Federal Register / Vol. 63, No. 197 / Tuesday, October 13, 1998 / Rules and Regulations 54975

DEPARTMENT OF THE INTERIOR (spreading ) occur in clay soils juniper woodlands ( or in vernal wetlands that have a clay Department of Fish and Game (CDFG) Fish and Wildlife Service hardpan or silty alkaline substrate. 1989, Orlando Mistretta, Rancho Santa These habitats are restricted or unique, Ana Botanic Garden, in litt. 1993). A. 50 CFR Part 17 often associated with a specific soil type munzii is known from 13 extant RIN 1018±AL88 or hydrologic regime, or both. The populations. Only one of these composite range of these four populations is partially on Federal land Endangered and Threatened Wildlife encompasses the interior lowlands and (Roberts 1993a, California Natural and Plants; Determination of foothills of Los Angeles, San Diversity Data Base (CNDDB) 1997, Jeff Endangered or Threatened Status for Bernardino, Orange, and Riverside Newman, U.S. Fish and Wildlife Four Southwestern California Plants counties south into coastal San Diego Service, pers. comm. 1996). Five from Vernal Wetlands and Clay Soils , California, and the populations occur in the Gavilan Hills, northwestern State of Baja California, including one at Harford Springs AGENCY: Fish and Wildlife Service, Mexico. Although some of these plants County Park, and one on lands managed Interior. are relatively wide-ranging, all are by the Riverside County Habitat ACTION: Final rule. localized in distribution within their Conservation Agency (RCHCA). One respective ranges because of the population occurs in the Temescal SUMMARY: The Fish and Wildlife Service restricted and patchy nature of the Valley on private land; another (Service) determines endangered status habitats in which they are found. population may still be extant but is pursuant to the Endangered Species Act munzii (Munz’s onion), a likely extirpated. One population occurs of 1973, as amended (Act), for two member of the lily family (Liliaceae), north of Walker Canyon on private land. plants—Allium munzii (Munz’s onion) was first referred to as Allium Five small populations occur in or near and coronata var. notatior (San fimbriatum var. munzii by Marion the Paloma Valley, including near the Jacinto Valley crownscale), and Ownbey (Munz and Keck 1959). The Scott Road, Skunk Hollow, Domenigoni determines threatened status for two varietal epithet was attributed to Hills, and Bachelor Mountain areas. plants— filifolia (thread-leaved Ownbey and H. Aase. This name was These populations are on land managed brodiaea) and Navarretia fossalis not validly published because it lacked by the Reserve Management Committees (spreading navarretia). These four plants a proper description and citation, which (Domenigoni Hills and Bachelor occur in vernal pools and other were provided by Traub (1972), who Mountain) for the Riverside County wetlands or on clay soils and moist published the name as Allium multispecies plans, or on private land. grasslands throughout their respective fimbriatum var. munzii Ownbey ex One population is in the Elsinore ranges in southwestern California and Traub, based on a specimen collected by Mountains, partly on Federal land in the northwestern Baja California, Mexico. Philip Munz south of Glen Ivy, Cleveland National Forest and partly on These are variously threatened by Riverside County, California, in 1922. private lands (Boyd and Mistretta 1991). one or more of the following: habitat McNeal (1992) elevated this taxon to The Service estimates that there are destruction and fragmentation from species status (Allium munzii (Traub) D. about 20,000 to 70,000 individuals of A. agricultural and urban development, McNeal). munzii (Roberts 1993a, CNDDB 1997, pipeline construction, alteration of Allium munzii is a perennial herb, 15 U.S. Fish and Wildlife Service wetland hydrology by draining or to 35 centimeters (cm) (0.5 to 1.2 feet unpublished data). In response to excessive flooding, channelization, off- (ft)) tall, originating from a with a rainfall and other factors, perennial road vehicle activity, cattle and sheep papery, reddish-brown outer coat and may not produce aerial leaves or grazing, weed abatement, fire light brown inner coat. The single leaf flowers in a given year or may produce suppression practices (including discing is teretes (cylindrical in shape) and up only leaves. As a result, fluctuations in (plowing)), and competition from alien to 1.5 times as long as the stalk of the numbers of observed individuals can be plant species. This rule implements the (scape). The inflorescence misleading. Five populations are large Federal protection and recovery (flower cluster) is umbellate, consisting (over 2,000 individuals) and cover as provisions afforded by the Act for these of 10 to 35 flowers. The flowers have six much as 8 hectares (ha) (20 acres (ac)). four plants. perianth segments (undifferentiated Most populations contain fewer than DATES: This rule is effective on petals and sepals) that are white, or 1,000 individuals and their areas range November 12, 1998. white with a red midvein, becoming red from several meters to less than 1 ha with age. They are 6 to 8 millimeters (2.5 ac). ADDRESSES: The complete file for this (mm) (0.2 to 0.3 inches (in)) long. The Atriplex coronata var. notatior (San rule is available for inspection, by ovary is crested with fine, irregularly Jacinto Valley crownscale), a member of appointment, during normal business dentate (pointed) processes and the fruit the goosefoot family (Chenopodiaceae), hours at the U.S. Fish and Wildlife is a three-lobed capsule (Munz 1974, was described by Epson (1914), based Service, Carlsbad Field Office, 2730 McNeal 1993). on a specimen he collected in 1901 from Loker Avenue West, Carlsbad, Allium munzii can be distinguished the dried bed of San Jacinto Lake (= California, 92008. from other members of the genus within ), Riverside County, FOR FURTHER INFORMATION CONTACT: Gary its range by its solitary cylindric leaves, California. Hall and Clements (1923) Wallace (see ADDRESSES above), elliptic to ovate perianth segments, considered this taxon a minor variant telephone (760) 431–9440. generally white flowers, and finely and and submerged it in A. coronata. SUPPLEMENTARY INFORMATION: irregularly dentate ovary crests. Atriplex coronata var. notatior has Allium munzii is restricted to mesic subsequently been recognized by Munz Background clay soils in western Riverside County, (1935, 1974) and Taylor and Wilken Allium munzii (Munz’s onion), California. This species is frequently (1993). (thread-leaved found in association with southern Atriplex coronata var. notatior is an brodiaea), Atriplex coronata var. needlegrass grassland, mixed grassland, erect, gray-scurfy annual, 1 to 3 notatior ( and grassy openings in coastal sage decimeters (dm) (4 to 12 in) tall. The crownscale), and Navarretia fossalis scrub or, occasionally, in cismontane grayish leaves are sessile, alternate, 8 to 54976 Federal Register / Vol. 63, No. 197 / Tuesday, October 13, 1998 / Rules and Regulations

20 mm (0.3 to 0.8 in) long and elliptic flooding, and temperature. Disturbance taxon (Niehaus 1971, Munz 1974, to ovate-triangular in outline. This taxon (discing, dryland farming, pipeline Beauchamp 1986, Keator 1993). is monoecious (male and female flowers construction, out of season inundation) Brodiaea orcuttii (Greene) Baker was on the same plant). The female flowers has become an increasingly important included as a variety of B. filifolia by are obscure and develop spherical bracts factor in limiting the number of Epson (1922) but subsequent authors in the fruiting phase. These bracts have individuals in a population. have recognized this taxon as a distinct dense tubercles (nodule) that are Between 1990 and 1994, an estimated species (Niehaus 1971, Munz and Keck roughly equal in number to the marginal 78,000 Atriplex coronata var. notatior 1973, Munz 1974, Keator 1993). teeth (Munz 1974, Taylor and Wilken individuals were located (Metropolitan Brodiaea filifolia is a perennial herb 1993). Water District (MWD) 1992, Ogden with dark-brown, fibrous-coated corms. Atriplex coronata var. notatior can be 1993, D. Bramlet, in litt. 1993, CNDDB The flower stalks (scapes) are 2 to 4 dm distinguished from the more northern A. 1997, Roberts 1993b). These plants (8 to 16 in) tall with several narrow coronata var. coronata by its erect occupied about 145 ha (400 ac) of about leaves that are shorter than the scape. stature, the spheric shape of the bracts 3,300 ha (8,200 ac) of potentially The flowers bloom from May to June together in fruiting stage, and the more suitable habitat (alkali scrub, alkali and are arranged in a loose . The numerous tubercles and marginal teeth playa, and annual alkali grassland six perianth segments are violet, on the bracts. The distributions of the vegetation associations). The majority of spreading, and 9 to 12 mm (0.4 to 0.5 two varieties do not overlap. Atriplex the individuals (about 75 percent) were in) long. The broad and notched anthers coronata var. coronata is found in the associated with three population centers are 3 to 5 mm (0.1 to 0.2 in) long. The Sacramento, San Joaquin, and (Mystic Lake, the Nuevo- fruit is a capsule (Munz 1974, Keator neighboring valleys, while A.c. var. Expressway segment of the San Jacinto 1993). notatior is restricted to Riverside River, and west Hemet) (Roberts 1993b). Brodiaea filifolia can be distinguished County. A.c. var. notatior occurs with Since 1993, the population has from the other species of Brodiaea that eight other native and one introduced apparently declined significantly as a occur within its range (B. orcuttii, B. species of Atriplex within its range (D. result of major flooding in the winter of jolonensis, and B. terrestris ssp. Bramlet 1993b, Bramlet in litt. 1995, 1992–1993 and the subsequent kernensis) by its narrow, pointed U.S. Fish and Wildlife Service, unpubl. conversion or alteration of potential staminodia, rotate perianth lobes (i.e., a data). It can be distinguished from these habitat (Roberts and McMillan 1997). saucer-shaped flower), and a thin taxa by a combination of characteristics, Several new populations have since perianth tube, which is split by including annual habit, the shape of the been discovered near historic developing fruit (Niehaus 1971, Munz leaf, and the size and form of the bract populations (e.g., 5,200 individuals on 1974). (Munz 1974, Taylor and Wilken 1993). the San Jacinto River and fewer than Brodiaea filifolia is known to Atriplex coronata var. notatior is 200 individuals near Elsinore, hybridize with B. orcuttii, B. terrestris, restricted to highly alkaline, silty-clay California). However, new discoveries and possibly B. jolonensis, where these soils in association with the Traver- have not appreciably balanced the species coexist (Sandy Morey, CDFG, in Domino-Willows soil association (see reduction of populations due to litt. 1995, Boyd, et. al. 1992, CNDDB Soil Conservation Service and Bureau of activities and events described above. 1997). Significant hybridization is Indian Affairs 1971 for soil About 45 ha (115 ac) of nearly 2,200 ha evident on the Santa Rosa Plateau descriptions). Most populations are (5,500 ac) of available potentially between B. filifolia and B. orcuttii, or B. associated with the Willows soil series. suitable habitat are currently occupied filifolia and B. terrestris (S. Morey, in It occurs in alkali sink scrub, alkali by about 26,500 individuals of A. litt. 1995). At least one major population playa, vernal pools, and, to a lesser coronata var. notatior. About 12 ha (30 in the vicinity of Miller Mountain (San extent, in annual alkali grassland ac) of 1,000 ha (2,500 ac) of marginal Diego County) in the Cleveland National communities (Bramlet 1993a, Roberts habitat that has been substantially Forest appears to represent a hybrid 1993b). These areas are typically disturbed are currently occupied by swarm between B. orcuttii and B. flooded by winter rains. The duration about 500 individuals of this taxon filifolia (Boyd et al. 1992). The Miller and extent of flooding are extremely (Roberts and McMillan 1997). Atriplex Mountain population alone occupies variable from one year to the next. A. coronata var. notatior appears to have nearly 45 percent of reported occupied coronata var. notatior germinates after declined about 70 percent since 1992. habitat for B. filifolia. Hybridization the water has receded. It usually flowers The majority of the population centers among these Brodiaea species is a in April and May and sets fruit by May of A. coronata var. notatior are located natural phenomenon. However, these or June (D. Bramlet, in litt. 1992). on privately owned lands. Three plants relied on relatively species- Atriplex coronata var. notatior is populations are on State land (San specific native bee species for restricted to the San Jacinto, Perris, Jacinto Wildlife Area), one population is pollination in the past and the Menifee and Elsinore Valleys of western partially on County lands (RCHCA along introduction of non-native honeybees, Riverside County, California. This taxon the San Jacinto River), and one which tend to be species-generalist, may consists of 11 population centers that population is on a private preserve have increased the potential for are primarily associated with the San managed by MWD. This plant is not hybridization (Gary Bell, The Nature Jacinto River and Old Salt Creek known to occur on Federal lands. Conservancy (TNC), pers. comm. 1997, tributary drainages (Roberts 1993b, Brodiaea filifolia, a member of the lily S. Morey, in litt. 1995). Roberts and McMillan 1997, CNDDB family (Liliaceae), was described by This species typically occurs on 1997). One additional isolated and small Watson (1882) based on a specimen gentle hillsides, valleys, and floodplains population has recently been discovered collected by S. B and W. F. Parish in in mesic, southern needlegrass in Willows soils near Lake Elsinore 1880 at Arrowhead Hot Springs, San grassland and alkali grassland plant (Roberts and McMillan 1997). Bernardino County, California (Niehaus communities in association with clay, The number of individuals of Atriplex 1971). Greene (1887) transferred B. loamy sand, or alkaline silty-clay soils coronata var. notatior in a population filifolia to the genus Hookera. However, (CDFG 1981, Bramlet 1993a). Sites complex varies in any given year in monographic and floristic treatments occupied by this species are frequently response to rainfall, extent of winter accept B. filifolia as the name for this intermixed with, or near, vernal pool Federal Register / Vol. 63, No. 197 / Tuesday, October 13, 1998 / Rules and Regulations 54977 complexes, such as near San Marcos Area in Riverside County, managed by In San Diego County, California, the (San Diego County), the Santa Rosa the CDFG. majority of the B. filifolia populations Plateau, and southwest of Hemet in Brodiaea filifolia, in its entire range, are concentrated within the cities of San Riverside County. occupies about 330 ha (825 ac) of Marcos, Vista, and Carlsbad and are The historical range of B. filifolia suitable habitat (mesic needlegrass highly correlated with the distribution extends from the foothills of the San grassland, mixed native-non-native of clay soils and soils with clay subsoils. Gabriel Mountains at Glendora (Los grassland with clay soils, or alkali Data available from the Soil Angeles County), east to Arrowhead Hot annual grassland with alkaline silty clay Conservation Service and Forest Service Springs in the western foothills of the soils). The total number of individuals (1973) and other sources (U.S. Fish and (San of this species and the extent of Wildlife Service, unpubl. data) indicate Bernardino County), and south through occupied habitat vary on an annual that there are about 3,300 ha (8,280 ac) eastern Orange and western Riverside basis in response to the timing and of clay soils and over 1,570 ha (3,940 ac) Counties to Carlsbad in northwestern amount of rainfall, as well as of soils with clay subsoils in these three San Diego County, California (S. Morey, temperature patterns. Fewer than 2,000 cities. By 1994, nearly 65 percent of the in litt. 1995, CNDDB 1997). individuals have been observed at most clay soils and about 75 percent of the Forty-six populations of B. filifolia populations. Most of these populations soils with clay subsoils had been have been reported. At least nine of occupy less than 5 ha (13 ac) (CNDDB developed or urbanized in these three these populations have been extirpated, 1997, U.S. Fish and Wildlife Service, cities and were no longer available for primarily in San Diego County, unpubl. data). The largest extant B. filifolia or its associated habitat (U.S. California. Thirty-seven populations are population in Riverside County, Santa Fish and Wildlife Service, unpubl. presumed extant. Nearly half of these Rosa Plateau, has been estimated to data). In the City of Carlsbad, most B. remaining populations are clustered in contain over 30,000 observed filifolia populations occur in association the growing cities of Vista, San Marcos, individuals and occupies about 15 ha with a specific soil series: the Altamont and Carlsbad (nine populations) and in (38 ac) of habitat (MWD 1991, CNDDB Clay soil series. There are about 1,085 the vicinity of the Santa Rosa Plateau in 1997). In San Diego County, the largest ha (2,715 ac) of this soil in Carlsbad. By southwestern Riverside County, confirmed population is on an isolated 1994, about 82 percent had been California (six populations). The 16 ha (40 ac) parcel in San Marcos, cultivated or overlain by urban remaining 22 populations are scattered California. This population may support development and was no longer within the counties of Orange, Los as many as 342,000 individual plants (S. available as habitat for conservation or Angeles, Riverside, San Bernardino, and Morey, in litt. 1995). The number of recovery of this species (U.S. Fish and San Diego. observed individuals often does not Wildlife Service, unpubl. data). The population of B. filifolia reported correlate with the number of corms Based on the historic and current to have the largest number of present at a site. For example, at one distribution of soils within the Vista, individuals is on private land in the residential development site, Taylor and San Marcos, and Carlsbad area, it is City of San Marcos (S. Morey, in litt. Burkhart (1992) reported 20 individuals likely that substantial unreported 1995). The populations with the largest of B. filifolia, but more than 8,000 corms populations of B. filifolia were extent of potentially suitable habitat are were found during the effort to extirpated in this area. Of the 16 on the Santa Rosa Plateau, where only transplant B. filifolia to another site. about 15 ha (38 ac) of the plateau is Brodiaea filifolia and its suitable historically-known populations within reported as occupied by B. filifolia, but habitat have been significantly reduced these cities, at least 5 have been about 120 ha (300 ac) is potentially by urbanization, agricultural extirpated. Collectively, these sites were suitable habitat (MWD 1991, CNDDB conversion, and discing for fire and known to support as many as 128,000 1997). These lands are primarily weed control. In Riverside County, individuals over at least 9 ha (23 ac) of managed by TNC. California, most of the annual alkaline occupied habitat (CNDDB 1997, Roberts The only populations of Brodiaea grassland near the San Jacinto River and and Vanderwier 1997). One additional filifolia known to occur on Federal land southwest of Hemet has been urbanized major population was significantly are on Marine Corps Base, Camp or converted to dryland farming or more reduced from about 8 ha (20 ac) to 1.6 Pendleton in San Diego County (CNNDB intensive cultivation (see discussion ha (4 ac) around 1990 (WESTEC 1988, 1997, U. S. Marine Corps 1997), where under A. coronata var. notatior above). Taylor and Burkhart 1992, CNDDB three populations were recently Additionally, Brodiaea filifolia is 1997). discovered in an abandoned weapons vulnerable to deep discing or repeated Navarretia fossalis (spreading impact area. Six populations were discing. Thus, areas that were disced navarretia), a member of the phlox recently discovered in Orange County. and have partially recovered after being family (), was described Most of the recently discovered left fallow for a period of time tend to by Reid Moran in 1977 based on a populations of Brodiaea filifolia in support reduced and gradually specimen he collected in 1969 near La Orange County are relatively small. The declining populations of B. filifolia, if Misio´n in northwestern Baja California, largest population (Forster Ranch) any have survived. For example, at least Mexico (Moran 1977). Navarretia supports about 60 percent of the B. two B. filifolia populations have been fossalis is a low, mostly spreading or filifolia individuals and about 80 reported in the San Jacinto River flood ascending, annual herb, 10 to 15 cm (4 percent of the occupied habitat in plain in the vicinity of the I–215 to 6 in) tall. The lower portions of the Orange County. Only two of the Orange highway crossing. Since 1992, 80 stems are mostly glabrous. The leaves County populations (Casper’s Regional percent of the potentially suitable are soft and finely divided, 1 to 5 cm Park and Aliso-Woods Canyon Regional habitat in this area has been disced for (0.4 to 2 in) long, and spine-tipped Park), with fewer than 1,000 individuals dryland farming (Roberts and McMillan when dry. The flowers are white to combined, are on lands managed by the 1997, U.S. Fish and Wildlife Service, lavender white with linear petals and County government (Michael Brandman unpubl. data). The most significant are arranged in flat-topped, compact, Associates 1996, CNDDB 1997). threat to this species is urbanization, leafy heads. The fruit is an ovoid, 2- Brodiaea filifolia has also been found on conversion to farming, and discing for chambered capsule (Moran 1977, Day the San Jacinto Wildlife Management fire and weed control. 1993). 54978 Federal Register / Vol. 63, No. 197 / Tuesday, October 13, 1998 / Rules and Regulations

Several other species of Navarretia Camp Pendleton, and the plant occurs at had on file substantial information on occur within the range of N. fossalis. three locations on Naval Air Station biological vulnerability and threats to Two of them, N. intertexta and N. Miramar (J.S. Walker, Naval Base San support preparation of listing proposals. prostrata, can occur in similar habitat. Diego, in litt. 1997). On November 28, 1983, the Service N. fossalis is distinguished from them In Mexico, N. fossalis is known from published in the Federal Register a by its linear or narrowly ovate corolla fewer than 10 populations clustered in supplement to the Notice of Review (48 lobes, erect habit, cymose three areas: along the international FR 53640). The plant notice of review , size and shape of the border, on the plateaus south of the Rio was again revised on September 27, calyx, and the position of the corolla Guadalupe, and on the San Quintin 1985 (50 FR 39526). B. filifolia and N. relative to the calyx. All Navarretia coastal plain (Moran 1977). fossalis were included in the 1983 and 1985 supplements as category 2 species can be distinguished by the Previous Federal Action appearance of the pollen grain surface candidates. Category 2 included taxa for (Day 1993, Steve Spencer, Rancho Santa Federal government actions on these which information in the possession of Ana Botanical Garden, in litt. 1993) four plants began as a result of section the Service indicated that a listing The primary habitat of N. fossalis is 12 of the Act, as amended (16 U.S.C. proposal was possibly appropriate, but vernal pools. This species occasionally 1531 et seq.) which directed the for which sufficient data on biological occurs in ditches and other artificial Secretary of the Smithsonian Institution vulnerability and threat were not depressions, which often occur in to prepare a report on those plants available to support a proposed rule. degraded vernal pool habitat (Moran considered to be endangered, Allium munzii (then known as Allium 1977). In western Riverside County, N. threatened, or extinct in the United fimbriatum var. munzii) was included fossalis has been found in relatively States. This report, designated as House in the 1985 notice of review as a undisturbed and moderately disturbed Document No. 94–51, and was category 2 taxon. On February 21, 1990, vernal pools within a larger vernal presented to Congress on January 9, a revised notice of review was wetland plain dominated by annual 1975, and included B. filifolia as published in the Federal Register (55 alkali grassland (Bramlet 1993a). endangered. The Service published a FR 6184) that included A. fimbriatum Navarretia fossalis is distributed from notice in the July 1, 1975, Federal var. munzii and B. filifolia as category northwestern Los Angeles County and Register (40 FR 27823), of its acceptance 1 candidate taxa, and A. coronata var. western Riverside County, south of the report as a petition within the notatior as a category 2 candidate taxon; through coastal San Diego County, context of section 4(c)(2) (petition the status of N. fossalis remained California to San Quintin in provisions are now found in section unchanged from the 1985 notice of northwestern Baja California, Mexico. 4(b)(3)(A) of the Act) and its intention review. All four plant taxa were listed Fewer than 30 populations exist in the thereby to review the status of the plant as category 1 candidate species in the . Nearly 60 percent of taxa named therein, including B. September 30, 1993, notice of review these populations are concentrated in filifolia. The Service published a (58 FR 51144). three locations: Otay Mesa in southern proposal in the June 16, 1976, Federal Section 4(b)(3)(B) of the Act requires San Diego County, along the San Jacinto Register (41 FR 24523) to determine the Secretary to make certain findings River in western Riverside County, and approximately 1,700 on pending petitions within 12 months near Hemet in Riverside County (Bauder species to be endangered species of their receipt. Section 2(b)(1) of the 1986, Bramlet 1993a, CNDDB 1997). pursuant to section 4 of the Act. The list 1982 amendments further requires that Others are scattered in southern of 1,700 plant taxa was assembled on all petitions pending on October 13, Riverside County, Los Angeles County, the basis of comments and data received 1982, be treated as having been newly and coastal San Diego County. by the Smithsonian Institution and the submitted on that date. That was the The number of individuals of N. Service in response to House Document case for Brodiaea filifolia because the fossalis varies annually in response to No. 94–51 and the July 1, 1975, Federal 1975 Smithsonian report had been the timing and amount of rainfall and Register publication. Brodiaea filifolia accepted as a petition. On October 13, temperature. In Riverside County, one was included as endangered in the June 1983, the Service found that the population contains 300,000 16, 1976, Federal Register notice. petitioned listing of these species was individuals. Another population General comments received in warranted, but precluded by other contains 75,000 individuals. However, relation to the 1976 proposal were pending listing actions, in accordance each of these populations occupies less summarized in an April 26, 1978, with section 4(b)(3)(B)(iii) of the Act; than 3 ha (8 ac) of habitat. The majority Federal Register publication (43 FR notification of this finding was of populations contain fewer than 1,000 17909). The Endangered Species Act published on January 20, 1984 (49 FR individuals and occupy less than 0.5 ha amendments of 1978 required that all 2485). Such a finding requires the (1 ac) of habitat (D. Bramlet, in litt. proposals more than 2 years old be petition to be recycled, pursuant to 1992, CNDDB 1997). The Service withdrawn. A one-year grace period was section 4(b)(3)(C)(I) of the Act. The estimates that less than 120 ha (300 ac) given to those proposals already more finding was reviewed in October of 1984 of habitat in the United States is than two years old. In the December 10, through 1993. occupied by this species. The most 1979, Federal Register (44 FR 70796), On December 15, 1994 (59 FR 64812), pressing threat to Navarretia fossalis is the Service published a notice of the Service published a proposed rule to the ongoing degradation of vernal pools withdrawal of the June 16, 1976, list Allium munzii and Atriplex and their outright destruction due to proposal, along with four other coronata var. notatior as endangered, widespread urbanization, agricultural proposals that had expired. and Brodiaea filifolia and Navarretia practices, off-road vehicles, and the The Service published an updated fossalis as threatened. This proposed longer-term threats from flood control notice of review of plants in the Federal rule constituted the warranted petition and development. Register on December 15, 1980 (45 FR finding for Brodiaea filifolia. The majority of N. fossalis 82480). This notice included Brodiaea Based upon information received populations are on privately owned filifolia and Navarretia fossalis as during public comment periods lands. At least one population occurs on category 1 candidates. Category 1 subsequent to the publication of the the federally owned Marine Corps Base, species were those for which the Service proposed rule, the Service now Federal Register / Vol. 63, No. 197 / Tuesday, October 13, 1998 / Rules and Regulations 54979 determines Allium munzii and Atriplex commenters neither supported nor Riverside County, California. The coronata var. notatior to be endangered opposed the proposed listing. Forty-four commenter suggested that these species species, and Brodiaea filifolia and commenters opposed the proposed were represented by low numbers and Navarretia fossalis to be threatened listing. During the public hearing, 21 isolated populations as a direct result of species. commenters spoke, most of whom also the drought and that the taxa would The processing of this final rule sent written comments. Information likely not be rare in wetter years. follows the Service’s fiscal years 1998 from a number of these comments has Service Response: The Service agrees and 1999 Listing Priority Guidance been incorporated into the final rule. that wetland plants generally are both published in the Federal Register on Seventeen issues were raised in these more widely distributed and more May 8, 1998 (63 FR 25502). The comments. The Service’s response to numerous in wet years than in dry guidance establishes the order in which each is as follows: years. However, wetlands plants are at the Service will process rulemakings. Issue 1: Concerns about and their greatest risk of extinction or The guidance calls for giving highest identification. Several commenters endangerment during dry years. priority to handling emergency questioned the taxonomic status of Navarretia fossalis and A. coronata var. situations (Tier 1) and second highest Atriplex coronata var. notatior. One notatior populations have declined priority (Tier 2) to resolving the listing commenter supported listing A. significantly since the proposed rule status of outstanding proposed listings, coronata var. notatior but doubted that was published, irrespective of climatic processing new listing proposals, it was taxonomically distinct from A. c. conditions. Both species have been processing administrative petition var. coronata of central California. The affected by increased farming activity findings, processing a limited number of commenter noted that A. c. var. and other threats that have resulted in delisting and reclassification actions. coronata appeared at least as continuing habitat disturbance and Processing critical habitat uncommon as A. c. var. notatior, and degradation. determinations is included in Tier 3 of suggested that the entire species should Issue 3: Several commenters stated the guidance. This final rule is a Tier 2 be listed. Other commenters stated that that the Service closed the public action and is being completed in A. coronata var. notatior is a discrete comment period before additional accordance with the current listing entity. At least one commenter objected surveys could be performed and that priority guidance. to the Service proposing to list a taxon these surveys were necessary for a final of lower rank than a full species. listing determination. Another Summary of Comments and Another commenter questioned the commenter noted that letters originating Recommendations validity of the identification of reports from the Service in 1991 indicated that In the December 15, 1994, proposed of Navarretia in Riverside County, A. coronata var. notatior was a category rule (59 FR 64812) and associated California, and suggested that N. fossalis 2 candidate for listing as threatened or notifications, all interested parties were may be more common than currently endangered, thus indicating that there requested to submit factual reports or believed. was not enough data to determine if information that might contribute to the Service Response: The Service is listing was warranted. Then, 3 years development of a final rule. The first required to make listing determinations later, the Service proposed to list A. comment period closed on February 13, based on the best available scientific coronata var. notatior. Other 1995. Appropriate State agencies, and commercial data according to commenters suggested that the Service county governments, Federal agencies, Section 4 (b)(1)(A) of the Act, as should postpone listing of this species and other interested parties were amended. Section 3(16) defines the term until citizen concerns were addressed. contacted and requested to comment. ‘‘species’’ to include any species or Service Response: The Service utilizes Public notices announcing the subspecies of fish or wildlife or plants. the best available scientific information publication of the proposed rule were In plant nomenclature, a taxon in determining whether a species published in the Press Enterprise in recognized as a variety can alternatively qualifies for Federal protection. Riverside County on January 5, 1995; be recognized as a subspecies, so Although the Service acknowledges that the Orange County Register on January varieties qualify for listing. Atriplex private landowners have legitimate 11, 1995; and San Diego Union Tribune coronata var. notatior has been economic and land use concerns, the in San Diego County on January 13, recognized as a distinct taxon from A. Service reviews only the biological data 1995. Numerous requests for a public coronata var. coronata in floristic in determining whether a species hearing were received. On March 7, treatments since 1935 (Munz 1935, qualifies for Federal protection (See also 1995, a notice was published in the 1971, 1974) as well as in the most recent Issues 2 and 13). Although additional Federal Register announcing that a statewide systematic treatment of the surveys could be useful, they are public hearing would be held on March genus (Taylor and Wilken 1993). While unnecessary to make a final 23, 1995, at the City of Riverside, in the status of A. c. var. coronata is also determination because the majority of Riverside County, California (60 FR declining, this taxon is not the subject the suitable habitat for these species 12531). Copies of this notice were sent of this rule. remains threatened. The Service has to parties that requested a public All available collections of Navarretia continued to monitor habitat for these hearing. This notice also announced the similar to N. fossalis in Riverside taxa since the proposed rule was reopening of the public comment period County have been reviewed by an expert published. Analyses of the relevant data until May 20, 1995. Notices were on the genus. Navarretia fossalis is the reveal that three of the four species have published in the Orange County Register primary wetlands dependent species in declined considerably since the (March 7, 1995), San Diego Union Riverside County. No new populations proposed rule was published in 1994. Tribune (March 7, 1995), and Perris of N. fossalis from Riverside County Although additional localities of B. Progress (March 8, 1995), announcing have been reported recently (S. Spencer, filifolia have been reported in Orange the public hearing and extension of the in litt. 1993, S. Spencer, pers. comm. County and in San Diego County, few of public comment period. 1997). these populations are protected and The Service received a total of 65 Issue 2: One commenter noted that in several are threatened by urbanization. written comments. Ten commenters the years before the proposed listing, an Atriplex coronata var. notatior supported the listing of these taxa. Five extreme drought had taken place within appeared in the 1990 Plant notice of 54980 Federal Register / Vol. 63, No. 197 / Tuesday, October 13, 1998 / Rules and Regulations review (55 FR 6184) as a category 2 County. Similar soils occur from Solano Skinner and Pavlik 1994). Several candidate. Category 2 candidates were to Santa Clara Counties in central researchers (e.g., Boyd, Bramlet, and taxa that the Service considered California, and the Service did not Sanders) have conducted directed potentially at risk of extinction but did indicate that surveys for this taxon were surveys in Riverside County for these not have data to support a listing conducted in this area. By contrast, plants over several to many years. In the proposal. Information newly acquired another commenter noted that the process, these researchers have verified by the Service between 1992 and 1993 presence of similar soils outside the the plants’ habitat-specificity and have indicated that the species qualified for known range of A. coronata var. notatior documented fluctuations in abundance. Federal protection. In the September 30, does not necessarily indicate that the Although the Service acknowledges that 1993 plant notice of review (58 FR plant occurs there; such areas are likely additional populations of these plant 51144), the Service elevated the status to be occupied by a different variety, A. taxa may be identified, it is unlikely, of this taxon to category 1, indicating coronata var. coronata, which is also given the fairly specific habitat that the Service possessed enough data declining in central California habitat requirements of these taxa, that in its files to support a listing proposal. that has been largely converted to significant populations remain Issue 4: One commenter indicated cultivation. undiscovered. If so, it is likely that they that the Service failed to consider Service Response: The Service has would be subject to the same threats populations of A. coronata var. notatior used the best available scientific that currently place known populations at Mystic Lake and the extensive information upon which to make its at risk. The Service acknowledges that suitable habitat in the area. findings. Although several of the similar soils that could potentially be Service Response: The known commenters mentioned that the suitable habitat for these species occur populations of A. coronata var. notatior distribution and abundance of in central California. However, there is in the vicinity of Mystic Lake were populations of these four species may be no evidence that two of these species considered in this determination. The greater than indicated in the proposed (Navarretia fossalis and Brodiaea Mystic Lake bed and surrounding rule, only two provided data to support filifolia) have ever been documented in shoreline areas potentially support over their assertion. The Service central California and in the case of 400 ha (1,000 ac) of suitable habitat for acknowledges that the San Jacinto River Atriplex coronata, these soils are A. coronata var. notatior. In fact, the Improvement Project Biological occupied by a related but distinct taxon largest known population was reported Assessment (Tierra Madre Consultants (A. c. var. coronata). in this area in 1992. However, prior to 1991) was not cited in the proposed Issue 6: Several commenters stated 1992, a significant portion of the lake rule. The Service incorporated the that the Service did not adequately bottom was under cultivation. In 1993, results of this report into this final consider the conservation benefits that major flooding filled the lake and this determination. The Service notes that will result from regional Natural population and several others were this report, in discussing A. coronata Communities Conservation Planning inundated. The lake did not recede var. notatior states: ‘‘[i]mpacts to the (NCCP). enough to expose the former population San Jacinto saltbush on lands to be until 1996. Few plants have been reclaimed and subsequently developed Service Response: Two of the reported where 20,000 were once as residential, commercial, and proposed taxa, Brodiaea filifolia and reported. Most of the Mystic Lake area industrial areas, are direct. Populations Navarretia fossalis, are covered species is not within the San Jacinto Wildlife of this species that have been reported under the Multiple Species Area and has no formal protection. It in this document to occur on natural Conservation Plan (MSCP) in San Diego has been proposed that reclaimed water lands in the 100-year floodplain will County. However, significant be piped into Mystic Lake. The addition suffer local extirpations if valley populations of both species are found of water outside the normal rainy season saltbush scrub habitat is destroyed. outside of the MSCP boundary. Large will undoubtedly slow recovery of Proposed project developments in the populations of both taxa also occur in suitable habitat for Atriplex coronata 100-year floodplain that impact these the Multiple Habitat Conservation Plan var. notatior in this area. remaining parcels of natural habitat (MHCP) area of northern San Diego Issue 5: Several commenters should be reviewed by the Riverside County. This plan is still in the data questioned the reliability of the data the County and the City of Perris planning analysis stage, and species coverage for Service used in preparation of the departments on a case-by-case basis and these two taxa has yet to be determined. proposed rule. Several commenters substantial portions of these areas Populations of Brodiaea filifolia and noted that the Service did not should be designated as ‘open space’ Navarretia fossalis are also found, along incorporate existing reports that (not parks), or be included as part of the with Atriplex coronata var. notatior and contained important data necessary to Habitat Conservation Plan for Riverside Allium munzii, in western Riverside the decision making process. Several County.’’ County, where a multiple species commenters specifically noted that the Information from several of the other planning program is being initiated but San Jacinto River Improvement Project documents, when appropriate, also has conservation levels have not yet been Biological Assessment (Tierra Madre been incorporated into this determined. Consultants 1991) was not cited in the determination. However, the Service Populations of Brodiaea filifolia also proposed rule. Another commenter notes that several other documents cited occur in Orange, Los Angeles, and San indicated that the results from a number by commenters, such as a floral survey Bernardino Counties. In these counties, of other reports, such as a floral survey of March Air Force Base (James 1992), planning efforts for areas with these of March Air Force Base (James 1992), indicated only that subject species were plants are either not yet complete or imply that these species are more known from a given general area, and lacking (See discussion under Factor D). widespread than the Service has not necessarily found within the study Significant populations of Navarretia indicated. site. fossalis occur in areas such as western Another commenter noted that the The general distribution of the four Los Angeles County and western soils which species like Atriplex plants addressed herein is well Riverside County where protection is coronata var. notatior appear to rely documented (Munz and Keck 1973, still limited to existing land-use and upon are not restricted to Riverside Munz 1974, Taylor and Wilken 1993, regulatory mechanisms that have not Federal Register / Vol. 63, No. 197 / Tuesday, October 13, 1998 / Rules and Regulations 54981 proven adequate in the past to conserve The Service is obligated to allow 60 mitigation recommendations or the species effectively. days for the public to respond to a requirements for various projects that Issue 7: Several commenters indicated proposed rule. The Service extended the could impact the species addressed that Brodiaea filifolia should be listed as comment period for an additional 60 herein. endangered and not threatened. days to allow for additional public Service Response: The commenter Service Response: Brodiaea filifolia response. apparently is referring to the disparity has one of the widest distributions of Issue 9: One commenter stated that between the mitigation accepted for the four plants, being found in Los the intention of the signed pipeline projects versus that accepted Angeles, Orange, western Riverside, Memorandum of Understanding for the for flood control projects. Pipeline southwestern San Bernardino, and San San Jacinto River Corridor Plan (MOU) projects involve temporary impacts and Diego Counties. The population with was to ‘‘avoid the need to list the have fewer indirect effects than the largest area of potentially suitable saltbush’’ and to cooperate in the channelization projects, which habitat is protected in TNC’s Santa Rosa development of a plan to protect the permanently alter the habitat and Plateau Preserve. Other populations are saltbush. Thus, although a plan was prevent natural habitat recovery within protected at the CDFG’s San Jacinto developed in accordance with the the natural flood plan. Wildlife Area. Several new populations criteria delineated in the MOU, ‘‘the Issue 12: Four commenters stated that have also recently been discovered in Service has failed to approve this plan personal letters and informal Orange County and San Diego County. in blatant disregard of its commitments correspondence should not be As such, B. filifolia does not meet the established in the MOU.’’ considered a legitimate source of definition of an endangered species Service Response: The intent of the information. They felt that the Service under the Act and listing as threatened MOU was to reduce the threats to the had not accounted for bias on the part is appropriate. San Jacinto Valley crownscale of these parties. Issue 8: Two respondents stated that (saltbush), Atriplex coronata var. Service Response: The Act requires the Service’s notification to the public notatior, by developing a conservation the Service to use the best available on this proposal was inadequate. One of plan that accommodates channelization scientific information as the sole basis these commenters stated specifically of the San Jacinto River while protecting for its listing decision. This information that the Service failed to give notice of saltbush habitat along the river. The may take the form of published papers, the proposal to the County of Riverside, MOU does not cover the entire range of peer review by acknowledged experts Riverside County Flood Control, and the saltbush; approximately two-thirds on a given subject, scientific reports, that the Service failed to publish notice of the range of the species is outside of letters, and personal communications. of the proposed rule in a newspaper of the MOU area. Therefore, the proposal general circulation within Riverside to list the saltbush does not violate the The Service considers professional County. Two commenters stated that a terms of the MOU. The MOU is still in judgment and expert opinion by single public hearing was inadequate to effect, and the Service stands by its knowledgeable biologists in making obtain full public input on the proposal. signatory responsibilities. However, to decisions. All such information is These same commenters requested that date, the Service has not received a plan subject to peer review during the listing public hearings be held in more than that provides adequate protection and process. one location. Additionally, several conservation measures for the species. Issue 13: Two commenters stated the commenters also stated that the Service The Service pledges to continue proposed rule failed to consider the had not provided enough opportunity working with all interested parties to protections provided by State and local for the public to respond. develop a conservation plan for the statutes to the species listed herein. One Service Response: The Service is saltbush along the San Jacinto River that commenter stated that listing of these obligated to hold one public hearing on adequately and simultaneously meets species would not provide them with a listing proposal if requested to do so the conservation needs of the species additional protection. within 45 days of publication of the and the needs of the stakeholders. Service response: The Service proposal (16 U.S.C. 1533(b)(5)(E)). Issue 10: Several commenters have considered all the existing applicable Considering the limited geographic stated that the Service has not regulatory mechanisms that deal with distribution of the species, the Service appropriately taken into account the the species listed herein on private, determined that holding a single public planning and preservation efforts by State, and Federal lands throughout hearing was not an impediment or local jurisdictions. One commenter their range. These issues are discussed undue inconvenience to those wishing noted that ‘‘the City of Hemet has in the Summary of Factors section, to attend. In addition, the Service went undertaken a separate proactive Factor D. The Service has concluded through an extensive notification planning effort which the Service also that existing regulatory mechanisms do process to make the public aware of this failed to consider when preparing this not currently provide adequate proposal. This process, which is rule.’’ protection for these plants. The listing described in detail above, fully satisfied Service Response: The Service has of these species will protect them from the requirements of the Act. considered planning and preservation a variety of unauthorized activities As was indicated above, newspaper efforts by local jurisdictions in including removal or reduction to notices were published in the Orange preparation of this determination. For possession from areas under Federal County Register, San Diego Union example, although the City of Hemet jurisdiction or in violation of a State Tribune, and the Press Enterprise. All initiated a conservation plan for the law, including criminal trespass, and three papers are widely available in vernal pools and vernal wetlands along will allow review of projects with a western Riverside County. A large the western edge of the city in 1994, the Federal nexus to determine whether number of interested parties, including plan apparently has not yet resulted in such actions may affect the listed the County of Riverside Planning significant conservation of any of the species. Department and the Riverside County taxa in this final rule. Issue 14: Numerous commenters Flood Control District, were sent copies Issue 11: One commenter stated that stated that critical habitat would impose of the proposed rule on December 27, the proposed rule discloses an unnecessary economic burden on 1994. inconsistencies in the Service’s property owners or requested that the 54982 Federal Register / Vol. 63, No. 197 / Tuesday, October 13, 1998 / Rules and Regulations boundaries of proposed critical habitat affecting such decisions ‘‘* * *,’’ (H.R. sound data, assumptions, and analyses, be modified to exclude their properties. Rep. No. 97–835, 97th Cong. 2nd Sess. including input from appropriate Service Response: Because critical 19 (9182)). As further stated in the experts and specialists. One of the three habitat is not being designated in this legislative history, ‘‘* * * economic specialists sent a supportive letter rule, comments regarding critical habitat considerations have no relevance to during the public comment period. No have not been addressed. determinations regarding the status of additional comments were received Issue 15: One commenter stated that the species * * *’’ (Id. at 20). Because from the other specialists. existing regulatory mechanisms are the Service is specifically precluded adequate but regulatory agencies have from considering economic impacts, Summary of Factors Affecting the failed to enforce these regulations. either positive or negative, in making Species Service Response: The adequacy of listing decisions, the Service does not Section 4 of the Act and regulations existing regulatory mechanisms is evaluate or consider the economic discussed under ‘‘D.’’ The Service impacts of listing species. (50 CFR part 424) promulgated to acknowledges that not all regulatory implement the listing provisions of the mechanisms are strictly enforced. Peer Review Act, set forth the procedures for adding Issue 16: Eight commenters expressed In accordance with interagency policy species to the Federal lists. A species concern about adverse economic effects published in the Federal Register on may be determined to be an endangered of the listing. July 1, 1994 (59 FR 34270), the Service or threatened species due to one or more Service Response: Under section solicited the expert opinions of three of the five factors described in section 4(b)(1)(A) of the Act, a listing independent specialists regarding 4(a)(1). These factors and their determination must be based solely on pertinent scientific or commercial data application to Allium munzii (Traub) D. the best scientific and commercial data and assumptions relating to the McNeal (Munz’s onion), Atriplex available. The legislative history of this taxonomy, population models, and coronata S. Watson var. notatior Jeps. provision clearly states the intent of supportive biological and ecological (San Jacinto Valley crownscale), Congress to ‘‘ensure’’ that listing information for the taxa under Brodiaea filifolia S. Watson (thread- decisions are ‘‘* * * based solely on consideration for listing. The purpose of leaved brodiaea), and Navarretia fossalis biological criteria and to prevent such review is to ensure listing Moran (spreading navarretia) are as nonbiological considerations from decisions are based on scientifically follows and summarized in Table 1.

TABLE 1.ÐSUMMARY OF THREATS

Agriculture/ Alteration of Trampling/ Alien 1 Mining Species urbanization ORV use hydrology grazing species

Allium munzii ...... X X X ...... X X Atriplex coronata var. notatior ...... X X ...... X X X Brodiaea filifolia ...... X ...... X X Navarretia fossalis ...... X X ...... X X X 1 ORV=off road vehicle.

A. The Present or Threatened perennial grasslands. The extent of urbanization, and clay mining (CDFG Destruction, Modification, or these plant communities has undergone 1989). Curtailment of Their Habitat or Range significant reduction due to urban and Allium munzii has recently been The natural plant communities of agricultural development (U.S. Fish and extirpated from at least two sites as a coastal Orange and San Diego counties, Wildlife Service 1993, Oberbauer and result of agricultural development, clay western Riverside and southwestern San Vanderwier 1991). Approximately 59 mining, and highway construction. Bernardino counties, California, and percent of the in Other populations of this species have northwestern Baja California, Mexico, Riverside County has been destroyed been impacted by reduction of available have undergone significant changes as a since 1945, and as much as 71 percent habitat and numbers of individuals. One result of both direct and indirect has been destroyed since 1930 (U.S. population of A. munzii was partially human-caused activities. The rapid Fish and Wildlife Service 1993). In San eliminated in 1982 by the realignment urbanization of this region (which Diego County, 95 percent of the native of the Interstate 15 freeway corridor in currently harbors over 17 million perennial grasslands and 72 percent of the Temescal Valley of Riverside County people) has already eliminated a the coastal sage scrub have been (Roberts 1993a). Another population significant portion of the habitat for destroyed (Oberbauer and Vanderwier was reduced when part of its habitat these four plants. The remaining 1991). Native perennial grasslands was inundated for a reservoir (CDFG patches of habitat are frequently isolated continue to be at risk and are threatened 1989). and have been, or are being, degraded by urbanization and agricultural Two of the remaining 13 populations and/or fragmented by agricultural conversion throughout the range of of Allium munzii are within the practices, streambed channelization and Allium munzii and Brodiaea filifolia. boundaries of proposed development other hydrological alterations, weed (Roberts 1993a, Royce Rigging and abatement, fire suppression practices, Little is known concerning the Associates, in litt. March 1998, Brenda and grazing. historical distribution of A. munzii. McMillan, U.S. Fish and Wildlife Allium munzii occurs in grassy owever, as much as 80 to 90 percent of Service, pers. comm. 1998). Combined openings in coastal sage scrub and the clay soils in western Riverside these projects contain over 470 ha mesic native perennial grasslands. The County that may have supported habitat (1,175 ac) of which a substantial area is majority of B. filifolia populations are for A. munzii have been adversely potential habitat for A. munzii. Discing known to occur in mesic native modified through extensive agriculture, for the weed abatement or dry land Federal Register / Vol. 63, No. 197 / Tuesday, October 13, 1998 / Rules and Regulations 54983 farming may destroy habitat and cause Most of the recently discovered result in a significant decline in the population declines of A. munzii. These populations of Brodiaea filifolia in species. activities, or off-road vehicle activity, Orange County, California are relatively Vernal pools have undergone an are affecting six of the thirteen known small and are not at immediate risk (2 extraordinary reduction in number and sites of A. munzii (CNDDB 1997, Steve are on protected land). However, the have nearly been eliminated in Los Boyd, Rancho Santa Ana Botanical largest population known in Orange Angeles, Orange, and San Diego Garden and D. Bramlet, pers. comm. County is within the proposed grading counties, and have been greatly reduced 1993). One site, for example, that has footprint of a 1,600-unit residential in Riverside County. In San Diego been persistently disced for dryland development (City of San Clemente County, over 97 percent of vernal pool farming since it was reported as 1997). This population occupies about 6 habitat occupied, in part, by Navarretia supporting 1,000 individuals in 1992, ha (15 ac) and supports about 60 percent fossalis, had been lost by 1990 (Bauder was found to contain fewer than 10 of the reported B. filifolia individuals 1986, Oberbauer and Vanderweir 1991). individuals in 1998 (B. McMillan, pers. and about 80 percent of the habitat Loss estimates for vernal pools and comm. 1998). Altogether 7 of the 13 occupied by this species in Orange vernal wetlands in Riverside County are populations (over 50 percent) County. As currently proposed, nearly less certain and are based on the status supporting about 20 percent of the the entire native population at this site of soil types that support these kinds of individuals are threatened by loss of would be impacted. habitat. The Service estimates that about habitat through development, discing, The largest reported population of B. 12,800 ha (32,000 ac) in the Perris, and off-road vehicle activity. filifolia occurs on 16 ha (40 ac) of western San Jacinto, and Menifee Over 25 percent of B. filifolia habitat located near downtown San Valleys were historically dominated by populations have been eliminated by Marcos in San Diego County, which is alkali scrub, alkali playa, alkali urbanization and agricultural zoned for industrial development (Kutz grassland, or vernal pool plant conversion (Roberts and Vanderwier 1997). Other populations in San Marcos, communities that contained significant 1997). Over the last 15 years, nearly 60 although not as extensive, are also populations of B. filifolia, A. coronata ha (150 ac) of occupied habitat threatened. For example, a 9 ha (20 ac) var. notatior, and N. fossalis. About 75 containing over 80,000 plants have been parcel near the largest site is proposed percent of the 12,800 ha (32,000 ac) has eliminated in the cities of San Marcos for recreational development (San Diego been impacted by a combination of and Vista (CNDDB 1997, Taylor and Union Tribune, January 29, 1998). intensive cultivation, urbanization, or Burkhart 1992, Wayne Armstrong, The only populations of Brodiaea watercourse channelization; being Palomar College, pers. comm. 1993, filifolia known to occur on Federal land filled; or otherwise being highly Roberts and Vanderwier 1997). are on Marine Corps Base, Camp disturbed and, therefore, unlikely to Urbanization continues to be the most Pendleton in San Diego County (CNNDB return to supporting these native plants. significant threat to this species. About 1997, U.S. Marine Corps 1997). Several A significant portion of the remaining 20 percent (about 8) of the remaining populations have recently been 3,300 ha (8,200 ac) of alkali and vernal populations of B. filifolia in San Diego discovered in an abandoned weapons pool habitat suitable for these plants has and Riverside counties are currently impact area. While no populations are been disturbed, predominantly by within proposed or approved currently reported as directly threatened dryland farming activities (Tierra Madre development projects. Another 10 by development on the base, a recently- Consultants 1992, Roberts 1993b, percent (4) of the populations are zoned proposed project may alter up to 54 ha Roberts and McMillan 1997). for urbanization or threatened by (134 ac) of highly suitable habitat that About 95 percent of the populations discing for fire suppression activities or is immediately adjacent to known of A. coronata var. notatior, about 15 dryland farming. Suitable habitat is at occupied habitat (U.S. Marine Corps percent of the populations of B. filifolia, even greater risk. For example, Brodiaea 1997). and about 50 percent of the populations filifolia is associated with clay soils and As discussed below (vernal wetlands of N. fossalis are associated with the San soils with clay subsoils. In 1994, about discussion), habitat that supports 5 of 6 Jacinto River and a tributary of Old Salt 1,595 ha (3,990 ac) of these soils (about populations of Brodiaea filifolia within Creek just west of the city of Hemet. 30 percent of the historical figure) the San Jacinto River flood plain and Much of this area has been subject to remained available in the cities of San Old Salt Creek near Hemet is threatened dry land farming or irrigated farming at Marcos, Vista, and Carlsbad. In 1996 by alteration of hydrology (duck ponds), some time during the last 100 years. and 1997, at least 120 ha (300 ac) of clay channelization, discing for dry land However, a 5-year drought contributed soils and soils with clay subsoils, in part farming and fire suppression practices, significantly to a reduction in occupied by B. filifolia, was graded in and urbanization (Roberts and agricultural activity, particularly along the City of Carlsbad alone. Two Vanderwier 1997). These populations the San Jacinto River. Conversely, in approved projects in the City of represent about one third of the some areas, the soils have routinely Carlsbad are likely to reduce these populations and over 40 percent of the been too wet and too alkaline for dry available appropriate soils by at least potential habitat for this species in land farming. Both factors have 400 ha (1,000 ac) (Soil Conservation Riverside County. contributed to the continued existence Service and Forest Service, et. al. 1973, At least 12 of the remaining 37 of these taxa in this area. City of Carlsbad and Fieldstone/La populations of Brodiaea filifolia within Major commercial and urban Costa Associates 1994, Sweetwater San Bernardino, Orange, Riverside, and development, transportation, and flood Environmental Biologists 1994). San Diego County are threatened by the control projects have been proposed in It is probable that the only known destruction of habitat that will result General and Specific Plans for both the population of B. filifolia reported for from urbanization, discing for dry land San Jacinto River Valley and the area San Bernardino County in nearly 70 farming or fire suppression. These west of Hemet. According to documents years will be removed by a major populations include a significant on file with the County of Riverside and pipeline project (Robert Thorne, Rancho portion of the occupied habitat and the the City of Perris in 1994, these Santa Ana Botanical Garden, pers. largest populations of Brodiaea filifolia proposals could result in over 19,000 comm. 1993, Edna Rey, U.S. Fish and within San Diego and Orange Counties. new residential units, as well as hotel Wildlife Service, pers. comm. 1993). The reduction of these populations will and commercial developments 54984 Federal Register / Vol. 63, No. 197 / Tuesday, October 13, 1998 / Rules and Regulations encompassing over 3,200 ha (8,000 ac) by A. coronata var. notatior. However, Biodiversity Project, and D. Belk, The (Riverside County Planning Department the distribution of N. fossalis is even Lady of the Lake University, in litt. 1991, Louis Massey, Department of more restricted in that it can only 1992, CNDDB 1997). Planning, City of Perris, pers. comm. persist in the wettest areas of the San Trash dumping has also degraded 1993, Mark Goldberg, City of Hemet, Jacinto River flood plain and the vernal vernal pools in San Diego County. pers. comm. 1993). Although not all of pools at Hemet. The loss of these Chunks of concrete, tires, refrigerators, these projects may move forward, populations will result in a significant furniture, and other pieces of garbage or potential habitat for A. coronata var. decline in the species. debris have been found in pools notatior, N. fossalis, and B. filifolia Navarretia fossalis also occurred containing N. fossalis. This trash could be reduced by over 1,400 ha historically in the vicinity of Murrieta crushes or shades vernal pool plants, (3,500 ac) (Roberts 1993b). And, Hot Springs in Riverside County during disrupts the hydrologic functions of the although the urbanization that could the 1920’s (Spencer, in litt. 1993). Much pool, and, in some cases, may release result from these major projects and of the Murrieta Hot Spring area has been toxic substances. Trash dumping others associated with the cities of San urbanized or converted to agriculture continues to threaten vernal pools that Jacinto and Hemet may not occur for up resulting in a significant reduction and support this species (S. Wynn, U.S. Fish to five years, these same areas are more fragmentation of potential N. fossalis and Wildlife Service, pers. comm. imminently threatened by a recent habitat (U.S. Fish and Wildlife Service, 1998). increase in pipeline construction, dry unpublished data). While there are no Vernal pools in Riverside and San land farming, and weed abatement additional confirmed populations of N. Diego counties and, to a lesser extent, activities. fossalis occurring in the Murrieta area, the alkali wetland habitats of Riverside Three pipeline projects have recently the continued and rapid urbanization of County, have also been degraded by off- destroyed vernal pool, alkali grassland, this area reduces the opportunities to road vehicles. These vehicles compact and alkali playa habitat and directly conserve potential habitat for species soils, crush plants when water is impacted 5 of 11 populations of A. recovery. present, cause turbidity, and leave deep coronata var. notatior, N. fossalis, and at The larger of two recently discovered ruts. This type of damage may alter the least one historical site for B. filifolia in occurrences of Navarretia fossalis in microhydrology of the pools by creating the San Jacinto River flood plain (Roger northwestern Los Angeles has drainage channels or by disrupting the Turner, Eastern Municipal Water apparently been partially graded, (Tim pool’s water-retaining hardpan. Dirt District, pers. comm. 1992, 1993, Tierra Thomas, U.S. Fish and Wildlife Service, roads that go through or adjacent to Madre Consultants 1992). At least one pers. comm. 1998), leading to the pools are widened as motorists try to additional pipeline project will further ongoing deposition of fill material into avoid mud puddles, resulting in reduce one population of A. coronata the vernal pool. destruction of pool margins inhabited var. notatior and N. fossalis (Roberts In San Diego County, N. fossalis by N. fossalis and B. filifolia. Pools are and McMillan 1997). occurs within vernal pool complexes incrementally destroyed, both as a result In 1993, more than 200 ha (500 ac) of (Bauder 1986, CNDDB 1997). These of destruction of vegetation and occupied or potential habitat for A. areas have been and continue to be alteration of hydrology. coronata var. notatior, B. filifolia, and impacted by urbanization and For Navarretia fossalis, whose 30 N. fossalis were disced for weed agricultural conversion (Bauder 1986, known populations in the United States abatement or fire suppression purposes Nancy Gilbert and Ellen Berryman, U.S. are concentrated in Otay Mesa in (Roberts 1993b). In June 1993, an Fish and Wildlife Service, pers. comm. southern San Diego County, along the additional 80 ha (200 ac) of habitat 1993). San Jacinto River in western Riverside containing A. coronata var. notatior and One of the largest concentrations of N. County, and near Hemet in Riverside N. fossalis were disced and seeded for fossalis occurs on Otay Mesa in San County, the ongoing degradation of dry land farming (Bill Sweeney, Diego County. At least 37 proposed vernal pools and their outright landowner, pers. comm. 1993). Precise Plans and Tentative Maps for destruction due to widespread Additional discing along the San Jacinto development have been filed pursuant urbanization in Otay Mesa is the most River has been reported since 1993. At to the California Environmental Quality pressing threat, followed by agricultural least 42 stands of A. coronata var. Act for this area. These plans practices and the longer-term threats notatior, including 4 of the largest, have encompass about 80 percent of the from flood control and development in been adversely modified since 1990. undeveloped portion of the mesa within the San Jacinto-Hemet areas of Riverside This has resulted in the decline in total the jurisdiction of the City of San Diego County. numbers of A. coronata var. notatior and all but four of the remaining vernal The vernal pool, alkali grassland, plants, throughout its range, of nearly 70 pool complexes. Several of these alkali playa, and alkali sink habitats percent since 1992 (Roberts and projects will impact N. fossalis. In upon which N. fossalis, A. coronata var. McMillan 1997). addition, at least one major notatior, and, to a lesser extent, B. While Atriplex coronata var. notatior transportation project has been filifolia depend are also vulnerable to has displayed some ability to persist proposed for Otay Mesa and could indirect destruction due to an alteration despite dryland farming in its habitat, potentially affect vernal pools occupied of the supporting watershed. An its severe decline since 1992, combined by N. fossalis (California Department of increase in water due to urban run-off with extensive plans for flood control Transportation 1993). leads to increased inundation, which and further urban development in its Navarretia fossalis and Brodiaea makes pools vulnerable to invasion by habitat show that this plant is in danger filifolia are found on Federal lands plants characteristic of perennial of extinction in much of its remaining managed by the Navy at Naval Air wetlands, which results in decreased habitat. The existing protected areas, as Station, Miramar and Marine Corps abundance of obligate vernal pool discussed below, do not appear to offer Base, Camp Pendleton. These lands are plants. At the other extreme, some pools adequate area or management to prevent used, in part, for military training and alkali wetlands have been drained endangerment. Nearly half of the known activities that involve off-road vehicle or blocked from their source of water populations of Navarretia fossalis occur maneuvers that adversely affect these and have shown an increased within the same habitat that is occupied species (D. Hogan, San Diego domination by upland plant species. Of Federal Register / Vol. 63, No. 197 / Tuesday, October 13, 1998 / Rules and Regulations 54985 the species covered by this rule, N. plants that cannot withstand grazing species; (6) land acquisition and fossalis is the most vulnerable to and trampling and by enabling more management by Federal, State, or local alterations in hydrology because it is the resistant (usually non-native) species to agencies, or by private groups and most dependent on vernal pools. The increase in abundance. Non-native organizations; (7) local laws and other species in the plan occur in plants often are introduced and flourish regulations; and (8) enforcement of microhabitats that are more variable in under a grazing regime and may reduce Mexican laws. wetness. or replace native species. Plants in State Laws and Regulations Agricultural and/or urban vernal pools or adjacent alkali development adjacent to vernal pools grasslands, playa, or scrub habitats may The California Fish and Game and alkali wetlands may cause adverse be trampled and killed or grazed prior Commission has listed B. filifolia as alterations in drainage and adverse to seed production. For example, sheep endangered and A. munzii (= A. hydrological alterations to vernal pools. are imported to graze along the San fimbriatum var. munzii) as threatened Drainage of wetlands for agricultural Jacinto River and at Old Salt Creek under the Native Plant Protection Act purposes may render land suitable for annually, and they frequently trample (NPPA) (Div. 2, chapter 10, section 1900 urban development. Wetland drainage is habitat occupied by Atriplex coronata et seq. of the California Fish and Game exemplified by recent activities near var. notatior, Navarretia fossalis, and Code) and CESA (chapter 1.5, section Hemet in Riverside County, California. Brodiaea filifolia (F. Roberts, pers. obs.). 2050 et seq.). A. coronata var. notatior In 1989, drainage structures were built At least two populations of Allium and N. fossalis are included on Lists 1B in alkali grassland and vernal pools munzii are within areas grazed by cattle of the California Native Plant Society’s west of Hemet in association with an (CNDDB 1997). Grazing also continues Inventory (Skinner and Pavlik 1994), Auto Mall (M. Goldberg, pers. comm. to impact vernal pool habitat in San which, in accordance with section 1901, 1993). These structures have Diego County, which, in part, is chapter 10 of the California Department significantly reduced standing water occupied by Navarretia fossalis, and on of Fish and Game Code, makes them and are responsible for the gradual Otay Mesa where some of the most eligible for State listing. Although both drying of wetland vegetation as important populations are found, or at statutes prohibit the ‘‘take’’ of State- evidenced by relic stands of Eleocharis Ramona (S. Wynn, pers. comm. 1998). listed plants (chapter 10 section 1908 palustris and other obligate wetland and chapter 1.5 section 2080), species (Wayne Ferren, University of B. Overutilization for Commercial, populations of three of the four species California, Santa Barbara, pers. comm. Recreational, Scientific, or Educational have continued to decline. For example, 1993). In another example, a vernal pool Purposes development proposals in Carlsbad (San supporting a large population of N. Overutilization is not currently Diego County) and in the Gavilan Hills fossalis in 1994 was identified along the known to be a factor for these four (Riverside County) that involve direct San Jacinto River. By 1997, the field had plants, but unrestricted collecting for impacts to A. munzii and B. filifolia been disced and there was no evidence scientific or horticultural purposes or have proceeded without notification to of the vernal pool nor N. fossalis. excessive visits by individuals the Department (Roberts 1993a, Jim Because Navarretia fossalis is an interested in seeing rare plants could Dice, CDFG, pers. comm. 1993). In obligate wetland species, drainage of the result from increased publicity as a another case, a landowner disced a wetlands it inhabits will destroy it. The result of this final rule. stand of N. fossalis growing with the generally small sizes of vernal pool State-listed Orcuttia californica for fire wetlands render them highly vulnerable C. Disease or Predation control without notifying the CDFG to deliberate drainage, as discussed Neither disease nor natural predation (Howard Windsor, Riverside County above, as well as to more or less are known to be a factor for the four Fire Department, pers. comm. 1993). unintentional alteration through plants. Cattle grazing occurs on Otay California Senate Bill 879, passed in changes in drainage that occur during Mesa in areas where several vernal pool 1997 and effective January 1, 1998, development, and from the physical complexes contain N. fossalis. Intensive requires individuals and entities to effects of off-road vehicles and trash sheep grazing occurs west of Hemet and obtain 2081(b) incidental take permits to dumping. The loss of over 97 percent of along the San Jacinto River in habitat take listed species; however, the draft of vernal pool habitat in San Diego County occupied by N. fossalis, A. coronata var. proposed regulations to implement occupied, in part, by Navarretia fossalis, notatior, and B. filifolia. It is not Senate Bill 879 would except the by 1990, shows the intensity of anticipated that any of the four species prohibition of take of listed plant economic and other pressures to are regular forage for grazing animals, species from major categories of develop clay-soil areas with vernal and thus effects from grazing are more activities, including take incidental to pools. To judge from recent likely to be from trampling rather than agricultural operations, approved timber development proposals, the remaining predation. harvest operations, mining assessment three percent of vernal pool habitat is work, public works projects, and likely to be lost. On the more extensive D. The Inadequacy of Existing removal or destruction of plants from alkali wetlands of Riverside County, the Regulatory Mechanisms building sites on private lands. The effects of agricultural activities, drainage Existing regulatory mechanisms that extent to which the amended State of wetlands, alteration of drainage (from could provide some protection for these Statute will afford protection to State- diking and rerouting of drainage) species include: (1) listing under the listed plant species is uncertain at this likewise mean that the wetlands California Endangered Species Act time. remaining available to this plant are (CESA); (2) the California The majority of the known much smaller and much more Environmental Quality Act (CEQA); (3) populations of the four plants vulnerable to the effects of surrounding implementation of conservation plans considered herein occur on privately development than they were earlier in pursuant to the California NCCP owned land. Local lead agencies the century. program; (4) conservation provisions empowered to uphold and enforce the Livestock grazing typically changes under the Federal Clean Water Act; (5) regulations of the California the composition of native plant the Act in cases where these species Environmental Quality Act (CEQA) have communities by reducing or eliminating occur in habitat occupied by a listed made determinations that have or will 54986 Federal Register / Vol. 63, No. 197 / Tuesday, October 13, 1998 / Rules and Regulations adversely affect A. munzii, A. coronata the preserve is surrounded by incidental take permit for 85 species, var. notatior, B. filifolia, and N. fossalis. residential development, has inadequate including Brodiaea filifolia and Required biological surveys are often buffers, and is poorly configured Navarretia fossalis. The Service and the inadequate, and project proponents may (WESTEC 1988). City of San Diego have jointly prepared ignore the results of surveys if a Recirculated Environmental Impact Regional Planning Efforts occurrences of sensitive species are Statement, ‘‘Issuance of Take viewed as a constraint on project design. In 1991, the State of California Authorizations for Threatened and Mitigation measures used to condition established the NCCP Program to Endangered Species due to urban project approvals are essentially address conservation needs of natural Growth within the Multiple Species experimental and fail to adequately ecosystems throughout the State. The Conservation Program (MSCP) Planning guarantee long-term protection of focus of the current planning program is Area.’’ This document, released on sustainable populations. In addition, the coastal sage scrub community in August 30, 1996, and finalized in relocation attempts often fail. Project , although other December 1996, assesses the effects of designs have also failed to provide an vegetation communities are being land-use decisions that will be made by adequate buffer zone around sensitive addressed in an ecosystem-level local jurisdictions to implement the plant populations to protect their long- approach. Brodiaea filifolia and plan and the effects of the issuance of term viability (WESTEC 1988, D. Navarretia fossalis are currently being the incidental take permit for the 85 Bramlet, in litt. 1992, D. Hogan and D. considered under the MSCP, MHCP, species. A permit was issued to the City Belk, in litt. 1992, and O. Mistretta, in Central/Coastal Subregional NCCP/ of San Diego in July 1997 and for the litt. 1993). Habitat Conservation Plan (Central/ County of San Diego in March 1998. A The CEQA requires that a project Coastal) or the Southern Subregional permit is expected for Chula Vista in proponent publicly disclose the NCCP/Habitat Conservation Plan of 1999. potential environmental impacts of Orange County, California. All of these The MSCP sets aside preserve areas proposed projects. The public agency habitat conservation plans are being and provides for monitoring and with the primary authority or conducted under the procedures of management for the 85 ‘‘covered jurisdiction over the project is section 10(a)(1)(B) of the Act, which species’’ addressed in the permit designated as the lead agency and is allows incidental take permits for application, including Brodiaea filifolia responsible for conducting review of the federally listed animals in return for and Navarretia fossalis. ‘‘Covered project and consulting with other effective conservation plans. species’’ are taxa that will be adequately agencies concerned with resources The Central/Coastal NCCP of Orange conserved by the plan’s proposed affected by the project. Required County was approved in July of 1996. preservation and management. Project biological surveys are sometimes Only one of the four plants (Brodiaea proponents in areas outside the MSCP inadequate and mitigation measures filifolia) occurs within the Central/ subregion will be required to coordinate used to condition project approvals are Coastal NCCP. It is not considered a with the Service on these taxa where sometimes experimental and do not covered species because of its recent applicable. always adequately guarantee protection discovery within the subregion. Covered About 20 percent of the known of sustainable populations of the species species are those species that have been populations of N. fossalis in the United considered in this rule. Section 15065 of adequately considered in terms of long- States are in the MSCP subregion. The the CEQA guidelines requires a finding term preservation within a Habitat majority of these populations will be of significance if a project has the Conservation Planning Area or NCCP conserved by the MSCP. In addition the potential to ‘‘reduce the number or subregion. Under an agreement with species is on the list of narrow restrict the range of a rare or endangered participants, CDFG, and the Service, endemics, which requires jurisdictions plant or animal.’’ CEQA decisions are future potential impacts for covered to specify and implement measures in also subject to overriding social and species are considered adequately their subarea plan to avoid or minimize economic considerations, which allows addressed through proposed impacts to all populations. However, the CEQA lead agency to approve a preservation, mitigation, and significant populations of N. fossalis project with significant adverse effects management. The single population of remain outside the MSCP subregion. on a listed plant species where the B. filifolia within the Central/Coastal Only a single recently reported agency concludes that overriding NCCP is situated on land preserved population of B. filifolia occurs within considerations justify approval of the under the regional park system of the the MSCP. project. County of Orange. The MHCP area in northwestern San Even though impacts to rare plant Five populations of B. filifolia are Diego County contains several taxa including N. fossalis, B. filifolia, within the Southern Subregion of the significant populations of N. fossalis and A. coronata var. notatior were Orange County NCCP. Preserve design and about half of the B. filifolia considered significant under CEQA in the Southern Subregion is still populations. The MHCP, which will when several pipeline projects and preliminary, and it is uncertain to what include the Carlsbad Habitat Specific Plans were proposed in degree it will conserve the four Management Plan (HMP) program, is Riverside County, California, only A. populations of this taxon. However, the still in the early developmental phase, coronata var. notatior was consistently largest of the four populations (Forster and thus it is uncertain to what degree considered in the environmental impact Ranch) is within a proposed residential it will be successful in providing analyses. These projects proposed either development site and is unlikely to protection for Brodiaea filifolia and no or inadequate mitigation for impacts benefit from any future preserve (City of Navarretia fossalis. to sensitive plant taxa (D. Bramlet, in San Clemente 1997). About 50 percent of the populations litt. 1992, Roberts 1993b). In another Since the publication of the proposed of Navarretia fossalis occur in western case, a major development in San rule, the MSCP, a regional planning Riverside County, along the San Jacinto Marcos (San Diego County) resulted in effort in southwestern San Diego River and southwest of Hemet. a 70 percent reduction in B. filifolia County, has been finalized and Riverside County is in the process of habitat. Although 5 ha (12 ac) were set submitted to the Service as part of an developing a multiple species plan. aside for preservation of this species, application for a section 10(a)(1)(B) However, the plan will not be finalized Federal Register / Vol. 63, No. 197 / Tuesday, October 13, 1998 / Rules and Regulations 54987 this year. B. filifolia, A. coronata var. adequately conserve A. coronata var. However, as discussed below, these notatior, and Allium munzii are also notatior (but not N. fossalis) in the efforts are often directed at other species expected to benefit from the Riverside covered area and to allow for its full and are inadequate to assure the long- County plan when it is finalized. Five recovery once similar conservation term survival of the taxa considered in of the six populations of B. filifolia in measures are undertaken elsewhere in this proposal. southern Orange County are within its range. Allium munzii and Brodiaea filifolia multiple species planning areas in are found in the Cleveland National Federal Endangered Species Act southern Orange County and most of Forest and are recognized by the U.S. these are expected to be conserved The Act may afford protection to Forest Service (Forest Service) as through the Southern Subregional sensitive species if they co-exist with sensitive species (U.S. Forest Service NCCP. However, the largest and most species already listed as threatened or 1992, Boyd, et. al., 1992). The Forest significant population (Forster Ranch) endangered under the Act. Pogogyne Service has policies to protect sensitive will not have substantial conservation abramsii (San Diego mesa mint), P. plant taxa and attempts to establish as a result of this planning effort. Small nudiuscula (Otay Mesa mint), Orcuttia these species in suitable or historic populations of N. fossalis and B. filifolia californica (California Orcutt grass), habitat. The Forest Service also are also known from Los Angeles and Eryngium aristulatum var. parishii (San encourages land ownership adjustments San Bernardino County. These Diego button-celery), San Diego fairy to acquire and protect sensitive plant populations are generally in shrimp (Branchinecta sandiegoensis), habitat. To this end, the Forest Service jurisdictions that have not developed or and the Riverside fairy shrimp (1992) has released a Management implemented regional multispecies (Streptocephalus wootoni) are listed as Guide for A. munzii. However, only a planning programs. endangered under the Act and occur in portion of a single population actually the same kinds of habitat type as several occurs within the Cleveland National Conservation Provisions Under the of the taxa listed herein. However, these Forest, and it continues to be threatened Clean Water Act species are often not found in the same by off-road vehicle activity. The Atriplex coronata var. notatior and N. vernal pool complexes as the taxa population of B. filifolia on National fossalis could potentially be affected by considered in this proposal. N. fossalis Forest lands, although one of the largest, projects requiring a permit from the co-exists with other listed species in is evidently a hybrid swarm (Boyd, et. Corps under section 404 of the Clean only seven vernal pool complexes (one al., 1992, S. Morey, in. litt. 1995). Water Act. In Riverside County, the in Riverside County, six in San Diego In 1993, the Service entered into a Corps has not required a permit or County). Memorandum of Understanding (MOU) mitigation for filling of wetland habitat The Stephens’ kangaroo rat with local jurisdictions in Riverside occupied by A. coronata var. notatior, (Dipodomys stephensi) and the Quino County and the CDFG concerning N. fossalis, or B. filifolia in instances checkerspot (Euphydryas editha quino) channelization of the San Jacinto River where the land had previously been are listed as endangered, and the coastal and protection of A. coronata var. used for agriculture or where the California gnatcatcher (Polioptila notatior habitat along the river. The wetland was determined not to be californica) is listed as threatened under purpose of this MOU is to reconcile within the jurisdiction of the Corps. The the Act. These species occur in coastal conflicts between the conservation of Corps has indicated a lack of certainty sage scrub (gnatcatcher) and grassland this floodplain species and proposed over whether hydric soils existed on a (kangaroo rat) habitats. Although A. flood control measures associated with particular site, even though hydric munzii is known from similar habitats, major urban development plans. The vegetation and hydrologic features were there is less than 30 percent overlap MOU does not address the conservation present (U.S. Fish and Wildlife Service, between its populations and of N. fossalis, B. filifolia, or other rare in litt. 1993). Even if the Corps populations of these listed animals. plants in the project area. The proposed establishes jurisdiction under the Clean Where overlap does occur, the A. flood control project could result in Water Act over vernal pools, this does munzii populations are either already significant urban development and not ensure their protection. At least two preserved or potentially protected from hydrological alterations that will vernal pool complexes that represented development by other regulations. contribute to the decline of all these suitable habitat for Navarretia fossalis However, in these cases, A. munzii is taxa. Since 1993, over 400 ha (1,000 ac) that were under Corps jurisdiction in still threatened by off-road vehicle of suitable A. coronata var. notatior San Diego County have been destroyed activity and non-native plant species. habitat within the jurisdiction of the or degraded without a section 404 Brodiaea filifolia occurs in the vicinity MOU was disced for purposes of permit (J. Dice, pers. comm. 1993, Carrie of California gnatcatcher populations in dryland farming and weed abatement Phillips, U.S. Fish and Wildlife Service, northern San Diego County but (Roberts 1993b, Roberts and McMillan pers. comm. 1993). primarily inhabits a different habitat 1997). Some of this altered habitat is in A permit was issued by the Corps for type (mesic grasslands). Brodiaea areas that could potentially be preserved channelizing the San Jacinto River in filifolia is known to co-exist with the as habitat for A. coronata var. notatior. 1996. As a condition of approval, the Stephen’s kangaroo rat at only one Recently, local property owners have permit was tied to a plan that would be locality in Riverside County. The Quino been contributing significantly to the designed to conserve A. coronata var. checkerspot, an extremely rare species, conservation process. The goal is to notatior habitat along a portion of the is not known to occur with either allow channelization of the San Jacinto San Jacinto River. This plan is still in species. River and to protect adequate habitat the development stage. It is anticipated south of the Ramona Expressway for that this conservation plan, when Land Acquisition and Management local conservation of A. coronata var. finalized, will provide adequate habitat Land acquisition and management by notatior. In so doing, it is anticipated for A. coronata var. notatior and other Federal, State, or local agencies or by that the habitat set aside will be rare plant species, including N. fossalis. private groups and organizations has adequate for the conservation of other It will cover about one-third of the range contributed to the protection of some rare plant taxa, including N. fossalis. of A. coronata var. notatior. This localities inhabited by the taxa under However, this conservation plan, which conservation plan is intended to consideration in this proposal. is under development, will protect only 54988 Federal Register / Vol. 63, No. 197 / Tuesday, October 13, 1998 / Rules and Regulations part of the habitat occupied by the four and both it and Brodiaea filifolia are Mexican Laws plants listed herein. Potentially suitable present on Marine Corps Base Camp Navarretia fossalis also occurs in conservation lands have been identified, Pendleton. These two facilities comprise northwestern Baja California, Mexico. but a mechanism to acquire them is still some 90 percent of the remaining vernal The Service is not aware of any existing lacking. pool habitat in San Diego County, so regulatory mechanisms in Mexico that At least two of the plants listed in this they are essential to the conservation of would protect this plant or its habitat. rule occur in the San Jacinto Wildlife Navarretia fossalis. Navarretia fossalis Although Mexico has laws that could Area (SJWA), which is managed by the is fully protected at the Marine Corps provide protection to rare plants, they State of California. Although this Air Station at Miramar in vernal pool are not easily enforced. At this time preserve provides protection from management zones through the there is no specific protections for urbanization and agriculture, it was Integrated Natural Resource vernal pools or N. fossalis in Mexico. If originally established to mitigate Management Plan (IRMP). This plan is specific protections were available to impacts of State water projects. The a good example of the permanent SJWA’s mission is to address multiple this species in Mexico, the portion of protective measures promoted by that the species range in Mexico alone impacts such as loss of wetlands and to the Endangered Species Act. Marine maintain waterfowl hunting along the would not be adequate to assure long- Corps Base, Camp Pendleton has a Draft term conservation of this species. San Jacinto River. In meeting this Isolated Ephemeral Wetlands objective, a significant area of habitat for Management Plan that did not prevent E. Other Natural or Manmade Factors the plants listed in this rule has been the unauthorized filling of a vernal pool Affecting Their Continued Existence converted into habitat for migrating in April 1998 (Lt. Col. Quigley, U.S. Non-native species of grasses and waterfowl. Protection of rare plant Marine Corps, Environmental Security, forbs have invaded many of southern habitat is only one of many potentially Camp Pendleton, in litt. June 1998), and California’s plant communities. Their conflicting goals. Although there are the Service has not been able to review presence and abundance are often an rare plant management goals, duck the plan (J. Bartel, U.S. Fish and indirect result of habitat disturbance ponds are inundated in regimes not necessarily conducive to the Wildlife Service, in litt. 1998). from grazing, development, mining, discing, and alteration of hydrology. All establishment of N. fossalis, A. coronata Local Laws and Regulations var. notatior, or B. filifolia, and four plant taxa in this final rule are significant portions of the SJWA support Local laws and regulations potentially subject to displacement by such non- non-native grasses such as Phalaris offer some protection to species native plant species. minor and Crypsis schoenoides (swamp considered within this proposal but Many vernal pools on Otay Mesa and timothy) that feed migratory waterfowl these laws and regulations are subject to in San Marcos (San Diego County) have but compete with native vegetation. overriding considerations, are seldom become dominated by Lolium perenne, Habitat within the preserve is also enforced, and, in some cases, are the non-native perennial ryegrass that is threatened, in part, with destruction conflicting. For example, the City of very widely planted for lawns and other from construction of utility lines (MWD Hemet General Plan requires that purposes. Ryegrass is tolerant of 1992). biological surveys be conducted at sites inundation and displaces native species The Santa Rosa Plateau Preserve is that may contain sensitive plants before such as Navarretia fossalis and Brodiaea managed by TNC and contains one of alteration of a site for development. filifolia in areas where significant the largest remaining population However, the City has also adopted an populations for both species are known complexes of B. filifolia and a single, ordinance that requires vacant land to to occur. In Riverside County, Crypsis schoenoides, an aggressive non-native small population of N. fossalis. be cleared for weed abatement (Ron grass, has been seeded as a food source Although these populations are Wrench, City of Hemet, Fire for migratory waterfowl along the San managed for long-term protection and Department, pers. comm. 1993). This Jacinto River. This species is becoming viability and are very important for the activity has contributed to the decline of widespread and has replaced, or is in recovery of these plants, they represent A. coronata var. notatior, N. fossalis and the process of replacing, native vernal a fraction of the range of either species. other sensitive plant species for which pool (and other) native species, Other protected areas will be needed to the City general plan requires surveys. adequately ensure their continued including N. fossalis, B. filifolia, and A. existence. Habitat in Riverside County for A. coronata var. notatior, on the San The RCHCA has initiated the coronata var. notatior, N. fossalis, and Jacinto Wildlife Area and in other areas preparation of a Multi-Species Habitat B. filifolia has been degraded by discing west of Hemet (D. Bramlet, in litt. 1992). Conservation Plan (MSHCP). Although for weed abatement and fire The impact of this grass is extremely the intent of this plan is to identify and management purposes. County significant for N. fossalis since the acquire areas with high biological ordinances require that parcels smaller majority of populations are found diversity and sensitive species, the than 2 ha (5 ac) and up to 30 meters (100 within this area and Crypsis program is in the early development feet) adjacent to roads be cleared to schoenoides competes for the same stage and it is uncertain to what degree reduce the potential for fire (Howard habitat required by N. fossalis. it will be successful in providing Windsor, Riverside County Fire Non-native grass species such as protection for these taxa. In 1996, one Abatement, pers. comm. 1993). These Avena barbata and Bromus madritensis land owner donated about 25 ha (60 ac) activities have contributed to the are dominant on the clay soils required of land along the San Jacinto River to decline of N. fossalis and the federally- by A. munzii. Crowding and the RCHCA. This parcel supports small listed, endangered Orcuttia californica. competition for resources from these populations of A. coronata var. notatior In some cases, landowners have grasses threaten the majority of the 13 and N. fossalis. This land will likely exceeded the clearing requirements, occurrences of Allium munzii (CNDDB become part of a potential MSHCP which has resulted in additional 1997). For example, one of the largest preserve system. reduction of sensitive plant populations populations (Estelle Peak), has not been Navarretia fossalis is present at 3 sites and the destruction or perturbation located recently and increased on Marine Corps Air Station Miramar, (disturbance) of their habitat. competition from alien grasses is likely Federal Register / Vol. 63, No. 197 / Tuesday, October 13, 1998 / Rules and Regulations 54989 the cause of this (B. McMillan, pers. urbanization and agricultural continuing existence of’’ and comm. 1998). In San Diego County, development, alteration of hydrology of ‘‘destruction or adverse modification of’’ aggressive non-native species such as its vernal pool habitat, trampling, and in very similar terms. To jeopardize the Cynara cardunculus (wild artichoke) competition from exotic plant taxa, this continuing existence of a species means and Foeniculum vulgare (fennel) are taxon has demonstrated resilience to to engage in an action ‘‘that reasonably impacting grassland habitat supporting some forms of disturbance. In addition, would be expected to reduce populations of Brodiaea filifolia both B. filifolia and N. fossalis occur in appreciably the likelihood of both the (Roberts and Vanderwier 1997, H. Wier, a large enough number of populations survival and recovery of a listed Dudek and Associates, pers. comm. and locations that they are not in species.’’ Destruction or adverse 1997). immediate danger of extinction. modification of habitat means an The four plants in this rule rely on Critical Habitat ‘‘alteration that appreciably diminishes seasonal rainfall. Drier conditions, such the value of critical habitat for both the as those that prevailed from 1986 to Critical habitat is defined in section 3 survival and recovery of a listed species 1992, reduce the number of individuals of the Act as the specific areas within in the wild by reducing the in populations. Such climatic the geographical area occupied by a reproduction, numbers, or distribution conditions stress species and reduce species, at the time it is listed in of that species.’’ Common to both germination and survival rates. Negative accordance with the Act, on which are definitions is an appreciable detrimental effects of habitat loss and degradation found those physical or biological effect to both the survival and recovery from other factors including features essential to the conservation of of a listed species. An action that development, discing, and grazing, the species and that may require special appreciably diminishes habitat for when combined with climatic management considerations or recovery and survival may also conditions, increase the level of threat protection; and specific areas outside jeopardize the continued existence of to the involved species. the geographical area occupied by the the species by reducing reproduction, The Service has carefully assessed the species at the time it is listed, upon numbers, or distribution because best scientific and commercial determination that such areas are negative impacts to such habitat may information available regarding the past, essential for the conservation of the reduce population numbers, decrease present, and future threats faced by species. ‘‘Conservation’’ means the use reproductive success, or alter species these four plants in determining to make of all methods and procedures needed distribution through habitat this final rule. Much of the remaining to bring the species to the point at fragmentation. habitat for these species is degraded. which listing under the Act is no longer Based on this evaluation, the Service necessary. For a listed plant species, an analysis finds that Allium munzii and A. Section 4(a) (3) of the Act, as to determine jeopardy under section coronata var. notatior are in danger of amended, and the Service’s 7(a)(2) would consider loss of the extinction throughout all or a significant implementing regulations (50 CFR species associated with habitat impacts. portion of their ranges. Allium munzii is 424.12) require that, to the maximum Such an analysis would closely parallel extremely threatened by competition extent prudent and determinable, the an analysis of habitat impacts from alien grass species throughout its Secretary designate critical habitat at the conducted to determine adverse entire range, and urban development, time a species is listed as endangered or modification of critical habitat. As a dry land farming activities, and off-road threatened. Service regulations (50 CFR result, an action that results in adverse vehicle activities throughout a 424.12(a)(1)) state that designation of modification also would almost significant portion of its range. A. critical habitat is not prudent when: (1) certainly jeopardize the continued coronata var. notatior is threatened by The species is threatened by taking or existence of the species concerned. alteration of hydrology of its vernal pool other human activity, and identification Because habitat degradation and and alkali vernal wetland plains of critical habitat can be expected to destruction is the primary threat to habitats, urbanization, grazing, and increase the degree of threat to the these species, listing them will ensure discing associated with dry land species; and/or (2) such designation of that section 7 consultation occurs, and farming and fire suppression, as critical habitat would not be beneficial potential impacts to the species and exemplified by a reduction of over 50 to the species. their habitat are considered, for any percent of known individuals since this Section 7(a)(2) of the Act requires Federal action that may affect these species was proposed for listing as an Federal agencies to consult with the species. In many cases, listing also endangered species in 1994. Service to ensure that any action ensures that Federal agencies consult For reasons discussed below, the authorized, funded, or carried out by with the Service even when Federal Service finds that B. filifolia and N. such agency, does not jeopardize the actions may affect unoccupied suitable fossalis are likely to become endangered continued existence of a federally listed habitat where such habitat is essential to within the foreseeable future throughout species or does not destroy or adversely the survival and recovery of the species. all or a significant portion of their modify designated critical habitat. The This is especially important for plant ranges. Although many populations of requirement that Federal agencies species where consideration must be B. filifolia are threatened by refrain from contributing to the given to the seed bank component of the urbanization and agricultural destruction or adverse modification of species, and associated pollinators and development, trampling, grazing, and critical habitat in any action authorized, dispersal agents, which are not competition from non-native plant taxa, funded or carried out by such agency necessarily visible in the habitat the Service finds that threatened status (agency action) is in addition to the throughout the year. In practice, the is appropriate for B. filifolia because, in section 7 prohibition against Service consults with Federal agencies part, one of the largest remaining jeopardizing the continued existence of proposing projects in areas where there populations (Santa Rosa Plateau) is a listed species; and it is the only is potentially suitable but unoccupied protected. The Service finds that mandatory legal consequence of a habitat, particularly when the species threatened status is appropriate for N. critical habitat designation. The was known to recently occur there or in fossalis because although many Service’s implementing regulations (50 similar nearby areas; or the area is populations are threatened by CFR part 402) define ‘‘jeopardize the known to harbor seed banks. 54990 Federal Register / Vol. 63, No. 197 / Tuesday, October 13, 1998 / Rules and Regulations

Apart from section 7, the Act provides whose property boundaries could be consequences if the landowner removed no additional protection to lands included within a general description of the listed species or destroyed its designated as critical habitat. critical habitat for a specific species. habitat. For example, in the spring of Designating critical habitat does not Landowners may mistakenly believe 1998, a Los Angeles area developer create a management plan for the areas that critical habitat designation will be buried one of the only three populations where the listed species occurs; does an obstacle to development and impose of the endangered Astragalus brautonii not establish numerical population restrictions on their use of their in defiance of efforts under the CEQA to goals or prescribe specific management property. Unfortunately, inaccurate and negotiate mitigation for the species (Tim actions (inside or outside of critical misleading statements reported through Thomas, U.S. Fish and Wildlife Service, habitat); and does not have a direct widely popular medium available pers. comm. 1996). The designation of effect on areas not designated as critical worldwide, are the types of critical habitat involves the publication habitat. misinformation that can and have led of habitat descriptions and mapped Critical habitat would provide no private landowners to believe that locations of the species in the Federal benefit to the species addressed in this critical habitat designations prohibit Register, increasing the likelihood of rule on non-Federal lands (i.e., private, them from making use of their private potential search and removal activities State, County or City lands) beyond that land when, in fact, they face potential at specific sites. provided by listing. Critical habitat constraints only if they need a Federal The Service acknowledges that in provides protection on non-Federal permit or receive Federal funding to some situations critical habitat lands only if there is Federal conduct specific activities on their designation may provide some value to involvement (a Federal nexus) through lands. These types of the species by notifying the public about authorization or funding of, or misunderstandings, and the fear and areas important for the species participation, in a project or activity on mistrust they create among potentially conservation and calling attention to non-Federal lands. In other words, affected landowners, make it very those areas in special need of designation of critical habitat on non- difficult for the Service to cultivate protection. However, when this limited Federal lands does not compel or meaningful working relationships with benefit is weighed against the detriment require the private or other non-Federal such landowners and to encourage to plant species associated with the landowner to undertake active voluntary participation in species widespread misunderstanding about the management for the species or to modify conservation and recovery activities. effects of such designation on private any activities in the absence of a Federal Without the participation of landowners landowners and the environment of nexus. Possible Federal agency in the recovery process, the Service will mistrust and fear that such involvement or funding that could find it very difficult to recover species misunderstanding can create, the involve the species addressed in this that occur on non-Federal lands. Service concludes that the detriment to rule on non-Federal lands include the the species from a critical habitat Corps through section 404 of the Clean A designation of critical habitat on designation covering non-Federal lands Water Act, the Federal Department of private lands could actually encourage outweighs the educational benefit of Housing and Urban Development, habitat destruction by private such designation and that such Federal Aviation Administration, the landowners to rid themselves of the designation is, therefore, not prudent. U.S. Immigration and Naturalization perceived endangered species problem. The information and education process Service and the Federal Highway Listed plants have limited protection can more effectively be handled by Administration. Federal involvement, if under the Act, particularly on private working directly with landowners and it does occur, will be addressed lands. Section 9(a)(2) of the Act, communities during the recovery regardless of whether critical habitat is implemented by regulations at 50 CFR planning process and by the section 7 designated because interagency section 17.61 (endangered plants) and consultation and coordination where coordination requirements such as the 50 CFR 17.71 (threatened plants) the Federal nexus exists. The use of Fish and Wildlife Coordination Act prohibits: (1) Removal and reduction of these existing processes will impart the (FWCA) and section 7 of the Act are listed plant species to possession from same knowledge to the landowners that already in place. When a plant species areas under Federal jurisdiction, or their critical habitat designation would but is listed, activities occurring on all lands malicious damage or destruction on without the confusion and subject to Federal jurisdiction that may areas under Federal jurisdiction; or (2) misunderstandings that may accompany adversely affect the species would removal, cutting, digging up, or a critical habitat designation. prompt the requirement for consultation damaging or destroying any such For similar reasons, the Service also under section 7(a)(2) of the Act, species in knowing violation of any concludes that there would be no regardless of whether critical habitat has State law or regulation including State additional benefits to the species been designated. criminal trespass laws. Generally, on covered in this rule beyond the benefits While a designation of critical habitat private lands, collection of, or conferred by listing from a designation on private lands would only affect vandalism to, listed plants must occur of critical habitat on Federal lands. In actions where a Federal nexus is present in violation of State law to be a violation the case of each of these plant species, and would not confer any additional of section 9 of the Act. The Service is the existing occurrences of the species benefit beyond that already provided by not aware of any State law in California are known by the DOD and the U.S. section 7 consultation because virtually that generally regulates or prohibits the Forest Service and any action that any action that would result in an destruction or removal of federally would result in adverse modification adverse modification determination listed plants on private lands (see would almost certainly result in likely would also likely jeopardize the species, section 9 discussion under ‘‘Available jeopardy to the species, so that a a designation of critical habitat on Conservation Measures’’ section of this designation of critical habitat on Federal private lands could result in a detriment rule). Thus, a private landowner lands would not confer any additional to the species. This is because the concerned about perceived land benefit on the species. On the other limited effect of a critical habitat management conflicts resulting from a hand, particularly on National Forest designation on private lands is often critical habitat designation covering his System lands, a designation of critical misunderstood by private landowners property would likely face no legal habitat could increase the threats to Federal Register / Vol. 63, No. 197 / Tuesday, October 13, 1998 / Rules and Regulations 54991 these species from vandalism and listing was proposed. The decline is due where this species occurs. The collection similar to the threats mostly to the end of a prolonged identification of critical habitat would identified in response to listing a drought and a new source of reclaimed not increase management or species (Oberbauer 1992, Beauchamp in water, which have allowed increased conservation efforts on State or private litt. 1997). Simply listing a species can barley farming. Repeated discing of lands and could impair those efforts. precipitate commercial or scientific significant areas of habitat occupied by The Service believes that conservation interest, both legal and illegal, which this plant, including proposed critical of this species on private lands can best can threaten the species through habitat, is likely to have contributed to be addressed by working directly with unauthorized and uncontrolled the decline, although the Service lacks landowners and communities during collection for both commercial and information on the acreage involved, or the recovery planning process and scientific purposes. The listing of the frequency of discing. This continued through the interagency coordination species as endangered or threatened decline makes it less likely that A. and consultation processes of section 7 publicizes their rarity and may make coronata var. notatior will be found on should there be any future unforeseen them more susceptible to collection by sites that it currently does not occupy, Federal involvement. researchers or curiosity seekers (Mariah and increases the conservation Navarretia fossalis Steenson pers. comm. 1997, M.Bosch, importance of remaining sites. This U.S. Forest Service in litt. 1997). For decline occurred despite the proposal of The majority of N. fossalis example, the Service designated critical critical habitat, so the proposal’s map populations are on privately owned habitat for the mountain golden heather evidently provided no conservation lands. At least one population occurs on (Hudsonia montana), a small shrub not benefit with respect to notification of Federal lands owned by the Department previously known to be commercially government agencies and others. In any of the Navy. The Department of the valuable or particularly susceptible to case, such parties can identify potential Navy is aware of the occurrences and collection or vandalism. After the habitat for this plant at least as easily habitat of the species on their lands. critical habitat designation was and accurately by consulting the county Some of the private land has Federal published in the Federal Register, soil survey as by consulting the critical involvement because Navarretia fossalis unknown persons visited a Forest habitat map. is a covered species under the MSCP Service wilderness area in North The majority of the population centers and populations occur in the MHCP Carolina where the plants occurred and, of A. coronata var. notatior are located area of northern San Diego County. with a recently published newspaper on privately owned lands. Three Navarretia fossalis is protected at article and maps of the plant’s critical populations are on State land (San Marine Corps Air Station, Miramar in habitat designation in hand, asked about Jacinto Wildlife Area), one population is vernal pool management zones through the location of the plants. Several plants partially on County lands (RCHCA along the Integrated Natural Resource the Service had been monitoring were San Jacinto River), and one population Management Plan (IRMP). This plan is later found to be missing from is on a private preserve managed by an example of the permanent protective unmarked Service study plots. (Nora MWD. This plant is not known to occur measures promoted by the Act. Marine Murdock, U.S. Fish and Wildlife on Federal lands. Federal involvement Corps Base, Camp Pendleton has a Service, pers. comm. 1998). on these lands is unlikely because they similar Draft Isolated Ephemeral The Service has weighed the lack of do not involve wetland areas or any Wetlands Management Plan (Lt. Col. overall benefits of critical habitat other activity associated with Federal Quigley, U.S. Marine Corps, designation beyond that provided by agencies. If, in the future, there is Environmental Security, Camp listing as threatened or endangered, Federal involvement through permitting Pendleton, in litt. June 1998). The along with the benefits of public or funding, such as through the Federal Department of Navy consults with the notification against the detrimental Highway Administration, then Service under section 7 for activities effects of the negative public response interagency coordination and related to other listed species in the area and misunderstanding of what critical consultation required by section 7 and would be subject to similar habitat designation means and the would be in effect if such actions may requirements as a result of this listing. increased threats of illegal collection affect this species, once listed. As Designation of critical habitat would not and vandalism, and has concluded that previously discussed, an analysis to necessarily require either military critical habitat designation is not determine jeopardy under section agency to increase or change their prudent for Allium munzii (Munz’s 7(a)(2) would consider loss of commitment or management efforts for onion), Brodiaea filifolia (thread-leaved individual plants associated with this species, only to avoid adverse brodiaea), Atriplex coronata var. habitat impacts. Such an analysis would modification of such critical habitat. notatior (San Jacinto Valley closely parallel any analysis of habitat The Service finds that critical habitat crownscale), and Navarretia fossalis impacts conducted to determine adverse is not prudent for Navarretia fossalis at (spreading navarretia). The specific modification of critical habitat. A this time because such designation reasons why designation of critical jeopardy finding would be equivalent to would provide no benefit over that habitat is not prudent for each of these a finding of adverse modification of provided by listing on privately owned species are addressed in the following critical habitat. Therefore, there would lands where this species occurs. discussion. be no additional conservation benefit to Landowners where the species occur are the species from designation of critical aware of its presence and status. Critical Atriplex coronata var. notatior habitat beyond that provided by the habitat designation on these private In the December 15, 1994, proposed species’ listing. lands would not change the way those rule to list these taxa (59 FR 64812), the Therefore, the Service finds that lands are managed or require specific Service proposed to designate critical critical habitat is not prudent for management actions to take place, and habitat in Riverside County for A. Atriplex coronata var. notatior at this could be detrimental because of coronata var. notatior. The Service has time because the Service believes no potential landowner misunderstandings now determined to withdraw that benefit over that provided by listing about the real effects of critical habitat proposal, based on the plant’s continued would result from identification of designation on private lands. The decline, by perhaps 50 percent, since its critical habitat on the non-Federal lands species is currently known and 54992 Federal Register / Vol. 63, No. 197 / Tuesday, October 13, 1998 / Rules and Regulations managed on Federal lands; no change in for those activities with Federal agency these Federal lands would be subject to management would occur as a result of involvement. section 7 consultation. The Service critical habitat designation and all believes that the conservation of this Brodiaea filifolia activities that may affect the species on species on private lands can best be these Federal lands would be subject to Brodiaea filifolia occurs on private addressed by working directly with section 7 consultation. The Service land, including lands managed by TNC. landowners and communities during believes that the conservation of this Two populations are on lands managed the recovery planning process and species on private lands can best be by the County government and also on through the interagency coordination addressed by working directly with the San Jacinto Wildlife Management and consultation processes of section 7 landowners and communities during Area in Riverside County, managed by for those activities with Federal agency the recovery planning process and the CDFG. The only populations of involvement. through the interagency coordination Brodiaea filifolia known to occur on Available Conservation Measures and consultation processes of section 7 Federal lands managed by the for those activities with Federal agency Department of Navy. Brodiaea filifolia is Conservation measures provided to involvement. protected at Marine Corps Air Station, species listed as endangered or Miramar in vernal pool management threatened under the Act include Allium munzii zones through the Integrated Natural recognition, recovery actions, A. munzii is known from 13 extant Resource Management Plan (IRMP). requirements for Federal protection, and populations; only one of these This plan is an example of the prohibitions against certain activities. populations is partially on Federal land. permanent protective measures Recognition through listing encourages Five populations occur in the Gavilan promoted by the Act. Marine Corps and results in conservation actions by Hills, including one at Harford Springs Base, Camp Pendleton has a similar Federal, State, and local agencies, County Park, and one on lands managed Draft Isolated Ephemeral Wetlands groups, and individuals. The Act by the Riverside County Habitat Management Plan (Lt. Col. Quigley, U.S. provides for possible land acquisition Conservation Agency (RCHCA). Two Marine Corps, Environmental Security, from willing sellers and cooperation populations occur on private land. Five Camp Pendleton, in litt. June 1998). The with the State and requires that recovery small populations occur on land Department of Navy consults with the actions be carried out for all listed managed by the Reserve Management Service under section 7 for activities species. The protection required of Committees (Domenigoni Hills and related to other listed species in the area Federal agencies and the prohibitions Bachelor Mountain) for the Riverside and would be subject to similar against certain activities involving listed County multispecies plans, or on private requirements as a result of this listing. plants are discussed, in part, below. land. One population is in the Elsinore Designation of critical habitat would not Section 7(a) of the Act, as amended, Mountains, partly on Federal land in the necessarily require either military requires Federal agencies to evaluate Cleveland National Forest and partly on agencies to increase or change their their actions with respect to any species private lands. commitment or management efforts for that is proposed or listed as endangered The Service finds that critical habitat this species, only to avoid adverse or threatened and with respect to its is not prudent for Allium munzii at this modification of such critical habitat. critical habitat, if any is being time because such designation would Some of the private land has Federal designated. Regulations implementing provide no benefit over that provided by involvement because Brodiaea filifolia this interagency cooperation provision listing on privately owned lands where is a covered species under the MSCP of the Act are codified at 50 CFR part this species occurs. Landowners where and populations occur in the MHCP 402. Section 7(a)(4) requires Federal the species occur are aware of its area of northern San Diego County. agencies to confer with the Service on presence and status. The plant occurs Brodiaea filifolia habitat managed by any action that is likely to jeopardize on land owned by the RCHCA. Such the CDFG (San Jacinto Wildlife Area) is the continued existence of a species land is likely to become part of a Multi- not wetlands, so there is no Federal proposed for listing or result in Species Habitat Conservation Plan involvement that would lead to destruction or adverse modification of preserve system. Critical habitat protection through designation of proposed critical habitat. If a species is designation on these private lands critical habitat. subsequently listed, section 7(a)(2) would not change the way those lands The Service finds that critical habitat requires Federal agencies to ensure that are managed or require specific is not prudent for Brodiaea filifolia at activities they authorize, fund, or carry management actions to take place, and this time because such designation out are not likely to jeopardize the could be detrimental because of would provide no benefit over that continued existence of such a species or potential landowner misunderstandings provided by listing on privately owned destroy or adversely modify its critical about the real effects of critical habitat lands where this species occurs. habitat. If a Federal action may affect a designation on private lands. The Landowners where the species occur are listed species or its critical habitat, the species is currently known and aware of its presence and status. Critical responsible Federal agency must enter managed on Federal lands; no change in habitat designation on these private into formal consultation with the management would occur as a result of lands would not change the way those Service. critical habitat designation and all lands are managed or require specific Federal agencies expected to have activities that may affect the species on management actions to take place, and involvement with Allium munzii, these Federal lands would be subject to could be detrimental because of Atriplex coronata var. notatior, section 7 consultation. The Service potential landowner misunderstandings Brodiaea filifolia, and Navarretia believes that the conservation of this about the real effects of critical habitat fossalis include the U.S. Army Corps of species on private lands can best be designation on private lands. The Engineers and the Environmental addressed by working directly with species is currently known and Protection Agency due to their permit landowners and communities during managed on Federal lands; no change in authority under section 404 of the Clean the recovery planning process and management would occur as a result of Water Act. The Federal Aviation through the interagency coordination critical habitat designation and all Administration has jurisdiction over and consultation processes of section 7 activities that may affect the species on areas with vernal pools containing N. Federal Register / Vol. 63, No. 197 / Tuesday, October 13, 1998 / Rules and Regulations 54993 fossalis near Montgomery Field within State law or regulation, including development, recreational trail development, the city limits of San Diego and on criminal trespass laws. Section 4(d) of road construction, hazardous material Brown Field on Otay Mesa in San Diego the Act allows for the provision of such containment and cleanup activities, County. This jurisdiction would also protection to threatened species through prescribed burns, pesticide/herbicide apply if any of the taxa considered in regulation. This protection may apply to application, pipelines or utility lines crossing this rule are discovered at Perris Airport these taxa in the future if regulations are suitable habitat), when such activity is conducted in accordance with any reasonable or Ryan Airport in Riverside County. promulgated. Seeds from cultivated and prudent measures given by the Service The Federal Highways Administration specimens of threatened plant species in a consultation conducted under section 7 may be involved through potential are exempt from these regulations of the Act; funding of highway construction provided that their containers are (2) Casual, dispersed human activities on projects near Hemet (Riverside County) marked ‘‘of cultivated origin.’’ Certain foot or horseback (e.g., bird watching, and Otay Mesa (San Diego County). exceptions apply to agents of the sightseeing, photography, camping, hiking); Because N. fossalis occurs on Naval Air Service and State conservation agencies. (3) Activities on private lands that do not Station, Miramar and on Marine Corps The Act and 50 CFR 17.62 and 17.63 require Federal authorization and do not Base, Camp Pendleton, these facilities for endangered plants, and 17.72 for involve Federal funding, such as grazing will also likely be involved through the threatened plants, provide for the management, agricultural conversions, flood pursuit of their respective missions or issuance of permits to carry out and erosion control, residential development, the process of excessing surplus Federal otherwise prohibited activities road construction, and pesticide/herbicide lands. The Immigration and involving endangered or threatened application when consistent with label plants under certain circumstances. restrictions; Naturalization Service will need to (4) Residential landscape maintenance, evaluate the effects of its activities on N. Such permits are available for scientific including the clearing of vegetation around fossalis, which is known to occur along purposes or for enhancing the one’s personal residence as a fire break; the international border. The propagation or survival of the plants. Department of Housing and Urban For threatened plants, permits are also The Service believes that the Development may insure housing loans available for botanical or horticultural following might potentially result in a in areas that support some of these exhibition, educational purposes, or violation of section 9; however, possible species. The Forest Service has special purposes consistent with the violations are not limited to these jurisdiction over at least part of one Act. It is anticipated that few trade actions alone: population of A. munzii in Cleveland permits would ever be sought or issued (1) Unauthorized collecting of the species National Forest. for the taxa considered herein because on Federal lands; Listing Allium munzii, Atriplex they are not common in cultivation or (2) Application of herbicides violating coronata var. notatior, Brodiaea filifolia, in the wild. These species have specific label restrictions; and Navarretia fossalis provides for the germination and growth requirements (3) Interstate or foreign commerce and development and implementation of including, in some cases, seasonal import/export without previously obtaining recovery plans for the taxa. Such plans inundation that would be difficult to an appropriate permit. Permits to conduct will bring together State and Federal recreate in cultivation. activities are available for purposes of efforts for conservation of the species. A It is the policy of the Service, scientific research and enhancement of recovery plan will establish a published in the Federal Register on propagation or survival of the species. July 1, 1994 (59 FR 34272), to increase framework for agencies to coordinate Questions regarding whether specific public understanding of the prohibited conservation efforts. A plan will set activities would constitute violations of acts that will apply under section 9 of recovery priorities and estimate the section 9 should be directed to the Field the Act. Allium munzii, Brodiaea costs of tasks necessary to accomplish Supervisor of the Service’s Carlsbad the priorities. It will also describe site- filifolia, Atriplex coronata var. notatior, Field Office (see ADDRESSES section). specific management actions necessary and Navarretia fossalis are known to Requests for copies of the regulations to achieve conservation and survival of occur on Federal lands under the concerning listed plants (50 CFR 17.61 the species. jurisdiction of the Forest Service. and 17.71) and general inquiries The Act and its implementing Collection, damage or destruction of regarding prohibitions and permits may regulations set forth a series of listed species on Federal lands is be addressed to the U.S. Fish and prohibitions and exceptions that apply prohibited, except as authorized under Wildlife Service, Ecological Services, to all endangered or threatened plants. section 7 or section 10(a)(1)(A) of the Endangered Species Permits, 911 N.E. All prohibitions of section 9(a)(2) of the Act. Such activities on non-Federal 11th Avenue, Portland, Oregon 97232– Act, implemented by 50 CFR parts lands would constitute a violation of 4181 (telephone 503/231–2063; 17.61, (endangered plants) and 17.71 section 9 of the Act if activities were facsimile 503/231–6243). (threatened plants) apply. These conducted in knowing violation of prohibitions, in part, make it illegal for California State law or regulation, or in National Environmental Policy Act any person subject to the jurisdiction of violation of California State criminal the United States to import or export, trespass law. The Fish and Wildlife Service has transport in interstate or foreign The Service believes that, based upon determined that Environmental commerce in the course of a commercial the best available information, the Assessments or Environmental Impact activity, sell or offer for sale in interstate following actions will not result in a Statements, as defined under the or foreign commerce, or remove and violation of section 9, provided these authority of the National Environmental reduce to possession any such species activities are carried out in accordance Policy Act of 1969, need not be from areas under Federal jurisdiction. In with existing regulations and permit prepared in connection with regulations addition, for plants listed as requirements: adopted pursuant to section 4(a) of the endangered, the Act prohibits malicious Endangered Species Act of 1973, as (1) Activities authorized, funded, or carried damage or destruction any such species out by Federal agencies (e.g., grazing amended. A notice outlining the on Federal lands or to remove, cut, dig management, agricultural conversions, Service’s reasons for this determination up, damage, or destroy of any such wetland and riparian habitat modification, was published in the Federal Register species in knowing violation of any flood and erosion control, residential on October 25, 1983 (48 FR 49244). 54994 Federal Register / Vol. 63, No. 197 / Tuesday, October 13, 1998 / Rules and Regulations

Paperwork Reduction Act References Cited PART 17Ð[AMENDED] This rule does not contain any A complete list of all references cited information collection requirements for herein is available, upon request, from 1. The authority citation for Part 17 which the Office of Management and the Field Supervisor, Carlsbad Field continues to read as follows: Budget (OMB) approval under the Office (see ADDRESSES section). Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Paperwork reduction Act, 44 U.S.C. Author: This primary author of this 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 3501 et seq. is required. An information final rule is Fred Roberts of the Carlsbad 625, 100 Stat. 3500, unless otherwise noted. collection related to the rule pertaining Field Office (see ADDRESSES section). to permits for endangered and 2. Section 17.12(h) is amended by threatened species has OMB approval List of Subjects in 50 CFR Part 17 adding the following, in alphabetical and is assigned clearance number 1018– Endangered and threatened species, order under FLOWERING PLANTS, to 0094. An agency may not conduct or Exports, Imports, Reporting and the List of Endangered and Threatened sponsor, and a person is not required to recordkeeping requirements, Plants: respond to a collection of information Transportation. unless it displays a currently valid OMB § 17.12 Endangered and threatened plants. control number. This rule does not alter Regulations Promulgation * * * * * that information collection requirement. Accordingly, the Service amends part (h) * * * For additional information concerning 17, subchapter B of chapter I, title 50 of permits and associated requirements for the Code of Federal Regulations, as set threatened species, see 50 CFR 17.32. forth below:

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

******* FLOWERING PLANTS

******* Allium munzii (=A. fimbriatum Munz's onion ...... U.S.A. (CA) ...... LiliaceaeÐLily ...... E 650 NA NA var. munzii).

******* Atriplex coronata var. notatior San Jacinto Valley U.S.A. (CA) ...... ChenopodiaceaeÐ E 650 NA NA Crownscale. Goosefoot.

******* Brodiaea filifolia ...... Thread-leaved U.S.A. (CA) ...... LiliaceaeÐLily ...... T 650 NA NA brodiaea.

******* Navarretia fossalis ...... Spreading navarretia U.S.A. (CA), Mexico PolemoniaceaeÐ T 650 NA NA (Baja California). Phlox.

*******

Dated: September 29, 1998. Jamie Rappaport Clark, Director, Fish and Wildlife Service. [FR Doc. 98–26861 Filed 10–9–98; 8:45 am] BILLING CODE 4310±55±U