Vol. 77 Tuesday, No. 44 March 6, 2012 Part II Department of the Interior Fish and Wildlife Service 50 CFR Chapter 17 Endangered and Threatened Wildlife and Plants; Revised Endangered Status, Revised Critical Habitat Designation, and Taxonomic Revision for Monardella linoides ssp. viminea; Final Rule VerDate Mar<15>2010 16:43 Mar 05, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\06MRR2.SGM 06MRR2 tkelley on DSK3SPTVN1PROD with RULES2 13394 Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Rules and Regulations DEPARTMENT OF THE INTERIOR Wildlife Office, 6010 Hidden Valley by Prince (2009), we accept the Road, Suite 101, Carlsbad, CA 92011; treatment of Elvin and Sanders (2003). Fish and Wildlife Service telephone 760–431–9440; facsimile This treatment found that some discrete 760–431–5901. occurrences that were previously 50 CFR Part 17 FOR FURTHER INFORMATION CONTACT: Jim identified as the listed entity [Docket No. FWS–R8–ES–2010–0076; Bartel, Field Supervisor, U.S. Fish and Monardella linoides ssp. viminea do not 4500030114] Wildlife Service, Carlsbad Fish and in fact represent that entity, but rather Wildlife Office, 6010 Hidden Valley a separate taxon. We also accept, and RIN 1018–AX18 Road, Suite 101, Carlsbad, CA 92011; will use here, the scientific name Monardella viminea for the listed Endangered and Threatened Wildlife telephone 760–431–9440; facsimile willowy monardella. Elvin and Sanders and Plants; Revised Endangered 760–431–5901. If you use a telecommunications device for the deaf (2003, p. 426) provided the name Status, Revised Critical Habitat Monardella stoneana for plants they Designation, and Taxonomic Revision (TDD), call the Federal Information Relay Service (FIRS) at 800–877–8339. determined were sufficiently distinct for Monardella linoides ssp. viminea from willowy monardella to warrant SUPPLEMENTARY INFORMATION: AGENCY: Fish and Wildlife Service, recognition at the species rank. These Interior. Background authors returned willowy monardella to species status as M. viminea, the name ACTION: Final rule. It is our intent to discuss only those under which it was originally described. topics directly relevant to our SUMMARY: In addition, Elvin and Sanders (2003, We, the U.S. Fish and recognition of the taxonomic split of p. 431) point out its distinctiveness from Wildlife Service (Service), recognize the Monardella linoides ssp. viminea into M. linoides taxa in San Diego County, recent change to the taxonomy of the two distinct taxa: Monardella viminea currently endangered plant taxon, California. (willowy monardella) and Monardella Several consequences result from the Monardella linoides ssp. viminea, in stoneana (Jennifer’s monardella), the which the subspecies was split into two change in taxonomy and recognition of retention of M. viminea as endangered, the species split. First, we will refer to distinct full species, Monardella the designation of critical habitat for M. viminea (willowy monardella) and willowy monardella as Monardella viminea under the Act (16 U.S.C. 1531 viminea. Second, the range, description, Monardella stoneana (Jennifer’s et seq.), and our conclusion that M. monardella). Because the original and the magnitude and immediacy of stoneana does not meet the definition of threats to the listed entity (now M. subspecies, Monardella linoides ssp. endangered or threatened under the Act. viminea, was listed as endangered viminea) have changed. A map of the For more information on the biology distributions of the two species, M. under the Endangered Species Act of and ecology of M. viminea and M. 1973, as amended (Act), we reviewed viminea and M. stoneana, is provided in stoneana, refer to the final listing rule Figure 1, below. Third, those and updated the threats analysis that we published in the Federal Register on completed for the taxon in 1998, when individuals now recognized as October 13, 1998 (63 FR 54938) and the M. stoneana, which are identified as it was listed as a subspecies. We also critical habitat rule published November reviewed the status of the new species, morphologically and ecologically 8, 2006 (71 FR 65662). For new distinct from the listed entity Monardella stoneana. We retain the information specific to M. viminea and listing status of Monardella viminea as (M. viminea), are no longer afforded M. stoneana, including species protections by the Act under the name endangered, and we remove protections descriptions, distributions, taxonomic afforded by the Act from those M. viminea. ranks, and nomenclature, as well as new In this final rule, we present the individuals now recognized as the information on soils, potential separate species, Monardella stoneana, results of a status review for Monardella pollinators, and current threats to the viminea in consideration of its changed because the new species does not meet two species not included in our original morphological and ecological the definition of endangered or listing or critical habitat rules for M. description and diminished range. We threatened under the Act. We also revise linoides ssp. viminea, refer to the also present our revised designation of designated critical habitat for proposed rule to designate revised critical habitat for M. viminea. Finally, Monardella viminea. In total, critical habitat for M. viminea published we present the results of our status approximately 122 acres (50 hectares) in in the Federal Register on June 9, 2011 review for those plants previously San Diego County, California, fall (76 FR 33880). For information on the protected under the Act as M. viminea, within the boundaries of the critical associated draft economic analysis for and that are now identified as M. habitat designation. We are not the proposed rule to designate revised stoneana, and conclude M. stoneana designating critical habitat for critical habitat, refer to the document does not meet the definition of Monardella stoneana because this published in the Federal Register on endangered or threatened under the Act. species does not warrant listing under September 28, 2011 (76 FR 59990). We first proposed recognizing the the Act. taxonomic classification of Monardella DATES: This rule becomes effective on Procedural Aspects of This Rule linoides ssp. viminea as a distinct April 5, 2012. In 2003, Elvin and Sanders proposed species (M. viminea) and reclassifying a ADDRESSES: This final rule and the a taxonomic split of the previously portion of Monardella linoides ssp. associated final economic analysis are listed entity Monardella linoides ssp. viminea as a separate species available on the Internet at http:// viminea into two distinct species. The (M. stoneana) in the proposed listing www.regulations.gov. Comments and Service initially disagreed with the and revised critical habitat rule materials received, as well as supporting segregation and classification of M. published in the Federal Register on documentation used in preparing this stoneana as a distinct species due to June 9, 2011 (76 FR 33880). Based on final rule, are available for public lack of sufficient supportive evidence the information presented in the inspection, by appointment, during presented by Elvin and Sanders (Bartel proposed rule (see Taxonomic and normal business hours, at the U.S. Fish and Wallace 2004, pp. 1–3), but upon Nomenclatural Changes Affecting and Wildlife Service, Carlsbad Fish and review of corroborating genetic analysis Monardella linoides ssp. viminea of the VerDate Mar<15>2010 17:36 Mar 05, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\06MRR2.SGM 06MRR2 tkelley on DSK3SPTVN1PROD with RULES2 Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Rules and Regulations 13395 proposed rule (76 FR 33880, June 9, Endangered and Threatened Plants at 50 ‘‘Monardella viminea (willowy 2011)), and acceptance by the scientific Code of Federal Regulations (CFR) monardella).’’ community, we finalize the taxonomic 17.12(h) to identify the listed entity as BILLING CODE 4310–55–P change and amend the List of BILLING CODE 4310–55–C location of Monardella viminea plants. the ‘‘element occurrences’’ (EOs) as New Information on Occurrences of In this context, we are referring to point described by the California Department Monardella viminea and Monardella locations that contain one or more of Fish and Game (CDFG) in the stoneana M. viminea individuals or to polygons California Natural Diversity Database representing the boundaries of clumps (CNDDB). Utilizing EOs to describe In this document we use the word of plants. These point locations or locations of M. viminea plants in our ‘‘occurrence’’ when describing the polygons may include one or more of listing and critical habitat analyses is VerDate Mar<15>2010 16:43 Mar 05, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\06MRR2.SGM 06MRR2 tkelley on DSK3SPTVN1PROD with RULES2 ER06MR12.000</GPH> 13396 Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Rules and Regulations consistent with terminology used by the we considered 20 occurrences to be those 11 extant occurrences have since Service in previous rules for this extant in the United States (see Table 1) been extirpated, again in the range of M. species. It also provides clarity in (63 FR 54938, October 13, 1998). As of viminea. Additionally, as a result of referencing clumps of plants in canyons 2008, 9 occurrences were considered taxonomic changes, the two that may be referred to by multiple or extirpated, leaving 11 extant southernmost element occurrences changing names. In all other respects in occurrences (Service 2008, p. 5). All previously considered M. linoides ssp. this document, ‘‘element occurrence’’ or nine extirpated occurrences were in viminea were reclassified as M. ‘‘occurrence’’ references are those from central San Diego County in the range stoneana after the 2008 5-year review, the cumulative data of the CNDDB of what is now considered to be M. leaving seven extant occurrences of (2011a, EOs 1–31). viminea. Based on updated information M. viminea (see Table 1). We now As discussed in the June 9, 2011, from Marine Corps Air Station (MCAS) consider an eighth occurrence to be proposed rule (76 FR 33880), when we Miramar (Kassebaum 2010, pers.