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• § 63.1344(a)(3), related to the (San Diego ambrosia) pursuant to the collected near San Diego, California, in temperature operating limit for an in- Endangered Species Act of 1973, as 1836. Asa Gray (Gray 1882), after seeing line kiln/raw mill equipped with an amended (Act). This plant species is specimens of the plant with fruits, alkali bypass; restricted to 15 known occurrences in decided it was closely related to • § 63.1349(e)(3), related to San Diego and Riverside Counties, CA, members of the genus Ambrosia and requirements associated with and also occurs in Estado de Baja published the currently accepted preparation for, and conduct of, a new California, Mexico. Ambrosia pumila combination, Ambrosia pumila (Nutt.) performance test if a source anticipates primarily occurs on upper terraces of A. Gray. This classification has been making an operational change that may rivers and drainages as well as in open recognized by current systematic and adversely affect compliance with an grasslands, openings in coastal sage floristic treatments (Payne 1964, Munz applicable dioxin/furan (D/F) emission scrub habitat, and occasionally in areas 1935, Keck 1959, Ferris 1960, Munz standard; adjacent to vernal pools. This species is 1974, Beauchamp 1986, and Payne • § 63.1350(a)(4)(v) through (vii), threatened by the following: present or 1993). related to visible emission monitoring of threatened destruction, fragmentation, Ambrosia pumila is an herbaceous a totally enclosed conveying system and degradation of habitat primarily by perennial plant species that spreads transfer point; and construction and maintenance of vegetatively by means of slender, • § 63.1350(c)(2)(i), (d)(2)(i), and (e), highways, maintenance of utility branched, underground rhizome-like related to operating conditions during easements, development of recreational roots from which the aerial (above- daily visual opacity observations by facilities, and residential and ground) stems arise. Plants that spread Method 9 (40 CFR part 60, appendix A) commercial development; inadequate in this way are referred to as clonal and daily visual emissions observations regulatory mechanisms; potential species. This clonal growth pattern by Method 22 (40 CFR part 60, appendix competition, encroachment, and other results in groupings of aerial stems A). negative impacts from non-native interconnected by their underground Accordingly, these seven amendments plants; mowing and discing for fuel rhizome-like roots that represent are withdrawn as of July 2, 2002. We modification; and trampling, as well as genetically identical individuals. When will take final action on the proposed soil compaction by horses, humans, and these underground interconnections rule after considering the comments vehicles. This rule implements the disintegrate, aerial stems that are received. We will not institute a second Federal protection and recovery genetically identical are physically comment period on this action. The provisions of the Act for Ambrosia separate. The aerial stems sprout in seventeen provisions for which we did pumila. early spring after the winter rains. Dead not receive adverse comment will DATES: This rule is effective August 1, aerial stems may persist or deteriorate become effective on July 5, 2002, as 2002. after their growing season. Therefore, the plant may not be in evidence at provided in the preamble to the direct ADDRESSES: The supporting record for final rule. some times of the year. The aerial stems this rule is available for inspection, by sprout in early spring after the winter List of Subjects in 40 CFR Part 63 appointment, during normal business rains and deteriorate in late summer. hours at the Carlsbad Fish and Wildlife Therefore, the plant may not be in Environmental protection, Office, U.S. Fish and Wildlife Service, Administrative practice and procedure, evidence from late summer to early 2730 Loker Avenue West, Carlsbad, CA spring. The aerial stems are 5 to 30 Air pollution control, Reporting and 92008. recordkeeping requirements. centimeters (cm) (2 to 12 inches (in)) FOR FURTHER INFORMATION CONTACT: Jim tall, but may grow to 50 cm (20 in), and Dated: June 26, 2002. Bartel, Field Supervisor, at the above are densely covered with short hairs. Robert Brenner, address; telephone 760/431–9440; The leaves are two to four times Acting Assistant Administrator for Air and facsimile 760/918–0638. pinnately divided into many small Radiation. SUPPLEMENTARY INFORMATION: segments and are covered with short, [FR Doc. 02–16642 Filed 7–1–02; 8:45 am] soft, gray-white, appressed (lying flat on Background BILLING CODE 6560–50–P surface) hairs. This wind-pollinated Ambrosia is a genus comprising 35 to species flowers from May through 50 wind-pollinated annual and October with separate male and female DEPARTMENT OF THE INTERIOR perennial plant species in the flower clusters (heads) on the same Asteraceae (sunflower) family. The plant. The male flowers are yellow to Fish and Wildlife Service perennial taxa range from woody shrubs translucent and are borne in clusters on to herbaceous plants with rhizome-like terminal racemes (flower stalks). The 50 CFR Part 17 roots. Rhizomes are underground stems female flowers have no petals and are that produce leafy shoots. Self- yellowish-white. Female flowers are in RIN 1018–AF86 pollination and self-fertility contribute clusters in the axils of the leaves below Endangered and Threatened Wildlife to strong inbreeding among species of the male flower clusters. and Plants; Determination of Ambrosia (Payne 1976). Members of the Although some species of Ambrosia Endangered Status for Ambrosia genus occur predominantly in the have breeding systems that contribute to pumila (San Diego Ambrosia) From Western Hemisphere, especially North strong inbreeding (Payne 1976), the Southern California America. Species are generally found in breeding system of A. pumila has not arid or semiarid areas and some are been studied. The fruiting heads are AGENCY: Fish and Wildlife Service, weeds of cultivated fields or strand enclosed by involucres (composed of Interior. species of Pacific and Caribbean modified leaf-like structures fused ACTION: Final rule. beaches. together) to form cup-like structures that Ambrosia pumila (San Diego have no spines, although some reports SUMMARY: We, the U.S. Fish and ambrosia) was originally described as note a few vestigial (remnant) spines. Wildlife Service (Service), determine Franseria pumila by Thomas Nuttall Few preserved museum specimens have endangered status for Ambrosia pumila (Nuttall 1840) based on a specimen he fertile fruits, and field collections have

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not provided evidence of production of each of the separate occurrences to 1936 (CNDDB 1999), including the significant numbers of viable seeds. preserve the genetic variability recently reported historical occurrence None of the 22 seeds collected from represented in each of the occurrences. in the City of Riverside (Provance et al. three sites at Mission Trails Regional Ambrosia pumila primarily occurs on 2001) which no longer exists. One Park germinated in a test performed by upper terraces of rivers and drainages as occurrence, near a city sidewalk, Ransom Seed Laboratory (City of San well as in open grasslands, openings in reduced to a single stem in 1996 Diego 2000). Although plants may coastal sage scrub, and occasionally in (CNDDB 1999), is considered non-viable flower, the annual reproductive output areas adjacent to vernal pools. The and therefore is not considered as an of fruits may be low. The lifespan of an species may also be found in disturbed extant occurrence. Subtracting these 4 individual plant, as well as the number sites such as fire fuel breaks and edges occurrences, we now believe that there and distribution of seedlings, are of dirt roadways. Associated native are 15 extant native occurrences of this unknown. A. pumila may be plants include Distichlis spicata species, 12 are in San Diego County and distinguished from other species of (saltgrass), Baccharis salicifolia (mule- 3 are in western Riverside County. Ambrosia in the area by its herbaceous fat), Baccharis sarathroides (broom Knowledge of the full extent of the perennial growth form, leaves which are baccharis), Eriogonum fasciculatum historical range of any organism is two to four times pinnately divided, (California buckwheat), and limited by the surviving records. In the cup-like involucres lacking hooked Eremocarpus setigerus (turkey-mullein). case of Ambrosia pumila in San Diego spines, and lack of longer, stiff hairs on In the United States, populations of A. County, the pattern of extirpated the stems and leaves. pumila occur on Federal, State, local occurrences reflects a significant loss of jurisdictional, and private lands in Because Ambrosia pumila is a clonal occurrences from each of the watersheds western San Diego and Riverside species, it is difficult to determine the in which the species occurs rather than Counties. a complete loss from those watersheds. extent of an individual plant. Individual This species has been previously plants persist as a herbaceous rhizome- The pattern in Riverside County is reported from 49 occurrences in the different in that the recently discovered like root systems. These underground United States (California Natural systems are likely intermingled at any record of a historical occurrence reflects Diversity Database (CNDDB) 1999). The a significant loss to the geographical given site. Each year a plant produces a California Department of Fish and Game extent of the range in that county. variable number of aerial stems along its (CDFG) defines the term occurrence for rhizome-like root system. The plants as single plants, a population, or San Diego County underground interconnections may group of nearby populations found Five of the 12 remaining occurrences deteriorate over time leaving genetically within 0.25 miles (mi) (0.4 kilometer of Ambrosia pumila in San Diego identical separate plants that represent (km)) of each other (R. Bittman, CDFG, County are within the Sweetwater River clones. Thus, survey reports that record in litt. 2002). Since publication of the watershed; a sixth near El Cajon was the number of ‘‘plants’’ at a site are in proposed rule, additional information apparently extirpated in 1999 or 2000. fact reporting the numbers of aerial concerning an additional historical Two of the five occurrences are in the stems that represent an unknown occurrence in the Arlington area of the San Diego National Wildlife Refuge number of genetically distinct plants. City of Riverside in Riverside County, (SDNWR). The largest occurrence, in the Because this species is a clonal plant, has become available (Provance et al. northern portion of the SDNWR, was the number of genetically different 2001). Also, an extant occurrence that reported to cover 5.6 hectares (ha) (13.8 individuals in any given occurrence, supports six concentrations of aerial acres (ac)) and supported tens of especially small occurrences, may be stems was found in the Alberhill area of thousands of aerial stems in 1998 very low. Small occurrences of A. Riverside County (Hewitt and McGuire (CNDDB 1999). Recent surveys by pumila may be more susceptible to 2000). Two occurrences, one northwest Service biologists reported this harmful effects from inbreeding, of Sweetwater Dam and another near occurrence to be 1.4 ha (3.5 ac) in 1999 especially if only a portion of the Gillespie Field, were combined with and 1.3 ha (3.2 ac) in 2000 (GIS database population flowers in any given year other adjacent occurrences because of Carlsbad Fish and Wildlife Office). (Barrett and Kohn 1991). Seven of the 15 their close proximity. Six occurrences Differences in the acreage may be due to extant occurrences that support 1,000 or were based on misidentified specimens. different survey methods or the scope of fewer aerial stems may potentially be Three occurrences consist of plants the surveys. Numbers of aerial stems susceptible to extirpation (localized transplanted from other locations that present were not recorded. The second extinction) because of low number of were subsequently partially or totally occurrence on the SDNWR was reported aerial stems or low genetic diversity eliminated (CNDDB 1999). to support aerial stems in 1996. A within the occurrences. There are, as Based on the analysis of this current survey of the second occurrence in 1998 yet, no data to determine a correlation information, we believe that there are 40 (J. Vanderwier, USFWS, in litt. 1998) between the genetic diversity and verifiable native reported occurrences of reported that this site covered less than extirpations of occurrences of this this species. However, 21 of these 40 0.1 ha (less than 0.1 ac) and supported species in the past that were not occurrences have been extirpated, most hundreds of aerial stems (CNDDB 1999). attributed to habitat loss. Preliminary since the 1930s and nearly all by urban Another occurrence on private land near results comparing greenhouse-grown development and highway construction. the junction of Jamul Road and Steele specimens from two native populations One of these 21 occurrences, an Canyon Road was reported to be 0.1 ha of A. pumila indicated that there were occurrence near Graves Avenue in the (0.3 ac) in size in 1996, and less than 0.1 fixed differences between specimens City of El Cajon, San Diego County, that ha (less than 0.1 ac) in 1998 (CNDDB from the two populations represented in was included as extant in the listing 1999; J. Vanderwier, in litt. 1998). this study (H. Truesdale, San Diego proposal, has been extirpated by Numbers of aerial stems have not been State University Biology Department commercial and housing development reported in the various surveys of this (SDSU), in litt. 2000). While the clonal (C. Burrascano, in litt. 2001). Of the site. The 1998 survey indicated an structure of the populations is not remaining 19 extant occurrences, 2 were unknown number of stems at this site known, these preliminary results based on old collections where the and the extension of this occurrence to indicate the importance of maintaining species has not been documented since accommodate a few plants nearby to the

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northeast. This extension was Diego’s Subarea Plan area of the MSCP Riverside, Riverside County has been recognized as a separate occurrence that on a privately owned site. In 1997, 2,000 reported (Provance et al. 2001). supported about 100 stems in 1998 stems were reportedly found in a less Estado de Baja California, Mexico (CNDDB 1999). The remaining than 0.1 ha (0.1 ac) area (CNDDB 1999). occurrence in the Sweetwater River During a site visit in 1999 fewer than The current documented range of watershed in El Cajon is on adjacent 100 stems were found in an area Ambrosia pumila in Mexico extends vacant lots totaling less than 0.1 ha (0.1 estimated to be less than 0.1 ha (less from Colonet south to Lake Chapala in ac) owned by California Department of than 0.1 ac) (G. Wallace, USFWS, in litt. north-central Baja California. Two of the Transportation (Caltrans) and supported 1999). The uphill slope immediately three documented sites were confirmed an estimated 10,000 stems in 1997 (J. adjacent to the site was graded in by D. Hogan, Southwest Center for Vanderwier, in litt. 1997). A. pumila is conjunction with a residential Biological Diversity (now Center for still present on these Caltrans owned development (G. Wallace, in litt. 1999). Biological Diversity ) and C. Burrascano, lots (B. April, Caltrans, pers. comm., The three remaining occurrences in San Diego Chapter, California Native 2002). Caltrans purchased these lots in San Diego County are within the San Plant Society (CNPS) (1996). Although the 1960s as right-of-way for the Luis Rey River watershed near Bonsall. additional occurrences may exist in Baja proposed connector between I–5 and I– Two occur within the planning California Mexico, the species is not 8. This proposal, although still part of boundary of the North County MSCP considered to be widespread because of the Regional Transportation Plan, is not Subarea Plan. These may receive the lack of appropriate habitat and funded and at some point in the future protection if this plan is approved. At impacts from agriculture and urban Caltrans may auction off the parcels (B. one occurrence, some plants are development, especially near the coast. April, pers. comm., 2002). In the presumed extant in a fenced area on Previous Federal Action proposed listing rule we included an Caltrans lands adjacent to State Route additional occurrence in El Cajon on a 76, and some are on private land. Federal Government action on this group of vacant lots 1.9 ha (4.8 ac) in However, the current number of aerial species began pursuant to section 12 of size that supported 6,500 plants (aerial stems or the areal extent of this the Act, which directed the Secretary of stems) in 1998 (CNDDB 1999). This occurrence is not known. The second the Smithsonian Institution to prepare a occurrence was apparently extirpated by occurrence in the area is estimated to be report on those plants considered to be development (C. Burrascano, in litt. 2.6 ha (6.6 ac) in size and reportedly threatened, endangered, or extinct in the 2001). supported about 700 aerial stems in United States. This report, designated Three of the 12 occurrences in San 1996. The third occurrence is within the House Document No. 94–51, was Diego County are within the San Diego planning area for the Multiple Habitat presented to Congress on January 9, River watershed. The largest of these Conservation Plan (MHCP) on private 1975. Ambrosia pumila was not occurrences is in Mission Trails and Caltrans lands near Bonsall and included in this document. A revision Regional Park (MTRP), managed by the reportedly supported 2,000 to 3,000 of the Smithsonian report (Ayensu and City of San Diego, and extends to aerial stems in 1997 (CNDDB 1999). The DeFilipps 1978) provided new lists adjacent private land. The portion of the areal coverage of the eight patches at based on additional data on taxonomy, occurrence on MTRP occupied 13.6 ha this occurrence was calculated to be less geographic range, and endangered status (34 ac) and supported 1,500 stems in than 0.1 ha (0.2 ac) in 2000 (American of taxa, as well as suggestions of taxa to 1994 (CNDDB 1999). One of the areas in Realty Trust, Inc. 2002). be included or deleted from the earlier MTRP identified as Patch C listing. A. pumila, not included in the Riverside County encompasses 1.0 ha (2.5 ac) (City of San first Smithsonian report, was Diego 2000). A portion of that patch, The three extant occurrences known recommended for threatened status in identified as C6 and calculated to be 0.7 from Riverside County are on privately the Ayensu and DeFilipps (1978) report. ha (1.7 ac), supported approximately owned lands. One occurrence, along We published an updated Notice of 178,624 aerial stems in 2001 (City of Nichols Road in the City of Lake Review (NOR), on December 15, 1980 San Diego 2001). The adjacent privately Elsinore, supported an estimated 3,400 (45 FR 82479). This notice included A. owned portion of this occurrence is stems in 1997; a westward extension of pumila as a category 1 candidate afforded protections under the City of the Nichols Road occurrence was species. Category 1 candidate species San Diego’s Subarea Plan of the documented by a specimen collected in were taxa for which we had sufficient Multiple Species Conservation Program 2001 and deposited in the Herbarium at information on biological vulnerability (MSCP) (City of San Diego 1997). The Rancho Santa Ana Botanic Garden and threats to support preparation of second occurrence within the San Diego (RSA), Claremont, CA. Another listing proposals. River watershed and also in MTRP occurrence at a biological preserve at The 1978 Smithsonian report (Ayensu supports an unknown number of Skunk Hollow supported about 100 to and DeFilipps 1978), which included individuals (CNDDB 1999). Both 300 stems in 1998 (B. McMillan, Ambrosia pumila, was accepted as a occurrences in MTRP are afforded USFWS, in litt. 1999). Since publication petition. Section 2(b)(1) of the 1982 protection under provisions of City of of the proposed rule to list Ambrosia amendments to the Act required that all San Diego’s Subarea Plan (City of San pumila, an additional occurrence has petitions pending on October 13, 1982, Diego 1997). The third occurrence been located near Alberhill (Hewitt and be treated as having been newly within the San Diego River watershed McGuire 2000). This occurrence is about submitted on that date. Section occurs at Gillespie Field, a small general 3.5 km (2.1 mi) to the northwest of the 4(b)(3)(B) of the Act further requires the aviation airport, where there are small Nichols Road site and reportedly Secretary to make findings on petitions remnants of the native occurrence consists of about 12,800 aerial stems in within 12 months of their receipt. scattered near the south side of the six concentrations, with most of the Consequently, on October 13, 1983, we airfield. The current status of these stems in a single concentration (Hewitt found that the petitioned listing of this remnants is unknown. and McGuire 2000). Also, since the species was warranted but precluded by One of the 12 occurrences in San listing proposal, a specimen other pending listing actions, in Diego County is within the San Dieguito documenting a historical occurrence in accordance with section 4(b)(3)(B)(iii) of River watershed in the County of San the Arlington area of the City of the Act. Notification of this finding was

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published in the Federal Register on immediate proposal by other pending and 12-month findings for Ambrosia January 20, 1984 (49 FR 2485). Such a proposals of higher priority. However, pumila. finding requires the petition to be because of budgetary restraints, we On May 8, 1998, new listing priority recycled annually, pursuant to section processed petitions in accordance with guidance for Fiscal Years 1998 and 1999 4(b)(3)(C)(i) of the Act. On November the 1997 listing priority guidance was published in the Federal Register 28, 1983, we published a supplement published in the Federal Register on (63 FR 25502). This new guidance (48 FR 53639) to the December 15, 1980, December 5, 1996 (61 FR 64475). This changed the four-tier priority system to NOR of plant taxa for listing. In this guidance identified four tiers of listing a three-tier priority system. Highest NOR, the status of A. pumila was activities to be conducted by us with priority, Tier 1, was assigned to changed to a category 2 candidate appropriate funds. Tier 1, the highest processing emergency listing rules for species. Category 2 candidate species priority, covered emergency listings of any species determined to face a were taxa for which information then in species facing an imminent risk of significant and imminent risk to its our possession indicated that proposing extinction as defined under the well-being. Second priority, Tier 2, was to list the taxa as endangered or emergency listing provisions of section processing final decisions on proposed threatened was possibly appropriate, (4)(b)(7) of the Act. Tier 2, the second listings; resolving the conservation but for which substantial data on priority, included processing of final status of candidate species; the biological vulnerability and threats were determinations for species currently processing of administrative findings on not currently known or on file to proposed for listing. Tier 3, the third petitions to add species to the lists, and support proposed rules. The status of A. priority, addressed efforts under the Act petitions to delist species, or reclassify pumila remained unchanged through, to resolve the conservation status of species; and delisting and reclassifying and including, the September 30, 1993 candidate species and process actions. Lowest priority, Tier 3, was the NOR (58 FR 51143). On February 28, administrative findings on petitions to processing of proposed or final critical 1996, we published an NOR (61 FR add species to the lists or reclassify habitat designations. Under that 7595). In that notice we announced threatened species to endangered status. guidance, the administrative review changes to the way we identify species Tier 4, the lowest priority, covered the process for this petition fell under Tier that are candidates for listing under the processing of critical habitat 2. We published a 90-day finding on the Act that included our discontinuance of determinations, delisting actions, and petition to list Ambrosia pumila as the maintenance of a list of species that reclassification of endangered species to endangered in the Federal Register (64 were previously identified as category 2 threatened status. Under the priority FR 19108) on April 19, 1999. We found candidates. Thus, as a category 2 system and because of the backlog of that substantial information existed candidate, A. pumila was not included species proposed for listing and indicating listing may be warranted and in the February 28, 1996, NOR. awaiting final listing determinations at solicited comments and information On January 9, 1997, we received a that time, we deferred action on listing regarding the finding. However, we did petition dated November 12, 1996, from petitions except where an emergency not receive any comments by May 19, the Southwest Center for Biological existed and where the immediacy of the 1999, the close of the comment period. Diversity and the San Diego Chapter of threat was so great to a significant On October 28, 1999, the District Court the California Native Plant Society, portion of the population that the (Case No. 98–CV–1785 J(RBB)) ordered requesting that Ambrosia pumila be routine listing process would not be us to complete a 12-month finding for listed as endangered pursuant to section sufficient to prevent large losses that A. pumila on or before December 10, 4 of the Act. Additionally, the petition might result in extinction. 1999. appealed for emergency listing pursuant We reviewed the petition and On December 9, 1999, we sent the to section 4(b)(7) of the Act. The supporting documentation to determine proposed rule to list Ambrosia pumila petitioners further requested that critical whether Ambrosia pumila warranted as endangered to the Federal Register. habitat be designated for A. pumila emergency listing pursuant to section On December 29, 1999, it was published concurrent with the listing pursuant to 4(b)(7) of the Act. On July 15, 1997, we (64 FR 72993). This proposed rule 50 CFR 424.12 and the Administrative concluded that emergency listing and constituted the 12-month finding on the Procedure Act (5 U.S.C. 553). On the designation of critical habitat were petition. In the proposed rule we January 23, 1997, we notified the not warranted, and that the petition indicated that designation of critical petitioners that we received their should be processed as a Tier 3 priority habitat was prudent for A. pumila, but petition and that it would be processed task pursuant to the listing priority we did not propose critical habitat at based on the listing priority guidance guidance for fiscal year 1997 (61 FR that time because of budgetary then in effect. 64475). On October 23, 1997, a notice constraints and our current listing Section 4(b)(3)(A) of the Act requires published in the Federal Register (62 priority guidance. Due to limited that we make a finding on whether a FR 55268), announced the extension of resources and the need to undertake petition presents substantial the fiscal year 1997 listing priority other, higher-priority listing actions, the information indicating that the action guidance until such time as the fiscal Service was unable to make a final may be warranted. To the maximum year 1998 appropriation bill for the determination for this species within extent practicable, this finding should Department of the Interior became law the 12-month statutory timeframe be made within 90 days of the receipt and new final guidance was published provided pursuant to the Act. In August of the petition and it should be in the Federal Register. In this notice 2001, the Department of the Interior published promptly in the Federal there were no changes made in the tier reached an agreement in principle with Register. If we determine that listing the system. the Center for Biological Diversity, species may be warranted, section On October 1, 1998, Southwest Center Southern Appalachian Biodiversity 4(b)(3)(B) of the Act requires us to make for Biological Diversity and the Project, and the California Native Plant a finding within 12 months of the date California Native Plant Society filed a Society on a timeframe to make final of the receipt of the petition on whether lawsuit in the United States District listing determinations for 14 species, the petitioned action is (a) not Court for the Southern District of including A. pumila. The agreement warranted, (b) warranted, or (c) California, challenging our failure to was formalized in October 2001 (Center warranted but precluded from produce timely administrative 90-day for Biological Diversity, et al. v. Norton,

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Civ. No. 01–2063 (JR) (D.D.C.). The responses to our requests for peer and threatened species. We may publication of the final rule to list A. review of this listing action. determine that a species is endangered pumila complies with the terms of that Where applicable, we have or threatened due to one or more of the court-approved settlement agreement. incorporated factual information five factors described in section 4(a)(1) provided by the commenters in this of the Act. These factors and their Summary of Comments and final rule. Other statements or Recommendations application to Ambrosia pumila are as comments are addressed below. follows. In our December 29, 1999, proposal to Comment 1: The commenter stated A. The present or threatened list Ambrosia pumila as endangered (64 that two additional populations have destruction, modification, or FR 72993), we requested that all been reported for Riverside County, curtailment of its habitat or range. interested parties provide information bringing the total to four known Twenty-one of the 40 documented concerning the status and distribution of occurrences in Riverside County. native occurrences of this species are the species and threats to the species Our Response: Two new occurrences believed to have been extirpated by and its habitat. During the 60-day have been reported since the human activities, including, but not comment period that closed on February publication of the proposed rule in limited to, urban development as well 28, 2000, we contacted appropriate December 1999. A new historical as highway and utility corridor Federal and State agencies, county and occurrence of the species is based on a construction and maintenance (CNDDB city governments, scientific voucher specimen from the Herbarium 1999). Of the remaining 19 occurrences, organizations, and other interested of Riverside Community College. The parties and requested comments on the specimen, which was verified by the occurrence adjacent to a sidewalk in proposal. In addition, legal notices Andrew Sanders, Curator of the National City (CNDDB 1999) was not announcing the publication of the Herbarium at UCR, was collected in considered viable because of the small proposed rule and opening of the public 1940 in the Arlington area of the City of size of the population, and three comment period were published in the Riverside (Provance et al. 2001). The additional occurrences have not been North County Times and The San Diego other occurrence is near Alberhill where verified in many years. Five of the Union-Tribune on January 6, 2000, and a series of six subpopulations remaining 15 extant native occurrences, in the Riverside Press Enterprise, on supporting over 12,000 aerial stems was including 3 of the larger occurrences, January 7, 2000. We received no reported in 2000 (Hewitt and McGuire are threatened with habitat destruction requests for a public hearing during the 2000). Currently, we are aware of three associated with highway expansion or public comment period. We received extant occurrences in Riverside County. highway rights-of-way maintenance two letters during the comment period, Comment 2: The commenter did not activities including mowing (CNDDB one from the petitioner and one from a think transplantation of Ambrosia 1999). Three known extant occurrences peer reviewer. The comments provided pumila plants from a Caltrans site in the are within the San Luis Rey River information regarding the condition of Sweetwater River drainage to a site in watershed and are potentially several of the occurrences of the species Penasquitos Canyon, a different threatened by highway maintenance and and are incorporated in this final rule. watershed, or to multiple sites, was an expansion of State Route 76 (CNDDB, On March 30, 2000, in response to a appropriate use of those plants. 1999). Since issuance of a Notice of request, we reopened the comment Our Response: Transplantation has Preparation (NOP) in 1999 regarding period (65 FR 16869) for this proposed been used to salvage plants where the widening of State Route 76, the scope of action for an additional 60 days, until occurrence was to be totally or partially the project has been reduced and May 30, 2000. No further comments extirpated. The above-mentioned Caltrans has recently had internal were received during the reopened activities were carried out by Caltrans in scoping meetings to discuss alternatives comment period. the summer of 1996, as a mitigation (J. D’Elia, USFWS, in litt. 2002). One of measure for the unavoidable extirpation these occurrences is west of the Bonsall Peer Review of Ambrosia pumila associated with Bridge and reportedly supported 2,000 In accordance with interagency policy construction of State Route 125/54. This to 3,000 stems in 1997 (CNDDB). While published on July 1, 1994 (59 FR was done prior to publication of the this occurrence is within the boundary 34270), we solicited the expert opinions proposed rule to list the species. As part of a proposed project on Jeffries Ranch, of three independent specialists of the recovery planning process, (along the south side of State Route 76), regarding pertinent scientific or protocols for the collection and use of current project design avoids all of this commercial data and assumptions salvaged materials will be developed, occurrence (American Realty Trust, Inc. relating to the taxonomic, biological, taking into account the reproductive 2002). However, the occurrence is still and ecological information for Ambrosia biology and clonal structure of A. threatened by highway expansion along pumila presented in the proposed rule. pumila. In collecting material for the northern boundary of the property. The purpose of such a review is to propagation, consideration must be A portion of this same occurrence was ensure that listing decisions are based given to maximize genetic variation and inadvertently impacted in 1996 by a San on scientifically sound data, equal numbers of progeny should be Diego Gas and Electric (SDG&E) utility assumptions, and analyses, including obtained from each line (Given 1994). project. The species was found on the the input of appropriate experts. We Caution will be used in employing site during the latter stages of planning received peer review comments from translocation, relocation, and for the project. Some of the aerial stems one of the persons contacted. The peer reintroduction as mitigation for project were salvaged by Pacific Southwest reviewer stated that the proposed action impacts (CDFG 1991). Biological Services, Inc. and have been to list A. pumila as endangered was maintained for future translocation. clear and complete. The peer reviewer Summary of Factors Affecting the Ambrosia pumila still occurs at this also included some statements about Species locality. We have recently received a translocations carried out for the Section 4 of the Act and request from SDG&E for assistance in species. Those comments are implementing regulations (50 CFR Part replanting the A. pumila at this site incorporated in this final rule where 424) set forth the procedures for adding (Sempra Energy in litt. 2001). One of the appropriate. There were no other species to the Federal list of endangered five remaining occurrences within the

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Sweetwater River watershed, near El C. Disease or predation. Disease and terraces of streams where A. pumila is Cajon, reportedly supports more that predation are not known to be factors found. Through the Fish and Wildlife 1,000 stems, and is potentially affecting this plant species. Coordination Act, we may recommend threatened by highway construction D. The inadequacy of existing discretionary conservation measures to (CNDDB 1999) although no project is regulatory mechanisms. Existing avoid, minimize, and offset impacts to currently funded for the site (B. April, regulatory mechanisms that could fish and wildlife resources resulting pers. comm., 2002). In Riverside currently provide some protection for from a water development project County, highway expansion or highway this species include (1) Federal laws authorized by the Corps. Section 404 and utility rights-of-way maintenance and regulations including the National regulations require that applicants threaten a large occurrence (500 to 1,000 Environmental Policy Act (NEPA), the obtain a nationwide, regional, or stems reported in 1998) along Nichols Endangered Species Act in those cases individual permit for projects that Road near Lake Elsinore (CNDDB 1999). where this species occurs in habitat discharge fill material into waters of the Development of recreational facilities occupied by other listed species, the United States. However, because the has also affected Ambrosia pumila Fish and Wildlife Coordination Act, and distribution of this species occurs (CNDDB 1999). One occurrence that section 404 of the Federal Clean Water mainly in non-wetland habitats and may reportedly supported 2,000 aerial stems Act; (2) State laws, including the Native not co-occur with other listed species, in 1997 was apparently significantly Plant Protection Act (NPPA), California the Fish and Wildlife Coordination Act degraded by the construction of a golf Endangered Species Act (CESA), and section 404 of the Clean Water Act course near Del Dios Highway in the California Environmental Quality Act provide only limited opportunities to San Dieguito River watershed, San (CEQA), and section 1603 of the protect A. pumila. California Fish and Game Code; (3) local Diego County (G. Wallace, in litt. 1999). State Laws and Regulation Fewer than 100 aerial stems were found land use processes and ordinances; and Although State laws, including CEQA, on the site which was less than 0.1 ha (4) protection under Mexican laws. CESA, and NPPA at times may provide (less than 0.1 ac) in size (G. Wallace, in Federal Laws and Regulations a measure of protection to species, these litt. 1999). Construction of a NEPA (42 U.S.C. 4321 to 4347) laws are not adequate to protect species campground facility in MTRP by the requires disclosure of the environmental in all cases or may not be applicable to City of San Diego resulted in the loss of effects of projects within Federal a particular species. less than 0.1 ha (0.1 ac) or 10 percent jurisdiction. NEPA requires that the Ambrosia pumila is not listed under of this major population. This impact project alternatives include the CESA although it may be eligible for was the anticipated loss allowable recommendations for protecting, State listing under section 1901, chapter under provisions of the City of San restoring, and enhancing the 10 of the California Department of Fish Diego’s MSCP Subarea Plan (City of San environment. NEPA does not, however, and Game Code. Its inclusion in List 1B Diego 1997). Biological monitoring, a require that the lead agency select an of the California Native Plant Society requirement of MSCP, is in place and alternative with the least significant Inventory (CNPS 2001) may satisfy the biologists periodically evaluate the impact to the environment, nor does it threat requirement of that section. The status of this species and make prohibit implementing a proposed State was petitioned to list this species management recommendations. action in an environmentally sensitive as endangered, under CESA, in June Urban development continues to area (40 CFR 1500 et seq.). 1997. This petition was rejected by the threaten this species. A large occurrence The Endangered Species Act (Act) State because it was not accurate. The in the City of El Cajon that reportedly may afford protection to Ambrosia same petitioner submitted another supported 6,500 stems of Ambrosia pumila if it co-occurs with species petition in February 1998 to list the pumila in 1998 (CNDDB 1999) was already listed as threatened or species as threatened but subsequently apparently extirpated by commercial endangered. A number of federally withdrew the petition in March 1998. and residential development (C. listed species are known to or are likely The State did not comment on our Burrascano, in litt. 2001). In Riverside to co-occur within the range of A. proposal to list this species. County, the recently reported pumila. Protection afforded by these CEQA (Public Resources Code, occurrence near Alberhill (reportedly species through sections 7 and 10 of the section 21000 et seq.) pertains to supporting about 13,000 aerial stems in Act, however, is minimal due to the lack projects on non-Federal lands or 2000) is threatened by development of significantly overlapping habitat activities and requires that a project associated with the Alberhill Sports and requirements. These species include the proponent publicly disclose the Entertainment project (Hewitt & endangered least Bell’s vireo (Vireo potential environmental impacts of McGuire 2000). bellii pusillus) and the threatened proposed projects. The public agency B. Overutilization for commercial, coastal California gnatcatcher (Polioptila with primary authority or jurisdiction recreational, scientific, or educational californica californica). These species over the project is designated as the lead purposes. Overutilization is not known are not known to consistently co-occur agency. The lead agency is responsible to be a factor affecting Ambrosia pumila in the same vegetation communities for conducting a review of the project at this time. The potential threat to this with A. pumila although they may occur and consulting with other agencies species from over-collection may in nearby associated communities. concerned with the resources affected increase upon publication of this rule, The Fish and Wildlife Coordination by the project. Section 15065 of the although we are not aware of any Act and section 404 of the Clean Water CEQA Guidelines requires a finding of incidents of collection of this species Act may afford some protection to significance if a project has the potential resulting from the proposal to list A. Ambrosia pumila where it occurs in to ‘‘reduce the number or restrict the pumila as an endangered species. This waters of the United States that require range of a rare or endangered plant or species has been offered for sale locally, a permit from the U.S. Army Corps of animal’’ including those that are eligible however, the source of the material is Engineers (Corps). Under section 404 of for listing under the NPPA or CESA. unknown (J. Bartel and B. McMillan, the Clean Water Act, the Corps regulates However, under CEQA, where USFWS, pers. comm., 1999; CNPS, in the discharge of fill material into waters overriding social and economic litt. 2000). of the United States, which may include considerations can be demonstrated, a

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project may go forward even where discing for fire breaks to avoid this Social trails that disperse foot traffic adverse impacts to a species are species (A. Davenport, in litt. 2002). The from main trails have been closed by significant. extant occurrence in El Cajon, owned by fencing or signage noting sensitive Caltrans, is also impacted by periodic habitat and an interpretive sign is Mexican Law mowing by an adjacent landowner posted in the area (P. Kilburg, Senior We are not aware of any existing (CNDDB 1999; B. April, pers. comm., Ranger, MTRP, pers. comm., 2002). The regulatory mechanisms in Mexico that 2002). management plan (City of San Diego would protect Ambrosia pumila or its In one documented instance in 1999, 2000) states that 26 percent of all habitat. If A. pumila was specifically the occurrence of Ambrosia pumila at a mapped patches and 24 percent of the protected in Mexico, the portion of the fenced biological preserve at Skunk total area supporting this species are range in Mexico alone would not be Hollow in Riverside County, was grazed impacted by trails. The document also adequate to ensure long-term by sheep (C. Moen, USFWS, in litt. notes that Ambrosia pumila cannot conservation of this species. 1999). Grazing would likely eliminate or withstand trampling from routine foot E. Other natural or manmade factors severely reduce the annual reproductive traffic and that trampling compacts the affecting their continued existence. output of A. pumila and could also soil. Compacted soil may reduce the Non-native plants are considered a reduce the vegetative portions of the percolation of water into the soil and threat to virtually all of the extant plants to a degree that would threaten small patches may be in greater occurrences of Ambrosia pumila their capacity to persist. Grazing was jeopardy than larger patches from this (CNDDB 1999; J. Vanderwier, in litt. not a covered activity in the Rancho type of altered hydrological condition 1998). Non-native species of grasses and Bella Vista Habitat Conservation Plan (City of San Diego 2000). Therefore, the forbs have invaded many of southern that encompasses this area (USFWS plan recommends enhancement of the California’s plant communities. Their 2000). population of A. pumila. The plan presence and abundance are often an Trampling by hikers, horses, and cautions that strategies should be indirect result of persistent and repeated vehicles is likely a threat to any of the carefully tested prior to large-scale habitat disturbance from development, occurrences that are found along trails, implementation or acceptance as a discing, mowing, alteration of local access roads, rights-of-way, and utility reliable enhancement method (City of hydrology, and the presence and easements. At least four of the larger San Diego 2000). Two strategies were maintenance of highways and trails. occurrences of Ambrosia pumila are proposed, one to increase the areal Overgrowth and competition by non- known to be threatened by trampling, extent and absolute numbers of native plants likely affect the including the occurrences at the rhizome-like roots in a given patch. The reproductive potential of this low SDNWR (J. Vanderwier, in litt. 1998; T. other strategy involves increasing the growing, wind-pollinated species Roster, SDNWR, pers. comm., 1999; A. range of the species in MTRP. Removal (CNDDB 1999). Non-native plants found Davenport, in litt. 2002). While the of exotic non-native species and with A. pumila include Brassica spp. effects on the rhizome-like roots by soil planting of native grassland species (mustard), Vulpia spp. (annual fescue), compaction from vehicle traffic has not should be included as funding permits Erodium spp. (crane’s-bill), Bromus spp. been quantified, no aerial stems occur in (City of San Diego 2000). Enhancement (brome grass), and Foeniculum vulgare a wide trail used by hikers and protocols would likely require inclusion (sweet fennel). While scientific studies horseback riders that traverses an of sampling methodologies to identify on the effects of non-native plants on A. occurrence in the SDNWR (A. specific genetic composition of pumila have not been undertaken, the Davenport, in litt. 2002). As an occurrences and obtain material of the presence of these and other non-native avoidance measure, some of the trails desired genotypes. Success criteria will plants is likely to affect (1) pollen and that cross and fragment occurrences of be determined based in part on genetic fruit dispersal by impeding flow of the species at the SDNWR will be composition and dynamics of natural wind-blown pollen and local dispersal abandoned, while those that remain will populations. of seeds; (2) fire patterns by increasing have increased signage to direct hikers Two extant occurrences (CNDDB the fuel loads due to the influx of non- and equestrian users away from the A. 1999) are within the Metro/Lakeside/ native plants; (3) hydrological pumila populations (T. Roster, pers. Jamul segment of the San Diego County conditions by decreasing the amount of comm., 1999). In addition, SDNWR will Subarea Plan of the MSCP (County of water available for A. pumila; and (4) consult under section 7 of the Act for San Diego 1997). At least one of these the cumulative effects by reducing the any proposed actions that may affect A. occurrences is threatened by the parking vegetative productivity and the pumila. of cars on the site and discing of the site apparently low seed production for this The occurrence at Skunk Hollow in (CNDDB 1999). This same occurrence is species. Riverside County is reportedly affected by trampling during Several occurrences of Ambrosia threatened by indirect impacts from maintenance activities on SDG&E utility pumila are threatened by periodic urbanization, including a park, towers (J. Vanderwier, in litt. 1998) and mowing or discing which can reduce surrounding the occurrence (CNDDB trampling associated with children the vegetative vigor of the plants and 1999). These activities could include using the area as a playground for may greatly reduce or eliminate the increased impacts from trail use by walking and riding bicycles (A. chances of reproductive output for the mountain bikes, horses, or hikers. Davenport, in litt. 2002). The area where year. If the plants were mowed in mid Two occurrences are in MTRP. the plants occur appears to be mowed summer to early fall, it is likely that the Coincident with their subarea plan (City periodically (A. Davenport, in litt. flowering portions of the aerial stems of San Diego 1997), the San Diego 2002). would be removed. Vegetation in a fuel Ambrosia Management Plan (City of San As described above in the background modification zone in a portion of one of Diego 2000) includes several section, small occurrences composed of the occurrences in the SDNWR is conservation measures already in place a low number of aerial stems or those periodically mowed or disced (J. at MTRP. These include fencing at area consisting of few genetically distinct Vanderwier, in litt. 1998; A. Davenport, C which supports the highest genotypes are likely at a greater risk of in litt. 2002). In the future, populations concentration of stems of San Diego negative impacts from random events. on the SDNWR will be flagged prior to ambrosia (City of San Diego 2000). This could include fire, which could

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eliminate the reproductive output at an it is listed in accordance with the habitat. While a critical habitat occurrence, kill all of the plants, or provisions of section 4 of the Act, upon designation for habitat currently severely reduce the vegetative capacity a determination by the Secretary that occupied by this species would not be of the plants to sustain reproductive such areas are essential for the likely to change the section 7 structures for some period of time. conservation of the species. consultation outcome because an action We have carefully assessed the best ‘‘Conservation’’ means the use of all that destroys or adversely modifies such scientific and commercial information methods and procedures needed to critical habitat would also be likely to available regarding the threats faced by bring the species to the point at which result in jeopardy to the species, there this species in developing this rule. listing under the Act is no longer may be instances where section 7 Based on this evaluation, listing necessary. consultation would be triggered only if Ambrosia pumila as endangered is Critical habitat designation, by critical habitat is designated. Examples warranted. The species is threatened definition, directly affects only Federal could include unoccupied habitat or with extinction due to present or agency actions through consultation occupied habitat that may become threatened destruction, fragmentation, under section 7(a)(2) of the Act. Section unoccupied in the future. There may and degradation of habitat primarily by 7(a)(2) requires Federal agencies to also be some educational or construction and maintenance of ensure that activities they authorize, informational benefits to designating highways, maintenance of utility fund, or carry out are not likely to critical habitat. Therefore, we determine easements, development of recreational jeopardize the continued existence of a that designation of critical habitat for facilities, and residential and listed species or destroy or adversely Ambrosia pumila is prudent. commercial development; inadequate modify its critical habitat. However, the deferral of the critical regulatory mechanisms; potential Section 4(a)(3) of the Act, as habitat designation for Ambrosia pumila competition, encroachment, and other amended, and implementing regulations will allow us to concentrate our limited negative impacts from non-native (50 CFR 424.12) require that, to the resources on higher priority listing plants; mowing and discing for fuel maximum extent prudent and actions, while allowing us to put in modification; and trampling as well as determinable, the Secretary designates place protections needed for the soil compaction by horses, humans, and critical habitat at the time the species is conservation of A. pumila without vehicles. These threats are compounded determined to be endangered or delay. This is consistent with section by the fact that this species is a clonal threatened. Our regulations (50 CFR 4(b)(6)(C)(i) of the Act, which states that perennial plant that has wind-pollinated 424.12(a)(1)) state that the designation final listing decisions may be issued flowers and may rarely produce viable of critical habitat is not prudent when without concurrent designation of seeds. The number of genetically one or both of the following situations critical habitat if it is essential to the different plants at any given site is exist—(1) the species is threatened by conservation of the species that such unknown, but there are likely multiple taking or other human activity, and determinations be promptly published. aerial stems per plant. This means that identification of critical habitat can be We will prepare a critical habitat some of the smaller occurrences could expected to increase the degree of threat designation for this species in the future represent a single plant. Seven of the 15 to the species, or (2) such designation of at such time when our available occurrences are on private lands, some critical habitat would not be beneficial resources allow it. of these with rights-of-way access where to the species. Available Conservation Measures regular maintenance activities may Ambrosia pumila is potentially impact the plants. Conservation vulnerable to unrestricted over- Conservation measures provided to measures, provided by MSCP, are in collection or vandalism. We are species listed as endangered or place for 5 of the 15 occurrences. Even concerned that these threats might be threatened under the Act include with full protection, this represents only exacerbated by the publication of recognition, recovery actions, one-third of the known occurrences and critical habitat maps and further requirements for Federal protection, and will likely not protect sufficient dissemination of locational information. prohibitions against certain activities. numbers of genetically different plants. However, at this time we do not have Recognition through listing encourages Other occurrences may be conserved in specific evidence of over-collection or and results in conservation actions by future habitat conservation plans. Also, vandalism of A. pumila. This species Federal, State, and private agencies, there are no known examples of has been offered for sale locally, but the groups, and individuals. The Act transplanted or reintroduced origin of the material is unknown. provides for possible land acquisition occurrences of this species in which Consequently, consistent with and cooperation with the States, local sexual reproduction has occurred to applicable regulations (50 CFR agencies, private groups, and sustain either a viable population or 424.12(a)(1)(i)) and recent case law, we organizations and requires that recovery exhibit the genetic diversity found in a do not expect that the identification of actions be carried out for all listed naturally occurring population. critical habitat will increase the degree species. We discuss the protection of threat to this species from over- required by Federal agencies and the Critical Habitat collection or vandalism. prohibitions against taking and harm, in Critical habitat is defined in section In the absence of a finding that critical part, below. 3(5)(A) of the Act as-(i) the specific habitat would increase threats to a Section 7(a) of the Act, as amended, areas within the geographical area species, if there are any benefits to requires Federal agencies to evaluate occupied by a species, at the time it is critical habitat designation, then a their actions with respect to any species listed in accordance with the Act, on prudent finding is warranted. In the that is proposed or listed as endangered which are found those physical or case of this species, there may be some or threatened, and with respect to its biological features (I) essential to the benefits to designation of critical critical habitat, if any is being conservation of the species and (II) habitat. The primary regulatory effect of designated. Regulations implementing which may require special management critical habitat is the section 7 of the Act this interagency cooperation provision considerations or protection; and (ii) requirement that Federal agencies of the Act are codified at 50 CFR Part specific areas outside the geographical refrain from taking any action that 402. Section 7(a)(4) of the Act requires area occupied by the species at the time destroys or adversely modifies critical Federal agencies to confer informally

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with us on any action that is likely to 1996, the City of San Diego in July 1997, Diego’s Subarea Plan (County of San jeopardize the continued existence of a the County of San Diego in March 1998 Diego 1997). proposed species or result in and the City of La Mesa in January 2000. Two existing occurrences remain destruction or adverse modification of All of the 12 extant occurrences in within the City of El Cajon. The City of proposed critical habitat. If a species is San Diego County are in approved or El Cajon submitted a draft MSCP subsequently listed, section 7(a)(2) proposed regional habitat conservation Subarea Plan dated January 2, 1997 requires Federal agencies to ensure that planning areas. Eleven of the 12 extant (City of El Cajon 1997). Neither of the activities they authorize, fund, or carry occurrences in San Diego County are in two occurrences is included within the out are not likely to jeopardize the the MSCP planning area. Two of these 100 percent habitat preserve areas. The continued existence of such a species or occurrences are in the SDNWR. Five of draft plan notes that the plant is to destroy or adversely modify its the nine known occurrences in the considered a narrow endemic species by critical habitat. If a Federal agency MSCP planning area are provided MSCP and the intention of the City of action may affect a listed species or its protection within approved permitted El Cajon to address species and habitat critical habitat, the responsible Federal Subarea Plans. Two of the occurrences, protection through the CEQA process. agency must enter into consultation both at MTRP, are addressed under the The City of El Cajon has not yet with us. approved City of San Diego’s Subarea completed their MSCP subarea plan. Several Federal agencies are expected Plan (City of San Diego 1997) and in the The last time this plan was an agenda to potentially have involvement with San Diego Ambrosia Management Plan item at a meeting with the City of El section 7 of the Act regarding this (City of San Diego 2000). Several Cajon was on May 20, 1999. species. The association of Ambrosia conservation measures are in place at The draft Environmental Impact pumila with terraces of streams may MTRP. These include fencing of the Statement/Environmental Impact Report result in the Corps becoming involved largest concentration of Ambrosia for the MHCP in northwestern San through its permitting authority under pumila, closure of several trails that Diego County was released for review by section 404 of the Clean Water Act and impact the species, and interpretive the San Diego Association of the issuance of permits related to the signage in the area (City of San Diego Governments (SANDAG) and the discharge of fill material into waters of 2000, P. Kilburg pers. comm., 2002). Service in December 2001. The only the United States. The Federal Highway According to the City of San Diego’s known occurrence of this species within Administration may be affected through Subarea Plan (City of San Diego 1997), the planning area is proposed to be potential funding of future highway 90 percent of the only major population conserved. Under the draft MHCP, the construction affecting this species. The will be conserved and 100 percent of the plant would be treated as a narrow Federal Energy Regulatory Commission adjacent portion of the occurrence on endemic species requiring surveys of may be involved through its permitting private lands near the radio tower will suitable habitat and onsite conservation authority for utility projects that may be preserved. The site-specific of 80–100 percent of each occurrence potentially affect this species. The two monitoring plan, with management plan discovered in the area. Two occurrences occurrences of A. pumila on the and directives, include measures to of Ambrosia pumila in San Diego SDNWR receive the protection afforded protect against detrimental edge effects County are within the North County biological resources on the refuge. In (City of San Diego 1997). This Subarea MSCP Subarea Plan, which is also in the addition, SDNWR is managed in Plan also treats this plant as a narrow planning phase. This plan is projected accordance with San Diego MSCP. In the long-term, the SDNWR will develop endemic species requiring impacts to be completed in 2004. a comprehensive conservation plan that within the preserve to be avoided. The County of Riverside anticipates addresses this species and other Outside the preserve, narrow endemic completion of the Western Riverside biological resources. species will be protected through one of Multiple Species Habitat Conservation In 1991, the State of California the following measures: (1) Avoidance; Plan (MSHCP) by December 2002. established the Natural Community (2) management; (3) enhancement; and Ambrosia pumila has been proposed for Conservation Planning (NCCP) program (4) transplantation to areas identified for coverage under this plan and will be to address conservation needs of natural preservation. Unavoidable impacts treated as a narrow endemic species. ecosystems throughout the State. The associated with reasonable use or The three known extant occurrences of initial focus of the NCCP program is the essential public facilities would need to this species in Riverside County are coastal sage scrub community in be minimized and mitigated (City of San within the planning boundaries of the southern California. Regional habitat Diego 1997). MSHCP. One of these is within an area conservation plans have been approved, Under the County of San Diego’s already managed for conservation. The are in development, or are being Subarea Plan, Ambrosia pumila is a other two occurrences are within the planned in San Diego, Orange, narrow endemic species requiring criteria area where conservation is Riverside, San Bernardino, and Los avoidance to the maximum extent proposed. The narrow endemic species Angeles Counties pursuant to the State possible. Where avoidance is infeasible, policy will require pre-project surveys of California Natural Community a maximum encroachment may be and onsite conservation of a portion of Conservation Planning Act of 1991 and authorized of up to 20 percent of the any new populations identified (County section 10(a)(1)(B) of the Act. population on site. Where impacts are of Riverside 2002). The San Diego MSCP establishes a allowed, in-kind preservation shall be SDG&E prepared a subregional 68,800-ha (172,000-ac) preserve and required at a 1:1 to 3:1 ratio depending Natural Communities Conservation provides for monitoring and upon the sensitivity of the species and Plan. The Service, CDFG, and SDG&E management for the 85 covered species population size, as determined in a signed an implementation agreement addressed in the permit, including biological analysis approved by the and memorandum of understanding in Ambrosia pumila. Additionally, A. Service and the CDFG. The occurrences December 1995. Under the provisions of pumila is defined in the MSCP as a near Del Dios Highway in the San this plan, Ambrosia pumila is a covered narrow endemic species. The Service Dieguito River watershed, as well as two species and a narrow endemic species. approved subarea plans under the occurrences near Steele Canyon Road The plan prohibits impacts to occupied MSCP for the City of Poway in July are within the approved County of San habitat except in emergency situations.

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While four of the 12 extant Federal jurisdiction any endangered defined under the authority of the occurrences of Ambrosia pumila in San plant species. In addition, for plants National Environmental Policy Act of Diego County are in areas where listed as endangered, the Act prohibits 1969, need not be prepared in regional habitat conservation planning malicious damage or destruction on connection with regulations adopted is ongoing, the plans have not yet been areas under Federal jurisdiction, and the pursuant to section 4(a) of the approved. These regional planning removal, cutting, digging up, or Endangered Species Act. A notice efforts include MHCP, the North County damaging or destroying of such plants outlining our reasons for this MSCP Subarea Plan, and the City of El in knowing violation of any State law or determination was published in the Cajon Subarea Plan. The details of regulation or in the course of any Federal Register on October 25, 1983 protections for each of the occurrences violation of a State criminal trespass (48 FR 49244). of Ambrosia pumila under each of these law. Certain exceptions to the Paperwork Reduction Act of 1995 (44 plans are being developed and thus are prohibitions apply to agents of the U.S.C. 3501 et seq.) not currently in place. Protections for Service and State conservation agencies. the eight remaining occurrences in San The Act and 50 CFR 17.62 and 17.63 This rule does not contain any new Diego County are discussed above. All also provide for the issuance of permits collections of information that require three of the only known extant to carry out otherwise prohibited approval by the Office of Management occurrences in Riverside County are in activities involving endangered plant and Budget (OMB) under the Paperwork the planning area for the Western species under certain circumstances. Reduction Act (44 U.S.C. 3501 et seq.). Riverside Multiple Species Habitat Such permits are available for scientific Any information collection related to Conservation Plan. Because this plan is purposes and to enhance the the rule pertaining to permits for not yet approved, two of these propagation or survival of the species. It endangered and threatened species has occurrences, including one of the is anticipated that few trade permits OMB approval and is assigned control largest, are not currently afforded any would ever be sought or issued because number 1018–0094, which expires on protections under the MSHCP. this species is not common in July 31, 2004. For additional Listing Ambrosia pumila provides for cultivation or common in the wild. information concerning these permits the development and implementation of Requests for copies of the regulations and associated requirements, see 50 CFR a recovery plan for the species. This concerning listed plants and general § 17.62. inquiries regarding prohibitions and plan will bring together Federal, State, References Cited and local agency efforts for conservation permits may be addressed to the U.S. of the species. A recovery plan will Fish and Wildlife Service, Endangered A complete list of all references cited establish a framework for agencies to Species Permits, 911 NE. 11th Avenue, herein is available, upon request, from coordinate their recovery efforts. The Portland, OR 97232–4181 (telephone the Field Supervisor, Carlsbad Fish and plan will set recovery priorities and 503/231–2063; facsimile 503/231–6243). Wildlife Office (see ADDRESSES section). It is our policy, published in the estimate the costs of the tasks necessary Federal Register (59 FR 34272) on July Author to accomplish the priorities. It will also 1, 1994, to identify to the maximum The primary author of this final rule describe the site-specific management extent practicable those activities that is Gary D. Wallace, Ph.D., U.S. Fish and actions necessary to achieve would or would not be likely to Wildlife Service, Carlsbad Fish and conservation and recovery of the constitute a violation of section 9 of the Wildlife Office (see ADDRESSES section). species. Based on the biology of this Act if a species is listed. The intent of species and preliminary data regarding this policy is to increase public List of Subjects in 50 CFR Part 17 the clonal structure of the species, awareness of the effect of the species’ Endangered and threatened species, attention should be given to listing on proposed and ongoing Exports, Imports, Reporting and preservation of as many genotypes as activities within its range. Collection of recordkeeping requirements, possible. This is most easily listed plants or activities that would accomplished by preserving as many damage or destroy listed plants on Transportation. different occurrences as possible, Federal lands are prohibited without a Regulation Promulgation determining their clonal structure, and Federal endangered species permit. protecting the occurrences from direct Such activities on non-Federal lands Accordingly, we amend part 17, effects of habitat destruction or would constitute a violation of section subchapter B of chapter I, title 50 of the degradation and the indirect effects of 9 of the Act if they were conducted in Code of Federal Regulations as follows: encroachment by invasive non-native knowing violation of California State PART 17— [AMENDED] species. law or regulation, or in the course of The Act and its implementing violation of California criminal trespass 1. The authority citation for part 17 regulations set forth a series of general law. Otherwise, such activities would continues to read as follows: prohibitions and exceptions that apply not constitute a violation of the Act on to all endangered plants. All non-Federal lands. Authority: 16 U.S.C. 1361–1407; 16 U.S.C. prohibitions of section 9(a)(2) of the Act, Questions on whether specific 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500, unless otherwise noted. implemented by 50 CFR 17.61 for activities would likely constitute a endangered plants, apply. These violation of section 9 should be directed 2. Section 17.12(h) is amended by prohibitions, in part, make it illegal for to the Field Supervisor of the Carlsbad adding the following entry in any person subject to the jurisdiction of Fish and Wildlife Office (see FOR alphabetical order under FLOWERING the United States to import or export, FURTHER INFORMATION CONTACT section). PLANTS to the List of Endangered and transport in interstate or foreign Threatened Plants to read as follows: commerce in the course of a commercial National Environmental Policy Act activity, sell or offer for sale in interstate We have determined that § 17.12 Endangered and threatened plants. or foreign commerce, or remove and Environmental Assessments and * * * * * reduce to possession from areas under Environmental Impact Statements, as (h) * * *

VerDate May<23>2002 08:38 Jul 01, 2002 Jkt 197001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM pfrm17 PsN: 02JYR1 44382 Federal Register / Vol. 67, No. 127 / Tuesday, July 2, 2002 / Rules and Regulations

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

FLOWERING PLANTS

******* Ambrosia pumila ...... San Diego ambrosia U.S.A. (CA) Mexico Asteraceae ...... E 727 NA NA

*******

Dated: June 14, 2002. foraging than other frog or toad species. two clades can be further divided into Marshall P. Jones, Jr., Mountain yellow-legged frogs were four subgroups, the northern Sierra Acting Director, U.S. Fish and Wildlife originally described by Camp (1917) as Nevada, central Sierra Nevada, southern Service. a subspecies of Rana boylii. Zweifel Sierra Nevada, and southern California [FR Doc. 02–16370 Filed 7–1–02; 8:45 am] (1955) demonstrated that frogs from the (Macey et al. 2001). In the Sierra Nevada BILLING CODE 4310–55–P high Sierra Nevada and the mountains of California, the mountain yellow- of southern California were somewhat legged frog ranges from northern Plumas similar to each other, yet were distinct County (G. Fellers in litt. 2000) to DEPARTMENT OF THE INTERIOR from the rest of the R. boylii (= boylei) southern Tulare County (Jennings and group. Since that time, most authors Hayes 1994), at elevations mostly above Fish and Wildlife Service have treated the mountain yellow- 1,820 meters (m) (6,000 feet (ft)). The legged frog as a full species, Rana frogs of the southern Sierra Nevada are 50 CFR Part 17 muscosa, following Zweifel’s treatment. isolated from the frogs in the mountains RIN 1018–AF83 Mountain yellow-legged frogs are of southern California by the Tehachapi moderately sized, about 40 to 80 Mountains and a distance of about 225 Endangered and Threatened Wildlife millimeters (mm) (1.5 to 3 inches (in)) kilometers (km) (140 miles (mi)). and Plants; Determination of from snout to urostyle (the pointed bone Mountain yellow-legged frogs were Endangered Status for the Southern at the base of the backbone) (Zweifel historically documented from California Distinct Vertebrate 1955, Jennings and Hayes 1994). The approximately 166 localities in creeks Population Segment of the Mountain skin pattern of the mountain yellow- and drainages in the mountains of Yellow-Legged Frog (Rana muscosa) legged frog is variable, ranging from southern California (Jennings and Hayes discrete dark spots that can be few and 1994). Of these, an estimated 164 AGENCY: Fish and Wildlife Service, large, to smaller and more numerous localities were from creeks and Interior. with a mixture of sizes and shapes, to drainages in the San Gabriel, Big Bear, ACTION: Final rule. irregular patches or a poorly defined and San Jacinto Mountains of Los network (Zweifel 1955). The body color SUMMARY: We, the Fish and Wildlife Angeles, San Bernardino, and Riverside Service (Service), determine endangered is also variable, usually a mix of brown Counties. The two remaining status for the southern California and yellow, but often with gray, red, or occurrences were documented on distinct vertebrate population segment green-brown. Some individuals may be Palomar Mountain in San Diego County (DPS) of the mountain yellow-legged dark brown with little pattern (Jennings and were considered to represent an frog (Rana muscosa) pursuant to the and Hayes 1994). Folds are present on isolated population (Zweifel 1955). Endangered Species Act of 1973, as each side of the back (dorsolateral Currently the mountain yellow-legged amended (Act). This rule implements folds), but usually are not prominent frog is known from only seven locations the Federal protection and recovery (Stebbins 1985). The throat is white or in southern California in portions of the provisions afforded by the Act for this yellow, sometimes mottled with dark San Gabriel, San Bernardino, and San DPS. pigment (Zweifel 1955). The belly and Jacinto Mountains (Backlin et al. 2002). undersurface of the hind limbs are Localities of extant populations of DATES: This rule is effective August 1, yellow, which ranges in hue from pale mountain yellow-legged frogs in 2002. lemon yellow to an intense sun yellow. southern California are reported to range ADDRESSES: Supporting documentation Eye coloration consists of a gold-colored in elevation from approximately 370 m for this rulemaking is available for iris with a horizontal, black counter (1,200 ft) to 2,290 m (7,500 ft) (Stebbins public inspection, by appointment, shading stripe (Jennings and Hayes 1985). Historical localities during normal business hours at the 1994). demonstrating the wide elevation range U.S. Fish and Wildlife Service, Carlsbad The mountain yellow-legged frog is a that mountain yellow-legged frogs Fish and Wildlife Office, 2730 Loker near-endemic species to California inhabited in southern California include Avenue West, Carlsbad, CA 92008. (primarily restricted to California and a Eaton Canyon, Los Angeles County (370 FOR FURTHER INFORMATION CONTACT: Jim small area of Nevada), historically m (1,220 ft)), and Bluff Lake, San Bartel, Field Supervisor, at the above ranging in distribution from southern Bernardino County (2,290 m (7,560 ft)). address (telephone 760/431–9440 and Plumas County in northern California to Southern California mountain yellow- facsimile 760/431–9618). northern San Diego County in southern legged frogs are diurnal (active during SUPPLEMENTARY INFORMATION: California. Within the range of the the daylight hours), highly aquatic frogs, species, there are two major clades (a occupying rocky and shaded streams Background group of organisms that includes all with cool waters originating from The mount