[Federal Register Volume 63, Number 177 (Monday, September 14, 1998)]
[Proposed Rules]
[Pages 49063-49065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24503]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AD34
Endangered and Threatened Wildlife and Plants; Withdrawal of
Proposed Rule to List Johnston's Rock-Cress (Arabis johnstonii) as
Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; withdrawal.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) withdraws the
proposal to list Johnston's rock-cress (Arabis johnstonii) as a
threatened species under the Endangered Species Act of 1973, as amended
(Act). The Service finds that insufficient information is available to
substantiate the threats previously identified to the species. Although
this species has a restricted range and threats can be identified to a
portion of one of its two major population centers, the Service
believes these threats are being minimized by the actions of the San
Bernardino National Forest in managing grazing activities. Also, the
lack of progress on proposed development in the Pine Meadow area
diminishes threats to that population. If future development and
grazing threats re-occur, the Service may revisit the need to list this
species and repropose Arabis johnstonii, if necessary. Based on the
lack of such evidence the Service concludes that listing of this
species is not warranted.
ADDRESSES: The complete file for this rule is available for public
inspection, by appointment, during normal business hours at the
Carlsbad Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2730
Loker Avenue West, Carlsbad, California, 92008.
FOR FURTHER INFORMATION CONTACT: Gary D. Wallace, Ph.D., Botanist,
Carlsbad Fish and Wildlife Office, U.S. Fish and Wildlife Service, at
the above address (760/431-9440).
SUPPLEMENTARY INFORMATION:
Background
On August 2, 1995, the Service published in the Federal Register
(60 FR 39337) a proposal to list seven plant species from the mountains
of southern California as endangered or threatened. Included among
these seven taxa was Arabis johnstonii (Johnston's rock-cress), the
subject taxon of this withdrawal. Arabis johnstonii was proposed as a
threatened species in the 1995 proposal. Arabis johnstonii is a member
of the mustard family (Brassicaceae) and was described by Philip A.
Munz (1932) based on a collection made in May 1922 by Munz and Ivan M.
Johnston at Kenworthy, San Jacinto Mountains, Riverside County,
California. This plant is a herbaceous perennial with a basal rosette
of linear-oblanceolate, entire, densely pubescent leaves from which the
flower stalk arises. The petals are purple and 8 to 10 millimeters (mm)
(0.32 to 0.4 inches (in)) long. The elongate fruits (siliques) are
erect to spreading, 3 to 5 centimeters (cm) (1 to 2 in) long. This
species
[[Page 49064]]
flowers f rom February to June. Arabis johnstonii is distinguished from
other members of the genus in the area by its long, narrow fruits, and
narrow, linear-oblanceolate, densely gray-hairy leaves (Rollins 1993).
Arabis johnstonii is found in chaparral and pine forest habitats
from 1,400 to 2,150 meters (m) (4,500 to 7,050 feet (ft)) in the
southern San Jacinto Mountains. Two distinct population centers are
known, one in the vicinity of Garner Valley and the other approximately
6.5 kilometers (km) (4 miles (mi)) to the east along the Desert Divide.
This species occurs on private lands and lands administered by the U.S.
Forest Service (FS).
Summary of Comments and Recommendations
In the August 2, 1995, proposed rule (60 FR 39337) and associated
notifications, all interested parties were requested to submit factual
reports or information to be considered in making a final listing
determination. The comment period closed on October 9, 1995.
Appropriate Federal and State agencies, county and city governments,
scientific organizations, and other interested parties were contacted
and requested to comment. Individual newspaper notices of the proposed
rule were published in the San Diego Union-Tribune and The Press-
Enterprise on August 10, 1995. No request for a public hearing was
received.
During the comment period, the Service received two written
comments, both of which opposed the proposed listing. Both comments
related only to the taxa that occur in the Big Bear Valley region of
the San Bernardino Mountains, California. No comments specific to the
Arabis johnstonii were submitted. Specific comments on the other
species proposed with Arabis johnstonii and general comments relevant
to the proposed rule are discussed in a separate Federal Register final
rule, which is published concurrently with this withdrawal. The Service
solicited peer review of the proposed rule from three independent
reviewers, however, no responses were received.
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 Arabis johnstonii (Munz) (Johnston's rock-cress), are
as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. The proposed rule (60 FR 39337)
identified residential and recreational development, and destruction
and degradation of its habitat by livestock in the Lake Hemet and
Garner Valley areas as threats to Arabis johnstonii. The Service is
aware, however, of only two reports to substantiate these claims. One
of these reports (Cole 1979) identifies development as a threat at only
one of four localities, the other three of which are in, or adjacent
to, the San Bernardino National Forest. Furthermore, this report
identifies a need for more field work to determine the present range
and endangerment of Arabis johnstonii (Cole 1979).
Berg and Krantz (1982) conducted surveys a few years later on the
San Bernardino National Forest and lumped the four localities of Cole
(1979) into two, one in Garner Valley and the second along the
ridgeline known as Desert Divide several kilometers to the east. At the
time, it was noted that residential development in Pine Meadow was
likely to extirpate that portion of the Garner Valley population.
However, the proposed development in Pine Meadow has not occurred and
the Service (B. McMillan, USFWS, pers. comm. 1997) is not aware of any
progress toward development in this area. Berg and Krantz (1982) also
noted that intensive grazing by cattle would have an adverse impact on
this species due to increased competition from weedy species as a
result of trampling of its clay substrate, which is particularly
vulnerable when it is saturated. This is apparently the only available
documentation on the significance of cattle grazing as a potential
threat to Arabis johnstonii. Berg and Krantz (1982) also reported,
however, that both populations were relatively stable at the time.
Based on their reported mean population densities and total area, a
population of over 500,000 plants were in existence. Moreover, in a
response to a request for information, one of the authors indicated
that he had not visited the area since 1982, and stated only that ``an
endangerment status of threatened may be supported by this [1982]
evidence'' (Tim Krantz, in litt., 1993). Based on further evaluation
and clarification of the information, the threats are not as
significant as previously believed. For example, the intensive grazing,
noted by Berg and Krantz (1982) as a potential threat, has not taken
place; the development in Pine Meadow, which was anticipated in the
proposed rule, has not materialized; and finally, the lack of
corroborative evidence of these threats over the last 15 years has led
the Service to determine that the threats do not warrant listing. The
threat of trampling individual plants, as stated in the proposed rule,
is not widespread. Cattle are generally present in meadow areas,
whereas this species tends to occur at dryer sites outside of the
meadow proper.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Not applicable.
C. Disease or predation. Not applicable.
D. The inadequacy of existing regulatory mechanisms. Efforts by the
San Bernardino National Forest to manage the grazing allotments are
minimizing the threats to Arabis johnstonii. The Service anticipates
the cooperation of the FS if adjustments to their management practices
prove necessary.
E. Other natural or manmade factors affecting its continued
existence. Not applicable.
Finding and Withdrawal
After a thorough review and consideration of all information
available the Service has determined that listing of Arabis johnstonii
as threatened is not warranted at this time. The Service has carefully
assessed the best scientific and commercial information available in
the development of this withdrawal notice. Residential and recreational
development appear limited to one portion of the Garner Valley and,
therefore, unlikely to have a significant impact on the species. All
other populations, when last visited, were described as stable. While
excessive trampling by cattle may pose a potential threat in some
areas, there is no evidence that this threat has been realized, or that
it is likely to have a significant impact. The threat from livestock
trampling stated in the proposed rule is not widespread. Cattle
generally graze in meadow sites, whereas Arabis tends to occur at dryer
sites out of the meadow proper. The FS has proposed reducing grazing
impacts when they are in evidence by altering management practices. In
addition, the threat of proposed development noted in the proposed rule
has not occurred. The current level of threats to this species do not
warrant listing. The Service finds, therefore, that there is no
substantial evidence available to indicate that Arabis johnstonii is
likely to become an endangered species within the foreseeable future
throughout all or a significant portion of its range. The
[[Page 49065]]
other six plant taxa included in the proposed rule with A. johnstonii
are discussed in a separate Federal Register final rule published
concurrently with this withdrawal.
References Cited
A list of all references cited herein is available upon request
from the U.S. Fish and Wildlife Service Carlsbad Fish and Wildlife
Office (see ADDRESSES section).
Author: The primary author of this withdrawal notice is Gary
Wallace, 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: September 1, 1998.
Jamie Rappaport Clark,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 98-24503 Filed 9-11-98; 8:45 am]
BILLING CODE 4310-55-P
