to these species can be reduced or of-season are considered activities that comprise only a small proportion of the eliminated (MOU section III.B.2.e.(10)). occur beyond normal operations. Under total populations. While some recreational impacts and section IV.B of the MOU, CDFG and the Applications of herbicidal weed ORV activity will persist in areas not Service must be consulted prior to any treatments at Lake Cuyamaca are normal under jurisdiction of the Conservation non-routine operation that may result in operations of the Lake Cuyamaca Agreement, these areas do not contain extended or out-of-season inundation of Recreation and Park District that could large populations and these impacts will Downingia and Limnanthes habitat. affect these two rare plant taxa. not be significant to the overall status of A variety of indirect impacts are However, as stated in the Conservation the two species. associated with the diversion of water Agreement, application of herbicides is entering the Lake Cuyamaca reservoir being restricted to Cuyamaca Lake in the Development basin. Diversion can result in the west basin. Any application of Direct loss of both species’ habitat has alteration of small drainages by down herbicides in the east basin would be taken place as result of recreational cutting and streambank erosion, which considered beyond normal operations development, trail construction, and contributes to the loss of potentially and thus the Lake Cuyamaca Park and reservoir development. However, suitable habitat upstream of Lake Recreation district would consult CDFG significant additional development Cuyamaca. Fluctuating lake levels also and the Service prior to taking such within the habitat of these two species can increase channel erosion by action per section IV.B of the MOU. is not anticipated. Within areas covered Implementation of the above actions changing the gradient and velocity of by the Conservation Agreement, Helix reduces the indirect effects of habitat surrounding drainages. Erosion can Water District and the Cuyamaca Lake modification that can result in alien further be intensified by a decrease in Recreation and Park District have agreed plant species competition, or groundwater levels caused by numerous that no activities detrimental to these replacement by more tolerant and wells in the area. However, significant species will occur within designated erosion resulting from fluctuating lake versatile native species that may sensitive areas. Future development is levels is not apparent at this time (Ball displace rare plant species. not identified as ‘‘normal operations’’ 1994). Roads without adequate culverts Recreation on Helix Water District, State Park, or also divert water flow. Road Forest Service lands. Development maintenance and herbicidal weed Direct loss of both species’ habitat activities would be beyond normal abatement often precludes the re- from recreational activities has been operations and these agencies would establishment of seeds in areas of substantial. In many cases, loss of consult with CDFG and the Service suitable habitat (Bauder 1992). In habitat for both species has benefited prior to taking actions that would harm addition, the alteration of hydrology in from the construction of recreational these species. While these conditions Cuyamaca Valley promotes the invasion facilities. Traffic from ORVs, horses, and of alien species (e.g., Polygonum sp. hikers in the Laguna Mountains would not apply on private lands (knotweed) and Potentilla norvegica meadows indirectly impact Limnanthes managed by owners that are not (rough cinquefoil), or favors gracilis ssp. parishii by altering the signatories to the Conservation replacement by more disturbance composition of the plant community Agreement, the majority of the tolerant native species (e.g., Polygonum over time. Such damage frequently Limnanthes gracilis ssp. parishii amphibium (water smartweed), Juncus occurs in spring when the soils are populations are on inholdings within xiphoides (iris-leaved rush), and saturated and subject to compaction the National Forest and are not likely to Ranunculus aquatilus (buttercup)) (E. (Winter 1991). Loss and modification of be subject to significant development. Bauder, in litt., October 1994, L. Limnanthes gracilis ssp. parishii habitat Development could take place on Henrickson, in litt., October 1994). has been documented as a result of private lands outside Helix Water These indirect effects can have trampling, erosion, and alteration of District lands that support Downingia significant, long-term impacts on the hydrology at most of the locations concolor var. brevior. These lands are meadow habitats and associated occupied by this species (Bauder 1992). adjacent to a major highway and are not sensitive plant species. Under terms of the Conservation National Forest inholdings. However, Erosion damage resulting from water Agreement, traffic from ORVs and other these populations represent less than 20 diversion and road maintenance must recreational activities must be percent of the total known populations be minimized under terms of the minimized or eliminated. Helix Water of this species. Development in these Conservation Agreement. According to District and the Lake Cuyamaca areas may also be restricted under section III.B.2.c.(4), the Forest Service, Recreation and Park District are regulations pertaining to water quality Helix Water District, Lake Cuyamaca required to monitor and repair fencing within the Cuyamaca Valley watershed. Recreation and Park District, and State in a timely manner to prevent human B. Overutilization for commercial, Parks must cooperate in minimizing trespassing within sensitive species recreational, scientific, or educational siltation and erosion on their lands to habitat (MOU section III.B.2.b). No purposes. Overutilization is not known the extent practicable. Any such recreational activities are allowed to be a threat to the two plant taxa under operations must be coordinated with within designated sensitive areas. The consideration in this withdrawal. Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Proposed Rules 5565

C. Disease or predation. Disease is not 1603 of the California Fish and Game State Park. While these agencies have known to be a factor affecting the taxa Code, (4) occurrence with other species not consistently complied with CEQA considered in this rule. Grazing by cattle protected by the Act; (5) land requirements for projects that have was identified as a threat in the acquisition and management by Federal, affected Downingia and Limnanthes, proposed rule. Consumption of State, or local agencies, or by private under terms of the Conservation individual plants by grazing animals has groups and organizations, and (6) local Agreement these agencies have agreed been known to impact the reproduction laws and regulations. The Service to use the State clearinghouse for full of these annual plants and has had other believes that actions prescribed and agency circulation and public review of effects, such as trampling, erosion (see implemented in the Conservation all new projects requiring CEQA Factor A) and the introduction of non- Agreement are sufficient to assure that compliance that affect the sensitive native species (see Factor E). The extent adequate regulatory mechanisms protect habitats surrounding Lake Cuyamaca of grazing impacts has been declining these two plant taxa. (MOU section III.B.2.c.(7)). Although over time. Grazing was discontinued on The California Fish and Game protection of the species remains at the Helix Water District-owned lands at Commission has listed Downingia discretion of the lead agency, this Lake Cuyamaca in 1988 when water concolor var. brevior and Limnanthes agency is a signatory to the quality issues were raised and gracilis var. parishii as endangered Conservation Agreement and is thereby Downingia concolor var. brevior was under the Native Plant Protection Act obligated to protect the species. In believed to be extinct as a result of (NPPA) (Div. 2, chapter 10, section 1900 addition, the use of the State grazing (David Hogan, San Diego et seq. of the CDFG Code) and the CESA. clearinghouse will facilitate agency and Biodiversity Project, in litt., 1990; Larry Projects that have impacted these public review, and comment on any Hendrickson, Friends of Cuyamaca species have occurred, however, proposed actions which might impact Valley, in litt., 1994). The plant re- without coordination with the State, or the species. established itself in the following season without the State’s knowledge. While While CEQA pertains to projects on (Bauder 1992). Livestock grazing was some decline is anticipated to continue, non-Federal land, the National terminated in Rancho Cuyamaca State the majority of populations of both Environmental Policy Act (NEPA) (42 Park in 1956, with the exception of a 16 species receive the benefits of the U.S.C. 4321 to 4347) requires disclosure ha (40 ac) inholding that was grazed Conservation Agreement, which already of the environmental effects of projects until 1980 when it was acquired by the has resulted in increased coordination within Federal jurisdiction. Species that State Park. Following the adaption of a with the State and recognition by land are listed by the State, but not proposed 1991 Habitat Management Guide for managers. or listed as threatened or endangered by montane meadows and riparian areas, The CEQA (Public Resources Code, the Federal government, are not section 21000 et seq.) requires full the Forest Service implemented a late protected when a proposed Federal disclosure of the potential season grazing regime (after action meets the criterion for a environmental impacts of proposed meadowfoam plants have set seed); ‘‘categorical exclusion.’’ NEPA requires projects. The public agency with the during the 4 subsequent years of that each of the project alternatives primary authority or jurisdiction over monitoring no significant effects of recommend ways to ‘‘protect, restore the project is designated as the lead grazing on Limnanthes. gracilis ssp. and enhance the environment’’ and agency and is responsible for parishii have been detected (Forest ‘‘avoid and minimize any possible conducting a review of the project and adverse effects’’ when implementation Service, in litt., September 1994). The for consulting with the other agencies poses significant adverse impacts. Conservation Agreement specifically concerned with the resources affected However, it does not require that the addresses grazing impacts and assures by the project. Section 15065 of the lead agency select an alternative with that grazing practices will not take place CEQA Guidelines requires a finding of the least significant impacts to the on Helix Water District lands or significance if a project has the potential environment (40 CFR 1500 et seq.). California Parks and Recreation Lands. to ‘‘reduce the number or restrict the Federal actions that may affect Federal On Forest Service lands, the range of a rare or endangered plant or threatened or endangered species management plan limits the number of animal.’’ However, even if significant require consultation with the Fish and animals grazing and controls the timing effects are identified, the lead agency Wildlife Service under section 7 of the and duration of grazing so as to has the option to require mitigation Endangered Species Act and must avoid minimize impacts on Limnanthes through changes to the project or to jeopardizing the continued existence of gracilis ssp. parishii. The management decide that ‘‘overriding social and a listed plant species. plan also requires monitoring of the economic considerations’’ make The Cuyamaca Recreation and Park population status of the plant. mitigation not feasible (California Public District also is subject to NEPA for D. The inadequacy of existing Resources Code, Guidelines, section recreational improvements that are regulatory mechanisms. The Service 15093). In the latter case, projects may funded through the Federal Land and evaluated existing Federal, State, and be approved that cause significant Water Grant, a program that is local regulatory mechanisms prior to environmental damage, such as administered by the National Park preparing the proposed rule for listing destruction of an endangered plant Service through the California the two plant taxa. The Service found species. Protection of listed plant Department of Parks and Recreation. evidence of inadequacy of the existing species under CEQA is therefore Such projects would require NEPA regulatory mechanisms at that time. dependent upon the discretion of the review. These regulatory mechanisms included: lead agency. Land-use planning decisions at the (1) Listing under the California Cuyamaca Recreation and Park local level are made on the basis of Endangered Species Act (CESA); (2) the District is the lead agency that is environmental review documents California Environmental Quality Act empowered to uphold and enforce prepared in accordance with CEQA or (CEQA) and National Environmental CEQA regulations at Cuyamaca Lake. NEPA that often do not adequately Policy Act (NEPA); (3) conservation State Parks is the lead agency that is address ‘‘cumulative’’ impacts to non- provisions under the section 404 of the empowered to uphold and enforce listed species and their habitat. State Federal Clean Water Act and Section CEQA regulations at Rancho Cuyamaca listed species receive no special 5566 Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Proposed Rules consideration under NEPA. However, with the full extent of both the Clean does not prevent entry by hikers or under the terms of the Conservation Water Act and the Act. Inundation mountain bikers. In some cases, plants Agreement, both plant taxa receive status is being monitored and signatory that remain unprotected within special consideration that offers agencies must consult with CDFG and campgrounds are severely trampled by additional protective benefits that are the Service on actions that are beyond campers. However, these impacts are not normally applied to non-listed normal operations which could alter restricted to a small number of plants species. For example, as specified in drainages. Signatory agencies must also and, when considered with protections section IV of the MOU, for actions on coordinate with the Service and CDFG for other populations, will not place the lands managed by the signatory agencies on the use of herbicide application in plant at risk of extinction. that are beyond the normal operations sensitive wetlands, which is not State Parks has eliminated grazing as defined under section I of the MOU, regulated under section 404. Helix from meadows containing Limnanthes agencies must consult with CDFG and Water District and Lake Cuyamaca gracilis ssp. parishii at Rancho the Service. This provides the Recreation and Park District have also Cuyamaca State Park. Other impacts to opportunity for CDFG and the Service to agreed to avoid all activities within the species and their habitat continue to recommend modifications or alternative sensitive areas that could alter occur in this area, including trampling actions to avoid or minimize potential hydrology. by horses, unauthorized trails, vehicle impacts to the species for actions Additional alterations requiring a parking, ORV use, diversion of water beyond normal operations. It also 1603 permit or a 404 permit could occur flow, erosion, channelization, and water provides an early warning for any on many drainages that support impoundment. Such impacts have been inadequacies in the MOU which need to Limnanthes gracilis ssp. parishii and addressed in the Conservation be addressed in future conservation Downingia concolor var. brevior. Most Agreement which is currently being agreements. of these are under management of the implemented. The Service concludes The Service has considered the signatories of the Conservation that, as a result of the implementation adequacy of NEPA and CEQA in regards Agreement. However the Service has of this agreement, the risks to both plant to protecting these species. While determined that any impacts from such species have diminished to the point inadequacies will continue to exist, the additional alterations would occur to that these impacts no longer contribute Service has determined that the only a small proportion of the significantly to the decline of these implementation of the Conservation populations of the species and therefore species. For example, under section Agreement significantly reduces the risk would not significantly put at risk the III.B.2.c.(4) of the MOU, State Parks of extinction for both plant species. survival of either species. must cooperate with CDFG and the While the Conservation Agreement does No federally listed species inhabit Service in minimizing siltation and not apply to all populations, those vernally wet meadows in the Peninsular erosion on their land to the extent populations that are not covered Ranges of southern California. Therefore practicable. Under section III.B.2.c.(10) represent less than 30 percent of either these two species receive no Federal of the MOU, State Parks must review species and many of these populations regulatory protection from sympatry activities at Los Caballos Horse Camp to are on private inholdings within the with listed species. Limnanthes gracilis determine how impacts to these plants National Forest where major projects are ssp. parishii is recognized as a can be reduced or eliminated. not likely to occur. ‘‘sensitive species’’ (Winter 1991). The The Santa Rosa Plateau Preserve is Section 1603 of the California Fish Cleveland National Forest has policies managed by The Nature Conservancy for and Game Code authorizes the CDFG to to protect sensitive plant taxa under its long-term protection of sensitive regulate streambed alteration. The CDFG jurisdiction. The policies include species. A single, small population of must be notified and approve any work attempting to establish such species in Limnanthes gracilis ssp. parishii is that diverts, alters, or obstructs the unoccupied but suitable or historic located within the preserve. natural flow or changes the bed, habitat, encouraging land ownership While the existing regulatory channel, or banks of any river, stream, adjustments to acquire and protect mechanisms alone may not be entirely or lake. The CDFG does not consider the sensitive plant habitat, conserving adequate for protection of these species, creation of wetlands for duck habitat to meadow water tables, and protecting the Service has determined that the be regulated under section 1603. Thus a meadow habitats (Winter 1991). Alone, combination of these regulations and streambed alteration permit was not these policies have not been entirely the actions being implemented in the required for flooding the streambed effective but, combined with the Conservation Agreement signed in 1996 above Cuyamaca Lake reservoir for that benefits afforded by the Conservation is adequate to eliminate the risk of purpose. Because the dam has been Agreement, the Service considers the extinction for these species. used continuously since its construction policies adequate for species protection E. Other natural or manmade factors in 1886, and the dike has been in place on Forest Service lands. Actions taken affecting its continued existence. The since 1967, justification for their use has by the Forest Service include placing genetic variability of populations of been grand fathered into law. interpretive signs and fences at the Al Downingia concolor var. brevior may be Similar activities are regulated by the Shrine Camp, Prado Campgrounds, and depressed by virtue of its restricted Army Corps of Engineers under section Morris Ranch Meadow to reduce distribution. The likelihood of finding a 404 of the Clean Water Act. Under trampling impacts. In addition, an normal distribution of genetic section 404 there are no specific alternative location for a proposed variability is reduced in small provisions that adequately address campground at Filaree Flat is being populations (Jensen 1987). Reduced species that are not listed under the Act. considered to avoid impacts to genetic variability may lower the ability While neither Downingia concolor var. Limnanthes gracilis ssp. parishii. A late of these populations to survive. The brevior or Limnanthes gracilis ssp. season grazing regime has been enacted potential for local extirpation due to parishii are listed under the Act, the at several of these Meadows (Winter genetic complications in small protections under the Conservation 1991; D. Volgrano, Forest Service, pers. population size can be increased by Agreement adequately offset these comm., 1993). The Service environmental conditions such as inadequacies. Section III.B.2.c.(8) of the acknowledges that fencing sensitive drought and flooding (Gilpin and MOU requires signatories to comply habitat areas minimizes impacts but Soule´’’ 1986). In the case of Downingia Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Proposed Rules 5567 concolor var. brevior, the species is Although actions required by the Cuyamaca Mountains of central San restricted to a single valley. However, Conservation Agreement that reduce Diego County, California. This locality there is no evidence that genetic impacts from grazing, trampling, and also supports the largest concentration problems exist in the species. minimizes alteration will not eliminate of Limnanthes gracilis ssp. parishii, Due to their accessibility, populations all threats from aggressive plant species which is more widely distributed. of these two taxa are particularly competition, it will make conditions The proposed rule identified vulnerable to trampling. As discussed less favorable to these aggressive alteration of wetland hydrology, cattle under factor A above, trampling from species. grazing, recreational activities, cattle occurs in meadows occupied by Grazing by livestock typically changes recreational development, inadequate Limnanthes gracilis ssp. parishii and the composition of native plant regulatory mechanisms, and off-road Downingia concolor var. brevior in the communities by reducing or eliminating vehicle activities as the primary threats National Forest and private land species that cannot withstand trampling to these two plant taxa. A Conservation holdings. As discussed under factor D in and predation (see Factors A and C), Agreement initiated by Helix Water the proposed rule (59 FR 39882–39884), and enabling more resistant (usually District in 1994 and finalized in August several measures were initiated during exotic) species to increase in 1996, which includes the Helix Water the past decade to protect the vernally abundance. Seed from non-sterile hay District, Lake Cuyamaca Recreation and wet meadow ecosystem and associated and animal feces increases the Park District, State Parks, the Forest sensitive plant species at Cuyamaca likelihood of invasion of exotic species Service, CDFG, and the Service as State Park and the Cleveland National and prevents re-establishment of native signatories, addresses these primary Forest. The Conservation Agreement plants. Exotic species may flourish with threats and significantly reduces the reenforces these measures and the grazing and may reduce or eliminate likelihood of extinction or Service believes that the threat from native plant species through endangerment for both species such that trampling by hikers and horses has been competition for resources. Grazing is the species are not endangered or significantly reduced. Trampling is considered to be a threat to all threatened, as those terms are defined in specifically addressed under section populations of Limnanthes gracilis ssp. the Act. III.B. of the MOU, as described under parishii within the Cleveland National After a thorough review and Sensitive Habitat Areas (Appendix A), Forest, primarily as a result of trampling consideration of all information which excludes activities that might and the invasion of non-native species available, including the development result in trampling from specified areas; into sensitive plant habitats (Winter and implementation of the Conservation section III.B.2.b. of the MOU obligates 1991). Agreement, the Service has determined Helix Water District through monitoring In response to these threats, however, that listing of Downingia concolor var. and fence repair to prevent human the Conservation Agreement (see brevior as endangered, and Limnanthes trespassing and grazing on its lands; and ‘‘Development of a Conservation gracilis ssp. parishii as threatened is no section III.B.2.c. of the MOU, which Agreement’’) mandates that grazing be longer warranted. The Service has excludes cattle from sensitive habitat in strictly excluded from Helix Water carefully assessed the best scientific and the growing season, establishes cattle District and State Parks land. In commercial information available in the exclosures, fencing in the vicinity of addition, grazing is managed and development of this withdrawal notice. camp sites, and requires monitoring of monitored on Forest Service lands to sensitive areas. minimize impacts to the two plant taxa. References Cited Introduced species of grasses and The Service believes that these A list of all references cited herein is forbs have invaded many of Californian conditions of the Conservation available upon request from the U.S. plant communities. Such weedy species Agreement have significantly reduced Fish and Wildlife Service Carlsbad Field can displace the native flora by out- the threats from grazing and will permit Office (see ADDRESSES section). competing them for nutrients, water, the development of management light, and space. Weedy plant invasions techniques deemed necessary for the Author are facilitated by disturbances such as conservation of the species. The primary author of this grazing, urban and residential withdrawal notice is Fred Roberts, developments, and various recreational Finding and Withdrawal Carlsbad Field Office (see ADDRESSES activities. Introduced weeds have Downingia concolor var. brevior and section). become established in many portions of Limnanthes gracilis ssp. parishii are the Laguna Mountains and thereby restricted to the Peninsular Ranges of Authority reduce the amount of suitable habitat for southwestern California from the Santa The authority for this action is section native plant species (Sproul 1979). For Ana Mountains of extreme southwestern 4(b)(6)(B)(ii) of the Endangered Species example, the invasion of exotic species Riverside County, south to the Laguna Act of 1973, as amended (16 U.S.C. 1531 including Polygonum sp. (knotweed), Mountains of southern San Diego et seq.). Lolium perenne (ryegrass), and Poa County, California. They occur in grassy pratensis (Kentucky bluegrass), and meadows or drainages that are vernally Dated: January 30, 1997. Potentilla norvegica (rough cinquefoil) wet (wet during the rainy season) with John G. Rogers, has altered the composition of habitats saturated soil conditions and shallow Acting Director, U.S. Fish and Wildlife supporting the two plant taxa (Sproul pools for several weeks at a time. Service. 1979; E. Bauder, in litt., October 1994, Downingia concolor var. brevior is [FR Doc. 97–2876 Filed 2–3–97; 8:45 am] L. Henrickson, in litt., October 1994). restricted to the Cuyamaca Valley in the BILLING CODE 4310±55±P