49022 Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations

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

******* Poa atropurpurea ..... San Bernardino U.S.A.(CA) ...... PoaceaeÐGrass ..... E 644 NA NA bluegrass.

******* Taraxacum taraxacum U.S.A.(CA) ...... AsteraceaeÐSun- E 644 NA NA californicum. flower.

******* Trichostema Hidden Lake U.S.A.(CA) ...... LamiaceaeÐMint .... T 644 NA NA austromontanum bluecurls. ssp. compactum.

*******

Dated: September 1, 1998. (Rawhide Hill onion), Carpenteria notice for these six taxa concurrently Jamie Rappaport Clark, californica (carpenteria), with this final rule. This final rule Director, Fish and Wildlife Service. striata (Greenhorn adobe lily), discusses the final determination to list [FR Doc. 98–24502 Filed 9–11–98; 8:45 am] citrinus var. deflexus (Mariposa lupine), four species as threatened. Robert Hoover (1938) first described BILLING CODE 4310±55±P Mimulus shevockii (Kelso Creek monkeyflower) and setiloba pallida based on specimens (Piute Mountain navarretia) is being collected near Chinese Camp in DEPARTMENT OF THE INTERIOR published concurrently with this final Tuolumne County. Brodiaea pallida is rule. an erect, herbaceous perennial Fish and Wildlife Service DATES: This rule becomes effective belonging to the lily family (). October 14, 1998. Brodiaea pallida grows from 50 CFR Part 17 underground bulbs to a height of 1 to 3 ADDRESSES: The complete file for this decimeters (dm) (4 to 12 inches (in)), RIN 1018±AC99 rule is available for public inspection, and has long, narrow, thick, succulent by appointment, during normal business Endangered and Threatened Wildlife leaves. Several to many rose-pink hours at the U.S. Fish and Wildlife flowers appear in an umbrella-like and ; Determination of Service, Sacramento Fish and Wildlife Threatened Status for Four Plants cluster at the top of a leafless stem in Office, 3310 El Camino Avenue, Suite late May to early June. Brodiaea pallida From the Foothills of the Sierra Nevada 130, Sacramento, California 95821– Mountains in California grows in association with, and can 6340. hybridize with, B. elegans ssp. elegans AGENCY: Fish and Wildlife Service, FOR FURTHER INFORMATION CONTACT: Ken (Skinner and Pavlick 1994). Brodiaea Interior. Fuller or Dwight Harvey (see ADDRESSES pallida can be distinguished from B. ACTION: Final rule. section) telephone number 916/979– elegans ssp. elegans by the corolla being 2725; facsimile 916/979–2128. constricted mid-way to form a strongly SUMMARY: The U.S. Fish and Wildlife SUPPLEMENTARY INFORMATION: recurved waist, the color of the corolla, Service determines threatened status for and the non-pollen bearing Brodiaea pallida (Chinese Camp Background (staminodia) being held close to the brodiaea), puchellum The U.S. Fish and Wildlife Service stamens. Brodiaea pallida grows in (Mariposa pussypaws), (Service) published a proposed rule (59 overflow channels and seeps and springvillensis (Springville clarkia), and FR 50540) to list Brodiaea pallida springs in clays derived from serpentine californica (California vervain) (Chinese Camp brodiaea) and soils. The Service is not listing hybrids pursuant to the Act Calyptridium puchellum (Mariposa of B. pallida and B. elegans ssp. elegans. of 1973, as amended (Act). These four pussypaws) as endangered, and Clarkia The entire range of B. pallida is a 3 to plants are known from serpentine, clay, springvillensis (Springville clarkia), and 6 meter (m) (10 to 20 feet (ft)) wide and or granitic soils in the southwestern Verbena californica (California vervain) 0.8 kilometer (km) (0.5 mile (mi)) long foothills of the Sierra Nevada Mountains as threatened on October 4, 1994. Also stretch of an intermittent stream in central California. These plants are included in the proposed rule were channel at an elevation of 385 m (1,260 variously threatened by one or more of Lupinus citrinus var. deflexus (Mariposa ft). The entire population of B. pallida the following: urbanization, roadway lupine) and Mimulus shevockii (Kelso is scattered over an estimated 26 maintenance activities, off-highway Creek monkeyflower) as endangered, hectares (ha) (65 acres (ac)) (California vehicle use, recreational placer gold and Allium tuolumnense (Rawhide Hill Natural Diversity Data Base (CNDDB) mining, heavy livestock grazing and/or onion), Carpenteria californica 1997), all of which is privately owned. trampling, and inadequate regulatory (carpenteria), Fritillaria striata Because of the complex nature of B. mechanisms. These species are also (Greenhorn adobe lily), and Navarretia pallida reproduction (spreading via vulnerable to extirpations from random setiloba (Puite Mountain navarretia) to shoots and suckers), the number of events due to small number and size of be listed as threatened. The Service has individuals in the population is populations, and/or small range of the determined that the threats to the latter unknown. Despite purposeful surveys species. A notice of withdrawal of the six taxa are insufficient to warrant for this species in other nearby areas, proposal to list Allium tuolumnense listing, and is publishing a withdrawal the species has been found only at this Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations 49023 site. The sole population is threatened usually have a dark purplish basal spot. occupied by the populations is by urbanization and inadequate Clarkia springvillensis can be separated estimated to be 36 ha (90 ac) (CNDDB regulatory mechanisms, however the from the co-occurring C. unguiculata by 1997). Eight of the nine populations immediacy of these threats has the absence of long hairs on the calyx occur in drainages that feed into Don remained unchanged for the last 10–12 and ovary, the purple , and the Pedro Reservoir; five of these eight are years. This species is also vulnerable to dark purplish spot at the base of the on Six Bit Gulch and its tributaries. The extirpation from random events due to petals. Clarkia springvillensis is found ninth population is on Andrew Creek the small range of the species. on granitic soils in sunny sites from 360 that feeds into Tullock Reservoir (CDFG Joseph Congdon collected the type to 910 m (1,220 to 3,000 ft) in elevation. 1993, CNDDB 1997). Four of the nine specimen of Calyptridium pulchellum Clarkia springvillensis grows mostly on populations are wholly on BLM lands, on ‘‘Pea Ridge’’’ in Mariposa County in the uphill slope of roadbanks, on small and two are partially on BLM lands, 1901. Alice Eastwood (1902) first decomposing granitic domes, and in although these six sites contain only 15 described this plant as Spraguea openings within the blue oak (Quercus percent of Verbena californica plants. pulchella. Robert Hoover (1940) revised douglasii) woodland community in the The remaining 85 percent of Verbena the genera Spraguea and Calyptridium foothills of the southern Sierra Nevada californica plants are on private lands. and renamed this plant Calyptridium Mountains of Tulare County, where 15 When last surveyed, two populations pulchellum based upon vegetative populations occur. Collectively, the were estimated to contain several organization and habitat. Calyptridium populations are estimated to occupy a thousand plants each, four populations pulchellum is a small, compact, rosette total of 61 ha (150 ac) (CNDDB 1997). were estimated to contain 200 to 500 forming, annual herb belonging to the All but one of the 15 populations are plants each, and the remaining three purslane family (Portulacaceae). The found within about a 24 km (15) mi populations were estimated to contain smooth, slender, prostrate stems are 1 to range, with the remaining population fewer than 100 plants each (CDFG 1993, 2 dm (4 to 8 in) long. The spatula- occurring 26 km (16 mi) to the CNDDB 1997). The two largest shaped leaves have smooth surfaces. northwest. One site is partially populations, at Andrew Creek and Big Rose-colored, four-petaled flowers protected by the CDFG, one is on Creek, occur entirely or primarily on appear in loose panicles between May Bureau of Land Management (BLM) private lands (CDFG 1993, CNDDB and August. This fibrous rooted plant land, eight are on U.S. Forest Service 1997). Verbena californica is threatened grows in small, barren areas on land, and five are on private land. With by urbanization, recreational placer gold decomposed granitic sands, between the variability typical of an annual mining, off-highway vehicle use (OHV), 460 and 1,090 m (1,500 to 3,600 ft) in plant, six populations of C. inadequate regulatory mechanisms, the annual grasslands and woodlands in springvillensis have ranged from 20 to dumping, and heavy grazing and the southwestern foothills of the Sierra 200 plants. Four populations along trampling. Due to the few populations Nevada Mountains. The seven roadsides have become restricted to a and low numbers, it is also vulnerable populations in six locations are narrow band just above a zone of to extirpation from random events. estimated to occupy a total of only 6 ha herbicide use and just below heavily Previous Federal Action (14 ac) in Fresno, Madera, and Mariposa grazed terrain. The largest population of Federal government actions on these counties over a range of about 64 km (40 this plant occurs on the 1.8 ha (4.5 ac) mi) (CNDDB 1997). Six of the seven four plants began as a result of section preserve owned by the CDFG. The status 12 of the Endangered Species Act of populations occur on private land. Five of C. springvillensis is stable to of these populations are marginal in 1973, as amended (16 U.S.C. 1531 et declining according to the CDFG (CDFG quality and contain fewer than 300 seq.), which directed the Secretary of 1995). Clarkia springvillensis is plants (Ann Mendershausen, Mariposa the Smithsonian Institution to prepare a threatened by urban development, Resource Conservation District, pers. report on those plants considered to be inadequate regulatory mechanisms, comm. 1997; CNDDB 1997). The sixth endangered, threatened, or extinct in the heavy livestock grazing, and roadway population on private land has about United States. This report, designated as maintenance activities. Due to its few 900 plants (CNDDB 1997). The seventh House Document No. 94–51, was populations and low numbers, C. population of C. pulchellum, occurs on presented to Congress on January 9, springvillensis is vulnerable to lands administered by the Sierra 1975, and included Brodiaea pallida as extirpation from random events. National Forest and is fenced to protect endangered. The Service published a it from livestock trampling and grazing Harold A. Moldenke (1942) described notice in the July 1, 1975, Federal (James Boynton and Joanna Clines Verbena californica from specimens Register (40 FR 27823) of its acceptance Sierra National Forest, in litt., 1993). collected by Robert Hoover from an area of the report of the Smithsonian Calyptridium pulchellum is threatened north of Keystone in Tuolumne County. Institution as a petition within the with urbanization. Due to the few Verbena californica is an erect perennial context of section 4(c)(2) (petition populations and low numbers, the herb belonging to the vervain family provisions are now found in section species is susceptible to extirpation (). Verbena californica 4(b)(3) of the Act) and its intention from random events. grows to 60 cm (23 in) in height and has thereby to review the status of the plant Frank Vasek (1964) described Clarkia opposite, bright green, stalkless (sessile) taxa named therein. Brodiaea pallida springvillensis based on his collection leaves. White-blue to purple blossoms was included in the July 1, 1975, notice. along Balch Park Road, the type locality, appear in May through September. On June 16, 1976, the Service published near Springville. Clarkia springvillensis Verbena californica grows in nine a proposal in the Federal Register (41 is an erect annual herb in the evening populations between 260 and 335 m FR 24523) to determine approximately primrose family (). The 1 m (850 to 1,150 ft) in elevation. The 1,700 species to be (3 ft) tall plant has simple or usually populations are restricted to endangered species pursuant to section branched stems. The bright green leaves intermittent and perennial streams 4 of the Act. The list of 1,700 plant taxa are 2 to 9 centimeters (cm) (0.8 to 3.5 within serpentine areas of the Red Hills was assembled on the basis of in) long and 5 to 20 millimeters (mm) of Tuolumne County. The entire range comments and data received by the (0.2 to 0.8 in) broad. The lavender-pink of the species is about 16 km (10 mi). Smithsonian Institution and the Service flowers appear in May to July and Within this narrow range, the total area in response to House Document No. 94– 49024 Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations

51 and the July 1, 1975, Federal all petitions pending on October 13, Summary of Comments and Register publication. Brodiaea pallida 1982, be treated as having been newly Recommendations and Calyptridium puchellum were submitted on that date. This was the In the October 4, 1994, proposed rule included as endangered in the June 16, case for Brodiaea pallida because the (59 FR 50540) and associated 1976, Federal Register document. 1975 Smithsonian report had been notifications, all interested parties were General comments received in accepted as a petition. On October 13, requested to submit factual reports or relation to the 1976 proposal were 1983, the Service found that the information that might contribute to summarized in an April 26, 1978, petitioned listing of these species was development of a final rule. Appropriate Federal Register publication (43 FR warranted, but precluded by other Federal agencies, State agencies, County 17909). The Endangered Species Act pending listing actions, in accordance and City governments, scientific Amendments of 1978 required that all organizations, and other interested proposals more than 2 years old be with section 4(b)(3)(B)(iii) of the Act; parties were contacted and requested to withdrawn. A 1-year grace period was notification of this finding was provide comments. Newspaper notices given to those proposals already more published on January 20, 1984 (49 FR inviting public comment were than 2 years old. In the December 10, 2485). Such a finding requires the 1979, Federal Register (44 FR 70796), petition to be recycled, pursuant to published in the Bakersfield Californian the Service published a notice of section 4(b)(3)(C)(i) of the Act. The and Porterville Recorder on October 10, withdrawal of the June 16, 1976, finding was reviewed in October of 1984 1994, and the Fresno Bee and Tuolumne proposal, along with four other through 1993. Union Democrat on October 25, 1994. The comment period closed on proposals that had expired. On October 4, 1994, the Service The Service published an updated December 5, 1994. published a proposed rule in the As a result of receiving seven requests Notice of Review for plants on Federal Register (59 FR 50540) to list December 15, 1980 (45 FR 82480). This for one or more public hearings, the Brodiaea pallida, Calyptridium notice included Brodiaea pallida, Service reopened and extended the pulchellum, Lupinus citrinus var. Calyptridium puchellum, Clarkia comment period until February 13, 1995 springvillensis, and Verbena californica deflexus, and Mimulus shevockii as (59 FR 67268). The Service held as category 1 candidates. Category 1 endangered and Allium tuolumnense, informational meetings with interested species were those for which the Service Clarkia springvillensis, Carpenteria parties about the proposed rule in had on file substantial information on californica, Fritillaria striata, Navarretia Fresno on January 25, 1995, in Visalia biological vulnerability and threats to setiloba, and Verbena californica as on January 26, 1995, and in Bakersfield support preparation of listing proposals. threatened. This proposed rule on January 27, 1995. On January 31, On November 28, 1983, the Service constituted the warranted finding for 1995, the Service conducted a public published in the Federal Register a Brodiaea pallida. hearing in Bakersfield. The Service received three requests to postpone or supplement to the Notice of Review (48 Based upon information received FR 53640) in which Brodiaea pallida delay the public hearing and three during public comment periods additional requests to extend the and Verbena californica were subsequent to the publication of the designated as category 1 candidates for comment period beyond February 13, proposed rule, the Service now Federal listing. This supplement also 1995. Responding to these requests, the changed Clarkia springvillensis and determines Brodiaea pallida, Service extended the comment period Calyptridium puchellum to category 2. Calyptridium pulchellum, Clarkia until June 4, 1995 (60 FR 8342). From Category 2 included taxa for which springvillensis, and Verbena californica April 1995, through April 1997, the information in the possession of the to be threatened species. The proposed Service was under a congressionally Service indicated that a listing proposal listing of Allium tuolumnense, imposed moratorium on final listings. was possibly appropriate, but for which Carpenteria californica, Fritillaria The Service reopened the comment sufficient data on biological striata, Lupinus citrinus var. deflexus, period on February 4, 1997, (62 FR vulnerability and threat were not Mimulus shevockii, and Navarretia 5199) and again on June 30, 1997, (62 available to support a proposed rule. On setiloba is being withdrawn by the FR 35116) to update and clarify February 28, 1996, the Service Service as announced in a separate information received during the three published a Notice of Review in the Federal Register notice published prior comment periods. Federal Register (61 FR 7596) that concurrently with this final rule. The Service has reviewed all the comments received during the four discontinued the designation of category The processing of this final rule comment periods. General comments 2 species as candidates. follows the Service’s fiscal years 1998 The plant notice was revised again on received on all ten taxa included in the and 1999 listing priority guidance September 27, 1985 (50 FR 39526). The proposed rule, and specific comments published in the Federal Register on status of these four plants remained on the four taxa for which the Service May 8, 1998 (63 FR 25502). The unchanged from the 1983 supplement. has determined that listing is Another revision of the plant notice was guidance establishes the order in which appropriate are addressed in this final published on February 21, 1990 (55 FR the Service will process rulemakings. rule. Specific comments pertaining to 6184). In this revision, Clarkia The guidance calls for giving highest the six taxa being withdrawn (Allium springvillensis was returned to category priority to handling emergency tuolumnense (Rawhide Hill onion), 1 status. On September 30, 1993, the situations (Tier 1) and second highest Carpenteria californica (carpenteria), Service published another notice and priority (Tier 2) to resolving the listing Fritillaria striata (Greenhorn adobe lily), the status of the species remained status of outstanding proposed listings. Lupinus citrinus var. deflexus (Mariposa unchanged (58 FR 51144). Processing critical habitat lupine), Mimulus shevockii (Kelso Creek Section 4(b)(3)(B) of the Act requires determinations is included in Tier 3 of monkeyflower) and Navarretia setiloba the Secretary to make certain findings the guidance. This final rule is a Tier 2 (Puite Mountain navarretia)) are on pending petitions within 12 months action and is being completed in addressed in a separate Federal Register of their receipt. Section 2(b)(1) of the accordance with the current listing notice published concurrently with this 1982 amendments further requires that priority guidance. rule. Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations 49025

The Service received 525 comments extend the comment period for another agencies, species experts, ecologists, (i.e., letters, phone calls, facsimiles, and two or three growing seasons so more botanists, and interested individuals in oral testimony) from 164 individuals or information could be collected on the the preparation of the proposed and agencies or group representatives species in non-drought years. final rules, consistent with section concerning the proposed rule. Seventy- Service Response: Professional and 4(a)(1)(B) of the Act. A list of all data one commenters provided opposing amateur botanists have known of and sources and information used to comments, 39 commenters provided searched for three of the four plants for formulate the proposed and final rules supporting comments, and 54 decades. Brodiaea pallida, Calyptridium are available from the Sacramento Fish commenters provided neutral pulchellum, and Verbena californica and Wildlife Office upon request. The comments. Of the 525 comments, 310 were all described prior to 1960 and Service participated in two informal were opposed to the proposed listing, 87 were included in Philip Munz and information exchange meetings with supported the listing, and 128 had no David Keck’s, ‘‘A California Flora of State and County representatives and position regarding the proposed listing. California, 1959.’’ The first State-wide private landowning ranchers in Several commenters provided inventory of rare plants was assembled Bakersfield, California, to discuss the additional information that, along with by the California Native Plant Society importance, usefulness, and thresholds other clarifications, has been (CNPS) in 1974. Monitoring efforts on of useful information during the fourth incorporated into the ‘‘Background’’ or the locations and habitats of the four comment period and received ‘‘Summary of Factors’’ sections of this plants have been more consistent since information from ranchers during all final rule. Opposing and technical this time. Continuing inventory efforts comment periods. Some of this comments have been organized into have not been conducted on all information pertained to specific or specific issues. These issues and the populations of the four plants in all general locational references and has Service’s response to each, are years over the last twenty years. been incorporated into this final rule. summarized as follows. However, site visits to locations of populations of these plants have been Issue 2—Species Are Not Threatened or Issue 1—Insufficiency of Data undertaken in both drought and non- Threats Are Not Substantiated Comment: Several commenters stated drought years, as discussed in the Comment: Several commenters stated that data used in the proposed rule to ‘‘Summary of Factors Affecting the that some of the species are more list these ten plants was either Species’’ section. Under section common than indicated in the proposed inaccurate, insufficient, inconsistent, 4(b)(1)(A) of the Act, the Service is rule, or some, if not all of the species are erroneous, unsubstantiated, unverified, required to make its determination upon not threatened by one or more factors unjustified, based only on biased the best available scientific and across the range of the species. One opinions in favor of listing the species, commercial data. The Service is neither commenter stated that Clarkia not peer-reviewed, or required required, funded, nor authorized to springvillensis is not threatened by additional research. conduct further surveys for these urbanization, timber operations, or road Service Response: Information used species, and concludes that the best maintenance across its range. Another by the Service to list the species was available information is sufficient to commenter stated that Clarkia gathered from a variety of sources, support the listing of these species springvillensis is more widespread than including Federal and State agencies, under the Act. is indicated in the proposed rule. local governments, and private Comment: Several commenters stated Service Response: The Service has individuals, including species experts that data were, or may have been, reviewed all the information and and scientists. This information, and collected by trespass and questioned the comments from many sources and has additional information received during legality and admissibility of the data determined that logging does not pose a public comment periods, including under those circumstances. significant threat to Clarkia those of peer reviewers and comments Service Response: Among the springvillensis. Urbanization poses a received at public hearings, provide the information sources used by the Service threat to C. springvillensis on private foundation for determining the final is the information from the CNDDB, a lands, but not to those populations status of these ten plants. All part of the California Department of Fish found on public lands. Road information received was carefully and Game (CDFG). The data comprising maintenance threatens the species at evaluated in accordance with the the CNDDB and data at the Sacramento four of its 15 locations. Additional interagency policy on information Fish and Wildlife Office is checked for information regarding threats to the standards under the Act, published on accuracy, but whether or not observers species are discussed in the ‘‘Summary July 1, 1994 (59 FR 34271). Five of the obtained written or verbal permission to of Factors Affecting the Species’’ section seven independent species experts that visit private land is not investigated. of this document. The Service has reviewed the proposed rule supported Many of the older observations may determined that each of these four taxa the listing of one or more of the ten predate the more recent heightened meets the definition of a threatened plant taxa. Criteria for what information sensitivity of landowners to individuals species under the Act. A list of all data may be considered are discussed in the searching for rare plants on their sources and information used to ‘‘Summary of Factors Affecting the property. Neither the Service nor the formulate the proposed and final rules Species’’ section. As previously stated, CDFG condone trespassing. are available at the Sacramento Fish and this final rule concerns four of the ten Comment: Several commenters Wildlife Office upon request. taxa proposed on October 4, 1994. The expressed concern that the Service did other six taxa are addressed in a not collect information from ranchers Issue 3—Economic Effects of Listing separate notice published concurrently and that the information to list the four Comment: Numerous commenters with this final rule. plants may not be accurate without this stated that listing may limit, curtail, or Comment: Several commenters stated information. impinge on the existing uses of private that the information on these four plants Service Response: The Service property, or that listing would result in was collected during drought years, and collected and has used the best the loss of management opportunities therefore, the data were biased. Another scientific and commercially information on private lands as well as the loss of commenter suggested that the Service available from Federal, State and local economic productivity of those lands. 49026 Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations

Service Response: The Act does not In this context, an agency’s actions ability to provide adequate protection restrict the damage or destruction of might be subject to legal challenge if it measures for these species. One listed plants due to otherwise lawful did not consider or act upon economic commenter stated that the Service could private activities on private land beyond data. In these cases, the Attorney not prepare a recovery plan without an any level of protection that may be General’s guidelines state that Takings economic assessment. provided under State law. Listing the Implications Assessments (TIA) will be Service Response: The recovery four plants as threatened or endangered prepared after, rather than before, the planning process typically occurs after will not regulate logging, farming, or agency makes the decision upon which the species has been listed and provides ranching operations, including its discretion is restricted. The purpose recovery objectives and criteria to delist grazing, on private land. Other activities of TIAs in these special circumstances the species. The recovery planning that do not violate the taking is to inform policy makers of areas process will involve species experts, prohibitions of section 9(a)(2) of the Act, where unavoidable takings exposures scientists, and interested members of as well as prohibited activities, are exist. Such TIAs shall not be considered the public in accordance with discussed further under ‘‘Available in the making of administrative interagency policy on recovery plans Conservation Measures’’ section of this decisions that must, by law, be made under the Act, published on July 1, 1994 rule. without regard to their economic (59 FR 34272). The information and Comment: Numerous commenters impact. In enacting the Act, Congress public education needs for successful stated that the Service should consider required the Department to list species recovery of these species are many and the economic effects of the listing on the based solely upon scientific and will be incorporated into the recovery local economies and industries in the commercial data indicating whether plan. Economic assessments are not part counties where the plants occur. they are in danger of . Thus, of the recovery planning process; Service Response: Under section by law and U.S. Attorney guidelines, the however, every recovery plan includes 4(b)(1)(A) of the Act, a listing Service cannot conduct such TIA’s prior an estimate of the costs of all recovery determination must be based solely on to listing. tasks identified in the plan. the best scientific and commercial data available about whether a species meets Issue 4—Designation of Critical Habitat Issue 6—National Environmental Policy the Acts definition of a threatened or Comment: Several commenters stated Act and Information Availability endangered species. The legislative that the Service needed to designate Comment: Numerous commenters history of this provision clearly states critical habitat, and had no prudent stated that the Service needed to the intent of Congress to ‘‘ensure’’ that basis for refusal to do so. prepare an Environmental Impact listing decisions are ‘‘based solely on Service Response: The Service has Statement (EIS) or an Environmental biological criteria and to prevent non- determined that critical habitat for these Assessment (EA) pursuant to the biological considerations from affecting four species is not prudent. Please refer National Environmental Policy Act such decisions,’’ H.R. Rep. NO. 97–835, to the ‘‘Critical Habitat’’ section of this (NEPA) on this rule. 97th Cong., 2nd Sess. 19 (1982). As rule for a detailed discussion of the Service Response: For reasons further stated in the legislative history, Service’s basis for not designating described in the NEPA section of this ‘‘applying economic criteria . . . to any critical habitat at this time. document, the Service has determined phase of the species listing process is Comment: One commenter stated that that the rules issued pursuant to section applying economics to the the Service needed to designate critical 4(a) of the Act do not require the determinations made under section 4 of habitat to help locate populations and preparation of an EIS. The Federal the Act and is specifically rejected by verify data. Another commenter courts have held in Pacific Legal the inclusion of the word ‘‘solely’’ in the disagreed with the Service that the Foundation v. Andrus, 657 f2d. 829 (6th legislation,’’ H.R. Rep. NO. 97–835, 97th designation of critical habitat and Circuit 1981) that an EIS is not required Cong. 2nd Sess. 19 (1982). Because the subsequent publication of critical for listing under the Act. The court Service is precluded from considering habitat maps would cause vandalism to decision noted that preparing an EIS on economic impacts, in a final decision on the plants. listing actions does not further the goals a proposed listing, the Service does not Service Response: Protection that of NEPA or the Act. examine such impacts. these species will receive as a result of Comment: Several commenters Comment: One commenter stated that listing is discussed under ‘‘Available wanted to personally view the evidence listing may result in ‘‘takings’’ of private Conservation Measures’’ portion of this used by the Service to list these plants, property and therefore the Service rule. The public has access to general or specifically wanted to know the should complete a Takings Implications locational information on all four of names of individuals who conducted Assessment. these plants through the CDFG’s site visits or provided peer review for Service Response: The U.S. Attorney CNDDB. The Service considers the risk the proposed rule. General has issued guidelines to the of malicious damage to most of these Service Response: A full Department of the Interior (Department) plants to be relatively small, especially administrative record of the information on the implementation of Executive for the species that are inconspicuous. considered in the proposed and final Order 12630, ‘‘Governmental Actions Please refer to the ‘‘Critical Habitat’’ rules for these species is available at the and Interference with Constitutionally section of this rule for a detailed Sacramento Fish and Wildlife Office Protected Property Rights.’’ Under these discussion of the Service’s reasons for (see ADDRESSES section). guidelines, a special rule applies when not designating critical habitat at this Issue 7—Existing Regulatory an agency within the Department is time. required by law to act without Mechanisms exercising its usual discretion. The Issue 5—Recovery Planning Comment: Numerous commenters provisions in the guidelines relating to Comment: Several commenters stated stated that the existing regulatory non-discretionary actions clearly are that the Service should not list these measures available through State, applicable to the determination of four species without a recovery plan. Federal and local laws, rules and endangered or threatened status for the Another commenter stated that the lack regulations provide adequate protection four plants in this rule. of a recovery plan hampers a county’s for the four species to be listed in this Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations 49027 rule. Other commenters stated that the compatible with rare plants on many accordance with section 4(a)(1)(B) of the existing regulatory mechanisms were sites. The listing provisions of the Act Act. Please refer to the ‘‘Summary of not sufficient to protect the species provide that species may be determined Factors Affecting the Species’’ section of included in this rule, and therefore the to be endangered or threatened species this rule regarding threats to Brodiaea listing should go forward to provide the due to one or more of the five factors pallida, Calyptridium pulchellum, protection necessary for the continued described in section 4(a)(1) of the Act. Clarkia springvillensis, and Verbena existence of these species. The effects of herbivory by any animal, californica, and to the notice of Service Response: The Service including livestock, is discussed under withdrawal being published believes that the existing regulatory Factor C of the ‘‘Disease and Predation’’ concurrently with this rule [insert FR#] mechanisms provided in the State, local section of this rule. for information regarding Allium and county regulations are inadequate Comment: Several commenters stated tuolumnense, Carpenteria californica, to protect these four plants. Please see that threats associated with livestock Clarkia springvillensis, Fritillaria Factor D of the ‘‘Summary of Factors grazing were either false, purely striata, Lupinus citrinus var. deflexus, Affecting the Species,’’ section of this speculative, or lacked any scientific Mimulus shevockii, and Navarretia rule. credence. setiloba. Service Response: During the Issue 8—Grazing preparation of this rule, the Service Issue 10—Lack of Regulatory Authority Comment: Several commenters stated evaluated site specific observations of to List Plant Species that grazing and/or trampling is good for known plant populations, and reviewed Comment: One commenter stated the these species by promoting plant vigor, an extensive body of literature on the Service lacks jurisdiction to enact the or creates a better seedbed. One impacts of grazing mammals to plant proposed rule, and that the rule should commenter stated that the Service holds species. Please refer to Factor C in the be withdrawn since there is no the position that all grazing is ‘‘Summary of Factors Affecting the connection between regulation of these overgrazing. One commenter stated that Species’’ section of this rule for further plants and a substantial effect on other environmental factors (e.g., discussion on the effects of herbivory, ‘‘interstate commerce.’’ rainfall) are more of an issue for these including livestock grazing. Service Response: The Service species than grazing. Comment: Several commenters stated maintains that it does have the authority Service Response: The Service has no that grazing of Clarkia springvillensis is to list plants such as those included in evidence to support the general position not a problem or that grazing is the proposed rule pursuant to the Act. that grazing is beneficial or detrimental necessary for the survival of the species. Several Federal court cases have for these species. Numerous factors Service Response: Grazing, in confirmed this authority (see e.g. involved in livestock management and combination with other environmental National Association of Home Builders grazing practices, such as season of use, and human factors, have led to v. Babbitt, 130 F.3d 1041 (D.C. Cir. intensity, duration, and stocking levels, deleterious effects on the habitat of 1997), petition for cert. filed (March 5, as well as varying climatic conditions, Clarkia springvillensis. According to 1998)). may affect these species and/or their observers (Tim Holtsford and Kimberlie Peer Review habitats. No available literature supports McCue-Harvey, University of Missouri, the position that grazing is beneficial to in litt. 1993), livestock grazing is Consistent with the interagency these species. Site specific observations damaging eight of the 15 known policy on peer review published on July and local extirpations suggest that heavy locations of this species by direct 1, 1994 (59 FR 34270), the Service grazing may have impacted some consumption and trampling. The solicited the expert opinions of seven populations of these species. The Service believes that these effects, independent and appropriate specialists Service does not hold that all grazing is together with other threats discussed in regarding pertinent scientific or overgrazing, but rather that grazing at ‘‘Summary of Factors Affecting the commercial data and assumptions some locations has had adverse impacts Species’’ section support the relating to the , population on the species considered in this rule. determination of threatened status for status, and supporting biological and Virtually all the information that the this species. ecological information for the ten Service received or located regarding proposed plants. Five of the seven peer beneficial and adverse livestock grazing Issue 9—Alternative Status reviewers provided comments. Not all effects on the four taxa is anecdotal. Comment: Several commenters reviewers commented on all of the taxa However, repeated observations over requested that the species considered in that were proposed for listing. One time coupled with knowledge of this rule should either not be listed at reviewer supported the listing of all historical land uses has validity even this time, be listed with an alternate species addressed in this rule, noted though that information was not status, withdrawn, delayed in listing, or that each species is taxonomically scientifically collected. That kind of retain current status. distinct, and commented that the low information was provided for some of Service Response: Substantive numbers of individuals in populations the locations for some of the taxa in this information provided by commenters in make them especially susceptible to rule. Based upon this information, it support of arguments for alternative detrimental genetic phenomena, appears that some levels of livestock listing status, including delay or including inbreeding depression and grazing are compatible with, and may be withdrawal, has been incorporated into loss of genetic variability. This reviewer beneficial to, some of these species. this final rule and the accompanying characterized the population sizes of Competition from alien grasses may withdrawal notice. The Service believes Brodiaea pallida and Calyptridium pose a threat to some of these species there is sufficient information to list pulchellum as ‘‘perilously low’’ and the and grazing, to the extent that it can these four species, and that the populations of Clarkia springvillensis alleviate such competition without appropriate determination of the status and Verbena californica as approaching eliminating or weakening a rare plant of each of these species has been made. that condition. A second reviewer also population through direct consumption The Service has made these supported the listing of all species or trampling, or secondary effects such determinations based on consideration addressed in this rule and commented as accelerated soil erosion, is of the best available information, in specifically on Brodiaea pallida, 49028 Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations

Calyptridium pulchellum, and Clarkia site (B. Rogers, in litt. 1997; Pat Stone, mowing (T. Holtsford, in litt. 1993, T. springvillensis. The reviewer noted that CNPS, in litt. 1997). The proposed Holtsford and K. McCue-Harvey, in litt. the restriction of Brodiaea pallida to a subdivision divides some of the 1993, CNDDB 1997). These five single population and its ‘‘dangerously population into 2 ha (5 ac) parcels and populations comprise more than 40 low’’ population size make it would impact approximately one half of percent of the known acreage of C. susceptible to extinction by random all the known individual plants (P. springvillensis habitat (CNDDB 1997). events. The same reviewer also Stone, in litt. 1994). No construction Four of these five populations are small commented that further reductions in activity has occurred since 1989 at the and have become restricted to a narrow populations of Calyptridium pulchellum proposed subdivision that was believed band above and/or below the part of the and Clarkia springvillensis may place to threaten B. pallida. No construction roadbank that is not graded and above them in danger of extinction by random activity is currently planned at the site and/or below the heavily grazed terrain events. A third reviewer, who only where the species occurs. Thus, in across a fence adjacent to the roadway addressed Calyptridium pulchellum and reassessing the threat to the single (CDFG 1990). Mowing usually occurs Clarkia springvillensis, noted that each population of Brodiaea pallida and when the grass turns golden, just when is taxonomically distinct and of such recognizing that the threat is less C. springvillensis begins to flower limited range that listing is warranted. imminent than initially thought, the (James Shevock, U.S. Forest Service, in A fourth reviewer provided information Service has determined that threatened litt. 1985). One of the five sites is along on the taxonomic distinctiveness, status is more appropriate for Brodiaea a county road (County Road M–220) that ecology, and non-native competitors of pallida. is graded infrequently by the Tulare Navarretia setiloba, a species that is Two populations of Calyptridium County Public Works Department; the being withdrawn, and also emphasized puchellum occur on lots in the midst of plants extend to the edge of the road the importance of conserving the a subdivision (Ann Mendershausen, and are graded and buried periodically species. The fifth reviewer provided no Mariposa County Resource Conservation (T. Holtsford, 1994 pers. comm.). At this specific comments but supported the District, pers. comm. 1993, 1997; same site, C. springvillensis appears to listing of all four taxa addressed in this CNDDB 1997). This subdivision had a be threatened by the Public Works final rule. vacancy rate of 23 percent as of March Department dumping of sand (T. 1997 (David Deel, Madera County Holtsford, pers. comm. 1994). Summary of the Factors Affecting the Planning Department, pers. comm. A sixth population of Clarkia Species 1997) and additional human impacts springvillensis, on private land, is Section 4 of the Act and regulations may occur to the two populations as the threatened by development (Andrew (50 CFR part 424) promulgated to subdivision fills to 100 percent Pacheco, Tulare County Planning implement the listing provisions of the occupancy. A third population of C. Department, in litt. 1997; CNDDB 1997). Act set forth the procedures for adding pulchellum occurs in an area including Zoning in portions of the area allows species to the Federal lists. A species commercial and residential zoning one dwelling per ha (2.5 ac) as long as may be determined to be an endangered adjacent to the location of the the dwellings are occupied by family, or threatened species due to one or more population (A. Mendershausen in litt. employees, or farm laborers (A. of the five factors described in section 1995; Thomas Kidwell, Madera County Pacheco, in litt. 1997). This is in 4(a)(1). These factors and their Assessors Office, in litt. 1997; D. Deel, addition to an allowance for one application to Brodiaea pallida Hoover in litt. 1997). Although one subdivision dwelling for the owner. Further (Chinese Camp brodiaea), Calyptridium was constructed prior to the proposed subdivision of parcels requires an puchellum (Eastwood) Hoover rule, none of the proposed subdivisions amendment to the general plan. (Mariposa pussypaws), Clarkia that were thought to threaten Applications for general plan springvillensis Vasek (Springville populations of C. pulchellum have been amendments can be submitted clarkia), and Verbena californica constructed since the proposed rule was whenever, and as frequently as, the land Moldenke (California vervain) are as published in 1994. No construction owner wishes in Tulare County (A. follows: activities are planned at the sites where Pacheco pers. comm. 1997). Three small the species occurs. A fourth population populations of C. springvillensis occur A. The Present or Threatened of C. pulchellum occurs on a ranch that on lands owned by Tulare County. Destruction, Modification, or is for sale (A. Mendershausen pers. These populations are subject to Curtailment of its Habitat or Range comm. 1993, 1997; CNDDB 1997). The incidental impacts associated with Brodiaea pallida, Calyptridium populations of Madera and Mariposa frequent large nature group walks and puchellum, Clarkia springvillensis, and counties, where C. pulchellum occurs livestock grazing (CNDDB 1997). Verbena californica are restricted to on private lands, are expected to The largest population of Clarkia grassland and woodland communities of increase by 58 percent and 55 percent, springvillensis occurs on a 1.8 ha (4.5 the southwestern foothills of the central respectively, between 1996 and 2010 ac) preserve owned by CDFG. Prior to Sierra Nevada Mountains. These four (California Department of Finance 1993, acquisition by CDFG, this property had species have been variously impacted 1996). Thus, the Service has determined an access road cut into the preserve, a and face future impacts from that the threats to populations of water well drilled, and a knoll leveled development projects and other human Calyptridium puchellum from as a pad for home construction. The activities. subdivisions are not as imminent as first type locality for C. springvillensis,, Historically, the only known thought and has determined that which covered a 27 ha (67 ac) area, was population of Brodiaea pallida extended threatened status is more appropriate for extirpated by mobile home development up to 0.6 km (1 mi) south of the Red Calyptridium puchellum. (CNDDB 1997). Hills Road; however, large parts of the Two populations of Clarkia Both of the largest populations of population were destroyed by non- springvillensis on the Sequoia National Verbena californica are on private land permitted construction around 1982 Forest (CNDDB 1997) and three that currently is being developed, or (Blaine Rogers, Columbia College, in litt. populations on non-Federal lands are could be developed soon. When last 1990; CNDDB 1997). A subdivision has threatened by road maintenance surveyed, each of these populations was been proposed for the remainder of the activities such as grading and roadside estimated to contain several thousand Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations 49029 plants; the next largest population was recreational mining is trampling by plants on about 13 percent of the total estimated to contain fewer than 500 humans, which negatively affects V. acreage occupied by V. californica, and plants (CDFG 1993, CNDDB 1997). In californica and its habitat (Anne Knox, was estimated to contain approximately August 1997, the Tuolumne County BLM, pers. comm. 1997a). 40 to 50 percent of all V. californica plants (CDFG 1993; CNDDB 1997). Board of Supervisors rescinded the 1994 B. Overutilization for Commercial, Recently, a cattle feeder was installed 3 Environmental Impact Report (prepared Recreational, Scientific, or Educational m (10 ft) from the creek where V. pursuant to CEQA, discussed below) for Purposes a planned subdivision at one of these californica grows at this site (P. Stone, populations on Andrew Creek. Because Overutilization is not currently pers. comm. 1997a), which may increase of this action, a 1989 vested map known to be a factor for these four trampling effects. Trampling has also dividing the land into 23 parcels is in plants, but unrestricted collecting for been identified as a threat at two other effect (Robin Wood, Tuolumne County scientific or horticultural purposes or populations of V. californica (CDFG Planning Department, pers. comm. excessive visits by individuals 1993; A. Knox, pers. comm. 1997b). At 1997a). Grading and road building are interested in seeing rare plants could one of these sites, the trampling was due currently occurring in V. californica result from increased publicity as a to trespass grazing (A. Knox, pers. habitat on the site (Rich Hunter, Central result of this final rule. comm. 1997b). Sierra Environmental Resources Center, C. Disease or Predation The Service has not received any pers. comm. 1997; R. Wood, pers. scientific studies suggesting that heavy Many Clarkia springvillensis sites are comm. 1997a). This population was livestock grazing has adverse effects on reported to be grazed by domestic estimated to contain at least 35 to 40 any of the populations of the four taxa livestock (Kimberlie McCue, Missouri in this final rule. The Service maintains percent of all V. californica plants, Botanical Garden, in litt. 1997). Grazing based on CDFG 1993 population sizes. that, depending on a wide variety of can negatively affect C. springvillensis circumstances, livestock grazing may In addition, it is the only population of although the degree of impact depends V. californica known from the Andrew have little, or no detectable, adverse on the timing and intensity of grazing. effects on plant communities. The Creek drainage and the most westerly Grazed plants have the ability to population of the species. The second of effects on plants from livestock grazing continue producing flowers, but heavy, are highly variable and dependent on the two largest populations of V. repeated, and/or late season grazing can californica is on Big Creek (CDFG 1993). many factors, including but not limited adversely affect the plants (K. McCue, in to, livestock class, timing, intensity, and The parcel recently was sold, and the litt. 1997). Intensive grazing has been owners are planning to build a house on duration of livestock use, and the identified as one of the greatest threats species of plants themselves, (Heady a knoll about 300 feet from the creek to the species and the ‘‘basic cause of its where V. californica grows. The parcel 1975). Soil and ambient air rarity’’ (J. Shevock in litt. 1985). Heavy temperatures, along with effective soil is currently zoned so that it could be livestock grazing and/or trampling have divided into 15 ha (37 ac) parcels. The moisture from spring rainfall also been reported in three populations of C. influence plant , growth, parcel could be further divided if the springvillensis in Tulare County (T. general plan was amended; amending and availability for livestock Holtsford and K. McCue-Harvey, in litt. consumption (Heady 1975; Huenneke can take place three times a year in 1993; CNDDB 1997). An additional five Tuolumne County. In addition, the and Mooney 1989). Livestock grazing occurrences are grazed, but heavy occurs where many of the four plant busy, nearby intersection of Old Don grazing and/or trampling have not been species populations are located, and the Pedro Road and La Grange Road may be reported at these sites (CNDDB 1997). Service is aware of numerous developed, if the general plan is Appropriate grazing regimes may circumstances where, under a specific amended. Other areas of rapid benefit C. springvillensis in some set of circumstances, livestock grazing development in the vicinity of V. situations by reducing the abundance of has no or little adverse effect on any of californica in Tuolumne County include alien plants and thereby lessening the four plants. The BLM and Sierra the intersection of Highways 108 and competitive pressure on C. National Forest constructed livestock 120 and the area around Chinese Camp springvillensis (K. McCue, in litt. 1997). exclusion fences around one population (R. Wood, pers. comm. 1997b). Several populations of Verbena of Verbena californica and one Recreational placer gold mining has californica are grazed (CNDDB 1997). population of Calyptridium pulchellum not been allowed since 1993 in Andrew Although the effects of grazing on V. to promote and protect the plants and and Big creeks, but it is still allowed in californica are not thoroughly their habitats. There have been Poor Man’s and Six Bit gulches (Art understood, plants in grazed sites are observations of neutral, little, and Champ, U.S. Army Corps of Engineers noticeably smaller than those in adverse effects of livestock grazing on in litt. 1995). Three populations of ungrazed sites (Mark Skinner, CNPS, these four taxa (K. McCue, in litt. 1997; Verbena californica on BLM land in Six pers. comm. 1993; A. Knox, pers. comm. CNDDB 1997). Bit Gulch and one on BLM land in an 1997b). Field observations suggest that unnamed drainage between Six Bit V. californica can tolerate only light D. The Inadequacy of Existing Gulch and Big Creek are threatened by grazing before it disappears from Regulatory Mechanisms recreational placer gold mining (CDFG occupied habitat (Rogers 1983). Even if The State of California Fish and Game 1993). Impacts from casual mining grazing itself does not threaten V. Commission has listed Brodiaea pallida continue to occur despite designation of californica, trampling associated with and Clarkia springvillensis as the entire Red Hills as an Area of grazing negatively impacts the plants endangered species under the California Critical Environmental Concern by BLM and their habitat (A. Knox, pers. comm. Endangered Species Act (CESA) (Ed Hastey, BLM, in litt. 1992). Verbena 1997a, b). One of the two largest (Chapter 1.5 § 2050 et seq. of the CDFG californica was only found on areas of populations of V. californica is subject Code and Title 14 California Code of the stream in the Six Bit Gulch area to trampling (A. Knox, pers. comm. Regulations 670.2). In September 1994, where mining activities had not 1997b) and heavy grazing (CNDDB the California Fish and Game changed land contours and habitat 1997). When last surveyed, this Commission listed Verbena californica (Rogers 1983). Another impact from population contained several thousand as a threatened species (Chapter 1.5 49030 Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations

§ 2050 et seq. of the California Fish and addition, CEQA guidelines recently area in 1995, and OHV use continues to Game Code and Title 14 California Code have been revised in ways which, if threaten populations of Verbena of Regulations 670.2 ). Listing by the made final, may weaken protections for californica (P. Stone, pers. comm. State of California requires individuals threatened, endangered, and other 1997b; Patti Wilson, CNPS, in litt. 1997; to obtain a memorandum of sensitive species. CNDDB 1997). The BLM continues to understanding with the California Brodiaea pallida and Verbena issue small numbers of citations for Department of Fish and Game (CDFG) to californica occur in seeps, springs, and shooting and OHV use in the Red Hills possess or ‘‘take’’ a listed species. overflow channels, and in intermittent (Steve Martin, BLM, pers. comm. 1997). Although the ‘‘take’’ of State-listed and perennial streams, respectively. Trash dumping has also damaged one plants is prohibited (California Native Such features may be treated as waters population of Verbena californica on Plant Protection Act (CNPPA), Chapter of the United States for regulatory BLM lands in Six Bit Gulch (A. Knox, 10 § 1908 and CESA, Chapter 1.5 purposes by the U.S. Army Corps of pers. comm. 1997b). § 2080), State law appears to exempt the Engineers (Corps) under section 404 of Small population size increases the taking of such plants via habitat the Clean Water Act. However, the susceptibility of a population to modification or land use changes by the Clean Water Act, alone, does not extirpation from random demographic, owner. After CDFG notifies a landowner provide adequate protection for environmental and/or genetic events that a State-listed plant grows on his or Brodiaea pallida and Verbena (Shaffer 1981, 1987; Lande 1988; Meffe her property, State law evidently californica. For example, Nationwide and Carroll 1994). Brodiaea pallida requires that the land owner notify the Permit (NWP) No. 26 (33 CFR part 330 exists in only a single population agency ‘‘at least 10 days in advance of Appendix B (26)) was established by the comprising 26 ha (65 ac). Population changing the land use to allow salvage Corps to facilitate issuance of permits sizes of 100 or fewer are known for at of such a plant’’ (CNPPA, Chapter 10 for discharge of fill into wetlands. least five populations of Calyptridium § 1913). California Senate Bill 879, Under current regulations, NWPs may pulchellum and three populations of passed in 1997 and effective January 1, be issued for fills up to 1.2 ha (3.0 ac); Verbena californica, and populations 1998, requires individuals to obtain a fills greater than 1.2 ha require an sizes of 20 to 200 plants are reported for section 2081(b) permit from CDFG to individual permit (61 FR 65916). For Clarkia springvillensis (CDFG 1990; take a listed species incidental to project proposals falling under NWP 26, CNDDB 1997). Although neither regular otherwise lawful activities, and requires the Corps seldom withholds nor systematic inventories have been that all impacts be fully mitigated and authorization unless a listed threatened conducted for all populations at every all measures be capable of successful or endangered species’ continued location, populations of these plants implementation. These new existence would be jeopardized by the have been examined in drought and requirements have not been tested and proposed action, regardless of the non-drought years from 1901 for several years will be required to significance of other wetland resources. Calyptridium pulchellum, 1964 for evaluate their effectiveness in protecting Moreover, for fills less than 0.13 ha (0.3 Clarkia cvspringvillensis, and 1942 for species. ac) only an after-the-fact report is Verbena californica. Demographic required by the Corps. This report must events that may put small populations The California Environmental Quality be submitted within 30 days of of Calyptridium pulchellum, Clarkia Act (CEQA) requires a full disclosure of completion of the work and include springvillensis, and Verbena californica the potential environmental impacts of only the name, address, and telephone at risk involve random fluctuations in proposed projects. The public agency number of the permittee; location and survival and reproduction of with primary authority or jurisdiction description of the work; and, the type individuals (Shaffer 1981, 1987; Lande over the project is designated as the lead and acreage of the loss (61 FR 65917). 1988; Meffe and Carroll 1994). These agency, and is responsible for Populations of Verbena californica and species may also be subject to increased conducting a review of the project and some parts of the single population of genetic drift and inbreeding as a consulting with the other agencies Brodiaea pallida may occur in wetlands consequence of their small population concerned with the resources affected smaller than 0.13 ha (0.3 ac). Although sizes (Menges 1991; Ellstrand and Elam by the project. Section 15065 of the General Condition 11 of the NWP states 1993). Populations that are continually CEQA Guidelines requires a finding of that ‘‘no activity is authorized under small in size are particularly susceptible significance if a project has the potential any NWP which is likely to jeopardize to genetic changes due to drift. to ‘‘reduce the number or restrict the the continued existence of a threatened However, drift may also cause genetic range of a rare or endangered plant or or endangered species . . . or which is changes with populations that animal.’’ Species that are eligible for likely to destroy or modify the critical occasionally fluctuate to small sizes listing as rare, threatened, or habitat of such species’ (61 FR 65880), (e.g., undergo population bottlenecks). endangered but are not so listed are the after-the-fact nature of the reporting Increased homozygosity resulting from given the same protection as those requirement is inadequate to ensure the genetic drift and inbreeding may lead to species that are officially listed by the protection of populations that occur in a loss of fitness (ability of individuals to State or Federal governments. Once areas smaller than the 0.13 ha (0.3 ac) survive and reproduce) in small significant effects are identified, the threshold. For Brodiaea pallida and populations. In addition, reduced lead agency has the option of requiring Verbena californica, the reporting genetic variation in small populations mitigation for effects through changes in requirement may be inadequate to may make any species less able to the project or deciding that overriding prevent significant destruction of many successfully adapt to future considerations make mitigation individual plants and associated environmental changes (Ellstrand and infeasible. In the latter case, projects habitats. Elam 1993). that cause significant environmental Environmental events that may put damage, such as destruction of E. Other Natural or Manmade Factors small populations at risk include endangered species, may be approved. Affecting its Continued Existence random or unpredictable fluctuations in Protection of listed species through Although the public lands in the Red the physical environment such as fire or CEQA is therefore dependant upon the Hills are closed to OHV use, a public flooding (Shaffer 1981, 1987; Primack discretion of the agency involved. In loop road was constructed through the 1993; Meffe and Carroll 1994). Human- Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations 49031 related activities, such as trash dumping alternatives to this action, but based on critical habitat may also provide benefit or toxic chemical spills, may be the foregoing evaluation, the Service to a species by informing the general considered random environmental finds that all four species meet the public about the species, and by events potentially leading to the definition of a threatened species identifying areas critical to species for extirpation of small populations. Thus, throughout all or a significant portion of purposes of recovery planning. Critical all four species are threatened by their range. habitat designation may also provide information to Federal agencies in the potential loss of fitness and/or genetic Critical Habitat variability as well as by demographic instances when they may have to and environmental events associated Critical habitat is defined in section 3 consult with the Service pursuant to with small population sizes. The of the Act as—(i) the specific areas section 7. within the geographical area occupied combination of few populations, small Brodiaea pallida range, and/or restricted habitat makes by a species, at the time it is listed in all four species highly susceptible to accordance with section 4 of the Act, on Brodiaea pallida occurs in a single extinction or extirpation from a which are found those physical or location on private land (CNDDB 1997). significant portion of their ranges due to biological features (I) essential to the The local County government, present random events, such as flood, drought, conservation of the species and (II) that landowner and adjacent landowners are disease, or other occurrences (Shaffer may require special management aware of B. pallida and its location. The 1981, 1987, Meffe and Carroll 1994). consideration or protection and; (ii) California Commission of Fish and Such events are not usually a concern specific areas outside the geographical Game held a public hearing regarding until the number of populations or area occupied by a species at the time the proposal to list B. pallida as an geographic distributions become it is listed, upon determination that endangered species and later designated severely limited, as is the case with the such areas are essential for the B. pallida an endangered species four species discussed here. Once the conservation of the species. pursuant to CESA in 1978. In 1985, the number of populations or the plant ‘‘Conservation’’’ means the use of all CDFG offered an acquisition proposal to population sizes are reduced, the methods and procedures needed to the landowners to obtain ownership of remnant populations, or portions of bring the species to the point at which the occupied habitat of B. pallida but populations, have a higher probability listing under the Act is no longer the landowners were not willing to sell of extinction from random events. necessary. to CDFG. Additionally, owing to the Section 4(a)(3) of the Act, as Services’ extensive efforts of public The Service has carefully assessed the amended, and implementing regulations outreach prior to, during, and after the best scientific and commercial (50 CFR 424.12) require that, to the public hearing to list B. pallida, information available regarding the past, maximum extent prudent and additional public recognition and present, and future threats faced by determinable, the Secretary designate awareness would not result from these taxa in determining to make this critical habitat at the time the species is designation of critical habitat. The small final rule. Urban development has listed. Service regulations (50 CFR amount of potential habitat has been reduced the range of Brodiaea pallida 424.12(a)(1)) state that designation of surveyed, but no other B. pallida sites and continues to threaten the species. critical habitat is not prudent when one have ever been identified (B. Rogers, in Inadequate regulatory mechanisms, the or both of the following situations litt. 1997). No historic locations are existence of only one population, and exist—(1) The species is threatened by known (CNDDB 1997). The Service does the small range of the species also taking or other human activity, and not envision any benefits from threaten the existence of the species. identification of critical habitat can be designating critical habitat for B. pallida Urbanization, small size of populations expected to increase the degree of threat which is only on private lands. and small number of populations to the species, or (2) such designation of Although a Federal nexus for B. pallida threaten Calyptridium puchellum critical habitat would not be beneficial may exist through the Clean Water Act throughout all or a significant portion of to the species. Service regulations also because the species occurs in overflow its range. Urbanization, roadway state that critical habitat is not channels, seeps and springs, the maintenance activities, inadequate determinable when one or both of the designation of critical habitat for this regulatory mechanisms, the small range following situations exist—(i) species would provide little or no of the species, and heavy livestock information sufficient to perform benefit to the protection of this species grazing threaten Clarkia springvillensis required analysis of the impacts is beyond that provided by listing and any throughout all or a significant portion of lacking, or (ii) the biological needs of consultation that may occur in its range. Urbanization, OHV use, the species are not sufficiently well accordance with section 7 of the ESA. recreational placer gold mining, heavy known to permit identification of an Because the area of occupied habitat is livestock grazing and trampling, trash area of (50 CFR 424.12(a)(2)). If the very small (i.e., an area 3 to 6 m (10 to dumping, inadequate regulatory Service finds that it is not determinable, 20 ft) wide and 0.8 km (0.5 mi) long), mechanisms, and random extirpation the Service may extend up to one year any adverse modification of the from small size and number of the designation of critical habitat. occupied habitat would likely populations threaten Verbena The designation of critical habitat jeopardize the continued existence of B. californica throughout all or a may benefit listed plant species when pallida. Critical habitat will not assist significant portion of its range. The Act actions affecting the species are likely to the Service or the general public in the defines a threatened species as a species involve a Federal agency. Federal recovery planning efforts because most which is likely to become an involvement is most likely on two interested parties are well informed endangered species within the situations—(1) where the species occurs about the range and distribution of B. foreseeable future throughout all or a on Federal lands and (2) when a Federal pallida. Furthermore, the species significant portion of its range. An agency is involved in authorizing or experts that will be invited to assist the endangered species is any species funding actions on non-Federal lands Service in developing a recovery plan which is in danger of extinction (for example, through section 404 of the for B. pallida will not be aided by the throughout all or a significant portion of Clean Water Act or actions involving Service designating critical habitat. its range. The Service considered other Federal funding). The designation of Because no benefits are to be found, the 49032 Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations

Service finds that it is not prudent to is on BLM lands. The remainder are on springvillensis. Critical habitat will not designate critical habitat for B. pallida. non-Federal lands, including private, assist the Service or the general public County, and State lands. Owing to the in the recovery planning efforts because Calyptridium pulchellum Services’ extensive efforts of public interested parties are well informed Calyptridium pulchellum is found in outreach prior to, during, and after the about the range and distribution of C. seven occurrences; six of these are on public hearing to list C. springvillensis, springvillensis. Furthermore, the species private lands and one is on the Sierra additional public recognition and experts that will be invited to assist the National Forest. No other sites awareness would not result from the Service in developing a recovery plan containing C. pulchellum have been designation of critical habitat. The only for C. springvillensis will not be aided identified, and no historic locations are other known C. springvillensis by the Service designating critical known (CNDDB 1997). Given that population was extirpated by mobile habitat. Therefore, because there is no targeted searches for potential habitat home development in 1983; the species benefit in designating critical habitat, have been conducted, little likelihood has not been relocated at the site the Service finds that it is not prudent exists of finding unknown populations because the habitat for the species is no to designate critical habitat for C. within the range of the species. Owing longer present (CNDDB 1997). On springvillensis. to the Services’ extensive efforts of Federal lands, modification of occupied Verbena californica public outreach prior to, during, and habitat is unlikely to occur without after the public hearing to list C. consultation under section 7 of the Act Verbena californica occurs in nine pulchellum, additional public because the presence of C. locations. Four of the locations are recognition and awareness would not springvillensis, and its specific wholly on BLM lands, and two are result from the designation of critical locations, are well known to the partially on BLM lands. Owing to the habitat. managers of the Sierra National Forest Services’ extensive efforts of public Moreover, there would be no benefit (Dale Pengilly, District Ranger, Sierra outreach prior to, during, and after the from the designation of critical habitat National Forest, in litt. 1996) and to the public hearing to list V. californica, for the six locations on private land managers of the BLM lands where the additional public recognition and because C. pulchellum does not occur in species occurs (Susan Carter, BLM, in awareness would not result from the wetlands regulated under the Clean litt. 1995). The Sierra National Forest Water Act and no other Federal actions designation of critical habitat. has written a species management guide or authorizations are likely to occur in Additionally, as a part of the outreach for populations of C. springvillensis that its habitat. Even if a Federal nexus were prior to the State of California Fish and occur on Federal lands. Likewise, the identified, because of the small number Game Commission (SCFGC) listing V. Bakersfield BLM office is aware of the and size of the C. pulchellum californica as threatened, the CDFG occurrences, any activity that would single population of C. springvillensis notified private landowners who had destroy or modify the habitat of the which occurs on Federal land populations of V. californica in 1992. species would also likely jeopardize its administered by that agency. On March Furthermore, the SCFGC held a public continued existence. Four of the seven 31, 1997, the Service completed formal hearing to take testimony regarding the populations of C. pulchellum are from 1 consultation and formal conference and proposed designation. As a consequence to 5 sq. m (11 to 53 sq ft) in area and issued a 79-page biological opinion on of the State hearing, the CDFG was two are 0.05 ha (0.125 ac) in area and the Caliente Resource Area Management directed to conduct additional public any disturbances associated with the Plan (CRMP). The CRMP covered many outreach with landowners within occupied habitat of any of the six current and proposed land use actions, Tuolumne County. The Tuolumne populations are likely to preclude the including those in Tulare County, County Planning Department has recovery of the species. The Service which may affect C. springvillensis. detailed maps showing the southwest envisions no benefits to the species will C. springvillensis does not occur in trending stream channels and the accrue through the section 7 wetlands regulated under the Clean distribution of V. californica. Despite consultation process by virtue of Water Act and no other Federal actions the public education and awareness designating critical habitat. The single are likely to occur in its habitat on those program for V. californica ongoing since population occupying less than 0.4 ha (1 sites located on non-Federal lands. 1992, destruction of parts of one ac) on U.S. Forest Service land has been Designation of critical habitat on population occurred in 1997. fenced to protect it from cattle trampling Federal lands would provide no benefit Although six of nine known locations and grazing (CNDDB 1997). Critical to the species beyond listing because are entirely or partially on BLM lands, habitat will not assist the Service or the any action which would destroy or BLM lands contain only 15 percent of V. general public in the recovery planning adversely modify the habitat of the californica plants. On Federal lands, no efforts because most all interested remaining populations of this species modification of occupied habitat is parties are well informed about the would also likely jeopardize its likely to occur without consultation range and distribution of C. pulchellum. continued existence. This is especially under section 7 of the Act because the Furthermore, the species experts that the case with such an edaphically presence of V. californica, and its will be invited to assist the Service in (pertaining to soil) and narrowly specific locations are well known to the developing a recovery plan for C. restricted species as C. springvillensis managers of these BLM lands (A. Knox, pulchellum will not be aided by the because four populations have less than pers. comm., 1997a). BLM installed, but Service designating critical habitat. 300 plants and four others have less has not maintained, fencing to exclude Therefore, the Service finds that it is not than 1,000 plants. Common actions such cattle from riparian areas in the prudent to designate for C. pulchellum as logging, road building, and home Andrews Creek drainage that support V. due to lack of benefit. construction would easily destroy californica (Franklin 1996; Al Franklin, populations of C. springvillensis and BLM, pers. comm., 1997). Eighty-five Clarkia springvillensis any adverse modification of C. percent of V. californica plants are on Clarkia springvillensis is found in 15 springvillensis habitat would reduce private lands. Despite repeated searches occurrences. Eight of these occurrences appreciably the likelihood of the for additional locations of V. californica, are on U.S. Forest Service lands and one survival and recovery of C. no other sites containing V. californica Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations 49033 have been identified, and no historic Available Conservation Measures the four plants occur on Federal lands. locations are known (CNDDB 1997). Conservation measures provided to Approximately half the occurrences of On private lands, a Federal nexus for species listed as threatened under the Clarkia springvillensis and one Verbena californica may occur through Act include recognition, recovery population of Calyptridium pulchellum the Clean Water Act because the species actions, requirements for Federal occur on lands managed by the U.S. Forest Service. One population of is found in a small series of southwest protection, and prohibitions against Clarkia springvillensis occurs on lands trending intermittent and perennial certain activities. Recognition through managed by the BLM. Approximately serpentintic stream channels within listing encourages and results in two-thirds of the occurrences three small watersheds. Although a conservation actions by Federal, State, and private agencies, groups, and (representing 15 percent of the plants) of Federal nexus for V. californica may Verbena californica occur on lands individuals. The Act provides for exist through the Clean Water Act, the managed by the BLM. These agencies possible land acquisition and designation of critical habitat for V. would be required to consult with the cooperation with the State and requires californica would provide little or no Service if any activities authorized, that recovery actions be carried out for benefit to the protection of this species funded, or carried out by these two all listed species. The protection beyond that provided by listing and any agencies may affect these species. For required of Federal agencies and the consultation that may occur in example, consultations with the BLM prohibitions against certain activities accordance with section 7 of the Act. and U.S. Forest Service may be required involving listed plants are discussed, in on road maintenance, livestock grazing Designation of critical habitat for V. part, below. authorizations, and right-of-way californica would provide little benefit Section 7(a) of the Act, as amended, authorizations for projects that include to the species beyond listing because requires Federal agencies to evaluate adjacent or intermixed private land. any action which would destroy or their actions with respect to any species adversely modify the habitat of the Other Federal agencies that may that is proposed or listed as endangered become involved as a result of this rule remaining populations of this species or threatened and with respect to its would also likely jeopardize its include the Federal Highways critical habitat, if any is being Administration and the Corps. Because continued existence. The rationale for designated. Regulations implementing this overlap is found in the basis of the at least two of these plants exist in or this interagency cooperation provision near seeps, springs, stream beds, edaphic restriction to serpentine of the Act are codified at 50 CFR part perennial streams or drainages, the substrates, the small size of some 402. Section 7(a)(1) requires Federal Corps may become involved through populations, and the small number of agencies to use their authorities to jurisdiction of section 404 of the Clean plants in many of the populations. further the purposes of the Act by Water Act. In addition, when the Verbena californica has four carrying out programs for listed species. Service issues permits for habitat populations that contain fewer than 250 Section 7(a)(2) requires Federal agencies conservation plans (HCPs) prepared by individual plants covering an estimated to ensure that activities they authorize, non-Federal parties, the Service must 1.4 ha (4 ac). Any common actions such fund, or carry out are not likely to prepare an intra-Service section 7 as construction of dikes, detention jeopardize the continued existence of biological opinion on the issuance of the dams, stream crossings, or bridges could such a species or to destroy or adversely 10(a) permit. very easily and completely destroy any modify its critical habitat. If a Federal The Act and its implementing of these smaller populations of V. action may affect a listed species or its regulations set forth a series of general californica. Likewise, any adverse critical habitat, the responsible Federal prohibitions and exceptions that apply modification of V. californica habitat agency must enter into formal to all threatened plants. All prohibitions would seriously and easily reduce the consultation with the Service. of section 9(a)(2) of the Act, likelihood of survival and recovery of V. Listing these four plants would implemented by 50 CFR 17.71 for californica. The Service finds that the provide for development of a recovery threatened plants, apply. These designation of critical habitat for V. plan (or plans) for them. Such plans prohibitions, in part, make it illegal for californica is not prudent due to lack of would bring together both State and any person subject to the jurisdiction of benefit. Federal efforts for conservation of the the United States to import or export plants. The plans would establish a For the reasons discussed above, the any of the plants, transport them in framework for agencies, local interstate or foreign commerce in the Service finds that the designation of government, and private interests to course of a commercial activity; sell or critical habitat for the four plants in this coordinate activities and cooperate with offer them for sale in interstate or final rule is not prudent due to lack of each other in conservation efforts. The foreign commerce; or remove and benefit. Protection of the habitat of these plans would set recovery priorities and reduce any of the plants to possession, species will be addressed through the estimate costs of various tasks necessary or maliciously damage or destroy section 4 recovery process and the to accomplish them. It also would threatened plants from areas under section 7 consultation process. The describe site-specific management Federal jurisdiction. Seeds from Service believes that Federal actions necessary to achieve cultivated specimens of threatened involvement in the areas where these conservation and survival of these four plant taxa are exempt from these plants occur can be identified without plants. Additionally, pursuant to section prohibitions provided that a statement the designation of critical habitat 6 of the Act, the Service would be able ‘‘Of Cultivated Origin’’ appears on the because the resource staffs of the BLM, to grant funds to affected States for shipping containers. Certain exceptions Bureau of Reclamation, and national management actions promoting the to the prohibitions apply to agents of the forests already have working knowledge protection and recovery of these species. Service and State conservation agencies. of the locations of occupied habitats of Federal activities potentially affecting It is the policy of the Service (59 FR the species and have undertaken one or more of the four plants include 34272) to identify to the maximum targeted inventories of potential habitat mining, grazing authorizations, and extent practicable at the time a species since the publication of the proposed issuance of special use permits and is listed those activities that would or rule. rights-of-ways. Populations of three of would not constitute a violation of 49034 Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations section 9 of the Act. The intent of this obtaining an appropriate permit. Paperwork Reduction Act policy is to increase public awareness of Permits to conduct activities are This rule does not contain any the effect of the listing on proposed and available for purposes of scientific information collection requirements for ongoing activities within a species’ research and enhancement of which the Office of Management and range. Two of the four species in this propagation or survival of the species. Budget (OMB) approval under the rule are known to occur on U.S. Forest Questions regarding whether specific Paperwork Reduction Act, 44 U.S.C. Service lands, and two are known to activities will constitute a violation of 3501 et seq. is required. An information occur on BLM lands. The Service section 9 should be directed to the Field collection related to the rule pertaining believes that, based upon the best Supervisor of the Service’s Sacramento to permits for endangered and available information, the following Fish and Wildlife Office (see ADDRESSES threatened species has OMB approval actions will not result in a violation of section). and is assigned clearance number 1018– section 9, provided these activities are Intentional collection, damage, or 0094. This rule does not alter that carried out in accordance with existing destruction on non-Federal lands may information collection requirement. For regulations and permit requirements: be a violation of State law or regulations additional information concerning (1) Activities authorized, funded, or or in violation of State criminal trespass carried out by Federal agencies (e.g., permits and associated requirements for law and therefore a violation of section threatened species, see 50 CFR 17.32. grazing management, agricultural 9. The Act and 50 CFR 17.62, 17.63, and conversions, wetland and riparian 17.72 provide for the issuance of References Cited habitat modification, flood and erosion permits to carry out otherwise A complete list of all references cited control, residential development, prohibited activities involving is available upon request from the recreational trail development, road endangered or threatened plant species Sacramento Fish and Wildlife Office construction, hazardous material under certain circumstances. Such (see ADDRESSES section). containment and cleanup activities, permits are available for scientific Authors. The authors of this final rule prescribed burns, pesticide/herbicide purposes and to enhance the application, pipelines or utility line are Maria Boroja, Diane Elam, Ken propagation or survival of the species. Fuller, and Dwight Harvey, Sacramento crossing suitable habitat,) when such For threatened plants, permits are also activity is conducted in accordance with Fish and Wildlife Office (see ADDRESSES available for botanical or horticultural section); telephone (916) 979–2125. any reasonable and prudent measures exhibition, educational purposes, or given by the Service according to special purposes consistent with the List of Subjects in 50 CFR Part 17 section 7 of the Act; purposes of the Act. The Service (2) Casual, dispersed human activities Endangered and threatened species, anticipates that few permits would ever Exports, Imports, Reporting and on foot or horseback (e.g., bird be sought or issued for the four species watching, sightseeing, photography, recordkeeping requirements, because they are typically not sought for Transportation. camping, hiking); cultivation and are uncommon in the (3) Activities on private lands that do wild. Requests for copies of the Regulation Promulgation not require Federal authorization and do regulations on listed plants and not involve Federal funding, such as Accordingly, the Service amends part inquiries regarding them may be grazing management, agricultural 17, subchapter B of chapter I, Title 50 addressed to U.S. Fish and Wildlife conversions, flood and erosion control, of the Code of Federal Regulations, as Service, Ecological Services, residential development, road set forth below: Endangered Species Permits, 911 NE construction, and pesticide/herbicide 11th Avenue, Portland, Oregon 97232– PART 17Ð[AMENDED] application; (4) Residential landscape 4181; telephone 503/231–2063 or FAX 503/231–6243). 1. The authority citation for Part 17 maintenance, including the clearing of continues to read as follows: vegetation around one’s personal National Environmental Policy Act residence as a fire break. Authority: 16 U.S.C. 1361–1407; 16 U.S.C. The Service believes that the The Fish and Wildlife Service has 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500, unless otherwise noted. following might potentially result in a determined that an Environmental violation of section 9; however, possible Assessment, as defined under the 2. Amend § 17.12(h) by adding the violations are not limited to these authority of the National Environmental following, in alphabetical order under actions alone: Policy Act of 1969, need not be FLOWERING PLANTS, to the List of (1) Unauthorized collecting of the prepared in connection with regulations Endangered and Threatened Plants to species on Federal lands; adopted pursuant to Section 4(a) of the read as follows: (2) Application of herbicides violating Act. A notice outlining the Service’s label restrictions; reasons for this determination was § 17.12 Endangered and threatened plants. (3) Interstate or foreign commerce and published in the Federal Register on * * * * * import/export without previously October 25, 1983 (48 FR 49244). (h) * * *

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

******* FLOWERING PLANTS

******* Brodiaea pallida ...... Chinese Camp brodiaea U.S.A. (CA) ...... LiliaceaeÐLily ...... T 643 NA Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations 49035

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

******* Clarkia springvillensis .... Springville clarkia ...... U.S.A. (CA) ...... OnagraceaeÐEvening T 643 NA primrose.

******* Calyptridium pulchellum Mariposa pussypaws .... U.S.A. (CA) ...... Portulacaceae-Purslane T 643 NA

******* Verbena californica ...... Red Hills vervain ...... U.S.A. (CA) ...... Verbenaceae-Vervain ... T 643 NA

*******

Dated: September 1, 1998. ADDRESSES: Colleen Coogan, NMFS, the workshop proceedings (63 FR Jamie Rappaport Clark, Southeast Region, Protected Resources 19468). This final rule contains a brief Director, Fish and Wildlife Service. Division, 9721 Executive Center Drive, description of those workshop [FR Doc. 98–24500 Filed 9–11–98; 8:45 am] St. Petersburg, FL 33702–2432; Angela proceedings, and updates the research BILLING CODE 4310±55±P Somma, NMFS, Office of Protected findings and analysis since NMFS’ 1993 Resources, 1315 East-West Highway, proposal. Silver Spring, MD 20910. Updated Status Report FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE The biology of Johnson’s seagrass is Colleen Coogan, Southeast Region, discussed in the proposed rule to list NMFS, (727) 570–5312, or Angela National Oceanic and Atmospheric the species as threatened (58 FR 48326, Somma, Office of Protected Resources, Administration September 15, 1993). The proposed rule NMFS, (301) 713–1401. includes information on the status of the 50 CFR Part 227 SUPPLEMENTARY INFORMATION: species, its life history characteristics, [Docket No. 980811214±8214±01; I.D. Background and habitat requirements. Johnson’s 052493B] seagrass is one of twelve species of the NMFS published a proposed rule to genus Halophila. Halophila species are Endangered and Threatened Species; list Johnson’s seagrass as a threatened distinguished morphologically from Threatened Status for Johnson's species on September 15, 1993 (58 FR other seagrasses in their possession of Seagrass 48326). Designation of critical habitat either a pair of stalked leaves without was proposed on August 4, 1994 (59 FR scales or a pseudo whorl of leaves. AGENCY: National Marine Fisheries 39716). A public hearing on both the Identifying characteristics of H. Service (NMFS), National Oceanic and proposed listing and critical habitat johnsonii include smooth foliage leaves Atmospheric Administration (NOAA), designation was held in Vero Beach, in pairs 10–20 mm long, a creeping Commerce. Florida, on September 20, 1994. NMFS rhizome stem, sessile (attached to their ACTION: Final rule. reopened the comment period for the bases) flowers, and longnecked fruits. proposed listing on April 20, 1998 (63 Most Halophila species are reduced in SUMMARY: NMFS is issuing a final rule FR 19468). size, more shallow rooted, and have two determining Johnson’s seagrass The information forming the basis for to three orders of magnitude less (Halophila johnsonii) to be a threatened NMFS’ 1993 proposal has been peer biomass per unit area compared to all species pursuant to the Endangered reviewed, and new information other seagrasses. The most outstanding Species Act (ESA) of 1973, as amended, confirms NMFS’ conclusions regarding difference between H. johnsonii and which means it is likely to become an the threatened status of Johnson’s other species is its distinct differences endangered species within the seagrass. As stated in the notice in sexual reproductive characteristics. foreseeable future throughout all or a reopening the comment period, the While H. decipiens is monoecious (has significant portion of its range. additional information supplements both female and male flowers on the Johnson’s seagrass is rare and exhibits available data on the status and same plant) and successfully reproduces one of the most limited geographic distribution of Johnson’s seagrass. In and propagates by seed, H. johnsonii is distributions of any seagrass. Within its order to update the original status report dioecious (has flowers of a single sex on limited range (lagoons on the east coast (Kenworthy, 1993) and to include the same plant). However, the male of Florida from Sebastian Inlet to central information from new field and flower has never been described either Biscayne Bay), it is one of the least laboratory research on species in the field or in laboratory culture. The abundant species. Because of its limited distribution, ecology, genetics and absence of male flowers supports the reproductive capacity (apparently only phylogeny, NMFS convened a workshop hypothesis that sexual reproduction is asexual) and limited energy storage on the biology, distribution, and absent in this species, and propagation capacity (small root-rhizome structure abundance of H. johnsonii. The results must be exclusively vegetative. After and high biomass turnover), it is less of this workshop, held in St. Petersburg, periods of unfavorable environmental likely to be able to repopulate an area Florida, in November 1996, were conditions of growth and vegetative when lost due to anthropogenic or summarized in the workshop branching, the regrowth and natural disturbances. NMFS will soon proceedings (Kenworthy, 1997) reestablishment of surviving issue protective regulations under submitted to NMFS on October 15, populations of Johnson’s seagrass would section 4(d) of the ESA for this species. 1997. The notice reopening the be significantly more difficult than for DATES: Effective October 14, 1998. comment period contains a summary of species with a sexual life history.