Federal Register / Vol. 68, No. 55 / Friday, March 21, 2003 / Notices 13943

Dated: Dated: March 12, 2003. 44810). At the time, T. macronata was bottom of our priority list. Since 1998, John C. Weicher, known to exist only as a single higher priority work has not allowed us Assistant Secretary for Housing—Federal population found at its type locality (the to examine or act upon the petition to Housing Commissioner. location where it was first discovered) at delist T. mucronata. Olcott Lake, in Solano County, CA. We [FR Doc. 03–6744 Filed 3–20–03; 8:45 am] Discussion BILLING CODE 4210–27–P proposed critical habitat for T. mucronata, and 10 other The petition cited our 1993 Fiscal , on September 24, 2002 Year Budget Justification as its DEPARTMENT OF THE INTERIOR (67 FR 59884). mucronata is an supporting information that the species obligate vernal pool annual species. should be removed from the List of Fish and Wildlife Service The petition to delist Tuctoria Endangered and Threatened Wildlife mucronata, dated February 3, 1997, was and based on data error. The Endangered and Threatened Wildlife submitted by Rob Gordon, representing 1993 Fiscal Year Budget Justification and Plants; 90-day Finding on a the National Wilderness Institute. The stated that we would evaluate those Petition To Delist petition requested we remove T. species identified as approaching the (Solano grass) mucronata from the List of Endangered majority of their recovery objectives. and Threatened Wildlife and Plants Tuctoria mucronata was identified as AGENCY: Fish and Wildlife Service, based upon data error. one of 33 species approaching its Interior. Section 4(b)(3)(A) of the ESA (16 recovery objectives, as found in our ACTION: Notice of 90-day petition U.S.C. 1531 et seq.) requires that we December 1990 Report to Congress: finding. make a finding on whether a petition to Endangered and Threatened Species SUMMARY: We, the U.S. Fish and list, delist, or reclassify a species Recovery Program. The 1993 Fiscal Year Wildlife Service (Service), announce a presents substantial scientific or Budget Justification identified the need 90-day finding for a petition to remove commercial information indicating that to evaluate those species, including T. Tuctoria mucronata (Solano grass), the petitioned action may be warranted. mucronata, and determine the throughout its range, from the Federal We base the finding on all information appropriateness of delisting them based list of threatened and endangered available to us at the time the finding is on status surveys. species, pursuant to the Endangered made. To the maximum extent Our Delta Green Ground Beetle and Species Act of 1973, as amended (ESA). practicable, we make this finding within Solano Grass Recovery Plan (Service 1985) states that recovery will be We reviewed the petition and 90 days of receipt of the petition, and achieved by protecting the known supporting documentation, information promptly publish notice of the finding population of the species and by in our files, and other available in the Federal Register. If we find that establishing three additional, secure information, and find that there is not substantial information was presented, populations within the two protected substantial information indicating that we are required to promptly commence large vernal lakes and their watersheds delisting of T. mucronata may be a review of the status of the species, if in the vicinity of the Jepson Prairie warranted. We will not be initiating a one has not already been initiated (50 Preserve. Recovery would be achieved further status review in response to the CFR 424.14). The factors for listing, delisting, or when these populations are secure and petition to delist. We ask the public to reclassifying species are described at 50 sustainable for a period of 15 submit to us any new information that CFR 424.11. We may delist a species consecutive years. Given that Tuctoria becomes available concerning the status only if the best scientific and mucronata was last seen in 1993 at its of this species. This information will commercial data available substantiate original location when four individual help us monitor and encourage the that it is neither endangered nor plants were present, we are concerned conservation of this species. threatened. Delisting may be warranted that the population is possibly DATES: The finding announced in this as a result of: (1) Extinction; (2) extirpated from its type locality. A document was made on February 5, recovery; or (3) a determination that the second population of T. mucronata was 2003. You may submit new information original data used for classification of discovered on private lands in 1985, concerning this species for our the species as endangered or threatened and another population of T. mucronata consideration at any time. were in error. was discovered in 1993 on a former U.S. ADDRESSES: Data, information, written In response to the petitioner’s request Air Force Base communication facility comments and materials, or questions to delist Tuctoria mucronata, we sent a that is being transferred to the Yolo concerning this petition and finding letter to the petitioner on June 29, 1998, County Parks Department. Several should be submitted to the Field explaining our inability to act upon the thousand individual plants of T. Supervisor, Sacramento Fish and petition due to low priorities assigned to mucronata were seen at this site in Wildlife Office, U.S. Fish and Wildlife delisting petitions in accordance with 2000. We do not have sufficient Service, 2800 Cottage Way, Room W– our Listing Priority Guidance for Fiscal additional populations protected in 2605, Sacramento, CA 95825. The Year 1997, which was published in the enough preserves specifically petition finding and supporting data are Federal Register on December 5, 1996 established for protection and available for public inspection, by (61 FR 64475). That guidance identified management of the species or protected appointment, during normal business delisting activities as the lowest priority under conservation easements and hours at the above address. (Tier 4). Due to the large number of managed for the conservation of the FOR FURTHER INFORMATION CONTACT: Ken higher priority listing actions and a species to meet our recovery objectives. Fuller, Botanist, at the above address, or limited listing budget, we did not The petitioner also stated that ‘‘other telephone 916/414–6645. conduct any delisting activities during new scientific information gathered SUPPLEMENTARY INFORMATION: the Fiscal Year 1997. On May 8, 1998, since the time of listing which is in we published the Listing Priority possession of the Service,’’ supports Background Guidance for Fiscal Years 1998–1999 in delisting due to data error. However, the We listed Tuctoria mucronata as an the Federal Register (63 FR 25502) and, petition did not identify this new endangered species in 1978 (43 FR again, placed delisting activities at the scientific information. In addition, the

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petitioner did not include any detailed Solano Grass Recovery Plan. U.S. Fish which is also available for public narrative justification for the delisting or and Wildlife Service, Portland, review. provide information regarding the status Oregon. 68 pp. DATES: Written comments should be of the species over all or a significant Author received on or before April 21, 2003. portion of its range or include any ADDRESSES: The primary author of this document Comments should be persuasive supporting documentation addressed to the Field Supervisor, Fish for the recommended administrative is Ken Fuller, Botanist, Sacramento Fish and Wildlife Office, U.S. Fish and and Wildlife Service, Sacramento Fish measure to delist Tuctoria mucronata. and Wildlife Office, 2800 Cottage Way, Wildlife Service (see ADDRESSES While we have identified two additional W–2605, Sacramento, 95825. section). populations since we listed the species, Written comments may be sent by these two populations do not meet the Authority facsimile to (916) 414–6711. recovery plan criteria for downlisting or FOR FURTHER INFORMATION CONTACT: Ms. delisting; in addition, the original The authority for this action is the Vicki Campbell, Chief, Conservation population appears to be extirpated. We Endangered Species Act of 1973 as Planning Division, Sacramento Fish and have found no evidence or data in our amended (16 U.S.C. 1531 et seq.). Wildlife Office; telephone: (916) 414– files or in the petition that indicates a Dated: February 5, 2003. 6600. data error was committed in listing T. Steve Williams, SUPPLEMENTARY INFORMATION mucronata or that otherwise supports Director, Fish and Wildlife Service. the petitioned action. [FR Doc. 03–6793 Filed 3–20–03; 8:45 am] Availability of Documents Threats to Tuctoria mucronata BILLING CODE 4310–55–P include alteration of hydrology, Individuals wishing copies of the excessive livestock grazing, recreational application, Plan, and EAS should immediately contact the Service by uses, and competition from non-native DEPARTMENT OF THE INTERIOR plants (California Natural Diversity telephone at (916) 414–6600 or by letter Database 2002). As of 1999, the status of Fish and Wildlife Service to the Sacramento Fish and Wildlife T. mucronata is declining (California Office. Copies of the Plan, and EAS also Department of Fish and Game 2001). Draft Low Effect Habitat Conservation are available for public inspection, Thus, we do not possess any data that Plan for the Folsom Professional during regular business hours, at the suggest T. mucronata was listed in Centre, Sacramento County, CA Sacramento Fish and Wildlife Office error, and the species has not achieved (see ADDRESSES); Catlin Properties, 3620 AGENCY: Fish and Wildlife Service, sufficient recovery objectives to be Fair Oaks Blvd., Suite 150, Sacramento, Interior. considered for either downlisting to California 95864; and City of Folsom, threatened status or delisting. ACTION: Notice of availability. Planning, Zoning, and Development Department, 50 Natomas Street, Folsom, Finding SUMMARY: Catlin Folsom Crossing, L.P. California 95630–2696. (the ‘‘applicant’’) has applied to the Fish We have reviewed the petition and its and Wildlife Service (Service) for a 3- Background Information supporting documentation, information year incidental take permit for one in our files, and other available Section 9 of the Act and its covered species pursuant to section information. We find that there is not implementing Federal regulations 10(a)(1)(B) of the Endangered Species substantial information indicating that prohibit the take of animal species listed Act of 1973, as amended (Act). The delisting of Tuctoria mucronata may be as endangered or threatened. Take is application addresses the potential for warranted. defined under the Act as harass, harm, ‘‘take’’ of the threatened valley pursue, hunt, shoot, wound, kill, trap, Information Solicited elderberry longhorn beetle capture or collect listed animal species, When we find that there is not (Desmoncerus californicus dimorphus) or attempt to engage in such conduct (16 substantial information indicating that (beetle) associated with construction of U.S.C. 1538). However, under section the petitioned action may be warranted, a two-story office condominium 10(a) of the Act, we may issue permits initiation of a status review is not building within a 5.59-acre to authorize incidental take of listed required by the ESA. However, we undeveloped parcel located on Blue species. ‘‘Incidental take’’ is defined by regularly assess the status of species Ravine Road, in Folsom, Sacramento the Act as take that is incidental to, and listed as threatened or endangered and County, California. This project is not the purpose of, carrying out an welcome any information concerning known as the Folsom Professional otherwise lawful activity. Regulations the status of Tuctoria mucronata. Centre. A conservation program to governing incidental take permits for Submit any information at any time to minimize and mitigate for the project threatened and endangered species, the Field Supervisor, Sacramento Fish activities would be implemented as respectively, are found in the Code of and Wildlife Office (see ADDRESSES). described in the Folsom Professional Federal Regulations at 50 CFR 17.22 and Centre Low Effect Habitat Conservation 50 CFR 17.32. References Cited Plan (Plan), which would be The applicant is seeking a permit for California Department of Fish and implemented by the applicant. take of the beetle during the life of the Game. 2001. The Status of Rare, We are requesting comments on the permit. This species is referred to as the Threatened and Endangered Animals permit application and on the ‘‘covered species’’ in the Plan. and Plants of California. 226 pp preliminary determination that the Plan The project encompasses construction California Natural Diversity Database. qualifies as a ‘‘Low-effect’’ Habitat of a two-story office building and 2002. An electronic database hosted Conservation Plan, eligible for a parking lot on the 5.59-acre project site. by the California Department of Fish categorical exclusion under the National The building would consist of and Game, Habitat Conservation Environmental Policy Act (NEPA) of individual condominium office units. Division, Sacramento California 1969, as amended. The basis for this The resident elderberry shrubs would be U.S. Fish and Wildlife Service. 1985. determination is discussed in the removed to accommodate the new office Delta Green Ground Beetle and Environmental Action Statement (EAS), building and parking lot. The project

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