Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To Delist or Reclassify From Endangered to Threatened Six California Species, 3069-3074 [2011-1050]
Download as PDF
<![CDATA[
Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Proposed Rules
erowe on DSK5CLS3C1PROD with PROPOSALS-1
Secretary, Federal Communications
Commission.
• All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St., SW, Room TW–A325,
Washington, DC 20554. The filing hours
are 8 a.m. to 7 p.m. All hand deliveries
must be held together with rubber bands
or fasteners. Any envelopes must be
disposed of before entering the building.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
MD 20743.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street, SW.,
Washington DC 20554.
40. People with Disabilities: To
request materials in accessible formats
for people with disabilities (Braille,
large print, electronic files, audio
format), send an e-mail to
fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (tty).
VI. Ordering Clauses
41. Accordingly, it is ordered that
pursuant to sections 4(i) and 303 of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i) and 303, this
Notice of Proposed Rulemaking is
adopted.
42. It is further ordered that pursuant
to sections 4(i) and 303 of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i) and 303, the
petitions for rulemaking filed by
Highway Information Systems, Inc., on
July 16, 2008, and the American
Association of State Highway and
Transportation Officials on March 16,
2009, are granted to the extent indicated
herein.
43. It is further ordered that pursuant
to sections 4(i) and 303 of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i) and 303, the
petition for ruling filed by the American
Association of Information Radio
Operators filed on September 9, 2008, is
denied.
44. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Notice of Proposed Rulemaking,
including the Initial Regulatory
Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small
Business Administration.
45. It is further ordered that pursuant
to applicable procedures set forth in
§§ 1.415 and 1.419 of the Commission’s
rules, 47 CFR 1.415, 1.419, interested
VerDate Mar<15>2010
15:01 Jan 18, 2011
Jkt 223001
parties may file comments on this
Notice of Proposed Rulemaking on or
before 30 days after publication in the
Federal Register, and interested parties
may file reply comments on or before 45
days after publication in the Federal
Register.
Bulah P. Wheeler,
Deputy Manager, Federal Communications
Commission.
[FR Doc. 2011–938 Filed 1–18–11; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R8–ES–2011–0005;
92220–1113–0000–C5]
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on a
Petition To Delist or Reclassify From
Endangered to Threatened Six
California Species
Fish and Wildlife Service,
Interior.
ACTION: Notice of 90-day petition
findings and initiation of status reviews.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce a
90-day finding on a petition to delist
Oenothera californica (avita) subsp.
eurekensis (Eureka Valley eveningprimrose) and Swallenia alexandrae
(Eureka Valley dunegrass), and
reclassify the tidewater goby
(Eucyclogobius newberryi), Acmispon
dendroideus (Lotus scoparius subsp.)
var. traskiae (San Clemente Island
broom), Malacothamnus clementinus
(San Clemente Island bush-mallow), and
Castilleja grisea (San Clemente Island
Indian paintbrush) from endangered to
threatened under the Endangered
Species Act of 1973, as amended (Act).
Based on our review, we find that the
petition presents substantial scientific
or commercial information indicating
that the petitioned actions may be
warranted. Therefore, with the
publication of this notice, we are
initiating status reviews of these taxa to
determine if the respective actions of
delisting and reclassifying are
warranted. Section 4(c)(2)(A) of the Act
also requires a status review of listed
species at least once every 5 years. We
are therefore electing to conduct these
reviews simultaneously. To ensure that
these status reviews are comprehensive,
we are requesting scientific and
commercial data and other information
regarding these species and subspecies.
SUMMARY:
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
3069
Based on these status reviews, we will
issue 12-month findings on the petition,
which will address whether the
petitioned actions are warranted under
section 4(b)(3)(B) of the Act.
DATES: To allow us adequate time to
conduct this review, we request that we
receive information on or before March
21, 2011. Please note that if you are
using the Federal eRulemaking Portal
(see ADDRESSES section, below), the
deadline for submitting an electronic
comment is Eastern Standard Time on
this date.
ADDRESSES: You may submit
information by one of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. In the box that
reads ‘‘Enter Keyword or ID,’’ enter the
Docket number for this finding, which
is [insert docket number]. Check the box
that reads ‘‘Open for Comment/
Submission,’’ and then click the Search
button. You should then see an icon that
reads ‘‘Submit a Comment.’’ Please
ensure that you have found the correct
rulemaking before submitting your
comment.
U.S. mail or hand-delivery: Public
Comments Processing, Attn: [FWSinsert docket number]; Division of
Policy and Directives Management; U.S.
Fish and Wildlife Service; 4401 N.
Fairfax Drive, Suite 222; Arlington, VA
22203.
We will post all information we
receive on https://www.regulations.gov.
This generally means that we will post
any personal information you provide
us (see the Request for Information
section below for more details).
After March 21, 2011, you must
submit information directly to the Field
Office (see FOR FURTHER INFORMATION
CONTACT). Please note that we might not
be able to address or incorporate
information that we receive after the
above requested date.
FOR FURTHER INFORMATION CONTACT: For
information regarding Acmispon
dendroideus (Lotus scoparius subsp.)
var. traskiae, Malacothamnus
clementinus and Castilleja grisea,
contact Jim Bartel, Field Supervisor, by
mail at U.S. Fish and Wildlife Service,
Carlsbad Fish and Wildlife Office, 6010
Hidden Valley Road, Carlsbad, CA
92009; by telephone at (760–431–9440);
or by facsimile at (760–431–9624).
For information regarding Oenothera
californica (avita) subsp. eurekensis,
Swallenia alexandrae, and the tidewater
goby, contact Diane Noda, by mail at
Ventura Fish and Wildlife Office, 2493
Portola Road, Suite B, Ventura, CA
93003; by telephone (805–644–1766); or
by facsimile (805–644–3958). If you use
E:\FR\FM\19JAP1.SGM
19JAP1
3070
Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Proposed Rules
erowe on DSK5CLS3C1PROD with PROPOSALS-1
a telecommunications device for the
deaf (TDD), please call the Federal
Information Relay Service (FIRS) at
800–877–8339.
SUPPLEMENTARY INFORMATION:
Request for Information
When we make a finding that a
petition presents substantial
information indicating that delisting or
reclassifying a species may be
warranted, we are required to promptly
review the status of the species (status
review). For the status reviews to be
complete and based on the best
available scientific and commercial
information, we request information on
Oenothera californica (avita) subsp.
eurekensis, Swallenia alexandrae, the
tidewater goby, Acmispon dendroideus
(Lotus scoparius subsp.) var. traskiae,
Malacothamnus clementinus, and
Castilleja grisea from governmental
agencies, Native American Tribes, the
scientific community, industry, and any
other interested parties. We seek
information on:
(1) The species’ biology, range, and
population trends, including:
(a) Habitat requirements for feeding,
breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range,
including distribution patterns;
(d) Historical and current population
levels, and current and projected trends;
and
(e) Past and ongoing conservation
measures for the species, its habitat, or
both.
(2) The factors that are the basis for
making a listing/delisting/downlisting
determination for a species under
section 4(a) of the Endangered Species
Act of 1973, as amended (Act) (16
U.S.C. 1531 et seq.), which are:
(a) The present or threatened
destruction, modification, or
curtailment of its habitat or range;
(b) Overutilization for commercial,
recreational, scientific, or educational
purposes;
(c) Disease or predation;
(d) The inadequacy of existing
regulatory mechanisms; or
(e) Other natural or manmade factors
affecting its continued existence.
Please include sufficient information
with your submission (such as
references to scientific journal articles
or other publications) to allow us to
verify any scientific or commercial
information you include.
Submissions merely stating support
for or opposition to the action under
consideration without providing
supporting information, although noted,
cannot be considered in making a
determination. Section 4(b)(1)(A) of the
VerDate Mar<15>2010
15:01 Jan 18, 2011
Jkt 223001
Act directs that determinations as to
whether any species is an endangered or
threatened species must be made ‘‘solely
on the basis of the best scientific and
commercial data available.’’
You may submit your information
concerning these status reviews by one
of the methods listed in the ADDRESSES
section. If you submit information via
https://www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the Web site. If you submit a
hardcopy that includes personal
identifying information, you may
request at the top of your document that
we withhold this personal identifying
information from public review.
However, we cannot guarantee that we
will be able to do so. We will post all
hardcopy submissions on https://
www.regulations.gov.
Information and supporting
documentation that we received and
used in preparing this finding is
available for you to review at https://
www.regulations.gov, or you may make
an appointment during normal business
hours at the U.S. Fish and Wildlife
Service, Carlsbad or Ventura Fish and
Wildlife Offices (see FOR FURTHER
INFORMATION CONTACT).
Background
Section 4(b)(3)(A) of the Act (16
U.S.C. 1533(b)(3)(A)) 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
information provided in the petition,
supporting information submitted with
the petition, and information otherwise
available in our files. To the maximum
extent practicable, we are to make this
finding within 90 days of our receipt of
the petition and publish our notice of
the finding promptly in the Federal
Register.
Our standard for substantial scientific
or commercial 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 we find that substantial scientific or
commercial information was presented,
we are required to promptly conduct a
species status review, which we
subsequently summarize in our 12month finding.
Section 4(c)(2)(A) of the Act requires
that we conduct a review of listed
species at least once every 5 years. We
are then, under section 4(c)(2)(B), to
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
determine, on the basis of such a
review, whether or not any species
should be removed from the List
(delisted), or reclassified from
endangered to threatened, or threatened
to endangered. Our regulations at 50
CFR 424.21 require that we publish a
notice in the Federal Register
announcing those species currently
under active review. We published a
notice May 21, 2010 (75 FR 28636),
announcing the review of Acmispon
dendroideus (Lotus scoparius subsp.)
var. traskiae, Malacothamnus
clementinus, and Castilleja grisea. This
notice announces our active review of
the Oenothera californica (avita) subsp.
eurekensis, Swallenia alexandrae, and
the tidewater goby.
Petition History
On May 18, 2010, we received a
petition dated May 13, 2010, from The
Pacific Legal Foundation, requesting the
Service to delist Oenothera californica
(avita) subsp. eurekensis and Swallenia
alexandrae, and to reclassify the
tidewater goby, Acmispon dendroideus
(Lotus scoparius subsp.) var. traskiae,
Malacothamnus clementinus, and
Castilleja grisea based on the analysis
and recommendations contained in the
most recent 5-year reviews for these
taxa. The petition clearly identified
itself as such and included the requisite
identification information for the
petitioner, as required by 50 CFR
424.14(a). The petition contained minor
nomenclatural discrepancies for some
taxa. However, we have used the
currently accepted names of these taxa
in this finding, and the finding
addresses all of the petitioned taxa.
Previous Federal Actions
Under the Act, we maintain a List of
Endangered and Threatened Wildlife
and Plants at 50 CFR 17.11 (for animals)
and 17.12 (for plants) (List). We amend
the List by publishing final rules in the
Federal Register. Section 4(c)(2)(A) of
the Act requires that we conduct a
review of listed species at least once
every 5 years. Section 4(c)(2)(B) requires
that we determine: (1) Whether a
species no longer meets the definition of
threatened or endangered and should be
removed from the List (delisted); (2)
whether a species listed as endangered
more properly meets the definition of
threatened and should be reclassified to
threatened (downlisted); or (3) whether
a species listed as threatened more
properly meets the definition of
endangered and should be reclassified
to endangered (uplisted). Using the best
scientific and commercial data
available, we will consider a species for
delisting if the data substantiate that the
E:\FR\FM\19JAP1.SGM
19JAP1
Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Proposed Rules
species is neither endangered nor
threatened for one or more of the
following reasons: (1) The species is
considered extinct; (2) the species is
considered to be recovered; or (3) the
original data available when the species
was listed, or the interpretation of such
data, were in error.
The two Eureka Valley plants were
listed as endangered in 1978 (Table 1).
A recovery plan was published for both
in 1982. Critical habitat has not been
designated for either plant. A notice of
review initiation was published for the
two Eureka Valley plants in 1983 (48 FR
55100; December 8, 1983), 1991 (56 FR
56882; November 6, 1991), and 2005 (70
FR 39327; July 7, 2005). For the review
conducted in 1983, the Service
concluded in a notice of 5-year review
completion that there were no
substantial data to suggest a change in
status for either of these two plants (50
FR 29900; July 22, 1985). A status
review for the two Eureka Valley plants
was next completed in 1994 (Noell
1994). Based on this 1994 status review,
the Service recommended downlisting
each of these two plants. The 5-year
review conducted in 2007 for each of
these two plants notes that the Service
did not publish a proposed rule to
downlist either of these species
following the 1994 status review,
because, under the 1994 Desert
Protection Act, the lands where these
plants occurred were passed from
Bureau of Land Management (BLM) to
National Park Service (NPS), and at the
time, the Service was uncertain about
how the NPS would manage the threats
to the species (Service 2007a, p. 4;
Service 2007b, p. 2). In the 2007 5-year
review, the Service recommended
delisting Oenothera californica (avita)
subsp. eurekensis (Service 2007a, p. 14)
and Swallenia alexandrae (Service
2007b, p. 11).
The tidewater goby was listed as
endangered in 1994 (Table 1). In 1999,
the Service proposed to delist
populations of tidewater goby in areas
north of Orange and San Diego Counties
and retain populations in Orange and
San Diego Counties as an endangered
distinct population segment (64 FR
33816; June 24, 1999). Critical habitat in
Orange and San Diego Counties was
designated in 2000 (65 FR 69693
November 20, 2000). The proposed rule
to delist northern populations was
withdrawn in 2002 (67 FR 67803;
November 7, 2002). In 2003, the U.S.
District Court for the Southern District
of California ordered the Service to
promulgate a revised critical habitat rule
that considered the entire geographic
range of the tidewater goby, and the
Service published a new critical habitat
rule in 2008 (73 FR 5920; January 31,
2008). A recovery plan for the tidewater
goby was published in 2005. A notice of
review initiation was published in 2006
(71 FR 14538; March 22, 2006), and the
3071
review was completed in 2007 (73 FR
11945; March 5, 2008). The Service
recommended downlisting the tidewater
goby (Service 2007c, p. 36); however,
the Service recommended that the
proposed downlisting action be deferred
until taxonomic research referred to in
the Genetics section of the 2007 5-year
review was published, because there
was a high likelihood that taxonomic
changes to the tidewater goby were
imminent (Service 2007c, p. 35). Part of
this research was recently published
(Earl et al. 2010) and will be considered
in the 12-month status review.
The three San Clemente plants were
listed as endangered in 1977 (Table 1).
A recovery plan was published for each
in 1984. Critical habitat has not been
designated for any of these three plants.
Notice of review initiations were
published in 1982 (47 FR 42387;
September 27, 1982), 1987 (52 FR
25523; July 7, 1987), 1991 (56 FR 56882;
November 6, 1991), 2005 (70 FR 39327;
July 7, 2005), and 2010 (75 FR 28636;
May 21, 2010). A 5-year status review
was completed for each of these three
plants in 2007 (73 FR 11945; March 5,
2008). In the 5-year status reviews, the
Service recommended downlisting
Acmispon dendroideus (Lotus scoparius
subsp.) var. traskiae (Service 2007d, p.
22), Malacothamnus clementinus
(Service 2007e, p. 28), and Castilleja
grisea (Service 2007f, p. 19).
TABLE 1—PREVIOUS FEDERAL ACTIONS FOR THE SIX TAXA ADDRESSED IN THIS PETITION FINDING
Critical habitat
designated
Recovery plan
published
NA .................................
December 13, 1982 ...
September 24, 2007 Delist.
May 27, 1978 (43 FR
NA .................................
17910).
Endangered ...................
Tidewater goby
February 4, 1994 (59
January 31, 2008 (73
(Eucyclogobius newberryi).
FR 5494) Endangered.
FR 5920).
Acmispon dendroideus
August 11, 1977 (42 FR NA .................................
(Lotus scoparius subsp.)
40682) Endangered.
var. traskiae (San
Clemente Island broom).
Malacothamnus clementinus August 11, 1977 (42 FR NA .................................
(San Clemente Island
40682) Endangered.
bush-mallow).
Castilleja grisea (San
August 11, 1977 (42 FR NA .................................
Clemente Island Indian
40682) Endangered.
paintbrush).
December 13, 1982 ..
September 24, 2007 Delist.
December 7, 2005 .....
September 28, 2007 Downlist.
January 26, 1984 ......
September 24, 2007 Downlist.
January 26, 1984 ......
September 28, 2007 Downlist.
January 26, 1984 ......
September 24, 2007 Downlist.
Species name
erowe on DSK5CLS3C1PROD with PROPOSALS-1
Oenothera californica (avita)
subsp. eurekensis (Eureka
Valley evening-primrose).
Swallenia alexandrae (Eureka Valley dunegrass).
Date listed and status
May 27, 1978 (43 FR
17910) Endangered.
Species Information
Oenothera californica (avita) subsp.
eurekensis (Eureka Valley eveningprimrose) is a short-lived herbaceous
perennial in the Onagraceae (eveningprimrose) family that forms small basal
rosettes of leaves. During years with
VerDate Mar<15>2010
15:01 Jan 18, 2011
Jkt 223001
sufficient rainfall, plants undergo rapid
stem elongation in April and May and
bloom between April and July. In
general, O. c. subsp. eurekensis
occupies the stabilized, gentle dune
slopes, extending out onto the shallower
sand fields bordering the dune systems
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
Most recent 5-year review and
recommendation
of Eureka Valley, Inyo County,
California (Bagley 1986). These
occupied dune systems include the
Eureka Dunes, Saline Spur Dunes, and
Marble Canyon Dunes, all of which are
public lands managed by Death Valley
National Park. For more information on
E:\FR\FM\19JAP1.SGM
19JAP1
erowe on DSK5CLS3C1PROD with PROPOSALS-1
3072
Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Proposed Rules
the life history, biology, and distribution
of O. c. subsp. eurekensis, see the 2007
5-year review of the species on https://
www.regulations.gov or https://
www.fws.gov/endangered/.
Swallenia alexandrae (Eureka Valley
dunegrass) is a perennial, hummockforming (traps and accumulates windblown soil and sand at the base of
plants) grass. Swallenia is a monotypic
genus of Poaceae (grass family). Plants
are dormant during the winter, but
begin to produce new shoot growth
around February. While growth
accelerates in May, plants produce
loose, multi-branched clusters of
flowers between April and June and
disperse seeds between May and July
(Service 1982). In general, S. alexandrae
occupies relatively steep slopes of three
dune area systems in the southern
portion of Eureka Valley (Bagley 1986):
Eureka Dunes, Saline Spur Dunes, and
Marble Canyon Dunes. These dunes are
all within 9.3 mi (15 km) of each other.
All populations are on public lands
managed by Death Valley National Park.
For more information on the life history,
biology, and distribution of S.
alexandrae, see the 2007 5-year review
of the species on https://
www.regulations.gov or https://
www.fws.gov/endangered/.
The tidewater goby (Eucyclogobius
newberryi) is a small fish that inhabits
discrete locations of brackish water
along the California coast. The species
is found from Tillas Slough (mouth of
the Smith River, Del Norte County) near
the Oregon border south to Cockleburr
Canyon (northern San Diego County).
The tidewater goby is known to have
formerly inhabited at least 135 localities
within this range (Service 2005). The
northern limit of the species’ range has
not changed; however, the southern
limit is now 9.2 mi (14.8 km) farther
north from its historically known
southernmost location, Agua Hedionda
Lagoon (San Diego County) (Swift et al.
1989). Tidewater gobies appear to be
naturally absent (now and historically)
from three large (50 to 135 mi (80 to 217
km)) stretches of coastline where
lagoons or estuaries are absent and steep
topography or swift currents may
prevent tidewater gobies from
dispersing between adjacent localities
(Swift et al. 1989). For more information
on the life history, biology, and
distribution of the tidewater goby, see
the 2007 5-year review of the species on
https://www.regulations.gov or https://
www.fws.gov/endangered/.
Acmispon dendroideus (Lotus
scoparius subsp.) var. traskiae (San
Clemente Island broom) is a semiwoody, short-lived (less than 5 years),
subshrub in the Fabaceae (pea family).
VerDate Mar<15>2010
15:01 Jan 18, 2011
Jkt 223001
The subspecies is endemic to San
Clemente Island (Isely 1993) and is one
of five representatives of the genus
Acmispon found on the island (U. S.
Department of the Navy, Southwest
Division 2002). Acmispon dendroideus
var. traskiae is typically less than 4 feet
(1.2 meters) in height, with slender,
erect green branches (Munz 1974). Since
the 1970s, the distribution of A. d. var.
traskiae has been documented, and its
range includes north-facing slopes over
most of the eastern and western sides of
the island (Service 1984; U. S.
Department of the Navy, Southwest
Division 2002; Junak and Wilken 1998;
Junak 2006). Occurrence data for this
species also span the entire length of the
island, with several occurrences
documented in Wilson Cove, and one
occurrence documented at the southern
tip of the island east of Pyramid Cove;
a distance of approximately 19 mi (31
km) (Junak and Wilken 1998; Junak
2006). The majority of the remaining
occurrences tend to be clustered on
north-facing slopes on the eastern side
of the island. For more information on
the life history, biology, and distribution
of A. d. var. traskiae, see the 2007 5-year
review of the species as Lotus
dendroideus var. traskiae on https://
www.regulations.gov or https://
www.fws.gov/endangered/.
Malacothamnus clementinus (San
Clemente Island bush-mallow) is a
rounded subshrub (plants with stems
woody at the base only) in the
Malvaceae (mallow) family. It grows up
to 6.6 feet (2 meters) tall, with numerous
branched stems arising from its base
(Munz and Johnston 1924; Munz and
Keck 1959; Bates 1993; S. Junak pers.
comm. 2006). The species’ leaves are
angularly 3–5 lobed or nearly circular or
ovate, less than 2 inches (5 centimeters)
in length and conspicuously bicolored,
with green, sparsely pubescent (covered
with short, fine hairs) upper surfaces
and veiny, white, and hairy under
surfaces that are densely matted with
branching hairs (Munz and Johnston
1924). Plants bloom between March and
August (California Native Plant Society
2001). Malacothamnus clementinus is
the only species in its genus that occurs
on San Clemente Island (Tierra Data Inc.
2005). Malacothamnus clementinus is
restricted to San Clemente Island, where
it occurs in a range of conditions,
including rock crevices along canyon
walls, at the base of rocky walls, at the
base of escarpments between coastal
terraces, along canyon rims and
ridgelines, and in vegetated flats (S.
Junak pers. comm. 2006; Junak and
Wilken 1998; U. S. Department of the
Navy, Southwest Division 2001). The
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
plant is often associated with maritime
cactus scrub on coastal flats at the
southwestern end of the island (Junak
and Wilken 1998). The collection of
moisture in rock crevices and at the base
of canyon walls and escarpments may
provide favorable conditions for this
species (S. Junak pers. comm. 2006). For
more information on the life history,
biology, and distribution of M.
clementinus, see the 2007 5-year review
of the species on https://
www.regulations.gov or https://
www.fws.gov/endangered/.
Castilleja grisea (San Clemente Island
Indian paintbrush) is a highly branched
perennial subshrub in the
Orobanchaceae (broom-rape) family.
The species is endemic to San Clemente
Island (Chuang and Heckard 1993) and
is the only representative of the genus
Castilleja found on the island
(Helenurm et al. 2005). Castilleja grisea
is typically 11.5 to 31.5 inches (3 to 8
decimeters) in height and covered with
a dense white-wooly felt. The flowers of
C. grisea are yellow. The original range
and distribution of C. grisea on San
Clemente Island is speculative, because
its decline began before thorough
botanical studies were completed.
However, since initial surveys were
conducted in 1996 and 1997, C. grisea
has expanded its distribution to include
steep canyon walls on the western side
of the island (Junak and Wilken 1998).
Occurrence data (as defined by the
reporters, not equivalent to CNDDB
occurrences) for this species span the
southern two-thirds of the island, a
distance of approximately 17.5 mi (28
km). For more information on the life
history, biology, and distribution of C.
grisea, see the 2007 5-year review of the
species on https://www.regulations.gov
or https://www.fws.gov/endangered/.
Evaluation of Information for This
Finding
Section 4 of the Act (16 U.S.C. 1533)
and its implementing regulations at 50
CFR part 424 set forth the procedures
for adding a species to, or removing a
species from, the Federal Lists of
Endangered and Threatened Wildlife
and Plants. A species may be
determined to be an endangered or
threatened species due to one or more
of the five factors described in section
4(a)(1) of the Act:
(A) The present or threatened
destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial,
recreational, scientific, or educational
purposes;
(C) Disease or predation;
(D) The inadequacy of existing
regulatory mechanisms; or
E:\FR\FM\19JAP1.SGM
19JAP1
Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Proposed Rules
(E) Other natural or manmade factors
affecting its continued existence.
We must consider these same five
factors in delisting a species. We may
delist a species according to 50 CFR
424.11(d) if the best available scientific
and commercial data indicate that the
species is neither endangered nor
threatened for the following reasons:
(1) The species is extinct;
(2) The species has recovered and is
no longer endangered or threatened; or
(3) The original scientific data used at
the time the species was classified were
in error.
In making this 90-day finding, we
evaluated whether information
regarding threats to Oenothera
californica (avita) subsp. eurekensis,
Swallenia alexandrae, the tidewater
goby, Acmispon dendroideus (Lotus
scoparius subsp.) var. traskiae,
Malacothamnus clementinus and
Castilleja grisea, as presented in the
petition and other information available
in our files, is substantial, thereby
indicating that the petitioned actions
may be warranted. Our evaluation of
this information is presented below.
erowe on DSK5CLS3C1PROD with PROPOSALS-1
Information Provided in the Petition
The petitioner requested the Service
to delist Oenothera californica (avita)
subsp. eurekensis and Swallenia
alexandrae, and reclassify the tidewater
goby, Acmispon dendroideus (Lotus
scoparius subsp.) var. traskiae,
Malacothamnus clementinus, and
Castilleja grisea, based on the analysis
and recommendations contained in the
most recent 5-year reviews of these taxa.
The petitioner cited the 5-year reviews
for each of these respective species as
supporting information for the petition.
Evaluation of Information Provided in
the Petition and Available in Service
Files
On March 5, 2008 (73 FR 11945), we
published a notice of completion of 58
5-year reviews, including the
recommendation of status changes for
the six petitioned species. Status change
recommendations for these species are
shown in Table 1. Each 5-year review
contains general background and life
history information, overview of
recovery criteria, an analysis of threats
specific to each taxon based on the five
listing factors in section 4 the Act, and
recommendation of status change, if
appropriate. The petitioner cited the 5year reviews for each of these respective
species as supporting information for
the petition, but provides no other
information. In each 5-year review
conducted for the six petitioned species,
we analyzed the threats specific to each
taxon based on the five listing factors in
VerDate Mar<15>2010
15:01 Jan 18, 2011
Jkt 223001
section 4 of the Act; we hereby cite and
incorporate the data and
recommendations in the 5-year reviews
for each of these respective species.
Accordingly, we have already
previously evaluated information
regarding threats as presented in the
petition (see the 2007 5-year reviews of
the species on https://
www.regulations.gov or https://
www.fws.gov/endangered/.) Based on
the analyses and recommendations
contained in the 5-year reviews for each
of the six petitioned taxa, we conclude
the petition and information in our files
represent substantial information
indicating the petitioned actions may be
warranted.
The primary rationale for the
recommendations in the 2007, 5-year
reviews to delist Oenothera californica
(avita) subsp. eurekensis and Swallenia
alexandrae was that the primary threat
to the two plant taxa at the time of
listing—unrestricted off-highway
vehicle (OHV) use—has been eliminated
(Service 2007a, p. 13; Service 2007b, p.
11). At the time of listing, the Eureka
Dunes was managed by the Bureau of
Land Management and open to
unrestricted OHV use. Following
publication of the proposed rule to list
the two Eureka Valley plants, the
Bureau closed the Eureka Dunes and
some of the surrounding area to OHVs
in 1976 and designated campsites,
closed undesignated routes, installed
vehicle barriers, increased ranger patrols
to enforce vehicle closures, conducted
monitoring, and instituted an
educational outreach program (Service
2007a, p. 8; Service 2007b, p. 6). The
1994 Desert Protection Act passed
management of the Eureka Valley from
the Bureau to Death Valley National
Park (Park). The Park designated all of
the dune systems within Eureka Valley
as wilderness areas, and illegal OHV use
within these areas has occurred only on
a sporadic basis. Other potential threats
have been identified such as horseback
riding and sandboarding and
competition from Russian thistle, but
we were unable to find evidence that
these threats were having an adverse
effect on the status of Oenothera
californica (avita) subsp. eurekensis or
Swallenia alexandrae (Service 2007a, p.
13; Service 2007b, p. 11).
The primary rationale for the
recommendation in the 2007, 5-year
review to downlist tidewater goby was
that the number of known occupied
localities had more than doubled since
the time it was listed from 48 localities
to 106, indicating that the species was
more resilient to perturbations and
climatic factors such as drought than
previously believed (Service 2007c, p.
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
3073
35). In addition, threats identified at the
time of listing had been reduced or were
not as serious as thought. One of the
main threats identified at the time of
listing was habitat destruction and
alteration. Current laws and regulations
have largely eliminated the major
destruction of habitat that occurred in
the past along the coast of California
(Service 2007c, p. 35).
The primary reasons for the
recommendations in the 2007, 5-year
review to downlist Acmispon
dendroideus (Lotus scoparius subsp.)
var. traskiae, Malacothamnus
clementinus, and Castilleja grisea were
removal of feral pigs and goats from San
Clemente Island by 1992 and
subsequent increases in the distribution
and abundance of each of these three
plants (Service 2007d, p. 17; Service
2007e, pp. 21–22; Service 2007f, p. 14).
In addition, in 2002 the Department of
the Navy adopted the San Clemente
Island Integrated Natural Resources
Management Plan which helps promote
the conservation of these three plants by
identifying a number of goals and
objectives designed to protect and
restore habitat (Service 2007d, p. 17;
Service 2007e, pp. 21–22; Service 2007f,
p. 14).
Since completion of the 5-year
reviews for the six petitioned species,
additional information has become
available and will be considered in our
status reviews. Specifically, we have
received additional monitoring data for
the two Eureka Valley plants, and, as
noted above, additional genetic and
taxonomic information for the tidewater
goby has been published. The recently
published genetic information indicates
that there is a divergent southern clade
of tidewater gobies in northern San
Diego County that may warrant
classification as a separate species (Earl
et al. 2010, p. 103). This and any
additional information we receive in
response to this finding will be
incorporated into our status reviews.
Finding
On the basis of our determination
under section 4(b)(3)(A) of the Act, we
have determined that the petition
presents substantial scientific or
commercial information indicating that
delisting Oenothera californica (avita)
subsp. eurekensis and Swallenia
alexandrae and reclassifying the
tidewater goby, Acmispon dendroideus
(Lotus scoparius subsp.) var. traskiae,
Malacothamnus clementinus, and
Castilleja grisea may be warranted. This
finding is based on information
provided in our analysis of the threats
to each taxon contained in the most
E:\FR\FM\19JAP1.SGM
19JAP1
3074
Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Proposed Rules
erowe on DSK5CLS3C1PROD with PROPOSALS-1
recent 5-year reviews for each of these
taxa.
Because we have found that the
petition presents substantial
information indicating that delisting
Oenothera californica (avita) subsp.
eurekensis and Swallenia alexandrae,
and reclassifying the tidewater goby,
Acmispon dendroideus (Lotus scoparius
subsp.) var. traskiae, Malacothamnus
clementinus, and Castilleja grisea, may
be warranted, we are initiating status
reviews for each taxon to determine
whether the petitioned actions of
delisting or reclassifying are warranted.
The ‘‘substantial information’’
standard for a 90-day finding differs
from the Act’s ‘‘best scientific and
commercial data’’ standard that applies
to a status review to determine whether
a petitioned action is warranted. A 90day finding does not constitute a status
review under the Act. We will complete
a thorough status review of the species
following a substantial 90-day finding.
In the resulting 12-month finding, we
will determine whether a petitioned
VerDate Mar<15>2010
15:01 Jan 18, 2011
Jkt 223001
action is warranted. Because the Act’s
standards for 90-day and 12-month
findings are different, as described
above, a substantial 90-day finding does
not mean that the 12-month finding will
result in a warranted finding.
5-Year Reviews
Section 4(c)(2)(A) of the Act requires
that we conduct a review of listed
species at least once every 5 years. We
are then, under section 4(c)(2)(B), to
determine, on the basis of such a
review, whether or not any species
should be removed from the List
(delisted), or reclassified from
endangered to threatened, or threatened
to endangered. Our regulations at 50
CFR 424.21 require that we publish a
notice in the Federal Register
announcing those species currently
under active review. This notice
announces our active review of the
Oenothera californica (avita) subsp.
eurekensis, Swallenia alexandrae, and
tidewater goby. Active reviews for
Acmispon dendroideus (Lotus scoparius
PO 00000
Frm 00029
Fmt 4702
Sfmt 9990
subsp.) var. traskiae, Malacothamnus
clementinus, and Castilleja grisea were
announced on May 21, 2010 (75 FR
28636).
References Cited
A complete list of references cited is
available on the Internet at https://
www.regulations.gov and upon request
from the Carlsbad or Ventura Fish and
Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Author
The primary authors of this notice are
the staff members of the Carlsbad and
Ventura Fish and Wildlife Offices (see
FOR FURTHER INFORMATION CONTACT).
Authority: The authority for this action is
the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: January 3, 2011.
Gregory E. Siekaniac,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2011–1050 Filed 1–18–11; 8:45 am]
BILLING CODE 4310–55–P
E:\FR\FM\19JAP1.SGM
19JAP1
]]>Agencies
[Federal Register Volume 76, Number 12 (Wednesday, January 19, 2011)]
[Proposed Rules]
[Pages 3069-3074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1050]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2011-0005; 92220-1113-0000-C5]
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition To Delist or Reclassify From Endangered to Threatened Six
California Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition findings and initiation of status
reviews.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to delist Oenothera californica (avita)
subsp. eurekensis (Eureka Valley evening-primrose) and Swallenia
alexandrae (Eureka Valley dunegrass), and reclassify the tidewater goby
(Eucyclogobius newberryi), Acmispon dendroideus (Lotus scoparius
subsp.) var. traskiae (San Clemente Island broom), Malacothamnus
clementinus (San Clemente Island bush-mallow), and Castilleja grisea
(San Clemente Island Indian paintbrush) from endangered to threatened
under the Endangered Species Act of 1973, as amended (Act). Based on
our review, we find that the petition presents substantial scientific
or commercial information indicating that the petitioned actions may be
warranted. Therefore, with the publication of this notice, we are
initiating status reviews of these taxa to determine if the respective
actions of delisting and reclassifying are warranted. Section
4(c)(2)(A) of the Act also requires a status review of listed species
at least once every 5 years. We are therefore electing to conduct these
reviews simultaneously. To ensure that these status reviews are
comprehensive, we are requesting scientific and commercial data and
other information regarding these species and subspecies. Based on
these status reviews, we will issue 12-month findings on the petition,
which will address whether the petitioned actions are warranted under
section 4(b)(3)(B) of the Act.
DATES: To allow us adequate time to conduct this review, we request
that we receive information on or before March 21, 2011. Please note
that if you are using the Federal eRulemaking Portal (see ADDRESSES
section, below), the deadline for submitting an electronic comment is
Eastern Standard Time on this date.
ADDRESSES: You may submit information by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. In the box
that reads ``Enter Keyword or ID,'' enter the Docket number for this
finding, which is [insert docket number]. Check the box that reads
``Open for Comment/Submission,'' and then click the Search button. You
should then see an icon that reads ``Submit a Comment.'' Please ensure
that you have found the correct rulemaking before submitting your
comment.
U.S. mail or hand-delivery: Public Comments Processing, Attn: [FWS-
insert docket number]; Division of Policy and Directives Management;
U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222;
Arlington, VA 22203.
We will post all information we receive on https://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Request for Information
section below for more details).
After March 21, 2011, you must submit information directly to the
Field Office (see FOR FURTHER INFORMATION CONTACT). Please note that we
might not be able to address or incorporate information that we receive
after the above requested date.
FOR FURTHER INFORMATION CONTACT: For information regarding Acmispon
dendroideus (Lotus scoparius subsp.) var. traskiae, Malacothamnus
clementinus and Castilleja grisea, contact Jim Bartel, Field
Supervisor, by mail at U.S. Fish and Wildlife Service, Carlsbad Fish
and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, CA 92009; by
telephone at (760-431-9440); or by facsimile at (760-431-9624).
For information regarding Oenothera californica (avita) subsp.
eurekensis, Swallenia alexandrae, and the tidewater goby, contact Diane
Noda, by mail at Ventura Fish and Wildlife Office, 2493 Portola Road,
Suite B, Ventura, CA 93003; by telephone (805-644-1766); or by
facsimile (805-644-3958). If you use
[[Page 3070]]
a telecommunications device for the deaf (TDD), please call the Federal
Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Request for Information
When we make a finding that a petition presents substantial
information indicating that delisting or reclassifying a species may be
warranted, we are required to promptly review the status of the species
(status review). For the status reviews to be complete and based on the
best available scientific and commercial information, we request
information on Oenothera californica (avita) subsp. eurekensis,
Swallenia alexandrae, the tidewater goby, Acmispon dendroideus (Lotus
scoparius subsp.) var. traskiae, Malacothamnus clementinus, and
Castilleja grisea from governmental agencies, Native American Tribes,
the scientific community, industry, and any other interested parties.
We seek information on:
(1) The species' biology, range, and population trends, including:
(a) Habitat requirements for feeding, breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns;
(d) Historical and current population levels, and current and
projected trends; and
(e) Past and ongoing conservation measures for the species, its
habitat, or both.
(2) The factors that are the basis for making a listing/delisting/
downlisting determination for a species under section 4(a) of the
Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et
seq.), which are:
(a) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(b) Overutilization for commercial, recreational, scientific, or
educational purposes;
(c) Disease or predation;
(d) The inadequacy of existing regulatory mechanisms; or
(e) Other natural or manmade factors affecting its continued
existence.
Please include sufficient information with your submission (such as
references to scientific journal articles or other publications) to
allow us to verify any scientific or commercial information you
include.
Submissions merely stating support for or opposition to the action
under consideration without providing supporting information, although
noted, cannot be considered in making a determination. Section
4(b)(1)(A) of the Act directs that determinations as to whether any
species is an endangered or threatened species must be made ``solely on
the basis of the best scientific and commercial data available.''
You may submit your information concerning these status reviews by
one of the methods listed in the ADDRESSES section. If you submit
information via https://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the
Web site. If you submit a hardcopy that includes personal identifying
information, you may request at the top of your document that we
withhold this personal identifying information from public review.
However, we cannot guarantee that we will be able to do so. We will
post all hardcopy submissions on https://www.regulations.gov.
Information and supporting documentation that we received and used
in preparing this finding is available for you to review at https://www.regulations.gov, or you may make an appointment during normal
business hours at the U.S. Fish and Wildlife Service, Carlsbad or
Ventura Fish and Wildlife Offices (see FOR FURTHER INFORMATION
CONTACT).
Background
Section 4(b)(3)(A) of the Act (16 U.S.C. 1533(b)(3)(A)) 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 information provided in the petition,
supporting information submitted with the petition, and information
otherwise available in our files. To the maximum extent practicable, we
are to make this finding within 90 days of our receipt of the petition
and publish our notice of the finding promptly in the Federal Register.
Our standard for substantial scientific or commercial 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 we find that substantial
scientific or commercial information was presented, we are required to
promptly conduct a species status review, which we subsequently
summarize in our 12-month finding.
Section 4(c)(2)(A) of the Act requires that we conduct a review of
listed species at least once every 5 years. We are then, under section
4(c)(2)(B), to determine, on the basis of such a review, whether or not
any species should be removed from the List (delisted), or reclassified
from endangered to threatened, or threatened to endangered. Our
regulations at 50 CFR 424.21 require that we publish a notice in the
Federal Register announcing those species currently under active
review. We published a notice May 21, 2010 (75 FR 28636), announcing
the review of Acmispon dendroideus (Lotus scoparius subsp.) var.
traskiae, Malacothamnus clementinus, and Castilleja grisea. This notice
announces our active review of the Oenothera californica (avita) subsp.
eurekensis, Swallenia alexandrae, and the tidewater goby.
Petition History
On May 18, 2010, we received a petition dated May 13, 2010, from
The Pacific Legal Foundation, requesting the Service to delist
Oenothera californica (avita) subsp. eurekensis and Swallenia
alexandrae, and to reclassify the tidewater goby, Acmispon dendroideus
(Lotus scoparius subsp.) var. traskiae, Malacothamnus clementinus, and
Castilleja grisea based on the analysis and recommendations contained
in the most recent 5-year reviews for these taxa. The petition clearly
identified itself as such and included the requisite identification
information for the petitioner, as required by 50 CFR 424.14(a). The
petition contained minor nomenclatural discrepancies for some taxa.
However, we have used the currently accepted names of these taxa in
this finding, and the finding addresses all of the petitioned taxa.
Previous Federal Actions
Under the Act, we maintain a List of Endangered and Threatened
Wildlife and Plants at 50 CFR 17.11 (for animals) and 17.12 (for
plants) (List). We amend the List by publishing final rules in the
Federal Register. Section 4(c)(2)(A) of the Act requires that we
conduct a review of listed species at least once every 5 years. Section
4(c)(2)(B) requires that we determine: (1) Whether a species no longer
meets the definition of threatened or endangered and should be removed
from the List (delisted); (2) whether a species listed as endangered
more properly meets the definition of threatened and should be
reclassified to threatened (downlisted); or (3) whether a species
listed as threatened more properly meets the definition of endangered
and should be reclassified to endangered (uplisted). Using the best
scientific and commercial data available, we will consider a species
for delisting if the data substantiate that the
[[Page 3071]]
species is neither endangered nor threatened for one or more of the
following reasons: (1) The species is considered extinct; (2) the
species is considered to be recovered; or (3) the original data
available when the species was listed, or the interpretation of such
data, were in error.
The two Eureka Valley plants were listed as endangered in 1978
(Table 1). A recovery plan was published for both in 1982. Critical
habitat has not been designated for either plant. A notice of review
initiation was published for the two Eureka Valley plants in 1983 (48
FR 55100; December 8, 1983), 1991 (56 FR 56882; November 6, 1991), and
2005 (70 FR 39327; July 7, 2005). For the review conducted in 1983, the
Service concluded in a notice of 5-year review completion that there
were no substantial data to suggest a change in status for either of
these two plants (50 FR 29900; July 22, 1985). A status review for the
two Eureka Valley plants was next completed in 1994 (Noell 1994). Based
on this 1994 status review, the Service recommended downlisting each of
these two plants. The 5-year review conducted in 2007 for each of these
two plants notes that the Service did not publish a proposed rule to
downlist either of these species following the 1994 status review,
because, under the 1994 Desert Protection Act, the lands where these
plants occurred were passed from Bureau of Land Management (BLM) to
National Park Service (NPS), and at the time, the Service was uncertain
about how the NPS would manage the threats to the species (Service
2007a, p. 4; Service 2007b, p. 2). In the 2007 5-year review, the
Service recommended delisting Oenothera californica (avita) subsp.
eurekensis (Service 2007a, p. 14) and Swallenia alexandrae (Service
2007b, p. 11).
The tidewater goby was listed as endangered in 1994 (Table 1). In
1999, the Service proposed to delist populations of tidewater goby in
areas north of Orange and San Diego Counties and retain populations in
Orange and San Diego Counties as an endangered distinct population
segment (64 FR 33816; June 24, 1999). Critical habitat in Orange and
San Diego Counties was designated in 2000 (65 FR 69693 November 20,
2000). The proposed rule to delist northern populations was withdrawn
in 2002 (67 FR 67803; November 7, 2002). In 2003, the U.S. District
Court for the Southern District of California ordered the Service to
promulgate a revised critical habitat rule that considered the entire
geographic range of the tidewater goby, and the Service published a new
critical habitat rule in 2008 (73 FR 5920; January 31, 2008). A
recovery plan for the tidewater goby was published in 2005. A notice of
review initiation was published in 2006 (71 FR 14538; March 22, 2006),
and the review was completed in 2007 (73 FR 11945; March 5, 2008). The
Service recommended downlisting the tidewater goby (Service 2007c, p.
36); however, the Service recommended that the proposed downlisting
action be deferred until taxonomic research referred to in the Genetics
section of the 2007 5-year review was published, because there was a
high likelihood that taxonomic changes to the tidewater goby were
imminent (Service 2007c, p. 35). Part of this research was recently
published (Earl et al. 2010) and will be considered in the 12-month
status review.
The three San Clemente plants were listed as endangered in 1977
(Table 1). A recovery plan was published for each in 1984. Critical
habitat has not been designated for any of these three plants. Notice
of review initiations were published in 1982 (47 FR 42387; September
27, 1982), 1987 (52 FR 25523; July 7, 1987), 1991 (56 FR 56882;
November 6, 1991), 2005 (70 FR 39327; July 7, 2005), and 2010 (75 FR
28636; May 21, 2010). A 5-year status review was completed for each of
these three plants in 2007 (73 FR 11945; March 5, 2008). In the 5-year
status reviews, the Service recommended downlisting Acmispon
dendroideus (Lotus scoparius subsp.) var. traskiae (Service 2007d, p.
22), Malacothamnus clementinus (Service 2007e, p. 28), and Castilleja
grisea (Service 2007f, p. 19).
Table 1--Previous Federal Actions for the Six Taxa Addressed in This Petition Finding
----------------------------------------------------------------------------------------------------------------
Critical Most recent 5-year
Species name Date listed and habitat Recovery plan published review and
status designated recommendation
----------------------------------------------------------------------------------------------------------------
Oenothera californica May 27, 1978 NA............. December 13, 1982......... September 24, 2007
(avita) subsp. eurekensis (43 FR 17910) Delist.
(Eureka Valley evening- Endangered.
primrose).
Swallenia alexandrae (Eureka May 27, 1978 NA............. December 13, 1982......... September 24, 2007
Valley dunegrass). (43 FR 17910). Delist.
Endangered.....
Tidewater goby February 4, January 31, December 7, 2005.......... September 28, 2007
(Eucyclogobius newberryi). 1994 (59 FR 2008 (73 FR Downlist.
5494) 5920).
Endangered.
Acmispon dendroideus (Lotus August 11, 1977 NA............. January 26, 1984.......... September 24, 2007
scoparius subsp.) var. (42 FR 40682) Downlist.
traskiae (San Clemente Endangered.
Island broom).
Malacothamnus clementinus August 11, 1977 NA............. January 26, 1984.......... September 28, 2007
(San Clemente Island bush- (42 FR 40682) Downlist.
mallow). Endangered.
Castilleja grisea (San August 11, 1977 NA............. January 26, 1984.......... September 24, 2007
Clemente Island Indian (42 FR 40682) Downlist.
paintbrush). Endangered.
----------------------------------------------------------------------------------------------------------------
Species Information
Oenothera californica (avita) subsp. eurekensis (Eureka Valley
evening-primrose) is a short-lived herbaceous perennial in the
Onagraceae (evening-primrose) family that forms small basal rosettes of
leaves. During years with sufficient rainfall, plants undergo rapid
stem elongation in April and May and bloom between April and July. In
general, O. c. subsp. eurekensis occupies the stabilized, gentle dune
slopes, extending out onto the shallower sand fields bordering the dune
systems of Eureka Valley, Inyo County, California (Bagley 1986). These
occupied dune systems include the Eureka Dunes, Saline Spur Dunes, and
Marble Canyon Dunes, all of which are public lands managed by Death
Valley National Park. For more information on
[[Page 3072]]
the life history, biology, and distribution of O. c. subsp. eurekensis,
see the 2007 5-year review of the species on https://www.regulations.gov
or https://www.fws.gov/endangered/.
Swallenia alexandrae (Eureka Valley dunegrass) is a perennial,
hummock-forming (traps and accumulates wind-blown soil and sand at the
base of plants) grass. Swallenia is a monotypic genus of Poaceae (grass
family). Plants are dormant during the winter, but begin to produce new
shoot growth around February. While growth accelerates in May, plants
produce loose, multi-branched clusters of flowers between April and
June and disperse seeds between May and July (Service 1982). In
general, S. alexandrae occupies relatively steep slopes of three dune
area systems in the southern portion of Eureka Valley (Bagley 1986):
Eureka Dunes, Saline Spur Dunes, and Marble Canyon Dunes. These dunes
are all within 9.3 mi (15 km) of each other. All populations are on
public lands managed by Death Valley National Park. For more
information on the life history, biology, and distribution of S.
alexandrae, see the 2007 5-year review of the species on https://www.regulations.gov or https://www.fws.gov/endangered/.
The tidewater goby (Eucyclogobius newberryi) is a small fish that
inhabits discrete locations of brackish water along the California
coast. The species is found from Tillas Slough (mouth of the Smith
River, Del Norte County) near the Oregon border south to Cockleburr
Canyon (northern San Diego County). The tidewater goby is known to have
formerly inhabited at least 135 localities within this range (Service
2005). The northern limit of the species' range has not changed;
however, the southern limit is now 9.2 mi (14.8 km) farther north from
its historically known southernmost location, Agua Hedionda Lagoon (San
Diego County) (Swift et al. 1989). Tidewater gobies appear to be
naturally absent (now and historically) from three large (50 to 135 mi
(80 to 217 km)) stretches of coastline where lagoons or estuaries are
absent and steep topography or swift currents may prevent tidewater
gobies from dispersing between adjacent localities (Swift et al. 1989).
For more information on the life history, biology, and distribution of
the tidewater goby, see the 2007 5-year review of the species on https://www.regulations.gov or https://www.fws.gov/endangered/.
Acmispon dendroideus (Lotus scoparius subsp.) var. traskiae (San
Clemente Island broom) is a semi-woody, short-lived (less than 5
years), subshrub in the Fabaceae (pea family). The subspecies is
endemic to San Clemente Island (Isely 1993) and is one of five
representatives of the genus Acmispon found on the island (U. S.
Department of the Navy, Southwest Division 2002). Acmispon dendroideus
var. traskiae is typically less than 4 feet (1.2 meters) in height,
with slender, erect green branches (Munz 1974). Since the 1970s, the
distribution of A. d. var. traskiae has been documented, and its range
includes north-facing slopes over most of the eastern and western sides
of the island (Service 1984; U. S. Department of the Navy, Southwest
Division 2002; Junak and Wilken 1998; Junak 2006). Occurrence data for
this species also span the entire length of the island, with several
occurrences documented in Wilson Cove, and one occurrence documented at
the southern tip of the island east of Pyramid Cove; a distance of
approximately 19 mi (31 km) (Junak and Wilken 1998; Junak 2006). The
majority of the remaining occurrences tend to be clustered on north-
facing slopes on the eastern side of the island. For more information
on the life history, biology, and distribution of A. d. var. traskiae,
see the 2007 5-year review of the species as Lotus dendroideus var.
traskiae on https://www.regulations.gov or https://www.fws.gov/endangered/.
Malacothamnus clementinus (San Clemente Island bush-mallow) is a
rounded subshrub (plants with stems woody at the base only) in the
Malvaceae (mallow) family. It grows up to 6.6 feet (2 meters) tall,
with numerous branched stems arising from its base (Munz and Johnston
1924; Munz and Keck 1959; Bates 1993; S. Junak pers. comm. 2006). The
species' leaves are angularly 3-5 lobed or nearly circular or ovate,
less than 2 inches (5 centimeters) in length and conspicuously
bicolored, with green, sparsely pubescent (covered with short, fine
hairs) upper surfaces and veiny, white, and hairy under surfaces that
are densely matted with branching hairs (Munz and Johnston 1924).
Plants bloom between March and August (California Native Plant Society
2001). Malacothamnus clementinus is the only species in its genus that
occurs on San Clemente Island (Tierra Data Inc. 2005). Malacothamnus
clementinus is restricted to San Clemente Island, where it occurs in a
range of conditions, including rock crevices along canyon walls, at the
base of rocky walls, at the base of escarpments between coastal
terraces, along canyon rims and ridgelines, and in vegetated flats (S.
Junak pers. comm. 2006; Junak and Wilken 1998; U. S. Department of the
Navy, Southwest Division 2001). The plant is often associated with
maritime cactus scrub on coastal flats at the southwestern end of the
island (Junak and Wilken 1998). The collection of moisture in rock
crevices and at the base of canyon walls and escarpments may provide
favorable conditions for this species (S. Junak pers. comm. 2006). For
more information on the life history, biology, and distribution of M.
clementinus, see the 2007 5-year review of the species on https://www.regulations.gov or https://www.fws.gov/endangered/.
Castilleja grisea (San Clemente Island Indian paintbrush) is a
highly branched perennial subshrub in the Orobanchaceae (broom-rape)
family. The species is endemic to San Clemente Island (Chuang and
Heckard 1993) and is the only representative of the genus Castilleja
found on the island (Helenurm et al. 2005). Castilleja grisea is
typically 11.5 to 31.5 inches (3 to 8 decimeters) in height and covered
with a dense white-wooly felt. The flowers of C. grisea are yellow. The
original range and distribution of C. grisea on San Clemente Island is
speculative, because its decline began before thorough botanical
studies were completed. However, since initial surveys were conducted
in 1996 and 1997, C. grisea has expanded its distribution to include
steep canyon walls on the western side of the island (Junak and Wilken
1998). Occurrence data (as defined by the reporters, not equivalent to
CNDDB occurrences) for this species span the southern two-thirds of the
island, a distance of approximately 17.5 mi (28 km). For more
information on the life history, biology, and distribution of C.
grisea, see the 2007 5-year review of the species on https://www.regulations.gov or https://www.fws.gov/endangered/.
Evaluation of Information for This Finding
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations at 50 CFR part 424 set forth the procedures for adding a
species to, or removing a species from, the Federal Lists of Endangered
and Threatened Wildlife and Plants. A species may be determined to be
an endangered or threatened species due to one or more of the five
factors described in section 4(a)(1) of the Act:
(A) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial, recreational, scientific, or
educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
[[Page 3073]]
(E) Other natural or manmade factors affecting its continued
existence.
We must consider these same five factors in delisting a species. We
may delist a species according to 50 CFR 424.11(d) if the best
available scientific and commercial data indicate that the species is
neither endangered nor threatened for the following reasons:
(1) The species is extinct;
(2) The species has recovered and is no longer endangered or
threatened; or
(3) The original scientific data used at the time the species was
classified were in error.
In making this 90-day finding, we evaluated whether information
regarding threats to Oenothera californica (avita) subsp. eurekensis,
Swallenia alexandrae, the tidewater goby, Acmispon dendroideus (Lotus
scoparius subsp.) var. traskiae, Malacothamnus clementinus and
Castilleja grisea, as presented in the petition and other information
available in our files, is substantial, thereby indicating that the
petitioned actions may be warranted. Our evaluation of this information
is presented below.
Information Provided in the Petition
The petitioner requested the Service to delist Oenothera
californica (avita) subsp. eurekensis and Swallenia alexandrae, and
reclassify the tidewater goby, Acmispon dendroideus (Lotus scoparius
subsp.) var. traskiae, Malacothamnus clementinus, and Castilleja
grisea, based on the analysis and recommendations contained in the most
recent 5-year reviews of these taxa. The petitioner cited the 5-year
reviews for each of these respective species as supporting information
for the petition.
Evaluation of Information Provided in the Petition and Available in
Service Files
On March 5, 2008 (73 FR 11945), we published a notice of completion
of 58 5-year reviews, including the recommendation of status changes
for the six petitioned species. Status change recommendations for these
species are shown in Table 1. Each 5-year review contains general
background and life history information, overview of recovery criteria,
an analysis of threats specific to each taxon based on the five listing
factors in section 4 the Act, and recommendation of status change, if
appropriate. The petitioner cited the 5-year reviews for each of these
respective species as supporting information for the petition, but
provides no other information. In each 5-year review conducted for the
six petitioned species, we analyzed the threats specific to each taxon
based on the five listing factors in section 4 of the Act; we hereby
cite and incorporate the data and recommendations in the 5-year reviews
for each of these respective species. Accordingly, we have already
previously evaluated information regarding threats as presented in the
petition (see the 2007 5-year reviews of the species on https://www.regulations.gov or https://www.fws.gov/endangered/.) Based on the
analyses and recommendations contained in the 5-year reviews for each
of the six petitioned taxa, we conclude the petition and information in
our files represent substantial information indicating the petitioned
actions may be warranted.
The primary rationale for the recommendations in the 2007, 5-year
reviews to delist Oenothera californica (avita) subsp. eurekensis and
Swallenia alexandrae was that the primary threat to the two plant taxa
at the time of listing--unrestricted off-highway vehicle (OHV) use--has
been eliminated (Service 2007a, p. 13; Service 2007b, p. 11). At the
time of listing, the Eureka Dunes was managed by the Bureau of Land
Management and open to unrestricted OHV use. Following publication of
the proposed rule to list the two Eureka Valley plants, the Bureau
closed the Eureka Dunes and some of the surrounding area to OHVs in
1976 and designated campsites, closed undesignated routes, installed
vehicle barriers, increased ranger patrols to enforce vehicle closures,
conducted monitoring, and instituted an educational outreach program
(Service 2007a, p. 8; Service 2007b, p. 6). The 1994 Desert Protection
Act passed management of the Eureka Valley from the Bureau to Death
Valley National Park (Park). The Park designated all of the dune
systems within Eureka Valley as wilderness areas, and illegal OHV use
within these areas has occurred only on a sporadic basis. Other
potential threats have been identified such as horseback riding and
sandboarding and competition from Russian thistle, but we were unable
to find evidence that these threats were having an adverse effect on
the status of Oenothera californica (avita) subsp. eurekensis or
Swallenia alexandrae (Service 2007a, p. 13; Service 2007b, p. 11).
The primary rationale for the recommendation in the 2007, 5-year
review to downlist tidewater goby was that the number of known occupied
localities had more than doubled since the time it was listed from 48
localities to 106, indicating that the species was more resilient to
perturbations and climatic factors such as drought than previously
believed (Service 2007c, p. 35). In addition, threats identified at the
time of listing had been reduced or were not as serious as thought. One
of the main threats identified at the time of listing was habitat
destruction and alteration. Current laws and regulations have largely
eliminated the major destruction of habitat that occurred in the past
along the coast of California (Service 2007c, p. 35).
The primary reasons for the recommendations in the 2007, 5-year
review to downlist Acmispon dendroideus (Lotus scoparius subsp.) var.
traskiae, Malacothamnus clementinus, and Castilleja grisea were removal
of feral pigs and goats from San Clemente Island by 1992 and subsequent
increases in the distribution and abundance of each of these three
plants (Service 2007d, p. 17; Service 2007e, pp. 21-22; Service 2007f,
p. 14). In addition, in 2002 the Department of the Navy adopted the San
Clemente Island Integrated Natural Resources Management Plan which
helps promote the conservation of these three plants by identifying a
number of goals and objectives designed to protect and restore habitat
(Service 2007d, p. 17; Service 2007e, pp. 21-22; Service 2007f, p. 14).
Since completion of the 5-year reviews for the six petitioned
species, additional information has become available and will be
considered in our status reviews. Specifically, we have received
additional monitoring data for the two Eureka Valley plants, and, as
noted above, additional genetic and taxonomic information for the
tidewater goby has been published. The recently published genetic
information indicates that there is a divergent southern clade of
tidewater gobies in northern San Diego County that may warrant
classification as a separate species (Earl et al. 2010, p. 103). This
and any additional information we receive in response to this finding
will be incorporated into our status reviews.
Finding
On the basis of our determination under section 4(b)(3)(A) of the
Act, we have determined that the petition presents substantial
scientific or commercial information indicating that delisting
Oenothera californica (avita) subsp. eurekensis and Swallenia
alexandrae and reclassifying the tidewater goby, Acmispon dendroideus
(Lotus scoparius subsp.) var. traskiae, Malacothamnus clementinus, and
Castilleja grisea may be warranted. This finding is based on
information provided in our analysis of the threats to each taxon
contained in the most
[[Page 3074]]
recent 5-year reviews for each of these taxa.
Because we have found that the petition presents substantial
information indicating that delisting Oenothera californica (avita)
subsp. eurekensis and Swallenia alexandrae, and reclassifying the
tidewater goby, Acmispon dendroideus (Lotus scoparius subsp.) var.
traskiae, Malacothamnus clementinus, and Castilleja grisea, may be
warranted, we are initiating status reviews for each taxon to determine
whether the petitioned actions of delisting or reclassifying are
warranted.
The ``substantial information'' standard for a 90-day finding
differs from the Act's ``best scientific and commercial data'' standard
that applies to a status review to determine whether a petitioned
action is warranted. A 90-day finding does not constitute a status
review under the Act. We will complete a thorough status review of the
species following a substantial 90-day finding. In the resulting 12-
month finding, we will determine whether a petitioned action is
warranted. Because the Act's standards for 90-day and 12-month findings
are different, as described above, a substantial 90-day finding does
not mean that the 12-month finding will result in a warranted finding.
5-Year Reviews
Section 4(c)(2)(A) of the Act requires that we conduct a review of
listed species at least once every 5 years. We are then, under section
4(c)(2)(B), to determine, on the basis of such a review, whether or not
any species should be removed from the List (delisted), or reclassified
from endangered to threatened, or threatened to endangered. Our
regulations at 50 CFR 424.21 require that we publish a notice in the
Federal Register announcing those species currently under active
review. This notice announces our active review of the Oenothera
californica (avita) subsp. eurekensis, Swallenia alexandrae, and
tidewater goby. Active reviews for Acmispon dendroideus (Lotus
scoparius subsp.) var. traskiae, Malacothamnus clementinus, and
Castilleja grisea were announced on May 21, 2010 (75 FR 28636).
References Cited
A complete list of references cited is available on the Internet at
https://www.regulations.gov and upon request from the Carlsbad or
Ventura Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Author
The primary authors of this notice are the staff members of the
Carlsbad and Ventura Fish and Wildlife Offices (see FOR FURTHER
INFORMATION CONTACT).
Authority: The authority for this action is the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: January 3, 2011.
Gregory E. Siekaniac,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2011-1050 Filed 1-18-11; 8:45 am]
BILLING CODE 4310-55-P
