64884 Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Proposed Rules

3. Amend §98.53 by revising ) as endangered under the California Native Society and the paragraphs (f), (h)(3), and (h)(4) to read Endangered Species Act of 1973, as Center for Biological Diversity filed a as follows: amended (Act). After reviewing the complaint against the Service for failure available scientific and commercial to make the mandatory 90-day and 12- § 98.53 Matching fund requirements. information, we find that listing the month petition findings (California * * * * * species as threatened or endangered Native Plant Society and the Center for (f) Donated funds need not be throughout all or a significant portion of Biological Diversity v. U.S. Fish and transferred to or under the its range is not warranted at this time. Wildlife Service, C–03–1881–JCS). administrative control of the Lead We ask the public to submit to us any Settlement due dates were agreed to of Agency in order to qualify as an new information that becomes available February 1, 2004, for the 90-day finding, expenditure eligible to receive Federal concerning the status of, or threats to and, if the 90-day finding was found to match under this subsection. They may the species. This information will help be substantial, November 1, 2004, for be given to the public or private entities us monitor the status of this species. the 12-month finding. The Director designated by the State to implement DATES: The finding announced in this signed the 90-day finding on January 29, the child care program in accordance document was made on November 9, 2004. On February 10, 2004, we with § 98.11 provided that such entities 2004. Although no further action will published a notice in the Federal are identified and designated in the result from this finding, we request that Register announcing our initial petition State Plan to receive donated funds you submit new information concerning finding that the petitioned action may pursuant to § 98.16(c)(2). the status of, or threats to, this species, be warranted (69 FR 6240) and initiated * * * * * whenever it becomes available. a status review at that time. We have (h) * * * ADDRESSES: The complete file for this now completed our status review of the (3) In any fiscal year, a State may use finding is available for inspection, by best available scientific and commercial public pre-K funds for up to 20% of the appointment, during normal business information on Cymopterus deserticola, funds serving as maintenance-of-effort hours, at the Ventura Fish and Wildlife and have reached a determination under this subsection. In addition, in Office, U.S. Fish and Wildlife Service, regarding the petitioned action. any fiscal year, a State may use other 2493 Portola Road, Suite B, Ventura, CA Species Information public pre-K funds as expenditures 93003. Please submit any new serving as State matching funds under information, materials, comments, or Cymopterus deserticola, an this subsection; such public pre-K funds questions concerning this species to the herbaceous perennial plant, is a member used as State expenditures may not above address. of the carrot family (). exceed 30% of the amount of a State’s FOR FURTHER INFORMATION CONTACT: Individual generally reach 6 expenditures required to earn the State’s Diane Noda, Field Supervisor, Ventura inches (in) (15 centimeters (cm)) in full allotment of Federal matching funds Fish and Wildlife Office (see ADDRESSES height when in flower. Cymopterus available under this subsection. deserticola is unusual in having (4) If applicable, the CCDF Plan shall section above) (telephone at 805/644– 1766; facsimile 805/644–3958). herbaceous above-ground leaves and reflect the State’s intent to use public (flowering parts of plant) SUPPLEMENTARY INFORMATION: pre-K funds in excess of 10%, but not that die back at the end of the growing for more than 20% of its maintenance- Background season, leaving only the perennial of-effort or 30% of its State matching Section 4(b)(3)(B) of the Endangered taproot to overwinter. The plant may funds in a fiscal year. Also, the Plan Species Act of 1973, as amended (Act) only produce the leaves and shall describe how the State will (16 U.S.C. 1531 et seq.), requires that, inflorescences in years when favorable coordinate its pre-K and child care for any petition to revise the List of climatic conditions, including sufficient services to expand the availability of Threatened and Endangered Species rainfall, are present. In some years, child care. that contains substantial scientific and individuals may produce leaves but not * * * * * commercial information indicating that inflorescences. In years when flowering [FR Doc. 04–24944 Filed 11–8–04; 8:45 am] listing may be warranted, we make a does occur, the inflorescences emerge in BILLING CODE 4184–01–P finding within 12 months of the date of early spring. During unfavorable the receipt of the petition. We may find climatic conditions, such as severe that the petitioned action is: (a) Not drought, the plant may persist solely as DEPARTMENT OF THE INTERIOR warranted, or (b) warranted, or (c) a dormant taproot; the length of time the warranted but precluded by other perennial taproot of C. deserticola can Fish and Wildlife Service pending proposals. Such 12-month survive is unknown. findings are to be published promptly in Cymopterus deserticola grows on 50 CFR Part 17 the Federal Register. loose, sandy soils in Joshua tree On April 15, 2002, we received a woodland, saltbush scrub, and Endangered and Threatened Wildlife petition, dated March 29, 2002, from the Mojavean desert scrub communities in and Plants; 12-Month Finding for a California Native Plant Society and the the western Mojave Desert, at elevations Petition to List Cymopterus deserticola Center for Biological Diversity, between 2,000 and 3,000 feet (610 and (desert cymopterus) as Endangered requesting us to list Cymopterus 915 meters) (Bagley 1998). The sandy AGENCY: Fish and Wildlife Service, deserticola (desert cymopterus) as an soils that C. deserticola requires can be Interior. endangered species and designate found on alluvial fans and basins, ACTION: Notice of 12-month petition critical habitat. On June 12, 2002, we stabilized sand fields, and occasionally finding. sent a letter to the petitioners explaining sandy slopes of desert dry lake basins. that we would not be able to address This species typically grows in the cool, SUMMARY: We, the U.S. Fish and their petition in the current fiscal year moist conditions of winter and early Wildlife Service (Service), announce a because court orders and settlement spring, and goes dormant as the warmer 12-month finding for a petition to list agreements required nearly all of our weather progresses in April and May Cymopterus deserticola (desert listing funding. On April 25, 2003, the (Bagley 1998). Very little is known

VerDate jul<14>2003 15:20 Nov 08, 2004 Jkt 205001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.SGM 09NOP1 Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Proposed Rules 64885

about the reproduction and recruitment records of occurrence for Kern and San within the Cuddeback Dry Lake basin of C. deserticola. Bernardino Counties in 2003 and 2004 and believes that the number of (Service files) which have not been individuals would be found to be higher Range and Distribution entered into CNDDB. Currently there are than is currently known if focused In 1915, Thomas Brandegee first a total of 105 known populations of C. surveys for C. deserticola were described Cymopterus deserticola from deserticola. conducted in the Cuddeback Dry Lake material collected near Kramer Junction, The greatest number of known basin (M. Conner, pers. comm. 2004). San Bernardino County, California. The populations and individuals is located Glenn Harris of the BLM has also found historic distribution of C. deserticola within the Rogers Dry Lake basin. The C. deserticola to be more prevalent and ranges from Apple Valley, San vast majority of the populations widespread within this basin than Bernardino County, northward (approximately 87 percent) in this basin reported in the petition and the CNDDB. approximately 55 miles (mi) (89 are located on EAFB, with a few of the He has found that the reported kilometers (km)) to the Cuddeback Lake known plants on BLM and private land distribution and abundance of this basin in San Bernardino County, and to the north of the base. Intensive species within this basin increases as westward approximately 45 mi (73 km) surveys for Cymopterus deserticola were suitable habitat is surveyed (G. Harris, to the Rogers and Buckhorn Dry Lake conducted on EAFB in 1995 (Mitchell et pers. comm. 2004). He also believes the basins on Edwards Air Force Base al. 1995), during which 56 new distribution of individuals within this (EAFB) in Kern and Los Angeles populations were discovered. In all, 85 basin would potentially increase if Counties, California (Mitchell et al. C. deserticola populations were surveys focusing on C. deserticola and 1995; California Department of Fish and observed within this basin in 1995, with its habitat were conducted, and the Game’s California Natural Diversity 14,362 plants counted. actual number of individuals within this Database (CNDDB) 2003). In 2003, EAFB developed a habitat basin probably ranges from several The Apple Valley sites are known model for Cymopterus deserticola and hundred to a few thousand. only from historic collections made in two other plant species of concern, Six known populations of Cymopterus 1915, 1920, and 1941. Recent attempts Calochortus striatus (alkali mariposa deserticola occur in the Harper Dry Lake to locate Cymopterus deserticola in lily) and Eriophyllum mohavense basin, totaling approximately 200 areas of the historic Apple Valley (Barstow woolly sunflower). The model individual plants (BLM 2001). However, collections have been unsuccessful, and used the habitat attributes of the known extensive surveys focusing on C. it appears that these sites have been lost occurrences of these species. The deserticola have not been performed as a result of urban development and purpose of the model was to identify within this basin. off-highway vehicle (OHV) use (Moe other potential sites where these species Within the Superior Dry Lake basin, 1988). The Apple Valley sites are also might occur. EAFB then conducted field Silverman and Cione (BLM 2001) disjunct by at least 28 mi (45 km) from surveys to validate the model. Six new reported a previously unknown the nearest known extant populations populations of C. deserticola were found population of 40 individuals of (i.e., group of individuals of the same on EAFB and just to the north of the Cymopterus deserticola in 2001. The species living and interacting in the base during these field surveys (Wood U.S. Army’s Ft. Irwin conducted same geographic area). The known 2003). These new populations increased surveys in 2004 and found that the extant range of the species is confined the known distribution and abundance species occurred in greater abundance mostly to the Rogers Dry Lake, Harper of this species within the Rogers Dry and over a wider area than previously Dry Lake, Cuddeback Dry Lake, and Lake basin. Therefore, at least 91 (not 92 known (Mickey Quillman, Natural Superior Dry Lake basins. The Rogers as incorrectly reported in the 90-day Resources Manager, Ft. Irwin, pers. Dry Lake basin, where most of the finding (69 FR 6240)) populations of C. comm. 2004). These surveys did not plants are known to occur, is located deserticola are currently known to occur include lands within the China Lake mainly on EAFB in the southwestern within the basin. According to the Naval Weapons Center (CLNWC) or portion of the species’ range. The CNDDB (2004), the number of NASA’s Goldstone facility that borders Harper Dry Lake basin located in the individuals reported ranges from a Ft. Irwin and the western expansion central portion of the species’ range is single individual on less than 10.7 area of the Army’s National Training under the jurisdiction of the Bureau of square feet (1 square meter) to a Center. However, C. deserticola was Land Management (BLM) and private population of 5,377 individuals on observed at the boundary between Ft. land owners. The Cuddeback Dry Lake 376.3 acres (ac) (152.3 hectares (ha)). Irwin and CLNWC, and Ft. Irwin and basin located in the northern portion of The Cuddeback Dry Lake basin is Goldstone, indicating that there is high the species’ range is under the under the jurisdiction of BLM, and the probability that C. deserticola is also jurisdiction of BLM. The Superior Dry grazing privileges to this area have been present on CLNWC and Goldstone. Lake basin located in the eastern portion acquired by non-profit environmental The extent that a species is threatened of the species range is mainly on Ft. groups. Although extensive surveys for depends on numerous factors, including Irwin, including the Ft. Irwin expansion Cymopterus deserticola have not been the species’ range and distribution. area. This extant range extends conducted within the Cuddeback Dry Currently, the known range of approximately 50 mi (80 km) from east Lake basin, four populations are Cymopterus deserticola is primarily to west and 35 mi (56 km) from north currently known to occur within the based on occurrence data submitted to to south. basin. The number of individual plants the CNDDB, but such data does not rule Since we published our 90-day in these populations varies from a few out the existence of additional occupied finding on the petition to list the species to more than 40 (CNDDB 2004), and areas. C. deserticola is cryptic in nature, on February 10, 2004 (69 FR 6240), the additional data collected by BLM and and often requires several years of CNDDB received one new record of the Department of Defense (DOD) in surveying to identify occupied and occurrence of Cymopterus deserticola in 2003 and 2004 (Service files) regarding unoccupied habitat due to this species’ San Bernardino County. This brings the these populations are being submitted to short period of above-ground foliage and total number of known records in the the CNDDB. Dr. Michael Conner of the . Also, survey information CNDDB to 71 populations as of May Desert Tortoise Preserve Committee has for C. deserticola is more complete for 2004. We also received additional observed individuals of C. deserticola some areas than others, and large areas

VerDate jul<14>2003 15:20 Nov 08, 2004 Jkt 205001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.SGM 09NOP1 64886 Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Proposed Rules

within the plant’s range have not been (roughly 77 percent) are on land by area and number of individuals. One surveyed. With the exception of EAFB managed by EAFB, 9 are on BLM lands, population is located on 33 acres and and the recent April and May 2004 3 are on private lands, and 4 are located contained 12 individuals, a second surveys performed on Ft. Irwin’s on lands with unknown ownership. population located on 61 acres western expansion area in the Superior Additional occurrences not yet reported contained 60 individuals, a third Dry Lake basin, the range and to the CNDDB are located on land population located on 298 acres distribution of C. deserticola has been managed by the BLM and private land contained 366 individuals, and a fourth poorly documented, especially for non- owners. population located on 371 acres DOD lands. In addition, survey results One of the threats to known contained 484 individuals (Ft. Irwin are not always comparable because of Cymopterus deserticola habitat 2004). Although military training the variation in how individual plants mentioned by the petitioners is from the exercises are likely to adversely affect and populations (group of individuals of cleanup of the Propulsion Directorate three of the four populations, Ft. Irwin the same species living and interacting Plume of groundwater contamination in has installed a permanent fence around in the same geographic area) are tallied the Rogers Dry Lake basin area on EAFB the 298 acres containing the 366-plant across the landscape. Moreover, surveys (EAFB 1998). The petitioners claim that population, thereby protecting this only count the individuals visible above the associated effects from extracting population from all military operations ground; consequently, survey numbers contaminated groundwater would be as well as from OHV use and grazing may represent only a subset of the total surface disturbance and a massive (M. Quillman, pers. comm. 2004). number of individuals within a change in hydrology, and that these Permanent fencing has been effectively population. Because there are no survey effects may imperil the persistence of used by Ft. Irwin to protect the data for many areas, the range and this large population. However, EAFB is threatened plant, Astragalus jaegerianus distribution of C. deserticola are not not conducting, and is not planning to (Lane Mountain milk-vetch) from well established and may be more conduct, groundwater extraction (EAFB military operations (M. Quillman, pers. extensive than indicated by currently in litt. 2004). The only activity that may comm. 2004). Fencing for Cymopterus available information. For example, affect C. deserticola is groundwater deserticola and A. jaegerianus is many new populations of C. deserticola monitoring, which includes installation maintained by Ft. Irwin on a monthly were found during recent focused of wells and access to wells via foot basis, and Ft. Irwin strictly enforces area surveys in Superior Dry Lake basin. traffic to sample groundwater at the well closures. Electronic monitoring devices From discussions with biologists from sites. According to EAFB, from 1999 to warn tracked vehicles on approach of DOD (M. Quillman, pers. comm. 2004), 2003, cleanup activities associated with closed areas, and breaches are rare (M. BLM (G. Harris, pers. comm. 2004), and this plume, which underlies this large Quillman, pers. comm. 2004). the Desert Tortoise Preserve Committee population, have disturbed less than Although focused surveys for (M. Conner, pers. comm. 2004), C. 0.01 ac (0.004 ha) of the 86 ac (35 ha) Cymopterus deserticola have not been deserticola is thought to be more associated with this known population. conducted on CLNWC, which is located abundant and have a wider distribution Therefore, the number of individual adjacent and to the north and west of Ft. than currently documented. plants affected by this action is expected Irwin, plants are known to occur there Nevertheless, based on the currently to be minimal due to the extremely (M. Quillman, pers. comm. 2004). known numerous extant populations small area of disturbance at this site. Ground-based military training and the status of these populations, Other military activities within the operations do not occur on CLNWC, and discussed below, we have determined boundaries of EAFB include occasional threats to the plants on CLNWC are that listing is not warranted at this time. foot traffic to conduct wildlife and plant minimal. Focused surveys have also not inventories. These activities should been conducted on BLM lands adjacent Discussion of Listing Factors have little or no impact on Cymopterus to Ft. Irwin in the Superior Dry Lake Section 4 of the Act (16 U.S.C. 1533) deserticola. Activities in the eastern basin. However, based on the presence and implementing regulations at 50 CFR portion of the base are generally limited of suitable habitat for C. deserticola on part 424 set forth procedures for adding to foot traffic and routine range BLM land, it is highly likely that plants species to the Federal endangered and operations that have a minimal impact also occur there. As mentioned above, threatened species list. A species may on C. deserticola, and ground training Ft. Irwin has conducted focused surveys be determined to be an endangered or using troops and vehicles in this area is of the base. To locate new populations threatened species due to one or more rare, typically limited to existing roads and further delineate the range of the of the five factors described in section and cleared areas (EAFB, in litt. 2004). plant in the Superior Dry Lake basin, Ft. 4(a)(1). These factors and their No other activities are currently being Irwin will expand their surveys for C. application to Cymopterus deserticola conducted on EAFB that would affect deserticola to include areas outside of are as follows: the habitat of C. deserticola (Shannon Ft. Irwin’s boundaries next year A. The Present or Threatened Collis, pers. comm. 2004). contingent upon adequate rains. Destruction, Modification, or At the time the petitioners submitted CLNWC will also conduct surveys for C. Curtailment of its Habitat or Range. their petition, only a single population deserticola next year, contingent upon According to the petition, Cymopterus of approximately 40 individual plants adequate rains (Steve Penix, CLNWC, deserticola is potentially vulnerable to was known from the Superior Dry Lake pers. comm. 2004). Therefore, because habitat alteration and destruction due to basin. The petitioners claimed that this of the large number of plants (366) and military activities on EAFB, the population would be threatened with their habitat (298 acres) that Ft. Irwin is expansion of Ft. Irwin, utility extirpation from large-scale tank protecting and the presence of plants on construction, OHV use, oil and gas maneuvers that would result from the CLNWC where threats are minimal, we development, and Land Tenure expansion of Ft. Irwin. Although this believe that C. deserticola is not likely Adjustment (LTA) (a process whereby may have been the eventual outcome for to be in danger of extirpation in this public and private lands are exchanged the single known population, three area within the foreseeable future. and consolidated). Of the 71 C. additional populations have been found The petitioners claim that utility deserticola population occurrences in this basin since the petition was construction has impacted Cymopterus reported in the CNDDB (2004), 55 submitted. These four populations vary deserticola and its habitat in the

VerDate jul<14>2003 15:20 Nov 08, 2004 Jkt 205001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.SGM 09NOP1 Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Proposed Rules 64887

southern portion of Harper Dry Lake applicable’’ (BLM 1980). Open use areas grazing has been documented as a threat basin and the northern portion of Rogers are the preferred destination for OHV on EAFB in the Rogers Dry Lake basin Dry Lake basin. According to the enthusiasts, and receive much more area (EAFB, in litt. 2004), and as noted petitioners, the known locations of C. activity than limited or moderate use by the petitioners, grazing continues to deserticola within this utility corridor areas. This does not mean, however, occur in several areas within the range are the result of surveys performed for that OHV activity is nonexistent in of C. deserticola. a linear energy project. Less than 1 limited or moderate use areas, but rather Even though livestock grazing on percent of known C. deserticola the threat of OHV activity in these areas EAFB is prohibited, a research study individuals are located within is minimal due to the majority of OHV site for Cymopterus deserticola on EAFB designated utility corridors, and no new activity taking place in open areas. was directly affected when the utility corridors are proposed in the Because OHV activity is either not aboveground portion of all plants were West Mojave Plan (WMP) (BLM 2003). permitted, or only permitted to the eaten by trespass sheep in 1994. By Utility corridors are used for both limited passage of vehicles across the 2001, EAFB installed a fence along the electrical transmission lines and oil and area and allowed only on designated boundary of the base preventing access gas pipelines. Although past utility existing roads, and that the areas by livestock and eliminating the threat construction has likely resulted in the described above do not receive the level of grazing on C. deserticola in the loss of some habitat and individual of OHV activity as open areas, we do not Rogers Dry Lake basin area of EAFB plants, we do not consider utility consider OHV use as a major threat to (EAFB, in litt. 2004). construction to be a major current threat C. deserticola populations within the Cymopterus deserticola occurs within to this species because very few plants Harper, Rogers, and Cuddeback Dry the 26,314-ac (10,649-ha) Harper Lake are known to occur within existing Lake basin areas. cattle grazing allotment, which is within corridors. Presently, and in the foreseeable the Harper Dry Lake basin and is Heavy recreational OHV activity has future, the existence of Cymopterus managed by BLM. In the past, trespass been cited as seriously impacting deserticola does not appear to be grazing (cattle and sheep) from this potential Cymopterus deserticola habitat threatened by oil and gas development. allotment has been chronic on adjacent and may have been at least partly We are not aware of any oil and gas lands where a population of C. responsible for the extirpation of the development projects within the area deserticola is located (BLM 1998). BLM population in Apple Valley (Moe 1988). occupied by C. deserticola, nor is BLM has installed a fence to reduce the The petitioners claim that OHV activity aware of any such projects (Larry Lapre, possibility of trespass grazing on the has impacted C. deserticola habitat in BLM, pers. comm. 2004). adjacent land and to confine the grazing the Superior Valley, and BLM has The petitioners expressed concern to the allotment itself where, for the assessed the habitat at the single regarding one population located north time being, grazing still occurs (Charles previously known Superior Valley of EAFB in the Peerless Valley that is Sullivan, BLM, pers. comm. 2004). population as being in ‘‘poor condition’’ available for LTA. They state that this Therefore, currently, grazing by due to adverse effects from OHV action would potentially remove livestock on C. deserticola and potential recreation. However, with the expansion another site from public domain. impacts (e.g., trampling, soil of Ft. Irwin, recreational OHV activity is However, according to the Record of compaction) to the habitat have been now precluded from much of the area, Decision for the Western Mojave Land minimized in the Harper Dry Lake and Ft. Irwin has now permanently Tenure Adjustment Project, ‘‘Should a basin, and we believe that C. deserticola fenced a large, 366-plant Superior Dry listed or sensitive species, other than is not likely to be in danger of Lake population, thereby protecting it those previously covered by extirpation in this area within the from OHV activity. consultation and conference, be found foreseeable future. In addition to the We have been unable to find any on a parcel proposed for disposal during fencing installed by BLM, as mitigation documentation indicating OHV activity site specific analysis, consultation will for the Ft. Irwin expansion area, the as a threat to Cymopterus deserticola be initiated with Federal and State fish Army has purchased lands within the and its habitat within the Harper, and wildlife agencies to determine if Harper Lake cattle grazing allotment Rogers, and Cuddeback Dry Lake basins. mitigation should be applied prior to or (Anthony Chavez, BLM, pers. comm. According to the WMP (BLM 2003), the after disposal or if the disposal should 2004). As a condition for this purchase, Harper Dry Lake basin area is used for not occur’’ (BLM 1991). Since the owner has relinquished all grazing environmental education, nature study, Cymopterus deserticola is considered by privileges to the allotment. Therefore, and wildlife viewing, and OHV use is BLM to be a sensitive species, either the cattle grazing will no longer occur in restricted to the open routes of travel. loss of this site would not occur or this allotment, and the potential threat Within the Rogers Dry Lake basin would be mitigated. to C. deserticola from grazing will be located on EAFB, OHV activity is not B. Overutilization for Commercial, eliminated from this large area. allowed. Within the Cuddeback Dry Recreational, Scientific, or Educational Cymopterus deserticola occurs within Lake basin area, where there may be as Purposes. The listing petition the 49,000-ac (19,830-ha) Pilot Knob many as a few thousand plants (G. acknowledges, and we agree, that cattle grazing allotment, which is Harris, pers. comm. 2004), OHV activity current data do not indicate that this located within the Cuddeback Dry Lake is designated by the BLM as a ‘‘limited’’ factor constitutes a threat to Cymopterus basin. To benefit the desert tortoise, the use area; in limited use areas, deserticola. Desert Tortoise Preserve Committee ‘‘motorized-vehicle access is allowed C. Disease or Predation. The listing (Preserve Committee) and the Wildlands only on certain existing routes of travel, petition acknowledges, and we agree, Conservancy purchased 1,360 ac (550 which include roads, ways, trails, and that current data do not indicate that ha) of desert tortoise critical habitat washes’’ (BLM 1980). In designated disease constitutes a threat to within the allotment and thereby gained ‘‘open’’ use areas, ‘‘vehicle travel is Cymopterus deserticola. The listing control of all grazing privileges, water permitted anywhere in the area if the petition also acknowledges that there is rights, structures, and range vehicle is operated responsibly in currently nothing in the scientific improvements for the entire allotment accordance with regulations and subject literature about the effects of livestock (Desert Tortoise Preserve Committee to permission of private land owners if grazing on this species. However, 1996). The Preserve Committee does not

VerDate jul<14>2003 15:20 Nov 08, 2004 Jkt 205001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.SGM 09NOP1 64888 Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Proposed Rules

allow any livestock grazing to occur the Fremont-Kramer and Superior- measures to other populations outside within the Pilot Knob allotment. Cronese Desert Wildlife Management of EAFB. Although the elimination of grazing in Areas (DWMAs)). If the plant is located, E. Other Natural or Manmade Factors this 49,000-ac area is to protect the prescriptions call for avoiding all Affecting Its Continued Existence. The desert tortoise, the potential threat of individuals to the maximum extent petitioners claim that the extremely grazing to C. deserticola has also been practicable and reporting the loss of any limited distribution and relatively small eliminated. plants. In Kern County, the draft WMP numbers of individuals of Cymopterus Grazing has occurred within the proposes the following measures: deserticola make populations Superior Dry Lake basin in the past. establishing the North Edwards vulnerable to stochastic extinction. However, with the expansion of Ft. Conservation Area (NECA) to protect C. Although it is possible that a few Irwin, grazing is now precluded from deserticola populations that extend off populations with very small numbers of much of the area, and Ft. Irwin has now of EAFB, requiring botanical surveys, individuals could be lost, we believe permanently fenced a large, 366-plant limiting new ground disturbance to 1 that the species is not at risk of Superior Dry Lake population, thereby percent of a DWMA, applying a 5:1 extinction from stochastic events. The protecting it from grazing. mitigation ratio within the Conservation number of populations and individuals At the Rogers Dry Lake basin, high Area, and adjusting the boundary of the is now known to be greater than levels of ‘‘leaf predation’’ on NECA over time to reflect survey reported in the petition, and the species Cymopterus deserticola were observed results. BLM intends to issue a final is distributed over a relatively broad in two studies on EAFB in areas not WMP within the next few months, and area (approximately 50 mi (80 km) from grazed by livestock (Mitchell et al. 1995; to begin implementing these east to west and 35 mi (56 km) from Charleton 1993). Such grazing was conservation measures shortly north to south). Because most of the likely due to a variety of native animals thereafter. one-hundred plus populations are such as black-tailed jackrabbits (Lepus The petitioners state that the lack of secure, or have very minimal threats, we californicus), brush rabbits (Family management or conservation strategies believe that listing is not needed at this Leporidae), ground squirrels (Family by EAFB and the ongoing projects on time. Also, we are not aware of any Sciuridae), kangaroo rats (Family EAFB that adversely affect this species other factors that may be considered a Heteromyidae), mice (Families leave the future survival of Cymopterus threat to C. deserticola at this time. Cricetidae), desert tortoise, caterpillars deserticola populations in most of the Petition Finding (Order Lepidoptera), and beetles (Order Rogers Dry Lake basin uncertain. They Coleoptera) (Bagley 1998). Although the also state that, since the core We have carefully assessed the best effects of grazing on C. deserticola by populations of this species are located scientific and commercial information native wildlife are unknown, this type on EAFB, without assured conservation available regarding the past, present, of grazing is a natural component of the measures in place, the long-term and future threats faced by this species. Mojave Desert ecosystem, and we do not survival of C. deserticola remains in We reviewed the petition, information believe that native wildlife is a threat to question. available in our files, other published C. deserticola. As discussed above under Factor A, and unpublished information, and D. The Inadequacy of Existing threats to Cymopterus deserticola on comments submitted to us during the Regulatory Mechanisms. We have not EAFB are minimal. In April 2004, EAFB public comment period following our used the WMP in our finding regarding revised the October 2001 Integrated 90-day petition finding, and we Cymopterus deserticola because it is Natural Resources Management Plan consulted with recognized botanists and presently still in draft form, and is (INRMP) to include C. deserticola, experts from other resource agencies. therefore, not an existing regulatory thereby providing further assurance that On the basis of the best scientific and mechanism. However, the petitioners the threats will remain minimal. The commercial information available, we expressed concern about the draft WMP, 2004 INRMP contains conservation find that the proposal to list Cymopterus which will function as a multiple measures (e.g., develop and implement deserticola as threatened or endangered species habitat management plan for the an education awareness program, throughout all or a significant portion of desert tortoise and other listed and project review, project alternatives its range is not warranted at this time. sensitive species within the planning designed to minimize impacts, A summary of threats to the 105 total area. They claim that Cymopterus construction monitoring, habitat known populations of C. deserticola is deserticola has been dropped from the modeling) to manage for C. deserticola provided in Table 1; we have evaluated planning process because the species and funding for research (e.g., the threat level using a scale of none, cannot have a viable conservation population status, additional habitat minimal, low, moderate, and high. strategy without military participation modeling, reproductive biology, growth Some of the threats described by the (BLM 2002). However, according to the experiments) on this species. In petitioners have now been minimized or draft Environmental Impact Report and addition, one of the objectives of EAFB reduced (e.g., grazing) in some areas. Statement (EIR/EIS) for the WMP (BLM is to use existing inventory, monitoring, Some potential threats described by the 2003), C. deserticola has not been and research data to develop a petitioners are not expected to occur dropped from the plan. The EIR/EIS management and long term monitoring (e.g., change in hydrology on EAFB as states that C. deserticola that occurs in plan. Thus, the 2004 INRMP for EAFB a result of groundwater extraction or oil the northern Rogers, Cuddeback, and has a management strategy for the and gas development). Although some Harper Dry Lake basin areas is a species conservation of C. deserticola. C. deserticola habitat will be lost to targeted for conservation measures. Based on the overall status of military training in the Ft. Irwin Conservation of this species is Cymopterus deserticola and the expansion area, Ft. Irwin has protected addressed on the portion of its known inclusion of C. deserticola in the INRMP a large population in this basin, which range that is outside of EAFB. The draft for EAFB where the vast majority of the in fact contains a larger number of WMP (BLM 2003) requires botanical plants occur, the existing regulatory individuals (366 rather than 40 surveys for projects proposed within mechanisms are adequate. In the future, individuals) within the expansion area suitable habitat for C. deserticola (the the inclusion of C. deserticola in the than was mentioned in the petition. North Edwards Conservation Area, and WMP will provide further protective Overall, we believe the remaining

VerDate jul<14>2003 15:20 Nov 08, 2004 Jkt 205001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.SGM 09NOP1 Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Proposed Rules 64889

threats to the species are minimal to Pilot Knob grazing allotment and the conservation measures for C. deserticola low. Public agencies and organizations Harper Lake grazing allotment). Of in the most recent revision to its have also implemented actions that particular importance, EAFB, where the INRMP. Overall, threats to C. deserticola have eliminated or reduced the threats vast majority of populations on EAFB are minimal (Table 1). to various populations of C. deserticola (approximately 87 percent) are known (e.g., elimination of grazing from the to occur, has included and implemented

TABLE 1.—GENERAL SUMMARY OF THE STATUS OF THE 105 TOTAL KNOWN POPULATIONS OF DESERT CYMOPTERUS (Cymopterus deserticola)

Number of Basin General land ownership known Identified threats Status of threats Threat level populations

Rogers Dry Lake ...... Edwards Air Force Base 91 Cleanup ...... Not occurring...... None. (EAFB). Military activities ...... Limited activities ...... Minimal. Grazing ...... Fencing installed on Minimal. EAFB. Utilities ...... No new corridors ...... Minimal. Inadequacy of manage- INRMP modified ...... Minimal. ment. Cuddeback Dry Lake ...... BLM ...... 4 Grazing ...... None in 49,000 acre None to Minimal. Pilot Knob allotment. Off Highway Vehicle Limited use ...... Minimal to low. (OHV) use. Energy ...... Not expected ...... None. Harper Dry Lake ...... BLM/private ...... 6 Grazing ...... Eliminated as mitigation None to Minimal. for Ft. Irwin expansion. OHV use ...... Moderate use ...... Low. Energy ...... Not expected ...... None. Utilities ...... No new corridors ...... Minimal. Superior Dry Lake ...... Ft. Irwin ...... 4 Military activities ...... Protection of large popu- 1 None to high. lation. 1 Ft. Irwin has eliminated the threats to one large, 366-plant population. Threats from military training to the other three populations are mod- erate to high.

We will continue to monitor the DEPARTMENT OF THE INTERIOR monitor and encourage the conservation status of this species and will accept of the species. additional information and comments Fish and Wildlife Service DATES: The finding announced in this from all concerned governmental document was made on November 2, agencies, the scientific community, 50 CFR Part 17 2004. You may submit new information industry, or any other interested party Endangered and Threatened Wildlife concerning this species for our concerning this finding. This consideration at any time. information will help us monitor and and Plants; 90-Day Finding on a ADDRESSES: The complete file for this encourage beneficial measures for this Petition To List the White-Tailed Prairie finding is available for inspection species. Dog as Threatened or Endangered during normal business hours at the References Cited AGENCY: Fish and Wildlife Service, Utah Ecological Services Field Office, Interior. U.S. Fish and Wildlife Service, 2369 A complete list of all references cited West Orton Circle, Suite 50, West Valley ACTION: Notice of 90-day petition herein is available on request from the City, Utah 84119. Submit new finding. Ventura Fish and Wildlife Office (see information, materials, comments or ADDRESSES section). questions concerning this taxon to the SUMMARY: We, the U.S. Fish and Service at the above address. Author Wildlife Service (USFWS), announce a FOR FURTHER INFORMATION CONTACT: The primary author of this document 90-day finding on a petition to list the is Robert McMorran, Ventura Fish and white-tailed prairie dog (Cynomys Henry Maddux, Field Supervisor, at the Wildlife Office, U.S. Fish and Wildlife leucurus) as threatened or endangered address given in the ADDRESSES section or telephone 801–975–3330 or facsimile Service (see ADDRESSES section). under the Endangered Species Act of 1973, as amended. We find the petition 801–975–3331. Authority and other information available do not SUPPLEMENTARY INFORMATION: provide substantial scientific or The authority for this action is the Background Endangered Species Act of 1973, as commercial information indicating that amended (16 U.S.C. 1531 et seq.). listing this species may be warranted. Section 4(b)(3)(A) of the Endangered Therefore, we will not be initiating a Species Act (ESA) of 1973, as amended Dated: October 29, 2004. further status review in response to this (16 U.S.C. 1531 et seq.), requires that we Marshall P. Jones Jr., petition. We ask the public to submit to make a finding on whether a petition to Director, Fish and Wildlife Service. us any new information that becomes list, delist, or reclassify a species [FR Doc. 04–24700 Filed 11–8–04; 8:45 am] available concerning the status of the presents substantial scientific or BILLING CODE 4310–55–P species or threats to it. This will help us commercial information indicating that

VerDate jul<14>2003 15:20 Nov 08, 2004 Jkt 205001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.SGM 09NOP1