[Federal Register Volume 59, Number 59 (Monday, March 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7225]
[Federal Register: March 28, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC21
Endangered and Threatened Wildlife and Plants; Proposed
Endangered Status for the Plant Puccinellia Parishii (Parish's Alkali
Grass)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The Fish and Wildlife Service (Service) proposes to list the
plant Puccinellia parishii (Parish's alkali grass) as an endangered
species under the authority of the Endangered Species Act of 1973, as
amended (Act). This ephemeral annual grass occurs in small, widely
disjunct populations in California, Arizona, and New Mexico occupying
desert springs or seeps. Parish's alkali grass is threatened by
alteration of hydrologic flows due to spring or seep development, water
diversion or impoundment, and groundwater pumping; loss of habitat from
farming, grazing, and residential construction activities; limited
distribution; and low population numbers. This proposal, if made final,
would implement Federal protection provided by the Act for Parish's
alkali grass. Critical habitat is not being proposed.
DATES: Comments from all interested parties must be received by May 27,
1994. Public hearing requests must be received by May 12, 1994.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the Field Supervisor, U.S. Fish and Wildlife Service, New
Mexico Ecological Services Field Office, 3530 Pan American Highway, NE,
suite D, Albuquerque, New Mexico 87107. Comments and materials received
will be available for public inspection, by appointment, during normal
business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Anne Cully, at the above address (505/
883-7877).
SUPPLEMENTARY INFORMATION:
Background
Parish's alkali grass was first collected by Samuel Bonsal Parish
at Rabbit Springs in the Mojave Desert of California in 1915. It was
described by A.S. Hitchcock in 1928. Parish's alkali grass has also
been collected in Arizona and New Mexico.
Parish's alkali grass is a member of the grass family (Poaceae). It
is a dwarf, ephemeral, winter-to-spring, tufted annual that flowers
from April to May. The leaves are 1-3 centimeters (cm) (0.4-1.2 inches
(in)) long, firm, upright, and very narrow. Flowering stems are 2-20 cm
(0.8-8 in) long and number 1-25 per plant. The inflorescence is 1-10 cm
(0.4-4 in) long, narrow, and few-flowered. Each division has 2-6
perfect flowers, 3-5 millimeters (mm) (0.1-0.2 in) long, that separate
at maturity.
Parish's alkali grass is known from widely disjunct localities in
California, Arizona, and New Mexico. Its small populations occupy a
very specific desert habitat of alkaline springs and seeps at
elevations of 700-1,800 meters (m) (2,300-6,000 feet (ft)). This
species is dependent upon continuous spring or seep flows. Population
size fluctuates widely in response to climatic conditions and
precipitation.
In Arizona, Parish's alkali grass is documented from several
historic locations on the Navajo and Hopi Indian reservations. These
include a marsh near Tuba City in Coconino County (Phillips and
Phillips 1991) and near Shato (Shonto), Navajo County. There are seven
currently known sites in Arizona, all from the vicinity of Tuba City.
It is unknown whether the historic and currently known locations near
Tuba City are precisely the same. The 7 known populations total
approximately 400 plants and occupy about 0.1 hectare (ha) (0.2 acre
(ac)) of mesic canyon bottom seeps and natural springs. Associated
riparian species include Triglochin spp. (arrowgrass), Distichlis
stricta (saltgrass), and Juncus spp. (rush). The Shato population has
not been relocated; wetland sites may have disappeared in response to
severe overgrazing (B. Hevron, Navajo Natural Heritage Program, pers.
comm., 1993).
Parish's alkali grass presently occurs at two sites in the
California Mojave Desert. The first site is located on a privately
owned multiple spring complex in San Bernardino County. First collected
at these springs in 1915 and later in 1950 (Phillips and Phillips
1991), the species was rediscovered at the spring complex in 1992 (T.
Thomas and C. Rutherford, U.S. Fish and Wildlife Service, pers. comm.,
1993). An estimated 100-200 plants occupy a 50 square (sq) m (500 sq
ft) area, 5-8 m (16-26 ft) downslope from a leaking earthen
impoundment. Associated species include Anemopsis californica (yerba
mansa), Carex spp. (sedge), saltgrass, Hesperochiron pumilus, and
Mimulus guttatus (monkey flower). It is uncertain whether Parish's
alkali grass disappeared at this location or was merely overlooked;
botanists had searched for it repeatedly (Rutherford, pers. comm.,
1993). Alteration of hydrology and loss of habitat could explain why
this species remained undetected for 42 years (Phillips and Phillips
1991). There is little historic information on the land use or
hydrology of this spring complex from which to evaluate the present
condition of the Parish's alkali grass population. However, it is
evident that the spring complex was altered at some point to create
several ponds for livestock use (Thomas, pers. comm., 1993).
Development around this site may have contributed to lowering the water
table to the point that the spring stopped or rarely flowed (Phillips
and Phillips 1991). Jerrold Davis, of the Bailey Herbarium at Cornell
University, noted that the spring itself did not appear to have flowed
for a long time (A. Phillips, Museum of Northern Arizona, pers. comm.,
1991).
A second California population of Parish's alkali grass was
discovered in a remote area of Edwards Air Force Base in Kern County in
1992 (D. Charlton, Edwards Air Force Base, pers. comm., 1993). An
estimated 50-400 plants occupy a total area of 50 sq m (500 sq ft) at
an elevation of 700 m (2,300 ft). The associated halophytic vegetation
includes Atriplex canescens (fourwing saltbush), Suaeda moquinii
(inkweed), Calochortus striatus (alkali mariposa lily), Atriplex
confertifolia (shadscale), and A. spinifera (spinescale) (Charlton,
pers. comm., 1993). This population is located between the base of a
stabilized dune on the east side of Rosamond Dry Lake and a small
barren playa. Additional habitat probably existed where a road now
borders the playa. Past land use is unknown. There are currently no
activities in the area, but due to its roadside location, the site
remains vulnerable to accidental disturbance. This population occurs in
an active dune field and could be buried if the dunes shift or
destabilize.
The largest known population of Parish's alkali grass occurs at a
privately owned spring in Grant County, New Mexico (Phillips and
Phillips 1991). This spring has been captured and the outflow comes out
of two pipes. Parish's alkali grass occurs in a low-lying seep area
about 300 m (1,000 ft) downstream from the spring. This population
occupies approximately 4 ha (10 ac) and varies from 200-5,000 plants,
depending on environmental conditions. Associated riparian species
include Distichlis stricta (saltgrass), Sporobolus airoides (alkali
sacaton), yerba mansa, Scirpus olneyi (Olney bulrush), and Juncus
balticus (wire rush).
Misidentification of Parish's alkali grass by botanists has led to
the inclusion of erroneous localities in the literature. A grass
specimen collected in 1967 near Winkleman, Navajo County, Arizona, was
later identified as Poa annua (annual blue grass). A specimen collected
in 1982 from Clark County, Nevada (Wallace 1993), was later identified
as Leptochloa filiformis (red sprangletop). A specimen collected in
1966 near the town of Red River, Taos County, New Mexico, was recently
identified as annual blue grass (R. Sivinski, New Mexico Energy,
Minerals and Natural Resources Department, pers. comm., 1993).
Federal action on this species began as a result of section 12 of
the Act, which directed the Secretary of the Smithsonian Institution to
prepare a report on those plants considered to be endangered,
threatened, or extinct in the United States. This report, designated as
House Document No. 94-51, was presented to Congress on January 9, 1975.
On July 1, 1975, the Service published a notice in the Federal Register
(40 FR 27823) of its acceptance of the Smithsonian report as a petition
within the context of section 4 (c)(2) (now section 4(b)(3)) of the
Act, and giving notice of its intention to review the status of the
plant taxa named therein. Parish's alkali grass was included as
threatened in this notice of review. On December 15, 1980 (45 FR
82479), the Service published an updated notice reviewing the native
plants being considered for classification as endangered or threatened.
Parish's alkali grass was included in this notice as a Category 1
species. Category 1 comprises taxa for which the Service has on file
substantial data on biological vulnerability and threats to support
preparation of listing proposals. The November 23, 1983, supplement to
the plant notice of review (48 FR 53640) reclassified Parish's alkali
grass as a Category 2 candidate. Category 2 species are those taxa for
which there is some evidence of vulnerability, but for which there are
insufficient data to support listing proposals at the time. Parish's
alkali grass was included as a Category 2 species in the 1985 and 1990
notices of review (50 FR 39525, September 27, 1985; 55 FR 6183,
February 21, 1990). The most recent plant notice of review (58 FR
51144; September 30, 1993) upgraded this species to Category 1 status.
Section 4(b)(3)(B) of the Act requires the Secretary to make
findings on certain pending petitions within 1 year of their receipt.
Section 2(b)(1) of the 1982 amendments further requires that all
petitions pending on October 13, 1982, be treated as having been newly
submitted on that date. Because Parish's alkali grass was included in
the 1975 Smithsonian report, which was accepted as a petition, the
petition to list this species was treated as being newly submitted on
October 13, 1982. From 1983 to 1993, the Service made the required 1-
year findings that listing Parish's alkali grass was warranted, but
precluded by other listing actions of higher priority, in accordance
with section 4(b)(3)(B)(iii) of the Act. Biological data supplied by
Phillips and Phillips (1991) fully support the listing of this species.
Publication of this proposed rule constitutes the final 1-year finding
for this species.
Summary of Factors Affecting the Species
Section 4 of the Act and regulations (50 CFR part 424) promulgated
to implement the Act set forth the criteria and procedures for adding
species to the Federal Lists. A species may be determined to be an
endangered or threatened species due to one or more of the five factors
described in section 4(a)(1). These factors and their application to
Puccinellia parishii Hitchcock (Parish's alkali grass) are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. Parish's alkali grass is
vulnerable to alteration of the hydrologic flows upon which it depends
through water diversion and impoundment, and groundwater pumping. The
development of these fragile spring habitats could eliminate the
already small populations of this species. One population near Tuba
City, Arizona, occurs in a mesic canyon bottom used since the late
1800's for farming. The canyon bottom is divided into a series of plots
that are farmed by individual families (Hevron, pers. comm., 1993).
Water is drained from the canyon bottom each spring by two lateral
ditches and a central drain. It takes about 4-6 weeks for the area to
dry out enough to be farmed. Farming practices such as burning,
herbicide use, and plowing regimes may have impacted this population of
Parish's alkali grass because the grass is present in some farm plots,
but absent in others with apparently similar soils and drainage. Plants
of Parish's alkali grass have been observed plowed up within some plots
(Hevron, pers. comm., 1993). Threats to this and other sites within the
Tuba City area include farming of seep habitat, construction,
recreation, and water diversion.
Livestock have access to most of the currently known sites of
Parish's alkali grass, but apparently do not graze the species.
However, trampling by livestock occurs at the Grant County spring and
in the Tuba City area. Livestock hooves produce surface disturbance
that can develop into gullies, increase soil erosion and surface water
runoff, reduce or eliminate the soil seed bank, open up the habitat to
invasive weedy species, and lessen the ability of Parish's alkali grass
populations to recover.
The most severe types of surface disturbance and habitat alteration
occur when heavy equipment is used within spring or seep habitat. The
San Bernardino County spring complex was changed from a natural spring
into several water impoundments presumably used by livestock. Although
no further construction is currently planned for this site, it is near
the community of Lucerne Valley, which is undergoing an accelerated
rate of development. One population of Parish's alkali grass in the
Tuba City area occurs on a hillside that has been partly leveled by a
bulldozer, possibly for house construction. Such habitat alteration can
cause permanent changes in the soil microhabitat, severe soil erosion,
loss of the soil seed bank, and eventual decline or loss of the
population.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. No economic uses for Parish's alkali grass are
known. However, low population numbers make this species vulnerable to
overcollection by both scientists and rare plant enthusiasts.
C. Disease or predation. Jackrabbits (Lepus californicus) have been
documented grazing the San Bernardino County, California, site during
midsummer (Thomas, pers. comm., 1993). The effect of this predation on
Parish's alkali grass is unknown. No significant disease has been
observed in this species.
D. The inadequacy of existing regulatory mechanisms. Parish's
alkali grass is included as a Highly Safeguarded species on the list of
plants protected under the Arizona Native Plant Law (ARS 3-901),
administered by the Arizona Department of Agriculture. A Highly
Safeguarded species is one ``* * * whose prospects for survival in
this State are in jeopardy* * *.'' The protections afforded a Highly
Safeguarded species include restrictions on collecting and a
requirement for salvage permits. However, all known populations of
Parish's alkali grass in Arizona occur on tribal lands where the
Arizona Native Plant Law does not apply. This species is not currently
protected on the Navajo or Hopi reservations in Arizona. Under title 17
section 507(b) of the Navajo Tribal Code and Navajo Nation Council
Resources Committee Resolution RCF-014-91, the Navajo Fish and Wildlife
Department has developed the Navajo Nation Endangered Species List
(NESL) for tribal lands. Parish's alkali grass is currently listed on
the NESL as a Group 4 species, meaning there is insufficient
information to list it as endangered or threatened on the NESL. There
are currently no restrictions on its collection and/or the modification
of its habitat on the Navajo reservation. The Navajo Fish and Wildlife
Department is in the process of revising the status of Parish's alkali
grass (Hevron, pers. comm., 1993).
Although Parish's alkali grass is not listed as endangered by the
State of California, it is on List 1B of the California Native Plant
Society's Inventory of Rare and Endangered Vascular Plants of
California. List 1B plants are considered ``rare, threatened, or
endangered in California and elsewhere.'' Under the guidelines of the
California Environmental Quality Act, List 1B species are considered
equivalent to State-listed species for the purposes of disclosing
project impacts to sensitive resources in environmental assessments.
However, such disclosure does not confer protection from project
impacts on these species.
Parish's alkali grass is protected in the State of New Mexico by
the New Mexico Native Plant Protection Act (NMFRCD Rule No. 91-1). This
law prohibits collection without a permit from the New Mexico Energy,
Minerals and Natural Resources Department.
E. Other natural or manmade factors affecting its continued
existence. Low population numbers and limited distribution make this
species vulnerable to extinction from both natural and manmade threats.
Further reduction in population numbers could reduce the reproductive
capability and genetic potential of this species. There is a potential
threat of deliberate destruction of plants by individuals concerned
about the perceived loss of property rights resulting from listing
species under the Act.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by this species in determining to propose this
rule. Based on this evaluation, the preferred action is to list
Parish's alkali grass as endangered without critical habitat.
Endangered status is appropriate because there are few remaining
populations and the species' habitat is vulnerable to hydrologic
alteration, development, grazing impacts, and other disturbances.
Critical habitat is not being proposed for the reasons discussed below.
Critical Habitat
Section 4(a)(3) of the Act, as amended, requires that, to the
maximum extent prudent and determinable, the Secretary propose critical
habitat at the time a species is proposed to be endangered or
threatened. The Service finds that designation of critical habitat is
not prudent for Parish's alkali grass at this time. Service regulations
(50 CFR 424.12(a)(1)) state that designation of critical habitat is not
prudent when one or both of the following situations exist--(1) The
species is threatened by taking or other human activity, and
identification of critical habitat can be expected to increase the
degree of such threat to the species, or (2) such designation of
critical habitat would not be beneficial to the species. As discussed
under Factors B and E in the ``Summary of Factors Affecting the
Species,'' Parish's alkali grass is threatened by taking (including
vandalism to habitat), an activity difficult to enforce against and
only regulated by the Act with respect to plants in cases of (1)
removal and reduction to possession of listed plants from lands under
Federal jurisdiction, or their malicious damage or destruction on such
lands; and (2) removal, cutting, digging up or damaging or destroying
in knowing violation of any State law or regulation, including State
criminal trespass law. Such provisions are difficult to enforce, and
publication of critical habitat descriptions and maps would make
Parish's alkali grass more vulnerable and increase enforcement
problems. Pertinent Federal, State, and local government agencies have
been notified of the proposed listing of this species. Other interested
parties will be notified either by mail or by public notice in local
newspapers. Private landowners that have not yet been notified will be
notified of the location and importance of protecting this species'
habitat, following publication of this proposal. Protection of this
species' habitat will be addressed through the recovery process and
through the section 7 jeopardy standard. Therefore, it would not now be
prudent to propose critical habitat for Parish's alkali grass.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Endangered Species Act include recognition,
recovery actions, requirements for Federal protection, and prohibitions
against certain practices. Recognition through listing encourages and
results in conservation actions by Federal, State, and private
agencies, groups, and individuals. The Act provides for possible land
acquisition and cooperation with the States and requires that recovery
actions be carried out for all listed species. The protection required
of Federal agencies and the prohibitions against certain activities
involving listed plants are discussed, in part, below.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is being designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) requires Federal agencies to confer with the
Service on any action that is likely to jeopardize the continued
existence of a species proposed for listing or result in destruction or
adverse modification of proposed critical habitat. If a species is
listed subsequently, section 7(a)(2) requires Federal agencies to
ensure that activities they authorize, fund, or carry out are not
likely to jeopardize the continued existence of such a species or
destroy or adversely modify its critical habitat. If a Federal action
may affect a listed species or its critical habitat, the responsible
Federal agency must enter into formal consultation with the Service.
Possible future Federal actions that could affect Parish's alkali
grass include U.S. Army Corps of Engineers involvement in projects such
as the construction of roads, bridges, and dredging projects subject to
section 404 of the Clean Water Act (33 U.S.C. 1344 et seq.) and section
10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 401 et seq.), and
issuance of loans by the Farmers Home Administration. The Bureau of
Indian Affairs may permit, fund, or carry out actions such as utility
corridors or home construction within spring habitat. Road
construction, training exercises, and other military activities could
affect the species at Edwards Air Force Base.
The Act and its implementing regulations found at 50 CFR 17.61,
17.62, and 17.63 set forth a series of general prohibitions and
exceptions that apply to all endangered plants. All prohibitions of
section 9(a)(2) of the Act, implemented by 50 CFR 17.61, apply. These
prohibitions, in part, make it illegal for any person subject to the
jurisdiction of the United States to import or export, transport in
interstate or foreign commerce in the course of a commercial activity,
sell or offer for sale in interstate or foreign commerce, or to remove
and reduce to possession the species from areas under Federal
jurisdiction. In addition, for plants listed as endangered, the Act
prohibits the malicious damage or destruction on Federal lands and the
removal, cutting, digging up, or damaging or destroying of such plants
in knowing violation of any State law or regulation, including State
criminal trespass law. Certain exceptions apply to agents of the
Service and State conservation agencies.
The Act and 50 CFR 17.62 and 17.63 also provide for the issuance of
permits to carry out otherwise prohibited activities involving
endangered species under certain circumstances. Such permits are
available for scientific purposes and to enhance the propagation or
survival of the species. It is anticipated that few trade permits would
ever be sought or issued because Parish's alkali grass is not common in
cultivation or in the wild. Requests for copies of the regulations on
listed species and inquiries regarding prohibitions and permits may be
addressed to the Office of Management Authority, U.S. Fish and Wildlife
Service, room 420C, 4401 N. Fairfax Drive, Arlington, Virginia 22203
(703/358-2105, FAX 703/358-2281).
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule are hereby solicited. Comments
particularly are sought concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to Parish's alkali grass;
(2) The location of any additional populations of this species and
the reasons why any habitat should or should not be determined to be
critical habitat as provided by section 4 of the Act;
(3) Additional information concerning the range, distribution, and
population size of this species; and
(4) Current or planned activities in the subject area and their
possible impacts on this species.
Final promulgation of the regulation on this species will take into
consideration the comments and any additional information received by
the Service, and such communications may lead to a final regulation
that differs from this proposal.
The Endangered Species Act provides for one or more public hearings
on this proposal, if requested. Requests must be received within 45
days of the date of publication of the proposal in the Federal
Register. Such requests must be made in writing and be addressed to the
Field Supervisor, U.S. Fish and Wildlife Service, New Mexico Ecological
Services Field Office (see ADDRESSES section).
National Environmental Policy Act
The Fish and Wildlife Service has determined that Environmental
Assessments and Environmental Impact Statements, as defined under the
authority of the National Environmental Policy Act of 1969, need not be
prepared in connection with regulations adopted pursuant to section
4(a) of the Endangered Species Act of 1973, as amended. A notice
outlining the Service's reasons for this determination was published in
the Federal Register on October 25, 1983 (48 FR 49244).
References Cited
Hitchcock, A.S. 1928. New species of grasses from the United States.
Proc. Biol. Soc. Wash. 41:157-158.
Phillips, A.M., III, and B.G. Phillips. 1991. Status Report for
Puccinellia parishii. U.S. Fish and Wildlife Service, Ecological
Services, Phoenix, Arizona. 10 pp.
Wallace, R. 1993. Draft Conservation Plan: Parish's Alkali Grass,
Puccinellia parishii. The Nature Conservancy, Santa Fe, New Mexico.
18 pp.
Author
The primary author of this proposed rule is Philip Clayton (see
ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Proposed Regulation Promulgation
Accordingly, the Service hereby proposes to amend part 17,
subchapter B of chapter 1, title 50 of the Code of Federal Regulations,
as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. Section 17.12(h) is amended by adding the following, in
alphabetical order under the family Poaceae, to the List of Endangered
and Threatened Plants to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
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Species
------------------------------------------- Historic range Status When listed Critical Special
Scientific name Common name habitat rules
----------------------------------------------------------------------------------------------------------------
Poaceae--Grass
family:
* * * * * * *
Puccinellia parishii Parish's alkali U.S.A. (AZ, CA, NM) E ........... NA NA
grass.
* * * * * * *
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Dated: March 16, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-7225 Filed 3-25-94; 8:45 am]
BILLING CODE 4310-55-P