33368 Federal Register / Vol. 62, No. 118 / Thursday, June 19, 1997 / Rules and Regulations

1309.14, Information Requirements FEDERAL COMMUNICATIONS should allow manufacturers sufficient Handbook. COMMISSION time to implement any changes to the 6. Revise §§ 200.7 and 200.8 to read rules. Accordingly, It is Ordered, that as follows: 47 CFR Part 15 the effective date of § 15.37(g) is [ET Docket No. 95±19; DA 97±1212] extended to September 17, 1997. § 200.7 Request for records. This action is taken pursuant to Requests for records and the Authorization Procedures for Digital authority found in sections 4 (i) and 303 processing of those records are governed Devices of the Communications Act of 1934, as by the rules at 7 CFR 1.6. Agency amended, 47 U.S.C. 154 (i) and 303; and AGENCY: Federal Communications pursuant to 0.31 and 0.241 of the officials are authorized to receive and Commission. act on requests for records as follows: Commission’s Rules, 47 CFR 0.31 and ACTION: Final rule; delay of effective 0.241. For further information contact (a) The Regional Forester, Regional date. the Office of Engineering and Special Agent in Charge, Research Technology, Anthony Serafini at (202) Station Director, and Area Director at SUMMARY: This action delays the 418–2456 or Neal McNeil (202) 418– the field locations and addresses listed effective date of the transition provision 2408. in § 200.2; the Director of Law of § 15.37(g) by 90 days from June 19, Enforcement and Investigations; and the 1997, to September 17, 1997. The Federal Communications Commission. Deputy Chief for the program area Commission received three Petitions for William F. Caton, involved, located in Washington, DC, Reconsideration filed by the Information Acting Secretary. are authorized to receive requests for Technology Industry Council, Hewlett- [FR Doc. 97–16052 Filed 6–18–97; 8:45 am] such records, to make determinations Packard Company, and Intel BILLING CODE 6712±01±P regarding whether records exist, and to Corporation. The extension will permit grant or deny requests for records the Commission to act on the petitions exempt from disclosure under the and should allow manufacturers DEPARTMENT OF THE INTERIOR provisions of 5 U.S.C. 552(b). sufficient time to implement any (b) Each of the officials listed in changes to the rules. Fish and Wildlife Service EFFECTIVE DATE: The effective date for paragraph (a) of this section also is 50 CFR Part 17 authorized to take the following actions: the amendment to § 15.37 published (1) Extend the 10-day administrative June 19, 1996, 61 FR 31049, is delayed RIN 1018±AC98 until September 17, 1997. deadline for reply pursuant to 7 CFR Endangered and Threatened Wildlife 1.14; FOR FURTHER INFORMATION CONTACT: Anthony Serafini at (202) 418–2456 or and Plants; Endangered Status for the (2) Make discretionary releases Neal McNeil (202) 418–2408. Plant Lessingia Germanorum (San pursuant to 7 CFR 1.17(b) of records Francisco Lessingia) From California exempt from mandatory disclosure; SUPPLEMENTARY INFORMATION: In ET Docket 95–19, DA 97–1212, the AGENCY: Fish and Wildlife Service, (3) Deny records pursuant to 5 U.S.C. Commission adopted and released an Interior. 552(b); and Order on June 10, 1997, extending the ACTION: Final rule. (4) Make determinations regarding the transition provision of § 15.37(g) of the charges of fees pursuant to 7 CFR 1.8(a). rules. By Report and Order , 61 FR SUMMARY: The U.S. Fish and Wildlife 31044, June 19, 1996, the Commission Service (Service) determines § 200.8 Appeals. set an effective date of June 19, 1997, as endangered status pursuant to the (a) Appeals from denials of requests the transition provision of § 15.37(g) of Endangered Species Act of 1973, as submitted under § 200.7 shall be the rules. This action extends the amended (Act) for Lessingia submitted in accordance with 7 CFR effective date of the transition provision germanorum (San Francisco lessingia), a 1.6(e) of the Chief, Forest Service, U.S. of § 15.37(g) by 90 days from June 19, plant from the San Francisco peninsula Department of Agriculture, Auditors 1997 to September 17, 1997. Section of California. L. germanorum occurs in Building, 14th and Independence 15.37(g) requires that the manufacture central dune scrub habitats. It is known Avenue, SW., P.O. Box 96090, and importation of Central Processing from five sites on the Presidio in San Washington, DC 20090–6090. Unit (CPU) boards and power supplies Francisco County, and one site on San (b) The Chief, or other official to designed to be used with personal Bruno Mountain in San Mateo County, whom such authority is delegated, shall computers, cease on or before June 19, California. This taxon has been affected determine whether to grant or deny the 1997, unless these products have been by and is endangered by competition appeal and make all necessary authorized under a Declaration of from invasive alien plants, shading by determinations relating to an extension Conformity or a grant of certification. alien and native plants, urban of the 20-day administrative deadline The Commission received three development, bulldozing, sand for reply pursuant to 7 CFR 1.14, Petitions for Reconsideration filed by quarrying, fertilizer-contaminated run- discretionary release pursuant to 7 CFR the Information Technology Industry off, habitat damage and trampling by 1.17(b) of records exempt from Council, Hewlett-Packard Company, pedestrians, bicycles, and off-road mandatory disclosure under 5 U.S.C. and Intel Corporation in the above vehicles, and other human activities. 552(b), and charging the appropriate captioned matter. The Commission Because of its small population size and fees. expects to act on these petitions in the extremely restricted distribution, L. near future. We recognize that germanorum is also subject to an Dated: June 11, 1997. manufacturers are concerned about increased risk of extinction from natural Ronald E. Stewart, finalizing their designs until the issues events. This rule implements Federal Acting Chief. raised in the petitions are resolved. An protection and provisions provided by [FR Doc. 97–16011 Filed 6–18–97; 8:45 am] extension of 90 days will permit the the Act. A notice of withdrawal of the BILLING CODE 3410±11±M Commission to act on the petitions and proposal to list Arctostaphylos Federal Register / Vol. 62, No. 118 / Thursday, June 19, 1997 / Rules and Regulations 33369 imbricata (San Bruno Mountain glandular secretions. Other treatments The Presidio populations are manzanita), which was proposed for (Ferris 1959, Munz and Keck 1968) also threatened by competition from invasive listing along with L. germanorum, is recognized varieties of L. germanorum. alien plants, shading by alien and native published concurrently with this notice. Currently, L. germanorum is recognized shrubs and trees, bulldozing, sand EFFECTIVE DATE: July 21, 1997. as a distinct species (Lane 1993). quarrying, trampling by pedestrians, ADDRESSES: The complete file for this Lessingia germanorum is a slender and other human activities (CDFG 1989; rule is available for public inspection, annual of the aster family (Asteraceae) California Natural Diversity Database by appointment, during normal business with diffusely branched stems 10 to 30 (CNDDB) 1994; Susan Smith, pers. hours at the Sacramento Field Office, centimeters (4 to 12 inches) high. The comm. 1992; Paul Reeberg, pers. comm. U.S. Fish and Wildlife Service, 3310 El leaves and stems are glandless and 1993; Terri Thomas, pers. comm. 1993). Camino Avenue, Sacramento, California covered with grayish, loosely The population on San Bruno Mountain 95821–6340. interwoven hairs. Tubular, lemon- is threatened by urbanization, FOR FURTHER INFORMATION CONTACT: yellow, disc flowers with a brownish or trampling, competition from invasive Kirsten Tarp, Sacramento Field Office at purplish band are clustered into heads alien plants, bulldozing, and fertilizer- the above address or by telephone at that are solitary at the end of branchlets. contaminated run-off (Thomas Reid 916–979–2120. The seeds, which are attached to a Associates, in litt. 1991; Susan Smith, crown of hairlike bristles, are light and pers. comm. 1992; Paul Reeberg, pers. SUPPLEMENTARY INFORMATION: easily carried by the wind. L. comm. 1993). Background germanorum typically flowers between Previous Federal Action August and November. Lessingia germanorum (San Francisco On December 15, 1980, the Service lessingia) is endemic to the northern Historically, Lessingia germanorum published in the Federal Register an San Francisco peninsula in California occurred within central dune scrub updated Notice of Review for plants (45 where it is found within central dune habitats throughout the San Francisco FR 82480) which included Lessingia scrub habitats. Natural habitats of the peninsula. L. germanorum is currently germanorum (as L. germanorum var. northern San Francisco peninsula have restricted to the Presidio area of the San germanorum) as a category 1 candidate undergone extensive change as a result Francisco peninsula (five occurrences), for Federal listing. Category 1 taxa were of human activities. The northern part and near the base of San Bruno formerly defined as those taxa for which of the San Francisco peninsula is highly Mountain (one occurrence). L. the Service had on file sufficient urbanized. By 1984, over 90 percent of germanorum grows on remnant sand information on status and threats to the northern peninsula’s natural dunes and sand terraces in open areas support issuance of a listing proposal. habitats had been disturbed or with blowing sand (Susan Smith, Yerba On November 28, 1983, the Service eliminated (Orsak and Schooley 1984). Buena Chapter, California Native Plant published in the Federal Register a Urbanization has eliminated L. Society, pers. comm. 1992), at an supplement to the Notice of Review (48 germanorum from part of its range, and elevation range between 24 to 91 meters FR 53640) which changed L. intensive commercial and residential (80 to 300 feet). It is associated with germanorum var. germanorum from a development are ongoing. Urban Chorizanthe cuspidata (San Francisco category 1 to a category 2 candidate. development has also fragmented the spine flower), Lotus scoparius Category 2 taxa were formerly defined remaining habitats for this plant. Habitat (California broom), and Lupinus as those taxa for which data in the fragmentation increases the risk of arboreus (yellow bush lupine) or Service’s possession indicated listing extinction due to a natural event such Lupinus chamissonis (Chamisso’s bush was possibly appropriate, but for which as a pest or disease outbreak or lupine). Of the five small populations at sufficient data on status and threats was reproductive failure (populations of the Presidio, one was established after not currently known or on file to annual species especially are affected by approximately 7.6 cubic meters (10 support proposed rules. The plant reproductive failure). Human activities cubic yards) of sand was removed from notice was revised again on September such as bulldozing, sand quarrying, the site of another population for use on 27, 1985 (50 FR 39526), February 21, fertilizer use, and pedestrian, bicycle, the Presidio golf course. The San Bruno 1990 (55 FR 6184), and September 30, and off-road vehicle traffic also threaten Mountain population was discovered in 1993 (58 FR 51144). In these three the few remaining occurrences of this 1989. The total area of all known notices L. germanorum var. plant. populations is less than 0.8 hectares (2 germanorum was included as a category Lessingia germanorum was described acres) (Terri Thomas, Golden Gate 1 candidate. by Adelbert von Chamisso in 1829, who National Recreation Area, pers. comm. Mr. Brian O’Neill, General first collected it in 1816 on the sand 1993; Paul Reeberg, National Park Superintendent of the Golden Gate hills of San Francisco, California Service, pers. comm. 1993). The number National Recreation Area, petitioned the (Howell 1929). Chamisso named it in of individuals of L. germanorum varies Service to emergency list Lessingia honor of the Lessings, a German family from year to year, but from 1980 to 1989 germanorum as an endangered species of scientists and authors. Howell (1929) the annual total on the Presidio was less on May 28, 1991. Although the Service recognized 11 varieties of L. than 1,500 (California Department of did not emergency list L. germanorum, germanorum. Under the rules for Fish and Game (CDFG) 1989). The it did publish a 90-day finding in the botanical nomenclature, when a new population on San Bruno Mountain is Federal Register on August 19, 1992 (57 subspecies is described for a species not estimated at 1,600 to 1,800 individuals FR 37513) that substantial information previously divided into infraspecific (Paul Reeberg, pers. comm. 1993). had been presented indicating that taxa, an autonym (an automatically Populations within the Presidio are listing may be warranted. Section created name) is created (i.e., L. managed by the National Park Service. 4(b)(3)(B) of the Act requires the germanorum var. germanorum). Howell The population on San Bruno Mountain Secretary to make findings on petitions distinguished L. germanorum var. is jointly owned by Daly City and a found to present substantial information germanorum from the other varieties by private landowner (Annemarie indicating that the petitioned action the presence of few glands and by the Quevedo, Assistant Planner for Daly may be warranted within 12 months of absence of either odorous or bitter City, in litt. 1992). their receipt. The Service conducted a 33370 Federal Register / Vol. 62, No. 118 / Thursday, June 19, 1997 / Rules and Regulations status review and determined that the proposed rule solicited comments on development extirpated populations of petitioned action was warranted. A proposals to list both Arctostaphylos L. germanorum at Lone Mountain and proposal to list L. germanorum as imbricata and Lessingia germanorum, Lake Merced (both in San Francisco) endangered and Arctostaphylos only comments pertaining to L. (CNDDB 1994). Historical populations imbricata as threatened was published germanorum are addressed here. of L. germanorum at Mountain View on October 4, 1994 (59 FR 50550). Comments pertaining to A. imbricata Lake and Ocean View Downs also have Publication of the proposed rule are addressed in a separate Federal been extirpated, presumably due to constituted the final finding for the Register notice published concurrently urban development and competition petitioned action. with this notice. from invasive alien plants (CDFG 1989). Based upon new information received All commenters supported the listing Most of the central dune scrub habitat since publishing the proposed rule, the of Lessingia germanorum. One on San Bruno Mountain has been proposed listing of Arctostaphylos commenter indicated that designation of eliminated by construction of houses imbricata has been withdrawn by the critical habitat would aid in protection and cemeteries, the Colma dump, and a Service as announced in a separate of rare plants. The Service has flower farm (McClintock et al. 1990). Federal Register notice published determined that designation of critical About 4 hectares (10 acres) of potential concurrently with this notice. habitat would not provide additional habitat remain on San Bruno Mountain The processing of this final listing benefit for L. germanorum. The reasons for L. germanorum (Paul Reeberg, pers. rule conforms with the Service’s final for this determination are discussed in comm. 1993). Although the discovery of listing priority guidance published on the ‘‘Critical Habitat’’ section of this additional significant populations on December 5, 1996 (61 FR 64475). The notice. San Bruno Mountain is unlikely, this guidance clarifies the order in which the Two of the three independent and area may be important as a site for Service will process rulemakings appropriate specialists responded to the reintroduction. following two related events, the lifting, solicitation for independent review. One Urban development potentially on April 26, 1996, of the moratorium on reviewer found no errors of fact in the threatens the population of Lessingia final listings imposed on April 10, 1995 proposed rule, and further commented germanorum on San Bruno Mountain (Pub. L. 104–6) and the restoration of that Lessingia germanorum is dependent (Paul Reeberg, pers. comm. 1993; R. significant funding for listing through on a very fragile habitat and is easily Gankin, San Mateo County Planning passage of the omnibus budget disturbed or driven to extirpation by Department, in litt. 1994). The reconciliation law on April 26, 1996, human activities that compact or erode construction of seven additional following severe funding constraints the soil. This reviewer considered L. dwellings within a few hundred yards imposed by a number of continuing germanorum to be particularly worthy of the San Bruno population has been resolutions between November 1995 of Federal listing. The second reviewer approved (Annemarie Quevedo, pers. and April 1996. The guidance calls for concurred with all of the comments comm. 1993). Impacts associated with giving highest priority to handling made in the proposed rule concerning this development, such as habitat emergency situations (Tier 1) and the status, threats or potential threats degradation and trampling of plants by second highest priority (Tier 2) to and supported the listing of the species. pedestrians, bicycles, and off-road resolving the listing status of the vehicles, would threaten this Summary of Factors Affecting the outstanding proposed listings. This rule population. falls under Tier 2. Species Fragmentation of the coastal scrub After a thorough review and dune habitat caused by past urban Summary of Comments and consideration of all information development also threatens this species. Recommendations available, the Service has determined Habitat fragmentation has two primary In the October 4, 1994, proposed rule that Lessingia germanorum should be effects. First, habitat fragmentation may and associated notifications, the Service classified as an endangered species. alter the physical environment, requested all interested parties to Procedures found at section 4 of the Act changing the amount of incoming solar submit factual reports or information and regulations implementing the radiation, water, wind, or nutrients that would contribute to the listing provisions of the Act (50 CFR where the remnant vegetation occurs development of a final decision Part 424) were followed. A species may (Saunders et al. 1991). Second, by document. The Service contacted be determined to be endangered or reducing the size and distribution of the appropriate Federal and State agencies, threatened due to one or more of the population, habitat fragmentation county and city governments, scientific five factors described in section 4(a)(1). increases the risk of extinction due to organizations, and other interested These factors and their application to L. natural events (see Factor E). parties and requested their comments. germanorum Cham. (San Francisco Non-native plants alter the habitat of In accordance with policy published in lessingia) are as follows: and compete with Lessingia the Federal Register on July 1, 1994 (59 A. The present or threatened germanorum. For example, Carpobrotus FR 34270), the Service solicited destruction, modification, or sp. (ice plant) covers extensive dune comments from three appropriate and curtailment of its habitat or range. areas on the Presidio, and stabilizes the independent specialists regarding Threats facing the habitat of Lessingia dune system where it occurs. pertinent scientific or commercial data germanorum include one or more of the Stabilization of the dune system and assumptions relating to the following—urbanization, invasion of adversely affects L. germanorum proposed rule. A newspaper notice of alien plants, sand quarrying, bulldozing, because the species requires exposed the proposed rule was published in the and damage by pedestrians, bicycles, sand which results from dune San Francisco Chronicle on October 19, and off-road vehicles. movement (CDFG 1989). Carpobrotus 1994, which invited general public Most natural habitats of the San competes with L. germanorum at all five comment. A 60-day comment period Francisco peninsula have been occurrences on the Presidio. In addition, closed on December 4, 1994. eliminated by urbanization. Suitable pedestrians, bicycles, and off-road The Service received eight letters of Lessingia germanorum habitat has vehicles compact the soil and promote comment. No requests for a public decreased by 90 percent since European the establishment of invasive alien hearing were received. Although the settlement (CDFG 1990). Urban plants (CDFG 1989; Susan Smith, pers. Federal Register / Vol. 62, No. 118 / Thursday, June 19, 1997 / Rules and Regulations 33371 comm. 1992). In addition to ice plant, between the Service, the National Park Protection of listed species through other alien plants competing with L. Service, Department of Defense, and CEQA is, therefore, dependent upon the germanorum include Bromus diandrus CDFG for the purpose of mutual discretion of the lead agency. (ripgut grass), Avena barbata (slender cooperation for management of sensitive The CEQA pertains to projects that oat), Rumex sp. (dock), Raphanus sp. native plant communities on the occur on lands other than Federal land. (radish), and Sonchus sp. (sow thistle) Presidio, does not address L. The National Environmental Policy Act (Susan Smith, pers. comm. 1992). On germanorum specifically (CDFG 1989). (NEPA) requires disclosure of the San Bruno Mountain Cortaderia sp. Moreover, the fact that the National Park environmental effects of projects on (pampas grass) encroachment is a Service petitioned the Service to Federal lands. Certain actions can be serious threat. The CDFG (1992) emergency list L. germanorum as categorically excluded from the NEPA reported that ‘‘Without special endangered is evidence of the process when (a) The action or group of protection and management, San inadequacy of existing Federal actions would have no significant effect Francisco lessingia will continue its regulations to protect the species from on the quality of the human declining trend.’’ Populations of L. extinction within the foreseeable future. environment, and (b) the actions or germanorum are currently being weeded The State of California Fish and Game group of actions would not involve by volunteers from the California Native Commission has listed Lessingia unresolved conflicts concerning Plant Society. Without their assistance, germanorum as an endangered species alternative uses of available resources. L. germanorum would be outcompeted under the California Endangered Exceptions to the categorical exclusions by alien plants. Species Act (chapter 1.5 section 2050 et exist. One of these exceptions is when The habitat of Lessingia germanorum seq. of the California Fish and Game the action would affect a species listed has been modified at one site by tree Code) and the California Native Plant or proposed to be listed on the List of planting. Native and introduced shrubs Protection Act (Chapter 10 section 1900 Endangered or Threatened Species. and trees, including Pinus radiata et seq. of the California Fish and Game Until a species is federally listed or (Monterey pine), were planted at the Code). Though both statutes prohibit the proposed for listing, this exception to Presidio in the late 1800’s. These trees ‘‘take’’ of State-listed plants (California the categorical exclusion would not be adversely alter the habitat of L. Native Plant Protection Act, Chapter 10 applied regardless of the State listing germanorum by increasing the amount section 1908 and California Endangered status. of shade (CDFG 1989; CNDDB 1994; Species Act, Chapter 1.5 section 2080), The San Bruno Mountain Habitat Susan Smith, pers. comm. 1992). State law exempts the taking of such Conservation Plan (HCP), developed Bulldozing and sand quarrying have plants via habitat modification or land under section 10(a)(1)(B) of the Act, adversely affected Lessingia use changes by the owner. After CDFG preserves most of San Bruno Mountain germanorum. Bulldozing to stabilize a notifies a landowner that a State-listed and provides for management and slope on San Bruno Mountain destroyed plant grows on his or her property, State monitoring of a variety of rare plants about one-eighth of the L. germanorum law only requires that the land owner and animals. However, because the San population (Paul Reeberg, pers. comm. notify the agency ‘‘at least 10 days in Bruno Mountain population of Lessingia 1993; Thomas Reid Associates, in litt. advance of changing the land use to germanorum is located outside the San 1991). In January 1989, most of the allow salvage of such a plant’’ Bruno Mountain HCP boundary, it habitat for one population of L. (California Native Plant Protection Act, receives no protection through the HCP. germanorum on the Presidio was Chapter 10 section 1913). E. Other natural or manmade factors destroyed when sand was removed to The California Environmental Quality affecting its continued existence. As repair a tee on the base golf course Act (CEQA) requires a full disclosure of discussed in Factor A, pedestrians, (CDFG 1990). Sand quarrying is an on- the potential environmental impacts of bicycles, and off-road vehicles degrade going threat at this site; any sand proposed projects. The public agency the habitat of Lessingia germanorum. quarrying that may occur in the future with primary authority or jurisdiction These activities also directly destroy would negatively impact this species. over the project is designated as the lead individual plants. A bike path runs B. Overutilization for commercial, agency, and is responsible for through the middle of one L. recreational, scientific, or educational conducting a review of the project and germanorum population (CNDDB 1994). purposes. Overutilization is not known consulting with the other agencies Hiking trails exist adjacent to three to be a current threat to Lessingia concerned with the resources affected populations (Terri Thomas, pers. comm. germanorum. However, overcollection by the project. Section 15065 of the 1993). Plants are damaged or destroyed by researchers, rare plant collectors, or CEQA Guidelines requires a finding of when trail users wander off the curiosity seekers could potentially significance if a project has the potential established trails and into populations result from the increased publicity to ‘‘reduce the number or restrict the of L. germanorum. following publication of the final rule to range of a rare or endangered plant or The habitats of all Presidio list this species. animal.’’ Species that are eligible for populations of Lessingia germanorum C. Disease or predation. There are no listing as rare, threatened, or are subject to occasional disturbance by known disease or predation threats to endangered but are not so listed are unauthorized vehicle use. This Lessingia germanorum. given the same protection as those disturbance directly destroys the plants D. The inadequacy of existing species that are officially listed with the and encourages establishment of regulatory mechanisms. Five of the six State or Federal governments. Once invasive alien plants. Weedy species remaining colonies of Lessingia significant effects are identified, the tend to colonize the tracks left by the germanorum are located on the Presidio lead agency has the option to require vehicles (Susan Smith, pers. comm. which is managed as a National mitigation for effects through changes in 1992). An environmental education Recreation Area by the National Park the project or to decide that overriding camp exists near the location of one Service. However, National Park Service considerations make mitigation population of L. germanorum. This ownership and management have not infeasible. In the latter case, projects population is inadequately fenced, removed all of the threats to the species. that cause significant environmental leaving the habitat vulnerable to In addition, a Memorandum of damage, such as destruction of degradation and the plants vulnerable to Understanding, established in 1987 endangered species, may be approved. trampling. 33372 Federal Register / Vol. 62, No. 118 / Thursday, June 19, 1997 / Rules and Regulations

When the ownership of the Presidio populations inhabit less than 0.8 critical habitat would not be beneficial transferred from the Department of the hectares (2 acres). This taxon has been to the species. Army to the National Park Service, a adversely affected and is endangered by The six populations of Lessingia marked increase in visitation by the competition from invasive alien plants, germanorum inhabit less than 0.8 public occurred (Terri Thomas, pers. shading by alien and native plants, hectares (2 acres). Any activity that comm. 1994). Increased pedestrian bulldozing, sand quarrying, fertilizer- would adversely modify critical habitat traffic and other recreational activities contaminated run-off, urban would likely jeopardize the continued are likely to negatively impact Lessingia development, trampling by pedestrians, existence of the species as well. The germanorum because the populations bicycles, and off-road vehicles, other designation of critical habitat therefore are close to trails (Terri Thomas, pers. human activities, and natural events. would not provide additional benefit for comm. 1992, 1993). In addition, the Lessingia germanorum is in danger of L. germanorum beyond the protection park is patrolled by police on horseback. extinction throughout all or a significant afforded by listing. As discussed under Horses can trample the plants directly part of its range, and the preferred Factor B, this taxon is potentially and compact the soil. A high potential action is, therefore, to list it as threatened by overcollection due to its exists for adverse impacts to endangered. low population size. The publication of populations of L. germanorum on the Alternatives to this action were precise maps and descriptions of critical Presidio from these activities. considered but not preferred. As defined habitat in the Federal Register and local Garbage dumping has degraded the by the Act, threatened species are those newspapers as required when habitat at one site on the Presidio where species which are likely to become designating critical habitat would Lessingia germanorum occurs (CNDDB endangered (in danger of extinction) increase the degree of threat to this 1994). Digging by pets also adversely within the foreseeable future. Because plant from take or vandalism and, affects L. germanorum at all sites on the Lessingia germanorum is currently in therefore, could contribute to its Presidio by destroying individual plants danger of extinction, listing the species decline. The listing of this taxon as (Laura Nelson, Golden Gate National as threatened would not be appropriate. endangered publicizes the rarity of the Recreation Area, pers. comm. 1993; Similarly, not listing L. lessingia would plant and can make it attractive to Peter Lacivita, San Francisco Corps of be inappropriate. researchers, curiosity seekers, or rare Engineers, pers comm. 1993). plant collectors. On San Bruno Mountain, fertilizer- Critical Habitat Protection of the habitat of this contaminated run-off from a housing Critical habitat is defined by section Lessingia germanorum species will be development above the slope supporting 3 of the Act as: (i) The specific areas addressed through the recovery process the largest population of Lessingia within the geographical area occupied and the section 7 consultation process. germanorum threatens this site (Paul by a species, at the time it is listed in The Service believes that Federal Reeberg, pers. comm. 1993). The accordance with the Act, on which are activities in the areas where these plants nitrogen in these fertilizers promotes found those physical or biological occur can be identified without the invasion by weedy species that compete features (I) Essential to the conservation designation of critical habitat. The with L. germanorum. of the species and (II) that may require Service finds designation of critical As discussed in Factor A, habitat special management considerations or habitat not prudent for L. germanorum. fragmentation may adversely alter the protection and; (ii) specific areas Such a designation would increase the physical environment for the species. In outside the geographical area occupied degree of threat from vandalism, addition, by reducing the size and by a species at the time it is listed, upon collecting, or other human activities and distribution of a population, habitat determination that such areas are is unlikely to benefit the conservation of fragmentation increases the risk that a essential for the conservation of the this taxon. natural event such as a pest or disease species. Designations of critical habitat outbreak or reproductive failure could must be based on the best scientific data Available Conservation Measures cause extinction of the species available and must take into Conservation measures provided to (populations of annual species consideration the economic and other species listed as endangered under the especially are affected by reproductive relevant impacts of specifying any Act include recognition, recovery failure). A natural event, such as a flood, particular area as critical habitat at the actions, requirements for Federal pest or disease outbreak, extended time the species is listed as endangered protection, and prohibitions against drought, landslide, or combination of or threatened. certain practices. Recognition through several such events, could destroy part Section 4(a)(3) of the Act, as listing encourages and results in public of a single population or entire amended, and implementing regulations awareness and conservation actions by populations. If habitat fragmentation (50 CFR 424.12) require that, to the Federal, State, and local agencies, splits a population into small, isolated maximum extent prudent and private organizations, and individuals. units or if a natural event significantly determinable, the Secretary determine The Act provides for possible land reduces the size of a population, the risk critical habitat concurrently with acquisition and cooperation with the of extirpation due to genetic problems determining a species to be endangered State and requires that recovery actions associated with small populations could or threatened. The Service finds that be developed for all listed species. The increase. designation of critical habitat is not protection required of Federal agencies The Service has carefully assessed the prudent for Lessingia germanorum at and the prohibitions against certain best scientific and commercial this time. Service regulations (50 CFR activities involving listed plants are information available regarding the past, 424.12(a)(1)) state that designation of discussed, in part, below. present, and future threats faced by this critical habitat is not prudent when one Section 7(a) of the Act requires species in determining to issue this rule. or both of the following situations Federal agencies to evaluate their Lessingia germanorum has been reduced exist—(1) The species is threatened by actions with respect to any species that to five small populations on the Presidio taking or other human activity, and is proposed or listed as endangered and in San Francisco County and one identification of critical habitat can be with respect to its critical habitat, if any population on San Bruno Mountain in expected to increase the degree of threat is being designated. Regulations San Mateo County; collectively, the to the species, or (2) designation of implementing this interagency Federal Register / Vol. 62, No. 118 / Thursday, June 19, 1997 / Rules and Regulations 33373 cooperation provision of the Act are digging, or destroying of such plant 97232–4181 (phone 503–231–2063, codified at 50 CFR part 402. Section species in knowing violation of any facsimile 503–231–6243). 7(a)(4) of the Act requires Federal State law or regulation, including State National Environmental Policy Act agencies to confer with the Service on criminal trespass law. Certain any action that is likely to jeopardize exceptions to the prohibitions apply to The Service has determined that an the continued existence of a proposed agents of the Service and State Environmental Assessment, as defined species or result in destruction or conservation agencies. under the authority of the National adverse modification of proposed It is the policy of the Service, Environmental Policy Act of 1969, need critical habitat. If a species is listed published in the Federal Register on not be prepared in connection with subsequently, section 7(a)(2) requires July 1, 1994 (59 FR 34272), to identify regulations adopted pursuant to section Federal agencies to ensure that activities to the maximum extent practicable at 4(a) of the Act. A notice outlining the they authorize, fund, or carry out are not the time a species is listed those Service’s reasons for this determination likely to jeopardize the continued activities that would or would not was published in the Federal Register existence of the species or destroy or constitute a violation of section 9 of the on October 25, 1983 (48 FR 49244). adversely modify its critical habitat. If a Act. The intent of this policy is to Required Determinations Federal action may adversely affect a increase public awareness of the effect listed species or its critical habitat, the of the listing on proposed and ongoing The Service has examined this responsible Federal agency must enter activities within a species’ range. regulation under the Paperwork into formal consultation with the Collection, damage, or destruction of Reduction Act of 1995 and found it to Service. this species on Federal lands is contain no information collection Five of the six populations of prohibited, although in appropriate requirements. This rulemaking was not Lessingia germanorum occur on Federal cases a Federal endangered species subject to review by the Office of land managed by the National Park permit may be issued to allow collection Management and Budget under Service. Listing this plant would for scientific or recovery purposes. Such Executive Order 12866. provide for the development of a activities on non-Federal lands would constitute a violation of section 9 if References Cited recovery plan. Such a plan would bring conducted in knowing violation of together both State and Federal efforts A complete list of all references cited California State law, as discussed under for conservation of the plant. The is available upon request from the Field Factor D, State regulations, or State recovery plan would establish a Supervisor, Sacramento Field Office criminal trespass law. Certain framework for agencies to coordinate (see ADDRESSES section). exceptions apply to agents of the activities and cooperate with each other Author: The primary author of this Service and State conservation agencies. in conservation efforts. The plan would document is Kirsten Tarp, Sacramento Activities that are unlikely to violate describe site-specific management Field Office (see ADDRESSES section). section 9 include accidental trampling. actions necessary to achieve Activities that occur on Federal land, or List of Subjects in 50 CFR Part 17 conservation and survival of the plant on private land that receive Federal species. Additionally, pursuant to authorization or funding, for which a Endangered and threatened species, section 6 of the Act, the Service would Federal endangered species permit is Exports, Imports, Reporting and be more likely to grant funds to affected issued to allow collection for scientific recordkeeping requirements, States for management actions or recovery purposes or for which a Transportation. promoting the protection and recovery consultation is conducted in accordance Regulation Promulgation of this plant. with section 7 of the Act, also would not The Act and its implementing result in a violation of section 9. Accordingly, part 17, subchapter B of regulations set forth a series of general Questions regarding whether specific chapter I, title 50 of the Code of Federal prohibitions and exceptions that apply activities will constitute a violation of Regulations, is amended as set forth to all endangered or threatened plants. section 9 should be directed to the Field below: All prohibitions of section 9(a)(2) of the Supervisor of the Sacramento Field PART 17Ð[AMENDED] Act, implemented by 50 CFR 17.61 for Office (see ADDRESSES section). endangered plants, apply. These The Act and 50 CFR 17.62 and 17.63 1. The authority citation for part 17 prohibitions, in part, make it illegal for also provide for the issuance of permits continues to read as follows: any person subject to the jurisdiction of to carry out otherwise prohibited the United States to import or export, activities involving endangered plant Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– transport in interstate or foreign species under certain circumstances. 625, 100 Stat. 3500, unless otherwise noted. commerce in the course of a commercial The Service anticipates few trade activity, sell or offer for sale in interstate permits would ever be sought or issued 2. Section 17.12(h) is amended by or foreign commerce, or remove and for this species because the plant is not adding the following, in alphabetical reduce the species to possession from common in cultivation nor in the wild. order under FLOWERING PLANTS, to areas under Federal jurisdiction. In Requests for copies of the regulations the List of Endangered and Threatened addition, for plants listed as regarding listed plants and inquiries Plants: endangered, the Act prohibits the about prohibitions and permits may be malicious damage or destruction of any addressed to the U.S. Fish and Wildlife § 17.12 Endangered and threatened plants. such species on areas under Federal Service, Endangered Species Permits, * * * * * jurisdiction and the removal, cutting, 911 N.E. 11th Avenue, Portland, Oregon (h) * * * 33374 Federal Register / Vol. 62, No. 118 / Thursday, June 19, 1997 / Rules and Regulations

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

FLOWERING PLANTS

******* Lessingia San Francisco U.S.A. (CA) ...... AsteraceaeÐAster .. E 620 NA NA germanorum lessingia. (=Lessingia germanorum var. germanorum).

*******

Dated: April 8, 1997. northern fur seals on the Pribilof request an additional number of seals, John G. Rogers, Islands, Alaska, is governed by up to the upper bound of their Acting Director, Fish and Wildlife Service. regulations found in 50 CFR part 216 respective ranges. Conversely, the [FR Doc. 97–15925 Filed 6–18–97; 8:45 am] subpart F—Taking for Subsistence harvest can be terminated before the BILLING CODE 4310±55±U Purposes. These regulations were lower limit of the range is reached if it published under the authority of the Fur is determined that the subsistence needs Seal Act, 15 U.S.C. 1151 et seq., and the of the Pribilof Aleuts have been met or DEPARTMENT OF COMMERCE MMPA, 16 U.S.C. 1361 et seq. (see 51 the harvest has been conducted in a FR 24828, July 9, 1986). The purpose of wasteful manner. The Aleut residents of National Oceanic and Atmospheric these regulations is to limit the take of St. Paul and St. George Islands may fur seals to a level providing for the Administration harvest up to the lower bound of the subsistence needs of the Pribilof Aleuts, 50 CFR Part 216 while using humane harvesting methods applicable range between June 23 and and restricting taking by sex, age, and August 8 of each year, 1997–99. If, at [Docket No. 970326068±7132±02; I.D. any time during the harvest, the lower 031197A] season for herd management purposes. estimate of subsistence need for an RIN 0648±AJ86 Subsistence Harvest Estimates for 1997 island is reached, the harvest must be through 1999 suspended for no longer than 48 hours, Marine Mammals; Subsistence Taking NMFS published a notice and request pursuant to 50 CFR 215.32(e)(1)(iii), of Northern Fur Seals; Harvest for public comment (62 FR 17774, April pending a review of the harvest data to Estimates. 11, 1997) proposing a range of determine if the subsistence needs of AGENCY: National Marine Fisheries subsistence need estimates on the the island residents have been met. At Service (NMFS), National Oceanic and Pribilof Islands for 1997–99, based on such time, the Pribilof Aleuts may Atmospheric Administration (NOAA), the results of the 1994–96 harvests and submit information to NMFS indicating Commerce. responses from the tribal governments that subsistence needs (for either island) on St. Paul and St. George Islands. ACTION: Final rule. have not been met. If the Pribilof Aleuts NMFS proposed that the harvest substantiate an additional need for SUMMARY: Pursuant to regulations estimate for northern fur seals on St. seals, and there has been no indication governing northern fur seal subsistence Paul Island for each year, 1997–99, of waste, NMFS will provide a revised taking on the Pribilof Islands, and remain the same as that in 1994 through following a 30-day public comment 1996 (1,645 to 2,000). estimate of the number of seals required period on the proposed subsistence For St. George Island, NMFS proposed for subsistence purposes. If additional need estimates of the Pribilof Aleuts, that the lower bound of the estimate of information is not submitted by the NMFS is publishing this final rule subsistence need for each year, 1997–99, Pribilof Aleuts, NMFS will consider establishing annual northern fur seal increase from 281 to 300 seals and that only the information in the record at the harvest range levels for 1997–1999. the upper bound remain at 500 seals. time of the suspension. NMFS based this change in the estimate DATES: Effective June 19, 1997 and Classification applies to the harvest beginning June 23, on the continuing decline of the island’s 1997. economy, which has resulted in an NMFS has determined that the increased rate of unemployment and, ADDRESSES: Hilda Diaz-Soltero, Acting approval and implementation of this thus, a greater reliance on subsistence document will not significantly affect Director, Office of Protected Resources harvesting of food resources to meet the the human environment and that (F/PR), 1315 East-West Highway, Silver natives’ needs. Spring, MD 20910. As no comments were received in preparation of an Environmental Impact FOR FURTHER INFORMATION CONTACT: response to the notice proposing the Statement is not required by section Steve Zimmerman, (907) 586–7235, or upcoming years’ estimates of 102(2) of the National Environmental Margot Bohan, (301) 713–2322. subsistence need, NMFS is publishing Policy Act. This rule makes no changes SUPPLEMENTARY INFORMATION: this final rule that establishes the to the regulations governing the taking annual harvest ranges for the years of fur seals for subsistence purposes. Background 1997–1999, as follows: St. Paul Island: Because this rule does not alter the The northern fur seal (Callorhinus 1,645–2,000; St. George Island: 300–500. conclusions of previous environmental ursinus) population is considered If the Aleut residents of St. Paul or St. impact analyses and environmental depleted under the Marine Mammal George Island reach the lower limit of assessments (EA), it is categorically Protection Act (MMPA) (50 CFR their range during the harvest, and still excluded by NOAA Administrative 216.15(c)). The subsistence harvest of have unmet subsistence needs, they may