52402 Federal Register / Vol. 61, No. 195 / Monday, October 7, 1996 / Proposed Rules

Highway Administration, 400 Seventh ADDRESSES: The complete file for this plan and the effects of the proposed Street, SW., Washington, DC 20590. rule is available for public inspection, issuance of the incidental take permit Office hours are from 7:45 a.m. to 4:15 by appointment, during normal business on the 85 species. A decision on the p.m. e.t., Monday through Friday, hours at the Carlsbad Field Office, U.S. permit issuance is expected in late 1996. except Federal holidays. Fish and Wildlife Service, 2730 Loker The MSCP will, upon approval, set Authority: [5 U.S.C. §§ 561–570; 5 U.S.C. Avenue West, Carlsbad, California aside preservation areas and provide App. 2 §§ 1–15] 92008. monitoring and management for the 85 Issued on: October 1, 1996. FOR FURTHER INFORMATION CONTACT: Fred ‘‘covered species’’ addressed in the City Jill L. Hochman, Roberts, Biologist (see ADDRESSES of San Diego permit application, including Dudleya blochmaniae ssp. Acting Associate Administrator for Motor section) (telephone: 619/431–9440). brevifolia. ‘‘Covered species’’ are taxa Carriers SUPPLEMENTARY INFORMATION: that will be adequately conserved by the [FR Doc. 96–25594 Filed 10–4–96; 8:45 am] Background plan’s proposed preservation and BILLING CODE 4910±22±P On October 1, 1993, the Service management. Of the six extant published in the Federal Register (58 populations of D. b. ssp. brevifolia, four, including all the major populations, are DEPARTMENT OF THE INTERIOR FR 51302) a proposal to list six taxa of plants from southern maritime chaparral within the City of San Diego and would be protected within the proposed MSCP Fish and Wildlife Service in San Diego and southern Orange counties, California, as endangered or preserve. Moreover, protection is 50 CFR Part 17 threatened. Corethrogyne filaginifolia currently afforded D. b. ssp. brevifolia var. linifolia Hall (Del Mar sand-aster) populations located on State lands RIN 1018±AC01 was included in this proposal. The managed for habitat conservation (e.g., Torrey Pines State Park). Endangered and Threatened Wildlife Service has received additional While some of these populations and Plants; Withdrawal of the information regarding the taxonomic would still be subject to edge effects and Proposed Rule to List the Plants status of C. filaginifolia var. linifolia recreational impacts related to the Dudleya blochmaniae ssp. brevifolia indicating that this taxon is not distinct proximity of existing development (Short-leaved Dudleya) as Endangered, from the more widespread Lessingia (Crest Canyon, Torrey Pines State Park and Corethrogyne filaginifolia var. filaginifolia var. filaginifolia (Lane 1992, Extension) and proposed development linifolia (Del Mar Sand-aster) as 1993). The Service has considered this (Carmel Mountain), proposed Threatened new information and determines that the taxon does not qualify for listing management in the MSCP would reduce AGENCY: Fish and Wildlife Service, under the Act. In determining the existing threats to allow stabilization of Interior. taxonomic validity of species, the Dudleya b. ssp. brevifolia (City of San ACTION: Proposed rule; withdrawal. Service applies current taxonomic Diego 1995; OGDEN 1995; U.S. Fish and understanding (usually as represented Wildlife Service 1996; Cindy SUMMARY: The U.S. Fish and Wildlife in published revisions and Burrescano, California Native Plant Service (Service) withdraws the monographs). The status and/or validity Society, in litt., 1996). The Carmel proposed rule, published in the Federal of such taxa may be reevaluated in the Mountain population in the City of San Register on October 1, 1993 (58 FR future on the basis of new information. Diego is the largest and most significant 51302), to list Dudleya blochmaniae ssp. Dudleya blochmaniae ssp. brevifolia population of this taxon. The proposed brevifolia (short-leaved dudleya) as an Moran was proposed as endangered in preserve design, as defined by the endangered species and Corethrogyne the October 1, 1993, rule. Since the MSCP, will provide for about 90 percent filaginifolia var. linifolia (Del Mar sand- publication of the proposed rule, the preservation at this site. aster) as a threatened species under the MSCP, a regional planning effort in Although the MSCP has not yet been Endangered Species Act of 1973, as southwestern San Diego County, has formally approved by the City of San amended (Act). Additional information been developed, is presently in a public Diego and most other participating has become available to the Service review process, and has been submitted jurisdictions, and the Service has not since publication of the proposed rule to the Service by the City of San Diego yet issued the permit, Dudleya indicating that Corethrogyne as part of an application for a section blochmaniae ssp. brevifolia is protected filaginifolia var. linifolia is no longer 10(a)(1)(B) incidental take permit for 85 by a Resource Protection Ordinance of recognized as taxonomically distinct species, including Dudleya the City of San Diego Municipal Code and therefore does not qualify for listing blochmaniae ssp. brevifolia. The that applies to all biologically sensitive under the Act. The threats to Dudleya incidental take permit would be lands (§ 101.0462). Areas containing blochmaniae ssp. brevifolia have immediately effective only for listed populations of D. b. ssp. brevifolia meet decreased since the proposed rule was species. The Service and the City of San the municipal code definition of published. Dudleya b. ssp. brevifolia is Diego have jointly prepared a ‘‘biologically sensitive lands’’ because considered a ‘‘covered species’’ within Recirculated Environmental Impact the taxon is listed under the California the Multiple Species Conservation Report/Environmental Impact Endangered Species Act. Furthermore, Program (MSCP) of southern San Diego Statement, Issuance of Take the City of San Diego considers lands County. A substantial measure of Authorizations for Threatened and within the proposed preserve to be some interim protection is provided by a Endangered Species due to Urban of the most sensitive lands in the city Resource Protection Ordinance of the Growth within the Multiple Species (Keith Greer, Development Services, City of San Diego. Upon final approval Conservation Program (MSCP) Planning City of San Diego, pers. comm., 1996). of the MSCP, anticipated in late 1996, Area. This document, released on In addition, any development proposed it will provide preservation, monitoring, August 30, 1996, for a 45-day public in the preserve area would take, at a and management within the City of San review period, assesses the effects of minimum, one year to complete the Diego that addresses the conservation of land-use decisions that will be made by building permit process (K. Greer, pers. this taxon. local jurisdictions to implement the comm., 1996) and therefore extend well Federal Register / Vol. 61, No. 195 / Monday, October 7, 1996 / Proposed Rules 52403 beyond the expected issuance date for 50 CFR Part 23 species. This advice is known as a ‘‘no- the MSCP permit. detriment’’ finding. Second, the RIN 1018ÐAD63 The Service will continue to monitor Management Authority must make a the status of Dudleya blochmaniae ssp. Export of River Otters Taken in determination that the animals or plants were not obtained in violation of laws brevifolia and gather information during Missouri in the 1996±97 and for their protection. If live specimens and after the MSCP finalization process. Subsequent Seasons are being exported, the Management If information obtained by the Service AGENCY: Fish and Wildlife Service, Authority must also determine that the indicates that the taxon is threatened or Interior. specimens are being shipped in a endangered, the Service will re-propose ACTION: Reopening of comment period humane manner with minimal risk of or emergency list the plant. on the proposed rule. injury or damage to health. This notice of withdrawal is On January 5, 1984 (49 FR 590), the published concurrently in the Federal SUMMARY: The purpose of this notice is Service published a rule granting export Register with the final rule listing four to advise the public of the availability approval for river otters (Lontra plant taxa from the maritime chaparral of additional information that has been canadensis) and certain other CITES- of southern California and Mexico, in received and will be considered prior to listed species of furbearing mammals the Service’s decision on issuance of the order to resolve the listing status of all from specified States and Indian Scientific Authority and Management six taxa that were proposed together on Nations and Tribes for the 1983–84 and Authority findings on the proposed subsequent harvest seasons. In October 1, 1993 (58 FR 51302). export of river otters harvested in the succeeding years, approval for export of Processing the final listing decisions on State of Missouri. The Service may one or more species of furbearers has these six plant taxa follows the Service’s apply these findings to harvests of river been granted to other States and Indian listing priority guidance published in otters in Missouri during the 1996–97 Nations, Tribes, or Reservations through the Federal Register on May 16, 1996 season and subsequent seasons, subject the rule-making process. These (61 FR 24722). to the conditions applying to approved approvals were and continue to be References Cited States. subject to certain population monitoring DATES: The Service will consider and export requirements. Further City of San Diego. 1995. Neighborhood 8A comments received on or before October information on the CITES requirements precise plan/Del Mar Highlands Estates/ 28, 1996, in making its determination on and the bases for the Service’s Scientific Lorenz Parcel compromise Plan and the proposed rule. Authority and Management Authority Neighborhood 8A acquisition program. findings, as well as a summary of the Final Environmental Impact Report. ADDRESSES: Please send correspondence information previously received from Lane, Meredith A. 1992. New combinations concerning the proposed rule to the in Californian Lessingia (Compositae: Office of Scientific Authority; U.S. Fish the State of Missouri, are presented in Asteraceae), Novon 2: 213–214. and Wildlife Service; 4401 North Fairfax the proposed rule published in the April Lane, Meredith A. 1993. Lessingia in: The Drive, Room 750; Arlington, Virginia 2, 1996, Federal Register (61 FR 14543). Since the close of that proposed rule’s Jepson Manual, Higher Plants of 22203. Comments and materials comment period (on June 3, 1996), the California, J. Hickman (ed.), University received will be available for public Service has met with staff members of of California Press, Berkeley. inspection by appointment, from 8 a.m. the Missouri Department of OGDEN. 1995. Multiple Species to 4 p.m., Monday through Friday, at the Conservation Program public review Conservation and received several Arlington Square Building, 4401 North draft resource document prepared for the documents including: (1) A graph Fairfax Drive, Arlington, Virginia. City of San Diego. showing the relationship between the U.S. Fish and Wildlife Service. 1996. MSCP FOR FURTHER INFORMATION CONTACT: number of licensed trappers in Missouri target plant species analysis: Dudleya Scientific Authority—Dr. Marshall A. and the price of raccoon pelts; (2) a blochmaniae ssp. brevifolia. Howe, Office of Scientific Authority; report on ‘‘Ownership and Use of Traps phone 703–358–1708; fax 703–358– Author by Trappers in the United States in 2276. 1992’’ prepared for the International The primary author of this document Management Authority/State Export Association of Fish and Wildlife is Fred M. Roberts, Carlsbad Field Office Programs—Ms. Carol Carson, Office of Agencies; (3) trapping regulations in (see ADDRESSES section). Management Authority; U.S. Fish and Missouri for the 1996–97 season; (4) a Wildlife Service; 4401 North Fairfax report titled ‘‘Missouri Furbearer Authority Drive, Room 430; Arlington, Virginia Update, Vol. III: 1990–91’’; (5) a 22203; phone 703–358–2095; fax 703– summary of current research projects on The authority for this action is section 358–2281. 4(b)(6)(B)(ii) of the Endangered Species river otters in Missouri; and (6) a SUPPLEMENTARY INFORMATION: The portion of Missouri’s Conservation Act of 1973, as amended (16 U.S.C. 1531 Convention on International Trade in Commission charter, which, among et seq.). Endangered Species of Wild Fauna and other things, stipulates that the Director Dated: September 27, 1996. Flora (CITES) regulates international of the Missouri Department of John G. Rogers, trade in certain animal and plant Conservation is authorized to act for the Acting Director, Fish and Wildlife Service. species. Exports of animals and plants Commission on emergency matters, listed in Appendix II of CITES require [FR Doc. 96–25461 Filed 10–4–96; 8:45 am] subject to ratification by the an export permit from the country of Commission at its next regular meeting. BILLING CODE 4310±55±P origin. As a general rule, export permits This includes authority for emergency only are issued after two conditions are closure of trapping seasons. met. First, the exporting country’s In addition, the Service requested CITES Scientific Authority must advise updated population model scenarios the permit-issuing CITES Management based on there being no harvest season Authority that such exports will not be for river otters in Missouri during the detrimental to the survival of the 1995–96 season and using different