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HomeMy WebLinkAboutMINUTES - 10081996 - C73 C.72, C.73 and C.74 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 8, 1996 by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson and Smith NOES: None . ABSENT: None ABSTAIN: None SUBJECT: Con espondence C.72 LETTER dated September 9, 1996, from Maria Bruce, 3055 Treat Blvd., #47, Concord, CA 94518; and LETTER dated September 20, 1966 from Lynne Barnes, R.N., Acting Director, Californians for Compassionate Use, 1444 Market Street, San Francisco, CA 94102, requesting endorsement of Prop. 215, The Medical Marijuana Initiative for Compassionate Use. (Considered with Item DA of this date). C.73 LETTER dated September 23, 1996, from Joel A. Medlin, Field Supervisor, United States Department of the Interior, Fish and Wildlife Service, Sacramento Field Office, 3310 El Camino Ave., Ste 130, Sacramento, CA 95821-6430, notifying of a public hearing and requesting comments on the proposed addition of Suisun Thistle and Soft Bird's - Beak to the Endangered Species Act. ""REFERRED**REFERRED TO THE COMMUNITY DEVELOPMENT DIRECTOR C.74 LETTER dated September 23, 1996, from Gregory Poseley, Manager, Farmland Mapping and Monitoring Program, Office of Land Conservation, 801 K Street, MS 13 - 71, Sacramento, CA 95814-3430, requesting assistance with updating the 1994 Contra Costa County Important Farmland Map for 1996. ""REFERRED**REFERRED TO COMMUNITY DEVELOPMENT DIRECTOR IT IS BY THE BOARD ORDERED that the recommendations as noted (****) are approved. I hereby certi� cr,ct t ., is a true and correct copy of an action tcl:a on th minutes of the Board of Sup so ' n he da �� ATTESTED: PHIL BATCHELOR.CIOMFOI the Board Of Supervisors and County Administrator c. c. Correspondents Community Development, Director B uty cl�s P�MEST OF ryF United States Department of the Inte RECEIVED FISH AND WILDLIFE SERVICE PCH 3 18A9 F.COIOr;II'al 51;1'i'ICCti SEP—22 4 I . Sacramento Field Office IN REPLY REFER TO: 3310 El Camino Ave., Suite 130 Sacr.unenlo, California 95821-6340 CLERK P,OA9D OF SUPERVISORS -OSTA co. In.Reply Refer To: 1-1-96-LS-1633 September 23, 1996 Chairman of the Board Contra Costa County Supervisors 651 Pine St. Martinez, CA 94553 Subject: Notice of Public Hearing on the Proposed Listing of Suisun Thistle and Soft Bird' s-Beak from Tidal Marshes in the San Francisco Bay Area of [Northern California Dear Interested Person: On June 12 , 1995 , the U.S . Fish and Wildlife Service (Service) published a proposed rule to list Suisun thistle (Cirsium hydrophilr_1177) and soft bird's- beak (Cordylant1111S mollis ssp . mollis) as endangered (60 FR 31000-31006) Suisun thistle is a perennial herb in the aster family with slender, erect stems and pale lavender-rose flower heads that occur singly or in loose groups. The bracts of the. flower heads have a distinct green, glutinous ridge on the back. Soft bird' s-beak is a hemipa.rasitic annual herb of the snapdragon family with spike-shaped inflorescences with inconspicuous white or yellowish-white flowers . These plants are restricted to salt or brackish marshes on mostly private or non-Federal land in the San Francisco Bay area of northern California . Habitat conversion, changes in salinity of tidal marshes, water pollution, indirect effects of urbanization, habitat fragmentation, mosquito abatement, activities such as off-road vehicle use and dredging, competition with non-native plants, insect predation, chance environmental events , inadequacy of existing laws, erosion, and other human-caused activities variously threaten these plants . Activities such as waterfowl hunting, bird watching and fishing do not adversely affect the ,plants. Subsection 4(b) (5) (E) of the Endangered Species Act of 1973 , as amended (16 U.S.C.1531 et seq. ) , requires that a public hearing be held if one is requested within 45 days of the publication of a proposed rule. The Service received one request to hold a public hearing in response to this proposal. Accordingly, a public hearing is scheduled for October 2 , 1996 , from 6 p.m. to about 8 p.m. , at the Holiday IrLn, 1350 Holiday Lane, Fairfield, California. Comments from the public regarding the accuracy of this proposed rule are sought, especially regarding: (1) Biological , commercial trade , or other relevant data concerning any threat (or lack thereof) to Suisun thistle and Soft Bird's-Beak; (2) The location of any additional populations of these species and the reasons why any Habitat should or should not be determined to be critical habitat as provided in Section 4 of the Act; r r CP (3) Additional information concerning the range, distribution, and population size of the species; and (4) Current or planned activities in the subject area and their possible impacts on these species. Parties wishing to make statements for the record should bring a copy of their statements to the hearing. Oral statements may be limited in length, depending on the number of parties present at the hearing. There are, however, no limits on the length of written comments or materials presented at the hearing or mailed to the Service. Comments from all interested persons or organizations must be received by October 15, 1996. Please send all comments and materials to the Field Supervisor, U.S. Fish and Wildlife Service, 3310 E1 Camino Avenue, Suite 130, Sacramento, California 95821-6340. Comments and materials received will be available for public inspection, by appointment, during normal business hours at the above address. For further information, please phone Kirsten Tarp .of my staff at (916) 979-2120. Sincerely, Joel A. Medlin Field Supervisor Enclosure cc: ARD-ES, Portland, OR Vl% n n�nn Uv-R.GoLLl. fi 31000 Federal Register Vol. 60, No. n2 Monday, June 12, 1995 Proposed'Rules DEPARTMENT OF THE INTERIOR Cordylanthus mollis ssp.mollis(soft Cirsiurn hydrophilum var. bird's-beak)occur in either salt water or hydrophilum is a perennial herb in the Fish and Wildlife Service brackish tidal marshes fringing Sao aster family(Asteraceae). Slender,erect Pablo and Suisun Bays in the San stems 1.0 to 1.5 in(3.0 to 4.5 ft)tall are 50 CFR Part 17 Francisco Bay area of northern well branched above.The spiny leaves RIN 1018-AD14 California,Since 1850,this habitat has are deeply lobed.The lower leaves have been drastically curtailed. ear-like basal lobes;the upper leaves are Endangered and Threatened Wildlife Approximately 15 percent,12,142 reduced to narrow strips with strongly and Plant's;Proposed Endangered hectares(ha)(30,002 acres),of the spine-toothed margins.Pale lavender- Status for Two Tidal Marsh Plants— historical tidal marshland habitat.within rase flower heads,2.0 to 2.5 centimeters Cirsium hydrophilum var.hydrophilum the San Francisco Bay area remains (cm)(1 inch(in.))long,occur singly or (Suisun Thistle)and Cordylanthus (Dedrick 1989). in loose groups.The bracts of the,flower mollis ssp.mollis(Soft Bird's-Beak) With the exception of the San heads have a distinct green,glutinous from the San Francisco Say.Area Francisco Bay area,the mountainous ridge on the back that distinguishes C. coast of California and the narrow hydrophilum var.hydrophilum from AGENCY:Fish and Wildlife Service, continental shelf provide few areas that other Cirsium species in the area. Interior. are suitable for tidal marsh development Cirsium hydrophilum var.hydrophilum ACTION:.Plidsed rule: (MacDonald 1990).Coastal salt marshes flowers between July and September. are found along sheltered margins of Cirsium hydrophilum var.hydrophilumSUMMARY:The U.S.Fish and Wildlife shallow bays,estuaries,or lagoons,in is restricted to Suisun Marsh in Solana Service(Service)proposes endangered. low lying areas that are subject to County.In 1975,the plant was reported. status.pursuant to the Endangered periodic inundation by salt water. as possibly extinct because it had not Species Act of 1973,as amended(Act), Brackish marshes occur at the interior been collected for about 15 years. for two plants--Cirsium hydrophilum margins of coastal bays,estuaries,or Extensive surveys,however,relocated var.hydrophilum(Suisun thistle)and lagoons where fresh -water sources the thistle at two locations within Cordylanthus mollis ssp.mollis(soft (streams and rivers)enter salt marshes. Suisun Marsh(Brenda Grewell, bird's-beak).These species are restricted Brackish marshes are similar to salt California Department of Water .to salt or brackish tidal marshes within marshes but differ in the degree of water Resources(CDWR),pers.comm.1993). the San Francisco Bay area in northern and soil salinities.Brackish marshes are Collectively,the occurrences of C. California.Habitat conversion,water less saline than salt marshes.Salinity hydrophilum var.hydrophilum total a pollution,changes in salinity,indirect levels vary with time and space, few thousand individuals.(Brenda effects of urbanization,stochastic depending on the height of the tides or Grewell,pers.comm. 1993).Cirsium events,mosquito abatement activities on the amount of freshwater inflow. hydrophilum var.hydrophilurn (including off-road vehicleI use), Vegetation communities in salt and grows in the upper reaches of tidal marshes competition with non-native vegetation, brackish marshes often occur in distinct associated with Typha angustifolia, insect predation,erosion,inadequate zones,depending on the frequency and Scirpus americanus,Juncus balticus, regulatory mechanisms,and other length of tidal flooding.Both proposed and Distichlis spicata.One occurrence human-caused actions variously imperil plants are restricted to a narrow tidal is on California Department of Fish and these two species.This proposal,if band,typically in higher elevational Game(CDFG)lands and a second made final,would implement the zones within larger tidal marshes that- occurrence is on Solano County Federal protection and recovery have fully developed tidal channel Farmland and Open Space Foundation provisions afforded by the Act for these networks.They usually do not occur in lands.No active management is plants, smaller fringe tidal marshes that are DATES:Comment s,'f�rn all interested generally less than 100 meters(in)(300- occurring at either location(Neil Havlik, parties must be received by August 11, feet(ft))in width,or in nontidal areas. Solano County Farmland and Open Space Foundation,pers.comm. 1993; 1995.Public hearing requests must be Discussion of the Two Species Proposed Ann Howald,CDFG,pers.comm. 1993). received by July 27, 1995. .for Listi�- Its highly restricted distribution ADDRESSES:Comments and matprials ')originally described 'increases its susceptibility to conc-en-iing this proposal should be sent Asa Gray(1888Cirsium hydrophilum var.hydrophilum catastrophic events such as-disease or to Lhe Field Supervisor,Sacramento as Chicus brewer!var.vase)4 pest outbreak,severe drought,oil spills, - d. Field Office,U.S.Fish and Wildlife Subsequent authors treated the taxon as or other natural or human caused Service,2800 Cottage Way,Room E-. Carduus hydrophilus(Greene 1892), disasters.Habitat conversion,habitat 1803,Sacramento,California 95825- Cirsium hydrophilum(Jepson 1901), fragmentation,indirect effects from 1846.Comments and materials received, and Cirsium vasejd var.hydrophilum urban development,increased salinity, as well as the supporting documentation (Jepson 1925).John Thomas Howell Projects.that alter natural tidal regime, used in preparing the rule,will be (1959)concluded that Jepson's Cirsium mosquito abatement activities, available for.public inspection,by hydrophilum and--Cirsium vaseyi of the competition with non-native plants,and api..ointment,during normal business Mt.Tamalpais area in Marin County, inadequate regulatory mechanisms also hours at the above address. California are vane,r ties of a single threaten this taxon. K.711 FURTHER INFORMATION CONTACT, species,Cirsium hkdrophilum. Charles Wright collected the type Kirsten Tarp,Sacramento Field Office According to the rules for botanical specimen n of Cordylanthus mollis ssp. (ser,ADDRESSES section)(telephone 916/ nomenclature,whena* new variety is mollis in November 1855,on Mare 978-5801;facsimile 916/978-5056). described in a species not previously Island in San Francisco Bay Asa Gray '90PLEMENTARY INFORMATION: divided into infraspecific taxa,an (1868)published the original autonyin(automatically created name) description,using the name C.mollis. pack round is designated.In this case,the autonyin Later botanists treated the taxon as Cirsium hydrophilum var. is Cirsium hydrophilum var. Adenostegia mollis(Greene 1891)and hydrophilum(Suisun thistle)and hydrophilum. Chloropyron molle(Heller 1907).Tsan- Federal Register / Vol. 60, No. 112 / Monday, June 12, 1995 / Proposed Rules 31001 I'l.5 Chuang and Larry Heckard (1973) Although suitable habitat exists for taxa named therein.The above t%so taxa ed C. mollis and C. hispidus as three historical occurrences in Marin, were included in the July 1, 1975, pecies of a single species(C. mollis) Solano,and Sonoma Counties,the notice. On June 16, 1976,the Service an Cordylanthus mollis ssp. mollis occurrences have not been relocated published a proposal (41 FR 24523)to recognized as the autonym. after repeated surveys(Stromberg 1(j86, determine approximately 1,700 vasculai Cordylanthus mollis ssp. mollis is an CNDDB 1994).A fourth occurrence plant species to be endangered species annual herb of the snapdragon family reported from Sacramento County in pursuant to section 4 of the Act.The list (Scrophulariaceae)that grows 25 to 40 1972 has not been relocated(Jake Ruygt, of 1,700 plant taxa was assembled on cm (10 to 16 in.)tall.It is sparingly in litt. 1993). the•basis of comments and data received branched from the middle and above. The remaining ten disjunct by the Smithsonian Institution and the Cirsium mollis ssp.mollis is a occurrences are widely scattered Service in response to House Document hemiparasite that extracts water and throughout coastal salt or brackish tidal No.94-51 and the July 1,1975,Federal nutrients by attaching enlarged root marshes fringing San Pablo and Suisun Register publication. Cirsium structures to the roots of other plants Bays,in Contra Costa,Napa,and Solano hydrophilum var.hydrophilum and (Chuang and Heckard 1971).The foliage Counties(CNDDB 1994;Brenda __Cordylanthus mollis ssp.mollis were is grayish-green(often tinged a deep Grewell,in litt. 1993).The entire included in the June 16,1976,Federal red)and hairy.The oblong to lance- distribution of Cordylanthus mollis ssp. Register proposal. shaped leaves are 1.0 to 2.5 cm(0.4 to mollis currently is restricted to about 8 General comments received in 1.0 in.)long,the lower leaves entire and ha(20 acres)of habitat(Jake Ruygt,in relation to the 1976 proposal were the upper with one to three pairs of leaf lift. 1993).The total number of summarized in an April 26,1978,notice lobes.The inflorescence consists of individuals reported among populations (43 FR 17909).The Endangered Species spikes 5 to 15 cm(2 to 6 in.)long.A varies from 1 at the smallest site to Act Amendments of 1978 required that floral bract with two to three pairs of 141,000 plants at the largest site.Most all proposals over 2 years old be lobes occurs immediately below each sites have between 1,000 and 6,000 withdrawn.A 1-year grace period was inconspicuous white or yellowish-white individuals(Jake Ruygt,in Litt.1993; given to those proposals already more flower.The flowers have only two CNDDB 1994).Individual populations than 2 years old.In a December 10, functional stamens.The narrowly ovoid fluctuate in size from year to year,as is 1979,notice(44 FR 70796),the Service seed capsule is 6 to 10 millimeters(mm) typical of annual plants.Cordylanthus withdrew the June 16,1976,proposal, (0.2 to 0.4 in.)long and bears 20 to 30 mollis ssp.mollis occurs primarily on along with four other proposals that had dark brown seeds.Cordylanthus mollis private or non-Federal land;one expired. ssp.mollis flowers between July and occurrence is found on Department of The Service published an updated September. Cordylanthus mollis ssp. Defense(U.S.Navy)land.Habitat notice of review for plants on December -0111s is distinguished from another conversion,water pollution,increases 15,1980(45 FR 82480).The two taxa ,dylanthus found nearby(G in salinity of tidal marshes due to. were listed as category 1 candidates for t. iritimus ssp.palustris)by its two upstream withdrawals of fresh water, Federal listing in this document. '—Hi ctional stamens(C.maritimus ssp. habitat fragmentation,indirect effects of Category 1 taxa are those that the palustris has foto)and by its bracts with urbanization,competition with non- Service has on file substantial two to three pairs of lateral lobes(C. native vegetation,insect predation, information on biological vulnerability maritimus ssp.palustris has a pair of projects that alter natural tidal regime, and threats to support preparation of short teeth on the floral bracts). . mosquito.abatement activities listing proposals.On November 28, Cordylanthus mollis ssp.mollis is (including off-road vehicle use), 1983,the Service published a found predominantly in the upper inadequate regulatory mechanisms, supplement to the Notice of Review(48 reaches of salt grass-pickleweed erosion,and stochastic events variously. FR 53640);there were no changes to marshes at or near the limits of tidal threaten the remaining occurrences of C. these taxa in this supplement. action(Stromberg 1986).It is associated mollis ssp.mollis. The plant notice was revised again on with Salicornia virginica,Distichlis previous Federal Action September 27,1985(50 FR 39526), spicata,laumea carnosa,Frankenia February 21,1990(55 FR 6184),and salina,and Triglochin maritima Federal government actions on the September 30,1993(58 FR 51144).In (Stromberg 1986).Of 18 reported two plants began as a result of section these three notices Cirsium occurrences of C.-mollis ssp.mollis,2 12 of the Endangered Species Act of _ hydrophilum var.hydrophilum and have been extirpated;6 have been 1973,as amended(16 U.S.C. 1531 et Cordylanthus mollis ssp.mollis were. surveyed for and not relocated and seq.),which directed the Secretary of included as category 1 candidate possibly have been extirpated;and 10 the Smithsonian Institution to prepare a species. are presumed extant(California Natural report on those plants considered to be Section 4(b)(3)(B)of the Act requires Diversity Data Base(CNDDB) 1994;Jake endangered,threatened,or extinct in the': -the Secretary to make certain findings Ruygt,California Native Plant Society United States.This report,designated as on petitions within.12 months of their (CNPS),in litt. 1993).The type locality House Document No.94-51,was receipt.Section 2(b)(1)of the 1982 at Mare Island for C.mollis ssp:mollis -- presented to Congress on January 9, amendments further.requires that all was destroyed by development and is 1975,and listed Cirsium hydrophilum petitions pending on October 13,1982, now a dredge disposal site(CNDDB var.hydrophilum and Cordylanthus be treated as having been newly 1994).A second occurrence,last seen in mollis ssp.mollis as possibly extinct.- submitted on that date.This was the 1981 near Martinez in Contra Costa and The Service published a notice on July case for Cirsium hydrophilum var. Solano Counties,was dredged,filled, 1,1975(40 FR 27823),of its acceptance hydrophilum and Cordylanthus mollis diked,and is now a marina(Stromberg of the report of the Smithsonian ssp.mollis,because the 1975 986,CNDDB 1994).Limited suitable Institution as a petition within the Smithsonian report had been accepted �itat remains for two occurrences, context of section 4(c)(2)(petition as a petition.On October 13,1982,the iich have not been relocated,in Napa, provisions now are found in section Service found that the petitioned listing Sonoma,and Solano Counties 4(b)(3)of the Act)and its intention of these species was warranted,but (Stromberg 1986,CNDDB 1994). thereby to review the status of the plant precluded by other pending listing 31002 Federal Register / Vol. 60, No. 112 / Monday, June 12, 1995 / Proposed Rules actions, in accordance with vection ht,drophilum var. hydrophiluin and practice common in the development of 4(b)(3)(B)(iii) of the .pct: notification of Cordvlanthus mollis ssp. mollis. waterfowl managements areas,is a this finding was published on January 1'lie change of freshwater inflow has potential threat for both species 2Q 1984 (49 FR 2.185).The finding was modified the habitat for these two taxa. (Randall Brown,in lift. 1993).The reviewed annually in October of 1983 Agricultural and municipal uses have planned conversion of 40 ha(100 acres) through 1994, pursuant to section diverted over 50 percent of the of salt grass(Distichlis spicata),an 4(b)(3)(C)(i)of the Act. Publication of historical annual inflow of freshwater associated species for both C. this proposal constitutes the final from the Suisun Marsh and Delta hydrophilum var.hydrophilum and C. finding for the petitioned action. (ABAG 1991).During the past 40 years, mollis ssp.mollis,in Hill Slough as significant portions of the tidally- enhancement of habitat for wildlife Summary of Factors Affecting the influenced brackish marsh within Species, Suisun Bay have become more saline (California Department of Water Section 4 of the Endangered Species due to decreased freshwater flows Resources(CDWR)1984)will further Act(Act)and regulations(50 CFR part (Pavlik 1992).Increased salt levels diminish the amount of suitable habitat 424)promulgated to implement the within the Suisun Marsh may threaten for these two plant species. listing provisions of the Act set forth the Cordylanthus mollis ssp.mollis and Habitat conversion for planned future procedures for adding species to the Cirsium hydrophilum var.hydrophilum. urbanization threatens both species.In Federal lists of endangered and Salt stress causes decreased plant ABAG's analysis of the San Francisco threatened species.A species may be growth and lower reproduction.When Bay Estuary,over 4,856 ha(12,000 determined to be endangered or salinity levels remain high during acres)of wetlands in the Bay will be threatened due to one or more of the extended drought conditions, subject to moderate to high five factors described in section 4(a)(1). population viability may be greatly development uses over the next 12 years These factors and their application to impaired to the extent they lose their (ABAG 1991).Highway expansion Cirsium hydrophilum(Greene)Jepson ability to maintain themselves as projects within the San Francisco Bay var.hydrophilum(Suisun thistle)and components of a healthy wetlands Estuary during the next 20 years are Cordylanthus mollis Gray ssp.mollis ecosystem(Pavlik 1992).When salinity expected to fill 146 wetland ha(362 (soft bird's-beak)are as follows: increases in the root zone,salt stress acres)(ABAG 1991).Some of the reduces plant abundance and causes expansion projects will threaten A. The Present or Threatened shifts in plant distribution.This has ex p p 1 Destruction,Modification,or occurred even in common salt-tolerant Cordylanthus mollis ssp.mollis by Curtailment of Their Habitat or Range plants(Pavlik 1992).Cordylanthus eliminating additional habitat. Habitat for Cirsium hydrophilum var. mollis ssp.mollis and C.hydrophilum Widening of California Highway 37 will. var.hydrophilum may be especially threaten wetlands that occur along the hydrophilum and Cordylanthus mollis vulnerable to increased salt levels due Napa River(ABAG 1991)and may ssp.mollis has been severely curtailed to the limited number of individuals adversely affect habitat for C.mollis ssp. by past human activities.Hydraulic and their restricted distribution. mollis.Proposed widening of Highway mining;diking and filling involved in The two plant species also face threats 12 near the Suisun Marsh would agricultural land conversion and from habitat fragmentation associated urbanisation,waste disposal, ort and g threaten the habitat of both plants p p with commercial and residential (Brenda Grewell,pers.comm. 1993), industrial development,railroad development,road construction,and either due_to habitat fragmentation as construction,dredging,salt production, effects of historical fragmentation by discussed above or by runoff. and sedimentation have drastically activities associated with clearing for reduced the amount of tidal marsh in . agriculture,railroad construction, Projects that alter the natural tidal California(Atwater 1979,MacDonald dredging,and conversion to salt ponds. regime also threaten both taxa.The 1990,Association of Bay Area' These activities have split habitat into Western Suisun Marsh Salinity Control Governments(ABAG)AM).Changes in smaller,more isolated units.Habitat Project(CDWR and U.S.Bureau of freshwater inflow,pollution,habitat fragmentation may alter the physical Reclamation(USBR)1991,CDWR and conversion,habitat fragmentation,and environment,changing the amount of USBR 1993)is proposed to lower alteration of the natural tidal regime incoming solar radiation,water,wind, channel salinity in the western portion continue to threaten-the habitat of both or nutrients for the remnant vegetation of Suisun Marsh to comply with water species. (Saunders et al.1991).In addition,a quality.standards specified by the State In San Pablo Bay,historical tidal higher proportion of the area of these Water Resources Control Board's Water wetlands have been diked and fragmented natural areas is subject to,. Right Decision 1485.Project alternatives converted to agricultural lands that were the influences from external factors initially proposed for this project farmed for oat hay.In addition, (e.g.,additional development,off-road include the Cutoff Slough Water approximately 4,050 ha(10,000 acres) vehicular use,competition with non- Delivery System,Cordelia-Goodyear also were converted to salt ponds.In native vegetation,human intrusion,and Ditch,and the Boynton-Cordelia Ditch. Suisun Bay,most of the 28,780 ha numerous other human influences)that, _,The proposed Cutoff Slough Water (71,100 acres)of tidal marshes that disrupt natural ecosystem processes. Delivery System includes tide gates that existed in 1850 were converted Further effects of habitat fragmentation would threaten tidal marsh by originally to agricultural land,and then . 'on the two plant species are discussed subjecting it to higher water elevations to diked seasonal wetlands used for in Factor E. waterfowl management.Only 3,780 ha Projects that convert habitat from tidal and converting the area to a natural (9,340 acres)within Suisun Marsh marsh to diked seasonal wetlands ' water storage reservoir(Randall Brown, remain as tidal marsh(Dedrick 1989). potentially threaten both Cirsium CDWR,in litt.1993).Although this ��Most of the remaining tidal marshes are hydrophilum var.hydrophilum and proposed alternative initially has.-been backed by steep levees,allowing for Cordylanthus mollis ssp.mollis.Within eliminated,this project is still in the . little or no transitional wetland Suisun Marsh,the conversion of tidal proposed stage and has not been habitat—the habitat required by Cirsium marsh to diked seasonal wetlands,a finalized. Federal Register i Vol. 60, No. 112 I Monday, June 12, 1995 i Proposea Kules 31003 13. Overutilization for Commercial, Code of Regulations 670.2). Listing by thistle),a non-native,also is a potential 'creolional, Scientific. or Educational the State of California requires threat. Cirsium vulgare,hybridizes Tposes individuals to obtain a memorandum of readily with other Cirsium. Overutilization currently is not understanding with the CDFG to possess Hybridization with C. vulgare was known to be a-factor for these two or"take"a listed species.Although the suggested as a possible explanation for plants. Increased collecting for scientific "take"of State-listed plants is the previously presumed extinction of or horticultural purposes or excessive - prohibited(California Native Plant C.hydrophilum var. hydrophilum visits by individuals interested in seeing Protection Act,chapter 10 sec.1908 and (Smith and Berg 1988). rareP lants could result,however,from California Endangered Species Act, Chronic pollution from petroleum increased publicity resulting from chapter 1,5 sec.2080),State law products is an ongoing threat to the publication of this proposal. exempts the taking of such plants via habitat of both plants within San Pablo habitat modification or land use changes Bay and southern Suisun Bay.Oil spills C.Disease or Predation by the owner.After CDFG notifies a can result in severe and long lasting The health of one of the largest landowner that a State-listed plant destruction of salt marsh vegetation. occurrences of Cordylanthus mollis ssp. growi on his or her property,State law Studies on mangroves,seagrasses,salt mollis is declining due to insect requires only that the land owner notify marsh grasses,and algae have shown predation(Brenda Grewell,pers.COMM. the agency"at least 10 days in advance that petroleum causes death,reduced 1993).Intense insect seed predation has of changing the land use to allow growth,and impaired reproduction in been observed in the population at Joice salvage of such a plant"(Native Plant - large plants(Albers 1992).The effects of Island and Hill Slough within Suisun Protection Act,chapter 10 sec. 1913). a petroleum spill to plants depends on Marsh in Solano County(Randall Under the California Environmental several factors including the time of Quality Act(CEQA),the public agency year,the type of petroleum product Brown,in lift.1993).Neither disease nor with primary authority or jurisdiction (crude or refined),and the degree of predation is known to be a factor for Cirsium hydrophilum var.hydrophilum. anover the project(the lead agency)is coverage(Hershner d Moore 1977; responsible for conducting a review of Rob Ricker,CDFG,pers.comm. 1993).A D. The Inadequacy of Existing the project and consulting with the plant entirely covered by oil will die. Regulatory Mechanisms other agencies concerned with the Oil that seeps into sediments can affect Section 404 of the Clean Water Act resources affected by the project. the roots or rhizomes of plants as well. However,the lead agency may approve Oil spills may also affect plants by represents the primary Federal law that t jecs affords some protection for these two Projects,that cause significant decreasing the amount of plant biomass plants.Under section 404 of the Clean environmental damage,such as the (either above or below ground),or by Water Act,nationwide permits may be destruction of State-listed threatened decreasing the reproductive capacity of for certain activities that are and rare species,and does not always the plant(Rob Ricker,pers.comm. require adequate mitigation for the 1993). idered to have minimal impacts oil spill cleanup,minor replacement or protection of the affected Four hundred to 800 oil spills occur hidingresources.The protection of species annually within California(Rob Ricker, dredging,maintenance dredging of existing basins,and minor bank under CEQA is,therefore,dependent pers.comm. 1993).Within northern upon the discretion of the lead agency. California,309 reported spills affecting stabilization.Activities that do not Legislation enacted by the State of marine or estuarine habitats within the qualify for authorization under a California in 1977 provided for the jurisdiction of the Service's Sacramento nationwide permit,including projects ry that would result in more than mi preservation of Suisun Marsh.This Field Office occurred between March minimal I legislation established primary and 1992 and March 1993(Office of adverse environmental effects,either secondary management areas.The Environmental Services(OES)1992 and individually or cumulatively,may be secondary management areas were 1993).Most of these spills occurred in authorized by an individual or regional established to provide a buffer against the San Francisco Bay Estuary. general permit,which are subject to development.In 1982,the Preservation In 1988,an oil spill in Martinez, more extensive review.Regardless of the Act was amended to exclude,in the California,flowed as far as Suisun Bay. type of permit deemed necessary under primary management area,land Although these plants are found within section 404,candidate species may proposed for the Lawlor Ranch the receive no special consideration. northern part of the Suisun Marsh development.Exclusion of this land has. and may not be threatened directly by The Army Corps of Engineers(Corps) reduced the buffer between urbanization an oil spill in San Francisco Bay,the is the Federal agency responsible for and Suisun Marsh.The indirect effects potential for oil spills exists from administering the section 404 program. of urbanization are discussed further in vessels operating within the marsh,as The Service,as part of the section 404 Factors A and E. well as from an accidental spill.from review process,provides comments on railroads that bisect the marsh.Oil spills bothpre-discharge notices for E.Other Natural or Manmade Factors also are an ever present threat to nationwide permits and public notices Affecting Their Continued Existence Cordylanthus mollis ssp.mollis for individual permits.The Service's Both occurrences of Ch-slum"i""'. occurring near Point Pinole(Pat comments are only advisory,although hydrophilum var.hydrophilum are O'Brien,General Manager,East Bay procedures exist for elevation when adversely affected by non-native plants. Regional Parks District,in Litt.1994). disagreements between the agencies Lepidium latifolium(perennial Chronic pollution from other sources arise.In practice,the Corps'actions peppergrass),a rated noxious weed also may threaten the habitat of both under section 404 are insufficient to (California Department of Food and plants.It is unknown,however,what protect&se candidate plants. Agriculture 1993),has"moved in effects heavy metals in industrial FFG has listed Cordylanthus mollis especially In the last,5 years"(Brenda discharges have on these two taxa.In Collis as rare under the California Grewell,pers.comm. 1993).Cirsium 1978,52 municipal treatment facilities , gered Species Act(chapter 1.5 hydrophilum var.hydrophilum is out- and 42 industrial facilities continuously -.—:-2050 et seq.of the California Fish competed by L.latifollum. discharged wastewater into San and Game Code and title 14,California Hybridization with,C.vulgare(bull Francisco Bay(Western Ecological 31004 Federal Register / Vol. 60, No. 112 / Monday, June 12, 1995 / Proposed Rules Services Company (WESCO) 1986). By Regional Park's Point Pinole Regional considered but not preferred because 1982,over 200 permits for industrial Seashore. Foot traffic also is a potential not listing them at all or listing them as discharges had been granted(WESCO threat to the largest occurrence of C. threatened would not provide adequate 1986). mollis ssp,mollis due to the increased protection and would not be in keeping The amounts of heavy metals in the urbanization occurring within 1/4 mile. with the Act. San Francisco Bay Estuary are projected Although foot traffic may create Critical Habitat to increase during the next 10 years.The opportunities for C.mollis ssp. mollis to San Francisco Bay Conservation and become established by reducing Critical habitat is defined in section 3 Development Commission,Center for competition from Salicornia,this of the Act as:(i)the specific areas Environmental Design Research,and the disturbance cannot be considered within the geographical area occupied Greenbelt Alliance(1992)collectively beneficial because C.mollis ssp.mollis by a species,at the time it is listed in modelled plausible land use changes plants have shallow roots,are very accordance with the Act,on which are and their impact to the health of the San brittle,and can be easily damaged found those physical or biological Francisco Bay Estuary.Several methods (Stromberg 1986). features(I)essential to the conservation were used to determine the effects of Erosion is a threat to Cordylanthus . of the species and(II)that may require land use change including two future mollis ssp.mollis located on the Point special management consideration or land use models.The model projecting _ Pinole Regional Seashore.The main protection and;(ii)specific areas the highest increase in heavy metal was population of C.mollis ssp.mollis is outside the geographical area occupied based on a composite of the general plan immediately adjacent to a slough that is by a species at the time it is listed,upon maps for all of the counties in the undergoing bank slumping(Stromberg determination that such areas are estuary.Amounts of heavy metals 1986).Individual plants are threatened , essential for the conservation of the including lead,nickel,and cadmium by the slumping and subsequent species."Conservation"means the use were projected to increase under both undercutting of the bank. of all methods and procedures needed future land use models in all the The Service has carefully assessed the to bring the species to the point at watersheds that include habitat for these best scientific and commercial which listing under the Act is no longer two plants. information available regarding the past, necessary. As discussed in Factor A,habitat present,and future threats faced by Section.4(a)(3)of the Act,as fragmentation may alter the physical these species in determining to propose amended,and implementing regulations environment.In.addition,habitat this rule. Cirsium hydrophilum var. (50 CFR 424.12)require that,to the fragmentation increases the risks of hydrophilum,limited to only two maximum extent prudent and extinction due to chance.events such as occurrences,is threatened variously by determinable,the Secretary designate pest or-disease outbreaks,reproductive indirect effects of urbanization, critical habitat at the time the species is failure,or other natural or human- vulnerability to extinction due to q )caused disasters.The small;isolated chance environmental events including listed.The Service finds thatdesignation of critical habitat is not nature of Cirsium hydrophilum var. oil spills,competition with non-native prudent for Cirsium hydrophilum var. hydrophilum,which has only two vegetation,projects that alter natural hydrophilum and Cordylanthus mollis occurrences,makes extinction from tidal regime,stochastic events,and ssp.mollis at this time.Service stochastic(random)events more likely. inadequate regulatory mechanisms regulations(50 CFR 424.12(a)(1))state Chance events,such as disease across all of its current range. that designation of critical habitat is not outbreak,oil spills,extended drought, Urbanization,industrial development, the following prudent or a combination of several such events, and agricultural land conversion have ptsituations exist when one or both oof f t The could destroy part of a single population extirpated or potentially extirpated. or entire populations.The risk of nearly 45 percent of known occurrences species is threatened by taking or other extirpation due to genetic and . of Cordylanthus mollis ssp.mollis.The human activity,and identification of demographic problems associated with species currently is restricted to about 8 critical habitat can be expected to small populations is a threat to at least ha(20 acres)of habitat.Indirect effects increase the degree of threat to the the two occurrences of Cordylanthus of urbanization including habitat species,or(2)such designation of mollis ssp:mollis that have fewer than fragmentation,habitat conversion, critical habitat would not be beneficial 25 individuals. alteration in water and salinity levels, to the species. Increases in foot traffic and mosquito inadequate regulatory mechanisms, The listing of these species under the abatement also will result from mosquito abatement activities Act publicizes the rarity of these plants increased urbanization(Brenda Grewell, (including off-highway vehicle use), and,thus,can make these plants pers.comm. 1993):Mosquito abatement water pollution,insect predation, attractive to researchers or collectors of activities threaten Cirsium hydrophilum projects that alter natural tidal regimes, rare plants.Incidents of collection or var.hydrophilum and Cordylanthus erosion,foot traffic,and extirpation due ••vandalism could contribute to the mollis ssp.mollis. Within Suisun to genetic and demographic problems decline of the species. Marsh,both species grow along or near variously continue to threaten most Critical habitat designation for either first order channels or mosquito_ occurrences of C.mollis ssp.mollis Cirsium hydrophilum var.hydrophilum abatement drainage ditches.Cleaning or across ji�remaining range.Because C. and Cordylanthus mollis ssp.mollis-is dredging along these channels may hydrop)iIum var.hydrophilum and C. not prudent due to lack of benefit.Most adversely impact individual plants due mollis .mollis are in danger of populations of the two taxa occur on to their proximity to the mosquito. extinction throughout all or a significant private or State lands.Because both abatement drainage ditches.Vehicular part of their respective ranges,they fit plant species occur at very few damage to plant populations parallel to the definition of endangered species in locations,any activity that would these channels has been noted(Randall the Act.The preferred action,therefore, adversely modify critical habitat would 3rown,in litt.1993). is to list Cirsium hydrophilum var. likely jeopardize the continued Foot traffic is a threat to Cordylanthus hydrophilum and Cordylanthus mollis existence of the species as well.The mollis ssp.mollis.A trail runs through ssp.mollis as endangered.Other designation of critical habitat on private the occurrence located on East Bay alternatives to this action were or State lands affords no additional Federal Register 1 Vol. 60, No. 112 / Monday. June 12. 1995 I Proposed Rules 3100: benefit for the.e species )tor,iiat be involved as an authorizing agency for regulations or in violation of State provided as a nosult of listin?. permits to dredge or fill wetlands and criminal trespass law. The Service is n(, Protection of the habitat of these navigable waters of the United States. aware of any otherwise lawful activities species will be addressed through the The Corps regulates dredging and filling being conducted or proposed by the section 4 recovery process and the of jurisdictional wetlands and navigable public that will be affected by this section 7 consultation process.The waters,including salt water marshes, listing and result in a violation of Service believes that Federal under section 404 of the Clean Water section 9. involvement in the areas where these Act.By regulation,nationwide permits The Act and its implementing plants occur can be identified without may not be issued where a federally regulations found at 50 CFR parts 17.61, the designation of critical habitat.For listed endangered or threatened species 17.62,and 17.63 for endangered plant the reasons discussed above,the Service may be affected by the proposed project species set forth a series of general finds that the designation of critical without first completing consultation prohibitions and exceptions that apply habitat for these plants is not prudent. pursuant to section 7 of the Act.The to all endangered or threatened plants. Available Conservation Measures - presence of a listed species would With respect to the two plants from the highlight the national importance of San Francisco Bay area,all prohibitions Conservation measures provided to these resources.Highway construction of section 9(a)(2)of the Act, species listed as endangered or and maintenance projects that receive implemented by 5o CFR 17.61,would threatened under the Act include funding from the Department of apply.Activities that would violate recognition,recovery actions, Transportation(Federal Highway section 9 of the Act include the import, requirements for Federal protection,and Administration)also would be subject export,delivery,receipt,carrying, prohibitions against certain activities. to review under section 7 of the Act. transporting,or shipping such species Recognition through listing encourages Listing Cirsium hydrophiilum var. in interstate or foreign commerce in the and results in conservation actions by hydrophilum and Cordylanthus mollis course of a commercial activity;the sale Federal,State,and private agencies, ssp.mollis as endangered would or offer for sale of such species in groups,and individuals.The Act provide for development of a recovery interstate or foreign commerce;removal provides for possible land acquisition plan(or plans)for them.Such plan(s) and reduction to possession of federally and cooperation with the State and would bring together both State and listed plant species from areas under requires that recovery plans be Federal efforts for conservation of the Federal jurisdiction;the malicious developed all listed species.The plants.The recovery plan(s)would damage or destruction of any such plant protection required of Federal agencies establish a framework for agencies to species on any area under Federal and the prohibitions against certain coordinate activities and cooperate with jurisdiction;or the removal,cutting, activities involving listed plants are each other in conservation efforts.The digging up,damage,or destruction of discussed,in part,below. plan(s)would set recovery priorities and any such plant species on any other area Section 7(a)of the Act requires estimate costs of various tasks necessary in knowing violation of an State law or ary $ Y Federal agencies to evaluate their to accomplish them.It also would regulation or in the course of any actions with respect to any species that describe site-specific management violation of~a State criminal trespass is proposed or listed as endangered or actions necessary to achieve law.Activities that are unlikely to threatened and with respect to its conservation and survival of the two violate section 9 of the Act include critical habitat,if any is being species.Additionally,pursuant to animal grazing,waterfowl hunting,bird designated.Regulations implementing section 6 of the Act,the Service could watching,and fishing.Certain this interagency cooperation provision grant funds to affected States for exceptions apply to agents of the of the Act are codified at 50 CFR part management actions promoting the Service and State conservation agencies. 402. Section 7(a)(4)of the Act requires protection and recovery of these species. The Act and 50 CER parts 17.62,17.63, Federal agencies to confer with the It is the policy of the Service, and 17.72 also provide for the issuance Service on any action"that is likely to published in the Federal Register on of permits to.carry out otherwise jeopardize the continued existence of a July 1,1994(59 FR 34272),to identify prohibited activities involving proposed species or result in , to the maximum extent practicable at endangered or threatened plant species destruction or adverse modification of the time a species is listed those under certain circumstances.The proposed critical habitat.If a species is activities that would or would not Service anticipates few permits would listed subsequently,section 7(a)(2)of constitute a violation of section 9 of the ever be sought or issued for the two the Act requires Federal agencies to Act.The intent of this policy is to-- species because the plants are not ensure that activities they authorize, increase public awareness of the effect" common in cultivation or in the wild. fund,or carry out are not likely to of the listing on proposed and ongoing Requests for copies of the regulations jeopardize the continued existence of activities within a species'range.Most on listed plants and inquiries regarding such a species or to destroy or adverselyoccurrences of both plants are either on them may be addressed to U.S.Fish and modify its critical habitat.If:a,Federal... - private-or non-Federal lands.One Wildlife Service,Ecological Services, action may affect a listed species or its- population of Cordylanthos.mollis ssp.. Endangered Species Permits,911 NE critical habitat,the responsible Federal" mollis occurs on land managed by the " lith Avenue,Portland,Oregon 97232— agency must enter into consultation Department of Defense(U.S.Navy)., 4181((503)231-2063.or FAX(503)231— with the Service. Collection,damage of:destruction of this 6243). One occurrence of Cordylanthus species on public lands is prohibited, public Comments Solicited mollis ssp.mollis occurs on land that is although in appropriate cases a Federal managed by the U.S.Navy.The USBR endangered species permit may be The Service intends that any final and the Corps would become involved issued to allow collection.Removal, action resulting from this proposal will with these plants through their funding cutting,digging up,damaging or be as accurate and as effective as of projects that may directly impact the destroying endangered plants on non- possible.Therefore,comments or plants'habitat or support development Federal lands would constitute a suggestions from the public,other of areas that contain suitable salt or violation of section 9 if conducted in concerned governmental agencies,the brackish marshes.The Corps also would knowing violation of State law or scientific community,industry,or any 31006 Federal Register Vol. 60, No. 112 Monday, June 12, 1995 Proposed Rules other interested party concerning this lead to a final regulation that differs Wildlife Service, Sacramento Field 1roposed rule are hereby solicited. from this proposal. Office(see ADDRESSES section). 11 ornments particularly are sought The Act provides for a public hearing concerning: on this proposal,if requested. Requests List of Subjects in So CFR'Part 17 (1)Biological,commercial,or other must be received within 45 days of the Endangered and threatened species, relevant data concerning any threat(or date of publication of the proposal. Exports,Imports,Reporting and lack thereof)to Cirsium hydrophilum Such.requests must be made in writing recordkeeping requirements,and var.hydrophilum and Cordylanthus and addressed to the Field Supervisor, mollis ssp. mollis; Sacramento Field Office(see ADDRESSES Transportation. .(2)The location of any additional section). Proposed Regulation Promulgation populations of these species and the National Environmental Policy Act Accordingly,the Service hereby reasons why any habitat should or The Fish and Wildlife Service has proposes to amend part 17,subchapter should not be determined to be critical determined that an Environmental B of chapter 1,title So of the Code of habitat as provided by section 4 of the Assessment or Environmental Impact Federal Regulations;as set forth below: Act; Statement,as defined under the (3)Additional information concerm"rig authority of the National Environmental PART 17--[AMENDED] the range,distribution,and population Policy Act of 1969,need not be size of these species;and prepared in connection with regulations 1.The authority citation for part 17 (4)Current or planned activities in the adopted pursuant to section 4(a)of the continues to read as follows: subject areas and their possible impacts Act.A notice outlining the Service's Authority:16 U.S.C.1361-1407;16 U.S.0 on these species. reasons for this determination was published in the Federal Register on 1531-1544;16 U.S.C.4201-4245;Pub.L.99- The Service particularly solicits October 25,1983(4a FR 49244). 625,100 Stat.3500,unless otherwise noted. expert opinion from independent 2.Section 17,12(h)is amended by specialists regarding pertinent scientific References Cited adding the following,in alphabetical or commercial data and assumptions A complete list of all references cited order under FLOWERING PLANTS,to relating to taxonomy,population herein is available upon request from the List of Endangered and Threatened models,and supportive biological and the Field Supervisor,Sacramento Field Plants,to read as follows: ecological information.Any final Office(see ADDRESSES section). decision on this proposal will take into §17.12 Endangered and threatened plants. consideration the comments and any Author additional information received by the The primary author of this proposed Service,and such communications may rule,is Kirsten Tarp,U.S.Fish and (h) Species Historic range Family name Status When listed Critical Special Scientific name Common name habitat rules FLOWERING PLANTS Cirsium hydrophilum Suisun thistle .......... U.S.A.(CA) ............. var.hydrophilum. Asteraceae................ E NA NA • • Cordylanthus mollis Soft bird's-beak...... U.S.A.(CA) ............. Scroph0ariaceae.... E NA NA ssp.mollis. Dated:February 8,1995. Mollie H.Beattie, Dfriector,Fish and Wildlife Service. [FR Doc.95-14144 Filed 6-9-95;8:45 am) SILUNG CODE 4310-65-P