Federal Register/Vol. 63, No. 77/Wednesday, April 22, 1998

19842 Federal Register / Vol. 63, No. 77 / Wednesday, April 22, 1998 / Rules and Regulations

The agency also wishes to make it believes that the correcting amendment DEPARTMENT OF THE INTERIOR clear that where Standard 201, or other to S8.12(a)(1) resolved this issue and Federal motor vehicle safety standards, that further rulemaking is not required. Fish and Wildlife Service do not address a specific test condition, AAMA also suggested that the vehicles must comply in all 50 CFR Part 17 existing definition of the forehead circumstances consistent with impact zone is in error. In its petition, RIN 1018±AD35 anticipated use of the vehicle by occupants. Multiple impacts to one AAMA recommended that in S8.10(d), Endangered and Threatened Wildlife component are an example of a the word ‘‘vertical’’ be replaced with and Plants; Determination of circumstance that might be encountered ‘‘horizontal’’ as it refers to a plane along Threatened Status for One Plant, in a crash. NHTSA may therefore test the contour of the outer skin of the Arctostaphylos pallida (Pallid Manzanita), single components with multiple forehead of the FMH. S8.10(d) specifies From the Northern Diablo Range of impacts when performing compliance the procedure for locating the upper California testing under Standard 201. boundary of the forehead impact zone The AAMA petition also requests that by directing that a line be drawn along AGENCY: Fish and Wildlife Service, the agency rectify an apparent conflict the contour of the headform and Interior. involving the procedure for locating through a point on a vertical line in the ACTION: Final rule. CG–F by use of the ‘‘seating reference midsagittal plane of the FMH so that the SUMMARY: The Fish and Wildlife Service point (SgRP).’’ The SgRP is a single line is bisected by that point. This line (Service) determines threatened status point which establishes the rearmost is described as being coincident to a for Arctostaphylos pallida (pallid normal design driving or riding vertical plane, while the procedure for position. In Standard No. 201, manzanita) pursuant to the Endangered locating the lower horizontal boundary, Species Act of 1973, as amended (Act). S8.12(a)(1) uses SgRP with the seat in its found in S8.10(c), specifies that the rearmost normal design or driving This plant species is found only in the lower boundary line be coincident to a position to locate the rearmost CG–F northern Diablo Range of California in horizontal plane. AAMA’s belief that (CG–F2). The forwardmost CG–F (CG– Alameda and Contra Costa Counties. F1) is, according to S8.12(a)(2), located the use of the vertical plane in S8.10(d) The primary threats to the species are horizontally forward of CG–F2 by the is in error may be premised on the use the effects of fire suppression, and distance equal to the fore and aft of the horizontal plane in S8.10(c) for shading and competition from native distance of the seat track. Because locating a similar line. However, at the and alien plants. To a lesser extent, the S8.12(a)(2) describes CG–F1 as the head point where the upper boundary of the species is threatened by disease, center of gravity with the seat in its forehead impact zone is located, the herbicide spraying, hybridization, and forwardmost adjustment position, contours of the FMH are such that the the ongoing effects of habitat loss and AAMA believes that S8.12 implies that use of a horizontal plane for locating the fragmentation. This rule implements the the reference point to be used is not upper boundary would result in the Federal protection and recovery SgRP, which is a single point, but rather forehead impact zone extending along provisions afforded by the Act for this the design H-point, which can occupy a the sides of the FMH. NHTSA has species. number of points according to the seat determined that the use of a vertical DATES: Effective May 22, 1998. adjustment. In its petition, AAMA plane in describing this procedure is ADDRESSES: The complete file for this suggested that a conflict existed and more appropriate. Use of a horizontal rule is available for public inspection, requested that it be resolved. plane to describe the forehead impact by appointment, during normal business When the August 1995 final rule was zone would include part of the side of hours at the U.S. Fish and Wildlife published, NHTSA was requested to the head in the forehead impact zone. Service, Sacramento Field Office, 3310 change the reference point from the El Camino, Suite 130, Sacramento, CA SgRP to the H-point. The agency Based on the foregoing, NHTSA 95821–6340. explained in the preamble of the April denies the AAMA and ASC petitions. FOR FURTHER INFORMATION CONTACT: 1997 final rule that a change of the Authority: 49 U.S.C. 30103, 30162; Dwight Harvey, at the above address or reference point is not necessary. This is delegation of authority at 49 CFR 1.50 and by telephone (916/979–2725). because the only point used for locating 501.8. SUPPLEMENTARY INFORMATION: CG–F1 and CG–F2 is the single SgRP. Issued on: April 10, 1998. The agency notes that, prior to a recent Background correcting amendment published on Ricardo Martinez, January 2, 1998 (63 FR 27), S8.12(a)(1) Administrator . Arctostaphylos pallida (pallid incorrectly specified that C–-F2 should [FR Doc. 98–10674 Filed 4–21–98; 8:45 am] manzanita) is found only in the be located with the seat in its rearmost BILLING CODE 4910±59±P northern Diablo Range of California. The adjustment position rather than the Diablo Range is part of the inner South rearmost normal design driving or Coast Range of California. The Diablo riding position. As the SgRP only exists Range extends in a northwest to in the latter position and not the former, southeast direction as a more or less AAMA and others could have continuous mountain chain, 32 to 48 reasonably concluded that NHTSA kilometers (km) (20 to 30 miles (mi)) intended that the design H-point rather wide, for approximately 300 km (190 than the SgRP be used to locate CG–F1 mi) from San Pablo Bay in central and CG–F2. The reference in S8.12(a)(2) California to Polonio Pass in northeast to the seat being in its forwardmost San Luis Obispo County. The altitude of adjustment position to assist in the Diablo Range varies from 600 to describing CG–F1 may have created 1,280 meters (m) (2,000 to 4,200 feet (ft)) further opportunities for and is broken by four or five east to west misunderstanding. However, the agency passes. These passes divide the Diablo Federal Register / Vol. 63, No. 77 / Wednesday, April 22, 1998 / Rules and Regulations 19843

Range into several distinct units: Contra Sobrante Ridge in Contra Costa County. C in the ‘‘Summary of Factors Affecting Costa Hills, Mt. Diablo, Mt. Hamilton The remaining occurrences, all located the Species’’ section below. Range, Panoche Hills, San Carlos Range, in Alameda or Contra Costa Counties, Many of the smaller populations and Estrella Hills (Sharsmith 1982). are all small, and most have fewer than occur in coastal scrub (Brad Olson, Arctostaphylos pallida occurs in the ten individuals. Of the 13 documented California Native Plant Society, in litt. Contra Costa Hills section of the Diablo occurrences of A. pallida, six are 1994). These occurrences of Range. considered to be declining, while the Arctostaphylos pallida are all small Portions of the Diablo Range are trend of the remaining seven is with few individuals and their long thought to have been surrounded by uncertain or unknown (CNDDB 1997). term viability is questionable. The marine embayments since the middle One of the latter populations has fewer largest is estimated to have 65 Miocene era, when modern flora and than 50 plants and was planted outside individuals, some of which were fauna were developing (Sharsmith of its native habitat, where its long-term planted (CNDDB 1997). Several other 1982). Much of the surface of the Diablo survival is not likely (CNDDB 1997). occurrences were also planted, and Range is composed of rock in the Two other occurrences are considered to many small populations are located Franciscan series. The soils formed from have been planted (CNDDB 1997). along roadcuts where plants appear to Franciscan rock are believed to partially The species is found from 200 to 445 have established naturally after the soil control the present distribution of plant m (656 to 1,460 ft) in elevation, was disturbed (Amme et al. 1986). Some species in the Diablo Range (Sharsmith primarily on thin soils composed of of these occurrences have only one or 1982). Arctostaphylos pallida seems to chert and shale (Amme and Havlik several individuals and are in poor prefer to grow in limited locations of the 1987a). Generally, the plants are found condition (CNDDB 1997). Many of these East Bay Hills on north and east facing in Arctostaphylos dominated chaparral smaller populations are shaded by slopes where bare, siliceous, mesic soils that is often surrounded by oak planted and naturalized Pinus radiata with low fertility exist (Amme and woodlands and coastal shrub (Amme et and Cupressus spp. (Amme and Havlik Havlik 1987a). al. 1986). The two largest occurrences 1987a). Shading and competition are Alice Eastwood described occupy a total area of 12 hectares (ha) discussed in more detail under factor E Arctostaphylos pallida in 1933 from (29 acres (ac)) (Amme et al. 1986). These below in the ‘‘Summary of Factors specimens collected in 1902 by W.W. two populations are found in maritime Affecting the Species’’ section below. Carruth in the ‘‘East Oakland Hills,’’ an chaparral, a habitat with mesic More than half of the remaining area believed to be Huckleberry Ridge in environmental conditions due to a habitat for the species, including both Alameda and Contra Costa Counties, maritime influence. The smaller of the large populations and numerous smaller California. A. pallida is a member of the two, at Sobrante Ridge, has the least populations, occur on lands owned by A. andersonii complex, a group of human impact of all known the East Bay Regional Park District Arctostaphylos species found in central populations. It had an estimated 1,700 (EBRPD)(Brad Olson, EBRPD, in litt. coastal California. Though McMinn to 2,000 plants in the mid-1980s and the 1997). Other small populations occur on reduced the taxon to a variety of A. status and vigor of the plants appeared lands owned by the East Bay Municipal andersonii in 1939, Wells (1993) treated good (Amme et al. 1986, Amme and Utility District (EBMUD), the City of it as A. pallida. Hovik 1987). The population remains in Oakland, Pacific Gas and Electric power Arctostaphylos pallida is an upright, good shape and, although some line easements, or on other privately non-burl-forming shrub in the heath management is needed, the potential for owned lands (B. Olson, in litt. 1994, family (Ericaceae). Arctostaphylos long term viability is high (David Robert Nuzum, EBMUD, in litt. 1997). pallida grows from 2 to 4 m (6.5 to 13.0 Amme, pers. comm. 1997, Neil Havlik, The primary threats to Arctostaphylos ft) high or more with rough, gray or pers. comm. 1997). The Sobrante Ridge pallida are the effects of fire reddish bark. The twigs are bristly. The site has more open space than other suppression, and shading and ovate to triangular leaves are bristly, occurrences and recruitment of competition from native and alien strongly overlapping, and clasping; they Arctostaphylos pallida is taking place in plants. To a lesser extent, the species is are 2.5 to 4.5 centimeters (cm) (1.0 to 1.8 areas with bare and exposed gravel threatened by disease, herbicide inches (in.)) long and 2 to 3 cm (0.8 to (Steve Edwards, Tilden Botanic Garden, spraying, hybridization, and the ongoing 1.2 in.) wide. The dense, white flowers pers. comm. 1997). effects of habitat loss and fragmentation. are urn-shaped and 6 to 7 millimeters The largest known population of Previous Federal Action (mm) (0.2 to 0.3 in.) long. The flowering Arctostaphylos pallida occurs at period is from December to March. Huckleberry Ridge, although an Federal government actions on the The overall current range of estimated 50 percent of the original species began as a result of section 12 Arctostaphylos pallida is similar to that habitat at this site has either been of the Endangered Species Act of 1973, known at the time the species was developed for housing or is privately as amended (16 U.S.C. 1531 et seq.), described in 1933. The extant owned. Development eliminated a large which directed the Secretary of the populations of this species are thought number of A. pallida plants and Smithsonian Institution to prepare a to be smaller, however, due to habitat fragmented the remaining habitat at this report on those plants considered to be destruction and fragmentation by site (Amme and Havlik 1987b, B. Olson, endangered, threatened, or extinct in the urbanization (B. Olson, in litt. 1994). in litt. 1994). An estimated 2,400 to United States. This report, designated as Although A. pallida occupies most of its 2,700 plants were present in this House Document No. 94–51, was historic range, local habitat destruction population during the mid 1980s presented to Congress on January 9, due to residential development has (Amme et al. 1986). A fungal infection 1975. This document included resulted in losses of up to 50 percent in during the early 1980s resulted in Arctostaphylos pallida (as some locations along Manzanita Way in branch and stem dieback in over 50 Arctostaphylos andersonii var. pallida) the Oakland Hills (B. Olson, in litt. percent of the plants at Huckleberry as endangered. The Service published a 1994). Only two large populations are Ridge, and the condition of the notice in the July 1, 1975, Federal known, one at Huckleberry Ridge, the population was described as poor Register (40 FR 27823) of its acceptance presumed type locality in Alameda and (Amme and Havlik 1987c). Disease is of the report of the Smithsonian Contra Costa Counties, and the other at discussed in further detail under factor Institution as a petition within the 19844 Federal Register / Vol. 63, No. 77 / Wednesday, April 22, 1998 / Rules and Regulations context of section 4(c)(2) (petition petitions pending on October 13, 1982, State and Federal agencies and provisions are now found in section be treated as having been newly representatives, City and County 4(b)(3) of the Act) and its intention submitted on that date. This was the governments, scientific organizations, thereby to review the status of the plant case for Arctostaphylos pallida because and other interested parties were taxa named therein. The above taxon the 1975 Smithsonian report had been contacted and requested to comment. was included in the July 1, 1975, notice. accepted as a petition. On October 13, Newspaper notices were published in On June 16, 1976, the Service published 1983, the Service found that the the Daily Review (Hayward, California), a proposal in the Federal Register (42 petitioned listing of this species was the Ledger Dispatch and the Brentwood FR 24523) to determine approximately warranted but precluded by other News (Antioch, California), and the 1,700 vascular plant species to be pending listing actions, in accordance Oakland Tribune on August 9, 1995, endangered species pursuant to section with section 4(b)(3)(B)(iii) of the Act; which invited public comment. No 4 of the Act. The list of 1,700 plant taxa notification of this finding was public comments or requests were was assembled on the basis of published on January 20, 1984 (49 FR received during this public comment comments and data received by the 2485). Such a finding requires the period. Work on the final rule to list Smithsonian Institution and the Service petition to be recycled annually, Arctostaphylos pallida as a threatened in response to House Document No. 94– pursuant to section 4(b)(3)(C)(i) of the species was suspended due to the 51 and the July 1, 1975, Federal Act. The finding was reviewed annually moratorium. After the moratorium was Register publication. Arctostaphylos from October of 1983 through 1993. lifted in April 1996, the public comment pallida was included in the June 16, Publication of the proposed rule to list period was reopened on February 27, 1976, publication. A. pallida as a threatened species on 1997, for 30 days to update the General comments received in August 2, 1995 (60 FR 39309) proposed listing (62 FR 8417). In relation to the 1976 proposal were constituted the final warranted finding accordance with Service policy (59 FR summarized in the April 26, 1978, for this species. 34270), four independent specialists Federal Register (43 FR 17909). The The processing of this final rule were solicited to review pertinent Endangered Species Act Amendments conforms with the Service’s listing scientific or commercial data and of 1978 required that all existing priority guidance published in the assumptions relative to the proposed proposals over 2 years old be Federal Register on December 5, 1996 rule. No response was received from the withdrawn. A 1-year grace period was (61 FR 64475) and the extension of the four independent specialists. given to those proposals already more guidance published in the Federal In a letter dated March 25, 1997, Mr. than 2 years old. In a December 10, Register on October 23, 1997 (62 FR Brad Olsen of the East Bay Regional 1979, notice (44 FR 70796), the Service 55268). The guidance clarifies the order Park District requested that the withdrew the June 6, 1976, proposal in which the Service will process listing comment period be reopened an that had not been made final, along with actions following two related events: (1) additional time because all affected and four other proposals that had expired. The lifting, on April 26, 1996, of the interested parties and agencies may not The Service published an updated moratorium on final listings imposed on have had sufficient time to convey Notice of Review for plants on April 10, 1995 (Pub. L. 104–6), and (2) important information pertaining to all December 15, 1980 (45 FR 82480). This the restoration of funding for listing the known Arctostaphylos pallida notice included Arctostaphylos pallida through passage of Omnibus Budget populations. The notice opening the as a Category 1 candidate species for Reconciliation law on April 26, 1996, additional comment period was Federal listing. Category 1 were those following severe funding constraints published in the Federal Register (62 taxa for which the Service had on file imposed by a number of continuing FR 24388) on May 5, 1997. The public sufficient information to support resolutions between November 1995 comment period closed on June 4, 1997. issuance of proposed listing rules. On and April 1996. The guidance calls for Comments were solicited from an November 28, 1983, the Service giving highest priority to handling additional eight experts pertaining to— published a supplement to the Notice of emergency situations (Tier 1) and (1) The known or potential effects of fire Review (48 FR 53640). This supplement second highest priority (Tier 2) to suppression and general fire changed this taxon from Category 1 to resolving the listing status of management practices on the pallid Category 2. Category 2 species were outstanding proposed listings. A lower manzanita and its habitat, (2) other those taxa for which the Service had priority is assigned to resolving the biological, commercial, or other relevant information indicating that listing may conservation status of candidate species data on any threats (or the lack thereof) be warranted but for which it lacked and processing administrative findings to the species; and (3) the size, number, sufficient information on status and on petitions to add species to the lists or distribution of populations of the threats to support issuance of listing or reclassify species from threatened to species. rules. The plant notice was revised on endangered status (Tier 3). The lowest During the last two comment periods, September 27, 1985 (50 FR 39526). priority actions are in Tier 4, a category the Service received a total of eight Arctostaphylos pallida was again which includes processing critical comments (letters and personal phone included as a Category 2 candidate habitat determinations, delistings, or conversations) from seven people. One species. In the revision of the plant other types of reclassifications. commenter supported the listing and notice published on February 21, 1990 Processing of this final rule is a Tier 2 the other six were neutral. Several (55 FR 6184), A. pallida was elevated to action. commenters provided additional a Category 1 candidate species. In the information that has been incorporated Summary of Comments and revision of the plant notice published into this rule. No commenters were Recommendations on September 30, 1993 (58 FR 51144), opposed to the rule. this category remained unchanged. In the August 2, 1995, proposed rule Section 4(b)(3)(B) of the Act requires (60 FR 39309) and associated Summary of Factors Affecting the the Secretary to make findings on notifications, all interested parties were Species petitions within 12 months of their requested to submit factual reports or After a thorough review and receipt. Section 2(b)(1) of the 1982 information that might contribute to the consideration of the best available amendments further requires that all development of a final rule. Appropriate scientific and commercial information, Federal Register / Vol. 63, No. 77 / Wednesday, April 22, 1998 / Rules and Regulations 19845 the Service has determined that publicity as a result of listing this a listed species. Although the take of Arctostaphylos pallida should be species. Possible unauthorized cutting State-listed plants is prohibited by the classified as a threatened species. of A. pallida was evident at the Sobrante California Native Plant Protection Act Section 4 of the Endangered Species Act Ridge Regional Preserve population and the California Endangered Species and regulations (50 CFR part 424) where public access trails and Act (California Fish & Game Code, promulgated to implement the listing photographic displays of this species are chapter 10, division 2, § 1908 and provisions of the Act set forth the established throughout manzanita California Fish & Game Code, chapter procedures to be followed for adding habitat (Dwight Harvey and Elizabeth 1.5, division 3, § 2080), State law does species to the list of threatened and Warne, USFWS, in litt. 1997). not prohibit the taking of such plants endangered species. A species may be via habitat modification or land use C. Disease or Predation determined to be endangered or changes by the owner. After CDFG threatened due to one or more of the Approximately 50 percent of the notifies a landowner that a State-listed five factors described in section 4(a)(1). Huckleberry Ridge population of plant grows on his or her property, the These factors and their application to Arctostaphylos pallida was affected in California Native Plant Protection Act Arctostaphylos pallida Eastw. (pallid the 1980s by a fungal infection that requires only that the land owner notify manzanita) are as follows: attacked the roots of the plants, causing the agency ‘‘at least ten days in advance branch and stem dieback (Amme and of changing the land use to allow A. The Present or Threatened Havlik 1987a, CDFG 1987). The salvage of such a plant’’ (California Fish Destruction, Modification, or Huckleberry Ridge population remains and Game Code, chapter 10, § 1900 et Curtailment of its Habitat or Range in poor condition (Amme and Havlik seq.). In its proposal to list the pallid 1987c, CNDDB 1997). If the wet, cold The California Environmental Quality manzanita (60 FR 39311), the Service weather conditions that induced the Act (CEQA) requires a full disclosure of identified residential development as a fungal infection are repeated, another the potential environmental impacts of threat. However, the Service no longer infection could occur, resulting in proposed projects. The public agency considers it to be a significant threat. reduced vigor of the population (D. with primary authority or jurisdiction Although residential development Amme, pers. comm. 1994). over the project is designated as the lead eliminated a large number of Botryosphaeia fungal infections can agency and is responsible for Arctostaphylos pallida plants on cause changes in leaf pigmentation thus conducting a review of the project and Huckleberry Ridge, further direct habitat affecting the plant’s photosynthetic consulting with the other agencies destruction is not anticipated. Up to 50 capabilities, destroy branches, and lead concerned with the resources affected percent of the original habitat of A. to the eventual death of whole plants by the project. Section 15065 of the pallida on Huckleberry Ridge has been (Smith 1985, Amme and Havlik 1987, CEQA Guidelines requires a finding of developed for housing or is privately Wood and Parker 1988). Pale chlorotic significance if a project has the potential owned. However, most of the remaining leaves, possibly due to Botryosphaeia to ‘‘reduce the number or restrict the population at Huckleberry Ridge, as fungi, were evident at the East Ridge range of a rare or endangered plant or well as the other large A. pallida population on EBMUD land, where 14 animal.’’ Species that are eligible for population on Sobrante Ridge, is on mature A. pallida plants grow under a listing as rare, threatened, or lands now owned by the East Bay canopy dominated by Umbellularia endangered but are not so listed are Regional Park District and is protected californica, Arbutus menziesii, and given the same protection as those from further direct habitat destruction introduced Pinus radiata (D. Harvey and species that are officially listed with the resulting from urbanization or land use E. Warne, in litt. 1997, R. Nuzum, in litt. State or Federal governments. Once conversion. The smaller A. pallida 1997). In addition, urban expansion has significant effects are identified, the populations occur either on other park resulted in the planting and subsequent lead agency has the option of requiring lands or on privately owned lands that spread of many exotic and native mitigation for effects through changes in have already been developed. The species of trees and shrubs (Amme and the project or to decide that overriding ongoing effects of prior development are Havlik 1987a). Many of these species considerations make mitigation discussed in detail under factor E. grow faster than Arctostaphylos pallida infeasible. In the latter case, projects and, in some locations, completely B. Overutilization for Commercial, may be approved that cause significant shade them. Excessive shade and Recreational, Scientific, or Educational environmental damage, such as overcrowding can cause a slow decline Purposes destruction of listed or rare species. in the plant’s overall health and vigor Protection of listed species through Although this species is not known to that can lead to the spread of CEQA is, therefore, dependent upon the be sought after by collectors, Botryosphaeia fungi and an unknown discretion of the agency involved. In Arctostaphylos pallida is commercially root fungus (Smith 1985, Amme and addition, CEQA guidelines recently cultivated (Wells 1993). Many members Havlik 1987a). have been revised in ways that, if made of this genus are considered desirable to final, may weaken protections for D. The Inadequacy of Existing use for interior decoration because of threatened, endangered, and other Regulatory Mechanisms their attractive bark, leaves, and hard sensitive species. wood. In addition, they are often used The State of California Fish and Game California Department of Fish and in residential landscapes and local Commission has listed Arctostaphylos Game (CDFG) and EBRPD jointly horticulturalists sometimes collect the pallida as an endangered species under developed the Alameda Manzanita seeds for cultivation (Keeley and Keeley the California Endangered Species Act Management Plan in 1987. Since then, 1992, Smith 1988). Overutilization is (chapter 1.5 § 2050 et seq. of the due to limited funding, and conflicting not currently known to be a threat to California Fish and Game Code, and fire management policies, this plan has this species, but unrestricted collecting title 14 California Code of Regulations only partially been carried out. The for scientific or horticultural purposes § 670.2). The State of California requires mission of the plan was to determine or excessive trampling of seedlings by that individuals obtain authorization and implement management activities individuals interested in seeing rare from the California Department of Fish that would improve the condition of the plants could result from increased and Game (CDFG) to possess or ‘‘take’’ species and help in its recovery (Amme 19846 Federal Register / Vol. 63, No. 77 / Wednesday, April 22, 1998 / Rules and Regulations and Havlik 1987b). EBRPD has reduced bay), other native trees, or alien conifer Edwards, pers. comm. 1997). Both types the amount of flammable dead plant or Eucalyptus forests (McBride 1974, B. of manzanita can also regenerate by material in the Huckleberry Ridge Olson, in litt. 1994 Safford 1995). layering, a method that does not require population (Ed Leong, EBRPD, pers. Because of their denser canopies, these fire. Branches sprout roots at points at comm. 1994, in litt. 1997). The forests and woodlands create a which they are covered by soil and leaf reduction in plant litter, and the microclimate unsuitable for healthy A. litter. This produces a clone of the pruning of some competing exotics, has pallida plants. For example, the small original plant (Amme and Havlik helped to stimulate germination and population of A. pallida at upper East 1987b). Of the three methods of growth of the species at Sobrante Ridge, Ridge persists in the understory of a regeneration, only seed reproduction Huckleberry Ridge and two other lesser closed-canopy forest of California bay results in genetic recombination and it locations (D. Amme, pers. comm. 1994, and Arbutus menziesii (madrone) (R. is, therefore, important to the N. Havlik, pers. comm. 1997). The Nuzum, in litt. 1997). No signs of recent maintenance of genetic diversity. potential effects of fire management fire are present at this site (D. Harvey Stand regeneration in Arctostaphylos policies on A. pallida are further and E. Warne, in litt. 1997 as per J. pallida is based primarily on seed discussed under factor E below. Dunne) and it is estimated that the site reproduction. At the Sobrante Ridge may not have burned in more than 100 population, A. pallida is closely E. Other Natural or Manmade Factors associated with open stands of Quercus Affecting Their Continued Existence years (R. Nuzum, in litt. 1997). Most of the 14 adult pallid manzanita in this chrysolepis (canyon live oak) and Q. Due to past and present fire population are unhealthy and show wislizenii var. fructescens (interior live suppression policies and inactive or signs of fungal infections and bark oak) and recruitment of both pallid ineffective fire management plans, the striping. Bark striping may be a sign that manzanita and oaks is occurring on bare long-term viability of Arctostaphylos excessive canopy shading is affecting A. and exposed gravel (Amme et al. 1986, pallida is in doubt. In the 1800s, before pallida. Bark striping was first thought S. Edwards, pers. comm. 1997). The the expansion of urban areas into the to have a pathological origin but is now effects of fire are evident at this site and East Bay Hills, major natural or human- believed to be a stress response by some fire may have occurred 20 to 30 years caused fires periodically burned species of manzanita to the absence of ago (N. Havlik, pers. comm. 1997). through manzanita habitat mainly from fire (Davis 1973 in Hanes 1995). On In contrast, the effects of fire are not east to west driven by dry ‘‘Diablo shaded sites, such as upper East Ridge, evident at the Huckleberry Ridge Winds’’ during the late summer and fall the ability of the shade intolerant A. population and fire may have not (EBRPD 1996, R. Nuzum, in litt. 1997). pallida plants to maintain live tissue is occurred there for 70 years or longer (R. These fires rarely threatened the lower thought to lessen, resulting in the partial Nuzum, in litt. 1997, D. Harvey and E. lying communities of Berkeley and Warne, in litt. 1997). The shutdown of growing cells and tissue Oakland. Fire management practice Arctostaphylos pallida population is sloughing that manifests as bark striping from about 1900 to 1940 changed from unhealthy due to the negative effects of (Davis 1973 in Hanes 1995, Amme and unrestricted burning to permitted a dense California bay-madrone canopy Havlik 1987a). At the Huckleberry Ridge burning only (Sampson 1944, J. Dunne and reproduction is poor (N. Havlik, population, A. pallida plants are et al. 1991). The California Department pers. comm. 1997, R. Nuzum, in litt. generally wider than they are tall, a of Forestry and Fire Protection (CDFFP) 1997, S. Edwards, pers. comm. 1997, D. consequence of growing away from the currently has a policy of immediate Harvey and E. Warne, in litt. 1997). In overstory canopy to reach light, and all suppression of all wildfires (B. a 1993 fuel management and habitat of the A. pallida plants displayed bark Harrington, CDFFP, pers. comm. 1996). improvement experiment at the Due to the expansion of homes up to striping (Amme and Havlik 1987a). Huckleberry Ridge site, a small area the crest of the East Bay Hills during the Fire suppression can also alter the overgrown with a dense stand of A. 1940s and 1950s, human-caused fires, reproductive dynamics of pallida was cleared, and the cut such as the Oakland Hills fire of 1991, Arctostaphylos pallida stands. Based on vegetation piled and burned. Seedlings are now a major threat to human safety differing survival responses of chaparral of A. pallida were present the following (EBRPD 1996). Over the last 10 years, plants to fire, manzanitas can be divided year. Hand pulling of the invasive alien, urban development has expanded to into burl-forming and non-burl-forming Genista monspessulana (French broom), approach the two largest populations of (Sampson 1944, Roof 1976, Keeley and was necessary during 1994 and 1995. Arctostaphylos pallida at Sobrante and Keeley 1977). Burls lay at the base of the During a site visit in March of 1997, 40 Huckleberry Ridges. At Sobrante Ridge, main stem of the plant and contain to 50 A. pallida were present. Most were homes come within 30 m (100 ft) of the stored nutrients and shoot-forming 10–15 cm (4–6 in) tall, vigorous, and population and at Huckleberry Ridge embryonic tissues. The burl-forming well-branched. The seedlings were some homes along Manzanita Drive types are capable of surviving fire by found on the barer soil areas. In have A. pallida within their landscaping resprouting from these burls. The addition to continued invasion by (Amme and Havlik 1987a, D. Harvey second group does not form burls. French broom, native Baccharis and E. Warne, in litt. 1997). Instead, stand persistence is based on pilularis (coyote brush) had begun to Fire suppression in the East Bay Hills, the establishment and maintenance of a invade the site (E. Leong, pers. comm. in combination with increased browsing seed bank in the soil. This seed bank 1997) . of tree and shrub seedlings and acorns may lay dormant within the soil for as The importance of fire in relation to by deer and livestock, has led to much as 100 years or more (Keeley this manzanita’s reproductive strategy is structural and compositional change in 1987, 1991). When a fire passes through uncertain, however, since seed habitats within the range of an area, the seeds are scarified and thus reproduction can also occur as a result Arctostaphylos pallida. Open-canopied become capable of germinating (Amme of site soil disturbance. Evidence exists oak woodlands maintained historically and Havlik 1987a). However, fire is not that mechanical scarification, such as by frequent fire have been converted, in the only way seeds can be scarified. crushing, stimulates germination in the absence of fire, into closed-canopied Mechanical disturbances, such as several manzanita species, including A. woodland-forests dominated by crushing, can also crack the seed coat pallida (Keeley 1987, Keeley 1991, S. Umbellularia californica (California and enable the seeds to germinate (S. Edwards, pers. comm. 1997). New Federal Register / Vol. 63, No. 77 / Wednesday, April 22, 1998 / Rules and Regulations 19847 seedlings of A. pallida have appeared in The genetic integrity of (periwinkle), and Senecio mikanioides areas where mechanical scarification Arctostaphylos pallida is threatened by (German ivy) (Amme et al. 1986, B. had recently taken place including hybridization with other species of Olson, in litt. 1994, N. Havlik, pers. exposed gravel clearings and fire breaks Arctostaphylos introduced into the comm. 1997). Eventually the taller at the Sobrante Ridge (S. Edwards, pers. vicinity of A. pallida populations (D. growing species will block necessary comm. 1997, N. Havlik, pers. comm. Amme, pers. comm. 1994). At least light to the few scattered A. pallida 1997), at several road cuts along Skyline three other species of Arctostaphylos resulting in unhealthy, dying and Boulevard (D. Amme, pers. comm. have been used for landscaping on diseased plants as demonstrated at some 1997), and at Huckleberry Ridge where private lands along Manzanita Way, a areas of the Huckleberry Ridge and East grading and removal of plants has road that borders the Huckleberry Ridge Ridge populations (R. Nuzum, in litt. occurred for residential development Preserve. Hybrids between a common 1997, N. Havlik, pers. comm. 1997, E. (N. Havlik, pers. comm. 1997). associate of A. pallida, A. tomentosa Leong, in litt. 1997). In 1985 several However, fire is thought to have been ssp. crustacea (brittle leaf manzanita), large bay trees were cut at the base to the primary historical process by which are known to occur in two separate improve light conditions for some A. seed regeneration was initiated and it populations (Amme et al. 1986, D. pallida. As a result, many A. pallida has other valuable effects beyond seed Harvey and E. Warne, in litt. 1997 as per responded with new growth (N. Havlik, scarification. The accumulated leaf and J. Dunne). Hybrids have also been pers. comm. 1997). bark litter, fallen fruits, and roots of observed between A. pallida and A. The Service has carefully assessed the Arctostaphylos species have a self- glauca (bigberry manzanita) in Oakland best scientific and commercial inhibitory effect on seed germination parks (D. Amme, pers. comm. 1997 as information available regarding the past, (Amme and Havlik 1987b). Fire is per S. Edwards). Arctostaphylos pallida present, and future threats faced by believed to remove these toxic materials closely resembles A. pajaroensis (Pajaro Arctostaphylos pallida in determining and promote germination of manzanita), a species native to the to make this rule final. Based on this Arctostaphylos and other herbs and Pajaro River area. Hybrids may be evaluation, the preferred action is to list shrubs (Amme et al. 1986). Fire also occurring between these two species in A. pallida as threatened. This species is recycles nutrients in the soil (Amme areas where residents have planted A. not now in immediate danger of and Havlik 1987b). The excessive pajaroensis along Huckleberry Ridge (D. extinction throughout all or a significant accumulation of dead leaf and bark Amme, pers. comm. 1997). portion of its range. A. pallida exists at material also results in the retention of Hybridization with any of these taxa two large and eleven small occurrences. soil moisture. Higher soil moisture could result in a hybrid manzanita The majority of its habitat is on EBRPD levels allows fires to conduct heat swarm replacing pure A. pallida (Amme property. The two largest occurrences of through the soil more effectively; this and Havlik 1987b, Amme et al. 1986). A. pallida are protected from further has the potential to destroy the existing Herbicides have been used to direct habitat destruction resulting from Arctostaphylos pallida seed bank. eradicate Eucalyptus associated with urbanization or land use conversion. (Wood and Parker 1988). Arctostaphylos pallida in many areas of However, all occurrences of A. pallida The fire management policy of the EBRPD lands in the Oakland Hills. The remain threatened by compositional and CDFFP has superseded EBRPD fire exact effect herbicide spraying has on structural changes due to fire management policy on park lands (J. Di Arctostaphylos pallida has not been suppression that result in shading and Donato, EBRPD, pers. comm. 1996). studied, however, roadside spraying has competition from native and alien plant However, fire management can be had negative effects on regeneration of species, disease, the ongoing effects of modified in specific areas for listed A. pallida along Skyline Boulevard habitat fragmentation resulting from species (B. Harrington, pers. comm. (Amme and Havlik 1987a). past urbanization, and chance events 1996). On EBRPD and EBMUD lands, Urban development in the East Bay due to the small size of the few where the majority of Arctostaphylos Hills has fragmented the natural habitat remaining populations. Some pallida populations occur, A. pallida of Arctostaphylos pallida. Splitting the populations are also threatened by habitat has been managed by fire habitat into smaller, more isolated units hybridization, and herbicide spraying. suppression and brush removal (B. can alter the physical environment by Furthermore, the existing regulatory Olson, in litt. 1994, J. Di Donato, pers. changing the amount of incoming solar mechanisms do not provide A. pallida comm. 1996, B. Harrington, pers. comm. radiation, water, wind, or nutrients for adequate protection from these threats. 1996). Mechanical removal of exotic the remnant vegetation (Saunders et al. Arctostaphylos pallida, therefore, fits plants has been the primary method 1991). In addition, a higher proportion the definition of a threatened species. used to improve growing conditions of these fragmented natural areas are For the reasons discussed below, critical mostly for isolated individual plants subject to external factors (e.g., invasion habitat has not been designated. (Amme and Havlik 1987). Due to the of nonnative plants, foot traffic, and continued expansion of urbanization increased erosion) that disrupt natural Critical Habitat adjacent to A. pallida habitat, and the ecosystem processes (B. Olson, in litt. Critical habitat is defined in section 3 catastrophic Oakland Hills fire of 1991, 1994). of the Act as (i) the specific areas within mechanical removal of highly Residential development at the geographical area occupied by a flammable vegetation remains the Huckleberry Ridge has contributed to species, at the time it is listed in predominant method used to reduce the the introduction of exotic landscape and accordance with the Act, on which are fuel load in A. pallida chaparral habitat. weedy plant species that compete with found those physical or biological A fire management plan that includes the remnant population (Amme and features (I) essential to the conservation the possibility of prescribed burns to Havlik 1987b). Small populations, in of the species and (II) that may require address the needs of A. pallida for particular, are threatened by shading special management consideration or germination and seedling establishment from planted Eucalyptus spp., Pinus protection, and (ii) specific areas is currently being developed by the radiata, and Cupressus spp. (cypresses), outside the geographical area occupied EBRPD in cooperation with CDFG and and by competition with other by a species at the time it is listed, upon CDFFP (EBRPD 1996, J. Di Donato, in aggressive alien plant species including a determination that such areas are litt. 1996). French broom, Vinca major essential for conservation of the species. 19848 Federal Register / Vol. 63, No. 77 / Wednesday, April 22, 1998 / Rules and Regulations

‘‘Conservation’’ means the use of all precise location was publicized. Most of continued existence of such a species or methods and procedures needed to the populations have so few individuals to destroy or adversely modify its bring the species to the point at which that even limited collection could critical habitat. If a Federal action may listing under the Act is no longer contribute significantly to their decline. affect a listed species or its critical necessary. Designation of critical habitat for A. habitat, the responsible Federal agency Section 4(a)(3) of the Act, as pallida could, therefore, interfere with must enter into consultation with the amended, and implementing regulations recovery efforts for the species. Service. None of the populations of (50 CFR 424.12) require that, to the The Service finds, therefore, that the Arctostaphylos pallida occur on Federal maximum extent prudent and designation of critical habitat for lands and no Federal actions have been determinable, the Secretary designate Arctostaphylos pallida is not prudent at identified that are likely to occur on critical habitat at the time a species is this time, because such designation non-Federal lands with populations of determined to be endangered or would likely provide no conservation the species. threatened. Critical habitat is not benefit beyond that the species would Some populations occur on non- determinable when one or both of the receive by virtue of its designation as a Federal lands protected from following situations exist—(1) threatened species. This finding is based development. EBRPD owns the sites of Information sufficient to perform on the fact that the species does not both major populations of A. pallida. required analyses of the impacts of the occur on Federal lands, nor does it The EBRPD and CDFG jointly developed designation is lacking, or (2) the occur on non-Federal lands where there the Alameda Manzanita Management biological needs of the species are not is likely to be any Federal agency Plan in 1987. Although this plan was sufficiently well known to permit involvement. Moreover, designation of not adopted by Alameda or Contra Costa identification of an area as critical critical habitat would facilitate County governments, portions of the habitat (50 CFR 424.12(a)(2)). Service trespassing and increased collection or plan are in use by the EBRPD (D. Amme, regulations (50 CFR 424.12(a)(1)) state damage to the species or its habitat, and pers. comm. 1994, E. Leong, pers. that designation of critical habitat is not thereby interfere with recovery efforts. comm. 1994, in litt 1997). A specific prudent when one or both of the Any minor, unforeseen benefits that management plan does not exist for the following situations exist—(1) The might derive from designation of critical small population on EBMUD land at species is threatened by taking or other habitat would be outweighed by the upper East Ridge. The Service has not human activity, and identification of increased threat to the species that pursued any conservation agreements critical habitat can be expected to would result from such designation. on public or private land regarding this increase the degree of threat to the species. Available Conservation Measures species, or (2) such designation of Listing this plant species necessitates critical habitat would not be beneficial Conservation measures provided to the development of a recovery plan. to the species. species listed as endangered or Such a plan would bring together both Critical habitat designation for this threatened under the Act include State and Federal efforts for species is not prudent due to lack of recognition, recovery actions, conservation of the plant. The plan benefit. Critical habitat only applies to requirements for Federal protection, and would establish a framework for Federal actions on Federal lands or prohibitions against certain activities. agencies to coordinate activities and federally-permitted actions on private Recognition through listing encourages cooperate with each other in lands. All known populations occur on and results in conservation actions by conservation efforts. The plan would set non-Federal land, and no Federal lands Federal, State, and private agencies, recovery priorities and estimate costs of are known to occur within the historical groups, and individuals. The Act various tasks necessary to accomplish range of the species. No Federal actions, provides for possible land acquisition them. It also would describe site- authorizations, or licensing currently and cooperation with the State and specific management actions necessary occurs, or is likely to occur, on lands requires that recovery plans be to achieve conservation and survival of where the species occurs. Therefore, developed for all listed species. The the plant species. Additionally, designation of critical habitat is not protection required of Federal agencies pursuant to section 6 of the Act, the likely to benefit A. pallida. and the prohibitions against certain Service would be able to grant funds to Moreover, such designation could activities involving listed plants are the State for management actions increase the degree of threat to the discussed, in part, below. promoting the protection and recovery species. The publication of precise maps Section 7(a) of the Act requires of the species. and descriptions of critical habitat in Federal agencies to evaluate their The Act and its implementing the Federal Register would make this actions with respect to any species that regulations set forth a series of general plant vulnerable to incidents of is proposed or listed as endangered or prohibitions and exceptions that apply vandalism or collection and, therefore, threatened and with respect to its to all threatened species. All could contribute to the decline of the critical habitat, if any is being prohibitions of section 9(a)(2) of the Act, species. All of the 13 occurrences of A. designated. Regulations implementing implemented by 50 CFR 17.71, apply. pallida are located near or adjacent to this interagency cooperation provision These prohibitions, in part, make it residential areas and public roads where of the Act are codified at 50 CFR part illegal for any person subject to the they are easily accessible. A. pallida is 402. Section 7(a)(4) of the Act requires jurisdiction of the United States to commercially cultivated (Wells 1993). Federal agencies to confer with the import or export, transport in interstate Many members of this genus, including Service on any action that is likely to or foreign commerce in the course of a numerous San Francisco Bay area taxa, jeopardize the continued existence of a commercial activity, sell or offer for sale are considered desirable for interior proposed species or result in in interstate or foreign commerce, or decoration and landscape plantings and destruction or adverse modification of remove and reduce the species to are collected for cultivation for these proposed critical habitat. If a species is possession from areas under Federal purposes (Roof 1976, Smith 1985, 1988). listed subsequently, section 7(a)(2) jurisdiction. In addition, for plants The desirability and accessibility of the requires Federal agencies to ensure that listed as endangered, the Act prohibits species, therefore, could make the activities they authorize, fund, or carry the malicious damage or destruction on plants subject to collection if their out are not likely to jeopardize the areas under Federal jurisdiction and the Federal Register / Vol. 63, No. 77 / Wednesday, April 22, 1998 / Rules and Regulations 19849 removal, cutting, digging up, or listed species on Federal lands is Required Determinations damaging or destroying of such plants prohibited, although in appropriate This rule does not require collection in knowing violation of any State law or cases a Federal endangered species of information that requires approval by regulation, including State criminal permit may be issued to allow the Office of Management and Budget trespass law. Section 4(d) of the Act collection. However, Arctostaphylos under 44 U.S.C. 3501, et seq. allows for the provision of such pallida is not known to occur on any protection to threatened species through Federal lands. Such activities on non- References Cited regulation. This protection may apply to Federal lands would constitute a A complete list of all references cited this species in the future if regulations violation of section 9, however, if herein is available upon request from are promulgated. Seeds from cultivated conducted in knowing violation of State the Field Supervisor of the Service’s specimens of threatened plants are law or regulations or in violation of Sacramento Field Office (see ADDRESSES exempt from these prohibitions State criminal trespass law. Interstate or section). provided that their containers are foreign commerce, or offering for sale in marked ‘‘Of Cultivated Origin.’’ Certain interstate or foreign commerce, or Author exceptions to the prohibitions apply to importing or exporting pallid manzanita The primary author of this final rule agents of the Service and State without a threatened species permit is Dwight Harvey, Sacramento Field conservation agencies. would be a violation of section 9. Office (see ADDRESSES section). The Act and 50 CFR 17.72 also Questions regarding whether specific provide for the issuance of permits to activities would constitute a violation of List of Subjects in 50 CFR Part 17 section 9 should be directed to the Field carry out otherwise prohibited activities Endangered and threatened species, involving threatened plants under Supervisor of the Service’s Sacramento Field Office (see ADDRESSES Exports, Imports, Reporting and certain circumstances. Such permits are section). Requests for copies of the regulations recordkeeping requirements, available for scientific purposes and to concerning listed plants and general Transportation. enhance the propagation or survival of inquiries regarding prohibitions and the species. For threatened plants, Regulation Promulgation permits may be addressed to the U.S. permits are also available for botanical Fish and Wildlife Service, Ecological Accordingly, the Service amends part or horticultural exhibition, education Services, Endangered Species Permits, 17 subchapter B of chapter I, title 50 of purposes, or special purposes consistent 911 N.E. 11th Avenue, Portland, Oregon the Code of Federal Regulations, as with the purposes of the Act. It is 97232–4181 (telephone 503/231–2063; follows: anticipated that some trade permits may facsimile 503/231–6243). be sought or issued for cultivated PART 17Ð[AMENDED] specimens to enhance the propagation National Environmental Policy Act and survival of the species. 1. The authority citation for part 17 The Fish and Wildlife Service has continues to read as follows: It is the policy of the Service, determined that Environmental published in the Federal Register on Assessments and Environmental Impact Authority: 16 U.S.C. 1361–1407; 16 U.S.C. July 1, 1994 (59 FR 34272), to identify Statements, as defined under the 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– to the maximum extent practicable at authority of the National Environmental 625, 100 Stat. 3500, unless otherwise noted. the time a species is listed those Policy Act of 1969, need not be 2. Amend section 17.12(h) by adding activities that would or would not prepared in connection with regulations the following, in alphabetical order constitute a violation of section 9 of the adopted pursuant to section 4(a) of the under FLOWERING PLANTS, to the List Act. The intent of this policy is to Endangered Species Act of 1973, as of Endangered and Threatened Plants: increase public awareness of the effect amended. A notice outlining the of this listing on proposed and ongoing Service’s reasons for this determination § 17.12 Endangered and threatened plants. activities within the species’ range. was published in the Federal Register * * * * * Collection, damage, or destruction of on October 25, 1983 (48 FR 49244). (h) * * *

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

FLOWERING PLANTS

******* Arctostaphylos pallid manzanita ...... U.S.A. (CA) ...... EricaceaeÐheath ... T 635 NA NA pallida.

******* 19850 Federal Register / Vol. 63, No. 77 / Wednesday, April 22, 1998 / Rules and Regulations

Dated: March 4, 1998. Correction under authority of the Magnuson- Jamie Rappaport Clark, Accordingly, the publication on Stevens Fishery Conservation and Director, Fish and Wildlife Service. March 31, 1998, of the final regulations Management Act. Fishing by U.S. [FR Doc. 98–10662 Filed 4–21–98; 8:45 am] to implement Framework Adjustment vessels is governed by regulations BILLING CODE 4310±55±P 25 to the Northeast Multispecies FMP implementing the FMP at subpart H of (I.D. 022698A), which was the subject of 50 CFR part 600 and 50 CFR part 679. FR Doc. 98-8288, is corrected as follows: The prohibited species bycatch DEPARTMENT OF COMMERCE 1. On page 15330, in the first column, mortality allowance of Pacific halibut amendatory instruction 3, line 5, correct for groundfish other than demersal shelf National Oceanic and Atmospheric ‘‘(a)(110)’’ to read ‘‘(a)(112)’’, and in line Administration rockfish, which is defined at 15 to the regulatory text to § 648.14, § 679.21(d)(4)(iii)(C), was established by 50 CFR Part 648 correct ‘‘(110)’’ to read ‘‘(112)’’. the Final 1998 Harvest Specifications of 2. On page 15333, in the second Groundfish for the GOA (63 FR 12027, column, in line 2 to the regulatory text March 12, 1998) for the first season, the [Docket No. 980318066-8066-01; I.D. to § 648.87(a)(1)(i), remove ‘‘May 10 period January 1, 1998, through May 17, 022698A] through May 30’’. 1998, as 250 mt. Authority: 16 U.S.C. 1801 et seq. Fisheries of the Northeastern United In accordance with § 679.21(d)(7)(ii), States; Northeast Multispecies Dated: April 15, 1998. the Administrator, Alaska Region, Fishery; Framework Adjustment 25; Rolland A. Schmitten, NMFS (Regional Administrator), has Correction Assistant Administrator for Fisheries, determined that the first seasonal National Marine Fisheries Service. AGENCY: National Marine Fisheries apportionment of the 1998 Pacific Service (NMFS), National Oceanic and [FR Doc. 98–10731 Filed 4–21–98; 8:45 am] halibut bycatch mortality allowance Atmospheric Administration (NOAA), BILLING CODE 3510±22±F specified for the hook-and-line Commerce. groundfish fisheries other than sablefish ACTION: Final rule; correction. or demersal shelf rockfish in the GOA DEPARTMENT OF COMMERCE has been caught. Consequently, NMFS SUMMARY: This document corrects two National Oceanic and Atmospheric is prohibiting directed fishing for portions of the regulatory text in the Administration groundfish other than sablefish or final rule for Framework Adjustment 25 demersal shelf rockfish by vessels using to the Fishery Management Plan for the 50 CFR Part 679 hook-and-line gear in the GOA. Northeast Multispecies Fishery (FMP) [Docket No. 971208297-8054-02; I.D. Maximum retainable bycatch amounts published Tuesday, March 31, 1998. 041498A] may be found at § 679.20(e) and (f). DATES: Effective May 1, 1998. Classification FOR FURTHER INFORMATION CONTACT: Fisheries of the Economic Exclusive Mary Tokarcik, 978-281-9326. Zone Off Alaska; Groundfish Fisheries This action responds to the best by Vessels Using Hook-and-Line Gear available information recently obtained SUPPLEMENTARY INFORMATION: in the Gulf of Alaska Background from the fishery. It must be The interim final rule for the Atlantic AGENCY: National Marine Fisheries implemented immediately in order to sea scallop fishery and the final rule to Service (NMFS), National Oceanic and prevent overharvesting the first seasonal implement measures contained in Atmospheric Administration (NOAA), apportionment of the 1998 Pacific Framework Adjustment 25 to the FMP Commerce. halibut bycatch mortality allowance were published on Tuesday, March 31, ACTION: Closure. specified for the groundfish fisheries 1998 (63 FR 15324 and 63 FR 15326, other than sablefish or demersal shelf respectively). Both rules added a SUMMARY: NMFS is prohibiting directed rockfish by vessels using hook-and- line provision to the same paragraph fishing for groundfish by vessels using gear in the GOA. A delay in the effective designation of the prohibitions section hook-and-line gear in the Gulf of Alaska date is impracticable and contrary to the of 50 CFR part 648. Because the Atlantic (GOA), except for sablefish or demersal public interest. The first seasonal Sea scallop interim final rule became shelf rockfish. This action is necessary bycatch allowance of Pacific halibut effective on April 3, 1998, and because the first seasonal bycatch apportioned to hook-and-line gear Framework Adjustment 25 to the FMP allowance of Pacific halibut apportioned targeting groundfish other than sablefish is not effective until May 1, 1998, this to hook-and-line gear targeting or demersal shelf rockfish in the GOA document is correcting Framework groundfish other than sablefish or has been caught. Further delay would demersal shelf rockfish in the GOA has Adjustment 25 by changing its only result in overharvest which would been caught. paragraph designation of (a)(110) to disrupt the FMP’s objective of paragraph (a)(112) for its addition to DATES: Effective 1200 hrs, Alaska local apportioning Pacific halibut bycatch § 648.14. The regulatory text as time (A.l.t.), April 18, 1998, through allowances throughout the year. NMFS published for the Atlantic sea scallop 1200 hrs, A.l.t., May 18, 1998. finds for good cause that the interim final rule remains unchanged. FOR FURTHER INFORMATION CONTACT: implementation of this action can not be Also, Framework Adjustment 25 Thomas Pearson, 907-486-6919. delayed for 30 days. Accordingly, under inadvertently included the time frame SUPPLEMENTARY INFORMATION: The 5 U.S.C. 553(d), a delay in the effective May 10 through May 30 as a period of groundfish fishery in the GOA exclusive date is hereby waived. time in which gillnet vessels would be economic zone is managed by NMFS prohibited from fishing in the Mid-coast according to the Fishery Management This action is required by § 679.21 Closure Area. This document is Plan for Groundfish of the Gulf of and is exempt from review under E.O. correcting § 648.87(a)(1)(i) by removing Alaska (FMP) prepared by the North 12866. the reference to May 10 through May 30. Pacific Fishery Management Council Authority: 16 U.S.C. 1801 et seq.