33388 Federal Register / Vol. 62, No. 118 / Thursday, June 19, 1997 / Proposed Rules

Dated: April 28, 1997. Roof (1967) followed Eastwood’s Finding and Withdrawal John G. Rogers, treatment and acknowledged A. The proposed rule to list Acting Director, U.S. Fish and Wildlife imbricata as a distinct species. Wells Arctostaphylos imbricata as threatened Service. (1988) recognized A. montariensis as a (October 4, 1994; 59 FR 50550), stated [FR Doc. 97–15927 Filed 6–18–97; 8:45 am] subspecies of A. imbricata which, under that the San Bruno Mountain HCP, a BILLING CODE 4310±55±U the rules of botanical nomenclature, planning effort under management and automatically created the name implementation by San Mateo County (autonym) A. imbricata ssp. imbricata. and their consultant, Thomas Reid and DEPARTMENT OF THE INTERIOR He has since revised his treatment of Associates, identifies A. imbricata as a California Arctostaphylos to recognize Fish and Wildlife Service ‘‘species of concern’’ but that the HCP A. imbricata as a distinct species (Wells does not identify any species-specific 1993). 50 CFR Part 17 management actions for this species. Arctostaphylos imbricata is a low, Since publication of the proposed rule, RIN: 1018±AC98 spreading, evergreen shrub of the heath provisions of the HCP pertaining to family (Ericaceae) that lacks a basal management for the conservation of A. Endangered and Threatened Wildlife burl. Attaining a height of 20 imbricata have been clarified. The HCP and Plants; Withdrawal of Proposed centimeters (8 inches), this highly preserves most of the mountain and Rule to List Arctostaphylos Imbricata provides monitoring and management (San Bruno Mountain Manzanita) as branched shrub forms mats up to about for a number of rare plant and animal Threatened 6 meters (m) (6 yards) in diameter. The bright green, oblong to ovate leaves are species, including A. imbricata. In AGENCY: Fish and Wildlife Service, hairless, except on the midrib, and addition, threats identified in the Interior. densely overlapping. Small, white, urn- proposed rule pertaining to fire ACTION: Proposed rule; withdrawal. shaped flowers appearing from February frequency and overutilization for to May are densely clustered at the end horticultural purposes are no longer SUMMARY: The U. S. Fish and Wildlife of branchlets. After fire, A. imbricata considered to pose a significant risk to Service (Service) withdraws the regenerates from seed instead of the survival of the species. For these proposal to list Arctostaphylos resprouting from a basal burl. reasons, the Service now believes the imbricata (San Bruno Mountain Arctostaphylos imbricata can be plant is adequately conserved. manzanita) as a threatened species distinguished from other members of Previous Federal Action under the Endangered Species Act of the genus by its prostrate form, its 1973, as amended (Act). This shorter, densely arranged leaves, and its On December 15, 1980, the Service determination is based on evaluation of compact flower clusters (Roof 1967). published in the Federal Register an comments and additional information updated Notice of Review for plants Arctostaphylos imbricata is restricted (45 FR 82480) which included received subsequent to publication of to San Bruno Mountain in northern San the proposed rule. Provisions of the San Arctostaphylos imbricata as a category 1 Mateo County. On San Bruno Mountain, Bruno Mountain Habitat Conservation candidate for Federal listing. Category 1 six small colonies comprise one Plan (HCP) pertaining to management taxa were formerly defined as taxa for population which covers approximately for the conservation of A. imbricata which the Service had on file sufficient 2.3 hectares (5.6 acres) (V. Harris, have been clarified. Other threats information on status and threats to Thomas Reid Associates, in litt. 1993; R. identified in the proposed rule support issuance of a listing proposal. Gankin, San Mateo County Planning pertaining to fire frequency and Arctostaphylos imbricata retained Department, in litt. 1994). The most overutilization for horticultural category 1 status in revised plant notices abundant colony has 400 to 500 plants; purposes are no longer considered to published on September 27, 1985 (50 FR other colonies have as few as 3 plants pose a significant risk to the survival of 39526), February 21, 1990 (55 FR 6184), (R. Gankin, pers. comm. 1993; R. the species. Thus, protection under the and September 30, 1993 (58 FR 51144). Act is unnecessary at this time. Gankin, in litt. 1994). The plant grows A proposal to list Arctostaphylos on rocky, exposed areas such as open ADDRESSES: The complete file for this imbricata as threatened and Lessingia ridges within coastal scrub or manzanita germanorum as endangered was rule is available for public inspection, scrub vegetation at an elevation range of by appointment, during normal business published in the Federal Register on 275 to 365 m (900 to 1,200 feet). Where October 4, 1994 (59 FR 50550). This hours at the Sacramento Field Office, it occurs, it is the dominant plant U.S. Fish and Wildlife Service, 3310 El notice of withdrawal of the proposal to species, and may be associated with list A. imbricata is published Camino Ave., Sacramento, California Baccharis pilularis (coyote brush), 95821–6340. concurrently in the Federal Register Vaccinium ovatum (huckleberry), with the final rule listing L. FOR FURTHER INFORMATION CONTACT: Rhamnus californica (coffeeberry), and germanorum as endangered in order to Diane Windham, at the above address or Arctostaphylos uva-ursi var. resolve the listing status of both species. by telephone at (916) 979–2725. suborbiculata (bearberry) (California Processing the final listing decisions on SUPPLEMENTARY INFORMATION: Department of Fish and Game 1988). these two species follows the Service’s Arctostaphylos imbricata has never listing priority guidance published in Background been known from more than the single the Federal Register on December 5, Alice Eastwood (1931) originally population of six colonies that occurs 1996 (61 FR 64475). described Arctostaphylos imbricata in today. Five of the six colonies occur on 1931, based on material collected from land owned by the San Mateo County Summary of Comments and the San Bruno Hills in 1915. Until 1967, Department of Parks and Recreation; the Recommendations various authors either synonymized A. sixth colony is privately owned In the October 4, 1994, proposed rule imbricata with A. andersonii (Jepson (Thomas Reid Associates 1991). All and associated notifications, all 1939), or considered it to be a variety of colonies are located within the San interested parties were requested to A. andersonii (Adams in McMinn 1935). Bruno Mountain HCP boundaries. submit factual reports or information Federal Register / Vol. 62, No. 118 / Thursday, June 19, 1997 / Proposed Rules 33389 that would contribute to the information, the Service concurs. More C. Disease or predation. No known development of a final decision detail on this issue is provided in the threats from disease or predation were document. Appropriate Federal and discussion of Factor E in the ‘‘Summary identified in the proposed rule. The State agencies, county and city of Factors Affecting the Species’’ section Service has no new information on governments, scientific organizations, below. threats from these factors. and other interested parties were Only one of the three independent D. The inadequacy of existing contacted and requested to comment. In and appropriate specialists provided regulatory mechanisms. The proposed accordance with Service policy comments on the proposal to list rule stated that Arctostaphylos published on July 1, 1994 (59 FR Arctostaphylos imbricata. This reviewer imbricata derived limited protection 34270), the Service solicited comments concurred with all of the comments from the San Bruno Mountain HCP, but from three appropriate and independent made in the proposed rule concerning that no species-specific management specialists regarding pertinent scientific the status, threats, and potential threats actions for A. imbricata are identified in or commercial data and assumptions to the species and supported listing as the HCP and none have been relating to the proposed rule. A proposed. The reasons for the Service’s implemented. After publication of the newspaper notice of the proposed rule decision to withdraw its proposal to list proposed rule, the HCP Trustees was published in the San Francisco A. imbricata, in opposition to this informed the Service that the San Bruno Chronicle on October 19, 1994, which specialist’s recommendation, are Mountain HCP provides for monitoring invited general public comment. A 60- explained in the following section. and management of populations of all day comment period closed on rare plants occurring on the mountain December 4, 1994. Summary of Factors Affecting the including A. imbricata. Moreover, the The Service received eight letters of Species HCP Trustees have agreed and comment. No requests for public Section 4(a)(1) of the Act requires the committed to an annual budget for rare hearings were received. Because the Service to consider five factors when plant monitoring and management. Any proposed rule included both determining whether to list a species as specific management activities Arctostaphylos imbricata and Lessingia threatened or endangered. These factors, recommended, such as controlled germanorum, only comments pertaining and their application to the Service’s burning (see Factor E below), will be to A. imbricata are discussed here. decision to withdraw the proposal to list carried out under the HCP. Present Comments and issues pertaining to L. Arctostaphylos imbricata Eastw. (San management for A. imbricata includes germanorum are discussed in a separate Bruno Mountain manzanita), are as alien plant control. The Trustees have Federal Register notice published follows: also expressed a willingness to meet and concurrently with this notice. work with Service biologists to identify A. The present or threatened Of the eight people who submitted and implement any specific destruction, modification, or comments, three were neutral and four management actions necessary for the curtailment of its habitat or range. No supported the listing of Arctostaphylos conservation of the species (V. Harris, in threats to Arctostaphylos imbricata were imbricata. The eighth respondent litt. 1996). opposed the listing of A. imbricata on identified under this factor in the Arctostaphylos imbricata is listed as the grounds that listing was premature proposed rule, nor were any such endangered under the California at the time and recommended that it be threats identified by commenters on the Endangered Species Act (Chapter 1.5 retained as a candidate species. As rule. None of the colonies are threatened section 2050 et seq. of the California previously indicated, the listing by development permitted under the Fish and Game Code and Title 14 proposal for A. imbricata is being San Bruno Mountain HCP. The Service California Code of Regulations 670.2). withdrawn in this notice. A candidate is believes that no threats exist to the The proposed rule stated that, although a species for which the Service has on species’ habitat or range. both the California Endangered Species file sufficient information on the status B. Overutilization for commercial, Act and the California Native Plant and threats to the species to support recreational, scientific, or educational Protection Act prohibit the ‘‘take’’ of issuance of a listing proposal. Therefore, purposes. The proposed rule cited State-listed plants (California upon the withdrawal of the proposal to overutilization for horticultural Endangered Species Act, Chapter 1.5 list, A. imbricata cannot be maintained purposes as a potential threat to section 2080 and California Native Plant as a candidate. Arctostaphylos imbricata. In 1991, Protection Act, Chapter 10 section One commenter indicated that cuttings were taken from plants located 1908), State law exempts the taking of designation of critical habitat would aid at Kamchatka Point on San Bruno such plants via habitat modification or in protection of rare plants. Because the Mountain. The remnant surviving land use changes by the owner provided proposed rule for Arctostaphylos portions of the plants showed evidence notification requirements are satisfied. imbricata is being withdrawn, this issue that the clippings were performed with The Service concluded that this is moot with respect to this species. horticultural expertise (Doug Heisinger, exemption renders State law inadequate Another commenter suggested that the Park Ranger, San Mateo County Park, to protect A. imbricata from extinction. effects of microwave facilities on San pers. comm. 1993). Some A. imbricata The Service believes that the Bruno Mountain might pose a threat to individuals being sold at local plant inadequacy of State law in protecting A. the species. The Service is not aware of sales may have originated from imbricata is no longer an issue because any data to support this contention and clippings from the natural population protection of the species is provided by no evidence was provided by the (Paul Reeberg, pers. comm. 1993). The the San Bruno Mountain HCP. commenter. Service now concludes that, although E. Other natural or manmade factors The combined threats of senescence such actions are inappropriate and affecting its continued existence. The (growing old, dying) of plants and lack illegal (under both the California Service indicated in the proposed rule of reproduction due to the prolonged Endangered Species Act and the that Arctostaphylos imbricata is a fire- absence of fire described in the California Native Plant Protection Act), adapted plant that, following a fire, proposed rule were considered by infrequent pruning does not currently regenerates entirely from seed and does another commenter to be unsubstantial. constitute a significant threat to the not resprout from a basal burl. Keeley After reviewing the available survival of the species. (1977) labeled plants employing this 33390 Federal Register / Vol. 62, No. 118 / Thursday, June 19, 1997 / Proposed Rules type of post-fire reproductive strategy development precludes significant DEPARTMENT OF THE INTERIOR ‘‘obligate-seeders.’’ The Service also establishment of other plant species; the implied in the proposed rule that fire, species most likely to pose a threat Fish and Wildlife Service which can remove competing vegetation through overtopping and consequent and counter mechanisms that prevent shading, Ceanothus thrysiflorus, is a 50 CFR Part 17 seed germination (e.g., hormones, short-lived species that does not do well Endangered and Threatened Wildlife impervious seed coat), is necessary for on such undeveloped soils (R. Gankin, and Plants: Notice of Availability of a the maintenance of A. imbricata because in litt., 1994). The Service now Draft Recovery Plan for the Lee County sexual reproduction by seed is concludes, on the basis of the foregoing Cave Isopod for Review and Comment important to the maintenance of genetic evidence, that the prolonged absence of diversity. Although germination of its fire is not likely to result in significant AGENCY: Fish and Wildlife Service, seed bank (seeds accumulated in the establishment of other plant species and Interior. soil and canopy of mature shrubs) is that therefore competition from ACTION: Notice of document availability. triggered mainly by fire, occasional (including shading by) other plant germination and establishment of A. species does not pose a significant SUMMARY: The U.S. Fish and Wildlife imbricata does occur without the aid of threat to the survival of A. imbricata. Service announces the availability for fire (R. Gankin, in litt., 1994). Moreover, Frequent fire, that is fire recurring public review of a draft Recovery Plan A. imbricata can spread vegetatively within a short period of time (fewer for the Lee County Cave Isopod (Lirceus and reportedly is spreading on San than 15 years), can result in local usdagalun). The Lee County cave Bruno Mountain (R. Gankin, in litt., extinctions (Zedler et al. 1983 in Keeley isopod, a subterranean freshwater 1994). Thus, fire is not necessary for and Keeley 1988). As discussed above crustacean, is endemic to southwestern maintenance of the species. and in the proposed rule, on San Bruno Virginia, where it has been documented The Service asserted in the proposed Mountain Arctostaphylos imbricata from two cave systems and two rule that if the amount of time between grows on rocky exposed areas such as resurgence springs in Lee County. The fires were too long, Arctostaphylos open ridges. Because such open sites Lee County cave isopod was listed as imbricata would have little opportunity lack sufficient fine fuels (i.e., dried grass endangered in 1992. The draft recovery to reproduce sexually and individuals and herbs) to sustain fire or carry fire plan sets recovery objectives and could become senescent. However, from adjoining, more densely vegetated recommends recovery activities that, if Keeley (1977) argued that the habitat, the Service concludes that fire implemented on schedule, may lead to reproductive strategy of obligate-seeders is unlikely to occur frequently in A. delisting of this species by the year such as the non-sprouting manzanita imbricata habitat and that, therefore, 2005. The Service solicits review and species is an adaptation to a long- frequent fire is not a significant threat to comment from the public on this draft interval fire cycle. Obligate-seeders tend the species. plan. to occur in less fire-prone areas, like San The Service has carefully assessed the DATES: Comments on the draft recovery Bruno Mountain which is often best scientific and commercial plan must be received August 4, 1997. shrouded in fog during the summer (D. information available regarding the past, ADDRESSES: Persons wishing to review Schooley, Bay Area Land Watch, in litt., present, and future threats faced by the draft recovery plan can obtain a 1994), that generally burn more Arctostaphylos imbricata in copy from the U.S. Fish and Wildlife intensely when fires do occur (Keeley determining to withdraw the proposed Service, Southwestern Virginia Field 1977). Consequently, A. imbricata and rule to list the species as threatened. Office, P.O. Box 2345, Abingdon, other obligate-seeders ‘‘are resilient to The Service has determined that Virginia (telephone 540/623–1233; fax very long intervals [between fires] and implementation of the San Bruno 540/623–1185) or U.S. Fish and Wildlife successful seedling recruitment is Mountain HCP, which includes Service, Region Five, 300 Westgate observed after fires in stands which may monitoring and management of A. Center Drive, Hadley, Massachusetts exceed 100 years of age’’ (Keeley et al. imbricata, sufficiently removes the 01035, (telephone 413/253–8628; fax 1988). In addition, fires burned colonies threats to the species and provides for 413–253–8482). Comments should be of A. imbricata on San Bruno Mountain its conservation. Furthermore, the sent to the U.S. Fish and Wildlife in 1964 and in the late 1980’s. Even Service has determined that the threats Service, Southwestern Field Office at though all of the individuals in the identified in the proposed rule the above mailing address, to the colony which burned in the 1980’s were pertaining to fire frequency and attention of Leroy Koch. killed, significant regeneration did take overutilization for horticultural place (R. Gankin, in litt., 1994). Also, FOR FURTHER INFORMATION CONTACT: purposes are not likely to pose a Leroy Koch at 540/623–1233 (see both regeneration from seed and significant risk to the survival of A. spreading by layering has occurred in ADDRESSES). imbricata. the colony which burned in 1964 (D. Author: The primary author of this SUPPLEMENTARY INFORMATION: Schooley, in litt., 1994). For these document is Diane Windham, Background reasons, the Service concludes that the Sacramento Field Office (see ADDRESSES Restoring an endangered or prolonged absence of fire does not section). threaten A. imbricata now and will not threatened animal or plant to the point in the foreseeable future. Authority: The authority for this action is where it is again a secure, self- The Service also stated in the section 4(b)(6)(B)(ii) of the Endangered sustaining member of its ecosystem is a proposed rule that a reduction in fire Species Act of 1973, as amended (16 U.S.C. primary goal of the U.S. Fish and frequency could pose a threat to the 1531 et seq). Wildlife Service’s endangered species species because periodic fires reduce Dated: April 8, 1997. program. To help guide the recovery competition and shading by other plant John G. Rogers, effort, the Service is working to prepare species. On San Bruno Mountain, Acting Director, U.S. Fish and Wildlife recovery plans for most of the listed Arctostaphylos imbricata grows on Service. species native to the United States. rocky exposed areas such as open [FR Doc. 97–15926 Filed 6–18–97; 8:45 am] Recovery plans describe actions ridges. On such sites, the lack of soil BILLING CODE 4310±55±P considered necessary for conservation of