Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Proposed Rules 67335

flood control structures, roads, and

recreational facilities such as

campgrounds and off-highway vehicle

parks, have caused many arroyo toad

populations to be reduced in size or

extirpated (eliminated). Threats to the

species survival include loss of habitat,

coupled with habitat modifications due

to the manipulation of water levels in

many central and southern California

streams and rivers, as well as predation

from introduced aquatic species, and

habitat degradation from introduced

plant species. Such threats have caused

arroyo toads to be extirpated from about

75 percent of the previously occupied

habitat in California. Pursuant to the

Endangered Species Act of 1973, as

amended (Act), the species was

federally listed as endangered on

December 16, 1994, due to habitat

degradation, small population sizes, and

predation (59 FR 64859). On June 8,

2000, we published in the Federal

Register (65 FR 36512) a determination

proposing critical habitat for the arroyo

southwestern toad. Approximately

193,600 hectares (478,400 acres) fall

within the boundaries of the proposed

critical habitat designation. Proposed

critical habitat is located in Los Angeles,

Monterey, Orange, Riverside, Santa

Barbara, San Bernardino, and San Diego,

San Luis Obispo, and Ventura counties,

California, as described in the proposed

determination.

Section 4(b)(2) of the Act requires that

the Secretary shall designate or revise

critical habitat based upon the best

scientific and commercial data available

and after taking into consideration the

economic impact of specifying any

particular area as critical habitat. Based

upon the previously published proposal

to designate critical habitat for the

arroyo southwestern toad and comments

received during the previous comment

period, we have prepared a draft

economic analysis of the proposed

critical habitat designation. The draft

economic analysis is available at the

above Internet and mailing address. We

have reopened the comment period at

this time in order to accept the best and

most current scientific and commercial

data available regarding the proposed

critical habitat and the draft economic

analysis. We will accept written

comments during this reopened

comment period. Previously submitted

oral or written comments on this critical

habitat proposal need not be

resubmitted. The current comment

period on this proposal closes on

December 11, 2000. Written comments

may be submitted to the Ventura Fish

and Wildlife Office in the ADDRESSES

section.

Author

The primary author of this notice is

John Nuss, U.S. Fish and Wildlife

Service, Regional Office, 911 N.E. 11th

Avenue, Portland, Oregon 97232–4181

(see ADDRESSES section).

Authority: The authority for this action is

the Endangered Species Act of 1973 (16

U.S.C. 1531 et seq.).

Dated: November 2, 2000.

Donald W. Steffeck,

Acting Manager, California/Nevada

Operations Office.

[FR Doc. 00–28699 Filed 11–8–00; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AH70

Endangered and Threatened Wildlife

and Plants; Proposed Endangered

Status for Polygonum hickmanii

(Scotts Valley polygonum)

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: We, the U.S. Fish and

Wildlife Service (Service), propose

endangered status pursuant to the

Endangered Species Act (Act) of 1973,

as amended, for Polygonum hickmanii

(Scotts Valley polygonum). Polygonum

hickmanii is restricted to two sites in

northern Scotts Valley, Santa Cruz

County, California. The plant is

threatened by alteration of habitat due

to urban development and associated

disturbances, displacement by

nonnative grasses, and the increased

chance of extinction due to the small

numbers of individuals and limited

amount of habitat occupied by this

species. The effects of these threats are

exacerbated by the inadequate design of

preserves meant to protect the species.

This proposed rule, if made final, would

extend the Act’s protection to this plant.

DATES: All comments, including written

and email from all interested parties

must be received by January 8, 2001.

Public hearing requests must be

received by December 26, 2000.

ADDRESSES: If you wish to comment,

you may submit your comments and

materials concerning this proposal by

any one of several methods:

1. You may submit written comments

to the Field Supervisor, Ventura Fish

and Wildlife Office, U.S. Fish and

Wildlife Service, 2493 Portola Road,

Suite B, Ventura, California 93003.

2. You may send comments by e-mail

to svpolygonum@r1.fws.gov. See the

Public Comments Solicited section

below for file format and other

information about electronic filing.

3. You may hand-deliver comments to

our Ventura Fish and Wildlife office at

2493 Portola Road, Suite B, Ventura,

California.

Comments and materials received, as

well as supporting documentation used

in the preparation of this proposed rule,

will be available for public inspection,

by appointment, during normal business

hours at the above address.

FOR FURTHER INFORMATION CONTACT: Carl

Benz, Assistant Field Supervisor,

Listing and Recovery, Ventura Fish and

Wildlife Office at the above address or

telephone number 805/644–1766 or

facsimile 805/644–3958.

SUPPLEMENTARY INFORMATION:

Background

Polygonum hickmanii (Scotts Valley

polygonum) is a recently described

endemic species from Scotts Valley,

Santa Cruz County, California (Hinds

and Morgan 1995). The species was

named after James C. Hickman, editor of

the Jepson Manual (1993) and author of

the chapter on the genus Polygonum in

the same reference. He concurred with

Morgan’s assessment that the taxon was

distinct (J.C. Hickman, in litt. 1991), but

died before coauthoring the publication

of a name. Randy Morgan made the type

collection in 1993 from a ‘‘grassland N

of Navarra Drive, W of Carbonero

Creek’’ (Hinds and Morgan 1995). The

plant is a small, erect, taprooted annual

in the buckwheat family (Polygonaceae).

It grows from 2 to 5 centimeters (cm) (1

to 2 inches (in.)) tall, and can be either

single stemmed or profusely branching

near the base in more mature plants.

The linear-shaped leaves are 0.5 to 3.5

cm (0.2 to 1.4 in.) long and 1 to 1.5 cm

(0.4 to 0.6 in.) wide and tipped with a

sharp point. The single white flowers

consist of two outer tepals (petal-like

structure) and three inner tepals and are

found in the axils of the bracteal leaves

(modified leaves near the flower). The

plant flowers from late May to August.

Seed production ranges from a few

dozen seeds in a typical individual to as

many as two hundred in a particularly

robust individual (Randy Morgan,

biological consultant, pers. comm.

1998). The nearest known location of a

closely related species, P. parryi, is at

Mount Hamilton, about 48 kilometers

(km) (30 miles (mi)) inland. Polygonum

hickmanii differs from P. parryi in its

larger white flowers, longer leaves,

larger anthers and achenes, and longer,

straight stem sheath (Hinds and Morgan

67336 Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Proposed Rules

1995). According to Harold Hinds,

author for the genus Polygonum in an

upcoming volume of the Flora of North

America (Flora of North America

Editorial Committee, in prep.), the

distinctness of P. hickmanii as a species

will continue to be recognized in that

volume (Harold Hinds, University of

New Brunswick, pers. comm. 1998).

The available information suggests

that Polygonum hickmanii has always

been limited in distribution to the

northern Scotts Valley area in Santa

Cruz County, California. Two bodies of

evidence support this theory. First, none

of the herbarium collections of other

Polygonum species that were checked in

preparation of the publication of the

name for P. hickmanii matched those

collected from Scotts Valley. Herbaria

that were searched included the Dudley

Herbarium at Stanford University, the

Jepson and University of California (UC)

herbaria located at UC Berkeley, and the

herbarium at the Missouri Botanic

Garden (H. Hinds, in litt. 1998; R.

Morgan, pers. comm. 1998). Secondly,

predictive searches of other potentially

suitable habitat in Santa Cruz County

(based on soil type, local climate, and

associated species) have failed to locate

any additional colonies of P. hickmanii

(R. Morgan, pers. comm. 1998).

Polygonum hickmanii is known from

two sites about 0.6 km (1 mi) apart at

the northern end of Scotts Valley. The

plant is found on gently sloping to

nearly level fine-textured shallow soils

over outcrops of Santa Cruz mudstone

and Purisima sandstone (Hinds and

Morgan 1995). It occurs with the

endangered Chorizanthe robusta var.

hartwegii (Scotts Valley spineflower) (59

FR 5499) and other small annual herbs

in patches within a more extensive

annual grassland habitat. These small

patches have been referred to as

‘‘wildflower fields’’ because they

support a large number of native herbs,

in contrast to the adjacent annual

grasslands that support a greater number

of nonnative grasses and herbs. While

the wildflower fields are underlain by

shallow, well-draining soils, the

surrounding annual grasslands are

underlain by deeper soils with a greater

water-holding capacity, and therefore

more easily support the growth of

nonnative grasses and herbs. The

surface soil texture in the wildflower

fields tends to be consolidated and

crusty rather than loose and sandy

(Biotic Resources Group (BRG) 1998).

Elevation of the sites is from 215 to 246

meters (m) (700 to 800 feet (ft)) (Hinds

and Morgan 1995). The climate in the

city of Santa Cruz, 13 km (8 mi) to the

south, is characterized by an average of

77 cm (30 in.) of rain per year, and an

average temperature of 14 degrees

Celsius (57 degrees Fahrenheit), while

the city of Los Gatos, 16 km (10 mi) to

the north, averages 120 cm (51 in.) of

rain per year, with an average

temperature of 15 degrees Celsius (58

degrees Fahrenheit) (Worldclimate

1998).

Polygonum hickmanii is associated

with a number of native herbs including

Chorizanthe robusta var. hartwegii,

Lasthenia californica (goldfields),

Minuartia douglasii (sandwort),

Minuartia californica (California

sandwort), Gilia clivorum (gilia),

Castilleja densiflora (owl’s clover),

Lupinus nanus (sky lupine), Brodiaea

terrestris (brodiaea), Stylocline

amphibola (Mount Diablo cottonweed),

Trifolium grayii (Gray’s clover), and

Hemizonia corymbosa (coast tarplant).

Nonnative species present include

Filago gallica (filago) and Vulpia

myuros (rattail) (California Natural

Diversity Data Base (CNDDB) 1998; R.

Morgan, pers. comm. 1998). In many

cases, the habitat also supports a crust

of mosses and lichens (BRG 1998).

Morgan observed a sphecid wasp

(family Sphecidae) visitation to an

individual Polygonum hickmanii (R.

Morgan, pers. comm. 1998). Other

potential pollinators have not been

identified at this time, and the degree to

which P. hickmanii depends on insect

pollinators (rather than being selfpollinated) has not been determined.

For purposes of this rule, a cluster of

individuals of Polygonum hickmanii

will be referred to as a ‘‘colony.’’

Because of the close proximity of many

of the clusters to each other (less than

0.4 km (0.2 mi) apart), it is uncertain

whether these clusters are patches

within a metapopulation (population

consisting of interconnected

subpopulations), true colonies, or

separate populations. The approximate

area occupied by any one colony ranges

from the smallest at 1.5 m by 1.5 m (5

ft by 5 ft) to the largest at 15 m by 9 m

(50 ft by 30 ft). There are approximately

11 colonies of P. hickmanii in total,

which together occupy less than 0.4

hectare (ha) (1 acre (ac)).

The Polygonum hickmanii colonies

are split between two sites. The first site

is located north of Casa Way and west

of Glenwood Drive in northern Scotts

Valley. Referred to as the Glenwood site,

it contains five colonies on two parcels

of land. One of these colonies is situated

within a 3.6 ha (9 ac) preserve on a 19.4

ha (48 ac) parcel that is owned by the

Scotts Valley Unified School District

and is referred to as the ‘‘School

District’’ colony (Denise Duffy and

Associates 1998). The other four

colonies at the Glenwood site are

located approximately 0.21 km (0.13 mi)

to the west of the School District colony,

on a parcel of land owned by the

Salvation Army (CNDDB 1998). These

four colonies are referred to as the

‘‘Salvation Army’’ colonies.

The second site contains six colonies

and is referred to as the ‘‘Polo Ranch’’

site. Located just east of Highway 17

and north of Navarra Road in northern

Scotts Valley, the Polo Ranch site is

approximately 1.6 km (1 mi) east of the

Salvation Army and School District

colonies. These six colonies are situated

within 0.2 km (0.1 mi) of one another,

and all of these colonies occur on a

parcel owned by Greystone Homes

(Kathleen Lyons, BRG, in litt. 1997).

Being a short-lived annual species,

the total number of individuals can vary

from year to year. In 1998, the total

number of individuals found at the

Glenwood site was 153 on the School

District parcel and approximately 2,000

on the Salvation Army parcel (K. Lyons,

pers. comm. 1998). In 1997, the total

number of individuals on the Polo

Ranch site was approximately 2,140 (K.

Lyons in litt. 1997).

Polygonum hickmanii is threatened

with extinction by habitat alteration due

to secondary impacts of urban

development occurring within close

proximity. Urban development includes

the proposed construction and

operation of a high school; installation

and maintenance of water delivery

pipelines, access roads, and water tanks;

and currently existing and proposed

housing. Results of a field survey

conducted on the School District colony

identified that the P. hickmanii may

occur in the vicinity of the alternative

access routes to the tank sites and that

potential impacts from the construction

activities may be significant (Service, in

litt. 1998).

The kinds of habitat alterations

expected to impact Polygonum

hickmanii as a result of development

include changes in hydrologic

conditions; soil compaction; increased

disturbance by humans, pets, and

bicycle traffic; the inadvertent

application of herbicides and pesticides;

dumping of yard wastes; and the

introduction of nonnative species.

These habitat alterations are substantial

enough that they are even destabilizing

the proposed preserves and open space

areas intended to protect P. hickmanii

and making these areas inadequate for

maintaining viable populations of this

species (Service, in litt. 1998). Studies

on habitat fragmentation and preserves

established in urbanized settings have

shown that these preserves gradually

become destabilized from external

forces (i.e., changes in the hydrologic

Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Proposed Rules 67337

conditions, soil compaction, etc.),

resulting in preserves that are no longer

able to support the species they were

established to protect (Kelly and

Rotenberry 1993).

The chance of random extinction for

Polygonum hickmanii is also increased

due to the small numbers of individuals

and limited area occupied by the

species (Shaffer 1981).

Previous Federal Action

We first became aware of Polygonum

hickmanii in the course of proposing to

list Chorizanthe robusta var. hartwegii

for Federal listing in 1992. At that time,

however, a name for the taxon had not

formally been published, and so it could

not be considered for listing under the

Act. Once the name, P. hickmanii, was

published by Hinds and Morgan (1995),

we reviewed information in our existing

files, in the California Natural Diversity

Data Base, and new information on

proposed projects being submitted to us

for our review, and determined that

sufficient information existed to believe

that listing might be warranted.

Polygonum hickmanii was included in

the list of candidate species published

in the Federal Register on October 25,

1999 (64 FR 57534).

The processing of this proposed rule

conforms with our current Listing

Priority Guidance published in the

Federal Register on October 22, 1999

(64 FR 57114). The guidance clarified

the order in which we process

rulemakings. Highest priority is

processing emergency listing rules for

any species determined to face a

significant and imminent risk to its

well-being. Second priority is

processing final determinations on

proposed additions to the lists of

endangered and threatened wildlife and

plants. Third priority is processing new

proposals to add species to the lists

(such as this proposed rule for

Polygonum hickmanii). The processing

of administrative petition findings

(petitions filed under section 4 of the

Act) is the fourth priority.

Summary of Factors Affecting the

Species

Section 4(a)(1) of the Act (16 U.S.C.

1531 et seq.) and regulations (50 CFR

part 424) promulgated to implement the

Act set forth the procedures for adding

species to the Federal lists. A species

may be determined to be an endangered

or threatened species due to one or more

of the five factors described in section

4(a)(1). These factors and their

application to Polygonum hickmanii H.

R. Hinds and R. Morgan are as follows:

A. The present or threatened

destruction, modification, or

curtailment of its habitat or range. In

addition to the colonies of Polygonum

hickmanii at the Glenwood and Polo

Ranch sites, other colonies of P.

hickmanii may have occurred in Scotts

Valley prior to publication of the

species name in 1995. An existing

housing development bordering the

south side of the Glenwood site (Glen

View) was built in the mid-1980s, and

one development bordering the south

side of the Polo Ranch site (Navarra

Drive) was built in the 1970s. The

environmental analyses done at those

times would not have recognized P.

hickmanii as a distinct taxon.

None of the occupied habitat for

Polygonum hickmanii is targeted for

direct destruction; however, all

occupied habitat will be subject to

habitat alteration resulting from current

and proposed projects. At the Glenwood

site, construction of a high school was

initiated in June 1998. The colony of P.

hickmanii on this site is within an area

designated as a grassland preserve

intended to protect a number of

sensitive plant species, including P.

hickmanii, Minuartia californica

(California sandwort), Plagiobothrys

diffusus (San Francisco popcorn

flower), and the endangered

Chorizanthe robusta var. hartwegii. The

preserve is 2 ha (4 ac) in size, and is

adjacent to a wetland preserve of

slightly smaller size. The two preserves

combined form a 3.6 ha (9 ac) area,

linear in shape, sandwiched between

high school playing fields to the north

and the existing Glen View

development to the south. The colony of

P. hickmanii is 18 m (60 ft) away from

the edge of the preserve nearest to the

playing field. A management plan for

the grasslands preserve includes

prescriptions for boundary protection,

habitat enhancement, control of

nonnative plant species, and a 10-year

monitoring program (BRG 1998).

Although the effectiveness of this

management plan has not been

demonstrated yet, P. hickmanii will

likely still be subject to habitat

alteration due to the small size of the

preserve and its proximity to other land

uses. Problems with managing small

preserves within urban areas have been

documented previously (Jensen 1987;

Clark et al. 1998; Howald 1993; Service

1995). See Factor E for additional

discussion on the failure of preserve

design to provide for long-term

conservation.

The kinds of habitat alteration that are

anticipated to result from the high

school project include changes in

surface hydrologic conditions due to the

increased watering of the ballfield up

slope from the preserve; changes in

surface water quality due to the

application of fertilizers, herbicides and

pesticides on the ballfield and adjacent

areas up slope from the preserve; an

increase in the number of nonnative

plant species that will likely invade

from adjacent newly altered areas; and

an increase in the amount of soil

disturbance and soil compaction caused

by the increased numbers of students,

pets, and bicycles coming into the

preserve from adjacent areas. The nature

of the thin soils and the crusts of mosses

and lichens they support make them

particularly vulnerable to any form of

surface disturbance (Belknap 1990).

The Scotts Valley Water District

recently approved the construction of a

series of pipelines, maintenance roads,

and tanks to distribute recycled water in

the northern Scotts Valley area (EMC

Planning Group 1998; Scotts Valley

Water District 1998). One pipeline and

an all-weather maintenance road pass

through the southwestern corner of the

preserve, then continue to the north and

west onto a parcel owned by the

Salvation Army where a water tank

would be installed. As originally

proposed, this route was to come within

23 m (75 ft) of the colonies of

Polygonum hickmanii on the Salvation

Army parcel, and within 18 m (60 ft) of

the endangered Chorizanthe robusta

var. hartwegii (K. Lyons, pers. comm.

1998). However, when road grading was

initiated in July 1999, grading plans

were not followed closely. Moreover,

measures to minimize and mitigate

impacts to sensitive resources included

in the approved project were not

implemented. As a result, road grading

came to within 3 m (10 ft) of P.

hickmanii, and to within 6 m (20 ft) of

C. r. var. hartwegii (Vince Cheap,

California Native Plant Society, in litt.

1999).

The kinds of habitat alteration that are

anticipated to impact P. hickmanii from

the Water District’s project include

changes in surface hydrology due to the

placement of the road upslope from the

colonies; changes in surface water

quality due to the application of

herbicides, pesticides, and tackifiers

(dust reducing substances) on the road

and roadsides upslope from the

colonies; an increase in the amount of

soil siltation from the up slope

roadbank; soil compaction and

disturbance; and an increase in the

number of nonnative plant species that

will likely invade from the road.

A recent visit to the Glenwood site

confirmed that the nonnative plant

Cytisus scoparius (Scotch broom) has

invaded to within a few feet of one of

the colonies of Polygonum hickmanii in

the last few years (Carole Kelley,

67338 Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Proposed Rules

Friends of Scotts Valley, per. comm.

1998). If not controlled, this invasive

plant could quickly eliminate habitat for

the P. hickmanii. The California

Department of Food and Agriculture has

declared Cytisus scoparius and Cytisus

monspessulanus (French broom) pest

species, which in some places forms

impenetrable thickets that displace

native vegetation and lower habitat

value for wildlife (Habitat Restoration

Group, no date).

A housing development proposed for

the Polo Ranch site includes 74 housing

units clustered on 7.3 of 47.0 ha (18 of

116 ac), with the remaining 38 ha (95

acres) kept as open space (City of Scotts

Valley 1998). The development, as

currently proposed, places houses and

roadways within 18 m (60 ft) or closer

to five out of six colonies of Polygonum

hickmanii. Moreover, not only will the

development then separate the colonies

from each other, three of the six

colonies will be isolated on all sides

either by existing or proposed dwellings

and roadways.

Alterations of habitat for Polygonum

hickmanii that are likely to occur as a

result of the Polo Ranch development

are changes in surface hydrologic

conditions due to the grading of roads

and lots; soil compaction and

disturbance by humans, pets, and

bicycle traffic; inadvertent (i.e., aerial

drift) and intentional application of

herbicides, pesticides, and fertilizers on

roadsides and yards; inadvertent

introduction of nonnative species (both

weedy and ornamental), and dumping

of yard wastes. Examples of alteration of

habitat that have occurred on grasslands

north of the backyards of existing

housing along Navarra Drive (along the

south edge of the Polo Ranch property)

include gates and pathways leading

from backyards onto the grassland, ivy

creeping over fences and onto the

grassland, oaks (Quercus sp.) planted

within the grassland, and shade created

by planted backyard trees (K. Lyons,

pers. comm. 1998).

Although two of the projects (high

school and recycled water distribution

system) include plans for conservation

of Polygonum hickmanii through

development-related mitigation, and the

third project (Polo Ranch) would be

expected to do so as well, the successful

implementation of these mitigation

plans has not been demonstrated. In

particular, the size and characteristics of

preserve areas, open spaces, and

management actions prescribed through

the environmental review process (see

Factor D) are unlikely to be biologically

adequate to meet the goal of long-term

conservation of P. hickmanii and its

habitat. In addition, since P. hickmanii

colonies will be in preserves or open

spaces that are small in area, support

small numbers of individuals, whose

habitat is degraded, or that continue to

receive secondary effects of adjacent

human activities, they become more

vulnerable to extirpation from naturally

occurring events (see Factor E).

All habitat for Polygonum hickmanii

is also threatened in general by the

encroachment of nonnative grasses from

the surrounding grasslands. Although

several species of nonnative grass (e.g.,

Vulpia myuros) grow within the

wildflower fields, these patches for the

most part do not support the abundant

growth of nonnative grasses (Bromus

sp.) that occur on the adjacent, more

mesic grassland habitat. These

nonnative grasses on the mesic

grasslands do not compete with P.

hickmanii in the classic sense

(competition for light, water, nutrients).

However, the tall culms (stems) of

nonnative grasses can physically drape

over patches of wildflower field habitat,

particularly the smaller patches, and

deposit a mat of litter (thatch) that

physically prohibits the species within

the wildflower field from appearing.

Because nonnative grasses and herbs

produce more biomass than their native

counterparts, they also produce more

litter. Although decomposition rates for

nonnative species are likely no slower

than those of native species, their faster

rate of biomass production results in a

greater accumulation of litter. Other

cases of native species being overtaken

by litter accumulation produced by

nonnatives have been noted in desert

ecosystems (Jayne Belknap, Biological

Resources Division, pers. comm. 1998)

and on the California Channel Islands

(Rob Klinger, The Nature Conservancy,

pers. comm. 1998).

B. Overutilization for commercial,

recreational, scientific, or educational

purposes. Overutilization or vandalism

are not known to be threats to this

species.

C. Disease or predation. We found no

evidence that disease is a factor

affecting this species. Predation by

cattle, livestock, or other wildlife

species is not known to occur.

D. The inadequacy of existing

regulatory mechanisms. Polygonum

hickmanii currently receives no

protection under Federal law, and it is

not currently listed by the State of

California.

Chorizanthe robusta var. hartwegiana,

an endangered species, occurs within

the same wildflower field habitat as

Polygonum hickmanii. Although C. r.

var. hartwegiana is listed, it remains

vulnerable to all the same threats that

face P. hickmanii. Therefore, the

association of P. hickmanii with the C.

r. var. hartwegiana in the same

wildlflower field habitat confers little

regulatory protection on the P.

hickmanii. However, there may be some

benefit to P. hickmanii through the

California Environmental Quality Act

(CEQA) process described below.

The CEQA requires a full disclosure

of the potential environmental impacts

of proposed projects. The lead agency is

the public agency with primary

authority or jurisdiction over the

project, and is responsible for

conducting a review of the project and

consulting with other agencies

concerned with the resources affected

by the project. Section 15065 of the

CEQA Guidelines requires a finding of

significance if a project potentially

‘‘reduce(s) the number or restrict(s) the

range of a rare or endangered plant or

animal.’’ Species eligible for State

listing as threatened or endangered, but

not listed, are given the same protection

as those species officially listed by State

or Federal governments. The Rare Plant

Scientific Advisory Committee for the

California Native Plant Society has

determined that Polygonum hickmanii

meets the criteria for being included on

CNPS’ ‘‘List 1B.’’ The plants on List 1B

meet the definitions of sec. 1901,

chapter 10 of the California Department

of Fish and Game Code, and are

therefore eligible for State listing. It is

mandatory that plants on List 1B be

fully considered during preparation of

environmental documents relating to

CEQA. Once significant effects are

identified, the lead agency may require

mitigation for effects through changes in

the project or alternatively, the lead

agency may decide that overriding

considerations make mitigation

infeasible. In the latter case, projects

may be approved that cause significant

environmental damage, such as

destruction of listed species. Therefore,

the protection of listed species through

CEQA depends upon the discretion of

the lead agency involved.

CEQA approval for the construction of

the Polo Ranch development falls under

the purview of the City of Scotts Valley.

However, the Scotts Valley Unified

School District was the lead CEQA

agency for approval of the Glenwood

High School project, while the Scotts

Valley Water District acted as the lead

CEQA agency for approval of the

recycled water distribution project.

With at least three local agencies

separately approving development

proposals, a consistent, appropriate

approach to managing such small

preserves and adequately mitigating

project impacts may be very difficult to

develop and maintain.

Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Proposed Rules 67339

Inclusion of mitigation measures in a

project approved through the CEQA

process does not guarantee that such

measures are implemented. The

recycled water distribution project

approved by the Scotts Valley Water

District included measures to avoid and

mitigate impacts to sensitive resources,

including those for Polygonum

hickmanii and Chorizanthe robusta var.

hartwegii. However, grading for this

project was initiated without

implementing those measures, which

resulted in a much narrower buffer zone

left between the plant populations and

the grading activity (Carl Wilcox,

California Department of Fish and

Game, in litt. 1999).

Certain local agencies are exempt

from city and county regulations in

accordance with chapter 1, paragraphs

53094 and 53096 of the State of

California regulations on planning,

zoning, and development laws

(Governor’s Office of Planning and

Research 1996). In the case of the High

School project, the Scotts Valley Unified

School District is exempt from local

permitting requirements; therefore, no

permits or approvals were required from

the City of Scotts Valley. In the case of

the recycled water distribution project,

the Scotts Valley Water District is

similarly exempted; therefore, no

permits or approvals are required from

either the City of Scotts Valley or the

County of Santa Cruz. In July 1999, the

Water District proceeded with road and

tank pad grading for this project. This

activity was initiated without fulfilling

mitigation measures that called for

sensitive areas to be flagged and fenced

ahead of time, and resulted in grading

that went beyond the scope of work for

the project. Although the County of

Santa Cruz notified the Water District

that the additional grading was not

exempted from applicable regulations,

the only consequence is that the county

has requested that the damaged areas

are satisfactorily restored (Alvin James,

County of Santa Cruz, in litt. 1999).

The establishment and

implementation of a management plan

for the preserve at the High School site

does not provide for enforcement

authority to maintain the physical

integrity of the preserve. Few regulatory

mechanisms are available to assist in

protection of the high school preserve.

State law addressing trespass is found at

California Penal Code Section 554 and

555 (California State Legislature 2000).

To date, however, these regulations

have not been enforced in cases of

trespass at the preserve (Carole Kelley,

Friends of Scotts Valley, pers. comm.

1999).

E. Other natural or manmade factors

affecting its continued existence. The

design of preserves and open spaces

related to project mitigation is

insufficient to provide for the long-term

conservation of Polygonum hickmanii

and other sensitive species that occur in

the wildflower fields in Scotts Valley.

Additionally, the threat of random

extinction is increased in small

populations of limited distribution.

Inadequate preserve design. The need

for adequate preserve design has been

discussed by many biologists (Jensen

1987; Shafer 1995; Rathcke and Jules

1993; Kelly and Rotenberry 1993). To

increase the certainty that a species will

persist over a given interval of time,

adequate habitat needs to be protected

and land uses adjacent to the preserve

need to be compatible with maintaining

the integrity of the preserve. Habitat is

not restricted solely to the area actually

occupied by the species. It must include

an area that is large enough to maintain

the ecological functions upon which the

species depends, and have a ratio of

edge to total area that minimizes

fragmentation and edge effects.

Failure to protect sufficient habitat

results in the eventual decline of the

target species. Small preserves adjacent

to urban areas have additional stress

placed on them due to the need to

manage a host of human-caused

impacts. The increased stress urban

wildland areas receive has been

documented by many authors (Keeley

1983). Although little work has focused

on the effects of habitat alteration and

fragmentation on native grassland

habitat in California, the effects would

likely be similar to those documented

for other native California habitats.

Clark et al. (1998) discussed

management problems encountered by

small vernal pool preserves surrounded

by an urban park and residential

development in the Sacramento area,

and they identified the following threats

to the habitat—off-road motorized

vehicle, foot, horse, and bicycle traffic;

plant and animal collection; herbicides;

changes in hydrology; garbage; invasive

exotic plants; feral and domestic

animals; vegetation management for fire

control; and vandalism.

We previously listed serpentineendemic species in the San Francisco

Bay area, in part, due to the impacts

these taxa were subjected to in urban

wildland areas (Service 1995; 60 FR

6671). For example, Cordylanthus

tenuis ssp. capillaris (Pennell’s bird’sbeak) is threatened with mowing and

spraying along roadsides, illegal

dumping of household trash, and

disturbance that facilitates the invasion

of nonnative species (60 FR 6671).

Calochortus tiburonensis (Tiburon

mariposa lily) is threatened by bicycle,

motorbike, and pedestrian traffic even

though it occurs within a fenced

preserve area; and Cirsium fontinale var.

fontinale (Fountain thistle) is threatened

by dumping of garden debris from

households on a ridge above the plants

(60 FR 6671). In the case of Polygonum

hickmanii at the School District

Preserve, the site has remained

unfenced and unsigned, and has been

subject to bicycle traffic, heavy

equipment traffic, and served as a

repository for yard waste (C. Kelley, in

litt. 1999). In addition, a management

plan for the preserve has not yet been

completed.

Pentachaeta lyonii (Lyon’s

pentachaeta) is an endangered plant

species that is restricted to less than 10

sites in western Los Angeles and eastern

Ventura County. It is similar to

Polygonum hickmanii in that its habitat

consists of thin-soiled patches within a

larger grassland community that has

deeper soils. In the early 1990s, small

patches of Pentachaeta lyonii were set

aside as preserves as mitigation for a

housing development and golf course in

Westlake Village. At hole 10 on the golf

course, a 1,394 square-meter (1,500

square-foot) area was set aside for a

small population of the pentachaeta;

however, the population dwindled over

the next six years and finally

disappeared (Carl Wishner, Envicom,

pers. comm. 1998). Attempts to

transplant bare root seedlings into the

site resulted in the reappearance of the

species the following year, but with

numbers again dwindling in subsequent

years. Habitat for the plant has been

rendered unsuitable for several reasons

including overspray from the sprinkler

system that increased soil moisture,

which in turn promoted the growth of

weedy nonnative herbs and grasses that

compete with the pentachaeta.

Overspray also resulted in the mildew

of pentachaeta flower heads, which then

did not produce seed. Adjacent

landscaped areas provide cover that

harbors populations of rabbits, birds,

snails and insects that were not

previously present. In combination,

these animals have consumed much of

the vegetation along a 1.5 to 2.4 m (5 to

8 ft) wide swath of vegetation, including

pentachaeta, on the perimeter of the

preserve area.

Alberts et al. (1993) documented the

effects of habitat fragmentation on

coastal scrub in southern California.

Surveys of native and introduced plant

species conducted in 25 patches of

coastal scrub found that plant species

richness and the ratio of native species

to nonnative species was correlated

67340 Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Proposed Rules

with several variables—larger and more

recently isolated patches supported

more species; fragments with longer

perimeters contained more weed

species; and older fragments and those

with artificially supplemented water

sources supported higher numbers of

escaped ornamentals. Human

disturbance, including clearing of

vegetation, addition of nonnatural water

supplies, and disruption of fire regimes,

has most likely contributed to the loss

of native species and subsequent

invasion of nonnative species into the

patches.

Habitat fragmentation also affects

plant-pollinator interactions in a

number of ways. The abundance of

specific pollinators may decline due to

the elimination of nesting sites,

decreases in food source plants due to

changes in composition of the plant

community, increases in competition

from nonnative pollinators, and

increases in the exposure to pesticides

(Rathcke and Jules 1993; Jennersten

1988; Kearns and Inouye 1997). In plant

species that are obligate outcrossers

(those that require pollinators to effect

seed development), reduced pollinator

availability can result in limited seed

production. Even if a plant species is

not an obligate outcrosser, genetic

variability within the plant population

can be reduced with potentially

deleterious long-term consequences (see

discussion below on random

extinction).

In the case of Polygonum hickmanii,

ecological processes that would be

important to maintain within preserve

areas include, but are not limited to, the

integrity of edaphic (soil) conditions,

hydrologic processes (surface flows), the

associated ‘‘wildflower field’’ plant

community, plant-pollinator

interactions, and seed dispersal

mechanisms. Maintaining such

processes will be severely compromised

by the small size of the areas being set

aside as preserves or open spaces, the

extent of edge subject to external

influences, and the particular kinds of

adjacent land use to which the preserves

will be subject. Threats resulting from

alteration of habitat due to adjacent

changes in land use (discussed in Factor

A) are exacerbated by the small size of

the preserves and the proximity of

nearly all of the colonies to the edges of

the preserves or open spaces, or to

roads. Distances of less than 24 m (80

ft) are not considered to be highly

effective at buffering from chemical

pollutants (e.g., herbicides, pesticides,

and other contaminants) (Conservation

Biology Institute 2000). Depending on

site configuration or circumstances,

buffers of up to 91 m (300 ft) may not

be adequate to provide sufficient

buffering from invasive animals and

increased fire frequency (Conservation

Biology Institute 2000) .

Random extinction. Species with few

populations and individuals are

vulnerable to the threat of naturally

occurring events, causing extinction

through mechanisms operating either at

the genetic level, the population level,

or at the landscape level. The loss of

genetic diversity may decrease a

species’ ability to persist within the

environment, often manifested as a

decrease in reproductive success. At the

population level, species with few

populations or individuals may be

subject to forces that affect their ability

to complete their life cycles

successfully. For example, the loss of

pollinators may reduce successful seed

set, or if the host plant is at least

partially self-compatible, may reduce

the degree of genetic variability within

species. At the landscape level, random

natural events, such as storms, drought,

or fire could destroy a significant

percentage of a species’ individuals or

entire populations. The restriction of

colonies to small sites increases their

risk of extinction from such naturally

occurring events.

The genetic characteristics of

Polygonum hickmanii have not been

investigated; therefore, the degree to

which these characteristics contribute to

the likelihood of P. hickmanii being

vulnerable to extinction for these

reasons is unknown. However, random

events operating at the population and

landscape levels clearly have the

potential for increasing the chance of

extinction for P. hickmanii.

We have carefully assessed the best

scientific and commercial information

available regarding the past, present,

and future threats faced by this taxon in

determining to propose this rule. Based

on this evaluation, the appropriate

action is to propose listing Polygonum

hickmanii (Scotts Valley polygonum) as

endangered. The species is threatened

with extinction due to habitat alteration

resulting primarily from urban

development, inadequate preserve

design, and vulnerability to naturally

occurring events due to low numbers of

individuals and occupied acreage of the

entire taxon. All of the colonies are on

private lands. Although conservation

efforts have been prescribed as part of

mitigation for two of the three projects

(high school and recycled water

distribution project), and are expected

to be proposed for the third project

(Polo Ranch development), the small

extent of occupied habitat, small colony

sizes, and imminent threats lessen the

chance that such efforts will lead to

secure, self-sustaining colonies at these

sites.

Critical Habitat

Critical habitat is defined in section 3

of the Act as the specific areas within

the geographic area occupied by a

species, at the time it is listed in

accordance with the Act, on which are

found those physical or biological

features essential to the conservation of

the species, and that may require special

management consideration or

protection, and specific areas outside

the geographic area occupied by a

species at the time it is listed, upon

determination that such areas are

essential for the conservation of the

species. ‘‘Conservation’’ means the use

of all methods and procedures that are

necessary to bring an endangered

species or a threatened species to the

point at which listing under Act is no

longer necessary.

Critical habitat designation, by

definition, directly affects only Federal

agency actions through consultation

under section 7(a)(2) of the Act. Section

7(a)(2) requires Federal agencies to

ensure that activities they authorize,

fund, or carry out are not likely to

jeopardize the continued existence of a

listed species or destroy or adversely

modify its critical habitat.

Section 4(a)(3) of the Act, as

amended, and implementing regulations

(50 CFR 424.12) require that, to the

maximum extent prudent and

determinable, we designate critical

habitat at the time the species is

determined to be endangered or

threatened. Our regulations (50 CFR

424.12(a)(1)) state that the designation

of critical habitat is not prudent when

one or both of the following situations

exist—(1) the species is threatened by

taking or other human activity, and

identification of critical habitat can be

expected to increase the degree of threat

to the species, or (2) such designation of

critical habitat would not be beneficial

to the species.

Our Final Listing Priority Guidance

for FY 2000 (64 FR 57114) states that the

processing of critical habitat

determinations (prudency and

determinability decisions) and proposed

or final designations of critical habitat

will no longer be subject to

prioritization under the Listing Priority

Guidance. Critical habitat

determinations, which were previously

included in final listing rules published

in the Federal Register, may now be

processed separately, in which case

stand-alone critical habitat

determinations will be published as

notices in the Federal Register.

Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Proposed Rules 67341

We believe that critical habitat is

prudent for Polygonum hickmanii. In

the last few years, a series of court

decisions have overturned Service

determinations regarding a variety of

species that designation of critical

habitat would not be prudent (e.g.,

Natural Resources Defense Council v.

U.S. Department of the Interior, 113 F.

3d 1121 (9th Cir. 1997); Conservation

Council for Hawaii v. Babbitt, 2 F. Supp.

2d 1280 (D. Hawaii 1998)). Based on the

standards applied in those judicial

opinions, we believe that designation of

critical habitat would be prudent for P.

hickmanii.

Due to the small number of

populations, Polygonum hickmanii is

vulnerable to unrestricted collection,

vandalism, or other disturbance. We are

concerned that these threats might be

exacerbated by the publication of

critical habitat maps and further

dissemination of locational information.

However, at this time we do not have

specific evidence of vandalism,

collection, or trade of P. hickmanii or

any similarly situated species.

Consequently, consistent with

applicable regulations (50 CFR

424.12(a)(1)(i)) and recent case law, we

do not expect that the identification of

critical habitat will increase the degree

of threat to this species of taking or

other human activity.

In the absence of a finding that critical

habitat would increase threats to a

species, if there are any benefits to

critical habitat designation, then a

prudent finding is warranted. In the

case of this species, there may be some

benefits to designation of critical

habitat. The primary regulatory effect of

critical habitat is the section 7

requirement that Federal agencies

refrain from taking any action that

destroys or adversely modifies critical

habitat. While a critical habitat

designation for habitat currently

occupied by this species would not be

likely to change the section 7

consultation outcome because an action

that destroys or adversely modifies such

critical habitat would also be likely to

result in jeopardy to the species, there

may be instances where section 7

consultation would be triggered only if

critical habitat is designated. Examples

could include unoccupied habitat or

occupied habitat that may become

unoccupied in the future. There may

also be some educational or

informational benefits to designating

critical habitat. Therefore, we propose

that critical habitat is prudent for

Polygonum hickmanii.

We are deferring the proposed critical

habitat designation for Polygonum

hickmanii until a later date. The reason

for this is that P. hickmanii occurs in

the same general areas as Chorizanthe

robusta var. hartwegii. We intend to

concurrently propose critical habitat for

both of these species. Also, this deferral

will allow us to concentrate our limited

resources on higher priority critical

habitat and other listing actions, while

allowing us to put in place protections

needed for the conservation of P.

hickmanii without further delay. We

will also make the final critical habitat

determination separately from the final

listing determination for P. hickmanii.

Available Conservation Measures

Conservation measures provided to

species listed as endangered or

threatened under the Act include

recognition, recovery actions,

requirements for Federal protection, and

prohibitions against certain activities.

Recognition through listing encourages

and results in public awareness and

conservation actions by Federal, State,

and local and private agencies, groups,

and individuals. The Act provides for

possible land acquisition and

cooperation with the States, and

requires that we carry out recovery

actions for all listed species. Together

with our partners, we would initiate

such actions following listing. The

protection required of Federal agencies

and the prohibitions against certain

activities involving listed plants are

discussed, in part, below.

Section 7(a) of the Act requires

Federal agencies to evaluate their

actions with respect to any species that

is proposed or listed as endangered or

threatened, and with respect to its

critical habitat, if any is being

designated. Regulations implementing

this Interagency Cooperation provision

of the Act are codified at 50 CFR part

402. Section 7(a)(4) requires Federal

agencies to confer with us on any action

that is likely to jeopardize the continued

existence of a proposed species or result

in destruction or adverse modification

of proposed critical habitat. If a species

is listed subsequently, section 7(a)(2)

requires Federal agencies to ensure that

activities they authorize, fund, or carry

out are not likely to jeopardize the

continued existence of the species or to

destroy or adversely modify its critical

habitat, if any has been designated. If a

Federal action may affect a listed

species or its critical habitat, the

responsible Federal agency must enter

into formal consultation with us.

Activities on private lands requiring a

permit from a Federal agency, such as

a permit from the Army Corps of

Engineers under section 404 of the

Clean Water Act, would be subject to

the section 7 consultation process.

Federal actions not affecting the species,

as well as actions on non-Federal lands

that are not federally funded or

permitted would not require section 7

consultation.

Listing of this plant would authorize

development of a recovery plan for it.

However, in the case of Polygonum

hickmanii, we included conservation

recommendations for this species in a

multi-species recovery plan we

published, which also addressed

recovery actions for two listed insects

and three listed plants (including the

endangered Chorizanthe robusta var.

hartwegii that occurs with P. hickmanii)

in the Santa Cruz Mountains (Service

1998). Should P. hickmanii become

listed, we intend that the conservation

recommendations included in this

recovery plan will, in effect, become the

recovery plan for this species. This plan

identifies both State and Federal efforts

for conservation of the plant and

establishes a framework for agencies to

coordinate activities and cooperate with

each other in conservation efforts. The

plan sets recovery priorities and

describes site-specific management

actions necessary to achieve

conservation and survival of the plant.

Additionally, pursuant to section 6 of

the Act, we would be able to grant funds

to the State of California for

management actions promoting the

protection and recovery of the species.

The Act and its implementing

regulations set forth a series of general

prohibitions and exceptions that apply

to all endangered plants. All

prohibitions of section 9(a)(2) of the Act,

implemented by 50 CFR 17.61 for

endangered plants, would apply. These

prohibitions, in part, make it illegal for

any person subject to the jurisdiction of

the United States to import or export,

transport in interstate or foreign

commerce in the course of a commercial

activity, sell or offer for sale in interstate

or foreign commerce, or remove the

species from areas under Federal

jurisdiction. In addition, for plants

listed as endangered, the Act prohibits

the malicious damage or destruction in

areas under Federal jurisdiction and the

removal, cutting, digging up, damaging,

or destroying of such endangered plants

in knowing violation of any State law or

regulation, or in the course of any

violation of a State criminal trespass

law. Certain exceptions to the

prohibitions apply to our agents and

State conservation agencies.

In accordance with our policy,

published in the Federal Register on

July 1, 1994 (59 FR 34272), at the time

a species is listed we identify to the

maximum extent practicable those

activities that would or would not

67342 Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Proposed Rules

constitute a violation of section 9 of the

Act. The intent of this policy is to

increase public awareness of the effect

of the listing on proposed and ongoing

activities within a species’ range.

Collection, damage, or destruction of

endangered plants on Federal lands is

prohibited, although in appropriate

cases, a Federal endangered species

permit may be issued to allow for

collection. However, Polygonum

hickmanii is not presently known to

occur on Federal land. Removal, cutting,

digging up, damaging or destroying

endangered plants on non-Federal lands

also constitutes a violation of section 9

of the Act if conducted in knowing

violation of State law or regulations,

including State criminal trespass law.

Questions regarding whether specific

activities will constitute a violation of

section 9 should be addressed to the

Field Supervisor, Ventura Fish and

Wildlife Office (see ADDRESSES section).

The Act and 50 CFR 17.62 and 17.63

also provide for the issuance of permits

to carry out otherwise prohibited

activities involving endangered plants

under certain circumstances. Such

permits are available for scientific

purposes and to enhance the

propagation or survival of the species.

Requests for copies of the regulations

regarding listed species and inquiries

about prohibitions and permits may be

addressed to the U.S. Fish and Wildlife

Service, Ecological Services, Permits

Branch, 911 N.E. 11th Avenue, Portland,

Oregon 97232–4181 (telephone 503/

231–2063; facsimile 503/231–6243).

Public Comments Solicited

We intend that any final action

resulting from this proposal will be as

accurate and as effective as possible.

Therefore, we request comments or

suggestions from the public, other

concerned governmental agencies, the

scientific community, industry, or any

other interested party concerning this

proposed rule. Comments particularly

are sought concerning:

(1) Biological, commercial trade, or

other relevant data concerning any

threat (or lack thereof) to Polygonum

hickmanii;

(2) The location of any additional

populations of Polygonum hickmanii

and the reasons why any habitat of this

species should or should not be

determined to be critical habitat

pursuant to section 4 of the Act;

(3) Additional information concerning

the range, distribution, and population

size of this species; and

(4) Current or planned activities in the

subject area and their possible impacts

on Polygonum hickmanii.

In making a final decision on this

proposal, we will take into

consideration the comments and any

additional information we receive. Such

communications may lead to a final

regulation that differs from this

proposal.

In accordance with our policy

published on July 1, 1994 (59 FR

34270), we will solicit the expert

opinions of three appropriate and

independent specialists regarding this

proposed rule. The purpose of such

review is to ensure listing decisions are

based on scientifically sound data,

assumptions, and analyses. We will

send these peer reviewers copies of this

proposed rule immediately following

publication in the Federal Register. We

will invite these peer reviewers to

comment, during the public comment

period, on the specific assumptions and

conclusions regarding the proposed

listing.

We will consider all comments and

information received during the 60-day

comment period on this proposed rule

during preparation of a final

rulemaking. Accordingly, the final

determination may differ from this

proposal.

Our practice is to make comments,

including names and home addresses of

respondents, available for public review

during regular business hours.

Individual respondents may request that

we withhold their home address from

the rulemaking record, which we will

honor to the extent allowable by law.

There also may be circumstances in

which we would withhold from the

rulemaking record a respondent’s

identity, as allowable by law. If you

wish us to withhold your name and/or

address, you must state this

prominently at the beginning of your

comment. However, we will not

consider anonymous comments. We

will make all submissions from

organizations or businesses, and from

individuals identifying themselves as

representatives or officials of

organizations or businesses, available

for public inspection in their entirety.

Comments and materials received will

be available for public inspection, by

appointment, during normal business

hours at the above address.

If you would like to submit comments

by e-mail (see ADDRESSES section),

please submit e-mail comments as an

ASCII file and avoid the use of special

characters and any form of encryption.

Please also include ‘‘Attn: RIN 1018–

AH70’’ and your name and return

address in your e-mail message. If you

do not receive a confirmation from the

system that we have received your email message, contact us directly by

calling our Ventura Fish and Wildlife

Office at phone number 805/644–1766.

Public Hearings

The Act provides for one or more

public hearing on this proposal, if

requested. Requests must be received

within 45 days of the date of publication

of the proposal in the Federal Register.

Such requests must be made in writing

and be addressed to the Field

Supervisor (see ADDRESSES section).

Clarity of the Rule

Executive Order 12866 requires each

agency to write regulations/notices that

are easy to understand. We invite your

comments on how to make this

proposed rule easier to understand,

including answers to questions such as

the following—(1) Are the requirements

in the proposed rule clearly stated? (2)

Does the proposed rule contain

technical jargon that interferes with the

clarity? (3) Does the format of the

proposed rule (grouping and order of

the sections, use of headings,

paragraphing, etc.) aid or reduce its

clarity? (4) Is the description of the

notice in the SUPPLEMENTARY

INFORMATION section of the preamble

helpful in understanding the proposed

rule? What else could we do to make

this proposed rule easier to understand?

Send a copy of any comments that

concern how we could make this rule

easier to understand to the office

identified in the ADDRESSES section at

the beginning of this document.

National Environmental Policy Act

We have determined that an

Environmental Assessment and

Environmental Impact Statement, as

defined under the authority of the

National Environmental Policy Act of

1969, need not be prepared in

connection with regulations adopted

pursuant to section 4(a) of the Act. We

published a notice outlining our reasons

for this determination in the Federal

Register on October 25, 1983 (48 FR

49244).

Required Determinations

This proposed rule does not contain

any new or revised information

collection requirements for which Office

of Management and Budget (OMB)

approval under the Paperwork

Reduction Act, 44 U.S.C. 3501 et seq.,

is required. An information collection

related to the rule pertaining to permits

for endangered and threatened species

has OMB approval and is assigned

clearance number 1018–0094. For

additional information concerning

permits and associated requirements for

endangered plants, see 50 CFR 17.62

Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Proposed Rules 67343

and 17.63. We may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid OMB

control number.

References Cited

A complete list of all references cited

herein, as well as others, is available

upon request from the Ventura Fish and

Wildlife Office (see ADDRESSES section).

Author

The primary author of this proposed

rule is Constance Rutherford (see

ADDRESSES section).

List of Subjects in 50 CFR part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements,

Transportation.

Proposed Regulation Promulgation

Accordingly, we propose to amend

part 17, subchapter B of chapter I, title

50 of the Code of Federal Regulations,

as set forth below:

PART 17—[AMENDED]

1. The authority citation for part 17

continues to read as follows:

Authority: 16 U.S.C. 1361–1407; 16 U.S.C.

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–

625, 100 Stat. 3500, unless otherwise noted.

2. Section 17.12(h) is amended by

adding the following, in alphabetical

order under FLOWERING PLANTS, to

the List of Endangered and Threatened

Plants to read as follows:

§ 17.12 Endangered and threatened plants.

* * * * *

(h) * * *

Species

Historic range Family Status When listed Critical

habitat

Special

rules Scientific name Common name

FLOWERING PLANTS

*******

Polygonum hickmanii Scotts Valley

polygonum.

U.S.A. (CA) ............. Polygonaceae ......... E .................... NA NA

*******

Dated: October 17, 2000.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 00–28698 Filed 11–8–00; 8:45 am]

BILLING CODE 4310–55–U

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; Notice of Designation of

the Northern Sea Otter in the Aleutian

Islands as a Candidate Species

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of designation of a

candidate species.

SUMMARY: In this document, we present

information on the recent addition of

the northern sea otter (Enhydra lutris

kenyoni) found in the Aleutian Islands

to the list of candidates for listing under

the Endangered Species Act of 1973, as

amended. Identification of candidate

taxa can assist environmental planning

efforts by providing advance notice of

potential listings, allowing resource

managers to alleviate threats and

thereby possibly remove the need to list

taxa as endangered or threatened. Even

if we subsequently list this candidate

species, the early notice provided here

could result in fewer restrictions on

activities by prompting candidate

conservation measures to alleviate

threats to this species.

We also announce the availability of

the candidate and listing priority

assignment form for this candidate

species. This document describes the

status and threats that we evaluated to

determine that the northern sea otter in

the Aleutian Islands warrants

consideration for listing, and to assign a

listing priority to this species.

We request additional status

information that may be available for

the northern sea otter. We will consider

this information in evaluating,

monitoring, and developing

conservation strategies for this species.

DATES: We will accept comments on this

document at any time.

ADDRESSES: Submit written comments

and data regarding the northern sea otter

to the Marine Mammals Management

Office, U.S. Fish and Wildlife Service,

1011 E. Tudor Road, Anchorage, Alaska

99503.

FOR FURTHER INFORMATION CONTACT:

Douglas Burn, Wildlife Biologist,

Marine Mammals Management Office at

the above address, or telephone 907/

786–3800 or facsimile 907/786–3816.

SUPPLEMENTARY INFORMATION:

Background

The Endangered Species Act of 1973,

as amended (Act) (16 U.S.C. 1531 et

seq.), requires that we list taxa of

wildlife and plants that are endangered

or threatened, based on the best

available scientific and commercial

information. As part of this program, we

also identify taxa that we regard as

candidates for listing. Candidate taxa

are those taxa for which we have on file

sufficient information to support

issuance of a proposed rule to list under

the Act. In addition to our annual

review of all candidate taxa (64 FR

57534; October 25, 1999), we have an

on-going review process, particularly to

update taxa whose status may have

changed markedly. Section 3 of the Act generally defines

an endangered species as any species

which is in danger of extinction

throughout all or a significant portion of

its range, and a threatened species as

any species which is likely to become

an endangered species within the

foreseeable future throughout all or a

significant portion of its range. A

species may be determined to be an

endangered or threatened species due to

one or more of the five factors described

in section 4(a)(1) of the Act:

(A) The present or threatened

destruction, modification, or

curtailment of the species’ habitat or

range; (B) Overutilization of the species for

commercial, recreational, scientific, or

educational purposes; (C) Disease or predation affecting the

species; (D) The inadequacy of existing

regulatory mechanisms to protect the

species; and (E) Other natural or manmade factors

affecting the species’ continued

existence.