Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Proposed Rules 10469
* * * * * Road, Suite B, Ventura, California, (km) (30 miles (mi)) inland. Polygonum Dated: January 16, 2001 93003. hickmanii differs from P. parryi in its Kenneth L. Smith, You may also send comments by larger white flowers, longer leaves, electronic mail (e-mail) to larger anthers and achenes, and longer, Assistant Secretary for Fish and Wildlife and straight stem sheath (Hinds and Morgan Parks. [email protected]. See the Public Comments Solicited section below for 1995). [FR Doc. 01–1836 Filed 2–14–01; 8:45 am] file format and other information about Chorizanthe robusta var. hartwegii is BILLING CODE 4310–55–C electronic filing. a low-growing herb with rose-pink You may hand-deliver comments to involucral margins confined to the basal portion of the teeth and an erect habit. DEPARTMENT OF THE INTERIOR our Ventura Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2493 The aggregate flowers (heads) are Fish and Wildlife Service Portola Road, Suite B, Ventura, medium in size (1 to 1.5 cm (0.4 to 0.6 California 93003. in.) in diameter) and distinctly 50 CFR Part 17 Comments and materials received will aggregate. The plant germinates during be available for public inspection, by the winter months and flowers from RIN 1018–AH82 appointment, during normal business April through June. Although hours at the above address. pollination ecology has not been studied Endangered and Threatened Wildlife for this taxon, it is likely visited by a and Plants; Proposed Designation of FOR FURTHER INFORMATION CONTACT: Connie Rutherford, Ventura Fish and wide array of pollinators; observations Critical Habitat for Polygonum of pollinators on other species of hickmanii (Scotts Valley Polygonum) Wildlife Office, U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B, Chorizanthe that occur in Santa Cruz and Chorizanthe robusta var. hartwegii County have included leaf cutter bees (Scotts Valley Spineflower) Ventura, California 93003 (telephone 805/644–1766; facsimile 805/644–3958). (megachilids), at least 6 species of butterflies, flies, and sphecid wasps. AGENCY: Fish and Wildlife Service, SUPPLEMENTARY INFORMATION: Interior. Each flower produces one seed; depending on the vigor of individual ACTION: Proposed rule. Background plants, dozens, if not hundreds, of seeds Polygonum hickmanii and SUMMARY: We, the U.S. Fish and could be produced. The importance of Chorizanthe robusta var. hartwegii are pollinator activity in seed set has been Wildlife Service (Service), propose to endemic to Purisima sandstone and designate critical habitat pursuant to the demonstrated in another species of Santa Cruz mudstone in Scotts Valley in Chorizanthe by the production of seed Endangered Species Act of 1973, as the Santa Cruz Mountains. Chorizanthe amended (Act), for Polygonum with low viability where pollinator robusta var. hartwegii was listed as access was limited (Harding Lawson hickmanii (Scotts Valley polygonum) endangered on February 4, 1994 (59 FR and Chorizanthe robusta var. hartwegii Associates 2000). Seed dispersal is 5499). Polygonum hickmanii was facilitated by the involucral spines, (Scotts Valley spineflower). proposed as endangered on November 9, Approximately 125 hectares (310 acres) which attach the seed to passing 2000 (65 FR 67335). animals. Chorizanthe robusta var. of land fall within the boundaries of the Polygonum hickmanii is a small, proposed critical habitat designation. hartwegii is one of two varieties of the erect, taprooted annual in the species C. robusta. The other variety (C. Proposed critical habitat is located in buckwheat family (Polygonaceae). It Santa Cruz County, California. Critical robusta var. robusta), known as the grows from 2 to 5 centimeters (cm) (1 to robust spineflower, is known from the habitat receives protection from 2 inches (in.)) tall, and can be either destruction or adverse modification coast of southern Santa Cruz and single stemmed or profusely branching northern Monterey counties and also is through required consultation under near the base in more mature plants. section 7 of the Act with regard to listed as endangered. The linear-shaped leaves are 0.5 to 3.5 Polygonum hickmanii and actions carried out, funded, or cm (0.2 to 1.4 in.) long and 1 to 1.5 cm Chorizanthe robusta var. hartwegii are authorized by a Federal agency. Section (0.4 to 0.6 in.) wide and tipped with a known from two sites about one mile 4 of the Act requires us to consider sharp point. The single white flowers apart at the northern end of Scotts economic and other relevant impacts consist of two outer tepals and three Valley in Santa Cruz County, California. when specifying any particular area as inner tepals and are found in the axils The plants are found on gently sloping critical habitat. of the bracteal leaves. The plant flowers to nearly level fine-textured shallow We solicit data and comments from from late May to August. Seed soils over outcrops of Santa Cruz the public on all aspects of this production ranges from a few dozen in mudstone and Purisima sandstone proposal, including data on economic a typical individual to as many as two (Hinds and Morgan 1995). Together they and other impacts of the designation. hundred in a particularly robust occur with other small annual herbs in We may revise this proposal to individual (R. Morgan, pers. comm. patches within a more extensive annual incorporate or address new information 1998). Although pollination for this grassland habitat. These small patches received during the comment period. species has not been studied, Morgan have been referred to as ‘‘wildflower DATES: We will accept comments until observed a sphecid wasp (family fields’’ because they support a large April 16, 2001. Public hearing requests Sphecidae) visitation to an individual of number of native herbs, in contrast to must be received by April 2, 2001. P. hickmanii (Morgan, pers. comm. the adjacent annual grasslands that ADDRESSES: If you wish to comment, 1998). Other potential pollinators have support a greater number of non-native you may submit your comments and not been identified at this time, and the grasses and herbs. While the wildflower materials concerning this proposal by degree to which P. hickmanii depends fields are underlain by shallow, well- any one of several methods: on insect pollinators (rather than being draining soils, the surrounding annual You may submit written comments self-pollinated) has not been grasslands are underlain by deeper soils and information to the Field Supervisor, determined. The nearest location of a with a greater water-holding capacity, Ventura Fish and Wildlife Office, U.S. closely related species, P. parryi, is at and therefore more easily support the Fish and Wildlife Service, 2493, Portola Mount Hamilton, about 48 kilometers growth of non-native grasses and herbs.
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The surface soil texture in the hickmanii. The total number of colonies hartwegii occur within 0.2 km (0.1 mi) wildflower fields tends to be of Chorizanthe robusta var. hartwegii is of each other on the Polo Ranch site consolidated and crusty rather than difficult to count for several reasons: 1) (Lyons in litt. 1997; Impact Sciences loose and sandy (Biotic Resources depending on the scale at which 2000b). Group (BRG) 1998). Elevation of the colonies are mapped, a larger or smaller Both Polyonum hickmanii and sites is from 215 to 245 meters (m) (700 number of colonies may result, and 2) Chorizanthe robusta var. hartwegii are to 800 feet (ft)) (Hinds and Morgan depending on the climate and other threatened with extinction by habitat 1995). The climate in the city of Santa annual variations in habitat conditions, alteration due to secondary impacts of Cruz, 13 km (8 mi) to the south, is the extent of colonies may either shrink urban development occurring within characterized by an average of 76.7 cm and temporarily disappear, or enlarge close proximity. Urban development (30 in.) of rain per year, and an average and merge into each other, thus includes the recent construction and temperature of 14 degrees Celsius (57 appearing as larger but fewer colonies. operation of a high school; installation degrees Fahrenheit) per year, while the Additional patches of suitable but and maintenance of water delivery city of Los Gatos, 16 km (10 mi) to the unoccupied habitat for Polygonum pipelines, access roads, and water tanks; north, averages 129.9 cm (51 in.) of rain hickmanii, Chorizanthe robusta var and currently existing and proposed per year, and an average temperature of hartwegii, and other wildflower field housing. Over the last decade a variety 15 degrees Celsius (58 degrees taxa have been mapped on these parcels of housing proposals have been Fahrenheit) per year (Worldclimate as well (Denise Duffy and Associates considered for two of the parcels; active 1998). 1998). However, some of these patches, proposals currently exist for both of Polygonum hickmanii and as well as those patches occupied by these parcels. Chorizanthe robusta var. hartwegii are Chorizanthe robusta var hartwegii, were The kinds of habitat alterations associated with a number of native destroyed in 1999 during construction expected to impact Polygonum herbs including Lasthenia californica of Scotts Valley High School. hickmanii and Chorizanthe robusta var. (goldfields), Minuartia douglasii The first site is located north of Casa hartwegii as a result of development (sandwort), Minuartia californica Way and west of Glenwood Drive in include changes in the hydrologic (California sandwort), Gilia clivorum northern Scotts Valley. Referred to as conditions, soil compaction; increased (gilia), Castilleja densiflora (owl’s the Glenwood site, it contains five disturbance due from humans, pets, and clover), Lupinus nanus (sky lupine), colonies of Polygonum hickmanii and a bicycle traffic; the inadvertent Brodiaea terrestris (brodiaea), Stylocline larger number of colonies of application of herbicides and pesticides; amphibola (Mount Diablo cottonweed), Chorizanthe robusta var hartwegii that dumping of yard wastes; and the Trifolium grayii (Gray’s clover), and occur on two privately owned parcels of introduction of non-native species. The Hemizonia corymbosa (coast tarplant). land. Colonies of both of these taxa are proposed preserves and open space Non-native species present include situated within a 4-hectare (ha) (9-acre areas intended to protect P. hickmanii Filago gallica (filago) and Vulpia (ac) preserve on a 19-ha (48-ac) parcel and C. robusta var. hartwegii are myuros (rattail) (California Natural that is owned by the Scotts Valley inadequate for maintaining viable Diversity Data Base (CNDDB) 1998; Unified School District and is referred populations of these species (Service in Randy Morgan, biological consultant, to as the ‘‘School District’’ colony litt. 1998). Studies on habitat pers. comm. 1998). In many cases, the (Denise Duffy and Associates 1998). fragmentation and preserves established habitat also supports a crust of mosses Other colonies of both plants at the in urbanized settings have shown that and lichens (Biotic Resources Group Glenwood site are located these preserves gradually become 1998). approximately 0.08 km (0.13 mi) to the destabilized from external forces (i.e., For purposes of this rule, a cluster of west of the School District colony on a changes in the hydrologic conditions, individuals of either Polygonum parcel of land owned by the Salvation soil compaction, etc.), resulting in hickmanii or Chorizanthe robusta var. Army (CNDDB 1998) and are referred to preserves that are no longer able to hartwegii will be referred to as a as the ‘‘Salvation Army’’ colonies. support the species that they were ‘‘colony’’. Because of the close Additional colonies of Chorizanthe established to protect (Kelly and proximity of many of the clusters to robusta var hartwegii are located on a Rotenberry 1993). each other, it is uncertain whether parcel owned by American Dream/ The chance of random extinction for clusters of each species biologically Glenwood L.P. which is being proposed both Polygonum hickmanii and represent patches within a for development. On the west side of Chorizanthe robusta var. hartwegii is metapopulation, true colonies, or Glenwood Drive, colonies are located in also increased due to the small numbers separate populations. The general proposed open space near the proposed of individuals and limited area location of the colonies will be referred Seacliff neighborhood; on the east side occupied by these species (Shaffer to as a ‘‘site’’. Although clusters of P. of Glenwood Drive, colonies are located 1981). A random environmental event hickmanii co-occur with C. robusta var. in the southern portion of the parcel (e.g., fire) or human disturbance hartwegii at all sites, C. robusta var. that is being proposed for open space potentially could destroy all colonies hartwegii may occur without this (Impact Sciences 2000a). occurring on a parcel, thus reducing the association. Thus, of the two species, P. The second site is referred to as the advantages of redundant populations hickmanii tends to be the most ‘‘Polo Ranch’’ site. Located just east of and diminishing the likelihood of long- restricted in distribution. Highway 17 and north of Navarra Road term persistence. Approximately 11 colonies of in northern Scotts Valley; this site is Polygonum hickmanii occur on the 2 approximately 1.6 km (1 mi) east of the Previous Federal Action sites. Chorizanthe robusta var. hartwegii Salvation Army and School District On May 16, 1990, we received a generally occurs at all the locations colonies. Colonies within the Polo petition from Steve McCabe and Randall where Polygonum hickmanii occurs; in Ranch site occur on a parcel of land Morgan of the Santa Cruz Chapter of the addition, colonies of Chorizanthe owned by Greystone Homes (Lyons in California Native Plant Society to list robusta var hartwegii occur at other litt. 1997). Six colonies of Polygonum Chorizanthe robusta var. hartwegii as locations at the Glenwood site and the hickmanii and a larger number of endangered. Based on a 90-day finding Polo Ranch site without Polygonum colonies of Chorizanthe robusta var that the petition presented substantial
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information indicating that the (1) The species is threatened by taking adverse modification of critical habitat. requested action may be warranted (55 or other human activity, and In our regulations at 50 CFR 402.02, we FR 46080), we initiated a status review identification of critical habitat can be define destruction or adverse of this taxon. On October 24, 1991 (56 expected to increase the degree of threat modification as ‘‘* * * the direct or FR 55107), we published a proposal to to the species, or (2) such designation of indirect alteration that appreciably list C. robusta var. hartwegii, as an critical habitat would not be beneficial diminishes the value of critical habitat endangered species. On February 4, to the species. At the time Chorizanthe for both the survival and recovery of a 1994, we published a final rule that robusta var. hartwegii was listed, we listed species. Such alterations include, listed C. robusta var. hartwegii, found that designation of critical habitat but are not limited to, alterations inclusive of C. robusta var. robusta, as for the species was prudent but not adversely modifying any of those endangered (59 FR 5499). Proposed determinable, and that designation of physical or biological features that were designation of critical habitat for these critical habitat would occur once we the basis for determining the habitat to taxa was believed prudent but not had gathered the necessary data. be critical.’’ Aside from the added determinable at the time of listing. A On June 30, 1999, our failure to protection that may be provided under Recovery Plan covering two insect designate critical habitat for section 7, the Act does not provide other species and four plant species from the Chorizanthe robusta (including C. forms of protection to lands designated Santa Cruz Mountains, including C. robusta var. hartwegii as well as C. as critical habitat. Because consultation robusta var. hartwegii, was published in robusta var. robusta) and three other under section 7 of the Act does not 1998 (Service 1998). species within the time period apply to activities on private or other We first became aware of Polygonum mandated by 16 U.S.C. 1533(b)(6)(C)(ii) non-Federal lands that do not involve a hickmanii in 1992 during the course of was challenged in Center for Biological Federal nexus, critical habitat proposing to list Chorizanthe robusta Diversity v. Babbitt (Case No. C99–3202 designation would not afford any var. hartwegii. At that time, however, a SC). On August 30, 2000, the U.S. additional protections under the Act name for the taxon had not formally District Court for the Northern District against such activities. been published, and therefore it could of California (Court) directed us to In order to be included in a critical not be considered for Federal listing. publish a proposed critical habitat habitat designation, the habitat must Once the name, Polygonum hickmanii, designation within 60 days of the first be ‘‘essential to the conservation of was published by Hinds and Morgan Court’s order, and a final critical habitat the species.’’ Critical habitat (1995), we reviewed information in our designation no later than 120 days after designations identify, to the extent existing files, in the California Natural the proposed designation is published. known using the best scientific and Diversity Data Base, and new On October 16, 2000, the Court granted commercial data available, habitat areas information on proposed projects being the government’s request for a stay of that provide essential life cycle needs of submitted to us for our review, and this order. Subsequently, by a stipulated the species (i.e., areas on which are determined that sufficient information settlement agreement signed by the found the primary constituent elements, existed to believe that listing might be parties on November 20, 2000, the as defined at 50 CFR 424.12(b)). warranted. Polygonum hickmanii was Service agreed to proposed critical included in the list of candidate species habitat for the Scotts Valley spineflower Section 4 requires that we designate published in the Federal Register on by January 15, 2001. critical habitat at the time of listing and October 25, 1999 (64 FR 57534). A based on what we know at the time of Critical Habitat proposal to list P. hickmanii as the designation. When we designate endangered was published on Critical habitat is defined in section 3 critical habitat at the time of listing or November 9, 2000 (65 FR 67335). At the of the Act as—(i) the specific areas under short court-ordered deadlines, we time of the proposed listing, we within the geographic area occupied by will often not have sufficient determined that critical habitat for P. a species, at the time it is listed in information to identify all areas of hickmanii was prudent, but deferred accordance with the Act, on which are critical habitat. We are required, proposing critical habitat designation found those physical or biological nevertheless, to make a decision and until a proposal to designate critical features (I) essential to the conservation thus must base our designations on habitat could be developed for both P. of the species and (II) that may require what, at the time of designation, we hickmanii and C. robusta var. hartwegii special management considerations or know to be critical habitat. because the two taxa share the same protection; and (ii) specific areas Within the geographic area occupied ecology and geographic location. Due to outside the geographic area occupied by by the species, we will designate only the ecological and geographic isolation a species at the time it is listed, upon areas currently known to be essential. of the two varieties of Chorizanthe, C. a determination that such areas are Essential areas should already have the robusta var. robusta and C. robusta var. essential for the conservation of the features and habitat characteristics that hartwegii, we are proposing critical species. ‘‘Conservation’’ means the use are necessary to sustain the species. We habitat for C. robusta var. robusta of all methods and procedures that are will not speculate about what areas separately but concurrently with this necessary to bring an endangered or a might be found to be essential if better proposal. threatened species to the point at which information became available, or what Section 4(a)(3) of the Act, as listing under the Act is no longer areas may become essential over time. If amended, and implementing regulations necessary. the information available at the time of (50 CFR 424.12) require that, to the Critical habitat receives protection designation does not show that an area maximum extent prudent and under section 7 of the Act through the provides essential life cycle needs of the determinable, the Secretary designate prohibition against destruction or species, then the area should not be critical habitat at the time the species is adverse modification of critical habitat included in the critical habitat determined to be endangered or with regard to actions carried out, designation. Within the geographic area threatened. Our regulations (50 CFR funded, or authorized by a Federal occupied by the species, we will not 424.12(a)(1)) state that designation of agency. Section 7 also requires designate areas that do not now have the critical habitat is not prudent when one conferences on Federal actions that are primary constituent elements, as or both of the following situations exist: likely to result in the destruction or defined at 50 CFR 424.12(b), which
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provide essential life cycle needs of the critical habitat areas may still result in disturbance factors (for example, fire species. jeopardy findings in some cases. disturbance) that maintain the openness Our regulations state that, ‘‘The Similarly, critical habitat designations of plant cover that the species depend Secretary shall designate as critical made on the basis of the best available on. In addition, the small range of these habitat areas outside the geographic area information at the time of designation two taxa makes them vulnerable to edge presently occupied by the species only will not control the direction and effects from adjacent human activities, when a designation limited to its substance of future recovery plans, including disturbance from trampling present range would be inadequate to habitat conservation plans, or other and recreational use, the introduction ensure the conservation of the species.’’ species conservation planning efforts if and spread of non-native species, and (50 CFR 424.12(e)). Accordingly, when new information available to these the application of herbicides, pesticides, the best available scientific and planning efforts calls for a different and other contaminants (Conservation commercial data do not demonstrate outcome. Biology Institute 2000). that the conservation needs of the Methods The primary constituent elements of species require designation of critical critical habitat for Polygonum hickmanii habitat outside of occupied areas, we As required by the Act and and Chorizanthe robusta var. hartwegii will not designate critical habitat in regulations (section 4(b)(2) and 50 CFR are: areas outside the geographic area 424.12) we used the best scientific (1) Thin soils that have developed occupied by the species. information available to determine areas over outcrops of Santa Cruz mudstone Our Policy on Information Standards that contain the physical and biological and Purisima sandstone; Under the Endangered Species Act, features that are essential for the (2) ‘‘Wildflower field’’ habitat that has published in the Federal Register on survival and recovery of Polygonum developed on these thin-soiled sites; July 1, 1994 (59 FR 34271), provides hickmanii and Chorizanthe robusta var. (3) A grassland plant community that criteria, establishes procedures, and hartwegii. This information included supports the ‘‘wildflower field’’ habitat, provides guidance to ensure that our information from the California Natural which is stable over time and in which decisions represent the best scientific Diversity Data Base (CNDDB 2000), soil nonnative species do not exist or are at and commercial data available. It survey maps (Soil Conservation Service a density that has little or no adverse requires our biologists, to the extent 1978, 1979), recent biological surveys effect on resources available for growth consistent with the Act and with the use and reports, our recovery plan for these and reproduction of Polygonum of the best scientific and commercial species, additional information hickmanii and Chorizanthe robusta var. data available, to use primary and provided by interested parties, and hartwegii; original sources of information as the discussions with botanical experts. We (4) Sites that allow each population to basis for recommendations to designate also conducted multiple site visits to the survive catastrophic events and critical habitat. When determining two locations that are being proposed recolonize adjacent suitable which areas are critical habitat, a for designation. microhabitat sites, primary source of information should be Primary Constituent Elements (5) Pollinator activity between the listing package for the species. existing colonies of Polygonum Additional information may be obtained In accordance with section 3(5)(A)(i) hickmanii and Chorizanthe robusta var. from a recovery plan, articles in peer- of the Act and regulations at 50 CFR hartwegii; reviewed journals, conservation plans 424.12, in determining which areas to (6) Physical processes, such as developed by states and counties, propose as critical habitat, we consider occasional soil disturbance, that support scientific status surveys and studies, those physical and biological features natural dune dynamics along coastal and biological assessments or other (primary constituent elements) that are areas; unpublished materials (i.e., gray essential to the conservation of the (7) Seed dispersal mechanisms literature). species and that may require special between existing colonies and other Habitat is often dynamic, and management considerations or potentially suitable sites; and populations may move from one area to protection. These include, but are not (8) Sufficient integrity of the another over time. Furthermore, we limited to—space for individual and watershed above habitat for Polygonum recognize that designation of critical population growth, and for normal hickmanii and Chorizanthe robusta var. habitat may not include all of the behavior; food, water, air, light, hartwegii to maintain edaphic and habitat areas that may eventually be minerals or other nutritional or hydrologic conditions that provide the determined to be necessary for the physiological requirements; cover or seasonally wet substrate for growth and recovery of the species. For these shelter; sites for breeding, reproduction, reproduction of Polygonum hickmanii reasons, all should understand that or rearing of offspring, germination, or and Chorizanthe robusta var. hartwegii. critical habitat designations do not seed dispersal; and habitats that are signal that habitat outside the protected from disturbance or are Criteria Used To Identify Critical designation is unimportant or may not representative of the historic Habitat be required for recovery. Areas outside geographical and ecological In our delineation of the critical the critical habitat designation will distributions of a species. habitat units, we selected areas to continue to be subject to conservation The long-term probability of the provide for the conservation of actions that may be implemented under survival and recovery of Chorizanthe Polygonum hickmanii and Chorizanthe section 7(a)(1) and to the regulatory robusta var. hartwegii and Polygonum robusta var. hartwegii at the only two protections afforded by the section hickmanii is dependent upon the sites where they are known to occur. 7(a)(2) jeopardy standard and the protection of existing population sites, The two species are currently growing prohibitions of section 9, as determined and the maintenance of ecologic on less than 0.4 ha (1 ac) of land; on the basis of the best available functions within these sites, including however, habitat is not restricted solely information at the time of the action. We connectivity between colonies within to the area actually occupied by the specifically anticipate that federally close geographic proximity to facilitate species. It must include an area that is funded or assisted projects affecting pollinator activity and seed dispersal large enough to maintain the ecological listed species outside their designated mechanisms, and the ability to maintain functions upon which the species
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depends (e.g., the hydrologic and Proposed Critical Habitat Designation Unit 1: Glenwood Site edaphic conditions). We believe it is The proposed critical habitat areas Unit 1 consists of approximately 90 important to designate the area described below constitute our best ha (222 acres) to the west of Glenwood currently occupied by the two taxa that assessment at this time of the areas Drive and north and northwest of Casa is of sufficient size to maintain needed for the species’ conservation. Way, in the City of Scotts Valley, landscape scale processes and to Critical habitat is being proposed for including land owned and managed by minimize the secondary impacts Polygonum hickmanii and Chorizanthe the Salvation Army, land owned and resulting from human occupancy and robusta var. hartwegii at the only two managed by the Scotts Valley High human activities occurring in adjacent sites where they are known to occur. We School District as a Preserve, but areas. are not proposing any critical habitat excluding the rest of the High School, The units were mapped with a degree units that do not contain the plants of and to the east of Glenwood Drive, of precision commensurate with the both species. In accordance with section encompassing the parcel known as the available information, the size of the 3(5)(C) of the Act, we are proposing to Glenwood Development. All of the land unit, and the time allotted to complete designate critical habitat in the entire proposed within this unit is privately this proposed rule. We anticipate that in geographical area which can be owned. the time between the proposed rule and occupied by the species as we find that the final rule, and based upon the the areas included in the proposed Unit 2: Polo Ranch Site additional information received during designation are essential to the The Polo Ranch site consists of the public comment period, that the conservation of the two species. The approximately 35 ha (86 ac) to the east boundaries of the two mapping units areas we are proposing provide the of Carbonera Creek on the east side of will be refined. The proposed critical essential life cycle needs of the species Highway 17 and north and northeast of habitat units were delineated by and provide some or all of the habitat Navarra Drive, in the City of Scotts creating data layers in a geographic components essential for the Valley, known as the Polo Ranch, both information system (GIS) format of the conservation (primary constituent in the County of Santa Cruz, California. areas of known occurrences of elements) of C. robusta var. hartwegii All of the land being proposed for Polygonum hickmanii and Chorizanthe and P. hickmanii. The two areas being critical habitat designation is privately robusta var. hartwegii using information proposed as critical habitat are both owned. from the California Natural Diversity within the city limits of Scotts Valley in Data Base (CNDDB 2000) and the other Santa Cruz County, California, and Effects of Critical Habitat Designation information sources listed above. These include the grassland habitat that Section 7(a) of the Act requires data layers were created on a base of contains the smaller ‘‘wildflower field’’ Federal agencies to ensure that actions USGS 7.5′ quadrangle maps obtained patches. Given the threats to the habitat they fund, authorize, or carry out do not from the State of California’s Stephen P. of these species discussed above, we jeopardize the continued existence of a Teale Data Center. Because the areas believe that these areas may require listed species or destroy or adversely within proposed critical habitat special management considerations or modify its critical habitat. Destruction boundaries are portions of the San protection. or adverse modification of critical Augustin Spanish Land Grant, they have Table 1. Approximate proposed habitat is defined by our regulations as not been surveyed according to the State critical habitat area (ha (ac)) by a direct or indirect alteration that Plan Coordinate System. Therefore, Proposed Critical Habitat Unit and land appreciably diminishes the value of instead of defining proposed critical ownership. Estimates reflect the total critical habitat for both the survival and habitat boundaries using a grid of area within critical habitat unit recovery of a listed species. Such township, range, and section, we boundaries. alterations include, but are not limited defined the boundaries for the proposed to, alterations adversely modifying any critical habitat units using known Unit Local agency Private of those physical or biological features landmarks and roads. Unit 1 ...... 9 ha (22 ac) 81 ha (200 that were the basis for determining the In selecting areas of proposed critical ac) habitat to be critical (50 CFR 402.02). habitat, we made an effort to avoid Unit 2 ...... 0 ha (0 ac) ... 35 ha (86 ac) Individuals, organizations, States, local developed areas, such as housing governments, and other non-Federal developments, which are unlikely to Because we consider maintaining entities are affected by the designation contribute to the conservation of hydrologic and edaphic conditions in of critical habitat only if their actions Polygonum hickmanii and Chorizanthe these grasslands so important, the occur on Federal lands, require a robusta var. hartwegii. However, we did proposed critical habitat area extends Federal permit, license, or other not map critical habitat in sufficient outward to the following limits-(1) authorization, or involve Federal detail to exclude all developed areas, or upslope from the occurrences of P. funding. other lands unlikely to contain the hickmanii and C. robusta var. hartwegii Section 7 (a) of the Act means that primary constituent elements essential to include the upper limit of the Federal agencies must evaluate their for the conservation of P. hickmanii and immediate watershed; (2) downslope actions with respect to any species that C. robusta var. hartwegii. Areas within from the occurrences of P. hickmanii is proposed or listed as endangered or the boundaries of the mapped units, and C. robusta var. hartwegii to the threatened and with respect to its such as buildings, roads, parking lots, point at which grassland habitat is critical habitat, if any is designated or and other paved areas, lawns, and other replaced by forest habitats (oak forest, proposed. Regulations implementing urban landscaped areas will not contain redwood forest, or mixed conifer- this interagency cooperation provision any of the primary constituent elements. hardwood forest); and (3) to the of the Act are codified at 50 CFR 402. Federal actions limited to these areas, boundary of existing development. If a Federal action may affect a listed therefore would not trigger a section 7 The following general areas are species or its critical habitat, the consultation, unless they affect the proposed as critical habitat (see legal responsible Federal agency must enter species and/or primary constituent descriptions for exact critical habitat into consultation with us. If, at the elements in adjacent critical habitat. boundaries). conclusion of consultation, we issue a
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biological opinion concluding that funded or permitted, will not require permit to take according to section project is likely to result in the section 7 consultation. 10(a)(1)(B) of the Act would be subject destruction or adverse modification of Section 4(b)(8) of the Act requires us to the section 7 consultation process. critical habitat, we also provide to briefly describe and evaluate in any The Ohlone tiger beetle (Cicindela reasonable and prudent alternatives to proposed or final regulation that ohlone), a species that is proposed for the project, if any are identifiable. designates critical habitat those listing under the Act, occurs in close Reasonable and prudent alternatives are activities involving a Federal action that proximity to P. hickmanii and C. defined at 50 CFR 402.02 as alternative may adversely modify such habitat or robusta var. hartwegii at their western actions identified during consultation that may be affected by such site on Salvation Army and Scotts that can be implemented in a manner designation. Activities that may destroy Valley High School property. consistent with the intended purpose of or adversely modify critical habitat If you have questions regarding the action, that are consistent with the would be those that alter the primary whether specific activities will likely scope of the Federal agency’s legal constituent elements to the extent that constitute adverse modification of authority and jurisdiction, that are the value of critical habitat for both the critical habitat, contact the Field economically and technologically survival and recovery of Polygonum Supervisor, Ventura Fish and Wildlife feasible, and that the Director believes hickmanii or Chorizanthe robusta var. Office (see ADDRESSES section). Requests would avoid destruction or adverse hartwegii is appreciably reduced. We for copies of the regulations on listed modification of critical habitat. note that such activities may also wildlife and inquiries about Section 7(a)(4) requires Federal jeopardize the continued existence of prohibitions and permits may be agencies to confer with us on any action the species. Activities that, when addressed to the U.S. Fish and Wildlife that is likely to jeopardize the continued carried out, funded, or authorized by a Service, Portland Regional Office, 911 existence of a proposed species or result Federal agency, may directly or NE 11th Avenue, Portland, Oregon in destruction or adverse modification indirectly destroy or adversely modify 97232–4181 (503/231–6131, FAX 503/ of proposed critical habitat. Conference critical habitat include, but are not 231–6243). reports provide conservation limited to: Relationship To Habitat Conservation recommendations to assist the agency in (1) Activities that alter watershed Plans eliminating conflicts that may be caused characteristics in ways that would by the proposed action. The appreciably alter or reduce the quality Currently, there are no HCPs that conservation recommendations in a or quantity of surface and subsurface include Polygonum hickmanii and conference report are advisory. We may flow of water needed to maintain Chorizanthe robusta var. hartwegii as issue a formal conference report if natural grassland communities and the covered species. However, we believe requested by a Federal agency. Formal ‘‘wildflower field’’ habitat. Such that in most instances the benefits of conference reports on proposed critical activities adverse to Polygonum excluding habitat conservation plans habitat contain a biological opinion that hickmanii and Chorizanthe robusta var. (HCPs) from critical habitat designations is prepared according to 50 CFR 402.14, hartwegii could include, but are not will outweigh the benefits of including as if critical habitat were designated. We limited to, vegetation manipulation them. In the event that future HCPs may adopt the formal conference report such as chaining or harvesting timber in covering Polygonum hickmanii and as the biological opinion when the the watershed upslope from P. Chorizanthe robusta var. hartwegii are critical habitat is designated, if no hickmanii and C. robusta var. hartwegii; developed within the boundaries of significant new information or changes maintaining an unnatural fire regime designated critical habitat, we will work in the action alter the content of the either through fire suppression or with applicants to ensure that the HCPs opinion (see 50 CFR 402.10 (d)). prescribed fires that are too frequent or provide for protection and management Regulations at 50 CFR 402.16 require poorly-timed; residential and of habitat areas essential for the Federal agencies to reinitiate commercial development, including conservation of these species. This will consultation on previously reviewed road building and golf course be accomplished by either directing actions in instances where critical installations; agricultural activities, development and habitat modification habitat is subsequently designated and including orchardry, viticulture, row to nonessential areas, or appropriately the Federal agency has retained crops, and livestock grazing; modifying activities within essential discretionary involvement or control is (2) Activities that appreciably degrade habitat areas so that such activities will authorized by law. Consequently, some or destroy native grassland not adversely modify the primary Federal agencies may request communities, including but not limited constituent elements. The HCP consultation or conferencing with us on to livestock grazing, clearing, discing, development process would provide an actions for which formal consultation introducing or encouraging the spread opportunity for more intensive data has been completed if those actions may of nonnative species, and heavy collection and analysis regarding the affect designated critical habitat or recreational use. use of particular habitat areas by adversely modify or destroy proposed Designation of critical habitat could Polygonum hickmanii and Chorizanthe critical habitat. affect the following agencies and/or robusta var. hartwegii. The process Activities on lands being proposed as actions: development on private lands would also enable us to conduct critical habitat for the Polygonum requiring permits from Federal agencies, detailed evaluations of the importance hickmanii and Chorizanthe robusta var. such as 404 permits from the U.S. Army of such lands to the long-term survival hartwegii or activities that may Corps of Engineers, or permits from of the species in the context of indirectly affect such lands and that are Housing and Urban Development, or constructing a biologically configured conducted by a Federal agency, funded authorization of Federal grants or loans. system of interlinked habitat blocks. We by a Federal agency or that require a Such activities would be subject to the will also provide technical assistance permit from a Federal agency will be section 7 consultation process. Where and work closely with applicants subject to the section 7 consultation federally listed wildlife species occur on throughout the development of any process. Federal actions not affecting private lands proposed for development, future HCPs to identify lands essential critical habitat, as well as actions on any habitat conservation plans for the long-term conservation of non-Federal lands that are not federally submitted by the applicant to secure a Polygonum hickmanii and Chorizanthe
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robusta var. hartwegii and appropriate uses (e.g., hiking, camping, bird- Peer Review management for those lands. The take watching, enhanced watershed In accordance with our policy minimization and mitigation measures protection, improved air quality, published on July 1, 1994 (59 FR provided under such HCPs would be increased soil retention, ‘‘existence 34270), we will solicit the expert expected to protect the essential habitat values,’’ and reductions in opinions of three appropriate and lands proposed as critical habitat in this administrative costs); and independent specialists regarding this rule. (6) The methods we might use, under proposed rule. The purpose of such Economic Analysis section 4(b)(2) of the Act, in review is to ensure listing decisions are determining if the benefits of excluding based on scientifically sound data, Section 4(b)(2) of the Act requires us an area from critical habitat outweigh assumptions, and analyses. We will to designate critical habitat on the basis the benefits of specifying the area as send these peer reviewers copies of this of the best scientific and commercial critical habitat. proposed rule immediately following information available, and to consider If you wish to comment, you may publication in the Federal Register. We the economic and other relevant submit your comments and materials will invite these peer reviewers to impacts of designating a particular area concerning this proposal by any one of comment, during the public comment as critical habitat. We may exclude areas several methods. You may mail period, on the specific assumptions and from critical habitat upon a comments to the Assistant Field conclusions regarding the proposed determination that the benefits of such Supervisor, Ventura Fish and Wildlife listing and designation of critical exclusions outweigh the benefits of Office, U.S. Fish and Wildlife Service, habitat. specifying such areas as critical habitat. 2493 Portola Road, Suite B, Ventura, We will consider all comments and We cannot exclude such areas from California 93003. You may also information received during the 60-day critical habitat when such exclusion comment via the Internet to comment period on this proposed rule will result in the extinction of the [email protected]. Please submit during preparation of a final species. We will conduct an analysis of Internet comments as an ASCII file rulemaking. Accordingly, the final the economic impacts of designating avoiding the use of special characters determination may differ from this these areas as critical habitat prior to a and any form of encryption. Please also proposal. final determination. When completed, include ‘‘Attn: 1018–AH82 and your Public Hearings we will announce the availability of the name and return address in your draft economic analysis with a notice in Internet message.’’ If you do not receive The Act provides for one or more the Federal Register, and we will open a confirmation from the system that we public hearing on this proposal, if a comment period at that time. have received your Internet message, requested. Requests must be received within 45 days of the date of publication Public Comments Solicited contact us directly by calling our of the proposal in the Federal Register. We intend that any final action Ventura Fish and Wildlife Office at phone number 805–644–1766. Please Such requests must be made in writing resulting from this proposal will be as and be addressed to the Field note that the Internet address accurate and as effective as possible. Supervisor (see ADDRESSES section). We ‘‘[email protected]’’ will be closed Therefore, comments or suggestions will schedule public hearings on this out at the termination of the public from the public, other concerned proposal, if any are requested, and comment period. Finally, you may governmental agencies, the scientific announce the dates, times, and places of hand-deliver comments to our Ventura community, industry, or any other those hearings in the Federal Register office at 2493 Portola Road, Suite B, interested party concerning this and local newspapers at least 15 days Ventura, California. Our practice is to proposed rule are hereby solicited. prior to the first hearing. Comments particularly are sought make comments, including names and concerning: home addresses of respondents, Clarity of the Rule (1) The reasons why any habitat available for public review during Executive Order 12866 requires each should or should not be determined to regular business hours. Individual agency to write regulations and notices be critical habitat as provided by section respondents may request that we that are easy to understand. We invite 4 of the Act, including whether the withhold their home address from the your comments on how to make this benefit of designation will outweigh any rulemaking record, which we will honor proposed rule easier to understand, threats to the species due to designation; to the extent allowable by law. There including answers to questions such as (2) Specific information on the also may be circumstances in which we the following—(1) Are the requirements amount and distribution of Polygonum would withhold from the rulemaking in the proposed rule clearly stated? (2) hickmanii and Chorizanthe robusta var. record a respondent’s identity, as Does the proposed rule contain hartwegii habitat, and what habitat is allowable by law. If you wish us to technical jargon that interferes with the essential to the conservation of the withhold your name and/or address, clarity? (3) Does the format of the species and why; you must state this prominently at the proposed rule (grouping and order of (3) Land use designations and current beginning of your comment. However, the sections, use of headings, or planned activities in the subject areas we will not consider anonymous paragraphing, etc.) aid or reduce its and their possible impacts on proposed comments. We will make all clarity? (4) Is the description of the critical habitat; submissions from organizations or notice in the ‘‘Supplementary (4) Any economic or other impacts businesses, and from individuals Information’’ section of the preamble resulting from the proposed designation identifying themselves as helpful in understanding the notice? of critical habitat, in particular, any representatives or officials of What else could we do to make this impacts on small entities or families; organizations or businesses, available proposed rule easier to understand? (5) Economic and other values for public inspection in their entirety. Send a copy of any comments that associated with designating critical Comments and materials received will concern how we could make this rule habitat for Polygonum hickmanii and be available for public inspection, by easier to understand to the office Chorizanthe robusta var. hartwegii such appointment, during normal business identified in the ADDRESSES section at as those derived from non-consumptive hours at the above address. the beginning of this document.
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Required Determinations environment, or other units of Accordingly, the designation of government. Therefore, we do not currently occupied areas as critical Regulatory Planning and Review believe a cost benefit and economic habitat does not have any incremental In accordance with Executive Order analysis pursuant to EO 12866 is impacts on what actions may or may not 12866, this document is a significant required. be conducted by Federal agencies or rule and was reviewed by the Office of Under the Act, critical habitat may non-Federal persons that receive Management and Budget (OMB). We are not be adversely modified by a Federal Federal authorization or funding. The preparing a draft analysis of this agency action; critical habitat does not designation of areas as critical habitat proposed action, which will be available impose any restrictions on non-Federal where section 7 consultations would not for public comment, to determine the persons unless they are conducting have occurred but for the critical habitat economic consequences of designating activities funded or otherwise the specific areas as critical habitat. The sponsored, authorized, or permitted by designation may have impacts on what availability of the draft economic a Federal agency (see Table 2 below). actions may or may not be conducted by analysis will be announced in the Section 7 requires Federal agencies to Federal agencies or non-Federal persons Federal Register so that it is available ensure that they do not jeopardize the who receive Federal authorization or for public review and comments. continued existence of these species. funding that are not attributable to the (a) While we will prepare an Based upon our experience with these species listing. We will evaluate any economic analysis to assist us in species and their needs, we conclude impact through our economic analysis considering whether areas should be that any Federal action or authorized (under section 4 of the Act; see excluded pursuant to section 4 of the action that could potentially cause an Economic Analysis section of this rule). Act, we do not believe this rule will adverse modification of the proposed Non-Federal persons that do not have a have an annual economic effect of $100 critical habitat would currently be Federal ‘‘sponsorship’’ of their actions million or adversely affect an economic considered as ‘‘jeopardy’’ under the Act are not restricted by the designation of sector, productivity, jobs, the in areas occupied by the species. critical habitat.
TABLE 2.—IMPACTS OF Polygonum hickmanii AND Chorizanthe robusta VAR. hartwegii LISTING AND CRITICAL HABITAT DESIGNATION
Categories of activities Activities potentially affected by species listing Additional activities potentially affected by critical only habitat designation 1
Federal Activities Potentially Affected 2 Activities conducted by the Army Corps of Engi- Activities by these Federal Agencies in designated neers, the Department of Housing and Urban areas where section 7 consultations would not Development, and any other Federal Agencies. have occurred but for the critical habitat des- ignation. Private or other non-Federal Activities Activities that require a Federal action (permit, au- Funding, authorization, or permitting actions by Potentially Affected 3. thorization, or funding) and may remove or de- Federal Agencies in designated areas where stroy habitat for Polygonum hickmanii and section 7 consultations would not have occurred Chorizanthe robusta var. hartwegii by mechan- but for the critical habitat designation. ical, chemical, or other means or appreciably decrease habitat value or quality through indi- rect effects (e.g., edge effects, invasion of exotic plants or animals, fragmentation of habitat). 1 This column represents activities potentially affected by the critical habitat designation in addition to those activities potentially affected by list- ing the species. 2 Activities initiated by a Federal agency. 3 Activities initiated by a private or other non-Federal entity that may need Federal authorization or funding.
(b) This rule will not create inconsistencies with other Federal Regulatory Flexibility Act (5 U.S.C. 601 inconsistencies with other agencies’ agency actions. et seq.) actions. As discussed above, Federal (c) This proposed rule, if made final, In the economic analysis (required agencies have been required to ensure will not materially affect entitlements, under section 4 of the Act), we will that their actions not jeopardize the grants, user fees, loan programs, or the determine whether designation of continued existence of Chorizanthe rights and obligations of their recipients. critical habitat will have a significant robusta var. hartwegii since its listing in Federal agencies are currently required effect on a substantial number of small 1994. The prohibition against adverse to ensure that their activities do not entities. As discussed under Regulatory modification of critical habitat would jeopardize the continued existence of a Planning and Review above, this rule is not be expected to impose any listed species, and, as discussed above, not expected to result in any restrictions additional restrictions to those that we do not anticipate that the adverse in addition to those currently in currently exist in the proposed critical modification prohibition, resulting from existence for areas where section 7 habitat on currently occupied lands. We critical habitat designation, will have consultations would have occurred as will evaluate any impact of designating any incremental effects in areas of result of the species being listed under areas where section 7 consultations occupied habitat. the Act. We will also evaluate whether would not have occurred but for the designation includes any areas where critical habitat designation through our (d) This rule will not raise novel legal section 7 consultations would occur economic analysis. Because of the or policy issues. The proposed rule only as result of the critical habitat potential for impacts on other Federal follows the requirements for designation, and in such cases agency activities, we will continue to determining critical habitat contained in determine if it will significantly affect a review this proposed action for any the Act. substantial number of small entities. As
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indicated on Table 1 (see Proposed Unfunded Mandates Reform Act (2 essential to the conservation of these Critical Habitat Designation section), we U.S.C. 1501 et seq.) species are more clearly defined, and designated property owned by local In accordance with the Unfunded the primary constituent elements of the governments and private property. Mandates Reform Act (2 U.S.C. 1501 habitat necessary to the survival of the Within these areas, the types of August 25, 2000 et seq.): species are identified. While this definition and identification does not Federal actions or authorized activities (a) We believe this rule will not alter where and what federally that we have identified as potential ‘‘significantly or uniquely’’ affect small sponsored activities may occur, it may concerns are: governments. A Small Government Agency Plan is not required. Small assist these local governments in long (1) Regulation of activities affecting governments will be affected only to the range planning rather than waiting for waters of the United States by the Army extent that any programs having Federal case-by-case section 7 consultation to Corps of Engineers under section 404 of funds, permits, or other authorized occur. the Clean Water Act; activities must ensure that their actions Civil Justice Reform (2) Development on private lands will not adversely affect the critical In accordance with Executive Order requiring permits from other Federal habitat. However, as discussed above, 12988, the Department of the Interior’s agencies such as Housing and Urban these actions are currently subject to Office of the Solicitor has determined Development; equivalent restrictions through the that this rule does not unduly burden (3) Authorization of Federal grants or listing protections of the species, and no the judicial system and does meet the loans. further restrictions are anticipated to requirements of sections 3(a) and 3(b)(2) result from critical habitat designation of the Order. We designate critical Potentially some of these activities of occupied areas. In our economic sponsored by Federal agencies within habitat in accordance with the analysis, we will evaluate any impact of provisions of the Endangered Species the proposed critical habitat areas are designating areas where section 7 carried out by small entities (as defined Act. The rule uses standard property consultations would not have occurred descriptions and identifies the primary by the Regulatory Flexibility Act) but for the critical habitat designation. constituent elements within the through contract, grant, permit, or other (b) This rule will not produce a designated areas to assist the public in Federal authorization. As discussed Federal mandate of $100 million or understanding the habitat needs of above, these actions are currently greater in any year; that is, it is not a Polygonum hickmanii and Chorizanthe required to comply with the listing ‘‘significant regulatory action’’ under robusta var. hartwegii. protections of the Act, and the the Unfunded Mandates Reform Act. designation of critical habitat is not The designation of critical habitat Paperwork Reduction Act of 1995 (44 anticipated to have any additional imposes no obligations on State or local U.S.C. 3501 et seq.) effects on these activities. governments. This rule does not contain any For actions on non-Federal property Takings information collection requirements for which Office of Management and that do not have a Federal connection In accordance with Executive Order (such as funding or authorization), the Budget approval under the Paperwork 12630, this rule does not have Reduction Act is required. current, applicable restrictions of the significant takings implications. A Act remain in effect, and this rule will takings implication assessment is not National Environmental Policy Act have no additional restrictions. required. As discussed above, the We have determined that an Small Business Regulatory Enforcement designation of critical habitat affects Environmental Assessment and/or an Fairness Act (5 U.S.C. 804(2)) only Federal agency actions. The rule Environmental Impact Statement as will not increase or decrease current defined by the National Environmental In the economic analysis, we will restrictions on private property Policy Act of 1969 as amended need not determine whether designation of concerning these plant species. We do be prepared in connection with critical habitat will cause (a) any effect not anticipate that property values will regulations adopted pursuant to section on the economy of $100 million or be affected by the critical habitat 4(a) of the Endangered Species Act. A more, (b) any increases in costs or prices designations. Landowners in areas that notice outlining our reason for this for consumers, individual industries, are included in the designated critical determination was published in the Federal, State, or local government habitat will continue to have Federal Register on October 25, 1983 agencies, or geographic regions; or (c) opportunity to utilize their property in (48 FR 49244). This proposed rule does ways consistent with State law and with any significant adverse effects on not constitute a major Federal action the continued survival of the plant competition, employment, investment, significantly affecting the quality of the species. productivity, innovation, or the ability human environment. of U.S.-based enterprises to compete Federalism Government-to-Government with foreign-based enterprises. As In accordance with Executive Order Relationship With Tribes discussed above, we anticipate that the 13132, the rule does not have significant In accordance with the President’s designation of critical habitat will not Federalism effects. A Federalism memorandum of April 29, 1994, have any additional effects on these assessment is not required. As discussed ‘‘Government-to-Government Relations activities in areas where section 7 above, the designation of critical habitat With Native American Tribal consultations would occur regardless of in areas currently occupied by Governments’’ (59 FR 22951) and the the critical habitat designation. We will Polygonum hickmanii and Chorizanthe Department of the Interior’s manual at evaluate any impact of designating areas robusta var. hartwegii would have little 512 DM 2, we readily acknowledge our where section 7 consultations would not incremental impact on State and local responsibility to communicate have occurred but for the critical habitat governments and their activities. The meaningfully with federally recognized designation through our economic designations may have some benefit to Tribes on a Government-to-Government analysis. these governments in that the areas basis. The proposed designation of
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critical habitat for Polygonum hickmanii Suite B, Ventura, California 93003 (805/ Authority: 16 U.S.C. 1361–1407; 16 U.S.C. and Chorizanthe robusta var. hartwegii 644–1766). 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500, unless otherwise noted. does not contain any Tribal lands or List of Subjects in 50 CFR Part 17 lands that we have identified as 2. In § 17.12(h) as proposed to be impacting Tribal trust resources. Endangered and threatened species, Exports, Imports, Reporting and amended at 65 FR 67343, November 9, References Cited recordkeeping requirements, and 2000, revise the entry for Polygonum Transportation. hickmanii and remove the entry for A complete list of all references cited Chorizanthe robusta var. hartwegii (incl. herein, as well as others, is available Proposed Regulation Promulgation vars. robusta & hartwegii) and add the upon request from the Ventura Fish and Accordingly, the Service hereby following entry in alphabetical order Wildlife Office (see ADDRESSES section). proposes to amend part 17, subchapter under ‘‘FLOWERING PLANTS’’ to the B of chapter I, title 50 of the Code of List of Endangered and Threatened Author Federal Regulations, as set forth below: Plants to read as follows: The primary author of this proposed PART 17—[AMENDED] § 17.12 Endangered and threatened plants. rule is Constance Rutherford, Ventura Fish and Wildlife Office, U.S. Fish and 1. The authority citation for part 17 * * * * * Wildlife Service, 2493 Portola Road, continues to read as follows: (h) * * *
Species Historic range Family name Status When listed Critical Special Scientific name Common name habitat rules
FLOWERING PLANTS
******* Chorizanthe robusta Scotts Valley U.S.A. (CA) ...... Polygonaceae Buck- E ...... 17.96(a) NA var. hartwegii. Spineflower. wheat.
******* Polygonum hickmanii Scotts Valley U.S.A. (CA) ...... Polygonaceae Buck- E 17.96(a) NA Polygonum. wheat.
*******
3. In § 17.96, as proposed to be forest, and mixed conifer-hardwood ‘‘teacup hill’’, proceeding north- amended at 65 FR 66865, November 7, forest. Critical habitat units are depicted northeasterly along the ridgeline, 2000, add paragraph (a)(2) to read as for Santa Cruz County, California, on essentially paralleling the eastern follows: the maps below. boundary of the Salvation Army property; proceeding to the summit of Unit 1 § 17.96 Critical habitat—plants. the subsequent rock outcrop; proceeding (a) * * * Santa Cruz County, California. From east-southeasterly to Glenwood Drive, (2) California. USGS 7.5′ quadrangle map Felton, essentially following the treeline (i) Maps and critical habitat unit California. Mt. Diablo Meridian, downslope; proceeding north along descriptions. The following paragraphs California. Because this area was part of Glenwood Drive to Canham Road; contain the legal descriptions of the the San Augustin Spanish Land Grant, proceeding 0.3 km (0.2 mi) east on critical habitat units designated for it has not been surveyed according to Canham Road; then proceeding south multiple plant species in the State of the State Plan Coordinate System. The for approx. 0.3 km (0.2 mi), then veering California. Critical habitat does not outer perimeter of this critical habitat southeasterly and heading toward the include existing features and structures, unit is bounded by the following: summit near the northern terminus of such as buildings, roads, aqueducts, beginning at a point west of Glenwood Tabor Drive; proceeding south along the railroads, airports, other paved areas, Drive and north of Casa Way at the western edge of the existing homesites lawns, and other urban landscaped southeastern corner of the Scotts Valley on the west side of Tabor Drive until areas not containing one or more of the High School Preserve; proceeding west reaching the northern boundary of Vine primary constituent elements described along the southern boundary of the Hill School; proceeding west along the for the species in paragraph (a)(2)(ii)(A) Preserve until reaching the southwest northern boundary of Vine Hill School of this section. Therefore, these features corner of the Preserve; proceeding south until reaching the northeast corner of or structures are not included in the to the southern boundary of the Siltanen Park; proceeding south for critical habitat designation. Salvation Army property; proceeding approx. 0.2 km (0.1 mi), approaching (A) Polygonum hickmanii, Scotts west along the southern boundary of the the 90 degree bend in Vine Hill Road; Valley polygonum and Chorizanthe Salvation Army property until the point proceeding west for approx. 0.2 km (0.1 robusta var. hartwegii, Critical habitat at which the grassland community gives mi) to Glenwood Drive; and proceeding includes the grasslands and other native way to the oak woodland community; west across Glenwood Drive for approx. plant communities upslope from them then following the treeline in a 0.08 km (0.05 mi) to the southwest identified on the maps below and generally northern direction, skirting corner of the Scotts Valley High School adjacent areas out to the beginning of around the west side of ‘‘cupcake hill’’ Preserve. Inside of this boundary, the existing development and downslope and ‘‘teacup hill’’; proceeding to the following is excluded from critical out to other plant communities, pint at which treeline intersects with habitat: approximately 16 ha (40 acres) including oak woodland, redwood the ridgeline on the north side of where the Scotts Valley High School is
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situated, excepting the Scotts Valley unit is bounded by the following: 310 m (1,020 ft) in elevation; proceeding High School Preserve; and the existing beginning at Sucinto Drive; proceeding south along the ridgeline for approx. 0.2 homesites between Glenwood Drive and directly west to the closest point on km (0.1 mi) to another hill that is 320 the eastern boundary of the Scotts Carbonera Creek; proceeding north- m (1,040 ft) in elevation; proceeding Valley High School Preserve. northeasterly along Carbonera Creek to south-southeasterly along the ridgeline Unit 2 the point where Carbonera Creek crosses for approx. 0.5 km (0.3 mi) to a hill that under Highway 17; proceeding east, is approx. 305 m (1,000 ft) in elevation; Santa Cruz County, California. From then slightly east-southeasterly for proceeding west-northwesterly for USGS 7.5′ quadrangle map Laurel, California. Because this area was part of approx. 0.6 km (0.4 mi) following the approx. 0.2 km (0.1 mi); proceeding the San Augustin Spanish Land Grant, ridgeline until reaching the summit of a generally west along the northern edge it has not been surveyed according to hill that is 310 m (1,020 ft) in elevation; of the existing homesites along Navarra the State Plan Coordinate System. The proceeding southeasterly for approx. Drive, to Sucinto Drive. outer perimeter of this critical habitat 0.08 km (0.05 mi) to another hill that is BILLING CODE 4310–55–P
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BILLING CODE 4310–55–C
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(ii) California plants—Constituent thin-soiled sites; (3) A grassland plant coastal areas; (7) Seed dispersal elements. community that supports the mechanisms between existing colonies (A) Flowering plants. ‘‘wildflower field’’ habitat, which is and other potentially suitable sites; and Family Polygonaceae: Polygonum stable over time and in which nonnative (8) Sufficient integrity of the watershed hickmanii (Scotts Valley polygonum) species do not exist or are at a density above habitat for Polygonum hickmanii and Chorizanthe robusta var. hartwegii that has little or no adverse effect on and Chorizanthe robusta var. hartwegii (Scotts Valley spineflower). resources available for growth and to maintain edaphic and hydrologic Units 1 and 2, identified in the legal descriptions in paragraph (a)(2)(i)(A) of reproduction of Polygonum hickmanii conditions that provide the seasonally this section, constitute critical habitat and Chorizanthe robusta var. hartwegii; wet substrate for growth and for Polygonum hickmanii and (4) Sites that allow each population to reproduction of Polygonum hickmanii Chorizanthe robusta var. hartwegii. survive catastrophic events and and Chorizanthe robusta var. hartwegii. Within these areas, the primary recolonize adjacent suitable Dated: January 16, 2001. microhabitat sites; (5) Pollinator activity constituent elements are the habitat Kenneth L. Smith, components that provide: (1) Thin soils between existing colonies of Polygonum hickmanii and Chorizanthe robusta var. Assistant Secretary for Fish and Wildlife and that have developed over outcrops of Parks. Santa Cruz mudstone and Purisima hartwegii; (6) Physical processes, such [FR Doc. 01–1835 Filed 2–14–01; 8:45 am] sandstone; (2) ‘‘Wildflower field’’ as occasional soil disturbance, that habitat that has developed on these support natural dune dynamics along BILLING CODE 4310–55–P
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