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Federal Register / Vol. 62, No. 118 / Thursday, June 19

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Federal Register / Vol. 62, No. 118 / Thursday, June 19 Federal Register / Vol. 62, No. 118 / Thursday, June 19, 1997 / Proposed Rules 33383 the entire soil cover is now completely DEPARTMENT OF THE INTERIOR Sonoma Counties in northern California. vegetated, and there are no barren areas The historical range of Delphinium remaining onsite. The Site is now Fish and Wildlife Service bakeri and D. luteum did not extend completely fenced and has a locked beyond coastal Marin and Sonoma entrance gate. A Consent Decree with 50 CFR Part 17 counties. the property owner to record the deed RIN 1018±AE23 Ewan (1942) described Delphinium restrictions has been signed, and the bakeri based on type material collected deed restrictions are attached to the Endangered and Threatened Wildlife by Milo Baker in 1939 from ``Coleman property deed in the Butler County and Plants; Proposed Endangered Valley, Sonoma Co., California.'' In the Courthouse in Butler, Pennsylvania. Status for Two Larkspurs From most recent treatment, Warnock (1993) Coastal Northern California retained the taxon as a full species. Chester Engineers (Chester) was hired Historically, D. bakeri was known from by PPG in 1994 to perform the site AGENCY: Fish and Wildlife Service, Coleman Valley in Sonoma County and maintenance and the long-term ground Interior. from a site near Tomales in Marin water monitoring at the Site. This semi- ACTION: Proposed rule. County. Delphinium bakeri occurs on annual sampling has been an important decomposed shale within the coastal part of the operation and maintenance at SUMMARY: The Fish and Wildlife Service scrub plant community from 400 to 500 the Site. Chester samples a number of (Service) proposes endangered status feet (ft) (120 to 150 meters (m) in locations, both on-and offsite, in the pursuant to the Endangered Species Act elevation (California Natural Diversity Spring and Fall of each year. PPG (Act) of 1973, as amended for two Database (CNDDB) 1994). submits quarterly progress reports to the plantsÐDelphinium bakeri (Baker's Delphinium bakeri is a perennial herb EPA and PADEP describing the Site's larkspur) and Delphinium luteum in the buttercup family (Ranunculaceae) condition and detailing any upcoming (yellow larkspur). These species grow in that grows from a thickened, tuber-like, sampling at the Site. A separate report a variety of habitats including coastal fleshy cluster of roots. The stems are is submitted by Chester describing the prairie, coastal scrub, or chaparral in hollow, erect, and grow to 65 actual sampling results. Sonoma and Marin counties in northern centimeters(cm) (26 inches (in.)) tall. California. Habitat loss and degradation, The shallowly 5-parted leaves occur A statutory Five-Year Review of the sheep grazing, road maintenance primarily along the upper third of the selected remedy was completed on activities, and overcollection imperil the stem and are green at the time the plant April 16, 1997 to ensure that the remedy continued existence of these plants. flowers. The flowers are irregularly is still protective of the public health Random events increase the risk of shaped. The five sepals are and the environment. The next five-year extinction to the extremely small plant conspicuous, bright dark blue or review must be completed by April 30, populations. This proposal, if made purplish, with the rear sepal elongated 2002. Subsequent five-year reviews will final, would implement the Federal into a spur. The inconspicuous petals be conducted pursuant to OSWER protection and recovery provisions occur in two pairs. The lower pair is Directive 9355.7±02. ``Structure and afforded by the Act for these plants. oblong and blue-purple; the upper pair Components of Five-Year Reviews,'' or DATES: Comments from all interested is oblique and white. Seeds are other applicable guidance where it parties must be received by August 18, produced in several dry, many-seeded exists. 1997. Public hearing requests must be fruits which split open at maturity on The remedy selected for this Site has received by August 4, 1997. only one side (i.e., several follicles). been implemented in accordance with ADDRESSES: Comments and materials Delphinium bakeri flowers from April the Record of Decision, as modified and concerning this proposal should be sent through May (Warnock 1993). expanded in the EPA-approved to the Field Supervisor, Sacramento Habitat conversion to agricultural Remedial Design for Operable Unit #1. Field Office, U.S. Fish and Wildlife land, grazing, and/or roadside This remedy has resulted in the Service, 3310 El Camino Avenue, Suite maintenance activities have extirpated significant reduction of the long-term 130, Sacramento, California 95821± occurrences in Marin and Sonoma potential for release of contaminated 6340. Comments and materials received, counties (California Department of Fish and Game (CDFG) 1994). The only soils to the surrounding surface soils, as well as the supporting documentation known remaining population, with a the ambient air and the aquatic used in preparing the rule, will be total of about 35 individuals, is found environment. Human health threats and available for public inspection, by appointment, during normal business on a steep road bank in Marin County potential environmental impacts have that is subject to road work, hours at the above address. been minimized. EPA and the State of overcollection, and sheep grazing. Pennsylvania find that the remedies FOR FURTHER INFORMATION CONTACT: Because of its extreme range restriction implemented continue to provide Kirsten Tarp, Sacramento Field Office and small population size, the plant also adequate protection of human health (see ADDRESSES section) (telephone 916/ is vulnerable to extinction from random and the environment. 979±2120; facsimile 916/979±2128). events, such as fire or insect outbreaks EPA, with the concurrence of the SUPPLEMENTARY INFORMATION: (CNDDB 1994). California Department of State of Pennsylvania, believes that the Fish and Game (CDFG) (1994) reported Background criteria for deletion of this Site have the trend of the species is one of been met. Therefore, EPA is proposing Delphinium bakeri (Baker's larkspur) decline. deletion of this Site from the NPL. and D. luteum (yellow larkspur) were Heller (1903) described Delphinium found historically in coastal prairie, luteum based on type material collected Dated: June 5, 1997. coastal scrub, or chaparral habitats. from ``grassy slopes about rocks, near Stanley Laskowski, Urban development, agricultural land Bodega Bay, along the road leading to Acting Regional Administrator, USEPA conversion, or livestock grazing have the village of Bodega'' in Sonoma Region III. destroyed much of the habitat and County. Although Jepson (1970) [FR Doc. 97±15854 Filed 6±18±97; 8:45 am] extirpated numerous populations of reduced D. luteum to a variety of D. BILLING CODE 6560±50±P these two plants in coastal Marin and nudicaule, it is currently recognized as 33384 Federal Register / Vol. 62, No. 118 / Thursday, June 19, 1997 / Proposed Rules a full species (Warnock 1993). plant species to be endangered species all petitions pending on October 13, Delphinium luteum occurs on rocky pursuant to section 4 of the Act. The list 1982, be treated as having been newly areas within coastal scrub plant of 1,700 plant taxa was assembled on submitted on that date. This was the community, including areas with active the basis of comments and data received case for Delphinium bakeri and D. rock slides, from sea level to 300 feet by the Smithsonian Institution and the luteum., because the 1975 Smithsonian (100 m) in elevation (Guerrant 1976). Service in response to House Document report had been accepted as a petition. Delphinium luteum is a perennial No. 94±51 and the July 1, 1975, Federal On October 13, 1982, the Service found herb in the buttercup family Register publication. Delphinium bakeri that the petitioned listing of these (Ranunculaceae) that grows from fibrous and D. luteum were included in the June species was warranted, but precluded roots to 55 cm (22 in.) tall. The leaves 16, 1976, Federal Register document. by other pending listing actions, in are mostly basal, fleshy, and green at the General comments received in accordance with section 4(b)(3)(B)(iii) of time of flowering. The flowers are relation to the 1976 proposal were the Act; notification of this finding was cornucopia-shaped. The five summarized in an April 26, 1978, notice published on January 20, 1984 (49 FR conspicuous sepals are bright yellow, (43 FR 17909). The Endangered Species 2485). Such a finding requires the with the posterior sepal elongated into Act Amendments of 1978 required that petition to be recycled, pursuant to a spur. The inconspicuous petals occur all proposals over 2 years old be section 4(b)(3)(C)(I) of the Act. The in two pairs. The upper petals are withdrawn. A 1-year grace period was finding was reviewed annually in narrow and unlobed; the lower petals given to those proposals already more October of 1983 through 1994. are oblong to ovate. The fruit is a than 2 years old. In the December 10, Publication of this proposal constitutes follicle. Delphinium luteum flowers 1979, notice (44 FR 70796), the Service the final finding for the petitioned from March to May. published a notice of withdrawal of the action. Processing of this rule is a Tier Never widely distributed, historical June 6, 1976, proposal, along with four 3 activity under the current listing populations of Delphinium luteum have other proposals that had expired. priority guidance (61 FR 64480). been partially or entirely extirpated by The Service published an updated rock quarrying activities, over- notice of review for plants on December Summary of Factors Affecting the collecting, residential development, and 15, 1980 (45 FR 82480). This notice Species sheep grazing, resulting in the species included Delphinium bakeri and D. Section 4 of the Act (U.S.C. 1533) and now being even more narrowly luteum as category 1 candidates for regulations (50 CFR part 424) distributed (Guerrant 1976; CNDDB Federal listing.
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