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Federal Register / Vol. 61, No. 195 / Monday, October 7, 1996 / Rules 52370 Federal Register / Vol. 61, No. 195 / Monday, October 7, 1996 / Rules and Regulations the parties and the Board, the parties ranging from an informal proffer of and threatened status for two plantsÐ may request the appointment of one or evidence together with limited Verbesina dissita (big-leaved crown- more Board judges to act as a Board argument from the parties to a more beard) and Baccharis vanessae Neutral or Neutrals. The parties may formal presentation of oral and (Encinitas baccharis) throughout their request that the Board's chairman documentary evidence and argument historic range in southwestern appoint a particular judge or judges as from counsel, such as through a mini- California and northwestern Baja the Board Neutral, or ask the Board's trial. California, Mexico. These four taxa are chairman to appoint any judge or judges (3) Binding decision. One or more threatened by one or more of the as the Neutral. If, when ADR has been Board judges render a decision which, followingÐtrampling by farm workers requested for a case that has already by prior agreement of the parties, is to or recreational activities; fuel been docketed with the Board, as be binding and non-appealable. As in modification; competition from non- provided in paragraph (a)(1) of this the non-binding evaluation of a case by native plant species; and habitat section, the parties may request that the a Board Neutral, the manner in which destruction due to residential, panel chairman serve as the Board information is presented for a binding agricultural, commercial, and Neutral. In such a situation, if the ADR decision may vary depending on the recreational development. Several of is unsuccessful, circumstances of the particular case. these plant taxa are also threatened by (i) If the ADR has involved mediation, (4) Other procedures. In addition to a risk of extinction from naturally the panel chairman shall not retain the other ADR techniques, including occurring events due to their small case, and modifications to those listed in this population size and limited (ii) If the ADR has not involved section, as agreed to by the Board and distribution. This rule implements the mediation, the panel chairman, after parties, the parties may use ADR Federal protection and recovery considering the parties' views, shall techniques that do not require direct provisions afforded by the Act for these decide whether to retain the case. Board involvement. four plants. (2) Retention and confidentiality of (5) Selective use of standard EFFECTIVE DATE: November 6, 1996. materials. The Board will review procedures. Parties considering the use ADDRESSES: The complete file for this materials submitted by a party for an of ADR are encouraged to adapt for their rule is available for public inspection, ADR proceeding, but will not retain purposes any provisions in part 6101 by appointment, during normal business such materials after the proceeding is which they believe will be useful. This hours at the U.S. Fish and Wildlife concluded or otherwise terminated. includes but is not limited to provisions Service, Carlsbad Field Office, 2730 Material created by a party for the concerning record submittals, pretrial Loker Avenue West, Carlsbad, California purpose of an ADR proceeding is to be discovery procedures, and hearings. 92008. used solely for that proceeding unless the parties agree otherwise. Parties may Dated: September 26, 1996. FOR FURTHER INFORMATION CONTACT: Fred request a protective order in an ADR Robert W. Parker, Roberts, Botanist (see ADDRESSES proceeding in the manner provided in Vice Chairman. section) (telephone: 619/431-9440). 6101.12(h). [FR Doc. 96±25121 Filed 10±4±96; 8:45 am] SUPPLEMENTARY INFORMATION: (c) Types of ADR. ADR is not defined BILLING CODE 6829±AL±M by any single procedure or set of Background procedures. The Board will consider the Southern maritime chaparral is a low, fairly open chaparral typically use of any technique proposed by the DEPARTMENT OF THE INTERIOR parties which is deemed to be fair, dominated by Ceanothus verrucosus reasonable, and in the best interest of Fish and Wildlife Service (wart-stemmed ceanothus), Xylococcus the parties, the Board, and the bicolor (mission manzanita), resolution of contract disputes. The 50 CFR Part 17 Adenostoma fasciculatum var. following are examples of available obtusifolium (chamise), Quercus RIN 1018±AC01 techniques: dumosa (Nuttall's scrub oak), (1) Mediation. The Board Neutral, as Endangered and Threatened Wildlife Cneoridium dumosum (bush rue), mediator, aids the parties in settling and Plants; Determination of Rhamnus crocea (red berry), Yucca their case. The mediator engages in ex Endangered or Threatened Status for schidigera (Mojave yucca), and parte discussions with the parties and Four Southern Maritime Chaparral occasionally Dendromecon rigida (bush facilitates the transmission of settlement Plant Taxa from Coastal Southern poppy)(Holland 1986; Todd Kehler- offers. Although not authorized to California and Northwestern Baja Wolf, Plant Ecologist, California render a decision in the dispute, the California, Mexico Department of Fish and Game (CDFG), mediator may discuss with the parties, pers. comm., 1993; Dan Kelly and on a confidential basis, the strengths AGENCY: Fish and Wildlife Service, Patricia Gordon-Reedy, biologists, and weaknesses of their positions. No Interior. OGDEN, pers. comm., 1993). Southern judge who has participated in ACTION: Final rule. maritime chaparral is a plant association discussions about the mediation will that occurs only in coastal southern participate in a Board decision of the SUMMARY: The U.S. Fish and Wildlife California along the immediate coast of case if the ADR is unsuccessful. Service (Service) determines San Diego and Orange counties and (2) Neutral case evaluation. The endangered status pursuant to the northwestern Baja California, Mexico. parties agree to present to the Board Endangered Species Act of 1973, as The distribution of southern maritime Neutral information on which the Board amended (Act), for two plantsÐ chaparral in Orange County is disjunct, Neutral bases a non-binding, oral, Arctostaphylos glandulosa ssp. and the species composition is slightly advisory opinion. The manner in which crassifolia (Del Mar manzanita) and different from that found in San Diego the information is presented will vary Chorizanthe orcuttiana (Orcutt's County and Mexico (Gray and Bramlet from case to case depending upon the spineflower) throughout their historic 1992). agreement of the parties. Presentations range in southwestern California and Southern maritime chaparral is generally fall between two extremes, northwestern Baja California, Mexico; considered to be a unique and Federal Register / Vol. 61, No. 195 / Monday, October 7, 1996 / Rules and Regulations 52371 threatened plant community. It has been northwestern Baja California, Mexico. are up to 2.5 m (8.2 ft) tall), and by its estimated that about 120 hectares (ha) Baccharis vanessae occurs in southern dark gray-green leaves that are glabrate (300 acres (ac)) of southern maritime maritime chaparral in the vicinity of above and tomentulose beneath. The chaparral occurred historically in Encinitas, central San Diego County, branchlets and leaf-like bracts are non- Orange County (U.S. Fish and Wildlife California, and extends inland to Mount glandular and tomentulose with Service (USFWS), unpublished data), Woodson and Poway where it is scattered long hairs or bristles (Wells while about 8,400 ha (21,000 ac) of associated with dense southern mixed 1993). Generally, A. glandulosa southern maritime chaparral occurred chaparral. One population of this plant (Eastwood manzanita) is a relatively historically in San Diego County occurs in the Santa Margarita Mountains open, smooth, dark red-barked shrub (Oberbauer and Vanderwier 1991). of northern San Diego County. Two of characterized by a basal burl and Currently, there are an estimated 60 ha the four taxa are found below 250 scarcely leaf-like bracts that are shorter (150 ac) of southern maritime chaparral meters (m) (820 feet (ft)) in elevation in than the hairy flower-stalks. Four of six in Orange County (Todd Kehler-Wolf, the United States. Arctostaphylos subspecies of A. glandulosa lack non- pers. comm., 1993) and between 600 glandulosa ssp. crassifolia reaches 730 glandular, tomentulose hairs and and 1,480 ha (1,500 and 3,700 ac) in San m (2,400 ft) elevation in Mexico. scattered white bristles on the Diego County (Oberbauer and Baccharis vanessae is known to occur at branchlets, bracts and leaves. Of the Vanderwier 1991; OGDEN 1993; Dave 880 m (2,890 ft) in elevation on Mount remaining two taxa, A. g. ssp. mollis of Hogan, Southwest Center for Biological Woodson. the western Transverse Ranges has more Diversity, in litt., 1993). This represents While three of the four plant taxa are uniformly distributed, long, white an 82 to 93 percent decline in habitat in largely restricted to the United States, bristles and bright green, smooth and southern California, largely due to 85 percent of the known populations of shiny leaves, while A. g. ssp. agricultural conversion and Verbesina dissita are known from glaucomollis of the San Gabriel and San urbanization. Much of the remaining 10 northwestern Baja California, Mexico. Bernardino Mountains lacks leaf-like to 20 percent of the United States Although the status of this species and bracts (Wells 1993). portion of southern maritime chaparral its habitat in Mexico is not well Arctostaphylos glandulosa ssp. is located on Carmel Mountain, Torrey documented, over 20 percent of the crassifolia was first described by Willis Pines State Park, and in the cities of populations occuring in Mexico have Jepson (1922) based on a specimen he Carlsbad and Encinitas in San Diego been extirpated. Agricultural collected in Del Mar, California. In County. The distribution of southern conversion, resort and residential 1925, Jepson placed Del Mar manzanita maritime chaparral and related development, and wide fuel breaks and under the name Arctostaphylos associations has also declined slash and burn practices have already tomentosa var.
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