[Federal Register: April 19, 1999 (Volume 64, Number 74)] [Proposed Rules] [Page 19108-19111] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr19ap99-22] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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