![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Endangered and Threatened Wildlife and Plants; Proposal To Delist the California Plant Berberis (=Mahonia) sonnei (Truckee barberry)
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: September 3, 2002 (Volume 67, Number 170)]
[Proposed Rules]
[Page 56254-56257]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se02-19]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AH47
Endangered and Threatened Wildlife and Plants; Proposal To Delist
the California Plant Berberis (=Mahonia) sonnei (Truckee barberry)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
delist or remove Berberis (=Mahonia) sonnei (Truckee barberry) from the
List of Endangered and Threatened Plants. We propose this action based
on a review of all available data, which indicate that this plant is
not a discrete taxonomic entity and does not meet the definition of a
species (which includes subspecies and varieties of plants) as defined
by the Endangered Species Act of 1973, as amended (Act). Berberis
sonnei has been synonymized with B. repens, a common and widespread
taxon with a distribution from California northward to British Columbia
and Alberta, and eastward to the Great Plains. If made final, this
proposed rule would eliminate Federal protection for Berberis sonnei
under the Act. Comments from the public regarding this proposal are
sought.
DATES: Comments from all interested parties must be received by
November 4, 2002. Public hearing requests must be received by October
18, 2002.
ADDRESSES: If you wish to comment, you may submit your comments and
materials concerning this proposal to delist or remove Berberis
(=Mahonia) sonnei (Truckee barberry) from the List of Endangered and
Threatened plants by any one of several methods:
You may submit written comments and information to Wayne White,
Field Supervisor, Sacramento Fish and Wildlife Office, U.S. Fish and
Wildlife Service, 2800 Cottage Way, Room W-2605, Sacramento, California
95825.
You may send electronic mail (e-mail) to barberry@fws.gov. See the
Public Comments Solicited section below for file format and other
information about electronic filing.
You may hand-deliver comments to our Sacramento Fish and Wildlife
Office at the address given above.
Comments and materials received, as well as supporting
documentation used in the preparation of this proposed rule, will be
available for public inspection, by appointment, during normal business
hours at the above address.
FOR FURTHER INFORMATION CONTACT: Kirsten Tarp or Jim Browning, at the
above address (telephone 916/414-6600; facsimile 916/414-6710).
SUPPLEMENTARY INFORMATION:
Background
Berberis (=Mahonia) sonnei (Truckee barberry) is a small colonial
evergreen shrub known only from a 250-meter (m) (280-yard (yd)) section
of Truckee River flood plain in the town of Truckee, Nevada County,
California. Berberis (=Mahonia) sonnei (Truckee barberry) is a small
colonial evergreen shrub known only from a 250-meter (m) (280-yard
(yd)) section of Truckee River flood plain in the town of Truckee,
Nevada County, California. LeRoy Abrams described Berberis sonnei as
Mahonia sonnei in 1934. McMinn (1939) transferred Mahonia sonnei to the
genus Berberis. Separation of Berberis and Mahonia at the generic level
is in dispute among taxonomists. The generic name Berberis will be used
throughout this discussion following Yoder-Williams (1985, 1987).
The collections amateur botanist Charles Sonne made between 1884-
1886 from around the Truckee River in Nevada County, California,
provided the material from which the Berberis sonnei type later was
taken. Sonne placed his collections in B. aquifolium, which at the time
was the only suitable name to which he could refer his specimens (Roof
1974).
LeRoy Abrams (1934) determined that Sonne's specimens were not
Berberis aquifolium and recognized them as a new species, B. sonnei, in
his revision of the western barberries. Abrams distinguished the new
species from B. aquifolium by the numerous small teeth on the leaf
margins, dull color of underside leaf surfaces, and presence of
papillae (small round or conic projections), concluding that these
characters indicated a closer relationship with B. repens.
Sonne's material, and an 1881 collection by Marcus Jones at Soda
Springs, Nevada County, California, were the only specimens of Berberis
sonnei available to botanists for many
[[Page 56255]]
years. The actual location of Jones' collection has never been
determined conclusively; it possibly was the same area later collected
by Sonne (U.S. Fish and Wildlife Service 1984). Howard McMinn searched
unsuccessfully for B. sonnei for his 1939 treatment of California
shrubs. A 1944 collection from an unknown site on the Truckee River was
placed in B. repens and went unnoticed by botanists for nearly 30
years. In 1965, an examination of Sonne's field notes revealed a
reference to B. aquifolium, which likely could have been B. sonnei,
from Deer Creek in Placer County, California but the locality is
undocumented by a specimen (Roof 1974). Berberis sonnei was not
relocated until a 1973 collection by Tahoe-Truckee high school student,
Cathy Kramer, from the site presumably visited by Sonne nearly 90 years
earlier (Roof 1974).
Taxonomic relationships between members of the Berberis aquifolium
complex, which includes B. repens and B. sonnei, have long been
confused. Abrams (1934) and McMinn (1939) both recognized a close
relationship between B. sonnei and B. repens. McMinn (1939) first
questioned the validity of B. sonnei, observing that B. sonnei perhaps
was ``'only a more upright form of''' B. repens. Yoder-Williams (1985,
1986, 1987) attributed frequent misclassification of herbarium
specimens to the use of taxonomic characters incapable of consistently
separating taxa of the group because they failed to account for
variability throughout the range of the complex.
Yoder-Williams (1985, 1986, 1987) evaluated the diagnostic value of
Berberis characters, including presence of papillae, glossiness of
upper and lower leaf surfaces, plant height, and leaf tooth spination.
As a result of his evaluation, Yoder-Williams concluded in several
unpublished manuscripts that an analysis of possible characters to
separate Berberis sonnei from both B. repens and B. aquifolium as
treated by Abrams (1934) ``failed to produce any clear distinctions,''
and that the taxon B. sonnei should be reduced to synonymy under B.
repens. He recommended further field work and a comprehensive taxonomic
revision of the entire group.
Michael Williams (1993) based his treatment of California Berberis
on his taxonomic studies of selected members of the B. aquifolium
complex (Yoder-Williams 1985, 1986, 1987). Williams' treatment of the
California taxa followed earlier authors (Scoggan 1978) in placing B.
repens as a variety of B. aquifolium, and additionally synonymized B.
sonnei with B. aquifolium var. repens. The latter is a widespread taxon
with a distribution from the Peninsular Ranges of southern California
northward to British Columbia and eastward to the Great Plains.
In the Flora of North America (Whittemore 1997), both Berberis
aquifolium var. repens and B. sonnei are considered to be synonyms for
B. repens. Berberis repens occurs in open forest, grassland, and
shrubland. Whittemore (1997) notes that Sonne's collections from
Truckee are considered to be an aberrant form of B. repens, and that
subsequent collections from this population show the morphology typical
of B. repens (Whittemore 1997). The range for B. repens is similar to
that described for B. aquifolium ssp. repens.
Previous Federal Action
Federal government actions on Berberis sonnei 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, and included B. sonnei as Endangered. We published a
notice on July 1, 1975 (40 FR 27823), of our acceptance of the report
of the Smithsonian Institution as a petition within the context of
section 4(c)(2) of the Act (petition provisions are now found in
section 4(b)(3) of the Act) and our intention thereby to review the
status of the plant taxa named therein. Berberis sonnei was included in
the July 1, 1975, notice. On June 16, 1976, we published a proposal (41
FR 24523) to determine approximately 1,700 vascular plant species,
including B. sonnei, to be endangered species pursuant to section 4 of
the Act. The list of 1,700 plant taxa was assembled on the basis of
comments and data received by the Smithsonian Institution and the
Service in response to House Document No. 94-51 and our July 1, 1975,
publication.
General comments received in relation to the 1976 proposal were
summarized in an April 26, 1978, publication (43 FR 17909). We
published the final rule to list Berberis sonnei as an endangered
species on November 6, 1979 (44 FR 64246).
On February 2, 1997, we received a petition to delist Truckee
barberry (``Mahonia sonnei'' sic) from the National Wilderness
Institute. However, in April 1995, the enactment of Public Law 104-6
(Pub. L. 104-6) prohibited the Service from expending any of the
remaining appropriated funds for the final determinations and listing
of plants and animals under the Act. Subsequent Listing Priority
Guidance, published on December 5, 1996 (61 FR 64479), identified all
delisting actions as Tier 4, and deferred action on all delisting
packages until Fiscal Years 1998 and 1999. As a result of this guidance
we were unable to address the petition to delist the species. In May
1998, the Final Listing Priority Guidance for Fiscal Years 1998 and
1999 (63 FR 25508) identified all delisting actions as Tier 2 priority
actions. Beginning in 1999, funding for work on delisting actions was
provided through the recovery program rather than the listing program
(64 FR 57114, published October 22, 1999). The basis for the National
Wilderness Institute petition was original taxonomic data error. This
notice serves as our combined 90-day and 12-month findings on the
petition and our proposal to delist B. sonnei.
Summary of Factors Affecting the Species
Section 4 of the Act and regulations (50 CFR part 424) implementing
the listing provisions of the Act set forth the procedures for listing,
reclassifying, and delisting species on the Federal lists. A species
may be listed if one or more of the five factors described in section
4(a)(1) of the Act threatens the continued existence of the species. A
species may be delisted, according to 50 CFR 424.11(d), only if the
best scientific and commercial data available substantiate that the
species is neither endangered nor threatened because of (1) extinction,
(2) recovery, and/or (3) because the original data for classification
of the species were in error. We have carefully assessed the best
scientific and commercial information available regarding the taxonomic
classification of Berberis (=Mahonia) sonnei and have determined that
the previous classification of the species is not taxonomically correct
and therefore the species does not meet the definition of ``species''
as defined in the Act. Therefore, we propose to delist or remove
Berberis (=Mahonia) sonnei from the List of Endangered and Threatened
Plants.
The five factors affecting the species, as described in section
4(a)(1) of the Act, and their current application to Berberis
(=Mahonia) sonnei (Abrams) McMinn (Truckee barberry) are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. Berberis sonnei has been
synonymized with B. repens, which ranges from California northward to
British
[[Page 56256]]
Columbia and Alberta and eastward to the Great Plains (Whittemore
1997). This widespread taxon is not significantly threatened. The final
rule that designated B. sonnei as an endangered species identified
urbanization and further modification of streamside habitat of the one
known Truckee River population as threats. Because B. sonnei is not a
distinct taxon and does not meet the definition of ``species'' as
defined in the Act, and the taxon with which it has now been combined
is common and wide ranging and is not threatened by habitat destruction
or modification, this threat does not apply.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. The final rule cited removal of plants from the
one known population as a threat because Berberis species are widely
used as ornamentals. This threat is not applicable to the wide ranging
and common Berberis repens. Since B. sonnei is now combined with B.
repens, the identified threat does not apply.
C. Disease or predation. Neither disease nor predation were cited
as threats in the final rule to list Berberis sonnei as an endangered
species, and they do not threaten the common and widespread taxon B.
repens, to which B. sonnei has been combined.
D. The inadequacy of existing regulatory mechanisms. The common and
widespread taxon Berberis repens, with which B. sonnei has been
combined, does not require regulatory mechanisms to sustain it. The
California Department of Fish and Game tentatively plans to prepare a
proposal to delist B. sonnei sometime in the future (Kevin Shaffer,
California Department of Fish and Game, pers. comm. 1994; Sandra Morey,
California Department of Fish and Game, pers. comm. 2001).
E. Other natural or manmade factors affecting its continued
existence. The final rule listing Berberis sonnei as an endangered
species cited low seed set and seed viability as threats to the one
known population. Neither of these factors threatens the common and
widespread B. repens. No additional natural or manmade factors are
known to threaten B. repens. Accordingly, there are no other natural or
manmade factors affecting the continued existence of B. sonnei which
has been combined with B. repens.
The regulations of 50 CFR 424.11(d) state that a species may be
delisted if--(1) it becomes extinct, (2) it recovers, and/or (3) the
original classification data were in error. We believe current
scientific information demonstrates that Berberis sonnei does not
represent a valid taxonomic entity and, therefore, does not meet the
definition of ``species'' as defined in section 3(15) of the Act.
Therefore, B. sonnei no longer warrants listing under the Act.
Effects of the Rule
If finalized, the proposed action would remove Berberis sonnei from
the List of Endangered and Threatened Plants. The endangered
designation under the Act for this species would be removed. The
prohibitions and conservation measures provided by the Act would no
longer apply to this species. Therefore, interstate commerce, import,
and export of B. sonnei would no longer be prohibited under the Act. In
addition, Federal agencies no longer would be required to consult with
us to insure that any action they authorize, fund, or carry out is not
likely to jeopardize the continued existence of B. sonnei. The take and
use of B. sonnei must comply with State regulations. There is no
designated critical habitat for this species.
Future Conservation Measures
There are no specific preservation or management programs for this
shrub that would be terminated. Section 4(g)(1) of the Act requires us
to monitor a species for at least 5 years after it is delisted based on
recovery. Because Berberis sonnei is being delisted due to new
information that demonstrates that the original classification was in
error, rather than due to recovery, the Act does not require us to
monitor this plant species following its delisting.
Public Comments Solicited
We intend that any final action resulting from this proposal will
be as accurate and as effective as possible. Therefore, we solicit
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule. We particularly seek comments
concerning the taxonomic classification of Berberis sonnei.
Submit comments as indicated under ADDRESSES. If you wish to submit
comments by e-mail, please submit these comments as an ASCII file and
avoid the use of special characters and any form of encryption. Please
also include ``Attn: [RIN 1018-AH47]'' 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 Sacramento Fish and Wildlife Office at phone number 916-
414-6600. Please note that the e-mail address ``fw1_barberry@fws.gov''
will be closed at the termination of the public comment period.
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home address from the rulemaking record, which we will honor to
the extent allowable by law. There also may be circumstances in which
we would withhold from the rulemaking record a respondent's identity,
as allowable by law. If you wish us to withhold your name and/or
address, you must state this prominently at the beginning of your
comment. However, we will not consider anonymous comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.
Comments and other information received, as well as supporting
information used to write this rule, will be available for public
inspection, by appointment, during normal business hours at the above
address.
In making a final decision on this proposal, we will take into
consideration the comments and any additional information we receive.
Such communications may lead to a final regulation that differs from
this proposal.
Public Hearing
The 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. Such requests must be made in writing and
addressed to the Field Supervisor, U.S. Fish and Wildlife Service,
Sacramento Fish and Wildlife Office, 2800 Cottage Way, Suite W-2605,
Sacramento, California 95825.
Required Determinations
Executive Order 12866
Executive Order 12866 requires each Federal agency to write
regulations that are easy to understand. We invite your comments on how
to make this proposal easier to understand including answers to
questions such as the following--(1) Is the discussion in the
SUPPLEMENTARY INFORMATION section of the preamble helpful in
understanding the proposal? (2) Does the proposal contain technical
language or jargon that interferes with its clarity? (3) Does the
format of the proposal (grouping and order of
[[Page 56257]]
sections, use of headings, paragraphing, etc.) aid or reduce its
clarity? What else could we do to make the proposal easier to
understand?
Send a copy of any comments that concern how we could make this
proposal easier to understand to Office of Regulatory Affairs,
Department of the Interior, Room 7229, 1849 C Street, NW., Washington,
DC 20240. You may also send the comments by e-mail to
Exsec@ios.doi.gov.
This rule has been reviewed by the Office of Management and Budget
(OMB) under Executive Order 12866.
Paperwork Reduction Act
OMB regulations at 5 CFR 1320, which implement provisions of the
Paperwork Reduction Act, require that Federal agencies obtain approval
from OMB before collecting information from the public. Implementation
of this rule does not include any collections of information that
require approval by OMB under the Paperwork Reduction Act.
National Environmental Policy Act
We have determined that an Environmental Assessment or
Environmental Impact Statement, 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 as amended. A notice outlining our reasons for
this determination was published in the Federal Register on October 25,
1983 (48 FR 49244).
References Cited
A complete list of all references cited herein is available upon
request from the Sacramento Fish and Wildlife Office, U.S. Fish and
Wildlife Service (see ADDRESSES section).
Author
The primary author of this document is Kirsten Tarp, Sacramento
Fish and Wildlife Office, U.S. Fish and Wildlife Service (see ADDRESSES
section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
record-keeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we hereby propose to amend part 17, subchapter B of
chapter I, 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.
Sec. 17.12 [Amended]
2. Section 17.12(h) is amended by removing the entry for Berberis
sonnei (=Mahonia s.), Truckee barberry, under ``FLOWERING PLANTS,''
from the List of Endangered and Threatened Plants.
Dated: August 15, 2002.
Steve Williams,
Director, Fish and Wildlife Service.
[FR Doc. 02-22300 Filed 8-30-02; 8:45 am]
BILLING CODE 4310-55-P