[Federal Register Volume 61, Number 195 (Monday, October 7, 1996)]
[Proposed Rules]
[Pages 52402-52403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25461]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC01
Endangered and Threatened Wildlife and Plants; Withdrawal of the
Proposed Rule to List the Plants Dudleya blochmaniae ssp. brevifolia
(Short-leaved Dudleya) as Endangered, and Corethrogyne filaginifolia
var. linifolia (Del Mar Sand-aster) as Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; withdrawal.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) withdraws the
proposed rule, published in the Federal Register on October 1, 1993 (58
FR 51302), to list Dudleya blochmaniae ssp. brevifolia (short-leaved
dudleya) as an endangered species and Corethrogyne filaginifolia var.
linifolia (Del Mar sand-aster) as a threatened species under the
Endangered Species Act of 1973, as amended (Act). Additional
information has become available to the Service since publication of
the proposed rule indicating that Corethrogyne filaginifolia var.
linifolia is no longer recognized as taxonomically distinct and
therefore does not qualify for listing under the Act. The threats to
Dudleya blochmaniae ssp. brevifolia have decreased since the proposed
rule was published. Dudleya b. ssp. brevifolia is considered a
``covered species'' within the Multiple Species Conservation Program
(MSCP) of southern San Diego County. A substantial measure of interim
protection is provided by a Resource Protection Ordinance of the City
of San Diego. Upon final approval of the MSCP, anticipated in late
1996, it will provide preservation, monitoring, and management within
the City of San Diego that addresses the conservation of this taxon.
ADDRESSES: The complete file for this rule is available for public
inspection, by appointment, during normal business hours at the
Carlsbad Field Office, U.S. Fish and Wildlife Service, 2730 Loker
Avenue West, Carlsbad, California 92008.
FOR FURTHER INFORMATION CONTACT: Fred Roberts, Biologist (see ADDRESSES
section) (telephone: 619/431-9440).
SUPPLEMENTARY INFORMATION:
Background
On October 1, 1993, the Service published in the Federal Register
(58 FR 51302) a proposal to list six taxa of plants from southern
maritime chaparral in San Diego and southern Orange counties,
California, as endangered or threatened. Corethrogyne filaginifolia
var. linifolia Hall (Del Mar sand-aster) was included in this proposal.
The Service has received additional information regarding the taxonomic
status of C. filaginifolia var. linifolia indicating that this taxon is
not distinct from the more widespread Lessingia filaginifolia var.
filaginifolia (Lane 1992, 1993). The Service has considered this new
information and determines that the taxon does not qualify for listing
under the Act. In determining the taxonomic validity of species, the
Service applies current taxonomic understanding (usually as represented
in published revisions and monographs). The status and/or validity of
such taxa may be reevaluated in the future on the basis of new
information.
Dudleya blochmaniae ssp. brevifolia Moran was proposed as
endangered in the October 1, 1993, rule. Since the publication of the
proposed rule, the MSCP, a regional planning effort in southwestern San
Diego County, has been developed, is presently in a public review
process, and has been submitted to the Service by the City of San Diego
as part of an application for a section 10(a)(1)(B) incidental take
permit for 85 species, including Dudleya blochmaniae ssp. brevifolia.
The incidental take permit would be immediately effective only for
listed species. The Service and the City of San Diego have jointly
prepared a Recirculated Environmental Impact Report/Environmental
Impact Statement, Issuance of Take Authorizations for Threatened and
Endangered Species due to Urban Growth within the Multiple Species
Conservation Program (MSCP) Planning Area. This document, released on
August 30, 1996, for a 45-day public review period, assesses the
effects of land-use decisions that will be made by local jurisdictions
to implement the plan and the effects of the proposed issuance of the
incidental take permit on the 85 species. A decision on the permit
issuance is expected in late 1996.
The MSCP will, upon approval, set aside preservation areas and
provide monitoring and management for the 85 ``covered species''
addressed in the City of San Diego permit application, including
Dudleya blochmaniae ssp. brevifolia. ``Covered species'' are taxa that
will be adequately conserved by the plan's proposed preservation and
management. Of the six extant populations of D. b. ssp. brevifolia,
four, including all the major populations, are within the City of San
Diego and would be protected within the proposed MSCP preserve.
Moreover, protection is currently afforded D. b. ssp. brevifolia
populations located on State lands managed for habitat conservation
(e.g., Torrey Pines State Park).
While some of these populations would still be subject to edge
effects and recreational impacts related to the proximity of existing
development (Crest Canyon, Torrey Pines State Park Extension) and
proposed development (Carmel Mountain), proposed management in the MSCP
would reduce existing threats to allow stabilization of Dudleya b. ssp.
brevifolia (City of San Diego 1995; OGDEN 1995; U.S. Fish and Wildlife
Service 1996; Cindy Burrescano, California Native Plant Society, in
litt., 1996). The Carmel Mountain population in the City of San Diego
is the largest and most significant population of this taxon. The
proposed preserve design, as defined by the MSCP, will provide for
about 90 percent preservation at this site.
Although the MSCP has not yet been formally approved by the City of
San Diego and most other participating jurisdictions, and the Service
has not yet issued the permit, Dudleya blochmaniae ssp. brevifolia is
protected by a Resource Protection Ordinance of the City of San Diego
Municipal Code that applies to all biologically sensitive lands
(Sec. 101.0462). Areas containing populations of D. b. ssp. brevifolia
meet the municipal code definition of ``biologically sensitive lands''
because the taxon is listed under the California Endangered Species
Act. Furthermore, the City of San Diego considers lands within the
proposed preserve to be some of the most sensitive lands in the city
(Keith Greer, Development Services, City of San Diego, pers. comm.,
1996). In addition, any development proposed in the preserve area would
take, at a minimum, one year to complete the building permit process
(K. Greer, pers. comm., 1996) and therefore extend well
[[Page 52403]]
beyond the expected issuance date for the MSCP permit.
The Service will continue to monitor the status of Dudleya
blochmaniae ssp. brevifolia and gather information during and after the
MSCP finalization process. If information obtained by the Service
indicates that the taxon is threatened or endangered, the Service will
re-propose or emergency list the plant.
This notice of withdrawal is published concurrently in the Federal
Register with the final rule listing four plant taxa from the maritime
chaparral of southern California and Mexico, in order to resolve the
listing status of all six taxa that were proposed together on October
1, 1993 (58 FR 51302). Processing the final listing decisions on these
six plant taxa follows the Service's listing priority guidance
published in the Federal Register on May 16, 1996 (61 FR 24722).
References Cited
City of San Diego. 1995. Neighborhood 8A precise plan/Del Mar
Highlands Estates/Lorenz Parcel compromise Plan and Neighborhood 8A
acquisition program. Final Environmental Impact Report.
Lane, Meredith A. 1992. New combinations in Californian Lessingia
(Compositae: Asteraceae), Novon 2: 213-214.
Lane, Meredith A. 1993. Lessingia in: The Jepson Manual, Higher
Plants of California, J. Hickman (ed.), University of California
Press, Berkeley.
OGDEN. 1995. Multiple Species Conservation Program public review
draft resource document prepared for the City of San Diego.
U.S. Fish and Wildlife Service. 1996. MSCP target plant species
analysis: Dudleya blochmaniae ssp. brevifolia.
Author
The primary author of this document is Fred M. Roberts, Carlsbad
Field Office (see ADDRESSES section).
Authority
The authority for this action is section 4(b)(6)(B)(ii) of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: September 27, 1996.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 96-25461 Filed 10-4-96; 8:45 am]
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