6240 Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Proposed Rules 

1 In MM Docket No. 01–62, Station WKGL was 

ordered to specify operation on Channel 278A in 

lieu of Channel 249A at Russelville, Alabama. See 

Ardmore, AL et al., 17 FCC Rcd 16332. Station 

WKGL was granted a license (BMLH–

20030415ACF), which implemented this change.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Media Bureau, 

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

04–12, adopted January 14, 2004, and 

released January 20, 2004. The full text 

of this Commission decision is available 

for inspection and copying during 

normal business hours in the FCC’s 

Reference Information Center at Portals 

II, CY–A257, 445 Twelfth Street, SW, 

Washington, DC. This document may 

also be purchased from the 

Commission’s duplicating contractors, 

Qualex International, Portals II, 445 

12th Street, SW, Room CY–B402, 

Washington, DC 20554, telephone 202–

863–2893, or via e-mail 

qualexint@aol.com.

Provisions of the Regulatory 

Flexibility Act of l980 do not apply to 

this proceeding. 

Members of the public should note 

that from the time a Notice of Proposed 

Rule Making is issued until the matter 

is no longer subject to Commission 

consideration or court review, all ex 

parte contacts are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR 1.1204(b) for rules 

governing permissible ex parte contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting.

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

Part 73 as follows:

PART 73—RADIO BROADCAST 

SERVICES 

1. The authority citation for Part 73 

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.202 [Amended] 

2. Section 73.202(b), the Table of FM 

Allotments under Alabama, is amended 

by adding Littleville, Channel 278A, 

and removing Russellville, Channel 

249A.1

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–2833 Filed 2–9–04; 8:45 am] 

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

50 CFR Part 17

Endangered and Threatened Wildlife 

and Plants; 90-day Finding for a 

Petition To List Cymopterus 

deserticola (Desert Cymopterus) as 

Endangered

AGENCY: Fish and Wildlife Service, 

Interior.

ACTION: Notice of 90-day petition 

finding and initiation of status review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

90-day finding for a petition to list 

Cymopterus deserticola (desert 

cymopterus) as endangered under the 

Endangered Species Act of 1973, as 

amended. We find that the petition does 

present substantial scientific or 

commercial information indicating that 

listing this species may be warranted. 

Therefore, with the publication of this 

notice, we are initiating a status review 

of the species, and will issue a 12-

month finding to determine if the 

petitioned action is warranted. To help 

ensure the review is comprehensive, we 

are soliciting information and data 

regarding this species.

DATES: The finding announced in this 

document was made on January 29, 

2004. To be considered in the 12-month 

finding for this petition, comments and 

information must be submitted to us by 

April 12, 2004.

ADDRESSES: Data, information, written 

comments and materials, or questions 

concerning this petition and finding 

must be submitted to the Field 

Supervisor, Ventura Fish and Wildlife 

Office, U.S. Fish and Wildlife Service, 

2493 Portola Road, Suite B, Ventura, CA 

93003. The petition finding and 

supporting information are available for 

public inspection, by appointment, 

during normal business hours at the 

above address.

FOR FURTHER INFORMATION CONTACT:

Field Supervisor, U.S. Fish and Wildlife 

Service, Ventura Fish and Wildlife 

Office, at the above ADDRESSES

(telephone 805/644–1766; facsimile 

805/644–3958).

SUPPLEMENTARY INFORMATION: 

Background 

Section 4(b)(3)(A) of the Endangered 

Species Act of 1973, as amended (Act) 

(16 U.S.C. 1531 et seq.), requires that the 

Service 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 the receipt of 

the petition, and the finding is to be 

published 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. 

Cymopterus deserticola became a 

candidate for listing in 1975. In 1993, 

the Service elevated the status of C. 

deserticola from a ‘‘C2’’ candidate to a 

‘‘C1’’ candidate. In 1995, C. deserticola

was returned to the ‘‘C2’’ category, 

citing reduced threats due to the 

development of the West Mojave Plan 

(BLM 2003). In 1996, the Service 

discontinued the recognition of ‘‘C2’’

candidates and henceforth referred to 

former ‘‘C1’’ candidates as ‘‘candidates’’

(61 FR 7457). 

On April 15, 2002, the Service 

received a petition, dated March 29, 

2002, from Ileene Anderson of the 

California Native Plant Society and 

Daniel Patterson of the Center for 

Biological Diversity, requesting that the 

Service list Cymopterus deserticola

(desert cymopterus) in the western 

Mojave Desert, California, as 

endangered pursuant to the Act, and to 

concurrently designate critical habitat. 

The petition requested endangered 

status because the petitioners assert very 

few C. deserticola remain in the western 

Mojave Desert, this species has suffered 

declines in recent years, and habitat 

destruction is ongoing and impending. 

In response to the petitioners’

requests to list Cymopterus deserticola,

we sent a letter to the petitioners on 

June 12, 2002, explaining that we would 

not be able to address their petition 

until fiscal year 2003. The reason for 

this delay was that court orders and 

settlement agreements required nearly 

Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Proposed Rules 6241

all of our listing funding for fiscal year 

2002. At the end of fiscal year 2003, we 

were able to initiate work on the 

petition. 

Biology 

Cymopterus deserticola is a member 

of the carrot family (Apiaceae). C. 

deserticola varies from other members 

of the genus Cymopterus by having 

extremely dense, single-tiered umbels 

(flower stems radiating from a central 

point). Individual plants generally reach 

6 inches (in) (15 centimeters (cm)) in 

height when in flower. The leaves are 

highly dissected (fernlike), grayish green 

and hairless, and are arranged in a basal 

rosette around the stem-root crown that 

is just below the soil surface. 

Cymopterus deserticola is unusual in 

having herbaceous aboveground leaves 

and inflorescences (flowering structure) 

that die back at the end of the growing 

season, leaving only the perennial 

taproot to overwinter. The leaves and 

inflorescences may only be visible in 

years when climatic conditions, 

including sufficient rainfall, are present. 

In some years, individuals may produce 

leaves but not inflorescences. In years 

when flowering does occur, the 

inflorescences emerge between March 

and May. When climatic conditions are 

unfavorable, including drought, the 

plant may persist solely as a dormant 

taproot. Although many perennial 

desert species survive periods of 

drought-induced dormancy, the lifespan 

of the perennial taproot of C. deserticola

is unknown. 

In 1915, Thomas Brandegee first 

described Cymopterus deserticola from 

material collected near Kramer Junction, 

San Bernardino County, California. The 

historic distribution of C. deserticola

ranges from Apple Valley, San 

Bernardino County, northward 

approximately 55 miles (mi) (89 

kilometers (km)) to the Cuddeback Lake 

basin in San Bernardino County, and 

westward approximately 45 mi (73 km) 

to the Rogers and Buckhorn Lake basins 

on Edwards Air Force Base (EAFB) in 

Kern and Los Angeles Counties 

(Mitchell et al. 1995; California 

Department of Fish and Game (CDFG) 

2003).

The Apple Valley populations are 

known only from historic collections 

made in 1915, 1920, and 1941. Recent 

attempts to locate Cymopterus 

deserticola in areas of the historic Apple 

Valley collections have been 

unsuccessful, and it appears likely that 

these populations have been lost to 

urban development and off-highway 

vehicle (OHV) use (Moe 1988). The 

Apple Valley populations are also 

disjunct by at least 28 mi (45 km) from 

the nearest known extant populations. 

The extant range of the species 

includes the Rogers Dry Lake basin, the 

Harper Dry Lake basin, the Cuddeback 

Dry Lake basin, and the Superior Dry 

Lake basin. This extant range extends 

approximately 50 mi (80 km) from east 

to west and 35 mi (56 km) from north 

to south. However, the plant usually 

occurs in areas adjacent to these 

ephemeral (transitory) lakes. 

Survey information is more complete 

for some areas than others. In addition, 

survey results are not always 

comparable because of the variation in 

how individuals tallied populations or 

colonies (concentrations of individuals) 

across the landscape. Moreover, surveys 

only count the individuals visible above 

ground; consequently, survey numbers 

represent only a subset of the total 

number of individuals that may be 

present at that population. 

The greatest number of individuals 

are located within the Rogers Dry Lake 

basin on Edwards Air Force Base 

(EAFB), where approximately 14,093 

plants were counted or estimated over 

1,465 acres (ac) (593 hectares (ha)) 

throughout the base in 67 survey areas 

(Mitchell et al. 1995), including 8 

previously documented populations 

from 1988 (Moe 1988; CDFG 2001) and 

2 historic collections. Prior to extensive 

surveys conducted in 1995, Cymopterus 

deserticola had been reported from 29 

populations on EAFB (Mitchell et al.

1995). The intensity of survey efforts for 

C. deserticola in 1995 and favorable 

weather contributed to the relocation of 

19 of the previously known 29 

populations, and the discovery of 57 

new populations. Approximately 10,402 

plants were counted in all the 19 

populations in 1995, while fewer than 

1,700 plants had previously been 

reported for these 19 populations. 

Within this watershed, there are 9 other 

populations outside of EAFB in the 

Peerless Valley where C. deserticola has 

been observed. Less than 200 plants 

have been cumulatively documented 

from these nine populations (Bureau of 

Land Management (BLM) 2001). In all, 

76 C. deserticola populations were 

observed within this basin in 1995, with 

14,362 plants counted. 

In 2003, EAFB undertook efforts to 

develop an initial habitat model for 

Cymopterus deserticola and two other 

plant species of concern, Calochortus 

striatus (Alkali mariposa lily) and 

Eriophyllum mohavense (Barstow wooly 

sunflower). Six new populations of C. 

deserticola were found on base and just 

to the north of the base during field 

verification of the habitat model (Wood 

2003). Therefore, C. deserticola has 

occurred, or is known to occur, at 92 

populations on EAFB. 

The Harper Dry Lake basin contains 6 

populations, which together support at 

a maximum 200 Cymopterus deserticola

plants (BLM 2001). The Cuddeback Dry 

Lake basin supports four populations of 

C. deserticola. In 2001, more than 40 

plants were observed at these 

populations. At the Superior Dry Lake 

basin in 2001, Silverman and Cione 

discovered a range extension to the east. 

Forty plants in a single population were 

counted (BLM 2001). 

Cymopterus deserticola grows on 

loose sandy soils in Joshua tree 

woodland, saltbush scrub, and 

Mojavean desert scrub communities in 

the western Mojave Desert between 

2,000 and 3,000 feet (610 and 915 

meters) in elevation (Bagley 1998). The 

sandy soils that C. deserticola requires 

can be found in the following, alluvial 

fans and basins, stabilized sand fields, 

and occasionally sandy slopes of desert 

dry lake basins. This species typically 

grows in the cool, moist conditions of 

winter and early spring, and goes 

dormant as the warmer weather 

progresses in April and May (Bagley 

1998).

Conservation Status 

The petitioners provided substantial 

amounts of information relating to 

threats to Cymopterus deserticola.

Information on the status and threats to 

the species in relation to the five factors 

in section 4 of the Act are summarized 

below: 

With respect to factor A, the 

petitioners assert that the Rogers Dry 

Lake basin, which contains the largest 

concentration of known extant species 

occurrences, is threatened by habitat 

alteration and destruction due to 

military activities on EAFB. One 

example is the cleanup of the 

groundwater contamination from the 

Air Force Research Laboratory 

Propulsion Directorate (EAFB 1998) that 

underlies one of the documented study 

sites for Cymopterus deserticola as 

stated in the 1995 Mitchell et al. report. 

The petitioners claim that utility 

construction has also adversely affected 

this species and its habitat in the 

southern portion of the Harper Dry Lake 

basin and the northern portion of Rogers 

Dry Lake in the BLM designated utility 

corridor and adjacent sites (Bagley 

1998). Types of projects in utility 

corridors include construction of 

transmission lines and pipelines. An 

example is the Kern River Pipeline 

expansion project that potentially 

threatens six populations on private 

lands west of Kramer Junction between 

Highway 58 and EAFB. The realignment 

6242 Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Proposed Rules 

and widening of State Highway 58 also 

potentially poses a threat to the species 

and its habitat. 

Other factors the petitioners claim are 

adversely affecting Cymopterus 

deserticola and its habitat include OHV 

activity, oil and gas development, and 

the BLM’s Land Tenure Adjustment 

program. The BLM has assessed the 

habitat at the Superior Valley site as 

being in ‘‘poor condition’’ due to 

adverse affects from OHV recreation 

(BLM 1998). Oil and gas development 

may have increased the potential for 

destroying habitat for this species in the 

Cuddeback Dry Lake basin and Rogers 

Dry Lake. One population of C. 

deserticola occurs on BLM lands 

available for Land Tenure Adjustment, 

potentially removing another 

population from public management 

and making it available for private 

development. 

With regard to factor B, the petitioners 

state no commercial or recreation 

overutilization for the species is known 

at this time, but that, because of its 

rarity, collection for scientific or 

educational purposes may be a threat to 

the species. 

With respect to factor C, the 

petitioners assert that grazing poses 

another threat to this species. Although 

the effects of livestock grazing on 

Cymopterus deserticola is not 

documented in the literature, sheep 

grazing has been documented to have 

directly affected two populations. 

Although according to Bagley (1998), 

grazing is not permitted on EAFB, one 

of these two populations is located on 

the base. Individuals at this site on 

EAFB were entirely eliminated as a 

result of grazing by trespass sheep in 

1994. On two other sites that occur on 

BLM lands in Harper Dry Lake outside 

of the grazing allotment, trespass of 

sheep has been chronic (BLM 1998). In 

addition to direct predation (eating the 

plants), the ecological processes of the 

habitat are altered by livestock 

trampling, which may disrupt water 

holding capacities of the soil, promote 

soil erosion from wind, and change the 

plant taxa composition found within the 

community to non-native weedy species 

that outcompete native species. 

High levels of leaf predation on 

Cymopterus deserticola have been 

observed in two studies on EAFB in 

areas not grazed by livestock (Mitchell 

et al.1995; Charleton 1993). Predation is 

likely due to a variety of herbivores 

such as black-tailed jackrabbits (Lepus 

californicus), brush rabbits (Family 

Leporidae), ground squirrels (Family 

Sciuridae), kangaroo rats (Family 

Heteromyidae), mice (Families 

Cricetidae and Muridae), desert tortoise 

(Gopherus agassizii), caterpillars (Order 

Lepidoptera), and beetles (Order 

Coleoptera) (Bagley 1998). The 

petitioners claim no specific disease 

threats have been reported for C. 

deserticola.

In respect to factor D, the petitioners 

address the draft WMP (BLM 2003), 

which will function as a multi-species 

Habitat Conservation Plan for the desert 

tortoise (Gopherus agassizii) and other 

listed and sensitive species within the 

planning area. The petitioners claim 

that Cymopterus deserticola has been 

dropped from the planning process 

because the species cannot have a viable 

conservation strategy without military 

participation (BLM 2002). According to 

the draft Environmental Impact Report 

and Statement for the draft WMP (BLM 

2003), C. deserticola is still a species 

targeted for conservation measures, and 

has not been dropped. 

The draft WMP (BLM 2003) requires 

botanical surveys for projects proposed 

within the Fremont-Kramer and 

Superior-Cronese Desert Wildlife 

Management Areas (DWMAs) for those 

areas of windblown sand on the east 

side of larger playas, including Harper 

Dry Lake, Superior Dry Lake, and 

Cuddeback Dry Lake in San Bernardino 

County. If the plant is located, 

prescriptions call for avoiding all 

occurrences to the maximum extent 

practicable, and reporting the loss of 

plants. In Kern County, the draft WMP 

proposes the following measures: 

establishing the North Edwards 

Conservation Area, requiring botanical 

surveys, and adjusting the boundary 

over time to reflect survey results. The 

draft WMP has undergone numerous 

revisions over the last decade and is still 

in draft form and the implementation of 

conservation strategies for Cymopterus 

deserticola and its habitat remain a 

proposal. 

The petitioners also state that the lack 

of any management or conservation 

strategies by EAFB and ongoing projects 

on EAFB is adversely affecting this 

species and leave the future survival of 

C. deserticola populations on EAFB 

uncertain. Petitioners assert that, since 

the core population of this species is 

located on EAFB, without assured 

conservation measures in place, the 

long-term survival of C. deserticola

remains in question.

With regard to factor E, the petitioners 

claim that the ‘‘extremely limited 

distribution and relatively small 

numbers of individuals’’ of this species, 

make populations of Cymopterus 

deserticola vulnerable to extinction 

from stochastic events (e.g., drought and 

disease). Species with few populations 

and individuals are vulnerable to the 

threat of naturally occurring events, 

causing extinction through mechanisms 

operating either at the genetic level, the 

population level, and/or the landscape 

level. Isolation of small populations 

from one another can lead to loss of 

genetic variation due to genetic drift and 

increased inbreeding (Hamrick and Godt 

1996). Genetic consequences of drift and 

loss of genetic variation include loss of 

adaptability to change and inbreeding, 

which is the mating of individuals 

likely to share some of their genes due 

to common ancestry. Inbreeding 

depression is thought to reduce fitness 

of individual plants; it may negatively 

affect components such as seed 

availability, germination success, and 

flower and fruit production (Falk 1992). 

At the landscape level, random natural 

events, such as storms or drought, could 

destroy a significant percentage of 

individuals or entire populations; a hot 

fire could destroy a seedbank as well. 

The restriction of colonies to small sites 

increases their risk of extinction from 

such naturally occurring events. The 

genetic characteristics of Cymopterus 

deserticola have not been investigated; 

therefore, the degree to which these 

characteristics contribute to the 

likelihood of C. deserticola being 

vulnerable to extinction for these 

reasons is unknown. 

Summary 

The information provided by the 

petitioners and information in our files 

presents substantive information that 

Cymopterus deserticola may be 

threatened by habitat alteration and 

destruction and livestock grazing 

throughout its range, both on EAFB and 

BLM lands. The draft WMP may contain 

measures that contribute to the 

conservation of C. deserticola. However, 

the WMP only addresses a small portion 

of this species’ range, which is outside 

of EAFB. More than 90 percent of the 

known populations occur on EAFB and 

conservation measures for the species 

were not included in the EAFB INRMP. 

Finding 

We have reviewed the petition to list 

Cymoterus deserticola and the 

supporting documentation, information 

in our files, and other readily available 

information. We find that the petition 

did include substantial information 

indicating that the listing of C. 

deserticola may be warranted. With the 

publication of this notice, we are 

initiating a status review of C. 

deserticola to determine whether listing 

is warranted. 

The petition also requests us to 

designate critical habitat for this 

species. If we determine in our 12-

Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Proposed Rules 6243

month finding that listing Cymopterus 

deserticola is warranted, we will 

address the designation of critical 

habitat in the subsequent proposed 

listing rule or as funding allows. 

Public Information Solicited 

When we find that there is substantial 

information indicating that the 

petitioned action may be warranted, we 

are required to promptly commence a 

review of the status of the species. To 

ensure that the status review is 

complete and based on the best 

available scientific and commercial 

information, we are soliciting 

information on the Cymopterus 

deserticola throughout the species’

range. We request any additional 

information, comments, and suggestions 

from the public, governmental agencies, 

the scientific community, industry, and 

any other interested parties concerning 

the status of this species throughout its 

range. We are seeking information 

regarding historic and current 

distribution, habitat, biology and 

ecology, ongoing conservation measures 

for this species and its habitat, threats 

to the species and its habitat and 

information regarding the adequacy of 

existing regulatory mechanisms. 

If you wish to comment, you may 

submit your comments and materials 

concerning this finding to the Field 

Supervisor (see ADDRESSES section). Our 

practice is to make comments, including 

names and home addresses of 

respondents, available for public review 

during regular business hours. 

Respondents may request that we 

withhold a respondent’s identity, as 

allowable by law. If you wish us to 

withhold your name or address, you 

must state this request prominently at 

the beginning of your comment. 

However, we will not consider 

anonymous comments. To the extent 

consistent with applicable law, we will 

make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

Comments and materials received will 

be available for public inspection, by 

appointment, during normal business 

hours at the above address. 

References Cited 

A complete list of all references cited 

herein is available on request from the 

Ventura Fish and Wildlife Office (see

ADDRESSES section). 

Author 

The primary author of this document 

is Robert McMorran, Ventura Fish and 

Wildlife Office, U.S. Fish and Wildlife 

Service (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 29, 2004. 

Steve Williams, 

Director, Fish and Wildlife Service.

[FR Doc. 04–2596 Filed 2–9–04; 8:45 am] 

BILLING CODE 4310–55–P