4156 Federal Register / Vol. 65, No. 17 / Wednesday, January 26, 2000 / Rules and Regulations Dated: January 18, 2000. extirpated numerous populations of reduced D. luteum to a variety of D. Stephen C. Saunders, these two plants in coastal Marin and nudicaule, it is currently recognized as Acting Assistant Secretary for Fish and Sonoma Counties in northern California. a full species (Warnock 1993). Wildlife and Parks. The historical range of Delphinium Delphinium luteum occurs on rocky [FR Doc. 00± 1746 Filed 1±25±00; 8:45 am] bakeri and D. luteum did not extend areas within coastal scrub plant BILLING CODE 4310±55±P beyond coastal Marin and Sonoma community, including areas with active Counties. rock slides, from sea level to 100 m (300 Ewan (1942) described Delphinium ft) in elevation (Guerrant 1976). DEPARTMENT OF THE INTERIOR bakeri based on type material collected Delphinium luteum is a perennial by Milo Baker in 1939 from Coleman herb in the buttercup family Fish and Wildlife Service Valley, Sonoma County, California. In (Ranunculaceae) that grows from fibrous the most recent treatment, Warnock roots to 56 cm (22 in) tall. The leaves 50 CFR Part 17 (1993) retained the taxon as a full are mostly basal, fleshy, and green at the species. Historically, D. bakeri was time of flowering. The flowers are RIN 1018±AE23 known from Coleman Valley in Sonoma cornucopia-shaped. The five Endangered and Threatened Wildlife County and from a site near Tomales in conspicuous sepals are bright yellow, and Plants; Determination of Marin County. Delphinium bakeri with the posterior sepal elongated into Endangered Status for Two Larkspurs occurs on decomposed shale within the a spur. The inconspicuous petals occur From Coastal Northern California coastal scrub plant community from 120 in two pairs. The upper petals are to 150 meters (m) (400 to 500 feet (ft)) narrow and unlobed; the lower petals AGENCY: Fish and Wildlife Service, in elevation (California Natural are oblong to ovate. The fruit is a Interior. Diversity Database (CNDDB) 1997). follicle. Delphinium luteum flowers ACTION: Final rule. Delphinium bakeri is a perennial herb from March to May. in the buttercup family (Ranunculaceae) Never widely distributed, historical SUMMARY: We, the U.S. Fish and that grows from a thickened, tuber-like, populations of Delphinium luteum have Wildlife Service (Service), determine fleshy cluster of roots. The stems are been partially or entirely extirpated by endangered status pursuant to the hollow, erect, and grow to 65 rock quarrying activities, overcollecting, Endangered Species Act (Act) of 1973, centimeters (cm) (26 inches (in)) tall. residential development, and sheep as amended for two plantsÐDelphinium The shallowly five-parted leaves occur grazing, resulting in the species now bakeri (Baker's larkspur) and primarily along the upper third of the being even more narrowly distributed Delphinium luteum (yellow larkspur). stem and are green at the time the plant (Guerrant 1976; CNDDB 1998; Betty These species grow in a variety of flowers. The flowers are irregularly Guggolz, Milo Baker Chapter, California habitats including coastal prairie, shaped. The five sepals (outer most Native Plant Society (CNPS), pers. coastal scrub, or chaparral in Sonoma whorl or set of floral parts) are comm. 1995). The CDFG (1994) reported and Marin Counties in northern conspicuous, bright dark blue or the species is declining. The two California. Habitat loss and degradation, purplish, with the rear sepal elongated remaining populations near Bodega, sheep grazing, road maintenance into a spur. The inconspicuous petals both on private land, total fewer than 50 activities, and overcollection imperil the occur in two pairs. The lower pair is plants. Development, overcollection, continued existence of these plants. oblong and blue-purple; the upper pair and sheep grazing threaten the Random events increase the risk of is oblique and white. Seeds are remaining two populations. Because of extinction to the extremely small plant produced in several dry, many-seeded its extreme range restriction and small populations. This rule implements the fruits, which split open at maturity on population size, the plant is also Federal protection and recovery only one side (i.e., several follicles). vulnerable to extinction from random provisions afforded by the Act for these Delphinium bakeri flowers from April natural events, such as fire or insect two species. through May (Warnock 1993). outbreaks (CNDDB 1998; B. Guggolz, EFFECTIVE DATE: February 25, 2000. Habitat conversion, grazing, and/or pers. comm. 1995). roadside maintenance activities have ADDRESSES: The complete file for this extirpated occurrences of Delphinium Previous Federal Action rule is available for public inspection, bakeri in Marin and Sonoma Counties Federal Government actions on the by appointment, during normal business (California Department of Fish and two species began as a result of section hours at the U.S. Fish and Wildlife Game (CDFG) 1994). The CDFG (1994) 12 of the Act (16 U.S.C. 1531 et seq.), Service, Sacramento Fish and Wildlife also reported the species is declining. which directed the Secretary of the Office, 2800 Cottage Way, Room W2606, The only known remaining population, Smithsonian Institution to prepare a Sacramento, California 95825. with a total of about 35 plants, is found report on those plants considered to be FOR FURTHER INFORMATION CONTACT: on a steep road bank on private and endangered, threatened, or extinct in the Kirsten Tarp, Sacramento Fish and county land in Marin County that is United States. This report, designated as Wildlife Office (see ADDRESSES section) threatened by road work, overcollection, House Document No. 94±51, was (telephone 916/414±6464; facsimile and sheep grazing. Because of its presented to Congress on January 9, 916/414±6486). extreme range restriction and small 1975, and included Delphinium bakeri SUPPLEMENTARY INFORMATION: population size, the plant is also and D. luteum as endangered. We vulnerable to extinction from random published a notice on July 1, 1975 (40 Background natural events, such as fire or insect FR 27823) of our acceptance of the Delphinium bakeri (Baker's larkspur) outbreaks (CNDDB 1997). report of the Smithsonian Institution as and D. luteum (yellow larkspur) were Heller (1903) described Delphinium a petition within the context of section found historically in coastal prairie, luteum based on type material collected 4(c)(2) (petition provisions are now coastal scrub, or chaparral habitats. from ``grassy slopes about rocks, near found in section 4(b)(3) of the Act) and Urban development, agricultural land Bodega Bay, along the road leading to our intention to review the status of the conversion, and livestock grazing have the village of Bodega'' in Sonoma plant taxa named in the report. The destroyed much of the habitat and County. Although Jepson (1970) above two taxa were included in the VerDate 04<JAN>2000 14:02 Jan 25, 2000 Jkt 190000 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 E:\FR\FM\26JAR1.SGM pfrm01 PsN: 26JAR1 Federal Register / Vol. 65, No. 17 / Wednesday, January 26, 2000 / Rules and Regulations 4157 July 1, 1975, notice. On June 16, 1976, on pending petitions within 12 months comment period closed on August 18, we published a proposal (41 FR 24523) of their receipt. Section 2(b)(1) of the 1997. We contacted appropriate Federal to determine approximately 1,700 1982 amendments further requires that and State agencies, county and city vascular plant species to be endangered all petitions pending on October 13, governments, scientific organizations, species pursuant to section 4 of the Act. 1982, be treated as having been newly and other interested parties and The list of 1,700 plant taxa was submitted on that date. This provision requested comments. We sent copies of assembled on the basis of comments and applied to Delphinium bakeri and D. the proposed rule and the request for data received by the Smithsonian luteum, because the 1975 Smithsonian comments letter to seven local libraries Institution and us in response to House report had been accepted as a petition. for public display. We published Document No. 94±51 and the July 1, On October 13, 1982, we found that the newspaper notices in the Press 1975, Federal Register publication. D. petitioned listing of these species was Democrat and Marin Independent bakeri and D. luteum were included in warranted but precluded by other Journal on June 25, 1997; Sonoma this Federal Register document. pending listing actions, in accordance County Independent on June 26, 1997; General comments received in with section 4(b)(3)(B)(iii) of the Act; and Petaluma Argus Courier on June 27, relation to the 1976 proposal were notification of this finding was 1997, which invited general public summarized in an April 26, 1978, notice published on January 20, 1984 (49 FR comment. (43 FR 17909). The Act Amendments of 2485). Such a finding requires the During the public comment period, 1978 required that all proposals over petition to be recycled, pursuant to we received written comments from five two years old be withdrawn. A one-year section 4(b)(3)(C)(i) of the Act. The individuals or agencies. Three grace period was given to those finding was reviewed annually in commenters expressed support for the proposals already more than two years October of 1983 through 1994, and we listing proposal, and two commenters old. In the December 10, 1979, notice published a proposed rule on June 19, opposed the proposal. Supporting (44 FR 70796), we published a notice of 1997 (62 FR 33383). comments were received from the CNPS withdrawal of the June 6, 1976, The processing of this final rule and two individuals from Washington proposal, along with four other conforms with our Listing Priority State University. The two commenters proposals that had expired. Guidance published in the Federal from Washington State University sent a We published a Notice of Review for Register on October 22, 1999 (64 FR letter informing us of their research on plants on December 15, 1980 (45 FR 57114).