Federal Register / Vol. 68, No. 52 / Tuesday, March 18, 2003 / Rules and Regulations 12863 * * * * * SUPPLEMENTARY INFORMATION: observable above-ground plants (Given 1994). The number and location of Dated: March 7, 2003. Background Craig Manson, standing plants in a population with a Sidalcea keckii (Keck’s persistent seed bank may vary annually Assistant Secretary for Fish and Wildlife and checkermallow) is an annual herb of the Parks. due to a number of factors, including mallow family (Malvaceae). The species the amount and timing of rainfall, [FR Doc. 03–6133 Filed 3–17–03; 8:45 am] grows 15 to 33 centimeters (cm) (6 to 13 temperature, soil conditions, and the BILLING CODE 4310–55–C inches (in)) tall, with slender, erect extent and nature of the seed bank. As stems that are hairy along their entire the depository from which each new length. Leaves towards the base of the DEPARTMENT OF THE INTERIOR generation of plants must grow, such plant have a roughly circular outline, seed banks are extremely important for Fish and Wildlife Service and seven to nine shallow lobes an annual species’ long-term survival in arranged somewhat like the fingers of a an area, and may maintain a population 50 CFR Part 17 hand (palmate). Leaves farther up the through years in which few or no above- plant have fewer lobes which are more ground plants can grow or survive RIN 1018-AG93 deeply divided. Both types of leaves (Baskin and Baskin 1978). also have irregular serrations at their The primary pollinators of Sidalcea Endangered and Threatened Wildlife margins forming ‘‘teeth.’’ The plant keckii are unknown, but two related and Plants; Final Designation of flowers in April and early May, California species of Sidalcea (S. Critical Habitat for Sidalcea keckii producing five petalled flowers that are oregana ssp. spicata and S. malviflora (Keck’s checkermallow) either solid pink or pink with a maroon ssp. malviflora) are pollinated primarily AGENCY: Fish and Wildlife Service, center. Petals are 1 to 2 cm (0.4 to 0.8 by various species and families of Interior. in) long, and are often shallowly solitary bees, bumble bees, and bee flies ACTION: Final rule. notched at their outermost margins. (Ashman and Stanton 1991; Graff 1999). Below the petals is a smaller calyx Many bees of the solitary bee genus SUMMARY: We, the U.S. Fish and (cuplike structure) formed by five Diadasia specialize in collecting pollen Wildlife Service (Service), designate narrow green sepals (modified leaves). solely from members of the Malvaceae critical habitat pursuant to the Each sepal is 8 to 11 millimeters (mm) family (Service 1998). Endangered Species Act of 1973, as (0.3 to 0.4 in) long, and may have a Sidalcea keckii is endemic to amended (Act), for Sidalcea keckii maroon line running down its center. California and grows in relatively open (Keck’s checkermallow). Approximately Below the calyx are bracts (modified areas on grassy slopes of the Sierra 438 hectares (ha) (1,085 acres (ac)) are leaflike structures), which are much foothills in Fresno and Tulare counties. designated in California, consisting of shorter than the sepals and are either It is associated with serpentine soils three separate units: one unit in Fresno undivided or divided into two (Kirkpatrick 1992; Cypher 1998), which County, 206 ha (510 ac), and two units threadlike lobes. Sidalcea keckii is are unusually low in nutrients and high in Tulare County, one of 86 ha (213 ac) distinguished from other members of its in heavy metals. These soil properties and one of 146 ha (362 ac). This critical genus by the maroon lines on its sepals, tend to restrict the growth of many habitat designation provides additional its much shorter bracts, and by stems competing plants (Brooks 1987). As protection under section 7 of the Act which are hairy along their entire length with many serpentine species, S. keckii with regard to actions carried out, (Kirkpatrick 1992; Shevock 1992; Hill appears to compete poorly with densely funded, or authorized by a Federal 1993). growing non-native annual grasses agency. Section 4 of the Act requires us Sidalcea keckii fruit consist of four to (Stebbins 1992; Weiss 1999). to consider economic and other relevant five wedge-shaped sections arranged in The primary reason so much remains impacts when specifying any particular a disk. The sections measure 3 to 4 mm unknown about Sidalcea keckii is that area as critical habitat. We solicited data (0.1 to 0.2 in) across, and each contains after botanists first collected samples and comments from the public on all a single seed (Abrams 1951; Hill 1993; from a site near White River, Tulare aspects of our proposal, including data Cypher 1998). Sections mature and County in 1935, 1938, and 1939 on economic and other impacts of the separate in May, but their methods of (Wiggins 1940; California Natural designation. dispersal, other than gravity, are Diversity Database (CNDDB) 2001), it currently unknown (Cypher 1998). Also was not collected or observed by DATES: This rule becomes effective on unknown are the seeds’ requirements botanists again for over 50 years. A April 17, 2003. for germination (sprouting) in the wild, possible reason for this includes the ADDRESSES: Comments and materials their typical germination dates, and how somewhat vague description of the received, as well as supporting long the seeds remain viable in the soil. White River site (Wiggins 1940). documentation used in the preparation Based on other Malvaceae species, and Searches at the site may also simply of this final rule, will be available for on recent observations of extreme yearly have been conducted during poor years public inspection, by appointment, fluctuations in numbers of above- when few above-ground plants had during the normal business hours at the ground plants, it is likely that S. keckii germinated from the seed bank (S. Hill, Sacramento Fish and Wildlife Office, seeds remain viable for several years in litt., 1997). Now that botanists have U.S. Fish and Wildlife Service, 2800 and form a persistent soil seed bank (W. a better understanding of what Cottage Way, Suite W–2605, Moise as in E. Cypher, Endangered constitutes appropriate habitat for the Sacramento, CA 95825. Species Recovery Program, California species, based on the discovery of FOR FURTHER INFORMATION CONTACT: State University, in litt., 1999; S. Hill, additional sites (see below), it is Kirsten Tarp or Susan Moore, Illinois Natural History Survey, pers. possible that future surveys may Sacramento Fish and Wildlife Office, comm., 2002 ). Persistent seed banks relocate S. keckii at the White River site. U.S. Fish and Wildlife Service consist of all the viable seeds left Initial visits to the site have already (telephone 916/414–6600; facsimile ungerminated in the soil longer than a identified areas of likely habitat (J. 916/414–6710; [email protected] or single growing season, and typically Stebbins, Herbarium Curator, California [email protected]). extend over a much greater area than the State University, pers. comm., 2002). VerDate Jan<31>2003 16:08 Mar 17, 2003 Jkt 200001 PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 E:\FR\FM\18MRR1.SGM 18MRR1 12864 Federal Register / Vol. 68, No. 52 / Tuesday, March 18, 2003 / Rules and Regulations Sidalcea keckii was presumed extinct in grazing during months of flowering, species in that NOR, as well as in until it was rediscovered in 1992 at a seed-set, or seed maturation, could subsequent NORs published September site near Mine Hill in Tulare County potentially reduce local population 19, 1997 (62 FR 49398), and October 25, (Stebbins 1992). The Mine Hill viability and thereby affect long term 1999 (64 FR 57533). population contained about 60 plants conservation. The plant’s low On July 28, 1997, we published a growing on private land around a population numbers, particularly at proposed rule to list Sidalcea keckii as serpentine rock outcrop on 20 to 40 Mine Hill, leave it vulnerable to random an endangered species under the Act (62 percent slopes at about 229 meters (m) environmental events such as extreme FR 40325). On June 17, 1999, our failure (750 feet (ft)) in elevation. Associated weather, disease, or insect infestations to issue a final rule and to make a plants included Achyrachaena mollis (Shaffer 1981, 1987; Menges 1991). The critical habitat determination for S. (blow-wives), Bromus madritensis ssp. isolation of S. keckii populations keckii was challenged in Southwest rubens (red brome), Lepidium nitidum exacerbates these vulnerabilities by Center for Biological Diversity, et al., v. (shining peppergrass), Senecio vulgaris reducing the likelihood of U.S. Fish and Wildlife Service, et al. (common groundsel), Plantago erecta recolonization of extirpated (N.D. Cal) (Case No. C99–2992 CRB). On (California plantain), and Silene gallica populations. Inbreeding depression and February 16, 2000, we published a final (windmill pink) (Kirkpatrick 1992; loss of genetic variability may also be rule listing S. keckii as an endangered Cypher 1998). We have received causes for concern in such small species (65 FR 7757). A May 22, 2000, information that the standing isolated populations (Ellstrand and court order, based on a joint stipulation population at Mine Hill may have been Elam 1993). with the plaintiffs, required us to extirpated by conversion of the habitat complete a proposed critical habitat Previous Federal Action to an orange grove (J. Stebbins, in litt., designation by September 30, 2001. The 2002). Much of the area around the Federal action on Sidalcea keckii court extended the deadline to propose original population at Mine Hill remains began when the Secretary of the critical habitat for this species, based on potentially viable however, and may Smithsonian Institution, as directed by a further settlement agreement reached contain a seed bank or standing plants.