15142 Federal Register / Vol. 63, No. 60 / Monday, March 30, 1998 / Proposed Rules

#Depth in feet above ground. *Elevation in feet. State City/town/county Source of flooding Location (NGVD) Existing Modified

Maps are available for inspection at the Midland County Engineer's Office, 2145 East Highway 80, Midland, Texas. Send comments to The Honorable Jeff Norwood, Midland County Judge, County Courthouse, 200 West Wall, Midland, Texas 79701.

Texas ...... Victoria County Coleto Creek ...... Just upstream of FM 466 ...... *66 *66 (Unincorporated Areas). Approximately 1.1 miles upstream of *90 *86 Southern Pacific Railroad. Whispering Creek ...... Approximately 830 feet upstream of John *112 *111 Stockbauer Drive. Approximately 3,600 feet upstream of *119 *118 Loop 463. Maps are available for inspection at the Victoria County Floodplain Administration, 2805A North Navarro, Victoria, Texas. Send comments to The Honorable Helen R. Walker, Victoria County Judge, 115 North Bridge, Room 127, Victoria, Texas 77901.

(Catalog of Federal Domestic Assistance No. to the Ventura Fish and Wildlife Office, gland. The yellow flower head is 83.100, ‘‘Flood Insurance’’) U.S. Fish and Wildlife Service, 2493 surrounded from beneath by bracts that Dated: March 20, 1998. Portola Road, Suite B, Ventura, each have about 25 stout gland-tipped Michael J. Armstrong, 93003. Comments and projections (Keil 1993). Associate Director for Mitigation. materials received will be available for macradenia is distinguished from other [FR Doc. 98–8076 Filed 3–27–98; 8:45 am] public inspection, by appointment, members of the genus by its numerous BILLING CODE 6718±04±M during normal business hours at the ray flowers and its black anthers. above address. Historically, habitat for consisted of grasslands and FOR FURTHER INFORMATION CONTACT: Carl DEPARTMENT OF THE INTERIOR Benz, Assistant Field Supervisor, prairies found on coastal terraces below Listing and Recovery, Ventura Fish and 100 meters (m) (330 feet (ft)) in elevation, from Monterey County north Fish and Wildlife Service Wildlife Office (see ADDRESSES section) to Marin County. In the Santa Cruz area, (telephone number 805/644–1766; 50 CFR Part 17 the gently sloping terrace platforms are facsimile 805/644–3958). separated by steep-sided ‘‘gulches,’’ RIN 1018±AE80 SUPPLEMENTARY INFORMATION: whereas in the Watsonville area Endangered and Threatened Wildlife Background (Monterey County) and on the east side and ; Proposed Threatened of San Francisco Bay, the terraces are Holocarpha macradenia (Santa Cruz Status for Holocarpha macradenia more extensively dissected, and tarplant) was first recognized by (Santa Cruz tarplant) Holocarpha macradenia populations Augustin-Pyramus de Candolle, who occur on alluvium derived from the AGENCY: Fish and Wildlife Service, published the name Hemizonia terrace deposits (Palmer 1986). The soils Interior. macradenia in 1836 (Ferris 1960). In are typically sandy clay soils; the clay ACTION: Proposed rule. 1897, E. L. Greene referred the species component of these soils holds moisture to the genus Holocarpha with long into the growing season. The SUMMARY: The U.S. Fish and Wildlife publication of the new combination coastal prairie habitat, found from Service (Service) proposes threatened Holocarpha macradenia (DC.) E. Greene Monterey Bay and northward, is status pursuant to the Endangered (Ferris 1960). This name has continued becoming increasingly fragmented and Species Act (Act) of 1973, as amended to be recognized in the most recent restricted in distribution. Historically, (16 U.S.C. 1531 et seq.), for Holocarpha treatment for the genus (Keil 1993). four major factors contributed to macradenia (Santa Cruz tarplant). It is Holocarpha macradenia, an aromatic changes in the distribution and threatened by alteration and destruction annual herb in the aster () composition of coastal prairies—the of habitat due to historical and ongoing family, is one of only four species of introduction of highly competitive, non- urban and commercial development, Holocarpha, all of which are restricted native species; an increase in grazing habitat alteration due to cattle grazing, to California. The genus name is derived pressures; the elimination of annual limited success of seed transplant from the Greek holos for whole and fires; and cultivation (Heady et al.1988). populations, and competition from non- karphos for chaff, referring to the scales Santa Cruz tarplant is most frequently native plants. This proposed rule, if found among the florets on the associated with grasses; non-native made final, would extend the Act’s receptacle (the structure that supports grasses include wild oats (Avena fatua), protection to this . The Service the florets in the daisy-like flower head). Mediterranean barley (Hordeum seeks data and comments from the The plant is rigid with lateral branches hystrix), and bromes (Bromus sp.). public on this proposed rule. that arise to the height of the main stem Native associates include needlegrass DATES: Comments from all interested which is 1 to 5 decimeters (dm) (4 to 20 (Nassela sp.), California oatgrass parties must be received by May 29, inches (in)) tall. The lower leaves are (Danthonia californica), and herbaceous 1998. Public hearing requests must be broadly linear and up to 12 centimeters species, including other tarplants received by May 14, 1998. (cm) (5 in) long; the upper leaves are (Hemizonia sp.). At some locations, the ADDRESSES: Comments and materials smaller, with rolled back margins, and plant is found with species of concern, concerning this proposal should be sent are truncated by a distinctive craterform including Gairdner’s yampah Federal Register / Vol. 63, No. 60 / Monday, March 30, 1998 / Proposed Rules 15143

(Perideridia gairdneri), San Francisco scattered from Watsonville Airport to within the context of section 4(c)(2) popcorn flower (Plagiobothrys diffusus), Hall Road, eight kilometers (km) (five (now section 4(b)(3)) of the Act and of Santa Cruz clover (Trifolium miles (mi)) to the south-southeast. The the Service’s intention thereby to review buckwestiorum), and the Ohlone tiger names of the six populations are given the status of the plant taxa named beetle (Cicindela ohlone) (California here, followed by the population size therein. On June 16, 1976, the Service Natural Diversity Data Base (CNDDB) and (in parentheses) the year of the most published a proposed rule in the 1997). recent survey—Watsonville Airport, Federal Register (41 FR 24523) to Historically, Holocarpha macradenia 240,000 (1994); Harkins Slough, 15,000 determine approximately 1,700 vascular was known from ‘‘low dry fields about (1993); Apple Hill, 700 (1995); Struve plant species to be endangered species San Francisco Bay’’ (Jepson 1925). Slough, 1 (1994); Spring Hills Golf pursuant to section 4 of the Act. Around the San Francisco Bay, Course, 4,000 (1990); Porter Ranch, Holocarpha macradenia was included herbarium collections were made from 3,200 (1993). in the June 16, 1976 Federal Register Tamalipas in Marin County in 1934; The other six extant populations of document. from near Berkeley, Oakland, and San Holocarpha macradenia are a result of In 1978, amendments to the Act Lorenzo in Alameda County as early as experimental seed transplants in required that all proposals over two 1894; and from Pinole in Contra Costa Wildcat Regional Park in the east San years old be withdrawn. A 1-year grace County (CNDDB 1997, Specimen Francisco Bay area. The names of the six period was given to those proposals Management System for California populations are given here, followed by already more than 2 years old. Herbaria (SMASCH) 1997). All of the the population size; surveys were most Subsequently, on December 10, 1979, native recently completed in 1997—Big the Service published a notice (44 FR populations have been extirpated; the Belgum, 148; Big Belgum West, 51; 70796) of the withdrawal of the portion last remaining native population, Upper Belgum, 22; Mezue, 5,000’7,000; of the June 16, 1976, proposal that had known as the Pinole Vista population, Fowler, 22; Upper Havey, 17 (Olsen et not been made final, along with four consisting of 10,000 plants, was al. 1997). other proposals that had expired. The eliminated in 1993 by a commercial Holocarpha macradenia is threatened Service published an updated notice of development (California Department of primarily by historic and current habitat review for plants on December 15, 1980 Fish and Game (CDFG) 1997). alteration and destruction caused by (45 FR 82480). This notice included By 1959, Munz (1959) also noted it residential development. Destruction of Holocarpha macradenia as a category 1 from Santa Cruz County, but added that habitat may also result from recreational candidate (species for which data in the the plant was possibly extinct. However, development, airport expansion, and Service’s possession was sufficient to numerous collections were made from agriculture. Even where occupied support proposals for listing). the Monterey Bay area in Santa Cruz habitat has been set aside in preserves, On February 15, 1983, the Service County in the late 1950s and early conservation easements, and open published a notice (48 FR 6752) of its 1960s. In 1966 and 1969, Hoover made spaces, the plant suffers secondary prior finding that the listing of the first collections in northern impacts from that development, such as Holocarpha macradenia was warranted Monterey County, just south of the casual use by residents, children, and but precluded in accordance with Santa Cruz County line (SMASCH pets, the inadvertent introduction of section 4(b)(3)(B)(iii) of the Act as 1997). Additional populations were non-native species into tarplant habitat, amended in 1982. Pursuant to section found in Monterey County in the and changes in hydrology resulting from 4(b)(3)(C)(i) of the Act, this finding must subsequent decades, although the lack adjacent residential use. Santa Cruz be recycled annually, until the species of specific locational information on tarplant is also threatened by is either proposed for listing, or the herbarium labels makes it difficult to competition with non-native species petitioned action is found to be not determine exactly how many including a variety of grass species, warranted. Each October from 1983 populations occurred there. According French broom (Genista monspessulana), through 1990 further findings were to CNDDB, nine populations in Santa eucalyptus (Eucalyptus sp.), acacia made that the listing of Holocarpha Cruz and Monterey counties have been (Acacia decurrens, A. melanoxylon), macradenia was warranted, but that the extirpated by development (CDFG and artichoke thistle (Cynara listing of this species was precluded by 1993). Most recently, in 1993, a cardunculus) that are favored by other pending proposals of higher population in Watsonville (known as historic disturbances such as cattle priority. the Anna Street site) was destroyed grazing. This species is also threatened Holocarpha macradenia continued to during construction of office buildings by naturally occurring events due to the be included as a category 1 candidate in and a parking lot (CDFG 1995a). small numbers of individuals and plant notices of review published Holocarpha macradenia is currently limited area occupied by many of the September 27, 1985 (50 FR 39526), known from a total of 18 populations; populations. February 1, 1990 (55 FR 6184), and 12 of these are remaining native September 30, 1993 (58 FR 51144). populations, and 6 are a result of Previous Federal Action Upon publication of the February 28, experimental seedings. Six of the native Federal action on this plant began 1996 notice of review (61 FR 7596), the populations occur around the city of when the Secretary of the Smithsonian Service ceased using category Santa Cruz. The names of the six Institution, as directed by section 12 of designations and included Holocarpha populations are given here, followed by the Act, prepared a report on those macradenia as a candidate. Candidate the population size and (in native U.S. plants considered to be species are those for which the Service parentheses), the year of the most recent endangered, threatened, or extinct in the has on file sufficient information on survey—Graham Hill Road, 12,000 United States. This report (House Doc. biological vulnerability and threats to (1994); Twin Lakes, 0 (1997); Arana No. 94–51), was presented to Congress support proposals to list them as Gulch, 20,000 (1997); O’Neill/Tan, 2 on January 9, 1975, and included threatened or endangered. The 1997 (1993)/0 (1997); Winkle, 0 (1994); Holocarpha macradenia as endangered. notice of review, published September Fairway, 1,500 (1993). On July 1, 1975, the Service published 19 (62 FR 49398) retained Holocarpha The remaining six native populations a notice in the Federal Register (40 FR macradenia as a candidate, with a occur around the city of Watsonville, 27823) accepting the report as a petition listing priority of 2. 15144 Federal Register / Vol. 63, No. 60 / Monday, March 30, 1998 / Proposed Rules

The processing of this proposed rule population at what was referred to as The Twin Lakes site is owned by the conforms with the Service’s final listing the Anna Street site in Watsonville was California Department of Parks and priority guidance published in the destroyed sometime after a 1992 survey, Recreation (CDPR). The site has been Federal Register on December 5, 1996 during construction of office buildings fragmented by an access road for park (61 FR 64475), and extended on October and a parking lot (CDFG 1995a, CNDDB vehicles and several hiking paths. The 23, 1997 (62 FR 55268). The guidance 1997). population occupies less than 1 acre clarified the order in which the Service In the last four years, increasing and has declined as follows—120 processed rulemakings during fiscal concern over the loss of tarplant habitat individuals in 1986, fewer than 10 in year 1997. The guidance called for and populations have led certain 1994, 1 in 1996, and 0 in 1997. The giving highest priority (Tier 1) to permitting agencies to require decline has been attributed to handling emergency situations, second conservation of remaining habitat competition from French broom and highest priority (Tier 2) to resolving the during review of development projects. non-native grasses (CDFG 1995a; G. conservation status of outstanding Because of this, the rate of habitat Gray, ecologist, CDPR, pers. comm. proposed listings, and third priority destruction has been slowed. However, 1997). In the last three years, CDPR has (Tier 3) to new proposals to add species direct impacts and alteration through made progress in removing broom from to the lists of threatened and secondary effects of development the site. They also have experimented endangered plants and animals. This threaten the remaining habitat and with management actions that would proposed rule constitutes a Tier 3 populations. In many cases, historical enhance habitat for Holocarpha action. The 1997 listing priority alteration of habitat has been macradenia through mowing, raking, guidance remains in effect pending the exacerbated by current human activities. simulating cattle hoof action with wood publication of the Final Listing Priority A detailed description of the 12 blocks, and burning. The population, Guidance for FY 1998/FY 1999. remaining native sites is given here. however, has continued to decline. In Summary of Factors Affecting the Because the six seed transplant sites in 1997, CDPR committed significant Species Contra Costa County are not sites where funding to continue with experimental the plant was known to be native, the management actions (G. Gray, pers. Section 4 of the Act (16 U.S.C. 1531 threats to those sites are discussed comm. 1997). Holocarpha macradenia et seq.) and regulations (50 CFR part under ‘‘Factor E.’’ is threatened on this site by competition 424) promulgated to implement the Act The Graham Hill Road site is owned with non-native plants, and set forth the procedures for adding vulnerability to naturally occurring species to the Federal lists. A species by the Cowell Foundation. An events due to the small population size may be determined to be an endangered Environmental Impact Report (EIR) was and small extent of occupied habitat or threatened species due to one or more approved by the County of Santa Cruz (also see Factor E). of the five factors described in section in 1996 for a development that 4(a)(1). These factors and their comprises 52 residences, a fire station, The Arana Gulch population is on a application to Holocarpha macradenia a common area, a park, and an 63-acre parcel of land owned and are as follows: equestrian facility and trails on a 170- managed by the City of Santa Cruz acre parcel (Environmental Science (City). In the late 1980s, the population A. The Present or Threatened Associates 1996). The developer has comprised about 100,000 individuals. Destruction, Modification, or proposed to include 0.5 acre of Grazing by cattle was terminated in Curtailment of its Habitat or Range occupied tarplant habitat and 10 acres 1988, and over the next few years, Urbanization has been responsible for of coastal prairie habitat within a 17- population sizes decreased due to severely reducing the extent of coastal acre conservation easement. In addition competition with non-native grasses. In prairie habitat that supports Holocarpha to Santa Cruz tarplant, other species of 1993, the population was down to 133 macradenia. All native populations of concern occur here, including individuals, and in 1994, no individuals Holocarpha macradenia have been Gairdner’s yampah, San Francisco were seen. In 1994, the City acquired extirpated from Alameda, Contra Costa, popcorn flower, and Santa Cruz clover. the parcel from a private landowner. and Marin counties around the San In 1994, there were five colonies of The City entered into a Memorandum of Francisco Bay (CDFG 1997a). Habitat for tarplant, occupying less than one acre of Understanding (MOU) with CDFG in the last naturally occurring population habitat. One colony supported 10,000 1997 to focus on management actions in the San Francisco Bay area, near individuals and the other four that would enhance the four colonies, Pinole in Contra Costa County, was collectively supported 2,000 which cover approximately 5 acres converted to a shopping center in 1993 individuals. To date, the development within a 17-acre management area (CDFG 1997a, CNDDB 1997). The only has not proceeded because the (CDFG 1997b). Management actions populations that persist in this area are developer has been unable to negotiate begun in 1995 included mowing, raking, six populations that were transplanted a necessary sewage treatment hoeing, and mechanical scraping of the as seed into Wildcat Canyon Regional connection with the City of Scotts habitat. In 1997, when the population Park in Contra Costa County. Valley. The property and attendant EIR comprised about 20,000 individuals, the Since Holocarpha macradenia was are currently for sale. French broom has highest density of tarplant was on a listed as endangered by the State of invaded the coastal prairie habitat and portion of the habitat that had California in 1979, the (CDFG) has been is considered a threat to all four of the accidentally burned (K. Lyons, tracking the status of its populations. plant species of concern, including consultant, pers. comm. 1997). The City Because locality information on Santa Cruz tarplant (Environmental is proposing to construct a bicycle path historical collections is often general, it Science Associates 1995). Holocarpha that would bisect the management area is difficult to assess the total number of macradenia is threatened on this site by (Brady and Associates, Inc. 1997). Direct historical populations. However, CDFG development, competition with non- impacts to occupied Santa Cruz tarplant has determined that the plant has been native plants, and vulnerability to habitat would be avoided, but secondary extirpated from nine locations around naturally occurring events due to the impacts associated with increased the Monterey Bay since 1979 (CDFG small extent of occupied habitat (also recreational use may make management 1993, CNDDB 1997). Most recently, a see Factor E). more difficult. Holocarpha macradenia Federal Register / Vol. 63, No. 60 / Monday, March 30, 1998 / Proposed Rules 15145 is threatened on this site by native plants. Invasive non-native plants grass (Cortaderia jubata), and development and competition with non- in the vicinity of the tarplant include eucalyptus (Eucalyptus globulus), have native plants (also see Factor E). French broom, rattlesnake grass (Briza invaded the grasslands and are rapidly The O’Neill/Tan Ranch population sp.), and eucalyptus (HRG 1996). spreading. In 1996, the County straddles the boundary of two parcels. Holocarpha macradenia is threatened approved a lot split into four parcels, The O’Neill Ranch property is owned on the combined O’Neill/Tan site by with the condition that the coastal by the County Redevelopment Agency development, competition with non- terrace prairie habitat be placed in a (CRA). In 1996, the County approved native plants, and vulnerability to preservation easement of approximately development of the 100-acre property naturally occurring events due to the 15 acres, and a management plan be into a county park. The tarplant is small population size and small extent developed and implemented (K. located in the upper reaches of the park of occupied habitat (also see Factor E). Tschantz, pers. comm. 1997). where past recreational use has The Winkle Avenue site is privately Holocarpha macradenia is threatened consisted of occasional hiking. A park owned. Part of the tarplant population on this site by competition with non- management plan is currently being at this site was destroyed by two phases native plants and by its vulnerability to developed, and will include the of a residential development in 1986, naturally occurring events due to small population of tarplant in a 15-acre and part of the remaining parcel was population size and small extent of conservation easement which is zoned placed in a ‘‘temporary open space occupied habitat (also see Factor E). for ‘‘passive recreation.’’ The plan may easement’’ (Strelow Consulting 1997). Around the city of Watsonville, six recommend fencing around 1 acre of However, the remaining 58-acre parcel native populations of Santa Cruz tarplant habitat in lieu of trying to is now also being proposed for tarplant are scattered from Watsonville restrict hikers to designated trails (S. development of 21 residential units Airport to Hall Road, eight kilometers Gilchrist, CRA, pers. comm. 1997). (Parsons Engineering Science, Inc. (km) (five mi) to the south-southeast. Although the site receives light use 1997). Approval by the County of Santa The Watsonville Airport site, owned by currently, development of the Tan Cruz is pending; the planning the City of Watsonville, supports the property will allow easier access to a department will recommend that the largest population of Santa Cruz larger number of people. The County development be limited to 10 residential tarplant. In 1993, the population was hopes to establish a cooperative units, with the remaining 11 lots to be estimated to be 459,000 plants; in 1994, management strategy with the placed in a preservation easement (K. it was estimated to be 240,000 plants developers to address management of Tschantz, County of Santa Cruz (CNDDB 1997). Portions of the 37-acre this population. The size of the Planning Department, pers. comm. site are grazed, and other portions are Holocarpha macradenia population has 1997, CDFG in litt. 1997). In 1993, the mowed several times between late fluctuated since 1979 as follows— tarplant population consisted of spring and late summer. This between 100 to 200 plants (1979); 0 approximately 100 plants covering 174 management appears to have benefitted (1984); 0 (1985); 170 (1986); 0 (1990); square feet (Parsons Engineering the Santa Cruz tarplant by reducing 170 (1991) and 2 (1993) (Brady and Science, Inc 1997); in 1994, none were competition from non-native species. In Associates 1995). Santa Cruz clover and seen (CDFG 1995). In addition to 1994, the City released an initial study Gairdner’s yampah are two sensitive development, the population on this site for proposed clay mining and a 20-year species that occur with the tarplant at has been subject to competition with airport expansion plan. Both activities this site. French broom and non-native grasses. would potentially reduce tarplant The size of the Holocarpha This site also supports populations of habitat (Denise Duffy & Associates macradenia population on the Tan the Ohlone tiger beetle and Gairdner’s 1994). Since then, the proposal to mine parcel is difficult to determine, as yampah, both species of concern. clay has been removed from historic surveys did not count Holocarpha macradenia is threatened consideration due to permitting individuals separately from those on the on this site by development, complications. CDFG has been working O’Neill parcel. However, because the competition with non-native plants, and with City representatives to formalize an total number of individuals in the entire vulnerability to naturally occurring agreement to use ongoing management population has never been larger than events due to the small population size activities to enhance tarplant habitat, 200, it can be inferred that the Tan and small extent of occupied habitat but a final agreement has not been parcel supported only a portion of these. (also see Factor E). reached. CDFG has also been working In 1996, only one tarplant individual The Fairway Drive site is privately with City representatives to develop a was seen (Val Haley, consultant, in litt. owned. In 1989, the 30-acre parcel strategy to phase airport expansion over 1997); in 1997 no individuals were seen supported a population of a number of years so that loss of tarplant (K. Lyons, pers. comm. 1997). The approximately 5,000 plants on less than habitat would be minimized. coastal prairie habitat on this parcel also one acre. At the time, the site was Holocarpha macradenia is threatened supports Gairdner’s yampah and Santa considered a ‘‘well preserved fragment on this site by development and Cruz clover, both species of concern. of native grassland’’ that supported competition with non-native plants The 106-acre Tan property is privately native bunchgrasses (California oatgrass (also see Factor E). owned, and was approved for and purple needlegrass (Nassella The Harkins Slough site is privately development of 28 residential units in pulchra)) as well as several species of owned. In 1993, the population 1997. The habitat mitigation plan for the concern, including Gairdner’s yampah consisted of about 15,000 plants in two development calls for the inclusion of and San Francisco popcorn flower colonies, one covering 1 acre, and the approximately 0.4 acres that support (CNDDB 1997). Grazing by horses other 0.1 acre in size. Cattle grazing was tarplant in a 10.5-acre conservation ceased in that year. In 1993, the discontinued in 1990. Current uses of parcel that will be managed by the population was approximately 1,500 the property include fava bean homeowner’s association (HRG 1996). plants (CDFG 1995a, Greening production. Due to limited access to the The plan also includes management Associates 1995); the decline has been property, the current status of the prescriptions for the conservation attributed to cessation of grazing. population is unknown. In anticipation parcel, including mowing, weed control, Several woody non-native species, of developing residences and a golf fencing, and removal of invasive non- including French broom, acacia, pampas course, the owners requested that the 15146 Federal Register / Vol. 63, No. 60 / Monday, March 30, 1998 / Proposed Rules property be annexed to the City of wetlands, has held up the development. In summary, development, with its Watsonville in 1997. However, due to A revised EIR is due to be released soon. associated effects, is a primary threat to the public’s concern over the loss of The CDFG has expressed an interest in Holocarpha macradenia. Six of the 12 prime agricultural land in the area, the enlisting the property owners in remaining native populations are on city council turned down the request. In conservation efforts, but no agreements privately owned lands that are currently 1997, CDFG approached the owners have yet been reached (D. Hillyard, or anticipated to be proposed for urban with a proposal to assist in conservation plant ecologist, CDFG, pers. comm. development (Graham Hill Road, the efforts; no agreements have been 1997). Holocarpha macradenia is Tan portion of O’Neill/Tan, Winkle reached yet. Holocarpha macradenia is threatened on this site by development, Avenue, Fairway Drive, Harkins Slough, threatened on this site by vulnerability competition with non-native plants, and and Struve Slough); 1 is on a site slated to naturally occurring events due to the vulnerability to naturally occurring for a phased, 20-year airport expansion small population size and small extent events due to the small population size (Watsonville Airport); and 3 are subject of occupied habitat (see Factor E) and and small extent of occupied habitat to secondary effects of adjacent possibly by development. (also see Factor E). residential development (Arana Gulch, The Apple Hill site is owned by the The Spring Hills Golf Course (Course) Twin Lakes, Apple Hill). Although 7 of California Department of Transportation site is privately owned. In 1989, Santa the 12 sites include plans for (CALTRANS). The population used to Cruz tarplant was observed growing in conservation of Holocarpha comprise three colonies, but two were five separate colonies scattered over 13 macradenia, either through extirpated by construction of a housing acres in unlandscaped patches between development-related mitigation, or by development on the adjacent private the course’s fairways. The distribution virtue of being on City, County, or State property. The remaining colony occurs of the colonies suggests that additional agency lands, the successful in a strip between the development and habitat for the tarplant was altered by implementation of these plans has not Highway 152; the strip has been used as conversion to fairway. In 1989 and been demonstrated. In particular, the a play area for local children and pets, 1990, the largest colony supported 2,000 size and quality of conservation areas a repository for yard waste, and as a to 3,000 plants, and the other four and management actions prescribed short-cut to the local market (CDFG colonies supported between 100 and through the environmental review 1994; G. Smith, resource ecologist, 400 plants each (CNDDB 1997). The process (see Factor D) may not be CDPR, pers. comm 1997). CALTRANS tarplant was last observed at this site in biologically adequate to meet the goal of had proposed moving a fence along the 1995; at that time, no population size long-term conservation of the species. In highway such that it would offer estimates were made, but it appeared addition, conservation areas where additional protection to the remaining that all colonies were still present (B. Holocarpha macradenia populations are colony. However, due to internal Davilla, pers. comm. 1997). In 1997, small in numbers, small in area, whose reorganization and changes in staffing CDFG approached representatives of the habitat is degraded, or that continue to within CALTRANS, this action has not Course and expressed an interest in receive secondary effects of adjacent been taken yet (G. Ruggerone, enlisting them in conservation efforts. human activities, become more CALTRANS, pers. comm. 1997). The To date, however, no agreements have vulnerable to extirpation from naturally population size has fluctuated between been made (D. Hillyard, pers. comm. occurring events (see Factor E). 4,000 in 1986 down to 81 in 1994. In the 1997). The threats to Holocarpha most recent count in 1995, the macradenia on this site are uncertain. B. Overuse for Commercial, population supported 700 individuals The Porter Ranch site is privately Recreational, Scientific, or Educational (CNDDB 1997). Holocarpha macradenia owned. Taylor noted that this site is Purposes is threatened on this site by unusual in that the Holocarpha Overutilization is not known to be a development and by vulnerability to macradenia population is primarily in problem for this species. naturally occurring events due to the the bottom of a small canyon, rather C. Disease or Predation. small population size and small extent than on the adjacent terrace or upper of occupied habitat (also see Factor E). slope (Taylor 1990). The population is Disease is not known to be a problem The Struve Slough site is privately scattered over approximately 10 acres. for this species. Predation by cattle, owned. In the late 1980s, it supported Between 1984 and 1993, population livestock, or other wildlife species is not one of the largest populations of Santa sizes fluctuated between 1,500 plants in known to occur, and is unlikely given Cruz tarplant, occupying 4 acres and 1984 and 43,000 in 1989 (CNDDB 1997). that the oil glands of mature Holocarpha comprising 400,000 plants in 1989 The most recent population estimate in macradenia would make it unpalatable. (CDFG 1995). However, cattle grazing on 1993 was 3,200 plants. The site is Whether very young plants are subject the site was terminated in 1989, and grazed by cattle; apparently different to predation prior to maturation of oil since then, the population size has patches of Holocarpha macradenia have glands is unknown. dropped precipitously. The site is now been grazed with varying intensities (M. Grazing by cattle has altered habitat dominated by non-native wild oat Silverstein, Elkhorn Slough Foundation, for Holocarpha macradenia at a number (Avena sp.), prickly lettuce (Picrus pers. comm. 1997). Morgan noted that of sites (Arana Gulch, O’Neill/Tan, echioides), and fennel (Foeniculum there were fewer than 100 plants in Watsonville Airport, Harkins Slough, vulgare), which outcompete the tarplant 1996 within a cattle exclosure where Struve Slough, Porter Ranch, and all six (CDFG 1995). By 1993 and 1994, only there had previously been many more seed transplant populations in Wildcat one tarplant individual was observed. plants (R. Morgan, pers. comm. 1997). Regional Park ). Prior to the spread of The Santa Cruz long-toed salamander The owners are interested in developing non-native annual grasses in the valleys (Ambystoma macrodactylum croceum), management plans in conjunction with and foothills of California, the openings a federally endangered species, has also The Nature Conservancy that would between perennial grasses in grassland been documented from this site. An EIR address appropriate grazing levels to and oak woodland communities were for a housing development at this site benefit the tarplant (CDFG 1994, M. probably occupied by native herbs was approved by the City of Watsonville Silverstein, pers. comm. 1997). The (Barbour et al. 1993). Grazing alters the in 1992. However, a requirement to add threats to Holocarpha macradenia on species composition of grasslands in a fire road, which would cross regulated this site are uncertain. several ways. The hooves of cattle create Federal Register / Vol. 63, No. 60 / Monday, March 30, 1998 / Proposed Rules 15147 sufficient soil disturbance to allow the 2080, in the past these statutes have not impacts on the resource will be establishment of non-native species, provided adequate protection for such completely mitigated and that there is intensive grazing eliminates native plants from the impacts of habitat no feasible less-damaging alternative; species through selective foraging and modification and land use change. For and (c) legally necessary to allow a favors the establishment of non-native example, under CNPPA, after CDFG reasonable economic use of the land, species, and cattle act as dispersal notifies a landowner that a State-listed and there is no feasible less-damaging vectors for non-native species (Heady plant grows on his or her property, the alternative.’’ (Santa Cruz County 1994). 1977; Sauer 1988, Willoughby 1986). statute requires only that the landowner The County has attempted to protect Once non-native species become notify the agency ‘‘at least 10 days in Santa Cruz tarplant during review of established, they compete with native advance of changing the land use to proposals for development that fall herbs and grasses for water, nutrients, allow salvage of such plant’’ (CNPPA, under their purview by establishing and light. Because non-native grasses Division, 2, Chapter 10, section 1913). conservation easements volunteered by are prolific seeders, they continue to Under recent amendments to CESA, a the project applicant, or preservation increase in abundance at the expense of permit under section 2081(b) of the easements requested of the applicant by the native taxa. CDFG Code is required to ‘‘take’’ State the County. To date, these include Once habitat for Holocarpha listed species incidental to otherwise development projects at the following macradenia has been altered by grazing lawful activities. The amendments sites—Graham Hill Road, O’Neill, Tan, and the proliferation of non-native require that impacts to the species be Winkle, and Fairway Drive. These plants, continued grazing may be fully mitigated. However these new easements typically set aside all or most deleterious or beneficial to the requirements have not been tested and of the occupied habitat of Holocarpha persistence of the species. The effects of several years will be required to macradenia and provide for continued grazing on Holocarpha evaluate their effectiveness. implementation of management plans macradenia depend on many factors, The California Environmental Quality for the attendant coastal prairie habitat. including the current condition of the Act (CEQA) requires a full disclosure of Despite these efforts, however, the site, the timing, and the amount of the potential environmental impacts of easements cover small remnant acreages grazing. In some cases, light to moderate proposed projects. The public agency that represent only a fragment of the grazing will remove sufficient biomass with primary authority or jurisdiction original coastal prairie habitat that used of non-native grasses to allow over the project is designated as the lead to occur in the region, and intensive Holocarpha macradenia to persist agency, and is responsible for management will be needed to support (CDFG 1995a, CDFG 1995b). For conducting a review of the project and Holocarpha macradenia on these sites. example, a combination of mowing and consulting with the other agencies Since Holocarpha macradenia was grazing has probably favored the concerned with the resources affected listed by the State in 1979, CDFG has persistence of Holocarpha macradenia by the project. Section 15065 of the been tracking the status of its at the Watsonville Airport site. The CEQA Guidelines requires a finding of decline of Holocarpha macradenia on significance if a project has the potential populations. Concern increased in the the Struve Slough site has been to ‘‘reduce the number or restrict the late 1980s and early 1990s when it attributed to the cessation of grazing range of a rare or endangered plant or became apparent that native (CDFG 1995a, Taylor 1990). On the animal.’’ Species that are eligible for populations were being destroyed by other hand, heavy grazing is most likely State listing as rare, threatened, or development, both in the San Francisco responsible for the decline or restriction endangered, but are not so listed, are Bay area and the Monterey Bay area. In in Holocarpha macradenia population given the same protection as those 1993 and 1995, CDFG hosted three sizes at the Arana Gulch, Tan, and species that are officially listed with the Holocarpha macradenia recovery portions of the Porter Ranch sites State or Federal governments. Once workshops to review the status of the (CNDDB 1997, CDFG 1995a), as well as significant effects are identified, the species and attendant populations, and one of the seed transplant populations lead agency has the option to require to identify needed actions to conserve (Big Belgum) in Wildcat Canyon mitigation for effects through changes in the species. As a result of these Regional Park (CDFG 1995b). the project or to decide that overriding workshops, CDFG developed a MOU Because cattle grazing has frequently considerations make mitigation with the City of Santa Cruz addressing resulted in increasing the abundance of infeasible. In the latter case, projects management of the population at Arana non-native species, competition with may be approved that cause significant Gulch, initiated discussion with the City these non-natives is typically a problem. environmental damage, such as of Watsonville regarding the Additional discussion on this issue is destruction of endangered species. development of a MOU for management found under Factor E of this rule. Protection of listed species through of the Watsonville Airport site, provided CEQA is, therefore, dependent upon the funding for management of several D. The Inadequacy of Existing discretion of the agency involved. populations (including those at Arana Regulatory Mechanisms The County of Santa Cruz recently Gulch and at Wildcat Regional Park), The CDFG Commission listed revised its Local Coastal Program and and developed a conservation plan for Holocarpha macradenia as an General Plan (Santa Cruz County 1994). the species, including a list of four endangered species in 1979 under the Under this plan, ‘‘grasslands in the priority sites to target for conservation. California Native Plant Protection Act coastal zone’’ are identified as one of a Efforts to enlist the four property (CNPPA) (Div. 2, chapter 10 sec. 1900 et number of Sensitive Habitats. Uses owners to conserve the species are seq. of the CDFG Code) and the allowed within Sensitive Habitat areas pending. California Endangered Species Act are restricted to those that are E. Other Natural or Manmade Factors (CESA) (Division 3, Chapter 1.5 sec. dependent on the habitat’s resources Affecting Its Continued Existence 2050 et seq.). Although the ‘‘take’’ of unless other uses are ‘‘(a) consistent State-listed plants has long been with protection policies and serve a Three additional factors threaten the prohibited under the CNPPA, Division specific purpose beneficial to the continued existence of Holocarpha 2, Chapter 10, section 1908 and the public; (b) it is determined through macradenia—limited success of CESA, Division 3, Chapter 1.5, section environmental review that any adverse transplant efforts, competition with 15148 Federal Register / Vol. 63, No. 60 / Monday, March 30, 1998 / Proposed Rules non-native plants, and extinction populations means that these transplant the 1930s, 70,000 acres in the hills caused by naturally occurring events. sites have a limited value for around the east and north side of San In Factor A above, detailed accounts maintaining the viability of the species Francisco Bay were infested with the were given of the 12 remaining native compared to the native populations. The artichoke thistle (Ball in Thomsen et al. populations of Holocarpha macradenia. seeded populations of tarplant are 1986). The other six extant populations of threatened to some extent by Starting in 1996, the Regional Park, Holocarpha macradenia are a result of competition with artichoke thistle and with the County of Alameda, initiated experimental seed transplants. A brief non-native grasses. an artichoke thistle removal program summary of these transplanted One of the most prevalent forms of using herbicides. Although sites that populations is warranted. In 1911, habitat alteration occurring within the support tarplant are a priority for Jepson referred to Holocarpha coastal prairie habitat of Santa Cruz artichoke thistle removal, the macradenia as being ‘‘abundant’’ in tarplant is the conversion of the flora abundance of artichoke thistle in west Berkeley and Oakland (Havlik from one comprised primarily of native adjacent areas facilitates 1986). Due to loss of habitat to grasses to one comprised primarily of reestablishment into already treated urbanization, Munz (1959) considered non-native grasses. As discussed in areas. the taxon ‘‘possibly extinct.’’ Therefore, factors A and C above, the conversion of Non-native grasses also occur with when several populations were found native habitats to grazing lands tarplant at the six seed transplant sites. near Pinole and Richmond in Contra enhances the opportunity for non-native All six sites are also grazed by cattle. If Costa County in the late 1970s and early grasses to be introduced and non-native grasses become too 1980s, botanists placed a high priority disseminate into the surrounding areas. abundant, they outcompete the tarplant. on establishing additional populations Because many non-native grasses Cattle grazing decreases the abundance to forestall extinction. Experiments were germinate early and seed prolifically, of non-native grasses; however, at one of carried out to establish new populations they may quickly gain a competitive the sites (Big Belgum), an increase in by seeding what was thought to be advantage over native grasses (Heady cattle grazing was thought to be the appropriate habitat (Havlik 1986). Most 1977, McClintock 1986). Field survey cause of a declining tarplant population of the transplants were done at Wildcat reports show that non-native grasses (CDFG 1995b). Canyon Regional Park, which straddles have become prevalent, and thus French broom is another non-native Alameda and Contra Costa counties, but represent a potential threat, at the species that threatens Holocarpha several transplants were on lands following sites for Holocarpha macradenia. French broom is very owned and managed by East Bay macradenia—Arana Gulch, Twin Lakes, aggressive, spreads rapidly, and easily Municipal Utility District (EBMUD). Tan, Watsonville Airport, Harkins colonizes disturbed areas such as Havlik (1989) reviewed results from Slough, Struve Slough, Spring Hills, roadsides and recently cleared land. the first seven years of seed transplants Porter (CNDDB 1997, Taylor 1990). Like artichoke thistle, French broom can and discussed how habitat The Struve Slough site, which until eventually form dense thickets that characteristics, including soil type, 1989 supported one of the largest displace native vegetation (Habitat grazing pressure (cattle), and occurrence populations of Santa Cruz tarplant, is Restoration Group (HRG) n.d.). French within the coastal fog belt, may have currently dominated by non-native broom occurs at the following sites that affected transplant success. Initial data species, primarily wild oat, prickly support Holocarpha macradenia— suggested that populations exposed to lettuce, and wild fennel. Before 1989, Arana Gulch, Graham Hill Road, Twin moderate grazing pressure were larger grazing by cattle had favored the Lakes, Tan, and Fairway Drive (CDFG than those exposed to low grazing presence of ryegrass (Lolium 1997, HRG 1996). pressure. From 1982 to 1986, a total of multiflorum) and quaking grass (Briza So much of the coastal prairie habitat 22 seed transplants was attempted maxima) on the site; cattle grazing was that supports Holocarpha macradenia within Wildcat Regional Park and on removed in 1989. Although a seed bank has been altered, fragmented, or EBMUD land. Most of the sites have for Santa Cruz tarplant still exists on the destroyed that most of the remaining been monitored annually since then. In site, the plant has not been seen since habitat supports only very small 1989, 3 sites supported over 3,000 1994. populations, both in numbers of plants; two had over 1,000 plants; The seeded populations of tarplant individuals and in acreage. Species with eleven had over 100 plants; 2 had over are also threatened to some extent by few populations and individuals are 10 plants; and 4 had no plants. competition with non-native species, vulnerable to the threat of naturally By 1993, 1 site (referred to as Mezue) particularly artichoke thistle and non- occurring events causing extinction in supported a population of 6,400 plants; native grasses. This thistle, the wild several ways. First, the loss of genetic 4 had fewer than 300 plants; 2 had variety of the edible artichoke, modifies diversity may decrease a species’ ability fewer than 100 plants; 10 had no plants; habitat for the tarplant by virtue of its to maintain fitness within the and 3 sites could not be relocated large size, its allelopathic properties environment, often manifested in (CDFG 1994). By 1997, the Mezue site (chemical inhibition of growth of other depressed reproductive vigor. Secondly, supported between 5,000 and 7,000 plants), and by creating shade (Kelley species with few populations or plants; 1 had fewer than 300 plants; 4 and Pepper, in press). Other weedy individuals may be subject to forces that had fewer than 100 plants; and 7 had no characteristics of the artichoke thistle affect their ability to complete their life plants. Most of the remaining sites were include its ability to resprout vigorously cycle successfully. For example, the loss not checked since previous multiple- from a perennial taproot, extended of pollinators may reduce successful year monitoring indicated that plants flowering, seed production, and seed set. Thirdly, random, natural had disappeared from those sites. germination seasons, and the ability to events, such as storms, drought, or fire Although the information gathered germinate and grow rapidly in a variety could destroy a significant percentage of from these seed transplant trials has of environmental conditions (Kelley and a species’ individuals or entire been valuable for understanding the life Pepper, in press). Apparently, artichoke populations. Also, the restriction of history of the plant and how it responds thistle was introduced to the area certain populations to small sites to various types of management, the around Benicia, only a few miles north increases their risk of extinction from limited success of establishing viable of the Regional Park, in the 1880s; by naturally occurring events. Of the 12 Federal Register / Vol. 63, No. 60 / Monday, March 30, 1998 / Proposed Rules 15149 native sites, the Watsonville Airport site these sites. Therefore, the preferred threat to the species, or (ii) such is the largest, supporting 200,000 to action is to list Holocarpha macradenia designation of critical habitat would not 400,000 plants on 37 acres. The Struve as threatened. Critical habitat is not be beneficial to the species. The Service Slough site formerly supported 400,000 being proposed for Holocarpha finds that designation of critical habitat individuals on 4 acres, but had declined macradenia for the reasons discussed for the Santa Cruz tarplant is not to a single individual in 1994. The below. prudent because it would provide no additional benefit to the species beyond Spring Hills Golf Course site supports Critical Habitat up to 3,500 plants on 13 acres. The that conferred by listing it as threatened. Porter Ranch site used to support 43,000 Critical habitat is defined in section The basis for this conclusion, including plants on 10 acres, but the population 3(5)(A)of the Act as (i) the specific areas the factors considered in weighing the had declined to fewer than 100 plants within the geographical area occupied benefits against the risks of designation, in 1996. The Arana Gulch site by a species, at the time it is listed in is provided below. supported 20,000 plants on 5 acres in accordance with the Act, on which are As discussed above, 8 out of 12 extant 1997. The remaining seven native sites found those physical or biological native populations occur predominantly support approximately 1 acre or less of features (I) essential to the conservation on private land, and 4 are on City, occupied habitat; of these, at least two of the species and (II) that may require County or State land. Because Santa (Twin Lakes, Tan) had no plants in special management considerations or Cruz tarplant is State-listed, activities 1997. Of the 6 seed transplant sites in protection; and (ii) specific areas occurring on these private and public Wildcat Canyon Regional Park in the outside the geographical area occupied lands are subject to State regulations. east San Francisco Bay area, 1 by a species at the time it is listed, upon For populations that occur within Santa supported a population of 6,000 to 7,000 a determination that such areas are Cruz County outside of City limits individuals, and the remaining 5 essential for the conservation of the (Graham Hill Road, O’Neill/Tan, supported between 17 and 148 species. ‘‘Conservation’’ means the use Winkle, Fairway Drive, Harkins Slough, individuals. Olsen estimates that each of of all methods and procedures needed Struve Slough, Spring Hills Golf these sites covers 1 to 3 acres, and that to bring the species to the point at Course), activities are also subject to the total area of all six sites is between which listing under the Act is no longer ordinances through the Local Coastal 10 and 20 acres (B. Olsen, biologist, necessary. Program and General Plan. The Porter Section 4(a)(3) of the Act, as EBRPD, pers. comm. 1997). Ranch population is subject to amended, and implementing regulations ordinances through the County of The Service has carefully assessed the (50 CFR 424.12(a)) require that, to the Monterey. Because there is no Federal best scientific and commercial maximum extent prudent and assistance to, or regulation of activities information available regarding the past, determinable, the Secretary designate (i.e., a Federal nexus) on these privately present, and future threats faced by this critical habitat at the time a species is owned sites, designation of critical taxon in determining to propose this determined to be endangered or habitat would provide no benefit to the rule. Based on this evaluation, the threatened. Critical habitat for Santa Santa Cruz tarplant in addition to that preferred action is to list Holocarpha Cruz tarplant is determinable. Although provided by listing. Federal macradenia (Santa Cruz tarplant), as additional information would be useful, involvement, should it occur, would be threatened. This species is likely to sufficient information concerning the identified without the designation of become endangered within the physical and biological features of the critical habitat because interagency foreseeable future throughout all or a tarplant’s habitat exists to determine coordination requirements (e.g. Fish and significant portion of its range due to critical habitat (CNDDB 1997, CDFG Wildlife Coordination Act and the habitat alteration and destruction 1995a, CDFG 1995b, Palmer 1986). Endangered Species Act) are already in resulting primarily from urban and Critical habitat can be designated for place. Designating critical habitat would commercial development, invasion of suitable, but unoccupied, habitat of not create a management plan for the its habitat by non-native vegetation due listed species. There are no plant, establish goals for its recovery, to cattle grazing, limited success of seed opportunities to do so for the Santa Cruz nor directly affect areas not designated transplant populations, competition tarplant because sites where it as critical habitat. Additionally, the with non-native plants, and historically occurred have all been designation of critical habitat, which vulnerability to naturally occurring rendered unsuitable. Sites where plants does not affect private landowners, may events due to low numbers of have been regularly seen, but not on the distract these landowners from, or individuals. Although a few of the most recent inspection, are assumed to discourage their participation in State remaining native populations are on have viable seed banks, and cannot be and local conservation programs. City, County, or State-owned lands, considered ‘‘unoccupied.’’ Similarly, Landowner participation in these most of them are on private lands. because the six seed transplant programs is essential to the long term Conservation efforts to date have shown populations on park land (owned by conservation and recovery of the Santa that this species may be maintained by East Bay Regional Parks District) have Cruz tarplant. Designation of critical applying intensive management been at best moderately successful, the habitat on private land would therefore techniques. These efforts will be most Service is unable to conclude that these not merely provide no benefit to the effective on sites where acreage of sites are suitable to the plant. The tarplant, but would actually create a remaining habitat is large, support transplant sites thus are not appropriate needless risk. naturally large populations, and are for designation as critical habitat. For the 4 native populations on City, secure from threats. Although Service regulations (50 CFR County, or State lands, policies of the conservation efforts have been 424.12(a)(1)) state that designation of various agencies involved regarding prescribed as part of mitigation for a critical habitat is not prudent when one protection and conservation of sensitive number of development projects, the or both of the following situations species apply. The Twin Lakes small acreage, small population sizes, exist—(i) the species is threatened by population is on park land owned by and physical proximity of threats lessen taking or other human activity, and CDPR; the Arana Gulch population the chance that such efforts will lead to identification of critical habitat can be occurs on park land owned by the City secure, self-sustaining populations at expected to increase the degree of such of Santa Cruz. The Apple Hill 15150 Federal Register / Vol. 63, No. 60 / Monday, March 30, 1998 / Proposed Rules population occurs on land owned by listed species or its critical habitat, the that few trade permits would ever be CALTRANS. The Watsonville Airport responsible Federal agency must enter sought or issued because this species is population is owned by the City of into formal consultation with the not in cultivation or common in the Watsonville. In addition to these four Service. No Federal agency involvement wild. Requests for copies of the populations, a portion of the O’Neill/ has been identified at this time. regulations on listed species and Tan population occurs on park land Listing of this plant as threatened will inquiries about prohibitions and permits owned by the County of Santa Cruz. All provide for the development of a may be addressed to the U.S. Fish and of these populations are currently recovery plan. Such a plan will bring Wildlife Service, Portland Regional recognized for conservation purposes by together Federal, State, and local efforts Office, 911 NE 11th Avenue, Portland, their managers, or progress is being for its conservation. The plan will Oregon 97232–4181 (telephone 503/ made toward such recognition (as at establish a framework for cooperation 231–6131, FAX 503/231–6243). Watsonville Airport). There is currently and coordination in recovery efforts. The Service adopted a policy on July no Federal nexus at any of these sites. The plan will set recovery priorities and 1, 1994 (59 FR 34272), to identify to the A Federal nexus could emerge at the estimate costs of various tasks necessary maximum extent practicable at the time airport if federally-funded construction to accomplish them. It also will describe a species is proposed for listing those is proposed, but the airport population’s site-specific management actions activities that would or would not importance to the conservation of the necessary to achieve conservation and constitute a violation of section 9 of the species (it is the largest population in survival of Holocarpha macradenia. Act. The intent of this policy is to existence) assures that virtually any The Act and its implementing increase public awareness of the effect adverse effect at the airport would very regulations set forth a series of general of the listing on proposed and ongoing likely jeopardize the continued prohibitions and exceptions that apply activities within a species’ range. The existence of the Santa Cruz tarplant. to all threatened plants. All prohibitions Service believes that, based upon the Thus, designation of critical habitat at of section 9(a)(2) of the Act, best available information, the following any of the publicly-owned sites would implemented by 50 CFR 17.71 for actions will not result in a violation of provide no additional benefit. threatened plants, applies. These section 9, provided these activities are prohibitions, in part, make it illegal for carried out in accordance with existing Available Conservation Measures any person subject to the jurisdiction of regulations and permit requirements: Conservation measures provided to the United States to import or export, (1) Activities authorized, funded, or species listed as endangered or transport in interstate or foreign carried out by Federal agencies (e.g., threatened under the Act include commerce in the course of a commercial grazing management, agricultural recognition, recovery actions, activity, sell or offer for sale in interstate conversions, land use activities that requirements for Federal protection, and or foreign commerce, or remove and would significantly modify the species’ prohibitions against certain practices. reduce to possession the species from habitat, wetland and riparian habitat Recognition through listing results in areas under Federal jurisdiction. In modification, flood and erosion control, public awareness, and conservation addition, for plants listed as residential development, recreational actions by Federal, State, and local endangered, the Act prohibits the trail development, road construction, agencies, private organizations, and malicious damage or destruction on hazardous material containment and individuals. The Act provides for areas under Federal jurisdiction and the cleanup activities, prescribed burns, possible land acquisition and removal, cutting, digging up, or pesticide/herbicide application, cooperation with the States and requires damaging or destroying of such plants pipelines or utility line crossing suitable that recovery actions be carried out for in knowing violation of any State law or habitat,) when such activity is all listed species. The protection regulation, including State criminal conducted in accordance with any required of Federal agencies and the trespass law. Section 4(d) of the Act reasonable and prudent measures given prohibitions against certain activities allows for the provision of such by the Service according to section 7 of involving listed plants are discussed, in protection to threatened species through the Act; or when such activity does not part, below. regulation. This protection may apply to occur in habitats suitable for the Section 7(a) of the Act, as amended, Holocarpha macradenia in the future if survival and recovery of Holocarpha requires Federal agencies to evaluate regulations are promulgated. Seeds from macradenia and does not alter the their actions with respect to any species cultivated specimens of threatened hydrology or habitat supporting this that is proposed or listed as endangered plant species are exempt from these plant. or threatened and with respect to its prohibitions provided that their (2) Casual, dispersed human activities critical habitat, if any is being containers are marked ‘‘Of Cultivated on foot or horseback (e.g., bird designated. Regulations implementing Origin.’’ Certain exceptions to the watching, sightseeing, photography, this interagency cooperation provision prohibitions apply to agents of the camping, hiking). of the Act are codified at 50 CFR part Service and State conservation agencies. (3) Activities on private lands 402. Section 7(a)(4) requires Federal The Act and 50 CFR 17.62, 17.63, and (without Federal funding or agencies to confer with the Service on 17.72 also provide for the issuance of involvement), such as grazing any action that is likely to jeopardize permits to carry out otherwise management, agricultural conversions, the continued existence of a species prohibited activities involving wetland and riparian habitat proposed for listing or result in endangered or threatened plant species modification (not including filling of destruction or adverse modification of under certain circumstances. Such wetlands), flood and erosion control, proposed critical habitat. If a species is permits are available for scientific residential development, road listed subsequently, section 7(a)(2) purposes and to enhance the construction, pesticide/herbicide requires Federal agencies to ensure that propagation or survival of the species. application, and pipelines or utility activities they authorize, fund, or carry For threatened plants, permits also are lines crossing suitable habitat. out are not likely to jeopardize the available for botanical or horticultural (4) Residential landscape continued existence of the species or exhibition, educational purposes, or maintenance, including the clearing of destroy or adversely modify its critical special purposes consistent with the vegetation around one’s personal habitat. If a Federal action may affect a purposes of the Act. It is anticipated residence as a fire break. Federal Register / Vol. 63, No. 60 / Monday, March 30, 1998 / Proposed Rules 15151

The Service believes that the actions should not be determined to be critical References Cited listed below might potentially result in habitat pursuant to section 4 of the Act; a violation of section 9; however, (3) Additional information concerning A complete list of all references cited possible violations are not limited to the range, distribution, and population herein, as well as others, is available these actions alone: size of this species; and upon request from the Ventura Fish and (1) Unauthorized collecting of the (4) Current or planned activities in the Wildlife Office (see ADDRESSES section). species on Federal lands; subject area and their possible impacts Author (2) Application of herbicides violating on this species. label restrictions; Final promulgation of the regulations The primary author of this proposed (3) Interstate or foreign commerce and on this species will take into rule is Constance Rutherford, Ventura import/export without previously consideration the comments and any Fish and Wildlife Office, U.S. Fish and obtaining an appropriate permit. additional information received by the Wildlife Service, 2493 Portola Road, Permits to conduct activities are Service, and such communications may Suite B, Ventura, California 93003 available for purposes of scientific lead to a final regulation that differs (telephone 805/644–1766). research and enhancement of from this proposal. List of Subjects in 50 CFR part 17 propagation or survival of the species. The Endangered Species Act provides Questions regarding whether specific for a public hearing on this proposal, if Endangered and threatened species, activities, such as changes in land use, requested. Requests must be received Exports, Imports, Reporting and will constitute a violation of section 9 within 45 days of the date of publication recordkeeping requirements, should be directed to the Field of the proposal in the Federal Register. Transportation. Supervisor, Ventura Fish and Wildlife Such requests must be made in writing Office (see ADDRESSES section). and be addressed to the Field Proposed Regulation Promulgation Public Comments Solicited Supervisor (see ADDRESSES section). Accordingly, the Service hereby proposes to amend part 17, subchapter The Service intends that any final National Environmental Policy Act B of chapter I, title 50 of the Code of action resulting from this proposal will The Fish and Wildlife Service has Federal Regulations, as set forth below: be as accurate and as effective as determined that Environmental possible. Therefore, comments or Assessments and Environmental Impact PART 17Ð[AMENDED] suggestions from the public, other Statements, as defined under the concerned governmental agencies, the authority of the National Environmental 1. The authority citation for part 17 scientific community, industry, or any Policy Act of 1969, need not be continues to read as follows: other interested party concerning this prepared in connection with regulations Authority: 16 U.S.C. 1361–1407; 16 U.S.C. proposed rule are hereby solicited. The adopted pursuant to Section 4(a) of the 1531–1544; 16 U.S.C. 4201–4205; Pub. L. 99– Fish and Wildlife Service will follow its Endangered Species Act of 1973, as 625, 100 Stat. 3500, unless otherwise noted. current peer review policy (59 FR amended. A notice outlining the 34270) in the processing of this rule. Service’s reasons for this determination 2. Amend 17.12(h) by adding the Comments particularly are sought was published in the Federal Register following, in alphabetical order under concerning: on October 25, 1983 (48 FR 49244). FLOWERING PLANTS, to the List of (1) Biological, commercial trade, or Endangered and Threatened Plants to other relevant data concerning any Required Determinations read as follows: threat (or lack thereof) to this species; This rule does not contain collections § 17.12 Endangered and threatened plants. (2) The location of any additional of information that require approval by populations of this species and the the Office of Management and Budget * * * * * reasons why any habitat should or under 44 U.S.C. 3501 et seq. (h) * * *

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

******* FLOWERING PLANTS

******* Holocarpha Santa Cruz tarplant U.S.A. (CA) ...... Compositae ...... T ...... NA NA macradenia.

******* 15152 Federal Register / Vol. 63, No. 60 / Monday, March 30, 1998 / Proposed Rules

Dated: March 17, 1998. described by Bills and Bond (1980). The Pleistocene lake in the extreme Jamie Rappaport Clark, following morphological description is northeastern corner of Modoc County, Director, Fish and Wildlife Service. taken from Bills and Bond (1980) and California, in an area known as the [FR Doc. 98–8052 Filed 3–27–98; 8:45 am] Moyle et al. (1989). The Cowhead Lake Modoc Plateau. The Modoc Plateau BILLING CODE 4310±55±P tui chub is a small fish in the minnow consists of molten basalt that formed family (Cyprinidae) approximately 85– approximately 70 million years ago 115 millimeters (3–4.5 inches) from the (Young et al. 1988). The area is DEPARTMENT OF THE INTERIOR nose to the middle of the tail and is characterized by lava rims, upland distinguished from the other subspecies plateaus, lava flows and tubes, ancient Fish and Wildlife Service of tui chub by the number of gill rakers pluvial lake beds and large-volume (bony projections in the gills). springs, and shallow soils (Young et al. 50 CFR Part 17 Coloration is silver like other subspecies 1988). Volcanic rock is porous, RIN 1018ÐAE85 of tui chub, except for a dark lateral therefore, most of the rainfall percolates stripe and dark speckles scattered on the through into the groundwater. Surface Endangered and Threatened Wildlife cheek, operculum (area behind the eye) water is minimal, but rainfall and and Plants; Proposed Endangered and lower body. The pectoral fins snowmelt in the mountains feed the usually exhibit a row of melanophores Status for the Cowhead Lake Tui Chub groundwater, which surfaces as springs. (cells containing dark pigment) along The habitat type is sagebrush steppe, AGENCY: Fish and Wildlife Service, the anterior rays and a few specimens which is generally a treeless, shrub- Interior. have exhibited a concentration of ACTION: Proposed rule. pigment on the pelvic and anal fins. dominated community characterized by There have been no formal studies on sagebrush (Artemesia species) with SUMMARY: The U.S. Fish and Wildlife the life history or habitat of the perennial bunch grasses in the Service (Service) proposes to determine Cowhead Lake tui chub. The following understory and some juniper pine the Cowhead Lake tui chub (Gila bicolor information refers to tui chubs in (Young et al. 1988). The area is vaccaceps), to be an endangered species general and is taken from Moyle (1976). characterized by cold, harsh winters, under the authority of the Endangered Tui chubs occur in a wide variety of dry summers, and low rainfall. Species Act of 1973, as amended (Act). habitats, most commonly in the weedy The lakebed of Cowhead Lake is The Cowhead Lake tui chub is a fish shallows of lakes and quiet waters in approximately 1,100 hectares (2,700 that is found only in Cowhead Slough sluggish rivers. They do well in a wide acres) based on assessors maps (Modoc and connected ditches within the bed of variety of water conditions from warm County, California, Jan. 1982), with an Cowhead Lake in extreme northeastern to cold, and clear to eutrophic. In the elevation of 1,597 meters (5,241 feet). Modoc County, California. This fall they seek out deeper water and may Historically, Cowhead Lake and subspecies is threatened throughout its spend winters in a semi-dormant state Cowhead Slough are thought to have range by a variety of human impacts, on the bottom of lakes. Tui chubs are been marsh habitat, based on the soil including the dewatering of Cowhead opportunistic omnivores concentrating type. In its natural state the lake’s water Lake, livestock grazing, agricultural on invertebrates associated with bottom levels were probably variable. This activities, and by random naturally or aquatic plants (i.e., clams, insect habitat type would have retained and occurring events. This proposal, if made larvae, insects, crayfish) as well as algae stored its water, slowly discharging it final, would implement Federal and plant material. Tui chub usually via Cowhead Slough to Twelvemile protection provided by the Act. The spawn from late April to late June; eggs Creek and on into the Warner Basin Service seeks data and comments from adhere to plants or the bottom and hatch (Roger Farschon, Bureau of Land the public on this proposal. in 9 days. In large deep lakes, tui chubs Management (BLM), pers. comm., tend to form large schools in shallow DATES: Comments from all interested 1997a). Cowhead Slough and Cowhead water frequently associated with beds of parties must be received by May 29, Lake are fed mainly by snowmelt runoff aquatic vegetation. In shallow lakes, 1998. Public hearing requests must be and springs via Eightmile Creek and with heavy aquatic growth, schooling is received by May 14, 1998. other smaller tributaries from the less noticeable. Tui chubs tend to ADDRESSES: Comments and materials Warner Mountains. There may also be disperse amongst the vegetation concerning this proposal should be sent presumably as protection from several faults at the upper end of the to the Field Supervisor, Sacramento predators. Tui chubs appear to be able slough that provide subsurface flow Fish and Wildlife Service Office, U.S. to adapt to the severe long and short- (Sato in litt. 1992). Historically the lake Fish and Wildlife Service, 3310 El term climatic fluctuations characteristic was probably shallow and naturally Camino Avenue, Suite 130, Sacramento, of the interior basins where they are dried up on occasion (Peter Moyle, California 95821–6340. Comments and most common. The family Cyprinidae in University of California, Davis, pers. materials received will be available for general has been successful because comm., 1997). Approximately 40 public inspection, by appointment, they have a well-developed sense of percent of the lakebed occurs on private during normal business hours at the hearing, release a fear scent when land and 60 percent of the lakebed has above address. injured (a warning signal to others), unknown title based on a title search FOR FURTHER INFORMATION CONTACT: Mr. have pharyngeal teeth (broader diet), done in 1997 (Modoc County Title Co. Wayne S. White, Field Supervisor, at and exhibit high fecundity. Despite in litt. 1997). The lake went dry the above address (telephone 916/979– these advantages, many native minnows sometime in the 1930’s. Since the 2710). are declining in numbers as their drought ended, and continuing up to the SUPPLEMENTARY INFORMATION: environment deteriorates beyond their present day, the lake has been ability to cope with the changes or they mechanically pumped dry so that the Background are displaced by more aggressive lakebed could be used to grow hay. The Cowhead Lake tui chub was first introduced species. There is a series of irrigation ditches, recognized as a distinct subspecies by Cowhead Lake tui chub are found in two reservoirs on nearby creeks, and a Hubbs and Miller (1948) and was first the vicinity of Cowhead Lake, a mechanical pumping system, which