Tuesday, December 24, 2002 Part II Department of the Interior 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Five Carbonate Plants From the San Bernardino Mountains in Southern California; Final Rule VerDate 0ct<31>2002 21:23 Dec 23, 2002 Jkt 200001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\24DER2.SGM 24DER2 78570 Federal Register / Vol. 67, No. 247 / Tuesday, December 24, 2002 / Rules and Regulations DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: The and a number of private stakeholders Carlsbad Fish and Wildlife Office, at the (e.g., mining interests) are in the process Fish and Wildlife Service above address; telephone 760/431–9440, of developing the Carbonate Habitat facsimile 760/431–5902. Information Management Strategy (draft CHMS) to 50 CFR Part 17 regarding this designation is available in conserve four of the five subject alternate formats upon request. carbonate plants while accommodating RIN 1018–AI27 SUPPLEMENTARY INFORMATION: other land uses. The USFS is the lead agency for this action. The goals of the Endangered and Threatened Wildlife Background and Plants; Designation of Critical CHMS are: (1) To protect the listed Habitat for Five Carbonate Plants From The five plants addressed in this plants and the habitat components they the San Bernardino Mountains in designation of critical habitat, require; (2) to guide impact Southern California Astragalus albens (Cushenbury milk- minimization and compensation for vetch), Erigeron parishii (Parish’s daisy), unavoidable impacts; (3) to streamline AGENCY: Fish and Wildlife Service, Eriogonum ovalifolium var. vineum reviews of mining activities in carbonate Interior. (Cushenbury buckwheat), Lesquerella plant habitat; (4) to guide habitat ACTION: Final rule. kingii ssp. bernardina (San Bernardino restoration; and (5) to plan and provide Mountains bladderpod), and Oxytheca for long-term needs of both the mining SUMMARY: Pursuant to the Endangered parishii var. goodmaniana (Cushenbury industry and listed species Species Act of 1973, as amended (Act), oxytheca) (collectively called conservation. One of the primary tasks we, the U.S. Fish and Wildlife Service ‘‘carbonate plants’’ in this document), of the CHMS is to identify and establish (Service), are designating critical habitat are restricted primarily to carbonate- conservation areas for carbonate plant for five plants endemic (restricted) derived soils in the San Bernardino species. Other local or regional habitat primarily to carbonate-derived soils in Mountains of San Bernardino County, conservation planning efforts within the San Bernardino Mountains of California (USFWS 1994). Collectively, areas of carbonate plant habitat include southern California. Four of the plants, these five species are found along a 56- the California Desert Conservation Area Astragalus albens (Cushenbury milk- kilometer (km) (35-mile (mi)) portion of Plan (CDCA) and the West Mojave Plan. vetch), Eriogonum ovalifolium var. the San Bernardino Mountains between BLM is the lead agency for both plans. 1,171 and 2,682 meters (m) (3,842 and vineum (Cushenbury buckwheat), There are approximately 13,200 ha 8,800 feet (ft)) in elevation. This area Lesquerella kingii ssp. bernardina (San (32,600 ac) of carbonate substrates in the contains outcrops of carbonate Bernardino Mountains bladderpod), and northeastern portion of the San substrates (e.g., parent rock), primarily Oxytheca parishii var. goodmaniana Bernardino Mountains that may provide limestone and dolomite, in several (Cushenbury oxytheca) are federally suitable habitat for, and may be listed as endangered and one plant, bands running on an east-west axis along the desert-facing slopes of the San associated with most of, the carbonate Erigeron parishii (Parish’s daisy), is plants (USFWS 1994, Neel 2000, San federally listed as threatened. The Bernardino Mountains; it is generally known as the ‘‘carbonate belt.’’ Bernardino National Forest (SBNF) following total area is designated as geographic information system (GIS) critical habitat for each of the following Carbonate endemics are most uncommon in California, though well data 2001). This area of carbonate plants in San Bernardino County, substrates is contained within the California: A. albens, approximately known worldwide (Kruckeberg 2002). With the exception of one northern 64,900 ha (160,300 ac) draft CHMS 1,765 hectares (ha) (4,365 acres (ac)); planning area. According to the most Erigeron parishii, approximately 1,790 California carbonate endemic species, the carbonate endemics of the San current model being used in the CHMS ha (4,420 ac); Eriogonum ovalifolium process, the SBNF Carbonate Species var. vineum, approximately 2,815 ha Bernardino Mountains of southern California, including the species Suitable Habitat Model (Redar and (6,955 ac); L. kingii ssp. bernardina, Eliason, in litt. 2001), there is a approximately 415 ha (1,025 ac); and O. addressed in this rulemaking, are the only ones in California. combined total of approximately 19,700 parishii var. goodmaniana, ha (48,669 ac) of suitable carbonate approximately 1,275 ha (3,150 ac). Limestone mining was cited as the primary threat to the five carbonate plant habitat for the carbonate plants, Because of the considerable overlap of based on a combination of plant the areas designated as critical habitat plants in the final rule listing these species as endangered or threatened associations, carbonate substrate and for each of the five carbonate plants, the soils derived from carbonate substrate total area being designated as critical (USFWS 1994). The threats to these plants continue to be population (the modeled suitable habitat area is not habitat is approximately 5,335 ha equal to the sum of modeled suitable (13,180 ac). reduction and habitat loss, degradation, and fragmentation from surface mining habitat area for each species because Federal agencies proposing, there is some overlap in the distribution authorizing, or funding actions that may activities. The carbonate plants occur mainly on public lands with unpatented of the species). Based on this model, the affect the areas designated as critical mining claims or on private lands that estimated suitable habitat for each habitat must consult with us on the have been patented (converted from species is: Astragalus albens, effects of the proposed actions pursuant public to private). At the time of listing, approximately 6,868 ha (16,964 ac); to section 7(a)(2) of the Act. a significant number of carbonate plant Erigeron parishii, approximately 8,428 DATES: The effective date of this rule is occurrences and carbonate plant ha (20,818 ac); Eriogonum ovalifolium January 23, 2003. habitats had been negatively affected var. vineum, approximately 8,949 ha ADDRESSES: You may inspect the (USFWS 1994). Carbonate plant losses (22,103 ac); Lesquerella kingii ssp. supporting record for this rule at the and habitat destruction/degradation are bernardina, approximately 6,753 ha Carlsbad Fish and Wildlife Office, U.S. expected to continue under ongoing and (16,679 ac); and Oxytheca parishii var. Fish and Wildlife Service, 6010 Hidden expanded limestone mining operations. goodmaniana, approximately 7,518 ha Valley Road, Carlsbad, CA 92009, by The U.S. Forest Service (USFS), the (18,570 ac). It should be noted that the appointment during normal business Bureau of Land Management (BLM), the SBNF habitat model is limited by hours. U.S. Fish and Wildlife Service (Service), mapping resolution, and therefore, may VerDate 0ct<31>2002 21:23 Dec 23, 2002 Jkt 200001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\24DER2.SGM 24DER2 Federal Register / Vol. 67, No. 247 / Tuesday, December 24, 2002 / Rules and Regulations 78571 contain some unsuitable habitat areas in maturity. The plants generally flower associated with this species (Gonella and may leave out some areas that may from March to May. and Neel 1995). contain suitable habitat. The majority of Occurrences of Astragalus albens are Erigeron Parishii (Parish’s Daisy) known occurrences of the carbonate scattered along the carbonate belt in the plants addressed by the draft CHMS are northeastern San Bernardino Mountains Erigeron parishii was described by in the modeled habitat area. extending from Dry Canyon Asa Gray (1884) based on specimens The California Native Plant Society’s southeastward to the head of Lone collected by Samuel B. Parish at Inventory of Rare and Endangered Valley, a range of 24 km (15 mi) Cushenbury Spring in 1882. Erigeron Plants of California (CNPS Inventory) (Barrows 1988a; California Natural parishii is a perennial herb of the aster (CNPS 2001) classifies each of the five Diversity Data Base (CNDDB), CDFG family (Asteraceae). Plants grow 10 to carbonate plants as List 1B; which they 2002; CNPS 2001; USFWS 1994). In the 35 cm (4 to 14 in) high (Nesom 1993). define as rare, threatened, or final rule to list Astragalus albens, we The simple, linear leaves are 3 to 6 cm endangered in California and elsewhere. indicated that there were fewer than 20 (1 to 2 in) long and soft, silvery-hairy The CNPS Inventory further describes known occurrences (USFWS 1994). The (Nesom 1993, Keck 1959). Flower heads the rarity of all but one of the carbonate CNDDB (CDFG 2002) identifies 17 are solitary borne at the tips of leafy plants as ‘‘one to several highly extant ‘‘element occurrences’’ (e.g., stems, with bluish to pink or white ray restricted occurrences’’ (with Erigeron species occurrences). The SBNF flowers and