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