Ione Buckwheat), and Discussion of the Two Species Proposed RIN 1018±AE25 Eriogonum Apricum Var

Home , Arctostaphylos viscida, Eriogonum apricum

34190 Federal Register / Vol. 62, No. 122 / Wednesday, June 25, 1997 / Proposed Rules

DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: nutrient-poor conditions of the soil Background which exclude other plant species; the Fish and Wildlife Service climate of the area may be moderated by Arctostaphylos myrtifolia (Ione its position due east of the Golden Gate 50 CFR Part 17 manzanita), Eriogonum apricum var. (Gankin and Major 1964, Roof 1982). apricum (Ione buckwheat), and Discussion of the Two Species Proposed RIN 1018±AE25 Eriogonum apricum var. prostratum (Irish Hill buckwheat) are found for Listing Endangered and Threatened Wildlife primarily in western Amador County, Parry (1887) described Arctostaphylos and Plants; Proposed Endangered about 70 kilometers (km) (40 miles (mi)) myrtifolia based upon material collected Status for the Plant Eriogonum southeast of Sacramento in the central near Ione, California. Subsequent Apricum (Ione Buckwheat) and Sierra Nevada foothills of California. authors variously treated this taxon as Proposed Threatened Status for the Most populations occur at elevations Uva-ursi myrtifolia (Abrams 1914), A. Plant Arctostaphylos Myrtifolia (Ione between 90 and 280 meters (m) (280 to nummularia var. myrtifolia (Jepson Manzanita) 900 feet (ft)). A few isolated occurrences 1922), Schizococcus myrtifolius of A. myrtifolia occur in adjacent (Eastwood 1934), and Arctostaphylos AGENCY: Fish and Wildlife Service, northern Calaveras County. uva-ursi ssp. myrtifolia (Roof 1982). Interior. Both species included in this proposal Wells (1993), in his treatment of ACTION: Proposed rule. exhibit marked substrate preferences California Arctostaphylos, maintained and grow in openings within chaparral the species as A. myrtifolia. SUMMARY: The Fish and Wildlife Service vegetation on lateritic soils crusts Arctostaphylos myrtifolia is an (Service) proposes endangered status (cement-like crusts of yellow iron oxide) evergreen shrub of the heath family pursuant to the Endangered Species Act developed under a subtropical or (Ericaceae) that lacks a basal burl. of 1973, as amended (Act), for tropical climate during the Eocene (35– Attaining a height of generally less than Eriogonum apricum (inclusive of vars. 57 million years before present); the 1.2 m (3.8 ft), plants appear low and apricum and prostratum) (Ione laterite is associated with the Ione spreading. The bark is red, smooth, and buckwheat). The Service also proposes Formation (Allen 1929). The ‘‘Ione waxy. Olive green, narrowly elliptic threatened status for Arctostaphylos soils’’ in the area are coarse-textured leaves are 6 to 15 millimeters (mm) (0.2 myrtifolia (Ione manzanita). These two and exhibit soil properties typical of to 0.6 inches (in.)) long. Red scale-like species occur primarily on soils derived those produced under tropical climates inflorescence bracts are 1 to 2 mm (0.1 from the Ione Formation in Amador or such as high acidity, high aluminum in.) long. White or pinkish urn-shaped Calaveras counties in the central Sierra content, and low fertility (Singer 1978). flowers appear from January to Nevada foothills of California and are These soils and the sedimentary February. The fruit is cylindric. The imperiled by one or more of the deposits with which they are associated species depends almost entirely on fire following factors—mining, clearing of also contain large amounts of to promote seed germination (Wood and vegetation for agriculture and fire commercially valuable minerals Parker 1988). Arctostaphylos myrtifolia protection, disease, inadequate including quartz sands, kaolinitic clays, can be distinguished from other species regulatory mechanisms, habitat lignite (low-grade coal), and possible in the same genus by its smaller stature fragmentation, residential and gold-bearing gravels (Chapman and and the color of its leaves. commercial development, changes in Bishop 1975). The nearest modern-day Arctostaphylos myrtifolia is reported fire frequency, and continued erosion relatives to these soils occur in Hawaii from 17 occurrences (CNDDB 1997). due to prior off-road vehicle use. and Puerto Rico (Singer 1978). Because most of these occurrences are Random events increase the risk to the The vegetation in the Ione area is based on the collection localities of few, small populations of E. apricum. distinctive enough to be designated as individual specimens, it is uncertain This proposal, if made final, would ‘‘Ione chaparral’’ in a classification of how many stands these 17 occurrences implement the Federal protection and plant communities in California represent. Arctostaphylos myrtifolia recovery provisions afforded by the Act (Holland 1986). Stebbins (1993) may occur in about 100 individual for these plants. characterized the Ione chaparral as an stands which cover a total of about 400 ecological island, which he defined as a ha (1,000 ac) (Roy Woodward, Bechtel, DATES: Comments from all interested relatively small area with particular in litt. 1994). It occurs primarily on parties must be received by August 25, climatic and ecological features that outcrops of the Ione Formation within 1997. Public hearing requests must be differ significantly from surrounding an area of about 91 square (sq.) km (35 received by August 11, 1997. areas. This plant community occurs sq. mi) in Amador County. In addition, ADDRESSES: Comments and materials only on very acidic, nutrient-poor, a few disjunct populations occur in concerning this proposal should be sent coarse soils, and is comprised of low- Calaveras County. The populations to the Field Supervisor, Sacramento growing heath-like shrubs and scattered range in elevation from 60 to 580 m (190 Field Office, U.S. Fish and Wildlife herbs (Holland 1986). The dominant to 1900 ft), with the largest populations Service, 3310 El Camino Avenue, Suite shrub is Arctostaphylos myrtifolia, occurring at elevations between 90 and 130, Sacramento, California 95821– which is narrowly endemic to the area. 280 m (280 and 900 ft) (Wood and 6340. Comments and materials received, Ione chaparral is restricted in Parker 1988). Arctostaphylos myrtifolia as well as the supporting documentation distribution to the vicinity of Ione in is the dominant and characteristic used in preparing the rule, will be Amador County, and a few local areas species of Ione chaparral, where it available for public inspection, by of adjacent northern Calaveras County occurs in pure stands. It also occurs in appointment, during normal business where the community is estimated to an ecotone with surrounding taller hours at the above address. cover 2,430 hectares (ha) (6,000 acres chaparral types, but it does not persist FOR FURTHER INFORMATION CONTACT: (ac)) (California Natural Diversity if it is shaded (R. Woodward, in litt. Kirsten Tarp, Sacramento Field Office Database (CNDDB) 1994). The endemic 1994). It is impossible to quantify the (see ADDRESSES section) (telephone plants that grow here are thought to do amount of A. myrtifolia habitat already 916/979–2120; facsimile 916/979–2128). so because they can tolerate the acidic, lost to mining because information Federal Register / Vol. 62, No. 122 / Wednesday, June 25, 1997 / Proposed Rules 34191 regarding the total mineral production barren outcrops within the Ione General comments received in as well as the total acreage of land chaparral. Of the 9 known occurrences relation to the 1976 proposal were newly disturbed by a mining operation of E. apricum var. apricum, one is summarized in an April 26, 1978, rule is proprietary (Maryann Showers, partially protected by CDFG (CNDDB (43 FR 17909). Amendments to the Act California Department of Mining and 1994). Eriogonum apricum var. apricum in 1978 required that all proposals over Geology, pers. comm. 1994). Although occurs primarily on private or non- 2 years old be withdrawn. A 1-year the exact area of habitat lost is Federal land; BLM manages one grace period was given to those unknown, a significant loss of habitat occurrence. Mining, clearing of proposals already more than 2 years old. has occurred (Roof 1982; Stebbins 1993; vegetation for agriculture and for fire In a December 10, 1979, notice (44 FR Wood, in litt. 1994). Mining, disease, protection, inadequate regulatory 70796), the Service withdrew the June clearing of vegetation for agriculture and mechanisms, habitat fragmentation, 16, 1976, proposal, along with four fire protection, inadequate regulatory increased residential development, and other proposals that had expired. mechanisms, habitat fragmentation, erosion threaten both populations of The Service published a Notice of residential and commercial this plant. Review for plants on December 15, 1980 development, changes in fire frequency, Eriogonum apricum var. prostratum (45 FR 82480) that listed those plants and ongoing erosion threaten various has smaller leaves, a prostrate habit currently considered for listing as populations of this plant (CNDDB 1997; (lying flat), and an earlier flowering time endangered or threatened. The three Ed Bollinger, Acting Area Manager, than E. apricum var. apricum. The 2 taxa were included as candidates for Bureau of Land Management (BLM), known occurrences of E. apricum var. Federal listing in this document. Folsom Resource Area, in litt. 1994, prostratum are restricted to otherwise Candidate taxa are those for which the Michael Wood, Botanical Consultant, in barren outcrops on less than 0.4 ha (1 Service has on file substantial litt. 1994). Arctostaphylos myrtifolia ac) in openings of Ione chaparral on information on biological vulnerability occurs primarily on private or non- private land. Mining, inadequate and threats to support preparation of Federal lands. The BLM manages one regulatory mechanisms, habitat listing proposals. The November 28, occurrence on the Ione Manzanita Area fragmentation, erosion, and random 1983, supplement to the Notice of of Critical Environmental Concern events threaten the occurrences of this Review (48 FR 53640) made no changes (ACEC). Four small, pure populations plant. to the designation for these taxa. The plant notice was revised again on and several smaller, mixed populations Previous Federal Action also occur on the state-owned Apricum September 27, 1985 (50 FR 39526), Hill Ecological Reserve managed by the Federal government actions on both February 21, 1990 (55 FR 6184), and California Department of Fish and Game plants began as a result of section 12 of September 30, 1993 (58 FR 51144). In (CDFG) (Wood and Parker 1988). the Endangered Species Act of 1973, as these three notices, Arctostaphylos Eriogonum apricum comprises two amended (16 U.S.C. 1531 et seq.), which myrtifolia, Eriogonum apricum var. varieties—Eriogonum apricum var. directed the Secretary of the apricum and E. apricum var. prostratum apricum and E. apricum var. Smithsonian Institution to prepare a were again included as candidates. All prostratum. Descriptions are provided report on those plants considered to be three taxa were also included as below for each of the varieties. endangered, threatened, or extinct in the candidates in the February 28, 1996, Howell described the species United States. This report, designated as Notice of Review (61 FR 7596). Eriogonum apricum (Ione buckwheat) in House Document No. 94–51, was Section 4(b)(3)(B) of the Act requires 1955 based on a specimen collected in presented to Congress on January 9, the Secretary to make certain findings the foothills of the Sierra Nevada near 1975, and included Arctostaphylos on pending petitions within 12 months Ione, Amador County, California. Myatt myrtifolia, Eriogonum apricum var. of their receipt. Section 2(b)(1) of the described a variety of the Ione apricum and E. apricum var. prostratum 1982 amendments further requires that buckwheat, E. apricum var. prostratum as endangered species. The Service all petitions pending on October 13, (Irish Hill buckwheat) in 1970. published a notice on July 1, 1975 (40 1982, be treated as having been newly According to the rules for botanical FR 27823) of its acceptance of the report submitted on that date. This was the nomenclature, when a new variety is of the Smithsonian Institution as a case for Arctostaphylos myrtifolia, described in a species not previously petition within the context of section Eriogonum apricum var. apricum and E. divided into infraspecific taxa, an 4(c)(2) (petition provisions are now apricum var. prostratum, because the autonym (an automatically generated found in section 4(b)(3) of the Act) and 1975 Smithsonian report had been name) is created. In this case, the its intention to review the status of the accepted as a petition. On October 13, autonym is Eriogonum apricum var. plant taxa named therein. The above 1982, the Service found that the apricum. three taxa were included in the July 1, petitioned listing of these species was Both varieties, Eriogonum apricum 1975, notice. On June 16, 1976, the warranted, but precluded by other vars. apricum and prostratum, are Service published a proposal (41 FR pending listing actions, in accordance perennial herbs in the buckwheat family 24523) to determine approximately with section 4(b)(3)(B)(iii) of the Act; (Polygonaceae). Eriogonum apricum var. 1,700 vascular plant species to be notification of this finding was apricum is glabrous (smooth, without endangered species pursuant to section published on January 20, 1984 (49 FR hairs or glands) and grows upright to 8 4 of the Act. The list of 1,700 plant taxa 2485). Such a finding requires the to 20 centimeters (cm) (3 to 8 in.) in was assembled on the basis of petition to be recycled, pursuant to height. Its leaves are basal, round to comments and data received by the section 4(b)(3)(C)(I) of the Act. The oval, and 3 to 5 mm (0.1 to 0.3 in.) wide. Smithsonian Institution and the Service finding was reviewed annually in The calyx (outer whorl of flower parts) in response to House Document No. 94– October of 1983 through 1994. is white with reddish midribs. 51 and the July 1, 1975, Federal Publication of this proposal constitutes Eriogonum apricum var. apricum Register publication. Arctostaphylos the final finding for the petitioned flowers from July to October, and is myrtifolia, E. apricum var. apricum, and action. restricted to 9 occurrences occupying a E. apricum var. prostratum were Eriogonum apricum has a listing total of approximately 4 ha (10 ac) (The included in the June 16, 1976, Federal priority number of 2 (each variety has a Nature Conservancy 1984) on otherwise Register document. listing priority number of 3). 34192 Federal Register / Vol. 62, No. 122 / Wednesday, June 25, 1997 / Proposed Rules

Arctostaphylos myrtifolia has a listing University, in litt. 1994). Strip mining of of Arctostaphylos myrtifolia. In 1993, a priority number of 8. Processing of this silica for glass and clay for ceramics and 43 ha (107 ac) parcel in the City of Ione rule is a Tier 3 action under the current industrial filters has extirpated reported to have A. myrtifolia was listing priority guidance (61 FR 64480). populations of A. myrtifolia north and cleared, presumably to facilitate future south of Highway 88 (Roof 1982). development (Randy L. Johnsen, Ione Summary of Factors Affecting the By 1982, a significant amount of City Administrator, in litt. 1994). The Species habitat already had been lost (Roof Amador County master plan has zoned Section 4 of the Act and regulations 1982; Stebbins 1993; Wood, in litt. an area in the northern Ione chaparral (50 CFR part 424) promulgated to 1994). Fifteen active surface mines on near Carbondale for industrial uses. implement the listing provisions of the private land near Ione continue to This area of about 75 ha (185 ac) is Act set forth the procedures for adding remove the habitat of both plants; proposed to be developed over the next species to the Federal lists of approved reclamation plans show that 10 years (Ron Mittlebrunn, Amador endangered and threatened species. A in excess of 1,400 ha (3,500 ac) of Council of Economic Development, species may be determined to be surface removal will occur (mining pers. comm. 1994). Zoning for most endangered or threatened due to one or reports on file at California Department lands outside the City of Ione permits more of the five factors described in of Geology and Mines; CDFG 1992; V. one house on 16 ha (40 ac) density (Gary section 4(a)(1). These factors and their Thomas Parker, in litt. 1994; Michael K. Clark, Amador County Planning application to Arctostaphylos myrtifolia Wood, in litt. 1994). The exact amount Department, in litt. 1994). Habitat loss C. Parry (Ione manzanita) and of habitat loss to date cannot be and degradation outside the City of Ione Eriogonum apricum J. Howell (inclusive quantified because information results from development of small of vars. apricum and prostratum R. regarding the total mineral production ranches and associated clearing for fire Myatt) (Ione buckwheat) are as follows: as well as the total acreage of land protection, pastures, buildings, and A. The present or threatened newly disturbed by a mining operation infrastructure (G. Clark, in litt. 1994). destruction, modification, or is proprietary (Maryann Showers, pers. Clearing destroys individual plants of curtailment of its habitat or range. comm. 1994). Based on an estimate both species and fragments and Nearly all occurrences of both plant derived from mining reports on file at degrades the habitat. species occur on private or non-Federal California Department of Geology and Mining operations, land clearing for land. The primary threat facing both Mines, over half of the Ione chaparral agriculture; and commercial and species is the ongoing and threatened habitat, numerous stands of residential development have destruction and modification of their Arctostaphylos myrtifolia, and most of fragmented and continue to fragment habitat by mining for silica sand, clay, the occurrences of Eriogonum apricum and isolate the habitat of Arctostaphylos lignite, common sand and gravel, and occur within areas that will be impacted myrtifolia in Amador County. Habitat reclamation of mined lands to by the 15 mines. Mining has eliminated fragmentation may disrupt natural vegetation in which these species several populations of A. myrtifolia ecosystem processes by changing the cannot exist. A lesser degree of threat is south of Ione since 1990 (V. Thomas amount of incoming solar radiation, posed by commercial or residential Parker, in litt. 1994). The East Lambert water, wind, and/or nutrients (Saunders development, clearing for agriculture Project, a proposed open pit to mine et al. 1991) and further exacerbates the and fire protection, and continued clay, lignite, and silica, if approved, impacts of mining, off-road vehicular erosion due to previous fireline would remove part of a population of A. use, and other human activities. construction and a driver training myrtifolia. Clay mining threatens one of The population of Arctostaphylos course used by fire fighters. the two remaining populations of myrtifolia occurring on the BLM Ione The habitat of Arctostaphylos Eriogonum apricum var. prostratum Manzanita ACEC was degraded by myrtifolia and Eriogonum apricum (CDFG 1991). The second population is California Department of Forestry’s occurs in areas that contain valuable not protected and potentially could be training activities. Building firelines and minerals. Clay mining began in the Ione mined (CDFG 1991). Most of the 9 conducting driver training courses area around 1860. Since this time, the populations of E. apricum var. apricum resulted in a criss-crossing of roads and Ione area has produced about a third of occur on private land that is not trails within the ACEC that reduced and the fire clay in California (Chapman and protected and could be mined. fragmented the habitat (BLM 1989). Bishop 1975). Lignite, a low-grade coal, As discussed in Factor D, mining Although these practices were also has been mined in the Ione area reclamation results in conversion of discontinued in 1991 the roads have not since the early 1860’s, initially as a fuel former habitat to rangeland, pasture, revegetated naturally and continued source, but more recently for wax used and other agricultural uses. erosion of the roads and adjacent habitat for industrial purposes. Chapman and Additionally, once the area is mined, remains a concern (Ed Bollinger, BLM, Bishop (1975) reported the Ione lignites the specialized substrate required by the Folsom Resource Area, in litt. 1994). were the only lignites used plants may no longer be present. This B. Overutilization for commercial, commercially in the United States in the type of disturbance permanently recreational, scientific, or educational production of a specialized wax precludes restoration of habitat suitable purposes. Overutilization is not (montan wax). Quartz sand used in for Arctostaphylos myrtifolia and currently known to be a factor for the making glass containers, and laterite, Eriogonum apricum. To a lesser extent, two plants, but unrestricted collecting used for making cement, also are land conversion to grazing and for scientific or horticultural purposes commercially mined in the Ione area agriculture also has degraded or or excessive visits by individuals (Chapman and Bishop 1975). Common destroyed the habitat for these plants interested in seeing rare plants could sands and gravels are also mined for (Michael Wood, in litt. 1994; Wood and potentially result for Eriogonum various uses. Mining of all of these Parker 1988; V. Thomas Parker, in litt. apricum from increased publicity as a deposits has resulted in the direct 1994). Both activities continue to pose result of this proposal. removal of habitat for both plant species threats to the habitat of the subject plant C. Disease or predation. Livestock (Michael Wood, Botanical Consultant, taxa. graze one population of Eriogonum in litt. 1994; Wood and Parker 1988; V. Commercial and residential apricum var. prostratum, but grazing is Thomas Parker, San Francisco State development also threatens the habitat not considered to be harmful (CNDDB Federal Register / Vol. 62, No. 122 / Wednesday, June 25, 1997 / Proposed Rules 34193

1994). An unidentified fungal pathogen conducting a review of the project and although one plan indicated an has caused major die-back of partial or consulting with the other agencies intention to allow A. myrtifolia, known entire stands of Arctostaphylos concerned with the resources affected to occur on the site, to re-establish itself myrtifolia throughout its range (Wood by the project. Section 15065 of the (mining reports on file at California and Parker 1988; Wood, in litt. 1994). CEQA guidelines, now undergoing Department of Geology and Mines). As The majority of populations of A. amendment, requires a finding of a result, reclamation of mining impacts myrtifolia show signs of die-back. The significance if a project has the potential will not result in re-establishment of the fungal disease is a serious problem for to ‘‘reduce the number or restrict the native vegetation. CSMRA also does not the populations south of Ione (M. Wood, range of a rare or endangered plant or apply to the prospecting or extraction of pers. comm. 1994). Stands along animal.’’ Species that are eligible for minerals for commercial purposes, as Highway 88 that were healthy a few listing as rare, threatened, or well as the removal of material that lies years ago are being killed with little endangered are given the same above or between natural mineral evidence of seedlings regeneration (Neil protection as species officially listed deposits in amounts less than 760 cubic Havlik, Solano County Farmland and under the State or Federal governments. m (1,000 cubic yards) in any location of Open Space Foundation, pers. comm. Once significant effects are identified, 0.4 ha (1 ac) or less. 1994). Wood and Parker conducted a the lead agency has the option to require CSMRA is also inadequate for series of controlled burns to test the mitigation for effects through changes in protection of the species subject to this regeneration of stands that had no, the project or to decide that overriding proposed rule because reclamation partial, and complete die-back. To date, considerations make mitigation plans are required to be submitted only stands that were completely killed by infeasible. In the latter case, projects for operations conducted after January the fungus before burning have not may be approved that cause significant 1, 1976. Surface mining operations that regenerated. Healthy and partially environmental damage, such as the were permitted or authorized prior to affected stands regenerated, but it is not destruction of State-listed endangered January 1, 1976, are not required to yet known if this regeneration will species. The protection of Eriogonum submit reclamation plans as long as no result in healthy stands (M. Wood, in apricum var. apricum, E. apricum var. substantial changes are made in their litt. 1994). prostratum, and Arctostaphylos operation. The lead agency is D. The inadequacy of existing myrtifolia under CEQA is therefore responsible for determining what regulatory mechanisms. Eriogonum dependent upon the discretion of the constitutes a substantial change in apricum vars. apricum and prostratum lead agency. operation. are listed as endangered under the Section 21080(b) of CEQA allows Although the City of Ione General California Endangered Species Act certain projects to be exempted from the Plan and the Environmental Impact (chapter 1.5 section 2050 et seq. of the CEQA process. Ministerial projects, Report of the Banks annexation to the California Fish and Game Code and those projects that the public agency City of Ione includes the protection of Title 14 California Code of Regulations must approve after the applicant shows Arctostaphylos myrtifolia and 670.2). Individuals are required to compliance with certain legal Eriogonum apricum as a goal, the City obtain a management authorization with requirements, may be approved or has no regulatory mechanism to stop the California Department of Fish and carried out without undertaking CEQA land clearing and/or preserve natural Game (CDFG) to possess or ‘‘take’’ a review. Examples of ministerial projects habitat (R. Johnsen, in litt. 1994). listed species under the California include final subdivision map approval Endangered Species Act. Although the and most building permits (Bass and Two preserves support occurrences of ‘‘take’’ of State-listed plants is Herson 1994). Arctostaphylos myrtifolia and prohibited (California Native Plant The California Surface and Mining Eriogonum apricum var. apricum. The Protection Act, chapter 10 sec. 1908 and Reclamation Act of 1975 (CSMRA) Apricum Hill Ecological Reserve, California Endangered Species Act, (chapter 9, section 2710 et seq. of the managed by the California Department chapter 1.5 sec. 2080), State law appears California Public Resources Code) of Fish and Game, is about 15.2 ha (37.5 to exempt the taking of such plants via requires that adverse environmental ac). The Ione manzanita ACEC, managed habitat modification or land use changes effects are prevented or minimized and by BLM, covers 35 ha (86 ac). Because by the owner. This State law does not that mined lands are reclaimed to a both preserves are small, they are necessarily prohibit activities that could useable condition that is readily subject to edge effects such as shading extirpate this species. After CDFG adaptable for alternative land uses. by taller shrubs or competition with notifies a landowner that a State-listed Although CSMRA requires reclamation invasive vegetation (see Factor A and E plant grows on his or her property, State for mining activities, the standards for for more detail). law requires only that the land owner reclamation and the success of any E. Other natural or manmade factors notify the agency ‘‘at least 10 days in revegetation is judged on the approved affecting its continued existence. The advance of changing the land use to end use of the land. Approved examples effects of altered fire periodicity on allow salvage of such a plant’’ (Native of these end uses for mining activities Arctostaphylos myrtifolia have not been Plant Protection Act, chapter 10 sec. within the Ione area include water well studied. Arctostaphylos myrtifolia 1913). Ten days may not allow adequate storage for irrigation, grazing, rangeland, lacks the ability to crown sprout and is time for agencies to coordinate the seeding with grasses for pasture, and killed outright by fire. It must, therefore, salvage of the plants. intensive agriculture (mining reports on reproduce by seed. Abundant post-fire The California Environmental Quality file at California Department of Geology seed germination has been reported by Act (CEQA) (chapter 2 section 21050 et and Mines). CSMRA does not require Roof (1982) and by Woodward (in litt. seq. of the California Public Resources replacement of the same vegetation 1994) who also reported successful Code) requires a full disclosure of the type, species, or percentage of reestablishment of the species on potential environmental impacts of vegetation cover as the habitat that is ground scraped by tractors during a fire proposed projects. The public agency lost. No approved mining reclamation suppression operation. The response of with primary authority or jurisdiction plans included measures to attempt A. myrtifolia to fire appears, however, to over the project is designated as the lead restoration of either Arctostaphylos be irregular and unpredictable (Wood agency and is responsible for myrtifolia or Eriogonum apricum, and Parker 1988). 34194 Federal Register / Vol. 62, No. 122 / Wednesday, June 25, 1997 / Proposed Rules

Fire appears to be necessary for the events. The two small, isolated Critical Habitat long-term maintenance of the Ione populations of Eriogonum apricum var. Critical habitat is defined in section 3 chaparral community. Controlled prostratum, makes random extinction of the Act as: (i) The specific areas burning may be a viable means of more likely. Chance events, such as within the geographical area occupied ensuring adequate reproduction of disease outbreaks, reproductive failure, by a species, at the time it is listed in Arctostaphylos myrtifolia, or perhaps extended drought, landslides, or accordance with the Act, on which are even controlling or preventing loss due combination of several such events, found those physical or biological to the fungal pathogen (M. Wood, in litt. could destroy part of a single population features (I) essential to the conservation 1994, V.T. Parker, in litt. 1994). Field or entire populations. A local of the species and (II) that may require observations and controlled catastrophe also could decrease a special management consideration or experiments to date, however, suggest population to so few individuals that protection and; (ii) specific areas that caution be exercised in the use of the risk of extirpation due to genetic and outside the geographical area occupied fire until the reasons for the variability demographic problems inherent to small by a species at the time it is listed, upon in the response of A. myrtifolia are populations would increase. a determination that such areas are better understood. Long term study sites essential for the conservation of the established to study this response have The Service has carefully assessed the species. ‘‘Conservation’’ means the use been graded and cleared by the land best scientific and commercial of all methods and procedures needed owner (V.T. Parker, in litt. 1994, M. information available regarding the past, to bring the species to the point at Wood, in litt. 1994 ). present, and future threats faced by which listing under the Act is no longer Re-establishment in mined areas may these species in determining to propose necessary. be difficult for Arctostaphylos myrtifolia this rule. Eriogonum apricum (inclusive due to a lack of the required specialized Section 4(a)(3) of the Act, as of vars. apricum and prostratum) is amended, and implementing regulations substrate and an absence of proven known from 11 populations on propagation methods (E. Bollinger, in (50 CFR 424.12) require that, to the approximately 4 ha (10 ac) in Amador maximum extent prudent and litt. 1994). Researchers have attempted a County, California. The species is variety of germination and seed bank determinable, the Secretary designate endangered by mining, clearing of critical habitat at the time the species is experiments without success (Wood and vegetation for agriculture and for fire Parker 1988). Others have also determined to be endangered or protection, inadequate regulatory threatened. The Service finds that attempted to cultivate the species with mechanisms, habitat fragmentation, little or no success (R. Gankin, pers. designation of critical habitat is not residential and commercial comm., cited in Wood and Parker 1988). prudent for Eriogonum apricum and development and ongoing erosion. Although the plant has a limited Arctostaphylos myrtifolia at this time. capacity to root from its lower branches, Eriogonum apricum is in danger of Service regulations (50 CFR Roof (1982) reported that he was extinction throughout all or a part of its 424.12(a)(1)) state that designation of unaware of even a single plant that had range and the preferred action is, critical habitat is not prudent when one been grown or cultivated from a rooted therefore, to list it as endangered. or both of the following situations branch. The only report of successful Arctostaphylos myrtifolia is reported exist—(1) The species is threatened by cultivation indicates that the plant from 17 sites, and estimated to occur in taking or other human activity, and requires high soil-acidity and heavy a total of about 100 stands covering identification of critical habitat can be supplements of soluble aluminum (Roof about 400 ha (1,000) acres in Amador expected to increase the degree of threat 1982). County, with a few occurrences in to the species, or (2) such designation of Throughout its range, on habitat edges Calaveras County. It is threatened by critical habitat would not be beneficial where better soil development occurs, mining, disease, clearing of vegetation to the species. Arctostaphylos myrtifolia is being for agriculture and for fire protection, Because Eriogonum apricum and outcompeted by native vegetation. inadequate regulatory mechanisms, Arctostaphylos myrtifolia face Arctostaphylos viscida (white-leaf habitat fragmentation, increased numerous human-caused threats (see manzanita), a more rapidly growing, residential development and changes in Factors A and E in ‘‘Summary of Factors taller manzanita, encroaches along the fire frequency. Although A. myrtifolia Affecting the Species’’) and occur edge of stands of A. myrtifolia, shading faces many of the same threats as predominantly on private land, the publication of precise maps and individuals. Arctostaphylos myrtifolia is Eriogonum apricum, the significantly descriptions of critical habitat in the eliminated when A. viscida grows tall wider range and greater number of Federal Register would make these enough to shade it (M. Wood, pers. populations and individuals of A. plant species more vulnerable to comm. 1994; Roy Woodward, in litt. myrtifolia moderate the threats. Thus, A. 1994). This is not likely to be a incidents of vandalism and, therefore, myrtifolia is not now in danger of significant threat to the species, could contribute to the decline of these extinction throughout a significant however, because most stands occur on species and increase enforcement substrates from which taller shrubs are portion of its range, as is E. apricum, but problems. A 43 ha (107 ac) parcel excluded. is likely to become endangered within previously identified in a public As discussed in factor A, habitat the foreseeable future. Therefore, the document as habitat for these species fragmentation may alter the physical preferred action is to list A. myrtifolia was cleared in 1993, presumably to environment. Plant species may as threatened. Other alternatives to this facilitate future development (R. disappear from chaparral fragments that action were considered but not Johnsen, in litt. 1994). The listing of E. are from 10 to 100 ha in size due to preferred because not listing Eriogonum apricum as endangered also publicizes persistent disturbance and potentially apricum (inclusive of vars. apricum and the rarity of this plant and, thus, can due to change in fire frequency (Soule´ prostratum) as endangered and make it attractive to researchers or et al. 1992). In addition, habitat Arctostaphylos myrtifolia as threatened collectors of rare plants. fragmentation increases the risks of would not provide adequate protection Furthermore, critical habitat extinction due to random and not be in keeping with the purposes designation for Arctostaphylos environmental, demographic, or genetic of the Act. myrtifolia and Eriogonum apricum is Federal Register / Vol. 62, No. 122 / Wednesday, June 25, 1997 / Proposed Rules 34195 not prudent due to lack of benefit. All Service on any action that is likely to reduce the species to possession from but one occurrence of E. apricum and jeopardize the continued existence of a areas under Federal jurisdiction. In most occurrences of Arctostaphylos proposed species or result in addition, for plants listed as myrtifolia are on non-Federal land. destruction or adverse modification of endangered, the Act prohibits malicious Furthermore, since E. apricum has very proposed critical habitat. If a species is damage or destruction on areas under specific habitat requirements and listed subsequently, section 7(a)(2) Federal jurisdiction, and the removal, occupies a total of only about 4 ha (10 requires Federal agencies to ensure that cutting, digging up, or damaging or ac) at few locations, any activity that activities they authorize, fund, or carry destroying of such plants in knowing would adversely modify critical habitat out are not likely to jeopardize the violation of any State law or regulation, or destroy plants would likely continued existence of the species or to including state criminal trespass law. jeopardize the continued existence of E. destroy or adversely modify its critical Section 4(d) of the Act allows for the apricum. Therefore, designation of habitat. If a Federal action may affect a provision of such protection to critical habitat would provide little, if listed species or its critical habitat, the threatened species through regulation. any, additional benefit beyond listing. responsible Federal agency must enter This protection may apply to The Service, therefore, concludes that into formal consultation with the Arctostaphylos myrtifolia in the future if designation of critical habitat is not Service. regulations are promulgated. Seeds from prudent for these species both because Almost all of the occurrences for both cultivated specimens of threatened such designation can be expected to species are on private land. One plants are exempt from these increase the degree of threat to the population of Arctostaphylos myrtifolia prohibitions provided that their species and because of a lack of benefit and a population of Eriogonum apricum containers are marked ‘‘Of Cultivated from such action. var. apricum occur on Federal land Origin’’ appears on the shipping Protection of the habitat of these managed by the BLM. Other potential containers. Certain exceptions to the species will be addressed through the Federal involvement includes the prohibitions apply to agents of the recovery process and through the construction and maintenance of roads Service and state conservation agencies. section 7 consultation process. The and highways by the Federal Highway It is the policy of the Service (59 FR Service believes that Federal Administration (2 populations of E. 34272) to identify to the maximum involvement in the areas where these apricum var. apricum occur along right- extent practicable at the time a species plants occur can be identified without of-ways owned by Caltrans), the is listed those activities that would or the designation of critical habitat. permitting of lignite or coal mines would not constitute a violation of Therefore, the Service finds that through the Federal Office of Surface section 9 of the Act. The intent of this designation of critical habitat for these Mining Reclamation and Enforcement, policy is to increase public awareness of plants is not prudent at this time, and the relicensing of hydroelectric the effect of the listing on proposed and because such designation likely would projects by the Federal Energy ongoing activities within a species’ increase the degree of threat from Regulatory Commission. range. Less than 5 percent of the vandalism, collecting, or other human Listing these two plant species would occurrences of the two species occur on activities, and because it provides no provide for development of a recovery public (Federal) lands. Collection, benefits to the species beyond those plan (or plans) for them. Such plan(s) damage or destruction of these species which are provided by listing. would bring together both State and on Federal lands is prohibited, although Federal efforts for conservation of the in appropriate cases a Federal Available Conservation Measures plants. The plan(s) would establish a endangered species permit may be Conservation measures provided to framework for agencies to coordinate issued to allow collection for scientific species listed as endangered or activities and cooperate with each other or recovery purposes. Such activities on threatened under the Act include in conservation efforts. The plan(s) non-Federal lands would constitute a recognition, recovery actions, would set recovery priorities and violation of section 9 when conducted requirements for Federal protection, and estimate costs of various tasks necessary in knowing violation of California State prohibitions against certain activities. to accomplish them. It also would law or regulations or in violation of Recognition through listing encourages describe site-specific management State criminal trespass law. See factor D. and results in conservation actions by actions necessary to achieve for a discussion of California’s law Federal, State, local agencies, private conservation and survival of the two protecting plants. organizations, and individuals. The Act plants. Additionally, pursuant to section Activities that are not prohibited by provides for possible land acquisition 6 of the Act, the Service would be more the Federal listing of these plants and cooperation with the State and likely to grant funds to affected states include livestock grazing, clearing a requires that recovery actions be carried for management actions promoting the defensible space for fire protection out for all listed species. The protection protection and recovery of these species. around one’s personal residence, and required of Federal agencies and the The Act and its implementing landscaping (including irrigation), prohibitions against certain activities regulations set forth a series of general around one’s personal residence. involving listed plants are discussed, in prohibitions and exceptions that apply Questions regarding whether specific part, below. to all endangered or threatened plants. activities will constitute a violation of Section 7(a) of the Act, as amended, All prohibitions of section 9(a)(2) of the section 9 should be directed to the Field requires Federal agencies to evaluate Act, implemented by 50 CFR 17.61 for Supervisor of the Sacramento Field their actions with respect to any species endangered plants and 17.71 for Office (see ADDRESSES section). that is proposed or listed as endangered threatened plants, apply. These The Act and 50 CFR 17.62, 17.63 for or threatened and with respect to its prohibitions, in part, make it illegal for endangered plants, and 17.72 for critical habitat, if any is being any person subject to the jurisdiction of threatened plants, also provide for the designated. Regulations implementing the United States to import or export, issuance of permits to carry out this interagency cooperation provision transport in interstate or foreign otherwise prohibited activities of the Act are codified at 50 CFR part commerce in the course of a commercial involving endangered or threatened 402. Section 7(a)(4) of the Act requires activity, sell or offer for sale in interstate plants under certain circumstances. Federal agencies to confer with the or foreign commerce, or remove and Such permits are available for scientific 34196 Federal Register / Vol. 62, No. 122 / Wednesday, June 25, 1997 / Proposed Rules purposes and to enhance the (3) Additional information concerning contain no information collection propagation or survival or the species. the range, distribution, and population requirements. For threatened plants, permits also are size of these species; and References Cited available for botanical or horticultural (4) Current or planned activities in the exhibition, educational purposes, or subject area and their possible impacts A complete list of all references cited special purposes consistent with the on these species. herein is available upon request from purposes of the Act. It is anticipated few Final promulgation of the the Field Supervisor, Sacramento Field trade permits would ever be sought or regulation(s) on these species will take Office (see ADDRESSES section). issued for the three species because the into consideration the comments and species are not common in cultivation any additional information received by Author: The primary author of this or in the wild. Requests for copies of the the Service, and such communications proposed rule is Kirsten Tarp, U.S. Fish regulations regarding listed species and may lead to a final regulation that and Wildlife Service, Sacramento Field inquiries regarding prohibitions and differs from this proposal. Office (see ADDRESSES section). permits may be addressed to the U.S. The Act provides for one or more List of Subjects in 50 CFR Part 17 Fish and Wildlife Service, Endangered public hearings on this proposal, if Species Permits, 911 N.E. 11th Avenue, requested. Requests must be received Endangered and threatened species, Portland, Oregon 97232–4181 (phone within 45 days of the date of publication Exports, Imports, Reporting and 503/231–2063, facsimile 503/231–6243). of the proposal in the Federal Register. recordkeeping requirements, Such requests must be made in writing Transportation. Public Comments Solicited and addressed to the Field Supervisor, Proposed Regulation Promulgation The Service intends that any final U. S. Fish and Wildlife Service, action resulting from this proposal will Sacramento Field Office, 3310 El Accordingly, the Service hereby be as accurate and as effective as Camino Avenue, Suite 130, Sacramento, proposes to amend part 17, subchapter possible. Therefore, comments or California 95821–6340. B of chapter I, title 50 of the Code of suggestions from the public, other Federal Regulations, as set forth below: concerned governmental agencies, the National Environmental Policy Act scientific community, industry, or any The Fish and Wildlife Service has PART 17Ð[AMENDED] other interested party concerning this determined that an Environmental proposed rule are hereby solicited. The Assessment, as defined under the 1. The authority citation for part 17 Service will follow its current peer authority of the National Environmental continues to read as follows: review policy (59 FR 34270) in the Policy Act of 1969, need not be Authority: 16 U.S.C. 1361–1407; 16 U.S.C. processing of this rule. Comments prepared in connection with regulations 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– particularly are sought concerning: adopted pursuant to section 4(a) of the 625, 100 Stat. 3500, unless otherwise noted. (1) Biological, commercial trade, or Endangered Species Act of 1973, as other relevant data concerning any amended. A notice outlining the 2. Section 17.12(h) is amended by threat (or lack thereof) to Arctostaphylos Service’s reasons for this determination adding the following, in alphabetical myrtifolia and Eriogonum apricum; was published in the Federal Register order under FLOWERING PLANTS, to (2) The location of any additional on October 25, 1983 (48 FR 49244). the List of Endangered and Threatened populations of these species and the Plants to read as follows: reasons why any habitat should or Required Determinations § 17.12 Endangered and threatened plants. should not be determined to be critical The Service has examined this habitat as provided by section 4 of the regulation under the Paperwork * * * * * Act; Reduction Act of 1995 and found it to (h) * * * Federal Register / Vol. 62, No. 122 / Wednesday, June 25, 1997 / Proposed Rules 34197

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

FLOWERING PLANTS

******* Arctostaphylos Ione manzanita ...... U.S.A. (CA) ...... Ericaceae ...... T ...... NA NA myrtifolia.

******* Eriogonum apricum Ione buck wheat ..... U.S.A. (CA) ...... Polygonaceae ...... E ...... NA NA (inclusive of vars. apricum and prostratum).

*******

Dated: May 12, 1997. John G. Rogers, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 97–16605 Filed 6–24–97; 8:45 am] BILLING CODE 4310±55±U