5560 Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Proposed Rules

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.

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 offroad 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,
Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Proposed Rules 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 bowlshaped, 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.
5562 Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Proposed Rules

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
Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Proposed Rules 5563

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
5564 Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Proposed Rules

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 outof-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 reestablishment 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.
Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Proposed Rules 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 nonnative 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 reestablished 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 nonlisted species and their habitat. State

listed species receive no special
5566 Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Proposed Rules

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
Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Proposed Rules 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 outcompeting 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]

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