[Federal Register Volume 62, Number 25 (Thursday, February 6, 1997)]
[Proposed Rules]
[Pages 5560-5567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2876]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC65


Endangered and Threatened Wildlife and Plants; Withdrawal of 
Proposed Rule to List Parish's Meadowfoam, as Threatened, and Cuyamaca 
Lake Downingia as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; notice of withdrawal.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) withdraws the 
proposal to list Cuyamaca Lake downingia (Downingia concolor var. 
brevior) as an endangered species and Parish's meadowfoam (Limnanthes 
gracilis ssp. parishii) as a threatened species under the Endangered 
Species Act of 1973, as amended (Act).
    The Service finds that information now available, discussed below, 
justifies withdrawal of the proposed listings of these species as 
endangered or threatened. Various local, State, and Federal agencies 
have developed and approved a Conservation Agreement that provides 
adequate protection for these species throughout a significant portion 
of their range. This agreement is entitled: Conservation Agreement for 
the Preservation of Cuyamaca Lake Downingia (Downingia concolor var. 
brevior) and Parish's Meadowfoam (Limnanthes gracilis ssp. parishii). 
The Helix Water District, Lake Cuyamaca Recreation and Park District, 
California Department of Parks and Recreation (State Parks), California 
Department of Fish and Game (CDFG), the Service, and the U.S. Forest 
Service are signatories to the Conservation Agreement, which the 
Service signed on August 5, 1996. The Conservation Agreement addresses 
threats to both species and recovery actions through a combination of 
measures. These measures address impacts resulting from alteration of 
hydrology in the Cuyamaca Valley, grazing, recreational activities, and 
off-road vehicle (ORV) access over the majority of the range of these 
two plant species. Because implementation of the measures in this 
conservation agreement significantly reduces the risks to Downingia 
concolor var. brevior and Limnanthes gracilis ssp. parishii, the 
Service concludes that listing is not warranted.

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

FOR FURTHER INFORMATION CONTACT: Fred Roberts (see ADDRESSES section) 
telephone 619/431-9440.

SUPPLEMENTARY INFORMATION:

Background

    On August 4, 1994, the Service published in the Federal Register 
(59 FR 39879) a proposal to list Downingia concolor var. brevior 
(Cuyamaca Lake downingia) as endangered and Limnanthes gracilis ssp. 
parishii (Parish's meadowfoam) as threatened. These species occur in 
association with wetlands of the Peninsular Ranges of southwestern 
California from the Santa Ana Mountains of extreme southwestern 
Riverside County, south to the Laguna Mountains of southern San Diego 
County, California. Both plants are restricted to grassy meadows or 
drainages that are vernally wet (wet during the rainy season) with 
saturated soil conditions and shallow pools for several weeks at a 
time. In the vicinity of Lake Cuyamaca these shallow pools are 
associated with drier mounds called mima mounds. This type of 
physiography is referred to as montane meadow-vernal pool association.
    Downingia concolor var. brevior is restricted to the Cuyamaca 
Valley in the Cuyamaca Mountains of central San Diego County, 
California. This locality also supports the largest concentration of 
Limnanthes gracilis ssp. parishii. Although the vernal pool and mima 
mound topography has been mostly obliterated, much of the unique 
montane, vernal pool flora remains. This flora includes a number of 
disjunct species that are more frequently associated with vernal pools 
of central California or coastal San Diego County (e.g., Deschampsia 
danthonioides (annual hairgrass), Blennosperma nanum (common 
blennosperma)), or occur in highly restricted distributions in the 
mountains of southern California (e.g., Delphinium hesperium ssp. 
cuyamacae (Cuyamaca larkspur)) (Beauchamp 1986a, Winter 1991).
    Downingia concolor var. brevior (Cuyamaca Lake downingia) was 
described by McVaugh (1941) based on a collection by Abrams at Cuyamaca 
Lake, Cuyamaca Mountains, San Diego County, California. Beauchamp 
(1986b) elevated the plant to a subspecies following the suggestions of 
Thorne (1978). However, Ayers (1993) recognized this plant as Downingia 
concolor var. brevior, which is consistent with McVaugh's (1941) 
treatment of this taxon.
    Downingia concolor var. brevior is a member of the bellflower 
family (Campanulaceae). This plant is a low, slightly succulent annual 
herb, with stems 5 to 20 centimeters (cm) (2 to 8 inches (in)) long. 
The flowers are blue and white with a 4-sided purple spot at the base 
of the united petals. The fruit is 12 to 15 millimeters (mm) (0.5 in) 
long and the seeds have linear striations (grooves). Downingia concolor 
var. brevior blooms from May to July and sets seed from June to August. 
The seeds are dispersed by flooding and require brief inundation for 
germination (Munz 1974, Bauder 1992).
    Downingia concolor var. brevior can be distinguished from the only 
other two members of this genus that occur in southern California, 
Downingia cuspidata and Downingia bella, by the form of the striations 
on the seed, the color of the flower, and the hair or lack of hair on 
the corolla lobes. It can be distinguished from the more northern 
Downingia concolor var. concolor by the size of the fruit and how 
rapidly the fruit splits open when the seeds are mature (Ayers 1993).
    Downingia concolor var. brevior is restricted to a single 
population at Lake Cuyamaca in the Cuyamaca Valley of San Diego County, 
California, on private land owned by the Helix Water District, public 
lands within Rancho Cuyamaca State Park and, to a lesser extent, other 
private lands. Historically, the population of Downingia concolor var. 
brevior was located throughout much of the valley floor. The plant has 
now been largely restricted to the shore of the lake, extending onto 
the valley floor only during dry years. From 1988 to 1992, one 
population existed in the vicinity of Lake Cuyamaca, consisting of 
between 9 and 24 stands. These stands occupied a total of less than 80 
hectares (ha) (200 acres (ac)) and frequently occupied less than 40 ha 
(100 ac). In years with little flowering, the total observed 
distribution of Downingia concolor var. brevior is less than 0.4 ha (1 
ac) (E. Bauder, in litt., October 1994). The number of individuals 
within these stands, and the location and size of these stands vary in 
any given year in response to rainfall, the extent of winter flooding, 
and temperature (Bauder 1992).
    Limnanthes gracilis ssp. parishii (Parish's meadowfoam) was first 
described by Jepson (1936) as Limnanthes versicolor var. parishii. The 
description was based on specimens collected by Parish at the Stonewall 
Mine on the southern edge of the Cuyamaca Valley, San Diego County,

[[Page 5561]]

California. Mason (1952) recognized Limnanthes versicolor var. parishii 
as Limnanthes gracilis var. parishii, based on flower and fruit 
morphology. Beauchamp (1986b) elevated the plant to a subspecies to be 
consistent with other treatments of this genus and noted the geographic 
separation (over 1,200 kilometers (km) (744 miles (mi)) of the taxon 
from Limnanthes gracilis ssp. gracilis, which is found in southern 
Oregon.
    Limnanthes gracilis ssp. parishii is a member of the meadowfoam 
family (Limnanthaceae), a small family of wetland species found 
primarily along the Pacific coast of North America. The plant is a low, 
widely branching annual with stems 10 to 20 cm (4 to 8 in) long. The 
leaves are 2 to 6 cm (0.8 to 2.3 in) long and divided. The flowers are 
bowl-shaped, the petals are 8 to 10 mm (0.32 to 0.4 in) long with a 
white or occasionally a cream-colored base that becomes pink (Ornduff 
1993). The fruit is rough textured. Limnanthes gracilis ssp. parishii 
blooms from April through May, setting seed in the late spring and 
early summer. Germination requires saturated soils or inundation (Munz 
1974, Bauder 1992).
    Limnanthes gracilis ssp. parishii is restricted to moist montane 
meadows, mudflats, and along stream courses in the Palomar, Cuyamaca, 
and Laguna Mountains of San Diego County, California. An additional 
small population is known from the Santa Rosa Plateau, Riverside 
County, California. Fewer than 20 populations of this taxon exist. The 
largest population occurs in the Cuyamaca Valley in the vicinity of 
Lake Cuyamaca and Stonewall Creek where it is restricted to the shore 
of Lake Cuyamaca at maximum inundation. About one third of this 
population is on private land (including land owned by the Helix Water 
District), one third is on California State Parks and Recreation lands, 
and the remainder is on Forest Service land (E. Bauder, in litt., 
October 1994).
    Historically, the Cuyamaca Valley population of Limnanthes gracilis 
ssp. parishii occurred throughout much of the valley floor. Recently, 
the Cuyamaca Valley population of Limnanthes gracilis ssp. parishii was 
described as consisting of 100 stands by Bauder (1992), and 8 small 
populations by the California Natural Diversity Data Base (CNDDB) 
(1992). However, these smaller groupings are contiguous, separated by 
less than 1.5 km (1 mi), and concentrated within a 9 square km (4 
square mi) area. Approximately 120 ha (300 ac) of a potential 800 ha 
(2,000 ac) of the Cuyamaca Valley and Stonewall Creek area are occupied 
by Limnanthes gracilis ssp. parishii. The number of individuals and the 
location and size of stands within this area varies in any given year 
in response to rainfall, the extent of winter flooding, and temperature 
(Bauder 1992). Under favorable conditions, Limnanthes gracilis ssp. 
parishii can be a conspicuous element of the Cuyamaca Valley during the 
spring bloom (Craig Rieser, Pacific Southwest Biological Services, 
pers. comm., 1993).
    Other populations of Limnanthes gracilis ssp. parishii are 
generally smaller than the Cuyamaca Valley population, both in number 
of individuals and the extent of occupied habitat. They range in size 
from less than 2 ha (5 ac) to as much as 40 ha (100 ac), and most 
populations contain fewer than 1000 individuals. However, at least 4 of 
the 6 populations that occur on Forest Service lands contain 5,000 to 
30,000 individuals and one extends over 60 ha (150 ac). A single 
isolated population is located in vernal pools on the Santa Rosa 
Plateau of southwestern Riverside County, California. This area of 
approximately 2 ha (5 ac) is managed by The Nature Conservancy (TNC). 
An unauthorized attempt to introduce the plant to National Forest lands 
in the Laguna Mountains from seeds gathered from the Cuyamaca Valley 
population (Winter 1991, CNDDB 1992) was unsuccessful (Forest Service, 
in litt., September 1994).

Previous Federal Action

    Federal government action on the two plants considered in this rule 
began as a result of section 12 of the Act, which directed the 
Secretary of the Smithsonian Institution to prepare a report on those 
plants considered to be endangered, threatened or extinct. This report, 
designated as House Document No. 94-51 and presented to Congress on 
January 9, 1975, recommended Limnanthes gracilis var. parishii (= 
Limnanthes gracilis ssp. parishii) for endangered status. The Service 
published a notice in the July 1, 1975, Federal Register (40 FR 27823), 
of its acceptance of the report as a petition within the context of 
section 4(c)(2) (now section 4(b)(3)(A)) of the Act, and of the 
Service's intention to review the status of the plant taxa named 
therein, including Limnanthes gracilis ssp. parishii. The Service 
published a proposal in the June 16, 1976, Federal Register (42 FR 
24523) to determine approximately 1,700 vascular plants to be 
endangered species pursuant to section 4 of the Act. Limnanthes 
gracilis ssp. parishii was also included in this Federal Register 
notice.
    General comments received in response to the 1976 proposal were 
summarized in an April 26, 1978, Federal Register (43 FR 17909). 
Although the Act amendments of 1978 required all proposals over two 
years old to be withdrawn, a one-year grace period was given to those 
proposals published before the enactment of the 1978 amendments. In the 
December 10, 1979, Federal Register (44 FR 70796), the Service 
published a notice of withdrawal for that portion of the June 6, 1976, 
proposal that had not been finalized including Limnanthes gracilis ssp. 
parishii.
    The Service published an updated Notice of Review of Plants in the 
Federal Register on December 15, 1980 (45 FR 82480). This notice 
included Downingia concolor var. brevior and Limnanthes gracilis ssp. 
parishii as category 1 candidate taxa (species for which data in the 
Service's possession were sufficient to support a proposal for 
listing). On November 28, 1983, the Service published a supplement to 
the Notice of Review of Plants in the Federal Register (48 FR 53640). 
This notice was again revised on September 27, 1985 (50 FR 39526). Both 
plant taxa were included in the 1983 and 1985 supplements as category 2 
candidate taxa (species for which data in the Service's possession 
indicated listing may be appropriate, but for which additional 
biological information is needed to support a proposed rule). The plant 
Notice of Review was again revised on February 21, 1990 (55 FR 6184), 
and again on September 30, 1993 (58 FR 51144). Downingia concolor var. 
brevior was included as a category 1 candidate taxon, and Limnanthes 
gracilis ssp. parishii as a category 2 candidate taxon in both notices. 
On February 28, 1996, the Service published a Notice of Review in the 
Federal Register (61 FR 7596) that discontinued the designation of 
category 2 species as candidates, which included both species as 
candidates for listing.
    Section 4(b)(3)(B) of the Act as amended in 1982, requires the 
Secretary to make findings on pending petitions within 12 months of 
their receipt. Section 2(b)(1) of the 1982 amendments further requires 
that all petitions pending on October 13, 1982 be treated as having 
been newly submitted on that date. This was the case for Limnanthes 
gracilis ssp. parishii because the 1975 Smithsonian report had been 
accepted as a petition. On October 13, 1983, the Service found that the 
petitioned listing of this species was warranted, but precluded by 
other pending listing proposals of higher priority pursuant to section 
4(b)(3)(B)(iii) of the Act.

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Notification of this finding was published in the Federal Register on 
January 20, 1984 (49 FR 2485). Such a finding requires the petition to 
be recycled, pursuant to section 4(b)(3)(C)(I) of the Act. The finding 
was reviewed annually in October of 1984 through 1992.
    The Service made a final ``not warranted'' finding on the 1975 
petition with respect to Limnanthes gracilis ssp. parishii and 864 
other species in the December 9, 1993, Federal Register (58 FR 64828). 
One reason was cited as the basis for this finding on this species: 
data was not then available to the Service in late summer 1993 relating 
to current threats (i.e., one of the five factors described within the 
proposed rule under 50 CFR 424.11) throughout a significant portion of 
the species'' range. The species was retained in category 2 on the 
basis that it may be subject to extinction or endangerment from 
uncontrolled loss of habitat or from other man-caused changes to its 
environment (58 FR 64840). In early 1994, the Service obtained 
completed survey and other data that adequately described those factors 
that placed Limnanthes gracilis ssp. parishii at risk of extinction.
    On December 14, 1990, the Service received a petition dated 
December 5, 1990, from Mr. David Hogan of the San Diego Biodiversity 
Project, to list Downingia concolor ssp. brevior (=D. c. var. brevior) 
as an endangered species. The petitioner also requested the designation 
of critical habitat for this species. The Service evaluated the 
petitioner's requested action for Downingia concolor var. brevior and 
published a 90-day finding on August 31, 1991 (56 FR 42966) that 
substantial information existed indicating that the requested action 
may be warranted.
    A proposed rule to list Downingia concolor var. brevior as 
endangered and Limnanthes gracilis ssp. parishii as threatened was 
published in the Federal Register on August 4, 1994 (59 FR 39879). The 
Service extended the public comment period to October 31, 1994 and held 
a public hearing on October 19, 1994, in Rancho Bernardo, California 
(59 FR 49045). On April 10, 1995, Congress enacted a moratorium 
prohibiting work on listing actions (Public Law 104-6) and eliminated 
funding for the Service to conduct final listing actions. The 
moratorium was lifted on April 26, 1996, by means of a Presidential 
waiver, at which time limited funding for listing actions was made 
available through the Omnibus Budget Reconciliation Act of 1996 (Public 
Law 104-134, 100 Stat. 1321, 1996). The Service published guidance for 
restarting the listing program on May 16, 1996 (61 FR 24722).
    This withdrawal notice is in accordance with the listing priority 
guidance for fiscal year 1997 published on December 5, 1996 (61 FR 
64475). The processing of a proposed listing, including the completion 
of a withdrawal notice, is a Tier 2 action under this guidance (61 FR 
64479).

Development of a Conservation Agreement

    Immediately prior to the Service's decision to propose Downingia 
concolor var. brevior for listing as endangered and Limnanthes gracilis 
ssp. parishii for listing as threatened, the Helix Water District 
initiated an effort to address conservation measures required to 
provide adequate protection of three plant taxa, including the two 
plants in this notice. Helix Water District manages the largest 
populations of both plant taxa. During the late summer and fall of 
1994, the effort was expanded to include various local, State, and 
Federal agencies with the intent of producing a Memorandum of 
Understanding (MOU) that would provide adequate protection for these 
species throughout a significant portion of their ranges. Development 
of the MOU included guidance from local botanical experts familiar with 
these two rare plants. The resulting MOU and Conservation Agreement 
were signed by the Service on August 5, 1996. Signatories to the 
agreement include: the Helix Water District, Lake Cuyamaca Recreation 
and Park District, State Parks, California Department of Fish and Game 
(CDFG), the Service, and Forest Service. The Conservation Agreement 
addresses over 80 percent of the remaining Downingia concolor var. 
brevior population (Helix Water District, Lake Cuyamaca Recreation and 
Park District, and State Parks) and about 70 percent (as above and 
including U.S. Forest Service lands) of the Limnanthes gracilis ssp. 
parishii populations.
    Under the terms of the Conservation Agreement, the Helix Water 
District and Lake Cuyamaca Recreation District have agreed to monitor 
and manage inundation of Downingia and Limnanthes habitat, control 
recreational access, and exclude livestock grazing of this habitat by 
maintaining fences. Helix Water District also will not transfer water 
from Lake Cuyamaca into the habitat for these species without prior 
consultation with CDFG and the Service.
    Helix Water District and the Lake Cuyamaca Recreation District have 
identified sensitive areas for Downingia concolor var. brevior and 
Limnanthes gracilis ssp. parishii. These areas include the majority of 
the largest stands of these taxa within the eastern basin of the 
Cuyamaca Valley above the dike. No activities that impact these species 
are allowed within these sensitive areas. To the extent practicable, 
the Helix Water District, Lake Cuyamaca Recreation and Park District, 
State Parks and the Forest Service will relocate trails away from 
Limnanthes and Downingia habitat. Land management signatories also have 
agreed to allow monitoring of the status of these two taxa.
    The Helix Water District, Lake Cuyamaca Recreational and Park 
District, and State Parks also will exclude livestock grazing and avoid 
activities that could result in erosion on Limnanthes and Downingia 
habitat. The Forest Service, conforming with a 1991 Habitat Management 
Plan for Limnanthes gracilis ssp. parishii, will continue to monitor 
and manage grazing activities to reduce impacts to the species. 
Additionally, under the Conservation Agreement, Helix Water District, 
Lake Cuyamaca Recreational and Park District, and State Parks agree to 
fully comply with California Environmental Quality Act (CEQA) 
requirements, section 404 of the Federal Clean Water Act, and section 
1603 of the CDFG Code regarding projects that may affect these species. 
These parties also agree to consult with CDFG and the Service for 
activities that are beyond the normal activities of these agencies as 
defined in the Conservation Agreement. The Conservation Agreement will 
remain in effect until after August 1999. At the end of this period, 
the Conservation Agreement must be reviewed and either modified, 
renewed, or terminated. If the Conservation Agreement is terminated, 
the status of Downingia concolor var. brevior and Limnanthes gracilis 
var. parishii will be reassessed by the Service. If the Service 
determines at any time, that additional Federal protection is 
warranted, the Service will take appropriate listing action under the 
Act.
    The Service believes that the Conservation Agreement ensures the 
implementation of conservation measures that reduce the threats to 
Downingia concolor var. brevior and Limnanthes gracilis ssp. parishii 
to the point that listing is not warranted. The Service therefore 
withdraws the proposal to list Downingia concolor var. brevior as 
endangered, and Limnanthes gracilis ssp. parishii as threatened.

Public Comments on the Proposed Rule

    In the August 4, 1994, proposed rule (59 FR 39879), the Federal 
Register

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notification of a public hearing (59 FR 49045), and during two comment 
periods (August 4 to September 19, 1994, and September 26 to October 
31, 1994), all interested parties were requested to submit factual 
reports or information to be considered in making a final listing 
determination. Appropriate Federal and State agencies, local 
governments, scientific organizations, and other interested parties 
were contacted and asked to comment. Legal notices of the availability 
of the proposed rule were published in the Riverside Press Enterprise 
and San Diego Union Tribune on August 13, 1994. A legal notice of the 
public hearing which invited general public comment was published in 
the Union Tribune on September 29, 1994.
    The Service received 23 written and oral comments. Of the 23 
comments, 10 supported the proposed action, 9 opposed it, and 4 stated 
neither support nor opposition. The Service held a public hearing on 
October 19, 1994, at the Radisson Hotel in Rancho Bernardo, California. 
The hearing was conducted to allow comments on two additional proposed 
rules, which addressed the San Diego fairy shrimp (Branchinecta 
sandiegonensis), the Laguna Mountain skipper (Pyrgus ruralis lagunae) 
and the quino checkerspot (Euphydryas editha quino). A total of 24 
individuals provided oral testimony. Fifteen of those individuals 
provided testimony regarding the proposed rule to list Downingia 
concolor var. brevior and Limnanthes gracilis ssp. parishii
    Written and oral comments are incorporated into this withdrawal 
where appropriate. Two commenters recommended that a cooperative effort 
be made by all affected agencies to protect the species. About half the 
comments were directly related to the status of these plants in the 
Cuyamaca Valley. Many of the comments supporting or neutral to the 
listing provided substantive factual information that documented risks 
to these taxa, or provided additional background data. Substantive 
comments opposing the listing generally discussed the adequacy of 
existing regulatory mechanisms then in place to protect these plants, 
or the proposed Multispecies Conservation Plan (MSCP) of coastal San 
Diego County. Both species are outside the MSCP planning area. Because 
of the development and signing of the Conservation Agreement, which 
covers a majority of the known populations of both plants, a commitment 
to the conservation of these plants has been assured, rendering most of 
the comments addressing threats to the species as moot, outdated, or 
otherwise irrelevant to this withdrawal notice. The Service carefully 
considered all comments submitted relevant to this decision to withdraw 
the proposed listing. Comments submitted are available for review at 
the Carlsbad Field Office (see ADDRESSES section).

Summary of Factors Affecting the Species

    The Service must consider five factors described in section 4(a)(1) 
of the Act when determining whether to list a species. These factors, 
and their application to the Service's decision to withdraw the 
proposal to list Downingia concolor E. Greene var. brevior McVaugh 
(Cuyamaca Lake downingia) and Limnanthes gracilis Howell ssp. parishii 
(Jepson) Beauchamp (Parish's meadowfoam), are as follows:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. Impacts that result in the loss, 
degradation, and fragmentation of vernally moist wet meadows have 
contributed to the decline of Limnanthes gracilis ssp. parishii and 
Downingia concolor var. brevior. The habitat for both plants also has 
been threatened by alterations of hydrology, recreational developments, 
off-road vehicle (ORV) use, trampling, and the introduction of exotic 
plants.
    The Conservation Agreement addresses factors described above that 
result in threatened destruction, modification, and reduction of 
habitat loss (see discussion under previous section titled 
``Development of a Conservation Agreement''). The Service considers the 
required actions by the Helix Water District, Lake Cuyamaca Recreation 
and Park District, State Parks, and the Forest Service under the 
Memorandum of Understanding within the Conservation Agreement to be 
adequate for conservation and recovery of the two plants. Actions 
required under the Conservation Agreement terminate or minimize the 
impacts to habitat from inundation, recreational activities, off-road 
vehicle access, and the indirect effects of these activities on 
Downingia concolor var. brevior and Limnanthes gracilis ssp. parishii.

Hydrological Alteration

    Historically, montane wet meadow and vernal pool habitats were much 
more abundant in the Peninsular Ranges of San Diego County (Winter 
1991). The wet meadows surrounding Lake Cuyamaca reservoir support the 
most significant populations of Limnanthes gracilis ssp. parishii and 
Downingia concolor var. brevior. Nearly the entire Cuyamaca Valley was 
originally a montane meadow-vernal pool complex, except the western 
end, which supported a small marsh (Bauder 1992, Ball 1994). Dredging 
during dam construction in 1886-1887 altered the natural topography of 
the valley, the western marsh, and the valley's vernal pools. Mima 
mounds were likely excavated since ``much of the earth used for the dam 
was taken from the meadow north of the dam and from the valley floor'' 
(Allen and Curto 1987). Later, 160 ha (400 ac) of the valley outside 
the reservoir was leased from Helix Water District and planted in 
grain.
    Further loss of wet meadow habitat can result from excessive water 
inundation at Lake Cuyamaca reservoir and within Cuyamaca Valley above 
the dike. Studies of Limnanthes gracilis ssp. parishii and Downingia 
concolor var. brevior, conducted between 1988 and 1992, have 
demonstrated that these species cannot tolerate long periods of out-of-
season inundation and are currently absent entirely from areas with 
long duration impoundment (E. Bauder, in litt., October 1994). The 
reservoir provides domestic water, flood control, and recreational 
activities such as fishing and duck hunting. These uses are 
administered through agreements between the Helix Water District, the 
City of San Diego's El Capitan Reservoir, and Lake Cuyamaca Recreation 
and Park District (Bauder 1992). Approximately 81 ha (150 ac) of 
potential meadow habitat are permanently inundated. The system of dikes 
built in 1967 allows an additional 273 ha (675 ac) to be inundated for 
extended periods of time during periods of high precipitation, a 
condition that has occurred as recently as 1993 (Hugh Marx, Lake 
Cuyamaca Recreation and Park District Manager, pers. comm., 1993). 
Limnanthes gracilis ssp. parishii is less able to recover from 
excessive inundation than Downingia concolor var. brevior, as shown by 
the lack of re-establishment in areas of previous inundation (Bauder 
1992).
    Under terms of the Conservation Agreement, the Helix Water District 
will closely monitor the status of inundation in the eastern basin 
within the Cuyamaca Valley above the dike. This area functions as 
habitat to the largest populations of Downingia concolor var. brevior 
and Limnanthes gracilis ssp. parishii and is inundated to varying 
degrees dependent on rainfall and pumping activities by Helix Water 
District. While under normal operating conditions, Helix Water District 
generally has removed most of the water from the east basin by May 15. 
However, in wet years, the basin can remain

[[Page 5564]]

flooded for longer periods. Additionally out-of-season flooding of the 
east basin has occurred. Extended inundation retards seed germination 
(Bauder 1992). Under section III.B.2.b of the MOU, Helix Water District 
has committed to remove water from the east basin by May 15 of each 
year. On April 1, Helix Water District will advise CDFG and the Service 
on the status of water transfer from the east basin. Operations that 
result in flooding of the east basin out-of-season are considered 
activities that occur beyond normal operations. Under section IV.B of 
the MOU, CDFG and the Service must be consulted prior to any non-
routine operation that may result in extended or out-of-season 
inundation of Downingia and Limnanthes habitat.
    A variety of indirect impacts are associated with the diversion of 
water entering the Lake Cuyamaca reservoir basin. Diversion can result 
in the alteration of small drainages by down cutting and streambank 
erosion, which contributes to the loss of potentially suitable habitat 
upstream of Lake Cuyamaca. Fluctuating lake levels also can increase 
channel erosion by changing the gradient and velocity of surrounding 
drainages. Erosion can further be intensified by a decrease in 
groundwater levels caused by numerous wells in the area. However, 
significant erosion resulting from fluctuating lake levels is not 
apparent at this time (Ball 1994). Roads without adequate culverts also 
divert water flow. Road maintenance and herbicidal weed abatement often 
precludes the re-establishment of seeds in areas of suitable habitat 
(Bauder 1992). In addition, the alteration of hydrology in Cuyamaca 
Valley promotes the invasion of alien species (e.g., Polygonum sp. 
(knotweed) and Potentilla norvegica (rough cinquefoil), or favors 
replacement by more disturbance tolerant native species (e.g., 
Polygonum amphibium (water smartweed), Juncus xiphoides (iris-leaved 
rush), and Ranunculus aquatilus (buttercup)) (E. Bauder, in litt., 
October 1994, L. Henrickson, in litt., October 1994). These indirect 
effects can have significant, long-term impacts on the meadow habitats 
and associated sensitive plant species.
    Erosion damage resulting from water diversion and road maintenance 
must be minimized under terms of the Conservation Agreement. According 
to section III.B.2.c.(4), the Forest Service, Helix Water District, 
Lake Cuyamaca Recreation and Park District, and State Parks must 
cooperate in minimizing siltation and erosion on their lands to the 
extent practicable. Any such operations must be coordinated with CDFG 
and the Service. Any activities that take place beyond normal 
operations that result in water diversion related erosion would first 
require consultation with CDFG and the Service per section IV.B of the 
MOU. Water diversion will continue to occur unmonitored in areas that 
are not covered by the Conservation Agreement. Impacts in these areas, 
however, will not significantly affect the overall status of these 
plant taxa because these areas comprise only a small proportion of the 
total populations.
    Applications of herbicidal weed treatments at Lake Cuyamaca are 
normal operations of the Lake Cuyamaca Recreation and Park District 
that could affect these two rare plant taxa. However, as stated in the 
Conservation Agreement, application of herbicides is being restricted 
to Cuyamaca Lake in the west basin. Any application of herbicides in 
the east basin would be considered beyond normal operations and thus 
the Lake Cuyamaca Park and Recreation district would consult CDFG and 
the Service prior to taking such action per section IV.B of the MOU.
    Implementation of the above actions reduces the indirect effects of 
habitat modification that can result in alien plant species 
competition, or replacement by more tolerant and versatile native 
species that may displace rare plant species.

Recreation

    Direct loss of both species' habitat from recreational activities 
has been substantial. In many cases, loss of habitat for both species 
has benefited from the construction of recreational facilities. Traffic 
from ORVs, horses, and hikers in the Laguna Mountains meadows 
indirectly impact Limnanthes gracilis ssp. parishii by altering the 
composition of the plant community over time. Such damage frequently 
occurs in spring when the soils are saturated and subject to compaction 
(Winter 1991). Loss and modification of Limnanthes gracilis ssp. 
parishii habitat has been documented as a result of trampling, erosion, 
and alteration of hydrology at most of the locations occupied by this 
species (Bauder 1992).
    Under terms of the Conservation Agreement, traffic from ORVs and 
other recreational activities must be minimized or eliminated. Helix 
Water District and the Lake Cuyamaca Recreation and Park District are 
required to monitor and repair fencing in a timely manner to prevent 
human trespassing within sensitive species habitat (MOU section 
III.B.2.b). No recreational activities are allowed within designated 
sensitive areas. The Forest Service and the Al-Bahr Shrine Camp (a 
manager of a private inholding) will jointly maintain fencing to 
exclude vehicle traffic from sensitive species habitat (MOU section 
III.B.6.e). Within the National Forest, as per existing Habitat 
Management Guidelines (Forest Service 1991), hikers and riders are 
restricted to existing trails. State Parks is examining activities at 
Los Caballos Horse Camp to determine how impacts to these species can 
be reduced or eliminated (MOU section III.B.2.e.(10)). While some 
recreational impacts and ORV activity will persist in areas not under 
jurisdiction of the Conservation Agreement, these areas do not contain 
large populations and these impacts will not be significant to the 
overall status of the two species.

Development

    Direct loss of both species' habitat has taken place as result of 
recreational development, trail construction, and reservoir 
development. However, significant additional development within the 
habitat of these two species is not anticipated. Within areas covered 
by the Conservation Agreement, Helix Water District and the Cuyamaca 
Lake Recreation and Park District have agreed that no activities 
detrimental to these species will occur within designated sensitive 
areas. Future development is not identified as ``normal operations'' on 
Helix Water District, State Park, or Forest Service lands. Development 
activities would be beyond normal operations and these agencies would 
consult with CDFG and the Service prior to taking actions that would 
harm these species. While these conditions would not apply on private 
lands managed by owners that are not signatories to the Conservation 
Agreement, the majority of the Limnanthes gracilis ssp. parishii 
populations are on inholdings within the National Forest and are not 
likely to be subject to significant development. Development could take 
place on private lands outside Helix Water District lands that support 
Downingia concolor var. brevior. These lands are adjacent to a major 
highway and are not National Forest inholdings. However, these 
populations represent less than 20 percent of the total known 
populations of this species. Development in these areas may also be 
restricted under regulations pertaining to water quality within the 
Cuyamaca Valley watershed.
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes. Overutilization is not known to be a threat to 
the two plant taxa under consideration in this withdrawal.

[[Page 5565]]

    C. Disease or predation. Disease is not known to be a factor 
affecting the taxa considered in this rule. Grazing by cattle was 
identified as a threat in the proposed rule. Consumption of individual 
plants by grazing animals has been known to impact the reproduction of 
these annual plants and has had other effects, such as trampling, 
erosion (see Factor A) and the introduction of non-native species (see 
Factor E). The extent of grazing impacts has been declining over time. 
Grazing was discontinued on Helix Water District-owned lands at Lake 
Cuyamaca in 1988 when water quality issues were raised and Downingia 
concolor var. brevior was believed to be extinct as a result of grazing 
(David Hogan, San Diego Biodiversity Project, in litt., 1990; Larry 
Hendrickson, Friends of Cuyamaca Valley, in litt., 1994). The plant re-
established itself in the following season (Bauder 1992). Livestock 
grazing was terminated in Rancho Cuyamaca State Park in 1956, with the 
exception of a 16 ha (40 ac) inholding that was grazed until 1980 when 
it was acquired by the State Park. Following the adaption of a 1991 
Habitat Management Guide for montane meadows and riparian areas, the 
Forest Service implemented a late season grazing regime (after 
meadowfoam plants have set seed); during the 4 subsequent years of 
monitoring no significant effects of grazing on Limnanthes. gracilis 
ssp. parishii have been detected (Forest Service, in litt., September 
1994). The Conservation Agreement specifically addresses grazing 
impacts and assures that grazing practices will not take place on Helix 
Water District lands or California Parks and Recreation Lands. On 
Forest Service lands, the management plan limits the number of animals 
grazing and controls the timing and duration of grazing so as to 
minimize impacts on Limnanthes gracilis ssp. parishii. The management 
plan also requires monitoring of the population status of the plant.
    D. The inadequacy of existing regulatory mechanisms. The Service 
evaluated existing Federal, State, and local regulatory mechanisms 
prior to preparing the proposed rule for listing the two plant taxa. 
The Service found evidence of inadequacy of the existing regulatory 
mechanisms at that time. These regulatory mechanisms included: (1) 
Listing under the California Endangered Species Act (CESA); (2) the 
California Environmental Quality Act (CEQA) and National Environmental 
Policy Act (NEPA); (3) conservation provisions under the section 404 of 
the Federal Clean Water Act and Section 1603 of the California Fish and 
Game Code, (4) occurrence with other species protected by the Act; (5) 
land acquisition and management by Federal, State, or local agencies, 
or by private groups and organizations, and (6) local laws and 
regulations. The Service believes that actions prescribed and 
implemented in the Conservation Agreement are sufficient to assure that 
adequate regulatory mechanisms protect these two plant taxa.
    The California Fish and Game Commission has listed Downingia 
concolor var. brevior and Limnanthes gracilis var. parishii as 
endangered under the Native Plant Protection Act (NPPA) (Div. 2, 
chapter 10, section 1900 et seq. of the CDFG Code) and the CESA. 
Projects that have impacted these species have occurred, however, 
without coordination with the State, or without the State's knowledge. 
While some decline is anticipated to continue, the majority of 
populations of both species receive the benefits of the Conservation 
Agreement, which already has resulted in increased coordination with 
the State and recognition by land managers.
    The CEQA (Public Resources Code, section 21000 et seq.) requires 
full disclosure of the potential environmental impacts of proposed 
projects. The public agency with the primary authority or jurisdiction 
over the project is designated as the lead agency and is responsible 
for conducting a review of the project and for consulting with the 
other agencies concerned with the resources affected by the project. 
Section 15065 of the CEQA Guidelines requires a finding of significance 
if a project has the potential to ``reduce the number or restrict the 
range of a rare or endangered plant or animal.'' However, even if 
significant effects are identified, the lead agency has the option to 
require mitigation through changes to the project or to decide that 
``overriding social and economic considerations'' make mitigation not 
feasible (California Public Resources Code, Guidelines, section 15093). 
In the latter case, projects may be approved that cause significant 
environmental damage, such as destruction of an endangered plant 
species. Protection of listed plant species under CEQA is therefore 
dependent upon the discretion of the lead agency.
    Cuyamaca Recreation and Park District is the lead agency that is 
empowered to uphold and enforce CEQA regulations at Cuyamaca Lake. 
State Parks is the lead agency that is empowered to uphold and enforce 
CEQA regulations at Rancho Cuyamaca State Park. While these agencies 
have not consistently complied with CEQA requirements for projects that 
have affected Downingia and Limnanthes, under terms of the Conservation 
Agreement these agencies have agreed to use the State clearinghouse for 
full agency circulation and public review of all new projects requiring 
CEQA compliance that affect the sensitive habitats surrounding Lake 
Cuyamaca (MOU section III.B.2.c.(7)). Although protection of the 
species remains at the discretion of the lead agency, this agency is a 
signatory to the Conservation Agreement and is thereby obligated to 
protect the species. In addition, the use of the State clearinghouse 
will facilitate agency and public review, and comment on any proposed 
actions which might impact the species.
    While CEQA pertains to projects on non-Federal land, the National 
Environmental Policy Act (NEPA) (42 U.S.C. 4321 to 4347) requires 
disclosure of the environmental effects of projects within Federal 
jurisdiction. Species that are listed by the State, but not proposed or 
listed as threatened or endangered by the Federal government, are not 
protected when a proposed Federal action meets the criterion for a 
``categorical exclusion.'' NEPA requires that each of the project 
alternatives recommend ways to ``protect, restore and enhance the 
environment'' and ``avoid and minimize any possible adverse effects'' 
when implementation poses significant adverse impacts. However, it does 
not require that the lead agency select an alternative with the least 
significant impacts to the environment (40 CFR 1500 et seq.). Federal 
actions that may affect Federal threatened or endangered species 
require consultation with the Fish and Wildlife Service under section 7 
of the Endangered Species Act and must avoid jeopardizing the continued 
existence of a listed plant species.
    The Cuyamaca Recreation and Park District also is subject to NEPA 
for recreational improvements that are funded through the Federal Land 
and Water Grant, a program that is administered by the National Park 
Service through the California Department of Parks and Recreation. Such 
projects would require NEPA review.
    Land-use planning decisions at the local level are made on the 
basis of environmental review documents prepared in accordance with 
CEQA or NEPA that often do not adequately address ``cumulative'' 
impacts to non-listed species and their habitat. State listed species 
receive no special

[[Page 5566]]

consideration under NEPA. However, under the terms of the Conservation 
Agreement, both plant taxa receive special consideration that offers 
additional protective benefits that are not normally applied to non-
listed species. For example, as specified in section IV of the MOU, for 
actions on lands managed by the signatory agencies that are beyond the 
normal operations as defined under section I of the MOU, agencies must 
consult with CDFG and the Service. This provides the opportunity for 
CDFG and the Service to recommend modifications or alternative actions 
to avoid or minimize potential impacts to the species for actions 
beyond normal operations. It also provides an early warning for any 
inadequacies in the MOU which need to be addressed in future 
conservation agreements.
    The Service has considered the adequacy of NEPA and CEQA in regards 
to protecting these species. While inadequacies will continue to exist, 
the Service has determined that the implementation of the Conservation 
Agreement significantly reduces the risk of extinction for both plant 
species. While the Conservation Agreement does not apply to all 
populations, those populations that are not covered represent less than 
30 percent of either species and many of these populations are on 
private inholdings within the National Forest where major projects are 
not likely to occur.
    Section 1603 of the California Fish and Game Code authorizes the 
CDFG to regulate streambed alteration. The CDFG must be notified and 
approve any work that diverts, alters, or obstructs the natural flow or 
changes the bed, channel, or banks of any river, stream, or lake. The 
CDFG does not consider the creation of wetlands for duck habitat to be 
regulated under section 1603. Thus a streambed alteration permit was 
not required for flooding the streambed above Cuyamaca Lake reservoir 
for that purpose. Because the dam has been used continuously since its 
construction in 1886, and the dike has been in place since 1967, 
justification for their use has been grand fathered into law.
    Similar activities are regulated by the Army Corps of Engineers 
under section 404 of the Clean Water Act. Under section 404 there are 
no specific provisions that adequately address species that are not 
listed under the Act. While neither Downingia concolor var. brevior or 
Limnanthes gracilis ssp. parishii are listed under the Act, the 
protections under the Conservation Agreement adequately offset these 
inadequacies. Section III.B.2.c.(8) of the MOU requires signatories to 
comply with the full extent of both the Clean Water Act and the Act. 
Inundation status is being monitored and signatory agencies must 
consult with CDFG and the Service on actions that are beyond normal 
operations which could alter drainages. Signatory agencies must also 
coordinate with the Service and CDFG on the use of herbicide 
application in sensitive wetlands, which is not regulated under section 
404. Helix Water District and Lake Cuyamaca Recreation and Park 
District have also agreed to avoid all activities within sensitive 
areas that could alter hydrology.
    Additional alterations requiring a 1603 permit or a 404 permit 
could occur on many drainages that support Limnanthes gracilis ssp. 
parishii and Downingia concolor var. brevior. Most of these are under 
management of the signatories of the Conservation Agreement. However 
the Service has determined that any impacts from such additional 
alterations would occur to only a small proportion of the populations 
of the species and therefore would not significantly put at risk the 
survival of either species.
    No federally listed species inhabit vernally wet meadows in the 
Peninsular Ranges of southern California. Therefore these two species 
receive no Federal regulatory protection from sympatry with listed 
species. Limnanthes gracilis ssp. parishii is recognized as a 
``sensitive species'' (Winter 1991). The Cleveland National Forest has 
policies to protect sensitive plant taxa under its jurisdiction. The 
policies include attempting to establish such species in unoccupied but 
suitable or historic habitat, encouraging land ownership adjustments to 
acquire and protect sensitive plant habitat, conserving meadow water 
tables, and protecting meadow habitats (Winter 1991). Alone, these 
policies have not been entirely effective but, combined with the 
benefits afforded by the Conservation Agreement, the Service considers 
the policies adequate for species protection on Forest Service lands. 
Actions taken by the Forest Service include placing interpretive signs 
and fences at the Al Shrine Camp, Prado Campgrounds, and Morris Ranch 
Meadow to reduce trampling impacts. In addition, an alternative 
location for a proposed campground at Filaree Flat is being considered 
to avoid impacts to Limnanthes gracilis ssp. parishii. A late season 
grazing regime has been enacted at several of these Meadows (Winter 
1991; D. Volgrano, Forest Service, pers. comm., 1993). The Service 
acknowledges that fencing sensitive habitat areas minimizes impacts but 
does not prevent entry by hikers or mountain bikers. In some cases, 
plants that remain unprotected within campgrounds are severely trampled 
by campers. However, these impacts are restricted to a small number of 
plants and, when considered with protections for other populations, 
will not place the plant at risk of extinction.
    State Parks has eliminated grazing from meadows containing 
Limnanthes gracilis ssp. parishii at Rancho Cuyamaca State Park. Other 
impacts to the species and their habitat continue to occur in this 
area, including trampling by horses, unauthorized trails, vehicle 
parking, ORV use, diversion of water flow, erosion, channelization, and 
water impoundment. Such impacts have been addressed in the Conservation 
Agreement which is currently being implemented. The Service concludes 
that, as a result of the implementation of this agreement, the risks to 
both plant species have diminished to the point that these impacts no 
longer contribute significantly to the decline of these species. For 
example, under section III.B.2.c.(4) of the MOU, State Parks must 
cooperate with CDFG and the Service in minimizing siltation and erosion 
on their land to the extent practicable. Under section III.B.2.c.(10) 
of the MOU, State Parks must review activities at Los Caballos Horse 
Camp to determine how impacts to these plants can be reduced or 
eliminated.
    The Santa Rosa Plateau Preserve is managed by The Nature 
Conservancy for long-term protection of sensitive species. A single, 
small population of Limnanthes gracilis ssp. parishii is located within 
the preserve.
    While the existing regulatory mechanisms alone may not be entirely 
adequate for protection of these species, the Service has determined 
that the combination of these regulations and the actions being 
implemented in the Conservation Agreement signed in 1996 is adequate to 
eliminate the risk of extinction for these species.
    E. Other natural or manmade factors affecting its continued 
existence. The genetic variability of populations of Downingia concolor 
var. brevior may be depressed by virtue of its restricted distribution. 
The likelihood of finding a normal distribution of genetic variability 
is reduced in small populations (Jensen 1987). Reduced genetic 
variability may lower the ability of these populations to survive. The 
potential for local extirpation due to genetic complications in small 
population size can be increased by environmental conditions such as 
drought and flooding (Gilpin and Soule'' 1986). In the case of 
Downingia

[[Page 5567]]

concolor var. brevior, the species is restricted to a single valley. 
However, there is no evidence that genetic problems exist in the 
species.
    Due to their accessibility, populations of these two taxa are 
particularly vulnerable to trampling. As discussed under factor A 
above, trampling from cattle occurs in meadows occupied by Limnanthes 
gracilis ssp. parishii and Downingia concolor var. brevior in the 
National Forest and private land holdings. As discussed under factor D 
in the proposed rule (59 FR 39882-39884), several measures were 
initiated during the past decade to protect the vernally wet meadow 
ecosystem and associated sensitive plant species at Cuyamaca State Park 
and the Cleveland National Forest. The Conservation Agreement 
reenforces these measures and the Service believes that the threat from 
trampling by hikers and horses has been significantly reduced. 
Trampling is specifically addressed under section III.B. of the MOU, as 
described under Sensitive Habitat Areas (Appendix A), which excludes 
activities that might result in trampling from specified areas; section 
III.B.2.b. of the MOU obligates Helix Water District through monitoring 
and fence repair to prevent human trespassing and grazing on its lands; 
and section III.B.2.c. of the MOU, which excludes cattle from sensitive 
habitat in the growing season, establishes cattle exclosures, fencing 
in the vicinity of camp sites, and requires monitoring of sensitive 
areas.
    Introduced species of grasses and forbs have invaded many of 
Californian plant communities. Such weedy species can displace the 
native flora by out-competing them for nutrients, water, light, and 
space. Weedy plant invasions are facilitated by disturbances such as 
grazing, urban and residential developments, and various recreational 
activities. Introduced weeds have become established in many portions 
of the Laguna Mountains and thereby reduce the amount of suitable 
habitat for native plant species (Sproul 1979). For example, the 
invasion of exotic species including Polygonum sp. (knotweed), Lolium 
perenne (ryegrass), and Poa pratensis (Kentucky bluegrass), and 
Potentilla norvegica (rough cinquefoil) has altered the composition of 
habitats supporting the two plant taxa (Sproul 1979; E. Bauder, in 
litt., October 1994, L. Henrickson, in litt., October 1994). Although 
actions required by the Conservation Agreement that reduce impacts from 
grazing, trampling, and minimizes alteration will not eliminate all 
threats from aggressive plant species competition, it will make 
conditions less favorable to these aggressive species.
    Grazing by livestock typically changes the composition of native 
plant communities by reducing or eliminating species that cannot 
withstand trampling and predation (see Factors A and C), and enabling 
more resistant (usually exotic) species to increase in abundance. Seed 
from non-sterile hay and animal feces increases the likelihood of 
invasion of exotic species and prevents re-establishment of native 
plants. Exotic species may flourish with grazing and may reduce or 
eliminate native plant species through competition for resources. 
Grazing is considered to be a threat to all populations of Limnanthes 
gracilis ssp. parishii within the Cleveland National Forest, primarily 
as a result of trampling and the invasion of non-native species into 
sensitive plant habitats (Winter 1991).
    In response to these threats, however, the Conservation Agreement 
(see ``Development of a Conservation Agreement'') mandates that grazing 
be strictly excluded from Helix Water District and State Parks land. In 
addition, grazing is managed and monitored on Forest Service lands to 
minimize impacts to the two plant taxa. The Service believes that these 
conditions of the Conservation Agreement have significantly reduced the 
threats from grazing and will permit the development of management 
techniques deemed necessary for the conservation of the species.

Finding and Withdrawal

    Downingia concolor var. brevior and Limnanthes gracilis ssp. 
parishii are restricted to the Peninsular Ranges of southwestern 
California from the Santa Ana Mountains of extreme southwestern 
Riverside County, south to the Laguna Mountains of southern San Diego 
County, California. They occur in grassy meadows or drainages that are 
vernally wet (wet during the rainy season) with saturated soil 
conditions and shallow pools for several weeks at a time. Downingia 
concolor var. brevior is restricted to the Cuyamaca Valley in the 
Cuyamaca Mountains of central San Diego County, California. This 
locality also supports the largest concentration of Limnanthes gracilis 
ssp. parishii, which is more widely distributed.
    The proposed rule identified alteration of wetland hydrology, 
cattle grazing, recreational activities, recreational development, 
inadequate regulatory mechanisms, and off-road vehicle activities as 
the primary threats to these two plant taxa. A Conservation Agreement 
initiated by Helix Water District in 1994 and finalized in August 1996, 
which includes the Helix Water District, Lake Cuyamaca Recreation and 
Park District, State Parks, the Forest Service, CDFG, and the Service 
as signatories, addresses these primary threats and significantly 
reduces the likelihood of extinction or endangerment for both species 
such that the species are not endangered or threatened, as those terms 
are defined in the Act.
    After a thorough review and consideration of all information 
available, including the development and implementation of the 
Conservation Agreement, the Service has determined that listing of 
Downingia concolor var. brevior as endangered, and Limnanthes gracilis 
ssp. parishii as threatened is no longer warranted. The Service has 
carefully assessed the best scientific and commercial information 
available in the development of this withdrawal notice.

References Cited

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

Author

    The primary author of this withdrawal notice is Fred Roberts, 
Carlsbad Field Office (see ADDRESSES section).

Authority

    The authority for this action is section 4(b)(6)(B)(ii) of the 
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: January 30, 1997.
John G. Rogers,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 97-2876 Filed 2-3-97; 8:45 am]
BILLING CODE 4310-55-P