[Federal Register Volume 63, Number 197 (Tuesday, October 13, 1998)]
[Proposed Rules]
[Pages 54972-54974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26860]
Federal Register / Vol. 63, No. 197 / Tuesday, October 13, 1998 /
Proposed Rules
[[Page 54972]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AD60
Endangered and Threatened Wildlife and Plants; Withdrawal of
Proposed Rule to List Nolina interrata (Dehesa beargrass) as Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; withdrawal.
-----------------------------------------------------------------------
SUMMARY: The U. S. Fish and Wildlife Service (Service) withdraws the
proposal to list Nolina interrata (Dehesa beargrass) as threatened
under the Endangered Species Act of 1973, as amended (Act). This plant
species is one of four chaparral species that were proposed for listing
on October 2, 1995 (60 FR 51433). The Service finds that the
information now available, as discussed below, justifies withdrawal of
the proposed listing of this species. The California Department of Fish
and Game and The Nature Conservancy have management prescriptions that
will significantly reduce the threats to the known occurrences of
Nolina interrata. In addition, provisions of the Multiple Species
Conservation Program (MSCP), as implemented by the County of San Diego
through the County's Subarea Plan to the MSCP, and the provisions of
the County's Biological Mitigation Ordinance adopted on October 22,
1997, require avoidance of ``narrow endemic plants'' (in the Metro-
Lakeside-Jamul segment of the San Diego County Subarea Plan), including
N. interrata. When complete avoidance is not possible, encroachment is
limited and requires mitigation. These measures, many of which have
been adopted since the proposal to list, will significantly reduce
threats to the remaining populations of this species. Based on this
information, the Service concludes that listing N. interrata is not
warranted. The other plant species, Mexican flannelbush
(Fremontodendron mexicanum), Nevin's barberry (Berberis nevinii), and
Vail Lake ceanothus (Ceanothus ophiochilus), which were proposed for
listing with N. interrata (60 FR 51433), are the subjects of a final
listing action in this same Federal Register part, to be published on
the same day as this withdrawal.
ADDRESSES: The complete file for this rule is available for public
inspection, by appointment, during normal business hours at the U.S.
Fish and Wildlife Service, Carlsbad Field Office, 2730 Loker Avenue
West, Carlsbad, California 92008.
FOR FURTHER INFORMATION CONTACT: Elizabeth Stevens, Deputy Field
Supervisor, at the above address (telephone 760/431-9440; facsimile
760/431-9624).
SUPPLEMENTARY INFORMATION:
Background
On October 2, 1995, the Service published in the Federal Register
(60 FR 51443) a proposal to list four chaparral plants from
southwestern California and northwestern Estado de Baja California,
Mexico, as endangered or threatened; that proposed rule included Nolina
interrata (Dehesa beargrass).
Nolina interrata occurs in restricted and localized populations
from the interior foothills of San Diego County to northwestern Baja
California, Mexico. Most populations of N. interrata are situated in
relatively rugged terrain dominated by chaparral, which is often
associated with nutrient-poor soils and cool wet winters and hot dry
summers. Nolina interrata is often found in association with specific
soil types.
Chaparral occurs on many different soil types, but Nolina interrata
typically occurs in clay soils derived from gabbro or metavolcanic
bedrock (Oberbauer 1991, California Natural Diversity Data Base (CNDDB)
1997). Clay soils have unique physical and chemical properties that
contribute to the disproportionally large number of rare plants found
on this substrate, as compared to other soil types (Oberbauer 1991).
For these reasons, clay soils are an important contributor to plant
diversity in the San Diego County region.
Many chaparral species are adapted to periodic wildfires. In some
species, only seeds survive fires and may, in fact, require fire to
germinate (Keeley 1991). Other plants reproduce vegetatively by
sprouting from the burned stumps. Fires that occur too frequently can
burn young or resprouting shrubs before they become reproductively
mature and, thus, deplete or exhaust the seed bank (Zedler et al.
1983). Sustained fire prevention can result in senescent (old) plant
communities that may not survive the eventual and unpredictable fires
that do occur. Within these senescent (extremely old) chaparral
communities, high fuel loads of woody plant material build up in the
absence of fire; this often results in unnatural, very hot fires
causing reproductive failure for some species through killing of stumps
and seed banks. It is likely that senescence of chaparral communities
can cause a reduction in range and number of certain plant species,
including Nolina interrata. This species may repopulate historically
occupied areas if a natural fire regime is restored.
Nolina interrata, a member of the lily family (Liliaceae), was
described by Howard S. Gentry (1946) based on a collection he made in
1945 near Dehesa School in San Diego County, California. Gentry's
treatment is followed by Munz (1974) and Dice (1993). The most recent
taxonomic treatment of the genus (Dice 1988) also found Nolina
interrata to be distinctive. Beauchamp (1986), in his flora of San
Diego County, listed Nolina interrata as conspecific (of the same
species) with Nolina parryi.
Nolina interrata is a dioecious (separate male and female plants)
perennial forming clusters of rosettes from underground rhizomatous
platforms (rootlike horizontal stems). The glaucous (white powdery)
leaves are 10-45 per rosette. The paniculate flower stalks are 0.5-1.6
meters (m) (1.6-5 feet (ft)) tall and up to 16 millimeters (mm) (0.6
inch (in)) in diameter at the base. The flowers are 2-4 mm (0.1-0.2 in)
wide with whitish perianth parts. Nolina interrata is distinguished
from the other Nolina species that occur in California by its lack of
aerial stems, rosettes with 45 or fewer finely serrate leaves, and
flower stalks under 1.6 m (5 ft) tall. It can be distinguished from
Yucca species by its lack of a rigid spinose (spiny) leaf tip and
leaves with shredding margins.
Nolina interrata grows in the chaparral community and is commonly
associated with Adenostoma fasciculatum (chamise), Helianthemum
scoparium (peak rush-rose), Salvia clevelandii (Cleveland sage), and
Tetracoccus dioicus (San Diego button bush). Nolina interrata is often
associated with other rare plants such as Senecio ganderi (Gander's
butterweed), Acanthomintha ilicifolia (San Diego thornmint), Monardella
hypoleuca ssp. lanata (felt-leaved monardella), and Fritillaria biflora
(chocolate lily) (Oberbauer 1979). The association of N. interrata with
these species reflects the distribution of clay soils formed from
gabbro soils in the region (Oberbauer 1979, 1991; Beauchamp 1986).
Nolina interrata does not flower every year and reproduces primarily
asexually, which may compensate for its lack of consistent flowering.
This species may require fire or other disturbance to induce flowering.
The known numbers of Nolina interrata totals about 9,000 plants.
There are nine populations of N. interrata in San Diego County, all
within a 15.6 square-kilometer (km2) (6-
[[Page 54973]]
square-mile (mi2)) area in the Dehesa Valley, immediately
east of El Cajon, California. There are no records of extirpated
populations. About two-thirds of all populations, and 90-100 percent of
all major populations, are protected on reserve lands owned and managed
by The Nature Conservancy (TNC) at McGinty Mountain and by the
California Department of Fish and Game (CDFG) at Sycuan Peak. The
protection afforded by the establishment of the Sycuan Ecological
Preserve occurred subsequent to the proposal to list N. interrata. The
remaining few occurrences are small and are on private lands (Oberbauer
1979, CNDDB 1997).
Nolina interrata is known from three localities in Baja California
and ranges as far south as Ensenada (Rancho de la Cruz) in Baja
California, Mexico (Jim Dice, California Department of Fish and Game,
pers. comm. 1997). One population is about 16 km (10 mi) northeast of
La Mision. Both of these disjunct Mexican populations have fewer than
25 individuals each. Another population has recently been discovered in
Mexico closer to the United States border, and it appears to be of
comparable size (J. Dice, pers. comm. 1997).
Summary of Comments and Recommendations
In the October 2, 1995, proposed rule (60 FR 51443) and associated
notifications, all interested parties were requested to submit factual
reports or information that might contribute to the development of a
final rule. The 45-day comment period closed on November 16, 1995.
Appropriate Federal and State agencies, county and city governments,
scientific organizations, and other interested parties were contacted
and requested to comment. In accordance with Service peer-review policy
published on July 1, 1994 (59 FR 34270), three appropriate and
independent specialists were solicited to review pertinent scientific
or commercial data and assumptions relating to the proposed rule. No
responses were received from the solicited peer reviewers. Individual
newspaper notices of the proposed rule were published in the San Diego
Union-Tribune and the Riverside Press-Enterprise on October 20, 1995. A
public hearing was requested but precluded by severe funding
constraints between November 1995 and April 1996. The requesting party
subsequently submitted written comments to the Service during the
comment period. A letter was sent to the party on June 4, 1997,
inquiring what their current wishes were relative to their previous
request for a public hearing. No response was received.
During the comment period, the Service received four letters
concerning the proposed rule, including one from a Federal agency, one
from a State agency, and two from individuals or groups. One respondent
expressed support for the listing proposal, one opposed it, and two
were neutral. Because the proposed rule included four plant species,
only the one comment specific to Nolina interrata is discussed here.
Comments not specific to this species and general comments pertaining
to the proposed rule are discussed in a separate final rule to list
Fremontodendron mexicanum, Berberis nevinii and Ceanothus ophiochilus
published in this same Federal Register part (see SUMMARY above). One
comment relevant to the proposed listing of Nolina interrata and the
Service's response is summarized below:
Issue 1: One commenter requested that the Service use the
protections afforded by the Multiple Species Conservation Plan (MSCP)
to minimize habitat fragmentation.
Service Response: The County of San Diego received an incidental
take permit from the Service in March 1998, based on the MSCP as
implemented through the County's Subarea Plan, including the Biological
Mitigation Ordinance. The County adopted the Biological Mitigation
Ordinance on October 22, 1997, subsequent to the proposal to list
Nolina interrata. The conservation measures described in the MSCP and
the recently adopted Biological Mitigation Ordinance are expected to
minimize habitat fragmentation of areas occupied and potentially
occupied by N. interrata. This species is covered by the MSCP and 100
percent of the McGinty Mountain population, 90-100 percent of the
Sycuan Peak, and 80-100 percent of the Dehesa Peak population will be
conserved. This represents 90-100 percent of all major populations.
Protection on the Sycuan Ecological Preserve was guaranteed subsequent
to the proposal to list N. interrata. These protections on public and
private lands are the primary reasons for the Service's decision to
withdraw the proposal to list N. interrata as an endangered species.
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 Nolina interrata H. Gentry (Dehesa beargrass) are as
follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of Their Habitat or Range
Urbanization and associated habitat loss and further habitat
fragmentation are no longer significant threats to Nolina interrata.
Sixty-seven percent (35 records) of the MSCP point occurrences of N.
interrata are on reserve lands owned and managed by the California
Department of Fish and Game at Sycuan Peak and on lands owned and
managed by The Nature Conservancy at McGinty Mountain. A point
occurrence is defined as a single record in the MSCP database contained
at the Carlsbad Field Office. The broader protection afforded to this
species by the increased size of the Sycuan Ecological Preserve
occurred after N. interrata was proposed for listing. Since the
proposed rule was published, the California Department of Fish and Game
has acquired nearly all of the necessary parcels to complete this
preserve (J. Dice, pers. comm. 1997). The remaining 33 percent (17
records) will be protected under provisions of the MSCP that require
avoidance of narrow endemic species to the maximum extent possible. The
County's Biological Mitigation Ordinance requires encroachment to be
limited to 20 percent of the population on site for impacts that cannot
be avoided. Nolina interrata is covered by the MSCP based on
conservation of 100 percent of the McGinty Mountain population, 90-100
percent of the Sycuan Peak, and 80-100 percent of the Dehesa Peak
population under this plan (City of San Diego 1997).
B. Overutilization for Commercial, Recreational, Scientific or
Educational Purposes
Access to many Nolina interrata populations is limited by private
property boundaries or rugged terrain. Nolina interrata has been
collected for specimens, but this activity has mainly involved plants
salvaged from road cuts, eroded cuts, or bulldozed areas (Oberbauer
1979).
C. Disease or Predation
Disease and predation are not known to be factors adversely
affecting Nolina interrata.
D. The Inadequacy of Existing Regulatory Mechanisms
The Service evaluated existing Federal, State, and local
regulations prior to preparing the proposed rule that included Nolina
interrata. The Service found evidence the existing regulatory
mechanisms were, overall, inadequate at that time. These regulatory
mechanisms included: (1) Listing under the
[[Page 54974]]
California Endangered Species Act (CESA); (2) the California
Environmental Quality Act (CEQA) and the National Environmental Policy
Act (NEPA); (3) conservation provisions under section 404 of the
Federal Clean Water Act and Section 1603 of the California Fish and
Game Code; (4) occurrence with other species protected by the Federal
Endangered Species Act; (5) local laws and regulations; (6) land
acquisition and management by Federal, State, or local agencies, or by
private groups and organizations; and (7) adequate consideration in
State or regional conservation planning efforts such as the Multiple
Species Conservation Plan (MSCP) of the Natural Community Conservation
Planning (NCCP) Program, and other multispecies efforts.
The adverse impacts of various development projects on Nolina
interrata, because of its rare and localized nature, will be considered
by Federal, State, and local planning agencies under CEQA and NEPA. The
management activities implemented or proposed by the California
Department of Fish and Game on the Sycuan Ecological Preserve and The
Nature Conservancy at McGinty Mountain, as well as measures included in
the MSCP and the County's Biological Mitigation Ordinance relating to
narrow endemic plants (County of San Diego 1997), should assure
adequate protection of Nolina interrata.
E. Other Natural or Manmade Factors Affecting Their Continued Existence
Nolina interrata depends on natural fire patterns; alteration of
natural fire periodicity, season, and intensity may have various
adverse effects on this species. Fire suppression measures are
intensified in undeveloped areas near population centers. The natural
period between fires in these areas may be altered. Fire suppression
activities may also affect the vegetation. High fire frequencies
prevent young plants from reaching reproductive maturity and will
result in population declines or extirpation once the underground seed
bank has been depleted (Zedler et al. 1983). In other cases, the
reduced frequency of fire due to fire suppression programs can
adversely affect the viability of plant populations by reducing genetic
diversity.
Nolina interrata flowers profusely after fires. Plants also
reproduce vegetatively from underground stems. Occurrences that are
entirely female require pollen from disjunct male plants to fertilize
the flowers and produce viable seeds. Plants in disjunct populations
may not flower simultaneously, because flowering is, in part, dependent
upon site-specific fire history (Dice 1988). Appropriately timed
controlled burns may be necessary to maintain population vigor. The
threats to this species from changes in natural fire frequencies will
be reduced due to the development and implementation of management
plans. Management plans, which include considerations for the fire
ecology of this species, are being developed for the lands inhabited by
N. interrata on Sycuan Ecological Reserve and McGinty Peak (J. Dice,
pers. comm. 1997).
Because Nolina interrata is known from small populations with
relatively few individuals, it is vulnerable to extinction due to
random events, such as hot, slow-burning fires. Genetic variability
also may be reduced in small populations of limited distribution
(Barrett and Kohn 1991). One of the Dehesa Valley populations of Nolina
interrata is considered to be a single female clone (J. Dice, pers.
comm. 1997). A single event or series of events can reduce a species
below recoverable numbers. Proactive recovery efforts to lessen the
threat of such random events typically involve the establishment of
reserves that permanently protect and manage populations of the species
of concern. The management and protection of public and private lands
inhabited by N. interrata on Sycuan Ecological Preserve and McGinty
Mountain will significantly reduce the threats to this species from
random events.
The Service has carefully assessed the best scientific and
commercial information available and has determined that listing Nolina
interrata as threatened is no longer warranted. Since the proposed rule
for listing N. interrata was published, the California Department of
Fish and Game acquired the majority of the lands inhabited by N.
interrata on Sycuan Peak Ecological Preserve. The Nature Conservancy
owns and manages lands at McGinty Mountain supporting this species.
Provisions set forth in the MSCP and the County's Biological Mitigation
Ordinance relating to narrow endemic plants will afford significant
protection to the locations known to contain Nolina interrata. Other
factors cited in the proposed rule, including fire management
practices, over collection, and random natural events, are now of
insufficient magnitude to warrant listing of the species in the absence
of any significant threat from other factors.
References Cited
A complete list of all references cited in this withdrawal notice
are available upon request from the U.S. Fish and Wildlife Service,
Carlsbad Field Office (see ADDRESSES above).
Authors: The primary authors of this withdrawal notice are Dr. Gary
D. Wallace and Christopher D. Nagano, 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 29, 1998.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-26860 Filed 10-9-98; 8:45 am]
BILLING CODE 4310-55-P