Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for the Plant Puccinellia Parishii (Parish's Alkali Grass)

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC21

Endangered and Threatened Wildlife and Plants; Proposed

Endangered Status for the Plant Puccinellia Parishii (Parish's Alkali

Grass)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service (Service) proposes to list the

plant Puccinellia parishii (Parish's alkali grass) as an endangered

species under the authority of the Endangered Species Act of 1973, as

amended (Act). This ephemeral annual grass occurs in small, widely

disjunct populations in California, Arizona, and New Mexico occupying

desert springs or seeps. Parish's alkali grass is threatened by

alteration of hydrologic flows due to spring or seep development, water

diversion or impoundment, and groundwater pumping; loss of habitat from

farming, grazing, and residential construction activities; limited

distribution; and low population numbers. This proposal, if made final,

would implement Federal protection provided by the Act for Parish's

alkali grass. Critical habitat is not being proposed.

DATES: Comments from all interested parties must be received by May 27,

1994. Public hearing requests must be received by May 12, 1994.

ADDRESSES: Comments and materials concerning this proposal should be

sent to the Field Supervisor, U.S. Fish and Wildlife Service, New

Mexico Ecological Services Field Office, 3530 Pan American Highway, NE,

suite D, Albuquerque, New Mexico 87107. Comments and materials received

will be available for public inspection, by appointment, during normal

business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Anne Cully, at the above address (505/

883-7877).

SUPPLEMENTARY INFORMATION:

Background

Parish's alkali grass was first collected by Samuel Bonsal Parish

at Rabbit Springs in the Mojave Desert of California in 1915. It was

described by A.S. Hitchcock in 1928. Parish's alkali grass has also

been collected in Arizona and New Mexico.

Parish's alkali grass is a member of the grass family (Poaceae). It

is a dwarf, ephemeral, winter-to-spring, tufted annual that flowers

from April to May. The leaves are 1-3 centimeters (cm) (0.4-1.2 inches

(in)) long, firm, upright, and very narrow. Flowering stems are 2-20 cm

(0.8-8 in) long and number 1-25 per plant. The inflorescence is 1-10 cm

(0.4-4 in) long, narrow, and few-flowered. Each division has 2-6

perfect flowers, 3-5 millimeters (mm) (0.1-0.2 in) long, that separate

at maturity.

Parish's alkali grass is known from widely disjunct localities in

California, Arizona, and New Mexico. Its small populations occupy a

very specific desert habitat of alkaline springs and seeps at

elevations of 700-1,800 meters (m) (2,300-6,000 feet (ft)). This

species is dependent upon continuous spring or seep flows. Population

size fluctuates widely in response to climatic conditions and

precipitation.

In Arizona, Parish's alkali grass is documented from several

historic locations on the Navajo and Hopi Indian reservations. These

include a marsh near Tuba City in Coconino County (Phillips and

Phillips 1991) and near Shato (Shonto), Navajo County. There are seven

currently known sites in Arizona, all from the vicinity of Tuba City.

It is unknown whether the historic and currently known locations near

Tuba City are precisely the same. The 7 known populations total

approximately 400 plants and occupy about 0.1 hectare (ha) (0.2 acre

(ac)) of mesic canyon bottom seeps and natural springs. Associated

riparian species include Triglochin spp. (arrowgrass), Distichlis

stricta (saltgrass), and Juncus spp. (rush). The Shato population has

not been relocated; wetland sites may have disappeared in response to

severe overgrazing (B. Hevron, Navajo Natural Heritage Program, pers.

comm., 1993).

Parish's alkali grass presently occurs at two sites in the

California Mojave Desert. The first site is located on a privately

owned multiple spring complex in San Bernardino County. First collected

at these springs in 1915 and later in 1950 (Phillips and Phillips

1991), the species was rediscovered at the spring complex in 1992 (T.

Thomas and C. Rutherford, U.S. Fish and Wildlife Service, pers. comm.,

1993). An estimated 100-200 plants occupy a 50 square (sq) m (500 sq

ft) area, 5-8 m (16-26 ft) downslope from a leaking earthen

impoundment. Associated species include Anemopsis californica (yerba

mansa), Carex spp. (sedge), saltgrass, Hesperochiron pumilus, and

Mimulus guttatus (monkey flower). It is uncertain whether Parish's

alkali grass disappeared at this location or was merely overlooked;

botanists had searched for it repeatedly (Rutherford, pers. comm.,

1993). Alteration of hydrology and loss of habitat could explain why

this species remained undetected for 42 years (Phillips and Phillips

1991). There is little historic information on the land use or

hydrology of this spring complex from which to evaluate the present

condition of the Parish's alkali grass population. However, it is

evident that the spring complex was altered at some point to create

several ponds for livestock use (Thomas, pers. comm., 1993).

Development around this site may have contributed to lowering the water

table to the point that the spring stopped or rarely flowed (Phillips

and Phillips 1991). Jerrold Davis, of the Bailey Herbarium at Cornell

University, noted that the spring itself did not appear to have flowed

for a long time (A. Phillips, Museum of Northern Arizona, pers. comm.,

1991).

A second California population of Parish's alkali grass was

discovered in a remote area of Edwards Air Force Base in Kern County in

1992 (D. Charlton, Edwards Air Force Base, pers. comm., 1993). An

estimated 50-400 plants occupy a total area of 50 sq m (500 sq ft) at

an elevation of 700 m (2,300 ft). The associated halophytic vegetation

includes Atriplex canescens (fourwing saltbush), Suaeda moquinii

(inkweed), Calochortus striatus (alkali mariposa lily), Atriplex

confertifolia (shadscale), and A. spinifera (spinescale) (Charlton,

pers. comm., 1993). This population is located between the base of a

stabilized dune on the east side of Rosamond Dry Lake and a small

barren playa. Additional habitat probably existed where a road now

borders the playa. Past land use is unknown. There are currently no

activities in the area, but due to its roadside location, the site

remains vulnerable to accidental disturbance. This population occurs in

an active dune field and could be buried if the dunes shift or

destabilize.

The largest known population of Parish's alkali grass occurs at a

privately owned spring in Grant County, New Mexico (Phillips and

Phillips 1991). This spring has been captured and the outflow comes out

of two pipes. Parish's alkali grass occurs in a low-lying seep area

about 300 m (1,000 ft) downstream from the spring. This population

occupies approximately 4 ha (10 ac) and varies from 200-5,000 plants,

depending on environmental conditions. Associated riparian species

include Distichlis stricta (saltgrass), Sporobolus airoides (alkali

sacaton), yerba mansa, Scirpus olneyi (Olney bulrush), and Juncus

balticus (wire rush).

Misidentification of Parish's alkali grass by botanists has led to

the inclusion of erroneous localities in the literature. A grass

specimen collected in 1967 near Winkleman, Navajo County, Arizona, was

later identified as Poa annua (annual blue grass). A specimen collected

in 1982 from Clark County, Nevada (Wallace 1993), was later identified

as Leptochloa filiformis (red sprangletop). A specimen collected in

1966 near the town of Red River, Taos County, New Mexico, was recently

identified as annual blue grass (R. Sivinski, New Mexico Energy,

Minerals and Natural Resources Department, pers. comm., 1993).

Federal action on this species began as a result of section 12 of

the Act, which directed the Secretary of the Smithsonian Institution to

prepare a report on those plants considered to be endangered,

threatened, or extinct in the United States. This report, designated as

House Document No. 94-51, was presented to Congress on January 9, 1975.

On July 1, 1975, the Service published a notice in the Federal Register

(40 FR 27823) of its acceptance of the Smithsonian report as a petition

within the context of section 4 (c)(2) (now section 4(b)(3)) of the

Act, and giving notice of its intention to review the status of the

plant taxa named therein. Parish's alkali grass was included as

threatened in this notice of review. On December 15, 1980 (45 FR

82479), the Service published an updated notice reviewing the native

plants being considered for classification as endangered or threatened.

Parish's alkali grass was included in this notice as a Category 1

species. Category 1 comprises taxa for which the Service has on file

substantial data on biological vulnerability and threats to support

preparation of listing proposals. The November 23, 1983, supplement to

the plant notice of review (48 FR 53640) reclassified Parish's alkali

grass as a Category 2 candidate. Category 2 species are those taxa for

which there is some evidence of vulnerability, but for which there are

insufficient data to support listing proposals at the time. Parish's

alkali grass was included as a Category 2 species in the 1985 and 1990

notices of review (50 FR 39525, September 27, 1985; 55 FR 6183,

February 21, 1990). The most recent plant notice of review (58 FR

51144; September 30, 1993) upgraded this species to Category 1 status.

Section 4(b)(3)(B) of the Act requires the Secretary to make

findings on certain pending petitions within 1 year of their receipt.

Section 2(b)(1) of the 1982 amendments further requires that all

petitions pending on October 13, 1982, be treated as having been newly

submitted on that date. Because Parish's alkali grass was included in

the 1975 Smithsonian report, which was accepted as a petition, the

petition to list this species was treated as being newly submitted on

October 13, 1982. From 1983 to 1993, the Service made the required 1-

year findings that listing Parish's alkali grass was warranted, but

precluded by other listing actions of higher priority, in accordance

with section 4(b)(3)(B)(iii) of the Act. Biological data supplied by

Phillips and Phillips (1991) fully support the listing of this species.

Publication of this proposed rule constitutes the final 1-year finding

for this species.

Summary of Factors Affecting the Species

Section 4 of the Act and regulations (50 CFR part 424) promulgated

to implement the Act set forth the criteria and procedures for adding

species to the Federal Lists. A species may be determined to be an

endangered or threatened species due to one or more of the five factors

described in section 4(a)(1). These factors and their application to

Puccinellia parishii Hitchcock (Parish's alkali grass) are as follows:

A. The present or threatened destruction, modification, or

curtailment of its habitat or range. Parish's alkali grass is

vulnerable to alteration of the hydrologic flows upon which it depends

through water diversion and impoundment, and groundwater pumping. The

development of these fragile spring habitats could eliminate the

already small populations of this species. One population near Tuba

City, Arizona, occurs in a mesic canyon bottom used since the late

1800's for farming. The canyon bottom is divided into a series of plots

that are farmed by individual families (Hevron, pers. comm., 1993).

Water is drained from the canyon bottom each spring by two lateral

ditches and a central drain. It takes about 4-6 weeks for the area to

dry out enough to be farmed. Farming practices such as burning,

herbicide use, and plowing regimes may have impacted this population of

Parish's alkali grass because the grass is present in some farm plots,

but absent in others with apparently similar soils and drainage. Plants

of Parish's alkali grass have been observed plowed up within some plots

(Hevron, pers. comm., 1993). Threats to this and other sites within the

Tuba City area include farming of seep habitat, construction,

recreation, and water diversion.

Livestock have access to most of the currently known sites of

Parish's alkali grass, but apparently do not graze the species.

However, trampling by livestock occurs at the Grant County spring and

in the Tuba City area. Livestock hooves produce surface disturbance

that can develop into gullies, increase soil erosion and surface water

runoff, reduce or eliminate the soil seed bank, open up the habitat to

invasive weedy species, and lessen the ability of Parish's alkali grass

populations to recover.

The most severe types of surface disturbance and habitat alteration

occur when heavy equipment is used within spring or seep habitat. The

San Bernardino County spring complex was changed from a natural spring

into several water impoundments presumably used by livestock. Although

no further construction is currently planned for this site, it is near

the community of Lucerne Valley, which is undergoing an accelerated

rate of development. One population of Parish's alkali grass in the

Tuba City area occurs on a hillside that has been partly leveled by a

bulldozer, possibly for house construction. Such habitat alteration can

cause permanent changes in the soil microhabitat, severe soil erosion,

loss of the soil seed bank, and eventual decline or loss of the

population.

B. Overutilization for commercial, recreational, scientific, or

educational purposes. No economic uses for Parish's alkali grass are

known. However, low population numbers make this species vulnerable to

overcollection by both scientists and rare plant enthusiasts.

C. Disease or predation. Jackrabbits (Lepus californicus) have been

documented grazing the San Bernardino County, California, site during

midsummer (Thomas, pers. comm., 1993). The effect of this predation on

Parish's alkali grass is unknown. No significant disease has been

observed in this species.

D. The inadequacy of existing regulatory mechanisms. Parish's

alkali grass is included as a Highly Safeguarded species on the list of

plants protected under the Arizona Native Plant Law (ARS 3-901),

administered by the Arizona Department of Agriculture. A Highly

Safeguarded species is one ``* * * whose prospects for survival in

this State are in jeopardy* * *.'' The protections afforded a Highly

Safeguarded species include restrictions on collecting and a

requirement for salvage permits. However, all known populations of

Parish's alkali grass in Arizona occur on tribal lands where the

Arizona Native Plant Law does not apply. This species is not currently

protected on the Navajo or Hopi reservations in Arizona. Under title 17

section 507(b) of the Navajo Tribal Code and Navajo Nation Council

Resources Committee Resolution RCF-014-91, the Navajo Fish and Wildlife

Department has developed the Navajo Nation Endangered Species List

(NESL) for tribal lands. Parish's alkali grass is currently listed on

the NESL as a Group 4 species, meaning there is insufficient

information to list it as endangered or threatened on the NESL. There

are currently no restrictions on its collection and/or the modification

of its habitat on the Navajo reservation. The Navajo Fish and Wildlife

Department is in the process of revising the status of Parish's alkali

grass (Hevron, pers. comm., 1993).

Although Parish's alkali grass is not listed as endangered by the

State of California, it is on List 1B of the California Native Plant

Society's Inventory of Rare and Endangered Vascular Plants of

California. List 1B plants are considered ``rare, threatened, or

endangered in California and elsewhere.'' Under the guidelines of the

California Environmental Quality Act, List 1B species are considered

equivalent to State-listed species for the purposes of disclosing

project impacts to sensitive resources in environmental assessments.

However, such disclosure does not confer protection from project

impacts on these species.

Parish's alkali grass is protected in the State of New Mexico by

the New Mexico Native Plant Protection Act (NMFRCD Rule No. 91-1). This

law prohibits collection without a permit from the New Mexico Energy,

Minerals and Natural Resources Department.

E. Other natural or manmade factors affecting its continued

existence. Low population numbers and limited distribution make this

species vulnerable to extinction from both natural and manmade threats.

Further reduction in population numbers could reduce the reproductive

capability and genetic potential of this species. There is a potential

threat of deliberate destruction of plants by individuals concerned

about the perceived loss of property rights resulting from listing

species under the Act.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by this species in determining to propose this

rule. Based on this evaluation, the preferred action is to list

Parish's alkali grass as endangered without critical habitat.

Endangered status is appropriate because there are few remaining

populations and the species' habitat is vulnerable to hydrologic

alteration, development, grazing impacts, and other disturbances.

Critical habitat is not being proposed for the reasons discussed below.

Critical Habitat

Section 4(a)(3) of the Act, as amended, requires that, to the

maximum extent prudent and determinable, the Secretary propose critical

habitat at the time a species is proposed to be endangered or

threatened. The Service finds that designation of critical habitat is

not prudent for Parish's alkali grass at this time. Service regulations

(50 CFR 424.12(a)(1)) state that designation of critical habitat is not

prudent when one or both of the following situations exist--(1) The

species is threatened by taking or other human activity, and

identification of critical habitat can be expected to increase the

degree of such threat to the species, or (2) such designation of

critical habitat would not be beneficial to the species. As discussed

under Factors B and E in the ``Summary of Factors Affecting the

Species,'' Parish's alkali grass is threatened by taking (including

vandalism to habitat), an activity difficult to enforce against and

only regulated by the Act with respect to plants in cases of (1)

removal and reduction to possession of listed plants from lands under

Federal jurisdiction, or their malicious damage or destruction on such

lands; and (2) removal, cutting, digging up or damaging or destroying

in knowing violation of any State law or regulation, including State

criminal trespass law. Such provisions are difficult to enforce, and

publication of critical habitat descriptions and maps would make

Parish's alkali grass more vulnerable and increase enforcement

problems. Pertinent Federal, State, and local government agencies have

been notified of the proposed listing of this species. Other interested

parties will be notified either by mail or by public notice in local

newspapers. Private landowners that have not yet been notified will be

notified of the location and importance of protecting this species'

habitat, following publication of this proposal. Protection of this

species' habitat will be addressed through the recovery process and

through the section 7 jeopardy standard. Therefore, it would not now be

prudent to propose critical habitat for Parish's alkali grass.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the Endangered Species Act include recognition,

recovery actions, requirements for Federal protection, and prohibitions

against certain practices. Recognition through listing encourages and

results in conservation actions by Federal, State, and private

agencies, groups, and individuals. The Act provides for possible land

acquisition and cooperation with the States and requires that recovery

actions be carried out for all listed species. The protection required

of Federal agencies and the prohibitions against certain activities

involving listed plants are discussed, in part, below.

Section 7(a) of the Act, as amended, requires Federal agencies to

evaluate their actions with respect to any species that is proposed or

listed as endangered or threatened and with respect to its critical

habitat, if any is being designated. Regulations implementing this

interagency cooperation provision of the Act are codified at 50 CFR

part 402. Section 7(a)(4) requires Federal agencies to confer with the

Service on any action that is likely to jeopardize the continued

existence of a species proposed for listing or result in destruction or

adverse modification of proposed critical habitat. If a species is

listed subsequently, section 7(a)(2) requires Federal agencies to

ensure that activities they authorize, fund, or carry out are not

likely to jeopardize the continued existence of such a species or

destroy or adversely modify its critical habitat. If a Federal action

may affect a listed species or its critical habitat, the responsible

Federal agency must enter into formal consultation with the Service.

Possible future Federal actions that could affect Parish's alkali

grass include U.S. Army Corps of Engineers involvement in projects such

as the construction of roads, bridges, and dredging projects subject to

section 404 of the Clean Water Act (33 U.S.C. 1344 et seq.) and section

10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 401 et seq.), and

issuance of loans by the Farmers Home Administration. The Bureau of

Indian Affairs may permit, fund, or carry out actions such as utility

corridors or home construction within spring habitat. Road

construction, training exercises, and other military activities could

affect the species at Edwards Air Force Base.

The Act and its implementing regulations found at 50 CFR 17.61,

17.62, and 17.63 set forth a series of general prohibitions and

exceptions that apply to all endangered plants. All prohibitions of

section 9(a)(2) of the Act, implemented by 50 CFR 17.61, apply. These

prohibitions, in part, make it illegal for any person subject to the

jurisdiction of the United States to import or export, transport in

interstate or foreign commerce in the course of a commercial activity,

sell or offer for sale in interstate or foreign commerce, or to remove

and reduce to possession the species from areas under Federal

jurisdiction. In addition, for plants listed as endangered, the Act

prohibits the malicious damage or destruction on Federal lands and the

removal, cutting, digging up, or damaging or destroying of such plants

in knowing violation of any State law or regulation, including State

criminal trespass law. Certain exceptions apply to agents of the

Service and State conservation agencies.

The Act and 50 CFR 17.62 and 17.63 also provide for the issuance of

permits to carry out otherwise prohibited activities involving

endangered species under certain circumstances. Such permits are

available for scientific purposes and to enhance the propagation or

survival of the species. It is anticipated that few trade permits would

ever be sought or issued because Parish's alkali grass is not common in

cultivation or in the wild. Requests for copies of the regulations on

listed species and inquiries regarding prohibitions and permits may be

addressed to the Office of Management Authority, U.S. Fish and Wildlife

Service, room 420C, 4401 N. Fairfax Drive, Arlington, Virginia 22203

(703/358-2105, FAX 703/358-2281).

Public Comments Solicited

The Service intends that any final action resulting from this

proposal will be as accurate and as effective as possible. Therefore,

comments or suggestions from the public, other concerned governmental

agencies, the scientific community, industry, or any other interested

party concerning this proposed rule are hereby solicited. Comments

particularly are sought concerning:

(1) Biological, commercial trade, or other relevant data concerning

any threat (or lack thereof) to Parish's alkali grass;

(2) The location of any additional populations of this species and

the reasons why any habitat should or should not be determined to be

critical habitat as provided by section 4 of the Act;

(3) Additional information concerning the range, distribution, and

population size of this species; and

(4) Current or planned activities in the subject area and their

possible impacts on this species.

Final promulgation of the regulation on this species will take into

consideration the comments and any additional information received by

the Service, and such communications may lead to a final regulation

that differs from this proposal.

The Endangered Species Act provides for one or more public hearings

on this proposal, if requested. Requests must be received within 45

days of the date of publication of the proposal in the Federal

Register. Such requests must be made in writing and be addressed to the

Field Supervisor, U.S. Fish and Wildlife Service, New Mexico Ecological

Services Field Office (see ADDRESSES section).

National Environmental Policy Act

The Fish and Wildlife Service has determined that Environmental

Assessments and Environmental Impact Statements, as defined under the

authority of the National Environmental Policy Act of 1969, need not be

prepared in connection with regulations adopted pursuant to section

4(a) of the Endangered Species Act of 1973, as amended. A notice

outlining the Service's reasons for this determination was published in

the Federal Register on October 25, 1983 (48 FR 49244).

References Cited

Hitchcock, A.S. 1928. New species of grasses from the United States.

Proc. Biol. Soc. Wash. 41:157-158.

Phillips, A.M., III, and B.G. Phillips. 1991. Status Report for

Puccinellia parishii. U.S. Fish and Wildlife Service, Ecological

Services, Phoenix, Arizona. 10 pp.

Wallace, R. 1993. Draft Conservation Plan: Parish's Alkali Grass,

Puccinellia parishii. The Nature Conservancy, Santa Fe, New Mexico.

18 pp.

Author

The primary author of this proposed rule is Philip Clayton (see

ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Proposed Regulation Promulgation

Accordingly, the Service hereby proposes to amend part 17,

subchapter B of chapter 1, title 50 of the Code of Federal Regulations,

as set forth below:

PART 17--[AMENDED]

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

2. Section 17.12(h) is amended by adding the following, in

alphabetical order under the family Poaceae, to the List of Endangered

and Threatened Plants to read as follows:

Sec. 17.12 Endangered and threatened plants.

* * * * *

(h) * * *

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Species

------------------------------------------- Historic range Status When listed Critical Special

Scientific name Common name habitat rules

----------------------------------------------------------------------------------------------------------------

Poaceae--Grass

family:

* * * * * * *

Puccinellia parishii Parish's alkali U.S.A. (AZ, CA, NM) E ........... NA NA

grass.

* * * * * * *

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Dated: March 16, 1994.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 94-7225 Filed 3-25-94; 8:45 am]

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