Pallid Manzanita), a Plant from the Traditionally Been Among the Least They Are Interested in Joining This Effort

Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules 39309 there were about 210 fatalities to concern, including joining in promoting area of highway safety or dealing with occupants of pickup cargo beds each the adoption and enforcement of State State and Federal government can get a year. The number of deaths each year laws restricting people from riding in bill introduced in the State legislature shows remarkably little variation, pickup cargo beds and joining in a and pass one of the two houses easily beginning with 213 fatalities in 1983 public education campaign on this on its first hearing, and move the and concluding with 211 fatalities in subject. Federal government to put together a 1993. While the total size of the problem Having this understanding with the coalition of parties to try to address the of injuries and fatalities to cargo bed pickup manufacturers was encouraging, issue on a National level. These occupants is small in the context of but NHTSA believed it needed to accomplishments can be traced to a overall traffic safety (about one-half of involve more potential partners in this single citizen working out of her house one percent of annual motor vehicle effort if it was to be successful. with no funding, no list of members for fatalities), the relative constancy of the Accordingly, the agency contacted the whom she purported to speak—nothing number over this decade suggests that it National Automobile Dealers more than her dedication to this issue has not been much affected by the many Association to see if they would join in and her ability to present clear, safety improvements made to pickups the effort to address this problem. The reasonable, and articulate arguments for during that decade, nor has it been dealers’ organization agreed. Also, the why some action was necessary. much affected by the changes in National PTA had written a letter to Issued on July 27, 1995. personal behavior by vehicle occupants NHTSA in support of Karen Slay’s during that decade, such as significant petition. NHTSA contacted the National Barry Felrice, increases in safety belt use by occupants PTA to see if it would agree to Associate Administrator for Safety and significant decreases in drunk and participate in an information campaign Performance Standards. drugged driving. This suggests it may be on the hazards of riding in cargo beds, [FR Doc. 95–19024 Filed 8–1–95; 8:45 am] appropriate for NHTSA to try a new and the National PTA agreed to do so. BILLING CODE 4910±59±M approach specifically targeted to reduce NHTSA held a news conference on injuries and deaths to passengers in May 25, 1995 to announce this new cargo beds. NHTSA granted Ms. Slay’s cooperative effort to reduce injuries and DEPARTMENT OF THE INTERIOR petition on January 25, 1995, to allow deaths in pickup truck cargo beds. This for a full and careful consideration of cooperative effort will rely on the slogan Fish and Wildlife Service the issues raised. ‘‘Kids Aren’t Cargo’’ to raise the public’s However, the grant of the petition did awareness about this safety risk. NHTSA 50 CFR Part 17 not mean the agency endorsed Ms. has followed this up by including some RIN 1018±AD35 Slay’s suggested solution to the ‘‘Kids Aren’t Cargo’’ materials in the problem. The fatality data show that Campaign Safe and Sober materials Endangered and Threatened Wildlife most of the fatalities in pickup cargo made available to all of the States and and Plants; Proposed Threatened beds are teenagers or young adults aged by contacting national organizations Status for Arctostaphylos Pallida 20–29. People in these age groups have other than the National PTA to see if (Pallid Manzanita), a Plant From the traditionally been among the least they are interested in joining this effort. Northern Diablo Range of California receptive to safety warnings on labels. Since manufacturers and others have AGENCY: Fish and Wildlife Service, This information raises doubts about the already voluntarily committed to join in Interior. effectiveness of a warning label as a a broad-based effort to reduce the solution to this problem. injuries and deaths to occupants of ACTION: Proposed rule. Given all of this information, NHSTA cargo beds, there is no reason to proceed SUMMARY: The Fish and Wildlife Service sought a creative alternative to address with consideration of a regulatory (Service) proposes to list Arctostaphylos this safety risk outside of the traditional requirement to achieve that same goal. pallida (pallid manzanita) as a regulatory process. NHTSA began by Accordingly, the rulemaking action threatened species, pursuant to the sending a letter to each of the pickup associated with the January 25, 1995 Endangered Species Act of 1973, as manufacturers asking for their reaction grant of Karen Slays’s petition for amended (Act). This plant species is to Karen Slay’s petition and her rulemaking is hereby terminated. found only in the northern Diablo Range suggested solution to the problem. This termination should not be of California in Alameda and Contra Although the manufacturers did not misinterpreted. If at some point in the Costa Counties. The species is agree with labeling their trucks, they did future it becomes clear that the ‘‘Kids threatened by shading and competition agree with Ms. Slay that something Aren’t Cargo’’ campaign has not ought to be done. All of the pickup achieved its purpose, the agency will from native and non-native plants, fire manufacturers agreed to voluntarily evaluate all of its options to reduce suppression, habitat fragmentation, include clear language in each pickup injuries and deaths to occupants in hybridization, disease, herbicide owner’s manual warning against riding cargo areas, including possible spraying, unauthorized tree cutting, in beds. Chrysler, Ford, and General regulatory requirements. At this time, inadequate regulatory mechanisms, and Motors, whose vehicles collectively however, the agency believes the ‘‘Kids stochastic events by virtue of the small comprise more than 86 percent of Aren’t Cargo’’ campaign represents an isolated nature of the remaining annual pickup sales in the U.S., went a approach that is more likely to address populations. This proposal, if made step further. These three manufacturers effectively this safety risk than a final, would extend Federal protection agreed to provide a simple and uniform regulatory approach would be. and recovery provisions afforded by the warning about the hazards of riding in Therefore, rulemaking action on the Act for this species. cargo areas in the owner’s manuals for Slay petition is terminated. DATES: Comments from all interested each of their vehicles starting no later The agency would like to close by parties must be received by October 9, than the 1997 model year. All of the expressing its appreciation to Ms. Slay 1995. Public hearing requests must be pickup manufacturers also committed to for her petition and her work in this received by September 25, 1995. join in a broad-based effort to raise the area. It is rare that an individual citizen ADDRESSES: Comments and materials public’s awareness of this safety with no previous involvement in the concerning this proposal should be sent 39310 Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules to the Field Supervisor, U.S. Fish and Counties, California. Arctostaphylos Previous Federal Action Wildlife Service, 2800 Cottage Way, pallida is a member of the A. andersonii Federal government action on this Room E–1803, Sacramento, California complex, a group of Arctostaphylos species began as a result of section 12 95825–1846. Comments and materials species found in central coastal of the Endangered Species Act of 1973, received and information used to California. The species is considered by as amended (16 U.S.C. 1531 et seq.), support this proposal will be available some taxonomists to be A. andersonii which directed the Secretary of the for public inspection, by appointment, var. pallida Adams ex McMinn (Amme Smithsonian Institution to prepare a during normal business hours at the and Havlik 1987a); McMinn reduced the report on those plants considered to be above address. species to the varietal level in 1939. endangered, threatened, or extinct in the FOR FURTHER INFORMATION CONTACT: Dale However, Wells (1993) treats the species United States. This report, designated as Pierce, Assistant Field Supervisor, as A. pallida. House Document No. 94–51, was Arctostaphylos pallida is an upright, Sacramento Field Office (see ADDRESSES presented to Congress on January 9, non-burl-forming shrub in the heath section) (telephone 916/979–2710; 1975, and included Arctostaphylos family (Ericaceae). Arctostaphylos facsimile 916/979–2723). pallida (as Arctostaphylos andersonii pallida grows from 2 to 4 m (6.5 to 13.0 var. pallida) as endangered. The Service SUPPLEMENTARY INFORMATION: ft) high or more with rough, gray or published a notice in the July 1, 1975, Background reddish bark. The twigs are bristly. The ovate to triangular leaves are bristly, Federal Register (40 FR 27823) of its Arctostaphylos pallida (pallid strongly overlapping, and clasping; they acceptance of the report of the manzanita) is found only in the are 2.5 to 4.5 centimeters (cm) (1.0 to 1.8 Smithsonian Institution as a petition northern Diablo Range of California. The inches (in.)) long and 2 to 3 cm (0.8 to within the context of section 4(c)(2) Diablo Range is part of the inner South 1.2 in.) wide. The dense, white flowers (petition provisions are now found in Coast Range of California. The Diablo are urn-shaped and 6 to 7 millimeters section 4(b)(3) of the Act) and its Range extends in a northwest to (mm) (0.2 to 0.3 in.) long. Flowering intention thereby to review the status of southeast direction as a more or less period is from December to March. the plant taxa named therein. The above continuous mountain chain, 32 to 48 Arctostaphylos tomentosa ssp. taxon was included in the July 1, 1975, kilometers (km) (20 to 30 miles (mi)) crustacea commonly co-occurs with A. notice. On June 16, 1976, the Service wide, for approximately 300 km (190 pallida but is a burl-forming species published a proposal (42 FR 24523) to mi) from San Pablo Bay in central with spreading leaves (Amme et al. no determine approximately 1,700 vascular California to Polonio Pass in northeast date, Wells 1993). plant species to be endangered species San Luis Obispo County. The altitude of Arctostaphylos pallida continues to pursuant to section 4 of the Act. The list the Diablo Range varies from 600 to occupy its original range in Alameda of 1,700 plant taxa was assembled on 1,280 meters (m) (2,000 to 4,200 feet (ft)) and Contra Costa Counties, where it is the basis of comments and data received and is broken by four or five east to west known from approximately 13 by the Smithsonian Institution and the passes. These passes divide the Diablo populations. The two largest Service in response to House Document Range into several distinct units: Contra populations are located at Huckleberry No. 94–51 and the July 1, 1975, Federal Costa Hills, Mt. Diablo, Mt. Hamilton Ridge, the type locality in Alameda and Register publication. Arctostaphylos Range, Panoche Hills, San Carlos Range, Contra Costa Counties, and at Sobrante pallida was included in the June 16, and Estrella Hills (Sharsmith 1982). Ridge in Contra Costa County. Several 1976, publication. Arctostaphylos pallida occurs in the other small, natural and planted General comments received in Contra Costa Hills section of the Diablo populations occur in Alameda and relation to the 1976 proposal were Range. Contra Costa Counties. The species is summarized in the April 26, 1978, Portions of the Diablo Range are found from 200 to 445 m (656 to 1,460 Federal Register (43 FR 17909). The thought to have been surrounded by ft) in elevation, primarily on thin soils Endangered Species Act Amendments marine embayments since the middle composed of chert and shale (Amme of 1978 required that all proposals over Miocene era, when modern flora and and Havlik 1987a). Generally, the plants 2 years old be withdrawn. A 1-year fauna were developing (Sharsmith are found in manzanita chaparral grace period was given to those 1982). Much of the surface of the Diablo habitat that frequently is surrounded by proposals already more than 2 years old. Range is comprised of rock in the oak woodlands and coastal scrub In a December 10, 1979, notice (44 FR Franciscan series. The soils formed from (Amme et al. no date). The two largest 70796), the Service withdrew the June 6, Franciscan rock are believed to control occurrences occupy an area of 1976, proposal along with four other partially the present distribution of approximately 34 hectares (ha) (82 acres proposals that had expired. plant species in the Diablo Range (ac)). These two populations are found The Service published a Notice of (Sharsmith 1982). Serpentine rock, in maritime chaparral, a habitat with Review for plants on December 15, 1980 which is a frequent component of mesic soil conditions and a maritime (45 FR 82480). This notice included Franciscan rock, yields a soil rich in influence. Many of the smaller Arctostaphylos pallida as a Category 1 heavy metals and low in the nutrients populations occur in coastal scrub (B. candidate species for Federal listing. required for plant growth (Kruckeberg Olson, East Bay Chapter, California Category 1 taxa are those for which the 1984). Because of the distinctive Native Plant Society (CNPS), in litt. Service has on file sufficient serpentine soil and the long exposure of 1994). Arctostaphylos pallida is information on biological vulnerability this land mass to colonization by plants, threatened by shading and competition and threats to support preparation of a distinctive group of plant species has from other plant species, fire listing proposals. On November 28, developed in the Diablo Range. suppression, hybridization with other 1983, the Service published a Alice Eastwood described Arctostaphylos species, herbicide supplement to the Notice of Review (48 Arctostaphylos pallida in 1933 from spraying, habitat fragmentation resulting FR 53640). This supplement changed specimens collected in 1902 by W.W. from past housing and road this taxon from a Category 1 to a Carruth in the ‘‘East Oakland Hills.’’ construction, unauthorized tree cutting, Category 2 candidate species. Category 2 This area is believed to be Huckleberry fungal disease, inadequate regulatory taxa are those for which data in the Ridge in Alameda and Contra Costa mechanisms, and stochastic events. Service’s possession indicate listing is Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules 39311 possibly appropriate, but for which thought to be smaller due to habitat has listed Arctostaphylos pallida as an sufficient data on biological fragmentation by urbanization (B. endangered species under the California vulnerability and threats are not Olson, CNPS, in litt. 1994). The Endangered Species Act (chapter 1.5 currently known or on file to support distribution of A. pallida consists of 2 § 2050 et seq. of the California Fish and proposed rules. The plant notice was large populations and approximately 11 Game Code, and title 14 California Code revised on September 27, 1985 (50 FR smaller populations in Alameda and of Regulations 670.2). Listing by the 39526). Arctostaphylos pallida was Contra Costa Counties, California. Both State of California requires individuals again included as a Category 2 large populations occur on lands owned to obtain a memorandum of candidate species. In the revision of the by the East Bay Regional Park District understanding with the California plant notice published on February 21, (EBRPD) (Amme and Havlik 1987b) Department of Fish and Game (CDFG) to 1990 (55 FR 6184), A. pallida was with the smaller populations occurring possess or ‘‘take’’ a listed species. included as a Category 1 candidate on other park lands or on privately Although the ‘‘take’’ of State-listed species. In the revision of the plant owned land (B. Olson, in litt. 1994). Up plants is prohibited (California Native notice published on September 30, 1993 to 50 percent of the original A. pallida Plant Protection Act, chapter 10, (58 FR 51144), this category remained population on Huckleberry Ridge, division 2, § 1908 and California unchanged. which occurs in both Alameda and Endangered Species Act, chapter 1.5, Section 4(b)(3)(B) of the Act requires Contra Costa Counties, has been division 3, § 2080), State law exempts the Secretary to make findings on developed for housing or is privately the taking of such plants via habitat petitions within 12 months of their owned. This residential development modification or land use changes by the receipt. Section 2(b)(1) of the 1982 has eliminated a large number of A. owner. After CDFG notifies a landowner amendments further requires that all pallida plants and fragmented and that a State-listed plant grows on his or petitions pending on October 13, 1982, reduced the amount of habitat at this her property, State law only requires be treated as having been newly site (Amme and Havlik 1987b). Splitting that the landowner notify the agency ‘‘at submitted on that date. This was the the habitat into smaller, more isolated least 10 days in advance of changing the case for Arctostaphylos pallida because units has and may further alter the land use to allow salvage of such a the 1975 Smithsonian report had been physical environment of the habitat, plant’’ (Native Plant Protection Act, Fish accepted as a petition. On October 13, changing the amount of incoming solar and Game Code, chapter 10, § 1900 et 1982, the Service found that the radiation, water, wind, or nutrients for seq.). petitioned listing of this species was the remnant vegetation (Saunders et al. The California Environmental Quality warranted but precluded by other 1991). In addition, a higher proportion Act (CEQA) requires full disclosure of pending listing actions, in accordance of these fragmented natural areas is the potential environmental impacts of with section 4(b)(3)(B)(iii) of the Act; subject to influences of external factors proposed projects. The public agency notification of this finding was (e.g., invasion of non-native plants, foot with primary authority or jurisdiction published on January 20, 1984 (49 FR traffic, and increased erosion) that over the project is designated as the lead 2485). Such a finding requires the disrupt natural ecosystem processes. agency and is responsible for petition to be recycled annually, B. Overutilization for commercial, conducting a review of the project and pursuant to section 4(b)(3)(C)(i) of the recreational, scientific, or educational consulting with the other agencies Act. The finding was reviewed in purposes. Although this species is not concerned with the resources affected October of 1983 through 1992. In 1993, known to be sought after by collectors, by the project. Section 15065 of the the Service found that the petitioned A. pallida is commercially cultivated CEQA Guidelines requires a finding of listing of Arctostaphylos pallida was (Wells 1993). Many members of this significance if a project has the potential again warranted but precluded by other genus are considered desirable for to ‘‘reduce the number or restrict the higher priority listing actions. landscape use and are collected for range of a rare or endangered plant or Publication of this proposal constitutes cultivation. Overutilization is not animal.’’ Species that are eligible for the final finding for the petitioned currently known to be a threat to this listing as rare, threatened, or action for this species. species, but unrestricted collecting for endangered but are not so listed are scientific or horticultural purposes or given the same protection as those Summary of Factors Affecting the excessive visits by individuals species that are officially listed with the Species interested in seeing rare plants could State or Federal governments. Once Section 4 of the Endangered Species result from increased publicity as a significant effects are identified, the Act (Act) and regulations (50 CFR part result of this proposal. lead agency has the option to require 424) promulgated to implement the C. Disease or predation. mitigation for effects through changes in listing provisions of the Act set forth the Approximately 50 percent of the the project or to decide that overriding procedures for adding species to the Huckleberry Ridge population of considerations make mitigation Federal lists. A species may be Arctostaphylos pallida was affected by infeasible. In the latter case, projects determined to be endangered or a fungal infection in the 1980’s that may be approved that cause significant threatened due to one or more of the attacked the roots of the plants, causing environmental damage, such as five factors described in section 4(a)(1). branch and stem dieback (Amme and destruction of endangered species. These factors and their application to Havlik 1987a, CDFG 1987). This Protection of listed species through Arctostaphylos pallida Eastw. (pallid population remains in poor condition CEQA is, therefore, dependent upon the manzanita) are as follows: (Amme and Havlik 1987a). If the wet, discretion of the lead agency. A. The present or threatened cold weather conditions that induced CDFG and EBRPD jointly developed destruction, modification, or the fungal infection are repeated, the Alameda Manzanita Management curtailment of their habitat or range. another infection could occur, resulting Plan in 1987. This plan has not, The current range of Arctostaphylos in reduced vigor of the population (D. however, been adopted completely. The pallida is unchanged from what was Amme, pers. comm. 1994). mission of the plan was to determine known to exist at the time the species D. The inadequacy of existing and implement management activities was described in 1933; however, the regulatory mechanisms. The State of that would improve the condition of the present populations of this species are California Fish and Game Commission species and help in its recovery (Amme 39312 Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules and Havlik 1987b). Currently, EBRPD is fire or other disturbance, regeneration protection and; (ii) specific areas reducing the amount of flammable dead occurs from seed rather than from burls. outside the geographical area occupied plant material in the Huckleberry Ridge The accumulated leaf and bark litter, by a species at the time it is listed, upon population (E. Leong, EBRPD, pers. fallen fruits, and roots of Arctostaphylos a determination that such areas are comm. 1994). The reduction in plant species, however, have a self-inhibitory essential for conservation of the species. litter, in turn, has helped to stimulate effect on seed germination (Amme and ‘‘Conservation’’ means the use of all germination of the species (D. Amme, Havlik 1987b). Fire is believed to methods and procedures needed to pers. comm. 1994). remove these toxic materials and bring the species to the point at which E. Other natural or manmade factors promote subsequent germination of listing under the Act is no longer affecting their continued existence. Arctostaphylos and other herbs and necessary. Fragmentation of Arctostaphylos pallida shrubs (Amme et al. no date). Fire also Section 4(a)(3) of the Act, as habitat caused by residential is necessary to the species to recycle amended, and implementing regulations development at Huckleberry Ridge has limited nutrients in the soil (Amme and (50 CFR 424.12) require that, to the also resulted in introduced exotic Havlik 1987b). maximum extent prudent and landscape and weedy plant species that The roadside spraying of herbicides determinable, the Secretary designate compete with the remnant population has had negative effects on regeneration critical habitat at the time the species is (Amme and Havlik 1987b). Although no of Arctostaphylos pallida along Skyline listed. The Service finds that current residential construction Boulevard (Amme and Havlik 1987a). designation of critical habitat is not threatens the remaining Huckleberry Unauthorized tree cutting also poses a prudent for this species at this time. Ridge populations of A. pallida, the threat to A. pallida. At least two mature Service regulations (50 CFR populations of fewer than 10 plants in A. pallida plants have been killed by 424.12(a)(1)) state that designation of this area are threatened by stochastic unauthorized cutting of eucalyptus critical habitat is not prudent when one events due to the small number of trees, for unknown purposes, that or both of the following situations plants in combination with competition subsequently fell on the A. pallida exist—(1) The species is threatened by plants (Amme and Havlik 1987b). with aggressive plant species and loss of taking or other human activity, and The Service has carefully assessed the habitat from past urbanization. These identification of critical habitat can be best scientific and commercial expected to increase the degree of threat small populations are threatened by information available regarding the past, shading from planted eucalyptus to the species, or (2) such designation of present, and future threats faced by critical habitat would not be beneficial (Eucalyptus sp.), Monterey pines (Pinus Arctostaphylos pallida in determining radiata), and cypresses (Cupressus sp.) to the species. to propose this rule. This species is not Arctostaphylos pallida faces and by competition with aggressive non- now in immediate danger of extinction anthropogenic threats (see Factors A native plant species including French throughout all or a significant portion of and E in ‘‘Summary of Factors Affecting broom (Cytisus monspessulanus), its range. Arctostaphylos pallida exists the Species’’) and occurs entirely on periwinkle (Vinca major), and German as 2 major and 11 small occurrences and non-Federal land. All of the 13 ivy (Senecio mikanioides) (Amme et al. is located almost entirely on EBRPD occurrences of A. pallida are located no date). property. The largest occurrences of A. near or adjacent to residential areas and The genetic integrity of pallida are protected from habitat loss public roads. The publication of precise Arctostaphylos pallida is threatened by resulting from urbanization or land use maps and descriptions of critical habitat hybridization resulting from the conversion. However, A. pallida is in the Federal Register would make this introduction of other species of threatened by shading and competition plant vulnerable to incidents of Arctostaphylos into the vicinity of A. from native and non-native plant vandalism and, therefore, could pallida populations (D. Amme, pers. species, fire suppression, hybridization, contribute to the decline of the species. comm. 1994). At least three other herbicide spraying, disease, tree cutting, Although this species is not known to species of Arctostaphylos have been habitat fragmentation resulting from be sought after by collectors, A. pallida used for landscaping on Manzanita past urbanization, stochastic events, and is commercially cultivated (Wells 1993). Way, a road that borders the inadequate regulatory mechanisms. Many members of this genus are Huckleberry Ridge Preserve. Although not in immediate danger of considered desirable for landscape use Hybridization of A. pallida with at least extinction at this time, Arctostaphylos and are collected for cultivation. The two other species is known to have pallida is likely to become an desirability and accessibility of the occurred (Amme and Havlik 1987a). endangered species in the foreseeable species, therefore, could make the Hybridization could result in a hybrid future if the present threats persist and plants subject to collection if their manzanita swarm taking the place of A. population declines continue. As a precise location was publicized. pallida (Amme and Havlik 1987b, result, the preferred action is to list In addition, critical habitat Amme et al. no date). Arctostaphylos pallida as a threatened designation for the species is not Alteration of the natural fire regime species. Critical habitat is not being prudent due to lack of benefit. At threatens Arctostaphylos pallida by proposed for this taxon at this time, as present, all known populations occur on inhibiting seed germination and discussed below. non-Federal land, with no Federal nutrient recycling that occurs naturally action, authorization, licensing, or after fires. Fires are currently Critical Habitat funding currently occurring on these suppressed on Huckleberry Ridge and Critical habitat is defined in section 3 lands. Due to the small, fragmented Sobrante Ridge to protect the of the Act as: (i) The specific areas populations of this species, any future surrounding residential areas (D. Amme, within the geographical area occupied Federal actions, authorizations, or pers. comm. 1994; A. Olivera, Park by a species, at the time it is listed in funded projects that would appreciably Supervisor, Sobrante Ridge Preserve, accordance with the Act, on which are diminish the value of the known habitat EBRPD, pers. comm. 1994). For non- found those physical or biological for the survival and recovery of the burl-forming manzanitas such as A. features (I) essential to the conservation species may also jeopardize its pallida, fire is a necessary part of of the species and (II) that may require continued existence. A jeopardy reproduction (Keeley 1992). Following special management consideration or opinion would require formal agency Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules 39313 consultation with the Service on Alameda or Contra Costa County permits are also available for botanical virtually any federally-related project. governments, portions of the plan are in or horticultural exhibition, education Therefore, the Service finds that use by the EBRPD where the species purposes, or special purposes consistent designation of critical habitat for this occurs (D. Amme, pers. comm. 1944; Ed with the purposes of the Act. It is plant is not prudent at this time, Leong, EBRPD, pers. comm. 1994). anticipated that few trade permits because such designation would likely Listing this plant species would would ever be sought or issued because provide no benefit beyond that the necessitate development of a recovery the species is not common in the wild. species would receive by virtue of its plan. Such a plan would bring together It is the policy of the Service, designation as a threatened species. both State and Federal efforts for published in the Federal Register on Further discussion of jeopardy opinions conservation of the plant. The plan July 1, 1994 (59 FR 34272), to identify and consultation is included in the would establish a framework for to the maximum extent practicable at following section. agencies to coordinate activities and the time a species is listed those cooperate with each other in Available Conservation Measures activities that would or would not conservation efforts. The plan would set constitute a violation of section 9 of the Conservation measures provided to recovery priorities and estimate costs of Act. The intent of this policy is to species listed as endangered or various tasks necessary to accomplish increase public awareness of the effect threatened under the Act include them. It also would describe site- of this listing on proposed and ongoing recognition, recovery actions, specific management actions necessary activities within the species’ range. requirements for Federal protection, and to achieve conservation and survival of Collection, damage, or destruction of prohibitions against certain activities. the plant species. Additionally, listed species on Federal lands is Recognition through listing encourages pursuant to section 6 of the Act, the prohibited, although in appropriate and results in conservation actions by Service would be able to grant funds to cases a Federal endangered species Federal, State, and private agencies, the State for management actions permit may be issued to allow groups, and individuals. The Act promoting the protection and recovery provides for possible land acquisition of the species. collection. Arctostaphylos pallida is not and cooperation with the State and The Act and its implementing known to occur on any Federal lands; requires that recovery plans be regulations set forth a series of general however, such activities on non-Federal developed for all listed species. The prohibitions and exceptions that apply lands would constitute a violation of protection required of Federal agencies to all threatened species. All section 9, if conducted in knowing and the prohibitions against certain prohibitions of section 9(a)(2) of the Act, violation of State law or regulations or activities involving listed plants are implemented by 50 CFR 17.71, apply. in violation of State criminal trespass discussed, in part, below. These prohibitions, in part, make it law. The Service is not aware of any Section 7(a) of the Act requires illegal for any person subject to the otherwise lawful activities being Federal agencies to evaluate their jurisdiction of the United States to conducted or proposed by the public actions with respect to any species that import or export, transport in interstate that would be affected by this listing is proposed or listed as endangered or or foreign commerce in the course of a and result in a violation of section 9. threatened and with respect to its commercial activity, sell or offer for sale Questions regarding whether specific critical habitat, if any is being in interstate or foreign commerce, or activities would constitute a violation of designated. Regulations implementing remove and reduce the species to section 9 should be directed to the Field this interagency cooperation provision possession from areas under Federal Supervisor of the Service’s Sacramento of the Act are codified at 50 CFR part jurisdiction. In addition, for plants Field Office (see ADDRESSES section). 402. Section 7(a)(4) of the Act requires listed as endangered, the Act prohibits Requests for copies of the regulations Federal agencies to confer with the the malicious damage or destruction on concerning listed plants and general Service on any action that is likely to areas under Federal jurisdiction and the inquiries regarding prohibitions and jeopardize the continued existence of a removal, cutting, digging up, or permits may be addressed to the U.S. proposed species or result in damaging or destroying of such plants Fish and Wildlife Service, Ecological destruction or adverse modification of in knowing violation of any State law or Services, Endangered Species Permits, proposed critical habitat. If a species is regulation, including State criminal 911 N.E. 11th Avenue, Portland, Oregon listed subsequently, section 7(a)(2) trespass law. Section 4(d) of the Act 97232–4181 (telephone 503/231–2063; requires Federal agencies to ensure that allows for the provision of such facsimile 503/231–6243). activities they authorize, fund, or carry protection to threatened species through Public Comments Solicited out are not likely to jeopardize the regulation. The protection may apply to continued existence of such a species or this species in the future if regulations The Service intends that any final to destroy or adversely modify its are promulgated. Seeds from cultivated action resulting from this proposal will critical habitat. If a Federal action may specimens of threatened plants are be as accurate and as effective as affect a listed species or its critical exempt from these prohibitions possible. Therefore, comments or habitat, the responsible Federal agency provided that their containers are suggestions from the public, other must enter into consultation with the marked ‘‘Of Cultivated Origin.’’ Certain concerned governmental agencies, the Service. exceptions to the prohibitions apply to scientific community, industry, or any None of the populations of agents of the Service and State other interested party concerning this Arctostaphylos pallida occur on Federal conservation agencies. proposed rule are hereby solicited. lands; however, some populations occur The Act and 50 CFR 17.72 also Comments particularly are sought on protected non-Federal lands. The provide for the issuance of permits to concerning: EBRPD owns and manages the land carry out otherwise prohibited activities (1) Biological, commercial, or other where both major populations of A. involving threatened plants under relevant data concerning any threat (or lack pallida occur. The EBRPD and CDFG certain circumstances. Such permits are thereof) to Arctostaphylos pallida; jointly developed the Alameda available for scientific purposes and to (2) The location of any additional Manzanita Management Plan in 1987. enhance the propagation or survival of populations of this species and the reasons Although this plan was not adopted by the species. For threatened plants, why any habitat should or should not be 39314 Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules determined to be critical habitat as provided National Environmental Policy Act List of Subjects in 50 CFR Part 17 by section 4 of the Act; (3) Additional information concerning the The Fish and Wildlife Service has Endangered and threatened species, range, distribution, and population size of determined that Environmental Exports, Imports, Reporting and the species; and Assessments or Environmental Impact recordkeeping requirements, and (4) Current or planned activities in the Transportation. subject areas and their possible impacts on Statements, as defined under the the species. authority of the National Environmental Proposed Regulation Promulgation Policy Act of 1969, need not be The Service specifically solicits Accordingly, the Service hereby expert opinion from independent prepared in connection with regulations proposes to amend part 17 subchapter B specialists regarding pertinent scientific adopted pursuant to section 4(a) of the of chapter I, title 50 of the Code of or commercial data and assumptions Endangered Species Act of 1973, as Federal Regulations, as set forth below: relating to taxonomy, population amended. A notice outlining the models, and supportive biological and Service’s reasons for this determination PART 17Ð[AMENDED] was published in the Federal Register ecological information. 1. The authority citation for part 17 Final promulgation of the regulation on October 25, 1983 (48 FR 49244). continues to read as follows: on this species will take into consideration the comments and any References Cited Authority: 16 U.S.C. 1361–1407; 16 U.S.C. additional information received by the 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– A complete list of all references cited 625, 100 Stat. 3500, unless otherwise noted. Service, and such communications may herein is available upon request from lead to a final regulation that differs the Field Supervisor, Sacramento Field 2. Section 17.12(h) is amended by from this proposal. Office (see ADDRESSES section). adding the following, in alphabetical The Endangered Species Act provides order under FLOWERING PLANTS, to for a public hearing on this proposal, if Author the List of Endangered and Threatened requested. Requests must be received by Plants, to read as follows: September 25, 1995. Such requests must The primary author of this proposed be made in writing and be addressed to rule is Elizabeth Warne, Sacramento § 17.12 Endangered and threatened plants. the Field Supervisor, Sacramento Field Field Office (see ADDRESSES section). * * * * * Office (see ADDRESSES section). (h) * * *

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

FLOWERING PLANTS

******* Arctostaphylos Pallid manzanita ..... U.S.A. (CA) ...... EricaceaeÐHeath .T NA NA pallida.

*******

Dated: July 5, 1995. pitkinense (Pitkin Marsh lily), DATES: Comments from all interested Mollie H. Beattie, Plagiobothrys strictus (Calistoga parties must be received by October 9, Director, Fish and Wildlife Service. allocarya), Poa napensis (Napa 1995. Public hearing requests must be [FR Doc. 95–18813 Filed 8–1–95; 8:45 am] bluegrass), Sidalcea oregana ssp. valida received by September 25, 1995. BILLING CODE 4310±55±P (Kenwood marsh checkermallow), and ADDRESSES: Comments and materials Trifolium amoenum (showy Indian concerning this proposal should be sent clover) as endangered pursuant to the to the Field Supervisor, U.S. Fish and 50 CFR Part 17 Endangered Species Act of 1973, as Wildlife Service, Sacramento Field RIN 1018±AD36 amended (Act). These nine species grow Office, 2800 Cottage Way, Room E– in a variety of habitats including valley 1803, Sacramento, California 95825– Endangered and Threatened Wildlife grasslands, meadows, freshwater 1846. Comments and materials received and Plants; Proposed Endangered marshes, seeps, and broad-leaf upland will be available for public inspection, Status for Nine Plants from the forests in Marin, Napa, and Sonoma by appointment, during normal business Grasslands or Mesic Areas of the counties on the central coast of hours at the above address. Central Coast of California California. Habitat loss and degradation, FOR FURTHER INFORMATION CONTACT: Dale Pierce, Assistant Field Supervisor, AGENCY: Fish and Wildlife Service, competition from aggressive plant Sacramento Field Office (see ADDRESSES Interior. species, elimination through plant community succession, grazing, section) (telephone 916/979–2710; ACTION: Proposed rule. inadequate regulatory mechanisms, facsimile 916/979–2723). SUMMARY: The Fish and Wildlife Service collection for horticultural use, and SUPPLEMENTARY INFORMATION: (Service) proposes to list Alopecurus hydrological modifications to wetland aequalis var. sonomensis (Sonoma areas threaten the continued existence Background alopecurus), Astragalus clarianus (Clara of these plants. This proposal, if made Populations of the nine plant species Hunt’s milkvetch), Carex albida (white final, would implement the Federal in this proposed rule are found in sedge), Clarkia imbricata (Vine Hill protection and recovery provisions Sonoma County and east as far as Napa clarkia), Lilium pardalinum ssp. afforded by the Act for these plants. Valley, California. Alopecurus aequalis