[Federal Register Volume 64, Number 74 (Monday, April 19, 1999)]
[Proposed Rules]
[Pages 19108-19111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9783]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants: 90-Day Finding for
a Petition to List the Ambrosia pumila (San Diego Ambrosia) as
Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding and initiation of status
review.
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SUMMARY: We have made a 90-day finding on a petition to list the
Ambrosia pumila (San Diego ambrosia) pursuant to the Endangered Species
Act of 1973, as amended (Act). We find that the petition presents
substantial scientific or commercial information indicating that
listing Ambrosia pumila as endangered may be warranted. We are
initiating a status review to determine if listing is warranted.
DATES: The finding announced in this document was made on April 13,
1999. To be considered in the 12-month finding, comments and
information must be submitted to us by May 19, 1999.
ADDRESSES: Submit data, information, comments, or questions concerning
the petition and this 90-day finding to the Field Supervisor, U.S. Fish
and Wildlife Service, Carlsbad Fish and Wildlife Office, 2730 Loker
Avenue West, Carlsbad, California 92008. You may inspect the petition,
90-day finding, supporting data, comments and related documents, by
appointment, during normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Douglas Krofta, biologist, U.S. Fish
and
[[Page 19109]]
Wildlife Service at the above address or telephone 760-431-9440.
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(A) of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.) (Act), requires that we make a finding
on whether a petition to list, delist, or reclassify a species presents
substantial scientific or commercial information to demonstrate that
the petitioned action may be warranted. To the maximum extent
practicable, we are to make this finding within 90 days of receipt of
the petition, and we are to publish the finding promptly in the Federal
Register. If the finding is that substantial information was presented,
we must promptly commence a review of the status of the species.
We have made a 90-day finding on a petition to list Ambrosia pumila
(San Diego ambrosia). Mr. David Hogan, of the Southwest Center for
Biological Diversity, and Ms. Cindy Burrascano, of the San Diego
Chapter of the California Native Plant Society, submitted the petition,
dated November 12, 1996, which we received on January 9, 1997. The
petition requested the listing of A. pumila as endangered pursuant to
section 4 of the Act. Additionally, the petitioners appealed for the
emergency listing of A. pumila pursuant to section 4(b)(7) of the Act,
and further requested the designation of critical habitat for this
plant taxon. The letter clearly identified itself as a petition and
contained the names, signatures, and addresses of the petitioners.
Accompanying the petition was supporting information relating to
taxonomy, ecology, threats, and distribution of A. pumila. On November
21, 1997, we received a 60-day notice of intent to sue from the
petitioners over the failure to issue the administrative 90-day finding
for A. pumila. The petitioners filed a lawsuit in the United States
District Court on October 1, 1998, citing that we had failed to produce
the administrative 90-day and 12-month findings for A. pumila.
We have reviewed the petition, supporting documentation, and other
information available in our files to determine if substantial
information is available to indicate that the requested action may be
warranted. On the basis of the best scientific and commercial
information available, we find that the petitioned action may be
warranted for Ambrosia pumila because of the magnitude of ongoing and
threatened impacts to existing populations. We will commence a status
review in accordance with the final listing priority guidance for
fiscal years 1998 and 1999 (63 FR 25502) published on May 8, 1998.
At the time the petition was received on January 9, 1997, we were
operating under our final listing priority guidance for fiscal year
1997, which was published December 5, 1996 (61 FR 64475) in the Federal
Register. The guidance clarified the order in which we would continue
to process the backlog of rulemakings following two related events--(1)
the lifting, on April 26, 1996, of the moratorium on final listings
imposed on April 10, 1995 (Pub. L. 104-6); and (2) the restoration of
significant funding for listing through passage of the omnibus budget
reconciliation law on April 26, 1996, following severe funding
constraints imposed by a number of continuing resolutions between
November 1995 and April 1996. Based on biological considerations, the
guidance established a ``multi-tiered approach that assigned relative
priorities, on a descending basis, to actions to be carried out under
section 4 of the Act'' (61 FR 64479). The guidance called for giving
highest priority (Tier 1) to handling emergency situations, second
highest priority (Tier 2) to resolving the listing status of the
outstanding proposed listings, third priority (Tier 3) to resolving the
conservation status of candidate species and processing administrative
findings on petitions, and lowest priority (Tier 4) to preparation of
proposed or final critical habitat designations, and processing
delistings and reclassifications from endangered to threatened status.
On January 23, 1997, we notified the petitioners that based on the
listing priority guidance for fiscal year 1997, we would conduct a
preliminary review of the petition to determine whether Ambrosia pumila
faced a significant risk to its well-being under the emergency listing
provisions of section 4(b)(7) of the Act (61 FR 64479). We indicated
that if such an emergency existed and the species fell within Tier 1,
we would immediately process an emergency listing and proposed rule; if
an emergency did not exist, the petitioned action would fall within
Tier 3 of the guidance. On July 15, 1997, we made a determination that
an emergency did not exist (i.e., the immediacy of threats to A. pumila
were not so great to a significant proportion of the population that
the routine listing process was insufficient to prevent large losses
that might result in extinction). Therefore, the processing of the
petition fell under Tier 3. Our Carlsbad Office (which was assigned the
responsibility for processing the petition) continued to direct
personnel and budget toward accomplishment of ongoing Tier 2 and Tier 3
activities for species judged to be in greater need of the Act's
protection than A. pumila. As these higher priority activities were
accomplished, and personnel and funds became available, we proceeded
with a 90-day finding on the petition for A. pumila.
On May 8, 1998, final listing priority guidance for fiscal years
1998 and 1999 (63 FR 25502) was published. This new guidance changed
the four tier priority system to a three tier system. The three tier
system described our first priority (Tier 1) as completion of emergency
listings for species facing the greatest risk to their well-being. Our
second priority (Tier 2) was processing final decisions on pending
proposed listings; processing new proposals to add species to the
lists; processing 90-day and 12-month administrative findings on
petitions to add species to the lists and petitions to delist or
reclassify species; and delisting or downlisting actions on species
that have achieved or are moving towards recovery. Our third priority
(Tier 3) described in the guidance was processing petitions for
critical habitat designations and preparing proposed and final critical
habitat designations. Under this current guidance, the processing of
this petition fell under Tier 2.
Ambrosia pumila is a clonal perennial herb restricted to upper
terraces of rivers and drainages, but has been identified growing in
open, flat grasslands; dry lake beds; open patches in coastal sage
scrub habitat; and disturbed sites such as fuel breaks and roadway
rights-of-way. Populations of San Diego ambrosia occur on federal,
state, and private lands located in southwestern Riverside and San
Diego counties, California, and Baja California, Mexico. The range of
A. pumila is known from an estimated 53 documented historical and
current populations from Riverside and San Diego counties, California,
and central Baja California, Mexico from Colonet south to Lake Chapala.
The distribution of A. pumila is centralized in San Diego County, where
approximately 48 distinct populations have been reported. Recently, two
populations of A. pumila were discovered in southwestern Riverside
County. Although limited information is available concerning current
populations of A. pumila in Baja California, three disjunct populations
are presumed extant.
San Diego County
Of the 48 reported populations of Ambrosia pumila in San Diego
County, 23 have been extirpated, and an
[[Page 19110]]
additional 11 populations were misidentified and are actually a similar
species A. confertiflora. This leaves 14 populations extant in San
Diego County. Two populations consist of plants that were transplanted
from sites where the taxon was extirpated due to roadway construction
or development. Although these populations are extant, their long-term
viability is in question due to unsuccessful attempts at transplanting
the taxon in the past. Eleven of the remaining 12 populations have been
recently field verified and are known to be extant. Insufficient
information exists to make a determination on the status and viability
of the twelfth population due to the inadequacy of data on the original
collection and difficulty in site access. The long-term viability of at
least 5 of the remaining 11 populations is in question due to
population size, fragmentation, past and potential impacts, extent of
suitable habitat in the immediate area, current land use practices and
land-ownership. These apparently nonviable populations range in extent
from a single plant growing up through a crack in a sidewalk in
National City to a population consisting of several hundred or more
stems at Gillespie Field. The six remaining populations in San Diego
County are considered to have a greater degree of long-term persistence
or viability primarily due to larger population sizes and current land
use practices or ownership. These six populations include one
population in Mission Trails Regional Park, two populations on the San
Diego National Wildlife Refuge, one population on a dirt road off of
Del Dios Highway, one population within a San Diego Gas and Electric
(SDGE) gas line easement along State Route (SR) 76, and one population
within a SDGE electrical transmission line easement adjacent to Jamul
Drive.
The Mission Trails population is considered to be the largest and
most viable population of Ambrosia pumila in the United States. It is
located in Mission Trails Regional Park and on adjacent private
property. Although road construction and adjacent urban development
have historically fragmented the population, the core population
consists of several thousand stems and several small colonies scattered
throughout the general area. The petitioners asserted that the
persistence of this core population is apparently essential to the
survival of this taxon in the United States (Hogan and Burrascano
1996). A minimum 90 percent of the core population in Mission Trails
Regional Park is protected under the provisions of the Multiple Species
Conservation Plan (MSCP) for southwestern San Diego County. Other
populations within MSCP boundaries, such as the Del Dios Highway
population, will receive protection under specific sub-area/sub-
regional plans addressing conservation measures on an individual
project/population basis. The two populations located within the San
Diego National Wildlife Refuge are conserved and managed as part of the
National Wildlife Refuge System, and are not likely to be threatened.
The two San Diego populations found within SDGE easements have the
potential for long-term persistence but are currently outside the San
Diego County MSCP boundaries. These two populations are protected by a
habitat conservation plan with SDGE. Under this plan, the species is
covered by special mitigation measures that involve avoidance of
impacts as a first priority, and mitigation of impacts as a second
priority.
Riverside County
The two populations of Ambrosia pumila recently recorded in
southwestern Riverside County are in the vicinity of Skunk Hollow and
Lake Elsinore. The Skunk Hollow population consists of approximately
500 stems and is located on private lands within a wetland mitigation
bank. The Lake Elsinore population has an estimated 250-500 stems and
is also located on private lands. The long-term persistence or
viability of the Lake Elsinore population is in question due to current
development threats.
Mexico
The current documented range of Ambrosia pumila in Baja California,
Mexico extends from Colonet south to Lake Chapala. Three disjunct
populations are recorded. Although additional sites may occur in Baja,
the taxon is not considered to be widespread due to the lack of
appropriate habitat and impacts resulting from agriculture and urban
development, especially in coastal areas. Recent field reconnaissance
(Hogan and Burrascano 1996) of two of the three documented sites has
confirmed that the recorded populations are extant, but estimates on
population size and long-term viability are inconsistent. All three of
the known and presumed extant Baja California populations are
threatened by agricultural practices and urban development. Further
evaluation of these populations is necessary to determine their status
and the immediacy of threats.
Summary
All populations of Ambrosia pumila appear vulnerable to random,
environmental or demographic events. Fire, natural or human-induced,
could destroy one or more populations. Competition from other plant
taxa is also a serious threat. While Ambrosia pumila is considered
tenacious in appropriate habitat, it is thought to be a weak competitor
with invasive herbaceous and non-native grass species.
Of the 16 populations of Ambrosia pumila presumed extant in the
United States, only six populations in San Diego County and one
population in Riverside County are considered secure and protected.
These seven populations are expected to persist, provided that adequate
protection and management measures are established, implemented, and
maintained. The permanent protection and management of A. pumila
populations under multiple species conservation plans will contribute
to long-term habitat viability for A. pumila.
We have reviewed the petition, as well as other available
information in our files. On the basis of the best scientific and
commercial information available, we find that there is sufficient
information to indicate that the petitioned action, listing Ambrosia
pumila as endangered, may be warranted. The petitioners also requested
that critical habitat be designated for this species. Designation of
critical habitat is not petitionable under the Act. However, if we
determine in the 12-month finding that the petitioned action is
warranted, we will address the designation of critical habitat in the
subsequent proposed rule.
Additional Information Solicited
When we make a finding that substantial information exists to
indicate that listing a species may be warranted, we are also required
to promptly commence a review of the status of the species. To ensure
that the status review is complete and based on the best available
scientific and commercial data, we are soliciting information
concerning the following:
(1) information on historic and current distribution;
(2) habitat conditions;
(3) basic biology of the species;
(4) ongoing efforts to protect the species and its habitat; and
(5) threats to the species and its habitat.
References Cited
You may request a complete list of all references cited in this
document from
[[Page 19111]]
the Carlsbad Fish and Wildlife Office (see ADDRESSES section).
Author. The primary author of this document is Douglas Krofta,
biologist, Carlsbad Fish and Wildlife Office, U.S. Fish and Wildlife
Service (see ADDRESSES section).
Authority
The authority for this action is the Endangered Species Act (16
U.S.C. 1531 et seq.).
Dated: April 13, 1999.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 99-9783 Filed 4-15-99; 8:45 am]
BILLING CODE 4310-55-P
