15164 Federal Register / Vol. 63, No. 60 / Monday, March 30, 1998 / Proposed Rules

Public Comments Solicited The Act provides for a public hearing the Ventura Fish and Wildlife Office The Service intends that any final on this proposal, if requested. Requests (see ADDRESSES section). action resulting from this proposal will must be received within 45 days of the Author: The primary author of this be as accurate and as effective as date of publication of the proposal in proposal is Diane Steeck, Ventura Fish possible. Therefore, comments or the Federal Register. Such requests and Wildlife Office (see ADDRESSES suggestions from the public, other must be made in writing and be section). addressed to the Field Supervisor (see concerned governmental agencies, the List of Subjects in 50 CFR Part 17 scientific community, industry, or any ADDRESSES section). Endangered and threatened species, other interested party concerning this National Environmental Policy Act proposed rule are hereby solicited. Exports, Imports, Reporting and Comments are particularly sought The Fish and Wildlife Service has recordkeeping requirements, concerning: determined that Environmental Transportation. (1) Biological, commercial trade, or Assessments and Environmental Impact Proposed Regulation Promulgation other relevant data concerning any Statements, as defined under the threat (or lack thereof) to Chlorogalum authority of the National Environmental Accordingly, the Service hereby purpureum; Policy Act of 1969, need not be proposes to amend part 17, subchapter (2) The location of any additional prepared in connection with regulations B of chapter I, title 50 of the Code of populations of the species and the adopted pursuant to section 4(a) of the Federal Regulations, as set forth below: reasons why any habitat should or Endangered Species Act of 1973, as PART 17Ð[AMENDED] should not be determined to be critical amended. A notice outlining the habitat pursuant to section 4 of the Act; Service’s reasons for this determination 1. The authority citation for part 17 (3) Additional information concerning was published in the Federal Register continues to read as follows: the range, distribution, and population on October 25, 1983 (48 FR 49244). size of the species; and Authority: 16 U.S.C. 1361–1407; 16 U.S.C. (4) Current or planned activities in the Required Determinations 1531–1544; 16 U.S.C. 4201–4205; Pub. L. 99– subject area and their possible impacts 625, 100 Stat. 3500, unless otherwise noted. on this species. This proposed rule does not contain 2. Amend § 17.12(h) by adding the A final determination of whether to collections of information that require following, in alphabetical order under list this species will take into approval by the Office of Management FLOWERING , to the List of consideration the comments and any and Budget under 44 U.S.C. 3501 et seq. Endangered and Threatened Plants: additional information received by the References Cited Service. Such communications may lead § 17.12 Endangered and threatened plants. to a final decision-making document A complete list of all references cited * * * * * that differs from this proposal. herein is available upon request from (h) * * *

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

******* FLOWERING PLANTS

******* Chlorogalum Purple amole ...... U.S.A. (CA) ...... LiliaceaeÐLily ...... T ...... NA NA purpureum.

*******

Dated: March 17, 1998. DEPARTMENT OF THE INTERIOR yerba santa), Hemizonia increscens ssp. Jamie Rappaport Clark, villosa (Gaviota tarplant), and Director, Fish and Wildlife Service. Fish and Wildlife Service nipomensis (Nipomo Mesa lupine) as endangered, pursuant to the Endangered [FR Doc. 98–8050 Filed 3–27–98; 8:45 am] 50 CFR Part 17 BILLING CODE 4310±55±U Species Act of 1973, as amended (Act). RIN 1018±AE81 These plants are in danger of extinction because their habitats have been Endangered and Threatened Wildlife significantly reduced by residential, and Plants; Proposed Endangered commercial, and oil and gas Status for Four Plants from South development. Their remaining habitats Central Coastal California have been adversely affected by AGENCY: Fish and Wildlife Service, development, military activities, Interior. alteration of natural fire cycles and the invasion of alien species. The ACTION: Proposed rule. limited distribution and small SUMMARY: The U.S. Fish and Wildlife population sizes of these four taxa also Service (Service) proposes to list make them more vulnerable to Cirsium loncholepis (La Graciosa extinction from naturally occurring thistle), capitatum (Lompoc events. Existing regulations do not Federal Register / Vol. 63, No. 60 / Monday, March 30, 1998 / Proposed Rules 15165 provide adequate protection to prevent and Mesembryanthemum crystalinum petiole. The flower heads are in tight further losses from ongoing activities. (crystalline iceplant) are serious threats clusters at the tips of the stems. This proposal, if made final, would to the natural ecological processes of Flowering heads are 2 to 4 cm (0.8 to 1.6 extend the Act’s protection to these coastal sandy habitats and to the in) wide. The corollas are 25 to 30 mm plants. viability of these proposed taxa (Smith (1 to 1.2 in) long and more or less white DATES: Comments from all interested 1976, Zedler and Scheid 1988, with a purplish tube containing purple parties must be received by May 29, Schoenherr 1992). anthers. This species closely resembles 1998. Public hearing requests must be Inland from the active dunes, there Cirsium brevistylum (Indian thistle), a received by May 14, 1998. are remnants of prehistoric uplifted taller plant with the upper portion ADDRESSES: Comments and materials dunes that have formed a weakly covered with cobwebby hairs. The concerning this proposal should be sent cemented sandstone that has weathered leaves of C. brevistylum are shallowly to the Field Supervisor, U.S. Fish and to produce a sandy, extremely well lobed, whereas the leaves of C. Wildlife Service, Ventura Fish and drained, and nearly infertile soil (Davis loncholepis are deeply lobed with Wildlife Office, 2493 Portola Road, et al. 1988). This substrate has a limited secondary lobes (Keil and Turner 1993). distribution, occurring on the following Suite B, Ventura, California 93003. Cirsium loncholepis is restricted to mesas in the area: Nipomo Mesa, Comments and materials received will back dune and coastal wetlands of Casmalia Hills, San Antonio Terrace, be available for public inspection, by southern San Luis Obispo County and Burton Mesa, Lompoc Terrace and appointment, during normal business northern Santa Barbara County from the Purisima Hills. The habitat that occurs hours at the above address. Pismo Dunes lake area and south on the sand hills has been called the historically to the Santa Ynez River, a FOR FURTHER INFORMATION CONTACT: Carl maritime and has been the Benz, Assistant Field Supervisor, distance of about 32 km (20 mi). The focus of several studies (Ferren et al. Guadalupe Dune complex, in which it Listing and Recovery, at the above 1984, Davis et al. 1988, Philbrick and address (telephone: 805/644–1766; occurs, extends inland only up to 3.2 Odion 1988, Davis et al. 1989, Odion et km (2 mi). Deflation areas behind the facsimile 805/644–3958). al. 1992). Two of the populations of SUPPLEMENTARY INFORMATION: foredunes often intersect the water Eriodictyon capitatum occur in the table, creating wetlands and back dune Background maritime chaparral. Seven local lakes. Cirsium loncholepis is found in endemic plant species that occur in this Cirsium loncholepis (La Graciosa wet soils surrounding the dune lakes habitat and at least 16 other uncommon and in the moist dune swales, where it thistle), Eriodictyon capitatum (Lompoc plant species are components of a plant is often associated with rush (Juncus yerba santa), Hemizonia increscens ssp. community known as the central coast spp.), tule (Scirpus spp.), willow (Salix villosa (Gaviota tarplant), and Lupinus maritime chaparral. This community spp.), poison oak (Toxicodendron nipomensis (Nipomo Mesa lupine) type is an exceptional biological diversilobum), salt grass (Distichlis occur along the south central California resource due to the concentration of rare spicata), and coyote brush (Baccharis coast. They are restricted to a narrow plants found within it; however most of pilularis). The historic distribution of area in western and northern Santa it has been converted to other land uses the species included extensive areas in Barbara County and southern San Luis or is degraded by weed invasion and the Orcutt region that have been Obispo County. habitat fragmentation (Davis et al. 1988, converted from wetland habitat to These taxa occur in sensitive, Odion et al. 1992). Central coast declining or altered habitats including maritime chaparral is considered agricultural uses or otherwise central dune scrub, central maritime threatened and sensitive by the developed. It is likely that large chaparral, valley needlegrass grassland, California Department of Fish and populations similar to the existing one coastal freshwater wetlands, and Game’s (CDFG) Natural Heritage at the mouth of the Santa Maria River southern bishop pine forest (Holland Division (Holland 1986). The southern occurred in these areas prior to their 1986, Schoenherr 1992). Two of these bishop pine forest is scattered in the conversion. As early as 1950, Smith habitats, central dune scrub and coastal Purisima Hills and occurs largely as a studied the lack of suitable habitat for freshwater wetlands, are notable for component of the central coast maritime C. loncholepis in the vicinity of La their geological and biological value. chaparral (Holland 1986). Graciosa (Abrams and Ferris 1960, The largest coastal dune system in Cirsium loncholepis (La Graciosa Smith 1976). The town of Orcutt is California is located in southern San thistle) was first collected by Eastwood likely built near the site of La Graciosa Luis Obispo County near Guadalupe, in 1906 near the village site of La and historic maps show the area where approximately 47 square Graciosa (razed in 1877) in San Luis covered with extensive wetlands which kilometers (sq km) (18 sq miles (mi)) of Obispo County. The original description no longer exist (Hendrickson 1990). active dunes create a series of back dune was published in 1917 by Petrak, who The species is now restricted to lakes. The Department of the Interior wrote a monograph on the genus marshes and the edges of willow added the Guadalupe Dune region to the Cirsium (Abrams and Ferris 1960). thickets in damp swales in the National Natural Landmark system in Cirsium loncholepis is a short-lived (1– Guadalupe dune system (Hendrickson 1980, recognizing the biological and 2 years), spreading, mound-like or erect 1990). The majority of the populations physical diversity of the area and often fleshy, spiny member of the in the dune systems are small and (Schoenherr 1992). Two of the taxa sunflower family (Asteraceae). Plants isolated and show a reduced proposed for listing in this rule (Lupinus are from 1 to 10 decimeters (dm) (4 to reproductive vigor (Hendrickson 1990). nipomensis and Cirsium loncholepis) 40 inches (in)) in height, with one to Seven of these populations have fewer are restricted to these dunes. Coastal several stems. The leaves are wavy- than 60 plants each (California Natural dune habitats are highly disturbed and margined. The lower leaves are 10 to 30 Diversity Data Base (CNDDB) 1997). all remnants have been invaded by alien centimeters (cm) (4 to 12 in) long with Only one population has a substantial plant species. Invasive weeds such as spiny petioles and usually deeply lobed number of plants, fluctuating between calycina (veldt grass), with secondary lobes or teeth. The leaf 6,000 and 54,000 individuals; however, Ammophila arenaria (European beach base of the middle and upper leaves it is located at the mouth of the Santa grass), Carpobrotus edulis (iceplant), forms short, spiny wings along the Maria River in the floodplain, where it 15166 Federal Register / Vol. 63, No. 60 / Monday, March 30, 1998 / Proposed Rules may be vulnerable to catastrophic resprouted successfully from the base of 1989). Other pockets of Conception and floods. the plant after a prescribed fire. Milpitas-Positas soils occur along the Groundwater pumping, oil field However, several stems died, no coast to the west and east of Gaviota, development, and competition from seedling recruitment occurred, and where the vegetation continues to be alien plants are ongoing threats to this there was heavy damage from herbivory altered by development, cattle grazing, species (Hendrickson 1990, CDFG (Jacks et al. 1984). and farming. Extensive repeated surveys 1992). Cattle grazing in the riparian Fire management practices, invasive have been conducted without success in habitat at the mouth of the Santa Maria non-native plant species, low seed these areas and it is not likely that River may reduce the competition from productivity, and naturally occurring additional plant populations will be other species (Hendrickson 1990), but events pose significant threats to the found (Howald 1989). As is typical of the long term effects of livestock use on long-term survival of this species. None annual plant species, the number of the habitat are unknown. All known of the colonies is actively protected. individuals present from one year to the extant populations of Cirsium Eriodictyon capitatum was listed as rare next varies dramatically, depending on loncholepis are on private lands. The by the State of California in 1979 (CDFG climatic conditions and other factors. trend for Cirsium loncholepis is one of 1992). There are some years when colonies decline (CDFG 1992, CNDDB 1997). Hemizonia increscens ssp. villosa may contain few to no individuals Eriodictyon capitatum (Lompoc yerba (Gaviota tarplant) is member of the (Howald 1989). In 1995, the taxon was santa) was collected by Hoffman in 1932 sunflower family. Tanowitz (1982) not abundant at any location (Kathy near Lompoc growing under Pinus described this plant from collected Rindlaub, pers. comm. 1995). muricata, and described the following material as well as a specimen gathered The narrow coastal terrace is bisected year (Eastwood 1933). Eriodictyon in 1902 by Elmer from Gaviota. lengthwise by Highway 101, a railroad, capitatum is a shrub in the waterleaf Hemizonia increscens ssp. villosa is a and several pipelines. Most of the family (Hydrophyllaceae) with sticky yellow-flowered, gray-green, soft hairy habitat for Hemizonia increscens ssp. stems up to 3 meters (m) (10 feet (ft)) annual that is 3 to 9 dm (12 to 35 in) villosa lies on the north side of the tall. The sticky leaves are narrowly tall with stems branching near the base. highway on private lands owned linear. The head-like has The lower leaves are 5 to 8.5 cm (2 to primarily by Texaco and Chevron. A lavender corollas that are 6 to 15 mm 3.4 in) long and gray-green. The few colonies occur on the south side of (0.2 to 0.6 in) long. It is distinguished inflorescence is rounded to flat-topped Highway 101 on land owned by the from related species by its narrow, with 13 ray flowers and 18 to 31 usually California Department of Parks and entire leaves and its head-like sterile disk flowers. Two other Recreation (Gaviota State Park) that are inflorescence (Halse 1993). subspecies, H. i. ssp. increscens and H. leased and managed by Texaco. In 1995, Eriodictyon capitatum occurs in i. ssp. foliosa, differ from H. i. ssp. there were no individuals in the colony maritime chaparral with bush poppy villosa by their stiff-bristly, deep green at the Texaco facility (K. Rindlaub, pers. (Dendromecon rigida), scrub oaks foliage (Keil 1993). comm. 1995). (Quercus berberidifolia, Q. parvula), Hemizonia increscens ssp. villosa has Hemizonia increscens ssp. villosa is and buck brush () a highly localized distribution in threatened by destruction of individual and in southern bishop pine forests western Santa Barbara County, where it plants, habitat loss, and degradation () that intergrade with is associated with needlegrass from the development of oil and gas chaparral including manzanita grasslands dominated by the non-native facilities, including pipelines, and (Arctostaphylos spp.) and black sage wild oat (Avena spp.) and occasional competition with alien weeds. The () (Smith 1983). The four native purple needle grass (Nassella recent trend for this taxon is one of known populations of E. capitatum spp.) that intergrade with coastal sage decline (CDFG 1992). occur in western Santa Barbara County. scrub composed of California sagebrush (Nipomo mesa Two of these, composed of three (), coyote bush lupine) was collected in 1937 by colonies, are on Vandenberg Air Force (Baccharis pilularis), and sawtooth Eastwood and Howell from Nipomo Base (VAFB). The other two populations golden bush (Hazardia squarrosa). Its Mesa, San Luis Obispo County; are located in the oilfields south of habitat lies on an uplifted, narrow Eastwood subsequently published a Orcutt (one colony), and at the western marine terrace 46 to 60 m (150 to 200 description of the species (Eastwood end of the Santa Ynez Mountains (three ft) above sea level. The plant is 1939). Although Munz (Munz and Keck colonies). The latter populations are on restricted to Conception and Milpitas- 1973) submerged L. nipomensis as a private land. Based on isozyme analysis, Positas soils, which consist of acidic, synonym of L. concinnus, other floras, Elam (1994) determined that all of the fine sandy loams (AAPC 1990). A including the most recent treatment, Santa Ynez Mountains colonies and two subsurface clay layer 46 to 90 cm (18 to recognize L. nipomensis as a species of the VAFB colonies were multiclonal. 36 in) deep may serve as a reservoir of (Abrams 1944, Riggins 1993). Lupinus The other two VAFB colonies are soil moisture in an area otherwise nipomensis is an annual member of the uniclonal. The Orcutt colony was not characterized by summer drought pea family (). It is 1 to 2 dm (4 studied due to inaccessibility. A clone (Howald 1989). to 8 in) tall and hairy with decumbent is composed of many stems produced by Hemizonia increscens ssp. villosa is stems. The leaves, with 5 to 7 leaflets, the vegetative spread of the root system. known only from a narrow, 3.6 km (2.2 are 10 to 15 mm (0.4 to 0.6 in) long and The three Santa Ynez Mountains mi) long band of coastal terrace situated 5 to 6 mm (0.2 to 0.3 in) wide. The colonies had a total of 48 clones. The between the Santa Ynez Mountains and inflorescence is not whorled and the three VAFB colonies had a total of 19 the ocean near Gaviota, 24 km (15 mi) flowers are 6 to 7 mm (0.2 to 0.3 in) long clones. Eriodictyon capitatum is self- west of Santa Barbara. Within this band, with pink petals. Lupinus nipomensis is incompatible (i.e., it requires pollen a total of about 24 hectares (ha) (60 acres distinguished from the related L. from genetically different plants to (ac)) of habitat occurs with concinnus by its decumbent produce seed) and its fruits are approximately 20 colonies of the taxon. inflorescence, succulent leaflets, lack of parasitized by an insect (Elam 1994). A The colonies are often separated by no axillary flowers, and its restriction to study of one of the uniclonal colonies at more than 100 m (330 ft), and represent sand dune habitat (Walters and Walters VAFB showed that E. capitatum one extended population (Howald 1988). Federal Register / Vol. 63, No. 60 / Monday, March 30, 1998 / Proposed Rules 15167

Lupinus nipomensis grows in comments received in relation to the priority guidance for fiscal year 1997, stabilized back dune habitat of the 1976 proposal were summarized in an published in the Federal Register on Guadalupe dunes in the southwestern April 26, 1978, Federal Register December 5, 1996 (61 FR 64475). In a corner of San Luis Obispo County. The publication (43 FR 17909). The Federal Register notice published on plant occurs as 1 extended population Endangered Species Act Amendments October 23, 1997 (62 FR 55628), the in 5 colonies with fewer than 700 of 1978 required that all proposals over guidance was extended beyond fiscal plants. The small patches are spread 2 years old be withdrawn. A 1-year year 1997 until such time as the fiscal over 2.4 km (1.5 mi). At least three grace period was given to those year 1998 appropriations bill for the historical localities have been proposals already more than 2 years old. Department of the Interior becomes law extirpated, including its type locality In the December 10, 1979, Federal and new final guidance is published. (CDFG 1992, CNDDB 1997). The Register (44 FR 70796), the Service The fiscal year 1997 guidance clarifies majority of the habitat is considered published a notice of withdrawal of the the order in which the Service will degraded by either physical disturbance June 16, 1976, proposal along with four process rulemakings following two or invasion by non-native weedy species other proposals that had expired. related events: (1) The lifting on April (Walters and Walters 1988). Even the The Service published an updated 26, 1996, of the moratorium on final high quality habitat is adversely affected Notice of Review for plants on listings imposed on April 10, 1995 (Pub. by impacts from non-native invasive December 15, 1980 (45 FR 82480). This L. 104–6), and (2) the restoration of species. The occurrences in best notice included Cirsium loncholepis, significant funding for listing through condition are situated in dune swales Eriodictyon capitatum, and Lupinus passage of the Omnibus Budget and contain a higher diversity of native nipomensis as category 1 candidate Reconciliation Act on April 26, 1996, annuals in the vicinity of widely spaced species. Category 1 candidates were following severe funding constraints individuals of mock heather (Ericameria formerly defined as taxa for which the imposed by a number of continuing ericoides), a small native subshrub. In Service had on file substantial resolutions between November 1995 both types of habitat, L. nipomensis information on biological vulnerability and April 1996. Based on biological requires pockets of bare sand, suggesting and threats to support preparation of considerations, this guidance a low tolerance for competition (Walters listing proposals, but issuance of the establishes a ‘‘multi-tiered approach and Walters 1988). proposed rule was precluded by other that assigns relative priorities, on a All known occurrences of Lupinus pending listing proposals of higher descending basis, to actions to be nipomensis are on private lands and priority. On November 28, 1983, the carried out under section 4 of the Act’’ remain unprotected. The primary threat Service published a supplement to the (61 FR 64479). The guidance calls for to the species is the uncontrolled Notice of Review in the Federal Register giving highest priority to handling invasion of aggressive non-native weeds (48 FR 53640), in which Cirsium emergency situations (Tier 1) and and the subsequent displacement of the loncholepis and Lupinus nipomensis second highest priority (Tier 2) to species. The plant was listed by the were included as category 2 candidates. resolving the listing status of the State as endangered in 1987 and the Category 2 formerly included taxa for outstanding proposed listings. Tier 3 recent trend is one of decline (CDFG which information in the possession of includes the processing of new 1992). the Service indicated that proposing to proposed listings for species facing high list as endangered or threatened was Previous Federal Action magnitude threats. This proposed rule possibly appropriate, but for which falls under Tier 3, since the taxa all have Federal action on these plants began sufficient data on biological listing priority numbers of 2 or 3. The as a result of section 12 of the vulnerability and threats were not guidance states that ‘‘effective April 1, Endangered Species Act of 1973, which available to support proposed rules. directed the Secretary of the The plant Notice of Review was again 1997, the Service will concurrently Smithsonian Institution to prepare a revised on September 27, 1985 (50 FR undertake all of the activities presently report on those plants considered to be 39526). In this notice, Eriodictyon included in Tiers 1, 2, and 3’’ (61 FR endangered, threatened, or extinct in the capitatum was included as a category 1 64480). The Service has thus begun United States. This report (House candidate, and Cirsium loncholepis and implementing a more balanced listing Document No. 94–51) was presented to Lupinus nipomensis remained category program, including processing more Congress on January 9, 1975, and 2 candidates. On February 21, 1990 (55 Tier 3 activities. The completion of this included Cirsium loncholepis and FR 6184), and September 30, 1993 (58 Tier 3 activity follows those guidelines. Eriodictyon capitatum as endangered. FR 51144), revised Notices of Review Summary of Factors Affecting the The Service published a notice in the were published that included Cirsium Species July 1, 1975, Federal Register (40 FR loncholepis, Eriodictyon capitatum, 27823) of its acceptance of the report of Hemizonia increscens ssp. villosa, and Section 4 of the Endangered Species the Smithsonian Institution as a petition Lupinus nipomensis as category 1 Act (16 U.S.C. 1531 et seq.) and within the context of section 4(c)(2) candidates. On February 28, 1996, the regulations (50 CFR part 424) (petition provisions are now found in Service published a Notice of Review in promulgated to implement the listing section 4(b)(3)) of the Act and its the Federal Register (61 FR 7596) that provisions of the Act set forth the intention to review the status of the discontinued the designation of category procedures for adding species to the plant taxa named therein. 2 species as candidates. That notice Federal lists. A species may be On June 16, 1976, the Service included as candidates only those taxa determined to be an endangered or published a proposal in the Federal meeting the former definition of threatened species due to one or more Register (41 FR 24523) to determine category 1, and included the four taxa of the five factors described in section approximately 1,700 in this proposed rule. They maintained 4(a)(1). These factors and their species to be endangered species candidate status in the Notice of Review application to Cirsium loncholepis pursuant to section 4 of the Act. Cirsium published on September 19, 1997 (62 FR Petrak (La Graciosa thistle), Eriodictyon loncholepis and Eriodictyon capitatum 49398). capitatum Eastw. (Lompoc yerba santa), were included in the June 16, 1976, The processing of this proposed rule Hemizonia increscens ssp. villosa B.D. Federal Register publication. General conforms with the Service’s final listing Tanowitz (Gaviota tarplant), and 15168 Federal Register / Vol. 63, No. 60 / Monday, March 30, 1998 / Proposed Rules

Lupinus nipomensis Eastw. (Nipomo silo and a 600 ha (1,500 ac) fire burned intensive maintenance (K. Rindlaub, Mesa lupine) are as follows: near occupied habitat of Eriodictyon pers. comm. 1995). The trend for the capitatum (Los Angeles Times 1997a; J. taxon is one of decline (CDFG 1992). A. The Present or Threatened Watkins, pers. comm. 1997). Wildfire The Guadalupe Dunes, which contain Destruction, Modification, or containment lines in the vicinity of the occurrences of Cirsium loncholepis and Curtailment of its Habitat or Range species were observed after the fire (J. Lupinus nipomensis, have been Habitat fragmentation and alteration Watkins, pers. comm. 1997). On extensively developed and altered for of species composition and vegetation November 1, 1997, a 495 ha (1,225 ac) petroleum extraction (Rindlaub et al. structure threaten the long term survival fire accidentally set by an explosives 1985). About one-third of the historic of all of the taxa in this rule. The taxa disposal team was partially contained occurrences of C. loncholepis have been in this rule have extremely limited by back burning the entire 35th Street extirpated (CDFG 1992). While the natural distributions (Eriodictyon population of E. capitatum (Los Angeles future extent of development and capitatum and Hemizonia increscens Times 1997b). Invasion by aggressive habitat alteration is unknown at this ssp. villosa) or reduced distributions alien plant species occurs after fire in time, continued energy-related resulting from loss of habitat (Cirsium the maritime chaparral habitats (see operations, including maintenance loncholepis and Lupinus nipomensis). factor E below). The expected increase activities, hazardous waste clean-up, Eriodictyon capitatum is associated in launch activities is likely to result in and other commercial development that with the central maritime chaparral and an increase in fires. result in additional habitat bishop pine, threatened habitat types modification, remain a predominant Hemizonia increscens ssp. villosa with limited distribution, and rich in threat (CDFG 1992). Ground water occurs within a narrow 3.6 km (2.25 mi) plant species of limited distribution extraction in the Guadalupe Dunes and band of coastal terrace grassland about (Holland 1986). Most central maritime vicinity is thought to have diminished 24 ha (60 ac) in extent. About 40 percent chaparral has been converted to a the total area of suitable habitat of C. of the coastal terrace habitat within the variety of land uses, and degraded by loncholepis by lowering the water table known range of H. i. ssp. villosa has development, weed invasion, habitat and drying the wetlands (Smith 1976, been destroyed, altered, or fragmented fragmentation and other factors (Hoover Hendrickson 1990, CDFG 1992). by the construction of oil and gas 1970, Davis et al. 1988, Odion et al. Hydrological alterations remain a facilities and pipelines. Projects during 1992, CNDDB 1997). Ice plant invasion significant threat to this taxon (CDFG the past five years within the taxon’s threatens to convert the maritime 1992). At least three historic habitat include the installation of a chaparral into a habitat dominated by populations of Lupinus nipomensis, water pipeline for the relocated Vista mats of the exotic succulent (Odion et including the type locality, have been del Mar school, and construction of the al. 1992). Ice plant was documented as extirpated. Development, along with Pacific pipeline (oil), the Mariposa an invasive in habitat occupied by E. invasion by alien plant species (see pipeline (oil/gas), and the Molina capitatum following a prescribed fire factor E below), are the primary threats drilling station. Molina Energy (Jacks et al. 1984). Veldt grass was to this species (CDFG 1992). seeded in controlled burns and used for Company is developing a project to soil stabilization at VAFB and has extract petroleum from three offshore B. Overutilization for Commercial, become widespread and naturalized natural gas reserves at an onshore Recreational, Scientific, or Educational (Smith 1976, Jones and Stokes 1997). drilling and production site. The Molina Purposes Comparison of historic and current parcel contains the single largest Overutilization is not known to be a photographs show no veldt grass in continuous population of H. i. ssp. factor affecting the taxa in this rule. 1973, whereas in 1997 the same site was villosa (M. Meyer, pers. comm. 1996). dominated by veldt grass (Chris Maintenance of pipelines and facilities C. Disease or Predation Gillespie, VAFB, pers. comm. 1997). will continue to disturb habitat for the Disease is not known to be a factor Department of Defense base closures taxon and facilitate the establishment of affecting any of the taxa in this rule. across the nation have resulted in the invasive weed species. Because the Herbivory by pocket gophers relocation of activities to those bases Santa Ynez Mountains rise sharply only (Thomomys bottae) has been that remain operational. Facility 0.15 km (0.25 mi) inland from the documented to consume whole colonies maintenance and development for coastline, the relatively flat coastal of Lupinus nipomensis and is military and private commercial terrace forms a natural corridor for any considered a major threat (Walters and purposes planned at VAFB are likely to utility project passing between the Walters 1988). Veldt grass provides a result in additional loss and alteration Gaviota Pass to the west and Santa year-round food source for the pocket of habitat for Eriodictyon capitatum (Al Barbara to the east. All future projects gopher, thus creating artificially high Naydal, VAFB, pers. comm. 1993). that pass through this corridor are densities of gophers and increased There is considerable competition for highly likely to adversely affect habitat predation pressure upon L. nipomensis. use of the commercial spaceport on the for H. i. ssp. villosa by further Veldt grass was observed to be base (25 to 30 companies) and launches destroying, degrading, and fragmenting increasing during the course of a three- are anticipated to occur every two habitat. The highest quality habitat year monitoring program for L. weeks (C. Gillespie, pers. comm. 1995). remains unprotected and lies within nipomensis and is forming pure stands Missile launch operations can adversely this pipeline corridor. In attempts to in the backdune habitat of L. nipomensis affect habitats surrounding launch mitigate habitat loss, a mitigation (Walters and Walters 1988). This facilities. In 1993, a missile destroyed management area has been established increase in food source exacerbates the shortly after launching at VAFB started by the oil industry; however, it protects threat posed by pocket gopher brush fires caused by burning rocket less than five percent of the habitat. predation. fuel and also caused physical damage Because invasive species must be Several invertebrate species have been from large fragments of metal blasted managed intensively to prevent their documented as predators of Lupinus downward toward the ground (Wallace dominance, it is questionable whether nipomensis, reducing the vigor and seed 1993). In September 1997, a 200 ha (500 this management area can sustain a production of this species. The most ac) fire ignited near an active missile colony of Hemizonia without ongoing significant predator is an anthomyid fly Federal Register / Vol. 63, No. 60 / Monday, March 30, 1998 / Proposed Rules 15169

(Hylemya lupini Coquillett) whose proposed projects. The public agency isolated wetlands or waters larger than larvae burrow into the terminal with primary authority or jurisdiction 3 ac (1.2 ha). In either case, candidate inflorescence, reducing seed production over the project is designated as the lead species receive no special consideration. and sometimes killing the entire plant agency, and is responsible for Additionally and equally important, the (Walters and Walters 1988). Other conducting a review of the project and upland watersheds that contribute invertebrate predators noted are mites, consulting with the other agencies significantly to the hydrology of the caterpillars of the common painted concerned with the resources affected marshes are not provided any direct lady butterfly (Vanessa cardui) and a by the project. Section 15065 of the protection under section 404. noctuid moth that feed on leaves, a tent- CEQA Guidelines requires a finding of Alterations of hydrology resulting from building microlepidopteran larva significance if a project has the potential groundwater pumping are thought to (family Pyralidae) that causes leaf to ‘‘reduce the number or restrict the pose the most likely and serious threat damage, and a lupine blue butterfly range of a rare or endangered plant or to C. loncholepis. No permit is required larva (Plebejus lupini monticola animal.’’ Once significant effects are under the CWA for groundwater Clemence) that feeds on seed pods identified, the lead agency has the pumping. As a consequence, the habitat (Walters and Walters 1988). Predation option to require mitigation for effects of C. loncholepis receives insufficient by these taxa does not threaten the through changes in the project or to protection under section 404 of the species in and of itself, but because of decide that overriding considerations CWA. the limited range and small population make mitigation infeasible. In the latter Although several public agencies size, predation in combination with case, projects may be approved that manage lands with occurrences of these other threats could adversely affect cause significant environmental and other sensitive, threatened and population viability. damage, such as destruction of listed endangered species, none of those Cattle grazing occurs within the species. Protection of listed species agencies have specific management habitats of Cirsium loncholepis and through CEQA is, therefore, dependent plans for the taxa proposed for listing in Hemizonia increscens ssp. villosa. Low upon the discretion of the agency this rule. Serious threats to the habitats levels of grazing may enhance the involved. of all of the plants in this rule persist opportunities for both taxa to propagate State agencies reviewing requests for that are not currently being addressed successfully, as it may serve to reduce large development projects are required with active management (see factor E competition from other native species. by CEQA to conduct surveys of the below). The CDFG has prepared an Nevertheless, recent evidence indicates biological resources of a project site. unpublished management plan for the that heavy grazing has affected Most public documents such as State-listed Cirsium loncholepis (Morey individuals of H. increscens ssp. villosa Environmental Impact Reports are 1990), but its recommendations have by reducing their stature and reducing prepared by the project proponent for not yet been implemented. the number of seeds that can be the State agency. Sensitive species Mitigation performed to satisfy CESA produced (AAPC 1990). Similar located during surveys are to be requirements for Hemizonia increscens observations were made in the reported to the CNDDB, which is ssp. villosa (State-listed endangered) has Guadalupe dunes and along the Santa maintained by the CDFG Natural included salvaging seedbank and topsoil Maria River where C. loncholepis was Heritage Division. If, however, the for transfer to a habitat creation site, adversely affected (Hendrickson 1990). project proponent considers the seeding of areas disturbed by facility information proprietary, consulting and pipeline construction, and D. The Inadequacy of Existing biologists may not report to the CNDDB. enhancement of areas with low density Regulatory Mechanisms One of the taxa in this proposal, of this taxon (AAPC 1990). These The California Fish and Game Cirsium loncholepis, could potentially experimental mitigation measures are in Commission has listed Eriodictyon be affected by projects requiring a progress and the long-term success of capitatum as rare, Cirsium loncholepis permit under section 404 of the Clean treatments will not be known for years. as threatened, and Hemizonia Water Act. Perennial freshwater As of 1995, none of the sites showed increscens ssp. villosa and Lupinus emergent marshes and back dune success (K. Rindlaub, pers. comm. nipomensis as endangered under the wetlands are generally small and 1995). Hemizonia increscens ssp. villosa Native Plant Protection Act (NPPA) scattered, and treated as isolated does not compete well with other (chapter 1.5 sec. 1900 et seq. of the wetlands or waters of the United States annual species and long-term survival of California Fish and Game Code) and the for regulatory purposes by the U.S. relocated plants requires intensive California Endangered Species Act Army Corps of Engineers (Corps) under maintenance. These experimental (CESA) (chapter 1.5 sec. 2050 et seq.). section 404 of the Clean Water Act mitigation measures focus on California Senate Bill 879, passed in (CWA). However, the CWA by itself reintroducing the plant and not 1997 and effective January 1, 1998, does not protect Cirsium loncholepis. necessarily reestablishing the other requires individuals to obtain a section For example, Nationwide Permit No. 26 elements of the habitat that would 2081(b) permit from CDFG to take a (33 CFR part 330 Appendix B (26)) was maintain the plant in perpetuity. If the listed species incidental to otherwise established by the Corps to facilitate original habitat has been destroyed and lawful activities, and requires that all issuance of permits for discharge of fill the mitigation fails, there is an impacts be fully mitigated and all into wetlands up to 3 ac (1.2 ha). For irretrievable loss of the resource. measures be capable of successful project proposals falling under implementation. These requirements Nationwide Permit 26, the Corps seldom E. Other Natural or Manmade Factors have not been tested; it will be several withholds authorization unless a listed Affecting Their Continued Existence years before their effectiveness can be threatened or endangered species’ Other threats to the taxa in this rule evaluated. In the past, attempts to continued existence would likely be include displacement by non-native mitigate rare plant populations have jeopardized by the proposed action, weeds, altered fire regimes, facility largely failed (Howald 1993). regardless of the significance of other accidents, small population size, and The California Environmental Quality wetland resources. Current section 404 loss of reproductive vigor. The most Act (CEQA) requires a full disclosure of regulations require an applicant to severe threat to the taxa in this rule is the potential environmental impacts of obtain an individual permit to fill the active invasion and subsequent 15170 Federal Register / Vol. 63, No. 60 / Monday, March 30, 1998 / Proposed Rules modification or conversion of habitat saltbush), , and Avena that alter the type and structure of the and displacement of native species by spp. threaten Hemizonia increscens ssp. fuel (Odion et al. 1992). aggressive alien weeds such as villosa by displacement and the build- Petroleum-processing plant European beach grass, iceplant, veldt up of thatch (accumulated dead leaves catastrophes are rare events but have the grass, and crystalline iceplant (Davis et and stems). Hemizonia increscens ssp. potential to threaten the long-term al. 1988, Zedler and Schied 1988, Morey villosa requires open habitat in which to survival of Hemizonia increscens ssp. 1989, Walters and Walters 1989a, Odion germinate and become established. villosa and Lupinus nipomensis, which et al. 1992, CNDDB 1997). Current Thatch from the alien grass species that have the smallest distributions of the research and management approaches dominate the habitat effectively taxa in this rule. All known individuals are inadequate to provide control for the prevents its establishment (K. Rindlaub, of H. i. ssp. villosa are contained within problem of alien plant invasions (Hobbs pers. comm. 1995). a 3.2 km (2 mi) radius and all known and Humphries 1995, Schierenbeck Ehrharta calycina is actively invading locations for L. nipomensis occur within 1995). The California Exotic Pest Plant occupied habitat of Eriodictyon a 1.2 km (0.75 mi) radius of oil and gas Council (CalEPPC) has compiled a list of capitatum, Hemizonia increscens ssp. refineries and associated storage the exotic pest plants of greatest villosa, and Lupinus nipomensis (Zedler facilities. The Chevron Gaviota ecological concern in California. The list and Schied 1988, Morey 1989, Walters Processing Facility, managed by at least categorizes the most invasive wildland and Walters 1989a, Wickenheiser and 12 operating companies to consolidate pest plants that threaten native plants Morey 1990). This alien grass has a mass pipelines and treating plants, is at the and natural habitats as list A–1, of roots that captures the majority of the center of the distribution of H. i. ssp. widespread pest plants, and list A–2, moisture, effectively outcompeting the villosa. The Santa Maria UNOCAL regional pest plants. Ammophila native vegetation and dominating refinery and storage facilities are near arenaria and Carpobrotus edulis are on habitats as a monoculture (David the center of the distribution of L. list A–1 and Ehrharta calycina is on list Chipping, California Native Plant nipomensis. These facilities occur in a A–2 (CalEPPC 1994). All of the habitats Society, pers. comm. 1997). The density tectonically complex and active region for the taxa in this rule are fragmented of E. calycina continues to increase and that is characterized by moderate to and dissected by roads and pathways displace L. nipomensis (Bonnie Walters, locally high historic seismicity, which that are the principal corridors for California Polytechnic State University, can result in facility catastrophes (AAPC introduction of these weedy species pers. comm. 1997). 1990). In the event of a facility (Odion et al. 1992). Eriodictyon capitatum and Hemizonia catastrophe, the resulting habitat Carpobrotus edulis, widely increscens ssp. villosa occupy habitats modification could destroy populations disseminated in the feces of deer and that experience periodic fires. Fire is an or cause the extinction of taxa with such rabbits, tends to displace native plant important component of natural extremely limited distribution. species, particularly after fire or ecosystems in California wildland Cirsium loncholepis at Mud Lake has mechanical disturbance. Carpobrotus habitats and suppression of natural fires been destroyed by herbicide application edulis has invaded native vegetation facilitates ecosystem degradation on poison oak (Hendrickson 1990, occupied by Eriodictyon capitatum after (Schoenherr 1992, Keeley 1995). All CNDDB 1997). The significance of a prescribed fire, resulting in a recent fires in the central maritime herbicide application as a threat to the documented increase in iceplant cover chaparral are human-caused, resulting survival of C. loncholepis is unknown. from negligible to 26 percent 3 years from arson, prescribed management, or By virtue of the limited number of after the fire. This increase was accidental ignition (Philbrick and Odion individuals or range of the existing attributed to post-fire seedling 1988). The highly fragmented nature of populations, the taxa proposed in this production of over 7,800 iceplant the remaining chaparral habitat has rule are highly vulnerable to naturally seedlings per ha (2,800 per ac) the year ended the occurrence of large wildland occurring events. Loss of genetic after the fire, with a survivorship of over fires that burn under natural conditions variability may decrease the ability of 70 percent 3 years later (Zedler and in the coastal chaparral areas considered these taxa to survive within the Schied 1988). After establishment, each in this rule. Natural fire frequencies and environment, and is frequently plant can grow to over 6 m (18 ft) in intensities are not known, but estimates manifested in depressed reproductive diameter (Vivrette 1993), virtually of burn intervals exceed 30 years. The vigor (Karron 1991). Eriodictyon replacing all other vegetation. The Air use of prescribed burning as a capitatum is self-incompatible and Force is currently conducting prescribed management technique is restricted to produces few viable seeds. In two burns on VAFB for fuels management periods when environmental conditions colonies of this species, each composed without a program to control the are favorable to preventing the spread of of a single genetic unit, there is virtually subsequent invasion of weedy species escaped fire, thus preventing a normal, no seed production (Elam 1994). Seeds (James Watkins, pers. comm. 1997). wildland fire-spread situation. Wildland of Cirsium loncholepis have been shown There is an effort to occasionally apply fire-spread occurs during high wind to be of limited viability in its small herbicides to a burn area; however, it is events that force the fire quickly back dune populations (Hendrickson ineffective without follow-up measures through a stand of fuel, resulting in 1990). Because of the small population to ensure the control of the invasive short burn durations and generally size, this vulnerability is exacerbated by species. Because fire is inevitable in cooler ground temperatures. Prescribed natural events such as drought, natural habitats, and prescribed burns fire behavior does not mimic natural flooding, fires, earthquakes, outbreaks of are utilized for hazard fuels reduction, conditions, since low wind speed is insects or disease, or other catastrophic iceplant and other invasive weed required for control of the fire. This events that could destroy a significant invasions will continue to degrade causes an increase in the duration and percentage of the individuals of the habitat and adversely influence intensity of the fire and results in higher species. Eriodictyon capitatum, Hemizonia mortality of seeds in the soil and The Service has carefully assessed the increscens ssp. villosa, and Lupinus reduced post-fire species diversity best scientific and commercial nipomensis. (Odion et al. 1992, Keeley 1995). information available regarding the past, Other invasive plants, including Additionally, burned habitats are present, and future threats faced by Atriplex semibaccata (Australian rapidly invaded by non-native species these taxa in determining to propose Federal Register / Vol. 63, No. 60 / Monday, March 30, 1998 / Proposed Rules 15171 this rule. Based on this evaluation, the designation only applies to Federal Eriodictyon capitatum because of lack of preferred action is to propose listing lands or lands on which there is Federal benefit. Cirsium loncholepis, Eriodictyon activity. The primary habitat elements Hemizonia increscens ssp. villosa is capitatum, Hemizonia increscens ssp. essential for conservation of this species known only from one population on villosa, and Lupinus nipomensis as at all other historical sites have been private land where there is very little endangered. The habitats for these taxa destroyed by development and likelihood of Federal involvement. have been much reduced due to agriculture (CNDDB 1997). Although C. Critical habitat designation only applies residential, commercial, and oil and gas loncholepis is a wetland species and to Federal lands or lands on which there development. These taxa continue to alteration of its habitat may be regulated is Federal activity. Designation of face threats from development, military by the Corps under section 404 of the critical habitat for Hemizonia increscens activities, alteration of natural fire CWA, current protection under section ssp. villosa is therefore not prudent cycles, and invasion of non-native 404 is inadequate (see factor D in the because of a lack of benefit. Only a single population of Lupinus species. The limited habitat for the four ‘‘Summary of Factors Affecting the nipomensis is known to be extant. The taxa and their small population sizes Species’’ section above). The Service make Cirsium loncholepis, Eriodictyon only other known occurrence was believes that activities regulated under extirpated by land conversion. The capitatum, Hemizonia increscens ssp. section 404 that could impact the villosa, and Lupinus nipomensis plant occurs only on private lands with habitat of C. loncholepis are unlikely to particularly vulnerable to extinction very little likelihood of Federal occur, and that this species is primarily from naturally occurring events. involvement. Critical habitat threatened by unregulated hydrological Existing regulations do not provide designation only applies to Federal adequate protection to prevent further alterations, competition from alien lands or lands on which there is Federal losses; many actions adversely affecting plants, and trampling and herbivory by activity. No Federal lands occur within these taxa and their habitats are livestock and wildlife. Moreover, the the historical range of the species. ongoing. Because the four plant taxa are inadequacies of the section 404 Designation of critical habitat for in danger of extinction throughout all or permitting process for protecting very Lupinus nipomensis is therefore not a significant portion of their ranges, they small plant populations, discussed in prudent because of a lack of benefit. fit the Act’s definition of endangered. detail under factor D of the ‘‘Summary of the Factors’’ section above, apply to Available Conservation Measures Critical Habitat this species. In addition, because of the Conservation measures provided to Critical habitat is defined in section 3 small size of the populations of this species listed as endangered or of the Act as: (i) The specific areas species and the lack of historical habitat threatened under the Endangered within the geographical area occupied elsewhere, any activities that would be Species Act include recognition, by a species, at the time it is listed in regulated under section 404 of the CWA recovery actions, requirements for accordance with the Act, on which are and cause adverse modification of its Federal protection, and prohibitions found those physical or biological habitat would also likely jeopardize its against certain practices. Recognition features (I) essential to the conservation continued existence. Designation of through listing encourages and results of the species and (II) that may require critical habitat for C. loncholepis is in conservation actions by Federal, special management considerations or therefore not prudent because it State, and local agencies, private protection and; (ii) specific areas provides no additional benefit to the organizations, and individuals. The Act outside the geographical area occupied species beyond that conferred by listing provides for possible land acquisition by a species at the time it is listed, upon under section 7 of the Act. from willing sellers and cooperation the determination that such areas are with the States and requires that Two of the four populations of essential for the conservation of the recovery actions be carried out for all Eriodictyon capitatum occur on private species. ‘‘Conservation’’ means the use listed species. The protection required of all methods and procedures needed lands with very little likelihood of of Federal agencies and the prohibitions to bring the species to the point at Federal involvement. Critical habitat against certain activities involving listed which listing under the Act is no longer designation only applies to Federal plants are discussed, in part, below. necessary. lands or lands on which there is Federal Section 7(a) of the Act, as amended, Section 4(a)(3) of the Act, as activity. The other two populations, requires Federal agencies to evaluate amended, and implementing regulations consisting of three colonies, occur on their actions with respect to any species (50 CFR 424.12) require that, to the VAFB. Two of these three colonies are that is proposed or listed as endangered maximum extent prudent and uniclonal, making them highly or threatened and with respect to any determinable, the Secretary designate vulnerable to naturally occurring events. proposed or designated critical habitat. critical habitat at the time a species is All populations are extremely small and Regulations implementing this determined to be endangered or the Service believes that any adverse interagency cooperation provision of the threatened. Service regulations (50 CFR modification of designated critical Act are codified at 50 CFR part 402. 424.12(a)(1)) state that designation of habitat for this species would also be Section 7(a)(4) requires Federal agencies critical habitat is not prudent when one likely to jeopardize the species under to confer informally with the Service on or both of the following situations exist: section 7 of the Act. Because the any action that is likely to jeopardize (1) The species is threatened by taking Department of Defense is aware of this the continued existence of a proposed or other human activity, and species and its locations on VAFB, and species or result in destruction or identification of critical habitat can be must consult with the Service on any adverse modification of proposed expected to increase the degree of threat activities likely to affect these critical habitat. If a species is listed to the species, or (2) such designation of populations once the species is listed, subsequently, section 7(a)(2) requires critical habitat would not be beneficial there would be no additional benefits to Federal agencies to ensure that activities to the species. the species from designation of critical they authorize, fund, or carry out are not None of the known occurrences of habitat beyond those conferred by likely to jeopardize the continued Cirsium loncholepis are on Federal land listing itself. Designation of critical existence of such a species or to destroy (CNDDB 1997). Critical habitat habitat is therefore not prudent for or adversely modify its critical habitat, 15172 Federal Register / Vol. 63, No. 60 / Monday, March 30, 1998 / Proposed Rules if any is designated. If a Federal action number 1018–0094. For additional maintenance, and pipelines or utility may affect a listed species or its critical information concerning these permits lines crossing suitable habitat. habitat, the responsible Federal agency and associated requirements, see 50 CFR The Service believes that the actions must enter into formal consultation with 17.62. Requests for copies of the listed below might potentially result in the Service. regulations concerning listed plants and a violation of section 9; however, VAFB will likely become involved general inquiries regarding prohibitions possible violations are not limited to with two of these plant taxa through the and permits may be addressed to the these actions alone: section 7 consultation process. While no U.S. Fish and Wildlife Service, (1) Unauthorized collecting of the taxa activities are known at this time, future Endangered Species Permits, 911 N.E. on Federal lands. activities may affect populations of or 11th Avenue, Portland, Oregon 97232– (2) Application of herbicides violating habitat for Cirsium loncholepis and 4181 (telephone 503/231–2063; label restrictions. Eriodictyon capitatum. The Corps might facsimile 503/231–6243). (3) Interstate or foreign commerce and become involved with C. loncholepis It is the policy of the Service, import/export without previously through its permitting authority as published in the Federal Register (59 obtaining an appropriate permit. described under section 404 of the FR 34272) on July 1, 1994, to identify Permits to conduct activities are CWA, although the Service believes that to the maximum extent practicable available for purposes of scientific activities regulated under section 404 those activities that would or would not research and enhancement of are not a likely threat to this species. As be likely to constitute a violation of propagation or survival of the species. previously discussed, nationwide or section 9 of the Act if a species is listed. Questions regarding whether specific individual permits cannot be issued The intent of this policy is to increase activities, such as changes in land use, when a federally listed endangered or public awareness of the effect of the would constitute a violation of section threatened species would be affected by species’ listing on proposed and 9, should these taxa be listed, should be a proposed project without first ongoing activities within its range. The directed to the Field Supervisor of the completing a section 7 consultation Service believes that, based upon the Ventura Fish and Wildlife Office (see with the Service. best available information, the following ADDRESSES section). The Act and its implementing actions would not result in a violation Public Comments Solicited regulations set forth a series of general of section 9, provided these activities prohibitions and exceptions that apply were carried out in accordance with The Service intends that any final to all threatened and endangered plants. existing regulations and permit action resulting from this proposal will All prohibitions of section 9(a)(2) of the requirements: be as accurate and as effective as Act, implemented by 50 CFR 17.61 for (1) Activities authorized, funded, or possible. Therefore, comments or endangered plants apply. These carried out by Federal agencies (e.g., suggestions from the public, other prohibitions, in part, make it illegal for military activities, grazing management, concerned governmental agencies, the any person subject to the jurisdiction of agricultural conversions, wetland and scientific community, industry, or any the United States to import or export, riparian habitat modification, flood and other interested party concerning this transport in interstate or foreign erosion control, residential proposed rule are hereby solicited. The commerce in the course of a commercial development, recreational trail Fish and Wildlife Service will follow its activity, sell or offer for sale in interstate development, road construction and peer review policy (July 1, 1994; 59 FR or foreign commerce, or remove and maintenance, hazardous material 34270) in the processing of this rule. reduce the species to possession from containment and cleanup activities, Comments are particularly sought areas under Federal jurisdiction. In prescribed burns, pesticide/herbicide concerning: addition, for plants listed as application, pipelines or utility line (1) Biological, commercial trade, or endangered, the Act prohibits the crossing suitable habitat, other land use other relevant data concerning any malicious damage or destruction of activities that would significantly threat (or lack thereof) to these taxa; areas under federal jurisdiction and the modify the habitat of the taxa) when (2) The location of any additional removal, cutting, digging up, or such activity is conducted in populations of these taxa and the damaging or destroying of such plants accordance with any reasonable and reasons why any habitat should or in knowing violation of any State law or prudent measures given by the Service should not be determined to be critical regulation including State criminal according to section 7 of the Act; or habitat as provided by section 4 of the trespass law. Certain exceptions to the when such activity does not occur in Act; prohibitions apply to agents of the habitats suitable for the survival and (3) Additional information concerning Service and State conservation agencies. recovery of the four taxa proposed in the range, distribution, and population The Act and 50 CFR 17.62 and 17.63 this rule and does not alter the size of these taxa; and also provide for the issuance of permits hydrology or habitat supporting those (4) Current or planned activities in the to carry out otherwise prohibited taxa. subject area and their possible impacts activities involving endangered plant (2) Casual, dispersed human activities on these taxa. species under certain circumstances. on foot or horseback (e.g., camping, A final determination of whether to Such permits are available for scientific hiking, bird-watching, sightseeing, list these taxa will take into purposes and to enhance the photography). consideration the comments and any propagation or survival of the species. It (3) Activities on private lands additional information received by the is anticipated that few trade permits (without Federal funding or Service. Such communications may lead would ever be sought or issued because involvement), such as grazing to a final decision-making document these species are not in cultivation or management, agricultural conversions, that differs from this proposal. common in the wild. Information wetland and riparian habitat The Act provides for a public hearing collections associated with these modification (not including filling of on this proposal, if requested. Requests permits are approved under the wetlands), flood and erosion control, must be received within 45 days of the Paperwork Reduction Act, 44 U.S.C. residential development, road date of publication of the proposal in 3501 et seq., and assigned Office of construction, pesticide/herbicide the Federal Register. Such requests Management and Budget clearance application, residential landscape must be made in writing and addressed Federal Register / Vol. 63, No. 60 / Monday, March 30, 1998 / Proposed Rules 15173 to the Field Supervisor (see ADDRESSES approval by the Office of Management Proposed Regulation Promulgation section). and Budget under 44 U.S.C. 3501 et seq. Accordingly, the Service hereby National Environmental Policy Act References Cited proposes to amend part 17, subchapter B of chapter I, title 50 of the Code of The Fish and Wildlife Service has A complete list of all references cited Federal Regulations, as set forth below: determined that Environmental herein is available upon request from Assessments and Environmental Impact the Ventura Fish and Wildlife Office PART 17Ð[AMENDED] Statements, as defined under the (see ADDRESSES section). authority of the National Environmental 1. The authority citation for part 17 Policy Act of 1969, need not be Author: The primary author of this continues to read as follows: prepared in connection with regulations proposed rule is Tim Thomas, Ventura Authority: 16 U.S.C. 1361–1407; 16 U.S.C. adopted pursuant to section 4(a) of the Fish and Wildlife Office (see ADDRESSES 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Endangered Species Act of 1973, as section). 625, 100 Stat. 3500, unless otherwise noted. amended. A notice outlining the List of Subjects in 50 CFR Part 17 2. Amend section 17.12(h) by adding Service’s reasons for this determination the following, in alphabetical order was published in the Federal Register Endangered and threatened species, under FLOWERING PLANTS, to the List on October 25, 1983 (48 FR 49244). Exports, Imports, Reporting and of Endangered and Threatened Plants: Required Determinations recordkeeping requirements, Transportation. § 17.12 Endangered and threatened plants. This proposed rule does not contain * * * * * collections of information that require (h) * * *

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

FLOWERING PLANTS

******* Cirsium loncholepis La Graciosa thistle .. U.S.A. (CA) ...... AsteraceaeÐSun- E ...... NA NA flower.

******* Eriodictyon Lompoc yerba santa U.S.A. (CA) ...... HydrophyllaceaeÐ E ...... NA NA capitatum. Waterleaf.

******* Hemizonia Gaviota tarplant ...... U.S.A. (CA) ...... AsteraceaeÐSun- E ...... NA NA increscens ssp. flower. villosa.

******* Lupinus nipomensis Nipomo Mesa lupine U.S.A. (CA) ...... FabaceaeÐPea ...... E ...... NA NA

*******

Dated: March 17, 1998. Jamie Rappaport Clark, Director, Fish and Wildlife Service. [FR Doc. 98–8049 Filed 3–27–98; 8:45 am] BILLING CODE 4310±55±U