[Federal Register Volume 66, Number 44 (Tuesday, March 6, 2001)]
[Proposed Rules]
[Pages 13474-13480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5288]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AG41


Endangered and Threatened Wildlife and Plants; Proposal To Delist 
Eriastrum hooveri (Hoover's Woolly-Star)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
remove Eriastrum hooveri (Hoover's woolly-star) from the List of 
Endangered and Threatened Plants. This action is based on a review of 
all available data, which indicate that E. hooveri is more widespread 
and abundant than was documented at the time of listing, is more 
resilient and less vulnerable to certain activities than previously 
thought, and is protected on Federal, State, and private lands. The 
management practices of the Bureau of Land Management (BLM), on whose 
land a significant number of new populations have been found, afford 
adequate protection to the species. Occidental of Elk Hills, Inc. will 
manage and monitor a 2,863 hectare (7,075 acre) conservation area that 
contains E. hooveri occurrences. Occurrences of E. hooveri are also 
found on six other preserves and natural areas managed variously by the 
BLM, California

[[Page 13475]]

Department of Fish and Game, and other private entities. Consequently, 
E. hooveri is not likely to become endangered within the foreseeable 
future throughout all or a significant portion of its range. Eriastrum 
hooveri populations range from the upper Cuyama Valley in Santa Barbara 
County, northward to the Panoche Hills area of San Benito County, and 
include sites in Fresno, Kings, Kern, and San Luis Obispo Counties in 
California. If made final, this rule would remove Federal protection 
for E. hooveri under the Endangered Species Act of 1973, as amended.

DATES: Comments from all interested parties must be received by May 7, 
2001. Public hearing requests must be received by April 20, 2001.

ADDRESSES: If you wish to comment on this proposal, you may submit your 
comments by any one of several methods. You may submit written comments 
by mail to the Field Supervisor, U.S. Fish and Wildlife Service, 
Sacramento Fish and Wildlife Office, 2800 Cottage Way, Suite W-2605, 
Sacramento, California 95825-1888. You may send comments by electronic 
mail (e-mail) to: <a href="/cdn-cgi/l/email-protection#b3d5c482dbdcdcc5d6c1c0ecc4dcdcdfdfcaecc0c7d2c1f3d5c4c09dd4dcc5"><span class="__cf_email__" data-cfemail="badccd8bd2d5d5ccdfc8c9e5cdd5d5d6d6c3e5c9cedbc8fadccdc994ddd5cc">[email protected]</span></a>. Finally, you may 
hand-deliver comments to our Sacramento Fish and Wildlife Office at 
2800 Cottage Way, Suite W-2605, Sacramento, California.

FOR FURTHER INFORMATION CONTACT: Elizabeth Warne, botanist, U.S. Fish 
and Wildlife Service at the above address or telephone 916/414-6600.

SUPPLEMENTARY INFORMATION:

Background

    Eriastrum hooveri (Hoover's woolly-star) was evidently first 
collected in 1935 by Gregory Lyons near Little Panoche Creek in Fresno 
County; however, Willis Jepson (1943) described the plant as Hugelia 
hooveri, citing a 1937 collection by Robert Hoover (the namesake for 
the scientific and common names) as the type. Later, Herbert Mason 
(1945) transferred the species along with the rest of the woolly-stars 
to the genus Eriastrum.
    Eriastrum hooveri, an annual herb of the phlox family 
(Polemoniaceae), produces many wire-like stems and tiny white to pale 
blue flowers that are less than 5 millimeters (0.2 inch (in.)) across. 
The flowers are nearly hidden in tufts of woolly hair. The leaves are 
thread-like and may have two narrow lobes near the base. Standing 1-20 
centimeters (cm) (0.4-8 in.) tall, the species has grayish, fuzzy 
stems, which are often branched (Munz and Keck 1959; Ellen Cypher, San 
Joaquin Valley Endangered Species Recovery Planning Program, pers. 
comm. 1998). The most important characteristics for distinguishing this 
species from other Eriastrum species are the flower size and the ratio 
between the length of the corolla and the length of the lobes on the 
petals (petals are highly colored portions of the flower and 
collectively are called the corolla). Characteristics of the stamen 
(male reproductive organ) can also help identify this species (Taylor 
and Davilla 1986).
    Eriastrum hooveri prefers areas with lower annual plant densities 
and stable, silty to sandy soils that often exhibit cryptogamic 
crusting (cryptogamic crusts are composed of a complex of mosses, 
algae, bacteria, fungi, and lichens at the soil surface) (Bureau of 
Land Management (BLM) 1994). The influence of ongoing geological 
processes of the Lost Hills appears to provide favorable conditions and 
habitat for the species. Eriastrum hooveri is found on Federal lands at 
Lost Hills and in the Buena Vista Hills on alluvial deposits adjacent 
to the San Joaquin Valley (BLM 1992, 1994; EG&G Energy Measurements, 
Inc. (EG&G) 1994). In the area of the largest concentration of plants, 
which occurs on both privately and publicly owned land in the Kettleman 
Hills, the species has been found growing primarily on Cantua coarse 
sandy loam (Russ Lewis, BLM, pers. comm. 1995). Soil preferences of 
this species have not been studied for other locations.
    Historically, prior to 1986, Eriastrum hooveri was known from 19 
sites in San Luis Obispo, Kern, Fresno, and Santa Barbara Counties in 
California. Eriastrum hooveri was originally thought to be distributed 
in the Temblor Range (Kern and San Luis Obispo Counties), Cuyama Valley 
(San Luis Obispo and Santa Barbara Counties), and in a discontinuous 
fashion within valley saltbush scrub and valley sink scrub from Fresno 
County south in the San Joaquin Valley (Taylor and Davilla 1986) in 
California. Most of these sites occurred on private property on the San 
Joaquin and Cuyama Valley floors or on land known as the Naval 
Petroleum Reserve, which was administered by the U.S. Department of 
Energy (Department of Energy).
    The Naval Petroleum Reserve-1 (NPR-1) was established in 1912 for 
national defense purposes but was largely maintained in reserve shut-in 
status until 1976. Because of oil shortages in the early 1970s, 
Congress passed the Naval Petroleum Reserve Production Act in 1976, 
which provided for oil production on NPR-1. Buena Vista Hills Oil 
Field, which encompasses Naval Petroleum Reserve-2 (NPR-2), lies to the 
south of and is partially contiguous with NPR-1. Together, NPR-1 and 
NPR-2 constitute what was known as the Naval Petroleum Reserves in 
California (Service 1995a).
    Eriastrum hooveri was listed July 19, 1990 (55 FR 29361) as a 
threatened species under the Endangered Species Act of 1973, as amended 
(Act) (16 U.S.C. 1531 et seq.). Prior to listing, a study of Eriastrum 
hooveri was conducted in 1986 to determine the status of the species 
(Davilla and Taylor 1986). This study and additional surveys conducted 
between 1986 and the time of listing revealed that 118 populations 
existed (55 FR 29361). Twelve populations were known to have been lost 
due to conversion of habitat to agriculture (Taylor and Davilla 1986; 
55 FR 29361). Only two were identified as occurring on public land. 
Ninety-two percent of these sites were considered to be threatened by 
various activities, especially oil and gas development. Threats to the 
species at the time of listing were oil and gas development, 
agricultural land conversion, urbanization, and other habitat 
modifications.
    The results of the 1986 survey, however, did not accurately reflect 
the distribution of the species because of the poor growing conditions 
during this period (EG&G 1995a). In subsequent years, particularly 
1993, abundant spring rainfall created favorable growing conditions for 
annual plants (EG&G 1994, 1995b). Since the listing, surveys have shown 
Eriastrum hooveri to be more widespread and abundant than was 
previously known on public land, especially in the foothill areas. New 
locations were reported by the BLM (BLM 1992, 1994), and additional 
locations were submitted to the California Natural Diversity Data Base 
(CNDDB). Over 400 locations have been recorded on NPR-1 since the time 
of listing (Brian Cypher, Enterprise Advisory Services, Inc., pers. 
comm. 1998). Eriastrum hooveri is also known to occur on NPR-2; 
however, detailed population information is not available (B. Cypher, 
pers. comm., 1998).
    BLM staff estimate that 1,056 Eriastrum hooveri sites occupying 
approximately 982 hectares (ha) (2,426 acres (ac)) have been located 
during surveys conducted on private and public lands in 1992 and 1994 
(BLM 1992, 1994). These surveys have shown that E. hooveri populations 
range from the upper Cuyama Valley near Ventucopa, Santa Barbara 
County, northward to the Panoche Hills in San Benito County, a distance 
of approximately 224 kilometers (140

[[Page 13476]]

miles). This distance approximates the historic range; however, many 
more foothill sites have been found. Eriastrum hooveri is now known to 
occur in 42 U.S. Geological Survey quadrangles within Kings, Kern, San 
Luis Obispo, Santa Barbara, San Benito, and Fresno Counties. Large 
areas of potential suitable habitat remain unsurveyed, and it is likely 
that additional sites remain undiscovered throughout the range of this 
species (BLM 1994).
    Eriastrum hooveri occurrences are mainly located within four areas, 
or metapopulations (E. Cypher, pers. comm. 1995; Service 1998). A 
metapopulation consists of scattered groups of plants that function as 
a single population due to occasional interbreeding. The four 
metapopulations from largest to smallest are--(1) the Kettleman Hills 
area in Fresno and Kings Counties; (2) the Carrizo Plain-Elkhorn Plain-
Temblor Range-Caliente Mountains-Cuyama Valley-Sierra Madre Mountains 
area in San Luis Obispo, Santa Barbara, and extreme western Kern 
Counties; (3) the Lokern-Elk Hills-Buena Vista Hills-Coles Levee-
Maricopa-Taft area in Kern County; and (4) the Antelope Plain-Lost 
Hills-Semitropic area in Kern County. Each of the metapopulations 
occurs on both private and public land. Additional, more isolated 
populations occur throughout the region.
    The numbers of sites within the metapopulations range from 425 
sites in the Kettleman Hills area to 112 sites in the Antelope Plain-
Lost Hills-Semitropic area. The numbers of plants present in these two 
areas from 1992 to 1994 ranged from 135 million plants in Kettleman 
Hills to approximately 479,000 plants in the Antelope Plain-Lost Hills-
Semitropic area. These numbers, however, vary widely from year to year 
due to changes in climatic conditions, particularly rainfall (Service 
1998). Not all sites discovered during the 1992 and 1994 surveys 
constitute individual populations. The sites vary in area and numbers 
of plants and may be sufficiently close to one or more other sites to 
be considered part of a larger population.
    An estimated 25 percent of all Eriastrum hooveri plants are on land 
managed by the BLM. The U.S. Forest Service (Forest Service) and the 
Department of Energy have less than 7 percent under their management. 
In addition, 23 percent of individual plants are located on split 
estate lands, where Federal mineral rights exist on private lands. Of 
the remaining individuals, 18 percent occur on a combination of split 
estate and private lands, and at least 27 percent occur on private 
lands only.
    Oil and gas development on split estate land is controlled by the 
Federal Government, although the private landowner retains control of 
the surface property. Any oil and gas development on these lands would 
require environmental review by the BLM of impacts to listed species. 
Activities authorized by the BLM that may impact Eriastrum hooveri are 
restricted by the protection measures agreed upon by the BLM through a 
section 7 consultation with us, which dealt with 35 species of animals 
and plants including E. hooveri (consultation file number 1-1-97-F-
0064) (Service 1997; Susan Carter, BLM, pers. comm. 1998). The BLM has 
incorporated species-specific and general habitat protection measures 
into their resource area land use plans since E. hooveri was listed. 
These measures will provide effective protection of natural habitat 
values and minimize impacts of various activities on E. hooveri. The 
BLM has agreed to consider the species as a special status species 
after delisting. This status will provide continued protection on BLM 
lands from impacts due to oil and gas development and grazing. The BLM 
also agreed to annually monitor the species at representative sites 
within each of the four metapopulations on their lands for a period of 
at least 5 years following publication of the final rule to delist the 
species. See more discussion about BLM actions in the section of this 
proposed rule titled ``Effects of Proposed Rule to Delist.''
    On February 5, 1998, the Department of Energy transferred ownership 
and management of one of its two reserves, NPR-1, to the private 
ownership of Occidental of Elk Hills, Inc. (Occidental) (B. Cypher, 
pers. comm. 1998). The Department of Energy agreed, through a 
consultation with us (consultation file number 1-1-95-F-102) (Service 
1995a) prior to transfer, to implement conservation measures at Elk 
Hills including the dedication of a 2,863-ha (7,075-ac) conservation 
area for the protection of Eriastrum hooveri, among other species (LSA 
Associates, Inc., 1998). Occidental has agreed to abide by the 
Department of Energy agreement (Peter Cross, Service, pers. comm. 
1998).
    There is no formal agreement between us and the Department of 
Energy for the specific protection of Eriastrum hooveri on NPR-2; 
however, they informally consult with us on a case-by-case basis on 
projects that may affect listed species on NPR-2. The Department of 
Energy currently proposes to continue ownership of NPR-2 (Duane Marti, 
BLM, pers. comm. 1998) and has agreed to consult with the us on the 
operation of NPR-2 once the decision that they will retain the reserve 
is final (P. Cross, pers. comm. 1998).
    Eriastrum hooveri also occurs on several areas that have been 
acquired for the protection of listed animals. These areas include the 
Alkali Sink Ecological Reserve and Buttonwillow Preserve, both managed 
by California Department of Fish and Game (CDFG); Carrizo Plain Natural 
Area, co-managed by the BLM and CDFG; Coles Levee Ecosystem Preserve, 
owned and managed by ARCO; Lokern Natural Area, managed by the BLM, 
Center for Natural Lands Management, Chevron, and other private 
landowners; and Semitropic Ridge Preserve, owned and managed by the 
Center for Natural Lands Management (Service 1998; Wendie Duron, The 
Nature Conservancy, pers. comm. 1998).
    Considering these ownership patterns and the protection provided to 
the species by BLM management practices (refer to Factor D ``The 
inadequacy of existing regulatory mechanisms'' under ``Summary of 
Factors Affecting the Species''); the number of new occurrences found 
since the time of listing; and the knowledge that the species is more 
resilient and less vulnerable to certain activities than previously 
thought; it is not likely that Eriastrum hooveri will become endangered 
within the foreseeable future throughout all or a significant portion 
of its range. Eriastrum hooveri, therefore, no longer meets the 
definition of a threatened species under the Act.

Previous Federal Action

    On September 27, 1985, we published a revised notice of review for 
native plants in the Federal Register (50 FR 39526). This revised 
notice added Eriastrum hooveri as a category 2 candidate species. 
Category 2 species were those species for which information in our 
possession indicated that listing was possibly appropriate, but for 
which additional information on biological vulnerability and threats 
was needed to support a proposed rule. On July 27, 1989, we published a 
proposal to list E. hooveri as threatened (54 FR 31201). The final rule 
listing E. hooveri as a threatened species was published July 19, 1990 
(55 FR 29361).

Summary of Factors Affecting the Species

    Section 4 of the Act and regulations (50 CFR part 424) written to 
implement the listing provisions of the Act set forth the procedures 
for listing, reclassifying, and delisting species. A species may be 
listed if one or more of the five factors

[[Page 13477]]

described in section 4(a)(1) of the Act threatens the continued 
existence of the species. A species may be delisted, according to 50 
CFR 424.11(d), if the best scientific and commercial data available 
substantiate that the species is neither endangered nor threatened 
because of (1) extinction, (2) recovery, or (3) error in the original 
data for classification of the species. We have carefully assessed the 
best scientific and commercial information available regarding the 
past, present, and future threats faced by Eriastrum hooveri. We 
conclude that, based on more complete survey data and information on 
the biology of the species than was available at the time of listing, 
E. hooveri is not likely to become endangered within the foreseeable 
future throughout all or a significant portion of its range. Therefore, 
we propose to remove E. hooveri from the List of Endangered and 
Threatened Plants.
    The five factors affecting the species, as described in section 
4(a)(1), and their current application to Eriastrum hooveri (Jepson) 
H.L. Mason (Hoover's woolly-star) are as follows:

A. The Present or Threatened Destruction, Modification, or Curtailment 
of Its Habitat or Range

Oil and Gas Leasing
    The predominant threat facing Eriastrum hooveri at the time it was 
listed as a threatened species was oil and gas development, especially 
in the Elk Hills area. Russ Lewis of the BLM has conducted several 
surveys for E. hooveri on public and private lands since the time of 
listing (BLM 1992, 1994). Of the 1,056 new sites found by Lewis during 
1992 and 1994, oil and gas development threats were present for about 
21 percent of the sites. Threats at many of these sites are no longer 
significant because several oil fields are at or near their peak of 
development, and the likelihood of additional habitat loss from new 
activity is low.
    In the Elk Hills area, oil production areas are established on the 
upper flanks of the hills on the former NPR-1. Exploration activities 
generally have failed to establish oil production in the lower flanks 
(BLM 1994). The majority (73 percent) of the Eriastrum hooveri sites 
occur at lower elevations (EG&G 1995a); therefore, the majority of E. 
hooveri populations in NPR-1 are in areas not likely to be developed 
for petroleum production (B. Cypher, pers. comm. 1998).
    Mobil Oil Corporation enacted measures to protect Eriastrum hooveri 
by placing protective exclosures around all known sites on a Lost Hills 
leased property (BLM 1994). Lewis also noted that above-surface 
pipeline corridors appear to be unintentionally restricting access of 
off-highway vehicles to remaining undisturbed habitat and, 
consequently, are protecting many other sites in the area (BLM 1994). 
The E. hooveri Field Inventory Report (BLM 1994) documents the presence 
of E. hooveri in large numbers throughout fully developed oil fields, 
such as Lost Hills, that have been in existence for several decades.
    Because Eriastrum hooveri reoccupies disturbed surfaces such as 
well pads and pipeline rights-of-way after a period of non-use, the 
species likely will continue to exist both on federally and privately 
owned, fully developed oil fields (BLM 1994). EG&G Energy Measurements 
monitored the reestablishment of E. hooveri (under sponsorship by the 
Department of Energy and Chevron) following two disturbances that 
occurred in 1990. Density estimates of E. hooveri 3 years after 
disturbance in both cases approached density estimates recorded on 
undisturbed sites (EG&G 1995a). Although oil and gas development does 
constitute a potential surface disturbance threat, it does not appear 
to threaten the long-term survival of this species.
Agricultural and Urban Development
    Agricultural and urban development was also cited as a threat at 
the time of listing. Although sites that occur within the San Joaquin 
Valley are experiencing threats from development, the majority of the 
plants are found along the hilly margins of the Valley, usually between 
90 and 910 meters (300 to 3,000 feet) in elevation. The full extent of 
the historic distribution of Eriastrum hooveri on the San Joaquin 
Valley floor will never be fully known due to widespread agricultural 
development throughout this geographic area.
    The California Natural Diversity Data Base documents that Eriastrum 
hooveri sites have existed on sandy places along the historic drainage 
routes running northward from Buena Vista Lake to Tulare Lake (R. 
Lewis, in litt. 1995). There are other locations along the Kern River 
drainage from Bakersfield to Buena Vista Lake and additional sites on 
the valley floor in Fresno County. Much of the valley floor is 
agriculturally developed, virtually to its fullest extent (R. Lewis, in 
litt. 1995). Future development is uncertain and would require 
encroachment into hilly and agriculturally less-desirable geographic 
areas. Limited water availability for additional agricultural and urban 
development is a severely limiting factor in the southern San Joaquin 
Valley; however, urban development along the Interstate 5 corridor 
could impact remaining occupied habitat at a few locations. The 
majority of the existing locations are located on or near hilly areas 
due to ongoing geological processes that create habitat essential for 
the species; therefore, agricultural and urban threats to the continued 
survival of E. hooveri appear to be minimal.
Off-Highway Vehicles
    The Eriastrum hooveri Field Inventory Report (BLM 1994) considered 
15 percent of sites evaluated to have potential threats from off-
highway vehicles. The report stated that the presence of a dirt road 
near a site constituted a threat; however, many of these dirt roads are 
very remote, seldom traveled, and inaccessible to the public due to 
locked gates. Most of the sites documented in the report had no threats 
or documented impacts because the sites were inaccessible to vehicles.
    Off-highway vehicle impacts are rare occurrences and typically 
consist of tire tracks across occupied habitat, in many cases as a one-
time occurrence by a single vehicle. In some roads located in the 
Caliente Mountains and Cuyama Valley, the species was found growing in 
the wheel treads of the road. In addition, E. hooveri was found growing 
on several inactive motorcycle paths located in the Kettleman Hills, 
some of which were approximately 46 cm (18 in.) deep. The plants appear 
to persist in the absence of renewed disturbance. The low number of 
documented impacts and the recolonizing ability of E. hooveri indicate 
that off-highway vehicle use does not represent a threat to the long-
term survival of the species (BLM 1994).
    The majority of the six Eriastrum hooveri populations in Los Padres 
National Forest are located on lightly used or abandoned roads that 
receive an estimated one to ten vehicle passes per year. This light 
road use appears to help maintain the presence of the species, although 
the plants do not grow in the actual tire tracks. The populations do 
not extend into areas, which apparently have suitable habitat, that 
surround the roads (Mike Foster, Forest Service, pers. comm. 1998).

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    Overutilization is not a factor known to affect Eriastrum hooveri.

[[Page 13478]]

C. Disease or Predation

    Eriastrum hooveri tends to occupy soil surface that does not 
support a large amount of vegetation. Grazing by wild herbivores is not 
known to occur. And, although cattle may trail through areas occupied 
by E. hooveri en route to areas of desirable forage (refer to Factor E 
``Other natural or manmade factors affecting its continued 
existence.''), they do not appear to be grazing within the sparsely 
vegetated E. hooveri occupied habitat (BLM 1994). Furthermore, 
observations of the wiry and low-growing E. hooveri plants have shown 
that they are not desirable forage for livestock (BLM 1994); therefore, 
grazing does not constitute a serious threat to E. hooveri.
    No known diseases affect Eriastrum hooveri.

D. The Inadequacy of Existing Regulatory Mechanisms

    The Act may incidentally afford protection to Eriastrum hooveri 
where it coexists with other federally listed species. For example, E. 
hooveri occupies a subset of the range and habitat of the federally 
endangered San Joaquin kit fox (Vulpes macrotis mutica). The recovery 
plan for this species recommends the establishment of a system of 
multispecies reserves that are within the range of E. hooveri (Service, 
1983). Lands acquired for this reserve system will likely benefit E. 
hooveri, as will the continued legal protection afforded the fox under 
the Act.
    Eriastrum hooveri is not a State-listed species under the 
California Endangered Species Act.
    The principal protection for Eriastrum hooveri, if this rule is 
finalized, will be through management on BLM land where Areas of 
Critical Environmental Concern, which contain occupied E. hooveri 
habitat, were designated in the Kettleman Hills, Carrizo Plain, and 
Lokern areas in May 1997 (S. Carter, pers. comm. 1998; Amy Kuritsubo, 
BLM, pers. comm. 1998). Areas of Critical Environmental Concern were 
authorized in Section 202(c)(3) of the Federal Land Policy and 
Management Act of 1976. These are areas where special management 
attention is needed to protect and prevent irreparable damage to 
important resources or to protect human life from natural hazards (BLM 
1993). The management prescriptions proposed for Areas of Critical 
Environmental Concern are included in the Caliente Resource Area 
Resource Management Plan and provide protection to the plants by 
minimizing residual impacts from rights-of-way, oil and gas leasing, 
and authorized grazing (R. Lewis, pers. comm. 1995; S. Carter, pers. 
comm. 1998).
    The BLM's Caliente Resource Area Resource Management Plan and 
Environmental Impact Statement addresses future management of Eriastrum 
hooveri. Eriastrum hooveri will be designated a ``sensitive species'' 
by the BLM after the species is delisted (Ed Hastey, BLM, in litt. 
1995). BLM policy will minimize impacts to the species at all known 
sites that are under their jurisdiction. Before any surface disturbance 
is allowed, the BLM will require an inventory to be conducted on the 
project site as outlined in the Formal Consultation on Oil and Gas 
Leasing in the Caliente Resource Management Plan (Service 1995b). A 
Limited Surface Use Stipulation for Federally Proposed and Listed 
Species will be issued for oil and gas leases within listed species 
habitat in the Caliente Resource Area (Service 1995b; BLM 1996). 
Impacts to the species by oil and gas leasing on BLM lands will be 
minimized by avoidance of populations, by requiring that surface 
disturbing activities take place after seed set and prior to 
germination if avoidance is not possible, and by fencing during project 
activity. If populations cannot be avoided, topsoil may be stockpiled 
for a period less than one year and replaced after project completion 
(BLM 1995).
    In areas where Eriastrum hooveri overlaps the range of the 
federally listed plant species Caulanthus californicus (California 
jewelflower), Lembertia congdonii (San Joaquin woolly-threads), or 
Eremalche kernensis (Kern mallow), grazing will be allowed only in 
approved study areas (S. Carter, pers. comm. 1995). In addition, where 
the species overlaps the range of federally listed animal species, 
certain grazing restrictions will apply. The restrictions include 
requirements for residual mulch (dry plant material) of 50 kilograms 
(kg) per ha (49 pounds (lbs) per ac), and 5 cm (2 in.) of green growth, 
or 318 kg per ha (238 lbs per ac) in order for grazing to occur. 
Because E. hooveri habitat is generally sparsely vegetated, this 
residual mulch requirement will protect E. hooveri from overgrazing (S. 
Carter, pers. comm. 1998). In areas where the species occurs in 
saltbush scrub, the season of use will be from December 1 to May 31, 
with 20 percent maximum use of saltbush plants (S. Carter, pers. comm. 
1995).
    Eriastrum hooveri population site locations will be placed into a 
Geographic Information System (GIS) to help in the management of future 
activities that may arise within the range of the species (S. Carter, 
pers. comm. 1995). The BLM will establish monitoring locations at key 
sites on public land in the four metapopulations (see ``Background'' 
under Supplementary Information where oil and gas development, grazing, 
off-highway vehicles, and agricultural or urban uses pose potential 
threats. These locations will be monitored annually for a period of at 
least 5 years after delisting, at which time the status of the species 
on BLM land will be evaluated for possible changes in management 
strategy (E. Hastey, in litt. 1995). The BLM will continue to report 
new locations.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

    Although Eriastrum hooveri is not a desirable forage plant for 
livestock, damage can occur by trampling (BLM 1994). Only 5 percent of 
the sites recorded by Lewis were affected by cattle and sheep grazing 
activities; therefore, livestock trampling does not appear to 
constitute a serious threat to E. hooveri.
    At the time of listing, competition with nonnative grasses was 
cited as a threat. Eriastrum hooveri requires habitat with lower plant 
densities, therefore, it does not occur in areas with a dense cover of 
nonnative species (E. Cypher, pers. comm. 1995). These areas of lower 
plant densities generally have evidence of cryptogamic crusts, which 
also indicate minimal levels of past disturbance. Dense stands of 
nonnative annual vegetation can be found adjacent to these open surface 
areas. In all cases, small numbers of nonnative plants can be found 
throughout E. hooveri habitat but not in densities that would exclude 
E. hooveri. This species may initially colonize areas having low plant 
cover because of disturbance, but E. hooveri subsequently may be 
outcompeted by nonnative plants in areas with sufficient moisture (E. 
Cypher, pers. comm. 1995). Considering the wide distribution and 
abundance of preferred habitat areas with relatively open surface area 
and low numbers of nonnative species, however, competition with 
nonnative grasses is not a threat to the long-term survival of E. 
hooveri.
    Eriastrum hooveri has been found in many more locations than were 
documented at the time of listing; it is more resilient and less 
vulnerable to certain activities, particularly impacts from grazing and 
oil and gas development, than was previously thought; and is protected 
on Federal, State, and private lands. BLM's management practices afford 
adequate protection to the species. Occurrences are also found on the 
2,863-ha (7,075-ac)

[[Page 13479]]

Occidental conservation area and six other preserves and natural areas 
managed variously by the BLM, CDFG, and other private entities.

Effects of the Rule

    If finalized, the proposed action would remove Eriastrum hooveri 
from the List of Endangered and Threatened Species. The threatened 
designation under the Act for this species would be removed. The 
prohibitions and conservation measures provided by the Act would no 
longer apply to this species. Therefore, taking, interstate commerce, 
import, and export of E. hooveri would no longer be prohibited under 
the Act. In addition, Federal agencies would no longer be required to 
consult with us to insure that any action they authorize, fund, or 
carry out is not likely to jeopardize the continued existence of E. 
hooveri. The take and use of E. hooveri must comply with State 
regulations. There is no designated critical habitat for this species.

Monitoring

    Section 4(g)(1) of the Act requires us to monitor a species for at 
least 5 years after delisting due to recovery. Since E. hooveri is 
being delisted based on new information, rather than recovery, the Act 
does not require us to monitor this plant following its delisting. 
Although this species is not being delisted due to recovery, its level 
of protection has met the recovery criteria outlined in the Draft 
Recovery Plan for Upland Species (Service 1998). The recovery strategy 
states that recovery of E. hooveri can be accomplished using public 
lands and other areas already dedicated for conservation with the goal 
of protecting populations throughout the species' range and at sites 
representing a variety of topographic areas and community types. The 
species is currently found on six preserves and natural areas, three 
BLM Areas of Critical Environmental Concern, and NPR-1 and -2. These 
areas contain portions of each of the four metapopulations and 
occurrences in the northernmost and the southernmost extent of the 
species' range. Monitoring will be conducted by the BLM at 
representative sites within each metapopulation to determine trends for 
5 years following delisting as part of their agreement to protect the 
species (E. Hastey, in litt. 1995).

Public Comments Solicited

    We intend that any final action resulting from this proposal will 
be as accurate and as effective as possible. Therefore, we solicit 
comments or suggestions from the public, other concerned governmental 
agencies, the scientific community, industry, or any other interested 
party concerning this proposed rule. We particularly seek comments 
concerning:
    (1) Biological, commercial trade, or other relevant data concerning 
any threat (or lack thereof) to Eriastrum hooveri;
    (2) Additional information concerning the range, distribution, 
location of any additional populations, and population size of this 
species; and
    (3) Current or planned activities in the subject area and their 
possible impacts on this species.
    Submit comments as indicated under ADDRESSES. If you wish to submit 
comments by e-mail, please submit these comments as an ASCII file and 
avoid the use of special characters and any form of encryption. Please 
also include ``Attn: [RIN number] 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 e-mail message, contact us directly 
by calling our Sacramento Fish and Wildlife Office at phone number 916-
414-6600. Please note that the e-mail address 
``<a href="/cdn-cgi/l/email-protection#60061751080f0f160512133f170f0f0c0c193f13140112200617134e070f16"><span class="__cf_email__" data-cfemail="2f49581e474040594a5d5c70584040434356705c5b4e5d6f49585c01484059">[email protected]</span></a>'' will be closed at the termination of 
the public comment period.
    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, as well as supporting information used 
to write this rule, will be available for public inspection, by 
appointment, during normal business hours at the above address.
    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.
    The Act provides for a public hearing on this proposal, if 
requested. Requests must be received within 45 days of the date of 
publication of the proposal. Such requests must be made in writing and 
addressed to the Field Supervisor, U.S. Fish and Wildlife Service, 
Sacramento Fish and Wildlife Office, 2800 Cottage Way, Suite W-2605, 
Sacramento, California 95825-1888.

Paperwork Reduction Act

    Office of Management and Budget (OMB) regulations at 5 CFR 1320, 
which implement provisions of the Paperwork Reduction Act, require that 
Federal agencies obtain approval from OMB before collecting information 
from the public. Implementation of this rule does not include any 
collections of information that require approval by OMB under the 
Paperwork Reduction Act.

National Environmental Policy Act

    We have determined that we do not need to prepare an Environmental 
Assessment, as defined under the authority of the National 
Environmental Policy Act of 1969, 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).

Executive Order 12866

    This rule is not subject to review by the OMB under Executive Order 
12866.

References Cited

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

Author

    The primary author of this proposed rule is Elizabeth Warne, 
Sacramento Fish and Wildlife Office, U.S. Fish and Wildlife Service 
(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 hereby 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:


[[Page 13480]]


    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 removing the entry for Eriastrum 
hooveri, Hoover's woolly star, under ``Flowering Plants'' from the List 
of Endangered and Threatened Plants.

    Dated: December 5, 2000.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 01-5288 Filed 3-5-01; 8:45 am]
BILLING CODE 4310-55-U


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