49006 Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations withdrawal of the direct final rule and D. Unfunded Mandates shall not postpone the effectiveness of inform the public that the rule will not Under Section 202 of the Unfunded such rule or action. This action may not take effect. All public comments Mandates Reform Act of 1995 be challenged later in proceedings to received will then be addressed in a (‘‘Unfunded Mandates Act’’), signed enforce its requirements. (See section subsequent final rule based on the into law on March 22, 1995, EPA must 307(b)(2).) proposed rule. The EPA will not prepare a budgetary impact statement to List of Subjects in 40 CFR Part 52 institute a second comment period. accompany any proposed or final rule Environmental protection, Air Only parties interested in commenting that includes a Federal mandate that should do so at this time. If no such pollution control, Hydrocarbons, may result in estimated costs to State, Incorporation by reference, comments are received, the public is local, or tribal governments in the advised that this rule will be effective Intergovernmental relations, Nitrogen aggregate; or to private sector, of $100 dioxide, Ozone. on November 13, 1998, and no further million or more. Under Section 205, action will be taken on the proposed EPA must select the most cost-effective Dated: August 24, 1998. rule. and least burdensome alternative that A. Stan Meiburg, III. Administrative Requirements achieves the objectives of the rule and Acting Regional Administrator, Region 4. is consistent with statutory Chapter I, title 40, Code of Federal A. Executive Order 12866 requirements. Section 203 requires EPA Regulations, is amended as follows: to establish a plan for informing and The Office of Management and Budget PART 52Ð[AMENDED] (OMB) has exempted this regulatory advising any small governments that action from review under Executive may be significantly or uniquely 1. The authority citation for part 52 Order 12866, entitled Regulatory impacted by the rule. continues to read as follows: Planning and Review. EPA has determined that the approval action promulgated does not include a Authority: 42 U.S.C. 7401 et seq. B. Executive Order 13045 Federal mandate that may result in Subpart BÐAlabama estimated costs of $100 million or more This final rule is not subject to to either State, local, or tribal 2. Section 52.50 is amended by Executive Order 13045, entitled governments in the aggregate, or to the adding paragraph (c)(72) read as Protection of Children from private sector. This Federal action follows: Environmental Health Risks and Safety approves pre-existing requirements § 52.50 Identification of plan. Risks, because it is not an under State or local law, and imposes ‘‘economically significant’’ action under no new requirements. Accordingly, no * * * * * Executive Order 12866. (c) * * * additional costs to State, local, or tribal (72) The State of Alabama submitted C. Regulatory Flexibility governments, or to the private sector, revisions to the ADEM Administrative result from this action. The Regulatory Flexibility Act (RFA) Code for the Air Pollution Control generally requires an agency to conduct E. Submission to Congress and the Program on March 5, 1998. These a regulatory flexibility analysis of any Comptroller General revisions involve changes to Chapters 335–3–1, 335–3–12, 335–3–14 and rule subject to notice and comment The Congressional Review Act, 5 rulemaking requirements unless the Appendix F. U.S.C. 801 et seq., as added by the Small (i) Incorporation by reference. Rules agency certifies that the rule will not Business Regulatory Enforcement 335–3–1–.02(gggg), 335–3–12–.02(1)(b), have a significant economic impact on Fairness Act of 1996, generally provides 335–3–14–.01(7)(c), 335–3–14– a substantial number of small entities. that before a rule may take effect, the .05(2)(c)2, 335–3–14–.05(3)(c), and Small entities include small businesses, agency promulgating the rule must Appendix F were adopted on February small not-for-profit enterprises, and submit a rule report, which includes a 17, 1998. small governmental jurisdictions. This copy of the rule, to each House of the (ii) Other material. None. final rule will not have a significant Congress and to the Comptroller General impact on a substantial number of small of the United States. EPA will submit a [FR Doc. 98–24605 Filed 9–11–98; 8:45 am] entities because SIP approvals under report containing this rule and other BILLING CODE 6560±50±P section 110 and subchapter I, part D of required information to the U.S. Senate, the CAA do not create any new the U.S. House of Representatives, and requirements but simply approve the Comptroller General of the United DEPARTMENT OF THE INTERIOR requirements that the State is already States prior to publication of the rule in imposing. Therefore, because the the Federal Register. This rule is not a Fish and Wildlife Service Federal SIP approval does not create ‘‘major rule’’ as defined by 5 U.S.C. 50 CFR Part 17 any new requirements, I certify that this 804(2). action will not have a significant RIN 1018±AD34 economic impact on a substantial F. Petitions for Judicial Review number of small entities. Moreover, due Under section 307(b)(1) of the CAA, Endangered and Threatened Wildlife to the nature of the Federal-State petitions for judicial review of this and Plants; Final Rule To Determine relationship under the CAA, preparation action must be filed in the United States Endangered or Threatened Status for of flexibility analysis would constitute Court of Appeals for the appropriate Six Plants From the Mountains of Federal inquiry into the economic circuit by November 13, 1998. Filing a Southern California reasonableness of state action. The CAA petition for reconsideration by the AGENCY: Fish and Wildlife Service, forbids EPA to base its actions Administrator of this final rule does not Interior. concerning SIPs on such grounds. affect the finality of this rule for the ACTION: Final rule. Union Electric Co., v. U.S. EPA, 427 purposes of judicial review, nor does it U.S. 246, 255–66 (1976); 42 U.S.C. extend the time within which a petition SUMMARY: The Fish and Wildlife Service 7410(a)(2). for judicial review may be filed, and (Service) determines endangered status Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations 49007 pursuant to the Endangered Species Act 1,800 and 2,300 meters (m) (6,000 and Discussion of the Six Plant Taxa of 1973, as amended (Act), for two 7,500 feet (ft)). Pebble plains are Arenaria ursina plants, Poa atropurpurea (San remnants of a Pleistocene lake bed, Bernardino bluegrass) and Taraxacum which are level to sloping plains with Arenaria ursina, a member of the pink californicum (California taraxacum), clay soils covered with quartzite pebbles family (Caryophyllaceae), was described and determines threatened status for (Derby 1979, Krantz 1983). Frost by Benjamin L. Robinson (1894) on the basis of a collection made in 1882 by four plants, Arenaria ursina (Bear heaving and alternating wet and dry Samuel B. Parish at Bear Valley in the Valley sandwort), Castilleja cinerea cycles force associated saragosa (ash-gray Indian paintbrush), Eriogonum San Bernardino Mountains, California. quartzite pebbles to the soil surface to This taxon was reduced to a variety of kennedyi var. austromontanum create the characteristic appearance of (southern mountain wild buckwheat), A. capillaris by Robinson (1897) but the pebble plains (Neel and Barrows and Trichostema austromontanum ssp. Maguire (1951) and subsequent authors 1990). These soils have an extremely compactum (Hidden Lake bluecurls). (Munz and Keck 1959, Munz 1974, These six plant taxa are found in the slow infiltration rate and, thus, have a Hartman 1993) treat it as a species. San Bernardino, San Jacinto, Laguna, high runoff potential (Neel and Barrows Arenaria ursina is a low, tufted, and Palomar mountains of southern 1990). Pebble plains are the result of a perennial herb with stems from 6 to 15 California. They are imperiled by one or combination of soil and climatic factors centimeters (cm) (2 to 6 inches (in)) more of the following factors— that support a unique assemblage of long. The leaves are opposite, 4 to12 destruction and degradation of habitat plant species, some of which are millimeters (mm) (0.16 to 0.5 in) long. by urbanization, off-road vehicle (ORV) endemic while others represent disjunct The white, five-parted flowers are use, trampling, recreational occurrences of species more common arranged in open cymes (clusters) 4 to development, domestic animal grazing, elsewhere. Neel and Barrows (1990) 15 cm (1.5 to 6 in) high. The petals are livestock grazing, alteration of the noted that pebble plains often are 4 to 5 mm (0.16 to 0.2 in) long, the hydrological regimes, competition from associated with meadow habitats in the sepals are up to 4 mm (0.16 in) long in introduced plants, over collection, and Big Bear Lake area. Natural meadows fruit. This species flowers from May to hybridization (genetic absorption) by and pebble plains provide habitat for August. Arenaria ursina is alien species. This rule implements the several sensitive taxa (Krantz 1981b). distinguished from other members of Federal protection and recovery the genus within its range by its The pebble plain taxa included in this glabrous (hairless), filiform (thread-like), provisions afforded by the Act for these final rule are predominantly restricted six plants. A notice of withdrawal of the nerveless leaves less than 2 mm (0.08 to pebble plain habitat. Each of these proposal to list Arabis johnstonii in) wide and its rounded, 3 to 4 mm taxa has a mosaic distribution among (Johnston’s rock-cress), which was (0.12 to 0.16 in) long sepals (Hartman proposed for listing along with the six the various pebble plain complexes and 1993). Arenaria ursina is found on pebble plant taxa considered in this rule, is within a given complex. All nine pebble plains and dry slopes in the San being published in the Federal Register plain complexes (except Coxey Bernardino Mountains of southwest San concurrently with this final rule. Meadow) noted by Neel and Barrows, 1990, support two or more of the pebble Bernardino County. The dry slopes EFFECTIVE DATE: This rule is effective mentioned here are areas that fit the October 14, 1998. plain taxa included in this rule. Coxey Meadow is more isolated and not as general description of pebble plains but ADDRESSES: The complete file for this well known as the other pebble plain do not support both characteristic rule is available for inspection, by species Arenaria ursina and Eriogonum appointment, during normal business sites, but supports other elements of the known pebble plain flora (e.g. Arabis kennedyi var. austromontanum (Neel hours at the U.S. Fish and Wildlife and Barrows 1990). Populations of A. parishii and Ivesia argyrocoma). Service, Carlsbad Field Office, 2730 ursina are known from eight pebble Loker Avenue West, Carlsbad, California Damage or curtailment of any pebble plain complexes in the vicinity of Big 92008. plain habitat will threaten the continued Bear and Baldwin lakes (Krantz 1981a, FOR FURTHER INFORMATION CONTACT: Gary existence and recovery of Arenaria Neel and Barrows 1990, California D. Wallace, Ph.D., Botanist, U.S. Fish ursina, Castilleja cinerea, and Natural Diversity Data Base (CNDDB) and Wildlife Service (see ADDRESSES Eriogonum kennedyi var. 1997). Most of the occurrences are on section above or telephone 760/431– austromontanum, as well as other U.S. Forest Service (FS) land at 9440; facsimile 760/431–9624). associated pebble plain flora. Coxey elevations from 1,800 to 2,900 m (6,000 SUPPLEMENTARY INFORMATION: Meadow may represent a historical to 9,500 ft) (Griggs 1979, Krantz 1981a, Neel and Barrows 1990). Some occur on Background occurrence or ecologically marginal pebble plain. land owned by the California Arenaria ursina, Castilleja cinerea, Department of Fish and Game (CDFG), Poa atropurpurea and Taraxacum and Eriogonum kennedyi var. The Nature Conservancy (TNC), or californicum are found in meadow austromontanum are low perennial private landowners. Arenaria ursina is plants that predominantly occur on habitats in the Big Bear Valley in the threatened at six of the eight sites where pebble plain habitat within a 240 square San Bernardino Mountains. The former it occurs. kilometer (sq km) (92 square mile (sq species also is found in seven meadow mi)) area in the San Bernardino areas in San Diego County. There were Castilleja cinerea Mountains of San Bernardino County, 38 hectares (ha) (93 acres (ac)) of P. Castilleja cinerea, a member of the California (Derby and Wilson 1978, atropurpurea meadow habitat in the Big figwort family (Scrophulariaceae), was Derby 1979, Krantz 1981a, Neel and Bear area in 1981 (Krantz 1981b). described by Asa Gray (1884) based on Barrows 1990). Pebble plains are Trichostema austromontanum ssp. a collection made in 1882 by S.B. and characteristically treeless openings compactum is found about the margins W.F. Parish at Bear Valley, San within the surrounding montane of a single vernal pool in the San Jacinto Bernardino Mountains, California. pinyon-juniper woodland or coniferous Mountains at 2,650 m (8,600 ft). Jepson (1925) included this species in forest, located at elevations between the genus Orthocarpus as O. cinereus 49008 Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations

(A. Gray) Jepson, although this var. kennedyi and E. kennedyi var. San Bernardino Mountains, as well as in combination has not been recognized by alpigenum, which also occur in the San meadows in the Laguna Mountains and any other authorities (Chuang and Bernardino Mountains, by its long, Palomar Mountains of San Diego County Heckard 1993). Castilleja cinerea is a loosely wooly-haired inflorescences, at elevations of 1,800 to 2,300 m (6,000 semi-parasitic perennial with several, longer involucres (whorl of bracts) (2.5 to 7,500 ft) (Sproul 1979, Krantz 1981b, ascending to decumbent (trailing), to 4 mm (0.1 to 0.2 in) long), longer (3.5 Winter 1991, Curto 1992). This species grayish stems sprouting from the root- to 4 mm (0.2 in)) fruits, and longer occurs near the drier margins of crown. The stems are 1 to 2 decimeters leaves (6 to 10 mm (0.2 to 0.4 in)) meadows (Krantz 1981b, Winter 1991) (dm) (4 to 8 in) tall. The inflorescence (Reveal 1989, Hickman 1993). described as vernally wet marshlands by (flower stalk) is greenish yellow Eriogonum kennedyi var. Hirshberg (1994). Eleven population (occasionally reddish-orange tinged) austromontanum could also be centers of P. atropurpurea currently are with distinctive yellowish hairs on the confused with E. wrightii ssp. known to exist in the San Bernardino lower bracts. The calyx (united sepals) subscaposum. However, E. wrightii ssp. Mountains and are often found at is nearly equally divided into linear subscaposum has racemose flower meadow sites with Taraxacum lobes, and the corolla is yellowish. It stalks, wider (2 to 4 mm (0.1 to 0.2 in)) californicum (Krantz 1981b). Clones, flowers primarily in June and July. leaves, shorter (2 to 2.5 mm (0.1 in)) consisting of numerous erect culms Castilleja cinerea is distinguished from fruits, and is found in yellow pine forest (stems), are about 1 m (3 ft) in diameter other species of Castilleja within its (Reveal 1989, Neel and Barrows 1990, and may intermingle (Soreng, pers. range by its perennial nature, ashy- Hickman 1993). comm. 1996). Two of the 11 known puberulent (short hairs) stems and Eriogonum kennedyi var. populations in the San Bernardino leaves, yellowish flowers, and calyx austromontanum is known from seven Mountains are about 9 ha (23 ac) in size lobes of equal length (Chuang and pebble plain complexes in the San and are located on FS land (Holcomb Heckard 1993). Bernardino Mountains (Krantz 1981a, Valley and Wildhorse Meadows), one 2 Castilleja cinerea is known from Neel and Barrows 1990, CNDDB 1997). ha (5 ac) site is administered by CDFG fewer than 20 localities at the eastern Reports of this taxon in Ventura County (North Baldwin Lake), one 9-ha (20-ac) end of the San Bernardino Mountains, (Twisselmann 1967, Reveal 1979, and site is cooperatively owned by the FS (Heckard 1980, Neel and Barrows 1990). Hickman 1993) are based on specimens and a private youth camp (Hitchcock Most populations occur on pebble subsequently determined to be E. Ranch), and seven sites, about 20 ha (50 plains, but C. cinerea is also found in kennedyi var. kennedyi (Reveal and ac) total, are privately owned (Krantz pine forest habitats near the Snow Munz 1968, Reveal 1989). Eriogonum 1981b). Eight of the sites are less than Valley Ski Area, along Sugarloaf Ridge, kennedyi var. austromontanum is 2.5 ha (6 ac) in area. Fewer than 40 ha and in the vicinity of Lost Creek. known to occur on FS, CDFG, and (100 ac) of habitat for this species are Castilleja cinerea is known to occur on private lands. All of the sites supporting known to remain in the San Bernardino private lands, CDFG land, and FS land this taxon are threatened. Mountains. including that leased for vacation homes Sproul (1979) reported that there were Poa atropurpurea and a ski area. four known populations of Poa Poa atropurpurea, a member of the atropurpurea in the Laguna Mountains Eriogonum kennedyi var. grass family (Poaceae), was described by of San Diego County, California. Curto austromontanum Frank Lamson-Scribner (1898) based on (1992) reported a 1981 collection of P. Eriogonum kennedyi var. two collections by Samuel B. Parish. atropurpurea from Mendenhall Meadow austromontanum, a member of the One specimen (number 2968) was in the Palomar Mountains of San Diego buckwheat family (Polygonaceae), was collected in 1894 and another (number County. Poa atropurpurea was thought described by Munz and Johnston (1924) 3696) was collected in 1895 at Bear to be extirpated from the Laguna based on a collection made on July 4, Valley, San Bernardino Mountains, Mountains and the Palomar Mountains 1920, by R. D. Harwood near the lake at California. This species has not been (Curto 1992). However, in 1993, two Big Bear Valley in the San Bernardino known by any other name (Keck 1959, populations, each consisting of about 50 Mountains, California. Eriogonum Soreng 1993). Poa atropurpurea is a individuals, were located within the kennedyi var. austromontanum was dioecious (separate male and female Cleveland National Forest in the Laguna treated as a subspecies by Stokes (1936), plants), tufted perennial with creeping Mountains (Winter, pers. comm. 1993). Munz and Keck (1959), and Munz rhizomes (Soreng 1993). The Hirshberg (1994) reported finding more (1974). The taxon was treated as a inflorescence is an erect, dense spike- than 1,000 plants of P. atropurpurea at variety by Reveal and Munz (1968) and like panicle (compound floral axis) 3 to seven sites near Laguna Meadow. Five Hickman (1993). 7 cm (8 to 18 in) high. The lemmas of these sites appear to encompass the Eriogonum kennedyi var. (lower of the two bracts enclosing the four sites noted by Sproul (1979), the austromontanum is a woody-based flower in the spikelet of grasses) are other two are apparently newly reported perennial with stems forming loose smooth, faintly nerved and less than 3.5 sites. In total, this species is known cushion-like leafy mats 5 to 35 cm (6 to mm (0.14 in) long. The glumes (scaly from less than 20 populations 14 in) wide. The leaves are oblanceolate bracts of the spikelets) are 1.5 to 2 mm throughout its range. (with rounded end broader than the (0.06 to 0.08 in) long. This species Co-occurrence of male and female base), 6 to 10 mm (0.2 to 0.4 in) long flowers from early May to June or July. plants of this species is necessary for and densely white hairy. The Poa atropurpurea may be distinguished seed production. Curto (1992) found inflorescences are 8 to 15 cm (3 to 6 in) from P. pratensis (Kentucky bluegrass), that although male and female culms high, bearing head-like flower clusters. with which it is often associated, by its were about equal in number among The perianth (united calyx and corolla) shorter inflorescences, contracted herbarium collections of this species is white to rose, and composed of inner panicles, and glabrous lemmas and from the San Bernardino Mountains, and outer lobes that are similar in calluses (extension of the inner scale of collections from Big Laguna and appearance. This taxon flowers from the spikelet) (Soreng 1993). Mendenhall meadows of San Diego July through September. This variety Poa atropurpurea occurs in montane County were all female culms. can be distinguished from E. kennedyi meadows in the Big Bear region of the Hirshberg (1994) found only four male Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations 49009 plants, two at each of two different sites, dominated by sagebrush or pine forest United States. This report, designated as during her study of P. atropurpurea on (Krantz 1981b). Taraxacum House Document No. 94–51, and the Cleveland National Forest in San californicum is known to occur on FS, presented to Congress on January 9, Diego County. Soreng (pers. comm. CDFG, municipal, and private lands. 1975, recommended Arenaria ursina, 1996) suggested that it is possible the About 20 occurrences of the species are Poa atropurpurea, and Trichostema San Diego County populations have currently known, with population sizes austromontanum ssp. compactum for turned apomictic (not needing ranging from 2 to 300 individuals. endangered status. Castilleja cinerea, fertilization). This would be evident by About half of these occurrences are and Taraxacum californicum, included a seed set of 20 percent or higher. See located within, or adjacent to, urbanized in House Document No. 94–51, were Factor E for further discussion of the areas such as Big Bear City, Big Bear recommended for threatened status. The importance of dioecy in this species. Lake Village, and Sugarloaf in San Service published a notice in the July 1, Bernardino County, California. All of Taraxacum californicum 1975, Federal Register (40 FR 27823) of these occurrences are threatened by its acceptance of the report as a petition Taraxacum californicum, a member of urbanization. within the context of section 4(c)(2) the sunflower family (Asteraceae), was (now section 4(b)(3)(A)) of the Act, and described by Philip A. Munz and Ivan Trichostema austromontanum ssp. compactum of the Service’s intention to review the Johnston (1925) based on a specimen status of the plant taxa named therein, collected by W.M. Pierce in May 1922 Trichostema austromontanum ssp. including Arenaria ursina, Castilleja in Bear Valley, San Bernardino compactum, a member of the mint cinerea, Poa atropurpurea, Taraxacum Mountains, California. Specimens family (Lamiaceae), was described by F. californica, and Trichostema referable to this species have been Harlan Lewis (1945) based on austromontanum ssp. compactum. On previously considered T. officinale var. specimens collected in 1941 by M. L. June 16, 1976, the Service published a lividum (Waldst. & Kit.) Koch (Hall Hilend at Hidden Lake, San Jacinto proposal in the Federal Register (41 FR 1907), T. lapponicum Kililm. (Handel- Mountains, Riverside County, 24523) to list approximately 1,700 Mazzetti 1907), T. ceratophorum DC. California. Trichostema vascular plant species as endangered (Sherff 1920), or T. ceratophorum var. austromontanum ssp. compactum is a species pursuant to section 4 of the Act. bernardinum Jepson (Jepson 1925). The compact, soft-villous (with long, shaggy Arenaria ursina, Trichostema first three combinations are taxa now hairs) annual approximately 10 cm (4 austromontanum ssp. compactum, Poa known not to be present in the region in) tall with short internodes (stem atropurpurea, and Eriogonum kennedyi or included with other European segments between leaves). The leaves var. austromontanum were included in species. The last combination (Jepson are elliptic (oval but narrowed at both the June 16, 1976, Federal Register 1925) was published after the ends). The blue, five-lobed flowers are notice. combination T. californicum had been less than 7 mm (0.3 in) long, with two published and therefore is considered a blue stamens. The fruit is a smooth, General comments received in synonym. four-lobed nutlet. This taxon flowers in response to the June 16, 1976, proposal Taraxacum californicum is a thick- July and August. T. austromontanum were summarized in an April 26, 1978, rooted perennial herb. The leaves, ssp. compactum is shorter and has Federal Register notice (43 FR 17909). arranged in basal rosettes, 0.5 to 2 dm shorter internodes than T. A revision of the Smithsonian report (2 to 8 in) high, are light green, austromontanum ssp. austromontanum. (Ayensu and DeFilipps 1978), provided oblanceolate, nearly entire to sinuate- Trichostema austromontanum ssp. new lists based on additional data on dentate (wavy toothed) from 5 to 12 cm compactum historically has been taxonomy, geographic range, and (2 to 5 in) long and 1 to 3 cm (0.4 to restricted to a single vernal pool known endangered status of taxa as well as 1.2 in) wide. The light yellow flowers as Hidden Lake (Lake Surprise in Hall suggestions of taxa to be included or are clustered in heads on leafless stalks. (1902)) at an elevation of about 2,650 m deleted from the earlier listing. The outer phyllaries (bracts of the (8,700 ft) in the Mount San Jacinto State Eriogonum kennedyi var. inflorescence) are erect, lance-ovate and Wilderness. Hidden Lake is the only austromontanum, not included in the 5 to 7 mm (0.2 to 0.3 in) long while the naturally occurring body of water in the first Smithsonian report, was inner phyllaries are lance-linear, and 12 San Jacinto Mountains. The entire recommended for threatened status in to 15 mm (0.5 to 0.6 in) long. Plants known range for this plant encompasses Ayensu and DeFilipps (1978). The flower from May to August. Taraxacum less than 0.8 ha (2 ac) (Michael recommended status for other taxa californicum is readily distinguished Hamilton, pers. comm., 1996). The listed above did not change from the from other exotic members of this genus population size of T. austromontanum House Document 94–51 listings. within its range by its lighter green ssp. compactum declines during periods Acknowledgment of the Service’s foliage, sub-entire leaves, stocky of either above or below normal acceptance of this document as a cylindrical heads with truncate bases, precipitation because of its position petition was included in a notice of erect phyllaries, paler yellow flowers, along the perimeter of the vernal pool findings on certain petitions published and small fruits (Munz and Johnston habitat (Hamilton 1991). Between 1979 in the Federal Register on February 15, 1925, Stebbins 1993). and 1991, the population sizes of this 1983 (48 FR 6752). Although the 1978 Taraxacum californicum occurs in species fluctuated from less than 50 to amendments to the Act required that all moist meadow habitats in the San 10,000 individuals (Hamilton 1991). proposals over 2 years old be Bernardino Mountains at elevations withdrawn, a 1-year grace period was from 2,000 to 2,800 m (6,700 to 9,000 ft) Previous Federal Action given to those proposals already more and is often associated with Poa Federal government action on five of than 2 years old. On December 10, 1979, atropurpurea. These taxa are restricted the six taxa contained in this rule began Federal Register (44 FR 70796), the to the relatively open edges apart from as a result of section 12 of the Act, Service published a notice of more mesic plants such as P. pratensis, which directed the Secretary of the withdrawal for the portion of the June Carex spp. or Juncus spp. (Krantz Smithsonian Institution to prepare a 16, 1976, proposal that had not been 1981b). The perimeter of such meadows report on those plants considered to be made final, along with four other often intergrades with sagebrush scrub threatened, endangered, or extinct in the proposals that had expired. 49010 Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations

The Service published an updated because the 1975 and 1978 Smithsonian August 10, 1995. No request for a public Notice of Review of plants on December reports had been accepted as petitions. hearing was received. 15, 1980 (45 FR 82479). This notice On October 13, 1983, the Service found During the comment period, the included Poa atropurpurea, Taraxacum that the petitioned listing of these Service received two written comments, californicum, and Trichostema species was warranted, but precluded both of which opposed the proposed austromontanum ssp. compactum as by other pending listing actions, in listing. Both comments related only to category-1 candidates. Category-1 accordance with section 4(b)(3)(B)(iii), the taxa that occur in the Big Bear candidates were those species for which of the Act. Notification of this finding Valley region of the San Bernardino the Service had sufficient information was published in the Federal Register Mountains, California. The comments concerning biological vulnerability and on January 20, 1984 (49 FR 2485). Such relevant to this final rule have been threats to support preparation of listing a finding requires the petition to be organized into specific issues. These proposals. Arenaria ursina, Castilleja recycled annually, pursuant to section issues and the Service’s response to cinerea, and Eriogonum kennedyi var. 4(b)(3)(C)(i) of the Act. The finding was each are summarized as follows: austromontanum were included in the reviewed each October, annually from Issue 1: One commenter questioned notice as category-2 candidate species. 1984 through 1993. Publication of the the existence of pebble plains in Big Category-2 candidates were those proposed rule constituted the warranted Bear Valley. species for which available data finding for these six taxa. Service Response: Pebble plains as a indicated listing was probably The processing of this final rule biological community have been appropriate, but for which sufficient follows the Service’s listing priority described in several scientific studies data on biological vulnerability and guidance published in the Federal (Holland 1986; Skinner and Pavlik 1994; threats were not presently available to Register on May 8, 1998 (63 FR 25502). Krantz 1981a, 1983; Freas and Murphy support proposed rules. On November The guidance clarifies the order in 1990; Neel and Barrows 1990; and 28, 1983, the Service published a which the Service will process Sawyer and Keeler-Wolf 1995). They supplement (48 FR 53639) to the rulemakings. Highest priority will be were first called pavement plains (Derby December 15, 1980, Notice of Review, processing emergency listing rules for 1979, Derby and Wilson 1978). Several (45 FR 82479). The status of the six taxa any species determined to face a of these studies (Derby 1979, Krantz remained unchanged until the Service significant and imminent risk to its well 1981a) describe the distribution of published a Notice of Review in the being (Tier 1). Second priority will be pebble plain habitat in Big Bear Valley. Federal Register on February 21, 1990 processing final determinations on The ecologically unique nature of these (55 FR 6183), in which the status of proposed additions to the lists of areas and their associated flora were Arenaria ursina was changed to endangered and threatened wildlife and discussed in Derby and Wilson (1978). category-1. Subsequent to the 1990 plants; the processing of new proposals Pebble plains have been described as notice, additional information became to add species to the lists; the the ‘‘most spectacular ecologic island’’ available resulting in Castilleja cinerea processing of administrative petition in Southern California (Schoenherr and Eriogonum kennedyi var. findings to add species to the lists, 1992). austromontanum being changed to delist species, or reclassify listed Issue 2: One commenter stated that category-1 status. species (petitions filed under section 4 although meadow and pebble plains On August 2, 1995, the Service of the Act); and a limited number of habitat was eliminated by the filling of published in the Federal Register (60 delisting and reclassifying actions (Tier Big Bear Lake Reservoir, the plants are FR 39337) a proposal to list two species, 2). Processing of proposed or final ‘‘still abundant in the entire valley.’’ Poa atropurpurea and Taraxacum designations of critical habitat will be This commenter also stated that mining californicum, as endangered and four accorded the lowest priority (Tier 3). was not a threat to the plant species taxa, Arenaria ursina, Castilleja cinerea, This final rule is a Tier 2 action and is because vegetation was still growing on Eriogonum kennedyi var. being completed in concurrence with the old mine tailing piles. austromontanum, and Trichostema the current Listing Priority Guidance. Service Response: Pebble plains are austromontanum ssp. compactum, as All six taxa in this rule face high often associated with montane meadow threatened. That proposed rule also magnitude threats. This rule has been habitat, as described in the Background included Arabis johnstonii to be listed updated to reflect any changes in section. Meadow habitat in the Bear as threatened. The proposal to list information concerning distribution, Valley region, including near Holcomb Arabis johnstonii has been withdrawn status and threats since the publication Valley and Erwin Lake, decreased by 76 and is addressed in a separate document of the proposed rule. percent between the late 1800’s and published concurrently in this same 1932. From 1932 to 1990 there was a Summary of Comments and Federal Register issue. The Service now further decrease of 64 percent in Recommendations determines Poa atropurpurea and remaining meadow habitat (Krantz Taraxacum californicum to be In the August 2, 1995, proposed rule 1990). Overall there has been a 91 endangered species and Arenaria (60 FR 39337) and associated percent decrease in meadow habitat ursina, Castilleja cinerea, Eriogonum notifications, all interested parties were since the late 1800’s. A 91 percent kennedyi var. austromontanum, and requested to submit factual reports or decrease is significant because it Trichostema austromontanum ssp. information that might contribute to the represents the permanent loss of compactum to be threatened species. development of a final rule. The 30-day occupied and potential habitat for Section 4(b)(3)(B) of the Act requires comment period closed on October 9, several of the taxa included in this final the Secretary to make findings on 1995. Appropriate Federal and State rule, and other sensitive or listed petitions within 12 months of their agencies, County and City governments, species associated with this habitat. receipt. Section 2(b)(1) of the 1982 scientific organizations, and other Although a number of native and exotic amendments further requires that all interested parties were contacted and plant species are able to grow on mine petitions pending on October 13, 1982, requested to comment. Individual tailing piles, this habitat does not be treated as having been newly newspaper notices of the proposed rule provide suitable conditions for any of submitted on that date. This was the were published in the San Diego Union- the species addressed in this final rule. case for the six taxa covered by this rule, Tribune and The Press-Enterprise on Meadow and pebble plain habitat has Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations 49011 never been extensive in the Big Bear unauthorized off-road areas directly herbaceous plants) (Painter 1995). Valley area relative to the surrounding impact pebble plains habitat (Odell Domestic ungulates are grazers which forest region. For example, one estimate 1988). Damage caused by ORVs on tend to do more damage to herbaceous of the number of remaining acres of pebble plains and meadows can be plants such as Poa atropurpurea. Krantz pebble plain habitat on National Forest significant. ORVs destroy smaller shrubs (1981a) documented the presence of lands is 208 ha (514 ac) or about 0.3 and annuals (Wilshire 1983). There have feral burros on the Sawmill and percent of the total acreage of just the been numerous incidents of damage to Baldwin Lake pebble plains. Neel and Big Bear Ranger District. These taxa, the vehicle exclusion fencing around Barrows (1990) concurred with this endemic to the Big Bear Valley area, are, several pebble plain sites (Henderson, in assessment and added that burros by all accounts, rare in the region, the litt. 1997). These incidents were often regularly have been observed on the County, and the State. associated with damage to the habitat. Gold Mountain pebble plain. Grazing Issue 3: One commenter stated that An incident of vehicle trespass on a can destabilize plant communities by the threat of hybridization or pebble plain in March 1992, resulted in aiding the spread and establishment of ‘‘promiscuous occupation of genetic direct damage to approximately 930 non-native taxa (Painter 1995) and thus absorption with exotic species’’ is not square meters (10,000 sq ft) of habitat diminish populations of Poa supported by documentation. (Neel and Chaney 1992). Also, damage atropurpurea (Winter 1991), as well as Service Response: In a recent review to surface hydrological characteristics T. californicum because Taraxacum of extinction by hybridization, Rhymer occurred because the soils were wet and officinale is favored over T. and Simberloff (1996) stated that non- deep ruts were produced by the vehicle. californicum under grazing conditions indigenous taxa can bring about the These incidents are further discussed (Henderson, in litt. 1997). extinction of native flora or fauna. They under Factor A. Issue 7: One commenter asked why cited examples among mammals, birds, Issue 5: One commenter questioned Federal and State agencies and their amphibians, fish, and plants. Rieseberg the economic value of the taxa listed projects or actions are exempt from (1991) outlined case histories of herein and another stated that listing protecting endangered or threatened introgression in plants, including these plants would result in severe species. Cercocarpus traskiae, an endangered depreciation of property value. Service Response: The Act directs species from Santa Catalina Island, Service Response: Under section Federal agencies to protect and promote California. Krantz (in litt. 1993) noted 4(b)(7)(A) of the Act, a listing the recovery of listed species. Collection specimens that had characteristics of determination must be based solely on of listed plants on Federal lands is both Taraxacum californicum and the the best scientific and commercial data prohibited. Proposed Federal projects introduced species T. officinale. The available. The legislative history of this and actions including activities on precise origin of these intermediate provision clearly states the intent of private or non-Federal lands that individuals has not yet been Congress to ‘‘ensure’’ that listing involve Federal funding or permitting determined. Genetic swamping by Poa decisions are ‘‘based solely on biological require review to ensure they will not pratensis is a possible threat to P. criteria and to prevent non-biological jeopardize the survival of any listed atropurpurea (Curto 1992). criteria from affecting such decisions’’ species, including plants. The Act does Issue 4: One commenter questioned (H.R. Rep. No. 97–835, 97th Cong. 2d not prohibit ‘‘take’’ of listed plants on the threat of fuelwood harvesting to the Sess. 19 (1982)). As further stated in the private lands, but landowners should be pebble plain species. The commenter congressional report, ‘‘economic aware of State laws protecting imperiled noted that people are required to have considerations have no relevance to plants. a permit to cut fuelwood and are not determinations regarding the status of Section 7(a) of the Act requires allowed to drive off existing roads to species.’’ Because the Service is Federal agencies to evaluate their collect this wood. The commenter specifically precluded from considering actions with respect to any species that further stated that there would be less economic impacts in a final decision on is proposed or listed as endangered or harm done to plant growth by trampling a proposed listing, the Service cannot threatened and with respect to its and rolling of cut wood to get to the consider the possible economic critical habitat, if any is designated. trucks if the trucks were allowed to consequences of listing the six taxa. Section 7(a)(2) requires Federal agencies drive to the trees on the old Issue 6: A commenter questioned to ensure that activities they authorize, woodcutters’ roads, which have now whether cattle grazing is a threat to fund, or carry out are not likely to been fenced off. these species because he claims cattle jeopardize the continued existence of a Service Response: Fuelwood harvest had not grazed in Big Bear Valley for listed species or destroy or adversely is permitted in designated areas of the over 40 years. modify its critical habitat. If a Federal Big Bear region, such as portions of Service Response: Several of the action may affect a listed species or its Holcomb Valley (SBNF, in litt. 1995). meadow sites in the Big Bear area have critical habitat, the responsible Federal Most sensitive habitats are not within been impacted by grazing by domestic agency must enter into formal the areas where fuelwood harvesting is livestock (e.g., Bluff Lake, Hitchcock consultation with the Service. permitted. However, impacts related to Ranch, Shay Meadow, Wildhorse Although State law may provide a the use of roads that traverse nearby Meadow (Krantz 1981b; Krantz, in litt. measure of protection to species, these sensitive habitats do occur. The San 1993)). All of the populations of Poa laws are not adequate to protect the Bernardino National Forest (Odell 1988) atropurpurea in the Laguna Meadow species in all cases. Numerous activities has closed roads to protect sensitive and Mendenhall Meadow are located do not fall under the purview of State plant habitat in the Arrastre Flats and within grazing allotments currently law, such as certain projects proposed Union Flats area. Few, if any, areas of used by cattle (Winter 1991). Grazing by by the Federal government and projects the Forest open to permitted fuelwood domestic and feral animals other than falling under State statutory harvest have been impacted by these cattle also poses a threat to the species exemptions. Where overriding social road closures. The closures do not listed herein. Native ungulates are and economic considerations can be preclude access by forest users and have facultative browser/grazers or browsers demonstrated, these laws allow project produced no adverse cumulative (feed primarily on woody plants) rather proposals to go forward, even in cases impacts. However, vehicles utilizing than grazers (feed primarily on where the continued existence of the 49012 Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations species may be jeopardized or where Service Response: Excessive requests for peer review of this listing adverse impacts are not mitigated to the trampling may alter the hydrology of the action. point of insignificance. The inadequacy habitats of the taxa listed herein and Summary of Factors Affecting the of existing State and Federal regulatory cause conditions such as ponding along Species mechanisms is one of the factors that trails or drying below the trails as a necessitates Federal listing of these result of soil compression. These in turn Section 4 of the Endangered Species plant taxa. Please see the ‘‘Summary of may lead to conditions that affect Act (Act) and regulations (50 CFR Part Factors Affecting the Species’’ section, seedling establishment or species 424) promulgated to implement the specifically Factor D, and the ‘‘Available persistence in these areas. Recreational listing provisions of the Act set forth the Conservation Measures’’ section in this activities that include the use of ORVs procedures for adding species to the rule for additional information about continue to have significant negative Federal list. A species may be this issue. impacts on pebble plain habitat (see determined to be endangered or Issue 8: One commenter stated that discussion under Factor A). Botanists threatened due to one or more of the ‘‘large scale’’ timber harvest does not often prefer to collect species five factors described in section 4(a)(1) occur in the Big Bear Valley region, only considered rare for exchange with other of the Act. These factors and their dead trees are removed and some institutions (see discussion under Factor application to Arenaria ursina B.L. Rob. thinning is done by the FS, therefore B). Some limited collection from (Bear Valley sandwort), Castilleja timber harvest is not a threat to the Federal lands could be permitted for cinerea A. Gray (ash-gray Indian plant species. responsible research by qualified paintbrush), Eriogonum kennedyi S. individuals, as well as for periodic Watson var. austromontanum Munz & Service Response: The ‘‘Background’’ documentation purposes for recognized I.M. Johnst. (southern mountain wild section of the proposed rule identified institutional collections. buckwheat), Poa atropurpurea Scribn. timber harvest as having affected the (San Bernardino bluegrass), Taraxacum habitat of Arenia ursina, Castilleja Peer Review californicum Munz & I.M. Johnst. cinerea over the past 100 years, and In accordance with interagency policy (California taraxacum), and Trichostema further stated that timber harvest has published on July 1, 1994 (59 FR austromontanum F.H. Lewis ssp. continued to affect the habitat of 34270), the Service solicited the expert compactum F.H. Lewis (Hidden Lake Eriogonum kennedyi var. opinions of three independent bluecurls) are as follows. A summary of austromontanum, Poa atropupurea, and specialists regarding pertinent scientific the threats to each of these taxa is Taraxacum californicum. Although or commercial data and assumptions provided in Table 1. impacts have occurred in the past from relating to the taxonomy, population A. The Present or threatened timber harvest, the final rule has been models, and supportive biological and destruction, modification, or revised and does not identify timber ecological information for the taxa curtailment of their habitat or range. harvest as a current threat to any of the under consideration for listing. The The six taxa listed herein currently are plant taxa. purpose of such review is to ensure imperiled by a variety of activities that Issue 9: One commenter questioned listing decisions are based on result in habitat modification, the threat from hiking and other scientifically sound data, assumptions, destruction, degradation, and recreational activities, as well as threats and analyses, including input of fragmentation. These activities include from collecting, scientific studies, and appropriate experts and specialists. urbanization, ORV activity, alteration of ‘‘overutilization.’’ There were no responses to the Service’s hydrological conditions, and vandalism.

TABLE 1.ÐSUMMARY OF THREATS

Threats Species Exotic * ORV Urbaniza- Grazing/ Limited Trampling plants activity tion browsing numbers

Arenaria ursina ...... x x x x Castilleja cinerea ...... x x x x x Eriogonum kennedyi var. kennedyi ...... x x x x Poa atropurpurea ...... x x x x x x Taraxacum californicum ...... x x x x x x Trichostema austromontanum ssp. compactum ...... x x * ORV = off road vehicle.

Meadow Habitats percent decrease. Krantz (1990) that have destroyed, degraded, or estimated that there are currently less fragmented their meadow habitat Significant loss of meadow habitats in than 400 ha (1,000 ac) of meadow (Krantz 1980, 1981b). Approximately 70 the Bear Valley began in the late 1880’s habitat remaining in Big Bear and percent of the remaining Poa with the construction of a dam that Holcomb valleys. Overall, 91 percent of atropurpurea habitat in the Big Bear resulted in the formation of Big Bear all meadow habitat in those areas has region is unprotected and none of the P. Lake. There were 6,200 ha (15,300 ac) of been destroyed since the turn of the atropurpurea populations in San Diego meadow/grassland in the Big Bear century. County are protected (see Factor D and Valley region and Big Meadow area of the Santa Ana River prior to The decline of Poa atropurpurea and Factor E for additional discussion). construction of the dam (Leiberg 1900) Taraxacum californicum can be Portions of two populations in Laguna and 1,190 ha (2,900 ac) about 30 years attributed to urbanization, ORV traffic, Meadows were destroyed by telephone later (USFS 1932). This represents an 81 and alteration of hydrological regimes line trenching and soil removal for Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations 49013 construction of the earthen dam at Big fragmenting and degrading the meadow that these areas were not known to Laguna Lake (Sproul and Beauchamp habitat of these taxa. A current proposal support an indicator species, Eriogonum 1979). A portion of one site in Big Bear for construction on nine parcels totaling kennedyi var. austromontanum. Valley, intentionally graded by the 1.6 ha (4 ac) at Boulder Bay on the south Nine existing pebble plain complexes landowner in 1991, contained P. shore of Big Bear Lake could adversely were identified by Neel and Barrows atropurpurea and habitat for the impact Poa atropurpurea and T. (1990). Of the 220 ha (545 ac) of this federally listed pedate checker-mallow californicum. These taxa, as well as highly restricted habitat, about 208 ha (Sidalcea pedata) (Krantz, in litt., 1993). other sensitive taxa, are known to occur (514 ac) is administered by the FS and Populations of P. atropurpurea were in the vicinity of the project site. 12 ha (32 ac) occurs on private land also destroyed by development of the A road traverses a site along Rathbone (Neel and Barrows 1990). Nearly all the facilities at Big Bear Airport and Creek that was meadow and pebble complexes support populations of these expansion of Bear Mountain Ski Area plain habitat. The area between the road species and generally, such populations (Krantz, in litt., 1993). Krantz (in litt., and the creek is a parcel being used as are fairly evenly distributed throughout. 1993) further noted, without indicating a dump site for dredge materials. Roads, Urbanization has resulted in the causes, the apparent extirpation of the such as the one just east of Bluff Lake, destruction of 85 ha (210 ac) of former occurrences of Taraxacum californicum traverse occupied habitat of Poa habitat in the Sawmill complex near the at Moonridge Meadow, Rathbone atropurpurea and Taraxacum community of Sugarloaf (Krantz, in litt. Meadow, Sugarloaf, and Erwin Lake. californicum. Several of the meadow 1987). Similarly, development has sites, such as North Baldwin Lake, eliminated habitat within the Big Bear Current continuing threats to the Wildhorse Springs, and Holcomb Valley Lake complex, including areas near meadow taxa discussed in this rule are fragmented by ORV incursions. Road Fawnskin, Mallard Lagoon, Eagle Point, include the relatively unrestricted ruts can lead to alterations in the surface and Metcalf Bay (CNDDB 1997) and has development of privately owned parcels hydrology of meadow habitats (Krantz continued on small unprotected sites in the Big Bear area outside the 1981b). Campground development has (Neel and Barrows 1990). Relatively boundaries of the San Bernardino been proposed for meadow sites at unrestricted development of privately National Forest. Apparently, all of the Cienega Seca and the north shore of Big owned parcels that support pebble plain known occurrences of Poa atropurpurea Bear Lake (CNDDB 1997). species is a threat to Arenaria ursina, and Taraxacum californicum that fall Poa atropurpurea faces high Castilleja cinerea, and Eriogonum within areas depicted on a current magnitude threats throughout the kennedyi var. austromontanum. This zoning map for the City of Big Bear Lake majority of its range from one or more was described above under the are at sites zoned residential, of the following—development, grazing, ‘‘Meadow habitats’’ section. commercial or flood plain. This road maintenance, and introduced taxa, Unpermitted grading eliminated pebble includes four of the seven privately as well as the increased fragmentation of plains habitat at Castle Glen (Krantz, in owned sites and over half of the habitat associated with the above litt., 1993). A current proposal for privately owned habitat of Poa activities. The dioecious nature development on nine parcels totaling atropurpurea in the Big Bear area. This (separate male and female plants) of this 1.6 ha (4 ac) at Boulder Bay (Big Bear also includes four of the 10 privately species compounds any threat at a given Lake complex) on the south shore of Big owned sites supporting Taraxacum site. Taraxacum californicum faces the Bear Lake could adversely impact californicum. Within a tract on Eagle same high magnitude threats from the sensitive taxa including Arenaria Point there is, however, one same sources over about half of its ursina, Castilleja cinerea, and exclusionary 2.8 ha (7 ac) parcel set range. Eriogonum kennedyi ssp. aside for rare plant protection by the austromontanum. City of Big Bear Lake that reportedly Pebble Plains Habitat The most significant and persistent includes meadow habitat as well as The decline of Arenaria ursina, threat to the pebble plains is ORV some plants of Castilleja cinerea (City of Castilleja cinerea and Eriogonum activity (Krantz, in litt. 1987; Neel and Big Bear Lake, in litt. 1997). There are kennedyi var. austromontanum, all of Barrows 1990; Henderson, in litt. 1997). no apparent use restrictions on this which are largely confined to pebble Incidents involving destruction or parcel other than access limitations and plain habitats, can be attributed to degradation of pebble plains habitat by no building sites. The City of Big Bear habitat destruction, degradation, and ORVs continue to present a significant Lake zoning map includes the fragmentation resulting from threat to all pebble plain sites (Maile community of Moonridge. Within the urbanization, ORV traffic, fuelwood Neel, SBNF, pers. comm. 1993; Krantz, area covered by this zoning map there harvesting, mining activities, and the in litt. 1993; Henderson, in litt. 1997). are at least five occurrences of Poa alteration of hydrological regimes. Neel Most privately owned pebble plain sites atropurpurea, at least four occurrences and Barrows (1990) listed the current receive no protection. A few sites, of Taraxacum californicum, and total acreage of pebble plains as 220 ha however, have voluntary non-binding occurrences of Arenaria ursina, (545 ac), including about 60 ha (150 ac) landowner agreements (see Factor D). Castilleja cinerea, and Eriogonum of pebble plains habitat not considered Over 11 km (7 mi) of FS roads and 16 kennedyi var. austromontanum. Some by Krantz (1981a, in litt. 1987). Krantz km (10 mi) of unauthorized routes sites for the listed species Sidalcea (in litt. 1987) estimated that historically directly impact pebble plain sites, such pedata are also covered by the zoning there were 280 ha (700 ac) of pebble as Arrastre/Union Flats (complex), map. The Service is aware of interest by plains, and that currently there are only Sawmill (part of Sawmill complex), a property owner in opening a facility 170 ha (420 ac). Neel and Barrows’ Holcomb Valley (complex), and Nelson at Pan Hot Springs. This area supports (1990) figure represents a 21 percent Ridge (part of the North Baldwin Lake Poa atropurpurea and Taraxacum decrease from the estimated historic complex) (Odell 1988). Although the FS californicum, as well as the federally extent of pebble plains in the region. does not permit activities that alter the listed endangered species Sidalcea Krantz (in litt. 1987) did not include two hydrology of pebble plains or meadows, pedata and Thelypodium stenopetalum areas considered pebble plains by Neel unauthorized ORV traffic continues to (slender-petaled mustard). This and Barrows (1990). These omissions be a problem in many areas and proposed facility has the potential of were probably due, in part, to the fact contributes to hydrological 49014 Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations modifications of these sensitive habitats. The FS has kept records of incidents continue to be affected by habitat The majority of the pebble plains of human-caused damage and destruction and degradation most complexes are directly impacted by destruction to fenced areas of pebble frequently associated with ORV traffic vehicle routes that may lead to plains from 1990 to 1997 (Henderson, in and development of privately owned alterations in the surface hydrology litt. 1997), but has not always correlated parcels. (Krantz 1981a, Neel and Barrows 1990, specific habitat destruction events with B. Overutilization for commercial, Neel and Chaney 1992). incidents of trespass. However, a single, recreational, scientific, or educational Normally, surface water flows evenly well documented example is cited purposes. Some of the taxa may have across the relatively impervious pebble below. become vulnerable to collecting by plains (Odell 1988). Pebble plains are The pebble plains near North Baldwin curiosity seekers as a result of the extremely susceptible to damage during Lake, fenced and posted as rare plant increased publicity following spring thaw (Krantz 1981a). ORVs can habitat, were extensively damaged in publication of the proposed rule. Some destroy plants and create deep ruts that March 1992. A construction vehicle professional and amateur botanists favor change the water flow patterns over the from the San Bernardino County landfill rare or unusual species for their pebble plains and lead to increased was driven over this site in an collections or because these are valuable erosion, which indirectly affects a apparently intentional act of vandalism to trade with other individuals or greater number of plants (Neel and (Krantz, in litt. 1993; Neel and Chaney collections (Mariah Steenson pers. Barrows 1990). ORVs can cause the 1992). The driver trespassed, drove over comm. 1997). A survey of the breakdown of soil structure although the the identifying signs and fences, and collections of a major herbarium in the erosion potential of the soil is not caused extensive damage to the habitat region showed significant increases in considered high due to the moderate (Neel and Chaney 1992). The soils were the numbers of collections of several slopes and rainfall (Neel and Barrows highly vulnerable to disturbance pebble plain taxa, following publication 1990). Vehicular activity also favors the because they were saturated. Over 1,200 of an article describing this new habitat establishment of species more tolerant sq m (13,000 sq ft) of pebble plain type. These taxa include Arenaria of such disturbance, thereby altering the habitat was moderately to severely ursina, Castilleja cinerea, Eriogonum composition of the plant community damaged during this incident (Neel and kennedyi var. austromontanum, over time (Lathrop 1983). Chaney 1992). Restoration was required considered in this rule, as well as other The pebble plain site at upper by the FS, but it was not entirely pebble plain taxa, such as Arabis Sugarloaf (part of the Sawmill complex) successful because the indirect effects of parishii, Antennaria dimorpha, and has been completely devegetated by the vehicle incursion, including Dudleya abramsii ssp. affinis (Wallace, ORV activity (Krantz in litt., 1987) and alteration of surface hydrology and the in litt. 1997). A similar increase in Horseshoe Meadow has been degraded subsequent invasion of exotic species, numbers of collections of the rare, by unregulated vehicle activity (Krantz, have significant, long-term effects (Neel native, meadow species Taraxacum in litt. 1993). Pebble plain habitat in and Chaney 1992; Krantz, in litt. 1993). californicum occurred but not for the upper Holcomb Valley (part of the Some sites near Baldwin Lake are associated introduced exotic T. Holcomb Valley complex) has been subject to quartzite theft (CNDDB 1997). officinale (Wallace pers. obs. 1997). degraded by vehicles driven around Mineral rights have been claimed on or Ayensu and DeFilipps (1978) depressions with standing water during near several of these pebble plains, such specifically cite over-collection as a winter (Neel and Barrows 1990; Krantz, as Arrastre Flat and North Baldwin threat to Eriogonum kennedyi var. in litt. 1987). This vehicle traffic creates Lake. There is a deposit of high grade austromontanum. It is likely that the muddy areas unsuitable for the limestone just west of lower Holcomb additional attention given to these taxa persistence or recruitment of the plants. Valley. Quarrying of this limestone as a result of this final rule will result Vehicle roads and tracks lead to habitat would eliminate the pebble plain (Neel in efforts by some to collect specimens. fragmentation and increase the potential and Barrows 1990). Mining activities This potential would be exacerbated by for edge effects on the pebble plains. threaten pebble plain habitat by direct publication of maps and descriptions of The FS has implemented a number of removal or indirect impacts. This pebble critical habitat. measures including fencing, signage, plain reportedly supports Arenaria C. Disease or predation. Disease is not road closures, and active monitoring in ursina, Castilleja cinerea, and known to be a factor affecting any of the an effort to protect pebble plains from Eriogonum kennedyi var. taxa listed herein. The indirect effects of illegal ORV activity. Despite this action, austromontanum. The associated grazing/browsing are discussed under over 40 percent of the pebble plain meadows likely to be impacted support Factor E. Soreng (pers. comm. 1996) habitat within FS jurisdiction remains Poa atropurpurea and Taraxacum found considerable thrip (minute unprotected (Neel and Barrows 1990). californicum. insects that feed on plants) damage to Fences that protect virtually all of the Activation or installation of wells the ovaries of Poa atropurpurea in the large pebble plain sites are often cut or north of the pebble plain in lower Big Bear area. This may result in low removed, thus enabling vehicles to enter Holcomb Valley (Neel and Barrows seed set but is presumably a natural the plains (Henderson, in litt., 1997). In 1990), near Baldwin Lake (Barrows phenomenon. In some taxa, low seed February 1997, the FS removed rocks 1989), or in Garner Valley, can alter the set, high seed mortality, and infrequent placed on the Sawmill pebble plain, hydrological regime of the habitat and establishment may be offset by low filled holes, and rewired the gate as a threaten sensitive species. Alteration of mortality and greater longevity of the result of ‘‘extreme vehicle use’’ at the the direction of surface flow and rate of plants (Pavlik 1987). Soreng (pers. Upper Sugarloaf/Sugarloaf pebble plain percolation may lead to changes in the comm. 1996) stated that seed set in area in August 1996. Vehicles were species composition of the site (Neel sexual taxa of Poa is about 10 percent. observed on a closed road in Union Flat and Barrows 1990), make the site The additional impacts associated with in July 1996, and, in that same month, unsuitable for one or more of the native persistent grazing could eliminate any vehicles had driven onto the pebble taxa, and/or facilitate the encroachment seed production by this taxon. This, in plain at Gold Mountain (Henderson, in of non-native species. turn, could decrease or eliminate litt. 1997). All of these incidents The majority of the pebble plains and establishment of new plants of divergent occurred within fenced sites. their associated species have been and genetic constitution. Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations 49015

D. The inadequacy of existing conducting a review of the project and presently occupied by Arenaria ursina, regulatory mechanisms. Existing consulting with the other agencies Castilleja cinerea, Eriogonum kennedyi regulatory mechanisms that could concerned with the resources affected var. austromontanum, Poa atropurpurea provide some protection for these by the project. Section 15065 of the and Taraxacum californicum may not species include—(1) listing under the CEQA Guidelines requires a finding of be sufficient to maintain their long-term California Endangered Species Act significance if a project has the potential viability in the absence of appropriate (CESA), (2) consideration under the to ‘‘reduce the number or restrict the recovery measures. California Environmental Quality Act range of a rare or endangered plant or The Holcomb Valley/North Baldwin (CEQA), (3) FS management policies, (4) animal.’’ Once significant effects are Lake region, which supports conservation provisions under section identified, the lead agency has the populations of Arenaria ursina, 404 of the Federal Clean Water Act, and option to require mitigation for effects Castilleja cinerea, Eriogonum kennedyi (5) land management by Federal, State, through changes in the project or to var. austromontanum, Poa atropurpurea or local agencies, or by private groups decide that overriding considerations and Taraxacum californicum, and and organizations. make mitigation infeasible. In the latter significant examples of pebble plain case, projects may be approved that habitat, was designated a Special State Laws cause significant environmental Interest Area by the FS in 1989. No The six taxa addressed in this rule are damage, such as resulting in the loss of specific management plan has been included in the California Native Plant sites supporting State-listed species. developed for the area due to resources Society’s Inventory (Skinner and Pavlik Mitigation plans usually involve the being directed to higher priority 1994), but none have been listed as transplantation of the plant species to activities (Neel, pers. comm. 1993). endangered or threatened by the State. an existing habitat or an artificially Management guidelines for meadow Thus, the CESA (Division 3, chapter 1.5, created habitat. Following the creation sites on the Cleveland National Forest section 2050 et seq.) and the Native of the transplantation plan, the original supporting Poa atropurpurea are Plant Protection Act (NPPA) (Division 2, site is destroyed. Therefore, if the outlined by Winter (1991). These chapter 10, section 1900 et seq. of the mitigation effort fails, the resource has include the requirement to maintain California Fish and Game Code) provide already been lost. Protection of listed viable populations at all known no protection for the six taxa in this species through CEQA is, therefore, localities. Other guidelines call for rule. dependent upon the discretion of the protection, enhancement, and The CDFG recognizes that the lead agency involved. prevention of adverse modification of majority of plants on Lists 1A, 1B, and habitat for sensitive species. They also 2 of the CNPS Inventory of Rare and FS Management call for prevention of fragmentation of Endangered Vascular Plants of With the exception of Trichostema the montane meadows. However, there California (Skinner and Pavlik 1994) austromontanum ssp. compactum, are no specific steps to achieve these would normally qualify for State listing which only occurs on State lands, all of goals outlined in the document. (Morey and Berg 1994). All six plant the taxa listed herein are found on the Clean Water Act taxa in this rule are in the CNPS San Bernardino National Forest and are Inventory on List 1B (Plants Rare, recognized by the FS as ‘‘sensitive Poa atropurpurea and Taraxacum Threatened, or Endangered in California species’’ (SBNF 1989). The FS has californicum could potentially be and Elsewhere) (Skinner and Pavlik policies to protect sensitive plant taxa, affected by projects requiring a permit 1994). Under CEQA, impacts to List 1B including attempting to establish these under section 404 of the Clean Water plants are considered significant and species in suitable or historic habitat, Act. Under section 404 of the Clean must be addressed. CEQA obligates encouraging land acquisitions to protect Water Act, the U.S. Army Corps of disclosure of environmental resources sensitive plant habitat, establishing Engineers (Corps) regulates the within proposed project areas and may refugia for pebble plains species, and discharge of fill material into waters of enhance opportunities for conservation not permitting activities that may alter the United States, which includes efforts. However, CEQA does not the hydrology or meadow habitat for navigable and isolated waters, guarantee that such conservation efforts sensitive plants (SBNF 1989). These headwaters, and adjacent wetlands. will be implemented and several guidelines, however, have not been Section 404 regulations require that projects have resulted in the entirely effective. Bluff Lake, which is applicants obtain an individual permit unmitigated loss of habitat for Arenaria privately owned and contains to place fill for projects affecting greater ursina, Castilleja cinerea, Eriogonum populations of Poa atropurpurea and than 1.2 ha (3 ac) of waters of the United kennedyi var. austromontanum, Poa Taraxacum californicum, was identified States or greater than 500 linear feet of atropurpurea, and Taraxacum as a potentially suitable mitigation bank a streambed. Nationwide Permit (NWP) californicum. These projects include of wetland and wet meadow habitat for No. 26 (33 CFR part 330) was expansion of the Big Bear Airport, urban developments in the region. established by the Department of the construction of ski areas, development However, plans by the FS to acquire Army to facilitate authorization of of the Moonridge Golf Course (Krantz Bluff Lake are no longer being pursued discharges of fill into isolated waters 1981b), and approval of the Eagle Point because the parcel is not available for (including wetlands and vernal pools) development (Neel, in litt. 1993). sale (Maile Neel, SBNF, pers. comm. that cause the loss of less than 1.2 ha (3 Furthermore, these taxa face threats that 1993). The extensive monitoring and ac) of waters of the United States, and are not easily controlled by existing fence maintenance activities carried out that cause minimal individual and regulations, particularly those discussed by the San Bernardino National Forest cumulative environmental impacts. under Factor A. have not prevented damage to pebble Projects that qualify for authorization The CEQA requires a full disclosure plain sites in the area. under NWP 26 and that affect less than of the potential environmental impacts Even if most of the remaining pebble 0.1 ha (1⁄3 ac) of isolated waters of proposed projects. The public agency plain and meadow habitats on the San including wetlands may proceed. with primary authority or jurisdiction Bernardino National Forest could be Although the permittee must submit a over the project is designated as the lead adequately protected from human report to the Corps within 30 days of agency, and is responsible for disturbance, the amount of habitat completion of the work, evaluation of 49016 Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations the impacts of such projects through the resistant, usually non-native species to to have the ability to produce flower section 404 permit process is precluded. increase in abundance (Painter 1995). heads and leaves close to the soil It is possible that even projects as small Sites supporting Arenaria ursina, surface (Krantz, in litt. 1993). Several as 0.1 ha (1⁄3 ac) could destroy some of Castilleja cinerea, and Eriogonum sites supporting this species are near, or the smaller occurrences in the kennedyi var. austromontanum have traversed by trails, including Bluff Lake, urbanized areas of Big Bear Valley, or been moderately to heavily degraded by sites along the south side of Big Bear alter the hydrology of a meadow or cattle trampling in the past (e.g., Lake, and Cienega Seca, for example pebble plain site. Road widening or Wildhorse Meadow, Holcomb Valley, (CNDDG 1997). Two populations of Poa stream channelization, such as that near and North Baldwin Lake) (Krantz 1981a, atropurpurea in Laguna Meadow (San Fox Farm Road and Rathbone Creek Neel and Barrows 1990, Krantz, in litt. Diego County) were damaged by cattle may affect the surrounding habitat. Even 1993). These same taxa are occasionally trails (Sproul 1979). All of the though Trichostema austromontanum trampled by horses which gain access to occurrences of Poa atropurpurea in ssp. compactum is associated with a some fenced pebble plain sites when the Laguna Meadow and Mendenhall single vernal pool, it would not be fences are cut (Henderson, in litt. 1997). Meadow, Cleveland National Forest, affected by the Clean Water Act because Some areas continue to be impacted by San Diego County are on currently its entire distribution lies within Mount cattle, horses, and feral burros. Habitat occupied grazing allotments, although San Jacinto State Wilderness. degradation from trampling by feral cattle exclosures are on two of the sites The Corps may require that an burros continues at the North Baldwin (Winter 1991). Grazing by cattle during individual section 404 permit be Lake, Sawmill, Onyx, and Gold the fruiting season of Poa atropurpurea obtained if projects otherwise qualifying Mountain pebble plain complexes is likely to eliminate a significant under NWP 26 would have greater than (Barrows 1989, Neel and Barrows 1990). portion of any seed produced in a given minimal individual or cumulative This threat will be alleviated once year. This problem is compounded by environmental impacts. The Corps has burros are completely removed and kept several factors; the species is dioecious been reluctant to withhold authorization away from pebble plain sites, except (separate male and female plants), and under NWP 26 unless the existence of Broom Flat (about 50 percent of the destruction of flowers of either sexual a federally listed threatened or Onyx complex). This removal process is form would likely directly affect the endangered species would be currently underway under provisions of sexual reproductive success for that jeopardized. the Big Bear Wild Burro Territory year, which could, in turn, decrease the Management Plan (Lardner 1996). It is Land Management potential for long term survival of the not clear whether burros will attempt to species. Meadow sites in the Big Bear Representatives from various Federal, return to the area and what the FS’s area, such as Bluff Lake, are also subject State, and local agencies, and response will be if that occurs. to trampling by people and animals. individuals from the private sector are Trampling by hikers and visitors has One population of Castilleja cinerea, developing a Coordinated Resource been noted at some sites. Due to its across from Snow Valley Ski Area, was Management Plan (CRMP) for the Big accessibility, and localized habitat, the fragmented by trampling associated Bear Valley region. The CRMP process Trichostema austromontanum ssp. with the construction of several large is a planning tool that operates on the compactum population at Mount San cabins, a parking lot, and trails. local level to minimize conflicts among Jacinto State Wilderness is particularly Grazing by cattle, horses, and feral various user groups, landowners, and vulnerable to trampling by recreational burros is a continuing threat to Poa governmental agencies. The goal of this users. This site has been popular since atropurpurea and Taraxacum process is to identify sensitive biological the development of the Palm Springs californicum at meadow sites such as resources and to integrate conservation tramway in 1964 and the Desert Divide Hitchcock Ranch, Shay Meadow, Bluff efforts with those of public and private Trail from 1979 to 1981 (Hamilton, pers. Lake, and Laguna Meadow (Winter entities. Although the Service supports comm. 1996). Several measures were 1991; CNDDB 1997; Lardner, pers. these efforts, little or no protection for initiated by the State during the past comm. 1997). Painter (1995) used the the species described herein will be decade to protect the vernal pool term grazing to mean feeding primarily guaranteed. This process is not legally ecosystem and the Trichostema on herbaceous plants, and the term binding. population, including removing browsing to mean feeding primarily on E. Other natural or manmade factors references to the site from park woody plants. Herbivory is a affecting their continued existence. The interpretive materials and the combination of both of these terms six taxa listed herein are threatened by elimination of marked trails to the lake. (Painter 1995). Painter (1995) a variety of other factors including These measures, however, have not considered cattle to be grazers, burros trampling by livestock and humans, prevented on-going impacts from and horses to be browser/grazers, and indirect effects of grazing and browsing, trampling by hikers and horses. native deer to be browser/grazers. The competition with other plant species, Trampling by horses crushes plants and significance of the differences is that habitat fragmentation, and hybridization creates depressions that retain water control of the non-native animals will with non-native taxa. where seeds and adult plants of T. reduce grazing and browsing damage to Trampling may degrade habitat by austromontanum ssp. compactum levels tolerable by the native species. soil compression and introduction of drown (Hamilton 1991; Hamilton, pers. Fleischner (1994) indicated that the loss seeds of non-native species. This leads comm. 1996). Livestock concentrate of biodiversity, lowering of population to changes in the composition of the their activities around ponds and vernal density, and disruption of ecosystem vegetation and facilitates persistence of wetlands. As a result, impacts to functioning are some of the ecological these non-native species (Lathrop 1983, mountain meadows may persist for costs of grazing by livestock. Krantz Fleischner 1994). The presence of decades (Painter 1995). (1981b) noted that the number of seeds livestock typically changes the Trampling by livestock and people produced by P. atropurpurea is reduced composition of native plant adversely affects Taraxacum if it is grazed during its flowering communities by reducing or eliminating californicum and favors the period. those species that cannot withstand establishment of the non-native T. Cattle grazing is a threat to Poa trampling, which enables more officinale. Only the latter species seems atropurpurea in grazing allotments on Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations 49017 the Cleveland National Forest (Winter levels of gene transfer among the likely make grazing and hybridization 1991, CNDDB 1997). Grazing can reduce complexes because of the differing threats more significant within local or eliminate seed set and thereby seasonal developmental stages of plants populations. The limited numbers and decrease recruitment and genetic from different sites (Freas and Murphy extremely localized range of diversity. On the San Bernardino 1990). Further dissection of pebble plain Trichostema austromontana ssp. National Forest, there is no current sites makes them more vulnerable to compactum make this taxon more permittee for the grazing allotment at incursions of invasive exotics. There susceptible to single disturbance events Wildhorse Meadow (Lardner, pers. would likely also be a decrease of gene such as trampling during the flowering comm. 1997). Castilleja cinerea is on the flow among the remaining pebble plains season or alteration of the local water Santa Ana grazing allotment on sites. Poa atropurpurea is dioecious table from soil compression. Sugarloaf Ridge, which lacks a current (separate male and female plants) and The Service has carefully assessed the permittee (Lardner, pers. comm. 1997). has a limited range. These species best scientific and commercial Another population of Castilleja cinerea attributes are likely to increase the information available regarding the past, is at Broom Flat where burros will probability that the species could be present, and future threats faced by continue to be allowed under the Big threatened if its habitat or populations these six taxa in determining to issue Bear Wild Burro Territory Management were further dissected. this final rule. Based on this evaluation, Plan (Lardner, pers. comm. 1997). Taraxacum californicum may be the preferred action is to list Poa Introduced species of grasses and threatened by hybridization with the atropurpurea and Taraxacum forbs have invaded many of California’s introduced T. officinale (Krantz, in litt. californicum as endangered. About 91 native plant communities, where they 1993). Apparent hybrids between these percent of the meadow habitat for these often displace the native flora. Non- two taxa were observed in areas where species has been eliminated since the native taxa often have greater invasive they overlap in distribution (Krantz, in turn of the century. Approximately 70 capabilities than endemic species litt. 1993; Krantz 1980). Because T. percent of the remaining meadow (Huenneke and Thompson 1995). californicum rarely occurs in the habitat is unprotected, subject to Disturbances, such as grazing, urban absence of T. officinale, the potential for development such as that recently and residential development, and loss of genetic distinctiveness of the proposed at Boulder Bay, wildlife various recreational activities facilitate restricted species exists. Poa viewing walks at Baldwin Lake, introduction of non-native species. Non- atropurpurea may be threatened with fragmentation from ORV traffic, and native plants may flourish under a the loss of its genetic distinctiveness grazing at several sites such as Bluff grazing regime and may reduce or due to hybridization with P. pratensis. Lake and Laguna Meadows. Both P. eliminate native taxa through crowding Curto (1992) describes the different atropurpurea and T. californicum may or competition for resources. Deposition distinctive morphs of Poa pratensis be crowded out by successful, invasive, of animal waste spreads ingested seeds complex maintained by apomictic co-occurring, non-native species with and alters nutrient cycling patterns, means described by Clausen (1961). which they may also hybridize. All of often favoring non-native taxa. Clausen (1961) demonstrated, in the San Diego County sites for P. Introduced plant taxa have become controlled experiments, that progeny of atropurpurea are on unprotected grazing established in many portions of the San crosses between P. pratensis and other lands. These taxa are in danger of Bernardino, San Jacinto, and Laguna Poa species are morphologically within extinction throughout all or a significant mountains and have likely reduced the the range of variation of P. pratensis. portion of their ranges due to habitat amount of suitable habitat for According to Clausen (1961), Poa destruction and alteration resulting from Taraxacum californicum, Poa pratensis has the ability to absorb other urban and recreational development, atropurpurea (Krantz 1981b, Curto entities. Curto (1992) speculated that alteration of hydrological regime, 1992) and other associated native plant this may have been the fate of Poa grazing by livestock and feral burros, taxa. For example, the invasion of the atropurpurea in Laguna Meadow. Mixed hybridization with non-native taxa, and alien Bromus tectorum (cheatgrass) is a or simultaneous collections of both Poa competition from exotic plant species. threat to the Sawmill pebble plain atropurpurea and P. pratensis are found Alternatives to this action were habitat, which supports populations of in herbaria (Curto 1992, Wallace pers. considered but not preferred because Arenaria ursina, Castilleja cinerea, and obs. 1997). This is in contrast to a not listing these species, or listing them Eriogonum kennedyi var. statement by Hirshberg (1994) that P. as threatened, would not provide austromontanum (Neel and Barrows atropurpurea flowers 3 to 4 weeks adequate protection and would not be 1990). Neel and Barrows (1990) also earlier than P. pratensis. consistent with the Act. raised concerns that damaged pebble When a species exists in limited For the reasons discussed below, the plain sites will be taken over by native numbers of individuals, factors that Service finds that Arenaria ursina, pines. Pines can shade out other plants negatively affect the individuals may Castilleja cinerea, Eriogonum kennedyi and the decay of their leaves releases pose more significant threats to the var. austromontanum, and Trichostema nutrients that support additional trees, survival of the species. Poa austromontanum ssp. compactum are further decreasing available pebble atropurpurea, Taraxacum californicum, likely to become endangered within the plain habitat (Neel and Barrows 1990). and Trichostema austromontana ssp. foreseeable future throughout all or a Introduced species are used as forage in compactum face this threat. Poa significant portion of their ranges if San Bernardino and Cleveland National atropurpurea has limited and possibly identified threats are not reduced or Forest grazing allotments. Poa localized distribution of the different eliminated. Threats to these four taxa atropurpurea cannot successfully sexual forms of the species. If one include habitat destruction and compete with non-native grass species sexual form is effectively isolated from alteration from urban development, that are locally abundant by comparison the other, formation of fertile seeds may ORV activity, habitat degradation, (Winter 1991). be precluded and this will likely lead to predation by livestock and feral burros, The dissected nature of the pebble some loss of genetic diversity. Grazing and trampling. The Service has plain complexes maximizes the may eliminate all of the seed crop for determined that threatened rather than potential of edge effects on these the year. The threat of limited numbers endangered status is appropriate for complexes. There are normally low in Taraxacum californicum would these taxa primarily because the FS has 49018 Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations initiated measures that afford some identification of critical habitat can be increase in the numbers of collections of protection to Arenaria ursina, Castilleja expected to increase the degree of such Poa pratensis, commonly mistaken for cinerea, and Eriogonum kennedyi var. threat to the species, or (ii) such Poa atropurpurea (Wallace pers. obs. austromontanum and the State has designation of critical habitat would not 1997). Finally, there was an increase in taken measures to protect Trichostema be beneficial to the species. the numbers of collections of austromontanum. Management Designation of critical habitat would Taraxacum californicum while there activities conducted by the FS (such as likely increase the threat from was no increase in the numbers of fencing, signing, and monitoring various vandalism, noted under Factor A. For collections of the often associated sensitive habitat areas) have reduced the the three pebble plain species, Arenaria introduced taxon T. officinale from the potential for habitat destruction by ursina, Castilleja cinerea, and same areas (Wallace pers. obs. 1997). human activities to the degree that the Eriogonum kennedyi var. The implication is that collectors danger of extinction for these three taxa austromontanum, the publication of specifically sought out the rare T. is not imminent. Measures implemented precise maps and descriptions of critical californicum. It should be noted that by the State to obscure access routes to habitat in the Federal Register would often additional specimens, beyond the only known locality of, and delete make these species more vulnerable to those housed by the home institution, references to Trichostema incidents of vandalism and, therefore, are collected for exchange with other austromontanum ssp. compactum in make recovery more difficult and institutions. The listing of species as recreational literature afford this plant contribute to the decline of these endangered or threatened publicizes some measure of protection. species. Several documented examples their rarity and may make them more Alternatives to this action were of a pattern of intentional destruction of susceptible to collection by researchers considered but not preferred because pebble plains and associated habitats or curiosity seekers (Mariah Steenson not listing these species would not have been cited under Factor A. The pers. comm. 1997). This would likely be provide adequate protection and would San Bernardino National Forest has kept exacerbated by the publication of not be consistent with the Act. In a record of repairs to fences around precise maps and descriptions of critical addition, listing the species as most of the larger pebble plain sites habitat in the Federal Register. endangered would not be appropriate since 1990 (Henderson in litt. 1997). Dissemination of sensitive site locations because the FS and the State of There is a record of persistent trespass can encourage over-collection (M. California have significantly decreased into these fenced areas which have been Bosch, FS in litt. 1997). The Service the danger of extinction of these taxa at variously marked with signs stating feels that publication of precise maps the present time. ‘‘Critical Rare Plant Habitat. No for these species’ locations (i.e., Vehicles.’’ (Neel and Barrows 1990). designation of critical habitat Critical Habitat The incidents recorded generally consist boundaries), coupled with this final Critical habitat is defined in section of entry following the cutting of fence listing rule, would put these species at 3(5)(A) of the Act as: (i) the specific wires but include records of vehicle further risk for over-collection by plant areas within the geographical area access, placement of ‘‘rock art,’’ removal enthusiasts given this well documented occupied by a species, at the time it is of fence wires and fence posts, and history of previous collections. listed in accordance with the Act, on destruction of signage (Henderson, in Enforcement problems could increase which are found those physical or litt. 1997). These records indicate 40 as a result of critical habitat designation biological features (I) essential to the such incidents at the Sawmill pebble because frequent visits to many of the conservation of the species and (II) that plain complex between 1990 and 1997. occurrences are not possible due to may require special management At the north Baldwin Lake site these funding constraints as well as the considerations or protection; and (ii) same records indicate 20 incidents of distances and terrain involved (Neel and specific areas outside the geographical wires having been cut during the period Barrows 1990). The meadow and pebble area occupied by a species at the time 1990 to 1996. Pebble plain areas plain habitats rely, in part, on particular it is listed, upon a determination that occasionally are associated with hydrological conditions and, as a such areas are essential for the meadow sites containing several consequence of the low visit frequency, conservation of the species. sensitive plant species. A specific act of remediation for incidents and ‘‘Conservation’’ means the use of all vandalism was directed at a meadow- vandalism may be too late to prevent methods and procedures that are associated species following the release erosion, devegetation, and other habitat necessary to bring the species to the of location information for populations alterations detrimental to the habitat point at which the measures provided of Sidalcea pedata, a federally listed and the species. pursuant to the Act are no longer species resulted in a legal action suit Arenaria ursina, Castilleja cinerea, necessary. (Krantz, in litt. 1993). Eriogonum kennedyi var. Section 4(a)(3) of the Act, as The threat of over-collection to the austromontanum, Taraxacum amended, and implementing regulations pebble plain and meadow taxa is californicum and Poa atropurpurea (50 CFR 424.12(a)) require that, to the discussed under Factor B. Significant occur on Federal, State and private maximum extent prudent and increases were seen in the number of lands. The first three taxa are co- determinable, the Secretary designate specimens in the collections in a large occurring endemics found primarily on critical habitat concurrently with regional herbarium. Specimens of pebble plain complexes in the San determining a species to be endangered Arenaria ursina, Castilleja cinerea, Bernardino Mountains. Private lands or threatened. The Service finds that Eriogonum kennedyi var. make up portions of four of the eight designation of critical habitat is not austromontanum, as well as the pebble plain complexes that support prudent for these taxa at this time. meadow species Taraxacum Arenaria ursina. Private lands make up Service regulations (50 CFR californicum and Poa atropurpurea, all or portions of 5 of the 13 pebble 424.12(a)(1)) state that designation of were increased subsequent to the plain complexes and other areas that critical habitat is not prudent when one publication of two articles discussing support Castilleja cinerea. Private lands or both of the following situations exist: these taxa and their unique habitats that support Eriogonum kennedyi var. (i) The species is threatened by taking (Wallace pers. obs. 1997). Of particular austromontanum are nearly all or other human activity, and interest is the fact that there was an associated with one, the Big Bear Lake Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations 49019 pebble plain complex, of the seven State to reduce impacts to this highly action). This requirement is in addition pebble plain complexes that support localized taxon. Designation of critical to the section 7 prohibition against this taxon. Private lands make up 8 of habitat would have little benefit to this jeopardizing the continued existence of the 20 occurrences of Taraxacum taxon and would not increase the a listed species, and it is the only californicum in meadow areas of the commitment or management efforts of mandatory legal consequence of a San Bernardino Mountains. Private the State. In fact, designation of critical critical habitat designation. lands make up all or portions of 7 of the habitat would likely be quite Implementing regulations (50 CFR part 18 occurrences in the San Bernardino, detrimental to this taxon. Publishing 402.02) define ‘‘jeopardize the Laguna, and Palomar Mountains of the maps and descriptions of the exact continuing existence of’’ and meadow associated species Poa locality identifies the site as a unique ‘‘destruction or adverse modification of’’ atropurpurea. area which would likely encourage in very similar terms. To jeopardize the Designation of critical habitat would hikers and horseback riders to continuing existence of a species means be of little benefit to occurrences of investigate the vernal pool, the very site to engage in an action ‘‘that reasonably these taxa on State and private lands. that the State has attempted to protect would be expected to reduce Any future Federal involvement, such by removing such map references and appreciably the likelihood of both the as through the permitting process or descriptions. survival and recovery of a listed funding by the U.S. Department of Four of the eight known occurrences species.’’ Destruction or adverse Agriculture, the Corps through section of Arenaria ursina are completely on modification of habitat means an 404 of the Clean Water Act, the U.S. Federal lands, as are portions of the ‘‘alteration that appreciably diminishes Federal Department of Housing and other four occurrences. Eight of the 13 the value of critical habitat for both the Urban Development or the Federal known occurrences of Castilleja cinerea survival and recovery of a listed Highway Administration, would be are on Federal lands, along with species.’’ Common to both definitions is subject to consultation under section 7 portions of another 4. Six of the eight an appreciable detrimental effect to both of the Act (as amended). Federal known occurrences of Eriogonum the survival and the recovery of a listed involvement, where it does occur, can kennedyi var. austromontanum are on species. In the case of adverse be identified without the designation of Federal lands, while portions of two modification of critical habitat, the critical habitat because interagency other occurrences are also on Federal survival and recovery of the species has coordination requirements such as the lands. Ten of the nearly 20 known been appreciably diminished by Fish and Wildlife Coordination Act occurrences of Taraxacum californicum reducing the value to the species’ (FWCA) and section 7 of the Act are are on Federal lands as well as a portion designated critical habitat. An action already in place. When these plant taxa of another. Nine of the 18 known resulting in adverse modification may are listed, activities occurring on all occurrences of Poa atropurpurea are on also jeopardize the continued existence lands under Federal jurisdiction or Federal lands and portions of three of the species concerned. Given the ownership that may adversely affect other occurrences are also on Federal limited range of Trichostema these taxa would prompt the lands. austromontanum ssp. compactum to a requirement for consultation pursuant There would be no benefit from single vernal pool, adverse modification to section 7(a)(2) of the Act and the designating critical habitat for the of the habitat would likely constitute implementing regulations pertaining occurrences on FS (i.e. Federal) lands jeopardy for the taxon. thereto, regardless of whether or not supporting the taxa noted above. The FS The Service acknowledges that critical habitat has been designated. The is aware of the occurrences of this critical habitat designation, in some FWCA, for example, requires that any species on their lands. The San situations, may provide some value to federally funded or permitted water Bernardino National Forest has the species by identifying areas resource development proposal or developed a management plan for important for species conservation and project be consulted on with the Service pebble plain species including Arenaria calling attention to those areas in and State conservation agencies. ursina, Castilleja cinerea, and special need of protection. Critical Designating critical habitat would not Eriogonum kennedyi var. habitat designation of unoccupied create a management plan for these austromontanum. The FS actively habitat may also benefit these species by plant species, or establish numerical conducts management and monitoring alerting permitting agencies to potential population goals for long-term survival activities that include these species and sites for reintroduction and allowing of the species, nor directly effect areas has already fenced all of the larger them the opportunity to evaluate not designated as critical habitat. pebble plain sites to protect them from proposals that may affect these areas. Arenaria ursina, Castilleja cinerea, trespass, ORV use, and grazing. The two However, in this case, the existing sites Eriogonum kennedyi var. meadow taxa, Taraxacum californicum of the listed taxa herein are currently austromontanum, Taraxacum and Poa atropurpurea are monitored to known by the FS and State agencies. If californicum, and Poa atropurpurea a lesser extent. The San Bernardino future management actions include occur on the Baldwin Lake preserve National Forest consults with the unoccupied habitat, any benefit which is administered by the CDFG. Service under section 7 for activities provided by designation of such habitat The CDFG is aware of the occurrences related to other listed taxa in the area as critical will be accomplished more of these taxa on this preserve and and would be subject to similar effectively and efficiently with the currently conducts demographic requirements as a result of this listing. current coordination processes. monitoring of Sidalcea pedata and Designation of critical habitat would not Taking of plants is regulated by the Thelypodium stenopetalum, State and increase the commitment or Act only in cases of—(1) removal and Federal listed taxa, at this site. management efforts of the FS. reduction to possession of federally Trichostema austromontanum ssp. Section 7 of the Act requires that listed plants from lands under Federal compactum occurs only in a wilderness Federal agencies refrain from jurisdiction, or their malicious damage area on State lands with little potential contributing to the destruction or or destruction on such lands; and (2) for Federal involvement. Trails, signage, adverse modification of critical habitat removal, cutting, digging-up, or map notations, and references to the in any action authorized, funded or damaging or destroying in knowing habitat area have been removed by the carried out by such agency (agency violation of any State law or regulation, 49020 Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations including State criminal trespass law. responsible Federal agency must enter species from areas under Federal Designation of critical habitat provides into formal consultation with the jurisdiction. In addition, for plants no additional benefits beyond those that Service. listed as endangered, the Act prohibits these taxa would receive by virtue of Federal agencies expected to have the malicious damage or destruction on their listing as endangered or threatened involvement with section 7 regarding areas under Federal jurisdiction and the species and likely would increase the these species include the FS (through its removal, cutting, digging up, or degree of threat from vandalism, management activities associated with, damaging or destroying of such plants collecting, or other human activities. for example, grazing permits and ORV in knowing violation of any State law or Protection of Arenaria ursina, Castilleja activity), and the Corps and the regulation, including State criminal cinerea, Eriogonum kennedyi var. Environmental Protection Agency trespass law. Seeds from cultivated austromontanum, Taraxacum through their permit authority under specimens of threatened plants are californicum, Poa atropurpurea, and section 404 of the Clean Water Act. The exempt from these regulations provided Trichostema austromontanum ssp. Federal Housing Administration may be that their containers are marked ‘‘Of compactum will be most effectively affected through funding of housing Cultivated Origin.’’ Certain exceptions addressed through the recovery process loans where these species or their to the prohibitions apply to agents of the under section 4 and the consultation habitat occurs. The Federal Highway Service and State conservation agencies. process under section 7 of the Act, and Administration may be affected through It is the policy of the Service, the current interagency coordination potential funding associated with published in the Federal Register on processes. compensation measures relating to July 1, 1994 (59 FR 34272), to increase Given all of the above considerations, future highway construction affecting public understanding of the prohibited the Service finds that designation of these species. The Federal Energy acts that will apply under section 9 of critical habitat for these taxa is not Regulatory Commission may be the Act. Arenaria ursina, Castilleja prudent because the minimal benefit of involved through its permitting cinerea, Eriogonum kennedyi var. such designation would be far authority for utility projects that might austromontanum, Poa atropurpurea, outweighed by the increase of threats potentially affect these taxa. and Taraxacum californicum are known from vandalism, over-collection, or Five of the six plant taxa considered to occur on Federal lands under the other human activities. All Federal and in this rule are found on lands managed jurisdiction of the FS. Collection, State agencies and local planning by the FS. The FS provides a measure damage or destruction of listed species agencies involved have been notified of of protection for all of these taxa. Most on Federal lands is prohibited, except as the location and importance of areas of the Bear Valley are closed to authorized under section 7 or section protecting habitat for these species. fuelwood cutting (SBNF, in litt. 1995). 10(a)(1)(A) of the Act. Such activities on The closure or relocation of some roads non-Federal lands would constitute a Available Conservation Measures associated with fuelwood cutting sites, violation of section 9 of the Act if Conservation measures provided to as well as those that traverse pebble activities were conducted in knowing species listed as endangered or plain sites (Odell 1988) offers some violation of California State law or threatened under the Act include measure of protection for the plant taxa. regulation, or in violation of California recognition, recovery actions, Most of the larger pebble plain sites, State criminal trespass law. requirements for Federal protection, and which support Arenaria ursina, The Service believes that, based upon prohibitions against certain activities. Castilleja cinerea, and Eriogonum the best available information, the Recognition through listing encourages kennedyi var. austromontanum, are following actions will not result in a public awareness and results in protected by fencing to reduce or violation of section 9, provided these conservation actions by Federal, State eliminate incursions by vehicle and activities are carried out in accordance and local agencies, private organizations grazers/browsers. The FS monitors these with existing regulations and permit and individuals. The Act provides for sites, records the type of fence damage requirements: possible land acquisition from willing and repairs the damage as soon as (1) Activities authorized, funded, or sellers and cooperation with the States possible. Completion of the carried out by Federal agencies (e.g., and requires that recovery actions be implementation of the Big Bear Wild grazing management, agricultural carried out for all listed species. The Burro Management Plan will eliminate conversions, wetland and riparian protection required of Federal agencies or significantly reduce impacts from habitat modification, flood and erosion and the prohibitions against certain burro grazing, browsing, and trampling control, residential development, activities involving listed plants are in most pebble plain and meadow sites recreational trail development, road discussed, in part, below. in the Big Bear Valley area, except construction, hazardous material Section 7(a) of the Act requires Broom Flat. containment and cleanup activities, Federal agencies to evaluate their The Act and its implementing prescribed burns, pesticide/herbicide actions with respect to any species that regulations set forth a series of general application, pipelines or utility lines is proposed or listed as endangered or prohibitions and exceptions that apply crossing suitable habitat,) when such threatened and with respect to its to all endangered or threatened plants. activity is conducted in accordance with critical habitat, if any is being All prohibitions of section 9(a)(2) of the any reasonable and prudent measures designated. Regulations implementing Act, implemented by 50 CFR parts 17.61 given by the Service in a consultation this interagency cooperation provision (endangered plants) and 17.71 conducted under section 7 of the Act; of the Act are codified at 50 CFR part (threatened plants), apply. These (2) Casual, dispersed human activities 402. Section 7(a)(2) requires Federal prohibitions, in part, make it illegal for on foot or horseback (e.g., bird agencies to ensure that activities they any person subject to the jurisdiction of watching, sightseeing, photography, authorize, fund, or carry out are not the United States to import or export, camping, hiking); likely to jeopardize the continued transport in interstate or foreign (3) Activities on private lands that do existence of the species or destroy or commerce in the course of a commercial not require Federal authorization and do adversely modify its critical habitat. If a activity, sell or offer for sale in interstate not involve Federal funding, such as Federal action may affect a listed or foreign commerce, or remove and grazing management, agricultural species or its critical habitat, the reduce the species to possession the conversions, flood and erosion control, Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations 49021 residential development, road otherwise prohibited activities 3501 et seq. is required. An information construction, and pesticide/herbicide involving endangered and threatened collection related to the rule pertaining application when consistent with label plants under certain circumstances. to permits for endangered and restrictions; Such permits are available for scientific threatened species has OMB approval (4) Residential landscape purposes and to enhance the and is assigned clearance number 1018– maintenance, including the clearing of propagation or survival of the species. 0094. This rule does not alter that vegetation around one’s personal For threatened plants, permits are also information collection requirement. For residence as a fire break. available for botanical or horticultural additional information concerning The Service believes that the exhibition, educational purposes, or permits and associated requirements for following might potentially result in a special purposes consistent with the threatened species, see 50 CFR 17.32. violation of section 9; however, possible purposes of the Act. It is anticipated violations are not limited to these that few permits would ever be sought References Cited actions alone: or issued because none of these species A complete list of all references cited (1) Unauthorized collecting of the are common in cultivation or common herein is available upon request from species on Federal lands; in the wild. the Carlsbad Field Office (see (2) Application of herbicides violating Questions regarding whether specific ADDRESSES section). label restrictions; activities would constitute violations of Author. The primary authors of this (3) Interstate or foreign commerce and section 9 should be directed to the Field import/export without previously document are Gary D. Wallace, Ph.D., Supervisor of the Service’s Carlsbad Carlsbad Field Office (see ADDRESSES obtaining an appropriate permit. Field Office (see ADDRESSES section). Permits to conduct activities are section) and Edna Rey Vizgirdas, Snake Requests for copies of the regulations River Basin Field Office. available for purposes of scientific concerning listed plants (50 CFR 17.61 research and enhancement of and 17.71) and general inquiries List of Subjects in 50 CFR Part 17 propagation or survival of the species. regarding prohibitions and permits may Intentional collection, damage, or Endangered and threatened species, be addressed to the U.S. Fish and Exports, Imports, Reporting and destruction on non-Federal lands may Wildlife Service, Ecological Services, recordkeeping requirements, be a violation of State law or regulations Endangered Species Permits, 911 N.E. Transportation. or in violation of State criminal trespass 11th Avenue, Portland, Oregon, 97232– law and therefore a violation of section 4181 (telephone 503/231–2063; Regulation Promulgation 9. The Act and 50 CFR 17.62, 17.63, and facsimile 503/231–6243). 17.72 provide for the issuance of Accordingly, the Service amends part permits to carry out otherwise National Environmental Policy Act 17, subchapter B of chapter I, title 50 of prohibited activities involving The Service has determined that the Code of Federal Regulations, as set endangered or threatened plant species Environmental Assessments or forth below: under certain circumstances. Such Environmental Impact Statements, as PART 17Ð[AMENDED] permits are available for scientific defined under the authority of the purposes and to enhance the National Environmental Policy Act of 1. The authority citation for part 17 propagation or survival of the species. 1969, need not be prepared in continues to read as follows: None of the taxa are currently known to connection with regulations adopted be in commercial trade. Intrastate pursuant to section 4(a) of the Act. A Authority: 16 U.S.C. 1361–1407; 16 U.S.C. commerce (commerce within the State) 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– notice outlining the Service’s reasons 625, 100 Stat. 3500, unless otherwise noted. is not prohibited under the Act. for this determination was published in However, interstate and foreign the Federal Register on October 25, 2. Amend § 17.12(h) by adding the commerce (sale or offering for sale 1983 (48 FR 49244). following, in alphabetical order under across State or international boundaries) Flowering Plants, to the List of requires a Federal endangered species Paperwork Reduction Act Endangered and Threatened Plants, to permit. This rule does not contain any read as follows: The Act and 50 CFR 17.62 and 17.63 information collection requirements for for endangered plants and 17.72 for which the Office of Management and § 17.12 Endangered and threatened plants. threatened plants provide for the Budget (OMB) approval under the * * * * * issuance of permits to carry out Paperwork reduction Act, 44 U.S.C. (h) * * *

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

FLOWERING PLANTS

******* Arenaria ursina ...... Bear Valley U.S.A.(CA) ...... CaroyophyllaceaeÐ T 644 NA NA sandwort. Pink.

******* Castilleja cinerea ..... Ash-gray Indian U.S.A.(CA) ...... ScrophulariaceaeÐ T 644 NA NA paintbrush. Figwort.

******* Eriogonum kennedyi Southern mountain U.S.A.(CA) ...... PolygonaceaeÐ T 644 NA NA var. wild buckwheat. Buckwheat. Austromontanum. 49022 Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations

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

******* Poa atropurpurea ..... San Bernardino U.S.A.(CA) ...... PoaceaeÐGrass ..... E 644 NA NA bluegrass.

******* Taraxacum California taraxacum U.S.A.(CA) ...... AsteraceaeÐSun- E 644 NA NA californicum. flower.

******* Trichostema Hidden Lake U.S.A.(CA) ...... LamiaceaeÐMint .... T 644 NA NA austromontanum bluecurls. ssp. compactum.

*******

Dated: September 1, 1998. (Rawhide Hill onion), Carpenteria notice for these six taxa concurrently Jamie Rappaport Clark, californica (carpenteria), Fritillaria with this final rule. This final rule Director, Fish and Wildlife Service. striata (Greenhorn adobe lily), Lupinus discusses the final determination to list [FR Doc. 98–24502 Filed 9–11–98; 8:45 am] citrinus var. deflexus (Mariposa lupine), four species as threatened. Robert Hoover (1938) first described BILLING CODE 4310±55±P Mimulus shevockii (Kelso Creek monkeyflower) and Navarretia setiloba Brodiaea pallida based on specimens (Piute Mountain navarretia) is being collected near Chinese Camp in DEPARTMENT OF THE INTERIOR published concurrently with this final Tuolumne County. Brodiaea pallida is rule. an erect, herbaceous perennial plant Fish and Wildlife Service DATES: This rule becomes effective belonging to the lily family (Liliaceae). October 14, 1998. Brodiaea pallida grows from 50 CFR Part 17 underground bulbs to a height of 1 to 3 ADDRESSES: The complete file for this decimeters (dm) (4 to 12 inches (in)), RIN 1018±AC99 rule is available for public inspection, and has long, narrow, thick, succulent by appointment, during normal business Endangered and Threatened Wildlife leaves. Several to many rose-pink hours at the U.S. Fish and Wildlife flowers appear in an umbrella-like and Plants; Determination of Service, Sacramento Fish and Wildlife Threatened Status for Four Plants cluster at the top of a leafless stem in Office, 3310 El Camino Avenue, Suite late May to early June. Brodiaea pallida From the Foothills of the Sierra Nevada 130, Sacramento, California 95821– Mountains in California grows in association with, and can 6340. hybridize with, B. elegans ssp. elegans AGENCY: Fish and Wildlife Service, FOR FURTHER INFORMATION CONTACT: Ken (Skinner and Pavlick 1994). Brodiaea Interior. Fuller or Dwight Harvey (see ADDRESSES pallida can be distinguished from B. ACTION: Final rule. section) telephone number 916/979– elegans ssp. elegans by the corolla being 2725; facsimile 916/979–2128. constricted mid-way to form a strongly SUMMARY: The U.S. Fish and Wildlife SUPPLEMENTARY INFORMATION: recurved waist, the color of the corolla, Service determines threatened status for and the non-pollen bearing stamens Brodiaea pallida (Chinese Camp Background (staminodia) being held close to the brodiaea), Calyptridium puchellum The U.S. Fish and Wildlife Service stamens. Brodiaea pallida grows in (Mariposa pussypaws), Clarkia (Service) published a proposed rule (59 overflow channels and seeps and springvillensis (Springville clarkia), and FR 50540) to list Brodiaea pallida springs in clays derived from serpentine Verbena californica (California vervain) (Chinese Camp brodiaea) and soils. The Service is not listing hybrids pursuant to the Endangered Species Act Calyptridium puchellum (Mariposa of B. pallida and B. elegans ssp. elegans. of 1973, as amended (Act). These four pussypaws) as endangered, and Clarkia The entire range of B. pallida is a 3 to plants are known from serpentine, clay, springvillensis (Springville clarkia), and 6 meter (m) (10 to 20 feet (ft)) wide and or granitic soils in the southwestern Verbena californica (California vervain) 0.8 kilometer (km) (0.5 mile (mi)) long foothills of the Sierra Nevada Mountains as threatened on October 4, 1994. Also stretch of an intermittent stream in central California. These plants are included in the proposed rule were channel at an elevation of 385 m (1,260 variously threatened by one or more of Lupinus citrinus var. deflexus (Mariposa ft). The entire population of B. pallida the following: urbanization, roadway lupine) and Mimulus shevockii (Kelso is scattered over an estimated 26 maintenance activities, off-highway Creek monkeyflower) as endangered, hectares (ha) (65 acres (ac)) (California vehicle use, recreational placer gold and Allium tuolumnense (Rawhide Hill Natural Diversity Data Base (CNDDB) mining, heavy livestock grazing and/or onion), Carpenteria californica 1997), all of which is privately owned. trampling, and inadequate regulatory (carpenteria), Fritillaria striata Because of the complex nature of B. mechanisms. These species are also (Greenhorn adobe lily), and Navarretia pallida reproduction (spreading via vulnerable to extirpations from random setiloba (Puite Mountain navarretia) to shoots and suckers), the number of events due to small number and size of be listed as threatened. The Service has individuals in the population is populations, and/or small range of the determined that the threats to the latter unknown. Despite purposeful surveys species. A notice of withdrawal of the six taxa are insufficient to warrant for this species in other nearby areas, proposal to list Allium tuolumnense listing, and is publishing a withdrawal the species has been found only at this