Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Proposed Rules 49065 other six taxa included in the not substantive evidence that these and the length and shape of perianth proposed rule with A. johnstonii are threats are sufficiently widespread to segments (sepals and petals). discussed in a separate Federal Register pose a significant threat. Some of these Allium tuolumnense is an erect, final rule published concurrently with are vulnerable to extirpation from herbaceous perennial of the lily family this withdrawal. random events due to their small () that grows from underground population size, small numbers of References Cited bulbs. This species has fleshy, green populations, and/or small range but this A list of all references cited herein is entire leaves that reach a height of 25 to vulnerability, in and of itself, is not 50 centimeters (cm) (10 to 20 inches available upon request from the U.S. sufficient justification to warrant their Fish and Wildlife Service Carlsbad Fish (in)). The loose, 20 to 60 flowered, listing. Therefore, the Service finds that white- or pink-flushed inflorescence and Wildlife Office (see ADDRESSES the six plant species are not threatened section). appears in late March to early May. with extinction throughout all or a Allium tuolumnense differs from A. Author: The primary author of this significant portion of their ranges in the sanbornii and A. jepsonii in its entire, withdrawal notice is Gary Wallace, foreseeable future and do not meet the spreading perianth segments, fringed Carlsbad Field Office (see ADDRESSES definition of threatened or endangered ovarian bumps (processes), and early section). species. blooming period that does not overlap Authority DATES: This withdrawal is made on with any other Allium species within its September 14, 1998. The authority for this action is section range. Although this plant can ADDRESSES: The complete file for this 4(b)(6)(B)(ii) of the Endangered Species reproduce from seed, A. tuolumnense rule is available for public inspection, Act of 1973, as amended (16 U.S.C. 1531 tends to reproduce asexually from its by appointment, during normal business et seq.). underground bulb, forming small hours at the Sacramento Fish and colonies of usually fewer than 100 Dated: September 1, 1998. Wildlife Office, U.S. Fish and Wildlife plants per colony (BioSystems Analysis Jamie Rappaport Clark, Service, 3310 El Camino Avenue, Suite 1984). Allium tuolumnense is a highly Director, U.S. Fish and Wildlife Service. 130, Sacramento, 95821– restricted endemic that grows only on [FR Doc. 98–24503 Filed 9–11–98; 8:45 am] 6340. serpentine soils in the foothills of the BILLING CODE 4310±55±P FOR FURTHER INFORMATION CONTACT: Sierra Nevada Mountains in Diane Elam, Kenneth Fuller, or Dwight southwestern Tuolumne County Harvey at the above address or by between 400 and 600 meters (m) (1,310 DEPARTMENT OF THE INTERIOR telephone (916) 979–2120. to 1,970 feet (ft)) in elevation. Allium SUPPLEMENTARY INFORMATION: Fish and Wildlife Service tuolumnense is known from four Background localities— Table Mountain, Quartz 50 CFR Part 17 Mountain, the Red Hills, and the On October 4, 1994, the U.S. Fish and Moccasin area. The entire range of the RIN 1018±AC99 Wildlife Service (Service) published in species comprises a 342 square the Federal Register (59 FR 50540) a kilometer (sq km) (132 square mile (sq Endangered and Threatened Wildlife proposal to list as endangered or and Plants; Withdrawal of Proposed mi)) area. Occupied habitat within the threatened 10 plant species from the range of the species is estimated to be Listing of Two Plants as Endangered, foothills of the Sierra Nevada Mountains and Four Plants as Threatened From approximately 388 hectares (ha) (960 in California. Included among these 10 acres (ac)) (California Natural Diversity the Foothills of the Sierra Nevada taxa were the six subject taxa of this Mountains in California Database (CNDDB) 1997). notice, Allium tuolumnense (Rawhide Approximately 25 percent of A. AGENCY: Fish and Wildlife Service, Hill onion), Carpenteria californica tuolumnense occupied habitat is found (carpenteria), striata Interior. on private lands and 75 percent on (Greenhorn adobe lily), citrinus ACTION: Proposed rule; withdrawal. lands administered by the Bureau of var. deflexus (Mariposa lupine), Land Management (BLM). At the time of SUMMARY: The U.S. Fish and Wildlife Mimulus shevockii (Kelso Creek the proposed rule, populations of A. Service (Service) withdraws the monkeyflower), and setiloba tuolumnense were thought to be proposal to list Lupinus citrinus var. (Piute Mountains navarretia). The variously threatened by placer mining, deflexus (Mariposa lupine) and remaining four taxa, Brodiaea pallida urbanization, and potentially by Mimulus shevockii (Kelso Creek (Chinese Camp brodiaea), Calyptridium overgrazing. monkeyflower) as endangered species, pulchellum (Mariposa pussypaws), and Allium tuolumnense (Rawhide Hill Clarkia springvillensis (Springville John C. Fremont collected Carpenteria onion), Carpenteria californica clarkia), and Verbena californica (Red californica from an area in the Kings (carpenteria), Fritillaria striata Hills vervain), are addressed separately River watershed on his third expedition (Greenhorn adobe lily), and Navarretia in a final rule published concurrently to California in 1846. John Torrey (1852) setiloba (Piute Mountains navarretia) as with this notice. first described C. californica from threatened species under the Allium tuolumnense was first specimens sent to him by John Fremont. Endangered Species Act of 1973, as recognized as distinct by Marion The species is the only member of the amended (Act). The Service finds that Ownbey (Munz and Keck 1959), who genus Carpenteria, one of California’s available information does not support referred to it as Allium sanbornii var. many endemic genera that are relicts the listing of these species as tuolumnense, although the first valid without close relatives. The genus endangered or threatened. While current published description of the plant was probably had a wider range in early and future urbanization, off-highway by Hamilton P. Traub (1972). Stella Tertiary time (Barbour and Major 1988). vehicle (OHV) use, agricultural land Dension and Dale McNeal (1989) An estimated one-third of the total conversion, potential overgrazing, and/ revised the A. sanbornii qcomplex and distribution of species has been lost to or trampling variously threaten some elevated the variety to a species based habitat loss and/or alteration since the populations of these six taxa, there is upon the position of and styles species was discovered in the 1840’s 49066 Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Proposed Rules

(California Department Fish and Game Nature Conservancy (TNC). At the time F. striata was thought to be variously (CDFG) 1989). Although land and road of the proposed rule, C. californica was threatened by urbanization, agricultural development appear to have been major thought to be variously threatened by land conversion, road widening, causes of past habitat losses and urbanization, fire management, emergency road maintenance, fragmentation, pending development overgrazing and/or trampling by cattle, inadequate State regulatory proposals are insufficient to pose a and inadequate State regulatory mechanisms, livestock use, competition substantial threat of further losses and mechanisms, and to be potentially from non-native grasses, and OHV use. degradation of occupied habitat. threatened by illegal dumping, highway Joseph Congdon (1904) described Carpenteria californica belongs to the construction, maintenance of road Lupinus deflexus from specimens that mock orange family (Philadelphaceae). rights-of-way activities, and competition he collected near Mariposa Creek in The species is an erect to spreading from native brush species. Mariposa County in 1903. Willis Jepson evergreen shrub, growing to 1 to 2 m (3 Alice Eastwood (1931) described (1936) revised the treatment of this to 6.5 ft) in height. Some individuals Fritillaria striata from specimens species and reduced the plant to varietal grow to 4 m (13 ft) tall. Plants have collected by Roy Weston on the status, Lupinus citrinus var. deflexus. glossy green, opposing leaves, and Rattlesnake Grade in the Greenhorn Lupinus citrinus var. deflexus is an smooth pale bark that peels in large Mountains of Kern County. Fritillaria is erect, diffusely-branched annual herb sheets in the late summer. Terminal, a genus of slender, herbaceous, bulb- belonging to the pea family (). white, showy flowers appear in May or forming perennials in the lily family The 3 to 5 decimeter (dm) (12 to 20 in) June and last through July at higher (Liliaceae). An unbranched stem grows high plants are short, hairy to hairless, elevations. Carpenteria californica 5 to 10 cm (2 to 4 in) above the surface and have palmately compound leaves requires fire for seed germination and of the ground from an underground that are 15 to 25 mm (0.5 to 1.0 in) long. reduction of competition, and rest from bulb. The underground, spherical bulb The six to nine leaflets are about one- grazing for three years after germination is found 20 to 35 cm (8 to 13 in) deep third as wide as they are long and are to facilitate longterm survival. underground and is 15 to 20 millimeters linear or spatulate in shape with Carpenteria californica is found along (mm) (0.6 to 0.8 in) in diameter. The rounded or obtuse tips. White flowers drainages and mesic areas on mostly predominantly basal, alternate to that may have pink or lavender tips granitic soils from 460 to 1,220 m (1,500 opposite leaves are oblong to lance- appear from April through May. to 4,000 ft) within the chaparral and shaped, 1 to 2 cm (0.4 to 0.8 in) wide Lupinus citrinus var. deflexus grows woodland communities of the western and 6 to 10 cm (2 to 4 in) long. The on decomposed granitic sands on foothills of the Sierra Nevada Mountains upper leaves are narrower and undulate. ridgetops and hillsides in openings in primarily in eastern Fresno County. A One to four fragrant, bell-shaped flowers the foothill woodlands from 475 to 580 newly discovered occurrence of about appear from February through April. m (1,400 to 1,900 ft) in elevation. The 40 individuals was found in 1997 in Fritillaria striata differs from the related six occurrences of this plant occur on Madera County just to the north of F. pluriflora (adobe lily), which occurs private lands in Mariposa County over Fresno County (Joanna Clines et al., in the northern Sacramento Valley a 40 sq km (15 sq mi) area. Two of the United States Forest Service, Sierra foothills, in the shape, size, and coloring six occurrences grow with Calyptridium National Forest, in litt. 1997). of the flowers, the conspicuous pulchellum, a species the Service is At the time of the proposed rule, nectaries, and the converging stigmas listing as threatened in the final rule Carpenteria californica was known from (Stebbins 1989, Eastwood 1931). being published concurrently with this six occurrences distributed over a 583 Fritillaria striata is found on heavy, withdrawal. At the time of the proposed sq km (225 sq mi) area in Fresno usually red, clay soils in the annual rule, L. c. var. deflexus was thought to County. One of these occurrences is on grasslands and in the blue oak (Quercus be threatened by urbanization, private land, four are on lands dougaslii) woodlands of the inadequate State regulatory administered by the U.S. Forest Service, southeastern and mechanisms, and potentially by Sierra National Forest, and one is on western Sierra Nevada foothills and the overgrazing. both private and Forest Service lands. northern foothills of the Tehachapi Lawrence Heckard and Rimo The Madera County population is on the Mountains. At the time the proposed Bacigalupi (1986) first described Sierra National Forest (J. Clines et al., in rule was published, 14 occurrences of F. Mimulus shevockii from specimens litt. 1997). The total number of striata were known in Kern County, and collected by James Shevock around the individual plants among these seven 3 occurrences were known from Tulare Kelso Creek area near the east base of occurrences is estimated to be 8,000 (J. County (CNDDB 1997). During the the Piute Mountains in Kern County. Clines, in litt. 1997), and the estimated fourth comment period for the proposed Mimulus shevockii is an erect, desert habitat area is approximately 7,117 ha rule, six additional occurrences of F. annual in the snapdragon family (17,587 ac) (CNDDB 1997). striata in Kern County were reported (Scrophulariaceae). This plant grows to Approximately 30 percent of C. (Dennis Mullins, Tejon Ranch, in litt. 1 dm (4 in) in height and has opposite, californica individuals occur on private 1997). Occurrences of F. striata are sessile, somewhat fleshy leaves along lands, and most of the remaining 70 scattered discontinuously over a 7,250 reddish stems. Asymmetric flowers percent occur on Federal lands (James sq km (2,800 sq mi) area; however, the appear from late March to May. The Boynton, Sierra National Forest, in litt. estimated occupied area of the corolla is two-lipped. The upper flower 1993). The Sierra National Forest has occurrences is less than 202 ha (500 ac) lip has two short, entire, lateral maroon- established a 101-ha (250-ac) (CNDDB 1997). The 23 occurrences purple lobes. The lower flower lip is Carpenteria Botanical Reserve to protect range in elevation from 300 to 1,430 m similar but larger in size and has an one part of an occurrence of this (1,000 to 4,800 ft). All occurrences occur additional large, partially divided species. Individual plants also occur on private land. Although no yellow lobe with red mottling. Mimulus within the Sierra National Forest’s occurrences are protected in public androsaceus (rockjasmine Backbone Natural Research Area. A ownership, F. striata appear to be monkeyflower) and M. fremontii portion of one occurrence of C. actively managed for the protection of (Fremont’s monkeyflower) grow with M. californica is protected on a 121-ha the plants at two locations (CNDDB shevockii and have some similar (300-ac) private preserve owned by The 1997). At the time of the proposed rule, vegetative features but differ in flower Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Proposed Rules 49067 color. Mimulus androsaceus has a red- on land administered by the BLM, and proposed listing of the species in this purple flower and M. fremontii has a five occurrences are found on private withdrawal notice, 28 people opposed rose-purple flower. lands (CNDDB 1997). At the time of the the proposed listing and provided 162 Mimulus shevockii occurs proposed rule, N. setiloba was thought comments, and 42 people provided 92 predominately in loamy, coarse sands to be threatened by urbanization and informational comments. Several on alluvial fans and deposits of granitic OHV use. commenters provided additional origin within the Joshua tree (Yucca information that, along with other Finding and Withdrawal brevifolia) or California juniper clarifications, has been incorporated (Juniperus californica) xeric woodlands The Service finds that the various into the ‘‘Background’’ or ‘‘Summary of in Kern County. Mimulus shevockii is threats to all or most of the populations Factors Affecting the Species’’ sections found within an elevational range of 975 within the ranges of Allium of this withdrawal. Opposing and to 1,250 m (3,200 to 4,100 ft). Seven of tuolumnense, Carpenteria californica, technical comments have been the eight known occurrences of M. Fritillaria striata, Lupinus citrinus var. organized into eight specific issues. shevockii are within a 31 sq km (12 sq deflexus, Mimulus shevockii, and These issues and the Service’s response mi) area, with the remaining occurrence Navarretia setiloba are insufficient to to each, are summarized below. 14 km (9 mi) to the northwest. Four warrant listing these species. occurrences of M. shevockii are found Issue 1—Sufficiency and Admissibility Summary of Comments and of Data on BLM land, one is on private land, Recommendations and three occur partially on BLM land Comment: Several commenters stated and partially on private land (CNDDB In the October 4, 1994, proposed rule that data used in the proposed rule to 1997). Approximately 400 occupied ha (59 FR 50540) and associated list these six plants in this withdrawal (990 ac) of M. shevockii occur on BLM notifications, all interested parties were notice were either incomplete, land, and approximately 408 occupied requested to submit factual reports or inaccurate, insufficient, erroneous, ha (1,000 ac) occur on private land information that might contribute to unsubstantiated, inadequate, (Susan Carter, BLM, pers. comm. development of a final rule. Appropriate unscientific, subjective, unsupported, or 1997a). Since the proposed rule was Federal agencies, State agencies, County based only on biased opinions in favor published, three new occurrences have and City governments, scientific of listing the species, or required been found (S. Carter, in litt. 1995a, organizations, and other interested additional research. 1995b; CNDDB 1997), and parties were contacted and requested to Service Response: Information used approximately 645 ha (1,600 ac) of provide comments. Newspaper notices by the Service in proposing to list and potential, unsurveyed habitat on BLM inviting public comment were withdraw the species was gathered from land have been identified (S. Carter, in published in the Bakersfield Californian a variety of sources, including Federal litt. 1996). At the time of the proposed and Porterville Recorder on October 10, and State agencies, local governments, rule, M. shevockii was thought to be 1994, and the Fresno Bee and Tuolumne and private individuals, including threatened by urbanization, OHV use, Union Democrat on October 25, 1994. species experts and scientists. and agricultural land conversion. The comment period closed on Information received during public Frederick Coville (1893) described December 5, 1994. comment periods, including peer Navarretia setiloba from plants that he As a result of receiving seven requests reviewer comments and comments collected from a ridge between Kernville for one or more public hearings, the made at public hearings, provide the and Havilah in Kern County. Navarretia Service reopened and extended the foundation for determining the setiloba is an erect annual plant in the comment period until February 13, 1995 withdrawal of the six taxa in this notice. phlox family (). The (59 FR 67268). The Service held All information received was carefully species grows 8 to 20 cm (3 to 8 in) tall informational meetings with interested evaluated in accordance with the and has a few branches. The linear, parties about the proposed rule in interagency policy on information pinnately-lobed leaves have rigid, Fresno on January 25, 1995, in Visalia standards under the Act, published on spinose lobes. The terminal lobe is on January 26, 1995, and in Bakersfield July 1, 1994 (59 FR 34271). Criteria for broadly lanceolate and often purplish. on January 27, 1995. On January 31, what information may be considered are The inflorescence is about 10 mm (0.4 1995, the Service conducted a public discussed in the ‘‘Summary of Factors in) long, has 20 to 30 purple flowers, hearing in Bakersfield. The Service Affecting the Species’’ section of this and appears from April through June. received three requests to postpone or rule. The flowers are subtended by spiny delay the hearing and three additional Comment: Several commenters stated bracts that are constricted in the middle. requests to extend the comment period that data were or may have been Navarretia setiloba is distinguished beyond February 13, 1995. Responding collected by trespass and questioned the from closely related species (sympatric to these requests, the Service extended legality and admissibility of the data congeners) in the same locations by the the comment period until June 4, 1995 under those circumstances. broad terminal lobe on each leaf and by (60 FR 8342). The Service reopened the Service Response: Among the its purple flowers. comment period on February 4, 1997 information sources used by the Service Navarretia setiloba grows on heavy, (62 FR 5199), and again on June 30, is information from Natural Diversity often red-colored, clay soils within blue 1997 (62 FR 35116), to update and Database (CNDDB), a part of the Natural oak (Quercus douglasii), foothill pine clarify information received during the Heritage Program of the California (Pinus sabbiniana), or juniper two prior comment periods. Department of Fish and Game (CDFG). (Juniperus californica) woodlands The Service received 314 comments The data are submitted to CNDDB on a between 300 and 960 m (1,000 to 3,200 (i.e., letters, phone calls, facsimiles, and standardized form and carefully ft). Six small occurrences of N. setiloba oral testimony) from 96 individuals or reviewed by the staff at CNDDB. are known from Kern County and are agency or group representatives However, the form does not ask if scattered over a 4,000 sq km (1,560 sq concerning the proposed rule to list the written or verbal permission was mi) area. The known occupied habitat of six species which are now part of the requested to access any lands, including N. setiloba is less than 6.5 ha (16 ac) withdrawal notice. Twenty-six people private lands. Many of the older (CNDDB 1997). One occurrence is found provided 60 comments supporting the observations may predate the more 49068 Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Proposed Rules recent heightened sensitivity of promote the needed sexual reproduction purposes of the Act. Nursery cultivation landowners to individuals searching for of Carpenteria californica by reducing and sales of C. californica do not rare plants on private lands. Neither the the competition of native brush species constitute a native population or range Service nor the CDFG condone and allowing for seeds of C. californica expansion or extension of a wild trespassing. to germinate and grow. The U.S. Forest ecosystem nor do those activities by Comment: Several commenters stated Service started to construct firebreaks themselves ensure the conservation or that the information was accurate, and on lands administered by the Sierra protection of a wild ecosystem. that the Service would not have National Forest in 1997 as part of a five Although reintroduction into potential proposed these species if the data did year program of controlled burning to suitable habitat may be an important not support the proposed listing. promote the sexual reproduction of C. recovery tool, such reintroduction of C. Service Response: The Service californica (J. Clines, in litt. 1997) californica does not necessarily ensure gathered the best available information (discussed in detail in Factor E, below). the long-term survival of the species. in order to make an accurate However, in regards to private lands, determination related to these plant please see the next comment and Issue 5—Range and Distribution species. The Service received additional response. Comment: The Service received information on the status, distribution, Comment: Firebreaks are used as one comments regarding the incomplete and threats to the six taxa in this means to control wildfires and can data addressing the range and withdrawal notice over the course of minimize severe impacts of fire to distribution of Allium tuolumnense, four comment periods; October 10, 1994 vegetation, and should facilitate the Fritillaria striata, and Mimulus to December 5, 1994, December 29, 1994 burning of native brush and grasses, and shevockii. to June 4, 1995, February 4, 1997 to thus promote the propagation of Service Response: Some commenters March 6, 1997, and June 30, 1997 to Carpenteria californica. The U.S. Forest provided no additional specific August 30, 1997. Based upon all the Service and CDFFP have a new fire information regarding the range and comments received, the Service suppression facility that will reduce distribution of Allium tuolumnense, determined that the six taxa in this response time for initial attacks on Fritillaria striata, and Mimulus notice did not meet the definitions of wildfires and thus reduce the effects of shevockii that could be used in this either endangered or threatened as wildfires, and the urban interface issue withdrawal notice. Other commenters stated in the Act and implementing with C. californica. The CDFFP provided specific information regarding regulations (50 CFR 424 subpart A). promotes the use of prescribed burns to Fritillaria striata and Mimulus shevockii control native and non-native vegetation that was used in the development of this Issue 2—Species are or are not without which C. californica may withdrawal notice. Please see the Threatened or Threats are not decline. ‘‘Background’’ and ‘‘Summary of Factors Substantiated Service Response: The Service agrees Affecting the Species’’ sections for Comment: Several commenters stated that controlled burning on private lands further discussion. that some of the species were more may promote the longterm reproduction common than indicated in the proposed of some selected plant species. Issue 6—Existing Regulatory rule, or some, if not all, of the species However, the CDFFP has not conducted Mechanisms were not threatened by one or more any controlled or prescribed burns in C. Comment: Several commenters stated factors across the range of the species. californica habitat to facilitate the that the existing regulatory measures Service Response: The Service needed seed germination and seedling available through State, Federal and concurs with the comment. Additional establishment of C. californica on local laws, rules and regulations provide information regarding the status of the private lands in the last five years. adequate protection for the six species six taxa in this notice is discussed in the Furthermore, controlled burning alone in this notice. Other commenters stated ‘‘Summary of Factors Affecting the is insufficient to insure that seedlings of that the existing regulatory mechanisms Species’’ section of this withdrawal. The C. californica will survive any were not sufficient to protect the species Service has determined that none of subsequent cattle trampling or grazing. included in this notice of withdrawal, these six plant taxa meet the definition Please see Factor E of the ‘‘Summary of and therefore the listing should go of a threatened or endangered species Factors Affecting the Species’’ section forward to provide the protection under the Act. A list of all references for further discussion. necessary for the continued existence of used to formulate this withdrawal these species. Issue 4—Cultivation and Horticulture notice is available at the Sacramento Service Response: Because the Service Fish and Wildlife Office upon written Comment: Several commenters stated has not found evidence of sufficient request (see ADDRESSES section). that Carpenteria californica should not threats to any of these species to warrant be listed because it can be commercially listing, the question as to whether Issue 3—Fire Management produced in California from nursery existing regulatory measures are Comment: The U.S. Forest Service can (non-wild) stock. Populations of C. adequate to protect them is irrelevant. use controlled fires to improve californica are expanding throughout its See the discussion under Factor D of the Carpenteria californica habitat. range and in England from the nursery ‘‘Summary of Factors Affecting the California Department of Forestry and trade. Successful cultivation guarantees Species’’ section for further detail. Fire Protection (CDFFP) vegetation that the plant is not threatened or management practices such as fire endangered under intent of the ESA. Issue 7—Grazing suppression and controlled burns could Service Response: One of the Comment: One commenter stated that and should be used to benefit C. purposes of the Act is to provide a Fritillaria striata is not adversely californica on private lands. means whereby the ecosystems upon impacted by cattle grazing and Service Response: The Service agrees which endangered and threatened trampling because no scientifically that vegetation management through species depend may be conserved. documented studies exist to controlled burning may have some Successful cultivation of a species such demonstrate the speculation of adverse benefits for selected plant species. To as Carpenteria californica for the impacts, nor is it threatened at the five illustrate, controlled burning can nursery trade does not meet the sites which are noted in the proposed Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Proposed Rules 49069 rule to have heavy grazing or State Highway 168. As a mature plant, more of an issue for these species than overgrazing as a threat because the visits Carpenteria californica is not readily grazing. were done by people who had no range grazed by livestock. However, in a three- Service Response: The Service is management knowledge or training and year study of the effects of cattle grazing unable to support the general position were done at the wrong times of year, and trampling, over 90 percent of 400 that grazing is either beneficial or nor is it threatened by competition from marked seedlings were killed by grazing detrimental for the six species in this non-native plants. The same commenter and trampling (Clines 1994). withdrawal notice. Many factors stated F. striata has no habitat at the Comment: One commenter stated that involved in livestock management and Element Occurrence 2, and, therefore, grazing reduces competition to grazing practices, such as season of use, has not been extirpated due to heavy Carpenteria californica from grasses and intensity, duration, and stocking levels, grazing as was stated in the proposed other species. Another commenter as well as varying climatic conditions rule. stated that competition from native may contribute to beneficial, neutral, or Service Response: The Service brush species may adversely affect C. negative impacts to individual plant received no data to support the californica. species and the ecosystem these species contention that grazing did not have Service Response: Neither commenter inhabit. Life and growth stages of adverse impacts to any occurrences of provided the Service with any individual plant species may also enter Fritillaria striata as stated in the information nor data to support their into accounting of any effects from proposed rule. Virtually all the respective contentions. Scientific livestock grazing and are often coupled information regarding adverse impacts literature on the effects of grazing or with complex interactions of to occurrences of F. striata that the competition from native brush species competition with other plant species Service received was anecdotal to C. californica is lacking. The Service and other indirect effects. This lack of information. No special training in is not aware of any data that supports available scientific literature, along with range management or other science is or refutes that competition from other site specific observations and local needed to observe that individual plants plant species affects C. californica, or extirpations of some taxa, fails to of F. striata are consumed and flowers that livestock grazing reduces support a position that grazing is always are trampled across a small area that competition between other species and beneficial to the six taxa in this contains a few hundred individual C. californica. For more discussion on withdrawal notice. The Service does not plants. The timing of observations of the effects of livestock grazing, please maintain, however, that all grazing is cattle consuming and trampling flowers see Factor C in the ‘‘Summary of Factors overgrazing or that all populations are has varied. The Service also received Affecting the Species’’ section. threatened by overgrazing, but rather plant count data for a single year on 10 that grazing at some locations has been Comment: Navarretia setiloba only previously unknown sites of F. striata observed to have adverse impacts on occurs on one section of public lands in which have been historically grazed at Carpenteria californica and Fritillaria the Piute Mountains and grazing is not various seasons of use. Although other striata. likely to adversely affect this species. extirpations have occurred to Virtually all the information that the Service Response: With the exception populations of F. striata, reports to the Service collected regarding adverse, of the two occurrences of Navarretia CDFG’s Natural Heritage Program beneficial, and neutral livestock grazing indicate that the Natural Diversity Data setiloba that occur within an urban effects on the six taxa is anecdotal. Base Element Occurrence Number 2 had setting (e.g., inside an existing mobile However, repeated observations over experienced heavy grazing in 1990, but home park in one case), all known time coupled with knowledge of is still extant (CNDDB 1997). Anecdotal occurrences of N. setiloba, including the historical land uses suggests some levels observations of adverse or neutral one on public lands in the Piute of grazing may adversely affect impacts to occurrences F. striata are part Mountains, are found on open Carpenteria californica, Fritillaria of the public record. Please see Factor rangelands that are likely grazed by striata, and Lupinus citrinus var. C in the ‘‘Summary of Factors Affecting livestock. At the time of the proposed deflexus. However, information that was the Species’’ section for further rule, the Service did not state that provided for some of locations of some discussion of grazing as it relates to livestock grazing was adversely affecting of the taxa in this withdrawal notice these species. any of the populations of N. setiloba and indicates that some levels of livestock Comment: One commenter stated that is not aware currently that any one of grazing may be a compatible land use cattle do not eat Carpenteria californica the occurrences is adversely affected by with Allium tuolumnense, Mimulus flowers. Another commenter stated that livestock grazing. shevockii, and Navarretia setiloba. The grazing reduces the competition to C. Comment: Some occurrences of effects of herbivory by any animal, californica from grasses and other Mimulus shevockii receive some grazing including livestock, is addressed under species. Another commenter stated that but it does not significantly impact Factor C, ‘‘Disease and Predation’’ Carpenteria californica is only grazed them. section of this withdrawal notice. and trampled for about three years after Service Response: At the time of the Comment: Several commenters stated a burn. Lastly, one commenter stated proposed rule, the Service did not state that threats associated with livestock that grazing does not affect the C. that livestock grazing adversely affected grazing were either false, or purely californica occurrence located next to or threatened any of the known speculative, or lacked any scientific Highway 168. populations of Mimulus shevockii. credence. Service Response: In the proposed Comment: Several commenters stated Service Response: In order to make a rule, the Service stated that overgrazing that grazing and/or trampling is good for final determination whether to list 10 was adversely affecting portions of two the six species in this withdrawal notice plant species, the Service evaluated site populations of Carpenteria californica by promoting plant vigor, or creates a specific observations of known plant in Fresno County. The Service has not better seedbed. One commenter stated occurrences and reviewed an extensive ever stated that cattle eat the flowers of that the Service holds the position that body of literature on the impacts of non- C. californica or that cattle were all grazing is overgrazing. One native mammals to plant species. The adversely affecting that portion of a commenter stated that other Service also reviewed some data population of C. californica at California environmental factors (e.g., rainfall) are regarding plant counts of Fritillaria 49070 Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Proposed Rules striata at 13 sites, 10 of which were and F. striata augments the argument Cov. (Piute Mountains navarretia) are as unknown before the proposed listing. that the species are endangered. Further, follows: Please refer to Factor C in the the reviewer noted because we do not A. The Present or Threatened ‘‘Summary of Factors Affecting the understand why the species fail to Destruction, Modification, or Species’’ section of this rule for further reproduce sexually or how to remedy it, Curtailment of its Habitat or Range discussion of grazing. the long-term prospects for these species are ‘‘exceedingly dubious.’’ The same One occurrence of Allium Issue 8—Alternative Status reviewer also commented that further tuolumnense is threatened by a Comment: Several commenters reductions in populations of L. c. var. subdivision at the Rawhide Hill locality. requested that the species considered in deflexus, M. shevockii, and N. setiloba This occurrence is the type locality that this notice should either not be listed at may place them in danger of extinction once covered several hundred hectares this time, be listed, be listed with an by random natural events. A third but has now been reduced to 14 ha (35 alternate status, or retain current status reviewer addressed C. californica, F. ac) as a result of land clearing activities indefinitely. striata, and L. c. var. deflexus. The to build houses (CNDDB 1997). Another Service Response: Substantive reviewer noted that the primary threat occurrence of A. tuolumnense is information provided by commenters in to C. californica from grazing and threatened by development of a support of arguments for alternative trampling is immediately following a subdivision near Chinese Camp at the listing status, including delay or fire, that fire suppression is a potential Jamestown locality (Brad Michalk and withdrawal, has been incorporated into threat to C. californica, that alteration of Robin Wood, Tuolumne County the final rule and this withdrawal fire frequency may effect the long-term Planning Department, pers. comm. notice. Please refer to the ‘‘Summary of viability of F. striata populations, and 1997; CNDDB 1997). Land clearing Factors Affecting the Species’’ section that the limited number of populations activities for the subdivision near the for further discussion. and known distribution of L. c. var. Chinese Camp involved the Peer Review deflexus suggest that protection is construction of roads, fences, and house needed. A fourth reviewer provided locations, which reduced colonies In accordance with the interagency information on the taxonomic numbering from 10,000 plants to just a policy published on July 1, 1994 (59 FR distinctiveness, ecology, and non-native few individual plants (Pat Stone, 34270), the Service solicited the expert competitors of N. setiloba. The fourth California Native Plant Society, in litt. opinions of seven independent and reviewer emphasized the importance of 1997; Rich Hunter, Central Sierra appropriate specialists regarding conserving the species. The fifth Environmental Resources Center, pers. pertinent scientific or commercial data reviewer provided no specific comm. 1997). An additional occurrence and assumptions relating to the comments but supported the listing of of A. tuolumnense occurs in the open , population status, and the six taxa addressed in this spaces of a recently approved biological and ecological information of withdrawal. subdivision; however, the occurrence is the 10 proposed plants. Five of the The Service has reviewed all the not directly threatened by the seven requested reviewers provided comments received during the four construction of houses (Robert Preston, comments. It is important to note that comment periods. Only comments LSA Consultants, Inc., in litt. 1994). the peer reviewers were not aware that specific to the six taxa that are the Urbanization has destroyed one many of the threats to these six taxa had subject of this notice are addressed occurrence of A. tuolumnense and been reduced or removed since the herein. General comments received on firebreak construction and road proposal in 1994 and that additional all ten taxa and specific comments that construction have destroyed another occurrences (populations and additional were received pertaining to the four taxa portion of another occurrence (Blaine plants had been located. Not all that the Service is listing as threatened Rogers, botanist, in litt. 1983, 1990; reviewers commented on all of the taxa Brodiaea pallida (Chinese Camp CNDDB 1997). An estimated 75 percent that were proposed for listing. One brodiaea), Calyptridium pulchellum of the occupied habitat of A. reviewer supported the listing of the (Mariposa pussypaws), Clarkia tuolumnense, however, occurs on lands species addressed in this withdrawal, springvillensis (Springville clarkia), and administered by the BLM and is not noted that each species is taxonomically Verbena californica (Red Hills vervain) threatened by urbanization. Another distinct, and commented that the low are addressed in a separate Federal occurrence of A. tuolumnense on land numbers of individuals in populations Register final rule published owned by the Tuolumne County make them especially susceptible to concurrently with this withdrawal. Irrigation District has been irrigated genetically based and detrimental through the spring, summer, and fall phenomena. These phenomena include Summary of Factors Affecting the with reclaimed wastewater from Quartz inbreeding depression and loss of Species in 1996 and 1997 (P. Stone, pers comm. genetic variability. The reviewer The Service must consider five factors 1997). Effects of irrigation to this characterized population sizes of described in section 4(a)(1) of the Act occurrence are unknown. Four Lupinus citrinus var. deflexus and when determining whether to list a occurrences that were reported as being Mimulus shevockii as ‘‘perilously low’’ species. These factors, and their threatened by commercial placer gold and the populations of Allium application to the Service’s decision to mining at the time of the proposed rule tuolumnense, Carpenteria californica, withdraw the proposal to list Allium are no longer threatened as the mining Fritillaria striata, and Navarretia tuolumnense (Traub) Denison and company has gone out of business (R. setiloba as approaching that condition. McNeal (Rawhide Hill onion), Wood, pers comm. 1997). A second reviewer also supported the Carpenteria californica Torr. Threats to two occurrences of listing of the species addressed in this (carpenteria), Fritillaria striata Eastw. Carpenteria californica by development withdrawal and commented specifically (Greenhorn adobe lily), Lupinus citrinus that were cited at the time of the on C. californica, F. striata, L. c. var. Kell. var. deflexus (Congd.) Jeps. proposed rule have not been deflexus, M. shevockii, and N. setiloba. (Mariposa lupine), Mimulus shevockii substantiated by construction of any The reviewer noted that the absence of Heckard and Bacig. (Kelso Creek specific proposed subdivisions or sexual reproduction in C. californica monkeyflower), and Navarretia setiloba specific development proposals Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Proposed Rules 49071

(CNDDB 1997). Future subdivisions still unknown populations of F. striata (CNDDB 1997). The remaining could threaten some of the habitat of the (Ralph L. Phillips, University of occurrences representing BLM, private, estimated 30 percent of the plants that California Cooperative Extension, in litt. and a mixture of private and BLM lands occur on private lands. However, 1997; Mark Mebane, Kern County are not known to be threatened by urbanization does not threaten the Cattlemen’s Association, in litt. 1995). urbanization at this time. remaining 70 percent of the range of C. The Service is unable to identify any One occurrence of Navarretia setiloba californica that occurs on lands threats to these previously unknown is threatened by urbanization where managed by the Sierra National Forest. populations of F. striata. activities such as construction of a The construction of a new University of Two occurrences of Lupinus citrinus housing pad and parking area have California campus that could have var. deflexus may be threatened directly impacted the species (Lynn Overtree, potentially threatened one occurrence of or indirectly by urbanization. The Nature Conservancy, in litt. 1993, C. californica in western Fresno County Disturbance associated with suburban 1994, 1995; CNDDB 1997). At the time is no longer a threat because a Merced foothill development damaged one of the proposed rule, two additional County site was selected for the new occurrence of L. c. var. deflexus in the occurrences of N. setiloga were campus location. Although illegal early 1980s. Since then, this occurrence reportedly threatened by urbanization, dumping has been reported to occur at appears to be recovering (CDFG 1989). one in the Lake Isabella area and one two occurrences of C. californica on the Lupinus citrinus var. deflexus plants at near Grapevine Peak (Diane Mitchell, Sierra National Forest, no further this site comprise approximately 14 botanist, pers. comm. 1992). The Service impacts to these occurrences have been percent of the occupied acreage (CNDDB has been unable to verify specific reported since 1987 (CNDDB 1997). The 1997). A pad for a house was prepared threats to these two occurrences and to Service considers illegal dumping to be approximately 12 m (40 ft) up slope the occurrence of N. setiloga in the a minor, localized threat of little from the plants (CDFG 1992b; Michael Caliente area. Additionally, recent significance to the overall status of the Ross, Yosemite Institute, in litt. 1992), survey information is lacking for the species. The continued grading of access and a garage, driveway, domestic trees southernmost occurrence of N. setiloga roads underneath powerlines and and a drip system have also impacted near Grapevine Peak and for the two around power towers continues to pose the area of this occurrence (Lynn Lozier westernmost occurrences of N. setiloga a potential threat to part of one and Rich Reiner, The Nature in the Greenhorn Mountains. Although occurrence of C. californica on the Conservancy, in litt. 1990). The plants threats from urbanization to one of the Sierra National Forest. The Service also may be indirectly impacted by six occurrences of N. setiloga have been considers this to be a minor threat. The overwatering and use of herbicides or verified, the Service is unaware of small-scale logging impacts to C. pesticides (M. Ross, in litt. 1992). A specific development proposals that californica on the Sierra National Forest second occurrence of L. c. var. deflexus, would affect the other five occurrences reported in the proposed rule have not including approximately 57 percent of of N. setiloga. Therefore, the Service occurred and are not anticipated to the known acreage, occurs on a ranch finds that N. setiloga is not imminently occur at a significant enough level to that has been for sale (Ann threatened due to these activities at this warrant continued consideration as a Mendershausen, Mariposa Resource time. Conservation District, pers. comm. 1993, threat at this time. The proposed B. Overutilization for Commercial, realignment and expansion of a portion 1997; CNDDB 1997). The four remaining occurrences of L. c. var. deflexus are not Recreational, Scientific, or Educational of California State Highway 168 into a threatened by specific development Purposes four-lane freeway that was reported to proposals at this time. Overutilization is not known to be a potentially threaten portions of two At the time of the proposed rule, six factor affecting the taxa considered in occurrences of C. californica in the occurrences of Mimulus shevockii were this withdrawal. proposed rule will most likely not be thought to be threatened by mobile C. Disease or Predation constructed within the next 20 years home development and associated road (Dana York, California Department of construction. The Service has been able In the proposed rule (59 FR 50545), Transportation, pers. comm. 1997), and, to verify that development on private livestock grazing was identified as a therefore, is not currently a threat to the land may directly impact two of these potential threat to eight occurrences of species. six occurrences. Development on Allium tuolumnense on BLM lands in Prior to the publication of the private land may directly impact M. the Red Hills Area of Critical proposed rule, three occurrences of shevockii at two occurrences that are Environmental Concern (ACEC). Fritillaria striata in Tulare County and each a mixture of private and BLM Although the BLM authorized livestock one occurrence in Kern County had lands (S. Carter, in litt. 1995c, 1996; grazing in the Red Hills in 1995 through been extirpated as a result of CNDDB 1997). At two of the new M. 1997, no impacts to A. tuolumnense urbanization and agricultural land shevockii occurrences, house from livestock grazing have been conversion (CDFG 1991; CNDDB 1997). construction was occurring on land reported. Agricultural land conversion threatens where M. shevockii grows (S. Carter, in Two occurrences of Carpenteria two extant occurrences of F. striata in litt. 1996). The private land at the californica on Sierra National Forest Tulare County (CNDDB 1997). A second site is subdivided (S. Carter, in lands were cited in the proposed rule firebreak bisects part of one occurrence litt. 1995c), but the Service is unaware (59 FR 50546) as threatened by of F. striata in Kern County (CNDDB of specific development plans for the overgrazing. It is now known that cattle 1997). Road maintenance threatens site. Additionally, at two occurrences do not readily consume mature plants (J. another occurrence of F. striata in Kern managed by BLM, development of Clines, in litt. 1997), and the Service no County (CNDDB 1997). No specific adjacent private lands may indirectly longer believes livestock grazing to be a threats have been identified to the impact M. shevockii growing on the threat to mature individuals. However, remaining 20 or more sites of F. striata. BLM lands (S. Carter, in litt. 1995b; livestock grazing and trampling destroys Moreover, the Service received two CNDDB 1997). Agricultural land seedlings of C. californica. In a three- reports regarding a total of at least ten conversion may also threaten the year study of seedling establishment and as many as sixteen previously species at one of these same sites after a wildfire, less than 10 percent of 49072 Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Proposed Rules

C. californica seedlings survived and the plants are now apparently will be required to evaluate their most of them were destroyed by recovering in the two occurrences where effectiveness for conservation of species. livestock grazing and trampling (Clines grazing and trampling were reported to The California Environmental Quality 1994). Livestock, however, do not graze have damaged populations of L. c. var. Act (CEQA) requires a full disclosure of all populations of Carpenteria. For deflexus (CDFG 1989; CNPS 1990; the potential environmental impacts of example, several square miles of CDFG 1992b). At least one occurrence of proposed projects. The public agency occupied Carpenteria habitat occur L. c. var. deflexus is currently grazed by with primary authority or jurisdiction within the Carpenteria Botanical Area, livestock, but it is not thought to be a over the project is designated as the lead an area not grazed by livestock because threat to the population (CDFG 1989, agency, and is responsible for it is not in an allotment and not subject CNDDB 1997, A. Mendershausen, pers. conducting a review of the project and to trespass grazing because of comm. 1997). The long-term effects of consulting with the other agencies impassable terrain (J. Clines, in litt. light grazing or trampling on the plants concerned with the resources affected 1997). In addition, successful sexual are currently unknown (CDFG 1989, by the project. Section 15065 of the reproduction does occur in areas CNDDB 1997). CEQA Guidelines requires a finding of accessible to livestock, such as a cohort significance if a project has the potential D. The Inadequacy of Existing that established after a 1989 wildlife to ‘‘reduce the number or restrict the Regulatory Mechanisms and have now reached heights of up to range of a rare or endangered plant or 240 cm (94 in) (J. Clines, in litt. 1997). The State of California Fish and Game animal.’’ Species that are eligible for Livestock grazing occurs at most of Commission has listed Carpenteria listing as rare, threatened, or the occurrences of Fritillaria striata. californica, Fritillaria striata, and endangered but are not so listed are Seven observers have reported a variety Lupinus deflexus (now known as given the same protection as those of livestock grazing impacts to many of Lupinus citrinus var. deflexus) as species that are officially listed with the the occurrences of F. striata (CNDDB threatened species (Chapter 1.5 § 2050 State or Federal governments. Once 1997). These seven observers were not et seq. of the California Fish and Game significant effects are identified, the trained in range management nor did Code and Title 14 California Code of lead agency has the option to require they have knowledge of grazing history Regulations 670.2). Although the ‘‘take’’ mitigation for effects through changes in at some locations of F. striata. Based of State-listed plants is prohibited the project or to decide that overriding upon visual observations regarding the (California Native Plant Protection Act, considerations make mitigation amount and severity of impacts to Chapter 10 § 1908 and California infeasible. In the latter case, projects individual plants and the habitat of F. Endangered Species Act, Chapter 1.5 may be approved that cause significant striata,, the reports have ranged from § 2080), State law exempts the taking of environmental damage, such as light grazing pressure on three such plants via habitat modification or destruction of endangered species. occurrences of F. striata in Kern County land use changes by the owner. After Protection of listed species through to overgrazing and/or trampling as CDFG notifies a landowner that a State- CEQA is therefore dependent upon the serious threats to the species at three listed plant grows on his or her discretion of the agency involved. In other locations of F. striata in Kern property, State law only requires that addition, CEQA guidelines recently County (CNDDB 1997). The latter the land owner notify the agency ‘‘at have been revised in ways which, if reports have led to the interpretation least 10 days in advance of changing the made final, may weaken protections for that such observations of grazing land use to allow salvage of such a threatened, endangered, and other impacts to F. striata were general plant’’ (Native Plant Protection Act, sensitive species. descriptions of rangeland conditions Chapter 10 § 1913). Despite the potential inadequacies in reflecting poorly on good land On September 29, 1997, legislation existing regulatory mechanisms, the stewardship and/or grazing practices, or was approved for the California Fish Service has found insufficient that livestock must be excluded to and Game Code that ‘‘declares that if substantive evidence of threats to the six ensure the survival of the species. Some any provision of this chapter requires a plant taxa in this notice of withdrawal of the same observers, however, have person to provide mitigation measures to warrant their listing as threatened or reported that low levels of livestock or alternatives to address a particular endangered species under the Act. In grazing with avoidance during the impact on a candidate species, the absence of such threats, the flowering season may benefit the threatened species, or endangered potential inadequacies of these species (CDFG 1992c). The long term species, the measures or alternatives regulatory mechanisms are irrelevant. required shall be roughly proportional effects of grazing and/or trampling to F. E. Other Natural or Manmade Factors striata are currently unknown. The in extent to any impact on those species Affecting its Continued Existence Service concludes that direct that is caused by that person. Where consumption of the plant and/or various measures or alternatives are OHV use has been reported as a threat destruction caused by trampling of the available to meet this obligation, the to Allium tuolumnense, Lupinus flowers has been repeatedly and measures or alternatives required shall citrinus var. deflexus, Mimulus independently observed. The Service maintain the person’s objectives to the shevockii, and Navarretia setiloba. finds, therefore, that not all livestock greatest extent possible with this However, only one occurrence of A. grazing threatens the species, but under section’’ (Johnston and Machado 1997). tuolumnense inside the BLM Red Hills some circumstances, livestock California Senate Bill 879, passed in ACEC is threatened by OHV use overgrazing and/or trampling may 1997 and effective January 1, 1998, (CNDDB 1997). Historic damages to two threaten three occurrences of F. striata requires individuals to obtain a section other occurrences of A. tuolumnense in Kern County (CNDDB 1997). 2081(b) permit from CDFG to take a have been reported from OHV use, but In the proposed rule, overgrazing by listed species incidental to otherwise no recent impacts have been noted at cattle was also identified as a potential lawful activities, and requires that all those locations (CNDDB 1997). OHV use threat to Lupinus citrinus var. deflexus impacts be fully mitigated and all was reported as a threat to parts of four (59 FR 50540), but this threat has not measures be capable of successful occurrences of Carpenteria californica. been substantiated. Since grazing was implementation. These requirements Because no further impacts to these identified as a threat in the early 1980’s, have not been tested and several years occurrences have been reported since Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Proposed Rules 49073

1987, the Service considers that there conducted with the assistance of the able to successfully adapt to future are no threats to these four occurrences. California Department of Forestry and environmental changes (Ellstrand and Previously, OHV use destroyed some Fire under its Vegetation Management Elam 1993). Thus, portions of four of the plants at one occurrence of L. c. var. Program, the enhancement of sexual six species are threatened by potential deflexus (CDFG 1989). However, the reproduction of the species (Bill loss of genetic fitness and/or genetic Service has not received information Richards, California Department of variability as well as by demographic regarding any further OHV use or recent Forestry and Fire Protection, pers and environmental uncertainty damage at this site. An OHV road comm. 1997). Therefore, the Service associated with small population sizes. bisects one occurrence of M. shevockii considers the lack of necessary fire Five of the six species addressed in and a gravel road bisects another management of C. californica on private this rule are known from few occurrence (CNDDB 1997). Ongoing lands to be a potential threat to the populations and/or from very small OHV activity could threaten this plant species. ranges. Carpenteria californica, Lupinus at this one location. Currently, off- Although Fritillaria striata may be citrinus var. deflexus, Mimulus highway vehicle use has been observed threatened by competition from non- shevockii, and Navarretia setiloba are at four sites where M. shevockii occurs native grasses such as Avena (wild oat) each known from eight or fewer (S. Carter, in litt. 1995b, 1995c, 1995d, and Bromus (brome) as mentioned in occurrences (CNDDB 1997). Although 1996; CNDDB 1997), but the Service has the proposed rule, the Service has Allium tuolumnense is known from not received information indicating that received no credible scientific data to more than eight occurrences, the species the magnitude of the impacts to M. suggest that any populations of F. striata is known only from four general shevockii are likely to threaten the have been adversely affected or losses of localities comprising a 342 sq km (132 continued existence of the species. One populations have occurred as a result of sq mi) area. The distribution in each occurrence of N. setiloba has been such competition. locality is much smaller than the overall disturbed by OHV use in the past Small population size or fluctuations range indicates, approximately 90 sq km (CNDDB 1997), but the Service has not to small size increase the susceptibility (35 sq mi) in the Red Hills, 23 sq km (9 received further information indicating of a population to extirpation from sq mi) at Quartz Mountain, 10 sq km (4 that this activity continues to be a threat random demographic, environmental sq mi) at Table Mountain, and less than at the site. and/or genetic events (Shaffer 1981, 3 sq km (1 sq mi) in the Moccasin area Fire suppression activities and 1987; Lande 1988; Meffe and Carroll (CNDDB 1997). Similarly, N. setiloba is development took place in the northerly 1994). Population sizes of 100 or fewer composed of a few small, widely occurrence of Mimulus shevockii in are known for one or more populations scattered populations within a larger 1997. A bulldozer was driven through of Allium tuolumnense, Fritillaria 4,000 sq km (1,560 sq mi) range. part of the occurrence and a log deck striata, Lupinus citrinus var. deflexus, Currently, known occupied habitat of N. built on top of another part of the and Navarretia setiloba (CNDDB 1997). setiloba consists of less than 6.5 ha (16 occurrence. Mimulus shevockii plants Because of the clonal nature of A. ac) (CNDDB 1997). Lupinus citrinus var. and habitat were directly impacted by tuolumnense (BioSystems Analysis deflexus and M. shevockii are known these activities (S. Carter, pers. comm. 1984), actual numbers of genetic from very small ranges. The range of L. 1997b). Events like these are considered individuals in populations of this c. var. deflexus is only 40 sq km (15 sq by the Service to be localized and do not species may be even smaller than mi) (CNDDB 1997). Mimulus shevockii pose a significant threat to the survival reported. Demographic events that may grows within two general areas, the of the species. put small populations of these four larger southern portion comprising Since the time of the proposed rule, species at risk involve random about 31 sq km (12 sq mi) (CNDDB the need for fire management for the fluctuations in survival and 1997). Few populations, small range, successful sexual reproduction of reproduction of individuals (Shaffer and/or restricted habitat make these five Carpenteria californica on the Sierra 1981, 1987; Lande 1988; Meffe and species highly susceptible to extinction National Forest was recognized, and Carroll 1994). Environmental events that or extirpation from a significant portion work is underway in the Kings River may put small populations at risk of their ranges due to random events, and Pineridge ranger districts include random or unpredictable such as flood, drought, disease, or other constructing a network of the necessary fluctuations in the physical occurrences (Shaffer 1981, 1987; Meffe fuelbreaks prior to commencement of a environment such as changes in the and Carroll 1994). Such events are not five-year controlled burning program (J. weather (Shaffer 1981, 1987; Primack usually a concern until the number of Clines, in litt. 1997). The first area 1993; Meffe and Carroll 1994). These populations or geographic distribution scheduled to be burned is the species may be subject to increased become severely limited, as is the case Carpenteria Botanical Area because the genetic drift and inbreeding as a with the species discussed here. Once area is not in a cattle allotment. consequence of their small population the number of populations, the range, or Trespass cattle will not be a problem sizes (Menges 1991, Ellstrand and Elam the plant population size is reduced, the due to the rocky terrain, eliminating the 1993). Populations that are continually remnant populations, or portions of conflict with cattle grazing after small in size are particularly susceptible populations, have a higher probability prescribed burns (J. Clines, in litt. 1997). to genetic changes due to drift. of extinction from random events. Although the Sierra National Forest has However, drift may also cause genetic taken some necessary steps to changes in populations that Finding and Withdrawal proactively conserve the species on occasionally fluctuate to small sizes (e.g. After a thorough review and Federal lands, the difficulties in undergo population bottlenecks). consideration of all information conducting necessary prescribed burns Increased homozygosity resulting from available the Service has determined with multiple private land owners may genetic drift and inbreeding may lead to that listing of Allium tuolumnense, pose a threat to C. californica on private a loss of the ability of individuals to Carpenteria californica, Fritillaria lands which contain the remaining 30 survive and reproduce (genetic fitness) striata, Lupinus citrinus var. deflexus, percent of the species. To date, no in small populations. In addition, Mimulus shevockii, and Navarretia prescribed burns of C. californica on reduced genetic variation in small setiloba is not needed at this time. The private forest lands have been populations may make any species less Service has carefully assessed the best 49074 Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Proposed Rules scientific and commercial information road maintenance have occurred on a The collective threats to 11 of the 23 available in the determination of small-scale basis and constitute low known occurrences, including six new whether to list these species. magnitude, imminence, and frequency occurrences since the proposed rule was At the time of the proposed rule, impacts to C. californica. Although 30 published, and the lack of specific Allium tuolumnense was thought to be percent of the range of C. californica has threats to the numerous unverified threatened by urbanization, overgrazing, been lost, a low likelihood exists that a occurrences of F. striata ,are insufficient mining, and OHV use on 25 percent of significant portion of the remaining across the range of the species to its range on private lands. The individual plants or habitat will be lost warrant listing the species at this time. remaining 75 percent of the population in the foreseeable future because 70 Therefore, the Service finds that F. on public lands was potentially percent of the remaining plants exist on striata is not threatened with extinction threatened by grazing. Subsequently, the the Sierra National Forest which has throughout all or a significant portion of Service has not been able to verify that started a program to enhance the sexual its range in the foreseeable future and overgrazing occurs at the grazed sites on reproduction of the species using does not meet the definition of a public or private lands. The threats prescribed fire. Fire management for the threatened or endangered species. posed by commercial placer mining no successful reproduction of the species At the time of the proposed rule, longer exist because the mining followed by three years rest from Lupinus citrinus var. deflexus was company is no longer in business. The livestock grazing needed for the thought to be threatened by development of three subdivisions has longterm survival of the species is not urbanization and inadequate State impacted several occurrences of A. occurring on private lands. regulatory mechanisms, and potentially tuolumnense on private lands. However, Consequently, the Service considers that by overgrazing. Subsequently, the because 75 percent of the occurrences of continued fire suppression and non- Service has not been able to verify that A. tuolumnense are on public lands, management of C. californica on private overgrazing occurs at the grazed sites urbanization is not and will not be a lands threatens the species across the 30 where L. c. var. deflexus is found. major threat to the species over most of percent of its range on private lands. Continued or future urbanization may its range. Although historic damage Highway construction will not take threaten at least two occurrences of L. c. from OHV use has been reported on two place for at least another 20 years and var. deflexus. Inadequate State occurrences of A. tuolumnense, only would impact one portion of one regulatory mechanisms and extirpation one occurrence is considered currently occurrence of C. californica. Although from random events due to small threatened by OHV use. Two the Service has information regarding population sizes, small number of occurrences of A. tuolumnense are the adverse impacts of overgrazing and populations, and the restricted range of threatened by road maintenance. Thus, trampling to seedlings of C. californica, the species may threaten all occurrences collectively, the Service has been able to no information has been presented to of L. c. var. deflexus. However, the verify threats to 6 of the 21 occurrences verify any adverse effects of grazing on Service has been unable to verify of A. tuolumnense. The small range, its mature plants on private or public lands imminent threats to four of the six restricted serpentine habitat, and clonal over the range of the species. Further, occurrences of L. c. var. deflexus. distribution of A. tuolumnense make no scientific information has been Therefore, the Service finds that L. c. this species susceptible to local presented to suggest that competition var. deflexus is not threatened with extirpation from portions of its range from native brush species has any extinction throughout all or significant portion of its range nor is it likely to due to random environmental events, adverse impact to C. californica. but this threat, in the absence of other become an endangered species within Although C. californica is known from significant threats to the species, is the foreseeable future and does not meet seven localities, including a new insufficient to warrant listing under the the definition of threatened or occurrence since the publication of the Act. Therefore, the Service finds that A. endangered. proposed rule, over a relatively large tuolumnense is not threatened with At the time of the proposed rule, range, the species has few occurrences extinction throughout all or a significant occurrences of Mimulus shevockii were and is susceptible to extirpations from portion of its range nor is it likely to threatened by urbanization, OHV use, random environmental events. become an endangered species within and agricultural land conversion. Therefore, the Service concludes that C. the foreseeable future and does not meet Currently, development on-site or on californica is not threatened with the definition of a threatened or adjacent private land and OHV use have endangered species. extinction throughout all or significant been observed at four occurrences (S. At the time of the proposed rule, portion of its range nor is it likely to Carter, in litt. 1995b, 1995c, 1995d, Carpenteria californica was thought to become an endangered species within 1996; CNDDB 1997). During the be threatened by urbanization, highway the foreseeable future and does not meet comment periods, the Service received construction, maintenance of roads and the definition of threatened or information that the range of the species rights-of-way in connection with endangered. may be greater than understood at the hydroelectrical operations, competition Prior to the proposed rule, time of the proposed rule and that from native brush species, logging, agricultural land conversion extirpated potential additional habitat requires illegal dumping, incompatible fire three occurrences of Fritillaria striata in surveying. Agricultural land conversion management activities, overgrazing, Tulare County and one in Kern County may also threaten one of these same inadequate regulatory mechanisms, and and continues to threaten two occurrences (CNDDB 1997). The most OHV use over one third of its range on occurrences in Tulare County. Road threatened portion of the range may be private lands. Carpenteria californica maintenance threatens one occurrence the private lands in the disjunct was thought to be threatened by and livestock grazing may threaten three northwest occurrence. Reported threats alteration of natural fire cycles, OHV occurrences of F. striata in Kern County. to this occurrence include development, use, and maintenance of roads and Five occurrences of F. striata have OHV use, agricultural land conversion, rights-of-way on the remaining two- populations numbers of less than 100 and fire suppression actions (S. Carter, thirds of its range on public lands. individuals each and are susceptible to in litt. 1995c, 1996; S. Carter, pers. Historic impacts from urbanization, extirpation from random demographic, comm. 1997b; CNDDB 1997). Because illegal dumping, logging, OHV use, and environmental and/or genetic events. this portion of the range is both the most Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Proposed Rules 49075 northerly and disjunct, any activities two occurrences in the Lake Isabella References Cited that threaten its continued existence area (L. Overtree, in litt. 1993, 1994, A list of all references cited herein is may constitute a threat to the species as 1995; CNDDB 1997). Future available upon request from the U.S. a whole. Although urbanization, OHV urbanization may threaten at least one Fish and Wildlife Service Sacramento use, agriculture land conversion, and other occurrence of N. setiloba but no Fish and Wildlife Office (see random extirpation from the small specific development proposals are ADDRESSES section). number of populations and the known. This species is at risk from Author. The primary authors of this restricted range of the species continue random extirpation due to small withdrawal notice are Diane Elam, to put M. shevockii at risk, current population sizes, small numbers of Kenneth Fuller, and Dwight Harvey, threats that warrant listing of the species populations, and the restricted range of Sacramento Fish and Wildlife Office have not been identified and three the species. The Service lacks the Field Office (see ADDRESSES section). additional occurrences have been specific information indicating that discovered. Therefore, the Service finds Authority listing is warranted for N. setiloba at that M. shevockii is not threatened with this time. Based on all of this The authority for this action is section extinction throughout all or a significant 4(b)(6)(B)(ii) of the Endangered Species portion of its range in the foreseeable information, the Service finds that N. setiloba is not threatened with Act of 1973, as amended (16 U.S.C. 1531 future and does not meet the definition et seq.). of a threatened or endangered species. extinction throughout all or a significant At the time of the proposed rule, portion of its range, and it is not likely Dated: September 1, 1998. Navarretia setiloba was thought to be to become an endangered species within Jamie Rappaport Clark, threatened by urbanization and OHV the foreseeable future and does not meet Director, U.S. Fish and Wildlife Service. use. Current and future urbanization the definition of a threatened or [FR Doc. 98–24501 Filed 9–11–98; 8:45 am] and OHV use potentially threaten the endangered species. BILLING CODE 4310±55±P