[Federal Register: November 21, 2002 (Volume 67, Number 225)]
[Proposed Rules]
[Page 70199-70201]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no02-39]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AH76
Endangered and Threatened Wildlife and Plants; Critical Habitat
Designation for Scotts Valley Polygonum (Polygonum hickmanii)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of public comment periods; notice of
availability of draft economic analysis and final addendum.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of a draft economic analysis and final addendum for the
proposed designation of critical habitat for Scotts Valley polygonum
(Polygonum hickmanii), a species restricted to the northern Scotts
Valley area in Santa Cruz County, California. We are also reopening the
comment periods for the proposal to list this species as endangered and
on the proposal to designate critical habitat for this species to allow
all interested parties to comment simultaneously on the proposed rules,
draft economic analysis, and final addendum. The economic analysis
shows a range of likely costs from the designation of the proposed
critical habitat of between $165,000 to $565,000 over a 10-year period.
Comments previously submitted need not be resubmitted as they will be
incorporated into the public record as part of this extended comment
period, and will be fully considered in the final rule.
DATES: We will accept comments until December 6, 2002. Comments must be
received by 5 p.m. on the closing date. Any comments that are received
after the closing date may not be considered in the final decisions.
ADDRESSES: Written comments and information should be submitted to the
Field Supervisor, U.S. Fish and Wildlife Service, Ventura Fish and
Wildlife Office, 2493 Portola Road, Suite B, Ventura, CA 93003. Written
comments may also be sent by fax to 805-644-3958 or hand-delivered to
our Ventura Fish and Wildlife Office at the above address. You may also
send comments by electronic mail (e-mail) to fw1svpolygonum@r1.fws.gov.
You may view comments and materials received, as well as supporting
documentation used in the preparation of this proposed rule, by
appointment, during normal business hours in the U.S. Fish and Wildlife
Service's Ventura Fish and Wildlife Office at the above address. You
may obtain copies of the proposed rule and draft economic analysis from
the above address, by calling 805-644-1766, or from our Web site at
http://ventura.fws.gov/.
FOR FURTHER INFORMATION CONTACT: Diane Noda, Field Supervisor, Ventura
Fish and Wildlife Office, at the above
[[Page 70200]]
address (telephone 805-644-1766; facsimile 805-644-3958).
SUPPLEMENTARY INFORMATION:
Background
Polygonum hickmanii is a small, erect, taprooted annual in the
buckwheat family (Polygonaceae). It grows from 2 to 5 centimeters (cm)
(1 to 2 inches (in)) tall, and can be either single stemmed or
profusely branching near the base in more mature plants. The linear-
shaped leaves are 0.5 to 3.5 cm (0.2 to 1.4 in) long and 1 to 1.5 cm
(0.4 to 0.6 in) wide and tipped with a sharp point. The single white
flowers consist of two outer petals and three inner petals and are
found in the axils of the bracteal leaves. The plant flowers from late
May to August. Seed production ranges from a few dozen in a typical
individual to as many as 200 in a particularly robust individual (Randy
Morgan, biological consultant, pers. comm., 1998). Although pollination
for this species has not been studied, Morgan observed a sphecid wasp
(family Sphecidae) visitation to an individual of P. hickmanii (R.
Morgan, pers. comm., 1998). Other potential pollinators have not been
identified at this time, and the degree to which P. hickmanii depends
on insect pollinators (rather than being self-pollinated) has not been
determined. The nearest location of a closely related species,
Polygonum parryi, is at Mount Hamilton, about 48 kilometers (km) (30
miles (mi)) inland. P. hickmanii differs from P. parryi in its larger
white flowers, longer leaves, larger anthers and seeds, and longer,
straight stem sheath (Hinds and Morgan 1995).
Polygonum hickmanii is known from two sites about 1.6 km (1 mi)
apart at the northern end of Scotts Valley in Santa Cruz County,
California. The species is found on gently sloping to nearly level
fine-textured shallow soils over outcrops of Santa Cruz mudstone and
Purisima sandstone (Hinds and Morgan 1995). Polygonum hickmanii occurs
with Chorizanthe robusta var. hartwegii (Scotts Valley spineflower), a
federally endangered species, and other small annual herbs in patches
within a more extensive annual grassland habitat. These small patches
have been referred to as ``wildflower fields'' because they support a
large number of native herbs, in contrast to the adjacent annual
grasslands that support a greater number of non-native grasses and
herbs. While the wildflower fields are underlain by shallow, well-
draining soils, the surrounding annual grasslands are underlain by
deeper soils with a greater water-holding capacity, and therefore more
easily support the growth of non-native grasses and herbs. The surface
soil texture in the wildflower fields tends to be consolidated and
crusty rather than loose and sandy (Biotic Resources Group (BRG) 1998).
Elevation of the sites is from 215 to 245 meters (m) (700 to 800 feet
(ft)) (Hinds and Morgan 1995).
Polygonum hickmanii and Chorizanthe robusta var. hartwegii are
associated with a number of native herbs including goldfields
(Lasthenia californica), sandwort (Minuartia douglasii), California
sandwort (Minuartia californica), gilia (Gilia clivorum), owl's clover
(Castilleja densiflora), sky lupine (Lupinus nanus), brodiaea (Brodiaea
terrestris), Mount Diablo cottonweed (Stylocline amphibola), Gray's
clover (Trifolium grayii), and coast tarplant (Hemizonia corymbosa).
Non-native species present include filago (Filago gallica) and rattail
(Vulpia myuros) (California Natural Diversity Data Base (CNDDB) 1998;
R. Morgan, pers. comm., 1998). In many cases, the habitat also supports
a crust of mosses and lichens (BRG 1998).
Approximately 11 colonies of Polygonum hickmanii occur on 2 sites
in the Scotts Valley area. The first site is located north of Casa Way
and west of Glenwood Drive in northern Scotts Valley. Referred to as
the Glenwood site, it contains five colonies of P. hickmanii that occur
on two privately owned parcels of land. Several colonies are situated
within a 4-hectare (ha) (9-acre (ac) preserve on a 19-ha (48-ac) parcel
that is owned by the Scotts Valley Unified School District (Denise
Duffy and Associates 1998), and other colonies are located
approximately 0.08 km (0.13 mi) to the west of the School District
colony on a parcel of land owned by the Salvation Army (CNDDB 1998).
Additional patches of suitable but unoccupied habitat for Polygonum
hickmanii, Scotts Valley spineflower, and other wildflower field taxa
have been mapped on adjacent parcels directly east and north of the
School District preserve (Denise Duffy and Associates 1998). These
parcels are owned by American Dream/Glenwood L.P. A residential
development has been approved for construction; it includes a proposed
open space parcel that includes all of the suitable but unoccupied
habitat for P. hickmanii (Impact Sciences 2000a).
The second site is referred to as the ``Polo Ranch'' site. Located
just east of Highway 17 and north of Navarra Road in northern Scotts
Valley, this site is approximately 1.6 km (1 mi) east of the Salvation
Army and School District colonies. Colonies within the Polo Ranch site
occur on a parcel of land owned by Greystone Homes (Lyons, in litt.,
1997). Six colonies of Polygonum hickmanii, as well as Scotts Valley
spineflower, occur within 0.2 km (0.1 mi) of each other on the Polo
Ranch site (Lyons, in litt., 1997; Impact Sciences 2000b).
Pursuant to the Endangered Species Act of 1973, as amended (Act)
(16 U.S.C. 1531 et seq.), Polygonum hickmanii was proposed as
endangered on November 9, 2000 (65 FR 67335). On February 15, 2001, we
published in the Federal Register (66 FR 10440) a rule proposing
critical habitat for P. hickmanii and Chorizanthe robusta var.
hartwegii concurrently. Since a final listing determination had not
been made for P. hickmanii, on September 19, 2001, we published in the
Federal Register (66 FR 48227) a notice requesting the public to
comment on the draft economic analysis for only C. robusta var.
hartwegii. Based on the comments received, a final addendum to the
draft economic analysis was prepared. The final addendum for the
economic analysis included both species because it was based on the
proposed critical habitat designation. The final critical habitat
determination for C. robusta var. hartwegii was published on May 29,
2002 (67 FR 37336). A final critical habitat determination has not been
made for P. hickmanii. We anticipate publishing the final listing and
critical habitat determinations for P. hickmanii concurrently.
Section 4(b)(2) of the Act requires that the Secretary shall
designate or revise critical habitat based upon the best scientific and
commercial data available, after taking into consideration the economic
impact of specifying any particular area as critical habitat. Based
upon the previously published proposal to designate critical habitat
for the Polygonum hickmanii, and comments received during the previous
comment period, we have prepared a draft economic analysis and final
addendum of the proposed critical habitat designation.
Copies of the draft economic analysis and final addendum are
available on the Internet at http://www.r1.fws.gov or by writing to the
Field Supervisor, U.S. Fish and Wildlife Service, Ventura Fish and
Wildlife Office, 2493 Portola Road, Suite B, Ventura, CA 93003.
Public Comments Solicited
We have reopened the comment periods at this time in order to
accept the best and most current scientific and
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commercial data available regarding the proposed listing and critical
habitat determinations for Polygonum hickmanii, and the draft economic
analysis and final addendum associated with the designation of critical
habitat. Previously submitted written comments on the listing or
critical habitat proposals need not be resubmitted. We will accept
written comments and information during this reopened comment period.
If you wish to comment, you may submit your comments and materials
concerning this proposal by any of several methods:
You may mail or hand-deliver written comments and information to
the Field Supervisor, U.S. Fish and Wildlife Service, Ventura Fish and
Wildlife Office, 2493 Portola Road, Suite B, Ventura, CA 93003. Hand
deliveries must be made during normal business hours.
You may also send comments by electronic mail (e-mail) to
fw1svpolygonum@r1.fws.gov. Please submit electronic comments in ASCII
file format and avoid the use of special characters and encryption.
Please include ``Attn: RIN 1018-AH82'' and your name and return address
in your e-mail message. If you do not receive a confirmation from the
system that we have received your e-mail message, contact us directly
by calling our Ventura Fish and Wildlife Office at phone number 805/
644-1766.
We solicit comments or suggestions from the public, other concerned
governmental agencies, tribes, the scientific community, industry, or
any other interested parties concerning the proposal or the draft
economic analysis. We particularly seek comments concerning:
(1) Does the analysis adequately address the indirect effects eg:
property tax losses due to reduced home construction, losses to local
business due to reduced construction activity.
(2) Does the analysis accurately define and capture opportunity
costs.
Author
The primary author of this notice is Connie Rutherford (see
ADDRESSES section).
Authority
The authority for this action is the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
Dated: November 7, 2002.
Paul Hoffman,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-29621 Filed 11-19-02; 8:45 am]
BILLING CODE 4310-55-P