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Endangered and Threatened Wildlife and Plants; Delisting of the Berberis (=Mahonia) sonnei (Truckee barberry)
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: October 1, 2003 (Volume 68, Number 190)]
[Rules and Regulations]
[Page 56564-56567]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc03-16]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AH47
Endangered and Threatened Wildlife and Plants; Delisting of the
Berberis (=Mahonia) sonnei (Truckee barberry)
AGENCY: Fish and Wildlife Service Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service) have
determined that it is appropriate to delist or remove Berberis
(=Mahonia) sonnei (Truckee barberry) from the List of Endangered and
Threatened Plants. This determination is based on a thorough 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) under the Endangered
Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.).
Berberis sonnei has been synonymized with B. repens, a common and wide-
ranging taxon with a distribution from California northward to British
Columbia and Alberta, and eastward to the Great Plains. This rule
eliminates Federal protection for Berberis sonnei under the Act.
DATES: This rule is effective October 1, 2003.
ADDRESSES: The administrative record for this rule is available for
inspection, by appointment, during normal business hours at the
Sacramento Fish and Wildlife Office of the U.S. Fish and Wildlife
Service, 2800 Cottage Way, Suite W-2605, Sacramento, California 95825-
1888 (telephone: 916-414-6600).
FOR FURTHER INFORMATION CONTACT: Kirsten Tarp or Susan Moore, at the
above address (telephone: 916-414-6600; facsimile: 916-414-6713).
SUPPLEMENTARY INFORMATION:
Background
Berberis (=Mahonia) sonnei is a small colonial evergreen shrub
known only from a 280-yard (250-meter) section of the Truckee River
floodplain in the town of Truckee, Nevada County, CA. 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, 1986, 1987).
[[Page 56565]]
The collections amateur botanist Charles Sonne made from 1884 to
1886 around the Truckee River in Nevada County, CA, 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, CA, were the only specimens of Berberis sonnei
available to botanists for many years. The actual location of Jones's
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, CA, 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.
Williams's 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 wide-ranging 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 an endangered species. 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 (P.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. We published a
proposed rule to remove Berberis sonnei from the Federal List of
Endangered and Threatened Plants on September 3, 2002 (67 FR 56254),
based on information indicating that B. sonnei is not a discrete
taxonomic entity and does not meet the definition of a species as
defined by the Act. The proposed rule also served as our combined 90-
day and 12-month finding on this petition.
Summary of Issues and Recommendations
In the September 3, 2002, proposed rule (67 FR 56254) and
associated notifications, we invited all interested parties to submit
comments or information that might contribute to the final delisting
determination for this species. The public comment period ended
November 4, 2002. We contacted
[[Page 56566]]
and sent announcements of the proposed rule to appropriate Federal and
State agencies, county governments, scientific organizations, and other
interested parties. We established an Internet web site for electronic
submittal of comments and hearing requests by any party. In addition,
we solicited formal scientific peer review of the proposal in
accordance with our July 1, 1994, Interagency Cooperative Policy for
Peer Review in Endangered Species Act Activities (59 FR 34270). We
requested three individuals with expertise in one or several fields,
including familiarity with the species, familiarity with the geographic
region in which the species occurs, and familiarity with the principles
of conservation biology, to review the proposed rule by the close of
the comment period. We received comments from two parties, including
one designated peer reviewer. The comment is addressed in the following
summary. We did not receive any requests for a public hearing.
Issue: Both commenters agreed with us that the morphological work
and conclusion of both Michael Yoder-Williams and Alan Whittemore
regarding the taxonomy of Berberis sonnei are scientifically sound as
far as existing evidence, but requested that a molecular analysis of B.
sonnei be conducted to determine if the molecular evidence correlates
with the morphological evidence before delisting B. sonnei.
Our Response: We base our delisting decisions upon the best
available commercial and scientific information. Currently, no one has
performed a molecular analysis of Berberis sonnei. After a review of
all available data, we have made the determination that B. sonnei is
not a discrete taxonomic entity and does not meet the definition of a
species. Therefore, our recommendation to delist B. sonnei remains
unchanged. If new information becomes available through molecular
analyses that shows that B. sonnei is a discrete taxonomic entity, we
will reexamine the threats to determine if it should be listed again.
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, or removing species from listed status. We may list a
species as endangered or threatened because of one or more of the five
factors described in section 4(a)(1) of the Act; we must consider these
same five factors in delisting a species. According to 50 CFR 424.11(d)
of our regulations, we may delist a species if the best available
scientific and commercial data indicate that the species is neither
endangered nor threatened for the following reasons: (1) The species is
extinct; (2) the species has recovered and is no longer endangered or
threatened; and/or (3) the original scientific data used at the time
the species was classified 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 previous
classification of the species is not taxonomically correct and that the
entity listed as B. sonnei does not meet the definition of ``species''
in the Act. Therefore, we have determined that it is appropriate 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 repens, with which B.
sonnei has been combined, is a common species ranging from California
northward to British Columbia and Alberta and eastward to the Great
Plains (Whittemore 1997). This wide-ranging taxon is not threatened.
Although urbanization and other activities may destroy or modify its
habitat in localized areas, there is no evidence that habitat
destruction or modification threaten the continued existence of B.
repens.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. The final rule adding Berberis sonnei to the
endangered species list cited removal of plants from the one known
population as a threat because Berberis species are widely used as
ornamentals. Because Berberis repens, with which B. sonnei has been
combined, is common and wide-ranging, removal of plants for ornamental
purposes does not threaten this species.
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 wide-ranging taxon B.
repens, with which B. sonnei has been combined.
D. The inadequacy of existing regulatory mechanisms. There is no
evidence that the common and wide-ranging Berberis repens, with which
B. sonnei has been combined, requires 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 (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
wide-ranging B. repens, with which B. sonnei has been combined.
In summary, our regulations at 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'' in section 3(15) of the Act. In addition,
we have determined that B. repens, with which B. sonnei has been
combined, is not an endangered or threatened species. We, therefore,
conclude that B. sonnei no longer warrants listing under the Act.
Effects of the Rule
This action removes Berberis sonnei from the List of Endangered and
Threatened Plants. The prohibitions and conservation measures provided
by the Act no longer apply to this species. Therefore, interstate
commerce, import, and export of B. sonnei are no longer prohibited
under the Act. In addition, Federal agencies no longer are 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 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
Berberis sonnei. Section 4(g)(1) of the Act requires us to monitor for
at least 5 years species that are delisted due to recovery. Because B.
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.
Effective Date
This rule relieves an existing restriction. Therefore, in
accordance with 5 U.S.C. 553(d), we have determined that good cause
exists to
[[Page 56567]]
make this rule effective immediately. Delay in implementation of this
delisting could cost government agencies staff time and monies on
conducting section 7 consultations. Relieving the existing restrictions
associated with this listed species will enable Federal agencies to
minimize any further delays in project planning and implementation.
Paperwork Reduction Act
This rule does not include any collections of information that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3501 et seq.). A Federal agency may not conduct or sponsor, and a
person is not required to respond to, a collection of information
unless it has a current valid OMB control number.
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
Act. We published a notice outlining our reasons for this determination
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
recordkeeping requirements, Transportation.
Regulation Promulgation
? For the reasons set out in the preamble, we hereby 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: September 23, 2003.
Marshall Jones,
Deputy Director, U.S. Fish and Wildlife Service.
[FR Doc. 03-24858 Filed 9-30-03; 8:45 am]
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