Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations

Home , Cercocarpus betuloides, Cercocarpus traskiae, Lithophragma maximum, Sibara, Sibara filifolia

42692 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations

2. Section 721.3764 is revised to read § 721.7046 Formaldehyde, polymer with ACTION: Final rule. as follows: substituted phenols, glycidyl ether. (a) Chemical substance and SUMMARY: The Fish and Wildlife Service § 721.3764 Fluorene substituted aromatic significant new uses subject to reporting. (Service) determines Cercocarpus amine. (1) The chemical substance identified as traskiae (Catalina Island mountain- (a) Chemical substance and formaldehyde, polymer with substituted mahogany), Lithophragma maximum significant new uses subject to reporting. phenols, glycidyl ether (PMN P–93–955) (San Clemente Island woodland-star), (1) The chemical substance identified is subject to reporting under this section and Sibara filifolia (Santa Cruz Island generically as a fluorene substituted for the significant new uses described in rockcress) to be endangered throughout aromatic amine (PMN P–91–43) is paragraph (a)(2) of this section. The their respective historical ranges on the subject to reporting under this section requirements of this section do not Channel Islands of southwestern for the significant new uses described in apply once the substance is a California, pursuant to the Endangered paragraph (a)(2) of this section. component of a highly densified tablet Species Act of 1973, as amended (Act). (2) The significant new uses are: formulation of an epoxy molding Cercocarpus traskiae is found primarily (i) Protection in the workplace. compound. in coastal scrub habitats on Santa Requirements as specified in § 721.63 * * * * * Catalina Island. Lithophragma (a)(1), (a)(2)(iii), (a)(3), (a)(4), (a)(5)(iii), 5. Section 721.7210 is amended by maximum is found in rock crevices (a)(5)(iv), (a)(5)(v), (a)(5)(vi), (a)(6)(i), (b) revising paragraph (a)(1) to read as within coastal bluff scrub on San (concentration set at 1.0 percent), and follows: Clemente Island. Sibara filifolia is found (c). However, these requirements do not on talus slopes in coastal scrub on San § 721.7210 Epoxidized copolymer of Clemente Island and may still occur on apply after the PMN substance is phenol and substituted phenol. adhered onto film or incorporated into Santa Catalina Island, although the last prepreg form (resin impregnated (a) Chemical substance and sighting of the species on that island substrate). significant new uses subject to reporting. was in 1973. These plants are (1) The chemical substance identified as threatened by a variety of factors (ii) Hazard communication program. epoxidized copolymer of phenol and including grazing, fire, competition Requirements as specified in § 721.72 substituted phenol (PMN P–91–598) is from non-native plant species, erosion, (a), (b), (c), (d), (e) (concentration set at subject to reporting under this section and hybridization. This rule implements 1.0 percent), (f), (g)(1)(iv), (g)(2)(i), for the significant new uses described in the Federal protection provisions (g)(2)(ii), (g)(2)(iii), (g)(2)(iv), (g)(2)(v), paragraph (a)(2) of this section. The afforded by the Act for these three plant (g)(3)(i), (g)(3)(ii), (g)(4)(iii), and (g)(5) requirements of this section do not species. during manufacture. apply once the substance is a DATES: Effective September 8, 1997. (iii) Industrial, commercial, and component of a highly densified tablet ADDRESSES: The file for this rule is consumer activities. Requirements as formulation of an epoxy molding specified in § 721.80(l). available for inspection, by compound. appointment, during normal business (iv) Release to water. Requirements as * * * * * hours at the U.S. Fish and Wildlife specified in § 721.90 (a)(1), (b)(1), and 6. Section 721.8350 is amended by Service, Carlsbad Field Office, 2730 (c)(1). adding paragraph (a)(2)(iv) to read as Loker Avenue West, Carlsbad, California (b) Specific requirements. The follows: 92008. provisions of subpart A of this part FOR FURTHER INFORMATION CONTACT: Gail apply to this section except as modified § 721.8350 2-Propenoic acid, 7- Kobetich, Field Supervisor, at the above by this paragraph. oxabicyclo[4.1.0]hept-3-ylmethyl ester. (a) Chemical substance and address (telephone 760/431–9440; (1) Recordkeeping. Recordkeeping facsimile 760/431–9624). requirements as specified in § 721.125 significant new uses subject to reporting. (a) through (i) and (k) are applicable to *** SUPPLEMENTARY INFORMATION: manufacturers, importers, and (2) * * * (iv) Release to water. Requirements as Background processors of this substance. specified in § 721.90 (a)(1), (b)(1), and Cercocarpus traskiae (Catalina Island (2) Limitations or revocation of (c)(1). mountain-mahogany), Lithophragma certain notification requirements. The maximum (San Clemente Island provisions of § 721.185 apply to this * * * * * woodland-star), and Sibara filifolia section. [FR Doc. 97–20980 Filed 8–7–97; 8:45 am] (Santa Cruz Island rockcress) are 3. Section 721.5225 is amended by BILLING CODE 6560±50±F endemic to the Channel Islands of revising paragraph (a)(2)(v) to read as southern California. These three species follows: are restricted primarily to San Clemente DEPARTMENT OF THE INTERIOR § 721.5225 Naphthalene, 1,2,3,4- and Santa Catalina Islands. Cercocarpus tetrahycro(1-phenylethyl) (specific name). Fish and Wildlife Service traskiae is currently known only from (a) Chemical substance and Santa Catalina Island, although a single significant new uses subject to reporting. 50 CFR Part 17 plant was discovered in the Santa *** Monica Mountains in 1993. RIN 1018±AD37 Lithophragma maximum occurs on San (2) * * * Clemente Island. Sibara filifolia occurs (v) Release to water. Requirements as Endangered and Threatened Wildlife and Plants; Determination of on San Clemente and Santa Catalina specified in § 721.90 (a)(4), (b)(4), and Islands. Sibara filifolia was also (c)(4) (where n = 1). Endangered Status for Three Plants From the Channel Islands of Southern historically found on Santa Cruz Island. * * * * * California The Channel Islands are composed of 4. Section 721.7046 is amended by igneous and sedimentary rocks that revising paragraph (a)(1) to read as AGENCY: Fish and Wildlife Service, have been uplifted and folded by follows: Interior. tectonic activity (Raven 1963, Thorne Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations 42693

1967, Schaffer 1993). The maritime In addition, the California Department March to May. The flowers lack petals climate of the islands is characterized of Fish and Game (CDFG) introduced and occur in clusters of 4 to 10. The by hot, dry summers and mild, wet pigs (Sus scrofa) to the island in 1951 hypanthium (floral structure derived winters with periodic severe droughts and mule deer (Odocoileus hemionus) from the fused lower portions of sepals, and frequent fog (Minnich 1980, in 1962 (Kellogg and Kellogg 1994). petals, and stamens) is densely white- Johnson 1980). The archipelago is made Populations of feral goats ranged from woolly, and is approximately 7 to 14 up of two chains of islands. The 15,000 to 20,000 about 1930 (Kellogg millimeters (mm) (0.5 inch (in.)) long northern Channel Islands include the and Kellogg 1994). The Navy removed (Lis 1993). The fruit is an achene with islands of San Miguel, Santa Rosa, Santa all feral goats and pigs by 1992, in an a persistent plumose style, which dries Cruz and Anacapa. The southern effort to preserve endemic flora and in a spiral, typical of the genus. The Channel Islands are San Nicholas, Santa fauna (Kellogg and Kellogg 1994). leathery, clustered leaves are simple, Barbara, Santa Catalina and San Santa Catalina Island is the largest of serrate (toothed), and range from 2.5 to Clemente (Raven 1967). the southern Channel Islands, 6 centimeters (cm) (1 to 2.5 in.) long. The Channel Islands are rich in measuring 194 sq km (75 sq mi). The The upper surface of the leaf is glabrous endemic species as a result of their age terrain is rugged and mountainous, with (smooth); the lower surface is densely and geographic isolation. A number of a maximum elevation of 648 m (2,125 ft) white-woolly. Cercocarpus betuloides species have persisted on the islands, (Power 1980). Due to its proximity to var. blancheae is relatively common on although their mainland counterparts the mainland, the flora of Santa Catalina Santa Catalina Island, and is distinct have been extirpated by climatic change Island is very similar to the flora of the from C. traskiae (Eastwood 1898, Cole and other factors over geologic time mainland (Thorne 1967). Habitats on the and Lu 1979). It is differentiated from C. (Raven 1963). island include oak woodlands, traskiae by the strigose (with stiff, sharp, The decline of insular endemic chaparral, coastal sage scrub, and appressed hairs) undersides of its leaves species, including the three plants grasslands (Minnich 1980). Santa and by the pubescence of the floral tube. discussed herein, began before thorough Catalina supports the only known extant In addition, the leaves of C. betuloides botanical studies on the islands were population of Cercocarpus traskiae and var. blancheae are not leathery completed. The original range and is part of the historical range of Sibara (Eastwood 1898, Lis 1993). distribution of these endemics are filifolia (Thorne 1967, Thorne 1969, Cercocarpus traskiae is one of speculative because their original Wallace 1985). The most recent find, the California’s rarest trees. It is endemic to habitats are now dominated by non- first in 70 years, of Sibara filifolia on a particular soil type, derived from native plants. Although the Channel Santa Catalina was in 1973. The sausserite gabbro parent material Islands have been occupied by humans voucher specimen is at the Rancho (Martin 1984). On Santa Catalina Island, for at least 10,000 years, non-native Santa Ana Botanic Garden Herbarium, C. traskiae is currently only found in plants have only become naturalized on but its existence remained unknown Wild Boar Gully, a steep-sided, narrow the islands since their introduction by until 1996. arroyo located in the southwestern Euro-Americans during the last 200 Santa Cruz is the largest of the portion of the island (Thorne 1967, years. Overgrazing and trampling of northern Channel Islands measuring 250 1969). Cercocarpus traskiae occurs there native vegetation by domestic animals sq km (96 sq mi) with a maximum in coastal sage scrub containing facilitated the spread of these non- elevation of 753 m (2,470 ft) (Power Eriogonum fasciculatum (California native plants (Raven 1963, Raven 1967, 1980). The north side of the island is buckwheat), Salvia mellifera (black Thorne 1967, Philbrick 1980). Severe mountainous and rugged; the sage), and Rhus integrifolia (lemonade erosion resulting from overgrazing was topography of the southern side is berry). The Santa Catalina Island exacerbated by a series of droughts in gentle and rolling. The Nature Conservancy (SCIC), a private the 1860’s, the first of several periods of Conservancy currently owns corporation which owns 86 percent of severe stripping of vegetation and soil approximately 90 percent of Santa Cruz the land on Santa Catalina Island, owns on the islands (Johnson 1980). Island. The remainder is co-owned by all of the habitat occupied by C. San Clemente Island is the the National Park Service (Schuyler traskiae. southernmost of the Channel Islands in 1987) and a private party. Santa Cruz An estimated 50 individuals of California. Its terrain is marked by a Island is a historical location of Sibara cocarpus traskiaere identified from broad, high plateau surrounded by filifolia, although the species has not Wild Boar Gully when this taxon was deeply incised cliffs. The highest been seen on the island since 1936. originally discovered (Eastwood 1898). elevation on the 145 square kilometer Cercocarpus traskiae was first The population has since been reduced (sq km) (56 square mile (sq mi)) island described by Alice Eastwood (1898) to six mature trees (Martin 1984, is 600 meters (m) (1,965 feet (ft)) (Power based on a specimen collected by Rieseberg and Swensen 1996). The SCIC 1980). San Clemente Island contains the Blanche Trask in 1897. Dunkle (1940) has planted C. traskiae seedlings in test entire historical range of Lithophragma reduced C. traskiae to a variety of C. plots (Rieseberg et al. 1989). The results maximum and one of two known betuloides. Although Martin (1950) of this planting are unknown at this populations of Sibara filifolia. subsequently included this taxon as a time. Goats (Capra hircus) were present on variety of C. montanus, Munz and Keck In 1993, a single individual of San Clemente Island as early as 1827 (1959) retained it as C. betuloides var. Cercocarpus traskiae was discovered in (Dunkle 1950). The San Clemente Island traskiae. Munz (1935, 1968) returned C. the Santa Monica Mountains by David Sheep and Wool Company leased that betuloides var. traskiae to species rank, Carroll (Rieseberg and Swensen 1996). island from the U.S. Government from C. traskiae. Murray (1982) changed the Although additional individuals may 1877 to 1934 (Raven 1963). The rank of this taxon to a subspecies of C. exist in the Santa Monica Mountains, ownership of the island was betuloides; however, C. traskiae is this taxon is not likely to be widespread subsequently transferred to the currently recognized at the species level or common. The single mainland Department of Defense (Navy). Although by both Munz (1974) and Lis (1993). specimen may represent a remnant of an the Navy eliminated sheep (Ovis aries) Cercocarpus traskiae, a member of the ancestral or sister population of C. grazing in 1934, the goat population rose family (Rosaceae), is an evergreen traskiae, or a hybrid between C. traskiae proliferated (Kellogg and Kellogg 1994). shrub or small tree that flowers from and the mainland variety, C. betuloides 42694 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations var. betuloides (Rieseberg and Swensen Sibara filifolia is a slender annual records of historical localities indicating 1996). It is also possible that this herb in the mustard family that S. filifolia ‘‘* * * is to be sought in specimen was planted. (Brassicaceae) that flowers in April shady places on the northward slope’’ Lithophragma maximum was (Munz 1974). It is 13 to 38 cm (5 to 15 on Santa Cruz Island (Greene 1887a). originally described by Rimo Bacigalupi in.) tall. The flowers are pink to There were fewer than 40 of these plants (1963) as L. maxima based on a purplish with spoon-shaped petals 3 to located on San Clemente Island in the collection by Mrs. Nell Murbarger in 6 mm (1/8 to 1/4 in.) in length. The 1996 season (Elvin, in litt. 1996; Stone, 1936 on San Clemente Island. The pinnately lobed leaves are 2.5 to 5 cm pers. comm. 1996). These plants were specific epithet was later corrected to L. (1 to 2 in.) long, with narrow linear found on a dry rocky saddle with thin maximum (Bacigalupi 1979). Taylor lobes. The fruit is a slender pod soil. (silique), 1.5 to 3 cm (3/5 to 1 in.) long, (1965) was unaware of L. maximum at Previous Federal Action the time he published his monograph of that contains many wingless seeds. the genus; however, L. maximum has Sibara filifolia is distinct from S. Federal government action on all been recognized by Munz (1968, 1974) virginica, which has narrowly winged three of the plant taxa considered in this and Elvander (1993). seeds, and from S. rosulata and S. rule began as a result of section 12 of the Lithophragma maximum is a member deserti, which have white petals. No Endangered Species Act of 1973, which of the saxifrage family (Saxifragaceae) other species of Sibara occur on the directed the Secretary of the and flowers from April to June. It is a Channel Islands. Smithsonian Institution to prepare a report on those plants considered to be rhizomatous, perennial herb with basal The type locality for Sibara filifolia is endangered, threatened, or extinct. This leaves and two or three stout flowering Santa Cruz Island (Greene 1887a). It was report, designated as House Document stems from 40 to 60 cm (16 to 24 in.) last seen on Santa Cruz Island in 1936 No. 94–51, and presented to Congress high. Each flower-bearing stem and was not relocated during the 1985 on January 9, 1975, recommended produces 20 or more white, survey of the island. The species is Cercocarpus traskiae for endangered campanulate (bell-shaped) flowers, each thought to have once been common as status, Sibara filifolia as threatened and about 1 cm (0.5 in.) in length well as wide ranging, because it was Lithophragma maximum as extinct. The (Bacigalupi 1963). The leaves are collected on two distant islands, Santa Service published a notice in the July 1, palmately compound and arise from the Catalina and Santa Cruz. Trask collected 1975, Federal Register (40 FR 27823), of base on slender petioles 15 cm (6 in.) S. filifolia in 1901 on Santa Catalina Island where she reported it to be its acceptance of the report as a petition long. Lithophragma maximum is common in two locations (Thorne within the context of section 4(c)(2) of differentiated from other species of 1967). A more recent (1973) collection the Act (petition provisions are now Lithophragma by its trifoliolate of S. filifolia from Santa Catalina Island found in section 4(b)(3)(A)), and of the compound leaves (Munz 1968, Elvander came to light in 1996. Although the Service’s intention to review the status 1993). status of the population on Santa of the plant taxa named therein, Lithophragma maximum was thought Catalina is not precisely known, the including C. traskiae, L. maximum and to be extinct until it was rediscovered in species has not been reported from there S. filifolia. On June 16, 1976, the Service 1979 in Bryce and Eagle Canyons by since 1973. M. Hoefs (Wrigley Botanical published a proposal (41 FR 24523) to Mitch Beauchamp and Howard Garden, Catalina, pers. comm. 1996), list approximately 1,700 vascular plants Ferguson (Bacigalupi 1979). The one of the original collectors, did not as endangered species pursuant to number of plants on the island found in relocate any specimens at the original section 4 of the Act. Cercocarpus Bryce Canyon has fluctuated from 5 to site during a search for Sibara filifolia traskiae and Lithophragma maximum 15 plants since its rediscovery but noted that the habitat and associated were included in this Federal Register (Bacigalupi 1979, Beauchamp 1987, species appear to be in good condition. notice. Because the list contained only Mistretta 1992). Three of the 15 plants Although Sibara filifolia has not been proposed endangered species, Sibara originally discovered in Eagle Canyon observed on Santa Catalina Island for 24 filifolia was not included. are believed to be extant at this time years, its extirpation has not been General comments received in (Kellogg and Kellogg 1994). Sixteen confirmed, and for that reason the response to the 1976 proposal were additional plants were found in Near Service believes there is a possibility summarized in an April 26, 1978, Death Canyon in 1991. There are that it still may be present there. Federal Register notice (43 FR 17909). currently only 11 known populations, Sibara filifolia, originally known from A revision of the Smithsonian report all from the southeastern part of the historical collections on Santa Cruz was published in April 1978 as a book: island in deeply incised canyons. Island and Santa Catalina Island, had Endangered and Threatened Plants of Approximately 200 plants were located never been known to occur on San the United States, Smithsonian during field surveys for this species in Clemente Island until 1986 when two Institution and World Wildlife Fund, the spring of 1996 (M. Elvin, Rancho plants were discovered near Pyramid Washington, DC Acknowledgment of Santa Ana Botanic Garden, in litt. 1996; Head by Beauchamp (1987). Prior to this the Service’s acceptance of this J. Stone, Naval Air Station, North Island, discovery, the species was thought to be document as a petition was included in pers. comm. 1996). These plants were extinct. The extent of its original range a notice of findings on certain petitions generally found at or near previously on San Clemente Island is unknown. published in the Federal Register on known sites. Sibara filifolia presently exists on San February 15, 1983 (48 FR 6752). This Sibara filifolia was first collected by Clemente Island only on a sea terrace on document recommended endangered E. L. Greene in 1886 and described as the southern part of the island, near status for Sibara filifolia, Cercocarpus Cardamine filifolia (Greene 1887a). Pyramid Head. It grows on volcanic rock traskiae, and Lithophragma maxima Greene (1887b) later transferred it to scree (talus) in association with Opuntia [sic]. Lithophragma maximum was Arabis filifolia. Greene (1896) proposed prolifera (cholla), Selaginella bigelovii included, although it was considered the new genus Sibara to accommodate (spike-moss), and Lotus argophyllus var. extinct, because of the possibility it this species. Sibara has been retained by adsurgens (San Clemente Island birds- would be rediscovered. The 1978 Munz and Keck (1959), Munz (1968, foot trefoil) (Beauchamp 1987, Elvin, in amendments to the Endangered Species 1974), and Rollins (1993). litt. 1996). This location conflicts with Act amendments required all proposals Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations 42695 over two years old to be withdrawn, maximum, and Sibara filifolia as The single letter of comment received although a one-year grace period was endangered species. Publication of the specifically addressed the two plant given to those proposals already more proposed rule constituted the warranted taxa that occur on San Clemente Island. than two years old. In the December 10, finding for these species. The Service The comments have been organized into 1979, Federal Register (44 FR 70796), now determines Cercocarpus traskiae, nine specific issues. The issues and the the Service published a notice of Lithophragma maximum, and Sibara Service’s responses are summarized as withdrawal for that portion of the June filifolia to be endangered species with follows. 16, 1976, proposal that had not been the publication of this rule. Issue 1: The commenter stated that made final, along with four other The processing of this final rule Lithophragma maximum and Sibara proposals that had expired. follows the Service’s listing priority filifolia are protected on San Clemente The Service published a notice of guidance published in the Federal Island through limited access to their review for plants in the Federal Register Register on December 5, 1996 (61 FR habitat as well as through active on December 15, 1980 (45 FR 82480). 64475). The guidance clarifies the order management. This notice listed the status of in which the Service will process Service Response: The factors Cercocarpus traskiae, Lithophragma rulemakings following two related affecting these species were discussed maximum, and Sibara filifolia as events: (1) The lifting, on April 26, in the proposed rule (60 FR 37987). category 1 taxa. Category 1 taxa were 1996, of the moratorium on final listings These included, but are not restricted to, taxa for which the Service presently had and critical habitat designations loss of habitat from erosion induced or sufficient data in its possession to imposed on April 10, 1995 (Pub. L. 104– exacerbated by herbivore damage, and support preparation of listing proposals. 6), and (2) the restoration of significant direct decline of the species from Sibara filifolia was marked with an funding for listing through passage of herbivore damage. Other natural or asterisk indicating a possibly extinct the omnibus budget reconciliation law man-made factors were considered, species. The status of the three species passed on April 26, 1996, following including specifically, the presence of remained unchanged until February 21, severe funding constraints imposed by a invasive exotic plant species, and fires 1990, when the Service published in the number of continuing resolutions induced by military activities which Federal Register a notice of review for between November 1995 and April include bombing. plant taxa (55 FR 6183) in which Sibara 1996. The guidance calls for prompt The Navy has removed the most filifolia was no longer considered processing of final rules containing destructive herbivores, goats and pigs, possibly extinct, following its species facing threats of high from San Clemente Island. No feral rediscovery on San Clemente Island. magnitude. All three taxa in this rule goats were evident as of June 1992 The status of the three species remained face high magnitude threats. (Kellogg and Kellogg 1994). This action unchanged in a subsequent notice of enhances the status of the native biota Summary of Comments and review published by the Service in the in general. It also will greatly improve Recommendations Federal Register (58 FR 51143) on the prospects for survival of September 30, 1993. In the notice of In the July 25, 1995, proposed rule (60 Lithophragma maximum, Sibara review published by the Service on FR 37987) and associated notifications, filifolia, and other sensitive plants. February 28, 1996 (61 FR 7595), all interested parties were requested to However, both species remain Cercocarpus traskiae, Lithophragma submit factual reports or information threatened by human-caused fires, maximum, and Sibara filifolia were that might contribute to the bombing, and the spread of invasive listed as proposed endangered. development of a final rule. The non-native plants. The remaining Section 4(b)(3)(B) of the Act requires comment period closed on October 9, population of Sibara filifolia, for the Secretary to make findings on 1995. Appropriate State agencies, example, lies in close proximity to a pending petitions within 12 months of county and city governments, Federal target area where ship-to-shore their receipt. Section 2(b)(1) of the 1982 agencies, scientific organizations, and bombardment occurs. Limited access to amendments further requires that all other interested parties were notified for the two species’ habitat will not petitions pending on October 13, 1982, comment. Public notices announcing completely alleviate these threats. The be treated as having been newly the publication of the proposed rule Service has not received any plans for submitted on that date. This was the were published in the San Diego Union- the active management of these species. case for Cercocarpus traskiae and Tribune and The Outlook on August 10, Issue 2: The commenter suggested Lithophragma maximum because the 1995. The Service received one letter of that Lithophragma maximum would 1975 Smithsonian report had been comment during the comment period. benefit from protection afforded the accepted as a petition. On October 13, No request for a public hearing was endangered Castilleja grisea (San 1983, the Service found that the received. Clemente Island paintbrush) and Lotus petitioned listing of these species was In accordance with interagency policy dendroideus var. traskiae (Trask’s Island warranted, but precluded by other published on July 1, 1994 (59 FR lotus) because these species ‘‘* * * are pending listing proposals of higher 34270), the Service also solicited the located in canyons with the San priority, pursuant to section expert opinions of three independent Clemente Island woodland-star.’’ The 4(b)(3)(B)(iii), of the Act. Notification of specialists regarding pertinent scientific commenter also asserted that similar this finding was published in the or commercial data for taxa under protection was afforded Sibara filifolia Federal Register on January 20, 1984 consideration for listing. The purpose of because ‘‘Rare taxa, including the cliff (49 FR 2485). Such a finding requires such review is to ensure listing spurge (Euphorbia misera), island the petition to be recycled, pursuant to decisions are based on scientifically apple-blossom (Crossosoma californica), section 4(b)(3)(C)(i) of the Act. The sound data, assumptions, and analyses, and San Clemente Island silver hosackia petition was reviewed in October of including input of appropriate experts (Lotus Argophyllus adsurgens) were 1984, 1985, 1986, 1987, 1988, 1989, and specialists. Lack of response to a observed nearby.’’ 1990, 1991, 1992, and 1993. request for review is assumed to Service Response: According to On July 25, 1995 (60 PR 37988), the constitute concurrence. No responses Kellogg and Kellogg (1994), Elvin (pers. Service published a proposal to list were received from the three comm. 1996) and Stone (pers. comm. Cercocarpus traskiae, Lithophragma independent specialists solicited. 1996), Lithophragma maximum 42696 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations occasionally occurs with Castilleja species is known to exist in low Avena barbata (slender wild oat) was grisea, but there is no consistent pattern. numbers of individuals in a few mentioned as the eradication target. Distribution maps show that patterns of scattered localities. The Interim Report, Eradication of this species is to be occurrence of Lithophragma maximum, Sensitive Plant Status Survey by Junak followed by reseeding with native Castilleja grisea, and Lotus dendroideus and Wilken (in litt. 1996) does not bunchgrasses. var. traskiae are not coincident over provide any new information regarding Service Response: Exotic plants occur significant portions of their ranges the condition of Lithophragma in abundance on San Clemente Island. (Kellogg and Kellogg 1994). maximum, its microhabitat preferences, Exotic species such as Amsinkia Although Sibara filifolia may or biology. This species occupies grassy intermedia, and Bromus diandrus occur occasionally occur near habitats benches in steep canyons, and its near Lithophragma maximum and may occupied by rare plant taxa, none of habitat is subject to loss from increased compete with this plant for space or these other taxa are known to be erosion from natural causes and loss of resources, or may otherwise affect the restricted to the same habitat as Sibara vegetation cover from fires. persistence of this species. Exotic filifolia. In addition, none of the rare The number of known populations of species are not abundant on the thin plant taxa mentioned are protected L. maximum is low (11) as is the total rocky soils currently occupied by Sibara pursuant to the Act and, therefore, do number of individuals. Most plant filifolia, but do occur on other soil types not provide protection to other species populations are genetically that historically may have supported found in the same area. differentiated from one another and this species. Exotic species such as Issue 3: The commenter noted that maintenance of this diversity is vital to Avena barbata could restrict the there are nine historical sightings of the survival of rare plants (Barrett and expansion of the S. filifolia population, Lithophragma maximum, and Kohn 1991). Lithophragma maximum is, as they occupy potential habitat for this concluded that the Rare Plant Survey for therefore, likely to be quite susceptible species. San Clemente Island, set for 1996, to genetic stresses (Barrett and Kohn While the Service is interested in would provide more definitive 1991). providing input to restoration efforts information on the status of the taxa. Issue 4: The comment was made that that may benefit listed or sensitive The commenter also noted that the two plants of Sibara filifolia were species, the Service has not received or difficulties associated with access to L. discovered on San Clemente Island in reviewed the Navy native bunchgrass maximum locales and habitat may 1986 and 50 to 350 plants were found restoration program or weed eradication compromise status and distribution at the site in 1992. implementation plan mentioned by the assessments of the species. Service Response: Staff of Rancho Service Response: This species Santa Ana Botanic Garden conducted commenter. Such programs may benefit apparently is extant at 11 sites on San field surveys in the Guds region, at the listed species, however the target weed Clemente Island (Stone, pers. comm. southeast end of the island, in 1996. species, Avena barbata, does not occur 1996). These sites include three newly Sites of previously known populations in the habitat types of Lithophragma discovered sites (Elvin, pers. comm. that had burned in 1995 were surveyed maximum or Sibara filifolia, and neither 1996) and omit a previously reported (Stone, pers. comm. 1996). Although no species are bunchgrasses. Therefore, the site of doubtful validity. Based on the individuals were found at known, weed eradication and native bunchgrass Rare Plant Survey and other information previously occupied sites, fewer than 40 restoration described in the comment available to the Service, the total plants were found at a new, nearby site. letter are not expected to reduce threats recorded range is about 4 km (2.5 mi) Because the plants were found in an to L. maximum or S. filifolia. along the east coast of San Clemente area with thin soil, their seeds may not Issue 6: The commenter noted that the Island, rather than the 7 mi cited by the survive fire (Elvin, pers. comm. 1996). proposed rule states that Service- commenter. A purported historical As evidenced by the drastically lower proposed mitigation measures were not occurrence of Lithophragma maximum number of individuals from the 1992 adequately implemented. The at Lemon Tank, near the middle of the estimates to the 1996 counts, this commenter argued that ‘‘[i]n most island, stems from a confusion between species appears to be susceptible to instances Service comments result in two collections cited by Raven (1963). A environmental events, such as fire. direct modification of projects and collection of L. maximum made by Currently no estimate of the long-term implementation of appropriate Murbarger in 1936 did not identify a effects of small population size or mitigation measures.’’ The commenter specific locality (Bacigalupi 1963), but adverse environmental events exist for further noted that a fire management rather ‘‘ * * * a single canyon on the plant species (Huenneke 1991). Further, plan and a native bunchgrass restoration East side [of the island].’’ Raven (1963) there is no evidence that the plants program have been implemented. also listed a collection made by Munz observed were the result of the Service Response: Most of the current at Lemon Tank under L. maximum germination of the entire seed bank from impacts to sensitive plant species on noting that the specimen, which Munz the previous year. Nevertheless, given San Clemente Island are related directly called Heuchera in his field notes, was the fire history and disturbance pattern or indirectly to current human lost. Elvin (pers. com. 1996) believes of the island and the small number and activities. Prior to 1996, the Navy that the habitat within Lemon Tank is location of extant plants, this species avoided sensitive habitats through an unsuitable for L. maximum. Therefore, remains in danger of extinction. internal site approval process, but did the evidence to support consideration of Issue 5: The commenter disagreed that not coordinate with the Service on some Lemon Tank as a historical locality is the abundance of exotic plants programs and projects that had potential insufficient. adversely affects the native plant effects on listed species. Military Recent field work focused, in part, on species of the island and contributes to activities associated with ongoing Lithophragma maximum has resulted in their slow recovery. The commenter training could have long lasting effects the identification of about 200 pointed out that the Navy has on sensitive plant taxa on San Clemente individuals on San Clemente Island. implemented a native bunchgrass Island. The potential impacts of these Although, this estimate does not take restoration program. This action has activities must be adequately assessed into account populations in those resulted in a weed eradication and appropriate mitigation canyons not surveyed in 1996, the implementation plan. The annual grass, incorporated. Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations 42697

Issue 7: The commenter contended of wildfires at the southern end of San maximum Bacigal. (San Clemente Island that fire, bombardment, and bulldozing Clemente Island. However, wildfires woodland-star), and Sibara filifolia are minimal threats to Lithophragma and prescribed fires will continue to (Greene) Greene (Santa Cruz Island maximum given the fact that the species pose a threat to Sibara filifolia, which rockcress) are as follows: grows in canyon bottoms. The could be destroyed by fire, as evident A. The Present or Threatened commenter concluded that bulldozer from the destructive 1995 fire. Fires Destruction, Modification, or use is precluded in canyon bottoms and could also cause significant loss of Curtailment of Their Habitat or Range noted that the shore bombardment area vegetative cover and result in increased (SHOBA) is located on the opposite side erosion in the canyon habitats of In general, feral animals have caused of the island. The commenter stated that Lithophragma maximum. The a loss of habitat for endemic species on the same factors hold true for Sibara development and implementation of a all the Channel Islands. Defoliation from filifolia, although no specific fire management plan will be an integral overgrazing caused increased erosion information was provided. The part of any strategy to protect L. resulting in loss of topsoil and the commenter further stated that the maximum, S. filifolia, and the other formation of incised canyons (Kellogg Service had misrepresented the threat of sensitive biota on the island. and Kellogg 1994). The loss of soil fire to the species because of the Although some of the vegetation on organic matter, and reduction of soil location of the taxa and the low density the island is recovering well after nutrient cycling and water-holding of potential fuels. removal of the feral goats, their removal capacity promoted the invasion of non- Service Response: As was discussed may also allow for a general increase in native plants. previously under Issue 4, a 1995 fire previously browsed exotic vegetative The decline of the native flora of may have eliminated the populations of cover and thus increase the severity of Santa Catalina Island began with the Sibara filifolia known to be extant on any fire in the area. Sibara filifolia proliferation of introduced herbivores. San Clemente Island prior to 1996. apparently has not increased in Goats were introduced to the island as Based on the history of this species, abundance since feral goat removal (O. early as 1827 (Thorne 1967). Goats are even if all currently and previously Mistretta, Rancho Santa Ana Botanic known to consume coarse vegetation known populations are extant, the total Garden, in litt. 1996). such as shrubs and trees, including number of individuals present in 1997 Issue 9: The commenter Cercocarpus traskiae (Coblentz 1980). would likely be no more than a few recommended postponement of listing Sheep ranching became important on hundred. Although the bombardment or evaluation until the rare plant survey the island in the 1850’s (Minnich 1980). target areas are on the other side of the is completed to provide more definitive Sheep eat herbaceous vegetation that island from S. filifolia and L. maximum information on the status of would have included Sibara filifolia. populations, the area delineated as the Lithophragma maximum and Sibara Other non-native herbivores introduced SHOBA includes the entire southern filifolia on San Clemente Island. to Santa Catalina Island included pigs, end of the island. No bulldozing Service Response: Following bison, and deer. Pigs uprooted seedlings activities currently take place or are publication of the proposed rule and and soil in some canyons and may have planned on the sea terraces near the receipt of the commenter’s letter, Junak impacted both Sibara filifolia and Sibara filifolia sites (Stone, pers. comm. and Wilken (in litt. 1996) conducted the Cercocarpus traskiae (Thorne 1967). 1996), therefore, bulldozing currently requested rare plant survey and Although the Santa Catalina Island remains a minimal threat to Sibara provided results and pertinent Company eliminated sheep grazing in filifolia. However, if bulldozing is discussion to the Service. Based on a the 1950’s (Thorne 1967), the employed for access or fire suppression, review of the interim rare plant survey population of feral goats and pigs the effects of such an action could easily and other information available to the continued to increase. A goat and pig eliminate the S. filifolia population. Service, it is unlikely that finalization of management program has reduced the Fires or bulldozing can also lead to the document will provide significant number of feral herbivores, but the increased erosion above the steep information indicating that threat to native species still remains canyons and induce habitat loss for Lithophragma maximum and Sibara (Dave Garcelon, Institute For Wildlife, Lithophragma maximum. Fires near the filifolia are more widespread or less Santa Catalina Island, pers. comm. upper ends of the canyons could also vulnerable than previously believed. 1994) (see Factor C). Pigs continue to destroy the dense shrub cover of Rhus degrade the habitat of Cercocarpus Summary of Factors Affecting the traskiae on Santa Catalina Island by integrifolia (lemonade berry) and Species Prunus ilicifolia ssp. lyonii (Catalina preventing surface litter from cherry) which often provide cover for L. After a thorough review and accumulating. Surface litter holds maximum (G. Allan, in litt. 1996; Elvin, consideration of all information moisture and seeds on the steep slopes. in litt. 1996). available, the Service has determined Pigs also create a network of bare trails Issue 8: In response to the threat that Cercocarpus traskiae, with compacted soils. The vegetation posed by military-associated fires, the Lithophragma maximum, and Sibara loses its tiered, overlapping structure commenter contended that the Navy is filifolia should be classified as because shrubs become isolated by actively implementing a fire endangered species. Procedures found surrounding trails (Martin 1984). A management plan and that fuel breaks at section 4 of the Act (16 U.S.C. 1533) noticeable increase in seedlings of all had been created around target sites in and regulations (50 CFR part 424) types have been observed since the the SHOBA. According to the promulgated to implement the listing numbers of pigs and goats have declined commenter, although the Fire provisions of the Act were followed. A (Rieseberg and Swensen 1996). Management Plan (FMP) is still being species may be determined to be an San Clemente Island is currently used prepared it will prohibit military endangered or threatened species due to as an artillery practice range and as a training using pyrotechnics or live firing one or more of the five factors described ship-to-shore bombing area (Kellogg and during the fire season. in section 4(a)(1). These factors and Kellogg 1994). Fires due to natural Service Response: The suppression their application to Cercocarpus events or as a result of military activities measures recently proposed by the Navy traskiae Eastw. (Catalina Island can significantly decrease the plant should decrease the spread and severity mountain-mahogany), Lithophragma cover. This can lead to increased 42698 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations erosion, which is a serious, persistent and pigs. Pigs are limiting the recovery (CEQA) and the National Environmental problem on the island (Kellogg and of C. traskiae because they uproot new Policy Act (NEPA); (3) the Act in those Kellogg 1994). An indirect effect of fire seedlings while searching for food. cases where these taxa occur in habitat is the possible alteration of the climax Previously these animals nearly drove occupied by other listed species; and (4) vegetation components and associated this taxon to extinction (Rieseberg et al. local laws and regulations. habitat. The direct effects of fire on the 1989). Fencing was installed around two State and Local Laws, Regulations, plant populations is discussed under individuals in the late 1970s (Rieseberg and Ordinances: The California Fish Factor E. 1991). In 1985, this fencing was and Game Commission has listed The decline of the flora on Santa Cruz improved and enlarged to exclude pigs, Cercocarpus traskiae and Lithophragma Island, including extirpated populations and perimeter fencing was added to maximum as endangered under the of Sibara filifolia, is primarily due to limit access by other non-native animals Native Plant Protection Act (NPPA) overgrazing by sheep and other non- (Rieseberg 1991). As a result, seedling (Division 2, chapter 10, section 1900 et native herbivores. Sheep, cattle, and counts increased from 1 in 1984 to 70 seq. of the California Fish and Game horses were introduced to Santa Cruz seedlings in 1988 (Rieseberg 1991). In (CFG) Code) and the CESA (Division 3, Island in 1853; pigs may have been 1994, however, a total of only 54 chapter 1.5, section 2050 et seq.). introduced at the same time seedlings was found. Most of the C. Although NPPA and CESA prohibit the (Brumbaugh 1980). The population of traskiae trees do not have individual ‘‘take’’ of State-listed plants (chapter 10, sheep has ranged from 20,000 to 50,000 pig-proof fencing around them and the section 1908 and chapter 1.5, section or more (Brumbaugh 1980, Schuyler perimeter fencing does not exclude pigs. 2080, CFG Code), these existing statutes 1987). Cycles of defoliation and erosion Approximately 2,000 pigs remained on appear to be inadequate to protect are evident in the stratigraphic studies Santa Catalina Island at the time of against the taking of such plants via of deposits from debris slides and publication of the proposed rule. It habitat modification or land use change correlate with the introduction of sheep appears that the SCIC pig removal by the landowner. After the CDFG to the island and periods of drought program has waned since 1994; the notifies a landowner that a State-listed (Brumbaugh 1980). Most feral current estimate of the numbers of pigs plant grows on his or her property, the herbivores have been removed, but pigs on Santa Catalina Island is 2,000 to CFG Code requires only that the remain and sheep currently remain on 3,000 animals (Garcelon, pers. comm. landowner notify the agency ‘‘at least 10 the east end of the island (see Factor C). 1996). days in advance of changing the land Although managers for the SCIC have use to allow salvage of such plant’’ B. Overutilization for Commercial, removed more than 8,000 goats from the (chapter 10 section 1913). Sibara Recreational, or Educational Purposes island, 300 to 400 goats remained on the filifolia is not State-listed and has no Due to their extreme rarity on Santa island at the time of publication of the protection under these laws. Catalina Island, Cercocarpus traskiae proposed rule in 1994. Due, in part, to The CEQA (California Public and Sibara filifolia may become decreased management since 1994, the Resources Code, section 21000 et seq.) vulnerable to collecting on the island as current estimate of the goat population requires that the potential a result of increased publicity following on Santa Catalina Island is up to 1,000 environmental impacts of proposed the publication of a listing proposal and to 1,500 animals (Garcelon, pers. comm. projects be disclosed to the public. The final rule. The rarity of C. traskiae and 1996). Similarly, populations of public agency with primary authority or S. filifolia suggests that any introduced mule deer are increasing, jurisdiction over the project is unauthorized collection or even currently estimated at 500 to 700 designated as the lead agency, and is unintentional overutilization could animals. Although reduced predation by responsible for conducting a review of result in extinction or extirpation. The goats resulted in successful basal the project and consulting with the focus of many evolutionary biologists on sprouting of Cercocarpus traskiae, a other agencies concerned with the the biology of islands (Rieseberg and continued increase in goat and deer resources affected by the project. Swensen 1996) ensures that interest in populations would likely reverse this Section 15065 of the CEQA Guidelines these insular species will continue, trend. Perimeter fencing along Wild requires a finding of significance if a necessitating careful control over access Boar Gully limits the access of deer and project has the potential to ‘‘reduce the to known or potential localities on the goats to Cercocarpus traskiae, but it number or restrict the range of a rare or islands of Santa Catalina and Santa does not entirely exclude them. endangered plant or animal.’’ Once Cruz. Overutilization is not known to be Sibara filifolia may have been significant impacts are identified, the applicable for Lithophragma maximum extirpated from Santa Cruz Island by lead agency may either require and Sibara filifolia on San Clemente overgrazing. Although some areas have mitigation or determine that ‘‘overriding Island, where public access is restricted been fenced, sheep and pigs continue to social and economic considerations’’ by the Navy. re-invade these areas and their numbers make mitigation infeasible (California appear to be increasing. Although Public Resources Code, Guidelines, C. Disease or Predation Sibara filifolia could be rediscovered on section 15093). In the latter case, Feral herbivores continue to threaten Santa Cruz Island, grazing by non-native projects may be approved that cause the survival of Cercocarpus traskiae animals may prevent its re- significant environmental damage, such (and, probably, Sibara filifolia) on Santa establishment or proliferation. as destruction of endangered plant Catalina Island and threaten the species or their habitat. Small projects possible reappearance of Sibara filifolia D. The Inadequacy of Existing on private lands, such as road building on Santa Cruz Island. Non-native mule Regulatory Mechanisms or fence installation, often qualify for deer and goats likely consume endemic Existing regulatory mechanisms that exemption under CEQA as categorically plants including Cercocarpus traskiae. could provide some protection for exempt activities. Also, ‘‘negative Severe browsing may kill plants directly Cercocarpus traskiae, Lithophragma declarations’’ can allow a State agency and prevent successful reproduction by maximum, and Sibara filifolia include: to overlook the existence of listed plants surviving individuals (Thorne 1967). (1) Listing under the California at project sites. The decline of Cercocarpus traskiae is Endangered Species Act (CESA); (2) the The majority of the occurrences of primarily due to grazing by feral goats California Environmental Quality Act these species are on Federal land and Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations 42699 are not subject to CEQA. Cercocarpus when fully implemented, will reduce that supports them. During the winter of traskiae and the Santa Catalina Island the chance of wildfires. However, the 1979–1980, large portions of canyon occurrence of Sibara filifolia are on number of plants of Sibara filifolia and walls were observed to have sloughed private land owned by the SCIC and Lithophragma maximum are so low that taking large numbers of endemic plants subject to the provisions of CEQA. fire remains a threat to their persistence with them. (Beauchamp and Ferguson Regardless, the Service does not and recovery. An existing agreement 1980). anticipate future project proposals that between the U.S. Forest Service and the Fires, some apparently related to may adversely affect listed species Navy to provide mutual support to military activities, and erosion have because SCIC lands are dedicated for suppress wildfires will add a level of contributed to the decline of conservation purposes. However, the protection beyond existing conditions. Lithophragma maximum, Sibara current threats posed by the naturally The Forest Service will provide aerial filifolia, and other native species expanding feral goat, pig, and mule deer resources for fire fighting; however, the endemic to San Clemente Island and populations on Santa Catalina Island difficulties associated with getting continue to threaten their existence would not be addressed by CEQA firefighting equipment to island (Kellogg and Kellogg 1994; Elvin, in litt. review. locations and the possible occurrence of 1996; Mistretta, in litt. 1996). The Federal Laws and Regulations: concurrent fires on the mainland, natural fire frequency of San Clemente Candidate or other sensitive species especially during fire season, may limit Island is not known and fire is not may be afforded protection if they exist the benefits of this agreement. Details of definitely known to be the primary with species already listed as threatened the San Clemente Island fire mechanism of natural disturbance on or endangered under the Act. However, management plan, as they pertain to the island (Kellogg and Kellogg 1994). the ‘‘Recovery Plan for the Endangered Sibara filifolia and Lithophragma Keeley (1982) found that the natural and Threatened Species of the maximum remain unresolved. occurrence of fire increased with California Channel Islands’ (Service Like CEQA, NEPA requires disclosure elevation and distance away from the 1984) was prepared prior to the of the environmental effects of projects coast (further inland); two factors that rediscovery of Sibara filifolia on San under Federal jurisdiction. Sibara would point away from natural fire Clemente Island. The plan also did not filifolia and Lithophragma maximum being a common occurrence on islands. include specific measures designed to are found on San Clemente Island, Considerable fire damage apparently protect Lithophragma maximum. which is federally owned. However, destroyed the known population of Although Castilleja grisea, a listed under NEPA, the Service’s comments Sibara filifolia on San Clemente Island species, occasionally occurs with are only advisory. Project proponents in 1995 (Stone, pers. comm. 1996; Lithophragma maximum, this situation are not required to necessarily avoid, Mistretta, in litt. 1996). Chance fires is not consistent or widespread (Stone, minimize, or mitigate impacts to these could drastically reduce or eliminate all pers. comm. 1996). The locations of the species under NEPA. of the remaining individuals of the extant populations of the three species species and destroy the seed bank as E. Other Natural or Manmade Factors which are the subject of this rule do not well, preventing reestablishment of the Affecting Their Continued Existence consistently coincide with those of last confirmed extant population (Elvin, other federally listed plant or animal As a consequence of habitat in litt. 1996). species on the islands (Kellogg and degradation on the islands, the Fire destroys vegetative cover to Kellogg 1994; Elvin, pers. comm. 1996). proportion of invasive exotic plant varying degrees, which can lead to Therefore, Federal protection under the species to native and endemic species secondary effects such as increased soil Act does not currently extend to these has increased. On San Clemente Island, instability and erosion. Degraded plant three species. Although the Navy has 98 species of alien plants are currently communities can result in excessive removed herbivores that were adversely known (Kellogg and Kellogg 1994). Of erosion (Kellogg and Kellogg 1994), affecting some of the listed taxa from these alien plants, ten were noted in particularly for areas near canyons San Clemente Island, natural threats and 1886 (Lyon 1886), 66 in 1963 (Raven where changes in hydrologic patterns direct and secondary impacts from 1963), and 81 in 1985 (Wallace 1985). may result from enlarged bare areas activities such as fires, bombing, and The abundance of exotic plants above canyon walls. Increased runoff bulldozing continue (Kellogg and continues to adversely affect the can lead to slope failure and slumping Kellogg 1994; Mistretta, pers. comm. endemic plant species of the island and of material into canyon bottoms. As 1996; Elvin, in litt. 1996). contributes to their slow recovery from stated above, erosion of steep canyons The Service acknowledges the efforts previous predation by feral animals on San Clemente Island threatens of the Navy to reduce the likelihood and (Kellogg and Kellogg 1994; Mistretta, in Lithophragma maximum and may be spread of wildfires on San Clemente litt. 1996). The disparity between the exacerbated by fire in the surrounding Island. The primary target area at China reported historical occurrences of areas. Canyon will be defoliated to reduce fuel Sibara filifolia on shady north-facing On Santa Catalina Island, Cercocarpus loads on-site to prevent the spread of slopes and the current presence of the traskiae would likely suffer high fire into San Clemente Island loggerhead species on grass-free, south-facing mortality from fire. Members of the shrike (Lanius ludovicianus mearnsi) slopes, suggests that alien grasses may genus Cercocarpus are long-lived, a trait habitat. No incendiary devices will be prevent the expansion of S. filifolia into typical of shrubs in low fire frequency used at this site during the period of the otherwise suitable habitat (Greene areas (Minnich 1980). The effects of a fire season that overlaps with the 1887a, Kellogg and Kellogg 1994). severe fire on this species would be breeding season of the shrike. In Lithophragma maximum is thought to significant because so few mature addition, a firebreak will be created have existed on the plateau area of San individuals remain and the species is upslope from the defoliated target area. Clemente Island before the introduction not known to be a stump-sprouter The secondary target area at Pyramid of non-native grasses (Kellogg and following fire events. On Santa Catalina Cove is used infrequently, but the Navy Kellogg 1994). The remaining habitat of Island, grazing by feral herbivores will also defoliate a portion of this area. L. maximum persists only within steep would inhibit the establishment of any Only those defoliated areas will be used canyons. Erosion threatens not only the new shoots which sprout following fire during the fire season. These measures, individual plants but the entire habitat (Minnich 1980). 42700 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations

Cercocarpus traskiae is threatened by determined to be endangered or of the Act requires Federal agencies, in hybridization with the locally common threatened. The Service finds that consultation with the Service, to ensure C. betuloides var. blancheae. Because designation of critical habitat for that any action authorized, funded, or only six mature individuals of C. Cercocarpus traskiae, Lithophragma carried out by such agency, does not traskiae are known to exist, genetic maximum, and Sibara filifolia is not jeopardize the continued existence of a swamping of the species would be the prudent at this time. Service regulations federally listed species, or does not probable outcome of hybridization. The (50 CFR 424.12(a)(1)) state that destroy or adversely modify designated uniqueness of the species would be designation of critical habitat is not critical habitat. For those species that compromised or lost due to the influx prudent when one or both of the occur wholly or primarily on Federal of genetic variability from the larger following situations exist: (1) The lands or in areas subject to Federal population. Rieseberg et al. (1989) have species is threatened by taking or other regulation, and that exist in small recommended elimination of mature human activity, and identification of numbers and/or have a limited hybrids as a means of preserving the critical habitat can be expected to geographic distribution, any action that species. increase the degree of such threat to the would potentially have a significant The Service has carefully assessed the species; or (2) such designation of impact to the species may result in a best scientific and commercial critical habitat would not be beneficial ‘‘jeopardy’’ biological opinion in a information available regarding the past, to the species. section 7 consultation. Due to the present, and future threats faced by As discussed under Factor B, limited, insular ranges of Sibara filifolia these three plant species in determining Cercocarpus traskiae and Sibara filifolia and Lithophragma maximum and their to issue this final rule. Based on this on Santa Catalina Island may become small population sizes, determinations evaluation, the preferred action is to list threatened by over-collecting, an for ‘‘jeopardy’’ and ‘‘adverse Cercocarpus traskiae, Lithophragma activity difficult to regulate. ‘‘Taking’’ is modification’’ likely would involve maximum, and Sibara filifolia as only regulated by the Act with respect similar scopes and analyses. The Navy endangered. Cercocarpus traskiae and to plants in cases of (1) removal and has begun meeting with the Service to Sibara filifolia are known from no more reduction to possession of federally discuss management of listed and other than two populations and fewer than 40 listed plants from lands under Federal sensitive species on San Clemente individuals. Lithophragma maximum jurisdiction, or their malicious damage Island, including Lithophragma has a dissected distribution pattern of or destruction on such lands; and (2) maximum and Sibara filifolia about 200 known individuals from 11 removal, cutting, digging-up, damaging, populations. Protection of their habitat populations. All three species are or destroying of federally listed plants will be addressed through the imperiled due to degradation of habitat, on non-federal lands in knowing consultation and recovery processes. fire, predation by feral animals, violation of any State law or regulation, Therefore, designation of critical habitat competition with exotic plant species, including State criminal trespass law. would provide no additional benefits erosion, and hybridization. Cercocarpus All known populations of C. traskiae are beyond those that these taxa would traskiae, Lithophragma maximum, and on privately owned lands with little or receive by virtue of their listing as Sibara filifolia are in danger of no Federal involvement. The SCIC, the endangered species. All other Federal extinction throughout all or a significant landowner, is aware of the presence of and State agencies involved have been portion of their ranges, and therefore C. traskiae, supports the proposal to list notified of the location and importance meet the Act’s definition of endangered. the species, and is currently working to of protecting habitat of these two taxa. Critical habitat is not being proposed for protect the population. In addition, the Therefore, due to the increased risk of these species at this time for reasons publication of precise maps and vandalism or collection, and the lack of discussed below. descriptions of critical habitat in the benefit to the species, the Service finds Federal Register, would make the few Critical Habitat that designation of critical habitat is not remaining plants more vulnerable to prudent at this time for Cercocarpus Critical habitat is defined in section 3 incidents of vandalism or collection and traskiae, Sibara filifolia, and of the Act as: (i) The specific areas could contribute to the decline of the Lithophragma maximum. within the geographical area occupied species. Therefore, the designation of by a species, at the time it is listed in critical habitat for C. traskiae (and S. Available Conservation Measures accordance with the Act, on which are filifolia, should its presence on Santa Conservation measures provided to found those physical or biological Catalina Island be confirmed) could species listed as endangered or features (I) essential to the conservation contribute to the decline of the species. threatened under the Act include of the species and (II) that may require The Service also determines that recognition, recovery actions, special management considerations or designation of critical habitat is not requirements for Federal protection, and protection; and (ii) specific areas prudent for Sibara filifolia or prohibitions against certain activities. outside the geographical area occupied Lithophragma maximum. Critical Recognition through listing encourages by a species at the time it is listed, upon habitat designation provides protection public awareness and results in a determination that such areas are only on Federal lands or on private conservation actions by Federal, State, essential for the conservation of the lands when there is Federal and local agencies, private species. ‘‘Conservation’’ means the use involvement through authorization or organizations, and individuals. The Act of all methods and procedures needed funding of, or participation in, a project provides for possible land acquisition to bring the species to the point at or activity. Extant populations of Sibara from willing sellers and cooperation which listing under the Act is no longer filifolia and Lithophragma maximum with the States and requires that necessary. occur on Federal lands on San Clemente recovery actions be carried out for all Section 4(a)(3) of the Act, as Island (except, as noted above, for the listed species. The protection required amended, and implementing regulations occurrence of Sibara filifolia on Santa of Federal agencies and the prohibitions (50 CFR 424.12) require that, to the Catalina Island) and are managed by the against certain activities involving listed maximum extent prudent and Navy. These populations are subject to plants are discussed, in part, below. determinable, the Secretary designate section 7 consultation and recovery Section 7(a) of the Act, as amended, critical habitat at the time a species is planning under the Act. Section 7(a)(2) requires Federal agencies to evaluate Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations 42701 their actions with respect to any species areas under Federal jurisdiction and the 4181 (telephone 503/231–6241; that is proposed or listed as endangered removal, cutting, digging up, damaging, facsimile 503/231–6243). or threatened and with respect to its or destroying of such plants in knowing National Environmental Policy Act critical habitat, if any is being violation of any State law or regulation, designated. Regulations implementing including State criminal trespass law. The Fish and Wildlife Service has this interagency cooperation provision Certain exceptions to the prohibitions determined that Environmental of the Act are codified at 50 CFR part apply to agents of the Service and State Assessments or Environmental Impact 402. Section 7(a)(4) requires Federal conservation agencies. Statements, as defined under the agencies to confer with the Service on The Act and 50 CFR 17.62 and 17.63 authority of the National Environmental any action that is likely to jeopardize also provide for the issuance of permits Policy Act of 1969, need not be the continued existence of a species to carry out otherwise prohibited prepared in connection with regulations proposed for listing or result in activities involving endangered plants adopted pursuant to section 4(a) of the destruction or adverse modification of under certain circumstances. Such Endangered Species Act of 1973, as proposed critical habitat. If a species is permits are available for scientific amended. A notice outlining the subsequently listed, section 7(a)(2) purposes and to enhance the Service’s reasons for this determination requires Federal agencies to ensure that propagation or survival of the species. It was published in the Federal Register activities they authorize, fund, or carry is anticipated that few trade permits on October 25, 1983 (48 FR 49244). out are not likely to jeopardize the would ever be sought or issued for these Required Determinations continued existence of the species or species since they are not in cultivation destroy or adversely modify its critical or common in the wild. The Service has examined this habitat. If a Federal action may affect a It is the policy of the Service, regulation under the Paperwork listed species or its critical habitat, the published on July 1, 1994 (59 FR Reduction Act of 1995 and found it to responsible Federal agency must enter 34272), to identify to the maximum contain no information collection into consultation with the Service. extent practicable at the time a species requirements. The U.S. Army Corps of Engineers is listed those activities that would or References Cited may have jurisdiction under section 404 would not constitute a violation of of the Clean Water Act for some habitats section 9 of the Act. The intent of this A complete list of all references cited that support these plants. Nationwide policy is to increase public awareness of herein is available upon request from permits (61 FR 65784) are not valid the effect of this listing on proposed and the U.S. Fish and Wildlife Service, where a federally listed endangered or ongoing activities within the species’ Carlsbad Field Office (see ADDRESSES threatened species would be directly or range. Sibara filifolia and Lithophragma section). indirectly affected by the proposed maximum are known to occur on lands Author: The primary author of this project. When a proposed project may under the jurisdiction of the Navy. In document is Dr. Gary D. Wallace, affect a listed species, consultation is general, the collection, damage, or Carlsbad Field Office (see ADDRESSES required pursuant to section 7 of the Act destruction of listed species on these section). prior to the authorization of any permit. lands is prohibited, except as authorized List of Subjects in 50 CFR Part 17 In addition, the Navy owns San under section 7 or section 10(a)(1)(A) of Clemente Island and administers lands the Act. Such activities on non-Federal Endangered and threatened species, containing Sibara filifolia and lands, as would be the case for Exports, Imports, Reporting and Lithophragma maximum and Cercocarpus traskiae, and Santa recordkeeping requirements, authorizes, funds, or otherwise conducts Catalina Island specimens of Sibara Transportation. activities that may affect these species; filifolia, would constitute a violation of Regulation Promulgation these actions also are subject to review section 9, if activities were conducted in by the Service under section 7 of the knowing violation of State law or Accordingly, part 17, subchapter B of Act. regulations or in violation of State chapter I, title 50 of the Code of Federal The Act and its implementing criminal trespass law. The Service is not Regulations, is amended as set forth regulations set forth a series of general aware of any otherwise lawful activities below: prohibitions and exceptions that apply currently being conducted or proposed to all endangered plants. All by the public that would be affected by PART 17Ð[AMENDED] prohibitions of section 9(a)(2) of the Act, this listing and result in a potential 1. The authority citation for part 17 implemented by 50 CFR 17.61 for violation of section 9. continues to read as follows: endangered plants, apply. These Questions whether specific activities prohibitions, in part, make it illegal for would constitute a violation of section Authority: 16 U.S.C. 1361–1407; 16 U.S.C. any person subject to the jurisdiction of 9 should be directed to the Field 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– the United States to import or export, Supervisor of the Service’s Carlsbad 625, 100 Stat. 3500, unless otherwise noted. transport in interstate or foreign Field Office (see ADDRESSES section). 2. Section 17.12(h) is amended by commerce in the course of a commercial Requests for copies of the regulations adding the following, in alphabetical activity, sell or offer for sale in interstate concerning listed plants (50 CFR 17.61 order under FLOWERING PLANTS, to or foreign commerce, or remove and and 17.71) and general inquiries the List of Endangered and Threatened reduce the species to possession from regarding prohibitions and permits may Plants: areas under Federal jurisdiction. In be addressed to the U.S. Fish and addition, for plants listed as Wildlife Service, Ecological Services, § 17.12 Endangered and threatened plants. endangered, the Act prohibits the Endangered Species Permits, 911 N.E. * * * * * malicious damage or destruction on 11th Avenue, Portland, Oregon 97232– (h) * * * 42702 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations

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

FLOWERING PLANTS

******* Cercocarpus traskiae Catalina Island U.S.A. (CA) ...... Rosaceae ...... E 624 NA NA mountain-mahogany.

******* Lithophragma maxi- San Clemente Is- U.S.A. (CA) ...... Saxifragaceae ...... E 624 NA NA mum. land woodland- star.

******* Sibara filifolia ...... Santa Cruz Island U.S.A. (CA) ...... Brassicaceae ...... E 624 NA NA rockcress.

*******

Dated: July 21, 1997. John G. Rogers, Acting Director, Fish and Wildlife Service. [FR Doc. 97–20879 Filed 8–7–97; 8:45 am] BILLING CODE 4310±55±P