[Federal Register Volume 70, Number 15 (Tuesday, January 25, 2005)]
[Proposed Rules]
[Pages 3504-3506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1261]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17


Endangered and Threatened Wildlife and Plants; 90-Day Finding on 
Petitions To List Bromus arizonicus (Arizona brome) and Nassella cernua 
(nodding needlegrass) as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
90-day petition finding for petitions to list Bromus arizonicus 
(Arizona brome) and Nassella cernua (nodding needlegrass) under the 
Endangered Species Act of 1973, as amended. We find that neither 
petition presented substantial scientific or commercial information 
indicating that listing one or both of these species may be warranted. 
We will not be initiating a further status review in response to the 
petitions to list.

DATES: The finding announced in this document was made January 7, 2005.

ADDRESSES: Data, information, written comments and materials, or 
questions concerning these petitions and findings should be submitted 
to the Field Supervisor, Ventura Fish and Wildlife Office, U.S. Fish 
and Wildlife Service, 2493 Portola Road, Suite B, Ventura, CA

[[Page 3505]]

93003. The petition findings and supporting data are available for 
public inspection, by appointment, during normal business hours at the 
above address.

FOR FURTHER INFORMATION CONTACT: Constance Rutherford, botanist, at the 
above address (telephone 805/644-1766).

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(A) of the Endangered Species Act of 1973, as 
amended (16 U.S.C. 1531 et seq.) (Act), requires that we make a finding 
on whether a petition to list, delist, or reclassify a species presents 
substantial scientific or commercial information indicating that the 
petitioned action may be warranted. We are to base this finding on all 
information available to us at the time we make the finding. To the 
maximum extent practicable, this finding is to be made within 90 days 
of our receipt of the petition, and we must publish the notice of the 
finding promptly in the Federal Register. Our standard for substantial 
information within the Code of Federal Regulations (CFR) with regard to 
a 90-day petition finding is ``that amount of information that would 
lead a reasonable person to believe that the measure proposed in the 
petition may be warranted'' (50 CFR 424.14(b)). If the finding is that 
substantial information was presented, we are required to promptly 
commence a review of the status of the species, if one has not already 
been initiated, under our internal candidate assessment process.
    On June 20, 2002, we received two separate petitions, both dated 
June 18, 2002, to list Bromus arizonicus (Arizona brome) and Nassella 
cernua (nodding needlegrass). The petitions requested that we add 
Bromus arizonicus and Nassella cernua to the List of Endangered and 
Threatened Wildlife and Plants. We are responding to both petitions in 
this one Federal Register notice because the petitions were received at 
the same time from the same petitioner.

Bromus arizonicus

    This taxon was first described by Cornelius Lott Shear in 1900 as 
Bromus carinatus var. arizonicus based on a collection from near 
Tucson, AZ. Stebbins et al. (1944) raised the taxon to full species 
status based on cytogenetic (cellular) differences between it and 
Bromus carinatus. They found that, while both the taxa are polyploid in 
their number of chromosomes, Bromus carinatus has a chromosome count of 
2n = 56, while Bromus arizonicus has a chromosome count of 2n = 84. 
However, some taxonomists still consider Bromus arizonicus to be 
synonymous with Bromus carinatus (Felger 2000; R. Felger, University of 
Arizona, in litt. 2003; P. Jenkins, University of Arizona, in litt. 
2003).
    The petition to list Bromus arizonicus comprises one page of 
information about the species, including its habitat, distribution, 
potential threats, observations made by the petitioner at historic 
locations for the species, and two literature citations. The 
information from the petition is summarized as follows: Bromus 
arizonicus is an annual grass restricted in distribution to the San 
Joaquin Valley, the southern Coast Ranges, and Channel Islands of 
southern California, Arizona, and Baja California, Mexico. The species 
is associated with valley grassland, foothill woodland, chaparral, 
coastal sage scrub, and creosote bush scrub. The species occurs 
principally in an average annual rainfall band between 5 and 14 inches 
(in) (13 to 36 centimeters (cm)), and in an elevational band between 20 
and 2,000 feet (ft) (6 and 610 meters (m)). Twisselmann (1967) 
indicated that the species is widespread in the valley grasslands, 
especially in the lower Sonoran grassland, and is scarce in creosote 
bush scrub in the desert. However, the petitioner stated that Bromus 
arizonicus became rarer in the 1970s and 1980s as a result of 
overgrazing during drought periods.
    The petitioner estimates that Bromus arizonicus historically ranged 
across 5 million acres (ac) (2 million hectares (ha)), and estimates 
that the range has been reduced to 25 ac (10 ha) in Arizona and 25 ac 
(10 ha) in California. Causes cited for the disappearance of the 
species in the San Joaquin Valley include a combination of overgrazing 
by cattle and two extended droughts in the 1970s and 1980s. During his 
own surveys in the 1990s, the petitioner was able to find only one 
small stand of Bromus arizonicus in Kern County, in an area protected 
from grazing. In 2002, the petitioner found that a second stand of 
Bromus arizonicus that he had observed over a period of years has been 
converted to a truck stop parking lot. The petitioner states that 
threats to Bromus arizonicus include: Commercial and residential 
development, agricultural development, off-highway vehicle activity, 
energy developments, grazing, fires, military activities, introduction 
of nonnative plants, roadside herbicide use, roadside mowing, and 
border patrol activities along the United States-Mexico border. 
However, other than the two references mentioned above, the petitioner 
did not provide any other information related to the status of Bromus 
arizonicus, such as field survey forms or reports documenting either 
positive or negative survey findings, a list of historic locations that 
were field-checked, maps, or an explanation of how estimates of 
historic and current ranges were derived.
    The information available to us for the species in California 
states that the species is: ``Occasional in coastal sage scrub and 
weedy ground; coast west of Point Dume, Sepulveda Canyon, west Los 
Angeles'' (Raven et al. 1986); ``reported only from Salinas Valley'' in 
Monterey County (Matthews 1997); and ``evidently widespread about waste 
places of towns, railroads, ranches, and highways from coast to Cuyama 
Valley'' in the Santa Barbara region (Smith 1998). The University of 
California at Berkeley and Jepson Herbaria (UC/JEPS) (2003) indicates 
that the species is principally found in grasslands and shrublands in 
California at elevations of less than 3,300 ft (1,000 m). The species 
has been collected in 13 California counties (UC/JEPS 2003). The 
information available to us for the species in Arizona indicates that 
it occurs ``almost throughout the state, at moderate elevations'' 
(Kearney and Peebles 1951), and in ``sandy washes and protected sites 
in desert areas, roadsides, and other disturbed soils, mostly below 
5,000 feet but occasionally higher in the northern part of its range 
where it occurs as an introduced weed'' (Gould 1988). The Natural 
Resources Conservation Service lists this species as occurring in the 
States of Nevada and Texas, in addition to California, Arizona, and 
Baja California (http://plants.usda.gov).

Nassella cernua

    This taxon was first described as Stipa cernua by G. L. Stebbins 
and R. M. Love (1941) based on a collection made from Alameda County, 
CA. In 1990, M.E. Barkworth segregated the genus Nassella and included 
the species cernua, from Stipa (Barkworth 1993).
    The petition to list Nassella cernua comprises one page of 
information about the species, including its habitat, distribution, 
potential threats, and observations made by the petitioner at historic 
locations for the species. No literature citations were included. The 
information from the petition is summarized as follows: Nassella cernua 
is a perennial grass restricted in distribution to the North Coast 
Range, eastern San Francisco Bay area, San Joaquin Valley, the Coast 
Ranges of southern California, and in Baja

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California, Mexico. The petitioner states that the species occurs 
principally in an average annual rainfall band between 5 and 14 in (13 
to 36 cm), and in an elevational band between 20 and 4,500 ft (6 and 
1,370 m).
    The petitioner estimates that Nassella cernua historically ranged 
across 10 million ac (4 million ha). He estimates that the range has 
been reduced to 800 ac (324 ha) in California and 200 ac (81 m) in Baja 
California. Causes cited for the decline of the species in the San 
Joaquin Valley include a combination of overgrazing by cattle and two 
extended droughts in the 1970s and 1980s. The petitioner states that 
threats to Nassella cernua include commercial and residential 
development, agricultural development, off-highway vehicle activity, 
energy developments, grazing, fires, military activities, introduction 
of nonnative plants, roadside herbicide use, roadside mowing, and 
border patrol activities along the United States-Mexico border. 
However, the petitioner did not provide any other information related 
to the status of Nassella cernua, such as a list of historic locations 
that were field-checked, maps, or an explanation of how estimates of 
historic and current ranges were derived.
    The information in our files indicates that in California, the 
species is scattered in coastal sage scrub and chaparral in the western 
half of the Santa Monica Mountains below 2000 ft. (Raven et al. 1986); 
found in ``dry hills, open woods, and rocky slopes, chaparral, coastal 
prairie, coastal sage scrub, etc.'' in Monterey County (Matthews 1997); 
and ``common throughout the interior except in the most arid parts'' in 
San Luis Obispo County (Hoover 1970). UC/JEPS (2003) indicates that the 
species is principally found in grasslands, chaparral, and juniper 
woodland in California at elevations of less than 4,600 ft (1,400 m), 
and distributed within the inner North Coast Ranges, eastern San 
Francisco Bay area, South Coast Ranges, Transverse Ranges, Peninsular 
Ranges, and Baja California. The species has been collected in 30 of 
California's 58 counties (UC/JEPS 2003).
    NatureServe (2000; 2003) indicates that the global heritage status 
rank for both Bromus arizonicus and Nassella cernua is G5, which means 
that the species is common, widespread, and abundant (although it may 
be rare in parts of its range, particularly on the periphery). 
NatureServe (2000) defines this ranking as a species that is not 
considered to be vulnerable in most of its range. The U.S. Forest 
Service (2003) and Bureau of Land Management (2003) do not have Bromus 
arizonicus or Nassella cernua on their sensitive species lists, and 
neither the California Natural Diversity Data Base (2003) nor the 
California Native Plant Society (2003) tracks these species or gives 
them any special consideration. Additionally, neither the Arizona 
Natural Heritage Program (2003) nor the Nevada Natural Heritage Program 
(2003) tracks Bromus arizonicus or gives it any special consideration.
    Although the petitioner mentioned a number of threats to both 
Bromus arizonicus and Nassella cernua, he did not provide information 
concerning specific threats and specific locations, other than the 
reference to one site for Bromus arizonicus being converted to a 
parking lot. Felger (in litt. 2003) indicated that Bromus arizonicus 
was a very common grass in the Sonoran Desert and ``beyond any question 
it is not in any way endangered.'' We contacted the petitioner and 
inquired whether he could provide us with any additional information on 
either species; he indicated he was not able to do so at this time (C. 
Rutherford, Service, in litt. 2003). Based on the information provided 
by the petitioner, and the information available to us, we find that 
threats the petitioner mentioned cannot be adequately determined for 
Bromus arizonicus or Nassella cernua.

Findings

    We have reviewed the petitions, literature cited in the petitions, 
other pertinent literature, and information available in our files. The 
available information we were able to access concerning these species 
indicates that they are widespread. Without additional information on 
the life history, range, or population size of Bromus arizonicus and 
Nassella cernua, such as an explanation of how estimates of historic 
and current ranges were derived, information concerning specific 
threats and specific locations, or any other references, we cannot 
evaluate the seriousness of the potential threats to them.
    After reviewing the best scientific and commercial information 
available, and because of the lack of adequate data indicating a 
biological vulnerability and presence of threats to these species, we 
find the petitions do not present substantial information that listing 
Bromus arizonicus or Nassella cernua may be warranted. However, we 
welcome any additional information concerning the status of Bromus 
arizonicus and Nassella cernua. Please submit any information to the 
Field Supervisor, Ventura Fish and Wildlife Office (see ADDRESSES 
section).

References Cited

    A complete list of all references cited herein is available, upon 
request, from the Ventura Fish and Wildlife Office (see ADDRESSES 
section).

Author

    The primary author of this document is Constance Rutherford, U.S. 
Fish and Wildlife Service, Ventura Fish and Wildlife Office (see 
ADDRESSES section).

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: January 7, 2005.
Steve Williams,
Director, Fish and Wildlife Service.
[FR Doc. 05-1261 Filed 1-24-05; 8:45 am]
BILLING CODE 4310-55-P