37986 Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules money. However, estimated or target DEPARTMENT OF TRANSPORTATION components in the driver’s forward field cost will not be adjusted. of view. Since the nonregulated National Highway Traffic Safety components are not glossy, NHTSA 23. Sections 1830.7002–1 through Administration believes that currently regulated 1830.7002–2 are removed. components would not become glossy if 49 CFR Part 571 they were deregulated. The NPRM PART 1831ÐCONTRACT COST [Docket No. 95±50; Notice 02] stated that public comments must be PRINCIPLES AND PROCEDURES RIN 2127±AF74 received on or before July 26, 1995.

Federal Motor Vehicle Safety Extension of Comment Period 24. Section 1831.205–670 is revised to Standards; Reflecting Surfaces read as follows: AGENCY: National Highway Traffic In a letter dated July 6, 1995, Safety Administration (NHTSA), DOT. Advocates for Highway and Auto Safety 1831.205±670 Evaluation of contractor and subcontractor compensation for service ACTION: Notice of proposed rulemaking (Advocates) petitioned for a 45-day contracts. (NPRM); extension of comment period. extension of the comment period, i.e., until September 11, 1995. Advocates SUMMARY: On June 26, 1995, NHTSA explained that in its view, the NPRM’s (a) The contracting officer shall published a notice of proposed evaluate the reasonableness of employee comment period did not provide enough rulemaking to rescind Federal Motor time to evaluate the proposed rescission compensation in service contracts: Vehicle Safety Standard No. 107, of a safety standard. Advocates cited a Reflecting Surfaces. The NPRM stated desire to investigate the history of (1) Prior to the award of a cost that the comment period ends July 26, reimbursement or noncompetitive fixed- 1995. In response to a petition from an Standard No. 107, including past price type contract which has a total interested party, NHTSA extends the NHTSA actions described in the NPRM. potential value in excess of $500,000, comment period to August 25, 1995. Advocates argued that public interest in and The extension of time is granted to all Standard No. 107 has continued, and persons. extending the public comment period (2) Periodically after award for cost DATES: Comments must be received on ‘‘will enable interested parties to supply reimbursement contracts and or before August 25, 1995. informed comments to the docket.’’ subcontracts, but at least every three ADDRESSES: Comments must refer to NHTSA has decided to grant years. Docket No. 95–50, Notice 1 and be Advocates’ request for an extension of submitted to: Docket Section, Room (b) The contracting officer shall 5109, NHTSA, 400 Seventh Street SW., the public comment period. NHTSA ensure the reasonableness of Washington, DC 20590. It is requested, will extend the comment period an compensation is evaluated for cost but not required, that 10 copies of the additional 30 days, to August 25, 1995. reimbursement and non-competitive comments be provided. The Docket NHTSA has granted the additional time fixed-price type service subcontracts Section is open on weekdays from 9:30 because Advocates has shown good under a prime contract meeting the a.m. to 4 p.m. cause for the extension of time and that criteria in paragraph (a)(1) of this FOR FURTHER INFORMATION CONTACT: Mr. the extension is consistent with the section if: Richard Van Iderstine, Office of Vehicle public interest. The extension of time is Safety Standards, Office of Safety granted to all persons. (1) The subcontract has a total Performance Standards, NHTSA, 400 potential value in excess of $500,000; Seventh Street SW., Washington, DC NHTSA believes that an additional 30 and 20590. Mr. Van Iderstine’s telephone days should be sufficient to examine the number is (202) 366–5280, and his FAX Standard’s rather limited history. Since (2) The cumulative value of all of a number is (202) 366–4329. Standard No. 107 took effect on January subcontractor’s service subcontracts 1, 1968, it has been the subject of little under the prime contract is in excess of SUPPLEMENTARY INFORMATION rulemaking activity. The two most 10 percent of the prime contract’s total Notice of Proposed Rulemaking notable Standard No. 107 rulemaking potential value. On June 26, 1995, NHTSA published proceedings (neither of which resulted in the Federal Register a notice of in amendments to the standard) were (c) The results of the contracting proposed rulemaking (NPRM) (60 FR discussed in NHTSA’s June 26, 1995 officer’s evaluation, including any 32935) to rescind Federal Motor Vehicle NPRM. excessive compensation found and its Safety Standard No. 107, Reflecting Authority: 49 U.S.C. 322, 30111, 30115, planned resolution, shall be addressed Surfaces (49 CFR § 571.107). The in the prenegotiation position 30117, and 30166; delegation of authority at proposed action is part of NHTSA’s 49 CFR 1.50. memorandum, with the final resolution efforts to implement the President’s discussed in the price negotiation Regulatory Reinvention Initiative to Barry Felrice, memorandum. The results of the remove unnecessary regulations. The periodic evaluations of contractor and proposed action discussed why NHTSA Associate Administrator for Safety subcontractor compensation after believes Standard No. 107 can be Performance Standards. contract award shall be documented in rescinded without adversely affecting the contract file. motor vehicle safety. That belief is [FR Doc. 95–18276 Filed 7–24–95; 8:45 am]

based primarily on the vehicle BILLING CODE 4910±59±P [FR Doc. 95–18122 Filed 7–24–95; 8:45 am] manufacturers’ established practice of using nonglossy materials and finishes BILLING CODE 7510±01±M on regulated and nonregulated Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules 37987

DEPARTMENT OF THE INTERIOR (Santa Cruz Island rockcress) are meters (m) (2,125 feet (ft)) (Powers endemic to the Channel Islands of 1980). Due to its proximity to the Fish and Wildlife Service southern California. These three species mainland, the flora of Santa Catalina are restricted primarily to San Clemente Island is very similar to the flora of the 50 CFR Part 17 and Santa Catalina Islands. Cercocarpus mainland (Thorne 1967). Habitats on the RIN 1018±AD37 traskiae is currently found only on island include oak woodlands, Santa Catalina Island and a single plant chaparral, coastal sage scrub, and Endangered and Threatened Wildlife is also known from the Santa Monica grasslands (Minnich 1980). Santa and Plants; Proposed Rule to List Mountains. Lithophragma maximum Catalina is the home of Cercocarpus Three Plants From the Channel Islands and Sibara filifolia occur on San traskiae and a historical locality for of Southern California as Endangered Clemente Island. Sibara filifolia was Sibara filifolia (Thorne 1967). historically found on Santa Cruz and San Clemente Island is the AGENCY: Fish and Wildlife Service, Santa Catalina Islands. southernmost of the Channel Islands in Interior. The Channel Islands are composed of California. Its terrain is marked by a ACTION: Proposed rule. igneous and sedimentary rocks that broad, high, plateau surrounded by have been uplifted and folded by deeply incised cliffs. The highest SUMMARY: The Fish and Wildlife Service tectonic activity (Raven 1963, Thorne elevation on the 145 sq km (56 sq mi) (Service) proposes to list Cercocarpus 1967, Schaffer 1993). The maritime island is 600 m (1,965 ft) (Powers 1980). traskiae (Catalina Island mountain- climate of the islands is characterized Santa Cruz is the largest of the mahogany), Lithophragma maximum by hot, dry summers and mild, wet northern Channel Islands (250 sq km (96 (San Clemente Island woodland-star), winters with periodic severe droughts sq mi)) with a maximum elevation of and Sibara filifolia (Santa Cruz Island and frequent fog (Minnich 1980, 753 m (2,470 ft) (Powers 1980). The rockcress) as endangered throughout Johnson 1980). The archipelago is made island’s north shore is mountainous and their respective ranges on the Channel up of two chains of islands. The rugged; the topography of the southern Islands of southwestern California, Northern Channel Islands include the side is gentle and rolling. The Nature pursuant to the Endangered Species Act islands of San Miguel, Santa Rosa, Santa Conservancy currently owns of 1973, as amended (Act). Cercocarpus Cruz and Anacapa. The Southern approximately 90 percent of Santa Cruz traskiae is found primarily in coastal Channel Islands are San Nicholas, Santa Island. The remainder is owned by the scrub habitats on Santa Catalina Island. Barbara, Santa Catalina and San National Park Service (Schuyler 1980). Lithophragma maximum is found in Clemente islands (Raven 1967). Cercocarpus traskiae was first rock crevices within coastal bluff scrub The Channel Islands are rich in described by Alice Eastwood (1898) on San Clemente Island. Sibara filifolia endemic species as a result of their based on a specimen collected by is found on talus slopes in coastal scrub geographic isolation. A number of Blanche Trask in 1897. Dunkle (1940) on San Clemente Island. These plants species have persisted on the islands, reduced the rank of C. traskiae to a are threatened by a variety of factors although their mainland counterparts variety of C. betuloides. Although including grazing, competition from have been extirpated by climatic change Martin (1950) subsequently transferred non-native plant species, erosion, and other factors over geologic time this taxon to a variety of C. montanus, hybridization, stochastic events, and the (Raven 1963). The decline of endemic Munz (1959) retained it as C. betuloides inadequacy of existing regulations. This species, including the three plants var. traskiae. Munz (1968) later elevated proposed rule, if made final, would under consideration herein, began C. betuloides var. traskiae to C. traskiae. implement the Federal protection and before thorough botanical studies on the Murray (1982) changed the rank of this recovery provisions under the Act for islands were completed. Their original taxon to a subspecies of C. betuloides; these three species. range and distribution is speculative however, the name C. traskiae has been DATES: Comments from all interested because their original habitats are now retained by both Munz (1974) and Lis parties must be received by October 9, dominated by non-native plants. (1993). 1995. Public hearing requests must be Although these islands have been Cercocarpus traskiae, a member of the received by September 25, 1995. occupied by humans for at least 10,000 rose family (Rosaceae), is an evergreen shrub or small tree that blooms from ADDRESSES: Comments and materials years, non-native plants have only March to May. The flowers lack petals concerning this proposal should be sent become naturalized on the islands since and occur in clusters of 4 to 10. The to the Field Supervisor, U.S. Fish and their introduction by Euro-Americans hypanthium (floral structure derived Wildlife Service, Carlsbad Field Office, during the last 200 years (Dr. Mark from the fused lower portions of petals, 2730 Loker Avenue West, Carlsbad, Raab, California State University, sepals, and stamens) is densely white- California 92008. Comments and Northridge, pers. comm. 1994). woolly, and is approximately 7 to 14 materials received will be available for Overgrazing and trampling of native millimeters (mm) (0.5 inch (in.)) long public inspection, by appointment, vegetation by domestic animals (Lis 1993). The fruit is an achene with during normal business hours at the facilitated the spread of these non- a persistent plumose style, which dries above address. native plants (Raven 1963, Raven 1967, Thorne 1967, Philbrick 1980). Severe in a spiral, typical of the genus. The FOR FURTHER INFORMATION CONTACT: Gail erosion resulting from overgrazing was leathery, clustered leaves are simple, Kobetich, Field Supervisor, at the above exacerbated by a series of droughts in serrate (toothed), and range from 2.5 to address (telephone 619/431–9440; the 1860’s, the first of several periods of 6 centimeters (cm) (1 to 2.5 in.) long. facsimile 619/431–9624). severe vegetation and soil stripping on The upper surface of the leaf is glabrous SUPPLEMENTARY INFORMATION: the islands (Johnson 1980). (smooth); the undersurface is densely Santa Catalina Island is the largest of white-woolly. Cercocarpus betuloides Background the southern Channel Islands, var. blancheae, a relatively common Cercocarpus traskiae (Catalina Island measuring 194 square kilometers (sq endemic on the island, is considered to mountain-mahogany), Lithophragma km) (75 square miles (sq mi)) in area. be distinct from C. traskiae (Eastwood maximum (San Clemente Island The terrain is rugged and mountainous, 1898, Cole and Lu 1979). It is woodland-star), and Sibara filifolia with a maximum elevation of 648 differentiated by its strigose (stiff, sharp, 37988 Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules appressed) hairs on the undersides of 1979). Although it was not recognized The type location for Sibara filifolia is the leaves and on the floral tube. In by Taylor (1965), L. maximum was on Santa Cruz Island (Greene 1887a). It addition, the leaves of C. betuloides var. retained by Munz (1968, 1974) and was last seen in 1936 and was not blancheae are not leathery (Eastwood Elvander (1993). relocated during the 1985 survey of 1898, Lis 1993). Lithophragma maximum is a member Santa Cruz Island (CNDDB 1993). It is Cercocarpus traskiae is one of of the saxifrage family (Saxifragaceae) thought to have once been common as California’s rarest trees. It is endemic to and blooms from April to June. It is a well as wide ranging, since it was a particular soil type, derived from rhizomatous, perennial herb with two or collected on two distant islands, Santa sausserite gabbro parent material (Gaye three stout flowering stems from 40 to Catalina and Santa Cruz. Blanche Trask 1991), and is only found in Wild Boar 60 cm (16 to 24 in.) high. Each flower- collected S. filifolia in 1901 on Santa Gully, a steep-sided, narrow arroyo bearing stem produces 20 or more Catalina Island where she reported it to located on southwestern Santa Catalina white, campanulate (bell-shaped) be common in two locations (Thorne Island (Thorne 1967). Cercocarpus flowers, each about 1 cm (0.5 in.) in 1967). Its extirpation on Santa Cruz traskiae occurs in a coastal sage scrub length (Bacigalupi 1963). The leaves are Island was brought about rapidly by containing Eriogonum fasciculatum palmately compound and arise from the intensive browsing of feral goats (California buckwheat), Salvia mellifera base on slender petioles 15 cm (6 in.) (Hochberg et al. 1980b). (black sage), and Rhus integrifolia long. Lithophragma maximum is Sibara filifolia had never been known (lemonade berry). All of the habitat differentiated from other Lithophragma to occur on San Clemente Island occupied by C. traskiae on Santa by its compound trifoliate leaves (Munz (Oberbauer, in litt. 1980) until 1986 Catalina Island is owned by The Santa 1968, Elvander 1993). when it was discovered in two locations Catalina Island Conservancy (a private Lithophragma maximum was thought near Pyramid Head by Mitchell organization), which manages 86 to be extinct until it was rediscovered in Beauchamp (Beauchamp 1987). percent of the land on the island. 1979 by Mitchell Beauchamp Previously, it was thought to be extinct. About 40 or 50 individuals of (Bacigalupi 1979). The number of plants The extent of its original range on San Cercocarpus traskiae were identified on the island at Bryce Canyon has Clemente Island is unknown. from Wild Boar Gully when this taxon declined from between 12 and 15 plants Sibara filifolia presently exists solely was originally discovered (Eastwood (Beauchamp 1980) to 9 plants since its on a sea terrace on the southern part of 1898). The population has since been rediscovery (Beauchamp 1987, Mistretta San Clemente Island, near Pyramid reduced to 11 mature trees (Cole and Lu 1992). Three of the 15 plants originally Head. It grows on volcanic rock scree 1979, Gaye 1991). The Santa Catalina discovered are believed to remain at the (talus) in association with Opuntia Island Conservancy has planted C. bottom of Eagle Canyon (Kellogg and prolifera (cholla), Selaginella bigelovii traskiae seedlings in Campo Blanco Kellogg 1993). Both locations are deeply (spike-moss), and Lotus argophyllus Canyon, Ironwood Grove, and the Santa incised canyons on the northeast side of (birds-foot trefoil) (CNDDB 1993, Catalina Island Nature Center in the island. Sixteen additional plants Beauchamp 1987). This area receives cooperation with the California were found in Near Death Canyon in the highest amount of solar radiation on Department of Fish and Game (Gaye, 1990. However, less than 30 individuals the island (Kellogg, pers. comm. 1994), pers. comm. 1994). of the species are known to exist which conflicts with records of In 1993, a single individual of (California Natural Diversity Data Base historical localities indicating that S. Cercocarpus traskiae was discovered in (CNDDB) 1993, Mistretta 1992). filifolia ‘‘is to be sought in shady places the Santa Monica Mountains by David Sibara filifolia was first collected by on the northward slope [on Santa Cruz Carroll (Rieseberg and Swensen 1994; E.L. Greene in 1886 and described Island]’’ (Greene 1887a). There are 400 Loren Rieseberg, geneticist, Indiana under the name Cardamine filifolia or 500 of these plants currently located State University, pers. comm. 1993; (Greene 1887a). Greene (1887b) later on San Clemente Island. Others are David Carroll, botanist, Carroll and transferred it to Arabis filifolia. He expected to be found on cool, north- Associates, Topanga, California, pers. proposed the new genus Sibara in 1896 facing cliff faces, perhaps at China comm. 1994). Although additional and transferred A. filifolia to Sibara Canyon (Beauchamp, pers. comm. individuals may exist in the Santa filifolia (Greene 1896). Sibara filifolia 1994). However, the presence of S. Monica Mountains, this taxon is not has been retained by Munz and Keck filifolia at this location has yet to be likely to be widespread. It may (1959), Munz (1968, 1974), and Rollins verified. represent a remnant of an ancestral or (1993). sister population of C. traskiae, or a Sibara filifolia is a slender annual Previous Federal Action hybrid between C. traskiae and the herb of the mustard family Federal government action on two of mainland variety, C. betuloides var. (Brassicaceae) that blooms from March the plant taxa considered in this rule betuloides (Rieseberg and Swensen to April (Hochberg et al. 1980b). It is 13 began as a result of section 12 of the 1994). This individual may indicate a to 38 cm (5 to 15 in.) tall. The flowers Endangered Species Act of 1973, which formerly widespread distribution of are pink to purplish with spoon-shaped directed the Secretary of the ancestral stock (Raven 1963). However, petals 3 to 6 mm (1/8 to 1/4 in.) in Smithsonian Institution to prepare a it is also possible that this tree was length. The pinnately compound leaves report on those plants considered to be planted (L. Rieseberg, pers. comm. are 2.5 to 5 cm (1 to 2 in.) long, with endangered, threatened or extinct. This 1993). Additional data or information narrow linear lobes. The fruit is a report, designated as House Document on this particular occurrence is being slender pod (celiac), 1.5 to 3 cm (3/5 to No. 94–51, and presented to Congress solicited. 1 in.) long, that contains many wingless on January 9, 1975, recommended Lithophragma maximum was first seeds. Sibara filifolia is differentiated Cercocarpus traskiae and Lithophragma collected by Mrs. Nell Murbarger in from S. virginica, which has white to maximum (as L. maxima) for 1936 on San Clemente Island. It was pinkish petals and narrowly winged endangered status and Sibara filifolia as originally described as Lithophragma seeds, and from S. rosulata and S. threatened. The Service published a maxima by Rimo Bacigalupi (1963). The deserti, which have white petals. notice in the July 1, 1975, Federal specific epithet was later changed from Neither S. rosulata nor S. deserti occur Register (40 FR 27823), of its acceptance L. maxima to L. maximum (Bacigalupi on the Channel Islands (Munz 1974). of the report as a petition within the Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules 37989 context of section 4(c)(2) (now section this finding was published in the pigs continued to increase. A goat and 4(b)(3)(A)) of the Act, and of the Federal Register on January 20, 1984 pig management program has reduced Service’s intention to review the status (49 FR 2485). Such a finding requires the number of feral herbivores that of the plant taxa named therein, the petition to be recycled, pursuant to threaten native plant species but the including C. traskiae, L. maximum and section 4(b)(3)(C)(i) of the Act. The threat still remains (see Factor C) (Dave S. filifolia. The Service published a petition was reviewed in October of Garcelon, depredation control biologist, proposal in the June 16, 1976, Federal 1984, 1985, 1986, 1987, 1988, 1989, Institute For Wildlife, Santa Catalina Register (41 FR 24523) to determine 1990, 1991, 1992, and 1993. Publication Island, pers. comm. 1994; Gaye, pers. approximately 1,700 vascular plants to of this proposal constitutes the final comm. 1994). be endangered species pursuant to finding for these three plant taxa. Pigs continue to degrade the habitat of section 4 of the Act. Cercocarpus Summary of Factors Affecting the Cercocarpus traskiae on Santa Catalina traskiae and L. maximum were also Species Island by preventing surface litter from included in this Federal Register notice. accumulating. Surface litter holds This list contained only proposed Section 4 of the Endangered Species moisture and seeds on the steep slopes. endangered species; therefore, Sibara Act (16 U.S.C. 1533 et seq.) and Pigs also create a network of bare trails filifolia was not included on the list. regulations (50 CFR 424) promulgated to with compacted soils. The vegetation General comments received in implement the listing provisions of the loses its tiered, overlapping structure response to the 1976 proposal were Act set forth the procedures for adding because shrubs become isolated by summarized in an April 26, 1978, species to the Federal lists. A species surrounding trails (Gaye, pers. comm. Federal Register (43 FR 17909) notice. may be determined to be an endangered 1994). A noticeable increase in surface The Endangered Species Act or threatened species due to one or more litter and a corresponding increase in amendments of 1978 required all of the five factors described in section seedlings of all types have been 4(a)(1). These factors and their proposals over 2 years old to be observed since the numbers of pigs and application to Cercocarpus traskiae withdrawn, although a 1-year grace goats have declined, but trails and bare Eastwood (Catalina Island mountain- period was given to those proposals. In soil are still common (Gaye, pers. mahogany), Lithophragma maximum the December 10, 1979, Federal Register comm. 1994). (44 FR 70796), the Service published a Bacigalupi (San Clemente Island The San Clemente Island Sheep and notice of withdrawal for that portion of woodland-star), and Sibara filifolia Wool Company leased that island from the June 16, 1976, proposal that had not Greene (Santa Cruz Island rockcress) are the U.S. Government from 1877 to 1934 been made final, along with four other as follows: (Raven 1963). The island’s ownership proposals that had expired. A. The present or threatened The Service published a Notice of destruction, modification, or was subsequently transferred to the Review for plants in the Federal curtailment of their habitat or range. Department of Defense (Navy). The Register on December 15, 1980 (45 FR Destruction of habitat by feral animals island is currently used as an artillery 82480). This notice listed the status of has caused long-term impacts to the practice range and as a ship-to-shore Cercocarpus traskiae and Lithophragma structure of the habitat on all the bombing area (Kellogg and Kellogg maximum as Category 1 candidate taxa Channel Islands. Loss of habitat for 1994). Goats were present on San (species for which data in the Service’s endemic species was precipitated by Clemente Island prior to 1827 (Dunkle possession are sufficient to support a defoliation from overgrazing, the loss of 1950). Although the Navy eliminated proposal for listing) and also added topsoil, and formation of incised sheep grazing in 1934, the goat Sibara filifolia to the list as a Category canyons due to increased erosion population proliferated (Kellogg and 1* candidate taxon (species for which (Kellogg and Kellogg 1994). The loss of Kellogg 1994). In addition, the Service data indicate likely extinction). soil organic matter and reduction of soil California Department of Fish and Game The status of the three species remained nutrient cycling and water-holding introduced pigs to the island in 1951 unchanged until the Notice of Review capacity promoted the invasion of non- and mule deer in 1962. Populations of for plants published in the Federal native plants. feral pigs and goats ranged between Register on February 21, 1990, when The decline of the native flora of 15,000 and 25,000. The Navy removed Sibara filifolia was changed to Category Santa Catalina Island began with the all feral goats and pigs by 1991, in an 1 status following its rediscovery on San proliferation of introduced herbivores effort to preserve endemic flora and Clemente Island. (Thorne 1969). Goats were introduced to fauna (Clark Winchell, biologist, Navy, Section 4(b)(3)(B) of the Endangered the island as early as 1807 (Misty Gaye, Department of Natural Resources, pers. Species Act of 1973, as amended in naturalist, Catalina Island Conservancy, comm. 1994). 1982, requires the Secretary to make pers. comm. 1994). Goats are known to The decline of Santa Cruz Island’s findings on pending petitions within 12 consume coarse vegetation such as flora, including extirpated populations months of their receipt. Section 2(b)(1) shrubs and trees, including Cercocarpus of Sibara filifolia, is primarily due to of the 1982 amendments further traskiae (Coblentz 1980). Sheep overgrazing by sheep and other non- requires that all petitions pending on ranching became important on the native herbivores. Sheep, cattle, horses, October 13, 1982, be treated as having island in the 1850’s (Minnich 1980). and pigs were introduced to Santa Cruz been newly submitted on that date. This Sheep eat herbaceous vegetation that Island (Steve Junak, herbarium curator, was the case for Cercocarpus traskiae would have included Sibara filifolia. Santa Barbara Botanic Gardens, pers. and Lithophragma maximum because Other non-native herbivores introduced comm. 1994). The population of sheep the 1975 Smithsonian report had been to Santa Catalina Island included pigs, has ranged from between 20,000 and accepted as a petition. On October 13, bison, and deer. Pigs uprooted seedlings 50,000 or more (Schuyler 1980, 1983, the Service found that the and impacted both S. filifolia and C. Brumbaugh 1980). Cycles of defoliation petitioned listing of these species was traskiae (Thorne 1969; Gaye, pers. and erosion are evident in the warranted, but precluded by other comm. 1994). Although the Santa stratigraphic studies of deposits from pending listing proposals of higher Catalina Island Company eliminated debris slides and correlate with the priority, pursuant to section sheep grazing in the 1950’s (Thorne introduction of sheep to the island and 4(b)(3)(B)(iii) of the Act. Notification of 1969), the population of feral goats and periods of drought (Brumbaugh 1980). 37990 Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules

Most feral herbivores have been increase in deer populations might section 21000 et seq.) requires that the removed but pigs remain (see Factor C). reverse this trend. Although the potential environmental impacts of B. Overutilization for commercial, perimeter fencing along Wild Boar Gully proposed projects be disclosed to the recreational, scientific, or educational limits the access of deer and goats to public. The public agency with primary purposes. Due to its extreme rarity, Cercocarpus, it does not entirely authority or jurisdiction over the project Cercocarpus traskiae may become exclude them (Gaye 1988). is designated as the lead agency, and is vulnerable to collecting by curiosity Sibara filifolia was apparently responsible for conducting a review of seekers as a result of increased publicity extirpated from Santa Cruz Island by the project and consulting with the following the publication of a listing overgrazing (Hochberg et al. 1980b). other agencies concerned with the proposal. Overutilization is not known Although some areas have been fenced, resources affected by the project. to be applicable for Lithophragma sheep and pigs continue to re-invade Section 15065 of the CEQA Guidelines maximum and Sibara filifolia. Both these areas and their numbers appear to requires a finding of significance if a species occur on San Clemente Island, be increasing. It is possible that Sibara project has the potential to ‘‘reduce the where public access is restricted by the filifolia could be rediscovered on Santa number or restrict the range of a rare or Navy. Cruz Island; however, grazing by non- endangered plant or animal.’’ Once C. Disease or predation. Feral native animals may prevent its re- significant effects are identified, the herbivores continue to threaten the establishment (Steve Junak, pers. comm. lead agency may either require survival of Cercocarpus traskiae on 1994). mitigation or determine that ‘‘overriding Santa Catalina Island and the possible D. The inadequacy of existing social and economic considerations’’ reappearance of Sibara filifolia on Santa regulatory mechanisms. Existing make mitigation infeasible (California Catalina and Santa Cruz Islands. Non- regulatory mechanisms that could Public Resources Code, Guidelines, native mule deer (Odocoileus hemionus) provide some protection for these section 15093). In the latter case, and goats (Capra hircus) consume species include: (1) Listing under the projects may be approved that cause endemic plants including Cercocarpus California Endangered Species Act significant environmental damage, such traskiae. Severe browsing may kill (CESA); (2) the California as destruction of endangered plant plants directly and prevent successful Environmental Quality Act (CEQA) and species or their habitat. Small projects reproduction of surviving individuals the National Environmental Policy Act on private lands, such as road building (Thorne 1969; Gaye, pers. comm. 1994). (NEPA); (3) conservation provisions or fence installation, often qualify for an The decline of Cercocarpus traskiae is under section 404 of the Federal Clean exemption under CEQA known as a primarily due to grazing by feral goats Water Act (CWA) and section 1603 of ‘‘negative declaration.’’ These projects and pigs (Sus scrofa). They nearly the California Fish and Game Code; (4) do not require a full environmental extirpated this taxon by the early 1970’s occurrence with other species protected assessment. Consequently, take of (Gaye, pers. comm. 1994). Fencing was by the Federal Endangered Species Act endangered species could result because installed around the last two or other Federal laws; and (5) local laws the existence of the plant at the project individuals known to exist at that time and regulations. site may have been overlooked. (Rieseberg 1991). This fencing was The California Fish and Game Like CEQA, the National improved to exclude pigs in 1985, and Commission has listed Cercocarpus Environmental Policy Act (NEPA) perimeter fencing was added to limit traskiae and Lithophragma maximum as requires disclosure of the environmental access by other non-native animals endangered under the Native Plant effects of projects under Federal (Gaye 1991). As a result, seedling counts Protection Act (NPPA) (Division 2, jurisdiction. Sibara filifolia and increased from 1 in 1984 to 55 in 1986 chapter 10, section 1900 et seq. of the Lithophragma maximum are found on and 74 seedlings in 1987 (CNDDB 1993, California Fish and Game Code) and the San Clemente Island, which is federally Gaye 1988). In 1994, however, a total of California Endangered Species Act owned. However, the Service’s only 54 seedlings was found (Gaye, (CESA) (Division 3, chapter 1.5, section comments through NEPA’s pers. comm. 1994). Most of the C. 2050 et seq.). Listing by the State of environmental review processes are traskiae trees do not have individual California requires individuals to obtain only advisory. Project proponents are pig-proof fencing around them and the a memorandum of understanding with not required to avoid impacts to these perimeter fencing does not exclude pigs the California Department of Fish and species, and proposed mitigation (Gaye, pers. comm. 1994). Pigs are Game (CDFG) to possess or ‘‘take’’ a measures are frequently not adequately limiting the recovery of C. traskiae listed species. Although both statutes implemented. seedlings because they uproot new prohibit the ‘‘take’’ of State-listed plants Section 1603 of the California Fish seedlings while searching for bulbs. (chapter 10, section 1908 and chapter and Game Code authorizes the Approximately 2,000 pigs remain on 1.5, section 2080, California Fish and Department of Fish and Game to Santa Catalina Island. The Santa Game Code), State law appears to regulate streambed alteration. The Catalina Island Conservancy pig exempt the taking of such plants via Department must be notified and removal program is keeping the habitat modification or land use change approve any work that substantially populations from increasing (Dave by the landowner. After the CDFG diverts, alters, or obstructs the natural Garcelon, pers. comm. 1994). notifies a landowner that a State listed flow or substantially changes the bed, Although managers for the Santa plant occurs on his or her property, channel, or banks of any river, stream, Catalina Island Conservancy have State law requires only that the or lake. If an existing fish or wildlife removed more than 8,000 goats from the landowner notify the agency ‘‘at least 10 resource may be substantially adversely island, 300 to 400 goats remain on the days in advance of changing the land affected by a project, CDFG must submit island. Populations of introduced mule use to allow salvage of such plant’’ proposals to protect the species within deer are increasing, now that goat (Chapter 10, section 1913, California 30 days. However, if the Department populations have been reduced Fish and Game Code). Sibara filifolia is does not respond within 30 days of (Garcelon, pers. comm. 1994). Reduced not State-listed and has no protection notification, the applicant may proceed predation by goats has resulted in under these laws. with the work. successful basal sprouting of The California Environmental Quality Section 404 of the Clean Water Act Cercocarpus traskiae, but a continued Act (CEQA) (Public Resources Code, authorizes the U.S. Army Corps of Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules 37991

Engineers (Corps) to regulate the herbivores. Although managers of San of mature hybrids as a means of discharge of dredged or fill materials Clemente Island have removed preserving the species (Rieseberg et al. into waters of the United States (33 CFR herbivores from the island, natural 1989). parts 230–330). Waters of the United threats and impacts from activities such Stochastic (random) events threaten States include navigable and other as fires, bombing, and bulldozing the continued existence of Cercocarpus waters, their headwaters (streams with continue (Kellogg, pers. comm. 1994). traskiae, Lithophragma maximum, and an average annual flow of less than 5 E. Other natural or manmade factors Sibara filifolia by virtue of their small cubic feet per second), and wetlands affecting their continued existence. As a population sizes and limited (either adjacent to other waters or consequence of habitat degradation on distribution. The limited gene pool may isolated). Section 404 regulations the islands, the proportion of invasive depress reproductive vigor, or a single require that applicants obtain an exotic plant species to native and human-caused or natural environmental individual permit for projects that do endemic species has increased. On San disturbance could destroy a significant not meet the terms and conditions of Clemente Island, 98 species are exotic percentage of the remaining individuals. any available Nationwide permits (33 (Kellogg and Kellogg 1994), compared to Cercocarpus traskiae is known from CFR part 330). Projects that qualify for 1886 when Lyon’s ‘‘Flora of our only 2 populations with 12 mature authorization under Nationwide Permit southwestern archipelago’’ listed only individuals. Two populations 26 (NWP 26) will adversely impact 0.40 10 exotic plant species (Lyon 1886). comprising fewer than 30 individuals of to 4.0 hectares (1 to 10 acres) of isolated Naturalized exotics have permanently L. maximum are known to exist. Sibara or headwater wetlands, and cause only altered the species composition of filifolia is known from only 1 minimal environmental impacts. These natural communities and increased population of 400 to 500 individuals. projects can usually be permitted with competition with native species. Non- The Service has carefully assessed the minimal environmental review by the native plants have invaded native best scientific and commercial Corps. Projects that qualify for habitat and removed niches for rare and information available regarding the past, authorization under NWP 26 and that sensitive species (Hochberg et al. present, and future threats faced by affect less than 0.41 hectares (1 acre) of 1980a). The abundance of exotic plants these species in determining to propose isolated waters or headwaters may continues to adversely affect the island’s this rule. Based on this evaluation, the proceed without notifying the Corps. endemic plant species and contributes preferred action is to list Cercocarpus Evaluation of impacts of such projects is to their slow recovery from predation by traskiae, Sibara filifolia, and thus precluded under the section 404 feral animals prior to their removal in Lithophragma maximum as endangered. permit process, although an individual 1991 (Kellogg and Kellogg, 1993). The Two of the species are known from permit may be required by the Corps if disparity between the reported habitat fewer than 30 individuals. All three species are known from no more than projects otherwise qualifying under of Sibara filifolia on shady north-facing two populations. The three species are NWP 26 would have greater than slopes and its present habitat on grass- threatened by one or more of the minimal environmental impacts. The free, south-facing slopes suggests that following: degradation of habitat and Corps, however, is generally reluctant to grasses may prevent the expansion of S. predation by feral animals, competition withhold authorization under NWP 26 filifolia into otherwise suitable habitat with exotic plant species, erosion, unless the existence of a federally listed (Green 1887a; Kellogg, pers. comm. hybridization, and inadequacy of threatened or endangered species would 1994). Lithophragma maximum is thought to existing regulatory mechanisms. Small be jeopardized. Candidate species have existed on the plateau area of San population size and limited distribution receive no special consideration under Clemente Island before the invasion of make these species particularly section 404, regardless of the type of non-native grasses (Kellogg, pers. comm. vulnerable to extinction and/or reduced permit deemed necessary. Thus, these 1994). The remaining habitat of L. reproductive vigor from stochastic three taxa currently receive insufficient maximum persists only within steep events. Because these species are in protection under section 404. canyons. Erosion threatens not only the danger of extinction throughout all or a Cercocarpus traskiae and Lithophragma individual plants but the entire habitat significant portion of their ranges, they maximum may grow in gullies and that supports them. During the winter of fit the definition of endangered as canyons that may be regulated as 1979–1980, ‘‘large portions of canyon defined in the Act. Critical habitat is not jurisdictional waterways under section walls were observed to have sloughed being proposed for these species at this 404 of the CWA or section 1603 of the off taking large numbers of endemic time for reasons discussed below. California Fish and Game Code. These plants with them’’ (Beauchamp and Critical Habitat waterways do not have running water Ferguson 1980). most of the year and plants could be Fires related to military activities, Critical habitat is defined in section 3 damaged when project planners fail to drought, and erosion have contributed of the Act as: (i) the specific areas recognize that a section 404 or section to the decline of Lithophragma within the geographical area occupied 1603 permit is required for the intended maximum, Sibara filifolia, and other by a species, at the time it is listed in action. species endemic to San Clemente Island accordance with the Act, on which are The location of extant populations of (Kellogg and Kellogg 1994). found those physical or biological these three species does not coincide Cercocarpus traskiae is threatened by features (I) essential to the conservation with that of federally listed plant hybridization with the locally common of the species and (II) that may require species on the islands. Therefore, C. betuloides var. betuloides. Because special management considerations or Federal protection under the Act does only 12 mature individuals of C. protection; and (ii) specific areas not currently extend to the species being traskiae are known to exist, genetic outside the geographical area occupied proposed (Kellogg and Kellogg 1994; swamping of the species would be the by a species at the time it is listed, upon Gaye, pers. comm. 1994). Local laws probable outcome of hybridization. The a determination that such areas are and regulations are currently providing uniqueness of the species would be essential for the conservation of the inadequate protection for these species. compromised or lost due to the influx species. ‘‘Conservation’’ means the use Laws prohibiting ‘‘take’’ of native plants of variability from the larger population. of all methods and procedures needed do not protect them from feral Rieseberg has recommended elimination to bring the species to the point at 37992 Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules which listing under the Act is no longer Due to the limited, insular range of import or export, transport in interstate necessary. Sibara filifolia and Lithophragma or foreign commerce in the course of a Section 4(a)(3) of the Act, as maximum, designation of critical commercial activity, sell or offer for sale amended, and implementing regulations habitat would not provide any in interstate or foreign commerce, or (50 CFR 424.12) require that, to the additional benefit to them. remove and reduce the species to maximum extent prudent and possession from areas under Federal Available Conservation Measures determinable, the Secretary designate jurisdiction. In addition, for plants critical habitat at the time the species is Conservation measures provided to listed as endangered, the Act prohibits determined to be endangered or species listed as endangered or the malicious damage or destruction on threatened. Service regulations (50 CFR threatened under the Act include areas under Federal jurisdiction and the 424.12(a)(1)) state that designation of recognition, recovery actions, removal, cutting, digging up, or critical habitat is not prudent when one requirements for Federal protection, and damaging or destroying of such plants or both of the following situations exist: prohibitions against certain practices. in knowing violation of any State law or (1) The species is threatened by taking Recognition through listing results in regulation, including State criminal or other human activity, and public awareness and conservation trespass law. Certain exceptions to the identification of critical habitat can be actions by Federal, State, and local prohibitions apply to agents of the expected to increase the degree of such agencies, private organizations, and Service and State conservation agencies. threat to the species; or (2) such individuals. The Act provides for The Act and 50 CFR 17.62 and 17.63 designation of critical habitat would not possible land acquisition and also provide for the issuance of permits be beneficial to the species. cooperation with the States and requires to carry out otherwise prohibited The Service finds that designation of that recovery plans be developed for all activities involving endangered plants critical habitat is not prudent at this listed species. The protection required under certain circumstances. Such time for Cercocarpus traskiae. All of Federal agencies and the prohibitions permits are available for scientific known populations of this species are against certain activities involving listed purposes and to enhance the on privately owned lands with little or plants are discussed, in part, below. propagation or survival of the species. It no Federal involvement. The additional Section 7(a) of the Act, as amended, is anticipated that few trade permits protection of critical habitat is achieved requires Federal agencies to evaluate would ever be sought or issued for these through Federal agency consultation their actions with respect to any species species since they are not in cultivation under section 7 of the Act. The Santa that is proposed or listed as endangered or common in the wild. Catalina Island Conservancy is aware of or threatened and with respect to its It is the policy of the Service, the presence of the species, supports the critical habitat, if any is being published in the Federal Register (59 proposal to list the species, and is designated. Regulations implementing FR 34272) on July 1, 1994, to identify currently working to protect the this interagency cooperation provision to the maximum extent practicable at population. Therefore the designation of of the Act are codified at 50 CFR part the time a species is listed those critical habitat for C. traskiae would not 402. Section 7(a)(4) requires Federal activities that would or would not appreciably benefit the species. agencies to confer with the Service on constitute a violation of section 9 of the Additionally, maps published in the any action that is likely to jeopardize Act. The intent of this policy is to Federal Register giving precise the continued existence of a species increase public awareness of the effect locations of populations of C. traskiae, proposed for listing or result in of this listing on proposed and ongoing as required for designation of critical destruction or adverse modification of activities within the species’ range. habitat, may increase incidents of proposed critical habitat. If a species is Sibara filifolia and Lithophragma vandalism or collection of this species listed subsequently, section 7(a)(2) maximum are known to occur on lands by collectors or curiosity seekers. requires Federal agencies to ensure that under the jurisdiction of the Navy. The Service also determines that activities they authorize, fund, or carry Collection, damage, or destruction of designation of critical habitat is not out are not likely to jeopardize the listed species on these lands is prudent for Sibara filifolia or continued existence of the species or prohibited, although in appropriate Lithophragma maximum. Extant destroy or adversely modify its critical cases a Federal endangered species populations of these two species occur habitat. If a Federal action may affect a permit may be issued to allow on Federal lands managed by the Navy listed species or its critical habitat, the collection. Such activities on non- and are subject to section 7 consultation responsible Federal agency must enter Federal lands, as would be the case for and recovery planning under the Act. into consultation with the Service. Cercocarpus traskiae, would constitute San Clemente Island is owned by the The U.S. Army Corps of Engineers a violation of section 9, if activities were Navy and contains the only known would be involved through their conducted in knowing violation of State populations of these two species (with permitting authority under section 404 law or regulations or in violation of the exception of one mainland of the CWA. The Navy owns San State criminal trespass law. The Service individual of Lithophragma maximum). Clemente Island and administers lands is not aware of any otherwise lawful The present range of Sibara filifolia is containing Sibara filifolia and activities currently being conducted or within the ship to shore bombing area Lithophragma maximum and proposed by the public that would be on San Clemente Island. Section 7 authorizes, funds, or otherwise conducts affected by this listing and result in a consultation (50 CFR 402 subpart B) activities that may affect these species. violation of section 9. requires that Federal agencies confer The Act and its implementing Questions regarding whether specific with the Service to evaluate the regulations set forth a series of general activities would constitute a violation of potential impacts of any federally prohibitions and exceptions that apply section 9 should be directed to the Field executed, funded, or authorized actions to all endangered plants. All Supervisor of the Service’s Carlsbad on listed and proposed species or prohibitions of section 9(a)(2) of the Act, Field Office (see ADDRESSES section). critical habitat. Listing of these two implemented by 50 CFR 17.61, apply. Requests for copies of the regulations species as endangered would ensure These prohibitions, in part, make it concerning listed plants and general that consultation occurs and potential illegal for any person subject to the inquiries regarding prohibitions and impacts to the species are considered. jurisdiction of the United States to permits may be addressed to the U.S. Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules 37993

Fish and Wildlife Service, Ecological Final promulgation of the regulations Carlsbad Field Office (see ADDRESSES Services, Endangered Species Permits, on these species will take into section). 911 N.E. 11th Avenue, Portland, Oregon consideration the comments and any Author. The primary author of this 97232–4181 (telephone 503/231–2063; additional information received by the document is Debra Kinsinger, Carlsbad Field facsimile 503/231–6243). Service, and such communications may Office (see ADDRESSES section). lead to a final regulation that differs Public Comments Solicited List of Subjects in 50 CFR Part 17 from this proposal. The Service intends that any final The Endangered Species Act provides Endangered and threatened species, action resulting from this proposal will for one or more public hearings on this Exports, Imports, Reporting and be as accurate and as effective as proposal, if requested. Requests must be recordkeeping requirements, and possible. Therefore, comments or received by September 25, 1995. Such Transportation. suggestions from the public, other requests must be made in writing and concerned governmental agencies, the addressed to the Field Supervisor of the Proposed Regulation Promulgation scientific community, industry, or any Carlsbad Field Office (see ADDRESSES Accordingly, the Service hereby other interested party concerning this section). proposes to amend part 17, subchapter proposed rule are hereby solicited. National Environmental Policy Act B of chapter I, title 50 of the Code of Comments particularly are sought Federal Regulations, as set forth below: concerning: The Fish and Wildlife Service has (1) Biological, commercial trade, or determined that Environmental PART 17Ð[AMENDED] other relevant data concerning any Assessments or Environmental Impact threat (or lack thereof) to Sibara filifolia, Statements, as defined under the 1. The authority citation for part 17 Lithophragma maximum, and authority of the National Environmental continues to read as follows: Cercocarpus traskiae; Policy Act of 1969, need not be Authority: 16 U.S.C. 1361–1407; 16 U.S.C. (2) The location of any additional prepared in connection with regulations 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– populations of these species and the adopted pursuant to section 4(a) of the 625, 100 Stat. 3500, unless otherwise noted. reasons why any habitat should or Endangered Species Act of 1973, as should not be determined to be critical amended. A notice outlining the 2. Section 17.12(h) is amended by habitat as provided by section 4 of the Service’s reasons for this determination adding the following, in alphabetical Act; was published in the Federal Register order under FLOWERING PLANTS, to (3) Additional information concerning on October 25, 1983 (48 FR 49244). the List of Endangered and Threatened the range, distribution, and population Plants, to read as follows: size of these species; and References Cited (4) Current or planned activities in the A complete list of all references cited § 17.12 Endangered and threatened plants. subject area and their possible impacts herein is available upon request from * * * * * on these species. the U.S. Fish and Wildlife Service, (h) * * *

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

FLOWERING PLANTS

******* Cercocarpus Catalina Island U.S.A. (CA) ...... Rosaceae ...... E ...... NA NA traskiae. mountain-mahog- any.

******* Lithophragma maxi- San Clemente Is- U.S.A. (CA) ...... Saxifragaceae ...... E ...... NA NA mum. land woodland- star.

******* Sibara filifolia ...... Santa Cruz Island U.S.A. (CA) ...... Brassicaceae ...... E ...... NA NA rockcress.

*******

Dated: July 5, 1995. 50 CFR Part 17 SUMMARY: The U.S. Fish and Wildlife Mollie H. Beattie, Service (Service) proposes endangered RIN 1018±AD39 Director, Fish and Wildlife Service. status pursuant to the Endangered [FR Doc. 95–18241 Filed 7–24–95; 8:45 am] Endangered and Threatened Wildlife Species Act of 1973, as amended (Act), BILLING CODE 4310±55±P and Plants; Proposed Rule for 16 Plant for 16 plant taxa from the northern Taxa From the Northern Channel Channel Islands, California: Arabis Islands, California hoffmannii (Hoffmann’s rock-cress), Arctostaphylos confertiflora (Santa Rosa AGENCY: Fish and Wildlife Service, Island manzanita), Berberis pinnata ssp. Interior. insularis (island barberry), Castilleja ACTION: Proposed rule. mollis (soft-leaved paintbrush), Dudleya