[Federal Register Volume 63, Number 177 (Monday, September 14, 1998)]
[Proposed Rules]
[Pages 49063-49065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24503]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD34


Endangered and Threatened Wildlife and Plants; Withdrawal of 
Proposed Rule to List Johnston's Rock-Cress (Arabis johnstonii) 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 
proposal to list Johnston's rock-cress (Arabis johnstonii) as a 
threatened species under the Endangered Species Act of 1973, as amended 
(Act). The Service finds that insufficient information is available to 
substantiate the threats previously identified to the species. Although 
this species has a restricted range and threats can be identified to a 
portion of one of its two major population centers, the Service 
believes these threats are being minimized by the actions of the San 
Bernardino National Forest in managing grazing activities. Also, the 
lack of progress on proposed development in the Pine Meadow area 
diminishes threats to that population. If future development and 
grazing threats re-occur, the Service may revisit the need to list this 
species and repropose Arabis johnstonii, if necessary. Based on the 
lack of such evidence the Service concludes that listing of this 
species is not warranted.

ADDRESSES: The complete file for this rule is available for public 
inspection, by appointment, during normal business hours at the 
Carlsbad Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2730 
Loker Avenue West, Carlsbad, California, 92008.

FOR FURTHER INFORMATION CONTACT: Gary D. Wallace, Ph.D., Botanist, 
Carlsbad Fish and Wildlife Office, U.S. Fish and Wildlife Service, at 
the above address (760/431-9440).

SUPPLEMENTARY INFORMATION:

Background

    On August 2, 1995, the Service published in the Federal Register 
(60 FR 39337) a proposal to list seven plant species from the mountains 
of southern California as endangered or threatened. Included among 
these seven taxa was Arabis johnstonii (Johnston's rock-cress), the 
subject taxon of this withdrawal. Arabis johnstonii was proposed as a 
threatened species in the 1995 proposal. Arabis johnstonii is a member 
of the mustard family (Brassicaceae) and was described by Philip A. 
Munz (1932) based on a collection made in May 1922 by Munz and Ivan M. 
Johnston at Kenworthy, San Jacinto Mountains, Riverside County, 
California. This plant is a herbaceous perennial with a basal rosette 
of linear-oblanceolate, entire, densely pubescent leaves from which the 
flower stalk arises. The petals are purple and 8 to 10 millimeters (mm) 
(0.32 to 0.4 inches (in)) long. The elongate fruits (siliques) are 
erect to spreading, 3 to 5 centimeters (cm) (1 to 2 in) long. This 
species

[[Page 49064]]

flowers f rom February to June. Arabis johnstonii is distinguished from 
other members of the genus in the area by its long, narrow fruits, and 
narrow, linear-oblanceolate, densely gray-hairy leaves (Rollins 1993).
    Arabis johnstonii is found in chaparral and pine forest habitats 
from 1,400 to 2,150 meters (m) (4,500 to 7,050 feet (ft)) in the 
southern San Jacinto Mountains. Two distinct population centers are 
known, one in the vicinity of Garner Valley and the other approximately 
6.5 kilometers (km) (4 miles (mi)) to the east along the Desert Divide. 
This species occurs on private lands and lands administered by the U.S. 
Forest Service (FS).

Summary of Comments and Recommendations

    In the August 2, 1995, proposed rule (60 FR 39337) and associated 
notifications, all interested parties were requested to submit factual 
reports or information to be considered in making a final listing 
determination. The comment period closed on October 9, 1995. 
Appropriate Federal and State agencies, county and city governments, 
scientific organizations, and other interested parties were contacted 
and requested to comment. Individual newspaper notices of the proposed 
rule were published in the San Diego Union-Tribune and The Press-
Enterprise on August 10, 1995. No request for a public hearing was 
received.
    During the comment period, the Service received two written 
comments, both of which opposed the proposed listing. Both comments 
related only to the taxa that occur in the Big Bear Valley region of 
the San Bernardino Mountains, California. No comments specific to the 
Arabis johnstonii were submitted. Specific comments on the other 
species proposed with Arabis johnstonii and general comments relevant 
to the proposed rule are discussed in a separate Federal Register final 
rule, which is published concurrently with this withdrawal. The Service 
solicited peer review of the proposed rule from three independent 
reviewers, however, no responses were received.

Summary of Factors Affecting the Species

    The Service must consider five factors described in section 4(a)(1) 
of the Act when determining whether to list a species. These factors, 
and their application to the Service's decision to withdraw the 
proposal to list Arabis johnstonii (Munz) (Johnston's rock-cress), are 
as follows:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. The proposed rule (60 FR 39337) 
identified residential and recreational development, and destruction 
and degradation of its habitat by livestock in the Lake Hemet and 
Garner Valley areas as threats to Arabis johnstonii. The Service is 
aware, however, of only two reports to substantiate these claims. One 
of these reports (Cole 1979) identifies development as a threat at only 
one of four localities, the other three of which are in, or adjacent 
to, the San Bernardino National Forest. Furthermore, this report 
identifies a need for more field work to determine the present range 
and endangerment of Arabis johnstonii (Cole 1979).
    Berg and Krantz (1982) conducted surveys a few years later on the 
San Bernardino National Forest and lumped the four localities of Cole 
(1979) into two, one in Garner Valley and the second along the 
ridgeline known as Desert Divide several kilometers to the east. At the 
time, it was noted that residential development in Pine Meadow was 
likely to extirpate that portion of the Garner Valley population. 
However, the proposed development in Pine Meadow has not occurred and 
the Service (B. McMillan, USFWS, pers. comm. 1997) is not aware of any 
progress toward development in this area. Berg and Krantz (1982) also 
noted that intensive grazing by cattle would have an adverse impact on 
this species due to increased competition from weedy species as a 
result of trampling of its clay substrate, which is particularly 
vulnerable when it is saturated. This is apparently the only available 
documentation on the significance of cattle grazing as a potential 
threat to Arabis johnstonii. Berg and Krantz (1982) also reported, 
however, that both populations were relatively stable at the time. 
Based on their reported mean population densities and total area, a 
population of over 500,000 plants were in existence. Moreover, in a 
response to a request for information, one of the authors indicated 
that he had not visited the area since 1982, and stated only that ``an 
endangerment status of threatened may be supported by this [1982] 
evidence'' (Tim Krantz, in litt., 1993). Based on further evaluation 
and clarification of the information, the threats are not as 
significant as previously believed. For example, the intensive grazing, 
noted by Berg and Krantz (1982) as a potential threat, has not taken 
place; the development in Pine Meadow, which was anticipated in the 
proposed rule, has not materialized; and finally, the lack of 
corroborative evidence of these threats over the last 15 years has led 
the Service to determine that the threats do not warrant listing. The 
threat of trampling individual plants, as stated in the proposed rule, 
is not widespread. Cattle are generally present in meadow areas, 
whereas this species tends to occur at dryer sites outside of the 
meadow proper.
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes. Not applicable.
    C. Disease or predation. Not applicable.
    D. The inadequacy of existing regulatory mechanisms. Efforts by the 
San Bernardino National Forest to manage the grazing allotments are 
minimizing the threats to Arabis johnstonii. The Service anticipates 
the cooperation of the FS if adjustments to their management practices 
prove necessary.
    E. Other natural or manmade factors affecting its continued 
existence. Not applicable.

Finding and Withdrawal

    After a thorough review and consideration of all information 
available the Service has determined that listing of Arabis johnstonii 
as threatened is not warranted at this time. The Service has carefully 
assessed the best scientific and commercial information available in 
the development of this withdrawal notice. Residential and recreational 
development appear limited to one portion of the Garner Valley and, 
therefore, unlikely to have a significant impact on the species. All 
other populations, when last visited, were described as stable. While 
excessive trampling by cattle may pose a potential threat in some 
areas, there is no evidence that this threat has been realized, or that 
it is likely to have a significant impact. The threat from livestock 
trampling stated in the proposed rule is not widespread. Cattle 
generally graze in meadow sites, whereas Arabis tends to occur at dryer 
sites out of the meadow proper. The FS has proposed reducing grazing 
impacts when they are in evidence by altering management practices. In 
addition, the threat of proposed development noted in the proposed rule 
has not occurred. The current level of threats to this species do not 
warrant listing. The Service finds, therefore, that there is no 
substantial evidence available to indicate that Arabis johnstonii is 
likely to become an endangered species within the foreseeable future 
throughout all or a significant portion of its range. The

[[Page 49065]]

other six plant taxa included in the proposed rule with A. johnstonii 
are discussed in a separate Federal Register final rule published 
concurrently with this withdrawal.

References Cited

    A list of all references cited herein is available upon request 
from the U.S. Fish and Wildlife Service Carlsbad Fish and Wildlife 
Office (see ADDRESSES section).

    Author: The primary author of this withdrawal notice is Gary 
Wallace, 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 1, 1998.
Jamie Rappaport Clark,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 98-24503 Filed 9-11-98; 8:45 am]
BILLING CODE 4310-55-P