Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51443 final regulation that differs from this Service’s reasons for this determination Proposed Regulation Promulgation proposal. was published in the Federal Register The Endangered Act provides on October 25, 1983 (48 FR 49244). Accordingly, the Service hereby for one or more public hearings on this proposes to amend part 17, subchapter References Cited proposal, if requested. Requests must be B of chapter I, title 50 of the Code of received within 45 days of the date of A complete list of all references cited Federal Regulations, as set forth below: publication of the proposal in the herein is available upon request from PART 17Ð[AMENDED] Federal Register. Such requests must be the Pacific Islands Ecoregion Office (see made in writing and be addressed to the ADDRESSES section). 1. The authority citation for part 17 Pacific Islands Ecoregion Manager (see Author continues to read as follows: ADDRESSES section). The author of this proposed rule is Authority: 16 U.S.C. 1361–1407; 16 U.S.C. National Environmental Policy Act 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Marie M. Bruegmann, Pacific Islands 625, 100 Stat. 3500; unless otherwise noted. The Fish and Wildlife Service has Ecoregion Office (see ADDRESSES determined that Environmental section). Substantial data were 2. Section 17.12(h) is amended by Assessments or Environmental Impact contributed by HHP and Steve Perlman adding the following, in alphabetical Statements, as defined under the and Ken Wood of HPCC. order under FLOWERING , to authority of the National Environmental the List of Endangered and Threatened List of Subjects in 50 CFR Part 17 Policy Act of 1969, need not be Plants to read as follows: prepared in connection with regulations Endangered and threatened species, adopted pursuant to section 4(a) of the Exports, Imports, Reporting and § 17.12 Endangered and threatened plants. Endangered Species Act of 1973, as recordkeeping requirements, and * * * * * amended. A notice outlining the Transportation. (h) * * *

Species Historic range Family name Status When listed Critical habi- Special Scientific name Common name tat rules

FLOWERING PLANTS

******* Cyanea dunbarii ...... haha ...... U.S.A. (HI) ...... Campanulaceae .... E ...... NA NA

******* Lysimachia maxima . no common name .. U.S.A. (HI) ...... Primulaceae ...... E ...... NA NA

******* Schiedea no common name .. U.S.A. (HI) ...... Caryophyllaceae ... E ...... NA NA sarmentosa.

*******

Dated: September 20, 1995. their respective ranges in southwestern public inspection, by appointment, John G. Rogers, California and northwestern Baja during normal business hours at the Acting Director, Fish and Wildlife Service. California, Mexico, pursuant to the above address. [FR Doc. 95–24335 Filed 9–29–95; 8:45 am] Endangered Species Act of 1973, as FOR FURTHER INFORMATION CONTACT: Gail BILLING CODE 4310±55±P amended (Act). These species are Kobetich at the above address associated with chaparral (telephone 619/431–9440). communities and, in some cases, are 50 CFR Part 17 SUPPLEMENTARY INFORMATION: endemic to specific types of clay soils. RIN 1018±AD60 These species are threatened by Background Endangered and Threatened Wildlife habitat destruction, degradation, and Berberis nevinii (Nevin’s barberry), and Plants; Proposed Endangered and fragmentation resulting from urban Ceanothus ophiochilus (Vail Lake Threatened Status for Four Chaparral development, encroachment by exotic ceanothus), Fremontodendron Plants From Southwestern California plant species, and disruption of a mexicanum (Mexican flannelbush), and and Northwestern Baja California, normal fire cycle. This proposed rule, if Nolina interrata (Dehesa beargrass) Mexico made final, would extend protection occur in restricted and localized under the Act to these four plants. populations from the interior foothills of AGENCY: Fish and Wildlife Service, DATES: Comments from all interested Los Angeles, Riverside, and San Interior. parties must be received by December 1, Bernardino Counties, California, south ACTION: Proposed rule. 1995. Public hearing requests must be through San Diego County to SUMMARY: The Fish and Wildlife Service received by November 16, 1995. northwestern Baja California, Mexico. (Service) proposes to list Berberis ADDRESSES: Comments and materials Most populations of these species are nevinii (Nevin’s barberry) and concerning this proposal should be sent situated in relatively rugged terrain Fremontodendron mexicanum (Mexican to the Field Supervisor, U.S. Fish and dominated by chaparral. flannelbush) as endangered, and Wildlife Service, Carlsbad Field Office, Fremontodendron mexicanum is also Ceanothus ophiochilus (Vail Lake 2730 Loker Avenue West, Carlsbad, known from closed cone coniferous ceanothus) and Nolina interrata (Dehesa California 92008. Comments and forest dominated by Cupressus forbesii beargrass) as threatened throughout materials received will be available for (Tecate cypress) while Berberis nevinii 51444 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules is also associated with sandy washes The population centers for two of the Lake population range from 3,000 to dominated by alluvial scrub vegetation plants considered in this proposal, 5,000 plants; this population occupies associations. Ceanothus ophiochilus, F. Berberis nevinii and Ceanothus about 8 hectares (ha) (20 acres (ac.)) mexicanum, and N. interrata are often ophiochilus, are located in the Vail Lake within a 16 ha (40 ac.) area (Boyd 1991). found in association with specific soil area of southwestern Riverside County. Individual plants within the Vail Lake types. Populations of B. nevinii located outside population exhibit indications of The chaparrals of interior foothill the Vail Lake area are small and found hybridization with C. crassifolius. Large southern California are dense shrub in isolated patches in San Diego, San populations of C. crassifolius are associations of moderate height that are Bernardino, and Los Angeles Counties. present approximately one-half mile dominated by Adenostoma fasciculatum Small populations of C. ophiochilus south and east of the Vail Lake C. (chamise), Ceanothus sp. (California occur in the Agua Tibia Wilderness ophiochilus population (Boyd et al. lilac), Rhamnus ilicifolia (red berry), Area (Cleveland National Forest) 1991). The remaining three populations Arctostaphylos sp. (manzanita), Quercus adjacent to Vail Lake. Nolina interrata exist on land managed by the Forest berberidifolia (California scrub oak), and Fremontodendron mexicanum are Service, where over 4,000 plants exist Rhus ovata (sugar bush), Malosma found only in southern San Diego within about 14 ha (35 ac.) of the Agua laurina (laurel sumac), Heteromeles County and northwestern Baja Tibia Wilderness Area. These arbutifolia (toyon), Eriogonum California, Mexico. populations are scattered along borders fasciculatum (California buckwheat), of creeks and dry canyons, and and Salvia mellifera (black sage) Discussion of the Four Species Proposed for Listing sometimes on gabbro soils (Shaffer (Beauchamp 1986, Holland 1986, and 1993). At least two of the three Agua Wiggins 1980). Chaparral species are Ceanothus ophiochilus was first Tibia populations are hybridizing with adapted to soils poor in nutrients, a discovered and collected by S. Boyd, T. C. crassifolius and these populations cool, wet winter, and hot dry summers. Ross, and L. Arnseth in 1989 on Oak may represent hybrid swarms. The third Many chaparral species are adapted to Mountain (also known as Vail Agua Tibia population consists of plants periodic wildfires. For example, seeds Mountain), west of Vail Lake in that are too young to determine the of some plants require fire before they Riverside County, California. It was degree of hybridization taking place can germinate. Other plants reproduce formally described by Boyd et al. (1991) (Shaffer 1993; Steve Boyd, Rancho Santa vegetatively by sprouting from the based on the Vail Lake collection and Ana Botanical Garden, pers. comm. burned stumps of the parent plant. Fires was subsequently accepted by Schmidt 1995). While these populations (1993). Ceanothus ophiochilus is a that occur too frequently, however, burn evidently are not pure C. ophiochilus, rounded, divaricately-branched (widely young plants before they become the Service continues to recognize their forked) shrub of the buckthorn family reproductively mature, thus depleting importance to the long-term survival of the seed bank. Sustained fire prevention (Rhamnaceae), from 12 to 15 decimeters the species. These populations are can cause plant communities to become (dm) (4 to 5 feet (ft.)) in height with important because they represent about senescent (old) and thus they may not leaves about 3 to 7 millimeters (mm) 50 percent of the known acreage of the survive an unpredictable fire to (0.1 to 0.3 inches (in.)) long and 1.5 to species and a significant number of reproduce vegetatively (Boyd 1991). 2.5 mm (0.1 in.) wide. Blue flowers, individuals, and because conservation Chaparral habitats occur on many narrow leaves, and hornless fruit actions for C. ophiochilus would be different soil types but the plants under capsules differentiate C. ophiochilus consideration herein, with the exception from other members of the . This unnecessarily limited to a single of Berberis nevinii, typically occur in species resembles Adenostoma location. clay soils derived from gabbro or fasciculatum (chamise), the codominant Fremontodendron mexicanum, a metavolcanic bedrock (Boyd 1991, shrub in its habitat. Ceanothus member of the cacao family California Native Diversity Data Base ophiochilus flowers from mid-February (Sterculiaceae), is a small tree or shrub (CNDDB) 1992, Oberbauer 1991). to March and fruit capsules mature from with evergreen, palmately lobed leaves, Berberis nevinii grows in sandy habitats about May to mid-June (Boyd et al. 25 to 50 mm (1 to 2 in.) wide. The (Mistretta 1989b, CNDDB 1992). Clay 1991, Schmidt 1993). inflorescence is about 60 mm (2.4 in.) soils have unique physical and chemical Ceanothus ophiochilus is restricted to wide, and lacks petals. The showy properties that contribute to the xeric (dry) habitats on ridgetops and orange sepals, which are reddish toward disproportionally large number of rare north to northeast-facing slopes in the bases, distinguish F. mexicanum plants found on this substrate, as chamise chaparral. It occurs on shallow from F. californicum, which has yellow compared to other soil types. For these soils formed from ultra-basic parent sepals. The seeds of F. mexicanum are reasons, clay soils are an important materials or deeply weathered gabbro, quite distinctive from other species of contributor to floristic diversity in the both of which are phosphorus deficient. Fremontodendron (Kelman 1991). Riverside County and San Diego County This species is adapted to this harsh Fremontodendron mexicanum also has region. The Vail Lake area in Riverside environment, whereas other members of a unique petiole (leaf stalk) internal County has a large complex of highly the genus are not. Ceanothus structure that is unlike that found in any unique habitats on clay soils formed ophiochilus hybridizes with the locally other member of the family (Kelman from gabbro bedrock that support many common C.crassifolius in places where 1991). Reliable distribution records for sensitive or endangered plant and the two species occur together. The Fremontodendron mexicanum indicate animal species including two of the strong association of C. ophiochilus that this species is found in southern species in this proposed rule (see with nutrient poor soils may be critical San Diego County and northern Baja Metropolitan Water District (MWD) for the species to maintain reproductive California, Mexico between 300 and 1991). The largest population of Berberis isolation (Boyd et al. 1991). 1,000 meters (m) (900 to 3,000 ft.) in nevinii grows in this area adjacent to the Ceanothus ophiochilus is found at elevation. This species blooms from type location of Ceanothus ophiochilus four localities in southwestern Riverside March to August and occurs primarily (California Natural Diversity Data Base County. One population of C. in closed cone coniferous forest and (CNDDB 1992). The ranges of all four ophiochilus occurs on privately owned southern mixed chaparral often in species are restricted to small areas. land at Vail Lake. Estimates for the Vail association with metavolcanic soils Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51445

(Oberbauer 1991, Rieser 1994). tentative due to lack of seed material suggest that B. nevinii may also require Fremontodendron mexicanum is found and is based solely on the shape of the groundwater flow (Niehaus 1977). as far south as Arroyo Seco, north of San leaf base (Kelman 1991; Susan The range of Berberis nevinii includes Quintin, in Baja California, Mexico Cochrane, Natural Heritage Division, Los Angeles, San Bernardino, Riverside, (Wiggins 1980). California Department of Fish and Game and San Diego Counties. The historical Fremontodendron mexicanum was (CDFG), in litt. 1993). Whetstone and distribution of this species consisted of first described by Davidson (1917) (as F. Atkinson (1993) dismissed these about 32 populations at 20 localities. mexicana). Macbride applied the name localities as being unreliable and have Currently, the total number of Fremontia mexicana to this species in limited F. mexicanum to San Diego individuals is likely fewer than 1,000 1918 (Abrams 1944). Jepson (1925) County, California, and Mexico. (Boyd 1987, CNDDB 1992). At least reduced Fremontia mexicana to Regardless, even if it should prove that seven populations have been extirpated. Fremontia californica var. mexicana one or more of these populations are F. The largest remaining cluster of native citing similarities between this species mexicanum, the botanical flora of populations, totalling about 300 and Fremontia californica of central central California is fairly well known individuals, occurs in Riverside County, California. Abrams (1944) did not and this species would be a rare element California at the Vail Lake/Oak recognize Jepson’s treatment, following in this flora. Mountain area. These populations occur Macbride. Recent treatments (Munz Several other recent localities have on BLM lands north of Vail Lake, the 1974, Kelman 1991, Whetstone and been reported in San Diego County and Cleveland National Forest southeast of Atkinson 1993) recognize Davidson’s in Los Angeles County, California. Vail Lake, and private ownerships in the original treatment. The genus name However, these likely represent planted Vail Lake region (Boyd et al. 1989). The Fremontia was not conserved because individuals readily available in the remaining populations are small, fewer Fremontodendron has taxonomic nursery trade or misidentifications than 10 or 20 individuals, and occur on priority over the name Fremontia (CNNDB 1992, Rieser 1994). city park, Indian Reservation, or private lands (CNDDB 1992). An artificially (Kelman 1991). Berberis nevinii (Nevin’s barberry), an Fremontodendron mexicanum is established population of about 250 evergreen shrub from 1 to 4 m (3 to 12 known from fewer than 10 native individuals occurs on an alluvial terrace ft.) tall, is a member of the barberry historical locations in the United States. in San Francisquito Canyon on the family (Berberidaceae). It was first The majority of these are situated in the Angeles National Forest in Los Angeles vicinity of Otay Mountain, San Diego discovered by Reverend Nevin, a Los County (Boyd et al. 1989). County. Although no populations of F. Angeles minister, in 1882 in the San The range of Berberis nevinii is well mexicanum are known to be extirpated, Fernando Valley (Los Angeles County) known and has been extensively this species has only been observed at and described by A. Gray in 1895 surveyed. Additional populations are one location in recent years (Cedar (Mistretta 1989a). Although Fedde not likely to occur in the Vail Lake area Canyon). Surveys of other historical (1901) applied the name Mahonia (Boyd et al. 1989). A thorough search for localities have been unsuccessful in nevinii to this taxon, much of the B. nevinii on the San Bernardino relocating this species (Ogden current literature refers to Berberis National Forest and the Cleveland Environmental and Energy Services, Inc. rather than Mahonia (Moran 1982). The National Forest was completed in 1989, 1992; Mitchell Beauchamp, botanist, in leaves of B. nevinii are pinnately based on Boyd’s (1987) habitat litt. 1993; Rieser 1994). The Bureau of compound with 3 to 5 lanceolate leaflets parameters. No new populations or Land Management (BLM) manages most and serrate spine-tipped margins. individuals were found (Mistretta of the Cedar Canyon population while Flowers, which appear from March 1989b; Melody Lardner, Botanist, San other historical sites are divided through April, are yellow with six petals Bernardino National Forest, in litt. between BLM and private landowners in two series and are clustered in a 1993). (CNNDB 1992). The total number of loosely flowered inflorescence 2.5 to 5 Nolina interrata (Dehesa beargrass) is remaining plants of F. mexicanum in cm (1.0 to 2 in.) long (McMinn 1939, a member of the lily family (Liliaceae) the United States is estimated to be Williams 1993). The fruit is a juicy and is similar in appearance to members fewer than 100 (CNDDB 1992; yellowish red to red berry 6 to 8 mm of the genus Yucca. Nolina interrata Beauchamp, in litt. 1993). Two (less than 0.3 in.) long with plump was discovered in 1939 and it was later additional native historical populations brownish seeds. Other Berberis species formally described by Howard S. Gentry are reported from Mexico, however, one have wider leaves, somewhat folded at (1946). The description was based on population has not been seen recently the midrib, with marginal spines collections from the type location on and the other (Arroyo Seco) may have vertical to the leaf surface and smaller, Dehesa Road, east of El Cajon in San been extirpated by a substantial flood differently colored berries. Related Diego County, California. Gentry’s (Rieser 1994). species also grow at higher elevations, taxonomic treatment is followed by Three historical localities that may generally above 800 m (2,500 ft.). Munz (1974). However, Beauchamp represent native populations of Berberis nevinii grows in two (1986) considered N. interrata to be Fremontodendron mexicanum have distinctive, yet related, habitat types: conspecific with N. parryi, which is been reported north of San Diego sandy and gravelly places along the closely related. The most recent County, California. These are Claremont margins of dry washes below the taxonomic treatment on the genus (Dice Wash (Los Angeles County), near Quail foothill zone of the Southern California 1988) and floristic treatment for Lake (Kern County), and from Junipero Transverse and Peninsular ranges, and California (Dice 1993) recognized this Sierra Peak in the Santa Lucia in coarse soils in chaparral communities species as distinct from N. parryi by its Mountains (Monterey County). These (CDFG 1986). This species is typically lack of above ground stems, low number widely scattered and disjunct localities found between 300 and 650 m (900 and of leaves (45 or less), and short are based on single specimen collections 2,000 ft.) in elevation (CNDDB 1993). flowering stalk (1.6 m (5 ft.)) or shorter. that predate 1940 and the populations The association of B. nevinii with Nolina parryi has distinct above ground have not been relocated in recent years Lepidospartum squamatum, which stems, numerous leaves (45 to 200) and (Kelman 1991, CNDDB 1992). requires groundwater flow, and its taller flowering stalks (1.6 to 4 m (5 to Identification of these specimens is preference for sandy wash locations, 13 ft.)) (Dice 1993). 51446 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules

Nolina interrata is a dioecious (male private land (Oberbauer 1979, CNDDB nevinii, Fremontodendron mexicanum, and female flowers on separate plants) 1992). and Nolina interrata as category 1 perennial with an underground stem Nolina interrata is known from 3 candidate taxa (species for which data that forms a woody platform and localities in Baja California and ranges in the Service’s possession are sufficient produces many aerial rosettes of leaves. as far south as Ensenada (Rancho de la to support a proposal for listing). On Each rosette consists of 10 to 45 lance- Cruz) in Baja California, Mexico (Fred November 28, 1983, the Service linear, glaucous (covered with a whitish Hrusa, University of California at Davis, published a supplement to the Notice of powder) leaves with minutely serrate in litt. 1993). One population exists Review in the Federal Register (48 FR margins. In some years, rosettes produce about 16 km (10 miles) northeast of La 53640). This supplement treated F. a single stalk 1 to 2.5 m (3 to 7.5 ft.) tall Mision. Both of these disjunct Mexican mexicanum as a category 2 candidate with an elongate, compound panicle populations have fewer than 25 species (species for which data in the inflorescence at its apex. The flowers individuals each. Another population Service’s possession indicates listing are minute (2 to 4 mm (0.1 to 0.2 in.)) has recently been discovered closer to may be appropriate, but for which and creamy white. Nolina interrata can the United States border and it appears additional biological information is be distinguished by its short, thin- to be of comparable size (Jim Dice, needed to support a proposed rule), stalked panicle, which has CDFG, pers. comm. 1995). whereas B. nevinii and N. interrata inconspicuous , and by the Previous Federal Action remained as category 1 species. The absence of any visible above-ground listing status of these species has trunk or stem bearing individual Federal government action on the four remained unchanged since the 1983 rosettes of leaves, a greatly reduced plant taxa considered in this rule began Notice of Review. as a result of section 12 of the number of leaves per rosette, and Section 4(b)(3)(B) of the Endangered minimally expanded leaf bases. It can be Endangered Species Act of 1973, which directed the Secretary of the Species Act of 1973, as amended in distinguished from Yucca species by the 1982, requires the Secretary to make absence of a rigid spinose leaf tip and Smithsonian Institution to prepare a report on those plants considered to be findings on pending petitions within 12 leaves with shredding margins. In months of their receipt. Section 2(b)(1) addition, Yucca species have larger endangered, threatened, or extinct. This report, designated as House Document of the 1982 amendments further flowers that branch from a single spike requires that all petitions pending on rather than a panicle (Dice 1988, 1993). No. 94–51, and presented to Congress on January 9, 1975, recommended October 13, 1982, be treated as having Nolina interrata grows in chaparral been newly submitted on that date. This habitat commonly associated with Berberis nevinii, Fremontodendron was the case for Berberis nevinii, Adenostoma fasciculatum (chamise), mexicanum, and Nolina interrata for Fremontodendron mexicanum, and Helianthemum scoparium (peak rush endangered status. The Service Nolina interrata because the 1975 rose), Salvia clevelandii (Cleveland published a notice in the Federal Smithsonian report had been accepted sage), and Tetracoccus dioicus (San Register on July 1, 1975 (40 FR 27823), as a petition. On October 13, 1983, the Diego button bush). Nolina interrata is of its acceptance of the report as a Service found that the petitioned listing often associated with other rare plants petition within the context of section of these species was warranted, but such as Senecio ganderi (Gander’s 4(c)(2) (now section 4(b)(3)(A)) of the precluded by other pending listing butterweed), Acanthomintha ilicifolia Act, and of the Service’s intention proposals of higher priority, pursuant to (San Diego thornmint), Monardella thereby to review the status of the plant hypoleuca ssp. lanata (felt-leaved taxa named therein, including B. section 4(b)(3)(B)(iii) of the Act. monardella), and Fritillaria biflora nevinii, F. mexicanum, and N. interrata. Notification of this finding was (chocolate lily) (Oberbauer 1979). The On June 16, 1976, the Service published published in the Federal Register on association of N. interrata with these a proposal in the Federal Register (42 January 20, 1984 (49 FR 2485). Such a species reflects the distribution of clay FR 24523) to determine approximately finding requires the petition to be soils formed from gabbro soils in the 1,700 species to be recycled, pursuant to section region (Oberbauer 1979, 1991, endangered species pursuant to section 4(b)(3)(C)(i) of the Act. The finding was Beauchamp 1986). Nolina interrata 4 of the Act. Berberis nevinii, reviewed in October of 1984, 1985, reproduces primarily by asexual means Fremontodendron mexicanum, and 1986, 1987, 1988, 1989, 1990, 1991, and and it does not flower every year; this Nolina interrata were included in this 1992. adaptation may compensate for its lack Federal Register proposal. The Service made a final ‘‘not of consistent flowering. It also may General comments received in warranted’’ finding on the 1975 petition require fire or other disturbance to relation to the 1976 proposal were with respect to Fremontodendron induce flowering. summarized in an April 26, 1978, mexicanum and 864 other species in the The total population size of Nolina Federal Register publication (43 FR December 9, 1993, Federal Register (58 interrata is about 9,000 plants. There are 17909). The Endangered Species Act FR 64828–45). The species was thus nine populations of N. interrata in San amendments of 1978 required all retained under Category 2 on the basis Diego County, all within a 6 square mile proposals over 2 years old to be that it may be subject to extinction or (15.6 square kilometer (km)) area in the withdrawn, although a 1-year grace endangerment from uncontrolled loss of Dehesa Valley, immediately east of El period was given to these proposals. In habitat, from other man-caused changes Cajon, California. There are no records the December 10, 1979, Federal Register to its environment, or extinction due to of extirpated populations. About one- (44 FR 70796), the Service published a low numbers (58 FR 64840). Since 1993, third to one-half of the known notice of withdrawal for that portion of the Service has completed or obtained populations are protected on a reserve the June 16, 1976, proposal that had not survey and other data that adequately managed by The Nature Conservancy at been made final, along with four other describe those factors that are placing F. McGinty Mountain. Another large proposals that had expired. mexicanum at risk of extinction. The population, located near Sycuan Peak, is The Service published an updated Service has proceeded to propose this owned by two private landowner notice of review of plants in the Federal species along with Berberis nevinii, consortiums. The remaining few Register on December 15, 1980 (45 FR Nolina interrata, and Ceanothus populations are small and occur on 82480). This notice included Berberis ophiochilus that occupy the same Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51447 general distribution in southern and terraces) within the chaparral plant of B. nevinii as well as promoting California. community. Generally, urban development in the area (Monroe et al. On December 14, 1990, the Service development and mining have impacted 1992). Grading for fire breaks can received a petition dated December 5, these habitats more than other activities destroy populations and their habitat. 1990, from Mr. David Hogan of the San within the chaparral community For example, grading destroyed about 3 Diego Biodiversity Project, to list Nolina because the terrain is more accessible percent of the C. ophiochilus population interrata as an endangered species than the typically rugged and boulder at Vail Lake, north of SR 79 and 3 (Hogan, in litt. 1990). The petitioner also covered terrain of the surrounding percent or more in the Agua Tibia requested the designation of critical chaparral. Wilderness of the Cleveland National habitat for this species. Since N. A study conducted by the Forest, south of SR 79 (Boyd et al. 1989; interrata was included in the 1975 Metropolitan Water District of Southern Boyd 1991; S. Cochrane, in litt. 1993). Smithsonian Institution Report, the California suggests that much of Of 32 known populations of Berberis Service regards the 1990 petition as a southwestern Riverside County will be nevinii, those occurring in alluvial scrub second petition for the same action. converted to urban development within habitats have been the most heavily On September 16, 1991, the Service the decade (Monroe et al. 1992, impacted (CNDDB 1992). Most of these received a petition dated September 13, California Department of Finance 1993). populations have been extirpated by 1991, from Mr. Steve Boyd of the Urban development encroachment in urban development, road widening, or Rancho Santa Ana Botanic Garden, to the Vail Lake area of southwestern habitat degradation from excessive list Ceanothus ophiochilus as an Riverside County threatens one of the recreational use. The quality of the endangered species (Boyd 1991). The two largest populations of Berberis remaining populations is poor Service published a 90-day finding in nevinii and the only known population compared to historical accounts (Boyd the Federal Register on August 10, 1992 complex of Ceanothus ophiochilus. The 1987). The vast San Fernando Valley (57 FR 37513), that substantial Vail Lake area is included in a alluvial scrub habitat has been largely information was presented in the Community Plan, planned and urbanized, but once supported petition to indicate that the requested approved by the County, which allows numerous populations, including the action may be warranted. This species subdivision of parcels into 9-ha (20- type locality for B. nevinii (Boyd 1987). was included as a category 2 species in acre) lots (Boyd 1991, Schaffer 1993). In Nolina interrata and the September 30, 1993, Notice of 1995, a new land owner offered the Fremontodendron mexicanum are being Review (50 CFR 51144). This proposed Riverside County Habitat Conservation affected by the same suite of threats that rule constitutes the 12-month finding on Agency (RCHCA) an option to acquire accompany the encroachment of this petitioned action. the portion (as a conservation bank) of urbanization described above. The Otay On July 29, 1983, Nolina interrata was the Vail Lake planned community that Ranch and BLM boundaries divide included in Appendix I of the contains the C. ophiochilus population Cedar Canyon in southern San Diego Convention on International Trade in (see Factor D). However, the option is County near the Mexican border, which Endangered Species of Wild Fauna and unlikely to be taken and the current is the only confirmed F. mexicanum Flora (CITES). CITES is a treaty land owner (a real estate management population in the United States and established to prevent international company) may sell the property to an consists of 2 groups of F. mexicanum trade that may be detrimental to the entity, or multiple entities that may (CNDDB 1992). About 50 percent of the survival of plants and animals. develop the property (Michelle potentially occupied habitat of F. mexicanum exists on BLM land and Summary of Factors Affecting the Shaughnessy, Fish and Wildlife Service about 50 percent is on private property Species Biologist, pers. comm. 1995). Berberis nevinii populations at Vail Lake could designated as open space, which will be Section 4 of the Endangered Species be eliminated by development (Jeff surrounded by residential development Act (16 U.S.C. 1531 et seq.) and David and Associates 1995). If the under the Otay Ranch Plan (Ogden regulations (50 CFR part 424) conservation bank is not adopted and if Environmental and Energy Services, Inc. promulgated to implement the listing subdivision of this area occurs, several 1992). Habitat potentially occupied by provisions of the Act set forth the types of impacts would be expected in F. mexicanum at Brown Field and Otay procedures for adding species to the addition to the direct removal of B. Lakes is degraded by four-wheel drive Federal lists. A species may be nevinii and C. ophiochilus and their roads and deep gully erosion. determined to be an endangered or habitat. Fire management strategies for Over 50 percent of the population of threatened species due to one or more developed areas would impact the Nolina interrata exists on private land of the five factors described in section natural fire processes to which natural zoned for development (Dice, pers. 4(a)(1). These factors and their plant communities have become comm. 1995). The primary population application to Ceanothus ophiochilus S. adapted (see Factor E below). Individual of N. interrata at McGinty Mountain is Boyd, T. Ross and L. Arnseth (Vail Lake landowners are likely to convert under management by The Nature ceanothus), Berberis nevinii A. Gray existing habitat to gardens, lawns, and Conservancy, however, the remaining (Nevin’s barberry), Fremontodendron pastures. Development would introduce population occurs in subdivided private mexicanum Davidson (Mexican invasive plants that compete with these ownerships (CNDDB 1993). Losses of N. flannelbush), and Nolina interrata H. taxa, and degrade habitat quality as a interrata to easements and grading have Gentry (Dehesa beargrass), are as result of conversion to later successional already occurred at McGinty Mountain, follows: stages of plant communities (Boyd and fragmentation and degradation of A. The present or threatened 1991). remaining habitat continues (Dice, pers. destruction, modification, or Several other sources of habitat comm. 1995). The future of the very curtailment of their habitat or range. degradation also threaten Berberis large Sycuan Mountain population is The specific soil and/or hydrologic nevinii and Ceanothus ophiochilus in uncertain at the present even though the requirements of the four plant taxa the Vail Lake area of Riverside County. landowner possesses development considered herein, naturally limit their State Route 79 (SR 79) has been entitlements and CDFG may purchase a distribution to clay soils formed from proposed for widening from two to four portion of this population (Royce gabbro and alluvial scrub (sandy washes lanes and may impact some populations Riggan, RBR Associates, pers. comm. 51448 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules

1993). Some of the smaller populations California Fish and Game Code, makes adverse impacts. However, it does not are on land owned by sand-mining it eligible for State listing. Although require that the lead agency select an interests where mining-related NPPA and CESA both prohibit the alternative with the least significant activities, trash dumping, and access ‘‘take’’ of State-listed plants (Chapters impact to the environment (40 CFR, roads are destroying and degrading its 10 and 1.5, sections 1908 and 2080 1500 et seq.). habitat. respectively), these statutes appear to Land-use planning decisions, at the B. Overutilization for commercial, inadequately protect against the taking local level, are made on the basis of recreational, scientific or educational of such plants via habitat modification environmental review documents, purposes. Fremontodendron or land use change by the landowner. prepared in accordance with CEQA or mexicanum, Berberis nevinii and Nolina After the California Department of Fish NEPA, which often do not adequately interrata are sold in the nursery trade. and Game notifies a landowner that a address ‘‘foreseeable future’’ or However, reportedly seed and cuttings State-listed plant grows on his or her ‘‘cumulative’’ impacts to non-listed of F. mexicanum and B. nevinii are property, State law requires only that species and their habitat. As with derived from existing cultivars (Elena the landowner notify the agency ‘‘at section 404 permits described below, Benge, Tree of Life Nursery, San Juan least 10 days in advance of changing the the Service’s comments through the Capistrano, California, pers. comm. land use to allow salvage of such plant’’ NEPA and CEQA review processes are 1995). Take of N. interrata plants from (California Fish and Game Code, only advisory. the wild for the nursery trade has been Chapter 10, section 1913). In 1991, the State of California identified as a threat to the species The California Environmental Quality established the Natural Community (CDFG 1992). Access to most of the Act (CEQA) (Public Resources Code, Conservation Planning (NCCP) Act to remaining locations of all four plant section 21000 et seq.) requires a full address conservation needs throughout species is limited by private property disclosure of the potential the state. Chaparral and closed-coned boundaries and/or rugged terrain environmental impacts of proposed coniferous forest habitats and two of the (CNNDB 1992, unpublished Service projects. The public agency with four species (Nolina interrata and data). primary authority or jurisdiction over Fremontodendron mexicanum) are C. Disease or predation. No evidence the project is designated as the lead being considered under the Multiple suggests that disease or predation have agency, and is responsible for Species Conservation Program (MSCP) affected the plant species under conducting a review of the project and plan. This program, under development consideration herein. consulting with the other agencies by the City of San Diego, County of San D. The inadequacy of existing concerned with the resources affected Diego, other coastal cities, and private regulatory mechanisms. Existing by the project. Section 15065 of the land owners, is a component of the regulatory mechanisms that could CEQA Guidelines requires a finding of NCCP program. A draft plan for the provide some protection for these significance if a project has the potential MSCP has been developed but has not species in the United States include: (1) to ‘‘reduce the number or restrict the been approved. As currently proposed, listing under the California Endangered range of a rare or endangered plant or Species Act; (2) adequate consideration animal’’ including those that are eligible while the plan will benefit the species, under the California Environmental for listing under NPPA and CESA. Once it will not preclude listing of F. Quality Act (CEQA) and the National significant effects are identified, the mexicanum because of extremely Environmental Policy Act (NEPA); (3) lead agency has the option to require limited numbers of populations (1 local laws and regulations; (4) section mitigation for effects through changes in confirmed in the United States) and 404 of the Federal Clean Water Act, and the project or to decide that ‘‘overriding individuals (fewer than 100). While section 1603 of the California Fish and social and economic considerations’’ protection of N. interrata would likely Game Code; (5) occurrence with other make mitigation infeasible (California be adequate within those areas covered species protected by the Federal Public Resources Code, Guidelines, by the MSCP (3 populations), the Endangered Species Act; (6) adequate section 15093). In the latter case, implementation of the MSCP would not consideration in State or regional projects may be approved that cause likely preclude the need for listing this conservation planning efforts such as significant environmental damage, such species because significant populations the Natural Community Conservation as destruction of endangered plant occur on unprotected lands east of the Planning Program and other wide range species. Protection of listed plant MSCP planning area. The County of San multispecies efforts; (7) land acquisition species under CEQA is, therefore, Diego is in the process of planning for and management by Federal, State, or dependent upon the discretion of the conservation in the eastern portion of local agencies, or by private groups and lead agency. the county, but a draft plan is not organizations; and (8) inclusion in While CEQA pertains to projects on expected in the near future. Appendix I of CITES. non-Federal land, the National The Service is working with Riverside The California Fish and Game Environmental Policy Act (NEPA) (42 and San Bernardino counties to create Commission has listed Nolina interrata, U.S.C. 4321 to 4347) requires disclosure multispecies plans that may benefit Mahonia (=Berberis) nevinii, and of the environmental effects of projects Ceanothus ophiochilus and Berberis Ceanothus ophiochilus as endangered within Federal jurisdiction. Species that nevinii. Both plans are in the planning under the Native Plant Protection Act are listed by the State, but not proposed stage and it is uncertain to what degree (NPPA) (California Fish and Game Code, or listed as threatened or endangered by they will be successful in providing Div. 2, Chapter 10, section 1900 et seq.) the Federal government, are not protection for these species. However, and the California Endangered Species protected when a proposed Federal these multispecies plans will likely Act (CESA) (Div. 3, Chapter 1.5, section action is considered a ‘‘categorical provide significant benefits to both 2050 et seq.). Fremontodendron exclusion.’’ NEPA requires that each of species. While B. nevinii is distributed mexicanum is included on List 1B of the the project alternatives recommend beyond San Bernardino and Riverside California Native Plant Society’s ways to ‘‘protect, restore and enhance counties, the implementation of Inventory of Rare and Endangered the environment’’ and ‘‘avoid and adequate biologically sound Plants, which, in accordance with minimize any possible adverse effects,’’ multispecies plans in these counties section 1901, chapter 10 of the when implementation poses significant may fulfill Endangered Species Act Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51449 requirements for this species within also known to be occupied by D. Although Ceanothus ophiochilus is these counties. leptoceras, and E. densiflorum ssp. dependent on occasional fires for seed Section 404 of the Clean Water Act, sanctorum, these species are not known germination, it does not reproduce administered by the U.S. Army Corps of from any specific site where B. nevinii vegetatively after a fire. Very high fire Engineers (Corps), could provide for also occurs. frequencies prevent newly germinated conservation or protection of Berberis The Nature Conservancy has acquired plants from reaching reproductive nevinii populations along alluvial lands on Sycuan Peak and McGinty maturity and will result in population features. Alluvial scrub habitats, which Mountain in San Diego County, which declines or extirpation once the historically supported Berberis nevinii, protect part of the population of Nolina underground seed bank has been have been reduced in extent by 95 interrata (CDFG 1992), however the depleted. percent due to urban and agricultural amount of habitat acquired is not In other cases, the reduced frequency development (CNDDB 1992, Rey- adequate to ensure protection of the of fire due to fire suppression programs Vizgirdas 1994). These habitats must be species. Acquisition of lands to protect can adversely affect the viability of considered under CEQA or NEPA and Berberis nevinii and Fremontodendron plant populations by reducing genetic may be regulated, in part, by the mexicanum has been proposed by the diversity. While frequent fires are a permitting processes of the Corps under Bureau of Land Management (1992), but threat to the survival of Ceanothus section 404 of the Clean Water Act. the action has not yet been ophiochilus, fire suppression would Under section 404 the Corps regulates, implemented. These actions would also represent a threat to this species through a permitting program, the increase protection for a small segment because it would inhibit seed discharge of dredged or fill material into of the B. nevinii population, and all of germination. Therefore, controlled waters of the United States. Waters of the known populations of F. mexicanum burns may be necessary, in some cases, the U.S. include lakes, rivers, streams in the United States. to maintain population vigor and and any wetlands adjacent to these The proposed land acquisitions and rejuvenation (Boyd 1991). Likewise, flowering of Nolina features, as well as isolated wetland management practices discussed above interrata is stimulated by fire. In the areas. However, upland (non-wetland) would protect significant portions of the areas are not subject to regulation or absence of fire, it reproduces primarily populations of the plant species protection under the Corps’ regulatory by cloning a new plant from its considered herein, and the Service program. Depending on the frequency underground caudex. Genetic diversity supports their implementation. and duration of inundation, soil for N. interrata can only be maintained However, these actions are only characteristics and vegetative if the plant flowers and reproduces proposed and the likelihood of their composition of B. nevinii habitat, sexually. One population is cloned from implementation is uncertain. Even if potential habitat for the species may not a single female plant. If populations are implemented, they would not eliminate be within the jurisdictional boundaries entirely female, pollen from disjunct threats due to an alteration of the of section 404. As a result, any projects populations would be required for natural fire periodicity, habitat affecting such habitat likely would flower fertilization. However, flowers in receive no environmental review. fragmentation, and randomly occurring disjunct populations may not bloom Federal candidate species receive no natural events (discussed below). simultaneously since flowering is, in special consideration under section 404. Significant portions of these plant part, dependent upon fire (Dice 1989). In addition, emergency flood control populations would still not have The effects of altered fire frequencies measures may circumvent compliance appropriate management or would be on Berberis nevinii are not known. Basal with these statutes. For example, as part outside the proposed areas of burls indicate that B. nevinii is able to of emergency measures, vegetation acquisition (with the exception of F. stump sprout; however, vegetative stripping occurred in Riverside and San mexicanum). propagation has been unsuccessful in Bernardino counties throughout the E. Other natural or manmade factors cultivation. This species propagates in potential range of B. nevinii after affecting their continued existence. Fire the wild by seed, but seed production flooding subsided in the spring of 1993. management practices are adversely and fertility are sporadic. The Act may incidentally afford affecting Ceanothus ophiochilus, Hybridization threatens Ceanothus protection to the species under Berberis nevinii, Nolina interrata, and ophiochilus throughout its populations. consideration in this proposal if they co- Fremontodendron mexicanum because Potential hybrids have been observed at exist with species already listed as the habitat requirements for these the edge of the Vail Lake population, threatened or endangered under the Act. species depend upon natural fire near the contact zone with adjacent The least Bell’s vireo (Vireo bellii patterns. Alteration of natural fire metasedimentary substrates. The other pusillus), coastal California gnatcatcher periodicity can have various adverse three populations, located nearby in the (Polioptila californica californica), effects on plants that evolved to survive Agua Tibia Wilderness Area, have been southwestern willow flycatcher in an ecosystem that included natural significantly affected by hybridization (Empidonax traillii extimus), arroyo fires. Human population increases are with C. crassifolius. At least 10 to 15 toad (Bufo microscaphus californicus), generally accompanied by increased percent of two of the Agua Tibia slender-horned spineflower incidence of local accidental fires. As populations represent pure hybrid (Dodecahema leptoceras), and Santa regional population density continues to individuals and it is likely that a large Ana River woolly star (Eriastrum increase, fire suppression measures are portion, or possibly all of the densiflorum ssp. sanctorum) are listed intensified in surrounding undeveloped individuals in these populations are as endangered or threatened under the areas. The natural period between fires introgressed to some degree (Shaffer Act and occur within the same in these areas then may be lengthened. 1993). The hybridization is likely the geographical area as the species Also, during fire events, bulldozers are result of disturbance by fire and fire proposed herein. However, these used to scrape fire breaks through management practices such as species are not found in the same vegetation to stop the advance of a fire. bulldozed firebreaks (Chris Frazier, San habitat as three of the proposed plant Fire breaks may increase erosion on Diego State University, in litt. 1993). taxa. Though Berberis nevinii is known slopes which may slow chaparral (and Risk of extinction from naturally to occur in alluvial fan scrub which is species) recovery. occurring events threatens all of the 51450 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules plant taxa discussed herein by virtue of caused threats because it is fragmented by the species, at the time it is listed in their small population size and limited and disjunct. Recolonization of burned accordance with the Act, on which are distribution (e.g., the extant population or modified habitats is unlikely because found those physical or biological of Fremontodendron mexicanum is of the long dispersal distance from features (I) essential to the conservation fewer than 100 individuals). Genetic other, if any, populations. Edaphic (soil- of the species and (II) that may require viability is reduced in small related) endemism, a trait of all of these special management considerations or populations, making them more species, also limits areas suitable for protection; and (ii) specific areas vulnerable to extinction by manmade or colonization. Currently healthy outside the geographical area occupied natural events. Because N. interrata populations are more subject to disease by the species at the time it is listed, reproduces by cloning, the status of and disturbance because of the lack of upon a determination that such areas genetic diversity in the remaining gene flow from other populations due to are essential for the conservation of the populations is unkown. In addition, isolation. The small numbers and species. ‘‘Conservation’’ means the use Barrett and Kohn (1991) maintain that concentrated populations of all these of all methods and procedures needed characteristics such as low reproductive species also make them vulnerable to to bring the species to the point at success may be the result of random extinction from naturally occurring which listing under the Act is no longer genetic drift. Random genetic drift is the events. Vandalism and inadequate necessary. random change in the gene frequency of regulatory mechanisms exacerbate the Section 4(a)(3) of the Act, as a populations due to ‘‘reshuffling’’ of threats arising from otherwise lawful amended, and implementing regulations gametes from generation to generation. activities. The cumulative effects of (50 CFR 424.12) require that, to the This effect is amplified in small isolated these multiple threats have placed two maximum extent prudent and populations and can result in the of these species in danger of extinction, determinable, the Secretary designate prevalence of detrimental characteristics and two in danger of potential critical habitat at the time the species is in a population. The potential for local extinction. determined to be endangered or extirpation owing to small population The Service has carefully assessed the threatened. The Service finds that size can be exacerbated by best scientific and commercial designation of critical habitat is not environmental conditions such as the information available regarding the past, prudent for these species at this time. recent drought. A single random event present, and future threats faced by Service regulations (50 CFR occurring in a population center can these species in determining to propose 424.12(a)(1)) state that designation of decimate a species beyond recoverable this rule. Based on this evaluation, the critical habitat is not prudent when one numbers. In the case of Berberis nevinii, preferred action is to list Berberis or both of the following situations most individuals are concentrated in nevinii and Fremontodendron exist—(1) The species is threatened by one locality in the Vail Lake area of mexicanum as endangered. Other taking or other human activity, and Riverside County (CNDDB 1992). The alternatives to this action were identification of critical habitat can be species is extremely vulnerable because considered but not preferred because expected to increase the degree of threat its low reproductive success rate not listing these species, or listing them to the species, or (2) such designation of (Mistretta 1989a) and disjunct as threatened would not provide critical habitat would not be beneficial distribution decrease its ability to adequate protection and would not be in to the species. recover from naturally occurring events. keeping with the purposes of the Act. The Service finds that designation of Ceanothus ophiochilus occurs only in Both of these species exist in small critical habitat for Berberis nevinii, southwestern Riverside County. A few isolated populations. The entire Ceanothus ophiochilus, thousand individuals or less exist at population of Fremontodendron Fremontodendron mexicanum, and each of three or four localities (Shaffer mexicanum is estimated to contain less Nolina interrata is not prudent for these 1993). Hybridization with C. crassifolius than 100 plants. Urbanization of species at this time. The additional may reduce the effective reproductive surrounding areas and fire management protection provided by the designation population and intensify the adverse practices threaten both of these species of critical habitat is achieved through effects of random genetic drift in the with extinction throughout their ranges. section 7 of the Act which requires Agua Tibia populations (Barrett and The preferred action for Nolina consultation with the Service on any Kohn 1991). Due to the very small interrata and Ceanothus ophiochilus is projects or activities authorized, funded number of individuals and the verified to list these taxa as threatened. While N. or carried out by Federal agencies. existence of only one U.S. population interrata and C. ophiochilus are not in While actions by the U.S. Army Corps (CNNDB 1992), Fremontodendron danger of extinction throughout all or a of Engineers, the Forest Service, or may mexicanum is subject to the same significant portion of their ranges, they affect some populations of these species, adverse genetic and naturally occurring are likely to become endangered species the majority of the populations of these random effects as C. ophiochilus (Barrett within the foreseeable future. Both species are on private land with little or and Kohn 1991). One of the Dehesa species are fire-dependent for successful no Federal involvement. Therefore, the Valley populations of Nolina interrata is proliferation, and disruption of the designation of critical habitat for these considered to be a single female clone natural fire regime can prohibit future taxa would not appreciably benefit the (Dice, pers. comm. 1995). Cloning generations from establishing. species. makes N. interrata more vulnerable to Continued hybridization of C. In addition, the publication of precise extinction from naturally occurring ophiochilus populations will impair maps and descriptions of critical habitat events, particularly when most of the their reproductive success and alter the in the Federal Register would make populations are found at only one genetic makeup of the species. these plants more vulnerable to location (Oberbauer 1979). Critical habitat is not being proposed incidents of vandalism and, therefore, In summary, the decline of these for these species, as discussed below. could contribute to the decline of these species’ ranges and populations are species. The threat of potential attributable to loss or adverse Critical Habitat vandalism in response to listing a modification of habitat by urban Critical habitat, as defined by section species has been identified by several development. The remaining habitat is 3 of the Act, is: (i) the specific areas sources (Oberbauer 1979, Beauchamp more vulnerable to natural and human- within the geographical area occupied 1993) and may be applicable to others Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51451 given their occurrence on Corps, Federal Highway Administration, the species’ range. All four taxa have predominantly private lands. All and the Immigration and Naturalization populations that occur on either USFS Federal and state agencies and local Service. These agencies either lands or lands managed by BLM. planning agencies involved have been administer lands containing these Collection, damage or destruction of notified of the location and importance species or authorize, fund, or otherwise these species on Federal lands would be of protecting these species’ habitat. conduct activities that may affect these prohibited, although in appropriate Protection of these species’ habitat will species. cases a Federal endangered species be addressed through the recovery The Act and its implementing permit may be issued to allow process. Therefore, the Service finds regulations found at 50 CFR section collection. Such activities on non- that designation of critical habitat for 17.61, 17.62, and 17.63 set forth a series Federal lands would constitute a these plants is not prudent at this time; of general prohibitions and exceptions violation of section 9 if conducted in such designation likely would not that apply to all endangered plants. knowing violation of California State provide any additional benefit to these With respect to the four plant taxa law or regulations, or in violation of species beyond that provided through considered herein, all trade prohibitions State criminal trespass law. their listing as endangered or threatened of section 9(a)(2) of the Act, Three of the proposed species are of species. implemented by 50 CFR 17.61, would horticultural interest and both are apply. These prohibitions, in part, make Available Conservation Measures it illegal for any person subject to the currently in commercial trade, Berberis Conservation measures provided to jurisdiction of the United States to nevinii, Fremontodendron mexicanum, species listed as endangered or import or export, transport in interstate and Nolina interrata. Intrastate threatened under the Act include or foreign commerce in the course of a commerce is not prohibited under the recognition, recovery actions, commercial activity, sell or offer for sale Act. However, interstate and foreign requirements for Federal protection, and in interstate or foreign commerce, or commerce would require a Federal prohibitions against certain practices. remove and reduce to possession any endangered species permit. However, 50 Recognition through listing encourages such species from areas under Federal CFR Part 17.71(a) does not prohibit any and results in conservation actions by jurisdiction. In addition, the 1988 activities with seeds of cultivated Federal, State, and private agencies, amendments (P.L. 100-478) to the Act threatened species provided that a groups, and individuals. The Act make it illegal to maliciously damage or statement that the seeds are of provides for possible land acquisition destroy any such species on areas under ‘‘cultivated origin’’ accompanies the and cooperation with the States and Federal jurisdiction or remove, cut, dig seeds or their container during the requires that recovery plans be up, damage or destroy any such species course of the activity. Other than developed for all listed species. The in knowing violation of any State law or possible interstate commerce by the protection required of Federal agencies regulation, including State criminal public that would be affected by this and the prohibitions against certain trespass law. Certain exceptions apply proposed listing, the Service is not activities involving listed plants are to agents of the Service and State aware of any other activities being discussed, in part, below. conservation agencies. conducted by the public that would be Section 7(a) of the Act, as amended, The Act and 50 CFR 17.62, 17.63 and affected by this proposal and result in requires Federal agencies to evaluate 17.72 also provide for the issuance of a violation of section 9. Questions their actions with respect to any species permits to carry out otherwise regarding whether specific activities that is proposed or listed as endangered prohibited activities involving would constitute a violation of section or threatened and with respect to its endangered and threatened plants under 9 should be directed to the Field critical habitat, if any is being certain circumstances. It is anticipated Supervisor of the Carlsbad Field Office designated. Regulations implementing that trade permits will be sought and (see ADDRESSES section). this interagency cooperation provision issued for at least two of the plant Public Comments Solicited of the Act are codified at 50 CFR part species considered herein that are 402. Section 7(a)(4) requires Federal common in cultivation, Berberis nevinii The Service intends that any final agencies to confer informally with the and Fremontodendron mexicanum. action resulting from this proposal will Service on any action that is likely to Requests for copies of regulations on be as accurate and as effective as jeopardize the continued existence of a listed plants and inquiries regarding possible. Therefore, comments or proposed species or result in them may be addressed the U.S. Fish suggestions from the public, other destruction or adverse modification of and Wildlife Service, Ecological concerned governmental agencies, the proposed critical habitat. If a species is Services, Endangered Species Permits, scientific community, industry, or any listed subsequently, section 7(a)(2) 911 N.E. 11th Avenue, Portland, other interested party concerning this requires Federal agencies to ensure that Oregon, 97232–4181 (telephone 503/ proposed rule are hereby solicited. activities they authorize, fund, or carry 231–2063, FAX 503/231–6243). Comments particularly are sought out are not likely to jeopardize the Nolina interrata is included in concerning: continued existence of such a species or Appendix I of CITES. CITES is a treaty to destroy or adversely modify its established to prevent international (1) Biological, commercial, or other critical habitat. If a Federal action may trade that may be detrimental to the relevant data concerning any threat (or affect a listed species or its critical survival of plants and animals. lack thereof) to Berberis nevinii, habitat, the responsible Federal agency It is the policy of the Service (59 FR Ceanothus ophiochilus, must enter into consultation with the 34272) to identify to the maximum Fremontodendron mexicanum, and Service. extent practicable at the time a species Nolina interrata; Federal agencies expected to have is listed those activities that would or (2) The location of any additional involvement with Berberis nevinii, would not be likely to constitute a populations of these species and the Ceanothus ophiochilus, violation of section 9 of the Act. Such reasons why any habitat should or Fremontodendron mexicanum, and information is intended to clarify the should not be determined to be critical Nolina interrata include the United potential impacts of a species’ listing on habitat as provided by section 4 of the States Forest Service (USFS), BLM, proposed and ongoing activities within Act; 51452 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules

(3) Additional information concerning Statements, as defined under the recordkeeping requirements, the range, distribution, and population authority of the National Environmental Transportation. size of these species; and Policy Act of 1969, need not be Proposed Regulation Promulgation (4) Current or planned activities in the prepared in connection with regulations subject area and their possible impacts adopted pursuant to section 4(a) of the Accordingly, the Service hereby on these species. Endangered Species Act of 1973, as proposes to amend part 17, subchapter The final decision on this proposal amended. A notice outlining the B of chapter I, title 50 of the Code of will take into consideration the Service’s reasons for this determination Federal Regulations, as set forth below: comments and any additional was published in the Federal Register information received by the Service, and on October 25, 1983 (48 FR 49244). PART 17Ð[AMENDED] such communications may lead to a final regulation that differs from this References Cited 1. The authority citation for part 17 proposal. A complete list of all references cited continues to read as follows: The Act provides for a public hearing herein is available upon request from Authority: 16 U.S.C. 1361–1407; 16 U.S.C. on this proposal, if requested. Requests the U.S. Fish and Wildlife Service, 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– must be received within 45 days of the Carlsbad Field Office (see ADDRESSES 625, 100 Stat. 3500, unless otherwise noted. date of publication of the proposal in above). the Federal Register. Such requests 2. Section 17.12(h) is amended by must be made in writing and addressed Author adding the following, in alphabetical to the Field Supervisor of the Carlsbad This proposed rule was prepared by order under FLOWERING PLANTS, to Field Office (see ADDRESSES section). the staff of the Carlsbad Field Office (see the List of Endangered and Threatened ADDRESSES section). Plants, to read as follows: National Environmental Policy Act The Fish and Wildlife Service has List of Subjects in 50 CFR Part 17 § 17.12 Endangered and threatened plants. determined that Environmental Endangered and threatened species, * * * * * Assessments and Environmental Impact Exports, Imports, Reporting and (h) * * *

Species Historic range Family Status When list- Critical Special Scientific name Common name ed habitat rules

******* Flowering Plants

******* Berberis nevinii ...... Nevin's barberry ...... U.S.A. (CA) ...... Berberidaceae ...... E NA NA

******* Ceanothus ophiochilus Vail Lake ceanothus .. U.S.A. (CA) ...... Rhamnaceae ...... T NA NA

******* Fremontodendron Mexican flannelbush .. U.S.A. (CA), Mexico .. Sterculiaceae ...... E NA NA mexicanum.

******* Nolina interrata ...... Dehesa beargrass ..... U.S.A. (CA), Mexico .. Liliaceae ...... T ...... NA NA

*******

Dated: September 20, 1995. DEPARTMENT OF COMMERCE ACTION: Notice of availability of John G. Rogers, amendments to fishery management Acting Director, Fish and Wildlife Service. National Oceanic and Atmospheric plans; request for comments. [FR Doc. 95–24333 Filed 9–29–95; 8:45 am] Administration SUMMARY BILLING CODE 4310±55±P : NMFS announces that the 50 CFR Part 676 North Pacific Fishery Management Council (Council) has submitted [I.D. 092695B] Amendment 32 to the Fishery Management Plan (FMP) for the Limited Access Management of Groundfish Fishery of the Bering Sea Federal Fisheries In and Off of Alaska; and Aleutian Islands Area (BSAI) and Amendments Amendment 36 to the Fishery Management Plan for Groundfish of the AGENCY: National Marine Fisheries Gulf of Alaska (GOA). These Service (NMFS), National Oceanic and amendments are necessary to facilitate Atmospheric Administration (NOAA), full utilization of the allocated resources Commerce. managed under the Individual Fishing Quota (IFQ) Program for the Pacific