[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]
BILLING CODE 4310-55-P