Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40325

Species Vertebrate population Historic range where en- Status When listed Critical Special Common name Scientific name dangered or habitat rules threatened

******* CRUSTACEANS

******* Amphipod, Illinois cave Gammarus U.S.A. (IL) ...... NA E ...... NA NA acherondytes.

*******

Dated: July 10, 1997. appointment, during normal business Wiggins (1940) described John G. Rogers, hours at the above address. keckii from specimens collected in 1935 A cting Director, Fish and Wildlife Service. FOR FURTHER INFORMATION CONTACT: Ken and 1938 near White River, Tulare [FR Doc. 97–19763 Filed 7–25–97; 8:45 am] Fuller, Sacramento Field Office (see County. Sidalcea keckii was known BILLING CODE 4310–55–P ADDRESSES section), (telephone 916/ historically from three populations 979–2120; facsimile 916/ 979–2128). occurring between 120 to 425 meters (m) (400 to 1,400 feet (ft)) in elevation, DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: but it has not been seen at two of these Background sites for about 57 years. It was Fish and Wildlife Service considered to be extinct until 1992, The San Joaquin Valley of California when the third, and only extant, 50 CFR Part 17 is a large, north-south oriented, alluvial population of S. keckii was discovered valley that is mostly farmed or RIN 1018–AE30 by consultants conducting a site urbanized. The San Joaquin Valley, from inventory as part of the environmental Endangered and Threatened Wildlife Stockton in the north to Bakersfield in compliance prior to construction of a and ; Proposed Endangered the south, is approximately 700 subdivision (Woodward and Clyde, Status for the Sidalcea Keckii kilometers (km) (320 miles (mi)) long Biological Consultants, 1992). The (Keck’s Checker-Mallow) From Tulare and 300 km (135 mi) wide. Tulare population of S. keckii occurs on 20 to County, California County, one of ten counties in the San 40 percent slopes of red or white- Joaquin Valley, is located toward the colored clay in sparsely-vegetated AGENCY: Fish and Wildlife Service, southern end of the valley. A single annual grasslands. The clays are thought Interior. population of Sidalcea keckii occurs to be derived from serpentine ACTION: Proposed rule. toward the southern end of the valley, (magnesian or ultramafic) soils. The in south-central Tulare County. population covers an area measuring 30 SUMMARY: The Fish and Wildlife Service Sidalcea keckii is a slender, hairy, m by 100 m (100 ft by 320 ft) and had (Service) proposes to list Sidalcea keckii erect annual herb belonging to the (Keck’s checker-mallow) as endangered a total of only 60 plants in 1992. It mallow family (). The species occurs on a privately-owned parcel of pursuant to the Endangered Species Act grows 1.5 to 3.5 decimeters (dm)(6 to 13 of 1973, as amended (Act). Sidalcea land comprising an area of 280 hectare inches(in.)) tall. The lower leaf blades (ha) (700 acre (ac)) that is currently keckii is known only from a single have 7 to 9 shallow lobes. The upper population in the annual grasslands of grazed by livestock. S. keckii is leaves have a tapered base with 2 to 5 threatened by urban development, Tulare County, California. Sidalcea notches in the upper lobes. A few deep keckii is threatened by urban agricultural land conversion, and pink flowers, 10 to 20 millimeters (mm) naturally occurring events. development, agricultural land (0.4 to 0.8 in.) wide, appear in April conversion, and naturally occurring through May. Seeds are smooth and Previous Federal Action events. This proposal, if made final, pink-tinted. Sidalcea keckii closely Federal government actions on the would implement the Federal protection resembles four other annual species of plant began as a result of section 12 of and recovery provisions afforded by the Sidalcea—S. calycosa, S. diploscyha, S. the original Endangered Species Act of Act for the plant. hartwegii, and S. hirsuta. Sidalcea 1973, (Act) as amended (16 U.S.C. 1531 DATES: Comments from all interested calycosa and S. diploscyha have ranges et seq.), which directed the Secretary of parties must be received by, September that overlap with S. keckii. Sidalcea the Smithsonian Institution to prepare a 26, 1997. Public hearing requests must keckii can be variously separated from report on those plants considered to be be received by September 11, 1997. similar species by the number and size endangered, threatened, or extinct in the ADDRESSES: Comments and materials of flowers, the arrangement of stamens, United States. This report, designated as concerning this proposal should be sent the lengths of the bract and calyx, the House Document No. 94–51, was to the Field Supervisor, U.S. Fish and presence of an aggregation of linear presented to Congress on January 9, Wildlife Service, Sacramento Field stipules and bracts surrounding the 1975, and included Sidalcea keckii as a Office, 3310 El Camino Avenue, flower at maturity, the size and shape of threatened species. The Service Sacramento, California 95825. the stem leaves, the density of hairs on published a notice on July 1, 1975 (40 Comments and materials received will the stems, and the presence of a FR 27823) of its acceptance of the report be available for public inspection, by purplish spot on the flower. of the Smithsonian Institution as a 40326 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules petition within the context of section Processing of this rule is a Tier 3 a threat to the species, an increase in 4(c)(2) (petition provisions are now activity under the current listing grazing intensity beyond best found in section 4(b)(3) of the Act) and priority guidance (61 FR 64480). management practices could potentially its intention thereby to review the status threaten the species. A 64 ha (160 ac) Summary of Factors Affecting the of the plant taxa named therein. The portion of the 280 ha (700 ac) on which Species July 1, 1975 notice included the above the plant occurs is currently zoned as taxon. On June 16, 1976, the Service Section 4 of the Act (16 U.S.C. 1533) Planned Development of Foothill published a proposal (41 FR 24523) to and regulations (50 CFR part 424) Mobile Home. This designation permits, determine approximately 1,700 vascular promulgated to implement the listing subject to site plan review, a plant species to be endangered species provisions of the Act set forth the subdivision, business, or mixed pursuant to section 4 of the Act. The list procedures for adding species to the business and residential development of of 1,700 plant taxa was assembled on Federal list of endangered and the land. Lands adjacent to this parcel the basis of comments and data received threatened species. A species may be are zoned to permit citrus, grapes, or by the Smithsonian Institution and the determined to be endangered or other crop agriculture, or livestock Service in response to House Document threatened due to one or more of the grazing (Roberto Brady, Tulare County No. 94–51 and the July 1, 1975, Federal five factors described in section 4(a)(1). Planning Department, pers. comm. Register publication. S. keckii was not These factors and their application to 1997). A zoning variance could permit included in the June 16, 1976, Federal Sidalcea keckii Wiggins (Keck’s either residential or agricultural use of Register document. checker-mallow) are as follows: the parcel on which the plant occurs. The Service published an updated A . The Present or Threatened The intended future use of the land is notice of review for plants on December Destruction, Modification, or presently unknown. 15, 1980 (45 FR 82480). This notice Curtailm ent of its Habitat or Range included Sidalcea keckii as a category B. Overutilization for Com m ercial, 1* candidate. Category 1* candidates Only three verified sites for Sidalcea Recreational, Scientific, or Educational were species believed to have become keckii have been reported historically. Purposes extinct, S. keckii having since been The species is presumed extirpated from Overutilization is not currently rediscovered. This designation for S. its type locality near White River in known to be a threat to the plant, keckii was retained in the November 28, Tulare County and from a second however, because this plant is known 1983 supplement to the Notice of historical site in the vicinity of Piedra, from a small number of individual Review (48 FR 53640), as well as Fresno County. Despite repeated plants in a single population it is subsequent revisions on September 27, searches for the species, it has not been extremely vulnerable to unrestricted 1985 (50 FR 39526), February 21, 1990 found at either of these sites since 1939, collecting for scientific or horticultural (55 FR 6184), and September 30, 1993 when the species was first named (the purposes. Although this species is not (50 FR 51143). Upon publication of the date of the type collection), (John currently known to be sought by notice of review on February 28, 1996 Stebbins, Fresno State University, in litt. collectors, the genus is prized as a (61 FR 7596), the Service included S. 1994). One erroneous report of an source of choice horticultural plants. keckii as a candidate species. Candidate occurrence near Porterville, Tulare Impacts from excessive visits by species are those which the Service has County, is a misidentification of either individuals interested in seeing rare on file sufficient information on S. calycosa or S. hirsuta (J. Stebbins, in plants could result from increased biological vulnerability and threat(s) to litt. 1994). The only extant population, publicity as a result of this proposal. support proposals to list them as of approximately 60 individuals in threatened or endangered species. S. Tulare County, was discovered in 1992 C. Disease or Predation keckii was also listed as a candidate in (Stebbins, in litt. 1994). At this time there is no evidence to the Notice of Review published on Historically, the habitat of Sidalcea suggest that either disease or predation February 28, 1996 (61 FR 7596). keckii has been degraded by urban presents a significant problem for Section 4(b)(3)(B) of the Act requires development, agricultural land Sidalcea keckii. the Secretary to make certain findings conversion, and livestock grazing D. The Inadequacy of Existing on pending petitions within 12 months (Stebbins, in litt. 1994). These factors Regulatory Mechanisms of their receipt. Section 2(b)(1) of the continue to threaten S. keckii. As 1982 amendments further requires that recently as 1992, a subdivision was The California Environmental Quality all petitions pending on October 13, proposed for the private land containing Act (CEQA) requires a full disclosure of 1982, be treated as having been newly the only known population of S. keckii, the potential environmental impacts of submitted on that date. This was the although that proposal has been proposed projects. The public agency case for Sidalcea keckii, because the withdrawn (Marge Neufield, Tulare with primary authority or jurisdiction 1975 Smithsonian report had been County Planning Department, in litt. over the project is designated as the lead accepted as a petition. On October 13, 1995). Agricultural land conversion also agency, and is responsible for 1982, the Service found that the threatens this population (California conducting a review of the project and petitioned listing of the species was Natural Diversity Data Base 1995). consulting with the other agencies warranted, but precluded by other Citrus orchards occur within 1.6 concerned with the resources affected pending listing actions, in accordance kilometers (1 mile) of the population of by the project. Section 15065 of the with section 4(b)(3)(B)(iii) of the Act; S. keckii. The parcel of land where this CEQA Guidelines requires a finding of notification of this finding was species occurs is at the same elevation significance if a project has the potential published on January 20, 1984 (49 FR as existing orchards, and has soils to ‘‘reduce the number or restrict the 2485). Such a finding requires the similar to those on which citrus is range of a rare or endangered plant or petition to be recycled, pursuant to grown. animal.’’ Species that are eligible for section 4(b)(3)(C)(I) of the Act. The The land on which the population is listing as rare, threatened, or finding was reviewed annually in found is currently used for grazing. endangered but are not so listed, are October of 1983 through 1997. S. keckii Although the level of grazing on the given the same protection provided for has a listing priority number of 2. parcel is not currently thought to pose Federal or State listed species. Once any Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40327 significant effects are identified, the these threats. Because of the high collectors, the genus is prized as a lead agency has the option to either potential for these threats, if realized, to source of choice horticultural plants. require mitigation for effects through result in the of S. keckii, the The listing of this species as endangered changes in the project, or to decide that preferred action is to list S. keckii as also publicizes its rarity and, thus, can overriding considerations would make endangered. make it attractive to researchers or mitigation infeasible. Projects may Other alternatives to listing were collectors of rare plants. Listing of S. therefore be approved that can cause considered before publication of this keckii as an endangered species also significant environmental damage. proposed rule. There are currently no discloses the present vulnerability of Protection of unlisted, proposed, and activities for the conservation of the this species and, thus, can be reasonably listed species through CEQA is therefore species (e.g., conservation agreements or expected to increase the treat of dependant upon the judgement of the easements) being undertaken or vandalism or the intentional destruction lead agency. Proposed revisions to planned. The alternative of listing the of its habitat. In light of the CEQA guidelines, if implemented, may species as threatened is inappropriate at vulnerability of this species to also weaken protections for threatened, this time because of the high potential vandalism or intentional destruction of endangered, and other sensitive species. for either land development or the species habitat, publication of maps Sidalcea keckii is not listed by the agricultural conversion to result in the providing it precise locations and California Department of Fish and Game extinction of Sidalcea keckii. Current descriptions of critical habitat, as under the California Endangered practices of CEQA within the State of required for the designation of critical Species Act (Chapter 1.5 sec. 2050 et California would provide inadequate habitat, would reasonably be expected seq. of the California Fish and Game protection for this candidate species. to increase the degree of threats to the Code and Title 14 California Code of Listing S. keckii as endangered would species, increase the difficulties of Regulations section 670.2). Listing by provide Federal protection for the enforcement, and further contribute to the State of California requires species and result in additional the decline of S. keckii. individuals to obtain a management protection as outlined under the Furthermore, critical habitat agreement with the California Available Conservation Measures designation for Sidalcea keckii is not Department of Fish and Game (CDFG) to section. prudent due to lack of benefit. The possess or ‘‘take’’ a listed species. species is limited to a single location, Critical Habitat Although ‘‘take’’ of State-listed plants is and any action that would adversely prohibited (California Native Plant Critical habitat is defined in section 3 modify critical habitat also would Protection Act, Chapter 10 section 1908 of the Act as: (i) The specific areas jeopardize the species. Therefore, the and California Endangered Species Act, within the geographical area occupied designation of critical habitat would not Chapter 1.5 section 2080), State law by a species, at the time it is listed in provide any benefit to the conservation appears to exempt the taking of such accordance with the Act, on which are of the species. plants via habitat modification or land found those physical or biological Protection of the habitat of this use changes by the owner. Effectively features (I) essential to the conservation species will be primarily addressed upon notification of a landowner by of the species and (II) that may require through the recovery process. Protection CDFG that a State-listed plant grows on special management considerations or of the habitat of this species may also be his or her property, a land owner will protection and; (ii) specific areas addressed through the section 7 become obligated under State law to outside the geographical area occupied consultation process. Consultation may notify the agency ‘‘at least 10 days in by a species at the time it is listed, upon be necessary for the possible renewal of advance of changing the land use to determination that such areas are a Bureau of Reclamation’s Friant service allow salvage of such a plant’’ (Native essential for the conservation of the area Central Valley Project water Plant Protection Act, Chapter 10 section species. ‘‘Conservation’’ means the use contract, affecting the land on which the 1913). of all methods and procedures needed species occurs. The Service believes that to bring the species to the point at effects of Federal involvement in the E. Other Natural or Manm ade Factors which listing under the Act is no longer areas where this plant occurs can be A ffecting Its Continued Existence necessary. adequately identified without the Sidalcea keckii is extremely localized Section 4(a)(3) of the Act, as designation of critical habitat. with one only small population of amended, and implementing regulations Therefore, the Service finds that approximately 60 individuals. This (50 CFR 424.12) require that, to the designation of critical habitat for this species is, therefore, highly susceptible maximum extent prudent and plant is not prudent, such designation to extinction from naturally occurring determinable, the Secretary designate would reasonably increase the degree of events such as fire, insect predation, critical habitat at the time a species is threats from vandalism or intentional and disease outbreaks (Primack 1993). determined to be endangered or destruction of habitat and would not The Service has carefully assessed the threatened. Service regulations (50 CFR increase the degree of protection for the best scientific and commercial 424.12(a)(1)) state that designation of species beyond the protection afforded information available regarding the past, critical habitat is not prudent when one by listing. present, and future threats faced by this or both of the following situations species in determining to propose this exist—(1) the species is threatened by Available Conservation Measures rule. Sidalcea keckii is threatened by taking or other human activity, and Conservation measures provided to urban development, agricultural land identification of critical habitat can be species listed as endangered or conversion, and naturally occurring expected to increase the degree of threat threatened under the Act include events. Although the Service is not to the species, or (2) such designation of recognition, recovery actions, aware of any current proposal for either critical habitat would not be beneficial requirements for Federal protection, and development or conversion of the parcel to the species. prohibitions against certain practices. on which the one small population The Service finds that designation of Recognition through listing encourages occurs, this population is situated in an critical habitat is not prudent for and results in conservation actions by area that is suitable for development or Sidalcea keckii. Although this species is Federal, State, and private agencies, agriculture and is unprotected from not currently known to be sought by groups, and individuals. The Act 40328 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules provides for possible land acquisition the United States to import or export, Public Comments Solicited and cooperation with the State and transport or ship in interstate or foreign The Service intends that any final requires that recovery actions be carried commerce in the course of a commercial action resulting from this proposal will out for all listed species. The protection activity, sell or offer for sale in interstate be as accurate and as effective as required of Federal agencies and the or foreign commerce, or remove and possible. Therefore, comments or prohibitions against certain activities reduce to possession from areas under suggestions from the public, other involving listed plants are discussed, in Federal jurisdiction. In addition, for concerned governmental agencies, the part, below. plants listed as endangered, the Act scientific community, industry, or any Section 7(a) of the Act, as amended, prohibits the malicious damage or requires Federal agencies to evaluate other interested party concerning this destruction on areas under Federal proposed rule are hereby solicited. The their actions with respect to any species jurisdiction and the removal, cutting, that is proposed or listed as endangered Service will follow its current peer digging up, or damaging or destroying of review policy (59 FR 34270) in the or threatened and with respect to its such plants in knowing violation of any critical habitat, if any is being processing of this rule. Comments State law or regulation, including State designated. Regulations implementing particularly are sought concerning: criminal trespass law. Certain this interagency cooperation provision (1) Biological, commercial trade, or exceptions apply to agents of the of the Act are codified at 50 CFR part other relevant data concerning any 402. Section 7(a)(4) of the Act requires Service and State conservation agencies. threat (or lack thereof) to Sidalcea Federal agencies to confer with the It is the policy of the Service (59 FR keckii; Service on any action that is likely to 34272) to identify, to the maximum (2) The location of any additional jeopardize the continued existence of a extent practicable at the time a species populations of this species and the proposed species or result in is listed, those activities that would or reasons why any habitat should or destruction or adverse modification of would not constitute a violation of should not be determined to be critical proposed critical habitat. If a species is section 9 of the Act. The intent of this habitat as provided by section 4 of the listed subsequently, section 7(a)(2) policy is to increase public awareness of Act; requires Federal agencies to ensure that the effects of the listing on proposed (3) Additional information concerning activities they authorize, fund, or carry and ongoing activities within the the range, distribution, and population out are not likely to jeopardize the species’ range. Collection, damage or size of this species; and continued existence of such a species or destruction of this species on Federal (4) Current or planned activities in the subject area and their possible impacts to destroy or adversely modify its land is prohibited, although in on this species. critical habitat. If a Federal action may appropriate cases, a Federal endangered Final promulgation of the affect a listed species or its critical species permit may be issued to allow regulation(s) for this species will take habitat, the responsible Federal agency collection for scientific or recovery into consideration the comments and must enter into formal consultation with purposes. Such activities on non- any additional information received by the Service. Federal lands would constitute a Ongoing Federal agency actions that the Service, and such communications violation of section 9 when conducted may affect Sidalcea keckii include may lead to a final regulation that in knowing violation of California State Bureau of Reclamation renewal of the differs from this proposal. law or regulations or in violation of Central Valley Project’s Friant water The Act provides for one or more contracts. Listing S. keckii would State criminal trespass law. public hearing(s) on this proposal, if provide for development of a recovery Activities that are not likely to violate requested. Requests must be received plan for the plant. A recovery plan section 9 include livestock grazing, within 45 days of the date of publication would bring together both State and construction or maintenance of fences of the proposal in the Federal Register. Federal efforts for conservation of this and livestock water facilities, clearing a Such requests must be made in writing species. The recovery plan would defensible space for fire protection and be addressed to the Field establish a framework for agencies to around one’s personal residence, and Supervisor, Sacramento Field Office, coordinate activities and cooperate with landscaping (including irrigation) (see ADDRESSES section). each other in conservation efforts. The around one’s personal residence. National Environmental Policy Act plan would set recovery priorities and Questions regarding whether specific estimate costs of various tasks necessary activities will constitute a violation of The Fish and Wildlife Service has to accomplish them. The recovery plan section 9 should be directed to the Field determined that an Environmental also would describe site-specific Supervisor of the Sacramento Field Assessments and Environmental Impact management actions necessary to Office (see ADDRESSES section). Statements, as defined under the achieve conservation and survival of the authority of the National Environmental plant. Additionally, pursuant to section The Act and 50 CFR 17.62 and 17.63 Policy Act of 1969, need not be 6 of the Act, the Service would be able also provide for the issuance of permits prepared in connection with regulations to grant funds to an affected State such to carry out otherwise prohibited adopted pursuant to section 4(a) of the as California for management actions activities involving endangered plant Endangered Species Act of 1973, as promoting the protection and recovery species under certain circumstances. amended. A notice outlining the of the species. Such permits are available for scientific Service’s reasons for this determination The Act and its implementing purposes and to enhance the was published in the Federal Register regulations set forth a series of general propagation or survival of the species. on October 25, 1983 (48 FR 49244). prohibitions and exceptions that apply Requests for copies of the regulations on to all endangered plants. All listed plants and inquiries regarding Required Determinations prohibitions of section 9(a)(2) of the Act, them may be addressed to the U.S. Fish The Service has examined this implemented by 50 CFR 17.61 for and Wildlife Service, Ecological regulation under the Paperwork endangered plants, apply. These Services, Permits Branch, 911 NE 11th Reduction Act of 1995 and found it to prohibitions, in part, make it illegal for Ave., Portland, Oregon 97232–4181 contain no information collection any person subject to the jurisdiction of (503/231–6241). requirements. This rulemaking was not Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40329 subject to review by the Office of Author PART 17—[AMENDED] Management and Budget under The primary author of this proposed Executive Order 12866. rule is Ken Fuller, U.S. Fish and 1. The authority citation for part 17 continues to read as follows: References Cited Wildlife Service, Sacramento Field Office (see ADDRESSES section). Authority: 16 U.S.C. 1361–1407; 16 U.S.C. California Natural Diversity Data Base. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 1995. An Electronic Data Base. Natural List of Subjects in 50 CFR Part 17 625, 100 Stat. 3500, unless otherwise noted. Heritage Division. California Department of Endangered and threatened species, Fish and Game. Sacramento, California. Exports, Imports, Reporting and 2. Section 17.12(h) is amended by Primack, R. 1993. Essentials of adding the following, in alphabetical Conservation Biology. Sinauer and recordkeeping requirements, and Transportation. order under Flowering Plants to the List Associates, pp. 272–273. of Endangered and Threatened Plants to Wiggins, I. 1940. Contributions to the Proposed Regulation Promulgation read as follows: Dudley Herbarium 3:55–56. Accordingly, the Service hereby Woodward and Clyde Biological § 17.12 Endangered and threatened plants. Consultants. 1992. Focused Biological proposes to amend part 17, subchapter Surveys for Eight Target Species in Tulare B of chapter I, title 50 of the Code of * * * * * County. Unpub. rept. Appendix J–1. Federal Regulations, as set forth below: (h) * * *

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

******* FLOWERING PLANTS

******* Sidalcea keckii ...... Keck’s checker-mal- U.S.A. (CA) ...... Malvaceae—Mallow E ...... NA NA low.

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Dated: July 3, 1997. John G. Rogers, A cting Director, Fish and Wildlife Service. [FR Doc. 97–19762 Filed 7–25–97; 8:45 am] BILLING CODE 4310–55–P