51302 Federal Register / Vol. 58, No. 189 / Friday, October 1, 1993 / Proposed Rules

MOTOR CARRIER RADIO SERVICE agricultural, commercial, and - maritime in Orange County is FREQUENCY TABLE—Continued recreational development. Severalof disjunct and the species composition is these taxa are also threatened with slightly different from that found in San Freq~Jency Class of Umitations stochastic by virtue of their Diego County and Mexico (Gray and small population size and limited Bramlet 1992). distribution. This proposedrule, if Two of the subject taxa are frequently made final, would extend the Act’s associated with southern maritime 44.36 do 5,6,23 protection tothese . The Service chaparral but extend into other plant seeks data and comments from the communities. dissita is 44.40 do 5~6.23 public on this proposedrule. restricted to ruggedcoastalcanyons in DATES: Comments from all interested association with San Onofre breccia- parties must be receivedby December derived soils in the southern maritime 44.46 do 1,23 30. 1993. Public hearing requests must chaparral of southern Orange County. 44.48 do 1,23 be received by November 15, 1993. California. This taxon also occurs in ADDRESSES: Comments and materials limited numbers in Venturan-Diegan concerning this proposal should be sent transitional coastal sage scrub (Gray and to Field Supervisor, U.S. Fish and Bramlet 1992) and southern mixed (c) ** Wildlife Service, Carlsbad Field Office, chaparral (Holland 1986). Verbesino (23) Thisfrequency is also used on a 2730 LokerAvenue West, Carlsbad,~ dissita occurs disjunctly insimilar secondary basis for cordlesstelephones California 92008. Comments and vegetation associations from Punta underpart 15 of this chapter. materials receivedwill be available for Descanso southto San Telmo in public inspection, by appointment, northwestern Baja California, Mexico. [FR Doc. 93—24090 Filed 9—30—93; 8:45 am) during normal businesshours at the vanessae occurs in southern maritime chaparral in the vicinity of BIWNG COOE eiia—oi-ia above address. FOR FURThER INFORMATiON CONTACT: Mr. Encinitas, central San Diego County, Richard Zembal, Deputy Field California, and extends inland to Mount DEPARTMENT OF THE INTERIOR Supervisor, at the above address Woodson and Poway where it is (telephone 619/431—9440). associated with dense southern mixed Fish and Wildlife Service chaparral. One population of this plant SUPPLEMENTARY INFORMATION: occurs in the Santa Margarita Mountains 50 CFR Part 17 Background of northern San Diego County. Five of RINIOIS-ACOI the six taxa are found below 250 meters Three of the six plant taxa (iii) (820 feet (ft)) inelevation in the ( orcuttiana, Corethrogyne Endangered and ThreatenedWildlife United States. Arctostaphylos filaginifolia var. linifolia, and Dudleya glandulosa ssp. crassifoliareaches 730 and Plants; Proposed Rule for Six bloch.maniae sap. brevifolia) are Southern Maritime Chaparral Plant m (2,395 ft) elevationin Baja California, primarily restricted to weathered Mexico. Baccharis vanessae is known to Taxa From Coastal Southern California sandstone bluffs in association with or and Northwestern Baja California, occur at 880 m (2,887 ft) in elevation on inmicrohabitats within southern Mount Woodson. Mexico maritime chaparral. These three species It has been estimated that AGENCY: Fish and Wildlife Service, are endemic to south-central and approximately 900 acres of southern Interior, southern coastal San Diego County. maritime chaparral occurred historically AC11ON: Proposed rule. California. A fourth taxon in Orange County (Roberts 1992b), (Arctostaphylos glanduloso ssp. while about 21,000 acres of southern SUMMARY: The U.S. Fish and Wildlife crassifolia) is also primarily associated maritime chaparral occurred historically Service (Service) proposes endangered with southern maritime chaparral in in San Diego County (Oberbauer and status pursuant to the Endangered San Diego County, California; it also Vanderwier 1991). Currently, there are Species Act of 1973, as amended (Act), occurs in disjunct populations in an estimated 600 acres of southern for four plants (Arctostaphylos northwestern Baja California, Mexico, at maritime chaparral in Orange County glendulosa ssp. crassifolia (Del Mar least as far south as Mesa el Descanseo, (Roberts 1992b) and 2,530 acres in San manzanita), Baccharis vanessae 50 kilometers (km) (31 miles) north of Diego County (Oberbauer and (Encinitas baccharis), Chorizanthe Ensenada. Vanderwier 1991). Thisrepresents an 85 orcuttiwia (Orcutt’s spineflower), and Southern maritime chaparral (Holland percent decline in southern California Dudleya blochmaniae ssp. brevifolia 1986) is a low, fairly open chaparral that is largely due to agricultural (short-leaved dudleya)) and threatened typically dominated by Arctostaphylos conversion and urbanization. Much of status for two plants (Corethrogyne glandulosa ssp. cz-assifolia, Ceanothus the remaining 15 percent of the United filaginifoliavar. Jinifolia (Del Mar sand verrucosus (wart-stemmed ceanothus), States portion of southern maritime aster) and Verbesina dissita (big-leaved Xylococcus hicolor (mission manzanita), chaparral is located on Carmel crown-beard)). The six taxa occur Quercus dumosa (Nuttall’s scrub oak), Mountain in San Diego County. The mostly on private lands in coastal Cneoridium dumosum (bush rue), distribution of southern maritime Orange and San Diego Counties, Rhamnus crocea (red berry). chaparral and related associations have California; two taxa extend southInto Dendroinecon rigida (bush poppy), and also declined significantly in Baja northwestern Baja California, Mexico. Yucca schidigera (Mojave yucca). California. Mexico, for many of the same These six taxa are threatened by one or Southern maritime chaparral is a plant reasons. more of the following: Trampling by association that occurs onlyin coastal The natural plant communities of farm workers or recreational activities; southern California along the immediate coastal Orange and San Diego Counties fuel modification; competition from coast of San Diego and Orange Counties have undergone significant changes alien plant species; and habitat and northwestern Baja California, resulting from both human-caused destruction due to residential, Mexico. The distribution of southern activities and natural occurrences. The Federal Register / Vol. 58. No. 189 / Friday, October 1, 1993 / Proposed Rules 1303 rapid urbanization of southern Orange cushingianc but the more truncate leaf- known numbet in San Diego Cocntv A County and south-central San Diego bases, the usually more tomentulose significant number of these pop~iia’~cns County have already eliminated a lower leaf-surfaces, and distribution have beêr~~e~erelyimpacted over ~he significant portion of the southern seem sufficient to maintain it as a last 12 years. For example, in 198~’,one maritime chaparral and some of the variety ofA. tomentosa.” J.E. Adams in population ø;~nearly 500 individuals populations of the proposed plant taxa. his 1940 treatment of the genus and its scutharn maritime chaparral Remaining southern maritime chaparral Arctostophylos returned var. crassifo!ia habitat was cleared and converted to and populations of the proposed taxa to Arctostaphylos glandulosa as in agriculture. The cultivation was active have been subjected to a considerable Jepson’s original treatment (Knight for one season and has not been degree of fra~mentation. 1985). continued (Thomas Oberbauer, Planner, Although five of the proposed plant In 1968. Philip V. Wells declared that County of San Diego, pers. comm. taxaare largelY restricted to the United “jolther morphological variants of the 1992). Currently, fewer than 8,000 States. 85 percent of the known A. gianduloso complex have largely individuals, scattered roughly populations of Verbesina dissita are ailopatric geographic distributions and throughout the historic distribution of known from northwestern Baja are recognized as subspecies” (Wells the species in San Diego County, are Califorria, Mexico. Although the status 1960). Accordingly, Wells applied the known to be extant, The number of of this species and its habitat in Mexico name Arctostaphylosglandulosa ssp. individuals in Baja California, Mexico. is not as well documented, over 20 crassifolia to the Del Mar manzanita. is not known but is likely to be smaller percent of the known populations have Subsequent taxonomic review (Munz than in the United States based on the been eliminated and at least another 20 1959, Munz 1974, Beauchamp 1986) limited availability of habitat. percent of the populations are under have preferredthis treatment. In 1965. Four populations totaling some 3.000 immediate threat. Agricultural Walter Knightsummarized the individuals in the vicinity of Mirarnar conversion, resort and residential taxonomic history of the Del Mar Reservoir have been attributed to development, arid wide fuel breaks and manzanita (Knight 1985) and came to Arctostaphyios gianduiosa ssp. slash and burn practices have already the conclusion that the subspecies crassifolia, but Wells (pers. comm., affected and continue to contribute to should not be recognized. Knight (1985) 1992) maintains that these plants are not the decline of V. dissita in Mexico stated that the Del Mar manzanita was representative of the subspecies. Ifthese (CaliforniaDepartment ofFish and a product of hybridization between populations should prove to be Game (CDFG) 199O~. Arrtostaphylos glandulosa and other representative of the subspecies, nearly Fire also plays an important role in Arctostaphylos speciesin the area. 50 percent of the individuals known in determining southern California plant Knight’s treatment was countered 2 1980 were eliminated by the Scripps community distribution and years laterby Philip Wells (Wells 1987) Ranch project between 1989 and 1992. composition. With the advent of who continued to recognize Del Mar Baccharis vanessae (Encinitas widespread urbanization, the disruption manzanita as a subspecies, and refuted baccharis) was discovered by Mitchel innatural fire cycles potentially portions of Knight’s arguments for not Beauchamp in October 1976 in southern threatens the six plant taxa proposed recognizing the subtaxon. Wells is maritime chaparral on Eccene hare for listing. considered the leading authority on the sandstones along the north side of Discussion of the Six Species Proposed genus Arctostaphylos and his treatment Encinitas Boulevard in Encinitas. The for Listing of this taxon has been widely accepted species was described in 1980 by by others; therefore, the Service accepts Beauchamp (Beauchamp 1980). Arctostaphvlos glandulosa (Eastwood Wells’ subspecific treatment of this Baccharzsvanessae, a member of the manzanita) is a relatively open. smooth, taxon. aster family (), is a dioecious dark red-barked shrub characterized by Arctostaphylos glandulosa SSp. broom-like shrub, 0.5 to 1.3 m (1.6 to 4.3 a basal burl and scarcely foliaceous crassifolia is restricted to sandstone ft) tall. Thistaxon is distinguished from bracts that are shorterthan the hairy terraces and bluffs from Carlsbad south other members of the genus Baccharis podicels (flower-stalks). Arctostaphylos to Torrey Pines State Park extending by its filiform leaves and delicate giandulosa SSp. crassifolia (Del Mar inland to Rancho Santa Fe and Carmel phyllaries, which are reflexed at manzanita), a memberof theheath Mountain in San Diego County, maturity. family (Ericaceae), was firstdescribed California. An additional population has As currentlyunderstood, the by Willis Jepson in 1922 (Jepson 1922) been reported just south of the San historical distribution of this species based on a specimen collected by Jepson Dieguito River southwest of Lake included 18 natural populations in Del Mar. Arctostaphylos glandziiosa Hodges. This species has also been scattered from Devils Canyon, San ssp. crassifolia is an erect shrub, reported from five localities in Mateo Wilderness of northern San Diego generally I to 1.2 m (3.3 to 4 ft) tall, but northwestern Baja California, Mexico, County, south to Encinitas east through occasionally higher. A.rctostaphyios from just eastof Tijuana along the the Del Dios highlands and Lake Hodges glandulosa ssp. crassifolia is United States border, to Cerro el Coronel area to Mount Woodson and south to distinguished from other varieties of A. and Mesa Descanseo 50 km (31 miles) Poway and Los Penasquitos Canyon in glandulosa by having darkgray-green north of Ensenada. The most recent San Diego County, California. Twelve of leaves that are glabrate above and collection in the San Diego Natural these populations are still extant and tomentulose beneath. The branchiets are History Museum was takenby Reid contain approximately 2,000 non-glandular, tomentulose, and Moran in 1982. individuals (CDFG 1992). Four of these sometimes with scattered long hairs. Thomas Huffman (Roberts 1992a) populations contain fewer than six In 1925, Jepson placed Del Mar reported on the locations of nearly individuals. A single transplanted rnanzanita under the name 14.000 individuals of Arctostaphylos population of 34 Individuals was Arctostaphylos tornentosa var. glandulosa sap. crassifolia in 1980 established in San Dieguito Park; crassifolia (Jepson 1925). This name was distributed over 20 population centers. however, this population has not used by McMinn (1939), who stated that Several other populations havebeen persisted (Hall 1986). Del Marmanzanita “seemsvery closely identified since 1980, but these add Chorizanthe orcuttiana (Orcutt’s related to A. glandulosa var. fewer than 1,000 individuals to the total spine-flower) was first described by 51304 Federal Register / VoL 58, No. 189 / Friday, October 1, 1993 / Proposed Rules

Charles Parry in 1884 (Parry 1884) based populations are within 4.8 km (3 miles) ssp. brevifolia is unique in the on a specimen collected by Charles R. of the coast, but populations extend up California flora. In its young stages, it is Orcutt in the same year at Point Loma, to 8.0 km (5 miles) inland near Del Mar, a cryptic mimic thafis difficult to San Diego County. Chorizanthe Historically, this species was known distinguish from the surrounding iron orcuttiana, a low, yellow-flowered from at least 17 populations. Thirteen of concretions. The species is restricted to annual of thebuckwheat family these populations are extant. Six of nearly barren Torrey sandstone bluffs. (), is restricted to sandy these populations are relatively large, Dudleya blochmaniae asp. brevifolia soils. It is distinguished from other while the others are smaller and is currently restrictedto six populations members of the genus Chorizarithe by considerably fragmented (Hogan 1990). in the vicinity of La Jolla and Del Mar its prostrate form, campanulate 3- One of these populations just north of in San Diego County, California. Two toothed involucre, and uncinate the University of California at San Diego populations are located on Torrey Pines (hooked near tip) thv~lucralawns was largely eliminated in November State Park. Others are in Del Mar, La (Reveal 1989). 1992 by grading in conjunction with the Jolla, and on Carmel Mountain. Two Historically, Chorizanthe orcuttiana widening of John Hopkins Road. It has additional populations from Del Mar is known from 10 separate occurrences been estimated that at least 20,000 and the Soledad Canyon area have been in San Diego County from Point Loma individuals exist (Jim Dice, California eliminated due to commercial and near San Diego, Del Mar, Kearney Mesa, Department of Transportation residential development. Most of these and Encinitas (CDFG 1992). Only two (CALTRANS), pers. comm., 1992). populations have been reported as populations have been seen in recent Corethrogyne filaginifoliavar. linifoiia containing fewer than 100 individuals. years. L. Allen reported 50 to 100 has a preference for sandy locations. Verbesina dissita (big-leaved crown- individuals at Torrev Pines State Park in The type specimen for short-leaved beard) was first describedby A. Gray in 1987 (CDFG 1992). However, this dudleya was collected by Reid Moran at 1885 (Gray 1885) based on a collection population has not been relocated in the Torrey Pines in 1949. The taxon was made by Charles Orcutt at Ensenada, last several years possibly due to a found growing amongst reddish-brown Baja California, Mexico, in September changing composition of plant species iron concretions along the reddish 1884. The taxon apparently was first and density as a result of a 1984 burn. sandstones capping the Linda Vista collected in the United States at Arch The only population currently known to Terrace. In 1950, Moran applied the Beach in South Laguna, Orange County, support this species is at Oak CrestPark name Hasseanthus blochmaniae asp. in 1903 by Mrs. M. F. Bradshaw (Hall in Encinitas. This population numbers brevifolius (Moran 1950) to this taxon. 1907). nearly 1,500 individuals over a The first collection of short-leaved Verbesina dissita, a member of the relatively small area (about 4 square dudleya was actually made by Frank W. aster family (Asteraceae), is a low meters). The number of individuals Peirson at Torrey Pines in 1922. growing, semi-woody perennial shrub varies widely from year to year because However, this specimen was annotated with bright yellow flowers. This taxon success of germination is highly by Willis Jepson as a new species of grows from 0.5 to 1.0 m (1.6 to 3.3 ft) dependent on such factors as rainfall, Sedum. Reid Moran was unaware of the tall and has distinctive scabrid leaves. which can be significantly different one Peirson specimen as late as 1945 when Verbesina dissita is distinguished from year to the next in southern California. he published atreatment on other members of the genus Verbesina Corethrogvnefilaginifolia var. linifolia Hasseanthus biochmaniae (Moran in California and Baja California, (DelMar sand aster) was first described 1950). In an unpublished thesis at the Mexico, by the naked achenes and broad by Harvey M. Hall in 1907 based on a University of California at Berkeley, involucre. specimen collected by Kathrine Moran pronosed the new combination Verbesina dissita is found on rugged Brandegee in 1906 (Hall 1907). Dudfeya blochnianiae ssp. brevifoiia hillsides in dense maritime chaparral Corethrogyne filaginifolia var. linifolia, (Moran 1951). This treatment was from Laguna Beach in Orange County a member of the aster family supported by comparisons made in south to the San Telmo area east of Cabo (Asteraceae), is an erect, divaricately chromosome structure and in a general Colnett in Baja California, Mexico. In branched perennial, 4.5 to 5 decimeters discussion of therelationships between California, it is known from two (dm) (18 to 20 inches) tall with violet Hasseanthus, Stylophyllum, and population centers less than 3.2 km (2 ray flowers and yellow disk flowers. Dudleya in a publication 2 years later miles) apart. Because of the habit and Hail (1907) differentiated this subtaxon when Moran suggested that preference for an understory location from other subta.xa by the narrow form Hasseanthus represented a specialized displayed by this taxon, population size of the leaf and the persistent tomentum form of dudleya and not a distinct genus is difficult to estimate. The U.S. about the involucre, branches, and (lJhl and Moran 1953). In 1975, Moran populations have been estimated to be leaves. Corethrogyne fiiaginifolia var. altered his concept and elevated the several thousand plants (Marsh 1992, linifolici also lacks a conspicuously rank of short-leaved dudleya to a full C1)FG 1992). Historically, this taxon has glandular involucre. species (Moran 1975), applying the been recorded from 23 separate Roxaima Ferris elevated the Del Mar name Dudleya brevifolio. Recent authors locations in Mexico. Ofthe Mexican sand aster to the rank ofspecies and (Munz 1974, Bartel 1993) have retained localities, over 20 percent, all north of applied the name Corethrogyne ]inifolia the subspecific treatment Dudleya Punta Santo Tomas, have been (Ferris 1958). This treatment was blochrnaniae ssp. brevifolia. eliminated. recognized by Abrams and Ferris (1960) Dudleya bjochmajiiue sap. brevifolia, arid Munz (1968), but later publications & member of the stonecrop family Previous Federal Action (Munz 1974, Beauchamp 1986) returned (Crassulaceae), is a low growing, white- Action by the Federal government on to Hall’s original treatment. flowered, ephemeral succulent. A longer three of the six plants began as a result Corethrogyne filaginifolia var. linifolia and more slender corm, shorterrosette of section 12 of the Endangered Species is known from a relatively limited area leaves, subglobular as compared to Act of 1973. Section 12 directed the in San Diego County from Baliquitos oblong blades, and shorter, relatively Secretary of the Smithsonian Institution Lagoon in Carlsbad south to Del Mar broader cauline leaves serve to separate to prepare a report on those plants Mesa, Carmel Mountain, and Torrey D. blochmaniae asp. brevifolia from considered to be threatened or extinct. Pines State Park. The majority of the other similar taxa. Dudleya blochmaniae This report was designated as House Federal Register / Vol. 58, No. 189 / Friday, October 1, 1993 1 Proposod Rules 51303

Document No. 94—51. The report was included in either the 1980 or the 1983 Hogan. dated December 30, 1990, wi~~cia. presented to Congress on January 9. notico. requested the Service to liSt IO7E. and included ArctcsthpiwIos The plant natice was again revised on Ccrethregyne-filaginifolia var. imifolia gicinthilosa ssp. crcssifouia and September 27. 1985 (50 FR 39526). and as an endangered species. Both petitions Cb.orizarirhe orcutt~anaas endanger~d Arc:ostophylos glandulosa ssp. also requested the designation of critical and Eiudieya b.’cchrnun.ae asp. crassifolie was included in Category 38 habitat. ~:ev~fc~ioas threatened. The Serv:ce Category 3B taxa are those which on the One of these species (Dudleva p~osnedanotice in the ~uiy 1, 1975, basis of current taxonornic hlc,chmaniae asp. brevifolia) was Federal Register (40 FR 27823~of its understanding, do not represent distinct included in the Smithsonian cepcnce of the report of the taxe meeting the Act’s definition of Institution’s Report of 1975 that had ~mi(hS3fliafl institution as a petition “species.” This change apparently been accepted as a petition. The Service within me contExt of section 4(c(~ reflected the concept as presented by therefore regarded Mr. Hogan’s pet:t:oa (oatit:on provisions are now found in Waiter Knight (Knight 1985). The to list Dudleva blochrncr.iae sap. section 4fb)~t)of the ActI and its of A. gicndulosa ssp. brevifolia as asecond petition. The ~e~uon thersby to review the status of crcsafoiia was subsequently Service evaluated the petitioner’s the p~anttaxo named the rein. On June rae~aluatad,and the plant was incioded requested ect~onfor the remaining two 16. 1976, the Srv:cepublished a in Category 2 in theFebruary 21. 1990, plant species and published a 90-day ;~roposalin the Federal Register (42 FR Plant Notice of Review (55 FR 6184), finding on August 30, 1991 (56 FR 24523) ta dete:m~neapproximately based on the work of Ptiillip Wells 42968) that substantial information 1,700 vascular plants to be endangered (Wells 1987), Based on additional existed indicating that the requestod species pursuant to section 4 of the Act~ information on threats and actions concerning Baccharis vone.ssae Chnrizcinthe orcu:tiorw, Dudieyo vulnerability, the Service has elevated and Corethrogvnefiiaginifolia var. bk,ciirncniae asp. bre~’:foiw.and this plant to Category 1. In the February linifc’!m may be warranted. Inforr:aa~acr~ ..~ircrcstaphyiosgiandtiiosa asp. 21, 1990, notice, Baccharis vanessae regarding the distribution and threats crasS1~OL~awere included :n tne June 16, arid Ci-.orizanthe orcuttiana were these species have been further 1q76, Federal Register notice. reevaluated arid included as Category I reviewed, resulting in the elevation of General comments received in taxa, based on information contained in Corethrogynefilaginifolia var. linijolia response ta the 1’~76propo;al Were status reports prepared in conjunction to Category 1. Publication of this su’nmarized in an April 26, 1973, with State listing. The 1990 notice prooosal constitutes the warranted Federal Register publication (43 FR included Chorizanthe orcuttiana as a findin~for these two species. 17~09LThe Endangered Species Act Category 1* candidate, indicating this Verbesina dissita has never appeased Amendments of 1978 required that all species waspossibly extinct. in any notice of review, and, therefore. nrooosais already over 2 years old be Section 4(bli3)(B) of the Actrequires no previous Federal action has taken withdrawn. A 1-year grace period was the Secretary to make certain findings place regarding this species. However, Maven to those proposals already more on pending petitions within 12 months the Service received recommendations thn 2 years old. In the December 10, of their receipt. Section 2(b)(1) of the from a number of parties. based on 1979. Federal Register (44 FR 70796). 1982 amendments further requires that information contained in the petition to the Service published a notice of all petitions pending on October 13, Stateiist the species (Connie withd.rawal of the pcrtion of the June 1982, be treated as having been newly Rutherford, U.S. Fish and Wildlife 1~.1976. propcsaa that had not been submitted on that date. This was the Service, pers. comm., 1992), which has made final, aong with four other case for Arctosraphv!os glandulosa ssp resulted in its designation as a Category c:o~osaisthat had expired. crnssifo!ia. Dudleyo blochmaniae ssp. I species. The Service finds that the The Service pchlished an updated brevifciia, and Chorizcinthe orcuttiana threats to this species in both tho Uni:ed :~.:~ceof revi~wof piants on December because the 1975 Smithsonian report States and Mexico warrants listing as 15, 1,d30 (45 FR 82480). This notice had been accepted as apetition. On threatened at this time. ~ocluded DudIei’u .~1oohrnaniaesap. October 13, 1983, the Service found that Summary of Factors Affecting the ar-~-~’fo1:a,Bccchczis vanessae, and the petitioned listing of these species Species Chcnr2ntile c.’noftlona as Category 1 was warranted but precluded by other ~&‘La.Category 1 ~axaare those taxa for pending listing actions of higher priority Section 4 of the Endangered Species whizh substantial information on pursuant to section 4fb)~3)(B)(iii)of the Act (16 U.S.C. 1533) and regulations (50 hiolcgical vulnerability and threats is Act. Notification of this finding was CFR part 424) promulgated to C’-’ :iiabie to support preparation of pub Lshed in the Federal Register on implement the listing provisions of the hs~ngprop~seis.Corethrogyne January 20, 1984 (49 FR 2485). Such a Act set forth the procedures for adding [ilaginifolic va:. Lnifoiic was included goding requires the petition to be species to the Federal Lists. A species a Category 2 taxon. Category 2 recycled, pursuant to section max’ be determined to bo an endangered cand~datosare taxa for which data in the 4(b)(3fC)(i) of the Act. The finding was or threatened species due to one or more Service’s possession indicate listing is reviewed in October of 1984, 1965, of the five factors described in section ~assibly appropriate but for which 1985. 1987. 1988, 1989, 1990, 1991, and 4(a)(1). The threats facing these six taxa substantial inioro’iation on biological liS2. Publication of this proposal are summarized in Table 1. These vulnerability and threats is not currently constitutes the v.’arranted finding for factors and their application to icncwn or on file to support proposed these species. Arctoataphvlos giandulosa Eastw. sap. rulas. On November 28, 1983, the On December 14, 1990, the Service crassifolia (jeps.) Wells (Del Mar Service published in the Federal received a petition dated December 5, maaizanita), Baccharis vanessae Register a supplement to the Notice of 1990, from Mr. David Hogan of the San Beau champ (Encinitas baccharis), Review (43 FR 53840), in which Diego Biodiversity Project. to list ChorizQnthe orcuttiana Parry (Orcutt’s Baccl’,aris vanessae and Chorizanthe Dudleva blochrnaniae ssp. brevifolia spineflower), C’orethrogynefilaginifolia orcuttiana were reclassified from and Baccharis vanessae as endangered (H. & A.) Nutt. var. linifolia Hall (Del Category 1 to Category 2. Arctostaphyio~, species. On January 7, 1991. the Service Mar sand aster), Dudleya blochmaniae ghn’.dulosa asp. crassifolia was not received another petition from Mr. ssp. brevifoiid Moran (short-leaved 51306 Federal Register / Vol. 58, No. 189 / Friday, October 1, 1993 I Proposed Rules

dudleya), and Verbesina dissita Gray (big-leaved crown-beard) are as follows:

TABLE 1 .—SUMMARY OF ThREATS . . .. -

Trampling Alien plants OPV activity Fire control Dev~lo~.ac- Linged

Arctostaphy!os glandulosa ssp. crassitoiia X X Bacchahs vanessae X X X Chonzanthe orcuttiana X X X X Corethrogyne fi/aginifolia var. Iinh’oha X X X X Dudleya blochmaniae ssp. bravffolia X X X X Verbes(na diss~ta X X

A. The present or threatened Approximately 600 acres of southern The status of Arctostaphylos destruction, modification, or maritime chaparral is currently glandulosa ssp. crassifolia and its curtailment of its habitat or range. approved or proposed for development habitat in extreme northwestern Baja Three of the six taxa proposed herein in San Diego County (Roberts 1992a). California, Mexico, are not well This represents approximately 25 documented. However, this species only (Chorizanthe orcutthna, Corethrogyne percent ofthe remaining habitat. Less extends some 40 km (25 miles) south of filaginifolia var. linifolia, and Dudieya than 30 percent of the remaining the U.S. border. This region represents Lc’ochmaniae ssp. brevifolia) are sbuthern maritime chaparral is one of the most severely impacted areas restricted to the south-central coast of preserved in parks with long-term in Baja California, and many of the same San Diego County, California. One taxon management for conservation, such as factors (urban and agricultural (Baccharis vanessae) extends inland 32 development) that have affected the km (20 miles), and north to the Santa Torrey Pines State Park. Although the exact acreage of potential loss of status of this taxon in the United States Margarita Mountains ofnorthern San are also clearly having an impact south Diego County. One taxon southern maritime chaparral due to approved or proposed development is of the border, (Arctostaphylos glandulosa ssp. not known to the Service, four approved Chorizanthe orcuttiana (Orcutt’s crassifolia) extends from the south- spineflower) is restricted to exposed central coast of San Diego County south or proposed projects in Carlsbad, Encinitas, and on Carmel Mountain sandy soils at two sites in coastal south- into northwestern Baje California, alone could eliminate 25 percent of the central San Diego County. One site, Mexico, and one taxon (Verbesina remaining southern maritime chaparral located at TorreyPines State Park, is dissita) occurs in two disjunct in San Diego County (Carrie Phillips, protected. However, this population has populations, one in coastal southern U.S. Fish and Wildlife Service, pers. not been seen since 1987 despite Orange County and one along the coast comm., 1992). repeated searches (Hogan, San Diego in northwestern Baja California, Mexico. Biodiversity Project, pers. comm., 1992). The imminent threat facing all six ta.xa Tom Huffman estimated in 1980 that The only currently known population is Arctostaphylos glandulosa sap. and their associated habitats is the within Oakcrest Park in Encinitas, and ongoing and future destruction and crassifolia occurred in over 290 this population is threatened by adverse modification of habitat by one subpopuiations within 20 major proposed construction of recreational or more of the following: urban population centers containing over facilities (see Factor D). This reduction development, agricultural development, 14,000 individuals (Roberts 1992a). By of habitat will likely have significant recreational activities, trampling, and 1992, over 120 of the 290 impacts on the long-term viability of the fuel modification activities. subpopulations, 1 major population existing C. orcuttiana population and Arctostaohyios glandulosa ssp. center, and nearly 8,000 individuals the remaining southern maritime crassifolia (Del Mar manzanita) is identified by Huffman had been chaparral in the park. restricted to sandstone-derived soils eliminated by develcpment. Over 40 Dudleya blochrnaniae ssp. brevifolio along the south-central coast of San percent of the remaining subpopulations (short-leaved dudleya) is also known Diego County, extending south to Mesa and nearly 40 percent of the remaining from an extremely limited number of el Descansee 50 km (31 miles) north of individuals, including recently populations. The five remaining Ensenada, Baja California, Mexico. This discovered populations, will be populations are restricted to sandy taxon is restricted almost exclusively to eliminated by proposed and approved pockets on outcrops of Lindavista southern maritime chaparral and is projects in Carlsbad, Encinitas, Carmel sandstone. One population is newly considered an indicator taxon for the Valley, and the Carmel Highlands discovered, and threats have not yet community. Published estimates (Roberts 1992a). been analyzed for it. The largest indicate that 87 percent of southern Populations of Arotostaphylos population, at Carmel Mountain, maritime chaparral vegetation in San gianduiosa ssp. crassifolia are also at consists of several subpopulat.ions that Diego County hasbeen lost as a result risk from unauthorized land clearings or are threatened by residential of urban arid agricultural development agricultural conversions. An development, firebreaks, off-road (Oberbauer and Vanderwier 1991). unpublished study by the Service, dated vehicle activity, and foot traffic (Hogan Between 1980 and 1990, the population June 1992, identified nearly 1,300 acres 1991). Dudleya blochmnniae asp. of San DiegoCounty increased by more of unauthorized or possible land brevifolia occurs in openings of than 600,000 people. Most of this clearing activities in San Diego County southern maritime chaparral. Published increase occurred on or near the coast between August 1991 and May 1992. estimates indicate that 87 percent of at sites historically occupied, in part, by These clearings, in part, included southern maritime chaparral vegetation southern maritime chaparral. southern maritime chaparral. in San Diego County hasbeen lost as a Federal Register I Vol. 58, No. 189 / Friday, October 1, 1993 / Proposed Rules 5130? result of urban and agricultural chaparral along the roadside curb. competition from A triplex semibaccatu~ development (Oberbauer and Potential habitat in the Green Valley (Australian saitbush). Vanderwier 1991). area just southeast of Batiquitos J.agoon Approximately 900 acres of southern Bacchans vanessae (Encinitas is threatened by twc proposed maritime chaparral occurred historically baccharis) is associated with dense developments (Arroyo La Costa and in Orange County (Roberts 1992b). One mixed chaparral and southern maritime Home Depot). Large populations of C. third-ofthat hasbeen eliminated chaparral. Fourteen populations filaginifolia ssp. linifolia are found on through urban development. The currently exist. Seven of the remaining Carmel Mountain alongwith the largest remaining habitat is relatively 14 populations are threatened by stand of southern maritime chaparral contiguous; however, several proposed development projects. Five populations (Hogan 1991). The southern maritime developments would reduce and further are in the Del Dios Highlands within the chaparral and at least seven fragment this rare vegetation Rancho Cielo project area. Three of subpopulations of C. filaginifolia ssp. association. Only 20 percent of the these are threatened by urban linifolia on Cannel Mountain are habitat is preserved (i.e., in Aliso- development and a golf course. threatened by proposed development Woods Canyon Regional Park). Grubbing and clearing in 1991 and (Hogan 1991). The majority of Verbesina dissita 1992. in combination with a serious fire In the United States, Verbesina dissita populations occur south of the United in September 1990, may already have (big-leaved crown- beard) is restricted to States-Mexico border in coastal, eliminated some of these plants. The rugged coastal hillsides and canyons in northwestern Baja California, Mexico, Rancho Cielo project was approved in southern maritime chaparral and,to a where it occurs in similar vegetation 1981, 6 years before the species was lesser extent, coastal sage scrub and associations as found in Laguna Beach, declared endangered by the State of mixed chaparral. a~onga 3.2-km stretch California. The status of V. dissita and California. Even though this project has (2-mile stretch) of coastline in Laguna its habitat in Mexico are not well not yet been constructed, the county of Beach, Orange County. Although documented. According to one San Diego has not required additional portions of its distribution extend into prominent researcher, the distribution surveys or modifications to existing Aliso-Woods Regional Park, the majority of this species in Mexico is spotty (Reid plans based on the listing status of of the populations are on private land. Moran, California Academy of Sciences. Encinitas baccharis. Two other These populations are threatened by pers. comm., 1992). Over 20 populations populations of this taxon near Lake residential development and fuel are known between Punta Descanseo Hodges have been identified as modification activities (CDFG 1992). and San Telmo near Cabo Colonet threatened by development proposals Small-scale housing projects continue (Roberts 1958). A survey of historic (CDFG 1992). Although a population to incrementally impact the main localities in 1988 between Punta el near BlackMountain was left in open Laguna Beachpopulation. At least four Descanseo and Punta Santo Tomes space after the construction of a new residences were built directly on determined that over 25 percent of these residential development, no species- Verbesina dissita after State listing as a localities had been urbanized or specific management plan exists. threatened species in 1989. Although converted to agriculture. Four separate Corethrogyne filaginifolia ssp. the individual houses eliminated a localities are known from Punta Bunda iir~ifo1ia(Del Mar sand aster) is relatively small number of individuals, just south of Ensenada. Changes in land restrictedto the south-central coast of tocal ordinances require the creation of use from relatively pristine conditions San Diego County between Batiquitos a fuel modification zone up to 46 m (150 in 1987 to extensive grubbing and Lcgoon in Carlsbad south to Del Mar ft) from the residence. Over 20 percent clearing in addition to rural Mesa, Torrey Pines State Park, and of V. dissita occurrences are within 46 condominium development in 1990 are Carmel Mountain. The species is closely m (150 ft) of residential development. If threatening three of the four known associated with southern maritime these ordinances are fully implemented, populations on Punta Banda (Roberts, chaparral, preferring openings and a significant portion of this species in memo to files, June 23, 1992). Clearly, sandy terraces over dense brush. This the United States would be eliminated. many of the same factors threatening the taxon is able to withstand some In 1984, a fuel break was cut through species inthe United States (urban and disturbance and has reestablished one population on Temple Hill. The agricultural development) are populations along road cuts and railroad speciesnormally persists inrelatively threatening this species south of the right-of-ways. However, the long-term densebrush, although it is known to border. viability of these colonizers has not respond favorably to some clearing and been demonstrated, and many of these fires. The plants inthe fuelbreakbegan B. Overutihzation for Commercial, populations are subject to periodic road- to decline after 4 years. The City of Recreational, Scientific, or Educational side maintenance and clearing Laguna Beach used goats to clear fuel Purposes. activities. breaks in 1991 over objections by Some taxa havebecome vulnerable to A considerable portion of the historic citizens concerned that the goats could collecting by curiosity seekers as a range of Corethrogynefilaginifolia ssp. potentially consume rare plant species result of increased publicity following linifolia has been eliminated by urban (Dr. Peter Bowler, University of publication ofa listing proposal. The development within the cities of California, Irvine, pers. comm., 1992). limited population size of and relatively Carlsbad, Encinitas, and Del Mar, and The City of Laguna Beach has indicated easy access for two of the species elsewhere within northern San Diego that many neglected areas containing (ChorizanLhe orcuttiana and Dudleya County. Remaining populations have dense brush adjacent to residential blochmaniae ssp. brevifolia) could been subject to fragmentation and development will be cleared (Laguna render them vulnerable to collecting isolation in these areas. Historic Beach Fire Department, pers. comm., following publication of the listing populations in Encinitas havebeen 1991). These areas are, in part, occupied proposal. greatly reduced. Relics of larger by V. dissita. One development historical populations occur along Via completed in 1989 has placed irrigation C. Disease orPredation. Cantebria Road and in Oakcrest Park. and hydromuiching over one Disease is not known to be a factor for The Via Cantebria Road stand occurs in population. V. dissita is not expected to any of the taxa. Insect predation of the a small fragment of southern maritime persist with overwatering and six taxa is not well understood; 51308 Federal Register / Vol. 58, No. 189 / Friday, October 1, 1993 I Proposed Rules

however, swollen galls on the stems of contribute to the overall net loss of development will reduce the Baccharis Baccharis vanessae indicate parasitism habitat. Transplantation is frequently vanessae population and the extent of by a lepidopteran (Beauchamp 1980). used to compensate for the loss of rare southern maritime tha~arralwithin the D. The Inadequacy of Existing plant species. However, it has never park by approximately one-third (David been demonstrated to provide for long- Wigginton, Director, Parks and Regulatory Mechanisms. term viability of any of the six taxa. Recreation, City of Encinitas, pers. Existing regulatory mechanisms are Several attemptsat transplanting comm., 1992). not sufficientto protect southern Baccharis vanessae and Arctostaphylos Another example demonstrating how maritime chaparral or reduce the losses glandulosa ssp. crassifolia have been existing regulatory mechanisms are of Arctostaphylos glandulosa ssp. reported by Hall (1986). Attempts to inadequate is provided by the case of crassifolia, Boccharis van essoe, transplant B. vanessae at Quail one project in the City of Carlsbad that Chorizanthe orcuttiana, Corethrogyne Botanical Garden and at San Dieguito was originally approved circa 1980. The filaginifolia var. linifolia, Dudleya County Park failed shortly after the project area contains the northernmost blochmanioe ssp. brevifolia, and monitoring period ended. Six years after known population of Arctostaphylos t’erbesina dissita. individuals of A. glondulosa ssp. glandulosa ssp. crassifolia and a Under the Native Plant Protection Act crassifolia were transplanted at Quail significant stand of southern maritime (Chapter 1.5, section 1900 et seq. of the Botanical Garden, 75 percent had died. chaparral. When a City official was Fish and Game Code) and California Dudleya blochinaniae ssp. brevifolia approached by the proponent in 1992. Endangered Species Act (Chapter 1.5, occurs at two sites on State lands set the City informed the proponent that the section 2050 et seq.), the California Fish aside for conservation at Torrey Pines existing CEQA documentation was and Game Commission listed Dudleya State Park. A third sitereceives limited inadequate and that additional biochmaniae ssp. brevifo)ia (as Dudleya protection at Crest Canyon Preserve in biological surveys would be required. brevifolia) as endangered in 1982, Del Mar; however, recreational activity Despite this finding, the proponent was Baccharis vanessae as endangered in (see Factor E) threatens the species at able to obtain grading permits to clear 1987, and Chorizanthe orcuttiana as this site. A small population of the land without additional endangered in 1979. Verbesina dissita Corethrogynefilaginifolia ssp. linifolia documentation in July or August 1992 was listed by the State as threatened in occurs within San Elijo Lagoon State (Tern Stewart, California Department of 1989. Although both statutes prohibit Preserve. Other larger populations are Fish and Game, pers. comm., 1992). the “take” of State-listed plants (Chapter located in boththe northern and The southern range of Arctostaphylos 1.5 sections 1908 and 2080), State law southern parcels of Torrey Pines State giandulosa ssp. crassifolia and appears to exempt the taking of such Park (Jim Dice, pers. comm., 1992). Verbesina dissita continues south along plants via habitat modification or land These populations are protected and the coast into northwestern Baja use change by the landowner. After the expected to be viable for the long-term. California, Mexico. The country of CDFG notifies a landowner that a State- A population within the City of Del Mexico has lawsthat presumably listed plant grows on his or her Mar’s Crest Canyon Park is also within provide protection to rare plants; property, State law evidently requires preserved southern maritime chaparral however, enforcement of laws is lacking only that the landowner notify the but is subject to trampling (Hogan 1991). (U.S. Fish and Wildlife Service 1992), agency “at least 10 days in advance of One population of Baccharis vanessae In summary, although many of these changing the land use to allow salvage occurs in the San Mateo Wilderness of taxa are receiving at least partial of such plant” (Chapter 1.5, section the Cleveland National Forest, where it protection through existing regulatory 1913). Even this requirement is seldom is protected. mechanisms, threats continue to adhered to or enforced. For example, in Existing land use regulations have adversely affect the species,as indicated 1992, Verbesina dissita plants in Laguna failed to protect these plants as by their declining status. Beach were removed without the State’s exemplified by the case of Oakcrest Park knowledge (Ken Berg, CDFG E. Other Natural orManmade Factors in Encinitas. Although a portion ofthe Affecting Its Continued Existence Endangered Plants Program, pers. park was originally set aside for comm., 1992). conservation purposes by the County of At least three of the taxa (Baccharis The majority of the known San Diego (Oberbauer, pers. comm., vanessae, Chorizanthe orcuttiana, and populations of the six taxa occur on 1992; Hogan 1991), the City of Encinitas Verbesina dissita) are threatened with privately owned land. Local and county has beeneliminating southern maritime extinction by stochastic events because zoning designations are subject to chaparral and causing direct losses to of their restricted distribution and small change and do not incorporate the Arctostaphylos glandulosa ssp. population size. Genetic viability is principles of conservation biology in the crassifolia, Baccharis vanessae, reduced in small populations, making establishment of open spaceareas. What Chorizanthe orcuttiano, and them vulnerable to extinction by a few resource protection ordinances exist Corethrogynefilaginifolia var. linifolia single human-caused or natural event. are subject to interpretation and in cases through incremental impacts of The potential for extirpation owing to where findings of overriding social and recreational development for several small populations size can be economic considerations are made, years. One area developedrelatively exacerbated by natural causes, such as compliance is notrequired. In many recently included a natural preserve the recent drought or fire. For instance, cases, land-use planning decisions are area set aside under an agreement with the impact of fire on B. vanessae is not made on the basis of environmental the California Coastal Commission. fully understood, yet a major fire in the review documents, prepared as required Current recreational developmentplans Del Dioshighlands burned four of the by the California Environmental Quality for Oakcrest Park, including the known populations in September 1990. Act (CEQA) or the National construction of a community center, Many populations are now In close Environmental Policy Act, that do not swimming pool, lawn installations, and proximity to residential development. adequately address potential impacts to numerous walking paths, will impact and are threatened by fuel modification the six taxa or southern maritime three of these taxa (A. glandulosa ssp. activities, fire suppression, and chaparral, or offer insufficient crassifolia, B. vanessae, and C. increased human activities associated compensation for losses that continue to filaginifolia var. linifolia). The proposed withthe nearby development. Federal Register I Vol. 58, No. 189 I Friday, October 1, 1993 / Proposed Rules 51309

Additionally.unidentified pollinators or manytrails that cross the site (Hogan is not presently prudent for these taxa. wildlife species functioning as seed- 1991). Such a determination would result in no dispersal agents may also be impacted All six taxa are potentially threatened known bèñefIt to these species. The by this development by the interruption of the natural fire publication of critical habitat Habitat fragmentatiorr and isolation, cycle. Fragmentation has rendered descriptions and maps required for in addition to fuel modification, individual populations more susceptible critical habitat would increase the threaten the taxa where they grow to fireevents that may eitheroccur too degree of threat to these plants from adjacent to or mixed within residential frequently or be suppressed too long to possible take or vandalism, and could areas. For example, in addition to the 40 maintain a healthy southern maritime contribute to their decline. The listing of percent of the remaining Arctostaphylos chaparral habitat. species as either endangered or glandulosa asp. crassifolia that are The Service has carefully assessed the threatened publicizes the rarity of the threatened by development, an best scientific and commercial plants and can make these plants additional 10 percent are threatened by information available regarding the past, attractive to researchers, curiosity fuel modification and habitat present, and future threats faced by seekers, or collectors of rare plants. All fragmentation (Roberts 1992a). Conflicts these six taxa in determining to propose appropriate Federal agencies and local between fire management and this rule. Based on this evaluation, the planning agencies have been notified of preservation arise when insufficient Service finds that ArctostaphyIos the location and importance of buffers exist between sensitive glendulosa asp. crassifolia, Baccharis protecting these species’ habitat. biological resources and residential vanessae, Chorizanthe orcuttiana, and Protection of these species’ habitat will dwellings. A recent example includes Dudleya blochmaniae ssp. brevifolia are be addressed through the recovery the grubbing (clearing of vegetation) of in danger of extinction throughout all or process and potentially through the approximately 2 acres of southern a significant portion of their ranges due section 7 consultation process. maritime chaparral bordering a new to habitat alteration and destruction Therefore, the Servicefinds that residential development in Carlsbad on resulting from urban, recreational, and designation of critical habitat for these June 22, 1992. agricultural development; fuel plants is not prudent at this time; such Baccharis vanessoe is comprised of modification activities;trampling and designation likely would increase the only 13 extant populations. Four of recreational activities; inadequacy of degree of-threat from vandalism, these have fewer than six individuals. existing regulatory mechanisms; collecting, or other human activities. While the combination of the remaining stochastic extinction; and competition populations may contain over 1,500 from exotic plant species. Therefore the Available Conservation Measures individuals, no population is known to preferred action is to list those taxa as Conservation measures provided to have over300 individuals. The recent endangered. For the reasons discussed species listed asendangered or drought or the cold snap southern below, the Service finds that threatened under the Endangered California suffered in December 1990 Corethrogynefilaginhfolia var. linifolia Species Act include recognition, may have reduced these numbers and Verbesina dissita are likely to recovery actions, requirements for further. become endangered species within the Federal protection, and prohibitions Chorizanthe orcuttiana is the most foreseeable future throughout all or a against certain activities. Recognition vulnerable of the six taxa. Thisplant is significant portion of their ranges. through listing encourages and results threatened by trampling by workers and Therefore, the preferred action is to list in conservation actions by Federal, recreationists because of the plant’s these taxa as threatened. The Service State. and private agencies, groups, and small size and its preference for open finds that threatened status is individuals. The Endangered Species areas, which tend to attract foot traffic appropriate for Corethrogyne Act provides for possible land through otherwise dense chaparral filaginifolia var. linifolia because the acquisition and cooperation with the vegetation. The only known site could largest populations exist within the States and requires that recovery actions be eliminated in a single event if a State Park system and the species can be carried out for all listed species. The particularly largenumber of workers or tolerate more disturbance than most protection required of Federal agencies parkusers walk through and trample the native species. Verbesina dissita is and the prohibitions against certain population. Exotic grass and weed extremely threatened in the United activities involving listed plants are species could overwhelm the States portion of its range by discussed, in part, below. population if recreational activities arid developmentand fuel modification Section 7(a) of the Act, as amended. trampling impacts that favor aggressive activities. The status of this species in requires Federal agencies to evaluate introduced species are not curtailed. Baja California, Mexico, is considerably their actions with respect to any species The population of Corethrogyne better, due to a largernumber ofextant that is proposed or listed as endangered filaginifolia ssp. linifolia at Oakcrest populations; however, those or threatened and with respect to its Park is threatened by trampling. This populations are vulnerable to similar critical habitat, if any is being species is also threatened in at least two activities that threaten the plant in the designated. Regulations implementing localities (Via Cantebria Road and at United States. Critical habitat is not this interagency cooperation provision Vulcan Road in Encinitas) with being being proposed for these taxa for the of the Act are codified at 50 CFR part overwhelmed by aggressive non-native reasons discussed inthe “Critical 402. Section 7(a)(4) of the Act requires plant species such as Corpobrotus edulis Habitat” section of this proposal. Federal agencies to confer informally (Hottentot-fig) and Limonium sinuatum with the Service on any action that is (statice). Critical Habitat likely to jeopardize the continued The northernmost population of Section 4(a)(3) ofthe Act, as existence of a proposed species or result Dudleya blochmaniae ssp. brevifolia amended, requires that, to the maximum in destruction or adverse modification continues to be threatened by trampling extent prudent and determinable, the of proposed critical habitat. If a species via recreational activities. The Secretary designate critical habitat at the is listed subsequently, section 7(a)(2) population at Crest Canyon Preserve in time a species is determined to be requires Federal agencies to insure that Del Mar is also threatened by endangered or threatened. The Service activities they authorize, fund, or carry recreational activity as evidenced by the finds that designation of critical habitat out are not likely to jeopardize the 51310 Federal Register 1 Vol. 58, No. 189 / Friday, October 1, 1993 / Proposed Rules continued existence of such a species or Corethrogynefilaginifolia var. linifolia requested. Requests must be received to destroy or adversely modify its and Verbesing dissita, proposed to be within 45 days of the date of publication critical habitat. if a Federalaction may listed asthreatened, would be subject to of the proposal.~Such-requestsmust be affect a listed species or its critical similar prohibitions (16 U.S.C. made in writing and addressed to the habitat, the responsible Federal agency 1538(a)(2)(E); 50 CF’R 17.61, 17.71). Field Supervisor of the Carlsbad Field must enter into formal consultation with Seeds from cultivated specimens of Office (see ADDRESSES section). threatened plant species are exempt the Service. National Environmental Policy Act Although none of the six species are from these prohibitions provided that a statement of “cultivated origin” appears directly involved in section 404 (Clean The Fish and Wildlife Service has on their containers. Certain exceptions determined that an Environmental Water Act) permitted activities, actions apply to agents of the Service and State that include direct and indirect effects Assessment, as defined under the conservation agencies. The Act and 50 authority of the National Environmental or that are interrelated or CFR 17.62, 17.63, and 17.72 also interdependent with the proposal under Policy Act of 1969, need not be provide for the issuance of permits to prepared in connection with regulations consideration may require action carry out otherwise prohibited activities through section 404 of the Clean Water adopted pursuant to section 4(a) of the involving endangered and threatened Endangered Species Act of 1973, as Act. Additionally, three of the ta.xa plant species under certain (Arctostophylos glandulosa ssp. amended. A notice outlining the circumstances. It is anticipated that few Service’s reasons for this determination crassifolia. Corethrogynefilaginifolia trade permits would ever be sought or var. linifolia, and Baccharis vanessae) was published In the Federal Register issued because none of the six species on October 25, 1983 (48 FR 49244). are known to occur in areas where is common in cultivation or in the wild. highway alignments, which may involve Requests for copies of the regulations on References Cited Federal funding and the Federal plants and inquiries regarding them may A complete list of all references cited Highway Administration, have been be addressed to the Office of proposed. At least one species (B. herein, aswell as others, is available Management Authority, U.S. Fish and upon request from the vanessae) is known from within the Wildlife Service, 4401 North Fairfax Carlsbad Field Cleveland National Forest and occurs Drive, room 432, Arlington, Virginia Office (see ADDRESSES section). Within 1 km (0.6 miles) of Camp 22203—3507 (703/358—2093). Author Pendleton Marine Base. New populations of the six taxa could be Public Comments Solicited The primary author of this proposed discovered at Miramar Naval Air The Service intends that any final rule is Fred M. Roberts, Jr., Carlsbad Station, Point Loma Naval Reserve, and action resulting from this proposal will Field OfficO, U.S. Fish and Wildlife Camp Pen dleton. be as accurate and as effective as Service, 2730 Loker Avenue West, possible. Therefore, comments or Carlsbad, California 92008 (telephone The Act and its implementing 619/431—9440). regulations found at 50 CFR 17.61, suggestions from the public, other 17.62, and 17.63 for endangered plants, concernedgovernmental agencies, the List of Subjects in 50 CFRPart 17 and at 50 CFR 17.71 and 17.72 for scientific community, industry, or any threatened plants, set forth a series of other interested party concerning this Endangered and threatened species, general prohibitions and exceptions that proposed rule are hereby solicited. Exports, Imports, Reporting and apply to all endangered or threatened Comments particularly are sought recordkeeping requirements, and concerning: Transportation. plants. With respect to the four plant (1) Biological, commercial trade, or taxa proposed to be listed as Proposed Regulations Promulgation endangered, all trade prohibitions of other relevant data concerning any threat (or lackthereof) to these taxa; section 9(a)(2) ofthe Act, implemented Accordingly, the Servicehereby (2) The location of any additional proposes to amend part 17, subchapter by 50 CFR 17.61, would apply. These populations of these species and the prohibitions, in part, make it illegal B of chapter I, title 50 of the Code of reasons why any habitat should or Federal Regulations, as set forth below: with respect to any endangered plant for should not be determinedto be critical any person subject to the jurisdiction of habitat as provided by section 4 of the PART 17--(AMENDED] the United States to import or export; Act; transport in interstate or foreign (3) Additional information concerning 1. The authority citation for part 17 commerce in the course of a commercial the range, distribution, and population continues to read as follows: activity; sell or offer for sale this species size of these species; and in interstate or foreigncommerce; Authority: 16 U.S.C. 1361—1407; 16 U.S.C. (4) Current or planned activities in the 1531—1544; 16 U.S.C. 4201—4245; Pub. L. 99— remove and reduce to possessionthe subject area and their possible impacts 625, 100 Stat. 3500, unless otherwise noted. species from areas under Federal on these species. jurisdiction; maliciously damage or The final decision on this proposal 2. Section 17.12(h) for plants is destroy any such species on any area will take into consideration the amended by adding the following, in under Federal jurisdiction; or remove, comments and any additional alphabetical order under the plant cut, dig up, damage, or destroy any such information received by the Service, and families indicated, to the List of endangered plant species on any other such communications may leadtoa Endangered and Threatened Plants: area in knowing violation of any State final regulation that differs from this law or regulation or inthe course of any proposal. * 17.12 Endangered and threatened plants. violation of a State criminal trespass The EndangeredSpecies Act provides ** a ** law. for apublic hearing on this proposal, if (h)* * a Federal Register / Voi. 58, No. 189 / Friday, October 1. 1993 / Proposed Rules 51~11

Species range Scientific name Common name -

Asteracaa.~—Aster famiiy:

Baccharls ~.‘ansssaa Encini~asbacetians U.S.A. (CA’ E NA NA

corsmrogvne rnegin~foiia Del Mar sand aster U.S.A. (CA) T NA NA vat. kn~foI)a.

Vertesina dzss:~a B~g-~eavedccowr’-bsard U.S.A. (CA). Mexico T NA NA

Crassuiaceae—3~ecrop family: Dudleya biochmaniae Short-leaved dudieya U.S.A. (CA) E NA NA sap. frevifo!ia.

Ericaceae—Heath family: Arctostaphy~os Del Mar mar.zanita U.S.A. (CA), Mexico E NA NA 9I3JJdUIOSR asp. crassifoI~a.

Polygonaceae—Bucicwheat farnily

Chotizait~ieai~uttiana.. Orcutts spineflower U.S.A. (CA) E NA NA

Dated: September 16, 1993. Richard N. Smith. ActingDirector, U.S. Fish and Wildlife Seivice. [FR Dec. 93—24193 Filed 9—30—93; 8:45 aml 8~WN0CODE 431O-~5-P