[Federal Register Volume 62, Number 25 (Thursday, February 6, 1997)]
[Proposed Rules]
[Pages 5560-5567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2876]
[[Page 5560]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC65
Endangered and Threatened Wildlife and Plants; Withdrawal of
Proposed Rule to List Parish's Meadowfoam, as Threatened, and Cuyamaca
Lake Downingia as Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; notice of withdrawal.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) withdraws the
proposal to list Cuyamaca Lake downingia (Downingia concolor var.
brevior) as an endangered species and Parish's meadowfoam (Limnanthes
gracilis ssp. parishii) as a threatened species under the Endangered
Species Act of 1973, as amended (Act).
The Service finds that information now available, discussed below,
justifies withdrawal of the proposed listings of these species as
endangered or threatened. Various local, State, and Federal agencies
have developed and approved a Conservation Agreement that provides
adequate protection for these species throughout a significant portion
of their range. This agreement is entitled: Conservation Agreement for
the Preservation of Cuyamaca Lake Downingia (Downingia concolor var.
brevior) and Parish's Meadowfoam (Limnanthes gracilis ssp. parishii).
The Helix Water District, Lake Cuyamaca Recreation and Park District,
California Department of Parks and Recreation (State Parks), California
Department of Fish and Game (CDFG), the Service, and the U.S. Forest
Service are signatories to the Conservation Agreement, which the
Service signed on August 5, 1996. The Conservation Agreement addresses
threats to both species and recovery actions through a combination of
measures. These measures address impacts resulting from alteration of
hydrology in the Cuyamaca Valley, grazing, recreational activities, and
off-road vehicle (ORV) access over the majority of the range of these
two plant species. Because implementation of the measures in this
conservation agreement significantly reduces the risks to Downingia
concolor var. brevior and Limnanthes gracilis ssp. parishii, the
Service concludes that listing is not warranted.
ADDRESSES: The complete file for this rule is available for public
inspection, by appointment, during normal business hours at the, U.S.
Fish and Wildlife Service, Carlsbad Field Office, 2730 Loker Avenue
West, Carlsbad, California, 92008.
FOR FURTHER INFORMATION CONTACT: Fred Roberts (see ADDRESSES section)
telephone 619/431-9440.
SUPPLEMENTARY INFORMATION:
Background
On August 4, 1994, the Service published in the Federal Register
(59 FR 39879) a proposal to list Downingia concolor var. brevior
(Cuyamaca Lake downingia) as endangered and Limnanthes gracilis ssp.
parishii (Parish's meadowfoam) as threatened. These species occur in
association with wetlands of the Peninsular Ranges of southwestern
California from the Santa Ana Mountains of extreme southwestern
Riverside County, south to the Laguna Mountains of southern San Diego
County, California. Both plants are restricted to grassy meadows or
drainages that are vernally wet (wet during the rainy season) with
saturated soil conditions and shallow pools for several weeks at a
time. In the vicinity of Lake Cuyamaca these shallow pools are
associated with drier mounds called mima mounds. This type of
physiography is referred to as montane meadow-vernal pool association.
Downingia concolor var. brevior is restricted to the Cuyamaca
Valley in the Cuyamaca Mountains of central San Diego County,
California. This locality also supports the largest concentration of
Limnanthes gracilis ssp. parishii. Although the vernal pool and mima
mound topography has been mostly obliterated, much of the unique
montane, vernal pool flora remains. This flora includes a number of
disjunct species that are more frequently associated with vernal pools
of central California or coastal San Diego County (e.g., Deschampsia
danthonioides (annual hairgrass), Blennosperma nanum (common
blennosperma)), or occur in highly restricted distributions in the
mountains of southern California (e.g., Delphinium hesperium ssp.
cuyamacae (Cuyamaca larkspur)) (Beauchamp 1986a, Winter 1991).
Downingia concolor var. brevior (Cuyamaca Lake downingia) was
described by McVaugh (1941) based on a collection by Abrams at Cuyamaca
Lake, Cuyamaca Mountains, San Diego County, California. Beauchamp
(1986b) elevated the plant to a subspecies following the suggestions of
Thorne (1978). However, Ayers (1993) recognized this plant as Downingia
concolor var. brevior, which is consistent with McVaugh's (1941)
treatment of this taxon.
Downingia concolor var. brevior is a member of the bellflower
family (Campanulaceae). This plant is a low, slightly succulent annual
herb, with stems 5 to 20 centimeters (cm) (2 to 8 inches (in)) long.
The flowers are blue and white with a 4-sided purple spot at the base
of the united petals. The fruit is 12 to 15 millimeters (mm) (0.5 in)
long and the seeds have linear striations (grooves). Downingia concolor
var. brevior blooms from May to July and sets seed from June to August.
The seeds are dispersed by flooding and require brief inundation for
germination (Munz 1974, Bauder 1992).
Downingia concolor var. brevior can be distinguished from the only
other two members of this genus that occur in southern California,
Downingia cuspidata and Downingia bella, by the form of the striations
on the seed, the color of the flower, and the hair or lack of hair on
the corolla lobes. It can be distinguished from the more northern
Downingia concolor var. concolor by the size of the fruit and how
rapidly the fruit splits open when the seeds are mature (Ayers 1993).
Downingia concolor var. brevior is restricted to a single
population at Lake Cuyamaca in the Cuyamaca Valley of San Diego County,
California, on private land owned by the Helix Water District, public
lands within Rancho Cuyamaca State Park and, to a lesser extent, other
private lands. Historically, the population of Downingia concolor var.
brevior was located throughout much of the valley floor. The plant has
now been largely restricted to the shore of the lake, extending onto
the valley floor only during dry years. From 1988 to 1992, one
population existed in the vicinity of Lake Cuyamaca, consisting of
between 9 and 24 stands. These stands occupied a total of less than 80
hectares (ha) (200 acres (ac)) and frequently occupied less than 40 ha
(100 ac). In years with little flowering, the total observed
distribution of Downingia concolor var. brevior is less than 0.4 ha (1
ac) (E. Bauder, in litt., October 1994). The number of individuals
within these stands, and the location and size of these stands vary in
any given year in response to rainfall, the extent of winter flooding,
and temperature (Bauder 1992).
Limnanthes gracilis ssp. parishii (Parish's meadowfoam) was first
described by Jepson (1936) as Limnanthes versicolor var. parishii. The
description was based on specimens collected by Parish at the Stonewall
Mine on the southern edge of the Cuyamaca Valley, San Diego County,
[[Page 5561]]
California. Mason (1952) recognized Limnanthes versicolor var. parishii
as Limnanthes gracilis var. parishii, based on flower and fruit
morphology. Beauchamp (1986b) elevated the plant to a subspecies to be
consistent with other treatments of this genus and noted the geographic
separation (over 1,200 kilometers (km) (744 miles (mi)) of the taxon
from Limnanthes gracilis ssp. gracilis, which is found in southern
Oregon.
Limnanthes gracilis ssp. parishii is a member of the meadowfoam
family (Limnanthaceae), a small family of wetland species found
primarily along the Pacific coast of North America. The plant is a low,
widely branching annual with stems 10 to 20 cm (4 to 8 in) long. The
leaves are 2 to 6 cm (0.8 to 2.3 in) long and divided. The flowers are
bowl-shaped, the petals are 8 to 10 mm (0.32 to 0.4 in) long with a
white or occasionally a cream-colored base that becomes pink (Ornduff
1993). The fruit is rough textured. Limnanthes gracilis ssp. parishii
blooms from April through May, setting seed in the late spring and
early summer. Germination requires saturated soils or inundation (Munz
1974, Bauder 1992).
Limnanthes gracilis ssp. parishii is restricted to moist montane
meadows, mudflats, and along stream courses in the Palomar, Cuyamaca,
and Laguna Mountains of San Diego County, California. An additional
small population is known from the Santa Rosa Plateau, Riverside
County, California. Fewer than 20 populations of this taxon exist. The
largest population occurs in the Cuyamaca Valley in the vicinity of
Lake Cuyamaca and Stonewall Creek where it is restricted to the shore
of Lake Cuyamaca at maximum inundation. About one third of this
population is on private land (including land owned by the Helix Water
District), one third is on California State Parks and Recreation lands,
and the remainder is on Forest Service land (E. Bauder, in litt.,
October 1994).
Historically, the Cuyamaca Valley population of Limnanthes gracilis
ssp. parishii occurred throughout much of the valley floor. Recently,
the Cuyamaca Valley population of Limnanthes gracilis ssp. parishii was
described as consisting of 100 stands by Bauder (1992), and 8 small
populations by the California Natural Diversity Data Base (CNDDB)
(1992). However, these smaller groupings are contiguous, separated by
less than 1.5 km (1 mi), and concentrated within a 9 square km (4
square mi) area. Approximately 120 ha (300 ac) of a potential 800 ha
(2,000 ac) of the Cuyamaca Valley and Stonewall Creek area are occupied
by Limnanthes gracilis ssp. parishii. The number of individuals and the
location and size of stands within this area varies in any given year
in response to rainfall, the extent of winter flooding, and temperature
(Bauder 1992). Under favorable conditions, Limnanthes gracilis ssp.
parishii can be a conspicuous element of the Cuyamaca Valley during the
spring bloom (Craig Rieser, Pacific Southwest Biological Services,
pers. comm., 1993).
Other populations of Limnanthes gracilis ssp. parishii are
generally smaller than the Cuyamaca Valley population, both in number
of individuals and the extent of occupied habitat. They range in size
from less than 2 ha (5 ac) to as much as 40 ha (100 ac), and most
populations contain fewer than 1000 individuals. However, at least 4 of
the 6 populations that occur on Forest Service lands contain 5,000 to
30,000 individuals and one extends over 60 ha (150 ac). A single
isolated population is located in vernal pools on the Santa Rosa
Plateau of southwestern Riverside County, California. This area of
approximately 2 ha (5 ac) is managed by The Nature Conservancy (TNC).
An unauthorized attempt to introduce the plant to National Forest lands
in the Laguna Mountains from seeds gathered from the Cuyamaca Valley
population (Winter 1991, CNDDB 1992) was unsuccessful (Forest Service,
in litt., September 1994).
Previous Federal Action
Federal government action on the two plants considered in this rule
began as a result of section 12 of the Act, which directed the
Secretary of the Smithsonian Institution to prepare a report on those
plants considered to be endangered, threatened or extinct. This report,
designated as House Document No. 94-51 and presented to Congress on
January 9, 1975, recommended Limnanthes gracilis var. parishii (=
Limnanthes gracilis ssp. parishii) for endangered status. The Service
published a notice in the July 1, 1975, Federal Register (40 FR 27823),
of its acceptance of the report as a petition within the context of
section 4(c)(2) (now section 4(b)(3)(A)) of the Act, and of the
Service's intention to review the status of the plant taxa named
therein, including Limnanthes gracilis ssp. parishii. The Service
published a proposal in the June 16, 1976, Federal Register (42 FR
24523) to determine approximately 1,700 vascular plants to be
endangered species pursuant to section 4 of the Act. Limnanthes
gracilis ssp. parishii was also included in this Federal Register
notice.
General comments received in response to the 1976 proposal were
summarized in an April 26, 1978, Federal Register (43 FR 17909).
Although the Act amendments of 1978 required all proposals over two
years old to be withdrawn, a one-year grace period was given to those
proposals published before the enactment of the 1978 amendments. In the
December 10, 1979, Federal Register (44 FR 70796), the Service
published a notice of withdrawal for that portion of the June 6, 1976,
proposal that had not been finalized including Limnanthes gracilis ssp.
parishii.
The Service published an updated Notice of Review of Plants in the
Federal Register on December 15, 1980 (45 FR 82480). This notice
included Downingia concolor var. brevior and Limnanthes gracilis ssp.
parishii as category 1 candidate taxa (species for which data in the
Service's possession were sufficient to support a proposal for
listing). On November 28, 1983, the Service published a supplement to
the Notice of Review of Plants in the Federal Register (48 FR 53640).
This notice was again revised on September 27, 1985 (50 FR 39526). Both
plant taxa were included in the 1983 and 1985 supplements as category 2
candidate taxa (species for which data in the Service's possession
indicated listing may be appropriate, but for which additional
biological information is needed to support a proposed rule). The plant
Notice of Review was again revised on February 21, 1990 (55 FR 6184),
and again on September 30, 1993 (58 FR 51144). Downingia concolor var.
brevior was included as a category 1 candidate taxon, and Limnanthes
gracilis ssp. parishii as a category 2 candidate taxon in both notices.
On February 28, 1996, the Service published a Notice of Review in the
Federal Register (61 FR 7596) that discontinued the designation of
category 2 species as candidates, which included both species as
candidates for listing.
Section 4(b)(3)(B) of the Act as amended in 1982, requires the
Secretary to make findings on pending petitions within 12 months of
their receipt. Section 2(b)(1) of the 1982 amendments further requires
that all petitions pending on October 13, 1982 be treated as having
been newly submitted on that date. This was the case for Limnanthes
gracilis ssp. parishii because the 1975 Smithsonian report had been
accepted as a petition. On October 13, 1983, the Service found that the
petitioned listing of this species was warranted, but precluded by
other pending listing proposals of higher priority pursuant to section
4(b)(3)(B)(iii) of the Act.
[[Page 5562]]
Notification of this finding was published in the Federal Register on
January 20, 1984 (49 FR 2485). Such a finding requires the petition to
be recycled, pursuant to section 4(b)(3)(C)(I) of the Act. The finding
was reviewed annually in October of 1984 through 1992.
The Service made a final ``not warranted'' finding on the 1975
petition with respect to Limnanthes gracilis ssp. parishii and 864
other species in the December 9, 1993, Federal Register (58 FR 64828).
One reason was cited as the basis for this finding on this species:
data was not then available to the Service in late summer 1993 relating
to current threats (i.e., one of the five factors described within the
proposed rule under 50 CFR 424.11) throughout a significant portion of
the species'' range. The species was retained in category 2 on the
basis that it may be subject to extinction or endangerment from
uncontrolled loss of habitat or from other man-caused changes to its
environment (58 FR 64840). In early 1994, the Service obtained
completed survey and other data that adequately described those factors
that placed Limnanthes gracilis ssp. parishii at risk of extinction.
On December 14, 1990, the Service received a petition dated
December 5, 1990, from Mr. David Hogan of the San Diego Biodiversity
Project, to list Downingia concolor ssp. brevior (=D. c. var. brevior)
as an endangered species. The petitioner also requested the designation
of critical habitat for this species. The Service evaluated the
petitioner's requested action for Downingia concolor var. brevior and
published a 90-day finding on August 31, 1991 (56 FR 42966) that
substantial information existed indicating that the requested action
may be warranted.
A proposed rule to list Downingia concolor var. brevior as
endangered and Limnanthes gracilis ssp. parishii as threatened was
published in the Federal Register on August 4, 1994 (59 FR 39879). The
Service extended the public comment period to October 31, 1994 and held
a public hearing on October 19, 1994, in Rancho Bernardo, California
(59 FR 49045). On April 10, 1995, Congress enacted a moratorium
prohibiting work on listing actions (Public Law 104-6) and eliminated
funding for the Service to conduct final listing actions. The
moratorium was lifted on April 26, 1996, by means of a Presidential
waiver, at which time limited funding for listing actions was made
available through the Omnibus Budget Reconciliation Act of 1996 (Public
Law 104-134, 100 Stat. 1321, 1996). The Service published guidance for
restarting the listing program on May 16, 1996 (61 FR 24722).
This withdrawal notice is in accordance with the listing priority
guidance for fiscal year 1997 published on December 5, 1996 (61 FR
64475). The processing of a proposed listing, including the completion
of a withdrawal notice, is a Tier 2 action under this guidance (61 FR
64479).
Development of a Conservation Agreement
Immediately prior to the Service's decision to propose Downingia
concolor var. brevior for listing as endangered and Limnanthes gracilis
ssp. parishii for listing as threatened, the Helix Water District
initiated an effort to address conservation measures required to
provide adequate protection of three plant taxa, including the two
plants in this notice. Helix Water District manages the largest
populations of both plant taxa. During the late summer and fall of
1994, the effort was expanded to include various local, State, and
Federal agencies with the intent of producing a Memorandum of
Understanding (MOU) that would provide adequate protection for these
species throughout a significant portion of their ranges. Development
of the MOU included guidance from local botanical experts familiar with
these two rare plants. The resulting MOU and Conservation Agreement
were signed by the Service on August 5, 1996. Signatories to the
agreement include: the Helix Water District, Lake Cuyamaca Recreation
and Park District, State Parks, California Department of Fish and Game
(CDFG), the Service, and Forest Service. The Conservation Agreement
addresses over 80 percent of the remaining Downingia concolor var.
brevior population (Helix Water District, Lake Cuyamaca Recreation and
Park District, and State Parks) and about 70 percent (as above and
including U.S. Forest Service lands) of the Limnanthes gracilis ssp.
parishii populations.
Under the terms of the Conservation Agreement, the Helix Water
District and Lake Cuyamaca Recreation District have agreed to monitor
and manage inundation of Downingia and Limnanthes habitat, control
recreational access, and exclude livestock grazing of this habitat by
maintaining fences. Helix Water District also will not transfer water
from Lake Cuyamaca into the habitat for these species without prior
consultation with CDFG and the Service.
Helix Water District and the Lake Cuyamaca Recreation District have
identified sensitive areas for Downingia concolor var. brevior and
Limnanthes gracilis ssp. parishii. These areas include the majority of
the largest stands of these taxa within the eastern basin of the
Cuyamaca Valley above the dike. No activities that impact these species
are allowed within these sensitive areas. To the extent practicable,
the Helix Water District, Lake Cuyamaca Recreation and Park District,
State Parks and the Forest Service will relocate trails away from
Limnanthes and Downingia habitat. Land management signatories also have
agreed to allow monitoring of the status of these two taxa.
The Helix Water District, Lake Cuyamaca Recreational and Park
District, and State Parks also will exclude livestock grazing and avoid
activities that could result in erosion on Limnanthes and Downingia
habitat. The Forest Service, conforming with a 1991 Habitat Management
Plan for Limnanthes gracilis ssp. parishii, will continue to monitor
and manage grazing activities to reduce impacts to the species.
Additionally, under the Conservation Agreement, Helix Water District,
Lake Cuyamaca Recreational and Park District, and State Parks agree to
fully comply with California Environmental Quality Act (CEQA)
requirements, section 404 of the Federal Clean Water Act, and section
1603 of the CDFG Code regarding projects that may affect these species.
These parties also agree to consult with CDFG and the Service for
activities that are beyond the normal activities of these agencies as
defined in the Conservation Agreement. The Conservation Agreement will
remain in effect until after August 1999. At the end of this period,
the Conservation Agreement must be reviewed and either modified,
renewed, or terminated. If the Conservation Agreement is terminated,
the status of Downingia concolor var. brevior and Limnanthes gracilis
var. parishii will be reassessed by the Service. If the Service
determines at any time, that additional Federal protection is
warranted, the Service will take appropriate listing action under the
Act.
The Service believes that the Conservation Agreement ensures the
implementation of conservation measures that reduce the threats to
Downingia concolor var. brevior and Limnanthes gracilis ssp. parishii
to the point that listing is not warranted. The Service therefore
withdraws the proposal to list Downingia concolor var. brevior as
endangered, and Limnanthes gracilis ssp. parishii as threatened.
Public Comments on the Proposed Rule
In the August 4, 1994, proposed rule (59 FR 39879), the Federal
Register
[[Page 5563]]
notification of a public hearing (59 FR 49045), and during two comment
periods (August 4 to September 19, 1994, and September 26 to October
31, 1994), all interested parties were requested to submit factual
reports or information to be considered in making a final listing
determination. Appropriate Federal and State agencies, local
governments, scientific organizations, and other interested parties
were contacted and asked to comment. Legal notices of the availability
of the proposed rule were published in the Riverside Press Enterprise
and San Diego Union Tribune on August 13, 1994. A legal notice of the
public hearing which invited general public comment was published in
the Union Tribune on September 29, 1994.
The Service received 23 written and oral comments. Of the 23
comments, 10 supported the proposed action, 9 opposed it, and 4 stated
neither support nor opposition. The Service held a public hearing on
October 19, 1994, at the Radisson Hotel in Rancho Bernardo, California.
The hearing was conducted to allow comments on two additional proposed
rules, which addressed the San Diego fairy shrimp (Branchinecta
sandiegonensis), the Laguna Mountain skipper (Pyrgus ruralis lagunae)
and the quino checkerspot (Euphydryas editha quino). A total of 24
individuals provided oral testimony. Fifteen of those individuals
provided testimony regarding the proposed rule to list Downingia
concolor var. brevior and Limnanthes gracilis ssp. parishii
Written and oral comments are incorporated into this withdrawal
where appropriate. Two commenters recommended that a cooperative effort
be made by all affected agencies to protect the species. About half the
comments were directly related to the status of these plants in the
Cuyamaca Valley. Many of the comments supporting or neutral to the
listing provided substantive factual information that documented risks
to these taxa, or provided additional background data. Substantive
comments opposing the listing generally discussed the adequacy of
existing regulatory mechanisms then in place to protect these plants,
or the proposed Multispecies Conservation Plan (MSCP) of coastal San
Diego County. Both species are outside the MSCP planning area. Because
of the development and signing of the Conservation Agreement, which
covers a majority of the known populations of both plants, a commitment
to the conservation of these plants has been assured, rendering most of
the comments addressing threats to the species as moot, outdated, or
otherwise irrelevant to this withdrawal notice. The Service carefully
considered all comments submitted relevant to this decision to withdraw
the proposed listing. Comments submitted are available for review at
the Carlsbad Field Office (see ADDRESSES section).
Summary of Factors Affecting the Species
The Service must consider five factors described in section 4(a)(1)
of the Act when determining whether to list a species. These factors,
and their application to the Service's decision to withdraw the
proposal to list Downingia concolor E. Greene var. brevior McVaugh
(Cuyamaca Lake downingia) and Limnanthes gracilis Howell ssp. parishii
(Jepson) Beauchamp (Parish's meadowfoam), are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. Impacts that result in the loss,
degradation, and fragmentation of vernally moist wet meadows have
contributed to the decline of Limnanthes gracilis ssp. parishii and
Downingia concolor var. brevior. The habitat for both plants also has
been threatened by alterations of hydrology, recreational developments,
off-road vehicle (ORV) use, trampling, and the introduction of exotic
plants.
The Conservation Agreement addresses factors described above that
result in threatened destruction, modification, and reduction of
habitat loss (see discussion under previous section titled
``Development of a Conservation Agreement''). The Service considers the
required actions by the Helix Water District, Lake Cuyamaca Recreation
and Park District, State Parks, and the Forest Service under the
Memorandum of Understanding within the Conservation Agreement to be
adequate for conservation and recovery of the two plants. Actions
required under the Conservation Agreement terminate or minimize the
impacts to habitat from inundation, recreational activities, off-road
vehicle access, and the indirect effects of these activities on
Downingia concolor var. brevior and Limnanthes gracilis ssp. parishii.
Hydrological Alteration
Historically, montane wet meadow and vernal pool habitats were much
more abundant in the Peninsular Ranges of San Diego County (Winter
1991). The wet meadows surrounding Lake Cuyamaca reservoir support the
most significant populations of Limnanthes gracilis ssp. parishii and
Downingia concolor var. brevior. Nearly the entire Cuyamaca Valley was
originally a montane meadow-vernal pool complex, except the western
end, which supported a small marsh (Bauder 1992, Ball 1994). Dredging
during dam construction in 1886-1887 altered the natural topography of
the valley, the western marsh, and the valley's vernal pools. Mima
mounds were likely excavated since ``much of the earth used for the dam
was taken from the meadow north of the dam and from the valley floor''
(Allen and Curto 1987). Later, 160 ha (400 ac) of the valley outside
the reservoir was leased from Helix Water District and planted in
grain.
Further loss of wet meadow habitat can result from excessive water
inundation at Lake Cuyamaca reservoir and within Cuyamaca Valley above
the dike. Studies of Limnanthes gracilis ssp. parishii and Downingia
concolor var. brevior, conducted between 1988 and 1992, have
demonstrated that these species cannot tolerate long periods of out-of-
season inundation and are currently absent entirely from areas with
long duration impoundment (E. Bauder, in litt., October 1994). The
reservoir provides domestic water, flood control, and recreational
activities such as fishing and duck hunting. These uses are
administered through agreements between the Helix Water District, the
City of San Diego's El Capitan Reservoir, and Lake Cuyamaca Recreation
and Park District (Bauder 1992). Approximately 81 ha (150 ac) of
potential meadow habitat are permanently inundated. The system of dikes
built in 1967 allows an additional 273 ha (675 ac) to be inundated for
extended periods of time during periods of high precipitation, a
condition that has occurred as recently as 1993 (Hugh Marx, Lake
Cuyamaca Recreation and Park District Manager, pers. comm., 1993).
Limnanthes gracilis ssp. parishii is less able to recover from
excessive inundation than Downingia concolor var. brevior, as shown by
the lack of re-establishment in areas of previous inundation (Bauder
1992).
Under terms of the Conservation Agreement, the Helix Water District
will closely monitor the status of inundation in the eastern basin
within the Cuyamaca Valley above the dike. This area functions as
habitat to the largest populations of Downingia concolor var. brevior
and Limnanthes gracilis ssp. parishii and is inundated to varying
degrees dependent on rainfall and pumping activities by Helix Water
District. While under normal operating conditions, Helix Water District
generally has removed most of the water from the east basin by May 15.
However, in wet years, the basin can remain
[[Page 5564]]
flooded for longer periods. Additionally out-of-season flooding of the
east basin has occurred. Extended inundation retards seed germination
(Bauder 1992). Under section III.B.2.b of the MOU, Helix Water District
has committed to remove water from the east basin by May 15 of each
year. On April 1, Helix Water District will advise CDFG and the Service
on the status of water transfer from the east basin. Operations that
result in flooding of the east basin out-of-season are considered
activities that occur beyond normal operations. Under section IV.B of
the MOU, CDFG and the Service must be consulted prior to any non-
routine operation that may result in extended or out-of-season
inundation of Downingia and Limnanthes habitat.
A variety of indirect impacts are associated with the diversion of
water entering the Lake Cuyamaca reservoir basin. Diversion can result
in the alteration of small drainages by down cutting and streambank
erosion, which contributes to the loss of potentially suitable habitat
upstream of Lake Cuyamaca. Fluctuating lake levels also can increase
channel erosion by changing the gradient and velocity of surrounding
drainages. Erosion can further be intensified by a decrease in
groundwater levels caused by numerous wells in the area. However,
significant erosion resulting from fluctuating lake levels is not
apparent at this time (Ball 1994). Roads without adequate culverts also
divert water flow. Road maintenance and herbicidal weed abatement often
precludes the re-establishment of seeds in areas of suitable habitat
(Bauder 1992). In addition, the alteration of hydrology in Cuyamaca
Valley promotes the invasion of alien species (e.g., Polygonum sp.
(knotweed) and Potentilla norvegica (rough cinquefoil), or favors
replacement by more disturbance tolerant native species (e.g.,
Polygonum amphibium (water smartweed), Juncus xiphoides (iris-leaved
rush), and Ranunculus aquatilus (buttercup)) (E. Bauder, in litt.,
October 1994, L. Henrickson, in litt., October 1994). These indirect
effects can have significant, long-term impacts on the meadow habitats
and associated sensitive plant species.
Erosion damage resulting from water diversion and road maintenance
must be minimized under terms of the Conservation Agreement. According
to section III.B.2.c.(4), the Forest Service, Helix Water District,
Lake Cuyamaca Recreation and Park District, and State Parks must
cooperate in minimizing siltation and erosion on their lands to the
extent practicable. Any such operations must be coordinated with CDFG
and the Service. Any activities that take place beyond normal
operations that result in water diversion related erosion would first
require consultation with CDFG and the Service per section IV.B of the
MOU. Water diversion will continue to occur unmonitored in areas that
are not covered by the Conservation Agreement. Impacts in these areas,
however, will not significantly affect the overall status of these
plant taxa because these areas comprise only a small proportion of the
total populations.
Applications of herbicidal weed treatments at Lake Cuyamaca are
normal operations of the Lake Cuyamaca Recreation and Park District
that could affect these two rare plant taxa. However, as stated in the
Conservation Agreement, application of herbicides is being restricted
to Cuyamaca Lake in the west basin. Any application of herbicides in
the east basin would be considered beyond normal operations and thus
the Lake Cuyamaca Park and Recreation district would consult CDFG and
the Service prior to taking such action per section IV.B of the MOU.
Implementation of the above actions reduces the indirect effects of
habitat modification that can result in alien plant species
competition, or replacement by more tolerant and versatile native
species that may displace rare plant species.
Recreation
Direct loss of both species' habitat from recreational activities
has been substantial. In many cases, loss of habitat for both species
has benefited from the construction of recreational facilities. Traffic
from ORVs, horses, and hikers in the Laguna Mountains meadows
indirectly impact Limnanthes gracilis ssp. parishii by altering the
composition of the plant community over time. Such damage frequently
occurs in spring when the soils are saturated and subject to compaction
(Winter 1991). Loss and modification of Limnanthes gracilis ssp.
parishii habitat has been documented as a result of trampling, erosion,
and alteration of hydrology at most of the locations occupied by this
species (Bauder 1992).
Under terms of the Conservation Agreement, traffic from ORVs and
other recreational activities must be minimized or eliminated. Helix
Water District and the Lake Cuyamaca Recreation and Park District are
required to monitor and repair fencing in a timely manner to prevent
human trespassing within sensitive species habitat (MOU section
III.B.2.b). No recreational activities are allowed within designated
sensitive areas. The Forest Service and the Al-Bahr Shrine Camp (a
manager of a private inholding) will jointly maintain fencing to
exclude vehicle traffic from sensitive species habitat (MOU section
III.B.6.e). Within the National Forest, as per existing Habitat
Management Guidelines (Forest Service 1991), hikers and riders are
restricted to existing trails. State Parks is examining activities at
Los Caballos Horse Camp to determine how impacts to these species can
be reduced or eliminated (MOU section III.B.2.e.(10)). While some
recreational impacts and ORV activity will persist in areas not under
jurisdiction of the Conservation Agreement, these areas do not contain
large populations and these impacts will not be significant to the
overall status of the two species.
Development
Direct loss of both species' habitat has taken place as result of
recreational development, trail construction, and reservoir
development. However, significant additional development within the
habitat of these two species is not anticipated. Within areas covered
by the Conservation Agreement, Helix Water District and the Cuyamaca
Lake Recreation and Park District have agreed that no activities
detrimental to these species will occur within designated sensitive
areas. Future development is not identified as ``normal operations'' on
Helix Water District, State Park, or Forest Service lands. Development
activities would be beyond normal operations and these agencies would
consult with CDFG and the Service prior to taking actions that would
harm these species. While these conditions would not apply on private
lands managed by owners that are not signatories to the Conservation
Agreement, the majority of the Limnanthes gracilis ssp. parishii
populations are on inholdings within the National Forest and are not
likely to be subject to significant development. Development could take
place on private lands outside Helix Water District lands that support
Downingia concolor var. brevior. These lands are adjacent to a major
highway and are not National Forest inholdings. However, these
populations represent less than 20 percent of the total known
populations of this species. Development in these areas may also be
restricted under regulations pertaining to water quality within the
Cuyamaca Valley watershed.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Overutilization is not known to be a threat to
the two plant taxa under consideration in this withdrawal.
[[Page 5565]]
C. Disease or predation. Disease is not known to be a factor
affecting the taxa considered in this rule. Grazing by cattle was
identified as a threat in the proposed rule. Consumption of individual
plants by grazing animals has been known to impact the reproduction of
these annual plants and has had other effects, such as trampling,
erosion (see Factor A) and the introduction of non-native species (see
Factor E). The extent of grazing impacts has been declining over time.
Grazing was discontinued on Helix Water District-owned lands at Lake
Cuyamaca in 1988 when water quality issues were raised and Downingia
concolor var. brevior was believed to be extinct as a result of grazing
(David Hogan, San Diego Biodiversity Project, in litt., 1990; Larry
Hendrickson, Friends of Cuyamaca Valley, in litt., 1994). The plant re-
established itself in the following season (Bauder 1992). Livestock
grazing was terminated in Rancho Cuyamaca State Park in 1956, with the
exception of a 16 ha (40 ac) inholding that was grazed until 1980 when
it was acquired by the State Park. Following the adaption of a 1991
Habitat Management Guide for montane meadows and riparian areas, the
Forest Service implemented a late season grazing regime (after
meadowfoam plants have set seed); during the 4 subsequent years of
monitoring no significant effects of grazing on Limnanthes. gracilis
ssp. parishii have been detected (Forest Service, in litt., September
1994). The Conservation Agreement specifically addresses grazing
impacts and assures that grazing practices will not take place on Helix
Water District lands or California Parks and Recreation Lands. On
Forest Service lands, the management plan limits the number of animals
grazing and controls the timing and duration of grazing so as to
minimize impacts on Limnanthes gracilis ssp. parishii. The management
plan also requires monitoring of the population status of the plant.
D. The inadequacy of existing regulatory mechanisms. The Service
evaluated existing Federal, State, and local regulatory mechanisms
prior to preparing the proposed rule for listing the two plant taxa.
The Service found evidence of inadequacy of the existing regulatory
mechanisms at that time. These regulatory mechanisms included: (1)
Listing under the California Endangered Species Act (CESA); (2) the
California Environmental Quality Act (CEQA) and National Environmental
Policy Act (NEPA); (3) conservation provisions under the section 404 of
the Federal Clean Water Act and Section 1603 of the California Fish and
Game Code, (4) occurrence with other species protected by the Act; (5)
land acquisition and management by Federal, State, or local agencies,
or by private groups and organizations, and (6) local laws and
regulations. The Service believes that actions prescribed and
implemented in the Conservation Agreement are sufficient to assure that
adequate regulatory mechanisms protect these two plant taxa.
The California Fish and Game Commission has listed Downingia
concolor var. brevior and Limnanthes gracilis var. parishii as
endangered under the Native Plant Protection Act (NPPA) (Div. 2,
chapter 10, section 1900 et seq. of the CDFG Code) and the CESA.
Projects that have impacted these species have occurred, however,
without coordination with the State, or without the State's knowledge.
While some decline is anticipated to continue, the majority of
populations of both species receive the benefits of the Conservation
Agreement, which already has resulted in increased coordination with
the State and recognition by land managers.
The CEQA (Public Resources Code, section 21000 et seq.) requires
full disclosure of the potential environmental impacts of proposed
projects. The public agency with the primary authority or jurisdiction
over the project is designated as the lead agency and is responsible
for conducting a review of the project and for consulting with the
other agencies concerned with the resources affected by the project.
Section 15065 of the CEQA Guidelines requires a finding of significance
if a project has the potential to ``reduce the number or restrict the
range of a rare or endangered plant or animal.'' However, even if
significant effects are identified, the lead agency has the option to
require mitigation through changes to the project or to decide that
``overriding social and economic considerations'' make mitigation not
feasible (California Public Resources Code, Guidelines, section 15093).
In the latter case, projects may be approved that cause significant
environmental damage, such as destruction of an endangered plant
species. Protection of listed plant species under CEQA is therefore
dependent upon the discretion of the lead agency.
Cuyamaca Recreation and Park District is the lead agency that is
empowered to uphold and enforce CEQA regulations at Cuyamaca Lake.
State Parks is the lead agency that is empowered to uphold and enforce
CEQA regulations at Rancho Cuyamaca State Park. While these agencies
have not consistently complied with CEQA requirements for projects that
have affected Downingia and Limnanthes, under terms of the Conservation
Agreement these agencies have agreed to use the State clearinghouse for
full agency circulation and public review of all new projects requiring
CEQA compliance that affect the sensitive habitats surrounding Lake
Cuyamaca (MOU section III.B.2.c.(7)). Although protection of the
species remains at the discretion of the lead agency, this agency is a
signatory to the Conservation Agreement and is thereby obligated to
protect the species. In addition, the use of the State clearinghouse
will facilitate agency and public review, and comment on any proposed
actions which might impact the species.
While CEQA pertains to projects on non-Federal land, the National
Environmental Policy Act (NEPA) (42 U.S.C. 4321 to 4347) requires
disclosure of the environmental effects of projects within Federal
jurisdiction. Species that are listed by the State, but not proposed or
listed as threatened or endangered by the Federal government, are not
protected when a proposed Federal action meets the criterion for a
``categorical exclusion.'' NEPA requires that each of the project
alternatives recommend ways to ``protect, restore and enhance the
environment'' and ``avoid and minimize any possible adverse effects''
when implementation poses significant adverse impacts. However, it does
not require that the lead agency select an alternative with the least
significant impacts to the environment (40 CFR 1500 et seq.). Federal
actions that may affect Federal threatened or endangered species
require consultation with the Fish and Wildlife Service under section 7
of the Endangered Species Act and must avoid jeopardizing the continued
existence of a listed plant species.
The Cuyamaca Recreation and Park District also is subject to NEPA
for recreational improvements that are funded through the Federal Land
and Water Grant, a program that is administered by the National Park
Service through the California Department of Parks and Recreation. Such
projects would require NEPA review.
Land-use planning decisions at the local level are made on the
basis of environmental review documents prepared in accordance with
CEQA or NEPA that often do not adequately address ``cumulative''
impacts to non-listed species and their habitat. State listed species
receive no special
[[Page 5566]]
consideration under NEPA. However, under the terms of the Conservation
Agreement, both plant taxa receive special consideration that offers
additional protective benefits that are not normally applied to non-
listed species. For example, as specified in section IV of the MOU, for
actions on lands managed by the signatory agencies that are beyond the
normal operations as defined under section I of the MOU, agencies must
consult with CDFG and the Service. This provides the opportunity for
CDFG and the Service to recommend modifications or alternative actions
to avoid or minimize potential impacts to the species for actions
beyond normal operations. It also provides an early warning for any
inadequacies in the MOU which need to be addressed in future
conservation agreements.
The Service has considered the adequacy of NEPA and CEQA in regards
to protecting these species. While inadequacies will continue to exist,
the Service has determined that the implementation of the Conservation
Agreement significantly reduces the risk of extinction for both plant
species. While the Conservation Agreement does not apply to all
populations, those populations that are not covered represent less than
30 percent of either species and many of these populations are on
private inholdings within the National Forest where major projects are
not likely to occur.
Section 1603 of the California Fish and Game Code authorizes the
CDFG to regulate streambed alteration. The CDFG must be notified and
approve any work that diverts, alters, or obstructs the natural flow or
changes the bed, channel, or banks of any river, stream, or lake. The
CDFG does not consider the creation of wetlands for duck habitat to be
regulated under section 1603. Thus a streambed alteration permit was
not required for flooding the streambed above Cuyamaca Lake reservoir
for that purpose. Because the dam has been used continuously since its
construction in 1886, and the dike has been in place since 1967,
justification for their use has been grand fathered into law.
Similar activities are regulated by the Army Corps of Engineers
under section 404 of the Clean Water Act. Under section 404 there are
no specific provisions that adequately address species that are not
listed under the Act. While neither Downingia concolor var. brevior or
Limnanthes gracilis ssp. parishii are listed under the Act, the
protections under the Conservation Agreement adequately offset these
inadequacies. Section III.B.2.c.(8) of the MOU requires signatories to
comply with the full extent of both the Clean Water Act and the Act.
Inundation status is being monitored and signatory agencies must
consult with CDFG and the Service on actions that are beyond normal
operations which could alter drainages. Signatory agencies must also
coordinate with the Service and CDFG on the use of herbicide
application in sensitive wetlands, which is not regulated under section
404. Helix Water District and Lake Cuyamaca Recreation and Park
District have also agreed to avoid all activities within sensitive
areas that could alter hydrology.
Additional alterations requiring a 1603 permit or a 404 permit
could occur on many drainages that support Limnanthes gracilis ssp.
parishii and Downingia concolor var. brevior. Most of these are under
management of the signatories of the Conservation Agreement. However
the Service has determined that any impacts from such additional
alterations would occur to only a small proportion of the populations
of the species and therefore would not significantly put at risk the
survival of either species.
No federally listed species inhabit vernally wet meadows in the
Peninsular Ranges of southern California. Therefore these two species
receive no Federal regulatory protection from sympatry with listed
species. Limnanthes gracilis ssp. parishii is recognized as a
``sensitive species'' (Winter 1991). The Cleveland National Forest has
policies to protect sensitive plant taxa under its jurisdiction. The
policies include attempting to establish such species in unoccupied but
suitable or historic habitat, encouraging land ownership adjustments to
acquire and protect sensitive plant habitat, conserving meadow water
tables, and protecting meadow habitats (Winter 1991). Alone, these
policies have not been entirely effective but, combined with the
benefits afforded by the Conservation Agreement, the Service considers
the policies adequate for species protection on Forest Service lands.
Actions taken by the Forest Service include placing interpretive signs
and fences at the Al Shrine Camp, Prado Campgrounds, and Morris Ranch
Meadow to reduce trampling impacts. In addition, an alternative
location for a proposed campground at Filaree Flat is being considered
to avoid impacts to Limnanthes gracilis ssp. parishii. A late season
grazing regime has been enacted at several of these Meadows (Winter
1991; D. Volgrano, Forest Service, pers. comm., 1993). The Service
acknowledges that fencing sensitive habitat areas minimizes impacts but
does not prevent entry by hikers or mountain bikers. In some cases,
plants that remain unprotected within campgrounds are severely trampled
by campers. However, these impacts are restricted to a small number of
plants and, when considered with protections for other populations,
will not place the plant at risk of extinction.
State Parks has eliminated grazing from meadows containing
Limnanthes gracilis ssp. parishii at Rancho Cuyamaca State Park. Other
impacts to the species and their habitat continue to occur in this
area, including trampling by horses, unauthorized trails, vehicle
parking, ORV use, diversion of water flow, erosion, channelization, and
water impoundment. Such impacts have been addressed in the Conservation
Agreement which is currently being implemented. The Service concludes
that, as a result of the implementation of this agreement, the risks to
both plant species have diminished to the point that these impacts no
longer contribute significantly to the decline of these species. For
example, under section III.B.2.c.(4) of the MOU, State Parks must
cooperate with CDFG and the Service in minimizing siltation and erosion
on their land to the extent practicable. Under section III.B.2.c.(10)
of the MOU, State Parks must review activities at Los Caballos Horse
Camp to determine how impacts to these plants can be reduced or
eliminated.
The Santa Rosa Plateau Preserve is managed by The Nature
Conservancy for long-term protection of sensitive species. A single,
small population of Limnanthes gracilis ssp. parishii is located within
the preserve.
While the existing regulatory mechanisms alone may not be entirely
adequate for protection of these species, the Service has determined
that the combination of these regulations and the actions being
implemented in the Conservation Agreement signed in 1996 is adequate to
eliminate the risk of extinction for these species.
E. Other natural or manmade factors affecting its continued
existence. The genetic variability of populations of Downingia concolor
var. brevior may be depressed by virtue of its restricted distribution.
The likelihood of finding a normal distribution of genetic variability
is reduced in small populations (Jensen 1987). Reduced genetic
variability may lower the ability of these populations to survive. The
potential for local extirpation due to genetic complications in small
population size can be increased by environmental conditions such as
drought and flooding (Gilpin and Soule'' 1986). In the case of
Downingia
[[Page 5567]]
concolor var. brevior, the species is restricted to a single valley.
However, there is no evidence that genetic problems exist in the
species.
Due to their accessibility, populations of these two taxa are
particularly vulnerable to trampling. As discussed under factor A
above, trampling from cattle occurs in meadows occupied by Limnanthes
gracilis ssp. parishii and Downingia concolor var. brevior in the
National Forest and private land holdings. As discussed under factor D
in the proposed rule (59 FR 39882-39884), several measures were
initiated during the past decade to protect the vernally wet meadow
ecosystem and associated sensitive plant species at Cuyamaca State Park
and the Cleveland National Forest. The Conservation Agreement
reenforces these measures and the Service believes that the threat from
trampling by hikers and horses has been significantly reduced.
Trampling is specifically addressed under section III.B. of the MOU, as
described under Sensitive Habitat Areas (Appendix A), which excludes
activities that might result in trampling from specified areas; section
III.B.2.b. of the MOU obligates Helix Water District through monitoring
and fence repair to prevent human trespassing and grazing on its lands;
and section III.B.2.c. of the MOU, which excludes cattle from sensitive
habitat in the growing season, establishes cattle exclosures, fencing
in the vicinity of camp sites, and requires monitoring of sensitive
areas.
Introduced species of grasses and forbs have invaded many of
Californian plant communities. Such weedy species can displace the
native flora by out-competing them for nutrients, water, light, and
space. Weedy plant invasions are facilitated by disturbances such as
grazing, urban and residential developments, and various recreational
activities. Introduced weeds have become established in many portions
of the Laguna Mountains and thereby reduce the amount of suitable
habitat for native plant species (Sproul 1979). For example, the
invasion of exotic species including Polygonum sp. (knotweed), Lolium
perenne (ryegrass), and Poa pratensis (Kentucky bluegrass), and
Potentilla norvegica (rough cinquefoil) has altered the composition of
habitats supporting the two plant taxa (Sproul 1979; E. Bauder, in
litt., October 1994, L. Henrickson, in litt., October 1994). Although
actions required by the Conservation Agreement that reduce impacts from
grazing, trampling, and minimizes alteration will not eliminate all
threats from aggressive plant species competition, it will make
conditions less favorable to these aggressive species.
Grazing by livestock typically changes the composition of native
plant communities by reducing or eliminating species that cannot
withstand trampling and predation (see Factors A and C), and enabling
more resistant (usually exotic) species to increase in abundance. Seed
from non-sterile hay and animal feces increases the likelihood of
invasion of exotic species and prevents re-establishment of native
plants. Exotic species may flourish with grazing and may reduce or
eliminate native plant species through competition for resources.
Grazing is considered to be a threat to all populations of Limnanthes
gracilis ssp. parishii within the Cleveland National Forest, primarily
as a result of trampling and the invasion of non-native species into
sensitive plant habitats (Winter 1991).
In response to these threats, however, the Conservation Agreement
(see ``Development of a Conservation Agreement'') mandates that grazing
be strictly excluded from Helix Water District and State Parks land. In
addition, grazing is managed and monitored on Forest Service lands to
minimize impacts to the two plant taxa. The Service believes that these
conditions of the Conservation Agreement have significantly reduced the
threats from grazing and will permit the development of management
techniques deemed necessary for the conservation of the species.
Finding and Withdrawal
Downingia concolor var. brevior and Limnanthes gracilis ssp.
parishii are restricted to the Peninsular Ranges of southwestern
California from the Santa Ana Mountains of extreme southwestern
Riverside County, south to the Laguna Mountains of southern San Diego
County, California. They occur in grassy meadows or drainages that are
vernally wet (wet during the rainy season) with saturated soil
conditions and shallow pools for several weeks at a time. Downingia
concolor var. brevior is restricted to the Cuyamaca Valley in the
Cuyamaca Mountains of central San Diego County, California. This
locality also supports the largest concentration of Limnanthes gracilis
ssp. parishii, which is more widely distributed.
The proposed rule identified alteration of wetland hydrology,
cattle grazing, recreational activities, recreational development,
inadequate regulatory mechanisms, and off-road vehicle activities as
the primary threats to these two plant taxa. A Conservation Agreement
initiated by Helix Water District in 1994 and finalized in August 1996,
which includes the Helix Water District, Lake Cuyamaca Recreation and
Park District, State Parks, the Forest Service, CDFG, and the Service
as signatories, addresses these primary threats and significantly
reduces the likelihood of extinction or endangerment for both species
such that the species are not endangered or threatened, as those terms
are defined in the Act.
After a thorough review and consideration of all information
available, including the development and implementation of the
Conservation Agreement, the Service has determined that listing of
Downingia concolor var. brevior as endangered, and Limnanthes gracilis
ssp. parishii as threatened is no longer warranted. The Service has
carefully assessed the best scientific and commercial information
available in the development of this withdrawal notice.
References Cited
A list of all references cited herein is available upon request
from the U.S. Fish and Wildlife Service Carlsbad Field Office (see
ADDRESSES section).
Author
The primary author of this withdrawal notice is Fred Roberts,
Carlsbad Field Office (see ADDRESSES section).
Authority
The authority for this action is section 4(b)(6)(B)(ii) of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: January 30, 1997.
John G. Rogers,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 97-2876 Filed 2-3-97; 8:45 am]
BILLING CODE 4310-55-P
